Chapter 127
AN ACT
HB 2321
Relating to court-ordered license suspension; amending ORS 809.220,
809.280, 809.415 and 809.416.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 809.415 is amended to read:
809.415. (1)(a) The
Department of Transportation shall suspend the driving privileges of a person
who has a judgment of the type described under ORS 806.040 rendered against the
person if the person does not settle the judgment in the manner described under
ORS 809.470 within 60 days after its entry.
(b) A suspension under
this subsection shall continue until the person does one of the following:
(A) Settles the judgment
in the manner described in ORS 809.470.
(B) Has an insurer that
has been found by the department to be obligated to pay the judgment, provided
that there has been no final adjudication by a court that the insurer has no
such obligation.
(C) Gives evidence to
the department that a period of seven years has elapsed since the entry of the
judgment.
(D) Receives from the
court that rendered the judgment an order permitting the payment of the
judgment in installments.
(c) A person is entitled
to administrative review under ORS 809.440 of a suspension under this
subsection.
(2)(a) The department
shall suspend the driving privileges of a person who falsely certifies the
existence of a motor vehicle liability insurance policy or the existence of
some other means of satisfying financial responsibility requirements or of a
person who, after certifying the existence of a motor vehicle liability
insurance policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in compliance with
financial responsibility requirements.
(b) Notwithstanding
paragraph (a) of this subsection, the department may suspend under this
subsection only if proof of compliance with financial responsibility
requirements as of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date of the mailing
of the department’s demand under ORS 806.160.
(c) A suspension under
this subsection shall continue until the person complies with future
responsibility filings.
(3)(a) The department
shall suspend the driving privileges of a person who fails to comply with
future responsibility filings whenever required under the vehicle code or fails
to provide new proof for future responsibility filings when requested by the
department.
(b) A suspension under
this subsection shall continue until the person complies with future
responsibility filings.
(c) A person whose
initial obligation to make future responsibility filings is not based upon a
conviction or other action by a court is entitled to a hearing under ORS
809.440 prior to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction or other
action by a court is entitled to administrative review under ORS 809.440 of a
suspension under this subsection. A person whose suspension under this
subsection is based on lapses in filing after the initial filing has been made
is entitled to administrative review under ORS 809.440.
(4)(a) The department
shall suspend driving privileges when provided under ORS 809.416. The
suspension shall continue until the earlier of the following:
(A) The person
establishes to the satisfaction of the department that the person has performed
all acts necessary under ORS 809.416 to make the person not subject to
suspension.
(B) [Five] Ten years from the date the
suspension is imposed if the suspension is imposed for a reason described in
ORS 809.416 (1) or (2) or five years from the date the suspension is imposed if
the suspension is imposed for the reason described in ORS 809.416 (3).
(b) A person is entitled
to administrative review under ORS 809.440 of a suspension under this
subsection.
(5) Upon determination
by the department that a person has committed an act that constitutes an
offense described in ORS 809.310, the department may suspend any driving
privileges or any identification card of the person determined to have
committed the act. A suspension under this subsection shall continue for a
period of one year.
SECTION 2.
ORS 809.416 is amended to read:
809.416. This section
establishes circumstances that will make a person subject to suspension under
ORS 809.415 (4) and what a person is required to do to make the person no
longer subject to suspension. The following apply as described:
(1) A person is subject
to suspension under ORS 809.415 (4) if the Department of Transportation
receives notice from a court to apply this section under ORS 809.220. A person
who is subject under this subsection remains subject until the person presents
the department with notice issued by the court showing that the person is no
longer subject to this section or until [five]
10 years have elapsed, whichever is earlier. This subsection shall not
subject a person to ORS 809.415 (4) for any pedestrian offense, bicycling
offense or parking offense. Upon receipt of notice from a court, the department
shall send a letter by first class mail advising the person that the suspension
will commence 60 days from the date of the letter unless the person presents
the department with the notice required by this subsection.
(2) A person is subject
to suspension under ORS 809.415 (4) if the department receives notice from a
court under ORS 809.210 that a person has failed to pay a fine or obey an order
of the court. A person who is subject under this subsection remains subject
until the person presents the department with notice issued by the court
showing that the person has paid the fine or obeyed the order of the court or
until [five] 10 years have
elapsed, whichever is earlier. This subsection shall not subject a person to
ORS 809.415 (4) for failure to pay a fine relating to any pedestrian offense,
bicycling offense or parking offense. Upon receipt of notice from a court, the
department shall send a letter by first class mail advising the person that the
suspension will commence 60 days from the date of the letter unless the person
presents the department with the notice required by this subsection.
(3) A person is subject
to suspension under ORS 809.415 (4) if the person pays the department any fee
or tax with a bank check and the check is returned to the department as
uncollectible or the person tenders payment with a credit or debit card and the
issuer of the card does not pay the department. A person who is subject under
this subsection remains subject until the department receives the money for the
fee or tax and any fee charged by the department under ORS 802.170 or until
five years have elapsed, whichever is earlier.
SECTION 3.
ORS 809.220 is amended to read:
809.220. This section
establishes procedures that are applicable if a person fails to appear on a
citation for a traffic offense or for a violation of ORS 471.430. All of the
following apply to this section:
(1) If a defendant fails
to make any appearance required by the court or by law in a proceeding charging
the defendant with a traffic offense or with a violation of ORS 471.430, the
court:
(a) Shall issue notice
to the Department of Transportation to suspend for failure to appear if the
defendant is charged with a traffic crime or with a violation of ORS 471.430.
If a court issues notice under this paragraph, the department shall suspend the
driving privileges of the person as provided under ORS 809.280.
(b) Shall issue notice
to the department to implement procedures under ORS 809.416 if the defendant is
charged with a traffic violation. If a court issues notice under this
paragraph, the department shall implement procedures under ORS 809.416.
(2) In any notice to the
department under this section, a court shall certify that the defendant failed
to appear in the proceedings in the manner required by the court or by law.
(3) At any time within [five] 10 years from the date of a
notice to suspend for failure to appear given to the department under this
section, a court shall give a second notice to the department to terminate a
suspension resulting from the original notice if any of the following occur:
(a) The base fine amount
or fine set by the court is paid.
(b) The court finds the
defendant not guilty or orders a dismissal of the case.
(c) The court determines
that the suspension for failure to pay or appear should be terminated for good
cause.
(4) Notifications by a
court to the department under this section shall be in a form prescribed by the
department.
(5) A court shall not
notify the department under this section for failure to appear on any parking,
pedestrian or bicyclist offense.
SECTION 4.
ORS 809.280 is amended to read:
809.280. (1) This
section establishes the procedures the Department of Transportation shall
follow when a court orders or recommends the suspension or revocation of
driving privileges. This section also establishes the period of time the
revocation or suspension will be effective.
(2) When a court orders
a suspension of driving privileges under ORS 809.270, the department shall
immediately make proper entry in its files and records and take other action as
necessary to implement the order. The suspension shall remain in force until
the department is notified by the court that the suspension is ended, except that,
if the department is ordered to automatically restore the driving privileges
upon the successful completion of a program, the department shall do so and
shall notify the judge that the person has complied with the order of the
judge.
(3) When a court
recommends a suspension of driving privileges under ORS 809.120, the department
shall impose the suspension as recommended by the court.
(4) When a court
notifies the department under ORS 809.130 of an unsettled judgment, the
department shall suspend and, subject to any other requirements of law, restore
the driving privileges upon appropriate notification from the court under ORS
809.130, except that the department shall only impose the suspension after the
department has determined that:
(a) The judgment was
rendered against the person;
(b) The judgment has
remained unsettled as described in ORS 809.470 for 60 days; and
(c) The judgment
continues to be unsettled as described in ORS 809.470.
(5) When a court
notifies the department under ORS 419C.472 or 809.220 to suspend for failure to
appear, the department shall suspend the driving privileges of the person for
an indefinite period. The department shall terminate the suspension upon
notification by the court or upon the elapse of [five] 10 years from the date of suspension. A suspension
under this subsection shall be placed on the defendant’s driving record. The
department shall not suspend any driving privileges under this subsection for a
person’s failure to appear on a parking, pedestrian or bicyclist offense.
(6) When a court sends
the department a license or otherwise notifies the department under ORS
810.310, the department shall suspend the driving privileges of the person for
an indefinite period. The department shall terminate the suspension ordered
under this section upon notification by the court or upon the lapse of [five] 10 years from the date of
suspension, whichever comes first.
(7) In addition to any
other authority to suspend driving privileges under the vehicle code, the
department shall suspend all driving privileges of any person upon receipt of
an order of denial of driving privileges under ORS 809.260. The suspension
shall be imposed without hearing. The driving privileges of the person shall be
suspended as provided in the following:
(a) Upon receipt of the
first order denying driving privileges, the department shall impose a
suspension for one year, or until the person so suspended reaches 17 years of
age, whichever is longer.
(b) Upon receipt of a
second or subsequent order denying driving privileges, the department shall
suspend for one year or until the person reaches 18 years of age, whichever is
longer.
(8) If the department
receives notice from a court that it has withdrawn an order issued under ORS
809.260, the department shall immediately reinstate any driving privileges that
have been suspended under subsection (7) of this section because of the
issuance of the order.
(9) When a court orders
suspension of driving privileges under ORS 165.805 or 471.430, the department
shall impose the suspension as ordered by the court.
(10) When a court orders
a suspension of driving privileges under ORS 809.265, the department shall
immediately suspend all driving privileges of the person. Upon receipt of an
order suspending driving privileges, the department shall impose a suspension
for six months.
(11) When a court orders
revocation of driving privileges as provided in ORS 809.235, the department
shall impose the revocation as ordered. The revocation shall remain in effect
until the department is notified by a court that the person’s driving
privileges have been ordered restored.
(12) When a court orders
suspension of driving privileges under ORS 811.109, the department shall impose
the suspension as ordered by the court.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 10, 2007
Effective date January 1, 2008
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