73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1052
 
                         House Bill 2586
 
Sponsored by Representative FLORES; Representatives BARKER,
  MACPHERSON (at the request of BikePac of Oregon)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Imposes additional fines and suspension periods for person who
commits certain right-of-way offenses in vehicle.
 
                        A BILL FOR AN ACT
Relating to increased penalties for right-of-way offenses;
  creating new provisions; and amending ORS 809.280.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2005 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) As used in this section, 'right-of-way
offense' means any of the following:
  (a) ORS 811.265, driver failure to obey traffic control device
if the appropriate driver response to a specific traffic control
device under ORS 811.260 is to yield the right of way to another
vehicle.
  (b) ORS 811.275, failure to yield the right of way at an
uncontrolled intersection.
  (c) ORS 811.277, failure to yield the right of way at an
uncontrolled T intersection.
  (d) ORS 811.280, failure of a driver entering a roadway to
yield the right of way.
  (e) ORS 811.285, failure of a merging driver to yield the right
of way.
  (f) ORS 811.292, failure to yield the right of way within a
roundabout.
  (g) ORS 811.295, failure to drive on the right if the person
did not yield the right of way to all vehicles traveling in the
proper direction upon an unobstructed portion of the roadway.
  (h) ORS 811.310, crossing the center line on a two-way,
four-lane road if the person did not yield the right of way to
all vehicles traveling in the proper direction upon an
unobstructed portion of the roadway.
  (i) ORS 811.350, making a dangerous left turn.
  (j) ORS 811.360, improper turn at a stop light if the person
failed to yield the right of way to traffic lawfully within the
intersection or approaching so close as to constitute an
immediate hazard.
  (k) ORS 811.420, passing in a no passing zone if the person did
not yield the right of way to all vehicles traveling in the
proper direction upon an unobstructed portion of the roadway.
  (2) In addition to any other punishment that may be imposed, a
court shall impose a fine and suspension for a person convicted
of a right-of-way offense as follows:
  (a) If a person other than the person who committed the offense
was injured as the result of the commission of the offense:
  (A) A minimum fine of $200; and
  (B) A suspension for not less than 30 days of any driving
privileges required to operate the vehicle that was used at the
time of the commission of the offense.
  (b) If a person other than the person who committed the offense
received a serious physical injury, as defined in ORS 161.015, as
the result of the commission of the offense:
  (A) A minimum fine of $500; and
  (B) A suspension for not less than three months of any driving
privileges required to operate the vehicle that was used at the
time of the commission of the offense.
  (c) If a person other than the person who committed the offense
was killed as the result of the commission of the offense:
  (A) A minimum fine of $1,000; and
  (B) A suspension for not less than six months of any driving
privileges required to operate the vehicle that was used at the
time of the commission of the offense.
  (3) When a court imposes a suspension under subsection (2) of
this section, the court shall prepare and send to the Department
of Transportation an order of suspension of driving privileges of
the person. Upon receipt of an order under this subsection, the
department shall take action as directed under ORS 809.280. + }
  SECTION 3. ORS 809.280 is amended to read:
  809.280. (1) This section establishes the procedures the
Department of Transportation shall follow when a court orders or
recommends the suspension or revocation of driving privileges.
This section also establishes the period of time the revocation
or suspension will be effective.
  (2) When a court orders a suspension of driving privileges
under ORS 809.270, the department shall immediately make proper
entry in its files and records and take other action as necessary
to implement the order. The suspension shall remain in force
until the department is notified by the court that the suspension
is ended, except that, if the department is ordered to
automatically restore the driving privileges upon the successful
completion of a program, the department shall do so and shall
notify the judge that the person has complied with the order of
the judge.
  (3) When a court recommends a suspension of driving privileges
under ORS 809.120, the department shall impose the suspension as
recommended by the court.
  (4) When a court notifies the department under ORS 809.130 of
an unsettled judgment, the department shall suspend and, subject
to any other requirements of law, restore the driving privileges
upon appropriate notification from the court under ORS 809.130,
except that the department shall only impose the suspension after
the department has determined that:
  (a) The judgment was rendered against the person;
  (b) The judgment has remained unsettled as described in ORS
809.470 for 60 days; and
  (c) The judgment continues to be unsettled as described in ORS
809.470.
  (5) When a court notifies the department under ORS 419C.472 or
809.220 to suspend for failure to appear, the department shall
suspend the driving privileges of the person for an indefinite
period. The department shall terminate the suspension upon
notification by the court or upon the elapse of five years from
the date of suspension. A suspension under this subsection shall
be placed on the defendant's driving record. The department shall
not suspend any driving privileges under this subsection for a
 
person's failure to appear on a parking, pedestrian or bicyclist
offense.
  (6) When a court sends the department a license or otherwise
notifies the department under ORS 810.310, the department shall
suspend the driving privileges of the person for an indefinite
period. The department shall terminate the suspension ordered
under this section upon notification by the court or upon the
lapse of five years from the date of suspension, whichever comes
first.
  (7) In addition to any other authority to suspend driving
privileges under the vehicle code, the department shall suspend
all driving privileges of any person upon receipt of an order of
denial of driving privileges under ORS 809.260. The suspension
shall be imposed without hearing. The driving privileges of the
person shall be suspended as provided in the following:
  (a) Upon receipt of the first order denying driving privileges,
the department shall impose a suspension for one year, or until
the person so suspended reaches 17 years of age, whichever is
longer.
  (b) Upon receipt of a second or subsequent order denying
driving privileges, the department shall suspend for one year or
until the person reaches 18 years of age, whichever is longer.
  (8) If the department receives notice from a court that it has
withdrawn an order issued under ORS 809.260, the department shall
immediately reinstate any driving privileges that have been
suspended under subsection (7) of this section because of the
issuance of the order.
  (9) When a court orders suspension of driving privileges under
ORS 165.805 or 471.430, the department shall impose the
suspension as ordered by the court.
  (10) When a court orders a suspension of driving privileges
under ORS 809.265, the department shall immediately suspend all
driving privileges of the person. Upon receipt of an order
suspending driving privileges, the department shall impose a
suspension for six months.
  (11) When a court orders revocation of driving privileges as
provided in ORS 809.235, the department shall impose the
revocation as ordered. The revocation shall remain in effect
until the department is notified by a court that the person's
driving privileges have been ordered restored.
   { +  (12) When a court orders suspension of driving privileges
under section 2 of this 2005 Act, the department shall impose the
suspension as ordered by the court. + }
  SECTION 4.  { + Section 2 of this 2005 Act and the amendments
to ORS 809.280 by section 3 of this 2005 Act apply to offenses
committed on or after the effective date of this 2005 Act. + }
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