Chapter 796 Oregon Laws 1999

Session Law

AN ACT

SB 1207

Relating to driving privileges; creating new provisions; amending ORS 809.240 and 809.410; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 809.410 is amended to read:

809.410. This section, ORS 813.400 and 813.403 establish grounds for the suspension and revocation of driving privileges and commercial driver licenses by the Department of Transportation, whether the suspension or revocation is mandatory or permissive, the length of time the suspensions will be effective and special provisions relating to certain suspensions and revocations. Hearing and administrative review procedures for this section, ORS 813.400 and 813.403 are established under ORS 809.440. The following apply as described:

(1) Any degree of murder, manslaughter[,] or criminally negligent homicide resulting from the operation of a motor vehicle and [or] assault in the first degree resulting from the operation of a motor vehicle [constitutes] constitute grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

[(b) The revocation shall be for a period described in this paragraph except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. The period of revocation shall be:]

[(A)] (b) [Except as provided in subparagraph (B) of this paragraph,] A person whose driving privileges or right to apply for driving privileges are revoked under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the offense, if the sentence for the offense includes incarceration. If the sentence does not include incarceration, the [period of revocation shall begin on the date the department receives the record of conviction] person may apply for reinstatement eight years from the date the department revoked the privileges or right to apply for privileges under this subsection. The department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

[(B) One year if the revocation is for an assault that is not punishable as a felony. The period of revocation shall begin on the date the person is released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the period of revocation shall begin on the date the department receives the record of conviction.]

(d) The provisions of this subsection do not apply to a person whose driving privileges are ordered revoked under ORS 809.235.

(2) Any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) A person is entitled to administrative review of a suspension under this subsection.

(c) A suspension under this subsection shall be for a period described under Schedule I of ORS 809.420, except that the department shall not reinstate any driving privileges to the person until the person has complied with future responsibility filings.

(3) Perjury or the making of a false affidavit to the department under any law of this state requiring the registration of vehicles or regulating their operation on the highways constitutes grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(b) The revocation shall be for a period of one year from the date of revocation except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(4) Any felony conviction with proof of a material element involving the operation of a motor vehicle constitutes grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(5) Failure to perform the duties of a driver to injured persons under ORS 811.705 constitutes grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(b) Except as provided in paragraph (c) of this subsection, the revocation shall be for a period of one year from the date of revocation except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) If the court indicates on the record of conviction that a person was killed as a result of the accident, the revocation shall be for a period of five years. [The period of revocation shall begin on the date the person is released from incarceration, if the sentence includes incarceration.] The person may apply for reinstatement of privileges five years after the date the person was released from incarceration. If the sentence does not include incarceration, the [period of revocation shall begin on the date the department receives the record of conviction] person may apply for reinstatement five years from the date the revocation was imposed under this subsection.

(d) A person is entitled to administrative review of a revocation under this subsection.

(6) Reckless driving constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) The suspension shall be for the periods of time described under Schedule I of ORS 809.420 except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(7) Failure to perform duties of a driver when property is damaged under ORS 811.700 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction of an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) The suspension shall be for the periods of time described under Schedule I of ORS 809.420 except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(8) Fleeing or attempting to elude a police officer under ORS 811.540 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) The suspension shall be for a period described under Schedule I of ORS 809.420 except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(9) Failure to file accident reports required under ORS 811.725 or 811.730 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges if the person fails to make the required accident reports.

(b) The suspension shall continue until the person makes the required reports and complies with future responsibility filings or for five years from the date of suspension, whichever is sooner.

(10) Failure to make future responsibility filing described in this subsection constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges of a person who fails to comply with future responsibility filings whenever required under the vehicle code or to provide new proof for future responsibility filings when requested by the department.

(b) The suspension shall continue until the person complies with future responsibility filings.

(c) A person whose initial obligation to make future responsibility filings is not based upon a conviction or other action by a court is entitled to a contested case hearing prior to a suspension under this subsection. A person whose obligation to make future responsibility filings is based upon a conviction or other action by a court is entitled to administrative review of a suspension under this subsection. A person whose suspension under this subsection is based on lapses in filing after the initial filing has been made is entitled to administrative review.

(11) Failure to settle judgments as described in this subsection constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges if a person has a judgment of the type described under ORS 806.040 rendered against the person and the person does not settle the judgment in the manner described under ORS 809.470 within 60 days after its entry.

(b) A suspension under this subsection shall continue until the person complies with future responsibility filings and does one of the following:

(A) Settles the judgment in the manner described in ORS 809.470.

(B) Has an insurer which has been found by the department to be obligated to pay the judgment provided that there has been no final adjudication by a court that such insurer has no such obligation.

(D) Receives from the court that rendered the judgment an order permitting the payment thereof in installments.

(12) False certification of financial responsibility requirements constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges if a person falsely certifies the existence of a motor vehicle liability insurance policy or the existence of some other means of satisfying financial responsibility requirements or if a person, after certifying the existence of a motor vehicle liability insurance policy or other means of satisfying the requirements, allows the policy to lapse or be canceled or otherwise fails to remain in compliance with financial responsibility requirements.

(b) The department shall only suspend under this subsection if proof of compliance with financial responsibility requirements as of the date of the letter of verification from the department under ORS 806.150 is not submitted within 30 days after the date of the mailing of the department's demand therefor under ORS 806.160.

(13) Failure to take examination upon request of the department under ORS 807.340 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges of a person if the department requests the person to submit to examination under ORS 807.340 and the person fails to appear within a reasonable length of time after being notified to do so or fails to satisfactorily complete the required examination.

(b) The suspension shall continue until the examination required by the department is successfully completed.

(c) Upon suspension under this subsection, the department may issue an identification card to the person for identification purposes as described under ORS 807.400.

(14) Failure to obtain required medical clearance under ORS 807.070 or 807.090 upon request by the department constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges of the person if the department requests the person to obtain medical clearance described by this subsection and the person fails to do so.

(b) The suspension under this subsection shall continue until the required medical clearance is received by the department.

(15) Causing or contributing to an accident resulting in death or injury to any other person or serious property damage through incompetence, recklessness, criminal negligence or unlawful operation of a motor vehicle constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department has reason to believe that the person may endanger people or property if not immediately suspended. Any suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440.

(b) A suspension under this subsection shall continue for a period determined by the department and be subject to any conditions the department determines necessary.

(16) Incompetence to drive a motor vehicle because of a mental or physical condition rendering it unsafe for a person to drive a motor vehicle upon the highways constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department has reason to believe that the person may endanger people or property if not immediately suspended. A suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440 except that a person who has submitted a certificate of eligibility under ORS 807.090 is entitled only to administrative review of a suspension.

(b) A suspension under this subsection shall continue for a period determined by the department and be subject to any conditions the department determines necessary.

(17) Habitual incompetence, recklessness or criminal negligence of a driver of a motor vehicle or committing a serious violation of the motor vehicle laws of this state constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(b) A suspension under this subsection shall continue for a period determined by the department and be subject to any conditions the department determines necessary.

(18) A conviction under ORS 811.700 or 811.705 for failure to perform the duties of a driver while operating a commercial motor vehicle or any conviction of a crime punishable as a felony involving the operation of a commercial motor vehicle constitutes grounds for commercial driver license suspension. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the commercial driver license or right to apply for a commercial driver license of the person convicted.

(b) The suspension shall be for a period of time according to the following:

(A) If the person's commercial driver license has not previously been suspended under this subsection, ORS 813.403 or 813.410 (2) and the person was not driving a commercial motor vehicle containing a hazardous material at the time the offense was committed, the suspension shall be for a period of one year.

(B) If the person's commercial driver license has not previously been suspended under this subsection, ORS 813.403 or 813.410 (2) and the person was driving a commercial motor vehicle containing a hazardous material at the time the offense was committed, the suspension shall be for a period of three years.

(C) If the person's commercial driver license has previously been suspended under this subsection, ORS 813.403 or 813.410 (2), the suspension shall be for the lifetime of the person.

(19) Use of a commercial motor vehicle in the commission of a crime punishable as a felony involving the manufacturing, distributing or dispensing of a controlled substance constitutes grounds for commercial driver license suspension. The following apply to this subsection:

(b) The suspension shall be for the lifetime of the person.

(d) "Controlled substance" has the meaning given that term in ORS 475.005 (6).

(20) Incompetence to operate a motorcycle constitutes grounds for revocation of a motorcycle indorsement. The following apply to this subsection:

(a) Whenever the department has reason to believe an individual with a motorcycle indorsement under ORS 807.170 comes within the grounds described in this subsection, the department may revoke the indorsement.

(b) Upon revocation under this subsection, the license shall be surrendered to the department.

(c) Upon surrender of the indorsed license, the department may issue a license without indorsement for the unexpired period of the license.

(21) The department forthwith shall suspend the driving privileges of any person for a period of time required by this subsection if the person is involved in a motor vehicle accident at any time when the department determines the person has been operating a vehicle in violation of ORS 806.010. A suspension under this subsection shall be for a period of one year except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filing requirements.

(22) Upon notification by the superintendent of a hospital under ORS 807.700 that a person should not drive, the department shall immediately suspend the driving privileges of the released person. A suspension under this subsection is subject to administrative review and shall continue until such time as the person produces a judicial decree of competency or a certificate from the superintendent of the hospital that the person is competent or establishes eligibility under ORS 807.090.

(23) Upon notification by a court under ORS 153.625 that a person charged with a traffic offense has been found guilty except for insanity and committed to the jurisdiction of the Psychiatric Security Review Board, the department shall immediately suspend the driving privileges of the person. A suspension under this subsection is subject to administrative review and shall continue until such time as the person establishes eligibility under ORS 807.090.

(24) The department shall suspend driving privileges when provided under ORS 809.290. The suspension shall continue until the earlier of the following:

(a) The person establishes to the satisfaction of the department that the person has performed all acts necessary under ORS 809.290 to make the person not subject to suspension.

(b) Five years from the date the suspension is imposed.

(25) Criminal trespass under ORS 164.245 that involves the operation of a motor vehicle constitutes grounds for suspension of driving privileges. The following apply to suspension on grounds described in this subsection:

(a) Upon receipt of a conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges of the person convicted for a period of six months from the date of suspension.

(b) A person is entitled to administrative review of a suspension under this subsection.

(26) Agreements entered under ORS 802.530 may establish grounds and procedures for the suspension of driving privileges.

(27) Violation of restrictions placed on driving privileges under ORS 807.120 or 809.310 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department receives satisfactory evidence that the person has violated restrictions placed on the person's driving privileges. Any suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440.

(b) A suspension under this subsection shall continue for a period determined by the department, but in no event for longer than one year, and shall be subject to any conditions the department determines necessary.

(28)(a) The department shall suspend driving privileges as provided under ORS 809.405.

(b) The suspension shall continue until the person reaches 18 years of age or until the suspension is terminated as provided in ORS 809.405.

(29) Upon receipt of a record of a person's second conviction of a serious traffic violation within a three-year period, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 60 days. A person is entitled to administrative review of a suspension under this subsection.

(30) Upon receipt of a record of a person's third or subsequent conviction of a serious traffic violation within a three-year period, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 120 days. A person is entitled to administrative review of a suspension under this subsection.

(31)(a) Upon receipt of a record of conviction of an offense described in ORS 809.310, the department shall, or upon determination by the department that the person has committed an act that constitutes such an offense, the department may suspend any driving privileges, any right to apply for privileges or any identification card of the person convicted or determined to have committed the act.

(b) A suspension under this subsection shall continue for a period of one year.

(c) A person is entitled to administrative review of a suspension under this subsection if the suspension is based upon a conviction. If the suspension is based upon a determination by the department, the person is entitled to a hearing as described in ORS 809.440.

(32) Except as otherwise provided in subsection (34) of this section, upon receipt of a first notice indicating that a person has violated an out-of-service order issued under ORS 813.050 or has knowingly violated any other out-of-service order or notice, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of 90 days. For purposes of this subsection, "notice" includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(33) Except as otherwise provided in subsection (35) of this section, upon receipt of a second or subsequent notice within a 10-year period indicating that a person has violated an out-of-service order issued under ORS 813.050 or has knowingly violated any other out-of-service order or notice, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of three years. For purposes of this subsection, "notice" includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(34) Upon receipt of a first notice indicating that a person has violated an out-of-service order while transporting hazardous materials required to be placarded, or while operating a motor vehicle designed to transport 16 or more persons, including the driver, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of one year. For purposes of this subsection, "notice" includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(35) Upon receipt of a second or subsequent notice within a 10-year period indicating that a person has violated an out-of-service order, if the person was transporting hazardous materials required to be placarded, or was operating a motor vehicle designed to transport 16 or more persons, including the driver, then regardless of the load or kind of vehicle involved in the first notice, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of five years. For purposes of this subsection, "notice" includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(36) Upon receipt of a record of a person's conviction of reckless endangerment of highway workers under ORS 811.231 (1), the department shall suspend the person's driving privileges or right to apply for driving privileges. The suspension shall be for periods of time described under Schedule I of ORS 809.420 except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. A person is entitled to administrative review of a suspension under this subsection.

(37) Upon notification by a school superintendent or a school district board under ORS 339.254, the department shall suspend the driving privileges of a person or the right to apply for driving privileges. The suspension shall be for the amount of time stated in the notice. A person is entitled to administrative review of a suspension under this subsection.

(38)(a) Assault in the second, third or fourth degree resulting from the operation of a motor vehicle constitutes grounds for suspension of driving privileges. Upon receipt of a record of conviction for assault in the second, third or fourth degree, the department shall suspend the driving privileges or right to apply for driving privileges of the person convicted.

(b) A person who is convicted of assault in the second degree and whose driving privileges or right to apply for driving privileges are suspended under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges eight years from the date the department suspended the privileges or right to apply for privileges under this subsection.

(c) A person who is convicted of assault in the third degree and whose driving privileges or right to apply for driving privileges are suspended under this subsection may apply for reinstatement of driving privileges five years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges five years from the date the department suspended the privileges or right to apply for privileges under this subsection.

(d) A person who is convicted of assault in the fourth degree and whose driving privileges or right to apply for driving privileges are suspended under this subsection may apply for reinstatement of driving privileges one year from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges or right to apply for driving privileges one year from the date the department suspended the privileges or right to apply for privileges under this subsection.

(e) The department shall not reinstate any driving privileges to the person whose privileges are suspended under this subsection until the person complies with future responsibility filings.

(f) A person is entitled to administrative review of a suspension under this subsection.

SECTION 2. Section 3 of this 1999 Act is added to and made a part of ORS chapter 807.

SECTION 3. (1) The Department of Transportation may not issue a hardship permit to a person whose driving privileges are suspended for conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of a major traffic offense as defined in ORS 153.500 or of any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle. A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of this subsection.

(2) The department may not issue a hardship permit to a person whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:

(a) For a period of four years from the date the department suspends driving privileges if the person's driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.

(b) For a period of four years from the date the person is released from incarceration for the conviction if the person's driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.

(c) For a period of two years from the date the department suspends driving privileges if the person's driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.

(d) For a period of two years from the date the person is released from incarceration for the conviction if the person's driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.

(e) For a period of six months from the date the department suspends driving privileges if the person's driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.

(f) For a period of six months from the date the person is released from incarceration for the conviction if the person's driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.

(3) A hardship permit issued to a person whose driving privileges are suspended because of a conviction for assault in the second, third or fourth degree shall limit the person's driving privileges:

(a) To the times, places, routes and days the department determines to be minimally necessary for the person to retain employment, to attend any alcohol treatment or rehabilitation program or to obtain required medical treatment for the person or a member of the person's immediate family; and

(b) To times, places, routes and days that are specifically stated.

(4) The person's driving privileges under the permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit.

(5) The department may require the person to complete a driver improvement program under ORS 809.480 as a condition of the permit.

(6) The department shall condition the permit so that the permit will be revoked if the person is convicted of any of the following:

(a) Reckless driving under ORS 811.140.

(b) Driving under the influence of intoxicants under ORS 813.010.

(c) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

(d) Fleeing or attempting to elude a police officer under ORS 811.540.

(e) Driving while suspended or revoked under ORS 811.175 or 811.182.

(f) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle.

SECTION 4. ORS 807.240 is amended to read:

807.240. The Department of Transportation shall provide for issuance of hardship driver permits in a manner consistent with this section. A hardship driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a hardship driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license. The following apply to a hardship driver permit:

(1) The department shall only issue a permit to a person whose driving privileges under the vehicle code have been suspended.

(2) Except as provided in ORS 813.520, the department may reinstate the privilege to operate a motor vehicle of any person whose license to operate a motor vehicle has been suspended by issuing the person a hardship permit described under this section if such person qualifies under this section, ORS 807.250 and 813.500 and section 3 of this 1999 Act. However, the department shall not issue a hardship permit authorizing a person to drive a commercial motor vehicle if the person's commercial driver license is suspended independently of a suspension of the person's Class C license.

(3) To qualify for a hardship permit, a person must do all of the following in addition to any applicable provisions under ORS 807.250 and 813.500 and section 3 of this 1999 Act:

(a) The person must submit to the department an application for the permit that demonstrates the person's need for the permit.

(b) The person must present satisfactory evidence, as determined by the department by rule:

(A) That the person must operate a motor vehicle as a requisite of the person's occupation or employment;

(B) That the person must operate a motor vehicle to get to or from a place of employment;

(D) That the person or a member of the person's immediate family requires medical treatment on a regular basis and that the person must operate a motor vehicle in order that the treatment may be obtained; or

(E) That the person's driving privileges are suspended for driving uninsured in violation of ORS 806.010 or for violation of ORS 165.805 or 471.430 and are not suspended for any other reason and that the person must operate a motor vehicle in order to provide necessary services to the person or to a member of the person's family. The department shall determine by rule what constitutes necessary services for purposes of this subparagraph. The rule shall include as necessary services, but need not be limited to, grocery shopping, driving the person or the person's children to school, driving to medical appointments and caring for elderly family members.

(c) If the person is applying for a permit because the person or a member of the person's immediate family requires medical treatment on a regular basis, the person must present, in addition to any evidence required by the department under paragraph (b) of this subsection, a statement signed by a licensed physician that indicates that the person or a member of the person's immediate family requires medical treatment on a regular basis.

(d) The person must show that the person is not incompetent to drive nor a habitual incompetent, reckless or criminally negligent driver as established by the person's driving record in this or any other jurisdiction.

(e) The person must make a future responsibility filing.

(f) The person must submit any other information the department may require for purposes of determining whether the person qualifies under this section, ORS 807.250, 813.500 and 813.520 and section 3 of this 1999 Act.

(4) If the department finds that the person meets the requirements of this section and any applicable requirements under ORS 807.250, 813.500 and 813.520 and section 3 of this 1999 Act, the department may issue the person a hardship permit, valid for the duration of the suspension or for a shorter period of time established by the department unless sooner suspended or revoked under this section. If the department issues the permit for a period shorter than the suspension period, renewal of the permit shall be on such terms and conditions as the department may require. The permit:

(a) Shall limit the holder to operation of a motor vehicle only during specified times.

(b) May bear other reasonable limitations relating to the hardship permit or the operation of a motor vehicle that the department deems proper or necessary. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 or 811.182.

(5) The department, upon receiving satisfactory evidence of any violation of the limitations of a permit issued under this section or limitations placed on a hardship permit under ORS 813.510 or section 3 of this 1999 Act, may suspend or revoke the hardship permit. If the evidence of violation consists of notice from a court as specified in ORS 809.140, the person is entitled to administrative review of a suspension or revocation under this subsection. If the department action is based on some other kind of evidence, a person issued a permit under this section is entitled to the hearings provided under ORS 809.360 and 809.440 upon suspension or revocation of the hardship permit.

(6) The fee charged for application or issuance of a hardship driver permit is the hardship driver permit application fee under ORS 807.370. The fee shall not be refunded if the application is denied or if the driver permit is suspended or revoked. The fee upon renewal of the driver permit shall be the same fee as that charged for renewal of a license. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370.

(7) The department may issue a permit granting the same driving privileges as those suspended or may issue a permit granting fewer driving privileges, as the department determines necessary to assure safe operation of motor vehicles by the permit holder.

SECTION 5. Notwithstanding section 3, chapter 661, Oregon Laws 1995:

(1) A person is not subject to the amendments to ORS 809.410 (1) by section 1, chapter 661, Oregon Laws 1995, if the person's driving privileges or right to apply for driving privileges were revoked under ORS 809.410 (1) and had been reinstated before September 9, 1995.

(2) Except as provided in subsection (3) of this section, a person whose driving privileges or right to apply for driving privileges were revoked under ORS 809.410 (1) and who was on parole, post-prison supervision or probation for the offense on September 9, 1995, may apply for reinstatement of driving privileges eight years after the date the original revocation was imposed.

(3) A person is eligible for suspension of driving privileges or for suspension of the right to apply for driving privileges under the terms and conditions provided in in ORS 809.410 (38) if the person was convicted of assault in the second, third or fourth degree prior to the effective date of this 1999 Act and either:

(a) The person's driving privileges or right to apply for driving privileges were revoked under ORS 809.410 (1) because of the conviction and have not been reinstated; or

(b) A revocation under ORS 809.410 (1) because of the conviction is pending on the effective date of this 1999 Act.

(4) If a person is eligible for suspension of driving privileges or suspension of the right to apply for driving privileges as provided in subsection (3) of this section, when the Department of Transportation receives an application from the person, the department shall change the revocation to a suspension under the terms and conditions provided in ORS 809.410 (38). For purposes of determining when a person may apply for reinstatement of driving privileges, the date the department suspended driving privileges or the right to apply for driving privileges is the date the department originally revoked the privileges or right to apply for privileges under ORS 809.410 (1) for a conviction of assault in the second, third or fourth degree.

SECTION 6. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date July 20, 1999

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