(1) A person commits the offense of operating a vehicle without driving privileges if the person operates a motor vehicle upon a highway or premises open to the public in this state and the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, endorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

(2) A person to whom a license or driver permit is issued commits the offense of violating license restrictions if the person operates a motor vehicle in any manner that violates restrictions that are placed upon the person’s driving privileges by the Department of Transportation under ORS § 807.120 or 807.122, by a court under ORS § 809.270, or by the vehicle code.

(3) Nothing in this section is applicable to a person who is driving while suspended or revoked in violation of ORS § 811.175 or 811.182. Persons who violate ORS § 811.175 or 811.182 are subject to the provisions and penalties provided therein and are not subject to the penalties and provisions of this section.

(4) Except as provided in subsection (5) of this section, the offense described in subsection (1) of this section, operating a vehicle without driving privileges, is a Class B traffic violation.

(5) The offense described in subsection (1) of this section, operating a vehicle without driving privileges, that results from a person operating a motorcycle without a motorcycle endorsement, is a Class A traffic violation.

(6)(a) The court shall suspend a fine imposed under subsection (5) of this section on the condition that the person, within 120 days of the date of sentencing:

(A) Complete a motorcycle education course established by the department under ORS § 802.320; and

(B) Obtain a motorcycle endorsement issued under ORS § 807.170.

(b) The court shall set a hearing date for 120 days from the date of sentencing. At the hearing the court shall:

(A) If the person has successfully completed the requirements described in paragraph (a)(A) and (B) of this subsection, enter a sentence of discharge; or

(B) If the person has not successfully completed the requirements described in paragraph (a)(A) and (B) of this subsection:

(i) Grant the person an extension based on good cause shown; or

(ii) Impose the fine under subsection (5) of this section.

(7) The offense described in subsection (2) of this section, operating in violation of license restrictions, is a Class B traffic violation. [1985 c.608 § 5 (enacted in lieu of 1983 c. 338 § 299); 1987 c.730 § 10; 1999 c.328 § 6; 2003 c.14 § 467; 2009 c.482 § 1; 2020 s.s.1 c.10 § 1]

STATUTORY PRIVILEGES