Chapter 158 Oregon Laws 2003

AN ACT

SB 181

Relating to vehicle equipment; amending ORS 811.195, 811.225, 815.010, 815.030, 815.040, 815.055, 815.065, 815.080, 815.090, 815.180, 815.210, 815.215, 815.220, 815.221, 815.280, 815.281, 816.010, 816.020, 816.030, 816.050, 816.060, 816.070, 816.080, 816.100, 816.120, 816.170, 816.180, 816.230, 816.270, 816.340 and 816.350.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 815.010 is amended to read:

815.010. (1) Testing requirements for [approval of] equipment standards adopted under the vehicle code shall be met by the manufacturer submitting a report from a laboratory approved by the Department of Transportation showing compliance with the current federal regulations or the standards of the Society of Automotive Engineers, the United States of America Standards Institute or the United States Bureau of Standards. This subsection supersedes any provision to the contrary in the vehicle code.

(2) A federal vehicle safety standard that conflicts with an equipment provision of the vehicle code applicable to the same aspect of performance shall supersede that specific provision of the vehicle code with respect to vehicles in compliance with the federal vehicle safety standard that was in effect at the time of sale.

SECTION 2. ORS 815.030 is amended to read:

815.030. (1) The Department of Transportation [may] shall adopt and enforce minimum standards for vehicle performance or vehicle equipment performance consistent with this section.

(2) [Rules] Standards adopted by the department under this section shall be consistent with any vehicle standards established under federal regulations or under standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standards and Technology.

(3) As federal regulations concerning vehicle equipment are subsequently amended or repealed the department may consider subsequent federal vehicle safety standards and adopt standards with respect to any vehicle or item of vehicle equipment applicable to the same aspect of performance of such vehicle or item of equipment if the department determines that the subsequent federal standards are practicable, provide an objective standard and meet the need for vehicle safety.

(4) Standards adopted by the department under this section supersede any equipment provision of the vehicle code applicable to the same aspect of performance that conflicts with a specific provision of a standard adopted by the department under this section with respect to compliance with safety standards in effect at the time of sale.

(5) The department shall continue to [carry out the approval of equipment] adopt equipment standards as required under other sections of the vehicle code if there is no standard under this section. [This subsection applies to, but is not limited to, approval of equipment on new vehicles first sold in Oregon.]

(6) Proof of certification of equipment under this section may be in the form of a symbol or designation prescribed in federal standards or if there is no federal symbol or designation, by a symbol or designation acceptable to the department.

(7) Compliance with any requirements for equipment under this section is subject to ORS 815.010.

(8) Prohibitions and penalties relating to the standards established under this section are provided under ORS 815.075 and 815.100.

SECTION 3. ORS 815.040 is amended to read:

815.040. (1) The Department of Transportation shall establish standards for safety glazing material used in vehicle windows and windshields including standards for any glazing material so constructed, treated or combined with other materials as to reduce substantially, in comparison to ordinary sheet or plate glass, the likelihood of injury to persons by broken or cracked glass or by objects from external sources.

(2) The standards [adopted] established under this section shall conform, insofar as practical, to safety standards and specifications for safety glazing material issued by the federal government.

[(3) A manufacturer of any glazing material upon which approval for use in motor vehicles is desired shall submit to the department a test report from the National Bureau of Standards if available, or if not, any other nationally recognized testing laboratories as authorized by the department.]

[(4) If the department finds that a glazing material so tested conforms with the standards adopted by the department, the department shall place the material on an approved list.]

[(5) The department shall publish the list of approved safety glazing materials.]

[(6)] (3) Prohibitions and penalties relating to the standards established under this section are provided under ORS 815.090 and 815.210.

[(7)] (4) The standards established under this section may not restrict the installation and use of window tinting material that meets the requirements of ORS 815.221.

SECTION 4. ORS 815.090 is amended to read:

815.090. (1) A person commits the offense of replacement of vehicle windows with unapproved material if the person makes or procures the replacement of windows or windshields in a motor vehicle and the replacement is made with a material that [is not approved] does not meet the standards established by the Department of Transportation under ORS 815.040.

(2) This section does not apply to vehicles that are exempt under ORS 815.210 from the prohibitions against operating a vehicle without approved materials in the vehicle windows.

(3) The offense described in this section, replacement of vehicle windows with unapproved material, is a Class A misdemeanor.

SECTION 5. ORS 815.220 is amended to read:

815.220. (1) A person commits the offense of obstruction of vehicle windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway any vehicle with windows obstructed in a manner prohibited under this section.

(2) The windows of a vehicle are obstructed in a manner prohibited by this section if any material that prohibits or impairs the ability to see into or out of the vehicle is upon any vehicle window described in this subsection. This subsection applies to any sign, poster, one-way glass, adhesive film, glaze application or other material if the material prohibits or impairs the ability to see into or out of the vehicle. This subsection only applies to the following windows of the vehicle:

(a) The front windshield.

(b) The side-wings.

(d) The rear window.

(3) Nothing in this section prohibits safety glazing materials of a type [approved] that conform to standards established under ORS 815.040.

(4) Nothing in this section prohibits placement of permits in accordance with the provisions of ORS 803.650 or with rules adopted by the Department of Transportation under ORS 803.650.

(5) Nothing in this section prohibits the application of tinting material to the windows of a motor vehicle in compliance with ORS 815.221.

(6) The offense described in this section, obstruction of vehicle windows, is a Class D traffic violation.

SECTION 6. ORS 815.210 is amended to read:

815.210. (1) A person commits the offense of operation of a vehicle without approved materials in windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle with a windshield or windows that [are not equipped with a material approved] do not conform to the standards established by the Department of Transportation under ORS 815.040.

(2) This section does not apply to the following vehicles:

(a) Any motor vehicle manufactured on or before January 1, 1954, and registered in this state. The exemption under this paragraph does not apply to windshields or windows that have been replaced after January 1, 1954.

(b) Vehicles of special interest that are registered under ORS 805.020 and that are:

(A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, that are maintained in safe operating condition; or

(B) Street rods that conform to ORS 815.107.

(d) Antique vehicles that are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

(3) The vehicle exemptions under this section are also exemptions from the prohibitions under ORS 815.090 against replacing vehicle window or windshield with any unapproved material as provided in that section.

(4) The offense described in this section, operation of a vehicle without approved materials in windows, is a Class C traffic violation.

SECTION 7. ORS 811.195 is amended to read:

811.195. (1) A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger.

(2) This section does not apply if the person is operating any of the following vehicles:

(a) A commercial bus trailer.

(b) An independently steered trailer.

(A) Safety glazing materials [approved by the Department of Transportation] that meet the standards established under ORS 815.040 wherever there are windows or doors with windows on the vehicle.

(B) An auditory or visual signaling device that a passenger inside the vehicle can use to gain the attention of the motor vehicle driver towing the vehicle.

(3) The offense described in this section, passenger in trailer, is a Class D traffic violation.

SECTION 8. ORS 815.221 is amended to read:

815.221. (1) Notwithstanding any other provision of law, a person may apply tinting material to the windows of a motor vehicle in compliance with this section.

(2) Tinting material may be applied to the side and rear windows of a motor vehicle if:

(a) The tinting material has a light transmittance of 50 percent or more;

(b) The tinting material has a light reflectance of 13 percent or less; and

(3) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to the top six inches of a windshield. Tinting material may not be applied to any other portion of the windshield.

(4) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to all windows of a multipurpose passenger vehicle that are behind the driver. This subsection applies only to vehicles that are equipped with rearview mirrors on each side of the vehicle. The windows as tinted shall meet the requirements for AS-3 glazing material established by [49 C.F.R. §571.205 (1993) and the American National Standards Institute standards incorporated by reference in that] federal regulation. For purposes of this subsection, a “multipurpose passenger vehicle” is a motor vehicle with motive power that is designed to carry 10 or fewer persons and is constructed either on a truck chassis or with special features for occasional off-road operation.

(5) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to the side and rear windows of a vehicle registered in the name of a person, or the person’s legal guardian, if the person has an affidavit signed by a validly licensed physician or optometrist stating that the person has a physical condition requiring window tinting that produces a lower light transmittance than allowed by this section. The affidavit required by this subsection shall be kept in the vehicle and shall be shown to a police officer who inquires about the tint.

(6) There are no light transmittance requirements for glazing materials applied to AS-3 type windows.

[(6)] (7) The following types of tinting material are not permitted:

(a) Mirror finish products.

(b) Red, gold, yellow, amber or black material.

[(7)] (8) Each person who installs window tinting material in compliance with this section shall give the person who requested the installation a certificate stating:

(a) The name and address of the person who installed the tint;

(b) The light transmittance of the tinting material;

(d) That the total light transmittance through each window with the tinting material applied is not less than 35 percent.

[(8)] (9) The certificate issued under subsection [(7)] (8) of this section shall be kept in the motor vehicle and shall be shown to a police officer who inquires about the tint.

[(9)] (10) Prohibitions and penalties related to the standards established under this section are provided under ORS 815.222.

SECTION 9. ORS 815.055 is amended to read:

815.055. (1) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for the construction and installation of safety belts, safety harnesses or child safety systems and anchors or other devices to which safety belts, safety harnesses or child safety systems may be attached and secured. The rules adopted under this subsection are subject to the following:

(a) The rules that establish minimum standards and specifications for child safety systems required and regulated under this section and ORS 811.210 and 815.080 shall [require child safety systems to conform to specific strength and performance standards or dynamic test standards that the department determines will protect a child of 40 pounds or less in a crash. The rules shall also require child safety systems that elevate a person so that a safety belt or safety harness properly fits the person to conform to specific strength and performance standards or dynamic test standards that the department determines will protect a child weighing between 40 and 60 pounds. “Proper fit” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The department shall establish standards for this paragraph to conform, as is practicable or applicable in this state,] conform to the standards for child safety systems established by the federal government. Child safety systems are required to meet those standards in effect at the date of manufacture.

(b) All rules adopted under this subsection shall conform[, as is practicable or applicable in this state, to the regulations and standards promulgated by the Secretary of the United States Department of Transportation] to the regulations and standards established by the federal government relating to safety belt assemblies [under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C., Sec. 1381, et seq.)] that are applicable to motor vehicles at the date of manufacture.

[(2) The department shall establish a procedure for accepting and processing applications for approval of safety belts, safety harnesses, child safety systems and anchors or other devices to which safety belts, safety harnesses or child safety systems may be attached and secured. The procedure shall comply with the following:]

[(a) Any person may apply for approval under this section.]

[(b) The department may require a sample to be submitted for test.]

[(c) The department may accept reports of tests conducted by independent testing laboratories.]

[(d) Samples and laboratory reports submitted by applicants become the property of the department.]

[(e) When an application for approval has been submitted, the department shall approve or disapprove within a reasonable time and in accordance with the minimum safety standards and specifications under this section.]

[(f) If the department approves, it shall issue a letter of approval to the applicant.]

[(g) An approval letter shall indicate approval of the specific model tested and shall identify such by the trademark or the type of identifying serial number which it will bear.]

[(3)] (2) The department may purchase in the market[,] and test or submit to testing laboratories any safety belt, safety harness, child safety system or anchor or other device [which it has approved for sale or to be offered for sale]. The department shall [cancel any approval under this section] enforce the penalties under ORS 815.080 if it determines that the belt, harness, child safety system or anchor or other device does not [satisfy] conform to the minimum standards established under this section. [Cancellation of approval is effective as soon as the department notifies the person who applied for approval or the person’s successor that the approval has been canceled.]

[(4)] (3) Prohibitions and penalties relating to sale and use of equipment subject to this section are provided under ORS 811.210 and 815.080.

SECTION 10. ORS 811.225 is amended to read:

811.225. (1) The registered owner of a motor vehicle commits the offense of failure of an owner to maintain safety belts in working order if:

(a) The vehicle is equipped with safety belts or safety harnesses that meet the [requirements established by and that are approved] standards established under ORS 815.055; and

(b) The owner fails to maintain the safety belts or safety harnesses in a condition that will enable occupants of all seating positions equipped with safety belts or safety harnesses to use the belts or harnesses.

(2) The offense described in this section, failure of an owner to maintain safety belts in working order, is a Class C traffic violation.

SECTION 11. ORS 815.080 is amended to read:

815.080. (1) A person commits the offense of providing [an unapproved] a safety belt, harness equipment or a child safety system that does not comply with standards if the person does any of the following:

(a) Sells or offers for sale a new motor vehicle that is not equipped with safety belts, safety harnesses or child safety systems that comply with and are installed in compliance with the rules adopted by the Department of Transportation under ORS 815.055. This paragraph [only] applies only to motor vehicles that are primarily designed for transportation of individuals and that have seating for one or more passengers side-by-side with the operator. This paragraph [only] requires only that the vehicle be equipped with one seat belt or harness for the operator and one for at least one of the passengers seated beside the operator.

(b) Sells or offers for sale any safety belt, safety harness, child safety system, anchor or other device for attaching or securing safety belts, safety harnesses or child safety system if the belt, harness, child safety system, anchor or device does not comply with the rules adopted by the department under ORS 815.055. This paragraph [only] applies only to belts, harnesses, child safety systems, anchors or devices for use or installation on a vehicle that is primarily designed for transportation of individuals.

(c) Sells or offers for sale any safety belt, safety harness, child safety system, anchor or other device for attaching or securing safety belts, safety harnesses or child safety systems if the belt, harness, child safety system, anchor or device is not marked as required under [ORS 815.055] federal safety standards and if the mark is not legible when the belt, harness, child safety system, anchor or other device is used or installed on a vehicle. This paragraph [only] applies only to belts, harnesses, child safety systems, anchors or devices for use or installation on a vehicle that is primarily designed for transportation of individuals.

(d) Installs any safety belt, safety harness, child safety system, anchor or other device for attaching or securing safety belts, safety harnesses or child safety systems on a vehicle that is primarily designed for the transportation of individuals except in compliance with rules adopted by the department under ORS 815.055.

(2) This section does not apply to school buses or school activity vehicles that are subject to equipment standards adopted by the State Board of Education or the State Board of Higher Education under ORS 820.100.

(3) The offense described in this section, providing [an unapproved] a safety belt, harness equipment or a child safety system that does not comply with standards, is a Class C traffic violation.

SECTION 12. ORS 815.065 is amended to read:

815.065. The Department of Transportation shall adopt and enforce rules for the purpose of regulation of hydraulic brake fluid under ORS 815.085. The rules shall establish standards and specifications and labeling requirements for hydraulic brake fluid and other liquid mediums through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. The rules, in so far as practicable, shall conform to safety standards and specifications for brake fluids issued by the federal government and[, to the extent that there are no such federal standards, to the then] to the current standards and specifications of the Society of Automotive Engineers applicable to such fluid. The department shall publish rules adopted under this section. Penalties and prohibitions relating to the rules are as provided under ORS 815.085.

SECTION 13. ORS 815.180 is amended to read:

815.180. This section designates fender and mudguard standards for ORS 815.185. Except as specifically provided by an exemption under ORS 815.190, a vehicle is in violation of ORS 815.185 if the vehicle is not equipped with fenders or mudguards as required under ORS 815.185 or if the fenders or mudguards do not meet the standards of this section or are not of the type required by this section. The standards for fenders and mudguards are as follows:

(1) There are three different types of fenders and mudguards. Any vehicle required to have fenders and mudguards may be equipped with any fender, cover, flap or splash apron to comply with the requirements of ORS 815.185 for fenders and mudguards as long as the fenders and mudguards meet all of the following standards:

(a) The width of any fender or mudguard required under this section must be of sufficient size so that the fender or mudguard extends at least to each side of the width of the tire or combined width of the multiple tires when measured against the cross section of the tread of the wheel or the combined cross sections of the treads of the multiple wheels.

(b) Any fender or mudguard required under this section must be of sufficient size and must be so constructed as to be capable at all times of arresting and deflecting any dirt, mud, water or other substance that may be picked up and carried by the wheels.

(2) The following types of fenders or mudguards must cover the wheels of the vehicle in the manner described in paragraphs (a), (b) and (c) of this subsection:

(a) Type I fenders or mudguards must extend in full width from a point on the wheels that is above and forward of the center of the tires over to a point at the rear of the wheels that is not more than 10 inches, or, if attached to the rear of a dump box that elevates for unloading, not more than 13 inches, above the surface of the highway when the vehicle is empty.

(b) Type II fenders or mudguards must extend downward in full width from a point behind the wheels that is not lower than halfway between the center of the wheels and the top of the tires to a point at the rear of the wheels that is not more than 10 inches above the surface of the highway when the vehicle is empty.

(c) Type III fenders or mudguards must extend in full width from a point on the wheels that is above and forward of the center of the tire over a point at the rear of the wheel that is not more than [20] 27 inches above the surface of the highway.

SECTION 14. ORS 815.215 is amended to read:

815.215. (1) A person commits the offense of failure to have windshield wipers if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that has a windshield and that is not equipped with windshield wipers that meet the requirements under this section.

(2) Windshield wipers meet the requirements of this section if the windshield wipers are designed for cleaning rain or other moisture from the windshield and so constructed as to be controlled or operated by the driver of the vehicle.

(3) This section does not apply to the following vehicles:

(a) Vehicles of special interest that are registered under ORS 805.020 and that are:

(A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or

(B) The vehicles are street rods that conform to ORS 815.107.

(b) Road machinery, road rollers or farm tractors.

(c) Antique vehicles that are maintained as collectors’ items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

(d) Motorcycles.

(4) The offense described in this section, failure to have windshield wipers, is a Class C traffic violation.

SECTION 15. ORS 815.280 is amended to read:

815.280. (1) A person commits the offense of violation of bicycle equipment requirements if the person does any of the following:

(a) Operates on any highway a bicycle in violation of the requirements of this section.

(b) Is the parent or guardian of a minor child or ward and authorizes or knowingly permits the child or ward to operate a bicycle on any highway in violation of the requirements of this section.

(2) A bicycle is operated in violation of the requirements of this section if any of the following requirements are violated:

(a) A bicycle must be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.

(b) A person shall not install or use any siren or whistle upon a bicycle.

(c) At the times described in the following, a bicycle or its rider must be equipped with lighting equipment that meets the described requirements:

(A) The lighting equipment must be used during limited visibility conditions.

(B) The lighting equipment must show a white light visible from a distance of at least 500 feet to the front of the bicycle.

(C) The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.

(3) Nothing contained in this section shall be construed to prohibit the use of additional parts and accessories on any bicycle [not inconsistent] consistent with this section.

(4) The offense described in this section, violation of bicycle equipment requirements, is a Class D traffic violation.

SECTION 16. ORS 815.281 is amended to read:

815.281. (1) A person commits the offense of selling [unapproved] noncomplying bicycle equipment if the person sells or offers for sale any bicycle headgear that [is not approved] does not meet the standards established by the Department of Transportation under ORS 815.052.

(2) A person commits the offense of unlawfully renting or leasing a bicycle to another if the person:

(a) Is in the business of renting or leasing bicycles; and

(b) Does not have bicycle headgear approved under ORS 815.052 available for rental for use by persons under 16 years of age.

(3) The offenses described in this section are Class D traffic violations.

SECTION 17. ORS 816.010 is amended to read:

816.010. [(1) The Department of Transportation shall:]

[(a) Approve or disapprove and issue and enforce rules establishing standards and specifications for the approval of any vehicle lighting equipment of a type on which department approval is required under ORS 816.040 to 816.290 including their installation, adjustment and aiming and their adjustment when in use on motor vehicles.]

[(b) Set up the procedure which shall be followed when any application covering such equipment is submitted for approval.]

[(c) Approve or disapprove any lighting equipment of a type on which department approval is specifically required under ORS 816.040 to 816.290 within a reasonable time after such device has been submitted.]

[(d) Correlate and, in so far as practicable, conform to the then current standards and specifications of the Society of Automotive Engineers applicable to such equipment.]

[(e) Upon approving any lighting equipment, issue to the applicant a certificate of approval, together with any instructions regarding its use that the department deems necessary to insure compliance with the requirements of the vehicle code.]

[(f) Compile lists of all lighting equipment by name and type which have been approved by the department and maintain these lists readily available for interested persons.]

[(2) When the department has reason to believe that any lighting equipment, as it is being sold commercially, does not comply with the requirements under which it was approved under this section, the department shall suspend the approval issued therefor until such device is retested by a recognized testing laboratory and is found to meet the requirements of this section.]

[(3) The department may require that all such lighting equipment sold prior to such suspension be replaced with lighting equipment which complies with this section.]

(1) The Department of Transportation shall adopt and enforce minimum standards for vehicle lighting equipment under ORS 816.040 to 816.290 including installation, adjustment and aiming and adjustment when in use on motor vehicles.

(2) As federal regulations concerning vehicle lighting equipment are subsequently amended or repealed, the department may consider subsequent federal vehicle lighting equipment standards and adopt standards with respect to any vehicle lighting equipment applicable to the same aspect of performance of the vehicle lighting equipment if the department determines that the subsequent federal standards are practicable, provide an objective standard and meet the need for vehicle safety.

(3) When the department has reason to believe that any lighting equipment, as it is being sold commercially, does not comply with established standards, the department may have the device tested by a recognized testing laboratory to determine if the lighting equipment complies with the standards adopted under this section.

(4) Standards adopted under this section must be consistent with vehicle standards established under federal regulations or by the Society of Automotive Engineers.

(5) Standards adopted by the department under this section supersede any equipment provision of the vehicle code applicable to the same aspect of performance that conflicts with a specific provision of a standard adopted by the department under this section with respect to compliance with safety standards in effect at the time of sale.

(6) The department shall continue to adopt equipment standards as required under other sections of the vehicle code if there are no standards under this section.

[(4)] (7) The department may at any time purchase in the open market and submit to the testing laboratory one or more sets of any [such approved] lighting equipment, and if the lighting equipment, upon [retest] testing, fails to meet the [requirements of this section, the department may refuse to renew a certificate of approval of such device] standards adopted for lighting equipment under this section, the department shall enforce the penalties set forth in ORS 816.030 to 816.300.

[(5)] (8) Prohibitions and penalties relating to the [rules] standards adopted under this section are set forth in ORS 816.030 to 816.300.

SECTION 18. ORS 816.020 is amended to read:

816.020. With respect to motor carriers operated under the jurisdiction of the Department of Transportation, the department may adopt standard specifications at variance with the requirements and standards for vehicle lighting equipment under ORS 811.515 to 811.525 or 816.040 to 816.370 whenever standard specifications adopted by the [Interstate Commerce Commission of the United States] Federal Motor Carrier Safety Administration are different from those established by those sections. The standard specifications so adopted by the department shall conform to standard specifications adopted by the [Interstate Commerce Commission] Federal Motor Carrier Safety Administration for vehicles operating in interstate commerce.

SECTION 19. ORS 816.030 is amended to read:

816.030. (1) A person commits the offense of selling [unapproved] noncomplying lighting equipment if the person sells or offers for sale for use upon or as part of the equipment of any vehicle any vehicle lighting equipment that does not comply with standards adopted by the Department of Transportation under ORS 816.010.[:]

[(a) Requires Department of Transportation approval under ORS 816.010 and has not been approved by the department as provided under that section; or]

[(b) Has been approved by the department under ORS 816.010 unless the vehicle lighting equipment bears thereon the trademark or name and serial number under which it is approved so as to be legible when installed].

(2) The offense described in this section, selling [unapproved] noncomplying lighting equipment, is a Class D traffic violation.

SECTION 20. ORS 816.050 is amended to read:

816.050. Each of the following is a requirement for headlights as described:

(1) On vehicles required to be equipped with two or more headlights under ORS 816.320 and 816.330 the headlights shall be equally distributed on each side of the front of the vehicle. This subsection does not apply to motorcycles and mopeds.

(2) Headlights shall show a continuously burning light except that:

(a) When permitted under ORS 814.320, headlights for motorcycles or mopeds may have an upper beam that can be modulated between a high and lower brightness at a rate of 200 to 280 pulses per minute.

(b) [An] A federally approved headlight flashing system may be used as emergency vehicle lights on police, fire, emergency or ambulance vehicles.

(3) Headlights shall show a white light described in Standard Number 108 of the Federal Motor Vehicle Safety Standards.

(4) Headlights shall show the light forward.

(5) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for headlights. The rules shall conform, insofar as practicable, to safety standards and specifications for vehicle lighting issued by the federal government [and, to the extent there are no such federal standards,] or to standards and recommendations [promulgated] established by the Society of Automotive Engineers.

(6) When multiple beam headlights are used or when headlights are used in combination with auxiliary [driving] lights or passing lights, the lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.

(7) Headlights shall be aimed in accordance with rules adopted by the department. If headlights provide only a single distribution of light and are not supplemented by auxiliary lights, the single beam headlights shall be so aimed that when the vehicle is not loaded, none of the high intensity portion of the light shall, at a distance of 25 feet ahead of the vehicle, project higher than five inches below the level of the center of the lamp from which it comes, or higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead of the vehicle.

(8) The intensity of the light of single beam headlights shall be sufficient to reveal persons and vehicles upon a street or highway at a distance of at least 200 feet ahead of the vehicle to which they are attached.

(9) Headlights that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with [the instructions of] standards adopted by the department under ORS 816.010.

(10) Headlights that are required under ORS 816.320 and 816.330 and any part for such headlight that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

(11) Single beam headlights that are not supplemented by auxiliary [driving] lights shall be permitted on a motor vehicle in lieu of multiple beam headlights only if the single distribution of lights complies with any requirements for single beam headlights under this section.

SECTION 21. ORS 816.060 is amended to read:

816.060. [Each of the following is a requirement for auxiliary lights as described:]

(1) As used in this section, “auxiliary lights” means low beam auxiliary lights.

[(1)] (2) When auxiliary lights are used in combination with headlights, the combination of lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.

[(2)] (3) Auxiliary lights shall be wired in accordance with rules adopted by the Department of Transportation.

[(3)] (4) Auxiliary lights shall be mounted, adjusted and aimed in accordance with rules adopted by the department.

[(4)] (5) Auxiliary [driving] lights mounted on a vehicle for highway use shall be mounted at a height of 54 inches or less above the level surface upon which the vehicle stands. Auxiliary lights mounted higher than 54 inches are subject to any limitation on use under ORS 811.515 and 811.520.

[(5)] (6) Auxiliary lights and any part for such light that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

(7) Auxiliary lights shall show a white light forward.

SECTION 22. ORS 816.070 is amended to read:

816.070. [Each of the following is a requirement for passing lights as described:]

(1) As used in this section, “passing lights” means high beam auxiliary lights.

[(1)] (2) When passing lights are used in combination with headlights, the combination of lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.

[(2)] (3) Passing lights shall be wired in accordance with rules adopted by the Department of Transportation.

[(3)] (4) Passing lights shall be aimed in accordance with rules adopted by the department.

(5) Passing lights shall show a white light forward.

SECTION 23. ORS 816.080 is amended to read:

816.080. (1) Taillights shall be mounted on the rear of a vehicle.

(2) Except as otherwise provided in this section, when lighted, taillights shall emit a red light.

(3) When lighted, taillights shall emit a light plainly visible from a distance of 500 feet to the rear.

(4) Taillights may be constructed so as to include registration plate lights.

(5) Taillights shall be wired so as to be lighted whenever the headlights or auxiliary lights are lighted.

(6) Taillights that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with the [instructions of] standards adopted by the Department of Transportation.

(7) Taillights that are required under ORS 816.320 and 816.330 and any part for such light that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

(8) On a motor vehicle that was manufactured before 1959, the taillight or the taillight assembly, if the taillight is combined with another light, may contain a blue or purple insert of not more than one inch in diameter.

SECTION 24. ORS 816.100 is amended to read:

816.100. Each of the following is a requirement for brake lights as described:

(1) Brake lights shall be placed on the rear of the vehicle. Where more than one brake light is required under ORS 816.320 and 816.330 at least one brake light shall be placed on each side of the rear.

(2) Brake lights shall be constructed and located on a vehicle so as to give a signal of intention to stop.

(3) Brake lights shall emit a red light. If the motor vehicle was manufactured before 1959 and the brake light is combined with the taillight in a taillight assembly, the assembly may contain an insert as described under ORS 816.080.

(4) Except as provided in subsection (11) of this section, brake lights shall emit a steady burning light.

(5) Brake lights shall emit a light that is plainly visible and capable of being seen and distinguished from a distance of 500 feet to the rear of the vehicle in normal daylight.

(6) Brake lights required under ORS 816.320 and 816.330 shall be mounted, so far as practicable, in such a manner as to reduce the hazard of being obscured by mud or dust thrown by the wheels.

(7) Brake lights shall not project a glaring or dazzling light.

(8) Brake lights may be incorporated with a taillight.

(9) Brake lights shall be activated upon application of the service brake.

(10) Brake lights required under ORS 816.320 and 816.330 or any parts for brake lights must comply with standards adopted by the Department of Transportation under ORS 816.010.

(11) Brake lights for motorcycles may flash intermittently, provided that the brake lights do not override the rear turn signal function.

SECTION 25. ORS 816.120 is amended to read:

816.120. Each of the following is a requirement for turn signals as described:

(1) Turn signals shall be so constructed and located on a vehicle as to give a signal of intention to turn right or left.

(2) The following types of turn signals shall show light in the direction indicated:

(a) Front turn signal lights shall show light to the front of the vehicle.

(b) Rear turn signal lights shall show light to the rear of the vehicle.

(3) The following types of turn signals shall have the color of light indicated:

(a) Front turn signal lights may be white or amber.

(b) Rear turn signal lights may be red, amber or yellow. If the rear turn signal is red, the motor vehicle was manufactured before 1959 and the turn signal is combined with the taillight in a taillight assembly, the assembly may contain an insert as described under ORS 816.080.

(4) Turn signals shall be understandable in normal sunlight and at a distance of 500 feet at night.

(5) Turn signals that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with the [instructions of] standards adopted by the Department of Transportation.

(6) Turn signals that are required under ORS 816.320 and 816.330 and any part for such turn signals that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

SECTION 26. ORS 816.170 is amended to read:

816.170. Each of the following is a requirement for spot lights as indicated:

(1) Spot lights must be mounted, adjusted and aimed in accordance with [the instructions of] standards adopted by the Department of Transportation.

(2) Spot lights and any part for such spot lights that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

SECTION 27. ORS 816.180 is amended to read:

816.180. Each of the following is a requirement for reflectors as indicated:

(1) The following are the colors for the indicated type of reflector:

(a) Rear reflectors and rearward side reflectors shall be red.

(b) Forward side reflectors and intermediate side reflectors shall be amber.

(2) The following types of reflectors shall be placed as indicated:

(a) Rear reflectors shall be mounted on the rear of the vehicle. If more than one rear reflector is required under ORS 816.320 and 816.330, there shall be at least one rear reflector on either side of the rear of the vehicle. On pole trailers, rear reflectors may be mounted on each side of the bolster or load.

(b) Forward side reflectors shall be mounted on the side of the vehicle near the front of the vehicle.

(c) Intermediate side reflectors shall be mounted on the side of the vehicle at or near the midpoint between the forward side reflectors and the rearward side reflectors.

(d) Rearward side reflectors shall be mounted on the side of the vehicle near the rear of the vehicle.

(3) Reflectors shall be mounted on a vehicle at a height not less than 15 inches and not more than 60 inches above the ground on which the vehicle stands.

(4) Reflectors shall be of such size or characteristics and so mounted and maintained as to be readily visible at night within 500 feet to 50 feet from the vehicle when directly in front of lawful upper beams of headlights.

(5) Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides and those mounted on the rear shall reflect the required color to the rear.

(6) Reflectors required under ORS 816.320 and 816.330 shall be mounted, so far as practicable, in such manner as to reduce the hazard of being obscured by mud or dust thrown by the wheels.

(7) Reflectors that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with [the instructions of] standards adopted by the Department of Transportation.

(8) Reflectors that are required under ORS 816.320 and 816.330 and any part for such reflectors that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

(9) Rear reflectors may be constructed either as a separate reflector or as part of and incorporated with the taillights.

SECTION 28. ORS 816.230 is amended to read:

816.230. Each of the following is a requirement for fog lights as described:

(1) Fog lights shall be mounted, aimed and adjusted in accordance with [the instructions of] standards adopted by the Department of Transportation.

(2) Fog lights and any part of such fog lights that tends to change the original design or performance must be of a type that [has been approved] complies with standards adopted by the department under ORS 816.010.

(3) Forward mounted fog lights shall show a white, amber or yellow light.

(4) Rear mounted fog lights shall show a red light.

SECTION 29. ORS 816.270 is amended to read:

816.270. (1) Each of the following is a requirement for mail delivery lights other than strobe lights:

(a) Mail delivery lights shall include two lights.

(b) Mail delivery lights shall be simultaneously flashing lights.

(c) Mail delivery lights may be constructed so that the lights flash continuously or are actuated by application of the service brake.

(d) Mail delivery lights shall have at least 12 square inches of effective illuminated surface.

(e) Mail delivery lights shall be of double face or two-way type.

(f) Mail delivery lights shall project an amber color to the front and a red color to the rear.

(g) Mail delivery lights shall be visible from a distance of not less than 100 feet to the front and rear in normal sunlight.

(h) Mail delivery lights shall be mounted on the highest part of the top of the vehicle in such a position that the illumination from the lights is visible both to the front and rear for the required distance and shall be spaced laterally as far apart as body construction will permit.

(i) Between mail delivery lights there shall be mounted a 22-inch by 7-inch sign with the wording “U.S. Mail” in four-inch letters in black on a white background.

(j) Mail delivery lights and the required sign shall be installed so that the sign can be easily lowered and the lights turned off when the vehicle is not actually engaged in United States Mail service.

(k) Mail delivery lights, the required sign, wiring, switches and mounting devices shall all be of a type that [has been approved] meets standards adopted by the Department of Transportation.

(2) Magnetically attached strobe lights may be used as mail delivery lights without meeting any of the requirements of subsection (1) of this section except the visibility requirements of subsection (1)(g) and (h) of this section. Strobe lights used as mail delivery lights shall be amber.

SECTION 30. ORS 816.340 is amended to read:

816.340. This section establishes exemptions from ORS 816.320 and 816.330. The exemptions established under this section are in addition to any exemptions under ORS 801.026. The exemptions under this section are partial or complete as described in the following:

(1) ORS 816.320 and 816.330 shall not be construed to prohibit the use of additional parts and accessories on any vehicle [not inconsistent] consistent with the provisions of those sections.

(2) Motor vehicles of special interest that are registered under ORS 805.020 shall be deemed in compliance with ORS 816.320 and 816.330 if:

(a) The vehicles are equipped with original manufacturer’s equipment and accessories, or their equivalent, and if the equipment is maintained in safe operating condition; or

(b) The vehicles are street rods that conform ORS 815.107.

(3) ORS 816.320 and 816.330 do not apply to any of the following vehicles:

(a) Road machinery.

(b) Road rollers.

(d) Antique motor vehicles that are 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.

(4) Motorcycles manufactured before 1973 are not required to be equipped with turn signals if the motorcycle is not driven during limited visibility conditions under ORS 811.405 and 811.515.

(5) Truck tractors are not required to be equipped with rear reflectors.

(6) Pole trailers are not required to be equipped with side reflectors, side marker lights, clearance lights or identification lights.

(7) Motor vehicles registered in this state on or before January 1, 1940, are not required to be equipped with a high-beam indicator.

(8) Bicycles shall be equipped with lighting equipment as required under ORS 815.280.

(9) Requirements for warning lights on ambulances are provided under ORS 820.350 and 820.360.

SECTION 31. ORS 816.350 is amended to read:

816.350. This section establishes requirements for ORS 816.360. When specific types of lighting equipment are mentioned by this section, those types are types described under ORS 816.040 to 816.290. Except as allowed under this section or where an exemption under ORS 816.370 specifically provides otherwise, a vehicle that does not comply with this section is in violation of ORS 816.360:

(1) A motorcycle or moped shall not be equipped with more than two headlights.

(2) Except when blue or purple inserts are allowed under ORS 816.080, 816.100 or 816.120, no vehicle shall have any lighting equipment mounted on the rear that displays or reflects any color other than red except for the following lighting equipment:

(a) Turn signal lights.

(b) Rear mounted lighting systems.

(d) Back-up lights.

(3) Except as otherwise allowed under this section, only the following types of vehicles may be equipped with public vehicle warning lights:

(a) A vehicle operated by the state, or any county, city, district or other political subdivision of the state, and used for the construction, improvement, repair, maintenance, operation or patrol of any public highway.

(b) Vehicles operated by a public utility or telecommunications utility involved in maintenance, repair or construction of their facilities along public rights of way.

(4) Vehicles operated by a police officer and used for law enforcement may be equipped with any type of police lights, but only such vehicles may be equipped with blue lights.

(5) Except as otherwise allowed under this section, only a vehicle operated by a weighmaster or motor carrier enforcement officer proceeding under the authority of ORS 810.530 may be equipped with weighmaster warning lights.

(6) Except as otherwise allowed under this section, only tow vehicles may be equipped with tow vehicle warning lights.

(7) Except as otherwise allowed under this section, only a motor vehicle escort accompanying a motor vehicle carrying or towing a load of a size or description not permitted under ORS 815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160 and 818.300 may be equipped with a pilot vehicle warning light.

(8) Except as otherwise allowed under this section, only the following vehicles may be equipped with bus safety lights:

(a) School buses.

(b) Worker transport buses.

(9) No vehicle except a vehicle used in active service transporting United States Mail may be equipped with mail delivery lights.

(10) Except as otherwise allowed under this section, fire company warning lights may only be used on the following vehicles:

(a) An emergency vehicle.

(b) A vehicle authorized under a permit issued under ORS 818.250.

(11) Except as otherwise allowed under this section, no vehicle or equipment shall display or carry any lighting equipment or device with a red light visible from directly in front of the vehicle or equipment.

(12) Except as otherwise allowed under this section, all flashing lights are prohibited on all motor vehicles on any street or highway except for turn signals, hazard lights and headlight flashing systems described in ORS 816.050.

(13) No motor vehicle other than an emergency vehicle shall be equipped with more than one spot light.

(14) No motor vehicle shall be equipped with more than two cowl or fender lights.

(15) A vehicle at the scene of an actual or potential release of hazardous materials may be equipped with warning lights as described in ORS 816.280 (1)(d).

(16) A vehicle being used by medical examiners to reach the scene of an accident or of a death investigation may be equipped with warning lights as described in ORS 816.280 (1)(e).

(17) A vehicle may be equipped with covers on any of the following lights if the covers are removed when the lights are required to be in operation:

(a) Headlights under ORS 816.050.

(b) Taillights under ORS 816.080.

(c) Brake lights under ORS 816.100.

(d) Turn signals under ORS 816.120.

(e) Reflectors under ORS 816.180.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

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