Driving Privileges and Identification Cards

ORS 807.010
Operating vehicle without driving privileges or in violation of license restrictions

  • penalty


(1)

A person commits the offense of operating a vehicle without driving privileges if the person operates a motor vehicle upon a highway or premises open to the public in this state and the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, endorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

(2)

A person to whom a license or driver permit is issued commits the offense of violating license restrictions if the person operates a motor vehicle in any manner that violates restrictions that are placed upon the person’s driving privileges by the Department of Transportation under ORS 807.120 (Restrictions generally) or 807.122 (Restrictions on operation with provisional driver license), by a court under ORS 809.210 (Suspension or restriction of driving privileges for failure to pay fine or obey court order) or 809.270 (Driver improvement course), or by the vehicle code.

(3)

Nothing in this section is applicable to a person who is driving while suspended or revoked in violation of ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked). Persons who violate ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked) are subject to the provisions and penalties provided therein and are not subject to the penalties and provisions of this section.

(4)

Except as provided in subsection (5) of this section, the offense described in subsection (1) of this section, operating a vehicle without driving privileges, is a Class B traffic violation.

(5)

The offense described in subsection (1) of this section, operating a vehicle without driving privileges, that results from a person operating a motorcycle without a motorcycle endorsement, is a Class A traffic violation.

(6)

(a) The court shall suspend a fine imposed under subsection (5) of this section on the condition that the person, within 120 days of the date of sentencing:

(A)

Complete a motorcycle education course established by the department under ORS 802.320 (Motorcycle safety program); and

(B)

Obtain a motorcycle endorsement issued under ORS 807.170 (Requirements for issuance).

(b)

The court shall set a hearing date for 120 days from the date of sentencing. At the hearing the court shall:

(A)

If the person has successfully completed the requirements described in paragraph (a)(A) and (B) of this subsection, dismiss the fine imposed under subsection (5) of this section; or

(B)

If the person has not successfully completed the requirements described in paragraph (a)(A) and (B) of this subsection:

(i)

Grant the person an extension based on 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 license restrictions, is a Class B traffic violation. [1985 c.608 §5 (enacted in lieu of 1983 c. 338 §299); 1987 c.730 §10; 1999 c.328 §6; 2003 c.14 §467; 2009 c.482 §1]

Notes of Decisions

Person who has never been licensed may be prosecuted under both this section and ORS 807.570. State v. Roque-Escamilla, 106 Or App 270, 806 P2d 1173 (1991), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021