73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2611
 
                         House Bill 2807
 
Sponsored by Representative FLORES (at the request of Jim
  Bolgrin, Dave Mowry)
 
 
                             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.
 
  Authorizes for-hire carriers and private carriers to operate
vehicles with combined weight of 16,000 pounds or less in high
occupancy vehicle lane if displaying high occupancy vehicle use
permit in rear window or on rear bumper.
  Creates offense of improper use of high occupancy vehicle use
permit. Punishes by fine of $360.
 
                        A BILL FOR AN ACT
Relating to high occupancy vehicle use permits; creating new
  provisions; and amending ORS 811.325.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2005 Act are added to
and made a part of ORS chapter 825. + }
  SECTION 2.  { + (1) Notwithstanding ORS 811.265, a for-hire
carrier or a private carrier may operate a vehicle with a
combined weight of 16,000 pounds or less in a high occupancy
vehicle lane if the vehicle displays a high occupancy vehicle use
permit in the rear window or on the rear bumper of the vehicle.
  (2) The Department of Transportation shall issue a high
occupancy vehicle use permit to a for-hire carrier or a private
carrier that applies for the permit if:
  (a) The carrier's company policy or the insurance company
insuring the vehicle prohibits more than one occupant in the
vehicle;
  (b) The vehicle is only used in the regular course of business;
  (c) The high occupancy vehicle use permit is issued in the name
of the carrier only and not an individual; and
  (d) The carrier pays the department a $50 fee. + }
  SECTION 3.  { + (1) A person commits the offense of improper
use of a high occupancy vehicle use permit issued under section 2
of this 2005 Act if the person uses a vehicle in a high occupancy
vehicle lane and:
  (a) Displays a high occupancy vehicle use permit on the vehicle
in a location other than in the rear window or on the rear
bumper; or
  (b) Uses a vehicle displaying a high occupancy vehicle use
permit for a purpose that is not in the regular course of
business.
 
 
  (2) The offense described in this section, improper use of a
high occupancy vehicle use permit issued under section 2 of this
2005 Act, is a Class B traffic violation. + }
  SECTION 4. ORS 811.325 is amended to read:
  811.325. (1) A person commits the offense of failure to keep a
camper, trailer or truck in the right lane if the person is
operating any of the vehicles described in this subsection and
the person does not drive in the right lane of all roadways
having two or more lanes for traffic proceeding in a single
direction. This subsection applies to all of the following
vehicles:
  (a) Any camper.
  (b) Any vehicle with a trailer.
  (c) Any vehicle with a registration weight of 8,000 pounds or
more.
  (2) This section does not require the described vehicles to be
driven in the right lane under any of the following
circumstances:
  (a) When overtaking and passing another vehicle proceeding in
the same direction under the rules governing this movement in ORS
811.410 to 811.425 when such movement can be made without
interfering with the passage of other vehicles.
  (b) When preparing to turn left.
  (c) When reasonably necessary in response to emergency
conditions.
  (d) To avoid actual or potential traffic moving onto the right
lane from an acceleration or merging lane.
  (e) When necessary to follow traffic control devices that
direct use of a lane other than the right lane.
   { +  (f) When the vehicle is being driven in a high occupancy
vehicle lane and is displaying a high occupancy vehicle use
permit in the rear window or on the rear bumper of the
vehicle. + }
  (3) The offense described in this section, failure to keep
camper, trailer or truck in the right lane, is a Class B traffic
violation.
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