Bill Text: OR HB2137 | 2011 | Regular Session | Enrolled
Bill Title: Relating to driving privileges.
Spectrum: Unknown
Status: (Passed) 2011-06-16 - Chapter 355, (2011 Laws): Effective date January 1, 2012. [HB2137 Detail]
Download: Oregon-2011-HB2137-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2137
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for
Department of Transportation)
CHAPTER ................
AN ACT
Relating to driving privileges; amending ORS 153.090, 165.805,
167.401, 471.430, 742.449, 742.562, 742.566, 746.265, 801.477,
802.220, 807.220, 807.250, 807.350, 809.020, 809.120, 809.140,
809.220, 809.235, 809.240, 809.260, 809.265, 809.275, 809.280,
809.409, 809.411, 809.412, 809.440, 811.109, 811.135 and
813.606.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.280 is amended to read:
809.280. { - (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) - } { + (1) + } { - When - } { + Upon receipt
of + } a court { - orders a suspension of driving
privileges - } { + order + } under ORS 809.270, the Department
{ + of Transportation + } shall { - immediately make proper
entry in its files and records and take other action as necessary
to implement the order - } { + suspend the person's driving
privileges + }. The suspension shall remain in { - force - }
{ + effect + } until the department is notified by the court
that the suspension is ended, except that, if the department is
ordered to automatically { - restore - } { + reinstate + }
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.
{ + (2) Upon receipt of a court order under ORS 809.120, the
department shall suspend the person's driving privileges. The
suspension shall be for the period ordered by the court. The
court may only order suspension for a period not to exceed 90
days. + }
{ - (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) - } { + (3) + } { - When a court notifies the
department - } { + Upon receipt of a court notice + } under ORS
809.130 of an unsettled judgment, the department shall suspend
{ + the person's driving privileges + } and, subject to any
other requirements of law, { - restore - } { + reinstate + }
the driving privileges upon appropriate notification from the
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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) - } { + (4) + } { - 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 - } { + Upon receipt of a court notice under ORS
419C.472 or 809.220, the department shall suspend the person's
driving privileges + } for an indefinite period. The department
shall { - terminate the suspension - } { + reinstate driving
privileges that have been suspended under this subsection + }
upon notification by the court or upon the elapse of 10 years
from the date of suspension { + , whichever comes first + }.
{ - A suspension under this subsection shall be placed on the
defendant's driving record. - } The department { - shall - }
{ + may + } not suspend any driving privileges under this
subsection for a person's failure to appear on a parking,
pedestrian or bicyclist offense.
{ - (6) - } { + (5) + } { - When a court sends the
department a license or otherwise notifies the department - }
{ + Upon receipt of a court notice + } under ORS 810.310, the
department shall suspend the { + person's + } driving privileges
{ - of the person - } for an indefinite period. The department
shall { - terminate the suspension ordered under this
section - } { + reinstate driving privileges that have been
suspended under this subsection + } upon notification by the
court or upon the lapse of 10 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: - }
{ + (6) Upon receipt of a court order under ORS 809.260, the
department shall suspend the person's driving privileges as
follows: + }
(a) Upon receipt of the first order { - denying - } { +
suspending + } driving privileges, the department shall
{ - impose a suspension - } { + suspend the person's driving
privileges + } 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 - } { + suspending + } driving privileges, the
department shall suspend { + the person's driving privileges + }
for one year or until the person reaches 18 years of age,
whichever is longer.
{ - (8) - } { + (7) + } 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) - } { + (6) + } 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. - }
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{ + (8) Upon receipt of a court order under ORS 165.805 or
471.430, the department shall suspend the person's driving
privileges. The suspension shall be for the period ordered by the
court. The court may only order suspension for a period not to
exceed one year. + }
{ - (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. - }
{ + (9) Upon receipt of a court order under ORS 809.265, the
department shall suspend the person's driving privileges for six
months. + }
{ - (11) - } { + (10) + } { - When a court orders
revocation of driving privileges as provided in - } { + Upon
receipt of a court order under + }ORS 809.235, the department
shall { - impose the revocation as ordered - } { +
permanently revoke the person's driving privileges + }. 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) - } { + (11) + } When a court orders suspension of
driving privileges under ORS 811.109 { + (4) + }, the department
shall { - impose the suspension as ordered by the court - }
{ + suspend the person's driving privileges + }. { + The
suspension shall be for the period ordered by the court. The
court may only order suspension for a period not to exceed 30
days.
(12) When a court orders suspension of driving privileges under
ORS 811.109 (5), the department shall suspend the person's
driving privileges. The suspension shall be for the period
ordered by the court. The court may only order suspension for not
less than 30 days and not more than 90 days. + }
{ - (13) When a court orders suspension of driving privileges
under ORS 811.135, the department shall immediately suspend all
driving privileges of the person for one year. - }
{ + (13) Upon receipt of a court order under ORS 811.135, the
department shall suspend the person's driving privileges for one
year. + }
SECTION 2. ORS 807.220 is amended to read:
807.220. (1) The Department of Transportation shall provide for
the issuance of emergency driver permits in a manner consistent
with this section.
(2) Except as otherwise provided in this section an emergency
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license.
(3) The following apply to an emergency driver permit:
(a) The department may issue an emergency driver permit to a
person 14 years of age or older.
(b) The department shall place restrictions on the permit that
designate the routes over which the permit is valid. The
department shall designate routes it determines necessary from
the facts creating the emergency.
(c) The permit shall only be issued if the department is
satisfied that an emergency exists that requires operation of a
motor vehicle by the applicant.
(d) The department may establish a form for the permit that
differs from the form required for a license.
(e) The only fee required for issuance of the permit is the
emergency driver permit fee under ORS 807.370.
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(f) The department may establish a period for the expiration of
the permit that coincides with the end of the emergency that is
the basis for the permit.
(g) The department shall cancel the permit if the department
determines that the holder of the permit has operated a motor
vehicle over any highway or for any purpose other than one
approved under the permit.
(h) If an emergency driver permit is canceled, the person
issued the permit is ineligible to be issued another emergency
driver permit for a period of one year.
(i) In addition to any other application requirements for the
emergency driver permit, the applicant must obtain the
endorsement on the application of the sheriff of the county in
which the applicant resides.
(4) The department may issue an emergency driver permit, if the
person qualifies for the permit, to a person whose driving
privileges are suspended under ORS 809.280 because the department
has received an order { - of denial of - } { + suspending + }
driving privileges under ORS 809.260. In addition to other
emergencies, a situation that leaves the applicant with no
alternative means to travel to and from school is an emergency
for purposes of a permit issued under this subsection.
SECTION 3. ORS 809.120 is amended to read:
809.120. (1) In addition to any other punishment imposed under
ORS 818.040 { + , + } a convicting court has authority to
{ - recommend - } { + order + } 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 - } { + order + } 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 - } { + order + } 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 - } { + order + } the suspension for not less
than 30 days nor more than 90 days.
(2) Upon { - recommending - } { + ordering + } a suspension
under this section, a court shall secure the license, driver
permit or registration plates { - recommended - } { +
ordered + } suspended and shall immediately forward them to the
department with the
{ - recommendation - } { + order + } 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.
SECTION 4. ORS 809.140 is amended to read:
809.140. (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,
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registration or privileges - } { + ordered suspension,
revocation or cancellation + }; 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.
SECTION 5. ORS 809.220 is amended to read:
809.220. 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 10 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 - } { + reinstate the person's
suspended driving privileges + } 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 - } { + person's
suspended driving privileges should be reinstated + } 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.
SECTION 6. ORS 802.220 is amended to read:
802.220. (1) Except as otherwise provided in this subsection
and ORS 802.177, the records the Department of Transportation
maintains under ORS 802.200 on vehicles are public records. The
records of vehicles registered under ORS 805.060 are not public
records and are exempt from public inspection as provided under
ORS 181.548 and are for the confidential use of criminal justice
agencies described under ORS 181.010. The department may charge
the fee established under ORS 802.230 for furnishing information
under this section concerning a vehicle or its owner.
(2) The department may charge the fee established under ORS
802.230 for furnishing to the public information from the records
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the department maintains under ORS 802.200 concerning driver
licenses or driver permits.
(3) The records the department keeps under ORS 802.200 on
judgments or convictions under ORS 810.375 shall be open to the
inspection of any person during reasonable business hours.
Nothing in this subsection authorizes the release of personal
information as defined in ORS 802.175.
(4) The department shall upon request furnish any person
certified abstracts of the employment driving record and the
nonemployment driving record of any person whose driving records
are maintained under ORS 802.200. If an abstract of the
employment driving record is not specifically requested, the
department shall only furnish an abstract of the nonemployment
driving record. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175. The
department shall collect the fee established for abstracts of
driving records under ORS 802.230. A certified abstract issued
under this section shall not contain any of the following, unless
the abstract is being requested under ORS 746.265 (3):
(a) Any accident or conviction for violation of motor vehicles
laws that occurred more than three years immediately preceding a
request for abstract.
(b) Any suspension ordered under ORS 809.220 after the
department has received notice to { - terminate the
suspension - } { + reinstate a person's suspended driving
privileges + } under ORS 809.220.
(c) Any diversion agreement under ORS 813.220 entered into more
than three years immediately preceding a request for the
abstract.
(5) Except as otherwise provided in this subsection, accident
reports filed with the department under ORS 811.725, 811.730 or
811.735 shall be without prejudice to the individual filing the
report and shall be for the confidential use of state
administrative and enforcement agencies. The department may use
the confidential accident reports to provide the following
information to the persons described:
(a) Upon request, the department shall disclose the following
information to any party involved in the accident or to their
personal representative or any member of the family of a party
involved in the accident:
(A) The identity of the owner, driver, occupants and the
registration number of a vehicle involved in the accident;
(B) The names of any companies insuring the owner or driver of
a vehicle involved in the accident; and
(C) The names of any witnesses to the accident.
(b) The department shall furnish a certificate showing that a
specified accident report has or has not been made to the
department upon demand of any person who has or claims to have
made such a report or upon demand of a court.
(6) The department shall tabulate and may analyze all accident
reports to develop statistical information based thereon as to
the number and circumstances of traffic accidents. The department
shall publish information compiled under this section in the
manner provided under ORS 802.050.
(7) Except as otherwise provided in this subsection, the
records the department is required under ORS 802.200 to maintain
on trip permits issued under ORS 803.600 are public records. The
department may charge a fee established under ORS 802.230 for
furnishing information from the records on trip permits. Nothing
Enrolled House Bill 2137 (HB 2137-B) Page 6
in this subsection authorizes the release of personal information
as defined in ORS 802.175.
(8) The records the department maintains under ORS 802.200
concerning odometer readings for vehicles are public records. The
department may separately furnish information concerning odometer
readings shown by its records. The department may charge the fee
established under ORS 802.230 for information separately provided
under this subsection. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175.
SECTION 7. ORS 809.260 is amended to read:
809.260. (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 - } { + order suspension
of the person's driving privileges + }. This subsection applies
to ORS 166.370 and to any offense involving the delivery,
manufacture or possession of controlled substances.
(2) Whenever a person who is 20 years of age or younger, but
not younger than 13 years of age, at the time of committing any
offense described in this subsection, is convicted 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 - }
{ + order suspension of the person's driving privileges + }.
This subsection applies to any offense involving the possession,
use or abuse of alcohol.
(3) If a court has issued an order { - of denial of - } { +
suspending + } 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.
(4) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280.
SECTION 8. ORS 809.265 is amended to read:
809.265. (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 - } { + order suspension of
the person's driving privileges + }. This subsection applies when
a person is convicted of:
(a) Any offense involving manufacturing, possession or delivery
of controlled substances.
Enrolled House Bill 2137 (HB 2137-B) Page 7
(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.
SECTION 9. ORS 809.275 is amended to read:
809.275. (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 - } { + orders + }
a suspension { + or revocation + } under ORS { + 165.805,
471.430, + } 809.120, { + 809.235, + } 809.240 { + , 809.260,
809.265 + } { - or - } 809.270 { + , 811.109 or 811.135 + }.
(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.
{ + (4) The department is not required to provide further
notice of a suspension or revocation ordered by the court.
(5) Nothing in this section requires a court to take additional
action, after the conclusion of the sentencing hearing, to secure
the driver license or driver permit. + }
SECTION 10. ORS 811.109 is amended to read:
811.109. (1) Violation of a specific speed limit imposed under
law or of a posted speed limit is punishable as follows:
(a) One to 10 miles per hour in excess of the speed limit is a
Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the speed limit is a
Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the speed limit is a
Class B traffic violation.
(d) Over 30 miles per hour in excess of the speed limit is a
Class A traffic violation.
(2) Notwithstanding subsection (1) of this section, if the
speed limit is 65 miles per hour or greater and:
(a) The person is exceeding the speed limit by 10 miles per
hour or less, the offense is a Class C traffic violation.
(b) The person is exceeding the speed limit by more than 10
miles per hour but not more than 20 miles per hour, the offense
is a Class B traffic violation.
(c) The person is exceeding the speed limit by more than 20
miles per hour, the offense is a Class A traffic violation.
(3) Violation of the basic speed rule by exceeding a designated
speed posted under ORS 810.180 is punishable as follows:
(a) One to 10 miles per hour in excess of the designated speed
is a Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the designated speed
is a Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the designated speed
is a Class B traffic violation.
(d) Over 30 miles per hour in excess of the designated speed is
a Class A traffic violation.
(4) In addition to a fine imposed under subsection (1), (2) or
(3) of this section, a court may { - impose - } { + order + }
a suspension of driving privileges for up to 30 days if a person
exceeds a speed limit or designated speed by more than 30 miles
Enrolled House Bill 2137 (HB 2137-B) Page 8
per hour and the person has received at least one prior
conviction under ORS 811.100 or 811.111 within 12 months of the
date of the current offense.
(5) If a person drives 100 miles per hour or greater when the
person commits a violation described in this section, a court
shall { - impose - } { + order + } the following in lieu of a
punishment otherwise imposed under this section:
(a) A fine of $1,000; and
(b) A suspension of driving privileges for not less than 30
days nor more than 90 days.
(6) When a court { - imposes - } { + orders + } a
suspension under subsection (4) or (5) of this section, the court
shall prepare and send to the Department of Transportation an
order of suspension of driving privileges of the person. Upon
receipt of an order under this subsection, the department shall
take action as directed under ORS 809.280.
SECTION 11. ORS 811.135 is amended to read:
811.135. (1) A person commits the offense of careless driving
if the person drives any vehicle upon a highway or other premises
described in this section in a manner that endangers or would be
likely to endanger any person or property.
(2) The offense described in this section, careless driving,
applies on any premises open to the public and is a Class B
traffic violation unless commission of the offense contributes to
an accident. If commission of the offense contributes to an
accident, the offense is a Class A traffic violation.
(3) In addition to any other penalty imposed for an offense
committed under this section, if the court determines that the
commission of the offense described in this section contributed
to the serious physical injury or death of a vulnerable user of a
public way, the court shall:
(a) Impose a sentence that requires the person to:
(A) Complete a traffic safety course; and
(B) Perform between 100 and 200 hours of community service,
notwithstanding ORS 137.129. The community service must include
activities related to driver improvement and providing public
education on traffic safety;
(b) { - Impose, - } { + Order, + } but suspend on the
condition that the person complete the requirements of paragraph
(a) of this subsection:
(A) A fine of up to $12,500, notwithstanding ORS 153.018; and
(B) A suspension of driving privileges { + for one year + } as
provided in ORS 809.280; and
(c) Set a hearing date up to one year from the date of
sentencing.
(4) At the hearing described in subsection (3)(c) of this
section, the court shall:
(a) If the person has successfully completed the requirements
described in subsection (3)(a) of this section, dismiss the
penalties { - imposed - } { + ordered + } under subsection
(3)(b) of this section; or
(b) If the person has not successfully completed the
requirements described in subsection (3)(a) of this section:
(A) Grant the person an extension based on good cause shown; or
(B) { - Impose - } { + Order + } the penalties under
subsection (3)(b) of this section.
(5) When a court { - imposes - } { + orders + } a
suspension under subsection (4) of this section, the court shall
prepare and send to the Department of Transportation an order of
suspension of driving privileges of the person. Upon receipt of
Enrolled House Bill 2137 (HB 2137-B) Page 9
an order under this subsection, the department shall take action
as directed under ORS 809.280.
(6) The police officer issuing the citation for an offense
under this section shall note on the citation if the cited
offense contributed to the serious physical injury or death of a
vulnerable user of a public way.
SECTION 12. ORS 809.235 is amended to read:
809.235. (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 and
the court finds that the person intentionally used a motor
vehicle as a dangerous weapon resulting in the death of the
victim, or if the person is convicted of aggravated vehicular
homicide, manslaughter in the first or second degree resulting
from the operation of a motor vehicle, criminally negligent
homicide resulting from the operation of a motor vehicle or
assault in the first degree resulting from the operation of a
motor vehicle.
(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 for a third or subsequent
time of any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in
violation of:
(i) ORS 813.010; or
(ii) The statutory counterpart to ORS 813.010 in another
jurisdiction.
(B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving of a
vehicle due to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination thereof.
(C) A driving offense in another jurisdiction that involved
operating a vehicle while having a blood alcohol content above
that jurisdiction's permissible blood alcohol content.
(c) For the purposes of paragraph (b) of this subsection, a
conviction for a driving offense in another jurisdiction based
solely on a person under 21 years of age having a blood alcohol
content that is lower than the permissible blood alcohol content
in that jurisdiction for a person 21 years of age or older does
not constitute a prior conviction.
(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 for the crime
for which the person's driving privileges were revoked and any
other crimes arising out of the same criminal episode; 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:
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(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.
{ + (5) Upon receiving a court order to restore a person's
driving privileges, the department may reinstate driving
privileges in accordance with ORS 809.390, 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. + }
{ + NOTE: + } Section 13 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 14. ORS 809.409 is amended to read:
809.409. (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 aggravated
vehicular homicide or aggravated driving while suspended or
revoked or any degree of murder, manslaughter or criminally
negligent homicide resulting from the operation of a motor
vehicle or 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 crime includes incarceration,
10 years from the date the person is released from incarceration
for the crime for which the person's driving privileges were
revoked and any other crimes arising out of the same criminal
episode; or - }
{ + (a) If the sentence for the crime for which the person's
driving privileges were revoked, or any other crimes arising from
the same criminal episode, includes incarceration, no sooner than
10 years from the date the person is released from incarceration
for all crimes arising out of the same criminal episode; or + }
(b) If the sentence for the crime for which the person's
driving privileges were revoked and any other crimes arising from
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the same criminal episode does not include incarceration, no
sooner than 10 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.
SECTION 15. ORS 809.411 is amended to read:
809.411. (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
{ + subsection (2), (3), (4), (5), (6), (7) or (10) of + } this
section until the person complies with future responsibility
filings. { + There is no requirement of compliance with future
responsibility filings if the person was suspended under
subsection (8) or (9) of this section. + }
(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
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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.
SECTION 16. ORS 809.440 is amended to read:
809.440. { - 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.
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{ - (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) - } { + (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 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 - }
{ + ordered + } 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 - } { +
809.413, 809.417, 809.419 or 809.421 + }, 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
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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.
SECTION 17. ORS 813.606 is amended to read:
813.606. Notwithstanding ORS 813.604, if a person is required,
in the course and scope of the person's employment, to operate a
motor vehicle owned by the person's employer, the person may
operate that vehicle without installation of an ignition
interlock device if:
(1) The employer has been notified { + :
(a) + } That the employee is operating with a hardship permit
restricted as provided in ORS 813.604 { + ; + } { - or - }
{ + (b) That + }the employee is operating on a fully
reinstated license within the first { - six months - } { +
year + } following suspension or revocation for { + the
employee's first conviction of + } driving while under the
influence of intoxicants; { - and - } { + or
(c) That the employee is operating on a fully reinstated
license within the second year following suspension or revocation
for the employee's second or subsequent conviction of driving
while under the influence of intoxicants; and + }
(2) The employee has proof of the notification or fully
reinstated license in the possession of the employee while
operating the employer's vehicle in the course of employment.
SECTION 18. ORS 153.090 is amended to read:
153.090. (1) Judgments entered under this chapter may include:
(a) Imposition of a sentence to pay a fine;
(b) Costs, assessments and restitution authorized by law;
(c) A requirement that the fine, costs, assessments and
restitution, if any, be paid out of any base fine;
(d) Remission of any balance of a base fine to the defendant or
to any other person designated by the defendant; and
(e) Any other provision authorized by law.
(2) Notwithstanding ORS 137.106, if the court orders
restitution in a default judgment entered under ORS 153.102, a
defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a
hearing to determine whether the defendant is unable to pay or to
establish a payment schedule by filing a written request with the
court within one year after the entry of the judgment. The court
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shall set a hearing on the issue of the defendant's ability to
pay upon receipt of the request and shall give notice to the
district attorney. The district attorney shall give notice to the
victim of the date, time and place of the hearing. The court may
determine a payment schedule for monetary sanctions imposed,
including restitution ordered under this subsection, if the
defendant establishes at the hearing that the defendant is unable
to pay the ordered restitution in full.
(3) If a trial is held in a violation proceeding, or a default
judgment is entered against the defendant under ORS 153.102, the
court may impose any fine within the statutory limits for the
violation. If a defendant pleads no contest under ORS 153.061
(3)(b), or pleads guilty under ORS 153.061 (3)(c), and the court
accepts the plea and enters judgment against the defendant, the
amount of the fine imposed against the defendant by the court may
not exceed the amount of the base fine established for the
violation under ORS 153.125 to 153.145.
(4) A judge may suspend operation of any part of a judgment
entered under this chapter upon condition that the defendant pay
the nonsuspended portion of a fine within a specified period of
time. If the defendant fails to pay the nonsuspended portion of
the fine within the specified period of time, the suspended
portion of the judgment becomes operative without further
proceedings by the court and the suspended portion of the fine
becomes immediately due and payable.
(5) The court may not { - recommend a suspension of - }
{ + issue notice to the Department of Transportation to
suspend + } the defendant's driving privileges unless a trial has
been required. The failure of the defendant to appear at the
trial does not prevent the court from { - recommending
suspension of - } { + issuing notice to the department to
suspend + } the defendant's driving privileges.
(6) Entry of a default judgment under ORS 153.102 does not
preclude the arrest and prosecution of the defendant for the
crime of failure to appear in a violation proceeding under ORS
153.992.
(7) If a person holds a commercial driver license, a court may
not defer entry of a judgment or allow an individual to enter
into a diversion program that would prevent a conviction for a
traffic offense from appearing on the driving record of the
holder. This subsection applies to all traffic offenses, whether
committed while driving a motor vehicle or a commercial motor
vehicle, but does not apply to parking violations. For purposes
of this subsection, a person holds a commercial driver license if
on the date of the commission of the offense the person holds a
commercial driver license issued by the department { - of
Transportation - } or the licensing agency of another
jurisdiction that is:
(a) Not expired or if expired, expired less than one year; or
(b) Suspended, but not canceled or revoked.
SECTION 19. ORS 165.805 is amended to read:
165.805. (1) A person commits the crime of misrepresentation of
age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than the true age of
the person with the intent of securing a right, benefit or
privilege which by law is denied to persons under that certain,
specified age; or
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(b) Being unmarried, the person knowingly represents that the
person is married with the intent of securing a right, benefit or
privilege which by law is denied to unmarried persons.
(2) Misrepresentation of age by a minor is a Class C
misdemeanor.
(3) In addition to and not in lieu of any other penalty
established by law, a person who, using a driver permit or
license or other identification issued by the Department of
Transportation of this state or its equivalent in another state,
commits the crime of misrepresentation of age by a minor in order
to purchase or consume alcoholic liquor may be required to
perform community service and the court shall order that the
person's driving privileges and right to apply for driving
privileges be suspended for a period not to exceed one year. If a
court has issued an order { - denying - } { + suspending + }
driving privileges under this section, the court, upon petition
of the person, may withdraw the order at any time the court deems
appropriate. The court notification to the department under this
subsection may include a recommendation that the person be
granted a hardship permit under ORS 807.240 if the person is
otherwise eligible for the permit.
(4) The prohibitions of this section do not apply to any person
acting under the direction of the Oregon Liquor Control
Commission or under the direction of state or local law
enforcement agencies for the purpose of investigating possible
violations of laws prohibiting sales of alcoholic beverages to
persons who are under a certain, specified age.
(5) The prohibitions of this section do not apply to a person
under the age of 21 years who is acting under the direction of a
licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic
beverages to persons who are under the age of 21 years.
SECTION 20. ORS 167.401 is amended to read:
167.401. (1) Except as provided in subsection (4) of this
section, no person under 18 years of age shall purchase, attempt
to purchase or acquire tobacco products as defined in ORS
431.840. Except when such minor is in a private residence
accompanied by the parent or guardian of the minor and with the
consent of such parent or guardian, no person under 18 years of
age shall have personal possession of tobacco products.
(2) Any person who violates subsection (1) of this section
commits a violation.
(3)(a) In lieu of any other penalty established by law, a
person who is convicted for the first time of a violation of
subsection (1) of this section may be ordered to participate in a
tobacco education program or a tobacco use cessation program or
to perform community service related to diseases associated with
consumption of tobacco products. A person may be ordered to
participate in such a program only once.
(b) In addition to and not in lieu of any other penalty
established by law, a person who is convicted of a second
violation of subsection (1) of this section through
misrepresentation of age may be required to participate in a
tobacco education or a tobacco use cessation program or to
perform community service related to diseases associated with the
consumption of tobacco products, and the court shall order that
the person's driving privileges and right to apply for driving
privileges be suspended for a period not to exceed one year. If a
court has issued an order { - denying - } { + suspending + }
driving privileges under this subsection, the court, upon
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petition of the person, may withdraw the order at any time the
court deems appropriate. The court notification to the Department
of Transportation under this subsection may include a
recommendation that the person be granted a hardship permit under
ORS 807.240 if the person is otherwise eligible for the permit.
(4) A minor acting under the supervision of an adult may
purchase, attempt to purchase or acquire tobacco products for the
purpose of testing compliance with a federal law, state statute,
local law or retailer management policy limiting or regulating
the delivery of tobacco products to minors.
SECTION 21. ORS 471.430 is amended to read:
471.430. (1) A person under 21 years of age may not attempt to
purchase, purchase or acquire alcoholic beverages. Except when
such minor is in a private residence accompanied by the parent or
guardian of the minor and with such parent's or guardian's
consent, a person under 21 years of age may not have personal
possession of alcoholic beverages.
(2) For the purposes of this section, personal possession of
alcoholic beverages includes the acceptance or consumption of a
bottle of such beverages, or any portion thereof or a drink of
such beverages. However, this section does not prohibit the
acceptance or consumption by any person of sacramental wine as
part of a religious rite or service.
(3) Except as authorized by rule or as necessitated in an
emergency, a person under 21 years of age may not enter or
attempt to enter any portion of a licensed premises that is
posted or otherwise identified as being prohibited to the use of
minors.
(4)(a) Except as provided in paragraph (b) of this subsection,
a person who violates subsection (1) or (3) of this section
commits a Class B violation.
(b) A person commits a Class A violation if the person violates
subsection (1) of this section by reason of personal possession
of alcoholic beverages while the person is operating a motor
vehicle, as defined in ORS 801.360.
(5) In addition to and not in lieu of any other penalty
established by law, a person under 21 years of age who violates
subsection (1) of this section through misrepresentation of age
may be required to perform community service and the court shall
order that the person's driving privileges and right to apply for
driving privileges be suspended for a period not to exceed one
year. If a court has issued an order { - denying - }
{ + suspending + } driving privileges under this section, the
court, upon petition of the person, may withdraw the order at any
time the court deems appropriate. The court notification to the
Department of Transportation under this subsection may include a
recommendation that the person be granted a hardship permit under
ORS 807.240 if the person is otherwise eligible for the permit.
(6) If a person cited under this section is at least 13 years
of age but less than 21 years of age at the time the person is
found in default under ORS 153.102 or 419C.472 for failure to
appear, in addition to and not in lieu of any other penalty, the
court shall issue notice under ORS 809.220 to the department for
the department to suspend the person's driving privileges under
ORS 809.280 { - (5) - } { + (4) + }.
(7) In addition to and not in lieu of any penalty established
by law, the court may order a person who violates this section to
undergo assessment and treatment as provided in ORS 471.432. The
court shall order a person to undergo assessment and treatment as
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provided in ORS 471.432 if the person has previously been found
to have violated this section.
(8) The prohibitions of this section do not apply to a person
under 21 years of age who is acting under the direction of the
Oregon Liquor Control Commission or under the direction of state
or local law enforcement agencies for the purpose of
investigating possible violations of laws prohibiting sales of
alcoholic beverages to persons who are under 21 years of age.
(9) The prohibitions of this section do not apply to a person
under 21 years of age who is acting under the direction of a
licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic
beverages to persons who are under 21 years of age.
SECTION 22. ORS 742.449 is amended to read:
742.449. An insurer issuing motor vehicle liability insurance
policies in this state may not assign an insured or applicant for
insurance to a higher risk category than the person would
otherwise be assigned to solely because the person has:
(1) Let a prior motor vehicle liability policy lapse, unless
the person was in violation of ORS 806.010 at any time after the
prior policy lapsed; or
(2) Had driving privileges suspended pursuant to ORS 809.280
{ - (7) or (9) - } { + (6) or (8) + } if the suspension is
based on a nondriving offense.
SECTION 23. ORS 742.562 is amended to read:
742.562. (1) A notice of cancellation of a policy shall be
effective only if it is based on one or more of the following
reasons:
(a) Nonpayment of premium.
(b) Fraud or material misrepresentation affecting the policy or
in the presentation of a claim thereunder, or violation of any of
the terms or conditions of the policy.
(c) The named insured or any operator either resident in the
same household or who customarily operates an automobile insured
under the policy has had driving privileges suspended or revoked
pursuant to law during the policy period, or, if the policy is a
renewal, during its policy period or the 180 days immediately
preceding its effective date. An insurer may not cancel a policy
for the reason that the driving privileges of the named insured
or operator were suspended pursuant to ORS 809.280 { - (7) or
(9) - } { + (6) or (8) + } if the suspension was based on a
nondriving offense.
(2) This section shall not apply to any policy or coverage
which has been in effect less than 60 days at the time notice of
cancellation is mailed or delivered by the insurer unless it is a
renewal policy.
(3) This section shall not apply to nonrenewal.
SECTION 24. ORS 742.566 is amended to read:
742.566. (1) An insurer shall offer renewal of a policy,
contingent upon payment of premium as stated in the offer, to an
insured unless the insurer mails or delivers to the named
insured, at the address shown in the policy, at least 30 days'
advance notice of nonrenewal. Such notice shall contain or be
accompanied by a statement of the reason or reasons for
nonrenewal.
(2) The insurer shall not be required to notify the named
insured or any other insured of nonrenewal of the policy if the
insurer has mailed or delivered a notice of expiration or
cancellation on or prior to the 30th day preceding expiration of
the policy period.
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(3) Notwithstanding the failure of an insurer to comply with
this section, the policy shall terminate on the effective date of
any replacement or succeeding automobile insurance policy, with
respect to any automobile designated in both policies.
(4) An insurer may not refuse to renew a policy for the reason
that the driving privileges of the named insured or any operator
either resident in the same household or who customarily operates
an automobile insured under the policy were suspended pursuant to
ORS 809.280 { - (7) or (9) - } { + (6) or (8) + } if the
suspension was based on a nondriving offense.
SECTION 25. ORS 746.265 is amended to read:
746.265. (1) Subject to subsection (2) of this section, when an
individual applies for a policy or a renewal of a policy of
casualty insurance providing automobile liability coverage,
uninsured motorist coverage, automobile medical payments coverage
or automobile physical damage coverage on an individually owned
passenger vehicle including pickup and panel trucks and station
wagons, the insurer may consider the abstract of the
nonemployment driving record of the individual under ORS 802.220:
(a) For the purpose of determining whether to issue or renew
the individual's policy.
(b) For the purpose of determining the rates of the
individual's policy.
(2) For the purposes specified in subsection (1) of this
section, an insurer issuing or renewing a policy described in
subsection (1) of this section shall not consider any:
(a) Accident or conviction for violation of motor vehicle laws
that occurred more than three years immediately preceding the
application for the policy or renewal of the policy;
(b) Diversion agreements under ORS 813.220 that were entered
into more than three years immediately preceding the application
for the policy or renewal of the policy; or
(c) Suspension of driving privileges pursuant to ORS 809.280
{ - (7) or (9) - } { + (6) or (8) + } if the suspension is
based on a nondriving offense.
(3) Subsection (2) of this section does not apply if an insurer
considers the nonemployment driving record of an individual under
ORS 802.220 for the purpose of providing a discount to the
individual.
SECTION 26. ORS 801.477 is amended to read:
801.477. 'Serious traffic violation' means:
(1) A violation, while operating a motor vehicle and holding a
commercial driver license, of:
(a) ORS 811.140, reckless driving;
(b) Any law establishing a speed limit, if the person is
operating the vehicle 30 miles per hour or more above the posted
limit and a court { - imposes - } { + orders + } a suspension
under ORS 811.109; or
(c) Any law establishing a speed limit, if the person is
operating the vehicle at a speed of 100 miles per hour or
greater.
(2) A violation, while operating a commercial motor vehicle,
of:
(a) Any law establishing a speed limit, if the person is
operating the vehicle 15 miles per hour or more above the posted
limit.
(b) The basic speed rule established in ORS 811.100 if the
person is operating the vehicle 15 miles per hour or more above
the speeds established in ORS 811.105 as prima facie evidence of
violation of the basic speed rule.
Enrolled House Bill 2137 (HB 2137-B) Page 20
(c) ORS 807.010 (1), operating a vehicle without driving
privileges.
(d) ORS 807.570, failure to carry a license or to present a
license to a police officer.
(e) ORS 811.140, reckless driving.
(f) ORS 811.305, driving on the left on a curve or grade or at
an intersection or rail crossing.
(g) ORS 811.370, failure to drive within a lane.
(h) ORS 811.410, unsafe passing on the left.
(i) ORS 811.415, unsafe passing on the right.
(j) ORS 811.485, following too closely.
(k) Any law relating to motor vehicle traffic control if the
violation is connected to a fatal accident. This paragraph does
not apply to violations of parking laws or laws regulating
vehicle weight or equipment.
(L) Any law of another jurisdiction that corresponds to an
Oregon law described in this section.
SECTION 27. ORS 807.250 is amended to read:
807.250. (1) In addition to any requirements under ORS 807.240
and any applicable conditions under ORS 813.500 and 813.520, the
Department of Transportation may not issue a hardship permit
under ORS 807.240 to a person whose suspension of driving
privileges is based upon a conviction of any of the following
unless the person submits to the department a recommendation from
the judge before whom the person was convicted:
(a) ORS 811.140.
(b) ORS 811.540.
(c) Driving while under the influence of intoxicants. If a
person's driving privileges are suspended for a conviction for
driving while under the influence of intoxicants and the person
is determined under ORS 813.500 to have a problem condition
involving alcohol, inhalants or controlled substances as
described in ORS 813.040, the judge must:
(A) Make the recommendation with reference to the best interest
of the public as well as of the defendant and the recommendation
must be in writing.
(B) Recommend times, places, routes and days minimally
necessary for the person to seek or retain employment, to attend
any alcohol or drug treatment or rehabilitation program or to
receive necessary medical treatment for the person or a member of
the person's immediate family.
(2) The department may not issue a hardship permit to a person
whose suspension of driving privileges is based on a conviction
described in ORS 809.265.
(3) The department may not issue a hardship permit to a person
whose driver license or driver permit is suspended pursuant to
ORS 25.750 to 25.783.
(4) The department may not issue a hardship permit to a person
whose driving privileges are suspended pursuant to ORS 809.280
{ - (5) - } { + (4) + } or 809.416 (1) or (2).
SECTION 28. ORS 809.020 is amended to read:
809.020. 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 - } { + ordered + } by the court.
(2) ORS 809.010, the department shall forthwith suspend the
registration and require the owner to return the registration
Enrolled House Bill 2137 (HB 2137-B) Page 21
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.
SECTION 29. ORS 809.240 is amended to read:
809.240. (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 - } { + Order + } 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.
SECTION 30. ORS 809.412 is amended to read:
809.412. If a juvenile court finds a youth to be within the
jurisdiction of the juvenile court under ORS 419C.005 for
committing an offense that is a ground for suspension or
revocation upon conviction under ORS 809.409, 809.411, 809.413,
813.400 or 813.403 or any other law requiring suspension or
revocation of driving privileges upon conviction of an offense,
the juvenile court shall { - impose - } { + order + } the
suspension or revocation of driving privileges that is required
upon conviction of the offense.
SECTION 31. ORS 807.350 is amended to read:
807.350. (1) The Department of Transportation, at any time, may
cancel the driving privileges or part of the driving privileges
granted any person under any class of license or under any
endorsement or any driver permit if the department determines
that the person no longer meets the qualifications or
requirements for the license, endorsement or permit.
{ + (2)(a) The department may immediately cancel the driving
privileges granted any person under any class of license or under
any endorsement or any driver permit if the person is unable to
reestablish eligibility under ORS 807.340 and the department
determines that:
(A) The person is no longer able to safely operate a motor
vehicle; and
(B) The person may endanger people or property if the person's
driving privileges are not immediately canceled.
Enrolled House Bill 2137 (HB 2137-B) Page 22
(b) A cancellation under this subsection is subject to a
post-imposition hearing under ORS 809.440. + }
{ - (2) - } { + (3) + } Upon cancellation under this
section, a person whose { + driving + } privileges are canceled
shall surrender to the department any license or driver permit
issued for the driving privileges. Failure to comply with this
subsection is subject to penalty as provided under ORS 809.500.
{ - (3) - } { + (4) + } If the department cancels driving
privileges under this section, the department may provide for the
issuance of a license, driver permit or license with endorsement
or limitations granting driving privileges for which the person
does qualify or meet the requirements. The department may provide
for the waiver of all or part of the fees relating to the
issuance of a license or driver permit when the department issues
a driver permit or license under this subsection, as the
department determines equitable.
{ - (4) - } { + (5) + } A person whose driving privileges
are canceled under this section may { - only - } regain the
canceled driving privileges { + only + } by reapplying for the
privileges and establishing eligibility and qualification for the
driving privileges as provided by law.
----------
Passed by House March 1, 2011
Repassed by House May 31, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 26, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2137 (HB 2137-B) Page 23
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2137 (HB 2137-B) Page 24
