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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 807 Driving Privileges and Identification Cards
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(1) A person commits the
offense of vehicle operating 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) The offense described in subsection (1) of this section,
vehicle operating without driving privileges, is a Class B traffic
violation.
(5) 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]STATUTORY PRIVILEGESA 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 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 by the person’s
home jurisdiction. 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
home jurisdiction of the person.
(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:
(a) Has a current out-of-state license or driver permit issued by
the Armed Forces; and
(b) Is operating an official 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) A person without a license or driver permit may operate a golf
cart in accordance with an ordinance adopted under ORS 810.070.
(10) 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.
(11) 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.
(12) 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.
(13) A person may operate a bicycle that is not an electric
assisted bicycle without any grant of driving privileges.
(14) 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.
(15) 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.
(16) A person who is not a resident of this state 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 by the person’s home jurisdiction. 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.
(17) 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]ESTABLISHMENT OF IDENTITY(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) 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.
(3) If a person’s identity is established as described in
subsection (2) 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.
(4) If a person’s identity is not established as described in
subsection (2) 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.
(5) If a person’s identity was not established as described in
subsection (2) 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.
(6) The department by rule shall establish procedures for providing
expedited processing of driver licenses, driver permits or identification
cards.
(7) 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 (2) of this section.
[2005 c.775 §3]Note: 807.024 becomes operative July 1, 2008. See section 17,
chapter 775, Oregon Laws 2005. (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]Note: 807.026 becomes operative July 1, 2008. See section 17,
chapter 775, Oregon Laws 2005.LICENSES, ENDORSEMENTS AND PERMITS(Licenses) 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 owned or leased by, or operated under
contract with, a mass transit district or a transportation district when
the vehicle is actually being used to transport passengers for hire,
regardless of the number of passengers, if the gross vehicle weight
rating of the vehicle is less than 26,001 pounds and the person has a
passenger endorsement;
(c) 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
(d) 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] 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 trailer endorsement authorizes a person to operate double and
triple trailers.
(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.
(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. [1989 c.636 §13; 1991 c.185 §3; 1993
c.288 §1; 2003 c.14 §470; 2005 c.649 §1]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] (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) The person must not be ineligible for the license under ORS
807.060 and must be eligible for the license under ORS 807.062.
(c) The person must successfully pass all examination requirements
under ORS 807.070 for the class of license sought.
(d) The appropriate license fee under ORS 807.370 for the class of
license sought must be paid.
(e) The Student Driver Training Fund eligibility fee must be paid.
(f) 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.
(g) 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, to the
satisfaction of the department, 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.
(h) If the application is for a commercial driver license, the
person must:
(A) Have at least one year’s driving experience;
(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]Note: The amendments to 807.040 by section 6, chapter 775, Oregon
Laws 2005, become operative July 1, 2008. See section 17, chapter 775,
Oregon Laws 2005. The text that is operative on and after July 1, 2008,
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) 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.
(c) The person must not be ineligible for the license under ORS
807.060 and must be eligible for the license under ORS 807.062.
(d) The person must successfully pass all examination requirements
under ORS 807.070 for the class of license sought.
(e) The person must pay the appropriate license fee under ORS
807.370 for the class of license sought.
(f) The person must pay the Student Driver Training Fund
eligibility fee.
(g) 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.
(h) 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.
(i) If the application is for a commercial driver license, the
person must:
(A) Have at least one year’s driving experience;
(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.(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] 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 true name, age, sex, residence address, except
as otherwise provided for corrections officers in ORS 802.253 or eligible
employees in ORS 802.250, 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) 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] 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. [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] (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](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 802.345. 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] 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] 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 shall 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
section 2, chapter 277, Oregon Laws 2003.
(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 shall 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 shall
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 under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(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.
(d) 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; 2005 c.649 §5]Note: The amendments to 807.070 by section 10, chapter 277, Oregon
Laws 2003, become operative June 30, 2008. See section 17, chapter 277,
Oregon Laws 2003. The text that is operative on and after June 30, 2008,
including amendments by section 6, chapter 649, Oregon Laws 2005, 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
shall include all of the following as described:
(1) A test of the applicant’s eyesight.
(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 shall 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 shall
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 under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(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.
(d) 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.Note: See second note under 807.162.(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 802.345;
(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 section 3, chapter 277,
Oregon Laws 2003.
(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; 2005 c.649 §7]Note: The amendments to 807.072 by section 11, chapter 277, Oregon
Laws 2003, become operative June 30, 2008. See section 17, chapter 277,
Oregon Laws 2003. The text that is operative on and after June 30, 2008,
including amendments by section 8, chapter 649, Oregon Laws 2005, is set
forth for the user’s convenience.
807.072. (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 802.345;
(b) Is given in conjunction with a motorcycle rider education
course established under ORS 802.320; or
(c) Is given in conjunction with a course conducted by a commercial
driver training school certified by the department under ORS 822.515.
(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.Note: See second note under 807.162.(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](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, notwithstanding the mental or
physical condition or impairment:
(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 obtaining a certificate of eligibility
from the State Health Officer under this section.
(2) The State Health Officer shall issue to the department a
certificate of eligibility required under this section if an applicant
for a certificate establishes to the satisfaction of the State Health
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
State Health Officer shall use the following to establish qualification
for a certificate of eligibility under this subsection:
(a) A report from the applicant’s physician, nurse practitioner or
physician assistant of the applicant’s condition or impairment.
(b) If the applicant’s condition or impairment apparently involves
only visual deficiencies, the department may require an applicant 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 State Health Officer may require an examination and a
written report of findings and recommendations from a physician, nurse
practitioner or physician assistant designated by the State Health
Officer in addition to other reports submitted.
(3) If a person establishes eligibility for a license under this
section by obtaining a certificate 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 State Health Officer after reviewing
recommendations from the physician, nurse practitioner or physician
assistant of the person required to reestablish eligibility.
(4) The State Health Officer may enter into an agreement with any
physician, nurse practitioner or physician assistant allowing the
physician, nurse practitioner or physician assistant to perform the
duties assigned to the State Health Officer by this section. [1983 c.338
§305; 1989 c.224 §138; 1993 c.309 §2; 1999 c.770 §1; 2005 c.140 §2] A vehicle that may be
operated only by the holder of a commercial driver license may be
operated only when a medical certificate approved by the Department of
Transportation is in the licensee’s immediate possession and has been
issued within two years prior to the date of operation of the vehicle.
The holder of a commercial driver license who does not have a medical
certificate required by this section may exercise driving privileges
granted by a Class C license. [1985 c.608 §8a; 1989 c.636 §21] A license issued by the Department of
Transportation shall comply with all of the following:
(1) A license shall bear the distinguishing number assigned to the
person issued the license by the department.
(2) A license shall contain, for the purpose of identification, a
brief description of the person to whom the license is issued.
(3) A license shall contain the name, date of birth and, except as
provided for corrections officers in ORS 802.253 or eligible employees in
ORS 802.250, residence address of the person to whom the license is
issued and a space for the person’s signature.
(4) Upon request of the person to whom the license is issued, a
license shall indicate on the license the fact that the person is an
anatomical donor.
(5) Upon order of the juvenile court, a license shall indicate on
the license the fact that the person to whom the license is issued is an
emancipated minor.
(6) Except as otherwise provided in this subsection, a license
shall bear a photograph described in this subsection. The Director of
Transportation, by rule, may provide for issuance of a valid license
without a photograph if the applicant shows good cause. The director
shall include religious preferences as good cause for issuance of a
license without a photograph but shall not limit good cause to religious
grounds. A photograph required under this subsection 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.
(7) A license is not valid until signed by the person to whom it is
issued.
(8) A license shall indicate 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.
(9) The department shall use such 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 the rapid authentication of a genuine document. [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]Note: The amendments to 807.110 by section 7, chapter 775, Oregon
Laws 2005, become operative July 1, 2008. See section 17, chapter 775,
Oregon Laws 2005. The text that is operative on and after July 1, 2008,
is set forth for the user’s convenience.
807.110. (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 name, date of birth and, except as provided for corrections
officers in ORS 802.253 or eligible employees in ORS 802.250, residence
address of the person to whom the license is issued and a space for the
person’s signature.
(d) Upon request of the person to whom the license is issued, the
fact that the person is an anatomical donor.
(e) Upon order of the juvenile court, the fact that the person to
whom the license is issued is an emancipated minor.
(f) Except as otherwise provided in this paragraph, a photograph
described in this paragraph. The Director of Transportation, by rule, may
provide for issuance of a valid license without a photograph if the
applicant shows good cause. The director shall include religious
preferences as good cause for issuance of a license without a photograph
but shall not limit good cause to religious grounds. 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.
(g) 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.
(2) A license is not valid until signed by the person to whom it is
issued.
(3) 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.Note: Sections 12 and 14, chapter 775, Oregon Laws 2005, provide:
Sec. 12. Notwithstanding any provision of the Public Contracting
Code, the Department of Transportation may, without competitive sealed
bidding, competitive sealed proposals or other competition required in
ORS 279B.050 to 279B.085, extend or amend any contract related to the
security procedures, processes and materials used in the preparation,
manufacture and issuance of driver licenses, driver permits and
identification cards provided that:
(1) The extended or amended contract is financially prudent; and
(2) The contract is not extended or amended beyond July 1, 2013.
[2005 c.775 §12]
Sec. 14. Section 12 of this 2005 Act is repealed on July 1, 2013.
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] (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]
(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) and (3) 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. [1999 c.328
§3; 2001 c.410 §6; 2001 c.608 §1; 2003 c.14 §475; 2003 c.767 §1] (1) Except as otherwise provided in this
section, 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) 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]Note: Sections 9 and 10, chapter 91, Oregon Laws 1999, provide:
Sec. 9. The Department of Transportation may adopt any rules the
department determines necessary for an orderly transition to an
eight-year cycle for issuing and renewing driver licenses, disability
golf cart driver permits, identification cards and disabled person
parking permits. The rules may include but need not be limited to:
(1) Provisions for issuing one four-year renewal when a person who
holds a valid license, card or permit on October 23, 1999, is authorized
to renew the license, card or permit by mail.
(2) Provisions for charging the renewal fees in effect just prior
to October 23, 1999, for a person who is authorized to renew a license,
card or permit for a four-year period under the rules.
(3) Provisions for issuing a replacement license or driver permit
that expires eight years after the date it is issued. [1999 c.91 §9; 2005
c.59 §11]
Sec. 10. Section 9 of this 1999 Act is repealed on December 31,
(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 vehicle operating 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](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) 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.
(4) The department 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] (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] (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.
(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](1) Prior to issuing a replacement
identification card, driver permit or driver license to a person who is
applying in person, the Department of Transportation shall require one of
the following proofs of identity in addition to the proofs of identity,
age and residence required by rule:
(a) An original or certified copy of a birth certificate.
(b) A photo identification card including but not limited to a
military or armed forces identification card, an alien registration card,
a passport or a valid state or Canadian identification card.
(2) For the purposes of subsection (1) of this section, “birth
certificate” means a certificate issued by the State of Oregon or another
jurisdiction. “Birth certificate” does not include a hospital birth
certificate, a hospital card, a birth registration or a baptismal
certificate.
(3) Subsection (1) of this section does not apply if the Department
of Transportation is able to verify the person’s identification through a
duplicate image of a photograph retained by the department under ORS
807.115. [2001 c.789 §2]Note: 807.162 is repealed July 1, 2008. See section 15, chapter
775, Oregon Laws 2005.Note: Sections 1 to 5, 14 and 16, chapter 277, Oregon Laws 2003,
provide:
Sec. 1. Sections 2, 3, 4 and 5 of this 2003 Act are added to and
Sec. 2. As used in this section and sections 3, 4 and 5 of this
2003 Act:
(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]
Sec. 3. (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]
Sec. 4. (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;
(b) On highways with a designated speed or speed limit not greater
than 45 miles per hour; and
(c) When the person is using a bioptic telescopic lens.
(3) A person issued a license under this section shall every two
years:
(a) 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; and
(b) Be examined by a licensed vision specialist who certifies to
the department that the person meets the vision requirements under
section 3 of this 2003 Act.
(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]
Sec. 5. (1) The Department of Transportation shall adopt rules that
establish:
(a) The form of the special limited vision condition learner’s
permit issued under section 3 of this 2003 Act.
(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 section 4 of this 2003
Act. [2003 c.277 §5]
Sec. 14. (1) The driving privileges granted under section 3 or 4 of
this 2003 Act or under ORS 807.280 to a person with a limited vision
condition as defined in section 2 of this 2003 Act are canceled on June
30, 2008.
(2) On or before June 1, 2008, the Department of Transportation
shall notify each person with a special limited vision condition
learner’s permit issued under section 3 of this 2003 Act, a driver
license issued under section 4 of this 2003 Act or an instruction driver
permit issued under ORS 807.280 of the cancellation of the person’s
driving privileges effective on June 30, 2008.
(3) A person whose driving privileges are canceled under this
section is entitled to administrative review of the cancellation. [2003
c.277 §14]
Sec. 16. Sections 2, 3, 4 and 5 of this 2003 Act are repealed on
(Endorsements) (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 under 21 years of age and an applicant 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](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.
(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]Note: Section 34, chapter 649, Oregon Laws 2005, provides:
Sec. 34. Section 33 of this 2005 Act [807.173] applies to
commercial driver licenses with hazardous materials endorsements that are
issued or renewed on or after the effective date of this 2005 Act [July
27, 2005]. [2005 c.649 §34]The Department of Transportation may not issue a motorcycle
endorsement to any person who is under 21 years of age 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. [1989 c.427 §2; 1991 c.453 §13;
1993 c.288 §2; 1997 c.292 §3; 2003 c.14 §478](Permits) (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] 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] (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
of denial of 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] 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] 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] (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 (5) 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](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; or
(f) Fleeing or attempting to elude a police officer, as defined in
ORS 811.540.
(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.
[1999 c.796 §3; 2001 c.104 §302; 2003 c.14 §481; 2003 c.23 §3]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] 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
Director of Human Services that the applicant is physically and mentally
competent to 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] 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 only fee required for issuance of an instruction driver
permit is the instruction driver permit issuance fee 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. A permit issued under this section may not be renewed.
(5) 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.
(6) 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.
(7)(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 section 2, chapter 277,
Oregon Laws 2003.
(8) In addition to any other requirements under this section, the
holder of a permit issued under subsection (7) of this section may
operate a motor vehicle only:
(a) During daylight hours;
(b) On highways with a designated speed or speed limit not greater
than 45 miles per hour; and
(c) When the holder is 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; 2005 c.59 §7;
2005 c.649 §35]Note: The amendments to 807.280 by section 12, chapter 277, Oregon
Laws 2003, become operative June 30, 2008. See section 17, chapter 277,
Oregon Laws 2003. The text that is operative on and after June 30, 2008,
including amendments by section 8, chapter 59, Oregon Laws 2005, and
section 36, chapter 649, Oregon Laws 2005, 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 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 only fee required for issuance of an instruction driver
permit is the instruction driver permit issuance fee 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. A permit issued under this section may not be renewed.
(5) 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.
(6) 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.Note: See second note under 807.162. (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] (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 license or for a driver permit while the department
is determining all facts relative to application for the 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 shall be 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 shall not be for more than 30 additional days. An applicant
temporary driver permit automatically becomes invalid if the applicant’s
license or permit is issued or refused for good cause.
(5) No fee shall be charged 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]Note: Sections 11 and 13, chapter 775, Oregon Laws 2005, provide:
Sec. 11. If an applicant has complied with all requirements for an
application for a driver license, driver permit or identification card,
the department at the time of application may issue to the applicant:
(1) An applicant temporary driver permit as provided in ORS
807.310; or
(2) An applicant temporary identification card as provided in
section 10 of this 2005 Act [807.405]. [2005 c.775 §11]
Sec. 13. Section 11 of this 2005 Act is repealed on July 1, 2008.
(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] (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)(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](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) Upon cancellation under this section, a person whose 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.
(3) 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.
(4) A person whose driving privileges are canceled under this
section may only regain the canceled driving privileges 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]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, $38.50.
(b) For renewal fee under ORS 807.210, $26.50.
(2) Emergency driver permit fee under ORS 807.220, $18.
(3) Instruction driver permit issuance fee under ORS 807.280, $18.
(4)(a) License issuance fee for a Class C license, $48.50.
(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, $48.50.
(6) License issuance fee for a commercial driver license, whether
or not the license contains endorsements, $70.
(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 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, $50.
(15) License renewal fee for a Class C license, $28.50.
(16) License or driver permit replacement fee under ORS 807.160,
$21.
(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, $18.
(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, $28.
(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 section 3, chapter 277, Oregon Laws 2003, $13. [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; 2003 c.618 §49; 2005 c.59 §2; 2005
c.649 §10]Note: The amendments to 807.370 by section 13, chapter 277, Oregon
Laws 2003, become operative June 30, 2008. See section 17, chapter 277,
Oregon Laws 2003. The text that is operative on and after June 30, 2008,
including amendments by section 3, chapter 59, Oregon Laws 2005, and
section 11, chapter 649, Oregon Laws 2005, 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, $38.50.
(b) For renewal fee under ORS 807.210, $26.50.
(2) Emergency driver permit fee under ORS 807.220, $18.
(3) Instruction driver permit issuance fee under ORS 807.280, $18.
(4)(a) License issuance fee for a Class C license, $48.50.
(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, $48.50.
(6) License issuance fee for a commercial driver license, whether
or not the license contains endorsements, $70.
(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 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, $50.
(15) License renewal fee for a Class C license, $28.50.
(16) License or driver permit replacement fee under ORS 807.160,
$21.
(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, $18.
(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, $28.
(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.Note: See second note under 807.162.(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: 807.375 becomes operative July 1, 2008. See section 17,
chapter 775, Oregon Laws 2005. (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(1) The Department of Transportation
shall issue an identification card to any person who:
(a) Is domiciled in or resident of this state, as described in ORS
807.062;
(b) Does not have a current, valid driver license; and
(c) Furnishes such evidence of the person’s age and identity as the
department may require.
(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 an 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.
(5) 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.
(6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in ORS
807.130.
(7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410. In no event shall
the issuance or renewal of an identification card be subject to any fee
in addition to that set forth in ORS 807.410.
(9) An identification card becomes invalid if the holder of the
card changes 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.
(10) If a person to whom an identification card was issued and who
changes 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 (12) 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.
(11) An identification card becomes invalid if the holder of the
card changes the person’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.
(12) In the event that, for a reason identified by the department
by rule, a person needs a replacement identification card that bears a
different distinguishing number from 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.
(13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the reasons
identified in subsections (10) to (12) of this section. The fee for a
replacement identification card is provided under ORS 807.410.
(14) 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
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.
(15) 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 a 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 as described under any of the following:
(a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or driver
permit to the department based upon the person’s recognition that the
person is no longer competent to drive.
(b) The department may issue an identification card to a person
under this subsection when the person’s driving privileges are suspended
under ORS 809.419 (1). This paragraph only applies if the person
voluntarily surrenders the person’s 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]Note: The amendments to 807.400 by section 8, chapter 775, Oregon
Laws 2005, become operative July 1, 2008. See section 17, chapter 775,
Oregon Laws 2005. The text that is operative on and after July 1, 2008,
is set forth for the user’s convenience.
807.400. (1) The Department of Transportation shall issue an
identification card to any person who:
(a) Is domiciled in or resident of this state, as described in ORS
807.062;
(b) Does not have a current, valid driver license;
(c) Furnishes such evidence of the person’s age and identity as the
department may require; and
(d) 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 an 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.
(5) 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.
(6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in ORS
807.130.
(7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410.
(9) An identification card becomes invalid if the holder of the
card changes 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.
(10) If a person to whom an identification card was issued and who
changes 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 (12) 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.
(11) An identification card becomes invalid if the holder of the
card changes the person’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.
(12) In the event that, for a reason identified by the department
by rule, a person needs a replacement identification card that bears a
different distinguishing number from 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.
(13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the reasons
identified in subsections (10) to (12) of this section. The fee for a
replacement identification card is provided under ORS 807.410.
(14) 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
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.
(15) 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 a 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 as described under any of the following:
(a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or driver
permit to the department based upon the person’s recognition that the
person is no longer competent to drive.
(b) The department may issue an identification card to a person
under this subsection when the person’s driving privileges are suspended
under ORS 809.419 (1). This paragraph only applies if the person
voluntarily surrenders the person’s license or driver permit to the
department as provided under ORS 809.500. (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 shall be 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 be for more than 30 additional days. An applicant temporary
identification card automatically becomes invalid if the applicant’s
identification card is issued or refused for good cause.
(4) The department may not charge a fee for issuance of an
applicant temporary identification card under this section. [2005 c.775
§10]Note: See note under 807.310. 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, $29. 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, $25.
(3) For replacement of an identification card, $24.
(4) For reinstatement of an identification card after suspension,
$75. [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](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] (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(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](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 certificate of 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] (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] (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] (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] (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](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] (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] (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] (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] (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](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] (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]MISCELLANEOUS(1) It shall be the duty of the
superintendent of the hospital for the mentally ill or mentally retarded
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](1) For the purposes of this section:
(a) “Physician” means a doctor of medicine or osteopathy licensed
to practice medicine by the Board of Medical Examiners for the State of
Oregon.
(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. If a designated physician or health care provider makes a report
to the department in good faith, that person shall be immune from civil
liability that might otherwise result from making the report. If a
designated physician or health care provider does not make a report, that
person shall be immune from civil liability that might otherwise result
from not making the report.
(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 State Health Officer shall
consider this information in determining whether to issue a certificate
of eligibility under ORS 807.090.
(5) Except as provided in ORS 802.240, the reports required by the
department 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]Note: Section 3, chapter 462, Oregon Laws 2003, provides:
Sec. 3. The amendments to ORS 807.710 and 802.240 by sections 1 and
2 of this 2003 Act apply only to causes of action that accrue on or after
the effective date of this 2003 Act [June 24, 2003]. [2003 c.462 §3] On or
before the 15th day of each month, the Director of Human Services shall
forward to the Department of Transportation a copy of the death
certificate covering the death, resulting from a motor vehicle accident,
of any persons within the Director of Human Services’ jurisdiction during
the preceding calendar month. [1983 c.338 §871; 1985 c.16 §440]CHAPTER 808
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