72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 787
Sponsored by Senator BROWN; Representative KROPF
CHAPTER ................
AN ACT
Relating to electric motor vehicles; creating new provisions; and
amending ORS 803.030, 803.305, 806.020, 807.020, 811.050,
811.440, 811.525, 814.470, 815.135, 815.230, 815.280, 816.310,
816.340 and 822.015.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2, 10, 11, 12 and 20 of this 2003 Act
are added to and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + ' Electric personal assistive mobility device
' means a device that:
(1) Is self-balancing on two nontandem wheels;
(2) Is designed to transport one person in a standing position;
(3) Has an electric propulsion system; and
(4) Has a maximum speed of 15 miles per hour. + }
SECTION 3. ORS 803.030 is amended to read:
803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
(1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
(3) Manufactured structures are subject to ORS 803.025 as
provided under ORS 820.500 and 820.530.
(4) Snowmobiles, Class I all-terrain vehicles and Class III
all-terrain vehicles are not subject to the requirements under
ORS 803.025. The requirements and procedures for titling
snowmobiles are as provided under ORS 821.060 and 821.070.
(5) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
(6) Trolleys are exempt from the requirements for title.
(7) Bicycles are exempt from the requirements for title.
(8) United States Government owned and operated motor vehicles
and trailers are exempt from the requirements for title.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from the requirements for title.
Enrolled Senate Bill 787 (SB 787-A) Page 1
(10) Fixed load vehicles are exempt from the requirements for
title while operated within the immediate construction project,
as described in the governmental agency contract, in the
construction or reconstruction of state or county roads, highways
or city streets.
(11) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements
for title while:
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the federal government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
(12) Farm trailers are exempt from requirements for title when
the operation or movement of the vehicle upon the highways is
incidental to its use in an agricultural operation.
(13) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
(14) Golf carts or similar vehicles are exempt from
requirements for title when:
(a) They have not less than three wheels in contact with the
ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than
15 miles per hour; and
(d) They are operated by disabled persons.
(15) The nonresident owners of vehicles currently registered
and titled in any other country, state or territory may operate
such vehicles over the highways of this state without complying
with the titling requirements under ORS 803.025. All of the
following apply to this subsection:
(a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
Enrolled Senate Bill 787 (SB 787-A) Page 2
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicle dealers issued certificates under ORS 822.020 may
use and operate untitled vehicles as provided under ORS 822.040.
(17) Towing businesses issued certificates under ORS 822.205
may tow untitled vehicles as provided under ORS 822.210.
(18) Vehicle transporters issued certificates under ORS 822.310
may transport untitled vehicles as provided in ORS 822.310.
(19) Untitled vehicles may be operated under trip permits
described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
(20) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from the
requirements for title.
(21)(a) Vehicles that are registered under the proportional
registration provisions of ORS chapter 826 and are titled in a
jurisdiction other than Oregon are exempt from the requirements
for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
(22) Converter dollies and tow dollies are exempt from the
requirements for title.
{ + (23) Electric personal assistive mobility devices are
exempt from the requirements for title. + }
SECTION 4. ORS 803.305 is amended to read:
803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
(1) Road rollers, farm tractors, trolleys and traction engines
are exempt from registration.
(2) Bicycles are exempt from registration.
(3) A vehicle is exempt from registration if it has
registration issued for the vehicle by the Armed Forces of the
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
(4) A vehicle is exempt from registration if it is not operated
on the highways of this state. No manufactured structure is
exempt by this subsection. This subsection does not affect any
exemption established under ORS 820.510.
Enrolled Senate Bill 787 (SB 787-A) Page 3
(5) A trailer is exempt from registration if it is equipped
with pneumatic tires made of elastic material and is not operated
in this state with a loaded weight of more than 1,800 pounds. No
trailer for hire, travel trailer, camper or manufactured
structure is exempt by this subsection.
(6) Vehicles owned and operated by the United States Government
are exempt from registration.
(7) Snowmobiles are subject to the requirements for
registration provided under ORS 821.080 to 821.110.
(8) Manufactured structures are subject to ORS 803.300 as
provided under ORS 820.500, 820.510 and 820.530.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from registration.
(10) Farm tractors and farm trailers on highways are exempt
from registration when the operation of the vehicle upon the
highway is incidental to its use in an agricultural operation.
(11) Fixed load vehicles are exempt from registration while the
vehicles are operated:
(a) In the construction or reconstruction of state or county
roads, highways or city streets; and
(b) Within the immediate construction projects, as described in
the governmental agency contract under which the work is being
performed.
(12) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from registration
while being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute.
The exemption under this subsection applies to the vehicles or
equipment described while being moved to or from the work area.
The exemption under this subsection only applies to vehicles or
equipment owned, leased, contracted for or requisitioned by the
State Forester or State Board of Forestry, a contractor of the
State Forester or State Board of Forestry under ORS chapter 477
or the United States Government.
(13) Vehicles being used for the purposes of forest protection
and fire suppression are exempt if the vehicles are necessary in
order to comply with ORS 477.615 or 477.650 or a similar federal
statute. The exemption under this subsection also applies to the
vehicles described being moved to or from the work area.
(14) Golf cart exemptions from registration are as provided in
ORS 820.210.
(15) Vehicles currently registered and titled in any other
country, state or territory are not required to be registered by
this state. All of the following apply to this subsection:
(a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
Enrolled Senate Bill 787 (SB 787-A) Page 4
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicles operated or used by vehicle dealers may be
operated or used without registration as provided under ORS
822.040.
(17) Vehicles towed by towing businesses may be towed without
registration as provided under ORS 822.210.
(18) Vehicles without registration may be transported by
vehicle transporters as provided under ORS 822.310.
(19) Vehicles that are not registered may be operated under
trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
(20) If trailers that are part of a fleet of trailers for hire
are properly registered in this state under an agreement entered
into pursuant to ORS 802.500, all trailers that are identified as
being a part of the same fleet and that are currently registered
in any state, territory, province, country or the District of
Columbia shall be permitted to operate in this state in both
interstate and intrastate commerce without being registered by
this state.
(21) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from registration.
(22) Tow dollies and converter dollies are exempt from
registration.
(23) Class I and Class III all-terrain vehicles are exempt from
registration.
(24) Motor assisted scooters are exempt from registration.
{ + (25) Electric personal assistive mobility devices are
exempt from registration. + }
SECTION 5. ORS 806.020 is amended to read:
806.020. This section provides exemptions from the necessity
for compliance with or proof of compliance with financial
responsibility requirements in accident reports under ORS
811.725, when applying for vehicle registration under ORS 803.370
or 803.460 and for operating a vehicle under ORS 806.010. The
owner or operator of a vehicle is exempt, as provided by this
section, from financial responsibility requirements if the
vehicle involved in the accident, sought to be registered or
operated is any of the following:
Enrolled Senate Bill 787 (SB 787-A) Page 5
(1) An antique motor vehicle issued permanent registration
under ORS 805.010.
(2) A farm trailer.
(3) A farm tractor.
(4) An implement of husbandry.
(5) A motor vehicle of special interest that is maintained as a
collector's item and used for exhibitions, parades, club
activities and similar uses, but not used primarily for the
transportation of persons or property.
(6) A snowmobile, Class I or Class III all-terrain vehicle.
(7) Any motor vehicle when the owner of the vehicle has
submitted to the Department of Transportation a statement, in
such form as may be required by the department, declaring that
the vehicle is continuously not being operated on the highways of
this state and explaining the reasons therefor. A person who
falsely certifies under this subsection is subject to penalty
under ORS 806.030.
(8) A motor assisted scooter.
{ + (9) An electric personal assistive mobility device. + }
SECTION 6. ORS 807.020 is amended to read:
807.020. A person who is granted a driving privilege by this
section may exercise the driving privilege described without
violation of the requirements under ORS 807.010. A grant of
driving privileges to operate a motor vehicle under this section
is subject to suspension and revocation the same as other driving
privileges granted under the vehicle code. This section is in
addition to any exemptions from the vehicle code under ORS
801.026. The following persons are granted the described driving
privileges:
(1) A person who is not a resident of this state may operate a
motor vehicle without an Oregon license or driver permit if the
person holds a current out-of-state license issued to the person
by the person's home jurisdiction. To qualify under this
subsection, the person must have the out-of-state license or
driver permit in the person's possession. A person is not granted
driving privileges under this subsection:
(a) If the person is under the minimum age required to be
eligible for driving privileges under ORS 807.060;
(b) During a period of suspension or revocation by this state
or any other jurisdiction of driving privileges or of the right
to apply for a license or driver permit issued by this state or
any other jurisdiction; or
(c) That exceed the driving privileges granted to the person by
the home jurisdiction of the person.
(2) A person in the Armed Forces of the United States may
operate a motor vehicle without an Oregon license or driver
permit if the person:
(a) Has a current out-of-state license or driver permit issued
by the Armed Forces; and
(b) Is operating an official motor vehicle in the course of the
person's duties in the Armed Forces.
(3) A person without a license or driver permit may operate a
road roller or road machinery that is not required to be
registered under the laws of this state.
(4) A person without a license or driver permit may temporarily
operate, draw, move or propel a farm tractor or implement of
husbandry.
(5) A person without a license or driver permit may operate a
motor vehicle to demonstrate driving ability during the course of
an examination administered under ORS 807.070 for the purpose of
Enrolled Senate Bill 787 (SB 787-A) Page 6
qualifying for a license or driver permit. This subsection only
applies when an authorized examiner is in a seat beside the
driver of the motor vehicle.
(6) Driving privileges for snowmobiles are exclusively as
provided in ORS 821.150.
(7) Driving privileges for Class I all-terrain vehicles are
exclusively as provided in ORS 821.170.
(8) Driving privileges for Class III all-terrain vehicles are
exclusively as provided in ORS 821.172.
(9) A person without a license or driver permit may operate a
golf cart in accordance with an ordinance adopted under ORS
810.070.
(10) The spouse of a member of the Armed Forces of the United
States on active duty who is accompanying the member on
assignment in this state may operate a motor vehicle if the
spouse has a current out-of-state license or driver permit issued
to the spouse by another state in the spouse's possession.
(11) A person who is a member of the Armed Forces of the United
States on active duty may operate a motor vehicle if the person
has a current out-of-state license or driver permit in the
person's possession that is issued to the person by the person's
state of domicile or by the Armed Forces of the United States in
a foreign country. Driving privileges described under this
subsection that are granted by the Armed Forces apply only for a
period of 45 days from the time the person returns to the United
States.
(12) A person who does not hold a motorcycle indorsement may
operate a motorcycle if the person is:
(a) Within an enclosed cab; or
(b) Operating a vehicle designed to travel with three wheels in
contact with the ground at speeds of less than 15 miles per hour.
(13) A person may operate a bicycle that is not an electric
assisted bicycle without any grant of driving privileges.
(14) A person may operate an electric assisted bicycle without
a driver license or driver permit if the person is 16 years of
age or older.
(15) A person may operate a motor assisted scooter without a
driver license or driver permit if the person is 16 years of age
or older.
(16) A person who is not a resident of this state may operate a
motor vehicle without an Oregon license or driver permit if the
person is at least 15 years of age and has in the person's
possession a current out-of-state equivalent of a Class C
instruction driver permit issued to the person by the person's
home jurisdiction. A person operating a motor vehicle under
authority of this subsection has the same privileges and is
subject to the same restrictions as a person operating under the
authority of a Class C instruction driver permit issued as
provided in ORS 807.280.
{ + (17) A person may operate an electric personal assistive
mobility device without any grant of driving privileges if the
person is 16 years of age or older. + }
SECTION 7. ORS 811.050 is amended to read:
811.050. (1) A person commits the offense of failure of a motor
vehicle operator to yield to a rider on a bicycle lane if the
person is operating a motor vehicle and the person does not yield
the right of way to a person operating a bicycle, electric
assisted bicycle, { + electric personal assistive mobility
device, + } moped, motor assisted scooter or motorized wheelchair
upon a bicycle lane.
Enrolled Senate Bill 787 (SB 787-A) Page 7
(2) This section does not require a person operating a moped to
yield the right of way to a bicycle or a motor assisted scooter
if the moped is operated on a bicycle lane in the manner
permitted under ORS 811.440.
(3) The offense described in this section, failure of a motor
vehicle operator to yield to a rider on a bicycle lane, is a
Class B traffic violation.
SECTION 8. ORS 811.440 is amended to read:
811.440. This section provides exemptions from the prohibitions
under ORS 811.435 and 814.210 against operating motor vehicles on
bicycle lanes and paths. The following vehicles are not subject
to ORS 811.435 and 814.210 under the circumstances described:
(1) A person may operate a moped on a bicycle lane that is
immediately adjacent to the roadway only while the moped is being
exclusively powered by human power.
(2) A person may operate a motor vehicle upon a bicycle lane
when:
(a) Making a turn;
(b) Entering or leaving an alley, private road or driveway; or
(c) Required in the course of official duty.
(3) An implement of husbandry may momentarily cross into a
bicycle lane to permit other vehicles to overtake and pass the
implement of husbandry.
(4) A person may operate a motorized wheelchair on a bicycle
lane or path.
(5) A person may operate a motor assisted scooter on a bicycle
lane or path.
{ + (6) A person may operate an electric personal assistive
mobility device on a bicycle lane or path. + }
SECTION 9. ORS 811.525 is amended to read:
811.525. This section establishes exemptions from ORS 811.515
and 811.520. The exemptions under this section are in addition to
any exemptions under ORS 801.026. The exemptions established
under this section are partial or complete as described in the
following:
(1) ORS 811.515 and 811.520 shall not be construed to prohibit
the use of additional parts and accessories on any vehicle not
inconsistent with the provisions of those sections.
(2) Except for the provisions relating to exempt-vehicle safety
lighting equipment, ORS 811.515 and 811.520 do not apply to any
of the following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(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.
(3) Whenever motor and other vehicles are operated in
combination during the time that lights are required, any
lighting equipment, except the taillight, which by reason of its
location on a vehicle of the combination would be obscured by
another vehicle of the combination, need not be lighted. This
subsection shall not affect the requirement that lighted
clearance lights be displayed on the front of the foremost
vehicle required to have clearance lights nor the requirement
that all lights on the rear of the rearmost vehicle of the
combination be lighted.
(4) Lighting equipment on bicycles shall be lighted as required
under ORS 815.280.
Enrolled Senate Bill 787 (SB 787-A) Page 8
(5) Parked or stopped vehicles are not required to display
parking lights if the road authority for the highway provides by
ordinance or resolution that no lights need be displayed upon a
vehicle parked on the highway in accordance with legal parking
regulations where there is sufficient light to render clearly
discernible any person or object within a distance of 500 feet
from the highway.
(6) Nothing under ORS 811.515 and 811.520 limits the ability to
use the following lights with any other lights during the day or
at night:
(a) Public vehicle warning lights.
(b) Pilot vehicle warning lights.
(c) Tow vehicle warning lights.
(d) Police lights.
(e) Warning lights on vehicles at the scene of an actual or
potential release of hazardous materials, as described in ORS
816.280.
(f) Warning lights on vehicles being used by medical examiners
to reach the scene of an accident or of a death investigation, as
described in ORS 816.280.
(7) Requirements for use of motorcycle and moped headlights are
under ORS 814.320.
{ + (8) Requirements for lighting equipment for an electric
personal assistive mobility device are under section 10 of this
2003 Act. + }
SECTION 10. { + (1) A person commits the offense of violation
of electric personal assistive mobility device equipment
requirements if the person:
(a) Operates an electric personal assistive mobility device
during times of limited visibility conditions and the electric
personal assistive mobility device or the operator is not
equipped with and using the following:
(A) A white light visible from a distance of at least 500 feet
to the front and sides of the electric personal assistive
mobility device; and
(B) A red reflector, lighting device or material of such size
or characteristic as to be visible from all distances up to 600
feet to the rear when the electric personal assistive mobility
device is directly in front of lawful lower beams of headlights
on a motor vehicle; or
(b) Installs or uses any siren or whistle upon an electric
personal assistive mobility device.
(2) Nothing in this section prohibits the use of additional
parts and accessories not inconsistent with this section.
(3) The offense described in this section, violation of
electric personal assistive mobility device equipment
requirements, is a Class D traffic violation. + }
SECTION 11. { + (1) An electric personal assistive mobility
device is not a motor vehicle for purposes of the Oregon Vehicle
Code, except when specifically provided by statute.
(2) A person operating an electric personal assistive mobility
device on a bicycle lane, bicycle path or any part of a highway
is subject to any provisions applicable to and has the same
rights and duties as the driver of a bicycle when operating on a
bicycle lane, bicycle path or any part of a highway, except when
otherwise specifically provided by statute.
(3) A person operating an electric personal assistive mobility
device on a sidewalk is subject to any provisions applicable to
and has the same rights and duties as a pedestrian on a sidewalk,
except when otherwise specifically provided by statute.
Enrolled Senate Bill 787 (SB 787-A) Page 9
(4) Subject to the provisions of subsections (1) to (3) of this
section, for purposes of the vehicle code:
(a) An electric personal assistive mobility device is a
vehicle; and
(b) When the term 'vehicle' is used the term shall be deemed to
be applicable to electric personal assistive mobility devices,
except those provisions that by their very nature can have no
application to the devices.
(5) The provisions of the vehicle code relating to the
operation of an electric personal assistive mobility device do
not relieve an operator or motorist from the duty to exercise due
care. + }
SECTION 12. { + (1) A person commits the offense of unsafe
operation of an electric personal assistive mobility device if:
(a) The person is operating an electric personal assistive
mobility device on a highway that has a designated or posted
speed limit greater than 35 miles per hour or that has no
designated or posted speed limit, and the person is not in a
bicycle lane or crossing the highway;
(b) The person is operating an electric personal assistive
mobility device on a bicycle lane, bicycle path or any part of a
highway at a speed greater than 15 miles per hour;
(c) The person is operating an electric personal assistive
mobility device on a sidewalk in a careless manner that endangers
or would be likely to endanger any person or property;
(d) The person is operating an electric personal assistive
mobility device on a bicycle lane, bicycle path, sidewalk or
other premises open to the public and the person carries another
person on the electric personal assistive mobility device;
(e) The person is operating an electric personal assistive
mobility device at a speed greater than an ordinary walk when
approaching a crosswalk, approaching or entering a driveway or
crossing a curb cut or pedestrian ramp and a motor vehicle is
approaching the crosswalk, driveway, curb cut or pedestrian ramp;
or
(f) The person is operating an electric personal assistive
mobility device on a sidewalk and does not give an audible
warning before overtaking and passing a pedestrian and does not
yield the right of way to all pedestrians on the sidewalk.
(2) The offense described in this section, unsafe operation of
an electric personal assistive mobility device, is a Class D
traffic violation. + }
SECTION 13. ORS 814.470 is amended to read:
814.470. (1) A person commits the offense of failure to use a
bicycle seat if the person is operating a bicycle and the person
rides other than upon or astride a permanent and regular seat
attached to the bicycle.
{ + (2) A person operating an electric personal assistive
mobility device is not subject to this section. + }
{ - (2) - } { + (3) + } The offense described in this
section, failure to use bicycle seat, is a Class D traffic
violation.
{ + NOTE: + } Section 14 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 15. ORS 815.135 is amended to read:
815.135. This section establishes exemptions from ORS 815.130.
The exemptions 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:
Enrolled Senate Bill 787 (SB 787-A) Page 10
(1) The following vehicles shall be deemed in compliance with
the brake requirements if the vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and maintained in safe operating condition:
(a) Except as provided in subsection (2) of this section, motor
vehicles of special interest that are registered under ORS
805.020.
(b) Antique motor vehicles that are registered under ORS
805.010.
(2) Motor vehicles of special interest that are registered
under ORS 805.020 and that are street rods, as defined in ORS
801.513, shall be deemed in compliance with the brake
requirements if the street rods conform to ORS 815.107.
(3) The following vehicles are exempt from the brake
requirements:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
{ + (d) Electric personal assistive mobility devices. + }
SECTION 16. ORS 815.230 is amended to read:
815.230. (1) A person commits the offense of violation of
vehicle sound equipment requirements if the person drives or
moves on any highway or owns and causes or knowingly permits to
be driven on any highway any vehicle that violates any of the
following equipment provisions:
(a) A motor vehicle must be equipped with a horn in good
working order, capable of emitting sounds audible under normal
conditions from a distance of not less than 200 feet.
(b) No vehicle shall be equipped with any bell, siren,
compression or exhaust whistle.
(2) This section is subject to the exemptions under this
subsection in addition to any exemptions under ORS 801.026. The
exemptions under this subsection are partial or complete as
described in the following:
(a) Authorized emergency vehicles are subject to sound
equipment requirements and limitations as provided in ORS 820.370
and 820.380.
(b) Vehicles of special interest that are registered under ORS
805.020 are not subject to this section if the vehicles are:
(A) Equipped with original manufacturer's equipment and
accessories, or their equivalent, and are maintained in safe
operating condition; or
(B) Street rods that conform to ORS 815.107.
(c) Bicycles are subject to requirements and limitations on
sound equipment as provided under ORS 815.280.
(d) Antique vehicles are not subject to the requirements if the
vehicles 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.
(e) The requirements do not apply to road machinery, road
rollers and farm tractors.
{ + (f) Electric personal assistive mobility devices are
subject to requirements and limitations on sound equipment as
provided under section 10 of this 2003 Act. + }
(3) The offense described in this section, violation of vehicle
sound equipment requirements, is a Class C traffic violation.
SECTION 17. 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:
Enrolled Senate Bill 787 (SB 787-A) Page 11
(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 with this section.
{ + (4) This section does not apply to electric personal
assistive mobility devices. Equipment requirements for electric
personal assistive mobility devices are provided in section 10 of
this 2003 Act. + }
{ - (4) - } { + (5) + } The offense described in this
section, violation of bicycle equipment requirements, is a Class
D traffic violation.
SECTION 18. ORS 816.310 is amended to read:
816.310. This section establishes exemptions from ORS 816.040
to 816.300. The exemptions under this section are in addition to
any exemptions under ORS 801.026. The exemptions established
under this section are partial or complete as described in the
following:
(1) ORS 816.040 to 816.300 shall not be construed to prohibit
the use of additional parts and accessories on any vehicle not
inconsistent with the provisions of those sections.
(2) Lighting equipment used on vehicles of special interest
that are registered under ORS 805.020 shall be deemed in
compliance with ORS 816.040 to 816.300 if the equipment is
original manufacturer's equipment and accessories, or their
equivalent and if the equipment is maintained in safe operating
condition.
(3) ORS 816.040 to 816.300 do not apply to equipment on any of
the following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(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.
Enrolled Senate Bill 787 (SB 787-A) Page 12
(e) Motorized wheelchairs when used as permitted under ORS
811.440.
(4) On any combination of vehicles, only the lighting equipment
on the rearmost vehicle in the combination of vehicles need be
visible from distances specified under ORS 816.040 to 816.290 for
lighting equipment on the rear of vehicles.
(5) Lighting equipment on bicycles shall meet the requirements
established for such equipment under ORS 815.280.
(6) Vehicle lighting equipment requirements for ambulances and
emergency vehicles are established in ORS 820.350.
{ + (7) Lighting equipment on electric personal assistive
mobility devices shall meet the requirements established in
section 10 of this 2003 Act. + }
SECTION 19. 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 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.
(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.
{ + (10) Electric personal assistive mobility devices shall
be equipped with lighting equipment as required under section 10
of this 2003 Act. + }
SECTION 20. { + Local governments and state agencies having
jurisdiction over public highways, sidewalks, alleys, bridges,
trails, recreational roads and other ways of public passage may
regulate by ordinance or rule and by traffic control device the
time, place and manner of operation of electric personal
Enrolled Senate Bill 787 (SB 787-A) Page 13
assistive mobility devices, including prohibiting their use
entirely. + }
SECTION 21. ORS 822.015 is amended to read:
822.015. In addition to any exemptions from the vehicle code
under ORS 801.026, ORS 822.005 does not apply to the following
vehicles or persons:
(1) Road rollers, farm tractors, farm trailers, trolleys,
implements of husbandry, emergency vehicles, well-drilling
machinery and boat or utility trailers with a gross weight of
1,800 pounds or less.
(2) The owner of a vehicle as shown by the vehicle title issued
by any jurisdiction if the person owned the vehicle primarily for
personal, family or household purposes. If the person has sold,
traded, displayed or offered for sale, trade or exchange more
than five vehicles in one calendar year, the person shall have
the burden of proving that the person owned the vehicles
primarily for personal, family or household purposes or for other
purposes that the Department of Transportation, by rule, defines
as constituting an exemption under this section.
(3) A receiver, trustee, personal representative or public
officer while performing any official duties.
(4) A real estate licensee representing a buyer or seller in a
transaction involving a manufactured structure considered real
property under ORS 308.875 or 820.510.
(5) The lessor or security interest holder of a vehicle as
shown by the vehicle title issued by any jurisdiction.
(6) Except as otherwise provided in this subsection, a
manufacturer who sells vehicles the manufacturer has manufactured
in Oregon or manufactured structures that the manufacturer has
manufactured anywhere. Nothing in this subsection prevents any
manufacturer from obtaining a vehicle dealer certificate under
ORS 822.020. This subsection does not exempt a manufacturer who
sells or trades campers or travel trailers.
(7) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(8) Except as otherwise provided in this subsection, a person
who sells or trades or offers to sell or trade a vehicle that has
been used in the operation of the person's business. This
subsection does not exempt a person who is in the business of
selling, trading, displaying, rebuilding, renting or leasing
vehicles from any requirement to obtain a certificate for dealing
in those vehicles.
(9) A person who is licensed as a vehicle dealer in another
jurisdiction who is participating with other dealers in a display
of vehicles, including but not limited to an auto show or a
manufactured home show. This subsection applies only if the
display is an event that lasts for 10 days or less and is an
event for which the public is charged admission.
(10) A person who receives no money, goods or services, either
directly or indirectly, for displaying a vehicle or acting as an
agent in the buying or selling of a vehicle.
(11) A person who collects, purchases, acquires, trades or
disposes of vehicles and vehicle parts for the person's own use
in order to preserve, restore and maintain vehicles for the
person's own use or for hobby or historical purposes.
{ + (12) Electric personal assistive mobility devices. + }
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Enrolled Senate Bill 787 (SB 787-A) Page 14
Passed by Senate April 29, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 19, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 787 (SB 787-A) Page 15
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 787 (SB 787-A) Page 16