Chapter 565 Oregon Laws 1999

Session Law

AN ACT

SB 878

Relating to all-terrain vehicles; creating new provisions; and amending ORS 821.010, 821.020 and 821.200.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS 821.150 to 821.292.

SECTION 2. (1) A person commits the offense of operating an all-terrain vehicle in violation of posted restrictions if the person operates an all-terrain vehicle on public lands at a time when the lands are closed to all-terrain vehicles or operation of the vehicles is otherwise restricted, and notice of the restrictions has been posted by an agency with jurisdiction to impose the restrictions.

(2) The offense described in this section, operating an all-terrain vehicle in violation of posted restrictions, is a Class B traffic infraction.

SECTION 3. ORS 821.010 is amended to read:

821.010. (1) Any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain is exempt from the sections governing vehicle equipment described in this section if the vehicle:

(a) Is operated in an area [designated] described under ORS 821.020; and

(b) Complies with the equipment requirements under ORS 821.040.

(2) The exemption under this section is an exemption from the prohibitions under all of the following paragraphs:

(a) Nonstandard lighting equipment under ORS 816.300.

(b) Required lighting equipment under ORS 816.330.

(c) Prohibited lighting equipment under ORS 816.360.

(d) Violation of state equipment administrative rules under ORS 815.100.

(e) Slow-moving vehicle emblem requirements under ORS 815.115.

(f) Mudguard and fender requirements under ORS 815.185.

(g) Visible emission limits under ORS 815.200.

(h) Requirements for window materials under ORS 815.040.

(i) Obstruction of windows under ORS 815.220.

(j) Limits on sound equipment under ORS 815.225.

(k) Sound equipment requirements under ORS 815.230.

(L) Rearview mirror requirements under ORS 815.235.

(m) Limits on television use under ORS 815.240.

(n) Exhaust system requirements under ORS 815.250.

(o) Speedometer requirements under ORS 815.255.

(p) Disposal system requirements under ORS 815.260.

(q) Helmet requirements under ORS 814.260 to 814.280.

SECTION 4. ORS 821.020 is amended to read:

821.020. (1) This section establishes the areas where the exemption from equipment requirements for off-road vehicles described under ORS 821.010 [are] is applicable. The exemption applies [as described in the following:]

[(1) The exemption applies only on lands, roads and places that are described in subsection (2) of this section and that are:]

[(a) In the counties of Coos, Douglas, Lane and Tillamook;]

[(b) Between U.S. Highway 101 and the mean low tide line of the Pacific Ocean;]

[(c) Between Coos Bay and Siuslaw River; and]

[(d) Within the boundaries around the Sand Beach Activity Zone and the Tillamook County Sand Beach Park Area.] to any land, road or place within the State of Oregon that meets the description in subsection (2) of this section and that is not posted as closed to off-road use.

(2) The exemption applies [only] to each of the following lands, roads and places [that are within the area described by subsection (1) of this section]:

(a) Lands that are open to the public.

(b) Roads, other than [hard-surfaced] two-lane gravel roads, that are open to the public.

(c) Paved parking lots[, whether hard-surfaced or not,] adjacent to or on designated off-road vehicle areas, trails and routes that are open to the public.

(d) Any local [hard-surfaced] two-lane gravel road that is open to the public and that is designated by the road authority with jurisdiction over the road as open to off-road vehicles that are described in ORS 821.010.

SECTION 5. ORS 821.200 is amended to read:

821.200. This section establishes exemptions from the limitations placed on the use of snowmobiles, Class I or Class III all-terrain vehicles under ORS 821.190. The prohibitions and penalties under ORS 821.190 do not apply when a snowmobile, Class I or Class III all-terrain vehicle that qualifies for the exemption from equipment requirements under ORS 821.010 is being operated as described under any of the following:

(1) A person may lawfully cross a highway or railroad right of way while operating a snowmobile, Class I or Class III all-terrain vehicle if the person complies with all of the following:

(a) The crossing must be made at an angle of approximately 90 degrees to the direction of the highway or railroad right of way.

(b) The crossing must be made at a place where no obstruction prevents a quick and safe crossing.

(c) The vehicle must be brought to a complete stop before entering the highway or railroad right of way.

(d) The operator of the vehicle must yield the right of way to vehicles using the highway or equipment using the railroad tracks.

(e) The crossing of a railroad right of way must be made at an established public railroad crossing.

(f) The crossing of a highway must be made at a place that is more than 100 feet from any highway intersection.

(g) If the operator of a snowmobile is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger or as the operator of another snowmobile that is in proximity to the younger operator.

(h) If the operator of a Class I all-terrain vehicle is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger, if the vehicle is designed to carry passengers, or on a separate Class I all-terrain vehicle.

(2) A snowmobile, Class I or Class III all-terrain vehicle may be lawfully operated upon a highway under any of the following circumstances:

(a) Where the highway is completely covered with snow or ice and has been closed to motor vehicle traffic during winter months.

(b) For purposes of loading or unloading when such operation is performed with safety and without causing a hazard to vehicular traffic approaching from either direction on the highway.

(c) Where the highway is posted to permit snowmobiles, Class I or Class III all-terrain vehicles.

(d) In an emergency during the period of time when and at locations where snow upon the highway renders travel by automobile impractical.

(e) When traveling along a designated snowmobile, Class I or Class III all-terrain vehicle trail.

(3) It shall be lawful to operate a snowmobile, Class I or Class III all-terrain vehicle upon a railroad right of way under any of the following circumstances:

(a) Where the right of way is posted to permit the operation.

(b) In an emergency.

(c) When the snowmobile, Class I or Class III all-terrain vehicle is operated by an officer or employee or authorized contractor or agent of a railroad.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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