(2) Notwithstanding subsection (1) of this section and ORS 807.040 (1)(c), the department, by rule, may provide for issuance, renewal or replacement of a valid driver license or driver permit without the collection of biometric data.
(3) For purposes of this section, a person’s identity is established if:
(a) The department finds that the biometric data collected as required under subsection (1) of this section match the biometric data that are already in the department’s records for that person; or
(b) The department finds that the biometric data collected as required under subsection (1) of this section do not match biometric data in the department’s records for any other person and the department does not otherwise have reason to believe that the person is not who the person claims to be.
(4) If a person’s identity is established as described in subsection (3) of this section, the department shall mail the driver license, driver permit or identification card to the address provided by the person when the person applied for the issuance, renewal or replacement of the license, permit or identification card.
(5) If a person’s identity is not established as described in subsection (3) of this section, the department shall:
(a) Inform the person who submitted to collection of biometric data that the person’s identity was not established; and
(b) Provide the person with the opportunity to establish the person’s identity by an alternative method approved by the department by rule.
(6) If a person’s identity was not established as described in subsection (3) of this section and the department has reason to believe that the crime of identity theft, as described in ORS 165.800, was committed by the person currently submitting to collection of biometric data or by a person who previously submitted to collection of biometric data under the identity of the person currently submitting to collection of biometric data, the department shall notify a law enforcement agency that has jurisdiction over the crime.
(7) The department by rule shall establish procedures for providing expedited processing of driver licenses, driver permits or identification cards.
(8) The department and employees of the department are immune from liability for any damages resulting from the issuance, renewal or replacement of a driver license, driver permit or identification card under another person’s identity if the employee who processed the biometric data for a license, permit or identification card established the applicant’s identity as described in subsection (3) of this section. [2005 c.775 §3; 2008 c.1 §14; 2017 c.568 §13]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 807 - Driving Privileges and Identification Cards
Section 807.018 - Persons considered to hold commercial driving privileges.
Section 807.020 - Exemptions from requirement to have Oregon license or permit.
Section 807.021 - Proof of Social Security number; rules.
Section 807.022 - Verification of identity source documents.
Section 807.024 - Collection of biometric data; establishment of person’s identity; rules; immunity.
Section 807.026 - Management of biometric data.
Section 807.031 - Classes of license.
Section 807.035 - Kinds of endorsements.
Section 807.040 - Requirements for issuance; rules; fees.
Section 807.050 - Application; proof of address; rules.
Section 807.060 - Eligibility.
Section 807.062 - Domicile or residency requirement for driver license.
Section 807.066 - School requirements for persons under 18 years of age.
Section 807.070 - Examinations.
Section 807.072 - Waiver of certain examinations, tests and demonstrations; rules.
Section 807.100 - Proof of medical qualification; rules.
Section 807.110 - Contents of license; rules.
Section 807.115 - Digital images of photographs and signatures.
Section 807.120 - Restrictions generally.
Section 807.122 - Restrictions on operation with provisional driver license.
Section 807.135 - Expiration of license held by Oregon National Guard member or military reservist.
Section 807.137 - Expiration of license held by person volunteering outside of United States.
Section 807.140 - Notice prior to expiration; exceptions; effect of failure to notify; records.
Section 807.150 - Renewal; proof of address; rules.
Section 807.160 - Replacement license or permit; rules; fees.
Section 807.170 - Requirements for issuance; fees; cancellation.
Section 807.173 - Additional requirements for hazardous materials endorsement; rules.
Section 807.175 - Motorcycle education course.
Section 807.200 - Types of permit.
Section 807.210 - Disability golf cart permit; fees.
Section 807.220 - Emergency driver permit; fees.
Section 807.230 - Special student driver permit; fees.
Section 807.240 - Hardship permit; fees; rules.
Section 807.280 - Instruction driver permit; fees.
Section 807.285 - Commercial learner driver permit; fees.
Section 807.290 - Special temporary instruction driver permit; fees.
Section 807.310 - Applicant temporary permit; rules.
Section 807.320 - Court issued temporary driver permit.
Section 807.330 - Court bail driver permit.
Section 807.340 - Proof of eligibility; effect of failure to reestablish; waiver of fee.
Section 807.350 - Cancellation of privileges; issuance of more limited license or permit.
Section 807.355 - Definitions.
Section 807.359 - Special limited vision condition learner’s permit.
Section 807.363 - Issuance of driver license to person with limited vision condition.
Section 807.368 - Form of permit; rehabilitation training specialists; rules.
Section 807.369 - Driving at night.
Section 807.370 - License, endorsement and permit fees.
Section 807.390 - Waiver of certain fees; rules.
Section 807.405 - Applicant temporary identification card; rules.
Section 807.410 - Fees; rules.
Section 807.420 - Failure to notify department on change of name or address; rules; penalty.
Section 807.430 - Misuse of identification card; penalty.
Section 807.455 - Issuance, replacement and renewal; requirements.
Section 807.465 - Document retention.
Section 807.470 - Disclosure of identity source documents.
Section 807.475 - Fingerprint requirements.
Section 807.480 - Verification of lawful status in the United States; rules.
Section 807.485 - Public information program.
Section 807.500 - Unlawful production of certain documents; affirmative defense; penalty.
Section 807.510 - Transfer of documents for purposes of misrepresentation; penalty.
Section 807.520 - False swearing to receive license; penalty.
Section 807.530 - False application for license; penalty.
Section 807.540 - Failure to surrender prior license; penalty.
Section 807.550 - Holding multiple licenses; penalty.
Section 807.560 - Failure to notify department upon change of address or name; rules; penalty.
Section 807.570 - Failure to carry or present license; penalty.
Section 807.580 - Using invalid license; penalty.
Section 807.590 - Permitting misuse of license; penalty.
Section 807.600 - Using another’s license; penalty.
Section 807.610 - Employing or providing vehicle to unqualified driver; penalty.
Section 807.620 - Giving false information to police officer; penalty.
Section 807.710 - Reports of persons with cognitive or functional impairment; rules; forms.
Section 807.725 - Issuance of fictitious driver licenses and identification cards; rules; fees.
Section 807.730 - Issuance of limited term driver licenses, permits and identification cards; rules.
Section 807.750 - Restrictions on swiping driver licenses or identification cards.