806.010
Driving uninsured prohibited; penalty.
(1) A person commits the offense of driving uninsured if the person operates a
motor vehicle in this state on any highway or premises open to the public in
this state without either:
(a) The person
being insured while driving the vehicle under a motor vehicle liability
insurance policy that meets the requirements described under ORS 806.080; or
(b) The person or
the owner of the vehicle providing the Department of Transportation with other
satisfactory proof of compliance with the financial responsibility requirements
of this state.
(2) Exemptions
from this section are established under ORS 806.020.
(3) In addition
to other penalties under this section the following apply:
(a) A person who
is involved in a motor vehicle accident at any time the person is in violation
of this section is subject to suspension of the person’s driving privileges
under ORS 809.417.
(b) A person who
is convicted of violating this section is subject to ORS 806.230, if the person
does not make future responsibility filings as required by that section.
(4) A person
convicted for violation of this section must file with the department, and
thereafter maintain for a period of one year, proof of financial responsibility
that complies with ORS 806.060. Failure to comply with this subsection is
subject to ORS 809.415.
(5) The offense
described in this section, driving uninsured, is a Class B traffic violation. [1983
c.338 §837; 1985 c.16 §422; 1985 c.714 §1; 1991 c.350 §1; 1991 c.702 §4; 2003
c.402 §12; 2025 c.415 §43]
Notes of Decisions
Cited in
44
cases (
2 in the last 5 years), 1988–2025 · leading case:
Lawson v. Hoke, 119 P.3d 210 (Or. 2005).
Lawson v. Hoke, 119 P.3d 210 (Or. 2005).
· cites it 28× “710, in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 [driving uninsured] or 813.010 [driving under the influence of intoxicants] at the time the act or omission causing the death or injury…”
Thompson v. Est. of Adrian L. Pannell, 29 P.3d 1184 (Or. Ct. App. 2001).
· cites it 8× “Defendant argued that, as a matter of law, it was not subject to the Financial Responsibility Law, ORS 806.010 et *1186 seq., [3] because a school district is not a "person" for the purpose of that statutory scheme.”
State v. Dimmick, 273 P.3d 212 (Or. Ct. App. 2012).
· cites it 2× “This subsection applies to the following offenses: * * * * “(d) Driving uninsured in violation of ORS 806.010.” (Emphasis added.) Suffice it to say that we see nothing in this statute that confers exclusive possession of the vehicle on the impounding authority.”
Morehouse v. Haynes, 234 P.3d 1024 (Or. Ct. App. 2010).
· cites it 7× “715, plaintiff "may not recover noneconomic damages * * * in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 [prohibiting driving uninsured] or 813.”
State v. Balabon, 426 P.3d 133 (Or. Ct. App. 2018).
· cites it 9× “See ORS 806.010 (offense of driving uninsured) 1 ; see also ORS 806.”
Towe v. Sacagawea, Inc., 346 P.3d 1207 (Or. 2015).
“400 (“premises open to public” includes any premises open to general public for use of motor vehicles, whether publicly or privately owned and regardless if fee is charged for use of premises); ORS 806.010 (requirement of meeting financial responsibility laws applies to any…”
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
· cites it 2× “710, in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 [driving while uninsured] * * * at the time the act or omission causing the death or injury occurred.”
State v. Kruchek, 969 P.2d 386 (Or. Ct. App. 1998).
· cites it 2× “See ORS 806.010. In accordance with department policy, Gunderson then impounded the van.”
State v. Bonham, 852 P.2d 905 (Or. Ct. App. 1993).
· cites it 2× “175, and driving without insurance, ORS 806.010. He then returned defendant's identification card and told him that he was free to go.”
— Or. Rev. Stat. § 806.010(1) — 5 cases
Morehouse v. Haynes, 234 P.3d 1024 (Or. Ct. App. 2010).
“715, plaintiff "may not recover noneconomic damages * * * in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 [prohibiting driving uninsured] or 813.”
State v. Balabon, 426 P.3d 133 (Or. Ct. App. 2018).
“See ORS 806.010 (offense of driving uninsured) 1 ; see also ORS 806.”
— Or. Rev. Stat. § 806.010(1)(a) — 1 case
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