2017 ORS 807.250¹
Restrictions on issuance of hardship permit

This section is repealed
Effective January 1, 2019
Relating to driving privileges; creating new provisions; amending ORS 163.196, 164.775, 165.805, 430.165, 430.197, 801.250, 802.170, 802.550, 807.020, 807.200, 807.240, 807.370, 809.135, 809.260, 809.275, 809.280, 809.310, 809.312, 809.380, 809.390, 809.409, 809.411, 809.415, 809.416, 809.600, 811.175, 811.182, 813.040 and 813.520; and repealing ORS 339.254, 339.257, 807.250, 807.252, 807.260, 807.270, 809.265, 809.423, 809.650, 809.660, 813.500 and 813.510.

(1) In addition to any requirements under ORS 807.240 (Hardship permit) and any applicable conditions under ORS 813.500 (Restrictions on issuance) and 813.520 (Limitations on authority to issue hardship permit or reinstate driving privileges), the Department of Transportation may not issue a hardship permit under ORS 807.240 (Hardship permit) to a person whose suspension of driving privileges is based upon a conviction of any of the following unless the person submits to the department a recommendation from the judge before whom the person was convicted:

(a) ORS 811.140 (Reckless driving).

(b) ORS 811.540 (Fleeing or attempting to elude police officer).

(c) Driving while under the influence of intoxicants. If a person’s driving privileges are suspended for a conviction for driving while under the influence of intoxicants and the person is determined under ORS 813.500 (Restrictions on issuance) to have a problem condition involving alcohol, cannabis, controlled substances or inhalants as described in ORS 813.040 (Standards for determination of problem condition involving alcohol, inhalants or controlled substances), the judge must:

(A) Make the recommendation with reference to the best interest of the public as well as of the defendant and the recommendation must be in writing.

(B) Recommend times, places, routes and days minimally necessary for the person to seek or retain employment, to attend any gambling addiction, alcohol or drug treatment or rehabilitation program or to receive necessary medical treatment for the person or a member of the person’s immediate family.

(2) The department may not issue a hardship permit to a person whose suspension of driving privileges is based on a conviction described in ORS 809.265 (Suspension for inhalant or controlled substances conviction).

(3) The department may not issue a hardship permit to a person whose driver license or driver permit is suspended pursuant to ORS 25.750 (Suspension of licenses, certificates, permits and registrations) to 25.783 (Confidentiality of information).

(4) The department may not issue a hardship permit to a person whose driving privileges are suspended pursuant to ORS 809.280 (Department procedures following court order of suspension or revocation) (4) or 809.416 (When person subject to suspension under ORS 809.415) (1) or (2). [1985 c.16 §150; 1987 c.262 §2; 1987 c.801 §4; 1991 c.835 §5; 1995 c.750 §§3,6; 1999 c.619 §6; 2003 c.23 §2; 2003 c.204 §1; 2011 c.355 §27; 2017 c.21 §76; 2017 c.319 §2]

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.