Oregon Revised Statutes

Chapter 809 — Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment

96 sections

809.010 [1983 c.338 §386; 1985 c.16 §202; 1985 c.173 §6; 1987 c.730 §13; 1991 c.407 §30; repealed by 2021 c.630 §85]

809.020 [1983 c.338 §284; 1985 c.16 §116; 1999 c.359 §2; 2011 c.355 §28; repealed by 2021 c.630 §85]

809.030 [1983 c.338 §292; repealed by 2021 c.630 §85]

809.040 [1983 c.338 §283; 1985 c.16 §115; 1985 c.401 §12; 1999 c.849 §§184,185; 2003 c.75 §65; repealed by 2021 c.630 §85]

809.050 [1983 c.338 §286; repealed by 2021 c.630 §85]

809.060 [1983 c.338 §287; 1985 c.16 §118; 1993 c.751 §104; renumbered 809.135 in 2005]

809.070 [1983 c.338 §289; 1985 c.16 §119; 1991 c.459 §438j; repealed by 1993 c.751 §106]

809.080 [1983 c.338 §291; 1985 c.16 §120; 1985 c.393 §6; 1985 c.401 §14; repealed by 2021 c.630 §85]

CANCELLATION OF REGISTRATIONS AND TITLES

809.090 Cancellation of registration or title for failure to qualify; notice; rules

The Department of Transportation may cancel the registration or title or both of a vehicle if the department determines that: A holder is not entitled to the registration or title or both; or All fees applicable to a vehicle, payable to the department under any provision of law have not been paid. Before cancellation under this section, the department mus…

809.095 Cancellation or suspension of registration for failure to comply with financial responsibility requirements

The Department of Transportation may cancel the registration of, or right to apply for registration for, any vehicle owned by a person if the person falsely certifies compliance with financial responsibility requirements, submits to the department unsatisfactory proof of such compliance or otherwise fails to comply with financial responsibility requirements.…

809.100 Hearing on proposed cancellation or refusal; judicial review

When the Department of Transportation proposes to cancel or refuse to issue or renew title or registration, opportunity for hearing shall be accorded as provided in ORS chapter 183. Judicial review of orders under this section shall be in accordance with ORS chapter 183.

809.110 Failure to surrender canceled registration or title; penalty

A person commits the offense of failure to surrender canceled registration or title if the person holds any evidence of registration or any evidence of title issued by the Department of Transportation that the department has canceled and the person does not surrender the evidence of registration or title to the department. The offense described in this sect…

809.120 Court-ordered suspension of registration or driving privileges for weight violation

In addition to any other punishment imposed under ORS 818.040, a convicting court has authority to order the suspension of the driving privileges of the operator of the vehicle used to violate ORS 818.040 or the registration of the vehicle if the vehicle is required to be registered by the Department of Transportation. The authority of a court to order the s…

809.130 Suspension or revocation of driving privileges for unsettled judgment

If a court notifies the Department of Transportation under this section that a judgment remains unsettled as described by ORS 809.470, the department must initiate action to determine whether to suspend or revoke driving privileges under ORS 809.415. A court shall immediately give the department notice of an unsettled judgment under this section if: A judgm…

809.135 Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name

The Department of Transportation may refuse to issue, may revoke or may suspend any identification card, title or registration issued by the department or for which application is made to the department if the department determines that the person issued or applying for the identification card, title or registration has used one name in one application and a…

809.140 Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges

Unless otherwise specifically provided by law, a person whose identification card, vehicle registration or driving privileges are suspended, revoked or canceled by the Department of Transportation is entitled to administrative review of the action rather than to a formal hearing by the department if the suspension, revocation or cancellation is based upon: …

809.200 [1983 c.338 §389; repealed by 1987 c.730 §23]

809.210 [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; repealed by 2020 s.s.1 c.10 §10]

DRIVING PRIVILEGES (Court-Ordered or Recommended Restrictions, Suspensions, Revocations or Denials)

809.220 Failure to appear; suspension or other procedures

This section establishes procedures that are applicable if a person fails to appear on a citation for a traffic offense or fails to appear on a citation for a violation of ORS 471.430 or 475C.317. All of the following apply to this section: If a defendant fails to make any appearance required by the court or by law in a proceeding charging the defendant wit…

809.230 Court suspension or revocation of nonresident driving privileges

A court may suspend or revoke the driving privileges to operate a motor vehicle in this state of any nonresident for any cause for which the driving privileges of a resident of this state may be suspended or revoked.

809.235 Permanent revocation of driving privileges upon conviction of certain crimes; restoration of privileges

Notwithstanding ORS 809.409 (2), the court shall order that a person’s driving privileges be permanently revoked if the person is convicted of any degree of murder and the court finds that the person intentionally used a motor vehicle as a dangerous weapon resulting in the death of the victim, or if the person is convicted of aggravated vehicular homicide, m…

809.240 Court-ordered suspension or revocation; taking possession of license or permit; temporary permit

If a person is convicted of an offense that will result in mandatory suspension or revocation under ORS 809.409, 809.411, 809.510 to 809.545 or 813.400 or any other law requiring suspension or revocation of driving privileges upon conviction of an offense, the trial judge shall: Order the revocation or suspension at the time of conviction for the required p…

809.250 [1983 c.338 §396; 1985 c.669 §14; 1987 c.730 §14; 1993 c.751 §55; renumbered 809.275 in 2005]

809.260 Court-ordered suspension of driving privileges of juvenile

Whenever a person who is 17 years of age or younger, but not younger than 13 years of age, at the time of committing any offense described in subsection (2) of this section, is determined by a juvenile court to have committed one of the offenses described in subsection (2) of this section, the court may order suspension of the person’s driving privileges upo…

809.265 [1991 c.835 §2; 1999 c.619 §7; 1999 c.1051 §139; 2011 c.355 §8; 2013 c.592 §1; 2016 c.24 §61; repealed by 2018 c.76 §17]

(Additional Authority of Court)

809.267 Additional fee upon notice of suspension or restriction

A court shall add a $15 fee to the judgment in any case in which the court gives notice to the Department of Transportation of the suspension or restriction of a defendant’s driving privileges. The fee shall be added to the judgment without further notice to the defendant or further order of the court. This section applies to suspensions or restrictions orde…

809.270 Driver improvement course; enforcement by suspension or restriction of privileges

A court may require that a defendant convicted of a traffic offense successfully complete, within a time fixed by the judge, a defensive driving or other appropriate driver improvement course conducted by the Department of Transportation or any other rehabilitative program and may use the suspension or restriction of the person’s driving privileges or right …

809.275 Court to take possession of license or permit; effective date of suspension or revocation

A court shall take immediate possession of any license or driver permit held by a defendant that is issued by any jurisdiction if the court orders a suspension or revocation under ORS 165.805, 471.430, 809.120, 809.235, 809.240, 809.260, 809.270, 811.109 or 811.135. Upon taking possession of a license or permit under this section, a court shall immediately …

809.280 Department procedures following court order of suspension or revocation; length of suspension or revocation

Upon receipt of a court order under ORS 809.270, the Department of Transportation shall suspend the person’s driving privileges. The suspension shall remain in effect until the department is notified by the court that the suspension is ended, except that, if the department is ordered to automatically reinstate the driving privileges upon the successful compl…

809.290 [1985 c.669 §6; 1991 c.702 §7; 1993 c.751 §58; 2003 c.402 §24; renumbered 809.416 in 2005]

809.300 [1985 c.669 §7; repealed by 1991 c.702 §20]

(Cancellation, Refusal to Issue, Suspension or Revocation)

809.310 Cancellation or suspension of driving privileges; grounds; surrender of license or permit; duration; reissuance of privileges; rules

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. The department may cancel any d…

809.312 Reissuance of privileges after suspension for submitting false information

A person whose driving privileges or right to apply for driving privileges or whose identification card or right to apply for an identification card has been suspended for one of the reasons specified in subsection (2) of this section may request that the person’s driving privileges or right to apply for driving privileges or identification card or right to …

809.320 Cancellation on written request of parent or legal guardian

If an applicant for driving privileges must have a parent or legal guardian sign the application before the person qualifies under ORS 807.060, that parent or legal guardian who has signed the application may thereafter file with the Department of Transportation a written request that the driving privileges of the person so granted be canceled. The departme…

809.330 [1983 c.338 §347; 1985 c.669 §11; 1991 c.702 §24; repealed by 1993 c.751 §106]

809.340 [1985 c.396 §3; repealed by 1991 c.702 §20]

809.350 [1985 c.396 §4; 1999 c.849 §§187,188; repealed by 2001 c.294 §12]

809.360 General provisions relating to suspension or revocation of driving privileges

For purposes of determining whether grounds exist for revoking or suspending driving privileges, an unvacated forfeiture of bail in another state equals a conviction. A suspension or revocation of driving privileges ordered by a court shall run concurrently with any mandatory suspension or revocation ordered by the Department of Transportation and arising o…

809.370 [1983 c.338 §349; 1985 c.16 §163; 1991 c.317 §1; 2003 c.402 §25; renumbered 809.412 in 2005]

809.380 Period of suspension; effect; reinstatement; fee

All of the following apply to a person whose driving privileges have been suspended: The period of suspension shall last as long as provided for that particular suspension by law. During the period of suspension, the person is not entitled to exercise any driving privileges in this state except as provided under this subsection. Unless otherwise specifical…

809.390 Period of revocation; effect; reinstatement; fee

All of the following apply to a person whose driving privileges have been revoked: The period of revocation shall last as long as required for the revocation by law. 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 perso…

809.400 Suspension or revocation for out-of-state conviction

Except as otherwise provided in paragraph (b) of this subsection, the Department of Transportation may suspend or revoke the driving privileges of any resident of this state upon receiving notice of the conviction of such person in another jurisdiction of an offense therein that, if committed in this state, would be grounds for the suspension or revocation o…

809.404 [2005 c.649 §13; 2007 c.122 §13; 2009 c.783 §9; repealed by 2013 c.237 §12]

809.405 [1989 c.715 §4; 1999 c.328 §7; repealed by 2001 c.176 §1]

809.406 Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement

The Department of Transportation shall cancel a driver license with a Class A or Class B farm endorsement or deny a person the right to apply for a Class A or Class B farm endorsement if the person’s commercial driving privileges are suspended under ORS 809.520. If the department cancels a driver license with a Class A or Class B farm endorsement under this…

809.407 [2001 c.492 §2; 2003 c.402 §27; 2011 c.470 §3; renumbered 809.535 in 2013]

809.409 Revocation for conviction of crime

Upon receipt of a record of conviction of an offense described in this section, the Department of Transportation shall revoke the driving privileges of the person convicted. A person is entitled to administrative review under ORS 809.440 of a revocation under this section. Except as otherwise provided in subsections (2) and (3) of this section, the revocat…

809.410 [1983 c.338 §353; 1985 c.16 §166; 1985 c.301 §1; 1985 c.393 §10a; 1985 c.396 §6; 1985 c.669 §2a; 1985 c.714 §6; 1987 c.137 §4; 1987 c.258 §9; 1987 c.262 §4; 1989 c.224 §140; 1989 c.636 §31; 1989 c.715 §6; 1991 c.702 §10; 1993 c.393 §7; 1993 c.400 §2; 1993 c.627 §3; 1993 c.761 §4; 1995 c.79 §370; 1995 c.253 §5; 1995 c.656 §6; 1995 c.661 §1; 1997 c.83 §3; 1999 c.789 §6; 1999 c.796 §1; 1999 c.1077 §9; 2001 c.176 §5; 2001 c.294 §5; 2001 c.492 §9; 2003 c.14 §488; 2003 c.115 §1; repealed by 2003 c.402 §§6a,43]

809.411 Suspension for conviction of crime

Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted. A person is entitled to administrative review under ORS 809.440 of a suspension under this section. Except as otherwise provided in subsections (7), (8) and (9) of this section, the …

809.412 Authority of juvenile court for suspension or revocation

If a juvenile court finds a youth to be within the jurisdiction of the juvenile court under ORS 419C.005 for committing an offense that is a ground for suspension or revocation upon conviction under ORS 809.409, 809.411, 809.510 to 809.545 or 813.400 or any other law requiring suspension or revocation of driving privileges upon conviction of an offense, the …

809.413 [2003 c.402 §4; 2005 c.649 §20; 2009 c.395 §9; 2009 c.783 §11; 2011 c.470 §4; repealed by 2013 c.237 §12]

809.415 Suspensions for conduct involving judgments, financial responsibility, dishonesty

The Department of Transportation shall suspend the driving privileges of a person who has a judgment of the type described under ORS 806.040 rendered against the person if the person does not settle the judgment in the manner described under ORS 809.470 within 60 days after its entry. A suspension under this subsection shall continue until the person does o…

809.416 When person subject to suspension under ORS 809.415; duration

A person is subject to suspension under ORS 809.415 (4) if the Department of Transportation receives notice from a court to commence suspension under ORS 809.220. A person who is subject under this section remains subject until the person presents the department with notice issued by the court showing that the person is no longer subject to this section or u…

809.417 Suspension for conduct regarding accidents

The Department of Transportation shall suspend the driving privileges of a person who fails to file an accident report required under ORS 811.725. A suspension under this subsection shall continue until the person files the required report or for five years from the date of suspension, whichever is sooner. If the department determines the person has been o…

809.419 Suspensions for physical or mental condition or impairment

The Department of Transportation shall suspend the driving privileges of a person if the department requests the person to submit to examination under ORS 807.340 and the person fails to appear within a reasonable length of time after being notified to do so or fails to satisfactorily complete the required examination. A suspension under this subsection shal…

809.420 [1983 c.338 §354; 1987 c.547 §1; 1989 c.401 §1; 2001 c.294 §7; 2003 c.402 §28; renumbered 809.428 in 2003]

809.421 Suspensions for miscellaneous driving-related actions

The Department of Transportation may suspend the driving privileges of a person who: Is habitually incompetent, reckless or criminally negligent in the operation of a motor vehicle; or Commits a serious violation of the motor vehicle laws of this state. A suspension under this subsection shall continue for a period determined by the department and shall b…

809.423 [2003 c.402 §9; 2017 c.701 §26; repealed by 2018 c.76 §17]

809.428 Schedule of suspension or revocation periods for certain offenses

This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under ORS 809.411 and 813.400. The schedules are as follows: Schedule I. The suspension or revocation periods under Schedule I are as provided in this subsection. The period of suspension or revocation und…

809.430 Notice of suspension, cancellation or revocation; contents; service; rules

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…

809.440 Hearing and administrative review procedures; defenses; rules

When other procedures described under this section are not applicable to a suspension or revocation under ORS 809.409 to 809.421, the procedures described in this subsection shall be applicable. All of the following apply to this subsection: The hearing shall be given before the department imposes the suspension or revocation of driving privileges. Before …

809.450 Hearing for rescission of suspension for financial and future responsibility violations; grounds

If a person whose driving privileges have been suspended for one of the reasons specified in subsection (2) of this section requests that the suspension be rescinded and specifies the reason for the request, the Department of Transportation may provide a hearing to determine the validity of the suspension. The department may rescind a suspension only as prov…

809.460 Rescission of suspension or revocation upon appeal of underlying conviction

Except as provided in subsection (4) of this section, if a suspension or revocation of driving privileges is based upon a conviction, the court that entered the judgment of conviction may direct the Department of Transportation to rescind the suspension or revocation if: The person has appealed the conviction; and The person requests in writing that the co…

809.470 When judgment considered settled for purposes of suspension requirements

This section establishes when a judgment described under ORS 806.040 is settled for purposes of ORS 809.130, 809.280 and 809.415. A judgment shall be deemed settled for the purposes described if any of the following occur: Payments in the amounts established by the payment schedule under ORS 806.070 have been credited upon any judgment or judgments rendered…

809.480 Driver improvement programs; rules; purpose; suspension; fee

The Department of Transportation may establish, by administrative rule, programs for the improvement of the driving behavior of persons who drive in this state. The programs shall have as their goal the reduction of traffic convictions and especially accidents. The programs may include, but need not be limited to, letters, interviews and classroom instructio…

809.490 Suspension or revocation of driving privileges of nonresident driver; reports to home state

If the defendant named in any certified copy of a judgment reported to the Department of Transportation is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident. The department, upon receiving a record of the conv…

809.500 Failure to return suspended, revoked or canceled license; penalty

A person commits the offense of failure to return a suspended, revoked or canceled license if the person has driving privileges suspended, revoked or canceled and the person fails to immediately return to the Department of Transportation any license or driver permit issued by the department. If any person fails to return a license or driver permit on suspen…

809.510 Conviction of crime; refusal or failure of blood alcohol test; suspension in another jurisdiction

Except as otherwise provided by ORS 809.510 to 809.545, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of one year when the department receives: A record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver. A record of conviction of a crime punishable as a felony…

809.515 Failure to appear, pay fine or obey court order in another jurisdiction; disqualification by Federal Motor Carrier Safety Administration

The Department of Transportation shall suspend the commercial driving privileges of a person if the department receives a notice from another jurisdiction that the person failed to appear in a prosecution on a citation for a traffic offense or for a violation in the other jurisdiction that, if committed in this state, would be grounds for suspension under OR…

809.520 Lifetime suspension of commercial driving privileges; rules

The Department of Transportation shall permanently suspend a person’s commercial driving privileges for the lifetime of the person if the department receives a record of conviction for a crime punishable as a felony in which a motor vehicle was used and that involved the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 4…

809.525 Serious traffic offenses; rules

Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 60 days if: The department receives a record of a conviction of a serious traffic offense; The offense was committed within three years of the commission of another serious traffic offense for which the department…

809.530 Violation of out-of-service order

Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 180 days if the department receives a report that the person violated an out-of-service order issued under ORS 813.050 or has violated any other out-of-service order or notice. A report under this section may includ…

809.535 Suspension of commercial driver license for specified rail crossing violations

The driver of a commercial motor vehicle is subject to suspension of the driver’s commercial driving privileges upon conviction of any of the following offenses: Failure to stop for a railroad signal in violation of ORS 811.455. Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS 811.460. Obstructing a rail crossing in vi…

809.540 Right to apply

If the Department of Transportation receives a record, report or notice described in ORS 809.510 to 809.545, and the person who is the subject of the record, report or notice was driving a commercial motor vehicle at the time of the incident giving rise to the record, report or notice but did not hold commercial driving privileges at the time of the incident…

809.545 Administrative review

Except as provided in subsections (2) and (3) of this section, a person is entitled to administrative review under ORS 809.440 for a suspension of commercial driving privileges under ORS 809.510 to 809.545, or a suspension of the right to apply for commercial driving privileges under ORS 809.540. A person is entitled to a hearing under ORS 813.410 for a sus…

809.550 Application of ORS 809.510 to 809.545

The provisions of ORS 809.510 to 809.545 apply: When an individual’s conduct involves driving a commercial motor vehicle, without regard to whether an individual held commercial driving privileges on the date the conduct occurred. When an individual’s conduct involves driving a motor vehicle, if the individual held commercial driving privileges in any juri…

809.600 Kinds of offenses and number of convictions

This section establishes the kinds of offenses and the number of convictions necessary to revoke the driving privileges of a person as a habitual offender under ORS 809.640. The kinds of offenses and the number of convictions necessary to revoke driving privileges as a habitual offender are as follows: A person’s driving privileges shall be revoked as a hab…

809.605 Determination of which offenses count; rules

The Department of Transportation shall adopt rules specifying which traffic offenses count for the purpose of determining that a person is a habitual offender under ORS 809.600 (2) because the person has been convicted of 20 or more traffic offenses.

809.610 Restriction of driving privileges; notice; meeting

When the Department of Transportation receives an abstract of the conviction under ORS 810.375, and the conviction is the second one of those described by ORS 809.600 (1) for the person or the 19th of those described by ORS 809.600 (2) for the person, the department may restrict the person’s driving privileges and shall send the person notice of the restrict…

809.620 [1985 c.16 §183; 1989 c.15 §2; repealed by 1991 c.702 §20]

809.630 [1985 c.16 §185; repealed by 1991 c.702 §20]

809.640 Procedures on habitual offender determination

When the Department of Transportation determines from the driving record of a person as maintained by the department that a person’s driving privileges are required to be revoked as a habitual offender under ORS 809.600, the department shall revoke the driving privileges of the person. A person is entitled to administrative review of a revocation under this …

809.650 [1983 c.338 §366; 1985 c.16 §186; repealed by 2018 c.76 §1]

809.660 [1985 c.16 §189; repealed by 2018 c.76 §1]

VEHICLE IMPOUNDMENT AND IMMOBILIZATION; SEIZURE AND FORFEITURE

809.698 Definition of “vehicle immobilization device.”

As used in ORS 809.700 and 809.702, a “vehicle immobilization device” means a device that may be clamped and locked onto a part of a motor vehicle for the purpose of immobilizing the vehicle.

809.700 Court-ordered impoundment or immobilization upon conviction; grounds; duration; vehicles subject; return; security interest holder rights

A court may order a motor vehicle impounded or immobilized upon conviction for the traffic offenses described in this section. The authority to impound or immobilize a vehicle under this section is subject to all of the following: The court may order a vehicle impounded or immobilized under this section when a person is convicted: For driving a motor vehic…

809.702 Tampering with vehicle immobilization device; penalty

A person commits the offense of tampering with a vehicle immobilization device if the person does anything to a vehicle immobilization device that was ordered installed under ORS 809.700 that circumvents the operation of the device. The offense described in this section, tampering with a vehicle immobilization device, is a Class A traffic violation.

809.710 Authority to refuse to release vehicle to intoxicated person

Notwithstanding any other provision of law, a police officer, a police agency or any person acting as an agent for either has authority to refuse to release or authorize release of any motor vehicle from custody to any person who is visibly under the influence of intoxicants.

809.715 [Formerly 806.014; 1997 c.514 §5; repealed by 2001 c.748 §2]

809.716 Hearing on impoundment

A person entitled to lawful possession of a vehicle impounded under ORS 809.720 may request a hearing to contest the validity of the impoundment. A request must be made within five calendar days after the date that notice of the impoundment is mailed, as evidenced by the postmark, not including Saturdays, Sundays or holidays. The request shall be made to a p…

809.720 Impoundment for specified offenses; grounds; notice; release

A police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this subsection may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is order…

809.725 Notice following impoundment under city or county ordinance

When a motor vehicle is impounded under authority of a city or county ordinance, the city or county shall give notice of the impoundment to the owners of the motor vehicle and to any lessors or security interest holders as shown on the records of the Department of Transportation. The notice shall be given within 48 hours of impoundment. The notice required …

809.730 Seizure of motor vehicle for civil forfeiture; driving while under the influence of intoxicants

A motor vehicle may be seized and forfeited if the person operating the vehicle is arrested or issued a citation for driving while under the influence of intoxicants in violation of ORS 813.010 and the person, within three years prior to the arrest or issuance of the citation, has been convicted of: Driving while under the influence of intoxicants in violat…

809.735 Preemption of local forfeiture ordinances

The seizure and forfeiture provisions of ORS 809.730 do not preempt a city or county ordinance enacted and in effect on June 22, 1999, relating to forfeiture of a motor vehicle operated by a person described in ORS 809.730. The seizure and forfeiture provisions of ORS 809.730 do not preempt a city with a population exceeding 400,000 or a county with a popul…

809.740 Seizure of motor vehicle for forfeiture; driving while suspended or revoked

A motor vehicle may be seized for forfeiture if the person operating the motor vehicle is arrested or issued a citation for criminal driving while suspended or revoked under ORS 811.182 or aggravated driving while suspended or revoked under ORS 163.196, and the person, within three years prior to the arrest or issuance of the citation, has been convicted of:…

809.745 Adoption of policies and procedures prior to forfeiture

A law enforcement agency, as defined in ORS 136.595, may not seize a vehicle for forfeiture under ORS 131.602 (137) or (138) or 809.740, unless the agency has adopted policies and procedures for seizure, including policies relating to when a police officer may seize a motor vehicle for forfeiture under ORS 131.602 (137) or (138) or 809.740. _______________