ORS § 809.415

Current through 2024 Regular Session legislation effective June 6, 2024
Section 809.415 - Suspensions for conduct involving judgments, financial responsibility, dishonesty; rules
(1)
(a) The Department of Transportation shall suspend the driving privileges of a person who has a judgment of the type described under ORS 806.040 rendered against the person if the person does not settle the judgment in the manner described under ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the person does one of the following:
(A) Settles the judgment in the manner described in ORS 809.470.
(B) Has an insurer that has been found by the department to be obligated to pay the judgment, provided that there has been no final adjudication by a court that the insurer has no such obligation.
(C) Gives evidence to the department that a period of seven years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order permitting the payment of the judgment in installments.
(c) A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.
(2)
(a) The department shall suspend the driving privileges of a person who falsely certifies the existence of a motor vehicle liability insurance policy or the existence of some other means of satisfying financial responsibility requirements or of a person who, after certifying the existence of a motor vehicle liability insurance policy or other means of satisfying the requirements, allows the policy to lapse or be canceled or otherwise fails to remain in compliance with financial responsibility requirements.
(b) Notwithstanding paragraph (a) of this subsection, the department may suspend under this subsection only if proof of compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150 is not submitted within the time specified by the department by rule under this section.
(c) A suspension under this subsection shall continue until the person complies with future responsibility filings.
(3)
(a) The department shall suspend the driving privileges of a person who fails to comply with future responsibility filings whenever required under the vehicle code or fails to provide new proof of compliance for future responsibility filings when requested by the department.
(b) A suspension under this subsection shall continue until the person complies with future responsibility filings.
(c) A person whose initial obligation to make future responsibility filings is not based upon a conviction or other action by a court is entitled to a hearing under ORS 809.440 prior to a suspension under this subsection. A person whose obligation to make future responsibility filings is based upon a conviction or other action by a court is entitled to administrative review under ORS 809.440 of a suspension under this subsection. A person whose suspension under this subsection is based on lapses in filing after the initial filing has been made is entitled to administrative review under ORS 809.440.
(4)
(a) The department shall suspend driving privileges when provided under ORS 809.416. The suspension shall continue until the earlier of the following:
(A) The person establishes to the satisfaction of the department that the person has performed all acts necessary under ORS 809.416 to make the person not subject to suspension.
(B) Ten years from the date the traffic offense or violation of ORS 471.430 occurred if the suspension is imposed for a reason described in ORS 809.416.
(b) A person is entitled to administrative review under ORS 809.440 of a suspension under this subsection.
(5) Upon determination by the department that a person has committed an act that constitutes an offense described in ORS 809.310, the department may suspend any driving privileges or any identification card of the person determined to have committed the act. A suspension under this subsection shall continue for a period of one year.
(6) Upon determination by the department that a person has submitted false information to the department for the purpose of establishing or maintaining qualification to operate a commercial motor vehicle or hold commercial driving privileges, the department shall suspend the commercial driving privileges or the person's right to apply for commercial driving privileges for a period of one year.

ORS 809.415

Amended by 2020SP1 Ch. 10, § 5, eff. 6/30/2020, op. 10/1/2020.
Amended by 2019 Ch. 312, § 11, eff. 6/11/2019, op. 7/1/2020.
Amended by 2018 Ch. 76, § 33, eff. 1/1/2019.
Amended by 2013 Ch. 237, § 20, eff. 5/28/2013, op. 7/8/2015.
Amended by 2013 Ch. 432, § 11, eff. 6/18/2013, op. 1/1/2014.
2003 c. 402, § 5; 2007 c. 127, § 1; 2011 c. 470, § 5