Chapter 845
AN ACT
HB 2034
Relating to residency requirements for
documents issued by Department of Transportation; amending ORS 803.030, 803.305
and 807.020.
Be It Enacted by the People of
the State of
SECTION 1. 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) 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.
(4) Road rollers, farm
tractors and traction engines are exempt from the requirements for title.
(5) Trolleys are exempt
from the requirements for title.
(6) Bicycles are exempt
from the requirements for title.
(7) United States
Government owned and operated motor vehicles and trailers are exempt from the
requirements for title.
(8) Implements of
husbandry, well drilling machinery, emergency fire apparatus providing public
fire protection and invalid chairs are exempt from the requirements for title.
(9) 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.
(10) 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.
(11) 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.
(12) Golf carts operated
under an ordinance adopted under ORS 810.070 are exempt from requirements for
title.
(13) 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.
(14) 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.] or has been a resident of this state for
less than 30 days. For the purpose of this paragraph, a person is a resident of
this state if the person meets the residency requirements described in 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 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
(15) Vehicle dealers
issued certificates under ORS 822.020 may use and operate untitled vehicles as
provided under ORS 822.040.
(16) Towing businesses
issued certificates under ORS 822.205 may tow untitled vehicles as provided
under ORS 822.210.
(17) Vehicle
transporters issued certificates under ORS 822.310 may transport untitled
vehicles as provided in ORS 822.310.
(18) Untitled vehicles
may be operated under trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
(19) 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.
(20)(a) Vehicles that
are registered under the proportional registration provisions of ORS chapter
826 and are titled in a jurisdiction other than
(b) A trailer that is
registered under the proportional registration provisions of ORS chapter 826
and titled in a jurisdiction other than
(21) Converter dollies
and tow dollies are exempt from the requirements for title.
(22) Electric personal
assistive mobility devices are exempt from the requirements for title.
SECTION 2. 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
(4) A vehicle is exempt
from registration if it is not operated on the highways of this state.
(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. A trailer for hire, travel trailer or camper is not 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) Implements of
husbandry, well drilling machinery, emergency fire apparatus providing public
fire protection and invalid chairs are exempt from registration.
(9) Road graders, 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.
(10) 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.
(11) 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.
(12) 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.
(13) Golf cart
exemptions from registration are as provided in ORS 820.210.
(14) 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.] or has been a resident of this
state for less than 30 days. For the purpose of this paragraph, a person is a
resident of this state if the person meets the residency requirements described
in 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.
(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
(15) Vehicles operated
or used by vehicle dealers may be operated or used without registration as
provided under ORS 822.040.
(16) Vehicles towed by
towing businesses may be towed without registration as provided under ORS
822.210.
(17) Vehicles without
registration may be transported by vehicle transporters as provided under ORS
822.310.
(18) 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.
(19) 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.
(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
registration.
(21) Tow dollies and
converter dollies are exempt from registration.
(22) Class I and Class III all-terrain vehicles are exempt from
registration.
(23) Motor assisted
scooters are exempt from registration.
(24) Electric personal
assistive mobility devices are exempt from registration.
SECTION 3. 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 or who has been a resident of this state for less
than 30 days 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].
For the purpose of this subsection, a person is a resident of this state if
the person meets the residency requirements described in ORS 807.062. 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]
out-of-state license or driver permit.
(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 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
(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
(12) A person who does
not hold a motorcycle endorsement 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 or who has been a resident of this state for less
than 30 days 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]. For the purpose of this subsection, a
person is a resident of this state if the person meets the residency
requirements described in ORS 807.062. 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.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date January 1, 2008
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