74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2176
 
LC 731/HB 2176-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2176
 
                 By COMMITTEE ON TRANSPORTATION
 
                            March 26
 
  On page 1 of the printed bill, line 3, after '807.090, ' insert
'807.270,'.
  On page 2, line 4, after 'reviewing' insert 'any'.
  Delete lines 7 through 10 and insert:
  ' (4) The department may employ any qualified physician, nurse
practitioner or physician assistant who holds an unrestricted
license in the State of Oregon to perform the duties assigned to
the medical determination officer by this section.'.
  In line 35, after 'person's' insert 'eligibility for a driver
license or driver permit.' and delete 'eligibility under ORS
807.090.'.
  On page 3, line 15, delete ', except'.
  In line 16, delete 'that' and insert a period and delete ' to
an'.
  Delete line 17 and insert 'to a hearing under ORS 809.440.'.
  After line 35, insert:
  '  { +  SECTION 4. + } ORS 807.270 is amended to read:
  ' 807.270. The Department of Transportation shall provide for
issuance of probationary driver permits in a manner consistent
with this section. A probationary driver permit grants the
driving privileges provided in this section or under the permit.
Except as otherwise provided in this section, a probationary
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license. The
following apply to a probationary driver permit:
  ' (1) The department may issue a probationary driver permit to
a person whose driving privileges have been revoked as a habitual
offender under ORS 809.640.
  ' (2) The department may issue a probationary driver permit
that is valid for the duration of the revocation period unless
the permit is suspended or revoked.
  ' (3) A probationary driver permit may only be issued to a
person while that person's driving privileges and right to apply
for driving privileges are otherwise revoked under ORS 809.640
because the person has been determined to be a habitual offender.
  ' (4) The department may not issue a probationary driver permit
authorizing operation of a commercial motor vehicle.
  ' (5) The fee charged for application or issuance of a
probationary driver permit is the probationary driver permit
application fee under ORS 807.370. The department may not refund
the fee if the application is denied or if the driver permit is
suspended or revoked. The application fee charged under this
subsection is in addition to any fee charged for reinstatement of
driving privileges under ORS 807.370.
  ' (6) Before an applicant may be issued a probationary driver
permit, the applicant must meet the following qualifications in
addition to any other qualifications for the permit:
  ' (a) The applicant must successfully complete a driver
improvement course approved by the department; and
 
  ' (b) The applicant must submit a report of a diagnostic
examination conducted by a private physician showing to the
satisfaction of the   { - Director of Human Services - }  { +
department + } that the applicant is physically and mentally
competent to  { + safely + } operate a motor vehicle.
  ' (7) A person who is issued a probationary driver permit must
continually satisfy the conditions of the permit.
  ' (8) If a person issued a probationary driver permit is
convicted of one offense described in ORS 809.600 (1) or more
than one offense described in ORS 809.600 (2) within any 12-month
period, the permit shall be revoked and no license or permit may
be issued for one year from the date of the revocation.
  ' (9) The department may establish by rule additional
limitations for a probationary driver permit. The limitations may
include any limitation, condition or requirement. Violation of a
limitation is punishable as provided by ORS 811.175 and 811.182.
  ' (10) Upon receiving satisfactory evidence of any violation of
the limitations placed on a probationary driver permit under this
section, the department may suspend or revoke the probationary
driver permit.'.
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