Chapter 59 Oregon Laws 2005

 

AN ACT

 

HB 2106

 

Relating to replacement of documents issued by Department of Transportation; amending ORS 807.160, 807.220, 807.230, 807.280, 807.370, 807.390, 807.400 and 807.530 and section 9, chapter 91, Oregon Laws 1999; and declaring an emergency.

 

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

 

          SECTION 1. ORS 807.160 is amended to read:

          807.160. [(1) Except as provided in subsection (5) of this section, upon application by a person to whom a license is issued, the Department of Transportation shall do the following:]

          [(a) If the person furnishes proof satisfactory to the department of the loss, destruction or mutilation of the person’s license, the department shall replace the license by issuing a duplicate or replacement license.]

          [(b) If the person has changed residence address from that noted on the person’s license, the department shall:]

          [(A) Note the change of residence address on the person’s license in a manner determined by the department; or]

          [(B) Issue a new license noting the person’s new residence address.]

          [(c) If the person is an officer or eligible employee who has requested in accordance with ORS 802.250 that department records show the address of the person’s employer, the department shall issue a new license noting the address of the place of employment.]

          [(d) If the person has changed names from the name noted on the person’s license, the department shall issue a new license noting the person’s new name.]

          [(2) If the department issues a new license or a replacement license to replace a person’s license under this section:]

          [(a) Except as otherwise provided in subsection (3) of this section, the license shall bear the same distinguishing number as the license replaced.]

          [(b) The license replaced is invalid and shall be surrendered to the department or destroyed.]

          [(c) The department shall charge the fee for issuance of a replacement license under ORS 807.370. The department may waive the fee as provided under ORS 807.390.]

          [(d) The new license does not alter or extend driving privileges granted to the person under the old license.]

          [(3) If the person applying for a new or replacement license furnishes proof satisfactory to the department that a police agency has reason to believe that the person’s lost driver license or the person’s name is being used fraudulently, the department may issue a new license that bears a different number from the license replaced.]

          [(4) The department shall not issue or replace any license under this section if:]

          [(a) The person making application is not qualified to hold a license at the time of application.]

          [(b) The driving privileges of the person making application are suspended or revoked and have not been partially or completely reinstated.]

          [(5) The department need not issue a duplicate or replacement license to 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 duplicate or replacement license.]

          (1) The Department of Transportation shall establish by rule the reasons for issuing a replacement driver license or driver permit to a person who submits an application for the replacement. The reasons for replacement shall include, but are not limited to, situations when the person:

          (a) Furnishes proof satisfactory to the department of the loss, destruction or mutilation of the person’s driver license or driver permit.

          (b) Changes residence address from the address noted on the person’s driver license or driver permit.

          (c) Is an officer or eligible employee who has requested, in accordance with ORS 802.250, that department records show the address of the person’s employer.

          (d) Changes names from the name noted on the person’s driver license or driver permit.

          (e) Is applying or is required to add or remove a restriction on the driver license or driver permit.

          (f) Is applying or is required to add or remove an endorsement other than a motorcycle endorsement on the driver license or driver permit.

          (g) Furnishes proof satisfactory to the department or the department determines that the department made an error when issuing a driver license or driver permit.

          (2) Notwithstanding subsection (1)(b) of this section, in lieu of issuing a replacement driver license or driver permit upon a change in residence address of a person, the department may note the change of residence address on the person’s license or permit in a manner determined by the department.

          (3) A replacement driver license or driver permit issued under this section:

          (a) Shall bear the same distinguishing number as the driver license or driver permit replaced unless the person applying for the replacement furnishes proof satisfactory to the department that a police agency has reason to believe that the person’s lost driver license or driver permit or the person’s name is being used fraudulently.

          (b) Does not alter or extend the driving privileges granted to the person under the old license or permit unless the replacement license or permit was issued for the purpose of changing a restriction or endorsement or for correcting an error involving driving privileges.

          (4) Except for driver permits for which the department does not charge an issuance fee, the department shall charge the fee under ORS 807.370 for a replacement license or driver permit issued under this section. The replacement fee is in addition to any endorsement or test fee that may apply. The department may waive the replacement fee as provided under ORS 807.390.

          (5) The driver license or driver permit replaced under this section is invalid and shall be surrendered to the department.

          (6) The department may not issue a replacement driver license or driver permit under this section if:

          (a) The person making application is not qualified to hold a license or permit at the time of application.

          (b) The driving privileges of the person making application are suspended or revoked and have not been partially or completely reinstated.

          (7) The department need not issue a replacement driver license or driver permit to 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 replacement license or permit.

 

          SECTION 2. ORS 807.370 is amended to read:

          807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and endorsements:

          (1) Disability golf cart driver permit fees under ORS 807.210, as follows:

          (a) For issuance, $38.50.

          (b) For renewal fee under ORS 807.210, $26.50.

          (2) Emergency driver permit fee under ORS 807.220, $18.

          (3) Instruction driver permit issuance fee under ORS 807.280, $18.

          (4)(a) License issuance fee for a Class C license, $48.50.

          (b) Fee to take the knowledge test for a Class C license, $5.

          (c) Fee to take the skills test for a Class C license, $9.

          (5) License issuance fee for a restricted Class C license, $48.50.

          (6) License issuance fee for a commercial driver license, whether or not the license contains endorsements, $70.

          (7) Test fees for a commercial driver license or permit:

          (a) To take the knowledge test for a Class A commercial license or permit, $10.

          (b) To take the skills test for a Class A commercial license, $70.

          (c) To take the knowledge test for a Class B commercial license or permit, $10.

          (d) To take the skills test for a Class B commercial license, $70.

          (e) To take the knowledge test for a Class C commercial license or permit, $10.

          (f) To take the skills test for a Class C commercial license, $70.

          (8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $40 in addition to the fee under subsection (6) of this section.

          (9) For a farm endorsement, $26.

          (10) Test fees for the knowledge test for endorsements other than motorcycle and farm endorsements:

          (a) For a hazardous materials endorsement, $10.

          (b) For a tank vehicle endorsement, $10.

          (c) For a passenger endorsement, $10.

          (d) For a trailer endorsement, $10.

          (11) Fee to take an airbrake knowledge test, $10.

          (12) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

          (13) License renewal fee for a commercial driver license, $50.

          (14) License renewal fee for a Class C license, $28.50.

          (15) License or driver permit replacement fee under ORS 807.160, $21.

          (16) Original endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees for the endorsed license.

          [(17) Permit replacement fee under ORS 807.220, 807.230, 807.280 and 807.290, $21.]

          [(18)] (17) Special student driver permit fee under ORS 807.230, $18.

          [(19)] (18) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

          [(20)] (19) Motorcycle Safety Subaccount fee as follows:

          (a) Upon original issuance of motorcycle endorsements under ORS 807.170, $28.

          (b) Upon renewal of a license with a motorcycle endorsement under ORS 807.170, $28.

          [(21)] (20) Probationary driver permit application fee under ORS 807.270, $50.

          [(22)] (21) Hardship driver permit application fee under ORS 807.240, $50.

          [(23)] (22) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

          [(24)] (23) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

          [(25)] (24) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

          [(26)] (25) Fee for hazardous materials endorsement security check, $50.

          [(27)] (26) Fee for a special limited vision condition learner’s permit under section 3, chapter 277, Oregon Laws 2003, $13.

 

          SECTION 3. ORS 807.370, as amended by section 13, chapter 277, Oregon Laws 2003, is amended to read:

          807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and endorsements:

          (1) Disability golf cart driver permit fees under ORS 807.210, as follows:

          (a) For issuance, $38.50.

          (b) For renewal fee under ORS 807.210, $26.50.

          (2) Emergency driver permit fee under ORS 807.220, $18.

          (3) Instruction driver permit issuance fee under ORS 807.280, $18.

          (4)(a) License issuance fee for a Class C license, $48.50.

          (b) Fee to take the knowledge test for a Class C license, $5.

          (c) Fee to take the skills test for a Class C license, $9.

          (5) License issuance fee for a restricted Class C license, $48.50.

          (6) License issuance fee for a commercial driver license, whether or not the license contains endorsements, $70.

          (7) Test fees for a commercial driver license or permit:

          (a) To take the knowledge test for a Class A commercial license or permit, $10.

          (b) To take the skills test for a Class A commercial license, $70.

          (c) To take the knowledge test for a Class B commercial license or permit, $10.

          (d) To take the skills test for a Class B commercial license, $70.

          (e) To take the knowledge test for a Class C commercial license or permit, $10.

          (f) To take the skills test for a Class C commercial license, $70.

          (8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $40 in addition to the fee under subsection (6) of this section.

          (9) For a farm endorsement, $26.

          (10) Test fees for the knowledge test for endorsements other than motorcycle and farm endorsements:

          (a) For a hazardous materials endorsement, $10.

          (b) For a tank vehicle endorsement, $10.

          (c) For a passenger endorsement, $10.

          (d) For a trailer endorsement, $10.

          (11) Fee to take an airbrake knowledge test, $10.

          (12) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

          (13) License renewal fee for a commercial driver license, $50.

          (14) License renewal fee for a Class C license, $28.50.

          (15) License or driver permit replacement fee under ORS 807.160, $21.

          (16) Original endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46, in addition to any fees for the endorsed license.

          [(17) Permit replacement fee under ORS 807.220, 807.230, 807.280 and 807.290, $21.]

          [(18)] (17) Special student driver permit fee under ORS 807.230, $18.

          [(19)] (18) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

          [(20)] (19) Motorcycle Safety Subaccount fee as follows:

          (a) Upon original issuance of motorcycle endorsements under ORS 807.170, $28.

          (b) Upon renewal of a license with a motorcycle endorsement under ORS 807.170, $28.

          [(21)] (20) Probationary driver permit application fee under ORS 807.270, $50.

          [(22)] (21) Hardship driver permit application fee under ORS 807.240, $50.

          [(23)] (22) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

          [(24)] (23) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

          [(25)] (24) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

          [(26)] (25) Fee for hazardous materials endorsement security check, $50.

 

          SECTION 4. ORS 807.390 is amended to read:

          807.390. (1) The Department of Transportation, by rule, may provide for a waiver of the fee under ORS 807.160 for issuance of a replacement [or duplicate] license or driver permit.

          (2) Rules adopted by the department under this section may provide for waiver of the described fee only when all of the following apply:

          (a) A person requests a change in information contained on a license or driver permit or the department determines such change is necessary.

          (b) The change in information requested under this subsection is generally accomplished under procedures that do not require the issuance of a new license or driver permit.

          (c) The department decides to issue a new license or driver permit:

          (A) For purposes of convenience; or

          (B) Under circumstances in which the department does not generally issue a new license or driver permit.

 

          SECTION 5. ORS 807.220 is amended to read:

          807.220. (1) The Department of Transportation shall provide for the issuance of emergency driver permits in a manner consistent with this section.

          (2) Except as otherwise provided in this section an emergency driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license.

          (3) The following apply to an emergency driver permit:

          (a) The department may issue an emergency driver permit to a person 14 years of age or older.

          (b) The department shall place restrictions on the permit that designate the routes over which the permit is valid. The department shall designate routes it determines necessary from the facts creating the emergency.

          (c) The permit shall only be issued if the department is satisfied that an emergency exists that requires operation of a motor vehicle by the applicant.

          (d) The department may establish a form for the permit that differs from the form required for a license.

          (e) The only fee required for issuance of the permit is the emergency driver permit fee under ORS 807.370.

          (f) The department may establish a period for the expiration of the permit that coincides with the end of the emergency that is the basis for the permit.

          [(g) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.]

          [(h)] (g) The department shall cancel the permit if the department determines that the holder of the permit has operated a motor vehicle over any highway or for any purpose other than one approved under the permit.

          [(i)] (h) If an emergency driver permit is canceled, the person issued the permit is ineligible to be issued another emergency driver permit for a period of one year.

          [(j)] (i) In addition to any other application requirements for the emergency driver permit, the applicant must obtain the endorsement on the application of the sheriff of the county in which the applicant resides.

          (4) The department may issue an emergency driver permit, if the person qualifies for the permit, to a person whose driving privileges are suspended under ORS 809.280 because the department has received an order of denial of driving privileges under ORS 809.260. [For purposes of this subsection an emergency] In addition to other emergencies, a situation that leaves the applicant with no alternative means to travel to and from school is an emergency for purposes of [this section in addition to other emergency situations] a permit issued under this subsection.

 

          SECTION 6. ORS 807.230 is amended to read:

          807.230. The Department of Transportation shall provide for issuance of special student driver permits in a manner consistent with this section. A special student driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a special student driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license. The following apply to a special student driver permit:

          (1) The department may issue a special student driver permit to a person 14 years of age or older.

          (2) The department shall place restrictions on the permit to limit operation of a vehicle under the permit to operation necessary as a means of transportation to or from the school, college or other educational institution attended by the person to whom the driver permit is issued.

          (3) The permit shall only be issued if the applicant has no other available means of transportation by which to continue the applicant’s education.

          (4) The permit shall only be issued if the department is satisfied that the applicant has had sufficient experience in the operation of motor vehicles to operate a motor vehicle without endangering the safety of the public.

          (5) The department may establish a form for the permit that differs from the form required for a license that is issued.

          (6) The only fee required for issuance of the permit is the special student driver permit fee under ORS 807.370.

          [(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.]

          [(8)] (7) The department shall cancel the permit if the department determines that the holder of the permit has operated a motor vehicle over any highway or for any purpose other than as approved under the permit.

          [(9)] (8) If a special student driver permit is canceled, the person issued the permit is ineligible to be issued any license or driver permit until the person is old enough to be eligible for a license.

          [(10)] (9) In addition to any other application requirements for the special student driver permit, the applicant must:

          (a) Certify that the applicant has no other available means of transportation that would enable the applicant to continue the applicant’s education;

          (b) Specify the road or highway over which the applicant desires to operate motor vehicles;

          (c) Obtain the endorsement of the sheriff of the county in which the applicant resides and of the principal of the school the applicant attends; and

          (d) Provide any other information required by the department.

 

          SECTION 7. ORS 807.280 is amended to read:

          807.280. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

          (1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class A commercial, Class B commercial, Class C commercial or Class C driver license or as a motorcycle endorsement, but the permit will also be subject to the provisions of this section.

          (2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following:

          (a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

          (b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

          (c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

          (3) The only fee required for issuance of an instruction driver permit is the instruction driver permit issuance fee under ORS 807.370.

          (4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. A permit issued under this section may not be renewed.

          (5) The holder of the permit may not operate a motor vehicle unless the holder has the permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the permit unless the permit is for motorcycle driving privileges. For a permit granting motorcycle driving privileges, the holder of the permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. If the permit authorizes its holder to operate a commercial motor vehicle, the accompanying person must have a commercial driver license and the proper endorsements for the vehicle being operated by the holder of the permit.

          (6) The holder of a permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

          (a) The holder may only operate a motorcycle during daylight hours.

          (b) The holder may not carry any passengers on the motorcycle.

          (c) The holder of the permit must wear an approved helmet while operating a motorcycle.

          [(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.]

          [(8)(a)] (7)(a) The department may issue an instruction driver permit to a person with a limited vision condition if a rehabilitation training specialist certifies to the department that the person has successfully completed a rehabilitation training program.

          (b) As used in this subsection, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation training program” have the meanings given those terms in section 2, chapter 277, Oregon Laws 2003.

          [(9)] (8) In addition to any other requirements under this section, the holder of a permit issued under subsection [(8)] (7) of this section may operate a motor vehicle only:

          (a) During daylight hours;

          (b) On highways with a designated speed or speed limit not greater than 45 miles per hour; and

          (c) When the holder is using a bioptic telescopic lens.

 

          SECTION 8. ORS 807.280, as amended by section 12, chapter 277, Oregon Laws 2003, is amended to read:

          807.280. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or endorsement granting the same driving privileges. The following apply to an instruction driver permit:

          (1) An instruction driver permit is subject to the same classifications and endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class A commercial, Class B commercial, Class C commercial or Class C driver license or as a motorcycle endorsement, but the permit will also be subject to the provisions of this section.

          (2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of endorsement except for the person’s age or lack of experience in the operation of motor vehicles subject to the following:

          (a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

          (b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle endorsement.

          (c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

          (3) The only fee required for issuance of an instruction driver permit is the instruction driver permit issuance fee under ORS 807.370.

          (4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. A permit issued under this section may not be renewed.

          (5) The holder of the permit may not operate a motor vehicle unless the holder has the permit in the holder’s immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the permit unless the permit is for motorcycle driving privileges. For a permit granting motorcycle driving privileges, the holder of the permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. If the permit authorizes its holder to operate a commercial motor vehicle, the accompanying person must have a commercial driver license and the proper endorsements for the vehicle being operated by the holder of the permit.

          (6) The holder of a permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

          (a) The holder may only operate a motorcycle during daylight hours.

          (b) The holder may not carry any passengers on the motorcycle.

          (c) The holder of the permit must wear an approved helmet while operating a motorcycle.

          [(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.]

 

          SECTION 9. ORS 807.530 is amended to read:

          807.530. (1) A person commits the offense of providing a false application for a license if the person in applying for a license or driver permit or for renewal or [duplication] replacement thereof under the vehicle code knowingly:

          (a) Uses or gives a false or fictitious name or identity;

          (b) Gives or uses a false or fictitious address;

          (c) Gives or uses a false age;

          (d) Makes a false statement;

          (e) Conceals a material fact;

          (f) Uses or attempts to use false identification documents;

          (g) Allows another person to take any test related to issuance of a license or permit on behalf of the applicant; or

          (h) Otherwise commits fraud in the application.

          (2) The offense described in this section, providing a false application for a license, is a Class A misdemeanor.

 

          SECTION 10. 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

          (c) Furnishes such evidence of the person’s age and identity as the department may require.

          (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] replacement 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] replacement 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] replacement 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.]

          (12) The department may establish by rule reasons for issuing replacement identification cards that are in addition to the reasons identified in subsections (10) and (11) of this section. The fee for a replacement identification card is provided 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 ORS 809.419 (1). 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 11. Section 9, chapter 91, Oregon Laws 1999, is amended to read:

          Sec. 9. The Department of Transportation may adopt any rules the department determines necessary for an orderly transition to an eight-year cycle for issuing and renewing driver licenses, disability golf cart driver permits, identification cards and disabled person parking permits. The rules may include but need not be limited to:

          (1) Provisions for issuing one four-year renewal when a person who holds a valid license, card or permit on [the effective date of this 1999 Act] October 23, 1999, is authorized to renew the license, card or permit by mail.

          (2) Provisions for charging the renewal fees in effect just prior to [the effective date of this 1999 Act] October 23, 1999,for a person who is authorized to renew a license, card or permit for a four-year period under the rules.

          (3) Provisions for issuing a [duplicate or] replacement license or driver permit that expires eight years after the date it is issued.

 

          SECTION 12. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

 

Approved by the Governor May 18, 2005

 

Filed in the office of Secretary of State May 19, 2005

 

Effective date May 18, 2005

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