807.010
Operating vehicle without driving privileges or in violation of license
restrictions; penalty.
(1) A person commits the offense of operating a vehicle without driving
privileges if the person operates a motor vehicle upon a highway or premises
open to the public in this state and the person does not have an appropriate
grant of driving privileges from this state in the form of a license, driver
permit, endorsement or statutory grant of driving privileges allowing the
person to engage in the particular type of operation.
(2) A person to
whom a license or driver permit is issued commits the offense of violating
license restrictions if the person operates a motor vehicle in any manner that
violates restrictions that are placed upon the person’s driving privileges by
the Department of Transportation under ORS 807.120 or 807.122, by a court under
ORS 809.270, or by the vehicle code.
(3) Nothing in
this section is applicable to a person who is driving while suspended or
revoked in violation of ORS 811.175 or 811.182. Persons who violate ORS 811.175
or 811.182 are subject to the provisions and penalties provided therein and are
not subject to the penalties and provisions of this section.
(4) Except as
provided in subsection (5) of this section, the offense described in subsection
(1) of this section, operating a vehicle without driving privileges, is a Class
B traffic violation.
(5) The offense
described in subsection (1) of this section, operating a vehicle without
driving privileges, that results from a person operating a motorcycle without a
motorcycle endorsement, is a Class A traffic violation.
(6)(a) The court
shall suspend a fine imposed under subsection (5) of this section on the
condition that the person, within 120 days of the date of sentencing:
(A) Complete a
motorcycle education course established by the department under ORS 802.320;
and
(B) Obtain a
motorcycle endorsement issued under ORS 807.170.
(b) The court
shall set a hearing date for 120 days from the date of sentencing. At the
hearing the court shall:
(A) If the person
has successfully completed the requirements described in paragraph (a)(A) and
(B) of this subsection, enter a sentence of discharge; or
(B) If the person
has not successfully completed the requirements described in paragraph (a)(A)
and (B) of this subsection:
(i) Grant the
person an extension based on good cause shown; or
(ii) Impose the
fine under subsection (5) of this section.
(7) The offense
described in subsection (2) of this section, operating in violation of license
restrictions, is a Class B traffic violation. [1985 c.608 §5 (enacted in lieu
of 1983 c. 338 §299); 1987 c.730 §10; 1999 c.328 §6; 2003 c.14 §467; 2009 c.482
§1; 2020 s.s.1 c.10 §1]
STATUTORY PRIVILEGES
Notes of Decisions
Cited in
21
cases (
2 in the last 5 years), 1989–2022 · leading case:
State v. Watson, 305 P.3d 94 (Or. 2013).
State v. Watson, 305 P.3d 94 (Or. 2013).
· cites it 2× “An officer who stops a driver also may release the driver, and a reasonable investigation may therefore include a determination of whether the driver has valid driving privileges, as required by ORS 807.”
Towe v. Sacagawea, Inc., 346 P.3d 1207 (Or. 2015).
“010 (requirement of meeting financial responsibility laws applies to any vehicle driven on premises open to public); ORS 807.010 (driver license and permit requirements apply when operating vehicle on premises open to public); ORS 811.”
State v. Hammerton/Walmsley, 886 P.2d 1012 (Or. 1994).
· cites it 4× “Consequently, as defendants would have it, because they drove after the revocation periods had expired, but before their driving privileges had been reinstated, they could have been charged only with the Class B traffic infraction of driving without driving privileges in…”
State v. Newman, 39 P.3d 874 (Or. Ct. App. 2002).
“020, for example, provides, in part: “A person who is granted a driving privilege by this section may exercise the driving privilege described without violation of the requirements under ORS 807.010. * * * The following persons are granted the described driving privileges: “(1)…”
State v. Bostwick, 202 P.3d 259 (Or. Ct. App. 2009).
· cites it 2× “Defendant was cited for operating a motor vehicle without driving privileges, ORS 807.010. The pickup truck was impounded under the authority of ORS 809.”
State v. Roque-Escamilla, 806 P.2d 1173 (Or. Ct. App. 1991).
· cites it 6× “Defendant argues that a records check revealing that he was not licensed would establish that he had committed only the infraction of operating a vehicle *273 without driving privileges, ORS 807.010, 3 for which he could only be cited and released, not arrested.”
Bekos v. Providence Health Plan, 334 F. Supp. 2d 1248 (D. Or. 2004).
“269, no motorcycle endorsement in violation of ORS 807.010, failure to carry proof of insurance in violation of ORS 806.”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008).
“” The difficulty for defendant was that, by its terms, that exemption applies only to violations of ORS 807.010, which provides, in part, that a person commits the offense of operating a vehicle without driving privileges if the person operates a motor vehicle upon a highway or…”
Sergeant'S Towing, Inc. v. City of Portland, 22 P.3d 237 (Or. Ct. App. 2001).
“Operating a vehicle without a valid operator’s license (ORS 807.010) and the officer reasonably believes that the operator’s license has been expired for 120 days or more, or that the operator has not had a valid driver’s license within the previous 120 days.”
State v. Darlin, 857 P.2d 859 (Or. Ct. App. 1993).
“6 ORS 807.010. She was tried on the charge of failure to carry or present a license, a Class C misdemeanor, in December, 1991.”
State v. Daniels, 886 P.2d 1019 (Or. 1994).
“-, see also ORS 807.010(1) (“A person commits the offense of vehicle operating without driving privileges if the person operates a motor vehicle * * * and the person does not have an appropriate grant of driving privileges from this state.”
United States v. Abarza, 143 F. Supp. 3d 1082 (D. Or. 2015).
· cites it 2× “He cited Abarza for “no operator’s license,” in violation of Or. Rev. Stat. § 807.010 ; “driving uninsured,” in violation of Or.”
— Or. Rev. Stat. § 807.010(1) — 3 cases
State v. Hammerton/Walmsley, 886 P.2d 1012 (Or. 1994).
“Consequently, as defendants would have it, because they drove after the revocation periods had expired, but before their driving privileges had been reinstated, they could have been charged only with the Class B traffic infraction of driving without driving privileges in…”
State v. Daniels, 886 P.2d 1019 (Or. 1994).
“-, see also ORS 807.010(1) (“A person commits the offense of vehicle operating without driving privileges if the person operates a motor vehicle * * * and the person does not have an appropriate grant of driving privileges from this state.”
— Or. Rev. Stat. § 807.010(3) — 1 case
State v. Hammerton/Walmsley, 886 P.2d 1012 (Or. 1994).
“Consequently, as defendants would have it, because they drove after the revocation periods had expired, but before their driving privileges had been reinstated, they could have been charged only with the Class B traffic infraction of driving without driving privileges in…”
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