Oregon Revised Statutes

Or. Rev. Stat. § 807.060 (2026)

Eligibility

✓ current as of May 2026
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      807.060 Eligibility. The Department of Transportation may not grant driving privileges to a person under a license if the person is not eligible under this section. The following are not eligible for a license:

      (1) A person under 16 years of age.

      (2)(a) A person under 18 years of age who is not an emancipated minor, unless the application of the person is signed by the person’s mother, father or legal guardian. A person who signs an application under this paragraph may have the driving privileges canceled as provided under ORS 809.320.

      (b) A person under 18 years of age who does not meet the requirements of ORS 807.065.

      (3) Notwithstanding subsection (2) of this section, a person under 18 years of age is not eligible for a commercial driver license.

      (4) A person the department determines has a problem condition involving intoxicants as described under ORS 813.040.

      (5) A person the department reasonably believes has a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle upon the highways.

      (6) A person the department reasonably believes is unable to understand highway signs that warn, regulate or direct traffic.

      (7) A person who is required to make future responsibility filings but has not made filings as required.

      (8) A person who cannot be issued a license under the Driver License Compact under ORS 802.540.

      (9) A person who is not subject to the Driver License Compact under ORS 802.540 but whose driving privileges are currently under suspension or revocation in any other state upon grounds which, if committed in this state, would be grounds for the suspension or revocation of the driving privileges of the person.

      (10) A person who has been declared a habitual offender under ORS 809.640. A person declared not eligible to be licensed under this subsection may become eligible by having eligibility restored under ORS 809.640.

      (11) A person whose driving privileges are canceled in this state under ORS 809.310 until the person is eligible under ORS 809.310.

      (12) A person while the person’s driving privileges are revoked in this state.

      (13) A person during a period when the person’s driving privileges are suspended in this state.

      (14) A person who holds a current out-of-state license or driver permit or a valid Oregon license or driver permit. A person who is not eligible under this subsection may become eligible by surrendering the license, driver permit or out-of-state license or driver permit to the department before issuance of the license. Nothing in this subsection authorizes a person to continue to operate a motor vehicle on the basis of an out-of-state license or permit if the person is required by ORS 807.062 to obtain an Oregon license or permit.

      (15) A person who has not complied with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction if an agreement under ORS 802.530 authorizes the department to withhold issuance of a license.

      (16) A person who has not complied with the requirement of ORS 813.022 (1). [1983 c.338 §303; 1985 c.16 §126; 1985 c.396 §7; 1985 c.597 §8; 1985 c.608 §16; 1985 c.669 §8; 1987 c.137 §2; 1989 c.224 §137; 1989 c.636 §18; 1989 c.715 §5; 1991 c.702 §22; 1991 c.802 §1; 1993 c.751 §36; 1999 c.328 §5; 1999 c.619 §5; 2001 c.176 §3; 2005 c.140 §1; 2005 c.143 §1; 2012 c.9 §§4,5; 2013 c.233 §§2,3; 2017 c.21 §75; 2021 c.253 §2; 2023 c.498 §8]

Notes of Decisions
Cited in 8 cases, 1988–2007 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Ore. Rev. Stat. § 807.060 (1987) Pa. Pa. Cons.”
Hilton v. Motor Vehs. Div., 762 P.2d 1030 (Or. Ct. App. 1988). · cites it 8× “Most saliently, ORS 807.060(4) provides that a person is ineligible for an operator's license if MVD "determines [that the person] has a problem condition involving alcohol or controlled substances as described under ORS 813.”
State v. Hammerton/Walmsley, 886 P.2d 1012 (Or. 1994). · cites it 4× “See ORS 807.060 et seg (setting forth requirements for obtaining driving privileges).”
Mathews v. Federated Serv. Ins., 857 P.2d 852 (Or. Ct. App. 1993). “Carlson Chevrolet was free to change its rules regarding the age of persons who could drive its rental cars, and it was free to make exceptions to its rule. Without more, an allegation that a person entrusted a car to a person who is under 25 cannot state a claim for negligent…”
State v. Daniels, 886 P.2d 1019 (Or. 1994). · cites it 3× “In 1983, the legislature amended the Oregon Vehicle Code by adding a section that provided that a person is not eligible to apply for a driver license “while the person’s driving privileges are revoked in this state.”
Farmers Ins. v. Jeske, 971 P.2d 422 (Or. Ct. App. 1998). “Our community deems minors of that age, unemancipated or not, to be sufficiently mature and responsible to, among other activities: drive an automobile on their own, ORS 807.060; possess a rifle, shotgun, or pistol, ORS 23.”
Richardson v. Driver & Motor Veh. Servs. Div., 159 P.3d 1227 (Or. Ct. App. 2007). · cites it 4× “040, ORS 807.060, and ORS 807.070; and whether DMV was authorized to cancel her driving privileges under ORS 807.”
Cook v. State, 104 P.3d 1153 (Or. Ct. App. 2005). · cites it 3× “ODOT likewise is authorized to require the person to take “[a]ny * * * examination or test, including demonstrations, that [ODOT] determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the…”
— Or. Rev. Stat. § 807.060(1) — 1 case
Mathews v. Federated Serv. Ins., 857 P.2d 852 (Or. Ct. App. 1993). “Carlson Chevrolet was free to change its rules regarding the age of persons who could drive its rental cars, and it was free to make exceptions to its rule. Without more, an allegation that a person entrusted a car to a person who is under 25 cannot state a claim for negligent…”
— Or. Rev. Stat. § 807.060(13) — 2 cases
State v. Daniels, 886 P.2d 1019 (Or. 1994). “In 1983, the legislature amended the Oregon Vehicle Code by adding a section that provided that a person is not eligible to apply for a driver license “while the person’s driving privileges are revoked in this state.”
State v. Hammerton/Walmsley, 886 P.2d 1012 (Or. 1994). “See ORS 807.060 et seg (setting forth requirements for obtaining driving privileges).”
— Or. Rev. Stat. § 807.060(4) — 1 case
Hilton v. Motor Vehs. Div., 762 P.2d 1030 (Or. Ct. App. 1988). “Most saliently, ORS 807.060(4) provides that a person is ineligible for an operator's license if MVD "determines [that the person] has a problem condition involving alcohol or controlled substances as described under ORS 813.”
— Or. Rev. Stat. § 807.060(5) — 2 cases
Hilton v. Motor Vehs. Div., 762 P.2d 1030 (Or. Ct. App. 1988). “Most saliently, ORS 807.060(4) provides that a person is ineligible for an operator's license if MVD "determines [that the person] has a problem condition involving alcohol or controlled substances as described under ORS 813.”
Richardson v. Driver & Motor Veh. Servs. Div., 159 P.3d 1227 (Or. Ct. App. 2007). “040, ORS 807.060, and ORS 807.070; and whether DMV was authorized to cancel her driving privileges under ORS 807.”
— Or. Rev. Stat. § 807.060(6) — 2 cases
Hilton v. Motor Vehs. Div., 762 P.2d 1030 (Or. Ct. App. 1988). “Most saliently, ORS 807.060(4) provides that a person is ineligible for an operator's license if MVD "determines [that the person] has a problem condition involving alcohol or controlled substances as described under ORS 813.”
Cook v. State, 104 P.3d 1153 (Or. Ct. App. 2005). “ODOT likewise is authorized to require the person to take “[a]ny * * * examination or test, including demonstrations, that [ODOT] determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the…”
— Or. Rev. Stat. § 807.060(7) — 1 case
Hilton v. Motor Vehs. Div., 762 P.2d 1030 (Or. Ct. App. 1988). “Most saliently, ORS 807.060(4) provides that a person is ineligible for an operator's license if MVD "determines [that the person] has a problem condition involving alcohol or controlled substances as described under ORS 813.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.