Bill Text: OR HB3047 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to suspension of driving privileges; and declaring an emergency.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-06-18 - Chapter 432, (2013 Laws): Effective date June 18, 2013. [HB3047 Detail]

Download: Oregon-2013-HB3047-Introduced.html

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     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 3084

                         House Bill 3047

Sponsored by Representatives OLSON, BARKER, Senator PROZANSKI;
  Representatives KRIEGER, SPRENGER, WILLIAMSON

                             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.

  Extends length of suspension of driving privileges if person
fails to pay fine or obey order of court from 10 years to 20
years.
  Permits court to reinstate driving privileges if certain
conditions are met.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to suspension of driving privileges; creating new
  provisions; amending ORS 809.210, 809.413, 809.415 and 809.416;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 809.210 is amended to read:
  809.210. (1) A court may do any of the following if the
defendant is convicted of any traffic offense and fails or
refuses to pay a fine imposed by the judge or to comply with any
condition upon which payment of the fine or any part of it was
suspended:
  (a) Issue  { + a + } notice  { + of suspension + } to the
Department of Transportation  { + that directs the department + }
to implement procedures under ORS 809.416.
  (b) Order a defendant's driving privileges restricted.
  (2) The authority granted in this section is in addition to or
instead of any other method authorized by law for enforcing a
court order.
  (3) If a court places restrictions on driving privileges under
this section:
  (a) The judge shall immediately advise the department of the
restrictions.
  (b) Upon removal of such restriction, the court shall notify
the department that the restriction is ended.
  (c) The restriction shall remain in effect until ended by the
court.
  (d) The department shall take action as provided under ORS
807.120 on restrictions imposed under this section.
  (e) The restrictions may include any restriction, condition or
requirement.
  (f) Violation of the restriction is punishable as provided
under ORS 807.010.

  (4) If a judge issues  { + a + } notice { +  of suspension that
directs the department + } to implement procedures under ORS
809.416 as provided under this section:
    { - (a) The judge shall immediately send to the department
notice upon payment of the fine as ordered. - }
   { +  (a) And if, at any time within the period of suspension
under this section, a person pays the fine, has begun making
payments according to the payment schedule established by the
court or has obeyed the order of the court, the court shall
immediately send to the department a notice of reinstatement. The
notice of suspension may be reissued if the person ceases making
payments before the fine is paid in full. The reissuance does not
extend the original period of suspension. + }
  (b) The department shall take action on the suspension as
provided under ORS 809.416.
  (5) A court   { - shall - }  { +  may + } not issue  { + a + }
notice { +  of suspension + } under this section  { + that
directs the department + } to implement procedures under ORS
809.416 for failure to pay a fine relating to any parking
offense, pedestrian offense or bicycling offense.
   { +  (6) A notification by a court to the department under
this section shall be in a form prescribed by the department. + }
  SECTION 2. ORS 809.416 is amended to read:
  809.416. This section establishes circumstances that will make
a person subject to suspension under ORS 809.415 (4) and what a
person is required to do to make the person no longer subject to
suspension. The following apply as described:
  (1) A person is subject to suspension under ORS 809.415 (4) if
the Department of Transportation receives notice from a court to
apply this section under ORS 809.220. A person who is subject
under this subsection 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, whichever is earlier. This subsection shall 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, the department shall send a letter by first class mail
advising the person that the suspension will commence 60 days
from the date of the letter unless the person presents the
department with the notice required by this subsection.
  (2) A person is subject to suspension under ORS 809.415 (4) if
the department receives  { + a + } notice { +  of suspension + }
from a court under ORS 809.210  { + indicating + } that a person
has failed { +  or refused + } to pay a fine or obey an order of
the court. A person who is subject under this subsection remains
subject until the person presents the department with  { + a + }
notice  { + of reinstatement + } issued by the court showing that
the person { +  is making payments, + } has paid the fine or
 { + has + } obeyed the order of the court or until   { - 10 - }
 { +  20 + } years have elapsed, whichever is earlier. This
subsection   { - shall - }  { +  does + } not subject a person to
ORS 809.415 (4) for failure  { + or refusal + } to pay a fine
relating to any pedestrian offense, bicycling offense or parking
offense. Upon receipt of { +  a + } notice { +  of suspension + }
from a court, the department shall send a letter by first class
mail advising the person that the suspension will commence 60
days from the date of the letter unless the person presents the
department with the notice { +  of reinstatement + } required by
this subsection.
  (3) A person is subject to suspension under ORS 809.415 (4) if
the person pays the department any fee or tax with a bank check
and the check is returned to the department as uncollectible or
the person tenders payment with a credit or debit card and the
issuer of the card does not pay the department. A person who is
subject under this subsection remains subject until the
department receives the money for the fee or tax and any fee
charged by the department under ORS 802.170 or until five years
have elapsed, whichever is earlier.
  SECTION 3. ORS 809.415 is amended to read:
  809.415. (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.
  (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 been no
final adjudication by a court that the insurer has no such
obligation.
  (C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
  (D) Receives from the court that rendered the judgment an order
permitting the payment of the judgment in installments.
  (c) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
  (2)(a) The department shall suspend the driving privileges of a
person who falsely certifies the existence of a motor vehicle
liability insurance policy or the existence of some other means
of satisfying financial responsibility requirements or of a
person who, after certifying the existence of a motor vehicle
liability insurance policy or other means of satisfying the
requirements, allows the policy to lapse or be canceled or
otherwise fails to remain in compliance with financial
responsibility requirements.
  (b) Notwithstanding paragraph (a) of this subsection, the
department may suspend under this subsection only if proof of
compliance with financial responsibility requirements as of the
date of the letter of verification from the department under ORS
806.150 is not submitted within 30 days after the date of the
mailing of the department's demand under ORS 806.160.
  (c) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
  (3)(a) The department shall suspend the driving privileges of a
person who fails to comply with future responsibility filings
whenever required under the vehicle code or fails to provide new
proof for future responsibility filings when requested by the
department.
  (b) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
  (c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a hearing under ORS 809.440
prior to a suspension under this subsection. A person whose
obligation to make future responsibility filings is based upon a
conviction or other action by a court is entitled to
administrative review under ORS 809.440 of a suspension under
this subsection. A person whose suspension under this subsection
is based on lapses in filing after the initial filing has been
made is entitled to administrative review under ORS 809.440.
  (4)(a) The department shall suspend driving privileges when
provided under ORS 809.416. The suspension shall continue until
the earlier of the following:
  (A) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.416 to make the person not subject to suspension.
  (B) Ten years from the date the suspension is imposed if the
suspension is imposed for a reason described in ORS 809.416 (1)
  { - or (2) or five - }  { + , 20 + } years from the date the
suspension is imposed if the suspension is imposed for
 { - the - }   { + a reason described in ORS 809.416 (2) or five
years from the date the suspension is imposed if the suspension
is imposed for a + } reason described in ORS 809.416 (3).
  (b) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
  (5) Upon determination by the department that a person has
committed an act that constitutes an offense described in ORS
809.310, the department may suspend any driving privileges or any
identification card of the person determined to have committed
the act. A suspension under this subsection shall continue for a
period of one year.
  (6) Upon determination by the department that a person has
submitted false information to the department for the purpose of
establishing or maintaining qualification to operate a commercial
motor vehicle or hold a commercial driver license, the department
may suspend the commercial driver license or the person's right
to apply for a commercial driver license. A suspension under this
subsection shall continue for a period of one year.
  SECTION 4. ORS 809.413 is amended to read:
  809.413. The Department of Transportation shall suspend the
commercial driver license of a person when the department
receives a record of conviction, notification or notice described
in this section. A person is entitled to administrative review
under ORS 809.440 of a suspension under this section. The
department shall suspend the commercial driver license when the
department receives:
  (1) A record of conviction under ORS 811.700 or 811.705 of
failure to perform the duties of a driver while operating a motor
vehicle or a commercial motor vehicle. A conviction described
under this subsection shall result in:
  (a) A suspension for a period of one year if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (b) A suspension for a period of three years if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
  (2) A record of conviction of a crime punishable as a felony
involving the operation of a motor vehicle or a commercial motor
vehicle, other than the felony described in subsection (3) of
this section. A conviction described under this subsection shall
result in:
  (a) A suspension for a period of one year if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (b) A suspension for a period of three years if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been

convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
  (3) A record of conviction of a crime punishable as a felony
that involves the manufacturing, distributing or dispensing of a
controlled substance, as defined in ORS 475.005, and in which a
motor vehicle or commercial motor vehicle was used. A conviction
described under this subsection shall result in a lifetime
suspension of the person's commercial driving license.
  (4) A record of conviction for driving a commercial motor
vehicle while, as a result of prior violations committed while
operating a commercial motor vehicle, the commercial driver
license of the driver had been suspended or revoked. A conviction
described under this subsection shall result in:
  (a) A suspension for a period of one year if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (b) A suspension for a period of three years if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
  (5) A record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first
degree resulting from the operation of a commercial motor vehicle
or aggravated vehicular homicide or aggravated driving while
suspended or revoked. A conviction described under this section
shall result in:
  (a) A suspension for a period of one year if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was not driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (b) A suspension for a period of three years if:
  (A) The person has not previously been convicted of an offense
described in ORS 809.404 or had a commercial driver license
suspended as described in ORS 809.404; and
  (B) The person was driving a commercial motor vehicle
containing a hazardous material at the time of the offense.
  (c) Suspension of the commercial driver license for the
lifetime of the person if the person has previously been
convicted of an offense described in ORS 809.404 or had a
commercial driver license suspended as described in ORS 809.404.
  (6) A record of conviction of a serious traffic violation if
the date the person committed the violation occurred within three
years of the date the person committed another serious traffic
violation for which there is a record of conviction and if the
violations arose out of separate incidents. A suspension under
this subsection shall be:
  (a) For a period of 60 days if the conviction is the person's
second conviction for a serious traffic violation and the person
committed both serious traffic violations within a three-year
period.
  (b) For a period of 120 days if the conviction is the person's
third or subsequent conviction for a serious traffic violation
and the person committed three or more serious traffic violations
within a three-year period. A suspension imposed under this
paragraph shall be consecutive to any other suspension imposed
for a serious traffic violation.
  (7) Notification that a person violated an out-of-service order
issued under ORS 813.050 or has violated any other out-of-service
order or notice. Notification under this subsection may include,
but not be limited to, a record of conviction and 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. A suspension under this
subsection shall be:
  (a) Except as provided in paragraph (b) of this subsection, for
a period of 180 days if the notification relates to the person's
first violation of an out-of-service order or notice.
  (b) For a period of one year if the notification relates to the
person's first violation of an out-of-service order or notice and
the person committed the violation while transporting hazardous
materials required to be placarded or while operating a motor
vehicle designed to transport 16 or more persons, including the
driver.
  (c) Except as provided in paragraph (d) of this subsection, for
a period of three years if the notification relates to a second
or subsequent violation of an out-of-service notice or order that
occurred within a 10-year period.
  (d) For a period of five years if the notification relates to a
second or subsequent violation of an out-of-service notice or
order that occurred within a 10-year period and the person
committed the violation while transporting hazardous materials
required to be placarded or was operating a motor vehicle
designed to transport 16 or more persons, including the driver,
regardless of the load or kind of vehicle involved in the prior
violation.
  (8) Notification from the Federal Motor Carrier Safety
Administration that a person in this state who holds a commercial
driver license in this state 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. A suspension under this subsection shall be made
immediately and for the period prescribed by the Federal Motor
Carrier Safety Administration, except that:
  (a) Notwithstanding any disqualification hearings conducted by
the Federal Motor Carrier Safety Administration, a suspension
under this subsection is subject to a post-imposition hearing
under ORS 809.440.
  (b) Notwithstanding the period of suspension prescribed by the
Federal Motor Carrier Safety Administration, a suspension under
this subsection may not exceed one year.
  (9) Notification from another jurisdiction that the person
failed to appear 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 a commercial driver license or was operating a
commercial motor vehicle at the time of the offense. A suspension
under this subsection:
  (a) Shall end upon the earliest of 10 years from the date of
suspension or upon notification by the other jurisdiction that
the person appeared.
  (b) Shall be placed on the person's driving record regardless
of whether another jurisdiction places the suspension on the
person's driving record.
  (c) May not be for a person's failure to appear on a parking,
pedestrian or bicyclist offense.
  (10) Notification from another jurisdiction that the person
failed to pay a fine or obey an order of the court 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 809.415 (4), and the person held a
commercial driver license or was operating a commercial motor
vehicle at the time of the offense. A suspension under this
subsection:
  (a) Shall end upon the earliest of   { - 10 - }  { +  20 + }
years from the date of suspension or upon notification by the
other jurisdiction that the person paid the fine or obeyed the
order of the court.
  (b) Shall be placed on the person's driving record regardless
of whether another jurisdiction places the suspension on the
person's driving record.
  (c) May not be for a person's failure to pay a fine or obey an
order of the court on a parking, pedestrian or bicyclist offense.
  (11) Notice of a conviction in another jurisdiction of an
offense that, if committed in this state, would be grounds for
the suspension of the person's commercial driver license. The
period of suspension under this subsection shall be the same as
would be imposed on the person if the conviction were for an
offense committed in this state. As used in this subsection, '
conviction' means an unvacated adjudication of guilt, a
determination that a person has violated or failed to comply with
the law in a court of original jurisdiction or authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court,
a plea of guilty or nolo contendere accepted by the court, the
payment of a fine or court cost or the violation of a condition
of release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
  (12) Notification from another jurisdiction that a person who
is a resident of this state and who holds a commercial driver
license has had commercial driving privileges suspended or
revoked in another jurisdiction for reasons that would be grounds
for suspension of the person's commercial driver license in this
state. The period of suspension under this subsection shall be
the same as would be imposed on the person if the violation were
committed in this state.
  SECTION 5.  { + (1) The amendments to ORS 809.210 by section 1
of this 2013 Act apply to conduct occurring before, on or after
the effective date of this 2013 Act.
  (2) The amendments to ORS 809.413, 809.415 and 809.416 by
sections 2 to 4 of this 2013 Act apply to conduct occurring on or
after the effective date of this 2013 Act. + }
  SECTION 6.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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