74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 101
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Parks and Recreation Department)
CHAPTER ................
AN ACT
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 Oregon:
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:
Enrolled Senate Bill 101 (SB 101-C) Page 1
(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
Enrolled Senate Bill 101 (SB 101-C) Page 2
(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.
Enrolled Senate Bill 101 (SB 101-C) Page 3
(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
Enrolled Senate Bill 101 (SB 101-C) Page 4
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
Enrolled Senate Bill 101 (SB 101-C) Page 5
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
Enrolled Senate Bill 101 (SB 101-C) Page 6
(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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Enrolled Senate Bill 101 (SB 101-C) Page 7
Passed by Senate May 3, 2007
Repassed by Senate June 25, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 22, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 101 (SB 101-C) Page 8
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 101 (SB 101-C) Page 9