ORS 807.240
Hardship permit

  • fees
  • rules

The Department of Transportation shall provide for issuance of hardship driver permits in a manner consistent with this section. A hardship driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a hardship driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license. The following apply to a hardship driver permit:

(1)

The department may only issue a permit to a person whose driving privileges under the vehicle code have been suspended, or revoked under ORS 809.600 (Kinds of offenses and number of convictions) as a habitual offender.

(2)

Except as provided in this section and ORS 813.520 (Limitations on authority to issue hardship permit or reinstate driving privileges), the department may reinstate the privilege to operate a motor vehicle of any person whose license to operate a motor vehicle has been suspended, or revoked under ORS 809.600 (Kinds of offenses and number of convictions) as a habitual offender, by issuing the person a hardship permit.

(3)

To qualify for a hardship permit, a person must do all of the following:

(a)

The person must submit to the department an application for the permit that demonstrates the person’s need for the permit.

(b)

The person must present satisfactory evidence, as determined by the department by rule:

(A)

That the person must operate a motor vehicle as a requisite of the person’s occupation or employment;

(B)

That the person must operate a motor vehicle to seek employment or to get to or from a place of employment;

(C)

That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program;

(D)

That the person or a member of the person’s immediate family requires medical treatment on a regular basis and that the person must operate a motor vehicle in order that the treatment may be obtained;

(E)

That the person must operate a motor vehicle to get to or from a gambling addiction treatment program; or

(F)

That the person must operate a motor vehicle to provide necessary services to the person or to a member of the person’s family. The department shall determine by rule what constitutes necessary services for purposes of this subparagraph. The rule shall include as necessary services, but need not be limited to, grocery shopping, driving the person or the person’s children to school, driving to medical appointments and caring for elderly family members.

(c)

If the person is applying for a permit because the person or a member of the person’s immediate family requires medical treatment on a regular basis, the person must present, in addition to any evidence required by the department under paragraph (b) of this subsection, a statement signed by a licensed physician or licensed nurse practitioner that indicates that the person or a member of the person’s immediate family requires medical treatment on a regular basis.

(d)

The person must show that the person is not incompetent to drive nor a habitual incompetent, reckless or criminally negligent driver as established by the person’s driving record in this or any other jurisdiction.

(e)

The person must make a future responsibility filing.

(f)

The person must submit any other information the department may require for purposes of determining whether the person qualifies under this section and ORS 813.520 (Limitations on authority to issue hardship permit or reinstate driving privileges).

(4)

If the department finds that the person meets the requirements of this section and any applicable requirements under ORS 813.520 (Limitations on authority to issue hardship permit or reinstate driving privileges), the department may issue the person a hardship permit, valid for the duration of the suspension or revocation or for a shorter period of time established by the department unless sooner suspended or revoked under this section. If the department issues the permit for a period shorter than the suspension or revocation period, renewal of the permit shall be on such terms and conditions as the department may require. The permit:

(a)

Shall limit the holder to operation of a motor vehicle only during specified times.

(b)

May bear other reasonable limitations relating to the hardship permit or the operation of a motor vehicle that the department deems proper or necessary. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked).

(5)

The department, upon receiving satisfactory evidence of any violation of the limitations of a permit issued under this section, may suspend or revoke the hardship permit.

(6)

The fee charged for application or issuance of a hardship driver permit is the hardship driver permit application fee under ORS 807.370 (License, endorsement and permit fees). The department may not refund the fee if the application is denied or if the driver permit is suspended or revoked. The fee upon renewal of the driver permit is the same fee as that charged for renewal of a license. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370 (License, endorsement and permit fees).

(7)

The department may issue a permit granting the same driving privileges as those suspended or revoked or may issue a permit granting fewer driving privileges, as the department determines necessary to assure safe operation of motor vehicles by the permit holder.

(8)

The department may not issue a hardship permit to a person:

(a)

Whose driver license or driver permit is suspended pursuant to ORS 25.750 (Suspension of licenses, certificates, permits and registrations) to 25.783 (Confidentiality of information);

(b)

Whose driving privileges are suspended pursuant to ORS 809.280 (Department procedures following court order of suspension or revocation) (2);

(c)

That authorizes the person to operate a commercial motor vehicle;

(d)

Whose suspension of driving privileges is based on a second or subsequent conviction of driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or the statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction and the suspension period is determined by ORS 809.428 (Schedule of suspension or revocation periods for certain offenses) (2)(b) or (c);

(e)

Whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of:

(A)

Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle;

(B)

Reckless driving, as defined in ORS 811.140 (Reckless driving);

(C)

Driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants);

(D)

Failure to perform the duties of a driver involved in a collision, as described in ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons);

(E)

Criminal driving while suspended or revoked, as defined in ORS 811.182 (Criminal driving while suspended or revoked);

(F)

Fleeing or attempting to elude a police officer, as defined in ORS 811.540 (Fleeing or attempting to elude police officer);

(G)

Aggravated vehicular homicide, as defined in ORS 163.149 (Aggravated vehicular homicide); or

(H)

Aggravated driving while suspended or revoked, as defined in ORS 163.196 (Aggravated driving while suspended or revoked); or

(f)

Whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:

(A)

For a period of four years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.

(B)

For a period of four years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.

(C)

For a period of two years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.

(D)

For a period of two years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.

(E)

For a period of six months from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.

(F)

For a period of six months from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.

(9)

A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of subsection (8)(e) of this section.

(10)

A person’s driving privileges under a hardship permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit. [1983 c.338 §327; 1985 c.16 §144; 1985 c.608 §29; 1987 c.730 §11; 1987 c.801 §3; 1989 c.636 §33; 1991 c.860 §4; 1993 c.627 §2; 1993 c.751 §45; 1999 c.796 §4; 2001 c.294 §1; 2003 c.23 §1; 2003 c.160 §2; 2005 c.471 §11; 2017 c.319 §1; 2018 c.76 §§2,2a; 2019 c.215 §1; 2019 c.358 §43]

Source: Section 807.240 — Hardship permit; fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors807.­html.

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
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