Bill Text: OR HB3128 | 2011 | Regular Session | Enrolled
Bill Title: Relating to driving privileges.
Sponsorship: Bipartisan Bill
Status: (Passed) 2011-05-19 - Chapter 126, (2011 Laws): Effective date January 1, 2012. [HB3128 Detail]
Download: Oregon-2011-HB3128-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3128
Sponsored by Representative OLSON; Representatives BARKER,
DOHERTY, HUNT, JOHNSON, KRIEGER, SPRENGER
CHAPTER ................
AN ACT
Relating to driving privileges; creating new provisions; and
amending ORS 809.419.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.419 is amended to read:
809.419. (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 + }.
(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 medical
clearance under ORS 807.070 or 807.090 and the person fails to do
so. The suspension under this subsection shall continue until the
required medical clearance is received by the department { + 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 + }.
(3)(a) The department may suspend the driving privileges of a
person who is incompetent to drive a motor vehicle because of a
mental or physical condition or impairment that affects the
person's ability to safely operate a motor vehicle upon the
highways.
{ - (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. - }
{ + (b) A suspension under this subsection shall be subject
to any conditions the department determines to be necessary and
shall continue for a period determined by the department 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. + }
Enrolled House Bill 3128 (HB 3128-INTRO) Page 1
(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. A person who is denied eligibility
under ORS 807.090 is entitled to a hearing under ORS 809.440.
(4)(a) Whenever the department has reason to believe an
individual with a motorcycle endorsement under ORS 807.170 is
incompetent to operate a motorcycle, the department may revoke
the endorsement.
(b) Upon revocation under this subsection, the endorsed license
shall be surrendered to the department.
(c) Upon surrender of the endorsed license, the department may
issue a license without endorsement for the unexpired period of
the license.
(5) Upon notification by the superintendent of a hospital under
ORS 807.700 that a person should not drive, the department shall
immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review under ORS 809.440 and shall continue until
such time as the person produces a judicial judgment of
competency or a certificate from the superintendent of the
hospital that the person is competent, or establishes eligibility
under ORS 807.090.
(6) Upon notification by a court under ORS 810.375 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review under ORS 809.440 and shall continue until such time as
the person establishes eligibility under ORS 807.090.
SECTION 2. { + The amendments to ORS 809.419 by section 1 of
this 2011 Act apply to driving privileges that are voluntarily
surrendered based upon the person's recognition that the person
is no longer competent to drive before, on or after the effective
date of this 2011 Act. + }
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Passed by House April 19, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 10, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3128 (HB 3128-INTRO) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3128 (HB 3128-INTRO) Page 3
