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 850-1
Senate Bill 298
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)
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.
Repeals statutory requirement that Department of Transportation
suspend driver license of person under 18 years of age who
commits specified offenses.
Repeals separate provision for driver improvement program for
persons under 18 years of age. Provides that department may adopt
rules regarding driver improvement programs, including rules
creating programs for persons under 18 years of age. Authorizes
programs for persons not granted driving privileges.
Declares emergency, effective on passage. Delays operation
until January 1, 2002, except for adoption of rules by
department.
A BILL FOR AN ACT
Relating to driver improvement programs; creating new provisions;
amending ORS 807.060, 807.065, 809.410, 809.480, 811.110 and
811.231 and section 5, chapter 796, Oregon Laws 1999; repealing
ORS 809.405; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 809.405 is repealed. + }
SECTION 2. ORS 809.480 is amended to read:
809.480. (1) The Department of Transportation { - is
authorized to - } { + may + } establish, by administrative
rule, { - a program - } { + programs + } for the improvement
of { - drivers granted driving privileges - } { + the driving
behavior of persons who drive + } in this state. The
{ - program - } { + programs + } shall have as { - its - }
{ + their + } goal the reduction of traffic convictions and
especially accidents. The { - program - } { + programs + }
may include, but { - shall - } { + need + } not be limited
to { + , + } letters, interviews and classroom instruction.
{ + (2) The department may establish programs for persons who
are under 18 years of age that are different from programs for
adults. Differences may include, but need not be limited to,
differences in criteria for entry into a program and differences
in content. + }
{ - (2) - } { + (3) + } The department, under { - the - }
{ + a + } program authorized by this section, may suspend
driving privileges based on any of the following:
(a) A person's record of convictions or accidents.
(b) A person's failure or refusal to complete or comply with a
requirement of { - the - } { + a + } program established by
the department under this section.
{ - (3) - } { + (4) + } The department { - is authorized
to - } { + may + } charge a reasonable fee to participants in
{ - the - } { + a + } driver improvement program to cover
costs of administration.
{ - (4) - } { + (5) + } Any suspension that the department
stays under
{ - the - } { + a + } driver improvement program in this
section shall continue for the full term of the suspension if a
person fails to complete the program. For purposes of ORS 809.410
and 813.400 and for purposes of reinstating driving privileges,
the stay of a suspension under this section shall not be used to
determine the length of time a person's driving privileges have
been suspended if the person does not successfully complete the
program.
{ - (5) - } { + (6) + } A person is entitled to
administrative review of a suspension imposed under this section
if based on a conviction.
SECTION 3. ORS 807.060 is amended to read:
807.060. The Department of Transportation shall not grant
driving privileges to a person under a license if the person is
not eligible under this section. The following are not eligible
for a license:
(1) A person under 16 years of age.
(2)(a) A person under 18 years of age who is not an emancipated
minor unless the application of the person is signed by the
person's mother, father or guardian or, if the person has no
father, mother or guardian, by the person's employer. A person
who signs an application under this paragraph may have the
driving privileges canceled as provided under ORS 809.320.
(b) A person under 18 years of age who does not meet the
requirements of ORS 807.065.
(3) Notwithstanding subsection (2) of this section, a person
under 18 years of age is not eligible for a commercial driver
license.
(4) A person that the department determines has a problem
condition involving alcohol, inhalants or controlled substances
as described under ORS 813.040.
(5) A person the department reasonably believes is subject to
any condition which brings about momentary or prolonged lapses of
consciousness or control that is or may become chronic.
(6) A person the department reasonably believes has a physical
or mental disability or disease serving to prevent the person
from exercising reasonable and ordinary control over a motor
vehicle while operating it upon the highways.
(7) A person the department reasonably believes is unable to
understand highway signs that warn, regulate or direct traffic.
(8) A person who is required to make future responsibility
filings but has not made filings as required.
(9) A person who cannot be issued a license under the Driver
License Compact under ORS 802.540.
(10) A person who is not subject to the Driver License Compact
under ORS 802.540 but whose driving privileges are currently
under suspension or revocation in any other state upon grounds
which, if committed in this state, would be grounds for the
suspension or revocation of the driving privileges of the person.
(11) A person who has been declared a habitual offender under
ORS 809.640. A person declared not eligible to be licensed under
this subsection may become eligible by having eligibility
restored under ORS 809.640.
(12) A person whose driving privileges are canceled in this
state under ORS 809.310 until the person is eligible under ORS
809.310.
(13) A person while the person's driving privileges are revoked
in this state.
(14) A person during a period when the person's driving
privileges are suspended in this state.
(15) A person who holds a current out-of-state license or
driver permit or a valid Oregon license or driver permit. A
person who is not eligible under this subsection may become
eligible by surrendering the license, driver permit or
out-of-state license or driver permit to the department before
issuance of the license. Nothing in this subsection authorizes a
person to continue to operate a motor vehicle on the basis of an
out-of-state license or permit if the person is required by ORS
807.062 to obtain an Oregon license or permit.
(16) A person who has not complied with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
license.
{ - (17) A person 18 years of age or older whose provisional
driver license was suspended under ORS 809.405, if the department
reasonably believes that the person is not adequately reformed.
As a requirement for eligibility, the department may require the
person to complete a driver improvement program established by
the department under ORS 809.480. - }
SECTION 4. ORS 807.065, as amended by section 5, chapter 789,
Oregon Laws 1999, is amended to read:
807.065. (1) The Department of Transportation shall not issue a
driver license to a person who is under 18 years of age unless
the person:
(a) Complies with the requirements of ORS 807.040 and 807.066;
(b) Passes an examination designed to test the person's
knowledge and understanding of safe driving practices, in
addition to any examination required under ORS 807.070;
(c) Has had an instruction driver permit issued under ORS
807.280 for at least six months prior to application for the
license;
(d) Certifies to the department that the person has had at
least 50 hours of driving experience during which the person was
supervised by a person at least 21 years of age who has had a
valid driver license for at least three years; and
(e) Completes a traffic safety education course that meets
standards developed by the department under ORS 802.345. In lieu
of completion of a traffic safety education course, a person may
certify to the department that the person has had at least 50
hours of driving experience during which the person was
supervised by a person at least 21 years of age who has had a
valid driver license for at least three years, in addition to the
50 hours required by paragraph (d) of this subsection.
(2) A person under 18 years of age need not comply with the
requirements of subsection (1)(c), (d) and (e) of this section if
the person has been issued a driver license by another state and
surrenders that license in order to get an Oregon license.
(3) If the person takes but does not pass a test that consists
of an actual demonstration of driving ability under ORS 807.070,
the department may not allow the person to perform the
demonstration again until the person has had an instruction
permit issued pursuant to ORS 807.280 for a period of not less
than one month.
(4) A driver license issued pursuant to this section shall be a
provisional driver license { + . + } { - subject to the
provisions of ORS 809.405 in addition to any other provision of
law. - }
(5) The department shall prominently identify each driver
license issued pursuant to this section as a provisional driver
license.
SECTION 5. 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, 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) - } { + (28) + } 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) - } { + (29) + } 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) - } { + (30) + }(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) - } { + (31) + } Except as otherwise provided in
subsection { - (34) - } { + (33) + } 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) - } { + (32) + } Except as otherwise provided in
subsection { - (35) - } { + (34) + } 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) - } { + (33) + } 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) - } { + (34) + } 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) - } { + (35) + } 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) - } { + (36) + } 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) - } { + (37) + }(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) - } { + (38) + } 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) - } { + (39) + } 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.
SECTION 6. ORS 811.110 is amended to read:
811.110. (1) A person commits the offense of violation of the
federal maximum speed limit if:
(a) A federal maximum speed limit is established under ORS
810.180; and
(b) The person operates a vehicle at a speed in excess of the
federal maximum speed limit.
(2) Except as otherwise provided in ORS 809.410 { - (29) - }
{ + (28) + } and { - (30) - } { + (29) + } for operators of
commercial motor vehicles, in no event shall the Department of
Transportation suspend or revoke a person's driving privileges in
this state solely on the grounds that the person has incurred one
or more convictions of a violation of the federal maximum speed
limit.
(3) The offense described in this section, violation of the
federal maximum speed limit, is punishable as provided in ORS
811.109.
SECTION 7. ORS 811.231 is amended to read:
811.231. (1) A person commits the offense of reckless
endangerment of highway workers if the person drives a motor
vehicle in a highway work zone in such a manner as to endanger
persons or property or if the person removes, evades or
intentionally strikes a traffic control device in a highway work
zone.
(2) Reckless endangerment of highway workers is a Class A
misdemeanor. In addition to any other penalty, a person convicted
of reckless endangerment of highway workers is subject to
suspension of driving privileges as provided in ORS 809.410
{ - (36) - } { + (35) + }.
SECTION 8. Section 5, chapter 796, Oregon Laws 1999, is amended
to read:
{ + Sec. 5. + } Notwithstanding section 3, chapter 661,
Oregon Laws 1995:
(1) A person is not subject to the amendments to ORS 809.410
(1) by section 1, chapter 661, Oregon Laws 1995, if the person's
driving privileges or right to apply for driving privileges were
revoked under ORS 809.410 (1) and had been reinstated before
September 9, 1995.
(2) Except as provided in subsection (3) of this section, a
person whose driving privileges or right to apply for driving
privileges were revoked under ORS 809.410 (1) and who was on
parole, post-prison supervision or probation for the offense on
September 9, 1995, may apply for reinstatement of driving
privileges eight years after the date the original revocation was
imposed.
(3) A person is eligible for suspension of driving privileges
or for suspension of the right to apply for driving privileges
under the terms and conditions provided in ORS 809.410 (38)
{ + (1999 Edition) + } if the person was convicted of assault in
the second, third or fourth degree prior to { - the effective
date of this 1999 Act - } { + July 20, 1999, + } and either:
(a) The person's driving privileges or right to apply for
driving privileges were revoked under ORS 809.410 (1) because of
the conviction and have not been reinstated; or
(b) A revocation under ORS 809.410 (1) because of the
conviction is pending on { - the effective date of this 1999
Act - } { + July 20, 1999 + }.
(4) If a person is eligible for suspension of driving
privileges or suspension of the right to apply for driving
privileges as provided in subsection (3) of this section, when
the Department of Transportation receives an application from the
person, the department shall change the revocation to a
suspension under the terms and conditions provided in ORS 809.410
(38) { + (1999 Edition) + }. For purposes of determining when a
person may apply for reinstatement of driving privileges, the
date the department suspended driving privileges or the right to
apply for driving privileges is the date the department
originally revoked the privileges or right to apply for
privileges under ORS 809.410 (1) for a conviction of assault in
the second, third or fourth degree.
SECTION 9. { + (1) The repeal of ORS 809.405 by section 1 of
this 2001 Act and the amendments to ORS 807.060, 807.065,
809.410, 809.480, 811.110 and 811.231 and section 5, chapter 796,
Oregon Laws 1999, by sections 2 to 8 of this 2001 Act become
operative on January 1, 2002.
(2) Prior to the operative date specified in this section, the
Department of Transportation may adopt any rules it deems
necessary for implementation of the repeal of ORS 809.405 by
section 1 of this 2001 Act and the amendments to ORS 809.480 by
section 2 of this 2001 Act. + }
SECTION 10. { + The repeal of ORS 809.405 by section 1 of this
2001 Act does not relieve a person of any rights, obligations or
liabilities created by the person's enrollment in a program under
ORS 809.405 (1999 Edition) prior to the operative date of the
repeal. The Department of Transportation shall adopt rules that
provide for transition for persons who are enrolled in programs
under ORS 809.405 (1999 Edition) on the operative date of section
1 of this 2001 Act to programs established under ORS 809.480. + }
SECTION 11. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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