2021 Oregon Revised Statutes
Chapter 807 - Driving Privileges and Identification Cards
Section 807.240 - Hardship permit; fees; rules.


(1) The department may only issue a permit to a person whose driving privileges under the vehicle code have been suspended, or revoked under ORS 809.600 as a habitual offender.
(2) Except as provided in this section and ORS 813.520, the department may reinstate the privilege to operate a motor vehicle of any person whose license to operate a motor vehicle has been suspended, or revoked under ORS 809.600 as a habitual offender, by issuing the person a hardship permit.
(3) To qualify for a hardship permit, a person must do all of the following:
(a) The person must submit to the department an application for the permit that demonstrates the person’s need for the permit.
(b) The person must present satisfactory evidence, as determined by the department by rule:
(A) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment;
(B) That the person must operate a motor vehicle to seek employment or to get to or from a place of employment;
(C) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program;
(D) That the person or a member of the person’s immediate family requires medical treatment on a regular basis and that the person must operate a motor vehicle in order that the treatment may be obtained;
(E) That the person must operate a motor vehicle to get to or from a gambling addiction treatment program; or
(F) That the person must operate a motor vehicle to provide necessary services to the person or to a member of the person’s family. The department shall determine by rule what constitutes necessary services for purposes of this subparagraph. The rule shall include as necessary services, but need not be limited to, grocery shopping, driving the person or the person’s children to school, driving to medical appointments and caring for elderly family members.
(c) If the person is applying for a permit because the person or a member of the person’s immediate family requires medical treatment on a regular basis, the person must present, in addition to any evidence required by the department under paragraph (b) of this subsection, a statement signed by a licensed physician or licensed nurse practitioner that indicates that the person or a member of the person’s immediate family requires medical treatment on a regular basis.
(d) The person must show that the person is not incompetent to drive nor a habitual incompetent, reckless or criminally negligent driver as established by the person’s driving record in this or any other jurisdiction.
(e) The person must make a future responsibility filing.
(f) The person must submit any other information the department may require for purposes of determining whether the person qualifies under this section and ORS 813.520.
(4) If the department finds that the person meets the requirements of this section and any applicable requirements under ORS 813.520, the department may issue the person a hardship permit, valid for the duration of the suspension or revocation or for a shorter period of time established by the department unless sooner suspended or revoked under this section. If the department issues the permit for a period shorter than the suspension or revocation period, renewal of the permit shall be on such terms and conditions as the department may require. The permit:
(a) Shall limit the holder to operation of a motor vehicle only during specified times.
(b) May bear other reasonable limitations relating to the hardship permit or the operation of a motor vehicle that the department deems proper or necessary. The limitations may include any limitation, condition or requirement. Violation of a limitation is punishable as provided by ORS 811.175 or 811.182.
(5) The department, upon receiving satisfactory evidence of any violation of the limitations of a permit issued under this section, may suspend or revoke the hardship permit.
(6) The fee charged for application or issuance of a hardship driver permit is the hardship driver permit application fee under ORS 807.370. The department may not refund the fee if the application is denied or if the driver permit is suspended or revoked. The fee upon renewal of the driver permit is the same fee as that charged for renewal of a license. The application fee charged under this subsection is in addition to any fee charged for reinstatement of driving privileges under ORS 807.370.
(7) The department may issue a permit granting the same driving privileges as those suspended or revoked or may issue a permit granting fewer driving privileges, as the department determines necessary to assure safe operation of motor vehicles by the permit holder.
(8) The department may not issue a hardship permit to a person:
(a) Whose driver license or driver permit is suspended pursuant to ORS 25.750 to 25.783;
(b) Whose driving privileges are suspended pursuant to ORS 809.280 (2);
(c) That authorizes the person to operate a commercial motor vehicle;
(d) Whose suspension of driving privileges is based on a second or subsequent conviction of driving while under the influence of intoxicants in violation of ORS 813.010 or the statutory counterpart to ORS 813.010 in another jurisdiction and the suspension period is determined by ORS 809.428 (2)(b) or (c);
(e) Whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of:
(A) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle;
(B) Reckless driving, as defined in ORS 811.140;
(C) Driving while under the influence of intoxicants, as defined in ORS 813.010;
(D) Failure to perform the duties of a driver involved in a collision, as described in ORS 811.700 or 811.705;
(E) Criminal driving while suspended or revoked, as defined in ORS 811.182;
(F) Fleeing or attempting to elude a police officer, as defined in ORS 811.540;
(G) Aggravated vehicular homicide, as defined in ORS 163.149; or
(H) Aggravated driving while suspended or revoked, as defined in ORS 163.196; or
(f) Whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:
(A) For a period of four years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.
(B) For a period of four years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.
(C) For a period of two years from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.
(D) For a period of two years from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.
(E) For a period of six months from the date the department suspends driving privileges if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.
(F) For a period of six months from the date the person is released from incarceration for the conviction if the person’s driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.
(9) A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of subsection (8)(e) of this section.
(10) A person’s driving privileges under a hardship permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit. [1983 c.338 §327; 1985 c.16 §144; 1985 c.608 §29; 1987 c.730 §11; 1987 c.801 §3; 1989 c.636 §33; 1991 c.860 §4; 1993 c.627 §2; 1993 c.751 §45; 1999 c.796 §4; 2001 c.294 §1; 2003 c.23 §1; 2003 c.160 §2; 2005 c.471 §11; 2017 c.319 §1; 2018 c.76 §§2,2a; 2019 c.215 §1; 2019 c.358 §43]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 807 - Driving Privileges and Identification Cards

Section 807.010 - Operating vehicle without driving privileges or in violation of license restrictions; penalty.

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 807.030

Section 807.031 - Classes of license.

Section 807.035 - Kinds of endorsements.

Section 807.040 - Requirements for issuance; rules; fees.

Section 807.045 - Issuance of commercial license to person who holds out-of-state commercial license.

Section 807.050 - Application; proof of address; rules.

Section 807.060 - Eligibility.

Section 807.062 - Domicile or residency requirement for driver license.

Section 807.065 - Additional eligibility requirements for persons under 18 years of age; provisional 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 807.080 - Driver competency testing certificates; waiver of demonstration test for persons certified; rules; fees.

Section 807.085 - Entry-level commercial motor vehicle driver training; requirements; penalties; rules.

Section 807.090 - Establishing eligibility notwithstanding mental or physical condition or impairment.

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 807.130 - Expiration.

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 807.400 - Issuance; application; proof of address; contents; renewal; fee; validity; replacement; cancellation; 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 807.460 - Fees.

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 807.700 - Notification to department as to released persons with mental retardation or mental illness who are licensed operators.

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 807.745 - Findings regarding personal information contained in driver licenses, driver permits and identification cards.

Section 807.750 - Restrictions on swiping driver licenses or identification cards.