Chapter 121
AN ACT
HB 2267
Relating to instruction driver permit;
amending ORS 807.280 and 807.370.
Be It Enacted by the People of
the State of
SECTION 1. ORS 807.280 is amended to read:
807.280. The Department
of Transportation shall provide for the issuance of instruction driver permits
in a manner consistent with this section. A person who is issued an instruction
driver permit may exercise the same driving privileges as those under the class
of license or endorsement for which the permit is issued except as provided in
this section or under the permit. Except as otherwise provided in this section,
an instruction driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a license or endorsement granting the
same driving privileges. The following apply to an instruction driver permit:
(1) An instruction
driver permit is subject to the same classifications and endorsements as a
license. The department may issue an instruction driver permit to grant the
same driving privileges as a Class A commercial, Class B commercial, Class C
commercial or Class C driver license or as a motorcycle endorsement, but the
permit will also be subject to the provisions of this section.
(2) The department may
issue an instruction driver permit to a person who is qualified to obtain the
same driving privileges under the corresponding class of license or type of
endorsement except for the person’s age or lack of experience in the operation
of motor vehicles subject to the following:
(a) An applicant must be
15 years of age or older to receive the same driving privileges as are granted
under a Class C license.
(b) An applicant must be
16 years of age or older and have a commercial driver license or a Class C
license to receive the same driving privileges as are granted under a
motorcycle endorsement.
(c) An applicant must be
18 years of age or older to receive the same driving privileges as are granted
under any class of license not otherwise provided for under this subsection.
(3) The [only fee] fees required for
issuance or renewal of an instruction driver permit [is] are the instruction driver
permit [issuance fee] fees
under ORS 807.370.
(4) A Class C
instruction driver permit shall be valid for 24 months from the date of
issuance. All other instruction driver permits issued under this section shall
be valid for one year from the date of issuance. [A permit issued under this section may not be renewed.]
(5) When a permit
expires or is about to expire, the department shall renew the permit if the
holder of the permit qualifies for renewal of the permit under this section and
applies for renewal:
(a) Within one year of
the expiration of a permit issued under this section; or
(b) Within six months
after the applicant is discharged from the Armed Forces of the
(6) To qualify for
renewal of a permit, a person must meet all of the requirements for the type of
permit sought to be renewed, except that the department may waive the
examination unless the department has reason to believe that the applicant is
not qualified for the permit.
(7) A permit that is
renewed under this section may be used on or after the date of issuance. If the
department issues a permit renewal to a person under this section before the
expiration of the permit being renewed, the older permit is invalid. A permit
that becomes invalid under this subsection shall be surrendered to the
department.
[(5)] (8) The holder of the permit may not operate a motor
vehicle unless the holder has the permit in the holder’s immediate possession
and is accompanied by a person with a class of license granting the same
driving privileges or a license with an endorsement granting the same driving
privileges who is not less than 21 years of age. The accompanying person must
be occupying a seat beside the holder of the permit unless the permit is for
motorcycle driving privileges. For a permit granting motorcycle driving
privileges, the holder of the permit must be in the company and under the
supervision and visual observation of the accompanying person and the
accompanying person must be operating a separate motorcycle. If the permit
authorizes its holder to operate a commercial motor vehicle, the accompanying
person must have a commercial driver license and the proper endorsements for
the vehicle being operated by the holder of the permit. The holder of the
permit may not operate any motor vehicle transporting hazardous materials.
[(6)] (9) The holder of a permit granting motorcycle driving
privileges is subject to the following in addition to any other requirements
under this section:
(a) The holder may only
operate a motorcycle during daylight hours.
(b) The holder may not
carry any passengers on the motorcycle.
(c) The holder of the
permit must wear an approved helmet while operating a motorcycle.
[(7)(a)] (10)(a) The department may
issue an instruction driver permit to a person with a limited vision condition
if a rehabilitation training specialist certifies to the department that the
person has successfully completed a rehabilitation training program.
(b) As used in this
subsection, “limited vision condition,” “rehabilitation training specialist”
and “rehabilitation training program” have the meanings given those terms in
section 2, chapter 277, Oregon Laws 2003.
[(8)] (11) In addition to any other requirements under this
section, the holder of a permit issued under subsection [(7)] (10) of this section may operate a motor vehicle only:
(a) During daylight
hours;
(b) On highways with a
designated speed or speed limit not greater than 45 miles per hour; and
(c) When the holder is
using a bioptic telescopic lens.
SECTION 2. ORS 807.280, as amended by section 12, chapter
277, Oregon Laws 2003, section 8, chapter 59, Oregon Laws 2005, and section 36,
chapter 649, Oregon Laws 2005, is amended to read:
807.280. The Department
of Transportation shall provide for the issuance of instruction driver permits
in a manner consistent with this section. A person who is issued an instruction
driver permit may exercise the same driving privileges as those under the class
of license or endorsement for which the permit is issued except as provided in
this section or under the permit. Except as otherwise provided in this section,
an instruction driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a license or endorsement granting the
same driving privileges. The following apply to an instruction driver permit:
(1) An instruction
driver permit is subject to the same classifications and endorsements as a
license. The department may issue an instruction driver permit to grant the
same driving privileges as a Class A commercial, Class B commercial, Class C
commercial or Class C driver license or as a motorcycle endorsement, but the
permit will also be subject to the provisions of this
section.
(2) The department may
issue an instruction driver permit to a person who is qualified to obtain the
same driving privileges under the corresponding class of license or type of
endorsement except for the person’s age or lack of experience in the operation
of motor vehicles subject to the following:
(a) An applicant must be
15 years of age or older to receive the same driving privileges as are granted
under a Class C license.
(b) An applicant must be
16 years of age or older and have a commercial driver license or a Class C
license to receive the same driving privileges as are granted under a
motorcycle endorsement.
(c) An applicant must be
18 years of age or older to receive the same driving privileges as are granted
under any class of license not otherwise provided for under this subsection.
(3) The [only fee] fees required for
issuance or renewal of an instruction driver permit [is] are the instruction driver
permit [issuance fee] fees
under ORS 807.370.
(4) A Class C
instruction driver permit shall be valid for 24 months from the date of
issuance. All other instruction driver permits issued under this section shall
be valid for one year from the date of issuance. [A permit issued under this section may not be renewed.]
(5) When a permit
expires or is about to expire, the department shall renew the permit if the
holder of the permit qualifies for renewal of the permit under this section and
applies for renewal:
(a) Within one year of
the expiration of a permit issued under this section; or
(b) Within six months
after the applicant is discharged from the Armed Forces of the
(6) To qualify for
renewal of a permit, a person must meet all of the requirements for the type of
permit sought to be renewed, except that the department may waive the
examination unless the department has reason to believe that the applicant is
not qualified for the permit.
(7) A permit that is
renewed under this section may be used on or after the date of issuance. If the
department issues a permit renewal to a person under this section before the
expiration of the permit being renewed, the older permit is invalid. A permit
that becomes invalid under this subsection shall be surrendered to the
department.
[(5)] (8) The holder of the permit may not operate a motor
vehicle unless the holder has the permit in the holder’s immediate possession
and is accompanied by a person with a class of license granting the same
driving privileges or a license with an endorsement granting the same driving
privileges who is not less than 21 years of age. The accompanying person must
be occupying a seat beside the holder of the permit unless the permit is for
motorcycle driving privileges. For a permit granting motorcycle driving privileges,
the holder of the permit must be in the company and under the supervision and
visual observation of the accompanying person and the accompanying person must
be operating a separate motorcycle. If the permit authorizes its holder to
operate a commercial motor vehicle, the accompanying person must have a
commercial driver license and the proper endorsements for the vehicle being
operated by the holder of the permit. The holder of the permit may not operate
any motor vehicle transporting hazardous materials.
[(6)] (9) The holder of a permit granting motorcycle driving
privileges is subject to the following in addition to any other requirements
under this section:
(a) The holder may only
operate a motorcycle during daylight hours.
(b) The holder may not
carry any passengers on the motorcycle.
(c) The holder of the
permit must wear an approved helmet while operating a motorcycle.
SECTION 3. ORS 807.370 is amended to read:
807.370. The following
are the fees relating to the issuance and renewal of licenses, driver permits
and endorsements:
(1) Disability golf cart
driver permit fees under ORS 807.210, as follows:
(a) For issuance,
$38.50.
(b) For renewal fee
under ORS 807.210, $26.50.
(2) Emergency driver
permit fee under ORS 807.220, $18.
[(3) Instruction driver permit issuance fee under ORS 807.280, $18.]
(3) Instruction
driver permit fees under ORS 807.280, as follows:
(a) For issuance, $18.
(b) For renewal, $18.
(4)(a) License issuance
fee for a Class C license, $48.50.
(b) Fee to take the
knowledge test for a Class C license, $5.
(c) Fee to take the
skills test for a Class C license, $9.
(5) License issuance fee
for a restricted Class C license, $48.50.
(6) License issuance fee
for a commercial driver license, whether or not the license contains
endorsements, $70.
(7) Test fees for a
commercial driver license or permit:
(a) To take the
knowledge test for a Class A commercial license or permit, $10.
(b) To take the skills
test for a Class A commercial license, $70.
(c) To take the
knowledge test for a Class B commercial license or permit, $10.
(d) To take the skills
test for a Class B commercial license, $70.
(e) To take the
knowledge test for a Class C commercial license or permit, $10.
(f) To take the skills
test for a Class C commercial license, $70.
(8) Notwithstanding
subsection (6) of this section, for issuance of a commercial driver license of
any class when the Department of Transportation accepts a certificate of
competency issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding
subsection (6) of this section, for original issuance of a school bus
endorsement to a person who has a commercial driver license with a passenger
endorsement:
(a) $21; or
(b) $61 if the department
accepts a certificate of competency issued under ORS 807.080.
(10) For a farm
endorsement, $26.
(11) Test fees for the
knowledge test for endorsements other than motorcycle and farm endorsements:
(a) For a hazardous
materials endorsement, $10.
(b) For a tank vehicle
endorsement, $10.
(c) For a passenger
endorsement, $10.
(d) For a trailer
endorsement, $10.
(e) For a school bus
endorsement, $10.
(12) Fee to take an
airbrake knowledge test, $10.
(13) Fee to take an
airbrake skills test to remove an airbrake restriction, $56.
(14) License renewal fee
for a commercial driver license, $50.
(15) License renewal fee
for a Class C license, $28.50.
(16) License or driver
permit replacement fee under ORS 807.160, $21.
(17) Original
endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46,
in addition to any fees for the endorsed license.
(18) Special student
driver permit fee under ORS 807.230, $18.
(19) Student Driver
Training Fund eligibility fee under ORS 807.040 and 807.150, $6.
(20) Motorcycle Safety
Subaccount fee as follows:
(a) Upon original
issuance of motorcycle endorsements under ORS 807.170, $28.
(b) Upon renewal of a
license with a motorcycle endorsement under ORS 807.170, $28.
(21) Probationary driver
permit application fee under ORS 807.270, $50.
(22) Hardship driver
permit application fee under ORS 807.240, $50.
(23) Fee for
reinstatement of revoked driving privileges under ORS 809.390, $75.
(24) Fee for
reinstatement of suspended driving privileges under ORS 809.380, $75.
(25) Fee for
reinstatement of right to apply for driving privileges after a delay under ORS
809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended
driving privileges.
(26) Fee for a special
limited vision condition learner’s permit under section 3, chapter 277, Oregon
Laws 2003, $13.
SECTION 4. ORS 807.370, as amended by section 13, chapter
277, Oregon Laws 2003, section 3, chapter 59, Oregon Laws 2005, and section 11,
chapter 649, Oregon Laws 2005, is amended to read:
807.370. The following
are the fees relating to the issuance and renewal of licenses, driver permits
and endorsements:
(1) Disability golf cart
driver permit fees under ORS 807.210, as follows:
(a) For issuance,
$38.50.
(b) For renewal fee under
ORS 807.210, $26.50.
(2) Emergency driver
permit fee under ORS 807.220, $18.
[(3) Instruction driver permit issuance fee under ORS 807.280, $18.]
(3) Instruction
driver permit fees under ORS 807.280, as follows:
(a) For issuance, $18.
(b) For renewal, $18.
(4)(a) License issuance
fee for a Class C license, $48.50.
(b) Fee to take the
knowledge test for a Class C license, $5.
(c) Fee to take the
skills test for a Class C license, $9.
(5) License issuance fee
for a restricted Class C license, $48.50.
(6) License issuance fee
for a commercial driver license, whether or not the license contains
endorsements, $70.
(7) Test fees for a
commercial driver license or permit:
(a) To take the
knowledge test for a Class A commercial license or permit, $10.
(b) To take the skills
test for a Class A commercial license, $70.
(c) To take the
knowledge test for a Class B commercial license or permit, $10.
(d) To take the skills
test for a Class B commercial license, $70.
(e) To take the
knowledge test for a Class C commercial license or permit, $10.
(f) To take the skills
test for a Class C commercial license, $70.
(8) Notwithstanding
subsection (6) of this section, for issuance of a commercial driver license of
any class when the Department of Transportation accepts a certificate of
competency issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding
subsection (6) of this section, for original issuance of a school bus
endorsement to a person who has a commercial driver license with a passenger
endorsement:
(a) $21; or
(b) $61 if the
department accepts a certificate of competency issued under ORS 807.080.
(10) For a farm
endorsement, $26.
(11) Test fees for the
knowledge test for endorsements other than motorcycle and farm endorsements:
(a) For a hazardous
materials endorsement, $10.
(b) For a tank vehicle
endorsement, $10.
(c) For a passenger
endorsement, $10.
(d) For a trailer
endorsement, $10.
(e) For a school bus
endorsement, $10.
(12) Fee to take an
airbrake knowledge test, $10.
(13) Fee to take an
airbrake skills test to remove an airbrake restriction, $56.
(14) License renewal fee
for a commercial driver license, $50.
(15) License renewal fee
for a Class C license, $28.50.
(16) License or driver
permit replacement fee under ORS 807.160, $21.
(17) Original
endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46,
in addition to any fees for the endorsed license.
(18) Special student
driver permit fee under ORS 807.230, $18.
(19) Student Driver
Training Fund eligibility fee under ORS 807.040 and 807.150, $6.
(20) Motorcycle Safety
Subaccount fee as follows:
(a) Upon original
issuance of motorcycle endorsements under ORS 807.170, $28.
(b) Upon renewal of a
license with a motorcycle endorsement under ORS 807.170, $28.
(21) Probationary driver
permit application fee under ORS 807.270, $50.
(22) Hardship driver
permit application fee under ORS 807.240, $50.
(23) Fee for
reinstatement of revoked driving privileges under ORS 809.390, $75.
(24) Fee for
reinstatement of suspended driving privileges under ORS 809.380, $75.
(25) Fee for
reinstatement of right to apply for driving privileges after a delay under ORS
809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended
driving privileges.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 10, 2007
Effective date January 1, 2008
__________