ORS Chapter 809

Chapter 809 — Refusal,Suspension, Cancellation and Revocation of Registration,

Title, DrivingPrivileges and Identification Card; Vehicle Impoundment

2009 EDITION

SUSPENSIONAND REVOCATION; IMPOUNDMENT

OREGONVEHICLE CODE

SUSPENSIONAND CANCELLATION OF REGISTRATIONS AND TITLES

809.010 Court-orderedsuspension

809.020 Responseto court-ordered suspension

809.030 Restorationfee

809.040 Hearing;notice; judicial review

809.050 Revocationor suspension of registration of employer for failure to make futureresponsibility filing

809.080 Failureto return suspended registration; penalty

809.090 Cancellationof registration or title for failure to qualify

809.095 Cancellationof registration for false certification of

compliancewith financial responsibility requirements

809.100 Hearingon proposed cancellation or refusal; judicial review

809.110 Failureto surrender canceled registration or title; penalty

REGISTRATION,DRIVING PRIVILEGES OR IDENTIFICATION CARD

809.120 Courtrecommended suspension of registration or driving privileges for weightviolation

809.130 Suspensionor revocation of registration or driving privileges for unsettled judgment

809.135 Refusalto issue, revocation or suspension of driving privileges, identification card,registration or title for failure to use same name

809.140 Administrativereview of suspension, revocation or cancellation of identification card,registration or driving privileges

DRIVINGPRIVILEGES

(Court-Orderedor Recommended Restrictions, Suspensions, Revocations or Denials)

809.210 Suspensionor restriction of driving privileges for failure to pay fine or obey courtorder; exceptions

809.220 Failureto appear; suspension or other procedures

809.230 Courtsuspension or revocation of nonresident driving privileges

809.235 Permanentrevocation of driving privileges upon conviction of certain crimes; restorationof privileges

809.240 Courtimposition of suspension or revocation; taking possession of license or permit;temporary permit

809.260 Denialof driving privileges for convicted juvenile

809.265 Suspensionfor inhalant or controlled substances conviction

(AdditionalAuthority of Court)

809.267 Additionalfee upon notice of suspension or restriction

809.270 Driverimprovement course; enforcement by suspension or restriction of privileges

(ProceduresFollowing Court Suspension or Revocation)

809.275 Courtto take possession of license or permit; effective date of suspension orrevocation

809.280 Departmentprocedures following court order or recommendation; length of suspension orrevocation

(Cancellation,Refusal to Issue, Suspension or Revocation)

809.310 Cancellationor suspension of driving privileges; grounds; surrender of license or permit;duration; reissuance of privileges

809.320 Cancellationon written request of parent or legal guardian

809.360 Generalprovisions relating to suspension or revocation of driving privileges

809.380 Periodof suspension; effect; reinstatement; fee

809.390 Periodof revocation; effect; reinstatement; fee

809.400 Suspensionor revocation for out-of-state conviction

809.404 Disqualificationfrom holding commercial driver license

809.406 Cancellationand disqualification from holding driver license with Class A or Class B farmendorsement

809.407 Suspensionof commercial driver license for specified railroad crossing violations

809.409 Revocationfor conviction of crime

809.411 Suspensionfor conviction of crime

809.412 Authorityof juvenile court for suspension or revocation

809.413 Suspensionof commercial driver licenses; length of suspension

809.415 Suspensionsfor conduct involving judgments, financial responsibility, dishonesty

809.416 Whenperson subject to suspension under ORS 809.415; duration

809.417 Suspensionfor conduct regarding accidents

809.419 Suspensionsfor physical or mental condition or impairment

809.421 Suspensionsfor miscellaneous driving-related actions

809.423 Suspensionsfor nondriving-related actions by minors

809.428 Scheduleof suspension or revocation periods for certain offenses

809.430 Noticeof suspension, cancellation or revocation; contents; service

809.440 Hearingand administrative review procedures

809.450 Hearingfor rescission of suspension for financial and future responsibilityviolations; grounds

809.460 Rescissionof suspension or revocation upon appeal of underlying conviction

809.470 Whenjudgment considered settled for purposes of suspension requirements

809.480 Driverimprovement programs; rules; purpose; suspension; fee

809.490 Suspensionor revocation of driving privileges of nonresident driver; reports to homestate

809.500 Failureto return suspended, revoked or canceled license; penalty

(HabitualOffenders)

809.600 Kindsof offenses and number of convictions

809.605 Determinationof which offenses count; rules

809.610 Restrictionof driving privileges; notice; meeting

809.640 Procedureson habitual offender determination

809.650 Effectof habitual offender revocation

809.660 Restorationof privileges

VEHICLEIMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE

809.698 Definitionof “vehicle immobilization device”

809.700 Court-orderedimpoundment or immobilization upon conviction; grounds; duration; vehiclessubject; return; security interest holder rights

809.702 Tamperingwith vehicle immobilization device; penalty

809.710 Authorityto refuse to release vehicle to intoxicated person

809.716 Hearingon impoundment

809.720 Impoundmentfor specified offenses; grounds; notice; release

809.725 Noticefollowing impoundment under city or county ordinance

809.730 Seizureof motor vehicle for civil forfeiture

809.735 Preemptionof local forfeiture ordinances

SUSPENSIONAND CANCELLATION OF REGISTRATIONS AND TITLES

809.010Court-ordered suspension. A court shall order the Department ofTransportation to suspend the registration of a motor vehicle required to beregistered by the department upon conviction of the traffic offenses describedin this section. The requirement to order the suspension of vehicleregistration under this section is subject to all of the following:

(1)The court shall order the department to suspend the registration under thissection when a person is convicted:

(a)Of driving a motor vehicle while the person’s license is suspended or revokedin violation of ORS 811.175 or 811.182; or

(b)On a second or subsequent charge of driving while under the influence ofintoxicants in violation of ORS 813.010.

(2)The registration of the following vehicles shall be ordered suspended underthis section:

(a)Any vehicle required to be registered by the department of which the convictedperson is the owner.

(b)Any vehicle required to be registered by the department which the convictedperson is operating at the time of the person’s arrest.

(3)A court may not issue an order to suspend the registration under this sectionfor more than 120 days.

(4)Upon issuing an order to suspend the registration under this section, a courtshall issue a copy of the order to the department for suspension according toORS 809.020.

(5)The court may order, under this section, the department to suspend theregistration of a motor vehicle of which the convicted person is not the owneronly if the court is satisfied by clear and convincing evidence that the ownerknew or had good reason to know that the convicted person:

(a)Did not have a valid license and knowingly consented to the operation of thevehicle by the convicted person; or

(b)Was operating the vehicle while under the influence of intoxicants. [1983 c.338§386; 1985 c.16 §202; 1985 c.173 §6; 1987 c.730 §13; 1991 c.407 §30]

809.020Response to court-ordered suspension. When the Department of Transportationreceives an order from a court to suspend the registration of a vehicle, thedepartment shall respond to the order as provided in this section based on thetype of suspension. If the court orders the suspension of registration under:

(1)ORS 809.120, the department shall impose the suspension as recommended by thecourt.

(2)ORS 809.010, the department shall forthwith suspend the registration andrequire the owner to return the registration card and plates. When thedepartment suspends a registration under this subsection the department shall:

(a)Destroy the registration card and plates; and

(b)Issue a new registration card and new plates to the owner upon expiration ofthe period specified by the court in its order upon payment by the owner to thedepartment of a restoration fee established under ORS 809.030. The departmentmay not charge the owner any fee for the card and plates other than therestoration fee.

(3)ORS 809.130, the department, after opportunity for hearing under ORS 809.040,shall suspend the registration of the person’s employer’s vehicles, untilnotified by the court to reinstate the registration and until the departmentreceives proof of compliance with future responsibility filings from theemployer, if the department determines that all of the following apply:

(a)A judgment of the type described under ORS 806.040 was rendered against theperson.

(b)The judgment has remained unsettled as described by ORS 809.470 for 60 days.

(c)The judgment continues to be unsettled.

(d)At the time of the accident that is the source of the judgment, the employeewas driving, with the permission of the employer, a vehicle owned, operated orleased by the employer. [1983 c.338 §284; 1985 c.16 §116; 1999 c.359 §2]

809.030Restoration fee.The restoration fee for registration suspended under ORS 809.020 based on acourt order under ORS 809.010 is $10. [1983 c.338 §292]

809.040Hearing; notice; judicial review. (1) When a hearing is required underORS 809.020 or 809.050, the Department of Transportation shall afford a personan opportunity of a hearing before the department suspends or revokes vehicle registration.A hearing described by this subsection is subject to all of the following:

(a)Before the hearing, the department shall provide the person with notice meetingthe requirements under ORS 809.430.

(b)The hearing, if requested, shall be in