ORS 809.310
Cancellation or suspension of driving privileges

  • grounds
  • surrender of license or permit
  • duration
  • reissuance of privileges

(1)

The Department of Transportation may cancel any driving privileges upon determining that the person is not entitled to the driving privileges under the vehicle code. The department may reissue driving privileges canceled under this subsection when the applicant has satisfied all requirements for the driving privileges sought.

(2)

The department may cancel any driver license or permit that contains any error or defect or that is found to have been issued on the basis of false information given to the department. Cancellation under this subsection is in addition to any suspension of driving privileges authorized for the same conduct.

(3)

The department may suspend any driving privileges or right to apply for privileges or any identification card or right to apply for a card upon determining that the person issued or applying for the driving privileges or identification card has committed any of the following acts:

(a)

Failed to give the required or correct information in the application for the driving privileges or for an identification card, in violation of ORS 807.430 (Misuse of identification card) or 807.530 (False application for license).

(b)

Committed false swearing in making application for the driving privileges in violation of ORS 807.520 (False swearing to receive license).

(c)

Used an invalid license or identification card in violation of ORS 807.430 (Misuse of identification card) or 807.580 (Using invalid license).

(d)

Permitted misuse of license, permit or identification card in violation of ORS 807.430 (Misuse of identification card) or 807.590 (Permitting misuse of license).

(e)

Used the license, permit or identification card of another in violation of ORS 807.430 (Misuse of identification card) or 807.600 (Using another’s license).

(f)

Produced identification cards, licenses, permits, forms or camera cards in violation of ORS 807.500 (Unlawful production of certain documents).

(4)

Upon suspension or cancellation of driving privileges under this section, a person whose privileges are suspended or canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500 (Failure to return suspended, revoked or canceled license).

(5)

To obtain driving privileges after the period of suspension or cancellation under this section, a person must reapply for driving privileges in the manner established by law. [1983 c.338 §345; 1985 c.393 §8; 1987 c.272 §1; 1993 c.393 §6; 2018 c.76 §29]
Note: The amendments to 809.310 (Cancellation or suspension of driving privileges) by section 105, chapter 630, Oregon Laws 2021, become operative January 1, 2023, and apply to conduct leading to driving privilege sanctions imposed on or after January 1, 2023. See sections 124 and 169, chapter 630, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
809.310 (Cancellation or suspension of driving privileges). (1) The Department of Transportation may cancel any driving privileges upon determining that the person is not entitled to the driving privileges under the vehicle code. The department may reissue driving privileges canceled under this subsection when the applicant has satisfied all requirements for the driving privileges sought.

(2)

The department may cancel any driver license or permit that contains any error or defect or that is found to have been issued on the basis of false information given to the department. Cancellation under this subsection is in addition to any suspension of driving privileges authorized for the same conduct.

(3)

The department may suspend any driving privileges or right to apply for privileges or any identification card or right to apply for a card upon determining that the person issued or applying for the driving privileges or identification card has committed any of the following acts:

(a)

Failed to give the required or correct information in the application for the driving privileges or for an identification card, in violation of ORS 807.430 (Misuse of identification card) or 807.530 (False application for license).

(b)

Committed false swearing in making application for the driving privileges in violation of ORS 807.520 (False swearing to receive license).

(c)

Used an invalid license or identification card in violation of ORS 807.430 (Misuse of identification card) or 807.580 (Using invalid license).

(d)

Permitted misuse of license, permit or identification card in violation of ORS 807.430 (Misuse of identification card) or 807.590 (Permitting misuse of license).

(e)

Used the license, permit or identification card of another in violation of ORS 807.430 (Misuse of identification card) or 807.600 (Using another’s license).

(f)

Produced identification cards, licenses, permits, forms or camera cards in violation of ORS 807.500 (Unlawful production of certain documents).

(4)

The department may determine by rule circumstances in which the department may cancel the commercial driving privileges, or the right to apply for commercial driving privileges, of an individual if the individual’s commercial driving privileges are suspended, canceled or revoked for any reason in another jurisdiction.

(5)

Upon suspension or cancellation of driving privileges under this section, a person whose privileges are suspended or canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500 (Failure to return suspended, revoked or canceled license).

(6)

To obtain driving privileges after the period of suspension or cancellation under this section, a person must reapply for driving privileges in the manner established by law.

Source: Section 809.310 — Cancellation or suspension of driving privileges; grounds; surrender of license or permit; duration; reissuance of privileges, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

Notes of Decisions

Under former similar statute

Where petitioner misused another’s driver license, Motor Vehicles Division had no authority to cancel her license under this section because “permitting misuse” does not include misusing another’s license. Wester v. MVD, 82 Or App 641, 728 P2d 953 (1986)

In general

Alleged violations of Article I, section 9 of Oregon Constitution or Fourth Amendment of U.S. Constitution are outside scope of hearing regarding cancellation of driving privileges under this section. Merrifield v. MVD, 106 Or App 359, 807 P2d 329 (1991)

809.090
Cancellation of registration or title for failure to qualify 809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements 809.100
Hearing on proposed cancellation or refusal 809.110
Failure to surrender canceled registration or title 809.120
Court-ordered suspension of registration or driving privileges for weight violation 809.130
Suspension or revocation of driving privileges for unsettled judgment 809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name 809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges 809.220
Failure to appear 809.230
Court suspension or revocation of nonresident driving privileges 809.235
Permanent revocation of driving privileges upon conviction of certain crimes 809.240
Court-ordered suspension or revocation 809.260
Court-ordered suspension of driving privileges of juvenile 809.267
Additional fee upon notice of suspension or restriction 809.270
Driver improvement course 809.275
Court to take possession of license or permit 809.280
Department procedures following court order of suspension or revocation 809.310
Cancellation or suspension of driving privileges 809.312
Reissuance of privileges after suspension for submitting false information 809.320
Cancellation on written request of parent or legal guardian 809.360
General provisions relating to suspension or revocation of driving privileges 809.380
Period of suspension 809.390
Period of revocation 809.400
Suspension or revocation for out-of-state conviction 809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement 809.409
Revocation for conviction of crime 809.411
Suspension for conviction of crime 809.412
Authority of juvenile court for suspension or revocation 809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty 809.416
When person subject to suspension under ORS 809.415 809.417
Suspension for conduct regarding accidents 809.419
Suspensions for physical or mental condition or impairment 809.421
Suspensions for miscellaneous driving-related actions 809.428
Schedule of suspension or revocation periods for certain offenses 809.430
Notice of suspension, cancellation or revocation 809.440
Hearing and administrative review procedures 809.450
Hearing for rescission of suspension for financial and future responsibility violations 809.460
Rescission of suspension or revocation upon appeal of underlying conviction 809.470
When judgment considered settled for purposes of suspension requirements 809.480
Driver improvement programs 809.490
Suspension or revocation of driving privileges of nonresident driver 809.500
Failure to return suspended, revoked or canceled license 809.510
Conviction of crime 809.515
Failure to appear, pay fine or obey court order in another jurisdiction 809.520
Lifetime suspension of commercial driving privileges 809.525
Serious traffic offenses 809.530
Violation of out-of-service order 809.535
Suspension of commercial driver license for specified rail crossing violations 809.540
Right to apply 809.545
Administrative review 809.550
Application of ORS 809.510 to 809.545 809.600
Kinds of offenses and number of convictions 809.605
Determination of which offenses count 809.610
Restriction of driving privileges 809.640
Procedures on habitual offender determination 809.698
Definition of “vehicle immobilization device.” 809.700
Court-ordered impoundment or immobilization upon conviction 809.702
Tampering with vehicle immobilization device 809.710
Authority to refuse to release vehicle to intoxicated person 809.716
Hearing on impoundment 809.720
Impoundment for specified offenses 809.725
Notice following impoundment under city or county ordinance 809.730
Seizure of motor vehicle for civil forfeiture 809.735
Preemption of local forfeiture ordinances 809.740
Seizure of motor vehicle for forfeiture 809.745
Adoption of policies and procedures prior to forfeiture
Green check means up to date. Up to date

Current through early 2024

§ 809.310’s source at oregon​.gov