Chapter 402 Oregon Laws 2003

AN ACT

SB 245

Relating to actions taken by the Department of Transportation; creating new provisions; amending ORS 802.200, 802.550, 806.010, 806.070, 806.200, 806.230, 806.240, 807.170, 807.340, 807.400, 807.700, 809.130, 809.235, 809.240, 809.290, 809.370, 809.380, 809.407, 809.420, 809.440, 809.450, 809.460, 809.470, 809.480, 810.375, 811.110, 811.182, 811.231, 813.052, 813.400, 813.403 and 813.404; and repealing ORS 809.410.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 to 9 of this 2003 Act are added to and made a part of the Oregon Vehicle Code.

REVOCATION FOR CONVICTION OF A CRIME

SECTION 2. (1)(a) Upon receipt of a record of conviction of an offense described in this section, the Department of Transportation shall revoke the driving privileges of the person convicted.

(b) A person is entitled to administrative review under ORS 809.440 of a revocation under this section.

(c) Except as otherwise provided in subsections (2) and (3) of this section, the revocation shall be for a period of one year from the date of revocation, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.

(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of 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, except that the provisions of this subsection do not apply to a person whose driving privileges are ordered revoked under ORS 809.235. A person whose driving privileges are revoked under this subsection may apply for reinstatement of driving privileges:

(a) If the sentence for the offense includes incarceration, eight years from the date the person is released from incarceration for the offense; or

(b) If the sentence does not include incarceration, eight years from the date the department revoked the privileges under this subsection.

(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform the duties of a driver to injured persons under ORS 811.705. The department shall revoke driving privileges under this subsection for a period of five years if the court indicates on the record of conviction that a person was killed as a result of the accident. The person may apply for reinstatement of privileges five years after the date the person was released from incarceration, if the sentence includes 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.

(4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of 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.

(5) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any felony with a material element involving the operation of a motor vehicle.

SUSPENSION FOR CONVICTION OF A CRIME

SECTION 3. (1)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.

(b) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

(c) Except as otherwise provided in subsections (7), (8) and (9) of this section, the suspension shall be for the period of time described in Schedule I of ORS 809.420, except that the department may not reinstate driving privileges of any person whose privileges are suspended under this section until the person complies with future responsibility filings.

(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.

(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless driving under ORS 811.140.

(4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform duties of a driver when property is damaged under ORS 811.700.

(5) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of fleeing or attempting to elude a police officer under ORS 811.540.

(6) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless endangerment of highway workers under ORS 811.231 (1).

(7) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of criminal trespass under ORS 164.245 that involves the operation of a motor vehicle. A suspension under this subsection shall continue for a period of six months from the date of suspension.

(8) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of an offense described in ORS 809.310. A suspension under this subsection shall continue for a period of one year from the date of the suspension.

(9)(a) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle.

(b) A person who is convicted of assault in the second degree and whose 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 under this subsection.

(c) A person who is convicted of assault in the third degree and whose 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 under this subsection.

(d) A person who is convicted of assault in the fourth degree and whose 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 one year from the date the department suspended the privileges under this subsection.

COMMERCIAL DRIVER LICENSES

SECTION 4. (1) Upon receipt of a record of conviction of an offense described in this section, or upon notice of violation of an out-of-service order as provided in this section, the Department of Transportation shall suspend the commercial driver license of the person convicted of the offense or found to have violated the order. A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver while operating a commercial motor vehicle or upon receipt of any record of conviction of a crime punishable as a felony involving the operation of a commercial motor vehicle. A suspension under this subsection 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 section 3 (2) of this 2003 Act, 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 section 3 (2) of this 2003 Act 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 section 3 (2) of this 2003 Act, the suspension shall be for the lifetime of the person.

(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of a crime punishable as a felony that involves the manufacturing, distributing or dispensing of a controlled substance and in which a commercial motor vehicle was used. A suspension under this subsection shall be for the lifetime of the person. As used in this subsection, “controlled substance” has the meaning given that term in ORS 475.005 (6).

(4) The department shall take action under subsection (1) of this section upon receipt of a record of a person’s second conviction of a serious traffic violation within a three-year period if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 60 days.

(5) The department shall take action under subsection (1) of this section upon receipt of a record of a person’s third or subsequent conviction of a serious traffic violation within a three-year period if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 120 days.

(6)(a) For purposes of this subsection and subsections (7), (8) and (9) of this section, “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.

(b) Except as otherwise provided in subsection (7) of this section, the department shall take action under subsection (1) 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. A suspension under this subsection shall be for a period of 90 days.

(7) The department shall take action under subsection (1) of this section 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. A suspension under this subsection shall be for a period of one year.

(8) Except as otherwise provided in subsection (9) of this section, the department shall take action under subsection (1) 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. A suspension under this subsection shall be for a period of three years.

(9) The department shall take action under subsection (1) 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 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, regardless of the load or kind of vehicle involved in the first notice. A suspension under this subsection shall be for a period of five years.

JUDGMENTS, FINANCIAL RESPONSIBILITY, DISHONESTY

SECTION 5. (1)(a) The Department of Transportation shall suspend the driving privileges of a person who has a judgment of the type described under ORS 806.040 rendered against the person if 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 does one of the following:

(A) Settles the judgment in the manner described in ORS 809.470.

(B) Has an insurer that 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 the 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 of the judgment in installments.

(c) A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.

(2)(a) The department shall suspend the driving privileges of a person who falsely certifies the existence of a motor vehicle liability insurance policy or the existence of some other means of satisfying financial responsibility requirements or of a person who, 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) Notwithstanding paragraph (a) of this subsection, the department may suspend under this subsection only 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 under ORS 806.160.

(c) A suspension under this subsection shall continue until the person complies with future responsibility filings.

(3)(a) The department shall suspend the driving privileges of a person who fails to comply with future responsibility filings whenever required under the vehicle code or fails to provide new proof for future responsibility filings when requested by the department.

(b) A suspension under this subsection 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 hearing under ORS 809.440 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 under ORS 809.440 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 under ORS 809.440.

(4)(a) 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.

(b) A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.

(5) Upon determination by the department that a person has committed an act that constitutes an offense described in ORS 809.310, the department may suspend any driving privileges or any identification card of the person determined to have committed the act. A suspension under this subsection shall continue for a period of one year.

ACCIDENTS

SECTION 6. (1)(a) The Department of Transportation shall suspend the driving privileges of a person who fails to file an accident report required under ORS 811.725 or 811.730.

(b) A suspension under this subsection shall continue until the person files the required report or for five years from the date of suspension, whichever is sooner.

(2) The department 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.

(3)(a) The department may suspend the driving privileges of a person who, through incompetence, recklessness, criminal negligence or unlawful operation of a motor vehicle, causes or contributes to an accident that results in death or injury to another person or in serious property damage.

(b) A suspension under this subsection shall continue for a period determined by the department and shall be subject to any conditions the department determines to be necessary.

(c) The department may impose an immediate suspension of driving privileges of any person described in paragraph (a) of this subsection without hearing and without receiving a record of the conviction of the person of a crime if the department has reason to believe that the person may endanger people or property if the person’s driving privileges are not immediately suspended. A suspension under this paragraph is subject to a post-imposition hearing under ORS 809.440.

SECTION 6a. Notwithstanding section 1, chapter 115, Oregon Laws 2003 (Enrolled House Bill 2262) (amending ORS 809.410), if House Bill 2262 becomes law, ORS 809.410 is repealed.

SECTION 6b. If House Bill 2262 becomes law, section 6 of this 2003 Act is amended to read:

Sec. 6. (1)(a) The Department of Transportation shall suspend the driving privileges of a person who fails to file an accident report required under ORS 811.725 or 811.730.

(b) A suspension under this subsection shall continue until the person files the required report or for five years from the date of suspension, whichever is sooner.

[(3)(a) The department may suspend the driving privileges of a person who, through incompetence, recklessness, criminal negligence or unlawful operation of a motor vehicle, causes or contributes to an accident that results in death or injury to another person or in serious property damage.]

(3)(a) The department may suspend the driving privileges of a person who, while operating a motor vehicle, causes or contributes to an accident resulting in death to any other person if the department has reason to believe that the person’s incompetence, recklessness, criminal negligence or unlawful operation of the vehicle caused or contributed to the accident.

(b) A suspension under this subsection shall continue for a period determined by the department and shall be subject to any conditions the department determines to be necessary.

SECTION 6c. The amendments to section 6 of this 2003 Act by section 6b of this 2003 Act apply to accidents occurring on or after the effective date of this 2003 Act.

PHYSICAL OR MENTAL COMPETENCE

SECTION 7. (1)(a) The Department of Transportation shall suspend the 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. A suspension under this subsection shall continue until the examination required by the department is successfully completed.

(b) Upon suspension under this subsection, the department may issue an identification card to the person for identification purposes as described under ORS 807.400.

(2) The department shall suspend the driving privileges of a person if the department requests the person to obtain medical clearance under ORS 807.070 or 807.090 and the person fails to do so. The suspension under this subsection shall continue until the required medical clearance is received by the department.

(3)(a) The department may suspend the driving privileges of a person who is incompetent to drive a motor vehicle because of a mental or physical condition that makes it unsafe for the person to drive on the highways.

(b) A suspension under this subsection shall continue for a period determined by the department and shall be subject to any conditions the department determines to be necessary.

(4)(a) Whenever the department has reason to believe an individual with a motorcycle endorsement under ORS 807.170 is incompetent to operate a motorcycle, the department may revoke the endorsement.

(b) Upon revocation under this subsection, the endorsed license shall be surrendered to the department.

(c) Upon surrender of the endorsed license, the department may issue a license without endorsement for the unexpired period of the license.

(5) 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 under ORS 809.440 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.

(6) 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 under ORS 809.440 and shall continue until such time as the person establishes eligibility under ORS 807.090.

SUSPENSIONS FOR MISCELLANEOUS DRIVING-RELATED ACTIONS

SECTION 8. (1)(a) The Department of Transportation may suspend the driving privileges of a person who:

(A) Is habitually incompetent, reckless or criminally negligent in the operation of a motor vehicle; or

(B) Commits a serious violation of the motor vehicle laws of this state.

(b) A suspension under this subsection shall continue for a period determined by the department and shall be subject to any conditions the department determines to be necessary.

(2) Agreements entered under ORS 802.530 may establish grounds and procedures for the suspension of driving privileges.

(3) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of the person of a crime if the department receives satisfactory evidence that the person has violated restrictions placed on the person’s driving privileges under ORS 807.120. A suspension under this subsection shall be subject to a post-imposition hearing under ORS 809.440. 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 to be necessary.

SUSPENSIONS FOR

NONDRIVING-RELATED ACTIONS

BY MINORS

SECTION 9. (1) Upon request by a school superintendent or a school district board under ORS 339.254, the Department of Transportation shall suspend the driving privileges of a person. The suspension shall be for the amount of time stated in the request. A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.

(2) Upon receipt of notification of a court order that a person’s driving privileges be suspended for violation of ORS 167.401, the department shall suspend the driving privileges of the person subject to the order for the time specified in the order. A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.

(3) 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.

CONFORMING AMENDMENTS

SECTION 10. ORS 802.200 is amended to read:

802.200. In addition to any other records the Department of Transportation may establish, the department is subject to the following provisions concerning records:

(1) The department shall maintain records concerning the titling of vehicles in this state. The records under this subsection shall include the following:

(a) For vehicles issued a title by this state, the records shall identify the vehicle and contain the following:

(A) The name of the vehicle owner and any security interest holders in order of priority, except that a security interest holder need not be identified if the debtor who granted the interest is in the business of selling vehicles and the vehicles constitute inventory held for sale;

(B) The name of any lessor of the vehicle;

(D) Whether a certificate of title was issued for the vehicle.

(b) If the vehicle is an antique vehicle that is reconstructed, the records shall indicate that the vehicle is reconstructed even if ORS 803.015 requires that the title does not indicate that the vehicle is reconstructed.

(d) Any other information concerning the titling of vehicles that the department considers convenient or appropriate.

(e) All odometer readings for a vehicle that are reported to the department under provisions of the vehicle code.

(f) If the vehicle has been reported to the department as a totaled vehicle under the provisions of ORS 819.012 or 819.014, the records shall indicate that the vehicle is a totaled vehicle unless the reason for the report was theft and the vehicle has been recovered.

(2) If a vehicle that has been registered or titled in another jurisdiction is registered or titled in this state, the department shall retain a record of any odometer readings shown on the title or registration documents submitted to the department at the time of registration or title.

(3) Except as otherwise provided in ORS 826.003, the department shall maintain records concerning the registration of vehicles required to be registered by the department. The records concerning the registration of vehicles may be stored along with records concerning the titling of vehicles. The records under this subsection shall include the following:

(a) For vehicles registered by the department, the records shall identify the vehicle and contain the following:

(A) The registration plate number assigned by the department to the vehicle;

(B) The name of the vehicle owner;

(D) An indication that the vehicle is a totaled vehicle if it has been reported to the department as a totaled vehicle under the provisions of ORS 819.012 or 819.014, unless the reason for the report was theft and the vehicle has been recovered.

(b) Any other information concerning the registration of vehicles that the department considers convenient or appropriate.

(4) The department shall maintain separate records for the regulation of vehicle dealers. The records required under this subsection shall include the following information about persons issued dealer certificates:

(a) The person’s application for a vehicle dealer certificate.

(b) An alphabetical index of the name of each person applying for a vehicle dealer certificate.

(5) The department shall maintain a file on vehicles for which the title record is canceled under ORS 819.030. The records required under this subsection shall disclose the last registered owner of each vehicle, any security interest holder or holders and lessors of each vehicle as shown by the canceled title record for each vehicle and the make and year model for each vehicle.

(6) The department shall maintain records on each manufactured structure. The records required under this subsection shall contain all of the following:

(a) The permanent registration plate number required under ORS 803.520.

(b) All transfers of ownership occurring after January 1, 1972.

(d) Information on manufactured structures subject to an exemption under ORS 820.510 that the department determines necessary.

(7) The department shall maintain a record of each agreement or declaration under ORS 802.500 and 802.520.

(8) The department shall maintain separate and comprehensive records of all transactions affecting the Revolving Account for Emergency Cash Advances described under ORS 802.100.

(9) The department shall maintain suitable records of driver licenses and driver permits. The records required under this subsection shall include all of the following:

(a) An index by name and number.

(b) Supporting documentation of all licenses or driver permits issued.

(d) All licenses or driver permits that have been suspended or revoked.

(e) For each commercial driver license, the social security number of the person to whom the license is issued, or any other number or identifying information that the Secretary of the United States Department of Transportation determines appropriate to identify the person.

(10) The department shall maintain a two-part driving record consisting of an employment driving record and a nonemployment driving record for each person as required under this subsection. All of the following apply to the records required under this subsection:

(a) The department shall maintain driving records on:

(A) Every person who is granted driving privileges under a driver license, driver permit or a statutory grant of driving privileges under ORS 807.020;

(B) Every person whose driving privileges have been suspended, revoked or canceled under this vehicle code;

(D) Every person who is required to provide future responsibility filings under ORS 806.200, 806.220, 806.230 or 806.240.

(b) In addition to other information required by this paragraph, the employment driving record shall include all reports of drug test results that are made to the department under ORS 825.410. Notwithstanding any other provision of law, release of the portion of the employment driving record that shows drug test results reported under ORS 825.410 is permitted only in accordance with ORS 802.202. The employment driving record shall also include all motor vehicle accidents in which the person is involved, all suspensions of driving privileges required to be placed on the record under ORS 809.280, all suspensions of the person’s commercial driver license that result from operation or use of a commercial motor vehicle and all convictions of the person for violation of motor vehicle laws except convictions for offenses requiring mandatory revocation or suspension of driving privileges under ORS [809.410 and] 813.400 and sections 2, 3 and 4 of this 2003 Act, but shall include only such accidents, suspensions and convictions that occur while the person is driving a motor vehicle:

(A) In the course of the person’s employment when the person is employed by another for the principal purpose of driving a motor vehicle;

(B) Carrying persons or property for compensation;

(C) In the course of the person’s employment in the collection, transportation or delivery of mail if the vehicle is government owned or marked for the collection, transportation or delivery of mail in accordance with government rules;

(D) That is an authorized emergency vehicle;

(E) That is a commercial motor vehicle; or

(F) In the course of the person’s employment with a federal, state or local government in a public works project involving repair or maintenance of water, sewer or road systems.

(A) Motor vehicle accidents;

(B) Suspensions, cancellations and revocations of licenses, permits and driving privileges;

(C) Convictions for violation of the motor vehicle laws other than those included in the employment driving record including, for each violation of ORS 811.100, 811.110, 811.112 or 811.115, the speed at which the person was convicted of traveling and the posted or designated speed; and

(D) Diversion agreements entered into under ORS 813.220 within the preceding 10 years.

(d) The department may record other entries to indicate correspondence, interviews, participation in driver improvement programs or other matters concerning the status of the driving privileges of the person.

(e) When a person from another jurisdiction applies for a driver license or permit issued by this state, the department shall request a copy of the person’s driving record from the other jurisdiction. At the time the person is issued a license in Oregon, the record from the other jurisdiction shall become part of the driver’s record in this state with the same force and effect as though entered on the driver’s record in this state in the original instance. The department by rule may specify methods for converting entries from out-of-state records for use in Oregon.

(f) When a suspension of a driver permit, driver license or other driving privilege is placed on the driving record under ORS 809.280 for failure to appear in court on a traffic crime, the department shall note on the record that the suspension was for failure to appear in court and shall also note the offense charged against the person on which the person failed to appear.

(g) The department, in consultation with the Department of State Police, shall devise and implement a method of noting suspensions and revocations of driving privileges on the record in such a way that police agencies can determine directly from the record what class of offense, as provided by law, is committed by a person who drives in violation of the suspension or revocation. If the department and the Department of State Police devise a mutually agreeable alternative method of informing police agencies of the nature of a suspension or revocation and the consequences of its violation, the implementation of that method shall satisfy the duty of the department under this paragraph.

(11) The Department of Transportation shall maintain records of judgments or convictions sent to the department under ORS 810.375.

(12) The department shall maintain accident reports filed with the department under ORS 810.460 and 811.725 to 811.735.

(13) The department shall maintain records of bank checks or money orders returned under ORS 802.110.

(14) The department shall maintain records of trip permits issued by the department under ORS 803.600, as provided under this subsection. The records required by this subsection shall include the following:

(a) A description of the vehicle sufficient to identify the vehicle.

(b) The person to whom the permit was issued.

(d) The type of permit issued.

(e) For registration weight trip permits, the maximum allowable registration weight permitted for operation under the permit.

(f) Any other information the department determines appropriate or convenient.

SECTION 11. ORS 802.550 is amended to read:

802.550. The following relate to the Driver License Compact under ORS 802.540:

(1) The Director of Transportation or the director’s deputy shall act as the compact administrator. The compact administrator shall not be entitled to any additional compensation on account of service as compact administrator, but shall be entitled to expenses incurred in connection with such service, payable the same as expenses in connection with services as the normal duties of the person.

(2) When reference in the compact is made to the executive head in this state, the reference applies to the Governor of this state.

(3) When reference in the compact is made to the licensing authority in this state, the reference applies to the Department of Transportation.

(4) In accordance with subdivision (c) of Article IV of the compact, the following offenses or violations provided by Oregon law hereby are designated as offenses or violations of a substantially similar nature as the respective denominations and descriptions of conduct appearing in subdivision (a) of Article IV of the compact.

(a) [ORS 809.410 (1)] Section 2 (1) and (2) of this 2003 Act- Article IV (a) (1).

(b) ORS 813.400 - Article IV (a) (2).

(d) [ORS 809.410 (5)] Section 2 (3) of this 2003 Act -Article IV (a) (4).

(5) Offenses or violations other than those referred to in subsection (4) of this section reported to the department pursuant to Article III of the compact shall be given effect within the purpose of Article IV (b) of the compact as the other laws of this state provide.

SECTION 12. ORS 806.010 is amended to read:

806.010. (1) A person commits the offense of driving uninsured if the person operates a motor vehicle in this state on any highway or premises open to the public in this state without either:

(a) The person being insured while driving the vehicle under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080; or

(b) The person or the owner of the vehicle providing the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state.

(2) Exemptions from this section are established under ORS 806.020.

(3) In addition to other penalties under this section the following apply:

(a) A person who is involved in a motor vehicle accident at any time the person is in violation of this section is subject to suspension of the person’s driving privileges under [ORS 809.410] section 6 of this 2003 Act.

(b) A person who is convicted of violating this section is subject to ORS 806.230, if the person does not make future responsibility filings as required by that section.

(4) A person convicted for violation of this section must file with the department, and thereafter maintain for a period of three years, proof of financial responsibility that complies with ORS 806.060. Failure to comply with this subsection is subject to [ORS 809.410] section 5 of this 2003 Act.

(5) The offense described in this section, driving uninsured, is a Class B traffic violation.

SECTION 13. ORS 806.070 is amended to read:

806.070. (1) This section establishes a schedule of payments for the following purposes:

(a) An insurance policy described under ORS 806.080 must provide for payment of at least amounts necessary to cover the minimum required payments under this section to qualify for use for financial responsibility under ORS 806.060.

(b) A deposit under ORS 806.115 is subject to payment limits according to the schedule of payments established by this section.

(c) A bond under ORS 806.090 is subject to payment limits according to the schedule of payments established by this section.

(d) A person who is self-insured under ORS 806.130 must agree to pay according to the payment schedule established by this section.

(e) The payment schedule is the minimum required payment of a judgment for purposes of ORS 809.020[,] and 809.130 and [809.410] section 5 of this 2003 Act.

(2) The schedule of payments is as follows:

(a) $25,000 because of bodily injury to or death of one person in any one accident;

(b) Subject to that limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident; and

SECTION 14. ORS 806.200 is amended to read:

806.200. (1) A person commits the offense of failure to make a future responsibility filing after an accident if the person is the owner or driver of a vehicle that is in any manner involved in an accident that is required to be reported under ORS 811.720 and the person does not make a future responsibility filing within 30 days after the filing of the accident report required under ORS 811.725.

(2) Exemptions from this section are established under ORS 806.210.

(3) The employer of a driver is subject to the requirements and penalties under this section if the driver is an employee exempted from this section under ORS 806.210. If an employer is subject to this section, the registration of the employer’s vehicles may be suspended as provided under ORS 809.050.

(4) In addition to any other penalties under this section, violation of this section subjects the violator to suspension of driving privileges as provided under [ORS 809.410] section 5 of this 2003 Act.

(5) The offense described in this section, failure to make a future responsibility filing after an accident, is a Class B traffic violation.

SECTION 15. ORS 806.230 is amended to read:

806.230. (1) A person commits the offense of failure of a previous violator to make a future responsibility filing if the person is convicted of a violation of ORS 806.010 or 806.050 and the person does not make a future responsibility filing within 30 days after the conviction.

(2) In addition to any other penalties under this section, a violator of this section is subject to suspension of driving privileges under [ORS 809.410] section 5 of this 2003 Act.

(3) The offense described in this section, failure of a previous violator to make future responsibility filing, is a Class A traffic violation.

SECTION 16. ORS 806.240 is amended to read:

806.240. Future responsibility filings required by ORS 806.200, 806.220 or 806.230 or by any other law of this state are subject to all of the following:

(1) The person required to make the filing must file, or have filed for the benefit of the person, proof that meets the requirements of this section and must maintain the proof as long as required under ORS 806.245.

(2) The proof given for a future responsibility filing must be one or more of the following proofs that the person is in compliance with financial responsibility requirements:

(a) A certificate or certificates of insurance that meet the requirements under ORS 806.270.

(b) A valid certificate of self-insurance issued by the Department of Transportation under ORS 806.130.

(c) A bond meeting the requirements described under ORS 806.090. Upon receipt of a bond as a future responsibility filing under this paragraph, the department, if appropriate, shall file the bond under ORS 806.260 to perfect any lien established under that section.

(d) A certificate evidencing deposit issued by the department under ORS 806.115. The department shall not issue a certificate under this paragraph unless the deposit is accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

(3) The owner of a motor vehicle may make a future responsibility filing under this section on behalf of the owner’s employee or a member of the owner’s immediate family or household in lieu of the filing being made by such person. Filing under this subsection permits the person on whose behalf the filing is made to operate only a motor vehicle covered by the proof given in the filing. The department shall indorse restrictions, as appropriate, on any license or driver permit the person holds as the department determines necessary to limit the person’s ability to operate vehicles consistent with this subsection.

(4) At the request of a person who has made a future responsibility filing under this section, the department shall return the proof filed upon the substitution of other adequate proof.

(5) Whenever proof filed under this section no longer meets the requirements of this section, the department shall require the furnishing of other proof for the future responsibility filing. If such other proof is not so furnished, the department shall suspend the driving privileges of the person as provided under [ORS 809.410] section 5 of this 2003 Act or, if applicable, any registration as provided under ORS 809.050.

SECTION 17. ORS 807.170 is amended to read:

807.170. (1) The Department of Transportation shall provide for the granting of driver license indorsements in a manner consistent with this section.

(2) The department shall grant an indorsement to any person who complies with all of the following requirements:

(a) The person must hold a valid license other than a restricted Class C license issued under the vehicle code.

(b) The person must successfully complete any tests and demonstrations referred to in ORS 807.070 that the department determines necessary to determine whether the applicant is qualified for the type of indorsement sought. The actual demonstration required under ORS 807.070, if any, must be performed in a vehicle that may be operated under the indorsement sought but that may not be operated without the indorsement. Tests shall include, but are not limited to, those tests necessary to determine whether the applicant:

(A) Has satisfactory knowledge of laws relating to operation under the type of indorsement sought, defensive driving skills, the common causes of accidents involving vehicles operated under the type of indorsement sought; and

(B) Can operate under the indorsement in a manner that will not jeopardize the safety of persons or property.

(c) The appropriate fee under ORS 807.370 for the indorsement, including the fee for the Motorcycle Safety Subaccount, must be paid.

(d) If the person is under 21 years of age and an applicant for a motorcycle indorsement, the person must comply with ORS 807.175.

(3) An indorsement granted under this section is subject to the following:

(a) It is part of the license upon which it is indorsed and is subject to any provisions applicable to the indorsed license under the statutes of this state.

(b) It is valid only if the license indorsed is valid.

(c) The appropriate fee under ORS 807.370 must be paid upon renewal of the indorsement in addition to any fee for renewal of the license indorsed.

(d) Except as provided under ORS 807.350 or as specifically provided under [ORS 809.410] section 7 of this 2003 Act, an indorsement cannot be canceled, suspended or revoked separately from the license indorsed. When an indorsed license is canceled, suspended or revoked, all indorsements on the license are subject to the same cancellation, suspension or revocation as the license.

(4) Before the department may renew any license with a motorcycle indorsement, the applicant shall pay the department the Motorcycle Safety Subaccount fee established under ORS 807.370 in addition to any fee for renewal of the license.

SECTION 18. ORS 807.340 is amended to read:

807.340. (1) The Department of Transportation may require any person to whom a license, driver permit or indorsement is issued to appear before the department and reestablish the person’s eligibility by taking either an examination under ORS 807.070 or following the procedures in ORS 807.090, as appropriate. The department may act under this section if the department has reason to believe that the person may:

(a) No longer be qualified to hold a license, driver permit or indorsement; or

(b) No longer be able to safely operate a motor vehicle.

(2) If a person does not appear before the department within a reasonable time after receiving notice from the department under this section or is unable to reestablish eligibility to the satisfaction of the department under this section, the department may take action to suspend the person’s driving privileges under [ORS 809.410] section 7 of this 2003 Act.

SECTION 19. ORS 807.400 is amended to read:

807.400. (1) The Department of Transportation shall issue an identification card to any person who:

(a) Is domiciled in or resident of this state, as described in ORS 807.062;

(b) Does not have a current, valid driver license; and

(2) The department shall work with other agencies and organizations to attempt to improve the issuance system for identification cards.

(3) Every original application for an identification card must be signed by the applicant. The department shall require at least one document to verify the address of an applicant for issuance of an identification card in addition to other documents the department may require of the applicant. If the address of an applicant has changed since the last time an identification card was issued to or renewed for the applicant, the department shall require proof to verify the address of an applicant for renewal of an identification card, in addition to anything else the department may require.

(4) Every identification card shall be issued upon the standard license form described under ORS 807.110 and shall bear a statement to the effect that the identification card is not a license or any other grant of driving privileges to operate a motor vehicle and is to be used for identification purposes only. The department shall use the same security procedures, processes, materials and features for an identification card as are required for a license under ORS 807.110.

(5) Upon order of the juvenile court, the department shall include on the card the fact that the person issued the identification card is an emancipated minor.

(6) Each original identification card shall expire on a date consistent with the expiration dates of licenses as set forth in ORS 807.130.

(7) Identification cards shall be renewed under the terms for renewal of licenses as set forth in ORS 807.150.

(8) The fee for an original identification card or a renewal thereof shall be the fee established under ORS 807.410. In no event shall the issuance or renewal of an identification card be subject to any fee in addition to that set forth in ORS 807.410.

(9) An identification card becomes invalid if the holder of the card changes residence address from that shown on the identification card and does not provide the department with notice of the change as required under ORS 807.420.

(10) If a person to whom an identification card was issued and who changes residence address appears in person at a department office that issues identification cards, the department may do any of the following:

(a) Issue a new identification card containing the new address but bearing the same distinguishing number as the old identification card upon receipt of the old identification card and payment of the fee established for issuing a new identification card with a changed address under ORS 807.410.

(b) Note the new address on the old identification card in a manner to be determined by the department.

(11) An identification card becomes invalid if the holder of the card changes the person’s name from that shown on the card, including a change of name by marriage, without providing the department with notice of the change as required under ORS 807.420. Upon receiving such notice and the old identification card, the department shall issue a new identification card upon payment of the fee required under ORS 807.410.

(12) In the event an identification card is lost, destroyed or mutilated, the person to whom it was issued may obtain a duplicate or replacement identification card from the department upon furnishing proof satisfactory to the department of such fact and payment of the duplicate or replacement fee under ORS 807.410.

(13) Upon cancellation of an identification card, the card is terminated and must be surrendered to the department. An identification card may be canceled for any of the reasons that driving privileges or a license may be canceled under ORS 809.310. The department may reissue an identification card canceled under this subsection when the applicant has satisfied all requirements for the identification card.

(14) Notwithstanding any other provision of this section, the department may issue an identification card to a person under this subsection without charge when the person surrenders a license or driver permit to the department for reasons described in this subsection. If the department issues an identification card under this subsection, the identification card shall expire at the same time as the surrendered driver license or driver permit would have expired. An identification card issued under this subsection is subject to the same requirements and fees for renewal or upon expiration as any other identification card issued under this section. The department may issue identification cards under this subsection as described under any of the following:

(a) The department may issue an identification card under this subsection to a person who voluntarily surrenders a license or driver permit to the department based upon the person’s recognition that the person is no longer competent to drive.

(b) The department may issue an identification card to a person under this subsection when the person’s driving privileges are suspended under [a provision of ORS 809.410 or 813.400 that provides the department may issue an identification card for purposes of identification] section 7 (1) of this 2003 Act. This paragraph only applies if the person voluntarily surrenders the person’s license or driver permit to the department as provided under ORS 809.500.

SECTION 20. ORS 807.700 is amended to read:

807.700. (1) It shall be the duty of the superintendent of the hospital for the mentally ill or mentally retarded to notify the Department of Transportation as to released licensed operators who, in the opinion of the superintendent, should not drive because of their mental condition.

(2) Upon receipt of information submitted under this section, the department is subject to the provisions relating to this section under [ORS 809.410] section 7 of this 2003 Act.

SECTION 21. ORS 809.130 is amended to read:

809.130. (1) If a court notifies the Department of Transportation under this section that a judgment remains unsettled as described by ORS 809.470, the department must initiate action to determine whether to suspend or revoke driving privileges under [ORS 809.410] section 5 of this 2003 Act or vehicle registration of the employer under ORS 809.020. A court shall immediately give the department notice of an unsettled judgment under this section if:

(a) A judgment of the type described under ORS 806.040 is rendered against a person by a court of this state;

(b) The person fails within 60 days to settle the judgment in the manner required under ORS 809.470; and

(c) The judgment creditor or the judgment creditor’s attorney makes a written request for forwarding to the department a certificate stating the judgment has not been settled as described in ORS 809.470.

(2) A court that has given the department notice of an unsettled judgment under this section shall immediately forward to the department a certificate stating that the judgment is appropriately settled and describing the judgment and parties sufficiently for identification if:

(a) The judgment is settled in the manner required under ORS 809.470; and

(b) The judgment debtor or the judgment debtor’s attorney makes a written request for forwarding to the department a certificate stating the judgment has been settled as described in ORS 809.470.

(3) The notice made to the department under this section shall be given by the clerk of the court or, if the court has no clerk, by the judge.

SECTION 22. ORS 809.235 is amended to read:

809.235. (1)(a) Notwithstanding [ORS 809.410 (1)] section 2 (2) of this 2003 Act, the court shall order that a person’s driving privileges be permanently revoked if the person is convicted of any degree of murder or of manslaughter in the first degree and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim.

(b) The court shall order that a person’s driving privileges be permanently revoked if the person is convicted of felony driving while under the influence of intoxicants under ORS 813.010.

(2) No sooner than 10 years after a person whose privileges are revoked as described in subsection (1) of this section is released on parole or post-prison supervision, the person may file a petition in the circuit court of the county in which the person resides for an order restoring the person’s driving privileges. The district attorney of the county shall be named and served as the respondent in the petition.

(3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:

(a) The nature of the offense for which driving privileges were revoked.

(b) The degree of violence involved in the offense.

(c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.

(d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.

(e) Any other relevant factors.

(4) If, after a hearing described in subsection (3) of this section, the court is satisfied by clear and convincing evidence that the petitioner is rehabilitated and that the petitioner does not pose a threat to the safety of the public, the court shall order the petitioner’s driving privileges restored.

SECTION 23. ORS 809.240 is amended to read:

809.240. (1) If a person is convicted of an offense that will result in mandatory suspension or revocation under ORS [809.410,] 813.400 or 813.403 or section 2, 3 or 4 of this 2003 Act, the trial judge shall:

(a) Impose the revocation or suspension at the time of conviction for the required period; and

(b) Comply with the requirements under ORS 809.250 to take possession of the license or driver permit of the person.

(2) When necessary to give full effect to this section, a court shall issue a temporary driver permit under ORS 807.320.

SECTION 24. ORS 809.290 is amended to read:

809.290. This section establishes circumstances that will make a person subject to suspension under [ORS 809.410 (24)] section 5 (4) of this 2003 Act and what a person is required to do to make the person no longer subject to suspension. The following apply as described:

(1) A person is subject to suspension under [ORS 809.410 (24)] section 5 (4) of this 2003 Act if the Department of Transportation receives notice from a court to apply this section under ORS 809.220. A person who is subject under this subsection remains subject until the person presents the department with notice issued by the court showing that the person is no longer subject to this section or until five years have elapsed, whichever is earlier. This subsection shall not subject a person to [ORS 809.410 (24)] section 5 (4) of this 2003 Act for any pedestrian offense, bicycling offense or parking offense. Upon receipt of notice from a court, the department shall send a letter by first class mail advising the person that the suspension will commence 60 days from the date of the letter unless the person presents the department with the notice required by this subsection.

(2) A person is subject to suspension under [ORS 809.410 (24)] section 5 (4) of this 2003 Act if the department receives notice from a court under ORS 809.210 that a person has failed to pay a fine or obey an order of the court. A person who is subject under this subsection remains subject until the person presents the department with notice issued by the court showing that the person has paid the fine or obeyed the order of the court or until five years have elapsed, whichever is earlier. This subsection shall not subject a person to [ORS 809.410 (24)] section 5 (4) of this 2003 Act for failure to pay a fine relating to any pedestrian offense, bicycling offense or parking offense. Upon receipt of notice from a court, the department shall send a letter by first class mail advising the person that the suspension will commence 60 days from the date of the letter unless the person presents the department with the notice required by this subsection.

(3) A person is subject to suspension under [ORS 809.410 (24)] section 5 (4) of this 2003 Act if the person pays the department any fee or tax with a bank check and the check is returned to the department as uncollectible or the person tenders payment with a credit or debit card and the issuer of the card does not pay the department. A person who is subject under this subsection remains subject until the department receives the money for the fee or tax and any fee charged by the department under ORS 802.170 or until five years have elapsed, whichever is earlier.

SECTION 25. ORS 809.370 is amended to read:

809.370. A determination by a juvenile court that a child within its jurisdiction has committed any act that is grounds for suspension or revocation of driving privileges under [ORS 809.410] section 2 or 3 of this 2003 Act [or has violated any other law or ordinance regulating the operation of motor vehicles] is equivalent to a conviction and the juvenile court has the same authority to order suspensions of driving privileges and take other actions in relation to the driving privileges of the child as other courts have in relation to adult traffic offenders.

SECTION 26. ORS 809.380 is amended to read:

809.380. All of the following apply to a person whose driving privileges have been suspended:

(1) The period of suspension shall last as long as provided for that particular suspension by law.

(2) During the period of suspension, the person is not entitled to exercise any driving privileges in this state except as provided under this subsection. Unless otherwise specifically provided by law, a person whose driving privileges are suspended may obtain, if the person qualifies, a hardship driver permit under ORS 807.240, and exercise driving privileges under the driver permit.

(3) Upon expiration of the suspension, the Department of Transportation shall reissue, upon request of the person, the suspended driving privileges and any license or driver permit that evidences the driving privileges. The reissuance shall be without requalification by the person except that the department may require the person to furnish evidence satisfactory to the department that the person is qualified to continue to exercise driving privileges in this state before the department reissues the driving privileges.

(4) The department shall not issue any driving privileges in contradiction to this section.

(5) If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are suspended, the person is subject to the penalties under ORS 809.500.

(6) No reinstatement of suspended driving privileges will be made by the department until the fee for reinstatement of suspended driving privileges established under ORS 807.370 is paid to or waived by the department. The department may waive the reinstatement fee for any of the following reasons:

(a) The suspension occurred under [ORS 809.410] section 7 of this 2003 Act for failure to take an examination upon request of the department under ORS 807.340.

(b) The suspension occurred under [ORS 809.410] section 7 of this 2003 Act for failure to obtain required medical clearance upon request of the department under ORS 807.070 or 807.090.

(c) The suspension occurred under [ORS 809.410] section 7 of this 2003 Act for incompetence to drive a motor vehicle or having a mental or physical condition rendering it unsafe for a person to drive a motor vehicle.

(d) The suspension occurred under [ORS 809.410] section 7 of this 2003 Act upon notification by the superintendent of a hospital under ORS 807.700 that a person should not drive.

(e) The suspension occurred under [ORS 809.410] section 7 of this 2003 Act upon notification by a court under ORS 810.375 that a person charged with a traffic offense has been found guilty except for insanity.

(f) The department committed an error in issuing the suspension.

(g) The suspension was the result of an error committed by an insurance company in issuing or failing to issue a certification of insurance or in canceling a certification of insurance filed with the department under ORS 806.270.

(h) The department issued the suspension without error because the person failed to respond as required under ORS 806.160 or to furnish proof of exemption under ORS 806.210 from the filing requirement of ORS 806.200, but the department later determines that the person in fact was in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 or at the time of an accident described in ORS 806.200.

(i) The department issued the suspension without error because the person was not in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 or at the time of an accident described in ORS 806.200, but the department later determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date of the department’s letter of verification or at the time of the accident.

(j) The suspension was the result of an error committed by an insurance company in notifying the department regarding the correctness of a certification under ORS 806.150.

(k) The suspension occurred because the person failed to make future responsibility filings but the department later determines that the reason for the failure was that the person was a military reservist or a member of a national guard unit that was ordered to active military duty to a location outside of the United States. The effective date of the military orders must be prior to the effective date of a suspension issued by the department for failure to make a future responsibility filing.

SECTION 27. ORS 809.407 is amended to read:

809.407. (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.

(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 ORS 811.462.

(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 under ORS 809.440 of a suspension under this section.

SECTION 28. ORS 809.420 is amended to read:

809.420. This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under [ORS 809.410] section 3 of this 2003 Act and 813.400. The schedules are as follows:

(1) Schedule I. The suspension or revocation periods under Schedule I are as provided in this subsection. The period of suspension or revocation under this schedule shall be:

(a) Ninety days for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

(b) One year for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

(c) Three years for a third or subsequent offense where the commission of the third or subsequent offense and two or more convictions for separate offenses occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

(2) Schedule II. The suspension or revocation periods under Schedule II are as provided in this subsection. The period of suspension or revocation under this schedule shall be:

(a) One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

(b) Three years for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period.

(c) Three years for a third or subsequent offense, where the commission of the third or subsequent offense and a conviction for a separate offense occur within a five-year period.

SECTION 29. ORS 809.440 is amended to read:

809.440. This section establishes hearing and administrative review procedures to be followed when the Department of Transportation is required to provide a hearing or an administrative review of an action.

(1) When other procedures described under this section are not applicable to a suspension or revocation under [ORS 809.410] sections 2 to 9 of this 2003 Act, the procedures described in this subsection shall be applicable. All of the following apply to this subsection:

(a) The hearing shall be given before the department imposes the suspension or revocation of driving privileges or continues, modifies or extends a suspension or revocation.

(b) Before the hearing, the department shall notify the person in the manner described in ORS 809.430.

(d) Upon such hearing, the department, good cause appearing therefor, may impose, continue, modify or extend the suspension or revocation of the driving privileges.

(e) The hearing shall be conducted by a hearing officer assigned from the Hearing Officer Panel established under section 3, chapter 849, Oregon Laws 1999.

(2) The following apply when administrative review is provided under any statute or rule of the department:

(a) An administrative review shall consist of an informal administrative process to assure prompt and careful review by the department of the documents upon which an action is based.

(b) It shall be a defense to the department’s action if a petitioner can establish that:

(A) A conviction on which the department’s action is based was for an offense that did not involve a motor vehicle and the department’s action is permitted only if the offense involves a motor vehicle.

(B) An out-of-state conviction on which the department’s action is based was for an offense that is not comparable to an offense under Oregon law.

(c) A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the action.

(d) Actions subject to administrative review shall be exempt from the provisions of ORS 183.310 to 183.550 applicable to contested cases, and from the provisions of subsection (4) of this section applicable to post-imposition hearings. A suspension, revocation or cancellation shall not be stayed during the administrative review process or by the filing of a petition for judicial review. A court having jurisdiction may order the suspension, revocation or cancellation stayed pending judicial review.

(e) Judicial review of a department order affirming a suspension or revocation after an administrative review shall be available as for review of orders other than contested cases, and the department may not be subject to default for failure to appear in such proceedings. The department shall certify its record to the court within 20 days after service upon the department of the petition for judicial review.

(f) If the suspension or revocation is upheld on review by a court, the suspension or revocation shall be imposed for the length of time appropriate under the appropriate statute except that the time shall be reduced by any time prior to the determination by the court that the suspension or revocation was in effect and was not stayed.

(g) The department shall adopt any rules governing administrative review that are considered necessary or convenient by the department.

(3) When permitted under this section or under any other statute, a hearing may be expedited under procedures adopted by the department by rule. The procedures may include a limited time in which the person may request a hearing, requirements for telephone hearings, expedited procedures for issuing orders and expedited notice procedures.

(4) When permitted under [ORS 809.410] sections 2 to 9 of this 2003 Act, a hearing may be a post-imposition hearing under this subsection. A post-imposition hearing is a hearing that occurs after the department imposes the suspension or revocation of driving privileges or continues, modifies or extends a suspension or revocation. All of the following apply to this subsection:

(a) The department must provide notice in the manner described in ORS 809.430 before the suspension or revocation may take effect.

(b) Except as provided in this subsection, the hearing shall be conducted as a contested case in accordance with ORS 183.310 to 183.550.

(c) Unless there is an agreement between the person and the department that the hearing be conducted elsewhere, the hearing shall be held either in the county where the person resides or at any place within 100 miles, as established by the department by rule.

(5) The department has complied with a requirement for a hearing or administrative review if the department has provided an opportunity for hearing or review and the person with the right to the hearing or review has not requested it. Any request for hearing or review must be made in writing.

(6) For any hearing described under this section, and for administrative review described under this section, no further notice need be given by the department if the suspension or revocation is based upon a conviction and the court gives notice, in a form established by the department, of the rights to a hearing or review and of the suspension or revocation.

SECTION 30. ORS 809.440, as amended by section 191, chapter 849, Oregon Laws 1999, is amended to read:

(a) The hearing shall be given before the department imposes the suspension or revocation of driving privileges or continues, modifies or extends a suspension or revocation.

(b) Before the hearing, the department shall notify the person in the manner described in ORS 809.430.

(c) The hearing shall be conducted by a hearing officer designated by the department in the county where the person resides unless the person and the department agree otherwise.