75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1498
Senate Bill 267
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Bicycle Transportation Alliance)
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.
Requires first-time applicant for driver license to certify
that applicant has certain number of hours of driving experience
with certified driving instructor.
Modifies requirements for provisional driver license.
Directs Department of Transportation to include certain number
of questions in examination for driver license.
Requires applicants renewing driver license to complete
questionnaire. Directs department to mail questionnaire to person
whose license is about to expire. Permits department to not
maintain records on preparation and mailing of questionnaires
required on approaching expiration of driver license.
A BILL FOR AN ACT
Relating to driving privileges; creating new provisions; and
amending ORS 802.210, 807.060, 807.065, 807.070, 807.140 and
807.150.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 807.060 is amended to read:
807.060. The Department of Transportation may not grant driving
privileges to a person under a license if the person is not
eligible under this section. The following are not eligible for a
license:
(1) A person under 16 years of age.
(2)(a) A person under 18 years of age who is not an emancipated
minor unless the application of the person is signed by the
person's mother, father or legal guardian. A person who signs an
application under this paragraph may have the driving privileges
canceled as provided under ORS 809.320.
(b) A person under 18 years of age who does not meet the
requirements of ORS 807.065.
(3) Notwithstanding subsection (2) of this section, a person
under 18 years of age is not eligible for a commercial driver
license.
(4) A person { - that - } { + who + } the department
determines has a problem condition involving alcohol, inhalants
or controlled substances as described under ORS 813.040.
(5) A person the department reasonably believes has a mental or
physical condition or impairment that affects the person's
ability to safely operate a motor vehicle upon the highways.
(6) A person the department reasonably believes is unable to
understand highway signs that warn, regulate or direct traffic.
(7) A person who is required to make future responsibility
filings but has not made filings as required.
(8) A person who cannot be issued a license under the Driver
License Compact under ORS 802.540.
(9) A person who is not subject to the Driver License Compact
under ORS 802.540 but whose driving privileges are currently
under suspension or revocation in any other state upon grounds
which, if committed in this state, would be grounds for the
suspension or revocation of the driving privileges of the person.
(10) A person who has been declared a habitual offender under
ORS 809.640. A person declared not eligible to be licensed under
this subsection may become eligible by having eligibility
restored under ORS 809.640.
(11) A person whose driving privileges are canceled in this
state under ORS 809.310 until the person is eligible under ORS
809.310.
(12) A person while the person's driving privileges are revoked
in this state.
(13) A person during a period when the person's driving
privileges are suspended in this state.
(14) A person who holds a current out-of-state license or
driver permit or a valid Oregon license or driver permit. A
person who is not eligible under this subsection may become
eligible by surrendering the license, driver permit or
out-of-state license or driver permit to the department before
issuance of the license. Nothing in this subsection authorizes a
person to continue to operate a motor vehicle on the basis of an
out-of-state license or permit if the person is required by ORS
807.062 to obtain an Oregon license or permit.
(15) A person who has not complied with the requirements and
responsibilities created by citation for or conviction of a
traffic offense in another jurisdiction if an agreement under ORS
802.530 authorizes the department to withhold issuance of a
license.
{ + (16) A person 18 years of age or older who has never been
issued a driver license in this state or another jurisdiction and
who has not certified to the department that the person has had
at least 20 hours of driving experience with a person who holds a
valid, current driver training instructor certificate issued
under ORS 822.530. + }
SECTION 2. ORS 807.065 is amended to read:
807.065. (1) The Department of Transportation may not issue a
driver license to a person who is under 18 years of age unless
the person:
(a) Complies with the requirements of ORS 807.040 and 807.066;
(b) Passes an examination designed to test the person's
knowledge and understanding of safe driving practices, in
addition to any examination required under ORS 807.070;
(c) Has had, for at least six months prior to application for
the license, an instruction driver permit issued under ORS
807.280 or the equivalent of an instruction driver permit issued
by another state of the United States or by the District of
Columbia; { + and
(d) Certifies to the department that the person has had at
least 20 hours of driving experience with a person who holds a
valid, current driver training instructor certificate issued
under ORS 822.530. + }
{ - (d) Certifies to the department that the person has had
at least 50 hours of driving experience during which the person
was supervised by a person at least 21 years of age who has had a
valid driver license for at least three years; and - }
{ - (e) Completes a traffic safety education course that
meets standards developed by the department under ORS 802.345. In
lieu of completion of a traffic safety education course, a person
may certify to the department that the person has had at least 50
hours of driving experience during which the person was
supervised by a person at least 21 years of age who has had a
valid driver license for at least three years, in addition to the
50 hours required by paragraph (d) of this subsection. - }
(2) A person under 18 years of age need not comply with the
requirements of subsection (1)(c) { - , - } { + and + } (d)
{ - and (e) - } of this section if the person has been issued a
driver license by another state and surrenders that license in
order to get an Oregon license.
(3) If the person takes but does not pass a test that consists
of an actual demonstration of driving ability under ORS 807.070,
the department may not allow the person to perform the
demonstration again until the person has had an instruction
permit issued pursuant to ORS 807.280 for a period of not less
than one month.
(4) A driver license issued pursuant to this section shall be a
provisional driver license.
(5) The department shall prominently identify each driver
license issued pursuant to this section as a provisional driver
license.
SECTION 3. ORS 807.070 is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and endorsement. The examination for each class of license or
endorsement shall include all of the following as described:
(1) A test of the applicant's eyesight. This subsection does
not apply to an applicant with a limited vision condition as
defined in ORS 807.355.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test { - shall - } { + may + } not cover any
subject that is not presented in the publications of the
department intended for the instruction of applicants for
licenses and driver permits.
(b) The test for each class of license and endorsement
{ - shall - } { + must + } include, but is not limited to, a
test of knowledge and understanding of traffic laws that relate
specifically to the type of driving privileges granted under the
specific class of license or endorsement sought.
(c) The test under this subsection { - shall - } { +
must + } include, but is not limited to, the following subjects:
(A) Rights of pedestrians who are blind.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
{ + (d) The test under this subsection must include at least
40 questions. At least 15 percent of the total number of
questions on the test must pertain to the practices necessary for
safe operation of a vehicle around pedestrians and
bicyclists. + }
{ - (d) - } { + (e) + } The test may include a question
regarding fuel efficient driving techniques.
{ - (e) - } { + (f) + } The department may waive the test
under circumstances described in ORS 807.072.
(3) A test that is an actual demonstration of the applicant's
ability to operate a motor vehicle without endangering the safety
of persons or property. The following apply to this subsection:
(a) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(b) An actual demonstration for a passenger endorsement shall
be performed in a vehicle that is designed to transport 16 or
more persons, including the driver.
(c) An actual demonstration for a school bus endorsement shall
be performed in a school bus.
(d) The department may waive the demonstration under
circumstances described in ORS 807.072.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
SECTION 4. ORS 807.140 is amended to read:
807.140. (1) Before the expiration of any license or a license
with an endorsement under the vehicle code, the Department of
Transportation shall notify the person to whom the license was
issued of the approaching expiration { + and provide the person
with the questionnaire described in ORS 807.150 + }. Within a
reasonable time prior to the expiration date, the
{ + department + } { + shall mail + } { + the + } notice
{ - shall be mailed - } { + and questionnaire + } to the
person to whom the license was issued at the address shown in the
files maintained by the department.
(2) The department is not required to notify the person of an
approaching expiration { + or provide the person with a
questionnaire + } if the person's license has been suspended,
canceled or revoked or if the person has failed to notify the
department of a change of address as required under ORS 807.560.
(3) Failure to receive a notice of expiration { + or a
questionnaire + } from the department is not a defense to a
charge of driving with an expired license. However, the court may
dismiss the charge if the person renews the license before the
scheduled court appearance.
(4) The department responsibility to maintain records
concerning { + the + } notice { + and questionnaire + } under
this section is as provided under ORS 802.210.
SECTION 5. ORS 807.150 is amended to read:
807.150. (1) When a license expires or is about to expire, the
Department of Transportation shall renew the license under this
section if the holder of the license qualifies for renewal of the
license under this section and:
(a) Applies for renewal within one year of the expiration of a
similar license under ORS 807.130; or
(b) Applies for issuance of a license within six months after
the applicant is discharged from the Armed Forces of the United
States and was licensed by this state at the time of the
applicant's entry into the Armed Forces.
(2) To qualify for renewal of a license under this section, a
person must meet all of the requirements under ORS 807.040 for
the class of license sought to be renewed { + and the person
must submit the completed questionnaire described in subsection
(3) of this section + }, except that the department may waive the
examination under ORS 807.070 of a person applying for renewal of
a license unless the department has reason to believe that the
applicant is not qualified to hold the license or unless the
applicant for renewal has not previously been examined.
{ + (3)(a) The department shall develop the questionnaire
required for renewal of a license under subsection (2) of this
section. The questionnaire must include, but need not be limited
to, the following subjects:
(A) The traffic laws enacted or amended within the preceding
eight calendar years; and
(B) The subjects described in ORS 807.070 (2)(c).
(b) The questionnaire must contain at least 40 questions. At
least 15 percent of the total number of questions on a
questionnaire must pertain to the practices necessary for safe
operation of a vehicle around pedestrians and bicyclists. + }
{ - (3) - } { + (4) + } To receive a renewal under this
section, the license renewal fee and the Student Driver Training
Fund eligibility fee under ORS 807.370 must be paid.
{ - (4) - } { + (5) + } If a person who applies for a
renewal under this section is not qualified to renew the class of
license sought to be renewed, the department may issue the person
any lower class of license for which the person qualifies in lieu
of renewing the person's license for the class of license held by
the person.
{ - (5) - } { + (6) + } A license that is renewed under
this section may be used on or after the date of issuance. If the
department issues a license renewal to a person under this
section before the expiration of the license being renewed, the
older license is invalid. A license that becomes invalid under
this subsection shall be destroyed by the person to whom it was
issued.
{ - (6) - } { + (7) + } If the address of the applicant has
changed since the last time a license was issued to or renewed
for the applicant, the department shall require proof to verify
the address of an applicant for renewal of a license in addition
to anything else the department may require of the applicant.
SECTION 6. ORS 802.210 is amended to read:
802.210. The Department of Transportation is not required to
maintain records on any of the following:
(1) The preparation and mailing of notices required on
approaching expiration of registration under ORS 803.450.
(2) The preparation and mailing of notices { + and
questionnaires + } required on approaching expiration of driver
license or driver permit under ORS 807.140.
SECTION 7. { + The amendments to ORS 807.060, 807.065,
807.070, 807.140 and 807.150 by sections 1 to 5 of this 2009 Act
apply to applications for issuance or renewal of a driver license
submitted on or after the effective date of this 2009 Act. + }
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