71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 296
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
CHAPTER ................
AN ACT
Relating to commercial driving privileges; creating new
provisions; and amending ORS 809.410, 810.375, 811.455, 811.460
and 811.475.
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 809. + }
SECTION 2. { + (1) The driver of a commercial motor vehicle is
subject to suspension of the driver's commercial driver license
or right to apply for a commercial driver license upon conviction
of any of the following:
(a) Failure to stop for a railroad signal in violation of ORS
811.455.
(b) Failure to follow rail crossing procedures for high-risk
vehicles in violation of ORS 811.460.
(c) Obstructing a rail crossing in violation of ORS 811.475.
(d) Failure of the operator of a commercial motor vehicle to
slow down and check that tracks are clear of an approaching train
in violation of section 7 of this 2001 Act.
(2) Upon receipt of a record of conviction for an offense
described in subsection (1) of this section, the Department of
Transportation shall suspend the convicted person's commercial
driver license or right to apply for a commercial driver license
for the following periods of time:
(a) Sixty days, upon receipt of a first record of conviction.
(b) One hundred and twenty days, if commission of a second
offense and the conviction for a separate offense occur within a
three-year period.
(c) One year, if commission of a third or subsequent offense
and two or more convictions for separate offenses occur within a
three-year period.
(3) A person is entitled to administrative review of a
suspension under this section. + }
SECTION 3. ORS 811.455 is amended to read:
811.455. (1) A person commits the offense of failure to stop
for a railroad signal if the person fails to comply with any of
the following requirements:
(a) A person who is driving a vehicle must stop the vehicle at
a clearly marked stop line on the near side of a railroad
Enrolled Senate Bill 296 (SB 296-INTRO) Page 1
crossing or, if there is no clearly marked stop line, not less
than 15 feet nor more than 50 feet from the nearest rail of the
crossing under any of the following circumstances:
(A) When a clearly visible electric or mechanical signal is
given by a device that warns of the immediate approach of a
railroad train.
(B) Upon the lowering of a crossing gate.
(C) When a signal given by a flagger { + or police officer + }
indicates the approach or passage of a railroad train.
(D) When an approaching train is clearly visible and because of
its nearness to the crossing is an immediate hazard.
(E) When an audible signal is given by an approaching railroad
train because its speed or nearness to the crossing is an
immediate hazard.
(b) A driver who has stopped for the passing of a train at a
railroad grade crossing in accordance with the provisions of this
section shall not proceed across the railroad tracks until the
driver can do so safely.
(c) A person shall not drive any vehicle through, around or
under a crossing gate or barrier at a railroad crossing while the
gate or barrier is closed or is being opened or closed.
(2) The offense described in this section, failure to stop for
a railroad signal, is a Class B traffic violation.
SECTION 4. ORS 811.460 is amended to read:
811.460. (1) A person commits the offense of failure to follow
rail crossing procedures for high-risk vehicles if the person
takes any vehicle described in this section across any railroad
tracks at grade without doing all of the following:
(a) Stopping the vehicle at a clearly marked stop line or, if
there is not a clearly marked stop line, not less than 15 feet
nor more than 50 feet from the nearest rail of the railroad.
(b) While so stopped, listening and looking in both directions
along the tracks for approaching trains and for signals
indicating approaching trains.
(c) Proceeding across the tracks after stopping only when such
movement can be performed safely in the gear of the motor vehicle
that does not require manually changing gears while proceeding.
(d) Proceeding across the tracks without manually changing
gears.
(2) This section applies to the following vehicles when moved
across railroad tracks:
(a) A school bus.
(b) A school activity vehicle with a loaded weight of 10,000
pounds or more.
(c) A worker transport bus.
(d) Any bus operated for transporting children to and from
church or an activity or function authorized by a church.
(e) Any vehicle used in the transportation of persons for hire
by a nonprofit entity as provided under ORS 825.017 (9).
(f) A commercial bus.
(g) A motor vehicle carrying as a cargo or part of a cargo any
explosive substance, inflammable liquids, corrosives or similar
substances or any cargo that the Department of Transportation
determines to be hazardous. For purposes of this paragraph, the
department may only determine a substance to be hazardous by
rule. Any rules adopted by the department to determine hazardous
substances must be consistent with substances classified as
hazardous by the United States Secretary of Transportation.
{ + (h) A tank vehicle, whether loaded or empty, used for the
transportation of any hazardous material. + }
Enrolled Senate Bill 296 (SB 296-INTRO) Page 2
(3) Exemptions to this section are provided under ORS 811.465.
(4) The offense described in this section, failure to follow
{ - in - } rail crossing procedures for high-risk vehicles, is
a Class B traffic violation.
SECTION 5. ORS 811.475 is amended to read:
811.475. (1) A person commits the offense of obstructing a rail
crossing if the person is operating a vehicle and the person
{ + does either of the following:
(a) + } Drives onto any railroad grade crossing when there is
not sufficient space on the other side of the railroad grade
crossing to accommodate the vehicle the person is operating
without obstructing the passage of other vehicles, pedestrians or
railroad trains { + ; or
(b) While driving a commercial motor vehicle, fails to
negotiate the rail crossing because of insufficient undercarriage
clearance + }.
(2) The offense described in this section is applicable whether
or not a traffic control device indicates to proceed.
(3) The offense described in this section, obstructing rail
crossings, is a Class B traffic violation.
SECTION 6. { + Section 7 of this 2001 Act is added to and made
a part of ORS chapter 811. + }
SECTION 7. { + (1) A person commits the offense of failure of
the operator of a commercial motor vehicle to slow down and check
that tracks are clear of an approaching train if the person:
(a) Is operating a commercial motor vehicle that is not
required by ORS 811.460 to stop before reaching a rail crossing;
(b) Is approaching a rail crossing at grade; and
(c) Fails to slow down and check that the tracks are clear of
an approaching train before proceeding across the railroad
tracks.
(2) The offense described in this section, failure of the
operator of a commercial motor vehicle to slow down and check
that tracks are clear of an approaching train, is a Class B
traffic violation. + }
SECTION 8. ORS 810.375 is amended to read:
810.375. (1) The judge or clerk of every court of this state
having jurisdiction of any traffic offense, including all local
and municipal judicial officers in this state:
(a) Shall keep a full record of every case in which a person is
charged with any such offense.
(b) Shall send the Department of Transportation an abstract of
conviction for any person who is convicted.
(c) Shall send the department a copy of any final judgment of
conviction of any person which results in mandatory suspension or
revocation of driving privileges or commercial driver license
under ORS 809.410, 813.400 or 813.403 { + or section 2 of this
2001 Act + }.
(d) Shall send the department a copy of any final judgment
finding a person charged with a traffic offense guilty except for
insanity and committed to the jurisdiction of the Psychiatric
Security Review Board.
(2) The department shall keep such records in its office, and
they shall be open to the inspection of any person during
reasonable business hours.
(3) To comply with this section, a judge or clerk must comply
with the following:
(a) Any information required by this section to be sent to the
department must be sent within the time provided under ORS
810.370 and must include information required by ORS 810.370.
Enrolled Senate Bill 296 (SB 296-INTRO) Page 3
(b) Information shall not be sent to the department under this
section concerning convictions excluded from ORS 810.370.
SECTION 9. 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 { + and
section 2 of this 2001 Act + } 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 { + and section 2 of this
2001 Act + } 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.
Enrolled Senate Bill 296 (SB 296-INTRO) Page 4
(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.
Enrolled Senate Bill 296 (SB 296-INTRO) Page 5
(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
Enrolled Senate Bill 296 (SB 296-INTRO) Page 6
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
Enrolled Senate Bill 296 (SB 296-INTRO) Page 7
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
Enrolled Senate Bill 296 (SB 296-INTRO) Page 8
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.
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(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
Enrolled Senate Bill 296 (SB 296-INTRO) Page 10
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
Enrolled Senate Bill 296 (SB 296-INTRO) Page 11
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
Enrolled Senate Bill 296 (SB 296-INTRO) Page 12
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.
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Passed by Senate March 7, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 25, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 296 (SB 296-INTRO) Page 13
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 296 (SB 296-INTRO) Page 14