2013 ORS § 809.416¹
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 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.

(4) A person is subject to suspension under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) (4) if the person pays the department any fee or tax with a bank check and the check is returned to the department as uncollectible or the person tenders payment with a credit or debit card and the issuer of the card does not pay the department. A person who is subject under this subsection remains subject until the department receives the money for the fee or tax and any fee charged by the department under ORS 802.170 (Uncollectible tender of payment) or until five years have elapsed, whichever is earlier. [Formerly 809.290; 2007 c.127 §2; 2013 c.432 §§3,9]

Note: Section 13, chapter 432, Oregon Laws 2013, provides:

Sec. 13. The amendments to ORS 809.210 (Suspension or restriction of driving privileges for failure to pay fine or obey court order) and 809.416 (When person subject to suspension under ORS 809.415) by sections 8 and 9 of this 2013 Act apply to offenses occurring before, on or after January 1, 2014. [2013 c.432 §13]

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.