74th OREGON LEGISLATIVE ASSEMBLY--2007 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 444
 
                         House Bill 2267
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation)
 
 
                             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.
 
  Allows renewal of instruction driver permit.
 
                        A BILL FOR AN ACT
Relating to instruction driver permit; amending ORS 807.280 and
  807.370.
Be It Enacted by the People of the State of Oregon:
  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 United States if the applicant held a
permit issued by this state at the time of the applicant's entry
into the Armed Forces.
  (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 United States if the applicant held a
permit issued by this state at the time of the applicant's entry
into the Armed Forces.
 
  (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.
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