Farley v. Motor Vehicles Division

769 P.2d 781, 95 Or. App. 417
CourtCourt of Appeals of Oregon
DecidedMarch 1, 1989
DocketMVD 15 870814 6130; CA A47759
StatusPublished

This text of 769 P.2d 781 (Farley v. Motor Vehicles Division) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farley v. Motor Vehicles Division, 769 P.2d 781, 95 Or. App. 417 (Or. Ct. App. 1989).

Opinion

GRABER, J.

Petitioner seeks review of a Motor Vehicles Division (MVD) order that suspended his driving privileges. He contends that MVD had no statutory authority to suspend his license, that he did not receive adequate notice of the basis for the suspension, and that MVD erred in setting the period during which he must provide proof of financial responsibility. We affirm.

The following facts are undisputed. On May 22,1986, petitioner was convicted, on his plea of guilty, of driving under the influence of intoxicants (DUII). As a result of that conviction, MVD suspended his license for one year. ORS 813.400. On May 22, 1987, his driving privileges were restored. On August 1, 1987, MVD sent petitioner a notice of suspension, that stated, in relevant part:

“We have been notified by your auto insurance company that the proof of future financial responsibility which you are required to keep on file with us has been cancelled. Based on this information, your driving privilege will be suspended by the Motor Vehicles Division (DMV) beginning at 12:01 AM on the morning of August 31,1987.
“This suspension is ordered under Oregon Revised Statutes (ORS) 809.360(4), 809.410(10) and 806.240.
“You have a right to a hearing on this suspension. * * *
“IF DMV receives the proof of future financial responsibility before the suspension begins, we will stop this suspension.”

Petitioner requested a hearing. After the hearing, the referee suspended his license “until Petitioner complies with future responsibility filings.”

Petitioner argues, first, that MVD lacked authority to suspend his license for failure to file proof of financial responsibility after his driving privileges had been fully restored on May 22, 1987. We disagree. ORS 813.400(1) authorized and, indeed, required MVD to suspend petitioner’s driving privileges when he was convicted of DUII. ORS 813.400(2) compelled future responsibility filings.1 The statute provides, in [420]*420pertinent part:

“Driving any vehicle upon any highway or on premises open to the public while under the influence of intoxicants constitutes grounds for suspension of driving privileges. The following apply to this section:
“(1) Upon receipt of a record of conviction for an offense described in this section, the division shall suspend the driving privileges or right to apply for driving privileges.
“(2) The suspension shall be for a period described under schedule II of ORS 809.420, except the division shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.” (Emphasis supplied.)

As petitioner concedes, MVD had authority to require him to make a future responsibility filing before he regained his license. The only question is whether MVD could impose that requirement after May 22,1987.

Former ORS 806.240(1) and former ORS 806.2502 governed when MVD’s authority ended. As relevant here, those statutes provided:
“(1) The person required to make the [future responsibility] filing must file, or have filed for the benefit of the person, proof that meets the requirements of this section and must maintain the proof as long as required under ORS 806.250.” Former 806.240(1). (Emphasis supplied.)
“The division shall terminate the requirement that a person maintain future responsibility filings according to this section * * *. The authority of the division to terminate future responsibility filing requirements * * * is subject to the following:
“(1) [T]he division shall terminate requirements for a future responsibility filing under any of the following circumstances:
«* * * * *
“(b) On the request of the person on whose behalf such proof was furnished if:
“(A) More than three years have passed from the date such proof was required * * *.” Former ORS 806.250. (Emphasis supplied.)

[421]*421Under ORS 813.400(2), MVD ought not to have reinstated petitioner’s license until he had complied with future responsibility filings; under former ORS 806.240(1), petitioner had to maintain the proof for as long as former ORS 806.250 required; under former ORS 806.250, MVD could impose the filing requirement for three years. Thus, contrary to petitioner’s argument, the future responsibility filing was not a one-time act. Rather, petitioner had to file and maintain the filing.

ORS 809.410(10) and ORS 806.240(5) required MVD to suspend petitioner’s license when it learned that his proof of financial responsibility (that is, his liability insurance) had been cancelled. ORS 809.410(10) provides:

“Failure to make future responsibility filing described in this subsection constitutes grounds for suspension of driving privileges. The following apply to this subsection:
“(a) The division shall suspend the driving privileges or right to apply for driving privileges of a person who fails to comply with future responsibility filings whenever required under the vehicle code or to provide new proof for future responsibility filings when requested by the division.
“ (b) The suspension shall continue until the person complies with future responsibility filings.”

ORS 806.240

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Related

§ 183.415
Oregon § 183.415
§ 801.290
Oregon § 801.290
§ 806.240
Oregon § 806.240(1)
§ 806.245
Oregon § 806.245
§ 806.250
Oregon § 806.250
§ 809.410
Oregon § 809.410(10)
§ 809.420
Oregon § 809.420
§ 813.400
Oregon § 813.400

Cite This Page — Counsel Stack

Bluebook (online)
769 P.2d 781, 95 Or. App. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farley-v-motor-vehicles-division-orctapp-1989.