Chapter 887
AN ACT
SB 101
Relating to all-terrain vehicles; creating
new provisions; and amending ORS 390.555, 390.560, 390.570, 390.575, 390.585,
821.170, 821.172, 821.200, 821.202, 821.203 and 821.292.
Be It Enacted by the People of the
State of
SECTION 1. ORS 821.170 is amended to read:
821.170. (1) A person 16
years of age or older commits the offense of operation of a Class I
all-terrain vehicle without driving privileges if the person operates a Class I
all-terrain vehicle on public lands and the person does not [meet one of the following qualifications:]
hold a valid Class I all-terrain vehicle operator permit issued under ORS
390.570.
[(a) The person must hold a valid driver
license;]
[(b) The person must hold a valid Class I all-terrain vehicle operator
permit issued under ORS 390.570; or]
[(c) The person must be accompanied by a person who is at least 18 years
of age, who has either a valid driver license or a valid Class I all-terrain
vehicle operator permit and who is either on the same vehicle, if the vehicle
is designed to carry passengers, or on a separate Class I all-terrain vehicle.]
[(2) Notwithstanding subsection (1) of this section, no person under 12
years of age may operate a Class I all-terrain vehicle on a designated
snowmobile trail under snow conditions unless the person holds a valid Class I
all-terrain vehicle operator permit issued under ORS 390.570.]
(2) A child under 16
years of age commits the offense of operation of a Class I all-terrain vehicle
without driving privileges if the child operates a Class I all-terrain vehicle
on public lands and the child does not meet all the following conditions:
(a) The child must be
accompanied by a person who is at least 18 years of age, holds a valid all-terrain
vehicle operator permit issued under ORS 390.570 or 390.575 and is able to
provide immediate assistance and direction to the child.
(b) The child must hold
a valid Class I all-terrain vehicle operator permit issued under ORS 390.570.
(c) The child must meet
rider fit guidelines established by the State Parks and Recreation Department
under ORS 390.585.
(3) This section does
not apply if the all-terrain vehicle is:
(a) Used exclusively in
farming, agricultural or forestry operations or used by persons licensed under
ORS chapter 571 exclusively for nursery or Christmas tree growing operations;
and
(b) Being used on land
owned or leased by the owner of the vehicle.
[(3)] (4) The offense described in this section, operation of
Class I all-terrain vehicle without driving privileges, is a [Class D] Class C traffic
violation.
SECTION 2. ORS 821.172 is amended to read:
821.172. (1) A person [who is 12] 16 years of age or
older commits the offense of operation of a Class III all-terrain vehicle
without driving privileges if the person operates a Class III all-terrain
vehicle on public lands and the person does not [meet one of the following qualifications:] hold a valid Class
III all-terrain vehicle operator permit issued under ORS 390.575.
[(a) The person must hold a valid driver
license;]
[(b) The person must hold a valid Class III all-terrain vehicle operator
permit issued under ORS 390.575; or]
[(c) The person must be accompanied by a person who is at least 18 years
of age, who has either a valid driver license or a valid Class III all-terrain
vehicle operator permit and who is either on the same vehicle, if the vehicle
is designed to carry passengers, or on a separate Class III all-terrain
vehicle.]
[(2) A person who is at least seven years of age but under 12 years of
age commits the offense of operation of a Class III all-terrain vehicle without
driving privileges if the person operates a Class III all-terrain vehicle on
public lands and the person does not meet both of the following qualifications:]
[(a) The person must hold a valid Class III
all-terrain vehicle operator permit issued under ORS 390.575; and]
[(b) The person must be accompanied by a person who is at least 18 years
of age, who has either a valid driver license or a valid Class III all-terrain
vehicle operator permit and who is either on the same vehicle, if the vehicle
is designed to carry passengers, or on a separate Class III all-terrain
vehicle.]
[(3) A person under seven years of age commits the offense of operation
of a Class III all-terrain vehicle without driving privileges if the person
operates a Class III all-terrain vehicle on public lands.]
(2) A child under 16
years of age commits the offense of operation of a Class III all-terrain
vehicle without driving privileges if the child operates a Class III
all-terrain vehicle on public lands and the child does not meet all the
following conditions:
(a) The child must be
accompanied by a person who is at least 18 years of age, holds a valid
all-terrain vehicle operator permit issued under ORS 390.570 or 390.575 and is
able to provide immediate assistance and direction to the child.
(b) The child must hold
a valid Class III all-terrain vehicle operator permit issued under ORS 390.575.
(3) A child under seven
years of age may not operate a Class III all-terrain vehicle on public lands.
(4) This section does
not apply if the all-terrain vehicle is:
(a) Used exclusively in
farming, agricultural or forestry operations or used by persons licensed under
ORS chapter 571 exclusively for nursery or Christmas tree growing operations;
and
(b) Being used on land
owned or leased by the owner of the vehicle.
[(4)] (5) The offense described in this section, operation of
a Class III all-terrain vehicle without driving privileges, is a Class C
traffic violation.
SECTION 3. ORS 821.200 is amended to read:
821.200. This section
establishes exemptions from the limitations placed on the use of snowmobiles
and all-terrain vehicles under ORS 821.190. The prohibitions and penalties
under ORS 821.190 do not apply when a snowmobile or all-terrain vehicle that
qualifies for the exemption from equipment requirements under ORS 821.010 is
being operated as described under any of the following:
(1) A person may
lawfully cross a highway or railroad right of way while operating a snowmobile
or all-terrain vehicle if the person complies with all of the following:
(a) The crossing must be
made at an angle of approximately 90 degrees to the direction of the highway or
railroad right of way.
(b) The crossing must be
made at a place where no obstruction prevents a quick and safe crossing.
(c) The vehicle must be
brought to a complete stop before entering the highway or railroad right of
way.
(d) The operator of the
vehicle must yield the right of way to vehicles using the highway or equipment
using the railroad tracks.
(e) The crossing of a
railroad right of way must be made at an established public railroad crossing.
(f) The crossing of a
highway must be made at a place that is more than 100 feet from any highway
intersection.
(g) If the operator of a
snowmobile is under 12 years of age, a person who is 18 years of age or older
must accompany the operator either as a passenger or as the operator of another
snowmobile that is in proximity to the younger operator.
[(h) If the operator of a Class I all-terrain vehicle is under 12 years
of age, a person who is 18 years of age or older must accompany the operator
either as a passenger, if the vehicle is designed to carry passengers,
or on a separate Class I all-terrain vehicle.]
(2) A snowmobile or
all-terrain vehicle may be lawfully operated upon a highway under any of the
following circumstances:
(a) Where the highway is
completely covered with snow or ice and has been closed to motor vehicle
traffic during winter months.
(b) For purposes of
loading or unloading when such operation is performed with safety and without
causing a hazard to vehicular traffic approaching from either direction on the
highway.
(c) Where the highway is
posted to permit snowmobiles or all-terrain vehicles.
(d) In an emergency
during the period of time when and at locations where snow upon the highway
renders travel by automobile impractical.
(e) When traveling along
a designated snowmobile or all-terrain vehicle trail.
(3) It shall be lawful
to operate a snowmobile or all-terrain vehicle upon a railroad right of way
under any of the following circumstances:
(a) Where the right of
way is posted to permit the operation.
(b) In an emergency.
(c) When the snowmobile
or all-terrain vehicle is operated by an officer or employee or authorized
contractor or agent of a railroad.
SECTION 3a. ORS 821.202 is amended to read:
821.202. (1) A person
commits the offense of failure of a Class I or Class III all-terrain vehicle
operator or passenger to wear a motorcycle helmet if the person is under 18
years of age, operates or rides on a Class I or Class III all-terrain vehicle
on premises open to the public and is not wearing a motorcycle helmet with a
fastened chin strap.
(2) The requirement to
wear a motorcycle helmet with a fastened chin strap does not apply if
the all-terrain vehicle is:
(a) Used exclusively in
farming, agricultural or forestry operations or used by persons licensed under
ORS chapter 571 exclusively for nursery or Christmas tree growing operations.
(b) Being used on land
owned or leased by the owner of the vehicle.
(3) The offense
described in this section, failure of a Class I or
Class III all-terrain vehicle operator or passenger to wear a motorcycle
helmet, is a Class D traffic violation.
SECTION 3b. ORS 821.203 is amended to read:
821.203. (1) A person
commits the offense of endangering a Class I or Class III all-terrain vehicle
operator or passenger if:
(a) The person is
operating a Class I or Class III all-terrain vehicle on premises open to the
public and the person carries another person on the Class I or Class III
all-terrain vehicle who is under 18 years of age and is not wearing a
motorcycle helmet with a fastened chin strap; or
(b) The person is the parent,
legal guardian or person with legal responsibility for the safety and welfare
of a child under 18 years of age and the child operates or rides on a Class I
or Class III all-terrain vehicle on premises open to the public without wearing
a motorcycle helmet with a fastened chin strap.
(2) The requirement to
wear a motorcycle helmet with a fastened chin strap does not apply if
the all-terrain vehicle is:
(a) Used exclusively in
farming, agricultural or forestry operations or used by persons licensed under
ORS chapter 571 exclusively for nursery or Christmas tree growing operations.
(b) Being used on land
owned or leased by the owner of the vehicle.
(3) The offense
described in this section, endangering a Class I or
Class III all-terrain vehicle operator or passenger, is a Class D traffic
violation.
SECTION 4. ORS 821.292 is amended to read:
821.292. (1) A person
commits the offense of endangering a Class III all-terrain vehicle operator if
the person is the parent, legal guardian or person with legal responsibility
for the safety and welfare of a child at least seven years of age but under [12] 16 years of age and the child
operates a Class III all-terrain vehicle on public lands and:
(a) Does not have a
Class III all-terrain vehicle operator permit issued under ORS 390.575; and
(b) Is not accompanied
by [the parent, legal guardian or person
with legal responsibility who is on the same vehicle, if the vehicle is
designed to carry passengers, or on a separate Class III all-terrain vehicle]
a person who is at least 18 years of age, holds a valid all-terrain vehicle
operator permit issued under ORS 390.570 or 390.575 and is able to provide
immediate assistance and direction to the child.
(2) A person commits the
offense of endangering a Class III all-terrain vehicle operator if the person
is the parent, legal guardian or person with legal responsibility for the
safety and welfare of a child who is under seven years of age and the child
operates a Class III all-terrain vehicle on public lands.
(3) This section does
not apply if the all-terrain vehicle is:
(a) Used exclusively in
farming, agricultural or forestry operations or used by persons licensed under
ORS chapter 571 exclusively for nursery or Christmas tree growing operations;
and
(b) Being used on land
owned or leased by the owner of the vehicle.
[(3)] (4) The offense described in this section, endangering
a Class III all-terrain vehicle operator, is a Class C traffic violation.
SECTION 5. Sections 6 and 7 of this 2007 Act are added
to and made a part of ORS 821.150 to 821.292.
SECTION 6. (1) A person commits the offense of
endangering a Class I all-terrain vehicle operator if the person is the parent,
legal guardian or person with legal responsibility for the safety and welfare
of a child under 16 years of age and the child operates a Class I all-terrain
vehicle on public lands and:
(a) Does not have a
Class I all-terrain vehicle operator permit issued under ORS 390.570;
(b) Is not accompanied
by a person who is at least 18 years of age, holds a valid all-terrain vehicle
operator permit issued under ORS 390.570 or 390.575 and is able to provide
immediate assistance and direction to the child; and
(c) Is not in compliance
with the rider fit guidelines established by the Parks and Recreation Department
under ORS 390.585.
(2) This section does
not apply if the all-terrain vehicle is:
(a) Used exclusively in
farming, agricultural or forestry operations or used by persons licensed under
ORS chapter 571 exclusively for nursery or Christmas tree growing operations;
and
(b) Being used on land
owned or leased by the owner of the vehicle.
(3) The offense
described in this section, endangering a Class I all-terrain vehicle operator,
is a Class C traffic violation.
SECTION 7. As used in ORS 821.170, 821.172, 821.192 and
821.292 and section 6 of this 2007 Act, “public lands” includes privately owned
land that is open to the general public for the use of all-terrain vehicles as
the result of funding from the All-Terrain Vehicle Account under ORS 390.560.
SECTION 8. ORS 390.585 is amended to read:
390.585. (1) The
State Parks and Recreation Department may adopt rules necessary for carrying
out the duties imposed by ORS 390.550 to 390.590.
(2) The department
shall adopt rules establishing rider fit guidelines to ensure that an
all-terrain vehicle properly fits the operator of the vehicle.
SECTION 9. ORS 390.560 is amended to read:
390.560. Moneys in the
All-Terrain Vehicle Account established under ORS 390.555 shall be used for the
following purposes only:
(1) In each 12-month
period, no less than 10 percent of the moneys described in ORS 390.555 that are
attributable to Class I all-terrain vehicles shall be transferred to the
Department of Transportation for the development and maintenance of snowmobile
facilities as provided in ORS 802.110;
(2) Planning, promoting
and implementing a statewide all-terrain vehicle program, including the
acquisition, development and maintenance of all-terrain vehicle recreation
areas;
(3) Education and safety
training for all-terrain vehicle operators;
(4) Provision of first
aid and police services in all-terrain vehicle recreation areas designated by
the appropriate authority;
(5) Paying the costs of
instigating, developing or promoting new programs for all-terrain vehicle users
and of advising people of possible usage areas for all-terrain vehicles;
(6) Paying the costs of
coordinating between all-terrain vehicle user groups and the managers of public
lands;
(7) Paying the costs of
providing consultation and guidance to all-terrain vehicle user programs; [and]
(8) Paying the costs of
administration of the all-terrain vehicle programs, including staff support
provided under ORS 390.565 as requested by the All-Terrain Vehicle Account
Allocation Committee; and
(9) Paying the costs of
law enforcement activities related to the operation of Class I and Class III
all-terrain vehicles. The
State Parks and Recreation Department shall determine the amount required for
law enforcement activities and the intervals at which the moneys shall be
distributed. The funds available shall be apportioned according to the terms of
an intergovernmental agreement entered into between the State Parks and
Recreation Department and a city, the Department of State Police or the sheriff
of a county.
SECTION 10. ORS 390.555 is amended to read:
390.555. The All-Terrain
Vehicle Account is established as a separate account in the State Parks and
Recreation Department Fund, to be accounted for separately. Interest earned by
the All-Terrain Vehicle Account shall be credited to the account. After
deduction of expenses of collection, transfer and administration, including the
expenses of establishment and operation of Class I all-terrain vehicle safety
education courses and examinations under ORS 390.570 and Class III
all-terrain vehicle safety education courses and examinations under ORS
390.575, the following moneys shall be transferred to the account:
(1) Fees collected by
the State Parks and Recreation Department for issuance of operating permits for
all-terrain vehicles under ORS 390.580 and 390.590.
(2) Fees collected by
the department from participants in the Class I and Class III all-terrain
vehicle safety education courses under ORS 390.570 and 390.575.
(3) The moneys
transferred from the Department of Transportation under ORS 802.125 that represent unrefunded fuel tax.
SECTION 11. ORS 390.570 is amended to read:
390.570. (1) The State
Parks and Recreation Department shall issue or provide for issuance of a Class
I all-terrain vehicle operator permit to any person who:
(a) Has taken a Class I all-terrain vehicle
safety education course established under this section and has been found
qualified to operate a Class I all-terrain vehicle; or
(b) Is at least 16 years
of age, has five or more years of experience operating a Class I all-terrain
vehicle and passes an equivalency examination.
(2) The department shall
adopt rules to provide for Class I all-terrain vehicle safety education courses,
equivalency examinations and the issuance of Class I all-terrain vehicle
operator permits consistent with this section. The rules adopted by the
department shall be consistent with the following:
(a) The courses must be
given by instructors designated by the department as qualified to conduct the
courses and issue the permits.
(b) The instructors may
be provided and permits issued through public or private local and state
organizations meeting qualifications established by the department.
(c) The department may
collect a fee of not more than $5 from each participant in a course established under this section.
SECTION 12. ORS 390.575 is amended to read:
390.575. (1) The State
Parks and Recreation Department shall issue or provide for issuance of a Class
III all-terrain vehicle operator permit to any person who:
(a) Has taken a Class III all-terrain vehicle
safety education course established under this section and has been found
qualified to operate a Class III all-terrain vehicle; or
(b) Is at least 16 years
of age, has five or more years of experience operating a Class III all-terrain
vehicle and passes an equivalency examination.
(2) The department shall
adopt rules to provide for Class III all-terrain vehicle safety education
courses, equivalency examinations and the issuance of Class III all-terrain
vehicle operator permits consistent with this section. The rules adopted by the
department shall be consistent with the following:
(a) The courses must be
given by instructors designated by the department as qualified to conduct the
courses and issue the permits.
(b) The instructors may
be provided and permits issued through public or private local and state
organizations meeting qualifications established by the department.
(c) The department may
collect a fee of not more than $5 from each participant in a course established
under this section.
SECTION 13. The requirement to hold a Class I or Class
III all-terrain vehicle permit pursuant to the amendments to ORS 821.170 and
821.172 by sections 1 and 2 of this 2007 Act applies:
(1) On or after January
1, 2009, to persons who are under 16 years of age as of that date.
(2) On or after January
1, 2010, to persons who are under 31 years of age as of that date.
(3) On or after January
1, 2011, to persons who are under 41 years of age as of that date.
(4) On or after January
1, 2012, to persons who are under 51 years of age as of that date.
(5) On or after January
1, 2013, to persons who are under 61 years of age as of that date.
(6) On or after January
1, 2014, to all persons.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date January 1, 2008
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