74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 101
LC 637/SB 101-5
SENATE AMENDMENTS TO
SENATE BILL 101
By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
DEVELOPMENT
May 1
On page 1 of the printed bill, line 2, after 'ORS' insert '
390.555, 390.560, 390.570, 390.575, 390.585,'.
Delete lines 5 through 29 and delete pages 2 through 4 and
insert:
' { + 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) 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) 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 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) 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
390.575.
' (2) 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 + }.
' { + 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. + } ' .
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