75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 583
Sponsored by Senator METSGER; Senator DEVLIN
CHAPTER ................
AN ACT
Relating to all-terrain vehicle helmet requirements; amending ORS
821.202 and 821.203.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 821.202 is amended to read:
821.202. (1) A person commits the offense of failure of a Class
I { + , Class II + } or Class III all-terrain vehicle operator or
passenger to wear a motorcycle helmet if the person is under 18
years of age, operates or rides on a Class I { + , Class II + }
or Class III all-terrain vehicle on premises open to the public
and is not wearing a motorcycle helmet with a fastened chin
strap.
(2) The requirement to wear a motorcycle helmet with a fastened
chin strap does not apply if the all-terrain vehicle is:
(a) Used exclusively in farming, agricultural or forestry
operations or used by persons licensed under ORS chapter 571
exclusively for nursery or Christmas tree growing operations.
(b) Being used on land owned or leased by the owner of the
vehicle.
{ + (c) A Class II all-terrain vehicle registered under ORS
803.420 and has a roof or roll bar. + }
(3) The offense described in this section, failure of a Class
I { + , Class II + } or Class III all-terrain vehicle operator or
passenger to wear a motorcycle helmet, is a Class D traffic
violation.
SECTION 2. ORS 821.203 is amended to read:
821.203. (1) A person commits the offense of endangering a
Class I { + , Class II + } or Class III all-terrain vehicle
operator or passenger if:
(a) The person is operating a Class I { + , Class II + } or
Class III all-terrain vehicle on premises open to the public and
the person carries another person on the Class I { + , Class
II + } or Class III all-terrain vehicle who is under 18 years of
age and is not wearing a motorcycle helmet with a fastened chin
strap; or
(b) The person is the parent, legal guardian or person with
legal responsibility for the safety and welfare of a child under
18 years of age and the child operates or rides on a Class
I { + , Class II + } or Class III all-terrain vehicle on premises
open to the public without wearing a motorcycle helmet with a
fastened chin strap.
(2) The requirement to wear a motorcycle helmet with a fastened
chin strap does not apply if the all-terrain vehicle is:
Enrolled Senate Bill 583 (SB 583-INTRO) Page 1
(a) Used exclusively in farming, agricultural or forestry
operations or used by persons licensed under ORS chapter 571
exclusively for nursery or Christmas tree growing operations.
(b) Being used on land owned or leased by the owner of the
vehicle.
{ + (c) A Class II all-terrain vehicle registered under ORS
803.420 and has a roof or roll bar. + }
(3) The offense described in this section, endangering a Class
I { + , Class II + } or Class III all-terrain vehicle operator or
passenger, is a Class D traffic violation.
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Passed by Senate April 7, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 29, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 583 (SB 583-INTRO) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 583 (SB 583-INTRO) Page 3