(1) Subject to subsection (2) of this section, an insurer may consider the abstract of an individual’s nonemployment driving record under ORS § 802.220 when evaluating the individual’s application to obtain or renew personal insurance, as defined in ORS § 746.600, that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons:

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(a) For the purpose of determining whether to issue or renew the individual’s policy.

(b) For the purpose of determining the rates of the individual’s policy.

(2) For the purposes specified in subsection (1) of this section, an insurer that issues or renews a policy described in subsection (1) of this section may not consider any:

(a) Accident or conviction for violation of motor vehicle laws that occurred more than three years immediately preceding the application for the policy or for renewal of the policy;

(b) Diversion agreements under ORS § 813.220 that were entered into more than three years immediately preceding the application for the policy or for renewal of the policy; or

(c) Suspension of driving privileges pursuant to ORS § 809.280 (6) or (8) if the suspension is based on a nondriving offense.

(3) Subsection (2) of this section does not apply if an insurer considers an individual’s nonemployment driving record under ORS § 802.220 for the purpose of providing a discount to the individual. [1987 c.5 § 5; 1989 c.853 § 1; 1991 c.860 § 7; 1999 c.59 § 231; 2001 c.327 § 1; 2011 c.355 § 25; 2015 c.76 § 2]