Chapter 482

1969 REPLACEMENT PART

Operators' and Chauffeurs' Licenses

DEFINITIONS; GENERAL PROVISIONS 482.320 Duty to file, index and record applications and licenses 482.010 Canceled,"chauffeur," " division," " farm " tractor,"highway," " motor " vehicle"and RENEWAL, REVOCATION, SUSPENSION AND license"defined CANCELLATION OF LICENSES 482.020 Nonresident," operator,"" owner"' and renewal" defined 482.410 Duration of operators' and chauffeurs' 11- 482.030 Revocation," school" bus,"suspension" " censes and "vehicle"defined 482.420 Renewal of operators' and combined driver - 482.035 Snowmobile"defined chauffeurs' licenses 482.040 License required to operate motor vehicle; 482.430 Conviction of crime as grounds for man- surrender of prior valid licenses datory revocation or suspension 482.050 Nonresident's use of home state license 482.440 Effect of offense by person who is unli- 482.060 Exemptions from license censed or whose license has been re- 482.070 Applicability of chapter to member of voked or suspended Armed Forces or spouse; exemption 482.445 Reinstatement of license suspended under period; suspension and revocation of li- ORS 482.440 cense 482.450 Permissive suspension or revocation of li- censes PERSONS ELIGIBLE FOR LICENSES; SPECIAL 482.460 Procedure when driver convicted in one PERMITS AND LICENSES state and licensed in another 482.110 Age of eligibility 482.470 Length of suspension; surrender and re- 482.120 Ineligibility of drunkards, dope addicts and turn of license 482.475 mentally ill or retarded persons Reinstatement of chauffeur's privilege; Is- 482.130 Ineligibility of persons with physical or suance and revocation of occupational li- mental disorders, or illiterate cense 482.477 482.140 Reporting of epileptics Reinstatement of suspended license for oc- 482.150 Ineligibility for lack of examination, for cupational purposes only 482.480 failure to prove financial responsibility Suspension or reinstatement upon recom- or for acts in other states mendation of the convicting court 482.490 482.160 Special permits for persons under age Judicial review of the denial, suspension or 482.170 Instruction or beginner's permit revocation of a license 482.500 482.180 Qualifications for chauffeur's license Reinstatement of revoked licenses 482.510 482.190 Motorcycle" defined Restrictions on reinstated license; rein- 482.192 License with indorsement required to oper- statement pending appeal 482.520 ate motorcycle Grounds for cancellation of license 482.530 482.194 Indorsement procedure; examination re- Suspension or revocation of nonresident's quired privilege 482.196 Effect of indorsement; revocation proce- 482.540 Suspension for refusing breath test; notice dure of suspension 482.550 482.198 Prohibition against furnishing motorcycle Hearing on suspension under ORS 482.540 unless license indorsement displayed 482.560 Appeal from suspension for refusing breath test LICENSING PROCEDURE; FEES 482.570 Notice of suspension, revocation or cancel- 482.210 Contents of application lation 482.220 Additional requirements for obtaining spe- 482.580 Proof of suspension order cial licenses while under 16 PROHIBITIONS 482.230 When consent of parent, guardian or em- ployer is required; cancellation of li- 482.610 Misuse of license; fraud in securing license cense if consent withdrawn 482.620 Causing or permitting illegal driving 482.240 Special requirements for persons with men- 482.630 Minors prohibited from driving school and tal or physical disorders passenger busses 482.250 Fees; additional fees for Motor Vehicle 482.640 Employment of unlicensed chauffeur Accident Fund and Student Driver 482.650 Driving while license revoked or suspended Training Fund 482.260 Examination required for license; re exam-- ination 482.810 Definitions for ORS 482.810 to 482.840 482.270 Issuance and form of licenses; temporary 482.820 Driver License Compact permits 482.830 Designation of offenses under law of this 482.280 Placing restrictions on licenses state similar to offenses described in 482.290 Issuance of duplicate license when name compact or residence changed or original lost or 482.840 Expenses of Administrator of Motor Ve- destroyed hicles Division as compact administrator 482.300 Licensee required to sign and possess li- cense PENALTIES 482.310 Appointment and duties of examiners 482.990 Penalties 1359 1IW?

CROSS REFERENCES

Juvenile court, handling of motor vehicle offenses 482.460 by, 419.537 to 419.541 Procedure where nonresident driver's license re- Operator's license as security in offense proceeding, 484.130 voked under financial responsibility law, 486.216 Suspension of licenses under financial responsibility 482.490 law, 486.211 to 486.291 Duration of suspension under financial responsibil- Traffic control on properties under State Board ity law, 486.291 of Higher Education, 352.360 Return of license suspended under financial respon- Traffic offense proceedings generally, Ch. 484 sibility law, 486.256 Transfer froar, Secretary of State to Motor Vehicles 482.480 Division of functions under this chapter, 481.915 Suspension of license for failure to appear for court W 482.050 hearing, 484.210 Taking up license by court, 482.470 Nonresident's privilege to use highways, 481.095 Ouspendom v2 Ymommrairsidamtla ®psmUng privilege un- 482.530 der financial responsibility law, 486.216, 486.251 Suspension of nonresident's operating privilege un- der financial responsibility law, 486.216, 486.251 482.250 482.630 Motor Vehicle Accident Fund, created, 445.030 Regulations governing qualifications of school bus 482.430, 482.450 drivers, 485.050 Designation of offenses of this state similar to of- 482.650 fenses described in Driver License Compact, Impounding vehicle owned by driver convicted under 482.830 482.650, 484.222 Suspension of licenses for violation of weight regu- 482.840 lations, 483.998 Suspension of licenses under financial responsibility Travel and other expenses of state officers and em- law, 486.211 to 486.291 ployes, 292.210 to 292.298

1360 OPERATORS' AND CUFEURS'IIAIa' LICENSES § 403032.

GENERAL PROVISIONS this chapter, except where the context clear- ly indicates a different meaning: 432.010 " Canceled,"chauffeur," " divi- " sion,"farm " tractor,"highway," " motor " ve- 1)Nonresident" " means a person who hicle" and "license" defined. As used in this is not a resident of this state. chapter, except where the context clearly in- 2) Operator"" means every person, oth- dicates a different meaning: er than a chauffeur, who is in actual physical control of a motor vehicle upon a highway. 1)Canceled" " means that a license or permit is declared void and terminated for 3) Owner"" means the person having one of the grounds enumerated in ORS all the incidents of ownership in a vehicle 432.520. A new license may be obtained only or where the incidents of ownership are in as permitted by law. different persons, the person, other than a 2) Chauffeur" ": security interest holder or lessor, entitled to the possession of a vehicle under a security a)Means every person who is employed agreement, or a lease for a term of 10 or by another for the principal purpose of driv- more successive days. ing a motor vehicle, and every person who 4) Renewal"" means the renewal of a drives a motor vehicle carrying persons or license for a registration period immediately property for compensation; but following a registration period for which the b)Does not include students operating applicant therefor was issued a similar vehicles, commonly known and used as pri- license and any application filed within six vate passenger vehicles, which are not oper- months after the discharge of the applicant ated for compensation except in the trans- from the Armed Forces of the portation of students to or from school. if the applicant was licensed under this chap- 3 "Division" means the Motor Vehicles ter at the time of his entry into the Armed Division of the Department of Transporta- Fn-p ^- tion. Amended by 1953 c:70 §2, 1963 c.97 §2; 1983 c.484 6;1965 c.343 §16] 4) Farm" tractor" means every motor vehicle designed and used primarily as a 432.030 " Revocation,"school " bus," farm implement for drawing other imple- suspension" and "vehicle" defined. As used ments of husbandry. in this chapter, except where the context 5)Highway " ": clearly indicates a different meaning: a)Means every way or place of what- 1)Revocation" " means that the licen- ever nature open as a matter of right to the see's privilege to drive a vehicle is termin- use of the public for purposes of vehicular ated. A new license may be obtained only as travel; but permitted by law. b)Does not include a roadway or drive- 2) School" bus ": way upon grounds owned by private persons, a)Means every motor vehicle owned by colleges, universities or other institutions. a public or governmental agency and oper- 0)Motor " vehicle"means every vehicle ated for the transportation of children to or from school, or privately owned and operated which is self -propelled. for compensation for the transportation of 7) License"" means any operator's or children to or from school; but chauffeur's license or any other license or b)Does not include vehicles commonly permit to operate a motor vehicle issued un- known and used as private passenger ve- der the laws of this state including: hicles and not operated for compensation ex- a)Any temporary license or instruction cept in the transportation of students to or permit. from school. b) The privilege of any person to drive 3) Suspension"" means that the licen- a motor vehicle whether or not such person see's privilege to drive a vehicle is withdrawn holds a valid license. temporarily. c)Any nonresident's operating privi- 4) Vehicle"" means every device in, lege. upon or by which any person or property is Amended by 1955 co237 §27;1963 r.97 §11 or may be transported or drawn upon a public highway, except devices moved by 482.020 " Nonresident," operator,"" human power or used exclusively upon sta- owner" and "renewal" defined. As used in tionary rails or tracks. 11361 482.035 VEHICLES AND SMALL WATERCRAFT

482.035 " Snowmobile" defined. As used mobile not required to be registered and li- in this chapter, except where the context oth- censed under the laws of this state, or any erwise requires, snowmobile"" means any en- farm tractor or implement of husbandry tem- gine-driven vehicle of a type which utilizes porarily drawn, moved or propelled on the sled type- runners or skis or an endless belt highway. tread, or any combination of these or other 3)Any person while operating a motor similar means of contact with the surface vehicle for the purpose of demonstrating his upon which it is operated, but does not in- driving ability to an authorized examiner of clude any farm tractor,highway or other con- operators and chauffeurs, when such exam- struction equipment, or any military or law iner is occupying a seat beside the driver of enforcement vehicle. the motor vehicle. 1969 c.598 §5] Amended by 1969 c.598 §61

482.040 License required to operate mo- 482.070 Applicability of chapter to tor vehicle; surrender of prior valid licenses. member of Armed Forces or spouse; exemp- 1) No person, except those expressly ex- tion period; suspension and revocation of empted under ORS 482.050, 482.060, 482.070, license. (1) The provisions of this chapter 482.160, 482.170 and subsection ( 3) of relative to obtaining and possessing an op- 482.270, shall drive any motor vehicle upon erator's license from the division do not apply a highway in this state unless upon appli- to: cation he has been licensed as an operator a) The spouse of a member of the or chauffeur under the provisions of this Armed Forces of the United. States on active chapter. duty who is accompanying such member on 2)No person shall receive an operator's assignment in this state, if the spouse has license unless and until he surrenders to the in his immediate possession a valid opera- division all valid operators' licenses in his tor's license issued to him by another state. possession issued to him by any other juris- diction. All surrendered licenses shall be re- b) A member of the Armed Forces on turned by the division to the issuing de- active duty, if such person has in his im- partment together with information that mediate possession a valid operator's license licensee is now licensed in new jurisdiction. issued to him by his state of domicile or by the Armed Forces of the United States in a No person shall be permitted to have more than one valid operator's license at any time. foreign country. However, the exemption Amended by 1961 c.286 §1;1965 c.38 §3] based on an Armed Forces license applies only for a period of 45 days from the time 482.050 Nonresident's use of home state the licensee returns to the United States. license. A nonresident, except one who is 2) The privilege of persons named in under the minimum age prescribed by this subsection ( 1) of this section to drive in chapter for an operator's license, who has this state is subject to suspension and revo- duly been licensed either as an operator or cation the same as any license under this chauffeur under a law requiring the licensing chapter. of operators or chauffeurs in his home state 1965 c.38 §2] or country and who has in his immediate possession either a valid operator's or chauf- feur's license issued to him in his home state PERSONS ELIGIBLE FOR LICENSES; or country, shall be permitted, without ex- SPECIAL PERMITS AND LICENSES amination or license under this chapter, to 482.110 Age of eligibility. Except as drive a motor vehicle upon the highways of this state. provided in ORS 482.160, an operator's license shall not be issued to any person 482.060 Exemptions from license. The under the age of 16 years, and no chauffeur's following persons are exempt from license license shall be issued to any person under under this chapter: the age of 18 years. 1)Any person in the Armed Forces of the United States when furnished with a 482.120 Ineligibility of drunkards, dope driver's permit and while operating an offi- addicts and mentally ill or retarded persons. cial motor vehicle in such service. 1) The division shall not issue an oper- 2)Any person while driving or operat- ator's or chauffeur's license to any person ing a road roller, road machinery or snow - who the division has determined is an 1 362 OPERATORS' AND CHAUFFEURS' 1110ENSES § 482.160 habitual drunkard or is addicted to the use longed lapses of consciousness or control of narcotic drugs. which is, or may become, chronic. Nothing 2)No operator's or chauffeur's license contained in this section shall authorize per- shall be issued to any applicant who has sons who are required to make such reports previously been committed or admitted to a to the local health officer to certify that any state institution under ORS 426.005 to applicant for an operator's or chauffeur's 426.200 and 426.210 to 426.360 or ORS license is free from epilepsy or such dis- chapter 427 and been determined to be men- orders. tally ill or mentally retarded. However, if 2)Local health officers shall in turn such applicant has, at the time of his appli- forward such reports at the close of each cation, been restored to competency by week to the State Health Officer who shall, judicial decree or released from a hospital on or before the 15th day of each month, for- for the mentally ill or mentally retarded ward to the division a copy of each such re- upon a certificate of the superintendent that port or a written list of the information con- he is competent, the division may issue the tained in all such reports received during the license applied for if the division is satisfied preceding calendar month. All reports re- that such person is competent to operate a quired under this subsection shall be confi- motor vehicle with safety to persons and dential in nature and shall be used by the property. division solely to determine the qualifications 3)It shall be the duty of the superin- of persons to operate motor vehicles upon the tendent of the hospital for the mentally ill highways of the state. or mentally retarded to notify the division as to released licensed operators who, in his opin- 482.150 Ineligibility for lack of examin- ion, should not drive because of their mental ation, for failure to prove financial responsi- condition. Thereupon, the division shall sus- bility or for acts in other states. 1)( No op- pend the license of such released person until erator's or chauffeur's license or permit to such time as the licensee can produce a judi- operate motor vehicles shall be issued to any cial decree of competency, or a certificate person who is required by this chapter to from the superintendent of the hospital that take an examination, unless such person has he is competent successfully passed such examination. Amended by 1963 c.97 §3] 2) The division shall not issue an opera- tor's or chauffeur's license to any person who 482.130 Ineligibility of persons with is required under ORS chapter 486 to furnish physical or mental disorders, or illiterate. proof of financial responsibility and who has The division shall not issue an operator's not furnished sue-h proof. or chauffeur's license to any person when in 3) With respect to an applicant not sub- the opinion of the division such person is ject to ORS 482.820, no operator's or chauf- afflicted with or subject to any condition feur's license or permit to drive shall be is- which brings about momentary or prolonged sued to any person whose license or privilege lapses of consciousness or control, which is to drive is currently under suspension or rev- or may become chronic, or when such person ocation in any other state upon grounds is suffering from a physical or mental dis- which, if committed in this state, would be ability or disease serving to prevent him grounds for the suspension or revocation of from exercising reasonable and ordinary the license of an operator or chauffeur. control over a motor vehicle while operating Amended by 1961 c.286 §2;1963 c.484 §7] it upon the highways. Nor shall a license be issued to any person who is unable to un- 482.160 Special ,permits for persons un- derstand highway signs , regulating der age. (1) Any person over the age of or directing traffic. 14 years may make application to the division for a special permit to operate motor 482.140 Reporting of epileptics. (1)All vehicles over the highways of this state as a persons authorized by the State of Oregon to means of transportation to or from any diagnose and treat epilepsy or any similar school, college or other educational institu- disorder shall report immediately to the local tion.Upon receipt of an application complying health officer in writing, the full name, sex, with subsection (1)of ORS 482.220, and the date of birth and address of every person required fee, the division may, in such form diagnosed as having epilepsy or similar dis- as it may determine, issue a special permit to order characterized by momentary or pro- such person, if satisfied that such person has f,363 482.170 VERICLES AND SMALL WATERCRAFT had sufficient experience in the operation of 482.180 Qualifications for chauffeur's motor vehicles to enable him to operate the license. Any person licensed as a chauffeur same without endangering the safety of the must also be licensed as an operator, and public, and if such person has passed satis- before being granted a chauffeur's license factorily an examination equivalent to that must have had at least six months' experi- required by law for an operator's license. ence as an operator. 2) The division may grant to a person over 14 years of age a special temporary per- 482.190 " Motorcycle" defined. "Motor- mit to operate a motor vehicle over certain cycle,"as used in ORS 482.190 to 482.198, designated routes when satisfied from the has the meaning given that word by ORS facts, set forth in an application complying 483.014. with subsection (2)of ORS 482.220, that an 1965 c.547 §2] emergency exists, and when the applicant has 482.192 License with indorsement re- passed an examination equivalent to that re- quired by law for an operator's license. quired to operate motorcycle. No person 3)If it is determined that any person shall operate a motorcycle upon a highway in this state: has operated a motor vehicle over any other highway or for any other purpose than 1)Unless he has a valid license as an designated in the application for a special operator or chauffeur as provided in this permit under this section, the division shall chapter; and forthwith cancel the special permit, and such 2) Unless upon application he has ob- person shall not thereafter be entitled to ap- tained an indorsement on such license as ply for or receive any new license until he be- provided in ORS 482.190 to 482.196. comes of age for an operator's license. 1965 c.547 §3] 482.170 Instruction or beginner's permit. 482.194 Indorsement procedure; exami- 1) Any person not less than 15 years of nation required. (1)The division shall upon age who, except for his age or lack of qualification under ORS 482.190 to 482.196 experience in the operation of motor vehi- indorse an operator's or operator -chauffeur' s cles, would otherwise be qualified to obtain license authorizing the licensee to operate a an operator's license under this chapter, motorcycle. may apply to the division for an instruction 2) Before an indorsement to operate a permit. The division, upon receipt of such ap- motorcycle is made on a license, the division plication accompanied by a fee of 50 cents, shall have examined every applicant as pro- shall issue a permit which entitles the appli- vided in ORS 482.260 and determined such cant to drive a motor vehicle, except a motor- applicant to be qualified to operate a four - cycle, upon the highways for a period of one wheeled motor vehicle. In addition each appli- year when: cant shall have been examined for and deter- a)He has the permit in his immediate mined qualified to operate a motorcycle in possession; and such manner as not to jeopardize the safety b)He is accompanied by a licensed of persons or property. operator or chauffeur not less than 18 years 1965 c.547 § §4,51 of age occupying a seat beside him. 482.196 Effect of indorsement; revoca= 2)When a person has filed an applica- tion procedure. ( 1) Except as provided in tion and fee for a special permit in accord- ORS 482.190 to 482.198, a license indorse- ance with ORS 482.160, 482.210 and 482.220, ment to operate a motorcycle shall be con- and except for his lack of experience in the operation of motor vehicles he would be sidered a part of the operator's or operator - chauffeur's license on which it is indorsed qualified to obtain such permit, the division may issue to him without extra charge, a and subject to any provisions of the stat- special permit entitling him to drive a motor utes of this state applicable to such licenses. vehicle upon the highways for a period of 60 2) Whenever the division has reason to days when: believe an individual licensed by indorsement a)He has the permit in his immediate to operate a motorcycle is not competent to possession; and operate such a vehicle, it may revoke the b)He is accompanied by a licensed indorsement. operator or chauffeur not less than 18 years a) Upon revocation of the indorsement of age occupying a seat beside him. the indorsed license shall be surrendered to Amended by 1957 c.458 §1] the division. 364 OPERATORS' AND CHAUFFEURS' 110ENSES . 4482.240

b) Upon surrender of the indorsed li- which the applicant resides, and by the prin- cense, the division shall issue a license with- cipal of the school he attends. out indorsement for the unexpired period of 2)The application for the special permit the license. mentioned in subsection (2)of ORS 482.160 3) The licensee whose license indorse- shall be approved by the county judge and ment is revoked under subsection (2)of this sheriff of the county in which the applicant section is entitled to the hearings provided resides, and by the chief of police of every under ORS 482.450 and 482.490. incorporated city in or through which per- 1965 c.547 §6] mission is sought to drive, before it is filed with the division. 482.198 Prohibition against furnishing motorcycle unless license indorsement dis- 482.230 When consent of parent, guard- played. No person shall rent, lease or other- ian or employer is required; cancellation of wise furnish a motorcycle owned by him or license if consent withdrawn. 1)( The division under his control to any person who has not first displayed to him an operator's or shall not grant the application of any person under the age of 18 years for an instruction operator-chauffeur' s license which has been permit, operator's license or a special permit issued to that person and indorsed as pro- vided in ORS 482.190 to 482.196. to operate motor vehicles, unless the applica- 1965 c.547 §7] tion is signed by a parent or guardian having the custody of such person. If such person has no father, mother or guardian, an oper- 110ENSING PROCEDURE; FEES ator's license shall not be granted to him un- less his application is signed by his employer. 482.210 Contents of application. (1) Every application for an operator's or chauf- 2) Any person who has signed the ap- feur's license shall be made upon a form plication of a person under the age of 18 furnished by the division. years may thereafter file with the division a 2)Every application shall state: written request that the license of the person a)The name, age, sex, residence ad- so granted be canceled. Thereupon, the divi- dress and definite post -office address other sion shall cancel the license of the person if he than general delivery of the applicant; is under the age of 18 years. b)Whether or not the applicant has jAmended bi 1963 c.97 §41 heretofore been licensed as an operator or 482.240 chauffeur; Special requirements for per- sons with mental or physical disorders. (1) c)If the applicant has been previously If any applicant for an operator's or chauf- licensed, when and by what state; whether or not such license is currently suspended feur's license or instruction or special permit or revoked and, if so, the date and reason to operate a motor vehicle or any licensed for such suspension or revocation; and motor vehicle operator appears to be afflict- d)Such additional information as the ed with or suffering from any physical or division deems necessary to establish that the mental disability or disease which might af- applicant is qualified to be licensed as an op- fect his operation of a motor vehicle, the erator or chauffeur. division may require such applicant or opera- Arniended by 1961 c.286 §3] tor to demonstrate personally that, notwith- standing such disability or disease, he is a 482.220 Additional requirements for ob- proper person to operate a motor vehicle. The taining special licenses while under 16. (1) division may also require a certificate of such The application mentioned in subsection (1) applicant's or operator's condition signed by of ORS 482.160 shall certify, in addition to the State Health Officer; however, if the af- the information required by ORS 482.210, fliction apparently involves only visual de- that the applicant has no other available ficiencies, the division may require a certifi- means of transportation by which he would cate from a proper authority licensed by this be enabled to continue his education, and state to conduct such examinations. shall specify the road or highway over which 2) When an examination is required as he desires to operate motor vehicles. It shall a prerequisite to the furnishing of a certifi- also contain any other information required cate by the State Health Officer, the examin- by the division, and shall be indorsed by the ation shall be made by the county health of- sheriff and the county judge of the county in ficer or his authorized representative of the l;565 482.250 VEHICLES AND SMALL WATERCRAFT

county in which the applicant or operator re- 5) Application for renewal of an opera- sides, or by the State Health Officer or his tor's license shall be accompanied with a fee authorized representative. If it is impracti- of $1. cable to have such an examination made by 6) Before any person is eligible to se- one of these officers or representatives, the cure, and before there may be issued to him, examination may be made by a doctor desig- a motor vehicle operator's license or a re- nated by the State Health Officer. The offi- newal of such license (not including a chauf- cer or doctor who conducts the examination feur's license),he shall pay to the Motor Ve- shall immediately make a written report of hicles Division of the Department of Trans- the findings and recommendations upon such portation, for the use and benefit of the Mo- examination to the State Health Officer. If tor Vehicle Accident Fund, the sum of $1,in the State Health Officer desires additional addition to the fee charged for such license information, he may require the applicant or or renewal of license. All money collected un- operator to authorize a doctor who is famil- der this subsection, after deduction for ex- iar with his case to forward to the health penses of collection and transfer as provided officer a certificate or case report, or require in this subsection, shall be paid over each the applicant or operator to appear before a month, by the Motor Vehicles Division, to the designated specialist for further examina- State Accident Insurance Fund. Of the money tion. The applicant or operator may cause a collected, $2,500 per year shall be deducted written report concerning his affliction or for current expenses of collection and trans- disability to be forwarded to the State Health fer and, until expenses of collection and Officer by a doctor of his choice, and such transfer incurred before July 1, 1967, are paid, report shall be given due consideration by 2,000 per year shall be deducted for such such official, together with other data per- previously incurred expenses. Money collected taining to the applicant's or operator's af- under this subsection shall not be deemed or fliction or disability. considered as in lieu, or a part, of any fee re- Amended by 1963 c.97 §5] quired to be paid for a license or permit to operate a motor vehicle. 482.250 Fees; additional fees for Motor 7)Before any person may be issued an Vehicle Accident Fund and Student Driver operator's license or renewal thereof (not in- Training Fund. (1) The fee to be charged cluding a chauffeur's license),as provided for the issuance of an original operator's li- in ORS 482.270 and 482.420, he shall pay the cense shall be as specified in the following Motor Vehicles Division the sum of $1 in ad- schedule based on the length of the period dition to the fee charged for such license or between the date the license was issued and renewal. The sums so collected by the Motor the expiration date of the license, and shall Vehicles Division shall be paid over to the be paid at the time the application for license State Treasurer for deposit in the Student is presented: Driver Training Fund and are continuously a) Less than 18 months, 50 cents. appropriated to the Superintendent of Public b) 18 to 29 months, 1.$ Instruction for reimbursing school districts, c)30 to 35 months, 1.$ 50. as provided in ORS 343.730, and, to the extent 2)The fee to be charged for the issu- of not more than $45,000 in any one biennium, ance of an original chauffeur's license shall for the expenses of administering this sub- be as specified in the following schedule section and ORS 343.710 to 343.740. based upon the length of the period between Subsection (7)enacted as 1957 c.206 §5;1959 c.421 the date the license was issued and the ex- 1; 1961 c.245 §3; 1961 c.672 §1; 1963 c.97 §6;1965 piration date of the license, and shall be c.376 §5;1967 c.507 §7;1967 x554 § 1,§ 2, 3, 4] paid at the time the application for license is presented: 482.260 Examination required for a) Less than 18 months, 1.$ license; reexamination. (1) Except as pro - b) 18 to 29 months, 2.$ vided in subsection (2)of this section, the c) 30 to 35 months, 3.$ division shall examine every applicant for an 3) Application for a renewal of chauf- operator's or chauffeur's license before issu- feur's license shall be accompanied with a ing any such license. The examination shall fee of $2. include: 4) Application for one of the special ( a)A test of the applicant's eyesight, his permits provided for in ORS 482.160 shall be ability to understand highway signs regu- accompanied with a fee of $1. lating, warning and directing traffic, and 1366 OPERATORS' AND CHAUFFEURS' LICENSES . 4482.290 his knowledge of the traffic laws of this is determining all facts relative to the appli- state including the rights of blind pedestri- cant's right to receive a license. The permit ans provided by ORS 483.214; must be in the applicant's immediate posses- b)An actual demonstration of his sion while operating a motor vehicle. It shall ability to operate a motor vehicle in such be valid for a period of 30 days from the date manner as not to jeopardize the safety of issued, except that it shall become invalid persor..s or property; and when the applicant's license has been issued c)Such further examination as may be or, for good cause, has been refused. The divi- necessary to determine whether any facts sion may, for sufficient cause, extend the exist which would bar the issuance of a term of the permit for not to exceed an addi- license under ORS 482.110 to 482.150, or to tional 30 days. determine the applicant's fitness to operate Amended by 1963 c.97 §10] a motor vehicle safely on the highways, which examination shall be limited to an 482.280 Placing restrictions on licenses. investigation of only those facts directly 1) The division, upon or after issuing an pertaining to the ability of the applicant to operator's or chauffeur's license, may, when- operate a motor vehicle with safety, and ever good cause appears, impose restrictions those facts declared to be prerequisite to suitable to the licensee's driving ability with the issuance of a license under this chapter. respect to the type of motor vehicle, or special 2)The division may waive the examina- mechanical control devices required on a mo- tion of any person applying for the renewal tor vehicle which the licensee may operate, of an operator's or chauffeur's license issued or such other restrictions applicable to the under the laws of this state, except when the licensee as the division may determine to be division has reason to believe that an appli- appropriate to insure the safe operation of cant for an operator's license is not qualified a motor vehicle by the licensee. to hold an operator's license under this chap- 2) The division may issue a special re- ter, or when an applicant for the renewal of stricted license or may set forth such restric- a chauffeur's license has not previously been tions upon the usual license form. A person examined. to whom such license has been issued shall 3) The division may require any licensed not operate a motor vehicle in any manner in motor vehicle operator to appear for an ex- violation of the restrictions imposed. amination whenever the division has reason 3)The division may, upon receiving to believe that the operator might not be satisfactory evidence of any violation of the qualified to hold an operator's license under restrictions of such license, suspend or re- this chapter. The failure of an operator to voke the license, but the licensee shall be appear within a reasonable length of time entitled to the hearings provided for in ORS after being notified so to do, or his failure to 482.450 and 482.490. satisfactorily complete the required examina- tion, shall be sufficient reason for the suspen- 482.290 Issuance of duplicate license sion of his license. when name or residence changed or original Amended by 1963 c.97 §9;1963 c.596 §3] lost or destroyed. (1)If an instruction per- 482.270 Issuance and form of licenses: mit, a special permit or an operator's or temporary permits. (1) The division shall chauffeur's license issued under this chapter issue operator's and chauffeur's licenses to is lost, destroyed or mutilated, the person to all qualified persons and may issue a com- whom it was issued may obtain a duplicate bined driver-chauffeur' s license to persons or substitute upon furnishing proof satisfac- qualified for both such licenses. tory to the division of the loss, destruction or 2)Every license shall bear the distin- mutilation and upon payment of a fee of 25 cents. guishing number assigned to the licensee and shall contain the name, age, residence 2) Persons licensed as operators or address and a brief description of the chauffeurs under this chapter shall notify licensee for the purpose of identification, the division of any change of residence from and a space for his signature. that noted on their license as issued by the 3) The division may issue a temporary division or any change of name from that driver's permit to an applicant for an oper- noted on their license as issued by the divi- ator's or chauffeur's license permitting him sion, including a change of name by marriage. to operate a motor vehicle while the division Notice shall be given in writing within 30 1367 482.300 VEMCLES AND S31ALL WATERCRAFT days after the date of the change, accom- RENEWAL, REVOCATION, SUSPENSION panied by a fee of 25 cents. The notice shall AND CANCELLATION OF IACENSES indicate the old and new residence address 482.410 Duration of and or the former and new name and the number operators' chauffeurs' licenses. (1)Each original oper- of the license then held. Upon receiving the ator's license issued to a person born in a notice and fee, the division shall issue a li- cense indicating the new name or residence year ending in an odd number shall expire on address but bearing the same distinguishing the anniversary of the licensee's birthday in number as the old license. the first odd -numbered calendar year after Amended by 1961 c.286 §4] such issuance. Each original operator's li- cense issued to a. person born in a year end- 482.300 Licensee required to sign and ing with. an even number shall expire on the possess license. (1) Every person licensed anniversary of the licensee's birthday in the as an operator or a chauffeur shall write first even -numbered calendar year after such his usual signature with pen and ink in the issuance. However, if the license issued space provided for that purpose on the would expire in less than 12 months from the license certificate issued to him, immediately date of its issue, the expiration date of the upon receipt of such certificate. The license license shall be extended for an additional is not valid until the certificate is so signed. period of two years. 2)The licensee shall, have such license 2) Each original chauffeur's license is- in his immediate possession at all times sued to a person born in a year ending in an when driving a motor vehicle, and shall dis- odd number shall expire on the anniversary play it upon the demand of a justice of the of the licensee's birthday in the first odd - peace, a peace officer, or a field deputy or numbered calendar year after such issuance. inspector of the division. It is a defense to Each original chauffeur's license issued to a any charge under this subsection that the person born in a year ending with an even person so charged produce in court an op- number shall expire on the anniversary of erator's or chauffeur's license that had been the licensee's birthday in the first even num-- issued to him and was valid at the time of bered calendar year after such issuance. his arrest. However, a combined driver -chauffeur' s li- Amended by 1955 c.287 §281 cense, if issued, shall expire on the expira- tion date shown on the driver's license. 482.310 Appointment and duties of ex- Amended by 1961 c.245 §1 1963 c.97 §111 aminers. The division may appoint compe- tent persons for the purpose of examining 482.420 Renewal of operators' and com- applicants for operators' and chauffeurs' bined driver -chauffeurs' licenses. Operators' licenses, and fix their compensation. Persons and combined driver -chauffeurs' licenses so designated or appointed shall conduct shall be renewed for a period of two years examinations of applicants for operators' from the specified expiration date of the im- and chauffeurs' licenses and make a written mediately preceding license, regardless of report of findings and recommendations when the renewal is issued. An operator's or upon such examination to the division. combined driver-chauffeur' s license renewal may, at the option of the holder, be used on 482.320 Duty to file, index and record or after the date of issuance; however, if a applications and licenses. (1) The division license renewal is issued to a person before shall file every application for an operator's the expiration of the license being renewed, or chauffeur's license and index it by name the older license shall be invalid and shall im- and number. The division shall maintain suit- mediately be forwarded or delivered to the able records of all licenses issued, all applica- division. tions for licenses denied, and all licenses Amended by 1961 c.245 §2;1963 c.97 §121 which have been suspended or revoked. 482 430 Conviction of crime as grounds 2) The division may charge a reasonable for mandatory revocation or suspension. (1) fee for furnishing to the public the informa- The division forthwith shall revoke any per- tion so filed and recorded. son's permit or license to operate motor ve- Amended by 1963 c.162 §4] hicles upon receiving a record of the convic- tion of such person of any of the following 482.330 [ Amended by 1963 c.97 §7;repealed by 1967 c.175 §61 offenses: X68 OPERATORS' AND CHAUFFEURS' LICENSES § 482.445

a)Manslaughter or negligent homicide b)Revoked, immediately shall extend resulting from the operation of a motor ve- the period during which such person is not hicle. entitled to apply for a new license for an b) Perjury or the making of a false affi- additional period of one year. davit to the division under this chapter or any 2) Whenever the division has reason other law of this state requiring the registra- under any laws of this state to suspend or tion of motor vehicles or regulating their op- revoke the license or permit of any person eration on highways. who has not been issued a current Oregon li- c) Any crime punishable as a felony in cense or permit to operate motor vehicles or the commission of which a motor vehicle is whose license is due to expire during a sus- used. pension period, the division shall suspend or d) Conviction or forfeiture of bail upon revoke the right of such person to apply for three charges of all within a license or permit to operate motor vehicles the preceding 12 months. in this state. e) A conviction of a driver of a motor Amended by 1963 c.97 §13] vehicle involved in an accident resulting in the death or injury of another person, upon 482.445 Reinstatement of license sus- a charge of failing to stop and disclose his pended under ORS 482.440. (1)The division identity at the scene of the accident. may reinstate the privilege to operate a mo- 2) The division forthwith shall suspend tor vehicle of any person whose license to any person's permit or license to operate mo- operate a motor vehicle has been suspended tor vehicles upon receiving a record of the for an additional year under paragraph (a) conviction of such person for the following of subsection ( 1) of ORS 482.440, if such offenses: licensee submits to the division: a) Driving while under the influence of a)His written request for reinstatement intoxicating liquor, dangerous drugs or nar- of his privilege showing good cause why the cotic drugs. reinstatement should be granted; b)Fleeing or attempting to elude a traf- b)Proof of his future responsibility as fic or police officer. defined in subsection ( 7) of ORS 486.011 3) The period of suspension shall be: and compliance with any applicable law re- a) First conviction within a 10 year- pe- lating to security deposit; riod, 90 days. c)A statement by the court which con- b) Second conviction within a 10 year- victed him of the offense for which the period, one year. period of suspension was extended under c) Third or subsequent conviction with- paragraph ( a) of subsection ( 1) of ORS in a 10 year- period, three years. 482.440 recommending reinstatement of his Amended by 1955 c.291 §1;1957 c.417 §l;1963 c.510 privilege. 3;1969 c.696 §2;1969 c.697 §1] 2) If the division determines to rein- Note: As indicated in the source note to ORS 482.430, that section was amended by two 1969 Acts; state a person's privilege under subsection i.e.,chapters 696 and 697. Section 2 of chapter 696, 1) of this section, the division shall issue which was signed by the Governor on June 16, 1969, to him a special license. The special license amended paragraph ( a) of subsection ( 2) of ORS 482.430 by adding the words "dangerous drugs" and may bear restrictions and limitations on the changing "narcotic drug" to "narcotic drugs." Sec- method or manner by which the licensee may tion 1 of chapter 697, which was signed by the Gov- ernor on June 16, 1969, also amended ORS 482.430, operate a motor vehicle, on the time at which but did not include the "dangerous drugs" amend- the licensee may operate a motor vehicle and ment to paragraph ( a) of subsection ( 2).Both any other reasonable restrictions or limita- amendments have been compiled. tions relating to the operation of a motor 482.440 Effect of offense by person vehicle that the division deems proper or who is unlicensed or whose license has been necessary. No person to whom a special li- revoked or suspended. (1)The division, upon cense is issued shall operate a motor vehicle in violation of the restrictions or limitations receiving a record of the conviction of any person upon any charge involving the opera- imposed. tion of a motor vehicle while the person's per- 3) The division may, upon receiving sat- mit, license or right to apply for a license is: isfactory evidence of any violation of the a)Suspended, immediately shall extend restriction of a special license issued under the period of such suspension for an addi- subsection ( 2) of this section, suspend or tional period of one year. revoke the special license, but the licensee is 1 369 482.450 VEHICLES AND SMALL WATERCRAFT entitled to the hearings provided under ORS state wherein the person so convicted is a 482.450 and 482.490. resident. 1957 c.715 §2] [ Amended by 1963 c.484 §8]

482.450 Permissive suspension or revo- 482.470 Length of suspension; surren- cation of licenses. (1)The division immedi- der and return of license. (1) Except as ately may suspend the license of any person provided in subsection ( 2)of ORS 482.430 without hearing and without receiving a rec- and in ORS 482.440, the division shall not ord of the conviction of such person of crime, suspend a license for a period of more than when the division has reason to believe that one year. such person: 2)When the operator's or chauffeur's committed offense a)Has any for license of any person has been suspended, the conviction of which mandatory revo- the division shall not issue an operator's or cation is provided in subsection (1)of ORS chauffeur's license to him prior to the ex- 482.430. piration of the suspension period, except as b) Has, by incompetent, reckless or otherwise provided in this chapter. unlawful operation of a motor vehicle, caused or contributed to an accident resulting in 3) When any license is suspended or revoked it shall be surrendered to and re- death or injury to any other person or serious property damage. tained by the division. Upon the conviction of any operator or chauffeur for any viola- c)Is incompetent to drive a motor vehi- cle or is afflicted with mental or physical tion of a statute or municipal ordinance which infirmities or disabilities rendering it unsafe by this chapter is cause for suspension or revocation of license or when the suspension for him to drive a motor vehicle upon the highways. of the license of a convicted person is rec- ommended by the court under ORS 482.480, d)Is an habitual incompetent, reckless the court in which the conviction was had or negligent driver of a motor vehicle or has committed a serious violation of the shall take up the operator's or chauffeur's motor vehicle laws of this state. license and immediately forward it to the di- vision. At the end of the period of suspension 2) Whenever the division suspends the upon a license so surrendered, it shall be re- license of any person for any reason set forth in subsection (1)of this section, the division turned to the licensee upon request being immediately shall notify the licensee and af- made to the division by the licensee. However, ford him an opportunity of a hearing before the division may require the licensee to fur- nish evidence to the effect that he is qualified a representative of the division in the county to continue as an operator or chauffeur un- wherein the licensee resides. Upon such hear- der this chapter, before returning the license. ing, the division either shall rescind the order Amended by 1957 c.170 §1] of suspension., or, good cause appearing therefor, may continue, modify or extend the 482.475 Reinstatement of chauffeur's suspension of such license or revoke such privilege; issuance and revocation of occu- license. pational license. ( 1) Except when a sus- Amended by 1963 e..97 §14] pension of a chauffeur's license is based on 482.460 Procedure when driver convic- a major traffic offense, the division shall ted in one state and licensed in another. Ex- reinstate the privilege to operate a motor vehicle of any person whose license to oper- cept as otherwise provided in ORS 482.820: ate a motor vehicle as a chauffeur has been 1) The division may suspend or revoke suspended, if such person submits to the the license of any resident of this state upon receiving notice of the conviction of such division a written application for an occupa- tional license and shows: person in another state of an offense therein which, if committed in this state, would be a)That he is a chauffeur by occupation or employment; grounds for the suspension or revocation of the license of an operator or chauffeur. b) That he is not incompetent to drive 2) The division may, upon receiving a nor a habitual incompetent, reckless or neg- record of the conviction in this state of a ligent driver within the meaning of para- nonresident driver of a motor vehicle of any graphs ( c) and ( d) of subsection ( 1) of offense under the motor vehicle laws of this ORS 482.450; and state, forward a certified copy of such record c)Proof of his future responsibility as to the motor vehicle administrator in the defined in subsection ( 7) of ORS 486.011 1370 OPERATORS' AND CHAUFFEURS' LICENSES § 482.500 and compliance with any applicable law re- suspension of the operator's or chauffeur's lating to security deposit. license of the person so convicted. The 2) If the division finds that the per- division shall consider and act upon the son meets the requirements of subsection recommendation in such manner as to it may 1) of this section, the division shall is- seem best. If a license, permit or right to sue the person an occupational license, valid apply for a license is suspended under this for the duration of the suspension unless section and the convicting court subsequently sooner suspended under subsection ( 3) of recommends its reinstatement, the division this section. The occupational license shall may act upon such recommendation in such restrict the licensee to operation of a motor manner as to the division may seem best. vehicle only as a chauffeur during specified 2) For the purposes of this chapter, times. The license may bear other reason- an unvacated forfeiture of bail or collateral able restrictions or limitations relating to deposited to secure a defendant's appearance the operation of a motor vehicle that the in court shall be equivalent to a conviction. division deems proper or necessary. 3)For the purposes of this chapter, a 3) The division may, upon receiving sat- determination by a juvenile court that a isfactory evidence of any violation of the child within its jurisdiction has violated a restriction of an occupational license issued law or ordinance regulating the operation under subsection (2)of this section, suspend of motor vehicles shall be the equivalent or revoke the occupational license; but the to a conviction. A recommendation by a ju- licensee is entitled to the hearings provided venile court that a child's operator's license under ORS 482.450 and 482.490. or permit be suspended on any ground set 4) As used in this section, major" traf- forth in ORS 419.541 shall be the equivalent fic offense" means a major traffic offense of a recommendation of suspension by a as defined by ORS 484.010. court having jurisdiction over offenses 1965 x281 §2] against a law or ordinance relating to the operation of motor vehicles as provided in 482.477 Reinstatement of suspended li- subsection (1)of this section. cense for occupational purposes only. When Amended by 1959 c.432 §79] a person whose license or permit to operate a motor vehicle has been suspended as pro- 482.490 Judicial review of the denial, vided by paragraph (a)of subsection (3)of suspension or revocation of a license. Any ORS 482.430, the division may reinstate the person denied a license or whose license has license or permit of the person, if he is other- been suspended or revoked by the division, wise entitled thereto, for occupational pur- except where such suspension or revocation poses only, when the judge before whom the is mandatory, shall have the right to file a person was convicted recommends such rein- petition within 30 days thereafter for a hear- statement in writing to the division. When ing in the matter in the circuit court of the necessary to give full effect to this section, county wherein he resides. Such court shall the division shall issue an occupational li- set the matter for hearing upon 10 days' writ- cense under the provisions of ORS 482.475, ten notice to the division, and shall take tes- even though the person may have been con- timony, examine into the facts of the case victed of a major traffic offense as defined and determine whether the petitioner is en- by ORS 484.010. titled to a license or is subject to suspension 1967 c.608 §2] or revocation of license under this chapter. Amended by 1953 c.39 §2;1963 c.97 §15] 482.480 Suspension or reinstatement upon recommendation of the convicting court. 482.500 Reinstatement of revoked 1) Every court having jurisdiction over offenses committed under this chapter or licenses. (1)Except as provided in subsec- any other statute of this state, or municipal tion (2) of this section, any person whose ordinance, regulating the operation of motor permit, license or right to apply for a license vehicles on highways or streets, shall for- is revoked under this chapter is not entitled ward to the division within 24 hours, a rec- to apply for or receive any new license until ord of the conviction of any person in such court for a violation of any such laws, ex- the expiration of one year from the date: cept petty offenses of the nature described a) Of the conviction upon which the in ORS 483.364, and may recommend the revocation was based, if no appeal was taken. 1371 482.510 VEHICLES AND SMALL WATERCRAFT

b)When his conviction was sustained c)Fraudulently altered his license or by the appellate court, if an appeal was permit. taken. d)Permitted misuse of license or permit 2) The division may, before the expira- in violation of subsection ( 2) of ORS tion of one year, issue a new license or permit 482.610. to any person otherwise entitled thereto, 2) Upon cancellation the licensee shall when with reference to the conviction upon surrender the canceled permit or license to which the revocation was based, the judge the division. before whom the conviction was had so rec- of ommends in writing, or the Governor has 482.530 Suspension or revocation pardoned such person of the crime. nonresident's privilege. The division may 3)The division shall not issue an oper- suspend or revoke the privilege of any non- ator's or chauffeur's license to any person resident to operate a motor vehicle in this whose license, either as an operator or chauf- state for any cause for which the license feur, has been revoked under this chapter, of a resident operator or chauffeur may be until such time when the division is author- suspended or revoked. ized under the laws of this state to issue such Amended by 1963 c.97 §16] person a new license. 482.540 Suspension for refusing breath test; notice of suspension. (1) Upon receipt 482.510 Restrictions on reinstated of the report of a police officer as required license; reinstatement pending appeal. (1) in subsection ( 2) of ORS 483.634, and in When a person becomes eligible for rein- accordance with subsection (2)of this sec- statement as a motor vehicle operator, under tion and subsection (1)of ORS 482.550, the ORS 482.480 or 482.500, the division may division shall suspend the reported person's issue to him a special license bearing such license, permit or privilege to drive a motor restrictions as may be recommended by the vehicle in this state for a period of 90 days. convicting magistrate. Any person holding 2) Upon receipt of the report of the such a restricted license shall be subject to police officer, the division shall notify the ORS 482.280. reported person by mail of the intention to 2)Whenever the suspension or revo- suspend and allow said person a 20 day- period cation of the license, permit or right to after the date of mailing said notice to re- apply for a license of any person is based quest in writing a hearing before a repre- upon a conviction for a law violation, and sentative of the division as provided in this the division thereafter is notified in writing section. If no request is filed within the 20- by the judge before whom the conviction was day period, the division shall thereupon sus- had that such person has taken an appeal pend the license, permit or privilege of the from the conviction, the division immediately person to drive a motor vehicle. shall rescind the suspension or revocation. If 3) Notice of intention to suspend or no- the conviction is affirmed on appeal, or if tice of an order of suspension is presumed appeal is dismissed or is not perfected within to have been received upon the expiration of the statutory period, the division shall sus- five days after it is deposited in the United pend or revoke the license, permit or right to States mail with postage prepaid, addressed apply for a license, the suspension or revo- to the person at his last address as shown cation of which was rescinded because of by his application for original, renewal or appeal. duplicate license, which mailing may be Amended by 1959 c.303 §1] proved by the certificate of any officer or 482.520 Grounds for cancellation of employe of the division over 21 years of age specifying the time and place of giving notice. license. (1) The division may cancel any 1965 c.574 §11 (1),2), (5) (] instruction permit, special permit or oper- ator's or chauffeur's license upon determin- 482.550 Hearing on suspension under ing that the licensee was not entitled to it ORS 482.540. (1) If a request for a hearing under the provisions of this chapter, or has is filed, the hearing shall be before a repre- committed any of the following acts: sentative of the division in the county where a)Failed to give the required or correct the alleged offense occurred unless there is information in his application. an agreement between the person and the b)Committed fraud in making such division that the hearing be conducted else- application. where. In connection with such hearing, the 11 372 OPERATORS' AND CHAUFFEURS' LICENSES § 482.610

division or its authorized representative may shall take effect until the time to appeal has administer oaths and shall issue subpenas for expired. If an appeal is filed, the order of the attendance of witnesses requested by the suspension shall take effect when affirmed person or the division and the production of on appeal or when the appeal is dismissed. relevant documents. The hearing shall be re- 1965 c.574 §121 corded by whatever means may be determined by the division and shall include testimony 482.570 Notice of suspension, revoca- and exhibits, if any. The record of the pro- tion or cancellation. When the division, as ceeding shall not be transcribed unless re- authorized or required, suspends, revokes or quested by a party to the proceeding. Upon cancels a license or the right to apply for an affirmative finding on each matter listed a license to operate motor vehicles, it shall in subsection ( 2) of this section, the divi- give notice of such action to the person sion shall issue an order suspending the whose license or right is affected. Notice license, privilege or permit of the person to may be given either by personal delivery or drive a motor vehicle, effective as provided by mail. Notice by mail is afforded a dis- in ORS 482.560. Otherwise, no suspension putable presumption of receipt under sub- shall be ordered. section ( 24) of ORS 41.360. Proof of giv- 2) The scope of the hearing shall be ing the notice either by personal delivery or limited to: by mail may be made by the certificate of a) Whether the person at the time he an officer or employe of the division or by was requested to submit to a test was under the affidavit of a person over 21 years of age, arrest for driving a motor vehicle while un- naming the person to whom such notice was der the influence of intoxicating liquor in given and specifying the time, place and man- violation of subsection ( 2) of ORS 483.992 ner of giving notice. or of a municipal ordinance; 1965 c.321 §2] b)Whether the police officer had rea- sonable grounds to believe, at the time the 482.580 Proof of suspension order. Not- request was made, that the person refusing withstanding the provisions of subsection to submit to the test had been driving under 1) of ORS 43.330, proof of the order of the influence of intoxicating liquor in viola- suspension may be made by submitting to tion of subsection (2)of ORS 483.992 or of a the court a copy of the order of suspension municipal ordinance; certified as a correct transcript thereof by c)Whether the person refused to sub- an officer or an employe of the division. mit to a test; 1965 c.321 §31 d) Whether such person was informed of the consequences, under ORS 482.540 to PROHIBITIONS 482.560, of his refusal to submit to the test; and 482.610 Misuse of license, fraud in e)Whether such person was informed securing license. No person shall commit any of his rights as provided in ORS 483.638. of the following acts with respect to an oper- 1965 x574 §11 (3),4); (1969 c.579 §1] ator's or chauffeur's license, instruction permit or special permit: 482.560 Appeal from suspension for re- 1)Display or cause or permit to be fusing breath test. (1) If, after a hearing displaved or have in his possession any as provided by ORS 482.540 and 482.550, an order of suspension is issued, the person such license or permit, knowing it to be shall have the right, within 30 days after he fictitious or to have been canceled, revoked, receives notice of the order of suspension suspended or fraudulently altered. to appeal the matter by filing a petition in ( 2)Lend to, or knowingly permit the the circuit court for the county where he use of, by any other person, any such license resides. The court upon receipt of the peti- or permit issued to the person so lending tion shall set the matter for trial upon 10 or permitting its use. days' notice to the division and to the appel- ( lant. The trial in the circuit court shall be 3) Display or represent as one's own, de novo and the appellant shall have the right any such license or permit not issued to to a jury as provided in criminal actions. the person so displaying it. 2)No order of suspension issued in ac- ( 4)Fail or refuse to surrender to the cordance with subsection (1)of ORS 483.550 division, upon demand, any such license or 1373 482.620 VEHICLES AND SMALL WATERCRAFT permit which has been suspended, canceled 1) Compact"" means the Driver License or revoked. Compact. 5)Use a false or fictitious name or 2) Compact" administrator" means the give a false or fictitious address in any Administrator of the Motor Vehicles Division application for any such license or permit, of the Department of Transportation or his or any renewal or duplicate thereof, or know- deputy. ingly give a false age, or make a false state- 3) Executive" head,"with reference to ment, or knowingly conceal a material fact this state, means the Governor. or otherwise commit a fraud in any such 4) Licensing" authority," with refer- application. ence to this state, means the Motor Vehicles Division of the Department of Transporta- 482.620 Causing or permitting illegal tion. driving. No person shall authorize or know- 1963 c.484 §2] ingly permit a motor vehicle owned by him 482.820 Driver License Compact. The or under his control to be driven by any Driver License Compact hereby is enacted person who has no legal right to do so or into law and entered into on behalf of this in violation of any of the provisions of this state with all other states legally joining chapter. therein in a form substantially as follows: 482.630 Minors prohibited from driving school and passenger busses. (1) No per- son under the age of 18 years shall drive DRIVER LICENSE COMPACT a motor vehicle while it is in use as a school ARTICLE I bus for the transportation of pupils to or Findings and Declaration of Policy from school. a) The party states find that: 2)No person under the age of 21 years 1) The safety of their streets and high- shall drive a motor vehicle while it is in ways is materially affected by the degree of use as a public passenger -carrying vehicle. compliance with state laws and local ordi- nances relating to the operation of motor 482.640 Employment of unlicensed vehicles. chauffeur. No person shall employ any chauf- 2) Violation of such a law or ordinance feur to operate a motor vehicle who is not is evidence that the violator engages in con- licensed as provided in this chapter. duct which is likely to endanger the safety 482.650 Driving while license revoked or of persons and property. suspended. No person whose operator's or 3) The continuance in force of a license chauffeur's license, or whose right or privi- to drive is predicated upon compliance with lege to operate a motor vehicle, or whose laws and ordinances relating to the operation right to apply for a license to operate a of motor vehicles, in whichever jurisdiction motor vehicle in this state has been sus- the vehicle is operated. pended or revoked, under any provision of b)It is the policy of each of the party law, shall drive any motor vehicle in this states to: state during the period stated in the divi- 1) Promote compliance with the laws, sion's order of suspension or revocation. A ordinances, and administrative rules and license, permit or registration certificate is- regulations relating to the operation of mo- sued by any other jurisdiction shall not con- tor vehicles by their operators in each of the stitute authorization for a person to operate jurisdictions where such operators drive mo- tor vehicles. a motor vehicle in this state during the 2)Make the reciprocal recognition of period of such suspension or revocation. licenses to drive and eligibility therefor more Amended by 1959 c.506 §1] just and equitable by considering the overall 482.660 [ Repealed by 1959 c.664 §30] compliance with motor vehicle laws, ordinan- ces and administrative rules and regulations DRIVER LICENSE COMPACT as a condition precedent to the continuance or issuance of any license by reason of which 482.810 Definitions for ORS 482.810 to the licensee is authorized or permitted to op- 482.840. As used in ORS 482.810 to 482.840 erate a motor vehicle in any of the party unless the context requires otherwise: states. 1374 OPERATORS' AND CHAUFFEURS' LICENSES § 482.820

ARTICLE II other drug to a degree which renders, the Definitions driver incapable of safely driving a motor As used in this compact: vehicle; a) State"" means a state, territory or 3) Any felony in the commission of possession of the United States, the District which a motor vehicle is used; of Columbia, or the Commonwealth of Puer- 4) Failure to stop and render aid in the to Rico. event of a motor vehicle accident resulting b) Home" state"means the state which in the death or personal injury of another. has issued and has the power to suspend or b) As to other convictions, reported revoke the use of the license or permit to pursuant to Article III, the licensing author- operate a motor vehicle. ity in the home state shall give such effect c)Conviction" " means a conviction of to the conduct as is provided by the laws of any offense related to the use or operation the home state. of a motor vehicle which is prohibited by c)If the laws of a party state do not state law, municipal ordinance or adminis- provide for offenses or violations denomin- trative rule or regulation, or a forfeiture of ated or described in precisely the words em- bail, bond or other security deposited to se- ployed in subdivision ( a) of this Article, cure appearance by a person charged with such party state shall construe the denomin- having committed any such offense, and ations and descriptions appearing in subdivi- which conviction or forfeiture is required to sion ( a) hereof as being applicable to and be reported to the licensing authority. identifying those offenses or violations of a substantially similar nature and the laws of ARTICLE III such party state shall contain such provi- Reports of Conviction sions as may be necessary to ensure that full The licensing authority of a party state force and effect is given to this Article. shall report each conviction of a person from another party state occurring within its ju- ARTICLE V risdiction to the licensing authority of the Applications for New Licenses home state of the licensee. Such report shall clearly identify the person convicted; de- Upon application for a license to drive, scribe the violation specifying the section of the licensing authority in a party state shall the statute, code or ordinance violated; iden- ascertain whether the applicant has ever tify the court in which action was taken; in- held, or is the holder of a license to drive is- dicate whether a plea of guilty or not guilty sued by any other party state. The licensing was entered, or the conviction was a result authority in the state where application is of the forfeiture of bail, bond or other secur- made shall not issue a license to drive to the ity; and shall include any special findings applicant if: made in connection therewith. 1) The applicant has held such a li- cense, but the same has been suspended by ARTICLE IV reason, in whole or in part, of a violation and if such suspension period has not terminated. Effect of Conviction 2) The applicant has held such a li- a)The licensing authority in the home cense, but the same has been revoked by rea- state, for the purposes of suspension, revo- son, in whole or in part, of a violation and if cation or limitation of the license to operate such revocation has not terminated, except a motor vehicle, shall give the same effect that after the expiration of one year from to the conduct reported, pursuant to Article the date the license was revoked, such per- III of this compact, as it would if such con- son may make application for a new license duct had occurred in the home state, in the if permitted by law. The licensing authority case of convictions for: may refuse to issue a license to any such ap- 1) Manslaughter or negligent homicide plicant if, after investigation, the licensing resulting from the operation of a motor ve- authority determines that it will not be safe hicle; to grant to such person the privilege of driv- 2) Driving a motor vehicle while under ing a motor vehicle on the public highways. the influence of intoxicating liquor or a nar- ( 3)The applicant is the holder of a - cotic drug, or under the influence of any tense to drive issued by another party state 1375 482.830 VEHICLES AND SMALL WATERCRAFT and currently in force unless the applicant provisions of this compact shall be severable surrenders such license. and if any phrase, clause, sentence or pro- vision of this compact is declared to be con-

ARTICLE VI trary to the constitution of any party state or of the United States or the applicability Applicability of Other Laws thereof to any government, agency, person Except as expressly required by provi- or circumstance is held invalid, the validity sions of this compact, nothing contained of the remainder of this compact and the ap- herein shall be construed to affect the right plicability thereof to any government, of any party state to apply any of its other agency, person or circumstance shall not be laws relating to licenses to drive to any per- affected thereby. If this compact shall be son or circumstance, nor to invalidate or held contrary to the constitution of any state prevent any driver license agreement or party thereto, the compact shall remain in other cooperative arrangement between a full force and effect as to the remaining party state and a nonparty state. states and in full force and effect as to the state affected as to all severable matters.

ARTICLE VII 1963 c.484 §3] Compact Administrator and Interchange of Information 482.830 Designation of offenses under law of this state similar to offenses described a) The head of the licensing authority in compact. (1)In accordance with subdivi- of each party state shall be the administra- sion (c)of Article IV of the Driver License tor of this compact for his state. The admin- Compact, the following offenses or violations istrators, acting jointly, shall have the power provided by Oregon Law hereby are desig- to formulate all necessary and proper proce- nated as offenses or violations of a substan- dures for the exchange of information under tially similar nature as the respective denom- this compact. inations and descriptions of conduct appear- b) The administrator of each party ing in subdivision (a) of Article IV of the state shall furnish to the administrator of compact: each other party state any information or a) ORS 482.430 ( 1) a)( —Article IV documents reasonably necessary to facilitate a) 1).( the administration of this compact. b) ORS 482.430 ( 2)Article — IV (a) 2). ARTICLE VIII c)ORS 482.430 ( 1) c)( Article — IV Entry Into Force and Withdrawal a) 3).( a)This compact shall enter into force d) ORS 482.430 ( 1) e)( Article — IV and become effective as to any state when it a) 4).( has enacted the same into law. 2) Offenses or violations other than b) Any party state may withdraw from than those referred to in subsection (1)of this compact by enacting a statute repealing this section reported to the department pur- the same, but no such withdrawal shall take suant to Article III of the compact shall be effect until six months after the executive given effect within the purpose of Article IV head of the withdrawing state has given no- b)of the compact as the other laws of this tice of the withdrawal to the executive heads state provide. of all other party states. No withdrawal shall 1963 c.484 §4] affect the validity or applicability by the li- 482.840 censing authorities of states remaining party Expenses of Administrator of to the compact of any report of conviction Motor Vehicles Division as compact admin- occurring prior to the withdrawal. istrator. The compact administrator shall not be entitled to any additional compensa- tion on account of his service as administra- ARTICLE IX tor, but shall be entitled to expenses incurred Construction and Severability in connection with such service, payable the same as expenses in connection with his This compact shall be liberally construed services as head of the licensing authority. so as to effectuate the purposes thereof. The [ 1963 c.484 §5] 1376 OPERATORS' AND CHAUFFEURS' LICENSES 4482.990

PENALTIES the county or municipal jail for not less than two days nor more than one year, and 482.990 Penalties. (1)Except as other- there may be imposed in addition thereto a wise provided in this section or elsewhere fine of not more than $1,000. in the laws of this state, a violation of this 3) Any person who makes any false chapter is a misdemeanor and is punishable, affidavit or knowingly swears or affirms upon conviction, by a fine of not more than falsely to any matter or thing required by 500 or by imprisonment for not more than this chapter to be sworn to or affirmed, is six months, or both. guilty of perjury and upon conviction shall 2)Violation of ORS 482.650 is punish- be punished as provided in ORS 162.120. able, upon conviction, by imprisonment in Amended by 1967 c.579 §1]

CERTIFICATE OF LEGISLATWE COUNSEL

Pursuant to ORS 173.170, I, Robert W. Lundy, Legislative Counsel, do hereby certify that I have compared each section printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are correct copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173.160 and other changes specifically authorized by law. Done at Salem, Oregon, Robert W. Lundy on December 1, 1969. Legislative Counsel

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