2017 ORS 806.240¹
Proof of compliance with future responsibility filing requirement
  • filing for another
  • failure of proof to meet requirements

Future responsibility filings required by ORS 806.200 (Failure to file after accident), 806.220 (Failure to file after failing verification) or 806.230 (Failure of previous violator to file) or by any other law of this state are subject to all of the following:

(1) Except as provided in subsection (3) of this section, the person required to make the filing must file with the Department of Transportation, or have filed with the department for the benefit of the person, proof that meets the requirements of this section and must maintain the proof as required under ORS 806.245 (Termination of future responsibility filing requirement). The filing is made on the date it is received by the department if it is received during regular business hours.

(2) The proof filed under subsection (1) of this section must be:

(a) A certificate or certificates of insurance that meet the requirements under ORS 806.270 (Certificate of insurance); or

(b) A valid certificate of self-insurance issued by the department under ORS 806.130 (Self-insurance).

(3) The owner of a motor vehicle may make a future responsibility filing under this section on behalf of the owner’s employee or a member of the owner’s immediate family or household in lieu of the filing being made by the person. Filing under this subsection permits the person on whose behalf the filing is made to operate only a motor vehicle covered by the proof given in the filing. The department shall endorse restrictions, as appropriate, on any license or driver permit the person holds as the department determines necessary to limit the person’s ability to operate vehicles consistent with this subsection.

(4) Whenever proof filed under this section no longer meets the requirements of this section, the department shall require the furnishing of other proof for the future responsibility filing. If other proof is not furnished, the department shall suspend the driving privileges of the person as provided under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty) or, if applicable, any registration as provided under ORS 809.050 (Revocation or suspension of registration of employer for failure to make future responsibility filing). [1983 c.338 §859; 1987 c.258 §2; 1995 c.41 §7; 2003 c.14 §466; 2003 c.175 §8; 2003 c.402 §16; 2009 c.257 §6]

Chapter 806

Notes of Decisions

Under Former Similar Statutes (Ors Chapter 486)

When a driver is involved in an accident that otherwise brings him within the purview of this chapter, he must thereafter file proof of future responsibility regardless of whether or not there is a reasonable possibility he was in any de­gree at fault in the accident. Boykin v. Ott, 10 Or App 210, 498 P2d 815 (1972), Sup Ct review denied, app. dis., 411 US 912, 36 L Ed 2d 304, 93 S Ct 1554

This chapter was not unconstitu­tional as denying due process or equal protec­tion of the laws under the U.S. Constitu­tion. Boykin v. Ott, 10 Or App 210, 498 P2d 815 (1972), Sup Ct review denied, app. dis., 411 US 912, 36 L Ed 2d 304, 93 S Ct 1554

This act does not require coverage for inten­tionally inflicted injuries or damages. Snyder v. Nelson/Leatherby Ins., 278 Or 409, 564 P2d 681 (1977)

Inten­tional inflic­tion of injury or damage occurs where injury or damage sustained was intended result of ac­tion. Snyder v. Nelson/Leatherby Ins., 278 Or 409, 564 P2d 681 (1977)

Motor vehicle liability policy issued pursuant to Financial Responsibility Law must provide coverage for liability arising from physical injuries to relatives of insured who reside in insured’s household. Dowdy v. Allstate Ins. Co., 68 Or App 709, 685 P2d 444 (1984), Sup Ct review denied

In General

Financial responsibility laws generally are to ensure that drivers can respond in damages for liability and especially to ensure that motor vehicle accident victims are compensated for injuries. State Farm Fire and Casualty Co. v. Jones, 306 Or 415, 759 P2d 271 (1988)

Car insurance policy violated Financial Responsibility Law where it excluded liability coverage for permissive user’s injury of insured while driving insured’s car. State Farm Fire and Casualty Co. v. Jones, 306 Or 415, 759 P2d 271 (1988)

Automobile insurance policy must cover not only named insured but also must provide coverage for all per­sons who operate insured vehicle with con­sent of insured. Viking Ins. Co. v. Petersen, 308 Or 616, 784 P2d 437 (1989)

Where Financial Responsibility Law requires motor vehicle insurance policies to insure against all liability arising out of motor vehicle “ownership, opera­tion, use or maintenance,” insurer’s named driver policy which insurer sold to insured in connec­tion with insured’s vehicle must be construed as providing coverage by law and insurer is responsible for insured’s de­fense. Viking Ins. Co. v. Perotti, 308 Or 623, 784 P2d 1081 (1989)

Family exclusion pro­vi­sion of policy is ineffective only as to statutorily re­quired min­i­mum amounts; insurer may limit addi­tional coverage by any exclusion not otherwise prohibited by law. Collins v. Farmers Ins. Co., 312 Or 337, 822 P2d 1146 (1991); Farmers Insurance Co. v. Mowry, 350 Or 686, 261 P3d 1 (2011)

Atty. Gen. Opinions

Under Former Similar Statutes (Ors Chapter 486)

Financial responsibility certifica­tion date and necessary in­for­ma­­tion, (1978) Vol 38, p 1876

Law Review Cita­tions

Under Former Similar Statutes (Ors Chapter 486)

8 WLJ 77-84 (1972); 12 WLJ 406-412 (1976)

1 Legislative Counsel Committee, CHAPTER 806—Financial Responsibility Law, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors806.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 806, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano806.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.