70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 352
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Department of
Transportation)
CHAPTER ................
AN ACT
Relating to motor carriers; amending ORS 803.030 and 818.170.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 803.030 is amended to read:
803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
(1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
(3) Manufactured structures are subject to ORS 803.025 as
provided under ORS 820.500 and 820.530.
(4) Snowmobiles and Class I all-terrain vehicles are not
subject to the requirements under ORS 803.025. The requirements
and procedures for titling snowmobiles and Class I all-terrain
vehicles are as provided under ORS 821.060 and 821.070.
(5) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
(6) Trolleys are exempt from the requirements for title.
(7) Bicycles are exempt from the requirements for title.
(8) United States Government owned and operated motor vehicles
and trailers are exempt from the requirements for title.
(9) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and invalid
chairs are exempt from the requirements for title.
(10) Fixed load vehicles are exempt from the requirements for
title while operated within the immediate construction project,
as described in the governmental agency contract, in the
construction or reconstruction of state or county roads, highways
or city streets.
(11) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements
for title while:
Enrolled Senate Bill 352 (SB 352-A) Page 1
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the Federal Government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
(12) Farm trailers are exempt from requirements for title when
the operation or movement of the vehicle upon the highways is
incidental to its use in an agricultural operation.
(13) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
(14) Golf carts or similar vehicles are exempt from
requirements for title when:
(a) They have not less than three wheels in contact with the
ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than
15 miles per hour; and
(d) They are operated by disabled persons.
(15) The nonresident owners of vehicles currently registered
and titled in any other country, state or territory may operate
such vehicles over the highways of this state without complying
with the titling requirements under ORS 803.025. All of the
following apply to this subsection:
(a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
Enrolled Senate Bill 352 (SB 352-A) Page 2
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(16) Vehicle dealers issued certificates under ORS 822.020 may
use and operate untitled vehicles as provided under ORS 822.040.
(17) Towing businesses issued certificates under ORS 822.205
may tow untitled vehicles as provided under ORS 822.210.
(18) Vehicle transporters issued certificates under ORS 822.310
may transport untitled vehicles as provided in ORS 822.310.
(19) Untitled vehicles may be operated under trip permits
described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
(20) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from the
requirements for title.
(21) { + (a) + } Vehicles that are registered under the
proportional registration provisions of ORS chapter 826 and are
titled in a jurisdiction other than Oregon are exempt from the
requirements for title.
{ + (b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer. + }
(22) Converter dollies and tow dollies are exempt from the
requirements for title.
SECTION 2. ORS 818.170 is amended to read:
818.170. This section establishes exemptions from the towing
safety requirements under ORS 818.150 and 818.160. Exemptions
under this section are in addition to any under ORS 801.026.
Operation in accordance with one of the exemptions described is
not subject to ORS 818.160. Exemptions are partial or complete as
described in the following:
(1) The requirements for mounting and slack of towing
connections under ORS 818.150 (2) do not apply where the towed
vehicle is temporarily disabled.
(2) The requirements for safety chains or cables under ORS
818.150 (5) do not apply to the following { - vehicles - } :
(a) A temporarily disabled vehicle that is being towed by
another vehicle.
(b) A dolly without a tow bar.
(c) A semitrailer coupled to a towing vehicle with a fifth
wheel hitch or any ball and socket type assembly that is
positioned above and forward of the rear axle of the towing
vehicle. To qualify for the exemption under this subsection, the
assembly must be designed so that the upper and lower halves of
the assembly may not be separated without being manually
released.
{ + (d) A booster axle bolted or pinned to another vehicle
that redistributes weight from one or more axles and pivots from
side to side at the connection point or has wheels that steer
during turning. + }
(3) Operations exempt from the towing safety requirements by a
variance permit issued under ORS 818.200 are subject to the terms
of the permit. It shall be a defense to any charge of violation
of ORS 818.160 if the person so charged produces a variance
permit issued under ORS 818.200 authorizing the operation of the
Enrolled Senate Bill 352 (SB 352-A) Page 3
vehicle or combination of vehicles issued prior to and valid at
the time of the offense.
(4) The towing safety requirements do not apply on any way,
thoroughfare or place owned by a district formed under ORS
chapters 545, 547, 551 or a corporation formed under ORS chapter
554.
(5) The towing safety requirements do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used
pursuant to any agreement with any agency of the United States or
with a licensee of such agency or both.
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Passed by Senate February 5, 1999
Repassed by Senate May 26, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 20, 1999
...........................................................
Speaker of House
Enrolled Senate Bill 352 (SB 352-A) Page 4
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 352 (SB 352-A) Page 5