Or. Admin. Code § 735-064-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-064-0110 - Consequences of Violations of Restrictions, Conditions, Limitations or Requirements of a Hardship or Probationary Permit

(1) DMV will suspend a person's hardship or probationary permit when a person fails to maintain any of the requirements listed in this section. The suspension will remain in effect until the person complies with the requirement or until the requirement is no longer a condition of the hardship or probationary permit, as follows:

(a) Failure to maintain a future responsibility filing required by ORS 807.240(3)(e);

(b) Failure to maintain installation of an ignition interlock device as required by ORS 813.602(1)(a);

(c) Failure to maintain a recommendation from a program approved by OHA as required by OAR 735-064-0040(5); or

(d) Failure to maintain a recommendation from the judge that convicted the person as required by ORS 807.250.

(2) DMV will revoke a person's hardship or probationary permit when a person commits a violation of any of the restrictions or conditions of a hardship or probationary permit as listed in OAR 735-064-0100.

(3) DMV will revoke the hardship permit for 30 days, during which period the person is not eligible for another hardship permit.

(4) DMV will revoke the probationary permit for one year, during which period the person is not eligible for another probationary permit and is not eligible to reinstate driving privileges.

(5) At the end of a permit revocation period, the person may apply for another hardship or probationary permit, if otherwise eligible. The person must submit a new application, pay all required fees and meet all other permit requirements.

(6) A person whose hardship or probationary permit is revoked based on a notice from a court as specified in ORS 809.140, is entitled to an administrative review under 809.440(2). The revocation will remain in effect pending the outcome of the administrative review.

(7) A person whose hardship or probationary permit is revoked based on information other than that described in ORS 809.140, is entitled to a contested case hearing under 183.310 to 183.550. The revocation will not go into effect pending the outcome of the hearing.

(8) A person whose hardship or probationary permit is suspended due to failure to maintain a requirement of the permit is entitled to an administrative review under OAR 735-001-0050. The suspension will remain in effect pending the outcome of the administrative review.

Or. Admin. Code § 735-064-0110

MV 7-1984, f. 6-29-84, ef. 7-1-84; MV 17-1986, f. & ef. 10-1-86; MV 12-1987(Temp), f. 9-16-87, ef. 9-27-87; MV 31-1987, f. & ef. 10-5-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0125; MV 4-1991, f. 6-18-91, cert. ef. 7-1-91; MV 17-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 5-1995, f. & cert. ef. 3-9-95; DMV 12-1996, f. & cert. ef. 12-20-96; DMV 4-2002, f. & cert. ef. 3-14-02; DMV 2-2006, f. & cert. ef. 2-15-06; DMV 28-2008, f. & cert. ef. 12-15-08; DMV 2-2013, f. & cert. ef. 3-22-13; DMV 29-2017, amend filed 12/19/2017, effective1/1/2018; DMV 48-2018, amend filed 11/20/2018, effective 1/1/2019

Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 807.270 & 813.510

Statutes/Other Implemented: ORS 807.240, 807.270, 813.500 & 813.510