USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 806 Financial Responsibility Law
(1) A person commits
the offense of driving uninsured if the person operates a motor vehicle
in this state on any highway or premises open to the public in this state
without either:

(a) The person being insured while driving the vehicle under a
motor vehicle liability insurance policy that meets the requirements
described under ORS 806.080; or

(b) The person or the owner of the vehicle providing the Department
of Transportation with other satisfactory proof of compliance with the
financial responsibility requirements of this state.

(2) Exemptions from this section are established under ORS 806.020.

(3) In addition to other penalties under this section the following
apply:

(a) A person who is involved in a motor vehicle accident at any
time the person is in violation of this section is subject to suspension
of the person’s driving privileges under ORS 809.417.

(b) A person who is convicted of violating this section is subject
to ORS 806.230, if the person does not make future responsibility filings
as required by that section.

(4) A person convicted for violation of this section must file with
the department, and thereafter maintain for a period of three years,
proof of financial responsibility that complies with ORS 806.060. Failure
to comply with this subsection is subject to ORS 809.415.

(5) The offense described in this section, driving uninsured, is a
Class B traffic violation. [1983 c.338 §837; 1985 c.16 §422; 1985 c.714
§1; 1991 c.350 §1; 1991 c.702 §4; 2003 c.402 §12] An unexpired card issued as
provided in ORS 742.447, or other current proof of compliance with
financial or future responsibility requirements approved by rule by the
Department of Transportation, shall be carried in each motor vehicle that
is operating in this state and that is not exempt from compliance with
financial or future responsibility requirements. Failure of the driver of
a motor vehicle to show a valid card or other proof of compliance when
asked to do so by a police officer is reasonable grounds for the officer
to believe that the person is operating the vehicle in violation of ORS
806.010. [1993 c.746 §2](1) A person commits the offense of
failure to carry proof of compliance with financial responsibility
requirements if the person operates a motor vehicle in this state and
does not have in the vehicle current proof of compliance with financial
responsibility requirements.

(2) The Department of Transportation shall determine by rule what
constitutes proof of compliance with financial responsibility
requirements.

(3) This section does not apply to persons operating motor vehicles
that are exempt from financial responsibility requirements by ORS 806.020.

(4) The court shall dismiss any charge under this section if, prior
to the court appearance date listed on the citation, the person charged
delivers to the clerk of the court named on the citation proof of
compliance with financial responsibility requirements at the time of the
violation.

(5) The offense described in this section, failure to carry proof
of compliance with financial responsibility requirements, is a Class B
traffic violation. [1993 c.751 §101; 2005 c.361 §1] This
section provides exemptions from the necessity for compliance with or
proof of compliance with financial responsibility requirements in
accident reports under ORS 811.725, when applying for vehicle
registration under ORS 803.370 or 803.460 and for operating a vehicle
under ORS 806.010. The owner or operator of a vehicle is exempt, as
provided by this section, from financial responsibility requirements if
the vehicle involved in the accident, sought to be registered or operated
is any of the following:

(1) An antique motor vehicle issued permanent registration under
ORS 805.010.

(2) A farm trailer.

(3) A farm tractor.

(4) An implement of husbandry.

(5) A motor vehicle of special interest that is maintained as a
collector’s item and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of persons or
property.

(6) A snowmobile, Class I or Class III all-terrain vehicle.

(7) Any motor vehicle when the owner of the vehicle has submitted
to the Department of Transportation a statement, in such form as may be
required by the department, declaring that the vehicle is continuously
not being operated on the highways of this state and explaining the
reasons therefor. A person who falsely certifies under this subsection is
subject to penalty under ORS 806.030.

(8) A motor assisted scooter.

(9) An electric personal assistive mobility device. [1983 c.338
§838; 1985 c.16 §423; 1987 c.217 §4; 1989 c.991 §32; 1993 c.751 §99; 2001
c.749 §22; 2003 c.341 §5](1) A person commits the offense of false
certification of exemption from financial responsibility if the person
declares under ORS 806.020 that a vehicle is continuously not being
operated on the highways of this state and the person knows or has reason
to believe that such information is false.

(2) The offense described in this section, false certification of
exemption from financial responsibility, is punishable by a fine of not
more than $1,000 or imprisonment in the county jail for not more than one
year or both. [1983 c.338 §839]Financial responsibility requirements are designed to
provide for minimum payment of judgments of the type described in this
section. When ORS 806.130, 806.140, 806.255, 809.020, 809.130 or 809.470
refer to judgments of the type described in this section, the reference
is to a judgment that meets all of the following requirements:

(1) It must have become final by expiration, without appeal, of the
time within which an appeal might have been perfected or by final
affirmation on appeal.

(2) It must be rendered by a court of competent jurisdiction of any
state or of the United States.

(3) It must be upon a cause of action for damages of the type
described under subsection (4) of this section or upon a cause of action
on an agreement of settlement for such damages.

(4) It must be for one or more of the following kinds of damage
arising out of a motor vehicle accident on public or private property:

(a) Damages, including damages for care and loss of services,
because of bodily injury to or death of any person.

(b) Damages because of injury to or destruction of property,
including the loss of use thereof. [1983 c.338 §840; 1985 c.16 §424; 1987
c.258 §1; 1995 c.41 §4; 2003 c.175 §4] (1) A
person commits the offense of falsification of financial responsibility
if the person does any of the following:

(a) Forges or, without authority, signs any evidence of proof of
compliance with financial responsibility requirements.

(b) Files or offers for filing any evidence of proof of compliance
with financial responsibility requirements knowing or having reason to
believe that the proof is forged or signed without authority.

(c) Knowingly certifies falsely to the existence of motor vehicle
liability insurance meeting the requirements under ORS 806.080 or some
other means of satisfying the financial responsibility requirements or
making a financial responsibility filing.

(2) A denial of coverage, signed by an officer or agent of an
insurer, returned to the Department of Transportation after inquiry from
the department as to the accuracy of a certification of the existence of
liability insurance under ORS 806.150 or 811.725 is prima facie evidence
of false certification.

(3) Any person convicted of knowingly certifying falsely to the
existence of motor vehicle liability insurance or to the existence of
some other means of satisfying the financial responsibility requirements
shall be imprisoned for no less than three consecutive days. In no case
shall the execution of the punishment imposed by this section be
suspended by the court, nor shall any person subject to such punishment
be sentenced to probation by the court.

(4) A person who is convicted for violation of this section is
subject to ORS 806.230 if the person does not make future responsibility
filings as required by that section.

(5) The offense described in this section, falsification of
financial responsibility, is a Class B misdemeanor except that violation
of subsection (1)(c) of this section is a Class A misdemeanor. [1983
c.338 §841; 1985 c.16 §425; 1985 c.393 §62; 1993 c.14 §27](1) A person commits the offense of giving false
information about liability insurance to a police officer if the person
knowingly gives false information about the person’s motor vehicle
liability insurance coverage to any police officer who is enforcing motor
vehicle laws.

(2) The offense described in this section, giving false information
about liability insurance to a police officer, is a Class B misdemeanor.
[1991 c.330 §2]REQUIREMENTS

(Generally) A person who is required to comply
with the financial responsibility requirements of this state must be able
to respond in damages, in amounts required under this section, for
liability on account of accidents arising out of the ownership,
operation, maintenance or use of motor vehicles and must establish that
ability by one of the methods required by this section. All of the
following apply to the financial responsibility requirements of this
state:

(1) To meet the financial responsibility requirements, a person
must be able to respond in damages in amounts not less than those
established under the payment schedule under ORS 806.070.

(2) A person may only comply with the financial responsibility
requirements of this state by establishing the required ability to
respond in damages in one of the following ways:

(a) Obtaining a motor vehicle liability policy meeting the
requirements under ORS 806.080 that will provide at least minimum limits
necessary to pay amounts established under the payment schedule under ORS
806.070.

(b) Becoming self-insured as provided under ORS 806.130. [1983
c.338 §842; 1985 c.16 §426; 1995 c.41 §5; 2003 c.175 §5] (1) This section establishes a
schedule of payments for the following purposes:

(a) An insurance policy described under ORS 806.080 must provide
for payment of at least amounts necessary to cover the minimum required
payments under this section to qualify for use for financial
responsibility under ORS 806.060.

(b) A person who is self-insured under ORS 806.130 must agree to
pay according to the payment schedule established by this section.

(c) The payment schedule is the minimum required payment of a
judgment for purposes of ORS 809.020, 809.130 and 809.415.

(2) The schedule of payments is as follows:

(a) $25,000 because of bodily injury to or death of one person in
any one accident;

(b) Subject to that limit for one person, $50,000 because of bodily
injury to or death of two or more persons in any one accident; and

(c) $10,000 because of injury to or destruction of the property of
others in any one accident. [1983 c.338 §843; 1985 c.16 §427; 1995 c.41
§6; 2003 c.175 §6; 2003 c.402 §13]Notwithstanding any other provision of
this chapter, a person convicted of driving under the influence of
intoxicants under ORS 813.010 is subject to the following requirements
for the method of complying with and the amounts needed to meet financial
responsibility requirements and for the duration of future responsibility
filings:

(1) The person must have a certificate or certificates of insurance
that meet the requirements of ORS 806.270 except that the certificate or
certificates must show that the person is covered by insurance that
provides at least:

(a) $50,000 because of bodily injury to or death of one person in
any one accident;

(b) Subject to that limit for one person, $100,000 because of
bodily injury to or death of two or more persons in any one accident; and

(c) $10,000 because of injury to or destruction of the property of
others in any one accident.

(2) The person must maintain future responsibility filings showing
insurance coverage in the amounts specified in subsection (1) of this
section for a period of three years from the date that the first filing
is required. [1987 c.774 §95; 1991 c.768 §9](Insurance) (1) A motor vehicle liability insurance policy
used to comply with financial responsibility requirements under ORS
806.060 must meet all of the following requirements:

(a) It must be a policy or part of a policy designating, by
explicit description or by appropriate reference, all motor vehicles for
which coverage is provided by the policy.

(b) It must insure the named insured and all other persons insured
under the terms of the policy against loss from the liabilities imposed
by law for damages arising out of the ownership, operation, use or
maintenance of those motor vehicles by persons insured under the policy.
The policy must include in its coverage all persons who, with the consent
of the named insured, use the motor vehicles insured under the policy,
except for any person specifically excluded from coverage under ORS
742.450.

(c) It must provide the minimum limits of coverage required under
ORS 806.070.

(2) The requirements for the insurance may be fulfilled by the
policies of one or more insurance carriers which policies together meet
such requirements. [1983 c.338 §844; 1991 c.768 §8](Self-Insurance) To qualify as a self-insurer for purposes
of financial responsibility requirements under ORS 806.060, a person must
do all of the following:

(1) Apply to the Department of Transportation and be issued by the
department a certificate of self-insurance under ORS 806.140.

(2) Either:

(a) Establish to the satisfaction of the department that the person
is possessed and will continue to be possessed of the ability to pay and
discharge judgments described under ORS 806.040 that might be obtained
against the applicant; or

(b) Be duly qualified under the laws of the State of Oregon or
under an ordinance of a city of this state to act as a self-insurer and
be acting as such.

(3) Agree to pay the same amounts with respect to an accident
occurring while the certificate is in force that an insurer would be
obligated to pay under a motor vehicle liability insurance policy,
including uninsured motorist coverage and liability coverage to at least
the limits specified in ORS 806.070.

(4) Have more than 25 motor vehicles including commercial buses
registered in the person’s name. [1983 c.338 §849; 1985 c.16 §430] (1) The Department of
Transportation shall issue a certificate of self-insurance for purposes
of financial responsibility requirements under ORS 806.060 and future
responsibility filings under ORS 806.240 to any person who qualifies
under ORS 806.130.

(2) The department may cancel a certificate of self-insurance
issued under this section upon reasonable grounds. Failure to pay any
judgment described under ORS 806.040 within 30 days after it has become
final constitutes reasonable grounds for cancellation under this
subsection. The department shall give not less than five days’ notice and
a hearing pursuant to such notice before the department may cancel under
this subsection. [1983 c.338 §850]ENFORCEMENT The Department of
Transportation shall provide a program of verification of compliance with
financial responsibility requirements under ORS 803.460 and 806.010. The
program established by the department under this section shall comply
with all of the following:

(1) The verification shall be based on motor vehicles registered in
this state.

(2) The department may select vehicles for verification when the
department considers the selection necessary or appropriate. The
department may emphasize, in accordance with rules adopted by the
department, verification of vehicles registered to individuals who:

(a) Have been convicted of violating ORS 806.010;

(b) Have submitted certifications of compliance with financial
responsibility requirements that have been previously found to be
incorrect; or

(c) The department has reasonable grounds to believe are not in
compliance with financial responsibility requirements.

(3) When a vehicle is selected for verification under this section,
the department shall mail a letter and certification form described under
ORS 806.180 to the registered owner of the vehicle notifying the owner
that the vehicle has been selected for verification and requiring the
owner to respond within 30 days and certify that the owner is in
compliance with financial responsibility requirements as of the date of
the letter. In addition, the department may seek verification by
communicating directly with an insurer or its designee.

(4) Failure of an owner either to return the certification of
compliance with financial responsibility requirements to the department
within 30 days after mailing by the department or to certify compliance
as of the date of the letter, or a determination by the department that a
certification is not accurate constitutes reasonable grounds for the
department to proceed with a demand for verification under ORS 806.160.

(5) The department shall investigate all certifications returned to
the department under this section as follows:

(a) If the owner certifies the existence of insurance described
under ORS 806.080, the department shall forward the certification to the
listed insurer to determine whether the certification is correct. An
insurer shall notify the department if the certification is not correct.

(b) The department may also determine the correctness of
certifications of other means of satisfying financial responsibility
requirements for the vehicle.

(6) No civil liability shall accrue to the insurer or any of its
employees for reports made to the department under this section when the
reports are made in good faith based on the most recent information
available to the insurer. [1983 c.338 §851; 1985 c.16 §431; 1985 c.714
§2; 1987 c.158 §165; 1993 c.751 §29; 2005 c.142 §1](1) The Department of Transportation shall demand that
a person provide the department, within 30 days after the date of the
mailing of the demand, satisfactory proof that the person is in
compliance with the financial responsibility requirements as of the date
of the letter from the department under ORS 806.150 if the department has
reasonable grounds to believe that the person was or is violating any of
the following, whether or not the person has been convicted of the
violation:

(a) Driving uninsured under ORS 806.010.

(b) Falsification of financial responsibility under ORS 806.050.

(2) If the person cannot provide the required proof within the
required time:

(a) The person is subject to the requirements under ORS 806.220; and

(b) The department shall also notify the district attorney of the
county in which the person resides of the department’s belief that the
person was or is committing violations of ORS 806.010 and 806.050.

(3) No civil liability shall accrue to the department or any of its
employees for reports made to a district attorney under this section.
[1983 c.338 §852; 1985 c.714 §3; 2001 c.104 §300]The Department of Transportation shall investigate all
certifications of compliance with financial responsibility requirements
made on reports of accidents under ORS 811.725 and 811.730. The
department shall contact the insurers listed on the certifications to
determine whether each certification is accurate. If the certification is
not correct, an insurer shall so notify the department. [1983 c.338 §853]A person who is required, under ORS 803.460 or 811.725, to
certify compliance with financial responsibility requirements shall
comply with the following:

(1) The person shall certify in a manner prescribed by the
Department of Transportation.

(2) The applicant shall provide any information that the department
requires.

(3) If the person certified the existence of a motor vehicle
liability insurance policy described under ORS 806.080, the person shall
report at least the following information:

(a) The name of the insurer issuing the policy; and

(b) The policy number, insurance producer’s binder number or any
other number that identifies the policy. [1983 c.338 §854; 1985 c.714 §4;
1987 c.158 §166; 1993 c.751 §30; 2003 c.364 §172](1) Every
insurance carrier or insurance producer that issues property and casualty
insurance policies, as defined in ORS chapter 731, in this state shall
report to the Department of Transportation any person the carrier or
producer has reason to believe is involved in an accident while the
person is operating a vehicle in violation of ORS 806.010. The carrier or
producer shall make the report required by this section whether or not
the accident:

(a) Is a reportable accident under ORS 811.720; or

(b) Occurred on a highway or on any other premises open to the
public.

(2) No civil liability shall accrue to a carrier or insurance
producer or any of its employees for reports made to the department under
this section when the reports are made in good faith. [Formerly 486.097
and then 743.774; 2001 c.827 §6; 2003 c.364 §173] (1) The
Department of Transportation shall specify by rule:

(a) Any information that insurers shall submit to the department in
addition to that specifically required by ORS 742.580.

(b) The form in which the information required by ORS 742.580 and
by rules adopted under this section shall be submitted.

(2) Information submitted to the department in accordance with ORS
742.580 and with rules adopted under this section shall be:

(a) Entered into a computer system maintained by the department; and

(b) Made available to police officers in the most timely and
efficient way possible. [1993 c.746 §6; 2001 c.104 §301]FUTURE RESPONSIBILITY FILINGS (1) A person
commits the offense of failure to make a future responsibility filing
after an accident if the person is the owner or driver of a vehicle that
is in any manner involved in an accident that is required to be reported
under ORS 811.720 and the person does not make a future responsibility
filing within 30 days after the filing of the accident report required
under ORS 811.725.

(2) Exemptions from this section are established under ORS 806.210.

(3) The employer of a driver is subject to the requirements and
penalties under this section if the driver is an employee exempted from
this section under ORS 806.210. If an employer is subject to this
section, the registration of the employer’s vehicles may be suspended as
provided under ORS 809.050.

(4) In addition to any other penalties under this section,
violation of this section subjects the violator to suspension of driving
privileges as provided under ORS 809.415.

(5) The offense described in this section, failure to make a future
responsibility filing after an accident, is a Class B traffic violation.
[1983 c.338 §855; 1985 c.393 §63; 2003 c.402 §14] As
appropriate, the driver or the owner, or both, are exempt from the
requirement under ORS 806.200 to make a future responsibility filing if
the person claiming exemption furnishes to the Department of
Transportation proof of any of the following:

(1) At the time of the accident the driver was operating a vehicle
owned by or leased to and operated under the direction of the United
States of America, this state or any municipality or subdivision thereof.

(2) At the time of the accident the vehicle was lawfully parked.

(3) Such liability as may arise from the driver’s operation of the
vehicle involved in the accident was covered by some form of liability
insurance which complies with the financial responsibility requirements.

(4) The owner of the vehicle involved in the accident was a
self-insurer under ORS 806.130.

(5) The vehicle involved in the accident was being operated under a
permit issued by the department under ORS chapter 825.

(6) At the time of the accident the owner’s vehicle was being
operated without the owner’s permission, expressed or implied, or was
parked by a person who had been operating such vehicle without the
owner’s permission unless the vehicle at the time of its taking had been
left unattended in a condition prohibited by a regulation or ordinance
designed to prevent the operation of vehicles by unauthorized persons.
This subsection only exempts owners of vehicles who qualify.

(7) At the time of the accident, the driver was operating a vehicle
owned, operated or leased by the driver’s employer with the permission of
that employer. This subsection only exempts drivers of vehicles. Owners
remain subject as provided under ORS 806.200. [1983 c.338 §856; 1995
c.733 §87; 2003 c.175 §7] (1) A
person commits the offense of failure to make future responsibility
filing after failing verification if the person:

(a) Is unable to provide satisfactory proof of compliance with
financial responsibility requirements as of the date of the letter of
verification from the Department of Transportation under ORS 806.150 upon
the demand of the department under ORS 806.160 within the time required
by that section; and

(b) Does not, within 60 days after the date of the mailing of the
demand by the department under ORS 806.160, make a future responsibility
filing.

(2) The offense described in this section, failure to make future
responsibility filing after failing verification, is a Class B traffic
violation. [1983 c.338 §857; 1985 c.393 §64; 1985 c.714 §5] (1) A person commits
the offense of failure of a previous violator to make a future
responsibility filing if the person is convicted of a violation of ORS
806.010 or 806.050 and the person does not make a future responsibility
filing within 30 days after the conviction.

(2) In addition to any other penalties under this section, a
violator of this section is subject to suspension of driving privileges
under ORS 809.415.

(3) The offense described in this section, failure of a previous
violator to make future responsibility filing, is a Class A traffic
violation. [1983 c.338 §858; 1985 c.393 §65; 2003 c.402 §15]Future responsibility filings
required by ORS 806.200, 806.220 or 806.230 or by any other law of this
state are subject to all of the following:

(1) The person required to make the filing must file, or have filed
for the benefit of the person, proof that meets the requirements of this
section and must maintain the proof as long as required under ORS 806.245.

(2) The proof given for a future responsibility filing must be one
or more of the following proofs that the person is in compliance with
financial responsibility requirements:

(a) A certificate or certificates of insurance that meet the
requirements under ORS 806.270.

(b) A valid certificate of self-insurance issued by the Department
of Transportation under ORS 806.130.

(3) The owner of a motor vehicle may make a future responsibility
filing under this section on behalf of the owner’s employee or a member
of the owner’s immediate family or household in lieu of the filing being
made by such person. Filing under this subsection permits the person on
whose behalf the filing is made to operate only a motor vehicle covered
by the proof given in the filing. The department shall endorse
restrictions, as appropriate, on any license or driver permit the person
holds as the department determines necessary to limit the person’s
ability to operate vehicles consistent with this subsection.

(4) At the request of a person who has made a future responsibility
filing under this section, the department shall return the proof filed
upon the substitution of other adequate proof.

(5) Whenever proof filed under this section no longer meets the
requirements of this section, the department shall require the furnishing
of other proof for the future responsibility filing. If such other proof
is not so furnished, the department shall suspend the driving privileges
of the person as provided under ORS 809.415 or, if applicable, any
registration as provided under ORS 809.050. [1983 c.338 §859; 1987 c.258
§2; 1995 c.41 §7; 2003 c.14 §466; 2003 c.175 §8; 2003 c.402 §16]A termination of the requirement to maintain a future
responsibility filing does not remove a person’s responsibility to comply
with financial responsibility requirements. Except as provided in ORS
806.255, the Department of Transportation shall terminate requirements
for a future responsibility filing when any of the following occurs:

(1) The person on whose behalf the filing was made dies.

(2) More than three years have passed from the date the filing was
required.

(3) A person on whose behalf the filing was made requests
termination and either:

(a) The person was required to file because of an error committed
by the department; or

(b) The person was required to file because of an error committed
by an insurance company in notifying the department regarding the
correctness of a certification under ORS 806.150.

(4) A person who was required to file because of failure to respond
to a department demand under ORS 806.160 requests termination and the
department determines either:

(a) That the person was in fact in compliance with financial
responsibility requirements as of the date of the department’s letter of
verification under ORS 806.150; or

(b) That the person reasonably and in good faith believed that the
person was in compliance with financial responsibility requirements on
the date of the department’s letter of verification.

(5) A person who was required to file because of failure to prove
under ORS 806.210 that the person was in compliance with financial
responsibility requirements requests termination and the department
determines either:

(a) That the person was in fact in compliance with financial
responsibility requirements at the time of the accident; or

(b) That the person reasonably and in good faith believed that the
person was in compliance with financial responsibility requirements at
the time of the accident. [1987 c.258 §4]
(1) Subject to ORS 806.255, the Department of Transportation shall return
any proof submitted for a future responsibility filing except a
certificate of insurance described in ORS 806.270 to the person entitled
thereto upon termination of the requirement for a future responsibility
filing under ORS 806.245.

(2) Subject to ORS 806.255, the department shall return any proof
submitted for a future responsibility filing except a certificate of
insurance described in ORS 806.270 to the person entitled thereto if the
person on whose behalf the proof was submitted surrenders to the
department any license or driver permit held by the person or if the
person is subject to suspension of registration under ORS 809.050 and
surrenders to the department any such registration. If the department
returns proof under this subsection, the requirement for the person to
make future responsibility filings is not terminated and the department
shall refuse any application for driving privileges or registration the
person thereafter makes unless the person makes a future responsibility
filing for the remainder of the three-year period. [1983 c.338 §860; 1985
c.16 §432; 1985 c.714 §9; 1987 c.158 §167; 1987 c.258 §5]The Department of Transportation shall not terminate any
requirements under ORS 806.245 or return any proof under ORS 806.250 if
any action for damages which may result in a judgment of a type described
under ORS 806.040 is then pending nor in the event any such judgment is
outstanding and unsatisfied. An affidavit of an applicant for termination
or release stating the nonexistence of such facts is sufficient evidence
thereof in the absence of evidence to the contrary in the records of the
department. An affidavit will not be required for a person who filed a
certificate of insurance as described in ORS 806.270 during the period
such proof was required. [1987 c.258 §7](1) A certificate of insurance that is used to comply with
future responsibility filing requirements under ORS 806.240 is subject to
all of the following:

(a) Except as provided by ORS 806.280, the certificate must be
issued by an insurance carrier doing business in this state.

(b) The certificate must show that the person required to make the
future responsibility filing is covered by insurance that provides
minimum coverage necessary for payment of the schedule of payments under
ORS 806.070.

(c) The certificate must show that the person required to make the
future responsibility filing is either:

(A) Insured by a policy meeting the requirements under ORS 806.080
that also covers all other persons who, with the consent of the insured,
use the vehicles owned by the person making the filing; or

(B) Insured against loss arising from liabilities imposed by law
for damages arising out of the ownership, operation, use or maintenance
of motor vehicles not owned by the person required to make the filing.

(d) The certificate must:

(A) Be dated as of the date of the motor vehicle policy for which
it is given;

(B) Contain the policy number; and

(C) Describe all vehicles covered by the policy unless the policy
is issued with respect to all vehicles operated by the insured.

(e) The certificate must provide that the insurers will give the
Department of Transportation notice of any cancellation of the policy
within 10 days after the effective date of the cancellation or
termination. The notice requirement under this paragraph does not apply
where the insurance is terminated under ORS 806.290.

(2) The certificate or certificates must cover all vehicles that
are registered in the name of or operated by the person, except vehicles
that are in storage and for which the current registration plates and
cards have been surrendered to the department.

(3) Unless and until the department has reason to believe
otherwise, the department may presume that all vehicles that are required
by subsection (2) of this section to be covered by the certificate are
covered.

(4) The requirements under this section may be fulfilled by the
policies of one or more insurance carriers. [1983 c.338 §862; 1985 c.16
§433; 1993 c.751 §31; 1999 c.59 §239; 2003 c.174 §1]The Department of Transportation shall not
accept a certificate of insurance for purposes of future responsibility
filings from an insurance company that is not authorized to do business
in Oregon unless the company meets all of the following requirements:

(1) The company must execute and deliver to the department a power
of attorney authorizing the department to accept on behalf of the company
service of process in any action arising out of a vehicle accident in
this state involving the principal or insured of the company.

(2) The company must execute and deliver to the department a
written agreement that the policy shall be deemed to conform to the laws
of this state relating to such insurance policy.

(3) The company must not be in default in any of its agreements or
undertakings under a certificate of insurance used for a future
responsibility filing in this state. The department shall not accept any
certificate of insurance from a company described in this subsection so
long as such default continues. [1983 c.338 §863; 2003 c.175 §9]An insurance policy for
which a certificate of insurance is filed to comply with future
responsibility requirements is terminated with respect to any operator or
vehicle designated in the certificate if the operator or vehicle is also
covered by an insurance policy subsequently procured and certified to the
Department of Transportation. The date of termination under this section
is the date the subsequent certificate is filed with the department.
[1983 c.338 §864](1) A person
commits the offense of failure to surrender license and registration on
cancellation of future responsibility filing if the person does not
immediately return the person’s license or driver permit and registration
to the Department of Transportation when any of the following occur:

(a) A policy of insurance required under ORS 806.240 is canceled or
terminated.

(b) The person neglects to furnish other proof for a future
responsibility filing upon request of the department.

(2) If any person fails to return to the department the license,
driver permit or registration, the department may request any peace
officer to secure possession thereof and return it to the department.

(3) The offense described in this section, failure to surrender
license and registration on cancellation of future responsibility filing,
is a Class C misdemeanor. [1983 c.338 §865; 1985 c.16 §434; 1985 c.393
§66; 2003 c.175 §10]

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