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 771
Senate Bill 181
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 Governor Theodore R.
Kulongoski for the Department of Transportation)
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.
Modifies role of Department of Transportation in establishing
and enforcing standards for vehicle equipment. Prohibits covers
on certain vehicle equipment.
Creates offense of unlawful viewing of display screen of
electronic device. Imposes maximum fine of $300.
A BILL FOR AN ACT
Relating to vehicle equipment; creating new provisions; and
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
United States of America Standards Institute or the United States
Bureau of Standards + }.
(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.
(c) The side windows on either side forward of or adjacent to
the operator's seat.
(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.
(c) Road machinery, road rollers or farm tractors.
(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.
(c) A trailer towed with a fifth wheel hitch if the trailer is
equipped with all of the following:
(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.
(C) At least one unobstructed exit capable of being opened from
both the interior and exterior of 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
(c) The total light transmittance through the window with the
tinting material applied is 35 percent or more.
(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. s571.205 (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.
(c) Tinting material that is in liquid preapplication form and
is brushed or sprayed on.
{ - (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;
(c) The light reflectance of the tinting material; and
(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, the United States of
America Standards Institute or the United States Bureau of
Standards.
(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.
(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 that tend to change the original
brake light design or performance 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.
(c) Farm tractors, implements of husbandry and farm trailers.
(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.
(c) Registration plate lights.
(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.
(c) Vehicles issued a permit under ORS 818.260.
(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.
(c) Funeral lead vehicles and funeral escort vehicles used to
escort funeral processions.
(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 not be equipped with covers on any of
the following:
(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. + }
SECTION 32. { + Section 33 of this 2003 Act is added to and
made a part of ORS chapter 815. + }
SECTION 33. { + (1) A person commits the offense of unlawful
viewing of the display screen of an electronic device if the
person is:
(a) Operating a motor vehicle; and
(b) Viewing on the display screen of an electronic device in
the motor vehicle any material that does not aid the person in
the safe operation of the motor vehicle.
(2) The provisions of subsection (1) of this section do not
apply to a person who is operating a police, fire, ambulance or
emergency vehicle and who views on the display screen of an
electronic device in the vehicle any material that aids the
person in performing emergency activities.
(3) The offense described in this section, unlawful viewing of
the display screen of an electronic device, is a Class B traffic
violation. + }
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