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 3597
House Bill 3473
Sponsored by Representative GILMAN
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.
Requires person applying for driving privileges to present
verified Social Security number or verified identifying number
issued by United States Department of Homeland Security
indicating that person is legally present in United States.
Establishes driving privilege card for persons not able to
present verified Social Security number or verified identifying
number issued by United States Department of Homeland Security
indicating that person is legally present in United States.
Provides that driving privilege card grants same driving
privileges as driver license but cannot be used for
identification purposes.
A BILL FOR AN ACT
Relating to documents issued by the Department of Transportation;
creating new provisions; and amending ORS 25.780, 25.785,
25.990, 283.305, 801.255, 801.261, 802.170, 802.175, 802.200,
802.210, 802.220, 802.230, 807.010, 807.050, 807.060, 807.130,
807.140, 807.150, 807.400, 807.500, 807.520, 807.530, 807.560,
807.570, 807.580, 807.590, 807.600, 809.310, 811.604, 811.605
and 811.606 and section 19, chapter 666, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 807.050 is amended to read:
807.050. An application for a license shall be in a form
approved by the { - Oregon - } Department of Transportation.
An application must contain all the following:
(1) The applicant's true name, { + Social Security number or
other identifying information as provided in paragraph (b) of
this subsection, + } age, sex, residence address, except as
otherwise provided for officers or eligible employees in ORS
802.250, and post-office address other than general delivery.
{ + For purposes of this subsection, + } the department { + :
(a) + } May provide by rule for acceptance of something other
than an actual residence or post-office address if the department
determines that the applicant does not have an actual address.
{ + (b) May accept in lieu of a Social Security number any
other identifying number provided by the United States Department
of Homeland Security to a person legally present in the United
States in accordance with federal immigration laws.
(c) May accept in lieu of a Social Security number and in
addition to an identifying number provided under paragraph (b) of
this subsection, any other number or identifying information
determined appropriate by the Secretary of the United States
Department of Transportation if the application is for a
commercial driver license.
(d) + } { - The department - } Shall require proof to verify
the address in addition to anything else the Department { + of
Transportation + } may require of the applicant.
{ + (e) Shall verify a Social Security number with the United
States Social Security Administration or shall verify a number
provided under paragraph (b) of this subsection with the United
States Department of Homeland Security before issuing a driver
license. + }
(2) Whether or not the applicant has ever been issued any
driver license or driver permit. If the applicant has been issued
any license or driver permit:
(a) When the license or driver permit was granted;
(b) What jurisdiction granted the license or driver permit;
(c) Whether or not the driving privileges under the license or
driver permit are currently suspended or revoked; and
(d) If the driving privileges are revoked or suspended, the
date and reason for the suspension or revocation.
(3) The class of license sought.
{ - (4) The Social Security number of the applicant or other
number or identifying information determined appropriate by the
Secretary of the United States Department of Transportation, if
the application is for a commercial driver license or if the
Oregon Department of Transportation by rule requires the Social
Security number on the application. - }
{ - (5) - } { + (4) + } Any other information the
Department { + of Transportation + } deems necessary to assist
the department in determining whether the applicant is qualified
or eligible to be licensed.
SECTION 2. ORS 807.060 is amended to read:
807.060. The Department of Transportation shall not grant
driving privileges to a person under a license if the person is
not eligible under this section. The following are not eligible
for a license:
(1) A person under 16 years of age.
(2)(a) A person under 18 years of age who is not an emancipated
minor unless the application of the person is signed by the
person's mother, father or guardian or, if the person has no
father, mother or guardian, by the person's employer. A person
who signs an application under this paragraph may have the
driving privileges canceled as provided under ORS 809.320.
(b) A person under 18 years of age who does not meet the
requirements of ORS 807.065.
(3) Notwithstanding subsection (2) of this section, a person
under 18 years of age is not eligible for a commercial driver
license.
(4) A person that the department determines has a problem
condition involving alcohol, inhalants or controlled substances
as described under ORS 813.040.
(5) A person the department reasonably believes is subject to
any condition which brings about momentary or prolonged lapses of
consciousness or control that is or may become chronic.
(6) A person the department reasonably believes has a physical
or mental disability or disease serving to prevent the person
from exercising reasonable and ordinary control over a motor
vehicle while operating it upon the highways.
(7) A person the department reasonably believes is unable to
understand highway signs that warn, regulate or direct traffic.
(8) A person who is required to make future responsibility
filings but has not made filings as required.
(9) A person who cannot be issued a license under the Driver
License Compact under ORS 802.540.
(10) A person who is not subject to the Driver License Compact
under ORS 802.540 but whose driving privileges are currently
under suspension or revocation in any other state upon grounds
which, if committed in this state, would be grounds for the
suspension or revocation of the driving privileges of the person.
(11) A person who has been declared a habitual offender under
ORS 809.640. A person declared not eligible to be licensed under
this subsection may become eligible by having eligibility
restored under ORS 809.640.
(12) A person whose driving privileges are canceled in this
state under ORS 809.310 until the person is eligible under ORS
809.310.
(13) A person while the person's driving privileges are revoked
in this state.
(14) A person during a period when the person's driving
privileges are suspended in this state.
(15) A person who holds a current out-of-state license or
driver permit or a valid Oregon license or driver permit. A
person who is not eligible under this subsection may become
eligible by surrendering the license, driver permit or
out-of-state license or driver permit to the department before
issuance of the license. Nothing in this subsection authorizes a
person to continue to operate a motor vehicle on the basis of an
out-of-state license or permit if the person is required by ORS
807.062 to obtain an Oregon license or permit.
(16) A person who has not complied with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
license.
{ + (17) A person who is unable to provide a Social Security
number that is verified with the United States Social Security
Administration or, in lieu of a Social Security number, any other
identifying number that is verified with the United States
Department of Homeland Security as being issued by the United
States Department of Homeland Security to a person legally
present in the United States in accordance with federal
immigration laws. + }
SECTION 3. ORS 807.400 is amended to read:
807.400. (1) The Department of Transportation shall issue an
identification card to any person who { + complies with the
following + }:
(a) Is domiciled in or resident of this state, as described in
ORS 807.062 { + . + } { - ; - }
(b) Does not have a current, valid driver license { + . + }
{ - ; and - }
(c) Furnishes { - such - } evidence of the person's age and
identity as the department may require.
{ + (d) Furnishes one of the following:
(A) A Social Security number that is verified with the United
States Social Security Administration; or
(B) In lieu of a Social Security number, any other identifying
number that is verified with the United States Department of
Homeland Security as being issued by the United States Department
of Homeland Security to a person legally present in the United
States in accordance with federal immigration laws. + }
(2) The Department { + of Transportation + } shall work with
other agencies and organizations to attempt to improve the
issuance system for identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of an applicant for renewal
of an identification card, in addition to anything else the
department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110.
(5) Upon order of the juvenile court, the department shall
include on the card the fact that the person issued the
identification card is an emancipated minor.
(6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in
ORS 807.130.
(7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410. In no
event shall the issuance or renewal of an identification card be
subject to any fee in addition to that set forth in ORS 807.410.
(9) An identification card becomes invalid if the holder of the
card changes residence address from that shown on the
identification card and does not provide the department with
notice of the change as required under ORS 807.420.
(10) If a person to whom an identification card was issued and
who changes residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
(a) Issue a new identification card containing the new address
but bearing the same distinguishing number as the old
identification card upon receipt of the old identification card
and payment of the fee established for issuing a new
identification card with a changed address under ORS 807.410.
(b) Note the new address on the old identification card in a
manner to be determined by the department.
(11) An identification card becomes invalid if the holder of
the card changes the person's name from that shown on the card,
including a change of name by marriage, without providing the
department with notice of the change as required under ORS
807.420. Upon receiving such notice and the old identification
card, the department shall issue a new identification card upon
payment of the fee required under ORS 807.410.
(12) In the event an identification card is lost, destroyed or
mutilated, the person to whom it was issued may obtain a
duplicate or replacement identification card from the department
upon furnishing proof satisfactory to the department of such fact
and payment of the duplicate or replacement fee under ORS
807.410.
(13) Upon cancellation of an identification card, the card is
terminated and must be surrendered to the department. An
identification card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS
809.310. The department may reissue an identification card
canceled under this subsection when the applicant has satisfied
all requirements for the identification card.
(14) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders a
license or driver permit to the department for reasons described
in this subsection. If the department issues an identification
card under this subsection, the identification card shall expire
at the same time as the surrendered driver license or driver
permit would have expired. An identification card issued under
this subsection is subject to the same requirements and fees for
renewal or upon expiration as any other identification card
issued under this section. The department may issue
identification cards under this subsection as described under any
of the following:
(a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
(b) The department may issue an identification card to a person
under this subsection when the person's driving privileges are
suspended under ORS 809.419 (1). This paragraph only applies if
the person voluntarily surrenders the person's license or driver
permit to the department as provided under ORS 809.500.
SECTION 4. { + The amendments to ORS 807.050, 807.060 and
807.400 by sections 1 to 3 of this 2005 Act apply to driving
privileges and identification cards applied for on or after the
effective date of this 2005 Act. + }
SECTION 5. ORS 807.130 is amended to read:
807.130. (1) Except as otherwise provided in this section, a
license that is issued as an original license and not as a
license that is renewed expires on the anniversary of the
licensee's birthday in the eighth calendar year after the year of
issuance.
(2) A license that is renewed under ORS 807.150 expires eight
years from the specified expiration date of the immediately
preceding license.
{ + (3) Notwithstanding subsection (1) or (2) of this
section, a license that is issued to a person who is not a
citizen or a permanent legal resident of the United States shall
be valid only for eight years or for the length of time during
which the licensee is legally present in the United States,
whichever is sooner. The license shall expire on the date the
licensee is no longer legally present in the United States. + }
{ - (3) - } { + (4) + } A license that has expired does not
grant driving privileges and is not valid evidence of driving
privileges.
SECTION 6. { + Sections 7 to 9 of this 2005 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 7. { + (1) Prior to renewing, replacing or reinstating
any driver license, driver permit or identification card, the
Department of Transportation shall require a person to provide a
Social Security number that is verified with the United States
Social Security Administration or, in lieu of a Social Security
number, any other identifying number that is verified with the
United States Department of Homeland Security as being issued by
the United States Department of Homeland Security to a person
legally present in the United States in accordance with federal
immigration laws.
(2) Subsection (1) of this section does not apply if a person
previously provided a Social Security number or other identifying
number as provided in subsection (1) of this section and the
person is a citizen or a permanent legal resident of the United
States. + }
SECTION 8. { + (1) The Department of Transportation shall
issue a driving privilege card to a person who is unable to
provide a Social Security number that is verified with the United
States Social Security Administration or, in lieu of a Social
Security number, any other identifying number that is verified
with the United States Department of Homeland Security as being
issued by the United States Department of Homeland Security to a
person legally present in the United States in accordance with
federal immigration laws.
(2) Every original application for a driving privilege card
must:
(a) Contain the information required under ORS 807.050, except
for the information the person is unable to provide under
subsection (1) of this section; and
(b) Be signed by the person applying for the card.
(3) A holder of a driving privilege card is entitled to the
same driving privileges and subjected to the same requirements as
a holder of a driver license issued under ORS 807.040, except
that the holder may not use the card for identification purposes
other than to identify the holder as the person entitled to the
driving privileges granted by the card. A holder of a driving
privilege card may apply for the license classes, permits and
endorsements available to a holder of a driver license. The
Department of Transportation by rule may require that a person
who holds a driving privilege card and applies for a commercial
driver license, an endorsement or a permit provide additional
documentation to prove the identity of the person.
(4) Every driving privilege card shall:
(a) Be produced with the same security procedures, processes,
materials and features required for a license under ORS 807.110.
(b) Contain the information described in ORS 807.110, except
that a person may not indicate whether the person is an
anatomical donor and the driving privilege card shall clearly
bear a statement to the effect that the card is not valid for
identification purposes.
(5) A driving privilege card issued under this section expires
on the date of the anniversary of the holder's birthday in the
eighth calendar year after the year of issuance or on the date
that the holder is no longer legally present in the United
States, whichever is sooner.
(6) A person whose driving privilege card expires under
subsection (5) of this section may reapply for a driving
privilege card under this section.
(7) The fee for a driving privilege card shall be the fee
established under ORS 807.370 for a license that grants the same
type of driving privileges granted by the card, and no additional
fee may be imposed for the issuance of a driving privilege card.
(8) A driving privilege card becomes invalid if the
cardholder's status of being legally present in the United States
is terminated or revoked.
(9) In the event a driving privilege card is lost, destroyed or
mutilated, the person to whom the card was issued may apply for
another card under this section upon furnishing proof
satisfactory to the department of the loss, destruction or
mutilation and payment of the issuance fee under ORS 807.370 for
a license that grants the same type of driving privileges granted
by the driving privilege card. A driving privilege card issued
under this subsection shall be valid until the same date that the
lost, destroyed or mutilated card would have been valid.
(10) Upon cancellation of a driving privilege card, the card is
terminated and must be surrendered to the department. A driving
privilege card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS
809.310. A person may reapply for a driving privilege card after
cancellation under this subsection.
(11) A person who holds a driving privilege card because the
person did not qualify for a driver license under ORS 807.060
(17) may surrender the driving privilege card and apply for a
driver license if the person is able to provide a Social Security
number that is verified with the United States Social Security
Administration or, in lieu of a Social Security number, any other
identifying number that is verified with the United States
Department of Homeland Security as being issued by the United
States Department of Homeland Security to a person legally
present in the United States in accordance with federal
immigration laws. + }
SECTION 9. { + ' Driving privilege card' means a card
granting driving privileges that is issued under section 8 of
this 2005 Act. The term 'driving privilege card' may be used
interchangeably with 'driver license' or 'license' when referring
to a document issued by this state as evidence of a grant of
driving privileges. + }
SECTION 10. ORS 25.780 is amended to read:
25.780. In addition to any other grounds for suspension
provided by law:
(1) The Oregon Liquor Control Commission and any entity that
issues licenses, certificates, permits or registrations that a
person is required by state law to possess to engage in an
occupation, profession or recreational hunting or fishing or to
use a particular occupational or professional title shall suspend
without further hearing the licenses, certificates, permits or
registrations of a person upon certification by the administrator
that the person is subject to an order suspending the license,
certificate, permit or registration. The certification must
include the information specified in ORS 25.750 (1).
(2) The Department of Transportation shall suspend without
further hearing the driver license { + , driving privilege
card + } or driver permit of a person upon certification by the
administrator that the person is subject to an order suspending
the license { + , driving privilege card + } or permit. The
certification must include the information specified in ORS
25.750 (1).
SECTION 11. ORS 25.785 is amended to read:
25.785. (1) Any state agency, board or commission that is
authorized to issue an occupational, professional, recreational
or driver license, { + driving privilege card, + }
certification, permit or registration subject to suspension under
ORS 25.750 to 25.783 shall require that an individual's Social
Security number be recorded on an application for, or form for
renewal of, a license, { + driving privilege card, + }
certification, permit or registration and to the maximum extent
feasible shall include the Social Security number in automated
databases containing information about the individual.
(2) { + Except as provided in subsection (3) of this
section, + } a state agency, board or commission described in
subsection (1) of this section may accept a written statement
from an individual who has not been issued a Social Security
number by the United States Social Security Administration to
fulfill the requirement in subsection (1) of this section.
{ + (3) An individual who has not been issued a Social
Security number by the United States Social Security
Administration may provide a written statement to the Department
of Transportation to fulfill the requirement in subsection (1) of
this section only if the individual is applying for or renewing a
driving privilege card. If the individual is applying for or
renewing a driver license, the individual must provide the
identifying number described in ORS 807.050 (1)(b). + }
{ - (3) - } { + (4) + } An individual may not submit to a
state agency, board or commission a written statement described
in subsection (2) of this section knowing the statement to be
false.
SECTION 12. ORS 25.990 is amended to read:
25.990. (1) Violation of ORS 25.720 (3) is a Class A violation.
(2) Violation of ORS 25.260 is punishable, upon conviction, by
a fine of not more than $1,000 or by imprisonment in the county
jail for not more than 60 days, or by both.
(3) Violation of ORS 25.785 { - (3) - } { + (4) + } is a
Class A misdemeanor.
SECTION 13. ORS 283.305 is amended to read:
283.305. As used in ORS 283.305 to 283.350:
(1) 'Authorized driver' means any of the following who has a
valid driver license { + or driving privilege card + } and an
acceptable driving record:
(a) A salaried state employee, including an agent of the state;
(b) A volunteer, appointed in writing, whose written
description of duties includes driving motor vehicles;
(c) An agency client required to drive motor vehicles as part
of a rehabilitation or treatment program authorized by law;
(d) Any personnel of any unit of government whose use of motor
vehicles is permitted by an authorized intergovernmental
agreement;
(e) Any student enrolled at any state institution of higher
education and whose use of motor vehicles meets the requirements
of ORS 283.310; and
(f) An inmate of a correctional institution with specific
Department of Corrections approval who is accompanied by a
supervising correctional institution employee or who is
performing a specific work assignment driving a special purpose
vehicle required for that assignment and within the visual range
of a supervising correctional institution employee who is at the
work assignment site or who is part of the transport caravan.
(2) 'Alternative fuel' means natural gas, liquified petroleum
gas, methanol, ethanol, any fuel mixture containing at least 85
percent methanol or ethanol and electricity.
(3) 'Motor vehicles' includes state-owned, leased or otherwise
controlled motor vehicles and the supplies, parts and equipment
for the operation, maintenance or repair of such motor vehicles.
(4) 'Official state business' means activity conducted by a
state agency that advances the lawful policies of the agency as
specified by the Oregon Department of Administrative Services by
rule.
(5) 'Standard passenger vehicle' means a motor vehicle that is
commonly known as a sedan or a station wagon and that is not
equipped with special or unusual equipment.
(6) 'State agency' or 'agency' includes the Legislative
Assembly, at its option, or any of its statutory, standing,
special or interim committees, at the option of such committee.
SECTION 14. ORS 801.255 is amended to read:
801.255. 'Driving privilege' means the grant of authority by a
jurisdiction to a person that allows that person to drive a
vehicle on highways within that jurisdiction. Driving privileges
grant authority to a person not to a vehicle. The driving
privilege includes any such grant of authority whether or not
documents are issued as evidence of the authority. In this state,
driving privileges may be granted under:
(1) A license as defined under ORS 801.207 and 801.245.
{ + (2) A driving privilege card as described in section 8 of
this 2005 Act. + }
{ - (2) - } { + (3) + } Driver permits as described in ORS
801.250.
{ - (3) - } { + (4) + } The driving privileges established
under ORS 807.020.
{ - (4) - } { + (5) + } Any endorsement of a license or
driver permit or limitations on a license or driver permit that
allows a person to operate a motor vehicle.
SECTION 15. ORS 801.261 is amended to read:
801.261. 'Endorsement,' when used in relation to driving
privileges, means a grant of driving privileges, or the evidence
thereof, to a person who holds a license, { + a driving
privilege card + } or { + , + } in some instances { + , + } a
driver permit, allowing the person to exercise driving privileges
that are not granted by the license { + , driving privilege
card + } or driver permit. The types of endorsements granted by
this state and the driving privileges granted under each type of
endorsement are established by ORS 807.035.
SECTION 16. ORS 802.170 is amended to read:
802.170. If any person pays the Department of Transportation
any fee or tax with a bank check and the check is returned to the
department as uncollectible, or if a person pays the department
with a credit or debit card and for any reason the department
does not get payment from the issuer of the card, the department
may charge the person the fee for dishonored checks or other
orders for the payment of money under ORS 30.701 (5). If the
person does not pay the fee charged under this section, the
department may do all of the following:
(1) Suspend or cancel, or refuse to issue or renew, any vehicle
registration or title, vehicle permit, driver license { + ,
driving privilege card + } or driver permit in payment of which
the check or other order for the payment of money was presented.
(2) Authorize any department employee or police officer to
seize and recover any evidence of the registration, title,
license { + , driving privilege card + } or permit suspended or
canceled.
(3) If evidence of the suspended or canceled registration,
title, license { + , driving privilege card + } or permit is not
recovered, refuse to conduct any further transactions with the
person until the fee charged under this section is paid.
SECTION 17. ORS 802.175 is amended to read:
802.175. As used in ORS 802.175 to 802.191:
(1) 'Motor vehicle record' means any record that pertains to a
grant of driving privileges, an identification card issued by the
Department of Transportation, a vehicle title or a vehicle
registration. 'Motor vehicle record' does not mean a record
pertaining to a manufactured structure.
(2) 'Person' means an individual, an organization or an entity,
but does not include the State of Oregon or any agency thereof.
(3) 'Personal information' means the following information that
identifies an individual:
(a) Driver license, { + driving privilege card, + } driver
permit or identification card number;
(b) Name;
(c) Address (excluding five-digit zip code); and
(d) Telephone number.
SECTION 18. ORS 802.175, as amended by section 96, chapter 655,
Oregon Laws 2003, is amended to read:
802.175. As used in ORS 802.175 to 802.191:
(1) 'Motor vehicle record' means any record that pertains to a
grant of driving privileges, an identification card issued by the
Department of Transportation, a vehicle title or a vehicle
registration.
(2) 'Person' means an individual, an organization or an entity,
but does not include the State of Oregon or any agency thereof.
(3) 'Personal information' means the following information that
identifies an individual:
(a) Driver license, { + driving privilege card, + } driver
permit or identification card number;
(b) Name;
(c) Address (excluding five-digit zip code); and
(d) Telephone number.
SECTION 19. ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain records on each manufactured
structure. The records required under this subsection shall
contain all of the following:
(a) The permanent registration plate number required under ORS
803.520.
(b) All transfers of ownership occurring after January 1, 1972.
(c) All movements indicated by trip permits filed with the
department.
(d) Information on manufactured structures subject to an
exemption under ORS 820.510 that the department determines
necessary.
(7) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(8) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
(9) The department shall maintain suitable records of driver
licenses { + , driving privilege cards + } and driver permits.
The records required under this subsection shall include all of
the following:
(a) An index by name { + , + } { - and - } { + by license
or permit + } number { + and by Social Security number or other
number or identifying information as provided under ORS
807.050 + }.
(b) Supporting documentation of all licenses { + , driving
privilege cards + } or driver permits issued.
(c) Every application for a driver license { + , driving
privilege card + } or driver permit.
(d) All licenses { + , driving privilege cards + } or driver
permits that have been suspended or revoked.
{ - (e) For each commercial driver license, the Social
Security number of the person to whom the license is issued, or
any other number or identifying information that the Secretary of
the United States Department of Transportation determines
appropriate to identify the person. - }
(10) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment
driving record for each person as required under this subsection.
All of the following apply to the records required under this
subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, { + driving privilege card, + } driver permit or
a statutory grant of driving privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents in which
the person is involved, all suspensions of driving privileges
required to be placed on the record under ORS 809.280, all
suspensions of the person's commercial driver license that result
from operation or use of a commercial motor vehicle and all
convictions of the person for violation of motor vehicle laws
except convictions for offenses requiring mandatory revocation or
suspension of driving privileges under ORS 809.409, 809.411,
809.413 and 813.400, but shall include only such accidents,
suspensions and convictions that occur while the person is
driving a motor vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents;
(B) Suspensions, cancellations and revocations of licenses,
{ + driving privilege cards, + } permits and driving
privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license { + , driving privilege card + } or permit issued
by this state, the department shall request a copy of the
person's driving record from the other jurisdiction. At the time
the person is issued a license in Oregon, the record from the
other jurisdiction shall become part of the driver's record in
this state with the same force and effect as though entered on
the driver's record in this state in the original instance. The
department by rule may specify methods for converting entries
from out-of-state records for use in Oregon.
(f) When a suspension of a driver permit, driver license { + ,
driving privilege card + } or other driving privilege is placed
on the driving record under ORS 809.280 for failure to appear in
court on a traffic crime, the department shall note on the record
that the suspension was for failure to appear in court and shall
also note the offense charged against the person on which the
person failed to appear.
(g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
(11) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
(12) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(13) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(14) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
SECTION 20. ORS 802.200, as amended by section 97, chapter 655,
Oregon Laws 2003, is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver
licenses { + , driving privilege cards + } and driver permits.
The records required under this subsection shall include all of
the following:
(a) An index by name { + , + } { - and - } { + by license
or permit + } number { + and by Social Security number or other
number or identifying information as provided under ORS
807.050 + }.
(b) Supporting documentation of all licenses { + , driving
privilege cards + } or driver permits issued.
(c) Every application for a driver license { + , driving
privilege card + } or driver permit.
(d) All licenses { + , driving privilege cards + } or driver
permits that have been suspended or revoked.
{ - (e) For each commercial driver license, the Social
Security number of the person to whom the license is issued, or
any other number or identifying information that the Secretary of
the United States Department of Transportation determines
appropriate to identify the person. - }
(9) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment
driving record for each person as required under this subsection.
All of the following apply to the records required under this
subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, { + driving privilege card, + } driver permit or
a statutory grant of driving privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents in which
the person is involved, all suspensions of driving privileges
required to be placed on the record under ORS 809.280, all
suspensions of the person's commercial driver license that result
from operation or use of a commercial motor vehicle and all
convictions of the person for violation of motor vehicle laws
except convictions for offenses requiring mandatory revocation or
suspension of driving privileges under ORS 809.409, 809.411,
809.413 and 813.400, but shall include only such accidents,
suspensions and convictions that occur while the person is
driving a motor vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents;
(B) Suspensions, cancellations and revocations of licenses,
{ + driving privilege cards, + } permits and driving
privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license { + , driving privilege card + } or permit issued
by this state, the department shall request a copy of the
person's driving record from the other jurisdiction. At the time
the person is issued a license in Oregon, the record from the
other jurisdiction shall become part of the driver's record in
this state with the same force and effect as though entered on
the driver's record in this state in the original instance. The
department by rule may specify methods for converting entries
from out-of-state records for use in Oregon.
(f) When a suspension of a driver permit, driver license { + ,
driving privilege card + } or other driving privilege is placed
on the driving record under ORS 809.280 for failure to appear in
court on a traffic crime, the department shall note on the record
that the suspension was for failure to appear in court and shall
also note the offense charged against the person on which the
person failed to appear.
(g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
(10) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
(11) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(12) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(13) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
SECTION 21. ORS 802.210 is amended to read:
802.210. The Department of Transportation is not required to
maintain records on any of the following:
(1) The preparation and mailing of notices required on
approaching expiration of registration under ORS 803.450.
(2) The preparation and mailing of notices required on
approaching expiration of driver license { + , driving privilege
card + } or driver permit under ORS 807.140.
SECTION 22. ORS 802.220 is amended to read:
802.220. (1) Except as otherwise provided in this subsection
and ORS 802.177, the records the Department of Transportation
maintains under ORS 802.200 on vehicles are public records. The
records of vehicles registered under ORS 805.060 are not public
records and are exempt from public inspection as provided under
ORS 181.548 and are for the confidential use of criminal justice
agencies described under ORS 181.010. The department may charge
the fee established under ORS 802.230 for furnishing information
under this section concerning a vehicle or its owner.
(2) The department may charge the fee established under ORS
802.230 for furnishing to the public information from the records
the department maintains under ORS 802.200 concerning driver
licenses { + , driving privilege cards + } or driver permits.
(3) The records the department keeps under ORS 802.200 on
judgments or convictions under ORS 810.375 shall be open to the
inspection of any person during reasonable business hours.
Nothing in this subsection authorizes the release of personal
information as defined in ORS 802.175.
(4) The department shall upon request furnish any person
certified abstracts of the employment driving record and the
nonemployment driving record of any person whose driving records
are maintained under ORS 802.200. If an abstract of the
employment driving record is not specifically requested, the
department shall only furnish an abstract of the nonemployment
driving record. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175. The
department shall collect the fee established for abstracts of
driving records under ORS 802.230. A certified abstract issued
under this section shall not contain any of the following, unless
the abstract is being requested under ORS 746.265 (3):
(a) Any accident or conviction for violation of motor vehicles
laws that occurred more than three years immediately preceding a
request for abstract.
(b) Any suspension ordered under ORS 809.220 after the
department has received notice to terminate the suspension under
ORS 809.220.
(c) Any diversion agreement under ORS 813.220 entered into more
than three years immediately preceding a request for the
abstract.
(5) Except as otherwise provided in this subsection, accident
reports filed with the department under ORS 811.725, 811.730 or
811.735 shall be without prejudice to the individual filing the
report and shall be for the confidential use of state
administrative and enforcement agencies. The department may use
the confidential accident reports to provide the following
information to the persons described:
(a) Upon request, the department shall disclose the following
information to any party involved in the accident or to their
personal representative or any member of the family of a party
involved in the accident:
(A) The identity of the owner, driver, occupants and the
registration number of a vehicle involved in the accident;
(B) The names of any companies insuring the owner or driver of
a vehicle involved in the accident; and
(C) The names of any witnesses to the accident.
(b) The department shall furnish a certificate showing that a
specified accident report has or has not been made to the
department upon demand of any person who has or claims to have
made such a report or upon demand of a court.
(6) The department shall tabulate and may analyze all accident
reports to develop statistical information based thereon as to
the number and circumstances of traffic accidents. The department
shall publish information compiled under this section in the
manner provided under ORS 802.050.
(7) Except as otherwise provided in this subsection, the
records the department is required under ORS 802.200 to maintain
on trip permits issued under ORS 803.600 are public records. The
department may charge a fee established under ORS 802.230 for
furnishing information from the records on trip permits. Nothing
in this subsection authorizes the release of personal information
as defined in ORS 802.175.
(8) The records the department maintains under ORS 802.200
concerning odometer readings for vehicles are public records. The
department may separately furnish information concerning odometer
readings shown by its records. The department may charge the fee
established under ORS 802.230 for information separately provided
under this subsection. Nothing in this subsection authorizes the
release of personal information as defined in ORS 802.175.
SECTION 23. ORS 802.230 is amended to read:
802.230. (1) The fee for furnishing information concerning
vehicle registration records under ORS 802.220 is a reasonable
fee established by the Department of Transportation.
(2) The fee for furnishing information concerning driver
licenses { + , driving privilege cards + } or driver permits
under ORS 802.220 is a reasonable fee established by the
department.
(3) The fee for an abstract of driving record under ORS 802.220
is a reasonable fee established by the department.
(4) The fee for furnishing information concerning trip permit
records under ORS 802.220 is a reasonable fee established by the
department.
(5) The fee for separate records on vehicle odometer readings
under ORS 802.220 is a reasonable fee established by the
department.
SECTION 24. ORS 807.010 is amended to read:
807.010. (1) A person commits the offense of vehicle operating
without driving privileges if the person operates a motor vehicle
upon a highway or premises open to the public in this state and
the person does not have an appropriate grant of driving
privileges from this state in the form of a license, { +
driving privilege card, + } driver permit, endorsement or
statutory grant of driving privileges allowing the person to
engage in the particular type of operation.
(2) A person to whom a license { + , driving privilege card + }
or driver permit is issued commits the offense of violating
license restrictions if the person operates a motor vehicle in
any manner that violates restrictions that are placed upon the
person's driving privileges by the Department of Transportation
under ORS 807.120 or 807.122, by a court under ORS 809.210 or
809.270, or by the vehicle code.
(3) Nothing in this section is applicable to a person who is
driving while suspended or revoked in violation of ORS 811.175 or
811.182. Persons who violate ORS 811.175 or 811.182 are subject
to the provisions and penalties provided therein and are not
subject to the penalties and provisions of this section.
(4) The offense described in subsection (1) of this section,
vehicle operating without driving privileges, is a Class B
traffic violation.
(5) The offense described in subsection (2) of this section,
operating in violation of license restrictions, is a Class B
traffic violation.
SECTION 25. ORS 807.140 is amended to read:
807.140. (1) Before the expiration of any license { + or
driving privilege card + } or a license { + or driving privilege
card + }with an endorsement under the vehicle code, the
Department of Transportation shall notify the person to whom the
license { + or card + } was issued of the approaching
expiration. Within a reasonable time prior to the expiration
date, the notice shall be mailed to the person to whom the
license { + or card + } was issued at the address shown in the
files maintained by the department.
(2) The department is not required to notify the person of an
approaching expiration if the person's license { + or driving
privilege card + } has been suspended, canceled or revoked or if
the person has failed to notify the department of a change of
address as required under ORS 807.560.
(3) Failure to receive a notice of expiration from the
department is not a defense to a charge of driving with an
expired license { + or driving privilege card + }. However, the
court may dismiss the charge if the person renews the license
{ + or card + } before the scheduled court appearance.
(4) The department responsibility to maintain records
concerning notice under this section is as provided under ORS
802.210.
SECTION 26. ORS 807.150 is amended to read:
807.150. (1) When a license { + or driving privilege card + }
expires or is about to expire, the Department of Transportation
shall renew the license { + or card + } under this section if
the holder of the license { + or card + } qualifies for renewal
of the license { + or card + } under this section and:
(a) Applies for renewal within one year of the expiration of a
similar license { + or card + } under ORS 807.130; or
(b) Applies for issuance of a license within six months after
the applicant is discharged from the Armed Forces of the United
States and was licensed by this state at the time of the
applicant's entry into the Armed Forces.
(2) To qualify for renewal of a license { + or card + } under
this section, a person must meet all of the requirements under
ORS 807.040 for the class of license { + or card + } sought to
be renewed, except that the department may waive the examination
under ORS 807.070 of a person applying for renewal of a license
{ + or card + } unless the department has reason to believe that
the applicant is not qualified to hold the license { + or
card + } or unless the applicant for renewal has not previously
been examined.
(3) To receive a renewal under this section, the
{ - license - } renewal fee and the Student Driver Training Fund
eligibility fee under ORS 807.370 must be paid.
(4) If a person who applies for a renewal under this section is
not qualified to renew the class of license { + or card + }
sought to be renewed, the department may issue the person any
lower class of license { + or card + } for which the person
qualifies in lieu of renewing the person's license { + or
card + } for the class of license { + or card + } held by the
person.
(5) A license { + or card + } that is renewed under this
section may be used on or after the date of issuance. If the
department issues a license { + or card + } renewal to a person
under this section before the expiration of the license { + or
card + } being renewed, the older license { + or card + } is
invalid. A license { + or card + } that becomes invalid under
this subsection shall be destroyed by the person to whom it was
issued.
(6) If the address of the applicant has changed since the last
time a license { + or card + } was issued to or renewed for the
applicant, the department shall require proof to verify the
address of an applicant for renewal of a license { + or card + }
in addition to anything else the department may require of the
applicant.
SECTION 27. ORS 807.500 is amended to read:
807.500. (1) A person commits the offense of unlawful
production of identification cards, { + driving privilege
cards, + } licenses, permits, forms or camera cards if the
person, without the authority of the Department of
Transportation, advertises for the production of, produces in any
way or causes to be produced any facsimiles of the identification
cards, { + driving privilege cards, + } licenses, permits, forms
or camera cards upon which the department issues identification
cards, { + driving privilege cards, + } licenses or driver
permits under the vehicle code.
(2) The offense described in this section, unlawful production
of identification cards, { + driving privilege cards, + }
licenses, permits, forms or camera cards, is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of
this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the
offense and the person produced an identification card, license
or permit solely for the purpose of enabling the person to
purchase alcohol; or
(b) Was under 18 years of age at the time of committing the
offense and the person produced an identification card, license
or permit solely for the purpose of enabling the person to
purchase tobacco products.
SECTION 28. ORS 807.520 is amended to read:
807.520. (1) A person commits the offense of false swearing to
receive a driver license { + or a driving privilege card + } if
the person makes any false affidavit or knowingly swears or
affirms falsely to any matter required to be sworn to or affirmed
in the process of applying for, receiving and holding a
license { + , card + } or driver permit under the vehicle code.
(2) The offense described in this section, false swearing to
receive a driver license { + or a driving privilege card + }, is
a Class A misdemeanor.
SECTION 29. ORS 807.530 is amended to read:
807.530. (1) A person commits the offense of providing a false
application for a license { + or a driving privilege card + } if
the person in applying for a license { + , card + } or driver
permit or for renewal or duplication thereof under the vehicle
code knowingly:
(a) Uses or gives a false or fictitious name or identity;
(b) Gives or uses a false or fictitious address;
(c) Gives or uses a false age;
(d) Makes a false statement;
(e) Conceals a material fact;
(f) Uses or attempts to use false identification documents;
(g) Allows another person to take any test related to issuance
of a license { + , card + } or permit on behalf of the applicant;
or
(h) Otherwise commits fraud in the application.
(2) The offense described in this section, providing a false
application for a license { + or a driving privilege card + },
is a Class A misdemeanor.
SECTION 30. ORS 807.560 is amended to read:
807.560. (1) A person to whom a license { + , driving privilege
card + } or driver permit is issued commits the offense of
failure to notify upon change of driver address or name if the
person does not notify the Department of Transportation in a
manner authorized by the department by rule upon any change of
the person's:
(a) Residence from that noted on the person's license { + ,
driving privilege card + } or driver permit as issued;
(b) Name from that noted on the person's license { + , driving
privilege card + } or driver permit as issued, including a change
of name by marriage; or
(c) Place of employment, if the person is an officer or
eligible employee, as defined in ORS 802.250, whose place of
employment address is noted on department records in accordance
with ORS 802.250.
(2) Notice required under this section:
(a) Must be given within 30 days of change.
(b) Must be given in person for a change of name.
(3) Failure to notify upon change of driver address or name is
a Class D traffic violation.
SECTION 31. ORS 807.570 is amended to read:
807.570. (1) A person commits the offense of failure to carry a
license { + or a driving privilege card + } or to present a
license { + or a driving privilege card + } to a police officer
if the person either:
(a) Drives any motor vehicle upon a highway in this state
without a license, { + driving privilege card, + } driver permit
or out-of-state license in the person's possession; or
(b) Does not present and deliver such license { + , card + } or
permit to a police officer when requested by the police officer
under any of the following circumstances:
(A) Upon being lawfully stopped or detained when driving a
vehicle.
(B) When the vehicle that the person was driving is involved in
an accident.
(2) This section does not apply to any person expressly
exempted under ORS 807.020 from the requirement to have a driver
license or driver permit.
(3) Except as provided in ORS 813.110, it is a defense to any
charge under this section that the person so charged produce a
license, { + driving privilege card, + } driver permit or
out-of-state license that had been issued to the person and was
valid at the time of violation of this section.
(4) A police officer may detain a person arrested or cited for
the offense described in this section only for such time as
reasonably necessary to investigate and verify the person's
identity.
(5) The offense described in this section, failure to carry a
license { + or a driving privilege card + } or to present a
license { + or a driving privilege card + } to a police officer,
is a Class C misdemeanor.
SECTION 32. ORS 807.580 is amended to read:
807.580. (1) A person commits the offense of using an invalid
license { + or driving privilege card + } if the person
knowingly displays or permits to be displayed or possesses any
license { + , driving privilege card + } or driver permit that
the person knows is fictitious, canceled, revoked, suspended or
fraudulently altered.
(2) The offense described in this section, using an invalid
license { + or driving privilege card + }, is a Class A
misdemeanor.
SECTION 33. ORS 807.590 is amended to read:
807.590. (1) A person commits the offense of permitting misuse
of a license { + or of a driving privilege card + } if the
person has been issued a license { + , card + } or driver permit
and the person knowingly lends the license { + , card + } or
driver permit to another or knowingly permits another person to
use the license { + , card + } or driver permit.
(2) The offense described in this section, permitting misuse of
a license { + or of a driving privilege card + }, is a Class A
misdemeanor.
SECTION 34. ORS 807.600 is amended to read:
807.600. (1) A person commits the offense of using another's
license { + or driving privilege card + } if the person
knowingly displays or represents as the person's license { + ,
card + } or driver permit a license { + , card + } or driver
permit that has not been issued to the person.
(2) The offense described in this section, using another's
license { + or driving privilege card + }, is a Class A
misdemeanor.
SECTION 35. ORS 809.310 is amended to read:
809.310. (1) The Department of Transportation may cancel any
driving privileges upon determining that the person is not
entitled to the driving privileges under the vehicle code. The
department may reissue driving privileges canceled under this
subsection when the applicant has satisfied all requirements for
the driving privileges sought.
(2) The department may cancel any driver license { + , driving
privilege card + } or permit that contains any error or defect or
that is found to have been issued on the basis of false
information given to the department. Cancellation under this
subsection is in addition to any suspension of driving privileges
authorized for the same conduct.
(3) The department may suspend any driving privileges or right
to apply for privileges or any identification card or right to
apply for { - a - } { + an identification + } card upon
determining that the person issued or applying for the driving
privileges or identification card has committed any of the
following acts:
(a) Failed to give the required or correct information in the
application for the driving privileges or for an identification
card, in violation of ORS 807.430 or 807.530.
(b) Committed false swearing in making application for the
driving privileges in violation of ORS 807.520.
(c) Used an invalid license { + , driving privilege card + } or
identification card in violation of ORS 807.430 or 807.580.
(d) Permitted misuse of { + a + } license, { + driving
privilege card, + } permit or identification card in violation of
ORS 807.430 or 807.590.
(e) Used the license, { + driving privilege card, + } permit
or identification card of another in violation of ORS 807.430 or
807.600.
(f) Produced identification cards, { + driving privilege
cards, + } licenses, permits, forms or camera cards in violation
of ORS 807.500.
(g) Transferred documents for the purpose of misrepresentation
in violation of ORS 807.510.
(h) Given false information to a police officer in violation of
ORS 807.620.
(4) Upon suspension or cancellation of driving privileges under
this section, a person whose privileges are suspended or canceled
shall surrender to the department any license { + , driving
privilege card + } or driver permit issued for the driving
privileges. Failure to comply with this subsection is subject to
penalty as provided under ORS 809.500.
(5) To obtain driving privileges after the period of suspension
or cancellation under this section, a person must reapply for
driving privileges in the manner established by law.
SECTION 36. ORS 811.604 is amended to read:
811.604. (1) Application for issuance of a disabled person
parking permit in the form of an individual placard or decal
issued under ORS 811.602 shall include:
(a) A certificate by a licensed physician, a certified nurse
practitioner or a licensed physician assistant to the Department
of Transportation that the applicant is a disabled person or a
certificate by a licensed optometrist that the applicant is a
disabled person because of loss of vision or substantial loss of
visual acuity or visual field beyond correction; and
(b) The number of a current, valid driver license, { + driving
privilege card, + } golf cart driver permit or identification
card issued to the applicant by the department.
(2) Application for renewal of a disabled person parking permit
shall be a signed statement from the holder of the permit saying
that the person is still qualified to hold the permit.
SECTION 37. ORS 811.605 is amended to read:
811.605. An applicant for an individual placard or decal issued
by the Department of Transportation under ORS 811.602 must have a
driver license, { + a driving privilege card, + } a disability
golf cart driver permit or an identification card issued by the
department. The placard or decal shall be valid so long as the
license, { + driving privilege card, + } permit or
identification card is valid and may be renewed when the license,
permit or card is renewed. An individual placard or decal shall
contain:
(1) The driver license, { + driving privilege card, + } golf
cart driver permit or identification card number of the person to
whom the placard is issued; and
(2) An expiration date that is visible from outside the vehicle
when the placard or decal is displayed on or in the vehicle. The
expiration date shall be the same as the expiration date of the
driver license, { + driving privilege card, + } golf cart driver
permit or identification card of the holder of the placard.
SECTION 38. ORS 811.606 is amended to read:
811.606. The Department of Transportation may issue a placard
with identifying information and showing an expiration date not
to exceed six months after the date of issuance for use by
temporarily disabled persons upon submission by the applicant of
a certificate described in ORS 811.604 except that it certifies
that the applicant is temporarily disabled for less than four
years. An applicant for a temporary permit need not have a driver
license, { + driving privilege card, + } permit or
identification card.
SECTION 39. Section 19, chapter 666, Oregon Laws 2001, as
amended by section 5, chapter 696, Oregon Laws 2001, section 52,
chapter 14, Oregon Laws 2003, section 4, chapter 383, Oregon Laws
2003, section 11, chapter 577, Oregon Laws 2003, and section 16,
chapter 801, Oregon Laws 2003, is amended to read:
{ + Sec. 19. + } The crimes to which section 1 (11)(b),
chapter 666, Oregon Laws 2001, applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.877.
(42) Endangering aircraft, as defined in ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as defined in ORS
166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
(107) Involvement in animal fighting, as defined in ORS
167.355.
(108) Dogfighting, as defined in ORS 167.365.
(109) Participation in dogfighting, as defined in ORS 167.370.
(110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(111) Interference with livestock production, as defined in ORS
167.388.
(112) A violation of ORS 167.390.
(113) A violation of ORS 471.410.
(114) Failure to report missing precursor substances, as
defined in ORS 475.955.
(115) Illegally selling drug equipment, as defined in ORS
475.960.
(116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.991.
(118) A violation of ORS 475.992, if it is a felony or a Class
A misdemeanor.
(119) A violation of ORS 475.993, if it is a felony or a Class
A misdemeanor.
(120) A violation of ORS 475.994.
(121) A violation of ORS 475.995, if it is a felony or a Class
A misdemeanor.
(122) A violation of ORS 475.999 (1)(a).
(123) Misuse of an identification card, as defined in ORS
807.430.
(124) Unlawful production of identification cards, licenses,
{ + driving privilege cards, + } permits, forms or camera
cards, as defined in ORS 807.500.
(125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(126) Using an invalid license { + or driving privilege
card + }, as defined in ORS 807.580.
(127) Permitting misuse of a license { + or driving privilege
card + }, as defined in ORS 807.590.
(128) Using another's license { + or driving privilege
card + }, as defined in ORS 807.600.
(129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(131) Unlawful distribution of cigarettes, as defined in ORS
323.482.
(132) A violation of ORS 180.440 (2).
(133) An attempt, conspiracy or solicitation to commit a crime
in subsections (1) to (132) of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
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