72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 749
Senate Bill 187
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 Theodore R.
Kulongoski for the Office of the Governor)
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.
Prohibits issuance of hardship or probationary driver permit
authorizing person to operate commercial motor vehicle.
A BILL FOR AN ACT
Relating to operation of commercial motor vehicles; amending ORS
807.200, 807.240 and 807.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 807.200 is amended to read:
807.200. (1) The following permits may be issued as restricted
Class C licenses:
(a) Disability golf cart driver permits described under ORS
807.210.
(b) Emergency driver permits described under ORS 807.220.
(c) Special student driver permits described under ORS 807.230.
(2) Hardship driver permits described under ORS 807.240 and
probationary driver permits described under ORS 807.270 may be
issued as { - Class A commercial, Class B commercial, Class C
commercial or - } Class C licenses. { - The licensee must have
qualified for the class of license issued. - } Restrictions on
the license
{ - shall be - } { + are + } as provided under ORS 807.240
and 807.270.
(3) Instruction driver permits described under ORS 807.280 may
be issued for any class of commercial driver license and for a
Class C license. A person must have a Class C license before
obtaining a Class A commercial, Class B commercial or Class C
commercial instruction driver permit.
(4) Motorcycle instruction driver permits described under ORS
807.280 may be issued only to persons having a commercial driver
license or a Class C license.
SECTION 2. ORS 807.240 is amended to read:
807.240. The Department of Transportation shall provide for
issuance of hardship driver permits in a manner consistent with
this section. A hardship driver permit grants the driving
privileges provided in this section or under the permit. Except
as otherwise provided in this section, a hardship driver permit
is subject to the fees, provisions, conditions, prohibitions and
penalties applicable to a license. The following apply to a
hardship driver permit:
(1) The department { - shall - } { + may + } only issue a
permit to a person whose driving privileges under the vehicle
code have been suspended.
(2) Except as provided in ORS 813.520, the department may
reinstate the privilege to operate a motor vehicle of any person
whose license to operate a motor vehicle has been suspended by
issuing the person a hardship permit described under this section
if such person qualifies under this section, ORS 807.250, 807.252
and 813.500. However, the department { - shall - } { +
may + } not issue a hardship permit authorizing a person to drive
a commercial motor vehicle { - if the person's commercial
driver license is suspended independently of a suspension of the
person's Class C license - } .
(3) To qualify for a hardship permit, a person must do all of
the following in addition to any applicable provisions under ORS
807.250, 807.252 and 813.500:
(a) The person must submit to the department an application for
the permit that demonstrates the person's need for the permit.
(b) The person must present satisfactory evidence, as
determined by the department by rule:
(A) That the person must operate a motor vehicle as a requisite
of the person's occupation or employment;
(B) That the person must operate a motor vehicle to get to or
from a place of employment;
(C) That the person must operate a motor vehicle to get to or
from an alcohol treatment or rehabilitation program;
(D) That the person or a member of the person's immediate
family requires medical treatment on a regular basis and that the
person must operate a motor vehicle in order that the treatment
may be obtained; or
(E) That the person's driving privileges are suspended for
driving uninsured in violation of ORS 806.010 or for violation of
ORS 165.805 or 471.430 and are not suspended for any other reason
and that the person must operate a motor vehicle in order to
provide necessary services to the person or to a member of the
person's family. The department shall determine by rule what
constitutes necessary services for purposes of this subparagraph.
The rule shall include as necessary services, but need not be
limited to, grocery shopping, driving the person or the person's
children to school, driving to medical appointments and caring
for elderly family members.
(c) If the person is applying for a permit because the person
or a member of the person's immediate family requires medical
treatment on a regular basis, the person must present, in
addition to any evidence required by the department under
paragraph (b) of this subsection, a statement signed by a
licensed physician that indicates that the person or a member of
the person's immediate family requires medical treatment on a
regular basis.
(d) The person must show that the person is not incompetent to
drive nor a habitual incompetent, reckless or criminally
negligent driver as established by the person's driving record in
this or any other jurisdiction.
(e) The person must make a future responsibility filing.
(f) The person must submit any other information the department
may require for purposes of determining whether the person
qualifies under this section, ORS 807.250, 807.252, 813.500 and
813.520.
(4) If the department finds that the person meets the
requirements of this section and any applicable requirements
under ORS 807.250, 807.252, 813.500 and 813.520, the department
may issue the person a hardship permit, valid for the duration of
the suspension or for a shorter period of time established by the
department unless sooner suspended or revoked under this section.
If the department issues the permit for a period shorter than the
suspension period, renewal of the permit shall be on such terms
and conditions as the department may require. The permit:
(a) Shall limit the holder to operation of a motor vehicle only
during specified times.
(b) May bear other reasonable limitations relating to the
hardship permit or the operation of a motor vehicle that the
department deems proper or necessary. The limitations may include
any limitation, condition or requirement. Violation of a
limitation is punishable as provided by ORS 811.175 or 811.182.
(5) The department, upon receiving satisfactory evidence of any
violation of the limitations of a permit issued under this
section or limitations placed on a hardship permit under ORS
807.252 or 813.510, may suspend or revoke the hardship permit.
(6) The fee charged for application or issuance of a hardship
driver permit is the hardship driver permit application fee under
ORS 807.370. The { - fee shall not be refunded - }
{ + department may not refund the fee + } if the application is
denied or if the driver permit is suspended or revoked. The fee
upon renewal of the driver permit { - shall be - } { + is + }
the same fee as that charged for renewal of a license. The
application fee charged under this subsection is in addition to
any fee charged for reinstatement of driving privileges under ORS
807.370.
(7) The department may issue a permit granting the same driving
privileges as those suspended or may issue a permit granting
fewer driving privileges, as the department determines necessary
to assure safe operation of motor vehicles by the permit holder.
SECTION 3. ORS 807.270 is amended to read:
807.270. The Department of Transportation shall provide for
issuance of probationary driver permits in a manner consistent
with this section. A probationary driver permit grants the
driving privileges provided in this section or under the permit.
Except as otherwise provided in this section, a probationary
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to { - the corresponding
class of - } { + a Class C + } license. The following apply to
a probationary driver permit:
(1) The department may issue a probationary driver permit to a
person whose driving privileges have been revoked as a habitual
offender under ORS 809.640.
(2) The department may issue a probationary driver permit that
is valid for the duration of the revocation period unless the
permit is suspended or revoked.
(3) A probationary driver permit { - shall - } { + may + }
only be issued to a person while that person's driving privileges
and right to apply for driving privileges are otherwise revoked
under ORS 809.640 because the person has been determined to be a
habitual offender.
{ + (4) The department may not issue a probationary driver
permit authorizing operation of a commercial motor vehicle. + }
{ - (4) - } { + (5) + } The fee charged for application or
issuance of a probationary driver permit is the probationary
driver permit application fee under ORS 807.370. The { - fee
shall not be refunded - } { + department may not refund the
fee + } if the application is denied or if the driver permit is
suspended or revoked. The application fee charged under this
subsection is in addition to any fee charged for reinstatement of
driving privileges under ORS 807.370.
{ - (5) - } { + (6) + } Before an applicant may be issued a
probationary driver permit, the applicant must meet the following
qualifications in addition to any other qualifications for the
permit:
(a) The applicant must successfully complete a driver
improvement course approved by the department; and
(b) The applicant must submit a report of a diagnostic
examination conducted by a private physician showing to the
satisfaction of the Director of Human Services that the applicant
is physically and mentally competent to operate a motor vehicle.
{ - (6) - } { + (7) + } A person who is issued a
probationary driver permit must continually satisfy the
conditions of the permit.
{ - (7) - } { + (8) + } If a person issued a probationary
driver permit is convicted of one offense described in ORS
809.600 (1) or more than one offense described in ORS 809.600 (2)
within any 12-month period, the permit shall be revoked and no
license or permit may be issued for one year from the date of the
revocation.
{ - (8) - } { + (9) + } The department may establish by
rule additional limitations for a probationary driver permit. The
limitations may include any limitation, condition or requirement.
Violation of a limitation is punishable as provided by ORS
811.175 and 811.182.
{ - (9) - } { + (10) + } Upon receiving satisfactory
evidence of any violation of the limitations placed on a
probationary driver permit under this section, the department may
suspend or revoke the probationary driver permit.
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