Or. Admin. Code § 735-072-0023 - Provisional Driver Improvement Program
(1) Drivers who have reached 14 years of age
but who have not yet reached 18 years of age are subject to the Provisional
Driver Improvement Program. The Provisional Driver Improvement Program is
designed to have an immediate impact on young drivers who are convicted of
traffic offenses or involved in preventable accidents. The Provisional Driver
Improvement Program applies to driver improvement offenses and preventable
accidents that occur when the driver is 14, 15, 16 or 17 years of age, and
whose record review date occurs before the person has reached 18 years of
age.
(2) On the record review date,
DMV will review the person's driving record and restrict the driving privileges
of any provisional driver who has two driver improvement offenses.
(3) All of the following apply to provisional
restrictions:
(a) DMV will restrict the
license or instruction permit of a provisional driver to drive only to and from
or for employment or school.
(b)
Only the driver's parent, stepparent or guardian may be a passenger in the
vehicle.
(c) DMV will impose the
restriction for a period of 90 days or until the driver becomes 18 years of
age. DMV will notify the provisional driver by letter that the restriction will
begin five days from the date of the letter. During the 90-day restriction
period, the provisional driver must carry the restriction letter at all times
while the person is driving a motor vehicle.
(d) A person who violates the Provisional
Driver Improvement Program restriction, may be cited under ORS
807.010, operating in violation
of license restrictions, which is a Class B traffic violation.
(e) DMV will delay imposition of a
restriction to driving privileges and place a pending restriction code on the
person's driving record of any provisional driver:
(A) Whose driving privileges are cancelled,
suspended or revoked, until DMV grants driving privileges or fully reinstates
driving privileges;
(B) Who has not
been granted driving privileges, until DMV grants driving privileges in the
form of a provisional driver license or instruction permit; or
(C) Unless that provisional driver gets
another driver improvement offense or preventable accident while under the age
of 18. In that case, DMV will suspend the driving privileges or right to apply
for driving privileges as set forth in section (5) of this rule. This
suspension will supersede the pending restriction and the pending restriction
code will be removed from the person's driving record.
(4) DMV will suspend for six
months the driving privileges or right to apply for driving privileges of any
provisional driver who has three driver improvement offenses.
(5) For each subsequent driver improvement
offense, DMV will suspend for six months the driving privileges or right to
apply for driving privileges of a provisional driver, regardless of a previous
or current Driver Improvement Program suspension(s), who has four or more
driver improvement offenses.
(6)
DMV will suspend for one year the driving privileges or the right to apply for
driving privileges of a provisional driver convicted of any offense listed in
ORS 809.600(1).
This suspension is for Provisional Driver Improvement Program purposes and is
in addition to any suspension or revocation imposed because of the specific
conviction.
(7) The suspension
period for suspensions imposed under sections (4), (5) and (6) of this rule
will be imposed for the full suspension period, regardless of whether the
provisional driver becomes 18 years of age during the suspension period. A
suspension of driving privileges or the right to apply for driving privileges
under this rule shall run concurrently with any other suspension, revocation,
or cancellation in effect at the time the suspension begins.
Notes
Statutory/Other Authority: ORS 184.619, 802.010, 802.200 & 809.480
Statutes/Other Implemented: ORS 802.200 & 809.480
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