73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
 
                            Enrolled
 
                         House Bill 2811
 
Sponsored by Representative OLSON; Senator BURDICK
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to image display devices; creating new provisions; and
  amending ORS 815.240, 815.290, 820.400 and 821.010.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 815.240 is amended to read:
  815.240.  { + (1) As used in this section, 'image display
device' means equipment capable of displaying to the driver of a
motor vehicle:
  (a) A broadcast television image; or
  (b) A visual image from a digital video disc or video cassette
player. + }
    { - (1) - }  { +  (2) + }  { + Except as provided in
subsection (3) of this section, + } a person commits the offense
of unlawful use of   { - vehicle television equipment - }  { +
an image display device + } 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 motor vehicle
equipped with any   { - television viewer, screen or other means
of visually receiving a television broadcast that is any of the
following: - }
    { - (a) Located in the vehicle at any point forward of the
back of the driver's seat. - }
    { - (b) - }   { + image display device that is displaying a
broadcast television image or a visual image from a digital video
disc or video cassette player that is + } visible to the driver
while operating the motor vehicle.
   { +  (3) Subsection (2) of this section does not apply to:
  (a) Emergency vehicles; or
  (b) Use of image display devices that are displaying images for
navigational purposes. + }
    { - (2) - }  { +  (4) + } The offense described in this
section, unlawful use of   { - vehicle television equipment - }
 { +  an image display + }  { + device + }, is a Class B traffic
violation.
  SECTION 2. ORS 815.290 is amended to read:
  815.290. (1) In addition to any other specific exemptions
provided for implements of husbandry, implements of husbandry are
exempt from any requirements under the following:
  (a) ORS 815.075 and 815.100, relating to state requirements for
vehicle equipment.
  (b) ORS 811.515, 811.520, 816.040 to 816.290, 816.320, 816.330,
816.350 and 816.360, relating to requirements for and use of
lighting equipment.
 
 
Enrolled House Bill 2811 (HB 2811-B)                       Page 1
 
 
 
  (c) ORS 815.125 and 815.130, relating to brake requirements.
  (d) ORS 815.180 and 815.185, relating to fender and mudguard
requirements and use.
  (e) ORS 815.210, relating to material in windshields.
  (f) ORS 815.215, relating to requirements for windshield
wipers.
  (g) ORS 815.230, relating to vehicle sound equipment.
  (h) ORS 815.235, relating to rearview mirrors.
  (i) ORS 815.240, relating to   { - televisions - }  { +  image
display devices + } in vehicles. Limitations on the use of
 { - television equipment - }   { + image display devices + } in
implements of husbandry are provided in ORS 820.400.
  (j) ORS 815.250, relating to vehicle exhaust and exhaust
equipment.
  (2) This section does not exempt implements of husbandry from
the requirements for equipment and operation under ORS 820.400.
  SECTION 3. ORS 820.400 is amended to read:
  820.400. (1) A person commits the offense of unlawful operation
of an implement of husbandry if the person operates an implement
of husbandry in violation of any of the following:
  (a) Such vehicle must be driven as closely as is practicable to
the right-hand edge of the roadbed, including the shoulders, if
any.
  (b) Such vehicle, if the movement of the vehicle occurs during
the hours of darkness, must be equipped and operating two
headlights, clearance lights and reflectors marking the overall
width as far as practical and visible from the front, rear and
sides and a taillight.
    { - (c) No television viewer, screen or other means of
visually receiving a television broadcast shall be operated in an
implement of husbandry at any time while the implement of
husbandry is being operated on a highway. - }
   { +  (c) An image display device may not be operated in an
implement of husbandry at any time while the implement of
husbandry is being operated on a highway. As used in this
paragraph, 'image display device' has the meaning given that term
in ORS 815.240. + }
  (d) Such vehicle must display, when driven, a slow-moving
vehicle emblem described in ORS 815.060.
  (2) The offense described in this section, unlawful operation
of an implement of husbandry, is a Class D traffic violation.
  SECTION 4. ORS 821.010 is amended to read:
  821.010. (1) Any motor vehicle designed for or capable of
cross-country travel on or immediately over land, water, sand,
snow, ice, marsh, swampland or other natural terrain is exempt
from the sections governing vehicle equipment described in this
section if the vehicle:
  (a) Is operated in an area described under ORS 821.020; and
  (b) Complies with the equipment requirements under ORS 821.040.
  (2) The exemption under this section is an exemption from the
prohibitions under all of the following paragraphs:
  (a) Nonstandard lighting equipment under ORS 816.300.
  (b) Required lighting equipment under ORS 816.330.
  (c) Prohibited lighting equipment under ORS 816.360.
  (d) Violation of state equipment administrative rules under ORS
815.100.
  (e) Slow-moving vehicle emblem requirements under ORS 815.115.
  (f) Mudguard and fender requirements under ORS 815.185.
  (g) Visible emission limits under ORS 815.200.
  (h) Requirements for window materials under ORS 815.040.
 
 
Enrolled House Bill 2811 (HB 2811-B)                       Page 2
 
 
 
  (i) Obstruction of windows under ORS 815.220.
  (j) Limits on sound equipment under ORS 815.225.
  (k) Sound equipment requirements under ORS 815.230.
  (L) Rearview mirror requirements under ORS 815.235.
  (m) Limits on   { - television - }  { +  image display
device + } use under ORS 815.240.
  (n) Exhaust system requirements under ORS 815.250.
  (o) Speedometer requirements under ORS 815.255.
  (p) Disposal system requirements under ORS 815.260.
  (q) Helmet requirements under ORS 814.260 to 814.280.
  SECTION 5.  { + The amendments to ORS 815.240 and 820.400 by
sections 1 and 3 of this 2005 Act apply to offenses committed on
or after the effective date of this 2005 Act. + }
                         ----------
 
 
Passed by House May 18, 2005
 
Repassed by House June 29, 2005
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 27, 2005
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2811 (HB 2811-B)                       Page 3
 
 
 
 
 
Received by Governor:
 
......M.,............., 2005
 
Approved:
 
......M.,............., 2005
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2005
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2811 (HB 2811-B)                       Page 4