Driving Privileges and Identification Cards

ORS 807.040
Requirements for issuance

  • rules
  • fees


(1)

The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

(a)

The person must complete an application for a license under ORS 807.050 (Application).

(b)

As required by ORS 807.021 (Proof of Social Security number) and 807.730 (Issuance of limited term driver licenses, permits and identification cards), the person must provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

(c)

The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024 (Collection of biometric data).

(d)

The person must not be ineligible for the license under ORS 807.060 (Eligibility) and must be eligible for the license under ORS 807.062 (Domicile or residency requirement for driver license).

(e)

The person must successfully pass all examination requirements under ORS 807.070 (Examinations) for the class of license sought.

(f)

The person must pay the appropriate license fee under ORS 807.370 (License, endorsement and permit fees) for the class of license sought.

(g)

The person must pay the Student Driver Training Fund eligibility fee.

(h)

If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

(i)

If the application is for a commercial driver license, the department must have received and recorded, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements to operate a commercial motor vehicle. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

(j)

If the application is for a commercial driver license, the person must:

(A)

Have at least one year’s driving experience, including relevant experience obtained in the military;

(B)

Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges);

(C)

Not be otherwise ineligible to hold a commercial driver license;

(D)

Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (Examinations) (3); and

(E)

In addition to meeting the requirement of providing proof of legal presence under ORS 807.021 (Proof of Social Security number) and this section, the person must submit valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States or is a citizen of a country with a Compact of Free Association with the United States.

(k)

The person must present acceptable documents to prove identity, date of birth and address. The department shall determine by rule which documents are acceptable to prove identity, date of birth and address.

(L)

If the application is for a Real ID, the person must comply with the requirements under the vehicle code for issuance of Real IDs.

(2)

Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license or a limited term commercial learner driver permit issued under ORS 807.730 (Issuance of limited term driver licenses, permits and identification cards).

(3)

The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses. [1983 c.338 §301; 1985 c.16 §124; 1985 c.182 §2; 1985 c.608 §14a; 1989 c.636 §16; 1991 c.709 §1; 1993 c.751 §34; 2001 c.668 §8; 2005 c.22 §515; 2005 c.649 §15; 2005 c.775 §6; 2008 c.1 §§9,10; 2011 c.282 §2; 2012 c.43 §30; 2013 c.237 §38; 2017 c.190 §5; 2017 c.306 §4; 2017 c.568 §14]
Note 1: The amendments to 807.040 (Requirements for issuance) by section 14, chapter 568, Oregon Laws 2017, become operative July 1, 2020. See section 21, chapter 568, Oregon Laws 2017. The text that is operative until July 1, 2020, is set forth for the user’s convenience.
807.040 (Requirements for issuance). (1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

(a)

The person must complete an application for a license under ORS 807.050 (Application).

(b)

As required by ORS 807.021 (Proof of Social Security number) and 807.730 (Issuance of limited term driver licenses, permits and identification cards), the person must provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

(c)

The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024 (Collection of biometric data).

(d)

The person must not be ineligible for the license under ORS 807.060 (Eligibility) and must be eligible for the license under ORS 807.062 (Domicile or residency requirement for driver license).

(e)

The person must successfully pass all examination requirements under ORS 807.070 (Examinations) for the class of license sought.

(f)

The person must pay the appropriate license fee under ORS 807.370 (License, endorsement and permit fees) for the class of license sought.

(g)

The person must pay the Student Driver Training Fund eligibility fee.

(h)

If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

(i)

If the application is for a commercial driver license, the department must have received and recorded, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements to operate a commercial motor vehicle. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

(j)

If the application is for a commercial driver license, the person must:

(A)

Have at least one year’s driving experience, including relevant experience obtained in the military;

(B)

Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges);

(C)

Not be otherwise ineligible to hold a commercial driver license;

(D)

Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (Examinations) (3); and

(E)

In addition to meeting the requirement of providing proof of legal presence under ORS 807.021 (Proof of Social Security number) and this section, the person must submit valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States or is a citizen of a country with a Compact of Free Association with the United States.

(2)

Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license or a limited term commercial learner driver permit issued under ORS 807.730 (Issuance of limited term driver licenses, permits and identification cards).

(3)

The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses.
Note 2: The amendments to 807.040 (Requirements for issuance) by section 4, chapter 701, Oregon Laws 2019, become operative January 1, 2021, and apply to driver licenses, driver permits and identification cards issued, renewed or replaced on or after January 1, 2021. See sections 25 and 26, chapter 701, Oregon Laws 2019. The text that is operative on and after January 1, 2021, is set forth for the user’s convenience.
807.040 (Requirements for issuance). (1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

(a)

The person must complete an application for a license under ORS 807.050 (Application).

(b)

(A) As required by ORS 807.021 (Proof of Social Security number), a person applying for a driver license or driver permit must provide the Social Security number assigned to the person by the United States Social Security Administration or a written statement that the person has not been assigned a Social Security number.

(B)

As used in this paragraph, a “driver license” or “driver permit” means a driver license or driver permit that is not a:

(i)

Real ID;

(ii)

Commercial driver license; or
(iii) Commercial learner driver permit.

(c)

The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024 (Collection of biometric data).

(d)

The person must not be ineligible for the license under ORS 807.060 (Eligibility) and must be eligible for the license under ORS 807.062 (Domicile or residency requirement for driver license).

(e)

The person must successfully pass all examination requirements under ORS 807.070 (Examinations) for the class of license sought.

(f)

The person must pay the appropriate license fee under ORS 807.370 (License, endorsement and permit fees) for the class of license sought.

(g)

The person must pay the Student Driver Training Fund eligibility fee.

(h)

If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

(i)

If the application is for a commercial driver license, the department must have received and recorded, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements to operate a commercial motor vehicle. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

(j)

If the application is for a Real ID commercial driver license or a commercial driver license that is not a Real ID, the person must:

(A)

Have at least one year’s driving experience, including relevant experience obtained in the military;

(B)

Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges);

(C)

Not be otherwise ineligible to hold a commercial driver license;

(D)

Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (Examinations) (3);

(E)

Submit valid documentation, as defined by the department by rule, that the person is a citizen or lawful permanent resident of the United States or is a citizen of a country with a Compact of Free Association with the United States; and

(F)

Provide the Social Security number assigned to the person by the United States Social Security Administration for verification by the department with the administration.

(k)

The person must present acceptable documents to prove identity, date of birth and address. The department shall determine by rule which documents are acceptable to prove identity, date of birth and address.

(L)

If the application is for a Real ID, the person must comply with the requirements under the vehicle code for issuance of Real IDs.

(2)

Except as provided in subsection (3) of this section, acceptable documents to prove identity, date of birth or address under subsection (1)(k) of this section when a person is applying for a driver license, driver permit or identification card that is not a Real ID, a commercial driver license, or a commercial learner driver permit, include but are not limited to the following:

(a)

An unexpired valid passport from the person’s country of citizenship;

(b)

An unexpired valid consular identification document issued by the consulate of the person’s country of citizenship, if the department determines that the procedure used in issuing the consular identification document is sufficient to prove the person’s identity;

(c)

A driver license, driver permit or identification card issued by this state that expired not more than 13 years from the date of the current application; or

(d)

A driver license, driver permit or identification card issued by another state that:

(A)

Is unexpired; or

(B)

Expired not more than one year from the date of the current application.

(3)

The department may refuse to accept any document described in subsection (2) of this section that is presented as proof of identity, date of birth or address, if the department has reason to believe that:

(a)

The document is fraudulent, has been altered or does not belong to the person presenting the document; or

(b)

The procedures used by the agency that issued the document are no longer sufficient for proving a person’s identity or date of birth.

(4)

Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license or a limited term commercial learner driver permit issued under ORS 807.730 (Issuance of limited term driver licenses, permits and identification cards).

(5)

The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses.

Source

Last accessed
Jun. 26, 2021