75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 124
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
Relating to operating a vehicle without driving privileges;
amending ORS 801.477, 807.010, 807.135 and 810.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 807.010 is amended to read:
807.010. (1) A person commits the offense of { - vehicle - }
operating { + a vehicle + } without driving privileges if the
person operates a motor vehicle upon a highway or premises open
to the public in this state and the person does not have an
appropriate grant of driving privileges from this state in the
form of a license, driver permit, endorsement or statutory grant
of driving privileges allowing the person to engage in the
particular type of operation.
(2) A person to whom a license or driver permit is issued
commits the offense of violating license restrictions if the
person operates a motor vehicle in any manner that violates
restrictions that are placed upon the person's driving privileges
by the Department of Transportation under ORS 807.120 or 807.122,
by a court under ORS 809.210 or 809.270, or by the vehicle code.
(3) Nothing in this section is applicable to a person who is
driving while suspended or revoked in violation of ORS 811.175 or
811.182. Persons who violate ORS 811.175 or 811.182 are subject
to the provisions and penalties provided therein and are not
subject to the penalties and provisions of this section.
(4) { + Except as provided in subsection (5) of this section,
+ }the offense described in subsection (1) of this section,
{ - vehicle - } operating { + a vehicle + } without driving
privileges, is a Class B traffic violation.
{ + (5) The offense described in subsection (1) of this
section, operating a vehicle without driving privileges, that
results from a person operating a motorcycle without a motorcycle
endorsement, is a Class A traffic violation. + }
{ + (6)(a) The court shall suspend a fine imposed under
subsection (5) of this section on the condition that the person,
within 120 days of the date of sentencing:
(A) Complete a motorcycle education course established by the
department under ORS 802.320; and
(B) Obtain a motorcycle endorsement issued under ORS 807.170.
Enrolled Senate Bill 124 (SB 124-B) Page 1
(b) The court shall set a hearing date for 120 days from the
date of sentencing. At the hearing the court shall:
(A) If the person has successfully completed the requirements
described in paragraph (a)(A) and (B) of this subsection, dismiss
the fine imposed under subsection (5) of this section; or
(B) If the person has not successfully completed the
requirements described in paragraph (a)(A) and (B) of this
subsection:
(i) Grant the person an extension based on good cause shown; or
(ii) Impose the fine under subsection (5) of this section. + }
{ - (5) - } { + (7) + } The offense described in subsection
(2) of this section, operating in violation of license
restrictions, is a Class B traffic violation.
SECTION 2. ORS 801.477 is amended to read:
801.477. 'Serious traffic violation' means:
(1) A violation, while operating a motor vehicle and holding a
commercial driver license, of:
(a) ORS 811.140, reckless driving;
(b) Any law establishing a speed limit, if the person is
operating the vehicle 30 miles per hour or more above the posted
limit and a court imposes a suspension under ORS 811.109; or
(c) Any law establishing a speed limit, if the person is
operating the vehicle at a speed of 100 miles per hour or
greater.
(2) A violation, while operating a commercial motor vehicle,
of:
(a) Any law establishing a speed limit, if the person is
operating the vehicle 15 miles per hour or more above the posted
limit.
(b) The basic speed rule established in ORS 811.100 if the
person is operating the vehicle 15 miles per hour or more above
the speeds established in ORS 811.105 as prima facie evidence of
violation of the basic speed rule.
(c) ORS 807.010 (1), { - vehicle - } operating { + a
vehicle + } without driving privileges.
(d) ORS 807.570, failure to carry a license or to present a
license to a police officer.
(e) ORS 811.140, reckless driving.
(f) ORS 811.305, driving on the left on a curve or grade or at
an intersection or rail crossing.
(g) ORS 811.370, failure to drive within a lane.
(h) ORS 811.410, unsafe passing on the left.
(i) ORS 811.415, unsafe passing on the right.
(j) ORS 811.485, following too closely.
(k) Any law relating to motor vehicle traffic control if the
violation is connected to a fatal accident. This paragraph does
not apply to violations of parking laws or laws regulating
vehicle weight or equipment.
(L) Any law of another jurisdiction that corresponds to an
Oregon law described in this section.
SECTION 3. ORS 807.135 is amended to read:
807.135. (1) Notwithstanding ORS 807.130, a license held by a
member of the Oregon National Guard or a military reservist
ordered on active duty and deployed to a location outside the
United States that expires while the holder is on active duty
shall remain valid and grant driving privileges for 90 days
following the termination of active duty.
(2) The court shall dismiss the charge of { - vehicle - }
operating { + a vehicle + } without driving privileges under
ORS 807.010 if, when charged, a member of the Oregon National
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Guard or a military reservist held a valid license pursuant to
subsection (1) of this section.
SECTION 4. ORS 810.530 is amended to read:
810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this subsection is
committed may arrest or issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor
carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
(a) Violation of maximum weight limits under ORS 818.020.
(b) Violation of posted weight limits under ORS 818.040.
(c) Violation of administratively imposed weight or size limits
under ORS 818.060.
(d) Violation of maximum size limits under ORS 818.090.
(e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
(f) Violation of posted limits on use of road under ORS
818.130.
(g) Violation of towing safety requirements under ORS 818.160.
(h) Operating with sifting or leaking load under ORS 818.300.
(i) Dragging objects on highway under ORS 818.320.
(j) Unlawful use of devices without wheels under ORS 815.155.
(k) Unlawful use of metal objects on tires under ORS 815.160.
(L) Operation without pneumatic tires under ORS 815.170.
(m) Operation in violation of vehicle variance permit under ORS
818.340.
(n) Failure to carry and display permit under ORS 818.350.
(o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
(p) Violation of any provision of ORS chapter 825.
(q) Operation without proper fenders or mudguards under ORS
815.185.
(r) { - Vehicle - } Operating { + a vehicle + } without
driving privileges in violation of ORS 807.010 if the person is
operating a commercial motor vehicle and the person does not have
a commercial driver license or does not have an appropriate
permit.
(s) Violation driving while suspended or revoked in violation
of ORS 811.175 if the person is operating a commercial motor
vehicle while the person's commercial driver license is suspended
or revoked.
(t) Failure to use vehicle traction tires or chains in
violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826.
(2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by
a person operating a commercial motor vehicle may issue a
citation for the offense. A weighmaster or motor carrier
enforcement officer who finds evidence that an offense described
in this subsection has been committed by a person operating a
commercial motor vehicle or by a motor carrier for which the
person is acting as an agent may issue a citation for the
offense. A weighmaster or motor carrier enforcement officer
issuing a citation under this subsection has the authority
granted a police officer issuing a citation under ORS 810.410. A
citation issued under this subsection to the operator of a
commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if
the operator is not the owner. This subsection applies to the
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following offenses, all of which are Class A traffic violations
under ORS 825.990 (1):
(a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.
(b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.
(c) Refusing or failing to file the annual report as required
by ORS 825.320.
(d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required
by the department.
(e) Failing to appear for a hearing after notice that the
carrier's certificate or permit is under investigation.
(f) Filing with the department an application that is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
(g) Delinquency in reporting or paying any fee, tax or penalty
due to the department under ORS chapter 825 or 826.
(h) Refusing or failing to file a deposit or bond as required
under ORS 825.506.
(i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by
ORS 825.402.
(3) A weighmaster or motor carrier enforcement officer who
finds evidence that a person operating a commercial motor vehicle
has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the
offense in the same manner as under ORS 810.410 as if the
weighmaster or motor carrier enforcement officer were a police
officer.
(4) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is
subject to ORS chapter 153.
(5)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
(b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
(6) A weighmaster or motor carrier enforcement officer may
accept security in the same manner as a police officer under ORS
810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum
fixed as the base fine for the offense.
(7) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear in a
violation proceeding under ORS 153.992 if the violation is based
upon a citation for any offense described in subsection (1) or
(3) of this section except those described in subsection (1)(p)
of this section.
(8) A weighmaster or motor carrier enforcement officer may
exercise the same authority as a police officer under ORS 810.490
to enforce vehicle requirements and detain vehicles. A person who
fails to comply with the authority of a weighmaster or motor
carrier enforcement officer under this subsection is subject to
penalty under ORS 818.400.
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Enrolled Senate Bill 124 (SB 124-B) Page 4
Passed by Senate March 5, 2009
Repassed by Senate June 3, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 1, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 124 (SB 124-B) Page 5
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 124 (SB 124-B) Page 6