The Department of Transportation shall provide for issuance of probationary driver permits in a manner consistent with this section. A probationary driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a probationary driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license. The following apply to a probationary driver permit:
(1) The department may issue a probationary driver permit to a person whose driving privileges have been revoked as a habitual offender under ORS 809.640 (Procedures on habitual offender determination).
(2) The department may issue a probationary driver permit that is valid for the duration of the revocation period unless the permit is suspended or revoked.
(3) A probationary driver permit may only be issued to a person while that persons driving privileges and right to apply for driving privileges are otherwise revoked under ORS 809.640 (Procedures on habitual offender determination) because the person has been determined to be a habitual offender.
(4) The department may not issue a probationary driver permit authorizing operation of a commercial motor vehicle.
(5) The fee charged for application or issuance of a probationary driver permit is the probationary driver permit application fee under ORS 807.370 (License, endorsement and permit fees). The department may not refund the fee if the application is denied or if the driver permit is suspended or revoked. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370 (License, endorsement and permit fees).
(6) Before an applicant may be issued a probationary driver permit, the applicant must meet the following qualifications in addition to any other qualifications for the permit:
(a) The applicant must successfully complete a driver improvement course approved by the department; and
(b) The applicant must submit a report of a diagnostic examination conducted by a private physician showing to the satisfaction of the department that the applicant is physically and mentally competent to safely operate a motor vehicle.
(7) A person who is issued a probationary driver permit must continually satisfy the conditions of the permit.
(8) If a person issued a probationary driver permit is convicted of one offense described in ORS 809.600 (Kinds of offenses and number of convictions) (1) or more than one offense described in ORS 809.600 (Kinds of offenses and number of convictions) (2) within any 12-month period, the permit shall be revoked and no license or permit may be issued for one year from the date of the revocation.
(9) The department may establish by rule additional limitations for a probationary driver permit. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 (Violation driving while suspended or revoked) and 811.182 (Criminal driving while suspended or revoked).
(10) Upon receiving satisfactory evidence of any violation of the limitations placed on a probationary driver permit under this section, the department may suspend or revoke the probationary driver permit. [1983 c.338 §326; 1985 c.16 §143; 1985 c.597 §18; 1985 c.608 §28; 1987 c.730 §12; 1999 c.1051 §280; 2001 c.294 §2; 2003 c.160 §3; 2007 c.195 §4]