Chapter 809 — Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment

New sections of law were adopted by the Legislative Assembly during its 2012 regular session and are likely to be compiled in this ORS chapter. See sections in the following 2012 Oregon Laws chapters: 2012 Session Laws 0014

2011 EDITION

SUSPENSION AND REVOCATION; IMPOUNDMENT

OREGON VEHICLE CODE

SUSPENSION AND CANCELLATION OF REGISTRATIONS AND TITLES

809.010 Court-ordered suspension

809.020 Response to court-ordered suspension

809.030 Restoration fee

809.040 Hearing; notice; judicial review

809.050 Revocation or suspension of registration of employer for failure to make future responsibility filing

809.080 Failure to return suspended registration; penalty

809.090 Cancellation of registration or title for failure to qualify

809.095 Cancellation of registration for false certification of

compliance with financial responsibility requirements

809.100 Hearing on proposed cancellation or refusal; judicial review

809.110 Failure to surrender canceled registration or title; penalty

REGISTRATION, DRIVING PRIVILEGES OR IDENTIFICATION CARD

809.120 Court-ordered suspension of registration or driving privileges for weight violation

809.130 Suspension or revocation of registration or driving privileges for unsettled judgment

809.135 Refusal to issue, revocation or suspension of driving privileges, identification card, registration or title for failure to use same name

809.140 Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges

DRIVING PRIVILEGES

(Court-Ordered or Recommended Restrictions, Suspensions, Revocations or Denials)

809.210 Suspension or restriction of driving privileges for failure to pay fine or obey court order; exceptions

809.220 Failure to appear; suspension or other procedures

809.230 Court suspension or revocation of nonresident driving privileges

809.235 Permanent revocation of driving privileges upon conviction of certain crimes; restoration of privileges

809.240 Court-ordered suspension or revocation; taking possession of license or permit; temporary permit

809.260 Court-ordered suspension of driving privileges for convicted juvenile

809.265 Suspension for inhalant or controlled substances conviction

(Additional Authority of Court)

809.267 Additional fee upon notice of suspension or restriction

809.270 Driver improvement course; enforcement by suspension or restriction of privileges

(Procedures Following Court Suspension or Revocation)

809.275 Court to take possession of license or permit; effective date of suspension or revocation

809.280 Department procedures following court order of suspension or revocation; length of suspension or revocation

(Cancellation, Refusal to Issue, Suspension or Revocation)

809.310 Cancellation or suspension of driving privileges; grounds; surrender of license or permit; duration; reissuance of privileges

809.320 Cancellation on written request of parent or legal guardian

809.360 General provisions relating to suspension or revocation of driving privileges

809.380 Period of suspension; effect; reinstatement; fee

809.390 Period of revocation; effect; reinstatement; fee

809.400 Suspension or revocation for out-of-state conviction

809.404 Disqualification from holding commercial driver license

809.406 Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement

809.407 Suspension of commercial driver license for specified railroad crossing violations

809.409 Revocation for conviction of crime

809.411 Suspension for conviction of crime

809.412 Authority of juvenile court for suspension or revocation

809.413 Suspension of commercial driver licenses; length of suspension

809.415 Suspensions for conduct involving judgments, financial responsibility, dishonesty

809.416 When person subject to suspension under ORS 809.415; duration

809.417 Suspension for conduct regarding accidents

809.419 Suspensions for physical or mental condition or impairment

809.421 Suspensions for miscellaneous driving-related actions

809.423 Suspensions for nondriving-related actions by minors

809.428 Schedule of suspension or revocation periods for certain offenses

809.430 Notice of suspension, cancellation or revocation; contents; service

809.440 Hearing and administrative review procedures

809.450 Hearing for rescission of suspension for financial and future responsibility violations; grounds

809.460 Rescission of suspension or revocation upon appeal of underlying conviction

809.470 When judgment considered settled for purposes of suspension requirements

809.480 Driver improvement programs; rules; purpose; suspension; fee

809.490 Suspension or revocation of driving privileges of nonresident driver; reports to home state

809.500 Failure to return suspended, revoked or canceled license; penalty

(Habitual Offenders)

809.600 Kinds of offenses and number of convictions

809.605 Determination of which offenses count; rules

809.610 Restriction of driving privileges; notice; meeting

809.640 Procedures on habitual offender determination

809.650 Effect of habitual offender revocation

809.660 Restoration of privileges

VEHICLE IMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE

809.698 Definition of “vehicle immobilization device”

809.700 Court-ordered impoundment or immobilization upon conviction; grounds; duration; vehicles subject; return; security interest holder rights

809.702 Tampering with vehicle immobilization device; penalty

809.710 Authority to refuse to release vehicle to intoxicated person

809.716 Hearing on impoundment

809.720 Impoundment for specified offenses; grounds; notice; release

809.725 Notice following impoundment under city or county ordinance

809.730 Seizure of motor vehicle for civil forfeiture

809.735 Preemption of local forfeiture ordinances

SUSPENSION AND CANCELLATION OF REGISTRATIONS AND TITLES

809.010 Court-ordered suspension. A court shall order the Department of Transportation to suspend the registration of a motor vehicle required to be registered by the department upon conviction of the traffic offenses described in this section. The requirement to order the suspension of vehicle registration under this section is subject to all of the following:

(1) The court shall order the department to suspend the registration under this section when a person is convicted:

(a) Of driving a motor vehicle while the person’s license is suspended or revoked in violation of ORS 811.175 or 811.182; or

(b) On a second or subsequent charge of driving while under the influence of intoxicants in violation of ORS 813.010.

(2) The registration of the following vehicles shall be ordered suspended under this section:

(a) Any vehicle required to be registered by the department of which the convicted person is the owner.

(b) Any vehicle required to be registered by the department which the convicted person is operating at the time of the person’s arrest.

(3) A court may not issue an order to suspend the registration under this section for more than 120 days.

(4) Upon issuing an order to suspend the registration under this section, a court shall issue a copy of the order to the department for suspension according to ORS 809.020.

(5) The court may order, under this section, the department to suspend the registration of a motor vehicle of which the convicted person is not the owner only if the court is satisfied by clear and convincing evidence that the owner knew or had good reason to know that the convicted person:

(a) Did not have a valid license and knowingly consented to the operation of the vehicle by the convicted person; or

(b) Was operating the vehicle while under the influence of intoxicants. [1983 c.338 §386; 1985 c.16 §202; 1985 c.173 §6; 1987 c.730 §13; 1991 c.407 §30]

809.020 Response to court-ordered suspension. When the Department of Transportation receives an order from a court to suspend the registration of a vehicle, the department shall respond to the order as provided in this section based on the type of suspension. If the court orders the suspension of registration under:

(1) ORS 809.120, the department shall impose the suspension as ordered by the court.

(2) ORS 809.010, the department shall forthwith suspend the registration and require the owner to return the registration card and plates. When the department suspends a registration under this subsection the department shall:

(a) Destroy the registration card and plates; and

(b) Issue a new registration card and new plates to the owner upon expiration of the period specified by the court in its order upon payment by the owner to the department of a restoration fee established under ORS 809.030. The department may not charge the owner any fee for the card and plates other than the restoration fee.

(3) ORS 809.130, the department, after opportunity for hearing under ORS 809.040, shall suspend the registration of the person’s employer’s vehicles, until notified by the court to reinstate the registration and until the department receives proof of compliance with future responsibility filings from the employer, if the department determines that all of the following apply:

(a) A judgment of the type described under ORS 806.040 was rendered against the person.

(b) The judgment has remained unsettled as described by ORS 809.470 for 60 days.

(d) At the time of the accident that is the source of the judgment, the employee was driving, with the permission of the employer, a vehicle owned, operated or leased by the employer. [1983 c.338 §284; 1985 c.16 §116; 1999 c.359 §2; 2011 c.355 §28]

809.030 Restoration fee. The restoration fee for registration suspended under ORS 809.020 based on a court order under ORS 809.010 is $10. [1983 c.338 §292]

809.040 Hearing; notice; judicial review. (1) When a hearing is required under ORS 809.020 or 809.050, the Department of Transportation shall afford a person an opportunity of a hearing before the department suspends or revokes vehicle registration. A hearing described by this subsection is subject to all of the following:

(a) Before the hearing, the department shall provide the person with notice meeting the requirements under ORS 809.430.

(b) The hearing, if requested, shall be in the county wherein the person resides unless the person and the department agree to hold it elsewhere.

(d) The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.

(2) The hearing requirements under this section do not apply in any case where the department finds a serious danger to the public safety and sets forth specific reasons for such finding.

(3) Judicial review of orders suspending or revoking registration under this section shall be as provided in ORS chapter 183. [1983 c.338 §283; 1985 c.16 §115; 1985 c.401 §12; 1999 c.849 §§184,185; 2003 c.75 §65]

809.050 Revocation or suspension of registration of employer for failure to make future responsibility filing. (1) If an employer is required to make future responsibility filings by ORS 806.200 and fails to make the filings, the Department of Transportation shall revoke or suspend the vehicle registration of vehicles owned by the employer until the owner:

(a) Makes accident reports as required under ORS 811.730; and

(b) Makes future responsibility filings.

(2) The department shall provide an opportunity for a hearing described under ORS 809.040 before suspending or revoking registration under this section. [1983 c.338 §286]

809.060 [1983 c.338 §287; 1985 c.16 §118; 1993 c.751 §104; renumbered 809.135 in 2005]

809.070 [1983 c.338 §289; 1985 c.16 §119; 1991 c.459 §438j; repealed by 1993 c.751 §106]

809.080 Failure to return suspended registration; penalty. (1) A person commits the offense of failure to return suspended registration if the person has vehicle registration suspended and the person fails to immediately return to the Department of Transportation any registration plates or registration card issued to the person under the suspended registration.

(2) If any person fails to return registration plates or cards as required by this section, 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 return suspended registration, is a Class C misdemeanor. [1983 c.338 §291; 1985 c.16 §120; 1985 c.393 §6; 1985 c.401 §14]

809.090 Cancellation of registration or title for failure to qualify. (1) The Department of Transportation may cancel the registration or title or both of a vehicle if the department determines that:

(a) A holder is not entitled thereto; or

(b) All fees applicable to a vehicle, payable to the department under any provision of law have not been paid.

(2) Before cancellation under this section the department must give opportunity for a hearing upon 10 days’ notice. The notice shall be served in person or by first class mail. [1983 c.338 §288; 1991 c.249 §73; 1993 c.233 §53; 1999 c.1009 §3]

809.095 Cancellation of registration for false certification of compliance with financial responsibility requirements. (1) The Department of Transportation may cancel the registration of, or right to apply for registration for, any vehicle owned by a person if the person falsely certifies compliance with financial responsibility requirements, submits to the department unsatisfactory proof of such compliance or otherwise fails to comply with financial responsibility requirements.

(2) Cancellation under this section shall continue until the person complies with any applicable financial responsibility filing requirements. [1993 c.751 §103]

809.100 Hearing on proposed cancellation or refusal; judicial review. (1) When the Department of Transportation proposes to cancel or refuse to issue or renew title or registration, opportunity for hearing shall be accorded as provided in ORS chapter 183.

(2) Judicial review of orders under this section shall be in accordance with ORS chapter 183. [1983 c.338 §282; 1985 c.16 §114; 1985 c.401 §11; 1993 c.233 §54]

809.110 Failure to surrender canceled registration or title; penalty. (1) A person commits the offense of failure to surrender canceled registration or title if the person holds any evidence of registration or any evidence of title issued by the Department of Transportation that the department has canceled and the person does not surrender the evidence of registration or title to the department.

(2) The offense described in this section, failure to surrender canceled registration or title, is a Class A misdemeanor. [1983 c.338 §290; 1993 c.233 §55]

REGISTRATION, DRIVING PRIVILEGES OR IDENTIFICATION CARD

809.120 Court-ordered suspension of registration or driving privileges for weight violation. (1) In addition to any other punishment imposed under ORS 818.040, a convicting court has authority to order the suspension of the driving privileges of the operator of the vehicle used to violate ORS 818.040 or the registration of the vehicle if the vehicle is required to be registered by the Department of Transportation. The authority of a court to order the suspension of driving privileges or registration under this section is subject to the following:

(a) Subject to paragraph (b) of this subsection, the court may only order suspension for a period of up to 90 days.

(b) For a second or subsequent violation of ORS 818.040, within one year after the first conviction, the court shall order the suspension for not less than 30 days nor more than 90 days.

(2) Upon ordering a suspension under this section, a court shall secure the license, driver permit or registration plates ordered suspended and shall immediately forward them to the department with the order of suspension as provided under ORS 809.275.

(3) Upon receipt of an order under this section, the department shall proceed as provided under ORS 809.020 or 809.280. [1983 c.338 §390; 1985 c.16 §207; 1991 c.407 §31; 2011 c.355 §3]

809.130 Suspension or revocation of registration or driving privileges for unsettled judgment. (1) If a court notifies the Department of Transportation under this section that a judgment remains unsettled as described by ORS 809.470, the department must initiate action to determine whether to suspend or revoke driving privileges under ORS 809.415 or vehicle registration of the employer under ORS 809.020. A court shall immediately give the department notice of an unsettled judgment under this section if:

(a) A judgment of the type described under ORS 806.040 is rendered against a person by a court of this state;

(b) The person fails within 60 days to settle the judgment in the manner required under ORS 809.470; and

(c) The judgment creditor or the judgment creditor’s attorney makes a written request for forwarding to the department a certificate stating the judgment has not been settled as described in ORS 809.470.

(2) A court that has given the department notice of an unsettled judgment under this section shall immediately forward to the department a certificate stating that the judgment is appropriately settled and describing the judgment and parties sufficiently for identification if:

(a) The judgment is settled in the manner required under ORS 809.470; and

(b) The judgment debtor or the judgment debtor’s attorney makes a written request for forwarding to the department a certificate stating the judgment has been settled as described in ORS 809.470.

(3) The notice made to the department under this section shall be given by the clerk of the court or, if the court has no clerk, by the judge. [1983 c.338 §391; 1985 c.16 §208; 2003 c.402 §21]

809.135 Refusal to issue, revocation or suspension of driving privileges, identification card, registration or title for failure to use same name. The Department of Transportation may refuse to issue, may revoke or may suspend any license, permit, identification card, title or registration issued by the department or for which application is made to the department if the department determines that the person issued or applying for the license, permit, identification card, title or registration has used one name in one application and another name in any other application. [Formerly 809.060]

809.140 Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges. (1) Unless otherwise specifically provided by law, a person whose identification card, vehicle registration or driving privileges are suspended, revoked or canceled by the Department of Transportation is entitled to administrative review of the action rather than to a formal hearing by the department if the suspension, revocation or cancellation is based upon:

(a) A conviction;

(b) Notification from a court that the court has ordered suspension, revocation or cancellation; or

(2) Actions by the department based on grounds other than those specified in subsection (1) of this section may be subject to administrative review rather than a formal hearing if specifically provided by law. [1991 c.702 §2; 1993 c.627 §1; 2011 c.355 §4]

809.200 [1983 c.338 §389; repealed by 1987 c.730 §23]

DRIVING PRIVILEGES

(Court-Ordered or Recommended Restrictions, Suspensions, Revocations or Denials)

809.210 Suspension or restriction of driving privileges for failure to pay fine or obey court order; exceptions. (1) A court may do any of the following if the defendant is convicted of any traffic offense and fails or refuses to pay a fine imposed by the judge or to comply with any condition upon which payment of the fine or any part of it was suspended:

(a) Issue notice to the Department of Transportation to implement procedures under ORS 809.416.

(b) Order a defendant’s driving privileges restricted.

(2) The authority granted in this section is in addition to or instead of any other method authorized by law for enforcing a court order.

(3) If a court places restrictions on driving privileges under this section:

(a) The judge shall immediately advise the department of the restrictions.

(b) Upon removal of such restriction, the court shall notify the department that the restriction is ended.

(d) The department shall take action as provided under ORS 807.120 on restrictions imposed under this section.

(e) The restrictions may include any restriction, condition or requirement.

(f) Violation of the restriction is punishable as provided under ORS 807.010.

(4) If a judge issues notice to implement procedures under ORS 809.416 as provided under this section:

(a) The judge shall immediately send to the department notice upon payment of the fine as ordered.

(b) The department shall take action on the suspension as provided under ORS 809.416.

(5) A court shall not issue notice under this section to implement procedures under ORS 809.416 for failure to pay a fine relating to any parking offense, pedestrian offense or bicycling offense. [1983 c.338 §387; 1985 c.16 §203; 1985 c.669 §13; 1991 c.702 §5; 1993 c.751 §54]

809.220 Failure to appear; suspension or other procedures. This section establishes procedures that are applicable if a person fails to appear on a citation for a traffic offense or for a violation of ORS 471.430. All of the following apply to this section:

(1) If a defendant fails to make any appearance required by the court or by law in a proceeding charging the defendant with a traffic offense or with a violation of ORS 471.430, the court:

(a) Shall issue notice to the Department of Transportation to suspend for failure to appear if the defendant is charged with a traffic crime or with a violation of ORS 471.430. If a court issues notice under this paragraph, the department shall suspend the driving privileges of the person as provided under ORS 809.280.

(b) Shall issue notice to the department to implement procedures under ORS 809.416 if the defendant is charged with a traffic violation. If a court issues notice under this paragraph, the department shall implement procedures under ORS 809.416.

(2) In any notice to the department under this section, a court shall certify that the defendant failed to appear in the proceedings in the manner required by the court or by law.

(3) At any time within 10 years from the date of a notice to suspend for failure to appear given to the department under this section, a court shall give a second notice to the department to reinstate the person’s suspended driving privileges resulting from the original notice if any of the following occur:

(a) The fine for the offense is paid.

(b) The court finds the defendant not guilty or orders a dismissal of the case.

(4) Notifications by a court to the department under this section shall be in a form prescribed by the department.

(5) A court shall not notify the department under this section for failure to appear on any parking, pedestrian or bicyclist offense. [1983 c.338 §393; 1985 c.16 §209; 1985 c.669 §15; 1989 c.161 §1; 1991 c.702 §6; 1995 c.142 §3; 1999 c.1051 §281; 2001 c.817 §1; 2001 c.823 §27; 2007 c.127 §3; 2011 c.355 §5; 2011 c.597 §113]

809.230 Court suspension or revocation of nonresident driving privileges. A court may suspend or revoke the driving privileges to operate a motor vehicle in this state of any nonresident for any cause for which the driving privileges of a resident of this state may be suspended or revoked. [1983 c.338 §394]

809.235 Permanent revocation of driving privileges upon conviction of certain crimes; restoration of privileges. (1)(a) Notwithstanding ORS 809.409 (2), the court shall order that a person’s driving privileges be permanently revoked if the person is convicted of any degree of murder and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim, or if the person is convicted of aggravated vehicular homicide, manslaughter in the first or second degree resulting from the operation of a motor vehicle, criminally negligent homicide resulting from the operation of a motor vehicle or assault in the first degree resulting from the operation of a motor vehicle.

(b) The court shall order that a person’s driving privileges be permanently revoked if the person is convicted of felony driving while under the influence of intoxicants in violation of ORS 813.010 or if the person is convicted for a third or subsequent time of any of the following offenses in any combination:

(A) Driving while under the influence of intoxicants in violation of:

(i) ORS 813.010; or

(ii) The statutory counterpart to ORS 813.010 in another jurisdiction.

(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.

(C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

(c) For the purposes of paragraph (b) of this subsection, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

(2)(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the county in which the person’s driving privileges were revoked for an order restoring the person’s driving privileges. A petition may be filed under this subsection no sooner than 10 years after the person is:

(A) Released on parole or post-prison supervision for the crime for which the person’s driving privileges were revoked and any other crimes arising out of the same criminal episode;

(B) Sentenced to probation for the crime for which the person’s driving privileges were revoked, unless the probation is revoked, in which case the petition may be filed no sooner than 10 years after the date probation is revoked; or

(C) Sentenced for the crime for which the person’s driving privileges were revoked, if no other provision of this paragraph applies.

(b) Notwithstanding paragraph (a) of this subsection, if during the revocation period for the crime for which the person was convicted the person is convicted of a criminal offense involving a motor vehicle, the person may file a petition to restore driving privileges as described in paragraph (a) of this subsection no sooner than 10 years from the date of the most recent conviction involving a motor vehicle.

(c) The district attorney of the county in which the person’s driving privileges were revoked shall be named and served as the respondent in the petition.

(3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:

(a) The nature of the offense for which driving privileges were revoked.

(b) The degree of violence involved in the offense.

(c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.

(d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.

(e) Any other relevant factors.

(4) The court shall order a petitioner’s driving privileges restored if, after a hearing described in subsection (3) of this section, the court finds by clear and convincing evidence that the petitioner:

(a) Is rehabilitated;

(b) Does not pose a threat to the safety of the public; and

(c) If the sentence for the crime for which the petitioner’s driving privileges were revoked required the petitioner to complete an alcohol or drug treatment program, has completed an alcohol or drug treatment program in a facility approved by the Director of the Oregon Health Authority or a similar program in another jurisdiction.

(5) Upon receiving a court order to restore a person’s driving privileges, the department may reinstate driving privileges in accordance with ORS 809.390, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings. [1993 c.761 §2; 1995 c.661 §2; 2001 c.786 §1; 2003 c.346 §2; 2003 c.402 §22; 2005 c.436 §1; 2007 c.879 §4; 2009 c.320 §1; 2011 c.355 §12; 2011 c.554 §1]

809.240 Court-ordered suspension or revocation; taking possession of license or permit; temporary permit. (1) If a person is convicted of an offense that will result in mandatory suspension or revocation under ORS 809.409, 809.411, 809.413, 813.400 or 813.403, the trial judge shall:

(a) Order the revocation or suspension at the time of conviction for the required period; and

(b) Comply with the requirements under ORS 809.275 to take possession of the license or driver permit of the person.

(2) When necessary to give full effect to this section, a court shall issue a temporary driver permit under ORS 807.320. [1983 c.338 §395; 1985 c.16 §210; 1991 c.185 §5; 2003 c.402 §23; 2011 c.355 §29]

809.250 [1983 c.338 §396; 1985 c.669 §14; 1987 c.730 §14; 1993 c.751 §55; renumbered 809.275 in 2005]

809.260 Court-ordered suspension of driving privileges for convicted juvenile. (1) Whenever a person who is 17 years of age or younger, but not younger than 13 years of age, is convicted of any offense described in this subsection or determined by a juvenile court to have committed one of the described offenses, the court in which the person is convicted shall order suspension of the person’s driving privileges. This subsection applies to ORS 166.370 and to any offense involving the delivery, manufacture or possession of controlled substances.

(2) Whenever a person who is 20 years of age or younger, but not younger than 13 years of age, at the time of committing any offense described in this subsection, is convicted or determined by a juvenile court to have committed one of the described offenses, the court in which the person is convicted shall order suspension of the person’s driving privileges. This subsection applies to any offense involving the possession, use or abuse of alcohol.

(3) If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may review the order and may withdraw the order at any time the court deems appropriate except as provided in the following:

(a) A court may not withdraw an order for a period of 90 days following the issuance of the order if it is the first such order issued with respect to the person.

(b) A court may not withdraw an order for a period of one year following the issuance of the order if it is the second or subsequent such order issued with respect to the person.

(c) Notwithstanding paragraph (a) of this subsection, a court may not withdraw an order for a period of six months if the order is based on a determination or conviction involving controlled substances.

(4) Upon receipt of an order under this section, the department shall take action as directed under ORS 809.280. [1985 c.16 §206; 1991 c.835 §3; 1993 c.625 §6; 1999 c.1051 §88; 2007 c.359 §1; 2009 c.228 §2; 2011 c.355 §7]

809.265 Suspension for inhalant or controlled substances conviction. (1) Unless the court finds compelling circumstances not to order suspension of driving privileges, the court in which a person is convicted of an offense described in this subsection shall order suspension of the person’s driving privileges. This subsection applies when a person is convicted of:

(a) Any offense involving manufacturing, possession or delivery of controlled substances.

(b) Driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance if the person was under the influence of an inhalant or a controlled substance.

(2) Upon receipt of an order under this section, the department shall take action as directed under ORS 809.280. [1991 c.835 §2; 1999 c.619 §7; 1999 c.1051 §139; 2011 c.355 §8]

(Additional Authority of Court)

809.267 Additional fee upon notice of suspension or restriction. A court shall add a $15 fee to the judgment in any case in which the court gives notice to the Department of Transportation of the suspension or restriction of a defendant’s driving privileges. The fee shall be added to the judgment without further notice to the defendant or further order of the court. This section applies to suspensions or restrictions ordered by a court for failure of a person to comply with a court order or with any conditions imposed by the court, for failure to pay a fine or for failure to appear as required by ORS 153.061. [1995 c.142 §2; 1999 c.1051 §140; 2001 c.823 §26]

809.270 Driver improvement course; enforcement by suspension or restriction of privileges. (1) A court may require that a defendant convicted of a traffic offense successfully complete, within a time fixed by the judge, a defensive driving or other appropriate driver improvement course conducted by the Department of Transportation or any other rehabilitative program and may use the suspension or restriction of the person’s driving privileges or right to apply for driving privileges to enforce the requirement by ordering:

(a) The suspension until the defendant successfully completes the program; or

(b) The suspension or restriction if the defendant fails to successfully complete the program.

(2) The authority granted under this section is in addition to any fine or imprisonment authorized by law, including probation and suspension of imposition or execution of any sentence upon conditions ordered by the court.

(3) If a court places restrictions on driving privileges under this section:

(a) The judge shall immediately advise the department of the restrictions in writing.

(b) Upon removal of such restrictions, the court shall notify the department in writing that the restriction is ended.

(d) The department shall take action as provided under ORS 807.120 on restrictions imposed under this section.

(e) The restrictions may include any restriction, condition or requirement.

(f) Violation of the restriction is punishable as provided under ORS 807.010.

(4) If suspension is ordered under this section:

(a) The court shall so notify the department and the department shall impose the suspension of the driving privileges as provided under ORS 809.280.

(b) The court shall notify the department of reinstatement after any suspension ordered under this section.

(d) The judge shall comply with the requirements under ORS 809.275 to take possession of the license or permit of the person. [1983 c.338 §388; 1985 c.16 §204; 1993 c.18 §169]

(Procedures Following Court Suspension or Revocation)

809.275 Court to take possession of license or permit; effective date of suspension or revocation. (1) A court shall take immediate possession of any license or driver permit held by a defendant that is issued by any jurisdiction if the court orders a suspension or revocation under ORS 165.805, 471.430, 809.120, 809.235, 809.240, 809.260, 809.265, 809.270, 811.109 or 811.135.

(2) Upon taking possession of a license or permit under this section, a court shall immediately forward to the Department of Transportation the license or permit and a copy of the suspension or revocation order or other information satisfactory to the department and to the State Court Administrator.

(3) A suspension or revocation of driving privileges becomes effective on the date a court takes possession of a license or permit under this section or orders the suspension or revocation.

(4) The department is not required to provide further notice of a suspension or revocation ordered by the court.

(5) Nothing in this section requires a court to take additional action, after the conclusion of the sentencing hearing, to secure the driver license or driver permit. [Formerly 809.250; 2011 c.355 §9]

809.280 Department procedures following court order of suspension or revocation; length of suspension or revocation. (1) Upon receipt of a court order under ORS 809.270, the Department of Transportation shall suspend the person’s driving privileges. The suspension shall remain in effect until the department is notified by the court that the suspension is ended, except that, if the department is ordered to automatically reinstate 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.

(2) Upon receipt of a court order under ORS 809.120, the department shall suspend the person’s driving privileges. The suspension shall be for the period ordered by the court. The court may only order suspension for a period not to exceed 90 days.

(3) Upon receipt of a court notice under ORS 809.130 of an unsettled judgment, the department shall suspend the person’s driving privileges and, subject to any other requirements of law, reinstate 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

(4) Upon receipt of a court notice under ORS 419C.472 or 809.220, the department shall suspend the person’s driving privileges for an indefinite period. The department shall reinstate driving privileges that have been suspended under this subsection upon notification by the court or upon the elapse of 10 years from the date of suspension, whichever comes first. The department may not suspend any driving privileges under this subsection for a person’s failure to appear on a parking, pedestrian or bicyclist offense.

(5) Upon receipt of a court notice under ORS 810.310, the department shall suspend the person’s driving privileges for an indefinite period. The department shall reinstate driving privileges that have been suspended under this subsection upon notification by the court or upon the lapse of 10 years from the date of suspension, whichever comes first.

(6) Upon receipt of a court order under ORS 809.260, the department shall suspend the person’s driving privileges as follows:

(a) Upon receipt of the first order suspending driving privileges, the department shall suspend the person’s driving privileges for one year, or until the person reaches 17 years of age, whichever is longer.

(b) Upon receipt of a second or subsequent order suspending driving privileges, the department shall suspend the person’s driving privileges for one year or until the person reaches 18 years of age, whichever is longer.

(7) 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 (6) of this section because of the issuance of the order.

(8) Upon receipt of a court order under ORS 165.805 or 471.430, the department shall suspend the person’s driving privileges. The suspension shall be for the period ordered by the court. The court may only order suspension for a period not to exceed one year.

(9) Upon receipt of a court order under ORS 809.265, the department shall suspend the person’s driving privileges for six months.

(10) Upon receipt of a court order under ORS 809.235, the department shall permanently revoke the person’s driving privileges. The revocation shall remain in effect until the department is notified by a court that the person’s driving privileges have been ordered restored.

(11) When a court orders suspension of driving privileges under ORS 811.109 (4), the department shall suspend the person’s driving privileges. The suspension shall be for the period ordered by the court. The court may only order suspension for a period not to exceed 30 days.

(12) When a court orders suspension of driving privileges under ORS 811.109 (5), the department shall suspend the person’s driving privileges. The suspension shall be for the period ordered by the court. The court may only order suspension for not less than 30 days and not more than 90 days.

(13) Upon receipt of a court order under ORS 811.135, the department shall suspend the person’s driving privileges for one year. [1983 c.338 §362; 1985 c.16 §177; 1985 c.597 §23; 1985 c.669 §12; 1987 c.730 §15; 1991 c.835 §4; 1991 c.860 §3; 1993 c.751 §57; 1993 c.761 §3; 1999 c.359 §3; 1999 c.770 §4; 2001 c.817 §8; 2005 c.491 §2; 2007 c.127 §4; 2007 c.784 §4; 2011 c.355 §1]

809.290 [1985 c.669 §6; 1991 c.702 §7; 1993 c.751 §58; 2003 c.402 §24; renumbered 809.416 in 2005]

809.300 [1985 c.669 §7; repealed by 1991 c.702 §20]

(Cancellation, Refusal to Issue, Suspension or Revocation)

809.310 Cancellation or suspension of driving privileges; grounds; surrender of license or permit; duration; reissuance of privileges. (1) The Department of Transportation may cancel any driving privileges upon determining that the person is not entitled to the driving privileges under the vehicle code. The department may reissue driving privileges canceled under this subsection when the applicant has satisfied all requirements for the driving privileges sought.

(2) The department may cancel any driver license or permit that contains any error or defect or that is found to have been issued on the basis of false information given to the department. Cancellation under this subsection is in addition to any suspension of driving privileges authorized for the same conduct.

(3) The department may suspend any driving privileges or right to apply for privileges or any identification card or right to apply for a card upon determining that the person issued or applying for the driving privileges or identification card has committed any of the following acts:

(a) Failed to give the required or correct information in the application for the driving privileges or for an identification card, in violation of ORS 807.430 or 807.530.

(b) Committed false swearing in making application for the driving privileges in violation of ORS 807.520.

(d) Permitted misuse of license, permit or identification card in violation of ORS 807.430 or 807.590.

(e) Used the license, permit or identification card of another in violation of ORS 807.430 or 807.600.

(f) Produced identification cards, licenses, permits, forms or camera cards in violation of ORS 807.500.

(g) Transferred documents for the purpose of misrepresentation in violation of ORS 807.510.

(h) Given false information to a police officer in violation of ORS 807.620.

(4) Upon suspension or cancellation of driving privileges under this section, a person whose privileges are suspended or canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500.

(5) To obtain driving privileges after the period of suspension or cancellation under this section, a person must reapply for driving privileges in the manner established by law. [1983 c.338 §345; 1985 c.393 §8; 1987 c.272 §1; 1993 c.393 §6]

809.320 Cancellation on written request of parent or legal guardian. (1) If an applicant for driving privileges must have a parent or legal guardian sign the application before the person qualifies under ORS 807.060, that parent or legal guardian who has signed the application may thereafter file with the Department of Transportation a written request that the driving privileges of the person so granted be canceled.

(2) The department shall cancel the driving privileges of a person upon written request under this section if the person is under 18 years of age. [1983 c.338 §346; 1985 c.16 §162; 2005 c.143 §2]

809.330 [1983 c.338 §347; 1985 c.669 §11; 1991 c.702 §24; repealed by 1993 c.751 §106]

809.340 [1985 c.396 §3; repealed by 1991 c.702 §20]

809.350 [1985 c.396 §4; 1999 c.849 §§187,188; repealed by 2001 c.294 §12]

809.360 General provisions relating to suspension or revocation of driving privileges. (1) For purposes of determining whether grounds exist for revoking or suspending driving privileges, an unvacated forfeiture of bail in another state equals a conviction.

(2) A suspension or revocation of driving privileges ordered by a court shall run concurrently with any mandatory suspension or revocation ordered by the Department of Transportation and arising out of the same conviction.

(3) Judicial review of orders denying, suspending or revoking a license, except where such suspension or revocation is mandatory, shall be as provided in ORS chapter 183.

(4) Whenever the department or a court has reason under any laws of this state to suspend or revoke the driving privileges of any person who does not hold current driving privileges to operate motor vehicles or whose driving privileges are due to expire during a suspension period, the department or court shall suspend or revoke the right of such person to apply for driving privileges to operate motor vehicles in this state. A suspension or revocation of a right to apply for driving privileges under this subsection shall be for the period provided by law.

(5) Whenever the department or a court has reason under any laws of this state to suspend the commercial driver license of any person who does not hold a current commercial driver license or whose commercial driver license is due to expire during a suspension period, the department or court shall suspend the right of such person to apply for a commercial driver license in this state. A suspension of a right to apply for a commercial driver license under this subsection shall be for the period provided by law. [1983 c.338 §348; 1987 c.272 §2; 1989 c.636 §34; 1999 c.1051 §282; 2003 c.14 §487; 2007 c.122 §6]

809.370 [1983 c.338 §349; 1985 c.16 §163; 1991 c.317 §1; 2003 c.402 §25; renumbered 809.412 in 2005]

809.380 Period of suspension; effect; reinstatement; fee. All of the following apply to a person whose driving privileges have been suspended:

(1) The period of suspension shall last as long as provided for that particular suspension by law.

(2) During the period of suspension, the person is not entitled to exercise any driving privileges in this state except as provided under this subsection. Unless otherwise specifically provided by law, a person whose driving privileges are suspended may obtain, if the person qualifies, a hardship driver permit under ORS 807.240, and exercise driving privileges under the driver permit.

(3) Upon expiration of the suspension, the Department of Transportation shall reissue, upon request of the person, the suspended driving privileges and any license or driver permit that evidences the driving privileges. The reissuance shall be without requalification by the person except that the department may require the person to furnish evidence satisfactory to the department that the person is qualified to continue to exercise driving privileges in this state before the department reissues the driving privileges.

(4) The department may not issue any driving privileges in contradiction to this section.

(5) If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are suspended, the person is subject to the penalties under ORS 809.500.

(6) No reinstatement of suspended driving privileges will be made by the department until the fee for reinstatement of suspended driving privileges established under ORS 807.370 is paid to or waived by the department. The department may waive the reinstatement fee for any of the following reasons:

(a) The suspension occurred under ORS 809.419 for failure to take an examination upon request of the department under ORS 807.340.

(b) The suspension occurred under ORS 809.419 for failure to obtain required medical clearance upon request of the department under ORS 807.070 or 807.090.

(c) The suspension occurred under ORS 809.419 for incompetence to drive a motor vehicle or having a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle.

(d) The suspension occurred under ORS 809.419 upon notification by the superintendent of a hospital under ORS 807.700 that a person should not drive.

(e) The suspension occurred under ORS 809.419 upon notification by a court under ORS 810.375 that a person charged with a traffic offense has been found guilty except for insanity.

(f) The department committed an error in issuing the suspension.

(g) The suspension was the result of an error committed by an insurance company in issuing or failing to issue a certification of insurance or in canceling a certification of insurance filed with the department under ORS 806.270.

(h) The department issued the suspension without error because the person failed to respond as required under ORS 806.160 or to furnish proof of exemption under ORS 806.210 from the filing requirement of ORS 806.200, but the department later determines that the person in fact was in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 or at the time of an accident described in ORS 806.200.

(i) The department issued the suspension without error because the person was not in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150 or at the time of an accident described in ORS 806.200, but the department later determines 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 or at the time of the accident.

(j) The suspension was the result of an error committed by an insurance company in notifying the department regarding the correctness of a certification under ORS 806.150.

(k) The suspension occurred because the person failed to make future responsibility filings but the department later determines that the reason for the failure was that the person was a military reservist or a member of a national guard unit that was ordered to active military duty to a location outside of the United States. The effective date of the military orders must be prior to the effective date of a suspension issued by the department for failure to make a future responsibility filing.

(L) The department issued the suspension without error because the department received a notice to suspend from a court under ORS 809.210 or 809.220, but the department later determines that the person in fact was in compliance with the requirements of the court prior to the effective date of the suspension.

(7) The department shall waive the reinstatement fee for a person whose driving privileges were suspended under ORS 809.423 (3) if the person:

(a) Has graduated from high school and provides the department with proof of graduation satisfactory to the department; or

(b) Has received a General Educational Development (GED) certificate from a community college and provides the department with proof of the certificate satisfactory to the department. [1983 c.338 §350; 1985 c.16 §164; 1985 c.173 §1; 1985 c.393 §9; 1985 c.669 §17a; 1985 c.714 §8; 1987 c.137 §3; 1987 c.258 §8; 1987 c.272 §3; 1987 c.801 §7; 1989 c.224 §139; 1991 c.474 §1; 2003 c.402 §26; 2005 c.104 §1; 2005 c.140 §3; 2009 c.105 §1]

809.390 Period of revocation; effect; reinstatement; fee. All of the following apply to a person whose driving privileges have been revoked:

(1) The period of revocation shall last as long as required for the revocation by law.

(2) During the period of revocation, the person is not entitled to exercise any driving privileges in this state or to apply for or receive any driving privileges in this state except when a person who has been determined to be a habitual offender is permitted to obtain driving privileges under a probationary driving permit as described under ORS 807.270 and 809.650. This subsection prohibits the issuance of any driver permit, including a hardship permit described under ORS 807.240, to a person whose driving privileges or right to apply for driving privileges are revoked except as provided for the probationary driving permit under ORS 807.270.

(3) Upon expiration of the revocation period, the person must reapply for driving privileges in the manner established by law and must reestablish the person’s eligibility for issuance of driving privileges. If driving privileges are revoked because the person is a habitual offender, the person must meet the additional eligibility requirements for reinstatement of driving privileges under ORS 809.650 and 809.660.

(4) The Department of Transportation may issue new driving privileges to a person before the expiration of the revocation period if the person is otherwise entitled to be issued driving privileges and when, with reference to a conviction upon which the revocation was based, the Governor has pardoned the person of the crime.

(5) The department shall not issue any driving privileges in contradiction to this section.

(6) If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are revoked, the person is subject to the penalty under ORS 809.500.

(7) No reinstatement of revoked driving privileges will be made by the department until the fee for reinstatement of revoked driving privileges established under ORS 807.370 is paid to or waived by the department. The department may waive the reinstatement fee if the department committed an error in issuing the revocation. [1983 c.338 §351; 1985 c.16 §165; 1985 c.393 §10; 1985 c.669 §1; 1987 c.801 §8]

809.400 Suspension or revocation for out-of-state conviction. (1)(a) Except as otherwise provided in paragraph (b) of this subsection, the Department of Transportation may suspend or revoke the driving privileges of any resident of this state upon receiving notice of the conviction of such person in another jurisdiction of an offense therein that, if committed in this state, would be grounds for the suspension or revocation of the driving privileges of the person. A suspension or revocation under this subsection shall be initiated within 30 days of receipt of notice of the conviction. Violation of a suspension or revocation imposed under this subsection shall have the same legal effects and consequences as it would if the offense committed in the other jurisdiction had been committed in this jurisdiction.

(b) The department may not suspend or revoke driving privileges under this subsection unless notice of conviction is received within 180 days of the date of the conviction.

(2) The department may suspend or revoke the driving privileges of any resident of this state upon receiving notice from another state, territory, federal possession or district or province of Canada that the person’s driving privileges in that jurisdiction have been suspended or revoked. Violation of the suspension or revocation shall have the same legal effects and consequences as it would if the suspension or revocation had been imposed initially in this state upon the same grounds. The suspension or revocation under this subsection shall continue until the person suspended or revoked furnishes evidence of any of the following:

(a) Compliance with the law of the other jurisdiction or the restoration of driving privileges in that jurisdiction.

(b) That the revocation or suspension in the other jurisdiction was not under circumstances that would require the department to suspend or revoke the driving privileges of the person under the laws of this state.

(3) A person is entitled to administrative review of a suspension under this section. [1983 c.338 §352; 1987 c.272 §4; 1987 c.730 §16; 1989 c.171 §90; 1989 c.398 §1; 1989 c.636 §35; 1991 c.595 §1; 1991 c.702 §11; 2005 c.649 §24]

809.404 Disqualification from holding commercial driver license. (1) The Department of Transportation shall suspend a person’s commercial driver license or right to apply for a commercial driver license if the person is disqualified from holding a commercial driver license under this section. A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

(2) A person is disqualified from holding a commercial driver license if the person has two or more of any of the following in any combination:

(a) A record of conviction for driving while under the influence of intoxicants under ORS 813.010 and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(b) A suspension of the person’s commercial driver license under ORS 813.410 for refusal to submit to a test under ORS 813.100 and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(c) A suspension of the person’s commercial driver license under ORS 813.410 because the person submitted to a breath or blood test and the person’s blood, as shown by the test, had 0.04 percent or more by weight of alcohol and the person was driving a commercial motor vehicle at the time of the offense.

(d) A record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(e) A record of conviction of a crime punishable as a felony, other than a felony described in subsection (3) of this section, and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.

(f) A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while driving a commercial motor vehicle, the person’s commercial driver license had been suspended or revoked.

(g) A record of conviction of any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a commercial motor vehicle or assault in the first degree resulting from the operation of a commercial motor vehicle.

(h) A record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked.

(3) A person is disqualified from holding a commercial driver license if the person has a record of conviction for a crime punishable as a felony that involves the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 475.005, and in which a motor vehicle or a commercial motor vehicle was used. Notwithstanding subsection (4) of this section, the department may not issue or reinstate a commercial driver license for the lifetime of a person whose commercial driver license is suspended under this subsection.

(4) Ten years after a person is disqualified from holding a commercial driver license under subsection (2) of this section, or 10 years after receiving a lifetime suspension under ORS 809.413 (1), (2), (4) or (5), the person may apply to the department for the right to apply for a commercial driver license or for reinstatement of the person’s commercial driver license. The department may issue or reinstate a commercial driver license to a person who meets all other requirements for the issuance of a commercial driver license if the department, in the discretion of the department, finds good cause shown and finds that the person voluntarily entered and successfully completed rehabilitation as approved by the department.

(5) Notwithstanding subsection (4) of this section, if a person whose commercial driver license is issued or reinstated under subsection (4) of this section receives a subsequent conviction or suspension described in subsection (2) of this section, the department shall suspend the person’s commercial driver license or right to apply for a commercial driver license for the lifetime of the person.

(6) For the purposes of this section:

(a) Second or subsequent records of conviction or suspensions apply only if the convictions or suspensions arose out of separate incidents.

(b) A record of conviction or suspension applies to a person who does not hold a commercial driver license only if the person was driving a commercial motor vehicle at the time of the commission of the offense. [2005 c.649 §13; 2007 c.122 §13; 2009 c.783 §9]

809.405 [1989 c.715 §4; 1999 c.328 §7; repealed by 2001 c.176 §1]

809.406 Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement. (1) The Department of Transportation shall cancel a driver license with a Class A or Class B farm endorsement or deny a person the right to apply for a Class A or Class B farm endorsement if the person is disqualified from holding a commercial driver license under ORS 809.404.

(2) If the department cancels a driver license with a Class A or Class B farm endorsement under this section, the person whose license is canceled is entitled to an administrative review under ORS 809.440. [2009 c.395 §2]

809.407 Suspension of commercial driver license for specified railroad crossing violations. (1) The driver of a commercial motor vehicle is subject to suspension of the driver’s commercial driver license upon conviction of any of the following offenses:

(a) Failure to stop for a railroad signal in violation of ORS 811.455.

(b) Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS 811.460.

(d) Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train in violation of ORS 811.462.

(2) Upon receipt of a record of conviction for an offense described in subsection (1) of this section, the Department of Transportation shall suspend the convicted person’s commercial driver license for the following periods of time:

(a) Sixty days if:

(A) The conviction is the person’s first conviction of an offense described in subsection (1) of this section; or

(B) The date the person committed an offense described in subsection (1) of this section is not within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction.

(b) One hundred and twenty days if:

(A) The conviction is the person’s second conviction of an offense described in subsection (1) of this section;

(B) The date the person committed the second offense is within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction; and

(A) The conviction is the person’s third or subsequent conviction for an offense described in subsection (1) of this section;

(B) The date the person committed the latest offense is within three years of the dates the person committed two or more other offenses, as described in subsection (1) of this section and for which there were convictions; and

(3) A person is entitled to administrative review under ORS 809.440 of a suspension under this section. [2001 c.492 §2; 2003 c.402 §27; 2011 c.470 §3]

809.409 Revocation for conviction of crime. (1)(a) Upon receipt of a record of conviction of an offense described in this section, the Department of Transportation shall revoke the driving privileges of the person convicted.

(b) A person is entitled to administrative review under ORS 809.440 of a revocation under this section.

(c) Except as otherwise provided in subsections (2) and (3) of this section, the revocation shall be for a period of one year from the date of revocation, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.

(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of aggravated vehicular homicide or aggravated driving while suspended or revoked or any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a motor vehicle or assault in the first degree resulting from the operation of a motor vehicle, except that the provisions of this subsection do not apply to a person whose driving privileges are ordered revoked under ORS 809.235. A person whose driving privileges are revoked under this subsection may apply for reinstatement of driving privileges:

(a) If the sentence for the crime for which the person’s driving privileges were revoked, or any other crimes arising from the same criminal episode, includes incarceration, no sooner than 10 years from the date the person is released from incarceration for all crimes arising out of the same criminal episode; or

(b) If the sentence for the crime for which the person’s driving privileges were revoked and any other crimes arising from the same criminal episode does not include incarceration, no sooner than 10 years from the date the department revoked the privileges under this subsection.

(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform the duties of a driver to injured persons under ORS 811.705. The department shall revoke driving privileges under this subsection for a period of five years if the court indicates on the record of conviction that a person was killed as a result of the accident. The person may apply for reinstatement of privileges five years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement five years from the date the revocation was imposed under this subsection.

(4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of 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.

(5) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any felony with a material element involving the operation of a motor vehicle. [2003 c.402 §2; 2007 c.867 §10; 2009 c.320 §2; 2009 c.783 §10; 2011 c.355 §14]

809.410 [1983 c.338 §353; 1985 c.16 §166; 1985 c.301 §1; 1985 c.393 §10a; 1985 c.396 §6; 1985 c.669 §2a; 1985 c.714 §6; 1987 c.137 §4; 1987 c.258 §9; 1987 c.262 §4; 1989 c.224 §140; 1989 c.636 §31; 1989 c.715 §6; 1991 c.702 §10; 1993 c.393 §7; 1993 c.400 §2; 1993 c.627 §3; 1993 c.761 §4; 1995 c.79 §370; 1995 c.253 §5; 1995 c.656 §6; 1995 c.661 §1; 1997 c.83 §3; 1999 c.789 §6; 1999 c.796 §1; 1999 c.1077 §9; 2001 c.176 §5; 2001 c.294 §5; 2001 c.492 §9; 2003 c.14 §488; 2003 c.115 §1; repealed by 2003 c.402 §§6a,43]

809.411 Suspension for conviction of crime. (1)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.

(b) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

(c) Except as otherwise provided in subsections (7), (8), (9) and (10) of this section, the suspension shall be for the period of time described in Schedule I of ORS 809.428. The department may not reinstate driving privileges of any person whose privileges are suspended under subsection (2), (3), (4), (5), (6), (7) or (10) of this section until the person complies with future responsibility filings. There is no requirement of compliance with future responsibility filings if the person was suspended under subsection (8) or (9) of this section.

(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.

(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless driving under ORS 811.140.

(4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform duties of a driver when property is damaged under ORS 811.700.

(5) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of fleeing or attempting to elude a police officer under ORS 811.540.

(6) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless endangerment of highway workers under ORS 811.231 (1).

(7) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of theft under ORS 164.043, 164.045 or 164.055 when the theft was of gasoline. A suspension under this subsection shall continue for a period of six months from the date of suspension.

(8) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of criminal trespass under ORS 164.245 that involves the operation of a motor vehicle. A suspension under this subsection shall continue for a period of six months from the date of suspension.

(9) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of an offense described in ORS 809.310. A suspension under this subsection shall continue for a period of one year from the date of the suspension.

(10)(a) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle.

(b) A person who is convicted of assault in the second degree and whose 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 under this subsection.

(c) A person who is convicted of assault in the third degree and whose 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 under this subsection.

(d) A person who is convicted of assault in the fourth degree and whose 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 one year from the date the department suspended the privileges under this subsection. [2003 c.402 §3; 2005 c.403 §1; 2011 c.355 §15]

809.412 Authority of juvenile court for suspension or revocation. If a juvenile court finds a youth to be within the jurisdiction of the juvenile court under ORS 419C.005 for committing an offense that is a ground for suspension or revocation upon conviction under ORS 809.409, 809.411, 809.413, 813.400 or 813.403 or any other law requiring suspension or revocation of driving privileges upon conviction of an offense, the juvenile court shall order the suspension or revocation of driving privileges that is required upon conviction of the offense. [Formerly 809.370; 2008 c.49 §3; 2011 c.355 §30]

Note: 809.412 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 809 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

809.413 Suspension of commercial driver licenses; length of suspension. The Department of Transportation shall suspend the commercial driver license of a person when the department receives a record of conviction, notification or notice described in this section. A person is entitled to administrative review under ORS 809.440 of a suspension under this section. The department shall suspend the commercial driver license when the department receives:

(1) A record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver while operating a motor vehicle or a commercial motor vehicle. A conviction described under this subsection shall result in:

(a) A suspension for a period of one year if: