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 1508
Senate Bill 369
Sponsored by Senator METSGER (at the request of Terry Wilmeth,
Linda Minten)
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 'quadricycle' for purposes of Oregon Vehicle Code.
Creates offense of failure of quadricycle operator to wear
motorcycle helmet. Punishes by maximum of $90 fine.
Authorizes inclusion of quadricycle safety promotion and public
education in motorcycle safety program funded by Motorcycle
Safety Subaccount.
Expands certain offenses relating to motorcycles to include
quadricycles.
A BILL FOR AN ACT
Relating to quadricycles; creating new provisions; and amending
ORS 801.041, 801.042, 802.320, 803.415, 803.420, 803.525,
803.565, 805.103, 805.105, 805.115, 805.250, 807.020, 807.035,
807.280, 809.419, 810.020, 811.385, 811.515, 811.525, 814.200,
814.240, 814.250, 814.275, 814.280, 814.290, 814.320, 814.325,
815.125, 815.215, 816.050, 816.100, 816.320, 816.350, 821.040
and 822.030.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + ' Quadricycle' means any self-propelled
vehicle other than a farm tractor that:
(1) Has a seat or saddle for use of the rider;
(2) Has handlebars for the operator's use;
(3) Has a piston or rotor displacement of less than 800 cubic
centimeters;
(4) Is designed to be operated on the highway; and
(5) Is designed to travel with four wheels in contact with the
highway. + }
SECTION 3. { + (1) A person commits the offense of failure of
a quadricycle operator to wear a motorcycle helmet if the person:
(a) Operates a quadricycle; and
(b) Is not wearing a motorcycle helmet.
(2) Exemptions from this section are established in ORS
814.290.
(3) The offense described in this section, failure of a
quadricycle operator to wear a motorcycle helmet, is a Class D
traffic violation. + }
SECTION 4. ORS 801.041 is amended to read:
801.041. The following apply to the authority granted to
counties by ORS 801.040 to establish registration fees for
vehicles:
(1) An ordinance establishing registration fees under this
section must be enacted by the county imposing the registration
fee and filed with the Department of Transportation. Any
ordinance establishing registration fees that is enacted by the
governing body of a county must be submitted to the electors of
the county for their approval. The governing body of the county
imposing the registration fee shall enter into an
intergovernmental agreement under ORS 190.010 with the department
by which the department shall collect the registration fees, pay
them over to the county and, if necessary, allow the credit or
credits described in ORS 803.445 (5). The intergovernmental
agreement must state the date on which the department shall begin
collecting registration fees for the county.
(2) The authority granted by this section allows the
establishment of registration fees in addition to those described
in ORS 803.420. There is no authority under this section to
affect registration periods, qualifications, cards, plates,
requirements or any other provision relating to vehicle
registration under the vehicle code.
(3) Except as otherwise provided for in this subsection, when
registration fees are imposed under this section, they must be
imposed on all vehicle classes. Registration fees as provided
under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under
ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS
805.040 or 805.045.
(g) School buses or school activity vehicles registered under
ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS
805.060.
(i) Vehicles registered on a proportional basis for interstate
operation.
(j) Vehicles with a registration weight of 26,001 pounds or
more described in ORS 803.420 { - (10) or (11) - } { + (11)
or (12) + }.
(k) Vehicles registered as farm vehicles under the provisions
of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(4) Any registration fee imposed by a county must be a fixed
amount not to exceed, with respect to any vehicle class, the
registration fee established under ORS 803.420 (1). For vehicles
on which a flat fee is imposed under ORS 803.420, the fee must be
a whole dollar amount.
(5) Moneys from registration fees established under this
section must be paid to the county establishing the registration
fees as provided in ORS 802.110. The county ordinance shall
provide for payment of at least 40 percent of the money to cities
within the county unless a different distribution is agreed to
between the county and the cities within the jurisdiction of the
county. The moneys shall be used for any purpose for which moneys
from registration fees may be used.
(6) Two or more counties may act jointly to impose a
registration fee under this section. The ordinance of each county
acting jointly with another under this subsection must provide
for the distribution of moneys collected through a joint
registration fee.
(7) Before the governing body of a county that overlaps a
district can impose a registration fee under this section, it
must enter into an intergovernmental agreement under ORS 190.010
with the governing bodies of that district and all counties,
other districts and cities with populations of over 300,000 that
overlap the district. The intergovernmental agreement must state
the registration fees and, if necessary, how the revenue from the
fees are to be apportioned among the counties and the districts.
Before the governing body of a county can enter into such an
intergovernmental agreement, the county shall consult with the
cities in its jurisdiction.
SECTION 5. ORS 801.042 is amended to read:
801.042. The following apply to the authority granted to a
district by ORS 801.040 to establish registration fees for
vehicles:
(1) Before the governing body of a district can impose a
registration fee under this section, it must submit the proposal
to the electors of the district for their approval and, if the
proposal is approved, enter into an intergovernmental agreement
under ORS 190.010 with the governing bodies of all counties,
other districts and cities with populations of over 300,000 that
overlap the district. The intergovernmental agreement must state
the registration fees and, if necessary, how the revenue from the
fees shall be apportioned among counties and the districts.
Before the governing body of a county can enter into such an
intergovernmental agreement, the county shall consult with the
cities in its jurisdiction.
(2) If a district raises revenues from a registration fee for
purposes related to highways, roads, streets and roadside rest
areas, the governing body of that district shall establish a
Regional Arterial Fund and shall deposit in the Regional Arterial
Fund all such registration fees.
(3) Interest received on moneys credited to the Regional
Arterial Fund shall accrue to and become a part of the Regional
Arterial Fund.
(4) The Regional Arterial Fund must be administered by the
governing body of the district referred to in subsection (2) of
this section and such governing body by ordinance may disburse
moneys in the Regional Arterial Fund. Moneys within the Regional
Arterial Fund may be disbursed only for a program of projects
recommended by a joint policy advisory committee on
transportation consisting of local officials and state agency
representatives designated by the district referred to in
subsection (2) of this section. The projects for which the joint
policy advisory committee on transportation can recommend funding
must concern arterials, collectors or other improvements
designated by the joint policy advisory committee on
transportation.
(5) Ordinances establishing registration fees under this
section must be filed with the Department of Transportation. The
governing body of the district imposing the registration fee
shall enter into an intergovernmental agreement under ORS 190.010
with the department by which the department shall collect the
registration fees, pay them over to the district and, if
necessary, allow the credit or credits described in ORS 803.445
(5). The intergovernmental agreement must state the date on which
the department shall begin collecting registration fees for the
district.
(6) The authority granted by this section allows the
establishment of registration fees in addition to those described
in ORS 803.420. There is no authority under this section to
affect registration periods, qualifications, cards, plates,
requirements or any other provision relating to vehicle
registration under the vehicle code.
(7) Except as otherwise provided for in this subsection, when
registration fees are imposed under this section, the fees must
be imposed on all vehicle classes. Registration fees as provided
under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100 to disabled veterans.
(d) Vehicles registered as antique vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of special interest under
ORS 805.020.
(f) Government-owned or operated vehicles registered under ORS
805.040 or 805.045.
(g) School buses or school activity vehicles registered under
ORS 805.050.
(h) Law enforcement undercover vehicles registered under ORS
805.060.
(i) Vehicles registered on a proportional basis for interstate
operation.
(j) Vehicles with a registration weight of 26,001 pounds or
more described in ORS 803.420 { - (10) or (11) - } { + (11)
or (12) + }.
(k) Vehicles registered as farm vehicles under the provisions
of ORS 805.300.
(L) Travel trailers, campers and motor homes.
(8) Any registration fee imposed by the governing body of a
district must be a fixed amount not to exceed, with respect to
any vehicle class, the registration fee established under ORS
803.420 (1). For vehicles on which a flat fee is imposed under
ORS 803.420, the fee must be a whole dollar amount.
SECTION 6. ORS 802.320 is amended to read:
802.320. (1) In addition to any duties under ORS 802.310, the
Department of Transportation, in consultation with the
Transportation Safety Committee, shall establish a motorcycle
safety program that complies with this section to the extent
moneys are available for such program from the Motorcycle Safety
Subaccount under ORS 802.340. The program established may include
the following:
(a) Motorcycle { + and quadricycle + } safety promotion and
public education.
(b) The development of training sites for courses approved by
the department to teach safe and proper operation of
motorcycles { + , quadricycles + } and mopeds.
(c) Classroom instruction and actual driving instruction
necessary to teach safe and proper operation of motorcycles { + ,
quadricycles + } and mopeds.
(d) The development of a mobile training unit.
(e) The acquisition of films and equipment that may be loaned
to the public for the encouragement of motorcycle { + ,
quadricycle + } and moped safety.
(f) { - The department may charge - } A fee for services
provided under the program. Any fee charged by the department
under this paragraph shall be established by rule and shall not
be in an amount that will discourage persons from participating
in safety programs offered by the department under this section.
(g) Advice and assistance, including monetary assistance, for
motorcycle safety programs operated by government or
nongovernment organizations.
(h) Other education or safety programs the department
determines will help promote the safe operation of
motorcycles { + , quadricycles + } and mopeds, promote safe and
lawful driving habits, assist in accident prevention and reduce
the need for intensive highway policing.
(2) Subject to the State Personnel Relations Law under ORS
chapter 240, the department shall employ such employees as the
department determines necessary to carry out the purposes of this
section to:
(a) Advise and assist motorcycle safety programs in this state.
(b) Act as a liaison between government agencies and advisory
committees and interested motorcyclist groups.
(3) The department may provide for the performance of training
and other functions of the program established under this section
by contracting with any private or public organizations or
entities the department determines appropriate to achieve the
purposes of this section. The organizations the department may
contract with under this subsection include, but are not limited
to, nonprofit private organizations, private organizations that
are operated for profit, public or private schools, community
colleges or public agencies or political subdivision.
SECTION 7. ORS 803.415 is amended to read:
803.415. This section establishes registration periods for
vehicles. The registration periods are periods described under
ORS 803.400. Except as provided in the following, the
registration period for any vehicle registered in this state by
the Department of Transportation is a biennial registration
period:
(1) The following vehicles have permanent registration:
(a) Antique vehicles registered under ORS 805.010.
(b) Vehicles of special interest registered under ORS 805.020.
(c) Trailers that will be operated on the highways at a loaded
weight of more than 8,000 pounds and are not travel trailers,
fixed load vehicles or special use trailers.
(2) Government-owned vehicles registered under ORS 805.040 have
ownership registration.
(3) The following vehicles may be registered under annual or
quarterly registration unless the vehicles are registered under
proportional registration under ORS 826.009 or proportional fleet
registration under ORS 826.011:
(a) Vehicles required to establish a registration weight under
ORS 803.430.
(b) Commercial buses.
(c) Vehicles registered as farm vehicles under ORS 805.300.
(4) Snowmobiles are registered as provided in ORS 821.080.
(5) Vehicles operated by dealers who hold certificates under
ORS 822.020 are as provided under ORS 822.040.
(6) Trailers for hire that will be operated at a loaded weight
of 8,000 pounds or less may be registered as follows:
(a) Annual registration; or
(b) If registered under an agreement pursuant to ORS 802.500,
for a period of time determined as specified in the agreement or
as determined by the department.
(7) Except as otherwise provided in subsection (10) of this
section, the registration period for electric vehicles and hybrid
vehicles that use electricity and another source of motive power
is a biennial registration period except that the registration
period for the following electric or hybrid vehicles is an annual
registration period:
(a) Commercial buses.
(b) Electric or hybrid vehicles registered as farm vehicles
under ORS 805.300.
(c) Vehicles required to establish registration weight under
ORS 803.430.
(8) Vehicles registered under ORS 805.100 have an ownership
registration period.
(9) School vehicles registered under ORS 805.050 have ownership
registration except that the registration shall continue to be
valid if ownership of the vehicle is transferred to a person who
continues to use the vehicle for purposes authorized by ORS
805.050.
(10) The following vehicles have a four-year registration
period:
(a) New vehicles registered under ORS 803.420 (1) for which new
registration plates will be issued;
(b) New mopeds registered under ORS 803.420 (2) for which new
registration plates will be issued;
(c) New motorcycles registered under ORS 803.420 (3) for which
new registration plates will be issued; { - and - }
{ + (d) New quadricycles registered under ORS 803.420 (4) for
which new registration plates will be issued; and + }
{ - (d) - } { + (e) + } New vehicles registered under ORS
803.420 { - (9)(a) - } { + (10)(a) + } for which new
registration plates will be issued.
(11) A rental or leasing company, as defined in ORS 221.275,
may elect an annual, a biennial or a four-year registration
period for the initial registration of a new vehicle registered
under ORS 803.420 (1) or { - (9)(a) - } { + (10)(a) + } for
which new registration plates will be issued if the company owns
the vehicle that is being registered. The subsequent renewal or
reregistration periods for the vehicle are biennial.
SECTION 8. ORS 803.420 is amended to read:
803.420. This section establishes registration fees for
vehicles. If there is uncertainty as to the classification of a
vehicle for purposes of the payment of registration fees under
the vehicle code, the Department of Transportation may classify
the vehicle to assure that registration fees for the vehicle are
the same as for vehicles the department determines to be
comparable. The registration fees for the vehicle shall be those
based on the classification determined by the department. Except
as otherwise provided in this section, or unless the vehicle is
registered quarterly, the fees described in this section are for
an entire registration period for the vehicle as described under
ORS 803.415. The department shall apportion any fee under this
section to reflect the number of quarters registered for a
vehicle registered for a quarterly registration period under ORS
803.415. The fees are payable when a vehicle is registered and
upon renewal of registration. Except as provided in ORS 801.041
(3) and 801.042 (7), the fee shall be increased by any amount
established by the governing body of a county or by the governing
body of a district, as defined in ORS 801.237 under ORS 801.041
or 801.042 as an additional registration fee for the vehicle. The
fees for registration of vehicles are as follows:
(1) Vehicles not otherwise provided for in this section or ORS
821.320, $27 for each year of the registration period.
(2) Mopeds, $15 for each year of the registration period.
(3) Motorcycles, $15 for each year of the registration period.
{ + (4) Quadricycles, $15 for each year of the registration
period. + }
{ - (4) - } { + (5) + } Government-owned vehicles
registered under ORS 805.040, $3.50.
{ - (5) - } { + (6) + } State-owned vehicles registered
under ORS 805.045, $3.50 on registration or renewal.
{ - (6) - } { + (7) + } Undercover vehicles registered
under ORS 805.060, $3.50 on registration or renewal.
{ - (7) - } { + (8) + } Antique vehicles registered under
ORS 805.010, $54.
{ - (8) - } { + (9) + } Vehicles of special interest
registered under ORS 805.020, $81.
{ - (9) - } { + (10) + } Electric vehicles and hybrid
vehicles that use electricity and another source of motive power,
as follows:
(a) The registration fee for an electric or hybrid vehicle not
otherwise described in this subsection is $27 for each year of
the registration period.
(b) The registration fee for electric or hybrid vehicles that
have two or three wheels is $27. This paragraph does not apply to
electric or hybrid mopeds. Electric or hybrid mopeds are subject
to the same registration fee as otherwise provided for mopeds
under this section.
(c) The registration fees for the following electric or hybrid
vehicles are the same as for comparable nonelectric vehicles
described in this section plus 50 percent of such fee:
(A) Motor homes.
(B) Commercial buses.
(C) Vehicles registered as farm vehicles under ORS 805.300.
(D) Vehicles required to establish registration weight under
ORS 803.430 or 826.013.
{ - (10) - } { + (11) + } Motor vehicles required to
establish a registration weight under ORS 803.430 or 826.013, and
commercial buses as provided in the following chart, based upon
the weight submitted in the declaration of weight prepared under
ORS 803.435 or 826.015:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,000 or less $ 27
8,001 t10,000 169
10,001t12,000 192
12,001t14,000 215
14,001t16,000 238
16,001t18,000 261
18,001t20,000 291
20,001t22,000 314
22,001t24,000 345
24,001t26,000 375
26,001t28,000 184
28,001t30,000 192
30,001t32,000 207
32,001t34,000 215
34,001t36,000 230
36,001t38,000 238
38,001t40,000 253
40,001t42,000 261
42,001t44,000 276
44,001t46,000 284
46,001t48,000 291
48,001t50,000 307
50,001t52,000 322
52,001t54,000 330
54,001t56,000 337
56,001t58,000 352
58,001t60,000 368
60,001t62,000 383
62,001t64,000 398
64,001t66,000 406
66,001t68,000 421
68,001t70,000 429
70,001t72,000 444
72,001t74,000 452
74,001t76,000 467
76,001t78,000 475
78,001t80,000 490
80,001t82,000 498
82,001t84,000 513
84,001t86,000 521
86,001t88,000 536
88,001t90,000 544
90,001t92,000 559
92,001t94,000 567
94,001t96,000 582
96,001t98,000 590
98,001100,000 598
100,00102,000 613
102,00104,000 621
104,00105,500 636
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (11)(a) - } { + (12)(a) + } Motor vehicles with a
registration weight of more than 8,000 pounds that are described
in ORS 825.015, that are operated by a charitable organization as
defined in ORS 825.017 (14), that are certified under ORS 822.205
or that are used exclusively to transport manufactured
structures, as provided in the following chart:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,001 t10,000 $ 50
10,001t12,000 60
12,001t14,000 65
14,001t16,000 75
16,001t18,000 80
18,001t20,000 90
20,001t22,000 95
22,001t24,000 105
24,001t26,000 110
26,001t28,000 120
28,001t30,000 125
30,001t32,000 135
32,001t34,000 140
34,001t36,000 150
36,001t38,000 155
38,001t40,000 165
40,001t42,000 170
42,001t44,000 180
44,001t46,000 185
46,001t48,000 190
48,001t50,000 200
50,001t52,000 210
52,001t54,000 215
54,001t56,000 220
56,001t58,000 230
58,001t60,000 240
60,001t62,000 250
62,001t64,000 260
64,001t66,000 265
66,001t68,000 275
68,001t70,000 280
70,001t72,000 290
72,001t74,000 295
74,001t76,000 305
76,001t78,000 310
78,001t80,000 320
80,001t82,000 325
82,001t84,000 335
84,001t86,000 340
86,001t88,000 350
88,001t90,000 355
90,001t92,000 365
92,001t94,000 370
94,001t96,000 380
96,001t98,000 385
98,001100,000 390
100,00102,000 400
102,00104,000 405
104,00105,500 415
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(b) The owner of a vehicle described in paragraph (a) of this
subsection must certify at the time of initial registration, in a
manner determined by the department by rule, that the motor
vehicle will be used exclusively to transport manufactured
structures or exclusively as described in ORS 822.210, 825.015 or
825.017 (14). Registration of a vehicle described in paragraph
(a) of this subsection is invalid if the vehicle is operated in
any manner other than that described in the certification under
this paragraph.
{ - (12) - } { + (13) + } Trailers registered under
permanent registration, $10.
{ - (13) - } { + (14) + } Fixed load vehicles as follows:
(a) If a declaration of weight described under ORS 803.435 is
submitted establishing the weight of the vehicle at 3,000 pounds
or less, $54.
(b) If no declaration of weight is submitted or if the weight
of the vehicle is in excess of 3,000 pounds, $75.
{ - (14) - } { + (15) + } Trailers for hire that are
equipped with pneumatic tires made of an elastic material and
that are not travel trailers or trailers registered under
permanent registration, $27.
{ - (15) - } { + (16) + } Trailers registered as part of a
fleet under an agreement reached pursuant to ORS 802.500, the
same as the fee for vehicles of the same type registered under
other provisions of the Oregon Vehicle Code.
{ - (16) - } { + (17) + } Travel trailers, campers and
motor homes as follows, based on length as determined under ORS
803.425:
(a) For travel trailers or campers that are 6 to 10 feet in
length, $81.
(b) For travel trailers or campers over 10 feet in length, $81
plus $6.75 a foot for each foot of length over the first 10 feet.
(c) For motor homes that are 6 to 14 feet in length, $54.
(d) For motor homes over 14 feet in length, $126 plus $7.50 a
foot for each foot of length over the first 10 feet.
{ - (17) - } { + (18) + } Special use trailers as follows,
based on length as determined under ORS 803.425:
(a) For lengths 6 to 10 feet, $54.
(b) For special use trailers over 10 feet in length, $54 plus
$3 a foot for each foot of length over the first 10 feet.
{ - (18) - } { + (19) + } Fees for vehicles with
proportional registration under ORS 826.009, or proportioned
fleet registration under ORS 826.011, are as provided for
vehicles of the same type under this section except that the fees
shall be fixed on an apportioned basis as provided under the
agreement established under ORS 826.007.
{ - (19) - } { + (20) + } For any vehicle that is
registered under a quarterly registration period, a minimum of
$15 for each quarter registered plus an additional fee of $1.
{ - (20) - } { + (21) + } In addition to any other fees
charged for registration of vehicles in fleets under ORS 805.120,
the department may charge the following fees:
(a) A $2 service charge for each vehicle entered into a fleet.
(b) A $1 service charge for each vehicle in the fleet at the
time of renewal.
{ - (21) - } { + (22) + } The registration fee for vehicles
with special registration for disabled veterans under ORS 805.100
is a fee of $15.
{ - (22) - } { + (23) + } Subject to subsection
{ - (19) - } { + (20) + } of this section, the registration
fee for motor vehicles registered as farm vehicles under ORS
805.300 is as follows based upon the registration weight given in
the declaration of weight submitted under ORS 803.435:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,000 or less $ 27
8,001 t10,000 30
10,001t12,000 35
12,001t14,000 45
14,001t16,000 50
16,001t18,000 60
18,001t20,000 65
20,001t22,000 75
22,001t24,000 80
24,001t26,000 90
26,001t28,000 95
28,001t30,000 105
30,001t32,000 110
32,001t34,000 120
34,001t36,000 125
36,001t38,000 135
38,001t40,000 140
40,001t42,000 150
42,001t44,000 155
44,001t46,000 165
46,001t48,000 170
48,001t50,000 180
50,001t52,000 185
52,001t54,000 190
54,001t56,000 200
56,001t58,000 210
58,001t60,000 215
60,001t62,000 220
62,001t64,000 230
64,001t66,000 240
66,001t68,000 245
68,001t70,000 250
70,001t72,000 260
72,001t74,000 265
74,001t76,000 275
76,001t78,000 280
78,001t80,000 290
80,001t82,000 295
82,001t84,000 305
84,001t86,000 310
86,001t88,000 320
88,001t90,000 325
90,001t92,000 335
92,001t94,000 340
94,001t96,000 350
96,001t98,000 355
98,001100,000 365
100,00102,000 370
102,00104,000 380
104,00105,500 385
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (23) - } { + (24) + } The registration fee for school
vehicles registered under ORS 805.050 is $7.50.
{ - (24) - } { + (25) + } The registration fee for a
low-speed vehicle is $54.
{ - (25) - } { + (26) + } A rental or leasing company, as
defined in ORS 221.275, that elects to initially register a
vehicle for an annual or biennial registration period shall pay a
fee of $1 in addition to the vehicle registration fee provided
under this section.
{ - (26) - } { + (27) + } Racing activity vehicles
registered under ORS 805.035, $81.
SECTION 9. ORS 803.525 is amended to read:
803.525. The Department of Transportation shall issue two
registration plates for every vehicle that is registered by the
department except as otherwise provided in this section. Upon
renewal or when otherwise provided under ORS 803.555, the
department may issue stickers in lieu of or in addition to
registration plates. The following shall be issued plates as
described:
(1) Only one registration plate shall be issued for a moped,
motorcycle, { + quadricycle, + } trailer, antique vehicle or
vehicle of special interest registered by the department.
(2) Only one plate shall be issued for a camper that is
registered. Stickers may be issued in lieu of a plate.
SECTION 10. ORS 803.565 is amended to read:
803.565. (1) Except as provided in subsections (2) and (3) of
this section, when a person who has a vehicle dealer certificate
issued under ORS 822.020 or a towing business certificate issued
under ORS 822.205 sells a motor vehicle that has valid Oregon
registration plates, the person shall remove the registration
stickers from the registration plates of the vehicle if the
vehicle:
(a) Has a gross vehicle weight rating of 8,000 pounds or less;
(b) Is designed to carry passengers; and
(c) Is not a motorcycle, { + quadricycle, + } moped or
snowmobile.
(2) A person who has a vehicle dealer certificate issued under
ORS 822.020 need not remove registration stickers under
subsection (1) of this section if:
(a) The person submits title and registration documents to the
Department of Transportation on behalf of the buyer of the
vehicle; or
(b) The person sells the vehicle to another person who has a
vehicle dealer certificate issued under ORS 822.020.
(3) A person who has a towing business certificate issued under
ORS 822.205 need not remove registration stickers under
subsection (1) of this section if the person sells the vehicle to
a person who has a vehicle dealer certificate issued under ORS
822.020 or to a person who has a dismantler certificate issued
under ORS 822.110.
SECTION 11. ORS 805.103 is amended to read:
805.103. (1) The Department of Transportation shall provide for
issuance of registration plates for a motor vehicle registered
under ORS 803.420 (1) or { - (9)(a) - } { + (10)(a) + }, in a
manner consistent with this section, to motor vehicle owners who
qualify for the plates as Congressional Medal of Honor recipients
under subsection (2) this section.
(2) A person who is a Congressional Medal of Honor recipient
qualifies for registration plates under this section if the
person provides the department with a certificate from the United
States Department of Veterans Affairs attesting to the person's
status as a Congressional Medal of Honor recipient.
(3) Registration plates issued under this section shall be
considered customized registration plates for purposes of the fee
required in ORS 805.250.
(4) The department may not issue registration plates for a
motor vehicle under this section if another motor vehicle owned
by the applicant has been issued registration plates under this
section.
(5) The registration plates issued under this section shall:
(a) Be issued with a unique background design determined by the
department;
(b) Be issued with a specific configuration as determined by
the department;
(c) Contain the words 'Medal of Honor';
(d) Contain the image of the Congressional Medal of Honor; and
(e) Meet the requirements for registration plates under ORS
803.535.
(6) If there is a transfer of interest in the motor vehicle to
which the registration plate under this section is assigned, or
if the motor vehicle is totaled and not reconstructed, the motor
vehicle owner shall remove the registration plate. The
Congressional Medal of Honor recipient may retain the
registration plate, but the registration plate may not be placed
on any other motor vehicle unless the registration plate is
transferred as set forth in subsection (7) of this section.
(7) If the motor vehicle owner qualifies for the registration
plates under subsection (2) of this section, the department may
transfer registration plates issued under this section to another
motor vehicle registered under ORS 803.420 (1) or
{ - (9)(a) - } { + (10)(a) + }, as set forth in ORS 805.242.
(8) The department shall cancel any registration plates issued
under this section if the department determines that the motor
vehicle is owned by a person who does not qualify for the
registration plates under subsection (2) of this section or that
the motor vehicle is not registered under ORS 803.420 (1) or
{ - (9)(a) - } { + (10)(a) + }.
(9) The department may adopt rules necessary to carry out the
provisions of this section.
SECTION 12. ORS 805.105 is amended to read:
805.105. (1) The Department of Transportation shall establish a
veterans' recognition registration plate program to issue
registration plates called 'veterans' recognition registration
plates' upon request to an owner of any motor vehicle registered
under ORS 803.420 (1) or { - (9)(a) - } { + (10)(a) + } if
the owner of the motor vehicle qualifies for the plates. Rules
adopted under this section shall include, but need not be limited
to, rules that:
(a) Describe general qualifications to be met by any veterans'
group in order to be eligible for a veterans' recognition
registration plate issued under this section.
(b) Specify circumstances under which the department may cease
to issue veterans' recognition registration plates.
(c) Specify what constitutes proof of veteran status for
issuance of a veterans' recognition registration plate, if such
proof is required by a veterans' group or by the Director of
Veterans' Affairs.
(d) Specify what constitutes proof that a person is a surviving
family member of a person who was killed in action during an
armed conflict while serving in the Armed Forces of the United
States. The department may only issue a veteran's recognition
registration plate displaying a gold star decal and the words
'Gold Star Family' to a person who is a parent, spouse or
dependent of a person who was killed in action during an armed
conflict while serving in the Armed Forces of the United States.
(2)(a) In addition to any other fee authorized by law, upon
issuance of a veterans' recognition registration plate under this
section and upon renewal of registration for a vehicle that has
plates issued under this section, the department shall collect a
surcharge of $2.50 per plate for each year of the registration
period for the vehicle as described under ORS 803.415.
(b) Except as otherwise provided in paragraph (c) of this
subsection, net proceeds of the surcharge collected by the
department for the veterans' recognition registration plate shall
be deposited in the trust fund established under ORS 406.050 for
paying the expenses of operating the Oregon Veterans' Home.
(c) If the department issues a veterans' recognition
registration plate that names, describes or represents a
veterans' group, that veterans' group may designate an account
into which the net proceeds of the surcharge collected by the
department under this section are to be deposited. The department
shall keep accurate records of the number of plates issued under
this paragraph for each veterans' group and, after payment of
administrative expenses of the department, shall deposit moneys
collected under this subsection into the specified account.
(d) Deposits under this subsection shall be made quarterly.
(3)(a) In consultation with the Department of Transportation,
the Director of Veterans' Affairs shall design the veterans'
recognition registration plate.
(b) If the department issues a veterans' recognition
registration plate to recognize a veterans' group, the department
shall, in consultation with the requesting veterans' group, add
words or a military-related decal to the veterans' recognition
registration plate that names, describes or represents the
veterans' group.
(c) The department shall add a gold star decal and the words '
Gold Star Family' to a veterans' recognition registration plate
background to recognize surviving family members of persons
killed in action during an armed conflict while serving in the
Armed Forces of the United States.
(d) Except as otherwise required by the design, veterans'
recognition registration plates must comply with the requirements
of ORS 803.535.
(4) The department shall determine how many sets of veterans'
recognition registration plates will be manufactured. If the
department does not sell or issue renewal for 500 sets of
veterans' recognition registration plates in any one year, the
department shall cease production of veterans' recognition
registration plates. For the purposes of this section, veterans'
recognition registration plates that name, describe or represent
a veterans' group are included in the total number of veterans'
recognition registration plates issued.
SECTION 13. ORS 805.115 is amended to read:
805.115. (1) In the absence of just cause for refusal, the
Department of Transportation shall provide for registration in a
manner consistent with this section for persons who qualify under
this section as active members of the Oregon National Guard. The
special registration provisions under this section are subject to
the following:
(a) The fee to register or renew registration under this
section shall be the regular registration fee for the vehicle.
(b) Any motor vehicle registered under ORS 803.420 (1) and
{ - (16)(c) - } { + (17)(c) + } and (d) may be registered
under this section.
(2) A person is eligible for registration under this section if
the person is issued a certificate by the Oregon Military
Department certifying that the person is an active member of the
Oregon National Guard.
(3) The department may suspend, revoke or refuse to renew any
registration issued under this section if the department
determines that the vehicle is owned by a person not qualified
for registration under this section or that the vehicle is not
eligible for registration under this section.
(4) The Oregon Military Department shall notify the Department
of Transportation within 30 days if a person issued a certificate
described in subsection (2) of this section ceases to be an
active member of the Oregon National Guard.
SECTION 14. ORS 805.250 is amended to read:
805.250. This section establishes fees for issuance of
registration plates authorized under ORS 805.200. If a fee for
plates authorized in ORS 805.200 is not established in this
section, the fee is the same fee as established under ORS
803.570. Where a fee is established under this section, the fee
is in addition to the fee established under ORS 803.570 unless
otherwise provided in the following:
(1) Amateur radio operator registration plates issued under ORS
805.230, $5.
(2) Customized registration plates issued under ORS 805.240:
(a) For original issuance or renewal, $25 annual fee.
(b) For issuance of a duplicate or replacement plate, $5 when
the plate is issued at the time of renewal of registration or $10
when the plate is issued at any other time.
(3) Special interest registration plates approved under ORS
805.210 are approved without cost except as provided in this
subsection, including without payment of the fee established
under ORS 803.570. If identifying stickers are required, $1 per
sticker or pair of stickers.
(4) Dealer plates issued under ORS 822.020 and 822.040 are as
follows:
(a) For the original dealer plate, no fee except the fee
established under ORS 803.570.
(b) For replacement dealer plates, $10 for each plate except
that persons dealing exclusively in motorcycles,
{ + quadricycles, + } mopeds, snowmobiles or any combination of
those vehicles shall pay only $3 for each replacement plate.
(c) For additional plates, or for renewal of registration, $42,
except that persons dealing exclusively in motorcycles, { +
quadricycles, + } mopeds or snowmobiles or any combination of
those vehicles shall pay only $9 for each additional plate, or
for renewal of registration.
(5) Special vehicle transporter plates or devices issued under
ORS 822.310, $5 for each plate or device.
SECTION 15. ORS 807.020 is amended to read:
807.020. A person who is granted a driving privilege by this
section may exercise the driving privilege described without
violation of the requirements under ORS 807.010. A grant of
driving privileges to operate a motor vehicle under this section
is subject to suspension and revocation the same as other driving
privileges granted under the vehicle code. This section is in
addition to any exemptions from the vehicle code under ORS
801.026. The following persons are granted the described driving
privileges:
(1) A person who is not a resident of this state or who has
been a resident of this state for less than 30 days may operate a
motor vehicle without an Oregon license or driver permit if the
person holds a current out-of-state license issued to the person.
For the purpose of this subsection, a person is a resident of
this state if the person meets the residency requirements
described in ORS 807.062. To qualify under this subsection, the
person must have the out-of-state license or driver permit in the
person's possession. A person is not granted driving privileges
under this subsection:
(a) If the person is under the minimum age required to be
eligible for driving privileges under ORS 807.060;
(b) During a period of suspension or revocation by this state
or any other jurisdiction of driving privileges or of the right
to apply for a license or driver permit issued by this state or
any other jurisdiction; or
(c) That exceed the driving privileges granted to the person by
the out-of-state license or driver permit.
(2) A person in the Armed Forces of the United States may
operate a motor vehicle without an Oregon license or driver
permit if the person:
(a) Has a current out-of-state license or driver permit issued
by the Armed Forces; and
(b) Is operating an official motor vehicle in the course of the
person's duties in the Armed Forces.
(3) A person without a license or driver permit may operate a
road roller or road machinery that is not required to be
registered under the laws of this state.
(4) A person without a license or driver permit may temporarily
operate, draw, move or propel a farm tractor or implement of
husbandry.
(5) A person without a license or driver permit may operate a
motor vehicle to demonstrate driving ability during the course of
an examination administered under ORS 807.070 for the purpose of
qualifying for a license or driver permit. This subsection only
applies when an authorized examiner is in a seat beside the
driver of the motor vehicle.
(6) Driving privileges for snowmobiles are exclusively as
provided in ORS 821.150.
(7) Driving privileges for Class I all-terrain vehicles are
exclusively as provided in ORS 821.170.
(8) Driving privileges for Class III all-terrain vehicles are
exclusively as provided in ORS 821.172.
(9) A person without a license or driver permit may operate a
golf cart in accordance with an ordinance adopted under ORS
810.070.
(10) The spouse of a member of the Armed Forces of the United
States on active duty who is accompanying the member on
assignment in this state may operate a motor vehicle if the
spouse has a current out-of-state license or driver permit issued
to the spouse by another state in the spouse's possession.
(11) A person who is a member of the Armed Forces of the United
States on active duty may operate a motor vehicle if the person
has a current out-of-state license or driver permit in the
person's possession that is issued to the person by the person's
state of domicile or by the Armed Forces of the United States in
a foreign country. Driving privileges described under this
subsection that are granted by the Armed Forces apply only for a
period of 45 days from the time the person returns to the United
States.
(12) A person who does not hold a motorcycle endorsement may
operate a motorcycle { + or quadricycle + } if the person is:
(a) Within an enclosed cab; or
(b) Operating a vehicle designed to travel with three wheels in
contact with the ground at speeds of less than 15 miles per hour.
(13) A person may operate a bicycle that is not an electric
assisted bicycle without any grant of driving privileges.
(14) A person may operate an electric assisted bicycle without
a driver license or driver permit if the person is 16 years of
age or older.
(15) A person may operate a motor assisted scooter without a
driver license or driver permit if the person is 16 years of age
or older.
(16) A person who is not a resident of this state or who has
been a resident of this state for less than 30 days may operate a
motor vehicle without an Oregon license or driver permit if the
person is at least 15 years of age and has in the person's
possession a current out-of-state equivalent of a Class C
instruction driver permit issued to the person. For the purpose
of this subsection, a person is a resident of this state if the
person meets the residency requirements described in ORS 807.062.
A person operating a motor vehicle under authority of this
subsection has the same privileges and is subject to the same
restrictions as a person operating under the authority of a Class
C instruction driver permit issued as provided in ORS 807.280.
(17) A person may operate an electric personal assistive
mobility device without any grant of driving privileges if the
person is 16 years of age or older.
SECTION 16. ORS 807.035 is amended to read:
807.035. This section describes the type of driving privileges
granted by various endorsements issued by this state. The
following endorsements grant the driving privileges described:
(1) A motorcycle endorsement authorizes a person to operate any
motorcycle { + or quadricycle + }.
(2) A hazardous materials endorsement authorizes a person to
operate a vehicle transporting hazardous materials.
(3) A tank vehicle endorsement authorizes a person to operate
tank vehicles.
(4) A passenger endorsement authorizes a person to operate a
vehicle that is designed to transport 16 or more persons,
including the driver, but that is not a school bus.
(5) A school bus endorsement authorizes a person to operate a
school bus if the person also holds a valid passenger
endorsement.
(6) A double and triple trailer endorsement authorizes a person
to operate a commercial motor vehicle with double and triple
trailer combinations.
(7) A combined endorsement authorizes a person to operate a
tank vehicle, transport hazardous materials and transport
hazardous materials in a tank vehicle.
(8) A Class A farm endorsement authorizes a person to:
(a) Operate or tow any vehicle that can be operated by the
holder of a Class A commercial driver license if the vehicle is:
(A) Controlled or operated by a farmer;
(B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
(C) Not used in the operation of a common or contract motor
carrier; and
(D) Used within 150 miles of the farmer's farm.
(b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
(c) Operate any vehicle described in paragraph (a) of this
subsection that is a tank vehicle or a double trailer combination
without holding a tank vehicle endorsement or a double and triple
trailer endorsement.
(9) A Class B farm endorsement authorizes a person to:
(a) Operate or tow any vehicle that can be operated or towed by
the holder of a Class B commercial driver license if the vehicle
is:
(A) Controlled or operated by a farmer;
(B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
(C) Not used in the operation of a common or contract motor
carrier; and
(D) Used within 150 miles of the farmer's farm.
(b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
(c) Operate any vehicle described in paragraph (a) of this
subsection that is a tank vehicle without holding a tank vehicle
endorsement.
SECTION 17. ORS 807.280 is amended to read:
807.280. The Department of Transportation shall provide for the
issuance of instruction driver permits in a manner consistent
with this section. A person who is issued an instruction driver
permit may exercise the same driving privileges as those under
the class of license or endorsement for which the permit is
issued except as provided in this section or under the permit.
Except as otherwise provided in this section, an instruction
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a license or endorsement
granting the same driving privileges. The following apply to an
instruction driver permit:
(1) An instruction driver permit is subject to the same
classifications and endorsements as a license. The department may
issue an instruction driver permit to grant the same driving
privileges as a Class A commercial, Class B commercial, Class C
commercial or Class C driver license or as a motorcycle
endorsement, but the permit will also be subject to the
provisions of this section.
(2) The department may issue an instruction driver permit to a
person who is qualified to obtain the same driving privileges
under the corresponding class of license or type of endorsement
except for the person's age or lack of experience in the
operation of motor vehicles subject to the following:
(a) An applicant must be 15 years of age or older to receive
the same driving privileges as are granted under a Class C
license.
(b) An applicant must be 16 years of age or older and have a
commercial driver license or a Class C license to receive the
same driving privileges as are granted under a motorcycle
endorsement.
(c) An applicant must be 18 years of age or older to receive
the same driving privileges as are granted under any class of
license not otherwise provided for under this subsection.
(3) The fees required for issuance or renewal of an instruction
driver permit are the instruction driver permit fees under ORS
807.370.
(4) A Class C instruction driver permit shall be valid for 24
months from the date of issuance. All other instruction driver
permits issued under this section shall be valid for one year
from the date of issuance.
(5) When a permit expires or is about to expire, the department
shall renew the permit if the holder of the permit qualifies for
renewal of the permit under this section and applies for renewal:
(a) Within one year of the expiration of a permit issued under
this section; or
(b) Within six months after the applicant is discharged from
the Armed Forces of the United States if the applicant held a
permit issued by this state at the time of the applicant's entry
into the Armed Forces.
(6) To qualify for renewal of a permit, a person must meet all
of the requirements for the type of permit sought to be renewed,
except that the department may waive the examination unless the
department has reason to believe that the applicant is not
qualified for the permit.
(7) A permit that is renewed under this section may be used on
or after the date of issuance. If the department issues a permit
renewal to a person under this section before the expiration of
the permit being renewed, the older permit is invalid. A permit
that becomes invalid under this subsection shall be surrendered
to the department.
(8) The holder of the permit may not operate a motor vehicle
unless the holder has the permit in the holder's immediate
possession and is accompanied by a person with a class of license
granting the same driving privileges or a license with an
endorsement granting the same driving privileges who is not less
than 21 years of age. The accompanying person must be occupying a
seat beside the holder of the permit unless the permit is for
motorcycle driving privileges. For a permit granting motorcycle
driving privileges, the holder of the permit must be in the
company and under the supervision and visual observation of the
accompanying person and the accompanying person must be operating
a separate motorcycle. If the permit authorizes its holder to
operate a commercial motor vehicle, the accompanying person must
have a commercial driver license and the proper endorsements for
the vehicle being operated by the holder of the permit. The
holder of the permit may not operate any motor vehicle
transporting hazardous materials.
(9) The holder of a permit granting motorcycle { + or
quadricycle + } driving privileges is subject to the following in
addition to any other requirements under this section:
(a) The holder may only operate a motorcycle { + or
quadricycle + } during daylight hours.
(b) The holder may not carry any passengers on the motorcycle
{ + or quadricycle + }.
(c) The holder of the permit must wear an approved helmet while
operating a motorcycle { + or quadricycle + }.
(10)(a) The department may issue an instruction driver permit
to a person with a limited vision condition if a rehabilitation
training specialist certifies to the department that the person
has successfully completed a rehabilitation training program.
(b) As used in this subsection, 'limited vision condition, ' '
rehabilitation training specialist' and 'rehabilitation training
program' have the meanings given those terms in ORS 807.355.
(11) In addition to any other requirements under this section,
the holder of a permit issued under subsection (10) of this
section may operate a motor vehicle only when using a bioptic
telescopic lens.
SECTION 18. ORS 809.419 is amended to read:
809.419. (1)(a) The Department of Transportation shall suspend
the driving privileges of a person if the department requests the
person to submit to examination under ORS 807.340 and the person
fails to appear within a reasonable length of time after being
notified to do so or fails to satisfactorily complete the
required examination. A suspension under this subsection shall
continue until the examination required by the department is
successfully completed.
(b) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
(2) The department shall suspend the driving privileges of a
person if the department requests the person to obtain medical
clearance under ORS 807.070 or 807.090 and the person fails to do
so. The suspension under this subsection shall continue until the
required medical clearance is received by the department.
(3)(a) The department may suspend the driving privileges of a
person who is incompetent to drive a motor vehicle because of a
mental or physical condition or impairment that affects the
person's ability to safely operate a motor vehicle upon the
highways.
(b) A suspension under this subsection shall continue for a
period determined by the department and shall be subject to any
conditions the department determines to be necessary.
(c) The department may impose an immediate suspension of
driving privileges of any person described in paragraph (a) of
this subsection without hearing and without receiving a record of
the conviction of the person of a crime if the department has
reason to believe that the person may endanger people or property
if the person's driving privileges are not immediately suspended.
A suspension under this paragraph is subject to a post-imposition
hearing under ORS 809.440. A person who is denied eligibility
under ORS 807.090 is entitled to a hearing under ORS 809.440.
(4)(a) Whenever the department has reason to believe an
individual with a motorcycle endorsement under ORS 807.170 is
incompetent to operate a motorcycle { + or quadricycle + }, the
department may revoke the endorsement.
(b) Upon revocation under this subsection, the endorsed license
shall be surrendered to the department.
(c) Upon surrender of the endorsed license, the department may
issue a license without endorsement for the unexpired period of
the license.
(5) Upon notification by the superintendent of a hospital under
ORS 807.700 that a person should not drive, the department shall
immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review under ORS 809.440 and shall continue until
such time as the person produces a judicial judgment of
competency or a certificate from the superintendent of the
hospital that the person is competent, or establishes eligibility
under ORS 807.090.
(6) Upon notification by a court under ORS 810.375 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review under ORS 809.440 and shall continue until such time as
the person establishes eligibility under ORS 807.090.
SECTION 19. ORS 810.020 is amended to read:
810.020. (1) Each road authority may prohibit or restrict the
use of a throughway in its jurisdiction by any of the following:
(a) Parades.
(b) Bicycles or other nonmotorized traffic.
(c) Motorcycles { + , quadricycles + } or mopeds.
(2) Regulation under this section becomes effective when
appropriate signs giving notice of the regulation are erected
upon a throughway and the approaches to the throughway.
(3) Penalties for violation of restrictions or prohibitions
imposed under this section are provided under ORS 811.445.
(4) The Oregon Transportation Commission shall act as road
authority under this section in lieu of the Department of
Transportation.
SECTION 20. ORS 811.385 is amended to read:
811.385. (1) A person commits the offense of depriving a
motorcycle { + , quadricycle + } or moped of a full lane if the
person operates a motor vehicle upon a roadway laned for traffic
in a manner that prevents a moped operator { + ,
quadricyclist + } or motorcyclist from full use of a lane.
(2) This section does not apply to operators of
motorcycles { + , quadricycles + } or mopeds whose use of lanes
is controlled by ORS 814.240 and 814.250.
(3) The offense described in this section, depriving a
motorcycle { + , quadricycle + } or moped of a full lane, is a
Class B traffic violation.
SECTION 21. ORS 811.515 is amended to read:
811.515. This section establishes requirements for ORS 811.520.
Except where an exemption under ORS 811.525 specifically provides
otherwise, a vehicle that does not comply with this section is in
violation of ORS 811.520. Where specific types of lighting
equipment are mentioned in this section, those types are types
described in ORS 816.040 to 816.290. The requirements under this
section are as follows:
(1) Subject to any other provision of this section, any
lighting equipment a vehicle is required to be equipped with
under ORS 816.040 to 816.290 must be displayed when the vehicle
is upon a highway within this state at any time limited
visibility conditions exist. The provisions of this subsection
apply during the times stated when the required visibility is
measured on a straight, level unlighted highway.
(2) Parking lights and lights other than clearance,
identification and marker lights that are mounted on the front of
a vehicle and are designed to be displayed primarily when the
vehicle is parked shall not be lighted when a vehicle is driven
upon a highway at times when limited visibility conditions exist
except when:
(a) The lights are being used as turn signals; or
(b) The headlights are also lighted at the same time.
(3) Any vehicle parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during times
when limited visibility conditions exist must display parking
lights.
(4) All vehicles not specifically required by ORS 816.320 to be
equipped with lighting equipment shall at times when limited
visibility conditions exist display exempt-vehicle safety
lighting equipment. This section includes, but is not limited to,
animal drawn vehicles and vehicles exempted from required
lighting equipment under ORS 816.340.
(5) Tow vehicle warning lights on tow vehicles shall be
activated when the tow vehicles are engaged in connecting with
other vehicles and drawing such vehicles onto highways or while
servicing disabled vehicles.
(6) When limited visibility conditions exist a person shall use
a distribution of light or composite beam that is directed
sufficiently high and that is of such intensity so as to reveal
persons and vehicles on the highway at a safe distance in advance
of the vehicle. A person violates this subsection if the person
does not comply with the following:
(a) Whenever the driver of a vehicle approaches an oncoming
vehicle within 500 feet, the driver must use a distribution of
light or composite beam so aimed that the glaring rays are not
projected into the eyes of the oncoming driver. The use of the
low beams of the vehicle headlight system is in compliance with
this paragraph at all times regardless of road contour and
loading of the vehicle.
(b) Except when in the act of overtaking or passing, a driver
of a vehicle following another vehicle within 350 feet to the
rear must use the low beams of the vehicle headlight system.
(7) When a vehicle is upon a highway a person shall light not
more than a total of four lights at any one time that are mounted
on the front of a vehicle and that each projects a beam of
intensity greater than 300 candlepower.
(8)(a) A light, other than a headlight, that projects a beam of
light of an intensity greater than 300 candlepower shall not be
operated on a vehicle:
(A) Unless the beam is so directed that no part of the high
intensity portion of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than 75
feet from the vehicle; or
(B) Except as provided in paragraph (b) of this subsection,
when use of the low beams of the vehicle headlight system is
required under subsection (6) of this section.
(b) Notwithstanding paragraph (a)(B) of this subsection, a
light, other than a headlight, may be lighted on a motorcycle
{ + or quadricycle + } provided that the intensity of the light
does not exceed the intensity of the low beams of the headlight
system. A motorcycle { + or quadricycle + } may not be operated
with more than two lights, other than headlights, under this
paragraph.
(9) A spotlight shall not be lighted upon approaching another
vehicle unless the spotlight is so aimed and used so that no part
of the high-intensity portion of the beam will be directed to the
left of the prolongation of the extreme left side of the vehicle
upon which it is mounted, more than 100 feet ahead of the
vehicle.
(10) Auxiliary lights mounted higher than 54 inches shall not
be lighted when the vehicle is used on a highway.
(11) A back-up light shall not be lighted when the vehicle is
in forward motion.
(12) Bus safety lights shall only be operated in accordance
with the following:
(a) The lights may be operated when the vehicle is stopping or
has stopped for the purpose of loading or unloading students who
are going to or from any school or authorized school activity or
function.
(b) The lights may be operated when the vehicle is stopping or
has stopped for the purpose of loading or unloading workers from
worker transport buses.
(c) The lights may be operated when the vehicle is stopping or
has stopped for the purpose of loading or unloading children
being transported to or from religious services or an activity or
function authorized by a religious organization.
(d) The lights may be operated when the vehicle is stopping or
has stopped in a place that obstructs other drivers' ability to
see the bus safety lights on another vehicle.
(e) Notwithstanding any other paragraph of this subsection, the
lights shall not be operated if the vehicle is stopping or has
stopped at an intersection where traffic is controlled by
electrical traffic control signals, other than flashing signals,
or by a police officer.
(f) Notwithstanding any other paragraph of this subsection, the
lights shall not be operated if the vehicle is stopping or has
stopped at a loading or unloading area where the vehicle is
completely off the roadway.
(13)(a) Hazard lights shall be used for the purpose of warning
the operators of other vehicles of the presence of a vehicular
traffic hazard requiring the exercise of unusual care in
approaching, overtaking or passing.
(b) Hazard lights shall be used by the first and last vehicles
in a funeral procession.
(14) Mail delivery lights may be used only while in active
service transporting United States mail for the purpose of
warning other vehicle operators of the vehicle's presence and to
exercise caution in approaching, overtaking or passing. A vehicle
with mail delivery lights is in compliance with this subsection
if the lights are flashed continuously while the vehicle is in
motion in active service transporting mail or if the lights are
actuated by application of the service brake while the vehicle is
parked.
(15) A pilot vehicle warning light may be activated only when
the vehicle equipped with the light is an escort accompanying a
motor vehicle carrying or towing a load of a size or description
not permitted under ORS 818.020, 818.060, 818.090 or 818.160.
(16) Fire company warning lights authorized under a permit
granted under ORS 818.250 may be used by the persons authorized
under the permit while being driven to a fire station or fire
location in response to a fire alarm. Fire company warning lights
authorized under ORS 811.800 may be used by funeral escort
vehicle or funeral lead vehicle drivers while driving in a
funeral procession. The lights shall be covered or otherwise
concealed when not being displayed as provided in this
subsection.
(17) Any lighted headlights upon a parked vehicle shall be
dimmed.
(18) Commercial vehicle warning lights may be used only:
(a) To warn operators of other vehicles of the presence of a
traffic hazard requiring the exercise of unusual care in
approaching, overtaking or passing the commercial vehicle; and
(b) When the commercial vehicle is being used for commercial
purposes and the vehicle is:
(A) Stopped, parked or left standing at a commercial or work
site; or
(B) In a highway work zone as defined in ORS 811.230.
SECTION 22. ORS 811.525 is amended to read:
811.525. This section establishes exemptions from ORS 811.515
and 811.520. The exemptions under this section are in addition to
any exemptions under ORS 801.026. The exemptions established
under this section are partial or complete as described in the
following:
(1) ORS 811.515 and 811.520 shall not be construed to prohibit
the use of additional parts and accessories on any vehicle not
inconsistent with the provisions of those sections.
(2) Except for the provisions relating to exempt-vehicle safety
lighting equipment, ORS 811.515 and 811.520 do not apply to any
of the following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(d) Antique motor vehicles that are 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.
(3) Whenever motor and other vehicles are operated in
combination during the time that lights are required, any
lighting equipment, except the taillight, which by reason of its
location on a vehicle of the combination would be obscured by
another vehicle of the combination, need not be lighted. This
subsection shall not affect the requirement that lighted
clearance lights be displayed on the front of the foremost
vehicle required to have clearance lights nor the requirement
that all lights on the rear of the rearmost vehicle of the
combination be lighted.
(4) Lighting equipment on bicycles shall be lighted as required
under ORS 815.280.
(5) Parked or stopped vehicles are not required to display
parking lights if the road authority for the highway provides by
ordinance or resolution that no lights need be displayed upon a
vehicle parked on the highway in accordance with legal parking
regulations where there is sufficient light to render clearly
discernible any person or object within a distance of 500 feet
from the highway.
(6) Nothing under ORS 811.515 and 811.520 limits the ability to
use the following lights with any other lights during the day or
at night:
(a) Public vehicle warning lights.
(b) Pilot vehicle warning lights.
(c) Tow vehicle warning lights.
(d) Police lights.
(e) Warning lights on vehicles at the scene of an actual or
potential release of hazardous materials, as described in ORS
816.280.
(f) Warning lights on vehicles being used by medical examiners
to reach the scene of an accident or of a death investigation, as
described in ORS 816.280.
(g) Commercial vehicle warning lights.
(7) Requirements for use of motorcycle { + , quadricycle + }
and moped headlights are under ORS 814.320.
(8) Requirements for lighting equipment for an electric
personal assistive mobility device are under ORS 815.284.
SECTION 23. ORS 814.200 is amended to read:
814.200. (1) A person operating a moped { + , quadricycle + }
or motorcycle commits the offense of unlawful moped { + ,
quadricycle + } or motorcycle operation if the person does any of
the following:
(a) Fails to sit on a permanent and regular seat { + or
saddle + } attached to the moped { + , quadricycle + } or
motorcycle.
(b) Fails to sit astride the moped { + , quadricycle + } or
motorcycle seat { + or saddle + } facing forward and with one
leg on each side of the moped { + , quadricycle + } or
motorcycle.
(c) Carries a package, bundle or other article { - which - }
{ + that + } prevents the person from keeping both hands on the
handlebars.
(2) The offense described in this section, unlawful moped { + ,
quadricycle + } or motorcycle operation, is a Class B traffic
violation.
SECTION 24. ORS 814.240 is amended to read:
814.240. (1) A motorcycle operator { + , quadricycle
operator + } or moped operator commits the offense of
motorcycle { + , quadricycle + } or moped unlawful passing in a
lane with a vehicle if the operator does any of the following:
(a) Overtakes and passes in the same lane occupied by the
vehicle the operator is overtaking, unless the vehicle being
passed is a motorcycle { + , quadricycle + } or a moped.
(b) Operates a moped { + , quadricycle + } or motorcycle
between lanes of traffic or between adjacent lines or rows of
vehicles.
(2) This section does not apply to a police officer in the
performance of official duties.
(3) The offense described in this section, motorcycle { + ,
quadricycle + } or moped unlawful passing in a lane with a
vehicle, is a Class B traffic violation.
SECTION 25. ORS 814.250 is amended to read:
814.250. (1) A person commits the offense of operating a
moped { + , quadricycle + } or motorcycle more than two abreast
if the person is operating a moped { + , quadricycle + } or
motorcycle on a roadway laned for traffic and the person is
riding abreast of more than one other motorcycle { + ,
quadricycle + } or moped in the same lane for traffic.
(2) The offense described in this section, { + operating a + }
moped { + , quadricycle + } or motorcycle { - operating - }
more than two abreast, is a Class B traffic violation.
SECTION 26. ORS 814.275 is amended to read:
814.275. (1) A person commits the offense of failure of a
motorcycle { + or quadricycle + } passenger to wear a motorcycle
helmet if the person rides as a passenger on a motorcycle { + or
quadricycle + } and is not wearing a motorcycle helmet.
(2) Exemptions from this section are established in ORS
814.290.
(3) The offense described in this section, failure of a
motorcycle { + or quadricycle + } passenger to wear a motorcycle
helmet, is a Class D traffic violation.
SECTION 27. ORS 814.280 is amended to read:
814.280. (1) A person commits the offense of endangering a
motorcycle { + or quadricycle + } passenger if the person is
operating a motorcycle { + or quadricycle + } and the person
carries another person on the motorcycle { + or quadricycle + }
who is not wearing a motorcycle helmet.
(2) Exemptions from this section are established under ORS
814.290.
(3) The offense described in this section, endangering a
motorcycle { + or quadricycle + } passenger, is a Class D
traffic violation.
SECTION 28. ORS 814.290 is amended to read:
814.290. This section establishes exemptions from the
requirements and penalties relating to the use of motorcycle
helmets under ORS 814.260 to 814.280 { + and section 3 of this
2009 Act + }. A person is not in violation of ORS 814.260,
814.269, 814.275 or 814.280 { + or section 3 of this 2009
Act + } if the person is any of the following:
(1) Within an enclosed cab.
(2) Operating or riding a vehicle designed to travel with three
wheels in contact with the ground at speeds of less than 15 miles
per hour.
SECTION 29. ORS 814.320 is amended to read:
814.320. (1) A person commits the offense of failure to display
lighted headlights on a moped { + , quadricycle + } or motorcycle
at all times, if the person operates a moped { + ,
quadricycle + } or motorcycle and does not display lights and
illuminated devices specified under ORS 816.320 and 816.330 at
all times the motorcycle { + , quadricycle + } or moped is upon a
highway.
(2) A person may use modulating headlights described under ORS
816.050 during daylight without violating this section, but a
person who uses such modulating headlights during limited
visibility conditions is in violation of this section.
(3) This section does not apply when specific exceptions with
respect to parked vehicles are made under ORS 811.525.
(4) A court may dismiss, without penalty, any charge for
violation of this section if the court determines that:
(a) The violation was caused by a malfunction of equipment; and
(b) The equipment that malfunctioned and caused the violation
has been repaired or replaced.
(5) The offense described in this section, failure to display
lighted headlights on a moped { + , quadricycle + } or motorcycle
at all times, is a Class B traffic violation.
SECTION 30. ORS 814.325 is amended to read:
814.325. (1) A person commits the offense of unlawfully
carrying a passenger on a motorcycle { + or quadricycle + } if
the person does any of the following:
(a) Carries on a motorcycle { + or quadricycle + } a person
who is not seated on a permanent and regular seat { + or
saddle + }, if the motorcycle { + or quadricycle + } is designed
to carry more than one person, or upon another seat { + or
saddle + } attached to the motorcycle { + or quadricycle + } at
the rear or side of the operator's seat { + or saddle + }.
(b) Carries a person in a position that interferes with the
operation or control of the motorcycle or { + quadricycle or
with + } the operator's view.
(c) Carries a person, other than in a sidecar or enclosed cab,
on a motorcycle { + or quadricycle + } with no footrests for
that person.
(2) The offense described in this section, unlawfully carrying
a passenger on a motorcycle { + or quadricycle + }, is a Class B
traffic violation.
SECTION 31. ORS 815.125 is amended to read:
815.125. This section establishes requirements for ORS 815.130.
Except as specifically provided by an exemption under ORS
815.135, a vehicle or combination of vehicles is in violation of
ORS 815.130, if the vehicle or combination of vehicles is not
equipped with brakes as required under the following or if the
brakes do not meet the standards described under the following:
(1) Motorcycles { + , quadricycles + } and mopeds shall be
provided with at least one brake that may be operated by hand or
foot.
(2) Motor vehicles other than mopeds { + , quadricycles + } or
motorcycles shall be equipped with brakes that include two
separate means of applying the brakes. Each of the separate means
of applying the brakes shall be effective to apply the brakes to
at least two wheels and, if the separate means of applying the
brakes are connected in any way, shall be so constructed that
failure of any one part of the operating mechanism shall not
leave the motor vehicle without brakes on at least two wheels.
(3) A combination of vehicles that includes a motor vehicle and
any other vehicle shall be equipped with a brake system on one or
more of the vehicles.
(4) Brakes on any vehicle must be adequate to control movement
of and to stop and to hold the vehicle or combination of
vehicles.
(5) Brakes on any vehicle must be maintained in good working
order.
(6) Every motor vehicle and combination of motor vehicles
except mopeds { + , quadricycles + } or motorcycles shall at all
times be equipped with a parking brake system. A parking brake
system required by this subsection must meet all the following
requirements:
(a) The system must be adequate to hold the vehicle or
combination of motor vehicles on any grade where operated under
any condition of loading on a surface free from ice or snow.
(b) The system shall at all times be capable of being applied
by either the driver's muscular effort, by spring action or by
other energy. This paragraph is violated if the method for
applying the system is not sufficient to make the system hold a
vehicle as required by this subsection.
(c) If the system is applied by an energy source, the source
must be isolated from other uses and used exclusively for the
operation of the system.
(d) The method for keeping the brakes applied must be other
than by fluid pressure, air pressure or electric energy.
(e) The system shall be designed so that the brakes cannot be
released unless they may be immediately reapplied.
(7) Brakes on vehicles of the following described weight must
be able to stop the vehicle moving at the described speed within
the described distance without leaving a 12-foot wide lane:
(a) Vehicles with a registration weight of less than 8,000
pounds must be able to brake from a speed of 20 miles per hour to
a stop within 25 feet.
(b) Vehicles with a registration weight of 8,000 pounds or more
and combinations of vehicles must be able to brake from a speed
from 20 miles per hour to a stop within 35 feet.
SECTION 32. ORS 815.215 is amended to read:
815.215. (1) A person commits the offense of failure to have
windshield wipers if the person drives or moves on any highway or
owns and causes or knowingly permits to be driven or moved on any
highway a motor vehicle that has a windshield and that is not
equipped with windshield wipers that meet the requirements under
this section.
(2) Windshield wipers meet the requirements of this section if
the windshield wipers are designed for cleaning rain or other
moisture from the windshield and so constructed as to be
controlled or operated by the driver of the vehicle.
(3) This section does not apply to the following vehicles:
(a) Vehicles of special interest that are registered under ORS
805.020 and { - that are - } :
(A) Equipped with original manufacturer's equipment and
accessories, or their equivalent, and that are maintained in safe
operating condition; or
(B) { - The vehicles are - } Street rods that conform to ORS
815.107.
(b) Road machinery, road rollers or farm tractors.
(c) Antique 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.
(d) Motorcycles.
{ + (e) Quadricycles. + }
(4) The offense described in this section, failure to have
windshield wipers, is a Class C traffic violation.
SECTION 33. ORS 816.050 is amended to read:
816.050. Each of the following is a requirement for headlights
as described:
(1) On vehicles required to be equipped with two or more
headlights under ORS 816.320 and 816.330 the headlights shall be
equally distributed on each side of the front of the vehicle.
This subsection does not apply to motorcycles { + ,
quadricycles + } and mopeds.
(2) Headlights shall show a continuously burning light except
that:
(a) When permitted under ORS 814.320, headlights for
motorcycles { + , quadricycles + } or mopeds may have an upper
beam that can be modulated between a high and lower brightness at
a rate of 200 to 280 pulses per minute.
(b) A federally approved headlight flashing system may be used
as emergency vehicle lights on police, fire, emergency or
ambulance vehicles.
(3) Headlights shall show a white light described in Standard
Number 108 of the Federal Motor Vehicle Safety Standards.
(4) Headlights shall show the light forward.
(5) The Department of Transportation shall adopt and enforce
rules establishing minimum standards and specifications for
headlights. The rules shall conform, insofar as practicable, to
safety standards and specifications for vehicle lighting issued
by the federal government or to standards and recommendations
established by the Society of Automotive Engineers.
(6) When multiple beam headlights are used or when headlights
are used in combination with auxiliary lights or passing lights,
the lights shall be arranged on the vehicle so that the selection
between distributions of light projected to different elevations
may be selected by the driver at will or so that the selection
can be made automatically.
(7) Headlights shall be aimed in accordance with rules adopted
by the department. If headlights provide only a single
distribution of light and are not supplemented by auxiliary
lights, the single beam headlights shall be so aimed that when
the vehicle is not loaded, none of the high intensity portion of
the light shall, at a distance of 25 feet ahead of the vehicle,
project higher than five inches below the level of the center of
the lamp from which it comes, or higher than 42 inches above the
level on which the vehicle stands at a distance of 75 feet ahead
of the vehicle.
(8) The intensity of the light of single beam headlights shall
be sufficient to reveal persons and vehicles upon a street or
highway at a distance of at least 200 feet ahead of the vehicle
to which they are attached.
(9) Headlights that are required under ORS 816.320 and 816.330
must be mounted, adjusted and aimed in accordance with standards
adopted by the department under ORS 816.010.
(10) Headlights that are required under ORS 816.320 and 816.330
and any part for such headlight that tends to change the original
design or performance must be of a type that complies with
standards adopted by the department under ORS 816.010.
(11) Single beam headlights that are not supplemented by
auxiliary lights shall be permitted on a motor vehicle in lieu of
multiple beam headlights only if the single distribution of
lights complies with any requirements for single beam headlights
under this section.
SECTION 34. ORS 816.100 is amended to read:
816.100. Each of the following is a requirement for brake
lights as described:
(1) Brake lights shall be placed on the rear of the vehicle.
Where more than one brake light is required under ORS 816.320 and
816.330 at least one brake light shall be placed on each side of
the rear.
(2) Brake lights shall be constructed and located on a vehicle
so as to give a signal of intention to stop.
(3) Brake lights shall emit a red light. If the motor vehicle
was manufactured before 1959 and the brake light is combined with
the taillight in a taillight assembly, the assembly may contain
an insert as described under ORS 816.080.
(4) Except as provided in subsection (11) of this section,
brake lights shall emit a steady burning light.
(5) Brake lights shall emit a light that is plainly visible and
capable of being seen and distinguished from a distance of 500
feet to the rear of the vehicle in normal daylight.
(6) Brake lights required under ORS 816.320 and 816.330 shall
be mounted, so far as practicable, in such a manner as to reduce
the hazard of being obscured by mud or dust thrown by the wheels.
(7) Brake lights shall not project a glaring or dazzling light.
(8) Brake lights may be incorporated with a taillight.
(9) Brake lights shall be activated upon application of the
service brake.
(10) Brake lights required under ORS 816.320 and 816.330 or any
parts for brake lights must comply with standards adopted by the
Department of Transportation under ORS 816.010.
(11) Brake lights for motorcycles { + and quadricycles + } may
flash intermittently, provided that the brake lights do not
override the rear turn signal function.
SECTION 35. ORS 816.320 is amended to read:
816.320. This section establishes requirements for ORS 816.330.
Where specific types of lighting equipment are mentioned by this
section, those types are types described under ORS 816.040 to
816.290. Except where an exemption under ORS 816.340 specifically
provides otherwise, a vehicle that does not comply with this
section is in violation of ORS 816.330:
(1) { + In addition to any other requirements under this
section, + } a motor vehicle shall be equipped with all of the
following { - in addition to any other requirements under this
section - } :
(a) Headlights. Motor vehicles other than motorcycles { + ,
quadricycles + } or mopeds shall be equipped with at least two.
Motorcycles { + , quadricycles + } or mopeds shall be equipped
with at least one.
(b) Taillights. Motor vehicles other than motorcycles { + or
quadricycles + } shall be equipped with two taillights.
Motorcycles { + and quadricycles + } are only required to be
equipped with one taillight.
(c) Registration plate light.
(d) Brake lights. Motor vehicles other than motorcycles { + ,
quadricycles + } and mopeds shall be equipped with at least two
brake lights. Motorcycles { + , quadricycles + } and mopeds are
only required to be equipped with one brake light.
(e) Turn signal lights.
(f) Rear reflectors.
(2) { + In addition to any other requirements under this
section, + } all trailers shall be equipped with all of the
following { - in addition to any other requirements under this
section - } :
(a) { + Two + } taillights. Trailers are required to be
equipped with two taillights.
(b) Registration plate lights.
(c) Two brake lights.
(d) Turn signal lights.
(e) Two rear reflectors.
(3) { + In addition to any requirements under subsection (1)
of this section, + } the motor vehicles described in this
subsection shall be equipped with forward and rearward side
reflectors on each side of the vehicle and forward and rearward
side marker lights on each side of the vehicle { - in addition
to any requirements under subsection (1) of this section - } .
This subsection applies to the following vehicles:
(a) School buses.
(b) Worker transport buses.
(c) Vehicles used in transportation of persons for hire by a
nonprofit entity as provided in ORS 825.017 (9).
(d) A bus being operated for transporting children to and from
religious services or an activity or function authorized by the
religious organization.
(e) Commercial buses.
(f) Motor trucks with a registration weight in excess of 8,000
pounds.
(4) In addition to any other requirements under this section,
any motor truck with a registration weight in excess of 8,000
pounds, commercial bus or trailer that is 80 inches or more in
overall width and less than 30 feet in overall length shall be
equipped with the following:
(a) Two front and two rear clearance lights.
(b) Front and rear identification lights.
(5) In addition to any other requirements under this section,
any motor truck with a registration weight of more than 8,000
pounds, commercial bus or trailer that is more than 30 feet in
overall length, regardless of its width shall be equipped with
the following:
(a) Two front and two rear clearance lights.
(b) Front and rear identification lights.
(c) Intermediate side marker lights and intermediate side
reflectors on each side of the vehicle.
(6) Every motor vehicle that has multiple-beam lighting
equipment shall be equipped with a high beam indicator.
(7) Tow vehicles shall be equipped with tow vehicle warning
lights.
SECTION 36. ORS 816.350 is amended to read:
816.350. This section establishes requirements for ORS 816.360.
When specific types of lighting equipment are mentioned by this
section, those types are types described under ORS 816.040 to
816.290. Except as allowed under this section or where an
exemption under ORS 816.370 specifically provides otherwise, a
vehicle that does not comply with this section is in violation of
ORS 816.360:
(1)(a) A motorcycle { + or quadricycle + } may not be equipped
with more than three headlights.
(b) A moped may not be equipped with more than two headlights.
(2) Except when blue or purple inserts are allowed under ORS
816.080, 816.100 or 816.120, no vehicle may have any lighting
equipment mounted on the rear that displays or reflects any color
other than red except for the following lighting equipment:
(a) Turn signal lights.
(b) Rear mounted lighting systems.
(c) Registration plate lights.
(d) Back-up lights.
(3) Except as otherwise allowed under this section, only the
following types of vehicles may be equipped with public vehicle
warning lights:
(a) A vehicle operated by the state, or any county, city,
district or other political subdivision of the state, and used
for the construction, improvement, repair, maintenance, operation
or patrol of any public highway.
(b) Vehicles operated by a public utility or telecommunications
utility involved in maintenance, repair or construction of their
facilities along public rights of way.
(4) Vehicles operated by a police officer and used for law
enforcement may be equipped with any type of police lights, but
only these vehicles may be equipped with blue lights.
(5) Except as otherwise allowed under this section, only a
vehicle operated by a weighmaster or motor carrier enforcement
officer proceeding under the authority of ORS 810.530 may be
equipped with weighmaster warning lights.
(6) Except as otherwise allowed under this section, only tow
vehicles may be equipped with tow vehicle warning lights.
(7) Except as otherwise allowed under this section, only a
motor vehicle escort accompanying a motor vehicle carrying or
towing a load of a size or description not permitted under ORS
815.160, 815.170, 818.020, 818.060, 818.090, 818.110, 818.160 and
818.300 may be equipped with a pilot vehicle warning light.
(8) Except as otherwise allowed under this section, only the
following vehicles may be equipped with bus safety lights:
(a) School buses.
(b) Worker transport buses.
(c) Vehicles issued a permit under ORS 818.260.
(9) No vehicle except a vehicle used in active service
transporting United States Mail may be equipped with mail
delivery lights.
(10) Except as otherwise allowed under this section, fire
company warning lights may only be used on the following
vehicles:
(a) An emergency vehicle.
(b) A vehicle authorized under a permit issued under ORS
818.250.
(c) Funeral lead vehicles and funeral escort vehicles used to
escort funeral processions.
(11) Except as otherwise allowed under this section, no vehicle
or equipment may display or carry any lighting equipment or
device with a red light visible from directly in front of the
vehicle or equipment.
(12) Except as otherwise allowed under this section, all
flashing lights are prohibited on all motor vehicles on any
street or highway except for turn signals, hazard lights and
headlight flashing systems described in ORS 816.050.
(13) No motor vehicle other than an emergency vehicle may be
equipped with more than one spot light.
(14) No motor vehicle may be equipped with more than two cowl
or fender lights.
(15) A vehicle at the scene of an actual or potential release
of hazardous materials may be equipped with warning lights as
described in ORS 816.280 (1)(d).
(16) A vehicle being used by medical examiners to reach the
scene of an accident or of a death investigation may be equipped
with warning lights as described in ORS 816.280 (1)(e).
(17) A vehicle may be equipped with covers on any of the
following lights if the covers are removed when the lights are
required to be in operation:
(a) Headlights under ORS 816.050.
(b) Taillights under ORS 816.080.
(c) Brake lights under ORS 816.100.
(d) Turn signals under ORS 816.120.
(e) Reflectors under ORS 816.180.
(18) A commercial vehicle, as defined in ORS 801.210 (2), may
be equipped with commercial vehicle warning lights.
SECTION 37. ORS 821.040 is amended to read:
821.040. (1) A person commits the offense of operation of an
off-road vehicle without required equipment if the person is
operating a vehicle described in ORS 821.010 in an area described
in ORS 821.020 and the vehicle is not equipped in compliance with
all of the following:
(a) The vehicle must be equipped with a muffler that meets the
standards for noise emissions established under ORS 821.030.
(b) The vehicle must be equipped with brakes that meet the
requirements established under ORS 821.030.
(c) The vehicle must be equipped with a windshield wiper if the
vehicle is equipped with a windshield.
(d) When the vehicle is operated on sand, the vehicle must be
equipped with a flag that meets the requirements established
under ORS 821.030.
(e) The vehicle must be equipped with any safety equipment
required under ORS 821.030.
(f) At any time from one-half hour after sunset to one-half
hour after sunrise, the vehicle must be equipped with and display
headlights and taillights.
(2) Motorcycles { + , quadricycles + } and mopeds are not
required by this section to be equipped with windshield wipers.
(3) The offense described in this section, operation of
off-road vehicle without required equipment, is a Class C traffic
violation.
SECTION 38. ORS 822.030 is amended to read:
822.030. (1) A bond or letter of credit required to qualify for
a vehicle dealer certificate under ORS 822.020 or to qualify for
renewal of a certificate under ORS 822.040 must comply with all
of the following:
(a) The bond shall have a corporate surety licensed to do
business within this state. A letter of credit shall be an
irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008. The surety or institution shall notify
the Department of Transportation if the bond or letter of credit
is canceled for any reason. The surety or institution shall
continue to be liable under the bond or letter of credit until
the department receives the notice required by this paragraph, or
until the cancellation date specified in the notice, whichever is
later.
(b) The bond or letter of credit shall be executed to the State
of Oregon.
(c) Except as otherwise provided in this paragraph, the bond or
letter of credit shall be in the following sum:
(A) If the applicant is seeking a certificate to be a dealer
exclusively in motorcycles, { + quadricycles, + } mopeds, Class
I all-terrain vehicles or snowmobiles or any combination of those
vehicles, the bond or letter of credit shall be for $2,000.
(B) Except as provided in subparagraph (A) of this paragraph,
if the applicant is seeking a certificate to be a vehicle dealer,
the bond or letter of credit shall be for $40,000 for each year
the certificate is valid.
(d) The bond or letter of credit described in this subsection
shall be approved as to form by the Attorney General.
(e) The bond or letter of credit must be conditioned that the
person issued the certificate shall conduct business as a vehicle
dealer without fraud or fraudulent representation and without
violating any provisions of the vehicle code relating to vehicle
registration, vehicle permits, the transfer or alteration of
vehicles or the regulation of vehicle dealers.
(f) The bond or letter of credit must be filed and held in the
office of the department.
(g) The vehicle dealer shall purchase a bond or letter of
credit under this subsection annually on or before each
anniversary of the issuance of the vehicle dealer's certificate.
(2) Any person shall have a right of action against a vehicle
dealer, against the surety on the vehicle dealer's bond and
against the letter of credit in the person's own name if the
person suffers any loss or damage by reason of the vehicle
dealer's fraud, fraudulent representations or violations of
provisions of the vehicle code relating to:
(a) Vehicle registration;
(b) Vehicle permits;
(c) The transfer or alteration of vehicles; or
(d) The regulation of vehicle dealers.
(3) Notwithstanding subsection (2) of this section, the maximum
amount available under a bond described in subsection (1)(c)(B)
of this section for the payment of claims by persons other than
retail customers of the dealer is $20,000.
(4) If the certificate of a vehicle dealer is not renewed or is
voluntarily or involuntarily canceled, the sureties on the bond
and the issuer of the letter of credit are relieved from
liability that accrues after the department cancels the
certificate.
----------