71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 851
House Bill 2137
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Exempts certain all-terrain vehicles from title and
registration requirements.
Allows transfer of Oregon Trail plate from vehicle to vehicle.
Allows dealer to issue temporary registration permit to buyer
who is to keep prior plates.
Removes requirement that certain vehicles get annual Department
of Environmental Quality certification.
Removes requirement that insurers report vehicle accidents
occurring on private property.
Exempts operators of snowmobiles and certain all-terrain
vehicles from reporting requirements.
Modifies procedures for exempting certain manufactured
structures from title and registration requirements.
A BILL FOR AN ACT
Relating to vehicles; amending ORS 803.030, 803.305, 803.530,
803.625, 805.060, 806.190, 811.720 and 820.510; and repealing
ORS 821.300.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 803.030 is amended to read:
803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
(1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
(3) Manufactured structures are subject to ORS 803.025 as
provided under ORS 820.500 and 820.530.
(4) Snowmobiles { + , + } { - and - } Class I all-terrain
vehicles { + and Class III all-terrain vehicles + } are not
subject to the requirements under ORS 803.025. The requirements
and procedures for titling snowmobiles are as provided under ORS
821.060 and 821.070.
(5) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
(6) Trolleys are exempt from the requirements for title.
(7) Bicycles are exempt from the requirements for title.
(8) United States Government owned and operated motor vehicles
and trailers are exempt from the requirements for title.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from the requirements for title.
(10) Fixed load vehicles are exempt from the requirements for
title while operated within the immediate construction project,
as described in the governmental agency contract, in the
construction or reconstruction of state or county roads, highways
or city streets.
(11) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements
for title while:
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the federal government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
(12) Farm trailers are exempt from requirements for title when
the operation or movement of the vehicle upon the highways is
incidental to its use in an agricultural operation.
(13) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
(14) Golf carts or similar vehicles are exempt from
requirements for title when:
(a) They have not less than three wheels in contact with the
ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than
15 miles per hour; and
(d) They are operated by disabled persons.
(15) The nonresident owners of vehicles currently registered
and titled in any other country, state or territory may operate
such vehicles over the highways of this state without complying
with the titling requirements under ORS 803.025. All of the
following apply to this subsection:
(a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicle dealers issued certificates under ORS 822.020 may
use and operate untitled vehicles as provided under ORS 822.040.
(17) Towing businesses issued certificates under ORS 822.205
may tow untitled vehicles as provided under ORS 822.210.
(18) Vehicle transporters issued certificates under ORS 822.310
may transport untitled vehicles as provided in ORS 822.310.
(19) Untitled vehicles may be operated under trip permits
described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
(20) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from the
requirements for title.
(21)(a) Vehicles that are registered under the proportional
registration provisions of ORS chapter 826 and are titled in a
jurisdiction other than Oregon are exempt from the requirements
for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
(22) Converter dollies and tow dollies are exempt from the
requirements for title.
SECTION 2. ORS 803.305 is amended to read:
803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
(1) Road rollers, farm tractors, trolleys and traction engines
are exempt from registration.
(2) Bicycles are exempt from registration.
(3) A vehicle is exempt from registration if it has
registration issued for the vehicle by the Armed Forces of the
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
(4) A vehicle is exempt from registration if it is not operated
on the highways of this state. No manufactured structure is
exempt by this subsection. This subsection does not affect any
exemption established under ORS 820.510.
(5) A trailer is exempt from registration if it is equipped
with pneumatic tires made of elastic material and is not operated
in this state with a loaded weight of more than 1,800 pounds. No
trailer for hire, travel trailer, camper or manufactured
structure is exempt by this subsection.
(6) Vehicles owned and operated by the United States Government
are exempt from registration.
(7) Snowmobiles are subject to the requirements for
registration provided under ORS 821.080 to 821.110.
(8) Manufactured structures are subject to ORS 803.300 as
provided under ORS 820.500, 820.510 and 820.530.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from registration.
(10) Farm tractors and farm trailers on highways are exempt
from registration when the operation of the vehicle upon the
highway is incidental to its use in an agricultural operation.
(11) Fixed load vehicles are exempt from registration while the
vehicles are operated:
(a) In the construction or reconstruction of state or county
roads, highways or city streets; and
(b) Within the immediate construction projects, as described in
the governmental agency contract under which the work is being
performed.
(12) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from registration
while being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute.
The exemption under this subsection applies to the vehicles or
equipment described while being moved to or from the work area.
The exemption under this subsection only applies to vehicles or
equipment owned, leased, contracted for or requisitioned by the
State Forester or State Board of Forestry, a contractor of the
State Forester or State Board of Forestry under ORS chapter 477
or the United States Government.
(13) Vehicles being used for the purposes of forest protection
and fire suppression are exempt if the vehicles are necessary in
order to comply with ORS 477.615 or 477.650 or a similar federal
statute. The exemption under this subsection also applies to the
vehicles described being moved to or from the work area.
(14) Golf cart exemptions from registration are as provided in
ORS 820.210.
(15) Vehicles currently registered and titled in any other
country, state or territory are not required to be registered by
this state. All of the following apply to this subsection:
(a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicles operated or used by vehicle dealers may be
operated or used without registration as provided under ORS
822.040.
(17) Vehicles towed by towing businesses may be towed without
registration as provided under ORS 822.210.
(18) Vehicles without registration may be transported by
vehicle transporters as provided under ORS 822.310.
(19) Vehicles that are not registered may be operated under
trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
(20) If trailers that are part of a fleet of trailers for hire
are properly registered in this state under an agreement entered
into pursuant to ORS 802.500, all trailers that are identified as
being a part of the same fleet and that are currently registered
in any state, territory, province, country or the District of
Columbia shall be permitted to operate in this state in both
interstate and intrastate commerce without being registered by
this state.
(21) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from registration.
(22) Tow dollies and converter dollies are exempt from
registration.
{ + (23) Class I and Class III all-terrain vehicles are
exempt from registration. + }
SECTION 3. ORS 803.530 is amended to read:
803.530. Registration plates assigned to a vehicle by the
Department of Transportation shall remain with the vehicle to
which the plates are assigned and are valid only during the
registration period for which the plates are issued except as
provided in the following:
(1) The department may allow registration plates to be
transferred to another vehicle upon receipt of an application
therefor together with payment of a plate transfer fee under ORS
803.575 in addition to { - the regular - } { + any
required + } registration fee. { + Except as provided in
subsection (4) of this section, + } the department shall refuse
to transfer registration plates under this subsection if the
department determines that the plates are not from a current
issue of registration plates, are not customized registration
plates described under ORS 805.240 or are so old, damaged,
mutilated or otherwise rendered illegible as to be not useful for
purposes of identification.
(2) The owner of a registered vehicle to which a plate is
assigned may replace a registration plate that is illegally
altered or that is lost, destroyed or mutilated in a manner that
renders illegible any identification on the plate. The following
apply to this subsection:
(a) To replace a plate under this subsection, the owner must
apply to the department for replacement of the damaged or lost
plate in a form prescribed by the department and pay the
replacement plate fee established under ORS 803.575.
(b) The application must state the facts of the damage,
destruction or loss of the plate.
(c) The department, in lieu of replacement, may issue duplicate
plates for the same fee as charged for replacements.
(d) The plates issued under this subsection are valid only for
the period of the plates replaced.
(3) This section does not apply to special interest
registration plates approved under ORS 805.210.
{ + (4) Notwithstanding subsection (1) of this section,
Oregon Trail plates may be transferred from vehicle to vehicle
after the department stops issuing the plates as long as the
plates are not so old, damaged, mutilated or otherwise rendered
illegible as to be not useful for purposes of identification. + }
SECTION 4. ORS 803.625 is amended to read:
803.625. (1) The holder of a current, valid vehicle dealer
certificate issued under ORS 822.020 may issue temporary permits
for the operation of vehicles or the transporting of a camper
pending the receipt of permanent registration { - plates - }
from the department.
(2) Forms for temporary permits issued under this section shall
be furnished and, subject to ORS 803.640, prescribed by the
department.
(3) The department shall specify, by rule, the procedures to be
followed by persons issuing and using temporary permits issued
under this section. Persons violating rules established by the
department under this subsection are subject to penalty under ORS
803.630 and 803.635.
SECTION 5. ORS 805.060 is amended to read:
805.060. (1) The Department of Transportation may issue
registration plates or other evidence of registration from any
regular series rather than from any specially designed government
series for a vehicle operated by a federal, state, county, city
or Indian tribal law enforcement, parole or probation agency in
discharging its undercover criminal investigation duties if
requested to do so by the agency. The registration period for a
vehicle described under this section shall be the same as the
regular registration period for the type of vehicle registered.
The fee for registration or renewal of registration of a vehicle
under this section shall be the fee established for registration
or renewal of police undercover vehicles under ORS 803.420.
(2) Any vehicle registered under this section and not exempt
from the requirements to comply with certificates of compliance
for pollution control equipment by ORS 815.300, must be certified
{ - annually - } as complying with the requirements for
pollution control equipment under ORS 815.310.
SECTION 6. ORS 806.190 is amended to read:
806.190. (1) Every insurance carrier or insurance agent that
issues property and casualty insurance policies, as defined in
ORS chapter 731, in this state shall report to the Department of
Transportation any person the carrier or agent has reason to
believe is involved in an accident while the person is operating
a vehicle in violation of ORS 806.010. The carrier or agent shall
make the report required by this section whether or not the
accident:
(a) Is a reportable accident under ORS 811.720; or
(b) Occurred on a highway or on any other { - public or
private property - } { + premises open to the public + }.
(2) No civil liability shall accrue to a carrier or agent or
any of its employees for reports made to the department under
this section when the reports are made in good faith.
SECTION 7. ORS 811.720 is amended to read:
811.720. (1) { + Except as provided in subsection (3) of this
section, + } any accident occurring on a highway or upon premises
open to the public resulting in injury or death to any person or
damage to the property of any person in excess of $1,000 is
subject to the reporting requirements under the following
sections:
(a) The reporting requirements for drivers under ORS 811.725.
(b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.735.
(c) The reporting requirements for owners of vehicles under ORS
811.730.
(2) The dollar amount specified in subsection (1) of this
section may be increased every five years by the Department of
Transportation based upon any increase in the { - Portland - }
{ + Portland-Salem + } Consumer Price Index for All Urban
Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor or its
successor during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest
{ - 100 dollars - } { + $100 + }.
{ + (3) Operators of snowmobiles, Class I all-terrain
vehicles or Class III all-terrain vehicles are exempt from the
reporting requirements of this section. + }
SECTION 8. ORS 820.510 is amended to read:
820.510. (1) The Department of Transportation shall establish
by rule procedures for the owner of a manufactured structure that
is located on land in which the owner of the manufactured
structure has record title to obtain an exemption from any
requirements to register and title the manufactured structure
under the vehicle code. Rules adopted by the department shall
include the following:
(a) Provisions for surrender of the { + manufacturer's
statement of origin, + } certificate of title, if issued, and
registration of any manufactured structure that is currently
registered and titled
{ - to the county assessor of the county where the manufactured
structure is located for delivery - } to the department.
(b) Provisions whereby the purchaser of a new manufactured
structure that is located on land owned by the purchaser may
obtain the exemption under this section without having to
register and title the manufactured structure under the vehicle
code.
(c) Provisions for registration and titling of a manufactured
structure that has been subject to an exemption under this
section so that the manufactured structure may be sold separately
from the land upon which it is located.
(d) Provisions for notification of the county assessor of the
county where a manufactured structure that is subject to an
exemption obtained under this section is located so that the
assessor may perform the assessor's duties relating to the
manufactured structure in a manner consistent with this section.
{ - (e) Provisions for notification of any holders of
security interests in manufactured structures for which an
exemption is obtained under this section so that the security
interest holders may protect the security interest. - }
{ - (f) Provisions for notification of any holders of a
mortgage on land upon which a manufactured structure is located
if the manufactured structure is registered with the department
after being subject to an exemption under this section. - }
{ - (g) - } { + (e) + } Any other procedures the department
determines necessary to carry out the purposes of this section.
(2) A { - new - } manufactured structure { - or a
manufactured structure that has never been titled or registered
in Oregon - } is exempt from requirements for registration and
titling if the owner or an attorney acting on behalf of the owner
executes and submits to the Department of Transportation a
notarized certification stating that:
(a) The same person owns the manufactured structure and the
real property on which the manufactured structure is or will be
situated;
(b) The manufactured structure is or will be affixed to the
real property and subject to taxation by the county in which it
is located as an improvement to the real property;
(c) Each person with a security interest in the manufactured
structure and each person with a security interest in the real
property approves the exemption from registration and titling;
and
(d) A duplicate original of the certification { - is being
submitted for recording to - } { + has been recorded by + } the
county clerk for the county in which the real property is
located.
(3) A certification required by subsection (2) of this section
shall contain the following information:
(a) The vehicle identification number, year, make and style of
the manufactured structure and any other information prescribed
by the department;
(b) The legal description and street address of the real
property on which the manufactured structure is or will be
located;
(c) The name, date of birth, mailing address and, if available,
Oregon driver license number of each owner; and
(d) The name and mailing address of each person with a security
interest in the manufactured structure or the real property.
(4) If an exemption is obtained for a manufactured structure
under this section, the following apply:
(a) Except as otherwise provided in this section or by the
rules of the department, the manufactured structure, upon
obtaining the exemption under this section, shall become subject
to the same provisions of law in this state that would apply to
any other building, housing or structure on the land.
(b) After obtaining the exemption, the manufactured structure
may not be sold separately from the land upon which the
manufactured structure is located and may not be moved unless
registered and titled under the vehicle code or unless otherwise
provided by rule of the department.
(c) Nothing in this section affects any lien or security
interest in a manufactured structure that is exempted under this
section if the security interest or lien attaches before the
exemption is obtained.
(5) This section does not grant authority to change or alter
construction standards applicable to manufactured structures. A
manufactured structure that is exempted as provided under this
section shall be subject to the same construction standards
applicable to other manufactured structures.
(6) Every official, officer and employee of this state or any
agency of this state shall cooperate with the department as
requested by the department to carry out the purposes of this
section and shall establish such rules or procedures as are
consistent with the authority of the official, officer or
employee for purposes of carrying out the intent of this section.
(7) Notwithstanding any other provision of law, the department
may take any reasonable amount of time the department determines
necessary to implement the procedures required by this section.
The department may implement the procedures in stages, may place
initial limits on the applicability of the procedures or may take
any other administrative steps the department considers
convenient for the department in order to provide an orderly and
consistent implementation of the procedures developed for
purposes of this section. As necessary, the department may delay
the implementation of procedures when the department determines
that certain procedures may require legislation in order to fully
carry out the purposes of this section.
(8) The { - person who records a certification - }
{ + owner or an attorney acting on behalf of the owner + } under
subsection (2) of this section shall mail or deliver a copy of
the certification and the recording information to the
appropriate county tax collector.
(9) The owner of a manufactured structure exempted under
subsection (2) of this section, or an attorney acting on behalf
of the owner, shall cause to be surrendered to the department the
manufacturer's statement of origin for the manufactured structure
or, if applicable, the certificate of title { - from another
jurisdiction - } for the manufactured structure.
SECTION 9. { + ORS 821.300 is repealed. + }
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