USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 809 Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification C
The Department of Transportation may refuse to issue, may
revoke or may suspend any license, permit, identification card, title or
registration issued by the department or for which application is made to
the department if the department determines that the person issued or
applying for the license, permit, identification card, title or
registration has used one name in one application and another name in any
other application. [Formerly 809.060](1) Unless otherwise specifically provided by law, a person whose
identification card, vehicle registration or driving privileges are
suspended, revoked or canceled by the Department of Transportation is
entitled to administrative review of the action rather than to a formal
hearing by the department if the suspension, revocation or cancellation
is based upon:

(a) A conviction;

(b) Notification from a court that the court has suspended, revoked
or canceled an identification card, registration or privileges; or

(c) Notice from a court to the department to suspend, cancel or
revoke.

(2) Actions by the department based on grounds other than those
specified in subsection (1) of this section may be subject to
administrative review rather than a formal hearing if specifically
provided by law. [1991 c.702 §2; 1993 c.627 §1]DRIVING PRIVILEGES

(Court-Ordered or Recommended Restrictions, Suspensions, Revocations or
Denials)(1) A court may do any of
the following if the defendant is convicted of any traffic offense and
fails or refuses to pay a fine imposed by the judge or to comply with any
condition upon which payment of the fine or any part of it was suspended:

(a) Issue notice to the Department of Transportation to implement
procedures under ORS 809.416.

(b) Order a defendant’s driving privileges restricted.

(2) The authority granted in this section is in addition to or
instead of any other method authorized by law for enforcing a court order.

(3) If a court places restrictions on driving privileges under this
section:

(a) The judge shall immediately advise the department of the
restrictions.

(b) Upon removal of such restriction, the court shall notify the
department that the restriction is ended.

(c) The restriction shall remain in effect until ended by the court.

(d) The department shall take action as provided under ORS 807.120
on restrictions imposed under this section.

(e) The restrictions may include any restriction, condition or
requirement.

(f) Violation of the restriction is punishable as provided under
ORS 807.010.

(4) If a judge issues notice to implement procedures under ORS
809.416 as provided under this section:

(a) The judge shall immediately send to the department notice upon
payment of the fine as ordered.

(b) The department shall take action on the suspension as provided
under ORS 809.416.

(5) A court shall not issue notice under this section to implement
procedures under ORS 809.416 for failure to pay a fine relating to any
parking offense, pedestrian offense or bicycling offense. [1983 c.338
§387; 1985 c.16 §203; 1985 c.669 §13; 1991 c.702 §5; 1993 c.751 §54] This
section establishes procedures that are applicable if a person fails to
appear on a citation for a traffic offense or for a violation of ORS
471.430. All of the following apply to this section:

(1) If a defendant fails to make any appearance required by the
court or by law in a proceeding charging the defendant with a traffic
offense or with a violation of ORS 471.430, the court:

(a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant is charged with a traffic
crime or with a violation of ORS 471.430. If a court issues notice under
this paragraph, the department shall suspend the driving privileges of
the person as provided under ORS 809.280.

(b) Shall issue notice to the department to implement procedures
under ORS 809.416 if the defendant is charged with a traffic violation.
If a court issues notice under this paragraph, the department shall
implement procedures under ORS 809.416.

(2) In any notice to the department under this section, a court
shall certify that the defendant failed to appear in the proceedings in
the manner required by the court or by law.

(3) At any time within five years from the date of a notice to
suspend for failure to appear given to the department under this section,
a court shall give a second notice to the department to terminate a
suspension resulting from the original notice if any of the following
occur:

(a) The base fine amount or fine set by the court is paid.

(b) The court finds the defendant not guilty or orders a dismissal
of the case.

(c) The court determines that the suspension for failure to pay or
appear should be terminated for good cause.

(4) Notifications by a court to the department under this section
shall be in a form prescribed by the department.

(5) A court shall not notify the department under this section for
failure to appear on any parking, pedestrian or bicyclist offense. [1983
c.338 §393; 1985 c.16 §209; 1985 c.669 §15; 1989 c.161 §1; 1991 c.702 §6;
1995 c.142 §3; 1999 c.1051 §281; 2001 c.817 §1; 2001 c.823 §27]A court may suspend or revoke the driving privileges to
operate a motor vehicle in this state of any nonresident for any cause
for which the driving privileges of a resident of this state may be
suspended or revoked. [1983 c.338 §394](1)(a) Notwithstanding ORS
809.409 (2), the court shall order that a person’s driving privileges be
permanently revoked if the person is convicted of any degree of murder or
of manslaughter in the first degree and the court finds that the person
intentionally used a motor vehicle as a dangerous weapon resulting in the
death of the victim.

(b) The court shall order that a person’s driving privileges be
permanently revoked if the person is convicted of felony driving while
under the influence of intoxicants in violation of ORS 813.010 or if the
person is convicted of misdemeanor driving while under the influence of
intoxicants in violation of ORS 813.010 or its statutory counterpart in
any other jurisdiction for a third or subsequent time.

(2)(a) A person whose driving privileges are revoked as described
in subsection (1) of this section may file a petition in the circuit
court of the county in which the person resides for an order restoring
the person’s driving privileges. A petition may be filed under this
subsection no sooner than 10 years after the person is:

(A) Released on parole or post-prison supervision; or

(B) Sentenced to probation if the probation is not revoked and the
person is thereafter discharged without the imposition of a sentence of
imprisonment.

(b) The district attorney of the county in which the person resides
shall be named and served as the respondent in the petition.

(3) The court shall hold a hearing on a petition filed in
accordance with subsection (2) of this section. In determining whether to
grant the petition, the court shall consider:

(a) The nature of the offense for which driving privileges were
revoked.

(b) The degree of violence involved in the offense.

(c) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that resulted in the
revocation.

(d) The recommendation of the person’s parole officer, which shall
be based in part on a psychological evaluation ordered by the court to
determine whether the person is presently a threat to the safety of the
public.

(e) Any other relevant factors.

(4) If, after a hearing described in subsection (3) of this
section, the court is satisfied by clear and convincing evidence that the
petitioner is rehabilitated and that the petitioner does not pose a
threat to the safety of the public, the court shall order the
petitioner’s driving privileges restored. [1993 c.761 §2; 1995 c.661 §2;
2001 c.786 §1; 2003 c.346 §2; 2003 c.402 §22; 2005 c.436 §1]Note: Section 4, chapter 346, Oregon Laws 2003, provides:

Sec. 4. The amendments to ORS 809.235, 811.182 and 813.400 by
sections 1 to 3 of this 2003 Act apply to persons whose third conviction
of misdemeanor driving while under the influence of intoxicants occurs on
or after the effective date of this 2003 Act [January 1, 2004]. [2003
c.346 §4]Note: Section 3, chapter 436, Oregon Laws 2005, provides:

Sec. 3. The amendments to ORS 809.235 and 813.400 by sections 1 and
2 of this 2005 Act apply to persons whose third or subsequent conviction
of misdemeanor driving while under the influence of intoxicants occurs on
or after the effective date of this 2005 Act [January 1, 2006]. [2005
c.436 §3](1) If a person is
convicted of an offense that will result in mandatory suspension or
revocation under ORS 809.409, 809.411, 809.413, 813.400 or 813.403, the
trial judge shall:

(a) Impose the revocation or suspension at the time of conviction
for the required period; and

(b) Comply with the requirements under ORS 809.275 to take
possession of the license or driver permit of the person.

(2) When necessary to give full effect to this section, a court
shall issue a temporary driver permit under ORS 807.320. [1983 c.338
§395; 1985 c.16 §210; 1991 c.185 §5; 2003 c.402 §23] (1)
Whenever a person who is 17 years of age or younger, but not younger than
13 years of age, is convicted of any offense described in this subsection
or determined by a juvenile court to have committed one of the described
offenses, the court in which the person is convicted shall prepare and
send to the Department of Transportation, within 24 hours of the
conviction or determination, an order of denial of driving privileges for
the person so convicted. This section applies to ORS 166.370 and to any
offense involving the delivery, manufacture or possession of controlled
substances or the possession, use or abuse of alcohol.

(2) If a court has issued an order of denial of driving privileges
under this section, the court, upon petition of the person, may review
the order and may withdraw the order at any time the court deems
appropriate except as provided in the following:

(a) A court may not withdraw an order for a period of 90 days
following the issuance of the order if it is the first such order issued
with respect to the person.

(b) A court may not withdraw an order for a period of one year
following the issuance of the order if it is the second or subsequent
such order issued with respect to the person.

(c) Notwithstanding paragraph (a) of this subsection, a court may
not withdraw an order for a period of six months if the order is based on
a determination or conviction involving controlled substances.

(3) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280. [1985 c.16 §206; 1991
c.835 §3; 1993 c.625 §6; 1999 c.1051 §88](1) Unless the court finds compelling circumstances not to
order suspension of driving privileges, the court in which a person is
convicted of an offense described in this subsection shall prepare and
send to the Department of Transportation, within 24 hours of the
conviction, an order of suspension of driving privileges of the person.
This subsection applies when a person is convicted of:

(a) Any offense involving manufacturing, possession or delivery of
controlled substances.

(b) Driving while under the influence of intoxicants in violation
of ORS 813.010 or of a municipal ordinance if the person was under the
influence of an inhalant or a controlled substance.

(2) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280. [1991 c.835 §2; 1999
c.619 §7; 1999 c.1051 §139](Additional Authority of Court) A
court shall add a $15 fee to the judgment in any case in which the court
gives notice to the Department of Transportation of the suspension or
restriction of a defendant’s driving privileges. The fee shall be added
to the judgment without further notice to the defendant or further order
of the court. This section applies to suspensions or restrictions ordered
by a court for failure of a person to comply with a court order or with
any conditions imposed by the court, for failure to pay a fine or for
failure to appear as required by ORS 153.061. [1995 c.142 §2; 1999 c.1051
§140; 2001 c.823 §26](1) A court may require that a defendant
convicted of a traffic offense successfully complete, within a time fixed
by the judge, a defensive driving or other appropriate driver improvement
course conducted by the Department of Transportation or any other
rehabilitative program and may use the suspension or restriction of the
person’s driving privileges or right to apply for driving privileges to
enforce the requirement by ordering:

(a) The suspension until the defendant successfully completes the
program; or

(b) The suspension or restriction if the defendant fails to
successfully complete the program.

(2) The authority granted under this section is in addition to any
fine or imprisonment authorized by law, including probation and
suspension of imposition or execution of any sentence upon conditions
ordered by the court.

(3) If a court places restrictions on driving privileges under this
section:

(a) The judge shall immediately advise the department of the
restrictions in writing.

(b) Upon removal of such restrictions, the court shall notify the
department in writing that the restriction is ended.

(c) The restriction shall remain in effect until ended by the court.

(d) The department shall take action as provided under ORS 807.120
on restrictions imposed under this section.

(e) The restrictions may include any restriction, condition or
requirement.

(f) Violation of the restriction is punishable as provided under
ORS 807.010.

(4) If suspension is ordered under this section:

(a) The court shall so notify the department and the department
shall impose the suspension of the driving privileges as provided under
ORS 809.280.

(b) The court shall notify the department of reinstatement after
any suspension ordered under this section.

(c) The department shall take action on the suspension or
reinstatement as provided under ORS 809.280.

(d) The judge shall comply with the requirements under ORS 809.275
to take possession of the license or permit of the person. [1983 c.338
§388; 1985 c.16 §204; 1993 c.18 §169](Procedures Following Court Suspension or Revocation)(1) A court shall take immediate
possession of any license or driver permit held by a defendant that is
issued by any jurisdiction if the court imposes a suspension under ORS
809.120, 809.240 or 809.270.

(2) Upon taking possession of a license or permit under this
section, a court shall immediately forward to the Department of
Transportation the license or permit and a copy of the suspension or
revocation order or other information satisfactory to the department and
to the State Court Administrator.

(3) A suspension or revocation of driving privileges becomes
effective on the date a court takes possession of a license or permit
under this section or orders the suspension or revocation. [Formerly
809.250](1) This section
establishes the procedures the Department of Transportation shall follow
when a court orders or recommends the suspension or revocation of driving
privileges. This section also establishes the period of time the
revocation or suspension will be effective.

(2) When a court orders a suspension of driving privileges under
ORS 809.270, the department shall immediately make proper entry in its
files and records and take other action as necessary to implement the
order. The suspension shall remain in force until the department is
notified by the court that the suspension is ended, except that, if the
department is ordered to automatically restore the driving privileges
upon the successful completion of a program, the department shall do so
and shall notify the judge that the person has complied with the order of
the judge.

(3) When a court recommends a suspension of driving privileges
under ORS 809.120, the department shall impose the suspension as
recommended by the court.

(4) When a court notifies the department under ORS 809.130 of an
unsettled judgment, the department shall suspend and, subject to any
other requirements of law, restore the driving privileges upon
appropriate notification from the court under ORS 809.130, except that
the department shall only impose the suspension after the department has
determined that:

(a) The judgment was rendered against the person;

(b) The judgment has remained unsettled as described in ORS 809.470
for 60 days; and

(c) The judgment continues to be unsettled as described in ORS
809.470.

(5) When a court notifies the department under ORS 419C.472 or
809.220 to suspend for failure to appear, the department shall suspend
the driving privileges of the person for an indefinite period. The
department shall terminate the suspension upon notification by the court
or upon the elapse of five years from the date of suspension. A
suspension under this subsection shall be placed on the defendant’s
driving record. The department shall not suspend any driving privileges
under this subsection for a person’s failure to appear on a parking,
pedestrian or bicyclist offense.

(6) When a court sends the department a license or otherwise
notifies the department under ORS 810.310, the department shall suspend
the driving privileges of the person for an indefinite period. The
department shall terminate the suspension ordered under this section upon
notification by the court or upon the lapse of five years from the date
of suspension, whichever comes first.

(7) In addition to any other authority to suspend driving
privileges under the vehicle code, the department shall suspend all
driving privileges of any person upon receipt of an order of denial of
driving privileges under ORS 809.260. The suspension shall be imposed
without hearing. The driving privileges of the person shall be suspended
as provided in the following:

(a) Upon receipt of the first order denying driving privileges, the
department shall impose a suspension for one year, or until the person so
suspended reaches 17 years of age, whichever is longer.

(b) Upon receipt of a second or subsequent order denying driving
privileges, the department shall suspend for one year or until the person
reaches 18 years of age, whichever is longer.

(8) If the department receives notice from a court that it has
withdrawn an order issued under ORS 809.260, the department shall
immediately reinstate any driving privileges that have been suspended
under subsection (7) of this section because of the issuance of the order.

(9) When a court orders suspension of driving privileges under ORS
165.805 or 471.430, the department shall impose the suspension as ordered
by the court.

(10) When a court orders a suspension of driving privileges under
ORS 809.265, the department shall immediately suspend all driving
privileges of the person. Upon receipt of an order suspending driving
privileges, the department shall impose a suspension for six months.

(11) When a court orders revocation of driving privileges as
provided in ORS 809.235, the department shall impose the revocation as
ordered. The revocation shall remain in effect until the department is
notified by a court that the person’s driving privileges have been
ordered restored.

(12) When a court orders suspension of driving privileges under ORS
811.109, the department shall impose the suspension as ordered by the
court. [1983 c.338 §362; 1985 c.16 §177; 1985 c.597 §23; 1985 c.669 §12;
1987 c.730 §15; 1991 c.835 §4; 1991 c.860 §3; 1993 c.751 §57; 1993 c.761
§3; 1999 c.359 §3; 1999 c.770 §4; 2001 c.817 §8; 2005 c.491 §2](Cancellation, Refusal to Issue, Suspension or Revocation)(1)
The Department of Transportation may cancel any driving privileges upon
determining that the person is not entitled to the driving privileges
under the vehicle code. The department may reissue driving privileges
canceled under this subsection when the applicant has satisfied all
requirements for the driving privileges sought.

(2) The department may cancel any driver license or permit that
contains any error or defect or that is found to have been issued on the
basis of false information given to the department. Cancellation under
this subsection is in addition to any suspension of driving privileges
authorized for the same conduct.

(3) The department may suspend any driving privileges or right to
apply for privileges or any identification card or right to apply for a
card upon determining that the person issued or applying for the driving
privileges or identification card has committed any of the following acts:

(a) Failed to give the required or correct information in the
application for the driving privileges or for an identification card, in
violation of ORS 807.430 or 807.530.

(b) Committed false swearing in making application for the driving
privileges in violation of ORS 807.520.

(c) Used an invalid license or identification card in violation of
ORS 807.430 or 807.580.

(d) Permitted misuse of license, permit or identification card in
violation of ORS 807.430 or 807.590.

(e) Used the license, permit or identification card of another in
violation of ORS 807.430 or 807.600.

(f) Produced identification cards, licenses, permits, forms or
camera cards in violation of ORS 807.500.

(g) Transferred documents for the purpose of misrepresentation in
violation of ORS 807.510.

(h) Given false information to a police officer in violation of ORS
807.620.

(4) Upon suspension or cancellation of driving privileges under
this section, a person whose privileges are suspended or 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.

(5) To obtain driving privileges after the period of suspension or
cancellation under this section, a person must reapply for driving
privileges in the manner established by law. [1983 c.338 §345; 1985 c.393
§8; 1987 c.272 §1; 1993 c.393 §6](1) If an applicant for driving privileges must have a parent
or legal guardian sign the application before the person qualifies under
ORS 807.060, that parent or legal guardian who has signed the application
may thereafter file with the Department of Transportation a written
request that the driving privileges of the person so granted be canceled.

(2) The department shall cancel the driving privileges of a person
upon written request under this section if the person is under 18 years
of age. [1983 c.338 §346; 1985 c.16 §162; 2005 c.143 §2](1) For purposes of determining whether grounds exist
for revoking or suspending driving privileges, an unvacated forfeiture of
bail in another state equals a conviction.

(2) A suspension or revocation of driving privileges ordered by a
court shall run concurrently with any mandatory suspension or revocation
ordered by the Department of Transportation and arising out of the same
conviction.

(3) Judicial review of orders denying, suspending or revoking a
license, except where such suspension or revocation is mandatory, shall
be as provided in ORS chapter 183.

(4) Whenever the department or a court has reason under any laws of
this state to suspend or revoke the driving privileges of any person who
does not hold current driving privileges to operate motor vehicles or
whose driving privileges are due to expire during a suspension period,
the department or court shall suspend or revoke the right of such person
to apply for driving privileges to operate motor vehicles in this state.
A suspension or revocation of a right to apply for driving privileges
under this subsection shall be for the period provided by law.

(5) Whenever the department or a court has reason under any laws of
this state to suspend the commercial driver license of any person who
does not hold a current commercial driver license or whose commercial
driver license is due to expire during a suspension period, the
department or court shall suspend the right of such person to apply for a
commercial driver license in this state. A suspension of a right to apply
for a commercial driver license under this subsection shall be for the
period provided by law.

(6) Notwithstanding any other provision of law, a person who holds
a farm endorsement described in ORS 807.035 while operating within the
limitations of the endorsement is not subject to suspension of a
commercial driver license or of the right to apply for a commercial
driver license for any offense that would subject the driver of a
commercial motor vehicle to such sanction. Nothing in this subsection
prohibits suspension of the person’s Class C driver license or the right
to apply for such a license. [1983 c.338 §348; 1987 c.272 §2; 1989 c.636
§34; 1999 c.1051 §282; 2003 c.14 §487] All of
the following apply to a person whose driving privileges have been
suspended:

(1) The period of suspension shall last as long as provided for
that particular suspension by law.

(2) During the period of suspension, the person is not entitled to
exercise any driving privileges in this state except as provided under
this subsection. Unless otherwise specifically provided by law, a person
whose driving privileges are suspended may obtain, if the person
qualifies, a hardship driver permit under ORS 807.240, and exercise
driving privileges under the driver permit.

(3) Upon expiration of the suspension, the Department of
Transportation shall reissue, upon request of the person, the suspended
driving privileges and any license or driver permit that evidences the
driving privileges. The reissuance shall be without requalification by
the person except that the department may require the person to furnish
evidence satisfactory to the department that the person is qualified to
continue to exercise driving privileges in this state before the
department reissues the driving privileges.

(4) The department may not issue any driving privileges in
contradiction to this section.

(5) If the person fails to surrender to the department any license
or driver permit issued as evidence of driving privileges that are
suspended, the person is subject to the penalties under ORS 809.500.

(6) No reinstatement of suspended driving privileges will be made
by the department until the fee for reinstatement of suspended driving
privileges established under ORS 807.370 is paid to or waived by the
department. The department may waive the reinstatement fee for any of the
following reasons:

(a) The suspension occurred under ORS 809.419 for failure to take
an examination upon request of the department under ORS 807.340.

(b) The suspension occurred under ORS 809.419 for failure to obtain
required medical clearance upon request of the department under ORS
807.070 or 807.090.

(c) The suspension occurred under ORS 809.419 for incompetence to
drive a motor vehicle or having a mental or physical condition or
impairment that affects the person’s ability to safely operate a motor
vehicle.

(d) The suspension occurred under ORS 809.419 upon notification by
the superintendent of a hospital under ORS 807.700 that a person should
not drive.

(e) The suspension occurred under ORS 809.419 upon notification by
a court under ORS 810.375 that a person charged with a traffic offense
has been found guilty except for insanity.

(f) The department committed an error in issuing the suspension.

(g) The suspension was the result of an error committed by an
insurance company in issuing or failing to issue a certification of
insurance or in canceling a certification of insurance filed with the
department under ORS 806.270.

(h) The department issued the suspension without error because the
person failed to respond as required under ORS 806.160 or to furnish
proof of exemption under ORS 806.210 from the filing requirement of ORS
806.200, but the department later determines that the person in fact was
in compliance with financial responsibility requirements as of the date
of the department’s letter of verification under ORS 806.150 or at the
time of an accident described in ORS 806.200.

(i) The department issued the suspension without error because the
person was not in compliance with financial responsibility requirements
as of the date of the department’s letter of verification under ORS
806.150 or at the time of an accident described in ORS 806.200, but the
department later determines 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 or at
the time of the accident.

(j) The suspension was the result of an error committed by an
insurance company in notifying the department regarding the correctness
of a certification under ORS 806.150.

(k) The suspension occurred because the person failed to make
future responsibility filings but the department later determines that
the reason for the failure was that the person was a military reservist
or a member of a national guard unit that was ordered to active military
duty to a location outside of the United States. The effective date of
the military orders must be prior to the effective date of a suspension
issued by the department for failure to make a future responsibility
filing.

(L) The department issued the suspension without error because the
department received a notice to suspend from a court under ORS 809.210 or
809.220, but the department later determines that the person in fact was
in compliance with the requirements of the court prior to the effective
date of the suspension. [1983 c.338 §350; 1985 c.16 §164; 1985 c.173 §1;
1985 c.393 §9; 1985 c.669 §17a; 1985 c.714 §8; 1987 c.137 §3; 1987 c.258
§8; 1987 c.272 §3; 1987 c.801 §7; 1989 c.224 §139; 1991 c.474 §1; 2003
c.402 §26; 2005 c.104 §1; 2005 c.140 §3] All of
the following apply to a person whose driving privileges have been
revoked:

(1) The period of revocation shall last as long as required for the
revocation by law.

(2) During the period of revocation, the person is not entitled to
exercise any driving privileges in this state or to apply for or receive
any driving privileges in this state except when a person who has been
determined to be a habitual offender is permitted to obtain driving
privileges under a probationary driving permit as described under ORS
807.270 and 809.650. This subsection prohibits the issuance of any driver
permit, including a hardship permit described under ORS 807.240, to a
person whose driving privileges or right to apply for driving privileges
are revoked except as provided for the probationary driving permit under
ORS 807.270.

(3) Upon expiration of the revocation period, the person must
reapply for driving privileges in the manner established by law and must
reestablish the person’s eligibility for issuance of driving privileges.
If driving privileges are revoked because the person is a habitual
offender, the person must meet the additional eligibility requirements
for reinstatement of driving privileges under ORS 809.650 and 809.660.

(4) The Department of Transportation may issue new driving
privileges to a person before the expiration of the revocation period if
the person is otherwise entitled to be issued driving privileges and
when, with reference to a conviction upon which the revocation was based,
the Governor has pardoned the person of the crime.

(5) The department shall not issue any driving privileges in
contradiction to this section.

(6) If the person fails to surrender to the department any license
or driver permit issued as evidence of driving privileges that are
revoked, the person is subject to the penalty under ORS 809.500.

(7) No reinstatement of revoked driving privileges will be made by
the department until the fee for reinstatement of revoked driving
privileges established under ORS 807.370 is paid to or waived by the
department. The department may waive the reinstatement fee if the
department committed an error in issuing the revocation. [1983 c.338
§351; 1985 c.16 §165; 1985 c.393 §10; 1985 c.669 §1; 1987 c.801 §8]
(1)(a) Except as otherwise provided in paragraph (b) of this subsection,
the Department of Transportation may suspend or revoke the driving
privileges of any resident of this state upon receiving notice of the
conviction of such person in another jurisdiction of an offense therein
that, if committed in this state, would be grounds for the suspension or
revocation of the driving privileges of the person. A suspension or
revocation under this subsection shall be initiated within 30 days of
receipt of notice of the conviction. Violation of a suspension or
revocation imposed under this subsection shall have the same legal
effects and consequences as it would if the offense committed in the
other jurisdiction had been committed in this jurisdiction.

(b) The department may not suspend or revoke driving privileges
under this subsection unless notice of conviction is received within 180
days of the date of the conviction.

(2) The department may suspend or revoke the driving privileges of
any resident of this state upon receiving notice from another state,
territory, federal possession or district or province of Canada that the
person’s driving privileges in that jurisdiction have been suspended or
revoked. Violation of the suspension or revocation shall have the same
legal effects and consequences as it would if the suspension or
revocation had been imposed initially in this state upon the same
grounds. The suspension or revocation under this subsection shall
continue until the person suspended or revoked furnishes evidence of any
of the following:

(a) Compliance with the law of the other jurisdiction or the
restoration of driving privileges in that jurisdiction.

(b) That the revocation or suspension in the other jurisdiction was
not under circumstances that would require the department to suspend or
revoke the driving privileges of the person under the laws of this state.

(3) A person is entitled to administrative review of a suspension
under this section. [1983 c.338 §352; 1987 c.272 §4; 1987 c.730 §16; 1989
c.171 §90; 1989 c.398 §1; 1989 c.636 §35; 1991 c.595 §1; 1991 c.702 §11;
2005 c.649 §24]
(1) The Department of Transportation shall suspend a person’s commercial
driver license or right to apply for a commercial driver license if the
person is disqualified from holding a commercial driver license under
this section. A person is entitled to administrative review under ORS
809.440 of a suspension under this section.

(2) A person is disqualified from holding a commercial driver
license if the person has two or more of any of the following in any
combination:

(a) A record of conviction for driving while under the influence of
intoxicants under ORS 813.010 and the person was driving a motor vehicle
or a commercial motor vehicle at the time of the offense.

(b) A suspension of the person’s commercial driver license under
ORS 813.410 for refusal to submit to a test under ORS 813.100 and the
person was driving a motor vehicle or a commercial motor vehicle at the
time of the offense.

(c) A suspension of the person’s commercial driver license under
ORS 813.410 because the person submitted to a breath or blood test and
the person’s blood, as shown by the test, had 0.04 percent or more by
weight of alcohol and the person was driving a commercial motor vehicle
at the time of the offense.

(d) A record of conviction under ORS 811.700 or 811.705 of failure
to perform the duties of a driver and the person was driving a motor
vehicle or a commercial motor vehicle at the time of the offense.

(e) A record of conviction of a crime punishable as a felony, other
than a felony described in subsection (3) of this section, and the person
was driving a motor vehicle or a commercial motor vehicle at the time of
the offense.

(f) A record of conviction for driving a commercial motor vehicle
while, as a result of prior violations committed while driving a
commercial motor vehicle, the person’s commercial driver license had been
suspended or revoked.

(g) A record of conviction of any degree of murder, manslaughter or
criminally negligent homicide resulting from the operation of a
commercial motor vehicle or assault in the first degree resulting from
the operation of a commercial motor vehicle.

(3) A person is disqualified from holding a commercial driver
license if the person has a record of conviction for a crime punishable
as a felony that involves the manufacturing, distributing or dispensing
of a controlled substance, as defined in ORS 475.005, and in which a
motor vehicle or a commercial motor vehicle was used. Notwithstanding
subsection (4) of this section, the department may not issue or reinstate
a commercial driver license for the lifetime of a person whose commercial
driver license is suspended under this subsection.

(4) Ten years after a person is disqualified from holding a
commercial driver license under subsection (2) of this section, the
person may apply to the department for the right to apply for a
commercial driver license or for reinstatement of the person’s commercial
driver license. The department may issue or reinstate a commercial driver
license to a person who meets all other requirements for the issuance of
a commercial driver license if the department, in the discretion of the
department, finds good cause shown and finds that the person voluntarily
entered and successfully completed rehabilitation as approved by the
department.

(5) Notwithstanding subsection (4) of this section, if a person
whose commercial driver license is issued or reinstated under subsection
(4) of this section receives a subsequent conviction or suspension
described in subsection (2) of this section, the department shall suspend
the person’s commercial driver license or right to apply for a commercial
driver license for the lifetime of the person.

(6) For the purposes of this section:

(a) Second or subsequent records of conviction or suspensions apply
only if the convictions or suspensions arose out of separate incidents.

(b) A record of conviction or suspension applies to a person who
does not hold a commercial driver license only if the person was driving
a commercial motor vehicle at the time of the commission of the offense.
[2005 c.649 §13]Note: Section 14, chapter 649, Oregon Laws 2005, provides:

Sec. 14. Section 13 of this 2005 Act [809.404] applies to:

(1) Except as provided in subsection (2) of this section, offenses
committed before, on or after the effective date of this 2005 Act [July
27, 2005] if the person was driving a commercial motor vehicle at the
time of the offense.

(2) Offenses committed on or after the effective date of this 2005
Act if the offense is not an offense described in subsection (1) of this
section or if the offense is the offense described in section 13 (2)(f)
of this 2005 Act. [2005 c.649 §14](1) The driver of a commercial motor
vehicle is subject to suspension of the driver’s commercial driver
license upon conviction of any of the following:

(a) Failure to stop for a railroad signal in violation of ORS
811.455.

(b) Failure to follow rail crossing procedures for high-risk
vehicles in violation of ORS 811.460.

(c) Obstructing a rail crossing in violation of ORS 811.475.

(d) Failure of the operator of a commercial motor vehicle to slow
down and check that tracks are clear of an approaching train in violation
of ORS 811.462.

(2) Upon receipt of a record of conviction for an offense described
in subsection (1) of this section, the Department of Transportation shall
suspend the convicted person’s commercial driver license for the
following periods of time:

(a) Sixty days, upon receipt of a first record of conviction.

(b) One hundred and twenty days, if commission of a second offense
and the conviction for a separate offense occur within a three-year
period.

(c) One year, if commission of a third or subsequent offense and
two or more convictions for separate offenses occur within a three-year
period.

(3) A person is entitled to administrative review under ORS 809.440
of a suspension under this section. [2001 c.492 §2; 2003 c.402 §27] (1)(a) Upon receipt of
a record of conviction of an offense described in this section, the
Department of Transportation shall revoke the driving privileges of the
person convicted.

(b) A person is entitled to administrative review under ORS 809.440
of a revocation under this section.

(c) Except as otherwise provided in subsections (2) and (3) of this
section, the revocation shall be for a period of one year from the date
of revocation, except that the department may not reinstate driving
privileges of any person whose privileges are revoked under this section
until the person complies with future responsibility filings.

(2) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a motor vehicle and assault in the first degree resulting
from the operation of a motor vehicle, except that the provisions of this
subsection do not apply to a person whose driving privileges are ordered
revoked under ORS 809.235. A person whose driving privileges are revoked
under this subsection may apply for reinstatement of driving privileges:

(a) If the sentence for the offense includes incarceration, eight
years from the date the person is released from incarceration for the
offense; or

(b) If the sentence does not include incarceration, eight years
from the date the department revoked the privileges under this subsection.

(3) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of failure to perform the
duties of a driver to injured persons under ORS 811.705. The department
shall revoke driving privileges under this subsection for a period of
five years if the court indicates on the record of conviction that a
person was killed as a result of the accident. The person may apply for
reinstatement of privileges five years after the date the person was
released from incarceration, if the sentence includes incarceration. If
the sentence does not include incarceration, the person may apply for
reinstatement five years from the date the revocation was imposed under
this subsection.

(4) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of perjury or the making
of a false affidavit to the department under any law of this state
requiring the registration of vehicles or regulating their operation on
the highways.

(5) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of any felony with a
material element involving the operation of a motor vehicle. [2003 c.402
§2] (1)(a) Upon receipt of
a record of conviction for an offense described in this section, the
Department of Transportation shall suspend the driving privileges of the
person convicted.

(b) A person is entitled to administrative review under ORS 809.440
of a suspension under this section.

(c) Except as otherwise provided in subsections (7), (8), (9) and
(10) of this section, the suspension shall be for the period of time
described in Schedule I of ORS 809.428, except that the department may
not reinstate driving privileges of any person whose privileges are
suspended under this section until the person complies with future
responsibility filings.

(2) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of any degree of
recklessly endangering another person, menacing or criminal mischief
resulting from the operation of a motor vehicle.

(3) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of reckless driving under
ORS 811.140.

(4) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of failure to perform
duties of a driver when property is damaged under ORS 811.700.

(5) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of fleeing or attempting
to elude a police officer under ORS 811.540.

(6) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of reckless endangerment
of highway workers under ORS 811.231 (1).

(7) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of theft under ORS
164.043, 164.045 or 164.055 when the theft was of gasoline. A suspension
under this subsection shall continue for a period of six months from the
date of suspension.

(8) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of criminal trespass under
ORS 164.245 that involves the operation of a motor vehicle. A suspension
under this subsection shall continue for a period of six months from the
date of suspension.

(9) The department shall take action under subsection (1) of this
section upon receipt of a record of conviction of an offense described in
ORS 809.310. A suspension under this subsection shall continue for a
period of one year from the date of the suspension.

(10)(a) The department shall take action under subsection (1) of
this section upon receipt of a record of conviction of assault in the
second, third or fourth degree resulting from the operation of a motor
vehicle.

(b) A person who is convicted of assault in the second degree and
whose driving privileges are suspended under this subsection may apply
for reinstatement of driving privileges eight years from the date the
person is released from incarceration for the conviction, if the sentence
includes incarceration. If the sentence for the conviction does not
include incarceration, the person may apply for reinstatement of driving
privileges eight years from the date the department suspended the
privileges under this subsection.

(c) A person who is convicted of assault in the third degree and
whose driving privileges are suspended under this subsection may apply
for reinstatement of driving privileges five years from the date the
person is released from incarceration for the conviction, if the sentence
includes incarceration. If the sentence for the conviction does not
include incarceration, the person may apply for reinstatement of driving
privileges five years from the date the department suspended the
privileges under this subsection.

(d) A person who is convicted of assault in the fourth degree and
whose driving privileges are suspended under this subsection may apply
for reinstatement of driving privileges one year from the date the person
is released from incarceration for the conviction, if the sentence
includes incarceration. If the sentence for the conviction does not
include incarceration, the person may apply for reinstatement of driving
privileges one year from the date the department suspended the privileges
under this subsection. [2003 c.402 §3; 2005 c.403 §1]A determination by a juvenile court that a
child within its jurisdiction has committed any act that is grounds for
suspension or revocation of driving privileges under ORS 809.409 or
809.411 is equivalent to a conviction and the juvenile court has the same
authority to order suspensions of driving privileges and take other
actions in relation to the driving privileges of the child as other
courts have in relation to adult traffic offenders. [Formerly 809.370]Note: 809.412 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 809 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation.The Department of Transportation shall suspend the commercial
driver license of a person when the department receives a record of
conviction, notification or notice described in this section. A person is
entitled to administrative review under ORS 809.440 of a suspension under
this section. The department shall suspend the commercial driver license
when the department receives:

(1) A record of conviction under ORS 811.700 or 811.705 of failure
to perform the duties of a driver while operating a motor vehicle or a
commercial motor vehicle. A conviction under this subsection shall result
in:

(a) A suspension for a period of one year if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.

(b) A suspension for a period of three years if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was driving a commercial motor vehicle containing a
hazardous material at the time of the offense.

(c) Suspension of the commercial driver license for the lifetime of
the person if the person has previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404.

(2) A record of conviction of a crime punishable as a felony
involving the operation of a motor vehicle or a commercial motor vehicle,
other than the felony described in subsection (3) of this section. A
conviction under this subsection shall result in:

(a) A suspension for a period of one year if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.

(b) A suspension for a period of three years if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was driving a commercial motor vehicle containing a
hazardous material at the time of the offense.

(c) Suspension of the commercial driver license for the lifetime of
the person if the person has previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404.

(3) A record of conviction of a crime punishable as a felony that
involves the manufacturing, distributing or dispensing of a controlled
substance, as defined in ORS 475.005, and in which a motor vehicle or
commercial motor vehicle was used. A conviction under this subsection
shall result in a lifetime suspension of the person’s commercial driving
license.

(4) A record of conviction for driving a commercial motor vehicle
while, as a result of prior violations committed while operating a
commercial motor vehicle, the commercial driver license of the driver had
been suspended or revoked. A conviction under this subsection shall
result in:

(a) A suspension for a period of one year if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.

(b) A suspension for a period of three years if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was driving a commercial motor vehicle containing a
hazardous material at the time of the offense.

(c) Suspension of the commercial driver license for the lifetime of
the person if the person has previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404.

(5) A record of conviction of any degree of murder, manslaughter or
criminally negligent homicide resulting from the operation of a
commercial motor vehicle or assault in the first degree resulting from
the operation of a commercial motor vehicle. A conviction under this
section shall result in:

(a) A suspension for a period of one year if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.

(b) A suspension for a period of three years if:

(A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404; and

(B) The person was driving a commercial motor vehicle containing a
hazardous material at the time of the offense.

(c) Suspension of the commercial driver license for the lifetime of
the person if the person has previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license suspended as
described in ORS 809.404.

(6) A record of conviction of a serious traffic violation if the
conviction occurred within three years of a previous conviction for a
serious traffic violation and if the convictions arose out of separate
incidents. A suspension under this subsection shall be:

(a) For a period of 60 days if the conviction is the person’s
second conviction for a serious traffic violation within the three-year
period.

(b) For a period of 120 days if the conviction is the person’s
third or subsequent conviction for a serious traffic violation within the
three-year period. A suspension imposed under this paragraph shall be
consecutive to any other suspension imposed for a serious traffic
violation.

(7) Notification that a person violated an out-of-service order
issued under ORS 813.050 or has knowingly violated any other
out-of-service order or notice. Notification under this subsection may
include, but not be limited to, a record of conviction and a record of a
determination by a state or federal agency with jurisdiction to make a
determination that the person has violated an out-of-service order or
notice. A suspension under this subsection shall be:

(a) Except as provided in paragraph (b) of this subsection, for a
period of 90 days if the notification relates to the person’s first
violation of an out-of-service order or notice.

(b) For a period of one year if the notification relates to the
person’s first violation of an out-of-service order or notice and the
person committed the violation while transporting hazardous materials
required to be placarded or while operating a motor vehicle designed to
transport 16 or more persons, including the driver.

(c) Except as provided in paragraph (d) of this subsection, for a
period of three years if the notification relates to a second or
subsequent violation of an out-of-service notice or order that occurred
within a 10-year period.

(d) For a period of five years if the notification relates to a
second or subsequent violation of an out-of-service notice or order that
occurred within a 10-year period and the person committed the violation
while transporting hazardous materials required to be placarded or was
operating a motor vehicle designed to transport 16 or more persons,
including the driver, regardless of the load or kind of vehicle involved
in the prior violation.

(8) Notification from the Federal Motor Carrier Safety
Administration that a person in this state who holds a commercial driver
license in this state has been disqualified from operating a commercial
motor vehicle and that the disqualification is due to a determination
that the driving of that person constitutes an imminent hazard. A
suspension under this subsection shall be made immediately and for the
period prescribed by the Federal Motor Carrier Safety Administration,
except that:

(a) Notwithstanding any disqualification hearings conducted by the
Federal Motor Carrier Safety Administration, a suspension under this
subsection is subject to a post-imposition hearing under ORS 809.440.

(b) Notwithstanding the period of suspension prescribed by the
Federal Motor Carrier Safety Administration, a suspension under this
subsection may not exceed one year.

(9) Notification from another jurisdiction that the person failed
to appear on a citation for a traffic offense or for a violation in the
other jurisdiction that, if committed in this state, would be grounds for
suspension under ORS 809.220, and the person held a commercial driver
license or was operating a commercial motor vehicle at the time of the
offense. A suspension under this subsection:

(a) Shall end upon the earliest of five years from the date of
suspension or upon notification by the other jurisdiction that the person
appeared.

(b) Shall be placed on the person’s driving record regardless of
whether another jurisdiction places the suspension on the person’s
driving record.

(c) May not be for a person’s failure to appear on a parking,
pedestrian or bicyclist offense.

(10) Notification from another jurisdiction that the person failed
to pay a fine or obey an order of the court on a citation for a traffic
offense or for a violation in the other jurisdiction that, if committed
in this state, would be grounds for suspension under ORS 809.415 (4), and
the person held a commercial driver license or was operating a commercial
motor vehicle at the time of the offense. A suspension under this
subsection:

(a) Shall end upon the earliest of five years from the date of
suspension or upon notification by the other jurisdiction that the person
paid the fine or obeyed the order of the court.

(b) Shall be placed on the person’s driving record regardless of
whether another jurisdiction places the suspension on the person’s
driving record.

(c) May not be for a person’s failure to pay a fine or obey an
order of the court on a parking, pedestrian or bicyclist offense.

(11) Notice of a conviction in another jurisdiction of an offense
that, if committed in this state, would be grounds for the suspension of
the person’s commercial driver license. The period of suspension under
this subsection shall be the same as would be imposed on the person if
the conviction were for an offense committed in this state.

(12) Notification from another jurisdiction that a person who is a
resident of this state and who holds a commercial driver license has had
commercial driving privileges suspended or revoked in another
jurisdiction for reasons that would be grounds for suspension of the
person’s commercial driver license in this state. The period of
suspension under this subsection shall be the same as would be imposed on
the person if the violation were committed in this state. [2003 c.402 §4;
2005 c.649 §20]Note: Section 21, chapter 649, Oregon Laws 2005, provides:

Sec. 21. The amendments to ORS 809.413 by section 20 of this 2005
Act apply to:

(1) Offenses committed before, on or after the effective date of
this 2005 Act [July 27, 2005] if:

(a) The suspension period is enhanced based on a prior offense as
provided in ORS 809.413 (1), (2), (3) and (5) and the person was driving
a commercial motor vehicle at the time of the offense; or

(b) The offense is an offense described in ORS 809.413 (6), (7),
(11) or (12).

(2) Offenses committed on or after the effective date of this 2005
Act if the offense is an offense not described in subsection (1) of this
section or if the offense is an offense described in ORS 809.413 (4),
(8), (9) and (10). [2005 c.649 §21](1)(a) The Department of Transportation shall
suspend the driving privileges of a person who has a judgment of the type
described under ORS 806.040 rendered against the person if the person
does not settle the judgment in the manner described under ORS 809.470
within 60 days after its entry.

(b) A suspension under this subsection shall continue until the
person does one of the following:

(A) Settles the judgment in the manner described in ORS 809.470.

(B) Has an insurer that has been found by the department to be
obligated to pay the judgment, provided that there has been no final
adjudication by a court that the insurer has no such obligation.

(C) Gives evidence to the department that a period of seven years
has elapsed since the entry of the judgment.

(D) Receives from the court that rendered the judgment an order
permitting the payment of the judgment in installments.

(c) A person is entitled to administrative review under ORS 809.440
of a suspension under this subsection.

(2)(a) The department shall suspend the driving privileges of a
person who falsely certifies the existence of a motor vehicle liability
insurance policy or the existence of some other means of satisfying
financial responsibility requirements or of a person who, after
certifying the existence of a motor vehicle liability insurance policy or
other means of satisfying the requirements, allows the policy to lapse or
be canceled or otherwise fails to remain in compliance with financial
responsibility requirements.

(b) Notwithstanding paragraph (a) of this subsection, the
department may suspend under this subsection only if proof of compliance
with financial responsibility requirements as of the date of the letter
of verification from the department under ORS 806.150 is not submitted
within 30 days after the date of the mailing of the department’s demand
under ORS 806.160.

(c) A suspension under this subsection shall continue until the
person complies with future responsibility filings.

(3)(a) The department shall suspend the driving privileges of a
person who fails to comply with future responsibility filings whenever
required under the vehicle code or fails to provide new proof for future
responsibility filings when requested by the department.

(b) A suspension under this subsection shall continue until the
person complies with future responsibility filings.

(c) A person whose initial obligation to make future responsibility
filings is not based upon a conviction or other action by a court is
entitled to a hearing under ORS 809.440 prior to a suspension under this
subsection. A person whose obligation to make future responsibility
filings is based upon a conviction or other action by a court is entitled
to administrative review under ORS 809.440 of a suspension under this
subsection. A person whose suspension under this subsection is based on
lapses in filing after the initial filing has been made is entitled to
administrative review under ORS 809.440.

(4)(a) The department shall suspend driving privileges when
provided under ORS 809.416. The suspension shall continue until the
earlier of the following:

(A) The person establishes to the satisfaction of the department
that the person has performed all acts necessary under ORS 809.416 to
make the person not subject to suspension.

(B) Five years from the date the suspension is imposed.

(b) A person is entitled to administrative review under ORS 809.440
of a suspension under this subsection.

(5) Upon determination by the department that a person has
committed an act that constitutes an offense described in ORS 809.310,
the department may suspend any driving privileges or any identification
card of the person determined to have committed the act. A suspension
under this subsection shall continue for a period of one year. [2003
c.402 §5]

(1) A person is subject to suspension under ORS 809.415 (4) if the
Department of Transportation receives notice from a court to apply this
section under ORS 809.220. A person who is subject under this subsection
remains subject until the person presents the department with notice
issued by the court showing that the person is no longer subject to this
section or until five years have elapsed, whichever is earlier. This
subsection shall not subject a person to ORS 809.415 (4) for any
pedestrian offense, bicycling offense or parking offense. Upon receipt of
notice from a court, the department shall send a letter by first class
mail advising the person that the suspension will commence 60 days from
the date of the letter unless the person presents the department with the
notice required by this subsection.

(2) A person is subject to suspension under ORS 809.415 (4) if the
department receives notice from a court under ORS 809.210 that a person
has failed to pay a fine or obey an order of the court. A person who is
subject under this subsection remains subject until the person presents
the department with notice issued by the court showing that the person
has paid the fine or obeyed the order of the court or until five years
have elapsed, whichever is earlier. This subsection shall not subject a
person to ORS 809.415 (4) for failure to pay a fine relating to any
pedestrian offense, bicycling offense or parking offense. Upon receipt of
notice from a court, the department shall send a letter by first class
mail advising the person that the suspension will commence 60 days from
the date of the letter unless the person presents the department with the
notice required by this subsection.

(3) A person is subject to suspension under ORS 809.415 (4) if the
person pays the department any fee or tax with a bank check and the check
is returned to the department as uncollectible or the person tenders
payment with a credit or debit card and the issuer of the card does not
pay the department. A person who is subject under this subsection remains
subject until the department receives the money for the fee or tax and
any fee charged by the department under ORS 802.170 or until five years
have elapsed, whichever is earlier. [Formerly 809.290]Note: 809.416 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 809 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation. (1)(a) The
Department of Transportation shall suspend the driving privileges of a
person who fails to file an accident report required under ORS 811.725 or
811.730.

(b) A suspension under this subsection shall continue until the
person files the required report or for five years from the date of
suspension, whichever is sooner.

(2) The department shall suspend the driving privileges of any
person for a period of time required by this subsection if the person is
involved in a motor vehicle accident at any time when the department
determines the person has been operating a vehicle in violation of ORS
806.010. A suspension under this subsection shall be for a period of one
year except that the department shall not reinstate any driving
privileges to the person until the person complies with future
responsibility filing requirements.

(3)(a) The department may suspend the driving privileges of a
person who, while operating a motor vehicle, causes or contributes to an
accident resulting in death to any other person if the department has
reason to believe that the person’s incompetence, recklessness, criminal
negligence or unlawful operation of the vehicle caused or contributed to
the accident.

(b) A suspension under this subsection shall continue for a period
determined by the department and shall be subject to any conditions the
department determines to be necessary.

(c) The department may impose an immediate suspension of driving
privileges of any person described in paragraph (a) of this subsection
without hearing and without receiving a record of the conviction of the
person of a crime if the department has reason to believe that the person
may endanger people or property if the person’s driving privileges are
not immediately suspended. A suspension under this paragraph is subject
to a post-imposition hearing under ORS 809.440. [2003 c.402 §6; 2003
c.402 §6b]Note: Section 6c, chapter 402, Oregon Laws 2003, provides:

Sec. 6c. The amendments to section 6 of this 2003 Act [809.417] by
section 6b of this 2003 Act apply to accidents occurring on or after the
effective date of this 2003 Act [January 1, 2004]. [2003 c.402 §6c]
(1)(a) The Department of Transportation shall suspend the driving
privileges of a person if the department requests the person to submit to
examination under ORS 807.340 and the person fails to appear within a
reasonable length of time after being notified to do so or fails to
satisfactorily complete the required examination. A suspension under this
subsection shall continue until the examination required by the
department is successfully completed.

(b) Upon suspension under this subsection, the department may issue
an identification card to the person for identification purposes as
described under ORS 807.400.

(2) The department shall suspend the driving privileges of a person
if the department requests the person to obtain medical clearance under
ORS 807.070 or 807.090 and the person fails to do so. The suspension
under this subsection shall continue until the required medical clearance
is received by the department.

(3)(a) The department may suspend the driving privileges of a
person who is incompetent to drive a motor vehicle because of a mental or
physical condition or impairment that affects the person’s ability to
safely operate a motor vehicle upon the highways.

(b) A suspension under this subsection shall continue for a period
determined by the department and shall be subject to any conditions the
department determines to be necessary.

(c) The department may impose an immediate suspension of driving
privileges of any person described in paragraph (a) of this subsection
without hearing and without receiving a record of the conviction of the
person of a crime if the department has reason to believe that the person
may endanger people or property if the person’s driving privileges are
not immediately suspended. A suspension under this paragraph is subject
to a post-imposition hearing under ORS 809.440, except that a person who
is denied a certificate of eligibility under ORS 807.090 is entitled only
to an administrative review under ORS 809.440 of the suspension.

(4)(a) Whenever the department has reason to believe an individual
with a motorcycle endorsement under ORS 807.170 is incompetent to operate
a motorcycle, the department may revoke the endorsement.

(b) Upon revocation under this subsection, the endorsed license
shall be surrendered to the department.

(c) Upon surrender of the endorsed license, the department may
issue a license without endorsement for the unexpired period of the
license.

(5) Upon notification by the superintendent of a hospital under ORS
807.700 that a person should not drive, the department shall immediately
suspend the driving privileges of the released person. A suspension under
this subsection is subject to administrative review under ORS 809.440 and
shall continue until such time as the person produces a judicial judgment
of competency or a certificate from the superintendent of the hospital
that the person is competent, or establishes eligibility under ORS
807.090.

(6) Upon notification by a court under ORS 810.375 that a person
charged with a traffic offense has been found guilty except for insanity
and committed to the jurisdiction of the Psychiatric Security Review
Board, the department shall immediately suspend the driving privileges of
the person. A suspension under this subsection is subject to
administrative review under ORS 809.440 and shall continue until such
time as the person establishes eligibility under ORS 807.090. [2003 c.402
§7; 2003 c.576 §566b; 2005 c.140 §4]
(1)(a) The Department of Transportation may suspend the driving
privileges of a person who:

(A) Is habitually incompetent, reckless or criminally negligent in
the operation of a motor vehicle; or

(B) Commits a serious violation of the motor vehicle laws of this
state.

(b) A suspension under this subsection shall continue for a period
determined by the department and shall be subject to any conditions the
department determines to be necessary.

(c) The department may impose an immediate suspension of driving
privileges of any person described in paragraph (a) of this subsection
without hearing and without receiving a record of the conviction of the
person of a crime if the department has reason to believe that the person
may endanger people or property if the person’s driving privileges are
not immediately suspended. A suspension under this paragraph is subject
to a post-imposition hearing under ORS 809.440.

(2) Agreements entered under ORS 802.530 may establish grounds and
procedures for the suspension of driving privileges.

(3) The department immediately may suspend the driving privileges
of any person without hearing and without receiving a record of the
conviction of the person of a crime if the department receives
satisfactory evidence that the person has violated restrictions placed on
the person’s driving privileges under ORS 807.120. A suspension under
this subsection shall be subject to a post-imposition hearing under ORS
809.440. A suspension under this subsection shall continue for a period
determined by the department, but in no event for longer than one year,
and shall be subject to any conditions the department determines to be
necessary. [2003 c.402 §8] (1)
Upon request by a school superintendent or a school district board under
ORS 339.254, the Department of Transportation shall suspend the driving
privileges of a person. The suspension shall be for the amount of time
stated in the request. A person is entitled to administrative review
under ORS 809.440 of a suspension under this subsection.

(2) Upon receipt of notification of a court order that a person’s
driving privileges be suspended for violation of ORS 167.401, the
department shall suspend the driving privileges of the person subject to
the order for the time specified in the order. A person is entitled to
administrative review under ORS 809.440 of a suspension under this
subsection.

(3) Upon receipt of a notice under ORS 339.257 that a person under
18 years of age has withdrawn from school, the department shall notify
the person that driving privileges will be suspended on the 30th day
following the date of the notice unless the person presents documentation
that complies with ORS 807.066. A suspension under this subsection shall
continue until the person reaches 18 years of age or until the person
presents documentation that complies with ORS 807.066. Appeals of a
suspension under this subsection shall be as provided by a school
district or private school under a policy adopted in accordance with ORS
339.257. [2003 c.402 §9]

This section establishes schedules of suspension or revocation periods.
The schedules are applicable upon conviction for the offense when made
applicable under ORS 809.411 and 813.400. The schedules are as follows:

(1) Schedule I. The suspension or revocation periods under Schedule
I are as provided in this subsection. The period of suspension or
revocation under this schedule shall be:

(a) Ninety days for a first offense or for any offense not
described in paragraph (b) or (c) of this subsection.

(b) One year for a second offense, where the commission of the
second offense and a conviction for a separate offense occur within a
five-year period. This paragraph applies to any combination of offenses
for which the length of suspension is determined under this subsection.

(c) Three years for a third or subsequent offense where the
commission of the third or subsequent offense and two or more convictions
for separate offenses occur within a five-year period. This paragraph
applies to any combination of offenses for which the length of suspension
is determined under this subsection.

(2) Schedule II. The suspension or revocation periods under
Schedule II are as provided in this subsection. The period of suspension
or revocation under this schedule shall be:

(a) One year for a first offense or for any offense not described
in paragraph (b) or (c) of this subsection.

(b) Three years for a second offense, where the commission of the
second offense and a conviction for a separate offense occur within a
five-year period.

(c) Three years for a third or subsequent offense, where the
commission of the third or subsequent offense and a conviction for a
separate offense occur within a five-year period. [Formerly 809.420](1) When the Department of Transportation, as authorized or
required, suspends, revokes or cancels driving privileges, a commercial
driver license or the right to apply for driving privileges or a
commercial driver license, it shall give notice under this section of
such action to the person whose driving privileges, commercial driver
license or right to apply is affected.

(2) Notice under this section shall state the nature and reason for
the action and, in the case of a suspension, whether it was ordered by a
court.

(3) If violation of a suspension or revocation would constitute the
offense described in ORS 811.182, service of notice of the suspension or
revocation under this section is accomplished by:

(a) Mailing the notice by certified mail, restricted delivery,
return receipt requested, to the person’s address as shown by driver
licensing records of the department; or

(b) Personal service in the same manner as a summons is served in
an action at law.

(4) Service of notice under this section for all other actions is
accomplished by:

(a) Mailing the notice by first class mail to the person’s address
as shown by driver licensing records of the department; or

(b) Personal service in the same manner as a summons is served in
an action at law. [1983 c.338 §355; 1989 c.636 §36; 1989 c.801 §1; 1991
c.695 §1; 1993 c.741 §83]This section
establishes hearing and administrative review procedures to be followed
when the Department of Transportation is required to provide a hearing or
an administrative review of an action.

(1) When other procedures described under this section are not
applicable to a suspension or revocation under ORS 809.409 to 809.423,
the procedures described in this subsection shall be applicable. All of
the following apply to this subsection:

(a) The hearing shall be given before the department imposes the
suspension or revocation of driving privileges or continues, modifies or
extends a suspension or revocation.

(b) Before the hearing, the department shall notify the person in
the manner described in ORS 809.430.

(c) The hearing shall be in the county where the person resides
unless the person and the department agree otherwise.

(d) Upon such hearing, the department, good cause appearing
therefor, may impose, continue, modify or extend the suspension or
revocation of the driving privileges.

(e) The hearing shall be conducted by an administrative law judge
assigned from the Office of Administrative Hearings established under ORS
183.605.

(2) The following apply when administrative review is provided
under any statute or rule of the department:

(a) An administrative review shall consist of an informal
administrative process to assure prompt and careful review by the
department of the documents upon which an action is based.

(b) It shall be a defense to the department’s action if a
petitioner can establish that:

(A) A conviction on which the department’s action is based was for
an offense that did not involve a motor vehicle and the department’s
action is permitted only if the offense involves a motor vehicle.

(B) An out-of-state conviction on which the department’s action is
based was for an offense that is not comparable to an offense under
Oregon law.

(C) The records relied on by the department identify the wrong
person.

(c) A person requesting administrative review has the burden of
showing by a preponderance of the evidence that the person is not subject
to the action.

(d) Actions subject to administrative review shall be exempt from
the provisions of ORS chapter 183 applicable to contested cases, and from
the provisions of subsection (4) of this section applicable to
post-imposition hearings. A suspension, revocation or cancellation shall
not be stayed during the administrative review process or by the filing
of a petition for judicial review. A court having jurisdiction may order
the suspension, revocation or cancellation stayed pending judicial review.

(e) Judicial review of a department order affirming a suspension or
revocation after an administrative review shall be available as for
review of orders other than contested cases, and the department may not
be subject to default for failure to appear in such proceedings. The
department shall certify its record to the court within 20 days after
service upon the department of the petition for judicial review.

(f) If the suspension or revocation is upheld on review by a court,
the suspension or revocation shall be imposed for the length of time
appropriate under the appropriate statute except that the time shall be
reduced by any time prior to the determination by the court that the
suspension or revocation was in effect and was not stayed.

(g) The department shall adopt any rules governing administrative
review that are considered necessary or convenient by the department.

(3) When permitted under this section or under any other statute, a
hearing may be expedited under procedures adopted by the department by
rule. The procedures may include a limited time in which the person may
request a hearing, requirements for telephone hearings, expedited
procedures for issuing orders and expedited notice procedures.

(4) When permitted under ORS 809.409 to 809.423, a hearing may be a
post-imposition hearing under this subsection. A post-imposition hearing
is a hearing that occurs after the department imposes the suspension or
revocation of driving privileges or continues, modifies or extends a
suspension or revocation. All of the following apply to this subsection:

(a) The department must provide notice in the manner described in
ORS 809.430 before the suspension or revocation may take effect.

(b) Except as provided in this subsection, the hearing shall be
conducted as a contested case in accordance with ORS chapter 183.

(c) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing shall be
held either in the county where the person resides or at any place within
100 miles, as established by the department by rule.

(5) The department has complied with a requirement for a hearing or
administrative review if the department has provided an opportunity for
hearing or review and the person with the right to the hearing or review
has not requested it. Any request for hearing or review must be made in
writing.

(6) For any hearing described under this section, and for
administrative review described under this section, no further notice
need be given by the department if the suspension or revocation is based
upon a conviction and the court gives notice, in a form established by
the department, of the rights to a hearing or review and of the
suspension or revocation. [1985 c.669 §4 (enacted in lieu of 1983 c.338
§§356,357); 1987 c.437 §1; 1989 c.636 §37; 1991 c.702 §3; 1997 c.249
§225; 1999 c.770 §6; 1999 c.849 §§190,191; 2003 c.75 §66; 2003 c.402
§§29,30](1) If a person whose driving
privileges have been suspended for one of the reasons specified in
subsection (2) of this section requests that the suspension be rescinded
and specifies the reason for the request, the Department of
Transportation may provide a hearing to determine the validity of the
suspension. The department may rescind a suspension only as provided in
subsection (3) of this section.

(2) This section applies to suspensions under:

(a) ORS 809.415 for failure to make a future responsibility filing;

(b) ORS 809.415 for false certification of financial responsibility
requirements; and

(c) ORS 809.417 for involvement in a motor vehicle accident when
the department has determined that the person has been operating a
vehicle in violation of ORS 806.010.

(3) The granting of a hearing under this section shall not stay the
suspension. However, the department shall rescind the suspension if the
department determines:

(a) That an error was committed by the department;

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

(c) That an error was committed by an insurance company in
notifying the department regarding the correctness of a certification
under ORS 806.150;

(d) That the person was not in compliance with financial
responsibility requirements as of the date of the department’s letter of
verification under ORS 806.150 and the department also determines 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 and that the person currently is in
compliance with financial responsibility requirements; or

(e) That at the time of the accident the person reasonably and in
good faith believed that the person was in compliance with financial
responsibility requirements and the person is currently in compliance
with financial responsibility requirements.

(4) The hearing shall be held in the manner provided in ORS
809.440. [1985 c.714 §11; 1987 c.258 §10; 2003 c.402 §31](1) Except as provided in subsection (4) of this
section, if a suspension or revocation of driving privileges is based
upon a conviction, the court that entered the judgment of conviction may
direct the Department of Transportation to rescind the suspension or
revocation if:

(a) The person has appealed the conviction; and

(b) The person requests in writing that the court direct the
department to rescind the suspension or revocation pending the outcome of
the appeal.

(2) If directed by a court pursuant to subsection (1) of this
section to do so, the department shall immediately rescind a suspension
or revocation of driving privileges.

(3) The court shall notify the department immediately if the
conviction is affirmed on appeal, the appeal is dismissed or the appeal
is not perfected within the statutory period. Upon receipt of notice
under this subsection, the department shall reimpose any suspension or
revocation that has been rescinded under this section.

(4) If a person’s commercial driver license was suspended under ORS
809.404, 809.413 or 813.403, the department shall not rescind suspension
of the person’s commercial driver license because the person has taken an
appeal, unless the conviction is reversed on appeal. [1983 c.338 §359;
1985 c.16 §174; 1989 c.636 §38; 1993 c.751 §61; 1997 c.347 §1; 2003 c.402
§32; 2005 c.649 §17](1) This section establishes when a judgment described
under ORS 806.040 is settled for purposes of ORS 809.130, 809.280 and
809.415. A judgment shall be deemed settled for the purposes described if
any of the following occur:

(a) Payments in the amounts established by the payment schedule
under ORS 806.070 have been credited upon any judgment or judgments
rendered in excess of those amounts.

(b) Judgments rendered for less than the amounts established under
ORS 806.070 have been satisfied.

(c) The judgment creditor and the judgment debtor have mutually
agreed upon a compromise settlement of the judgment.

(d) The judgment against the judgment debtor has been discharged in
bankruptcy.

(2) Payments made in settlement of any claims because of bodily
injury, death or property damage arising from the accident shall be
credited in reduction of the amounts provided for in subsection (1) of
this section. [1983 c.338 §360; 1985 c.16 §175; 2003 c.175 §11; 2003
c.402 §33](1) The Department of Transportation may establish, by
administrative rule, programs for the improvement of the driving behavior
of persons who drive in this state. The programs shall have as their goal
the reduction of traffic convictions and especially accidents. The
programs may include, but need not be limited to, letters, interviews and
classroom instruction.

(2) The department may establish programs for persons who are under
18 years of age that are different from programs for adults. Differences
may include, but need not be limited to, differences in criteria for
entry into a program and differences in content.

(3) The department, under a program authorized by this section, may
suspend driving privileges based on any of the following:

(a) A person’s record of convictions or accidents.

(b) A person’s failure or refusal to complete or comply with a
requirement of a program established by the department under this section.

(4) The department may charge a reasonable fee to participants in a
driver improvement program to cover costs of administration.

(5) Any suspension that the department stays under a driver
improvement program in this section shall continue for the full term of
the suspension if a person fails to complete the program. For purposes of
reinstating driving privileges, the stay of a suspension under this
section may not be used to determine the length of time a person’s
driving privileges have been suspended if the person does not
successfully complete the program.

(6) A person is entitled to administrative review of a suspension
imposed under this section if based on a conviction. [1983 c.338 §368;
1985 c.16 §190; 1991 c.702 §12; 2001 c.176 §2; 2003 c.402 §34](1) If the defendant named in any certified copy of a
judgment reported to the Department of Transportation is a nonresident,
the department shall transmit a certified copy of the judgment to the
official in charge of the issuance of licenses and registrations of the
state of which the defendant is a resident.

(2) The department, upon receiving a record of the conviction in
this state of a nonresident driver of a motor vehicle of any offenses
under the motor vehicle laws of this state, may forward a certified copy
of such record to the motor vehicle administrator in the state wherein
the person so convicted is a resident.

(3) The department may suspend or revoke the driving privileges to
operate a motor vehicle in this state of any nonresident for any cause
for which the driving privileges to operate a motor vehicle of a resident
of this state may be suspended or revoked.

(4) If the driving privileges of a nonresident are revoked or
suspended, the department shall transmit a copy of the record of such
action to the official in charge of the issuance of licenses in the
state, territory, federal possession or district or province of Canada in
which the nonresident resides, if the law of the other jurisdiction
provides for action in relation thereto similar to that provided under
ORS 809.400 for residents of this state whose driving privileges are
suspended or revoked in another jurisdiction. [1983 c.338 §361; 1985 c.16
§176; 1985 c.173 §4](1) A person commits the offense of failure to return a
suspended, revoked or canceled license if the person has driving
privileges suspended and the person fails to immediately return to the
Department of Transportation any license or driver permit issued by the
department.

(2) If any person fails to return a license or driver permit on
suspension, revocation or cancellation of the person’s driving
privileges, 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 return a
suspended, revoked or canceled license, is a Class C misdemeanor. [1983
c.338 §363; 1985 c.16 §178; 1985 c.393 §11](Habitual Offenders) This section establishes the
number and kind of offenses necessary to revoke the driving privileges of
a person as a habitual offender under ORS 809.640. The number and kind of
offenses necessary to revoke driving privileges as a habitual offender
are as follows:

(1) A person’s driving privileges shall be revoked as a habitual
offender if the person, within a five-year period, has been convicted of
three or more of any one or more of the following offenses as evidenced
by the records maintained by the Department of Transportation or by the
records of a similar agency of another state:

(a) Any degree of murder, manslaughter, criminally negligent
homicide, assault, recklessly endangering another person, menacing or
criminal mischief resulting from the operation of a motor vehicle.

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

(c) Criminally driving a motor vehicle while suspended or revoked,
under ORS 811.182.

(d) Reckless driving under ORS 811.140.

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

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

(2) A person’s driving privileges shall be revoked as a habitual
offender if the person, within a five-year period, has been convicted of
20 or more of any one or more of the following offenses as evidenced by
the records maintained by the department or by a similar agency of
another state:

(a) Any offenses enumerated in subsection (1) of this section.

(b) Any offense specified in the rules of the department adopted
under ORS 809.605.

(3) A person’s driving privileges shall not be revoked under
subsection (2) of this section until the person’s 21st conviction within
a five-year period when the 20th conviction occurs after a lapse of two
years or more from the last preceding conviction.

(4) The offenses described under this section include any of the
following:

(a) Any violation of a traffic ordinance of a city, municipal or
quasi-municipal corporation that substantially conforms to offenses
described under this section.

(b) Any violation of offenses under any federal law or any law of
another state, including subdivisions thereof, that substantially
conforms to offenses described in this section. [1983 c.338 §365; 1985
c.16 §179; 1987 c.730 §17; 1987 c.887 §7; 1989 c.592 §6; 1991 c.601 §5;
1991 c.728 §4; 1995 c.209 §3; 1999 c.1051 §283; 2001 c.494 §1] The
Department of Transportation shall adopt rules specifying which traffic
offenses count for the purpose of determining that a person is a habitual
offender under ORS 809.600 (2) because the person has been convicted of
20 or more traffic offenses. [2001 c.494 §3]Note: Section 5, chapter 494, Oregon Laws 2001, provides:

Sec. 5. (1) A conviction obtained prior to the operative date of
the amendments to ORS 809.600 (2) by section 1 of this 2001 Act [January
1, 2002], for an offense specified in ORS 809.600 (2) (1999 Edition) that
is not an offense specified in rules of the Department of Transportation
adopted under section 3 of this 2001 Act [809.605], shall be considered
one of the 20 or more convictions required for habitual offender status
under the same circumstances the conviction would have been considered if
ORS 809.600 (2) had not been amended by section 1 of this 2001 Act.

(2) A conviction obtained prior to the operative date of section 3
of this 2001 Act [January 1, 2002] for an offense that is determined by
the department by rule under section 3 of this 2001 Act to count for the
purpose of determining habitual offender status, but that is not an
offense listed in ORS 809.600 (2) (1999 Edition), shall not be considered
one of the 20 or more convictions required for habitual offender status.
[2001 c.494 §5] (1)
When the Department of Transportation receives an abstract of the
conviction under ORS 810.375, and the conviction is the second one of
those described by ORS 809.600 (1) for the person or the 19th of those
described by ORS 809.600 (2) for the person, the department may restrict
the person’s driving privileges and shall send the person notice of the
restrictions by first class mail.

(2) A person notified under subsection (1) of this section of
restrictions placed on the person’s driving privileges may request a
meeting with a representative of the department to determine whether the
restrictions may be lifted. [1985 c.16 §181; 1989 c.15 §1; 1999 c.1051
§284; 2001 c.104 §303; 2001 c.494 §6] When the
Department of Transportation determines from the driving record of a
person as maintained by the department that a person’s driving privileges
are required to be revoked as a habitual offender under ORS 809.600, the
department shall revoke the driving privileges of the person. A person is
entitled to administrative review of a revocation under this section.
[1983 c.338 §367; 1985 c.16 §187; 1991 c.702 §12a] (1) When the
Department of Transportation revokes a person’s driving privileges as a
habitual offender under ORS 809.640, the person has no driving privileges
for motor vehicles in this state and cannot obtain any driving privileges
for motor vehicles in this state, except as provided under a probationary
driver permit described under ORS 807.270, until the person:

(a) Is again eligible under this section for the issuance of
driving privileges; and

(b) The department restores the privilege of the person to operate
a motor vehicle in this state under ORS 809.660.

(2) A person whose driving privileges are revoked as a habitual
offender is not eligible for the issuance of driving privileges until the
expiration of five years from the date the driving privileges of the
person were revoked. [1983 c.338 §366; 1985 c.16 §186] When a person whose driving
privileges have been revoked as a habitual offender becomes eligible for
issuance of driving privileges under ORS 809.650, the person may apply to
the Department of Transportation for restoration of the privilege to
operate a motor vehicle in this state. Upon such petition, and for good
cause shown, the department, in its discretion, may restore to the person
the privilege to operate a motor vehicle in this state:

(1) Upon such terms and conditions as the department may prescribe;
and

(2) Subject to other provisions of law relating to the issuance of
driving privileges. [1985 c.16 §189]VEHICLE IMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE” As used in
ORS 809.700 and 809.702, a “vehicle immobilization device” means a device
that may be clamped and locked onto a part of a motor vehicle for the
purpose of immobilizing the vehicle. [1997 c.540 §2; 1999 c.467 §1]A court may order a motor vehicle impounded or
immobilized upon conviction for the traffic offenses described in this
section. The authority to impound or immobilize a vehicle under this
section is subject to all of the following:

(1) The court may order a vehicle impounded or immobilized under
this section when a person is convicted:

(a) For driving a motor vehicle while the person’s license is
suspended or revoked in violation of ORS 811.175 or 811.182; or

(b) On a second or subsequent charge of driving while under the
influence of intoxicants in violation of ORS 813.010.

(2) A vehicle may be impounded or immobilized under this section
for not more than one year from judgment.

(3) The following vehicles may be impounded under this section:

(a) Any motor vehicle of which the convicted person is the owner.

(b) Any motor vehicle which the convicted person is operating at
the time of arrest.

(4) A vehicle may be immobilized under this section if the vehicle
is registered in this state and is a vehicle that may be impounded under
subsection (3) of this section.

(5)(a) If a vehicle is ordered to be immobilized under this section
and if the convicted person resides in the jurisdiction of the law
enforcement agency that arrested the person for the offense described in
subsection (1) of this section, the arresting law enforcement agency
shall install a vehicle immobilization device on the vehicle. If the
convicted person does not reside in the jurisdiction of the law
enforcement agency that arrested the person, the sheriff of the county in
which the person resides shall install the device.

(b) A vehicle ordered immobilized under this section shall be
immobilized at the residence of the owner of the vehicle or at the
location where the owner regularly parks the vehicle.

(c) A vehicle ordered immobilized under this section may be
immobilized only in a location at which the vehicle may be legally stored
for the period of the immobilization order. If no location is available
at which the vehicle may be legally stored, the vehicle may be impounded
for the period of the immobilization order.

(d) A vehicle owner who fails to allow installation of a vehicle
immobilization device ordered under this section shall be subject to
contempt of court proceedings under ORS 33.015 to 33.155.

(6)(a) If a vehicle is impounded under this section, the person
convicted shall be liable for the expenses incurred in the removal and
storage of the vehicle under this section, whether or not the vehicle is
returned to the person convicted.

(b) If a vehicle is immobilized under this section, the person
convicted shall be liable for the expenses incurred in installation and
removal of the vehicle immobilization device and for rental of the device
during the period the device is installed on the vehicle, whether or not
the vehicle is released to the person convicted.

(7) A vehicle shall be released or returned to the person convicted
or the owner only upon payment of the expenses incurred in the
immobilization or removal and storage of the vehicle under this section.

(8) If a vehicle is not reclaimed within 30 days after the time set
for the return of the vehicle in an impounding order or release of the
vehicle in an immobilization order, the vehicle may be disposed of in
accordance with procedures under ORS 819.180, 819.190, 819.210, 819.220
and 819.240 to 819.260.

(9) The court may order that a motor vehicle of which the convicted
person is not the owner be impounded or immobilized under this section
only if the court is satisfied by a preponderance of the evidence that
the owner knew or had good reason to know that the convicted person:

(a) Did not have a valid license and knowingly consented to the
operation of the vehicle by the convicted person; or

(b) Was operating the vehicle while under the influence of
intoxicants.

(10) The authority to impound or immobilize a vehicle under this
section is subject to the rights of a security interest holder under a
security agreement executed before an arrest for violation of an offense
for which the vehicle may be impounded or immobilized under this section.
A vehicle shall be released for the purpose of satisfying a security
interest if:

(a) Request in writing is made to the court;

(b) If the vehicle has been impounded or immobilized, the security
interest holder pays the expenses in removal and storage or in
immobilization of the vehicle; and

(c) If the registration of the vehicle has been suspended under ORS
809.010, the security interest holder takes possession of the vehicle
subject to the suspension of the registration remaining in effect against
the registered owner.

(11) A security interest holder’s obligation to pay and right to
recover removal and storage or immobilization expenses under subsection
(10) of this section are limited to the recovery of those removal and
storage or immobilization expenses incurred during the initial 20-day
period when the vehicle was in public storage or immobilized, unless the
authority taking the vehicle into custody or immobilizing the vehicle
under this section has transmitted by certified mail a written notice to
the holder concerning the accrual of storage or immobilization expenses.
If the vehicle is in private storage, the lien claimant shall transmit
the written notice. [1983 c.338 §385; 1985 c.16 §200; 1987 c.730 §18;
1993 c.385 §3; 1997 c.540 §3; 1999 c.467 §2] (1)
A person commits the offense of tampering with a vehicle immobilization
device if the person does anything to a vehicle immobilization device
that was ordered installed under ORS 809.700 that circumvents the
operation of the device.

(2) The offense described in this section, tampering with a vehicle
immobilization device, is a Class A traffic violation. [1997 c.540 §5;
1999 c.467 §3]Notwithstanding any other provision of law, a police officer, a
police agency or any person acting as an agent for either has authority
to refuse to release or authorize release of any motor vehicle from
custody to any person who is visibly under the influence of intoxicants.
[Formerly 484.225] (1) A person entitled to lawful
possession of a vehicle impounded under ORS 809.720 may request a hearing
to contest the validity of the impoundment. A request must be made within
five calendar days after the date that notice of the impoundment is
mailed, as evidenced by the postmark, not including Saturdays, Sundays or
holidays. The request shall be made to a person designated by the
impounding police agency to receive such requests.

(2) When a timely request for a hearing is made, a hearing shall be
held before a hearings officer designated by the impounding police
agency. The hearing shall be set for four calendar days after the request
is received, excluding Saturdays, Sundays and holidays, but may be
postponed at the request of the person asking for the hearing.

(3) The impounding police agency shall have the burden of proving
by a preponderance of the evidence that there were reasonable grounds to
believe that the vehicle was being operated in violation of ORS 806.010,
807.010, 811.175, 811.182 or 813.010. The police officer who ordered the
vehicle impounded may submit an affidavit to the hearings officer in lieu
of making a personal appearance at the hearing.

(4) If the hearings officer finds that the impoundment of the
vehicle was proper, the hearings officer shall enter an order supporting
the removal and shall find that the owner or person entitled to
possession of the vehicle is liable for usual and customary towing and
storage costs. The hearings officer may also find the owner or person
entitled to possession of the vehicle liable for costs of the hearing.

(5) If the hearings officer finds that impoundment of the vehicle
was improper, the hearings officer shall order the vehicle released to
the person entitled to possession and shall enter a finding that the
owner or person entitled to possession of the vehicle is not liable for
any towing or storage costs resulting from the impoundment. If there is a
lien on the vehicle for towing and storage charges, the hearings officer
shall order it paid by the impounding police agency.

(6) A police agency may contract with another agency or entity to
conduct hearings under this section. [Formerly 806.016; 1997 c.514 §4;
1999 c.1051 §284a; 2001 c.748 §3](1) A police officer who has probable cause to believe that a
person, at or just prior to the time the police officer stops the person,
has committed an offense described in this subsection may, without prior
notice, order the vehicle impounded until a person with right to
possession of the vehicle complies with the conditions for release or the
vehicle is ordered released by a hearings officer. This subsection
applies to the following offenses:

(a) Driving while suspended or revoked in violation of ORS 811.175
or 811.182.

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

(c) Operating without driving privileges or in violation of license
restrictions in violation of ORS 807.010.

(d) Driving uninsured in violation of ORS 806.010.

(2) Notice that the vehicle has been impounded shall be given to
the same parties, in the same manner and within the same time limits as
provided in ORS 819.180 for notice after removal of a vehicle.

(3) A vehicle impounded under subsection (1) of this section shall
be released to a person entitled to lawful possession upon compliance
with the following:

(a) Submission of proof that a person with valid driving privileges
will be operating the vehicle;

(b) Submission of proof of compliance with financial responsibility
requirements for the vehicle; and

(c) Payment to the police agency of an administrative fee
determined by the agency to be sufficient to recover its actual
administrative costs for the impoundment.

(4) Notwithstanding subsection (3) of this section, a person who
holds a security interest in the impounded vehicle may obtain release of
the vehicle by paying the administrative fee.

(5) When a person entitled to possession of the impounded vehicle
has complied with the requirements of subsection (3) or (4) of this
section, the impounding police agency shall authorize the person storing
the vehicle to release it upon payment of any towing and storage costs.

(6) Notwithstanding subsection (3) of this section, the holder of a
towing business certificate issued under ORS 822.205 may foreclose a lien
created by ORS 87.152 for the towing and storage charges incurred in the
impoundment of the vehicle, without payment of the administrative fee
under subsection (3)(c) of this section.

(7) Nothing in this section or ORS 809.716 limits either the
authority of a city or county to adopt ordinances dealing with impounding
of uninsured vehicles or the contents of such ordinances except that
cities and counties shall comply with the notice requirements of
subsection (2) of this section and ORS 809.725.

(8) A police agency may not collect its fee under subsection (3)(c)
of this section from a holder of a towing business certificate issued
under ORS 822.205 unless the holder has first collected payment of any
towing and storage charges associated with the impoundment. [1997 c.514
§2; 2001 c.748 §1](1) When a motor vehicle is impounded under authority of a
city or county ordinance, the city or county shall give notice of the
impoundment to the owners of the motor vehicle and to any lessors or
security interest holders as shown on the records of the Department of
Transportation. The notice shall be given within 48 hours of impoundment.

(2) The notice required by subsection (1) of this section shall be
given to the same parties, in the same manner and within the same time
limits as provided in ORS 819.180 for notice after removal of a vehicle.
[1997 c.514 §3] (1) A motor
vehicle may be seized and forfeited if the person operating the vehicle
is arrested or issued a citation for driving while under the influence of
intoxicants in violation of ORS 813.010 and the person, within three
years prior to the arrest or issuance of the citation, has been convicted
of:

(a) Driving while under the influence of intoxicants in violation
of ORS 813.010, or its statutory counterpart in another jurisdiction; or

(b) Murder, manslaughter, criminally negligent homicide or assault
that resulted from the operation of a motor vehicle in this state or in
another jurisdiction.

(2) All seizure and forfeiture proceedings under this section shall
be conducted in accordance with ORS chapter 475A. [1999 c.1100 §2; 2001
c.104 §304; 2001 c.780 §§18,18a] (1) The seizure
and forfeiture provisions of ORS 809.730 do not preempt a city or county
ordinance enacted and in effect on June 22, 1999, relating to forfeiture
of a motor vehicle operated by a person described in ORS 809.730.

(2) The seizure and forfeiture provisions of ORS 809.730 do not
preempt a city with a population exceeding 400,000 or a county with a
population exceeding 500,000 from enacting, on or before January 1, 2000,
an ordinance relating to seizure and forfeiture of a motor vehicle
operated by a person described in ORS 809.730.

(3) Notwithstanding subsections (1) and (2) of this section,
seizure and forfeiture procedures in a city or county ordinance relating
to seizure and forfeiture of a motor vehicle operated by a person
described in ORS 809.730 shall be in accordance with ORS chapter 475A.
[1999 c.1100 §3]Note: 809.735 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.

_______________
A court shall order the
Department of Transportation to suspend the registration of a motor
vehicle required to be registered by the department upon conviction of
the traffic offenses described in this section. The requirement to order
the suspension of vehicle registration under this section is subject to
all of the following:

(1) The court shall order the department to suspend the
registration under this section when a person is convicted:

(a) Of driving a motor vehicle while the person’s license is
suspended or revoked in violation of ORS 811.175 or 811.182; or

(b) On a second or subsequent charge of driving while under the
influence of intoxicants in violation of ORS 813.010.

(2) The registration of the following vehicles shall be ordered
suspended under this section:

(a) Any vehicle required to be registered by the department of
which the convicted person is the owner.

(b) Any vehicle required to be registered by the department which
the convicted person is operating at the time of the person’s arrest.

(3) A court may not issue an order to suspend the registration
under this section for more than 120 days.

(4) Upon issuing an order to suspend the registration under this
section, a court shall issue a copy of the order to the department for
suspension according to ORS 809.020.

(5) The court may order, under this section, the department to
suspend the registration of a motor vehicle of which the convicted person
is not the owner only if the court is satisfied by clear and convincing
evidence that the owner knew or had good reason to know that the
convicted person:

(a) Did not have a valid license and knowingly consented to the
operation of the vehicle by the convicted person; or

(b) Was operating the vehicle while under the influence of
intoxicants. [1983 c.338 §386; 1985 c.16 §202; 1985 c.173 §6; 1987 c.730
§13; 1991 c.407 §30] When the Department
of Transportation receives an order from a court to suspend the
registration of a vehicle, the department shall respond to the order as
provided in this section based on the type of suspension. If the court
orders the suspension of registration under:

(1) ORS 809.120, the department shall impose the suspension as
recommended by the court.

(2) ORS 809.010, the department shall forthwith suspend the
registration and require the owner to return the registration card and
plates. When the department suspends a registration under this subsection
the department shall:

(a) Destroy the registration card and plates; and

(b) Issue a new registration card and new plates to the owner upon
expiration of the period specified by the court in its order upon payment
by the owner to the department of a restoration fee established under ORS
809.030. The department may not charge the owner any fee for the card and
plates other than the restoration fee.

(3) ORS 809.130, the department, after opportunity for hearing
under ORS 809.040, shall suspend the registration of the person’s
employer’s vehicles, until notified by the court to reinstate the
registration and until the department receives proof of compliance with
future responsibility filings from the employer, if the department
determines that all of the following apply:

(a) A judgment of the type described under ORS 806.040 was rendered
against the person.

(b) The judgment has remained unsettled as described by ORS 809.470
for 60 days.

(c) The judgment continues to be unsettled.

(d) At the time of the accident that is the source of the judgment,
the employee was driving, with the permission of the employer, a vehicle
owned, operated or leased by the employer. [1983 c.338 §284; 1985 c.16
§116; 1999 c.359 §2] The restoration fee for registration
suspended under ORS 809.020 based on a court order under ORS 809.010 is
$10. [1983 c.338 §292] (1) When a hearing is
required under ORS 809.020 or 809.050, the Department of Transportation
shall afford a person an opportunity of a hearing before the department
suspends or revokes vehicle registration. A hearing described by this
subsection is subject to all of the following:

(a) Before the hearing, the department shall provide the person
with notice meeting the requirements under ORS 809.430.

(b) The hearing, if requested, shall be in the county wherein the
person resides unless the person and the department agree to hold it
elsewhere.

(c) The hearing shall be conducted as a contested case in
accordance with ORS chapter 183.

(d) The hearing shall be conducted by an administrative law judge
assigned from the Office of Administrative Hearings established under ORS
183.605.

(2) The hearing requirements under this section do not apply in any
case where the department finds a serious danger to the public safety and
sets forth specific reasons for such finding.

(3) Judicial review of orders suspending or revoking registration
under this section shall be as provided in ORS chapter 183. [1983 c.338
§283; 1985 c.16 §115; 1985 c.401 §12; 1999 c.849 §§184,185; 2003 c.75 §65](1) If an employer is
required to make future responsibility filings by ORS 806.200 and fails
to make the filings, the Department of Transportation shall revoke or
suspend the vehicle registration of vehicles owned by the employer until
the owner:

(a) Makes accident reports as required under ORS 811.730; and

(b) Makes future responsibility filings.

(2) The department shall provide an opportunity for a hearing
described under ORS 809.040 before suspending or revoking registration
under this section. [1983 c.338 §286] (1) A
person commits the offense of failure to return suspended registration if
the person has vehicle registration suspended and the person fails to
immediately return to the Department of Transportation any registration
plates or registration card issued to the person under the suspended
registration.

(2) If any person fails to return registration plates or cards as
required by this section, 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 return
suspended registration, is a Class C misdemeanor. [1983 c.338 §291; 1985
c.16 §120; 1985 c.393 §6; 1985 c.401 §14](1) The Department of Transportation may cancel the registration
or title or both of a vehicle if the department determines that:

(a) A holder is not entitled thereto; or

(b) All fees applicable to a vehicle, payable to the department
under any provision of law have not been paid.

(2) Before cancellation under this section the department must give
opportunity for a hearing upon 10 days’ notice. The notice shall be
served in person or by first class mail. [1983 c.338 §288; 1991 c.249
§73; 1993 c.233 §53; 1999 c.1009 §3](1) The Department
of Transportation may cancel the registration of, or right to apply for
registration for, any vehicle owned by a person if the person falsely
certifies compliance with financial responsibility requirements, submits
to the department unsatisfactory proof of such compliance or otherwise
fails to comply with financial responsibility requirements.

(2) Cancellation under this section shall continue until the person
complies with any applicable financial responsibility filing
requirements. [1993 c.751 §103](1) When the Department of Transportation proposes to cancel or
refuse to issue or renew title or registration, opportunity for hearing
shall be accorded as provided in ORS chapter 183.

(2) Judicial review of orders under this section shall be in
accordance with ORS chapter 183. [1983 c.338 §282; 1985 c.16 §114; 1985
c.401 §11; 1993 c.233 §54](1) A person commits the offense of failure to surrender
canceled registration or title if the person holds any evidence of
registration or any evidence of title issued by the Department of
Transportation that the department has canceled and the person does not
surrender the evidence of registration or title to the department.

(2) The offense described in this section, failure to surrender
canceled registration or title, is a Class A misdemeanor. [1983 c.338
§290; 1993 c.233 §55]REGISTRATION, DRIVING PRIVILEGES OR IDENTIFICATION CARD(1) In addition to any other punishment
imposed under ORS 818.040 a convicting court has authority to recommend
the suspension of the driving privileges of the operator of the vehicle
used to violate ORS 818.040 or the registration of the vehicle if the
vehicle is required to be registered by the Department of Transportation.
The authority of a court to recommend the suspension of driving
privileges or registration under this section is subject to the following:

(a) Subject to paragraph (b) of this subsection, the court may only
recommend suspension for a period of up to 90 days.

(b) For a second or subsequent violation of ORS 818.040, within one
year after the first conviction, the court shall recommend the suspension
for not less than 30 days nor more than 90 days.

(2) Upon recommending a suspension under this section, a court
shall secure the license, driver permit or registration plates
recommended suspended and shall immediately forward them to the
department with the recommendation of suspension as provided under ORS
809.275.

(3) Upon receipt of an order under this section, the department
shall proceed as provided under ORS 809.020 or 809.280. [1983 c.338 §390;
1985 c.16 §207; 1991 c.407 §31](1) If a court notifies the Department
of Transportation under this section that a judgment remains unsettled as
described by ORS 809.470, the department must initiate action to
determine whether to suspend or revoke driving privileges under ORS
809.415 or vehicle registration of the employer under ORS 809.020. A
court shall immediately give the department notice of an unsettled
judgment under this section if:

(a) A judgment of the type described under ORS 806.040 is rendered
against a person by a court of this state;

(b) The person fails within 60 days to settle the judgment in the
manner required under ORS 809.470; and

(c) The judgment creditor or the judgment creditor’s attorney makes
a written request for forwarding to the department a certificate stating
the judgment has not been settled as described in ORS 809.470.

(2) A court that has given the department notice of an unsettled
judgment under this section shall immediately forward to the department a
certificate stating that the judgment is appropriately settled and
describing the judgment and parties sufficiently for identification if:

(a) The judgment is settled in the manner required under ORS
809.470; and

(b) The judgment debtor or the judgment debtor’s attorney makes a
written request for forwarding to the department a certificate stating
the judgment has been settled as described in ORS 809.470.

(3) The notice made to the department under this section shall be
given by the clerk of the court or, if the court has no clerk, by the
judge. [1983 c.338 §391; 1985 c.16 §208; 2003 c.402 §21]