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 1468
 
                           A-Engrossed
 
                         Senate Bill 445
                 Ordered by the Senate March 15
           Including Senate Amendments dated March 15
 
Sponsored by Senator NELSON, Representatives BUTLER, JENSON
 
 
                             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.
 
  Allows person to operate Class I all-terrain vehicle on state
highways when used for agricultural purposes. Creates offense of
unlawful operation of Class I all-terrain vehicle used for
agricultural purposes.
  Punishes by maximum fine of $75.
   { +  Exempts Class I all-terrain vehicle used for agricultural
purposes from registration requirements.
  Requires Class I all-terrain vehicle operated on highway for
agricultural purposes to display slow-moving vehicle emblem. + }
 
                        A BILL FOR AN ACT
Relating to all-terrain vehicles used for agricultural purposes;
  creating new provisions; and amending ORS 803.305 and 815.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS chapter 821. + }
  SECTION 2.  { + Notwithstanding any other provision of law, a
person may operate a Class I all-terrain vehicle on the highways
of this state if:
  (1) The person is using the all-terrain vehicle for
transportation between ranching or farming headquarters,
agricultural fields or pastures;
  (2) The person holds a valid driver license;
  (3) The person complies with posted speed limits, but in no
event exceeds a speed of 20 miles per hour;
  (4) The person operates the all-terrain vehicle as closely as
is practicable to the right-hand edge of the highway, including
shoulders, if any;
  (5) The all-terrain vehicle is equipped with a lighted
headlight and taillight; and
  (6) The all-terrain vehicle displays a slow-moving vehicle
emblem described under ORS 815.060. + }
  SECTION 3.  { + (1) A person commits the offense of unlawful
operation of a Class I all-terrain vehicle used for agricultural
purposes if the person operates a Class I all-terrain vehicle on
a highway in violation of section 2 of this 2001 Act.
 
 
  (2) The offense described in this section, unlawful operation
of a Class I all-terrain vehicle used for agricultural purposes,
is a Class D traffic violation. + }
  SECTION 4. 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 all-terrain vehicles operated as authorized
in section 2 of this 2001 Act are exempt from registration. + }
  SECTION 5. ORS 815.110 is amended to read:
  815.110. This section establishes requirements for ORS 815.115.
The requirements under this section are in addition to any other
requirements for lighting equipment provided by law.  Except as
specifically provided by an exemption under ORS 815.120, a person
violates ORS 815.115 if the person does not comply with any of
the following requirements:
  (1) The following types of vehicles must display slow-moving
vehicle emblems described under ORS 815.060:
  (a) Vehicles or combinations of vehicles designed for customary
use at speeds of less than 25 miles per hour.
  (b) Golf carts or similar vehicles when operated by a disabled
person.
   { +  (c) Class I all-terrain vehicles operated on a highway
under section 2 of this 2001 Act. + }
  (2) Slow-moving vehicle emblems must meet the requirements for
such emblems established by the Department of Transportation by
rule under ORS 815.060.
  (3) Slow-moving vehicle emblems shall be displayed on the rear
of the power unit. When a combination of vehicles is being
operated in a manner that obscures the emblem mounted on the
power unit, an additional emblem shall be displayed on the rear
of the rearmost vehicle in the combination.
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