71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 849
 
                         House Bill 2135
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Transportation)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes Department of Transportation to waive driving or
knowledge test for driver license under specified circumstances.
  Increases period of validity of Class C instruction driver
permit.
  Provides that if emergency permit is canceled, person is
ineligible for another emergency permit for one year.
 
                        A BILL FOR AN ACT
Relating to driving privileges; creating new provisions; and
  amending ORS 807.070, 807.220 and 807.280.
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.
  (c) The test under this subsection shall include, but is not
limited to, the following subjects:
  (A) Rights of blind pedestrians.
  (B) The meaning of official traffic signs and signals.
  (C) Proper operating procedure in emergency situations.
  (D) Vehicle safety equipment and its use.
  (E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
   { +  (d) The department may waive the test under circumstances
described in 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; or
  (b) Is given in conjunction with a motorcycle rider education
course established under ORS 802.320.
  (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.
  (c) The holder of the permit must wear an approved helmet while
operating a 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.
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