Oregon Interlock Device Law

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Oregon interlock device laws:

813.600 Ignition interlock program; establishment; rules.
(1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a program for the use of ignition interlock devices by persons convicted of driving under the influence of intoxicants and granted hardship permits under ORS
807.240.

(2) The department shall adopt rules that specify requirements for ignition interlock devices that may be used and shall publish a list
of devices that meet the requirements. The list may include devices that:
(a) Do not impede the safe operation of the vehicle;
(b) Have the fewest opportunities to be bypassed;
(c) Correlate well with established measures of alcohol impairment;
(d) Work accurately and reliably in an unsupervised environment;
(e) Require a deep lung breath sample or other accurate measure of blood alcohol content equivalence;
(f) Resist tampering and give evidence if tampering is attempted;
(g) Are difficult to circumvent, and require premeditation to do so;
(h) Minimize inconvenience to a sober user;
(i) Operate reliably over the range of automobile environments or automobile manufacturing standards;
(j) Are manufactured by a party who is adequately insured for product liability; and
(k) Have a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the
device is subject to civil penalty.

[1987 c.746 §1; 1991 c.453 §14; 1993 c.382 §2]

813.602 Circumstances under which ignition interlock device required; costs; failure to install; exemptions.
(1) When a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal
ordinance, the Department of Transportation, in addition to any other requirement, shall require that an approved ignition interlock device be installed and used in any vehicle operated by the person:
(a) Before the person is eligible for a hardship permit. The requirement shall become a condition of the hardship permit for the
duration of the hardship permit.
(b) As a condition of full reinstatement of the person’s driving privileges after the ending date of the suspension resulting from the
conviction. The department shall only require a device under this paragraph for the first six months after the ending date of the
suspension caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic infraction.
(2) If the court determines that approved ignition interlock devices are reasonably available, the court may require as a condition
of a driving while under the influence of intoxicants diversion agreement that an approved ignition interlock device be installed in
any vehicle operated by the person. Courts shall not exercise authority under this subsection during any period the courts have notice from the Office of Economic Analysis of the Oregon Department of Administrative Services that there are not sufficient moneys in the
Intoxicated Driver Program Fund to pay the costs under subsection
(4) of this section. The Office of Economic Analysis of the Oregon Department of Administrative Services shall not issue any notice
under this subsection if federal funds are available to pay the cost of the interlock devices for indigents and costs of analysis of the use of interlock devices.
(3) Except as provided in subsection (4) of this section, if an ignition interlock system is ordered or required under subsection (1) or (2) of this section, the person so ordered or required shall pay to the provider the reasonable costs of leasing, installing and maintaining the device. A payment schedule may be established for the person by the department.
(4) The department may waive, in whole or in part, or defer the defendant’s responsibility to pay all or part of the costs under
subsection (3) of this section if the defendant meets the criteria for indigence established for waiving or deferring such costs under
subsection (5) of this section. If the defendant’s responsibility for costs is waived, then notwithstanding ORS 813.270, the costs described in subsection (3) of this section shall be paid from the Intoxicated Driver Program Fund.
(5) The department, by rule, shall establish criteria and procedures it will use for qualification to waive or defer costs described
under subsection (3) of this section for indigence. The criteria shall be consistent with the standards for indigence adopted by the Federal Government for purposes of the food stamp program.
(6) The department shall suspend the driving privileges or right to apply for driving privileges of a person who fails to install or use an ignition interlock device when required under subsection (1)(b) of this section, or who tampers with an ignition interlock device after it has been installed. The suspension shall continue until six months after the ending date of the suspension resulting from the conviction. A person whose driving privileges or right to apply for privileges is suspended under this subsection is entitled to administrative review,
as described in ORS 809.440, of the action.
(7) The department shall adopt rules permitting medical exemptions from the requirements of installation and use of an ignition
interlock device under subsection (1) of this section.[1987 c.746 §2; 1989 c.576 §1; 1991 c.453 §15; 1993 c.382 §3; 1993
c.627 §6] 813.604 Notice of court order; notation on hardship permit.
(1) When a court orders installation of an ignition interlock device pursuant to ORS 813.602, the court shall send a copy of the
order to the Department of Transportation. The department shall note the requirement on the driving record of the person required to install the device.
(2) The department may not issue a hardship permit under ORS 807.240 to any person who is ordered to install an ignition interlock device on the person’s vehicle until the person furnishes the department satisfactory proof that the device has been installed on
any vehicle owned or operated by the person. The department shall determine by rule what constitutes satisfactory proof under this
subsection.
(3) When the department issues a hardship permit to a person who is required to have an ignition interlock device, the department shall note on the permit that the device is required. The notation constitutes a limitation on the permit and a person who violates the limitation is punishable as provided in ORS 811.182 for driving in violation of a hardship permit.

[1987 c.746 §3; 1989 c.398 §2]

813.606 Exception for employee otherwise required to have device.Notwithstanding ORS 813.604, if a person is required, in the course and scope of the person’s employment, to operate a motor vehicle owned by the person’s employer, the person may operate that
vehicle without installation of an ignition interlock device if:
(1) The employer has been notified that the employee is operating with a hardship permit restricted as provided in ORS
813.604; and
(2) The employee has proof of the notification in the possession of the employee while operating the employer’s vehicle in the course of employment.

[1987 c.746 §4]

813.608 Knowingly furnishing motor vehicle without ignition interlock device; penalty.
(1) A person commits the offense of knowingly furnishing a motor vehicle without an ignition interlock device to someone who is
not authorized to drive such a vehicle if the person rents, leases, lends or otherwise furnishes a motor vehicle to someone the person knows to have been ordered or required under ORS 813.602, to install an ignition interlock device, and the motor vehicle is not equipped with such a device that is in working order.
(2) The offense described in this section, knowingly furnishing a motor vehicle without an ignition interlock device to someone who is not authorized to drive such a vehicle, is a Class A traffic infraction.

[1987 c.746 §5; 1989 c.576 §2]

813.610 Soliciting another to blow into ignition interlock device; penalty.
(1) A person commits the offense of unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle
equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and
the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device.
(2) The offense described in this section, unlawfully soliciting another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device, is a Class A traffic infraction.

[1987 c.746 §6; 1989 c.576 §3]

813.612 Unlawfully blowing into ignition interlock device; penalty.
(1) A person commits the offense of unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device if, for the purpose of providing an operable motor vehicle for someone required under ORS 813.602 to have such a device, the person blows into an ignition interlock device or starts an automobile equipped with the device.
(2) This section does not apply to a person who is required to have an ignition interlock device and who blows into or starts the
person’s own vehicle that is so equipped.
(3) The offense described in this section, unlawfully blowing into an ignition interlock device or starting a motor vehicle equipped with an ignition interlock device, is a Class A traffic infraction.

[1987 c.746 §7]

813.614 Tampering with ignition interlock device; penalty.
(1) A person commits the offense of tampering with an ignition interlock device if the person does anything to a device that was
ordered installed pursuant to ORS 813.602 that circumvents the operation of the device.
(2) The offense described in this section, tampering with an ignition interlock device, is a Class A traffic infraction.

[1987 c.746 §9]

813.616 Use of certain moneys to pay for ignition interlock program.
Notwithstanding ORS 813.270, moneys in the Intoxicated Driver Program Fund may be used to pay for administration and evaluation of the ignition interlock program established by ORS 813.600 to 813.616 and for the costs of participation in the program for indigents.

[1987 c.746 §8; 1993 c.382 §4]

VEHICLE IMMOBILIZATION DEVICES

Note: Sections 5 to 12, chapter 761, Oregon Laws 1993, provide:

Sec. 5. As used in sections 6 to 9 of this Act, unless the context requires otherwise, “vehicle immobilization device”
or “device” means a steering wheel locking device that is temporarily attached to the steering wheel of a motor vehicle for the purpose of immobilizing the vehicle. [1993 c.761 §5]
Sec. 6. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a pilot program for applying a vehicle immobilization device to the motor vehicle of a person whose driving privileges are suspended under ORS
813.410 for refusing to take or failing the chemical test of the person’s breath. The department shall select an appropriate number of jurisdictions for participation in the pilot program.
(2) The department shall adopt rules that specify requirements for the vehicle immobilization device. The requirements must include, but need not be limited to, requirements that the device:
(a) Be tamper-resistant;
(b) Operate reliably over the range of automobile environments or automobile manufacturing standards;
(c) Be manufactured by a company that is adequately insured for product liability; and
(d) Have a label affixed in a prominent location warning that any person tampering with, circumventing or otherwise misusing the device is subject to civil penalty.
[1993 c.761 §6]
Sec. 7. (1) When a person’s driving privileges are suspended under ORS 813.410 for refusing to take or failing the breath test, the Department of Transportation shall notify the arresting agency of a suspension when the arresting agency is in a county designated by the department to participate in the vehicle immobilization device pilot program.
(2) When the arresting agency determines that a person meets the criteria described in subsection (3) of this
section, the arresting agency shall attach an approved immobilization device to the person’s vehicle in accordance with the provisions of this Act. The duration of the immobilization period shall be 90 days or until the person is granted a hardship permit, whichever comes
first. The agency shall notify the person, in writing, of the duration of the immobilization, and penalties for failure to comply and of the process for removal of the device and payment of fees at the end of the 90 days or upon granting of a hardship permit, whichever comes first.
(3)(a) Except as provided in paragraph (b) of this subsection, subsection (2) of this section applies only to persons arrested and residing in a jurisdiction chosen by the department to participate in the vehicle immobilization device pilot program.
(b) This section does not apply to a person whose vehicle was stolen and driven by another person under the
influence of intoxicants, or to persons who are joint registered owners in a single vehicle family.
(4) If a vehicle immobilization device is required under this section, the person required to have the device shall pay
to the arresting agency the actual costs of installing, monitoring and removing the device up to a maximum of $100.
(5) The department shall suspend the driving privileges or right to apply for driving privileges of a person who fails to allow the installation of a vehicle immobilization device when required under this section. The suspension shall continue until six months after the ending date of the suspension under ORS 813.410.
(6) Any vehicle ordered immobilized under this section shall be immobilized at the residence of the owner of the vehicle or at the location where the owner regularly parks the vehicle. [1993 c.761 §7]
Sec. 8. (1) A person commits the offense of knowingly furnishing a motor vehicle to an unauthorized person if the person rents, leases, lends or otherwise furnishes a motor vehicle to another person, if the person knows that the other person has been ordered or required under section 7 of this Act to have a vehicle immobilization device installed on the other person’s vehicle.
(2) The offense described in this section, knowingly furnishing a motor vehicle to an unauthorized person, is a Class A traffic infraction. [1993 c.761 §8]
Sec. 9. (1) A person commits the offense of tampering with a vehicle immobilization device if the person does anything to a device that was ordered installed pursuant to section 7 of this Act that circumvents the operation of the device.
(2) The offense described in this section, tampering with a vehicle immobilization device, is a Class A traffic infraction. [1993 c.761 §9]
Sec. 10. The Department of Transportation shall evaluate the pilot program authorized by section 6 of this Act and shall report the results of the evaluation to the Sixty-ninth Legislative Assembly. [1993 c.761 §10]
Sec. 11. Requirements to install a vehicle immobilization device under section 7 of this Act apply to persons who refuse or fail the test required by ORS 813.100 on or after the effective date of this Act [November 4, 1993]. [1993

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