2017 ORS 807.040¹
Requirements for issuance
  • rules
  • fees

(1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

(a) The person must complete an application for a license under ORS 807.050 (Application).

(b) As required by ORS 807.021 (Proof of legal presence) and 807.730 (Issuance of limited term driver licenses, permits and identification cards), the person must provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

(c) The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024 (Collection of biometric data).

(d) The person must not be ineligible for the license under ORS 807.060 (Eligibility) and must be eligible for the license under ORS 807.062 (Domicile or residency requirement for driver license).

(e) The person must successfully pass all examination requirements under ORS 807.070 (Examinations) for the class of license sought.

(f) The person must pay the appropriate license fee under ORS 807.370 (License, endorsement and permit fees) for the class of license sought.

(g) The person must pay the Student Driver Training Fund eligibility fee.

(h) If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

(i) If the application is for a commercial driver license, the department must have received and recorded, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements to operate a commercial motor vehicle. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

(j) If the application is for a commercial driver license, the person must:

(A) Have at least one year’s driving experience, including relevant experience obtained in the military;

(B) Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges);

(C) Not be otherwise ineligible to hold a commercial driver license;

(D) Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (Examinations) (3); and

(E) In addition to meeting the requirement of providing proof of legal presence under ORS 807.021 (Proof of legal presence) and this section, the person must submit valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States or is a citizen of a country with a Compact of Free Association with the United States.

(2) Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license or a limited term commercial learner driver permit issued under ORS 807.730 (Issuance of limited term driver licenses, permits and identification cards).

(3) The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses. [1983 c.338 §301; 1985 c.16 §124; 1985 c.182 §2; 1985 c.608 §14a; 1989 c.636 §16; 1991 c.709 §1; 1993 c.751 §34; 2001 c.668 §8; 2005 c.22 §515; 2005 c.649 §15; 2005 c.775 §6; 2008 c.1 §§9,10; 2011 c.282 §2; 2012 c.43 §30; 2013 c.237 §38; 2017 c.190 §5; 2017 c.306 §4]

Note: The amendments to 807.040 (Requirements for issuance) by section 14, chapter 568, Oregon Laws 2017, become operative July 1, 2020. See section 21, chapter 568, Oregon Laws 2017. The text that is operative on and after July 1, 2020, is set forth for the user’s convenience.

807.040 (Requirements for issuance). (1) The Department of Transportation shall issue a driver license to any person who complies with all of the following requirements:

(a) The person must complete an application for a license under ORS 807.050 (Application).

(b) As required by ORS 807.021 (Proof of legal presence) and 807.730 (Issuance of limited term driver licenses, permits and identification cards), the person must provide the Social Security number assigned to the person by the United States Social Security Administration and proof of legal presence in the United States or, if the person is not eligible for a Social Security number, proof of legal presence in the United States and proof that the person is not eligible for a Social Security number.

(c) The person must submit to collection of biometric data by the department that establish the identity of the person as described in ORS 807.024 (Collection of biometric data).

(d) The person must not be ineligible for the license under ORS 807.060 (Eligibility) and must be eligible for the license under ORS 807.062 (Domicile or residency requirement for driver license).

(e) The person must successfully pass all examination requirements under ORS 807.070 (Examinations) for the class of license sought.

(f) The person must pay the appropriate license fee under ORS 807.370 (License, endorsement and permit fees) for the class of license sought.

(g) The person must pay the Student Driver Training Fund eligibility fee.

(h) If the application is for a commercial driver license, the person must be the holder of a Class C license or any higher class of license.

(i) If the application is for a commercial driver license, the department must have received and recorded, in a form approved by the department, the report of a medical examination that establishes that the person meets the medical requirements to operate a commercial motor vehicle. The department, by rule, shall establish medical requirements for purposes of this paragraph. The medical requirements established under this paragraph may include any requirements the department determines are necessary for the safe operation of vehicles permitted to be operated under the class of license for which the requirements are established.

(j) If the application is for a commercial driver license, the person must:

(A) Have at least one year’s driving experience, including relevant experience obtained in the military;

(B) Not be subject to a lifetime suspension of commercial driving privileges under ORS 809.520 (Lifetime suspension of commercial driving privileges);

(C) Not be otherwise ineligible to hold a commercial driver license;

(D) Hold a commercial learner driver permit if the person must complete a skills demonstration under ORS 807.070 (Examinations) (3); and

(E) In addition to meeting the requirement of providing proof of legal presence under ORS 807.021 (Proof of legal presence) and this section, the person must submit valid documentation, as defined by the department by rule, that the person is a citizen or permanent legal resident of the United States or is a citizen of a country with a Compact of Free Association with the United States.

(k) The person must present acceptable documents to prove identity, date of birth and address. The department shall determine by rule which documents are acceptable to prove identity, date of birth and address.

(L) If the application is for a Real ID, the person must comply with the requirements under the vehicle code for issuance of Real IDs.

(2) Subsection (1)(j)(E) of this section does not apply to a limited term commercial driver license or a limited term commercial learner driver permit issued under ORS 807.730 (Issuance of limited term driver licenses, permits and identification cards).

(3) The department shall work with other agencies and organizations to attempt to improve the issuance system for driver licenses.

1 Legislative Counsel Committee, CHAPTER 807—Driving Privileges and Identification Cards, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors807.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.