(a) The operator has violated an out-of-service order issued under ORS 813.050 or any other out-of-service order or notice issued by the department or an authorized representative of the department; or
(b) The department receives notification that a person has violated any out-of-service order or notice issued by a state or federal agency.
(2) For the purposes of this section, "notification" may include, but is not limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to determine that the operator has violated an out-of-service order or notice.
(3) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745 and may not be reduced. The civil penalties are:
(a) $2,500 for the first violation of an out-of-service order or notice.
(b) $5,000 for a second or subsequent violation of an out-of-service order or notice. [2009 c.395 §14]
Note: The amendments to 813.055 by section 116, chapter 630, Oregon Laws 2021, become operative January 1, 2023, and apply to conduct leading to driving privilege sanctions imposed on or after January 1, 2023. See sections 124 and 169, chapter 630, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
(1) The Department of Transportation shall impose a civil penalty on the operator of a commercial motor vehicle if:
(a) The operator has violated an out-of-service order issued under ORS 813.050 or any other out-of-service order or notice issued by the department or an authorized representative of the department; or
(b) The department receives notification that a person has violated any out-of-service order or notice issued by a state or federal agency.
(2) For the purposes of this section, "notification" may include, but is not limited to, a record of conviction or a record of a determination by a state or federal agency with jurisdiction to determine that the operator has violated an out-of-service order or notice.
(3) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. The civil penalties imposed may not be reduced.
(4) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.
Note: 813.055 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.