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 1068
 
                         House Bill 3021
 
Sponsored by Representative KRUMMEL
 
 
                             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.
 
  Creates offense of driving while fatigued. Punishes by maximum
of five years' imprisonment, $125,000 fine, or both.  Requires
Department of Transportation to include consequences of driving
while fatigued in examination for driver license. Allows
department to establish educational program.
 
                        A BILL FOR AN ACT
Relating to driving while fatigued; creating new provisions; and
  amending ORS 807.070.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the offense of driving
while fatigued when the person operates a motor vehicle while
knowingly fatigued and causes the death of another person.
  (2) As used in this section, 'fatigued' means having been
without sleep for a period in excess of 24 consecutive hours.
  (3) The offense described in this section, driving while
fatigued, is a Class C felony.
  (4) The Oregon Criminal Justice Commission shall classify
driving while fatigued, as described in this section, as crime
category 8 of the sentencing guidelines grid. + }
  SECTION 2. ORS 807.070 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, Oregon Laws 2003.
  (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.
   { +  (F) The consequences of driving while fatigued. + }
  (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 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.
  (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.
   { +  (F) The consequences of driving while fatigued. + }
  (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.  { + The Department of Transportation may establish
a program for education and awareness relating to the hazards of
driving while fatigued. + }
  SECTION 5.  { + The amendments to ORS 807.070 by sections 2 and
3 of this 2007 Act become operative June 30, 2008. + }
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