Chapter 410 Oregon Laws 2001

AN ACT

HB 2135

Relating to driving privileges; creating new provisions; amending ORS 807.070, 807.122, 807.220 and 807.280; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 807.070 is amended to read:

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

(1) A test of the applicant’s eyesight.

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

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

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

(A) Rights of blind pedestrians.

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

(D) Vehicle safety equipment and its use.

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

(d) The department may waive the test under circumstances described in section 3 of this 2001 Act.

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

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

[(b) The department may waive the actual demonstration for any applicant for a commercial driver license who submits to the department a certificate of competency, issued under ORS 807.080 for the class of license sought or under other circumstances, established by the department by rule, where the applicant establishes the applicant’s ability to drive without an actual demonstration.]

[(c) The department may issue a Class A farm indorsement without requiring additional tests to a person who has a Class C or Class 4 driver license or a valid driver license issued prior to October 1, 1986, if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class A commercial driver license and the person’s two-part driving record does not show either a traffic accident within two years of the date of application for the indorsement or a conviction for one of the following traffic crimes within five years of the date of application for the indorsement:]

[(A) Reckless driving, as defined in ORS 811.140.]

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

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

[(D) Criminal driving while suspended or revoked, as defined in ORS 811.182.]

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

[(d) The department may issue a Class B farm indorsement without requiring additional tests to a person who has a Class C or Class 4 driver license or a valid driver license issued prior to October 1, 1986, if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class B commercial driver license and the person’s two-part driving record does not show either a conviction for a traffic crime specified in paragraph (c) of this subsection within five years of the date of application for the indorsement or a traffic accident within two years of the date of application for the indorsement.]

[(e) The department by rule may establish other circumstances under which a farm indorsement may be issued without an actual demonstration. The authority granted by this paragraph includes, but is not necessarily limited to, authority to adopt rules specifying circumstances under which the indorsement may be granted to a person despite the appearance of traffic accidents on the person’s record.]

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

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

(c) The department may waive the demonstration under circumstances described in section 3 of this 2001 Act.

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

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS chapter 807.

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

(a) Is given in conjunction with a traffic safety education course certified by the department under ORS 802.345;

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

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

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

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

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

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

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

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

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

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

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

(6) The department by rule may establish other circumstances under which a farm indorsement may be issued without an actual demonstration. The authority granted by this subsection includes, but is not limited to, authority to adopt rules specifying circumstances under which the indorsement may be granted to a person despite the appearance of traffic accidents on the person’s record.

SECTION 4. 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.

(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 fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

(h) 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.

(i) If an emergency driver permit is canceled, the person issued the permit is ineligible to be issued [any license or driver permit until the person is old enough to be eligible for a Class C license as provided under ORS 807.060] another emergency driver permit for a period of one year.

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

(4) The department may issue an emergency driver permit, if the person qualifies for the permit, to a person whose driving privileges are suspended under ORS 809.280 because the department has received an order of denial of driving privileges under ORS 809.260. For purposes of this subsection an emergency situation that leaves the applicant with no alternative means to travel to and from school is an emergency for purposes of this section in addition to other emergency situations.

SECTION 5. ORS 807.280 is amended to read:

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

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

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

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

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

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

(3) The only fee required for issuance of an instruction driver permit is the instruction driver permit issuance fee under ORS 807.370.

(4) A Class C instruction driver permit shall be valid for [18] 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. A permit issued under this section may not be renewed.

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

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

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

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

(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

SECTION 6. ORS 807.122 is amended to read:

807.122. The Department of Transportation shall place the following restrictions on a provisional driver license issued under ORS 807.065:

(1)(a) For the first six months after issuance of the license, the holder of the license may not operate a motor vehicle that is carrying a passenger under 20 years of age who is not a member of the holder’s immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under 20 years of age and who are not members of the holder’s immediate family.

(b) Paragraph (a) of this subsection does not apply to a holder of a license who is 16 or 17 years of age and who is operating a motor vehicle with an instructor in the vehicle as part of a certified traffic safety education course.

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

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

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

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

SECTION 7. The amendments to ORS 807.220 and 807.280 by sections 4 and 5 of this 2001 Act become operative January 1, 2002.

SECTION 8. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date July 1, 2001

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