Bill Text: OR HB2772 | 2013 | Regular Session | Introduced

Oregon House Bill 2772 (Prior Session Legislation)

Bill Title: Relating to provisional driver licenses.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2772 Detail]

Download: Oregon-2013-HB2772-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2633

                         House Bill 2772

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Restricts number of passengers holder of provisional driver
license may have in motor vehicle.
  Increases length of nighttime driving restriction for holders
of provisional driver licenses.

                        A BILL FOR AN ACT
Relating to provisional driver licenses; creating new provisions;
  and amending ORS 807.065 and 807.122.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 807.122 is amended to read:
  807.122. (1) The Department of Transportation shall place the
following restrictions on a provisional driver license issued
under ORS 807.065:
  (a) Except as provided in subsections (2) and (3) of this
section, for the first six months after issuance of the license,
the holder of the license may not operate a motor vehicle that is
carrying a passenger under 20 years of age who is not a member of
the holder's immediate family.   { - For the second six
months - }  { +  After the first six months and until the holder
of the license is 18 years of age + }, the holder of the license
may not operate a motor vehicle that is carrying more than
 { - three passengers who are - }  { +  one passenger who is + }
under 20 years of age   { - and who are not members - }  { +  who
is not a member + } of the holder's immediate family.
  (b)   { - For the first year after issuance of the license, - }
 { +  Until the holder of the license is 18 years of age, + } the
holder of the license may not operate a motor vehicle between the
hours of 12 midnight and 5 a.m. except when:
  (A) The holder is driving between the holder's home and place
of employment;
  (B) The holder is driving between the holder's home and a
school event for which no other transportation is available;
  (C) The holder is driving for employment purposes; or
  (D) The holder is accompanied by a licensed driver who is at
least 25 years of age.
  (2) Subsection (1)(a) of this section does not apply to the
holder of a provisional driver license who:
  (a) Is employed by a farmer, rancher or orchardist;
  (b) Is operating, solely for employment purposes, a motor
vehicle that is owned by the employer and for which financial
responsibility requirements of ORS 806.060 have been met;
  (c) Is transporting passengers who are employed by the same
employer as the driver and who are being transported solely for
employment purposes;
  (d) Is not transporting more passengers than the number of
available seat belts; and
  (e) Has in the vehicle a written statement signed by the
employer certifying that the driver is employed by the employer
and that there is no other option for transporting the employees.
  (3) Subsection (1)(a) of this section does not apply to the
holder of a provisional driver license who is 16 or 17 years of
age and who is operating a motor vehicle with:
  (a) An instructor in the vehicle as part of a certified traffic
safety education course; or
  (b) A person in the vehicle who has valid driving privileges
and who is the parent or stepparent of the holder of the license.
  SECTION 2. ORS 807.065 is amended to read:
  807.065. (1) The Department of Transportation may   { - not - }
issue a  { + provisional + } driver license to a person who is
under 18 years of age   { - unless - }  { +  only if + } the
person:
  (a) Complies with the requirements of ORS 807.040 and 807.066;
  (b) Passes an examination designed to test the person's
knowledge and understanding of safe driving practices, in
addition to any examination required under ORS 807.070;
  (c) Has had, for at least six months prior to application for
the license, an instruction driver permit issued under ORS
807.280 or the equivalent of an instruction driver permit issued
by another state of the United States or by the District of
Columbia;
  (d) Certifies to the department that the person has had at
least 50 hours of driving experience during which the person was
supervised by a person at least 21 years of age who has had a
valid driver license for at least three years; and
  (e) Completes a traffic safety education course that meets
standards developed by the department under ORS 802.345. In lieu
of completion of a traffic safety education course, a person may
certify to the department that the person has had at least 50
hours of driving experience during which the person was
supervised by a person at least 21 years of age who has had a
valid driver license for at least three years, in addition to the
50 hours required by paragraph (d) of this subsection.
  (2) A person under 18 years of age need not comply with the
requirements of subsection (1)(c), (d) and (e) of this section if
the person has been issued a driver license by another state and
surrenders that license in order to get an Oregon license.
  (3) If the person takes but does not pass a test that consists
of an actual demonstration of driving ability under ORS 807.070,
the department may not allow the person to perform the
demonstration again until the person has had an instruction
permit issued pursuant to ORS 807.280 for a period of not less
than one month.
    { - (4) A driver license issued pursuant to this section
shall be a provisional driver license. - }
    { - (5) - }  { +  (4) + } The department shall prominently
identify each driver license issued pursuant to this section as a
provisional driver license.
  SECTION 3.  { + The amendments to ORS 807.122 by section 1 of
this 2013 Act apply to persons who hold provisional driver
licenses issued before, on or after the effective date of this
2013 Act. + }
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