2015 ORS 809.210¹
Suspension or restriction of driving privileges for failure to pay fine or obey court order
  • exceptions

(1) A court may do any of the following if the defendant is convicted of any traffic offense and fails or refuses to pay a fine imposed by the court or to comply with any condition upon which payment of the fine or any part of it was suspended:

(a) Issue a notice of suspension to the Department of Transportation that directs the department to implement procedures under ORS 809.416 (When person subject to suspension under ORS 809.415).

(b) Order a defendant’s driving privileges restricted.

(2) The authority granted in this section is in addition to or instead of any other method authorized by law for enforcing a court order.

(3) If a court places restrictions on driving privileges under this section:

(a) The court shall immediately advise the department of the restrictions.

(b) Upon removal of such restriction, the court shall notify the department that the restriction is ended.

(c) The restriction shall remain in effect until ended by the court.

(d) The department shall take action as provided under ORS 807.120 (Restrictions generally) on restrictions imposed under this section.

(e) The restrictions may include any restriction, condition or requirement.

(f) Violation of the restriction is punishable as provided under ORS 807.010 (Operating vehicle without driving privileges or in violation of license restrictions).

(4) If the court issues a notice of suspension that directs the department to implement procedures under ORS 809.416 (When person subject to suspension under ORS 809.415) as provided under this section:

(a) And if, at any time within the period of suspension under this section, a person pays the fine, has begun making payments according to the payment schedule established with the court or has obeyed the order of the court, the court shall immediately send to the department a notice of reinstatement. The notice of suspension may be reissued if the person ceases making payments before the fine is paid in full. The reissuance does not extend the original period of suspension.

(b) The department shall take action on the suspension as provided under ORS 809.416 (When person subject to suspension under ORS 809.415).

(5)(a) At any time after the court issues a notice of suspension under this section, the person whose driving privileges have been suspended may seek reinstatement with the court if the person is enrolled in a preapprenticeship program, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), or is a registered apprentice under ORS 660.020 (Necessity for written agreement). The court shall issue a notice of reinstatement of the person’s driving privileges if the person provides the court with a form that includes verification from the Bureau of Labor and Industries that the person is enrolled in a preapprenticeship program or is a registered apprentice.

(b) The bureau shall develop the form prescribed in paragraph (a) of this subsection. The form must include:

(A) The name of the person who is enrolled in a preapprenticeship program or registered as an apprentice;

(B) A statement from the person’s program, certifying that the person is enrolled in the preapprenticeship program or is a registered apprentice;

(C) The date on which the person is scheduled to complete the program;

(D) For a person who is enrolled in a preapprenticeship program, a statement that the program will notify the bureau of the registration of the person as an apprentice under ORS 660.020 (Necessity for written agreement) after completion of the person’s preapprenticeship program or notify the bureau of the person’s failure to register; and

(E) A statement that the program will notify the court if the person fails to complete the program or fails to register as an apprentice under ORS 660.020 (Necessity for written agreement) after completion of a preapprenticeship program.

(c) Upon the request of a person whose driving privileges have been suspended under this section, the bureau shall seek to verify that the person is enrolled in a preapprenticeship program or is registered as an apprentice. If the bureau verifies that the person is enrolled in a preapprenticeship program or is registered as an apprentice, the bureau shall include the verification on the form described in this subsection.

(d) If the court receives a notice from the program that the person has failed to complete the program, or failed to register as an apprentice under ORS 660.020 (Necessity for written agreement) after completion of a preapprenticeship program, the court shall reissue the notice of suspension. The reissuance does not extend the original period of suspension.

(6) A person whose driving privileges are reinstated under subsection (5) of this section shall establish a payment schedule with the court and begin making payments within six months after completing a preapprenticeship program and apprenticeship program, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), or six months after completing an apprenticeship program if the person was never enrolled in a preapprenticeship program. The court shall reissue the notice of suspension if the person does not establish a payment schedule within the time required under this subsection. The reissuance does not extend the original period of suspension.

(7) A court may not issue a notice of suspension under this section that directs the department to implement procedures under ORS 809.416 (When person subject to suspension under ORS 809.415) for failure to pay a fine relating to any parking offense, pedestrian offense or bicycling offense.

(8) A notification by a court to the department under this section shall be in a form prescribed by the department. [1983 c.338 §387; 1985 c.16 §203; 1985 c.669 §13; 1991 c.702 §5; 1993 c.751 §54; 2013 c.432 §§1,8]

Atty. Gen. Opinions

Under Former Similar Statute

Limited driving order not to supersede a suspension, (1976) Vol 38, p 172


1 Legislative Counsel Committee, CHAPTER 809—Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors809.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 809, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano809.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.