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