Chapter 406
AN ACT
HB 2567
Relating to tires with retractable studs; amending ORS 815.045, 815.165
and 815.167.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 815.045 is amended to read:
815.045. (1) The
(a) Shall establish the
various types of conditions under which vehicle traction tires or chains must
be used.
(b) Shall define types
of vehicle traction tires or chains that may be used under various road
conditions. The commission rules under this paragraph shall comply with the
following:
(A) Traction tire shall
be defined to include any tire that meets traction standards established by the
Department of Transportation.
(B) Retractable
studded tires or tires with studs that are permitted under ORS 815.165
shall be allowed as traction tires under the rules.
(C) The department may
require that traction tires without studs bear identifying marks, defined by
the department, that indicate that the tire was manufactured specifically for
adverse weather conditions.
(D) Chains shall be
defined to include link chains, cable chains or any other device that attaches
to the wheel, vehicle or outside of the tire and that augments the traction of
a vehicle.
(E) Retractable
studded tires shall be defined to include tires with embedded studs that
project beyond the tread surface only when a vehicle operator extends the studs
to augment the traction of the vehicle.
(c) Shall establish
signs to be posted under conditions that require vehicle traction tires or
chains.
(d) May establish types
or classes of vehicles that are exempt from requirements to use vehicle
traction tires or chains under certain conditions if the commission determines
that the operation of the class or type of vehicle would be safe under those
conditions.
(2) A road authority
shall:
(a) Determine when
conditions on a segment of highway require the use of vehicle traction tires or
chains as defined by the commission;
(b) Determine which
segments of a highway shall be posted as described under this section to
require vehicle traction tires or chains; and
(c) Provide for the
placement and removal of signs requiring the use of vehicle traction tires or
chains.
SECTION 2.
ORS 815.165 is amended to read:
815.165. This section
establishes exemptions from ORS 815.160. The exemptions under this section are
in addition to any under ORS 801.026. Exemptions are partial or complete as
described in the following:
(1) Any vehicle on any
way, thoroughfare or place owned by a district formed under ORS chapters 545,
547, 551 or a corporation formed under ORS chapter 554.
(2) Any vehicle on any
road or thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used pursuant to any
agreement with any agency of the United States or with a licensee of such
agency or both.
(3) Operations approved
under a variance permit issued under ORS 818.200 are subject to the terms of
the permit. It shall be a defense to any charge of violation of ORS 815.160 if
the person so charged produces a variance permit issued under ORS 818.200
authorizing the operation issued prior to and valid at the time of the offense.
(4) Vehicles actually
engaged at the time in construction or repair of highways in this state.
(5) Traction engines
moved upon dirt or unimproved roads.
(6) Vehicles equipped
with chains as defined in ORS 815.045.
(7) Between November 1
of any year and April 1 of the following year, vehicles equipped with any tire
having on its periphery studs of metal or other material [extending] projecting beyond the tread surface of the tire
not less than four-hundredths (0.04) inch nor more than six-hundredths (0.06)
inch and made of such material that the studs will wear, through use, at the
same rate as the tread surface of the tire. When the preservation of the
highway surface or the safety of the traveling public so indicates, the
Department of Transportation shall have the authority to shorten or lengthen
the period for the permissible use of such tires in any area of the state
specifically designated by the department.
(8) School buses with a
loaded weight of 10,000 pounds or more.
(9) Emergency vehicles
and ambulances used in an emergency situation.
(10) Motor vehicles used
for regularly scheduled medical transport services.
(11) The owner or lessee
of any land adjoining any highway may move across or along the highway any
tractor or implement of husbandry for the purpose of planting, cultivating,
caring for or harvesting any crop, on condition that the owner or lessee shall
be liable to the State of Oregon for the benefit of the State Highway Fund with
respect to state highways, or to the proper county for the benefit of the
county road fund with respect to county highways, for any damage or injury done
to the highway by the movement.
(12) Vehicles
equipped with retractable studded tires as defined in ORS 815.045.
SECTION 3.
ORS 815.167 is amended to read:
815.167. (1) Except
as provided in subsection (4) of this section, a tire dealer may not sell a
tire equipped with studs that are not lightweight studs.
(2) A tire dealer may
not sell a stud other than a lightweight stud for installation in a tire.
(3) As used in this
section:
(a) “Lightweight stud”
means a stud that is recommended by the manufacturer of the tire for the type
and size of the tire and that:
(A) Weighs no more than
1.5 grams if the stud is size 14 or less;
(B) Weighs no more than
2.3 grams if the stud size is 15 or 16; or
(C) Weighs no more than
3.0 grams if the stud size is 17 or larger.
(b) “Tire dealer” means
a person engaged in a business, trade, occupation, activity or enterprise that
sells, transfers, exchanges or barters tires or tire related products for
consideration.
(4) A tire dealer may
sell a tire equipped with studs that are not lightweight studs if the studs are
retractable.
Approved by the Governor June 13, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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