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 3576
 
                         House Bill 3090
 
Sponsored by Representative ZAUNER (at the request of Dayton High
  School students)
 
 
                             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.
 
  Permits parent or legal guardian of holder of provisional
driver license to submit affidavit waiving certain restrictions
of provisional driver license. Permits parent or legal guardian
of person under 20 years of age to submit affidavit granting
permission for person to be passenger in motor vehicle operated
by holder of provisional driver license. Specifies that affidavit
serves as waiver of liability. Creates affirmative defense to
offense of violating license restrictions.
 
                        A BILL FOR AN ACT
Relating to provisional driver license restrictions; creating new
  provisions; and amending ORS 807.010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 807. + }
  SECTION 2.  { + A parent or legal guardian of a holder of a
provisional driver license may submit an affidavit to the
Department of Transportation that waives the restrictions imposed
by ORS 807.122 (1). A parent or legal guardian of a person under
20 years of age may submit an affidavit to the department that
grants permission for the person to be a passenger in a motor
vehicle when the operator of the motor vehicle is the holder of a
provisional driver license subject to the restrictions imposed by
ORS 807.122 (1). A passenger for whom an affidavit has been
submitted to the department may not bring, against the
provisional driver license holder who is operating the motor
vehicle, a civil action for death or injury arising out of the
negligent operation of the motor vehicle by the holder of the
provisional driver license. + }
  SECTION 3. ORS 807.010 is amended to read:
  807.010. (1) A person commits the offense of vehicle operating
without driving privileges if the person operates a motor vehicle
upon a highway or premises open to the public in this state and
the person does not have an appropriate grant of driving
privileges from this state in the form of a license, driver
permit, indorsement or statutory grant of driving privileges
allowing the person to engage in the particular type of
operation.
  (2) A person to whom a license or driver permit is issued
commits the offense of violating license restrictions if the
person operates a motor vehicle in any manner that violates
restrictions that are placed upon the person's driving privileges
by the Department of Transportation under ORS 807.120 or 807.122,
by a court under ORS 809.210 or 809.270, or by the vehicle code.
  (3) Nothing in this section is applicable to a person who is
driving while suspended or revoked in violation of ORS 811.175 or
811.182. Persons who violate ORS 811.175 or 811.182 are subject
to the provisions and penalties provided therein and are not
subject to the penalties and provisions of this section.
   { +  (4) It is an affirmative defense to a prosecution under
this section for violation of the license restrictions imposed by
ORS 807.122 (1) if the person's parent or legal guardian
submitted an affidavit to the department waiving the requirements
of ORS 807.122 (1). + }
    { - (4) - }  { +  (5) + } The offense described in subsection
(1) of this section, vehicle operating without driving
privileges, is a Class B traffic violation.
    { - (5) - }  { +  (6) + } The offense described in subsection
(2) of this section, operating in violation of license
restrictions, is a Class B traffic violation.
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