Chapter 806 — Financial
Responsibility Law
2011 EDITION
FINANCIAL RESPONSIBILITY LAW
OREGON VEHICLE CODE
GENERAL PROVISIONS
806.010 Driving
uninsured prohibited; penalty
806.011 Insurance
card required; rules
806.012 Failure
to carry proof of compliance with financial responsibility requirements; rules;
penalty
806.020 Exemptions
from financial responsibility requirements
806.040 Judgments
for which financial responsibility requirements established
806.050 Falsification
of financial responsibility; penalty
806.055 Giving
false information about liability insurance to police officer; penalty
REQUIREMENTS
(Generally)
806.060 Methods
of compliance
806.070 Minimum
payment schedule
806.075 Insurance
requirements for person convicted of driving under influence of intoxicants
(Insurance)
806.080 Insurance
(Self-Insurance)
806.130 Self-insurance
806.140 Certificate;
issuance; cancellation
ENFORCEMENT
806.150 Department
verification program; rules
806.160 Demand
for proof of compliance
806.170 Department
check on financial certification on accident reports
806.180 Information
to be provided when certification of compliance required
806.190 Insurance
carrier report of person involved in accident who is in violation of ORS
806.010; civil liability
806.195 Information
submitted by insurers; rules; use
FUTURE RESPONSIBILITY FILINGS
806.200 Failure
to file after accident; penalty
806.210 Exemption
from requirement to file after accident
806.220 Failure
to file after failing verification; penalty
806.230 Failure
of previous violator to file
806.240 Proof
of compliance with future responsibility filing requirement; filing for
another; failure of proof to meet requirements
806.245 Termination
of future responsibility filing requirement; reasons
806.270 Certificate
of insurance; requirements; presumption of completeness
806.280 When
certificate of insurer not authorized to do business in this state may be used
806.290 Automatic
termination of insurance under future responsibility filing upon subsequent
filing
806.300 Failure
to surrender license and registration on cancellation of future responsibility
filing; penalty
GENERAL PROVISIONS
806.010 Driving uninsured prohibited;
penalty. (1) A person commits the offense of
driving uninsured if the person operates a motor vehicle in this state on any
highway or premises open to the public in this state without either:
(a)
The person being insured while driving the vehicle under a motor vehicle
liability insurance policy that meets the requirements described under ORS
806.080; or
(b)
The person or the owner of the vehicle providing the Department of
Transportation with other satisfactory proof of compliance with the financial
responsibility requirements of this state.
(2)
Exemptions from this section are established under ORS 806.020.
(3)
In addition to other penalties under this section the following apply:
(a)
A person who is involved in a motor vehicle accident at any time the person is
in violation of this section is subject to suspension of the person’s driving
privileges under ORS 809.417.
(b)
A person who is convicted of violating this section is subject to ORS 806.230,
if the person does not make future responsibility filings as required by that
section.
(4)
A person convicted for violation of this section must file with the department,
and thereafter maintain for a period of three years, proof of financial
responsibility that complies with ORS 806.060. Failure to comply with this
subsection is subject to ORS 809.415.
(5)
The offense described in this section, driving uninsured, is a Class B traffic
violation. [1983 c.338 §837; 1985 c.16 §422; 1985 c.714 §1; 1991 c.350 §1; 1991
c.702 §4; 2003 c.402 §12]
806.011 Insurance card required; rules.
An unexpired card issued as provided in ORS 742.447, or other current proof of
compliance with financial or future responsibility requirements approved by
rule by the Department of Transportation, shall be carried in each motor
vehicle that is operating in this state and that is not exempt from compliance
with financial or future responsibility requirements. Failure of the driver of
a motor vehicle to show a valid card or other proof of compliance when asked to
do so by a police officer is reasonable grounds for the officer to believe that
the person is operating the vehicle in violation of ORS 806.010. [1993 c.746 §2]
806.012 Failure to carry proof of
compliance with financial responsibility requirements; rules; penalty.
(1) A person commits the offense of failure to carry proof of compliance with
financial responsibility requirements if the person operates a motor vehicle in
this state and does not have in the vehicle current proof of compliance with
financial responsibility requirements.
(2)
The Department of Transportation shall determine by rule what constitutes proof
of compliance with financial responsibility requirements.
(3)
This section does not apply to persons operating motor vehicles that are exempt
from financial responsibility requirements by ORS 806.020.
(4)
The court shall dismiss any charge under this section if, prior to the court
appearance date listed on the citation, the person charged delivers to the
clerk of the court named on the citation proof of compliance with financial
responsibility requirements at the time of the violation.
(5)
The offense described in this section, failure to carry proof of compliance
with financial responsibility requirements, is a Class B traffic violation. [1993
c.751 §101; 2005 c.361 §1]
806.014 [1993
c.814 §§5,7; renumbered 809.715 in 1995]
806.016 [1993
c.814 §6; renumbered 809.716 in 1995]
806.020 Exemptions from financial responsibility
requirements. This section provides exemptions from
the necessity for compliance with or proof of compliance with financial
responsibility requirements in accident reports under ORS 811.725, when
applying for vehicle registration under ORS 803.370 or 803.460 and for
operating a vehicle under ORS 806.010. The owner or operator of a vehicle is
exempt, as provided by this section, from financial responsibility requirements
if the vehicle involved in the accident, sought to be registered or operated is
any of the following:
(1)
An antique motor vehicle issued permanent registration under ORS 805.010.
(2)
A farm trailer.
(3)
A farm tractor.
(4)
An implement of husbandry.
(5)
A motor vehicle of special interest that is maintained as a collector’s item
and used for exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
(6)
A snowmobile or a Class I, Class III or Class IV all-terrain vehicle.
(7)
Any motor vehicle not operated on any highway or premises open to the public in
this state.
(8)
A motor assisted scooter.
(9)
An electric personal assistive mobility device. [1983 c.338 §838; 1985 c.16 §423;
1987 c.217 §4; 1989 c.991 §32; 1993 c.751 §99; 2001 c.749 §22; 2003 c.341 §5;
2009 c.257 §1; 2011 c.360 §15]
806.030 [1983
c.338 §839; repealed by 2009 c.257 §11]
806.040 Judgments for which financial
responsibility requirements established. Financial
responsibility requirements are designed to provide for minimum payment of
judgments of the type described in this section. For the purposes of ORS
806.130, 806.140, 809.020, 809.130 and 809.470, judgments of the type described
in this section must:
(1)
Have become final by expiration, without appeal, of the time within which an
appeal might have been perfected or by final affirmation on appeal;
(2)
Be rendered by a court of competent jurisdiction of any state or of the United
States;
(3)
Be upon a cause of action for damages of the type described under subsection
(4) of this section or upon a cause of action on an agreement of settlement for
such damages; and
(4)
Be for one or more of the following kinds of damage arising out of a motor vehicle
accident on public or private property:
(a)
Damages, including damages for care and loss of services, because of bodily
injury to or death of any person.
(b)
Damages because of injury to or destruction of property, including the loss of
use thereof. [1983 c.338 §840; 1985 c.16 §424; 1987 c.258 §1; 1995 c.41 §4;
2003 c.175 §4; 2009 c.257 §10]
806.050 Falsification of financial
responsibility; penalty. (1) A person commits the offense
of falsification of financial responsibility if the person does any of the
following:
(a)
Forges or, without authority, signs any evidence of proof of compliance with
financial responsibility requirements.
(b)
Files or offers for filing any evidence of proof of compliance with financial
responsibility requirements knowing or having reason to believe that the proof
is forged or signed without authority.
(c)
Knowingly certifies falsely to the existence of motor vehicle liability
insurance meeting the requirements under ORS 806.080 or some other means of
satisfying the financial responsibility requirements or making a financial
responsibility filing.
(2)
A denial of coverage, signed by an officer or agent of an insurer, returned to
the Department of Transportation after inquiry from the department as to the
accuracy of a certification of the existence of liability insurance under ORS
806.150 or 811.725 is prima facie evidence of false certification.
(3)
Any person convicted of knowingly certifying falsely to the existence of motor
vehicle liability insurance or to the existence of some other means of
satisfying the financial responsibility requirements shall be imprisoned for no
less than three consecutive days. In no case shall the execution of the
punishment imposed by this section be suspended by the court, nor shall any
person subject to such punishment be sentenced to probation by the court.
(4)
A person who is convicted for violation of this section is subject to ORS
806.230 if the person does not make future responsibility filings as required
by that section.
(5)
The offense described in this section, falsification of financial
responsibility, is a Class B misdemeanor except that violation of subsection
(1)(c) of this section is a Class A misdemeanor. [1983 c.338 §841; 1985 c.16 §425;
1985 c.393 §62; 1993 c.14 §27]
806.055 Giving false information about
liability insurance to police officer; penalty.
(1) A person commits the offense of giving false information about liability
insurance to a police officer if the person knowingly gives false information
about the person’s motor vehicle liability insurance coverage to any police
officer who is enforcing motor vehicle laws.
(2)
The offense described in this section, giving false information about liability
insurance to a police officer, is a Class B misdemeanor. [1991 c.330 §2]
REQUIREMENTS
(Generally)
806.060 Methods of compliance.
A person who is required to comply with the financial responsibility
requirements of this state must be able to respond in damages, in amounts
required under this section, for liability on account of accidents arising out
of the ownership, operation, maintenance or use of motor vehicles and must
establish that ability by one of the methods required by this section. All of
the following apply to the financial responsibility requirements of this state:
(1)
To meet the financial responsibility requirements, a person must be able to
respond in damages in amounts not less than those established under the payment
schedule under ORS 806.070.
(2)
A person may only comply with the financial responsibility requirements of this
state by establishing the required ability to respond in damages in one of the
following ways:
(a)
Obtaining a motor vehicle liability policy meeting the requirements under ORS
806.080 that will provide at least minimum limits necessary to pay amounts
established under the payment schedule under ORS 806.070.
(b)
Becoming self-insured as provided under ORS 806.130. [1983 c.338 §842; 1985
c.16 §426; 1995 c.41 §5; 2003 c.175 §5]
806.070 Minimum payment schedule.
(1) This section establishes a schedule of payments for the following purposes:
(a)
An insurance policy described under ORS 806.080 must provide for payment of at
least amounts necessary to cover the minimum required payments under this
section to qualify for use for financial responsibility under ORS 806.060.
(b)
A person who is self-insured under ORS 806.130 must agree to pay according to
the payment schedule established by this section.
(c)
The payment schedule is the minimum required payment of a judgment for purposes
of ORS 809.020, 809.130 and 809.415.
(2)
The schedule of payments is as follows:
(a)
$25,000 because of bodily injury to or death of one person in any one accident;
(b)
Subject to that limit for one person, $50,000 because of bodily injury to or death
of two or more persons in any one accident; and
(c)
$20,000 because of injury to or destruction of the property of others in any
one accident. [1983 c.338 §843; 1985 c.16 §427; 1995 c.41 §6; 2003 c.175 §6;
2003 c.402 §13; 2009 c.66 §2]
806.075 Insurance requirements for person
convicted of driving under influence of intoxicants.
Notwithstanding any other provision of this chapter, a person convicted of
driving under the influence of intoxicants under ORS 813.010 is subject to the
following requirements for the method of complying with and the amounts needed
to meet financial responsibility requirements and for the duration of future
responsibility filings:
(1)
The person must have a certificate or certificates of insurance that meet the
requirements of ORS 806.270 except that the certificate or certificates must
show that the person is covered by insurance that provides at least:
(a)
$50,000 because of bodily injury to or death of one person in any one accident;
(b)
Subject to that limit for one person, $100,000 because of bodily injury to or
death of two or more persons in any one accident; and
(c)
$10,000 because of injury to or destruction of the property of others in any
one accident.
(2)
The person must maintain future responsibility filings showing insurance
coverage in the amounts specified in subsection (1) of this section for a
period of three years from the date that the first filing is required. [1987
c.774 §95; 1991 c.768 §9]
(Insurance)
806.080 Insurance.
(1) A motor vehicle liability insurance policy used to comply with financial
responsibility requirements under ORS 806.060 must meet all of the following
requirements:
(a)
It must be a policy or part of a policy designating, by explicit description or
by appropriate reference, all motor vehicles for which coverage is provided by
the policy.
(b)
It must insure the named insured and all other persons insured under the terms
of the policy against loss from the liabilities imposed by law for damages
arising out of the ownership, operation, use or maintenance of those motor
vehicles by persons insured under the policy. The policy must include in its
coverage all persons who, with the consent of the named insured, use the motor
vehicles insured under the policy, except for any person specifically excluded
from coverage under ORS 742.450.
(c)
It must provide the minimum limits of coverage required under ORS 806.070.
(2)
The requirements for the insurance may be fulfilled by the policies of one or
more insurance carriers which policies together meet such requirements. [1983
c.338 §844; 1991 c.768 §8]
806.090 [1983
c.338 §845; 1999 c.59 §238; repealed by 2003 c.175 §1]
806.100 [1983
c.338 §846; 1985 c.16 §428; repealed by 2003 c.175 §1]
806.110 [1983
c.338 §847; repealed by 1995 c.41 §9]
806.115 [1995
c.41 §2; repealed by 2003 c.175 §1]
806.120 [1983
c.338 §848; 1985 c.16 §429; repealed by 1995 c.41 §9]
(Self-Insurance)
806.130 Self-insurance.
(1) To qualify as a self-insurer for purposes of financial responsibility
requirements under ORS 806.060, a person must do all of the following:
(a)
Apply to the Department of Transportation and be issued by the department a
certificate of self-insurance under ORS 806.140.
(b)
Either:
(A)
Establish to the satisfaction of the department that the person possesses and
will continue to possess the ability to pay and discharge judgments described
under ORS 806.040 that might be obtained against the applicant; or
(B)
Be qualified under the laws of the State of Oregon or under an ordinance of a city
of this state to act as a self-insurer and be acting as a self-insurer.
(c)
Agree to provide the same coverage and to pay the same amounts with respect to
an accident occurring while the certificate is in force that an insurer would
be obligated to provide and to pay under a motor vehicle liability insurance
policy, including providing the coverage required under ORS 806.080 (1)(b) and
uninsured motorist coverage and liability coverage to at least the limits
specified in ORS 806.070.
(d)
Have more than 25 motor vehicles including commercial buses registered in the
person’s name.
(2)(a)
If an accident occurs while a certificate of self-insurance issued under ORS
806.140 is in force, the liability protection provided and the amounts paid
under subsection (1)(c) of this section are secondary to any motor vehicle
liability insurance or uninsured motorist coverage available to a customer of
the self-insurer, an operator of the self-insured vehicle or an occupant of the
self-insured vehicle unless otherwise agreed to by the self-insurer. A
self-insurer is required to provide the minimum payments established under ORS
742.502 and 806.070 only when the motor vehicle liability insurance policy of a
customer of the self-insurer or an operator of the self-insured vehicle does
not provide the minimum required payments established in ORS 742.502 and
806.070.
(b)
A self-insurer may recover from a customer of the self-insurer or an operator
of the self-insured vehicle the amounts paid under subsection (1)(c) of this section.
(3)
Nothing in this section requires a self-insurer to provide liability coverage
when a person is operating the vehicle without permission of the self-insurer. [1983
c.338 §849; 1985 c.16 §430; 2007 c.287 §1]
806.140 Certificate; issuance; cancellation.
(1) The Department of Transportation shall issue a certificate of
self-insurance for purposes of financial responsibility requirements under ORS
806.060 and future responsibility filings under ORS 806.240 to any person who
qualifies under ORS 806.130.
(2)
The department may cancel a certificate of self-insurance issued under this
section upon reasonable grounds. Failure to pay any judgment described under
ORS 806.040 within 30 days after it has become final constitutes reasonable
grounds for cancellation under this subsection. The department shall give not
less than five days’ notice and a hearing pursuant to such notice before the
department may cancel under this subsection. [1983 c.338 §850]
ENFORCEMENT
806.150 Department verification program;
rules. The Department of Transportation shall
provide a program of verification of compliance with financial responsibility
requirements under ORS 803.460 and 806.010. The program established by the
department under this section shall comply with all of the following:
(1)
The verification shall be based on motor vehicles registered in this state.
(2)
The department may select vehicles for verification when the department
considers the selection necessary or appropriate. The department may emphasize,
in accordance with rules adopted by the department, verification of vehicles
registered to individuals who:
(a)
Have been convicted of violating ORS 806.010;
(b)
Have submitted certifications of compliance with financial responsibility
requirements that have been previously found to be incorrect; or
(c)
The department has reasonable grounds to believe are not in compliance with
financial responsibility requirements.
(3)
When a vehicle is selected for verification under this section, the department
shall mail a letter and certification form described under ORS 806.180 to the
registered owner of the vehicle notifying the owner that the vehicle has been
selected for verification and requiring the owner to respond within 30 days and
certify that the owner is in compliance with financial responsibility
requirements as of the date of the letter. In addition, the department may seek
verification by communicating directly with an insurer or its designee.
(4)
Failure of an owner either to return the certification of compliance with
financial responsibility requirements to the department within 30 days after
mailing by the department or to certify compliance as of the date of the
letter, or a determination by the department that a certification is not
accurate constitutes reasonable grounds for the department to proceed with a
demand for verification under ORS 806.160.
(5)
The department shall investigate all certifications returned to the department
under this section as follows:
(a)
If the owner certifies the existence of insurance described under ORS 806.080,
the department shall forward the certification to the listed insurer to
determine whether the certification is correct. An insurer shall notify the
department if the certification is not correct.
(b)
The department may also determine the correctness of certifications of other
means of satisfying financial responsibility requirements for the vehicle.
(6)
No civil liability shall accrue to the insurer or any of its employees for
reports made to the department under this section when the reports are made in
good faith based on the most recent information available to the insurer. [1983
c.338 §851; 1985 c.16 §431; 1985 c.714 §2; 1987 c.158 §165; 1993 c.751 §29;
2005 c.142 §1]
806.160 Demand for proof of compliance.
(1) The Department of Transportation shall demand that a person provide the
department, within 30 days after the date of the mailing of the demand, with
satisfactory proof that the person is in compliance with the financial
responsibility requirements as of the date of the letter from the department
under ORS 806.150 if the department has reasonable grounds to believe that the
person was or is violating any of the following, whether or not the person has
been convicted of the violation:
(a)
Driving uninsured under ORS 806.010.
(b)
Falsification of financial responsibility under ORS 806.050.
(2)
If the person cannot provide the required proof within the required time, the
person is subject to penalty under ORS 806.220. [1983 c.338 §852; 1985 c.714 §3;
2001 c.104 §300; 2009 c.257 §2]
806.170 Department check on financial
certification on accident reports. The
Department of Transportation shall investigate all certifications of compliance
with financial responsibility requirements made on reports of accidents under
ORS 811.725 and 811.730. The department shall contact the insurers listed on
the certifications to determine whether each certification is accurate. If the
certification is not correct, an insurer shall notify the department no later
than 60 days after receiving a request from the department for verification of
the accuracy of the certification. [1983 c.338 §853; 2009 c.257 §3]
806.180 Information to be provided when
certification of compliance required. A person who
is required, under ORS 803.460 or 811.725, to certify compliance with financial
responsibility requirements shall comply with the following:
(1)
The person shall certify in a manner prescribed by the Department of
Transportation.
(2)
The applicant shall provide any information that the department requires.
(3)
If the person certified the existence of a motor vehicle liability insurance
policy described under ORS 806.080, the person shall report at least the
following information:
(a)
The name of the insurer issuing the policy; and
(b)
The policy number, insurance producer’s binder number or any other number that
identifies the policy. [1983 c.338 §854; 1985 c.714 §4; 1987 c.158 §166; 1993
c.751 §30; 2003 c.364 §172]
806.190 Insurance carrier report of person
involved in accident who is in violation of ORS 806.010; civil liability.
(1) Every insurance carrier that issues property and casualty insurance
policies, as defined in ORS chapter 731, in this state shall report to the
Department of Transportation any person the carrier has reason to believe is
involved in an accident while the person is operating a vehicle in violation of
ORS 806.010. The carrier shall make the report required by this section whether
or not the accident:
(a)
Is a reportable accident under ORS 811.720; or
(b)
Occurred on a highway or on any other premises open to the public.
(2)
An insurance carrier shall file the report no later than 60 days after the
carrier first has reason to believe that a person was involved in an accident
while the person was operating a vehicle in violation of ORS 806.010.
(3)
No civil liability shall accrue to an insurance carrier or any of its employees
for reports made to the department under this section when the reports are made
in good faith. [Formerly 486.097 and then 743.774; 2001 c.827 §6; 2003 c.364 §173;
2009 c.257 §4]
806.195 Information submitted by insurers;
rules; use. (1) The Department of Transportation
shall specify by rule:
(a)
Any information that insurers shall submit to the department in addition to
that specifically required by ORS 742.580.
(b)
The form in which the information required by ORS 742.580 and by rules adopted
under this section shall be submitted.
(2)
Information submitted to the department in accordance with ORS 742.580 and with
rules adopted under this section shall be:
(a)
Entered into a computer system maintained by the department; and
(b)
Made available to police officers in the most timely and efficient way
possible. [1993 c.746 §6; 2001 c.104 §301]
FUTURE RESPONSIBILITY FILINGS
806.200 Failure to file after accident;
penalty. (1) A person commits the offense of
failure to make a future responsibility filing after an accident if:
(a)
The person is the owner or driver of a motor vehicle involved in an accident;
(b)
At the time of the accident the vehicle was operated in violation of ORS
806.010;
(c)
The person does not make a future responsibility filing within 30 days after
the accident; and
(d)
The person is not exempt under ORS 806.210 from making a future responsibility
filing.
(2)
The employer of a driver is subject to the requirements and penalties under
this section if the driver is an employee exempted from this section under ORS
806.210. If an employer is subject to this section, the registration of the
employer’s vehicles may be suspended as provided under ORS 809.050.
(3)
In addition to any other penalties under this section, violation of this
section subjects the violator to suspension of driving privileges as provided
under ORS 809.415.
(4)
The offense described in this section, failure to make a future responsibility
filing after an accident, is a Class B traffic violation. [1983 c.338 §855;
1985 c.393 §63; 2003 c.402 §14; 2009 c.257 §5]
806.210 Exemption from requirement to file
after accident. As appropriate, the driver or
the owner, or both, are exempt from the requirement under ORS 806.200 to make a
future responsibility filing if the person claiming exemption furnishes to the
Department of Transportation proof of any of the following:
(1)
At the time of the accident the driver was operating a vehicle owned by or
leased to and operated under the direction of the United States of America,
this state or any municipality or subdivision thereof.
(2)
At the time of the accident the vehicle was lawfully parked.
(3)
Such liability as may arise from the driver’s operation of the vehicle involved
in the accident was covered by some form of liability insurance which complies
with the financial responsibility requirements.
(4)
The owner of the vehicle involved in the accident was a self-insurer under ORS
806.130.
(5)
The vehicle involved in the accident was being operated under a permit issued
by the department under ORS chapter 825.
(6)
At the time of the accident the owner’s vehicle was being operated without the
owner’s permission, expressed or implied, or was parked by a person who had
been operating such vehicle without the owner’s permission unless the vehicle
at the time of its taking had been left unattended in a condition prohibited by
a regulation or ordinance designed to prevent the operation of vehicles by
unauthorized persons. This subsection only exempts owners of vehicles who
qualify.
(7)
At the time of the accident, the driver was operating a vehicle owned, operated
or leased by the driver’s employer with the permission of that employer. This
subsection only exempts drivers of vehicles. Owners remain subject as provided
under ORS 806.200. [1983 c.338 §856; 1995 c.733 §87; 2003 c.175 §7]
806.220 Failure to file after failing
verification; penalty. (1) A person commits the offense
of failure to make future responsibility filing after failing verification if
the person:
(a)
Is unable to provide satisfactory proof of compliance with financial
responsibility requirements as of the date of the letter of verification from
the Department of Transportation under ORS 806.150 upon the demand of the
department under ORS 806.160 within the time required by that section; and
(b)
Does not, within 60 days after the date of the mailing of the demand by the
department under ORS 806.160, make a future responsibility filing.
(2)
The offense described in this section, failure to make future responsibility
filing after failing verification, is a Class B traffic violation. [1983 c.338 §857;
1985 c.393 §64; 1985 c.714 §5]
806.230 Failure of previous violator to
file. (1) A person commits the offense of
failure of a previous violator to make a future responsibility filing if the
person is convicted of a violation of ORS 806.010 or 806.050 and the person
does not make a future responsibility filing within 30 days after the
conviction.
(2)
In addition to any other penalties under this section, a violator of this
section is subject to suspension of driving privileges under ORS 809.415.
(3)
The offense described in this section, failure of a previous violator to make
future responsibility filing, is a Class A traffic violation. [1983 c.338 §858;
1985 c.393 §65; 2003 c.402 §15]
806.240 Proof of compliance with future
responsibility filing requirement; filing for another; failure of proof to meet
requirements. Future responsibility filings required
by ORS 806.200, 806.220 or 806.230 or by any other law of this state are
subject to all of the following:
(1)
Except as provided in subsection (3) of this section, the person required to
make the filing must file with the Department of Transportation, or have filed
with the department for the benefit of the person, proof that meets the
requirements of this section and must maintain the proof as required under ORS
806.245. The filing is made on the date it is received by the department if it
is received during regular business hours.
(2)
The proof filed under subsection (1) of this section must be:
(a)
A certificate or certificates of insurance that meet the requirements under ORS
806.270; or
(b)
A valid certificate of self-insurance issued by the department under ORS
806.130.
(3)
The owner of a motor vehicle may make a future responsibility filing under this
section on behalf of the owner’s employee or a member of the owner’s immediate
family or household in lieu of the filing being made by the person. Filing
under this subsection permits the person on whose behalf the filing is made to
operate only a motor vehicle covered by the proof given in the filing. The
department shall endorse restrictions, as appropriate, on any license or driver
permit the person holds as the department determines necessary to limit the
person’s ability to operate vehicles consistent with this subsection.
(4)
Whenever proof filed under this section no longer meets the requirements of
this section, the department shall require the furnishing of other proof for
the future responsibility filing. If other proof is not furnished, the
department shall suspend the driving privileges of the person as provided under
ORS 809.415 or, if applicable, any registration as provided under ORS 809.050. [1983
c.338 §859; 1987 c.258 §2; 1995 c.41 §7; 2003 c.14 §466; 2003 c.175 §8; 2003
c.402 §16; 2009 c.257 §6]
806.245 Termination of future
responsibility filing requirement; reasons. A
termination of the requirement to maintain a future responsibility filing does
not remove a person’s responsibility to comply with financial responsibility
requirements. The Department of Transportation shall terminate requirements for
a future responsibility filing when any of the following occurs:
(1)
The person on whose behalf the filing was made dies.
(2)
More than three years have passed from the date the filing was required.
(3)
A person on whose behalf the filing was made requests termination and either:
(a)
The person was required to file because of an error committed by the
department; or
(b)
The person was required to file because of an error committed by an insurance
company in notifying the department regarding the correctness of a certification
under ORS 806.150.
(4)
A person who was required to file because of failure to respond to a department
demand under ORS 806.160 requests termination and the department determines
either:
(a)
That the person was in fact in compliance with financial responsibility
requirements as of the date of the department’s letter of verification under
ORS 806.150; or
(b)
That the person reasonably and in good faith believed that the person was in
compliance with financial responsibility requirements on the date of the
department’s letter of verification.
(5)
A person who was required to file because of failure to prove under ORS 806.210
that the person was in compliance with financial responsibility requirements
requests termination and the department determines either:
(a)
That the person was in fact in compliance with financial responsibility
requirements at the time of the accident; or
(b)
That the person reasonably and in good faith believed that the person was in
compliance with financial responsibility requirements at the time of the
accident.
(6)
A person’s hardship permit expires and the filing was required only for
issuance of the hardship permit under ORS 807.240. [1987 c.258 §4; 2009 c.257 §7]
806.250 [1983
c.338 §860; 1985 c.16 §432; 1985 c.714 §9; 1987 c.158 §167; 1987 c.258 §5;
repealed by 2009 c.257 §11]
806.255 [1987
c.258 §7; repealed by 2009 c.257 §11]
806.260 [1983
c.338 §861; repealed by 2003 c.175 §1]
806.270 Certificate of insurance;
requirements; presumption of completeness. (1) A
certificate of insurance that is used to comply with future responsibility
filing requirements under ORS 806.240 is subject to all of the following:
(a)
Except as provided by ORS 806.280, the certificate must be issued by an
insurance carrier doing business in this state.
(b)
The certificate must show that the person required to make the future
responsibility filing is covered by insurance that provides minimum coverage
necessary for payment of the schedule of payments under ORS 806.070.
(c)
The certificate must show that the person required to make the future
responsibility filing is either:
(A)
Insured by a policy meeting the requirements under ORS 806.080 that also covers
all other persons who, with the consent of the insured, use the vehicles owned
by the person making the filing; or
(B)
Insured against loss arising from liabilities imposed by law for damages
arising out of the ownership, operation, use or maintenance of motor vehicles
not owned by the person required to make the filing.
(d)
The certificate must:
(A)
Include the effective date of the certification;
(B)
Contain the policy number; and
(C)
Describe all vehicles covered by the policy unless the policy is issued with
respect to all vehicles operated by the insured.
(e)
The certificate must provide that the insurers will give the Department of
Transportation notice of any cancellation of the policy within 10 days after
the effective date of the cancellation or termination. The notice requirement
under this paragraph does not apply where the insurance is terminated under ORS
806.290.
(2)
The certificate or certificates must cover all vehicles that are registered in
the name of or operated by the person, except vehicles that are in storage and
for which the current registration plates and cards have been surrendered to
the department.
(3)
Unless the department has reason to believe otherwise, the department may
presume that the certificate covers all vehicles described in subsection (2) of
this section.
(4)
The requirements under this section may be fulfilled by the policies of one or
more insurance carriers. [1983 c.338 §862; 1985 c.16 §433; 1993 c.751 §31; 1999
c.59 §239; 2003 c.174 §1; 2009 c.257 §8]
806.280 When certificate of insurer not
authorized to do business in this state may be used.
The Department of Transportation may not accept a certificate of insurance for
purposes of future responsibility filings from an insurer that is not
authorized to do business in Oregon unless the insurer is an eligible surplus
lines insurer as defined in ORS 735.405 or a risk retention group as defined in
ORS 735.305. [1983 c.338 §863; 2003 c.175 §9; 2009 c.257 §9]
806.290 Automatic termination of insurance
under future responsibility filing upon subsequent filing.
An insurance policy for which a certificate of insurance is filed to comply
with future responsibility requirements is terminated with respect to any
operator or vehicle designated in the certificate if the operator or vehicle is
also covered by an insurance policy subsequently procured and certified to the
Department of Transportation. The date of termination under this section is the
date the subsequent certificate is filed with the department. [1983 c.338 §864]
806.300 Failure to surrender license and
registration on cancellation of future responsibility filing; penalty.
(1) A person commits the offense of failure to surrender license and
registration on cancellation of future responsibility filing if the person does
not immediately return the person’s license or driver permit and registration
to the Department of Transportation when any of the following occur:
(a)
A policy of insurance required under ORS 806.240 is canceled or terminated.
(b)
The person neglects to furnish other proof for a future responsibility filing
upon request of the department.
(2)
If any person fails to return to the department the license, driver permit or
registration, the department may request any peace officer to secure possession
thereof and return it to the department.
(3)
The offense described in this section, failure to surrender license and
registration on cancellation of future responsibility filing, is a Class C
misdemeanor. [1983 c.338 §865; 1985 c.16 §434; 1985 c.393 §66; 2003 c.175 §10]
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