75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1890
House Bill 3008
Sponsored by Representatives ESQUIVEL, KRIEGER; Representatives
GARRARD, SCHAUFLER
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.
Establishes bicycle registration and licensing system.
Creates offense of altering bicycle serial number or license.
Punishes by maximum fine of $90.
Creates offense of failure to register bicycle. Punishes by
maximum fine of $25.
Sets registration, renewal and other fees.
Makes bicycle ownership information available to law
enforcement agencies.
Establishes Bicycle Transportation Improvement Fund.
Continuously appropriates moneys in fund to Department of
Transportation for bicycle related transportation improvement
projects.
A BILL FOR AN ACT
Relating to bicycles; creating new provisions; amending ORS
803.305; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 13 of this 2009 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + As used in sections 2 to 13 of this 2009 Act:
(1) 'Bicycle' has the meaning given that term in ORS 801.150
except that:
(a) 'Bicycle' also means vehicles that meet the criteria
specified in ORS 801.150 (1) to (4) but that have wheels equal to
or less than 14 inches in diameter.
(b) 'Bicycle' does not mean tricycles designed to be ridden by
children.
(2) 'Bicycle dealer' means a person that is engaged, wholly or
partly, in the business of selling bicycles, buying or taking in
trade bicycles for the purpose of resale, or offering bicycles
for sale or trade. 'Bicycle dealer' does not mean agents or
employees of the person.
(3) 'License' means a sticker that can be securely attached to
a bicycle frame, that prominently displays a unique number and
that is issued upon registration of the bicycle.
(4) 'Serial number' means a legible number stamped on, cast
into or attached to the bicycle frame by the bicycle manufacturer
or under section 3 of this 2009 Act. + }
SECTION 3. { + If the serial number is illegible or missing
when a bicycle is first registered, the Department of
Transportation shall assign a unique serial number. The
department shall permanently stamp the state-issued serial number
on the bicycle frame or shall permanently affix a metal tag with
the serial number to the bicycle frame. + }
SECTION 4. { + (1) A person commits the offense of altering a
bicycle serial number or license if the person willfully removes,
destroys, mutilates or otherwise alters the serial number or
license of any bicycle.
(2) The offense described in this section, altering a bicycle
serial number or license, is a Class D traffic violation. + }
SECTION 5. { + (1) A person 18 years of age or older commits
the offense of failure to register a bicycle if the person owns a
bicycle in this state and the person does not register the
bicycle or renew the registration of the bicycle.
(2) The following are exempt from this section:
(a) Bicycles held by bicycle dealers for sale or trade.
(b) Bicycles not operated on the highways of this state.
(3) The offense described in this section, failure to register
a bicycle, is a violation punishable by a maximum fine of
$25. + }
SECTION 6. { + (1) A bicycle registration application must
include the following information in addition to the license
number being assigned:
(a) Name of the owner of the bicycle;
(b) Owner's address and telephone number;
(c) Owner's date of birth;
(d) Make of the bicycle or name of the bicycle manufacturer;
(e) Model of the bicycle;
(f) Wheel and frame size of the bicycle;
(g) Serial number of the bicycle; and
(h) Any other information the Department of Transportation
considers necessary.
(2) The department shall prescribe the forms to be used for the
bicycle registration application, registration renewals, license
transfers, address changes and changes of ownership, forms to be
submitted to the department by the agent collecting the
registration fees and any other forms the department determines
are necessary.
(3) The department shall maintain a database of information
collected about bicycle ownership from the registration
applications, registration renewal forms, license transfer forms,
change of address forms and change of ownership forms. The
information contained in the database shall be available to any
law enforcement agency. + }
SECTION 7. { + (1) The Department of Transportation may
appoint agents to receive bicycle registration applications and
to issue licenses.
(2) Agents shall issue licenses in accordance with procedures
prescribed by the department and shall charge and collect the
license and registration fees prescribed by law.
(3) The agent collecting the license and registration fee may
retain one-third of the license and registration fee and shall
remit two-thirds of the license and registration fee to the
department.
(4) The department shall supply the agents with bicycle
registration application forms and licenses. + }
SECTION 8. { + A person shall renew a bicycle registration
every two years. Not less than one month prior to the bicycle
registration expiration date, the Department of Transportation
shall send a reminder notice and renewal form to the owner of a
registered bicycle. The department may prescribe the renewal
reminder notice and form. + }
SECTION 9. { + Bicycle license and registration fees are as
follows:
(1) Initial registration and license fee, $54.
(2) Registration renewal every two years, $54.
(3) Transfer of license from one bicycle owned by a person to
another bicycle owned by the same person, $1.
(4) Duplicate license, $2.
(5) Transfer of bicycle ownership from one person to another
person, $5. + }
SECTION 10. { + (1) Bicycle licenses shall:
(a) Be a reflective sticker 1.5 inches by 2.5 inches of a
design adopted by the Department of Transportation; and
(b) Have a unique number prominently displayed.
(2) Upon a transfer of ownership of a bicycle, the license is
valid for the new owner until the expiration date of the
registration. + }
SECTION 11. { + (1) Whenever the owner of any bicycle
registered under sections 2 to 13 of this 2009 Act sells or
transfers ownership of the bicycle, the owner shall report the
sale or transfer to the Department of Transportation within 15
days of the sale or transfer.
(2) Whenever the owner of any bicycle registered under sections
2 to 13 of this 2009 Act changes address, the owner shall notify
the department of the new address within 15 days of the change of
address.
(3) Failure to report a change of ownership or change of
address to the department as required by this section is a
violation punishable by a maximum fine of $25. + }
SECTION 12. { + The Department of Transportation shall adopt
rules for the implementation and administration of sections 2 to
13 of this 2009 Act. Nothing in sections 2 to 13 of this 2009 Act
prevents the department from contracting any service provided
under sections 2 to 13 of this 2009 Act to any private person or
entity or other unit of government. + }
SECTION 13. { + The Bicycle Transportation Improvement Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Bicycle Transportation
Improvement Fund shall be credited to the fund. All funds
remitted to the Department of Transportation from the fees
established in section 9 of this 2009 Act shall be deposited in
the fund and are continuously appropriated to the Department of
Transportation to pay for development and maintenance of bicycle
lanes, bicycle paths and other bicycle related transportation
improvement projects. + }
SECTION 14. 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 { + as defined in section 2 of this 2009 Act
owned by individuals who are 17 years of age or younger + } 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.
(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 wheelchairs
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 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.
(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.
(25) A racing activity vehicle that is being operated for the
purposes of a test drive within a 30-mile radius of the location
where the vehicle is manufactured is exempt from registration.
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