806.270 Certificateof insurance; requirements; presumption of completeness
806.280 Whencertificate of insurer not authorized to do business in this state may be used
806.290 Automatictermination of insurance under future responsibility filing upon subsequentfiling
806.300 Failureto surrender license and registration on cancellation of future responsibilityfiling; penalty
GENERALPROVISIONS
806.010Driving uninsured prohibited; penalty. (1) A person commits the offense ofdriving uninsured if the person operates a motor vehicle in this state on anyhighway or premises open to the public in this state without either:
(a)The person being insured while driving the vehicle under a motor vehicleliability insurance policy that meets the requirements described under ORS806.080; or
(b)The person or the owner of the vehicle providing the Department ofTransportation with other satisfactory proof of compliance with the financialresponsibility requirements of this state.
(2)Exemptions from this section are established under ORS 806.020.
(3)In addition to other penalties under this section the following apply:
(a)A person who is involved in a motor vehicle accident at any time the person isin violation of this section is subject to suspension of the person’s drivingprivileges under ORS 809.417.
(b)A person who is convicted of violating this section is subject to ORS 806.230,if the person does not make future responsibility filings as required by thatsection.
(4)A person convicted for violation of this section must file with the department,and thereafter maintain for a period of three years, proof of financialresponsibility that complies with ORS 806.060. Failure to comply with thissubsection is subject to ORS 809.415.
(5)The offense described in this section, driving uninsured, is a Class B trafficviolation. [1983 c.338 §837; 1985 c.16 §422; 1985 c.714 §1; 1991 c.350 §1; 1991c.702 §4; 2003 c.402 §12]
806.011Insurance card required; rules. An unexpired card issued as provided inORS 742.447, or other current proof of compliance with financial or futureresponsibility requirements approved by rule by the Department ofTransportation, shall be carried in each motor vehicle that is operating inthis state and that is not exempt from compliance with financial or futureresponsibility requirements. Failure of the driver of a motor vehicle to show avalid card or other proof of compliance when asked to do so by a police officeris reasonable grounds for the officer to believe that the person is operatingthe vehicle in violation of ORS 806.010. [1993 c.746 §2]
806.012Failure to carry proof of compliance with financial responsibility requirements;rules; penalty.(1) A person commits the offense of failure to carry proof of compliance withfinancial responsibility requirements if the person operates a motor vehicle inthis state and does not have in the vehicle current proof of compliance withfinancial responsibility requirements.
(2)The Department of Transportation shall determine by rule what constitutes proofof compliance with financial responsibility requirements.
(3)This section does not apply to persons operating motor vehicles that are exemptfrom financial responsibility requirements by ORS 806.020.
(4)The court shall dismiss any charge under this section if, prior to the courtappearance date listed on the citation, the person charged delivers to theclerk of the court named on the citation proof of compliance with financialresponsibility requirements at the time of the violation.
(5)The offense described in this section, failure to carry proof of compliancewith financial responsibility requirements, is a Class B traffic violation. [1993c.751 §101; 2005 c.361 §1]
806.014 [1993 c.814 §§5,7;renumbered 809.715 in 1995]
806.016 [1993 c.814 §6;renumbered 809.716 in 1995]
806.020Exemptions from financial responsibility requirements. This sectionprovides exemptions from the necessity for compliance with or proof ofcompliance with financial responsibility requirements in accident reports underORS 811.725, when applying for vehicle registration under ORS 803.370 or803.460 and for operating a vehicle under ORS 806.010. The owner or operator ofa vehicle is exempt, as provided by this section, from financial responsibilityrequirements if the vehicle involved in the accident, sought to be registeredor operated is any of the following:
(1)An antique motor vehicle issued permanent registration under ORS 805.010.
(2)A farm trailer.
(3)A farm tractor.
(4)An implement of husbandry.
(5)A motor vehicle of special interest that is maintained as a collector’s itemand used for exhibitions, parades, club activities and similar uses, but notused primarily for the transportation of persons or property.
(6)A snowmobile, Class I or Class III all-terrain vehicle.
(7)Any motor vehicle not operated on any highway or premises open to the public inthis state.
806.030 [1983 c.338 §839;repealed by 2009 c.257 §11]
806.040Judgments for which financial responsibility requirements established. Financialresponsibility requirements are designed to provide for minimum payment ofjudgments of the type described in this section. For the purposes of ORS806.130, 806.140, 809.020, 809.130 and 809.470, judgments of the type describedin this section must:
(1)Have become final by expiration, without appeal, of the time within which anappeal might have been perfected or by final affirmation on appeal;
(2)Be rendered by a court of competent jurisdiction of any state or of the UnitedStates;
(3)Be upon a cause of action for damages of the type described under subsection(4) of this section or upon a cause of action on an agreement of settlement forsuch damages; and
(4)Be for one or more of the following kinds of damage arising out of a motorvehicle accident on public or private property:
(a)Damages, including damages for care and loss of services, because of bodilyinjury to or death of any person.
(b)Damages because of injury to or destruction of property, including the loss ofuse thereof. [1983 c.338 §840; 1985 c.16 §424; 1987 c.258 §1; 1995 c.41 §4;2003 c.175 §4; 2009 c.257 §10]
806.050Falsification of financial responsibility; penalty. (1) A personcommits the offense of falsification of financial responsibility if the persondoes any of the following:
(a)Forges or, without authority, signs any evidence of proof of compliance withfinancial responsibility requirements.
(b)Files or offers for filing any evidence of proof of compliance with financialresponsibility requirements knowing or having reason to believe that the proofis forged or signed without authority.
(c)Knowingly certifies falsely to the existence of motor vehicle liabilityinsurance meeting the requirements under ORS 806.080 or some other means ofsatisfying the financial responsibility requirements or making a financialresponsibility filing.
(2)A denial of coverage, signed by an officer or agent of an insurer, returned tothe Department of Transportation after inquiry from the department as to theaccuracy of a certification of the existence of liability insurance under ORS806.150 or 811.725 is prima facie evidence of false certification.
(3)Any person convicted of knowingly certifying falsely to the existence of motorvehicle liability insurance or to the existence of some other means ofsatisfying the financial responsibility requirements shall be imprisoned for noless than three consecutive days. In no case shall the execution of thepunishment imposed by this section be suspended by the court, nor shall anyperson subject to such punishment be sentenced to probation by the court.
(4)A person who is convicted for violation of this section is subject to ORS806.230 if the person does not make future responsibility filings as requiredby that section.
(5)The offense described in this section, falsification of financialresponsibility, is a Class B misdemeanor except that violation of subsection(1)(c) of this section is a Class A misdemeanor. [1983 c.338 §841; 1985 c.16 §425;1985 c.393 §62; 1993 c.14 §27]
806.055Giving false information about liability insurance to police officer; penalty. (1) A personcommits the offense of giving false information about liability insurance to apolice officer if the person knowingly gives false information about the person’smotor vehicle liability insurance coverage to any police officer who isenforcing motor vehicle laws.
(2)The offense described in this section, giving false information about liabilityinsurance to a police officer, is a Class B misdemeanor. [1991 c.330 §2]
REQUIREMENTS
(Generally)
806.060Methods of compliance. A person who is required to comply with thefinancial responsibility requirements of this state must be able to respond indamages, in amounts required under this section, for liability on account ofaccidents arising out of the ownership, operation, maintenance or use of motorvehicles and must establish that ability by one of the methods required by thissection. All of the following apply to the financial responsibilityrequirements of this state:
(1)To meet the financial responsibility requirements, a person must be able torespond in damages in amounts not less than those established under the paymentschedule under ORS 806.070.
(2)A person may only comply with the financial responsibility requirements of thisstate by establishing the required ability to respond in damages in one of thefollowing ways:
(a)Obtaining a motor vehicle liability policy meeting the requirements under ORS806.080 that will provide at least minimum limits necessary to pay amounts establishedunder the payment schedule under ORS 806.070.
(b)Becoming self-insured as provided under ORS 806.130. [1983 c.338 §842; 1985c.16 §426; 1995 c.41 §5; 2003 c.175 §5]
806.070Minimum payment schedule. (1) This section establishes a schedule of paymentsfor the following purposes:
(a)An insurance policy described under ORS 806.080 must provide for payment of atleast amounts necessary to cover the minimum required payments under thissection to qualify for use for financial responsibility under ORS 806.060.
(b)A person who is self-insured under ORS 806.130 must agree to pay according tothe payment schedule established by this section.
(c)The payment schedule is the minimum required payment of a judgment for purposesof ORS 809.020, 809.130 and 809.415.
(2)The schedule of payments is as follows:
(a)$25,000 because of bodily injury to or death of one person in any one accident;
(b)Subject to that limit for one person, $50,000 because of bodily injury to ordeath of two or more persons in any one accident; and
(c)$20,000 because of injury to or destruction of the property of others in anyone accident. [1983 c.338 §843; 1985 c.16 §427; 1995 c.41 §6; 2003 c.175 §6;2003 c.402 §13; 2009 c.66 §2]
Sec.3.The amendments to ORS 742.524 and 806.070 by sections 1 and 2 of this 2009 Actapply to motor vehicle insurance policies issued or renewed on or after theeffective date of this 2009 Act [January 1, 2010]. [2009 c.66 §3]
806.075Insurance requirements for person convicted of driving under influence ofintoxicants.Notwithstanding any other provision of this chapter, a person convicted ofdriving under the influence of intoxicants under ORS 813.010 is subject to thefollowing requirements for the method of complying with and the amounts neededto meet financial responsibility requirements and for the duration of futureresponsibility filings:
(1)The person must have a certificate or certificates of insurance that meet therequirements of ORS 806.270 except that the certificate or certificates mustshow that the person is covered by insurance that provides at least:
(a)$50,000 because of bodily injury to or death of one person in any one accident;
(b)Subject to that limit for one person, $100,000 because of bodily injury to ordeath of two or more persons in any one accident; and
(c)$10,000 because of injury to or destruction of the property of others in anyone accident.
(2)The person must maintain future responsibility filings showing insurancecoverage in the amounts specified in subsection (1) of this section for aperiod of three years from the date that the first filing is required. [1987c.774 §95; 1991 c.768 §9]
(Insurance)
806.080Insurance.(1) A motor vehicle liability insurance policy used to comply with financialresponsibility requirements under ORS 806.060 must meet all of the followingrequirements:
(a)It must be a policy or part of a policy designating, by explicit description orby appropriate reference, all motor vehicles for which coverage is provided bythe policy.
(b)It must insure the named insured and all other persons insured under the termsof the policy against loss from the liabilities imposed by law for damagesarising out of the ownership, operation, use or maintenance of those motorvehicles by persons insured under the policy. The policy must include in itscoverage all persons who, with the consent of the named insured, use the motorvehicles insured under the policy, except for any person specifically excludedfrom coverage under ORS 742.450.
(c)It must provide the minimum limits of coverage required under ORS 806.070.
(2)The requirements for the insurance may be fulfilled by the policies of one ormore insurance carriers which policies together meet such requirements. [1983c.338 §844; 1991 c.768 §8]
806.130Self-insurance.(1) To qualify as a self-insurer for purposes of financial responsibilityrequirements under ORS 806.060, a person must do all of the following:
806.270 Certificateof insurance; requirements; presumption of completeness
806.280 Whencertificate of insurer not authorized to do business in this state may be used
806.290 Automatictermination of insurance under future responsibility filing upon subsequentfiling
806.300 Failureto surrender license and registration on cancellation of future responsibilityfiling; penalty
GENERALPROVISIONS
806.010Driving uninsured prohibited; penalty. (1) A person commits the offense ofdriving uninsured if the person operates a motor vehicle in this state on anyhighway or premises open to the public in this state without either:
(a)The person being insured while driving the vehicle under a motor vehicleliability insurance policy that meets the requirements described under ORS806.080; or
(b)The person or the owner of the vehicle providing the Department ofTransportation with other satisfactory proof of compliance with the financialresponsibility requirements of this state.
(2)Exemptions from this section are established under ORS 806.020.
(3)In addition to other penalties under this section the following apply:
(a)A person who is involved in a motor vehicle accident at any time the person isin violation of this section is subject to suspension of the person’s drivingprivileges under ORS 809.417.
(b)A person who is convicted of violating this section is subject to ORS 806.230,if the person does not make future responsibility filings as required by thatsection.
(4)A person convicted for violation of this section must file with the department,and thereafter maintain for a period of three years, proof of financialresponsibility that complies with ORS 806.060. Failure to comply with thissubsection is subject to ORS 809.415.
(5)The offense described in this section, driving uninsured, is a Class B trafficviolation. [1983 c.338 §837; 1985 c.16 §422; 1985 c.714 §1; 1991 c.350 §1; 1991c.702 §4; 2003 c.402 §12]
806.011Insurance card required; rules. An unexpired card issued as provided inORS 742.447, or other current proof of compliance with financial or futureresponsibility requirements approved by rule by the Department ofTransportation, shall be carried in each motor vehicle that is operating inthis state and that is not exempt from compliance with financial or futureresponsibility requirements. Failure of the driver of a motor vehicle to show avalid card or other proof of compliance when asked to do so by a police officeris reasonable grounds for the officer to believe that the person is operatingthe vehicle in violation of ORS 806.010. [1993 c.746 §2]
806.012Failure to carry proof of compliance with financial responsibility requirements;rules; penalty.(1) A person commits the offense of failure to carry proof of compliance withfinancial responsibility requirements if the person operates a motor vehicle inthis state and does not have in the vehicle current proof of compliance withfinancial responsibility requirements.
(2)The Department of Transportation shall determine by rule what constitutes proofof compliance with financial responsibility requirements.
(3)This section does not apply to persons operating motor vehicles that are exemptfrom financial responsibility requirements by ORS 806.020.
(4)The court shall dismiss any charge under this section if, prior to the courtappearance date listed on the citation, the person charged delivers to theclerk of the court named on the citation proof of compliance with financialresponsibility requirements at the time of the violation.
(5)The offense described in this section, failure to carry proof of compliancewith financial responsibility requirements, is a Class B traffic violation. [1993c.751 §101; 2005 c.361 §1]
806.014 [1993 c.814 §§5,7;renumbered 809.715 in 1995]
806.016 [1993 c.814 §6;renumbered 809.716 in 1995]
806.020Exemptions from financial responsibility requirements. This sectionprovides exemptions from the necessity for compliance with or proof ofcompliance with financial responsibility requirements in accident reports underORS 811.725, when applying for vehicle registration under ORS 803.370 or803.460 and for operating a vehicle under ORS 806.010. The owner or operator ofa vehicle is exempt, as provided by this section, from financial responsibilityrequirements if the vehicle involved in the accident, sought to be registeredor operated is any of the following:
(1)An antique motor vehicle issued permanent registration under ORS 805.010.
(2)A farm trailer.
(3)A farm tractor.
(4)An implement of husbandry.
(5)A motor vehicle of special interest that is maintained as a collector’s itemand used for exhibitions, parades, club activities and similar uses, but notused primarily for the transportation of persons or property.
(6)A snowmobile, Class I or Class III all-terrain vehicle.
(7)Any motor vehicle not operated on any highway or premises open to the public inthis state.
806.030 [1983 c.338 §839;repealed by 2009 c.257 §11]
806.040Judgments for which financial responsibility requirements established. Financialresponsibility requirements are designed to provide for minimum payment ofjudgments of the type described in this section. For the purposes of ORS806.130, 806.140, 809.020, 809.130 and 809.470, judgments of the type describedin this section must:
(1)Have become final by expiration, without appeal, of the time within which anappeal might have been perfected or by final affirmation on appeal;
(2)Be rendered by a court of competent jurisdiction of any state or of the UnitedStates;
(3)Be upon a cause of action for damages of the type described under subsection(4) of this section or upon a cause of action on an agreement of settlement forsuch damages; and
(4)Be for one or more of the following kinds of damage arising out of a motorvehicle accident on public or private property:
(a)Damages, including damages for care and loss of services, because of bodilyinjury to or death of any person.
(b)Damages because of injury to or destruction of property, including the loss ofuse thereof. [1983 c.338 §840; 1985 c.16 §424; 1987 c.258 §1; 1995 c.41 §4;2003 c.175 §4; 2009 c.257 §10]
806.050Falsification of financial responsibility; penalty. (1) A personcommits the offense of falsification of financial responsibility if the persondoes any of the following:
(a)Forges or, without authority, signs any evidence of proof of compliance withfinancial responsibility requirements.
(b)Files or offers for filing any evidence of proof of compliance with financialresponsibility requirements knowing or having reason to believe that the proofis forged or signed without authority.
(c)Knowingly certifies falsely to the existence of motor vehicle liabilityinsurance meeting the requirements under ORS 806.080 or some other means ofsatisfying the financial responsibility requirements or making a financialresponsibility filing.
(2)A denial of coverage, signed by an officer or agent of an insurer, returned tothe Department of Transportation after inquiry from the department as to theaccuracy of a certification of the existence of liability insurance under ORS806.150 or 811.725 is prima facie evidence of false certification.
(3)Any person convicted of knowingly certifying falsely to the existence of motorvehicle liability insurance or to the existence of some other means ofsatisfying the financial responsibility requirements shall be imprisoned for noless than three consecutive days. In no case shall the execution of thepunishment imposed by this section be suspended by the court, nor shall anyperson subject to such punishment be sentenced to probation by the court.
(4)A person who is convicted for violation of this section is subject to ORS806.230 if the person does not make future responsibility filings as requiredby that section.
(5)The offense described in this section, falsification of financialresponsibility, is a Class B misdemeanor except that violation of subsection(1)(c) of this section is a Class A misdemeanor. [1983 c.338 §841; 1985 c.16 §425;1985 c.393 §62; 1993 c.14 §27]
806.055Giving false information about liability insurance to police officer; penalty. (1) A personcommits the offense of giving false information about liability insurance to apolice officer if the person knowingly gives false information about the person’smotor vehicle liability insurance coverage to any police officer who isenforcing motor vehicle laws.
(2)The offense described in this section, giving false information about liabilityinsurance to a police officer, is a Class B misdemeanor. [1991 c.330 §2]
REQUIREMENTS
(Generally)
806.060Methods of compliance. A person who is required to comply with thefinancial responsibility requirements of this state must be able to respond indamages, in amounts required under this section, for liability on account ofaccidents arising out of the ownership, operation, maintenance or use of motorvehicles and must establish that ability by one of the methods required by thissection. All of the following apply to the financial responsibilityrequirements of this state:
(1)To meet the financial responsibility requirements, a person must be able torespond in damages in amounts not less than those established under the paymentschedule under ORS 806.070.
(2)A person may only comply with the financial responsibility requirements of thisstate by establishing the required ability to respond in damages in one of thefollowing ways:
(a)Obtaining a motor vehicle liability policy meeting the requirements under ORS806.080 that will provide at least minimum limits necessary to pay amounts establishedunder the payment schedule under ORS 806.070.
(b)Becoming self-insured as provided under ORS 806.130. [1983 c.338 §842; 1985c.16 §426; 1995 c.41 §5; 2003 c.175 §5]
806.070Minimum payment schedule. (1) This section establishes a schedule of paymentsfor the following purposes:
(a)An insurance policy described under ORS 806.080 must provide for payment of atleast amounts necessary to cover the minimum required payments under thissection to qualify for use for financial responsibility under ORS 806.060.
(b)A person who is self-insured under ORS 806.130 must agree to pay according tothe payment schedule established by this section.
(c)The payment schedule is the minimum required payment of a judgment for purposesof ORS 809.020, 809.130 and 809.415.
(2)The schedule of payments is as follows:
(a)$25,000 because of bodily injury to or death of one person in any one accident;
(b)Subject to that limit for one person, $50,000 because of bodily injury to ordeath of two or more persons in any one accident; and
(c)$20,000 because of injury to or destruction of the property of others in anyone accident. [1983 c.338 §843; 1985 c.16 §427; 1995 c.41 §6; 2003 c.175 §6;2003 c.402 §13; 2009 c.66 §2]
Sec.3.The amendments to ORS 742.524 and 806.070 by sections 1 and 2 of this 2009 Actapply to motor vehicle insurance policies issued or renewed on or after theeffective date of this 2009 Act [January 1, 2010]. [2009 c.66 §3]
806.075Insurance requirements for person convicted of driving under influence ofintoxicants.Notwithstanding any other provision of this chapter, a person convicted ofdriving under the influence of intoxicants under ORS 813.010 is subject to thefollowing requirements for the method of complying with and the amounts neededto meet financial responsibility requirements and for the duration of futureresponsibility filings:
(1)The person must have a certificate or certificates of insurance that meet therequirements of ORS 806.270 except that the certificate or certificates mustshow that the person is covered by insurance that provides at least:
(a)$50,000 because of bodily injury to or death of one person in any one accident;
(b)Subject to that limit for one person, $100,000 because of bodily injury to ordeath of two or more persons in any one accident; and
(c)$10,000 because of injury to or destruction of the property of others in anyone accident.
(2)The person must maintain future responsibility filings showing insurancecoverage in the amounts specified in subsection (1) of this section for aperiod of three years from the date that the first filing is required. [1987c.774 §95; 1991 c.768 §9]
(Insurance)
806.080Insurance.(1) A motor vehicle liability insurance policy used to comply with financialresponsibility requirements under ORS 806.060 must meet all of the followingrequirements:
(a)It must be a policy or part of a policy designating, by explicit description orby appropriate reference, all motor vehicles for which coverage is provided bythe policy.
(b)It must insure the named insured and all other persons insured under the termsof the policy against loss from the liabilities imposed by law for damagesarising out of the ownership, operation, use or maintenance of those motorvehicles by persons insured under the policy. The policy must include in itscoverage all persons who, with the consent of the named insured, use the motorvehicles insured under the policy, except for any person specifically excludedfrom coverage under ORS 742.450.
(c)It must provide the minimum limits of coverage required under ORS 806.070.
(2)The requirements for the insurance may be fulfilled by the policies of one ormore insurance carriers which policies together meet such requirements. [1983c.338 §844; 1991 c.768 §8]
806.130Self-insurance.(1) To qualify as a self-insurer for purposes of financial responsibilityrequirements under ORS 806.060, a person must do all of the following:
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806.270 Certificateof insurance; requirements; presumption of completeness
806.280 Whencertificate of insurer not authorized to do business in this state may be used
806.290 Automatictermination of insurance under future responsibility filing upon subsequentfiling
806.300 Failureto surrender license and registration on cancellation of future responsibilityfiling; penalty
GENERALPROVISIONS
806.010Driving uninsured prohibited; penalty. (1) A person commits the offense ofdriving uninsured if the person operates a motor vehicle in this state on anyhighway or premises open to the public in this state without either:
(a)The person being insured while driving the vehicle under a motor vehicleliability insurance policy that meets the requirements described under ORS806.080; or
(b)The person or the owner of the vehicle providing the Department ofTransportation with other satisfactory proof of compliance with the financialresponsibility requirements of this state.
(2)Exemptions from this section are established under ORS 806.020.
(3)In addition to other penalties under this section the following apply:
(a)A person who is involved in a motor vehicle accident at any time the person isin violation of this section is subject to suspension of the person’s drivingprivileges under ORS 809.417.
(b)A person who is convicted of violating this section is subject to ORS 806.230,if the person does not make future responsibility filings as required by thatsection.
(4)A person convicted for violation of this section must file with the department,and thereafter maintain for a period of three years, proof of financialresponsibility that complies with ORS 806.060. Failure to comply with thissubsection is subject to ORS 809.415.
(5)The offense described in this section, driving uninsured, is a Class B trafficviolation. [1983 c.338 §837; 1985 c.16 §422; 1985 c.714 §1; 1991 c.350 §1; 1991c.702 §4; 2003 c.402 §12]
806.011Insurance card required; rules. An unexpired card issued as provided inORS 742.447, or other current proof of compliance with financial or futureresponsibility requirements approved by rule by the Department ofTransportation, shall be carried in each motor vehicle that is operating inthis state and that is not exempt from compliance with financial or futureresponsibility requirements. Failure of the driver of a motor vehicle to show avalid card or other proof of compliance when asked to do so by a police officeris reasonable grounds for the officer to believe that the person is operatingthe vehicle in violation of ORS 806.010. [1993 c.746 §2]
806.012Failure to carry proof of compliance with financial responsibility requirements;rules; penalty.(1) A person commits the offense of failure to carry proof of compliance withfinancial responsibility requirements if the person operates a motor vehicle inthis state and does not have in the vehicle current proof of compliance withfinancial responsibility requirements.
(2)The Department of Transportation shall determine by rule what constitutes proofof compliance with financial responsibility requirements.
(3)This section does not apply to persons operating motor vehicles that are exemptfrom financial responsibility requirements by ORS 806.020.
(4)The court shall dismiss any charge under this section if, prior to the courtappearance date listed on the citation, the person charged delivers to theclerk of the court named on the citation proof of compliance with financialresponsibility requirements at the time of the violation.
(5)The offense described in this section, failure to carry proof of compliancewith financial responsibility requirements, is a Class B traffic violation. [1993c.751 §101; 2005 c.361 §1]
806.014 [1993 c.814 §§5,7;renumbered 809.715 in 1995]
806.016 [1993 c.814 §6;renumbered 809.716 in 1995]
806.020Exemptions from financial responsibility requirements. This sectionprovides exemptions from the necessity for compliance with or proof ofcompliance with financial responsibility requirements in accident reports underORS 811.725, when applying for vehicle registration under ORS 803.370 or803.460 and for operating a vehicle under ORS 806.010. The owner or operator ofa vehicle is exempt, as provided by this section, from financial responsibilityrequirements if the vehicle involved in the accident, sought to be registeredor operated is any of the following:
(1)An antique motor vehicle issued permanent registration under ORS 805.010.
(2)A farm trailer.
(3)A farm tractor.
(4)An implement of husbandry.
(5)A motor vehicle of special interest that is maintained as a collector’s itemand used for exhibitions, parades, club activities and similar uses, but notused primarily for the transportation of persons or property.
(6)A snowmobile, Class I or Class III all-terrain vehicle.
(7)Any motor vehicle not operated on any highway or premises open to the public inthis state.
806.030 [1983 c.338 §839;repealed by 2009 c.257 §11]
806.040Judgments for which financial responsibility requirements established. Financialresponsibility requirements are designed to provide for minimum payment ofjudgments of the type described in this section. For the purposes of ORS806.130, 806.140, 809.020, 809.130 and 809.470, judgments of the type describedin this section must:
(1)Have become final by expiration, without appeal, of the time within which anappeal might have been perfected or by final affirmation on appeal;
(2)Be rendered by a court of competent jurisdiction of any state or of the UnitedStates;
(3)Be upon a cause of action for damages of the type described under subsection(4) of this section or upon a cause of action on an agreement of settlement forsuch damages; and
(4)Be for one or more of the following kinds of damage arising out of a motorvehicle accident on public or private property:
(a)Damages, including damages for care and loss of services, because of bodilyinjury to or death of any person.
(b)Damages because of injury to or destruction of property, including the loss ofuse thereof. [1983 c.338 §840; 1985 c.16 §424; 1987 c.258 §1; 1995 c.41 §4;2003 c.175 §4; 2009 c.257 §10]
806.050Falsification of financial responsibility; penalty. (1) A personcommits the offense of falsification of financial responsibility if the persondoes any of the following:
(a)Forges or, without authority, signs any evidence of proof of compliance withfinancial responsibility requirements.
(b)Files or offers for filing any evidence of proof of compliance with financialresponsibility requirements knowing or having reason to believe that the proofis forged or signed without authority.
(c)Knowingly certifies falsely to the existence of motor vehicle liabilityinsurance meeting the requirements under ORS 806.080 or some other means ofsatisfying the financial responsibility requirements or making a financialresponsibility filing.
(2)A denial of coverage, signed by an officer or agent of an insurer, returned tothe Department of Transportation after inquiry from the department as to theaccuracy of a certification of the existence of liability insurance under ORS806.150 or 811.725 is prima facie evidence of false certification.
(3)Any person convicted of knowingly certifying falsely to the existence of motorvehicle liability insurance or to the existence of some other means ofsatisfying the financial responsibility requirements shall be imprisoned for noless than three consecutive days. In no case shall the execution of thepunishment imposed by this section be suspended by the court, nor shall anyperson subject to such punishment be sentenced to probation by the court.
(4)A person who is convicted for violation of this section is subject to ORS806.230 if the person does not make future responsibility filings as requiredby that section.
(5)The offense described in this section, falsification of financialresponsibility, is a Class B misdemeanor except that violation of subsection(1)(c) of this section is a Class A misdemeanor. [1983 c.338 §841; 1985 c.16 §425;1985 c.393 §62; 1993 c.14 §27]
806.055Giving false information about liability insurance to police officer; penalty. (1) A personcommits the offense of giving false information about liability insurance to apolice officer if the person knowingly gives false information about the person’smotor vehicle liability insurance coverage to any police officer who isenforcing motor vehicle laws.
(2)The offense described in this section, giving false information about liabilityinsurance to a police officer, is a Class B misdemeanor. [1991 c.330 §2]
REQUIREMENTS
(Generally)
806.060Methods of compliance. A person who is required to comply with thefinancial responsibility requirements of this state must be able to respond indamages, in amounts required under this section, for liability on account ofaccidents arising out of the ownership, operation, maintenance or use of motorvehicles and must establish that ability by one of the methods required by thissection. All of the following apply to the financial responsibilityrequirements of this state:
(1)To meet the financial responsibility requirements, a person must be able torespond in damages in amounts not less than those established under the paymentschedule under ORS 806.070.
(2)A person may only comply with the financial responsibility requirements of thisstate by establishing the required ability to respond in damages in one of thefollowing ways:
(a)Obtaining a motor vehicle liability policy meeting the requirements under ORS806.080 that will provide at least minimum limits necessary to pay amounts establishedunder the payment schedule under ORS 806.070.
(b)Becoming self-insured as provided under ORS 806.130. [1983 c.338 §842; 1985c.16 §426; 1995 c.41 §5; 2003 c.175 §5]
806.070Minimum payment schedule. (1) This section establishes a schedule of paymentsfor the following purposes:
(a)An insurance policy described under ORS 806.080 must provide for payment of atleast amounts necessary to cover the minimum required payments under thissection to qualify for use for financial responsibility under ORS 806.060.
(b)A person who is self-insured under ORS 806.130 must agree to pay according tothe payment schedule established by this section.
(c)The payment schedule is the minimum required payment of a judgment for purposesof ORS 809.020, 809.130 and 809.415.
(2)The schedule of payments is as follows:
(a)$25,000 because of bodily injury to or death of one person in any one accident;
(b)Subject to that limit for one person, $50,000 because of bodily injury to ordeath of two or more persons in any one accident; and
(c)$20,000 because of injury to or destruction of the property of others in anyone accident. [1983 c.338 §843; 1985 c.16 §427; 1995 c.41 §6; 2003 c.175 §6;2003 c.402 §13; 2009 c.66 §2]
Sec.3.The amendments to ORS 742.524 and 806.070 by sections 1 and 2 of this 2009 Actapply to motor vehicle insurance policies issued or renewed on or after theeffective date of this 2009 Act [January 1, 2010]. [2009 c.66 §3]
806.075Insurance requirements for person convicted of driving under influence ofintoxicants.Notwithstanding any other provision of this chapter, a person convicted ofdriving under the influence of intoxicants under ORS 813.010 is subject to thefollowing requirements for the method of complying with and the amounts neededto meet financial responsibility requirements and for the duration of futureresponsibility filings:
(1)The person must have a certificate or certificates of insurance that meet therequirements of ORS 806.270 except that the certificate or certificates mustshow that the person is covered by insurance that provides at least:
(a)$50,000 because of bodily injury to or death of one person in any one accident;
(b)Subject to that limit for one person, $100,000 because of bodily injury to ordeath of two or more persons in any one accident; and
(c)$10,000 because of injury to or destruction of the property of others in anyone accident.
(2)The person must maintain future responsibility filings showing insurancecoverage in the amounts specified in subsection (1) of this section for aperiod of three years from the date that the first filing is required. [1987c.774 §95; 1991 c.768 §9]
(Insurance)
806.080Insurance.(1) A motor vehicle liability insurance policy used to comply with financialresponsibility requirements under ORS 806.060 must meet all of the followingrequirements:
(a)It must be a policy or part of a policy designating, by explicit description orby appropriate reference, all motor vehicles for which coverage is provided bythe policy.
(b)It must insure the named insured and all other persons insured under the termsof the policy against loss from the liabilities imposed by law for damagesarising out of the ownership, operation, use or maintenance of those motorvehicles by persons insured under the policy. The policy must include in itscoverage all persons who, with the consent of the named insured, use the motorvehicles insured under the policy, except for any person specifically excludedfrom coverage under ORS 742.450.
(c)It must provide the minimum limits of coverage required under ORS 806.070.
(2)The requirements for the insurance may be fulfilled by the policies of one ormore insurance carriers which policies together meet such requirements. [1983c.338 §844; 1991 c.768 §8]
806.130Self-insurance.(1) To qualify as a self-insurer for purposes of financial responsibilityrequirements under ORS 806.060, a person must do all of the following:
