CARSON, C. J.
This case comes before this court on a petition for review of a consolidated appeal of three pretrial orders in three cases involving traffic crimes. In each case, defendant was charged by indictment with the offense of felony driving while revoked. Because the driving privileges of defendants Hammerton and Walmsley were revoked under the same statute, we decide their cases in this consolidated opinion. Defendant Daniels’ driving privileges were revoked under different statutes that have been superseded, and we decide his case separately. By separate order, we severed
State v. Daniels
from
State v. Hammerton
and
State v. Walmsley.
Defendant Hammerton’s driving privileges were revoked for a period of one year on September 6,1990. Nearly two years later, he was charged by indictment with felony driving while revoked on August 11,1992. Defendant Walm-sley’s driving privileges were revoked for a period of one year on April 19,1986. Six and one-half years later, he was charged by indictment with felony driving while revoked on October 24,1992. The parties agree that the statutorily specified one-year period had elapsed by the time that each current offense allegedly occurred. Defendants and the state also agree that neither of defendants’ driving privileges had been reinstated at the time that the charged offenses occurred.
In each case, defendant moved, before trial, to exclude
from evidence as irrelevant the order revoking his driving privileges because the “revocation period” in each order had expired before the date of the charged offense. Defendants argued that, because the revocation orders had expired before the time of the alleged offenses, the revocation orders were not relevant to whether defendants were driving while revoked on the dates of the charged offenses. In both cases, the trial judge granted the motion to exclude the revocation orders. The state appealed. In a consolidated
appeal, the Court of Appeals reversed, holding that revocation of driving privileges is indefinite and that “[t]he revocation period is simply the statutory period of time during which a person whose license has been revoked may not attempt to reestablish driving privileges.”
State v. Daniels,
124 Or App 420, 425, 862 P2d 524 (1993). Accordingly, the Court of Appeals held that the revocation orders were relevant to show that defendants were driving while revoked.
Id.
We allowed defendants’ petition for review and now reverse the decision of the Court of Appeals. The trial court’s orders granting defendants’ motions to exclude the revocation orders are affirmed.
Defendants were charged with felony driving while revoked under ORS 811.182,
which provides, in part:
“(1) A person commits the offense of criminal driving while suspended or revoked * * * if the person violates ORS 811.175 and the suspension or revocation is one described in this section * * *.
cc* * * * *
“(3) The crime is a Class C felony if the suspension or revocation resulted from any of the following:
CC* * * * *
“(c) Any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle. ’ ’
ORS 811.175, referred to in ORS 811.182, provides, in part:
“(1) A person commits the offense of infraction driving while suspended or revoked * * * if the person does any of the following:
“(a)
Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation.
it*
* * * *
“(4) The offense described in this section, infraction driving while suspended or revoked, * * * is a Class A traffic
infraction except as otherwise provided in ORS 811.182.” (Emphasis added.)
Defendants argue that their driving privileges were
revoked
only for the length of the one-year “revocation period” specified in ORS 809.410(4).
They acknowledge that they did not have driving privileges at the time of the alleged offenses but argue that their privileges were no longer revoked and that their right to apply for driving privileges no longer was impaired. Defendants contend that, after the statutorily specified “revocation period” was over, they were required to apply for driving privileges through the ordinary process. Consequently, as defendants would have it, because they drove after the revocation periods had expired, but before their driving privileges had been reinstated, they could have been charged only with the Class B traffic infraction of driving without driving privileges in violation of ORS 807.010.
The net effect is that, if defendants could be charged with either felony driving while revoked (ORS 811.182) or infraction driving while revoked (ORS 811.175) based on the revocations set out above, the revocation orders are relevant to prove guilt, as argued by the state. If, on the other hand, defendants could be charged with only the infraction of driving without driving privileges (ORS 807.010) based on those revocations, the revocation orders are not relevant, as now argued by defendants.
See
OEC 401 (Relevant evidence
is “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”).
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CARSON, C. J.
This case comes before this court on a petition for review of a consolidated appeal of three pretrial orders in three cases involving traffic crimes. In each case, defendant was charged by indictment with the offense of felony driving while revoked. Because the driving privileges of defendants Hammerton and Walmsley were revoked under the same statute, we decide their cases in this consolidated opinion. Defendant Daniels’ driving privileges were revoked under different statutes that have been superseded, and we decide his case separately. By separate order, we severed
State v. Daniels
from
State v. Hammerton
and
State v. Walmsley.
Defendant Hammerton’s driving privileges were revoked for a period of one year on September 6,1990. Nearly two years later, he was charged by indictment with felony driving while revoked on August 11,1992. Defendant Walm-sley’s driving privileges were revoked for a period of one year on April 19,1986. Six and one-half years later, he was charged by indictment with felony driving while revoked on October 24,1992. The parties agree that the statutorily specified one-year period had elapsed by the time that each current offense allegedly occurred. Defendants and the state also agree that neither of defendants’ driving privileges had been reinstated at the time that the charged offenses occurred.
In each case, defendant moved, before trial, to exclude
from evidence as irrelevant the order revoking his driving privileges because the “revocation period” in each order had expired before the date of the charged offense. Defendants argued that, because the revocation orders had expired before the time of the alleged offenses, the revocation orders were not relevant to whether defendants were driving while revoked on the dates of the charged offenses. In both cases, the trial judge granted the motion to exclude the revocation orders. The state appealed. In a consolidated
appeal, the Court of Appeals reversed, holding that revocation of driving privileges is indefinite and that “[t]he revocation period is simply the statutory period of time during which a person whose license has been revoked may not attempt to reestablish driving privileges.”
State v. Daniels,
124 Or App 420, 425, 862 P2d 524 (1993). Accordingly, the Court of Appeals held that the revocation orders were relevant to show that defendants were driving while revoked.
Id.
We allowed defendants’ petition for review and now reverse the decision of the Court of Appeals. The trial court’s orders granting defendants’ motions to exclude the revocation orders are affirmed.
Defendants were charged with felony driving while revoked under ORS 811.182,
which provides, in part:
“(1) A person commits the offense of criminal driving while suspended or revoked * * * if the person violates ORS 811.175 and the suspension or revocation is one described in this section * * *.
cc* * * * *
“(3) The crime is a Class C felony if the suspension or revocation resulted from any of the following:
CC* * * * *
“(c) Any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle. ’ ’
ORS 811.175, referred to in ORS 811.182, provides, in part:
“(1) A person commits the offense of infraction driving while suspended or revoked * * * if the person does any of the following:
“(a)
Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation.
it*
* * * *
“(4) The offense described in this section, infraction driving while suspended or revoked, * * * is a Class A traffic
infraction except as otherwise provided in ORS 811.182.” (Emphasis added.)
Defendants argue that their driving privileges were
revoked
only for the length of the one-year “revocation period” specified in ORS 809.410(4).
They acknowledge that they did not have driving privileges at the time of the alleged offenses but argue that their privileges were no longer revoked and that their right to apply for driving privileges no longer was impaired. Defendants contend that, after the statutorily specified “revocation period” was over, they were required to apply for driving privileges through the ordinary process. Consequently, as defendants would have it, because they drove after the revocation periods had expired, but before their driving privileges had been reinstated, they could have been charged only with the Class B traffic infraction of driving without driving privileges in violation of ORS 807.010.
The net effect is that, if defendants could be charged with either felony driving while revoked (ORS 811.182) or infraction driving while revoked (ORS 811.175) based on the revocations set out above, the revocation orders are relevant to prove guilt, as argued by the state. If, on the other hand, defendants could be charged with only the infraction of driving without driving privileges (ORS 807.010) based on those revocations, the revocation orders are not relevant, as now argued by defendants.
See
OEC 401 (Relevant evidence
is “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”).
To resolve the inquiry, we must decide what the legislature intended when it made it an offense for a person to drive a motor vehicle
“during a period when the person’s driving privileges or right to apply for driving privileges have been
* * *
revoked.”
ORS 811.175. (Emphasis added.)
See PGE v. Bureau of Labor and Industries,
317 Or 606, 610, 859 P2d 1143 (1993) (“In interpreting a statute, the court’s task is to discern the intent of the legislature.”). As always, we begin with the text and context of the provision.
Id.
The central question is whether “revocation” ends at the completion of the statutorily specified “revocation period” (here, one year) or whether it remains in effect until the person whose driving privileges have been revoked completes the steps necessary to reinstate his or her driving privileges. The statute specifies that it is an offense to drive during a “period” when a person’s driving privileges are revoked. ORS 811.175. The use of the term “period” suggests that revocation is not indefinite and that ORS 811.175 and. 811.182 apply only to people who drive during the statutorily specified “revocation period.” Read alone, however, the text of the statute is not clear.
We also look to the context of the statutory provisions during the first level of our analysis.
PGE v. Bureau of Labor and Industries, supra,
317 Or at 610. The context of the statutes includes other provisions of the same statute and other related statutes.
Id.
at 611. In that regard, the state relies heavily upon the contrast between the statutory definition of “revoked” and the definition of “suspend.” ORS 801.435 provides that “revoked” means: “[T]he termination [of driving privileges] with new driving privileges* * * obtainable only as permitted by law.” ORS 801.515 provides, in
part: “ ‘Suspend’ * * * means the temporary withdrawal of the * * * driving privileges.”
The state argues that, because revocation “terminates” driving privileges, revocation is an indefinite state that does not end until the person reapplies for and obtains driving privileges. The state arguels further that, if “revocation” is not indefinite, then there is no meaningful distinction between the “revocation” and the “suspension” of driving privileges.
Defendants acknowledge that revocation terminates driving privileges, but argue that the “revocation period” ends at the time when the statute allows the person to reapply for driving privileges. They argue that revocation and suspension are still distinct because, after a person’s driving privileges are revoked and the revocation period is over, the person must reapply for driving privileges. ORS 809.390(3). To reapply for driving privileges, the person whose license was revoked must obtain driving privileges in the same way as a person who is applying for privileges for the first time.
See
ORS 807.060
et seg
(setting forth requirements for obtaining driving privileges). On the other hand, after a suspension period expires, the suspended driver may have his or her driving privileges reinstated upon request, without further requalification by the suspended driver.
ORS 809.380(3).
The statutory definitions do not answer completely the question whether, after the revocation period, defendants’ driving privileges are still “revoked,” or instead, simply are nonexistent because they have been terminated and not reinstated.
As noted above, ORS 809.410(4), under which both defendants’ driving privileges were revoked, provides, in part:
“Any felony conviction -with proof of a material element involving the operation of a motor vehicle constitutes grounds for revocation of driving privileges. The following apply to this subsection:
* * * *
“(b)
The revocation shall be for a period of one year
from the date of revocation except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.” (Emphasis added.)
The language of the statute is quite clear: The revocation
shall be
for
a period of one year.
That language suggests that revocation under ORS 809.410 terminates a person’s driving privileges, but that “revocation” lasts only for a period of one year.
Another provision of the Oregon Vehicle Code also implies that ‘ ‘revocation’ ’ continues only as long as the period specified in the statute and the revocation order. ORS 807.060 provides, in part:
“The Department of Transportation shall not grant driving privileges to a person under a license if the person is not eligible under this section. The following are not eligible for a license:
<<* *>;:**
“(13) A person while the person’s driving privileges
are revoked
in this state.” (Emphasis added.)
The state argues that driving privileges are “revoked” until the person reapplies and is granted driving privileges. The difficulty with the state’s construction of the statutory scheme, however, is that, if it were correct, a person whose driving privileges had been revoked would
never
be eligible to obtain driving privileges. This wouldbe so because, under ORS 807.060(13), aperson whose driving privileges are
revoked is ineligible
to apply
for a driver license. If, on the other hand, defendants’ construction is correct, and “revocation” lasts only until the “revocation period” expires, the person is not disqualified from applying for driving privileges under ORS 807.060 after the revocation period has elapsed, because his or her driving privileges are no longer “revoked.”
The statutes quoted above mirror the language contained in ORS 811.175(a), which states that it is an offense to drive “during a
period when the person’s driving privileges or right to apply for driving privileges have been
* * *
revoked
(Emphasis added.) The text and context, read together, suggest that the “period when the person’s driving privileges have been * * * revoked” refers to the statutorily specified “revocation period” (one year), rather than to the period that extends from revocation until reinstatement of driving privileges. After the statutorily specified “revocation period” expires, the person does not have driving privileges, but his or her privileges are no longer
revoked.
Read together, the text and context of ORS 811.175 make clear that the statutory scheme contemplates a finite revocation period. During the specified revocation period, the revoked person may neither drive nor apply for driving privileges. After the revocation period is over, the person still does not have driving privileges, but he or she may apply anew for driving privileges.
It is a Class A infraction or a Class C felony to drive during “a period when the person’s driving privileges or right
during “a period when the person’s driving privileges or right to apply for driving privileges have been * * * revoked.” ORS 811.175(1)(a) and 811.182(3). In these cases, defendants’ driving privileges were revoked for a “period” of one year. ORS 809.410. In both cases, on the date of the charged offense, the one-year period had expired. Accordingly, in respect of the revocation orders at issue here, defendants were not driving while revoked.
One final argument deserves mention. The state argues that the Court of Appeals’ opinion in
State v. Foster,
54 Or App 405, 635 P2d 11 (1981), which held that the revocation of the defendant’s license to operate a motor vehicle under
former
ORS 482.430 (1977) (earlier version of ORS 809.410(4)) was indefinite, was adopted by the 1983 and 1985 recodification of the Oregon Vehicle Code. The state argues that this case is factually indistinguishable from
Foster
and, thus, that this court is bound by that case (or, more specifically, by the legislature’s adoption of that case).
In making that argument, the state relies in large part on the preamble to the revision of the Oregon Vehicle Code, which provided, in part:
“It is not the purpose or intent of the Oregon Legislative Assembly to change the law,
as interpreted by the courts,
administrating agencies and the Legislative Assembly, by enacting the revision of the Oregon Vehicle Code * * *. The intent of the assembly is to make the law relating to vehicles easier to use, amend and understand by simplifying the language, establishing a single set of definitions for the code, eliminating confusingreferences, eliminating verbiage, eliminating some confusing use of terminology and standardizing the presentation of prohibitions and penalties,
all in accordance with existing interpretation and use of the vehicle code,
and rearranging existing concepts under the vehicle code in a more logical fashion.
“(4) Every agency of this state,
every court
and every person
shall consider the revision to be a continuation of the vehicle laws in effect on the effective date of the
revision.” Or Laws 1983, ch 338, § 3,
as amended by
Or Laws 1985, ch 16, § 3. (Emphasis added.)
The state argues that the foregoing language shows that the legislature intended to codify all interpretations by the courts of the existing vehicle code, including
State v. Foster, supra,
and, thus, that this court is bound by the legislative adoption of
Foster.
We disagree. Assuming,
arguendo,
that that type of general statement of legislative intent were enough to “codify” a Court of Appeals’ case, the state’s argument is misplaced here. The opinion in
State v. Foster, supra,
interpreted the revocation provision in effect in 1978, the year in which the defendant’s license was revoked. 54 Or App at 407. That statute provided, in part:
“The division forthwith shall revoke any person’s permit or license to operate motor vehicles upon receiving a record of the conviction of such person of any of the following offenses:
i|: ‡ ‡
“(c) Any crime punishable as a felony in the commission of which a motor vehicle is used.”
Former
ORS 482.430(l)(c) (1977).
The Court of Appeals held that, under that statute, the defendant’s license was indefinitely revoked until he applied for and was reissued a new license as allowed under the statute.
State v. Foster, supra,
54 Or App at 408. Because the defendant in that case had not sought a new license by the date of the charged offense, the court held that the 1978 revocation order was relevant to the 1980 charge of driving while suspended (or revoked).
Id.
The flaw in the state’s argument is its failure to recognize that
former
ORS 482.430 (1977) was substantively amended
before
the legislature enacted the 1983 recodification of the Oregon Vehicle Code. In 1981, the legislature amended the statute to read:
“(1) The division forthwith
shall revoke for a period of time as set forth in ORS 482.500,
any person’s permit or license or right to apply to operate motor vehicles upon receiving a record of the conviction of such person of any of the following offenses:
* # * *
“(c) Any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle. ’ ’
Former
482.430(l)(c) (1981). (Emphasis added.)
As provided in
former
ORS 482.430 (1981),
former
482.500(1) (1981) set the time period for license revocations under former chapter 482:
“[A]ny person whose permit, license or right to apply for a license is revoked under this chapter is not entitled to apply for or receive any new license
until the expiration of one year from the date the license was
revoked.” (Emphasis added.)
Thus, unlike under
former
ORS 482.430 (1977), which was the statute at issue in
Foster,
the text of
former
ORS 482.430 (1981), combined with
former
ORS 482.500 (1981), provided a one-year
revocation period.
The preamble to the 1983 revision of the Oregon Vehicle Code stated that the legislature intended to leave the vehicle code in force at that time substantively unchanged. In recodifying the Oregon Vehicle Code, the legislature intended to leave intact the 1981 statute, rather than the 1977 statute interpreted by
Foster.
Therefore, because it interpreted the statute in force before the 1981 amendment, the Court of Appeals’ opinion in
Foster
has no particular weight in our interpretation of the current motor vehicle code.
Because we hold that the one-year revocation period contained in the orders revoking defendants’ driving privileges had elapsed, those orders are not relevant to whether defendants committed felony or infraction driving while revoked. The trial court correctly excluded the evidence as irrelevant.
The decision of the Court of Appeals is reversed. The orders of the circuit court are affirmed.