74th OREGON LEGISLATIVE ASSEMBLY--2007 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 439
 
                           A-Engrossed
 
                         House Bill 2062
                  Ordered by the House March 21
            Including House Amendments dated March 21
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for State Parks and Recreation Department)
 
 
                             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.
 
  Requires operators and passengers of Class I and Class III
all-terrain vehicles to wear motorcycle helmets with fastened
chin straps.  { + Provides exemptions. + }
 
                        A BILL FOR AN ACT
Relating to all-terrain vehicle helmet requirements; amending ORS
  821.202 and 821.203.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 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. - }
 
   { +  (a) Used:
  (A) Exclusively in farming, agricultural or forestry
operations;
  (B) By a person licensed under ORS chapter 571 exclusively for
nursery or Christmas tree growing operations; or
  (C) By an employee of a utility that provides electrical,
water, gas or telecommunications service, in the performance of
the employee's official duties. + }
  (b) Being used on land owned or leased by the owner of the
vehicle.
   { +  (c) Being loaded or unloaded from a truck or a
trailer. + }
  (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 2. 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 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. - }
 
   { +  (a) Used:
  (A) Exclusively in farming, agricultural or forestry
operations;
  (B) By a person licensed under ORS chapter 571 exclusively for
nursery or Christmas tree growing operations; or
  (C) By an employee of a utility that provides electrical,
water, gas or telecommunications service, in the performance of
the employee's official duties. + }
  (b) Being used on land owned or leased by the owner of the
vehicle.
   { +  (c) Being loaded or unloaded from a truck or a
trailer. + }
  (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.
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