ORS 809.416
When person subject to suspension under ORS 809.415; duration


This section establishes circumstances that will make a person subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) and what a person is required to do to make the person no longer subject to suspension. The following apply as described:

(1)

A person is subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) if the Department of Transportation receives notice from a court to commence suspension under ORS 809.220 (Failure to appear). A person who is subject under this subsection remains subject until the person presents the department with notice issued by the court showing that the person is no longer subject to this section or until 10 years have elapsed from the date the traffic offense or violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) occurred, whichever is earlier. This subsection does not subject a person to ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) for any pedestrian offense, bicycling offense or parking offense. Upon receipt of notice from a court to commence suspension under ORS 809.220 (Failure to appear), the department shall notify the person, in a manner determined by the department by rule, that the suspension will commence 60 days from the date the department sent the notification unless the person presents the department with notice issued by the court showing that the person is no longer subject to this section.

(2)

A person is subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) if the department receives a notice of suspension from a court under ORS 809.210 (Suspension or restriction of driving privileges for failure to pay fine or obey court order) indicating that the person has failed or refused to pay a fine or obey an order of the court. A person who is subject under this subsection remains subject until the earlier of the following:

(a)

The person presents the department with a notice of reinstatement issued by the court showing that the person:

(A)

Is making payments, has paid the fine or has obeyed the order of the court; or

(B)

Has enrolled in a preapprenticeship program, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), or is a registered apprentice under ORS 660.020 (Necessity for written agreement); or

(b)

Twenty years have elapsed from the date the traffic offense occurred.

(3)

Notwithstanding subsection (2) of this section, a person is not subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) for failure or refusal to pay a fine relating to any pedestrian offense, bicycling offense or parking offense.

(4)

Upon receipt of a notice of suspension from a court, the department shall notify the person, in the manner provided by the department by rule, that the suspension will commence 60 days from the date the department sent the notification unless the person presents the department with a notice of reinstatement as described in subsection (2)(a) of this section. [Formerly 809.290; 2007 c.127 §2; 2013 c.432 §§3,9; 2018 c.76 §34; 2019 c.312 §23]
Note: The amendments to 809.416 (When person subject to suspension under ORS 809.415) by section 23, chapter 312, Oregon Laws 2019, become operative July 1, 2020. See section 37, chapter 312, Oregon Laws 2019. The text that is operative until July 1, 2020, including amendments by section 34, chapter 76, Oregon Laws 2018, is set forth for the user’s convenience.
809.416 (When person subject to suspension under ORS 809.415). This section establishes circumstances that will make a person subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) and what a person is required to do to make the person no longer subject to suspension. The following apply as described:

(1)

A person is subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) if the Department of Transportation receives notice from a court to apply this section under ORS 809.220 (Failure to appear). A person who is subject under this subsection remains subject until the person presents the department with notice issued by the court showing that the person is no longer subject to this section or until 10 years have elapsed from the date the traffic offense or violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) occurred, whichever is earlier. This subsection shall not subject a person to ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) for any pedestrian offense, bicycling offense or parking offense. Upon receipt of notice from a court, the department shall send a letter by first class mail advising the person that the suspension will commence 60 days from the date of the letter unless the person presents the department with the notice required by this subsection.

(2)

A person is subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) if the department receives a notice of suspension from a court under ORS 809.210 (Suspension or restriction of driving privileges for failure to pay fine or obey court order) indicating that the person has failed or refused to pay a fine or obey an order of the court. A person who is subject under this subsection remains subject until the earlier of the following:

(a)

The person presents the department with a notice of reinstatement issued by the court showing that the person:

(A)

Is making payments, has paid the fine or has obeyed the order of the court; or

(B)

Has enrolled in a preapprenticeship program, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), or is a registered apprentice under ORS 660.020 (Necessity for written agreement); or

(b)

Twenty years have elapsed from the date the traffic offense occurred.

(3)

Subsection (2) of this section does not subject a person to ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) for failure or refusal to pay a fine relating to any pedestrian offense, bicycling offense or parking offense. Upon receipt of a notice of suspension from a court, the department shall send a letter by first class mail advising the person that the suspension will commence 60 days from the date of the letter unless the person presents the department with the notice of reinstatement required by this subsection.
Note: 809.416 (When person subject to suspension under ORS 809.415) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 809 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

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Last accessed
May. 15, 2020