Chapter 770 Oregon Laws 1999
Session Law
AN ACT
HB 2196
Relating to driving
privileges; amending ORS 807.090, 807.370, 807.530, 807.710, 809.280, 809.440,
813.602 and 813.606.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 807.090 is amended to read:
807.090. (1) If the Department of Transportation determines
that a person may be ineligible for a license because the person has a history
of any physical or mental disease or disability that may impair the person's
ability to safely operate a motor vehicle, the person may establish eligibility
for a license, notwithstanding the disability or disease:
(a) By personally demonstrating to the satisfaction of the
department that notwithstanding the disease or disability the person is qualified
to safely operate a motor vehicle; or
(b) If the department reasonably believes that, notwithstanding
the demonstration under paragraph (a) of this subsection, the person's disease
or disability may impair the ability of the person to safely operate a motor
vehicle, by obtaining a certificate of eligibility from the [Deputy Assistant Director for Health] State Health Officer under this
section.
(2) The [Deputy Assistant
Director for Health] State Health
Officer shall issue to the department a certificate of eligibility required
under this section if an applicant for a certificate establishes to the
satisfaction of the [Deputy Assistant
Director for Health] State Health
Officer that the person's disease or disability does not impair the ability
of the person to safely operate a motor vehicle. The [Deputy Assistant Director for Health] State Health Officer shall use the following to establish
qualification for a certificate of eligibility under this subsection:
(a) A report submitted by the applicant from the applicant's
physician, nurse practitioner or physician assistant of the applicant's
condition.
(b) If the applicant's condition apparently involves only
visual deficiencies, the department may require an applicant to submit a report
from a licensed optometrist or a licensed physician who specializes in
diagnosis and treatment of diseases of the eye.
(c) The [Deputy Assistant
Director for Health] State Health
Officer may require an examination and a written report of findings and
recommendations from a physician, nurse practitioner or physician assistant
designated by the [Deputy Assistant
Director for Health] State Health
Officer in addition to other reports submitted.
(3) If a person establishes eligibility for a license under
this section by obtaining a certificate of eligibility, the department may
require the person to reestablish eligibility at reasonable intervals. The
frequency of reestablishing eligibility under this subsection shall be
established by the [Deputy Assistant
Director for Health] State Health
Officer after reviewing recommendations from the physician, nurse
practitioner or physician assistant of the person required to reestablish
eligibility.
(4) The State Health
Officer may enter into an agreement with any physician, nurse practitioner or
physician assistant allowing the physician, nurse practitioner or physician
assistant to perform the duties assigned to the State Health Officer by this section.
SECTION 2.
ORS 807.710 is amended to read:
807.710. (1) All persons authorized by the State of Oregon to
diagnose and treat disorders of the nervous system shall report immediately to
the [Health Division] Department of Transportation every
person over 14 years of age diagnosed as having a disorder characterized by
momentary or prolonged lapses of consciousness or control that is, or may
become, chronic.
(2) Reports required under this section shall be upon forms
prescribed or provided by the [Health
Division, which shall publish names of the disorders to be reported] department. Each report shall include
the person's name, address, date of birth, sex, and the name of the disorder.
(3) [On or before the
15th day of each month the State Health Officer shall forward to the Department
of Transportation a copy of each report or a list of the information in all
reports received in the preceding calendar month as required by subsection (1)
of this section.] The reports required
by this section are confidential and shall be used by the department only
to determine the qualifications of persons to operate motor vehicles upon the
highways.
SECTION 3.
ORS 807.530 is amended to read:
807.530. (1) A person commits the offense of providing a false
application for a license if the person in applying for a license or driver
permit or for renewal or duplication thereof under the vehicle code knowingly:
(a) Uses or gives a false or fictitious name or identity;
(b) Gives or uses a false or fictitious address;
(c) Gives or uses a false age;
(d) Makes a false statement;
(e) Conceals a material fact;
(f) Uses or attempts to use false identification documents; [or]
(g) Allows another
person to take any test related to issuance of a license or permit on behalf of
the applicant; or
[(g)] (h) Otherwise commits fraud in the
application.
(2) The offense described in this section, providing a false
application for a license, is a Class A misdemeanor.
SECTION 4.
ORS 809.280 is amended to read:
809.280. (1) This section establishes the procedures the
Department of Transportation shall follow when a court orders or recommends the
suspension or revocation of driving privileges. This section also establishes
the period of time the revocation or suspension will be effective.
(2) When a court orders a suspension of driving privileges
under ORS 809.270, the department shall immediately make proper entry in its
files and records and take other action as necessary to implement the order.
The suspension shall remain in force until the department is notified by the
court that the suspension is ended, except that, if the department is ordered
to automatically restore the driving privileges upon the successful completion
of a program, the department shall do so and shall notify the judge that the
person has complied with the order of the judge.
(3) When a court recommends a suspension of driving privileges
under ORS 809.120, the department shall impose the suspension as recommended by
the court.
(4) When a court notifies the department under ORS 809.130 of
an unsettled judgment, the department shall suspend and, subject to any other
requirements of law, restore the driving privileges upon appropriate
notification from the court under ORS 809.130, except that the department shall
only impose the suspension after the department has determined that:
(a) The judgment was rendered against the person;
(b) The judgment has remained unsettled as described in ORS
809.470 for 60 days; and
(c) The judgment continues to be unsettled as described in ORS
809.470.
(5) When a court notifies the department under ORS 809.220 to
suspend for failure to appear, the department shall suspend the driving
privileges of the person for an indefinite period. The department shall
terminate the suspension upon notification by the court or upon the elapse of
five years from the date of suspension. A suspension under this subsection
shall be placed on the defendant's driving record. The department shall not
suspend any driving privileges under this subsection for a person's failure to
appear on a pedestrian or bicyclist offense.
(6) When a court sends the department a license or otherwise
notifies the department under ORS 810.310, the department shall suspend the
driving privileges of the person for an indefinite period. The department shall
terminate the suspension ordered under this section upon notification by the
court or upon the lapse of five years from the date of suspension, whichever
comes first.
(7) In addition to any other authority to suspend driving
privileges under the vehicle code, the department shall suspend all driving
privileges of any person upon receipt of an order of denial of driving
privileges under ORS 809.260. The suspension shall be imposed without hearing.
The driving privileges of the person shall be suspended as provided in the
following:
(a) Upon receipt of the first order denying driving privileges,
the department shall impose a suspension for one year, or until the person so
suspended reaches 17 years of age, whichever is longer.
(b) Upon receipt of a second or subsequent order denying
driving privileges, the department shall suspend for one year or until the
person reaches 18 years of age, whichever is longer.
(8) If the department receives notice from a court that it has
withdrawn an order issued under ORS 809.260, the department shall immediately
reinstate any driving privileges that have been suspended under subsection (7)
of this section because of the issuance of the order.
(9) When a court orders suspension of driving privileges under
ORS 165.805 or 471.430, the department shall impose the suspension as ordered
by the court.
(10) When a court orders a suspension of driving privileges
under ORS 809.265, the department shall immediately suspend all driving
privileges of the person. Upon receipt of an order suspending driving
privileges, the department shall impose a suspension for six months. [If the person does not have valid driving
privileges at the time of the conviction, the department shall delay issuance
of driving privileges to the person for a period of six months after the date
the person applies for the privileges and is otherwise eligible for them.]
(11) When a court orders revocation of driving privileges as
provided in ORS 809.235, the department shall impose the revocation as ordered.
The revocation shall remain in effect until the department is notified by a
court that the person's driving privileges have been ordered restored.
SECTION 5.
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 indorsements:
(1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
(a) For issuance, $15.
(b) For renewal fee under ORS 807.210, $9 plus an additional
fee of $1 under ORS 807.380, if applicable.
(2) Emergency driver permit fee under ORS 807.220, $11.
(3) Instruction driver permit issuance fee under ORS 807.280,
$13.
(4) License issuance fee for a Class C license, $20.
(5) License issuance fee for a restricted Class C license, $20.
(6) License issuance fee for a commercial driver license,
whether or not the license contains indorsements, $25.
(7) Test fees for a commercial driver license or permit:
(a) To take the knowledge test for a Class A commercial license
or permit, $3.
(b) To take the skills test for a Class A commercial license,
$56.
(c) To take the knowledge test for a Class B commercial license
or permit, $3.
(d) To take the skills test for a Class B commercial license,
$56.
(e) To take the knowledge test for a Class C commercial license
or permit, $3.
(f) To take the skills test for a Class C commercial license,
$56.
(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,
$33 in addition to the fee under subsection (6) of this section.
(9) For a farm indorsement, $13.
(10) Test fees for the knowledge test for indorsements other
than motorcycle and farm indorsements:
(a) For a hazardous materials indorsement, $3.
(b) For a tank vehicle indorsement, $3.
(c) For a passenger indorsement, $3.
(d) For a trailer indorsement, $3.
(11) Fee to take an airbrake knowledge test, $3.
(12) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
(13) License renewal fee for a commercial driver license, $14.
(14) License renewal fee for a Class C license, $10, plus an
additional fee of $1 under ORS 807.380, if applicable.
(15) License replacement fee under ORS 807.160, $11.
(16) Motor Vehicle Accident Fund eligibility fee under ORS
807.040 and 807.150, $4.
(17) Original indorsement issuance fee under ORS 807.170 for a
motorcycle indorsement, $23, in addition to any fees for the indorsed license.
(18) Permit replacement fee under ORS 807.220, 807.230, 807.280
and 807.290, $12.
(19) Special student driver permit fee under ORS 807.230, $11.
(20) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $2.
(21) Motorcycle Safety Subaccount fee as follows:
(a) Upon original issuance of motorcycle indorsements under ORS
807.170, $14.
(b) Upon renewal of a license with a motorcycle indorsement
under ORS 807.170, $14.
(22) Probationary driver permit application fee under ORS
807.270, $38.
(23) Probationary driver permit renewal fee under ORS 807.270,
$10.
(24) Hardship driver permit application fee under ORS 807.240,
$38.
(25) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $53.
(26) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $53.
(27) Safety Education Fund eligibility fee under ORS 807.040
and 807.150, 25 cents.
(28) 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.
SECTION 6.
ORS 809.440 is amended to read:
809.440. This section establishes hearing and administrative
review procedures to be followed when the Department of Transportation is
required to provide a hearing or an administrative review of an action.
(1) When other procedures described under this section are not
applicable to a suspension or revocation under ORS 809.410, the procedures
described in this subsection shall be applicable. All of the following apply to
this subsection:
(a) The hearing shall be given before the department imposes
the suspension or revocation of driving privileges or continues, modifies or
extends a suspension or revocation.
(b) Before the hearing, the department shall notify the person
in the manner described in ORS 809.430.
(c) The hearing shall be before a representative of the
department and shall be in the county where the person resides unless the
person and the department agree otherwise.
(d) Upon such hearing, the department, good cause appearing
therefor, may impose, continue, modify or extend the suspension or revocation
of the driving privileges.
(2) The following apply when administrative review is provided
under any statute or rule of the department:
(a) An administrative review shall consist of an informal administrative
process to assure prompt and careful review by the department of the documents
upon which an action is based.
(b) It shall be a defense to the department's action if a
petitioner can establish that:
(A) A conviction on which the department's action is based was
for an offense that did not involve a motor vehicle and the department's action is permitted only if the offense involves
a motor vehicle.
(B) An out-of-state conviction on which the department's action
is based was for an offense that is not comparable to an offense under Oregon
law.
(C) The records relied on by the department identify the wrong
person.
(c) A person requesting administrative review has the burden of
showing by a preponderance of the evidence that the person is not subject to
the action.
(d) Actions subject to administrative review shall be exempt
from the provisions of ORS 183.310 to 183.550 applicable to contested cases,
and from the provisions of subsection (4) of this section applicable to
post-imposition hearings. A suspension, revocation or cancellation shall not be
stayed during the administrative review process or by the filing of a petition
for judicial review. A court having jurisdiction may order the suspension,
revocation or cancellation stayed pending judicial review.
(e) Judicial review of a department order affirming a
suspension or revocation after an administrative review shall be available as
for review of orders other than contested cases, and the department may not be
subject to default for failure to appear in such proceedings. The department
shall certify its record to the court within 20 days after service upon the
department of the petition for judicial review.
(f) If the suspension or revocation is upheld on review by a
court, the suspension or revocation shall be imposed for the length of time
appropriate under the appropriate statute except that the time shall be reduced
by any time prior to the determination by the court that the suspension or
revocation was in effect and was not stayed.
(g) The department shall adopt any rules governing
administrative review that are considered necessary or convenient by the
department.
(3) When permitted under this section or under any other
statute, a hearing may be expedited under procedures adopted by the department
by rule. The procedures may include a limited time in which the person may
request a hearing, requirements for telephone hearings, expedited procedures
for issuing orders and expedited notice procedures.
(4) When permitted under ORS 809.410, a hearing may be a
post-imposition hearing under this subsection. A post-imposition hearing is a
hearing that occurs after the department imposes the suspension or revocation
of driving privileges or continues, modifies or extends a suspension or revocation.
All of the following apply to this subsection:
(a) The department must provide notice in the manner described
in ORS 809.430 before the suspension or revocation may take effect.
(b) Except as provided in this subsection, the hearing shall be
conducted as a contested case in accordance with ORS 183.310 to 183.550.
(c) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing shall be held
either in the county where the person resides or at any place within 100 miles,
as established by the department by rule.
(5) The department has complied with a requirement for a
hearing or administrative review if the department has provided an opportunity
for hearing or review and the person with the right to the hearing or review
has not requested it. Any request for hearing or review must be made in
writing.
(6) For any hearing described under this section, and for
administrative review described under this section, no further notice need be
given by the department if the suspension or revocation is based upon a
conviction and the court gives notice, in a form established by the department,
of the rights to a hearing or review and of the suspension or revocation.
SECTION 7.
ORS 813.602 is amended to read:
813.602. (1) When a person is convicted of driving while under
the influence of intoxicants in violation of ORS 813.010 or of a municipal
ordinance, the Department of Transportation, in addition to any other
requirement, shall require that an approved ignition interlock device be
installed and used in any vehicle operated by the person:
(a) Before the person is eligible for a hardship permit. The
requirement shall become a condition of the hardship permit for the duration of
the hardship permit.
(b) [As a condition of
full reinstatement of the person's driving privileges after the ending date of
the suspension resulting from the conviction. The department shall only require
a device under this paragraph] For the first six months after the ending
date of the suspension caused by the conviction. Violation of the condition
imposed under this paragraph is a Class A traffic infraction.
(2) If the court determines that approved ignition interlock
devices are reasonably available, the court may require as a condition of a
driving while under the influence of intoxicants diversion agreement that an
approved ignition interlock device be installed in any vehicle operated by the
person. Courts shall not exercise authority under this subsection during any
period the courts have notice from the Office of Economic Analysis of the
Oregon Department of Administrative Services that there are not sufficient
moneys in the Intoxicated Driver Program Fund to pay the costs under subsection
(4) of this section. The Office of Economic Analysis of the Oregon Department
of Administrative Services shall not issue any notice under this subsection if
federal funds are available to pay the cost of the interlock devices for
indigents and costs of analysis of the use of interlock devices.
(3) Except as provided in subsection (4) of this section, if an
ignition interlock system is ordered or required under subsection (1) or (2) of
this section, the person so ordered or required shall pay to the provider the
reasonable costs of leasing, installing and maintaining the device. A payment
schedule may be established for the person by the department.
(4) The department may waive, in whole or in part, or defer the
defendant's responsibility to pay all or part of the costs under subsection (3)
of this section if the defendant meets the criteria for indigence established
for waiving or deferring such costs under subsection (5) of this section. If
the defendant's responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (3) of this section shall be paid
from the Intoxicated Driver Program Fund.
(5) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs described
under subsection (3) of this section for indigence. The criteria shall be
consistent with the standards for indigence adopted by the Federal Government
for purposes of the food stamp program.
(6) At the end of the
suspension resulting from the conviction, the department shall suspend the
driving privileges or right to apply for driving privileges of a person who [fails to install or use an ignition
interlock device] has not submitted
proof to the department that an ignition interlock device has been installed
when required under subsection (1)(b) of this section, or who tampers with an
ignition interlock device after it has been installed. The suspension shall
continue until six months after the ending date of the suspension resulting
from the conviction. A person whose driving privileges or right to apply for
privileges is suspended under this subsection is entitled to administrative
review, as described in ORS 809.440, of the action.
(7) The department shall adopt rules permitting medical
exemptions from the requirements of installation and use of an ignition
interlock device under subsection (1) of this section.
SECTION 8.
ORS 813.606 is amended to read:
813.606. Notwithstanding ORS 813.604, if a person is required,
in the course and scope of the person's employment, to operate a motor vehicle
owned by the person's employer, the person may operate that vehicle without
installation of an ignition interlock device if:
(1) The employer has been notified that the employee is
operating with a hardship permit restricted as provided in ORS 813.604 or the employee is operating on a fully
reinstated license within the first six months following suspension for driving
while under the influence of intoxicants; and
(2) The employee has proof of the notification or fully reinstated license in the
possession of the employee while operating the employer's vehicle in the course
of employment.
Approved by the Governor
July 19, 1999
Filed in the office of
Secretary of State July 19, 1999
Effective date October 23,
1999
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