77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1259

                         House Bill 2384

Sponsored by Representatives BARNHART, THATCHER, TOMEI;
  Representatives GREENLICK, JOHNSON, MATTHEWS (Presession
  filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes civil forfeiture of motor vehicle if person is
convicted of offense relating to driving while suspended or
revoked.
  Increases penalty for second or subsequent conviction of
driving while suspended or revoked. Punishes second or subsequent
conviction by maximum of 30 days' imprisonment, $1,250 fine, or
both.

                        A BILL FOR AN ACT
Relating to driving offenses; creating new provisions; and
  amending ORS 810.530 and 811.175.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of Oregon Vehicle Code. + }
  SECTION 2.  { + (1) A motor vehicle may be seized and forfeited
if the person operating the motor vehicle is arrested or issued a
citation for driving while suspended or revoked under ORS 811.175
(5), 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:
  (a) Driving while suspended or revoked under ORS 811.175;
  (b) Criminal driving while suspended or revoked under ORS
811.182; or
  (c) Aggravated driving while suspended or revoked under ORS
163.196.
  (2) All seizure and forfeiture proceedings under this section
shall be conducted in accordance with ORS chapter 131A. + }
  SECTION 3. ORS 811.175 is amended to read:
  811.175. (1) A person commits the offense of
 { - violation - } driving while suspended or revoked if the
person does any of the following:
  (a) Drives a motor vehicle upon a highway during a period when
the person's driving privileges or right to apply for driving
privileges have been suspended or revoked in this state by a
court or by the Department of Transportation.
  (b) Drives a motor vehicle outside the limitations of a
probationary permit issued under ORS 807.270 or a hardship driver

permit issued under ORS 807.240, including any limitations placed
on the permit under ORS 813.510.
  (c) Drives a commercial motor vehicle upon a highway during a
period when the person's driving privileges or commercial driving
privileges have been suspended or revoked in this state or any
other jurisdiction.
  (2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
  (3) The offense described in this section is applicable upon
any premises open to the public.
  (4) The offense described in this section,   { - violation - }
driving while suspended or revoked, is a Class A traffic
violation except as otherwise provided in ORS 811.182 { +  and
subsection (5) of this section + }.
   { +  (5) A second or subsequent violation of this section by a
person is a Class C misdemeanor. + }
  SECTION 4. ORS 810.530 is amended to read:
  810.530. (1) A weighmaster or motor carrier enforcement officer
in whose presence an offense described in this subsection is
committed may arrest or issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor
carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
  (a) Violation of maximum weight limits under ORS 818.020.
  (b) Violation of posted weight limits under ORS 818.040.
  (c) Violation of administratively imposed weight or size limits
under ORS 818.060.
  (d) Violation of maximum size limits under ORS 818.090.
  (e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
  (f) Violation of posted limits on use of road under ORS
818.130.
  (g) Violation of towing safety requirements under ORS 818.160.
  (h) Operating with sifting or leaking load under ORS 818.300.
  (i) Dragging objects on highway under ORS 818.320.
  (j) Unlawful use of devices without wheels under ORS 815.155.
  (k) Unlawful use of metal objects on tires under ORS 815.160.
  (L) Operation without pneumatic tires under ORS 815.170.
  (m) Operation in violation of vehicle variance permit under ORS
818.340.
  (n) Failure to carry and display permit under ORS 818.350.
  (o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
  (p) Violation of any provision of ORS chapter 825.
  (q) Operation without proper fenders or mudguards under ORS
815.185.
  (r) Operating a vehicle without driving privileges in violation
of ORS 807.010 if the person is operating a commercial motor
vehicle and the person does not have a commercial driver license
or does not have an appropriate permit.
  (s)   { - Violation - }  Driving while suspended or revoked in
violation of ORS 811.175 if the person is operating a commercial
motor vehicle while the person's commercial driver license is
suspended or revoked.
  (t) Failure to use vehicle traction tires or chains in
violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826.
  (2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by
a person operating a commercial motor vehicle may issue a
citation for the offense. A weighmaster or motor carrier
enforcement officer who finds evidence that an offense described
in this subsection has been committed by a person operating a
commercial motor vehicle or by a motor carrier for which the
person is acting as an agent may issue a citation for the
offense.  A weighmaster or motor carrier enforcement officer
issuing a citation under this subsection has the authority
granted a police officer issuing a citation under ORS 810.410. A
citation issued under this subsection to the operator of a
commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if
the operator is not the owner. This subsection applies to the
following offenses, all of which are Class A traffic violations
under ORS 825.990 (1):
  (a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.
  (b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.
  (c) Refusing or failing to file the annual report as required
by ORS 825.320.
  (d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required
by the department.
  (e) Failing to appear for a hearing after notice that the
carrier's certificate or permit is under investigation.
  (f) Filing with the department an application that is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
  (g) Delinquency in reporting or paying any fee, tax or penalty
due to the department under ORS chapter 825 or 826.
  (h) Refusing or failing to file a deposit or bond as required
under ORS 825.506.
  (i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by
ORS 825.402.
  (3) A weighmaster or motor carrier enforcement officer who
finds evidence that a person operating a commercial motor vehicle
has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the
offense in the same manner as under ORS 810.410 as if the
weighmaster or motor carrier enforcement officer were a police
officer.
  (4) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is
subject to ORS chapter 153.
  (5)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
  (b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
  (6) A weighmaster or motor carrier enforcement officer may
accept security in the same manner as a police officer under ORS
810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum
fixed as the presumptive fine for the offense.
  (7) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear in a
violation proceeding under ORS 153.992 if the violation is based
upon a citation for any offense described in subsection (1) or
(3) of this section except those described in subsection (1)(p)
of this section.
  (8) A weighmaster or motor carrier enforcement officer may
exercise the same authority as a police officer under ORS 810.490
to enforce vehicle requirements and detain vehicles. A person who
fails to comply with the authority of a weighmaster or motor
carrier enforcement officer under this subsection is subject to
penalty under ORS 818.400.
  SECTION 5.  { + Section 2 of this 2013 Act and the amendments
to ORS 811.175 by section 3 of this 2013 Act apply to conduct
occurring on or after the effective date of this 2013 Act. + }
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