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 3111
House Bill 3527
Sponsored by Representative BUCKLEY; Senator BATES
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 as
introduced.
Defines 'racing activity vehicle' for purposes of Oregon
Vehicle Code.
Provides certain exemptions for racing activity vehicles from
code requirements.
A BILL FOR AN ACT
Relating to racing activity vehicles; creating new provisions;
and amending ORS 468A.350, 803.045, 803.210, 803.212, 815.075,
815.105 and 815.300.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + ' Racing activity vehicle' means a motor
vehicle that:
(1) Is primarily used for racing on a race track and that has:
(a) A bodiless tubular steel chassis that forms the main
structural component of the vehicle;
(b) High side rails;
(c) Integral front and rear rollover tubes;
(d) A suspension with both front and rear double unequal length
wishbones and inboard, pushrod operated dampers; and
(e) A product identification number instead of a vehicle
identification number; and
(2) Is not a replica or an assembled vehicle. + }
SECTION 3. { + A racing activity vehicle is exempt from
vehicle equipment requirements under ORS 815.040, 815.075,
815.250, 815.295 and 815.310 if all of the following apply:
(1) The vehicle is equipped with original manufacturer's
equipment and accessories or their equivalent; and
(2) The vehicle is maintained in safe operating condition. + }
SECTION 4. ORS 803.045 is amended to read:
803.045. (1) The Department of Transportation shall issue title
for a vehicle if the applicant and the vehicle meet the following
qualifications:
(a) The applicant must satisfy the department that the
applicant is the owner of the vehicle and is otherwise entitled
to have title issued in the applicant's name.
(b) Except as otherwise provided in ORS 803.050 (2), the
applicant must submit a completed and signed application for
title described in ORS 803.050.
(c) The applicant must pay the fee for issuance of a
certificate of title under ORS 803.090 or the fee for issuance of
title in another form, as established by the department by rule
in accordance with ORS 803.012.
(d) If the vehicle is a reconstructed vehicle or an assembled
vehicle, the applicant must provide the following information in
addition to any other information required under this section:
(A) The certificate of title last issued for the frame of the
vehicle, a salvage title certificate issued for the vehicle or
other evidence of ownership satisfactory to the department.
(B) Bills of sale for major components used to build the
vehicle.
(e) If the vehicle is covered by an Oregon title or salvage
title certificate, the applicant shall surrender the Oregon title
or salvage title certificate, submit an application as provided
under ORS 803.065 or submit other evidence of ownership
satisfactory to the department.
(f) Unless the department adopts rules to the contrary, if the
vehicle is from another jurisdiction, the applicant shall
surrender to the department with the application the certificate
of title issued by the other jurisdiction, if such jurisdiction
requires certificates of title. If such jurisdiction does not
require certificates of title, then the applicant shall surrender
the registration cards.
(g) If required by the department, the applicant must submit
proof of ownership as described under ORS 803.205.
(h) { + Other than a racing activity vehicle as defined in
section 2 of this 2007 Act, + }if the department has reason to
believe a vehicle was not certified by the original manufacturer
as conforming to federal vehicle standards, the department may
require the applicant to provide proof satisfactory to the
department that the vehicle conforms to federal vehicle
standards.
(i) Unless the vehicle is exempted from odometer disclosure
requirements, the applicant shall submit an appropriate odometer
disclosure form. The department shall determine what constitutes
an appropriate form in any particular situation. The department
may make exceptions by rule to the requirement for submission of
an odometer disclosure form.
(2)(a) The department may not issue title for a vehicle:
(A) Required by ORS 803.210 to be inspected unless the vehicle
has been inspected as described in ORS 803.212 and the inspection
fee paid under ORS 803.215.
(B) If the current vehicle title, certificate or ownership
document is a junk title, junk certificate or similar ownership
document issued by another jurisdiction, or has a junk or similar
brand or notation.
(b) The department may adopt any rules it considers necessary
for the administration of this subsection.
SECTION 5. ORS 803.210 is amended to read:
803.210. (1) The Department of Transportation shall not issue
title for a vehicle described in subsection (2) of this section
unless:
(a) An inspection of the vehicle identification number or
numbers of the vehicle is performed in accordance with ORS
803.212; and
(b) The fee established under ORS 803.215 is paid to the
department for the inspection.
(2) Except as provided in subsection (3) of this section, the
requirements of this section apply to all of the following:
(a) A vehicle from another jurisdiction.
(b) Any assembled or reconstructed vehicle.
(c) Any vehicle if the certificate of title has been or is
required to be submitted to the department, or a person is
required to report to the department, under ORS 819.010, 819.012,
819.014 or 819.030.
(d) Any vehicle if the department has received notice that the
vehicle has been or will be wrecked, dismantled, disassembled or
substantially altered under ORS 819.010 or 822.135.
(e) Replicas.
(f) { + Other than a racing activity vehicle as defined in
section 2 of this 2007 Act, + } any vehicle the department has
reason to believe was not certified by the original manufacturer
as conforming to federal vehicle standards.
(3) The requirements of this section do not apply to the
following vehicles if the person shown as the owner on an
out-of-state title for the vehicle applies for an Oregon title in
that person's name:
(a) A rental truck, rental truck tractor or rental trailer that
is registered in Oregon under an interstate agreement that
provides that a portion of the owner's fleet is to be registered
in each state in which the fleet operates.
(b) A trailer or semitrailer that has permanent registration.
SECTION 6. ORS 803.212 is amended to read:
803.212. (1) The Department of Transportation, or persons or
agencies authorized to do so by the department, shall conduct a
physical inspection of the vehicle identification number { + or
numbers + } of each vehicle located in this state and required by
ORS 803.210 to be inspected. The department may designate
certified dealers to perform the inspection and may enter into
agreements with the Oregon State Police or other law enforcement
agencies of this state to perform inspections. The inspection
shall determine whether the vehicle identification number or
numbers match those on the records of the department, on the
title or primary ownership record or contained in other
information received by the department.
(2) If a vehicle that is required by ORS 803.210 to be
inspected is located in another jurisdiction, the department may
designate a person or agency in such jurisdiction to perform the
physical inspection and may waive the inspection fee.
(3) Except as provided in subsection (4) of this section, the
department shall check the vehicle identification number or
numbers of all vehicles required by ORS 803.210 to be inspected
against those listed as stolen at the National Crime Information
Center. If the check indicates the vehicle is stolen, the
department:
(a) Shall immediately notify the Oregon State Police or, if the
department determines it would be appropriate to do so, notify
another law enforcement agency; and
(b) Shall not issue title within 30 days of giving the notice
required by paragraph (a) of this subsection unless the
department is notified before the end of the 30 days that the
vehicle is not stolen. After the passage of the 30-day period,
the department may issue the title.
(4) The department may refer a vehicle to the Oregon State
Police or other appropriate law enforcement agency for a vehicle
identification number { + or product identification number + }
inspection if:
(a) Inspection of the vehicle under this section reveals that
the vehicle identification number { + or product identification
number + } on the vehicle is different from the number provided
to the department or appears to have been tampered with, altered
or defaced; or
(b) The vehicle is a reconstructed or assembled vehicle or has
been reported destroyed or totaled under ORS 819.012, 819.014 or
819.030 or is any other salvaged vehicle from another
jurisdiction. This subsection does not apply to a vehicle that
has been reported totaled to the department because of theft and
has subsequently been recovered.
(5) If the department refers a vehicle to a law enforcement
agency under subsection (4) of this section, the law enforcement
agency shall inspect the vehicle. If the law enforcement agency
determines that there is reason to believe that the
identification number of the vehicle has been tampered with,
altered or forged or that the vehicle is stolen, the law
enforcement agency may seize the vehicle and may hold the vehicle
until completing an investigation to establish the origin and
ownership of the vehicle. The department shall reimburse the
Department of State Police, and may reimburse any other law
enforcement agency, for any inspections conducted under this
subsection in an amount agreed upon by the department and the
Department of State Police or other law enforcement agency.
SECTION 7. ORS 815.300 is amended to read:
815.300. This section establishes exemptions from the
requirements under ORS 815.295 to be equipped with a certified
pollution control system. Exemptions established by this section
are in addition to any exemptions established by ORS 801.026. The
exemptions established in this section are also applicable to
requirements for certification of pollution control equipment
before registration under ORS 803.350 and 803.465. All of the
following vehicles are exempt from the requirements under ORS
815.295:
(1) Any vehicle that is not a motor vehicle.
(2) Any vehicle unless the vehicle is registered within:
(a) The boundaries of the metropolitan service district formed
under ORS chapter 268 for the metropolitan area, as defined in
ORS 268.020, which includes the City of Portland, Oregon.
(b) Boundaries designated by the Environmental Quality
Commission under ORS 468A.390.
(3) Any new motor vehicle or new motor vehicle engine when the
registration results from the initial retail sale thereof.
(4) Any motor vehicle:
(a) Not registered in areas designated under subsection (2)(a)
of this section, including any expansion of such boundary under
subsection (2)(b) of this section, with a model year that
predates by more than 20 years the year in which registration or
renewal of registration is required; or
(b) Registered in areas designated under subsection (2)(a) of
this section, including any expansion of such boundary under
subsection (2)(b) of this section, with a model year of 1974 or
earlier.
(5) Motor vehicles that are registered as farm vehicles under
ORS 805.300 or apportioned farm vehicles under ORS 805.300.
(6) Special interest vehicles that are maintained as
collectors' items and used for exhibitions, parades, club
activities and similar uses but not used primarily for the
transportation of persons or property.
(7) Fixed load vehicles.
(8) Vehicles that are proportionally registered under ORS
826.009 and 826.011 in accordance with agreements established
under ORS 826.007.
(9) Electric motor vehicles. This subsection does not exempt
hybrid motor vehicles that use electricity and another source of
motive power.
(10) First response rescue units operated by political
subdivisions of this state that are not used to transport persons
suffering from illness, injury or disability.
(11) A vehicle that is currently registered in Oregon at the
time application for new registration is received by the
Department of Transportation if the new registration is a result
of a change in the registration or plate type and the application
is received at least four months prior to the expiration of the
existing registration.
(12) Golf carts.
(13) Any Class I, Class II or Class III all-terrain vehicle.
(14) An original equipment manufacturer vehicle that is
engineered, designed, produced and warranted to use natural gas
as its only fuel source.
{ + (15) Racing activity vehicles. + }
SECTION 8. ORS 468A.350 is amended to read:
468A.350. As used in ORS 468A.350 to 468A.400:
(1) 'Certified system' means a motor vehicle pollution control
system for which a certificate of approval has been issued under
ORS 468A.365 (3).
(2) 'Factory-installed system' means a motor vehicle pollution
control system installed by the manufacturer which meets criteria
for emission of pollutants in effect under federal laws and
regulations applicable on September 9, 1971, or which meets
criteria adopted pursuant to ORS 468A.365 (1), whichever criteria
are stricter.
(3) 'Motor vehicle' includes any self-propelled vehicle used
for transporting persons or commodities on public roads and
highways { - , - } but does not include a vehicle of special
interest as that term is defined in ORS 801.605, if the vehicle
is maintained as a collector's item and used for exhibitions,
parades, club activities and similar uses but not used primarily
for the transportation of persons or property { + , or a racing
activity vehicle as defined in section 2 of this 2007 Act + }.
(4) 'Motor vehicle pollution control system' means equipment
designed for installation on a motor vehicle for the purpose of
reducing the pollutants emitted from the vehicle, or a system or
engine adjustment or modification which causes a reduction of
pollutants emitted from the vehicle.
SECTION 9. ORS 815.075 is amended to read:
815.075. (1) A person commits the offense of selling vehicles
or equipment that violates state equipment administrative rules
if the person sells or offers for sale any vehicle or sells or
offers for sale for use upon a vehicle or uses on any vehicle any
equipment if the vehicle or equipment:
(a) Does not conform to standards established by the Department
of Transportation by rule under ORS 815.030; and
(b) Does not bear thereon proof of certification that it
complies with the applicable standards.
(2) Proof of certification required under this section may be
made in any manner provided under ORS 815.030.
(3) This section is subject to the following exemptions in
addition to any exemptions under ORS 801.026:
(a) Vehicles of special interest that are registered under ORS
805.020 are deemed to comply with this section if:
(A) The vehicles are equipped with original manufacturer's
equipment and accessories, or their equivalent, and are
maintained in safe operating order; or
(B) The vehicles are street rods that conform to ORS 815.107.
(b) Road machinery, road rollers, implements of husbandry, farm
trailers and farm tractors are not subject to this section.
(c) Antique vehicles are not subject to this section if the
vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
{ + (d) Racing activity vehicles are not subject to this
section. + }
(4) The offense described under this section, selling vehicles
or equipment that violates state equipment administrative rules,
is a Class D traffic violation.
SECTION 10. ORS 815.105 is amended to read:
815.105. This section establishes exemptions from ORS 815.030
and 815.100. Exemptions under this section are in addition to any
exemptions under ORS 801.026. Exemptions under this section are
partial or complete as described in the following:
(1) Vehicles of special interest that are registered under ORS
805.020 are deemed to comply with ORS 815.030 and 815.100 if:
(a) The vehicles are equipped with original manufacturer's
equipment and accessories, or their equivalent, and are
maintained in safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(2) Road machinery, road rollers, implements of husbandry, farm
trailers and farm tractors are exempt from ORS 815.030 and
815.100.
(3) Antique vehicles are exempt from ORS 815.030 and 815.100 if
the vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
(4) Motorized wheelchairs are exempt from ORS 815.030 and
815.100 when used as permitted under ORS 811.440.
{ + (5) Racing activity vehicles are exempt from ORS 815.030
and 815.100. + }
----------