ORS Chapter 809

Chapter 809 — Refusal,Suspension, Cancellation and Revocation of Registration,

Title, DrivingPrivileges and Identification Card; Vehicle Impoundment

 

2009 EDITION

 

 

SUSPENSIONAND REVOCATION; IMPOUNDMENT

 

OREGONVEHICLE CODE

 

SUSPENSIONAND CANCELLATION OF REGISTRATIONS AND TITLES

 

809.010     Court-orderedsuspension

 

809.020     Responseto court-ordered suspension

 

809.030     Restorationfee

 

809.040     Hearing;notice; judicial review

 

809.050     Revocationor suspension of registration of employer for failure to make futureresponsibility filing

 

809.080     Failureto return suspended registration; penalty

 

809.090     Cancellationof registration or title for failure to qualify

 

809.095     Cancellationof registration for false certification of

compliancewith financial responsibility requirements

 

809.100     Hearingon proposed cancellation or refusal; judicial review

 

809.110     Failureto surrender canceled registration or title; penalty

 

REGISTRATION,DRIVING PRIVILEGES OR IDENTIFICATION CARD

 

809.120     Courtrecommended suspension of registration or driving privileges for weightviolation

 

809.130     Suspensionor revocation of registration or driving privileges for unsettled judgment

 

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

 

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

 

DRIVINGPRIVILEGES

 

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

 

809.210     Suspensionor restriction of driving privileges for failure to pay fine or obey courtorder; exceptions

 

809.220     Failureto appear; suspension or other procedures

 

809.230     Courtsuspension or revocation of nonresident driving privileges

 

809.235     Permanentrevocation of driving privileges upon conviction of certain crimes; restorationof privileges

 

809.240     Courtimposition of suspension or revocation; taking possession of license or permit;temporary permit

 

809.260     Denialof driving privileges for convicted juvenile

 

809.265     Suspensionfor inhalant or controlled substances conviction

 

(AdditionalAuthority of Court)

 

809.267     Additionalfee upon notice of suspension or restriction

 

809.270     Driverimprovement course; enforcement by suspension or restriction of privileges

 

(ProceduresFollowing Court Suspension or Revocation)

 

809.275     Courtto take possession of license or permit; effective date of suspension orrevocation

 

809.280     Departmentprocedures following court order or recommendation; length of suspension orrevocation

 

(Cancellation,Refusal to Issue, Suspension or Revocation)

 

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

 

809.320     Cancellationon written request of parent or legal guardian

 

809.360     Generalprovisions relating to suspension or revocation of driving privileges

 

809.380     Periodof suspension; effect; reinstatement; fee

 

809.390     Periodof revocation; effect; reinstatement; fee

 

809.400     Suspensionor revocation for out-of-state conviction

 

809.404     Disqualificationfrom holding commercial driver license

 

809.406     Cancellationand disqualification from holding driver license with Class A or Class B farmendorsement

 

809.407     Suspensionof commercial driver license for specified railroad crossing violations

 

809.409     Revocationfor conviction of crime

 

809.411     Suspensionfor conviction of crime

 

809.412     Authorityof juvenile court for suspension or revocation

 

809.413     Suspensionof commercial driver licenses; length of suspension

 

809.415     Suspensionsfor conduct involving judgments, financial responsibility, dishonesty

 

809.416     Whenperson subject to suspension under ORS 809.415; duration

 

809.417     Suspensionfor conduct regarding accidents

 

809.419     Suspensionsfor physical or mental condition or impairment

 

809.421     Suspensionsfor miscellaneous driving-related actions

 

809.423     Suspensionsfor nondriving-related actions by minors

 

809.428     Scheduleof suspension or revocation periods for certain offenses

 

809.430     Noticeof suspension, cancellation or revocation; contents; service

 

809.440     Hearingand administrative review procedures

 

809.450     Hearingfor rescission of suspension for financial and future responsibilityviolations; grounds

 

809.460     Rescissionof suspension or revocation upon appeal of underlying conviction

 

809.470     Whenjudgment considered settled for purposes of suspension requirements

 

809.480     Driverimprovement programs; rules; purpose; suspension; fee

 

809.490     Suspensionor revocation of driving privileges of nonresident driver; reports to homestate

 

809.500     Failureto return suspended, revoked or canceled license; penalty

 

(HabitualOffenders)

 

809.600     Kindsof offenses and number of convictions

 

809.605     Determinationof which offenses count; rules

 

809.610     Restrictionof driving privileges; notice; meeting

 

809.640     Procedureson habitual offender determination

 

809.650     Effectof habitual offender revocation

 

809.660     Restorationof privileges

 

VEHICLEIMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE

 

809.698     Definitionof “vehicle immobilization device”

 

809.700     Court-orderedimpoundment or immobilization upon conviction; grounds; duration; vehiclessubject; return; security interest holder rights

 

809.702     Tamperingwith vehicle immobilization device; penalty

 

809.710     Authorityto refuse to release vehicle to intoxicated person

 

809.716     Hearingon impoundment

 

809.720     Impoundmentfor specified offenses; grounds; notice; release

 

809.725     Noticefollowing impoundment under city or county ordinance

 

809.730     Seizureof motor vehicle for civil forfeiture

 

809.735     Preemptionof local forfeiture ordinances

 

SUSPENSIONAND CANCELLATION OF REGISTRATIONS AND TITLES

 

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

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

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

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

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

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

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

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

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

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

      (a)Did not have a valid license and knowingly consented to the operation of thevehicle 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]

 

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

      (1)ORS 809.120, the department shall impose the suspension as recommended by thecourt.

      (2)ORS 809.010, the department shall forthwith suspend the registration andrequire the owner to return the registration card and plates. When thedepartment 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 ofthe period specified by the court in its order upon payment by the owner to thedepartment of a restoration fee established under ORS 809.030. The departmentmay not charge the owner any fee for the card and plates other than therestoration 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, untilnotified by the court to reinstate the registration and until the departmentreceives proof of compliance with future responsibility filings from theemployer, if the department determines that all of the following apply:

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

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

      (c)The judgment continues to be unsettled.

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

 

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

 

      809.040Hearing; notice; judicial review. (1) When a hearing is required underORS 809.020 or 809.050, the Department of Transportation shall afford a personan 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 meetingthe requirements under ORS 809.430.

      (b)The hearing, if requested, shall be in