74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2034
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Transportation for Association of Oregon Counties)
CHAPTER ................
AN ACT
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 Oregon:
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:
Enrolled House Bill 2034 (HB 2034-INTRO) Page 1
(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
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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
District of Columbia is subject to this subsection.
(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 Oregon are exempt from the requirements
for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
(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
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
(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.
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(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.
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(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
District of Columbia is subject to this subsection.
(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
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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 United
States on active duty who is accompanying the member on
assignment in this state may operate a motor vehicle if the
spouse has a current out-of-state license or driver permit issued
to the spouse by another state in the spouse's possession.
(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 United
States.
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(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.
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Passed by House June 23, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 25, 2007
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President of Senate
Enrolled House Bill 2034 (HB 2034-INTRO) Page 7
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
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Secretary of State
Enrolled House Bill 2034 (HB 2034-INTRO) Page 8