2017 ORS 809.310¹
Cancellation or suspension of driving privileges
  • grounds
  • surrender of license or permit
  • duration
  • reissuance of privileges

This section is amended
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) The Department of Transportation may cancel any driving privileges upon determining that the person is not entitled to the driving privileges under the vehicle code. The department may reissue driving privileges canceled under this subsection when the applicant has satisfied all requirements for the driving privileges sought.

(2) The department may cancel any driver license or permit that contains any error or defect or that is found to have been issued on the basis of false information given to the department. Cancellation under this subsection is in addition to any suspension of driving privileges authorized for the same conduct.

(3) The department may suspend any driving privileges or right to apply for privileges or any identification card or right to apply for a card upon determining that the person issued or applying for the driving privileges or identification card has committed any of the following acts:

(a) Failed to give the required or correct information in the application for the driving privileges or for an identification card, in violation of ORS 807.430 (Misuse of identification card) or 807.530 (False application for license).

(b) Committed false swearing in making application for the driving privileges in violation of ORS 807.520 (False swearing to receive license).

(c) Used an invalid license or identification card in violation of ORS 807.430 (Misuse of identification card) or 807.580 (Using invalid license).

(d) Permitted misuse of license, permit or identification card in violation of ORS 807.430 (Misuse of identification card) or 807.590 (Permitting misuse of license).

(e) Used the license, permit or identification card of another in violation of ORS 807.430 (Misuse of identification card) or 807.600 (Using another’s license).

(f) Produced identification cards, licenses, permits, forms or camera cards in violation of ORS 807.500 (Unlawful production of certain documents).

(g) Transferred documents for the purpose of misrepresentation in violation of ORS 807.510 (Transfer of documents for purposes of misrepresentation).

(h) Given false information to a police officer in violation of ORS 807.620 (Giving false information to police officer).

(4) Upon suspension or cancellation of driving privileges under this section, a person whose privileges are suspended or canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500 (Failure to return suspended, revoked or canceled license).

(5) To obtain driving privileges after the period of suspension or cancellation under this section, a person must reapply for driving privileges in the manner established by law. [1983 c.338 §345; 1985 c.393 §8; 1987 c.272 §1; 1993 c.393 §6]

Notes of Decisions

Under Former Similar Statute

Where peti­tioner misused an­oth­er’s driver license, Motor Vehicles Division had no authority to cancel her license under this sec­tion because “permitting misuse” does not include misusing an­oth­er’s license. Wester v. MVD, 82 Or App 641, 728 P2d 953 (1986)

In General

Alleged viola­tions of Article I, sec­tion 9 of Oregon Constitu­tion or Fourth Amend­ment of U.S. Constitu­tion are outside scope of hearing re­gard­ing cancella­tion of driving privileges under this sec­tion. Merrifield v. MVD, 106 Or App 359, 807 P2d 329 (1991)

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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 809, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano809.­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.