ORS 809.419
Suspensions for physical or mental condition or impairment


(1)

Intentionally left blank —Ed.

(a)

The Department of Transportation shall suspend the driving privileges of a person if the department requests the person to submit to examination under ORS 807.340 (Proof of eligibility) and the person fails to appear within a reasonable length of time after being notified to do so or fails to satisfactorily complete the required examination. A suspension under this subsection shall continue until the examination required by the department is successfully completed or until the person voluntarily surrenders the person’s driving privileges to the department based upon the person’s recognition that the person is no longer competent to drive.

(b)

Upon suspension under this subsection, the department may issue an identification card to the person for identification purposes as described under ORS 807.400 (Issuance).

(2)

The department shall suspend the driving privileges of a person if the department requests the person to obtain medical clearance under ORS 807.070 (Examinations) or 807.090 (Establishing eligibility notwithstanding mental or physical condition or impairment) and the person fails to do so. The suspension under this subsection shall continue until the required medical clearance is received by the department or until the person voluntarily surrenders the person’s driving privileges to the department based upon the person’s recognition that the person is no longer competent to drive.

(3)

Intentionally left blank —Ed.

(a)

The department may suspend the driving privileges of a person who is incompetent to drive a motor vehicle because of a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle upon the highways.

(b)

A suspension under this subsection shall be subject to any conditions the department determines to be necessary and shall continue for a period determined by the department or until the person voluntarily surrenders the person’s driving privileges to the department based upon the person’s recognition that the person is no longer competent to drive.

(c)

The department may impose an immediate suspension of driving privileges of any person described in paragraph (a) of this subsection without hearing and without receiving a record of the conviction of the person of a crime if the department has reason to believe that the person may endanger people or property if the person’s driving privileges are not immediately suspended. A suspension under this paragraph is subject to a post-imposition hearing under ORS 809.440 (Hearing and administrative review procedures). A person who is denied eligibility under ORS 807.090 (Establishing eligibility notwithstanding mental or physical condition or impairment) is entitled to a hearing under ORS 809.440 (Hearing and administrative review procedures).

(4)

Intentionally left blank —Ed.

(a)

Whenever the department has reason to believe an individual with a motorcycle endorsement under ORS 807.170 (Requirements for issuance) is incompetent to operate a motorcycle, the department may revoke the endorsement.

(b)

Upon revocation under this subsection, the endorsed license shall be surrendered to the department.

(c)

Upon surrender of the endorsed license, the department may issue a license without endorsement for the unexpired period of the license.

(5)

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, the department shall immediately suspend the driving privileges of the released person. A suspension under this subsection is subject to administrative review under ORS 809.440 (Hearing and administrative review procedures) and shall continue until such time as the person produces a judicial judgment of competency or a certificate from the superintendent of the hospital that the person is competent, or establishes eligibility under ORS 807.090 (Establishing eligibility notwithstanding mental or physical condition or impairment).

(6)

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 and committed to the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board), the department shall immediately suspend the driving privileges of the person. A suspension under this subsection is subject to administrative review under ORS 809.440 (Hearing and administrative review procedures) and shall continue until such time as the person establishes eligibility under ORS 807.090 (Establishing eligibility notwithstanding mental or physical condition or impairment). [2003 c.402 §7; 2003 c.576 §566b; 2005 c.140 §4; 2007 c.195 §3; 2011 c.126 §1; 2011 c.708 §29; 2017 c.442 §28]

Source: Section 809.419 — Suspensions for physical or mental condition or impairment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

Law Review Citations

Under former similar statute (ORS 809.410)

29 WLR 829 (1993)

809.090
Cancellation of registration or title for failure to qualify
809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements
809.100
Hearing on proposed cancellation or refusal
809.110
Failure to surrender canceled registration or title
809.120
Court-ordered suspension of registration or driving privileges for weight violation
809.130
Suspension or revocation of driving privileges for unsettled judgment
809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name
809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges
809.220
Failure to appear
809.230
Court suspension or revocation of nonresident driving privileges
809.235
Permanent revocation of driving privileges upon conviction of certain crimes
809.240
Court-ordered suspension or revocation
809.260
Court-ordered suspension of driving privileges of juvenile
809.267
Additional fee upon notice of suspension or restriction
809.270
Driver improvement course
809.275
Court to take possession of license or permit
809.280
Department procedures following court order of suspension or revocation
809.310
Cancellation or suspension of driving privileges
809.312
Reissuance of privileges after suspension for submitting false information
809.320
Cancellation on written request of parent or legal guardian
809.360
General provisions relating to suspension or revocation of driving privileges
809.380
Period of suspension
809.390
Period of revocation
809.400
Suspension or revocation for out-of-state conviction
809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement
809.409
Revocation for conviction of crime
809.411
Suspension for conviction of crime
809.412
Authority of juvenile court for suspension or revocation
809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty
809.416
When person subject to suspension under ORS 809.415
809.417
Suspension for conduct regarding accidents
809.419
Suspensions for physical or mental condition or impairment
809.421
Suspensions for miscellaneous driving-related actions
809.428
Schedule of suspension or revocation periods for certain offenses
809.430
Notice of suspension, cancellation or revocation
809.440
Hearing and administrative review procedures
809.450
Hearing for rescission of suspension for financial and future responsibility violations
809.460
Rescission of suspension or revocation upon appeal of underlying conviction
809.470
When judgment considered settled for purposes of suspension requirements
809.480
Driver improvement programs
809.490
Suspension or revocation of driving privileges of nonresident driver
809.500
Failure to return suspended, revoked or canceled license
809.510
Conviction of crime
809.515
Failure to appear, pay fine or obey court order in another jurisdiction
809.520
Lifetime suspension of commercial driving privileges
809.525
Serious traffic offenses
809.530
Violation of out-of-service order
809.535
Suspension of commercial driver license for specified rail crossing violations
809.540
Right to apply
809.545
Administrative review
809.550
Application of ORS 809.510 to 809.545
809.600
Kinds of offenses and number of convictions
809.605
Determination of which offenses count
809.610
Restriction of driving privileges
809.640
Procedures on habitual offender determination
809.698
Definition of “vehicle immobilization device.”
809.700
Court-ordered impoundment or immobilization upon conviction
809.702
Tampering with vehicle immobilization device
809.710
Authority to refuse to release vehicle to intoxicated person
809.716
Hearing on impoundment
809.720
Impoundment for specified offenses
809.725
Notice following impoundment under city or county ordinance
809.730
Seizure of motor vehicle for civil forfeiture
809.735
Preemption of local forfeiture ordinances
809.740
Seizure of motor vehicle for forfeiture
809.745
Adoption of policies and procedures prior to forfeiture
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