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2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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 or 811.730.
(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) The department shall suspend the driving privileges of any person for a period of time required by this subsection if the person is involved in a motor vehicle accident at any time when the department determines the person has been operating a vehicle in violation of ORS 806.010. A suspension under this subsection shall be for a period of one year except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filing requirements.
(3)(a) The department may suspend the driving privileges of a person who, while operating a motor vehicle, causes or contributes to an accident resulting in death to any other person if the department has reason to believe that the person’s incompetence, recklessness, criminal negligence or unlawful operation of the vehicle caused or contributed to the accident.
(b) A suspension under this subsection shall continue for a period determined by the department and shall be subject to any conditions the department determines to be necessary.
(c) The department may impose an immediate suspension of driving privileges of any person described in paragraph (a) of this subsection without hearing and without receiving a record of the conviction of the person of a crime if the department has reason to believe that the person may endanger people or property if the person’s driving privileges are not immediately suspended. A suspension under this paragraph is subject to a post-imposition hearing under ORS 809.440. [2003 c.402 §6; 2003 c.402 §6b]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 809.421 - Suspensions for miscellaneous driving-related actions.

(1)(a) The Department of Transportation may suspend the driving privileges of a person who:
(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 shall be subject to any conditions the department determines to be necessary.
(c) The department may impose an immediate suspension of driving privileges of any person described in paragraph (a) of this subsection without hearing and without receiving a record of the conviction of the person of a crime if the department has reason to believe that the person may endanger people or property if the person’s driving privileges are not immediately suspended. A suspension under this paragraph is subject to a post-imposition hearing under ORS 809.440.
(2) Agreements entered under ORS 802.530 may establish grounds and procedures for the suspension of driving privileges.
(3) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of the person of a crime if the department receives satisfactory evidence that the person has violated restrictions placed on the person’s driving privileges under ORS 807.120. A suspension under this subsection shall be subject to a post-imposition hearing under ORS 809.440. A suspension under this subsection shall continue for a period determined by the department, but in no event for longer than one year, and shall be subject to any conditions the department determines to be necessary. [2003 c.402 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 809.428 - Schedule of suspension or revocation periods for certain offenses.

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 Schedule I are as provided in this subsection. The period of suspension or revocation under this schedule shall be:
(a) Ninety days for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.
(b) One year for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.
(c) Three years for a third or subsequent offense where the commission of the third or subsequent offense and two or more convictions for separate offenses occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.
(2) Schedule II. The suspension or revocation periods under Schedule II are as provided in this subsection. The period of suspension or revocation under this schedule shall be:
(a) One year for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.
(b) Three years for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period.
(c) Three years for a third or subsequent offense, where the commission of the third or subsequent offense and a conviction for a separate offense occur within a five-year period. [Formerly 809.420]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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.801 §1; 1991 c.695 §1; 1993 c.741 §83; 2013 c.237 §21; 2019 c.312 §24]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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 has determined that the person has been operating a vehicle in violation of ORS 806.010.
(3) The granting of a hearing under this section shall not stay the suspension. However, the department shall rescind the suspension if the department determines:
(a) That an error was committed by the department;
(b) That the person in fact was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150;
(c) That an error was committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150;
(d) That the person was not in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 and the department also determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date the department sent the notice of verification and that the person currently is in compliance with financial responsibility requirements; or
(e) That at the time of the accident the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements and the person is currently in compliance with financial responsibility requirements.
(4) The hearing shall be held in the manner provided in ORS 809.440. [1985 c.714 §11; 1987 c.258 §10; 2003 c.402 §31; 2019 c.312 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 department shall immediately rescind a suspension or revocation of driving privileges.
(3) The court shall notify the department immediately if the conviction is affirmed on appeal, the appeal is dismissed or the appeal is not perfected within the statutory period. Upon receipt of notice under this subsection, the department shall reimpose any suspension or revocation that has been rescinded under this section.
(4) If a person’s commercial driving privileges are suspended under ORS 809.510 to 809.545, the department may not rescind suspension of the person’s commercial driving privileges because the person has taken an appeal, unless the conviction is reversed on appeal. [1983 c.338 §359; 1985 c.16 §174; 1989 c.636 §38; 1993 c.751 §61; 1997 c.347 §1; 2003 c.402 §32; 2005 c.649 §17; 2013 c.237 §23]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 judgment creditor and the judgment debtor have mutually agreed upon a compromise settlement of the judgment.
(d) The judgment against the judgment debtor has been discharged in bankruptcy.
(2) Payments made in settlement of any claims because of bodily injury, death or property damage arising from the accident shall be credited in reduction of the amounts provided for in subsection (1) of this section. [1983 c.338 §360; 1985 c.16 §175; 2003 c.175 §11; 2003 c.402 §33]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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, under a program authorized by this section, may suspend driving privileges based on any of the following:
(a) A person’s record of convictions or accidents.
(b) A person’s failure or refusal to complete or comply with a requirement of a program established by the department under this section.
(4) The department may charge a reasonable fee to participants in a driver improvement program to cover costs of administration.
(5) Any suspension that the department stays under a driver improvement program in this section shall continue for the full term of the suspension if a person fails to complete the program. For purposes of reinstating driving privileges, the stay of a suspension under this section may not be used to determine the length of time a person’s driving privileges have been suspended if the person does not successfully complete the program.
(6) A person is entitled to administrative review of a suspension imposed under this section if based on a conviction. [1983 c.338 §368; 1985 c.16 §190; 1991 c.702 §12; 2001 c.176 §2; 2003 c.402 §34]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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 the person so convicted is a resident.
(3) The department 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 to operate a motor vehicle of a resident of this state may be suspended or revoked.
(4) If the driving privileges of a nonresident are revoked or suspended, the department shall transmit a copy of the record of such action to the official in charge of the issuance of licenses in the state, territory, federal possession or district or province of Canada in which the nonresident resides, if the law of the other jurisdiction provides for action in relation thereto similar to that provided under ORS 809.400 for residents of this state whose driving privileges are suspended or revoked in another jurisdiction. [1983 c.338 §361; 1985 c.16 §176; 1985 c.173 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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 and the person fails to immediately return to the Department of Transportation any license or driver permit issued by the department.
(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 section, failure to return a suspended, revoked or canceled license, is a Class C misdemeanor. [1983 c.338 §363; 1985 c.16 §178; 1985 c.393 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 privileges of the person by reason of the person’s failure to appear.
(c) This subsection does not apply to failure to appear in a proceeding relating to a parking, pedestrian, vehicle defect or bicycling offense.
(2) The department shall suspend the commercial driving privileges of a person if the department receives a notice from the Federal Motor Carrier Safety Administration that the person has been disqualified from operating a commercial motor vehicle and that the disqualification is due to a determination that the driving of that person constitutes an imminent hazard. The department shall immediately suspend commercial driving privileges under this subsection without hearing, but the person may request a post-imposition hearing under ORS 809.440 (5), without regard to any hearings conducted by the Federal Motor Carrier Safety Administration. The period of a suspension under this section is the period of suspension prescribed by the Federal Motor Carrier Safety Administration, or one year, whichever is shorter. [2013 c.237 §5; 2020 s.s.1 c.10 §9; 2021 c.630 §84]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 809.520 - Lifetime suspension of commercial driving privileges; rules.

(1) Notwithstanding ORS 809.510 (1) to (5) and (7), 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.
(2) Notwithstanding ORS 809.510 (1) to (5) and (7), 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 trafficking in persons as defined by the department by rule. The department may not reinstate commercial driving privileges of a person whose commercial driving privileges are suspended under this subsection.
(3)(a) Notwithstanding ORS 809.510 (1) to (5) and (7), the department shall suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a second or subsequent record, report or notice described in ORS 809.510 (1) to (5) and (7) that does not arise out of the same incident and that would be grounds for suspension of the person’s commercial driving privileges under ORS 809.510 (1) to (5) and (7).
(b) The department may adopt rules providing for the reinstatement of commercial driving privileges suspended under this subsection. The department may not reinstate commercial driving privilege suspensions under this subsection earlier than 10 years after the date that the person’s commercial driving privileges are suspended under paragraph (a) of this subsection.
(c) The department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record, report or notice described in paragraph (a) of this subsection that relates to conduct that occurred after the person’s commercial driving privileges were reinstated under paragraph (b) of this subsection. The department may not reinstate the commercial driving privileges of a person whose commercial driving privileges are suspended under this paragraph.
(4) A suspension imposed under this section is consecutive to any other suspension imposed under ORS 809.510, 809.525, 809.530 or 809.535, if the suspensions do not arise out of the same incident. [2013 c.237 §6; 2021 c.630 §§107,108; 2023 c.400 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 out of the same incident.
(2) The department shall suspend the commercial driving privileges of a person for a period of 120 days if:
(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 two or more other serious traffic offenses for which the department received records of conviction; and
(c) The offenses did not arise out of the same incident.
(3) The department by rule shall designate traffic offenses that constitute serious traffic offenses for the purposes of this section. To the extent practicable, rules adopted by the department under this section shall be uniform with any applicable federal regulations related to offenses that constitute serious traffic offenses.
(4) A report of a conviction in another jurisdiction has the same effect as if the serious traffic offense conviction had occurred in this state.
(5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.530 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 §7; 2017 c.190 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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) The person committed the violation while operating a motor vehicle designed to transport 16 or more persons, including the driver.
(3) The department shall suspend the commercial driving privileges of a person for a period of three years if:
(a) The department receives a report as described in subsection (1) of this section; and
(b) The violation was committed within 10 years of the commission of one or more other violations of out-of-service orders for which the department received reports as described in subsection (1) of this section.
(4) The department shall suspend the commercial driving privileges of a person for a period of five years if the department receives a report that meets the requirements of subsection (3) of this section and:
(a) The violation that is the subject of the report occurred while the person was transporting hazardous materials; or
(b) The person committed the violation while operating a motor vehicle designed to transport 16 or more persons, including the driver.
(5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.525 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment 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 driving privileges 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
(C) The convictions arose out of separate incidents.
(c) One year if:
(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
(C) The convictions arose out of separate incidents.
(3) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.
(4) A report of a conviction in another jurisdiction of an offense described in subsection (1) of this section has the same effect as if the conviction had occurred in this state.
(5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.525 or 809.530 if the suspensions do not arise out of the same incident. [Formerly 809.407; 2013 c.237 §18; 2017 c.176 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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 person’s right to apply for commercial driving privileges for the suspension period specified in ORS 809.510 to 809.545. [2013 c.237 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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 person is entitled to a hearing under ORS 813.410 for a suspension of commercial driving privileges under ORS 809.520 (3) when the suspension is based on conduct described in ORS 809.510 (3), (4) or (5), or a suspension of the right to apply for commercial driving privileges under ORS 809.540 when the suspension is based on conduct described in ORS 809.510 (3), (4) or (5). [2013 c.237 §11; 2021 c.630 §§110,111]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 809.550 - Application of ORS 809.510 to 809.545.

The provisions of ORS 809.510 to 809.545 apply:
(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 commercial driving privileges in any jurisdiction on the date the conduct occurred. [2021 c.630 §115]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 the records of a similar agency of another state:
(a) Any degree of murder, manslaughter, criminally negligent homicide, assault, recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.
(b) Driving while under the influence of intoxicants under ORS 813.010.
(c) Criminally driving a motor vehicle while suspended or revoked, under ORS 811.182.
(d) Reckless driving under ORS 811.140.
(e) Failure to perform the duties of a driver under ORS 811.700 or 811.705.
(f) Fleeing or attempting to elude a police officer under ORS 811.540.
(g) Aggravated vehicular homicide under ORS 163.149 or aggravated driving while suspended or revoked under ORS 163.196.
(2) A person’s driving privileges shall be revoked as a habitual offender if the person, within a five-year period, has been convicted of 20 or more of any one or more of the following offenses as evidenced by the records maintained by the department or by a similar agency of another state:
(a) Any offenses enumerated in subsection (1) of this section.
(b) Any offense specified in the rules of the department adopted under ORS 809.605.
(3) A person’s driving privileges shall not be revoked under subsection (2) of this section until the person’s 21st conviction within a five-year period when the 20th conviction occurs after a lapse of two years or more from the last preceding conviction.
(4) The offenses described under this section include any of the following:
(a) Any violation of a traffic ordinance of a city, municipal or quasi-municipal corporation that substantially conforms to offenses described under this section.
(b) Any violation of offenses under any federal law or any law of another state, including subdivisions thereof, that substantially conform to offenses described in this section.
(5) A revocation under this section shall continue for a period of five years from the date of revocation. [1983 c.338 §365; 1985 c.16 §179; 1987 c.730 §17; 1987 c.887 §7; 1989 c.592 §6; 1991 c.601 §5; 1991 c.728 §4; 1995 c.209 §3; 1999 c.1051 §283; 2001 c.494 §1; 2007 c.867 §11; 2009 c.783 §12; 2018 c.76 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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; 2001 c.104 §303; 2001 c.494 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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 postponed at the request of the person asking for the hearing.
(3) The impounding police agency shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of ORS 806.010, 807.010, 811.175, 811.182 or 813.010. The police officer who ordered the vehicle impounded may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.
(4) If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs. The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing.
(5) If the hearings officer finds that impoundment of the vehicle was improper, the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the impounding police agency.
(6) A police agency may contract with another agency or entity to conduct hearings under this section. [Formerly 806.016; 1997 c.514 §4; 1999 c.1051 §284a; 2001 c.748 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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:
(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 vehicle due to the use of an intoxicant or a combination of intoxicants;
(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;
(d) Murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle in this state or in another jurisdiction; or
(e) Aggravated vehicular homicide under ORS 163.149 or aggravated driving while suspended or revoked under ORS 163.196.
(2) For the purposes of subsection (1) of this section, 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.
(3) All seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. [1999 c.1100 §2; 2001 c.104 §304; 2001 c.780 §§18,18a; 2007 c.867 §12; 2007 c.879 §5; 2009 c.78 §61; 2009 c.783 §13; 2017 c.21 §79; 2021 c.253 §5; 2023 c.498 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment › Section 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.
(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 operated by a person described in ORS 809.730.
(3) Notwithstanding subsections (1) and (2) of this section, seizure and forfeiture procedures in a city or county ordinance relating to seizure and forfeiture of a motor vehicle operated by a person described in ORS 809.730 shall be in accordance with ORS chapter 131A. [1999 c.1100 §3; 2009 c.78 §62]
Note:
809.735 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.