Chapter 809 — Chapter 809
96 sections in this chapter.
ORS 809.413 [2003 c.402 §4; 2005 c.649 §20; 2009 c.395 §9; 2009 c.783 §11; 2011 c.470 §4; repealed by 2013 c.237 §12]
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[Repealed or reserved.]
ORS 809.415 Suspensions for conduct involving judgments, financial responsibility, dishonesty. (1)(a) The Department of Transportation shall suspend the driving privileges of a person who has a judgment of the type described under ORS 806.040 rendered against the person if the person does not settle the judgment in the manner described under ORS 809.470 within 60 days after its entry
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(b) A suspension under this subsection shall continue until the person does one of the following: (A) Settles the judgment in the manner described in ORS 809.470. (B) Has an insurer that has been found by the department to be obligated to pay the judgment, provided that there has…
ORS 809.416 When person subject to suspension under ORS 809.415; duration. A person is subject to suspension under ORS 809.415 (4) if the Department of Transportation receives notice from a court to commence suspension under ORS 809.220. A person who is subject under this section remains subject until the person presents the department with notice issued by the court showing that the person is no longer subject to this section or until 10 years have elapsed from the date the traffic offense or violation of ORS 471.430 occurred, whichever is earlier. This section does not subject a person to ORS 809.415 (4) for any pedestrian offense, bicycling offense or parking offense. Upon receipt of notice from a court to commence suspension under ORS 809.220, the department shall notify the person, in a manner determined by the department by rule, that the suspension will commence 60 days from the date the department sent the notification unless the person presents the department with notice issued by the court showing that the person is no longer subject to this section. [Formerly 809.290; 2007 c.127 §2; 2013 c.432 §§3,9; 2018 c.76 §34; 2019 c.312 §23; 2020 s.s.1 c.10 §§7,8]
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Note: 809.416 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.
ORS 809.417 Suspension for conduct regarding accidents. (1)(a) The Department of Transportation shall suspend the driving privileges of a person who fails to file an accident report required under ORS 811.725
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(b) A suspension under this subsection shall continue until the person files the required report or for five years from the date of suspension, whichever is sooner. (2)(a) If the department determines the person has been operating a vehicle in violation of ORS 806.010 and the per…
ORS 809.419 Suspensions for physical or mental condition or impairment. (1)(a) The Department of Transportation shall suspend the driving privileges of a person if the department requests the person to submit to examination under ORS 807.340 and the person fails to appear within a reasonable length of time after being notified to do so or fails to satisfactorily complete the required examination. A suspension under this subsection shall continue until the examination required by the department is successfully completed or until the person voluntarily surrenders the person’s driving privileges to the department based upon the person’s recognition that the person is no longer competent to drive
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(b) Upon suspension under this subsection, the department may issue an identification card to the person for identification purposes as described under ORS 807.400. (2) The department shall suspend the driving privileges of a person if the department requests the person to obtain…
ORS 809.420 [1983 c.338 §354; 1987 c.547 §1; 1989 c.401 §1; 2001 c.294 §7; 2003 c.402 §28; renumbered 809.428 in 2003]
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[Repealed or reserved.]
ORS 809.421 Suspensions for miscellaneous driving-related actions. (1)(a) The Department of Transportation may suspend the driving privileges of a person who
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(A) Is habitually incompetent, reckless or criminally negligent in the operation of a motor vehicle; or (B) Commits a serious violation of the motor vehicle laws of this state. (b) A suspension under this subsection shall continue for a period determined by the department and sha…
ORS 809.423 [2003 c.402 §9; 2017 c.701 §26; repealed by 2018 c.76 §17]
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[Repealed or reserved.]
ORS 809.428 Schedule of suspension or revocation periods for certain offenses
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This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under ORS 809.411 and 813.400. The schedules are as follows: (1) Schedule I. The suspension or revocation periods under Schedu…
ORS 809.430 Notice of suspension, cancellation or revocation; contents; service; rules. (1) When the Department of Transportation, as authorized or required, suspends, revokes or cancels driving privileges, commercial driving privileges or the right to apply for driving privileges or commercial driving privileges, the department shall give notice under this section of such action to the person whose driving privileges, commercial driving privileges or right to apply is affected
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(2) Notice under this section shall state the nature and reason for the action and, in the case of a suspension, whether it was ordered by a court. (3) The department shall serve the notice in a manner determined by the department by rule. [1983 c.338 §355; 1989 c.636 §36; 1989 c…
ORS 809.440 Hearing and administrative review procedures; defenses; rules. (1) When other procedures described under this section are not applicable to a suspension or revocation under ORS 809.409 to 809.421, the procedures described in this subsection shall be applicable. All of the following apply to this subsection
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(a) The hearing shall be given before the department imposes the suspension or revocation of driving privileges. (b) Before the hearing, the department shall notify the person in the manner described in ORS 809.430. (c) The hearing shall be in the county where the person resides …
ORS 809.450 Hearing for rescission of suspension for financial and future responsibility violations; grounds. (1) If a person whose driving privileges have been suspended for one of the reasons specified in subsection (2) of this section requests that the suspension be rescinded and specifies the reason for the request, the Department of Transportation may provide a hearing to determine the validity of the suspension. The department may rescind a suspension only as provided in subsection (3) of this section
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(2) This section applies to suspensions under: (a) ORS 809.415 for failure to make a future responsibility filing; (b) ORS 809.415 for false certification of financial responsibility requirements; and (c) ORS 809.417 for involvement in a motor vehicle accident when the department…
ORS 809.460 Rescission of suspension or revocation upon appeal of underlying conviction. (1) Except as provided in subsection (4) of this section, if a suspension or revocation of driving privileges is based upon a conviction, the court that entered the judgment of conviction may direct the Department of Transportation to rescind the suspension or revocation if
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(a) The person has appealed the conviction; and (b) The person requests in writing that the court direct the department to rescind the suspension or revocation pending the outcome of the appeal. (2) If directed by a court pursuant to subsection (1) of this section to do so, the d…
ORS 809.470 When judgment considered settled for purposes of suspension requirements. (1) This section establishes when a judgment described under ORS 806.040 is settled for purposes of ORS 809.130, 809.280 and 809.415. A judgment shall be deemed settled for the purposes described if any of the following occur
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(a) Payments in the amounts established by the payment schedule under ORS 806.070 have been credited upon any judgment or judgments rendered in excess of those amounts. (b) Judgments rendered for less than the amounts established under ORS 806.070 have been satisfied. (c) The jud…
ORS 809.480 Driver improvement programs; rules; purpose; suspension; fee. (1) The Department of Transportation may establish, by administrative rule, programs for the improvement of the driving behavior of persons who drive in this state. The programs shall have as their goal the reduction of traffic convictions and especially accidents. The programs may include, but need not be limited to, letters, interviews and classroom instruction
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(2) The department may establish programs for persons who are under 18 years of age that are different from programs for adults. Differences may include, but need not be limited to, differences in criteria for entry into a program and differences in content. (3) The department, u…
ORS 809.490 Suspension or revocation of driving privileges of nonresident driver; reports to home state. (1) If the defendant named in any certified copy of a judgment reported to the Department of Transportation is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident
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(2) The department, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offenses under the motor vehicle laws of this state, may forward a certified copy of such record to the motor vehicle administrator in the state wherein t…
ORS 809.500 Failure to return suspended, revoked or canceled license; penalty. (1) A person commits the offense of failure to return a suspended, revoked or canceled license if the person has driving privileges suspended, revoked or canceled and the person fails to immediately return to the Department of Transportation any license or driver permit issued by the department
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(2) If any person fails to return a license or driver permit on suspension, revocation or cancellation of the person’s driving privileges, the department may request any peace officer to secure possession thereof and return it to the department. (3) The offense described in this …
ORS 809.510 Conviction of crime; refusal or failure of blood alcohol test; suspension in another jurisdiction. (1) Except as otherwise provided by ORS 809.510 to 809.545, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of one year when the department receives
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(a) A record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver. (b) A record of conviction of a crime punishable as a felony involving the operation of a motor vehicle. (c) A record of conviction for driving a commercial motor vehicle while, …
ORS 809.515 Failure to appear, pay fine or obey court order in another jurisdiction; disqualification by Federal Motor Carrier Safety Administration. (1)(a) The Department of Transportation shall suspend the commercial driving privileges of a person if the department receives a notice from another jurisdiction that the person failed to appear in a prosecution on a citation for a traffic offense or for a violation in the other jurisdiction that, if committed in this state, would be grounds for suspension under ORS 809.220, and the person held commercial driving privileges or was operating a commercial motor vehicle at the time of the offense. The period of a suspension under this subsection is the shorter of
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(A) Ten years; or (B) Until the department receives notice from the other jurisdiction that the person appeared. (b) The department shall suspend a person’s commercial driving privileges under this subsection without regard to whether the other jurisdiction suspends any driving p…
ORS 809.520 Lifetime suspension of commercial driving privileges; rules. (1) The Department of Transportation shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime punishable as a felony in which a motor vehicle was used and that involved the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 475.005. The department may not reinstate commercial driving privileges of a person whose commercial driving privileges are suspended under this subsection
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(2) The department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of …
ORS 809.525 Serious traffic offenses; rules. (1) Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 60 days if
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(a) The department receives a record of a conviction of a serious traffic offense; (b) The offense was committed within three years of the commission of another serious traffic offense for which the department received a record of a conviction; and (c) The offenses did not arise …
ORS 809.530 Violation of out-of-service order. (1) Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 180 days if the department receives a report that the person violated an out-of-service order issued under ORS 813.050 or has violated any other out-of-service order or notice. A report under this section may include, but need not be limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to make a determination that the person has violated an out-of-service order or notice
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(2) The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report as described in subsection (1) of this section and: (a) The person committed the violation while transporting hazardous materials; or (b) Th…
ORS 809.535 Suspension of commercial driver license for specified rail crossing violations. (1) The driver of a commercial motor vehicle is subject to suspension of the driver’s commercial driving privileges upon conviction of any of the following offenses
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(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. (c) Obstructing a rail crossing in violation of ORS 811.475. (d) Failure of the operator of a commercial motor…
ORS 809.540 Right to apply. (1) If the Department of Transportation receives a record, report or notice described in ORS 809.510 to 809.545, and the person who is the subject of the record, report or notice was driving a commercial motor vehicle at the time of the incident giving rise to the record, report or notice but did not hold commercial driving privileges at the time of the incident, the department shall suspend the person’s right to apply for commercial driving privileges for the period specified in ORS 809.510 to 809.545
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(2) If the department receives a record, report or notice described in ORS 809.510 to 809.545, and the commercial driving privileges of the person who is the subject of the record, report or notice are due to expire during the suspension period, the department shall suspend the p…
ORS 809.545 Administrative review. (1) Except as provided in subsections (2) and (3) of this section, a person is entitled to administrative review under ORS 809.440 for a suspension of commercial driving privileges under ORS 809.510 to 809.545, or a suspension of the right to apply for commercial driving privileges under ORS 809.540
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(2) A person is entitled to a hearing under ORS 813.410 for a suspension of commercial driving privileges under ORS 809.510 (3), (4) or (5), or a suspension of the right to apply for commercial driving privileges under ORS 809.540 based on ORS 809.510 (3), (4) or (5). (3) A perso…
ORS 809.550 Application of ORS 809.510 to 809.545. The provisions of ORS 809.510 to 809.545 apply
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(1) When an individual’s conduct involves driving a commercial motor vehicle, without regard to whether an individual held commercial driving privileges on the date the conduct occurred. (2) When an individual’s conduct involves driving a motor vehicle, if the individual held com…
ORS 809.600 Kinds of offenses and number of convictions. This section establishes the kinds of offenses and the number of convictions necessary to revoke the driving privileges of a person as a habitual offender under ORS 809.640. The kinds of offenses and the number of convictions necessary to revoke driving privileges as a habitual offender are as follows
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(1) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of three or more of any one or more of the following offenses as evidenced by the records maintained by the Department of Transportation or by th…
ORS 809.605 Determination of which offenses count; rules. The Department of Transportation shall adopt rules specifying which traffic offenses count for the purpose of determining that a person is a habitual offender under ORS 809.600 (2) because the person has been convicted of 20 or more traffic offenses. [2001 c.494 §3]
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[Repealed or reserved.]
ORS 809.610 Restriction of driving privileges; notice; meeting. (1) When the Department of Transportation receives an abstract of the conviction under ORS 810.375, and the conviction is the second one of those described by ORS 809.600 (1) for the person or the 19th of those described by ORS 809.600 (2) for the person, the department may restrict the person’s driving privileges and shall send the person notice of the restrictions by first class mail
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(2) A person notified under subsection (1) of this section of restrictions placed on the person’s driving privileges may request a meeting with a representative of the department to determine whether the restrictions may be lifted. [1985 c.16 §181; 1989 c.15 §1; 1999 c.1051 §284;…
ORS 809.620 [1985 c.16 §183; 1989 c.15 §2; repealed by 1991 c.702 §20]
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[Repealed or reserved.]
ORS 809.630 [1985 c.16 §185; repealed by 1991 c.702 §20]
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[Repealed or reserved.]
ORS 809.640 Procedures on habitual offender determination. When the Department of Transportation determines from the driving record of a person as maintained by the department that a person’s driving privileges are required to be revoked as a habitual offender under ORS 809.600, the department shall revoke the driving privileges of the person. A person is entitled to administrative review of a revocation under this section. [1983 c.338 §367; 1985 c.16 §187; 1991 c.702 §12a]
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[Repealed or reserved.]
ORS 809.650 [1983 c.338 §366; 1985 c.16 §186; repealed by 2018 c.76 §1]
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[Repealed or reserved.]
ORS 809.660 [1985 c.16 §189; repealed by 2018 c.76 §1]
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VEHICLE IMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE
ORS 809.698 Definition of “vehicle immobilization device.” As used in ORS 809.700 and 809.702, a “vehicle immobilization device” means a device that may be clamped and locked onto a part of a motor vehicle for the purpose of immobilizing the vehicle. [1997 c.540 §2; 1999 c.467 §1]
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[Repealed or reserved.]
ORS 809.700 Court-ordered impoundment or immobilization upon conviction; grounds; duration; vehicles subject; return; security interest holder rights. A court may order a motor vehicle impounded or immobilized upon conviction for the traffic offenses described in this section. The authority to impound or immobilize a vehicle under this section is subject to all of the following
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(1) The court may order a vehicle impounded or immobilized under this section when a person is convicted: (a) For 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 …
ORS 809.702 Tampering with vehicle immobilization device; penalty. (1) A person commits the offense of tampering with a vehicle immobilization device if the person does anything to a vehicle immobilization device that was ordered installed under ORS 809.700 that circumvents the operation of the device
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(2) The offense described in this section, tampering with a vehicle immobilization device, is a Class A traffic violation. [1997 c.540 §5; 1999 c.467 §3]
ORS 809.710 Authority to refuse to release vehicle to intoxicated person. Notwithstanding any other provision of law, a police officer, a police agency or any person acting as an agent for either has authority to refuse to release or authorize release of any motor vehicle from custody to any person who is visibly under the influence of intoxicants. [Formerly 484.225]
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[Repealed or reserved.]
ORS 809.715 [Formerly 806.014; 1997 c.514 §5; repealed by 2001 c.748 §2]
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[Repealed or reserved.]
ORS 809.716 Hearing on impoundment. (1) A person entitled to lawful possession of a vehicle impounded under ORS 809.720 may request a hearing to contest the validity of the impoundment. A request must be made within five calendar days after the date that notice of the impoundment is mailed, as evidenced by the postmark, not including Saturdays, Sundays or holidays. The request shall be made to a person designated by the impounding police agency to receive such requests
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(2) When a timely request for a hearing is made, a hearing shall be held before a hearings officer designated by the impounding police agency. The hearing shall be set for four calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be post…
ORS 809.720 Impoundment for specified offenses; grounds; notice; release. (1) A police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this subsection may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This subsection applies to the following offenses
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(a) Driving while suspended or revoked in violation of ORS 811.175 or 811.182. (b) Driving while under the influence of intoxicants in violation of ORS 813.010. (c) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010. (d) Drivi…
ORS 809.725 Notice following impoundment under city or county ordinance. (1) When a motor vehicle is impounded under authority of a city or county ordinance, the city or county shall give notice of the impoundment to the owners of the motor vehicle and to any lessors or security interest holders as shown on the records of the Department of Transportation. The notice shall be given within 48 hours of impoundment
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(2) The notice required by subsection (1) of this section shall be given to the same parties, in the same manner and within the same time limits as provided in ORS 819.180 for notice after removal of a vehicle. [1997 c.514 §3]
ORS 809.730 Seizure of motor vehicle for civil forfeiture; driving while under the influence of intoxicants. (1) A motor vehicle may be seized and forfeited if the person operating the vehicle is arrested or issued a citation for driving while under the influence of intoxicants in violation of ORS 813.010 and the person, within three years prior to the arrest or issuance of the citation, has been convicted of
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(a) Driving while under the influence of intoxicants in violation of: (A) ORS 813.010; or (B) 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…
ORS 809.735 Preemption of local forfeiture ordinances. (1) The seizure and forfeiture provisions of ORS 809.730 do not preempt a city or county ordinance enacted and in effect on June 22, 1999, relating to forfeiture of a motor vehicle operated by a person described in ORS 809.730
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(2) The seizure and forfeiture provisions of ORS 809.730 do not preempt a city with a population exceeding 400,000 or a county with a population exceeding 500,000 from enacting, on or before January 1, 2000, an ordinance relating to seizure and forfeiture of a motor vehicle opera…
ORS 809.740 Seizure of motor vehicle for forfeiture; driving while suspended or revoked. (1) A motor vehicle may be seized for forfeiture if the person operating the motor vehicle is arrested or issued a citation for criminal driving while suspended or revoked under ORS 811.182 or aggravated driving while suspended or revoked under ORS 163.196, and the person, within three years prior to the arrest or issuance of the citation, has been convicted of
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(a) Criminal driving while suspended or revoked under ORS 811.182; or (b) Aggravated driving while suspended or revoked under ORS 163.196. (2) All seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. [2013 c.374 §2]
ORS 809.745 Adoption of policies and procedures prior to forfeiture. A law enforcement agency, as defined in ORS 136.595, may not seize a vehicle for forfeiture under ORS 131.602 (137) or (138) or 809.740, unless the agency has adopted policies and procedures for seizure, including policies relating to when a police officer may seize a motor vehicle for forfeiture under ORS 131.602 (137) or (138) or 809.740. [2013 c.374 §3; 2017 c.21 §125]
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