Relating to studded tires; creating new provisions; amending ORS 815.045, 815.165 and 818.200; repealing ORS 815.167; and prescribing an effective date.

 
 
 
     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 2766
 
                         House Bill 3060
 
Sponsored by Representative TOMEI (at the request of Oregon
  Department of Transportation Efficiency Committee)
 
 
                             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.
 
  Creates offense of unlawful sale of studded tires. Punishes
offense by maximum fine of $1,000 for first offense and maximum
fine of $2,000 for subsequent offenses.
  Prohibits use of studded tires after November 1, 2004.
  Takes effect November 1, 2002.
 
                        A BILL FOR AN ACT
Relating to studded tires; creating new provisions; amending ORS
  815.045, 815.165 and 818.200; repealing ORS 815.167; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) A person commits the offense of unlawful
sale of studded tires if the person sells new or used studded
tires in this state.
  (2) For the purposes of this section, 'studded tires' means
those tires described in ORS 815.165 (7) (1999 Edition).
  (3) The offense described in this section, unlawful sale of
studded tires, is punishable by a maximum fine of $1,000 for the
first offense, and a maximum fine of $2,000 for each subsequent
offense. + }
  SECTION 3. ORS 815.165 is amended to read:
  815.165.   { - This section establishes exemptions from ORS
815.160. The exemptions under this section are in addition to any
under ORS 801.026. Exemptions are partial or complete as
described in the following - }  { +  The following vehicles and
operations are exempt from the prohibitions of ORS 815.160 + }:
  (1) Any vehicle on any way, thoroughfare or place owned by a
district formed under ORS chapters 545, 547, 551 or a corporation
formed under ORS chapter 554.
  (2) Any vehicle on any road or thoroughfare or property in
private ownership or any road or thoroughfare, other than a state
highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or
both.
  (3) Operations approved under a variance permit issued under
ORS 818.200 are subject to the terms of the permit. It shall be a
defense to any charge of violation of ORS 815.160 if the person
so charged produces a variance permit issued under ORS 818.200
authorizing the operation issued prior to and valid at the time
of the offense.
  (4) Vehicles actually engaged at the time in construction or
repair of highways in this state.
  (5) Traction engines moved upon dirt or unimproved roads.
  (6) Vehicles equipped with chains as defined in ORS 815.045.
    { - (7) Between November 1 of any year and April 1 of the
following year, vehicles equipped with any tire having on its
periphery studs of metal or other material extending beyond the
tread surface of the tire not less than four-hundredths (.04)
inch nor more than six-hundredths (.06) inch and made of such
material that the studs will wear, through use, at the same rate
as the tread surface of the tire. When the preservation of the
highway surface or the safety of the traveling public so
indicates, the Department of Transportation shall have the
authority to shorten or lengthen the period for the permissible
use of such tires in any area of the state specifically
designated by the department. - }
    { - (8) - }  { +  (7) + } School buses with a loaded weight
of 10,000 pounds or more.
    { - (9) - }  { +  (8) + } Emergency vehicles and ambulances
used in an emergency situation.
    { - (10) - }  { +  (9) + } The owner or lessee of any land
adjoining any highway may move across or along the highway any
tractor or implement of husbandry for the purpose of planting,
cultivating, caring for or harvesting any crop, on condition that
the owner or lessee shall be liable to the State of Oregon for
the benefit of the State Highway Fund with respect to state
highways, or to the proper county for the benefit of the county
road fund with respect to county highways, for any damage or
injury done to the highway by the movement.
   { +  (10) A motor vehicle registered in a jurisdiction other
than Oregon and operated on highways in Oregon between November 1
of any year and April 1 of the following year. The Department of
Transportation may shorten or lengthen this period in any area of
the state if preservation of the highways requires it. + }
  SECTION 4. ORS 815.045 is amended to read:
  815.045. (1) The Oregon Transportation Commission shall adopt
rules necessary to carry out ORS 815.140. The rules adopted by
the commission:
  (a) Shall establish the various types of conditions under which
vehicle traction tires or chains must be used.
  (b) Shall define types of vehicle traction tires or chains that
may be used under various road conditions. The commission rules
under this paragraph shall comply with the following:
  (A) Traction tire shall be defined to include any tire that
meets traction standards established by the Department of
Transportation.
    { - (B) Tires with studs that are permitted under ORS 815.165
shall be allowed as traction tires under the rules. - }
    { - (C) - }  { +  (B) + } The department may require that
traction tires
  { - without studs - }  bear identifying marks, defined by the
department, that indicate that the tire was manufactured
specifically for adverse weather conditions.
    { - (D) - }  { +  (C) + } Chains shall be defined to include
link chains, cable chains or any other device that attaches to
the wheel, vehicle or outside of the tire and that augments the
traction of a vehicle.
  (c) Shall establish signs to be posted under conditions that
require vehicle traction tires or chains.
  (d) May establish types or classes of vehicles that are exempt
from requirements to use vehicle traction tires or chains under
certain conditions if the commission determines that the
operation of the class or type of vehicle would be safe under
those conditions.
  (2) A road authority shall:
  (a) Determine when conditions on a segment of highway require
the use of vehicle traction tires or chains as defined by the
commission;
  (b) Determine which segments of a highway shall be posted as
described under this section to require vehicle traction tires or
chains; and
  (c) Provide for the placement and removal of signs requiring
the use of vehicle traction tires or chains.
  SECTION 5. ORS 818.200 is amended to read:
  818.200. (1) A road authority, or a private contractor
authorized by a road authority to do so, may issue a variance
permit if it determines the public interests will be served. A
variance permit issued under this section may allow any vehicle,
combination of vehicles, load article, property, machine or thing
to move over any highway or street under the jurisdiction of the
road authority without violation of any of the following:
  (a) Maximum weight limits under ORS 818.020.
  (b) Posted weight limits under ORS 818.040.
  (c) Administratively imposed weight or size limits under ORS
818.060.
  (d) Maximum size limits under ORS 818.090.
  (e) Maximum number of vehicles in combination under ORS
818.110.
  (f) Posted limits on use of road under ORS 818.130.
  (g) Towing safety requirements under ORS 818.160.
  (h) Use of devices without wheels under ORS 815.155.
  (i) Use of metal objects on tires under ORS 815.160 { + ,
except that the use of studded tires as defined in section 2 of
this 2001 Act may not be allowed under a variance permit + }.
  (j) Operation without pneumatic tires under ORS 815.170.
  (2) The fee for issuance of a variance permit under this
section is the fee established under ORS 818.270. No fee shall be
charged for issuance of a permit to the federal government,
agencies of the State of Oregon, cities or counties.
  (3) A permit issued under this section is subject to all of the
provisions under ORS 818.220 and to any limits under ORS 818.210.
  (4) Prohibitions and penalties relating to the use of the
permit are provided under ORS 818.340 and 818.350.
  (5) Violation of the conditions of the permit is subject to
civil penalties as provided under ORS 818.410.
  SECTION 6.  { + ORS 815.167 is repealed. + }
  SECTION 7.  { + The amendments to ORS 815.045, 815.165 and
818.200 by sections 3, 4 and 5 of this 2001 Act become operative
on November 1, 2004. + }
  SECTION 8.  { + This 2001 Act takes effect on November 1,
2002. + }
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