Chapter 588
AN ACT
SB 728
Relating to vision requirements for driving privileges; creating new
provisions; amending ORS 807.070, 807.072, 807.280 and 807.370 and section 4,
chapter 277, Oregon Laws 2003; and repealing sections 14, 16 and 17, chapter
277, Oregon Laws 2003.
Be It Enacted by the People of
the State of
SECTION 1. Sections 14, 16 and 17, chapter 277,
SECTION 2. Section 4, chapter 277, Oregon Laws 2003, is
amended to read:
Sec.
4. (1) The Department of Transportation shall issue a driver license
to a person with a limited vision condition if the person:
(a) Complies with the
requirements of ORS 807.040; and
(b) Provides a
certificate issued by a rehabilitation training specialist certifying that the
person has successfully completed a rehabilitation training program.
(2) A license issued to
a person with a limited vision condition who meets the requirements of
subsection (1) of this section is restricted to authorize operation of a motor
vehicle only:
(a) During daylight
hours; and
[(b) On highways with a designated speed or speed limit not greater than
45 miles per hour; and]
[(c)] (b) When the person is using a
bioptic telescopic lens.
(3) A person issued a
license under this section shall every two years:
(a) Take a test that is
an actual demonstration of the person’s ability to operate a motor vehicle
without endangering the safety of persons or property; and
(b) Be examined by a
licensed vision specialist who certifies to the department that the person
meets the vision requirements under section 3, chapter 277,
(4) A person must use a
bioptic telescopic lens whenever the person is required to take a test that is
an actual demonstration of the person’s ability to operate a motor vehicle
without endangering the safety of persons or property.
SECTION 3. ORS 807.070, as amended by section 10, chapter
277, Oregon Laws 2003, and section 6, chapter 649, Oregon Laws 2005, is amended
to read:
807.070. The Department
of Transportation shall administer an examination to establish qualification
for each class of license and endorsement. The examination for each class of
license or endorsement shall include all of the following as described:
(1) A test of the
applicant’s eyesight. This subsection does not apply to an applicant with a
limited vision condition as defined in section 2, chapter 277,
(2) A test of the
applicant’s knowledge and understanding of the traffic laws of this state, safe
driving practices and factors that cause accidents. The following all apply to
the test under this subsection:
(a) The test shall not
cover any subject that is not presented in the publications of the department
intended for the instruction of applicants for licenses and driver permits.
(b) The test for each
class of license and endorsement shall include, but is not limited to, a test
of knowledge and understanding of traffic laws that relate specifically to the
type of driving privileges granted under the specific class of license or
endorsement sought.
(c) The test under this
subsection shall include, but is not limited to, the following subjects:
(A) Rights of blind
pedestrians.
(B) The meaning of
official traffic signs and signals.
(C) Proper operating
procedure in emergency situations.
(D) Vehicle safety
equipment and its use.
(E) Practices necessary
for safe operation of a vehicle around pedestrians and bicyclists.
(d) The department may
waive the test under circumstances described in ORS 807.072.
(3) A test that is an
actual demonstration of the applicant’s ability to operate a motor vehicle
without endangering the safety of persons or property. The following apply to
this subsection:
(a) The actual
demonstration for each class of license shall be performed in a vehicle that
may be operated under the class of license sought, but that may not be operated
under lower classes of license.
(b) An actual
demonstration for a passenger endorsement shall be performed in a vehicle that
is designed to transport 16 or more persons, including the driver.
(c) An actual
demonstration for a school bus endorsement shall be performed in a school bus.
(d) The department may
waive the demonstration under circumstances described in ORS 807.072.
(4) Any other
examination or test, including demonstrations, that the department determines
may be necessary to assist the department in establishing whether the applicant
is eligible for a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In any
examination or test under this subsection, the department shall only conduct an
investigation for facts relating directly to the ability of the applicant to
operate a motor vehicle safely or other facts that are specifically required to
show the fitness of the applicant for license.
SECTION 4. ORS 807.072, as amended by section 11, chapter
277, Oregon Laws 2003, and section 8, chapter 649, Oregon Laws 2005, is amended
to read:
807.072. (1) The
Department of Transportation, by rule, may waive any examination, test or
demonstration required under ORS 807.065 (1)(b) or 807.070 (2) or (3) if the
department receives satisfactory proof that the person required to take the
examination, test or demonstration has passed an examination, test or
demonstration approved by the department that:
(a) Is given in
conjunction with a traffic safety education course certified by the department
under ORS 802.345;
(b) Is given in
conjunction with a motorcycle rider education course established under ORS
802.320; [or]
(c) Is given in
conjunction with a course conducted by a commercial driver training school
certified by the department under ORS 822.515[.]; or
(d) Is given in
conjunction with an application for a special limited vision condition learner’s
permit under section 3, chapter 277,
(2) The department, by
rule, may waive the actual demonstration required under ORS 807.070 (3) for a
person who is applying for a commercial driver license or a Class C license if
the person holds a valid out-of-state license or applies for an
(3) The department may
waive the actual demonstration required under ORS 807.070 for a person who is
applying for a commercial driver license or for an endorsement related to a
commercial driver license if the person submits to the department a certificate
of competency issued under ORS 807.080 for the class of license or for the
endorsement sought or under other circumstances, established by the department
by rule, that establish the person’s ability to drive without an actual
demonstration.
(4) The department may
issue a Class A farm endorsement without requiring additional tests to a person
who has a Class C driver license if a farm employer or a self-employed farmer
certifies to the department that the person is experienced in driving a vehicle
that may be driven only by persons who have a Class A commercial driver license
and the person’s two-part driving record does not show either a traffic
accident within two years of the date of application for the endorsement or a
conviction for one of the following traffic crimes within five years of the
date of application for the endorsement:
(a) Reckless driving, as
defined in ORS 811.140.
(b) Driving while under
the influence of intoxicants, as defined in ORS 813.010.
(c) Failure to perform
the duties of a driver involved in an accident or collision, as described in
ORS 811.700 or 811.705.
(d) Criminal driving
while suspended or revoked, as defined in ORS 811.182.
(e) Fleeing or
attempting to elude a police officer, as defined in ORS 811.540.
(5) The department may
issue a Class B farm endorsement without requiring additional tests to a person
who has a Class C driver license if a farm employer or a self-employed farmer
certifies to the department that the person is experienced in driving a vehicle
that may be driven only by persons who have a Class B commercial driver license
and the person’s two-part driving record does not show either a conviction for
a traffic crime specified in subsection (4) of this section within five years
of the date of application for the endorsement or a traffic accident within two
years of the date of application for the endorsement.
(6) The department by
rule may establish other circumstances under which a farm endorsement may be
issued without an actual demonstration. The authority granted by this
subsection includes, but is not limited to, authority to adopt rules specifying
circumstances under which the endorsement may be granted to a person despite
the appearance of traffic accidents on the person’s record.
SECTION 5. 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
required for issuance of an instruction driver permit is the instruction driver
permit issuance fee under ORS 807.370.
(4) A Class C
instruction driver permit shall be valid for 24 months from the date of
issuance. All other instruction driver permits issued under this section shall
be valid for one year from the date of issuance. A permit issued under this
section may not be renewed.
(5) The holder of the
permit may not operate a motor vehicle unless the holder has the permit in the
holder’s immediate possession and is accompanied by a person with a class of
license granting the same driving privileges or a license with an endorsement
granting the same driving privileges who is not less than 21 years of age. The
accompanying person must be occupying a seat beside the holder of the permit
unless the permit is for motorcycle driving privileges. For a permit granting
motorcycle driving privileges, the holder of the permit must be in the company
and under the supervision and visual observation of the accompanying person and
the accompanying person must be operating a separate motorcycle. If the permit
authorizes its holder to operate a commercial motor vehicle, the accompanying
person must have a commercial driver license and the proper endorsements for
the vehicle being operated by the holder of the permit. The holder of the
permit may not operate any motor vehicle transporting hazardous materials.
(6) The holder of a
permit granting motorcycle driving privileges is subject to the following in
addition to any other requirements under this section:
(a) The holder may only
operate a motorcycle during daylight hours.
(b) The holder may not
carry any passengers on the motorcycle.
(c) The holder of the
permit must wear an approved helmet while operating a motorcycle.
(7)(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) In addition to any
other requirements under this section, the holder of a permit issued under
subsection (7) of this section may operate a motor vehicle only when using a
bioptic telescopic lens.
SECTION 6. 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.
(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,
SECTION 7. Section 8 of this 2007 Act is added to and
made a part of the
SECTION 8. (1) Notwithstanding section 4, chapter 277,
(a) Is issued a driver
license under section 4, chapter 277,
(b) Provides a
certificate issued by a rehabilitation training specialist certifying that the
person has successfully completed a rehabilitation training program and is able
to safely operate a motor vehicle at night; and
(c) Is examined every
two years by a licensed vision specialist who certifies that the person is able
to safely operate a motor vehicle at night.
(2) As used in this
section, “limited vision condition,” “rehabilitation training specialist” and “rehabilitation
training program” have the meanings given those terms in section 2, chapter
277, Oregon Laws 2003.
SECTION 9. Section 8 of this 2007 Act is repealed on
June 30, 2011.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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