2017 ORS 809.390¹
Period of revocation
  • effect
  • reinstatement
  • fee

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.

All of the following apply to a person whose driving privileges have been revoked:

(1) The period of revocation shall last as long as required for the revocation by law.

(2) During the period of revocation, the person is not entitled to exercise any driving privileges in this state or to apply for or receive any driving privileges in this state except when a person who has been determined to be a habitual offender is permitted to obtain driving privileges under a probationary driving permit as described under ORS 807.270 (Probationary driver permit) and 809.650 (Effect of habitual offender revocation). This subsection prohibits the issuance of any driver permit, including a hardship permit described under ORS 807.240 (Hardship permit), to a person whose driving privileges or right to apply for driving privileges are revoked except as provided for the probationary driving permit under ORS 807.270 (Probationary driver permit).

(3) Upon expiration of the revocation period, the person must reapply for driving privileges in the manner established by law and must reestablish the person’s eligibility for issuance of driving privileges. If driving privileges are revoked because the person is a habitual offender, the person must meet the additional eligibility requirements for reinstatement of driving privileges under ORS 809.650 (Effect of habitual offender revocation) and 809.660 (Restoration of privileges).

(4) The Department of Transportation may issue new driving privileges to a person before the expiration of the revocation period if the person is otherwise entitled to be issued driving privileges and when, with reference to a conviction upon which the revocation was based, the Governor has pardoned the person of the crime.

(5) The department shall not issue any driving privileges in contradiction to this section.

(6) If the person fails to surrender to the department any license or driver permit issued as evidence of driving privileges that are revoked, the person is subject to the penalty under ORS 809.500 (Failure to return suspended, revoked or canceled license).

(7) No reinstatement of revoked driving privileges will be made by the department until the fee for reinstatement of revoked driving privileges established under ORS 807.370 (License, endorsement and permit fees) is paid to or waived by the department. The department may waive the reinstatement fee if the department committed an error in issuing the revocation. [1983 c.338 §351; 1985 c.16 §165; 1985 c.393 §10; 1985 c.669 §1; 1987 c.801 §8]

Atty. Gen. Opinions

Under Former Similar Statute (Ors 486.211)

Distinc­tions between license suspension and revoca­tion, (1976) Vol 38, p 257

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.