75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1731
A-Engrossed
Senate Bill 546
Ordered by the Senate May 1
Including Senate Amendments dated May 1
Sponsored by Senator WALKER
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.
Directs Department of Transportation to include on driver
license examination at least two questions pertaining to
practices necessary for safe operation of vehicle around
motorcyclists.
Requires person of any age applying for first time for
motorcycle endorsement to complete motorcycle rider education
course.
Increases motorcycle endorsement fees.
{ - Allows person to enter into motorcycle improvement
agreement if person is cited for operating motorcycle without
holding motorcycle endorsement. Allows dismissal of charge upon
successful completion of motorcycle rider education course. - }
Directs Department of Transportation to phase in motorcycle
rider education course program for persons 21 years of age and
older.
A BILL FOR AN ACT
Relating to motorcycles; creating new provisions; and amending
ORS 807.070, 807.170, 807.175 and 807.370.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 - } { + must + } 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 ORS 807.355.
(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 - } { + may + } 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 - } { + must + } 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 - } { +
must + } include, but is not limited to, the following subjects:
(A) Rights of pedestrians who are blind.
(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) Practices necessary for safe operation of a vehicle
around motorcyclists.
(d) The test must include at least two questions pertaining to
the practices necessary for safe operation of a vehicle around
motorcyclists. + }
{ - (d) - } { + (e) + }The test may include a question
regarding fuel efficient driving techniques.
{ - (e) - } { + (f) + } 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 2. ORS 807.170 is amended to read:
807.170. (1) The Department of Transportation shall provide for
the granting of driver license endorsements in a manner
consistent with this section.
(2) The department shall grant an endorsement to any person who
complies with all of the following requirements:
(a) The person must hold a valid license other than a
restricted Class C license issued under the vehicle code.
(b) The person must successfully complete any tests and
demonstrations referred to in ORS 807.070 that the department
determines necessary to determine whether the applicant is
qualified for the type of endorsement sought. The actual
demonstration required under ORS 807.070, if any, must be
performed in a vehicle that may be operated under the endorsement
sought but that may not be operated without the endorsement.
Tests shall include, but are not limited to, those tests
necessary to determine whether the applicant:
(A) Has satisfactory knowledge of laws relating to operation
under the type of endorsement sought, defensive driving skills,
the common causes of accidents involving vehicles operated under
the type of endorsement sought; and
(B) Can operate under the endorsement in a manner that will not
jeopardize the safety of persons or property.
(c) The appropriate fee under ORS 807.370 for the endorsement,
including the fee for the Motorcycle Safety Subaccount, must be
paid.
(d) If the person is { - under 21 years of age and an
applicant - } { + applying + } for a motorcycle endorsement,
the person must comply with ORS 807.175.
(3) An endorsement granted under this section is subject to the
following:
(a) It is part of the license upon which it is endorsed and is
subject to any provisions applicable to the endorsed license
under the statutes of this state.
(b) It is valid only if the license endorsed is valid.
(c) The appropriate fee under ORS 807.370 must be paid upon
renewal of the endorsement in addition to any fee for renewal of
the license endorsed.
(d) Except as provided under ORS 807.350 or as specifically
provided under ORS 809.419, an endorsement cannot be canceled,
suspended or revoked separately from the license endorsed. When
an endorsed license is canceled, suspended or revoked, all
endorsements on the license are subject to the same cancellation,
suspension or revocation as the license.
(4) Before the department may renew any license with a
motorcycle endorsement, the applicant shall pay the department
the Motorcycle Safety Subaccount fee established under ORS
807.370 in addition to any fee for renewal of the license.
SECTION 3. ORS 807.175 is amended to read:
807.175. { + (1) + } The Department of Transportation may not
issue a motorcycle endorsement to { - any - } { + a + }
person { - who is under 21 years of age - } unless the person
shows to the satisfaction of the department that the person has
successfully completed a motorcycle rider education course
established by the department under ORS 802.320. This
requirement is in addition to any other requirement for the
endorsement.
{ + (2) Subsection (1) of this section does not apply to a
person applying for issuance of a motorcycle endorsement under
ORS 807.170 who currently holds a motorcycle endorsement issued
by another state. + }
SECTION 4. ORS 807.370, as amended by section 17, chapter 1,
Oregon Laws 2008, 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, $43.
(b) For renewal fee under ORS 807.210, $31.
(2) Emergency driver permit fee under ORS 807.220, $22.50.
(3) Instruction driver permit fees under ORS 807.280, as
follows:
(a) For issuance, $22.50.
(b) For renewal, $22.50.
(4)(a) License issuance fee for a Class C license, $53.
(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, $53.
(6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements, $74.50.
(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 double and triple 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,
$54.50.
(15) License renewal fee for a Class C license, $33.
(16) License or driver permit replacement fee under ORS
807.160, $25.50.
(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,
$22.50.
(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 - } { + $38 + }.
(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 ORS 807.359, $13.
SECTION 5. ORS 807.370, as amended by sections 17 and 19,
chapter 1, Oregon Laws 2008, 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, $44.
(b) For renewal fee under ORS 807.210, $32.
(2) Emergency driver permit fee under ORS 807.220, $23.50.
(3) Instruction driver permit fees under ORS 807.280, as
follows:
(a) For issuance, $23.50.
(b) For renewal, $23.50.
(4)(a) License issuance fee for a Class C license, $54.
(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, $54.
(6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements, $75.50.
(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 double and triple 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,
$55.50.
(15) License renewal fee for a Class C license, $34.
(16) License or driver permit replacement fee under ORS
807.160, $26.50.
(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,
$23.50.
(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 - } { + $38 + }.
(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 ORS 807.359, $13.
(27)(a) License issuance fee for a Class C limited term
license, $23.
(b) Fee to take the knowledge test for a Class C limited term
license, $5.
(c) Fee to take the skills test for a Class C limited term
license, $9.
(28) License issuance fee for a restricted Class C limited term
license, $23.
(29) License issuance fee for a limited term commercial driver
license, whether or not the license contains endorsements, $45.
(30) License renewal fee for a limited term commercial driver
license, $14.
(31) License renewal fee for a Class C limited term license,
$8.
(32) Limited term license or limited term driver permit
replacement fee under ORS 807.160, $26.50.
(33) Limited term Student Driver Training Fund eligibility fee
under ORS 807.040 and 807.150, $2.
SECTION 6. { + The requirement in ORS 807.175, as amended by
section 3 of this 2009 Act, to complete the motorcycle rider
education course established by the Department of Transportation
under ORS 802.320 applies:
(1) On or after January 1, 2011, to persons who are under 31
years of age as of that date.
(2) On or after January 1, 2012, to persons who are under 41
years of age as of that date.
(3) On or after January 1, 2013, to persons who are under 51
years of age as of that date.
(4) On or after January 1, 2014, to persons who are under 61
years of age as of that date.
(5) On or after January 1, 2015, to all persons. + }
----------