2015 ORS 809.430¹
Notice of suspension, cancellation or revocation
  • contents
  • service

(1) When the Department of Transportation, as authorized or required, suspends, revokes or cancels driving privileges, commercial driving privileges or the right to apply for driving privileges or commercial driving privileges, the department shall give notice under this section of such action to the person whose driving privileges, commercial driving privileges or right to apply is affected.

(2) Notice under this section shall state the nature and reason for the action and, in the case of a suspension, whether it was ordered by a court.

(3) If violation of a suspension or revocation would constitute the offense described in ORS 811.182 (Criminal driving while suspended or revoked), service of notice of the suspension or revocation under this section is accomplished by:

(a) Mailing the notice by certified mail, restricted delivery, return receipt requested, to the person’s address as shown by driver licensing records of the department; or

(b) Personal service in the same manner as a summons is served in an action at law.

(4) Service of notice under this section for all other actions is accomplished by:

(a) Mailing the notice by first class mail to the person’s address as shown by driver licensing records of the department; or

(b) Personal service in the same manner as a summons is served in an action at law. [1983 c.338 §355; 1989 c.636 §36; 1989 c.801 §1; 1991 c.695 §1; 1993 c.741 §83; 2013 c.237 §21]

Notes of Decisions

Under Former Similar Statute

Where defendant had not taken delivery of any written notices of suspension of license sent to him, evidence of defendant's prior driving con­vic­­tions was admissible for purpose of proving defendant's knowledge that his license was suspended. State v. Hetland, 31 Or App 529, 570 P2d 1201 (1977), Sup Ct review denied

Evidence that Division followed re­quired pro­ce­dure for notifying defendant of suspension was sufficient to support finding that defendant had received notice. State v. Gartzke, 35 Or App 151, 580 P2d 1062 (1978)

Notifica­tion that certified mail is at post office is notice of suspension. State v. DeMello, 300 Or 590, 716 P2d 732 (1986)

Atty. Gen. Opinions

Under Former Similar Statute

Receipt of notice not relevant to sufficiency of service, (1976) Vol 38, p 164


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.