(1) Except as provided in this section, the Department of Transportation shall suspend the commercial driving privileges of a person for a period of 180 days if the department receives a report that the person violated an out-of-service order issued under ORS § 813.050 or has violated any other out-of-service order or notice. A report under this section may include, but need not be limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to make a determination that the person has violated an out-of-service order or notice.

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Terms Used In Oregon Statutes 809.530

  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) The department shall suspend the commercial driving privileges of a person for a period of one year if the department receives a report as described in subsection (1) of this section and:

(a) The person committed the violation while transporting hazardous materials; or

(b) The person committed the violation while operating a motor vehicle designed to transport 16 or more persons, including the driver.

(3) The department shall suspend the commercial driving privileges of a person for a period of three years if:

(a) The department receives a report as described in subsection (1) of this section; and

(b) The violation was committed within 10 years of the commission of one or more other violations of out-of-service orders for which the department received reports as described in subsection (1) of this section.

(4) The department shall suspend the commercial driving privileges of a person for a period of five years if the department receives a report that meets the requirements of subsection (3) of this section and:

(a) The violation that is the subject of the report occurred while the person was transporting hazardous materials; or

(b) The person committed the violation while operating a motor vehicle designed to transport 16 or more persons, including the driver.

(5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS § 809.510, 809.525 or 809.535 if the suspensions do not arise out of the same incident. [2013 c.237 § 8]

 

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