Chapter 807 — Driving Privileges and Identification Cards

 

2013 EDITION

 

DRIVING PRIVILEGES AND IDENTIFICATION CARDS

 

OREGON VEHICLE CODE

 

REQUIREMENT

 

807.010     Operating vehicle without driving privileges or in violation of license restrictions; penalty

 

STATUTORY PRIVILEGES

 

807.018     Persons considered to hold commercial driving privileges

 

807.020     Exemptions from requirement to have Oregon license or permit

 

ESTABLISHMENT OF IDENTITY

 

807.021     Proof of legal presence; rules

 

807.022     Verification of identity source documents

 

807.024     Collection of biometric data; establishment of person’s identity; rules; immunity

 

807.026     Management of biometric data

 

LICENSES, ENDORSEMENTS, DRIVER CARDS AND PERMITS

 

(Licenses)

 

807.031     Classes of license

 

807.035     Kinds of endorsements

 

807.036     Exceptions to endorsement requirement for tow vehicle operator

 

807.038     School bus endorsement exception

 

807.040     Requirements for issuance; rules; fees

 

807.045     Issuance of commercial license to person who holds out-of-state commercial license

 

807.050     Application

 

807.060     Eligibility

 

807.062     Domicile or residency requirement for driver license

 

807.065     Additional eligibility requirements for persons under 18 years of age; provisional driver license

 

807.066     School requirements for persons under 18 years of age

 

807.070     Examinations

 

807.072     Waiver of certain examinations, tests and demonstrations; rules

 

807.080     Driver competency testing certificates; waiver of demonstration test for persons certified; rules; fees

 

807.090     Establishing eligibility notwithstanding mental or physical condition or impairment

 

807.100     Proof of medical qualification; rules

 

807.110     Contents of license; rules

 

807.115     Duplicate images of photographs

 

807.120     Restrictions generally

 

807.122     Restrictions on operation with provisional driver license

 

807.130     Expiration

 

807.135     Expiration of license held by Oregon National Guard member or military reservist

 

807.140     Notice prior to expiration; exceptions; effect of failure to notify; records

 

807.150     Renewal

 

807.160     Replacement license or permit; rules; fees

 

(Endorsements)

 

807.170     Requirements for issuance; fees; cancellation

 

807.173     Additional requirements for hazardous materials endorsement; rules

 

807.175     Motorcycle education course

 

(Driver Cards)

 

(Provisions relating to driver cards are compiled as notes following ORS 807.175)

 

(Permits)

 

807.200     Types of permit

 

807.210     Disability golf cart permit; fees

 

807.220     Emergency driver permit; fees

 

807.230     Special student driver permit; fees

 

807.240     Hardship permit; fees; rules

 

807.250     Restrictions on issuance of hardship permit

 

807.252     Restrictions on issuance of hardship permit to person convicted of assault in second, third or fourth degree

 

807.260     Notice to police about hardship permit holders and limitations on permits

 

807.270     Probationary driver permit; fee; rules

 

807.280     Instruction driver permit; fees

 

807.285     Commercial learner driver permit; fees

 

807.290     Special temporary instruction driver permit; fees

 

807.310     Applicant temporary permit; rules

 

807.320     Court issued temporary driver permit

 

807.330     Court bail driver permit

 

(Continuing Eligibility)

 

807.340     Reestablishment of eligibility; effect of failure to reestablish; waiver of fee

 

807.350     Cancellation of privileges; issuance of more limited license or permit

 

(Persons With Limited Vision)

 

807.355     Definitions

 

807.359     Special limited vision condition learner’s permit

 

807.363     Issuance of driver license to person with limited vision condition

 

807.368     Form of permit; rehabilitation training specialists; rules

 

807.369     Driving at night

 

FEES

 

807.370     License, endorsement and permit fees

 

807.375     Additional fee for collection and verification of biometric data

 

807.390     Waiver of certain fees; rules

 

IDENTIFICATION CARDS

 

807.400     Issuance; application; contents; renewal; fee; validity; replacement; cancellation; rules

 

807.405     Applicant temporary identification card; rules

 

807.410     Fees

 

807.420     Failure to notify department on change of name or address; rules; penalty

 

807.430     Misuse of identification card; penalty

 

OFFENSES

 

807.500     Unlawful production of certain documents; affirmative defense; penalty

 

807.510     Transfer of documents for purposes of misrepresentation; penalty

 

807.520     False swearing to receive license; penalty

 

807.530     False application for license; penalty

 

807.540     Failure to surrender prior license; penalty

 

807.550     Holding multiple licenses; penalty

 

807.560     Failure to notify department upon change of address or name; rules; penalty

 

807.570     Failure to carry or present license; penalty

 

807.580     Using invalid license; penalty

 

807.590     Permitting misuse of license; penalty

 

807.600     Using another’s license; penalty

 

807.610     Employing or providing vehicle to unqualified driver; penalty

 

807.620     Giving false information to police officer; penalty

 

MISCELLANEOUS

 

807.700     Notification to department as to released persons with mental retardation or mental illness who are licensed operators

 

807.710     Reports of persons with cognitive or functional impairment; rules; forms

 

807.720     Filing of death records with department

 

807.725     Issuance of fictitious driver licenses and identification cards; rules; fees

 

807.730     Issuance of limited term driver licenses and identification cards

 

807.735     Providing assistance to applicants for driver licenses, driver permits and identification cards

 

807.745     Findings regarding personal information contained in driver licenses, driver permits and identification cards

 

807.750     Restrictions on swiping driver licenses or identification cards

 

REQUIREMENT

 

      807.010 Operating vehicle without driving privileges or in violation of license restrictions; penalty. (1) A person commits the offense of operating a vehicle without driving privileges if the person operates a motor vehicle upon a highway or premises open to the public in this state and the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, endorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

      (2) A person to whom a license or driver permit is issued commits the offense of violating license restrictions if the person operates a motor vehicle in any manner that violates restrictions that are placed upon the person’s driving privileges by the Department of Transportation under ORS 807.120 or 807.122, by a court under ORS 809.210 or 809.270, or by the vehicle code.

      (3) Nothing in this section is applicable to a person who is driving while suspended or revoked in violation of ORS 811.175 or 811.182. Persons who violate ORS 811.175 or 811.182 are subject to the provisions and penalties provided therein and are not subject to the penalties and provisions of this section.

      (4) Except as provided in subsection (5) of this section, the offense described in subsection (1) of this section, operating a vehicle without driving privileges, is a Class B traffic violation.

      (5) The offense described in subsection (1) of this section, operating a vehicle without driving privileges, that results from a person operating a motorcycle without a motorcycle endorsement, is a Class A traffic violation.

      (6)(a) The court shall suspend a fine imposed under subsection (5) of this section on the condition that the person, within 120 days of the date of sentencing:

      (A) Complete a motorcycle education course established by the department under ORS 802.320; and

      (B) Obtain a motorcycle endorsement issued under ORS 807.170.

      (b) The court shall set a hearing date for 120 days from the date of sentencing. At the hearing the court shall:

      (A) If the person has successfully completed the requirements described in paragraph (a)(A) and (B) of this subsection, dismiss the fine imposed under subsection (5) of this section; or

      (B) If the person has not successfully completed the requirements described in paragraph (a)(A) and (B) of this subsection:

      (i) Grant the person an extension based on good cause shown; or

      (ii) Impose the fine under subsection (5) of this section.

      (7) The offense described in subsection (2) of this section, operating in violation of license restrictions, is a Class B traffic violation. [1985 c.608 §5 (enacted in lieu of 1983 c. 338 §299); 1987 c.730 §10; 1999 c.328 §6; 2003 c.14 §467; 2009 c.482 §1]

 

STATUTORY PRIVILEGES

 

      807.018 Persons considered to hold commercial driving privileges. (1) Except as provided in subsections (2) and (3) of this section, a person holds commercial driving privileges for the purposes of the Oregon Vehicle Code if the person’s most recently issued driver license or driver permit is or was a commercial driver license or commercial learner driver permit issued by the Department of Transportation or the licensing agency of another jurisdiction, without regard to whether:

      (a) The person’s commercial driver license has expired; or

      (b) The person’s commercial driving privileges are suspended, canceled or revoked.

      (2) Except as provided in subsection (3) of this section, a person does not hold commercial driving privileges for the purposes of the Oregon Vehicle Code if:

      (a) The person has voluntarily surrendered commercial driving privileges and has been issued a noncommercial driver license or driver permit by the department or the licensing agency of another jurisdiction; or

      (b) The person’s commercial learner driver permit has expired and the person’s most recently issued driver license was not a commercial driver license.

      (3) A person holds commercial driving privileges for the purposes of the Oregon Vehicle Code if:

      (a) The person’s commercial driving privileges have been suspended, canceled or revoked by the department or the licensing agency of another jurisdiction; and

      (b) The person has been issued a hardship permit under ORS 807.240 or a comparable law of another jurisdiction that authorizes the person to drive noncommercial motor vehicles. [2013 c.237 §3]

 

      Note: 807.018 becomes operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013.

 

      807.020 Exemptions from requirement to have Oregon license or permit. A person who is granted a driving privilege by this section may exercise the driving privilege described without violation of the requirements under ORS 807.010. A grant of driving privileges to operate a motor vehicle under this section is subject to suspension and revocation the same as other driving privileges granted under the vehicle code. This section is in addition to any exemptions from the vehicle code under ORS 801.026. The following persons are granted the described driving privileges:

      (1) A person who is not a resident of this state or who has been a resident of this state for less than 30 days may operate a motor vehicle without an Oregon license or driver permit if the person holds a current out-of-state license issued to the person. For the purpose of this subsection, a person is a resident of this state if the person meets the residency requirements described in ORS 807.062. To qualify under this subsection, the person must have the out-of-state license or driver permit in the person’s possession. A person is not granted driving privileges under this subsection:

      (a) If the person is under the minimum age required to be eligible for driving privileges under ORS 807.060;

      (b) During a period of suspension or revocation by this state or any other jurisdiction of driving privileges or of the right to apply for a license or driver permit issued by this state or any other jurisdiction; or

      (c) That exceed the driving privileges granted to the person by the out-of-state license or driver permit.

      (2) A person in the Armed Forces of the United States may operate a motor vehicle without an Oregon license or driver permit if the person is operating a motor vehicle in the course of the person’s duties in the Armed Forces.

      (3) A person without a license or driver permit may operate a road roller or road machinery that is not required to be registered under the laws of this state.

      (4) A person without a license or driver permit may temporarily operate, draw, move or propel a farm tractor or implement of husbandry.

      (5) A person without a license or driver permit may operate a motor vehicle to demonstrate driving ability during the course of an examination administered under ORS 807.070 for the purpose of qualifying for a license or driver permit. This subsection only applies when an authorized examiner is in a seat beside the driver of the motor vehicle.

      (6) Driving privileges for snowmobiles are exclusively as provided in ORS 821.150.

      (7) Driving privileges for Class I all-terrain vehicles are exclusively as provided in ORS 821.170.

      (8) Driving privileges for Class III all-terrain vehicles are exclusively as provided in ORS 821.172.

      (9) Driving privileges for Class IV all-terrain vehicles are exclusively as provided in ORS 821.176.

      (10) A person without a license or driver permit may operate a golf cart in accordance with an ordinance adopted under ORS 810.070.

      (11) The spouse of a member of the Armed Forces of the United States on active duty who is accompanying the member on assignment in this state may operate a motor vehicle if the spouse has a current out-of-state license or driver permit issued to the spouse by another state in the spouse’s possession.

      (12) A person who is a member of the Armed Forces of the United States on active duty may operate a motor vehicle if the person has a current out-of-state license or driver permit in the person’s possession that is issued to the person by the person’s state of domicile or by the Armed Forces of the United States in a foreign country. Driving privileges described under this subsection that are granted by the Armed Forces apply only for a period of 45 days from the time the person returns to the United States.

      (13) A person who does not hold a motorcycle endorsement may operate a motorcycle if the person is:

      (a) Within an enclosed cab; or

      (b) Operating a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour.

      (14) A person may operate a bicycle that is not an electric assisted bicycle without any grant of driving privileges.

      (15) A person may operate an electric assisted bicycle without a driver license or driver permit if the person is 16 years of age or older.

      (16) A person may operate a motor assisted scooter without a driver license or driver permit if the person is 16 years of age or older.

      (17) A person who is not a resident of this state or who has been a resident of this state for less than 30 days may operate a motor vehicle without an Oregon license or driver permit if the person is at least 15 years of age and has in the person’s possession a current out-of-state equivalent of a Class C instruction driver permit issued to the person. For the purpose of this subsection, a person is a resident of this state if the person meets the residency requirements described in ORS 807.062. A person operating a motor vehicle under authority of this subsection has the same privileges and is subject to the same restrictions as a person operating under the authority of a Class C instruction driver permit issued as provided in ORS 807.280.

      (18) A person may operate an electric personal assistive mobility device without any grant of driving privileges if the person is 16 years of age or older. [1983 c.338 §300; 1985 c.16; 123; 1985 c.608 §13; 1987 c.217 §5; 1993 c.83 §1; 1995 c.774 §14; 1997 c.400 §6; 2001 c.749 §21; 2003 c.14 §468; 2003 c.341 §6; 2007 c.845 §3; 2009 c.395 §6; 2011 c.360 §16]

 

ESTABLISHMENT OF IDENTITY

 

      807.021 Proof of legal presence; rules. (1) Except as provided in ORS 807.310 (5) and 807.405 (4), prior to issuing, renewing or replacing any driver license, driver permit or identification card, the Department of Transportation shall require a person to provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

      (2) For the purposes of subsection (1) of this section:

      (a) A person provides proof of legal presence in the United States by submitting valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States or is otherwise legally present in the United States in accordance with federal immigration laws.

      (b) A member of a federally recognized tribe located in Oregon or with an Oregon affiliation may submit a tribal identification card as proof of legal presence in the United States if the department determines that the procedures used in issuing the card are sufficient to prove that a member is legally present in the United States.

      (c) If a person is not eligible for a Social Security number, the person shall provide proof, as defined by the department by rule, that the person is not eligible for a Social Security number.

      (3) The department may issue, renew or replace a driver license, driver permit or identification card for an applicant who has submitted a Social Security number only after the department verifies the Social Security number with the United States Social Security Administration. In order to verify the person’s Social Security number, the department may require the person to provide proof, as defined by rule, of the person’s Social Security number.

      (4) This section does not apply if the department previously verified the Social Security number as required by subsection (3) of this section and the person applying for the driver license, driver permit or identification card is a citizen or permanent legal resident of the United States. [2008 c.1 §2; 2011 c.282 §1]

 

      807.022 Verification of identity source documents. Prior to issuing, renewing or replacing a driver license, driver permit or identification card, the Department of Transportation may verify with the issuing agency the validity and completeness of each identity source document presented by the applicant. [2008 c.1 §7]

 

      807.024 Collection of biometric data; establishment of person’s identity; rules; immunity. (1) A person who applies for issuance, renewal or replacement of a driver license, driver permit or identification card shall submit to collection of biometric data by the Department of Transportation for the purpose of establishing the person’s identity. Submitting to collection of biometric data under this section does not excuse a person from responsibility for complying with requirements for proof of identity, age or residence pursuant to ORS 807.050.

      (2) Notwithstanding subsection (1) of this section and ORS 807.040 (1)(c), the department, by rule, may provide for issuance, renewal or replacement of a valid driver license or driver permit without the collection of biometric data.

      (3) For purposes of this section, a person’s identity is established if:

      (a) The department finds that the biometric data collected as required under subsection (1) of this section match the biometric data that are already in the department’s records for that person; or

      (b) The department finds that the biometric data collected as required under subsection (1) of this section do not match biometric data in the department’s records for any other person and the department does not otherwise have reason to believe that the person is not who the person claims to be.

      (4) If a person’s identity is established as described in subsection (3) of this section, the department shall mail the driver license, driver permit or identification card to the address provided by the person when the person applied for the issuance, renewal or replacement of the license, permit or identification card.

      (5) If a person’s identity is not established as described in subsection (3) of this section, the department shall:

      (a) Inform the person who submitted to collection of biometric data that the person’s identity was not established; and

      (b) Provide the person with the opportunity to establish the person’s identity by an alternative method approved by the department by rule.

      (6) If a person’s identity was not established as described in subsection (3) of this section and the department has reason to believe that the crime of identity theft, as described in ORS 165.800, was committed by the person currently submitting to collection of biometric data or by a person who previously submitted to collection of biometric data under the identity of the person currently submitting to collection of biometric data, the department shall notify a law enforcement agency that has jurisdiction over the crime.

      (7) The department by rule shall establish procedures for providing expedited processing of driver licenses, driver permits or identification cards.

      (8) The department and employees of the department are immune from liability for any damages resulting from the issuance, renewal or replacement of a driver license, driver permit or identification card under another person’s identity if the employee who processed the biometric data for a license, permit or identification card established the applicant’s identity as described in subsection (3) of this section. [2005 c.775 §3; 2008 c.1 §14]

 

      807.026 Management of biometric data. (1) The Department of Transportation shall retain biometric data collected by the department in the course of issuing, renewing or replacing driver licenses, driver permits and identification cards.

      (2) The biometric data may not be made available to anyone other than employees of the department acting in an official capacity. [2005 c.775 §4]

 

      807.030 [1985 c.608 §8; 1987 c.744 §1; repealed by 1989 c.636 §54]

 

LICENSES, ENDORSEMENTS, DRIVER CARDS AND PERMITS

 

(Licenses)

 

      807.031 Classes of license. This section describes the type of driving privileges granted by the various licenses issued by this state. Licenses are established by class with the highest class being Class A commercial. Each class of license grants driving privileges for that class and for all lower classes. A license does not grant driving privileges for which an endorsement is required. The following licenses grant the driving privileges described:

      (1) A Class A commercial driver license authorizes a person to operate any vehicle or combination of vehicles except that the person may not operate any vehicle for which an endorsement is required unless the person obtains the endorsement.

      (2) A Class B commercial driver license authorizes a person to operate any single vehicle and to tow a vehicle that is not in excess of 10,000 pounds gross vehicle weight rating. The person may not operate any vehicle for which an endorsement is required unless the person obtains the endorsement.

      (3) A Class C commercial driver license authorizes a person to operate:

      (a) Any vehicle that is designed to transport 16 or more persons, including the driver, if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has the proper endorsement to operate a vehicle described in this paragraph;

      (b) Any vehicle that is used in the transportation of hazardous materials if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has the proper endorsement; and

      (c) Any vehicle that may be operated by the holder of a Class C license.

      (4) A Class C driver license authorizes a person to operate any vehicle for which a commercial driver license is not required except that the person may not operate any vehicle for which an endorsement is required unless the person obtains the endorsement.

      (5) A restricted Class C license authorizes a person to operate a moped or to operate under one of the permits described in ORS 807.200 as constituting a restricted Class C license. The person may not operate any vehicle for which an endorsement is required or be granted any endorsements for the license. [1989 c.636 §12; 2003 c.14 §469; 2005 c.649 §3; 2009 c.395 §7; 2011 c.470 §6]

 

      807.032 [1989 c.636 §12a; repealed by 1997 c.83 §1]

 

      807.035 Kinds of endorsements. This section describes the type of driving privileges granted by various endorsements issued by this state. The following endorsements grant the driving privileges described:

      (1) A motorcycle endorsement authorizes a person to operate any motorcycle.

      (2) A hazardous materials endorsement authorizes a person to operate a vehicle transporting hazardous materials.

      (3) A tank vehicle endorsement authorizes a person to operate tank vehicles.

      (4) A passenger endorsement authorizes a person to operate a vehicle that is designed to transport 16 or more persons, including the driver, but that is not a school bus.

      (5) A school bus endorsement authorizes a person to operate a school bus if the person also holds a valid passenger endorsement.

      (6) A double and triple trailer endorsement authorizes a person to operate a commercial motor vehicle with double and triple trailer combinations.

      (7) A combined endorsement authorizes a person to operate a tank vehicle, transport hazardous materials and transport hazardous materials in a tank vehicle.

      (8) A Class A farm endorsement authorizes a person to:

      (a) Operate or tow any vehicle that can be operated by the holder of a Class A commercial driver license if the vehicle is:

      (A) Controlled or operated by a farmer;

      (B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

      (C) Not used in the operation of a common or contract motor carrier; and

      (D) Used within 150 miles of the farmer’s farm.

      (b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

      (c) Operate any vehicle described in paragraph (a) of this subsection that is a tank vehicle or a double trailer combination without holding a tank vehicle endorsement or a double and triple trailer endorsement.

      (9) A Class B farm endorsement authorizes a person to:

      (a) Operate or tow any vehicle that can be operated or towed by the holder of a Class B commercial driver license if the vehicle is:

      (A) Controlled or operated by a farmer;

      (B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

      (C) Not used in the operation of a common or contract motor carrier; and

      (D) Used within 150 miles of the farmer’s farm.

      (b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

      (c) Operate any vehicle described in paragraph (a) of this subsection that is a tank vehicle without holding a tank vehicle endorsement. [1989 c.636 §13; 1991 c.185 §3; 1993 c.288 §1; 2003 c.14 §470; 2005 c.649 §1; 2007 c.122 §8]

 

      Note: The amendments to 807.035 by section 37, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.035. This section describes the type of driving privileges granted by various endorsements issued by this state. Except as provided in ORS 807.285, the following endorsements grant the driving privileges described:

      (1) A motorcycle endorsement authorizes a person to operate any motorcycle.

      (2) A hazardous materials endorsement authorizes a person to operate a vehicle transporting hazardous materials.

      (3) A tank vehicle endorsement authorizes a person to operate tank vehicles.

      (4) A passenger endorsement authorizes a person to operate a vehicle that is designed to transport 16 or more persons, including the driver, but that is not a school bus.

      (5) A school bus endorsement authorizes a person to operate a school bus if the person also holds a valid passenger endorsement.

      (6) A double and triple trailer endorsement authorizes a person to operate a commercial motor vehicle with double and triple trailer combinations.

      (7) A combined endorsement authorizes a person to operate a tank vehicle, transport hazardous materials and transport hazardous materials in a tank vehicle.

      (8) A Class A farm endorsement authorizes a person to:

      (a) Operate or tow any vehicle that can be operated by the holder of a Class A commercial driver license if the vehicle is:

      (A) Controlled or operated by a farmer;

      (B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

      (C) Not used in the operation of a common or contract motor carrier; and

      (D) Used within 150 miles of the farmer’s farm.

      (b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

      (c) Operate any vehicle described in paragraph (a) of this subsection that is a tank vehicle or a double trailer combination without holding a tank vehicle endorsement or a double and triple trailer endorsement.

      (9) A Class B farm endorsement authorizes a person to:

      (a) Operate or tow any vehicle that can be operated or towed by the holder of a Class B commercial driver license if the vehicle is:

      (A) Controlled or operated by a farmer;

      (B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

      (C) Not used in the operation of a common or contract motor carrier; and

      (D) Used within 150 miles of the farmer’s farm.

      (b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

      (c) Operate any vehicle described in paragraph (a) of this subsection that is a tank vehicle without holding a tank vehicle endorsement.

 

      Note: Section 2, chapter 326, Oregon Laws 2011, provides:

      Sec. 2. Within 60 days after receiving a report published by the American Association of Motor Vehicle Administrators on issues related to three-wheeled motor vehicles operating on public highways, including but not limited to motorcycle endorsements, the Department of Transportation shall submit the report and a summary of the report to the legislative committees related to transportation during a session of the Legislative Assembly or, if the Legislative Assembly is not in session, to the interim legislative committees related to transportation. [2011 c.326 §2]

 

      807.036 Exceptions to endorsement requirement for tow vehicle operator. Notwithstanding any other provision of law, the operator of a tow vehicle is not required to have an endorsement for towing a disabled vehicle that can be operated only by a person with an endorsement if the towing operation is the first move of the disabled vehicle and is performed as an emergency service or if the move is a subsequent move of an empty vehicle that requires a passenger endorsement or a school bus endorsement for operation. [1989 c.636 §13a; 1991 c.185 §4; 2003 c.14 §471; 2005 c.649 §4]

 

      807.038 School bus endorsement exception. Notwithstanding any other provision of law, a school bus manufacturer, school bus dealer or school bus mechanic is not required to have a school bus endorsement while operating a school bus that is not transporting students. [2007 c.122 §2]

 

      807.040 Requirements for issuance; rules; fees. (1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

      (a) The person must complete an application for a license under ORS 807.050.

      (b) As required by ORS 807.021 and 807.730, the person must provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

      (c) The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024.

      (d) The person must not be ineligible for the license under ORS 807.060 and must be eligible for the license under ORS 807.062.

      (e) The person must successfully pass all examination requirements under ORS 807.070 for the class of license sought.

      (f) The person must pay the appropriate license fee under ORS 807.370 for the class of license sought.

      (g) The person must pay the Student Driver Training Fund eligibility fee.

      (h) If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

      (i) If the application is for a commercial driver license, the person must submit to the department, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements for the particular class of license. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

      (j) If the application is for a commercial driver license, the person must:

      (A) Have at least one year’s driving experience, including relevant experience obtained in the military;

      (B) Not be disqualified from holding a commercial driver license under ORS 809.404; and

      (C) Not be otherwise ineligible to hold a commercial driver license.

      (2) The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses. [1983 c.338 §301; 1985 c.16 §124; 1985 c.182 §2; 1985 c.608 §14a; 1989 c.636 §16; 1991 c.709 §1; 1993 c.751 §34; 2001 c.668 §8; 2005 c.22 §515; 2005 c.649 §15; 2005 c.775 §6; 2008 c.1 §§9,10; 2011 c.282 §2; 2012 c.43 §30]

 

      Note: The amendments to 807.040 by section 38, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.040. (1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

      (a) The person must complete an application for a license under ORS 807.050.

      (b) As required by ORS 807.021 and 807.730, the person must provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

      (c) The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024.

      (d) The person must not be ineligible for the license under ORS 807.060 and must be eligible for the license under ORS 807.062.

      (e) The person must successfully pass all examination requirements under ORS 807.070 for the class of license sought.

      (f) The person must pay the appropriate license fee under ORS 807.370 for the class of license sought.

      (g) The person must pay the Student Driver Training Fund eligibility fee.

      (h) If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

      (i) If the application is for a commercial driver license, the person must submit to the department, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements for the particular class of license. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

      (j) If the application is for a commercial driver license, the person must:

      (A) Have at least one year’s driving experience, including relevant experience obtained in the military;

      (B) Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520;

      (C) Not be otherwise ineligible to hold a commercial driver license;

      (D) Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (3); and

      (E) In addition to meeting the requirement of providing proof of legal presence under ORS 807.021 and this section, the person must submit valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States.

      (2) The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses.

 

      807.045 Issuance of commercial license to person who holds out-of-state commercial license. (1) In order to be authorized to drive a commercial motor vehicle in this state, a person who holds a commercial driver license issued by a jurisdiction other than Oregon must, within 30 days of becoming domiciled in Oregon:

      (a) Apply to the Department of Transportation for an Oregon commercial driver license;

      (b) Certify to the department that the person’s current commercial driver license is not subject to any disqualification, suspension, revocation or cancellation and that the person does not have a commercial driver license from more than one jurisdiction; and

      (c) Surrender any commercial driver license issued to the person by another jurisdiction.

      (2) The department shall issue a commercial driver license to a person who complies with subsection (1) of this section if the department determines that the person is all of the following:

      (a) Eligible for a commercial driver license. In order to determine eligibility under this paragraph, the department may require from the person any additional information that the department determines necessary and may require the person to pass any examinations, tests or demonstrations that the department determines necessary.

      (b) Not disqualified from holding a commercial driver license under ORS 809.404.

      (c) Not otherwise ineligible for a commercial driver license.

      (3) For purposes of this section, a person is domiciled in this state if the person meets the criteria described in ORS 803.355. [1989 c.636 §14; 2005 c.649 §16]

 

      Note: The amendments to 807.045 by section 39, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.045. (1) In order to be authorized to drive a commercial motor vehicle in this state, a person who holds a commercial driver license issued by a jurisdiction other than Oregon must, within 30 days of becoming domiciled in Oregon:

      (a) Apply to the Department of Transportation for an Oregon commercial driver license;

      (b) Certify to the department that the person’s current commercial driver license is not subject to any disqualification, suspension, revocation or cancellation and that the person does not have a commercial driver license from more than one jurisdiction; and

      (c) Surrender any commercial driver license issued to the person by another jurisdiction.

      (2) The department shall issue a commercial driver license to a person who complies with subsection (1) of this section if the department determines that the person is all of the following:

      (a) Eligible for a commercial driver license. In order to determine eligibility under this paragraph, the department may require from the person any additional information that the department determines necessary and may require the person to pass any examinations, tests or demonstrations that the department determines necessary.

      (b) Not subject to a lifetime suspension of commercial driving privileges under ORS 809.520.

      (c) Not otherwise ineligible for a commercial driver license.

      (3) For purposes of this section, a person is domiciled in this state if the person meets the criteria described in ORS 803.355.

 

      807.050 Application. An application for a license shall be in a form approved by the Oregon Department of Transportation. An application must contain all the following:

      (1) The applicant’s full legal name, age, sex, residence address, except as otherwise provided for corrections officers in ORS 802.253, eligible employees in ORS 802.250 or Address Confidentiality Program participants in ORS 192.846, and post-office address other than general delivery. The department may provide by rule for acceptance of something other than an actual residence or post-office address if the department determines that the applicant does not have an actual address. The department shall require proof to verify the address in addition to anything else the department may require of the applicant.

      (2) Whether or not the applicant has ever been issued any driver license or driver permit. If the applicant has been issued any license or driver permit:

      (a) When the license or driver permit was granted;

      (b) What jurisdiction granted the license or driver permit;

      (c) Whether or not the driving privileges under the license or driver permit are currently suspended or revoked; and

      (d) If the driving privileges are revoked or suspended, the date and reason for the suspension or revocation.

      (3) The class of license sought.

      (4) The Social Security number of the applicant or other number or identifying information determined appropriate by the Secretary of the United States Department of Transportation, if the application is for a commercial driver license or if the Oregon Department of Transportation by rule requires the Social Security number on the application.

      (5) Whether or not the applicant wants to make an anatomical gift, as defined in ORS 97.953.

      (6) Any other information the department deems necessary to assist the department in determining whether the applicant is qualified or eligible to be licensed. [1983 c.338 §302; 1985 c.16 §125; 1985 c.563 §5; 1985 c.597 §7; 1985 c.608 §15; 1989 c.636 §17; 1991 c.67 §216; 1991 c.523 §5; 1993 c.751 §35; 2005 c.292 §6; 2007 c.542 §7; 2008 c.1 §11; 2011 c.86 §1]

 

      Note: The amendments to 807.050 by section 40, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.050. An application for a license shall be in a form approved by the Oregon Department of Transportation. An application must contain all the following:

      (1) The applicant’s full legal name, age, sex, residence address, except as otherwise provided for corrections officers in ORS 802.253, eligible employees in ORS 802.250 or Address Confidentiality Program participants in ORS 192.846, and post-office address other than general delivery. The department may provide by rule for acceptance of something other than an actual residence or post-office address if the department determines that the applicant does not have an actual address. The department shall require proof to verify the address in addition to anything else the department may require of the applicant.

      (2) Whether or not the applicant has ever been issued any driver license or driver permit. If the applicant has been issued any license or driver permit:

      (a) When the license or driver permit was granted;

      (b) What jurisdiction granted the license or driver permit;

      (c) Whether or not the driving privileges under the license or driver permit are currently suspended or revoked; and

      (d) If the driving privileges are revoked or suspended, the date and reason for the suspension or revocation.

      (3) The class of license sought.

      (4) The Social Security number of the applicant or other number or identifying information determined appropriate by the Secretary of the United States Department of Transportation, if the application is for a commercial driver license or a commercial learner driver permit or if the Oregon Department of Transportation by rule requires the Social Security number on the application.

      (5) Whether or not the applicant wants to make an anatomical gift, as defined in ORS 97.953.

      (6) Any other information the department deems necessary to assist the department in determining whether the applicant is qualified or eligible to be licensed.

 

      807.060 Eligibility. The Department of Transportation may not grant driving privileges to a person under a license if the person is not eligible under this section. The following are not eligible for a license:

      (1) A person under 16 years of age.

      (2)(a) A person under 18 years of age who is not an emancipated minor unless the application of the person is signed by the person’s mother, father or legal guardian. A person who signs an application under this paragraph may have the driving privileges canceled as provided under ORS 809.320.

      (b) A person under 18 years of age who does not meet the requirements of ORS 807.065.

      (3) Notwithstanding subsection (2) of this section, a person under 18 years of age is not eligible for a commercial driver license.

      (4) A person that the department determines has a problem condition involving alcohol, inhalants or controlled substances as described under ORS 813.040.

      (5) A person the department reasonably believes has a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle upon the highways.

      (6) A person the department reasonably believes is unable to understand highway signs that warn, regulate or direct traffic.

      (7) A person who is required to make future responsibility filings but has not made filings as required.

      (8) A person who cannot be issued a license under the Driver License Compact under ORS 802.540.

      (9) A person who is not subject to the Driver License Compact under ORS 802.540 but whose driving privileges are currently under suspension or revocation in any other state upon grounds which, if committed in this state, would be grounds for the suspension or revocation of the driving privileges of the person.

      (10) A person who has been declared a habitual offender under ORS 809.640. A person declared not eligible to be licensed under this subsection may become eligible by having eligibility restored under ORS 809.640.

      (11) A person whose driving privileges are canceled in this state under ORS 809.310 until the person is eligible under ORS 809.310.

      (12) A person while the person’s driving privileges are revoked in this state.

      (13) A person during a period when the person’s driving privileges are suspended in this state.

      (14) A person who holds a current out-of-state license or driver permit or a valid Oregon license or driver permit. A person who is not eligible under this subsection may become eligible by surrendering the license, driver permit or out-of-state license or driver permit to the department before issuance of the license. Nothing in this subsection authorizes a person to continue to operate a motor vehicle on the basis of an out-of-state license or permit if the person is required by ORS 807.062 to obtain an Oregon license or permit.

      (15) A person who has not complied with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction if an agreement under ORS 802.530 authorizes the department to withhold issuance of a license.

      (16) A person who has not complied with the requirement of ORS 813.022 (1). [1983 c.338 §303; 1985 c.16 §126; 1985 c.396 §7; 1985 c.597 §8; 1985 c.608 §16; 1985 c.669 §8; 1987 c.137 §2; 1989 c.224 §137; 1989 c.636 §18; 1989 c.715 §5; 1991 c.702 §22; 1991 c.802 §1; 1993 c.751 §36; 1999 c.328 §5; 1999 c.619 §5; 2001 c.176 §3; 2005 c.140 §1; 2005 c.143 §1; 2012 c.9 §§4,5; 2013 c.233 §§2,3]

 

      Note: Section 5, chapter 233, Oregon Laws 2013, provides:

      Sec. 5. The amendments to ORS 807.060 and section 2, chapter 9, Oregon Laws 2012 [813.022], by sections 1 to 3 of this 2013 Act and the repeal of sections 3 and 6, chapter 9, Oregon Laws 2012, by section 4 of this 2013 Act apply to convictions occurring before, on or after the effective date of this 2013 Act [May 28, 2013]. [2013 c.233 §5]

 

      807.062 Domicile or residency requirement for driver license. (1) Unless otherwise specifically provided by law, in order to be eligible for a driver license or permit issued by this state a person must be domiciled in or resident of this state.

      (2) Unless otherwise specifically provided by law, a person who is a resident of this state may not operate a motor vehicle in this state unless the person receives a driver license or permit from the Department of Transportation.

      (3) For purposes of this section, “domicile” has the meaning given in ORS 803.355.

      (4) For purposes of this section, a person is a resident of this state if the person engages in any gainful employment in this state or takes any action to indicate the acquiring of residence in this state. Action to acquire residence includes, but is not limited to, doing any of the following:

      (a) Remaining in this state for a consecutive period of six months or more regardless of the domicile of the person.

      (b) Placing children in a public school without payment of nonresident tuition fees.

      (c) Making a declaration to be a resident of this state for the purpose of obtaining, at resident rates, a state license or tuition fees at an educational institution maintained by public funds.

      (5) Notwithstanding subsection (4) of this section, a person who is gainfully employed in this state shall not be considered a resident of the state if the person has taken no other steps to become a resident. This section applies, but is not limited to, a student at an educational institution maintained by public funds who is paying nonresident tuition rates. [1993 c.751 §33]

 

      807.065 Additional eligibility requirements for persons under 18 years of age; provisional driver license. (1) The Department of Transportation may not issue a driver license to a person who is under 18 years of age unless the person:

      (a) Complies with the requirements of ORS 807.040 and 807.066;

      (b) Passes an examination designed to test the person’s knowledge and understanding of safe driving practices, in addition to any examination required under ORS 807.070;

      (c) Has had, for at least six months prior to application for the license, an instruction driver permit issued under ORS 807.280 or the equivalent of an instruction driver permit issued by another state of the United States or by the District of Columbia;

      (d) Certifies to the department that the person has had at least 50 hours of driving experience during which the person was supervised by a person at least 21 years of age who has had a valid driver license for at least three years; and

      (e) Completes a traffic safety education course that meets standards developed by the department under ORS 336.802. In lieu of completion of a traffic safety education course, a person may certify to the department that the person has had at least 50 hours of driving experience during which the person was supervised by a person at least 21 years of age who has had a valid driver license for at least three years, in addition to the 50 hours required by paragraph (d) of this subsection.

      (2) A person under 18 years of age need not comply with the requirements of subsection (1)(c), (d) and (e) of this section if the person has been issued a driver license by another state and surrenders that license in order to get an Oregon license.

      (3) If the person takes but does not pass a test that consists of an actual demonstration of driving ability under ORS 807.070, the department may not allow the person to perform the demonstration again until the person has had an instruction permit issued pursuant to ORS 807.280 for a period of not less than one month.

      (4) A driver license issued pursuant to this section shall be a provisional driver license.

      (5) The department shall prominently identify each driver license issued pursuant to this section as a provisional driver license. [1989 c.715 §2; 1993 c.751 §37; 1999 c.328 §1; 1999 c.789 §5; 2001 c.176 §4; 2003 c.92 §1]

 

      807.066 School requirements for persons under 18 years of age. The Department of Transportation shall not issue driving privileges to a person who is under 18 years of age unless the person:

      (1) Has graduated from high school and provides the department with proof of graduation satisfactory to the department;

      (2) Has received a General Educational Development (GED) certificate from a community college and provides the department with proof of the certificate satisfactory to the department;

      (3) Provides the department with a form provided by the department and signed by the principal, or the designee of the principal, of the secondary school attended by the person that declares that the person is enrolled in a secondary school of this state or any other state;

      (4) Provides the department with a form provided by the department and signed by the authorized representative of the community college attended by the person that declares that the person is making satisfactory progress toward a General Educational Development (GED) certificate;

      (5) Provides the department with a form provided by the department and signed by the authorized representative of the community college attended by the person that declares that the person is making satisfactory progress toward a high school diploma;

      (6) Provides the department with a form provided by the department and signed by the authorized representative of the education service district or school district having jurisdiction over the area of the person’s residence that declares that the person is being taught by a private teacher or parent in compliance with ORS 339.035;

      (7) Provides the department with documentation satisfactory to the department that indicates that the person is exempted from school attendance requirements due to circumstances beyond the control of the person; or

      (8) Provides the department with documentation satisfactory to the department that the person is exempt under ORS 339.030 (2) from the requirement to attend school. [1999 c.789 §2]

 

      807.070 Examinations. The Department of Transportation shall administer an examination to establish qualification for each class of license and endorsement. The examination for each class of license or endorsement must include all of the following as described:

      (1) A test of the applicant’s eyesight. This subsection does not apply to an applicant with a limited vision condition as defined in ORS 807.355.

      (2) A test of the applicant’s knowledge and understanding of the traffic laws of this state, safe driving practices and factors that cause accidents. The following all apply to the test under this subsection:

      (a) The test may not cover any subject that is not presented in the publications of the department intended for the instruction of applicants for licenses and driver permits.

      (b) The test for each class of license and endorsement must include, but is not limited to, a test of knowledge and understanding of traffic laws that relate specifically to the type of driving privileges granted under the specific class of license or endorsement sought.

      (c) The test must include, but is not limited to, the following subjects:

      (A) Rights of pedestrians who are blind.

      (B) The meaning of official traffic signs and signals.

      (C) Proper operating procedure in emergency situations.

      (D) Vehicle safety equipment and its use.

      (E) Practices necessary for safe operation of a vehicle around pedestrians and bicyclists.

      (F) Practices necessary for safe operation of a vehicle around motorcyclists.

      (d) The test must include at least two questions pertaining to the practices necessary for safe operation of a vehicle around motorcyclists.

      (e) The test may include a question regarding fuel efficient driving techniques.

      (f) The department may waive the test under circumstances described in ORS 807.072.

      (3) A test that is an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property. The following apply to this subsection:

      (a) The actual demonstration for each class of license shall be performed in a vehicle that may be operated under the class of license sought, but that may not be operated under lower classes of license.

      (b) An actual demonstration for a passenger endorsement shall be performed in a vehicle that is designed to transport 16 or more persons, including the driver.

      (c) An actual demonstration for a school bus endorsement shall be performed in a school bus.

      (d) The department may waive the demonstration under circumstances described in ORS 807.072.

      (4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license. [1983 c.338 §304; 1985 c.608 §17; 1989 c.636 §19; 1993 c.309 §1; 1997 c.83 §2; 1999 c.1051 §87; 2001 c.410 §1; 2003 c.14 §472; 2003 c.277 §§6,10; 2005 c.649 §§5,6; 2007 c.70 §§326,327; 2007 c.588 §3; 2007 c.677 §§1,2; 2009 c.810 §1]

 

      Note: The amendments to 807.070 by section 41, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.070. The Department of Transportation shall administer an examination to establish qualification for each class of license and endorsement. The examination for each class of license or endorsement must include all of the following as described:

      (1) A test of the applicant’s eyesight. This subsection does not apply to an applicant with a limited vision condition as defined in ORS 807.355.

      (2) A test of the applicant’s knowledge and understanding of the traffic laws of this state, safe driving practices and factors that cause accidents. The following all apply to the test under this subsection:

      (a) The test may not cover any subject that is not presented in the publications of the department intended for the instruction of applicants for licenses and driver permits.

      (b) The test for each class of license and endorsement must include, but is not limited to, a test of knowledge and understanding of traffic laws that relate specifically to the type of driving privileges granted under the specific class of license or endorsement sought.

      (c) The test must include, but is not limited to, the following subjects:

      (A) Rights of pedestrians who are blind.

      (B) The meaning of official traffic signs and signals.

      (C) Proper operating procedure in emergency situations.

      (D) Vehicle safety equipment and its use.

      (E) Practices necessary for safe operation of a vehicle around pedestrians and bicyclists.

      (F) Practices necessary for safe operation of a vehicle around motorcyclists.

      (d) The test must include at least two questions pertaining to the practices necessary for safe operation of a vehicle around motorcyclists.

      (e) The test may include a question regarding fuel efficient driving techniques.

      (f) The department may waive the test under circumstances described in ORS 807.072.

      (3) A test that is an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property. The following apply to this subsection:

      (a) The actual demonstration for each class of license shall be performed in a vehicle that may be operated under the class of license sought, but that may not be operated under lower classes of license.

      (b) An actual demonstration for a passenger endorsement shall be performed in a vehicle that is designed to transport 16 or more persons, including the driver.

      (c) An actual demonstration for a school bus endorsement shall be performed in a school bus.

      (d) An actual demonstration required for a commercial driver license may be performed by a person only if the person has held for at least 14 days a commercial learner driver permit that was issued by the department or by another jurisdiction that authorizes operation of the vehicle used for testing.

      (e) The department may waive the demonstration under circumstances described in ORS 807.072.

      (4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license.

 

      807.072 Waiver of certain examinations, tests and demonstrations; rules. (1) The Department of Transportation, by rule, may waive any examination, test or demonstration required under ORS 807.065 (1)(b) or 807.070 (2) or (3) if the department receives satisfactory proof that the person required to take the examination, test or demonstration has passed an examination, test or demonstration approved by the department that:

      (a) Is given in conjunction with a traffic safety education course certified by the department under ORS 336.802;

      (b) Is given in conjunction with a motorcycle rider education course established under ORS 802.320;

      (c) Is given in conjunction with a course conducted by a commercial driver training school certified by the department under ORS 822.515; or

      (d) Is given in conjunction with an application for a special limited vision condition learner’s permit under ORS 807.359.

      (2) The department, by rule, may waive the actual demonstration required under ORS 807.070 (3) for a person who is applying for a commercial driver license or a Class C license if the person holds a valid out-of-state license or applies for an Oregon license within one year of the expiration of a valid out-of-state license. A demonstration may be waived under this subsection only if the person has applied for the same driving privileges as those granted under the person’s out-of-state license or for privileges granted by a lower class of license.

      (3) The department may waive the actual demonstration required under ORS 807.070 for a person who is applying for a commercial driver license or for an endorsement related to a commercial driver license if the person submits to the department a certificate of competency issued under ORS 807.080 for the class of license or for the endorsement sought or under other circumstances, established by the department by rule, that establish the person’s ability to drive without an actual demonstration.

      (4) The department may issue a Class A farm endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class A commercial driver license and the person’s two-part driving record does not show either a traffic accident within two years of the date of application for the endorsement or a conviction for one of the following traffic crimes within five years of the date of application for the endorsement:

      (a) Reckless driving, as defined in ORS 811.140.

      (b) Driving while under the influence of intoxicants, as defined in ORS 813.010.

      (c) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

      (d) Criminal driving while suspended or revoked, as defined in ORS 811.182.

      (e) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

      (5) The department may issue a Class B farm endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class B commercial driver license and the person’s two-part driving record does not show either a conviction for a traffic crime specified in subsection (4) of this section within five years of the date of application for the endorsement or a traffic accident within two years of the date of application for the endorsement.

      (6) The department by rule may establish other circumstances under which a farm endorsement may be issued without an actual demonstration. The authority granted by this subsection includes, but is not limited to, authority to adopt rules specifying circumstances under which the endorsement may be granted to a person despite the appearance of traffic accidents on the person’s record. [2001 c.410 §3; 2003 c.14 §473; 2003 c.277 §§7,11; 2005 c.649 §§7,8; 2007 c.588 §4]

 

      807.080 Driver competency testing certificates; waiver of demonstration test for persons certified; rules; fees. (1) The Department of Transportation, by rule, shall provide for the following in a manner consistent with this section:

      (a) The issuance of driver competency testing certificates.

      (b) The regulation of persons issued driver competency testing certificates.

      (2) A person issued a driver competency testing certificate under this section may certify, in a manner established by the department, the competency of drivers to safely exercise driving privileges granted only under one or more of the following:

      (a) A Class A commercial driver license.

      (b) A Class B commercial driver license.

      (c) A Class C commercial driver license.

      (d) An endorsement related to a commercial driver license.

      (3) The department may waive an actual demonstration of ability to operate a motor vehicle under ORS 807.070 for an applicant who is certified by the holder of a driver competency testing certificate as competent to exercise the driving privileges in the class of license or in the endorsement sought by the applicant.

      (4) The rules adopted by the department under this section may establish reasonable fees for the issuance of a certificate or as part of any program of regulating certificate holders that is established by the department.

      (5) When adopting rules under this section, the department may:

      (a) Make the certificate renewable upon any basis determined convenient by the department and may include provisions for cancellation, revocation or suspension of certificates or for probation of certificate holders.

      (b) Provide for the issuance of certifications allowing the holder to certify competency in several classes or types of driving privileges or limiting the classes or types of driving privileges for which the holder may certify competency.

      (c) Establish the forms of certificates to be issued.

      (d) Establish and require forms that are to be used by certificate holders in certifying competency.

      (e) Establish any qualifications or requirements for obtaining a certificate that the department determines necessary to protect the interests of persons seeking certification by certificate holders.

      (f) Issue certificates to publicly owned and operated educational facilities to allow programs for certification of competency.

      (g) Issue certificates to employers to allow the employers to establish programs primarily for the certification of employees’ competency. The department may provide that programs established under this paragraph may be operated without driver training school certificates under ORS 822.500 and without driver training instructor certificates under ORS 822.525.

      (h) Establish any other provisions or requirements necessary to carry out the purposes of this section. [1985 c.608 §36; 1989 c.636 §20; 2005 c.649 §9]

 

      807.090 Establishing eligibility notwithstanding mental or physical condition or impairment. (1) If the Department of Transportation determines that a person may be ineligible for a license because the person has a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle, the person may establish eligibility for a license:

      (a) By personally demonstrating to the satisfaction of the department that, notwithstanding the mental or physical condition or impairment, the person is qualified to safely operate a motor vehicle; or

      (b) If the department reasonably believes that, notwithstanding the demonstration under paragraph (a) of this subsection, the person’s mental or physical condition or impairment affects the person’s ability to safely operate a motor vehicle, by receiving a determination of eligibility from the medical determination officer of the department under this section.

      (2) The medical determination officer shall determine that a person is eligible for a license under this section if an applicant establishes to the satisfaction of the officer that the person’s mental or physical condition or impairment does not affect the person’s ability to safely operate a motor vehicle. The medical determination officer shall use the following to determine the person’s eligibility under this subsection:

      (a) A report from the person’s physician, nurse practitioner or physician assistant of the person’s condition or impairment.

      (b) If the person’s condition or impairment apparently involves only visual deficiencies, the department may require a person to submit a report from a licensed optometrist or a licensed physician who specializes in diagnosis and treatment of diseases of the eye.

      (c) The medical determination officer may require an examination and a written report of findings and recommendations from a qualified physician, nurse practitioner or physician assistant identified by the officer in addition to other reports submitted.

      (3) If a person establishes eligibility for a license under this section by receiving a determination of eligibility, the department may require the person to reestablish eligibility at reasonable intervals. The frequency of reestablishing eligibility under this subsection shall be established by the medical determination officer after reviewing any recommendations from the physician, nurse practitioner or physician assistant of the person required to reestablish eligibility.

      (4) The department may employ any qualified physician, nurse practitioner or physician assistant who holds an unrestricted license in the State of Oregon to perform the duties assigned to the medical determination officer by this section.

      (5) As used in this section, “physician” means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathy and is licensed under ORS chapter 677 and a person who holds a degree of Doctor of Naturopathic Medicine and is licensed under ORS chapter 685. [1983 c.338 §305; 1989 c.224 §138; 1993 c.309 §2; 1999 c.770 §1; 2005 c.140 §2; 2007 c.195 §1; 2007 c.434 §2]

 

      807.100 Proof of medical qualification; rules. (1) A vehicle that may be operated only by the holder of a commercial driver license or permit may be operated only when proof of medical qualification, in a form approved by the Department of Transportation, is in the person’s immediate possession. The holder of a commercial driver license or permit who does not have proof of medical qualification as required by this section may exercise driving privileges granted by a Class C license.

      (2) The department may not issue or renew a commercial driver license or permit and may cancel a commercial driver license or permit if the person does not submit to the department, in a form approved by rule, proof of medical qualification to operate a commercial motor vehicle by such a date as required by rule by the department.

      (3) A person is entitled to administrative review under ORS 809.440 when the department does not issue or renew a commercial driver license or permit under this section or cancels a commercial driver license or permit under this section.

      (4) To the extent possible, rules adopted by the department under this section should be uniform with any applicable federal regulations related to commercial driver license medical qualifications. [1985 c.608 §8a; 1989 c.636 §21; 2011 c.470 §2]

 

      Note: The amendments to 807.100 by section 42, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.100. (1) A vehicle that may be operated only by the holder of a commercial driver license or commercial learner driver permit may be operated only when proof of medical qualification, in a form approved by the Department of Transportation, is in the person’s immediate possession. The holder of a commercial driver license or commercial learner driver permit who does not have proof of medical qualification as required by this section may exercise driving privileges granted by a Class C license.

      (2) The department may not issue or renew commercial driving privileges and may cancel commercial driving privileges if the person does not submit to the department, in a form approved by rule, proof of medical qualification to operate a commercial motor vehicle by such a date as required by rule by the department.

      (3) A person is entitled to administrative review under ORS 809.440 when the department does not issue or renew commercial driving privileges under this section or cancels commercial driving privileges under this section.

      (4) To the extent possible, rules adopted by the department under this section should be uniform with any applicable federal regulations related to commercial driver license medical qualifications.

 

      807.110 Contents of license; rules. (1) A license issued by the Department of Transportation shall contain all of the following:

      (a) The distinguishing number assigned to the person issued the license by the department.

      (b) For the purpose of identification, a brief description of the person to whom the license is issued.

      (c) The full legal name of the person to whom the license is issued, except that the department may limit the number of characters displayed on the license.

      (d) The date of birth of the person to whom the license is issued.

      (e) Except as provided for corrections officers in ORS 802.253, eligible employees in ORS 802.250 or Address Confidentiality Program participants in ORS 192.846, the residence address of the person to whom the license is issued.

      (f) Upon request of the person to whom the license is issued, the fact that the person is an anatomical donor.

      (g) Upon request of the person to whom the license is issued and presentation of proof, as determined by the department, the fact that the person is a veteran, as defined in ORS 408.225.

      (h) Upon order of the juvenile court, the fact that the person to whom the license is issued is an emancipated minor.

      (i) Except as otherwise provided in subsection (2) of this section, a photograph described in this paragraph. A photograph required under this paragraph shall:

      (A) Be a full-faced, color photograph of the person to whom the license is issued;

      (B) Be of a size approved by the department; and

      (C) Be taken at the time of application for issuance of the license whether the application is for an original license, replacement of a license under ORS 807.160 or for renewal of a license under ORS 807.150, except that the department, by rule, may allow the applicant to use a photograph already on file with the department.

      (j) The class of license issued and any endorsements granted. If the license is a commercial driver license, the words “commercial driver license” or the letters “CDL” shall appear on the license.

      (k) The signature of the person to whom the license is issued.

      (2) The department may issue a valid license without a photograph to an applicant who objects either on religious grounds or because of the applicant’s facial disfigurement.

      (3) A limited term driver license issued under ORS 807.730 shall indicate:

      (a) That it is a limited term driver license; and

      (b) The date on which the limited term driver license expires.

      (4) The department shall use security procedures, processes and materials in the preparation, manufacture and issuance of any license that prohibit as nearly as possible anyone’s ability to alter, counterfeit, duplicate or modify the license without ready detection. The security features used in the production of the licenses shall provide for:

      (a) The authentication of a genuine document in a reasonable time; and

      (b) The production of the license only by equipment that requires verification of the identity of the operator of the equipment before a license may be produced. [1983 c.338 §306; 1985 c.16 §127; 1985 c.563 §6; 1985 c.608 §18; 1989 c.636 §22; 1991 c.67 §217; 1991 c.523 §6; 1993 c.751 §39; 2003 c.14 §474; 2005 c.292 §7; 2005 c.775 §7; 2007 c.542 §§5,6; 2008 c.1 §§12,13; 2010 c.61 §1]

 

      807.115 Duplicate images of photographs. The Department of Transportation shall retain a duplicate image of each photograph used on a driver license under the provisions of ORS 807.110 or an identification card under ORS 807.400. The duplicates may not be made available to anyone other than law enforcement officials and employees of the department acting in an official capacity. [1989 c.902 §2]

 

      807.120 Restrictions generally. (1) The Department of Transportation may place restrictions on driving privileges granted a person if the department determines that there is good cause to restrict the driving privileges of the person in order to insure the safe operation of a motor vehicle by the person.

      (2) Restrictions placed on a license by the department under this section shall be suitable to the driving ability of the person whose driving privileges are restricted. The restrictions may include:

      (a) Restrictions on the type of motor vehicle the person may operate;

      (b) Requirements for special mechanical control devices on motor vehicles operated by the person; or

      (c) Any other restrictions the department determines appropriate to insure the safe operation of a motor vehicle by the person.

      (3) The department shall place a restriction on the commercial driver license of a person who performs the skill demonstration required under ORS 807.070 for issuance of a commercial license in a vehicle that is not equipped with air brakes. A restriction imposed under this subsection prohibits the person from operating commercial motor vehicles equipped with air brakes.

      (4) The department may impose restrictions under this section by setting forth the restrictions on the regular license form or by issuing a special form for licenses with restrictions.

      (5) The department shall place restrictions on driving privileges under this section when ordered by a court under ORS 809.210 or 809.270. Any restriction imposed under this subsection shall be made a part of the person’s driving record and shall remain in effect until the court notifies the department in writing that the restrictions are removed.

      (6) The department may impose restrictions under this section on driving privileges that are restored after having been suspended or revoked. The restrictions imposed under this subsection may include any restrictions that have been recommended by a convicting magistrate.

      (7) The use of the term “restrictions” in this section includes any restrictions, conditions or requirements.

      (8) Violation of any restrictions placed on driving privileges under this section is punishable as provided under ORS 807.010. [1983 c.338 §307; 1985 c.16 §128; 1989 c.636 §23]

 

      Note: The amendments to 807.120 by section 43, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.120. (1) The Department of Transportation may place restrictions on any driving privileges granted a person if the department determines that there is good cause to restrict the driving privileges of the person in order to ensure the safe operation of a motor vehicle by the person.

      (2) Restrictions placed on a driver license or driver permit by the department under this section shall be suitable to the driving ability of the person whose driving privileges are restricted. The restrictions may include:

      (a) Restrictions on the type of motor vehicle the person may operate;

      (b) Requirements for special mechanical control devices on motor vehicles operated by the person; or

      (c) Any other restrictions the department determines appropriate to ensure the safe operation of a motor vehicle by the person.

      (3) The department shall place a restriction on the commercial driver license of a person who performs the skill demonstration required under ORS 807.070 for issuance of a commercial driver license in a vehicle that:

      (a) Is not equipped with air brakes. A restriction imposed under this paragraph prohibits the person from operating commercial motor vehicles equipped with service brakes that operate fully or partially by air pressure.

      (b) Is equipped with air over hydraulic brakes. Air over hydraulic brakes includes any braking system operating partially by air pressure and partially by hydraulic pressure. A restriction imposed under this paragraph prohibits the person from operating commercial motor vehicles equipped with service brakes that operate solely by air pressure.

      (c) Is equipped with an automatic transmission. A restriction imposed under this paragraph prohibits the person from operating commercial motor vehicles equipped with manual transmissions.

      (d) Uses any connection other than a fifth wheel hitch between the power unit and a vehicle towed in combination with the power unit. A restriction under this paragraph prohibits the person from operating a commercial motor vehicle in combination with any other vehicle using a fifth wheel hitch between the power unit and first towed unit.

      (4) The department shall place a restriction on the commercial driver license and the commercial learner driver permit of a person who does not pass an air brakes knowledge test administered under ORS 807.070. The restriction shall prohibit the person from operating a commercial motor vehicle with service brakes that operate fully or partially by air pressure.

      (5) The department may impose restrictions under this section by setting forth the restrictions on the regular license form or by issuing a special form for licenses with restrictions.

      (6) The department shall place restrictions on driving privileges under this section when ordered by a court under ORS 809.210 or 809.270. Any restriction imposed under this subsection shall be made a part of the person’s driving record and shall remain in effect until the court notifies the department in writing that the restrictions are removed.

      (7) The department may impose restrictions under this section on driving privileges that are restored after having been suspended or revoked. The restrictions imposed under this subsection may include any restrictions that have been recommended by a convicting magistrate.

      (8) The use of the term “restrictions” in this section includes any restrictions, conditions or requirements.

      (9) Violation of any restrictions placed on driving privileges under this section is punishable as provided under ORS 807.010.

 

      807.122 Restrictions on operation with provisional driver license. (1) The Department of Transportation shall place the following restrictions on a provisional driver license issued under ORS 807.065:

      (a) Except as provided in subsections (2) to (4) of this section, for the first six months after issuance of the license, the holder of the license may not operate a motor vehicle that is carrying a passenger under 20 years of age who is not a member of the holder’s immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under 20 years of age and who are not members of the holder’s immediate family.

      (b) For the first year after issuance of the license, the holder of the license may not operate a motor vehicle between the hours of 12 midnight and 5 a.m. except when:

      (A) The holder is driving between the holder’s home and place of employment;

      (B) The holder is driving between the holder’s home and a school event for which no other transportation is available;

      (C) The holder is driving for employment purposes; or

      (D) The holder is accompanied by a licensed driver who is at least 25 years of age.

      (2) Subsection (1)(a) of this section does not apply to the holder of a provisional driver license who:

      (a) Is employed by a farmer, rancher or orchardist;

      (b) Is operating, solely for employment purposes, a motor vehicle that is owned by the employer and for which financial responsibility requirements of ORS 806.060 have been met;

      (c) Is transporting passengers who are employed by the same employer as the driver and who are being transported solely for employment purposes;

      (d) Is not transporting more passengers than the number of available seat belts; and

      (e) Has in the vehicle a written statement signed by the employer certifying that the driver is employed by the employer and that there is no other option for transporting the employees.

      (3) Subsection (1)(a) of this section does not apply to the holder of a provisional driver license who is 16 or 17 years of age and who is operating a motor vehicle with:

      (a) An instructor in the vehicle as part of a certified traffic safety education course; or

      (b) A person in the vehicle who has valid driving privileges and who is the parent or stepparent of the holder of the license.

      (4) Subsection (1) of this section does not apply to the holder of a provisional driver license who is 18 years of age or older. [1999 c.328 §3; 2001 c.410 §6; 2001 c.608 §1; 2003 c.14 §475; 2003 c.767 §1; 2013 c.68 §1]

 

      Note: Section 2, chapter 68, Oregon Laws 2013, provides:

      Sec. 2. The amendments to ORS 807.122 by section 1 of this 2013 Act apply to provisional driver licenses issued before, on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.68 §2]

 

      807.130 Expiration. (1) A license that is issued as an original license and not as a license that is renewed expires on the anniversary of the licensee’s birthday in the eighth calendar year after the year of issuance.

      (2) A license that is renewed under ORS 807.150 expires eight years from the specified expiration date of the immediately preceding license.

      (3) Notwithstanding subsections (1) and (2) of this section, a license that is issued to a person who is not a citizen or permanent legal resident of the United States expires on the date the licensee is no longer authorized to stay in the United States, as indicated by the documentation the person presented to the Department of Transportation to provide proof of legal presence in the United States as required by ORS 807.021 and 807.730, but no longer than eight years from the date of issuance or, if there is no definite end to the authorized stay, after a period of one year.

      (4) Subsection (3) of this section does not apply to a person who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of legal presence in the United States as defined by the department by rule.

      (5) A license that has expired does not grant driving privileges and is not valid evidence of driving privileges. [1983 c.338 §308; 1985 c.16 §129; 1999 c.91 §1; 2008 c.1 §15; 2013 c.238 §1]

 

      Note: The amendments to 807.130 by section 7, chapter 48, Oregon Laws 2013, were referred to the people by referendum petition for their approval or rejection at the regular general election to be held throughout this state on November 4, 2014, or at a special election held on an earlier date as set by the Legislative Assembly by law. 807.130, as amended by section 7, chapter 48, Oregon Laws 2013, and including amendments by section 1, chapter 238, Oregon Laws 2013, is set forth for the user’s convenience.

      807.130. (1) A license that is issued as an original license and not as a license that is renewed expires on the anniversary of the licensee’s birthday in the eighth calendar year after the year of issuance.

      (2) A license that is renewed under ORS 807.150 expires eight years from the specified expiration date of the immediately preceding license.

      (3) Notwithstanding subsections (1) and (2) of this section, a limited term driver license that is issued under ORS 807.730 to a person who is not a citizen or permanent legal resident of the United States expires on the date the licensee is no longer authorized to stay in the United States, as indicated by the documentation the person presented to the Department of Transportation to provide proof of legal presence in the United States as required by ORS 807.021 and 807.730, but no longer than eight years from the date of issuance or, if there is no definite end to the authorized stay, after a period of one year.

      (4) Subsection (3) of this section does not apply to a person who is a citizen of a country with a Compact of Free Association with the United States and who provides proof of legal presence in the United States as defined by the department by rule.

      (5) A license that has expired does not grant driving privileges and is not valid evidence of driving privileges.

 

      807.135 Expiration of license held by Oregon National Guard member or military reservist. (1) Notwithstanding ORS 807.130, a license held by a member of the Oregon National Guard or a military reservist ordered on active duty and deployed to a location outside the United States that expires while the holder is on active duty shall remain valid and grant driving privileges for 90 days following the termination of active duty.

      (2) The court shall dismiss the charge of operating a vehicle without driving privileges under ORS 807.010 if, when charged, a member of the Oregon National Guard or a military reservist held a valid license pursuant to subsection (1) of this section. [2005 c.257 §2; 2009 c.482 §3]

 

      807.140 Notice prior to expiration; exceptions; effect of failure to notify; records. (1) Before the expiration of any license or a license with an endorsement under the vehicle code, the Department of Transportation shall notify the person to whom the license was issued of the approaching expiration. Within a reasonable time prior to the expiration date, the notice shall be mailed to the person to whom the license was issued at the address shown in the files maintained by the department.

      (2) The department is not required to notify the person of an approaching expiration if the person’s license has been suspended, canceled or revoked or if the person has failed to notify the department of a change of address as required under ORS 807.560.

      (3) Notwithstanding subsection (1) of this section, the department is not required to notify the person of an approaching expiration if the person received a limited term driver license, limited term driver permit or limited term identification card under ORS 807.730 for a period of less than one year.

      (4) Failure to receive a notice of expiration from the department is not a defense to a charge of driving with an expired license. However, the court may dismiss the charge if the person renews the license before the scheduled court appearance.

      (5) The department’s responsibility to maintain records concerning notice under this section is as provided under ORS 802.210. [1983 c.338 §309; 1985 c.16 §130; 1985 c.597 §9; 1993 c.751 §41; 2003 c.14 §476; 2009 c.258 §2]

 

      807.150 Renewal. (1) When a license expires or is about to expire, the Department of Transportation shall renew the license under this section if the holder of the license qualifies for renewal of the license under this section and:

      (a) Applies for renewal within one year of the expiration of a similar license under ORS 807.130; or

      (b) Applies for issuance of a license within six months after the applicant is discharged from the Armed Forces of the United States and was licensed by this state at the time of the applicant’s entry into the Armed Forces.

      (2) To qualify for renewal of a license under this section, a person must meet all of the requirements under ORS 807.040 for the class of license sought to be renewed, except that the department may waive the examination under ORS 807.070 of a person applying for renewal of a license unless the department has reason to believe that the applicant is not qualified to hold the license or unless the applicant for renewal has not previously been examined.

      (3) To receive a renewal under this section, the license renewal fee and the Student Driver Training Fund eligibility fee under ORS 807.370 must be paid.

      (4) If a person who applies for a renewal under this section is not qualified to renew the class of license sought to be renewed, the department may issue the person any lower class of license for which the person qualifies in lieu of renewing the person’s license for the class of license held by the person.

      (5) A license that is renewed under this section may be used on or after the date of issuance. If the department issues a license renewal to a person under this section before the expiration of the license being renewed, the older license is invalid. A license that becomes invalid under this subsection shall be destroyed by the person to whom it was issued.

      (6) If the address of the applicant has changed since the last time a license was issued to or renewed for the applicant, the department shall require proof to verify the address of an applicant for renewal of a license in addition to anything else the department may require of the applicant. [1983 c.338 §310; 1985 c.16 §131; 1985 c.597 §10; 1985 c.608 §19; 1991 c.709 §2; 1993 c.751 §42; 2001 c.668 §9]

 

      807.160 Replacement license or permit; rules; fees. (1) The Department of Transportation shall establish by rule the reasons for issuing a replacement driver license or driver permit to a person who submits an application for the replacement. The reasons for replacement shall include, but are not limited to, situations when the person:

      (a) Furnishes proof satisfactory to the department of the loss, destruction or mutilation of the person’s driver license or driver permit.

      (b) Changes residence address from the address noted on the person’s driver license or driver permit.

      (c) Is a corrections officer or an eligible employee who has requested, in accordance with ORS 802.250 or 802.253, that department records show the address of the person’s employer.

      (d) Changes names from the name noted on the person’s driver license or driver permit.

      (e) Is applying or is required to add or remove a restriction on the driver license or driver permit.

      (f) Is applying or is required to add or remove an endorsement other than a motorcycle endorsement on the driver license or driver permit.

      (g) Furnishes proof satisfactory to the department or the department determines that the department made an error when issuing a driver license or driver permit.

      (h) Furnishes proof satisfactory to the department that, for a reason identified by the department by rule, the person needs a replacement driver license or driver permit that bears a different distinguishing number from the license or permit being replaced.

      (i) Furnishes proof satisfactory to the department that the person is a veteran, as defined in ORS 408.225, and the person requests a replacement driver license that includes the fact that the person is a veteran.

      (2) Notwithstanding subsection (1)(b) of this section, in lieu of issuing a replacement driver license or driver permit upon a change in residence address of a person, the department may note the change of residence address on the person’s license or permit in a manner determined by the department.

      (3) A replacement driver license or driver permit issued under this section:

      (a) Shall bear the same distinguishing number as the driver license or driver permit replaced unless the person applying for the replacement furnishes proof as described in subsection (1)(h) of this section.

      (b) Does not alter or extend the driving privileges granted to the person under the old license or permit unless the replacement license or permit was issued for the purpose of changing a restriction or endorsement or for correcting an error involving driving privileges.

      (4) Except for driver permits for which the department does not charge an issuance fee, the department shall charge the fee under ORS 807.370 for a replacement license or driver permit issued under this section. The replacement fee is in addition to any endorsement or test fee that may apply. The department may waive the replacement fee as provided under ORS 807.390.

      (5) The driver license or driver permit replaced under this section is invalid and shall be surrendered to the department.

      (6) The department may not issue a replacement driver license or driver permit under this section if:

      (a) The person making application is not qualified to hold a license or permit at the time of application.

      (b) The driving privileges of the person making application are suspended or revoked and have not been partially or completely reinstated.

      (7) The department need not issue a replacement driver license or driver permit to a person who has not complied with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction if an agreement under ORS 802.530 authorizes the department to withhold issuance of a replacement license or permit. [1983 c.338 §313; 1985 c.16 §133; 1985 c.174 §9; 1985 c.258 §4; 1985 c.396 §8; 1985 c.563 §7; 1985 c.597 §12a; 1985 c.669 §9; 1989 c.535 §1; 1991 c.67 §218; 1991 c.523 §7; 1991 c.702 §23; 1993 c.393 §2; 1993 c.751 §43; 2005 c.59 §1; 2005 c.241 §1a; 2005 c.292 §8a; 2010 c.61 §2]

 

      807.162 [2001 c.789 §2; 2008 c.1 §16; repealed by 2005 c.775 §15]

 

(Endorsements)

 

      807.170 Requirements for issuance; fees; cancellation. (1) The Department of Transportation shall provide for the granting of driver license endorsements in a manner consistent with this section.

      (2) The department shall grant an endorsement to any person who complies with all of the following requirements:

      (a) The person must hold a valid license other than a restricted Class C license issued under the vehicle code.

      (b) The person must successfully complete any tests and demonstrations referred to in ORS 807.070 that the department determines necessary to determine whether the applicant is qualified for the type of endorsement sought. The actual demonstration required under ORS 807.070, if any, must be performed in a vehicle that may be operated under the endorsement sought but that may not be operated without the endorsement. Tests shall include, but are not limited to, those tests necessary to determine whether the applicant:

      (A) Has satisfactory knowledge of laws relating to operation under the type of endorsement sought, defensive driving skills, the common causes of accidents involving vehicles operated under the type of endorsement sought; and

      (B) Can operate under the endorsement in a manner that will not jeopardize the safety of persons or property.

      (c) The appropriate fee under ORS 807.370 for the endorsement, including the fee for the Motorcycle Safety Subaccount, must be paid.

      (d) If the person is applying for a motorcycle endorsement, the person must comply with ORS 807.175.

      (3) An endorsement granted under this section is subject to the following:

      (a) It is part of the license upon which it is endorsed and is subject to any provisions applicable to the endorsed license under the statutes of this state.

      (b) It is valid only if the license endorsed is valid.

      (c) The appropriate fee under ORS 807.370 must be paid upon renewal of the endorsement in addition to any fee for renewal of the license endorsed.

      (d) Except as provided under ORS 807.350 or as specifically provided under ORS 809.419, an endorsement cannot be canceled, suspended or revoked separately from the license endorsed. When an endorsed license is canceled, suspended or revoked, all endorsements on the license are subject to the same cancellation, suspension or revocation as the license.

      (4) Before the department may renew any license with a motorcycle endorsement, the applicant shall pay the department the Motorcycle Safety Subaccount fee established under ORS 807.370 in addition to any fee for renewal of the license. [1983 c.338 §312; 1985 c.16 §132; 1985 c.608 §20; 1989 c.427 §4; 1989 c.636 §24; 1997 c.292 §2; 2003 c.14 §477; 2003 c.402 §17; 2009 c.810 §2]

 

      807.173 Additional requirements for hazardous materials endorsement; rules. (1) Notwithstanding ORS 807.170, the Department of Transportation may not issue or renew a commercial driver license with a hazardous materials endorsement and may cancel a commercial driver license with a hazardous materials endorsement if a person:

      (a) Does not complete and pass a security threat assessment from the federal Transportation Security Administration, including receipt by the department of a notice from the federal Transportation Security Administration showing that the person does not pose a security threat. The department shall establish by rule the process and frequency for obtaining a security threat assessment.

      (b) Is assessed as a security threat by the federal Transportation Security Administration. The assessment must be received by the department in the form of a notice from the federal Transportation Security Administration.

      (c) Is not a U.S. citizen or permanent legal resident as defined by the department by rule.

      (2) A person is entitled to administrative review under ORS 809.440 when the department does not issue or renew a commercial driver license with a hazardous materials endorsement under this section or cancels a commercial driver license with a hazardous materials endorsement under this section.

      (3) To the extent possible, rules promulgated by the department under this section should be uniform with any applicable federal regulations related to the holding of a commercial driver license with a hazardous materials endorsement. [2005 c.649 §33; 2009 c.395 §8]

 

      807.175 Motorcycle education course. (1) The Department of Transportation may not issue a motorcycle endorsement to a person unless the person shows to the satisfaction of the department that the person has successfully completed a motorcycle rider education course established by the department under ORS 802.320. This requirement is in addition to any other requirement for the endorsement.

      (2) Subsection (1) of this section does not apply to a person applying for issuance of a motorcycle endorsement under ORS 807.170 who:

      (a) Currently holds a motorcycle endorsement issued by another state; or

      (b) Is applying for a restricted motorcycle endorsement that only authorizes the person to operate a motorcycle with more than two wheels. [1989 c.427 §2; 1991 c.453 §13; 1993 c.288 §2; 1997 c.292 §3; 2003 c.14 §478; 2009 c.810 §3; 2011 c.326 §1]

 

(Driver Cards)

 

      Note: Chapter 48, Oregon Laws 2013, was referred to the people by referendum petition for their approval or rejection at the regular general election to be held throughout this state on November 4, 2014, or at a special election held on an earlier date as set by the Legislative Assembly by law. Sections 1 to 5, chapter 48, Oregon Laws 2013, provide:

      Sec. 1. Sections 2 to 5 of this 2013 Act are added to and made a part of the Oregon Vehicle Code. [2013 c.48 §1]

      Sec. 2. (1) Except as provided in this section, for the purposes of the Oregon Vehicle Code a driver card is subject to the same statutes and procedures that govern driver licenses and driver permits and shall be issued, renewed or replaced in the same manner as driver licenses or driver permits.

      (2) The Department of Transportation shall issue, renew or replace a driver card without requiring a person to provide proof of legal presence in the United States if the person meets the requirements described in subsection (3) of this section.

      (3) A person is eligible for a driver card under this section if the person:

      (a) Complies with all of the requirements for the type of driving privileges sought to be issued, other than the requirement to provide proof of legal presence in the United States;

      (b) Provides proof of identity and date of birth by submitting:

      (A) An unexpired valid passport from the person’s country of citizenship;

      (B) An unexpired valid consular identification document issued by the consulate of the person’s country of citizenship, if the department determines that the procedure used in issuing the consular identification document is sufficient to prove the person’s identity; or

      (C) Such other valid documentation, as defined by the department by rule;

      (c) Provides proof of residency in this state in excess of one year as of the date of application;

      (d) Provides the Social Security number assigned to the person by the United States Social Security Administration or provides a written statement that the person has not been assigned a Social Security number; and

      (e) Pays the fees required under section 5 of this 2013 Act.

      (4) The department may issue, renew or replace a driver card for an applicant who has submitted a Social Security number only after the department verifies the Social Security number with the United States Social Security Administration.

      (5) A person may prove residency in this state in excess of one year by:

      (a) Providing evidence that the person owns or leases property in Oregon for use as a personal domicile by the person;

      (b) Providing evidence that the person filed a full-year resident or part-year resident Oregon tax return for the most recent tax year; or

      (c) Demonstrating such other factors adopted by the department by rule.

      (6) Notwithstanding ORS 807.130 and 807.150, upon issuance and renewal:

      (a) A driver card issued under this section that is subject to the same requirements and issued in the same manner as a driver license expires on the anniversary of the licensee’s birthday in the fourth calendar year after the date of issuance.

      (b) A driver card issued under this section that is subject to the same requirements and issued in the same manner as a driver permit is valid for the period of time for which a driver permit of the same type is issued by the department, but no longer than a period of four years.

      (7) The department may not issue a commercial driver license to a person who holds a driver card issued under this section.

      (8) The department shall adopt any rules the department considers necessary for the administration of this section. [2013 c.48 §2]

      Sec. 3. A driver card issued, renewed or replaced under section 2 of this 2013 Act must contain:

      (1) The words “driver card” and may not contain the words “driver license” or “driver permit.”

      (2) A feature distinguishing the driver card from a driver license and driver permit. The form of the distinguishing feature shall be determined by the department by rule. [2013 c.48 §3]

      Sec. 4. A driver card issued, renewed or replaced under section 2 of this 2013 Act may be used only:

      (1) To provide evidence of a grant of driving privileges.

      (2) In the same manner as provided for driver licenses in ORS 97.951 to 97.982 for the purpose of identifying the person as an anatomical donor.

      (3) To identify the person as an emancipated minor.

      (4) To identify the person as a veteran.

      (5) To provide a driver license number as required under ORS 18.042, 18.170 and 25.020.

      (6) To provide a driver license number to aid a law enforcement agency in identifying a missing person under ORS 146.181. [2013 c.48 §4]

      Sec. 5. The following are the fees relating to the issuance, replacement and renewal of driver cards:

      (1) Driver card issuance fee for a Class C driver card issued under section 2 of this 2013 Act, $64.

      (2) Fee to take the knowledge test for a Class C driver card issued under section 2 of this 2013 Act, $5.

      (3) Fee to take the skills test for a Class C driver card issued under section 2 of this 2013 Act, $9.

      (4) Driver card issuance fee for a restricted Class C driver card issued under section 2 of this 2013 Act, $64.

      (5) Driver card renewal fee for a Class C driver card issued under section 2 of this 2013 Act, $44.

      (6) Replacement fee for a driver card issued under section 2 of this 2013 Act, $30.

      (7) Student Driver Training Fund eligibility fee for a driver card issued under section 2 of this 2013 Act, $6.

      (8) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

      (9) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

      (10) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges. [2013 c.48 §5]

 

(Permits)

 

      807.200 Types of permit. (1) The following permits may be issued as restricted Class C licenses:

      (a) Disability golf cart driver permits described under ORS 807.210.

      (b) Emergency driver permits described under ORS 807.220.

      (c) Special student driver permits described under ORS 807.230.

      (2) Hardship driver permits described under ORS 807.240 and probationary driver permits described under ORS 807.270 may be issued as Class C licenses. Restrictions on the license are as provided under ORS 807.240 and 807.270.

      (3) Instruction driver permits described under ORS 807.280 may be issued for any class of commercial driver license and for a Class C license. A person must have a Class C license before obtaining a Class A commercial, Class B commercial or Class C commercial instruction driver permit.

      (4) Motorcycle instruction driver permits described under ORS 807.280 may be issued only to persons having a commercial driver license or a Class C license. [1985 c.608 §8b; 1987 c.801 §2; 1989 c.636 §25; 2003 c.160 §1]

 

      Note: The amendments to 807.200 by section 44, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.200. (1) The following permits may be issued as restricted Class C licenses:

      (a) Disability golf cart driver permits described under ORS 807.210.

      (b) Emergency driver permits described under ORS 807.220.

      (c) Special student driver permits described under ORS 807.230.

      (2) Hardship driver permits described under ORS 807.240 and probationary driver permits described under ORS 807.270 may be issued as Class C licenses. Restrictions on the license are as provided under ORS 807.240 and 807.270.

      (3) Instruction driver permits described under ORS 807.280 may be issued for a Class C license.

      (4) Motorcycle instruction driver permits described under ORS 807.280 may be issued only to persons having a commercial driver license or a Class C license.

      (5) Commercial learner driver permits described under ORS 807.285 may be issued for Class A, Class B or Class C commercial driving privileges.

 

      807.210 Disability golf cart permit; fees. The Department of Transportation shall provide for issuance of disability golf cart driver permits in a manner consistent with this section. A disability golf cart driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a disability golf cart driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license. The following apply to a disability golf cart driver permit:

      (1) The department shall issue a disability golf cart driver permit only to persons with ambulatory disabilities.

      (2) The department shall issue a disability golf cart driver permit to an applicant who would not qualify for a license because of the person’s disability if the department determines that the person’s disability does not prevent the person from reasonable and ordinary control of vehicles operated under the permit when operated as allowed under the permit.

      (3) In addition to any other restrictions placed on the permit by the department, the permit only grants driving privileges for the operation of golf carts or substantially similar vehicles on roads or streets in an area with a speed designation not greater than 25 miles per hour.

      (4) The department may require an applicant for the permit to demonstrate that the applicant is qualified to safely exercise the driving privileges granted under a disability golf cart driver permit notwithstanding the disability of the person.

      (5) The fees for issuance or renewal of a disability golf cart driver permit are the disability golf cart driver permit issuance or renewal fees established under ORS 807.370. This subsection only affects the fees payable for issuance and renewal and is not an exemption from payment of other fees payable at the time of issuance and renewal of a license.

      (6) A person with a disability golf cart driver permit who commits the offense of violation of license restrictions under ORS 807.010 by driving on a road or street in an area with a speed designation greater than 25 miles per hour commits a Class D traffic violation. [1983 c.338 §321; 1985 c.16 §139; 1985 c.608 §25; 1989 c.636 §26]

 

      807.220 Emergency driver permit; fees. (1) The Department of Transportation shall provide for the issuance of emergency driver permits in a manner consistent with this section.

      (2) Except as otherwise provided in this section an emergency driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license.

      (3) The following apply to an emergency driver permit:

      (a) The department may issue an emergency driver permit to a person 14 years of age or older.

      (b) The department shall place restrictions on the permit that designate the routes over which the permit is valid. The department shall designate routes it determines necessary from the facts creating the emergency.

      (c) The permit shall only be issued if the department is satisfied that an emergency exists that requires operation of a motor vehicle by the applicant.

      (d) The department may establish a form for the permit that differs from the form required for a license.

      (e) The only fee required for issuance of the permit is the emergency driver permit fee under ORS 807.370.

      (f) The department may establish a period for the expiration of the permit that coincides with the end of the emergency that is the basis for the permit.

      (g) The department shall cancel the permit if the department determines that the holder of the permit has operated a motor vehicle over any highway or for any purpose other than one approved under the permit.

      (h) If an emergency driver permit is canceled, the person issued the permit is ineligible to be issued another emergency driver permit for a period of one year.

      (i) In addition to any other application requirements for the emergency driver permit, the applicant must obtain the endorsement on the application of the sheriff of the county in which the applicant resides.

      (4) The department may issue an emergency driver permit, if the person qualifies for the permit, to a person whose driving privileges are suspended under ORS 809.280 because the department has received an order suspending driving privileges under ORS 809.260. In addition to other emergencies, a situation that leaves the applicant with no alternative means to travel to and from school is an emergency for purposes of a permit issued under this subsection. [1983 c.338 §322; 1985 c.16 §140; 1985 c.174 §10; 1985 c.608 §26; 1987 c.262 §1; 1989 c.636 §27; 2001 c.410 §4; 2003 c.14 §479; 2005 c.59 §5; 2011 c.355 §2]

 

      807.230 Special student driver permit; fees. The Department of Transportation shall provide for issuance of special student driver permits in a manner consistent with this section. A special student driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a special student driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license. The following apply to a special student driver permit:

      (1) The department may issue a special student driver permit to a person 14 years of age or older.

      (2) The department shall place restrictions on the permit to limit operation of a vehicle under the permit to operation necessary as a means of transportation to or from the school, college or other educational institution attended by the person to whom the driver permit is issued.

      (3) The permit shall only be issued if the applicant has no other available means of transportation by which to continue the applicant’s education.

      (4) The permit shall only be issued if the department is satisfied that the applicant has had sufficient experience in the operation of motor vehicles to operate a motor vehicle without endangering the safety of the public.

      (5) The department may establish a form for the permit that differs from the form required for a license that is issued.

      (6) The only fee required for issuance of the permit is the special student driver permit fee under ORS 807.370.

      (7) The department shall cancel the permit if the department determines that the holder of the permit has operated a motor vehicle over any highway or for any purpose other than as approved under the permit.

      (8) If a special student driver permit is canceled, the person issued the permit is ineligible to be issued any license or driver permit until the person is old enough to be eligible for a license.

      (9) In addition to any other application requirements for the special student driver permit, the applicant must:

      (a) Certify that the applicant has no other available means of transportation that would enable the applicant to continue the applicant’s education;

      (b) Specify the road or highway over which the applicant desires to operate motor vehicles;

      (c) Obtain the endorsement of the sheriff of the county in which the applicant resides and of the principal of the school the applicant attends; and

      (d) Provide any other information required by the department. [1983 c.338 §323; 1985 c.174 §11; 1985 c.597 §17a; 1985 c.608 §27; 1989 c.636 §28; 2003 c.14 §480; 2005 c.59 §6]

 

      807.240 Hardship permit; fees; rules. The Department of Transportation shall provide for issuance of hardship driver permits in a manner consistent with this section. A hardship driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a hardship driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license. The following apply to a hardship driver permit:

      (1) The department may only issue a permit to a person whose driving privileges under the vehicle code have been suspended.

      (2) Except as provided in ORS 813.520, the department may reinstate the privilege to operate a motor vehicle of any person whose license to operate a motor vehicle has been suspended by issuing the person a hardship permit described under this section if such person qualifies under this section, ORS 807.250, 807.252 and 813.500. However, the department may not issue a hardship permit authorizing a person to drive a commercial motor vehicle.

      (3) To qualify for a hardship permit, a person must do all of the following in addition to any applicable provisions under ORS 807.250, 807.252 and 813.500:

      (a) The person must submit to the department an application for the permit that demonstrates the person’s need for the permit.

      (b) The person must present satisfactory evidence, as determined by the department by rule:

      (A) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment;

      (B) That the person must operate a motor vehicle to seek employment or to get to or from a place of employment;

      (C) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program;

      (D) That the person or a member of the person’s immediate family requires medical treatment on a regular basis and that the person must operate a motor vehicle in order that the treatment may be obtained; or

      (E) That the person’s driving privileges are suspended for driving uninsured in violation of ORS 806.010 or for violation of ORS 165.805 or 471.430 and are not suspended for any other reason and that the person must operate a motor vehicle in order to provide necessary services to the person or to a member of the person’s family. The department shall determine by rule what constitutes necessary services for purposes of this subparagraph. The rule shall include as necessary services, but need not be limited to, grocery shopping, driving the person or the person’s children to school, driving to medical appointments and caring for elderly family members.

      (c) If the person is applying for a permit because the person or a member of the person’s immediate family requires medical treatment on a regular basis, the person must present, in addition to any evidence required by the department under paragraph (b) of this subsection, a statement signed by a licensed physician or certified nurse practitioner that indicates that the person or a member of the person’s immediate family requires medical treatment on a regular basis.

      (d) The person must show that the person is not incompetent to drive nor a habitual incompetent, reckless or criminally negligent driver as established by the person’s driving record in this or any other jurisdiction.

      (e) The person must make a future responsibility filing.

      (f) The person must submit any other information the department may require for purposes of determining whether the person qualifies under this section, ORS 807.250, 807.252, 813.500 and 813.520.

      (4) If the department finds that the person meets the requirements of this section and any applicable requirements under ORS 807.250, 807.252, 813.500 and 813.520, the department may issue the person a hardship permit, valid for the duration of the suspension or for a shorter period of time established by the department unless sooner suspended or revoked under this section. If the department issues the permit for a period shorter than the suspension period, renewal of the permit shall be on such terms and conditions as the department may require. The permit:

      (a) Shall limit the holder to operation of a motor vehicle only during specified times.

      (b) May bear other reasonable limitations relating to the hardship permit or the operation of a motor vehicle that the department deems proper or necessary. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 or 811.182.

      (5) The department, upon receiving satisfactory evidence of any violation of the limitations of a permit issued under this section or limitations placed on a hardship permit under ORS 807.252 or 813.510, may suspend or revoke the hardship permit.

      (6) The fee charged for application or issuance of a hardship driver permit is the hardship driver permit application fee under ORS 807.370. The department may not refund the fee if the application is denied or if the driver permit is suspended or revoked. The fee upon renewal of the driver permit is the same fee as that charged for renewal of a license. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370.

      (7) The department may issue a permit granting the same driving privileges as those suspended or may issue a permit granting fewer driving privileges, as the department determines necessary to assure safe operation of motor vehicles by the permit holder. [1983 c.338 §327; 1985 c.16 §144; 1985 c.608 §29; 1987 c.730 §11; 1987 c.801 §3; 1989 c.636 §33; 1991 c.860 §4; 1993 c.627 §2; 1993 c.751 §45; 1999 c.796 §4; 2001 c.294 §1; 2003 c.23 §1; 2003 c.160 §2; 2005 c.471 §11]

 

      807.250 Restrictions on issuance of hardship permit. (1) In addition to any requirements under ORS 807.240 and any applicable conditions under ORS 813.500 and 813.520, the Department of Transportation may not issue a hardship permit under ORS 807.240 to a person whose suspension of driving privileges is based upon a conviction of any of the following unless the person submits to the department a recommendation from the judge before whom the person was convicted:

      (a) ORS 811.140.

      (b) ORS 811.540.

      (c) Driving while under the influence of intoxicants. If a person’s driving privileges are suspended for a conviction for driving while under the influence of intoxicants and the person is determined under ORS 813.500 to have a problem condition involving alcohol, inhalants or controlled substances as described in ORS 813.040, the judge must:

      (A) Make the recommendation with reference to the best interest of the public as well as of the defendant and the recommendation must be in writing.

      (B) Recommend times, places, routes and days minimally necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program or to receive necessary medical treatment for the person or a member of the person’s immediate family.

      (2) The department may not issue a hardship permit to a person whose suspension of driving privileges is based on a conviction described in ORS 809.265.

      (3) The department may not issue a hardship permit to a person whose driver license or driver permit is suspended pursuant to ORS 25.750 to 25.783.

      (4) The department may not issue a hardship permit to a person whose driving privileges are suspended pursuant to ORS 809.280 (4) or 809.416 (1) or (2). [1985 c.16 §150; 1987 c.262 §2; 1987 c.801 §4; 1991 c.835 §5; 1995 c.750 §§3,6; 1999 c.619 §6; 2003 c.23 §2; 2003 c.204 §1; 2011 c.355 §27]

 

      807.252 Restrictions on issuance of hardship permit to person convicted of assault in second, third or fourth degree. (1) The Department of Transportation may not issue a hardship permit to a person whose driving privileges are suspended for conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of:

      (a) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle;

      (b) Reckless driving, as defined in ORS 811.140;

      (c) Driving while under the influence of intoxicants, as defined in ORS 813.010;

      (d) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705;

      (e) Criminal driving while suspended or revoked, as defined in ORS 811.182;

      (f) Fleeing or attempting to elude a police officer, as defined in ORS 811.540; or

      (g) Aggravated vehicular homicide, as defined in ORS 163.149, or aggravated driving while suspended or revoked, as defined in ORS 163.196.

      (2) A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of subsection (1) of this section.

      (3) The department may not issue a hardship permit to a person whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:

      (a) For a period of four years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.

      (b) For a period of four years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.

      (c) For a period of two years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.

      (d) For a period of two years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.

      (e) For a period of six months from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.

      (f) For a period of six months from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.

      (4) A hardship permit issued to a person whose driving privileges are suspended because of a conviction for assault in the second, third or fourth degree shall limit the person’s driving privileges:

      (a) To the times, places, routes and days the department determines to be minimally necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program or to obtain required medical treatment for the person or a member of the person’s immediate family; and

      (b) To times, places, routes and days that are specifically stated.

      (5) The person’s driving privileges under the permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit.

      (6) The department may require the person to complete a driver improvement program under ORS 809.480 as a condition of the permit.

      (7) The department shall condition the permit so that the permit will be revoked if the person is convicted of any of the following:

      (a) Reckless driving under ORS 811.140.

      (b) Driving while under the influence of intoxicants under ORS 813.010.

      (c) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

      (d) Fleeing or attempting to elude a police officer under ORS 811.540.

      (e) Driving while suspended or revoked under ORS 811.175 or 811.182.

      (f) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle.

      (g) Aggravated vehicular homicide under ORS 163.149 or aggravated driving while suspended or revoked under ORS 163.196. [1999 c.796 §3; 2001 c.104 §302; 2003 c.14 §481; 2003 c.23 §3; 2007 c.867 §9; 2009 c.783 §8]

 

      807.260 Notice to police about hardship permit holders and limitations on permits. The Department of Transportation may make arrangements with police agencies in communities to provide the police agencies with information concerning the issuance of hardship permits under ORS 807.240 to people within the communities and concerning conditions or limits placed upon such permits. [1985 c.16 §152; 1987 c.801 §5]

 

      807.270 Probationary driver permit; fee; rules. The Department of Transportation shall provide for issuance of probationary driver permits in a manner consistent with this section. A probationary driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a probationary driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license. The following apply to a probationary driver permit:

      (1) The department may issue a probationary driver permit to a person whose driving privileges have been revoked as a habitual offender under ORS 809.640.

      (2) The department may issue a probationary driver permit that is valid for the duration of the revocation period unless the permit is suspended or revoked.

      (3) A probationary driver permit may only be issued to a person while that person’s driving privileges and right to apply for driving privileges are otherwise revoked under ORS 809.640 because the person has been determined to be a habitual offender.

      (4) The department may not issue a probationary driver permit authorizing operation of a commercial motor vehicle.

      (5) The fee charged for application or issuance of a probationary driver permit is the probationary driver permit application fee under ORS 807.370. The department may not refund the fee if the application is denied or if the driver permit is suspended or revoked. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370.

      (6) Before an applicant may be issued a probationary driver permit, the applicant must meet the following qualifications in addition to any other qualifications for the permit:

      (a) The applicant must successfully complete a driver improvement course approved by the department; and

      (b) The applicant must submit a report of a diagnostic examination conducted by a private physician showing to the satisfaction of the department that the applicant is physically and mentally competent to safely operate a motor vehicle.

      (7) A person who is issued a probationary driver permit must continually satisfy the conditions of the permit.

      (8) If a person issued a probationary driver permit is convicted of one offense described in ORS 809.600 (1) or more than one offense described in ORS 809.600 (2) within any 12-month period, the permit shall be revoked and no license or permit may be issued for one year from the date of the revocation.

      (9) The department may establish by rule additional limitations for a probationary driver permit. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 and 811.182.

      (10) Upon receiving satisfactory evidence of any violation of the limitations placed on a probationary driver permit under this section, the department may suspend or revoke the probationary driver permit. [1983 c.338 §326; 1985 c.16 §143; 1985 c.597 §18; 1985 c.608 §28; 1987 c.730 §12; 1999 c.1051 §280; 2001 c.294 §2; 2003 c.160 §3; 2007 c.195 §4]

 

      807.280 Instruction driver permit; fees. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

      (1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class A commercial, Class B commercial, Class C commercial or Class C driver license or as a motorcycle endorsement, but the permit will also be subject to the provisions of this section.

      (2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following:

      (a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

      (b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

      (c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

      (3) The fees required for issuance or renewal of an instruction driver permit are the instruction driver permit fees under ORS 807.370.

      (4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance.

      (5) When a permit expires or is about to expire, the department shall renew the permit if the holder of the permit qualifies for renewal of the permit under this section and applies for renewal:

      (a) Within one year of the expiration of a permit issued under this section; or

      (b) Within six months after the applicant is discharged from the Armed Forces of the United States if the applicant held a permit issued by this state at the time of the applicant’s entry into the Armed Forces.

      (6) To qualify for renewal of a permit, a person must meet all of the requirements for the type of permit sought to be renewed, except that the department may waive the examination unless the department has reason to believe that the applicant is not qualified for the permit.

      (7) A permit that is renewed under this section may be used on or after the date of issuance. If the department issues a permit renewal to a person under this section before the expiration of the permit being renewed, the older permit is invalid. A permit that becomes invalid under this subsection shall be surrendered to the department.

      (8) The holder of the permit may not operate a motor vehicle unless the holder has the permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the permit unless the permit is for motorcycle driving privileges. For a permit granting motorcycle driving privileges, the holder of the permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. If the permit authorizes its holder to operate a commercial motor vehicle, the accompanying person must have a commercial driver license and the proper endorsements for the vehicle being operated by the holder of the permit. The holder of the permit may not operate any motor vehicle transporting hazardous materials.

      (9) The holder of a permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

      (a) The holder may only operate a motorcycle during daylight hours.

      (b) The holder may not carry any passengers on the motorcycle.

      (c) The holder of the permit must wear an approved helmet while operating a motorcycle.

      (10)(a) The department may issue an instruction driver permit to a person with a limited vision condition if a rehabilitation training specialist certifies to the department that the person has successfully completed a rehabilitation training program.

      (b) As used in this subsection, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation training program” have the meanings given those terms in ORS 807.355.

      (11) In addition to any other requirements under this section, the holder of a permit issued under subsection (10) of this section may operate a motor vehicle only when using a bioptic telescopic lens. [1983 c.338 §316; 1985 c.16 §135; 1985 c.608 §23; 1989 c.397 §1; 1989 c.636 §29; 1991 c.67 §219; 2001 c.410 §5; 2003 c.14 §482; 2003 c.277 §§8,12; 2005 c.59 §§7,8; 2005 c.649 §§35,36; 2007 c.121 §§1,2; 2007 c.588 §5]

 

      Note: The amendments to 807.280 by section 45, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.280. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

      (1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class C driver license or as a motorcycle endorsement, but the instruction driver permit will also be subject to the provisions of this section.

      (2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following:

      (a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

      (b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

      (c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

      (3) The fees required for issuance or renewal of an instruction driver permit are the instruction driver permit fees under ORS 807.370.

      (4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance.

      (5) When an instruction driver permit expires or is about to expire, the department shall renew the instruction driver permit if the holder of the instruction driver permit qualifies for renewal of the instruction driver permit under this section and applies for renewal:

      (a) Within one year of the expiration of an instruction driver permit issued under this section; or

      (b) Within six months after the applicant is discharged from the Armed Forces of the United States if the applicant held an instruction driver permit issued by this state at the time of the applicant’s entry into the Armed Forces.

      (6) To qualify for renewal of an instruction driver permit, a person must meet all of the requirements for the type of instruction driver permit sought to be renewed, except that the department may waive the examination unless the department has reason to believe that the applicant is not qualified for the instruction driver permit.

      (7) An instruction driver permit that is renewed under this section may be used on or after the date of issuance. If the department issues an instruction driver permit renewal to a person under this section before the expiration of the instruction driver permit being renewed, the older permit is invalid. An instruction driver permit that becomes invalid under this subsection shall be surrendered to the department.

      (8) The holder of the instruction driver permit may not operate a motor vehicle unless the holder has the instruction driver permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the instruction driver permit unless the instruction driver permit is for motorcycle driving privileges. For an instruction driver permit granting motorcycle driving privileges, the holder of the instruction driver permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle.

      (9) The holder of an instruction driver permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

      (a) The holder may operate a motorcycle only during daylight hours.

      (b) The holder may not carry any passengers on the motorcycle.

      (c) The holder of the instruction driver permit must wear an approved helmet while operating a motorcycle.

      (10)(a) The department may issue an instruction driver permit to a person with a limited vision condition if a rehabilitation training specialist certifies to the department that the person has successfully completed a rehabilitation training program.

      (b) As used in this subsection, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation training program” have the meanings given those terms in ORS 807.355.

      (11) In addition to any other requirements under this section, the holder of an instruction driver permit issued under subsection (10) of this section may operate a motor vehicle only when using a bioptic telescopic lens.

 

      807.285 Commercial learner driver permit; fees. (1) The Department of Transportation shall issue commercial learner driver permits in the manner provided by this section. Except as provided in this section, a person who is issued a commercial learner driver permit may exercise the same driving privileges as those under the class of commercial driver license or endorsement for which the permit is issued. Except as provided in this section, a commercial learner driver permit is subject to the provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges.

      (2) The department may issue commercial learner driver permits under this section that grant the driving privileges of a Class A commercial, Class B commercial, or Class C commercial driver license, subject to the requirements and restrictions of subsections (6) and (7) of this section.

      (3) An applicant for a commercial learner driver permit must be 18 years of age or older.

      (4) In addition to meeting the requirement of providing proof of legal presence under ORS 807.021 and 807.040, an applicant for a commercial learner driver permit must submit valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States.

      (5) A commercial learner driver permit is valid for a period of one year from the date of issuance and is not renewable.

      (6) The holder of the commercial learner driver permit may not operate a commercial motor vehicle unless the holder has the permit in the holder’s immediate possession and is accompanied by a person who is at least 21 years of age and who holds a class of commercial driver license and endorsements that grant the driving privileges required to operate the vehicle. The accompanying person must have the permit holder under observation and direct supervision and must be occupying a seat beside the holder of the permit or, in the case of a commercial passenger vehicle, directly behind or in the first row behind the driver.

      (7) The holder of a commercial learner permit may not operate:

      (a) Any vehicle transporting hazardous materials.

      (b) A tank vehicle, unless the tank is empty.

      (c) A commercial passenger vehicle while transporting passengers, unless the passengers are federal or state auditors or inspectors, test examiners or other trainees and there is a commercial driver license holder accompanying the permit holder as required by subsection (6) of this section.

      (d) A school bus while transporting passengers, unless the other passengers are federal or state auditors or inspectors, test examiners or other trainees and there is a commercial driver license holder accompanying the permit holder as required by subsection (6) of this section.

      (e) A commercial motor vehicle combination consisting of more than one towed vehicle.

      (8) A commercial learner driver permit must contain all of the applicable information described in ORS 807.110 (1) and a prominent statement that the permit is a commercial learner permit or CLP.

      (9) An applicant for a commercial learner driver permit must pay the commercial learner driver permit fee established under ORS 807.370. [2013 c.237 §32]

 

      Note: 807.285 becomes operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013.

 

      807.290 Special temporary instruction driver permit; fees. (1) The Department of Transportation shall provide for the issuance of special temporary instruction driver permits in a manner consistent with this section. Except as provided in this section, a special temporary instruction driver permit is subject to the same fees, provisions, conditions, prohibitions and penalties applicable to an instruction driver permit under ORS 807.280.

      (2) The department may issue a special temporary instruction driver permit, without charge, to a person who has filed an application for and paid the fee for a special student driver permit or an emergency driver permit but was unable to qualify for the permit because of lack of experience in the operation of motor vehicles. A permit issued under this section shall be valid for only 60 days. [1983 c.338 §317]

 

      807.300 [1985 c.608 §29b; 1987 c.744 §7; repealed by 1989 c.636 §54]

 

      807.310 Applicant temporary permit; rules. (1) The Department of Transportation shall provide for the issuance of applicant temporary driver permits in a manner consistent with this section.

      (2) The department may issue an applicant temporary driver permit to an applicant for a driver license or for a driver permit while the department is determining all facts relative to application for the driver license or driver permit. The department shall set forth on the applicant temporary driver permit the driving privileges granted under the permit.

      (3) The holder of an applicant temporary driver permit must have the temporary driver permit on the holder’s person while operating a motor vehicle. The holder of an applicant temporary driver permit must operate within the driving privileges granted under the temporary driver permit.

      (4) An applicant temporary driver permit is valid for a period of 30 days from the date issued. The department may extend the term of the permit for sufficient cause. An extension of the term of the permit may not exceed an additional 30 days.

      (5) If an applicant has complied with all the requirements for an application for a driver license or driver permit, except that the applicant is unable to produce the documentation required by the department under ORS 807.021 and 807.730, the department, at the time of application, may issue to the applicant an applicant temporary driver permit as provided in this section if the applicant certifies that the applicant is, to the best of the applicant’s knowledge, legally present in the United States.

      (6) An applicant temporary driver permit issued to an applicant under subsection (5) of this section is valid for a period of 90 days from the date issued. The department may extend the term of the permit up to two times for sufficient cause. Each extension of the term of the permit may not exceed 90 days.

      (7) Notwithstanding subsection (6) of this section, the department may, in the manner provided by rule, further extend the term of the applicant temporary driver permit for an applicant who needs additional time to obtain the documentation required under ORS 807.021 and 807.730.

      (8) An applicant temporary driver permit automatically becomes invalid if the applicant’s license or permit is issued or refused for good cause.

      (9) The department may not charge a fee for issuance of an applicant temporary driver permit under this section. [1983 c.338 §315; 1985 c.16 §134; 1985 c.597 §13; 1985 c.608 §22; 2008 c.1 §27; 2011 c.9 §98; 2011 c.282 §3]

 

      Note: The amendments to 807.310 by section 6, chapter 48, Oregon Laws 2013, were referred to the people by referendum petition for their approval or rejection at the regular general election to be held throughout this state on November 4, 2014, or at a special election held on an earlier date as set by the Legislative Assembly by law. 807.310, as amended by section 6, chapter 48, Oregon Laws 2013, is set forth for the user’s convenience.

      807.310. (1) The Department of Transportation shall provide for the issuance of applicant temporary driver permits in a manner consistent with this section.

      (2) The department may issue an applicant temporary driver permit to an applicant for a driver license or for a driver permit while the department is determining all facts relative to application for the driver license or driver permit. The department shall set forth on the applicant temporary driver permit the driving privileges granted under the permit.

      (3) The holder of an applicant temporary driver permit must have the temporary driver permit on the holder’s person while operating a motor vehicle. The holder of an applicant temporary driver permit must operate within the driving privileges granted under the temporary driver permit.

      (4) Except as provided in subsection (5) of this section, an applicant temporary driver permit is valid for a period of 30 days from the date issued. The department may extend the term of the permit for sufficient cause. An extension of the term of the permit may not exceed an additional 30 days.

      (5) An applicant temporary driver permit is valid for a period of 90 days from the date issued if an applicant:

      (a) Has complied with all the requirements for an application for a driver license or driver permit, except that the applicant is unable to produce the documentation required by the department under ORS 807.021 and 807.730; and

      (b) Certifies that the applicant is, to the best of the applicant’s knowledge, legally present in the United States.

      (6) The department may extend the term of an applicant temporary driver permit under subsection (5) of this section up to two times for sufficient cause. Each extension of the term of the permit may not exceed 90 days.

      (7) Notwithstanding subsection (6) of this section, the department may, in the manner provided by rule, further extend the term of the applicant temporary driver permit under subsection (5) of this section for an applicant who needs additional time to obtain the documentation required under ORS 807.021 and 807.730.

      (8) An applicant temporary driver permit automatically becomes invalid if the applicant’s license or permit is issued or refused for good cause.

      (9) The department may not charge a fee for issuance of an applicant temporary driver permit under this section.

 

      807.320 Court issued temporary driver permit. (1) Courts shall provide for issuance of court issued temporary driver permits in a manner consistent with this section. A court issued temporary driver permit grants only those driving privileges specifically granted under the permit.

      (2) If a court takes immediate possession of a license or driver permit under ORS 809.275 upon suspension or revocation of the driving privileges under the license or driver permit, the court shall issue a court issued temporary driver permit to the person convicted if the court determines issuance of the permit is necessary to give full effect to the requirement that the court take the license or driver permit under ORS 809.275.

      (3) A court issued temporary driver permit:

      (a) Shall be issued in a form specified by the Department of Transportation.

      (b) Is valid until midnight of the day of conviction of the person issued the permit. [1983 c.338 §324; 1993 c.751 §47]

 

      807.330 Court bail driver permit. (1) Courts shall provide for the issuance of court bail driver permits in a manner and to grant driving privileges consistent with this section.

      (2) The court bail driver permit shall act as a receipt for a license that is accepted as security by a court under ORS 810.300 and 810.310.

      (3) The permit confers on the person to whom it is issued the same driving privileges as the license which was accepted as security.

      (4) The Department of Transportation shall prepare a form for the permit and all permits issued pursuant to this section shall conform to the form so prepared.

      (5) Upon issuance of a permit, a court shall promptly notify the department of the fact.

      (6) The driving privileges granted under the permit are valid only until the time fixed for appearance or the expiration of 30 days from the date the permit is issued, whichever first occurs.

      (7) No fee shall be charged for issuance of the permit. [1983 c.338 §325; 1999 c.1051 §280a]

 

(Continuing Eligibility)

 

      807.340 Reestablishment of eligibility; effect of failure to reestablish; waiver of fee. (1) The Department of Transportation may require any person to whom a license, driver permit or endorsement is issued to appear before the department and reestablish the person’s eligibility by taking either an examination under ORS 807.070 or following the procedures in ORS 807.090, as appropriate. The department may act under this section if the department has reason to believe that the person may:

      (a) No longer be qualified to hold a license, driver permit or endorsement; or

      (b) No longer be able to safely operate a motor vehicle.

      (2) If a person does not appear before the department within a reasonable time after receiving notice from the department under this section or is unable to reestablish eligibility to the satisfaction of the department under this section, the department may take action to suspend the person’s driving privileges under ORS 809.419.

      (3) A person who is required to take one or more tests described in ORS 807.070 in order to reestablish eligibility under this section is not required to pay the fee established under ORS 807.370 for the test. [1983 c.338 §314; 1985 c.608 §21; 2003 c.14 §483; 2003 c.402 §18; 2003 c.618 §51]

 

      807.350 Cancellation of privileges; issuance of more limited license or permit. (1) The Department of Transportation, at any time, may cancel the driving privileges or part of the driving privileges granted any person under any class of license or under any endorsement or any driver permit if the department determines that the person no longer meets the qualifications or requirements for the license, endorsement or permit.

      (2)(a) The department may immediately cancel the driving privileges granted any person under any class of license or under any endorsement or any driver permit if the person is unable to reestablish eligibility under ORS 807.340 and the department determines that:

      (A) The person is no longer able to safely operate a motor vehicle; and

      (B) The person may endanger people or property if the person’s driving privileges are not immediately canceled.

      (b) A cancellation under this subsection is subject to a post-imposition hearing under ORS 809.440.

      (3) Upon cancellation under this section, a person whose driving privileges are canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500.

      (4) If the department cancels driving privileges under this section, the department may provide for the issuance of a license, driver permit or license with endorsement or limitations granting driving privileges for which the person does qualify or meet the requirements. The department may provide for the waiver of all or part of the fees relating to the issuance of a license or driver permit when the department issues a driver permit or license under this subsection, as the department determines equitable.

      (5) A person whose driving privileges are canceled under this section may regain the canceled driving privileges only by reapplying for the privileges and establishing eligibility and qualification for the driving privileges as provided by law. [1985 c.608 §33; 2003 c.14 §484; 2011 c.355 §31]

 

(Persons With Limited Vision)

 

      807.355 Definitions. As used in this section and ORS 807.359, 807.363 and 807.368:

      (1) “Licensed vision specialist” means an ophthalmologist or an optometrist.

      (2) “Limited vision condition” means visual acuity in the better eye with best lens correction that is no better than 20/80 and no worse than 20/200.

      (3) “Rehabilitation training program” means a program designed to train a person with a limited vision condition to use a bioptic telescopic lens while operating a motor vehicle.

      (4) “Rehabilitation training specialist” means a person certified by the Department of Transportation to provide a rehabilitation training program.

      (5) “Special limited vision condition learner’s permit” means a permit issued by the department to a person with a limited vision condition that allows the person to enroll in a rehabilitation training program. [2003 c.277 §2]

 

      807.359 Special limited vision condition learner’s permit. (1) A person with a limited vision condition may apply for a special limited vision condition learner’s permit if the person:

      (a) Is examined by a licensed vision specialist who determines that the person:

      (A) Has no ocular diagnosis or prognosis that may result in deterioration of the person’s corrected vision below a 20/200 level of visual acuity;

      (B) Has a visual field of at least 120 degrees horizontally and 80 degrees vertically; and

      (C) Would be aided by using a bioptic telescopic lens when operating a motor vehicle;

      (b) Is fitted by the licensed vision specialist with a bioptic telescopic lens mounted on the carrier lens;

      (c) Submits to the Department of Transportation a report from the licensed vision specialist certifying that the person meets the requirements of this subsection;

      (d) Submits proof to the department that the person is enrolled in a rehabilitation training program; and

      (e) Takes the test described under ORS 807.070 (2).

      (2) The department shall issue a special limited vision condition learner’s permit to a person who meets the requirements of subsection (1) of this section upon application and payment of the fee under ORS 807.370.

      (3) If the department issues a special limited vision condition learner’s permit to a person under subsection (2) of this section, the department shall send the permit to the rehabilitation training program in which the person is enrolled. [2003 c.277 §3]

 

      807.363 Issuance of driver license to person with limited vision condition. (1) The Department of Transportation shall issue a driver license to a person with a limited vision condition if the person:

      (a) Complies with the requirements of ORS 807.040; and

      (b) Provides a certificate issued by a rehabilitation training specialist certifying that the person has successfully completed a rehabilitation training program.

      (2) A license issued to a person with a limited vision condition who meets the requirements of subsection (1) of this section is restricted to authorize operation of a motor vehicle only:

      (a) During daylight hours; and

      (b) When the person is using a bioptic telescopic lens.

      (3) A person issued a license under this section shall be examined every two years by a licensed vision specialist who certifies to the department that the person meets the vision requirements under ORS 807.359.

      (4) A person must use a bioptic telescopic lens whenever the person is required to take a test that is an actual demonstration of the person’s ability to operate a motor vehicle without endangering the safety of persons or property. [2003 c.277 §4; 2007 c.588 §2; 2013 c.473 §1]

 

      807.368 Form of permit; rehabilitation training specialists; rules. (1) The Department of Transportation shall adopt rules that establish:

      (a) The form of the special limited vision condition learner’s permit issued under ORS 807.359.

      (b) Certification of rehabilitation training specialists, including:

      (A) Qualifications or requirements for obtaining certification as a rehabilitation training specialist.

      (B) The issuance of rehabilitation training specialist certificates.

      (C) The regulation of persons issued rehabilitation training specialist certificates and the rehabilitation training programs offered by those persons.

      (D) Reasonable fees for issuance of a rehabilitation training specialist certificate.

      (E) The forms of certificates to be issued.

      (2) The department shall adopt by rule requirements for a person certified by the department as a rehabilitation training specialist to certify the competency of a person with a limited vision condition to safely exercise driving privileges granted under ORS 807.363. [2003 c.277 §5]

 

      807.369 Driving at night. (1) Notwithstanding ORS 807.363, a person with a limited vision condition may operate a vehicle at night if the person:

      (a) Is issued a driver license under ORS 807.363;

      (b) Provides a certificate issued by a rehabilitation training specialist certifying that the person has successfully completed a rehabilitation training program and is able to safely operate a motor vehicle at night; and

      (c) Is examined every two years by a licensed vision specialist who certifies that the person is able to safely operate a motor vehicle at night.

      (2) As used in this section, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation training program” have the meanings given those terms in ORS 807.355. [2007 c.588 §8]

 

FEES

 

      807.370 License, endorsement and permit fees. The following are the fees relating to the issuance and renewal of licenses, driver permits and endorsements:

      (1) Disability golf cart driver permit fees under ORS 807.210, as follows:

      (a) For issuance, $44.

      (b) For renewal fee under ORS 807.210, $32.

      (2) Emergency driver permit fee under ORS 807.220, $23.50.

      (3) Instruction driver permit fees under ORS 807.280, as follows:

      (a) For issuance, $23.50.

      (b) For renewal, $23.50.

      (4)(a) License issuance fee for a Class C license, $54.

      (b) Fee to take the knowledge test for a Class C license, $5.

      (c) Fee to take the skills test for a Class C license, $9.

      (5) License issuance fee for a restricted Class C license, $54.

      (6) License issuance fee for a commercial driver license, whether or not the license contains endorsements, $75.50.

      (7) Test fees for a commercial driver license or permit:

      (a) To take the knowledge test for a Class A commercial license or permit, $10.

      (b) To take the skills test for a Class A commercial license, $70.

      (c) To take the knowledge test for a Class B commercial license or permit, $10.

      (d) To take the skills test for a Class B commercial license, $70.

      (e) To take the knowledge test for a Class C commercial license or permit, $10.

      (f) To take the skills test for a Class C commercial license, $70.

      (8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $40 in addition to the fee under subsection (6) of this section.

      (9) Notwithstanding subsection (6) of this section, for original issuance of a school bus endorsement to a person who has a commercial driver license with a passenger endorsement:

      (a) $21; or

      (b) $61 if the department accepts a certificate of competency issued under ORS 807.080.

      (10) For a farm endorsement, $26.

      (11) Test fees for the knowledge test for endorsements other than motorcycle and farm endorsements:

      (a) For a hazardous materials endorsement, $10.

      (b) For a tank vehicle endorsement, $10.

      (c) For a passenger endorsement, $10.

      (d) For a double and triple trailer endorsement, $10.

      (e) For a school bus endorsement, $10.

      (12) Fee to take an airbrake knowledge test, $10.

      (13) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

      (14) License renewal fee for a commercial driver license, $55.50.

      (15) License renewal fee for a Class C license, $34.

      (16) License or driver permit replacement fee under ORS 807.160, $26.50.

      (17) Original endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees for the endorsed license.

      (18) Special student driver permit fee under ORS 807.230, $23.50.

      (19) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

      (20) Motorcycle Safety Subaccount fee as follows:

      (a) Upon original issuance of motorcycle endorsements under ORS 807.170, $38.

      (b) Upon renewal of a license with a motorcycle endorsement under ORS 807.170, $28.

      (21) Probationary driver permit application fee under ORS 807.270, $50.

      (22) Hardship driver permit application fee under ORS 807.240, $50.

      (23) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

      (24) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

      (25) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

      (26) Fee for a special limited vision condition learner’s permit under ORS 807.359, $13.

      (27)(a) License issuance fee for a Class C limited term license, $23.

      (b) Fee to take the knowledge test for a Class C limited term license, $5.

      (c) Fee to take the skills test for a Class C limited term license, $9.

      (28) License issuance fee for a restricted Class C limited term license, $23.

      (29) License issuance fee for a limited term commercial driver license, whether or not the license contains endorsements, $45.

      (30) License renewal fee for a limited term commercial driver license, $14.

      (31) License renewal fee for a Class C limited term license, $8.

      (32) Limited term license or limited term driver permit replacement fee under ORS 807.160, $26.50.

      (33) Limited term Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $2. [1983 c.338 §344; 1985 c.16 §161; 1985 c.279 §2; 1985 c.736 §4a; 1985 c.608 §31; 1987 c.790 §3; 1987 c.801 §6; 1989 c.161 §2; 1989 c.427 §5; 1989 c.636 §30; 1989 c.902 §3a; 1991 c.709 §3; 1991 c.835 §6; 1993 c.288 §3; 1997 c.292 §1; 1999 c.91 §2; 1999 c.770 §5; 1999 c.795 §§1,2; 2001 c.294 §4; 2001 c.668 §3; 2003 c.14 §485; 2003 c.277 §§9,13; 2003 c.618 §49; 2005 c.59 §§2,3; 2005 c.649 §§10,11; 2007 c.121 §§3,4; 2007 c.122 §§9,10; 2007 c.588 §6; 2008 c.1 §§17,19; 2009 c.810 §§4,5]

 

      Note: The amendments to 807.370 by section 33, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the user’s convenience.

      807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and endorsements:

      (1) Disability golf cart driver permit fees under ORS 807.210, as follows:

      (a) For issuance, $44.

      (b) For renewal fee under ORS 807.210, $32.

      (2) Emergency driver permit fee under ORS 807.220, $23.50.

      (3) Instruction driver permit fees under ORS 807.280, as follows:

      (a) For issuance, $23.50.

      (b) For renewal, $23.50.

      (4) Commercial learner driver permit issuance fee under ORS 807.285, $23.50.

      (5)(a) License issuance fee for a Class C license, $54.

      (b) Fee to take the knowledge test for a Class C license, $5.

      (c) Fee to take the skills test for a Class C license, $9.

      (6) License issuance fee for a restricted Class C license, $54.

      (7) License issuance fee for a commercial driver license, whether or not the license contains endorsements, $75.50.

      (8) Test fees for a commercial driver license or permit:

      (a) To take the knowledge test for a Class A commercial driver license or permit, $10.

      (b) To take the skills test for a Class A commercial driver license, $70.

      (c) To take the knowledge test for a Class B commercial driver license or permit, $10.

      (d) To take the skills test for a Class B commercial driver license, $70.

      (e) To take the knowledge test for a Class C commercial driver license or permit, $10.

      (f) To take the skills test for a Class C commercial driver license, $70.

      (9) Notwithstanding subsection (7) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $40 in addition to the fee under subsection (7) of this section.

      (10) Notwithstanding subsection (7) of this section, for original issuance of a school bus endorsement to a person who has a commercial driver license with a passenger endorsement:

      (a) $21; or

      (b) $61 if the department accepts a certificate of competency issued under ORS 807.080.

      (11) For a farm endorsement, $26.

      (12) Test fees for the knowledge test for endorsements other than motorcycle and farm endorsements:

      (a) For a hazardous materials endorsement, $10.

      (b) For a tank vehicle endorsement, $10.

      (c) For a passenger endorsement, $10.

      (d) For a double and triple trailer endorsement, $10.

      (e) For a school bus endorsement, $10.

      (13) Fee to take an airbrake knowledge test, $10.

      (14) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

      (15) License renewal fee for a commercial driver license, $55.50.

      (16) License renewal fee for a Class C license, $34.

      (17) License or driver permit replacement fee under ORS 807.160, $26.50.

      (18) Original endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees for the endorsed license.

      (19) Special student driver permit fee under ORS 807.230, $23.50.

      (20) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

      (21) Motorcycle Safety Subaccount fee as follows:

      (a) Upon original issuance of motorcycle endorsements under ORS 807.170, $38.

      (b) Upon renewal of a license with a motorcycle endorsement under ORS 807.170, $28.

      (22) Probationary driver permit application fee under ORS 807.270, $50.

      (23) Hardship driver permit application fee under ORS 807.240, $50.

      (24) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

      (25) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

      (26) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

      (27) Fee for a special limited vision condition learner’s permit under ORS 807.359, $13.

      (28)(a) License issuance fee for a Class C limited term license, $23.

      (b) Fee to take the knowledge test for a Class C limited term license, $5.

      (c) Fee to take the skills test for a Class C limited term license, $9.

      (29) License issuance fee for a restricted Class C limited term license, $23.

      (30) License issuance fee for a limited term commercial driver license, whether or not the license contains endorsements, $45.

      (31) License renewal fee for a limited term commercial driver license, $14.

      (32) License renewal fee for a Class C limited term license, $8.

      (33) Limited term license or limited term driver permit replacement fee under ORS 807.160, $26.50.

      (34) Limited term Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $2.

 

      807.375 Additional fee for collection and verification of biometric data. (1) In addition to any fee imposed under ORS 807.370 and 807.410, the Department of Transportation may impose a fee for each driver license, driver permit and identification card that is issued, renewed or replaced, for the purpose of covering the costs of purchasing equipment and establishing and maintaining a database used for collecting and verifying biometric data.

      (2) A fee imposed under this section may not be more than $3 per driver license, driver permit or identification card. [2005 c.775 §5]

 

      Note: The amendments to 807.375 by section 13, chapter 48, Oregon Laws 2013, were referred to the people by referendum petition for their approval or rejection at the regular general election to be held throughout this state on November 4, 2014, or at a special election held on an earlier date as set by the Legislative Assembly by law. 807.375, as amended by section 13, chapter 48, Oregon Laws 2013, is set forth for the user’s convenience.

      807.375. (1) In addition to any fee imposed under ORS 807.370 and 807.410 or section 5, chapter 48, Oregon Laws 2013, the Department of Transportation may impose a fee for each driver license, driver permit, driver card and identification card that is issued, renewed or replaced, for the purpose of covering the costs of purchasing equipment and establishing and maintaining a database used for collecting and verifying biometric data.

      (2) A fee imposed under this section may not be more than $3 per driver license, driver permit, driver card or identification card.

 

      807.380 [1985 c.16 §157; 1985 c.258 §3; repealed by 1999 c.91 §8]

 

      807.390 Waiver of certain fees; rules. (1) The Department of Transportation, by rule, may provide for a waiver of the fee under ORS 807.160 for issuance of a replacement license or driver permit.

      (2) Rules adopted by the department under this section may provide for waiver of the described fee only when all of the following apply:

      (a) A person requests a change in information contained on a license or driver permit or the department determines such change is necessary.

      (b) The change in information requested under this subsection is generally accomplished under procedures that do not require the issuance of a new license or driver permit.

      (c) The department decides to issue a new license or driver permit:

      (A) For purposes of convenience; or

      (B) Under circumstances in which the department does not generally issue a new license or driver permit. [1985 c.258 §2; 1999 c.91 §7; 2005 c.59 §4]

 

IDENTIFICATION CARDS

 

      807.400 Issuance; application; contents; renewal; fee; validity; replacement; cancellation; rules. (1) The Department of Transportation shall issue an identification card to any person who:

      (a) Is domiciled in or is a resident of this state, as described in ORS 807.062;

      (b) As required by ORS 807.021 and 807.730, provides the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number;

      (c) Does not have a current, valid driver license;

      (d) Furnishes evidence of the person’s full legal name, age and identity as the department may require; and

      (e) Submits to collection of biometric data by the department that establish the identity of the person as provided in ORS 807.024.

      (2) The department shall work with other agencies and organizations to attempt to improve the issuance system for identification cards.

      (3) Every original application for an identification card must be signed by the applicant. The department shall require at least one document to verify the address of an applicant for issuance of an identification card in addition to other documents the department may require of the applicant. If the address of an applicant has changed since the last time an identification card was issued to or renewed for the applicant, the department shall require proof to verify the address of the applicant for renewal of an identification card, in addition to anything else the department may require.

      (4) Every identification card shall be issued upon the standard license form described under ORS 807.110 and shall bear a statement to the effect that the identification card is not a license or any other grant of driving privileges to operate a motor vehicle and is to be used for identification purposes only. The department shall use the same security procedures, processes, materials and features for an identification card as are required for a license under ORS 807.110. The identification card is not required to contain the residence address of persons listed in ORS 807.110 (1)(e).

      (5) If the identification card is a limited term identification card issued under ORS 807.730, the limited term identification card shall indicate:

      (a) That it is a limited term identification card; and

      (b) The date on which the limited term identification card expires.

      (6) Upon order of the juvenile court, the department shall include on the card the fact that the person issued the identification card is an emancipated minor.

      (7) Upon request of the person to whom the identification card is issued and presentation of proof, as determined by the department, that the person is a veteran, as defined in ORS 408.225, the department shall include on the card the fact that the person is a veteran.

      (8) Each original identification card shall expire on a date consistent with the expiration dates of licenses as set forth in ORS 807.130.

      (9) Identification cards shall be renewed under the terms for renewal of licenses as set forth in ORS 807.150.

      (10) The fee for an original identification card or a renewal thereof shall be the fee established under ORS 807.410.

      (11) An identification card becomes invalid if the holder of the card changes the holder’s residence address from that shown on the identification card and does not provide the department with notice of the change as required under ORS 807.420.

      (12) If a person to whom an identification card was issued and who changes the person’s residence address appears in person at a department office that issues identification cards, the department may do any of the following:

      (a) Issue a replacement identification card containing the new address upon receipt of the old identification card and payment of the fee established for issuing a replacement identification card with a changed address under ORS 807.410. Except as otherwise provided in subsection (14) of this section, the replacement identification card shall bear the same distinguishing number as the card being replaced.

      (b) Note the new address on the old identification card in a manner to be determined by the department by rule.

      (13) An identification card becomes invalid if the holder of the card changes the holder’s name from that shown on the card, including a change of name by marriage, without providing the department with notice of the change as required under ORS 807.420. Upon receiving such notice and the old identification card, the department shall issue a replacement identification card upon payment of the fee required under ORS 807.410.

      (14) In the event that, for a reason identified by the department by rule, a person needs a replacement identification card that bears a distinguishing number different from the number on the card being replaced, the person to whom the card was issued may obtain a replacement card from the department upon furnishing proof satisfactory to the department of the need for such replacement and payment of the replacement fee under ORS 807.410.

      (15) If a person furnishes proof that the person is a veteran, as defined in ORS 408.225, and the person’s identification card does not include the fact that the person is a veteran, the department shall issue a replacement identification card that includes the fact that the person is a veteran.

      (16) The department may establish by rule reasons for issuing replacement identification cards that are in addition to the reasons identified in subsections (12) to (15) of this section. The fee for a replacement identification card is provided under ORS 807.410.

      (17) Upon cancellation of an identification card, the card is terminated and must be surrendered to the department. An identification card may be canceled for any of the reasons that driving privileges or a driver license may be canceled under ORS 809.310. The department may reissue an identification card canceled under this subsection when the applicant has satisfied all requirements for the identification card.

      (18) Notwithstanding any other provision of this section, the department may issue an identification card to a person under this subsection without charge when the person surrenders the person’s driver license or driver permit to the department for reasons described in this subsection. If the department issues an identification card under this subsection, the identification card shall expire at the same time as the surrendered driver license or driver permit would have expired. An identification card issued under this subsection is subject to the same requirements and fees for renewal or upon expiration as any other identification card issued under this section. The department may issue identification cards under this subsection for any of the following reasons:

      (a) The person voluntarily surrenders the person’s driver license or driver permit to the department based upon the person’s recognition that the person is no longer competent to drive.

      (b) The person’s driving privileges are suspended under ORS 809.419 (1). This paragraph only applies if the person voluntarily surrenders the person’s driver license or driver permit to the department as provided under ORS 809.500. [1983 c.338 §866; 1985 c.16 §437; 1985 c.174 §13; 1985 c.301 §2; 1989 c.535 §2; 1993 c.393 §2a; 1993 c.741 §82; 1993 c.751 §48; 2001 c.452 §1; 2003 c.402 §19; 2005 c.59 §10; 2005 c.241 §2a; 2005 c.775 §8; 2007 c.542 §§8,9; 2008 c.1 §§21,22; 2010 c.61 §3; 2011 c.282 §4]

 

      807.405 Applicant temporary identification card; rules. (1) The Department of Transportation shall provide for the issuance of applicant temporary identification cards in a manner consistent with this section.

      (2) The department may issue an applicant temporary identification card to an applicant while the department is determining all facts relative to the application for an identification card.

      (3) An applicant temporary identification card is valid for a period of 30 days from the date issued. The department may extend the term of the applicant temporary identification card for sufficient cause. An extension of the term of the applicant temporary identification card may not exceed an additional 30 days.

      (4) If an applicant has complied with all the requirements for an application for an identification card, except that the applicant is unable to produce the documentation required by the department under ORS 807.021 and 807.730, the department, at the time of application, may issue to the applicant an applicant temporary identification card as provided in this section if the applicant certifies that the applicant is, to the best of the applicant’s knowledge, legally present in the United States.

      (5) An applicant temporary identification card issued to an applicant under subsection (4) of this section is valid for a period of 90 days from the date issued. The department may extend the term of the permit up to two times for sufficient cause. Each extension of the term of the permit may not exceed 90 days.

      (6) Notwithstanding subsection (5) of this section, the department may, in the manner provided by rule, further extend the term of the applicant temporary identification card for an applicant who needs additional time to obtain the documentation required under ORS 807.021 and 807.730.

      (7) An applicant temporary identification card automatically becomes invalid if the applicant’s identification card is issued or refused for good cause.

      (8) The department may not charge a fee for issuance of an applicant temporary identification card under this section. [2005 c.775 §10; 2008 c.1 §28; 2011 c.9 §99; 2011 c.282 §5]

 

      807.410 Fees. This section establishes the fees relating to identification cards. The following fees apply to identification cards unless otherwise provided by ORS 807.400 or otherwise provided by law:

      (1) For issuance of an original identification card, $44.50. This subsection does not require a fee for issuance when ORS 807.400 provides for issuance of an identification card without charge of a fee.

      (2) For renewal of an identification card, $40.50.

      (3) For replacement of an identification card, $39.50.

      (4) For reinstatement of an identification card after suspension, $75.

      (5) For issuance of an original limited term identification card, $20.

      (6) For renewal of a limited term identification card, $18.

      (7) For replacement of a limited term identification card, $39.50. [1983 c.338 §867; 1985 c.16 §438; 1985 c.174 §14; 1985 c.301 §3; 1985 c.736 §7; 1987 c.790 §4; 1989 c.902 §4; 1993 c.393 §2b; 1999 c.91 §3; 2001 c.668 §4; 2003 c.601 §3; 2008 c.1 §§23,25; 2009 c.865 §§46,47]

 

      807.420 Failure to notify department on change of name or address; rules; penalty. (1) A person to whom an identification card is issued under ORS 807.400 commits the offense of failure to notify the Department of Transportation on change of identification card holder name or address if the person does not notify the department in a manner authorized by the department by rule upon any change of the person’s:

      (a) Residence address from that noted on the person’s identification card as issued; or

      (b) Name from that noted on the person’s identification card as issued, including a change of name by marriage.

      (2) Notice required under this section:

      (a) Must be given within 30 days of the change.

      (b) Must be given in person for a change of name.

      (3) The department shall note on its records any change reported to the department under this section.

      (4) The offense described in this section, failure to notify department on change of identification card holder name or address, is a Class D traffic violation. [1983 c.338 §868; 1993 c.751 §49; 2003 c.129 §2]

 

      807.430 Misuse of identification card; penalty. (1) A person commits the offense of misuse of an identification card if the person performs any act in relation to an identification card issued under ORS 807.400 that is prohibited in relation to a license under ORS 807.530, 807.580 to 807.600 or 809.500 or fails to perform any act in relation to an identification card issued under ORS 807.400 that is required in relation to a license under ORS 807.530, 807.580 to 807.600 or 809.500.

      (2) The offense described by this section, misuse of identification card, is a Class A misdemeanor. [1983 c.338 §869; 1985 c.393 §67; 1987 c.262 §3]

 

OFFENSES

 

      807.500 Unlawful production of certain documents; affirmative defense; penalty. (1) A person commits the offense of unlawful production of identification cards, licenses, permits, forms or camera cards if the person, without the authority of the Department of Transportation, advertises for the production of, produces in any way or causes to be produced any facsimiles of the identification cards, licenses, permits, forms or camera cards upon which the department issues identification cards, licenses or driver permits under the vehicle code.

      (2) The offense described in this section, unlawful production of identification cards, licenses, permits, forms or camera cards, is a Class C felony.

      (3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

      (a) Was under 21 years of age at the time of committing the offense and the person produced an identification card, license or permit solely for the purpose of enabling the person to purchase alcohol; or

      (b) Was under 18 years of age at the time of committing the offense and the person produced an identification card, license or permit solely for the purpose of enabling the person to purchase tobacco products. [1983 c.338 §330; 1985 c.597 §19; 1993 c.393 §3; 2003 c.633 §1]

 

      807.510 Transfer of documents for purposes of misrepresentation; penalty. (1) A person commits the offense of transfer of documents for the purposes of misrepresentation if the person:

      (a) Manufactures, produces, sells, offers for sale or transfers to another person any document purporting to be a certified copy of a record of a live birth, certificate of baptism, driver license or any other document designated by the Department of Transportation by rule as acceptable for establishing age or identity; and

      (b) Knows or has reason to know that the document may be used to represent a person as another person in obtaining documents issued by a government agency to grant driving privileges or for identification purposes.

      (2) The offense described in this section, transfer of documents for purposes of misrepresentation, is a Class A misdemeanor. [1983 c.338 §331; 1985 c.597 §20; 1993 c.393 §4; 2013 c.366 §84]

 

      807.520 False swearing to receive license; penalty. (1) A person commits the offense of false swearing to receive a driver license if the person makes any false affidavit or knowingly swears or affirms falsely to any matter required to be sworn to or affirmed in the process of applying for, receiving and holding a license or driver permit under the vehicle code.

      (2) The offense described in this section, false swearing to receive a driver license, is a Class A misdemeanor. [1983 c.338 §332]

 

      807.530 False application for license; penalty. (1) A person commits the offense of providing a false application for a license if the person in applying for a license or driver permit or for renewal or replacement thereof under the vehicle code knowingly:

      (a) Uses or gives a false or fictitious name or identity;

      (b) Gives or uses a false or fictitious address;

      (c) Gives or uses a false age;

      (d) Makes a false statement;

      (e) Conceals a material fact;

      (f) Uses or attempts to use false identification documents;

      (g) Allows another person to take any test related to issuance of a license or permit on behalf of the applicant; or

      (h) Otherwise commits fraud in the application.

      (2) The offense described in this section, providing a false application for a license, is a Class A misdemeanor. [1983 c.338 §333; 1985 c.16 §153; 1993 c.393 §5; 1999 c.770 §3; 2005 c.59 §9]

 

      807.540 Failure to surrender prior license; penalty. (1) A person commits the offense of failing to surrender a prior license if the person accepts a license or driver permit issued by the Department of Transportation to that person without first surrendering all out-of-state licenses or driver permits issued to that person.

      (2) The offense described in this section, failure to surrender a prior license, is a Class D traffic violation. [1983 c.338 §334; 1985 c.16 §154; 1985 c.597 §21; 1995 c.383 §9]

 

      807.550 Holding multiple licenses; penalty. (1) A person commits the offense of holding multiple licenses if the person applies for and accepts a license or driver permit, other than an instruction driver permit, when the person holds an existing license or driver permit.

      (2) The offense described in this section, holding multiple licenses, is a Class B traffic violation. [1983 c.338 §335; 1985 c.608 §30]

 

      807.560 Failure to notify department upon change of address or name; rules; penalty. (1) A person to whom a license or driver permit is issued commits the offense of failure to notify upon change of driver address or name if the person does not notify the Department of Transportation in a manner authorized by the department by rule upon any change of the person’s:

      (a) Residence from that noted on the person’s license or driver permit as issued;

      (b) Name from that noted on the person’s license or driver permit as issued, including a change of name by marriage; or

      (c) Place of employment, if the person is a corrections officer, as provided in ORS 802.253, or an eligible employee, as defined in ORS 802.250, whose place of employment address is noted on department records in accordance with ORS 802.250 or 802.253.

      (2) Notice required under this section:

      (a) Must be given within 30 days of change.

      (b) Must be given in person for a change of name.

      (3) Failure to notify upon change of driver address or name is a Class D traffic violation. [1983 c.338 §337; 1985 c.563 §8; 1989 c.695 §2; 1991 c.523 §8; 2003 c.129 §3; 2005 c.292 §9]

 

      807.570 Failure to carry or present license; penalty. (1) A person commits the offense of failure to carry a license or to present a license to a police officer if the person either:

      (a) Drives any motor vehicle upon a highway in this state without a license, driver permit or out-of-state license in the person’s possession; or

      (b) Does not present and deliver such license or permit to a police officer when requested by the police officer under any of the following circumstances:

      (A) Upon being lawfully stopped or detained when driving a vehicle.

      (B) When the vehicle that the person was driving is involved in an accident.

      (2) This section does not apply to any person expressly exempted under ORS 807.020 from the requirement to have a driver license or driver permit.

      (3) Except as provided in ORS 813.110, it is a defense to any charge under this section that the person so charged produce a license, driver permit or out-of-state license that had been issued to the person and was valid at the time of violation of this section.

      (4) A police officer may detain a person arrested or cited for the offense described in this section only for such time as reasonably necessary to investigate and verify the person’s identity.

      (5) The offense described in this section, failure to carry a license or to present a license to a police officer, is a Class C misdemeanor. [1983 c.338 §339; 1985 c.16 §158; 1987 c.217 §6]

 

      807.580 Using invalid license; penalty. (1) A person commits the offense of using an invalid license if the person knowingly displays or permits to be displayed or possesses any license or driver permit that the person knows is fictitious, canceled, revoked, suspended or fraudulently altered.

      (2) The offense described in this section, using an invalid license, is a Class A misdemeanor. [1983 c.338 §340]

 

      807.590 Permitting misuse of license; penalty. (1) A person commits the offense of permitting misuse of a license if the person has been issued a license or driver permit and the person knowingly lends the license or driver permit to another or knowingly permits another person to use the license or driver permit.

      (2) The offense described in this section, permitting misuse of a license, is a Class A misdemeanor. [1983 c.338 §341]

 

      807.600 Using another’s license; penalty. (1) A person commits the offense of using another’s license if the person knowingly displays or represents as the person’s license or driver permit a license or driver permit that has not been issued to the person.

      (2) The offense described in this section, using another’s license, is a Class A misdemeanor. [1983 c.338 §342; 1985 c.16 §159]

 

      807.610 Employing or providing vehicle to unqualified driver; penalty. (1) A person commits the offense of employing or providing a vehicle to an unqualified driver if the person does any of the following:

      (a) Employs another person for the purpose of engaging in a particular type of operation of a vehicle for which the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, endorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

      (b) Rents, leases or otherwise furnishes a motor vehicle owned or controlled by the person to any other person without first seeing the other person’s license, driver permit or license with endorsement allowing the person, under the vehicle code, to operate the particular type of vehicle being furnished.

      (2) The offense described in this section, employing or providing a vehicle to an unqualified driver, is a Class D traffic violation. [1985 c.608 §7; 1995 c.383 §10; 2003 c.14 §486]

 

      807.620 Giving false information to police officer; penalty. (1) A person commits the offense of giving false information to a police officer if the person knowingly uses or gives a false or fictitious name, address or date of birth to any police officer who is enforcing motor vehicle laws.

      (2) The offense described in this section, giving false information to a police officer, is a Class A misdemeanor. [1983 c.338 §343; 1985 c.16 §160; 1985 c.597 §22]

 

      807.630 [1987 c.744 §9; repealed by 1989 c.636 §54]

 

MISCELLANEOUS

 

      807.700 Notification to department as to released persons with mental retardation or mental illness who are licensed operators. (1) It shall be the duty of the superintendent of the hospital for persons with mental retardation or mental illness to notify the Department of Transportation as to released licensed operators who, in the opinion of the superintendent, should not drive because of their mental condition.

      (2) Upon receipt of information submitted under this section, the department is subject to the provisions relating to this section under ORS 809.419. [1985 c.16 §436; 2003 c.402 §20; 2007 c.70 §328]

 

      807.710 Reports of persons with cognitive or functional impairment; rules; forms. (1) For the purposes of this section:

      (a) “Physician” means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathy and is licensed under ORS chapter 677 and a person who holds a degree of Doctor of Naturopathic Medicine and is licensed under ORS chapter 685.

      (b) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care.

      (2) In consultation with medical experts and experts on cognitive or functional impairments, the Department of Transportation shall adopt rules requiring reporting and:

      (a) Designating physicians and health care providers required to report to the department a person whose cognitive or functional impairment affects that person’s ability to safely operate a motor vehicle.

      (b) Designating the cognitive or functional impairments that are likely to affect a person’s ability to safely operate a motor vehicle.

      (3) Determinations regarding a person’s ability to safely operate a motor vehicle may not be based solely on the diagnosis of a medical condition or cognitive or functional impairment, but must be based on the actual effect of that condition or impairment on the person’s ability to safely operate a motor vehicle.

      (4) Reports required by the department under this section shall be upon forms prescribed or provided by the department. Each report shall include the person’s name, address, date of birth, sex and a description of how the person’s current medical status affects the person’s ability to safely operate a motor vehicle. The department shall consider this information in determining the person’s eligibility for a driver license or driver permit.

      (5) A designated physician or health care provider may at any time report to the department a person whose cognitive or functional impairment affects that person’s ability to safely operate a motor vehicle, without regard to whether that report is required by rules of the department adopted under subsection (2) of this section. If the report is made in good faith, the physician or health care provider is immune from civil liability that might otherwise result from making the report. A designated physician or health care provider is immune from civil liability for failure to make a report under this section, without regard to whether that report is required by rules of the department adopted under subsection (2) of this section.

      (6) Except as provided in ORS 802.240, reports made under this section are confidential and shall be used by the department only to determine the qualifications of persons to operate motor vehicles upon the highways. [1983 c.338 §872; 1999 c.770 §2; 2001 c.736 §1; 2003 c.462 §1; 2007 c.195 §2; 2007 c.434 §3; 2013 c.65 §1]

 

      807.720 Filing of death records with department. On or before the 15th day of each month, the Director of the Oregon Health Authority shall forward to the Department of Transportation a copy of the death record of any persons within the jurisdiction of the Director of the Oregon Health Authority who died from a motor vehicle accident during the preceding calendar month. [1983 c.338 §871; 1985 c.16 §440; 2009 c.595 §1139; 2013 c.366 §85]

 

      807.725 Issuance of fictitious driver licenses and identification cards; rules; fees. (1) If requested to do so by a law enforcement agency, the Department of Transportation may issue or renew a fictitious driver license or identification card for a law enforcement official for use in discharging the undercover criminal investigative duties of the law enforcement agency.

      (2) The fees for issuance and renewal of a fictitious driver license or fictitious identification card issued under this section shall be the fees established for issuance and renewal of a driver license under ORS 807.370 and 807.375 or the fees established for issuance and renewal of an identification card under ORS 807.410.

      (3) The department may determine by rule:

      (a) What is considered a law enforcement agency for the purposes of this section; and

      (b) The criteria for making a request under this section.

      (4) The department may maintain a driving record under ORS 802.200 for a fictitious driver license or fictitious identification card issued under this section.

      (5) All information submitted to and maintained by the department regarding the true identity of a law enforcement official under this section is confidential. The department may only disclose information regarding the true identity of a law enforcement official to a law enforcement agency upon request. [2009 c.258 §4]

 

      807.730 Issuance of limited term driver licenses and identification cards. (1) The Department of Transportation may issue or replace a limited term driver license, limited term driver permit or limited term identification card only for a person who provides proof, as determined by the department by rule, that the person is legally present in the United States on a temporary basis.

      (2) A limited term driver license or limited term identification card is valid:

      (a) During the applicant’s authorized stay in the United States, but no longer than eight years from the date of issuance; or

      (b) If there is no definite end to the authorized stay, for a period of one year.

      (3) A limited term driver permit is valid:

      (a) During the applicant’s authorized stay in the United States, but no longer than the period of time for which a driver permit of the same type is issued by the department.

      (b) If there is no definite end to the authorized stay, for a period of one year but no longer than the period of time for which a driver permit of the same type is issued by the department.

      (4) A limited term driver license, limited term driver permit or limited term identification card may be renewed only upon presentation of valid documentation, as determined by the department by rule, that the status by which the applicant qualified for the limited term driver license, limited term driver permit or limited term identification card has been extended or is still in effect.

      (5) A limited term driver license or limited term driver permit grants the same privileges as a driver license or driver permit.

      (6) A limited term identification card shall bear a statement to the effect that the limited term identification card is not a license or any other grant of driving privileges to operate a motor vehicle and is to be used for identification purposes only. [2008 c.1 §4; 2009 c.258 §1]

 

      807.735 Providing assistance to applicants for driver licenses, driver permits and identification cards. (1) Using existing resources, the Department of Transportation shall provide ombudsman services to applicants for a driver license, a driver permit or an identification card. An ombudsman shall assist applicants who are otherwise qualified for issuance, renewal or replacement of a driver license, a driver permit or an identification card but who are unable to produce the documentation required by the department under ORS 807.021 and 807.730.

      (2) The department may not provide ombudsman services to an applicant unless the applicant certifies in writing that the applicant is, to the best of the applicant’s knowledge, legally present in the United States. [2008 c.1 §34]

 

      Note: 807.735 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      807.745 Findings regarding personal information contained in driver licenses, driver permits and identification cards. The Legislative Assembly finds that:

      (1) Oregon recognizes the importance of protecting the confidentiality and privacy of an individual’s personal information contained in driver licenses, driver permits and identification cards.

      (2) Machine-readable features found on driver licenses, driver permits and identification cards are intended to facilitate verification of age or identity, not to facilitate collection of personal information about individuals nor to facilitate the creation of private databases of transactional information associated with those individuals.

      (3) Easy access to the information found on driver licenses, driver permits and identification cards facilitates the crime of identity theft, which is a major concern in Oregon. [2009 c.546 §1]

 

      Note: 807.745 and 807.750 were enacted into law by the Legislative Assembly but were not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      807.750 Restrictions on swiping driver licenses or identification cards. (1) As used in this section:

      (a) “Driver license” means a license or permit issued by this state or any other jurisdiction as evidence of a grant of driving privileges.

      (b) “Identification card” means the card issued under ORS 807.400 or a comparable provision in another state.

      (c) “Personal information” means an individual’s name, address, date of birth, photograph, fingerprint, biometric data, driver license number, identification card number or any other unique personal identifier or number.

      (d) “Private entity” means any nongovernmental entity, such as a corporation, partnership, company or nonprofit organization, any other legal entity or any natural person.

      (e) “Swipe” means the act of passing a driver license or identification card through a device that is capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification card.

      (2) Except as provided in subsection (6) of this section, a private entity may not swipe an individual’s driver license or identification card, except for the following purposes:

      (a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item or requests a refund.

      (b) To verify the individual’s age when providing an age-restricted good or service to any person about whom there is any reasonable doubt of the person’s having reached 21 years of age.

      (c) To prevent fraud or other criminal activity if an individual returns an item or requests a refund and the private entity uses a fraud prevention service company or system.

      (d) To transmit information to a check services company for the purpose of approving negotiable instruments, electronic funds transfers or similar methods of payment.

      (3) A private entity that swipes an individual’s driver license or identification card under subsection (2)(a) or (b) of this section may not store, sell or share personal information collected from swiping the driver license or identification card.

      (4) A private entity that swipes an individual’s driver license or identification card under subsection (2)(c) or (d) of this section may store or share the following information collected from swiping an individual’s driver license or identification card for the purpose of preventing fraud or other criminal activity against the private entity:

      (a) Name;

      (b) Address;

      (c) Date of birth; and

      (d) Driver license number or identification card number.

      (5)(a) A person other than an entity regulated by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who receives personal information from a private entity under subsection (4) of this section may use the personal information received only to prevent fraud or other criminal activity against the private entity that provided the personal information.

      (b) A person who is regulated by the federal Fair Credit Reporting Act and who receives personal information from a private entity under subsection (4) of this section may use or provide the personal information received only to effect, administer or enforce a transaction or prevent fraud or other criminal activity, if the person provides or receives personal information under contract from the private entity.

      (6)(a) Subject to the provisions of this subsection, a private entity that is a commercial radio service provider that provides service nationally and that is subject to the Telephone Records and Privacy Protection Act of 2006 (18 U.S.C. 1039) may swipe an individual’s driver license or identification card if the entity obtains permission from the individual to swipe the individual’s driver license or identification card.

      (b) The private entity may swipe the individual’s driver license or identification card only for the purpose of establishing or maintaining a contract between the private entity and the individual. Information collected by swiping an individual’s driver license or identification card for the establishment or maintenance of a contract shall be limited to the following information from the individual:

      (A) Name;

      (B) Address;

      (C) Date of birth; and

      (D) Driver license number or identification card number.

      (c) If the individual does not want the private entity to swipe the individual’s driver license or identification card, the private entity may manually collect the following information from the individual:

      (A) Name;

      (B) Address;

      (C) Date of birth; and

      (D) Driver license number or identification card number.

      (d) The private entity may not withhold the provision of goods or services solely as a result of the individual requesting the collection of the following information from the individual through manual means:

      (A) Name;

      (B) Address;

      (C) Date of birth; and

      (D) Driver license number or identification card number.

      (7) A governmental entity may swipe an individual’s driver license or identification card only if:

      (a) The individual knowingly makes the driver license or identification card available to the governmental entity;

      (b) The governmental entity lawfully confiscates the driver license or identification card;

      (c) The governmental entity is providing emergency assistance to the individual who is unconscious or otherwise unable to make the driver license or identification card available; or

      (d) A court rule requires swiping of the driver license or identification card to facilitate accurate linking of court records pertaining to the individual.

      (8) In addition to any other remedy provided by law, an individual may bring an action to recover actual damages or $1,000, whichever is greater, and to obtain equitable relief, if equitable relief is available, against an entity that swipes, stores, shares, sells or otherwise uses the individual’s personal information in violation of this section. A court shall award a prevailing plaintiff reasonable costs and attorney fees. If a court finds that a violation of this section was willful or knowing, the court may increase the amount of the award to no more than three times the amount otherwise available.

      (9) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable. [2009 c.546 §2]

 

      Note: See note under 807.745.

 

CHAPTER 808

[Reserved for expansion]

_______________