72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 389
House Bill 2139
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Road User Fee Task Force)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires permit for use of studded tires. Establishes fees for
permit based on county in which vehicle is registered. Punishes
use of studded tires without permit by maximum fine of $75.
Dedicates revenue from permit fees to highway preservation.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to studded tire permits; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 7 of this 2003 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) The Department of Transportation shall
issue permits that authorize the use of studded tires. A permit
issued under this section does not authorize the use of studded
tires at any time the use of studded tires is not authorized
under ORS 815.165.
(2) The department shall issue permits that are valid for the
12-month period following issuance and permits that are valid for
the 24-month period following issuance.
(3) A person issued a permit under this section may not
transfer the permit from one vehicle to another.
(4) The department shall adopt rules necessary for the issuance
and administration of studded tire permits. The department may
enter into agreements as provided in ORS 802.600 with persons who
are not employees of the department authorizing the persons to
issue studded tire permits.
(5) Fees for permits issued under this section are provided in
section 3 of this 2003 Act. A person who enters into an agreement
with the department under ORS 802.600 for issuance of the permits
may issue the permits at a price determined by the person,
notwithstanding section 3 of this 2003 Act, but the person must
remit to the department the amount of the fee provided in section
3 of this 2003 Act for each permit issued.
(6) Moneys collected by or remitted to the department from fees
for permits issued under this section shall be distributed and
used as provided in section 6 of this 2003 Act. + }
SECTION 3. { + (1) The fee for a studded tire permit issued
under section 2 of this 2003 Act that is valid for 12 months is:
(a) If issued for a vehicle registered in Benton, Clackamas,
Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Multnomah, Polk,
Tillamook, Washington or Yamhill County, $___.
(b) If issued for a vehicle registered in Baker, Coos, Crook,
Curry, Deschutes, Douglas, Gilliam, Grant, Harney, Hood River,
Jackson, Jefferson, Josephine, Klamath, Lake, Malheur, Morrow,
Sherman, Umatilla, Union, Wallowa, Wasco or Wheeler County,
$___.
(2) The fee for a studded tire permit issued under section 2 of
this 2003 Act that is valid for 24 months is twice the amount of
the appropriate fee described in subsection (1) of this
section. + }
SECTION 4. { + (1) A person commits the offense of using
studded tires without a valid permit if the person operates on a
highway a vehicle that is registered in Oregon and that has
studded tires, or allows operation on a highway of a vehicle that
is registered in Oregon, that has studded tires and of which the
person is the registered owner, and a valid permit issued under
section 2 of this 2003 Act is not displayed on the vehicle.
(2) For purposes of this section, a valid permit is one that
has not expired and that indicates that the fee paid for the
permit is the fee established under section 3 of this 2003 Act
for the county in which the vehicle on which it is displayed is
registered.
(3) The offense described in this section, using studded tires
without a valid permit, is a Class D traffic violation.
(4) For purposes of this section, a rebuttable presumption
exists that a vehicle was operated on a highway if the vehicle is
parked on a highway or on a highway right of way.
(5) A citation may be issued under this section either to the
operator of the vehicle or to the registered owner of the vehicle
as shown by the records of the Department of Transportation. If
the vehicle is unoccupied, the citation shall be issued to the
registered owner as provided in section 5 of this 2003 Act. + }
SECTION 5. { + (1) In all prosecutions of the registered owner
of an unoccupied vehicle for violation of section 4 of this 2003
Act, it is sufficient for a police officer to charge the owner by
an unsworn written notice if the notice clearly states:
(a) The date, place and nature of the charge.
(b) The time and place for the owner's appearance in court.
(c) The name of the issuing officer.
(d) The registration plate number of the vehicle.
(2) The notice provided for in subsection (1) of this section
shall be delivered to the owner or placed in a conspicuous place
upon the vehicle involved in the violation. A duplicate original
of the notice shall serve as the complaint in the case when it is
filed with the court. In all other respects, the procedure
otherwise provided by law in such cases shall be followed.
Notwithstanding ORS 810.410, the issuing officer need not have
observed the act of operating the vehicle, but need only have
observed that the vehicle appeared to be operated in violation of
section 4 of this 2003 Act. + }
SECTION 6. { + (1) After payment of expenses of
administration, the Department of Transportation shall distribute
the moneys collected for studded tire permits issued under
section 2 of this 2003 Act as follows:
(a) 20 percent to cities, to be allocated and paid in the same
manner as moneys are allocated and paid under ORS 366.805 and
366.810;
(b) 30 percent to counties, to be allocated and paid in the
same manner as moneys are allocated and paid under ORS 366.530
and 366.535; and
(c) 50 percent to the department.
(2) Moneys distributed under this section may be used only for
highway preservation, as described in ORS 184.651 (2)(i). + }
SECTION 7. { + Persons who are authorized to enforce city
parking ordinances or regulations may issue citations for
violation of section 4 of this 2003 Act, using studded tires
without a valid permit, if the city by ordinance authorizes them
to do so. Persons authorized by this section to enforce section 4
of this 2003 Act shall be considered police officers for purposes
of section 5 of this 2003 Act. + }
SECTION 8. { + This 2003 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-second
Legislative Assembly adjourns sine die. + }
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