809.310
Cancellation or suspension of driving privileges; grounds; surrender of license
or permit; duration; reissuance of privileges; rules. (1) The Department of
Transportation may cancel any driving privileges upon determining that the
person is not entitled to the driving privileges under the vehicle code. The
department may reissue driving privileges canceled under this subsection when the
applicant has satisfied all requirements for the driving privileges sought.
(2) The
department may cancel any driver license or permit that contains any error or
defect or that is found to have been issued on the basis of false information
given to the department. Cancellation under this subsection is in addition to
any suspension of driving privileges authorized for the same conduct.
(3) The
department may suspend any driving privileges or right to apply for privileges
or any identification card or right to apply for a card upon determining that
the person issued or applying for the driving privileges or identification card
has committed any of the following acts:
(a) Failed to
give the required or correct information in the application for the driving
privileges or for an identification card, in violation of ORS 807.430 or
807.530.
(b) Committed
false swearing in making application for the driving privileges in violation of
ORS 807.520.
(c) Used an
invalid license or identification card in violation of ORS 807.430 or 807.580.
(d) Permitted
misuse of license, permit or identification card in violation of ORS 807.430 or
807.590.
(e) Used the
license, permit or identification card of another in violation of ORS 807.430
or 807.600.
(f) Produced
identification cards, licenses, permits, forms or camera cards in violation of
ORS 807.500.
(4) The
department may determine by rule circumstances in which the department may
cancel the commercial driving privileges, or the right to apply for commercial
driving privileges, of an individual if the individual’s commercial driving
privileges are suspended, canceled or revoked for any reason in another
jurisdiction.
(5) Upon
suspension or cancellation of driving privileges under this section, a person
whose privileges are suspended or canceled shall surrender to the department
any license or driver permit issued for the driving privileges. Failure to
comply with this subsection is subject to penalty as provided under ORS
809.500.
(6) To obtain
driving privileges after the period of suspension or cancellation under this
section, a person must reapply for driving privileges in the manner established
by law. [1983 c.338 §345; 1985 c.393 §8; 1987 c.272 §1; 1993 c.393 §6; 2018
c.76 §29; 2021 c.630 §105]
Notes of Decisions
Cited in
11
cases, 1986–2015 · leading case:
State v. Orueta, 164 P.3d 267 (Or. 2007).
State v. Orueta, 164 P.3d 267 (Or. 2007).
· cites it 6× “ORS 809.310(1), (4). [10] Defendant had in his possession a document no different than an expired CDL.”
Smith v. Driver & Motor Veh. Servs. Branch, 917 P.2d 28 (Or. Ct. App. 1996).
· cites it 3× “410(31), the section under which DMV proceeded in this case, provides, as relevant: *70 “(a) Upon receipt of a record of conviction of an offense described in ORS 809.310, [which includes permitting misuse of a license] the department shall, or upon determination by the…”
Endres v. Driver & Motor Veh. Servs. Div., 297 P.3d 505 (Or. Ct. App. 2013).
· cites it 2× “415(5) (providing one-year suspension for persons determined to have committed an offense listed in ORS 809.310). After DMV notified petitioner that it was going to suspend his driver license and identification card for one year, he requested an administrative hearing.”
State v. White, 881 P.2d 169 (Or. Ct. App. 1994).
“400(12), which provides, in part: “An identification card may be canceled for any of the reasons that driving privileges or a license may be canceled under ORS 809.310.””
Richardson v. Driver & Motor Veh. Servs. Div., 159 P.3d 1227 (Or. Ct. App. 2007).
· cites it 2× “350 and ORS 809.310(1). The ALJ made factual findings relating to petitioner’s placement in the medical certification program and her January 5, January 19, and February 2, 2005, driving tests.”
State v. Roeder, 147 P.3d 363 (Or. Ct. App. 2006).
“254 (suspension of driving privileges of student in conjunction with certain expulsions from school); ORS 809.310 (suspension of driving privileges for providing false information to certain officials); ORS 809.”
Slaight v. Driver & Motor Veh. Servs. Div., 225 P.3d 100 (Or. Ct. App. 2009).
· cites it 2× “415(5) provides that a suspension for a violation of ORS 809.310 “shall continue for a period of one year,” and, consequently, that it lacked authority to suspend petitioner’s license for a period of less than a year.”
Santoscoy v. Driver & Motor Veh. Servs. Div., 362 P.3d 1213 (Or. Ct. App. 2015).
· cites it 2× “PER CURIAM Petitioner seeks judicial review of a final order by the Department of Transportation and Motor Vehicles (DMV) that suspended his driving privileges on the ground that he knowingly provided false information, in violation of ORS 809.310(3)(a), when he applied for an…”
Wester v. Motor Vehs. Div., 728 P.2d 953 (Or. Ct. App. 1986).
· cites it 3× “520 with ORS 809.310, which provides: “(1) The division may cancel any driving privileges issued by it upon determining that the person issued the driving privileges * * * has committed any of the following acts: * * * * * “(d) Permitted misuse of license or permit in violation…”
Merrifield v. Motor Vehs. Div., 807 P.2d 329 (Or. Ct. App. 1991).
· cites it 3× “Petitioner seeks judicial review of a final order canceling his driving privileges under ORS 809.310(2)(a). We affirm. A police officer saw petitioner standing by a car.”
State v. Crisafi, 350 P.3d 519 (Or. Ct. App. 2015).
“See ORS 809.310(1). 1 However, until that occurs, a person to whom ODOT has improperly issued a CDL still holds it under ORS 813.”
— Or. Rev. Stat. § 809.310(1) — 5 cases
State v. Orueta, 164 P.3d 267 (Or. 2007).
“ORS 809.310(1), (4). [10] Defendant had in his possession a document no different than an expired CDL.”
Smith v. Driver & Motor Veh. Servs. Branch, 917 P.2d 28 (Or. Ct. App. 1996).
“410(31), the section under which DMV proceeded in this case, provides, as relevant: *70 “(a) Upon receipt of a record of conviction of an offense described in ORS 809.310, [which includes permitting misuse of a license] the department shall, or upon determination by the…”
Richardson v. Driver & Motor Veh. Servs. Div., 159 P.3d 1227 (Or. Ct. App. 2007).
“350 and ORS 809.310(1). The ALJ made factual findings relating to petitioner’s placement in the medical certification program and her January 5, January 19, and February 2, 2005, driving tests.”
State v. Crisafi, 350 P.3d 519 (Or. Ct. App. 2015).
“See ORS 809.310(1). 1 However, until that occurs, a person to whom ODOT has improperly issued a CDL still holds it under ORS 813.”
Wester v. Motor Vehs. Div., 728 P.2d 953 (Or. Ct. App. 1986).
“520 with ORS 809.310, which provides: “(1) The division may cancel any driving privileges issued by it upon determining that the person issued the driving privileges * * * has committed any of the following acts: * * * * * “(d) Permitted misuse of license or permit in violation…”
— Or. Rev. Stat. § 809.310(2)(a) — 1 case
Merrifield v. Motor Vehs. Div., 807 P.2d 329 (Or. Ct. App. 1991).
“Petitioner seeks judicial review of a final order canceling his driving privileges under ORS 809.310(2)(a). We affirm. A police officer saw petitioner standing by a car.”
— Or. Rev. Stat. § 809.310(3) — 1 case
Endres v. Driver & Motor Veh. Servs. Div., 297 P.3d 505 (Or. Ct. App. 2013).
“415(5) (providing one-year suspension for persons determined to have committed an offense listed in ORS 809.310). After DMV notified petitioner that it was going to suspend his driver license and identification card for one year, he requested an administrative hearing.”
— Or. Rev. Stat. § 809.310(3)(a) — 2 cases
Santoscoy v. Driver & Motor Veh. Servs. Div., 362 P.3d 1213 (Or. Ct. App. 2015).
“PER CURIAM Petitioner seeks judicial review of a final order by the Department of Transportation and Motor Vehicles (DMV) that suspended his driving privileges on the ground that he knowingly provided false information, in violation of ORS 809.310(3)(a), when he applied for an…”
Slaight v. Driver & Motor Veh. Servs. Div., 225 P.3d 100 (Or. Ct. App. 2009).
“415(5) provides that a suspension for a violation of ORS 809.310 “shall continue for a period of one year,” and, consequently, that it lacked authority to suspend petitioner’s license for a period of less than a year.”
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