Section 806.245 - Termination of future responsibility filing requirement; reasons.

OR Rev Stat § 806.245 (2019) (N/A)
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(1) The person on whose behalf the filing was made dies.

(2) More than three years have passed from the date the filing was required.

(3) A person on whose behalf the filing was made requests termination and either:

(a) The person was required to file because of an error committed by the department; or

(b) The person was required to file because of an error committed by an insurance company in notifying the department regarding the correctness of proof of compliance with financial responsibility requirements provided under ORS 806.150.

(4) A person who was required to file under ORS 806.150 requests termination and the department determines either:

(a) That the person was in fact in compliance with financial responsibility requirements as of the date specified by the department by rule under ORS 806.150; or

(b) That the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date specified by the department by rule under ORS 806.150.

(5) A person who was required to file because of failure to prove under ORS 806.210 that the person was in compliance with financial responsibility requirements requests termination and the department determines either:

(a) That the person was in fact in compliance with financial responsibility requirements at the time of the accident; or

(b) That the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements at the time of the accident.

(6) A person’s hardship permit expires and the filing was required only for issuance of the hardship permit under ORS 807.240. [1987 c.258 §4; 2009 c.257 §7; 2019 c.312 §6]

Note: The amendments to 806.245 by section 6, chapter 312, Oregon Laws 2019, become operative July 1, 2020. See section 37, chapter 312, Oregon Laws 2019. The text that is operative until July 1, 2020, is set forth for the user’s convenience. A termination of the requirement to maintain a future responsibility filing does not remove a person’s responsibility to comply with financial responsibility requirements. The Department of Transportation shall terminate requirements for a future responsibility filing when any of the following occurs:

(1) The person on whose behalf the filing was made dies.

(2) More than three years have passed from the date the filing was required.

(3) A person on whose behalf the filing was made requests termination and either:

(a) The person was required to file because of an error committed by the department; or

(b) The person was required to file because of an error committed by an insurance company in notifying the department regarding the correctness of a certification under ORS 806.150.

(4) A person who was required to file because of failure to respond to a department demand under ORS 806.160 requests termination and the department determines either:

(a) That the person was in fact in compliance with financial responsibility requirements as of the date of the department’s letter of verification under ORS 806.150; or

(b) That the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements on the date of the department’s letter of verification.

(5) A person who was required to file because of failure to prove under ORS 806.210 that the person was in compliance with financial responsibility requirements requests termination and the department determines either:

(a) That the person was in fact in compliance with financial responsibility requirements at the time of the accident; or

(b) That the person reasonably and in good faith believed that the person was in compliance with financial responsibility requirements at the time of the accident.

(6) A person’s hardship permit expires and the filing was required only for issuance of the hardship permit under ORS 807.240.

Note: 806.160 was repealed by section 36, chapter 312, Oregon Laws 2019. The text of 806.245 that is operative until July 1, 2020, was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 806.245 for the repeal of 806.160 has not been made.