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807 · Driving Privileges and Identification Cards REQUIREMENT 807.010 Operating vehicle without...

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Chapter 807 2019 EDITION Driving Privileges and Identification Cards REQUIREMENT 807.010 Operating vehicle without driving privi- leges or in violation of license re- strictions; penalty STATUTORY PRIVILEGES 807.018 Persons considered to hold commercial driving privileges 807.020 Exemptions from requirement to have Oregon license or permit ESTABLISHMENT OF IDENTITY 807.021 Proof of Social Security number; rules 807.022 Verification of identity source documents 807.024 Collection of biometric data; establish- ment of person’s identity; rules; immunity 807.026 Management of biometric data LICENSES, ENDORSEMENTS AND PERMITS (Licenses) 807.031 Classes of license 807.035 Kinds of endorsements 807.036 Exceptions to endorsement requirement for tow vehicle operator 807.038 School bus endorsement exception 807.040 Requirements for issuance; rules; fees 807.045 Issuance of commercial license to person who holds out-of-state commercial license 807.050 Application; proof of address; rules 807.060 Eligibility 807.062 Domicile or residency requirement for driver license 807.065 Additional eligibility requirements for persons under 18 years of age; provisional driver license 807.066 School requirements for persons under 18 years of age 807.070 Examinations 807.072 Waiver of certain examinations, tests and demonstrations; rules 807.080 Driver competency testing certificates; waiver of demonstration test for persons certified; rules; fees 807.090 Establishing eligibility notwithstanding mental or physical condition or impair- ment 807.100 Proof of medical qualification; rules 807.110 Contents of license; rules 807.115 Digital images of photographs and signa- tures 807.120 Restrictions generally 807.122 Restrictions on operation with provisional driver license 807.130 Expiration 807.135 Expiration of license held by Oregon Na- tional Guard member or military reservist 807.137 Expiration of license held by person vol- unteering outside of United States 807.140 Notice prior to expiration; exceptions; ef- fect of failure to notify; records 807.150 Renewal; proof of address; rules 807.160 Replacement license or permit; rules; fees (Endorsements) 807.170 Requirements for issuance; fees; cancella- tion 807.173 Additional requirements for hazardous materials endorsement; rules 807.175 Motorcycle education course (Permits) 807.200 Types of permit 807.210 Disability golf cart permit; fees 807.220 Emergency driver permit; fees 807.230 Special student driver permit; fees 807.240 Hardship permit; fees; rules 807.280 Instruction driver permit; fees 807.285 Commercial learner driver permit; fees 807.290 Special temporary instruction driver per- mit; fees 807.310 Applicant temporary permit; rules 807.320 Court issued temporary driver permit 807.330 Court bail driver permit (Continuing Eligibility) 807.340 Proof of eligibility; effect of failure to re- establish; waiver of fee 807.350 Cancellation of privileges; issuance of more limited license or permit (Persons With Limited Vision) 807.355 Definitions 807.359 Special limited vision condition learner’s permit 807.363 Issuance of driver license to person with limited vision condition 807.368 Form of permit; rehabilitation training specialists; rules 807.369 Driving at night FEES 807.370 License, endorsement and permit fees 807.390 Waiver of certain fees; rules IDENTIFICATION CARDS 807.400 Issuance; application; proof of address; contents; renewal; fee; validity; replace- ment; cancellation; rules 807.405 Applicant temporary identification card; rules 807.410 Fees 807.420 Failure to notify department on change of name or address; rules; penalty 807.430 Misuse of identification card; penalty Title 59 Page 1 (2019 Edition)
Transcript
Page 1: 807 · Driving Privileges and Identification Cards REQUIREMENT 807.010 Operating vehicle without driving privi-leges or in violation of license re-strictions; penalty STATUTORY PRIVILEGES

Chapter 8072019 EDITION

Driving Privileges and Identification Cards

REQUIREMENT807.010 Operating vehicle without driving privi-

leges or in violation of license re-strictions; penalty

STATUTORY PRIVILEGES807.018 Persons considered to hold commercial

driving privileges807.020 Exemptions from requirement to have

Oregon license or permit

ESTABLISHMENT OF IDENTITY807.021 Proof of Social Security number; rules807.022 Verification of identity source documents807.024 Collection of biometric data; establish-

ment of person’s identity; rules; immunity807.026 Management of biometric data

LICENSES, ENDORSEMENTS ANDPERMITS

(Licenses)807.031 Classes of license807.035 Kinds of endorsements807.036 Exceptions to endorsement requirement

for tow vehicle operator807.038 School bus endorsement exception807.040 Requirements for issuance; rules; fees807.045 Issuance of commercial license to person

who holds out-of-state commercial license807.050 Application; proof of address; rules807.060 Eligibility807.062 Domicile or residency requirement for

driver license807.065 Additional eligibility requirements for

persons under 18 years of age; provisionaldriver license

807.066 School requirements for persons under 18years of age

807.070 Examinations807.072 Waiver of certain examinations, tests and

demonstrations; rules807.080 Driver competency testing certificates;

waiver of demonstration test for personscertified; rules; fees

807.090 Establishing eligibility notwithstandingmental or physical condition or impair-ment

807.100 Proof of medical qualification; rules807.110 Contents of license; rules807.115 Digital images of photographs and signa-

tures807.120 Restrictions generally807.122 Restrictions on operation with provisional

driver license807.130 Expiration807.135 Expiration of license held by Oregon Na-

tional Guard member or military reservist

807.137 Expiration of license held by person vol-unteering outside of United States

807.140 Notice prior to expiration; exceptions; ef-fect of failure to notify; records

807.150 Renewal; proof of address; rules807.160 Replacement license or permit; rules; fees

(Endorsements)807.170 Requirements for issuance; fees; cancella-

tion807.173 Additional requirements for hazardous

materials endorsement; rules807.175 Motorcycle education course

(Permits)807.200 Types of permit807.210 Disability golf cart permit; fees807.220 Emergency driver permit; fees807.230 Special student driver permit; fees807.240 Hardship permit; fees; rules807.280 Instruction driver permit; fees807.285 Commercial learner driver permit; fees807.290 Special temporary instruction driver per-

mit; fees807.310 Applicant temporary permit; rules807.320 Court issued temporary driver permit807.330 Court bail driver permit

(Continuing Eligibility)807.340 Proof of eligibility; effect of failure to re-

establish; waiver of fee807.350 Cancellation of privileges; issuance of

more limited license or permit

(Persons With Limited Vision)807.355 Definitions807.359 Special limited vision condition learner’s

permit807.363 Issuance of driver license to person with

limited vision condition807.368 Form of permit; rehabilitation training

specialists; rules807.369 Driving at night

FEES807.370 License, endorsement and permit fees807.390 Waiver of certain fees; rules

IDENTIFICATION CARDS807.400 Issuance; application; proof of address;

contents; renewal; fee; validity; replace-ment; cancellation; rules

807.405 Applicant temporary identification card;rules

807.410 Fees807.420 Failure to notify department on change

of name or address; rules; penalty807.430 Misuse of identification card; penalty

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OREGON VEHICLE CODE

REAL ID807.450 Definition807.455 Issuance, replacement and renewal; re-

quirements807.460 Fees807.465 Document retention807.470 Disclosure of identity source documents807.475 Fingerprint requirements807.480 Verification of lawful status in the United

States; rules807.485 Public information program

OFFENSES807.500 Unlawful production of certain docu-

ments; affirmative defense; penalty807.510 Transfer of documents for purposes of

misrepresentation; penalty807.520 False swearing to receive license; penalty807.530 False application for license; penalty807.540 Failure to surrender prior license; penalty807.550 Holding multiple licenses; penalty807.560 Failure to notify department upon change

of address or name; rules; penalty807.570 Failure to carry or present license; pen-

alty807.580 Using invalid license; penalty

807.590 Permitting misuse of license; penalty807.600 Using another’s license; penalty807.610 Employing or providing vehicle to un-

qualified driver; penalty807.620 Giving false information to police officer;

penalty

MISCELLANEOUS807.700 Notification to department as to released

persons with mental retardation or men-tal illness who are licensed operators

807.710 Reports of persons with cognitive orfunctional impairment; rules; forms

807.720 Filing of death records with department807.725 Issuance of fictitious driver licenses and

identification cards; rules; fees807.730 Issuance of limited term driver licenses,

permits and identification cards; rules807.735 Providing assistance to applicants for

driver licenses, driver permits and iden-tification cards

807.745 Findings regarding personal informationcontained in driver licenses, driver per-mits and identification cards

807.750 Restrictions on swiping driver licenses oridentification cards

807.760 Prohibition on use of license or permit asevidence of citizenship or immigrationstatus

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DRIVING PRIVILEGES AND IDENTIFICATION CARDS 807.020

REQUIREMENT807.010 Operating vehicle without

driving privileges or in violation of li-cense restrictions; penalty. (1) A personcommits the offense of operating a vehiclewithout driving privileges if the person oper-ates a motor vehicle upon a highway orpremises open to the public in this state andthe person does not have an appropriategrant of driving privileges from this state inthe form of a license, driver permit, endorse-ment or statutory grant of driving privilegesallowing the person to engage in the partic-ular type of operation.

(2) A person to whom a license or driverpermit is issued commits the offense of vio-lating license restrictions if the person oper-ates a motor vehicle in any manner thatviolates restrictions that are placed upon theperson’s driving privileges by the Departmentof Transportation under ORS 807.120 or807.122, by a court under ORS 809.210 or809.270, or by the vehicle code.

(3) Nothing in this section is applicableto a person who is driving while suspendedor revoked in violation of ORS 811.175 or811.182. Persons who violate ORS 811.175 or811.182 are subject to the provisions andpenalties provided therein and are not sub-ject to the penalties and provisions of thissection.

(4) Except as provided in subsection (5)of this section, the offense described in sub-section (1) of this section, operating a vehiclewithout driving privileges, is a Class B traf-fic violation.

(5) The offense described in subsection (1)of this section, operating a vehicle withoutdriving privileges, that results from a personoperating a motorcycle without a motorcycleendorsement, is a Class A traffic violation.

(6)(a) The court shall suspend a fine im-posed under subsection (5) of this section onthe condition that the person, within 120days of the date of sentencing:

(A) Complete a motorcycle educationcourse established by the department underORS 802.320; and

(B) Obtain a motorcycle endorsement is-sued under ORS 807.170.

(b) The court shall set a hearing date for120 days from the date of sentencing. At thehearing the court shall:

(A) If the person has successfully com-pleted the requirements described in para-graph (a)(A) and (B) of this subsection,dismiss the fine imposed under subsection (5)of this section; or

(B) If the person has not successfullycompleted the requirements described in par-agraph (a)(A) and (B) of this subsection:

(i) Grant the person an extension basedon good cause shown; or

(ii) Impose the fine under subsection (5)of this section.

(7) The offense described in subsection (2)of this section, operating in violation of li-cense restrictions, is a Class B traffic vio-lation. [1985 c.608 §5 (enacted in lieu of 1983 c. 338§299); 1987 c.730 §10; 1999 c.328 §6; 2003 c.14 §467; 2009c.482 §1]

STATUTORY PRIVILEGES807.018 Persons considered to hold

commercial driving privileges. A personholds commercial driving privileges for thepurposes of the Oregon Vehicle Code if:

(1) The person has an unexpired com-mercial learner driver permit; or

(2) The person’s most recently issueddriver license is or was a commercial driverlicense issued by the Department of Trans-portation or the licensing agency of anotherjurisdiction, without regard to whether:

(a) The person’s commercial driver li-cense has expired; or

(b) The person’s commercial driving priv-ileges are suspended, canceled or revoked.[2013 c.237 §3; 2017 c.190 §13]

807.020 Exemptions from requirementto have Oregon license or permit. A per-son who is granted a driving privilege by thissection may exercise the driving privilegedescribed without violation of the require-ments under ORS 807.010. A grant of drivingprivileges to operate a motor vehicle underthis section is subject to suspension and re-vocation the same as other driving privilegesgranted under the vehicle code. This sectionis in addition to any exemptions from thevehicle code under ORS 801.026. The follow-ing persons are granted the described drivingprivileges:

(1) A person who is not a resident of thisstate or who has been a resident of this statefor less than 30 days may operate a motorvehicle without an Oregon license or driverpermit if the person holds a current out-of-state license issued to the person. For thepurpose of this subsection, a person is a res-ident of this state if the person meets theresidency requirements described in ORS807.062. To qualify under this subsection, theperson must have the out-of-state license ordriver permit in the person’s possession. Aperson is not granted driving privileges un-der this subsection:

(a) If the person is under the minimumage required to be eligible for driving privi-leges under ORS 807.060;

(b) During a period of suspension or re-vocation by this state or any other jurisdic-

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807.020 OREGON VEHICLE CODE

tion of driving privileges or of the right toapply for a license or driver permit issued bythis state or any other jurisdiction; or

(c) That exceed the driving privilegesgranted to the person by the out-of-state li-cense or driver permit.

(2) A person who is a member of theArmed Forces of the United States or amember of the commissioned corps of theNational Oceanic and Atmospheric Adminis-tration may operate a motor vehicle withoutan Oregon license or driver permit if theperson is operating a motor vehicle in thecourse of the person’s duties in the ArmedForces or the National Oceanic and Atmo-spheric Administration.

(3) A person without a license or driverpermit may operate a road roller or roadmachinery that is not required to be regis-tered under the laws of this state.

(4) A person without a license or driverpermit may temporarily operate, draw, moveor propel a farm tractor or implement ofhusbandry.

(5) A person without a license or driverpermit may operate a motor vehicle to dem-onstrate driving ability during the course ofan examination administered under ORS807.070 for the purpose of qualifying for a li-cense or driver permit. This subsection onlyapplies when an authorized examiner is in aseat beside the driver of the motor vehicle.

(6) Driving privileges for snowmobiles areexclusively as provided in ORS 821.150.

(7) Driving privileges for Class I all-terrain vehicles are exclusively as providedin ORS 821.170, unless a person is operatinga Class I all-terrain vehicle on an all-terrainvehicle highway access route that is desig-nated by the Oregon Transportation Com-mission as open to all-terrain vehicles.

(8) Driving privileges for Class III all-terrain vehicles are exclusively as providedin ORS 821.172, unless a person is operatinga Class III all-terrain vehicle on an all-terrain vehicle highway access route that isdesignated by the commission as open to all-terrain vehicles.

(9) Driving privileges for Class IV all-terrain vehicles are exclusively as providedin ORS 821.176, unless a person is operatinga Class IV all-terrain vehicle on an all-terrain vehicle highway access route that isdesignated by the commission as open to all-terrain vehicles.

(10) A person without a license or driverpermit may operate a golf cart in accordancewith an ordinance adopted under ORS810.070.

(11) The spouse of a member of theArmed Forces of the United States on active

duty or the spouse of a member of the com-missioned corps of the National Oceanic andAtmospheric Administration who is accom-panying the member on assignment in thisstate may operate a motor vehicle if thespouse has a current out-of-state license ordriver permit issued to the spouse by anotherstate in the spouse’s possession.

(12) A person who is a member of theArmed Forces of the United States on activeduty or a member of the commissioned corpsof the National Oceanic and AtmosphericAdministration may operate a motor vehicleif the person has a current out-of-state li-cense or driver permit in the person’s pos-session that is issued to the person by theperson’s state of domicile or by the ArmedForces of the United States in a foreigncountry. Driving privileges described underthis subsection that are granted by theArmed Forces apply only for a period of 45days from the time the person returns to theUnited States.

(13) A person who does not hold a mo-torcycle endorsement may operate a motor-cycle if the person is:

(a) Within an enclosed cab;(b) Operating a vehicle designed to travel

with three wheels in contact with the groundat speeds of less than 15 miles per hour; or

(c) Operating an autocycle.(14) A person may operate a bicycle that

is not an electric assisted bicycle withoutany grant of driving privileges.

(15) A person may operate an electricassisted bicycle without a driver license ordriver permit if the person is 16 years of ageor older.

(16) A person may operate a motor as-sisted scooter without a driver license ordriver permit if the person is 16 years of ageor older.

(17) A person who is not a resident ofthis state or who has been a resident of thisstate for less than 30 days may operate amotor vehicle without an Oregon license ordriver permit if the person is at least 15years of age and has in the person’s pos-session a current out-of-state equivalent of aClass C instruction driver permit issued tothe person. For the purpose of this subsec-tion, a person is a resident of this state if theperson meets the residency requirements de-scribed in ORS 807.062. A person operatinga motor vehicle under authority of this sub-section has the same privileges and is subjectto the same restrictions as a person operat-ing under the authority of a Class C in-struction driver permit issued as provided inORS 807.280.

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DRIVING PRIVILEGES AND IDENTIFICATION CARDS 807.021

(18) A person may operate an electricpersonal assistive mobility device withoutany grant of driving privileges if the personis 16 years of age or older. [1983 c.338 §300; 1985c.16; 123; 1985 c.608 §13; 1987 c.217 §5; 1993 c.83 §1; 1995c.774 §14; 1997 c.400 §6; 2001 c.749 §21; 2003 c.14 §468;2003 c.341 §6; 2007 c.845 §3; 2009 c.395 §6; 2011 c.360 §16;2017 c.296 §4; 2017 c.453 §9; 2018 c.76 §36]

ESTABLISHMENT OF IDENTITY807.021 Proof of Social Security num-

ber; rules. (1) Except as provided in ORS807.310 (5) and 807.405 (4), prior to issuing,renewing or replacing a driver license, driverpermit or identification card that is not aReal ID, the Department of Transportationshall require a person to provide the SocialSecurity number assigned to the person bythe United States Social Security Adminis-tration and proof of legal presence in theUnited States or, if the person is not eligiblefor a Social Security number, proof of legalpresence in the United States and proof thatthe person is not eligible for a Social Secu-rity number.

(2) For the purposes of subsection (1) ofthis section:

(a) A person provides proof of legal pres-ence in the United States by submitting validdocumentation, as defined by the departmentby rule, that the person is a citizen or per-manent legal resident of the United Statesor is otherwise legally present in the UnitedStates in accordance with federal immi-gration laws.

(b) A member of a federally recognizedtribe located in Oregon or with an Oregonaffiliation may submit a tribal identificationcard as proof of legal presence in the UnitedStates if the department determines that theprocedures used in issuing the card are suf-ficient to prove that a member is legallypresent in the United States.

(c) If a person is not eligible for a SocialSecurity number, the person shall provideproof, as defined by the department by rule,that the person is not eligible for a SocialSecurity number.

(3) The department may issue, renew orreplace a driver license, driver permit oridentification card that is not a Real ID foran applicant who has submitted a Social Se-curity number only after the departmentverifies the Social Security number with theUnited States Social Security Administra-tion. In order to verify the person’s SocialSecurity number, the department may re-quire the person to provide proof, as definedby rule, of the person’s Social Security num-ber.

(4) This section does not apply if the de-partment previously verified the Social Secu-rity number as required by subsection (3) of

this section and the person applying for thedriver license, driver permit or identificationcard is a citizen or permanent legal residentof the United States. [2008 c.1 §2; 2011 c.282 §1;2017 c.568 §11]

Note 1: The amendments to 807.021 by section 11,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.021. (1) Except as provided in ORS 807.310 (5)and 807.405 (4), prior to issuing, renewing or replacingany driver license, driver permit or identification card,the Department of Transportation shall require a personto provide the Social Security number assigned to theperson by the United States Social Security Adminis-tration and proof of legal presence in the United Statesor, if the person is not eligible for a Social Securitynumber, proof of legal presence in the United States andproof that the person is not eligible for a Social Secu-rity number.

(2) For the purposes of subsection (1) of this sec-tion:

(a) A person provides proof of legal presence in theUnited States by submitting valid documentation, asdefined by the department by rule, that the person is acitizen or permanent legal resident of the United Statesor is otherwise legally present in the United States inaccordance with federal immigration laws.

(b) A member of a federally recognized tribe lo-cated in Oregon or with an Oregon affiliation maysubmit a tribal identification card as proof of legalpresence in the United States if the department deter-mines that the procedures used in issuing the card aresufficient to prove that a member is legally present inthe United States.

(c) If a person is not eligible for a Social Securitynumber, the person shall provide proof, as defined bythe department by rule, that the person is not eligiblefor a Social Security number.

(3) The department may issue, renew or replace adriver license, driver permit or identification card foran applicant who has submitted a Social Security num-ber only after the department verifies the Social Secu-rity number with the United States Social SecurityAdministration. In order to verify the person’s SocialSecurity number, the department may require the personto provide proof, as defined by rule, of the person’s So-cial Security number.

(4) This section does not apply if the departmentpreviously verified the Social Security number as re-quired by subsection (3) of this section and the personapplying for the driver license, driver permit or iden-tification card is a citizen or permanent legal residentof the United States.

Note 2: The amendments to 807.021 by section 2,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.021. (1) Before issuing, renewing or replacinga driver license, driver permit or identification card, theDepartment of Transportation shall require a person toprovide the Social Security number assigned to theperson by the United States Social Security Adminis-tration or a written statement that the person has notbeen assigned a Social Security number.

(2) The department may issue, renew or replace adriver license, driver permit or identification card foran applicant who has submitted a Social Security num-ber only after the department verifies the Social Secu-

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807.022 OREGON VEHICLE CODE

rity number with the United States Social SecurityAdministration. In order to verify the person’s SocialSecurity number, the department may require the personto provide proof, as defined by rule, of the person’s So-cial Security number.

(3) This section does not apply if the departmentpreviously verified the Social Security number as re-quired by subsection (2) of this section.

(4) As used in this section, a “driver license,”“driver permit” or “identification card” means a driverlicense, driver permit or identification card that is nota:

(a) Real ID;(b) Commercial driver license; or(c) Commercial learner driver permit.

807.022 Verification of identity sourcedocuments. (1) Before issuing, renewing orreplacing a driver license, driver permit oridentification card, the Department of Trans-portation may verify with the issuing agencythe validity and completeness of each iden-tity source document presented by the appli-cant.

(2) The department may require a personwho holds a driver license, driver permit oridentification card issued by this state whopreviously presented an identity source doc-ument that was not retained by the depart-ment as a digital image to present anidentity source document for the purpose ofcapturing and retaining a digital copy of theidentity source document. This subsectionapplies only to a person who elects to holda Real ID. [2008 c.1 §7; 2017 c.568 §12]

Note: The amendments to 807.022 by section 12,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.022. Prior to issuing, renewing or replacing adriver license, driver permit or identification card, theDepartment of Transportation may verify with the issu-ing agency the validity and completeness of each iden-tity source document presented by the applicant.

807.024 Collection of biometric data;establishment of person’s identity; rules;immunity. (1) A person who applies for is-suance, renewal or replacement of a driverlicense, driver permit or identification cardshall submit to collection of biometric databy the Department of Transportation for thepurpose of establishing the person’s identity.Submitting to collection of biometric dataunder this section does not excuse a personfrom responsibility for complying with re-quirements for proof of identity, date of birthor address pursuant to ORS 807.040.

(2) Notwithstanding subsection (1) of thissection and ORS 807.040 (1)(c), the depart-ment, by rule, may provide for issuance, re-newal or replacement of a valid driverlicense or driver permit without the col-lection of biometric data.

(3) For purposes of this section, aperson’s identity is established if:

(a) The department finds that thebiometric data collected as required undersubsection (1) of this section match thebiometric data that are already in thedepartment’s records for that person; or

(b) The department finds that thebiometric data collected as required undersubsection (1) of this section do not matchbiometric data in the department’s recordsfor any other person and the departmentdoes not otherwise have reason to believethat the person is not who the person claimsto be.

(4) If a person’s identity is established asdescribed in subsection (3) of this section,the department shall mail the driver license,driver permit or identification card to theaddress provided by the person when theperson applied for the issuance, renewal orreplacement of the license, permit or iden-tification card.

(5) If a person’s identity is not estab-lished as described in subsection (3) of thissection, the department shall:

(a) Inform the person who submitted tocollection of biometric data that the person’sidentity was not established; and

(b) Provide the person with the opportu-nity to establish the person’s identity by analternative method approved by the depart-ment by rule.

(6) If a person’s identity was not estab-lished as described in subsection (3) of thissection and the department has reason tobelieve that the crime of identity theft, asdescribed in ORS 165.800, was committed bythe person currently submitting to collectionof biometric data or by a person who previ-ously submitted to collection of biometricdata under the identity of the person cur-rently submitting to collection of biometricdata, the department shall notify a law en-forcement agency that has jurisdiction overthe crime.

(7) The department by rule shall establishprocedures for providing expedited processingof driver licenses, driver permits or identifi-cation cards.

(8) The department and employees of thedepartment are immune from liability for anydamages resulting from the issuance, renewalor replacement of a driver license, driverpermit or identification card under anotherperson’s identity if the employee who proc-essed the biometric data for a license, permitor identification card established theapplicant’s identity as described in subsec-tion (3) of this section. [2005 c.775 §3; 2008 c.1 §14;2017 c.568 §13]

Note: The amendments to 807.024 by section 13,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.

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DRIVING PRIVILEGES AND IDENTIFICATION CARDS 807.031

The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.024. (1) A person who applies for issuance, re-newal or replacement of a driver license, driver permitor identification card shall submit to collection ofbiometric data by the Department of Transportation forthe purpose of establishing the person’s identity. Sub-mitting to collection of biometric data under this sec-tion does not excuse a person from responsibility forcomplying with requirements for proof of identity, ageor residence pursuant to ORS 807.050.

(2) Notwithstanding subsection (1) of this sectionand ORS 807.040 (1)(c), the department, by rule, mayprovide for issuance, renewal or replacement of a validdriver license or driver permit without the collection ofbiometric data.

(3) For purposes of this section, a person’s identityis established if:

(a) The department finds that the biometric datacollected as required under subsection (1) of this sectionmatch the biometric data that are already in thedepartment’s records for that person; or

(b) The department finds that the biometric datacollected as required under subsection (1) of this sectiondo not match biometric data in the department’s recordsfor any other person and the department does not oth-erwise have reason to believe that the person is not whothe person claims to be.

(4) If a person’s identity is established as describedin subsection (3) of this section, the department shallmail the driver license, driver permit or identificationcard to the address provided by the person when theperson applied for the issuance, renewal or replacementof the license, permit or identification card.

(5) If a person’s identity is not established as de-scribed in subsection (3) of this section, the departmentshall:

(a) Inform the person who submitted to collectionof biometric data that the person’s identity was not es-tablished; and

(b) Provide the person with the opportunity to es-tablish the person’s identity by an alternative methodapproved by the department by rule.

(6) If a person’s identity was not established asdescribed in subsection (3) of this section and the de-partment has reason to believe that the crime of iden-tity theft, as described in ORS 165.800, was committedby the person currently submitting to collection ofbiometric data or by a person who previously submittedto collection of biometric data under the identity of theperson currently submitting to collection of biometricdata, the department shall notify a law enforcementagency that has jurisdiction over the crime.

(7) The department by rule shall establish proce-dures for providing expedited processing of driver li-censes, driver permits or identification cards.

(8) The department and employees of the depart-ment are immune from liability for any damages re-sulting from the issuance, renewal or replacement of adriver license, driver permit or identification card underanother person’s identity if the employee who processedthe biometric data for a license, permit or identificationcard established the applicant’s identity as described insubsection (3) of this section.

807.026 Management of biometricdata. (1) The Department of Transportationshall retain biometric data collected by thedepartment in the course of issuing, renew-ing or replacing driver licenses, driver per-mits and identification cards.

(2) The biometric data may not be madeavailable to anyone other than employees of

the department acting in an official capacity.[2005 c.775 §4]

807.030 [1985 c.608 §8; 1987 c.744 §1; repealed by 1989c.636 §54]

LICENSES, ENDORSEMENTS ANDPERMITS(Licenses)

807.031 Classes of license. The followinglicenses grant the driving privileges de-scribed:

(1) A Class A commercial driver licenseauthorizes a person to operate any vehicleor combination of vehicles except that theperson may not operate any vehicle forwhich an endorsement is required unless theperson obtains the endorsement.

(2) A Class B commercial driver licenseauthorizes a person to operate any single ve-hicle and to tow a vehicle that has a grossvehicle weight rating or gross vehicleweight, whichever is greater, that does notexceed 10,000 pounds. The person may notoperate any vehicle for which an endorse-ment is required unless the person obtainsthe endorsement.

(3) A Class C commercial driver licenseauthorizes a person to operate:

(a) Any vehicle that is designed to trans-port 16 or more persons, including the driver,if the gross vehicle weight rating or grossvehicle weight, whichever is greater, of thevehicle is less than 26,001 pounds and theperson has the proper endorsement to oper-ate a vehicle described in this paragraph; and

(b) Any vehicle that is used in the trans-portation of hazardous materials if the grossvehicle weight rating or gross vehicleweight, whichever is greater, of the vehicleis less than 26,001 pounds and the person hasthe proper endorsement.

(4) A commercial driver license autho-rizes a person to operate any vehicle thatmay be operated by the holder of a Class Clicense.

(5) A Class C driver license authorizes aperson to operate any vehicle for which acommercial driver license is not required ex-cept that the person may not operate anyvehicle for which an endorsement is requiredunless the person obtains the endorsement.

(6) A restricted Class C license autho-rizes a person to operate a vehicle under oneof the permits described in ORS 807.200 asconstituting a restricted Class C license. Theperson may not operate any vehicle forwhich an endorsement is required or begranted any endorsements for the license.[1989 c.636 §12; 2003 c.14 §469; 2005 c.649 §3; 2009 c.395§7; 2011 c.470 §6; 2015 c.716 §4; 2017 c.190 §7]

807.032 [1989 c.636 §12a; repealed by 1997 c.83 §1]

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807.035 Kinds of endorsements. Thissection describes the type of driving privi-leges granted by various endorsements issuedby this state. Except as provided in ORS807.285, the following endorsements grantthe driving privileges described:

(1) A motorcycle endorsement authorizesa person to operate any motorcycle.

(2) A hazardous materials endorsementauthorizes a person to operate a vehicletransporting hazardous materials.

(3) A tank vehicle endorsement autho-rizes a person to operate tank vehicles.

(4)(a) Except as provided in paragraph (b)of this subsection, a passenger endorsementauthorizes a person to operate a vehicle:

(A) Described in ORS 801.208 (1)(a) or (b)that is designed to transport passengers incommerce; or

(B) Described in ORS 801.208 (1)(c).(b) A passenger endorsement does not

authorize a person to operate a school bus.(5) A school bus endorsement authorizes

a person to operate a school bus if the per-son also holds a valid passenger endorse-ment.

(6) A double and triple trailer endorse-ment authorizes a person to operate a com-mercial motor vehicle with double and tripletrailer combinations.

(7) A combined endorsement authorizes aperson to operate a tank vehicle, transporthazardous materials and transport hazardousmaterials in a tank vehicle.

(8) A Class A farm endorsement autho-rizes a person to:

(a) Operate or tow any vehicle that canbe operated by the holder of a Class A com-mercial driver license if the vehicle is:

(A) Controlled or operated by a farmer;(B) Used to transport agricultural pro-

ducts, farm machinery or farm supplies to orfrom a farm;

(C) Not used in the operation of a com-mon or contract motor carrier; and

(D) Used within 150 miles of the farmer’sfarm.

(b) Operate any vehicle described in par-agraph (a) of this subsection that is trans-porting hazardous materials if the vehicle isplacarded in accordance with law.

(c) Operate any vehicle described in par-agraph (a) of this subsection that is a tankvehicle or a double trailer combination with-out holding a tank vehicle endorsement or adouble and triple trailer endorsement.

(9) A Class B farm endorsement autho-rizes a person to:

(a) Operate or tow any vehicle that canbe operated or towed by the holder of a ClassB commercial driver license if the vehicle is:

(A) Controlled or operated by a farmer;(B) Used to transport agricultural pro-

ducts, farm machinery or farm supplies to orfrom a farm;

(C) Not used in the operation of a com-mon or contract motor carrier; and

(D) Used within 150 miles of the farmer’sfarm.

(b) Operate any vehicle described in par-agraph (a) of this subsection that is trans-porting hazardous materials if the vehicle isplacarded in accordance with law.

(c) Operate any vehicle described in par-agraph (a) of this subsection that is a tankvehicle without holding a tank vehicleendorsement. [1989 c.636 §13; 1991 c.185 §3; 1993 c.288§1; 2003 c.14 §470; 2005 c.649 §1; 2007 c.122 §8; 2013 c.237§37; 2017 c.190 §3]

807.036 Exceptions to endorsement re-quirement for tow vehicle operator. Not-withstanding any other provision of law, theoperator of a tow vehicle is not required tohave an endorsement for towing a disabledvehicle that can be operated only by a personwith an endorsement if the towing operationis the first move of the disabled vehicle andis performed as an emergency service or ifthe move is a subsequent move of an emptyvehicle that requires a passenger endorse-ment or a school bus endorsement for opera-tion. [1989 c.636 §13a; 1991 c.185 §4; 2003 c.14 §471; 2005c.649 §4]

807.038 School bus endorsement ex-ception. Notwithstanding any other pro-vision of law, a school bus manufacturer,school bus dealer or school bus mechanic isnot required to have a school bus endorse-ment while operating a school bus that is nottransporting students. [2007 c.122 §2]

807.040 Requirements for issuance;rules; fees. (1) The Department of Transpor-tation shall issue a driver license to anyperson who complies with all of the followingrequirements:

(a) The person must complete an applica-tion for a license under ORS 807.050.

(b) As required by ORS 807.021 and807.730, the person must provide the SocialSecurity number assigned to the person bythe United States Social Security Adminis-tration and proof of legal presence in theUnited States or, if the person is not eligiblefor a Social Security number, proof of legalpresence in the United States and proof thatthe person is not eligible for a Social Secu-rity number.

(c) The person must submit to collectionof biometric data by the department that es-

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tablish the identity of the person as de-scribed in ORS 807.024.

(d) The person must not be ineligible forthe license under ORS 807.060 and must beeligible for the license under ORS 807.062.

(e) The person must successfully pass allexamination requirements under ORS 807.070for the class of license sought.

(f) The person must pay the appropriatelicense fee under ORS 807.370 for the classof license sought.

(g) The person must pay the StudentDriver Training Fund eligibility fee.

(h) If the application is for a commercialdriver license, the person must be the holderof a Class C license or any higher class oflicense.

(i) If the application is for a commercialdriver license, the department must have re-ceived and recorded, in a form approved bythe department, the report of a medical ex-amination that establishes that the personmeets the medical requirements to operate acommercial motor vehicle. The department,by rule, shall establish medical requirementsfor purposes of this paragraph. The medicalrequirements established under this para-graph may include any requirements the de-partment determines are necessary for thesafe operation of vehicles permitted to beoperated under the class of license for whichthe requirements are established.

(j) If the application is for a commercialdriver license, the person must:

(A) Have at least one year’s driving ex-perience, including relevant experience ob-tained in the military;

(B) Not be subject to a lifetime suspen-sion of commercial driving privileges underORS 809.520;

(C) Not be otherwise ineligible to hold acommercial driver license;

(D) Hold a commercial learner driverpermit if the person must complete a skillsdemonstration under ORS 807.070 (3); and

(E) In addition to meeting the require-ment of providing proof of legal presenceunder ORS 807.021 and this section, the per-son must submit valid documentation, as de-fined by the department by rule, that theperson is a citizen or permanent legal resi-dent of the United States or is a citizen of acountry with a Compact of Free Associationwith the United States.

(k) The person must present acceptabledocuments to prove identity, date of birthand address. The department shall determineby rule which documents are acceptable toprove identity, date of birth and address.

(L) If the application is for a Real ID, theperson must comply with the requirementsunder the vehicle code for issuance of RealIDs.

(2) Subsection (1)(j)(E) of this sectiondoes not apply to a limited term commercialdriver license or a limited term commerciallearner driver permit issued under ORS807.730.

(3) The department shall work with otheragencies and organizations to attempt to im-prove the issuance system for driver licenses.[1983 c.338 §301; 1985 c.16 §124; 1985 c.182 §2; 1985 c.608§14a; 1989 c.636 §16; 1991 c.709 §1; 1993 c.751 §34; 2001c.668 §8; 2005 c.22 §515; 2005 c.649 §15; 2005 c.775 §6; 2008c.1 §§9,10; 2011 c.282 §2; 2012 c.43 §30; 2013 c.237 §38; 2017c.190 §5; 2017 c.306 §4; 2017 c.568 §14]

Note 1: The amendments to 807.040 by section 14,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.040. (1) The Department of Transportation shallissue a driver license to any person who complies withall of the following requirements:

(a) The person must complete an application for alicense under ORS 807.050.

(b) As required by ORS 807.021 and 807.730, theperson must provide the Social Security number as-signed to the person by the United States Social Secu-rity Administration and proof of legal presence in theUnited States or, if the person is not eligible for a So-cial Security number, proof of legal presence in theUnited States and proof that the person is not eligiblefor a Social Security number.

(c) The person must submit to collection ofbiometric data by the department that establish theidentity of the person as described in ORS 807.024.

(d) The person must not be ineligible for the licenseunder ORS 807.060 and must be eligible for the licenseunder ORS 807.062.

(e) The person must successfully pass all examina-tion requirements under ORS 807.070 for the class of li-cense sought.

(f) The person must pay the appropriate license feeunder ORS 807.370 for the class of license sought.

(g) The person must pay the Student Driver Train-ing Fund eligibility fee.

(h) If the application is for a commercial driver li-cense, the person must be the holder of a Class C li-cense or any higher class of license.

(i) If the application is for a commercial driver li-cense, the department must have received and recorded,in a form approved by the department, the report of amedical examination that establishes that the personmeets the medical requirements to operate a commercialmotor vehicle. The department, by rule, shall establishmedical requirements for purposes of this paragraph.The medical requirements established under this para-graph may include any requirements the departmentdetermines are necessary for the safe operation of vehi-cles permitted to be operated under the class of licensefor which the requirements are established.

(j) If the application is for a commercial driver li-cense, the person must:

(A) Have at least one year’s driving experience,including relevant experience obtained in the military;

(B) Not be subject to a lifetime suspension of com-mercial driving privileges under ORS 809.520;

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(C) Not be otherwise ineligible to hold a commer-cial driver license;

(D) Hold a commercial learner driver permit if theperson must complete a skills demonstration under ORS807.070 (3); and

(E) In addition to meeting the requirement of pro-viding proof of legal presence under ORS 807.021 andthis section, the person must submit valid documenta-tion, as defined by the department by rule, that theperson is a citizen or permanent legal resident of theUnited States or is a citizen of a country with a Com-pact of Free Association with the United States.

(2) Subsection (1)(j)(E) of this section does not ap-ply to a limited term commercial driver license or alimited term commercial learner driver permit issuedunder ORS 807.730.

(3) The department shall work with other agenciesand organizations to attempt to improve the issuancesystem for driver licenses.

Note 2: The amendments to 807.040 by section 4,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.040. (1) The Department of Transportation shallissue a driver license to any person who complies withall of the following requirements:

(a) The person must complete an application for alicense under ORS 807.050.

(b)(A) As required by ORS 807.021, a person apply-ing for a driver license or driver permit must providethe Social Security number assigned to the person bythe United States Social Security Administration or awritten statement that the person has not been assigneda Social Security number.

(B) As used in this paragraph, a “driver license”or “driver permit” means a driver license or driverpermit that is not a:

(i) Real ID;(ii) Commercial driver license; or(iii) Commercial learner driver permit.(c) The person must submit to collection of

biometric data by the department that establish theidentity of the person as described in ORS 807.024.

(d) The person must not be ineligible for the licenseunder ORS 807.060 and must be eligible for the licenseunder ORS 807.062.

(e) The person must successfully pass all examina-tion requirements under ORS 807.070 for the class of li-cense sought.

(f) The person must pay the appropriate license feeunder ORS 807.370 for the class of license sought.

(g) The person must pay the Student Driver Train-ing Fund eligibility fee.

(h) If the application is for a commercial driver li-cense, the person must be the holder of a Class C li-cense or any higher class of license.

(i) If the application is for a commercial driver li-cense, the department must have received and recorded,in a form approved by the department, the report of amedical examination that establishes that the personmeets the medical requirements to operate a commercialmotor vehicle. The department, by rule, shall establishmedical requirements for purposes of this paragraph.The medical requirements established under this para-graph may include any requirements the departmentdetermines are necessary for the safe operation of vehi-

cles permitted to be operated under the class of licensefor which the requirements are established.

(j) If the application is for a Real ID commercialdriver license or a commercial driver license that is nota Real ID, the person must:

(A) Have at least one year’s driving experience,including relevant experience obtained in the military;

(B) Not be subject to a lifetime suspension of com-mercial driving privileges under ORS 809.520;

(C) Not be otherwise ineligible to hold a commer-cial driver license;

(D) Hold a commercial learner driver permit if theperson must complete a skills demonstration under ORS807.070 (3);

(E) Submit valid documentation, as defined by thedepartment by rule, that the person is a citizen or law-ful permanent resident of the United States or is a cit-izen of a country with a Compact of Free Associationwith the United States; and

(F) Provide the Social Security number assigned tothe person by the United States Social Security Admin-istration for verification by the department with theadministration.

(k) The person must present acceptable documentsto prove identity, date of birth and address. The de-partment shall determine by rule which documents areacceptable to prove identity, date of birth and address.

(L) If the application is for a Real ID, the personmust comply with the requirements under the vehiclecode for issuance of Real IDs.

(2) Except as provided in subsection (3) of thissection, acceptable documents to prove identity, date ofbirth or address under subsection (1)(k) of this sectionwhen a person is applying for a driver license, driverpermit or identification card that is not a Real ID, acommercial driver license, or a commercial learnerdriver permit, include but are not limited to the follow-ing:

(a) An unexpired valid passport from the person’scountry of citizenship;

(b) An unexpired valid consular identification doc-ument issued by the consulate of the person’s countryof citizenship, if the department determines that theprocedure used in issuing the consular identificationdocument is sufficient to prove the person’s identity;

(c) A driver license, driver permit or identificationcard issued by this state that expired not more than 13years from the date of the current application; or

(d) A driver license, driver permit or identificationcard issued by another state that:

(A) Is unexpired; or(B) Expired not more than one year from the date

of the current application.(3) The department may refuse to accept any docu-

ment described in subsection (2) of this section that ispresented as proof of identity, date of birth or address,if the department has reason to believe that:

(a) The document is fraudulent, has been alteredor does not belong to the person presenting the docu-ment; or

(b) The procedures used by the agency that issuedthe document are no longer sufficient for proving aperson’s identity or date of birth.

(4) Subsection (1)(j)(E) of this section does not ap-ply to a limited term commercial driver license or alimited term commercial learner driver permit issuedunder ORS 807.730.

(5) The department shall work with other agenciesand organizations to attempt to improve the issuancesystem for driver licenses.

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807.045 Issuance of commercial licenseto person who holds out-of-state com-mercial license. (1) In order to be author-ized to drive a commercial motor vehicle inthis state, a person who holds a commercialdriver license issued by a jurisdiction otherthan Oregon must, within 30 days of becom-ing domiciled in Oregon:

(a) Apply to the Department of Transpor-tation for an Oregon commercial driver li-cense;

(b) Certify to the department that theperson’s current commercial driver license isnot subject to any disqualification, suspen-sion, revocation or cancellation and that theperson does not have a commercial driver li-cense from more than one jurisdiction; and

(c) Surrender any commercial driver li-cense issued to the person by another juris-diction.

(2) The department shall issue a com-mercial driver license to a person who com-plies with subsection (1) of this section if thedepartment determines that the person is allof the following:

(a) Eligible for a commercial driver li-cense. In order to determine eligibility underthis paragraph, the department may requirefrom the person any additional informationthat the department determines necessaryand may require the person to pass any ex-aminations, tests or demonstrations that thedepartment determines necessary.

(b) Not subject to a lifetime suspensionof commercial driving privileges under ORS809.520.

(c) Not otherwise ineligible for a com-mercial driver license.

(3) For purposes of this section, a personis domiciled in this state if the person meetsthe criteria described in ORS 803.355. [1989c.636 §14; 2005 c.649 §16; 2013 c.237 §39]

807.050 Application; proof of address;rules. An application for a driver licenseshall be in a form approved by the Depart-ment of Transportation. An application mustcontain all the following:

(1) The applicant’s full legal name, sex,date of birth, residence address, except asotherwise provided for corrections officers inORS 802.253, eligible employees in ORS802.250 or Address Confidentiality Programparticipants in ORS 192.846, and post-officeaddress other than general delivery. The de-partment may provide by rule for acceptanceof something other than an actual residenceor post-office address if the department de-termines that the applicant does not have anactual address. The department shall requireproof to verify the address in addition to an-ything else the department may require of

the applicant. The department shall adoptrules to identify what constitutes proof ofaddress for purposes of this subsection. Proofof address may include, but is not limited to,providing a utility bill, a tax return, a recordfrom a financial institution, a proof of insur-ance card or a health benefits card, a selec-tive service card, a mortgage document or alease agreement. The applicant may providethe proof of address by submitting proof inthe form of an original document or a copyof a document, use an electronic device todisplay proof of address, or provide proofthrough the use of a third party address ver-ification system.

(2) The class of driver license sought.(3) The Social Security number of the

applicant or other number or identifying in-formation determined appropriate by theSecretary of the United States Departmentof Transportation, if the application is for acommercial driver license or a commerciallearner driver permit or if the Oregon De-partment of Transportation by rule requiresthe Social Security number on the applica-tion.

(4) Whether or not the applicant wantsto make an anatomical gift, as defined inORS 97.953.

(5) Any other information the departmentdeems necessary to assist the department indetermining whether the applicant is quali-fied or eligible to be licensed.

(6) The signature of the applicant. [1983c.338 §302; 1985 c.16 §125; 1985 c.563 §5; 1985 c.597 §7;1985 c.608 §15; 1989 c.636 §17; 1991 c.67 §216; 1991 c.523§5; 1993 c.751 §35; 2005 c.292 §6; 2007 c.542 §7; 2008 c.1§11; 2011 c.86 §1; 2013 c.237 §40; 2015 c.716 §§6,7; 2017c.306 §2; 2017 c.568 §15]

Note: The amendments to 807.050 by section 15,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.050. An application for a license shall be in aform approved by the Oregon Department of Transpor-tation. An application must contain all the following:

(1) The applicant’s full legal name, age, sex, resi-dence address, except as otherwise provided for correc-tions officers in ORS 802.253, eligible employees in ORS802.250 or Address Confidentiality Program participantsin ORS 192.846, and post-office address other than gen-eral delivery. The department may provide by rule foracceptance of something other than an actual residenceor post-office address if the department determines thatthe applicant does not have an actual address. The de-partment shall require proof to verify the address inaddition to anything else the department may requireof the applicant. The department shall adopt rules toidentify what constitutes proof of address for purposesof this subsection. Verification of proof of address mayinclude, but is not limited to, providing a utility bill, atax return, a record from a financial institution, a proofof insurance card or a health benefits card, a selectiveservice card, a mortgage document or a lease agree-ment. The applicant may provide the proof of addressby submitting proof in the form of an original documentor a copy of a document, use an electronic device to

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display proof of address, or provide proof through theuse of a third party address verification system.

(2) The class of license sought.(3) The Social Security number of the applicant or

other number or identifying information determined ap-propriate by the Secretary of the United States Depart-ment of Transportation, if the application is for acommercial driver license or a commercial learnerdriver permit or if the Oregon Department of Transpor-tation by rule requires the Social Security number onthe application.

(4) Whether or not the applicant wants to make ananatomical gift, as defined in ORS 97.953.

(5) Any other information the department deemsnecessary to assist the department in determiningwhether the applicant is qualified or eligible to be li-censed.

807.060 Eligibility. The Department ofTransportation may not grant driving privi-leges to a person under a license if the per-son is not eligible under this section. Thefollowing 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 ap-plication of the person is signed by theperson’s mother, father or legal guardian. Aperson who signs an application under thisparagraph may have the driving privilegescanceled as provided under ORS 809.320.

(b) A person under 18 years of age whodoes not meet the requirements of ORS807.065.

(3) Notwithstanding subsection (2) of thissection, a person under 18 years of age is noteligible for a commercial driver license.

(4) A person the department determineshas a problem condition involving alcohol,cannabis, controlled substances or inhalantsas described under ORS 813.040.

(5) A person the department reasonablybelieves has a mental or physical conditionor impairment that affects the person’s abil-ity to safely operate a motor vehicle uponthe highways.

(6) A person the department reasonablybelieves is unable to understand highwaysigns that warn, regulate or direct traffic.

(7) A person who is required to make fu-ture responsibility filings but has not madefilings as required.

(8) A person who cannot be issued a li-cense under the Driver License Compact un-der ORS 802.540.

(9) A person who is not subject to theDriver License Compact under ORS 802.540but whose driving privileges are currentlyunder suspension or revocation in any otherstate upon grounds which, if committed inthis state, would be grounds for the suspen-sion or revocation of the driving privilegesof the person.

(10) A person who has been declared ahabitual offender under ORS 809.640. A per-son declared not eligible to be licensed underthis subsection may become eligible by hav-ing eligibility restored under ORS 809.640.

(11) A person whose driving privilegesare canceled in this state under ORS 809.310until the person is eligible under ORS809.310.

(12) A person while the person’s drivingprivileges are revoked in this state.

(13) A person during a period when theperson’s driving privileges are suspended inthis state.

(14) A person who holds a current out-of-state license or driver permit or a validOregon license or driver permit. A personwho is not eligible under this subsection maybecome eligible by surrendering the license,driver permit or out-of-state license or driverpermit to the department before issuance ofthe license. Nothing in this subsection au-thorizes a person to continue to operate amotor vehicle on the basis of an out-of-statelicense or permit if the person is required byORS 807.062 to obtain an Oregon license orpermit.

(15) A person who has not complied withthe requirements and responsibilities createdby citation for or conviction of a traffic of-fense in another jurisdiction if an agreementunder ORS 802.530 authorizes the departmentto withhold issuance of a license.

(16) A person who has not complied withthe requirement of ORS 813.022 (1). [1983 c.338§303; 1985 c.16 §126; 1985 c.396 §7; 1985 c.597 §8; 1985c.608 §16; 1985 c.669 §8; 1987 c.137 §2; 1989 c.224 §137;1989 c.636 §18; 1989 c.715 §5; 1991 c.702 §22; 1991 c.802§1; 1993 c.751 §36; 1999 c.328 §5; 1999 c.619 §5; 2001 c.176§3; 2005 c.140 §1; 2005 c.143 §1; 2012 c.9 §§4,5; 2013 c.233§§2,3; 2017 c.21 §75]

807.062 Domicile or residency require-ment for driver license. (1) Unless other-wise specifically provided by law, in order tobe eligible for a driver license or permit is-sued by this state a person must be domiciledin or resident of this state.

(2) Unless otherwise specifically providedby law, a person who is a resident of thisstate may not operate a motor vehicle in thisstate unless the person receives a driver li-cense or permit from the Department ofTransportation.

(3) For purposes of this section,“domicile” has the meaning given in ORS803.355.

(4) For purposes of this section, a personis a resident of this state if the person en-gages in any gainful employment in this stateor takes any action to indicate the acquiringof residence in this state. Action to acquire

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residence includes, but is not limited to, do-ing any of the following:

(a) Remaining in this state for a consec-utive period of six months or more regardlessof the domicile of the person.

(b) Placing children in a public schoolwithout payment of nonresident tuition fees.

(c) Making a declaration to be a residentof this state for the purpose of obtaining, atresident rates, a state license or tuition feesat an educational institution maintained bypublic funds.

(5) Notwithstanding subsection (4) of thissection, a person who is gainfully employedin this state shall not be considered a resi-dent of the state if the person has taken noother steps to become a resident. This sec-tion applies, but is not limited to, a studentat an educational institution maintained bypublic funds who is paying nonresident tui-tion rates. [1993 c.751 §33]

807.065 Additional eligibility require-ments for persons under 18 years of age;provisional driver license. (1) The Depart-ment of Transportation may not issue adriver license to a person who is under 18years of age unless the person:

(a) Complies with the requirements ofORS 807.040 and 807.066;

(b) Passes an examination designed totest the person’s knowledge and understand-ing of safe driving practices, in addition toany examination required under ORS 807.070;

(c) Has had, for at least six months priorto application for the license, an instructiondriver permit issued under ORS 807.280 orthe equivalent of an instruction driver per-mit issued by another state of the UnitedStates or by the District of Columbia;

(d) Certifies to the department that theperson has had at least 50 hours of drivingexperience during which the person wassupervised by a person at least 21 years ofage who has had a valid driver license for atleast three years; and

(e) Completes a traffic safety educationcourse that meets standards developed by thedepartment under ORS 336.802. In lieu ofcompletion of a traffic safety educationcourse, a person may certify to the depart-ment that the person has had at least 50hours of driving experience during which theperson was supervised by a person at least21 years of age who has had a valid driverlicense for at least three years, in additionto the 50 hours required by paragraph (d) ofthis subsection.

(2) A person under 18 years of age neednot comply with the requirements of subsec-tion (1)(c), (d) and (e) of this section if the

person has been issued a driver license byanother state and surrenders that license inorder to get an Oregon license.

(3) If the person takes but does not passa test that consists of an actual demon-stration of driving ability under ORS 807.070,the department may not allow the person toperform the demonstration again until theperson has had an instruction permit issuedpursuant to ORS 807.280 for a period of notless than one month.

(4) A driver license issued pursuant tothis section shall be a provisional driver li-cense.

(5) The department shall prominentlyidentify each driver license issued pursuantto this section as a provisional driver license.[1989 c.715 §2; 1993 c.751 §37; 1999 c.328 §1; 1999 c.789§5; 2001 c.176 §4; 2003 c.92 §1]

807.066 School requirements for per-sons under 18 years of age. (1) Subject tosubsection (2) of this section, the Departmentof Transportation may not issue drivingprivileges to a person who is under 18 yearsof age unless:

(a) The person has graduated from highschool and provides the department withproof of graduation satisfactory to the de-partment;

(b) The person has received a certificatefor passing an approved high school equiv-alency test, such as the General EducationalDevelopment (GED) test, from a communitycollege and provides the department withproof of the certificate satisfactory to thedepartment; or

(c) The person’s parent or legal guardiancertifies that the person is:

(A) Enrolled in a school of this state, orany other state or any other country;

(B) Enrolled in a community college andmaking satisfactory progress toward a certif-icate for passing an approved high schoolequivalency test, such as the General Edu-cational Development (GED) test, a highschool diploma or a modified diploma;

(C) Being taught by a private teacher,legal guardian or parent in compliance withORS 339.035;

(D) Exempted from school attendance re-quirements due to circumstances beyond thecontrol of the person; or

(E) Exempt under ORS 339.030 (2) fromthe requirement to attend school.

(2) The department may not issue drivingprivileges to a person who is under 18 yearsof age and whose driving privileges are sus-pended under ORS 809.423 (2) for withdraw-ing from school unless the person:

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(a) Has graduated from high school andprovides the department with proof of gradu-ation satisfactory to the department;

(b) Has received a certificate for passingan approved high school equivalency test,such as the General Educational Develop-ment (GED) test, from a community collegeand provides the department with proof ofthe certificate satisfactory to the department;

(c) Provides the department with a formprovided by the department and signed bythe principal, or the designee of the princi-pal, of the school attended by the person thatdeclares that the person is enrolled in aschool of this state, or any other state or anyother country;

(d) Provides the department with a formprovided by the department and signed bythe authorized representative of the commu-nity college attended by the person that de-clares that the person is making satisfactoryprogress toward a certificate for passing anapproved high school equivalency test suchas the General Educational Development(GED) test;

(e) Provides the department with a formprovided by the department and signed bythe authorized representative of the commu-nity college attended by the person that de-clares that the person is making satisfactoryprogress toward a high school diploma or amodified diploma;

(f) Provides the department with a formprovided by the department and signed bythe authorized representative of the educa-tion service district or school district havingjurisdiction over the area of the person’sresidence that declares that the person isbeing taught by a private teacher, legalguardian or parent in compliance with ORS339.035;

(g) Provides the department with doc-umentation satisfactory to the departmentthat indicates that the person is exemptedfrom school attendance requirements due tocircumstances beyond the control of the per-son; or

(h) Provides the department with doc-umentation satisfactory to the departmentthat the person is exempt under ORS 339.030(2) from the requirement to attend school.[1999 c.789 §2; 2015 c.716 §2; 2017 c.66 §30; 2017 c.701 §24;2017 c.726 §15]

Note: 809.423 was repealed by section 17, chapter76, Oregon Laws 2018. The text of 807.066 was notamended by enactment of the Legislative Assembly toreflect the repeal. Editorial adjustment of 807.066 for therepeal of 809.423 has not been made.

807.070 Examinations. The Departmentof Transportation shall administer an exam-ination to establish qualification for eachclass of license and endorsement. The exam-

ination for each class of license or endorse-ment must include all of the following asdescribed:

(1) A test of the applicant’s eyesight. Thissubsection does not apply to an applicantwith a limited vision condition as defined inORS 807.355.

(2) A test of the applicant’s knowledgeand understanding of the traffic laws of thisstate, safe driving practices and factors thatcause accidents. The following all apply tothe test under this subsection:

(a) The test may not cover any subjectthat is not presented in the publications ofthe department intended for the instructionof applicants for licenses and driver permits.

(b) The test for each class of license andendorsement must include, but is not limitedto, a test of knowledge and understanding oftraffic laws that relate specifically to thetype of driving privileges granted under thespecific class of license or endorsementsought.

(c) The test must include, but is not lim-ited 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 emer-

gency situations.(D) Vehicle safety equipment and its use.(E) Practices necessary for safe operation

of a vehicle around pedestrians andbicyclists.

(F) Practices necessary for safe operationof a vehicle around motorcyclists.

(d) The test must include at least twoquestions pertaining to the practices neces-sary for safe operation of a vehicle aroundmotorcyclists.

(e) The test may include a question re-garding fuel efficient driving techniques.

(f) The department may waive the testunder circumstances described in ORS807.072.

(3) A test that is an actual demonstrationof the applicant’s ability to operate a motorvehicle without endangering the safety ofpersons or property. The following apply tothis subsection:

(a) The actual demonstration for eachclass of license shall be performed in a vehi-cle that may be operated under the class oflicense sought, but that may not be operatedunder lower classes of license.

(b) An actual demonstration for a pas-senger endorsement shall be performed in avehicle that may be operated under theendorsement.

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(c) An actual demonstration for a schoolbus endorsement shall be performed in aschool bus.

(d) An actual demonstration required fora commercial driver license may be per-formed by a person only if the person hasheld for at least 14 days a commerciallearner driver permit that was issued by thedepartment or by another jurisdiction thatauthorizes operation of the vehicle used fortesting.

(e) The department may waive the dem-onstration under circumstances described inORS 807.072.

(4) Any other examination or test, in-cluding demonstrations, that the departmentdetermines may be necessary to assist thedepartment in establishing whether the ap-plicant is eligible for a license under ORS807.060 or whether the applicant is fit to op-erate a motor vehicle safely on the highwaysof this state. In any examination or test un-der this subsection, the department shallonly conduct an investigation for facts relat-ing directly to the ability of the applicant tooperate a motor vehicle safely or other factsthat are specifically required to show thefitness of the applicant for license. [1983 c.338§304; 1985 c.608 §17; 1989 c.636 §19; 1993 c.309 §1; 1997c.83 §2; 1999 c.1051 §87; 2001 c.410 §1; 2003 c.14 §472; 2003c.277 §§6,10; 2005 c.649 §§5,6; 2007 c.70 §§326,327; 2007c.588 §3; 2007 c.677 §§1,2; 2009 c.810 §1; 2013 c.237 §41;2017 c.190 §4]

807.072 Waiver of certain examina-tions, tests and demonstrations; rules. (1)The Department of Transportation, by rule,may waive any examination, test or demon-stration required under ORS 807.065 (1)(b) or807.070 (2) or (3) if the department receivessatisfactory proof that the person required totake the examination, test or demonstrationhas passed an examination, test or demon-stration approved by the department that:

(a) Is given in conjunction with a trafficsafety education course certified by the de-partment under ORS 336.802;

(b) Is given in conjunction with a motor-cycle rider education course established un-der ORS 802.320;

(c) Is given in conjunction with a courseconducted by a commercial driver trainingschool certified by the department underORS 822.515; or

(d) Is given in conjunction with an appli-cation for a special limited vision conditionlearner’s permit under ORS 807.359.

(2) The department, by rule, may waivethe actual demonstration required underORS 807.070 (3) for a person who is applyingfor a commercial driver license or a Class Clicense if the person holds a valid out-of-statelicense or applies for an Oregon license

within one year of the expiration of a validout-of-state license. A demonstration may bewaived under this subsection only if the per-son has applied for the same driving privi-leges as those granted under the person’sout-of-state license or for privileges grantedby a lower class of license.

(3) The department may waive the actualdemonstration required under ORS 807.070for a person who is applying for a commer-cial driver license, an endorsement related toa commercial driver license or the removalof a restriction from a commercial driver li-cense:

(a) If the person has been certified, asdefined by rule, under ORS 807.080 or a sim-ilar statute of another jurisdiction as compe-tent to safely exercise the driving privilegesgranted by a Class A commercial driver li-cense, a Class B commercial driver licenseor a Class C commercial driver license; or

(b) Under circumstances, established bythe department by rule, that establish theperson’s ability to drive without an actualdemonstration.

(4) The department may issue a Class Afarm endorsement without requiring addi-tional tests to a person who has a Class Cdriver license if a farm employer or a self-employed farmer certifies to the departmentthat the person is experienced in driving avehicle that may be driven only by personswho have a Class A commercial driver li-cense and the person’s two-part driving re-cord does not show either a traffic accidentwithin two years of the date of applicationfor the endorsement or a conviction for oneof the following traffic crimes within fiveyears of the date of application for theendorsement:

(a) Reckless driving, as defined in ORS811.140.

(b) Driving while under the influence ofintoxicants, as defined in ORS 813.010.

(c) Failure to perform the duties of adriver involved in a collision, as described inORS 811.700 or 811.705.

(d) Criminal driving while suspended orrevoked, as defined in ORS 811.182.

(e) Fleeing or attempting to elude a po-lice officer, as defined in ORS 811.540.

(5) The department may issue a Class Bfarm endorsement without requiring addi-tional tests to a person who has a Class Cdriver license if a farm employer or a self-employed farmer certifies to the departmentthat the person is experienced in driving avehicle that may be driven only by personswho have a Class B commercial driver li-cense and the person’s two-part driving re-cord does not show either a conviction for a

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traffic crime specified in subsection (4) ofthis section within five years of the date ofapplication for the endorsement or a trafficaccident within two years of the date of ap-plication for the endorsement.

(6) The department by rule may establishother circumstances under which a farmendorsement may be issued without an ac-tual demonstration. The authority granted bythis subsection includes, but is not limitedto, authority to adopt rules specifying cir-cumstances under which the endorsementmay be granted to a person despite the ap-pearance of traffic accidents on the person’srecord.

(7) The department by rule may waivethe test required under ORS 807.070 (2) fora person who applies for a motorcycleendorsement if the person:

(a) Holds a valid out-of-state driver li-cense that authorizes the person to operatea motorcycle; or

(b) Applies for a motorcycle endorsementwithin one year after the expiration date ofa valid out-of-state driver license that autho-rizes the person to operate a motorcycle.

(8) The department by rule may waivethe actual demonstration required underORS 807.070 (3) for a person who is applyingfor a restricted motorcycle endorsement thatonly authorizes the person to operate a mo-torcycle with more than two wheels. [2001c.410 §3; 2003 c.14 §473; 2003 c.277 §§7,11; 2005 c.649 §§7,8;2007 c.588 §4; 2015 c.716 §5; 2017 c.190 §12; 2017 c.306 §1;2018 c.22 §6]

807.080 Driver competency testingcertificates; waiver of demonstration testfor persons certified; rules; fees. (1) TheDepartment of Transportation, by rule, shallprovide for the following in a manner con-sistent with this section:

(a) The issuance of driver competencytesting certificates.

(b) The regulation of persons issueddriver competency testing certificates.

(2) A person issued a driver competencytesting certificate under this section maycertify, in a manner established by the de-partment, the competency of drivers to safelyexercise driving privileges granted only un-der one or more of the following:

(a) A Class A commercial driver license.(b) A Class B commercial driver license.(c) A Class C commercial driver license.(d) An endorsement related to a commer-

cial driver license.(3) The department may waive an actual

demonstration of ability to operate a motorvehicle under ORS 807.070 for an applicantwho is certified by the holder of a drivercompetency testing certificate as competent

to exercise the driving privileges in the classof license or in the endorsement sought bythe applicant.

(4) The rules adopted by the departmentunder this section may establish reasonablefees for the issuance of a certificate or aspart of any program of regulating certificateholders that is established by the depart-ment.

(5) When adopting rules under this sec-tion, the department may:

(a) Make the certificate renewable uponany basis determined convenient by the de-partment and may include provisions forcancellation, revocation or suspension ofcertificates or for probation of certificateholders.

(b) Provide for the issuance of certifica-tions allowing the holder to certify compe-tency in several classes or types of drivingprivileges or limiting the classes or types ofdriving privileges for which the holder maycertify competency.

(c) Establish the forms of certificates tobe issued.

(d) Establish and require forms that areto be used by certificate holders in certifyingcompetency.

(e) Establish any qualifications or re-quirements for obtaining a certificate thatthe department determines necessary to pro-tect the interests of persons seeking certi-fication by certificate holders.

(f) Issue certificates to publicly ownedand operated educational facilities to allowprograms for certification of competency.

(g) Issue certificates to employers to al-low the employers to establish programs pri-marily for the certification of employees’competency. The department may providethat programs established under this para-graph may be operated without driver train-ing school certificates under ORS 822.500and without driver training instructor certif-icates under ORS 822.525.

(h) Establish any other provisions or re-quirements necessary to carry out the pur-poses of this section. [1985 c.608 §36; 1989 c.636§20; 2005 c.649 §9]

807.090 Establishing eligibility not-withstanding mental or physical condi-tion or impairment. (1) If the Departmentof Transportation determines that a personmay be ineligible for a license because theperson has a mental or physical condition orimpairment that affects the person’s abilityto safely operate a motor vehicle, the personmay establish eligibility for a license:

(a) By personally demonstrating to thesatisfaction of the department that, notwith-standing the mental or physical condition or

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impairment, the person is qualified to safelyoperate a motor vehicle; or

(b) If the department reasonably believesthat, notwithstanding the demonstration un-der paragraph (a) of this subsection, theperson’s mental or physical condition or im-pairment affects the person’s ability to safelyoperate a motor vehicle, by receiving a de-termination of eligibility from the medicaldetermination officer of the department un-der this section.

(2) The medical determination officershall determine that a person is eligible fora license under this section if an applicantestablishes to the satisfaction of the officerthat the person’s mental or physical condi-tion or impairment does not affect theperson’s ability to safely operate a motor ve-hicle. The medical determination officer shalluse the following to determine the person’seligibility under this subsection:

(a) A report from the person’s physician,nurse practitioner or physician assistant ofthe person’s condition or impairment.

(b) If the person’s condition or impair-ment apparently involves only visual defi-ciencies, the department may require aperson to submit a report from a licensedoptometrist or a licensed physician who spe-cializes in diagnosis and treatment of dis-eases of the eye.

(c) The medical determination officermay require an examination and a writtenreport of findings and recommendations froma qualified physician, nurse practitioner orphysician assistant identified by the officerin addition to other reports submitted.

(3) If a person establishes eligibility fora license under this section by receiving adetermination of eligibility, the departmentmay require the person to reestablish eligi-bility at reasonable intervals. The frequencyof reestablishing eligibility under this sub-section shall be established by the medicaldetermination officer after reviewing anyrecommendations from the physician, nursepractitioner or physician assistant of theperson required to reestablish eligibility.

(4) The department may employ anyqualified physician, nurse practitioner orphysician assistant who holds an unre-stricted license in the State of Oregon toperform the duties assigned to the medicaldetermination officer by this section.

(5) As used in this section, “physician”means a person who holds a degree of Doctorof Medicine or Doctor of Osteopathic Medi-cine and is licensed under ORS 677.100 to677.228 and a person who holds a degree ofDoctor of Naturopathic Medicine and is li-

censed under ORS chapter 685. [1983 c.338 §305;1989 c.224 §138; 1993 c.309 §2; 1999 c.770 §1; 2005 c.140§2; 2007 c.195 §1; 2007 c.434 §2; 2017 c.409 §40]

807.100 Proof of medical qualification;rules. (1) The Department of Transportationmay not issue or renew commercial drivingprivileges and may cancel commercial driv-ing privileges for a person if the departmenthas not received and recorded, in the formapproved by the department, proof of theperson’s medical qualification to operate acommercial motor vehicle by the date speci-fied by the department.

(2) A person is entitled to administrativereview under ORS 809.440 when the depart-ment does not issue or renew commercialdriving privileges under this section or can-cels commercial driving privileges under thissection.

(3) The department shall adopt rules tocarry out the provisions of this section. [1985c.608 §8a; 1989 c.636 §21; 2011 c.470 §2; 2013 c.237 §42;2015 c.138 §§43,44; 2017 c.190 §6]

807.110 Contents of license; rules. (1)A driver license issued by the Department ofTransportation shall contain all of the fol-lowing:

(a) The distinguishing number assignedto the person issued the driver license by thedepartment.

(b) For the purpose of identification, abrief description of the person to whom thedriver license is issued.

(c) The full legal name of the person towhom the driver license is issued, exceptthat the department may limit the numberof characters displayed on the driver license.

(d) The date of birth and sex of the per-son to whom the driver license is issued.

(e) Except as provided for corrections of-ficers in ORS 802.253, eligible employees inORS 802.250 or Address Confidentiality Pro-gram participants in ORS 192.846, the resi-dence address of the person to whom thedriver license is issued.

(f) Upon request of the person to whomthe driver license is issued, the fact that theperson is an anatomical donor.

(g) Upon request of the person to whomthe driver license is issued and presentationof proof, as determined by the department,the fact that the person is a veteran, as de-fined in ORS 408.225.

(h) Upon order of the juvenile court, thefact that the person to whom the driver li-cense is issued is an emancipated minor.

(i) Except as otherwise provided in sub-section (2) of this section, a photograph de-scribed in this paragraph. A photographrequired under this paragraph shall:

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(A) Be a full-faced, color photograph ofthe person to whom the driver license is is-sued;

(B) Be of a size approved by the depart-ment; and

(C) Be taken at the time of applicationfor issuance of the driver license whether theapplication is for an original driver license,replacement of a driver license under ORS807.160 or renewal of a driver license underORS 807.150, except that the department, byrule, may allow the applicant to use a pho-tograph already on file with the department.

(j) The class of driver license issued andany endorsements granted.

(k) The signature of the person to whomthe driver license is issued.

(L) If the driver license is not a Real ID,a design differentiating it from a Real ID.

(2) The department may issue a validdriver license, other than a commercialdriver license, without a photograph to anapplicant:

(a) Who objects on religious grounds;(b) Who objects because of the

applicant’s facial disfigurement; or(c) Who is stationed outside of this state

while serving in the active military servicein the Armed Forces of the United States orthe National Guard, and the department doesnot have an acceptable photograph of theapplicant, as determined by the departmentby rule. This paragraph applies to an appli-cant who is renewing or replacing a driverlicense.

(3) A limited term driver license or alimited term commercial driver license issuedunder ORS 807.730 shall indicate:

(a) That it is a limited term driver li-cense; and

(b) The date on which the limited termdriver license expires.

(4) The department shall use securityprocedures, processes and materials in thepreparation, manufacture and issuance ofany driver license that prohibit as nearly aspossible anyone’s ability to alter, counterfeit,duplicate or modify the driver license with-out ready detection. The security featuresused in the production of the driver licensesshall provide for:

(a) The authentication of a genuine doc-ument in a reasonable time; and

(b) The production of the driver licenseonly by equipment that requires verificationof the identity of the operator of the equip-ment before a driver license may beproduced. [1983 c.338 §306; 1985 c.16 §127; 1985 c.563§6; 1985 c.608 §18; 1989 c.636 §22; 1991 c.67 §217; 1991c.523 §6; 1993 c.751 §39; 2003 c.14 §474; 2005 c.292 §7; 2005

c.775 §7; 2007 c.542 §§5,6; 2008 c.1 §§12,13; 2010 c.61 §1;2015 c.455 §1; 2017 c.190 §11; 2017 c.306 §8; 2017 c.568§16a]

Note: The amendments to 807.110 by section 16a,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.110. (1) A license issued by the Department ofTransportation shall contain all of the following:

(a) The distinguishing number assigned to the per-son issued the license by the department.

(b) For the purpose of identification, a brief de-scription of the person to whom the license is issued.

(c) The full legal name of the person to whom thelicense is issued, except that the department may limitthe number of characters displayed on the license.

(d) The date of birth of the person to whom the li-cense is issued.

(e) Except as provided for corrections officers inORS 802.253, eligible employees in ORS 802.250 or Ad-dress Confidentiality Program participants in ORS192.846, the residence address of the person to whom thelicense is issued.

(f) Upon request of the person to whom the licenseis issued, the fact that the person is an anatomical do-nor.

(g) Upon request of the person to whom the licenseis issued and presentation of proof, as determined bythe department, the fact that the person is a veteran,as defined in ORS 408.225.

(h) Upon order of the juvenile court, the fact thatthe person to whom the license is issued is anemancipated minor.

(i) Except as otherwise provided in subsection (2)of this section, a photograph described in this para-graph. A photograph required under this paragraphshall:

(A) Be a full-faced, color photograph of the personto whom the license is issued;

(B) Be of a size approved by the department; and(C) Be taken at the time of application for issuance

of the license whether the application is for an originallicense, replacement of a license under ORS 807.160 orfor renewal of a license under ORS 807.150, except thatthe department, by rule, may allow the applicant to usea photograph already on file with the department.

(j) The class of license issued and any endorse-ments granted.

(k) The signature of the person to whom the licenseis issued.

(2) The department may issue a valid license, otherthan a commercial driver license, without a photographto an applicant:

(a) Who objects on religious grounds;(b) Who objects because of the applicant’s facial

disfigurement; or(c) Who is stationed outside of this state while

serving in the active military service in the ArmedForces of the United States or the National Guard, andthe department does not have an acceptable photographof the applicant, as determined by the department byrule. This paragraph applies to an applicant who is re-newing or replacing a license.

(3) A limited term driver license or a limited termcommercial driver license issued under ORS 807.730shall indicate:

(a) That it is a limited term driver license; and(b) The date on which the limited term driver li-

cense expires.

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(4) The department shall use security procedures,processes and materials in the preparation, manufactureand issuance of any license that prohibit as nearly aspossible anyone’s ability to alter, counterfeit, duplicateor modify the license without ready detection. The se-curity features used in the production of the licensesshall provide for:

(a) The authentication of a genuine document in areasonable time; and

(b) The production of the license only by equipmentthat requires verification of the identity of the operatorof the equipment before a license may be produced.

807.115 Digital images of photographsand signatures. (1) The Department ofTransportation shall retain a digital imageof each photograph and signature shown ona driver license under the provisions of ORS807.110 or an identification card under ORS807.400.

(2) The digital images of photographsmay not be made available to anyone otherthan law enforcement officials and employeesof the department acting in an official ca-pacity. [1989 c.902 §2; 2017 c.568 §17]

Note: The amendments to 807.115 by section 17,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.115. The Department of Transportation shallretain a duplicate image of each photograph used on adriver license under the provisions of ORS 807.110 oran identification card under ORS 807.400. The duplicatesmay not be made available to anyone other than lawenforcement officials and employees of the departmentacting in an official capacity.

807.120 Restrictions generally. (1) TheDepartment of Transportation may place re-strictions on any driving privileges granteda person if the department determines thatthere is good cause to restrict the drivingprivileges of the person in order to ensurethe safe operation of a motor vehicle by theperson.

(2) Restrictions placed on a driver licenseor driver permit by the department underthis section shall be suitable to the drivingability of the person whose driving privilegesare restricted. The restrictions may include:

(a) Restrictions on the type of motor ve-hicle the person may operate;

(b) Requirements for special mechanicalcontrol devices on motor vehicles operatedby the person; or

(c) Any other restrictions the departmentdetermines appropriate to ensure the safeoperation of a motor vehicle by the person.

(3) The department shall place a re-striction on the commercial driver license ofa person who performs the skill demon-stration required under ORS 807.070 for is-suance of a commercial driver license in avehicle that:

(a) Is not equipped with air brakes. Arestriction imposed under this paragraph

prohibits the person from operating commer-cial motor vehicles equipped with servicebrakes that operate fully or partially by airpressure.

(b) Is equipped with air over hydraulicbrakes. Air over hydraulic brakes includesany braking system operating partially by airpressure and partially by hydraulic pressure.A restriction imposed under this paragraphprohibits the person from operating commer-cial motor vehicles equipped with servicebrakes that operate solely by air pressure.

(c) Is equipped with an automatic trans-mission. A restriction imposed under thisparagraph prohibits the person from operat-ing commercial motor vehicles equipped withmanual transmissions.

(d) Uses any connection other than afifth wheel hitch between the power unit anda vehicle towed in combination with thepower unit. A restriction under this para-graph prohibits the person from operating acommercial motor vehicle in combinationwith any other vehicle using a fifth wheelhitch between the power unit and first towedunit.

(4) The department shall place a re-striction on the commercial driver licenseand the commercial learner driver permit ofa person who does not pass an air brakesknowledge test administered under ORS807.070. The restriction shall prohibit theperson from operating a commercial motorvehicle with service brakes that operate fullyor partially by air pressure.

(5) The department may impose re-strictions under this section by setting forththe restrictions on the regular license formor by issuing a special form for licenses withrestrictions.

(6) The department shall place re-strictions on driving privileges under thissection when ordered by a court under ORS809.210 or 809.270. Any restriction imposedunder this subsection shall be made a partof the person’s driving record and shall re-main in effect until the court notifies thedepartment in writing that the restrictionsare removed.

(7) The department may impose re-strictions under this section on driving priv-ileges that are restored after having beensuspended or revoked. The restrictions im-posed under this subsection may include anyrestrictions that have been recommended bya convicting magistrate.

(8) The use of the term “restrictions” inthis section includes any restrictions, condi-tions or requirements.

(9) Violation of any restrictions placed ondriving privileges under this section is pun-

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ishable as provided under ORS 807.010. [1983c.338 §307; 1985 c.16 §128; 1989 c.636 §23; 2013 c.237 §43]

807.122 Restrictions on operation withprovisional driver license. (1) The Depart-ment of Transportation shall place the fol-lowing restrictions on a provisional driverlicense issued under ORS 807.065:

(a) Except as provided in subsections (2)to (4) of this section, for the first six monthsafter issuance of the license, the holder ofthe license may not operate a motor vehiclethat is carrying a passenger under 20 yearsof age who is not a member of the holder’simmediate family. For the second six months,the holder of the license may not operate amotor vehicle that is carrying more thanthree passengers who are under 20 years ofage and who are not members of the holder’simmediate family.

(b) For the first year after issuance of thelicense, the holder of the license may notoperate a motor vehicle between the hoursof 12 midnight and 5 a.m. except when:

(A) The holder is driving between theholder’s home and place of employment;

(B) The holder is driving between theholder’s home and a school event for whichno other transportation is available;

(C) The holder is driving for employmentpurposes; or

(D) The holder is accompanied by a li-censed driver who is at least 25 years of age.

(2) Subsection (1)(a) of this section doesnot apply to the holder of a provisionaldriver license who:

(a) Is employed by a farmer, rancher ororchardist;

(b) Is operating, solely for employmentpurposes, a motor vehicle that is owned bythe employer and for which financial respon-sibility requirements of ORS 806.060 havebeen met;

(c) Is transporting passengers who areemployed by the same employer as the driverand who are being transported solely for em-ployment purposes;

(d) Is not transporting more passengersthan the number of available seat belts; and

(e) Has in the vehicle a written state-ment signed by the employer certifying thatthe driver is employed by the employer andthat there is no other option for transportingthe employees.

(3) Subsection (1)(a) of this section doesnot apply to the holder of a provisionaldriver license who is 16 or 17 years of ageand who is operating a motor vehicle with:

(a) An instructor in the vehicle as partof a certified traffic safety education course;or

(b) A person in the vehicle who has validdriving privileges and who is the parent orstepparent of the holder of the license.

(4) Subsection (1) of this section does notapply to the holder of a provisional driver li-cense who is 18 years of age or older. [1999c.328 §3; 2001 c.410 §6; 2001 c.608 §1; 2003 c.14 §475; 2003c.767 §1; 2013 c.68 §1]

807.130 Expiration. (1) A license that isissued as an original license and not as a li-cense that is renewed expires on the anni-versary of the licensee’s birthday in theeighth calendar year after the year of issu-ance.

(2) A license that is renewed under ORS807.150 expires eight years from the specifiedexpiration date of the immediately precedinglicense.

(3) Notwithstanding subsections (1) and(2) of this section, a license that is issued toa person who is not a citizen or permanentlegal resident of the United States expires onthe date the licensee is no longer authorizedto stay in the United States, as indicated bythe documentation the person presented tothe Department of Transportation to provideproof of legal presence in the United Statesas required by ORS 807.021 and 807.730 orproof of lawful status in the United Statesas required by ORS 807.455, but no longerthan eight years from the date of issuanceor, if there is no definite end to the author-ized stay, after a period of one year.

(4) Subsection (3) of this section does notapply to a person who is a citizen of a coun-try with a Compact of Free Association withthe United States and who provides proof oflegal presence in the United States as de-fined by the department by rule.

(5) A license that has expired does notgrant driving privileges and is not valid evi-dence of driving privileges. [1983 c.338 §308; 1985c.16 §129; 1999 c.91 §1; 2008 c.1 §15; 2013 c.238 §1; 2017c.568 §20; 2019 c.312 §33]

Note 1: The amendments to 807.130 by section 20,chapter 568, Oregon Laws 2017, and section 33, chapter312, Oregon Laws 2019, become operative July 1, 2020.See section 21, chapter 568, Oregon Laws 2017, and sec-tion 37, chapter 312, Oregon Laws 2019. The text that isoperative until July 1, 2020, is set forth for the user’sconvenience.

807.130. (1) A license that is issued as an originallicense and not as a license that is renewed expires onthe anniversary of the licensee’s birthday in the eighthcalendar year after the year of issuance.

(2) A license that is renewed under ORS 807.150expires eight years from the specified expiration dateof the immediately preceding license.

(3) Notwithstanding subsections (1) and (2) of thissection, a license that is issued to a person who is nota citizen or permanent legal resident of the UnitedStates expires on the date the licensee is no longer au-thorized to stay in the United States, as indicated bythe documentation the person presented to the Depart-ment of Transportation to provide proof of legal pres-ence in the United States as required by ORS 807.021

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and 807.730, but no longer than eight years from thedate of issuance or, if there is no definite end to theauthorized stay, after a period of one year.

(4) Subsection (3) of this section does not apply toa person who is a citizen of a country with a Compactof Free Association with the United States and whoprovides proof of legal presence in the United States asdefined by the department by rule.

(5) A license that has expired does not grant driv-ing privileges and is not valid evidence of drivingprivileges.

Note 2: The amendments to 807.130 by section 18,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.130. (1) A license that is not a limited termdriver license and is issued as an original license andnot as a license that is renewed expires on the anni-versary of the licensee’s birthday in the eighth calendaryear after the year of issuance.

(2) A license that is renewed under ORS 807.150expires eight years from the specified expiration dateof the immediately preceding license.

(3) Notwithstanding subsections (1) and (2) of thissection, a limited term commercial driver license or alimited term Real ID that is issued to a person who isnot a citizen or lawful permanent resident of the UnitedStates or a citizen of a country with a Compact of FreeAssociation with the United States expires on the datethe licensee is no longer authorized to stay in theUnited States, as indicated by the documentation theperson presented to the Department of Transportationto provide proof of lawful status in the United Statesas required by ORS 807.455 and 807.730, but no longerthan eight years from the date of issuance or, if thereis no definite end to the authorized stay, after a periodof one year.

(4) A license that has expired does not grant driv-ing privileges and is not valid evidence of drivingprivileges.

807.135 Expiration of license held byOregon National Guard member or mili-tary reservist. (1) Notwithstanding ORS807.130, a license held by a member of theOregon National Guard or a militaryreservist ordered on active duty and deployedto a location outside the United States thatexpires while the holder is on active dutyshall remain valid and grant driving privi-leges for 90 days following the terminationof active duty.

(2) The court shall dismiss the charge ofoperating a vehicle without driving privilegesunder ORS 807.010 if, when charged, a mem-ber of the Oregon National Guard or a mili-tary reservist held a valid license pursuantto subsection (1) of this section. [2005 c.257 §2;2009 c.482 §3]

807.137 Expiration of license held byperson volunteering outside of UnitedStates. (1) Notwithstanding ORS 807.130, adriver license held by a person described insubsection (2) of this section that expireswhile the holder is volunteering outside ofthe United States shall remain valid and

grant driving privileges for 90 days after thedate the person returns to the United States.

(2) Subsection (1) of this section appliesto persons who are performing services in alocation outside of the United States on avolunteer basis for a nonprofit religious,charitable or relief organization, whether ornot such persons receive meals or lodging orreimbursements or vouchers for meals, lodg-ing or expenses.

(3) The court shall dismiss the charge ofoperating a vehicle without driving privilegesunder ORS 807.010 if, when charged, a per-son described in subsection (2) of this sectionheld a valid driver license pursuant to sub-section (1) of this section. [2015 c.215 §2]

807.140 Notice prior to expiration; ex-ceptions; effect of failure to notify; re-cords. (1) Before the expiration of anylicense or a license with an endorsement un-der the vehicle code, the Department ofTransportation shall notify the person towhom the license was issued of the ap-proaching expiration. Within a reasonabletime prior to the expiration date, the depart-ment shall notify the person to whom the li-cense was issued in the manner determinedby the department by rule.

(2) The department is not required to no-tify the person of an approaching expirationif the person’s license has been suspended,canceled or revoked or if the person hasfailed to notify the department of a changeof address as required under ORS 807.560.

(3) Notwithstanding subsection (1) of thissection, the department is not required tonotify the person of an approaching expira-tion if the person received a limited termdriver license, limited term commercialdriver license, limited term driver permit,limited term commercial learner driver per-mit or limited term identification card underORS 807.730 for a period of less than oneyear.

(4) Failure to receive a notice of expira-tion from the department is not a defense toa charge of driving with an expired license.However, the court may dismiss the chargeif the person renews the license before thescheduled court appearance.

(5) The department’s responsibility tomaintain records concerning notice underthis section is as provided under ORS802.210. [1983 c.338 §309; 1985 c.16 §130; 1985 c.597 §9;1993 c.751 §41; 2003 c.14 §476; 2009 c.258 §2; 2017 c.306§9; 2019 c.312 §20]

Note: The amendments to 807.140 by section 20,chapter 312, Oregon Laws 2019, become operative July1, 2020. See section 37, chapter 312, Oregon Laws 2019.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

807.140. (1) Before the expiration of any license ora license with an endorsement under the vehicle code,

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the Department of Transportation shall notify the per-son to whom the license was issued of the approachingexpiration. Within a reasonable time prior to the expi-ration date, the notice shall be mailed to the person towhom the license was issued at the address shown inthe files maintained by the department.

(2) The department is not required to notify theperson of an approaching expiration if the person’s li-cense has been suspended, canceled or revoked or if theperson has failed to notify the department of a changeof address as required under ORS 807.560.

(3) Notwithstanding subsection (1) of this section,the department is not required to notify the person ofan approaching expiration if the person received a lim-ited term driver license, limited term commercial driverlicense, limited term driver permit, limited term com-mercial learner driver permit or limited term identifica-tion card under ORS 807.730 for a period of less thanone year.

(4) Failure to receive a notice of expiration fromthe department is not a defense to a charge of drivingwith an expired license. However, the court may dismissthe charge if the person renews the license before thescheduled court appearance.

(5) The department’s responsibility to maintain re-cords concerning notice under this section is as pro-vided under ORS 802.210.

807.150 Renewal; proof of address;rules. (1) When a license expires or is aboutto expire, the Department of Transportationshall renew the license under this section ifthe holder of the license qualifies for renewalof the license under this section and:

(a) Applies for renewal within one yearof the expiration of a similar license underORS 807.130; or

(b) Applies for issuance of a licensewithin six months after the applicant is dis-charged from the Armed Forces of theUnited States and was licensed by this stateat the time of the applicant’s entry into theArmed Forces.

(2) To qualify for renewal of a licenseunder this section, a person must meet all ofthe requirements under ORS 807.040 for theclass of license sought to be renewed, exceptthat the department may waive the examina-tion under ORS 807.070 of a person applyingfor renewal of a license unless the depart-ment has reason to believe that the applicantis not qualified to hold the license or unlessthe applicant for renewal has not previouslybeen examined.

(3) To receive a renewal under this sec-tion, the license renewal fee and the StudentDriver Training Fund eligibility fee underORS 807.370 must be paid.

(4) If a person who applies for a renewalunder this section is not qualified to renewthe class of license sought to be renewed, thedepartment may issue the person any lowerclass of license for which the person qualifiesin lieu of renewing the person’s license forthe class of license held by the person.

(5) A license that is renewed under thissection may be used on or after the date of

issuance. If the department issues a licenserenewal to a person under this section beforethe expiration of the license being renewed,the older license is invalid. A license thatbecomes invalid under this subsection shallbe destroyed by the person to whom it wasissued.

(6) If the address of the applicant haschanged since the last time a license was is-sued to or renewed for the applicant, the de-partment shall require proof to verify theaddress of an applicant for renewal of a li-cense in addition to anything else the de-partment may require of the applicant. Thedepartment shall adopt rules to identify whatconstitutes proof of address for purposes ofthis subsection. Verification of proof of ad-dress may include, but is not limited to, pro-viding a utility bill, a tax return, a recordfrom a financial institution, a proof of insur-ance card or a health benefits card, a selec-tive service card, a mortgage document or alease agreement. The applicant may providethe proof of address by submitting proof inthe form of an original document or a copyof a document, use an electronic device todisplay proof of address, or provide proofthrough the use of a third party address ver-ification system. [1983 c.338 §310; 1985 c.16 §131;1985 c.597 §10; 1985 c.608 §19; 1991 c.709 §2; 1993 c.751§42; 2001 c.668 §9; 2015 c.716 §8]

807.160 Replacement license or permit;rules; fees. (1) The Department of Transpor-tation shall establish by rule the reasons forissuing a replacement driver license or driverpermit to a person who submits an applica-tion for the replacement. The reasons for re-placement shall include, but are not limitedto, situations when the person:

(a) Furnishes proof satisfactory to thedepartment of the loss, destruction ormutilation of the person’s driver license ordriver permit.

(b) Changes residence address from theaddress noted on the person’s driver licenseor driver permit or the department’s records.

(c) Is a corrections officer or an eligibleemployee who has requested, in accordancewith ORS 802.250 or 802.253, that departmentrecords show the address of the person’s em-ployer.

(d) Changes names from the name notedon the person’s driver license or driver per-mit.

(e) Is applying or is required to add orremove a restriction on the driver license ordriver permit.

(f) Is applying or is required to add orremove an endorsement other than a motor-cycle endorsement on the driver license ordriver permit.

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(g) Furnishes proof satisfactory to thedepartment or the department determinesthat the department made an error when is-suing a driver license or driver permit.

(h) Furnishes proof satisfactory to thedepartment that, for a reason identified bythe department by rule, the person needs areplacement driver license or driver permitthat bears a different distinguishing numberfrom the license or permit being replaced.

(i) Furnishes proof satisfactory to the de-partment that the person is a veteran, as de-fined in ORS 408.225, and the personrequests a replacement driver license thatincludes the fact that the person is a vet-eran.

(2) A replacement driver license or driverpermit issued under this section:

(a) Shall bear the same distinguishingnumber as the driver license or driver permitreplaced unless the person applying for thereplacement furnishes proof as described insubsection (1)(h) of this section.

(b) Does not alter or extend the drivingprivileges granted to the person under theold license or permit unless the replacementlicense or permit was issued for the purposeof changing a restriction or endorsement orfor correcting an error involving drivingprivileges.

(3) Except for driver permits for whichthe department does not charge an issuancefee, the department shall charge the fee un-der ORS 807.370 for a replacement license ordriver permit issued under this section. Thereplacement fee is in addition to anyendorsement or test fee that may apply. Thedepartment may waive the replacement feeas provided under ORS 807.390.

(4) The driver license or driver permitreplaced under this section is invalid andshall be surrendered to the department.

(5) The department may not issue a re-placement driver license or driver permitunder this section if:

(a) The person making application is notqualified to hold a license or permit at thetime of application.

(b) The driving privileges of the personmaking application are suspended or revokedand have not been partially or completelyreinstated.

(6) The department need not issue a re-placement driver license or driver permit toa person who has not complied with the re-quirements and responsibilities created bycitation for or conviction of a traffic offensein another jurisdiction if an agreement underORS 802.530 authorizes the department towithhold issuance of a replacement licenseor permit. [1983 c.338 §313; 1985 c.16 §133; 1985 c.174

§9; 1985 c.258 §4; 1985 c.396 §8; 1985 c.563 §7; 1985 c.597§12a; 1985 c.669 §9; 1989 c.535 §1; 1991 c.67 §218; 1991c.523 §7; 1991 c.702 §23; 1993 c.393 §2; 1993 c.751 §43; 2005c.59 §1; 2005 c.241 §1a; 2005 c.292 §8a; 2010 c.61 §2; 2019c.312 §16]

807.162 [2001 c.789 §2; 2008 c.1 §16; repealed by 2005c.775 §15]

(Endorsements)807.170 Requirements for issuance;

fees; cancellation. (1) The Department ofTransportation shall provide for the grantingof driver license endorsements in a mannerconsistent with this section.

(2) The department shall grant anendorsement to any person who complieswith all of the following requirements:

(a) The person must hold a valid licenseother than a restricted Class C license issuedunder the vehicle code.

(b) The person must successfully com-plete any tests and demonstrations referredto in ORS 807.070 that the department de-termines necessary to determine whether theapplicant is qualified for the type ofendorsement sought. The actual demon-stration required under ORS 807.070, if any,must be performed in a vehicle that may beoperated under the endorsement sought butthat may not be operated without theendorsement. Tests shall include, but are notlimited to, those tests necessary to determinewhether the applicant:

(A) Has satisfactory knowledge of lawsrelating to operation under the type ofendorsement sought, defensive driving skills,the common causes of accidents involvingvehicles operated under the type of endorse-ment sought; and

(B) Can operate under the endorsementin a manner that will not jeopardize thesafety of persons or property.

(c) The appropriate fee under ORS807.370 for the endorsement, including thefee for the Motorcycle Safety Subaccount,must be paid.

(d) If the person is applying for a motor-cycle endorsement, the person must complywith ORS 807.175.

(3) An endorsement granted under thissection is subject to the following:

(a) It is part of the license upon which itis endorsed and is subject to any provisionsapplicable to the endorsed license under thestatutes of this state.

(b) It is valid only if the license endorsedis valid.

(c) The appropriate fee under ORS807.370 must be paid upon renewal of theendorsement in addition to any fee for re-newal of the license endorsed.

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807.173 OREGON VEHICLE CODE

(d) Except as provided under ORS 807.350or as specifically provided under ORS809.419, an endorsement cannot be canceled,suspended or revoked separately from the li-cense endorsed. When an endorsed license iscanceled, suspended or revoked, all endorse-ments on the license are subject to the samecancellation, suspension or revocation as thelicense.

(4) Before the department may renew anylicense with a motorcycle endorsement, theapplicant shall pay the department the Mo-torcycle Safety Subaccount fee establishedunder ORS 807.370 in addition to any fee forrenewal of the license. [1983 c.338 §312; 1985 c.16§132; 1985 c.608 §20; 1989 c.427 §4; 1989 c.636 §24; 1997c.292 §2; 2003 c.14 §477; 2003 c.402 §17; 2009 c.810 §2]

807.173 Additional requirements forhazardous materials endorsement; rules.(1) Notwithstanding ORS 807.170, the De-partment of Transportation may not issue orrenew a commercial driver license with ahazardous materials endorsement and maycancel a commercial driver license with ahazardous materials endorsement if a person:

(a) Does not complete and pass a securitythreat assessment from the federal Transpor-tation Security Administration, including re-ceipt by the department of a notice from thefederal Transportation Security Administra-tion showing that the person does not posea security threat. The department shall es-tablish by rule the process and frequency forobtaining a security threat assessment.

(b) Is assessed as a security threat by thefederal Transportation Security Administra-tion. The assessment must be received by thedepartment in the form of a notice from thefederal Transportation Security Administra-tion.

(c) Is not a U.S. citizen or permanent le-gal resident as defined by the department byrule.

(2) A person is entitled to administrativereview under ORS 809.440 when the depart-ment does not issue or renew a commercialdriver license with a hazardous materialsendorsement under this section or cancels acommercial driver license with a hazardousmaterials endorsement under this section.

(3) To the extent possible, rules promul-gated by the department under this sectionshould be uniform with any applicable fed-eral regulations related to the holding of acommercial driver license with a hazardousmaterials endorsement. [2005 c.649 §33; 2009 c.395§8]

Note: The amendments to 807.173 by section 19,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative on

and after January 1, 2021, is set forth for the user’sconvenience.

807.173. (1) Notwithstanding ORS 807.170, the De-partment of Transportation may not issue or renew acommercial driver license with a hazardous materialsendorsement and may cancel a commercial driver li-cense with a hazardous materials endorsement if a per-son:

(a) Does not complete and pass a security threatassessment from the federal Transportation SecurityAdministration, including receipt by the department ofa notice from the federal Transportation Security Ad-ministration showing that the person does not pose asecurity threat. The department shall establish by rulethe process and frequency for obtaining a securitythreat assessment.

(b) Is assessed as a security threat by the federalTransportation Security Administration. The assessmentmust be received by the department in the form of anotice from the federal Transportation Security Admin-istration.

(c) Is not a U.S. citizen or lawful permanent resi-dent as defined by the department by rule.

(2) A person is entitled to administrative reviewunder ORS 809.440 when the department does not issueor renew a commercial driver license with a hazardousmaterials endorsement under this section or cancels acommercial driver license with a hazardous materialsendorsement under this section.

(3) To the extent possible, rules promulgated by thedepartment under this section should be uniform withany applicable federal regulations related to the holdingof a commercial driver license with a hazardous mate-rials endorsement.

807.175 Motorcycle education course.(1) The Department of Transportation maynot issue a motorcycle endorsement to aperson unless the person shows to the satis-faction of the department that the person hassuccessfully completed a motorcycle ridereducation course established by the depart-ment under ORS 802.320. This requirementis in addition to any other requirement forthe endorsement.

(2) Subsection (1) of this section does notapply to a person applying for issuance of amotorcycle endorsement under ORS 807.170who:

(a) Currently holds a motorcycleendorsement issued by another state; or

(b) Is applying for a restricted motorcycleendorsement that only authorizes the personto operate a motorcycle with more than twowheels. [1989 c.427 §2; 1991 c.453 §13; 1993 c.288 §2;1997 c.292 §3; 2003 c.14 §478; 2009 c.810 §3; 2011 c.326 §1]

(Permits)807.200 Types of permit. (1) The follow-

ing permits may be issued as restricted ClassC licenses:

(a) Disability golf cart driver permits de-scribed under ORS 807.210.

(b) Emergency driver permits describedunder ORS 807.220.

(c) Special student driver permits de-scribed under ORS 807.230.

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(2) Hardship driver permits described un-der ORS 807.240 may be issued as Class Clicenses. Restrictions on the license are asprovided under ORS 807.240.

(3) Instruction driver permits describedunder ORS 807.280 may be issued for a ClassC license.

(4) Motorcycle instruction driver permitsdescribed under ORS 807.280 may be issuedonly to persons having a commercial driverlicense or a Class C license.

(5) Commercial learner driver permitsdescribed under ORS 807.285 may be issuedfor Class A, Class B or Class C commercialdriving privileges. [1985 c.608 §8b; 1987 c.801 §2;1989 c.636 §25; 2003 c.160 §1; 2013 c.237 §44; 2018 c.76 §7]

807.210 Disability golf cart permit;fees. The Department of Transportation shallprovide for issuance of disability golf cartdriver permits in a manner consistent withthis section. A disability golf cart driverpermit grants the driving privileges providedin this section or under the permit. Exceptas otherwise provided in this section, a disa-bility golf cart driver permit is subject to thefees, provisions, conditions, prohibitions andpenalties applicable to a Class C license. Thefollowing apply to a disability golf cart driverpermit:

(1) The department shall issue a disabil-ity golf cart driver permit only to personswith ambulatory disabilities.

(2) The department shall issue a disabil-ity golf cart driver permit to an applicantwho would not qualify for a license becauseof the person’s disability if the departmentdetermines that the person’s disability doesnot prevent the person from reasonable andordinary control of vehicles operated underthe permit when operated as allowed underthe permit.

(3) In addition to any other restrictionsplaced on the permit by the department, thepermit only grants driving privileges for theoperation of golf carts or substantially simi-lar vehicles on roads or streets in an areawith a speed designation not greater than 25miles per hour.

(4) The department may require an appli-cant for the permit to demonstrate that theapplicant is qualified to safely exercise thedriving privileges granted under a disabilitygolf cart driver permit notwithstanding thedisability of the person.

(5) The fees for issuance or renewal of adisability golf cart driver permit are the dis-ability golf cart driver permit issuance orrenewal fees established under ORS 807.370.This subsection only affects the fees payablefor issuance and renewal and is not an ex-emption from payment of other fees payable

at the time of issuance and renewal of a li-cense.

(6) A person with a disability golf cartdriver permit who commits the offense of vi-olation of license restrictions under ORS807.010 by driving on a road or street in anarea with a speed designation greater than25 miles per hour commits a Class D trafficviolation. [1983 c.338 §321; 1985 c.16 §139; 1985 c.608§25; 1989 c.636 §26]

807.220 Emergency driver permit; fees.(1) The Department of Transportation shallprovide for the issuance of emergency driverpermits in a manner consistent with thissection.

(2) Except as otherwise provided in thissection an emergency driver permit is sub-ject to the fees, provisions, conditions, pro-hibitions and penalties applicable to a ClassC license.

(3) The following apply to an emergencydriver permit:

(a) The department may issue an emer-gency driver permit to a person 14 years ofage or older.

(b) The department shall place re-strictions on the permit that designate theroutes over which the permit is valid. Thedepartment shall designate routes it deter-mines necessary from the facts creating theemergency.

(c) The permit shall only be issued if thedepartment is satisfied that an emergencyexists that requires operation of a motor ve-hicle by the applicant.

(d) The department may establish a formfor the permit that differs from the form re-quired for a license.

(e) The only fee required for issuance ofthe permit is the emergency driver permit feeunder ORS 807.370.

(f) The department may establish a periodfor the expiration of the permit that coin-cides with the end of the emergency that isthe basis for the permit.

(g) The department shall cancel the per-mit if the department determines that theholder of the permit has operated a motorvehicle over any highway or for any purposeother than one approved under the permit.

(h) If an emergency driver permit is can-celed, the person issued the permit is ineli-gible to be issued another emergency driverpermit for a period of one year.

(i) In addition to any other applicationrequirements for the emergency driver per-mit, the applicant must obtain the endorse-ment on the application of the sheriff of thecounty in which the applicant resides.

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(4) The department may issue an emer-gency driver permit, if the person qualifiesfor the permit, to a person whose drivingprivileges are suspended under ORS 809.280because the department has received an or-der suspending driving privileges under ORS809.260. In addition to other emergencies, asituation that leaves the applicant with noalternative means to travel to and fromschool is an emergency for purposes of apermit issued under this subsection. [1983 c.338§322; 1985 c.16 §140; 1985 c.174 §10; 1985 c.608 §26; 1987c.262 §1; 1989 c.636 §27; 2001 c.410 §4; 2003 c.14 §479; 2005c.59 §5; 2011 c.355 §2]

807.230 Special student driver permit;fees. The Department of Transportation shallprovide for issuance of special student driverpermits in a manner consistent with thissection. A special student driver permitgrants the driving privileges provided in thissection or under the permit. Except as oth-erwise provided in this section, a specialstudent driver permit is subject to the fees,provisions, conditions, prohibitions and pen-alties applicable to a Class C license. Thefollowing apply to a special student driverpermit:

(1) The department may issue a specialstudent driver permit to a person 14 years ofage or older.

(2) The department shall place re-strictions on the permit to limit operation ofa vehicle under the permit to operation nec-essary as a means of transportation to orfrom the school, college or other educationalinstitution attended by the person to whomthe driver permit is issued.

(3) The permit shall only be issued if theapplicant has no other available means oftransportation by which to continue theapplicant’s education.

(4) The permit shall only be issued if thedepartment is satisfied that the applicant hashad sufficient experience in the operation ofmotor vehicles to operate a motor vehiclewithout endangering the safety of the public.

(5) The department may establish a formfor the permit that differs from the form re-quired for a license that is issued.

(6) The only fee required for issuance ofthe permit is the special student driver per-mit fee under ORS 807.370.

(7) The department shall cancel the per-mit if the department determines that theholder of the permit has operated a motorvehicle over any highway or for any purposeother than as approved under the permit.

(8) If a special student driver permit iscanceled, the person issued the permit is in-eligible to be issued any license or driverpermit until the person is old enough to beeligible for a license.

(9) In addition to any other applicationrequirements for the special student driverpermit, the applicant must:

(a) Certify that the applicant has noother available means of transportation thatwould enable the applicant to continue theapplicant’s education;

(b) Specify the road or highway overwhich the applicant desires to operate motorvehicles;

(c) Obtain the endorsement of the sheriffof the county in which the applicant residesand of the principal of the school the appli-cant attends; and

(d) Provide any other information re-quired by the department. [1983 c.338 §323; 1985c.174 §11; 1985 c.597 §17a; 1985 c.608 §27; 1989 c.636 §28;2003 c.14 §480; 2005 c.59 §6]

807.240 Hardship permit; fees; rules.The Department of Transportation shall pro-vide for issuance of hardship driver permitsin a manner consistent with this section. Ahardship driver permit grants the drivingprivileges provided in this section or underthe permit. Except as otherwise provided inthis section, a hardship driver permit is sub-ject to the fees, provisions, conditions, pro-hibitions and penalties applicable to alicense. The following apply to a hardshipdriver permit:

(1) The department may only issue a per-mit to a person whose driving privileges un-der the vehicle code have been suspended, orrevoked under ORS 809.600 as a habitual of-fender.

(2) Except as provided in this section andORS 813.520, the department may reinstatethe privilege to operate a motor vehicle ofany person whose license to operate a motorvehicle has been suspended, or revoked un-der ORS 809.600 as a habitual offender, byissuing the person a hardship permit.

(3) To qualify for a hardship permit, aperson must do all of the following:

(a) The person must submit to the de-partment an application for the permit thatdemonstrates the person’s need for the per-mit.

(b) The person must present satisfactoryevidence, as determined by the departmentby rule:

(A) That the person must operate a motorvehicle as a requisite of the person’s occupa-tion or employment;

(B) That the person must operate a motorvehicle to seek employment or to get to orfrom a place of employment;

(C) That the person must operate a motorvehicle to get to or from an alcohol or drugtreatment or rehabilitation program;

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(D) That the person or a member of theperson’s immediate family requires medicaltreatment on a regular basis and that theperson must operate a motor vehicle in orderthat the treatment may be obtained;

(E) That the person must operate a motorvehicle to get to or from a gambling ad-diction treatment program; or

(F) That the person must operate a motorvehicle to provide necessary services to theperson or to a member of the person’s family.The department shall determine by rule whatconstitutes necessary services for purposesof this subparagraph. The rule shall includeas necessary services, but need not be lim-ited to, grocery shopping, driving the personor the person’s children to school, driving tomedical appointments and caring for elderlyfamily members.

(c) If the person is applying for a permitbecause the person or a member of theperson’s immediate family requires medicaltreatment on a regular basis, the personmust present, in addition to any evidence re-quired by the department under paragraph(b) of this subsection, a statement signed bya licensed physician or licensed nurse prac-titioner that indicates that the person or amember of the person’s immediate family re-quires medical treatment on a regular basis.

(d) The person must show that the personis not incompetent to drive nor a habitualincompetent, reckless or criminally negligentdriver as established by the person’s drivingrecord in this or any other jurisdiction.

(e) The person must make a future re-sponsibility filing.

(f) The person must submit any other in-formation the department may require forpurposes of determining whether the personqualifies under this section and ORS 813.520.

(4) If the department finds that the per-son meets the requirements of this sectionand any applicable requirements under ORS813.520, the department may issue the persona hardship permit, valid for the duration ofthe suspension or revocation or for a shorterperiod of time established by the departmentunless sooner suspended or revoked underthis section. If the department issues thepermit for a period shorter than the suspen-sion or revocation period, renewal of thepermit shall be on such terms and conditionsas the department may require. The permit:

(a) Shall limit the holder to operation ofa motor vehicle only during specified times.

(b) May bear other reasonable limitationsrelating to the hardship permit or the opera-tion of a motor vehicle that the departmentdeems proper or necessary. The limitationsmay include any limitation, condition or re-quirement. Violation of a limitation is pun-

ishable as provided by ORS 811.175 or811.182.

(5) The department, upon receiving satis-factory evidence of any violation of the limi-tations of a permit issued under this section,may suspend or revoke the hardship permit.

(6) The fee charged for application or is-suance of a hardship driver permit is thehardship driver permit application fee underORS 807.370. The department may not refundthe fee if the application is denied or if thedriver permit is suspended or revoked. Thefee upon renewal of the driver permit is thesame fee as that charged for renewal of a li-cense. The application fee charged under thissubsection is in addition to any fee chargedfor reinstatement of driving privileges underORS 807.370.

(7) The department may issue a permitgranting the same driving privileges as thosesuspended or revoked or may issue a permitgranting fewer driving privileges, as the de-partment determines necessary to assure safeoperation of motor vehicles by the permitholder.

(8) The department may not issue ahardship permit to a person:

(a) Whose driver license or driver permitis suspended pursuant to ORS 25.750 to25.783;

(b) Whose driving privileges are sus-pended pursuant to ORS 809.280 (2);

(c) That authorizes the person to operatea commercial motor vehicle;

(d) Whose suspension of driving privi-leges is based on a second or subsequentconviction of driving while under the influ-ence of intoxicants in violation of ORS813.010 or the statutory counterpart to ORS813.010 in another jurisdiction and the sus-pension period is determined by ORS 809.428(2)(b) or (c);

(e) Whose driving privileges are sus-pended for a conviction of assault in thesecond, third or fourth degree if the person,within 10 years preceding application for thepermit, has been convicted of:

(A) Any degree of murder, manslaughter,criminally negligent homicide or assault re-sulting from the operation of a motor vehi-cle;

(B) Reckless driving, as defined in ORS811.140;

(C) Driving while under the influence ofintoxicants, as defined in ORS 813.010;

(D) Failure to perform the duties of adriver involved in a collision, as described inORS 811.700 or 811.705;

(E) Criminal driving while suspended orrevoked, as defined in ORS 811.182;

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(F) Fleeing or attempting to elude a po-lice officer, as defined in ORS 811.540;

(G) Aggravated vehicular homicide, asdefined in ORS 163.149; or

(H) Aggravated driving while suspendedor revoked, as defined in ORS 163.196; or

(f) Whose driving privileges are sus-pended for a conviction of assault in thesecond, third or fourth degree:

(A) For a period of four years from thedate the department suspends driving privi-leges if the person’s driving privileges aresuspended for conviction of assault in thesecond degree and the person was not incar-cerated for that conviction.

(B) For a period of four years from thedate the person is released from incarcer-ation for the conviction if the person’s driv-ing privileges are suspended for convictionof assault in the second degree and the per-son was incarcerated for that conviction.

(C) For a period of two years from thedate the department suspends driving privi-leges if the person’s driving privileges aresuspended for conviction of assault in thethird degree and the person was not incar-cerated for that conviction.

(D) For a period of two years from thedate the person is released from incarcer-ation for the conviction if the person’s driv-ing privileges are suspended for convictionof assault in the third degree and the personwas incarcerated for that conviction.

(E) For a period of six months from thedate the department suspends driving privi-leges if the person’s driving privileges aresuspended for conviction of assault in thefourth degree and the person is not incar-cerated for that conviction.

(F) For a period of six months from thedate the person is released from incarcer-ation for the conviction if the person’s driv-ing privileges are suspended for convictionof assault in the fourth degree and the per-son was incarcerated for that conviction.

(9) A conviction arising out of the sameepisode as the current suspension is notconsidered a conviction for purposes of sub-section (8)(e) of this section.

(10) A person’s driving privileges undera hardship permit are subject to suspensionor revocation if the person does not maintaina good driving record, as defined by the ad-ministrative rules of the department, duringthe term of the permit. [1983 c.338 §327; 1985 c.16§144; 1985 c.608 §29; 1987 c.730 §11; 1987 c.801 §3; 1989c.636 §33; 1991 c.860 §4; 1993 c.627 §2; 1993 c.751 §45; 1999c.796 §4; 2001 c.294 §1; 2003 c.23 §1; 2003 c.160 §2; 2005c.471 §11; 2017 c.319 §1; 2018 c.76 §§2,2a; 2019 c.215 §1;2019 c.358 §43]

807.250 [1985 c.16 §150; 1987 c.262 §2; 1987 c.801 §4;1991 c.835 §5; 1995 c.750 §§3,6; 1999 c.619 §6; 2003 c.23

§2; 2003 c.204 §1; 2011 c.355 §27; 2017 c.21 §76; 2017 c.319§2; repealed by 2018 c.76 §1]

807.252 [1999 c.796 §3; 2001 c.104 §302; 2003 c.14 §481;2003 c.23 §3; 2007 c.867 §9; 2009 c.783 §8; 2017 c.319 §3;2018 c.22 §7; repealed by 2018 c.76 §1]

807.260 [1985 c.16 §152; 1987 c.801 §5; repealed by2018 c.76 §1]

807.270 [1983 c.338 §326; 1985 c.16 §143; 1985 c.597§18; 1985 c.608 §28; 1987 c.730 §12; 1999 c.1051 §280; 2001c.294 §2; 2003 c.160 §3; 2007 c.195 §4; repealed by 2018 c.76§1]

807.280 Instruction driver permit; fees.The Department of Transportation shall pro-vide for the issuance of instruction driverpermits in a manner consistent with thissection. A person who is issued an instruc-tion driver permit may exercise the samedriving privileges as those under the class oflicense or endorsement for which the permitis issued except as provided in this sectionor under the permit. Except as otherwiseprovided in this section, an instruction driverpermit is subject to the fees, provisions, con-ditions, prohibitions and penalties applicableto a license or endorsement granting thesame driving privileges. The following applyto an instruction driver permit:

(1) An instruction driver permit is sub-ject to the same classifications and endorse-ments as a license. The department mayissue an instruction driver permit to grantthe same driving privileges as a Class Cdriver license or as a motorcycle endorse-ment, but the instruction driver permit willalso be subject to the provisions of this sec-tion.

(2) The department may issue an instruc-tion driver permit to a person who is quali-fied to obtain the same driving privilegesunder the corresponding class of license ortype of endorsement except for the person’sage or lack of experience in the operation ofmotor vehicles subject to the following:

(a) An applicant must be 15 years of ageor older to receive the same driving privi-leges as are granted under a Class C license.

(b) An applicant must be 16 years of ageor older and have a commercial driver li-cense or a Class C license to receive thesame driving privileges as are granted undera motorcycle endorsement.

(c) An applicant must be 18 years of ageor older to receive the same driving privi-leges as are granted under any class of li-cense not otherwise provided for under thissubsection.

(3) The fees required for issuance or re-newal of an instruction driver permit are theinstruction driver permit fees under ORS807.370.

(4) A Class C instruction driver permitshall be valid for 24 months from the date ofissuance. All other instruction driver permits

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issued under this section shall be valid forone year from the date of issuance.

(5) When an instruction driver permitexpires or is about to expire, the departmentshall renew the instruction driver permit ifthe holder of the instruction driver permitqualifies for renewal of the instruction driverpermit under this section and applies for re-newal:

(a) Within one year of the expiration ofan instruction driver permit issued underthis section; or

(b) Within six months after the applicantis discharged from the Armed Forces of theUnited States if the applicant held an in-struction driver permit issued by this stateat the time of the applicant’s entry into theArmed Forces.

(6) To qualify for renewal of an instruc-tion driver permit, a person must meet all ofthe requirements for the type of instructiondriver permit sought to be renewed, exceptthat the department may waive the examina-tion unless the department has reason to be-lieve that the applicant is not qualified forthe instruction driver permit.

(7) An instruction driver permit that isrenewed under this section may be used onor after the date of issuance. If the depart-ment issues an instruction driver permit re-newal to a person under this section beforethe expiration of the instruction driver per-mit being renewed, the older permit is in-valid. An instruction driver permit thatbecomes invalid under this subsection shallbe surrendered to the department.

(8) The holder of the instruction driverpermit may not operate a motor vehicle un-less the holder has the instruction driverpermit in the holder’s immediate possessionand is accompanied by a person with a classof license granting the same driving privi-leges or a license with an endorsementgranting the same driving privileges who isnot less than 21 years of age. The accompa-nying person must be occupying a seat besidethe holder of the instruction driver permitunless the instruction driver permit is formotorcycle driving privileges. For an in-struction driver permit granting motorcycledriving privileges, the holder of the instruc-tion driver permit must be in the companyand under the supervision and visual obser-vation of the accompanying person and theaccompanying person must be operating aseparate motorcycle.

(9) The holder of an instruction driverpermit granting motorcycle driving privilegesis subject to the following in addition to anyother requirements under this section:

(a) The holder may operate a motorcycleonly during daylight hours.

(b) The holder may not carry any pas-sengers on the motorcycle.

(c) The holder of the instruction driverpermit must wear an approved helmet whileoperating a motorcycle.

(10)(a) The department may issue an in-struction driver permit to a person with alimited vision condition if a rehabilitationtraining specialist certifies to the departmentthat the person has successfully completed arehabilitation training program.

(b) As used in this subsection, “limitedvision condition,” “rehabilitation trainingspecialist” and “rehabilitation training pro-gram” have the meanings given those termsin ORS 807.355.

(11) In addition to any other require-ments under this section, the holder of aninstruction driver permit issued under sub-section (10) of this section may operate amotor vehicle only when using a bioptictelescopic lens. [1983 c.338 §316; 1985 c.16 §135; 1985c.608 §23; 1989 c.397 §1; 1989 c.636 §29; 1991 c.67 §219;2001 c.410 §5; 2003 c.14 §482; 2003 c.277 §§8,12; 2005 c.59§§7,8; 2005 c.649 §§35,36; 2007 c.121 §§1,2; 2007 c.588 §5;2013 c.237 §45]

807.285 Commercial learner driverpermit; fees. (1) The Department of Trans-portation shall issue commercial learnerdriver permits in the manner provided bythis section. Except as provided in this sec-tion, a person who is issued a commerciallearner driver permit may exercise the samedriving privileges as those under the class ofcommercial driver license or endorsement forwhich the permit is issued. Except as pro-vided in this section, a commercial learnerdriver permit is subject to the provisions,conditions, prohibitions and penalties appli-cable to a license or endorsement grantingthe same driving privileges.

(2) The department may issue commerciallearner driver permits under this section thatgrant the driving privileges of a Class Acommercial, Class B commercial or Class Ccommercial driver license, subject to the re-quirements and restrictions described in thissection.

(3) An applicant for a commercial learnerdriver permit must be 18 years of age orolder and must have a valid driver licenseissued by the department.

(4) In addition to meeting the require-ment of providing proof of legal presenceunder ORS 807.021 and 807.040, an applicantfor a commercial learner driver permit mustsubmit valid documentation, as defined bythe department by rule, that the person is acitizen or permanent legal resident of theUnited States. The requirements of this sub-section do not apply to:

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(a) An applicant for a limited term com-mercial learner driver permit issued underORS 807.730.

(b) A person who is a citizen of a countrywith a Compact of Free Association with theUnited States.

(5) A commercial learner driver permit isvalid for a period of one year from the dateof issuance and is not renewable.

(6) Except as provided in subsection (7)of this section, the holder of the commerciallearner driver permit may not operate acommercial motor vehicle unless the holderhas the permit in the holder’s immediatepossession and is accompanied by a personwho:

(a) Is at least 21 years of age;(b) Holds a class of commercial driver li-

cense and endorsements that grant the driv-ing privileges required to operate the vehicle;

(c) Has no restrictions on the person’sdriving privileges that would make operationof the vehicle unlawful under ORS 807.010(2);

(d) Has the permit holder under observa-tion and direct supervision; and

(e) Is occupying a seat beside the holderof the permit or, in the case of a commercialpassenger vehicle, directly behind or in thefirst row behind the driver.

(7) When taking an examination as de-scribed in ORS 807.070 (3) with an examineremployed by the department, the holder of acommercial learner driver permit is not re-quired to be accompanied by a commercialdriver license holder as otherwise requiredunder subsection (6) of this section.

(8) The holder of a commercial learnerdriver permit may not operate:

(a) Any vehicle transporting hazardousmaterials.

(b) A tank vehicle, unless the tank isempty.

(c) A commercial passenger vehicle whiletransporting passengers, unless the passen-gers are federal or state auditors or inspec-tors, test examiners or other trainees andthere is a commercial driver license holderaccompanying the permit holder as requiredby subsection (6) of this section.

(d) A school bus while transporting pas-sengers, unless the other passengers are fed-eral or state auditors or inspectors, testexaminers or other trainees and there is acommercial driver license holder accompany-ing the permit holder as required by subsec-tion (6) of this section.

(e) A commercial motor vehicle combina-tion consisting of more than one towed vehi-cle.

(9) A commercial learner driver permitmust contain all of the applicable informa-tion described in ORS 807.110 (1) and aprominent statement that the permit is a“commercial learner permit” or “CLP.”

(10) An applicant for a commerciallearner driver permit must pay the commer-cial learner driver permit fee established un-der ORS 807.370. [2013 c.237 §32; 2017 c.306 §§5,5a]

Note: The amendments to 807.285 by section 20,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.285. (1) The Department of Transportation shallissue commercial learner driver permits in the mannerprovided by this section. Except as provided in thissection, a person who is issued a commercial learnerdriver permit may exercise the same driving privilegesas those under the class of commercial driver licenseor endorsement for which the permit is issued. Exceptas provided in this section, a commercial learner driverpermit is subject to the provisions, conditions, prohibi-tions and penalties applicable to a license or endorse-ment granting the same driving privileges.

(2) The department may issue commercial learnerdriver permits under this section that grant the drivingprivileges of a Class A commercial, Class B commercialor Class C commercial driver license, subject to the re-quirements and restrictions described in this section.

(3) An applicant for a commercial learner driverpermit must be 18 years of age or older and must havea valid driver license issued by the department.

(4) In addition to meeting the requirement of pro-viding proof of lawful status under ORS 807.040, an ap-plicant for a commercial learner driver permit mustsubmit valid documentation, as defined by the depart-ment by rule, that the person is a citizen or lawfulpermanent resident of the United States or a citizen ofa country with a Compact of Free Association with theUnited States. The requirements of this subsection donot apply to an applicant for a limited term commerciallearner driver permit issued under ORS 807.730.

(5) A commercial learner driver permit is valid fora period of one year from the date of issuance and isnot renewable.

(6) Except as provided in subsection (7) of thissection, the holder of the commercial learner driverpermit may not operate a commercial motor vehicleunless the holder has the permit in the holder’s imme-diate possession and is accompanied by a person who:

(a) Is at least 21 years of age;(b) Holds a class of commercial driver license and

endorsements that grant the driving privileges requiredto operate the vehicle;

(c) Has no restrictions on the person’s drivingprivileges that would make operation of the vehicle un-lawful under ORS 807.010 (2);

(d) Has the permit holder under observation anddirect supervision; and

(e) Is occupying a seat beside the holder of thepermit or, in the case of a commercial passenger vehi-cle, directly behind or in the first row behind the driver.

(7) When taking an examination as described inORS 807.070 (3) with an examiner employed by the de-partment, the holder of a commercial learner driverpermit is not required to be accompanied by a commer-

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cial driver license holder as otherwise required undersubsection (6) of this section.

(8) The holder of a commercial learner driver per-mit may not operate:

(a) Any vehicle transporting hazardous materials.(b) A tank vehicle, unless the tank is empty.(c) A commercial passenger vehicle while trans-

porting passengers, unless the passengers are federal orstate auditors or inspectors, test examiners or othertrainees and there is a commercial driver license holderaccompanying the permit holder as required by subsec-tion (6) of this section.

(d) A school bus while transporting passengers,unless the other passengers are federal or state auditorsor inspectors, test examiners or other trainees and thereis a commercial driver license holder accompanying thepermit holder as required by subsection (6) of this sec-tion.

(e) A commercial motor vehicle combination con-sisting of more than one towed vehicle.

(9) A commercial learner driver permit must con-tain all of the applicable information described in ORS807.110 (1) and a prominent statement that the permitis a “commercial learner permit” or “CLP.”

(10) An applicant for a commercial learner driverpermit must pay the commercial learner driver permitfee established under ORS 807.370.

807.290 Special temporary instructiondriver permit; fees. (1) The Department ofTransportation shall provide for the issuanceof special temporary instruction driver per-mits in a manner consistent with this sec-tion. Except as provided in this section, aspecial temporary instruction driver permitis subject to the same fees, provisions, con-ditions, prohibitions and penalties applicableto an instruction driver permit under ORS807.280.

(2) The department may issue a specialtemporary instruction driver permit, withoutcharge, to a person who has filed an appli-cation for and paid the fee for a special stu-dent driver permit or an emergency driverpermit but was unable to qualify for the per-mit because of lack of experience in the op-eration of motor vehicles. A permit issuedunder this section shall be valid for only 60days. [1983 c.338 §317]

807.300 [1985 c.608 §29b; 1987 c.744 §7; repealed by1989 c.636 §54]

807.310 Applicant temporary permit;rules. (1) The Department of Transportationshall provide for the issuance of applicanttemporary driver permits in a manner con-sistent with this section.

(2) The department may issue an appli-cant temporary driver permit to an applicantfor a driver license or for a driver permitwhile the department is determining all factsrelative to application for the driver licenseor driver permit. The department shall setforth on the applicant temporary driver per-mit the driving privileges granted under thepermit.

(3) The holder of an applicant temporarydriver permit must have the temporarydriver permit on the holder’s person whileoperating a motor vehicle. The holder of anapplicant temporary driver permit must op-erate within the driving privileges grantedunder the temporary driver permit.

(4) An applicant temporary driver permitis valid for a period of 30 days from the dateissued. The department may extend the termof the permit for sufficient cause. An exten-sion of the term of the permit may not ex-ceed an additional 30 days.

(5) If an applicant has complied with allthe requirements for an application for adriver license or driver permit, except thatthe applicant is unable to produce the doc-umentation required by the department un-der ORS 807.021 and 807.730, the department,at the time of application, may issue to theapplicant an applicant temporary driver per-mit as provided in this section if the appli-cant certifies that the applicant is, to thebest of the applicant’s knowledge, legallypresent in the United States.

(6) An applicant temporary driver permitissued to an applicant who is applying fornoncommercial driving privileges under sub-section (5) of this section is valid for a periodof 90 days from the date issued. The depart-ment may extend the term of the permit upto two times for sufficient cause. Each ex-tension of the term of the permit may notexceed 90 days.

(7) Notwithstanding subsection (6) of thissection, the department may, in the mannerprovided by rule, further extend the term ofthe applicant temporary driver permit for anapplicant who needs additional time to ob-tain the documentation required under ORS807.021 and 807.730.

(8) An applicant temporary driver permitautomatically becomes invalid if theapplicant’s license or permit is issued or re-fused for good cause.

(9) The department may not charge a feefor issuance of an applicant temporary driverpermit under this section. [1983 c.338 §315; 1985c.16 §134; 1985 c.597 §13; 1985 c.608 §22; 2008 c.1 §27; 2011c.9 §98; 2011 c.282 §3; 2017 c.190 §14]

Note: The amendments to 807.310 by section 21,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.310. (1) The Department of Transportation shallprovide for the issuance of applicant temporary driverpermits in a manner consistent with this section.

(2) The department may issue an applicant tempo-rary driver permit to an applicant for a driver licenseor for a driver permit while the department is deter-mining all facts relative to application for the driver

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807.320 OREGON VEHICLE CODE

license or driver permit. The department shall set forthon the applicant temporary driver permit the drivingprivileges granted under the permit.

(3) The holder of an applicant temporary driverpermit must have the temporary driver permit on theholder’s person while operating a motor vehicle. Theholder of an applicant temporary driver permit mustoperate within the driving privileges granted under thetemporary driver permit.

(4) An applicant temporary driver permit is validfor a period of 30 days from the date issued. The de-partment may extend the term of the permit for suffi-cient cause. An extension of the term of the permit maynot exceed an additional 30 days.

(5) An applicant temporary driver permit automat-ically becomes invalid if the applicant’s license or per-mit is issued or refused for good cause.

(6) The department may not charge a fee for issu-ance of an applicant temporary driver permit under thissection.

807.320 Court issued temporary driverpermit. (1) Courts shall provide for issuanceof court issued temporary driver permits ina manner consistent with this section. Acourt issued temporary driver permit grantsonly those driving privileges specificallygranted under the permit.

(2) If a court takes immediate possessionof a license or driver permit under ORS809.275 upon suspension or revocation of thedriving privileges under the license or driverpermit, the court shall issue a court issuedtemporary driver permit to the person con-victed if the court determines issuance of thepermit is necessary to give full effect to therequirement that the court take the licenseor driver permit under ORS 809.275.

(3) A court issued temporary driver per-mit:

(a) Shall be issued in a form specified bythe Department of Transportation.

(b) Is valid until midnight of the day ofconviction of the person issued the permit.[1983 c.338 §324; 1993 c.751 §47]

807.330 Court bail driver permit. (1)Courts shall provide for the issuance of courtbail driver permits in a manner and to grantdriving privileges consistent with this sec-tion.

(2) The court bail driver permit shall actas a receipt for a license that is accepted assecurity by a court under ORS 810.300 and810.310.

(3) The permit confers on the person towhom it is issued the same driving privilegesas the license which was accepted as secu-rity.

(4) The Department of Transportationshall prepare a form for the permit and allpermits issued pursuant to this section shallconform to the form so prepared.

(5) Upon issuance of a permit, a courtshall promptly notify the department of thefact.

(6) The driving privileges granted underthe permit are valid only until the time fixedfor appearance or the expiration of 30 daysfrom the date the permit is issued, whicheverfirst occurs.

(7) No fee shall be charged for issuanceof the permit. [1983 c.338 §325; 1999 c.1051 §280a]

(Continuing Eligibility)807.340 Proof of eligibility; effect of

failure to reestablish; waiver of fee. (1)The Department of Transportation may re-quire any person to whom a driver license,driver permit or endorsement is issued toappear before the department and provideproof that the person was eligible or rees-tablish the person’s eligibility by taking anexamination under ORS 807.070 or followingthe procedures in ORS 807.090, as appropri-ate. The department may act under this sec-tion if the department has reason to believethat the person:

(a) Was not qualified to hold a driver li-cense, driver permit or endorsement at thetime of issuance;

(b) Is no longer qualified to hold a driverlicense, driver permit or endorsement; or

(c) Is no longer able to safely operate amotor vehicle.

(2) If a person does not appear before thedepartment within a reasonable time afterreceiving notice from the department underthis section or is unable to reestablish eligi-bility to the satisfaction of the departmentunder this section, the department may:

(a) Take action to suspend the person’sdriving privileges under ORS 809.419; or

(b) Take action to cancel the person’sdriving privileges under ORS 809.310.

(3) A person who is required to take oneor more tests described in ORS 807.070 toprove eligibility or to reestablish eligibilityunder this section is not required to pay thefee established under ORS 807.370 for thetest. [1983 c.338 §314; 1985 c.608 §21; 2003 c.14 §483; 2003c.402 §18; 2003 c.618 §51; 2017 c.190 §1]

807.350 Cancellation of privileges; is-suance of more limited license or permit.(1) The Department of Transportation, at anytime, may cancel the driving privileges orpart of the driving privileges granted anyperson under any class of license or underany endorsement or any driver permit if thedepartment determines that the person nolonger meets the qualifications or require-ments for the license, endorsement or permit.

(2)(a) The department may immediatelycancel the driving privileges granted anyperson under any class of license or underany endorsement or any driver permit if theperson is unable to reestablish eligibility un-

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der ORS 807.340 and the department deter-mines that:

(A) The person is no longer able to safelyoperate a motor vehicle; and

(B) The person may endanger people orproperty if the person’s driving privileges arenot immediately canceled.

(b) A cancellation under this subsectionis subject to a post-imposition hearing underORS 809.440.

(3) Upon cancellation under this section,a person whose driving privileges are can-celed shall surrender to the department anylicense or driver permit issued for the driv-ing privileges. Failure to comply with thissubsection is subject to penalty as providedunder ORS 809.500.

(4) If the department cancels drivingprivileges under this section, the departmentmay provide for the issuance of a license,driver permit or license with endorsement orlimitations granting driving privileges forwhich the person does qualify or meet therequirements. The department may providefor the waiver of all or part of the fees re-lating to the issuance of a license or driverpermit when the department issues a driverpermit or license under this subsection, asthe department determines equitable.

(5) A person whose driving privileges arecanceled under this section may regain thecanceled driving privileges only by reapply-ing for the privileges and establishing eligi-bility and qualification for the drivingprivileges as provided by law. [1985 c.608 §33;2003 c.14 §484; 2011 c.355 §31]

(Persons With Limited Vision)807.355 Definitions. As used in this sec-

tion and ORS 807.359, 807.363 and 807.368:(1) “Licensed vision specialist” means an

ophthalmologist or an optometrist.(2) “Limited vision condition” means vis-

ual acuity in the better eye with best lenscorrection that is no better than 20/80 andno worse than 20/200.

(3) “Rehabilitation training program”means a program designed to train a personwith a limited vision condition to use abioptic telescopic lens while operating a mo-tor vehicle.

(4) “Rehabilitation training specialist”means a person certified by the Departmentof Transportation to provide a rehabilitationtraining program.

(5) “Special limited vision conditionlearner’s permit” means a permit issued bythe department to a person with a limitedvision condition that allows the person toenroll in a rehabilitation training program.[2003 c.277 §2]

807.359 Special limited vision conditionlearner’s permit. (1) A person with a lim-ited vision condition may apply for a speciallimited vision condition learner’s permit ifthe person:

(a) Is examined by a licensed vision spe-cialist who determines that the person:

(A) Has no ocular diagnosis or prognosisthat may result in deterioration of theperson’s corrected vision below a 20/200 levelof visual acuity;

(B) Has a visual field of at least 120 de-grees horizontally and 80 degrees vertically;and

(C) Would be aided by using a bioptictelescopic lens when operating a motor vehi-cle;

(b) Is fitted by the licensed vision spe-cialist with a bioptic telescopic lens mountedon the carrier lens;

(c) Submits to the Department of Trans-portation a report from the licensed visionspecialist certifying that the person meetsthe requirements of this subsection;

(d) Submits proof to the department thatthe person is enrolled in a rehabilitationtraining program; and

(e) Takes the test described under ORS807.070 (2).

(2) The department shall issue a speciallimited vision condition learner’s permit to aperson who meets the requirements of sub-section (1) of this section upon applicationand payment of the fee under ORS 807.370.

(3) If the department issues a speciallimited vision condition learner’s permit to aperson under subsection (2) of this section,the department shall send the permit to therehabilitation training program in which theperson is enrolled. [2003 c.277 §3]

807.363 Issuance of driver license toperson with limited vision condition. (1)The Department of Transportation shall issuea driver license to a person with a limitedvision condition if the person:

(a) Complies with the requirements ofORS 807.040; and

(b) Provides a certificate issued by a re-habilitation training specialist certifying thatthe person has successfully completed a re-habilitation training program.

(2) A license issued to a person with alimited vision condition who meets the re-quirements of subsection (1) of this sectionis restricted to authorize operation of a mo-tor vehicle only:

(a) During daylight hours; and(b) When the person is using a bioptic

telescopic lens.

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807.368 OREGON VEHICLE CODE

(3) A person issued a license under thissection shall be examined every two years bya licensed vision specialist who certifies tothe department that the person meets the vi-sion requirements under ORS 807.359.

(4) A person must use a bioptic telescopiclens whenever the person is required to takea test that is an actual demonstration of theperson’s ability to operate a motor vehiclewithout endangering the safety of persons orproperty. [2003 c.277 §4; 2007 c.588 §2; 2013 c.473 §1]

807.368 Form of permit; rehabilitationtraining specialists; rules. (1) The Depart-ment of Transportation shall adopt rules thatestablish:

(a) The form of the special limited visioncondition learner’s permit issued under ORS807.359.

(b) Certification of rehabilitation trainingspecialists, including:

(A) Qualifications or requirements forobtaining certification as a rehabilitationtraining specialist.

(B) The issuance of rehabilitation train-ing specialist certificates.

(C) The regulation of persons issued re-habilitation training specialist certificatesand the rehabilitation training programs of-fered by those persons.

(D) Reasonable fees for issuance of a re-habilitation training specialist certificate.

(E) The forms of certificates to be issued.(2) The department shall adopt by rule

requirements for a person certified by thedepartment as a rehabilitation training spe-cialist to certify the competency of a personwith a limited vision condition to safely ex-ercise driving privileges granted under ORS807.363. [2003 c.277 §5]

807.369 Driving at night. (1) Notwith-standing ORS 807.363, a person with a lim-ited vision condition may operate a vehicleat night if the person:

(a) Is issued a driver license under ORS807.363;

(b) Provides a certificate issued by a re-habilitation training specialist certifying thatthe person has successfully completed a re-habilitation training program and is able tosafely operate a motor vehicle at night; and

(c) Is examined every two years by a li-censed vision specialist who certifies that theperson is able to safely operate a motor ve-hicle at night.

(2) As used in this section, “limited vi-sion condition,” “rehabilitation training spe-cialist” and “rehabilitation trainingprogram” have the meanings given thoseterms in ORS 807.355. [2007 c.588 §8]

FEES807.370 License, endorsement and per-

mit fees. (1) Fees for issuance of or applica-tion for a driving privilege are as follows:

(a) Class C driver license or restrictedClass C driver license, $54.

(b) Class C limited term driver license orrestricted Class C limited term driver li-cense, $23.

(c) Commercial driver license, whetheror not the driver license contains endorse-ments, $75.

(d) Limited term commercial driver li-cense, whether or not the driver licensecontains endorsements, $45.

(e) Instruction driver permit, $23.(f) Commercial learner driver permit, $23.(g) Limited term commercial learner

driver permit, $23.(h) Special student driver permit, $23.(i) Emergency driver permit, $23.(j) Special limited vision condition

learner’s permit, $13.(k) Disability golf cart driver permit, $44.(L) Hardship driver permit application,

$50.(2) In addition to paying a fee under this

section for issuance of a commercial driverlicense of any class, when the Departmentof Transportation accepts skills test resultsfrom a driver competency tester certified un-der ORS 807.080, the person shall pay a feeof $40.

(3) Fees for a motorcycle endorsementare as follows:

(a) In addition to any fee for the endorseddriver license, for an original motorcycleendorsement added at the time of an originalissuance of a driving privilege or with a re-newal or replacement of an existing drivingprivilege, $46.

(b) For an original motorcycle endorse-ment added without an original issuance ofa driving privilege or without a renewal orreplacement of an existing driving privilege,$49.

(c) A Motorcycle Safety Subaccount fee:(A) Upon original issuance of a motorcy-

cle endorsement, $38.(B) Upon renewal of a driver license with

a motorcycle endorsement, $28.(4) Fees for a farm endorsement are as

follows:(a) In addition to any fee for the endorsed

driver license, for an original farm endorse-ment added at the time of an original issu-ance of a driving privilege or with a renewal

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or replacement of an existing driving privi-lege, $26.

(b) For an original farm endorsementadded without an original issuance of a driv-ing privilege or without a renewal or re-placement of an existing driving privilege,$29.

(5) Fees for renewal of a driving privilegeare as follows:

(a) Class C driver license, $34.(b) Class C limited term driver license,

$8.(c) Commercial driver license, $55.(d) Limited term commercial driver li-

cense, $14.(e) Instruction driver permit, $23.(f) Disability golf cart driver permit, $32.(6) Fee to replace a driver license or

driver permit, $26.(7) Fees to take tests required for driving

privileges or to remove restrictions are asfollows:

(a) The knowledge test for a Class Cdriver license or Class C limited term driverlicense, $5.

(b) The knowledge test for a motorcycleendorsement, $5.

(c) The knowledge test for any commer-cial driver license or commercial learnerdriver permit, to remove a commercial driv-ing privilege restriction or to add a commer-cial driving privilege endorsement, $10.

(d) The skills test for a Class C driver li-cense or Class C limited term driver license,$9.

(e) The skills test for any commercialdriver license, to remove a restriction or toadd any commercial driver license endorse-ment, $70.

(8) Student Driver Training Fund eligi-bility fee, $6.

(9) Limited term Student Driver TrainingFund eligibility fee, $2.

(10) Fee for reinstatement of revokeddriving privileges under ORS 809.390 orreinstatement of suspended driving privilegesunder ORS 809.380, $75.

(11) The department may adopt rules toprovide for the assessment or retention ofthe skills test fee when a test is scheduledbut the applicant fails to appear at thescheduled time. [1983 c.338 §344; 1985 c.16 §161; 1985c.279 §2; 1985 c.736 §4a; 1985 c.608 §31; 1987 c.790 §3; 1987c.801 §6; 1989 c.161 §2; 1989 c.427 §5; 1989 c.636 §30; 1989c.902 §3a; 1991 c.709 §3; 1991 c.835 §6; 1993 c.288 §3; 1997c.292 §1; 1999 c.91 §2; 1999 c.770 §5; 1999 c.795 §§1,2; 2001c.294 §4; 2001 c.668 §3; 2003 c.14 §485; 2003 c.277 §§9,13;2003 c.618 §49; 2005 c.59 §§2,3; 2005 c.649 §§10,11; 2007c.121 §§3,4; 2007 c.122 §§9,10; 2007 c.588 §6; 2008 c.1

§§17,19; 2009 c.810 §§4,5; 2013 c.237 §33; 2017 c.306 §7; 2018c.76 §8a; 2018 c.114 §1]

807.375 [2005 c.775 §5; repealed by 2018 c.114 §9]807.380 [1985 c.16 §157; 1985 c.258 §3; repealed by

1999 c.91 §8]

807.390 Waiver of certain fees; rules.(1) The Department of Transportation, byrule, may provide for a waiver of the fee un-der ORS 807.160 for issuance of a replace-ment license or driver permit.

(2) Rules adopted by the department un-der this section may provide for waiver ofthe described fee only when all of the fol-lowing apply:

(a) A person requests a change in infor-mation contained on a license or driver per-mit or the department determines suchchange is necessary.

(b) The change in information requestedunder this subsection is generally accom-plished under procedures that do not requirethe issuance of a new license or driver per-mit.

(c) The department decides to issue anew license or driver permit:

(A) For purposes of convenience; or(B) Under circumstances in which the

department does not generally issue a newlicense or driver permit. [1985 c.258 §2; 1999 c.91§7; 2005 c.59 §4]

IDENTIFICATION CARDS807.400 Issuance; application; proof of

address; contents; renewal; fee; validity;replacement; cancellation; rules. (1) TheDepartment of Transportation shall issue anidentification card to any person who:

(a) Is domiciled in or is a resident of thisstate, as described in ORS 807.062;

(b) As required by ORS 807.021 and807.730, provides the Social Security numberassigned to the person by the United StatesSocial Security Administration and proof oflegal presence in the United States or, if theperson is not eligible for a Social Securitynumber, proof of legal presence in the UnitedStates and proof that the person is not eligi-ble for a Social Security number;

(c) Does not have a current, valid driverlicense;

(d) Furnishes evidence of the person’sfull legal name and date of birth; and

(e) Submits to collection of biometricdata by the department that establish theidentity of the person as provided in ORS807.024.

(2) The department shall work with otheragencies and organizations to attempt to im-prove the issuance system for identificationcards.

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(3) Every original application for anidentification card must be signed by the ap-plicant. The department shall require proofto verify the address of an applicant for is-suance of an identification card in additionto other documents the department may re-quire of the applicant. If the address of anapplicant has changed since the last time anidentification card was issued to or renewedfor the applicant, the department shall re-quire proof to verify the address of the ap-plicant for renewal of an identification card,in addition to anything else the departmentmay require. The department shall adoptrules to identify what constitutes proof ofaddress for purposes of this subsection.Proof of address may include, but is not lim-ited to, providing a utility bill, a tax return,a record from a financial institution, a proofof insurance card or a health benefits card,a selective service card, a mortgage docu-ment or a lease agreement. The applicantmay provide the proof of address by submit-ting proof in the form of an original docu-ment or a copy of a document, use anelectronic device to display proof of address,or provide proof through the use of a thirdparty address verification system.

(4) Every identification card shall be is-sued upon the standard driver license formdescribed under ORS 807.110 and shall beara statement to the effect that the identifica-tion card is not a driver license or any othergrant of driving privileges to operate a motorvehicle and is to be used for identificationpurposes only. The department shall use thesame security procedures, processes, materi-als and features for an identification card asare required for a driver license under ORS807.110. The identification card is not re-quired to contain the residence address ofpersons listed in ORS 807.110 (1)(e).

(5) If the identification card is a limitedterm identification card issued under ORS807.730, the limited term identification cardshall indicate:

(a) That it is a limited term identificationcard; and

(b) The date on which the limited termidentification card expires.

(6) Upon order of the juvenile court, thedepartment shall include on the card the factthat the person issued the identification cardis an emancipated minor.

(7) Upon request of the person to whomthe identification card is issued and presen-tation of proof, as determined by the depart-ment by rule, that the person is a veteran,as defined in ORS 408.225, the departmentshall include on the card the fact that theperson is a veteran.

(8) Each original identification card shallexpire on a date consistent with the expira-tion dates of licenses as set forth in ORS807.130.

(9) Identification cards shall be renewedunder the terms for renewal of licenses asset forth in ORS 807.150.

(10) The fee for an original identificationcard or a renewal thereof shall be the feeestablished under ORS 807.410.

(11) An identification card becomes in-valid if the holder of the card changes theholder’s residence address from that shownon the identification card and does not pro-vide the department with notice of thechange as required under ORS 807.420.

(12) If a person to whom an identificationcard was issued and who changes theperson’s residence address submits an appli-cation for a replacement identification card,the department may issue a replacementidentification card containing the new ad-dress upon receipt of the old identificationcard and payment of the fee established un-der ORS 807.410. Except as otherwise pro-vided in subsection (14) of this section, thereplacement identification card shall bearthe same distinguishing number as the cardbeing replaced.

(13) An identification card becomes in-valid if the holder of the card changes theholder’s name from that shown on the card,including a change of name by marriage,without providing the department with no-tice of the change as required under ORS807.420. Upon receiving such notice and theold identification card, the department shallissue a replacement identification card uponpayment of the fee established under ORS807.410.

(14) In the event that, for a reason iden-tified by the department by rule, a personneeds a replacement identification card thatbears a distinguishing number different fromthe number on the card being replaced, theperson to whom the card was issued may ob-tain a replacement card from the departmentupon furnishing proof satisfactory to the de-partment of the need for such replacementand payment of the fee established underORS 807.410.

(15) If a person furnishes proof that theperson is a veteran, as defined in ORS408.225, and the person’s identification carddoes not include the fact that the person isa veteran, the department shall issue a re-placement identification card that includesthe fact that the person is a veteran.

(16) The department may establish byrule reasons for issuing replacement identifi-cation cards that are in addition to the rea-sons identified in subsections (12) to (15) of

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this section. The fee for a replacementidentification card is provided under ORS807.410.

(17) Upon cancellation of an identifica-tion card, the card is terminated and mustbe surrendered to the department. An iden-tification card may be canceled for any of thereasons that driving privileges or a driver li-cense may be canceled under ORS 809.310.The department may reissue an identificationcard canceled under this subsection whenthe applicant has satisfied all requirementsfor the identification card.

(18) Notwithstanding any other provisionof this section, the department may issue anidentification card to a person under thissubsection without charge when the personsurrenders the person’s driver license ordriver permit to the department for reasonsdescribed in this subsection. If the depart-ment issues an identification card under thissubsection, the identification card shall ex-pire at the same time as the surrendereddriver license or driver permit would haveexpired. An identification card issued underthis subsection is subject to the same re-quirements and fees for renewal or upon ex-piration as any other identification cardissued under this section. The departmentmay issue identification cards under thissubsection for any of the following reasons:

(a) The person voluntarily surrenders theperson’s driver license or driver permit tothe department based upon the person’s re-cognition that the person is no longer com-petent to drive.

(b) The person’s driving privileges aresuspended under ORS 809.419 (1). This para-graph only applies if the person voluntarilysurrenders the person’s driver license ordriver permit to the department as providedunder ORS 809.500.

(19) If a person is applying for an iden-tification card that is a Real ID, the personmust comply with the requirements underthe vehicle code for issuance of Real IDs.[1983 c.338 §866; 1985 c.16 §437; 1985 c.174 §13; 1985 c.301§2; 1989 c.535 §2; 1993 c.393 §2a; 1993 c.741 §82; 1993 c.751§48; 2001 c.452 §1; 2003 c.402 §19; 2005 c.59 §10; 2005 c.241§2a; 2005 c.775 §8; 2007 c.542 §§8,9; 2008 c.1 §§21,22; 2010c.61 §3; 2011 c.282 §4; 2015 c.716 §1; 2017 c.568 §18; 2019c.312 §§26,27]

Note 1: The amendments to 807.400 by section 18,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, includingamendments by section 26, chapter 312, Oregon Laws2019, is set forth for the user’s convenience.

807.400. (1) The Department of Transportation shallissue an identification card to any person who:

(a) Is domiciled in or is a resident of this state, asdescribed in ORS 807.062;

(b) As required by ORS 807.021 and 807.730, pro-vides the Social Security number assigned to the person

by the United States Social Security Administration andproof of legal presence in the United States or, if theperson is not eligible for a Social Security number,proof of legal presence in the United States and proofthat the person is not eligible for a Social Securitynumber;

(c) Does not have a current, valid driver license;(d) Furnishes evidence of the person’s full legal

name, age and identity as the department may require;and

(e) Submits to collection of biometric data by thedepartment that establish the identity of the person asprovided in ORS 807.024.

(2) The department shall work with other agenciesand organizations to attempt to improve the issuancesystem for identification cards.

(3) Every original application for an identificationcard must be signed by the applicant. The departmentshall require proof to verify the address of an applicantfor issuance of an identification card in addition toother documents the department may require of the ap-plicant. If the address of an applicant has changed sincethe last time an identification card was issued to orrenewed for the applicant, the department shall requireproof to verify the address of the applicant for renewalof an identification card, in addition to anything elsethe department may require. The department shall adoptrules to identify what constitutes proof of address forpurposes of this subsection. Verification of proof ofaddress may include, but is not limited to, providing autility bill, a tax return, a record from a financial in-stitution, a proof of insurance card or a health benefitscard, a selective service card, a mortgage document ora lease agreement. The applicant may provide the proofof address by submitting proof in the form of an ori-ginal document or a copy of a document, use an elec-tronic device to display proof of address, or provideproof through the use of a third party address verifica-tion system.

(4) Every identification card shall be issued uponthe standard license form described under ORS 807.110and shall bear a statement to the effect that the iden-tification card is not a license or any other grant ofdriving privileges to operate a motor vehicle and is tobe used for identification purposes only. The depart-ment shall use the same security procedures, processes,materials and features for an identification card as arerequired for a license under ORS 807.110. The identifi-cation card is not required to contain the residence ad-dress of persons listed in ORS 807.110 (1)(e).

(5) If the identification card is a limited term iden-tification card issued under ORS 807.730, the limitedterm identification card shall indicate:

(a) That it is a limited term identification card; and(b) The date on which the limited term identifica-

tion card expires.(6) Upon order of the juvenile court, the depart-

ment shall include on the card the fact that the personissued the identification card is an emancipated minor.

(7) Upon request of the person to whom the iden-tification card is issued and presentation of proof, asdetermined by the department by rule, that the personis a veteran, as defined in ORS 408.225, the departmentshall include on the card the fact that the person is aveteran.

(8) Each original identification card shall expireon a date consistent with the expiration dates of li-censes as set forth in ORS 807.130.

(9) Identification cards shall be renewed under theterms for renewal of licenses as set forth in ORS 807.150.

(10) The fee for an original identification card ora renewal thereof shall be the fee established under ORS807.410.

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(11) An identification card becomes invalid if theholder of the card changes the holder’s residence ad-dress from that shown on the identification card anddoes not provide the department with notice of thechange as required under ORS 807.420.

(12) If a person to whom an identification card wasissued and who changes the person’s residence addresssubmits an application for a replacement identificationcard, the department may issue a replacement identifi-cation card containing the new address upon receipt ofthe old identification card and payment of the fee es-tablished under ORS 807.410. Except as otherwise pro-vided in subsection (14) of this section, the replacementidentification card shall bear the same distinguishingnumber as the card being replaced.

(13) An identification card becomes invalid if theholder of the card changes the holder’s name from thatshown on the card, including a change of name bymarriage, without providing the department with noticeof the change as required under ORS 807.420. Upon re-ceiving such notice and the old identification card, thedepartment shall issue a replacement identification cardupon payment of the fee established under ORS 807.410.

(14) In the event that, for a reason identified by thedepartment by rule, a person needs a replacement iden-tification card that bears a distinguishing number dif-ferent from the number on the card being replaced, theperson to whom the card was issued may obtain a re-placement card from the department upon furnishingproof satisfactory to the department of the need forsuch replacement and payment of the fee establishedunder ORS 807.410.

(15) If a person furnishes proof that the person isa veteran, as defined in ORS 408.225, and the person’sidentification card does not include the fact that theperson is a veteran, the department shall issue a re-placement identification card that includes the fact thatthe person is a veteran.

(16) The department may establish by rule reasonsfor issuing replacement identification cards that are inaddition to the reasons identified in subsections (12) to(15) of this section. The fee for a replacement identifi-cation card is provided under ORS 807.410.

(17) Upon cancellation of an identification card, thecard is terminated and must be surrendered to the de-partment. An identification card may be canceled forany of the reasons that driving privileges or a driverlicense may be canceled under ORS 809.310. The de-partment may reissue an identification card canceledunder this subsection when the applicant has satisfiedall requirements for the identification card.

(18) Notwithstanding any other provision of thissection, the department may issue an identification cardto a person under this subsection without charge whenthe person surrenders the person’s driver license ordriver permit to the department for reasons describedin this subsection. If the department issues an identifi-cation card under this subsection, the identificationcard shall expire at the same time as the surrendereddriver license or driver permit would have expired. Anidentification card issued under this subsection is sub-ject to the same requirements and fees for renewal orupon expiration as any other identification card issuedunder this section. The department may issue identifi-cation cards under this subsection for any of the fol-lowing reasons:

(a) The person voluntarily surrenders the person’sdriver license or driver permit to the department basedupon the person’s recognition that the person is nolonger competent to drive.

(b) The person’s driving privileges are suspendedunder ORS 809.419 (1). This paragraph only applies ifthe person voluntarily surrenders the person’s driverlicense or driver permit to the department as providedunder ORS 809.500.

Note 2: The amendments to 807.400 by section 6,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.400. (1) The Department of Transportation shallissue an identification card to any person who:

(a) Is domiciled in or is a resident of this state, asdescribed in ORS 807.062;

(b) When applying for an identification card thatis not a Real ID, provides the Social Security numberassigned to the person by the United States Social Se-curity Administration or a written statement that theperson has not been assigned a Social Security number,as required under ORS 807.021;

(c) Does not have a current, valid driver license;(d) Furnishes evidence of the person’s full legal

name and date of birth; and(e) Submits to collection of biometric data by the

department that establish the identity of the person asprovided in ORS 807.024.

(2) The department shall work with other agenciesand organizations to attempt to improve the issuancesystem for identification cards.

(3) Every original application for an identificationcard must be signed by the applicant. The departmentshall require proof to verify the address of an applicantfor issuance of an identification card in addition toother documents the department may require of the ap-plicant. If the address of an applicant has changed sincethe last time an identification card was issued to orrenewed for the applicant, the department shall requireproof to verify the address of the applicant for renewalof an identification card, in addition to anything elsethe department may require. The department shall adoptrules to identify what constitutes proof of address forpurposes of this subsection. Proof of address may in-clude, but is not limited to, providing a utility bill, atax return, a record from a financial institution, a proofof insurance card or a health benefits card, a selectiveservice card, a mortgage document or a lease agree-ment. The applicant may provide the proof of addressby submitting proof in the form of an original documentor a copy of a document, use an electronic device todisplay proof of address, or provide proof through theuse of a third party address verification system.

(4) Every identification card shall be issued uponthe standard driver license form described under ORS807.110 and shall bear a statement to the effect that theidentification card is not a driver license or any othergrant of driving privileges to operate a motor vehicleand is to be used for identification purposes only. Thedepartment shall use the same security procedures,processes, materials and features for an identificationcard as are required for a driver license under ORS807.110. The identification card is not required to con-tain the residence address of persons listed in ORS807.110 (1)(e).

(5) If the identification card is a limited term iden-tification card issued under ORS 807.730, the limitedterm identification card shall indicate:

(a) That it is a limited term identification card; and(b) The date on which the limited term identifica-

tion card expires.(6) Upon order of the juvenile court, the depart-

ment shall include on the card the fact that the personissued the identification card is an emancipated minor.

(7) Upon request of the person to whom the iden-tification card is issued and presentation of proof, asdetermined by the department by rule, that the personis a veteran, as defined in ORS 408.225, the department

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shall include on the card the fact that the person is aveteran.

(8) Each original identification card shall expireon a date consistent with the expiration dates of li-censes as set forth in ORS 807.130.

(9) Identification cards shall be renewed under theterms for renewal of licenses as set forth in ORS 807.150.

(10) The fee for an original identification card ora renewal thereof shall be the fee established under ORS807.410.

(11) An identification card becomes invalid if theholder of the card changes the holder’s residence ad-dress from that shown on the identification card anddoes not provide the department with notice of thechange as required under ORS 807.420.

(12) If a person to whom an identification card wasissued and who changes the person’s residence addresssubmits an application for a replacement identificationcard, the department may issue a replacement identifi-cation card containing the new address upon receipt ofthe old identification card and payment of the fee es-tablished under ORS 807.410. Except as otherwise pro-vided in subsection (14) of this section, the replacementidentification card shall bear the same distinguishingnumber as the card being replaced.

(13) An identification card becomes invalid if theholder of the card changes the holder’s name from thatshown on the card, including a change of name bymarriage, without providing the department with noticeof the change as required under ORS 807.420. Upon re-ceiving such notice and the old identification card, thedepartment shall issue a replacement identification cardupon payment of the fee established under ORS 807.410.

(14) In the event that, for a reason identified by thedepartment by rule, a person needs a replacement iden-tification card that bears a distinguishing number dif-ferent from the number on the card being replaced, theperson to whom the card was issued may obtain a re-placement card from the department upon furnishingproof satisfactory to the department of the need forsuch replacement and payment of the fee establishedunder ORS 807.410.

(15) If a person furnishes proof that the person isa veteran, as defined in ORS 408.225, and the person’sidentification card does not include the fact that theperson is a veteran, the department shall issue a re-placement identification card that includes the fact thatthe person is a veteran.

(16) The department may establish by rule reasonsfor issuing replacement identification cards that are inaddition to the reasons identified in subsections (12) to(15) of this section. The fee for a replacement identifi-cation card is provided under ORS 807.410.

(17) Upon cancellation of an identification card, thecard is terminated and must be surrendered to the de-partment. An identification card may be canceled forany of the reasons that driving privileges or a driverlicense may be canceled under ORS 809.310. The de-partment may reissue an identification card canceledunder this subsection when the applicant has satisfiedall requirements for the identification card.

(18) Notwithstanding any other provision of thissection, the department may issue an identification cardto a person under this subsection without charge whenthe person surrenders the person’s driver license ordriver permit to the department for reasons describedin this subsection. If the department issues an identifi-cation card under this subsection, the identificationcard shall expire at the same time as the surrendereddriver license or driver permit would have expired. Anidentification card issued under this subsection is sub-ject to the same requirements and fees for renewal orupon expiration as any other identification card issuedunder this section. The department may issue identifi-

cation cards under this subsection for any of the fol-lowing reasons:

(a) The person voluntarily surrenders the person’sdriver license or driver permit to the department basedupon the person’s recognition that the person is nolonger competent to drive.

(b) The person’s driving privileges are suspendedunder ORS 809.419 (1). This paragraph only applies ifthe person voluntarily surrenders the person’s driverlicense or driver permit to the department as providedunder ORS 809.500.

(19) If a person is applying for an identificationcard that is a Real ID, the person must comply with therequirements under the vehicle code for issuance of RealIDs.

807.405 Applicant temporary identifi-cation card; rules. (1) The Department ofTransportation shall provide for the issuanceof applicant temporary identification cards ina manner consistent with this section.

(2) The department may issue an appli-cant temporary identification card to an ap-plicant while the department is determiningall facts relative to the application for anidentification card.

(3) An applicant temporary identificationcard is valid for a period of 30 days from thedate issued. The department may extend theterm of the applicant temporary identifica-tion card for sufficient cause. An extensionof the term of the applicant temporary iden-tification card may not exceed an additional30 days.

(4) If an applicant has complied with allthe requirements for an application for anidentification card, except that the applicantis unable to produce the documentation re-quired by the department under ORS 807.021and 807.730, the department, at the time ofapplication, may issue to the applicant anapplicant temporary identification card asprovided in this section if the applicant cer-tifies that the applicant is, to the best of theapplicant’s knowledge, legally present in theUnited States.

(5) An applicant temporary identificationcard issued to an applicant under subsection(4) of this section is valid for a period of 90days from the date issued. The departmentmay extend the term of the permit up to twotimes for sufficient cause. Each extension ofthe term of the permit may not exceed 90days.

(6) Notwithstanding subsection (5) of thissection, the department may, in the mannerprovided by rule, further extend the term ofthe applicant temporary identification cardfor an applicant who needs additional timeto obtain the documentation required underORS 807.021 and 807.730.

(7) An applicant temporary identificationcard automatically becomes invalid if theapplicant’s identification card is issued orrefused for good cause.

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(8) The department may not charge a feefor issuance of an applicant temporary iden-tification card under this section. [2005 c.775§10; 2008 c.1 §28; 2011 c.9 §99; 2011 c.282 §5]

Note: The amendments to 807.405 by section 22,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.405. (1) The Department of Transportation shallprovide for the issuance of applicant temporary iden-tification cards in a manner consistent with this section.

(2) The department may issue an applicant tempo-rary identification card to an applicant while the de-partment is determining all facts relative to theapplication for an identification card.

(3) An applicant temporary identification card isvalid for a period of 30 days from the date issued. Thedepartment may extend the term of the applicant tem-porary identification card for sufficient cause. An ex-tension of the term of the applicant temporaryidentification card may not exceed an additional 30days.

(4) An applicant temporary identification card au-tomatically becomes invalid if the applicant’s identifi-cation card is issued or refused for good cause.

(5) The department may not charge a fee for issu-ance of an applicant temporary identification card un-der this section.

807.410 Fees. (1) The following fees applyto identification cards unless otherwise pro-vided by ORS 807.400 or otherwise providedby law:

(a) For issuance of an original identifica-tion card, $44.50.

(b) For renewal of an identification card,$40.50.

(c) For replacement of an identificationcard, $39.50.

(d) For reinstatement of an identificationcard after suspension, $75.

(e) For issuance of an original limitedterm identification card, $20.

(f) For renewal of a limited term identifi-cation card, $18.

(g) For replacement of a limited termidentification card, $39.50.

(2) The Department of Transportationmay not charge a fee for issuing, renewingor replacing a parking identification card.[1983 c.338 §867; 1985 c.16 §438; 1985 c.174 §14; 1985 c.301§3; 1985 c.736 §7; 1987 c.790 §4; 1989 c.902 §4; 1993 c.393§2b; 1999 c.91 §3; 2001 c.668 §4; 2003 c.601 §3; 2008 c.1§§23,25; 2009 c.865 §§46,47; 2019 c.15 §1]

807.420 Failure to notify departmenton change of name or address; rules;penalty. (1) A person to whom an identifica-tion card is issued under ORS 807.400 com-mits the offense of failure to notify theDepartment of Transportation on change ofidentification card holder name or address ifthe person does not notify the department in

a manner authorized by the department byrule upon any change of the person’s:

(a) Residence address from that noted onthe person’s identification card as issued; or

(b) Name from that noted on the person’sidentification card as issued, including achange of name by marriage.

(2) Notice required under this section:(a) Must be given within 30 days of the

change.(b) Must be given in person for a change

of name.(3) The department shall note on its re-

cords any change reported to the departmentunder this section.

(4) The offense described in this section,failure to notify department on change ofidentification card holder name or address,is a Class D traffic violation. [1983 c.338 §868;1993 c.751 §49; 2003 c.129 §2]

807.430 Misuse of identification card;penalty. (1) A person commits the offense ofmisuse of an identification card if the personperforms any act in relation to an identifica-tion card issued under ORS 807.400 that isprohibited in relation to a license under ORS807.530, 807.580 to 807.600 or 809.500 or failsto perform any act in relation to an identifi-cation card issued under ORS 807.400 that isrequired in relation to a license under ORS807.530, 807.580 to 807.600 or 809.500.

(2) The offense described by this section,misuse of identification card, is a Class Amisdemeanor. [1983 c.338 §869; 1985 c.393 §67; 1987c.262 §3]

REAL ID807.450 Definition. “Real ID” means a

driver license, driver permit or identificationcard that complies with the Real ID Act of2005, P.L. 109-13, that is issued by this stateand marked with a distinguishing feature.[2017 c.568 §3]

Note: 807.450 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

807.455 Issuance, replacement and re-newal; requirements. (1) The Departmentof Transportation shall issue a Real ID toany person who:

(a) Meets the requirements for a driverlicense, driver permit or identification cardas described in the vehicle code;

(b) Submits proof, as required by rule bythe department, establishing the person’s:

(A) Identity;(B) Date of birth;(C) Social Security number, or proof that

the person is not eligible for a Social Secu-rity number; and

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(D) Lawful status in the United States;(c) Pays the fee described in ORS 807.460;

and(d) Surrenders any Real ID previously is-

sued to the person by this state or anotherjurisdiction.

(2) If there is any change to theapplicant’s name, date of birth or Social Se-curity number after the department issues aReal ID to the applicant, the department maynot replace or renew the Real ID unless theapplicant appears in person and submitsproof of the change, as required by rule bythe department. [2017 c.568 §4]

Note: 807.455 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

807.460 Fees. (1) In addition to any feeimposed under ORS 807.370 or 807.410, theDepartment of Transportation shall impose afee for each Real ID issued, renewed or re-placed, for the purpose of covering the addi-tional costs to the department related to theissuance of Real IDs.

(2) An applicant who applies for a RealID driver license as an original driver licenseshall pay the driver license issuance fee un-der ORS 807.370, plus the fee described insubsection (1) of this section.

(3) An applicant who applies to replacea current driver license with a Real IDdriver license shall pay the driver licensereplacement fee under ORS 807.370, plus thefee described in subsection (1) of this section.

(4) An applicant who applies to renew adriver license with a Real ID driver licenseshall pay the driver license renewal fee un-der ORS 807.370, plus the fee described insubsection (1) of this section.

(5) In addition to the fees in subsection(2), (3) or (4) of this section, an applicantwho applies for a class of driver license thatis different from the driver license the appli-cant currently holds, or who applies to addor remove an endorsement, as part of RealID issuance, shall pay the fees associatedwith the new class of license or the endorse-ment for which the applicant is applying.[2017 c.568 §5; 2018 c.60 §1; 2018 c.114 §7]

Note: 807.460 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

807.465 Document retention. For thepurpose of issuing Real IDs only, the De-partment of Transportation shall:

(1) Capture digital images of identitysource documents and retain the images ina transferable format.

(2) Retain digital images of identitysource documents for a minimum of 10 years.[2017 c.568 §6]

Note: 807.465 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

807.470 Disclosure of identity sourcedocuments. (1) Except as provided in sub-section (2) of this section, an officer, em-ployee or contractor of the Department ofTransportation may not knowingly disclose,or otherwise make available to any personcopies of, identity source documents submit-ted to the department in connection with anapplication for a driver license, driver permitor identification card.

(2) An officer, employee or contractor ofthe department may make information orcopies described in subsection (1) of this sec-tion available to the agency that issued theidentity source document for the purpose ofverifying the identity source document. [2017c.568 §7]

Note: 807.470 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

807.475 Fingerprint requirements. (1)The Department of Transportation may re-quire all employees, volunteers or contrac-tors with access to systems that enable themto affect the information that appears ondriver licenses, driver permits or identifica-tion cards to be fingerprinted.

(2) Fingerprints acquired under this sec-tion may be used for the purpose of request-ing state or nationwide criminal recordschecks under ORS 181A.195. [2017 c.568 §8]

Note: 807.475 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

807.480 Verification of lawful status inthe United States; rules. (1) The Depart-ment of Transportation shall verify anapplicant’s Social Security number before is-suing an original or renewal Real ID.

(2) The department shall verify theapplicant’s lawful status in the United Statesbefore issuing an original Real ID.

(3) The department shall verify the lawfulstatus in the United States of an applicantwho is not a citizen of the United Stateswhen the applicant is applying to renew aReal ID.

(4) Notwithstanding the requirements ofsubsections (2) and (3) of this section, thedepartment may verify the lawful status inthe United States of any applicant applyingfor renewal or replacement of a Real ID, asdetermined by the department by rule.

(5) The department shall determine, byrule, expiration dates for a Real ID issued toa person who is not a citizen or permanentlegal resident of the United States. To theextent possible, rules adopted by the depart-ment under this section must be uniformwith any applicable federal regulations re-lated to Real ID. [2017 c.568 §9; 2019 c.312 §34]

Note: 807.480 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017. The amend-ments to 807.480 by section 34, chapter 312, Oregon Laws

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807.485 OREGON VEHICLE CODE

2019, become operative July 1, 2020. See section 37,chapter 312, Oregon Laws 2019.

807.485 Public information program.The Department of Transportation shall de-velop a public information program to edu-cate driver license, driver permit andidentification card applicants and the generalpublic about:

(1) The differences between Real IDs anddriver licenses, driver permits or identifica-tion cards that are not Real IDs, includingbut not limited to information about cost,document storage and function.

(2) Alternatives to obtaining a Real ID toaccess federal facilities and board federallyregulated commercial aircraft. [2017 c.568 §10]

Note: 807.485 becomes operative July 1, 2020. Seesection 21, chapter 568, Oregon Laws 2017.

OFFENSES807.500 Unlawful production of certain

documents; affirmative defense; penalty.(1) A person commits the offense of unlawfulproduction of identification cards, licenses,permits, forms or camera cards if the person,without the authority of the Department ofTransportation, advertises for the productionof, produces in any way or causes to beproduced any facsimiles of the identificationcards, licenses, permits, forms or cameracards upon which the department issuesidentification cards, licenses or driver per-mits under the vehicle code.

(2) The offense described in this section,unlawful production of identification cards,licenses, permits, forms or camera cards, isa Class C felony.

(3) It is an affirmative defense to violat-ing subsection (1) of this section that theperson charged with the offense was under21 years of age at the time of committing theoffense and the person produced an identifi-cation card, license or permit solely for thepurpose of enabling the person to purchasealcohol, tobacco products as defined in ORS431A.175 or inhalant delivery systems as de-fined in ORS 431A.175. [1983 c.338 §330; 1985 c.597§19; 1993 c.393 §3; 2003 c.633 §1; 2015 c.158 §27; 2017 c.701§17]

807.510 Transfer of documents forpurposes of misrepresentation; penalty.(1) A person commits the offense of transferof documents for the purposes of misrepre-sentation if the person:

(a) Manufactures, produces, sells, offersfor sale or transfers to another person anydocument purporting to be a certified copyof a record of a live birth, certificate ofbaptism, driver license or any other docu-ment designated by the Department ofTransportation by rule as acceptable for es-tablishing age or identity; and

(b) Knows or has reason to know thatthe document may be used to represent aperson as another person in obtaining docu-ments issued by a government agency togrant driving privileges or for identificationpurposes.

(2) The offense described in this section,transfer of documents for purposes of mis-representation, is a Class A misdemeanor.[1983 c.338 §331; 1985 c.597 §20; 1993 c.393 §4; 2013 c.366§84]

807.520 False swearing to receive li-cense; penalty. (1) A person commits theoffense of false swearing to receive a driverlicense if the person makes any false affida-vit or knowingly swears or affirms falsely toany matter required to be sworn to or af-firmed in the process of applying for, receiv-ing and holding a license or driver permitunder the vehicle code.

(2) The offense described in this section,false swearing to receive a driver license, isa Class A misdemeanor. [1983 c.338 §332]

807.530 False application for license;penalty. (1) A person commits the offense ofproviding a false application for a license ifthe person in applying for a license or driverpermit or for renewal or replacement thereofunder the vehicle code knowingly:

(a) Uses or gives a false or fictitiousname or identity;

(b) Gives or uses a false or fictitious ad-dress;

(c) Gives or uses a false age;(d) Makes a false statement;(e) Conceals a material fact;(f) Uses or attempts to use false identifi-

cation documents;(g) Allows another person to take any

test related to issuance of a license or permiton behalf of the applicant; or

(h) Otherwise commits fraud in the ap-plication.

(2) The offense described in this section,providing a false application for a license, isa Class A misdemeanor. [1983 c.338 §333; 1985 c.16§153; 1993 c.393 §5; 1999 c.770 §3; 2005 c.59 §9]

807.540 Failure to surrender prior li-cense; penalty. (1) A person commits theoffense of failing to surrender a prior licenseif the person accepts a license or driver per-mit issued by the Department of Transporta-tion to that person without first surrenderingall out-of-state licenses or driver permits is-sued to that person.

(2) The offense described in this section,failure to surrender a prior license, is aClass D traffic violation. [1983 c.338 §334; 1985c.16 §154; 1985 c.597 §21; 1995 c.383 §9]

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807.550 Holding multiple licenses; pen-alty. (1) A person commits the offense ofholding multiple licenses if the person ap-plies for and accepts a license or driver per-mit, other than an instruction driver permit,when the person holds an existing license ordriver permit.

(2) The offense described in this section,holding multiple licenses, is a Class B trafficviolation. [1983 c.338 §335; 1985 c.608 §30]

807.560 Failure to notify departmentupon change of address or name; rules;penalty. (1) A person to whom a license ordriver permit is issued commits the offenseof failure to notify upon change of driver ad-dress or name if the person does not notifythe Department of Transportation in a man-ner authorized by the department by ruleupon any change of the person’s:

(a) Residence address from that noted onthe person’s license or driver permit as is-sued or on the department’s records;

(b) Name from that noted on the person’slicense or driver permit as issued, includinga change of name by marriage; or

(c) Place of employment, if the person isa corrections officer, as provided in ORS802.253, or an eligible employee, as definedin ORS 802.250, whose place of employmentaddress is noted on department records inaccordance with ORS 802.250 or 802.253.

(2) Notice required under this section:(a) Must be given within 30 days of

change of driver address or name.(b) Must be given in person for a change

of name.(3) The department shall note on its re-

cords any change reported to the departmentunder this section.

(4) Failure to notify upon change ofdriver address or name is a Class D trafficviolation. [1983 c.338 §337; 1985 c.563 §8; 1989 c.695§2; 1991 c.523 §8; 2003 c.129 §3; 2005 c.292 §9; 2019 c.312§17]

807.570 Failure to carry or present li-cense; penalty. (1) A person commits theoffense of failure to carry a license or topresent a license to a police officer if theperson either:

(a) Drives any motor vehicle upon ahighway in this state without a license,driver permit or out-of-state license in theperson’s possession; or

(b) Does not present and deliver such li-cense or permit to a police officer when re-quested by the police officer under any of thefollowing circumstances:

(A) Upon being lawfully stopped or de-tained when driving a vehicle.

(B) When the vehicle that the person wasdriving is involved in an accident.

(2) This section does not apply to anyperson expressly exempted under ORS807.020 from the requirement to have adriver license or driver permit.

(3) Except as provided in ORS 813.110, itis a defense to any charge under this sectionthat the person so charged produce a license,driver permit or out-of-state license that hadbeen issued to the person and was valid atthe time of violation of this section.

(4) A police officer may detain a personarrested or cited for the offense described inthis section only for such time as reasonablynecessary to investigate and verify theperson’s identity.

(5) The offense described in this section,failure to carry a license or to present a li-cense to a police officer, is a Class C misde-meanor. [1983 c.338 §339; 1985 c.16 §158; 1987 c.217§6]

807.580 Using invalid license; penalty.(1) A person commits the offense of using aninvalid license if the person knowingly dis-plays or permits to be displayed or possessesany license or driver permit that the personknows is fictitious, canceled, revoked, sus-pended or fraudulently altered.

(2) The offense described in this section,using an invalid license, is a Class A misde-meanor. [1983 c.338 §340]

807.590 Permitting misuse of license;penalty. (1) A person commits the offense ofpermitting misuse of a license if the personhas been issued a license or driver permitand the person knowingly lends the licenseor driver permit to another or knowinglypermits another person to use the license ordriver permit.

(2) The offense described in this section,permitting misuse of a license, is a Class Amisdemeanor. [1983 c.338 §341]

807.600 Using another’s license; pen-alty. (1) A person commits the offense of us-ing another’s license if the person knowinglydisplays or represents as the person’s licenseor driver permit a license or driver permitthat has not been issued to the person.

(2) The offense described in this section,using another’s license, is a Class A misde-meanor. [1983 c.338 §342; 1985 c.16 §159]

807.610 Employing or providing vehicleto unqualified driver; penalty. (1) A personcommits the offense of employing or provid-ing a vehicle to an unqualified driver if theperson does any of the following:

(a) Employs another person for the pur-pose of engaging in a particular type of op-eration of a vehicle for which the persondoes not have an appropriate grant of driving

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privileges from this state in the form of a li-cense, driver permit, endorsement or statu-tory grant of driving privileges allowing theperson to engage in the particular type ofoperation.

(b) Rents, leases or otherwise furnishesa motor vehicle owned or controlled by theperson to any other person without first see-ing the other person’s license, driver permitor license with endorsement allowing theperson, under the vehicle code, to operatethe particular type of vehicle being fur-nished.

(2) The offense described in this section,employing or providing a vehicle to an un-qualified driver, is a Class D traffic violation.[1985 c.608 §7; 1995 c.383 §10; 2003 c.14 §486]

807.620 Giving false information topolice officer; penalty. (1) A person com-mits the offense of giving false informationto a police officer if the person knowinglyuses or gives a false or fictitious name, ad-dress or date of birth to any police officerwho is enforcing motor vehicle laws.

(2) The offense described in this section,giving false information to a police officer, isa Class A misdemeanor. [1983 c.338 §343; 1985 c.16§160; 1985 c.597 §22]

807.630 [1987 c.744 §9; repealed by 1989 c.636 §54]

MISCELLANEOUS807.700 Notification to department as

to released persons with mental retarda-tion or mental illness who are licensedoperators. (1) It shall be the duty of the su-perintendent of the hospital for persons withmental retardation or mental illness to notifythe Department of Transportation as to re-leased licensed operators who, in the opinionof the superintendent, should not drive be-cause of their mental condition.

(2) Upon receipt of information submittedunder this section, the department is subjectto the provisions relating to this section un-der ORS 809.419. [1985 c.16 §436; 2003 c.402 §20; 2007c.70 §328]

807.710 Reports of persons with cogni-tive or functional impairment; rules;forms. (1) For the purposes of this section:

(a) “Physician” means a person whoholds a degree of Doctor of Medicine orDoctor of Osteopathic Medicine and is li-censed under ORS 677.100 to 677.228 and aperson who holds a degree of Doctor of Na-turopathic Medicine and is licensed underORS chapter 685.

(b) “Health care provider” means a per-son licensed, certified or otherwise author-ized or permitted by the laws of this state toadminister health care.

(2) In consultation with medical expertsand experts on cognitive or functional im-pairments, the Department of Transportationshall adopt rules requiring reporting and:

(a) Designating physicians and healthcare providers required to report to the de-partment a person whose cognitive or func-tional impairment affects that person’sability to safely operate a motor vehicle.

(b) Designating the cognitive or func-tional impairments that are likely to affecta person’s ability to safely operate a motorvehicle.

(3) Determinations regarding a person’sability to safely operate a motor vehicle maynot be based solely on the diagnosis of amedical condition or cognitive or functionalimpairment, but must be based on the actualeffect of that condition or impairment on theperson’s ability to safely operate a motor ve-hicle.

(4) Reports required by the departmentunder this section shall be upon forms pre-scribed or provided by the department. Eachreport shall include the person’s name, ad-dress, date of birth, sex and a description ofhow the person’s current medical status af-fects the person’s ability to safely operate amotor vehicle. The department shall con-sider this information in determining theperson’s eligibility for a driver license ordriver permit.

(5) A designated physician or health careprovider may at any time report to the de-partment a person whose cognitive or func-tional impairment affects that person’sability to safely operate a motor vehicle,without regard to whether that report is re-quired by rules of the department adoptedunder subsection (2) of this section. If thereport is made in good faith, the physicianor health care provider is immune from civilliability that might otherwise result frommaking the report. A designated physician orhealth care provider is immune from civil li-ability for failure to make a report under thissection, without regard to whether that re-port is required by rules of the departmentadopted under subsection (2) of this section.

(6) Except as provided in ORS 802.240,reports made under this section are confi-dential and shall be used by the departmentonly to determine the qualifications of per-sons to operate motor vehicles upon thehighways. [1983 c.338 §872; 1999 c.770 §2; 2001 c.736§1; 2003 c.462 §1; 2007 c.195 §2; 2007 c.434 §3; 2013 c.65§1; 2017 c.409 §41]

807.720 Filing of death records withdepartment. On or before the 15th day ofeach month, the Director of the OregonHealth Authority shall forward to the De-partment of Transportation a copy of the

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death record of any persons within the juris-diction of the Director of the Oregon HealthAuthority who died from a motor vehicle ac-cident during the preceding calendar month.[1983 c.338 §871; 1985 c.16 §440; 2009 c.595 §1139; 2013c.366 §85]

807.725 Issuance of fictitious driver li-censes and identification cards; rules;fees. (1) If requested to do so by a law en-forcement agency, the Department of Trans-portation may issue or renew a fictitiousdriver license or identification card for a lawenforcement official for use in dischargingthe undercover criminal investigative dutiesof the law enforcement agency.

(2) The fees for issuance and renewal ofa fictitious driver license or fictitious iden-tification card issued under this section shallbe the fees established for issuance and re-newal of a driver license under ORS 807.370or the fees established for issuance and re-newal of an identification card under ORS807.410.

(3) The department may determine byrule:

(a) What is considered a law enforcementagency for the purposes of this section; and

(b) The criteria for making a request un-der this section.

(4) The department may maintain a driv-ing record under ORS 802.200 for a fictitiousdriver license or fictitious identification cardissued under this section.

(5) All information submitted to andmaintained by the department regarding thetrue identity of a law enforcement officialunder this section is confidential. The de-partment may only disclose information re-garding the true identity of a lawenforcement official to a law enforcementagency upon request. [2009 c.258 §4; 2018 c.114 §8]

807.730 Issuance of limited term driverlicenses, permits and identification cards;rules. (1) The Department of Transportationmay issue or replace a limited term driverlicense, limited term commercial driver li-cense, limited term driver permit, limitedterm commercial learner driver permit orlimited term identification card only for aperson who provides proof, as determined bythe department by rule, that the person islegally present in the United States on atemporary basis.

(2) A limited term driver license, limitedterm commercial driver license or limitedterm identification card is valid:

(a) During the applicant’s authorized stayin the United States, but no longer thaneight years from the date of issuance; or

(b) If there is no definite end to the au-thorized stay, for a period of one year.

(3) A limited term driver permit or alimited term commercial learner driver per-mit is valid:

(a) During the applicant’s authorized stayin the United States, but no longer than theperiod of time for which a driver permit ofthe same type is issued by the department.

(b) If there is no definite end to the au-thorized stay, for a period of one year but nolonger than the period of time for which adriver permit of the same type is issued bythe department.

(4) A limited term driver license, limitedterm commercial driver license, limited termdriver permit, limited term commerciallearner driver permit or limited term iden-tification card may be renewed only uponpresentation of valid documentation, as de-termined by the department by rule, that thestatus by which the applicant qualified forthe limited term driver license, limited termcommercial driver license, limited termdriver permit, limited term commerciallearner driver permit or limited term iden-tification card has been extended or is stillin effect.

(5) A limited term driver license or lim-ited term driver permit grants the sameprivileges as a driver license or driver per-mit.

(6) A limited term identification cardshall bear a statement to the effect that thelimited term identification card is not a li-cense or any other grant of driving privilegesto operate a motor vehicle and is to be usedfor identification purposes only.

(7) A limited term commercial driver li-cense or limited term commercial learnerdriver permit grants the same privileges asa commercial driver license or commerciallearner driver permit.

(8) The department may issue a limitedterm commercial driver license or limitedterm commercial learner driver permit if theapplicant is otherwise eligible for commercialdriving privileges. The department mayadopt rules describing eligibility require-ments for limited term commercial driver li-censes and limited term commercial learnerdriver permits.

(9) A limited term driver license, limitedterm commercial driver license or limitedterm identification card shall clearly indicatethat it is a limited term driver license, lim-ited term commercial driver license or lim-ited term identification card and indicate thedate on which it expires. [2008 c.1 §4; 2009 c.258§1; 2017 c.306 §6; 2017 c.568 §19]

Note 1: The amendments to 807.730 by section 19,chapter 568, Oregon Laws 2017, become operative July1, 2020. See section 21, chapter 568, Oregon Laws 2017.The text that is operative until July 1, 2020, is set forthfor the user’s convenience.

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807.730. (1) The Department of Transportation mayissue or replace a limited term driver license, limitedterm commercial driver license, limited term driver per-mit, limited term commercial learner driver permit orlimited term identification card only for a person whoprovides proof, as determined by the department byrule, that the person is legally present in the UnitedStates on a temporary basis.

(2) A limited term driver license, limited term com-mercial driver license or limited term identification cardis valid:

(a) During the applicant’s authorized stay in theUnited States, but no longer than eight years from thedate of issuance; or

(b) If there is no definite end to the authorizedstay, for a period of one year.

(3) A limited term driver permit or a limited termcommercial learner driver permit is valid:

(a) During the applicant’s authorized stay in theUnited States, but no longer than the period of time forwhich a driver permit of the same type is issued by thedepartment.

(b) If there is no definite end to the authorizedstay, for a period of one year but no longer than theperiod of time for which a driver permit of the sametype is issued by the department.

(4) A limited term driver license, limited term com-mercial driver license, limited term driver permit, lim-ited term commercial learner driver permit or limitedterm identification card may be renewed only uponpresentation of valid documentation, as determined bythe department by rule, that the status by which theapplicant qualified for the limited term driver license,limited term commercial driver license, limited termdriver permit, limited term commercial learner driverpermit or limited term identification card has been ex-tended or is still in effect.

(5) A limited term driver license or limited termdriver permit grants the same privileges as a driver li-cense or driver permit.

(6) A limited term identification card shall bear astatement to the effect that the limited term identifica-tion card is not a license or any other grant of drivingprivileges to operate a motor vehicle and is to be usedfor identification purposes only.

(7) A limited term commercial driver license orlimited term commercial learner driver permit grantsthe same privileges as a commercial driver license orcommercial learner driver permit.

(8) The department may issue a limited term com-mercial driver license or limited term commerciallearner driver permit if the applicant is otherwise eligi-ble for commercial driving privileges. The departmentmay adopt rules describing eligibility requirements forlimited term commercial driver licenses and limited termcommercial learner driver permits.

Note 2: The amendments to 807.730 by section 7,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

807.730. (1) The Department of Transportation mayissue or replace a Real ID limited term driver license,Real ID limited term commercial driver license, Real IDlimited term driver permit, limited term commerciallearner driver permit, limited term commercial driverlicense that is not a Real ID or Real ID limited termidentification card only for a person who providesproof, as determined by the department by rule, that theperson has lawful status in the United States on atemporary basis.

(2) A Real ID limited term driver license, Real IDlimited term commercial driver license, limited termcommercial driver license that is not a Real ID or RealID limited term identification card is valid:

(a) During the applicant’s authorized stay in theUnited States, but no longer than eight years from thedate of issuance; or

(b) If there is no definite end to the authorizedstay, for a period of one year.

(3) A Real ID limited term driver permit or a lim-ited term commercial learner driver permit is valid:

(a) During the applicant’s authorized stay in theUnited States, but no longer than the period of time forwhich a driver permit of the same type is issued by thedepartment.

(b) If there is no definite end to the authorizedstay, for a period of one year but no longer than theperiod of time for which a driver permit of the sametype is issued by the department.

(4) A Real ID limited term driver license, Real IDlimited term commercial driver license, limited termcommercial driver license that is not a Real ID, Real IDlimited term driver permit or Real ID limited termidentification card may be renewed only upon presenta-tion of valid documentation, as determined by the de-partment by rule, that the status by which the applicantqualified for the Real ID limited term driver license,Real ID limited term commercial driver license, limitedterm commercial driver license that is not a Real ID,Real ID limited term driver permit or Real ID limitedterm identification card has been extended or is still ineffect.

(5) A Real ID limited term driver license or RealID limited term driver permit grants the same drivingprivileges as a driver license or driver permit.

(6) A Real ID limited term identification card shallbear a statement to the effect that the Real ID limitedterm identification card is not a license or any othergrant of driving privileges to operate a motor vehicleand is to be used for identification purposes only.

(7) A limited term commercial driver license, a RealID limited term commercial driver license or limitedterm commercial learner driver permit grants the sameprivileges as a commercial driver license or commerciallearner driver permit.

(8) The department may issue a Real ID limitedterm commercial driver license, limited term commercialdriver license that is not a Real ID or limited termcommercial learner driver permit if the applicant isotherwise eligible for commercial driving privileges. Thedepartment may adopt rules describing eligibility re-quirements for Real ID limited term commercial driverlicenses, limited term commercial driver licenses thatare not Real ID and limited term commercial learnerdriver permits.

(9) A Real ID limited term driver license, Real IDlimited term commercial driver license, limited termcommercial driver license that is not a Real ID, Real IDlimited term driver permit, limited term commerciallearner driver permit or Real ID limited term identifi-cation card shall clearly indicate on the face of the cardand in the machine readable zone that it is a Real IDlimited term driver license, Real ID limited term com-mercial driver license, limited term commercial driverlicense that is not a Real ID, Real ID limited termdriver permit, limited term commercial learner driverpermit or Real ID limited term identification card andindicate the date on which it expires.

Note: Sections 2 to 5, chapter 60, Oregon Laws2018, provide:

Sec. 2. Section 3 of this 2018 Act is added to andmade a part of the Oregon Vehicle Code. [2018 c.60 §2]

Sec. 3. (1) Notwithstanding ORS 807.021 and807.730, a person is not required to provide proof of le-

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gal presence in the United States when applying for alimited term identification card, a limited term driverlicense or a limited term driver permit if:

(a) The Department of Transportation previouslyissued a limited term identification card, a limited termdriver license or a limited term driver permit to theapplicant;

(b) The applicant presents to the department anEmployment Authorization Document issued by theUnited States Citizenship and Immigration Services un-der category C33, A12 or C19; and

(c) The applicant’s Employment Authorization Doc-ument expired on or after August 1, 2014.

(2) Notwithstanding ORS 807.022, the departmentmay not verify the documents described in this section.

(3) Notwithstanding ORS 807.130, a limited termdriver license issued or renewed under this section ex-pires two years from the date of issuance. [2018 c.60 §3]

Sec. 4. Section 3, chapter 60, Oregon Laws 2018, isrepealed on December 31, 2020. [2018 c.60 §4; 2019 c.701§23]

Sec. 5. Section 3 of this 2018 Act applies to limitedterm identification cards, limited term driver licensesand limited term driver permits issued, renewed or re-placed on or after July 1, 2018. [2018 c.60 §5]

807.735 Providing assistance to appli-cants for driver licenses, driver permitsand identification cards. (1) Using existingresources, the Department of Transportationshall provide ombudsman services to appli-cants for a driver license, a driver permit oran identification card. An ombudsman shallassist applicants who are otherwise qualifiedfor issuance, renewal or replacement of adriver license, a driver permit or an identifi-cation card but who are unable to producethe documentation required by the depart-ment under ORS 807.021 and 807.730.

(2) The department may not provide om-budsman services to an applicant unless theapplicant certifies in writing that the appli-cant is, to the best of the applicant’s know-ledge, legally present in the United States.[2008 c.1 §34]

Note: 807.735 is repealed January 1, 2021. Seesections 24, 25 and 26, chapter 701, Oregon Laws 2019.

Note: 807.735 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofthe Oregon Vehicle Code or any chapter or seriestherein by legislative action. See Preface to Oregon Re-vised Statutes for further explanation.

807.745 Findings regarding personalinformation contained in driver licenses,driver permits and identification cards.The Legislative Assembly finds that:

(1) Oregon recognizes the importance ofprotecting the confidentiality and privacy ofan individual’s personal information con-tained in driver licenses, driver permits andidentification cards.

(2) Machine-readable features found ondriver licenses, driver permits and identifica-tion cards are intended to facilitate verifica-tion of age or identity, not to facilitatecollection of personal information about in-dividuals nor to facilitate the creation of

private databases of transactional informa-tion associated with those individuals.

(3) Easy access to the information foundon driver licenses, driver permits and iden-tification cards facilitates the crime of iden-tity theft, which is a major concern inOregon. [2009 c.546 §1]

Note: 807.745 and 807.750 were enacted into law bythe Legislative Assembly but were not added to or madea part of the Oregon Vehicle Code or any chapter orseries therein by legislative action. See Preface to Ore-gon Revised Statutes for further explanation.

807.750 Restrictions on swiping driverlicenses or identification cards. (1) Asused in this section:

(a) “Driver license” means a license orpermit issued by this state or any other ju-risdiction as evidence of a grant of drivingprivileges.

(b) “Identification card” means the cardissued under ORS 807.400 or a comparableprovision in another state.

(c) “Personal information” means anindividual’s name, address, date of birth,photograph, fingerprint, biometric data,driver license number, identification cardnumber or any other unique personal identi-fier or number.

(d) “Private entity” means any nongov-ernmental entity, such as a corporation,partnership, company or nonprofit organiza-tion, any other legal entity or any naturalperson.

(e) “Swipe” means the act of passing adriver license or identification card througha device that is capable of deciphering, in anelectronically readable format, the informa-tion electronically encoded in a magneticstrip or bar code on the driver license oridentification card.

(2) Except as provided in subsection (6)of this section, a private entity may notswipe an individual’s driver license or iden-tification card, except for the following pur-poses:

(a) To verify the authenticity of a driverlicense or identification card or to verify theidentity of the individual if the individualpays for a good or service with a methodother than cash, returns an item or requestsa refund.

(b) To verify the individual’s age whenproviding an age-restricted good or service toany person about whom there is any reason-able doubt of the person’s having reached 21years of age.

(c) To prevent fraud or other criminalactivity if an individual returns an item orrequests a refund and the private entity usesa fraud prevention service company or sys-tem.

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(d) To transmit information to a checkservices company for the purpose of approv-ing negotiable instruments, electronic fundstransfers or similar methods of payment.

(3) A private entity that swipes anindividual’s driver license or identificationcard under subsection (2)(a) or (b) of thissection may not store, sell or share personalinformation collected from swiping the driverlicense or identification card.

(4) A private entity that swipes anindividual’s driver license or identificationcard under subsection (2)(c) or (d) of thissection may store or share the following in-formation collected from swiping anindividual’s driver license or identificationcard for the purpose of preventing fraud orother criminal activity against the privateentity:

(a) Name;(b) Address;(c) Date of birth; and(d) Driver license number or identifica-

tion card number.(5)(a) A person other than an entity reg-

ulated by the federal Fair Credit ReportingAct, 15 U.S.C. 1681 et seq., who receivespersonal information from a private entityunder subsection (4) of this section may usethe personal information received only toprevent fraud or other criminal activityagainst the private entity that provided thepersonal information.

(b) A person who is regulated by the fed-eral Fair Credit Reporting Act and who re-ceives personal information from a privateentity under subsection (4) of this sectionmay use or provide the personal informationreceived only to effect, administer or enforcea transaction or prevent fraud or othercriminal activity, if the person provides orreceives personal information under contractfrom the private entity.

(6)(a) Subject to the provisions of thissubsection, a private entity that is a com-mercial radio service provider that providesservice nationally and that is subject to theTelephone Records and Privacy ProtectionAct of 2006 (18 U.S.C. 1039) may swipe anindividual’s driver license or identificationcard if the entity obtains permission from theindividual to swipe the individual’s driver li-cense or identification card.

(b) The private entity may swipe theindividual’s driver license or identificationcard only for the purpose of establishing ormaintaining a contract between the privateentity and the individual. Information col-lected by swiping an individual’s driver li-cense or identification card for theestablishment or maintenance of a contract

shall be limited to the following informationfrom the individual:

(A) Name;(B) Address;(C) Date of birth; and(D) Driver license number or identifica-

tion card number.(c) If the individual does not want the

private entity to swipe the individual’s driverlicense or identification card, the private en-tity may manually collect the following in-formation from the individual:

(A) Name;(B) Address;(C) Date of birth; and(D) Driver license number or identifica-

tion card number.(d) The private entity may not withhold

the provision of goods or services solely asa result of the individual requesting the col-lection of the following information from theindividual through manual means:

(A) Name;(B) Address;(C) Date of birth; and(D) Driver license number or identifica-

tion card number.(7) A governmental entity may swipe an

individual’s driver license or identificationcard only if:

(a) The individual knowingly makes thedriver license or identification card availableto the governmental entity;

(b) The governmental entity lawfullyconfiscates the driver license or identifica-tion card;

(c) The governmental entity is providingemergency assistance to the individual whois unconscious or otherwise unable to makethe driver license or identification cardavailable; or

(d) A court rule requires swiping of thedriver license or identification card to facili-tate accurate linking of court records per-taining to the individual.

(8) In addition to any other remedy pro-vided by law, an individual may bring an ac-tion to recover actual damages or $1,000,whichever is greater, and to obtain equitablerelief, if equitable relief is available, againstan entity that swipes, stores, shares, sells orotherwise uses the individual’s personal in-formation in violation of this section. Acourt shall award a prevailing plaintiff rea-sonable costs and attorney fees. If a courtfinds that a violation of this section waswillful or knowing, the court may increase

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the amount of the award to no more thanthree times the amount otherwise available.

(9) Any waiver of a provision of this sec-tion is contrary to public policy and is voidand unenforceable. [2009 c.546 §2]

Note: See note under 807.745.

807.760 Prohibition on use of licenseor permit as evidence of citizenship orimmigration status. A driver license,driver permit or identification card that isnot a Real ID may not be used as evidenceof the holder’s citizenship or immigrationstatus for any purpose. [2019 c.701 §9]

Note: 807.760 becomes operative January 1, 2021.See section 26, chapter 701, Oregon Laws 2019.

Note: Sections 23a and 23b, chapter 701, OregonLaws 2019, provide:

Sec. 23a. (1) The Department of Transportationshall conduct an outreach program to educate driverlicense and driver permit applicants and the generalpublic about the operation of sections 9 [807.760] and11 [659A.343] of this 2019 Act, the amendments to ORS97.953, 659A.885, 802.195, 802.200, 807.021, 807.040, 807.130,807.173, 807.285, 807.310, 807.400, 807.405 and 807.730 bysections 1 to 7 and 12 to 22 of this 2019 Act and the

repeal of ORS 807.735 by section 24 of this 2019 Act asof the operative date specified in section 26 of this 2019Act [January 1, 2021]. The program must:

(a) In collaboration with impacted communities,develop a communication strategy for dissemination ofinformation using a variety of media sources, stateagencies, associations and organizations.

(b) Effectively communicate with specific popu-lations in a manner that is culturally and linguisticallyappropriate.

(c) Provide communications, including educationalmaterials, in English and in languages other than Eng-lish that are most commonly spoken by the residentsof this state.

(2) To carry out the provisions of this section, thedepartment may enter into a contract with a businessor an organization. [2019 c.701 §23a]

Sec. 23b. Section 23a of this 2019 Act is repealedon January 2, 2023. [2019 c.701 §23b]

CHAPTER 808

[Reserved for expansion]

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