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 2989
House Bill 2856
Sponsored by Representative MERKLEY (at the request of Terance
Carpenter)
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.
Increases penalties for offenses of causing unreasonable noise
with vehicle and operation without proper exhaust system.
Punishes each offense with maximum fine of $360.
A BILL FOR AN ACT
Relating to traffic violations; creating new provisions; and
amending ORS 815.025 and 815.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 815.025 is amended to read:
815.025. (1) A person commits the offense of causing
unreasonable noise with a vehicle if the person operates upon any
highway any motor vehicle so as to cause any greater noise or
sound than is reasonably necessary for the proper operation of
the vehicle.
(2) The offense described in this section, causing unreasonable
noise with a vehicle, is a Class { - D - } { + B + } traffic
violation.
SECTION 2. ORS 815.250 is amended to read:
815.250. (1) A person commits the offense of operation without
proper exhaust system 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 is not equipped with an
exhaust system that meets the requirements under this section.
(2) An exhaust system only meets the requirements of this
section if all of the following apply:
(a) The exhaust system must be in good working order.
(b) The exhaust system must be in constant operation.
(c) The exhaust system must meet noise emission standards
determined by the Department of Environmental Quality to be
substantially equivalent to the following standards based upon a
stationary test conducted at a distance of 25 feet in accordance
with procedures established by the Department of Environmental
Quality:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Maximum
level, Model,
Vehicle type dBA Year
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
I. Motor vehicles
required to
establish a
registration
weight under
ORS 803.430
and commercial
buses 94....before
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
91....1976 and
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
after
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
II.Motorcycles and
mopeds 94....before
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
91....1976
89....after 1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
IIIMotor vehicles
not described
under I or II 92....before
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
88....1976 and
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
after
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(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) Street rods that conform to ORS 815.107.
(b) Road machinery, road rollers or farm tractors.
(c) Antique motor 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.
(4) The court in its discretion may dismiss a citation issued
for violation of the offense described in this section if
evidence is presented that the exhaust system complies with or
has been repaired or modified to comply with the requirements
under this section.
(5) The offense described in this section, operation without
proper exhaust system, is a Class { - C - } { + B + } traffic
violation.
SECTION 3. { + The amendments to ORS 815.025 and 815.250 by
sections 1 and 2 of this 2005 Act apply to offenses committed on
or after the effective date of this 2005 Act. + }
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