ORS 809.380
Period of suspension
- effect
- reinstatement
- fee
(1)
The period of suspension shall last as long as provided for that particular suspension by law.(2)
During the period of suspension, the person is not entitled to exercise any driving privileges in this state except as provided under this subsection. Unless otherwise specifically provided by law, a person whose driving privileges are suspended may obtain, if the person qualifies, a hardship driver permit under ORS 807.240 (Hardship permit), and exercise driving privileges under the driver permit.(3)
Upon expiration of the suspension, the Department of Transportation shall reissue, upon request of the person, the suspended driving privileges and any license or driver permit that evidences the driving privileges. The reissuance shall be without requalification by the person except that the department may require the person to furnish evidence satisfactory to the department that the person is qualified to continue to exercise driving privileges in this state before the department reissues the driving privileges.(4)
The department may not issue any driving privileges in contradiction to this section.(5)
If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are suspended, the person is subject to the penalties under ORS 809.500 (Failure to return suspended, revoked or canceled license).(6)
No reinstatement of suspended driving privileges will be made by the department until the fee for reinstatement of suspended driving privileges established under ORS 807.370 (License, endorsement and permit fees) is paid to or waived by the department. The department may waive the reinstatement fee for any of the following reasons:(a)
The suspension occurred under ORS 809.419 (Suspensions for physical or mental condition or impairment) for failure to take an examination upon request of the department under ORS 807.340 (Proof of eligibility).(b)
The suspension occurred under ORS 809.419 (Suspensions for physical or mental condition or impairment) for failure to obtain required medical clearance upon request of the department under ORS 807.070 (Examinations) or 807.090 (Establishing eligibility notwithstanding mental or physical condition or impairment).(c)
The suspension occurred under ORS 809.419 (Suspensions for physical or mental condition or impairment) for incompetence to drive a motor vehicle or having a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle.(d)
The suspension occurred under ORS 809.419 (Suspensions for physical or mental condition or impairment) upon notification by the superintendent of a hospital under ORS 807.700 (Notification to department as to released persons with mental retardation or mental illness who are licensed operators) that a person should not drive.(e)
The suspension occurred under ORS 809.419 (Suspensions for physical or mental condition or impairment) upon notification by a court under ORS 810.375 (Duties of judges or court clerks) that a person charged with a traffic offense has been found guilty except for insanity.(f)
The department committed an error in issuing the suspension.(g)
The suspension was the result of an error committed by an insurance company in issuing or failing to issue a certification of insurance or in canceling a certification of insurance filed with the department under ORS 806.270 (Certificate of insurance).(h)
The department issued the suspension without error because the person failed to respond as required under ORS 806.150 (Department verification program) or to furnish proof of exemption under ORS 806.210 (Exemption from requirement to file after accident) from the filing requirement of ORS 806.200 (Failure to file after accident), but the department later determines that the person in fact was in compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150 (Department verification program) or at the time of an accident described in ORS 806.200 (Failure to file after accident).(i)
The department issued the suspension without error because the person was not in compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150 (Department verification program) or at the time of an accident described in ORS 806.200 (Failure to file after accident), but the department later determines that the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150 (Department verification program) or at the time of the accident.(j)
The suspension was the result of an error committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150 (Department verification program).(k)
The suspension occurred because the person failed to make future responsibility filings but the department later determines that the reason for the failure was that the person was a military reservist or a member of a national guard unit that was ordered to active military duty to a location outside of the United States. The effective date of the military orders must be prior to the effective date of a suspension issued by the department for failure to make a future responsibility filing.(L)
The department issued the suspension without error because the department received a notice to suspend from a court under ORS 809.220 (Failure to appear), but the department later determines that the person in fact was in compliance with the requirements of the court prior to the effective date of the suspension. [1983 c.338 §350; 1985 c.16 §164; 1985 c.173 §1; 1985 c.393 §9; 1985 c.669 §17a; 1985 c.714 §8; 1987 c.137 §3; 1987 c.258 §8; 1987 c.272 §3; 1987 c.801 §7; 1989 c.224 §139; 1991 c.474 §1; 2003 c.402 §26; 2005 c.104 §1; 2005 c.140 §3; 2009 c.105 §1; 2017 c.66 §31; 2017 c.701 §25; 2018 c.76 §30; 2019 c.312 §10; 2020 s.s.1 c.10 §§3,4](a)
ORS 809.210 (2019 Edition);(b)
ORS 809.220 (Failure to appear); or(c)
ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (3) for failure to provide new proof of compliance for future responsibility filings when requested by the department.(2)
Subsection (1) of this section does not apply to a person whose driving privileges are also concurrently suspended under provisions not listed in subsection (1) of this section. [2021 c.226 §2]
Source:
Section 809.380 — Period of suspension; effect; reinstatement; fee, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html.
Notes of Decisions
Under former similar statute (ORS 486.211)
Where operator license was suspended and suspension was later held invalid, operator remained responsible for failure to comply with suspension terms while suspension was in effect. State v. Day, 40 Or App 235, 594 P2d 1285 (1979), Sup Ct review denied
Attorney General Opinions
Under former similar statute (ORS 486.211)
Distinctions between license suspension and revocation, (1976) Vol 38, p 257
Up to date