The Department of Transportation shall provide for issuance of hardship driver permits in a manner consistent with this section. A hardship driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a hardship driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license. The following apply to a hardship driver permit:

(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]

[1985 c.16 § 150; 1987 c.262 § 2; 1987 c.801 § 4; 1991 c.835 § 5; 1995 c.750 3,6; 1999 c.619 § 6; 2003 c.23 § 2; 2003 c.204 § 1; 2011 c.355 § 27; 2017 c.21 § 76; 2017 c.319 § 2; repealed by 2018 c.76 § 1]

[1999 c.796 § 3; 2001 c.104 § 302; 2003 c.14 § 481; 2003 c.23 § 3; 2007 c.867 § 9; 2009 c.783 § 8; 2017 c.319 § 3; 2018 c.22 § 7; repealed by 2018 c.76 § 1]

[1985 c.16 § 152; 1987 c.801 § 5; repealed by 2018 c.76 § 1]

[1983 c.338 § 326; 1985 c.16 § 143; 1985 c.597 § 18; 1985 c.608 § 28; 1987 c.730 § 12; 1999 c.1051 § 280; 2001 c.294 § 2; 2003 c.160 § 3; 2007 c.195 § 4; repealed by 2018 c.76 § 1]