2011 ORS § 813.510¹
Limitations on privileges granted by permit
  • conditions of permit

This section establishes limitations that the Department of Transportation is required or permitted to place on hardship permits issued under ORS 807.240 (Hardship permit) to persons whose suspension is based upon a conviction for driving under the influence of intoxicants or upon ORS 813.100 (Implied consent to breath or blood test). Limitations placed on a hardship permit under this section are in addition to any limitations placed on the permit under ORS 807.240 (Hardship permit). A persons permit is subject to suspension or revocation as provided under ORS 807.240 (Hardship permit) if the department determines that the holder of the permit has violated any limitation placed upon the permit under this section. Violation of a limitation under this section is punishable as provided by ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked). The limitations are as described in the following:

(1) A hardship permit issued to the person shall limit the persons driving privileges:

(a) To the times, places, routes and days the department determines to be minimally necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program or to obtain required medical treatment for the person or a member of the persons immediate family; and

(b) To times, places, routes and days that are specifically stated.

(2) The persons driving privileges under the permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit.

(3) If the person is in a rehabilitation program under ORS 813.500 (Restrictions on issuance), the person must complete the rehabilitation program.

(4) The department may require the person to complete a driver improvement program under ORS 809.480 (Driver improvement programs) as a condition of the permit.

(5) If the person is involved in a diversion agreement under ORS 813.220 (Matters to be considered by court in determining to allow diversion agreement) and 813.230 (Diversion agreement), the department may require the person to successfully complete the diversion program as a condition of retaining the permit.

(6) The department shall condition the permit so that the permit will be revoked if the person is convicted of any of the following:

(a) Reckless driving under ORS 811.140 (Reckless driving).

(b) Driving under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants).

(c) Failure to perform the duties of a driver under ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons).

(d) Fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(e) Driving while suspended or revoked under ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked). [1983 c.338 §329; 1985 c.16 §146; 1987 c.730 §21; 1987 c.801 §14; 1991 c.208 §5; 2003 c.23 §5]