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 2599
House Bill 3385
Sponsored by Representative KRUMMEL (at the request of Mike
Stewart (Mike Tryke, Inc.))
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.
Permits all-terrain vehicles to be operated on highways of
state if equipped with certain equipment approved by Department
of Transportation. Requires all-terrain vehicles operated on
highways of state to fulfill financial responsibility
requirements.
A BILL FOR AN ACT
Relating to all-terrain vehicles; creating new provisions; and
amending ORS 806.020 and 821.200.
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 Class I all-terrain vehicle may be
operated on the highways of this state if the vehicle is equipped
with the following equipment, approved by the Department of
Transportation under ORS chapters 815 and 816 and regulations
adopted thereunder:
(a) Headlight or headlights;
(b) Turn signals;
(c) Taillight or taillights;
(d) Registration plate lights;
(e) Rearview mirror;
(f) Tires;
(g) Fenders;
(h) Speedometer;
(i) Horn; and
(j) Parking brake.
(2) A Class II all-terrain vehicle not otherwise authorized to
be operated on the highways of this state may be operated on the
highways of this state if it meets the equipment requirements
listed in subsection (1) of this section and it is equipped with
a safety belt or safety harness for each passenger on the
vehicle.
(3) A Class III all-terrain vehicle may be operated on the
highways of this state subject to the operation requirements for
a motorcycle under the Oregon Vehicle Code.
(4) All-terrain vehicles modified to be operated on the
highways of this state under this section may not be resold
commercially by a dealer issued a vehicle dealer certificate
under ORS 822.020.
(5) Subsections (1) to (3) of this section do not apply to
all-terrain vehicles banned from import into the United
States. + }
SECTION 3. ORS 806.020 is amended to read:
806.020. This section provides exemptions from the necessity
for compliance with or proof of compliance with financial
responsibility requirements in accident reports under ORS
811.725, when applying for vehicle registration under ORS 803.370
or 803.460 and for operating a vehicle under ORS 806.010. The
owner or operator of a vehicle is exempt, as provided by this
section, from financial responsibility requirements if the
vehicle involved in the accident, sought to be registered or
operated is any of the following:
(1) An antique motor vehicle issued permanent registration
under ORS 805.010.
(2) A farm trailer.
(3) A farm tractor.
(4) An implement of husbandry.
(5) A motor vehicle of special interest that is maintained as a
collector's item and used for exhibitions, parades, club
activities and similar uses, but not used primarily for the
transportation of persons or property.
(6) A snowmobile, Class I or Class III all-terrain
vehicle { + , unless the Class I or Class III all-terrain vehicle
is operated on the highways of this state under section 2 of this
2001 Act + }.
(7) Any motor vehicle when the owner of the vehicle has
submitted to the Department of Transportation a statement, in
such form as may be required by the department, declaring that
the vehicle is continuously not being operated on the highways of
this state and explaining the reasons therefor. A person who
falsely certifies under this subsection is subject to penalty
under ORS 806.030.
SECTION 4. ORS 821.200 is amended to read:
821.200. This section establishes exemptions from the
limitations placed on the use of snowmobiles and all-terrain
vehicles under ORS 821.190. The prohibitions and penalties under
ORS 821.190 do not apply when a snowmobile or all-terrain vehicle
that qualifies for the exemption from equipment requirements
under ORS 821.010 is being operated as described under any of the
following:
(1) A person may lawfully cross a highway or railroad right of
way while operating a snowmobile or all-terrain vehicle if the
person complies with all of the following:
(a) The crossing must be made at an angle of approximately 90
degrees to the direction of the highway or railroad right of way.
(b) The crossing must be made at a place where no obstruction
prevents a quick and safe crossing.
(c) The vehicle must be brought to a complete stop before
entering the highway or railroad right of way.
(d) The operator of the vehicle must yield the right of way to
vehicles using the highway or equipment using the railroad
tracks.
(e) The crossing of a railroad right of way must be made at an
established public railroad crossing.
(f) The crossing of a highway must be made at a place that is
more than 100 feet from any highway intersection.
(g) If the operator of a snowmobile is under 12 years of age, a
person who is 18 years of age or older must accompany the
operator either as a passenger or as the operator of another
snowmobile that is in proximity to the younger operator.
(h) If the operator of a Class I all-terrain vehicle is under
12 years of age, a person who is 18 years of age or older must
accompany the operator either as a passenger, if the vehicle is
designed to carry passengers, or on a separate Class I
all-terrain vehicle.
(2) A snowmobile or all-terrain vehicle may be lawfully
operated upon a highway under any of the following circumstances:
(a) Where the highway is completely covered with snow or ice
and has been closed to motor vehicle traffic during winter
months.
(b) For purposes of loading or unloading when such operation is
performed with safety and without causing a hazard to vehicular
traffic approaching from either direction on the highway.
(c) Where the highway is posted to permit snowmobiles or
all-terrain vehicles.
(d) In an emergency during the period of time when and at
locations where snow upon the highway renders travel by
automobile impractical.
(e) When traveling along a designated snowmobile or all-terrain
vehicle trail.
(3) It shall be lawful to operate a snowmobile or all-terrain
vehicle upon a railroad right of way under any of the following
circumstances:
(a) Where the right of way is posted to permit the operation.
(b) In an emergency.
(c) When the snowmobile or all-terrain vehicle is operated by
an officer or employee or authorized contractor or agent of a
railroad.
{ + (4) An all-terrain vehicle may be lawfully operated upon
a highway of this state under section 2 of this 2001 Act. + }
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