71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 159
LC 1270/SB 159-3
SENATE AMENDMENTS TO
SENATE BILL 159
By COMMITTEE ON PUBLIC AFFAIRS
May 22
On page 1 of the printed bill, delete lines 4 through 28 and
delete pages 2 through 10 and insert:
' { + SECTION 1. + } { + Section 2 of this 2001 Act is added
to and made a part of the Oregon Vehicle Code. + }
' { + SECTION 2. + } { + (1)(a) If an abandoned vehicle is
towed and the person who abandoned the vehicle is known, that
person is liable for the costs and fees under subsection (2) of
this section.
' (b) If an abandoned vehicle is towed, the person who
abandoned the vehicle is not known and the last registered owner
notified the Department of Transportation that the last
registered owner transferred the vehicle to another person, then
the transferee is liable for the costs and fees under subsection
(2) of this section.
' (c) If an abandoned vehicle is towed, the person who
abandoned the vehicle is not known and the last registered owner
failed to notify the department that the last registered owner
transferred the vehicle to another person, then the last
registered owner is liable for the costs and fees under
subsection (2) of this section.
' (2) A person who is liable under subsection (1) of this
section is liable for the costs of removal, storage and
disposition of the abandoned vehicle, fees associated with the
removal and disposal of garbage from the abandoned vehicle and
local jurisdiction fees.
' (3) If the person who is liable under subsection (1) of this
section does not pay the costs and fees under subsection (2) of
this section within 30 days from the date notification was sent
under subsection (4) of this section, the person is subject to
suspension of driving privileges under ORS 809.410.
' (4) A person who tows an abandoned vehicle for which a person
is liable under subsection (1) of this section shall:
' (a) Notify the liable person that:
' (A) The vehicle has been towed;
' (B) The liable person is liable for the costs and fees under
subsection (2) of this section; and
' (C) If the liable person does not pay the costs and fees
within 30 days from the date notification was sent, the liable
person is subject to suspension of the person's driving
privileges;
' (b) Notify the department if the liable person fails to pay
the costs and fees under subsection (2) of this section within 30
days from the date notification was sent; and
' (c) Provide the liable person an itemized receipt upon
payment of the costs and fees under subsection (2) of this
section. + }
' { + SECTION 3. + } ORS 819.100 is amended to read:
' 819.100. (1) A person commits the offense of abandoning a
vehicle if the person abandons a vehicle upon a highway or upon
any public or private property { + and fails to remove the
vehicle within 24 hours + }.
' { - (2) The owner of the vehicle as shown by the records of
the Department of Transportation shall be considered responsible
for the abandonment of a vehicle in the manner prohibited by this
section and shall be liable for the cost of removal and
disposition of the abandoned vehicle. - }
' { + (2)(a) If the person who abandoned the vehicle is
known, that person is considered responsible for the abandonment
of the vehicle in the manner prohibited by this section and is
liable for the costs and fees under section 2 (2) of this 2001
Act.
' (b) If the person who abandoned the vehicle is not known and
the last registered owner notified the Department of
Transportation that the last registered owner transferred the
vehicle to another person, then the transferee is considered
responsible for the abandonment of the vehicle in the manner
prohibited by this section and is liable for the costs and fees
under section 2 (2) of this 2001 Act.
' (c) If the person who abandoned the vehicle is not known and
the last registered owner failed to notify the department that
the last registered owner transferred the vehicle to another
person, then the last registered owner is considered responsible
for the abandonment of the vehicle in the manner prohibited by
this section and is liable for the costs and fees under section 2
(2) of this 2001 Act. + }
' (3) A vehicle abandoned in violation of this section is
subject to the provisions for removal of abandoned vehicles under
ORS 819.110 and 819.120 and to being sold as provided under ORS
819.210 or 819.220.
' (4) The offense described in this section, abandoning a
vehicle, is a Class B traffic violation.
' { + SECTION 4. + } ORS 809.410, as amended by section 6,
chapter 789, Oregon Laws 1999, is amended to read:
' 809.410. This section and ORS 813.400 and 813.403 establish
grounds for the suspension and revocation of driving privileges
and commercial driver licenses by the Department of
Transportation, whether the suspension or revocation is mandatory
or permissive, the length of time the suspensions will be
effective and special provisions relating to certain suspensions
and revocations. Hearing and administrative review procedures for
this section { - , - } { + and + } ORS 813.400 and 813.403 are
established under ORS 809.440. The following apply as described:
' (1) Any degree of murder, manslaughter or criminally
negligent homicide resulting from the operation of a motor
vehicle and assault in the first degree resulting from the
operation of a motor vehicle constitute grounds for revocation of
driving privileges. The following apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
' (b) A person whose driving privileges or right to apply for
driving privileges are revoked under this subsection may apply
for reinstatement of driving privileges eight years from the date
the person is released from incarceration for the offense, if the
sentence for the offense includes incarceration. If the sentence
does not include incarceration, the person may apply for
reinstatement eight years from the date the department revoked
the privileges or right to apply for privileges under this
subsection. The department shall not reinstate any driving
privileges to the person until the person complies with future
responsibility filings.
' (c) A person is entitled to administrative review of a
revocation under this subsection.
' (d) The provisions of this subsection do not apply to a
person whose driving privileges are ordered revoked under ORS
809.235.
' (2) Any degree of recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
' (b) A person is entitled to administrative review of a
suspension under this subsection.
' (c) A suspension under this subsection shall be for a period
described under Schedule I of ORS 809.420, except that the
department shall not reinstate any driving privileges to the
person until the person has complied with future responsibility
filings.
' (3) 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
constitutes grounds for revocation of driving privileges. The
following apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
' (b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
' (c) A person is entitled to administrative review of a
revocation under this subsection.
' (4) Any felony conviction with proof of a material element
involving the operation of a motor vehicle constitutes grounds
for revocation of driving privileges. The following apply to this
subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
' (b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
' (c) A person is entitled to administrative review of a
revocation under this subsection.
' (5) Failure to perform the duties of a driver to injured
persons under ORS 811.705 constitutes grounds for revocation of
driving privileges. The following apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
' (b) Except as provided in paragraph (c) of this subsection,
the revocation shall be for a period of one year from the date of
revocation except that the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings.
' (c) If the court indicates on the record of conviction that a
person was killed as a result of the accident, the revocation
shall be for a period of five years. The person may apply for
reinstatement of privileges five years after the date the person
was released from 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.
' (d) A person is entitled to administrative review of a
revocation under this subsection.
' (6) Reckless driving constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
' (b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except that the department shall
not reinstate any driving privileges to the person until the
person complies with future responsibility filings.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (7) Failure to perform duties of a driver when property is
damaged under ORS 811.700 constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
' (a) Upon receipt of a record of conviction of an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
' (b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (8) Fleeing or attempting to elude a police officer under ORS
811.540 constitutes grounds for suspension of driving privileges.
The following apply to this subsection:
' (a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges.
' (b) The suspension shall be for a period described under
Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (9) Failure to file accident reports required under ORS
811.725 or 811.730 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
' (a) The department shall suspend the driving privileges or
right to apply for driving privileges if the person fails to make
the required accident reports.
' (b) The suspension shall continue until the person makes the
required reports and complies with future responsibility filings
or for five years from the date of suspension, whichever is
sooner.
' (10) Failure to make future responsibility filing described
in this subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
' (a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person who fails to
comply with future responsibility filings whenever required under
the vehicle code or to provide new proof for future
responsibility filings when requested by the department.
' (b) The suspension shall continue until the person complies
with future responsibility filings.
' (c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a contested case hearing prior
to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction
or other action by a court is entitled to administrative review
of a suspension under this subsection. A person whose suspension
under this subsection is based on lapses in filing after the
initial filing has been made is entitled to administrative
review.
' (11) Failure to settle judgments as described in this
subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
' (a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person has a judgment
of the type described under ORS 806.040 rendered against the
person and the person does not settle the judgment in the manner
described under ORS 809.470 within 60 days after its entry.
' (b) A suspension under this subsection shall continue until
the person complies with future responsibility filings and does
one of the following:
' (A) Settles the judgment in the manner described in ORS
809.470.
' (B) Has an insurer which has been found by the department to
be obligated to pay the judgment provided that there has been no
final adjudication by a court that such insurer has no such
obligation.
' (C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
' (D) Receives from the court that rendered the judgment an
order permitting the payment thereof in installments.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (12) False certification of financial responsibility
requirements constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
' (a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person falsely
certifies the existence of a motor vehicle liability insurance
policy or the existence of some other means of satisfying
financial responsibility requirements or if a person, after
certifying the existence of a motor vehicle liability insurance
policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in
compliance with financial responsibility requirements.
' (b) The department shall only suspend under this subsection
if proof of compliance with financial responsibility requirements
as of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date
of the mailing of the department's demand therefor under ORS
806.160.
' (c) The suspension shall continue until the person complies
with future responsibility filings.
' (13) Failure to take examination upon request of the
department under ORS 807.340 constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
' (a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person if the
department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length
of time after being notified to do so or fails to satisfactorily
complete the required examination.
' (b) The suspension shall continue until the examination
required by the department is successfully completed.
' (c) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
' (14) Failure to obtain required medical clearance under ORS
807.070 or 807.090 upon request by the department constitutes
grounds for suspension of driving privileges. The following apply
to this subsection:
' (a) The department shall suspend the driving privileges of
the person if the department requests the person to obtain
medical clearance described by this subsection and the person
fails to do so.
' (b) The suspension under this subsection shall continue until
the required medical clearance is received by the department.
' (15) Causing or contributing to an accident resulting in
death or injury to any other person or serious property damage
through incompetence, recklessness, criminal negligence or
unlawful operation of a motor vehicle constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
' (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
' (b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
' (16) Incompetence to drive a motor vehicle because of a
mental or physical condition rendering it unsafe for a person to
drive a motor vehicle upon the highways constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
' (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. A suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440 except that a person who has submitted
a certificate of eligibility under ORS 807.090 is entitled only
to administrative review of a suspension.
' (b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
' (17) Habitual incompetence, recklessness or criminal
negligence of a driver of a motor vehicle or committing a serious
violation of the motor vehicle laws of this state constitutes
grounds for suspension of driving privileges. The following apply
to this subsection:
' (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
' (b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
' (18) A conviction under ORS 811.700 or 811.705 for failure to
perform the duties of a driver while operating a commercial motor
vehicle or any conviction of a crime punishable as a felony
involving the operation of a commercial motor vehicle constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
' (b) The suspension shall be for a period of time according to
the following:
' (A) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was not driving a commercial motor
vehicle containing a hazardous material at the time the offense
was committed, the suspension shall be for a period of one year.
' (B) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was driving a commercial motor vehicle
containing a hazardous material at the time the offense was
committed, the suspension shall be for a period of three years.
' (C) If the person's commercial driver license has previously
been suspended under this subsection, ORS 813.403 or 813.410 (2),
the suspension shall be for the lifetime of the person.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (19) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony involving the manufacturing,
distributing or dispensing of a controlled substance constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
' (a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
' (b) The suspension shall be for the lifetime of the person.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (d) 'Controlled substance' has the meaning given that term in
ORS 475.005 (6).
' (20) Incompetence to operate a motorcycle constitutes grounds
for revocation of a motorcycle indorsement. The following apply
to this subsection:
' (a) Whenever the department has reason to believe an
individual with a motorcycle indorsement under ORS 807.170 comes
within the grounds described in this subsection, the department
may revoke the indorsement.
' (b) Upon revocation under this subsection, the license shall
be surrendered to the department.
' (c) Upon surrender of the indorsed license, the department
may issue a license without indorsement for the unexpired period
of the license.
' (21) The department forthwith shall suspend the driving
privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident
at any time when the department determines the person has been
operating a vehicle in violation of ORS 806.010. A suspension
under this subsection shall be for a period of one year except
that the department shall not reinstate any driving privileges to
the person until the person complies with future responsibility
filing requirements.
' (22) Upon notification by the superintendent of a hospital
under ORS 807.700 that a person should not drive, the department
shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review and shall continue until such time as the
person produces a judicial decree of competency or a certificate
from the superintendent of the hospital that the person is
competent or establishes eligibility under ORS 807.090.
' (23) Upon notification by a court under ORS 810.375 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review and shall continue until such time as the person
establishes eligibility under ORS 807.090.
' (24) The department shall suspend driving privileges when
provided under ORS 809.290. The suspension shall continue until
the earlier of the following:
' (a) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.290 to make the person not subject to suspension.
' (b) Five years from the date the suspension is imposed.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (25) Criminal trespass under ORS 164.245 that involves the
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to suspension on
grounds described in this subsection:
' (a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges of the person
convicted for a period of six months from the date of suspension.
' (b) A person is entitled to administrative review of a
suspension under this subsection.
' (26) Agreements entered under ORS 802.530 may establish
grounds and procedures for the suspension of driving privileges.
' (27) Violation of restrictions placed on driving privileges
under ORS 807.120 or 809.310 constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
' (a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department receives satisfactory evidence that the person has
violated restrictions placed on the person's driving privileges.
Any suspension under this paragraph shall be subject to a
post-imposition hearing under ORS 809.440.
' (b) A suspension under this subsection shall continue for a
period determined by the department, but in no event for longer
than one year, and shall be subject to any conditions the
department determines necessary.
' (28)(a) The department shall suspend driving privileges as
provided under ORS 809.405.
' (b) The suspension shall continue until the person reaches 18
years of age or until the suspension is terminated as provided in
ORS 809.405.
' (c) A person is entitled to administrative review of a
suspension under this subsection.
' (29) Upon receipt of a record of a person's second conviction
of a serious traffic violation within a three-year period, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license if the
convictions arose out of separate incidents. A suspension under
this subsection shall be for a period of 60 days. A person is
entitled to administrative review of a suspension under this
subsection.
' (30) Upon receipt of a record of a person's third or
subsequent conviction of a serious traffic violation within a
three-year period, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license if the convictions arose out of separate
incidents. A suspension under this subsection shall be for a
period of 120 days. A person is entitled to administrative review
of a suspension under this subsection.
' (31)(a) Upon receipt of a record of conviction of an offense
described in ORS 809.310, the department shall, or upon
determination by the department that the person has committed an
act that constitutes such an offense, the department may suspend
any driving privileges, any right to apply for privileges or any
identification card of the person convicted or determined to have
committed the act.
' (b) A suspension under this subsection shall continue for a
period of one year.
' (c) A person is entitled to administrative review of a
suspension under this subsection if the suspension is based upon
a conviction. If the suspension is based upon a determination by
the department, the person is entitled to a hearing as described
in ORS 809.440.
' (32) Except as otherwise provided in subsection (34) of this
section, upon receipt of a first notice indicating that a person
has violated an out-of-service order issued under ORS 813.050 or
has knowingly violated any other out-of-service order or notice,
the department shall suspend the person's commercial driver
license or right to apply for a commercial driver license for a
period of 90 days. For purposes of this subsection, 'notice '
includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
' (33) Except as otherwise provided in subsection (35) of this
section, upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order issued under ORS 813.050 or has knowingly
violated any other out-of-service order or notice, the department
shall suspend the person's commercial driver license or right to
apply for a commercial driver license for a period of three
years. For purposes of this subsection, 'notice' includes, but
is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with
jurisdiction to make such determinations that the person has
violated an out-of-service order or notice. A person is entitled
to administrative review of a suspension under this subsection.
' (34) Upon receipt of a first notice indicating that a person
has violated an out-of-service order while transporting hazardous
materials required to be placarded, or while operating a motor
vehicle designed to transport 16 or more persons, including the
driver, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
for a period of one year. For purposes of this subsection, '
notice' includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
' (35) Upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order, if the person was transporting hazardous
materials required to be placarded, or was operating a motor
vehicle designed to transport 16 or more persons, including the
driver, then regardless of the load or kind of vehicle involved
in the first notice, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license for a period of five years. For purposes of this
subsection, 'notice' includes, but is not necessarily limited to,
a record of conviction and a record of a determination by a state
or federal agency with jurisdiction to make such determinations
that the person has violated an out-of-service order or notice. A
person is entitled to administrative review of a suspension under
this subsection.
' (36) Upon receipt of a record of a person's conviction of
reckless endangerment of highway workers under ORS 811.231 (1),
the department shall suspend the person's driving privileges or
right to apply for driving privileges. The suspension shall be
for periods of time described under Schedule I of ORS 809.420
except the department shall not reinstate any driving privileges
to the person until the person complies with future
responsibility filings. A person is entitled to administrative
review of a suspension under this subsection.
' (37) Upon notification by a school superintendent or a school
district board under ORS 339.254, the department shall suspend
the driving privileges of a person or the right to apply for
driving privileges. The suspension shall be for the amount of
time stated in the notice. A person is entitled to administrative
review of a suspension under this subsection.
' (38)(a) Assault in the second, third or fourth degree
resulting from the operation of a motor vehicle constitutes
grounds for suspension of driving privileges. Upon receipt of a
record of conviction for assault in the second, third or fourth
degree, the department shall suspend the driving privileges or
right to apply for driving privileges of the person convicted.
' (b) A person who is convicted of assault in the second degree
and whose driving privileges or right to apply for 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 or right to apply for
privileges under this subsection.
' (c) A person who is convicted of assault in the third degree
and whose driving privileges or right to apply for 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 or right to apply for
privileges under this subsection.
' (d) A person who is convicted of assault in the fourth degree
and whose driving privileges or right to apply for 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 or right to apply for
driving privileges one year from the date the department
suspended the privileges or right to apply for privileges under
this subsection.
' (e) The department shall not reinstate any driving privileges
to the person whose privileges are suspended under this
subsection until the person complies with future responsibility
filings.
' (f) A person is entitled to administrative review of a
suspension under this subsection.
' (39) Upon receipt of notification of a court order that a
person's driving privileges or right to apply for driving
privileges be suspended for violation of ORS 167.401, the
department shall suspend the driving privileges or the right to
apply for driving privileges of the person subject to the order
for the time specified in the order. A person is entitled to
administrative review of a suspension under this subsection.
' (40) Withdrawal from school by a person under 18 years of age
constitutes grounds for suspension of driving privileges. Upon
receipt of a notice under ORS 339.257 that a person under 18
years of age has withdrawn from school, the department shall
notify the person that driving privileges will be suspended on
the 30th day following the date of the notice unless the person
presents documentation that complies with ORS 807.066. A
suspension under this subsection shall continue until the person
reaches 18 years of age or until the person presents
documentation that complies with ORS 807.066. Appeals of a
suspension under this subsection shall be as provided by a school
district or private school under a policy adopted in accordance
with ORS 339.257. { +
' (41) Upon notification by the person who towed an abandoned
vehicle that the person who is liable under section 2 of this
2001 Act has not paid, within 30 days from the date notification
was sent, the costs and fees under section 2 of this 2001 Act,
the department shall suspend the liable person's driving
privileges. The department shall reinstate the driving
privileges when:
' (a) The person whose driving privileges are suspended
presents the department with a receipt indicating that all costs
and fees have been paid; and
' (b) The person whose driving privileges are suspended has
paid the fee for reinstatement of suspended driving privileges
under ORS 807.370. + }
' { + SECTION 5. + } { + Section 2 of this 2001 Act and the
amendments to ORS 809.410 and 819.100 by sections 3 and 4 of this
2001 Act apply to vehicles abandoned on or after the effective
date of this 2001 Act. + } ' .
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