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
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.”
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.”
— 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.”
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