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 34
Senate Bill 420
Sponsored by Senator GIROD
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.
Alters definition of 'electric assisted bicycle.' Requires that
electric assisted bicycle be equipped with horn and lighting
equipment.
A BILL FOR AN ACT
Relating to electric assisted bicycles; amending ORS 801.258,
811.525, 814.320, 815.230, 815.280, 816.050, 816.310, 816.320
and 816.340.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 801.258 is amended to read:
801.258. 'Electric assisted bicycle' means a vehicle that:
(1) Is designed to be operated on the ground on wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than three wheels in
contact with the ground;
(4) Has both fully operative pedals for human propulsion and an
electric motor; { - and - }
(5) Is equipped with an electric motor that:
(a) Has a power output of { - not more than 1,000 watts - }
{ + five horsepower or less + }; and
(b) Is incapable of propelling the vehicle at a speed of
greater than { - 20 - } { + 35 + } miles per hour on level
ground { - . - } { + ; and + }
{ + (6) Has tires that are at least eight inches in
diameter. + }
SECTION 2. ORS 815.230 is amended to read:
815.230. (1) A person commits the offense of violation of
vehicle sound equipment requirements if the person drives or
moves on any highway or owns and causes or knowingly permits to
be driven on any highway any vehicle that violates any of the
following equipment provisions:
(a) A motor vehicle { + or an electric assisted bicycle + }
must be equipped with a horn in good working order, capable of
emitting sounds audible under normal conditions from a distance
of not less than 200 feet.
(b) { - No vehicle shall - } { + A vehicle may not + } be
equipped with any bell, siren, compression or exhaust whistle.
(2) This section is subject to the exemptions under this
subsection in addition to any exemptions under ORS 801.026. The
exemptions under this subsection are partial or complete as
described in the following:
(a) Authorized emergency vehicles are subject to sound
equipment requirements and limitations as provided in ORS 820.370
and 820.380.
(b) Vehicles of special interest that are registered under ORS
805.020 are not subject to this section if the vehicles are:
(A) Equipped with original manufacturer's equipment and
accessories, or their equivalent, and are maintained in safe
operating condition; or
(B) Street rods that conform to ORS 815.107.
(c) { + Except as provided in subsection (1)(a) of this
section, electric assisted bicycles and + } bicycles are subject
to requirements and limitations on sound equipment as provided
under ORS 815.280.
(d) Antique vehicles are not subject to the requirements if the
vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
(e) The requirements do not apply to road machinery, road
rollers and farm tractors.
(f) Electric personal assistive mobility devices are subject to
requirements and limitations on sound equipment as provided under
ORS 815.284.
(3) The offense described in this section, violation of vehicle
sound equipment requirements, is a Class C traffic violation.
SECTION 3. ORS 816.310 is amended to read:
816.310. This section establishes exemptions from ORS 816.040
to 816.300. 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 816.040 to 816.300 { - shall - } { + may + } not be
construed to prohibit the use of additional parts and accessories
on any vehicle not inconsistent with the provisions of those
sections.
(2) Lighting equipment used on vehicles of special interest
that are registered under ORS 805.020 shall be deemed in
compliance with ORS 816.040 to 816.300 if the equipment is
original manufacturer's equipment and accessories, or their
equivalent and if the equipment is maintained in safe operating
condition.
(3) ORS 816.040 to 816.300 do not apply to equipment on 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.
(e) Motorized wheelchairs when used as permitted under ORS
811.440.
(4) On any combination of vehicles, only the lighting equipment
on the rearmost vehicle in the combination of vehicles need be
visible from distances specified under ORS 816.040 to 816.290 for
lighting equipment on the rear of vehicles.
(5) Lighting equipment on bicycles { + , other than electric
assisted bicycles, + } shall meet the requirements established
for such equipment under ORS 815.280.
{ + (6) Lighting equipment on electric assisted bicycles
shall meet the requirements established in ORS 816.320 (1) and
816.330. + }
{ - (6) - } { + (7) + } Vehicle lighting equipment
requirements for ambulances and emergency vehicles are
established in ORS 820.350.
{ - (7) - } { + (8) + } Lighting equipment on electric
personal assistive mobility devices shall meet the requirements
established in ORS 815.284.
SECTION 4. 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 or mopeds
shall be equipped with at least two. { + Electric assisted
bicycles, + } motorcycles or mopeds shall be equipped with at
least one.
(b) Taillights. Motor vehicles other than motorcycles shall be
equipped with two taillights. { + Electric assisted bicycles + }
{ + and + } motorcycles are { - only - } required to be
equipped with { + only + } one taillight.
(c) Registration plate light.
(d) Brake lights. Motor vehicles other than motorcycles and
mopeds shall be equipped with at least two brake lights.
{ + Electric assisted bicycles, + } motorcycles and mopeds are
{ - only - } required to be equipped with { + only + } 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) 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 5. ORS 816.340 is amended to read:
816.340. This section establishes exemptions from ORS 816.320
and 816.330. The exemptions established under this section are in
addition to any exemptions under ORS 801.026. The exemptions
under this section are partial or complete as described in the
following:
(1) ORS 816.320 and 816.330 { - shall - } { + may + } not
be construed to prohibit the use of additional parts and
accessories on any vehicle consistent with the provisions of
those sections.
(2) Motor vehicles of special interest that are registered
under ORS 805.020 shall be deemed in compliance with ORS 816.320
and 816.330 if:
(a) The vehicles are equipped with original manufacturer's
equipment and accessories, or their equivalent, and if the
equipment is maintained in safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(3) ORS 816.320 and 816.330 do not apply to any of the
following vehicles:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors, implements of husbandry and farm trailers.
(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.
(4) Motorcycles manufactured before 1973 are not required to be
equipped with turn signals if the motorcycle is not driven during
limited visibility conditions under ORS 811.405 and 811.515.
(5) Truck tractors are not required to be equipped with rear
reflectors.
(6) Pole trailers are not required to be equipped with side
reflectors, side marker lights, clearance lights or
identification lights.
(7) Motor vehicles registered in this state on or before
January 1, 1940, are not required to be equipped with a high-beam
indicator.
(8) Bicycles { + , other than + } { + electric assisted
bicycles, + } shall be equipped with lighting equipment as
required under ORS 815.280.
(9) Requirements for warning lights on ambulances are provided
under ORS 820.350 and 820.360.
(10) Electric personal assistive mobility devices shall be
equipped with lighting equipment as required under ORS 815.284.
SECTION 6. ORS 814.320 is amended to read:
814.320. (1) A person commits the offense of failure to display
lighted headlights on { - a - } { + an electric assisted
bicycle, + } moped or motorcycle at all times, if the person
operates { - a - } { + an electric assisted bicycle, + }
moped or motorcycle and does not display lights and illuminated
devices specified under ORS 816.320 and 816.330 at all times the
{ + electric assisted bicycle, + } motorcycle 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 - } { + an electric assisted
bicycle, + }moped or motorcycle at all times, is a Class B
traffic violation.
SECTION 7. 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 { + electric assisted
bicycles, + } motorcycles and mopeds.
(2) Headlights shall show a continuously burning light except
that:
(a) When permitted under ORS 814.320, headlights for
{ + electric assisted bicycles, + } motorcycles 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 8. 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 - } { + may + } 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 - } { + does + } 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 { + , other than electric
assisted 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 { + electric assisted bicycle, + }
motorcycle 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 9. ORS 815.280 is amended to read:
815.280. (1) A person commits the offense of violation of
bicycle equipment requirements if the person does any of the
following:
(a) Operates on any highway a bicycle in violation of the
requirements of this section.
(b) Is the parent or guardian of a minor child or ward and
authorizes or knowingly permits the child or ward to operate a
bicycle on any highway in violation of the requirements of this
section.
(2) A bicycle is operated in violation of the requirements of
this section if any of the following requirements are violated:
(a) A bicycle must be equipped with a brake that enables the
operator of the bicycle to stop the bicycle within 15 feet from a
speed of 10 miles per hour on dry, level, clean pavement.
(b) A person { - shall - } { + may + } not install or use
any siren or whistle upon a bicycle. This paragraph does not
apply to bicycles used by police officers.
(c) At the times described in the following, { + except as
provided in subsection (3) of this section, + } a bicycle or its
rider must be equipped with lighting equipment that meets the
described requirements:
(A) The lighting equipment must be used during limited
visibility conditions.
(B) The lighting equipment must show a white light visible from
a distance of at least 500 feet to the front of the bicycle.
(C) The lighting equipment must have a red reflector or
lighting device or material of such size or characteristic and so
mounted as to be visible from all distances up to 600 feet to the
rear when directly in front of lawful lower beams of headlights
on a motor vehicle.
{ + (3) An electric assisted bicycle must meet the lighting
equipment requirements established under ORS 816.320 (1) and
816.330. + }
{ - (3) - } { + (4) + } Nothing contained in this section
shall be construed to prohibit the use of additional parts and
accessories on any bicycle consistent with this section.
{ - (4) - } { + (5) + } This section does not apply to
electric personal assistive mobility devices. Equipment
requirements for electric personal assistive mobility devices are
provided in ORS 815.284.
{ - (5) - } { + (6) + } The offense described in this
section, violation of bicycle equipment requirements, is a Class
D traffic violation.
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