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 1535
B-Engrossed
Senate Bill 173
Ordered by the House May 30
Including Senate Amendments dated March 27 and House Amendments
dated May 30
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senator Gary George)
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.
Defines motor assisted scooter. Prohibits use of motor assisted
scooter at speed greater than 15 miles per hour or by person
under 16 years of age. Punishes violation by maximum fine of $75.
Creates other restrictions and imposes other requirements on
manner and location of use of motor assisted scooter. Punishes
violations by maximum fines ranging from $25 to $75. Exempts
motor assisted scooters from vehicle registration requirements.
Permits person who is 16 years of age or older to operate motor
assisted scooter without license or permit. Exempts motor
assisted scooters from financial responsibility
requirements. { + Requires all gasoline-powered motor assisted
scooters sold in state after January 1, 2008, to be equipped with
four-stroke engines. + }
A BILL FOR AN ACT
Relating to motorized scooters; creating new provisions; and
amending ORS 801.345, 803.305, 806.020, 807.020, 811.050 and
811.440.
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 ORS chapter 801. + }
SECTION 2. { + ' Motor assisted scooter' means a vehicle
that:
(1) Is designed to be operated on the ground with not more than
three wheels;
(2) Has handlebars and a foot support or seat for the
operator's use;
(3) Can be propelled by motor or human propulsion; and
(4) Is equipped with a power source that is incapable of
propelling the vehicle at a speed of greater than 24 miles per
hour on level ground and:
(a) If the power source is a combustion engine, has a piston or
rotor displacement of 35 cubic centimeters or less regardless of
the number of chambers in the power source; or
(b) If the power source is electric, has a power output of not
more than 1,000 watts. + }
SECTION 3. { + Sections 4 to 17 of this 2001 Act are added to
and made a part of ORS chapter 814. + }
SECTION 4. { + An operator of a motor assisted scooter upon a
public way is subject to the provisions applicable to, and has
the same rights and duties as the operator of, any other vehicle
operating on highways except:
(1) Those provisions that by their very nature can have no
application.
(2) When otherwise specifically provided under the vehicle
code. + }
SECTION 5. { + (1) A person operating a motor assisted scooter
commits the offense of unlawful operation of a motor assisted
scooter if:
(a) The person is under 16 years of age; or
(b) The person operates a motor assisted scooter at a rate of
speed exceeding 15 miles per hour.
(2) The offense described in this section, unlawful operation
of a motor assisted scooter, is a Class D traffic violation. + }
SECTION 6. { + (1) Except as provided in subsection (2) of
this section, a person commits the offense of failure of a motor
assisted scooter operator to use a bicycle lane or bicycle path
if the person operates a motor assisted scooter on any portion of
a roadway that is not a bicycle lane or bicycle path when a
bicycle lane or bicycle path is adjacent to or near the roadway.
(2) A person is not subject to this section if the operation of
a motor assisted scooter on a bicycle lane or bicycle path is
prohibited by local ordinance.
(3) The offense described in this section, failure of a motor
assisted scooter operator to use a bicycle lane or bicycle path,
is a Class D traffic violation. + }
SECTION 7. { + The State Parks and Recreation Department may
restrict or prohibit the operation of a motor assisted scooter on
a bicycle lane or bicycle path in a state park except that the
department may not restrict or prohibit the operation of a motor
assisted scooter on a bicycle lane or bicycle path in a state
park if the operator of the motor assisted scooter is
disabled. + }
SECTION 8. { + (1) A person commits the offense of improper
operation of a motor assisted scooter on a highway if the person
is operating a motor assisted scooter on a highway with a
designated speed limit greater than 25 miles per hour.
(2) This section does not apply if the person is operating a
motor assisted scooter on a highway with a designated speed limit
greater than 25 miles per hour and the person is operating the
motor assisted scooter on a bicycle lane.
(3) The offense described in this section, improper operation
of a motor assisted scooter on a highway, is a Class D traffic
violation. + }
SECTION 9. { + (1) A person commits the offense of improper
operation of a motor assisted scooter in a lane if the person is
operating a motor assisted scooter on a roadway at less than the
normal speed of traffic using the roadway at that time and place
under the existing conditions and the person does not ride as
close as practicable to the right curb or edge of the roadway.
(2) A person is not in violation of this section if the person
is not operating a motor assisted scooter as close as practicable
to the right curb or edge of the roadway under any of the
following circumstances:
(a) When overtaking and passing another motor assisted scooter
or vehicle that is proceeding in the same direction.
(b) When preparing to execute a left turn.
(c) When reasonably necessary to avoid hazardous conditions
including, but not limited to, fixed or moving objects, parked or
moving vehicles, pedestrians, animals, surface hazards or other
conditions that make continued operation along the right curb or
edge unsafe or to avoid unsafe operation in a lane on the roadway
that is too narrow for a motor assisted scooter and vehicle to
travel safely side by side. Nothing in this paragraph excuses the
operator of a motor assisted scooter from the requirements under
ORS 811.425 or from the penalties for failure to comply with
those requirements.
(d) When operating within a city as near as practicable to the
left curb or edge of a roadway that is designated to allow
traffic to move in only one direction along the roadway. A motor
assisted scooter that is operated under this paragraph is subject
to the same requirements and exceptions when operating along the
left curb or edge as are applicable when a motor assisted scooter
is operating along the right curb or edge of the roadway.
(e) When operating a motor assisted scooter alongside not more
than one other motor assisted scooter as long as the motor
assisted scooters are both being operated within a single lane
and in a manner that does not impede the normal and reasonable
movement of traffic.
(f) When operating on a bicycle lane or bicycle path.
(3) The offense described in this section, improper operation
of a motor assisted scooter in a lane, is a Class D traffic
violation. + }
SECTION 10. { + (1) A person commits the offense of failure to
signal for a motor assisted scooter maneuver if the person is
operating a motor assisted scooter and:
(a) Stops the motor assisted scooter without giving the
appropriate hand and arm signal continuously for at least 100
feet before executing the stop.
(b) Executes a turn or lane change on the motor assisted
scooter without giving the appropriate hand and arm signal for
the turn at least 100 feet before executing the turn.
(c) Executes a turn on the motor assisted scooter after having
been stopped without giving, while stopped, the appropriate hand
and arm signal for the turn.
(2) A person is not in violation of this section if the person
is operating a motor assisted scooter and does not give the
appropriate hand and arm signal continuously for a stop, turn or
lane change because circumstances require that both hands be used
to safely control or operate the motor assisted scooter.
(3) The appropriate hand and arm signals for indicating stops,
turns and lane changes under this section are those provided for
other vehicles under ORS 811.395 and 811.400.
(4) The offense described in this section, failure to signal
for a motor assisted scooter maneuver, is a Class D traffic
violation. + }
SECTION 11. { + (1) A person commits the offense of unsafe
operation of a motor assisted scooter on a sidewalk if the person
operates a motor assisted scooter on a sidewalk, except to enter
or leave adjacent property, or the person operates a motor
assisted scooter on a sidewalk to enter or leave adjacent
property and the person:
(a) Operates the motor assisted scooter so as to suddenly leave
a curb or other place of safety and move into the path of a
vehicle that is so close as to constitute an immediate hazard.
(b) Does not give an audible warning before overtaking and
passing a pedestrian or does not yield the right of way to all
pedestrians on the sidewalk.
(c) Operates the motor assisted scooter in a careless manner
that endangers or would be likely to endanger any person or
property.
(d) Operates the motor assisted scooter at a speed greater than
an ordinary walk when approaching a crosswalk, approaching or
entering a driveway or crossing a curb cut or pedestrian ramp and
a motor vehicle is approaching the crosswalk, driveway, curb cut
or pedestrian ramp.
(2) The offense described in this section, unsafe operation of
a motor assisted scooter on a sidewalk, is a Class D traffic
violation. + }
SECTION 12. { + (1) A person commits the offense of unsafe
operation of a motor assisted scooter on a bicycle path or
bicycle lane if the person operates a motor assisted scooter on a
bicycle path or bicycle lane and does not give an audible warning
before overtaking and passing a pedestrian or does not yield the
right of way to all pedestrians on the bicycle path or bicycle
lane.
(2) The offense described in this section, unsafe operation of
a motor assisted scooter on a bicycle path or bicycle lane, is a
Class D traffic violation. + }
SECTION 13. { + (1) A person commits the offense of operation
of a motor assisted scooter in a crosswalk if the person fails to
walk the motor assisted scooter in a crosswalk.
(2) This section does not apply to a disabled person operating
a motor assisted scooter in a crosswalk.
(3) The offense described in this section, operation of a motor
assisted scooter in a crosswalk, is a Class D traffic
violation. + }
SECTION 14. { + (1) A person commits the offense of carrying a
passenger on a motor assisted scooter if the person operates a
motor assisted scooter and carries another person on the motor
assisted scooter.
(2) The offense described in this section, carrying a passenger
on a motor assisted scooter, is a Class D traffic violation. + }
SECTION 15. { + (1) A person commits the offense of operating
a motor assisted scooter with an unlawful load if the person is
operating a motor assisted scooter and the person carries a
package, bundle or article that prevents the person from keeping
at least one hand upon the handlebars and having full control at
all times.
(2) The offense described in this section, operating a motor
assisted scooter with an unlawful load, is a Class D traffic
violation. + }
SECTION 16. { + (1) A person commits the offense of failure of
a motor assisted scooter operator to wear protective headgear if
the person operates a motor assisted scooter on a highway or on
premises open to the public and is not wearing protective
headgear of a type approved under ORS 815.052.
(2) A person is exempt from the protective headgear requirement
of subsection (1) of this section if wearing the headgear would
violate a religious belief or practice of the person.
(3) The first time a person is convicted of an offense under
this section, the person may not be required to pay a fine if the
person proves to the satisfaction of the court that the person
has protective headgear of a type approved under ORS 815.052.
(4) The offense described in this section, failure of a motor
assisted scooter operator to wear protective headgear, is a
traffic violation punishable by a maximum fine of $25. + }
SECTION 17. { + (1) A person commits the offense of
endangering a motor assisted scooter operator if the person is
the parent, legal guardian or person with legal responsibility
for the safety and welfare of a child under 16 years of age and
authorizes or knowingly permits the child to operate a motor
assisted scooter in violation of section 5 (1)(a) of this 2001
Act.
(2) The offense described in this section, endangering a motor
assisted scooter operator, is a traffic violation punishable by a
maximum fine of $25. + }
SECTION 18. { + Section 19 of this 2001 Act is added to and
made a part of ORS chapter 815. + }
SECTION 19. { + (1) A person commits the offense of violation
of motor assisted scooter equipment requirements if the person:
(a) Is the parent, legal guardian or person with legal
responsibility for the safety and welfare of a child under 16
years of age and authorizes or knowingly permits the child to
operate a motor assisted scooter on any highway in violation of
the requirements of this section; or
(b) Operates a motor assisted scooter on any highway during
times of limited visibility conditions and the motor assisted
scooter is not equipped with, or the person does not use,
lighting equipment that meets the following requirements:
(A) If the motor assisted scooter is equipped with lighting
equipment:
(i) The lighting equipment must include a white light visible
from a distance of at least 300 feet to the front and sides of
the motor assisted scooter;
(ii) The lighting equipment must have a red reflector or
lighting device, or material of such size or characteristic,
mounted to be visible from all distances up to 500 feet to the
rear when directly in front of lawful lower beams of headlights
on a motor vehicle; and
(iii) The lighting equipment must have a white or yellow
reflector or lighting device, or material of such size or
characteristic, mounted to be visible from all distances up to
200 feet to the front of the motor assisted scooter.
(B) If the motor assisted scooter is not equipped with lighting
equipment, the operator of the motor assisted scooter must wear:
(i) A white light mounted to be visible from all distances up
to 300 feet to the front and sides of the motor assisted scooter;
(ii) A red reflector or lighting device, or material of such
size or characteristic, mounted to be visible from all distances
up to 500 feet to the rear when directly in front of lawful lower
beams of headlights on a motor vehicle; and
(iii) A white or yellow reflector or lighting device, or
material of such size or characteristic, mounted to be visible
from all distances up to 200 feet to the front of the motor
assisted scooter.
(2) Nothing in this section prohibits the use of additional
parts and accessories on any motor assisted scooter not
inconsistent with this section.
(3) The offense described in this section, violation of motor
assisted scooter equipment requirements, is a Class D traffic
violation. + }
SECTION 20. 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) Motor assisted scooters are exempt from
registration. + }
SECTION 21. ORS 807.020 is amended to read:
807.020. A person who is granted a driving privilege by this
section may exercise the driving privilege described without
violation of the requirements under ORS 807.010. A grant of
driving privileges to operate a motor vehicle under this section
is subject to suspension and revocation the same as other driving
privileges granted under the vehicle code. This section is in
addition to any exemptions from the vehicle code under ORS
801.026. The following persons are granted the described driving
privileges:
(1) A person who is not a resident of this state may operate a
motor vehicle without an Oregon license or driver permit if the
person holds a current out-of-state license issued to the person
by the person's home jurisdiction. To qualify under this
subsection, the person must have the out-of-state license or
driver permit in the person's possession. A person is not granted
driving privileges under this subsection:
(a) If the person is under the minimum age required to be
eligible for driving privileges under ORS 807.060;
(b) During a period of suspension or revocation by this state
or any other jurisdiction of driving privileges or of the right
to apply for a license or driver permit issued by this state or
any other jurisdiction; or
(c) That exceed the driving privileges granted to the person by
the home jurisdiction of the person.
(2) A person in the Armed Forces of the United States may
operate a motor vehicle without an Oregon license or driver
permit if the person:
(a) Has a current out-of-state license or driver permit issued
by the Armed Forces; and
(b) Is operating an official motor vehicle in the course of the
person's duties in the Armed Forces.
(3) A person without a license or driver permit may operate a
road roller or road machinery that is not required to be
registered under the laws of this state.
(4) A person without a license or driver permit may temporarily
operate, draw, move or propel a farm tractor or implement of
husbandry.
(5) A person without a license or driver permit may operate a
motor vehicle to demonstrate driving ability during the course of
an examination administered under ORS 807.070 for the purpose of
qualifying for a license or driver permit. This subsection only
applies when an authorized examiner is in a seat beside the
driver of the motor vehicle.
(6) Driving privileges for snowmobiles are exclusively as
provided in ORS 821.150.
(7) Driving privileges for Class I all-terrain vehicles are
exclusively as provided in ORS 821.170.
(8) Driving privileges for Class III all-terrain vehicles are
exclusively as provided in ORS 821.172.
(9) A person without a license or driver permit may operate a
golf cart in accordance with an ordinance adopted under ORS
810.070.
(10) The spouse of a member of the Armed Forces of the United
States on active duty who is accompanying the member on
assignment in this state may operate a motor vehicle if the
spouse has a current out-of-state license or driver permit issued
to the spouse by another state in the spouse's possession.
(11) A person who is a member of the Armed Forces of the United
States on active duty may operate a motor vehicle if the person
has a current out-of-state license or driver permit in the
person's possession that is issued to the person by the person's
state of domicile or by the Armed Forces of the United States in
a foreign country. Driving privileges described under this
subsection that are granted by the Armed Forces apply only for a
period of 45 days from the time the person returns to the United
States.
(12) A person who does not hold a motorcycle indorsement may
operate a motorcycle if the person is:
(a) Within an enclosed cab; or
(b) Operating a vehicle designed to travel with three wheels in
contact with the ground at speeds of less than 15 miles per hour.
(13) A person may operate a bicycle that is not an electric
assisted bicycle without any grant of driving privileges.
(14) A person may operate an electric assisted bicycle without
a driver license or driver permit if the person is 16 years of
age or older.
{ + (15) A person may operate a motor assisted scooter
without a driver license or driver permit if the person is 16
years of age or older. + }
{ - (15) - } { + (16) + } A person who is not a resident of
this state may operate a motor vehicle without an Oregon license
or driver permit if the person is at least 15 years of age and
has in the person's possession a current out-of-state equivalent
of a Class C instruction driver permit issued to the person by
the person's home jurisdiction. A person operating a motor
vehicle under authority of this subsection has the same
privileges and is subject to the same restrictions as a person
operating under the authority of a Class C instruction driver
permit issued as provided in ORS 807.280.
SECTION 22. 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.
(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.
{ + (8) A motor assisted scooter. + }
SECTION 23. ORS 811.050 is amended to read:
811.050. (1) A person commits the offense of failure of a motor
vehicle operator to yield to a rider on a bicycle lane if the
person is operating a motor vehicle and the person does not yield
the right of way to a person operating a bicycle, electric
assisted bicycle, moped { + , motor assisted scooter + } or
motorized wheelchair upon a bicycle lane.
(2) This section does not require { - persons - } { + a
person + } operating { - mopeds - } { + a moped + } to yield
the right of way to { - bicycles - } { + a bicycle or a motor
assisted scooter + } if the { - mopeds are - } { + moped
is + } operated on { + a + } bicycle { - lanes - } { +
lane + } in the manner permitted under ORS 811.440.
(3) The offense described in this section, failure of a motor
vehicle operator to yield to a rider on a bicycle lane, is a
Class B traffic violation.
SECTION 24. ORS 811.440 is amended to read:
811.440. This section provides exemptions from the prohibitions
under ORS 811.435 and 814.210 against operating motor vehicles on
bicycle lanes and paths. The following vehicles are not subject
to ORS 811.435 and 814.210 under the circumstances described:
(1) A person may operate a moped on a bicycle lane that is
immediately adjacent to the roadway only while the moped is being
exclusively powered by human power.
(2) A person may operate a motor vehicle upon a bicycle lane
when:
(a) Making a turn;
(b) Entering or leaving an alley, private road or driveway; or
(c) Required in the course of official duty.
(3) An implement of husbandry may momentarily cross into a
bicycle lane to permit other vehicles to overtake and pass the
implement of husbandry.
(4) A person may operate a motorized wheelchair on a bicycle
lane or path.
{ + (5) A person may operate a motor assisted scooter on a
bicycle lane or path. + }
SECTION 25. ORS 801.345 is amended to read:
801.345. 'Moped' means a vehicle, including any bicycle
equipped with a power source, other than an electric assisted
bicycle as defined in ORS 801.258 { + or a motor assisted
scooter as defined in section 2 of this 2001 Act + }, that
complies with all of the following:
(1) It is designed to be operated on the ground upon wheels.
(2) It has a seat or saddle for use of the rider.
(3) It is designed to travel with not more than three wheels in
contact with the ground.
(4) It is equipped with an independent power source that:
(a) Is capable of propelling the vehicle, unassisted, at a
speed of not more than 30 miles per hour on a level road surface;
and
(b) If the power source is a combustion engine, has a piston or
rotor displacement of { - 3.05 cubic inches or less or 50 - }
{ + 35.01 to 50 + } cubic centimeters { - or less - }
regardless of the number of chambers in the power source.
(5) It is equipped with a power drive system that functions
directly or automatically only and does not require clutching or
shifting by the operator after the system is engaged.
SECTION 26. { + After January 1, 2008, all motor assisted
scooters powered by gasoline and sold in this state shall be
equipped with four-stroke engines. + }
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