§ 1.2 Driver License Issues

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 1.2 DRIVER LICENSE ISSUES

§ 1.2-1 General Requirements

All drivers, foreign and domestic, must have a valid driver license to operate a vehicle in the state of Oregon. See ORS 807.010(1). A "valid" driver license can be a license issued by the state of Oregon, by another state of the United States, or by the foreign government of certain countries. See ORS 807.020(1). The authority to regulate the use of motor vehicles in the state of Oregon is an executive function, and is regulated by the Oregon Driver & Motor Vehicle Services Division (DMV) of the Oregon Department of Transportation. Foreign nationals who are not just visiting the state, but who actually reside in Oregon, may apply for an Oregon driver license (ODL), subject to certain restrictions discussed in § 1.2-3(a) to § 1.2-3(b).

While the issuance and regulation of driver licenses is a matter within the realm of state sovereignty, all states must adhere to paramount international and federal legal regimes. Under the 1949 United Nations Convention on Road Traffic, adopted and ratified by the United States, any foreign national who is from a country that is a party to the treaty can drive in the United States for one year from the date of admission to the United States if the driver is using a valid driver license from his or her country. Convention on Road Traffic, art 1(2), 24(1), Sept 19, 1949, 3 UST 3008. Additionally, the Convention authorizes parties to the treaty to issue an International Driving Permit (IDP). The IDP can be issued in English by the driver's native country and is presented in conjunction with the foreign driver license. See Convention on Road Traffic, art 24(2). The permit contains the biographic data stated on the foreign national's driver license and is particularly helpful if the license is in a language other than English. The DMV suggests that foreign drivers carry an IDP while driving, though it is not mandatory. See Memorandum from Lauren Regan, Civil Liberties Defense Center Staff Attorney, "Immigrants and Oregon Driving Laws" (Aug 10, 2011), < https://cldc.org/wp-content/uploads/2014/05/CLDC-Immigrants-Traffic-Laws-1.pdf >. Additionally, some insurance companies may require an IDP if the foreign driver intends to purchase insurance.

§ 1.2-2 The Law Governing Foreign Nationals' and Noncitizens' Eligibility for Driver Licenses in Oregon

The legal regime governing the issuance of driver licenses in Oregon, specifically the issuance of driver licenses to foreign nationals, has undergone significant changes throughout the previous two decades. Against the backdrop of a discernible uptick in anti-immigration fervor in the...