ORS 809.520
Lifetime suspension of commercial driving privileges
(1)
Notwithstanding ORS 809.510 (Conviction of crime), the Department of Transportation shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime punishable as a felony in which a motor vehicle was used and that involved the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980). The department may not reinstate commercial driving privileges of a person whose commercial driving privileges are suspended under this subsection.(2)
Notwithstanding ORS 809.510 (Conviction of crime), the department shall suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a second or subsequent record, report or notice described in ORS 809.510 (Conviction of crime) that does not arise out of the same incident and that would be grounds for suspension of the person’s commercial driving privileges under ORS 809.510 (Conviction of crime).(3)
Except as provided in subsections (1) and (4) of this section, a person whose commercial driving privileges were suspended under subsection (2) of this section may apply to the department for reinstatement of the person’s commercial driving privileges. An application for reinstatement may not be made under this subsection earlier than 10 years after the date that the person’s commercial driving privileges were suspended under subsection (2) of this section. The department may reinstate the person’s commercial driving privileges if:(a)
The person meets all other requirements for the granting of commercial driving privileges;(b)
The department, in its sole discretion, finds good cause exists for reinstatement; and(c)
The department finds that the person has successfully completed rehabilitation as approved by the department.(4)
The department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record, report or notice described in subsection (2) of this section that relates to conduct that occurred after the person’s commercial driving privileges were reinstated under subsection (3) of this section. The department may not reinstate the commercial driving privileges for the lifetime of a person whose commercial driving privileges are suspended under this subsection. [2013 c.237 §6](2)
Notwithstanding ORS 809.510 (Conviction of crime), the department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of trafficking in persons as defined by the department by rule. The department may not reinstate commercial driving privileges of a person whose commercial driving privileges are suspended under this subsection.(3)
Notwithstanding ORS 809.510 (Conviction of crime), the department shall suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a second or subsequent record, report or notice described in ORS 809.510 (Conviction of crime) that does not arise out of the same incident and that would be grounds for suspension of the person’s commercial driving privileges under ORS 809.510 (Conviction of crime).(4)
Except as provided in subsections (1), (2) and (5) of this section, a person whose commercial driving privileges were suspended under subsection (3) of this section may apply to the department for reinstatement of the person’s commercial driving privileges. An application for reinstatement may not be made under this subsection earlier than 10 years after the date that the person’s commercial driving privileges were suspended under subsection (3) of this section. The department may reinstate the person’s commercial driving privileges if:(a)
The person meets all other requirements for the granting of commercial driving privileges;(b)
The department, in its sole discretion, finds good cause exists for reinstatement; and(c)
The department finds that the person has successfully completed rehabilitation as approved by the department.(5)
The department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record, report or notice described in subsection (3) of this section that relates to conduct that occurred after the person’s commercial driving privileges were reinstated under subsection (4) of this section. The department may not reinstate the commercial driving privileges for the lifetime of a person whose commercial driving privileges are suspended under this subsection.(2)
Notwithstanding ORS 809.510 (Conviction of crime), the department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of trafficking in persons as defined by the department by rule. The department may not reinstate commercial driving privileges of a person whose commercial driving privileges are suspended under this subsection.(3)
Intentionally left blank —Ed.(a)
Notwithstanding ORS 809.510 (Conviction of crime), the department shall suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a second or subsequent record, report or notice described in ORS 809.510 (Conviction of crime) that does not arise out of the same incident and that would be grounds for suspension of the person’s commercial driving privileges under ORS 809.510 (Conviction of crime).(b)
The department may adopt rules providing for the reinstatement of commercial driving privileges suspended under this subsection. The department may not reinstate commercial driving privilege suspensions under this subsection earlier than 10 years after the date that the person’s commercial driving privileges are suspended under paragraph (a) of this subsection.(c)
The department shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record, report or notice described in paragraph (a) of this subsection that relates to conduct that occurred after the person’s commercial driving privileges were reinstated under paragraph (b) of this subsection. The department may not reinstate the commercial driving privileges of a person whose commercial driving privileges are suspended under this paragraph.(4)
A suspension imposed under this section is consecutive to any other suspension imposed under ORS 809.510 (Conviction of crime), 809.525 (Serious traffic offenses), 809.530 (Violation of out-of-service order) or 809.535 (Suspension of commercial driver license for specified rail crossing violations), if the suspensions do not arise out of the same incident.
Source:
Section 809.520 — Lifetime suspension of commercial driving privileges, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html.
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