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 809.270 (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)

Intentionally left blank —Ed.

(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, enter a sentence of discharge; 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; 2020 s.s.1 c.10 §1]

Source: Section 807.010 — Operating vehicle without driving privileges or in violation of license restrictions; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors807.­html.

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

807.010
Operating vehicle without driving privileges or in violation of license restrictions 807.018
Persons considered to hold commercial driving privileges 807.020
Exemptions from requirement to have Oregon license or permit 807.021
Proof of Social Security number 807.022
Verification of identity source documents 807.024
Collection of biometric data 807.026
Management of biometric data 807.031
Classes of license 807.035
Kinds of endorsements 807.036
Exceptions to endorsement requirement for tow vehicle operator 807.038
School bus endorsement exception 807.040
Requirements for issuance 807.045
Issuance of commercial license to person who holds out-of-state commercial license 807.050
Application 807.060
Eligibility 807.062
Domicile or residency requirement for driver license 807.065
Additional eligibility requirements for persons under 18 years of age 807.066
School requirements for persons under 18 years of age 807.070
Examinations 807.072
Waiver of certain examinations, tests and demonstrations 807.080
Driver competency testing certificates 807.085
Entry-level commercial motor vehicle driver training 807.090
Establishing eligibility notwithstanding mental or physical condition or impairment 807.100
Proof of medical qualification 807.110
Contents of license 807.115
Digital images of photographs and signatures 807.120
Restrictions generally 807.122
Restrictions on operation with provisional driver license 807.130
Expiration 807.135
Expiration of license held by Oregon National Guard member or military reservist 807.137
Expiration of license held by person volunteering outside of United States 807.140
Notice prior to expiration 807.150
Renewal 807.160
Replacement license or permit 807.170
Requirements for issuance 807.173
Additional requirements for hazardous materials endorsement 807.175
Motorcycle education course 807.200
Types of permit 807.210
Disability golf cart permit 807.220
Emergency driver permit 807.230
Special student driver permit 807.240
Hardship permit 807.280
Instruction driver permit 807.285
Commercial learner driver permit 807.290
Special temporary instruction driver permit 807.310
Applicant temporary permit 807.320
Court issued temporary driver permit 807.330
Court bail driver permit 807.340
Proof of eligibility 807.350
Cancellation of privileges 807.355
Definitions 807.359
Special limited vision condition learner’s permit 807.363
Issuance of driver license to person with limited vision condition 807.368
Form of permit 807.369
Driving at night 807.370
License, endorsement and permit fees 807.390
Waiver of certain fees 807.400
Issuance 807.405
Applicant temporary identification card 807.410
Fees 807.420
Failure to notify department on change of name or address 807.430
Misuse of identification card 807.450
Definition 807.455
Issuance, replacement and renewal 807.460
Fees 807.465
Document retention 807.470
Disclosure of identity source documents 807.475
Fingerprint requirements 807.480
Verification of lawful status in the United States 807.485
Public information program 807.500
Unlawful production of certain documents 807.510
Transfer of documents for purposes of misrepresentation 807.520
False swearing to receive license 807.530
False application for license 807.540
Failure to surrender prior license 807.550
Holding multiple licenses 807.560
Failure to notify department upon change of address or name 807.570
Failure to carry or present license 807.580
Using invalid license 807.590
Permitting misuse of license 807.600
Using another’s license 807.610
Employing or providing vehicle to unqualified driver 807.620
Giving false information to police officer 807.700
Notification to department as to released persons with mental retardation or mental illness who are licensed operators 807.710
Reports of persons with cognitive or functional impairment 807.720
Filing of death records with department 807.725
Issuance of fictitious driver licenses and identification cards 807.730
Issuance of limited term driver licenses, permits and identification cards 807.745
Findings regarding personal information contained in driver licenses, driver permits and identification cards 807.750
Restrictions on swiping driver licenses or identification cards 807.760
Prohibition on use of license or permit as evidence of citizenship or immigration status
Green check means up to date. Up to date

Current through early 2024

§ 807.010’s source at oregon​.gov