73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 2107
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
Relating to driving privileges; creating new provisions; amending
ORS 153.090, 801.303, 801.477, 807.031, 807.035, 807.036,
807.040, 807.045, 807.070, 807.072, 807.080, 807.280, 807.370,
809.400, 809.413, 809.460, 810.375, 811.182, 813.130, 813.215,
813.404 and 813.410; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
SCHOOL BUS ENDORSEMENT + }
SECTION 1. ORS 807.035 is amended to read:
807.035. This section describes the type of driving privileges
granted by various endorsements issued by this state. The
following endorsements grant the driving privileges described:
(1) A motorcycle endorsement authorizes a person to operate any
motorcycle.
(2) A hazardous materials endorsement authorizes a person to
operate a vehicle transporting hazardous materials.
(3) A tank vehicle endorsement authorizes a person to operate
tank vehicles.
(4) A passenger endorsement authorizes a person to operate
{ - vehicles - } { + a vehicle that is + } designed to
transport 16 or more persons, including the driver { + , but that
is not a school bus + }.
{ + (5) A school bus endorsement authorizes a person to
operate a school bus if the person also holds a valid passenger
endorsement. + }
{ - (5) - } { + (6) + } A trailer endorsement authorizes a
person to operate double and triple trailers.
{ - (6) - } { + (7) + } A combined endorsement authorizes a
person to operate a tank vehicle, transport hazardous materials
and transport hazardous materials in a tank vehicle.
{ - (7) - } { + (8) + } A Class A farm endorsement
authorizes a person to:
(a) Operate or tow any vehicle that can be operated by the
holder of a Class A commercial driver license if the vehicle is:
(A) Controlled or operated by a farmer;
(B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
Enrolled House Bill 2107 (HB 2107-A) Page 1
(C) Not used in the operation of a common or contract motor
carrier; and
(D) Used within 150 miles of the farmer's farm.
(b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
{ - (8) - } { + (9) + } A Class B farm endorsement
authorizes a person to:
(a) Operate or tow any vehicle that can be operated or towed by
the holder of a Class B commercial driver license if the vehicle
is:
(A) Controlled or operated by a farmer;
(B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
(C) Not used in the operation of a common or contract motor
carrier; and
(D) Used within 150 miles of the farmer's farm.
(b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
SECTION 2. { + The amendments to ORS 807.035 by section 1 of
this 2005 Act apply to persons operating a school bus on or after
October 1, 2005. + }
SECTION 3. ORS 807.031 is amended to read:
807.031. This section describes the type of driving privileges
granted by the various licenses issued by this state. Licenses
are established by class with the highest class being Class A
commercial. Each class of license grants driving privileges for
that class and for all lower classes. { - No - } { + A + }
license { - grants - } { + does not grant + } driving
privileges for which an endorsement is required. The following
licenses grant the driving privileges described:
(1) A Class A commercial driver license authorizes a person to
operate any vehicle or combination of vehicles except that the
person may not operate any vehicle for which an endorsement is
required unless the person obtains the endorsement.
(2) A Class B commercial driver license authorizes a person to
operate any single vehicle and to tow a vehicle that is not in
excess of 10,000 pounds gross vehicle weight rating. The person
may not operate any vehicle for which an endorsement is required
unless the person obtains the endorsement.
(3) A Class C commercial driver license authorizes a person to
operate:
(a) Any vehicle that is designed to transport 16 or more
persons, including the driver, if the gross vehicle weight rating
of the vehicle is less than 26,001 pounds and the person has
{ - a passenger endorsement - } { + the proper endorsement to
operate a vehicle described in this paragraph + };
(b) Any vehicle that is owned or leased by, or operated under
contract with, a mass transit district or a transportation
district when the vehicle is actually being used to transport
passengers for hire, regardless of the number of passengers, if
the gross vehicle weight rating of the vehicle is less than
26,001 pounds and the person has a passenger endorsement;
(c) Any vehicle that is used in the transportation of hazardous
materials if the gross vehicle weight rating of the vehicle is
less than 26,001 pounds and the person has the proper
endorsement; and
(d) Any vehicle that may be operated by the holder of a Class C
license.
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(4) A Class C driver license authorizes a person to operate any
vehicle for which a commercial driver license is not required
except that the person may not operate any vehicle for which an
endorsement is required unless the person obtains the
endorsement.
(5) A restricted Class C license authorizes a person to operate
a moped or to operate under one of the permits described in ORS
807.200 as constituting a restricted Class C license. The person
may not operate any vehicle for which an endorsement is required
or be granted any endorsements for the license.
SECTION 4. ORS 807.036 is amended to read:
807.036. Notwithstanding any other provision of law, the
operator of a tow vehicle is not required to have an endorsement
for towing a disabled vehicle that can be operated only by a
person with an endorsement if the towing operation is the first
move of the disabled vehicle and is performed as an emergency
service or if { - it - } { + the move + } is a subsequent
move of an empty vehicle that requires a passenger endorsement
{ + or a school bus endorsement + } for operation.
SECTION 5. ORS 807.070 is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and endorsement. The examination for each class of license or
endorsement shall include all of the following as described:
(1) A test of the applicant's eyesight. This subsection does
not apply to an applicant with a limited vision condition as
defined in section 2, chapter 277, Oregon Laws 2003.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
(b) The test for each class of license and endorsement shall
include, but is not limited to, a test of knowledge and
understanding of traffic laws that relate specifically to the
type of driving privileges granted under the specific class of
license or endorsement sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(d) The department may waive the test under circumstances
described in ORS 807.072.
(3) A test that is an actual demonstration of the applicant's
ability to operate a motor vehicle without endangering the safety
of persons or property. The following apply to this subsection:
(a) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(b) An actual demonstration for a passenger endorsement shall
be performed in a vehicle that is designed to transport 16 or
more persons, including the driver.
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{ + (c) An actual demonstration for a school bus endorsement
shall be performed in a school bus. + }
{ - (c) - } { + (d) + } The department may waive the
demonstration under circumstances described in ORS 807.072.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
SECTION 6. ORS 807.070, as amended by section 10, chapter 277,
Oregon Laws 2003, is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and endorsement. The examination for each class of license or
endorsement shall include all of the following as described:
(1) A test of the applicant's eyesight.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
(b) The test for each class of license and endorsement shall
include, but is not limited to, a test of knowledge and
understanding of traffic laws that relate specifically to the
type of driving privileges granted under the specific class of
license or endorsement sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(d) The department may waive the test under circumstances
described in ORS 807.072.
(3) A test that is an actual demonstration of the applicant's
ability to operate a motor vehicle without endangering the safety
of persons or property. The following apply to this subsection:
(a) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(b) An actual demonstration for a passenger endorsement shall
be performed in a vehicle that is designed to transport 16 or
more persons, including the driver.
{ + (c) An actual demonstration for a school bus endorsement
shall be performed in a school bus. + }
{ - (c) - } { + (d) + } The department may waive the
demonstration under circumstances described in ORS 807.072.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
Enrolled House Bill 2107 (HB 2107-A) Page 4
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
SECTION 7. ORS 807.072 is amended to read:
807.072. (1) The Department of Transportation, by rule, may
waive any examination, test or demonstration required under ORS
807.065 (1)(b) or 807.070 (2) or (3) if the department receives
satisfactory proof that the person required to take the
examination, test or demonstration has passed an examination,
test or demonstration approved by the department that:
(a) Is given in conjunction with a traffic safety education
course certified by the department under ORS 802.345;
(b) Is given in conjunction with a motorcycle rider education
course established under ORS 802.320;
(c) Is given in conjunction with a course conducted by a
commercial driver training school certified by the department
under ORS 822.515; or
(d) Is given in conjunction with an application for a special
limited vision condition learner's permit under section 3,
chapter 277, Oregon Laws 2003.
(2) The department, by rule, may waive the actual demonstration
required under ORS 807.070 (3) for { - an applicant - } { + a
person who is applying + }for a commercial driver license or a
Class C license if the { - applicant - } { + person + } holds
a valid out-of-state license or applies for an Oregon license
within one year of the expiration of a valid out-of-state
license. A demonstration may be waived under this subsection only
if the person has applied for the same driving privileges as
those granted under the person's out-of-state license or for
privileges granted by a lower class of license.
(3) The department may waive the actual demonstration required
under ORS 807.070 for { - any applicant - } { + a person who
is applying + } for a commercial driver license { + or for an
endorsement related to a commercial driver license if the person
+ } { - who - } submits to the department a certificate of
competency { - , - } issued under ORS 807.080 for the class of
license { + or for the endorsement + } sought or under other
circumstances, established by the department by rule,
{ - if the applicant establishes the applicant's - } { + that
establish the person's + } ability to drive without an actual
demonstration.
(4) The department may issue a Class A farm endorsement without
requiring additional tests to a person who has a Class C driver
license if a farm employer or a self-employed farmer certifies to
the department that the person is experienced in driving a
vehicle that may be driven only by persons who have a Class A
commercial driver license and the person's two-part driving
record does not show either a traffic accident within two years
of the date of application for the endorsement or a conviction
for one of the following traffic crimes within five years of the
date of application for the endorsement:
(a) Reckless driving, as defined in ORS 811.140.
(b) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(c) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
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(d) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(e) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
(5) The department may issue a Class B farm endorsement without
requiring additional tests to a person who has a Class C driver
license if a farm employer or a self-employed farmer certifies to
the department that the person is experienced in driving a
vehicle that may be driven only by persons who have a Class B
commercial driver license and the person's two-part driving
record does not show either a conviction for a traffic crime
specified in subsection (4) of this section within five years of
the date of application for the endorsement or a traffic accident
within two years of the date of application for the endorsement.
(6) The department by rule may establish other circumstances
under which a farm endorsement may be issued without an actual
demonstration. The authority granted by this subsection includes,
but is not limited to, authority to adopt rules specifying
circumstances under which the endorsement may be granted to a
person despite the appearance of traffic accidents on the
person's record.
SECTION 8. ORS 807.072, as amended by section 11, chapter 277,
Oregon Laws 2003, is amended to read:
807.072. (1) The Department of Transportation, by rule, may
waive any examination, test or demonstration required under ORS
807.065 (1)(b) or 807.070 (2) or (3) if the department receives
satisfactory proof that the person required to take the
examination, test or demonstration has passed an examination,
test or demonstration approved by the department that:
(a) Is given in conjunction with a traffic safety education
course certified by the department under ORS 802.345;
(b) Is given in conjunction with a motorcycle rider education
course established under ORS 802.320; or
(c) Is given in conjunction with a course conducted by a
commercial driver training school certified by the department
under ORS 822.515.
(2) The department, by rule, may waive the actual demonstration
required under ORS 807.070 (3) for { - an applicant - } { + a
person who is applying + } for a commercial driver license or a
Class C license if the { - applicant - } { + person + } holds
a valid out-of-state license or applies for an Oregon license
within one year of the expiration of a valid out-of-state
license. A demonstration may be waived under this subsection only
if the person has applied for the same driving privileges as
those granted under the person's out-of-state license or for
privileges granted by a lower class of license.
(3) The department may waive the actual demonstration required
under ORS 807.070 for { - any applicant - } { + a person who
is applying + } for a commercial driver license { + or for an
endorsement related to a commercial driver license if the person
+ } { - who - } submits to the department a certificate of
competency { - , - } issued under ORS 807.080 for the class of
license { + or for the endorsement + } sought or under other
circumstances, established by the department by rule,
{ - if the applicant establishes the applicant's - } { + that
establish the person's + } ability to drive without an actual
demonstration.
(4) The department may issue a Class A farm endorsement without
requiring additional tests to a person who has a Class C driver
license if a farm employer or a self-employed farmer certifies to
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the department that the person is experienced in driving a
vehicle that may be driven only by persons who have a Class A
commercial driver license and the person's two-part driving
record does not show either a traffic accident within two years
of the date of application for the endorsement or a conviction
for one of the following traffic crimes within five years of the
date of application for the endorsement:
(a) Reckless driving, as defined in ORS 811.140.
(b) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(c) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(d) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(e) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
(5) The department may issue a Class B farm endorsement without
requiring additional tests to a person who has a Class C driver
license if a farm employer or a self-employed farmer certifies to
the department that the person is experienced in driving a
vehicle that may be driven only by persons who have a Class B
commercial driver license and the person's two-part driving
record does not show either a conviction for a traffic crime
specified in subsection (4) of this section within five years of
the date of application for the endorsement or a traffic accident
within two years of the date of application for the endorsement.
(6) The department by rule may establish other circumstances
under which a farm endorsement may be issued without an actual
demonstration. The authority granted by this subsection includes,
but is not limited to, authority to adopt rules specifying
circumstances under which the endorsement may be granted to a
person despite the appearance of traffic accidents on the
person's record.
SECTION 9. ORS 807.080 is amended to read:
807.080. (1) The Department of Transportation, by rule, shall
provide for the following in a manner consistent with this
section:
(a) The issuance of driver competency testing certificates.
(b) The regulation of persons issued driver competency testing
certificates.
(2) A person issued a driver competency testing certificate
under this section may certify, in a manner established by the
department, the competency of drivers to safely exercise driving
privileges granted only under one or more of the following:
(a) A Class A commercial driver license.
(b) A Class B commercial driver license.
(c) A Class C commercial driver license.
{ + (d) An endorsement related to a commercial driver
license. + }
(3) The department may waive an actual demonstration of ability
to operate a motor vehicle under ORS 807.070 for an applicant who
is certified by the holder of a driver competency testing
certificate as competent to exercise the driving privileges in
the class of license { + or in the endorsement + } sought by the
applicant.
(4) The rules adopted by the department under this section may
{ - include any of the following: - }
{ - (a) The rules may - } establish reasonable fees for the
issuance of a certificate or as part of any program of regulating
certificate holders that is established by the department.
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{ - (b) - } { + (5) When adopting rules under this
section, + } the department may { + :
(a) + } Make the certificate renewable upon any basis
determined convenient by the department and may include
provisions for cancellation, revocation or suspension of
certificates or for probation of certificate holders.
{ - (c) - } { + (b) + } { - The department may - }
Provide for the issuance of certifications allowing the holder to
certify competency in several classes or types of driving
privileges or limiting the classes or types of driving privileges
for which the holder may certify competency.
{ - (d) - } { + (c) + } { - The department may - }
Establish the forms of certificates to be issued.
{ - (e) - } { + (d) + } { - The department may - }
Establish and require forms that are to be used by certificate
holders in certifying competency.
{ - (f) - } { + (e) + } { - The department may - }
Establish any qualifications or requirements for obtaining a
certificate that the department determines necessary to protect
the interests of persons seeking certification by certificate
holders.
{ - (g) - } { + (f) + } { - The department may - } Issue
certificates to publicly owned and operated educational
facilities to allow programs for certification of competency.
{ - (h) - } { + (g) + } { - The department may - } Issue
certificates to employers to allow the employers to establish
programs primarily for the certification of employees'
competency. The department may provide that programs established
under this paragraph may be operated without driver training
school certificates under ORS 822.500 and without driver training
instructor certificates under ORS 822.525.
{ - (i) - } { + (h) + } { - The department may - }
Establish any other provisions or requirements necessary to carry
out the purposes of this section.
SECTION 10. 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.
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(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) Notwithstanding subsection (6) of this section, for
original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
(a) $21; or
(b) $61 if the department accepts a certificate of competency
issued under ORS 807.080. + }
{ - (9) - } { + (10) + } For a farm endorsement, $26.
{ - (10) - } { + (11) + } 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.
{ + (e) For a school bus endorsement, $10. + }
{ - (11) - } { + (12) + } Fee to take an airbrake knowledge
test, $10.
{ - (12) - } { + (13) + } Fee to take an airbrake skills
test to remove an airbrake restriction, $56.
{ - (13) - } { + (14) + } License renewal fee for a
commercial driver license, $50.
{ - (14) - } { + (15) + } License renewal fee for a Class C
license, $28.50.
{ - (15) - } { + (16) + } License replacement fee under ORS
807.160, $21.
{ - (16) - } { + (17) + } Original endorsement issuance fee
under ORS 807.170 for a motorcycle endorsement, $46, in addition
to any fees for the endorsed license.
{ - (17) - } { + (18) + } Permit replacement fee under ORS
807.220, 807.230, 807.280 and 807.290, $21.
{ - (18) - } { + (19) + } Special student driver permit fee
under ORS 807.230, $18.
{ - (19) - } { + (20) + } Student Driver Training Fund
eligibility fee under ORS 807.040 and 807.150, $6.
{ - (20) - } { + (21) + } 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) - } { + (22) + } Probationary driver permit
application fee under ORS 807.270, $50.
{ - (22) - } { + (23) + } Hardship driver permit
application fee under ORS 807.240, $50.
{ - (23) - } { + (24) + } Fee for reinstatement of revoked
driving privileges under ORS 809.390, $75.
{ - (24) - } { + (25) + } Fee for reinstatement of
suspended driving privileges under ORS 809.380, $75.
{ - (25) - } { + (26) + } 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.
Enrolled House Bill 2107 (HB 2107-A) Page 9
{ - (26) Fee for hazardous materials endorsement security
check, $50. - }
(27) Fee for a special limited vision condition learner's
permit under section 3, chapter 277, Oregon Laws 2003, $13.
SECTION 11. 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) Notwithstanding subsection (6) of this section, for
original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
(a) $21; or
(b) $61 if the department accepts a certificate of competency
issued under ORS 807.080. + }
{ - (9) - } { + (10) + } For a farm endorsement, $26.
{ - (10) - } { + (11) + } 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.
{ + (e) For a school bus endorsement, $10. + }
{ - (11) - } { + (12) + } Fee to take an airbrake knowledge
test, $10.
{ - (12) - } { + (13) + } Fee to take an airbrake skills
test to remove an airbrake restriction, $56.
{ - (13) - } { + (14) + } License renewal fee for a
commercial driver license, $50.
Enrolled House Bill 2107 (HB 2107-A) Page 10
{ - (14) - } { + (15) + } License renewal fee for a Class C
license, $28.50.
{ - (15) - } { + (16) + } License replacement fee under ORS
807.160, $21.
{ - (16) - } { + (17) + } Original endorsement issuance fee
under ORS 807.170 for a motorcycle endorsement, $46, in addition
to any fees for the endorsed license.
{ - (17) - } { + (18) + } Permit replacement fee under ORS
807.220, 807.230, 807.280 and 807.290, $21.
{ - (18) - } { + (19) + } Special student driver permit fee
under ORS 807.230, $18.
{ - (19) - } { + (20) + } Student Driver Training Fund
eligibility fee under ORS 807.040 and 807.150, $6.
{ - (20) - } { + (21) + } 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) - } { + (22) + } Probationary driver permit
application fee under ORS 807.270, $50.
{ - (22) - } { + (23) + } Hardship driver permit
application fee under ORS 807.240, $50.
{ - (23) - } { + (24) + } Fee for reinstatement of revoked
driving privileges under ORS 809.390, $75.
{ - (24) - } { + (25) + } Fee for reinstatement of
suspended driving privileges under ORS 809.380, $75.
{ - (25) - } { + (26) + } 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) Fee for hazardous materials endorsement security
check, $50. - }
{ +
DISQUALIFICATION FROM HOLDING + }
{ +
A COMMERCIAL DRIVER LICENSE + }
SECTION 12. { + Section 13 of this 2005 Act is added to and
made a part of the Oregon Vehicle Code. + }
SECTION 13. { + (1) The Department of Transportation shall
suspend a person's commercial driver license or right to apply
for a commercial driver license if the person is disqualified
from holding a commercial driver license under this section. A
person is entitled to administrative review under ORS 809.440 of
a suspension under this section.
(2) A person is disqualified from holding a commercial driver
license if the person has two or more of any of the following in
any combination:
(a) A record of conviction for driving while under the
influence of intoxicants under ORS 813.010 and the person was
driving a motor vehicle or a commercial motor vehicle at the time
of the offense.
(b) A suspension of the person's commercial driver license
under ORS 813.410 for refusal to submit to a test under ORS
813.100 and the person was driving a motor vehicle or a
commercial motor vehicle at the time of the offense.
(c) A suspension of the person's commercial driver license
under ORS 813.410 because the person submitted to a breath or
Enrolled House Bill 2107 (HB 2107-A) Page 11
blood test and the person's blood, as shown by the test, had 0.04
percent or more by weight of alcohol and the person was driving a
commercial motor vehicle at the time of the offense.
(d) A record of conviction under ORS 811.700 or 811.705 of
failure to perform the duties of a driver and the person was
driving a motor vehicle or a commercial motor vehicle at the time
of the offense.
(e) A record of conviction of a crime punishable as a felony,
other than a felony described in subsection (3) of this section,
and the person was driving a motor vehicle or a commercial motor
vehicle at the time of the offense.
(f) A record of conviction for driving a commercial motor
vehicle while, as a result of prior violations committed while
driving a commercial motor vehicle, the person's commercial
driver license had been suspended or revoked.
(g) A record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first
degree resulting from the operation of a commercial motor
vehicle.
(3) A person is disqualified from holding a commercial driver
license if the person has a record of conviction for a crime
punishable as a felony that involves the manufacturing,
distributing or dispensing of a controlled substance, as defined
in ORS 475.005, and in which a motor vehicle or a commercial
motor vehicle was used. Notwithstanding subsection (4) of this
section, the department may not issue or reinstate a commercial
driver license for the lifetime of a person whose commercial
driver license is suspended under this subsection.
(4) Ten years after a person is disqualified from holding a
commercial driver license under subsection (2) of this section,
the person may apply to the department for the right to apply for
a commercial driver license or for reinstatement of the person's
commercial driver license. The department may issue or reinstate
a commercial driver license to a person who meets all other
requirements for the issuance of a commercial driver license if
the department, in the discretion of the department, finds good
cause shown and finds that the person voluntarily entered and
successfully completed rehabilitation as approved by the
department.
(5) Notwithstanding subsection (4) of this section, if a person
whose commercial driver license is issued or reinstated under
subsection (4) of this section receives a subsequent conviction
or suspension described in subsection (2) of this section, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license for the
lifetime of the person.
(6) For the purposes of this section:
(a) Second or subsequent records of conviction or suspensions
apply only if the convictions or suspensions arose out of
separate incidents.
(b) A record of conviction or suspension applies to a person
who does not hold a commercial driver license only if the person
was driving a commercial motor vehicle at the time of the
commission of the offense. + }
SECTION 14. { + Section 13 of this 2005 Act applies to:
(1) Except as provided in subsection (2) of this section,
offenses committed before, on or after the effective date of this
2005 Act if the person was driving a commercial motor vehicle at
the time of the offense.
Enrolled House Bill 2107 (HB 2107-A) Page 12
(2) Offenses committed on or after the effective date of this
2005 Act if the offense is not an offense described in subsection
(1) of this section or if the offense is the offense described in
section 13 (2)(f) of this 2005 Act. + }
SECTION 15. ORS 807.040 is amended to read:
807.040. { + (1) + } The Department of Transportation shall
issue a driver license to any person who complies with all of the
following requirements:
{ - (1) - } { + (a) + } The person must complete
{ + an + } application for a license under ORS 807.050.
{ - (2) - } { + (b) + } The person must not be ineligible
for the license under ORS 807.060 and must be eligible for the
license under ORS 807.062.
{ - (3) - } { + (c) + } The person must successfully pass
all examination requirements under ORS 807.070 for the class of
license sought.
{ - (4) - } { + (d) + } The appropriate license fee under
ORS 807.370 for the class of license sought must be paid.
{ - (5) - } { + (e) + } The Student Driver Training Fund
eligibility fee must be paid.
{ - (6) - } { + (f) + } If the application is for a
commercial driver license, the { - applicant - } { +
person + } must be the holder of a Class C license or any higher
class of license.
{ - (7) - } { + (g) + } If the application is for a
commercial driver license, the { - applicant - } { +
person + } must submit to the department, in a form approved by
the department, the report of a medical examination that
establishes, to the satisfaction of the department, that the
{ - applicant - } { + person + } meets the medical
requirements for the particular class of license. The department,
by rule, shall establish medical requirements for purposes of
this
{ - subsection - } { + paragraph + }. The medical
requirements established under this { - subsection - } { +
paragraph + } may include any requirements the department
determines are necessary for the safe operation of vehicles
permitted to be operated under the class of license for which the
requirements are established.
{ - (8) - } { + (h) + } If the application is for a
commercial driver license, the { - applicant - }
{ + person + } must { + :
(A) + } Have at least one year's driving experience { + ;
(B) Not be disqualified from holding a commercial driver
license under section 13 of this 2005 Act; and
(C) Not be otherwise ineligible to hold a commercial driver
license + }.
{ - (9) - } { + (2) + } The department shall work with
other agencies and organizations to attempt to improve the
issuance system for driver licenses.
SECTION 16. ORS 807.045 is amended to read:
807.045. (1) In order to be authorized to drive a commercial
motor vehicle in this state, a person who holds a commercial
driver license issued by a jurisdiction other than Oregon must,
within 30 days of becoming domiciled in Oregon:
(a) Apply to the Department of Transportation for an Oregon
commercial driver license;
(b) Certify to the department that the { - applicant's - }
{ + person's + } current commercial driver license is not
subject to any disqualification, suspension, revocation or
Enrolled House Bill 2107 (HB 2107-A) Page 13
cancellation and that the { - applicant - } { + person + }
does not have a commercial driver license from more than one
jurisdiction; and
(c) Surrender any commercial driver license issued to the
{ - applicant - } { + person + } by another jurisdiction.
(2) The department shall issue a commercial driver license to a
person who complies with subsection (1) of this section if the
department determines that the person is { + all of the
following:
(a) + } Eligible for a commercial driver license. In order to
determine eligibility under this { - section - } { +
paragraph + }, the department may require from the
{ - applicant - } { + person + } any additional information
that { - it - } { + the department + } determines necessary
and may require the { - applicant - } { + person + } to pass
any examinations, tests or demonstrations that the department
determines necessary.
{ + (b) Not disqualified from holding a commercial driver
license under section 13 of this 2005 Act.
(c) Not otherwise ineligible for a commercial driver
license. + }
(3) For purposes of this section, a person is domiciled in this
state if the person meets the criteria described in ORS 803.355.
SECTION 17. ORS 809.460 is amended to read:
809.460. (1) Except as provided in subsection (4) of this
section, if a suspension or revocation of driving privileges is
based upon a conviction, the court that entered the judgment of
conviction may direct the Department of Transportation to rescind
the suspension or revocation if:
(a) The person has appealed the conviction; and
(b) The person requests in writing that the court direct the
department to rescind the suspension or revocation pending the
outcome of the appeal.
(2) If directed by a court pursuant to subsection (1) of this
section to do so, the department shall immediately rescind a
suspension or revocation of driving privileges.
(3) The court shall notify the department immediately if the
conviction is affirmed on appeal, the appeal is dismissed or the
appeal is not perfected within the statutory period. Upon receipt
of notice under this subsection, the department shall reimpose
any suspension or revocation that has been rescinded under this
section.
(4) If a person's commercial driver license was suspended under
ORS 809.413 or 813.403 { + or section 13 of this 2005 Act + },
the department shall not rescind suspension of the person's
commercial driver license because the person has taken an appeal,
unless the conviction is reversed on appeal.
SECTION 18. ORS 810.375 is amended to read:
810.375. (1) The judge or clerk of every court of this state
having jurisdiction of any traffic offense, including all local
and municipal judicial officers in this state:
(a) Shall keep a full record of every case in which a person is
charged with any such offense.
(b) Shall send the Department of Transportation an abstract of
conviction for any person who is convicted.
(c) Shall send the department a copy of any final judgment of
conviction of any person which results in mandatory suspension or
revocation of driving privileges or commercial driver license
under ORS 809.407, 809.409, 809.411, 809.413, 813.400 or 813.403
{ + or section 13 of this 2005 Act + }.
Enrolled House Bill 2107 (HB 2107-A) Page 14
(d) Shall send the department a copy of any final judgment
finding a person charged with a traffic offense guilty except for
insanity and committed to the jurisdiction of the Psychiatric
Security Review Board.
(2) The department shall keep such records in its office, and
they shall be open to the inspection of any person during
reasonable business hours.
(3) To comply with this section, a judge or clerk must comply
with the following:
(a) Any information required by this section to be sent to the
department must be sent within the time provided under ORS
810.370 and must include information required by ORS 810.370.
(b) Information shall not be sent to the department under this
section concerning convictions excluded from ORS 810.370.
SECTION 19. ORS 811.182 is amended to read:
811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The crime is a Class B felony if the suspension or
revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle or if the revocation resulted from a
conviction for felony driving while under the influence of
intoxicants.
(4) The crime is a Class A misdemeanor if the suspension or
revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
(A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license under ORS
809.413 { - (2) - } { + (1) + } resulting from failure to
perform the duties of a driver under ORS 811.700 while driving a
commercial motor vehicle.
(e) A suspension of a commercial driver license under ORS
{ - 809.400 (3)(b) - } { + 809.413 (12) + } where the
person's commercial driving privileges have been suspended or
revoked by the other jurisdiction for failure of or refusal to
take a chemical test to determine the alcoholic content of the
person's blood under a statute that is substantially similar to
ORS 813.100.
{ + (f) A suspension of a commercial driver license under
section 13 of this 2005 Act. + }
Enrolled House Bill 2107 (HB 2107-A) Page 15
{ - (f) - } { + (g) + } A revocation resulting from
habitual offender status under ORS 809.640.
{ - (g) - } { + (h) + } A suspension resulting from any
crime punishable as a felony with proof of a material element
involving the operation of a motor vehicle, other than a crime
described in subsection (3) of this section.
{ - (h) - } { + (i) + } A suspension for failure to perform
the duties of a driver under ORS 811.705.
{ - (i) - } { + (j) + } A suspension for reckless driving
under ORS 811.140.
{ - (j) - } { + (k) + } A suspension for fleeing or
attempting to elude a police officer under ORS 811.540.
{ - (k) - } { + (L) + } A suspension or revocation
resulting from misdemeanor driving while under the influence of
intoxicants under ORS 813.010.
{ - (L) - } { + (m) + } A suspension for use of a
commercial motor vehicle in the commission of a crime punishable
as a felony.
(5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and
the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a fine of at
least $1,000 if it is the person's first conviction for criminal
driving while suspended or revoked and at least $2,000 if it is
the person's second or subsequent conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category 6 of
the rules of the Oregon Criminal Justice Commission.
{ +
SUSPENSION OF COMMERCIAL DRIVER LICENSE + }
SECTION 20. ORS 809.413 is amended to read:
809.413. { - (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 or ORS 809.411
(2) or 813.403, 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 or ORS 809.411
(2) or 813.403 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. - }
Enrolled House Bill 2107 (HB 2107-A) Page 16
{ - (c) If the person's commercial driver license has
previously been suspended under this subsection or ORS 809.411
(2) or 813.403, 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. - } { + The Department of Transportation
Enrolled House Bill 2107 (HB 2107-A) Page 17
shall suspend the commercial driver license of a person when the
department receives a record of conviction, notification or
notice described in this section. A person is entitled to
administrative review under ORS 809.440 of a suspension under
this section. The department shall suspend the commercial driver
license when the department receives:
(1) A record of conviction under ORS 811.700 or 811.705 of
failure to perform the duties of a driver while operating a motor
vehicle or a commercial motor vehicle. A conviction under this
subsection shall result in:
(a) A suspension for a period of one year if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(b) A suspension for a period of three years if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in section 13 of this 2005 Act
or had a commercial driver license suspended as described in
section 13 of this 2005 Act.
(2) A record of conviction of a crime punishable as a felony
involving the operation of a motor vehicle or a commercial motor
vehicle, other than the felony described in subsection (3) of
this section. A conviction under this subsection shall result in:
(a) A suspension for a period of one year if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(b) A suspension for a period of three years if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in section 13 of this 2005 Act
or had a commercial driver license suspended as described in
section 13 of this 2005 Act.
(3) A record of conviction of a crime punishable as a felony
that involves the manufacturing, distributing or dispensing of a
controlled substance, as defined in ORS 475.005, and in which a
motor vehicle or commercial motor vehicle was used. A conviction
under this subsection shall result in a lifetime suspension of
the person's commercial driving license.
(4) A record of conviction for driving a commercial motor
vehicle while, as a result of prior violations committed while
Enrolled House Bill 2107 (HB 2107-A) Page 18
operating a commercial motor vehicle, the commercial driver
license of the driver had been suspended or revoked. A conviction
under this subsection shall result in:
(a) A suspension for a period of one year if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(b) A suspension for a period of three years if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in section 13 of this 2005 Act
or had a commercial driver license suspended as described in
section 13 of this 2005 Act.
(5) A record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first
degree resulting from the operation of a commercial motor
vehicle. A conviction under this section shall result in:
(a) A suspension for a period of one year if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(b) A suspension for a period of three years if:
(A) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act; and
(B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
(c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in section 13 of this 2005 Act
or had a commercial driver license suspended as described in
section 13 of this 2005 Act.
(6) A record of conviction of a serious traffic violation if
the conviction occurred within three years of a previous
conviction for a serious traffic violation and if the convictions
arose out of separate incidents. A suspension under this
subsection shall be:
(a) For a period of 60 days if the conviction is the person's
second conviction for a serious traffic violation within the
three-year period.
(b) For a period of 120 days if the conviction is the person's
third or subsequent conviction for a serious traffic violation
within the three-year period. A suspension imposed under this
paragraph shall be consecutive to any other suspension imposed
for a serious traffic violation.
Enrolled House Bill 2107 (HB 2107-A) Page 19
(7) Notification that a person violated an out-of-service order
issued under ORS 813.050 or has knowingly violated any other
out-of-service order or notice. Notification under this
subsection may include, but not be limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make a determination that the person
has violated an out-of-service order or notice. A suspension
under this subsection shall be:
(a) Except as provided in paragraph (b) of this subsection, for
a period of 90 days if the notification relates to the person's
first violation of an out-of-service order or notice.
(b) For a period of one year if the notification relates to the
person's first violation of an out-of-service order or notice and
the person committed the violation while transporting hazardous
materials required to be placarded or while operating a motor
vehicle designed to transport 16 or more persons, including the
driver.
(c) Except as provided in paragraph (d) of this subsection, for
a period of three years if the notification relates to a second
or subsequent violation of an out-of-service notice or order that
occurred within a 10-year period.
(d) For a period of five years if the notification relates to a
second or subsequent violation of an out-of-service notice or
order that occurred within a 10-year period and the person
committed the violation while 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 prior
violation.
(8) Notification from the Federal Motor Carrier Safety
Administration that a person in this state who holds a commercial
driver license in this state has been disqualified from operating
a commercial motor vehicle and that the disqualification is due
to a determination that the driving of that person constitutes an
imminent hazard. A suspension under this subsection shall be made
immediately and for the period prescribed by the Federal Motor
Carrier Safety Administration, except that:
(a) Notwithstanding any disqualification hearings conducted by
the Federal Motor Carrier Safety Administration, a suspension
under this subsection is subject to a post-imposition hearing
under ORS 809.440.
(b) Notwithstanding the period of suspension prescribed by the
Federal Motor Carrier Safety Administration, a suspension under
this subsection may not exceed one year.
(9) Notification from another jurisdiction that the person
failed to appear on a citation for a traffic offense or for a
violation in the other jurisdiction that, if committed in this
state, would be grounds for suspension under ORS 809.220, and the
person held a commercial driver license or was operating a
commercial motor vehicle at the time of the offense. A suspension
under this subsection:
(a) Shall end upon the earliest of five years from the date of
suspension or upon notification by the other jurisdiction that
the person appeared.
(b) Shall be placed on the person's driving record regardless
of whether another jurisdiction places the suspension on the
person's driving record.
(c) May not be for a person's failure to appear on a parking,
pedestrian or bicyclist offense.
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(10) Notification from another jurisdiction that the person
failed to pay a fine or obey an order of the court on a citation
for a traffic offense or for a violation in the other
jurisdiction that, if committed in this state, would be grounds
for suspension under ORS 809.415 (4), and the person held a
commercial driver license or was operating a commercial motor
vehicle at the time of the offense. A suspension under this
subsection:
(a) Shall end upon the earliest of five years from the date of
suspension or upon notification by the other jurisdiction that
the person paid the fine or obeyed the order of the court.
(b) Shall be placed on the person's driving record regardless
of whether another jurisdiction places the suspension on the
person's driving record.
(c) May not be for a person's failure to pay a fine or obey an
order of the court on a parking, pedestrian or bicyclist offense.
(11) Notice of a conviction in another jurisdiction of an
offense that, if committed in this state, would be grounds for
the suspension of the person's commercial driver license. The
period of suspension under this subsection shall be the same as
would be imposed on the person if the conviction were for an
offense committed in this state.
(12) Notification from another jurisdiction that a person who
is a resident of this state and who holds a commercial driver
license has had commercial driving privileges suspended or
revoked in another jurisdiction for reasons that would be grounds
for suspension of the person's commercial driver license in this
state. The period of suspension under this subsection shall be
the same as would be imposed on the person if the violation were
committed in this state. + }
SECTION 21. { + The amendments to ORS 809.413 by section 20 of
this 2005 Act apply to:
(1) Offenses committed before, on or after the effective date
of this 2005 Act if:
(a) The suspension period is enhanced based on a prior offense
as provided in ORS 809.413 (1), (2), (3) and (5) and the person
was driving a commercial motor vehicle at the time of the
offense; or
(b) The offense is an offense described in ORS 809.413 (6),
(7), (11) or (12).
(2) Offenses committed on or after the effective date of this
2005 Act if the offense is an offense not described in subsection
(1) of this section or if the offense is an offense described in
ORS 809.413 (4), (8), (9) and (10). + }
SECTION 22. ORS 801.477 is amended to read:
801.477. 'Serious traffic violation' means { + :
(1) A violation, while operating a motor vehicle and holding a
commercial driver license, of ORS 811.140, reckless driving.
(2) + } A violation, while operating a commercial motor
vehicle, of:
{ - (1) - } { + (a) + } Any law establishing a speed limit,
if the person is operating the vehicle 15 miles per hour or more
above the posted limit.
{ - (2) - } { + (b) + } The basic speed rule established in
ORS 811.100 if the person is operating the vehicle 15 miles per
hour or more above the speeds established in ORS 811.105 as prima
facie evidence of violation of the basic speed rule.
{ + (c) ORS 807.010 (1), vehicle operating without driving
privileges.
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(d) ORS 807.570, failure to carry a license or to present a
license to a police officer. + }
{ - (3) - } { + (e) + } ORS 811.140, reckless driving.
{ - (4) - } { + (f) + } ORS 811.305, driving on the left on
a curve or grade or at an intersection or rail crossing.
{ - (5) - } { + (g) + } ORS 811.370, failure to drive
within a lane.
{ - (6) - } { + (h) + } ORS 811.410, unsafe passing on the
left.
{ - (7) - } { + (i) + } ORS 811.415, unsafe passing on the
right.
{ - (8) - } { + (j) + } ORS 811.485, following too closely.
{ - (9) - } { + (k) + } Any law relating to motor vehicle
traffic control if the violation is connected to a fatal
accident. This
{ - subsection - } { + paragraph + } does not apply to
violations of parking laws or laws regulating vehicle weight or
equipment.
{ - (10) A notice issued by any duly authorized
representative of the Department of Transportation requiring
either a driver or a vehicle to be taken out of service. - }
{ - (11) - } { + (L) + } Any law of another jurisdiction
that corresponds to an Oregon law described in this section.
SECTION 23. { + The amendments to ORS 801.477 by section 22 of
this 2005 Act apply to:
(1) Except as provided in subsection (2) of this section,
offenses committed before, on or after the effective date of this
2005 Act if the suspension period is enhanced under ORS 809.413
based on a prior offense and the person was driving a commercial
motor vehicle at the time of the offense.
(2) Offenses committed on or after the effective date of this
2005 Act if the offense is an offense not described in subsection
(1) of this section or if the offense is an offense described in
ORS 801.477 (2)(c) or (d). + }
SECTION 24. ORS 809.400 is amended to read:
809.400. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the Department of Transportation may suspend
or revoke the driving privileges of any resident of this state
upon receiving notice of the conviction of such person in another
jurisdiction of an offense therein that, if committed in this
state, would be grounds for the suspension or revocation of the
driving privileges of the person. A suspension or revocation
under this subsection shall be initiated within 30 days of
receipt of notice of the conviction. Violation of a suspension or
revocation imposed under this subsection shall have the same
legal effects and consequences as it would if the offense
committed in the other jurisdiction had been committed in this
jurisdiction.
(b) The department may not suspend or revoke driving privileges
under this subsection unless notice of conviction is received
within 180 days of the date of the conviction.
(2) The department may suspend or revoke the driving privileges
of any resident of this state upon receiving notice from another
state, territory, federal possession or district or province of
Canada that the person's driving privileges in that jurisdiction
have been suspended or revoked. Violation of the suspension or
revocation shall have the same legal effects and consequences as
it would if the suspension or revocation had been imposed
initially in this state upon the same grounds. The suspension or
Enrolled House Bill 2107 (HB 2107-A) Page 22
revocation under this subsection shall continue until the person
suspended or revoked furnishes evidence of any of the following:
(a) Compliance with the law of the other jurisdiction or the
restoration of driving privileges in that jurisdiction.
(b) That the revocation or suspension in the other jurisdiction
was not under circumstances that would require the department to
suspend or revoke the driving privileges of the person under the
laws of this state.
{ - (3)(a) The department may suspend the commercial driver
license of a resident of this state upon receiving notice of the
conviction of such person in another jurisdiction of an offense
therein that, if committed in this state, would be grounds for
the suspension of the person's commercial driver license. The
period of suspension under this paragraph shall be the same as
would be imposed on the person if the conviction were for an
offense committed in this state. - }
{ - (b) The department may suspend the commercial driver
license of a resident of this state upon receiving notice that
the person's commercial driving privileges have been suspended or
revoked in another jurisdiction for reasons that would be grounds
for suspension of the person's commercial driver license in this
state. The period of suspension under this paragraph shall be the
same as would be imposed on the person if the violation were
committed in this state. - }
{ - (4) - } { + (3) + } A person is entitled to
administrative review of a suspension under this section.
{ +
DRIVING WHILE UNDER THE INFLUENCE OF INTOXICANTS + }
{ +
BY PERSON HOLDING COMMERCIAL DRIVER LICENSE + }
SECTION 25. ORS 813.404 is amended to read:
813.404. When the Department of Transportation imposes a
suspension of a commercial driver license under ORS 813.403 or
813.410 (2), or when the department imposes a suspension of a
commercial driver license under ORS { - 809.400 (3) - } { +
809.413 (11) or (12) + } for conduct in another jurisdiction that
is substantially similar to that described in either ORS 813.403
or 813.410 (2), the suspension shall be { - for a period of
time determined according to the following - } :
{ - (1) If the person's commercial driver license has not
previously been suspended under ORS 809.413 (2), 813.403 or
813.410 (2) or under ORS 809.400 (3) for anything other than a
serious traffic violation, and: - }
{ - (a) The person was not driving a commercial motor vehicle
containing a hazardous material and the suspension is for refusal
of a test under ORS 813.100, the suspension shall be for a period
of three years. - }
{ - (b) The person was not driving a commercial motor vehicle
containing a hazardous material and the suspension is either
because the person was convicted under ORS 813.010 or because a
breath or blood test under ORS 813.100 disclosed that the person
had a level of alcohol in the person's blood that was 0.04
percent or more by weight, the suspension shall be for a period
of one year. - }
{ - (c) The person was driving a commercial motor vehicle
containing a hazardous material and the suspension is for refusal
of a test under ORS 813.100, the suspension shall be for a period
of five years. - }
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{ - (d) The person was driving a commercial motor vehicle
containing a hazardous material and the suspension is either
because the person was convicted under ORS 813.010 or because a
breath or blood test under ORS 813.100 disclosed that the person
had a level of alcohol in the person's blood that was 0.04
percent or more by weight, the suspension shall be for a period
of three years. - }
{ - (2) If the person's commercial driver license has
previously been suspended under ORS 809.413 (2), 813.403 or
813.410 (2), or has been suspended under ORS 809.400 (3) for
something other than a serious traffic violation, the suspension
shall be for the lifetime of the person. For purposes of this
subsection, a suspension is not a previous suspension if it arose
from the same occurrence as the current suspension. - }
{ + (1) For a period of one year if:
(a) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act;
(b) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense; and
(c) The suspension is either because the person was convicted
under ORS 813.010 or because a breath or blood test under ORS
813.100 disclosed that the person had a level of alcohol in the
person's blood that was 0.04 percent or more by weight.
(2) For a period of three years if:
(a) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act;
(b) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense; and
(c) The suspension is for refusal of a test under ORS 813.100.
(3) For a period of three years if:
(a) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act;
(b) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense; and
(c) The suspension is either because the person was convicted
under ORS 813.010 or because a breath or blood test under ORS
813.100 disclosed that the person had a level of alcohol in the
person's blood that was 0.04 percent or more by weight.
(4) For a period of five years if:
(a) The person has not previously been convicted of an offense
described in section 13 of this 2005 Act or had a commercial
driver license suspended as described in section 13 of this 2005
Act;
(b) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense; and
(c) The suspension is for refusal of a test under ORS 813.100.
(5) For the lifetime of the person if the person has previously
been convicted of an offense described in section 13 of this 2005
Act or had a commercial driver license suspended as described in
section 13 of this 2005 Act. + }
SECTION 26. { + The amendments to ORS 813.404 by section 25 of
this 2005 Act apply to:
Enrolled House Bill 2107 (HB 2107-A) Page 24
(1) Offenses committed before, on or after the effective date
of this 2005 Act for suspensions imposed as provided under ORS
813.404 (1) to (4).
(2) Offenses committed before, on or after the effective date
of this 2005 Act for suspensions imposed as provided under ORS
813.404 (5) if:
(a) The person has two or more previous records of conviction
or suspensions as described in section 13 of this 2005 Act;
(b) The records of conviction or suspensions described in
paragraph (a) of this subsection resulted from the operation of a
commercial motor vehicle; and
(c) None of the offenses described in paragraph (a) of this
subsection was an offense described in section 13 (2)(f) of this
2005 Act.
(3) Offenses committed on or after the effective date of this
2005 Act for suspensions imposed under ORS 813.404 (5) if the
offense is not an offense described in subsection (2) of this
section. + }
SECTION 27. ORS 813.410 is amended to read:
813.410. (1) If the Department of Transportation receives from
a police officer a report that is in substantial compliance with
ORS 813.120, the department shall suspend the driving privileges
of the person in this state on the 30th day after the date of
arrest or, if the report indicates that the person failed a blood
test, on the 60th day after receipt of the report, unless, at a
hearing described under this section, the department determines
that the suspension would not be valid as described in this
section. A suspension of driving privileges imposed under this
subsection shall be for a period of time established under ORS
813.420.
(2) If the department receives from a police officer a report
pursuant to ORS 813.120 that discloses that the person { + holds
a commercial driver license and that the person + } was driving a
{ + motor vehicle or + } commercial motor vehicle and refused to
submit to a test under ORS 813.100 or { + that the person was
driving a commercial motor vehicle and + } submitted to a breath
or blood test and the person's blood, as shown by the test, had
0.04 percent or more by weight of alcohol, the department shall
suspend the person's commercial driver license on the 30th day
after the date of arrest or, if the report indicates that the
person failed a blood test, on the 60th day after receipt of the
report, unless, at a hearing described under this section, the
department determines that the suspension would not be valid as
described in this section. A commercial driver license suspension
imposed under this subsection shall be for a period of time
established under ORS 813.404.
(3) If within 10 days from the date of arrest, or, if the
person fails a blood test, within 10 days from the date the
department sends notice of suspension, the department receives a
written request for a hearing from a person whose driving
privileges or commercial driver license the department proposes
to suspend under this section, the department shall provide a
hearing in accordance with this section. Except as otherwise
provided under this section, a hearing held by the department
under this section shall be subject to the provisions for
contested cases, other than appeal provisions, under ORS chapter
183. The applicable appeal provisions are as provided under ORS
813.450 and section 24, chapter 672, Oregon Laws 1985.
Notwithstanding ORS 809.430, the department is not required to
Enrolled House Bill 2107 (HB 2107-A) Page 25
give any notice of intent to suspend or suspension in addition to
that provided under ORS 813.100.
(4) A hearing required by this section is subject to all of the
following:
(a) The hearing shall be before an administrative law judge
assigned from the Office of Administrative Hearings established
under ORS 183.605.
(b) 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 alleged offense
occurred or at any place within 100 miles of the place where the
offense is alleged to have occurred, as established by the
department by rule.
(c) The department may authorize the administrative law judge
to issue a final order in any case.
(d) A person who requests a hearing under this section and who
fails, without just cause, to appear in person or through an
attorney waives the right to a hearing notwithstanding the
provisions of ORS 183.415. If a person waives a right to a
hearing under this paragraph, the department is not required to
make any showing at hearing.
(e) Except as provided in ORS 813.440 or upon remand under ORS
813.450, the department shall hold the hearing and issue a final
order within 30 days of the date of the arrest or, if the person
fails a blood test, within 60 days from the date the department
received the report of the failure.
(f) In connection with the hearing, the department or its
authorized representative may administer oaths and shall issue
subpoenas for the attendance of witnesses at the hearing
requested by the person or the department and the production of
relevant documents.
(g) The hearing shall be recorded by whatever means may be
determined by the department and shall include testimony and
exhibits, if any. The record of the proceedings shall not be
transcribed unless requested by a party to the proceeding.
(5) This subsection shall be narrowly construed so as to effect
the legislative purpose of limiting the scope of hearings under
this section. The scope of a hearing under this section shall be
limited to whether the suspension is valid as described in this
subsection. A suspension under this section is valid if all of
the following requirements have been met:
(a) The person, at the time the person was requested to submit
to a test under ORS 813.100, was under arrest for driving while
under the influence of intoxicants in violation of ORS 813.010 or
a municipal ordinance.
(b) The police had reasonable grounds to believe, at the time
the request was made, that the person arrested had been driving
under the influence of intoxicants in violation of ORS 813.010 or
of a municipal ordinance.
(c) The person refused a test under ORS 813.100, or took a
breath or blood test and the test disclosed that the level of
alcohol in the person's blood at the time of the test was:
(A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) If the report under ORS 813.120 indicates that the person
was driving a commercial motor vehicle, the vehicle was in fact a
commercial motor vehicle as defined in ORS 801.208.
Enrolled House Bill 2107 (HB 2107-A) Page 26
(e) The person had been informed under ORS 813.100 of rights
and consequences as described under ORS 813.130.
(f) The person was given written notice required under ORS
813.100.
(g) If the person arrested submitted to a test under ORS
813.100, the person administering the test was qualified to
administer the test under ORS 813.160.
(h) If the person arrested submitted to a test under ORS
813.100, the methods, procedures and equipment used in the test
complied with requirements under ORS 813.160.
(6) A suspension imposed under this section shall remain in
effect pending any appeal or remand of a final order issued under
this section and there shall be no stay of the suspension pending
appeal or remand.
(7) Unless a person fails, without just cause, to appear in
person or through an attorney at a hearing requested under this
section, a person shall have the right to appeal any final order
by the department after a hearing under this section by filing a
petition. The following apply to this subsection:
(a) The person shall file the petition in the circuit court for
the county where the person resides or, if the person does not
reside in Oregon, in the circuit court of the county in which the
arrest took place within 30 days after issuance of the final
order of the department.
(b) The court upon receipt of the petition shall set the matter
for hearing upon 10 days' notice to the department and the
petitioner unless hearing is waived by both the department and
the petitioner.
SECTION 28. ORS 813.130 is amended to read:
813.130. This section establishes the requirements for
information about rights and consequences for purposes of ORS
813.100 and 813.410. The following apply to the information about
rights and consequences:
(1) The information about rights and consequences shall be
substantially in the form prepared by the Department of
Transportation. The department may establish any form it
determines appropriate and convenient.
(2) The information about rights and consequences shall be
substantially as follows:
(a) Driving under the influence of intoxicants is a crime in
Oregon, and the person is subject to criminal penalties if a test
under ORS 813.100 shows that the person is under the influence of
intoxicants. If the person refuses a test or fails, evidence of
the refusal or failure may also be offered against the person.
(b) The person will fail a test under ORS 813.100 for purposes
of criminal penalties if the test discloses a blood alcohol
content of 0.08 percent or more by weight. The person will fail a
test for purposes of the Motorist Implied Consent Law if the test
discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(c) If the person refuses or fails a test under ORS 813.100,
the person's driving privileges will be suspended. The outcome of
a criminal charge for driving under the influence of intoxicants
will not affect the suspension. The suspension will be
substantially longer if the person refuses a test.
Enrolled House Bill 2107 (HB 2107-A) Page 27
(d) If the person refuses a test or fails a breath test under
ORS 813.100 and has an Oregon driver license or permit, the
license or permit will be taken immediately and, unless the
person does not currently have full valid driving privileges, a
temporary driving permit will be issued to the person.
(e) If the person refuses a test under ORS 813.100, the person
will not be eligible for a hardship permit for at least 90 days,
and possibly for one year, depending on the person's driving
record. The person may possibly qualify for a hardship permit in
30 days if the person fails a test, depending on the person's
driving record.
(f) If the person refuses a breath test under ORS 813.100, the
person is subject to a fine of at least $500 and not more than
$1,000.
(g) After taking a test under ORS 813.100, the person will have
a reasonable opportunity, upon request, for an additional
chemical test for blood alcohol content to be performed at the
person's own expense by a qualified individual of the person's
choosing.
(h) The person has a right to a hearing to challenge the
validity of the suspension before the suspension becomes
effective. The person must make a written request to the
department for such a hearing. If the person wins at the hearing,
the person's driving privileges will not be suspended. If the
person loses at the hearing, the suspension will remain in effect
during any court review of the hearing.
(i) The following times:
(A) If the person is issued a temporary driving permit under
ORS 813.100, the number of hours before the driving permit will
be effective and the number of days the permit will be effective.
(B) The number of days within which a person must request a
hearing under ORS 813.410.
(C) The number of days within which a hearing under ORS 813.410
will be held.
(3) If the person is driving a commercial motor vehicle, the
information about rights and consequences shall include, in
addition to the provisions of subsection (2) of this section,
substantially the following:
(a) If the person refuses a test under ORS 813.100 or submits
to a breath or blood test and the level of alcohol in the
person's blood is 0.04 percent or more by weight, the person's
commercial driver license or right to apply for a commercial
driver license will be suspended and no hardship permit
authorizing the person to drive a commercial motor vehicle will
be issued. The suspension will be substantially longer if the
person refuses a test.
{ - (b) The suspension of the person's commercial driver
license or right to apply for a commercial driver license will be
for the person's lifetime if: - }
{ - (A) The person refuses a test under ORS 813.100 or
submits to a breath or blood test and the level of alcohol in the
person's blood is 0.04 percent or more by weight; and - }
{ - (B) The person's commercial driver license or right to
apply for a commercial driver license has previously been
suspended because the person was convicted of a crime punishable
as a felony, of failure to perform the duties of a driver or of
driving while under the influence of intoxicants or because the
person refused a previous test or submitted to a breath or blood
test and the level of alcohol in the person's blood was 0.04
percent or more by weight. - }
Enrolled House Bill 2107 (HB 2107-A) Page 28
{ + (b) The suspension of the person's commercial driver
license or right to apply for a commercial driver license will be
for the person's lifetime if the person refuses a test under ORS
813.100 or submits to a breath or blood test and the level of
alcohol in the person's blood is 0.04 percent or more by weight
and:
(A) The person previously has been convicted of failure to
perform the duties of a driver;
(B) The person previously has been convicted of a crime
punishable as a felony and the person was driving a motor vehicle
at the time the offense was committed;
(C) The person previously has been convicted of driving a
commercial motor vehicle while the person's commercial driver
license or right to apply for a commercial driver license was
suspended or revoked;
(D) The person previously has been convicted of any degree of
murder, manslaughter or criminally negligent homicide resulting
from the operation of a commercial motor vehicle or assault in
the first degree resulting from the operation of a commercial
motor vehicle;
(E) The person previously has been convicted of driving while
under the influence of intoxicants;
(F) The person's commercial driver license previously has been
suspended or revoked for refusal to submit to, or failure of, a
breath or blood test under ORS 813.100; or
(G) The person's right to apply for a commercial driver license
previously has been suspended or revoked for refusal to submit
to, or failure of, a breath or blood test under ORS 813.100
resulting from the operation of a commercial motor vehicle. + }
(4) Nothing in this section prohibits the department from
providing additional information concerning rights and
consequences that the department considers convenient or
appropriate.
SECTION 29. ORS 813.215 is amended to read:
813.215. A defendant is eligible for diversion if:
(1) The defendant had no charge of an offense of driving while
under the influence of intoxicants or its statutory counterpart
in any jurisdiction, other than the charge for the present
offense, pending on the date the defendant filed the petition for
a driving while under the influence of intoxicants diversion
agreement;
(2) The defendant has not been convicted of an offense
described in subsection (1) of this section within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement;
(3) The defendant was not participating in a driving while
under the influence of intoxicants diversion program or in any
similar alcohol or drug rehabilitation program, other than a
program entered into as a result of the charge for the present
offense, in this state or in any other jurisdiction on the date
the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement;
(4) The defendant did not participate in a diversion or
rehabilitation program described in subsection (3) of this
section, other than a program entered into as a result of the
charge for the present offense, within the period beginning 10
years before the date of the commission of the present offense
and ending on the date the defendant filed the petition for a
Enrolled House Bill 2107 (HB 2107-A) Page 29
driving while under the influence of intoxicants diversion
agreement;
(5) The defendant had no charge of an offense of murder,
manslaughter, criminally negligent homicide or assault that
resulted from the operation of a motor vehicle pending in this
state or in any other jurisdiction on the date the defendant
filed the petition for a driving while under the influence of
intoxicants diversion agreement;
(6) The defendant has not been convicted of an offense
described in subsection (5) of this section within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement; { - and - }
{ + (7) The defendant did not have a commercial driver
license at the time of the offense;
(8) The defendant was not operating a commercial motor vehicle
at the time of the offense; and + }
{ - (7) - } { + (9) + } The present driving while under the
influence of intoxicants offense did not involve an accident
resulting in:
(a) Death of any person other than the defendant; or
(b) Physical injury as defined in ORS 161.015 to any person
other than the defendant.
SECTION 30. ORS 153.090 is amended to read:
153.090. (1) Judgments entered under this chapter may include:
(a) Imposition of a sentence to pay a fine;
(b) Costs, assessments and restitution authorized by law;
(c) A requirement that the fine, costs, assessments and
restitution, if any, be paid out of any base fine;
(d) Remission of any balance of a base fine to the defendant or
to any other person designated by the defendant; and
(e) Any other provision authorized by law.
(2) Notwithstanding ORS 137.106, if the court orders
restitution in a default judgment entered under ORS 153.102, a
defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a
hearing to determine whether the defendant is unable to pay or to
establish a payment schedule by filing a written request with the
court within one year after the entry of the judgment. The court
shall set a hearing on the issue of the defendant's ability to
pay upon receipt of the request and shall give notice to the
district attorney. The district attorney shall give notice to the
victim of the date, time and place of the hearing. The court may
determine a payment schedule for monetary sanctions imposed,
including restitution ordered under this subsection, if the
defendant establishes at the hearing that the defendant is unable
to pay the ordered restitution in full.
(3) If a trial is held in a violation proceeding, or a default
judgment is entered against the defendant under ORS 153.102, the
court may impose any fine within the statutory limits for the
violation. If a defendant pleads no contest under ORS 153.061
(2)(b), or pleads guilty under ORS 153.061 (2)(c), and the court
accepts the plea and enters judgment against the defendant, the
amount of the fine imposed against the defendant by the court may
not exceed the amount of the base fine established for the
violation under ORS 153.125 to 153.145.
(4) A judge may suspend operation of any part of a judgment
entered under this chapter upon condition that the defendant pay
the nonsuspended portion of a fine within a specified period of
Enrolled House Bill 2107 (HB 2107-A) Page 30
time. If the defendant fails to pay the nonsuspended portion of
the fine within the specified period of time, the suspended
portion of the judgment becomes operative without further
proceedings by the court and the suspended portion of the fine
becomes immediately due and payable.
(5) The court may not recommend a suspension of the defendant's
driving privileges unless a trial has been required. The failure
of the defendant to appear at the trial does not prevent the
court from recommending suspension of the defendant's driving
privileges.
(6) Entry of a default judgment under ORS 153.102 does not
preclude the arrest and prosecution of the defendant for the
crime of failure to appear in a violation proceeding under ORS
153.992.
{ + (7) If a person holds a commercial driver license, a
court may not defer entry of a judgment or allow an individual to
enter into a diversion program that would prevent a conviction
for a traffic offense from appearing on the driving record of the
holder. This subsection applies to all traffic offenses, whether
committed while driving a motor vehicle or a commercial motor
vehicle, but does not apply to parking violations. + }
{ +
HAZARDOUS MATERIALS ENDORSEMENT + }
SECTION 31. ORS 801.303 is amended to read:
801.303. 'Hazardous materials' has the meaning given
{ - for - } that term in { - section 103 of the Hazardous
Materials Transportation Act, 49 App. U.S.C. 1801 et seq. - }
{ + 49 C.F.R. 383.5, as in effect on the effective date of this
2005 Act. + }
SECTION 32. { + Section 33 of this 2005 Act is added to and
made a part of the Oregon Vehicle Code. + }
SECTION 33. { + (1) Notwithstanding ORS 807.170, the
Department of Transportation may not issue or renew a commercial
driver license with a hazardous materials endorsement and may
cancel a commercial driver license with a hazardous materials
endorsement if a person:
(a) Does not complete and pass a security threat assessment
from the federal Transportation Security Administration,
including receipt by the department of a notice from the federal
Transportation Security Administration showing that the person
does not pose a security threat. The department shall establish
by rule the process and frequency for obtaining a security threat
assessment.
(b) Is assessed as a security threat by the federal
Transportation Security Administration. The assessment must be
received by the department in the form of a notice from the
federal Transportation Security Administration.
(2) A person is entitled to administrative review under ORS
809.440 when the department does not issue or renew a commercial
driver license with a hazardous materials endorsement under this
section or cancels a commercial driver license with a hazardous
materials endorsement under this section.
(3) To the extent possible, rules promulgated by the department
under this section should be uniform with any applicable federal
regulations related to the holding of a commercial driver license
with a hazardous materials endorsement. + }
SECTION 34. { + Section 33 of this 2005 Act applies to
commercial driver licenses with hazardous materials endorsements
Enrolled House Bill 2107 (HB 2107-A) Page 31
that are issued or renewed on or after the effective date of this
2005 Act. + }
SECTION 35. 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. { + The
Enrolled House Bill 2107 (HB 2107-A) Page 32
holder of the permit may not operate any motor vehicle
transporting hazardous materials. + }
(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) 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) In addition to any other requirements under this section,
the holder of a permit issued under subsection (8) 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 36. 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.
Enrolled House Bill 2107 (HB 2107-A) Page 33
(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. { + The
holder of the permit may not operate any motor vehicle
transporting hazardous materials. + }
(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.
{ +
MISCELLANEOUS PROVISIONS + }
SECTION 37. { + The unit captions used in this 2005 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2005 Act. + }
SECTION 38. { + Section 13 of this 2005 Act and the amendments
to ORS 153.090, 801.303, 801.477, 807.040, 807.045, 809.400,
809.413, 809.460, 810.375, 811.182, 813.130, 813.215, 813.404 and
813.410 by sections 15 to 20, 22, 24, 25 and 27 to 31 of this
2005 Act become operative September 30, 2005. + }
SECTION 39. { + 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. + }
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Enrolled House Bill 2107 (HB 2107-A) Page 34
Passed by House June 30, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 14, 2005
...........................................................
President of Senate
Enrolled House Bill 2107 (HB 2107-A) Page 35
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 2107 (HB 2107-A) Page 36