Oregon

Vehicle
Code

Compiled by

DRIVER AND MOTOR VEHICLE

SERVICES
Department of Transportation
Salem, Oregon 97314
 Foreword
Laws governing registration of vehicles and licensing of their
operators, as well as the rules of the road, establish the pattern for safe
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Subjects fully covered in this compilation of Oregon Revised Stat-

utes (ORS) include motor vehicle titles and registration; vehicle-related
business licensing; driver licensing; vehicle equipment, size and weight;
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responsibility; rules of the road; off-road vehicle regulation; registration
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Four other ORS chapters are included in a section titled “Related

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offenses, administrative procedures, aircraft and motor vehicle fuel
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This publication includes statutes adopted and amended through

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in smaller type may appear before or after laws to alert you to special
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may compile, publish and distribute a vehicle code book containing
statutes administered by the department concerning vehicles and
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and collect a reasonable fee for books issued to groups or persons who
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section shall not exceed the costs of the compilation, publication and
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735-1 Order by Stock #300001



Page i
Page ii
Table of Contents
Vehicle Code Page

— 256&KDSWHU*HQHUDO3URYLVLRQVDQG'HÀQLWLRQVIRU
Oregon Vehicle Code1
‡ General Provisions5
‡ 5HDO,'$FWRI10
‡ 'HÀQLWLRQV10

— ORS Chapter 802 - Administrative Provisions25

‡ General Provisions27
‡ Financial Administration29
‡ Records32
‡ 7UDQVSRUWDWLRQ6DIHW\3URJUDPVDQG7UDIÀF6DIHW\(GXFDWLRQ42
‡ Committees and Boards45
‡ 5HFLSURFDO$JUHHPHQWVDQG,QWHUVWDWH&RPSDFWV45
‡ Agreements With Private Contractors53

— ORS Chapter 803 - Vehicle Title and Registration55

‡ Titles59
‡ Provisions Applicable to Both Title and Registration71
‡ Registration74
‡ Vehicle Permits91

— ORS Chapter 805 - Special Registration Provisions95

‡ Particular Vehicles97
‡ Particular Persons99
‡ Fleets102
‡ 6SHFLDO,QGLFLDRI5HJLVWUDWLRQ103
‡ Farm Vehicles112

— 256&KDSWHU)LQDQFLDO5HVSRQVLELOLW\/DZ115
‡ General Provisions 117
‡ Requirements118
‡ (QIRUFHPHQW120
‡ Future Responsibility Filings121

— 256&KDSWHU'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV125
‡ Requirement127
‡ Statutory Privileges127
‡ (VWDEOLVKPHQWRI,GHQWLW\128
‡ /LFHQVHV(QGRUVHPHQWVand Permits130
‡ Fees151
‡ ,GHQWLÀFDWLRQ&DUGV153
‡ Offenses155
‡ Miscellaneous157

Page iii
— ORS Chapter 809 - Refusal, Suspension, Cancellation and Revocation of
5HJLVWUDWLRQ7LWOH'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUG9HKLFOH
,PSRXQGPHQW
‡ Suspension and Cancellation of Registrations and Titles
‡ 5HJLVWUDWLRQ'ULYLQJ3ULYLOHJHVRU,GHQWLÀFDWLRQ&DUG
‡ Driving Privileges
‡ 9HKLFOH,PSRXQGPHQWDQG,PPRELOL]DWLRQ6HL]XUHDQG)RUIHLWXUH

— 256&KDSWHU5RDG$XWKRULWLHV&RXUWV3ROLFH2WKHU(QIRUFHPHQW
2IÀFLDOV191
‡ Road Authorities193
‡ Courts201
‡ Police204
‡ 2WKHU(QIRUFHPHQW2IÀFLDOV213

— ORS Chapter 811 - Rules of the Road for Drivers 217

‡ Duties to Pedestrians and Bicycles221
‡ Speed223
‡ Careless and Reckless Driving227
‡ Special Safety Measures228
‡ Open Container Violations230
‡ Disposing of Human Waste231
‡ Driving While Suspended or Revoked231
‡ 'ULYHU2IIHQVHV,QYROYLQJ3DVVHQJHUV233
‡ Highway Work Zones
‡ School Zone Penalties237
‡ General Driving Rules237
‡ Use of Lights and Warnings251
‡ Obeying Police254
‡ Parking, Stopping and Standing255
‡ Accidents
‡ Funeral Processions

— 256&KDSWHU'ULYLQJ8QGHU7KH,QÁXHQFHRI,QWR[LFDQWV271
‡ General Provisions273
‡ ,PSOLHG&RQVHQW
‡ Chemical Tests; Methods and Requirements280
‡ Plea Agreement281
‡ Diversion281
‡ (YLGHQFH288
‡ Suspension289
‡ Hardship Permits293
‡ ,JQLWLRQ,QWHUORFN'HYLFHV295

Page iv
— ORS Chapter 814 - Pedestrians; Passengers; Livestock; Motorized
Wheelchairs; Vehicles With Fewer Than Four Wheels301
‡ Pedestrians303
‡ Passengers305
‡ Livestock305
‡ Mopeds and Motorcycles
‡ Bicycles307
‡ Motorized Wheelchairs310
‡ Motor Assisted Scooters310
‡ (OHFWULF3HUVRQDO$VVLVWLYH0RELOLW\'HYLFHV312
‡ Nonmotorized Vehicles Other Than Bicycles313

— 256&KDSWHU9HKLFOH(TXLSPHQW*HQHUDOO\315
‡ General Provisions 317
‡ $XWKRULW\WR(VWDEOLVK6WDQGDUGV 317
‡ 3URYLGLQJ8QODZIXO(TXLSPHQW319
‡ 2SHUDWLQJ:LWK8QODZIXO(TXLSPHQW320
‡ 6SHFLÀF(TXLSPHQW321

— 256&KDSWHU9HKLFOH(TXLSPHQW/LJKWV341
‡ $GRSWLRQDQG(QIRUFHPHQWRI6WDQGDUGV343
‡ 1RQFRPSO\LQJ(TXLSPHQW343
‡ General Requirements343
‡ 5HTXLUHPHQWVDQG6WDQGDUGVIRU6SHFLÀF/LJKWV344
‡ Required Lights350
‡ Prohibited Lights352

— ORS Chapter 818 - Vehicle Limits355

‡ Weight357
‡ Weight and Size
‡ Size
‡ Vehicle Combinations
‡ Posted Use Limits
‡ Towing Safety
‡ Permits
‡ Permit Offenses372
‡ (QIRUFHPHQW373

— ORS Chapter 819 - Destroyed, Totaled, Abandoned, Low-Value and Stolen

9HKLFOHV9HKLFOH,GHQWLÀFDWLRQ1XPEHUV9HKLFOH$SSUDLVHUV377
‡ Destroyed and Totaled Vehicles379
‡ Abandoned Vehicles380
‡ Vehicles With Low Appraisal Value385
‡ Stolen Vehicles
‡ 9HKLFOH,GHQWLÀFDWLRQ1XPEHUV
‡ Vehicle Appraisers387

Page v
— ORS Chapter 820 - Special Provisions for Certain Vehicles389
‡ Worker Transport and Other Vehicles391
‡ School Vehicles392
‡ Miscellaneous Provisions394
‡ $PEXODQFHVDQG(PHUJHQF\9HKLFOHV395
‡ ,PSOHPHQWVRI+XVEDQGU\397
‡ Manufactured Structures397

— ORS Chapter 821 - Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles399

‡ Off-Road Vehicles401
‡ Snowmobiles and All-Terrain Vehicles402

— ORS Chapter 822 - Regulation of Vehicle Related Businesses413

‡ Vehicle Dealers415
‡ Subleasing Vehicles427
‡ Transfer of Vehicles by Lien Claimants427
‡ Dismantlers428
‡ Towing Businesses433
‡ Vehicle Transporters
‡ Driver Training437
‡ General Prohibitions439
‡ Fees440
‡ Civil Penalties440

— ORS Chapter 823 - Carrier Regulation Generally441

‡ General Provisions443
‡ Department Powers and Duties Regarding Carriers443
‡ ,QYHVWLJDWLRQV+HDULQJV5XOLQJV444
‡ 'HVWUXFWLRQRI(TXLSPHQW
‡ Hazardous Materials Generally
‡ Agency Abandonment
‡ (QIRUFHPHQW$QG5HPHGLHV447
‡ Receipts and Bills of Lading448
‡ Penalties449

— ORS Chapter 824 - Railroads451

‡ Funds, Accounts and Fees453
‡ General Provisions454
‡ ,QVSHFWRUV5HSRUWV455
‡ Acquisition or Abandonment of Lines455
‡ Safety Program Standard
‡ Facilities and Tracks
‡ (TXLSPHQW457
‡ Hazardous Materials458
‡ Caboose Requirements459
‡ Railroad Crossings
‡ Cost Apportionments
‡ (PSOR\HH6DIHW\5HJXODWLRQV
‡ Passenger Rail
‡ Penalties

Page vi
— ORS Chapter 825 - Motor Carriers
‡ General Provisions473
‡ (FRQRPLFDQG6DIHW\5HJXODWLRQ 474
‡ 0RWRU&DUULHU(GXFDWLRQ3URJUDP490
‡ Drug and Alcohol Testing Program490
‡ Weight-Mile Tax491
‡ *UHHQKRXVH*DV(PLVVLRQV499
‡ Penalties501

— 256&KDSWHU5HJLVWUDWLRQRI&RPPHUFLDO9HKLFOHV503

Related Laws ..............................................................................513

— ORS Chapter 153 - Violations and Fines515
— ORS Chapter 183 - Administrative Procedures Act; Legislative Review of
Rules; Civil Penalties533
— ORS Chapter 319 - Motor Vehicle and Aircraft Fuel Taxes Revenue and
Taxation
— 256&KDSWHU,QGLJHQW3HUVRQV,QMXUHGLQ0RWRU9HKLFOH$FFLGHQWV599

Miscellaneous Laws................................................................. 605

Index

Page vii
Page viii
 *(1(5$/3529,6,216$1''(),1,7,216

TITLE 59
OREGON VEHICLE CODE

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Fewer Than Four Wheels
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Chapter 801
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GENERAL PROVISIONS AND DEFINITIONS

801.010 Short title 801.063 Security requirements

801.015 Effect of naming offenses 801.066 Report
801.020 Statements of policy and purpose;
applicability of vehicle code
DEFINITIONS
801.026 General exemptions; exceptions
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801.030 Exemptions from amendments to
vehicle code 801.110 “Alley”
801.038 Local government regulation of cell 801.115 “Ambulance”
phones in motor vehicles 801.120 “Ambulatory disability”
801.040 Authority to adopt special provisions 801.125 “Antique vehicle”
801.041 Terms and conditions for imposition 801.127 “Arterial”
of registration fee by county; rules
801.130 “Assembled vehicle”
801.042 Terms and conditions for imposition
801.135 “Axle”
of registration fee by district; rules
801.140 “Balance trailer”
801.043 Moneys required by department for
initial implementation of registration 801.150 “Bicycle”
fees 801.155 “Bicycle lane”
801.045 Permissive use of private roadway 801.160 “Bicycle path”
801.050 Privilege of motorist to use highways 801.163 “Biometric data”
801.055 Weight standards; Department of 801.165 “Bus trailer”
Transportation responsibility for
weight determination; rules 801.170 “Business district”
801.175 “Canceled”; “cancellation”
801.180 “Camper”
REAL ID ACT OF 2005
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801.060 Conditions for expending funds for  ´&HUWLÀFDWHRIWLWOHµ
implementation of Real ID Act

Title 59 Page 1 (2015 Edition)

 OREGON VEHICLE CODE

801.187 “Circulatory roadway” 801.360 “Motor vehicle”

801.190 “Class I all-terrain vehicle” 801.365 “Motorcycle”
801.193 “Class II all-terrain vehicle” 801.366 “Motorcycle helmet”
801.194 “Class III all-terrain vehicle” and 801.368 “Narrow residential roadway”
“Class IV all-terrain vehicle” 801.370 “Operation”
801.197 “Collector” 801.375 “Owner”
801.198 “Combination of vehicles” 801.377 “Ownership record”
801.199 “Combined weight” 801.380 “Park” or “parking”
801.200 “Commercial bus” 801.385 “Pedestrian”
801.205 “Commercial bus trailer” 801.387 “Person with a disability”
801.207 “Commercial driver license” and 801.390 “Pole trailer”
“commercial driving privileges”
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801.208 “Commercial motor vehicle”
801.397 “Prefabricated structure”
801.210 “Commercial vehicle”
801.400 “Premises open to the public”
801.215 “Commission”
801.402 “Primary ownership record”
801.217 “Converter dolly”
801.404 “Racing activity vehicle”
801.220 “Crosswalk”
 ´5DLOÀ[HGJXLGHZD\V\VWHPµ
801.225 “Department”
801.408 “Reconstructed vehicle”
801.230 “Director”
801.409 “Recreational vehicle”
801.236 “Dismantler”
801.410 “Registration” or “register”
 ´'LVWULFWµGHÀQHGIRUFHUWDLQ
purposes 801.415 “Registration plate”
801.245 “Driver license” 801.420 “Registration weight”
801.250 “Driver permit” 801.425 “Replica”
801.255 “Driving privilege” 801.430 “Residence district”
801.258 “Electric assisted bicycle” 801.435 “Revoked”
801.259 “Electric personal assistive mobility 801.440 “Right of way”
device” 801.445 “Road authority”
801.260 “Emergency vehicle” 801.447 “Road machinery”
801.261 “Endorsement” 801.450 “Roadway”
801.263 “Engine brake” 801.451 “Roundabout”
801.265 “Farm tractor”  ´6DOYDJHWLWOHFHUWLÀFDWHµ
801.270 “Farm trailer” 801.455 “School activity vehicle”
801.272 “Field sobriety test” 801.460 “School bus”
801.275 “Fifth wheel hitch” 801.462 “School zone”
801.280 “Financial responsibility 801.465 “Security interest”
requirements” 801.470 “Self-supporting trailer”
801.285 “Fixed load vehicle” 801.475 “Semitrailer”
801.288 “Funeral escort vehicle”; “funeral 801.480 “Shoulder”
lead vehicle”; “funeral procession”
801.485 “Sidewalk”
 ´)XWXUHUHVSRQVLELOLW\ÀOLQJµ
801.490 “Snowmobile”
801.295 “Golf cart”
801.495 “Special mobile equipment”
801.297 “Gross combination weight rating”
801.500 “Special use trailer”
801.298 “Gross vehicle weight rating”
801.505 “Stand” or “standing”
801.300 “Group of axles”
801.507 “Stinger-steered”
801.303 “Hazardous materials”
801.510 “Stop”
801.305 “Highway”
801.513 “Street rod”
801.308 “Identity source documents”
801.515 “Suspend”
801.310 “Implement of husbandry”
801.520 “Tandem axles”
801.317 “Inhalant”
801.522 “Tank vehicle”
801.320 “Intersection”
801.524 “Throughway”
801.323 “Issue”; “issuance”
801.525 “Tire”
801.325 “Limited visibility condition”
801.526 “Title”
801.330 “Loaded weight”
801.527 “Totaled vehicle”; “totaled”
801.331 “Low-speed vehicle”
801.529 “Tow dolly”
801.333 “Manufactured structure”
801.530 “Tow vehicle”
801.335 “Manufacturer”
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801.341 “Medium-speed electric vehicle”
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801.345 “Moped”
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801.348 “Motor assisted scooter”
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801.350 “Motor home”
801.560 “Trailer”
801.355 “Motor truck”
801.562 “Transitional ownership record”

Title 59 Page 2 (2015 Edition)

 *(1(5$/3529,6,216$1''(),1,7,216

801.565 “Travel trailer”

801.575 “Truck tractor”
801.580 “Truck trailer”
801.585 “Unloaded weight”
801.590 “Vehicle”
801.592 “Vehicle appraiser”
801.595 “Vehicle code”
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801.605 “Vehicle of special interest”
801.608 “Vulnerable user of a public way”
801.610 “Worker transport bus”

Title 59 Page 3 (2015 Edition)

 OREGON VEHICLE CODE

Title 59 Page 4 (2015 Edition)

 *(1(5$/3529,6,216$1''(),1,7,216  

GENERAL PROVISIONS (4) The provisions of the vehicle code appli-

cable to drivers of vehicles upon the highways
801.010 Short title. (1) ORS chapters 801 to shall apply to the drivers of all vehicles owned
PD\EHFLWHGDVWKH2UHJRQ9HKLFOH&RGH or operated by the United States, this state or
 256WRPD\EHFLWHGDV any county, city, district or any other political
WKH+DELWXDO7UDIÀF2IIHQGHUV$FW subdivision of this state, subject to such spe-
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801.015 Effect of naming offenses. The
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law, the provisions of the vehicle code shall be
applicable and uniform on federal lands within
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names given offenses in the vehicle code do not
establish or limit the elements of the offense
described but are merely for the convenience of
the readers of the vehicle code and of the per-
sons administering and enforcing the vehicle
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801.020 Statements of policy and pur-
pose; applicability of vehicle code. This
section contains statements of purpose or
intent that are applicable to portions of the
YHKLFOHFRGHDVGHVFULEHGLQWKHIROORZLQJ vehicle code; and
(1) The provisions of the vehicle code and
other statutory provisions described in this
subsection are an exercise of the police powers
of this state, and the purpose, object and intent
of the sections is to provide a comprehensive
system for the regulation of all motor and other
YHKLFOHVLQWKLVVWDWH7KLVVXEVHFWLRQLVDSSOL-
FDEOHWRWKHIROORZLQJ construction and application of any defense to a
(a) Those provisions of the vehicle code relat-
ing to the administration of the Department
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(b) Those provisions of the vehicle code relat-
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(c) Those provisions of the vehicle code
relating to the regulation of the businesses
of vehicle dealers, dismantlers, vehicle trans-
porters, driver training schools and instructors
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(d) Those provisions relating to the transfer
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promulgated by a federal authority having
jurisdiction over federal lands within this
state and which vary from the provisions of
the vehicle code shall be the law of the local
authority within whose boundaries the federal
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(a) Local authorities are authorized to vary
in the same manner under the provisions of the
(b) Prior approval for the variance has been
obtained by the federal authority from the gov-
erning body of the local authority within whose
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(7) The vehicle code shall govern the con-
struction of and punishment for any vehicle
code offense committed after June 27, 1975, the
prosecution for such an offense and any admin-
istrative proceedings authorized or affected by
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(8) When all or part of a vehicle code statute
is amended or repealed, the statute or part
thereof so amended or repealed remains in
force for the purpose of authorizing the accu-
sation, prosecution, conviction and punishment
of a person who violated the statute or part
thereof before the effective date of the amend-
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(9) The provisions of the vehicle code
described in this subsection relating to the
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and encourage the fullest possible use of its
highway system by authorizing the making
and execution of motor vehicle reciprocal or
proportional registration agreements, arrange-
ments and declarations with other states,
provinces, territories and countries with
respect to vehicles registered in this and such
other states, provinces, territories and coun-
tries, thus contributing to the economic and
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(3) The provisions described in this sub-
section shall be applicable and uniform
throughout this state and in all political sub-
divisions and municipalities therein and on the
ocean shore which has been or may hereafter
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section applies to provisions of the vehicle code
operation of vehicles refer exclusively to oper-
ation of vehicles upon highways and the ocean
shore which has been or may hereafter be
declared to be a state recreation area, except
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provisions of the vehicle code relating to aban-
doned vehicles, vehicle equipment, regulation
of vehicle size, weight and load, the manner
of operation of vehicles and use of roads by
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(10) All reciprocity and proportional reg-
istration agreements, arrangements and
declarations relating to vehicles, in force and
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revoked as provided by law or by such arrange-
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relating to abandoned vehicles, vehicle equip-  ,WLVKHUHE\GHFODUHGWREHWKHSROLF\RI
ment, regulation of vehicle size, weight and WKLVVWDWH
load, the manner of operation of vehicles and
XVHRIURDGVE\SHUVRQVDQLPDOVDQGYHKLFOHV

Title 59 Page 5 (2015 Edition)

 OREGON VEHICLE CODE

(a) To provide maximum safety for all per- (d) Criminal driving while suspended or
sons who travel or otherwise use the public UHYRNHGDVGHÀQHGLQ256
highways of this state; (e) Fleeing or attempting to elude a police
(b) To deny the privilege of operating motor RIÀFHUDVGHÀQHGLQ256
vehicles on the public highways to persons who
by their conduct and record have demonstrated
their indifference for the safety and welfare
of others and their disrespect for the laws
of the state, the orders of its courts and the
statutorily required acts of its administrative
agencies; and
(c) To discourage repetition of criminal acts
by individuals against the peace and dignity
of the state and its political subdivisions and
to impose increased and added deprivation of
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(4) Motor vehicles and equipment being used
in the area and in the manner described in
subsection (2) of this section are also exempt
from the provisions of the vehicle code relating
to vehicle size and weight to the extent set out
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(5) Devices moved exclusively on stationary
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the privilege to operate motor vehicles upon  'HYLFHVWKDWDUHSRZHUHGH[FOXVLYHO\E\
habitual offenders who have been convicted human power are not subject to those provi-
UHSHDWHGO\RIYLRODWLRQVRIWUDIÀFODZV VLRQVRIWKHYHKLFOHFRGHWKDWUHODWHWRYHKLFOHV
 ,IDQ\RIWKHSURYLVLRQVXQGHU256
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to contravene section 127 of title 23, United
States Code, it shall not serve to render inop-
erative any remaining of such provisions that
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Notwithstanding this subsection, bicycles are
generally subject to the vehicle code as pro-
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(7) The exemptions in subsection (3) of this
section do not apply to the persons and vehi-
cles when traveling to or from the facilities or
FRQVWUXFWLRQSURMHFW>F†HQDFWHG
†EF†@ LQOLHXRIF†@
801.025>F†F† 801.030 Exemptions from amendments
F†UHSHDOHGE\F† to vehicle code. This section describes
HQDFWHGLQOLHXRI@ H[HPSWLRQVIURPVSHFLÀFFKDQJHVWRWKHYHKL-
801.026 General exemptions; excep- FOHFRGH7KHH[HPSWLRQVDOORZVRPHSUDFWLFH
tions. (1) Persons, motor vehicles and RUULJKWWRFRQWLQXHDIWHUWKHFKDQJHLVPDGH
equipment employed or used by a public or 7KHH[HPSWLRQVDUHDVIROORZV
telecommunications utility, electric coopera-   1RWKLQJ FRQWDLQHG LQ 256 
tive or by the United States, this state or any VKDOOUHTXLUHWKHUHGHVLJQPRGLÀFDWLRQRU
political subdivision of this state are exempt replacement of street drains installed prior
from the provisions of the vehicle code speci- WR6HSWHPEHU
ÀHGLQVXEVHFWLRQRIWKLVVHFWLRQZKLOHRQD
highway and working or being used to service,
construct, maintain or repair the facilities of
DXWLOLW\
(2) Persons, motor vehicles and equipment
employed or being used in the construction
or reconstruction of a street or highway are
exempt from the provisions of the vehicle code
 6HFWLRQVWRRIFKDSWHU2UHJRQ
Laws 1975, shall not apply to or govern the
construction of or punishment for any vehicle
code offense committed before June 27, 1975, or
the construction and application of any defense
to a prosecution for such an offense and do
not impair or render ineffectual any court or
administrative proceedings or procedural mat-
VSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQLI WHUVZKLFKRFFXUUHGEHIRUH-XQH>
(a) They are within the immediate construc- F†F†@
tion project as described in the governmental 801.035 > F †  F †
agency contract, if there is a contract; and F†F†F†
(b) The work is being done in an area that is UHSHDOHGE\F†@
signed in accordance with the manual adopted 801.038 Local government regulation
XQGHU256 of cell phones in motor vehicles. A city,
(3) Persons, motor vehicles and equipment county or other local government may not enact
described in subsections (1) and (2) of this sec- or enforce any charter provision, ordinance,
tion are exempt from provisions of the vehicle resolution or other provision regulating the
code relating to rules of the road as described XVHRIFHOOXODUWHOHSKRQHVLQPRWRUYHKLFOHV
in ORS chapter 811, except that this subsection >F†@
GRHVQRWDSSO\WR NoteZDVHQDFWHGLQWRODZE\WKH
 D 5HFNOHVV GULYLQJ DV GHÀQHG LQ 256 Legislative Assembly but was not added to or
 made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
 E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
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(c) Failure to perform the duties of a driver
involved in an accident or collision, as described
LQ256RU
Title 59 3DJH
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
801.040 Authority to adopt special pro-
visions. This section describes circumstances
where special provisions are made concerning
(2015 Edition)
 *(1(5$/3529,6,216$1''(),1,7,216  

the authority of cities, counties or other politi- governing body if such regulations are not
cal subdivisions in relation to some portion of LQFRQVLVWHQWZLWK256WR
WKHYHKLFOHFRGH7KLVVHFWLRQLVQRWWKHRQO\
section of the vehicle code that applies to such
authority and shall not be interpreted to affect
WKHYHKLFOHFRGHH[FHSWDVVSHFLÀFDOO\SURYLGHG
LQWKLVVHFWLRQ7KHIROORZLQJOLPLWVDUHSDUWLDO
RUFRPSOHWHDVGHVFULEHG (a) Notwithstanding paragraph (b) of this
(1) No county, municipal or other local body
with authority to adopt and administer local
police regulations under the Constitution and
laws of this state shall enact or enforce any
UXOHRUUHJXODWLRQLQFRQÁLFWZLWKWKHSUR-
visions of the vehicle code described in this
VXEVHFWLRQH[FHSWDVVSHFLÀFDOO\DXWKRUL]HGLQ
WKHYHKLFOHFRGH7KLVVXEVHFWLRQDSSOLHVWRWKH
provisions of the vehicle code relating to aban-
doned vehicles, vehicle equipment, regulation
of vehicle size, weight and load, the manner
of operation of vehicles and use of roads by
SHUVRQVDQLPDOVDQGYHKLFOHV
 7KHSURYLVLRQVRI256WR
relating to towing of vehicles that are aban-
doned establish minimum requirements
VXEMHFWWRWKHIROORZLQJ
subsection, a county or incorporated city may
supersede such provisions by ordinance or
FKDUWHUSURYLVLRQ
(b) Any road authority described under ORS
PD\DGRSWUXOHVRUSURFHGXUHVWKDWGR
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additional protection for the owner or person
with an interest in a vehicle subject to such
provisions or that more quickly accomplish the
SURFHGXUHVHVWDEOLVKHGXQGHUVXFKSURYLVLRQV
(5) Any incorporated city may by ordinance
require that the driver of a vehicle involved in
DQDFFLGHQWÀOHZLWKDGHVLJQDWHGFLW\GHSDUW-
 ([FHSWDVSURYLGHGLQ256DQG
this subsection, no city, county or other political
subdivisions shall regulate or require or issue
any registration, licenses, permits or surety
bonds or charge any fee for the regulatory or
surety registration of any person required to
REWDLQDFHUWLÀFDWHIURPWKH'HSDUWPHQWRI
PHQWDFRS\RIDQ\UHSRUWUHTXLUHGWREHÀOHG
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EHIRUWKHFRQÀGHQWLDOXVHRIWKHFLW\GHSDUW-
ment but subject to the same requirements
for release of such reports as provided for the
release of such reports by the department
XQGHU256DQG
7UDQVSRUWDWLRQXQGHU2567KLVVXE-  ([FHSWDVRWKHUZLVHVSHFLÀFDOO\SURYLGHG
VHFWLRQGRHVQRW in this section, in accordance with the provi-
(a) Limit any authority of a city or county to VLRQVRI256WKHJRYHUQLQJERG\RID
license and collect a general and nondiscrim- county may establish by ordinance registration
inatory license fee levied upon all businesses fees for vehicles registered at a residence or
or to levy a tax based upon business conducted EXVLQHVVDGGUHVVZLWKLQWKHFRXQW\
E\DQ\SHUVRQZLWKLQWKHFLW\RUFRXQW\
(b) Limit the authority of any city or county
to impose any requirements or conditions as
part of any contract to perform towing or recov-
HULQJVHUYLFHVIRUWKHFLW\RUFRXQW\
(c) Limit the authority of any city or county
to impose requirements and conditions that
govern the towing of a vehicle by a towing
EXVLQHVVXQGHU256VRORQJDVWKRVH
requirements and conditions are consistent
ZLWKWKHSURYLVLRQVRI256
(3) No city, county or other political subdi-
vision of this state, nor any state agency, may
adopt a regulation or ordinance that imposes
a special fee for the use of public lands or
ZDWHUVE\VQRZPRELOHVRU&ODVV,DOOWHUUDLQ
vehicles, or for the use of any access thereto
that is owned by or under the jurisdiction of
either the United States, this state or any such
FLW\FRXQW\RURWKHUSROLWLFDOVXEGLYLVLRQ7KH
UHJLVWUDWLRQIHHVSURYLGHGE\256DUH
in lieu of any personal property or excise tax
imposed on snowmobiles by this state or any
SROLWLFDOVXEGLYLVLRQ1RFLW\FRXQW\RURWKHU
municipality, and no state agency shall impose
any other registration or license fee on any
VQRZPRELOHLQWKLVVWDWH7KLVVXEVHFWLRQGRHV
not prohibit any city, county or other political
subdivision, or any state agency from regu-
lating the operation of snowmobiles or Class
,DOOWHUUDLQYHKLFOHVRQSXEOLFODQGVZDWHUV
and other properties under its jurisdiction and
on streets or highways within its boundaries
by adopting regulations or ordinances of its
Title 59 Page 7
 ([FHSWDVRWKHUZLVHVSHFLÀFDOO\SURYLGHG
in this section, in accordance with the provi-
VLRQVRI256WKHJRYHUQLQJERG\RID
district may establish by ordinance registra-
tion fees for vehicles registered at a residence
RUEXVLQHVVDGGUHVVZLWKLQWKHGLVWULFW>
F†F†F†F
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801.041 Terms and conditions for impo-
sition of registration fee by county; rules.
The following apply to the authority granted
WRFRXQWLHVE\256WRHVWDEOLVKUHJ-
LVWUDWLRQIHHVIRUYHKLFOHV
(1) An ordinance establishing registration
fees under this section must be enacted by the
FRXQW\LPSRVLQJWKHUHJLVWUDWLRQIHHDQGÀOHG
ZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ1RW-
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of a county charter, the governing body of a
county with a population of 350,000 or more
may enact an ordinance establishing registra-
WLRQIHHV7KHJRYHUQLQJERG\RIDFRXQW\ZLWK
a population of less than 350,000 may enact
an ordinance establishing registration fees
after submitting the ordinance to the electors
RIWKHFRXQW\IRUWKHLUDSSURYDO7KHJRYHUQLQJ
body of the county imposing the registration fee
shall enter into an intergovernmental agree-
PHQWXQGHU256ZLWKWKHGHSDUWPHQW
by which the department shall collect the regis-
tration fees, pay them over to the county and, if
necessary, allow the credit or credits described
(2015 Edition)
 OREGON VEHICLE CODE

LQ2567KHLQWHUJRYHUQPHQWDO
agreement must state the date on which the
department shall begin collecting registration
IHHVIRUWKHFRXQW\
(2) The authority granted by this section
allows the establishment of registration fees
LQDGGLWLRQWRWKRVHGHVFULEHGLQ256
There is no authority under this section to
a different distribution is agreed upon by the
county and the cities within the jurisdiction
RIWKHFRXQW\7KHPRQH\VIRUWKHFLWLHVDQG
the county shall be used for any purpose for
which moneys from registration fees may be
used, including the payment of debt service
and costs related to bonds or other obligations
LVVXHGIRUVXFKSXUSRVHV
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cards, plates, requirements or any other pro- LPSRVHDUHJLVWUDWLRQIHHXQGHUWKLVVHFWLRQ
vision relating to vehicle registration under The ordinance of each county acting jointly
WKHYHKLFOHFRGH with another under this subsection must pro-
 ([FHSWDVRWKHUZLVHSURYLGHGIRULQWKLV vide for the distribution of moneys collected
subsection, when registration fees are imposed WKURXJKDMRLQWUHJLVWUDWLRQIHH>F
under this section, they must be imposed on all †F†F†F
YHKLFOHFODVVHV5HJLVWUDWLRQIHHVDVSURYLGHG ††DF††F†@
under this section may not be imposed on the NoteDQGZHUH
IROORZLQJ enacted into law by the Legislative Assem-
 D 6QRZPRELOHV DQG &ODVV , DOOWHUUDLQ bly but were not added to or made a part of
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VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
 E)L[HGORDGYHKLFOHV ace to Oregon Revised Statutes for further
 F9HKLFOHVUHJLVWHUHGXQGHU256
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(d) Vehicles registered as antique vehicles
XQGHU256
(e) Vehicles registered as vehicles of special
LQWHUHVWXQGHU256
(f) Government-owned or operated vehicles
UHJLVWHUHGXQGHU256RU
(g) School buses or school activity vehicles
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(h) Law enforcement undercover vehicles
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801.042 Terms and conditions for impo-
sition of registration fee by district; rules.
The following apply to the authority granted
WRDGLVWULFWE\256WRHVWDEOLVKUHJ-
LVWUDWLRQIHHVIRUYHKLFOHV
(1) Before the governing body of a district
can impose a registration fee under this sec-
tion, it must submit the proposal to the electors
of the district for their approval and, if the
proposal is approved, enter into an intergov-
HUQPHQWDO DJUHHPHQW XQGHU 256 
with the governing bodies of all counties,
other districts and cities with populations of
RYHUWKDWRYHUODSWKHGLVWULFW7KH
intergovernmental agreement must state the
registration fees and, if necessary, how the
revenue from the fees shall be apportioned
DPRQJFRXQWLHVDQGWKHGLVWULFWV%HIRUHWKH
RU governing body of a county can enter into such
(k) Vehicles registered as farm vehicles an intergovernmental agreement, the county
XQGHUWKHSURYLVLRQVRI256 VKDOOFRQVXOWZLWKWKHFLWLHVLQLWVMXULVGLFWLRQ
(L) Travel trailers, campers and motor
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(m) Vehicles registered to an employment
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eligible public employee or household member’s
residence address is not within the county of
WKH HPSOR\PHQW DGGUHVV 7KH GHSDUWPHQW
 ,IDGLVWULFWUDLVHVUHYHQXHVIURPDUHJ-
istration fee for purposes related to highways,
roads, streets and roadside rest areas, the gov-
erning body of that district shall establish a
Regional Arterial Fund and shall deposit in
the Regional Arterial Fund all such registra-
WLRQIHHV
may adopt rules it considers necessary for the
DGPLQLVWUDWLRQRIWKLVSDUDJUDSK
(4) Any registration fee imposed by a county
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respect to any vehicle class, the registration
 ,QWHUHVWUHFHLYHGRQPRQH\VFUHGLWHGWR
the Regional Arterial Fund shall accrue to and
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(4) The Regional Arterial Fund must be
administered by the governing body of the
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256WKHIHHPXVWEHDZKROHGROODU
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(5) Moneys from registration fees established
under this section must be paid to the county
establishing the registration fees as provided
LQ2567KHFRXQW\RUGLQDQFHVKDOO
district referred to in subsection (2) of this
section and such governing body by ordinance
may disburse moneys in the Regional Arterial
)XQG0RQH\VZLWKLQWKH5HJLRQDO$UWHULDO
Fund may be disbursed only for a program of
projects recommended by a joint policy advi-
sory committee on transportation consisting
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tives designated by the district referred to in
provide for payment of at least 40 percent of VXEVHFWLRQRIWKLVVHFWLRQ7KHSURMHFWVIRU
the moneys to cities within the county unless which the joint policy advisory committee on

Title 59 Page 8 (2015 Edition)

 *(1(5$/3529,6,216$1''(),1,7,216  

transportation can recommend funding must (8) Any registration fee imposed by the
concern arterials, collectors or other improve- JRYHUQLQJERG\RIDGLVWULFWPXVWEHDÀ[HG
ments designated by the joint policy advisory amount not to exceed, with respect to any
FRPPLWWHHRQWUDQVSRUWDWLRQ vehicle class, the registration fee established
(5) Ordinances establishing registration
IHHVXQGHUWKLVVHFWLRQPXVWEHÀOHGZLWKWKH
'HSDUWPHQWRI7UDQVSRUWDWLRQ7KHJRYHUQLQJ
body of the district imposing the registration
fee shall enter into an intergovernmental
DJUHHPHQWXQGHU256ZLWKWKHGHSDUW-
ment by which the department shall collect the
registration fees, pay them over to the district
and, if necessary, allow the credit or credits
XQGHU256)RUYHKLFOHVRQZKLFK
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801.043 Moneys required by depart-
ment for initial implementation of
registration fees. Moneys required by the
GHVFULEHGLQ2567KHLQWHUJRY- Department of Transportation to establish
ernmental agreement must state the date on a system for the initial implementation of
which the department shall begin collecting the collection and distribution of additional
UHJLVWUDWLRQIHHVIRUWKHGLVWULFW UHJLVWUDWLRQIHHVDXWKRUL]HGE\FKDSWHU
 7KHDXWKRULW\JUDQWHGE\WKLVVHFWLRQ
allows the establishment of registration fees
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There is no authority under this section to
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cards, plates, requirements or any other pro-
vision relating to vehicle registration under
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Oregon Laws 1989, shall be taken from the
moneys that would otherwise be distributed
WRWKHFRXQWLHVDQGFLWLHVXQGHU256
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Note6HHQRWHXQGHU
Note/HJLVODWLYH&RXQVHOKDVVXEVWLWXWHG
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´WKLV$FWµLQVHFWLRQFKDSWHU2UHJRQ
 ([FHSWDVRWKHUZLVHSURYLGHGIRULQWKLV /DZVFRPSLOHGDV6SHFLÀF256
subsection, when registration fees are imposed references have not been substituted, pursuant
under this section, the fees must be imposed WR7KHVHFWLRQVIRUZKLFKVXEVWLWXWLRQ
RQDOOYHKLFOHFODVVHV5HJLVWUDWLRQIHHVDVSUR- otherwise would be made may be determined
vided under this section may not be imposed by referring to the 1989 Comparative Section
RQWKHIROORZLQJ 7DEOHORFDWHGLQ9ROXPHRI256
 D 6QRZPRELOHV DQG &ODVV , DOOWHUUDLQ 801.045 Permissive use of private road-
YHKLFOHV way. Nothing in the provisions of the vehicle
 E)L[HGORDGYHKLFOHV code described in this section shall prevent the
 F9HKLFOHVUHJLVWHUHGXQGHU256
WRGLVDEOHGYHWHUDQV
(d) Vehicles registered as antique vehicles
XQGHU256
(e) Vehicles registered as vehicles of special
LQWHUHVWXQGHU256
(f) Government-owned or operated vehicles
UHJLVWHUHGXQGHU256RU
(g) School buses or school activity vehicles
UHJLVWHUHGXQGHU256
(h) Law enforcement undercover vehicles
UHJLVWHUHGXQGHU256
(i) Vehicles registered on a proportional
EDVLVIRULQWHUVWDWHRSHUDWLRQ
(j) Vehicles with a registration weight of
 SRXQGV RU PRUH GHVFULEHG LQ 256
owner of real property used by the public for
purposes of vehicular travel by permission of
the owner and not as a matter of right from pro-
hibiting such use, or from requiring different
RUDGGLWLRQDOFRQGLWLRQVWKDQWKRVHVSHFLÀHG
or from otherwise regulating such use as may
VHHPEHVWWRVXFKRZQHU7KLVVHFWLRQDSSOLHV
to the provisions of the vehicle code relating
to abandoned vehicles, vehicle equipment,
regulation of vehicle size, weight and load,
the manner of operation of vehicles and use of
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F†@
801.050 Privilege of motorist to use
highways. Subject to compliance with the
motor vehicle law of this state, owners and
operators of motor vehicles are granted the
SULYLOHJHRIXVLQJWKHKLJKZD\VRIWKLVVWDWH
>F†F†@
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(k) Vehicles registered as farm vehicles
XQGHUWKHSURYLVLRQVRI256
(L) Travel trailers, campers and motor
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(m) Vehicles registered to an employment
DGGUHVVDVSURYLGHGLQ256ZKHQWKH
eligible public employee or household member’s
residence address is not within the county of
WKH HPSOR\PHQW DGGUHVV 7KH GHSDUWPHQW
may adopt rules it considers necessary for the
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Title 59 Page 9
801.055 Weight standards; Department
of Transportation responsibility for
weight determination; rules. (1) References
in the vehicle code to weights and measures
UHIHUWR8QLWHG6WDWHV6WDQGDUGVWKHUHRI
(2) For purposes of the vehicle code, the
weights of vehicles, combinations of vehicles,
parts of vehicles, wheels or axles shall be
determined by the use of methods, procedures
and devices established by the Department of
7UDQVSRUWDWLRQE\UXOH7KHUXOHVHVWDEOLVKHG
in accordance with this subsection may include
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(2015 Edition)
 OREGON VEHICLE CODE

(a) Methods and procedures to determine  5HSRUW3ULRUWRLPSOHPHQWDWLRQ

weights when weighing devices or facilities RIWKH5HDO,'$FWRI3/WKH
DUHQRWFRQYHQLHQW Department of Transportation shall prepare
 E6WDQGDUGVDQGFHUWLÀFDWLRQSURFHGXUHV
IRUZHLJKLQJGHYLFHV
(c) Any other rules the department deter-
mines necessary or convenient for purposes
RIWKLVVXEVHFWLRQ>F†F
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REAL ID ACT OF 2005
801.060 Conditions for expending funds
for implementation of Real ID Act. A state
agency or program may not expend funds to
LPSOHPHQWWKH5HDO,'$FWRI3/
XQOHVV where the context requires otherwise, the
(1) Federal funds are received by this state
DQGDOORFDWHGLQDPRXQWVVXIÀFLHQWWRFRYHUWKH
estimated costs to this state of implementing
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a report that analyzes the cost to this state,
and to applicants for issuance, renewal or
replacement of driver licenses, driver permits
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(2) The department shall make the report
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DEFINITIONS
 'HÀQLWLRQVJHQHUDOO\([FHSW
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enacted into law by the Legislative Assem-
bly but were not added to or made a part of
the Oregon Vehicle Code or any chapter or
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ace to Oregon Revised Statutes for further
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801.063 Security requirements. (1)
Before issuing, replacing or renewing a driver
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order to comply with the requirements of the
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storing data about individuals in any database,
records facility or computer system in order to
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Act of 2005, the Department of Transportation
VKDOOLPSOHPHQWWKHIROORZLQJ
801.110 “Alley.” ´$OOH\µPHDQVDVWUHHWRU
highway primarily intended to provide access
to the rear or side of lots or buildings in urban
areas and not intended for through vehicular
WUDIÀF>F†@
801.115 “Ambulance.” ´$PEXODQFHµPHDQV
any privately or publicly owned motor vehi-
cle that is regularly provided or offered to be
provided for the emergency transportation of
persons who are ill or injured or who have dis-
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801.120 “Ambulatory disability.” “Ambu-
ODWRU\GLVDELOLW\µPHDQVDGLVDELOLW\EHFDXVH
RIZKLFKDSHUVRQ
(1) Has a physical and permanent disability
to such a degree that the person is unable to
move from place to place without the aid of a
wheelchair;
 ,VQRWDEOHWRFURVVFXUEVEHFDXVHRISDUDO-
 D6XIÀFLHQWPHDVXUHVWRSURWHFWWKHSULYDF\ ysis or loss of function of the person’s legs;
of individuals; and
 ,VPLVVLQJRQHRUERWKOHJVRU
 E 6XIÀFLHQW VDIHJXDUGV DJDLQVW XQDX-
thorized disclosure or use of an individual’s
personal identifying information by depart-
ment personnel or any contractor, agency or
other person who may have access to the data-
EDVHUHFRUGVIDFLOLW\RUFRPSXWHUV\VWHP
(2) The department may not, in order to
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$FWRI and 1900 and that is maintained as a collec-
(a) Participate in any multistate or federal
shared database program unless the depart-
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measures to protect the privacy of individuals
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disclosure or use of an individual’s personal
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(b) Charge unreasonable fees or place unrea-
sonable record keeping burdens on an applicant
for issuance, renewal or replacement of a driver
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Title 59 Page 10
(4) Has a permanently impaired or unsteady
gait that makes it impossible or impractical to
ZDONDVDPHDQVRIWUDQVSRUWDWLRQ>F
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801.125 “Antique vehicle.” “Antique vehi-
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the number of years between the current year
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801.127 “Arterial.” ´$UWHULDOµRU´DUWHULDO
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801.130 “Assembled vehicle.” “Assembled
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(1) With a body that does not resemble any
particular year model or make of vehicle;
(2) That is not a vehicle rebuilt by a
manufacturer;
(3) That is not a vehicle built in a factory
where the year model and make are assigned
at the factory; and
(2015 Edition)
 *(1(5$/3529,6,216$1''(),1,7,216  

(4) That is not an antique vehicle, a vehicle RFFXSLHGE\EXLOGLQJVXVHGIRUEXVLQHVV>

of special interest, a reconstructed vehicle or
DUHSOLFD>F†F†@
801.135 “Axle.” ´$[OHµPHDQVDQ\VWUXFWXUH
or structures, whether in one or more seg-
ments, of any vehicle, supported by wheels and
on which the wheels rotate, so spaced longitu-
dinally that the centers thereof are included
F†@
801.175 “Canceled”; “cancellation.” (1)
´&DQFHOHGµZLWKUHIHUHQFHWRYHKLFOHUHJLVWUD-
tion or title, means that the registration or
title is declared void and terminated and new
registration or title may be obtained only as
SHUPLWWHGE\ODZ
between two vertical parallel transverse planes
LQFKHVDSDUW>F†@
801.140 “Balance trailer.” “Balance
WUDLOHUµ PHDQV HYHU\ WUDLOHU RWKHU WKDQ D
self-supporting trailer, pole trailer or semi-
trailer, designed so that its weight and that of
its load is substantially balanced upon its axle
or axles and so that it couples to the towing
YHKLFOHZLWKDGHYLFHRWKHUWKDQDÀIWKZKHHO
KLWFK7KHGHÀQLWLRQLQWKLVVHFWLRQLVEDVHG
upon design features and, except as otherwise
provided in this section, does not prohibit a
EDODQFHWUDLOHUIURPÀWWLQJLQWRDQRWKHUFODV-
 ´&DQFHOODWLRQµZLWKUHIHUHQFHWRGULYLQJ
SULYLOHJHVRULGHQWLÀFDWLRQFDUGVPHDQVWKH
annulment or termination by formal action
of the Department of Transportation of a per-
VRQ·VGULYLQJSULYLOHJHVRULGHQWLÀFDWLRQFDUG
or of a person’s right to apply for privileges or
LGHQWLÀFDWLRQFDUGEHFDXVHRIVRPHHUURURU
defect in a document or because the person
LVQRWHOLJLEOHIRUWKHSULYLOHJHVRUFDUG>
F†F†F†@
801.180 “Camper.” ´&DPSHUµ PHDQV D
VWUXFWXUHWKDW
VLÀFDWLRQRIWUDLOHUEDVHGRQXVH>F  +DVDÁRRU
†F†@  ,VGHVLJQHGWREHPRXQWHGXSRQDPRWRU
801.145>F†F† vehicle;
UHSHDOHGE\F†@  ,VQRWSHUPDQHQWO\DWWDFKHGWRDPRWRU
801.150 “Bicycle.” ´%LF\FOHµPHDQVDYHKL- vehicle upon which it is mounted;
FOHWKDW   ,V GHVLJQHG WR SURYLGH IDFLOLWLHV IRU
 ,VGHVLJQHGWREHRSHUDWHGRQWKHJURXQG human habitation or for camping;
on wheels;  ,VVL[IHHWRUPRUHLQRYHUDOOOHQJWK
(2) Has a seat or saddle for use of the rider;  ,VÀYHDQGRQHKDOIIHHWRUPRUHLQKHLJKW
 ,VGHVLJQHGWRWUDYHOZLWKQRWPRUHWKDQ IURPÁRRUWRFHLOLQJDWDQ\SRLQWDQG
three wheels in contact with the ground; (7) Has no more than one axle designed to
 ,VSURSHOOHGH[FOXVLYHO\E\KXPDQSRZHU
and
(5) Has every wheel more than 14 inches in
diameter or two tandem wheels either of which
LVPRUHWKDQLQFKHVLQGLDPHWHU>F
†@
801.155 “Bicycle lane.” ´%LF\FOH ODQHµ
means that part of the highway, adjacent to
WKHURDGZD\GHVLJQDWHGE\RIÀFLDOVLJQVRU
markings for use by persons riding bicycles
H[FHSWDVRWKHUZLVHVSHFLÀFDOO\SURYLGHGE\
ODZ>F†@
801.160 “Bicycle path.” ´%LF\FOHSDWKµ
means a public way, not part of a highway,
WKDWLVGHVLJQDWHGE\RIÀFLDOVLJQVRUPDUNLQJV
for use by persons riding bicycles except as
RWKHUZLVHVSHFLÀFDOO\SURYLGHGE\ODZ>
F†@
801.163 “Biometric data.” “Biometric
GDWDµPHDQVPHDVXUHPHQWVRIWKHSK\VLFDO
characteristics of an individual’s face that
can be used to authenticate the identity of an
LQGLYLGXDO>F†@
801.165 “Bus trailer.” ´%XVWUDLOHUµPHDQV
any trailer designed or used for carrying
KXPDQEHLQJV>F†@
VXSSRUWDSRUWLRQRIWKHZHLJKWRIWKHFDPSHU
>F†@
 ´&HUWLÀFDWHRIVDOHµ´&HUWLÀFDWH
RIVDOHµPHDQVDGRFXPHQWWKDWFRQWDLQVWKH
name and address of the purchaser and seller
of a motor vehicle or component part, the date
of sale, the consideration paid and a descrip-
tion of the vehicle or part and other essential
elements of a sale of a motor vehicle or major
FRPSRQHQWSDUW>F†@
 ´&HUWLÀFDWHRIWLWOHµ´&HUWLÀFDWH
RIWLWOHµPHDQVDSDSHUGRFXPHQWLVVXHGE\DQ\
MXULVGLFWLRQVSHFLÀFDOO\DVHYLGHQFHRIYHKLFOH
RZQHUVKLS$FHUWLÀFDWHRIWLWOHLVQRWQHFHV-
sarily the only evidence of vehicle ownership
LVVXHGE\DMXULVGLFWLRQ>F†
F†F†F†
F†F†@
801.187 “Circulatory roadway.” “Circula-
WRU\URDGZD\µPHDQVWKHSRUWLRQRIDKLJKZD\
within a roundabout that is used by vehicles
to travel counterclockwise around a central
LVODQG$FLUFXODWRU\URDGZD\GRHVQRWKDYHD
FURVVZDON>F†@
801.190 “Class I all-terrain vehicle.”
´&ODVV,DOOWHUUDLQYHKLFOHµPHDQVDPRWRU-
L]HGRIIKLJKZD\UHFUHDWLRQDOYHKLFOHWKDW
801.170 “Business district.” “Business
GLVWULFWµPHDQVWKHWHUULWRU\FRQWLJXRXVWRD
highway when 50 percent or more of the front-
DJHWKHUHRQIRUDGLVWDQFHRIIHHWRUPRUH
on one side, or 300 feet or more on both sides, is
 ,VLQFKHVRUOHVVLQZLGWK
(2) Has a dry weight of 1,200 pounds or less;
(3) Travels on three or more pneumatic tires
that are six inches or more in width and that

Title 59 Page 11 (2015 Edition)

 OREGON VEHICLE CODE

are designed for use on wheels with a rim diam-
eter of 14 inches or less;
(4) Uses handlebars for steering;
(5) Has a seat designed to be straddled for
the operator; and
801.199 “Combined weight.” “Combined
ZHLJKWµPHDQVWKHWRWDOHPSW\ZHLJKWRIDOO
vehicles in a combination plus the total weight
of the load carried on that combination of vehi-
FOHV>)RUPHUO\@
801.200 “Commercial bus.” “Commercial
 ,VGHVLJQHGIRURUFDSDEOHRIFURVVFRXQ-
try travel on or immediately over land, water,
sand, snow, ice, marsh, swampland or other
QDWXUDOWHUUDLQ>F†F†
F†F†@
EXVµPHDQVHYHU\PRWRUYHKLFOHGHVLJQHGRU
used for carrying passengers and their per-
sonal baggage and express for compensation,
H[FHSW
 7D[LFDEVWKDW
801.193 “Class II all-terrain vehicle.”
´&ODVV,,DOOWHUUDLQYHKLFOHµPHDQVDQ\PRWRU (a) Are passenger vehicles with a passenger
YHKLFOHWKDW VHDWLQJFDSDFLW\WKDWGRHVQRWH[FHHGÀYH
(1) Weighs more than or is wider than a (b) Carry passengers for hire where desti-
&ODVV,DOOWHUUDLQYHKLFOH nation and route traveled may be controlled
by a passenger and the fare is calculated on
 ,VGHVLJQHGIRURUFDSDEOHRIFURVVFRXQ-
try travel on or immediately over land, water,
sand, snow, ice, marsh, swampland or other
natural terrain;
the basis of any combination of an initial fee,
distance traveled or waiting time;
(c) Are operated under a current license or
permit issued by a city, county or other unit of
 ,VDFWXDOO\EHLQJRSHUDWHGRIIDKLJKZD\ local government where a permit or license is
or is being operated on a highway for agricul- required for the operation of a taxicab; and
WXUDOSXUSRVHVXQGHU256DQG
(d) Transport persons or property, or both,
 ,VQRWD&ODVV,9DOOWHUUDLQYHKLFOH>
F†F†F†
F†@
801.194 “Class III all-terrain vehicle”
and “Class IV all-terrain vehicle.” (1)
´&ODVV,,,DOOWHUUDLQYHKLFOHµPHDQVDPRWRUF\-
cle that travels on two tires and that is actually
EHLQJRSHUDWHGRIIKLJKZD\
EHWZHHQSRLQWVLQ2UHJRQ
(2) Vehicles commonly known and used as
private passenger vehicles and not operated
for compensation except in the transportation
RIVWXGHQWVWRRUIURPVFKRRO>F†
F†@
801.205 “Commercial bus trailer.” “Com-
PHUFLDOEXVWUDLOHUµPHDQVDEXVWUDLOHU
 ´&ODVV,9DOOWHUUDLQYHKLFOHµPHDQVDQ\
PRWRUL]HGYHKLFOHWKDW (1) That is designed or used for carrying
passengers and their personal baggage for
(a) Travels on four or more pneumatic tires FRPSHQVDWLRQ
that are six inches or more in width and that
are designed for use on wheels with a rim diam- (2) Other than a vehicle commonly known
eter of 14 inches or less; and used as a private passenger vehicle not
operated for compensation except in the trans-
 E,VGHVLJQHGIRURUFDSDEOHRIFURVVFRXQ-
try travel on or immediately over land, water,
sand, snow, ice, marsh, swampland or other
natural terrain;
(c) Has nonstraddle seating;
(d) Has a steering wheel for steering control;
(e) Has a dry weight of 1,800 pounds or less;
and
SRUWDWLRQRIVWXGHQWVWRRUIURPVFKRRO>
F†F†@
801.207 “Commercial driver license”
and “commercial driving privileges.” (1)
´&RPPHUFLDOGULYHUOLFHQVHµPHDQVDGULYHU
license issued by this state or any other juris-
diction that authorizes its holder to drive a
commercial motor vehicle if the holder also has
DQ\QHFHVVDU\HQGRUVHPHQWVWRWKHOLFHQVH
 I,VLQFKHVZLGHRUOHVVDWLWVZLGHVW  ´&RPPHUFLDOGULYLQJSULYLOHJHVµPHDQV
SRLQW>F†F†VXEVHFWLRQ the driving privileges granted by a commer-
RI(GLWLRQHQDFWHGDVF†@
801.195 > F † UHQXPEHUHG
LQ@
801.196 > F †  F †
UHQXPEHUHGLQ@
801.197 “Collector.” ´&ROOHFWRUµRU´FRO-
cial driver license or a commercial learner
driver permit issued by this state or any other
jurisdiction, either of which authorizes the indi-
vidual to operate a class of commercial motor
vehicle as permitted by the commercial driver
license or commercial learner driver permit,
VXEMHFWWRDQ\HQGRUVHPHQWVRUUHVWULFWLRQV
OHFWRUKLJKZD\µPHDQVDKLJKZD\WKDWVHUYHV >F†F†VXEVHFWLRQ
SULPDULO\WRIXQQHOWUDIÀFIURPRQHORFDOKLJK- RI(GLWLRQHQDFWHGDVF†@
way to another or between arterials and local 801.208 “Commercial motor vehicle.”
KLJKZD\V>F†@
801.198 “Combination of vehicles.”
´&RPELQDWLRQRIYHKLFOHVµPHDQVWZRRUPRUH
YHKLFOHVFRXSOHGWRJHWKHU>)RUPHUO\@
Title 59
´&RPPHUFLDOPRWRUYHKLFOHµPHDQVDPRWRU
vehicle or combination of motor vehicles and
RQHRUPRUHYHKLFOHVWKDW
(a) Has a gross combination weight rating or
JURVVFRPELQDWLRQZHLJKWRISRXQGVRU
more, whichever is greater, inclusive of one or
Page 12 (2015 Edition)
 *(1(5$/3529,6,216$1''(),1,7,216  

more towed units, with a gross vehicle weight measured from the curbs or, in the absence of
rating or gross vehicle weight of more than curbs, from the edges of the traveled roadway;
10,000 pounds, whichever is greater; or
(b) Has a gross vehicle weight rating or gross (b) The prolongation of the lateral lines of
YHKLFOHZHLJKWRISRXQGVRUPRUH a sidewalk, shoulder or both, to the sidewalk
 F,VGHVLJQHGWRWUDQVSRUWRUPRUHSHU- or shoulder on the opposite side of the street,
sons, including the driver; or if the prolongation would meet such sidewalk
RUVKRXOGHU
 G,VRIDQ\VL]HDQGLVXVHGLQWKHWUDQV-
SRUWDWLRQRIKD]DUGRXVPDWHULDOV  ,IWKHUHLVQHLWKHUVLGHZDONQRUVKRXOGHU
a crosswalk is the portion of the roadway at an
(2) Notwithstanding subsection (1) of this intersection, measuring not less than six feet
VHFWLRQWKHWHUP´FRPPHUFLDOPRWRUYHKLFOHµ in width, that would be included within the
GRHVQRWLQFOXGHWKHIROORZLQJ prolongation of the lateral lines of the side-
 D$QHPHUJHQF\ÀUHYHKLFOHEHLQJRSHUDWHG walk, shoulder or both on the opposite side of
E\ÀUHÀJKWHUVDVGHÀQHGLQ256 WKHVWUHHWRUKLJKZD\LIWKHUHZHUHDVLGHZDON
>F†@
 E(PHUJHQF\YHKLFOHVEHLQJRSHUDWHGE\
TXDOLÀHG HPHUJHQF\ VHUYLFH YROXQWHHUV DV 801.225 “Department.” ´'HSDUWPHQWµ
GHÀQHGLQ256 PHDQV WKH 'HSDUWPHQW RI 7UDQVSRUWDWLRQ
>F†@
(c) A motor home used to transport or house,
for nonbusiness purposes, the operator or the 801.230 “Director.” ´'LUHFWRUµ PHDQV
operator’s family members or personal posses- 'LUHFWRURI7UDQVSRUWDWLRQ>F†@
sions; or 801.235>F†F†
(d) A recreational vehicle that is operated F†F†F†
VROHO\IRUSHUVRQDOXVH>F† UHQXPEHUHGLQ@
F†F†F† 801.236 “Dismantler.” ´'LVPDQWOHUµ
F†F†F† means a person who is engaged in the business
F†F†@ RI
801.210 “Commercial vehicle.” “Com- (1) Buying, selling, dealing in or processing,
PHUFLDOYHKLFOHµPHDQVDYHKLFOHWKDW except for processing into scrap metal, motor
 ,VXVHGIRUWKHWUDQVSRUWDWLRQRISHUVRQV vehicles for the purpose of destroying, salvag-
IRUFRPSHQVDWLRQRUSURÀWRU ing, dismantling, disassembling, reducing to
major component parts, crushing, compacting,
 ,VGHVLJQHGRUXVHGSULPDULO\IRUWKH
WUDQVSRUWDWLRQRISURSHUW\>F†@
801.215 “Commission.” ´&RPPLVVLRQµ
means the Oregon Transportation Commis-
VLRQ>F†@
801.217 “Converter dolly.” “Converter
GROO\µ PHDQV DQ DX[LOLDU\ D[OH DVVHPEO\
HTXLSSHGZLWKDÀIWKZKHHOKLWFKDQGXVHG
WRFRQYHUWDVHPLWUDLOHUWRDIXOOWUDLOHU>
F†@
801.220 “Crosswalk.” ´&URVVZDONµPHDQV
any portion of a roadway at an intersection or
elsewhere that is distinctly indicated for pedes-
trian crossing by lines or other markings on the
surface of the roadway that conform in design
to the standards established for crosswalks
XQGHU256:KHQHYHUPDUNHGFURVV-
walks have been indicated, such crosswalks
and no other shall be deemed lawful across
VXFK URDGZD\ DW WKDW LQWHUVHFWLRQ :KHUH
no marked crosswalk exists, a crosswalk is
that portion of the roadway described in the
IROORZLQJ See Preface to Oregon Revised Statutes for
(1) Where sidewalks, shoulders or a combi-
nation thereof exists, a crosswalk is the portion
of a roadway at an intersection, not more than
20 feet in width as measured from the prolon-
gation of the lateral line of the roadway toward
the prolongation of the adjacent property line,
WKDWLVLQFOXGHGZLWKLQ ings provided for the terms under this section
(a) The connections of the lateral lines of the
sidewalks, shoulders or a combination thereof
on opposite sides of the street or highway
Title 59 Page 13
recycling or substantially altering in form; or
(2) Buying, selling, dealing in or process-
ing motor vehicle major component parts that
are stocked in the inventory of the business,
if the buying, selling, dealing in or processing
of major component parts is not part of a busi-
QHVVVHOOLQJQHZYHKLFOHVRUUHSDLULQJYHKLFOHV
>F†@
 ´'LVWULFWµGHÀQHGIRUFHUWDLQ
purposes. As used in this section and ORS

  DQG  ´GLVWULFWµ
means a mass transit or transportation dis-
trict of over 400,000 persons established under
256FKDSWHUDQGDPHWURSROLWDQVHUYLFH
district of over 400,000 persons established
XQGHU256FKDSWHU>F†D
F†G@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
IXUWKHUH[SODQDWLRQ
801.240>F†UHSHDOHGE\
F†@
801.245 “Driver license.” ´'ULYHUOLFHQVHµ
RU´OLFHQVHµPD\KDYHDQ\RUDOORIWKHPHDQ-
as required or appropriate under the section
UHIHUULQJWRWKHWHUP7KHWHUP´GULYHUOLFHQVHµ
PD\EHXVHGLQWHUFKDQJHDEO\ZLWK´OLFHQVHµ
(2015 Edition)
 OREGON VEHICLE CODE

and either term may be used in any or all of (4) Any endorsement of a license or driver
WKHIROORZLQJZD\V permit or limitations on a license or driver
 ,WPD\UHIHUWRDGRFXPHQWLVVXHGE\WKLV permit that allows a person to operate a motor
state or any other jurisdiction as evidence of a YHKLFOH>F†F†
JUDQWRIGULYLQJSULYLOHJHV F†@
 ,WPD\UHIHUWRJHQHUDOGULYLQJSULYLOHJHV 801.258 “Electric assisted bicycle.”
JUDQWHGE\WKLVVWDWHRUDQRWKHUMXULVGLFWLRQ ´(OHFWULFDVVLVWHGELF\FOHµPHDQVDYHKLFOHWKDW
>F†F†F†@  ,VGHVLJQHGWREHRSHUDWHGRQWKHJURXQG
801.250 “Driver permit.” ´'ULYHUSHUPLWµ on wheels;
means a grant of driving privileges by this (2) Has a seat or saddle for use of the rider;
state or another jurisdiction that is more
limited than those available under a license
or that is only available under special or lim-
LWHGFLUFXPVWDQFHV7KHWHUPPD\DOVRUHIHU
to a document issued as evidence of a grant
 ,VGHVLJQHGWRWUDYHOZLWKQRWPRUHWKDQ
three wheels in contact with the ground;
(4) Has both fully operative pedals for
human propulsion and an electric motor; and
RIGULYLQJSULYLOHJHVXQGHUDGULYHUSHUPLW  ,VHTXLSSHGZLWKDQHOHFWULFPRWRUWKDW
Driver permits issued by this state include the
IROORZLQJ (a) Has a power output of not more than
1,000 watts; and
(1) Applicant temporary driver permit
GHVFULEHGXQGHU256
(2) Court issued temporary driver permit
GHVFULEHGXQGHU256
(3) Disability golf cart driver permit
GHVFULEHGXQGHU256
 E,VLQFDSDEOHRISURSHOOLQJWKHYHKLFOHDW
a speed of greater than 20 miles per hour on
OHYHOJURXQG>F†F†@
801.259 “Electric personal assistive
mobility device.” ´(OHFWULFSHUVRQDODVVLV-
WLYHPRELOLW\GHYLFHµPHDQVDGHYLFHWKDW
 (PHUJHQF\GULYHUSHUPLWGHVFULEHGXQGHU   ,V VHOIEDODQFLQJ RQ WZR QRQWDQGHP
256 wheels;
  ,QVWUXFWLRQ GULYHU SHUPLW GHVFULEHG  ,VGHVLJQHGWRWUDQVSRUWRQHSHUVRQLQD
XQGHU256 standing position;
 +DUGVKLSGULYHUSHUPLWGHVFULEHGXQGHU
256
(7) Probationary driver permit described
XQGHU256
(8) Special student driver permit described
XQGHU256
(9) Special temporary instruction driver
SHUPLWGHVFULEHGXQGHU256
(3) Has an electric propulsion system; and
(4) Has a maximum speed of 15 miles per
KRXU>F†@
801.260 “Emergency vehicle.” ´(PHU-
JHQF\YHKLFOHµPHDQVDYHKLFOHWKDWLVHTXLSSHG
with lights and sirens as required under ORS
DQGDQGWKDWLVDQ\RIWKH
IROORZLQJ
(10) Court bail driver permit described
XQGHU256
(11) Temporary driver permit described
XQGHU256
(12) Commercial learner driver permit
GHVFULEHGXQGHU256>F
†F†F†F
†F†@
801.255 “Driving privilege.” “Driving
SULYLOHJHµPHDQVWKHJUDQWRIDXWKRULW\E\D
jurisdiction to a person that allows that person
to drive a vehicle on highways within that
MXULVGLFWLRQ'ULYLQJSULYLOHJHVJUDQWDXWKRU-
LW\WRDSHUVRQQRWWRDYHKLFOH7KHGULYLQJ
privilege includes any such grant of authority
whether or not documents are issued as evi-
GHQFHRIWKHDXWKRULW\,QWKLVVWDWHGULYLQJ
SULYLOHJHVPD\EHJUDQWHGXQGHU E\256>F†@
 2SHUDWHGE\SXEOLFSROLFHÀUHRUDLUSRUW
VHFXULW\DJHQFLHV
(2) Designated as an emergency vehicle by
DIHGHUDODJHQF\
(3) Designated as an emergency vehicle by
WKH'LUHFWRURI7UDQVSRUWDWLRQ>F
†F†@
801.261 “Endorsement.” µ(QGRUVHPHQWµ
when used in relation to driving privileges,
means a grant of driving privileges, or the evi-
dence thereof, to a person who holds a license,
or in some instances a driver permit, allow-
ing the person to exercise driving privileges
that are not granted by the license or driver
SHUPLW7KHW\SHVRIHQGRUVHPHQWVJUDQWHGE\
this state and the driving privileges granted
under each type of endorsement are established
 $OLFHQVHDVGHÀQHGXQGHU256 801.263 “Engine brake.”  ´(QJLQH
DQG EUDNHµ PHDQV D GHYLFH WKDW FRQYHUWV D
power-producing diesel engine into a pow-
(2) Driver permits as described in ORS er-absorbing air compressor, resulting in a
 QHWHQHUJ\ORVV
(3) The driving privileges established under  ´8QPXIÁHGHQJLQHEUDNHµPHDQVDQ
256 engine brake that is not equipped with a muf-
ÁHULQJRRGZRUNLQJRUGHU>F†@

Title 59 Page 14 (2015 Edition)

 *(1(5$/3529,6,216$1''(),1,7,216  

801.265 “Farm tractor.” ´)DUPWUDFWRUµ  ,WLVDYHKLFOHWKDWPD\LQFOXGHEXWLV

means a motor vehicle designed and used pri- QRWOLPLWHGWRWKHIROORZLQJYHKLFOHV
marily in agricultural operations for drawing (a) Air compressors, air drills, asphalt
or operating other farm machines, equipment plants, asphalt spreaders, bituminous plants,
DQGLPSOHPHQWVRIKXVEDQGU\>F†@ bituminous mixers, bituminous spreaders and
801.270 “Farm trailer.” ´)DUPWUDLOHUµ bucket loaders;
PHDQVDYHKLFOHWKDW (b) Cement batch plants, cement mixers
 ,VZLWKRXWPRWLYHSRZHU other than transit mix, cement spreaders, car-
 ,VDYHKLFOHRWKHUWKDQDQLPSOHPHQWRI ryalls, crawler cranes, crushers and crushing
husbandry; plants, diggers and ditchers, power units and
plants;
 ,VGHVLJQHGWRFDUU\SURSHUW\DQG
 F (DUWKPRYLQJ VFUDSHUV HOHFWULF JHQ-
 ,VGUDZQE\DIDUPWUDFWRU>F
†@
801.272 “Field sobriety test.” “Field
VREULHW\WHVWµPHDQVDSK\VLFDORUPHQWDOWHVW
approved by the Department of State Police
by rule after consultation with the Depart-
ment of Public Safety Standards and Training,
WKDWHQDEOHVDSROLFHRIÀFHURUWULHURIIDFWWR
screen for or detect probable impairment from
intoxicating liquor, a controlled substance, an
inhalant or any combination of intoxicating
OLTXRUDQLQKDODQWDQGDFRQWUROOHGVXEVWDQFH
>F†F†F†@
801.275 “Fifth wheel hitch.” “Fifth wheel
KLWFKµPHDQVDFRXSOLQJGHYLFHIRUYHKLFOHVWKDW
LVFRPPRQO\NQRZQDVDNLQJSLQDQGÀIWK
ZKHHODVVHPEO\>F†@
801.280 “Financial responsibility
requirements.” “Financial responsibility
UHTXLUHPHQWVµPHDQVWKHDELOLW\WRUHVSRQG
in damages for liability, on account of accidents
arising out of the ownership, operation, main-
tenance or use of a motor vehicle in a manner
SURYLGHGXQGHU256>F†
F†@
801.285 “Fixed load vehicle.” “Fixed load
erating equipment, electric load-bank and
wiring equipment, front-end loaders, leveling
graders, lighting plants and portable wiring,
motor graders, payloaders, power hoists, road
graders, scoopmobiles, skip hoists, stackers
and hoists;
(d) Athey wheels, backhoes, bituminous and
FHPHQWSDYHPHQWÀQLVKHUVGUDJOLQHVIRUN
lift trucks, log loaders, mixmobiles, portable
bins, portable parts and storage bins, portable
shops, portable storage tanks, power shovels,
road rollers, sheepsfoot rollers and paving
mixers, towermobiles, welders, yarders;
(e) Bituminous and cement finishing
PDFKLQHVHOHYDWRUHTXLSPHQWVFDULÀHUVDQG
rooters, traction engines, vibro screens and
rotary screens, wheeled and crawler tractors
other than truck tractors; and
(f) Apron feeders, grain grinders, grain roll-
HUVVDQGFODVVLÀHUVDQGGUDJVVDZPLOOVDQG
special construction equipment, scrap metal
EDOHUVVFUXEEHUVFUHHQVDQGSODWHIHHGHUV
>F†F†F†
F†@
801.288 “Funeral escort vehicle”;
“funeral lead vehicle”; “funeral proces-
YHKLFOHµPHDQVDOORIWKHIROORZLQJDSSO\WRWKH sion.” ´)XQHUDOHVFRUWYHKLFOHµPHDQVDQ\
YHKLFOH two-wheel or three-wheel vehicle that is accom-
 ,WLVDYHKLFOHZLWKRUZLWKRXWPRWLYH panying a funeral procession and is properly
SRZHUWKDWLVGHVLJQHGDQGXVHGSULPDULO\ HTXLSSHGXQGHU256
(a) To support and move a permanent load  ´)XQHUDOOHDGYHKLFOHµPHDQVDQ\YHKLFOH
in the form of equipment or appliances con- WKDWLVSURSHUO\HTXLSSHGXQGHU256
structed as part of or permanently attached and is used to lead and facilitate the movement
to the body of the vehicle; RIDIXQHUDOSURFHVVLRQ
(b) For transportation of equipment or
appliances that are ordinarily kept on or in
the vehicle in order that the vehicle may be
used for its primary purpose; and
 ´)XQHUDOSURFHVVLRQµPHDQVWZRRUPRUH
vehicles, including any funeral lead vehicle
or funeral escort vehicle, accompanying the
ERG\RUFUHPDWHGUHPDLQVRIDGHFHDVHGSHUVRQ
>F††@
 F([FHSWIRUWKHWUDQVSRUWDWLRQRISHUPD-
nent load, appliances and equipment described
in paragraphs (a) and (b) of this subsection, for
purposes other than for the transportation of
persons or property over public highways or
VWUHHWV
 ´)XWXUHUHVSRQVLELOLW\ÀOLQJµ
´)XWXUH UHVSRQVLELOLW\ ILOLQJµ PHDQV WKH
UHTXLUHPHQWGHVFULEHGXQGHU256
WRÀOHDQGPDLQWDLQSURRIRIFRPSOLDQFHZLWK
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVZLWKWKH
'HSDUWPHQWRI7UDQVSRUWDWLRQ>F
 ,WLVDYHKLFOHRWKHUWKDQWKHIROORZLQJ †@
 D$WUDYHOWUDLOHU 801.295 “Golf cart.” ´*ROIFDUWµPHDQVD
(b) A tow vehicle, including a tow vehicle PRWRUYHKLFOHWKDW
ZLWKFUDQHVKRLVWVRUGROOLHV (1) Has not less than three wheels in contact
 F$WUXFNPRXQWHGWUDQVLWPL[HU with the ground;
 G$VHOISURSHOOHGPRELOHFUDQH (2) Has an unloaded weight less than 1,300
pounds;

Title 59 Page 15 (2015 Edition)

 OREGON VEHICLE CODE

 ,VGHVLJQHGWREHDQGLVRSHUDWHGDWQRW 801.317 “Inhalant.” ´,QKDODQWµPHDQVDQ\

more than 15 miles per hour; and glue, paint, cement or other substance that is
 ,VGHVLJQHGWRFDUU\JROIHTXLSPHQWDQG capable of causing intoxication and that con-
not more than two persons, including the tains one or more of the following chemical
GULYHU>F†@ FRPSRXQGV
801.297 “Gross combination weight (1) Acetone;
rating.” ´*URVVFRPELQDWLRQZHLJKWUDWLQJµ (2) Amyl acetate;
means the gross vehicle weight rating of the (3) Benzol or benzene;
power unit of a vehicle plus the gross vehicle
ZHLJKWUDWLQJRIDQ\WRZHGXQLW>F (4) Butane;
†@ (5) Butyl acetate;
801.298 “Gross vehicle weight rating.”  %XW\ODOFRKRO
´*URVVYHKLFOHZHLJKWUDWLQJµPHDQVWKHYDOXH
VSHFLÀHGE\WKHPDQXIDFWXUHUDVWKHPD[LPXP (7) Carbon tetrachloride;
loaded weight of a single or a combination vehi- (8) Chloroform;
FOH>F†F†@
(9) Cyclohexanone;
801.300 “Group of axles.” ´*URXSRID[OHVµ
means an assemblage of two or more consecu-  'LÁXRURHWKDQH
tive axles considered together in determining  (WKDQRORUHWK\ODOFRKRO
their combined load effect on a bridge or pave-
PHQWVWUXFWXUH>F†F†@  (WK\ODFHWDWH
801.303 “Hazardous materials.” “Haz- (13) Hexane;
DUGRXVPDWHULDOVµKDVWKHPHDQLQJJLYHQWKDW  ,VRSURSDQRORULVRSURS\ODOFRKRO
WHUPLQ&)5DVLQHIIHFWRQ-DQXDU\
>F†F†  ,VRSURS\ODFHWDWH
F†@  0HWK\OFHOORVROYHDFHWDWH
801.305 “Highway.” ´+LJKZD\µPHDQV (17) Methyl ethyl ketone;
every public way, road, street, thoroughfare
and place, including bridges, viaducts and (18) Methyl isobutyl ketone;
other structures within the boundaries of this (19) Nitrous oxide;
state, open, used or intended for use of the gen-
HUDOSXEOLFIRUYHKLFOHVRUYHKLFXODUWUDIÀFDV (20) Toluol or toluene;
DPDWWHURIULJKW (21) Trichloroethylene;
  )RU WKH SXUSRVH RI HQIRUFLQJ WUDIÀF
offenses contained in the Oregon Vehicle Code,
H[FHSWIRU256´KLJKZD\µLQFOXGHV
premises open to the public that are owned by
a homeowners association and whose bound-
aries are contained within a service district
established on or before July 1, 2002, under
256WR>F†
F†@
801.307 > F †  F †
UHSHDOHGE\F†@
(22) Tricresyl phosphate;
(23) Xylol or xylene; or
(24) Any other solvent, material, substance,
chemical or combination thereof having the
SURSHUW\RIUHOHDVLQJWR[LFYDSRUVRUIXPHV
>F†@
801.320 “Intersection.” ´,QWHUVHFWLRQµ
means the area of a roadway created when two
or more roadways join together at any angle,
DVGHVFULEHGLQRQHRIWKHIROORZLQJ
801.308 “Identity source documents.”
´,GHQWLW\VRXUFHGRFXPHQWVµPHDQVGRFXPHQWV
required for the issuance, renewal or replace-
ment of a driver license, a driver permit or
DQLGHQWLÀFDWLRQFDUGE\WKH'HSDUWPHQWRI
 ,IWKHURDGZD\VKDYHFXUEVWKHLQWHU-
section is the area embraced within the
prolongation or connection of the lateral curb
OLQHV
7UDQVSRUWDWLRQ>F†@
801.310 “Implement of husbandry.”
´,PSOHPHQWRIKXVEDQGU\µPHDQVDYHKLFOHRU
device used exclusively in agricultural oper-
DWLRQV7UXFNWUDLOHUVZLWKDORDGHGZHLJKW
of more than 8,000 pounds, motor vehicles,
bus trailers, manufactured dwellings, prefab-
ricated structures and recreational vehicles
greater than eight and one-half feet in width
and travel trailers are not implements of hus-
bandry unless limited by design to agricultural
XVHV>F†F†F
†F†F†F
†@
801.315 [1985 c.608 §3; 1989 c.636 §9;
repealed by 2003 c.14 §459]
Title 59 3DJH
 ,IWKHURDGZD\VGRQRWKDYHFXUEVWKH
intersection is the area embraced within the
prolongation or connection of the lateral bound-
DU\OLQHVRIWKHURDGZD\V
(3) The junction of an alley with a roadway
GRHVQRWFRQVWLWXWHDQLQWHUVHFWLRQ
(4) Where a highway includes two roadways
30 feet or more apart, then every crossing of
each roadway of the divided highway by an
intersection highway is a separate intersec-
WLRQ,QWKHHYHQWWKHLQWHUVHFWLRQKLJKZD\DOVR
includes two roadways 30 feet or more apart,
then every crossing of two roadways of such
KLJKZD\VLVDVHSDUDWHLQWHUVHFWLRQ>
F†@
(2015 Edition)
 *(1(5$/3529,6,216$1''(),1,7,216  

801.323 “Issue”; “issuance.” ´,VVXHµRU WRFXELFFHQWLPHWHUVUHJDUGOHVVRIWKH

´LVVXDQFHµ ZKHQ XVHG LQ UHODWLRQ WR WLWOH QXPEHURIFKDPEHUVLQWKHSRZHUVRXUFH
means either the creation of a record of title  ,WLVHTXLSSHGZLWKDSRZHUGULYHV\VWHP
IRUDYHKLFOHRUSK\VLFDOGHOLYHU\RIDFHUWLÀFDWH that functions directly or automatically only
RIWLWOHWRDSHUVRQRUERWK>F†@ and does not require clutching or shifting by
801.325 “Limited visibility condition.” WKHRSHUDWRUDIWHUWKHV\VWHPLVHQJDJHG>
´/LPLWHGYLVLELOLW\FRQGLWLRQµPHDQV F†F†F†
(1) Any time from sunset to sunrise; and F†@
 $Q\RWKHUWLPHZKHQGXHWRLQVXIÀFLHQW 801.348 “Motor assisted scooter.” “Motor
light or unfavorable atmospheric conditions, DVVLVWHGVFRRWHUµPHDQVDYHKLFOHWKDW
persons and vehicles are not clearly discernible
on a straight, level, unlighted highway at a
GLVWDQFHRIIHHWDKHDG>F†
F†@
801.330 “Loaded weight.” “Loaded
ZHLJKWµPHDQVWKHZHLJKWWUDQVPLWWHGWRWKH
road, through an axle or set of axles, when the
 ,VGHVLJQHGWREHRSHUDWHGRQWKHJURXQG
with not more than three wheels;
(2) Has handlebars and a foot support or
seat for the operator’s use;
(3) Can be propelled by motor or human
propulsion; and
YHKLFOHLVIXOO\ORDGHG>F†
F†@
801.331 “Low-speed vehicle.” “Low-speed
YHKLFOHµPHDQVDIRXUZKHHOHGPRWRUYHKLFOH
 ,VHTXLSSHGZLWKDSRZHUVRXUFHWKDWLV
incapable of propelling the vehicle at a speed of
greater than 24 miles per hour on level ground
DQG
with a top speed of more than 20 miles per hour
EXWQRWPRUHWKDQPLOHVSHUKRXU>
F†@
801.332>F†UHSHDOHGE\
 D ,I WKH SRZHU VRXUFH LV D FRPEXVWLRQ
engine, has a piston or rotor displacement of
35 cubic centimeters or less regardless of the
number of chambers in the power source; or
F†@
801.333 “Manufactured structure.”
´0DQXIDFWXUHGVWUXFWXUHµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256>F
†F†@
 E,IWKHSRZHUVRXUFHLVHOHFWULFKDVD
SRZHURXWSXWRIQRWPRUHWKDQZDWWV
>F†@
801.350 “Motor home.” ´0RWRU KRPHµ
PHDQVDPRWRUYHKLFOHWKDW
801.335 “Manufacturer.” µ0DQXIDFWXUHUµ
means any person engaged in the manufacture
RIQHZYHKLFOHVDVDUHJXODUEXVLQHVV>
F†@
801.340>F†F†
UHSHDOHGE\F†@
801.341 “Medium-speed electric vehi-
cle.” ´0HGLXPVSHHGHOHFWULFYHKLFOHµPHDQV
an electric motor vehicle with four wheels that
is equipped with a roll cage or a crushproof
body design, can attain a maximum speed of
35 miles per hour on a paved, level surface,
is fully enclosed and has at least one door for
HQWU\>F†@
801.345 “Moped.” ´0RSHGµPHDQVDYHKL-
cle, including any bicycle equipped with a
power source, other than an electric assisted
ELF\FOHDVGHÀQHGLQ256RUDPRWRU
DVVLVWHGVFRRWHUDVGHÀQHGLQ256
 ,VUHFRQVWUXFWHGSHUPDQHQWO\DOWHUHG
or originally designed to provide facilities for
human habitation; or
(2) Has a structure permanently attached
to it that would be a camper if the structure
was not permanently attached to the motor
YHKLFOH>F†@
801.355 “Motor truck.” ´0RWRUWUXFNµ
means a motor vehicle that is primarily
designed or used for carrying loads other than
SDVVHQJHUV>F†@
 ´0RWRUYHKLFOHµ´0RWRUYHKLFOHµ
means a vehicle that is self-propelled or
GHVLJQHGIRUVHOISURSXOVLRQ>F†@
801.365 “Motorcycle.” ´0RWRUF\FOHµPHDQV
any self-propelled vehicle other than a moped
RUIDUPWUDFWRUWKDW
(1) Has a seat or saddle for use of the rider;
WKDWFRPSOLHVZLWKDOORIWKHIROORZLQJ  ,VGHVLJQHGWREHRSHUDWHGRQWKHJURXQG
  ,W LV GHVLJQHG WR EH RSHUDWHG RQ WKH upon wheels; and
JURXQGXSRQZKHHOV  ,VGHVLJQHGWRWUDYHOZLWKQRWPRUHWKDQ
 ,WKDVDVHDWRUVDGGOHIRUXVHRIWKHULGHU WKUHHZKHHOVLQFRQWDFWZLWKWKHJURXQG>
F†@
 ,WLVGHVLJQHGWRWUDYHOZLWKQRWPRUH
WKDQWKUHHZKHHOVLQFRQWDFWZLWKWKHJURXQG 801.366 “Motorcycle helmet.” “Motorcy-
FOHKHOPHWµPHDQVDSURWHFWLYHFRYHULQJIRUWKH
 ,WLVHTXLSSHGZLWKDQLQGHSHQGHQWSRZHU head consisting of a hard outer shell, padding
VRXUFHWKDW adjacent to and inside the outer shell and a
 D,VFDSDEOHRISURSHOOLQJWKHYHKLFOHXQDV- chin-strap type retention system with a sticker
sisted, at a speed of not more than 30 miles indicating that the motorcycle helmet meets
per hour on a level road surface; and standards established by the United States
'HSDUWPHQWRI7UDQVSRUWDWLRQ>F†@
 E ,I WKH SRZHU VRXUFH LV D FRPEXVWLRQ
engine, has a piston or rotor displacement of

Title 59 Page 17 (2015 Edition)

 OREGON VEHICLE CODE

801.368 “Narrow residential roadway.” 801.390 “Pole trailer.” ´3ROHWUDLOHUµPHDQV

´1DUURZUHVLGHQWLDOURDGZD\µPHDQVDWZR a trailer attached or secured to the towing vehi-
ZD\URDGZD\WKDWLV cle and ordinarily used for transporting long
(1) Located in a residence district; and or irregular loads capable generally of sustain-
ing themselves as beams between the towing
(2) Not more than 18 feet wide at any point YHKLFOHDQGWKHWUDLOHU7KHGHÀQLWLRQLQWKLV
between two intersections or between an inter- section is based on design features and, except
VHFWLRQDQGWKHHQGRIWKHURDGZD\>F as otherwise provided in this section, does not
†@ SURKLELWDSROHWUDLOHUIURPÀWWLQJLQWRDQRWKHU
801.370 “Operation.” ´2SHUDWLRQµPHDQV FDWHJRU\RIWUDLOHUEDVHGRQXVH>F
any operation, towing, pushing, movement or †@
RWKHUZLVHSURSHOOLQJ>F†@  ´3ROLFHRIÀFHUµ´3ROLFHRIÀFHUµ
801.375 “Owner.” ´2ZQHUµZKHQUHIHUULQJ includes a member of the Oregon State Police,
WRWKHRZQHURIDYHKLFOHPHDQV DVKHULIIDGHSXW\VKHULIIDFLW\SROLFHRIÀFHU
DQDXWKRUL]HGWULEDOSROLFHRIÀFHUDVGHÀQHG
(1) The person in whose name title to a vehi- LQ256$DSROLFHRIÀFHUFRPPLV-
cle is issued, and who is entitled to possession VLRQHGE\DXQLYHUVLW\XQGHU256
DQGXVHRIWKHYHKLFOH RUD3RUWRI3RUWODQGSHDFHRIÀFHU
 ,IWKHWLWOHDQGULJKWWRSRVVHVVLRQDQG DUHVHUYHRIÀFHUDVGHÀQHGLQ256RU
XVHIRUDYHKLFOHDUHLQGLIIHUHQWSHUVRQV DODZHQIRUFHPHQWRIÀFHUHPSOR\HGE\DVHU-
YLFHGLVWULFWHVWDEOLVKHGXQGHU256
(a) The person, other than a security interest WRIRUWKHSXUSRVHRIODZHQIRUFHPHQW
holder, who is entitled to the possession and VHUYLFHV>F†F†
XVHRIWKHYHKLFOHXQGHUDVHFXULW\DJUHHPHQW F†F†F†
(b) The lessor or lessee of a vehicle, as desig- F††F††F
nated by the lessor on the application for title, †@
if the lessee is entitled to possession and use 801.397 “Prefabricated structure.” “Pre-
RIWKHYHKLFOHXQGHUDOHDVHDJUHHPHQW> IDEULFDWHGVWUXFWXUHµKDVWKHPHDQLQJJLYHQ
F†F†F†@ WKDWWHUPLQ256>F†
801.377 “Ownership record.” “Ownership F†@
UHFRUGµPHDQV 801.400 “Premises open to the public.”
(1) A primary ownership record; or ´3UHPLVHVRSHQWRWKHSXEOLFµLQFOXGHVDQ\
premises open to the general public for the
 $WUDQVLWLRQDORZQHUVKLSUHFRUG>
F†F†@
801.380 “Park” or “parking.” ´3DUNµRU
´SDUNLQJµPHDQVWKHVWDQGLQJRIDYHKLFOH
whether occupied or not, otherwise than tem-
porarily for the purpose of and while actually
engaged in loading or unloading property or
use of motor vehicles, whether the premises
are publicly or privately owned and whether or
QRWDIHHLVFKDUJHGIRUWKHXVHRIWKHSUHPLVHV
>F†@
801.402 “Primary ownership record.”
´3ULPDU\RZQHUVKLSUHFRUGµPHDQV
SDVVHQJHUV>F†@
801.385 “Pedestrian.” ´3HGHVWULDQµPHDQV
DQ\SHUVRQDIRRWRUFRQÀQHGLQDZKHHOFKDLU
>F†@
801.387 “Person with a disability.”
´3HUVRQZLWKDGLVDELOLW\µPHDQV (3) Any other record determined by the
(1) A person who has severely limited mobil-
ity because of paralysis or the loss of use of
some or all of the person’s legs or arms;
(2) A person who is affected by loss of vision
or substantial loss of visual acuity or visual
ÀHOGEH\RQGFRUUHFWLRQRU
(3) A person who has any other disability
 7KHPDQXIDFWXUHU·VFHUWLÀFDWHRIRULJLQ
or equivalent record as determined by the
Department of Transportation by rule;
(2) The current title issued for the vehicle by
the State of Oregon or another jurisdiction; or
department by rule to be a primary ownership
UHFRUG>F†F†@
801.403>F†UHQXPEHUHG
LQ@
801.404 “Racing activity vehicle.”
´5DFLQJDFWLYLW\YHKLFOHµPHDQVDPRWRUYHKL-
FOHWKDW
that prevents the person from walking without  ,VSULPDULO\XVHGIRUUDFLQJRQDUDFH
the use of an assistive device or that causes the WUDFNDQGWKDWKDV
person to be unable to walk more than 200 feet, (a) A bodiless tubular steel chassis that
LQFOXGLQJEXWQRWQHFHVVDULO\OLPLWHGWR forms the main structural component of the
(a) Chronic heart condition; vehicle;
 E(PSK\VHPD (b) High side rails;
(c) Arthritis;  F,QWHJUDOIURQWDQGUHDUUROORYHUWXEHV
(d) Rheumatism; or (d) A suspension with both front and rear
double unequal length wishbones and inboard,
(e) Ulcerative colitis or related chronic bowel pushrod operated dampers; and
GLVRUGHU>)RUPHUO\@

Title 59 Page 18 (2015 Edition)

 *(1(5$/3529,6,216$1''(),1,7,216  

 H$SURGXFWLGHQWLÀFDWLRQQXPEHULQVWHDG 801.430 “Residence district.” “Residence

RIDYHKLFOHLGHQWLÀFDWLRQQXPEHUDQG GLVWULFWµPHDQVWHUULWRU\QRWFRPSULVLQJDEXVL-
 ,VQRWDUHSOLFDRUDQDVVHPEOHGYHKLFOH
>F†@
801.405>F†F†
UHQXPEHUHGLQ@
 ´5DLOÀ[HGJXLGHZD\V\VWHPµ
´5DLOÀ[HGJXLGHZD\V\VWHPµPHDQVDQ\OLJKW
heavy or rapid rail system, monorail, inclined
plane, funicular, trolley, streetcar or auto-
mated guideway used primarily for carrying
SDVVHQJHUV>)RUPHUO\@
801.407>F†UHQXPEHUHG
LQ@
801.408 “Reconstructed vehicle.”
´5HFRQVWUXFWHGYHKLFOHµPHDQVHLWKHU with new driving privileges or vehicle reg-
ness district that is contiguous to a highway
WKDW
(1) Has access to property occupied primar-
ily by multifamily dwellings; or
(2) Has an average of 150 feet or less
EHWZHHQDFFHVVHVRUDSSURDFKHVWR
(a) Dwellings, churches, public parks within
cities or other residential service facilities; or
(b) Dwellings and buildings used for busi-
QHVV>F†F†@
801.435 “Revoked.” ´5HYRNHGµZLWKUHIHU-
ence to driving privileges, vehicle registration
or vehicle title means the termination thereof
 $YHKLFOHWKDW istration or vehicle title obtainable only as
SHUPLWWHGE\ODZ>F†@
(a) Has a body that resembles and primarily
is a particular year model or make of vehicle; 801.440 “Right of way.” ´5LJKWRIZD\µ
means the right of one vehicle or pedestrian
 E,VQRWDYHKLFOHUHEXLOWE\DPDQXIDFWXUHU to proceed in a lawful manner in preference
 F,VQRWDYHKLFOHEXLOWLQDIDFWRU\ZKHUH to another vehicle or pedestrian approaching
the year model and make are assigned at the under such circumstances of direction, speed
factory; and and proximity as to give rise to danger of colli-
VLRQXQOHVVRQHJUDQWVSUHFHGHQFHWRWKHRWKHU
 G,VQRWDUHSOLFDRU
(2) A motor truck that has been rebuilt using
a component kit if the manufacturer of the kit
DVVLJQVDYHKLFOHLGHQWLÀFDWLRQQXPEHUDQG
SURYLGHVDPDQXIDFWXUHU·VFHUWLÀFDWHRIRULJLQ
IRUWKHNLW>)RUPHUO\@
801.409 “Recreational vehicle.” “Recre-
DWLRQDOYHKLFOHµKDVWKHPHDQLQJJLYHQLQ256
>)RUPHUO\@
801.410 “Registration” or “register.”
´5HJLVWUDWLRQµRU´UHJLVWHUµPHDQVZKHQXVHG
in reference to vehicles, the recording of a vehi-
cle as authorized for use within a jurisdiction
and includes any documentation or devices
LVVXHGDVHYLGHQFHRIWKDWDXWKRUL]DWLRQ7KLV
state registers vehicles as provided under ORS
>F†@
801.415 “Registration plate.” “Reg-
LVWUDWLRQ SODWHµ PHDQV D SODWH LVVXHG E\ D
MXULVGLFWLRQDVHYLGHQFHRIYHKLFOHUHJLVWUDWLRQ
This state issues registration plates under ORS
>F†F†@
801.420 “Registration weight.” “Regis-
WUDWLRQZHLJKWµPHDQVWKHFRPELQHGZHLJKWRU
the loaded weight required to be declared and
established as the maximum combined weight
or loaded weight at which certain vehicles will
EHRSHUDWHGRQWKHKLJKZD\9HKLFOHVIRUZKLFK
registration weights must be declared and
established and the procedures for establish-
ing registration weights are described under
256>F†F†
F†F†F†@
801.425 “Replica.” ´5HSOLFDµZKHQXVHG
to refer to vehicles, means a vehicle with a
body built to resemble and be a reproduction
of another vehicle of a given year and given
PDQXIDFWXUHU>F†@
Title 59 Page 19
>F†@
801.445 “Road authority.” “Road author-
LW\µPHDQVWKHERG\DXWKRUL]HGWRH[HUFLVH
authority over a road, highway, street or alley
XQGHU256>F†@
801.447 “Road machinery.” “Road
PDFKLQHU\µPHDQVPDFKLQHU\XVHGWRPDLQ-
tain a highway or alley and includes, but is not
limited to, a backhoe, chip spreader, excavator,
forklift, front-end loader, mower, road grader,
VQRZEORZHUDQGXWLOLW\WUDFWRU>F†@
801.450 “Roadway.” ´5RDGZD\µPHDQVWKH
portion of a highway that is improved, designed
or ordinarily used for vehicular travel, exclu-
VLYHRIWKHVKRXOGHU,QWKHHYHQWDKLJKZD\
includes two or more separate roadways the
WHUP´URDGZD\µVKDOOUHIHUWRDQ\VXFKURDG-
way separately, but not to all such roadways
FROOHFWLYHO\>F†@
801.451 “Roundabout.” ´5RXQGDERXWµ
means an intersection characterized by a cir-
culatory roadway, channelized approaches and
\LHOGFRQWURORIHQWHULQJWUDIÀF$URXQGDERXW
encompasses the area bounded by the outer-
most curb line or, if there is no curb, the edge
of the pavement, and includes crosswalks on
DQ\HQWHULQJRUH[LWLQJURDGZD\>F
†@
801.453>F†UHSHDOHGE\
F†@
801.454 “Salvage title certificate.”
´6DOYDJHWLWOHFHUWLÀFDWHµPHDQVDGRFXPHQW
issued by this state under the provisions of
256DVHYLGHQFHRIYHKLFOHRZQHUVKLS
Unless the context clearly requires otherwise,
DVDOYDJHWLWOHFHUWLÀFDWHLVQRWD´FHUWLÀFDWHRI
WLWOHµIRUSXUSRVHVRIWKH2UHJRQ9HKLFOH&RGH
or the rules of the Department of Transporta-
WLRQ>F†@
(2015 Edition)
 OREGON VEHICLE CODE

801.455 “School activity vehicle.” “School program located in a building currently or pre-
DFWLYLW\YHKLFOHµPHDQVDYHKLFOHRWKHUWKDQD YLRXVO\RZQHGE\DVFKRROGLVWULFWDVGHÀQHGLQ
school bus, that is used to transport students 256>F†F†@
to or from authorized school activities and that 801.465 “Security interest.” “Secu-
LVQRWGHVFULEHGE\DQ\RIWKHIROORZLQJ ULW\LQWHUHVWµPHDQVDQLQWHUHVWLQDYHKLFOH
 $YHKLFOHVXEMHFWWR256RUD reserved or created by agreement and which
vehicle under regulation of the United States secures payment or performance of an obli-
'HSDUWPHQWRI7UDQVSRUWDWLRQ JDWLRQDVPRUHSDUWLFXODUO\GHÀQHGE\256
(2) A vehicle, commonly known as a private
passenger car or private passenger van, that is
used by the owner of the vehicle or a relative of
the owner of the vehicle for personal transpor-
tation of students to or from school activities
and is not used for compensation except for the
sharing of expenses in a ridesharing arrange-
PHQWRUUHLPEXUVHPHQWRIPLOHDJH
(3) A vehicle that is exempted from regu-
lation as a school activity vehicle under ORS
>F†F†
F†@
801.460 “School bus.” ´6FKRROEXVµPHDQV
a motor vehicle that is described by any of the
IROORZLQJ weight of the trailer and part of the weight
(1) A vehicle that is marked with or displays
WKHZRUGV´VFKRROEXVµ
(2) A vehicle that is used to transport stu-
dents to or from school and may be used to
transport students to or from authorized school
activities or functions and that is not a vehicle
GHVFULEHGE\DQ\RIWKHIROORZLQJ †@
(a) A vehicle subject to regulation under ORS
FKDSWHU
(b) A vehicle regulated by a city under ORS

(c) A vehicle, commonly known as a private
passenger car or private passenger van, that
is used by the owner of the vehicle or a rela-
tive of the owner of the vehicle for personal
transportation of students to or from school
or school activities and is not used for compen-
sation except for the sharing of expenses in a
ridesharing arrangement or reimbursement of
PLOHDJH
(d) A vehicle that is exempted from regula-
WLRQDVDVFKRROEXVXQGHU256>
F†F†F†@
LL>F†F†
F†@
801.470 “Self-supporting trailer.”
´6HOIVXSSRUWLQJWUDLOHUµPHDQVDWUDLOHURWKHU
than a pole trailer, designed so that no part
of the weight of the trailer or the weight of
any load on the trailer rests upon the towing
YHKLFOH7KHGHÀQLWLRQLQWKLVVHFWLRQLVEDVHG
on design and, except as otherwise provided in
this section, does not prohibit a self-supporting
WUDLOHUIURPÀWWLQJLQWRDQRWKHUFDWHJRU\RI
WUDLOHUEDVHGRQXVH>F†@
801.475 “Semitrailer.” ´6HPLWUDLOHUµ
means a trailer designed so that part of the
of any load on the trailer rests upon or is car-
ried by another vehicle and coupled to another
YHKLFOHE\DÀIWKZKHHOKLWFK7KHGHÀQLWLRQ
in this section is based on design and, except
as otherwise provided in this section, does not
SURKLELWDVHPLWUDLOHUIURPÀWWLQJLQWRDQRWKHU
FDWHJRU\RIWUDLOHUEDVHGRQXVH>F
801.477 > F †  F †
F†F†F
†F†F†UHSHDOHGE\
F†@
801.480 “Shoulder.” ´6KRXOGHUµPHDQV
the portion of a highway, whether paved or
unpaved, contiguous to the roadway that is
primarily for use by pedestrians, for the accom-
modation of stopped vehicles, for emergency
use and for lateral support of base and surface
FRXUVHV>F†@
801.485 “Sidewalk.” ´6LGHZDONµPHDQVWKH
DUHDGHWHUPLQHGDVIROORZV
(1) On the side of a highway which has a
shoulder, a sidewalk is that portion of the
highway between the outside lateral line of
the shoulder and the adjacent property line
801.462 “School zone.” ´6FKRRO]RQHµ FDSDEOHRIEHLQJXVHGE\DSHGHVWULDQ
PHDQVERWKRIWKHIROORZLQJ
(2) On the side of a highway which has no
 D$VSHFLÀFVHJPHQWRIKLJKZD\WKDWLV
adjacent to school grounds and that is marked
by signs described in subsection (2) of this
VHFWLRQ
(b) A crosswalk that is not adjacent to school
grounds and that is marked by signs described
shoulder, a sidewalk is that portion of the high-
way between the lateral line of the roadway
and the adjacent property line capable of being
XVHGE\DSHGHVWULDQ>F†@
801.490 “Snowmobile.” ´6QRZPRELOHµ
PHDQVDVHOISURSHOOHGYHKLFOHWKDW
LQVXEVHFWLRQRIWKLVVHFWLRQ
(2) Signs marking a school zone may include
any words, symbols or combination of words
and symbols that gives notice of the presence
RIWKHVFKRRO]RQH
 ,VFDSDEOHRIWUDYHOLQJRYHUVQRZRULFH
(2) Uses as its means of propulsion an end-
less belt tread or cleats or any combination of
tread and cleats or similar means of contact
with the surface upon which it is operated;
 $VXVHGLQWKLVVHFWLRQ´VFKRROµPHDQVD
public or private educational institution for one  ,VVWHHUHGZKROO\RULQSDUWE\VNLVRU
or more levels kindergarten through grade 12 sled-type runners; and
or a publicly funded early childhood education

Title 59 Page 20 (2015 Edition)

 *(1(5$/3529,6,216$1''(),1,7,216  

 ,VQRWUHJLVWHUHGLQWKLVVWDWHDVDYHKLFOH
RWKHUWKDQDVQRZPRELOH>F†@
801.495 “Special mobile equipment.”
´6SHFLDOPRELOHHTXLSPHQWµPHDQVDYHKLFOH
that is not designed primarily to transport per-
sons or property, that is operated on a highway
only incidentally and that is used primarily
on a farm, for timber production and harvest,
for construction work or for lawn and grounds
FDUH>F†@
801.500 “Special use trailer.” (1) “Special
XVHWUDLOHUµPHDQVDWUDLOHUGHVFULEHGXQGHU
DQ\RIWKHIROORZLQJ designed to transport any liquid or gaseous
(a) A trailer that is eight and one-half feet
or less in width and of any length and that is
XVHGIRUFRPPHUFLDORUEXVLQHVVSXUSRVHV
(b) A trailer that is used temporarily on a
FRQVWUXFWLRQVLWHIRURIÀFHSXUSRVHVRQO\
801.520 “Tandem axles.” ´7DQGHPD[OHVµ
means any two or more consecutive axles that
have centers more than 40 inches but not more
WKDQLQFKHVDSDUWDQG
(1) Are individually attached to or articu-
lated from, or both, a common attachment to
the vehicle; or
(2) Have a connecting mechanism designed
WRHTXDOL]HWKHORDGEHWZHHQD[OHV>F
†F†@
801.522 “Tank vehicle.” ´7DQNYHKLFOHµ
means a commercial motor vehicle that is
material within a tank or tanks having an
individual rate capacity of more than 119 gal-
lons and an aggregate rate capacity of 1,000
gallons or more that is either permanently or
temporarily attached to the vehicle or the chas-
VLV´7DQNYHKLFOHµGRHVQRWLQFOXGHDSRUWDEOH
 F$PRELOHPRGXODUXQLW tank having a rated capacity under 1,000 gal-
 ´6SHFLDOXVHWUDLOHUµGRHVQRWLQFOXGHDQ\
WUDYHOWUDLOHU>F†F†
F†D@
801.505 “Stand” or “standing.” ´6WDQGµ
RU´VWDQGLQJµPHDQVWKHKDOWLQJRIDYHKLFOH
whether occupied or not, otherwise than tem-
porarily for the purpose of and while actually
engaged in receiving or discharging passen-
JHUV>F†@
801.507 “Stinger-steered.” “Sting-
HUVWHHUHGµ LQ UHODWLRQ WR D FRPELQDWLRQ RI
vehicles means that the coupling device on
the power unit is located back of the tread of
WKHWLUHVRIWKHODVWD[OH>F†@
801.510 “Stop.” ´6WRSµPHDQVWKHIROORZLQJ LVXVHGLWPHDQVWKHWUHDGRUUXQQHURIDVOHG
(1) When required, it means the complete
FHVVDWLRQIURPPRYHPHQW
(2) When prohibited, it means any halting
even momentarily of a vehicle, whether occu-
pied or not, except when necessary to avoid
FRQÁLFWZLWKRWKHUWUDIÀFRULQFRPSOLDQFH
ZLWKWKHGLUHFWLRQVRIDSROLFHRIÀFHURUWUDIÀF
FRQWUROGHYLFH>F†@
801.513 “Street rod.” ´6WUHHWURGµPHDQV
DPRWRUYHKLFOHWKDW XQGHU2566DOYDJHWLWOHVDUHLVVXHG
(1) Was manufactured prior to 1949 or was
manufactured to resemble a motor vehicle
manufactured prior to 1949;
(2) May be equipped with a drive train,
suspension system or brake system that is
different from the drive train, suspension
system or brake system originally installed
on the vehicle;
(3) May have alterations to the dimensions
of the original body of the vehicle; and
ORQV>F†F†@
801.524 “Throughway.” ´7KURXJKZD\µ
means every highway, street or roadway in
respect to which owners or occupants of abut-
ting lands and other persons have no legal
right of access to or from the same except at
such points only and in such manner as may
be determined by the road authority having
jurisdiction over the highway, street or road-
ZD\>)RUPHUO\@
801.525 “Tire.” ´7LUHµPHDQVWKHEDQGRI
material used on the circumference of a wheel,
on the outer face of a track or on a runner of
a sled, which forms the tread that comes in
FRQWDFWZLWKWKHVXUIDFHRIWKHURDG,IQREDQG
>F†@
801.526 “Title.” ´7LWOHµPHDQVDQRZQHU-
ship interest in a vehicle that is evidenced by
a record of the Department of Transportation
RURIVRPHRWKHUMXULVGLFWLRQ7KHUHFRUGPD\
EHLQWKHIRUPRIDFHUWLÀFDWHRIWLWOHRULWPD\
be in another form, including but not necessar-
ily limited to electronic or machine-readable
IRUP2UHJRQLVVXHVWLWOHVXQGHU256
Titles for snowmobiles are issued as provided
DVSURYLGHGLQ256>F†
F†F†F†@
801.527 “Totaled vehicle”; “totaled.”
´7RWDOHGYHKLFOHµRU´WRWDOHGµPHDQV
(1) A vehicle that is declared a total loss by
an insurer that is obligated to cover the loss
or that the insurer takes possession of or title
WR
(2) A vehicle that is stolen, if it is not recov-
ered within 30 days of the date that it is stolen
 ,VQRWDPRWRUF\FOHRUDQDVVHPEOHGYHKL-
FOH>F†@
801.515 “Suspend.” ´6XVSHQGµZLWKUHIHU-
HQFHWRLGHQWLÀFDWLRQFDUGVGULYLQJSULYLOHJHV
or vehicle registration, means the temporary
ZLWKGUDZDORIWKHLGHQWLÀFDWLRQFDUGGULYLQJ
SULYLOHJHVRUUHJLVWUDWLRQ>F†
F†D@
DQGLIWKHORVVLVQRWFRYHUHGE\DQLQVXUHU
(3) A vehicle that has sustained damage that
is not covered by an insurer and that is such
that the estimated cost to repair the vehicle is
equal to at least 80 percent of the retail market
YDOXHRIWKHYHKLFOHSULRUWRWKHGDPDJH)RU
purposes of this subsection, “retail market
YDOXHµVKDOOEHDVUHÁHFWHGLQSXEOLFDWLRQV

Title 59 Page 21 (2015 Edition)

 OREGON VEHICLE CODE

UHOLHGXSRQE\ÀQDQFLDOLQVWLWXWLRQVGRLQJ  %DODQFHWUDLOHUV
EXVLQHVVLQWKLVVWDWH>F†@  %XVWUDLOHUV
801.529 “Tow dolly.” ´7RZGROO\µPHDQVDQ  &RPPHUFLDOEXVWUDLOHUV
auxiliary axle assembly equipped with a tow
bar and used to tow a motor vehicle behind  )DUPWUDLOHUV
DQRWKHUPRWRUYHKLFOH>F†@  3ROHWUDLOHUV
801.530 “Tow vehicle.” ´7RZ YHKLFOHµ  6HPLWUDLOHUV
PHDQVDPRWRUYHKLFOHWKDWLV
 7UDYHOWUDLOHUV
(1) Altered or designed for, equipped for and
used in the business of towing vehicles; and  7UXFNWUDLOHUV
(2) Used to tow vehicles by means of a crane,  6HOIVXSSRUWLQJWUDLOHUV
hoist, tow bar, tow line or dolly or otherwise  6SHFLDOXVHWUDLOHUV>F†
XVHGWRUHQGHUDVVLVWDQFHWRRWKHUYHKLFOHV F†F†@
>F†F†@
801.562 “ Transitional ownership
801.535 > F † UHQXPEHUHG record.” ´7UDQVLWLRQDO RZQHUVKLS UHFRUGµ
LQ@ PHDQVDUHFRUGFRQWDLQLQJDOORIWKHIROORZLQJ
 ´7UDIÀFFRQWUROGHYLFHµ´7UDIÀF (1) The date of sale or if no sale is involved,
FRQWUROGHYLFHµPHDQV the date the contract or security interest being
(1) Any sign, signal, marking or device SHUIHFWHGZDVVLJQHG
placed, operated or erected by authority under
256IRUWKHSXUSRVHRIJXLGLQJGLUHFW-
LQJZDUQLQJRUUHJXODWLQJWUDIÀF
(2) Any device that remotely controls by
 7KHQDPHRIHDFKRZQHURIWKHYHKLFOH
(3) The name and address of each security
LQWHUHVWKROGHU
electrical, electronic, sound or light signal the  ,IWKHUHDUHPXOWLSOHVHFXULW\LQWHUHVW
RSHUDWLRQRIDQ\GHYLFHLGHQWLÀHGLQVXEVHFWLRQ holders, the priorities of interest if the secu-
(1) of this section and installed or operated rity interest holders do not jointly hold a single
XQGHUDXWKRULW\RI256 VHFXULW\LQWHUHVW
(3) Any stop sign that complies with spec-  7KHYHKLFOHLGHQWLÀFDWLRQQXPEHU
LÀFDWLRQVDGRSWHGXQGHU256WKDW
is held or erected by a member of a highway
maintenance or construction crew working in
WKHKLJKZD\>F†F†
F†@
 ´7UDIÀFFULPHµ´7UDIÀFFULPHµ
PHDQVDQ\WUDIÀFRIIHQVHWKDWLVSXQLVKDEOH
E\DMDLOVHQWHQFH>F†@
801.550 [1983 c.338 §102; 1999 c.1051 §83;
renumbered 801.557 in 1999]
 ´7UDIÀFRIIHQVHµ´7UDIÀFRIIHQVHµ
PHDQVDQ\RIWKHIROORZLQJRIIHQVHV and one-half feet or less in width and that is
 7KHQDPHRIWKHVHFXULW\LQWHUHVWKROGHU
or person who submits the transitional own-
HUVKLSUHFRUGIRUWKHVHFXULW\LQWHUHVWKROGHU
>F†F†@
801.565 “Travel trailer.” ´7UDYHOWUDLOHUµ
PHDQV
(1) A recreational vehicle without motive
power that is eight and one-half feet or less in
width and is not being used for commercial or
business purposes; and
(2) A prefabricated structure that is eight
 $Q\YLRODWLRQRIDWUDIÀFRUGLQDQFHRI
a city, municipal or quasi-municipal corpora-
tion, except ordinances governing parking of
YHKLFOHV
(2) Any provision of law for which a criminal
RUWUDIÀFYLRODWLRQSHQDOW\LVSURYLGHGLQWKH
YHKLFOHFRGH>F†F†
F†F†@
 ´7UDIÀFYLRODWLRQµ´7UDIÀFYLROD-
WLRQµPHDQVDWUDIÀFRIIHQVHWKDWLVGHVLJQDWHG
DVDWUDIÀFYLRODWLRQLQWKHVWDWXWHGHÀQLQJ
WKHRIIHQVHRUDQ\RWKHURIIHQVHGHÀQHGLQWKH
Oregon Vehicle Code that is punishable by a
ÀQHEXWWKDWLVQRWSXQLVKDEOHE\DWHUPRI
LPSULVRQPHQW3HQDOWLHVIRUWUDIÀFYLRODWLRQV
are as provided for violations generally in ORS
FKDSWHU>)RUPHUO\F
†D@
801.560 “Trailer.” ´7UDLOHUµPHDQVHYHU\
vehicle without motive power designed to be
GUDZQE\DQRWKHUYHKLFOH7UDLOHULQFOXGHVEXW
LVQRWOLPLWHGWRWKHIROORZLQJW\SHVRIWUDLOHUV
Title 59 Page 22
not being used for commercial or business pur-
SRVHV>F†F†
F†@
801.570>F†UHSHDOHGE\
F†@
801.575 “Truck tractor.” ´7UXFNWUDFWRUµ
means a motor vehicle designed and used
primarily for drawing other vehicles and con-
structed so as not to carry any load other than
a part of the weight of the vehicle or load, or
ERWKDVGUDZQ>F†@
801.580 “Truck trailer.” ´7UXFNWUDLOHUµ
means any trailer designed and used primar-
ily for carrying loads other than passengers
whether designed as a balance trailer, pole
WUDLOHUVHPLWUDLOHURUVHOIVXSSRUWLQJWUDLOHU
>F†@
801.585 “Unloaded weight.” “Unloaded
ZHLJKWµPHDQVWKHZHLJKWRIDYHKLFOHZKHQ
WKHYHKLFOHLVIXOO\HTXLSSHGH[FOXVLYHRIORDG
>F†F†@
(2015 Edition)
 *(1(5$/3529,6,216$1''(),1,7,216  

801.590 “Vehicle.” ´9HKLFOHµPHDQVDQ\ (B) Sanctioned as a vehicle of special

device in, upon or by which any person or prop- interest by an established organization that
erty is or may be transported or drawn upon a provides for recognition of vehicles of special
public highway and includes vehicles that are LQWHUHVW
SURSHOOHGRUSRZHUHGE\DQ\PHDQV´9HKLFOHµ
GRHVQRWLQFOXGHDPDQXIDFWXUHGVWUXFWXUH
>F†F†@
801.592 “Vehicle appraiser.” “Vehicle
DSSUDLVHUµPHDQVDQLQGLYLGXDOZKRKDVEHHQ
LVVXHGDYHKLFOHDSSUDLVHUFHUWLÀFDWHXQGHU
256DQGZKRIRUFRQVLGHUDWLRQLVVXHV
RSLQLRQVDVWRWKHYDOXHRIYHKLFOHV>F
†@
801.595 “Vehicle code.” ´9HKLFOHFRGHµ
PHDQVWKH2UHJRQ9HKLFOH&RGH>F
†@
 ´9HKLFOHLGHQWLÀFDWLRQQXPEHUµ
´9HKLFOHLGHQWLÀFDWLRQQXPEHUµPHDQVDGLV-
WLQJXLVKLQJQXPEHUDVVLJQHGDQGDIÀ[HGWRD
vehicle or vehicle component, such as an engine
or transmission or other severable portion of
a vehicle, by the manufacturer or under ORS
 E,IWKHYHKLFOHLVDUHFRQVWUXFWHGYHKLFOH
the Department of Transportation must deter-
mine that the vehicle has been reconstructed
with substantially original parts and that the
YHKLFOHRWKHUZLVHFRPSOLHVZLWKWKLVVHFWLRQ
>F†F†F†
F†@
801.608 “Vulnerable user of a public
way.” ´9XOQHUDEOHXVHURIDSXEOLFZD\µPHDQV
a pedestrian, a highway worker, a person
riding an animal or a person operating any
of the following on a public way, crosswalk or
VKRXOGHURIWKHKLJKZD\
(1) A farm tractor or implement of
husbandry;
(2) A skateboard;
(3) Roller skates;
IRUWKHSXUSRVHRISURYLGLQJLGHQWLÀFD-  ,QOLQHVNDWHV
WLRQIRUWKHYHKLFOHRUYHKLFOHFRPSRQHQW>
F†@ (5) A scooter; or
801.605 “Vehicle of special interest.”  $ELF\FOH>F†F†@
´9HKLFOHRIVSHFLDOLQWHUHVWµPHDQVDQ\$PHUL- 801.610 “ Worker transport bus.”
can or foreign made vehicle that is maintained ´:RUNHUWUDQVSRUWEXVµPHDQVDYHKLFOHWKDWLV
DVDFROOHFWRU·VLWHPDQGWKDW GHVFULEHGXQGHU256WKDWKDVDVHDW-
 ,VDVWUHHWURGXQGHU256RU LQJFDSDFLW\RIRUPRUHSDVVHQJHUV>
F†@
 &RPSOLHVZLWKDOORIWKHIROORZLQJ
_______________
 D7KHYHKLFOHPXVWEH
(A) At least 25 years old as dated from any
current year; or

Title 59 Page 23 (2015 Edition)

OREGON VEHICLE CODE

Page 24 (2015 Edition)

 $'0,1,675$7,9(3529,6,216

Chapter 802

(',7,21
ADMINISTRATIVE PROVISIONS

802.010 Duties of Department of Transpor- 802.187 Relationship to other privacy stat-

tation regarding motor vehicles and utes; access to information about self
drivers 802.189 Criminal penalty for violation of ORS
802.012 Rules for acceptance of information 802.175 to 802.187
submitted other than on paper; effect 802.191 Civil action for violation of ORS
of submission 802.175 to 802.187
802.020 Administrative facilities for enforce- 802.195 Social Security numbers; disclosure;
ment of motor vehicle laws fees; penalty
802.031 Designation of dealers as agents of 802.200 Required records
department
802.202 Conditions for disclosure of drug test
 6SHFLÀFDWLRQRIFHUWDLQZD\VRI results
reporting
802.210 Records of notices of approaching
802.050 Publications; fees expiration of registration or license
802.060 Acceptance of grants and other not required
PRQH\VIRUWUDIÀFVDIHW\SURJUDPV 802.220 Availability of records; fees
contracts authorized
802.070 Department to assist schools in pro- 802.230 Fees for records
moting highway safety
802.240 Driver and vehicle records as
802.075 Rules for accident prevention course evidence
802.087 Rules for assisting offenders in 802.250 Records containing residence
REWDLQLQJGULYHUOLFHQVHRULGHQWLÀFD- address of eligible public employee or
tion card household member
802.091 Removal of debris following motor 802.253 Records containing residence address
vehicle accident RIFRUUHFWLRQVRIÀFHURUKRXVHKROG
member
FINANCIAL ADMINISTRATION 802.255 Exchange of information for imple-
mentation of ORS 802.250 and 802.253
802.100 Accounts related to driver and vehi-
 'ULYHUOLFHQVHDQGLGHQWLÀFDWLRQFDUG
cle services; uses
records; contents; copies to counties;
 3URFHGXUHVIRUÀQDQFLDODGPLQ- fees
istration; receipt and disposition
802.270 Records of insurance information
of moneys; refunds; payments;
limitations
802.112 Surcharge for certain transactions; TRANSPORTATION SAFETY PROGRAMS
rules AND TRAFFIC SAFETY EDUCATION
802.120 Snowmobile fuel tax moneys; amount; 802.300 Transportation Safety Committee;
disposition members, compensation, expenses;
802.125 Transfer of all-terrain vehicle fuel staff
taxes or special use fuel license fees 802.310 Transportation safety programs;
802.155 Safety Education Fund; uses administrator
802.160 Use of revocation and suspension 802.315 Department authority to apply
reinstatement fees for and receive federal highway
802.170 Uncollectible tender of payment; safety program grants and other
procedures funds; local government program
participation
802.320 Motorcycle safety program; contents;
RECORDS fees; contracts
 'HÀQLWLRQVIRU256WR 802.325 Bicycle safety program; contents; fees
802.177 Prohibition on release of personal 802.329 City and county highway safety pro-
information from motor vehicle gram participation authorized
records 802.331 Highway Safety Trust Account
802.179 Exemptions from prohibition on 802.340 Transportation Safety Account; uses;
release of personal information from Motorcycle Safety Subaccount
motor vehicle records; rules
802.181 Redisclosure by authorized recipients
of personal information from motor COMMITTEES AND BOARDS
vehicle records 802.350 Winter Recreation Advisory Commit-
802.183 Fees for and rules regarding release tee; members; meetings; rules
of personal information from motor 802.370 Advisory committee on vehicle dealer
vehicle records regulation; members; compensation
802.185 Notice to individual of certain
requests for information; waiver

Title 59 Page 25 (2015 Edition)

 OREGON VEHICLE CODE

RECIPROCAL AGREEMENTS AND

INTERSTATE COMPACTS
802.500 Authority for reciprocal registration
agreements; permitted provisions;
requirements; limitations
802.520 Authority to grant registration
privileges or exemptions to vehicles
registered in other jurisdictions; dec-
laration; limitations
802.530 Authority of department for recip-
URFDODJUHHPHQWVFRQFHUQLQJWUDIÀF
offenses; permitted provisions; fees;
limitations; rules; report
802.540 Driver License Compact
802.550 Administrative provisions relating to
license compact
802.560 Multistate Highway Transportation
Agreement
802.565 Participation by department and pay-
ment of fees
802.570 Compensation and reimbursement
for legislative representative under
Multistate Highway Transportation
Agreement

AGREEMENTS WITH PRIVATE

CONTRACTORS
802.600 Agreements to transact department
business; fees; rules; “integrator”
GHÀQHG

Title 59 3DJH (2015 Edition)

 $'0,1,675$7,9(3529,6,216
GENERAL PROVISIONS
802.010 Duties of Department of Trans-
portation regarding motor vehicles and
drivers. (1) The Department of Transportation
shall perform all of the duties, functions and
SRZHUVZLWKUHVSHFWWRWKHIROORZLQJ submitted in the form of a document or in some
(a) The administration of the laws relating to
the motor vehicle fuel license tax, aircraft fuel
license tax and use fuel license tax including
256FKDSWHU
(b) The administration of the laws relating
to motor vehicle registration and titling and
WKHLVVXDQFHRIFHUWLÀFDWHVWRYHKLFOHGHDOHUV
and dismantlers including but not limited to
WKHDGPLQLVWUDWLRQRIWKHYHKLFOHFRGH
(c) The administration of the laws relating
to driving privileges granted under licenses
DQGSHUPLWVDQGXQGHUWKHYHKLFOHFRGH
(d) The administration of the laws relating
to operation of vehicles on highways and of
 
(2) Whenever a person submits informa-
tion to the department in compliance with a
requirement of statute or rule, the submis-
VLRQVKDOOFRQVWLWXWHDFHUWLÀFDWLRQDVWRWKH
WUXWKDQGDFFXUDF\RIWKHLQIRUPDWLRQ7KLV
subsection applies whether the information is
other form and whether or not the person signs
ZKDWLVVXEPLWWHG>F††D@
802.020 Administrative facilities for
HQIRUFHPHQWRIPRWRUYHKLFOHODZV7KH'HSDUW-
PHQWRI7UDQVSRUWDWLRQ
(1) Shall purchase the necessary stationery,
record books, registration plates and postage,
provide for the printing and all other necessary
and incidental expenses, employ the necessary
clerical assistance, and lease such real estate
and buildings as the department deems neces-
sary to carry out fully the objects and purposes
of the motor vehicle laws which it is required
WRDGPLQLVWHU
vehicle size, weight and use limits under the  ,VDXWKRUL]HGDQGGLUHFWHGWRSD\DQ\
YHKLFOHFRGH claims therefor in the manner provided by law
out of the money received under the provisions
 H7KHDGPLQLVWUDWLRQRI256DQG

(f) The administration of the provisions
UHODWLQJWRSURRIRIÀQDQFLDOUHVSRQVLELOLW\
DQGIXWXUHUHVSRQVLELOLW\ÀOLQJV
(2) The Director of Transportation shall act
DVDUHFLSURFLW\RIÀFHUIRUWKHSXUSRVHVRI256
DQG
(3) The director shall have the author-
ity to execute or make such arrangements,
agreements or declarations to carry out the
SURYLVLRQV RI 256  DQG 
The director shall receive no additional com-
pensation for service performed under this
subsection but shall be allowed actual and nec-
essary expenses incurred in the performance
of the duties to be paid from the account of the
RIWKHYHKLFOHFRGH
(3) May share space in any leased building
ZLWKDQ\RWKHUVWDWHRIÀFHUGHSDUWPHQWERDUG
or commission, for the conduct of the business
RIWKHVWDWH
(4) Subject to approval under this subsec-
tion, may acquire by purchase, agreement or
donation, real property or any right or inter-
HVWWKHUHLQIRURIÀFHEXLOGLQJVDQGQHFHVVDU\
DSSXUWHQDQWIDFLOLWLHV%HIRUHWKHGHSDUWPHQW
may exercise any authority under this subsec-
tion the department must have the approval
RI
(a) The committee of ways and means estab-
OLVKHGXQGHU256LIWKH/HJLVODWLYH
$VVHPEO\LVLQVHVVLRQ
GHSDUWPHQW>F†F†
F†F†F†
F†F†F
†@
802.012 Rules for acceptance of infor-
mation submitted other than on paper;
effect of submission. (1) Notwithstanding
other provisions of the Oregon Vehicle Code
UHODWLQJWRFHUWLÀFDWLRQVVLJQDWXUHVIRUPV
or similar requirements, the Department of
Transportation may adopt rules for acceptance
DQG YHULÀFDWLRQ E\ WHOHSKRQH RU HOHFWURQLF
means of information customarily provided
 E7KH(PHUJHQF\%RDUGFUHDWHGXQGHU
256LIWKH/HJLVODWLYH$VVHPEO\LV
QRWLQVHVVLRQ>F†@
802.030>F†F†
F†F†F†
UHSHDOHGE\F†@
802.031 Designation of dealers as agents
of department. 1RWKLQJLQ256SUR-
hibits the Department of Transportation from
adopting rules that take effect after April 1,
1998, that allow the department to designate
dealers to act as agents of the department for
SXUSRVHRISHUIRUPLQJWKHGXWLHVVSHFLÀHGLQ
RQSDSHUIRUPV5XOHVVKDOODGGUHVV 256(GLWLRQDQGWKDWDOORZ
(a) The use of credit card, debit card personal persons to act as agents for the department
LGHQWLÀFDWLRQQXPEHUVRURWKHULGHQWLÀFDWLRQ for the purpose of issuing winter recreation
QXPEHUVDVDPHDQVRILGHQWLÀFDWLRQ SDUNLQJSHUPLWV>F†@
(b) The acceptance of information and
statements given orally, over the telephone or
mechanically by electronic data entry; and
(c) The use of mechanically produced equiv-
DOHQWVRURWKHUXQLTXHLGHQWLÀHUVLQOLHXRI
handwritten signatures as a means of obtain-
LQJFHUWLÀFDWLRQRILQIRUPDWLRQDQGVWDWHPHQWV
WKDWDUHUHTXLUHGWREHVXEPLWWHGDQGFHUWLÀHG
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
802.033 > F †  F †
UHQXPEHUHGLQ@

Title 59 Page 27 (2015 Edition)

 OREGON VEHICLE CODE

 6SHFLÀFDWLRQRIFHUWDLQZD\VRI highways, including research or educational

reporting. (1) The Department of Transpor- programs for the improvement of drivers, the
tation shall specify the minimum contents of a UHGXFWLRQRIWUDIÀFDFFLGHQWVDQGWKHUHGXFWLRQ
report about, and the means for reporting, acci- RIYLRODWLRQVRIWUDIÀFODZVDQGRUGLQDQFHV
dents that are required to be reported under
256DQG
The department shall consult with the state
police and city and county law enforcement
RIÀFLDOV EHIRUH DSSURYLQJ PHDQV IRU DFFL-
GHQWUHSRUWVUHTXLUHGXQGHU256
$Q\PHDQVRIUHSRUWLQJVSHFLÀHGXQGHUWKLV
VXEVHFWLRQVKDOOUHTXLUHVXIÀFLHQWO\GHWDLOHG
information to disclose, with reference to a
WUDIÀFDFFLGHQWWKHFDXVHFRQGLWLRQVWKHQ
H[LVWLQJDQGWKHSHUVRQVDQGYHKLFOHVLQYROYHG
Upon request, if the department adopts forms
as one means of reporting accidents, the
department shall make the forms available
WKURXJKSROLFHGHSDUWPHQWVVKHULIIV·RIÀFHV
DQGRWKHUVXLWDEOHDJHQFLHVRULQGLYLGXDOV
(2) The department shall assure that any
 (QWHULQWRVXFKFRQWUDFWVRUDJUHHPHQWV
employ such personnel, and do all things nec-
essary to receive available moneys and carry
on any research or program mentioned in sub-
section (1) of this section, provided that the
authority herein granted and the contracts,
agreements and other acts authorized to be
entered into or performed, shall be subject to
DQGQRWLQFRQÁLFWZLWKWKHSURYLVLRQVRIDQ\
RWKHUDSSOLFDEOHVWDWHVWDWXWHV>F
†F†@
802.070 Department to assist schools
in promoting highway safety. The Depart-
ment of Transportation shall assist accredited
schools and educational institutions of this
state in the promotion of highway safety and
shall carry on with other activities under the
PHDQVVSHFLÀHGXQGHUVXEVHFWLRQRIWKLV
section for use in accident reports required
XQGHU 256   DQG 
include a way of making owners aware of the
GHÀQLWLRQRIDWRWDOHGYHKLFOHDQGRIWKHRZQHU·V
GXW\XQGHU256
(3) The department shall prescribe and
provide suitable forms for the administration
DQGHQIRUFHPHQWRIWKHÀQDQFLDOUHVSRQVLELOLW\
requirements under the vehicle code or shall
prescribe any other means of accomplishing
WKHVDPHHQGWKDWWKHGHSDUWPHQWÀQGVFRQ-
YHQLHQW>F†F†
F†F†F†@
802.050 Publications; fees. (1) The
Department of Transportation may compile,
publish and distribute a vehicle code book
containing statutes administered by the
department concerning vehicles and drivers,
DORQJZLWKRWKHUUHODWHGODZV7KHGHSDUWPHQW
may establish and collect a reasonable fee for
books issued to groups or persons who are not
HPSOR\HHVRIWKHGHSDUWPHQW$Q\IHHHVWDE-
lished under this section shall not exceed the
costs of the compilation, publication and dis-
WULEXWLRQRIWKHERRNV
(2) The department shall publish statistical
information based on the analysis and tabula-
WLRQRIDFFLGHQWUHSRUWVXQGHU256
Publication under this subsection shall be
DQQXDORUDWPRUHIUHTXHQWLQWHUYDOV
(3) The department shall make rules it
adopts concerning aiming of headlights, aux-
iliary lights and passing lights available to
WKHSXEOLFLQDQDSSURSULDWHSXEOLFDWLRQ>
F†F†F†
F†@
802.060 Acceptance of grants and other
PRQH\VIRUWUDIÀFVDIHW\SURJUDPVFRQ-
tracts. The Department of Transportation
PD\ (b) The accident occurred on a state highway;
(1) Apply for, accept and receive such
grants, contributions or other moneys as may
be available to this state or any of its agencies
laws providing for the registration of motor
vehicles and motor vehicle operators and chauf-
feurs, other projects having for their purpose
WKHSUHYHQWLRQRIPRWRUYHKLFOHDFFLGHQWV>
F†@
802.075 Rules for accident prevention
course. The Department of Transportation
shall adopt rules for approval of a motor vehicle
accident prevention course that will qualify a
person for the reduction in premium provided
E\256WR7KHUXOHVPD\
include requirements for the contents of a
FRXUVHDQGTXDOLÀFDWLRQVRIDQRUJDQL]DWLRQ
RIIHULQJDFRXUVH>F†@
802.080>F†F†
UHQXPEHUHGLQ@
802.085>F†UHSHDOHGE\
F†@
802.087 Rules for assisting offenders
LQREWDLQLQJGULYHUOLFHQVHRULGHQWLÀFD-
tion card. The Department of Transportation
and the Department of Corrections jointly
shall adopt rules and enter into interagency
agreements necessary to assist offenders in
REWDLQLQJDGULYHUOLFHQVHRULGHQWLÀFDWLRQFDUG
prior to an offender’s release from a Depart-
PHQWRI&RUUHFWLRQVLQVWLWXWLRQ>F
†@
802.090>F†F†
F†F†F†
UHQXPEHUHGLQ@
802.091 Removal of debris following
motor vehicle accident. (1) The Department
of Transportation shall pay reasonable costs
for the removal of any vehicle, cargo or debris
UHVXOWLQJIURPDPRWRUYHKLFOHDFFLGHQWLI
(a) The motor vehicle accident resulted in the
death of a person 18 years of age or younger;
(c) The surviving family members would
otherwise be responsible for the cost of the
cleanup; and
for research and other programs concerning  G7KHUHLVQRLQVXUDQFHDYDLODEOH
the safe operation of motor vehicles upon the

Title 59 Page 28 (2015 Edition)

 $'0,1,675$7,9(3529,6,216  

(2) Subsection (1) of this section does not cash advances and taking up of dishonored
DSSO\LI UHPLWWDQFHV>F†F†
 D,WLVHVWDEOLVKHGE\DSUHSRQGHUDQFHRI
the evidence that the deceased was engaged
in conduct that would constitute a crime; or
(b) The vehicle of the deceased was not
insured under a motor vehicle liability
LQVXUDQFHSROLF\WKDWFRPSOLHGZLWKÀQDQ-
cial responsibility requirements under ORS
>F†@
FINANCIAL ADMINISTRATION
802.100 Accounts related to driver
and vehicle services; uses. The following
accounts are established separate and distinct
IURPWKH*HQHUDO)XQGIRUWKHÀQDQFLDODGPLQ-
istration of those functions of the Department
of Transportation dealing with driver and
motor vehicle services in accordance with ORS
 department related to the provision of driver
(1) The Department of Transportation
'ULYHUDQG0RWRU9HKLFOH6XVSHQVH$FFRXQW
The account established under this subsection
is a suspense account in the State Treasury
that is used to deposit moneys received by the
department related to driver and motor vehi-
cle services and to make approved payments
and disbursals of funds before the department
pays administrative expenses related to the
SURYLVLRQRIGULYHUDQGPRWRUYHKLFOHVHUYLFHV
The department shall transfer the money that
is not to be used to make approved payments
and disbursals from the account established
under this subsection and that remains in the
account at the close of business on the last day
of each month to the Department of Trans-
portation Driver and Motor Vehicle Services
F†F†F†
F†F†@
 3URFHGXUHVIRUÀQDQFLDODGPLQ-
istration; receipt and disposition of
moneys; refunds; payments; limitations.
Any procedures the Department of Transporta-
WLRQHVWDEOLVKHVIRUÀQDQFLDODGPLQLVWUDWLRQRI
those functions of the department dealing with
driver and motor vehicle services and for the
disposition and payment of moneys it receives
from the provision of driver and motor vehicle
VHUYLFHVVKDOOFRPSO\ZLWKDOORIWKHIROORZLQJ
(1) The department shall deposit all moneys
it receives related to driver and motor vehicle
services in the Department of Transportation
Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before pay-
ment of general administrative expenses of the
DQGPRWRUYHKLFOHVHUYLFHV1RWZLWKVWDQGLQJ
this subsection, the department may return
a bank check or money order when received
in incorrect or incomplete form or when not
DFFRPSDQLHGE\WKHSURSHUDSSOLFDWLRQ
(2) The department shall pay the following
approved expenses and disbursals from the
Department of Transportation Driver and
Motor Vehicle Suspense Account before pay-
ment of the general administrative expenses
of the department related to driver and motor
YHKLFOHVHUYLFHV
(a) Refunds authorized by any statute
administered by the department when such
UHIXQGVDUHDSSURYHGE\WKHGHSDUWPHQW
(b) Amounts transferred to the State
Administrative Account on or before the 15th
GD\RIWKHIROORZLQJPRQWK
(2) The Department of Transportation
Driver and Motor Vehicle Services Adminis-
WUDWLYH$FFRXQW7KHDFFRXQWHVWDEOLVKHGXQGHU
this subsection shall be used for the payment
of administrative expenses payable before
money from the account is transferred to the
6WDWH+LJKZD\)XQG7KHGHSDUWPHQWVKDOO
transfer the money that is not to be used to
make payments from the account established
under this subsection and that remains in the
account at the close of business on the last day
of each month to the State Highway Fund on
RUEHIRUHWKHWKGD\RIWKHIROORZLQJPRQWK
(3) The Passenger Rail Transportation
$FFRXQW7KHDFFRXQWHVWDEOLVKHGXQGHUWKLV
subsection is a separate account in the State
Treasury that shall be used to deposit moneys
received from the sale of customized regis-
WUDWLRQSODWHVXQGHU2560RQH\V
in the account shall be used for passenger
7UHDVXUHUXQGHU256IRUWKHSXU-
pose of carrying out the state aviation laws,
amounts transferred to the Boating Safety,
/DZ(QIRUFHPHQWDQG)DFLOLW\$FFRXQWE\256
DPRXQWVWUDQVIHUUHGWRWKH6WDWH$YL-
DWLRQ$FFRXQWE\256DQGDPRXQWV
transferred to the Department of Transpor-
WDWLRQ2SHUDWLQJ)XQGE\256
(c) After deduction of expenses of collection,
transfer and administration, the department
shall pay moneys collected from the Student
Driver Training Fund eligibility fee under
256   DQG  WR WKH
State Treasurer for deposit in the Student
'ULYHU7UDLQLQJ)XQG7KHPRQH\VGHSRVLWHG
in the Student Driver Training Fund under
this paragraph are continuously appropriated
WRWKHGHSDUWPHQWIRUWKHIROORZLQJSXUSRVHV
(A) To the extent of not more than 10 percent
of the amount transferred into the Student
Driver Training Fund in any biennium, to pay
WKHH[SHQVHVRIDGPLQLVWHULQJ256
UDLOSURJUDPV0RQH\VVKDOOEHGHSRVLWHGLQ DQG
the account after payment of administrative (B) The remaining moneys, for reimbursing
H[SHQVHVDVSURYLGHGXQGHU256 school districts and commercial driver training
 7KH5HYROYLQJ$FFRXQWIRU(PHUJHQF\ VFKRROVDVSURYLGHGXQGHU256
&DVK$GYDQFHV7KHDFFRXQWHVWDEOLVKHGXQGHU (d) After deduction of expenses of collection,
this subsection is a separate account that shall transfer and administration, the department
be maintained for the payment of emergency shall pay moneys collected for the Motorcycle

Title 59 Page 29 (2015 Edition)

 OREGON VEHICLE CODE
6DIHW\6XEDFFRXQWXQGHU256WRWKH
State Treasurer for deposit in the Motorcy-
cle Safety Subaccount of the Transportation
6DIHW\$FFRXQW0RQH\VSDLGWRWKH6WDWH7UHD-
surer under this paragraph shall be used for
WKHSXUSRVHRI256
(e) After deduction of expenses for the
administration of the issuance of customized
UHJLVWUDWLRQSODWHVXQGHU256WKH
department shall place moneys received from
the sale of customized registration plates in the
3DVVHQJHU5DLO7UDQVSRUWDWLRQ$FFRXQW7KH
moneys placed in the account are continuously
appropriated to the department and shall be
used for the payment of expenses incurred in
DGPLQLVWHULQJSDVVHQJHUUDLOSURJUDPV
(f) After deduction of expenses of collection,
transfer and administration, the department
shall pay moneys from any registration fees
established by the governing bodies of coun-
WLHVRUDGLVWULFWDVGHÀQHGLQ256
XQGHU256RUWRWKHDSSUR-
SULDWHFRXQWLHVRUGLVWULFWV7KHGHSDUWPHQW
shall make the payments on at least a monthly
basis unless another basis is established by the
intergovernmental agreements required by
256DQGEHWZHHQWKHGHSDUW-
ment and the governing bodies of a county or
DGLVWULFW
(g) After deducting the expenses of the
department in collecting and transferring the
moneys, the department shall make disburs-
als and payments of moneys collected for or
dedicated to any other purpose or fund except
is charged with administering and any other
expenses the department is permitted by law to
pay from moneys held by the department before
transfer of the moneys to the State Highway
)XQG7KHIROORZLQJOLPLWDWLRQVDSSO\WRSD\-
ments of administrative expenses under this
VXEVHFWLRQ
(a) The department shall make payment of
the expenses of administering the issuance
of winter recreation parking permits under
256IURPWKRVHPRQH\VUHFHLYHGIURP
LVVXLQJWKHSHUPLWV
(b) The department shall pay its expenses
for administering the registration and titling of
VQRZPRELOHVXQGHU256DQG
from the fees collected from administering
WKRVH VHFWLRQV 7KH GHSDUWPHQW VKDOO DOVR
pay its expenses for the administration of the
snowmobile driver permit program under ORS
IURPWKHPRQH\VRWKHUZLVHGHVFULEHG
LQWKLVSDUDJUDSK
(c) The department shall pay its expenses
for determining the amount of money to be
ZLWKKHOGXQGHU256IURPWKHIHHV
collected for administering the registration
DQGWLWOLQJRIVQRZPRELOHV7KHDPRXQWXVHG
to pay expenses under this paragraph shall
be such sum as necessary but may not exceed
GXULQJHDFKELHQQLXP
(d) The department shall retain not more
than $15,000 in any biennium for the expenses
of collecting and transferring moneys to the
Student Driver Training Fund under this sec-
WLRQDQGIRUWKHDGPLQLVWUDWLRQRI256
the State Highway Fund, including but not 
limited to, payments to the Department of
Transportation Operating Fund established  ([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
E\256DQG
(3) The department shall refund from the
Department of Transportation Driver and
Motor Vehicle Suspense Account any excess
or erroneous payment to a person who made
the payment or to the person’s legal represen-
tative when the department determines that
subsection, the department shall transfer
to the State Highway Fund the moneys not
used for payment of the general administra-
tive expenses or for approved expenses and
disbursals before payment of general admin-
LVWUDWLYHH[SHQVHV7KHIROORZLQJDSSO\WRWKLV
VXEVHFWLRQ
money has been received by it in excess of the
amount legally due and payable or that it has
received money in which it has no legal inter-
HVW5HIXQGVSD\DEOHXQGHUWKLVVXEVHFWLRQDUH
continuously appropriated for such purposes in
the manner for payment of refunds under this
VHFWLRQ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWD
refund is due, the department may refund the
amount of excess or erroneous payment with-
RXWDFODLPEHLQJÀOHG([FHSWDVSURYLGHGLQ
256DQG
any claim for a refund from the department
PXVWEHÀOHGZLWKLQPRQWKVDIWHUWKHGDWH
SD\PHQWLVUHFHLYHGE\WKHGHSDUWPHQW
(4) After payment of those expenses and dis-
bursals approved for payment before general
administrative expenses related to the provi-
 D,IWKH'LUHFWRURI7UDQVSRUWDWLRQFHUWLÀHV
the amount of principal or interest of highway
bonds due on any particular date, the depart-
ment may make available for the payment of
such interest or principal any sums that may
be necessary to the extent of moneys on hand
available for the State Highway Fund regard-
OHVVRIWKHGDWHVRWKHUZLVHVSHFLÀHGXQGHUWKLV
VHFWLRQ
(b) Notwithstanding paragraph (a) of this
subsection, the department may not make
available for purposes described in paragraph
(a) of this subsection any moneys described
LQ256ZKHQWKHUHDUHQRWVXIÀFLHQW
amounts of such moneys in the State Highway
Fund for purposes of bonds issued under ORS

sion of driver and motor vehicle services, the
department shall pay from the Department
of Transportation Driver and Motor Vehicle
Services Administrative Account its general
administrative expenses incurred in the
 1RWZLWKVWDQGLQJDQ\RWKHUSURYLVLRQ
of this section, the following moneys shall be
transferred to the State Highway Fund at the
WLPHVGHVFULEHG
administration of any law related to driver  D0RQH\VUHFHLYHGXQGHU256DQG
and motor vehicle services that the department not used for the payment of administrative

Title 59 Page 30 (2015 Edition)

 $'0,1,675$7,9(3529,6,216
expenses of the department shall be trans-
IHUUHGEHIRUH-XO\RIHDFK\HDU
(b) Moneys received from the registration
of snowmobiles that are not to be used for
payment of administrative expenses of the
department shall be transferred within 30
GD\VDIWHUWKHHQGRIWKHTXDUWHU
(c) Moneys received from the issuance of
winter recreation parking permits that are not
used for payment of administrative expenses
of the department shall be transferred within
GD\VDIWHUWKHHQGRIWKHTXDUWHU
(7) The following moneys transferred to the
State Highway Fund under this section may be
XVHGRQO\IRUWKHSXUSRVHVGHVFULEHGDVIROORZV F†F†F†
(a) Moneys collected from the issuance of
winter recreation parking permits, and the
interest on such moneys, shall be used to
enforce the requirement for winter recreation
parking permits and to remove snow from
winter recreation parking locations designated
XQGHU256$Q\UHPDLQLQJPRQH\V
shall, upon approval by the Winter Recreation
$GYLVRU\&RPPLWWHH WKHPRUHH[SHQVLYHZD\$VXUFKDUJHLPSRVHG
(A) Be used to maintain parking locations
developed with moneys obtained under ORS
DQGVQRZPRELOHIDFLOLWLHVWKDWDUH
parking lots developed with moneys as pro-
vided under this section;
(B) Be used to develop additional winter rec-
UHDWLRQSDUNLQJORFDWLRQVXQGHU256
or
(C) Be carried over to be used in subsequent
years for the purposes and in the manner
GHVFULEHGLQWKLVSDUDJUDSK
(b) Moneys received from the registration
RIVQRZPRELOHVRUXQGHU256PD\EH
used for development and maintenance of mul-
tiuse trails within urban growth boundaries
GHVFULEHGLQ256RUIRUWKHGHYHORS-
ment and maintenance of snowmobile facilities,
including the acquisition of land therefor by
any means other than the exercise of eminent
GRPDLQ0RQH\VUHFHLYHGXQGHU256
may also be used for the enforcement of ORS
WR
DQGWR
(8) The department shall maintain the
5HYROYLQJ $FFRXQW IRU (PHUJHQF\ &DVK
Advances separate from other moneys
GHVFULEHGLQWKLVVHFWLRQ)URPWKHDFFRXQW
the department may pay for the taking up of
dishonored remittances returned by banks or
the State Treasurer and for emergency cash
DGYDQFHVWREHVXEVHTXHQWO\UHLPEXUVHG7KH
DFFRXQWVKDOOEHXVHGRQO\DVDUHYROYLQJIXQG
The department shall at all times be account-
able for the amount of the account, either in
FDVKRUXQUHLPEXUVHGLWHPVDQGDGYDQFHV
The moneys in the account are continuously
appropriated for the purposes of this subsec-
WLRQ7KHDPRXQWRIPRQH\VLQWKHDFFRXQW
under this subsection may not exceed $40,000
from moneys received by the department in
 
DSSURSULDWHGIRUSXUSRVHVRIWKLVVXEVHFWLRQ
The account under this subsection shall be kept
RQGHSRVLWZLWKWKH6WDWH7UHDVXUHU7KH6WDWH
Treasurer is authorized to honor and pay all
properly signed and indorsed checks or war-
UDQWVGUDZQDJDLQVWWKHDFFRXQW>F
†F†F†F
†F†F†F
†F†F†F
†F†F†F
†F††F††
F†F†F†
F†F†F†
F†F†F†
F†F†F†
F†F†@
8 02 .112 Surcha rge for cer ta in
transactions; rules. The Department of
Transportation may impose a surcharge on any
fee the department is authorized to collect if
the fee is imposed for a transaction that can be
accomplished by a customer of the department
in more than one way and the customer chooses
under this section may not exceed the lesser of
the additional cost to the department, rounded
WRWKHQHDUHVWGROODURU1RVXUFKDUJHPD\
be imposed under this section until the depart-
ment adopts rules specifying transactions for
ZKLFKWKHVXUFKDUJHZLOOEHLPSRVHG>
F†@
802.120 Snowmobile fuel tax moneys;
amount; disposition. (1) Motor vehicle fuel
used and purchased for providing the motive
power for snowmobiles shall be considered a
QRQKLJKZD\XVHRIIXHO
(2) The Director of Transportation shall
withhold, from taxes collected under ORS
chapter 319 during June of each year, amounts
the director determines to have been paid as
tax under ORS chapter 319 on fuel used in
snowmobiles during the preceding 12-month
period ending June 30 and that were not
UHIXQGHG
(3) Moneys withheld by the director under
this section are subject to disposition as pro-
YLGHGLQ256
(4) The director shall establish a reasonable
manner to determine the amount of money to
be withheld under this section from the tax on
PRWRUYHKLFOHIXHOVXQGHU256FKDSWHU
>F†F†F†
F†@
802.125 Transfer of all-terrain vehicle
fuel taxes or special use fuel license fees.
(1) The Department of Transportation shall
transfer to the State Parks and Recreation
Department amounts described in subsection
(2) of this section that are paid to the Depart-
ment of Transportation and determined by the
department to be paid with respect to fuel used
E\&ODVV,&ODVV,,&ODVV,,,DQG&ODVV,9
DOOWHUUDLQYHKLFOHVLQRIIKLJKZD\RSHUDWLRQ
(2) The amounts referred to in subsection
the performance of its driver and motor vehi- RIWKLVVHFWLRQDUH
cle services functions and moneys otherwise

Title 59 Page 31 (2015 Edition)

 OREGON VEHICLE CODE
(a) Amounts paid as motor vehicle fuel tax
XQGHU256DQGWKDWDUHQRW
refunded; and
(b) Special use fuel license fees paid under
256
(3) The Department of Transportation shall
determine the amount of moneys to be trans-
IHUUHGXQGHUWKLVVHFWLRQDWTXDUWHUO\LQWHUYDOV
>F†F†F†@
802.130>F†F††
F†F†F†
F†F†UHSHDOHGE\
the person does not pay the fee charged under
this section, the department may do all of the
IROORZLQJ
(1) Suspend or cancel, or refuse to issue or
renew, any vehicle registration or title, vehi-
cle permit, driver license or driver permit in
payment of which the check or other order for
WKHSD\PHQWRIPRQH\ZDVSUHVHQWHG
(2) Authorize any department employee or
SROLFHRIÀFHUWRVHL]HDQGUHFRYHUDQ\HYLGHQFH
of the registration, title, license or permit sus-
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7KHUHLVFUHDWHGWKH6DIHW\(GXFDWLRQ)XQG
VHSDUDWHDQGGLVWLQFWIURPWKH*HQHUDO)XQG
,QWHUHVWHDUQHGE\WKHIXQGVKDOOEHFUHGLWHG
 ,IHYLGHQFHRIWKHVXVSHQGHGRUFDQFHOHG
registration, title, license or permit is not
recovered, refuse to conduct any further trans-
actions with the person until the fee charged
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RECORDS
 'HÀQLWLRQVIRU256WR
802.191. $VXVHGLQ256WR
WRWKHIXQG  ´0RWRUYHKLFOHUHFRUGµPHDQVDQ\UHFRUG
 0RQH\VGHSRVLWHGLQWKH6DIHW\(GXFD- that pertains to a grant of driving privileges,
tion Fund from the Criminal Fine Account are DQLGHQWLÀFDWLRQFDUGLVVXHGE\WKH'HSDUW-
FRQWLQXRXVO\DSSURSULDWHGWRWKHRIÀFHRIWKH ment of Transportation, a vehicle title or a
administrator of the Transportation Safety YHKLFOHUHJLVWUDWLRQ
section of the Department of Transportation  ´3HUVRQµPHDQVDQLQGLYLGXDODQRUJD-
WREHXVHGIRUVDIHW\HGXFDWLRQSURJUDPV nization or an entity, but does not include the
(a) That provide injury prevention education 6WDWHRI2UHJRQRUDQ\DJHQF\WKHUHRI
RQWUDIÀFVDIHW\LVVXHVIRUHDFKDJHJURXSLQ  ´3HUVRQDOLQIRUPDWLRQµPHDQVWKHIROORZ-
the kindergarten through college ages; LQJLQIRUPDWLRQWKDWLGHQWLÀHVDQLQGLYLGXDO
(b) That have been recipients of funds under  D'ULYHUOLFHQVHGULYHUSHUPLWRULGHQWLÀ-
86&IRUDWOHDVWWKUHH\HDUV cation card number;
(c) That are found by the Transportation (b) Name;
Safety section to be effective, as measured by
the three-year reporting cycle funded under  F$GGUHVVH[FOXGLQJÀYHGLJLW]LSFRGH
86&DQG and
 G7KDWRSHUDWHVWDWHZLGH>F†
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802.160 Use of revocation and suspen-
sion reinstatement fees. The fees collected
XQGHU256IRUWKHUHLQVWDWHPHQWRI
suspended and revoked driving privileges
shall be applied by the Department of Trans-
portation to the cost of preparing and serving
notices of suspension or revocation and to the
cost of administering the driver improvement
SURJUDPDXWKRUL]HGXQGHU256>
F†@
802.170 Uncollectible tender of pay-
ment; procedures. ,IDQ\SHUVRQSD\VWKH
Department of Transportation any fee or tax
with a bank check and the check is returned to
the department as uncollectible, or if a person
pays the department with a credit or debit card
and for any reason the department does not
get payment from the issuer of the card, the
department may charge the person the fee
for dishonored checks or other orders for the
 G7HOHSKRQHQXPEHU>F†
F†F†@
802.177 Prohibition on release of per-
sonal information from motor vehicle
records. ([FHSWDVRWKHUZLVHSURYLGHGLQ256
QHLWKHUWKH'HSDUWPHQWRI7UDQVSRU-
WDWLRQQRUDQ\RIÀFHUHPSOR\HHRUFRQWUDFWRU
of the department may knowingly disclose or
otherwise make available to any person per-
sonal information about an individual that is
obtained by the department in connection with
DPRWRUYHKLFOHUHFRUG>F†@
802.179 Exemptions from prohibition
on release of personal information from
motor vehicle records; rules. (1) The
Department of Transportation, upon request
or as required by law, shall disclose personal
information from a motor vehicle record to a
government agency for use in carrying out its
JRYHUQPHQWDOIXQFWLRQV
(2) The department shall disclose personal
information from a motor vehicle record for use
in connection with matters of motor vehicle or
driver safety and theft, motor vehicle emis-
SD\PHQWRIPRQH\XQGHU256,I sions, motor vehicle product alterations, recalls

Title 59 Page 32 (2015 Edition)

 $'0,1,675$7,9(3529,6,216  

or advisories, performance monitoring of motor information under this subsection only for
vehicles and dealers by motor vehicle manufac- research sponsored by an educational insti-
turers, and removal of nonowner records from WXWLRQRUDKHDOWKUHVHDUFKLQVWLWXWLRQ
the original owner records of motor vehicle  7KHGHSDUWPHQWVKDOOGLVFORVHSHUVRQDO
manufacturers to carry out the purposes of information to an insurer, an insurance sup-
DQ\RIWKHIROORZLQJIHGHUDO$FWV port organization or a self-insured entity in
 D7KH$XWRPRELOH,QIRUPDWLRQ'LVFORVXUH connection with claims investigation activities,
$FW DQWLIUDXGDFWLYLWLHVXQGHUZULWLQJRUUDWLQJ
 E7KH0RWRU9HKLFOH,QIRUPDWLRQDQG&RVW (7) The department shall disclose personal
6DYLQJ$FW information regarding ownership or other
 F7KH1DWLRQDO7UDIÀFDQG0RWRU9HKLFOH ÀQDQFLDOLQWHUHVWVLQDYHKLFOHWRDSHUVRQ
6DIHW\$FWRI who is required by the state or federal Con-
stitution, a statute or an ordinance to give
 G7KH$QWL&DU7KHIW$FWRI notice to another person concerning the vehi-
 H7KH&OHDQ$LU$FW FOH3HUVRQDOLQIRUPDWLRQGLVFORVHGXQGHUWKLV
subsection may be used only for giving the
 D,IWKHGHSDUWPHQWGHWHUPLQHVWKDWD
business is a legitimate business, the depart-
ment shall disclose personal information to
the business for use in the normal course of
EXVLQHVVLQ (a) Tow companies;
(A) Verifying the accuracy of personal infor-
mation submitted to the business; or
(B) Correcting personal information sub-
PLWWHGWRWKHEXVLQHVVEXWRQO\LQRUGHUWR RZQHUVKLSULJKWVWRWKHYHKLFOH
(i) Prevent fraud;
(ii) Pursue legal remedies against the
individual who submitted the personal infor-
mation; or
(iii) Recover a debt from, or satisfy a security
LQWHUHVWDJDLQVWWKHLQGLYLGXDO
(b) The department shall adopt rules
specifying the kind of information that the
department will accept as evidence that a
EXVLQHVVLVDOHJLWLPDWHEXVLQHVV
(4) The department shall disclose personal
LQIRUPDWLRQWR
UHTXLUHGQRWLFH3HUVRQVDXWKRUL]HGWRUHFHLYH
personal information under this subsection
LQFOXGHEXWDUHQRWOLPLWHGWR
(b) Persons who have or are entitled to have
liens on the vehicle; and
(c) Persons taking an action that could affect
(8) The department shall disclose personal
information to any private security profes-
VLRQDOFHUWLÀHGXQGHU256$WREH
used for the purpose of determining ownership
of vehicles parked in a place over which the
private security professional, acting within
the scope of the professional’s employment,
H[HUFLVHVFRQWURO
(9) The department shall disclose personal
information to the employer of an individual
who holds commercial driving privileges, or
the insurer of the employer, to obtain or verify
LQIRUPDWLRQDERXWWKHLQGLYLGXDO
(10) The department shall disclose personal
 D$QDWWRUQH\DÀQDQFLDOLQVWLWXWLRQDV
GHÀQHGLQ256FKDSWHURUDFROOHFWLRQ
DJHQF\UHJLVWHUHGXQGHU256IRUXVH
in connection with a civil, criminal, adminis-
trative or arbitration proceeding in any court,
JRYHUQPHQWDJHQF\RUVHOIUHJXODWRU\ERG\
Permissible uses of personal information under
this paragraph include, but are not limited to,
service of process, investigation in anticipation
of litigation and the execution and enforcement
RIMXGJPHQWVDQGRUGHUV
(b) A process server acting as an agent for
an individual for use in serving documents in
connection with an existing civil, criminal,
administrative or arbitration proceeding, or
a judgment, in any court, government agency
RUVHOIUHJXODWRU\ERG\1RWKLQJLQWKLVSDUD-
graph limits the activities of a process server
when acting as an agent for an attorney, collec-
tion agency or like person or for a government
DJHQF\
(5) The department shall disclose personal
information other than names to a researcher
for use in researching health and educational
questions and providing statistical reports,
as long as the personal information is not
published, redisclosed or used to contact
LQGLYLGXDOV 7KH GHSDUWPHQW PD\ GLVFORVH
Title 59 Page 33
information to the operator of a private toll
IDFLOLW\IRUXVHLQFROOHFWLQJWROOV
(11) The department may not disclose
personal information for bulk distributors
of surveys, marketing materials or solicita-
WLRQVH[FHSWDVSURYLGHGLQWKLVVXEVHFWLRQ
The department shall implement methods and
SURFHGXUHVWRHQVXUH
(a) That individuals are offered an opportu-
nity to request that personal information about
themselves be disclosed to bulk distributors;
and
(b) That the personal information provided
by the department will be used, rented or sold
solely for bulk distribution of surveys, market-
LQJPDWHULDOVDQGVROLFLWDWLRQV
(12) The department shall disclose per-
sonal information to a person who requests
the information if the requester provides the
department with written permission from
the individual whose personal information is
UHTXHVWHG7KHZULWWHQSHUPLVVLRQIURPWKH
LQGLYLGXDOPXVWEHQRWDUL]HG
(13) The department shall disclose personal
information to a person who is in the business
(2015 Edition)
 OREGON VEHICLE CODE

of disseminating such information under the (19) The department shall disclose personal
IROORZLQJFRQGLWLRQV information to a procurement organization as
 D,QDGGLWLRQWRDQ\RWKHUUHTXLUHPHQWV
under the contract executed pursuant to
paragraph (b) of this subsection, the person
UHTXHVWLQJWKHLQIRUPDWLRQPXVWÀOHDSHU-
formance bond with the department in the
DPRXQWRI7KHERQGPXVWEHH[HFXWHG
in favor of the State of Oregon and its form is
VXEMHFWWRDSSURYDOE\WKH$WWRUQH\*HQHUDO
(b) The disseminator shall enter into a con-
WUDFWZLWKWKHGHSDUWPHQW$FRQWUDFWXQGHU
this paragraph shall contain at least the fol-
GHÀQHGLQ256IRUWKHSXUSRVHRIIDFLO-
itating the making of anatomical gifts under
WKHSURYLVLRQVRI256>F†
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†F†F††@
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802.181 Redisclosure by authorized
recipients of personal information from
ORZLQJSURYLVLRQV motor vehicle records. ([FHSWDVRWKHU-
(A) That the disseminator will not reproduce
or distribute the personal information in bulk
but only in response to an individual record
LQTXLU\
(B) That the disseminator will provide
the personal information only to a person
or government agency authorized to receive
the information under this section and only
if the person or government agency has been
authorized by the department to receive the
LQIRUPDWLRQ
(C) That the disseminator will have a
method of ensuring that the disseminator can
delay for a period of up to two days the giving
wise provided in subsections (2) to (5) of this
section, a person or government agency that is
DXWKRUL]HGXQGHU256WRUHFHLYHSHU-
sonal information from motor vehicle records
PD\UHVHOORUUHGLVFORVHWKHLQIRUPDWLRQRQO\
(a) To a person or government agency autho-
rized to receive the information under ORS
DQGRQO\LIWKHSHUVRQRUJRYHUQPHQW
agency is authorized by the Department of
Transportation to receive the resold or redis-
closed information; and
(b) For purposes authorized under ORS

(2) A researcher who receives personal infor-
of personal information to a requester who is PDWLRQXQGHU256PD\QRWUHVHOORU
QRWDVXEVFULEHU redisclose the information except as provided
(14) The department shall disclose personal LQ256
information to representatives of the news (3) A person who receives personal informa-
media for the gathering or dissemination of WLRQXQGHU256PD\QRWUHVHOORU
information related to the operation of a motor redisclose the information except as provided
YHKLFOHRUWRSXEOLFVDIHW\ LQ256
(15) The department shall disclose personal (4) A representative of the news media who
LQIRUPDWLRQDVSURYLGHGLQ256 receives personal information under ORS
 7KHGHSDUWPHQWVKDOODGRSWUXOHVSUR- PD\QRWUHVHOORUUHGLVFORVHWKH
viding for the release of personal information LQIRUPDWLRQH[FHSWDVSURYLGHGLQ256
from motor vehicle records to a person who
KDVDÀQDQFLDOLQWHUHVWLQWKHYHKLFOH5XOHV
adopted under this subsection may include,
but need not be limited to, rules establishing
procedures for the department to verify the
ÀQDQFLDOLQWHUHVWRIWKHSHUVRQPDNLQJWKH

(5) No one who receives personal information
IURPWKHGHSDUWPHQWXQGHU256PD\
sell or redisclose the information to a person
who is in the business of disseminating the
LQIRUPDWLRQ
UHTXHVWIRUSHUVRQDOLQIRUPDWLRQ
(17) The department shall adopt rules pro-
viding for the release of personal information
from motor vehicle records to a person who is
injured by the unsafe operation of a vehicle or
who owns property that is damaged because
RIWKHXQVDIHRSHUDWLRQRIDYHKLFOH
(18) The department shall disclose personal
information to a private investigator licensed
by any licensing authority within the State of
Oregon, to be used for any purpose permitted
 $SHUVRQZKRUHVHOOVRUUHGLVFORVHVSHU-
sonal information as authorized by this section,
other than a representative of the news media,
PXVWNHHSUHFRUGVIRUDSHULRGRIÀYH\HDUVWKDW
identify each person who receives the informa-
tion and the permitted purpose for which the
SHUVRQUHFHLYHGWKHLQIRUPDWLRQ5HFRUGVNHSW
in accordance with this subsection must be
PDGHDYDLODEOHWRWKHGHSDUWPHQWRQUHTXHVW
(7) A procurement organization that receives
personal information as authorized by ORS
XQGHUWKLVVHFWLRQ$OLFHQVHGSULYDWHLQYHV-
tigator requesting information must prove to
the department that the person has a corpo-
rate surety bond, an irrevocable letter of credit
LVVXHGE\DQLQVXUHGLQVWLWXWLRQDVGHÀQHGLQ
256RUVXFKRWKHUVHFXULW\DVWKH
Department of Public Safety Standards and
Training may prescribe by rule in the mini-
mum amount of $5,000 or errors and omissions
LQVXUDQFHLQWKHPLQLPXPDPRXQWRI
Title 59 Page 34
PD\QRWUHVHOORUUHGLVFORVHWKH
LQIRUPDWLRQ
(8) The State of Oregon is immune from lia-
bility for any claim resulting from the resale
or redisclosure of personal information under
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(2015 Edition)
 $'0,1,675$7,9(3529,6,216
802.183 Fees for and rules regarding
release of personal information from
motor vehicle records. (1) The Department
of Transportation may establish fees reason-
ably calculated to reimburse it for its actual
cost in making personal information available
to a person or government agency authorized
XQGHU256WRREWDLQWKHLQIRUPDWLRQ
Fees established under this subsection are sub-
 
person who has knowingly obtained or used
personal information about the aggrieved
SHUVRQLQYLRODWLRQRI256WR
The action shall be for actual damages or
$2,500, whichever is greater, plus attorney
fees and court costs reasonably incurred in
WKHDFWLRQ
(2) A person aggrieved by a violation of
256WRDGLVWULFWDWWRUQH\
MHFWWRWKHSURYLVLRQVRI256WR
(2) The department may adopt rules specify-
ing conditions that must be met by a person or
government agency requesting personal infor-
PDWLRQXQGHU2566XFKFRQGLWLRQV
PD\LQFOXGHEXWQHHGQRWEHOLPLWHGWR of personal information in violation of ORS
(a) Providing reasonable assurance of the
identity of the requester;
(b) Providing reasonable assurance of the
uses to which the personal information will be
put, if applicable;
(c) Showing that the individual whose per-
sonal information is to be disclosed has given
permission for the disclosure, if permission is
required; and
or the Attorney General may obtain appropri-
DWHUHOLHIWRHQIRUFH256WR
together with attorney fees and costs reason-
DEO\LQFXUUHGLQDQDFWLRQIRUUHOLHI
(3) Any person whose use or obtaining
WRVXEMHFWVWKH6WDWHRI2UHJRQ
to any liability or claim shall indemnify and
hold harmless this state from all such liability
and any claims, including attorney fees and
court costs, incurred in any proceeding arising
XQGHU256WR>F†@
802.195 Social Security numbers; dis-
closure; fees; penalty. (1) As used in this
VHFWLRQ
(d) Submitting a written request for the per-
sonal information in a form prescribed by the
GHSDUWPHQW>F†F†@
802.185 Notice to individual of certain
requests for information; waiver. The
 D´0RWRUYHKLFOHUHFRUGµPHDQVDQ\UHFRUG
that pertains to a grant of driving privileges,
DQLGHQWLÀFDWLRQFDUGLVVXHGE\WKH'HSDUW-
ment of Transportation, a vehicle title or a
YHKLFOHUHJLVWUDWLRQ
Department of Transportation may establish
a procedure under which the department, upon
receiving a request for disclosure of personal
information that does not come from a person
or government agency authorized under ORS
WRUHFHLYHWKHLQIRUPDWLRQRUGRHVQRW
fall within one of the uses permitted under
256PD\PDLODFRS\RIWKHUHTXHVW
to the individual about whom the information
ZDVUHTXHVWHG7KHFRS\RIWKHUHTXHVWVKDOOEH
accompanied by a statement that the personal
information requested will not be disclosed
unless the individual waives any right to pri-
YDF\FUHDWHGE\256WR>
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802.187 Relationship to other privacy
statutes; access to information about
 E´3HUVRQµKDVWKHPHDQLQJJLYHQWKDW
WHUPLQ256
(2) Neither the Department of Transpor-
WDWLRQQRUDQ\RIÀFHUHPSOR\HHRUFRQWUDFWRU
of the department may knowingly disclose or
otherwise make available to any person an
individual’s Social Security number that is
obtained by the department in connection with
DPRWRUYHKLFOHUHFRUG
(3) Notwithstanding subsection (2) of this
section, the department may, upon the request
of another government agency, or shall, as
required by law, disclose an individual’s Social
Security number from a motor vehicle record
to the other agency for use in carrying out the
RWKHUDJHQF\·VJRYHUQPHQWDOIXQFWLRQV
(4) An Oregon government agency that
self. 1RWKLQJLQ256WR receives an individual’s Social Security
authorizes disclosure by the Department of number under subsection (3) of this section
Transportation of personal information that may not redisclose the Social Security number
is barred from disclosure by the provisions of H[FHSWDVUHTXLUHGE\ODZ$Q2UHJRQJRYHUQ-
256RU ment agency that rediscloses a Social Security
  1RWKLQJ LQ 256  WR 
prohibits an individual from having access to
personal information about the individual that
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F†@
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256WR.QRZLQJO\REWDLQLQJ
or using personal information from a motor
YHKLFOHUHFRUGLQYLRODWLRQRI256WR
LVD&ODVV$PLVGHPHDQRU>F
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number as authorized by this subsection shall
NHHSIRUÀYH\HDUVUHFRUGVWKDWLGHQWLI\HDFK
other government agency that receives the
6RFLDO 6HFXULW\ QXPEHU 5HFRUGV NHSW LQ
accordance with this subsection must be made
DYDLODEOHWRWKHGHSDUWPHQWXSRQUHTXHVW
(5) The department may establish fees
reasonably calculated to reimburse the
department for the actual cost of making an
individual’s Social Security number available
to a government agency as required in subsec-
802.191 Civil action for violation of ORS WLRQRIWKLVVHFWLRQ
802.175 to 802.187. (1) A person aggrieved  1RWKLQJLQWKLVVHFWLRQSURKLELWVDQLQGL-
E\DQLQWHQWLRQDOYLRODWLRQRI256WR vidual from having access to that individual’s
PD\EULQJDQDFWLRQDWODZDJDLQVWD

Title 59 Page 35 (2015 Edition)

 OREGON VEHICLE CODE

own Social Security number that is contained  I,IWKHYHKLFOHKDVEHHQUHSRUWHGWRWKH

LQPRWRUYHKLFOHUHFRUGV department as a totaled vehicle under the pro-
 .QRZLQJO\REWDLQLQJRUXVLQJD6RFLDO YLVLRQVRI256RUWKHUHFRUGV
Security number from a motor vehicle record shall indicate that the vehicle is a totaled vehi-
in violation of this section is a Class A cle unless the reason for the report was theft
PLVGHPHDQRU DQGWKHYHKLFOHKDVEHHQUHFRYHUHG
(8) A person aggrieved by violation of this
section may bring a civil action against a
person who has knowingly obtained or used
the aggrieved person’s Social Security number
LQYLRODWLRQRIWKLVVHFWLRQ7KHDFWLRQVKDOO
be for actual damages or $2,500, whichever
is greater, plus attorney fees and court costs
 ,IDYHKLFOHWKDWKDVEHHQUHJLVWHUHGRU
titled in another jurisdiction is registered or
titled in this state, the department shall retain
a record of any odometer readings shown on
the title or registration documents submitted
to the department at the time of registration
RUWLWOH
UHDVRQDEO\LQFXUUHGLQWKHDFWLRQ
(9) A person aggrieved by a violation of
this section, a district attorney or the Attor-
ney General may obtain appropriate relief to
enforce this section, together with attorney
IHHVDQGFRVWVUHDVRQDEO\LQFXUUHGLQDQDFWLRQ
(10) Any person whose use or acquisition
of a Social Security number in violation of
this section subjects the State of Oregon to
any liability or claim shall indemnify and hold
harmless this state from all such liabilities
and claims, including attorney fees and court
costs, incurred in any action brought under
WKLVVHFWLRQ>F†@
802.200 Required records. ,QDGGLWLRQWR
any other records the Department of Transpor-
tation may establish, the department is subject
WRWKHIROORZLQJSURYLVLRQVFRQFHUQLQJUHFRUGV
(1) The department shall maintain records
FRQFHUQLQJWKHWLWOLQJRIYHKLFOHVLQWKLVVWDWH
The records under this subsection shall include
WKHIROORZLQJ for the report was theft and the vehicle has
(a) For vehicles issued a title by this state,
the records shall identify the vehicle and con-
WDLQWKHIROORZLQJ registration of vehicles that the department
(A) The name of the vehicle owner and any
security interest holders in order of priority,
except that a security interest holder need not
EHLGHQWLÀHGLIWKHGHEWRUZKRJUDQWHGWKH
interest is in the business of selling vehicles
and the vehicles constitute inventory held for
sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
 ([FHSWDVRWKHUZLVHSURYLGHGLQ256
 WKH GHSDUWPHQW VKDOO PDLQWDLQ
records concerning the registration of vehicles
UHTXLUHGWREHUHJLVWHUHGE\WKHGHSDUWPHQW
The records concerning the registration of
vehicles may be stored along with records
FRQFHUQLQJWKHWLWOLQJRIYHKLFOHV7KHUHFRUGV
under this subsection shall include the
IROORZLQJ
(a) For vehicles registered by the depart-
ment, the records shall identify the vehicle and
FRQWDLQWKHIROORZLQJ
(A) The registration plate number assigned
by the department to the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle iden-
WLÀFDWLRQQXPEHUDQG
(D) An indication that the vehicle is a totaled
vehicle if it has been reported to the depart-
ment as a totaled vehicle under the provisions
RI256RUXQOHVVWKHUHDVRQ
EHHQUHFRYHUHG
(b) Any other information concerning the
FRQVLGHUVFRQYHQLHQWRUDSSURSULDWH
(4) The department shall maintain separate
UHFRUGVIRUWKHUHJXODWLRQRIYHKLFOHGHDOHUV
The records required under this subsection
shall include the following information about
SHUVRQVLVVXHGGHDOHUFHUWLÀFDWHV
(a) The person’s application for a vehicle
GHDOHUFHUWLÀFDWH
(b) An alphabetical index of the name of each
 ':KHWKHUDFHUWLÀFDWHRIWLWOHZDVLVVXHG SHUVRQDSSO\LQJIRUDYHKLFOHGHDOHUFHUWLÀFDWH
IRUWKHYHKLFOH (c) A numerical index according to the
 E,IWKHYHKLFOHLVDQDQWLTXHYHKLFOHWKDWLV distinctive number assigned to each vehicle
reconstructed, the records shall indicate that GHDOHU
WKHYHKLFOHLVUHFRQVWUXFWHG  7KHGHSDUWPHQWVKDOOPDLQWDLQDÀOHRQ
 F,IWKHYHKLFOHLVDUHSOLFDWKHUHFRUGV
VKDOOLQGLFDWHWKDWWKHYHKLFOHLVDUHSOLFD
(d) Any other information concerning the
titling of vehicles that the department consid-
HUVFRQYHQLHQWRUDSSURSULDWH
(e) All odometer disclosures and readings
for a vehicle that are reported to the depart-
PHQWXQGHUSURYLVLRQVRIWKHYHKLFOHFRGH7KH
vehicles for which the title record is canceled
XQGHU 256  7KH UHFRUGV UHTXLUHG
under this subsection shall disclose the last
registered owner of each vehicle, any security
interest holder or holders and lessors of each
vehicle as shown by the canceled title record
for each vehicle and the make and year model
IRUHDFKYHKLFOH
department shall keep the most recent version  7KHGHSDUWPHQWVKDOOPDLQWDLQDUHFRUG
of records required under this paragraph in of each agreement or declaration under ORS
HOHFWURQLFIRUP DQG

Title 59 3DJH (2015 Edition)

 $'0,1,675$7,9(3529,6,216  

(7) The department shall maintain separate 256DOOVXVSHQVLRQVRIGULYLQJSULYL-

and comprehensive records of all transactions leges required to be placed on the record under
DIIHFWLQJWKH5HYROYLQJ$FFRXQWIRU(PHUJHQF\ 256DOOVXVSHQVLRQVRIWKHSHUVRQ·V
&DVK$GYDQFHVGHVFULEHGXQGHU256 commercial driving privileges that result from
(8) The department shall maintain suitable operation or use of a commercial motor vehicle
records of driver licenses, driver permits and and all convictions of the person for violation
LGHQWLÀFDWLRQ FDUGV 7KH UHFRUGV UHTXLUHG of motor vehicle laws except convictions for
under this subsection shall include all of the offenses requiring mandatory revocation or
IROORZLQJ suspension of driving privileges under ORS
   WR  DQG
 D$QLQGH[E\QDPHDQGQXPEHU EXWVKDOOLQFOXGHRQO\VXFKDFFLGHQWV
(b) Supporting documentation of all driver suspensions and convictions that occur while
OLFHQVHVGULYHUSHUPLWVRULGHQWLÀFDWLRQFDUGV WKHSHUVRQLVGULYLQJDPRWRUYHKLFOH
LVVXHG  $,QWKHFRXUVHRIWKHSHUVRQ·VHPSOR\PHQW
 F(YHU\DSSOLFDWLRQIRUDGULYHUOLFHQVH when the person is employed by another for the
GULYHUSHUPLWRULGHQWLÀFDWLRQFDUG principal purpose of driving a motor vehicle;
(d) All driver licenses or driver permits that (B) Carrying persons or property for
KDYHEHHQVXVSHQGHGRUUHYRNHG compensation;
(e) For each driver license, driver permit or
LGHQWLÀFDWLRQFDUGWKH6RFLDO6HFXULW\QXPEHU
of the person to whom the driver license, driver
SHUPLWRULGHQWLÀFDWLRQFDUGLVLVVXHGRUSURRI
that the person is not eligible for a Social Secu-
ULW\QXPEHU
(f) For each commercial driver license and
 &,QWKHFRXUVHRIWKHSHUVRQ·VHPSOR\PHQW
in the collection, transportation or delivery
of mail if the vehicle is government owned or
marked for the collection, transportation or
delivery of mail in accordance with government
rules;
(D) That is an authorized emergency vehicle;
commercial learner driver permit, the Social  (7KDWLVDFRPPHUFLDOPRWRUYHKLFOHRU
Security number of the person to whom the
license or permit is issued, or any other number  ),QWKHFRXUVHRIWKHSHUVRQ·VHPSOR\PHQW
or identifying information that the Secretary with a federal, state or local government in a
of the United States Department of Transpor- public works project involving repair or main-
tation determines appropriate to identify the WHQDQFHRIZDWHUVHZHURUURDGV\VWHPV
SHUVRQ (c) The nonemployment driving record shall
(9) The Department of Transportation shall LQFOXGHWKHSHUVRQ·V
maintain a two-part driving record consisting (A) Motor vehicle accidents that the person
of an employment driving record and a non- LVUHTXLUHGWRUHSRUWXQGHU256RWKHU
employment driving record for each person than the motor vehicle accidents that are
DVUHTXLUHGXQGHUWKLVVXEVHFWLRQ$OORIWKH included on the person’s employment driving
following apply to the records required under record;
WKLVVXEVHFWLRQ (B) Suspensions, cancellations and revo-
(a) The department shall maintain driving cations of licenses, permits and driving
UHFRUGVRQ privileges;
 $(YHU\SHUVRQZKRLVJUDQWHGGULYLQJ (C) Convictions for violation of the motor
privileges under a driver license, driver permit vehicle laws other than those included in the
or a statutory grant of driving privileges under employment driving record including, for each
256 YLRODWLRQRI256RUWKHVSHHG
 %(YHU\SHUVRQZKRVHGULYLQJSULYLOHJHV at which the person was convicted of traveling
have been suspended, revoked or canceled and the posted speed, the speed limit or the
under this vehicle code; speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropri-
 &(YHU\SHUVRQZKRKDVÀOHGDQDFFLGHQW ate; and
UHSRUWXQGHU256RUDQG
(D) Diversion agreements entered into under
 '(YHU\SHUVRQZKRLVUHTXLUHGWRSUR- 256ZLWKLQWKHSUHFHGLQJ\HDUV
YLGHIXWXUHUHVSRQVLELOLW\ÀOLQJVXQGHU256
RU (d) The department may record other entries
to indicate correspondence, interviews, par-
 E,QDGGLWLRQWRRWKHULQIRUPDWLRQUHTXLUHG
by this paragraph, the employment driving
record shall include all reports of drug test
results that are made to the department under
256RU1RWZLWKVWDQGLQJDQ\
other provision of law, release of the portion
of the employment driving record that shows
GUXJWHVWUHVXOWVUHSRUWHGXQGHU256
RULVSHUPLWWHGRQO\LQDFFRUGDQFHZLWK
2567KHHPSOR\PHQWGULYLQJUHFRUG
shall also include all motor vehicle accidents
that the person is required to report under
Title 59 Page 37
ticipation in driver improvement programs
or other matters concerning the status of the
GULYLQJSULYLOHJHVRIWKHSHUVRQ
(e) When a person from another jurisdiction
applies for a driver license or driver permit
issued by this state, the department shall
request a copy of the person’s driving record
IURPWKHRWKHUMXULVGLFWLRQ$WWKHWLPHWKH
person is issued a license in Oregon, the record
from the other jurisdiction shall become part
of the driver’s record in this state with the
(2015 Edition)
 OREGON VEHICLE CODE
same force and effect as though entered on
the driver’s record in this state in the orig-
LQDOLQVWDQFH7KHGHSDUWPHQWE\UXOHPD\
specify methods for converting entries from
RXWRIVWDWHUHFRUGVIRUXVHLQ2UHJRQ
(f) When a suspension of a driver permit,
driver license or other driving privilege is
placed on the driving record under ORS
IRUIDLOXUHWRDSSHDULQFRXUWRQD
WUDIÀFFULPHWKHGHSDUWPHQWVKDOOQRWHRQ
the record that the suspension was for fail-
ure to appear in court and shall also note the
offense charged against the person on which
WKHSHUVRQIDLOHGWRDSSHDU
(g) The Department of Transportation, in
consultation with the Department of State
Police, shall devise and implement a method
of noting suspensions and revocations of driv-
ing privileges on the record in such a way that
police agencies can determine directly from
the record what class of offense, as provided
by law, is committed by a person who drives
LQYLRODWLRQRIWKHVXVSHQVLRQRUUHYRFDWLRQ
,IWKH'HSDUWPHQWRI7UDQVSRUWDWLRQDQGWKH
Department of State Police devise a mutually
F††F†F†
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802.202 Conditions for disclosure of
drug test results. The Department of Trans-
portation shall disclose information about a
drug test result that is made to the depart-
PHQWXQGHU256RURQO\LIWKH
person who requests the information provides
the department with written permission from
WKHSHUVRQZKRLVWKHVXEMHFWRIWKHUHSRUW
>F†F†@
802.210 Records of notices of approach-
ing expiration of registration or license
not required. The Department of Transpor-
tation is not required to maintain records on
DQ\RIWKHIROORZLQJ
(1) The preparation and sending of notices
required on approaching expiration of regis-
WUDWLRQXQGHU256
(2) The preparation and mailing of notices
required on approaching expiration of driver
OLFHQVHRUGULYHUSHUPLWXQGHU256
>F†F†F†@
802.220 Availability of records; fees
agreeable alternative method of informing
police agencies of the nature of a suspension
or revocation and the consequences of its viola-
tion, the implementation of that method shall
satisfy the duty of the Department of Trans-
SRUWDWLRQXQGHUWKLVSDUDJUDSK
(10) The Department of Transportation shall
maintain records of judgments or convictions
VHQWWRWKHGHSDUWPHQWXQGHU256
(11) The department shall maintain accident
UHSRUWVÀOHGZLWKWKHGHSDUWPHQWXQGHU256
DQGWR
(12) The department shall maintain records
of bank checks or money orders returned under
256
(13) The department shall maintain records
of trip permits issued by the department under
256DVSURYLGHGXQGHUWKLVVXEVHF-
WLRQ7KHUHFRUGVUHTXLUHGE\WKLVVXEVHFWLRQ
VKDOOLQFOXGHWKHIROORZLQJ XQGHU256VKDOOEHRSHQWRWKHLQVSHF-
authorized.  ([FHSW DV RWKHUZLVH SUR-
YLGHGLQWKLVVXEVHFWLRQDQG256
the records the Department of Transporta-
WLRQPDLQWDLQVXQGHU256RQYHKLFOHV
DUHSXEOLFUHFRUGV7KHUHFRUGVRIYHKLFOHV
UHJLVWHUHGXQGHU256DUHQRWSXEOLF
records and are exempt from public inspection
DVSURYLGHGXQGHU256$DQGDUHIRU
WKHFRQÀGHQWLDOXVHRIFULPLQDOMXVWLFHDJHQFLHV
GHVFULEHGXQGHU256$7KHGHSDUW-
ment may charge the fee established under
256IRUIXUQLVKLQJLQIRUPDWLRQXQGHU
WKLVVHFWLRQFRQFHUQLQJDYHKLFOHRULWVRZQHU
(2) The department may charge the fee
HVWDEOLVKHGXQGHU256IRUIXUQLVK-
ing to the public information from the records
WKHGHSDUWPHQWPDLQWDLQVXQGHU256
FRQFHUQLQJGULYHUOLFHQVHVRUGULYHUSHUPLWV
(3) The records the department keeps under
256  RQ MXGJPHQWV RU FRQYLFWLRQV
 D$GHVFULSWLRQRIWKHYHKLFOHVXIÀFLHQWWR tion of any person during reasonable business
LGHQWLI\WKHYHKLFOH KRXUV1RWKLQJLQWKLVVXEVHFWLRQDXWKRUL]HV
(b) The person to whom the permit was WKHUHOHDVHRISHUVRQDOLQIRUPDWLRQDVGHÀQHG
LVVXHG LQ256
 F:KHQWKHSHUPLWZDVLVVXHG (4) The department shall upon request
IXUQLVKDQ\SHUVRQFHUWLÀHGDEVWUDFWVRIWKH
 G7KHW\SHRISHUPLWLVVXHG
(e) For registration weight trip permits, the
maximum allowable registration weight per-
PLWWHGIRURSHUDWLRQXQGHUWKHSHUPLW
(f) Any other information the department
GHWHUPLQHVDSSURSULDWHRUFRQYHQLHQW>
F†F†F†
F†DF†F†E
F†F†F†
F†F†F†
F†F†F†
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employment driving record and the nonem-
ployment driving record of any person whose
driving records are maintained under ORS
,IDQDEVWUDFWRIWKHHPSOR\PHQW
GULYLQJUHFRUGLVQRWVSHFLÀFDOO\UHTXHVWHG
the department shall only furnish an abstract
RIWKHQRQHPSOR\PHQWGULYLQJUHFRUG1RWKLQJ
in this subsection authorizes the release of per-
VRQDOLQIRUPDWLRQDVGHÀQHGLQ256
The department shall collect the fee estab-
lished for abstracts of driving records under
256$FHUWLÀHGDEVWUDFWLVVXHGXQGHU
this section shall not contain any of the fol-
lowing, unless the abstract is being requested
F†F†F† XQGHU256
F†F†F†

Title 59 Page 38 (2015 Edition)

 $'0,1,675$7,9(3529,6,216
(a) Any accident or conviction for violation of
motor vehicles laws that occurred more than
three years immediately preceding a request
IRUDEVWUDFW
(b) Any suspension ordered under ORS
DIWHUWKHGHSDUWPHQWKDVUHFHLYHG
notice to reinstate a person’s suspended driv-
LQJSULYLOHJHVXQGHU256
(c) Any diversion agreement under ORS
HQWHUHGLQWRPRUHWKDQWKUHH\HDUV
immediately preceding a request for the
DEVWUDFW
 
Nothing in this subsection authorizes the
UHOHDVHRISHUVRQDOLQIRUPDWLRQDVGHÀQHGLQ
256>F†F†
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802.230 Fees for records. (1) The fee for
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
VXEVHFWLRQ DFFLGHQW UHSRUWV ÀOHG ZLWK WKH
GHSDUWPHQWXQGHU256RU
VKDOOEHZLWKRXWSUHMXGLFHWRWKHLQGL-
YLGXDOÀOLQJWKHUHSRUWDQGVKDOOEHIRUWKH
FRQÀGHQWLDOXVHRIVWDWHDGPLQLVWUDWLYHDQG
HQIRUFHPHQWDJHQFLHV7KHGHSDUWPHQWPD\XVH
WKHFRQÀGHQWLDODFFLGHQWUHSRUWVWRSURYLGHWKH
IROORZLQJLQIRUPDWLRQWRWKHSHUVRQVGHVFULEHG
(a) Upon request, the department shall dis-
close the following information to any party
involved in the accident or to their personal
representative or any member of the family of
DSDUW\LQYROYHGLQWKHDFFLGHQW concerning trip permit records under ORS
(A) The identity of the owner, driver, occu-
pants and the registration number of a vehicle
involved in the accident;
(B) The names of any companies insuring
the owner or driver of a vehicle involved in the
accident; and
(C) The names of any witnesses to the
furnishing information concerning vehicle
UHJLVWUDWLRQUHFRUGVXQGHU256LVD
reasonable fee established by the Department
RI7UDQVSRUWDWLRQ
(2) The fee for furnishing information con-
cerning driver licenses or driver permits under
256LVDUHDVRQDEOHIHHHVWDEOLVKHG
E\WKHGHSDUWPHQW
(3) The fee for an abstract of driving record
XQGHU256LVDUHDVRQDEOHIHHHVWDE-
OLVKHGE\WKHGHSDUWPHQW
(4) The fee for furnishing information
LVDUHDVRQDEOHIHHHVWDEOLVKHGE\WKH
GHSDUWPHQW
(5) The fee for separate records on vehicle
RGRPHWHUUHDGLQJVXQGHU256LVD
UHDVRQDEOHIHHHVWDEOLVKHGE\WKHGHSDUWPHQW
>F†F†F†
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802.240 Driver and vehicle records as
DFFLGHQW evidence. ,QDOODFWLRQVVXLWVRUFULPLQDO
 E7KHGHSDUWPHQWVKDOOIXUQLVKDFHUWLÀ-
FDWHVKRZLQJWKDWDVSHFLÀHGDFFLGHQWUHSRUW
has or has not been made to the department
upon demand of any person who has or claims
to have made such a report or upon demand of
DFRXUW
proceedings when the title to, or right of pos-
session of, any vehicle is involved, the record of
WLWOHDVLWDSSHDUVLQWKHÀOHVDQGUHFRUGVRIWKH
Department of Transportation, is prima facie
evidence of ownership or right to possession of
WKHYHKLFOH$VXVHGLQWKLVVHFWLRQWKHUHFRUG
  7KH GHSDUWPHQW VKDOO WDEXODWH DQG
may analyze all accident reports to develop
statistical information based thereon as to the
QXPEHUDQGFLUFXPVWDQFHVRIWUDIÀFDFFLGHQWV
The department shall publish information com-
of title does not include records of salvage titles
XQOHVVWKHUHFRUGLWVHOILVWKHVDOYDJHWLWOH
Proof of the ownership or right to possession
of a vehicle shall be made by means of any of
WKHIROORZLQJPHWKRGV
piled under this section in the manner provided  D7KHRULJLQDOFHUWLÀFDWHRIWLWOHDVSUR-
XQGHU256 YLGHGXQGHU256
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLV  E$FRS\FHUWLÀHGE\WKHGHSDUWPHQWRIWKH
subsection, the records the department is title record of the vehicle as the record appears
UHTXLUHGXQGHU256WRPDLQWDLQRQ LQWKHÀOHVDQGUHFRUGVRIWKHGHSDUWPHQW
WULSSHUPLWVLVVXHGXQGHU256DUH
SXEOLFUHFRUGV7KHGHSDUWPHQWPD\FKDUJH
DIHHHVWDEOLVKHGXQGHU256IRUIXU-
nishing information from the records on trip
SHUPLWV1RWKLQJLQWKLVVXEVHFWLRQDXWKRUL]HV
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LQ256
(8) The records the department maintains
XQGHU 256  FRQFHUQLQJ RGRPHWHU
UHDGLQJVIRUYHKLFOHVDUHSXEOLFUHFRUGV7KH
department may separately furnish informa-
tion concerning odometer readings shown by
LWVUHFRUGV7KHGHSDUWPHQWPD\FKDUJHWKHIHH
HVWDEOLVKHGXQGHU256IRULQIRUPD-
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Title 59 Page 39
  ([WULQVLF HYLGHQFH RI DXWKHQWLFLW\ LV
not required as a condition precedent to the
admission of a copy of a document relating to
the privilege of any person to drive a motor
YHKLFOHDXWKRUL]HGE\ODZWREHÀOHGDQGDFWX-
DOO\ÀOHGLQWKHUHFRUGVRIWKHGHSDUWPHQWLI
the copy bears a seal purporting to be that of
WKHGHSDUWPHQWDQGLVFHUWLÀHGDVDWUXHFRS\
by original or facsimile signature of a person
SXUSRUWLQJWREHDQRIÀFHURUHPSOR\HHRIWKH
GHSDUWPHQW7KLVVXEVHFWLRQDSSOLHVWRFRSLHV
RIDGDWDFRPSLODWLRQLQDQ\IRUP&RSLHVRI
GRFXPHQWVFHUWLÀHGLQDFFRUGDQFHZLWKWKLV
subsection constitute prima facie evidence of
WKHH[LVWHQFHRIWKHIDFWVVWDWHGWKHUHLQ
(2015 Edition)
 OREGON VEHICLE CODE

 $FHUWLÀHGFRS\RIDSHUVRQ·VGULYLQJ the security interest unless the date is invalid

UHFRUGDVPDLQWDLQHGE\WKHGHSDUWPHQW DVSURYLGHGXQGHU256
(a) May be admitted as evidence in any  $UHSRUWÀOHGE\DSK\VLFLDQRUKHDOWK
KHDULQJRUSURFHHGLQJXQGHU256WR FDUH SURYLGHU XQGHU 256  LV FRQÀ-
 dential and may not be admitted as evidence
 E,VSULPDIDFLHHYLGHQFHWKDWWKHSHUVRQ LQ DQ\ FLYLO RU FULPLQDO DFWLRQ $ UHSRUW
named therein was duly convicted of each described in this subsection may be used in
RIIHQVHVKRZQE\WKHUHFRUG an administrative hearing or an appeal from
an administrative hearing in which an issue is
 F,VSULPDIDFLHHYLGHQFHWKDWWKHSHUVRQ
named therein is participating in or has par-
WLFLSDWHGLQDGULYLQJXQGHUWKHLQÁXHQFHRI
intoxicants diversion program or in any similar
alcohol or drug rehabilitation program in this
state or in any other jurisdiction if the record
shows that the person has participated in such
DSURJUDP
(4) Records and actions described in this
subsection shall not be referred to in any way
or admitted into evidence or be any evidence of
the negligence or due care of any party at the
WULDORIDQ\DFWLRQDWODZWRUHFRYHUGDPDJHV
7KLVVXEVHFWLRQDSSOLHVWRDOORIWKHIROORZLQJ address contain instead the address of the
(a) The report required following an
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802.250 Records containing residence
address of eligible public employee or
household member. (1) An eligible public
employee may request that any driver or
vehicle record kept by the Department of
Transportation that contains or is required
to contain the eligible employee’s residence
SXEOLFDJHQF\HPSOR\LQJWKHHOLJLEOHHPSOR\HH
$UHTXHVWXQGHUWKLVVHFWLRQVKDOO
(b) Any action taken by the department to  D%HLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW
revoke or suspend a driver license or driver WKDWSURYLGHVIRUYHULÀFDWLRQRIWKHHOLJLEOH
permit or taken by the department under HPSOR\HH·VHPSOR\PHQW
WKHÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVRI  E&RQWDLQYHULÀFDWLRQE\WKHHPSOR\LQJ
WKHYHKLFOHFRGHRUWKHÀQGLQJVLIDQ\RIWKH public agency of the eligible employee’s employ-
department upon which such action of the PHQWZLWKWKHSXEOLFDJHQF\
GHSDUWPHQWLVEDVHG
 8SRQUHFHLSWRIDUHTXHVWDQGYHULÀFDWLRQ
(c) Any deposit of security required under under subsection (1) of this section, the depart-
WKHÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVRI ment shall remove the eligible employee’s
WKHYHKLFOHFRGH residence address from its records, if neces-
 ([FHSWDVSURYLGHGLQWKLVVXEVHFWLRQ sary, and substitute therefor the address of the
WKHDFFLGHQWUHSRUWVÀOHGZLWKWKHGHSDUWPHQW SXEOLFDJHQF\HPSOR\LQJWKHHOLJLEOHHPSOR\HH
XQGHU256RUVKDOO The department shall indicate on the records
EHZLWKRXWSUHMXGLFHWRWKHLQGLYLGXDOÀOLQJ that the address shown is an employment
the report and no such report shall be used as DGGUHVV:KLOHWKHUHTXHVWLVLQHIIHFWWKH
evidence in any trial, civil or criminal, aris- eligible employee may enter the address of the
LQJRXWRIDQDFFLGHQW7KHIROORZLQJXVHVDUH public agency employing the eligible employee
DOORZDEOHXQGHUWKLVVXEVHFWLRQ on any driver or vehicle form issued by the
GHSDUWPHQWWKDWUHTXLUHVDQDGGUHVV
 D7KHFHUWLÀFDWHLVVXHGE\WKHGHSDUWPHQW
XQGHU256WRVKRZZKHWKHURUQRWDQ
accident report has been made to the depart-
ment shall be used solely to prove a compliance
or failure to comply with the requirements that
WKHDFFLGHQWUHSRUWEHPDGHWRWKHGHSDUWPHQW
(b) An accident report submitted under ORS
RUPD\EHXVHGLQDQDGPLQLV-
trative hearing or an appeal from such hearing
 $SXEOLFDJHQF\WKDWYHULÀHVDQHOLJL-
ble employee’s employment under subsection
(1) of this section shall notify the department
within 30 days if the eligible employee ceases
WREHHPSOR\HGE\WKHSXEOLFDJHQF\7KHHOLJL-
ble employee shall notify the department of a
FKDQJHRIDGGUHVVDVSURYLGHGLQ256
RU
to support any suspension of driving privileges  ,IDQHOLJLEOHHPSOR\HHLVNLOOHGLQWKHOLQH
IRU of duty, a person who is a household member
of the eligible employee may request that any
(A) Failure to make reports required under driver or vehicle record kept by the depart-
256RU ment that contains or is required to contain
 %)DLOXUHWRFRPSO\ZLWKÀQDQFLDOUHVSRQ- the household member’s residence address
sibility requirements or failure to comply with continue to contain the address of the public
IXWXUHUHVSRQVLELOLW\ÀOLQJV agency that employed the eligible employee
for up to four years after the date of the death
 $SKRWRFRS\IDFVLPLOHFRS\GLJLWDORU
electronic copy of an application for perfection
of a security interest by notation on a title
XQGHU256WKDWLVFHUWLÀHGE\WKH
department is proof of the date of perfection of
RIWKHHOLJLEOHHPSOR\HH2QRUEHIRUHWKHGDWH
on which the four-year period ends, the house-
hold member shall notify the department of a
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RU$UHTXHVWXQGHUWKLVVXEVHFWLRQ
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Title 59 Page 40 (2015 Edition)

 $'0,1,675$7,9(3529,6,216  

(5) As used in this section, “eligible (k) An employee of the Oregon Youth Author-
HPSOR\HHµPHDQV ity whose duties include personal contact with
(a) A member of the State Board of Parole persons committed to the legal or physical cus-
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(b) The Director of the Department of
Corrections and an employee of an institu-
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of Corrections institutions, whose duties, as
assigned by the superintendent, include the
custody of persons committed to the custody
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 /$GLVWULFWDWWRUQH\DVGHÀQHGLQ256
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(m) An employee who provides educational
services to persons who are clients or patients
of the Department of Human Services or the
Oregon Health Authority, who are under the
jurisdiction of the Psychiatric Security Review
 F$SDUROHDQGSUREDWLRQRIÀFHUHPSOR\HG
by the Department of Corrections and an
employee of the Department of Corrections
Release Center whose duties, as assigned by
the Chief of the Release Center, include the
custody of persons committed to the custody
RIRUWUDQVIHUUHGWRWKH5HOHDVH&HQWHU
Board or who are under the custody or super-
vision of the Department of Corrections, the
State Board of Parole and Post-Prison Super-
vision, a community corrections agency, the
Oregon Youth Authority or a juvenile depart-
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person who provides instruction, or services
 G$SROLFHRIÀFHUDSSRLQWHGXQGHU256
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(e) An employee of the State Department of
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(f) An investigator of the Criminal Justice
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related to the instruction, of a subject usually
taught in an elementary school, a secondary
school or a community college or who provides
special education and related services in other
WKDQDVFKRROVHWWLQJDQGZKRZRUNVIRU
(A) An education service district or a com-
munity college district; or
 J$FRUUHFWLRQVRIÀFHUDVGHÀQHGLQ256  % $ VWDWH RIÀFHU ERDUG FRPPLVVLRQ
$ bureau, department or division in the execu-
tive branch of state government that provides
 K$IHGHUDORIÀFHU$VXVHGLQWKLVSDUD- HGXFDWLRQDOVHUYLFHV
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RUODZHQIRUFHPHQWRIÀFHUHPSOR\HGE\ (n) An employee of the Oregon Liquor Con-
WURO&RPPLVVLRQZKRLV
 $7KH)HGHUDO%XUHDXRI,QYHVWLJDWLRQ
(A) A regulatory specialist; or
(B) The United States Secret Service;
 %$UHJXODWRU\PDQDJHU
(C) The United States Citizenship and
,PPLJUDWLRQ6HUYLFHV (o) A police officer as defined in ORS

(D) The United States Marshals Service;
(p) An employee whose duties include per-
 (7KH'UXJ(QIRUFHPHQW$GPLQLVWUDWLRQ sonal contact with criminal offenders and
(F) The United States Postal Service; who is employed by a law enforcement unit,
DVGHÀQHGLQ256$
(G) The United States Customs and Border
Protection;  T $ FLYLO FRGH HQIRUFHPHQW RIÀFHU DV
GHÀQHGLQ256>F††
(H) The United States General Services F†F†F†
Administration; F†F†F†
 , 7KH 8QLWHG 6WDWHV 'HSDUWPHQW RI
Agriculture;
(J) The Bureau of Alcohol, Tobacco, Fire-
DUPVDQG([SORVLYHV
F†F†F†
F†DF†F†
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802.251 > F †  F †
 .7KH,QWHUQDO5HYHQXH6HUYLFH UHQXPEHUHGLQ@
(L) The United States Department of the 802.253 Records containing residence
,QWHULRURU DGGUHVVRIFRUUHFWLRQVRIÀFHURUKRXVH-
(M) Any federal agency if the person is hold member. $VXVHGLQWKLVVHFWLRQ
empowered to effect an arrest with or with-  D´&RUUHFWLRQDOIDFLOLW\µPHDQVDQLQVWL-
out warrant for violations of the United States WXWLRQXVHGIRUWKHFRQÀQHPHQWRISHUVRQV
&RGHDQGLVDXWKRUL]HGWRFDUU\ÀUHDUPVLQWKH convicted of a criminal offense or held by court
SHUIRUPDQFHRIGXW\ RUGHU
(i) An employee of the Department of Human  E´&RUUHFWLRQVRIÀFHUµPHDQVDSHUVRQ
Services or the Oregon Health Authority whose employed in a correctional facility, wherever
duties include personal contact with clients or it may be located, who primarily performs the
SDWLHQWVRIWKHGHSDUWPHQWRUWKHDXWKRULW\ duty of custody, control or supervision of indi-
 M$Q\MXGJHRIDFRXUWRIWKLVVWDWH YLGXDOVFRQYLFWHGRIDFULPLQDORIIHQVH

Title 59 Page 41 (2015 Edition)

 OREGON VEHICLE CODE

 $FRUUHFWLRQVRIÀFHUZKRLVDUHVLGHQWRI
Oregon but is employed in a correctional facil-
ity located in a state other than Oregon, may
request that any driver or vehicle record kept
by the Department of Transportation that con-
tains or is required to contain the corrections
RIÀFHU·VUHVLGHQFHDGGUHVVFRQWDLQLQVWHDGWKH
address of the correctional facility employing
WKHFRUUHFWLRQVRIÀFHU$UHTXHVWXQGHUWKLV
shall include the name, address, date of birth
and county of residence of each holder of an
unexpired driver license and each holder of
DQXQH[SLUHGLGHQWLÀFDWLRQFDUG
(2) At the request of the clerk of court, as
GHÀQHGLQ256IRUDQ2UHJRQFRXQW\
or at the request of the State Court Adminis-
trator, the department shall furnish a copy
of the records maintained for a county under
VXEVHFWLRQPXVW VXEVHFWLRQRIWKLVVHFWLRQ7KHGHSDUWPHQW
 D%HLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW shall establish a fee reasonably calculated to
that includes designation of the Oregon county reimburse the department for the actual costs
RIUHVLGHQFH of providing the records and shall collect the
 E&RQWDLQYHULÀFDWLRQRIHPSOR\PHQWDV IHHIURPWKHUHTXHVWHURIWKHUHFRUGV>
determined adequate by the department to F†F†F†@
HVWDEOLVKHOLJLELOLW\IRUWKLVVHUYLFH 802.270 Records of insurance informa-
 8SRQUHFHLSWRIDUHTXHVWDQGYHULÀFD-
tion under this section, the department shall
UHPRYH WKH FRUUHFWLRQV RIÀFHU·V UHVLGHQFH
address from its records, if necessary, and
substitute the address of the correctional
IDFLOLW\HPSOR\LQJWKHFRUUHFWLRQVRIÀFHU7KH
department shall indicate on the records that
WKHDGGUHVVVKRZQLVDQHPSOR\PHQWDGGUHVV
While the request is in effect, the corrections
RIÀFHUPD\HQWHUWKHDGGUHVVRIWKHFRUUHF-
tion. (1) The Department of Transportation
shall maintain computerized records of insur-
DQFHLQIRUPDWLRQ7KHGHSDUWPHQW·VFRPSXWHU
system shall contain information submitted by
LQVXUHUVXQGHU256DQGDQG
shall be accessible to law enforcement agen-
cies in the state for the purpose of determining
whether a particular person or vehicle is in
FRPSOLDQFHZLWKWKHÀQDQFLDOUHVSRQVLELOLW\
UHTXLUHPHQWVRIWKLVVWDWH
WLRQDOIDFLOLW\HPSOR\LQJWKHFRUUHFWLRQVRIÀFHU  ,QIRUPDWLRQSURYLGHGWRWKHGHSDUWPHQW
on any driver or vehicle form issued by the E\LQVXUHUVXQGHU256DQG
GHSDUWPHQWWKDWUHTXLUHVDQDGGUHVV may not be made available to anyone other
 ,IWKHFRUUHFWLRQVRIÀFHUFHDVHVWREH
employed in the correctional facility, the cor-
UHFWLRQVRIÀFHUVKDOOQRWLI\WKHGHSDUWPHQWRID
FKDQJHRIDGGUHVVDVSURYLGHGLQ256
RU
WKDQODZHQIRUFHPHQWRIÀFLDOVHPSOR\HHVRI
WKHGHSDUWPHQWDFWLQJLQDQRIÀFLDOFDSDFLW\
other governmental agencies if necessary for
them to carry out their duties, powers or func-
tions or individuals when the information is
needed to determine insurance coverage of the
 ,IDFRUUHFWLRQVRIÀFHULVNLOOHGLQWKHOLQH
of duty, a person who is a household member
RIWKHFRUUHFWLRQVRIÀFHUPD\UHTXHVWWKDWDQ\
driver or vehicle record kept by the depart-
ment that contains or is required to contain
the household member’s residence address
continue to contain the address of the public
DJHQF\WKDWHPSOR\HGWKHFRUUHFWLRQVRIÀFHU
for up to four years after the date of the death
RIWKHFRUUHFWLRQVRIÀFHU2QRUEHIRUHWKHGDWH
on which the four-year period ends, the house-
hold member shall notify the department of a
FKDQJHRIDGGUHVVDVSURYLGHGLQ256
RU$UHTXHVWXQGHUWKLVVXEVHFWLRQ
VKDOOEHLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW
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802.255 Exchange of information for
implementation of ORS 802.250 and
802.253. The Department of Transportation
on behalf of the State of Oregon may enter
into contracts with other states and with the
federal government for the exchange of employ-
ment information necessary to implement and
DGPLQLVWHU256DQG>)RU-
PHUO\@
  'ULYHU OLFHQVH DQG LGHQWLÀ-
cation card records; contents; copies to
LQGLYLGXDOUHTXHVWHURUDQRWKHULQGLYLGXDO
(3) A computer system designed for the
SXUSRVHVVSHFLÀHGLQWKLVVHFWLRQVKDOOWRWKH
extent possible, enable insurers to transfer
information directly to the computer in a way
that is most convenient for the insurers and
WKHGHSDUWPHQW
(4) Records of insurance coverage main-
tained by the department under this section
are for the purpose of helping law enforce-
PHQWRIÀFLDOVGHWHUPLQHZKHWKHUWKHUHDUH
reasonable grounds to believe that a person is
RSHUDWLQJDYHKLFOHLQYLRODWLRQRI256
,QDQ\RWKHUGLVSXWHDERXWPRWRUYHKLFOHLQVXU-
DQFHFRYHUDJHLIWKHUHLVDFRQÁLFWEHWZHHQWKH
records of the department and the records of
the insurer, the records of the insurer shall be
SUHVXPHGWREHDFFXUDWH>F†
F†@
TRANSPORTATION SAFETY PROGRAMS
AND TRAFFIC SAFETY EDUCATION
802.300 Transportation Safety Commit-
tee; members, compensation, expenses;
staff. (1) The Transportation Safety Com-
mittee is created within the Department of
counties; fees. ,QDGGLWLRQWRDQ\RWKHU
information required or permitted by law,
the records of driver licenses maintained by
the Department of Transportation and the
UHFRUGVRILGHQWLÀFDWLRQFDUGVLVVXHGXQGHU
256PDLQWDLQHGE\WKHGHSDUWPHQW
Title 59
Transportation to advise the department and
the Oregon Transportation Commission con-
cerning the functions described under ORS
DQGWRSHUIRUPDQ\RWKHUIXQFWLRQV
related to transportation safety that the com-
PLVVLRQGHOHJDWHV7KHFRPPLWWHHHVWDEOLVKHG
Page 42 (2015 Edition)
 $'0,1,675$7,9(3529,6,216
XQGHUWKLVVHFWLRQVKDOOFRQVLVWRIÀYHPHPEHUV
appointed by the Governor on the recommen-
GDWLRQRIWKHFRPPLVVLRQ7KHWHUPRIRIÀFH
RIHDFKPHPEHULVIRXU\HDUV%HIRUHWKHH[SL-
ration of the term of a member, the Governor
VKDOODSSRLQWDVXFFHVVRU$PHPEHULVHOLJLEOH
IRUUHDSSRLQWPHQW,QFDVHRIDYDFDQF\IRUDQ\
cause, the Governor shall appoint a person to
ÀOOWKHRIÀFHIRUWKHXQH[SLUHGWHUP
(2) The Governor shall appoint one member
of the committee established under this section
DVWKHFKDLUDQGDQRWKHUPHPEHUDVYLFHFKDLU
(3) A member of the committee established
under this section is entitled to compensation
DQGH[SHQVHVDVSURYLGHGXQGHU256
(4) The Director of Transportation may
appoint assistants, consultants, clerical staff
and other employees needed to carry out the
purposes of the committee but shall, as much
as possible, consolidate the staff and coordi-
nate the activities of the committee with other
VWDIIDQGDFWLYLWLHVRIWKHGHSDUWPHQW>
F†F†F†@
802.310 Transportation safety pro-
grams; administrator. (1) The administrator
for transportation safety shall serve as the
Governor’s representative for highway safety
in conformity with the Federal Highway Safety
$FWRI7KH'LUHFWRURI7UDQVSRUWDWLRQ
and the Oregon Transportation Commission
shall be responsible to the Governor for the
administration of the state transportation
VDIHW\SURJUDPV$OOUHSRUWVDQGUHFRPPHQ-
dations relating to program evaluations,
assignment of responsibilities and approval
of plans and activities shall be provided to the
*RYHUQRUE\WKHFRPPLVVLRQ
(2) The Department of Transportation, in
consultation with the Transportation Safety
&RPPLWWHHVKDOOGRWKHIROORZLQJ the grant, the department shall disburse any
(a) Organize, plan and conduct a statewide
WUDQVSRUWDWLRQVDIHW\SURJUDP
(b) Coordinate general activities and pro-
grams of the several departments, divisions
 
cities in the federal government highway safety
programs conducted under the Federal High-
ZD\6DIHW\$FWRIDQGDQ\DPHQGPHQWV
WKHUHWR7KHFRPPLWWHHVKDOOPDNHUHFRP-
mendations to the department regarding the
approval of plans and applications under ORS
>F†F†
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802.315 Department authority to apply
for and receive federal highway safety
program grants and other funds; local
government program participation. (1)
The Department of Transportation, with the
advice of the Transportation Safety Commit-
tee, may apply for, accept, receive and disburse
grants available from the federal government
or any of its agencies to carry out approved
state highway safety programs conducted
XQGHUWKH)HGHUDO+LJKZD\6DIHW\$FWRI
DQGWKHDPHQGPHQWVWKHUHWR
(2) The department may accept funds from
other sources and enter into such contracts
or agreements and do all things necessary to
receive such funds for the purposes of carrying
RXWLQWKLVVHFWLRQDQG256
DQG+RZHYHUIXQGVVKDOOQRW
be accepted that are subject to a restriction or
FRQGLWLRQWKDWLVLQFRQÁLFWZLWKDQ\ODZRIWKLV
VWDWH
(3) The department, considering the rec-
ommendations of the Transportation Safety
Committee, shall approve plans or applications
for participation by counties and cities in the
federal government highway safety programs
conducted under the Federal Highway Safety
$FW RI  DQG DQ\ DPHQGPHQWV WKHUHWR
The approval of plans and applications shall
be done in accordance with the uniform stan-
dards of the federal government regarding
VXFKSURJUDPV6XEMHFWWRDQ\FRQGLWLRQVRI
funds received from the federal government or
any of its agencies for county and city highway
VDIHW\SURJUDPV>)RUPHUO\@
802.320 Motorcycle safety program;
or agencies of the state engaged in promoting
WUDQVSRUWDWLRQVDIHW\
(c) Provide transportation safety informa-
tion and develop other measures of public
LQIRUPDWLRQ
(d) Cooperate fully with all national, local,
public and private agencies and organizations
interested in the promotion of transportation
VDIHW\
(e) Serve as a clearinghouse for all transpor-
tation safety materials and information used
WKURXJKRXWWKHVWDWH
(f) Cooperate in promoting research, special
studies and analysis of problems concerning
WUDQVSRUWDWLRQVDIHW\
(g) Make studies and suitable recommen-
dations to the legislature concerning safety
UHJXODWLRQVDQGODZV
(3) The department shall review plans and
applications for participation by counties and
Title 59 Page 43
contents; fees; contracts. ,QDGGLWLRQWR
DQ\GXWLHVXQGHU256WKH'HSDUW-
ment 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
7KHSURJUDPHVWDEOLVKHGPD\LQFOXGH
WKHIROORZLQJ
(a) Motorcycle safety promotion and public
HGXFDWLRQ
(b) The development of training sites for
courses approved by the department to teach
safe and proper operation of motorcycles and
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(c) Classroom instruction and actual driving
instruction necessary to teach safe and proper
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(d) The development of a mobile training
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(2015 Edition)
 OREGON VEHICLE CODE

 H7KHDFTXLVLWLRQRIÀOPVDQGHTXLSPHQW
that may be loaned to the public for the encour-
DJHPHQWRIPRWRUF\FOHDQGPRSHGVDIHW\
(f) Advice and assistance, including mone-
tary assistance, for motorcycle safety programs
operated by government or nongovernment
RUJDQL]DWLRQV
(g) Other education or safety programs the
department determines will help promote the
safe operation of motorcycles and mopeds, pro-
mote safe and lawful driving habits, assist in
accident prevention and reduce the need for
LQWHQVLYHKLJKZD\SROLFLQJ
(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
RIWKLVVHFWLRQWR ticipating in safety programs offered by the
(a) Advise and assist motorcycle safety pro-
JUDPVLQWKLVVWDWH
(b) Act as a liaison between government
agencies and advisory committees and inter-
HVWHGPRWRUF\FOLVWJURXSV
(3) The department may provide for the per-
formance of training and other functions of
the program established under this section by
contracting with any private or public organi-
zations or entities the department determines
appropriate to achieve the purposes of this sec-
WLRQ7KHRUJDQL]DWLRQVWKHGHSDUWPHQWPD\
contract with under this subsection include,
EXWDUHQRWOLPLWHGWRQRQSURÀWSULYDWHRUJD-
nizations, private organizations that are
RSHUDWHGIRUSURÀWSXEOLFRUSULYDWHVFKRROV
community colleges or public agencies or polit-
LFDOVXEGLYLVLRQ
(4) The department may charge a fee for
services provided under the program estab-
OLVKHGXQGHUWKLVVHFWLRQ$Q\IHHFKDUJHGE\
the department under this subsection must
be established by rule and may not be in an
amount that will discourage persons from
participating in safety programs offered by
WKHGHSDUWPHQWXQGHUWKLVVHFWLRQ>F
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†@
802.325 Bicycle safety program;
contents; fees. (1) The Department of
Transportation, in consultation with the
Transportation Safety Committee, shall
establish a bicycle safety program that com-
plies with this section to the extent moneys
DUHDYDLODEOHIRUVXFKSURJUDP7KHSURJUDP
HVWDEOLVKHGPD\LQFOXGHWKHIROORZLQJ (a) Payment of the per diem, travel and
(a) Bicycle safety promotion and public
HGXFDWLRQ
(b) Advice and assistance for bicycle safety
programs operated by government or nongov-
HUQPHQWRUJDQL]DWLRQV
(c) Classroom instruction and actual riding
instruction necessary to teach safe and proper
RSHUDWLRQRIELF\FOHV
(d) Bicycle education and information that
assist police agencies in the enforcement of
ELF\FOHODZV
Title 59 Page 44
(e) Other education or safety programs the
department determines will help promote the
safe operation of bicycles, promote safe and
lawful riding habits and assist in accident
SUHYHQWLRQ
(2) The department shall act as a liaison
between government agencies and advisory
FRPPLWWHHVDQGLQWHUHVWHGELF\FOLVWJURXSV
(3) The department may accept donations
and solicit grants to enable the department
WRFDUU\RXWWKHIXQFWLRQVRIWKLVVHFWLRQ
(4) The department may charge a fee for
services provided under the program estab-
OLVKHGXQGHUWKLVVHFWLRQ$Q\IHHFKDUJHGE\
the department under this subsection must
be established by rule and may not be in an
amount that will discourage persons from par-
GHSDUWPHQWXQGHUWKLVVHFWLRQ>F†
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802.329 City and county highway safety
program participation authorized. Any
city or county may participate in the highway
safety program and do all things necessary
WRVHFXUHWKHEHQHÀWVDYDLODEOHXQGHU256
DQGDQGXQGHUWKH)HGHUDO
+LJKZD\6DIHW\$FWRIDQGDQ\DPHQG-
PHQWVWKHUHWR>)RUPHUO\@
802.330>F†UHSHDOHGE\
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802.331 Highway Safety Trust Account.
The Highway Safety Trust Account is estab-
lished separate and distinct from the General
)XQG$OOPRQH\VUHFHLYHGE\WKH'HSDUWPHQW
RI7UDQVSRUWDWLRQXQGHU256VKDOO
be paid into the State Treasury and credited
WRWKHDFFRXQWHVWDEOLVKHGXQGHUWKLVVHFWLRQ
All moneys in the account established under
this section are continuously appropriated for
and shall be used by the department in carry-
ing out the purposes for which the funds were
UHFHLYHG>)RUPHUO\F†
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802.340 Transportation Safety Account;
uses; Motorcycle Safety Subaccount.
(1) The Transportation Safety Account is
established in the General Fund of the State
7UHDVXU\([FHSWDVSURYLGHGLQVXEVHFWLRQ
(2) of this section, all money credited to the
account established under this section is appro-
priated continuously for and shall be used by
the Department of Transportation to carry out
WKHIROORZLQJSXUSRVHV
other expenses of the Transportation Safety
&RPPLWWHH
(b) Payment of the expenses of the depart-
ment in performance of its duties related to
WUDQVSRUWDWLRQVDIHW\
(c) Functions or programs established under
256
(2) There is established in the account
created under subsection (1) of this section
a subaccount to be known as the Motorcycle
6DIHW\ 6XEDFFRXQW 7KH VXEDFFRXQW VKDOO
(2015 Edition)
 $'0,1,675$7,9(3529,6,216  

consist of moneys credited to the subaccount the administration of laws regulating vehicle
XQGHU256DQGDVRWKHUZLVHSURYLGHG GHDOHUVXQGHUWKHYHKLFOHFRGH
E\ODZ7KHVXEDFFRXQWVKDOOEHDFFRXQWHGIRU (2) The department shall consult with the
VHSDUDWHO\0RQH\VLQWKHVXEDFFRXQWDUHFRQ- committee established under this section
tinuously appropriated to the department for before the department adopts any rules under
and shall be used to carry out the purposes 256RUEHIRUHWDNLQJDQ\GLVFLSOLQDU\
SURYLGHGXQGHU256>F† DFWLRQDJDLQVWDGHDOHUXQGHU256WR
F†F†F†@ revoke, suspend, place the dealer on probation
802.345 > F † UHQXPEHUHG RUOHY\DFLYLOSHQDOW\DJDLQVWWKHGHDOHU
LQ@ (3) The director shall appoint members of
the committee established under this section
COMMITTEES AND BOARDS and the members shall serve at the pleasure of
WKHGLUHFWRU7KHGLUHFWRUVKDOODSSRLQWPHP-
802.350 Winter Recreation Advisory bers to the committee that represent vehicle
Committee; members; meetings; rules. (1) dealers and members that represent the inter-
The Winter Recreation Advisory Committee is ests of the general public in the ownership,
created to perform the functions described for SXUFKDVHDQGXVHRIYHKLFOHV
WKHFRPPLWWHHXQGHU256
(4) The members of the committee estab-
(2) The committee created under this sec- lished under this section shall serve without
tion shall consist of seven members appointed compensation or expenses for services per-
by the Oregon Transportation Commission as IRUPHG>F†F†
IROORZV F†@
(a) Two persons representing ski area 802.380>F†F†
operators; UHSHDOHGE\F†@
(b) One member representing the Oregon 802.390>F†UHSHDOHGE\
Nordic Club; F†@
 F 2QH SHUVRQ UHSUHVHQWLQJ WKH 3DFLÀF 802.400>F†F†
Northwest Ski Association; UHQXPEHUHGLQ@
(d) One member representing the Oregon 802.410>F†F†
State Snowmobile Association; and UHQXPEHUHGLQ@
(e) Two members from the general public 802.420 > F † UHQXPEHUHG
LQWHUHVWHGLQZLQWHUUHFUHDWLRQLQWKLVVWDWH LQ@
(3) Members of the committee established
under this section shall not receive compensa- RECIPROCAL AGREEMENTS
WLRQIRUWKHLUVHUYLFHRQWKHFRPPLWWHH AND INTERSTATE COMPACTS
(4) The members shall be appointed to serve 802.500 Authority for reciprocal regis-
IRUWHUPVRIIRXU\HDUV9DFDQFLHVRQWKHFRP- tration agreements; permitted provisions;
PLWWHHVKDOOEHÀOOHGE\DSSRLQWPHQWE\WKH requirements; limitations. The Director
FRPPLVVLRQIRUWKHXQH[SLUHGWHUP of Transportation may enter into agreements
(5) The committee shall meet regularly four with the duly authorized representatives of
WLPHVD\HDUDWWLPHVDQGSODFHVÀ[HGE\WKH any jurisdiction that issues registration to
FKDLURIWKHFRPPLWWHH7KHFRPPLWWHHPD\ establish reciprocal privileges or registration
PHHWDWRWKHUWLPHVVSHFLÀHGE\WKHFKDLURUD exemptions for vehicles as described in this
PDMRULW\RIWKHPHPEHUVRIWKHFRPPLWWHH VHFWLRQ$OORIWKHIROORZLQJDSSO\WRDQDJUHH-
ment established under the authority granted
 7KH'HSDUWPHQWRI7UDQVSRUWDWLRQVKDOO E\WKLVVHFWLRQ
provide assistance and space for meetings as
UHTXHVWHGE\WKHFKDLURIWKHFRPPLWWHH (1) An agreement may establish any of the
IROORZLQJEHQHÀWVSULYLOHJHVDQGH[HPSWLRQV
(7) The committee shall adopt rules to with respect to the operation of commercial or
govern its proceedings and shall select a chair QRQFRPPHUFLDOYHKLFOHVLQWKLVVWDWH
DQGDQ\RWKHURIÀFHUVLWFRQVLGHUVQHFHVVDU\
 D)RUSXUSRVHVRI256H[HPSWLRQV
(8) Members of the advisory committee shall from registration and payment, wholly or par-
be entitled to actual and necessary expenses WLDOO\RIDQ\YHKLFOHRUUHJLVWUDWLRQIHHV
DVSURYLGHGE\256>F
†F†@ (b) Privileges relating to vehicles used by
SHUVRQVZLWKGLVDELOLWLHV
802.360>F†F†
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F†@  G3ULYLOHJHVUHODWLQJWRYHKLFOHGHDOHUV
802.370 Advisory committee on vehicle (e) Privileges, exemptions or benefits
dealer regulation; members; compen- relating to farm vehicles or implements of
sation. (1) The Director of Transportation KXVEDQGU\
shall establish an advisory committee to
advise the Department of Transportation on (f) Privileges relating to persons commer-
FLDOO\WUDQVSRUWLQJYHKLFOHV

Title 59 Page 45 (2015 Edition)

 OREGON VEHICLE CODE

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 K3ULYLOHJHVEHQHÀWVRUH[HPSWLRQVUHODW-
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(2) An agreement shall only grant the priv-
LOHJHVEHQHÀWVDQGH[HPSWLRQVWRDYHKLFOHRU
the owner of a vehicle if the vehicle is any of
WKHIROORZLQJ violates any law or rule of this state relating
(a) Registered in the jurisdiction where
the person registering the vehicle has a legal
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(b) A commercial vehicle registered in a
jurisdiction where the commercial enterprise
in which the vehicle is used has a place of
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the vehicle must be assigned to the place of
business and the place of business must be
the place from which or in which the vehicle is
(9) An agreement may authorize the depart-
ment to suspend or cancel any exceptions,
EHQHÀWVRUSULYLOHJHVJUDQWHGWRDQ\SHUVRQ
under the agreement if the person violates any
of the terms or conditions of the agreement or
WRYHKLFOHV
(10) All agreements shall be in writing and
ÀOHGZLWKWKHGHSDUWPHQWZLWKLQGD\VDIWHU
execution or the effective date of the agree-
PHQWZKLFKHYHULVODWHU
(11) An agreement may be a limited type
agreement with any state bordering this state
DVGHVFULEHGLQWKLVVXEVHFWLRQ$QDJUHHPHQW
described under this subsection is subject to
DOORIWKHIROORZLQJ
most frequently dispatched, garaged, serviced,
PDLQWDLQHGRSHUDWHGRURWKHUZLVHFRQWUROOHG
(c) A commercial vehicle registered in a
jurisdiction where the vehicle has been reg-
istered because of an agreement between two
jurisdictions or a declaration issued by any
MXULVGLFWLRQ
(3) An agreement shall retain the right of
the Department of Transportation to make the
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registration of a vehicle when there is a dispute
or doubt concerning the proper place of regis-
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the department to confer with the departments
of other jurisdictions affected when making a
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(4) An agreement shall not provide for any
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR
fuel taxes, use fuel taxes, weight mile taxes
or any other fees or taxes levied or assessed
against the use of highways or use or owner-
ship of vehicles except registration taxes, fees
DQGUHTXLUHPHQWV
(5) An agreement must provide that any
vehicle registered in this state will receive a
similar kind or degree of exemptions, bene-
ÀWVDQGSULYLOHJHVZKHQRSHUDWHGLQDQRWKHU
jurisdiction that is party to the agreement as
vehicles registered in the other jurisdiction
UHFHLYHZKHQRSHUDWHGLQWKLVVWDWH
 D7KHEHQHÀWVH[HPSWLRQVDQGSULYLOHJHV
under the agreement shall only be extended
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(b) The agreement shall be applicable only
within an area in each state that is situated
along the boundary between the states and
WKDWLVVXEVWDQWLDOO\HTXDOLQVL]H
(c) The usage permitted of the vehicles in
the two areas shall be as substantially equal
DVPD\EHSUDFWLFDEOH
(d) The areas and usage subject to the agree-
PHQWVKDOOEHGHVFULEHGLQWKHDJUHHPHQW
(e) Proportional registration shall not be
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(f) The agreement shall comply with other
mandatory provisions of this section and may
contain any other provisions described under
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(g) A vehicle operating under the agreement
may be required to obtain a permit under ORS

(12) An agreement may require the display
or submission of evidence of registration for
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>F†F†F
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 $QDJUHHPHQWLQWKHMXGJPHQWRIWKH
director, shall be in the best interest of this
state and its citizens, shall be fair and equi-
table to this state and its citizens and shall
be determined on the basis and recognition of
EHQHÀWVWKDWDFFUXHWRWKHHFRQRP\RIWKLVVWDWH
IURPWKHXQLQWHUUXSWHGÁRZRIFRPPHUFH
(7) An agreement may authorize a vehicle
that would otherwise be required to be reg-
istered in one jurisdiction to be registered in
DQRWKHUMXULVGLFWLRQZLWKRXWORVLQJDQ\EHQHÀW
exemption or privilege under the agreement if
the vehicle is operated from a base located in
WKHRWKHUMXULVGLFWLRQ
(8) An agreement may allow the lessee
or lessor of a vehicle, subject to the terms
and conditions of the lease to receive
Title 59 3DJH
802.520 Authority to grant registration
privileges or exemptions to vehicles regis-
tered in other jurisdictions; declaration;
limitations. The Director of Transportation
may examine the laws and requirements of any
jurisdiction that issues out-of-state registra-
tion and may grant a privilege or a registration
exemption described in this section to vehi-
cles or owners of vehicles registered in that
MXULVGLFWLRQ$OORIWKHIROORZLQJDSSO\WRWKH
DXWKRULW\JUDQWHGE\WKLVVHFWLRQ
(1) The director may only grant privileges
or registration exemptions under this section
to vehicles that are registered in jurisdictions
that do not have an agreement with this state
for privileges or registration exemptions under
256RURUDQDJUHHPHQWIRU
(2015 Edition)
 $'0,1,675$7,9(3529,6,216  

proportional registration with this state under EHQHÀWVH[HPSWLRQVDQGSULYLOHJHVXQGHUWKH

256
(2) All grants of privileges and registration
exemptions under this section shall be by dec-
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with the Department of Transportation within
10 days after execution or effective date, which-
HYHULVODWHU
GHFODUDWLRQ
(10) A declaration may authorize the depart-
ment to suspend or cancel any exemptions,
EHQHÀWVRUSULYLOHJHVJUDQWHGWRDQ\SHUVRQ
under the declaration if the person violates any
of the terms or conditions of the declaration or
violates any law or rule of this state relating
 $GHFODUDWLRQPD\JUDQWEHQHÀWVSULY-
ileges and exemptions with respect to the
operation of commercial or noncommercial
vehicles in this state of the same type that
may be established by agreement under ORS
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(4) A declaration shall only grant the priv-
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the owner of a vehicle if the vehicle is any of
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(a) Registered in the jurisdiction where
the person registering the vehicle has a legal
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(b) A commercial vehicle registered in a
jurisdiction where the commercial enterprise
in which the vehicle is used has a place of
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the vehicle must be assigned to the place of
business and the place of business must be
the place from which or in which the vehicle is
most frequently dispatched, garaged, serviced,
PDLQWDLQHGRSHUDWHGRURWKHUZLVHFRQWUROOHG
(c) A commercial vehicle registered in a
jurisdiction where the vehicle has been reg-
istered because of an agreement between two
jurisdictions or a declaration issued by any
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802.530 Authority of department for
reciprocal agreements concerning traf-
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limitations; rules; report. The Department
of Transportation is authorized to enter into
bilateral or multilateral reciprocal agree-
ments with other jurisdictions to provide
offenses committed by residents of one jurisdic-
WLRQZKLOHLQDQRWKHUMXULVGLFWLRQ$JUHHPHQWV
authorized by this section are subject to the
IROORZLQJ
(1) An agreement may provide for the
sharing of information between and among
jurisdictions concerning driving records, vehi-
cle registration records and records concerning
the granting, denial, revocation or suspension
RIGULYLQJSULYLOHJHV
(2) An agreement may provide that a juris-
diction will suspend the driving privileges of a
resident of the jurisdiction if the resident does
not comply with the requirements and respon-
sibilities created by citation for or conviction
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(3) An agreement may provide that a juris-
diction will refuse to issue or renew a driver
 7KHGHSDUWPHQWVKDOOPDNHDQ\ÀQDO
determination in any case of doubt or dispute
as to the proper place of registration of a vehi-
cle, but may confer with departments of other
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license or permit or to issue a duplicate or
replacement license or permit for a resident of
the jurisdiction if the resident does not comply
with the requirements and responsibilities cre-
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 $GHFODUDWLRQVKDOOQRWSURYLGHIRUDQ\
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fuel taxes, use fuel taxes, weight mile taxes or
other fees or taxes levied or assessed against
the use of highways or use or ownership of
vehicles except registration taxes, fees and
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(4) An agreement may be limited to certain
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(5) An agreement may provide for the estab-
lishment of fees for and collection of fees from
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exemptions or privileges that are, in the judg-
ment of the director, in the best interest of
this state and its citizens, fair and equitable
to this state and its citizens and determined
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that accrue to the economy of this state from
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(8) A declaration may authorize a vehicle
that would otherwise be required to be reg-
istered in one jurisdiction to be registered in
RIWKHDJUHHPHQW$Q\DJHQF\RIWKLVVWDWH
that participates in a program established
by an agreement authorized by this section is
granted authority to establish fees for and col-
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Fees established for purposes of this subsection
PXVWEHHVWDEOLVKHGE\UXOH1RIHHHVWDEOLVKHG
for purposes of this subsection may exceed an
amount necessary to recover the actual cost
incurred by participation in the program estab-
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exemption or privilege under the declaration
if the vehicle is operated from a base located
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or lessor of a vehicle, subject to the terms
and conditions of the lease, to receive
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of one jurisdiction who are issued citations for
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released on recognizance without requirement
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section authorizes an agreement that prohibits
a court from releasing on security release, as

Title 59 Page 47 (2015 Edition)

 OREGON VEHICLE CODE

GHÀQHGLQ256DSHUVRQFKDUJHGZLWK (3) The continuance in force of a license

DWUDIÀFFULPH to drive is predicated upon compliance with
(7) An agreement may provide that one laws and ordinances relating to the operation
jurisdiction will act as agent for another juris- of motor vehicles, in whichever jurisdiction the
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sion described under this subsection may be WR
established that requires the participation of (1) Promote compliance with the laws,
courts of this state unless the Oregon Supreme ordinances, and administrative rules and
&RXUWHVWDEOLVKHVUXOHVXQGHU256WR regulations relating to the operation of motor
SURYLGHSURFHGXUHVIRUFRXUWSDUWLFLSDWLRQ vehicles by their operators in each of the juris-
(8) No agreement may be established under dictions where such operators drive motor
this section to provide for assistance in dealing YHKLFOHV
ZLWK (2) Make the reciprocal recognition of
 D2IIHQVHVRWKHUWKDQWUDIÀFRIIHQVHV licenses to drive and eligibility therefor more
 E3DUNLQJRIIHQVHV just and equitable by considering the overall
compliance with motor vehicle laws, ordinances
 F%LF\FOHRIIHQVHV and administrative rules and regulations as
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(9) Any agreement established under this
section must provide that this state may with-
draw from the agreement upon notice of not
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(10) An agreement may include any other
provision that the department determines will
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a condition precedent to the continuance or
issuance of any license by reason of which the
licensee is authorized or permitted to operate
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mitted by residents of one jurisdiction while in
another jurisdiction or will increase the conve-
nience for residents of this state in complying
with requirements and responsibilities created
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session of the United States, the District of
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sary to implement any agreement established
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issued and has the power to suspend or revoke
the use of the license or permit to operate a
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(12) The department must submit a report
on any agreement proposed under this sec-
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the Oregon Legislative Assembly at least 30
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agreement described under this section cannot
take effect in this state unless the department
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Driver License Compact is enacted into law
and entered into on behalf of this state with
all other states legally joining therein in a form
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offense related to the use or operation of a
motor vehicle which is prohibited by state law,
municipal ordinance or administrative rule or
regulation, or a forfeiture of bail, bond or other
security deposited to secure appearance by a
person charged with having committed any
such offense, and which conviction or forfei-
ture is required to be reported to the licensing
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report each conviction of a person from another
party state occurring within its jurisdiction
to the licensing authority of the home state of
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the person convicted; describe the violation
specifying the section of the statute, code or
 D7KHSDUW\VWDWHVÀQGWKDW ordinance violated; identify the court in which
(1) The safety of their streets and highways action was taken; indicate whether a plea of
is materially affected by the degree of com- guilty or not guilty was entered, or the convic-
pliance with state laws and local ordinances tion was a result of the forfeiture of bail, bond
UHODWLQJWRWKHRSHUDWLRQRIPRWRUYHKLFOHV or other security; and shall include any special
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(2) Violation of such a law or ordinance is
evidence that the violator engages in conduct
which is likely to endanger the safety of per-
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Title 59 Page 48 (2015 Edition)

 $'0,1,675$7,9(3529,6,216  

$57,&/(,9 the expiration of one year from the date the

())(&72)&219,&7,21 license was revoked, such person may make
(a) The licensing authority in the home application for a new license if permitted by
state, for the purposes of suspension, revo- ODZ7KHOLFHQVLQJDXWKRULW\PD\UHIXVHWR
cation or limitation of the license to operate issue a license to any such applicant if, after
a motor vehicle, shall give the same effect to investigation, the licensing authority deter-
WKHFRQGXFWUHSRUWHGSXUVXDQWWR$UWLFOH,,, mines that it will not be safe to grant to such
of this compact, as it would if such conduct person the privilege of driving a motor vehicle
had occurred in the home state, in the case of RQWKHSXEOLFKLJKZD\V
FRQYLFWLRQVIRU (3) The applicant is the holder of a license
(1) Manslaughter or negligent homicide to drive issued by another party state and cur-
resulting from the operation of a motor vehicle; rently in force unless the applicant surrenders
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(2) Driving a motor vehicle while under the
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drug or a controlled substance, or under the $57,&/(9,
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degree which renders the driver incapable of  ([FHSWDVH[SUHVVO\UHTXLUHGE\SURYLVLRQV
safely driving a motor vehicle; of this compact, nothing contained herein shall
(3) Any felony in the commission of which a be construed to affect the right of any party
motor vehicle is used; state to apply any of its other laws relating to
licenses to drive to any person or circumstance,
(4) Failure to stop and render aid in the nor to invalidate or prevent any driver license
event of a motor vehicle accident resulting in agreement or other cooperative arrangement
WKHGHDWKRUSHUVRQDOLQMXU\RIDQRWKHU EHWZHHQDSDUW\VWDWHDQGDQRQSDUW\VWDWH
(b) As to other convictions, reported pursu-
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home state shall give such effect to the conduct &203$&7$'0,1,675$725$1'
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 F,IWKHODZVRIDSDUW\VWDWHGRQRWSUR- (a) The head of the licensing authority of
vide for offenses or violations denominated each party state shall be the administrator
or described in precisely the words employed RIWKLVFRPSDFWIRUKLVVWDWH7KHDGPLQLVWUD-
in subdivision (a) of this Article, such party tors, acting jointly, shall have the power to
state shall construe the denominations and formulate all necessary and proper procedures
descriptions appearing in subdivision (a) hereof for the exchange of information under this
as being applicable to and identifying those FRPSDFW
offenses or violations of a substantially similar
nature and the laws of such party state shall (b) The administrator of each party state
contain such provisions as may be necessary shall furnish to the administrator of each
to insure that full force and effect is given to other party state any information or docu-
WKLV$UWLFOH ments reasonably necessary to facilitate the
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Upon application for a license to drive, the
licensing authority in a party state shall ascer- (a) This compact shall enter into force and
tain whether the applicant has ever held, or is become effective as to any state when it has
the holder of a license to drive issued by any HQDFWHGWKHVDPHLQWRODZ
RWKHUSDUW\VWDWH7KHOLFHQVLQJDXWKRULW\LQ (b) Any party state may withdraw from
the state where application is made shall not this compact by enacting a statute repealing
LVVXHDOLFHQVHWRGULYHWRWKHDSSOLFDQWLI the same, but no such withdrawal shall take
(1) The applicant has held such a license, effect until six months after the executive head
but the same has been suspended by reason, of the withdrawing state has given notice of
in whole or in part, of a violation and if such the withdrawal to the executive heads of all
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the validity or applicability by the licensing
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but the same has been revoked by reason, in compact of any report of conviction occurring
whole or in part, of a violation and if such revo- SULRUWRWKHZLWKGUDZDO
cation has not terminated, except that after

Title 59 Page 49 (2015 Edition)

 OREGON VEHICLE CODE

$57,&/(,; and entered into on behalf of this state with

&216758&7,21$1'6(9(5$%,/,7< all other jurisdictions legally joining therein
This compact shall be liberally construed LQDIRUPVXEVWDQWLDOO\DVIROORZV
VRDVWRHIIHFWXDWHWKHSXUSRVHVWKHUHRI7KH ___________________________________
provisions of this compact shall be severable
and if any phrase, clause, sentence or provision
of this compact is declared to be contrary to the $57,&/(,
constitution of any party state or of the United ),1',1*6$1'385326(6
States or the applicability thereof to any gov-  6(&7,21)LQGLQJV The participating
ernment, agency, person or circumstance is MXULVGLFWLRQVÀQGWKDW
held invalid, the validity of the remainder of
this compact and the applicability thereof to (a) The expanding regional economy depends
any government, agency, person or circum- on expanding transportation capacity;
VWDQFHVKDOOQRWEHDIIHFWHGWKHUHE\,IWKLV (b) Highway transportation is the major
compact shall be held contrary to the consti- mode for movement of people and goods in the
tution of any state party thereto, the compact western states;
shall remain in full force and effect as to the
remaining states and in full force and effect as (c) Uniform application in the west of
WRWKHVWDWHDIIHFWHGDVWRDOOVHYHUDEOHPDWWHUV more adequate vehicle size and weight stan-
dards will result in a reduction of pollution,
____________________________________ congestion, fuel consumption and related
>F†@ transportation costs, which are necessary to
permit increased productivity;
802.550 Administrative provisions
relating to license compact. The following (d) A number of western states, already
relate to the Driver License Compact under KDYLQJDGRSWHGVXEVWDQWLDOO\WKH%XUHDX
256 of Public Roads recommended vehicle size and
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(1) The Director of Transportation or the limits more restrictive; and
director’s deputy shall act as the compact
DGPLQLVWUDWRU7KHFRPSDFWDGPLQLVWUDWRU (e) The participating jurisdictions are most
shall not be entitled to any additional com- capable of developing vehicle size and weight
pensation on account of service as compact standards most appropriate for the regional
administrator, but shall be entitled to expenses economy and transportation requirements,
incurred in connection with such service, pay- consistent with and in recognition of princi-
able the same as expenses in connection with SOHVRIKLJKZD\VDIHW\
VHUYLFHVDVWKHQRUPDOGXWLHVRIWKHSHUVRQ  6(&7,213XUSRVHV The purposes of this
(2) When reference in the compact is made to DJUHHPHQWDUHWR
the executive head in this state, the reference (a) Adhere to the principle that each partic-
DSSOLHVWRWKH*RYHUQRURIWKLVVWDWH ipating jurisdiction should have the freedom
(3) When reference in the compact is to develop vehicle size and weight standards
made to the licensing authority in this state, that it determines to be most appropriate to
the reference applies to the Department of LWVHFRQRP\DQGKLJKZD\V\VWHP
7UDQVSRUWDWLRQ  E(VWDEOLVKDV\VWHPDXWKRUL]LQJWKHRSHU-
 ,QDFFRUGDQFHZLWKVXEGLYLVLRQFRI$UWL- ation of vehicles traveling between two (2) or
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or violations provided by Oregon law hereby TXDWHVL]HDQGZHLJKWVWDQGDUGV
are designated as offenses or violations of a (c) Promote uniformity among participating
substantially similar nature as the respective jurisdictions in vehicle size and weight stan-
denominations and descriptions of conduct dards on the basis of the objectives set forth
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(d) Secure uniformity insofar as possible,
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 ment of recommended vehicle size and weight
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 F256$UWLFOH,9D (e) Provide means for the encouragement
and utilization of research which will facili-
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(5) Offenses or violations other than those ZLWKGXHUHJDUGIRUWKHÀQGLQJVVHWIRUWKLQ
referred to in subsection (4) of this section VHFWLRQRIWKLVDUWLFOH
reported to the department pursuant to Article (f) Facilitate communication among legis-
,,,RIWKHFRPSDFWVKDOOEHJLYHQHIIHFWZLWKLQ lators, state transportation administrators
WKHSXUSRVHRI$UWLFOH,9ERIWKHFRPSDFWDV and commercial industry representatives in
WKHRWKHUODZVRIWKLVVWDWHSURYLGH>F addressing the emerging highway transpor-
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 0XOWLVWDWH+LJKZD\7UDQVSRUWDWLRQ
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portation Agreement is hereby enacted into law

Title 59 Page 50 (2015 Edition)

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composed of the designated representatives &223(5$7,1*&200,77((
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 E´'HVLJQDWHGUHSUHVHQWDWLYHµPHDQVDOHJ- WLRQVKDOOKDYHWZRGHVLJQDWHGUHSUHVHQWDWLYHV
islator authorized to represent the jurisdiction 3XUVXDQWWRVHFWLRQ$UWLFOH,,,WKHGHVLJ-
appointed by the President of the Senate and nated representatives of the participating
the Speaker of the House of Representatives jurisdictions shall constitute a committee
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 F´-XULVGLFWLRQµPHDQVDVWDWHRIWKH8QLWHG (a) Collect, correlate, analyze and evalu-
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research and testing activities in relation to
 G´9HKLFOHµPHDQVDQ\YHKLFOHDVGHÀQHG YHKLFOHVL]HDQGZHLJKWUHODWHGPDWWHUV
by statute to be subject to size and weight
standards which operates in two or more par- (b) Recommend and encourage the under-
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of vehicle size and weight or related matter
when, in their collective judgment, appropriate
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purposes and objectives of this agreement and which would promote effective governmental
will seek legislation necessary to accomplish DFWLRQRUFRRUGLQDWLRQLQWKHÀHOGRIYHKLFOH
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 6(&7,21  &RRSHUDWLRQ The partici- (d) Recommend improvements in highway
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designated representatives, shall cooperate administration of highway transportation
and assist each other in achieving the desired ODZV
goals of this agreement pursuant to appropri-
DWHVWDWXWRU\DXWKRULW\ (e) Perform functions necessary to facilitate
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 6(&7,21(IIHFWRI+HDGLQJV Article and
section headings contained herein shall not  6(&7,21(DFKGHVLJQDWHGUHSUHVHQ-
be deemed to govern, limit, modify, or in any tative of a participating jurisdiction shall be
manner affect the scope, meaning, or intent of HQWLWOHGWRRQHYRWH1RDFWLRQRIWKHFRPPLW-
WKHSURYLVLRQVRIDQ\DUWLFOHRUVHFWLRQKHUHRI tee shall be approved unless a majority of the
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WKHUHRI at least once annually and shall elect, from
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be reached by unanimous joint action of the annually to the legislature of each participat-
participating jurisdictions, acting through ing jurisdiction a report setting forth the work
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 6(&7,21$PHQGPHQW This agreement such additional reports as it deems appropri-
may be amended by unanimous joint action of DWHRUGHVLUDEOH
the participating jurisdictions, acting through
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this agreement, subject to the requirements of $57,&/(9
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 6(&7,21Restrictions, Conditions or  6(&7,212EMHFWLYHV The participating

/LPLWDWLRQV Any jurisdiction entering this MXULVGLFWLRQVKHUHE\GHFODUHWKDW
agreement shall provide each other participat-  D,WLVWKHREMHFWLYHRIWKHSDUWLFLSDWLQJ
ing jurisdiction with a list of any restriction, MXULVGLFWLRQV WR REWDLQ PRUH HIÀFLHQW DQG
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Title 59 Page 51 (2015 Edition)

 OREGON VEHICLE CODE

operation on all State highways, except those  I,WLVWKHIXUWKHUREMHFWLYHRIWKHSDU-

determined through engineering evaluation ticipating jurisdictions that in carrying out
to be inadequate, with a single-axle weight of subsection (e) of this section, the participating
20,000 pounds, a tandem-axle weight of 34,000 jurisdictions shall give priority to ensuring the
pounds, and a gross vehicle or combination ORQJWHUPÀQDQFLDOVWDELOLW\RIWKHKLJKZD\
weight of that resulting from application of LQIUDVWUXFWXUHFRQVLGHULQJWKHQHWEHQHÀWV
WKHIRUPXOD across all modes and all segments of industry
:  /111 and society and not focusing on incremental
where W = maximum weight in pounds
carried on any group of two or more
axles computed to nearest 500
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L= distance in feet between
the extremes of any group of two
  RUPRUHFRQVHFXWLYHD[OHV
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  XQGHUFRQVLGHUDWLRQ
changes where there is no long term guiding
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into force when enacted into law by any two (2)
RUPRUHMXULVGLFWLRQV7KHUHDIWHUWKLVDJUHH-
 E,WLVWKHIXUWKHUREMHFWLYHRIWKHSDU-
ticipating jurisdictions that the operation in
interstate commerce of a vehicle or combination
of vehicles that exceeds statutory maximum
weights or statutory maximum lengths be
authorized under special permit authority by
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ment shall become effective as to any other
jurisdiction upon its enactment thereof, except
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tion may withdraw from this agreement by
canceling the same but no such withdrawal
shall take effect until thirty (30) days after
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pating jurisdictions to facilitate and expedite
the operation of any vehicle or combination of
vehicles between and among the participating
jurisdictions under the provisions of subsec-
tion (a) or (b) of this section, and to that end
the participating jurisdictions hereby agree,
through their designated representatives, to
meet and cooperate in the consideration of vehi-
cle size and weight related matters including,
EXWQRWOLPLWHGWRWKHGHYHORSPHQWRIXQLIRUP
enforcement procedures; additional vehicle size
and weight standards; operational standards;
agreements or compacts to facilitate regional
application and administration of vehicle
size and weight standards; uniform permit
procedures; uniform application forms; rules
and regulations for the operation of vehicles,
including equipment requirements, driver
TXDOLÀFDWLRQVDQGRSHUDWLQJSUDFWLFHVDQG
VXFKRWKHUPDWWHUVDVPD\EHSHUWLQHQW
the designated representative of the withdraw-
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of the withdrawal to all other participating
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ally construed so as to effectuate the purposes
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 6(&7,217KHSURYLVLRQVRIWKLVDJUHH-
ment shall be severable and if any phrase,
clause, sentence or provision of this agreement
is declared to be contrary to the constitution
of any participating jurisdiction or the appli-
cability thereto to any government, agency,
person or circumstance is held invalid, the
validity of the remainder of this agreement
VKDOOQRWEHDIIHFWHGWKHUHE\,IWKLVDJUHHPHQW
shall be held contrary to the constitution of any
 G,WLVWKHIXUWKHUREMHFWLYHRIWKHSDU-
ticipating jurisdictions to authorize the
cooperating committee to recommend that
the participating jurisdictions jointly secure
congressional approval of this agreement and,
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jurisdiction participating herein, the agree-
ment shall remain in full force and effect as
to the jurisdictions affected as to all severable
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SDWLQJMXULVGLFWLRQVWR  6(&7,21$FRS\RIWKLVDJUHHPHQWLWV
 (VWDEOLVKWUDQVSRUWDWLRQODZVDQGUHJ-
ulations to meet regional economic needs and
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transportation network;
(2) Develop standards that facilitate the
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operation of vehicles on highways consistent
with and in recognition of principles of highway
safety; and
amendments, and rules or regulations promul-
gated thereunder and interpretations thereof
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each participating jurisdiction and shall be
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$57,&/(,;
(;,67,1*67$787(61275(3($/('
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 (VWDEOLVKSURJUDPVWRLQFUHDVHSURGXF-
tivity and reduce congestion, fuel consumption
and related transportation costs and enhance
air quality through the uniform application of
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ing weight and size standards and all existing
statutes relating to special permits shall con-
tinue to be of force and effect until amended
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Title 59 Page 52 (2015 Edition)

 $'0,1,675$7,9(3529,6,216  

$57,&/(;
67$7(*29(510(17'(3$570(176
$87+25,=('72&223(5$7(:,7+
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 6(&7,21:LWKLQDSSURSULDWLRQVDYDLO-
able therefor, the departments, agencies and
RIÀFHUVRIWKHJRYHUQPHQWRIWKLVVWDWHVKDOO
cooperate with and assist the cooperating
committee within the scope contemplated by
 G,VVXDQFHRILGHQWLÀFDWLRQFDUGV
(2) An agreement described in subsection
(1) of this section may be in any form and may
contain any provisions that the department
determines to be in the best interests of the
public and convenient for the department,
including but not necessarily limited to pro-
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of the government of this state are authorized
generally to cooperate with said cooperating
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(b) Audit activities of the person entering
into the agreement to ensure compliance with
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802.565 Participation by department
and payment of fees. The Director of Trans-
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(1) Appoint an employee of the Department
of Transportation to participate in meetings
held by the cooperating committee created
pursuant to the Multistate Highway Trans-
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(2) Pay any membership fee required by
the Multistate Highway Transportation
Agreement from funds appropriated to the
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made a part of the Oregon Vehicle Code or any
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See Preface to Oregon Revised Statutes for
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ment for legislative representative under
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to compensation and expense reimbursement
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AGREEMENTS WITH PRIVATE
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ment business; fees; rules; “integrator”
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addition to any charges or fees that the depart-
ment is authorized by statute to collect for the
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(D) Prohibit disclosure of personal infor-
mation from driver or vehicle records except
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(c) Rules adopted under this subsection shall
be developed in consultation with persons who
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tation may enter into an agreement with  $VXVHGLQWKLVVHFWLRQ´LQWHJUDWRUµ
any person who is not an employee of the means a person who enters into a contract
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integrator, enabling the person to transact on
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ment under an agreement described in this
 D(OHFWURQLFLVVXDQFHRIYHKLFOHWLWOH section; and
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tion, including registration plates or stickers,
WRDSHUVRQZKREX\VDYHKLFOH
(c) Written and skills testing for driver
licenses and permits, including commercial
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transact the business and remit the moneys
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_______________

Title 59 Page 53 (2015 Edition)

OREGON VEHICLE CODE

Page 54 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21

Chapter 803

(',7,21
VEHICLE TITLE AND REGISTRATION

TITLES (Transferor Notice)

803.112 Notice of transfer of interest in vehi-
(Generally) cle; rules; exemptions
803.010 Proof of ownership 803.113 Department action upon receipt of
notice under ORS 803.112; rules
803.012 Rules for title forms and fees
803.114 Knowingly submitting false notice of
 &HUWLÀFDWHFRQWHQWV
transfer; penalty
 7LWOHVLQIRUPRWKHUWKDQFHUWLÀFDWH
803.116 Knowingly submitting false infor-
803.025 Violating title requirements; penalty mation about transfer of interest in
803.030 Exemptions from title requirement vehicle; penalty
803.035 Optional titling; rules 803.117 Effect of notice of transfer on civil
and criminal liability
803.040 Effect of title
803.045 Issuance of title; rules (Odometer Disclosure)
803.050 Application; contents
803.120 Odometer disclosure; contents of
803.055 Delivery of evidence of title; rules form
803.060 Renewal 803.122 Information required; rules
 'XSOLFDWHRUUHSODFHPHQWFHUWLÀFDWH 803.124 Rules for issuance of forms; agree-
fee; application; rules ments for provision of forms; fee
803.126 Odometer disclosure without title
(Offenses)
application; fee
803.070 False statement in application or
assignment; penalty (Transitional Ownership Records)
803.075 False swearing prohibited; penalty 803.130 Purpose of record
 8QODZIXOO\SXEOLVKLQJFHUWLÀFDWHRI 803.132 Circumstances under which transi-
title forms prohibited; penalty tional ownership record acceptable
803.085 Selling untitled vehicle prohibited; as ownership record
penalty 803.134 Fee
803.136 Mandatory rejection, return or invali-
(Fees)
dation of record by department
 )HHVIRUWUDQVIHUDQGFHUWLÀFDWH 803.138 Discretionary rejection, return or
issuance invalidation of record by department

(Transfer of Title or Interest) (Salvage Titles)

803.092 Application for title upon transfer of
interest; when and by whom required;
exceptions
803.094 Release or assignment of title
interest; rules; when and by whom
required; exceptions
803.097 Perfection of security interest in
vehicle; rules
803.098 Certain transactions that do not
create security interest
803.100 Application of Uniform Commercial
Code
803.102 Odometer disclosure statement upon
transfer of interest; when required;
rules
 9HKLFOHLGHQWLÀFDWLRQQXPEHUFKHFN
803.105 Failure to deliver documents on
transfer; late fee; penalty
803.106 Failure to deliver information on
transfer of Oregon-titled vehicle for
ZKLFKWKHUHLVQRWLWOHFHUWLÀFDWH
penalty
803.108 Effect of tax lien on transfer of
vehicle
 $SSOLFDWLRQFHUWLÀFDWHUXOHV
PROVISIONS APPLICABLE TO BOTH
TITLE AND REGISTRATION
(Generally)
803.200 Residency; criteria; exception;
camper on vehicle
803.205 Proof of ownership or security inter-
est on transfer or application for title
RUUHJLVWUDWLRQDIÀGDYLW
803.207 Expedited titling and registration;
fee
803.210 Conditions precedent to issuance of
title for certain vehicles
 ,QVSHFWLRQRIYHKLFOHLGHQWLÀFDWLRQ
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numbers
803.215 Fee for inspection
803.217 Transfer of title and registration for
vehicles abandoned by tenant; rules
803.219 Limitation on car rental fees

Title 59 Page 55 (2015 Edition)

 OREGON VEHICLE CODE

(Offenses)  &HUWLÀFDWLRQRURWKHUSURRIRIFRP-

 1RWLÀFDWLRQWRGHSDUWPHQWRIQDPHRU
address change; rules; requirements;
procedure; exception; penalty
803.225 Failure to designate replica, recon-
structed, assembled or specially
constructed vehicle in title or regis-
tration application; penalty
803.230 Forging, altering or unlawfully pro-
ducing or using title or registration;
penalty
SOLDQFHZLWKÀQDQFLDOUHVSRQVLELOLW\
requirements; rules
803.465 Proof of compliance with pollution
control equipment requirements
803.473 Effect of unpaid registration fees on
issuance of duplicate or replacement
FHUWLÀFDWHRIWLWOH
803.478 Donation to Oregon Department of
Veterans’ Affairs Veterans Suicide
Prevention and Outreach Program

(Cards)
REGISTRATION
803.500 Registration card; contents
803.505 Failure to carry registration card;
(Generally)
penalty
803.300 Failure to register; penalty 803.510 Duplicate or replacement; fee
803.305 Exemptions from general registration
requirements (Plates)
803.310 Optional registration; rules 803.520 Issuance; fees
803.315 Failure to pay registration fee; 803.525 Number of plates issued
penalty
803.530 Period of validity; transfer;
803.320 Permitting unlawful operation of replacement
unregistered vehicle; penalty
803.533 Period of validity for Oregon National
803.325 Purchase and use of out-of-state reg- Guard member or military reservist
istered vehicle; requirements; penalty
803.535 Size, form, material, color, design,
contents
4XDOLÀFDWLRQV
803.538 Color of sky in graphic plates
 4XDOLÀFDWLRQVIRUUHJLVWUDWLRQIHH
803.540 Failure to display plates; exceptions;
rules
penalty
803.355 “Domicile” described
803.545 Failure to display out-of-state plates;
803.360 Domicile requirements for registra- penalty
tion; exceptions
803.550 Illegal alteration or display of plates;
penalty
(Application)
803.370 Contents of application; rules (Stickers)
803.375 False application prohibited; penalty 803.555 Replacement
803.380 Failure to surrender out-of-state reg- 803.560 Improper display; penalty
istration; penalty
803.565 Removal of stickers upon sale of vehi-
803.385 False swearing relating to registra- cle by dealer or towing business
tion; penalty
(Fees)
(Periods and Fees)
803.570 Plate manufacturing fee
803.400 Duration of registration periods
803.575 Fees for cards, plates and stickers;
803.405 Effect of initial registration month issuance; replacement; transfer
803.410 Department authorized to adjust  )HHIRULGHQWLÀFDWLRQGHYLFHIRUSUR-
periods and fees; rules portionally registered vehicle
803.415 Registration periods for vehicles 803.585 Registration fees as substitute for
803.417 Registration period for Oregon taxes on vehicles; exemptions
National Guard member or military
reservist (Miscellaneous)
803.420 Registration fees 803.590 Disposition of plates and refund
803.425 Vehicle length for fee determination of fees when certain vehicles are
803.430 Certain vehicles required to estab- destroyed or withdrawn from service
lish registration weight for fee
determination VEHICLE PERMITS
803.435 Declaration of weight for fee determi-
nation; contents 803.600 Trip permits; authority granted;
types; records; rules; when not
803.440 Failure to submit declaration of required
weight; penalty
803.601 Disposition of fees collected for cer-
803.445 Authority of counties and districts to tain permits
impose registration fees; rules; maxi-
mum amount 803.602 Statement of insurance coverage for
certain trip permits
(Renewal) 803.605 Erroneous issuance of trip permit;
refund of fee
803.450 Notice of pending expiration; excep-
tions; effect of failure to receive; 803.610 Reciprocity permits
records 803.615 Temporary permit for registration
803.455 Failure to renew; fee; penalty applicant

Title 59 3DJH (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21

803.625 Temporary registration permits

issued by dealers; rules
803.630 Agent violation of temporary regis-
tration permit procedures; penalty
803.635 Improper use of temporary registra-
tion permit; penalty
803.640 Prohibition on showing name or
address on permit
803.645 Fees for trip permits
803.650 Placement of permits in vehicles;
rules
803.655 Improper display of permit; penalty
803.660 Color and size of permits
 7RZLQJFRPPHUFLDOÀVKLQJERDWZLWK-
out permit

Title 59 Page 57 (2015 Edition)

 OREGON VEHICLE CODE

Title 59 Page 58 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

TITLES WKHWUDQVIHURIDYHKLFOHXQGHU256
and space for the odometer disclosure required
(Generally) RQWUDQVIHURIDQLQWHUHVWXQGHU256
803.010 Proof of ownership. $FHUWLÀFDWH  ,IWKHYHKLFOHLVDQDVVHPEOHGYHKLFOH
of title is prima facie evidence of the ownership WKHFHUWLÀFDWHVKDOO
RIDYHKLFOHRURIDQLQWHUHVWWKHUHLQ,QDOO (a) Show the make of the vehicle as
actions, suits or criminal proceedings, when ´DVVHPEOHGµ
the title to or right of possession of any vehicle
is involved, proof of the ownership or right to (b) Show the year the building of the vehicle
SRVVHVVLRQVKDOOEHPDGHE\PHDQVRI LVFRPSOHWHGDVWKH\HDUPRGHORIWKHYHKLFOH
 7KHRULJLQDOFHUWLÀFDWHRIWLWOHLVVXHGE\  7KHFHUWLÀFDWHVKDOOVKRZWKHPLOHDJHRI
the Department of Transportation; the vehicle as reported to the department at the
time the most recent title transfer was reported
 $VDOYDJHWLWOHFHUWLÀFDWHLVVXHGE\WKH
department; or
(3) The department records as provided
XQGHU256>F†
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803.012 Rules for title forms and fees.
(1) The Department of Transportation may
to the department, or the mileage reported to
the department at the time the vehicle was ini-
WLDOO\WLWOHGLQ2UHJRQZKLFKHYHURFFXUUHGODVW
The information required by this subsection
shall be shown as reported to the department
on odometer disclosure reports required by law
WREHVXEPLWWHGWRWKHGHSDUWPHQW
adopt rules authorizing different forms of title  7KHFHUWLÀFDWHVKDOOFRQWDLQDQ\EUDQG
DQGVSHFLI\LQJWKHXVHVRIWKHGLIIHUHQWIRUPV RUQRWDWLRQVSHFLÀHGE\WKHGHSDUWPHQWE\UXOH
The rules may include, but need not be limited  7KHFHUWLÀFDWHVKDOOFRQWDLQDQ\RWKHU
to, rules authorizing and describing uses of LQIRUPDWLRQUHTXLUHGE\WKHGHSDUWPHQW
HOHFWURQLFWLWOHVDQGFHUWLÀFDWHVRIWLWOH
(2) Rules adopted under this section may
require or allow different forms of title for dif-
IHUHQWSXUSRVHVRUIRUGLIIHUHQWSHUVRQV
(3) Rules adopted under this section may
include fee structures that vary for different
forms of title but in no case may the depart-
ment charge more than the fees established for
VLPLODUWLWOHWUDQVDFWLRQVXQGHU256
>F†@
803.015 Certificate contents. The
Department of Transportation shall design a
FHUWLÀFDWHRIWLWOHIRUYHKLFOHVIRUVLWXDWLRQVLQ
ZKLFKWKHGHSDUWPHQWGHWHUPLQHVWKDWFHUWLÀ-
FDWHVZLOOEHLVVXHG$FHUWLÀFDWHRIWLWOHLVVXHG
 7KHFHUWLÀFDWHVKDOOEHSURGXFHGE\
a secure process that meets or exceeds the
UHTXLUHPHQWVRIIHGHUDOODZ>F†
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803.016 Titles in form other than cer-
WLÀFDWH,IWLWOHWRDYHKLFOHLVQRWWREHLVVXHG
LQWKHIRUPRIDFHUWLÀFDWHWKHUHFRUGRIWLWOH
kept by the Department of Transportation
shall include all information required by ORS
1RWKLQJLQWKLVVHFWLRQUHTXLUHVWKDW
WLWOHLVVXHGLQDIRUPRWKHUWKDQDFHUWLÀFDWH
(1) Be numbered as required by ORS
by the department shall conform to all of the 
IROORZLQJ
(2) Be authenticated as required by ORS
 7KHFHUWLÀFDWHVKDOOEHQXPEHUHGLQD 
PDQQHUSUHVFULEHGE\WKHGHSDUWPHQW
 +DYHWKHVSDFHUHTXLUHGE\256
 7KHFHUWLÀFDWHVKDOOFRQWDLQDGHVFULSWLRQ (8); or
RIWKHYHKLFOH
(4) Be produced by a secure process as
 7KHFHUWLÀFDWHVKDOOFRQWDLQHYLGHQFH UHTXLUHGE\256>F
RILGHQWLÀFDWLRQRIWKHYHKLFOHWKHGHSDUWPHQW †F†F†@
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803.020>F†DUHSHDOHGE\
 7KHFHUWLÀFDWHVKDOOFRQWDLQWKHQDPHRI F†@
WKHRZQHURIWKHYHKLFOH
803.025 Violating title requirements;
 7KHFHUWLÀFDWHVKDOOLGHQWLI\DQ\VHFXULW\
LQWHUHVWKROGHUVLQWKHRUGHURIWKHLUSULRULW\
This subsection does not apply to the security
interests where the debtor who granted the
security interest is in the business of selling
penalty. (1) A person commits the offense
of violating vehicle title requirements if the
person owns or operates any vehicle in this
VWDWHIRUZKLFKWKLVVWDWHKDVQRWLVVXHGWLWOH
vehicles and the vehicle constitutes inventory  ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
KHOGIRUVDOHRUOHDVH OLVKHGE\2567KHH[HPSWLRQVDUH
VXEMHFWWR256
 7KHFHUWLÀFDWHVKDOOLGHQWLI\DQ\OHVVRU
RIWKHYHKLFOH (3) The offense described in this section,
violating vehicle title requirements, is a Class
 7KHFHUWLÀFDWHVKDOOEHDXWKHQWLFDWHG 'WUDIÀFYLRODWLRQ>F†F
by a seal of the State of Oregon printed on the †F†F†F
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information required by the department upon

Title 59 Page 59 (2015 Edition)

 OREGON VEHICLE CODE
803.030 Exemptions from title require-
ment. This section establishes exemptions
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WR REWDLQ WLWOH LVVXHG E\ WKLV VWDWH 7KH
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exemptions are in addition to any exemptions
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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
7KHH[HPSWLRQVDUHSDUWLDORUFRP-
SOHWHDVSURYLGHGLQWKHIROORZLQJ (c) They are designed to be and are operated
(1) Title from this state is not required for
a vehicle unless the vehicle is operated on a
KLJKZD\LQWKLVVWDWH
(2) Title from this state is not required
unless a vehicle is operated under a registra-
WLRQQXPEHURIWKLVVWDWH
(12) Golf carts operated under an ordinance
DGRSWHGXQGHU256DUHH[HPSWIURP
UHTXLUHPHQWVIRUWLWOH
(13) Golf carts or similar vehicles are exempt
IURPUHTXLUHPHQWVIRUWLWOHZKHQ
(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;
at not more than 15 miles per hour; and
(d) They are operated by persons with
GLVDELOLWLHV
(14) 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
 6QRZPRELOHVDQG&ODVV,&ODVV,,,DQG
&ODVV,9DOOWHUUDLQYHKLFOHVDUHQRWVXEMHFW
WRWKHUHTXLUHPHQWVXQGHU2567KH
requirements and procedures for titling snow-
PRELOHVDUHDVSURYLGHGXQGHU256
DQG
(4) Road rollers, farm tractors and traction
engines are exempt from the requirements for
WLWOH
(5) Trolleys are exempt from the require-
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complying with the titling requirements under
256$OORIWKHIROORZLQJDSSO\WRWKLV
VXEVHFWLRQ
(a) This subsection only provides an exemp-
tion so long as the owner satisfactorily shows
that the owner is not a resident of this state or
has been a resident of this state for less than
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person is a resident of this state if the person
meets the residency requirements described
LQ256
 %LF\FOHVDUHH[HPSWIURPWKHUHTXLUH-
PHQWVIRUWLWOH
(7) United States Government owned and
operated motor vehicles and trailers are
H[HPSWIURPWKHUHTXLUHPHQWVIRUWLWOH
(b) The exemption under this subsection
applies to vehicles granted exemptions under
256RUXQOHVVRWK-
erwise provided under paragraph (c) of this
VXEVHFWLRQ
 F([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
 ,PSOHPHQWVRIKXVEDQGU\ZHOOGULOOLQJ paragraph, a vehicle operated over the high-
PDFKLQHU\HPHUJHQF\ÀUHDSSDUDWXVSURYLG- ZD\VRIWKLVVWDWHIRUFRPSHQVDWLRQRUSURÀW
LQJSXEOLFÀUHSURWHFWLRQDQGZKHHOFKDLUVDUH must comply with the titling requirements
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 ([FHSWDVSURYLGHGLQVXEVHFWLRQ
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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
RUFRXQW\URDGVKLJKZD\VRUFLW\VWUHHWV
(10) Motor vehicles designed to operate at a
loaded weight over 8,000 pounds, trailers and
equipment are exempt from requirements for
WLWOHZKLOH 256DQGDFFRUGLQJWRWKHSURFHGXUHV
(a) Owned, leased, contracted or requisi-
tioned 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
SURWHFWLRQDQGÀUHVXSSUHVVLRQXQGHU256
chapter 477 or a similar federal statute, includ-
ing movement of the vehicles to and from the
ZRUNDUHD
UHTXLUHGRIQRQWLWOHGYHKLFOHV7KHIROORZLQJ
YHKLFOHVDUHQRWVXEMHFWWRWKLVSDUDJUDSK
(A) Vehicles operated under reciprocal reg-
istration exemptions established under ORS
RU
(B) Vehicles operated under an exemption
HVWDEOLVKHGXQGHU256
(C) Vehicles that are proportionally regis-
tered under an agreement established under
HVWDEOLVKHGXQGHU256RU
(D) Any vehicle if duly registered and titled
under the laws of the state or country of which
WKHRZQHULVDERQDÀGHUHVLGHQWWRWKHH[WHQW
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
VWDWHDQGRZQHGE\UHVLGHQWVRIWKLVVWDWH
(11) Farm trailers are exempt from require-
ments for title when the operation or movement
of the vehicle upon the highways is incidental
WRLWVXVHLQDQDJULFXOWXUDORSHUDWLRQ
 G,IQRH[HPSWLRQVIURPWLWOLQJUHTXLUH-
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another jurisdiction, any vehicle properly reg-
istered and titled in such other jurisdiction and
for which evidence of compliance is supplied
shall receive, when operated in this state,

Title 59 3DJH (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21
WKHVDPHH[HPSWLRQVEHQHÀWVDQGSULYLOHJHV
granted by such other jurisdictions to vehi-
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Reciprocity extended under this paragraph
shall apply to commercial vehicles only when
HQJDJHGH[FOXVLYHO\LQLQWHUVWDWHFRPPHUFH
(e) Any vehicle operated under dealer regis-
tration plates issued by another state, country,
province, territory or the District of Columbia
LVVXEMHFWWRWKLVVXEVHFWLRQ
 
803.035 Optional titling; rules. (1) The
Department of Transportation, by rule, may
provide for optional titling of vehicles that are
not subject to the vehicle titling requirements
XQGHU256RUWKDWDUHH[HPSWIURP
YHKLFOHWLWOLQJUHTXLUHPHQWVE\256
The rules adopted for purposes of this subsec-
tion may provide for the titling of categories of
YHKLFOHVW\SHVRIYHKLFOHVRURWKHUZLVH8SRQ
request of an owner, the department may issue
title for a vehicle that meets the requirements
 9HKLFOHGHDOHUVLVVXHGFHUWLÀFDWHVXQGHU RIUXOHVDGRSWHGXQGHUWKLVVHFWLRQ
256PD\XVHDQGRSHUDWHXQWLWOHG
YHKLFOHVDVSURYLGHGXQGHU256 (2) A vehicle that is issued title under this
section is subject to the same provisions, con-
 7RZLQJEXVLQHVVHVLVVXHGFHUWLÀFDWHV ditions, fees and other requirements for titling
XQGHU256PD\WRZXQWLWOHGYHKLFOHV as are other vehicles under the vehicle code and
DVSURYLGHGXQGHU256 LVVXEMHFWWR256>F†
 9HKLFOHWUDQVSRUWHUVLVVXHGFHUWLÀFDWHV F†@
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(18) Untitled vehicles may be operated under
WULSSHUPLWVGHVFULEHGXQGHU256RU
XQGHUSHUPLWVGHVFULEHGXQGHU256
WR
(19) 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
WKHUHTXLUHPHQWVIRUWLWOH
(20)(a) Vehicles that are registered under
the proportional registration provisions of
803.040 Effect of title. ,IWKLVVWDWH
has issued title for a vehicle, the vehicle shall
remain titled by this state and subject to all
of the provisions of the vehicle code relating
to vehicles titled by this state until one of the
IROORZLQJRFFXUV
(a) The vehicle becomes legally titled under
WKHODZVRIDQRWKHUMXULVGLFWLRQ
(b) The owner of the vehicle establishes that
the vehicle is no longer subject to the vehicle
titling requirements under the vehicle code
by a method recognized or established by the
'HSDUWPHQWRI7UDQVSRUWDWLRQ
256FKDSWHUDQGDUHWLWOHGLQDMXULVGLF-
tion other than Oregon are exempt from the
UHTXLUHPHQWVIRUWLWOH
(b) A trailer that is registered under the
proportional registration provisions of ORS
FKDSWHUDQGWLWOHGLQDMXULVGLFWLRQRWKHU
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
UHTXLUHPHQWVIRUWKHWUDLOHU
(21) Converter dollies and tow dollies are
H[HPSWIURPWKHUHTXLUHPHQWVIRUWLWOH
 F$VDOYDJHWLWOHLVLVVXHGIRUWKHYHKLFOH
(2) Subsection (1) of this section applies to
a vehicle issued title by this state even if one
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(a) At some time after issuance of the title
by this state, the vehicle becomes eligible for
an exemption from titling requirements under
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(b) The issuance of the title was permissive
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(c) The vehicle is not required to comply with
vehicle titling provisions of the vehicle code for
 (OHFWULFSHUVRQDODVVLVWLYHPRELOLW\
devices are exempt from the requirements for
WLWOH
(23) Road machinery that is operated at the
direction of a road authority is exempt from the
UHTXLUHPHQWVIRUWLWOH7KHH[HPSWLRQXQGHU
this subsection also applies when the operation
of road machinery upon a highway or an alley
is incidental to its use in a highway mainte-
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803.045 Issuance of title; rules. (1) The
Department of Transportation shall issue title
for a vehicle if the applicant and the vehicle
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(a) The applicant must satisfy the depart-
ment that the applicant is the owner of the
vehicle and is otherwise entitled to have title
LVVXHGLQWKHDSSOLFDQW·VQDPH
(24) Special mobile equipment is exempt  E([FHSWDVRWKHUZLVHSURYLGHGLQ256
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†F†F†F
†F†F†F†
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F†IF†F
†F†F†F
†F†F†F
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WKHDSSOLFDQWPXVWVXEPLWDFRP-
pleted and signed application for title described
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(c) The applicant must pay the fee for issu-
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or the fee for issuance of title in another form,
as established by the department by rule in
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 G,IWKHYHKLFOHLVDUHFRQVWUXFWHGYHKLFOH
or an assembled vehicle, the applicant must

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

provide the following information in addition Department of Transportation and shall con-
to any other information required under this WDLQDOOWKHIROORZLQJ
VHFWLRQ (a) A full description of the vehicle, includ-
 $7KHFHUWLÀFDWHRIWLWOHODVWLVVXHGIRUWKH
IUDPHRIWKHYHKLFOHDVDOYDJHWLWOHFHUWLÀFDWH
issued for the vehicle or other evidence of own-
HUVKLSVDWLVIDFWRU\WRWKHGHSDUWPHQW
(B) Bills of sale for major components used
WREXLOGWKHYHKLFOH
ing, but not necessarily limited to, the vehicle
LGHQWLÀFDWLRQQXPEHU
(b) The name of the owner of the vehicle or
other person whose name is to be shown on the
WLWOH
(c) The identity of any security interests in
 H,IWKHYHKLFOHLVFRYHUHGE\DQ2UHJRQ RUGHURISULRULW\
WLWOHRUVDOYDJHWLWOHFHUWLÀFDWHWKHDSSOLFDQW
shall surrender the Oregon title or salvage title
FHUWLÀFDWHVXEPLWDQDSSOLFDWLRQDVSURYLGHG
XQGHU256RUVXEPLWRWKHUHYLGHQFH
RIRZQHUVKLSVDWLVIDFWRU\WRWKHGHSDUWPHQW
(f) Unless the department adopts rules to
the contrary, if the vehicle is from another
jurisdiction, the applicant shall surrender to
the department with the application the certif-
icate of title issued by the other jurisdiction, if
VXFKMXULVGLFWLRQUHTXLUHVFHUWLÀFDWHVRIWLWOH,I
 G7KHLGHQWLW\RIWKHLQWHUHVWRIDQ\OHVVRU
(e) A disclosure of whether the vehi-
cle is a replica or is specially constructed,
UHFRQVWUXFWHGRUDVVHPEOHG,IWKHWLWOHDQG
registration records of the department already
indicate that a vehicle is a replica or is spe-
cially constructed, reconstructed or assembled,
disclosure under this subsection is not required
unless the vehicle has been changed since title
IRUWKHYHKLFOHZDVODVWWUDQVIHUUHG
VXFKMXULVGLFWLRQGRHVQRWUHTXLUHFHUWLÀFDWHV  I,IWKHWLWOHDSSOLFDWLRQVKRZVDOHDVHKROG
of title, then the applicant shall surrender the interest, the lessor shall designate whether the
UHJLVWUDWLRQFDUGV lessor or the lessee is to be shown on the title
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applicant must submit proof of ownership as
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(h) Other than a racing activity vehicle as
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UHDVRQWREHOLHYHDYHKLFOHZDVQRWFHUWLÀHG
by the original manufacturer as conforming
to federal vehicle standards, the department
may require the applicant to provide proof sat-
isfactory to the department that the vehicle
FRQIRUPVWRIHGHUDOYHKLFOHVWDQGDUGV
(i) Unless the vehicle is exempted from
odometer disclosure requirements, the appli-
(g) Any other information required by the
GHSDUWPHQW
(2) Notwithstanding subsection (1) of this
section, the department may accept an applica-
tion that does not contain everything required
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DVWRWKHRZQHUVKLSRIWKHYHKLFOH>F
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803.055 Delivery of evidence of title;
cant shall submit an appropriate odometer
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mine what constitutes an appropriate form in
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make exceptions by rule to the requirement for
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rules. :KHQDFHUWLÀFDWHRIWLWOHLVLVVXHGE\
this state, the Department of Transportation
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RWKHUZLVHSURYLGHGE\ODZ
(a) To the security interest holder with the
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(2)(a) The department may not issue title  E,IWKHUHDUHQRVHFXULW\LQWHUHVWKROGHUV
IRUDYHKLFOH WRWKHOHVVRU
 $5HTXLUHGE\256WREHLQVSHFWHG  F,IWKHUHDUHQRVHFXULW\LQWHUHVWKROGHUV
unless the vehicle has been inspected as RUOHVVRUVWRWKHRZQHURIWKHYHKLFOH
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by this state, the department shall deliver the
 %,IWKHFXUUHQWYHKLFOHWLWOHFHUWLÀFDWHRU
ownership document is a junk title, junk certif-
icate or similar ownership document issued by
another jurisdiction, or has a junk or similar
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(b) The department may adopt any rules it
considers necessary for the administration of
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803.050 Application; contents. (1) An
application for title required under ORS
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Title 59 3DJH
FHUWLÀFDWHWRWKHRZQHURIWKHYHKLFOH
(3) The department may determine by rule
whether, when, how and to whom titles issued
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HUHG>F†F†
F†F†@
803.060 Renewal. A title does not require a
renewal and is valid until one of the following
RFFXUV
(1) The vehicle is destroyed, dismantled or
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(2) Any interest reflected on the title
FKDQJHV>F†F†
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(2015 Edition)
 9(+,&/(7,7/($1'5(*,675$7,21  

803.065 Duplicate or replacement cer- (2) The offense described in this section,
WLÀFDWHIHHDSSOLFDWLRQUXOHV(1) The false statement on title or transfer of vehicle,
Department of Transportation may issue a LVD&ODVV$PLVGHPHDQRU>F†
GXSOLFDWHRUUHSODFHPHQWFHUWLÀFDWHRIWLWOH F†F†F†
ZKHQDOORIWKHIROORZLQJRFFXU F†@
 D7KHGHSDUWPHQWLVVDWLVÀHGDVWRWKHORVV
PXWLODWLRQRUGHVWUXFWLRQRIDFHUWLÀFDWHRIWLWOH
RUVDOYDJHWLWOHFHUWLÀFDWH
(b) The fee for issuance of a duplicate or
UHSODFHPHQWFHUWLÀFDWHRIWLWOHRUIRUDVDOYDJH
WLWOHFHUWLÀFDWHHVWDEOLVKHGXQGHU256
LVSDLG
(2) The department may accept an appli-
cation for a duplicate or replacement title
FHUWLÀFDWHDWWKHWLPHRIDQ\WUDQVIHURIDYHKL-
FOHXQGHU2567KHIROORZLQJDSSO\WR
WKLVVXEVHFWLRQ (2) Penalties relating to submitting a false
(a) The department shall only accept the
application if, at the time of transfer, the title
FHUWLÀFDWHLVORVWPXWLODWHGRUGHVWUR\HG
(b) When the department accepts an appli-
cation, the department may accept proof of
WUDQVIHURWKHUWKDQWKHFHUWLÀFDWHRIWLWOHRU
PD\DFFHSWDFHUWLÀFDWHRIWLWOHWKDWKDVQRW
been completed along with other proof of trans-
fer for purposes of transferring a vehicle under
2567KHGHSDUWPHQWPD\DFFHSWDQ\
proof of transfer under this paragraph that
establishes to the satisfaction of the depart-
ment that the vehicle has been transferred
including, but not limited to, statements of
release of interest, bills of sale, assignments
RILQWHUHVWRURWKHUVLPLODUSURRI
803.075 False swearing prohibited; pen-
alty. (1) A person commits the offense of false
swearing relating to titling of vehicles if the
SHUVRQNQRZLQJO\PDNHVDQ\IDOVHDIÀGDYLW
RUNQRZLQJO\VZHDUVRUDIÀUPVIDOVHO\WRDQ\
matter or thing relating to the titling of vehi-
FOHVXQGHUWKHYHKLFOHFRGH)RUSXUSRVHVRI
WKLVVHFWLRQ´WLWOLQJRIYHKLFOHVµLQFOXGHVEXWLV
not necessarily limited to, matters and things
related to salvage titles for vehicles issued by
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odometer reading relating to the titling of
a vehicle shall be as provided under ORS

(3) The offense described in this section,
false swearing relating to titling of vehicles,
LVD&ODVV$PLVGHPHDQRU>F†
F†F†F†
F†F†@
803.080 Unlawfully publishing certif-
icate of title forms prohibited; penalty.
(1) A person commits the offense of unlawfully
SXEOLVKLQJFHUWLÀFDWHRIWLWOHIRUPVLIWKHSHUVRQ
produces in any way, or causes to be produced,
without the authority of the Department of
Transportation, facsimiles of the blank forms
XSRQZKLFKWKHGHSDUWPHQWLVVXHVFHUWLÀFDWHV
RIWLWOHRUVDOYDJHWLWOHFHUWLÀFDWHV
 F,IDQDSSOLFDWLRQLVPDGHXQGHUWKLVVXE-
section, the fee for duplicate or replacement
WLWOHFHUWLÀFDWHXQGHU256VKDOOEH
paid in addition to the transfer fee under ORS

(d) The department may include the form
for application under this subsection as part of
the form for transfer of a vehicle or may make
WKHIRUPVVHSDUDWHDVWKHGHSDUWPHQWÀQGV
FRQYHQLHQW
(e) The department is not required by this
subsection to issue a duplicate or replacement
title before transfer, but may withhold issuance
of title until new title is issued upon completion
RIWUDQVIHU
(f) The department may adopt rules to estab-
lish procedures and requirements for effecting
DWUDQVIHUXQGHU256ZKHQDSSOLFD-
tion is made under this subsection at the same
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(2) The offense described in this section,
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LVD&ODVV&IHORQ\>F†F
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803.085 Selling untitled vehicle pro-
hibited; penalty. (1) A person commits the
offense of selling an untitled vehicle if the
person sells a vehicle without complying with
WKHUHTXLUHPHQWVXQGHU256DQG
WRREWDLQDWLWOHIRUWKHYHKLFOHRUWKH
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(2) The offense described in this section,
selling an untitled vehicle, is a Class A misde-
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(Fees)
 )HHVIRUWUDQVIHUDQGFHUWLÀFDWH
issuance. The following fees are the fees for
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(Offenses)  7KHWUDQVIHUIHHXQGHU256
803.070 False statement in application  D)RUDVDOYDJHWLWOH
or assignment; penalty. (1) A person com- (b) For trailers eligible for permanent reg-
mits the offense of false statement on title or
transfer of vehicle if the person knowingly
makes any false statement of a material fact
in an application for title to a vehicle, in an
application for salvage title for a vehicle or in
DQ\DVVLJQPHQWRIWLWOHWRDYHKLFOH
LVWUDWLRQXQGHU256DQGPRWRU
vehicles with a gross vehicle weight rating
RYHUSRXQGVH[FOXGLQJPRWRUKRPHV

(c) For vehicles other than vehicles for which
the title fee is described in paragraph (b) of this
VXEVHFWLRQ

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

 7KHIHHIRULVVXDQFHRIDFHUWLÀFDWHRI by an Oregon title the transferee shall submit

WLWOHXQGHU256 an application for title to the Department of
(a) For trailers eligible for permanent reg- 7UDQVSRUWDWLRQ6XFKDSSOLFDWLRQVKDOOEHVXE-
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vehicles with a gross vehicle weight rating
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(b) For vehicles other than vehicles for which
the title fee is described in paragraph (a) of this
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(3) The fee for issuance of a salvage title
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(4) The fee for issuance of a duplicate or
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 going and the transfer of the interest of the
(a) For a duplicate or replacement salvage
WLWOHFHUWLÀFDWH
(b) For trailers eligible for permanent reg-
mitted to the department within 30 days of the
GDWHRIWUDQVIHURILQWHUHVW
(2) Notwithstanding subsection (1) of this
section, application is not required under this
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(a) The change involves only a change in the
security interest where the security interest
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(A) Results from the merger, conversion,
reorganization, consolidation or acquisition
LVWUDWLRQXQGHU256DQGPRWRU of the security interest holder or lessor;
vehicles with a gross vehicle weight rating  %,VWRDQHQWLW\WKDWLVDPHPEHURIWKH
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 lessor; or
(c) For vehicles other than vehicles for which
the title fee is described in paragraph (b) of this
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(5) The fee under subsection (4) of this sec-
tion may not be paid at the same time as a
transfer fee under this section if application
is made at the same time as application for
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(b) The vehicle is transferred to a vehicle
dealer and the vehicle will become part of
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transfer of a vehicle to a dealer, however, the
dealer shall immediately notify the depart-
PHQWRIVXFKWUDQVIHU7KLVH[HPSWLRQIURPWKH
 7KHIHHIRULVVXDQFHRIDQHZFHUWLÀFDWH requirement to apply for title does not apply
RIWLWOHXQGHU256LQGLFDWLQJDFKDQJH if the department determines that applica-
RIQDPHRUDGGUHVV tion for title is necessary in order to comply
ZLWKRGRPHWHUGLVFORVXUHUHTXLUHPHQWV,IWKH
 D)RUDQHZVDOYDJHWLWOHFHUWLÀFDWH department determines that application for
(b) For trailers eligible for permanent reg- WLWOHLVQRWUHTXLUHGLWPD\UHTXLUHÀOLQJRI
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vehicles with a gross vehicle weight rating
RYHUSRXQGVH[FOXGLQJPRWRUKRPHV

(c) For vehicles other than vehicles for which
the title fee is described in paragraph (b) of this
VXEVHFWLRQ
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(c) The vehicle is to be titled in another
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(d) The vehicle has been totaled, wrecked,
dismantled, disassembled, substantially
altered or destroyed, in which case the pro-
YLVLRQVRI256RU
 7KHIHHIRUODWHSUHVHQWDWLRQRIFHUWLÀFDWH
RIWLWOHXQGHU256IURPWKHVW
GD\DIWHUWKHWUDQVIHUWKURXJKWKHWKGD\
DIWHUWKHWUDQVIHUDQGWKHUHDIWHU
(8) The fees for title transactions involving
DIRUPRIWLWOHRWKHUWKDQDFHUWLÀFDWHVKDOOEH
the amounts established by the Department
UHODWLQJWRQRWLFHDQGVXUUHQGHURI
WLWOHGRFXPHQWVVKDOOEHFRPSOLHGZLWK
(e) The transfer involves the creation or ter-
mination of a leasehold interest in a vehicle
that is proportionally registered under ORS
RULIWKHGHSDUWPHQWLVIXU-
QLVKHGZLWKVDWLVIDFWRU\SURRIRIWKHOHDVH
RI7UDQVSRUWDWLRQE\UXOHXQGHU256
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†F†F†F
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(Transfer of Title or Interest)
803.092 Application for title upon
transfer of interest; when and by whom
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
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(a) Submit an application that meets
UHTXLUHPHQWV IRU WLWOH XQGHU 256 
DQGDQGDQ\DSSOLFDEOHUXOHVRIWKH
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(b) Submit the title transfer fees as required
XQGHU256
(c) Comply with the provisions of ORS
 DQG DQ\ DSSOLFDEOH UXOHV RI WKH
required; exceptions. ([FHSWDVRWK- department under that statute and submit the
erwise provided in this section, upon the duplicate or replacement title fee as provided
transfer of any interest in a vehicle covered XQGHU256LIWKHWUDQVIHULQFOXGHVDQ

Title 59 3DJH (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

application for duplicate or replacement title
DQGWUDQVIHURIWLWOH
(d) Submit an odometer disclosure contain-
ing information required by the department for
WKHNLQGRIWUDQVDFWLRQLQYROYHG
holder if the estate is not being probated and
title is not being transferred under the provi-
VLRQVRI256LQWHUHVWPD\EHDVVLJQHG
WKURXJKWKHXVHRIDQDIÀGDYLW7KHDIÀGDYLW
shall be on a form prescribed by the depart-
ment and signed by all of the known heirs of
 H6XEPLWDQ\ODWHSUHVHQWDWLRQRIFHUWLÀ- the person whose interest is being transferred
FDWHRIWLWOHIHHDVSURYLGHGXQGHU256 stating the name of the person to whom the
LIVXFKIHHLVUHTXLUHGXQGHU256 RZQHUVKLSLQWHUHVWKDVEHHQSDVVHG,IDQ\KHLU
 )RUSXUSRVHVRIWKLVVHFWLRQ has not arrived at the age of majority or is
otherwise incapacitated, the parent or guard-
 D´$IÀOLDWHGJURXSµKDVWKHPHDQLQJJLYHQ LDQRIWKHKHLUVKDOOVLJQWKHDIÀGDYLW,QWKH
WRWKHWHUPLQVHFWLRQDRIWKH,QWHUQDO case of a transfer under this paragraph, one
5HYHQXH&RGHRIDVDPHQGHG86& of the heirs or any other person designated
D by the department by rule shall complete any
 E$´WUDQVIHULQEXONµLV odometer disclosure statement required under
256
(A) The sale or assignment of, the grant of
a security interest in, or any other transfer
of either a group of loans secured by vehicles,
leases of vehicles or both or a participation or
other interest in the group of loans;
(B) The creation of asset-backed securities
or other securing of assets involving the loans
or leases; or
(C) Any similar transaction involving the
ORDQVRUOHDVHV>F†F†
F†F†F†
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803.094 Release or assignment of
title interest; rules; when and by whom
 F,QWKHFDVHRIDWUDQVIHUDWGHDWKRIWKH
interest of the owner, lessor or security inter-
est holder where transfer occurs under the
SURYLVLRQVRI256WKH´DIÀDQWµDV
GHÀQHGLQ256LVWKHSHUVRQUHTXLUHG
WRDVVLJQLQWHUHVW7KHGHSDUWPHQWPD\GHVLJ-
QDWHE\UXOHWKHDIÀDQWRUDQ\RWKHUSHUVRQWR
complete any odometer disclosure statement
UHTXLUHGXQGHU256
(d) Upon the termination of a lease, in lieu
of the lessee releasing interest, the lessor may
provide information satisfactory to the depart-
PHQWWKDWWKHOHDVHKDVEHHQWHUPLQDWHG7KH
lessor shall provide an odometer disclosure
VWDWHPHQWLIUHTXLUHGXQGHU256
required; exceptions. ([FHSWDVRWKHU-
wise provided in this section, upon the transfer
of any interest shown on an Oregon title any
person whose interest is released, terminated,
assigned or transferred, shall release or assign
WKDWLQWHUHVWLQDPDQQHUVSHFLÀHGE\WKH
'HSDUWPHQWRI7UDQVSRUWDWLRQE\UXOH5XOHV
adopted for purposes of this subsection shall
be designed, as much as possible, to protect
WKHLQWHUHVWVRIDOOSDUWLHVWRWKHWUDQVIHU
,IUHTXLUHGXQGHU256WKHSHUVRQ
shall also complete an odometer disclosure
VWDWHPHQW
(2) Notwithstanding subsection (1) of this
VHFWLRQ notice of such assignment is protected in deal-
,IWKHOHVVRUGRHVQRWWDNHSRVVHVVLRQRIWKH
vehicle upon termination of the lease, the infor-
mation in the odometer disclosure given by the
lessor may be taken from an odometer disclo-
sure given by the lessee to the lessor under
256XQOHVVWKHOHVVRUKDVUHDVRQWR
believe that the disclosure by the lessee does
QRWUHÁHFWWKHDFWXDOPLOHDJHRIWKHYHKLFOH
(e) A security interest holder or lessor,
without the consent of the owner, may assign
interest of the holder or lessor in a vehicle to
a person other than the owner without affect-
ing the interest of the owner or the validity
RUSULRULW\RIWKHLQWHUHVW$SHUVRQQRWJLYHQ
ing with the security interest holder or lessor
 D,QWKHFDVHRIDWUDQVIHUE\RSHUDWLRQRI
law of any interest shown on an Oregon title,
the personal representative, receiver, trustee,
sheriff or other representative or successor
in interest of the person whose interest is
transferred shall release or assign interest
and if required by the department by rule,
DV SURYLGHG XQGHU 256  FRPSOHWH
an odometer disclosure statement and shall
SURYLGHWKHFHUWLÀFDWHLIDQ\DQGGLVFORVXUH
VWDWHPHQWLIUHTXLUHGWRWKHWUDQVIHUHH7KH
representative or successor shall also provide
the transferee with information satisfactory to
the department concerning all facts entitling
such representative or successor to transfer
WLWOH,IWKHUHLVQRSHUVRQWRDVVLJQLQWHUHVW
the person to whom interest is awarded or oth-
erwise transferred shall be responsible for the
UHTXLUHPHQWVRIWKLVSDUDJUDSK
as the holder of the interest until the assignee
ÀOHVLQDFFRUGDQFHZLWK256FKDSWHU7KLV
paragraph does not exempt such assignments
IURPWLWOHWUDQVIHUUHTXLUHPHQWV
(3) Nothing in this section requires the
release or assignment of title upon the cre-
ation or termination of a leasehold interest
for a vehicle that is proportionally registered
XQGHU256RULIWKHGHSDUW-
ment is furnished with satisfactory proof of
WKHOHDVHIRUVXFKYHKLFOH
(4) The department by rule may allow odom-
eter disclosure statements to be on a form other
WKDQWKHFHUWLÀFDWHRIWLWOH
(5) Persons subject to the provisions of this
section shall provide to the transferee a title
FHUWLÀFDWHLIRQHKDVEHHQLVVXHGDQGLVLQ
their possession, the release or assignment of
 E,QWKHFDVHRIDWUDQVIHUDWGHDWKRIWKH interest, and any required odometer disclosure
interest of the owner, lessor or security interest VWDWHPHQW,IDQRGRPHWHUGLVFORVXUHVWDWHPHQW

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE
is required, the transferee shall provide a
signed disclosure to the transferor in a form
GHWHUPLQHGE\WKHGHSDUWPHQWE\UXOH>
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803.095>F†F†
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803.097 Perfection of security interest
(4) The security interest remains effective
until released or terminated by the secured
SDUW\
(5) A security interest in a vehicle may not
be perfected as described under this section
but is subject to the perfection provisions under
256FKDSWHULI
(a) The debtor who granted the security
interest is in the business of selling vehicles
and the vehicle constitutes inventory held for
in vehicle; rules. ([FHSWDVSURYLGHGLQ
subsection (5) of this section, the exclusive
means for perfecting a security interest in
a vehicle is by application for notation of the
security interest on the title in accordance with
WKLVVHFWLRQ7KHDSSOLFDWLRQPD\DFFRPSDQ\
the application for a title or may be made sep-
arately at any time prior to issuance of title
and must be accompanied by evidence of
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Transportation by rule unless the department
is in possession of evidence of ownership when
LWUHFHLYHVWKHDSSOLFDWLRQ,IWLWOHWRWKHYHKLFOH
KDVEHHQLVVXHGLQDIRUPRWKHUWKDQDFHUWLÀ-
FDWHDQGWKHWLWOHUHÁHFWVDVHFXULW\LQWHUHVW
the application for perfection shall include
authorization from the previous security inter-
est holder for the new security interest to be
UHFRUGHGRQWKHWLWOH$XWKRUL]DWLRQXQGHUWKLV
sale or lease; or
(b) The vehicle is exempt from titling
UHTXLUHPHQWVXQGHU256>F
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803.098 Certain transactions that do
not create security interest. Notwithstand-
ing any other provision of law, in the case of
motor vehicles or trailers, a transaction does
not create a sale or security interest merely
because it provides that the rental price is
permitted or required to be adjusted under
the agreement either upward or downward by
reference to the amount realized upon sale or
RWKHUGLVSRVLWLRQRIWKHPRWRUYHKLFOHRUWUDLOHU
>F†@
803.100 Application of Uniform Com-
VXEVHFWLRQLVQRWUHTXLUHGLI mercial Code.  ([FHSW DV SURYLGHG LQ
(a) A release of interest is submitted by the subsection (2) of this section, the rights and
prior security interest holder or the depart- remedies of all persons in vehicles subject
PHQWLVRWKHUZLVHVDWLVÀHGWKDWWKHSULRUKROGHU to security interests established under ORS
no longer holds an interest or is otherwise not DUHGHWHUPLQHGE\WKHSURYLVLRQVRI
entitled to title to the vehicle; WKH8QLIRUP&RPPHUFLDO&RGH
(b) The security interest is being added to
the title in conjunction with the cancellation
of previous title or other action the depart-
ment takes to correct ownership information
UHÁHFWHGRQDWLWOHRU
(c) Title is being transferred by operation of
ODZ
(2) When the department processes an appli-
cation for a security interest the department
shall mark on the application or otherwise indi-
cate on the record the date the application was
ÀUVWUHFHLYHGE\WKHGHSDUWPHQW7KHGHSDUW-
ment shall determine by rule what constitutes
receipt of an application for purposes of this
VXEVHFWLRQ
 D,ISHUIHFWLRQRIDVHFXULW\LQWHUHVWLQD
vehicle occurs on or before 30 days after attach-
ment of the security interest, the secured party
takes priority over the rights of a transferee in
bulk or a lien creditor that arise between the
time the secured party’s interest attaches and
WKHWLPHRISHUIHFWLRQRIWKHVHFXULW\LQWHUHVW
(b) This subsection applies to any security
interest in a vehicle that is not a purchase
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803.102 Odometer disclosure statement
upon transfer of interest; when required;
rules. $VXVHGLQWKLVVHFWLRQ
  ,I WKH GHSDUWPHQW KDV WKH HYLGHQFH
required by subsection (1) of this section and
if the application contains the name of each
owner of the vehicle, the name and address
RIWKHVHFXUHGSDUW\DQGWKHYHKLFOHLGHQWLÀ-
cation number of the collateral, the security
interest is perfected as of the date marked on
 D´7UDQVIHUHHµPHDQVDQ\SHUVRQWRZKRP
ownership of a motor vehicle is transferred by
purchase, gift or any other means other than
by creation of a security interest and any
person who, as an agent, signs an odometer
GLVFORVXUHVWDWHPHQWIRUWKHWUDQVIHUHH
the application or indicated in the record by the
GHSDUWPHQW,IWKHDSSOLFDWLRQGRHVQRWFRQWDLQ
the information required by this subsection, or
if the department does not have the required
evidence, the department shall indicate on
the application or on the record that the date
placed on the application or the record pursu-
 E ´7UDQVIHURUµ PHDQV DQ\ SHUVRQ ZKR
transfers ownership of a motor vehicle by sale,
gift or any means other than by creation of a
security interest and any person who, as an
agent, signs an odometer disclosure statement
IRUWKHWUDQVIHURU
ant to subsection (2) of this section is not the  ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF-
GDWHRISHUIHFWLRQRIWKHVHFXULW\LQWHUHVW tion, upon transfer of any interest in a motor
vehicle, an odometer disclosure statement shall

Title 59 3DJH (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

EHPDGHE\WKHWUDQVIHURUWRWKHWUDQVIHUHH (2) The department may issue title to a

The disclosure shall be in a form that complies vehicle that is listed as stolen without giving
ZLWKWKHSURYLVLRQVRI256DQGVKDOO the notice required by of subsection (1)(a) of
contain the information required under ORS WKLVVHFWLRQLIWKHGHSDUWPHQWLVVDWLVÀHGWKDW
 the applicant for title is the person from whom
 ,IDWUDQVIHUUHTXLULQJDGLVFORVXUHVWDWH-
ment involves a leased vehicle, the lessor shall
notify the lessee that the lessee is required
WRSURYLGHRGRPHWHUGLVFORVXUH7KHOHVVHH
shall furnish the lessor with a form that com-
SOLHVZLWKWKHUHTXLUHPHQWVRI256
the vehicle was stolen or is the insurer of that
SHUVRQ
(3) The department may check with the
1DWLRQDO&ULPH,QIRUPDWLRQ&HQWHUDQGWKH
/DZ(QIRUFHPHQW'DWD6\VWHPIRULQIRUPDWLRQ
about vehicles in situations other than those
and shall provide the information required
E\256H[FHSWWKDWIRUSXUSRVHVRI
the required information, the lessee shall be
considered the transferor, the lessor shall be
considered the transferee and the date shall
VSHFLÀHGLQ256DQGVXEVHFWLRQV
and (2) of this section if the department deter-
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803.105 Failure to deliver documents
EHWKHGDWHRIWKHGLVFORVXUHVWDWHPHQW
(4) Where an interest in a vehicle is trans-
ferred by operation of law, the Department
of Transportation shall determine by rule
whether an odometer disclosure statement is
required and if so, who is required to provide
LW
(5) The odometer disclosure requirements
of this section do not apply upon transfer of an
interest where the transfer is due solely to the
creation, release or assignment of a security
interest, or upon transfer of an interest in any
RIWKHIROORZLQJ from the sale of a vehicle, a transferee who
(a) A vehicle with a gross vehicle weight
UDWLQJRIPRUHWKDQSRXQGV
on transfer; late fee; penalty. ([FHSWDV
SURYLGHGLQ256DSHUVRQFRPPLWV
the offense of failure to deliver vehicle docu-
ments on transfer of a vehicle for which the
Department of Transportation has issued a
FHUWLÀFDWHRIWLWOHLIWKHSHUVRQGRHVQRWFRPSO\
ZLWKDQ\RIWKHIROORZLQJ
(a) Upon transfer of title or any interest in a
vehicle, the transferee shall present the certif-
icate of title to the department within 30 days
DIWHUWKHWUDQVIHU7KLVSDUDJUDSKGRHVQRW
DSSO\WRDYHKLFOHGHDOHU,IWKHWUDQVIHUDULVHV
SUHVHQWVWKHFHUWLÀFDWHPRUHWKDQGD\VDIWHU
the transfer shall pay the fee for late presen-
WDWLRQRIFHUWLÀFDWHRIWLWOHHVWDEOLVKHGLQ256
 E$YHKLFOHWKDWLVQRWVHOISURSHOOHG +RZHYHUWKHIHHIRUODWHSUHVHQWDWLRQ
 F$YHKLFOHWKDWLVDWOHDVW\HDUVROG
(d) A vehicle that is sold directly by the man-
ufacturer to any agency of the United States
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(e) A vehicle that is exempted from the
UHTXLUHPHQWE\UXOHVRIWKHGHSDUWPHQW
does not apply if the transferee proves to the
VDWLVIDFWLRQRIWKHGHSDUWPHQWWKDW
(A) The transferee made a good faith effort
to obtain title; or
(B) Failure to comply was for a reason
EH\RQGWKHFRQWURORIWKHWUDQVIHUHH
  $ SHUVRQ PD\ SURYLGH DQ RGRPHWHU
reading to the department, in the manner
prescribed by the department by rule, for a
YHKLFOHWKDWLV\HDUVROGRUROGHU>F
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 9HKLFOHLGHQWLÀFDWLRQQXPEHU
check. (1) With every vehicle title transfer,
the Department of Transportation shall check
WKHYHKLFOHLGHQWLÀFDWLRQQXPEHURUQXPEHUV
on the vehicle title or other primary ownership
records against those listed as stolen by the
/DZ(QIRUFHPHQW'DWD6\VWHP,IWKHFKHFN
LQGLFDWHVWKHYHKLFOHLVVWROHQWKHGHSDUWPHQW be delivered to the department within 30 days
(a) Shall immediately notify the Oregon
State Police or, if the department determines
it would be appropriate to do so, notify another
law enforcement agency; and
(b) Shall not issue title within 30 days of
giving the notice required by paragraph (a)
of this subsection unless the department is
QRWLÀHGEHIRUHWKHHQGRIWKHGD\VWKDWWKH
YHKLFOHLVQRWVWROHQ$IWHUWKHSDVVDJHRIWKH
30-day period, the department may issue the
WLWOH
Title 59 3DJH
(b) Upon transfer of title or any interest in
a vehicle to a vehicle dealer, the vehicle dealer
shall immediately notify the department that
WKHYHKLFOHKDVEHHQWUDQVIHUUHGWRWKHGHDOHU
(c) Upon creation of a leasehold interest in a
vehicle, the lessor or holder shall present the
FHUWLÀFDWHRIWLWOHWRWKHGHSDUWPHQWZLWKLQ
GD\VRIWKHWUDQVIHU7KLVSDUDJUDSKGRHV
not apply to the creation of leasehold interests
in vehicles that are proportionally registered
XQGHU256RU
(d) Upon termination of a leasehold interest,
WKHOHVVRUVKDOOFDXVHWKHFHUWLÀFDWHRIWLWOHWR
RIWKHWHUPLQDWLRQ7KLVSDUDJUDSKGRHVQRW
apply to the termination of leasehold interests
in commercial vehicles that are proportionally
UHJLVWHUHGXQGHU256RU
(e) Upon creation of a leasehold interest in
vehicles that are proportionally registered
XQGHU256RUWKHOHVVHHVKDOO
furnish the department with satisfactory proof
RIWKHOHDVH
(f) Upon the creation of a security interest
in a vehicle where the owner or lessor is in
SRVVHVVLRQRIDFHUWLÀFDWHRIWLWOHWKHRZQHU
or lessor, if there is a lease, shall deliver the
(2015 Edition)
 OREGON VEHICLE CODE
FHUWLÀFDWHWRWKHSHUVRQLQZKRPWKHVHFXULW\
LQWHUHVWZDVFUHDWHG7KLVSDUDJUDSKGRHVQRW
apply upon the creation of a security interest
where the debtor who granted the security
interest is in the business of selling vehicles
and the vehicle constitutes inventory held for
VDOH
(g) Upon the creation of a security interest in
a vehicle where a prior security interest holder
LVLQSRVVHVVLRQRIWKHFHUWLÀFDWHRIWLWOHWKH
owner or lessor, if there is a lease, shall either
SURYLGHIRUWKHGHOLYHU\RIWKHFHUWLÀFDWHRIWLWOH
to the person in whom the security was created
or arrange for direct delivery by the prior secu-
ULW\LQWHUHVWKROGHUWRWKHGHSDUWPHQW7KLV
paragraph does not apply upon the creation
of a security interest where the debtor who
granted the security interest is in the business
of selling vehicles and the vehicle constitutes
LQYHQWRU\KHOGIRUVDOH
(h) Notwithstanding paragraph (a) of this
subsection, upon creation of a security interest
in a vehicle, a person in whom a security inter-
HVWZDVFUHDWHGDQGZKRUHFHLYHVDFHUWLÀFDWH
of title showing the interest from the person
granting the security interest shall present the
FHUWLÀFDWHRIWLWOHWRWKHGHSDUWPHQWZLWKLQ
GD\VDIWHUUHFHLYLQJWKHFHUWLÀFDWHRIWLWOH
(i) Within 15 calendar days of satisfaction
of a security interest in a vehicle, the security
LQWHUHVWKROGHUDIIHFWHG of husbandry are not subject to this section by
803.106 Failure to deliver information
on transfer of Oregon-titled vehicle for
ZKLFKWKHUHLVQRWLWOHFHUWLÀFDWHSHQDOW\
(1) A person commits the offense of failure to
deliver information on transfer of a vehicle for
which the Department of Transportation has
LVVXHGWLWOHLQDIRUPRWKHUWKDQDFHUWLÀFDWHLI
the person does not comply with rules adopted
by the department concerning the information
WREHGHOLYHUHG
(2) Nothing in this section authorizes the
department to adopt rules requiring compli-
ance with this section by persons who would
EHH[HPSWIURPFRPSOLDQFHZLWK256
HYHQLIWKH\KDGEHHQLVVXHGFHUWLÀFDWHVRIWLWOH
E\WKHGHSDUWPHQW
(3) The offense described in this section,
failure to deliver information on transfer of
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803.108 Effect of tax lien on transfer
of vehicle. ,IWKHRZQHUVKLSRIDPRWRUYHKL-
cle subject to the lien provided for by ORS
LVWUDQVIHUUHGZKHWKHUE\RSHUDWLRQ
of law or otherwise, the Department of Trans-
portation shall not issue, to the transferee or
person otherwise entitled thereto, a registra-
tion card or title with respect to such motor
vehicle until the department has determined
WKDWWKHOLHQKDVEHHQUHPRYHG,PSOHPHQWV
 $ ,I LQ SRVVHVVLRQ RI WKH FHUWLÀFDWH RI
WLWOHVKDOOGHOLYHUWKHFHUWLÀFDWHRIWLWOHDQG
the release contained thereon to the security
interest holder next named, if any, otherwise
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YLUWXHRIH[HPSWLRQXQGHU256IURP
WKHOLHQSURYLGHGIRUE\256>)RU-
PHUO\@
803.110 [1985 c.485 §3; repealed by 1989
c.148 §20]
 %,IQRWLQSRVVHVVLRQRIWKHFHUWLÀFDWHRI
title, shall deliver a release to the person enti- (Transferor Notice)
WOHGWKHUHWR 803.112 Notice of transfer of interest
(j) Upon receipt of a release of a security
interest in a vehicle by a person who is not in
SRVVHVVLRQRIWKHFHUWLÀFDWHRIWLWOHWKHSHUVRQ
shall promptly deliver the release to the holder
RIWKHFHUWLÀFDWHRIWLWOH7KLVSDUDJUDSKGRHV
not apply to release of a security interest in
vehicles where the debtor who granted the
security interest is in the business of selling
vehicles and the vehicle constitutes inventory
KHOGIRUVDOH
(k) Notwithstanding paragraph (a) of this
subsection, upon satisfaction of a security
interest in a vehicle, the holder of the cer-
WLÀFDWHRIWLWOHDQGWKHUHOHDVHVKDOOSUHVHQW
both to the department within 30 days after
WKHGDWHRIWKHUHOHDVH7KLVSDUDJUDSKGRHV
not apply upon release of a security interest
in vehicles where the debtor who granted the
security interest is in the business of selling
vehicles and the vehicle constitutes inventory
KHOGIRUVDOH
(2) The offense described in this section,
failure to deliver vehicle documents on trans-
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Title 59 3DJH
in vehicle; rules; exemptions. ([FHSWDV
otherwise provided in this section, the trans-
feror of an interest in a vehicle covered by an
Oregon title shall notify the Department of
Transportation of the transfer within 10 days
RIWKHGDWHRIWUDQVIHU7KHQRWLFHVKDOOEHLQ
DIRUPGHWHUPLQHGE\WKHGHSDUWPHQWE\UXOH
(2) For purposes of giving notice under this
section, if the transfer occurs by operation
of law, the personal representative, receiver,
trustee, sheriff or other representative or
successor in interest of the person whose
interest is transferred shall be considered the
WUDQVIHURU
(3) The requirements of this section do not
apply upon creation, termination or change in
a security interest or a leasehold interest or
upon award of ownership of a motor vehicle
PDGHE\FRXUWRUGHU
(4) A vehicle dealer is exempt from the notice
UHTXLUHPHQWRIWKLVVHFWLRQLIWKHGHDOHU
(a) Transfers the vehicle to another dealer;
or
(b) Submits an application for title to the
YHKLFOHRQEHKDOIRIWKHEX\HURIWKHYHKLFOH
(2015 Edition)
 9(+,&/(7,7/($1'5(*,675$7,21  

 1RWLÀFDWLRQSURYLGHGXQGHUWKLVVHFWLRQ
is for informational purposes only and does
not constitute an assignment or release of any
LQWHUHVWLQWKHYHKLFOH>F†
F†@
803.113 Department action upon
receipt of notice under ORS 803.112;
803.116 Knowingly submitting false
information about transfer of interest
in vehicle; penalty. (1) A person commits
the offense of knowingly submitting false infor-
mation about transfer of a vehicle if the person
submits a notice of transfer of an interest in
DYHKLFOHDVGHVFULEHGLQ256WRWKH
rules. ([FHSWDVRWKHUZLVHSURYLGHGE\UXOH
of the Department of Transportation under
subsection (3) of this section, upon receipt of
DQRWLÀFDWLRQRIWUDQVIHUGHVFULEHGLQ256
WKHGHSDUWPHQWVKDOOPDNHDQRWDWLRQ
on its records indicating that it has received
QRWLÀFDWLRQWKDWDQLQWHUHVWLQWKHYHKLFOH
KDVEHHQWUDQVIHUUHG7KHQRWDWLRQVKDOOEH
made whether or not the form submitted to
the department contains all the informa-
tion required by the department under ORS
VRORQJDVWKHUHLVVXIÀFLHQWLQIRUPD-
WLRQWRLGHQWLI\WKHYHKLFOH7KHUHDIWHUXQWLO
a new title is issued, when the department is
asked to provide the name of the owner of a
vehicle as shown on its records, the depart-
Department of Transportation and the person
knows that some or all of the information con-
WDLQHGLQWKHQRWLFHLVIDOVH
(2) The offense described in this section,
knowingly submitting false information about
WUDQVIHURIDYHKLFOHLVD&ODVV&PLVGHPHDQRU
>F†@
803.117 Effect of notice of transfer on
civil and criminal liability. A transferor
who has delivered possession of a vehicle to
a transferee may not, by reason of any of the
provisions of the Oregon Vehicle Code, be sub-
ject to civil liability or criminal liability for the
parking, abandoning or operation of the vehicle
E\DQRWKHUSHUVRQZKHQWKHWUDQVIHURUKDV
ment shall provide the name of the transferor  1RWLÀHGWKH'HSDUWPHQWRI7UDQVSRUWD-
and indicate that department records show a tion of the transfer; and
QRWLÀFDWLRQRIWUDQVIHUEXWGRQRWVKRZDWLWOH
WUDQVIHU7KHGHSDUWPHQWVKDOODOVRSURYLGH
the name of the transferee if it is shown on the
form submitted by the transferor under ORS

(2) Whenever the Oregon Vehicle Code or
other statute requires notice to the owner of a
motor vehicle, the person required to provide
notice shall provide the notice to the current
owner as shown on the records of the depart-
 $VVLJQHGWKHWLWOHWRWKHWUDQVIHUHH>
F†F†F†
F†@
(Odometer Disclosure)
803.120 Odometer disclosure; contents
of form. (1) When an odometer disclosure is
required by statute or by the Department of
Transportation, or when an odometer read-
ment and to any transferee shown as a result
RIQRWLÀFDWLRQWRWKHGHSDUWPHQWXQGHU256

(3) The department may adopt rules for
WKHLPSOHPHQWDWLRQRI256DQGWKLV
VHFWLRQ5XOHVVKDOOEHGHVLJQHGWRDOORZWKH
GHSDUWPHQWWRLPSOHPHQW256DQG
WKLVVHFWLRQLQDZD\WKDWLVHIÀFLHQWDQGFRQYH-
QLHQWIRUWKHSXEOLFDQGWKHGHSDUWPHQW5XOHV
under this section may include, but need not be
limited to, rules authorizing the department to
remove information recorded under this sec-
tion, specifying circumstances under which
information submitted need not be recorded
and specifying circumstances under which the
GHSDUWPHQWSURYLGHVDUHFHLSWRIQRWLÀFDWLRQ
that an interest in a vehicle has been trans-
IHUUHG>F†F†
F†@
803.114 Knowingly submitting false
notice of transfer; penalty. (1) A person
LQJLVSURYLGHGXQGHU256WKH
disclosure or reading shall be provided in a
IRUPUHTXLUHGE\WKHGHSDUWPHQWE\UXOH7KH
department may require different forms for
different situations and may require differ-
ent information to be disclosed for different
SXUSRVHV
(2) Any form authorized by the department
for use as an odometer disclosure upon transfer
of an interest in a vehicle shall refer to the
federal law requiring disclosure of odometer
information and shall state that failure to com-
plete the disclosure form, or providing false
LQIRUPDWLRQRQWKHIRUPPD\UHVXOWLQDÀQH
RULPSULVRQPHQW
(3) Any form authorized by the department
for use as an odometer disclosure upon transfer
of an interest in a vehicle shall provide a way
for the transferor to indicate, to the best of the
transferor’s knowledge, which of the following
LVWUXH
commits the offense of knowingly submitting  D7KDWWKHRGRPHWHUUHDGLQJUHÁHFWVWKH
false notice of transfer if the person submits actual mileage of the vehicle;
a notice of transfer of an interest in a vehicle
DVGHVFULEHGLQ256WRWKH'HSDUW-
ment of Transportation and the person knows
that the interest in the vehicle has not been
WUDQVIHUUHG
(2) The offense described in this section,
knowingly submitting false notice of transfer,
LVD&ODVV&PLVGHPHDQRU>F†@
803.115>F†F†
F†UHQXPEHUHGLQ@
Title 59 3DJH (2015 Edition)
 E7KDWWKHRGRPHWHUUHDGLQJUHÁHFWVDQ
amount of mileage in excess of the designed
mechanical odometer limit; or
(c) That the odometer reading does not
UHÁHFWDFWXDOPLOHDJHDQGVKRXOGQRWEHUHOLHG
RQ
(4) An odometer disclosure required upon
transfer of an interest in a vehicle shall be
made on the vehicle title unless the department
 OREGON VEHICLE CODE

SURYLGHVRWKHUZLVHE\UXOH>F† (Transitional Ownership Records)

F†@
803.122 Information required; rules.
(1) When an odometer disclosure is required
at time of transfer of a vehicle, the transferee
and the transferor shall both sign the odom-
eter disclosure form and the transferor shall
provide as much of the following as is required
E\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQE\UXOH transitional ownership record acceptable
(a) The odometer reading at the time of
WUDQVIHUH[FOXGLQJWHQWKVRIPLOHV
803.130 Purpose of record. The purpose
of a transitional ownership record is to enable
security interests to be perfected in a timely
manner when the primary ownership record is
QRWDYDLODEOH>F†F†@
803.132 Circumstances under which
as ownership record. A transitional own-
ership record is acceptable as an ownership
record only if the primary ownership record is
 E7KHGDWHRIWUDQVIHU
(c) The transferor’s name, which shall be
SULQWHGDQGFXUUHQWDGGUHVV
(d) The transferee’s name, which shall be
SULQWHGDQGFXUUHQWDGGUHVV
(e) The identity of the vehicle, including its
make, model, year and body type and the vehi-
FOHLGHQWLÀFDWLRQQXPEHU
(f) Any other information that the depart-
ment determines by rule would further
the purposes of the odometer disclosure
UHTXLUHPHQWV
not in the possession of the selling dealer, new
security interest holder or the agent of either
at the time the transitional ownership record
is submitted to the Department of Transpor-
WDWLRQ>F†F†
F†F†@
803.134 Fee. A person submitting a tran-
sitional ownership record to the Department
of Transportation shall pay a fee of $13 to the
GHSDUWPHQW7KHIHHVKDOOEHSDLGDWWKHWLPH
of submission of the record unless the depart-
ment by rule establishes alternative payment
PHWKRGV>F†F†@
803.136 Mandatory rejection, return
 ,QDGGLWLRQWRSURYLGLQJWKHLQIRUPD- or invalidation of record by department.
tion required by subsection (1) of this section, The Department of Transportation shall reject,
the transferor shall indicate, in a manner return or subsequently invalidate a transi-
determined by the department, which of the WLRQDORZQHUVKLSUHFRUGLI
VWDWHPHQWVGHVFULEHGLQ256LV
DFFXUDWH>F†@
803.124 Rules for issuance of forms;
agreements for provision of forms; fee.
(1) The Department of Transportation may
adopt rules providing for issuance of any forms
it considers necessary or convenient for assign-
ing or conveying interests in vehicles and any
forms it considers necessary or convenient
IRUSURYLGLQJUHTXLUHGRGRPHWHUGLVFORVXUHV
(1) More than 30 days have elapsed between
the date of sale or if no sale is involved, the
date the contract or security interest being
perfected was signed and the date the tran-
sitional ownership record is received by the
department;
(2) The transitional ownership record does
QRWFRQWDLQDOORIWKHLQIRUPDWLRQVSHFLÀHGLQ
256
The authority granted by this section includes,
but is not necessarily limited to, authority to
enter into agreements authorizing others to
provide the forms authorized by this section
WRWKHSXEOLF
 ,WLVGHWHUPLQHGWKDWSHUVRQVQDPHGRQ
the transitional ownership record as having
a security interest did not have a security
interest on the date the transitional ownership
record was received;
(2) The department may establish fees for
SURYLGLQJIRUPVDXWKRUL]HGE\WKLVVHFWLRQ
Fees shall be designed to recover the cost of
SURGXFLQJDQGSURYLGLQJWKHIRUPV$QDJUHH-
ment entered into by the department for the
purpose of providing forms authorized by this
section to the public may provide for a fee to
EHFKDUJHGE\WKHSHUVRQSURYLGLQJWKHIRUPV
>F†@
803.126 Odometer disclosure without
 ,WLVGHWHUPLQHGWKHSHUVRQZKRVXEPLW-
ted the transitional ownership record made
false statements in completing the transitional
ownership record;
(5) The department does not receive the pri-
mary ownership record within 90 days from
the date of sale or if no sale is involved, from
the date the security agreement or contract
was signed;
title application; fee. (1) The Department of
7UDQVSRUWDWLRQE\UXOHPD\DOORZWKHÀOLQJRI
documents related to odometer disclosure with-
out an accompanying application for issuance
RUWUDQVIHURIWLWOH7KHGHSDUWPHQWPD\GHWHU-
mine situations in which such documents may
EHÀOHGDQGZKDWGRFXPHQWVDUHDFFHSWDEOH
 7KHVHFXULW\LQWHUHVWKROGHURUSHUVRQ
submitting the transitional ownership record
elects to retain it, requests it be returned or
requests that the transitional ownership record
be withdrawn; or
(7) The information on or in the transi-
tional ownership record has been changed or
 $SHUVRQÀOLQJDQRGRPHWHUGLVFORVXUH
statement under this section shall pay a fee of
>F†D@
altered in a manner that is not acceptable to
WKHGHSDUWPHQW>F†F†
F†F†F†@
803.138 Discretionary rejection, return
or invalidation of record by department.
The Department of Transportation may reject,

Title 59 Page 70 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

return or subsequently invalidate a transi- IURPWLWOLQJDQGUHJLVWUDWLRQRIYHKL-

WLRQDORZQHUVKLSUHFRUGLI FOHVRZQHGE\QRQUHVLGHQWVDUHDSSOLFDEOH7KH
 ,WLVGHWHUPLQHGWKDWWLWOHLVWREHLVVXHG applicability of the described exemptions for
to someone other than the person shown on the nonresident owners of vehicles is subject to
transitional ownership record; DOORIWKHIROORZLQJ
 ,QWHUHVWVUHÁHFWHGRQWKHSULPDU\RZQ-
ership record or in information submitted in
FRQMXQFWLRQZLWKWKDWUHFRUGFRQÁLFWZLWKWKH
LQWHUHVWVDVUHÁHFWHGRQWKHWUDQVLWLRQDORZQ-
ership record; or
(3) The person submitting the transitional
ownership record has failed to submit the fee
UHTXLUHGE\256RUWRFRPSO\ZLWKDQ
alternative payment method established by the
GHSDUWPHQWXQGHU256>F
†F†@
(Salvage Titles)
 $SSOLFDWLRQFHUWLÀFDWHUXOHV
(1) When a person is required by the provi-
VLRQVRI256WRDSSO\IRUDVDOYDJH
title for a vehicle, the application shall be in a
(1) A person is a resident of this state for
purposes of titling and registering vehicles if
the person engages in any gainful employment
in this state or takes any action to indicate the
acquiring of residence in this state during the
period of sojourn in this state by doing any of
WKHIROORZLQJ
(a) Remaining in this state for a consecutive
period of six months or more regardless of the
GRPLFLOHRIWKHSHUVRQ
(b) Placing children in a public school with-
RXWSD\PHQWRIQRQUHVLGHQWWXLWLRQIHHV
(c) Making a declaration to be a resident
of this state for the purpose of obtaining, at
resident rates, a state license or tuition fees
at an educational institution maintained by
SXEOLFIXQGV
form acceptable to the Department of Trans-
portation and shall contain any information
UHTXLUHGE\WKHGHSDUWPHQWE\UXOH5XOHV
adopted by the department may include, but
need not be limited to, provisions for accepting
an application under this section that does not
contain all the information otherwise required,
LIWKHGHSDUWPHQWLVVDWLVÀHGDVWRRZQHUVKLS
RIWKHYHKLFOH
(2) The department may design a salvage
WLWOHFHUWLÀFDWHIRUYHKLFOHVDQGE\UXOHPD\
SUHVFULEHWKHFRQWHQWVRIWKHFHUWLÀFDWH$
VDOYDJHWLWOHFHUWLÀFDWHVKDOOEHSURGXFHGE\
a secure process that meets or exceeds the
UHTXLUHPHQWVRIIHGHUDOODZ
(3) The department may issue a salvage title
FHUWLÀFDWHWRDSHUVRQZKRVXEPLWVDQDSSOLFD-
tion that meets the requirements imposed by
the department under this section and submits
WKHIHHUHTXLUHGXQGHU256
(4) The department may adopt any rules
it considers necessary for the administra-
WLRQRIWKHVDOYDJHWLWOHSURFHVV7KHUXOHV
may include, but need not be limited to, rules
VSHFLI\LQJ but is not limited, to a student at an educa-
(a) Permissible uses of a salvage title
FHUWLÀFDWH
(b) Requirements for replacement or surren-
GHURIDVDOYDJHWLWOHFHUWLÀFDWHRUIRULVVXDQFH
RIDQHZFHUWLÀFDWH
(c) Records that will be kept by the
GHSDUWPHQW
(d) Forms of salvage title other than certif-
LFDWHV>F†F†@
PROVISIONS APPLICABLE TO BOTH
TITLE AND REGISTRATION
(Generally)
803.200 Residency; criteria; exception;
camper on vehicle. This section establishes
ZKHQWKHH[HPSWLRQVXQGHU256DQG
Title 59 Page 71
 G0DLQWDLQLQJDPDLQRIÀFHEUDQFKRIÀFH
or warehouse facilities in this state and oper-
DWLQJPRWRUYHKLFOHVLQWKLVVWDWH
(e) Operating motor vehicles in intrastate
WUDQVSRUWDWLRQIRUFRPSHQVDWLRQRUSURÀWIRU
RWKHUWKDQVHDVRQDODJULFXOWXUDOZRUN
(2) Notwithstanding subsection (1) of this
section, private passenger motor vehicle
RZQHUVZKRDUHERQDÀGHUHVLGHQWVRIVWDWHV
adjoining this state shall be permitted to oper-
ate their vehicles in this state for so long as
such motor vehicles remain currently regis-
WHUHGDQGWLWOHGLQDQDGMRLQLQJVWDWH
(3) A camper on a motor vehicle described
in this section shall be subject to registration
or titling under the vehicle code at the same
time that such motor vehicle becomes subject
WRUHJLVWUDWLRQDQGWLWOLQJXQGHUWKLVVHFWLRQ
(4) Notwithstanding subsection (1) of this
section, a person who is gainfully employed in
this state shall not be considered a resident of
the state if the person has taken no other steps
WREHFRPHDUHVLGHQW7KLVVXEVHFWLRQDSSOLHV
tional institution who is paying nonresident
WXLWLRQUDWHV>F†F†@
803.205 Proof of ownership or secu-
rity interest on transfer or application
IRUWLWOHRUUHJLVWUDWLRQDIÀGDYLW(1) The
Department of Transportation may require
proof under this section if the department
determines the proof is necessary to resolve
questions concerning vehicle ownership or
undisclosed security interests in the transfer
RIDQ\YHKLFOHXQGHU256LQDQDSSOL-
FDWLRQIRULVVXDQFHRIWLWOHXQGHU256
or in an application for registration of a vehicle
XQGHU256
(2) Under this section, the department
PD\UHTXLUHDQ\SURRIVXIÀFLHQWWRVDWLVI\WKH
department concerning the questions about
the ownership of the vehicle or security inter-
HVWVLQWKHYHKLFOH7KHSURRIUHTXLUHGE\WKH
(2015 Edition)
 OREGON VEHICLE CODE

department may include, but is not limited to, (3) The requirements of this section do not
FRPSOHWLRQRIDQDIÀGDYLWWKDW apply to the following vehicles if the person
 D,VLQDIRUPUHTXLUHGE\WKHGHSDUWPHQW
by rule;
(b) Contains any information the depart-
ment requires by rule as necessary to establish
ownership of the vehicle or to determine any
security interests in the vehicle; and
shown as the owner on an out-of-state title for
the vehicle applies for an Oregon title in that
SHUVRQ·VQDPH
(a) A rental truck, rental truck tractor or
rental trailer that is registered in Oregon
under an interstate agreement that provides
WKDWDSRUWLRQRIWKHRZQHU·VÁHHWLVWREHUHJLV-
 F,VYHULÀHGE\WKHSHUVRQPDNLQJWKH
DIÀGDYLW
(3) The department is not liable to any
person for issuing title or registering a vehicle
EDVHGRQSURRISURYLGHGXQGHUWKLVVHFWLRQ
(4) Nothing in this section affects any power
of the department to refuse to issue or to revoke
WLWOHRUUHJLVWUDWLRQ>F†
F†F†F†
F†@
803.207 Expedited titling and reg-
istration; fee. (1) The Department of
Transportation by rule may establish proce-
dures for providing expedited services related
to the titling and registration of vehicles when
such services are needed because of problems
UHODWHGWRRGRPHWHUGLVFORVXUHUHTXLUHPHQWV
This authority is in addition to the depart-
ment’s authority to provide expedited services
IRURWKHUUHDVRQVRQDQLQGLYLGXDOFDVHEDVLV
(2) The department may charge a fee of not
more than $10 for providing expedited services
DXWKRUL]HGE\WKLVVHFWLRQ>F†@
WHUHGLQHDFKVWDWHLQZKLFKWKHÁHHWRSHUDWHV
(b) A trailer or semitrailer that has perma-
QHQWUHJLVWUDWLRQ>F†F
†F†F†F
†F†F†F
†F†F†@
 ,QVSHFWLRQRIYHKLFOHLGHQWLÀ-
FDWLRQQXPEHUVSURGXFWLGHQWLÀFDWLRQ
numbers. (1) The Department of Transpor-
tation, or persons or agencies authorized to do
so by the department, shall conduct a physical
LQVSHFWLRQRIWKHYHKLFOHLGHQWLÀFDWLRQQXPEHU
or numbers of each vehicle located in this state
DQGUHTXLUHGE\256WREHLQVSHFWHG
7KHGHSDUWPHQWPD\GHVLJQDWHFHUWLÀHGGHDO-
ers to perform the inspection and may enter
into agreements with the Oregon State Police
or other law enforcement agencies of this state
WRSHUIRUPLQVSHFWLRQV7KHLQVSHFWLRQVKDOO
GHWHUPLQHZKHWKHUWKHYHKLFOHLGHQWLÀFDWLRQ
number or numbers match those on the records
of the department, on the title or primary own-
ership record or contained in other information
UHFHLYHGE\WKHGHSDUWPHQW
803.210 Conditions precedent to issu-   ,I D YHKLFOH WKDW LV UHTXLUHG E\ 256
ance of title for certain vehicles. (1) The WREHLQVSHFWHGLVORFDWHGLQDQRWKHU
Department of Transportation shall not issue jurisdiction, the department may designate a
title for a vehicle described in subsection (2) person or agency in such jurisdiction to per-
RIWKLVVHFWLRQXQOHVV form the physical inspection and may waive
 D$QLQVSHFWLRQRIWKHYHKLFOHLGHQWLÀFDWLRQ WKHLQVSHFWLRQIHH
number or numbers of the vehicle is performed  ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
LQDFFRUGDQFHZLWK256DQG this section, the department shall check the
 E7KHIHHHVWDEOLVKHGXQGHU256 YHKLFOHLGHQWLÀFDWLRQQXPEHURUQXPEHUVRI
LVSDLGWRWKHGHSDUWPHQWIRUWKHLQVSHFWLRQ DOOYHKLFOHVUHTXLUHGE\256WREH
inspected against those listed as stolen at
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI WKH1DWLRQDO&ULPH,QIRUPDWLRQ&HQWHU,I
this section, the requirements of this section the check indicates the vehicle is stolen, the
DSSO\WRDOORIWKHIROORZLQJ GHSDUWPHQW
 D$YHKLFOHIURPDQRWKHUMXULVGLFWLRQ (a) Shall immediately notify the Oregon
 E$Q\DVVHPEOHGRUUHFRQVWUXFWHGYHKLFOH State Police or, if the department determines
it would be appropriate to do so, notify another
 F$Q\YHKLFOHLIWKHFHUWLÀFDWHRIWLWOHKDV
been or is required to be submitted to the
department, or a person is required to report to
WKHGHSDUWPHQWXQGHU256
RU
(d) Any vehicle if the department has
received notice that the vehicle has been or
will be wrecked, dismantled, disassembled or
VXEVWDQWLDOO\DOWHUHGXQGHU256RU

law enforcement agency; and
(b) Shall not issue title within 30 days of
giving the notice required by paragraph (a)
of this subsection unless the department is
QRWLÀHGEHIRUHWKHHQGRIWKHGD\VWKDWWKH
YHKLFOHLVQRWVWROHQ$IWHUWKHSDVVDJHRIWKH
30-day period, the department may issue the
WLWOH
(4) The department may refer a vehicle to
the Oregon State Police or other appropriate
 H5HSOLFDV ODZHQIRUFHPHQWDJHQF\IRUDYHKLFOHLGHQWLÀ-
(f ) Other than a racing activity vehicle FDWLRQQXPEHURUSURGXFWLGHQWLÀFDWLRQQXPEHU
DVGHÀQHGLQ256DQ\YHKLFOHWKH LQVSHFWLRQLI
department has reason to believe was not  D ,QVSHFWLRQ RI WKH YHKLFOH XQGHU WKLV
FHUWLÀHGE\WKHRULJLQDOPDQXIDFWXUHUDVFRQ- VHFWLRQUHYHDOVWKDWWKHYHKLFOHLGHQWLÀFDWLRQ
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Title 59 Page 72 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21
the vehicle is different from the number pro-
vided to the department or appears to have
been tampered with, altered or defaced; or
(b) The vehicle is a reconstructed or assem-
bled vehicle or has been reported destroyed or
WRWDOHGXQGHU256RU
or is any other salvaged vehicle from another
MXULVGLFWLRQ7KLVVXEVHFWLRQGRHVQRWDSSO\
to a vehicle that has been reported totaled to
the department because of theft and has sub-
VHTXHQWO\EHHQUHFRYHUHG
 
(Offenses)
 1RWLÀFDWLRQWRGHSDUWPHQWRI
name or address change; rules; require-
ments; procedure; exception; penalty. (1)
A person commits the offense of unlawful fail-
ure to notify the Department of Transportation
RIDQDPHRUDGGUHVVFKDQJHLIWKHSHUVRQ
(a) Has any interest in a vehicle registered
or titled by this state that is shown on the title;
(b) Changes names, by marriage or other-
 ,IWKHGHSDUWPHQWUHIHUVDYHKLFOHWRD
law enforcement agency under subsection (4)
of this section, the law enforcement agency
VKDOOLQVSHFWWKHYHKLFOH,IWKHODZHQIRUFH-
ment agency determines that there is reason
WREHOLHYHWKDWWKHLGHQWLÀFDWLRQQXPEHURI
the vehicle has been tampered with, altered
or forged or that the vehicle is stolen, the law
enforcement agency may seize the vehicle
and may hold the vehicle until completing an
investigation to establish the origin and own-
HUVKLSRIWKHYHKLFOH7KHGHSDUWPHQWVKDOO
reimburse the Department of State Police,
wise, from that shown on the title or changes
the person’s address from that shown on the
registration; and
(c) Does not comply with the requirements
XQGHUWKLVVHFWLRQ
(2) To comply with the requirements of this
VHFWLRQDSHUVRQPXVWGRDOOWKHIROORZLQJ
(a) The person must notify the department
RI WKH FKDQJH 1RWLFH RI D FKDQJH RI QDPH
or address must be given to the department
within 30 days of the change, in a manner
DXWKRUL]HGE\WKHGHSDUWPHQWE\UXOH
and may reimburse any other law enforcement
agency, for any inspections conducted under
this subsection in an amount agreed upon by
the department and the Department of State
3ROLFHRURWKHUODZHQIRUFHPHQWDJHQF\>
F†F†F†
F†DF†F†@
803.215 Fee for inspection. A fee of $7
shall be charged for an inspection of a vehicle
UHTXLUHGE\256>F†
F†F†F†
F†@
 E,IWKHSHUVRQFKDQJHVQDPHVE\PDU-
riage or otherwise, from that shown on the
WLWOHDQGDFHUWLÀFDWHRIWLWOHLVEHLQJKHOGE\
a security interest holder, the person must
notify the security interest holder within 30
days after the change who, in turn, must notify
WKHGHSDUWPHQWLQDWLPHO\PDQQHU
(c) Any time the name is changed from that
RQWKHWLWOHDQ\FHUWLÀFDWHRIWLWOHWKDWKDVEHHQ
issued must be submitted to the department
with the notice and the appropriate fee under
256
803.217 Transfer of title and registra-
tion for vehicles abandoned by tenant;
rules. The Department of Transportation
shall adopt rules to provide for the transfer-
HQFHRIDFHUWLÀFDWHRIWLWOHDQGUHJLVWUDWLRQIRU
 $SHUVRQPD\REWDLQDQHZFHUWLÀFDWH
RIWLWOHUHÁHFWLQJDFKDQJHRIQDPHRUDGGUHVV
by making application therefor and paying the
DSSURSULDWHIHHXQGHU256
titled vehicles and recreational vehicles that
DUHDEDQGRQHGE\DWHQDQWDVGHÀQHGLQ256
>F†F†@
803.219 Limitation on car rental fees.
 ,IWLWOHKDVEHHQLVVXHGLQDIRUPRWKHU
WKDQDFHUWLÀFDWHDSHUVRQUHTXHVWLQJDFKDQJH
in name shall provide authorization from the
primary security interest holder, if any, to
KDYHWKHWLWOHFKDQJHG,IWKHDXWKRUL]DWLRQLV
$VXVHGLQWKLVVHFWLRQ not received, the department shall continue to
 D´&DUUHQWDOFRPSDQ\µPHDQVDSHUVRQ UHÁHFWWKHSUHYLRXVQDPHRQWKHWLWOH1RWKLQJ
whose primary business is renting motor vehi- in this subsection precludes the department
cles to consumers under rental agreements for from including the new name in records main-
SHULRGVRIGD\VRUOHVV tained in conjunction with title whether or not
 E´0RWRUYHKLFOHµKDVWKHPHDQLQJJLYHQ
WKDWWHUPLQ256
(2) A car rental company may not impose in
a rental agreement a surcharge for the purpose
of covering the costs of titling and registering
a rental motor vehicle that is greater than
the amount reasonably calculated to cover
the costs incurred by the car rental company
DXWKRUL]DWLRQLVUHFHLYHG
(5) Upon receipt of notice of a change and
any authorization required under this section,
the department shall note the change in its
UHFRUGV8SRQUHFHLSWRIWKHQRWLFHDQGWKHIHH
UHTXLUHGXQGHU256WKHGHSDUWPHQW
VKDOOLVVXHDQHZFHUWLÀFDWHRIWLWOHLQGLFDWLQJ
WKHFKDQJH
WRWLWOHDQGUHJLVWHUWKHUHQWDOPRWRUYHKLFOH
>F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 803 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
 7KLVVHFWLRQGRHVQRWDSSO\WRDFKDQJHRI
name or address of a security interest holder or
OHVVRUWKDWLVDÀQDQFLDOLQVWLWXWLRQDÀQDQFLDO
holding company or a bank holding company,
DVWKRVHWHUPVDUHGHÀQHGLQ256D
licensee under ORS chapter 725, or any sub-
VLGLDU\RUDIÀOLDWHRIDQ\RIWKHIRUHJRLQJ

Title 59 Page 73 (2015 Edition)

 OREGON VEHICLE CODE

(7) The offense described in this section, a place of business in this state with regard to
unlawful failure to notify the department of vehicles that are used by the corporation doing
DQDPHRUDGGUHVVFKDQJHLVD&ODVV'WUDIÀF EXVLQHVVLQWKLVVWDWH
YLRODWLRQ>F†F†  ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
F†F†F†D
F†F†F†
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803.225 Failure to designate replica,
reconstructed, assembled or specially
constructed vehicle in title or registra-
tion application; penalty. (1) A person
commits the offense of failure to designate a
replica or a reconstructed, assembled or spe-
cially constructed vehicle if the person makes
application for the titling or registration of a
vehicle that is a replica or a reconstructed,
assembled or specially constructed vehicle and
WKDWIDFWLVQRWLQGLFDWHGLQWKHDSSOLFDWLRQ
(2) The offense described in this section,
failure to designate a replica, reconstructed,
assembled or specially constructed vehicle in
application for title or registration, is a Class XQGHU256
%PLVGHPHDQRU>F†F
†F†F†@
803.230 Forging, altering or unlawfully
OLVKHGXQGHU256
(4) The offense described in this section, fail-
XUHWRUHJLVWHUDYHKLFOHLVD&ODVV'WUDIÀF
YLRODWLRQ>F†F†
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803.305 Exemptions from general
registration requirements. This section
establishes exemptions from the requirements
XQGHU2567KHH[HPSWLRQVXQGHU
this section are in addition to any exemptions
XQGHU2569HKLFOHVH[HPSWHGE\
this section from the requirements to be reg-
istered by this state are not prohibited from
being registered by this state if registration is
SHUPLWWHGXQGHU2567KHIROORZLQJ
are exempt, either partially or completely as
described, from the registration requirements

(1) Road rollers, farm tractors, trolleys and
WUDFWLRQHQJLQHVDUHH[HPSWIURPUHJLVWUDWLRQ
producing or using title or registration;  %LF\FOHVDUHH[HPSWIURPUHJLVWUDWLRQ
penalty. (1) A person commits the offense of (3) A vehicle is exempt from registration if
forging, altering or unlawfully producing or it has registration issued for the vehicle by
using vehicle titles or registration if the person the Armed Forces of the United States where
GRHVDQ\RIWKHIROORZLQJ the registration is issued in a foreign country
(a) Alters or forges or causes to be altered to a vehicle owned by a member of the Armed
RUIRUJHGDQ\FHUWLÀFDWHRIWLWOHFHUWLÀFDWHRI )RUFHV7KHH[HPSWLRQJUDQWHGE\WKLVVXEVHF-
registration or assignment thereof issued by tion applies only for a period of 45 days from
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ the time the vehicle is returned to the United
6WDWHV
 E+ROGVRUXVHVFHUWLÀFDWHRIWLWOHFHUWLI-
icate of registration or assignment thereof
issued by the department knowing the certif-
LFDWHRUDVVLJQPHQWKDVEHHQDOWHUHGRUIRUJHG
(c) Unless authorized by the department,
prints or produces or causes to be printed or
SURGXFHGDQ\FHUWLÀFDWHRIWLWOHFHUWLÀFDWH
of registration or any assignment thereof
UHTXLUHGE\WKHGHSDUWPHQW
(4) A vehicle is exempt from registration if it
LVQRWRSHUDWHGRQWKHKLJKZD\VRIWKLVVWDWH
(5) A trailer is exempt from registration if
it is equipped with pneumatic tires made of
elastic material and is not operated in this
state with a loaded weight of more than 1,800
SRXQGV$WUDLOHUIRUKLUHWUDYHOWUDLOHURU
FDPSHULVQRWH[HPSWE\WKLVVXEVHFWLRQ
 G+ROGVRUXVHVDQ\FHUWLÀFDWHRIWLWOHFHU-   9HKLFOHV RZQHG DQG RSHUDWHG E\ WKH
WLÀFDWHRIUHJLVWUDWLRQRUDVVLJQPHQWWKHUHRI United States Government are exempt from
required by the department knowing that it UHJLVWUDWLRQ
has been printed or produced without authority (7) Snowmobiles are subject to the require-
IURPWKHGHSDUWPHQW ments for registration provided under ORS
(2) The offense described in this section, WR
forging, altering or unlawfully producing or  ,PSOHPHQWVRIKXVEDQGU\ZHOOGULOOLQJ
using vehicle titles or registration, is a Class PDFKLQHU\HPHUJHQF\ÀUHDSSDUDWXVSURYLG-
&IHORQ\>F†F† LQJSXEOLFÀUHSURWHFWLRQDQGZKHHOFKDLUVDUH
F†F†@ H[HPSWIURPUHJLVWUDWLRQ
(9) Road graders, farm tractors and farm
REGISTRATION trailers on highways are exempt from regis-
tration when the operation of the vehicle upon
(Generally) the highway is incidental to its use in an agri-
803.300 Failure to register; penalty. FXOWXUDORSHUDWLRQ
(1) A person commits the offense of failure to  ([FHSWDVSURYLGHGLQVXEVHFWLRQ
register a vehicle if the person owns a vehicle RIWKLVVHFWLRQÀ[HGORDGYHKLFOHVDUHH[HPSW
in this state and the person does not register from registration while the vehicles are
WKHYHKLFOHLQWKLVVWDWH RSHUDWHG
 ,QDGGLWLRQWRRWKHUSHUVRQVVXEMHFWWR  D,QWKHFRQVWUXFWLRQRUUHFRQVWUXFWLRQRI
this section, this section applies to out-of-state state or county roads, highways or city streets;
corporations owning, operating or maintaining and

Title 59 Page 74 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

(b) Within the immediate construction WKHRZQHULVDERQDÀGHUHVLGHQWWRWKHH[WHQW

projects, as described in the governmental
agency contract under which the work is being
SHUIRUPHG
(11) Motor vehicles designed to operate at
a loaded weight over 8,000 pounds, trailers
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
VWDWHDQGRZQHGE\UHVLGHQWVRIWKLVVWDWH
and equipment are exempt from registration
while being used for the purposes of forest
SURWHFWLRQDQGÀUHVXSSUHVVLRQXQGHU256
FKDSWHURUDVLPLODUIHGHUDOVWDWXWH7KH
exemption under this subsection applies to the
vehicles or equipment described while being
PRYHGWRRUIURPWKHZRUNDUHD7KHH[HPSWLRQ
under this subsection only applies to vehicles
or equipment owned, leased, contracted for or
requisitioned by the State Forester or State
Board of Forestry, a contractor of the State
Forester or State Board of Forestry under ORS
FKDSWHURUWKH8QLWHG6WDWHV*RYHUQPHQW
(12) Vehicles being used for the purposes
RIIRUHVWSURWHFWLRQDQGÀUHVXSSUHVVLRQDUH
exempt if the vehicles are necessary in order
WRFRPSO\ZLWK256RURUD
VLPLODUIHGHUDOVWDWXWH7KHH[HPSWLRQXQGHU
this subsection also applies to the vehicles
described being moved to or from the work
DUHD
 G,IQRH[HPSWLRQIURPUHJLVWUDWLRQUHTXLUH-
PHQWVLVLQHIIHFWXQGHU256
RUZLWKUHVSHFWWRDQRWKHU
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
H[HPSWLRQVEHQHÀWVDQGSULYLOHJHVJUDQWHGE\
such other jurisdictions to vehicles properly
UHJLVWHUHGDQGWLWOHGLQWKLVVWDWH5HFLSURFLW\
extended under this paragraph shall apply to
commercial vehicles only when engaged exclu-
VLYHO\LQLQWHUVWDWHFRPPHUFH
(e) Any vehicle operated under dealer regis-
tration plates issued by another state, country,
province, territory or the District of Columbia
LVVXEMHFWWRWKLVVXEVHFWLRQ
(15) Vehicles operated or used by vehicle
dealers may be operated or used without reg-
LVWUDWLRQDVSURYLGHGXQGHU256
(13) Golf cart exemptions from registration
DUHDVSURYLGHGLQ256
(14) Vehicles currently registered and titled
in any other country, state or territory are not
UHTXLUHGWREHUHJLVWHUHGE\WKLVVWDWH$OORI
WKHIROORZLQJDSSO\WRWKLVVXEVHFWLRQ
(a) This subsection only provides an
exemption as long as the owner of the vehicle
satisfactorily shows that the owner is not a
resident of this state or has been a resident of
 9HKLFOHVWRZHGE\WRZLQJEXVLQHVVHV
may be towed without registration as provided
XQGHU256
(17) Vehicles without registration may be
transported by vehicle transporters as pro-
YLGHGXQGHU256
(18) Vehicles that are not registered may be
operated under trip permits described under
256RUXQGHUSHUPLWVGHVFULEHGXQGHU
256WR
WKLVVWDWHIRUOHVVWKDQGD\V)RUWKHSXU-
pose of this paragraph, a person is a resident
of this state if the person meets the residency
UHTXLUHPHQWVGHVFULEHGLQ256
(b) The exemption under this subsection
applies to vehicles granted exemptions under
256RUXQOHVVRWK-
erwise provided for under paragraph (c) of this
VXEVHFWLRQ
 ,IWUDLOHUVWKDWDUHSDUWRIDÁHHWRIWUDLO-
ers for hire are properly registered in this state
under an agreement entered into pursuant to
256DOOWUDLOHUVWKDWDUHLGHQWLÀHG
DVEHLQJDSDUWRIWKHVDPHÁHHWDQGWKDWDUH
currently registered in any state, territory,
province, country or the District of Columbia
shall be permitted to operate in this state in
both interstate and intrastate commerce with-
RXWEHLQJUHJLVWHUHGE\WKLVVWDWH
 F([FHSWDVRWKHUZLVHSURYLGHGLQWKLV (20) Vehicles that are registered by the
paragraph, a vehicle operated over the high- United States Department of State and that
ZD\VRIWKLVVWDWHIRUFRPSHQVDWLRQRUSURÀW are owned or operated by foreign nationals
must comply with the registration require- with diplomatic immunity are exempt from
PHQWVXQGHU256LQWKHVDPHPDQQHU UHJLVWUDWLRQ
DVYHKLFOHVRZQHGE\SHUVRQVLQWKLVVWDWH
The following vehicles are not subject to this (21) Tow dollies and converter dollies are
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(A) Vehicles operated under reciprocal reg-  &ODVV,&ODVV,,,DQG&ODVV,9DOOWHU-
istration exemptions established under ORS UDLQYHKLFOHVDUHH[HPSWIURPUHJLVWUDWLRQ
RU (23) Motor assisted scooters are exempt from
(B) Vehicles operated under an exemption UHJLVWUDWLRQ
HVWDEOLVKHGXQGHU256
(C) Vehicles that are proportionally regis-
tered under an agreement established under
256DQGDFFRUGLQJWRWKHSURFHGXUHV
HVWDEOLVKHGXQGHU256DQG
(D) Any vehicle if duly registered and titled
under the laws of the state or country of which
 (OHFWULFSHUVRQDODVVLVWLYHPRELOLW\
GHYLFHVDUHH[HPSWIURPUHJLVWUDWLRQ
(25) A racing activity vehicle that is being
operated for the purposes of a test drive
within a 30-mile radius of the location where
the vehicle is manufactured is exempt from
UHJLVWUDWLRQ

Title 59 Page 75 (2015 Edition)

 OREGON VEHICLE CODE

 5RDGPDFKLQHU\WKDWLVRSHUDWHGDW
the direction of a road authority is exempt
IURPUHJLVWUDWLRQ7KHH[HPSWLRQXQGHUWKLV
subsection also applies when the operation of
road machinery upon a highway or an alley
is incidental to its use in a highway mainte-
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vehicle to be registered as provided under the
YHKLFOHFRGHRUXQGHU256FKDSWHUDV
appropriate, for vehicles owned by residents
RIWKLVVWDWH
(b) The person shall not use, within this
state, the vehicle except when the person has
paid fees and has complied with the vehicle
FRGHRUZLWK256FKDSWHUDVDSSURSULDWH
(2) The offense described in this section, pur-
chase and use of out-of-state registered vehicle
E\UHVLGHQWLVD&ODVV'WUDIÀFYLRODWLRQ>
F†F†F†
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803.310 Optional registration; rules.
(1) The Department of Transportation, by
rule, may provide for optional registration of
vehicles that are exempt from vehicle regis-
WUDWLRQUHTXLUHPHQWVE\2567KH
rules adopted for purposes of this subsection
may provide for the registration of categories
RI YHKLFOHV W\SHV RI YHKLFOHV RU RWKHUZLVH
Upon request of an owner, the department
may issue registration for a vehicle that meets
the requirements of rules adopted under this
VHFWLRQ
(2) A vehicle that is registered under this
section is subject to the same provisions,
conditions, fees and other requirements for
registration as are other vehicles under the
YHKLFOHFRGH>F†@
803.315 Failure to pay registration fee;
penalty. (1) A person commits the offense of
failure to pay the appropriate registration fee
if the person operates any vehicle or transports
any camper that is registered in this state
unless the proper fee, as established under
256KDVEHHQSDLGIRUUHJLVWUDWLRQ
RIWKHYHKLFOH
(2) The offense described in this section,
failure to pay appropriate registration fee, is
D&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†F†@
803.320 Permitting unlawful opera-
tion of unregistered vehicle; penalty. (1)
A person commits the offense of permitting
unlawful operation of an unregistered vehicle
if the person authorizes or knowingly permits
a motor vehicle that is owned by the person
or under the person’s control and that is not
registered as required under the vehicle code
RU256FKDSWHUWREHGULYHQE\DQ\SHUVRQ
(2) The offense described in this section,
permitting unlawful operation of unregistered
YHKLFOHLVD&ODVV'WUDIÀFYLRODWLRQ>
F†F†F†@
803.325 Purchase and use of out-of-
state registered vehicle; requirements;
penalty. (1) A person commits the offense of
purchase and use of an out-of-state registered
4XDOLÀFDWLRQV
  4XDOLÀFDWLRQV IRU UHJLVWUD-
tion; fee; rules. This section establishes the
UHTXLUHPHQWVIRUTXDOLÀFDWLRQIRUUHJLVWUDWLRQ
The Department of Transportation shall not
issue registration to a vehicle if the require-
PHQWVXQGHUWKLVVHFWLRQDUHQRWPHW7KH
department, in the absence of just cause for
refusing to register a vehicle upon application,
shall assign a distinctive number or other dis-
WLQFWLYHPHDQVRILGHQWLÀFDWLRQDQGVKDOOLVVXH
registration for a vehicle if all of the following
UHTXLUHPHQWVDUHPHW
(1) The applicant applies for and is granted
title in the applicant’s name at the same time
the person makes application for registration,
or presents satisfactory evidence that title cov-
ering the vehicle has been previously issued to
WKHDSSOLFDQW
(2) The applicant completes an application
GHVFULEHGXQGHU256,IWKHYHKLFOH
is a reconstructed or assembled vehicle or a
replica, the person must indicate that fact in
WKHDSSOLFDWLRQRUEHVXEMHFWWR256
(3) The applicant pays the department
the registration fee established under ORS
DQGDQ\DSSOLFDEOHIHHVIRULVVXDQFH
RIUHJLVWUDWLRQSODWHV
(4) For motor vehicles, proof of compliance
with pollution control equipment requirements
LVSURYLGHGWRWKHGHSDUWPHQW3URRIUHTXLUHG
to comply with this subsection is described
XQGHU 256  7KLV VXEVHFWLRQ GRHV
not apply if the vehicle is exempt from the
requirements for proof of compliance under
256
(5) The applicant is domiciled in this state,
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RUGHUWRUHJLVWHUDYHKLFOH,IWKHGHSDUWPHQW
has reason to believe that the applicant is not
domiciled in this state and is required to be in
order to register a vehicle, the department may
UHTXLUHWKHSHUVRQWRVXEPLWSURRIRIGRPLFLOH
The department shall determine by rule what
FRQVWLWXWHVSURRIRIGRPLFLOH
vehicle by a resident if the person is a resident  7KHDSSOLFDQWRZQVDYHKLFOHWKDWTXDO-
of this state and the person purchases a vehicle LÀHVXQGHU256IRUUHJLVWUDWLRQ
registered outside of this state without doing in this state, if the owner is not domiciled in
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(a) Upon purchase, the person shall remove or any other provision of law, to register the
the registration plates and shall cause the YHKLFOHLQWKLVVWDWH

Title 59 3DJH (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21
(7) The applicant surrenders all evidence of
any former registration or title as required by
256
(8)(a) Beginning with 2009 model year new
motor vehicles, the applicant provides proof of
compliance with low emission motor vehicle
VWDQGDUGVDGRSWHGSXUVXDQWWR256$
The department shall determine by rule what
constitutes proof of compliance with low emis-
VLRQPRWRUYHKLFOHVWDQGDUGV
(b) The department shall determine by rule
which new motor vehicles are exempt from the
UHTXLUHPHQWVRIWKLVVXEVHFWLRQ$Q\UXOHV
adopted pursuant to this paragraph shall be
FRQVLVWHQWZLWKWKH(QYLURQPHQWDO4XDOLW\
Commission standards adopted pursuant to
256$
(c) For purposes of this subsection, “new
PRWRUYHKLFOHµPHDQVDPRWRUYHKLFOHZLWK
7,500 miles or less on the odometer when
the vehicle is initially registered under ORS
 
(Application)
803.370 Contents of application; rules.
This section establishes requirements for an
application for vehicle registration in this
VWDWH ,I DQ DSSOLFDQW IDLOV WR FRPSO\ ZLWK
requirements under this section, the Depart-
ment of Transportation may refuse to register
or reregister a vehicle until the applicant com-
SOLHVZLWKWKHUHTXLUHPHQWV$QDSSOLFDWLRQ
VKDOOFRQWDLQDOORIWKHIROORZLQJ
(1) The true name and, except as provided
IRUFRUUHFWLRQVRIÀFHUVLQ256HOL-
JLEOHHPSOR\HHVLQ256RU$GGUHVV
&RQÀGHQWLDOLW\3URJUDPSDUWLFLSDQWVLQ256
 WKH DFWXDO UHVLGHQFH RU EXVLQHVV
DGGUHVVRIWKHRZQHU7KHGHSDUWPHQWPD\SUR-
vide by rule for acceptance of something other
than an actual residence or business address if
the department determines that the applicant
GRHVQRWKDYHDQDFWXDODGGUHVV
(2) A description of the vehicle, including the
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 ,IUHTXLUHGWRGRVRE\WKHGHSDUWPHQW
the applicant provides the department with
satisfactory proof that the vehicle was designed
to be operated on highways and meets equip-
ment requirements imposed by statute or
rule for the lawful operation of a vehicle on
KLJKZD\V7KHGHSDUWPHQWPD\DGRSWUXOHV
specifying the kinds of vehicles that are sub-
QXPEHU
(3) An odometer disclosure in a form deter-
mined by the department by rule pursuant
WR256LIDGLVFORVXUHLVRWKHUZLVH
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(4) Any other information required by the
GHSDUWPHQW
ject to this subsection and what constitutes
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F†F†F†
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803.355 “Domicile” described. For pur-
 ,IWKHDSSOLFDWLRQLVIRUUHJLVWUDWLRQRU
reregistration of a vehicle that is subject to the
federal heavy vehicle use tax, proof that the
IHGHUDOXVHWD[KDVEHHQSDLG7KHGHSDUWPHQW
shall adopt rules to determine proof that will
EHDFFHSWDEOHIRUSXUSRVHVRIWKLVVXEVHFWLRQ
SRVHVRI256WRDQG
a person is domiciled in this state if the per-
son’s place of abode is in the state and the
person intends to remain in the state or, if
DEVHQWWRUHWXUQWRLW>F†
F†@
803.360 Domicile requirements for
registration; exceptions. (1) No person may
register or renew the registration of a vehicle
in this state unless the person is domiciled in
WKLVVWDWHDVGHVFULEHGLQ2567KLV
section does not apply to persons required by
 $VWDWHPHQW
(a) That the applicant is domiciled in this
VWDWH DV GHVFULEHG LQ 256  LI WKH
DSSOLFDQWLVUHTXLUHGE\256WREH
domiciled in this state in order to register a
vehicle in the state; and
(b) That so long as the vehicle remains
registered to the applicant in this state, the
applicant will remain domiciled in this state
if required to do so in order to register the
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256RUDQ\RWKHUSURYLVLRQRIODZWR  $VWDWHPHQW
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(2) Notwithstanding subsection (1) of this IRUUHJLVWUDWLRQLQWKLVVWDWHLI
section, a person who is not domiciled in this the owner is not domiciled in this state and
state may register or renew the registration of LVQRWUHTXLUHGE\256RUDQ\RWKHU
DYHKLFOHWKDW provision of law, to register the vehicle in this
 D,VXVXDOO\OHIWZLWKLQWKHVWDWHZKHQWKH state; and
registered owner is absent from the state; (b) That so long as the vehicle remains reg-
 E,VXVHGSULPDULO\IRUSHUVRQDOWUDQVSRU- istered to the applicant under the provisions
tation within the state; RI256WKHRZQHUDQGWKHYHKLFOH
ZLOOPHHWWKHTXDOLÀFDWLRQVRIWKLVVXEVHFWLRQ
 F,VDSULYDWHSDVVHQJHUYHKLFOHRUDYHKL-
cle with a loaded weight of less than 10,000 (8) A statement upon initial registration that
pounds; and WKHDSSOLFDQWLVLQFRPSOLDQFHZLWKÀQDQFLDO
responsibility requirements for the vehicle and
 G,VQRWDPRWRUKRPHRUDFDPSHU> will remain in compliance until the vehicle is
F†F†@ WUDQVIHUUHG([HPSWLRQVIURPWKLVVXEVHFWLRQ
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Title 59 Page 77 (2015 Edition)

 OREGON VEHICLE CODE

 ,IWKHDSSOLFDWLRQLVIRUUHJLVWUDWLRQRU following registration periods is valid during

renewal of registration of a motor vehicle by WKHGHVFULEHGUHJLVWUDWLRQSHULRG
a motor carrier, the information on drug and (1)(a) Annual registration is valid for a
alcohol testing programs required by ORS RQH\HDUSHULRG([FHSWDVSURYLGHGLQWKLV
>F†F† VXEVHFWLRQWKHSHULRGVWDUWVRQWKHÀUVWGD\
F†F†F† of a calendar month and runs through the
F†F†F† last day of the same calendar month one year
F†F†F† ODWHU2QFHDYHKLFOHLVUHJLVWHUHGXQGHUDQQXDO
F†F†@ registration, the registration period of the vehi-
803.375 False application prohibited; cle begins and ends with that same calendar
penalty. (1) A person commits the offense of month each time the vehicle is reregistered or
false application for vehicle registration if theUHJLVWUDWLRQIRUWKHYHKLFOHLVUHQHZHG
SHUVRQGRHVDQ\RIWKHIROORZLQJ (b) Annual registration issued under ORS
 D.QRZLQJO\PDNHVDQ\IDOVHVWDWHPHQW VWDUWVRQWKHGD\DYHKLFOHLVUHJ-
or representation with respect to any facts istered and runs through the same day one
required to be set forth in any application for \HDUODWHU2QFHDYHKLFOHLVUHJLVWHUHGDQQX-
UHJLVWUDWLRQ DOO\XQGHU256WKHUHJLVWUDWLRQ
(b) Uses a name other than the person’s true period of the vehicle begins and ends with that
QDPHLQDQ\DSSOLFDWLRQIRUUHJLVWUDWLRQ same day each time the vehicle is reregistered
RUUHJLVWUDWLRQIRUWKHYHKLFOHLVUHQHZHG9HKL-
(2) The penalty for submitting a false odom- cles initially registered on February 29 will
eter reading in an application for registration expire on the last day of February at the end
LVDVSURYLGHGLQ256 RIWKHUHJLVWUDWLRQSHULRG
(3) The offense described in this section, (2) Biennial registration is valid for a two-
false application for vehicle registration, is a \HDUSHULRG7KHSHULRGVWDUWVRQWKHGD\D
&ODVV$PLVGHPHDQRU>F† vehicle is registered and runs through the
F†F†@ VDPHGD\WZR\HDUVODWHU2QFHDYHKLFOHLV
803.380 Failure to surrender out-of- registered under biennial registration, the
state registration; penalty. (1) A person registration period of the vehicle begins and
commits the offense of failure to surrender ends with that same day each time the vehicle
is reregistered or registration for the vehicle is
out-of-state registration, if the person registers
a vehicle in this state that has been registered UHQHZHG9HKLFOHVLQLWLDOO\UHJLVWHUHGRQ)HE-
in another jurisdiction and the person does not ruary 29 will expire on the last day of February
surrender to the Department of Transporta- WZR\HDUVODWHU
WLRQDOOQXPEHUSODWHVVHDOVFHUWLÀFDWHVRI (3) Calendar-year registration starts on Jan-
registration or other evidences of the former uary 1 of a year and runs through December
registration in possession or control of the RIWKHVDPH\HDU
DSSOLFDQW
(4) Ownership registration starts on the day
(2) The offense described in this section, the vehicle is registered and is valid until the
failure to surrender out-of-state registration, RZQHUVKLSRIWKHYHKLFOHFKDQJHV
LVD&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†F†@ (5) Permanent registration starts on the day
the vehicle is registered and is valid for the life
803.385 False swearing relating to reg- RIWKHYHKLFOH
istration; penalty. (1) A person commits the
offense of false swearing relating to registra-  4XDUWHUO\UHJLVWUDWLRQVWDUWVRQWKHÀUVW
tion of vehicles if the person knowingly makes day of any calendar quarter and runs through
DQ\IDOVHDIÀGDYLWRUNQRZLQJO\VZHDUVRU the last day of the last calendar quarter in the
DIÀUPVIDOVHO\WRDQ\PDWWHURUWKLQJUHODWLQJ UHJLVWUDWLRQSHULRG7KHQXPEHURIFDOHQGDU
to the registering of vehicles under the vehicle quarters in a quarterly registration is elected
FRGHRUXQGHU256FKDSWHU E\WKHYHKLFOHRZQHUDWWKHWLPHRIUHJLVWUDWLRQ
A person may not establish quarterly registra-
(2) The penalty for submitting a false odom- WLRQSHULRGVIRUPRUHWKDQIRXUTXDUWHUV,ID
eter reading in an application for registration vehicle is registered for a quarterly registra-
LVDVSURYLGHGXQGHU256 tion period of less than four calendar quarters,
(3) The offense described in this section, the Department of Transportation shall collect,
false swearing relating to registration of vehi- when issuing or renewing registration of the
FOHVLVD&ODVV$PLVGHPHDQRU>F vehicle, the additional fee for quarterly regis-
†F†F†F WUDWLRQHVWDEOLVKHGXQGHU256
†F†@ (7) Four-year registration starts on the day
a vehicle is registered and runs through the
(Periods and Fees) VDPHGD\IRXU\HDUVODWHU>F†
F†F†F†
803.400 Duration of registration F†@
periods. This section establishes and distin-
JXLVKHVUHJLVWUDWLRQSHULRGV(DFKUHJLVWUDWLRQ 803.405 Effect of initial registration
period determines the period of validity for month. (1) The month in which any vehicle is
YHKLFOHUHJLVWUDWLRQ5HJLVWUDWLRQXQGHUWKH initially registered under annual registration
is the month established as the beginning and

Title 59 Page 78 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21
ending of registration periods for the vehicle
unless the Department of Transportation
adjusts the registration month of the vehicle
XSRQLQLWLDOUHJLVWUDWLRQXQGHU256
(2) The day on which any vehicle is ini-
tially registered under biennial registration
RUZKHQUHTXLUHGXQGHU256LVWKH
day established as the beginning and ending
of registration periods for the vehicle unless
the department adjusts the registration period
of the vehicle upon initial registration under
256>F†F†@
803.410 Department authorized to
adjust periods and fees; rules. The
Department of Transportation is empowered
WRDGPLQLVWHU256DQGUHODW-
ing to the registration periods of vehicles and
 
(b) Vehicles of special interest registered
XQGHU256
(c) Trailers that will be operated on the high-
ways at a loaded weight of more than 8,000
SRXQGVDQGDUHQRWWUDYHOWUDLOHUVÀ[HGORDG
YHKLFOHVRUVSHFLDOXVHWUDLOHUV
(2) Government-owned vehicles regis-
WHUHG XQGHU 256  KDYH RZQHUVKLS
UHJLVWUDWLRQ
(3) The following vehicles may be registered
under annual or quarterly registration unless
the vehicles are registered under proportional
UHJLVWUDWLRQXQGHU256RUSURSRU-
WLRQDOÁHHWUHJLVWUDWLRQXQGHU256
(a) Vehicles required to establish a registra-
WLRQZHLJKWXQGHU256
to adopt and enforce rules, including rules for
the adjustment or proration of fees and regis-
tration periods, necessary to accomplish the
HQIRUFHPHQWRIWKRVHVHFWLRQV7KHDXWKRULW\
granted the department under this section is
VXEMHFWWRWKHIROORZLQJ LQ256
(1) The department may initially register a
vehicle that is subject to biennial registration
for less than a 24-month period or for more
than a 24-month period, not exceeding a max-
 E&RPPHUFLDOEXVHV
(c) Vehicles registered as farm vehicles
XQGHU256
(4) Snowmobiles are registered as provided
(5) Vehicles operated by dealers who hold
FHUWLÀFDWHVXQGHU256DUHDVSURYLGHG
XQGHU256
imum of a 30-month period, and prorate the  7UDLOHUVIRUKLUHWKDWZLOOEHRSHUDWHGDW
fee on a monthly basis, when in its opinion a loaded weight of 8,000 pounds or less may be
VXFKIUDFWLRQDOUHJLVWUDWLRQWHQGVWRIXOÀOOWKH UHJLVWHUHGDVIROORZV
SXUSRVHRIWKHELHQQLDOUHJLVWUDWLRQV\VWHP (a) Annual registration; or
(2) The department may initially adjust the  E,IUHJLVWHUHGXQGHUDQDJUHHPHQWSXU-
registration periods of trailers for hire regis- VXDQWWR256IRUDSHULRGRIWLPH
WHUHGDVSDUWRIDÁHHW GHWHUPLQHGDVVSHFLÀHGLQWKHDJUHHPHQWRU
(3) The authority granted under this section DVGHWHUPLQHGE\WKHGHSDUWPHQW
includes authority to adjust the initial regis-
tration period of travel trailers and special use
trailers that are required to be registered after
being removed from assessment under the ad
YDORUHPWD[ODZVE\256
(4) The department, by rule, may adjust
registration fees or registration periods for a
vehicle, as is administratively convenient for
 ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
tion (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 regis-
WUDWLRQSHULRG
WKHGHSDUWPHQWLI  D&RPPHUFLDOEXVHV
(a) The vehicle is changed from one type of
registration to another type; or
(b) Any other change relating to the regis-
tration of the vehicle is made where it would be
administratively convenient for the department
 E(OHFWULFRUK\EULGYHKLFOHVUHJLVWHUHGDV
IDUPYHKLFOHVXQGHU256
(c) Vehicles required to establish registra-
WLRQZHLJKWXQGHU256
WRPDNHVXFKDGMXVWPHQWV>F†
F†F†F†
F†F†@
803.415 Registration periods for vehi-
cles. This section establishes registration
SHULRGVIRUYHKLFOHV7KHUHJLVWUDWLRQSHULRGV
DUHSHULRGVGHVFULEHGXQGHU256
([FHSWDVSURYLGHGLQWKHIROORZLQJWKHUHJ-
istration period for any vehicle registered in
this state by the Department of Transportation
LVDELHQQLDOUHJLVWUDWLRQSHULRG
 9HKLFOHVUHJLVWHUHGXQGHU256
KDYHDQRZQHUVKLSUHJLVWUDWLRQSHULRG
(9) School vehicles registered under ORS
KDYHRZQHUVKLSUHJLVWUDWLRQH[FHSW
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
SXUSRVHVDXWKRUL]HGE\256
(10) The following vehicles have a four-year
UHJLVWUDWLRQSHULRG
(a) New vehicles registered under ORS
(1) The following vehicles have permanent IRUZKLFKQHZUHJLVWUDWLRQSODWHV
UHJLVWUDWLRQ will be issued;
(a) Antique vehicles registered under ORS (b) New mopeds registered under ORS
 IRUZKLFKQHZUHJLVWUDWLRQSODWHV
will be issued;

Title 59 Page 79 (2015 Edition)

 OREGON VEHICLE CODE

(c) New motorcycles registered under ORS be increased by any amount established by the
IRUZKLFKQHZUHJLVWUDWLRQSODWHV governing body of a county or by the governing
will be issued; and ERG\RIDGLVWULFWDVGHÀQHGLQ256
(d) New vehicles registered under ORS XQGHU256RUDVDQDGGLWLRQDO
DIRUZKLFKQHZUHJLVWUDWLRQSODWHV UHJLVWUDWLRQIHHIRUWKHYHKLFOH7KHIHHVIRU
ZLOOEHLVVXHG UHJLVWUDWLRQRIYHKLFOHVDUHDVIROORZV
 $UHQWDORUOHDVLQJFRPSDQ\DVGHÀQHG (1) Vehicles not otherwise provided for in
LQ256PD\HOHFWDQDQQXDODELHQ- WKLVVHFWLRQRU256IRUHDFK\HDU
nial or a four-year registration period for the RIWKHUHJLVWUDWLRQSHULRG
initial registration of a new vehicle registered (2) Mopeds, $24 for each year of the regis-
XQGHU256RUDIRUZKLFKQHZ
registration plates will be issued if the com-
SDQ\RZQVWKHYHKLFOHWKDWLVEHLQJUHJLVWHUHG
The subsequent renewal or reregistration peri-
RGVIRUWKHYHKLFOHDUHELHQQLDO>F
†F†F†F
†F†F†F
†F†F†F
†F†F†F
WUDWLRQSHULRG
(3) Motorcycles, $24 for each year of the
UHJLVWUDWLRQSHULRG
(4) Government-owned vehicles registered
XQGHU256
(5) State-owned vehicles registered under
256RQUHJLVWUDWLRQRUUHQHZDO
†F†F†F
†F†F†F
†@
803.417 Registration period for Oregon
National Guard member or military
 8QGHUFRYHUYHKLFOHVUHJLVWHUHGXQGHU
256RQUHJLVWUDWLRQRUUHQHZDO
(7) Antique vehicles registered under ORS

(8) Vehicles of special interest registered
reservist. 1RWZLWKVWDQGLQJ256 XQGHU256
DQGWKHUHJLVWUDWLRQRIDYHKLFOHUHJLV-
tered in the name of a person who is a member
of the Oregon National Guard or a military
reservist ordered on active duty and deployed
to a location outside the United States that
expires while the person is on active duty shall
remain valid for 90 days following the termi-
QDWLRQRIDFWLYHGXW\
(2) The court shall dismiss the charge of
failure to renew vehicle registration under
256  LI ZKHQ FKDUJHG D PHPEHU
of the Oregon National Guard or a military
reservist had a valid registration for the vehi-
 (OHFWULFYHKLFOHVDQGK\EULGYHKLFOHVWKDW
use electricity and another source of motive
SRZHUDVIROORZV
(a) The registration fee for an electric or
hybrid vehicle not otherwise described in this
subsection is $43 for each year of the registra-
WLRQSHULRG
(b) The registration fee for electric or hybrid
YHKLFOHVWKDWKDYHWZRRUWKUHHZKHHOVLV
This paragraph does not apply to electric or
K\EULGPRSHGV(OHFWULFRUK\EULGPRSHGVDUH
subject to the same registration fee as other-
FOHSXUVXDQWWRVXEVHFWLRQRIWKLVVHFWLRQ
>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 803 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
ZLVHSURYLGHGIRUPRSHGVXQGHUWKLVVHFWLRQ
(c) The registration fees for the following
electric or hybrid vehicles are the same as for
comparable nonelectric vehicles described in
WKLVVHFWLRQSOXVSHUFHQWRIVXFKIHH
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ  $0RWRUKRPHV
803.420 Registration fees. This section  %&RPPHUFLDOEXVHV
HVWDEOLVKHVUHJLVWUDWLRQIHHVIRUYHKLFOHV,I (C) Vehicles registered as farm vehicles
WKHUHLVXQFHUWDLQW\DVWRWKHFODVVLÀFDWLRQ XQGHU256
of a vehicle for purposes of the payment of
registration fees under the vehicle code, the (D) Vehicles required to establish registra-
Department of Transportation may classify WLRQZHLJKWXQGHU256RU
the vehicle to assure that registration fees for (10) Motor vehicles required to establish
the vehicle are the same as for vehicles the DUHJLVWUDWLRQZHLJKWXQGHU256RU
GHSDUWPHQWGHWHUPLQHVWREHFRPSDUDEOH7KH WRZYHKLFOHVXVHGWRWUDQVSRUWSURS-
registration fees for the vehicle shall be those erty for hire other than as described in ORS
EDVHGRQWKHFODVVLÀFDWLRQGHWHUPLQHGE\WKH DQGFRPPHUFLDOEXVHVDVSURYLGHGLQ
GHSDUWPHQW([FHSWDVRWKHUZLVHSURYLGHGLQ the following chart, based upon the weight sub-
this section, or unless the vehicle is registered mitted in the declaration of weight prepared
quarterly, the fees described in this section are XQGHU256RU
for an entire registration period for the vehicle
DVGHVFULEHGXQGHU2567KHGHSDUW- ____________________________________
ment shall apportion any fee under this section Weight in Pounds Fee
WRUHÁHFWWKHQXPEHURITXDUWHUVUHJLVWHUHGIRU
a vehicle registered for a quarterly registra- 8,000 or less $ 55
WLRQSHULRGXQGHU2567KHIHHVDUH 8,001 to 10,000 344
payable when a vehicle is registered and upon
UHQHZDORIUHJLVWUDWLRQ([FHSWDVSURYLGHGLQ 10,001 to 12,000 391
256DQGWKHIHHVKDOO 12,001 to 14,000 438

Title 59 Page 80 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

  WR   (11)(a) Motor vehicles with a registration

  WR   weight of more than 8,000 pounds that are
GHVFULEHGLQ256WKDWDUHRSHUDWHG
18,001 to 20,000 593 E\DFKDULWDEOHRUJDQL]DWLRQDVGHÀQHGLQ256
  WR   DVSURYLGHGLQWKHIROORZLQJFKDUW
22,001 to 24,000 703 ____________________________________
  WR   Weight in Pounds Fee
  WR   8,001 to 10,000 $ 50
28,001 to 30,000 391   WR  
30,001 to 32,000 422   WR  
32,001 to 34,000 438   WR  
  WR     WR  
  WR   18,001 to 20,000 90
38,001 to 40,000 515 20,001 to 22,000 95
40,001 to 42,000 532 22,001 to 24,000 105
  WR     WR  
  WR     WR  
  WR   28,001 to 30,000 125
  WR   30,001 to 32,000 135
  WR   32,001 to 34,000 140
  WR     WR  
  WR     WR  
  WR     WR  
  WR   40,001 to 42,000 170
  WR   42,001 to 44,000 180
  WR     WR  
  WR     WR  
  WR   48,001 to 50,000 200
  WR   50,001 to 52,000 210
70,001 to 72,000 904 52,001 to 54,000 215
72,001 to 74,000 921   WR  
  WR     WR  
  WR     WR  
78,001 to 80,000 998   WR  
80,001 to 82,000 1,014   WR  
82,001 to 84,000 1,045   WR  
  WR     WR  
  WR     WR  
88,001 to 90,000 1,108 70,001 to 72,000 290
90,001 to 92,000 1,139 72,001 to 74,000 295
92,001 to 94,000 1,155   WR  
  WR     WR  
  WR   78,001 to 80,000 320
98,001 to 100,000 1,218 80,001 to 82,000 325
100,001 to 102,000 1,249 82,001 to 84,000 335
  WR     WR  
104,001 to 105,500 1,295   WR  
____________________________________ 88,001 to 90,000 355
  WR  

Title 59 Page 81 (2015 Edition)

 OREGON VEHICLE CODE

92,001 to 94,000 370   WR  

  WR     WR  
  WR     WR  
98,001 to 100,000 390   WR  
100,001 to 102,000 400   WR  
102,001 to 104,000 405   WR  
104,001 to 105,500 415   WR  
____________________________________ 88,001 to 90,000 723
(b) Motor vehicles with a registration weight 90,001 to 92,000 743
RIPRUHWKDQSRXQGVWKDWDUHFHUWLÀHG 92,001 to 94,000 754
XQGHU256XQOHVVWKHPRWRUYHKLFOH
is registered under subsection (10) of this sec-   WR  
tion or that are used exclusively to transport   WR  
manufactured structures, as provided in the
IROORZLQJFKDUW 98,001 to 100,000 794
____________________________________ 100,001 to 102,000 815
Weight in Pounds Fee 102,001 to 104,000 825
8,001 to 10,000 $102 104,001 to 105,500 845
10,001 to 12,000 122 ____________________________________
12,001 to 14,000 132 (c) The owner of a vehicle described in
paragraphs (a) and (b) of this subsection must
  WR   certify at the time of initial registration, in
  WR   a manner determined by the department by
rule, that the motor vehicle will be used exclu-
18,001 to 20,000 183 sively to transport manufactured structures
20,001 to 22,000 193 RUH[FOXVLYHO\DVGHVFULEHGLQ256
22,001 to 24,000 214 unless the motor vehicle is registered under
subsection (10) of this section, or as described
  WR   LQ256RU5HJLVWUDWLRQRI
  WR   a vehicle described in paragraphs (a) and (b) of
this subsection is invalid if the vehicle is oper-
28,001 to 30,000 255 ated in any manner other than that described
30,001 to 32,000 275 LQWKHFHUWLÀFDWLRQXQGHUWKLVSDUDJUDSK
32,001 to 34,000 285 (12) Trailers registered under permanent
UHJLVWUDWLRQ
  WR  
 )L[HGORDGYHKLFOHVDVIROORZV
  WR  
 D,IDGHFODUDWLRQRIZHLJKWGHVFULEHGXQGHU
  WR   256LVVXEPLWWHGHVWDEOLVKLQJWKH
  WR   weight of the vehicle at 3,000 pounds or less,

  WR  
 E,IQRGHFODUDWLRQRIZHLJKWLVVXEPLWWHG
  WR   or if the weight of the vehicle is in excess of
  WR   SRXQGV
48,001 to 50,000 407 (14) Trailers for hire that are equipped with
pneumatic tires made of an elastic material
50,001 to 52,000 428 and that are not travel trailers or trailers reg-
52,001 to 54,000 438 LVWHUHGXQGHUSHUPDQHQWUHJLVWUDWLRQ
  WR    7UDLOHUVUHJLVWHUHGDVSDUWRIDÁHHW
under an agreement reached pursuant to ORS
  WR   WKHVDPHDVWKHIHHIRUYHKLFOHVRIWKH
  WR   same type registered under other provisions
RIWKH2UHJRQ9HKLFOH&RGH
  WR  
 7UDYHOWUDLOHUVFDPSHUVDQGPRWRU
  WR   homes as follows, based on length as deter-
  WR   PLQHGXQGHU256
  WR    D)RUWUDYHOWUDLOHUVRUFDPSHUVWKDWDUH
WRIHHWLQOHQJWK
  WR  
(b) For travel trailers or campers over 10 feet
70,001 to 72,000 591 LQOHQJWKSOXVDIRRWIRUHDFKIRRWRI
  WR   OHQJWKRYHUWKHÀUVWIHHW

Title 59 Page 82 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

 F)RUPRWRUKRPHVWKDWDUHWRIHHWLQ   WR  

OHQJWK 38,001 to 40,000 213
(d) For motor homes over 14 feet in length, 40,001 to 42,000 228
SOXVDIRRWIRUHDFKIRRWRIOHQJWK
RYHUWKHÀUVWIHHW 42,001 to 44,000 235
(17) Special use trailers as follows, based on   WR  
OHQJWKDVGHWHUPLQHGXQGHU256   WR  
 D)RUOHQJWKVWRIHHW 48,001 to 50,000 273
(b) For special use trailers over 10 feet in 50,001 to 52,000 281
length, $54 plus $3 a foot for each foot of length
RYHUWKHÀUVWIHHW 52,001 to 54,000 288
(18) Fees for vehicles with proportional reg-   WR  
LVWUDWLRQXQGHU256RUSURSRUWLRQHG   WR  
ÁHHWUHJLVWUDWLRQXQGHU256DUHDV
provided for vehicles of the same type under   WR  
WKLVVHFWLRQH[FHSWWKDWWKHIHHVVKDOOEHÀ[HG   WR  
on an apportioned basis as provided under the
DJUHHPHQWHVWDEOLVKHGXQGHU256   WR  
(19) For any vehicle that is registered under   WR  
a quarterly registration period, a minimum of   WR  
$15 for each quarter registered plus an addi-
WLRQDOIHHRI   WR  
 ,QDGGLWLRQWRDQ\RWKHUIHHVFKDUJHG 70,001 to 72,000 395
IRUUHJLVWUDWLRQRIYHKLFOHVLQÁHHWVXQGHU256 72,001 to 74,000 402
WKHGHSDUWPHQWPD\FKDUJHWKHIRO-
ORZLQJIHHV   WR  
(a) A $2 service charge for each vehicle   WR  
HQWHUHGLQWRDÁHHW 78,001 to 80,000 440
(b) A $1 service charge for each vehicle in 80,001 to 82,000 448
WKHÁHHWDWWKHWLPHRIUHQHZDO
  WR  
(21) The registration fee for vehicles with
special registration for disabled veterans under   WR  
256LVDIHHRI   WR  
(22) Subject to subsection (19) of this section, 88,001 to 90,000 493
the registration fee for motor vehicles regis-
WHUHGDVIDUPYHKLFOHVXQGHU256LV 90,001 to 92,000 509
as follows based upon the registration weight   WR  
given in the declaration of weight submitted
XQGHU256   WR  
____________________________________   WR  
98,001 to 100,000 554
Weight in Pounds Fee   WR  
8,000 or less $ 35 102,001 to 104,000 577
  WR   104,001 to 105,500 585
10,001 to 12,000 53 ____________________________________
  WR   (23) The registration fee for school vehicles
UHJLVWHUHGXQGHU256LV
  WR  
(24) The registration fee for a low-speed
  WR   vehicle is $43, for each year of the registration
18,001 to 20,000 99 SHULRG
20,001 to 22,000 114  $UHQWDORUOHDVLQJFRPSDQ\DVGHÀQHG
LQ256WKDWHOHFWVWRLQLWLDOO\UHJLVWHU
22,001 to 24,000 121 a vehicle for an annual or biennial registration
  WR   period shall pay a fee of $1 in addition to the
vehicle registration fee provided under this
  WR   VHFWLRQ
28,001 to 30,000 159   5DFLQJ DFWLYLW\ YHKLFOHV UHJLVWHUHG
  WR   XQGHU256
32,001 to 34,000 182 (27) Medium-speed electric vehicles, $43
IRUHDFK\HDURIWKHUHJLVWUDWLRQSHULRG>
  WR  

Title 59 Page 83 (2015 Edition)

 OREGON VEHICLE CODE
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at which the vehicle will be operated on the
highways of this state except when carrying
loads described under subsection (1)(b) of this
VHFWLRQ7KHPD[LPXPUHJLVWUDWLRQZHLJKWIRU
any vehicle required to establish a registration
ZHLJKWXQGHUWKLVVHFWLRQLVSRXQGV
Vehicles operating at weights above 105,500
pounds will operate under a variance permit
LVVXHGXQGHU256
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803.425 Vehicle length for fee determi-
nation. The following are the measurement
points of the described vehicles for the pur-
poses of determining registration fees under
256 described in subsection (5) of this section, or
(1) Special use trailers and travel trailers
are measured from the foremost point of the
trailer hitch to the rear extremity of the trailer
body not including the spare tire, but including
all ordinary equipment or appliances appropri-
ate to the type of body such as stakes, curtains,
KRRNVVNLGVWDLOERDUGFKDLQVVLGHVDQGURRI
(2) Campers are measured by overall length
IURPWKHH[WUHPHIURQWWRWKHH[WUHPHUHDU
(3) Motor homes are measured by overall
OHQJWKIURPIURQWWRUHDUH[WUHPLWLHV
(4) Tent trailers are measured by overall
OHQJWKZKHQIROGHGIRUWUDYHO>F†
F†@
803.430 Certain vehicles required to estab-
OLVKUHJLVWUDWLRQZHLJKWIRUIHHGHWHUPLQDWLRQ
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, the following vehicles are required
to establish a registration weight under this
VHFWLRQ
(a) Any motor truck that will be operated on
the highways at a combined weight or loaded
weight of more than 10,000 pounds not includ-
ing the weight of any camper or trailing vehicle
DQ\WUDLOLQJPDQXIDFWXUHGVWUXFWXUH
(b) Any truck tractor that will be operated
on the highways at a combined weight of more
than 8,000 pounds not including the weight
of any camper or trailing vehicle described in
subsection (5) of this section, or any trailing
PDQXIDFWXUHGVWUXFWXUH
(c) An armored car, tow vehicle, hearse or
DPEXODQFH
(d) Any other motor vehicle that will be oper-
ated on the highways at a combined weight
or loaded weight of more than 10,000 pounds
not including the weight of any camper or
trailing vehicle as described in subsection (5)
of this section, or any trailing manufactured
VWUXFWXUH
(1) Registration weight is established for the  H$VHOISURSHOOHGPRELOHFUDQH
IROORZLQJSXUSRVHV (f) Any motor vehicle registered as a farm
(a) The registration weight is the weight YHKLFOHXQGHU256
used in the declaration of weight under ORS (4) A vehicle that is being registered under
WRGHWHUPLQHWKHUHJLVWUDWLRQIHHV DVSHFLÀFSURYLVLRQRIWKHYHKLFOHFRGHZKHUH
XQGHU 256  IRU YHKLFOHV UHTXLUHG fees are not based on weight or where regis-
to establish registration weight under this WUDWLRQZHLJKWLVVSHFLÀFDOO\QRWUHTXLUHGLV
VHFWLRQ not required to establish registration weight
(b) A vehicle that is required to establish XQGHUWKLVVHFWLRQ
registration weight by this section is in viola- (5) The weight of a camper or the following
WLRQRI256LIWKHYHKLFOHLVRSHUDWHG trailing vehicles may not be included in the
on a highway of this state at a weight in excess UHJLVWUDWLRQZHLJKW
of the registration weight except when carrying
DORDG (a) Trailers with a loaded weight of 8,000
SRXQGVRUOHVV
 $8QGHUWKHSURYLVLRQVRI256WR
 (b) Special use trailers, travel trailers and
À[HGORDGYHKLFOHV
(B) Of over 105,500 pounds combined weight
or loaded weight under a variance permit  F7RZHGPRWRUYHKLFOHV
LVVXHGXQGHU256  7KHZHLJKWRIDWUDLOLQJPDQXIDFWXUHG
(C) Under a registration weight trip permit
LVVXHGXQGHU256RU
(D) Consisting of towed motor vehicles
required to be registered under the vehicle
FRGH
(2) Registration weight is established at the
time of registration and whenever the vehicle
has been altered or reconstructed by furnish-
ing a declaration of weight described under
256WKDWFRQWDLQVDGHFODUDWLRQRIWKH
maximum combined weight or loaded weight
structure may not be included in the registra-
WLRQZHLJKW>F†F†
F†F†F†
F†F†F†
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803.435 Declaration of weight for fee
determination; contents. A declaration of
weight required for purposes of complying with
256DQGIRUSXUSRVHVRIGHWHUPLQLQJ
YHKLFOHUHJLVWUDWLRQIHHVXQGHU256
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Title 59 Page 84 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21
(1) For vehicles required to establish a
UHJLVWUDWLRQZHLJKWXQGHU256WKH
declaration shall contain the registration
ZHLJKW
(2) For buses, the declaration shall contain
the unloaded weight of the vehicle plus the
unloaded weight of any bus trailer to be used
LQFRPELQDWLRQZLWKWKHYHKLFOH7KHGHFODUD-
tion shall also indicate the number of persons,
including the driver, to be carried in the vehi-
cle, plus the number of persons to be carried
on any bus trailer to be used in combination
ZLWKWKHYHKLFOH)RUSXUSRVHVRIGHWHUPLQLQJ
the fee for registration of the vehicle under
256WKH'HSDUWPHQWRI7UDQVSRUWD-
tion shall determine the weight of the vehicle
by adding the unloaded weight of the vehicle,
plus the unloaded weight of any bus trailer to
be used in combination with the vehicle, to a
weight determined by multiplying the maxi-
mum seating capacity of the vehicle plus the
maximum seating capacity of any bus trailer to
be used in combination with the vehicle, includ-
ing the driver’s seat but excluding emergency
seats, times 170 pounds, if the vehicle has a
separate compartment for transporting bag-
gage or express, or 150 pounds, if the vehicle
has no separate compartment for transporting
EDJJDJHRUH[SUHVV,IWKHYHKLFOHKDVDVHDWLQJ
 
(d) Any vehicle registered under the propor-
WLRQDOUHJLVWUDWLRQSURYLVLRQVRI256
RU
(2) The offense described in this section,
failure to submit a declaration of weight, is
D&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†F†@
803.445 Authority of counties and dis-
tricts to impose registration fees; rules;
maximum amount. (1) The governing body
of a county may impose registration fees for
YHKLFOHVDVSURYLGHGLQ256
(2) The governing body of a district may
impose registration fees for vehicles as pro-
YLGHGLQ256
(3) The Department of Transportation shall
provide by rule for the administration of laws
authorizing county and district registration
IHHVDQGIRUWKHFROOHFWLRQRIWKRVHIHHV
(4) Any registration fee imposed under this
section shall be imposed in a manner consis-
WHQWZLWK256
(5) No county or district may impose a vehi-
cle registration fee that would by itself, or in
combination with any other vehicle registra-
tion fee imposed under this section, exceed the
DPRXQWRIWKHIHHLPSRVHGXQGHU256
capacity that is not arranged for separate or 7KHRZQHURIDQ\YHKLFOHVXEMHFWWRPXOWL-
individual seating, 18 lineal inches shall be ple fees under this section shall be allowed a
GHHPHGWKHHTXLYDOHQWRIDSDVVHQJHUVHDW credit or credits with respect to one or more
 )RUÀ[HGORDGYHKLFOHVWKHGHFODUDWLRQ of such fees so that the total of such fees does
shall contain the weight of the vehicle including not exceed the amount of the fee imposed under
the cab, chassis, frame and all appurtenances
necessary for making the vehicle self-propelled
including front bumpers, fenders, windshield,
tire carrier and spare wheel, and including
WKHÀ[HGRUSHUPDQHQWORDGRIWKHYHKLFOHEXW
H[FOXGLQJWKHVSDUHWLUH
(4) For tow vehicles that are used to trans-
port property for hire other than as described
LQ256WKHGHFODUDWLRQVKDOOFRQWDLQ
the combined weight at which the vehicle will
EHXVHGWRWUDQVSRUWSURSHUW\IRUKLUH
(5) For all vehicles not otherwise provided
for by this section and for which a declaration
is prepared or required, the declaration shall
FRQWDLQWKHUHJLVWUDWLRQZHLJKWRIWKHYHKLFOH
>F†F†F
†F†F†FF
†F†F†@
803.440 Failure to submit declaration
of weight; penalty. (1) A person commits the
offense of failure to submit a declaration of
weight if the person does not submit a dec-
laration of weight for a vehicle described in
this subsection when the person applies for
registration of the vehicle or has the vehicle
registered in the person’s name and the vehicle
KDVEHHQDOWHUHGRUUHFRQVWUXFWHG7KLVVHFWLRQ
DSSOLHVWRWKHIROORZLQJYHKLFOHV of the vehicle; or
(a) Any vehicle required to establish regis-
WUDWLRQZHLJKWXQGHU256
256>F†@
(Renewal)
803.450 Notice of pending expiration;
exceptions; effect of failure to receive;
records. (1) The Department of Transpor-
tation shall notify the registered owner of a
vehicle registered by this state of the approach-
LQJH[SLUDWLRQRIWKHYHKLFOH·VUHJLVWUDWLRQ7KH
notice required by this subsection shall comply
ZLWKDOORIWKHIROORZLQJ
(a) The notice shall be mailed to the owner of
the vehicle at the address shown in department
UHFRUGV
(b) The notice shall be mailed a reasonable
WLPHEHIRUHH[SLUDWLRQGDWHRIWKHUHJLVWUDWLRQ
(2) The department shall not be required
to notify the registered owner of an approach-
ing expiration if the department has reason to
EHOLHYH
(a) The vehicle has been sold, wrecked or
stolen;
(b) The registered owner is ineligible to
renew the registration;
(c) There is a dispute with regard to the title
(d) The registered owner failed to notify the
department of a change of address as required
E\256
 E$Q\FRPPHUFLDOEXV
(3) Failure to receive notice of expiration
(c) Any vehicle registered as a farm vehicle from the department is not a defense to a
XQGHU256

Title 59 Page 85 (2015 Edition)

 OREGON VEHICLE CODE
charge of driving with an expired vehicle reg-
LVWUDWLRQ+RZHYHUWKHFRXUWPD\GLVPLVVWKH
charge if the owner registers the vehicle before
WKHVFKHGXOHGFRXUWDSSHDUDQFH
(4) Department records concerning notice
XQGHUWKLVVHFWLRQDUHVXEMHFWWR256
>F†F†F†
F†F†@
803.455 Failure to renew; fee; penalty.
(1) A person commits the offense of failure to
renew vehicle registration if the registration
period for a vehicle registered in the person’s
name expires and the person does not pay the
IHHUHTXLUHGIRUUHQHZDORIUHJLVWUDWLRQ
(2) This section does not apply if the vehicle
LVQRORQJHUUHTXLUHGRUTXDOLÀHGWREHUHJLV-
tered in this state when the registration period
H[SLUHV
(3) The fee required to be paid for renewal of
registration under this section is the same fee
that is required for registration of the vehicle
XQGHU256
(4) The offense described in this section, fail-
ure to renew vehicle registration, is a Class D
WUDIÀFYLRODWLRQ>F†F
†F†@
 &HUWLÀFDWLRQRURWKHUSURRIRI
FRPSOLDQFHZLWKÀQDQFLDOUHVSRQVLELO-
ity requirements; rules. The Department
of Transportation shall not renew the regis-
tration of a motor vehicle unless one of the
IROORZLQJRFFXUV
803.470>F†F†
UHSHDOHGE\F†/@
803.473 Effect of unpaid registra-
tion fees on issuance of duplicate or
UHSODFHPHQWFHUWLÀFDWHRIWLWOHOn and
after September 29, 1991, the Department
of Transportation shall not refuse to renew
UHJLVWUDWLRQWUDQVIHUWKHFHUWLÀFDWHRIWLWOHRU
LVVXHDGXSOLFDWHRUUHSODFHPHQWFHUWLÀFDWHRI
title for a camper or travel trailer solely on
the grounds that prior to September 29, 1991,
the owner of the camper or travel trailer owed
XQSDLGUHJLVWUDWLRQIHHVWRWKHGHSDUWPHQW
>F†P@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 803 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
803.475>F†F†
UHSHDOHGE\F†@
803.478 Donation to Oregon Depart-
ment of Veterans’ Affairs Veterans Suicide
Prevention and Outreach Program. (1) A
person that applies for the renewal of vehicle
registration online may make a contribution
of $1 or more to the Oregon Department of
Veterans’ Affairs Veterans Suicide Prevention
and Outreach Program at the time the online
application for renewal of vehicle registration
LVPDGH
(2) The vehicle registration renewal website
 7KHRZQHURIWKHYHKLFOHFHUWLÀHVFRPSOL-
DQFHZLWKÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
IRUWKHYHKLFOHDQGFHUWLÀHVWKDWWKHRZQHUZLOO
remain in compliance with the requirements
for the term of the registration or until the
YHKLFOHLVVROG7KLVVXEVHFWLRQGRHVQRWDSSO\
if a renewal of registration is accompanied by
an application for transfer of title arising from
WKHVDOHRIWKHYHKLFOH([HPSWLRQVIURPWKLV
VXEVHFWLRQDUHHVWDEOLVKHGLQ256
7KH IRUP RI FHUWLÀFDWLRQ UHTXLUHG IRU WKLV
subsection shall be as required under ORS

(2) The department receives satisfactory
SURRIRIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVL-
bility requirements by some means other than
and online application form must state that the
owner has the option of making a contribution
to the Oregon Department of Veterans’ Affairs
Veterans Suicide Prevention and Outreach
3URJUDP
(3) Moneys contributed to the Oregon
Department of Veterans’ Affairs Veterans
Suicide Prevention and Outreach Program in
accordance with this section shall be deposited
in the Oregon Department of Veterans’ Affairs
Veterans Suicide Prevention and Outreach
3URJUDP)XQG>F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 803 or any
WKHFHUWLÀFDWLRQGHVFULEHGLQVXEVHFWLRQRI
WKLVVHFWLRQ7KHGHSDUWPHQWPD\GHWHUPLQH
by rule what constitutes satisfactory proof for
SXUSRVHVRIWKLVVXEVHFWLRQ>F†
F†F†@
803.465 Proof of compliance with pollu-
tion control equipment requirements. The
Department of Transportation shall not issue
renewal of registration unless the department
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
(Cards)
803.500 Registration card; contents.
The Department of Transportation shall fur-
nish for each vehicle and camper registered by
the department, a registration card that shows
DOORIWKHIROORZLQJLQIRUPDWLRQ
receives proof of compliance with pollution  7KHQDPHRIWKHUHJLVWHUHGRZQHU
control equipment requirements under ORS
7KLVVHFWLRQLVQRWDSSOLFDEOHWRYHKL-  7KHPDNH
cles exempt from the requirements of this  7KH\HDUPRGHO
VHFWLRQE\256RUWRYHKLFOHVUHJLV-
WHUHGXQGHUWKHSURYLVLRQVRI256RU  7KHYHKLFOHLGHQWLÀFDWLRQQXPEHUDV
>F†F† denoted by the title issued for the vehicle or
F†F†@ FDPSHU

Title 59 3DJH (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

(5) The mileage of the vehicle as reported to  ,IDQDSSOLFDWLRQIRUWLWOHRUUHJLVWUDWLRQ

the department at the time the most recent title is for a vehicle that is subject to the provisions
transfer was reported to the department, or RI256WKHGHSDUWPHQWPD\LVVXHD
the mileage reported to the department at the SHUPLWGHVFULEHGXQGHU256ZKLOHWKH
time the vehicle was initially titled in Oregon, department is determining all facts relative to
ZKLFKHYHURFFXUUHGODVW the applicant’s right to receive title and may
 7KHZRUG´WRWDOHGµLIWKHYHKLFOHKDV
been reported to the department as a totaled
YHKLFOHXQGHUWKHSURYLVLRQVRI256RU
XQOHVVWKHUHDVRQIRUWKHUHSRUWZDV
WKHIWDQGWKHYHKLFOHKDVEHHQUHFRYHUHG
(7) Any other information required by the
GHSDUWPHQW>F†F†
F†F†F†
LVVXHUHJLVWUDWLRQSODWHVDORQJZLWKWKHWLWOH
(3) Before issuance of registration plates,
the department must receive the manufactur-
LQJDQGUHÁHFWRUL]LQJIHHIRUWKHUHJLVWUDWLRQ
SODWHV,IWKHUHJLVWUDWLRQSODWHLVDVSHFLDO
SODWH DXWKRUL]HG XQGHU 256  WKH
fees for the registration plate issuance are as
GHVFULEHGLQ256
F†F†DF  ([FHSWDVRWKHUZLVHDXWKRUL]HGE\256
†F†@ UHJLVWUDWLRQSODWHVLVVXHGVKDOOEHDV
803.505 Failure to carry registration GHVFULEHGLQ256
card; penalty. (1) The owner of a vehicle that (5) The department shall issue the number
is registered in this state commits the offense RISODWHVDSSURSULDWHXQGHU256DQG
of failure to carry a registration card if the DQ\VWLFNHUVSURYLGHGXQGHU256
owner does not place and keep the card in or on >F†F†F
the vehicle in a manner that makes it readily †F†F†F
DYDLODEOHIRUSROLFHLQVSHFWLRQXSRQUHTXHVW †@
(2) The following apply to the offense 803.525 Number of plates issued. The
GHVFULEHGLQWKLVVHFWLRQ Department of Transportation shall issue two
(a) The owner of a commercial vehicle is not registration plates for every vehicle that is reg-
in violation of this section if a photocopy of theistered by the department except as otherwise
FDUGLVXVHG SURYLGHGLQWKLVVHFWLRQ8SRQUHQHZDORUZKHQ
RWKHUZLVHSURYLGHGXQGHU256WKH
 E,QWKHFDVHRIDFDPSHUWKHRZQHUVKDOO department may issue stickers in lieu of or in
keep the registration card in the transporting DGGLWLRQWRUHJLVWUDWLRQSODWHV7KHIROORZLQJ
YHKLFOH VKDOOEHLVVXHGSODWHVDVGHVFULEHG
 F,QWKHFDVHRIDVQRZPRELOHWKHUHJLV- (1) Only one registration plate shall be
WUDWLRQFDUGRUFHUWLÀFDWHVKDOOEHLQDSODFH issued for a moped, motorcycle, trailer, antique
that is readily accessible whether or not the vehicle or vehicle of special interest registered
VQRZPRELOHLVLQRSHUDWLRQ E\WKHGHSDUWPHQW
(3) The offense described in this section, (2) Only one plate shall be issued for a
failure to carry a registration card, is a Class FDPSHUWKDWLVUHJLVWHUHG6WLFNHUVPD\EH
'WUDIÀFYLRODWLRQ>F†F LVVXHGLQOLHXRIDSODWH>F†
†F†F†F F†F†F†
†F†F†@ F†DF†F†@
803.510 Duplicate or replacement; fee. 803.530 Period of validity; transfer;
The Department of Transportation may issue replacement. Registration plates assigned
a duplicate or replacement registration card to a vehicle by the Department of Transporta-
ZKHQ tion shall remain with the vehicle to which the
(1) The department receives an application plates are assigned and are valid only during
indicating the loss, mutilation or destruction the registration period for which the plates are
of a registration card; and LVVXHGH[FHSWDVSURYLGHGLQWKHIROORZLQJ
(2) The fee for issuance of a duplicate or (1) The department may allow registration
replacement card established under ORS plates to be transferred to another vehicle upon
LVSDLGWRWKHGHSDUWPHQW>F receipt of an application and payment of a plate
†F†F†D@ WUDQVIHUIHHXQGHU256LQDGGLWLRQWR
DQ\UHTXLUHGUHJLVWUDWLRQIHH7KHGHSDUWPHQW
(Plates) shall transfer registration plates under this
subsection unless the department determines
803.520 Issuance; fees. The Department WKDWWKHSODWHVDUH
of Transportation shall issue and deliver to (a) So old, damaged, mutilated or otherwise
the owner registration plates according to the rendered illegible as to be not useful for pur-
IROORZLQJ SRVHVRILGHQWLÀFDWLRQRU
(1) Registration plates shall be issued  E1RWDQ\RIWKHIROORZLQJ
XSRQÀOLQJRIDSSOLFDWLRQIRUUHJLVWUDWLRQDQG
payment of the appropriate registration and (A) From a current issue of registration
registration plate fees unless the department plates;
has just cause for refusing to register a vehicle (B) Customized registration plates described
RUXQOHVVRWKHUZLVHSURYLGHGLQWKLVVHFWLRQ XQGHU256

Title 59 Page 87 (2015 Edition)

 OREGON VEHICLE CODE

(C) Oregon Trail commemorative registra-  D([FHSWDVRWKHUZLVHSURYLGHGLQSDUD-

tion plates issued under section 113, chapter graph (f) of this subsection, the design of the
741, Oregon Laws 1993; or registration plates shall be that chosen by the
(D) Special registration plates issued under commission from entries in the contest held
256RU SXUVXDQWWRFKDSWHU2UHJRQ/DZV
(2) The owner of a registered vehicle to  E,IUHJLVWUDWLRQSODWHVDUHLVVXHGPHDQV
which a plate is assigned may replace a regis- shall be provided for identifying the vehicle
tration plate that is illegally altered or that is from the front and rear by means of characters
lost, destroyed or mutilated in a manner that RUQXPHUDOV
UHQGHUVLOOHJLEOHDQ\LGHQWLÀFDWLRQRQWKHSODWH  F$OOSODWHVVKDOOEHPDGHZLWKDUHÁHFWLYH
7KHIROORZLQJDSSO\WRWKLVVXEVHFWLRQ PDWHULDOVRDVWREHDIXOO\UHÁHFWRUL]HGVDIHW\
(a) To replace a plate under this subsection, SODWH7KHUHÁHFWRUL]HGPDWHULDOVKDOOEHRI
the owner must apply to the department for such a nature as to provide effective depend-
replacement of the damaged or lost plate in a DEOH EULJKWQHVV LQ WKH SURPRWLRQ RI WUDIÀF
form prescribed by the department and pay the safety during the service period of the plate
replacement plate fee established under ORS LVVXHG

(b) The application must state the facts of
WKHGDPDJHGHVWUXFWLRQRUORVVRIWKHSODWH
(c) The department, in lieu of replacement,
may issue duplicate plates for the same fee as
FKDUJHGIRUUHSODFHPHQWV
(d) The plates issued under this subsec-
tion are valid only for the period of the plates
UHSODFHG
(3) This section does not apply to special
interest registration plates approved under
256>F†F†
F†F†F†
F†F†F
†F†F†@
803.533 Period of validity for Oregon
National Guard member or military
 G([FHSWDVRWKHUZLVHDXWKRUL]HGXQGHU
256DOOSODWHVVKDOOFRQWDLQWKHGLV-
tinctive number or characters assigned to the
YHKLFOHDQGWKHZRUG´2UHJRQµ
(e) When a pair of registration plates is
issued, each plate shall bear the same iden-
WLÀFDWLRQDVWKHRWKHUSODWHRIWKHSDLU
(f) The department may choose plates for
vehicles that are not required to display plates
from the series produced as provided in chapter
2UHJRQ/DZV1RWKLQJLQWKLVSDUD-
graph prohibits the department from issuing
plates from the series produced as provided in
chapter 572, Oregon Laws 1987, for vehicles
WKDWDUHQRWUHTXLUHGWRGLVSOD\VXFKSODWHV
(2) The department may provide for desig-
nation of the registration period for which the
registration is issued on the plate by means
reservist. 1RWZLWKVWDQGLQJ256
a registration plate assigned to a vehicle reg-
istered to a member of the Oregon National
Guard or a military reservist ordered on active
duty and deployed to a location outside the
United States that expires while the person
is on active duty shall remain valid for 90 days
IROORZLQJWKHWHUPLQDWLRQRIDFWLYHGXW\
(2) The court shall dismiss the charge of
improper display of validating stickers under
256LIZKHQFKDUJHGWKHSHUVRQ
charged was the registered owner of the vehicle
and a member of the Oregon National Guard
or a military reservist, and the registration
plate was valid pursuant to subsection (1) of
WKLVVHFWLRQ>F†@
NoteZDVDGGHGWRDQGPDGHD
part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 803
RUDQ\VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
803.535 Size, form, material, color,
design, contents. 6XEMHFWWR256
DQGDQGWKHIROORZLQJWKH'HSDUWPHQW
of Transportation shall select registration
SODWHVLWLVVXHV vehicle or camper are displayed in a manner
(1) Registration plates shall be in the size,
form and arrangement and made of materials
determined by the department subject to the
IROORZLQJ (b) Plates must be displayed on the front and
Title 59 Page 88
RIVWLFNHUVGHVFULEHGXQGHU256RU
any other method the department determines
DSSURSULDWH
(3) The department may provide plates that
may be used on a vehicle for successive regis-
tration periods when validated by one or more
VWLFNHUVGHVFULEHGXQGHU256>
F†F†F†
F†@
803.537 > F †  F †
UHSHDOHGE\F†@
803.538 Color of sky in graphic plates.
Registration plates chosen by the commission
pursuant to section 1, chapter 572, Oregon
Laws 1987, shall have the colors chosen by
the commission except that the sky shall be
EOXH>F†@
803.540 Failure to display plates;
exceptions; penalty. (1) A person commits
the offense of failure to display registration
plates if the person operates, on the highways
of this state, any vehicle or camper that has
been assigned registration plates by this state
and the registration plates assigned to the
WKDWYLRODWHVDQ\RIWKHIROORZLQJ
(a) The plate must be displayed on the rear
RIWKHYHKLFOHLIRQO\RQHSODWHLVUHTXLUHG
UHDURIWKHYHKLFOHLIWZRSODWHVDUHUHTXLUHG
(2015 Edition)
 9(+,&/(7,7/($1'5(*,675$7,21  

(c) The plates must be in plain view and so (2) of this section or that is illegally displayed
DVWREHUHDGHDVLO\E\WKHSXEOLF
(d) The plate must not be any plate that does
not entitle the holder thereof to operate the
YHKLFOHXSRQWKHKLJKZD\V
(2) A person is not in violation of this section
if the person is operating a vehicle or camper
DVGHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(2) A registration plate is illegally altered
for purposes of this section if the plate has
EHHQDOWHUHGPRGLÀHGFRYHUHGRUREVFXUHGLQ
any manner including, but not limited to, the
IROORZLQJ
under and in accordance with the requirements
IRUDQ\RIWKHIROORZLQJ QXPEHUVOHWWHUVRUPDWHULDORIWKHSODWH
(a) A temporary application permit issued
XQGHU256
(b) An agent temporary registration permit
LVVXHGXQGHU256
(c) Provisions established under ORS
RUIRUWKHGLVSOD\
of registration plates or other evidence of reg-
istration on vehicles that are proportionally
UHJLVWHUHGXQGHU256RU
 D$Q\FKDQJHRIWKHFRORUFRQÀJXUDWLRQ
(b) Any material or covering, other than a
frame or plate holder, placed on, over or in front
of the plate that alters the appearance of the
SODWH
(c) Any frame or plate holder that obscures
the numbers, letters or registration stickers,
VRDVWRUHQGHUWKHPXQUHDGDEOH
(3) A registration plate is illegally displayed
IRUSXUSRVHVRIWKLVVHFWLRQLIWKHSODWH
(3) The offense described in this section,
failure to display registration plates, is a Class
'WUDIÀFYLRODWLRQ>F†F
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803.545 Failure to display out-of-state
plates; penalty. (1) A person commits the
offense of failure to display plates on an out-
of-state vehicle if the person operates a vehicle
that is registered in any jurisdiction other than
this state and the person does not display the
registration plates assigned to and furnished
IRUWKHYHKLFOHE\WKHUHJLVWHULQJMXULVGLFWLRQ GHVFULEHGXQGHU256
 D,VGLVSOD\HGRQDYHKLFOHRWKHUWKDQWKH
vehicle for which the plate was issued; or
(b) Displays registration stickers that con-
tain an expiration date that is different from
the expiration date shown upon the vehicle
registration records of the Department of
7UDQVSRUWDWLRQ
(4) Subsection (2) of this section does not
DSSO\WRWKHIROORZLQJ
(a) Any placement of registration stickers
(a) For the current registration period in
that jurisdiction; and
(b) Substantially as provided under ORS
IRUYHKLFOHVWKDWDUHUHJLVWHUHGE\WKLV
VWDWH
(2) This section does not allow the display
of out-of-state registration plates on a vehicle
when the vehicle is required to be registered
LQWKLVVWDWHE\256
 E$Q\SXEOLFRIÀFLDOZKRGLVSOD\VRUSHU-
forms any alteration of a registration plate in
WKHFRXUVHRIRIÀFLDOGXWLHV
(c) Any special interest registration plate
DSSURYHGXQGHU256
(5) Subsection (3)(a) of this section does not
apply to a vehicle dealer authorized to use and
operate vehicles displaying the dealer’s plates
XQGHU256
(3) The offense described in this section, fail-  7KHRIIHQVHGHVFULEHGLQWKLVVHFWLRQLOOH-
ure to display plates on an out-of-state vehicle, gal alteration or illegal display of a registration
LVD&ODVV&WUDIÀFYLRODWLRQ>F† SODWHLVD&ODVV%WUDIÀFYLRODWLRQ>F
F†F†@ †F†@
803.550 Illegal alteration or display of (Stickers)
plates; penalty. (1) A person commits the
offense of illegal alteration or illegal display 803.555 Replacement. The owner of a
of a registration plate if the person knowingly registered vehicle to which registration stick-
GRHVDQ\RIWKHIROORZLQJ ers are assigned may replace a registration
 D,OOHJDOO\DOWHUVDUHJLVWUDWLRQSODWHLQ
a manner described in subsection (2) of this
VHFWLRQ
(b) Causes a registration plate to be illegally
displayed as described in subsection (3) of this
VHFWLRQ
(c) Operates any vehicle that is displaying a
registration plate that is illegally altered in a
manner described in subsection (2) of this sec-
tion or that is illegally displayed as described
sticker that is lost, destroyed or mutilated in
DPDQQHUWKDWUHQGHUVLOOHJLEOHDQ\LGHQWLÀ-
FDWLRQRIWKHVWLFNHU7RUHSODFHDUHJLVWUDWLRQ
sticker under this section, the owner must
apply to the Department of Transportation for
a replacement of the damaged or lost sticker in
a form prescribed by the department and pay
the replacement sticker fee established under
2567KHDSSOLFDWLRQPXVWVWDWHWKH
facts of the damage, destruction or loss of the
VWLFNHUV7KHVWLFNHUVLVVXHGXQGHUWKLVVHFWLRQ
LQVXEVHFWLRQRIWKLVVHFWLRQ
(d) Owns and causes or permits a vehicle
to display a registration plate that is illegally
altered in a manner described in subsection
are valid only for the period of the stickers
UHSODFHG3URYLVLRQIRUUHSODFHPHQWRIUHJLVWUD-
WLRQSODWHVLVPDGHXQGHU256>
F†F†F†
F†F†@

Title 59 Page 89 (2015 Edition)

 OREGON VEHICLE CODE

803.560 Improper display; penalty. (1) GHSDUWPHQW7KHIROORZLQJDOODSSO\WRWKHIHH

A person commits the offense of improper dis- HVWDEOLVKHGE\WKLVVHFWLRQ
play of validating stickers if the person owns (1) The fee shall be in addition to any other
or drives a vehicle on which the display of fee collected upon issuance of a registration
registration stickers provides proof of valid SODWH
UHJLVWUDWLRQDQG
(2) The fee for each registration plate issued
(a) The stickers are not displayed in a and for each pair of plates issued shall be
manner required by the Department of Trans- determined by the department and shall be
portation; or HVWDEOLVKHGE\WKHGHSDUWPHQWE\UXOH7KH
(b) The stickers are displayed on the vehi- department shall establish fees for a single
cle after the registration period shown on the plate and for a pair of plates under this section
VWLFNHUV E\
(2) The offense described in this section, (a) Determining the cost of manufacturing
improper display of validating stickers, is a a single plate or a pair of plates and rounding
&ODVV'WUDIÀFYLRODWLRQ>F† the cost to the next higher half-dollar; and
F†@ (b) Adding $10 for a single plate and $20 for
803.565 Removal of stickers upon sale DSDLURISODWHV>F†F
of vehicle by dealer or towing business. (1) †F†F†@
([FHSWDVSURYLGHGLQVXEVHFWLRQVDQGRI 803.575 Fees for cards, plates and stick-
this section, when a person who has a vehicle ers; issuance; replacement; transfer. (1)
GHDOHUFHUWLÀFDWHLVVXHGXQGHU256 The fee for issuance of a duplicate or replace-
RUDWRZLQJEXVLQHVVFHUWLÀFDWHLVVXHGXQGHU PHQWUHJLVWUDWLRQFDUGXQGHU256LV
256VHOOVDPRWRUYHKLFOHWKDWKDV 
valid Oregon registration plates, the person
shall remove the registration stickers from the (2) The fee for issuance of a replacement
or duplicate registration plate under ORS
UHJLVWUDWLRQSODWHVRIWKHYHKLFOHLIWKHYHKLFOH
 LV WKH IHH HVWDEOLVKHG XQGHU 256
(a) Has a gross vehicle weight rating of 8,000
WRJHWKHUZLWKDIHHRILIWKHSODWH
pounds or less; is issued at the time of renewal of registration
 E,VGHVLJQHGWRFDUU\SDVVHQJHUVDQG or a fee of $10 if the plate is issued at any other
 F,VQRWDPRWRUF\FOHPRSHGRUVQRZPRELOH WLPH
(2) A person who has a vehicle dealer cer- (3) The fee for transfer of registration plate
WLÀFDWHLVVXHGXQGHU256QHHGQRW XQGHU256RULV
remove registration stickers under subsection (4) The fee for issuance of replacement reg-
RIWKLVVHFWLRQLI LVWUDWLRQVWLFNHUVXQGHU256LV
(a) The person submits title and registration (5) The fee for issuance of both replacement
documents to the Department of Transporta- or duplicate registration plates and replace-
tion on behalf of the buyer of the vehicle; or ment registration stickers, when issued at the
(b) The person sells the vehicle to another same time, is the fee established under ORS
SHUVRQZKRKDVDYHKLFOHGHDOHUFHUWLÀFDWH WRJHWKHUZLWKDIHHRILIWKHSODWH
LVVXHGXQGHU256 and stickers are issued at the time of renewal
of registration or a fee of $10 if the plate and
(3) A person who has a towing business cer- VWLFNHUVDUHLVVXHGDWDQ\RWKHUWLPH
WLÀFDWHLVVXHGXQGHU256QHHGQRW
remove registration stickers under subsection  $IHHSDLGXQGHUVXEVHFWLRQRU
of this section includes the cost of any duplicate
(1) of this section if the person sells the vehicle
WRDSHUVRQZKRKDVDYHKLFOHGHDOHUFHUWLÀFDWHRUUHSODFHPHQWUHJLVWUDWLRQFDUGLVVXHG>
LVVXHGXQGHU256RUWRDSHUVRQZKR F†F†F†
KDVDGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256 F†F†F†
>F†F† F†F†@
F†@  )HHIRULGHQWLÀFDWLRQGHYLFHIRU
NoteZDVDGGHGWRDQGPDGHD proportionally registered vehicle. ([FHSW
part of the Oregon Vehicle Code by legislative DVRWKHUZLVHVSHFLÀFDOO\SURYLGHGE\ODZWKH
action but was not added to ORS chapter 803 Department of Transportation shall collect
RUDQ\VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ the fee described by this section each time the
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ GHSDUWPHQWLVVXHVDQLGHQWLÀFDWLRQGHYLFHIRU
WKHSURSRUWLRQDOUHJLVWUDWLRQRIDYHKLFOH7KH
(Fees)
following apply to the fee established by this
VHFWLRQ
803.570 Plate manufacturing fee. ([FHSW (1) The fee shall be in addition to any other
DVRWKHUZLVHVSHFLÀFDOO\SURYLGHGE\ODZWKH fee collected upon issuance of a registration
Department of Transportation shall collect SODWH
the fee described by this section each time the
department issues a registration plate upon (2) The fee for each device issued shall be
the registration of a vehicle or at other times determined by the department and shall be
when a registration plate is issued by the HVWDEOLVKHGE\WKHGHSDUWPHQWE\UXOH

Title 59 Page 90 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21  

(3) The department shall establish the fees
XQGHUWKLVVHFWLRQEDVHGRQFRVW>F
†@
803.580 [1983 c.338 §220; repealed by
1987 c.750 §12]
803.585 Registration fees as substi-
tute for taxes on vehicles; exemptions.
vehicle, the vehicle must have been registered
in this state and the vehicle must be one of the
IROORZLQJ
(a) A motor truck with a registration weight
RIPRUHWKDQSRXQGV
(b) A truck tractor with a registration weight
RIPRUHWKDQSRXQGV
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHFWLRQ
RU256RUWKHUHJLVWUDWLRQ
fees under the vehicle code are in lieu of all
other taxes and licenses, except municipal
license fees under regulatory ordinances, to
which such vehicles or the owners thereof may
EHVXEMHFW)L[HGORDGYHKLFOHVDUHQRWH[HPSW
IURPDGYDORUHPWD[DWLRQE\WKLVVHFWLRQ
(2) Travel trailers subject to registration and
titling under the vehicle code are not subject to
DGYDORUHPWD[DWLRQEXWPD\EHUHFODVVLÀHG
as manufactured structures and made subject
WRWD[DWLRQDVSURYLGHGLQ256>
F†F†F†K
F†@
(Miscellaneous)
803.590 Disposition of plates and
refund of fees when certain vehicles are
destroyed or withdrawn from service.
(1) The owner of a vehicle described in this
subsection shall be permitted to transfer the
registration plates from the vehicle to a like
vehicle to be similarly used if the vehicle is
destroyed or permanently withdrawn from
service within this state and if the registra-
WLRQIHHIRUWKHYHKLFOHZDVPRUHWKDQ
To make a transfer of registration under this
section, the owner of the vehicle shall pay the
Department of Transportation a registration
WUDQVIHUIHHHVWDEOLVKHGXQGHU256
ÀOHDVWDWHPHQWLQGLFDWLQJWKHZLWKGUDZDORU
destruction with the department and surrender
DQ\UHJLVWUDWLRQFDUGLVVXHGIRUWKHYHKLFOH,I
the weight in the declaration of weight of the
vehicle receiving the transferred registration
exceeds that of the vehicle destroyed or with-
drawn, the owner must pay registration fees on
WKHLQFUHDVHGZHLJKW7KLVVXEVHFWLRQDSSOLHV
WRWKHIROORZLQJYHKLFOHV in this paragraph is valid for 10 consecutive
(a) Motor trucks with a registration weight
RIPRUHWKDQSRXQGV
(b) Truck tractors with a registration weight
RIPRUHWKDQSRXQGV
 F$WUDYHOWUDLOHURUFDPSHU>F
†F†F†F
†F†F†F
†F†F†@
VEHICLE PERMITS
803.600 Trip permits; authority
granted; types; records; rules; when not
required. A trip permit grants authority to
temporarily operate a vehicle on the highways
of this state under circumstances where the
operation would not otherwise be legal because
the vehicle is not registered by this state or
because provisions relating to the vehicle’s
UHJLVWUDWLRQGRQRWDOORZWKHRSHUDWLRQ7KH
Department of Transportation shall provide
for the issuance of trip permits in a manner
FRQVLVWHQWZLWKWKLVVHFWLRQ$OORIWKHIROORZLQJ
DSSO\WRSHUPLWVLVVXHGXQGHUWKLVVHFWLRQ
(1) The department shall issue the following
types of trip permits to authorize the described
type of operation and, except as provided in
subsection (2) of this section, may not issue
WULSSHUPLWVIRUDQ\RWKHUSXUSRVH
(a) A heavy motor vehicle trip permit may
be issued for a motor vehicle with a combined
weight or loaded weight of more than 8,000
SRXQGVRUWKDWLVDÀ[HGORDGPRWRUYHKLFOHDQG
WKDWLVQRWUHJLVWHUHGLQWKLVVWDWH$SHUPLW
described in this paragraph is valid for 10 con-
VHFXWLYHGD\V
(b) A heavy trailer trip permit may be
issued for a trailer that will be operated on
the highways at a loaded weight of more than
SRXQGVRUWKDWLVDÀ[HGORDGYHKLFOH
and that is not registered to allow operation
RIWKHYHKLFOHLQWKLVVWDWH$SHUPLWGHVFULEHG
GD\V7KLVSDUDJUDSKGRHVQRWDSSO\WRWUDYHO
WUDLOHUV
(c) A light vehicle trip permit may be issued
for a vehicle with a combined weight or loaded
weight of less than 8,001 pounds that is not a
 F&RPPHUFLDOEXVHV À[HGORDGYHKLFOHDQGWKDWLVQRWUHJLVWHUHGWR
 ,IDYHKLFOHGHVFULEHGXQGHUWKLVVXE-
section is destroyed accidentally so as to be
incapable of further operation, the person
in whose name the vehicle is registered is
entitled to a refund of that portion of the fee
applicable to the then unexpired portion of the
UHJLVWUDWLRQSHULRG$Q\UHJLVWUDWLRQFDUGDQG
registration plates issued for the vehicle must
be surrendered to the department for cancel-
lation when application for refund is made
XQGHUWKLVVHFWLRQ&ODLPVIRUUHIXQGVXQGHU
WKLVVHFWLRQVKDOOEHÀOHGDQGSDLGDVSURYLGHG
IRUUHIXQGVXQGHU2567RTXDOLI\IRU
a refund under this section, a registration fee
in excess of $10 must have been paid for the
Title 59 Page 91
DOORZRSHUDWLRQRIWKHYHKLFOHLQWKLVVWDWH3HU-
mits described in this paragraph may be issued
IRUDSHULRGRIFRQVHFXWLYHGD\V7KHGHSDUW-
ment may not issue more than two permits
under this paragraph in a 12-month period for
any one vehicle unless all registered owners
RIWKHYHKLFOHDUHUHSODFHGE\QHZRZQHUV,I
there is a complete change in ownership of the
vehicle, as shown by the registration records
for the vehicle, a new owner may receive per-
mits for the vehicle under this paragraph as if
QRSHUPLWVKDGEHHQLVVXHGIRUWKHYHKLFOH7KLV
paragraph does not apply to campers, travel
trailers or motor homes, which are eligible for
(2015 Edition)
 OREGON VEHICLE CODE

recreational vehicle trip permits under para- (a) Any carrier regulated by the department
JUDSKGRIWKLVVXEVHFWLRQ
(d) A recreational vehicle trip permit may
be issued for a period of up to 10 consecutive
days for a camper, travel trailer or motor home
that is not registered for operation in this
VWDWH$SHUVRQEX\LQJDUHFUHDWLRQDOYHKLFOH
trip permit must show proof satisfactory to
the Department of Transportation that the
person is the owner of the camper, travel trailer
or motor home for which the permit will be
JUDQWHG$SHUVRQPD\QRWUHFHLYHUHFUHDWLRQDO
vehicle trip permits authorizing more than 10
GD\VRIRSHUDWLRQLQDQ\PRQWKSHULRG$
person who applies for a recreational vehicle
trip permit must certify that the person has
not been granted permits that together, and
including the permit applied for, exceed the
maximum number of days of operation allowed
E\WKLVSDUDJUDSK
(e) A registration weight trip permit may be
issued for a vehicle that is registered in this
state, to allow the vehicle to be operated with a
greater combined weight or loaded weight than
shall maintain records of heavy motor vehicle
and heavy trailer trip permits and registration
weight trip permits issued to the carrier as
UHTXLUHGE\WKHGHSDUWPHQWE\UXOH
(b) Requirements for the department to
maintain records concerning trip permits are
HVWDEOLVKHGXQGHU256
(4) An owner or operator of a vehicle may
REWDLQDWULSSHUPLW7KHIHHVIRULVVXDQFH
of trip permits are as provided under ORS

(5) The department shall make the trip per-
PLWVDYDLODEOHWRDOOÀHOGRIÀFHVDQGDJHQWV
maintained by the department and may make
arrangements for the issuance of the permits
E\GHVLJQDWHGLQGLYLGXDOVÀUPVRUDVVRFL-
ations for the convenience of the motoring
SXEOLF7KLVVXEVHFWLRQGRHVQRWUHTXLUHWKH
department to make trip permits described
in subsection (2) of this section available to
anyone other than persons with vehicle dealer
FHUWLÀFDWHVRUWRZLQJEXVLQHVVFHUWLÀFDWHV
is permitted by the registration weight estab-
lished for the vehicle or at a greater combined
weight or loaded weight than is otherwise
permitted under the registration for the vehi-
cle if the vehicle is not required to establish
DUHJLVWUDWLRQZHLJKW$SHUPLWLVVXHGXQGHU
this paragraph does not authorize movements
or operations for which a variance permit is
UHTXLUHGXQGHU256$SHUPLWLVVXHG
under this paragraph shall show the maximum
registration weight allowed for operation under
WKHSHUPLW$SHUPLWLVVXHGXQGHUWKLVSDUD-
JUDSKLVYDOLGIRUFRQVHFXWLYHGD\V
(f) A registered vehicle trip permit may be
issued for a vehicle that is registered in this
state to allow the vehicle to operate under con-
ditions or in ways not permitted by the terms of
WKHYHKLFOHUHJLVWUDWLRQ7KHGHSDUWPHQWVKDOO
determine by rule the kinds of operation for
which permits may be issued under this para-
JUDSK$SHUPLWLVVXHGXQGHUWKLVSDUDJUDSK
LVYDOLGIRUFRQVHFXWLYHGD\V
(2) The department shall allow a person
LVVXHGDYHKLFOHGHDOHUFHUWLÀFDWHXQGHU256
RUDWRZLQJEXVLQHVVFHUWLÀFDWHXQGHU
256WRLVVXHDGD\WULSSHUPLWWR
a person who buys a motor vehicle from the
SHUVRQZLWKWKHFHUWLÀFDWHLIWKHUHJLVWUDWLRQ
stickers are removed in accordance with ORS
7KHIROORZLQJDSSO\WRWULSSHUPLWV
LVVXHGXQGHUWKLVVXEVHFWLRQ of the vehicle for purposes not permitted under
(a) A permit issued under this subsection
allows operation of the motor vehicle in this
VWDWHIRUWKHSXUSRVHRIUHJLVWHULQJWKHYHKLFOH
(b) A permit issued under this subsection is
YDOLGIRUDSHULRGRIFRQVHFXWLYHGD\V
 7KHGHSDUWPHQWPD\DOVRVHOOKHDY\
motor vehicle, heavy trailer and registration
weight trip permits in advance of issuance to
contractors, transportation companies and
other users for issuance to their own vehicles
RUYHKLFOHVXQGHUWKHLUFRQWURO
(7) The department shall adopt rules for the
LVVXDQFHVDOHDQGFRQWURORIWULSSHUPLWV
(8) Trip permits are not required for the
operation of unregistered vehicles where such
RSHUDWLRQLVSHUPLWWHGDVIROORZV
(a) By vehicle dealers as permitted under
256
(b) By vehicle transporters as permitted
XQGHU256
(c) By towing businesses as permitted under
256
(9) Trip permits are not required for the
operation of unregistered vehicles where such
RSHUDWLRQLVSHUPLWWHGXQGHU256
(10) Unregistered vehicles that are oper-
ated without a trip permit are subject to the
prohibitions and penalties for operation of
XQUHJLVWHUHGYHKLFOHVXQGHU256RU
DVDSSURSULDWH
(11) A trip permit may be issued to a school
YHKLFOHUHJLVWHUHGXQGHU256IRUXVH
256>F†F†
F†F†F†
F†F†F†
F†F†F†
F†F†F†
F†@
 F$SHUVRQZLWKDYHKLFOHGHDOHUFHUWLÀFDWH
RUDWRZLQJEXVLQHVVFHUWLÀFDWHPD\QRWLVVXH
more than two permits under this subsection
IRUWKHVDPHPRWRUYHKLFOH
(3) The following requirements for records
are established concerning permits issued
XQGHUWKLVVHFWLRQ
803.601 Disposition of fees collected
for certain permits. Fees collected by the
Department of Transportation for recreational
YHKLFOHWULSSHUPLWVGHVFULEHGLQ256
shall be transferred to the State Parks and Rec-
reation Department Fund established by ORS
DQGDUHFRQWLQXRXVO\DSSURSULDWHGWR

Title 59 Page 92 (2015 Edition)

 9(+,&/(7,7/($1'5(*,675$7,21
the State Parks and Recreation Department for
WKHSXUSRVHVVSHFLÀHGLQ256>
F†F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 803 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
803.602 Statement of insurance cover-
age for certain trip permits. An applicant
for a light vehicle trip permit, a recreational
vehicle trip permit for a motor vehicle or a trip
 
in a form determined by the department to
an applicant for registration to permit the
applicant to operate the vehicle while the
department is determining all facts relative
to the right of the applicant to receive title,
regular registration plates and regular regis-
WUDWLRQ>F†F†
F†F†F†@
803.620>F†F†
UHSHDOHGE\F†@
803.625 Temporary registration per-
mits issued by dealers; rules. (1) The holder
RIDFXUUHQWYDOLGYHKLFOHGHDOHUFHUWLÀFDWH
SHUPLWLVVXHGXQGHU256PXVW
submit, at the time of application, a statement
indicating that the vehicle that will be operated
under the permit is covered by an insurance
policy that meets the requirements of ORS
DQGZLOOFRQWLQXHWREHFRYHUHGE\WKH
SROLF\IRUDVORQJDVWKHSHUPLWLVYDOLG7KH
statement shall include the name of the insurer
DQGWKHSROLF\QXPEHU7KH'HSDUWPHQWRI
Transportation or, if the permit is issued under
LVVXHGXQGHU256PD\LVVXHWHPSR-
rary permits for the operation of vehicles or the
transporting of a camper pending the receipt of
SHUPDQHQWUHJLVWUDWLRQIURPWKHGHSDUWPHQW
(2) Forms for temporary permits issued
under this section shall be furnished and,
VXEMHFWWR256SUHVFULEHGE\WKH
GHSDUWPHQW
(3) The department shall specify, by rule, the
256WKHSHUVRQZLWKWKHYHKLFOH
GHDOHUFHUWLÀFDWHRUWRZLQJEXVLQHVVFHUWLÀFDWH
shall refuse to issue a permit to a person who
does not submit the statement required by this
VHFWLRQ>F†F†
F†F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 803 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
803.605 Erroneous issuance of trip
permit; refund of fee. When the Department
of Transportation determines that it has erro-
neously issued a trip permit to a person who
did not require the permit, the department
may refund to the person any fee the person
SDLGIRUWKHSHUPLW>F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 803 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
803.610 Reciprocity permits. A reci-
procity permit is a vehicle permit that may be
issued to identify vehicles operating under a
reciprocal agreement established under ORS
:KHQUHTXLUHGE\DQDJUHHPHQWWKH
Department of Transportation shall provide for
the issuance of reciprocity permits as autho-
UL]HGE\WKHDJUHHPHQW$OORIWKHIROORZLQJ
apply to the issuance of permits under this
VHFWLRQ WKHSHUPDQHQWUHJLVWUDWLRQSODWHV
(1) The issuance of permits shall comply
ZLWKWKHDJUHHPHQWDXWKRUL]LQJWKHLULVVXDQFH
(2) Permits may be used to identify vehicles
entitled to operate within the areas described
LQDQDJUHHPHQW>F†F
†@
803.615 Temporary permit for reg-
istration applicant. The Department of
Transportation may issue a temporary permit
Title 59 Page 93
procedures to be followed by persons issuing
and using temporary permits issued under this
VHFWLRQ3HUVRQVYLRODWLQJUXOHVHVWDEOLVKHG
by the department under this subsection are
VXEMHFWWRSHQDOW\XQGHU256DQG
>F†F†
F†F†@
803.630 Agent violation of temporary
registration permit procedures; penalty.
(1) A person commits the offense of agent
violation of temporary registration permit
procedures if the person is authorized to issue
temporary registration permits under ORS
DQGWKHSHUVRQYLRODWHVDQ\UXOHV
adopted by the Department of Transporta-
tion concerning the procedures for issuing the
SHUPLWV
(2) The offense described in this section,
agent violation of temporary registration
SHUPLWSURFHGXUHVLVD&ODVV%WUDIÀFYLROD-
WLRQ>F†@
803.635 Improper use of temporary
registration permit; penalty. (1) A person
commits the offense of improper use of tem-
porary registration permit if the person is
issued a temporary registration permit under
256DQGWKHSHUVRQGRHVDQ\RIWKH
IROORZLQJ
(a) Violates any rule adopted by the Depart-
PHQWRI7UDQVSRUWDWLRQXQGHU256
FRQFHUQLQJWKHXVHRIWKHSHUPLW
(b) Fails to keep the permit on and upon the
vehicle during the period until the receipt of
(c) Fails to remove the permit from the
vehicle upon receipt of permanent registration
SODWHV
(2) The offense described in this section,
improper use of temporary registration permit,
LVD&ODVV'WUDIÀFYLRODWLRQ>F†
F†@
(2015 Edition)
 OREGON VEHICLE CODE
803.640 Prohibition on showing name
or address on permit. (1) Vehicle permits
LVVXHGXQGHU256WRWKDWDUH
required to be displayed so as to be visible from
the outside of a vehicle shall not show the name
or address of the registered owner of the vehicle
or of the person who has applied for registra-
WLRQRUWLWOLQJRIWKHYHKLFOH
(2) The Department of Transportation may
require that permits described in this section
contain the driver license number of the reg-
istered owner or of the person who has applied
for registration or titling of the vehicle display-
ing the permit and the name of the state that
LVVXHGWKHGULYHUOLFHQVH
F†F†F
†D@
803.650 Placement of permits in vehi-
cles; rules. (1) A permit issued under ORS
RUVKDOOEHSODFHGRQ
the left side of the rear window of the vehicle
XQOHVV
(a) The vehicle has no rear window; or
(b) The design of the vehicle or of any equip-
ment lawfully added to the vehicle is such that
a permit placed as required by this section
could not easily be seen from outside the
YHKLFOH
(2) The Department of Transportation shall
 ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH
information authorized by subsection (2) of
WKLVVHFWLRQLVQRWVXIÀFLHQWWRLGHQWLI\WKH
registered owner or person who has applied
for registration or titling of a vehicle issued a
permit described in this section, the depart-
ment may require that the person operating
the vehicle have in the person’s possession any
information the department determines is nec-
HVVDU\IRULGHQWLÀFDWLRQ6XFKLQIRUPDWLRQLI
required, shall be on a form prescribed by rule
by the department and may not be required to
be displayed so as to be visible from outside the
YHKLFOH>F†F†@
803.645 Fees for trip permits. Fees for
WULSSHUPLWVLVVXHGXQGHU256DUHDV
IROORZV color and size of the print on permits issued
(1) For a heavy motor vehicle trip permit,

adopt rules for the placement of permits that
cannot be placed on the left side of the rear
ZLQGRZRIDYHKLFOH>F†@
803.655 Improper display of permit;
penalty. (1) A person commits the offense of
improper display of a permit if the person is
LVVXHGDSHUPLWXQGHU256
RUDQGWKHSHUVRQGRHVQRWGLVSOD\WKH
permit on the vehicle in the manner required
E\256RUDVUHTXLUHGE\WKH'HSDUW-
PHQWRI7UDQVSRUWDWLRQE\UXOH
(2) The offense described in this section,
improper display of a permit, is a Class D traf-
ÀFYLRODWLRQ>F†F†@
803.660 Color and size of permits. The
XQGHU256DQGVKDOO
EHVXFKWKDWWKHSHUPLWVFDQHDVLO\EHUHDG
>F†F†F†@
 )RUDKHDY\WUDLOHUWULSSHUPLW   7RZLQJ FRPPHUFLDO ÀVKLQJ
 )RUDOLJKWYHKLFOHWULSSHUPLW boat without permit. Notwithstanding ORS
DSHUVRQPD\WRZWKHSHUVRQ·VRZQ
(4) For a recreational vehicle trip permit, FRPPHUFLDOÀVKLQJERDWZLWKRXWDWULSSHUPLW
 and regardless of the weight permitted under
 )RUDUHJLVWUDWLRQZHLJKWWULSSHUPLW the registration of the trailer if the combined
 )RUDUHJLVWHUHGYHKLFOHWULSSHUPLW weight of the towing vehicle, the trailer and
 WKHERDWLVSRXQGVRUOHVV>F
†E@
(7) For a 10-day trip permit issued under
256E\DSHUVRQZLWKDYHKLFOH CHAPTER 804
GHDOHUFHUWLÀFDWHRUDWRZLQJEXVLQHVVFHUWLI-
LFDWH>F†F† [Reserved for expansion]
F†F†F†
F†F†F† _______________
F†F†F†

Title 59 Page 94 (2015 Edition)

 63(&,$/5(*,675$7,213529,6,216

Chapter 805

(',7,21
SPECIAL REGISTRATION PROVISIONS

PARTICULAR VEHICLES  6SHFLDOUHJLVWUDWLRQSODWHTXDOLÀFD-

tions; application; fee; rules
805.010 Antique vehicles
805.230 Amateur radio operator plates; fee
805.020 Special interest vehicles
805.240 Customized plates; fee
805.030 Violation of registration limits on
antique or special interest vehicle; 805.242 Transfer of plates that are not from
penalty current issue; fee
805.035 Racing activity vehicles 805.250 Fees for special plates
805.037 Violation of registration limits on (Salmon Registration Plate)
racing activity vehicles; penalty
805.040 Registration of government-owned 805.255 Salmon registration plate; rules; fees
vehicles 805.256 Disposition of moneys from salmon
805.045 Regular registration for certain registration plate surcharge
state-owned vehicles
(Cultural Registration Plate)
805.047 Regular registration for coun-
ty-owned vehicles 805.260 Cultural registration plates; rules;
805.050 School buses and school activity vehi- fees
cles; exceptions 805.261 Disposition of moneys from cultural
805.060 Law enforcement undercover vehicles registration plate surcharge
805.080 Campers
(Crater Lake National Park Registration Plate)
805.090 Nonfarm tractors
805.092 Low-speed vehicles and medi- 805.263 Crater Lake National Park registra-
um-speed electric vehicles; rules tion plate; rules; fees
805.264 Disposition of moneys from Crater
Lake National Park registration plate
PARTICULAR PERSONS surcharge
805.100 Disabled veterans
(Wine Country Registration Plate)
805.103 Congressional Medal of Honor recipi-
ents; rules 805.266 Wine country registration plate; fee
805.105 Veterans’ recognition plates; Gold 805.268 Wine country registration plate
Star Family plates; rules; surcharge; design
disposition of moneys 805.272 Disposition of moneys from wine
805.106 Funding for veterans’ recognition country registration plate surcharge
plate costs 805.274 Distribution of moneys; rules
805.107 Disposition of certain plates issued to
veterans (Portland Trail Blazers Registration Plate)
805.110 Former prisoners of war 805.278 Portland Trail Blazers registration
805.115 Active members of Oregon National plate; rules; fee
Guard 805.279 Disposition of moneys from Port-
805.117 Honorary consuls; rules land Trail Blazers registration plate
surcharge
FLEETS (Breast Cancer Awareness Registration Plate)
 (IIHFWRIÁHHWUHJLVWUDWLRQUHTXLUH- 805.283 Breast cancer awareness registration
ments; rules plate; rules; fee
805.285 Disposition of moneys from breast
SPECIAL INDICIA OF REGISTRATION cancer awareness registration plate
surcharge
(Generally)
3DFLÀF:RQGHUODQG5HJLVWUDWLRQ3ODWH
805.200 Plates and other devices with special
designs; rules 7HPSRUDU\SURYLVLRQVUHODWLQJWR3DFLÀF
805.205 Special plates for certain groups; Wonderland registration plate program are
rules; surcharge; disposition of compiled as notes following ORS 805.285)
moneys
805.207 Keep Kids Safe Registration Plate
Account FARM VEHICLES
805.210 Special interest vehicle plates 805.300 Farm vehicle registration; general
 (OHFWHGRIÀFLDOSODWHVTXDOLÀFDWLRQV requirements; fees
fee; rules  4XDOLÀFDWLRQVIRUUHJLVWUDWLRQ
805.222 Special registration program; rules 805.320 Application for registration

Title 59 Page 95 (2015 Edition)

 OREGON VEHICLE CODE

 $QQXDOSURRIRITXDOLÀFDWLRQIRUIDUP
vehicle registration
805.340 Effect of sale of vehicle
805.350 Violation of farm registration limits;
penalty
805.360 Failure to register farm vehicle prop-
erly; penalty
 )DOVHFHUWLÀFDWLRQSHQDOW\
805.380 Department investigation;
cancellation
805.390 Permitted uses of farm-registered
vehicles
805.400 Proportional registration for farm
vehicles; rules
805.410 Department investigation of farm
vehicle proportional registration
application; cancellation

Title 59 3DJH (2015 Edition)

 63(&,$/5(*,675$7,213529,6,216
PARTICULAR VEHICLES
805.010 Antique vehicles. (1) A vehicle
that is an antique vehicle may be registered for
a permanent registration period as described
XQGHU256E\GRLQJWKHIROORZLQJ
(a) Making application for permanent regis-
tration of the vehicle in the manner provided
IRUDSSOLFDWLRQIRUUHJLVWUDWLRQRIYHKLFOHV
(b) Paying the fee for permanent registration
RIDQWLTXHYHKLFOHVXQGHU256
(2) Once a vehicle is permanently registered
 
(4) Once a vehicle is permanently registered
as a racing activity vehicle under this section,
the vehicle is subject to the limitations on use
RIWKHYHKLFOHXQGHU256>F
†D@
805.037 Violation of registration limits
on racing activity vehicles; penalty. (1)
A person commits the offense of violation of
registration limits on a racing activity vehicle
if a vehicle is permanently registered under
256DQGWKHSHUVRQXVHVWKHYHKLFOH
RWKHUWKDQIRU
as an antique vehicle under this section, the
vehicle is subject to the limitations on use of
WKHYHKLFOHXQGHU256>F
†F†@
805.020 Special interest vehicles. (1)
A vehicle that is a vehicle of special interest
may be registered for a permanent registra-
WLRQSHULRGDVGHVFULEHGXQGHU256
E\GRLQJWKHIROORZLQJ (2) The offense described in this section, vio-
(a) Making application for permanent regis-
tration of the vehicle in the manner provided
IRUDSSOLFDWLRQIRUUHJLVWUDWLRQRIYHKLFOHV
(b) Paying the fee for permanent registration
of vehicles of special interest established under
256
(2) Once a vehicle is permanently registered
as a vehicle of special interest under this sec-
tion, the vehicle is subject to the limitations on
XVHRIWKHYHKLFOHXQGHU256>
F†F†@
805.030 Violation of registration limits
on antique or special interest vehicle;
penalty. (1) A person commits the offense of
violation of registration limits on antique vehi-
cle or vehicle of special interest if a vehicle is
SHUPDQHQWO\UHJLVWHUHGXQGHU256RU
DQGWKHSHUVRQXVHVWKHYHKLFOH (1) The registration period for vehicles
(a) Other than for exhibitions, parades, club
activities and similar uses; or
(b) Primarily for the transportation of per-
VRQVRUSURSHUW\
(2) The offense described in this section, vio-
lation of registration limits on antique vehicle
RUYHKLFOHRIVSHFLDOLQWHUHVWLVD&ODVV'WUDIÀF
YLRODWLRQ>F†@
805.035 Racing activity vehicles. (1) A
vehicle that is a racing activity vehicle may be
UHJLVWHUHGRQO\XQGHUWKLVVHFWLRQ
(2) A racing activity vehicle shall be regis-
tered for a permanent registration period as
GHVFULEHGXQGHU2567RUHJLVWHUD
UDFLQJDFWLYLW\YHKLFOHWKHRZQHUVKDOO (4) Vehicles described in this section that are
(a) Apply for permanent registration of the
vehicle in the same manner provided for appli-
cation for registration of vehicles; and
(b) Pay the fee for permanent registration
of racing activity vehicles established under
256
(3) A racing activity vehicle may be issued
VSHFLDOLQWHUHVWUHJLVWUDWLRQSODWHV
Title 59 Page 97
 D([KLELWLRQVSDUDGHVRUFOXEDFWLYLWLHV
(b) Driving the vehicle from the person’s
home to a race track that is within a 90-mile
radius of the person’s home; or
(c) Test driving the vehicle for maintenance
or repair purposes within a 30-mile radius of
ZKHUHWKHYHKLFOHLVPDLQWDLQHGRUUHSDLUHG
lation of registration limits on a racing activity
YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†E@
805.040 Registration of govern-
ment-owned vehicles. ([FHSWDVRWKHUZLVH
SURYLGHGE\WKLVVHFWLRQ256DQG
YHKLFOHVWKDWDUHRZQHGDQGRSHUDWHG
by this state, cities, counties or other political
subdivisions of this state or by the government
RIDIHGHUDOO\UHFRJQL]HG,QGLDQWULEHLQWKLV
state are subject to the same requirements and
provisions for registration as are other vehi-
FOHV)RUSXUSRVHVRIWKLVVHFWLRQDYHKLFOHWKDW
is operated under a lease or lease-purchase
DJUHHPHQWE\DQ\RIWKHJRYHUQPHQWVVSHFLÀHG
LQWKLVVHFWLRQLVDJRYHUQPHQWRZQHGYHKLFOH
The following requirements and provisions
DSSO\WRJRYHUQPHQWRZQHGYHKLFOHV
subject to this section shall be an ownership
registration period as described under ORS
H[FHSWWKDWWKHUHJLVWUDWLRQVKDOOFRQ-
tinue to be valid if ownership of the vehicle is
WUDQVIHUUHGWRDQRWKHUJRYHUQPHQWDJHQF\
(2) The fee for registration of the vehicles
shall be the fee for registration of govern-
ment-owned vehicles established under ORS
DQGQRRWKHUUHJLVWUDWLRQIHHVKDOOEH
UHTXLUHG
(3) Any vehicle registered under this sec-
WLRQDQGQRWH[HPSWHGXQGHU256
PXVWPHHWWKHUHTXLUHPHQWVIRUFHUWLÀFDWLRQ
of compliance with pollution control under ORS

school buses or activity vehicles may be reg-
LVWHUHGDVSURYLGHGLQ256LQOLHXRI
registration under this section, if the vehicles
TXDOLI\IRUUHJLVWUDWLRQXQGHU256
(5) For purposes of this section, vehi-
cles owned by the government of a federally
UHFRJQL]HG,QGLDQWULEHLQWKLVVWDWHDUHJRY-
HUQPHQWRZQHGYHKLFOHV>F†
F†F†F†
F†F†@
(2015 Edition)
 OREGON VEHICLE CODE
805.045 Regular registration for certain
state-owned vehicles. (1) The Department
of Transportation may issue registration
plates or other evidence of registration from
any regular series rather than from any spe-
cially designed government series for a vehicle
owned or operated by any state department or
institution if approval is granted under ORS
7KHUHJLVWUDWLRQSHULRGIRUDYHKLFOH
described under this section shall be the same
provided to a school for purposes described in
WKLVVXEVHFWLRQ
(2) The following vehicles may not be regis-
WHUHGXQGHUWKLVVHFWLRQ
(a) A vehicle subject to regulation under ORS
FKDSWHU
(b) A vehicle regulated by a city under ORS

as the regular registration period for the type
RIYHKLFOHUHJLVWHUHG7KHIHHIRUUHJLVWUDWLRQRU
renewal of registration of a vehicle under this
section shall be the fee established under ORS
IRUUHJLVWUDWLRQRUUHQHZDORIDVWDWH
RZQHGYHKLFOHUHJLVWHUHGXQGHU256
(2) Any vehicle registered under this sec-
WLRQDQGQRWH[HPSWHGXQGHU256
PXVWPHHWWKHUHTXLUHPHQWVIRUFHUWLÀFDWLRQ
of compliance with pollution control under ORS
>F†F†@
805.047 Regular registration for coun-
ty-owned vehicles. (1) Upon request of any
county, the Department of Transportation may
issue registration plates or other evidence of
registration from any regular series rather
than from any specially designed government
series for a vehicle owned or operated by the
FRXQW\7KHUHJLVWUDWLRQSHULRGIRUDYHKLFOH
described under this section shall be the same
as the regular registration period for the type
RIYHKLFOHUHJLVWHUHG7KHIHHIRUUHJLVWUDWLRQ
or renewal of registration of a vehicle under
this section shall be the fee established under
 ([FHSWDVRWKHUZLVHSURYLGHGE\WKLV
section, vehicles registered under this section
are subject to the same requirements and pro-
YLVLRQVIRUUHJLVWUDWLRQDVDUHRWKHUYHKLFOHV
The following requirements and provisions are
different from those otherwise provided for
UHJLVWUDWLRQ
(a) The registration period for vehicles
subject to this section shall be an ownership
registration period as described under ORS
H[FHSWWKDWWKHUHJLVWUDWLRQFRQWLQ-
ues valid if the ownership of the vehicle is
transferred to another who continues to use
the vehicle for purposes allowed under the
UHJLVWUDWLRQ
(b) The fee for registration of the vehicles
shall be the fee for registration of school vehi-
FOHVHVWDEOLVKHGXQGHU256DQGQR
RWKHUUHJLVWUDWLRQIHHVKDOOEHUHTXLUHG
(c) Any vehicle registered under this section
DQGQRWH[HPSWHGXQGHU256VKDOO
PHHW WKH UHTXLUHPHQWV IRU FHUWLÀFDWLRQ RI
compliance with pollution control under ORS

256RU
(2) Any vehicle registered under this sec-
WLRQDQGQRWH[HPSWHGXQGHU256
PXVWPHHWWKHUHTXLUHPHQWVIRUFHUWLÀFDWLRQ
of compliance with pollution control under ORS
>F†@
805.050 School buses and school activ-
ity vehicles; exceptions. (1) The Department
of Transportation shall provide for registration
of vehicles that qualify under this section in
DPDQQHUWKDWLVFRQVLVWHQWZLWKWKLVVHFWLRQ
$YHKLFOHTXDOLÀHVIRUUHJLVWUDWLRQXQGHUWKLV
section if the vehicle meets the following qual-
LÀFDWLRQVDQGLVQRWDYHKLFOHWKDWLVGHVFULEHG
(4) The department shall suspend or revoke
registration under this section if the depart-
PHQWGHWHUPLQHVWKDW
(a) A vehicle registered under this section
is being used for purposes other than those
UHTXLUHGIRUTXDOLÀFDWLRQIRUUHJLVWUDWLRQXQGHU
this section, and a trip permit as provided
XQGHU256KDVQRWEHHQREWDLQHG
(b) The vehicle does not comply with require-
PHQWVXQGHU256WR>
F†F†F†@
805.060 Law enforcement undercover
vehicles. (1) The Department of Transpor-
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ tation may issue registration plates or other
 D7KHYHKLFOHPXVWEHDPRWRUYHKLFOH evidence of registration from any regular
series rather than from any specially designed
 E([FHSWDVSURYLGHGXQGHU256
the vehicle must be used exclusively in trans-
porting students to or from any school or
authorized school activity or function, includ-
ing extracurricular activities, and to or from
SRLQWVGHVLJQDWHGE\DVFKRRO
(c) The vehicle must meet the requirements
IRUVFKRROEXVHVXQGHU256WR
RUDFWLYLW\YHKLFOHVXQGHU256DQG

(d) The vehicle may be owned, operated or
leased by the state, a city or county or any
other political subdivision or otherwise pro-
vided to such government body for purposes
described in this subsection or may be pri-
vately or otherwise owned and leased by or
Title 59 Page 98
government series for a vehicle operated by
DIHGHUDOVWDWHFRXQW\FLW\RU,QGLDQWULEDO
law enforcement, parole or probation agency in
discharging its undercover criminal investiga-
WLRQGXWLHVLIUHTXHVWHGWRGRVRE\WKHDJHQF\
The registration period for a vehicle described
under this section shall be the same as the reg-
ular registration period for the type of vehicle
UHJLVWHUHG7KHIHHIRUUHJLVWUDWLRQRUUHQHZDO
of registration of a vehicle under this section
shall be the fee established for registration or
renewal of police undercover vehicles under
256
(2) Any vehicle registered under this sec-
tion and not exempt from the requirements
WRFRPSO\ZLWKFHUWLÀFDWHVRIFRPSOLDQFHIRU
SROOXWLRQFRQWUROHTXLSPHQWE\256
(2015 Edition)
 63(&,$/5(*,675$7,213529,6,216  

must be certified as complying with the  D,VDGLVDEOHGYHWHUDQZKRVHGLVDELOLW\

requirements for pollution control equipment results from causes connected with service in
XQGHU256>F† the Armed Forces of the United States; and
F†F†F† (b) Has been a member of and discharged or
F†@ released under honorable conditions from the
805.070>F†UHSHDOHGE\ Armed Forces of the United States, and whose
F†@ service was for not less than 90 consecutive
805.080 Campers. ([FHSWZKHUHVSHFLÀF days or who was discharged or released on
provisions are made for campers, campers are account of a service-connected injury or illness
subject to the same provisions of the vehicle prior to the completion of the minimum period
RIVHUYLFH
code relating to registration, titling, transfer,
VDOHDQGGHDOHUUHJXODWLRQDVDQ\RWKHUYHKLFOH
 $SHUVRQTXDOLÀHVDVDGLVDEOHGYHW-
>F†@ eran under subsection (2) of this section if the
805.090 Nonfarm tractors. ([FHSW person presents a letter from the United States
ZKHUHVSHFLÀFSURYLVLRQVDUHPDGHIRUWUDF- Department of Veterans Affairs or any branch
of the Armed Forces of the United States cer-
tors described in this section, such tractors are
subject to the same provisions of the vehicle WLI\LQJWKDWWKHSHUVRQLVDGLVDEOHGYHWHUDQ
code relating to registration, titling, transfer, (4) Registration issued under this section
VDOHDQGGHDOHUUHJXODWLRQDVDPRWRUWUXFN LVYDOLGDVSURYLGHGLQ2567KHUHJ-
(2) This section applies to vehicles that istration period for vehicles registered under
would be farm tractors if used primarily this section exempts the registration from any
in agricultural operations and that are not requirement to be renewed or to make pay-
ZLWKLQ PHQWRIUHQHZDOIHHV+RZHYHULIDQ\RZQHU
ZRXOGEHUHTXLUHGWRFRPSO\ZLWK256
(a) The exemptions from registration for upon issuance or renewal of regular registra-
IDUPWUDFWRUVXQGHU256RU tion for the vehicle, the owner must comply
 E7KHFODVVLÀFDWLRQRIÀ[HGORDGYHKLFOH ZLWK256LQWKHVDPHPDQQHUDVIRU
>F†F†@ other vehicles or the department may suspend
the registration of the vehicle until the owner
805.092 Low-speed vehicles and medi- VXEPLWVSURRIRIFRPSOLDQFH
um-speed electric vehicles; rules. (1) The
Department of Transportation shall adopt, by (5) The department may suspend or revoke
rule, minimum safety standards for low-speed any registration issued under this section if
YHKLFOHVDQGPHGLXPVSHHGHOHFWULFYHKLFOHV the department determines that the vehicle is
RZQHGE\DSHUVRQQRWTXDOLÀHGIRUUHJLVWUDWLRQ
(2) The department may not issue registra- under this section or the vehicle is a kind not
tion to a low-speed vehicle or medium-speed TXDOLÀHGIRUUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
electric vehicle if the department has reason >F†F†F
to believe the vehicle does not meet the safety †F†F†@
VWDQGDUGVDGRSWHGSXUVXDQWWRWKLVVHFWLRQ
>F†F†@ 805.103 Congressional Medal of Honor
recipients; rules. (1) The Department of
Transportation shall provide for issuance of
PARTICULAR PERSONS registration plates for a motor vehicle regis-
WHUHGXQGHU256RUDLQD
805.100 Disabled veterans. ,QWKH manner consistent with this section, to motor
absence of just cause for refusal, the Depart- vehicle owners who qualify for the plates as
ment of Transportation shall provide for Congressional Medal of Honor recipients under
registration of any vehicle required to be reg- VXEVHFWLRQWKLVVHFWLRQ
istered by this state in a manner consistent
with this section for persons who qualify as (2) A person who is a Congressional Medal of
GLVDEOHGYHWHUDQVXQGHUWKLVVHFWLRQ7KHVSH- +RQRUUHFLSLHQWTXDOLÀHVIRUUHJLVWUDWLRQSODWHV
cial registration provisions under this section under this section if the person provides the
DUHVXEMHFWWRDOORIWKHIROORZLQJ GHSDUWPHQWZLWKDFHUWLÀFDWHIURPWKH8QLWHG
States Department of Veterans Affairs attest-
(a) The fee is the one-time registration fee ing to the person’s status as a Congressional
HVWDEOLVKHGE\256IRUYHKLFOHVUHJ- 0HGDORI+RQRUUHFLSLHQW
LVWHUHGXQGHUWKLVVHFWLRQ
(3) Registration plates issued under this
(b) The department may issue registrations section shall be considered customized regis-
for vehicles in a household under this section tration plates for purposes of the fee required
in a number equal to the number of persons in LQ2567KHGHSDUWPHQWPD\ZDLYH
the household who qualify as disabled veterans WKHIHHUHTXLUHGLQ256
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ
(4) The department may not issue regis-
(c) The department shall not register any tration plates for a motor vehicle under this
FRPPHUFLDOYHKLFOHXQGHUWKLVVHFWLRQ section if another motor vehicle owned by the
(2) A person is a disabled veteran who qual- applicant has been issued registration plates
LÀHVIRUUHJLVWUDWLRQRIDYHKLFOHXQGHUWKLV XQGHUWKLVVHFWLRQ
VHFWLRQLIWKHSHUVRQ (5) The registration plates issued under this
VHFWLRQVKDOO

Title 59 Page 99 (2015 Edition)

 OREGON VEHICLE CODE

(a) Be issued with a unique background DUPHGFRQÁLFWZKLOHVHUYLQJLQWKH$UPHG

design determined by the department; )RUFHVRIWKH8QLWHG6WDWHV7KHGHSDUWPHQW
 E%HLVVXHGZLWKDVSHFLÀFFRQÀJXUDWLRQ may only issue a veteran’s recognition registra-
as determined by the department; tion plate displaying a gold star decal and the
ZRUGV´*ROG6WDU)DPLO\µWRDSHUVRQZKRLVD
 F&RQWDLQWKHZRUGV´0HGDORI+RQRUµ parent, sibling, spouse or dependent of a person
(d) Contain the image of the Congressional who was killed in action during an armed con-
Medal of Honor; and ÁLFWZKLOHVHUYLQJLQWKH$UPHG)RUFHVRIWKH
8QLWHG6WDWHV
(e) Meet the requirements for registration
SODWHVXQGHU256  D,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
by law, upon issuance of a veterans’ recognition
 ,IWKHUHLVDWUDQVIHURILQWHUHVWLQWKH
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 registra-
WLRQSODWH7KH&RQJUHVVLRQDO0HGDORI+RQRU
recipient may retain the registration plate,
registration plate under this section and upon
renewal of registration for a vehicle that has
plates issued under this section, the depart-
PHQWVKDOOFROOHFWDVXUFKDUJHRISHU
plate for each year of the registration period for
WKHYHKLFOHDVGHVFULEHGXQGHU256
but the registration plate may not be placed on  E([FHSWDVRWKHUZLVHSURYLGHGLQSDUD-
any other motor vehicle unless the registration graph (c) of this subsection, net proceeds of the
plate is transferred as set forth in subsection surcharge collected by the department for the
RIWKLVVHFWLRQ veterans’ recognition registration plate shall
be deposited in the trust fund established
 ,IWKHPRWRUYHKLFOHRZQHUTXDOLÀHVIRU XQGHU256IRUSD\LQJWKHH[SHQVHV
the registration plates under subsection (2) RIRSHUDWLQJWKH2UHJRQ9HWHUDQV·+RPH
of this section, the department may transfer
registration plates issued under this section  F ,I WKH GHSDUWPHQW LVVXHV D YHWHUDQV·
to another motor vehicle registered under recognition registration plate that names,
256RUDDVVHWIRUWKLQ256

(8) The department shall cancel any regis-
tration 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
describes or represents a veterans’ group, that
veterans’ group may designate an account into
which the net proceeds of the surcharge col-
lected by the department under this section
DUHWREHGHSRVLWHG7KHGHSDUWPHQWVKDOONHHS
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 col-
UHJLVWHUHGXQGHU256RUD OHFWHGXQGHUWKLVVXEVHFWLRQLQWRWKHVSHFLÀHG
(9) The department may adopt rules neces- DFFRXQW
VDU\WRFDUU\RXWWKHSURYLVLRQVRIWKLVVHFWLRQ (d) Deposits under this subsection shall be
>F†F†@ PDGHTXDUWHUO\
 9HWHUDQV·UHFRJQLWLRQSODWHV*ROG  D,QFRQVXOWDWLRQZLWKWKH'HSDUWPHQW
Star Family plates; rules; surcharge; dis- of Transportation, the Director of Veterans’
SRVLWLRQRIPRQH\V7KH'HSDUWPHQWRI Affairs shall design the veterans’ recognition
Transportation shall establish a veterans’ UHJLVWUDWLRQSODWH
recognition registration plate program to issue
registration plates called “veterans’ recogni-  E,IWKHGHSDUWPHQWLVVXHVDYHWHUDQV·
WLRQUHJLVWUDWLRQSODWHVµXSRQUHTXHVWWRDQ recognition registration plate to recognize a
owner of any motor vehicle registered under veterans’ group, the department shall, in con-
256RUDLIWKHRZQHURIWKH sultation with the requesting veterans’ group,
PRWRUYHKLFOHTXDOLÀHVIRUWKHSODWHV5XOHV add words or a military-related decal to the
adopted under this section shall include, but veterans’ recognition registration plate that
QHHGQRWEHOLPLWHGWRUXOHVWKDW names, describes or represents the veterans’
JURXS
 D'HVFULEHJHQHUDOTXDOLÀFDWLRQVWREHPHW
by any veterans’ group in order to be eligible
for a veterans’ recognition registration plate
LVVXHGXQGHUWKLVVHFWLRQ
(b) Specify circumstances under which the
department may cease to issue veterans’ rec-
RJQLWLRQUHJLVWUDWLRQSODWHV
(c) The department shall add a gold star
GHFDODQGWKHZRUGV´*ROG6WDU)DPLO\µWRD
veterans’ recognition registration plate back-
ground to recognize surviving family members
of persons killed in action during an armed
FRQÁLFWZKLOHVHUYLQJLQWKH$UPHG)RUFHVRI
WKH8QLWHG6WDWHV
(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’
$IIDLUV
(d) Specify what constitutes proof that
a person is a surviving family member of a
person who was killed in action during an
Title 59 Page 100
 G([FHSWDVRWKHUZLVHUHTXLUHGE\WKH
design, veterans’ recognition registration
plates must comply with the requirements of
256
(4) The department shall determine how
many sets of veterans’ recognition registration
SODWHVZLOOEHPDQXIDFWXUHG,IWKHGHSDUW-
ment does not sell or issue renewal for 500
(2015 Edition)
 63(&,$/5(*,675$7,213529,6,216
sets of veterans’ recognition registration plates
in any one year, the department shall cease
production of veterans’ recognition registra-
WLRQSODWHV)RUWKHSXUSRVHVRIWKLVVHFWLRQ
veterans’ recognition registration plates that
name, describe or represent a veterans’ group
are included in the total number of veterans’
UHFRJQLWLRQUHJLVWUDWLRQSODWHVLVVXHG
(5) For the purposes of this section, “sib-
OLQJµLQFOXGHVVLEOLQJVRIWKHZKROHRUKDOIEORRG
and siblings by adoption, marriage or domestic
SDUWQHUVKLS>F†F†@
805.106 Funding for veterans’ recogni-
tion plate costs. (1) The Director of Veterans’
Affairs shall pay to the Department of Trans-
portation all of the department’s anticipated
costs of issuance of the veterans’ recognition
registration plate from grants, donations and
gifts accepted by the Department of Veter-
DQV·$IIDLUVXQGHU256WKDWPD\EH
expended for the purpose of issuance of a vet-
HUDQV·UHFRJQLWLRQUHJLVWUDWLRQSODWH
 
(c) The department shall not register any
commercial vehicle under this section or any
motor vehicle with a loaded weight in excess
RISRXQGV
(2) A person is a former prisoner of war who
TXDOLÀHVIRUUHJLVWUDWLRQRIDYHKLFOHXQGHU
this section if the person, while serving in
the active military, naval or air service of the
United States or any of its Allies, was forcibly
GHWDLQHGRULQWHUQHGLQOLQHRIGXW\
(a) By an enemy government or its agents,
or a hostile force, during a period of war; or
(b) By a foreign government or its agents,
or a hostile force during a period other than a
period of war in which such person was held
under circumstances which the department
ÀQGVWRKDYHEHHQFRPSDUDEOHWRWKHFLUFXP-
stances under which persons have generally
been forcibly detained or interned by enemy
JRYHUQPHQWVGXULQJSHULRGVRIZDU
(3) The surviving spouse of a former pris-
oner of war who was issued registration under
 ,IDYHWHUDQV·JURXSUHTXHVWVLVVXDQFH
of a veterans’ recognition registration plate
XQGHU256WKHJURXSVKDOOSD\WR
the department all of the department’s antic-
ipated costs of issuing a veterans’ recognition
registration plate that names, describes or
UHSUHVHQWVWKHJURXS7KHGHSDUWPHQWPD\
not begin creating or issuing the plates until
WKHDQWLFLSDWHGFRVWVDUHSDLG)RUSXUSRVHVRI
this section, costs of issuing a veterans’ recog-
nition registration plate that names, describes
or represents a veterans’ group include, but are
not limited to, computer programming costs
DQGYHQGRUVHWXSIHHV>F†
this section may, upon the death of the former
prisoner of war, continue to use the registration
plates on a motor vehicle or may keep the plates
DVDPHPHQWR
(4) The department may suspend or revoke
any registration issued under this section if
the department determines that the vehicle is
RZQHGE\DSHUVRQQRWTXDOLÀHGIRUUHJLVWUDWLRQ
under this section or the vehicle is a kind not
TXDOLÀHGIRUUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
>F†F†F†
F†F†F†@
805.115 Active members of Oregon
F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
805.107 Disposition of certain plates
issued to veterans. The surviving spouse of
a veteran who was issued registration plates
XQGHU256PD\XSRQWKHGHDWKRIWKH
veteran, continue to use the plates on a motor
National Guard. ,QWKHDEVHQFHRIMXVW
cause for refusal, the Department of Trans-
portation shall provide for registration in a
manner consistent with this section for persons
who qualify under this section as active mem-
EHUVRIWKH2UHJRQ1DWLRQDO*XDUG7KHVSHFLDO
registration provisions under this section are
VXEMHFWWRWKHIROORZLQJ
(a) The fee to register or renew registration
under this section shall be the regular regis-
WUDWLRQIHHIRUWKHYHKLFOH
(b) Any motor vehicle registered under ORS
YHKLFOHRUPD\NHHSWKHSODWHVDVDPHPHQWR
>)RUPHUO\@
805.110 Former prisoners of war. (1)
,QWKHDEVHQFHRIMXVWFDXVHIRUUHIXVDOWKH
Department of Transportation shall provide for
registration of any motor vehicle required to
be registered by this state in a manner consis-
tent with this section for persons who qualify
DVIRUPHUSULVRQHUVRIZDUXQGHUWKLVVHFWLRQ
The special registration provisions under this
VHFWLRQDUHVXEMHFWWRDOORIWKHIROORZLQJ this section if the department determines that
(a) The fee to register or renew registration
under this section shall be the regular regis-
WUDWLRQIHHIRUWKHYHKLFOH
(b) The department shall not register a
motor vehicle under this section if another
vehicle owned by the applicant or a member of
the applicant’s household has been registered
XQGHUWKLVVHFWLRQ
Title 59 Page 101
DQGFDQGGPD\EHUHJLV-
WHUHGXQGHUWKLVVHFWLRQ
(2) A person is eligible for registration under
WKLVVHFWLRQLIWKHSHUVRQLVLVVXHGDFHUWLÀFDWH
by the Oregon Military Department certify-
ing that the person is an active member of the
2UHJRQ1DWLRQDO*XDUG
(3) The department may suspend, revoke or
refuse to renew any registration issued under
WKHYHKLFOHLVRZQHGE\DSHUVRQQRWTXDOLÀHG
for registration under this section or that the
vehicle is not eligible for registration under
WKLVVHFWLRQ
(4) The Oregon Military Department shall
notify the Department of Transportation
ZLWKLQGD\VLIDSHUVRQLVVXHGDFHUWLÀ-
cate described in subsection (2) of this section
(2015 Edition)
 OREGON VEHICLE CODE

ceases to be an active member of the Oregon prohibitions and penalties applicable to sim-
1DWLRQDO*XDUG>F†F ilar vehicles otherwise registered under the
†F†@ YHKLFOHFRGH
805.117 Honorary consuls; rules. (1)  7KHIROORZLQJDSSO\WRÁHHWVUHJLVWHUHG
$VXVHGLQWKLVVHFWLRQ´KRQRUDU\FRQVXOµ XQGHUWKLVVHFWLRQ
means a resident of Oregon who has been duly
appointed by a foreign country as an honorary
FRQVXODURIÀFHUWRWKH8QLWHG6WDWHVSXUVX-
ant to the Vienna Convention on Consular
5HODWLRQV
 D7KHUHJLVWHUHGRZQHURIWKHÁHHWPXVW
maintain the number of vehicles registered
LQWKHÁHHWWKDWWKH'HSDUWPHQWRI7UDQVSRU-
tation determines by rule to be required for
SDUWLFLSDWLRQLQWKHÁHHWUHJLVWUDWLRQSURJUDP
(2) Upon application by an honorary consul
ZKRTXDOLÀHVXQGHUWKLVVHFWLRQWKH'HSDUW-
ment of Transportation shall issue consular
corps registration plates for use on the motor
YHKLFOHRIWKHKRQRUDU\FRQVXO5HJLVWUDWLRQ
plates issued under this section may be dis-
played on the vehicle of the honorary consul in
lieu of regular registration plates issued under
WKHYHKLFOHFRGH
(3) The following apply to registration plates
LVVXHGXQGHUWKLVVHFWLRQ appropriate fees, shall issue to the regis-
(a) The plates shall be considered custom-
ized plates for purposes of the fee in ORS

 E)OHHWUHJLVWUDWLRQRUUHQHZDORIÁHHWUHJ-
istration under this section may be annual or
biennial registration as determined by the
GHSDUWPHQWE\UXOH
(c) The registration of individual vehicles in
DÁHHWUHJLVWHUHGXQGHUWKLVVHFWLRQGRHVQRW
H[SLUHDVORQJDVWKHÁHHWUHJLVWUDWLRQLVYDOLG
(d) The department shall assign identi-
ÀFDWLRQ WR WKH ÁHHW DQG XSRQ SD\PHQW RI
WHUHGRZQHURIWKHÁHHWSHUPDQHQWÁHHWWDJV
VWLFNHUV SODWHV RU RWKHU LGHQWLÀFDWLRQ WKH
department determines appropriate for the
vehicles that the owner and the department
 E7KHSODWHVVKDOOEHDVVLJQHGWRDVSHFLÀF
YHKLFOH
(c) The plates may not be transferable from
vehicle to vehicle, except as provided by the
GHSDUWPHQWE\UXOH
(d) The plates shall be valid for the term
LQZKLFKWKHSHUVRQLVDFWLQJLQWKHRIÀFLDO
capacity of honorary consul for a foreign con-
VXODWH,IWKHWHUPRIKRQRUDU\FRQVXOFRQWLQXHV
into a new registration period, the department
may provide for validation of the plates for the
subsequent term by means of a sticker or by
any other means the department determines
FRQYHQLHQW
(e) The person to whom the plates are issued
PD\UHWDLQWKHSODWHVDIWHUWKHRIÀFLDOWHUP
of honorary consul is over, but the plates may
not be valid if displayed on any vehicle when
KDYHDJUHHGWRSODFHLQWKHÁHHW7KHGHSDUW-
ment may establish the use of any appropriate
IRUPRILGHQWLÀFDWLRQXQGHUWKLVSDUDJUDSKDV
the department determines convenient for its
RZQRSHUDWLRQ
(e) The tags, stickers, plates or other appro-
SULDWHLGHQWLÀFDWLRQLVVXHGXQGHUWKLVVHFWLRQ
shall be displayed on any vehicle to which it
KDVEHHQDVVLJQHGE\WKHGHSDUWPHQW
(f) Registration cards issued by the depart-
ment for vehicles registered under this section
are only required to individually describe the
YHKLFOHVLQWKHÁHHWWRWKHH[WHQWWKHGHSDUW-
ment determines necessary and to identify the
ÁHHWLQZKLFKWKHYHKLFOHVDUHUHJLVWHUHG
(g) Application for registration under this
section shall be in the manner determined by
WKHGHSDUWPHQWE\UXOH
the term of honorary consul has ended and the
person is no longer appointed as an honorary
FRQVXO
(4) To qualify for consular corps registration
plates, the person must provide the depart-
ment with proof that the person is appointed
by a government as an honorary consul and is
 K7KHÁHHWRZQHUVKDOOPDLQWDLQUHFRUGV
and provide information to the department as
required by the department by rule and shall
allow the department to audit the records of
the owner and conduct inspections at any rea-
sonable time to determine compliance with
UHTXLUHPHQWVIRUÁHHWUHJLVWUDWLRQ
DFWLQJLQWKDWFDSDFLW\  L9HKLFOHVVKDOOEHDGGHGWRWKHÁHHWDQG
(5) The department shall adopt rules neces- WUDQVIHUUHGIURPWKHÁHHWDFFRUGLQJWRSURFH-
VDU\WRFDUU\RXWWKHSXUSRVHVRIWKLVVHFWLRQ GXUHVHVWDEOLVKHGE\WKHGHSDUWPHQWE\UXOH
>F†@  M7KHYHKLFOHVLQWKHÁHHWVKDOOEHPDUNHG
in compliance with any requirement for vehicle
FLEETS markings the department determines neces-
VDU\IRULGHQWLÀFDWLRQRIÁHHWYHKLFOHV
  (IIHFW RI ÁHHW UHJLVWUDWLRQ
requirements; rules. 7KHRZQHURIDÁHHW
of vehicles may register the vehicles under this
VHFWLRQDVDÁHHWLQOLHXRIUHJLVWHULQJWKHYHKL-
FOHVLQGLYLGXDOO\
(k) The department may adjust fee payments
and registration periods for individual vehicles
DGGHGWRDÁHHWUHJLVWHUHGXQGHUWKLVVHFWLRQ
as the department determines necessary for
DGPLQLVWUDWLRQRIWKHÁHHWUHJLVWUDWLRQ
 ([FHSWDVRWKHUZLVHSURYLGHGXQGHUWKLV
VHFWLRQYHKLFOHVUHJLVWHUHGLQDÁHHWXQGHU  /7KHIHHVIRUDÁHHWUHJLVWHUHGXQGHUWKLV
this section are subject to the same taxes, section are the same as the fees required if the
IHHVTXDOLÀFDWLRQVSURYLVLRQVFRQGLWLRQV

Title 59 Page 102 (2015 Edition)

 63(&,$/5(*,675$7,213529,6,216
YHKLFOHVLQWKHÁHHWDUHLQGLYLGXDOO\UHJLVWHUHG
XQGHUWKHYHKLFOHFRGH
(m) The department may charge a service
FKDUJHIRUHDFKYHKLFOHHQWHUHGLQWRDÁHHWDQG
DÁHHWYHKLFOHUHQHZDOFKDUJHIRUHDFKYHKL-
FOHLQWKHÁHHWDWWKHWLPHRIUHQHZDO)HHV
described in this paragraph are established
XQGHU256
(n) The department may schedule the time
IRUSD\PHQWRIÁHHWUHJLVWUDWLRQIHHVLQDQ\
manner convenient to the department or the
ÁHHWRZQHU
 
The rules may include any rules that increase
the convenience of administration or the con-
venience of the registration process under this
VHFWLRQ>F†F†
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805.130>F†F†
UHSHDOHGE\F†@
805.140>F†F†
F†F†F†
UHSHDOHGE\F†@
805.150>F†F†
 R7KHÁHHWRZQHUVKDOOFRPSO\ZLWKDQ\
rules the department establishes for the regis-
WUDWLRQRIYHKLFOHVLQÁHHWVXQGHUWKLVVHFWLRQ
(p) The department shall cancel any regis-
tration under this section if the department
determines that the owner of the vehicles reg-
istered is not complying with any requirements
IRUÁHHWUHJLVWUDWLRQHVWDEOLVKHGXQGHUWKLV
VHFWLRQRUE\WKHGHSDUWPHQW
F†F†UHSHDOHGE\
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SPECIAL INDICIA OF REGISTRATION
(Generally)
805.200 Plates and other devices with
special designs; rules. (1) The Department
RI7UDQVSRUWDWLRQE\UXOH
 T$ÁHHWRZQHUPD\FHUWLI\FRPSOLDQFH
with pollution control requirements under
256LQWKHPDQQHUSURYLGHGXQGHU
256IRUYHKLFOHVUHJLVWHUHGXQGHUWKLV
VHFWLRQ
(r) The department shall establish proce-
dures for the reporting of odometer disclosures
IRUWKHYHKLFOHVLQWKHÁHHWRQDUHJXODUEDVLV
and for vehicles that are withdrawn from the
ÁHHWLIRGRPHWHUGLVFORVXUHVDUHRWKHUZLVH
UHTXLUHG7KHUHSRUWVVKDOOSURYLGHDQ\LQIRU-
mation the department determines by rule to
EHQHFHVVDU\7KHGHSDUWPHQWPD\HVWDEOLVK
any reporting time the department considers
convenient, but shall attempt to establish
periods with a frequency roughly equivalent
WRWKRVHIRUUHQHZDORIYHKLFOHUHJLVWUDWLRQ7KH
department shall retain the odometer informa-
tion submitted under this section but need not
SULQWLWRQFHUWLÀFDWHVRIWLWOHRUUHJLVWUDWLRQ
FDUGV
(a) Shall design plates, stickers, plate
and sticker combinations or other devices or
indicia that distinguish government-owned
vehicles registered under the provisions of ORS
IURPRWKHUYHKLFOHV
(b) May design plates, stickers, plate and
sticker combinations or other devices or indicia
for distinguishing vehicles registered under
VSHFLÀFSURYLVLRQVRIWKH2UHJRQ9HKLFOH&RGH
RWKHUWKDQ256RU
Plates designed under this paragraph shall
FRPSO\ZLWKWKHUHTXLUHPHQWVRI256
The fees for plates or indicia described in this
SDUDJUDSKDUHSURYLGHGXQGHU256
(2) Unless otherwise provided by statute or
by rule of the department, indicia of registra-
tion that distinguish one kind of registration
from another may not be transferred unless
WKHQHZRZQHURIWKHYHKLFOHTXDOLÀHVIRUWKDW
VSHFLÀFNLQGRIUHJLVWUDWLRQ
 $ÁHHWRZQHUPD\UHTXHVWWKDWWKHUHJLV-
WUDWLRQRIDOOYHKLFOHVLQWKHÁHHWH[SLUHLQWKH
VDPHPRQWK1RWZLWKVWDQGLQJ256
or any other provision of this section, if such
DUHTXHVWLVPDGHWKHGHSDUWPHQWVKDOO or the vehicle is no longer eligible for the par-
(a) Adjust the registration expiration date
RIDOOYHKLFOHVLQWKHÁHHW
(b) When a vehicle that is already registered
LQWKLVVWDWHLVDGGHGWRWKHÁHHWDGMXVWWKH
registration expiration date of the vehicle to
FRUUHVSRQGWRWKDWRIRWKHUYHKLFOHVLQWKHÁHHW
(c) When a vehicle that has never before
been registered in this state is added to the
ÁHHWDVVLJQDUHJLVWUDWLRQH[SLUDWLRQGDWHWR
the vehicle that corresponds to that of other
YHKLFOHVLQWKHÁHHW
(3) The department may adopt rules concern-
ing the disposition of plates, stickers, devices
or other indicia of registration upon transfer
of ownership of the vehicle or when the owner
WLFXODULQGLFLD7KHGHSDUWPHQWPD\FDQFHORU
revoke registration for failure to comply with
UXOHVDGRSWHGXQGHUWKLVVHFWLRQ>F
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805.205 Special plates for certain
groups; rules; surcharge; disposition of
(5) When the department adjusts or assigns
registration expiration dates in accordance
with subsection (4) of this section, the depart-
ment shall prorate all registration fees to
UHÁHFWWKHDGMXVWPHQWRUDVVLJQPHQW
moneys. ([FHSWDVSURYLGHGLQVXEVHF-
tion (7) of this section, the Department of
Transportation shall provide for issuance of
registration plates described in this section
IRUQRQSURÀWJURXSVPHHWLQJWKHTXDOLÀFDWLRQV
for tax exempt status under section 501(c)(3)
 7KHGHSDUWPHQWVKDOODGRSWUXOHVQHF- RIWKH,QWHUQDO5HYHQXH&RGHDQGIRULQVWLWX-
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Title 59 Page 103 (2015 Edition)

 OREGON VEHICLE CODE

this section may be issued to owners of motor shall determine how many sets of plates shall
vehicles registered under the provisions of ORS be manufactured for each group approved
3ODWHVLVVXHGXQGHUWKLVVHFWLRQ XQGHUWKLVVHFWLRQ,IWKHGHSDUWPHQWGRHVQRW
may not contain expressions of political opinion sell or issue renewal for 500 sets of plates for a
RUUHOLJLRXVEHOLHI5XOHVDGRSWHGXQGHUWKLV particular group in any one year, the depart-
section shall include, but need not be limited PHQWVKDOOFHDVHSURGXFWLRQRIWKRVHSODWHV
WRUXOHVWKDW  ([FHSWDVRWKHUZLVHSURYLGHGLQVXE-
(a) Specify circumstances under which the
department may cease to issue plates for any
SDUWLFXODUJURXS
(b) Require each group for which plates are
LVVXHGWRÀOHDQDQQXDOVWDWHPHQWRQDIRUP
designed by the department showing that the
JURXSLVDQRQSURÀWJURXSRULVDQLQVWLWX-
tion of higher education and that the group
RULQVWLWXWLRQRWKHUZLVHPHHWVWKHTXDOLÀFD-
tions imposed for eligibility for plates issued
XQGHUWKLVVHFWLRQ7KHVWDWHPHQWVKDOOLQFOXGH
names and addresses of current directors or
RIÀFHUVRIWKHJURXSRULQVWLWXWLRQRURIRWKHU
persons authorized to speak for the group or
institution on matters affecting plates issued
XQGHUWKLVVHFWLRQ
VHFWLRQRIWKLVVHFWLRQHDFKJURXSWKDW
is found by the department to be eligible for
plates issued under this section may desig-
nate an account into which the net proceeds
of the surcharge collected by the department
under subsection (2) of this section are to be
GHSRVLWHG7KHGHSDUWPHQWVKDOONHHSDFFXUDWH
records of the number of plates issued for each
JURXSWKDWTXDOLÀHV$IWHUSD\PHQWRIDGPLQ-
istrative expenses of the department, moneys
collected under this section for each group
shall be deposited by the department into an
DFFRXQWVSHFLÀHGE\WKDWJURXS,IDQ\JURXS
does not specify an account for the moneys col-
lected from the sale of plates issued under this
section, the department shall deposit moneys
collected for those plates into the Passenger
 D([FHSWDVRWKHUZLVHSURYLGHGLQSDUD-
graphs (b) and (c) of this subsection, in addition
to any other fee authorized by law, upon issu-
ance of a plate under this section and upon
renewal of registration for a vehicle that has
Rail Transportation Account established under
256WREHXVHGDVRWKHUPRQH\VLQWKH
DFFRXQWDUHXVHG'HSRVLWVXQGHUWKLVVXEVHF-
WLRQVKDOOEHPDGHDWOHDVWTXDUWHUO\
plates issued under this section, the depart-
ment shall collect a surcharge for each year
RIWKHUHJLVWUDWLRQSHULRG7KHVXUFKDUJHVKDOO
be determined by the department by rule and
PD\QRWEHOHVVWKDQSHUSODWHRUPRUH
WKDQSHUSODWH,QVHWWLQJWKHDPRXQWRI
the surcharge, the department shall consult
ZLWKWKHQRQSURÀWJURXSIRUZKLFKWKHSODWHV
DUHLVVXHG
 D(DFKLQVWLWXWLRQRIKLJKHUHGXFDWLRQ
that requests a plate under this section shall
designate an account in the general fund of the
institution, and the proceeds in the account
shall be used for the purpose of academic
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(b) Net proceeds of the surcharge collected
by the department for Share the Road registra-
tion plates shall be deposited into two accounts
 E,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
by law, upon issuance of a plate under this
section that recognizes an institution of higher
education in this state, and upon renewal of
registration for a vehicle that has such plates,
the department shall collect a surcharge of
$8 per plate for each year of the registration
SHULRG
designated by the Bicycle Transportation
$OOLDQFHDQG&\FOH2UHJRQ7KHGHSDUWPHQW
shall evenly distribute the net proceeds to each
DFFRXQW'HSRVLWVXQGHUWKLVSDUDJUDSKVKDOO
EHPDGHDWOHDVWTXDUWHUO\$WDQ\WLPHWKDW
the department determines that the accounts
designated by the Bicycle Transportation
Alliance and Cycle Oregon cease to exist, the
department may deposit the proceeds into the
 F,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG Passenger Rail Transportation Account estab-
by law, upon issuance of a Share the Road reg- OLVKHGXQGHU256
istration plate the department shall collect a
VXUFKDUJHRISHU\HDURIUHJLVWUDWLRQ (c) Net proceeds of the surcharge collected
E\WKHGHSDUWPHQWIRU.HHS.LGV6DIHUHJ-
(3) Plates issued under this section shall be istration plates shall be deposited into an
from the current regular issue of plates except account designated by the Children’s Trust
WKDW Fund of Oregon Foundation to fund strat-
 D,IWKHJURXSUHTXHVWLQJWKHSODWHVLV
an institution of higher education, the plates
shall, upon request, contain words that indi-
cate the plates are issued to recognize the
institution or shall contain the institution’s
logo or an image of the institution’s mascot; or
egies and approaches shown to prevent or
UHGXFHFKLOGDEXVH'HSRVLWVPDGHXQGHUWKLV
SDUDJUDSKVKDOOEHPDGHDWOHDVWTXDUWHUO\
At any time that the department determines
that the account designated by the Children’s
Trust Fund of Oregon Foundation ceases to
exist, the department shall deposit the pro-
 E,IWKHJURXSUHTXHVWLQJWKHSODWHVLVD
JURXSWKDWUHFRJQL]HVIDOOHQSXEOLFVDIHW\RIÀ-
cers, the plates shall, upon request, contain a
decal that indicates the plates are issued to
UHFRJQL]HIDOOHQSXEOLFVDIHW\RIÀFHUV
FHHGVLQWRWKH.HHS.LGV6DIH5HJLVWUDWLRQ
3ODWH$FFRXQWHVWDEOLVKHGLQ256
$WWKHEHJLQQLQJRIHDFKELHQQLXPWKH(DUO\
Learning Council shall evenly distribute the
PRQH\VLQWKH.HHS.LGV6DIH5HJLVWUDWLRQ
 ([FHSWDVRWKHUZLVHUHTXLUHGE\WKH Plate Account to the counties in this state,
design chosen, the plates shall comply with the XQWLOHDFKFRXQW\UHFHLYHV$IWHUHDFK
UHTXLUHPHQWVRI2567KHGHSDUWPHQW county has received $1,000, the council shall
distribute any remaining moneys to each

Title 59 Page 104 (2015 Edition)

 63(&,$/5(*,675$7,213529,6,216
county in an amount equal to the percentage
RI.HHS.LGV6DIHUHJLVWUDWLRQSODWHVVROGLQ
WKDWFRXQW\(DFKFRXQW\VKDOOXVHWKHPRQH\V
received under this paragraph solely for the
purpose of funding strategies and approaches
VKRZQWRSUHYHQWRUUHGXFHFKLOGDEXVH
(7) The department may not accept applica-
tions to create new group registration plates
RQRUDIWHU$XJXVW>F†
 
(a) The plates shall be issued by the State
RI2UHJRQIRUXVHRQYHKLFOHVLQWKLVVWDWH
(b) The numbers and characters on the plate
VKDOOEHGLVWLQFWLYH
(c) The plates shall be legible, durable and
otherwise of a size, shape, color and design
that will serve the purposes of safety and
LGHQWLÀFDWLRQ
F†F†F†  G,IWKHSODWHVDUHIURPDVHULHVRISODWHVLQ
F†F†F† current use, the plates shall be from the same
F†F†F† year or period of issue in which the vehicle was
F††DF†@ PDQXIDFWXUHG
Note6HFWLRQFKDSWHU2UHJRQ/DZV  ,IWKHVSHFLDOLQWHUHVWUHJLVWUDWLRQSODWH
SURYLGHV offered for approval was issued in a year in
which single registration plates only were
 6HF  $ SHUVRQ ZLWK D PRWRU KRPH RU required, the department shall grant permis-
travel trailer that has registration plates sion for use of that registration plate alone if
LVVXHGXQGHU256 LWLVRWKHUZLVHDFFHSWDEOH
RUSULRUWRWKHHIIHFWLYHGDWHRIWKLV
$FW>-DQXDU\@PD\UHQHZWKH  ,IWKHVSHFLDOLQWHUHVWUHJLVWUDWLRQSODWHV
SODWHV7KHSHUVRQPD\WUDQVIHUWKHSODWHVRQO\ offered for approval are from a series of plates
if the person requests that the plates be issued in current use, as described in subsection (2)
as customized registration plates under ORS
>F†@
805.206>F†F†
F†UHSHDOHGE\F†@
805.207 Keep Kids Safe Registration
Plate Account. 7KH.HHS.LGV6DIH5HJLV-
tration Plate Account is established within
WKH(DUO\/HDUQLQJ'LYLVLRQ)XQG$OOPRQH\V
UHFHLYHGE\WKH(DUO\/HDUQLQJ&RXQFLOIURP
WKHVDOHRI.HHS.LGV6DIHUHJLVWUDWLRQSODWHV
shall be deposited into the account and are
continuously appropriated to the council to
be distributed to counties as provided in ORS
>F†EF†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
805.208 > F †  F †
UHQXPEHUHGLQ@
805.210 Special interest vehicle plates.
(1) The owner of a vehicle of special interest
may apply to the Department of Transportation
for permission to use special interest registra-
WLRQSODWHV7RUHFHLYHSHUPLVVLRQWRXVHVSHFLDO
LQWHUHVWUHJLVWUDWLRQSODWHVWKHSHUVRQPXVW
GRIWKLVVHFWLRQWKHGHSDUWPHQWPD\DIÀ[D
distinctive sticker to each plate at the time of
DSSURYDO6WLFNHUVVKDOOEHRIDVL]HFRORUDQG
design determined by the department and shall
be displayed on plates in the manner deter-
PLQHGE\WKHGHSDUWPHQW
(5) The department may approve plates
issued by the state that have been restored to
their original color and design provided that
LIWKHSODWHZDVUHÁHFWRUL]HGZKHQRULJLQDOO\
LVVXHGLWPXVWEHIXOO\UHÁHFWRUL]HGZKHQ
UHVWRUHG>F†F†
F†F†F†@
 (OHFWHGRIÀFLDOSODWHVTXDOLÀ-
cations; fee; rules. (1) Upon application by an
HOHFWHGRIÀFLDOZKRTXDOLÀHVXQGHUWKLVVHFWLRQ
the Department of Transportation shall issue
registration plates described under this section
WRWKHRIÀFLDOIRUXVHRQWKHPRWRUYHKLFOHRI
WKHSHUVRQ5HJLVWUDWLRQSODWHVLVVXHGXQGHU
this section may be displayed on the vehicle of
the person in lieu of regular registration plates
LVVXHGXQGHUWKHYHKLFOHFRGH
(2) The following apply to registration plates
LVVXHGXQGHUWKLVVHFWLRQ
(a) The plates shall be considered custom-
ized plates for purposes of the fee in ORS

(a) Maintain the vehicle of special interest
as a collectors’ item and use the vehicle only
for exhibitions, parades, club activities and
similar uses but not use the vehicle primarily
for the transportation of persons or property;
(b) Supply the special interest registration
plates which the person desires to use; and
 E7KHSODWHVVKDOOEHDVVLJQHGWRDVSHFLÀF
YHKLFOH
(c) The plates shall be issued in addition to
regular registration plates issued for a vehicle
DWWKHRSWLRQRIWKHDSSOLFDQW
(d) The plates shall not be transferable from
vehicle to vehicle except as provided by the
GHSDUWPHQWE\UXOH
 F,QFOXGHWKHSODWHVZLWKWKHDSSOLFDWLRQ
IRUSHUPLVVLRQWRXVHWKHP (e) The plates shall be valid for the term of
RIÀFHRIWKHTXDOLI\LQJRIÀFLDO,IWKHSHUVRQ
(2) The department, prior to approval of an LVHOHFWHGWRDVXEVHTXHQWWHUPRIRIÀFHWKH
application under this section, shall determine department may provide for validation of the
that the special interest registration plates plate for the subsequent term by means of a
PHHWWKHIROORZLQJUHTXLUHPHQWV sticker or by any other means the department
GHWHUPLQHVFRQYHQLHQW

Title 59 Page 105 (2015 Edition)

 OREGON VEHICLE CODE

(f) The person to whom the plates are issued SHUVRQVDXWKRUL]HGWRVSHDNIRUWKHQRQSURÀW

may retain the plates after the person’s term group, institution of higher education or public
RIRIÀFHEXWWKHSODWHVVKDOOQRWEHYDOLGLI body on matters affecting plates issued under
displayed on any vehicle while the person is WKLVVHFWLRQ
QRWKROGLQJWKHRIÀFHIRUZKLFKWKHSODWHVZHUH  G6SHFLI\WKHPDQQHULQZKLFKDQRQSURÀW
LVVXHG group, institution of higher education or public
 2QO\WKHIROORZLQJHOHFWHGRIÀFLDOVTXDO- ERG\PD\DSSO\IRUDVSHFLDOUHJLVWUDWLRQSODWH
ify for issuance of registration plates under this  ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HGE\
VHFWLRQ law, for each set of special registration plates
 D7KH6HFUHWDU\RI6WDWH issued pursuant to this section, the department
 E7KH6WDWH7UHDVXUHU
(c) Members of the Oregon Legislative
$VVHPEO\
(d) Members of the Oregon Congressional
shall collect a surcharge of $40 payable when
the plates are issued and upon each subsequent
renewal of registration of a vehicle bearing
WKHSODWHV7KHGHSDUWPHQWVKDOOGLVWULEXWH
the moneys from the surcharge as provided
'HOHJDWLRQ LQVXEVHFWLRQRIWKLVVHFWLRQ
(4) Nothing in this section applies to or
affects the authority of the department to
issue distinctive registration plates on vehi-
cles owned by this state that are provided for
XVHRIWKH*RYHUQRU
(5) The department shall adopt rules neces-
VDU\WRFDUU\RXWWKHSXUSRVHVRIWKLVVHFWLRQ
>F†F†@
805.222 Special registration program;
rules. (1) The Department of Transportation
shall establish a special registration program
and provide for issuance of special registration
SODWHVIRUQRQSURÀWJURXSVPHHWLQJWKHTXDO-
LÀFDWLRQVIRUWD[H[HPSWVWDWXVXQGHUVHFWLRQ
 7KHGHSDUWPHQWLQFRQVXOWDWLRQZLWK
WKHQRQSURÀWJURXSLQVWLWXWLRQRIKLJKHUHGX-
cation or public body requesting the special
registration plate, shall develop a unique
GHVLJQIRUHDFKSODWHLVVXHGXQGHUWKLVVHFWLRQ
Any design must comply with requirements
GHVFULEHGXQGHU256
(7) The department shall determine how
many sets of plates shall be manufactured for
HDFKSODWHDSSURYHGXQGHUWKLVVHFWLRQ,IWKH
department does not issue 2,000 sets of plates
IRUDSDUWLFXODUQRQSURÀWJURXSLQVWLWXWLRQRI
higher education or public body in any one year,
the department shall cease production of those
SODWHV
FRIWKH,QWHUQDO5HYHQXH&RGHIRU
institutions of higher education and for public
ERGLHVDVGHÀQHGLQ256
(2) Plates issued under this section may be
issued to owners of motor vehicles registered
  (DFK QRQSURÀW JURXS LQVWLWXWLRQ RI
higher education or public body that is found by
the department to be eligible for plates issued
under this section may designate an account
into which the net proceeds of the surcharge
XQGHUWKHSURYLVLRQVRI256,Q collected by the department under subsection
addition, the department may adopt rules for RIWKLVVHFWLRQDUHWREHGHSRVLWHG7KH
issuance of special registration plates issued department shall keep accurate records of
pursuant to this section for vehicles not reg- WKHQXPEHURISODWHVLVVXHGIRUHDFKQRQSURÀW
LVWHUHGXQGHU256 group, institution of higher education or public
(3) Plates issued under this section may not ERG\WKDWTXDOLÀHV$IWHUSD\PHQWRIDGPLQ-
contain expressions of political opinion or reli- istrative expenses of the department, moneys
JLRXVEHOLHI FROOHFWHGXQGHUWKLVVHFWLRQIRUDQRQSURÀW
group, institution of higher education or public
(4) Rules adopted under this section shall body shall be deposited by the department into
LQFOXGHEXWQHHGQRWEHOLPLWHGWRUXOHVWKDW DQDFFRXQWVSHFLÀHGE\WKDWQRQSURÀWJURXS
 D'HVFULEHJHQHUDOTXDOLÀFDWLRQVWREHPHW
E\DQ\QRQSURÀWJURXSLQVWLWXWLRQRIKLJKHU
education or public body in order to be eligible
IRUSODWHVLVVXHGXQGHUWKLVVHFWLRQ
(b) Specify circumstances under which the
department may cease to issue plates under
WKLVVHFWLRQ
LQVWLWXWLRQRIKLJKHUHGXFDWLRQRUSXEOLFERG\
,IDQ\QRQSURÀWJURXSLQVWLWXWLRQRIKLJKHU
education or public body does not specify an
account for the moneys collected from the sale
of plates issued under this section, the depart-
ment shall deposit moneys collected for those
plates into the Passenger Rail Transportation
$FFRXQWHVWDEOLVKHGXQGHU256WREH
 F5HTXLUHHDFKQRQSURÀWJURXSLQVWLWXWLRQ
of higher education or public body for which
SODWHVDUHLVVXHGWRÀOHDQDQQXDOVWDWHPHQW
on a form designed by the department showing
WKDWWKHJURXSLVDQRQSURÀWJURXSLQVWLWXWLRQ
of higher education or public body and that the
QRQSURÀWJURXSLQVWLWXWLRQRIKLJKHUHGXFDWLRQ
RUSXEOLFERG\RWKHUZLVHPHHWVWKHTXDOLÀFD-
tions imposed for eligibility for plates issued
XQGHUWKLVVHFWLRQ7KHVWDWHPHQWVKDOOLQFOXGH
names and addresses of current directors or
RIÀFHUVRIWKHQRQSURÀWJURXSLQVWLWXWLRQRI
higher education or public body or of other
Title 59 3DJH
XVHGDVRWKHUPRQH\VLQWKHDFFRXQWDUHXVHG
Deposits under this subsection shall be made
DWOHDVWTXDUWHUO\>F†@
NoteEHFRPHVRSHUDWLYH-XO\
6HHVHFWLRQFKDSWHU2UHJRQ
/DZV
805.225 Special registration plate;
TXDOLÀFDWLRQVDSSOLFDWLRQIHHUXOHV(1)
$QRQSURÀWJURXSLQVWLWXWLRQRIKLJKHUHGXFD-
WLRQRUSXEOLFERG\DVGHÀQHGLQ256
that requests issuance of a special registration
SODWHXQGHU256VKDOO
(2015 Edition)
 63(&,$/5(*,675$7,213529,6,216  

(a) Submit an application, in the manner
prescribed by the Department of Transporta-
WLRQE\UXOH
(b) Pay to the department the anticipated
costs of adding the plate to the special regis-
The fee for issuance of the customized plates is
DVSURYLGHGXQGHU256>F
†F†@
805.242 Transfer of plates that are not
from current issue; fee. Notwithstanding
tration plate program, as determined by the
GHSDUWPHQW 7KH GHSDUWPHQW VKDOO UHIXQG
any amount of the payment that is not needed
to pay the costs of adding the plate to the
SURJUDP
(c) Collect and hold prepaid vouchers for new
special registration plates, until it has received
at least 3,000 vouchers along with required
IHHV2QFHDSDUWLFLSDWLQJQRQSURÀWJURXS
institution of higher education or public body
has received at least 3,000 vouchers, it shall
submit the vouchers, along with the required
IHHVWRWKHGHSDUWPHQW
(2) The department shall begin designing,
producing and issuing the plates after the non-
SURÀWJURXSLQVWLWXWLRQRIKLJKHUHGXFDWLRQRU
SXEOLFERG\VXEPLWVWKHIROORZLQJ established in this section, the fee is the same
(a) The application;
(b) Payment for the anticipated costs of
adding the plate as determined under subsec-
tion (1) of this section; and
(c) Three thousand prepaid vouchers along
ZLWKUHTXLUHGIHHV
(3) For purposes of this section, costs of
adding a new special registration plate include,
but are not limited to, computer programming
FRVWVDQGYHQGRUVHWXSIHHV
(4) The department shall adopt rules for the
administration and implementation of the spe-
FLDOUHJLVWUDWLRQSODWHSURJUDP>F
†@
NoteEHFRPHVRSHUDWLYH-XO\
6HHVHFWLRQFKDSWHU2UHJRQ
/DZV
805.230 Amateur radio operator plates;
fee. (1) A motor vehicle owner who is a resident
of this state and who holds a valid, unrevoked
DQGXQH[SLUHGRIÀFLDODPDWHXUUDGLRVWDWLRQ
256WKH'HSDUWPHQWRI7UDQV-
portation shall approve a request to transfer
registration plates that are not from a current
issue of plates if the owner of the plates sub-
mits an application for transfer along with the
plate transfer fee and the fee for a customized
UHJLVWUDWLRQSODWHHVWDEOLVKHGLQ256
LQDGGLWLRQWRDQ\UHTXLUHGUHJLVWUDWLRQIHH
Upon transfer of the plates, the plates shall
for all purposes be considered customized
registration plates issued as provided in ORS
>F†D@
805.250 Fees for special plates. This sec-
tion establishes fees for issuance of registration
SODWHVDXWKRUL]HGXQGHU256,IDIHH
IRUSODWHVDXWKRUL]HGLQ256LVQRW
IHHDVHVWDEOLVKHGXQGHU256:KHUH
a fee is established under this section, the fee
is in addition to the fee established under
256XQOHVVRWKHUZLVHSURYLGHGLQ
WKHIROORZLQJ
(1) Amateur radio operator registration
SODWHVLVVXHGXQGHU256
(2) Customized registration plates issued
XQGHU256
(a) For original issuance or renewal, $50
DQQXDOIHH
(b) For issuance of a duplicate or replace-
ment plate, $5 when the plate is issued at the
time of renewal of registration or $10 when the
SODWHLVLVVXHGDWDQ\RWKHUWLPH
(3) Special interest registration plates
DSSURYHGXQGHU256DUHDSSURYHG
without cost except as provided in this sub-
section, including without payment of the fee
HVWDEOLVKHGXQGHU256,ILGHQWLI\LQJ
stickers are required, $1 per sticker or pair of
VWLFNHUV
license issued by the Federal Communications
Commission may obtain from the Department
of Transportation special registration plates
designed by the department for use on the vehi-
cle in lieu of the regularly issued registration
SODWHVIRUWKHYHKLFOH7RREWDLQVSHFLDOUHJLV-
tration plates described under this section, a
person must submit to the department the fee
HVWDEOLVKHGXQGHU256IRULVVXDQFH
RIWKHVSHFLDOUHJLVWUDWLRQSODWHV
(2) Upon the revocation or expiration of the
radio license, the person must return the plates
issued under this section to the department
and receive in lieu thereof regular registration
SODWHV>F†F†
F†@
805.240 Customized plates; fee. The
Department of Transportation is authorized
to issue customized registration plates upon
WKHUHTXHVWRIYHKLFOHRZQHUV6XFKUHJLVWUD-
tion plates shall meet the requirements for
UHJLVWUDWLRQSODWHVGHVFULEHGLQ256
Title 59 Page 107
 'HDOHUSODWHVLVVXHGXQGHU256
DQGDUHDVIROORZV
(a) For the original dealer plate, no fee
H[FHSWWKHIHHHVWDEOLVKHGXQGHU256
(b) For replacement dealer plates, $10 for
each plate except that persons dealing exclu-
sively in motorcycles, mopeds, snowmobiles
or any combination of those vehicles shall pay
RQO\IRUHDFKUHSODFHPHQWSODWH
(c) For additional plates, or for renewal of
registration, $42, except that persons dealing
exclusively in motorcycles, mopeds or snow-
mobiles or any combination of those vehicles
shall pay only $9 for each additional plate, or
IRUUHQHZDORIUHJLVWUDWLRQ
(5) Special vehicle transporter plates or
GHYLFHV LVVXHG XQGHU 256   IRU
HDFKSODWHRUGHYLFH>F†
F†F†F†
F†F†F†
F†F†F†
(2015 Edition)
 OREGON VEHICLE CODE

F†F††DF (Cultural Registration Plate)

†F†F†@
(Salmon Registration Plate)
805.255 Salmon registration plate;
rules; fees. (1) The Department of Transpor-
tation shall establish a salmon registration
805.260 Cultural registration plates;
rules; fees. (1) The Department of Transpor-
tation shall establish a cultural registration
plate program to issue special registration
SODWHVFDOOHG´FXOWXUDOUHJLVWUDWLRQSODWHVµ
upon request to owners of motor vehicles reg-
plate program to issue special registration
SODWHV FDOOHG ´VDOPRQ UHJLVWUDWLRQ SODWHVµ
upon request to owners of motor vehicles reg-
LVWHUHGXQGHUWKHSURYLVLRQVRI256
(1) to observe the importance of salmonid to
LVWHUHGXQGHUWKHSURYLVLRQVRI256
WRREVHUYHWKHLPSRUWDQFHRIFXOWXUHWR2UHJRQ
,QDGGLWLRQWKHGHSDUWPHQWPD\DGRSWUXOHV
for issuance of cultural registration plates for
vehicles not registered under the provisions of
2UHJRQ,QDGGLWLRQWKHGHSDUWPHQWPD\DGRSW 256
rules for issuance of salmon registration plates  ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
for vehicles not registered under the provisions by law, for each cultural registration plate
RI256 issued under subsection (1) of this section, the
 ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HGE\
law, for each salmon registration plate issued
under subsection (1) of this section, the depart-
PHQWVKDOOFROOHFWDVXUFKDUJHRIIRUHDFK
year of the registration period, payable when
the plate is issued and upon each subsequent
renewal of registration of a vehicle bearing
WKHSODWH7KHGHSDUWPHQWVKDOOGLVWULEXWHWKH
VXUFKDUJHDVSURYLGHGLQ256>
F†F†F†
F†@
Note6HHQRWHXQGHU
805.256 Disposition of moneys from
salmon registration plate surcharge. (1)
After deduction of the cost of administration
of the salmon registration plate program,
moneys from the surcharge imposed by ORS
VKDOOEHWUDQVIHUUHGDQGDSSURSULDWHG
DVIROORZV VKDOOEHWUDQVIHUUHGWRWKH7UXVWIRU
(a) Half of the moneys shall be transferred
to the Watershed Conservation Grant Fund
and used only for funding projects under ORS
WR administration of the cultural registration
(A) Protect or restore native salmon habitat;
or
(B) Restore natural watershed or ecosystem
IXQFWLRQVE\UHPRYLQJDUWLÀFLDOREVWUXFWLRQV
WRQDWLYHVDOPRQPLJUDWLRQ
(b) Half of the moneys shall be transferred
to the State Parks and Recreation Depart-
PHQW)XQGHVWDEOLVKHGXQGHU256
and continuously appropriated for the purposes
department shall collect a surcharge of $15
payable when the plate is issued and upon each
subsequent renewal of registration of a vehi-
FOHEHDULQJWKHSODWH7KHGHSDUWPHQWVKDOO
distribute the surcharge as provided in ORS

(3) The department, in consultation with the
Trust for Cultural Development Board, shall
GHVLJQWKHFXOWXUDOUHJLVWUDWLRQSODWHV7KH
plates shall meet the requirements for regis-
WUDWLRQSODWHVGHVFULEHGLQ256>
F†F†@
Note6HHQRWHXQGHU
805.261 Disposition of moneys from
cultural registration plate surcharge.
(1) After deduction of the cost of administra-
tion of the cultural registration plate program,
moneys from the surcharge imposed by ORS
Cultural Development Account established
XQGHU256
(2) As used in this section, “the cost of
SODWHSURJUDPµLVWKHVXPRIDOO'HSDUWPHQW
of Transportation expenses for the issuance or
transfer of cultural registration plates under
256WKDWDUHDERYHWKHQRUPDOFRVWV
of issuing, renewing and transferring registra-
tion plates in the normal course of the business
RIWKHGHSDUWPHQW7KHVHH[SHQVHVLQFOXGH
but are not limited to, the costs of collecting
the cultural registration plate surcharge and
WUDQVIHUULQJFXOWXUDOUHJLVWUDWLRQSODWHV>
GHVFULEHGLQ256
(2) As used in this section, “the cost of
administration of the salmon registration
SODWHSURJUDPµLVWKHVXPRIDOO'HSDUWPHQW
of Transportation expenses for the issuance or
transfer of salmon registration plates under
256WKDWDUHDERYHWKHQRUPDOFRVWV
of issuing, renewing and transferring registra-
tion plates in the normal course of the business
RIWKHGHSDUWPHQW7KHVHH[SHQVHVLQFOXGH
but are not limited to, the costs of collecting
the salmon registration plate surcharge and
F†F†@
(Crater Lake National Park
Registration Plate)
805.263 Crater Lake National Park
registration plate; rules; fees. (1) The
Department of Transportation shall establish
a Crater Lake National Park registration plate
program to issue special registration plates
called “Crater Lake National Park registra-
WLRQSODWHVµXSRQUHTXHVWWRRZQHUVRIPRWRU
vehicles registered under the provisions of
WUDQVIHUULQJVDOPRQUHJLVWUDWLRQSODWHV>
F†F†F†
F†F†@
256WRFRPPHPRUDWHWKHWK
DQQLYHUVDU\RI&UDWHU/DNH1DWLRQDO3DUN
The department may adopt rules for issuance of
Crater Lake National Park registration plates
for vehicles that are not registered under the
SURYLVLRQVRI256

Title 59 Page 108 (2015 Edition)

 63(&,$/5(*,675$7,213529,6,216  

 ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
by law, for each Crater Lake National Park
registration plate issued under subsection (1)
of this section, the department shall collect
a surcharge of $10 payable when the plate is
LVVXHG7KHGHSDUWPHQWVKDOOGLVWULEXWHWKH
VXUFKDUJHDVSURYLGHGLQ256>
F†F†@
NoteDQGZHUHHQDFWHG
into law by the Legislative Assembly but were
not added to or made a part of the Oregon
Vehicle Code or any chapter or series therein
E\OHJLVODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
Note6HHQRWHXQGHU
805.264 Disposition of moneys from
Crater Lake National Park registration
plate surcharge. (1) After deduction of the
cost of administration of the Crater Lake
National Park registration plate program, the
Department of Transportation shall transfer
moneys from the surcharge imposed by ORS
WRWKH2UHJRQ&RPPXQLW\)RXQGDWLRQ
IRUXVHRQ&UDWHU/DNH1DWLRQDO3DUNSURMHFWV
(2) As used in this section, “the cost of
administration of the Crater Lake National
3DUNUHJLVWUDWLRQSODWHSURJUDPµLVWKHVXP
of all Department of Transportation expenses
for the issuance or transfer of Crater Lake
National Park registration plates under ORS
WKDWDUHDERYHWKHQRUPDOFRVWVRI
issuing, renewing and transferring registra-
tion plates in the normal course of business
LQWKHGHSDUWPHQW7KHVHH[SHQVHVLQFOXGH
but are not limited to, the costs of collecting
the Crater Lake National Park registration
plate surcharge and transferring Crater Lake
1DWLRQDO3DUNUHJLVWUDWLRQSODWHV>F
†F†@
Note6HHÀUVWQRWHXQGHU
(Wine Country Registration Plate)
805.266 Wine country registration
plate; fee. (1) The Department of Transporta-
tion shall establish a wine country registration
plate program to issue special registration
SODWHVFDOOHG´ZLQHFRXQWU\UHJLVWUDWLRQSODWHVµ
upon request to owners of motor vehicles reg-
LVWHUHGXQGHUWKHSURYLVLRQVRI256
 ([FHSWDVRWKHUZLVHUHTXLUHGE\VXE-
section (1) of this section, wine country
registration plates shall comply with the
UHTXLUHPHQWVRI256>F†@
805.272 Disposition of moneys from
wine country registration plate sur-
charge. (1) After the deduction of the cost of
administration of the wine country registration
plate program, the Department of Transpor-
tation shall deposit the net proceeds of the
surcharge collected by the department under
256LQWRWKHDFFRXQWRIWKH2UHJRQ
Tourism Commission established under ORS
7KHGHSDUWPHQWVKDOOPDNHGHSRVLWV
XQGHUWKLVVXEVHFWLRQDWOHDVWTXDUWHUO\
(2) Moneys deposited under subsection (1)
of this section are continuously appropriated
to the Oregon Tourism Commission for the
SXUSRVHVVHWIRUWKLQ256
(3) As used in this section, “the cost of
administration of the wine country registration
SODWHSURJUDPµPHDQVWKHVXPRIDOOGHSDUW-
ment expenses for the issuance or transfer of
wine country registration plates under ORS
WKDWDUHDERYHWKHQRUPDOFRVWVRI
issuing, renewing and transferring registra-
tion plates in the normal course of the business
RIWKHGHSDUWPHQW7KHVHH[SHQVHVLQFOXGHEXW
are not limited to, the costs of collecting the
wine country registration plate surcharge and
WUDQVIHUULQJZLQHFRXQWU\UHJLVWUDWLRQSODWHV
>F†@
805.274 Distribution of moneys; rules.
(1) After payment of the cost of production of
the wine country registration plates including
administrative expenses relating to marketing
the wine country registration plates issued
XQGHU256WKH2UHJRQ7RXULVP&RP-
mission shall distribute the moneys received
from the Department of Transportation pur-
VXDQWWR256DVIROORZV
(a) One half of the moneys shall be distrib-
XWHGDVPDWFKLQJJUDQWV7KHFRPPLVVLRQVKDOO
develop a matching grant program and shall
award grants to tourism promotion agencies
for tourism promotion of wine and culinary
WRXULVP7KHFRPPLVVLRQVKDOOHVWDEOLVKWKH
maximum grant amount in the applicant
guidelines prepared for the matching grant
SURJUDPLQHDFKELHQQLXP1RPRUHWKDQ
 percent of the total cost of a project may be
 ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HGE\
law, for each set of wine country registration
plates issued under subsection (1) of this sec-
tion, the department shall collect a surcharge
of $30 payable when the plates are issued and
upon each subsequent renewal of registration
RIDYHKLFOHEHDULQJWKHSODWHV7KHGHSDUWPHQW
shall transfer the moneys from the surcharge
DVSURYLGHGLQ256>F†
F†@
805.268 Wine country registration plate
design. (1) The Department of Transportation,
in consultation with the Oregon Tourism Com-
mission and Travel Salem, shall design the
wine country registration plates issued under
256
Title 59 Page 109
SDLGIRUZLWKPRQH\VIURPWKHSURJUDP$Q
applicant must show a minimum one-to-one
match from private or public sources other
than Oregon Business Development Depart-
PHQWRUFRPPLVVLRQSURJUDPV7KHDSSOLFDQW
must also show a cash match of at least 50
percent of the amount requested under the
PDWFKLQJJUDQWSURJUDP
(b) One half of the moneys shall be distrib-
uted to tourism promotion agencies for the
SXUSRVHRIWRXULVPSURPRWLRQ7KHFRPPLV-
sion shall distribute the moneys in proportion
to the amount of acreage in each region used
IRUZLQHJUDSHSURGXFWLRQ7KHFRPPLVVLRQ
shall designate a tourism promotion agency
IRUHDFKUHJLRQ7KHUHJLRQVVKDOOLQFOXGHWKH
mid-Willamette Valley region and each other
(2015 Edition)
 OREGON VEHICLE CODE
major wine producing region of the state as
GHWHUPLQHGE\WKHFRPPLVVLRQ
(2) The commission annually shall submit
a report to the Legislative Assembly in the
PDQQHUSURYLGHGLQ256RQRUEHIRUH
2FWREHU
(3) The commission shall adopt rules to
FDUU\RXWWKLVVHFWLRQ
805.279 Disposition of moneys from
Portland Trail Blazers registration plate
surcharge. (1) Moneys from the surcharge
LPSRVHGE\256PXVWEHWUDQVIHUUHG
to the Trail Blazers Foundation established by
the Portland Trail Blazers after deduction of
the cost of administration of the Portland Trail
Blazers registration plate program, including
but not limited to the costs of collecting the
 $VXVHGLQWKLVVHFWLRQ Portland Trail Blazers registration plate sur-
charge and transferring Portland Trail Blazers
 D´0LG:LOODPHWWH9DOOH\UHJLRQµPHDQV registration plates that are above the normal
0DULRQ3RONDQG<DPKLOO&RXQWLHV costs of issuing, renewing and transferring
 E´7RXULVPSURPRWLRQµKDVWKHPHDQLQJ registration plates in the normal course of busi-
JLYHQWKDWWHUPLQ256 QHVVRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ$Q\
royalties due to the National Basketball Asso-
 F´7RXULVPSURPRWLRQDJHQF\µKDVWKH
PHDQLQJJLYHQWKDWWHUPLQ256
>F†@
(Portland Trail Blazers
Registration Plate)
805.278 Portland Trail Blazers regis-
ciation are the responsibility of the Portland
7UDLO%OD]HUV
(2) The Trail Blazers Foundation shall use
the surcharge proceeds received under this
section to issue grants for youth-related pro-
JUDPVDQGLQLWLDWLYHV
tration plate; rules; fee. (1) The Department
of Transportation shall establish a Portland
Trail Blazers registration plate program to
issue special registration plates to support
charitable initiatives through the Trail Blaz-
ers Foundation established by the Portland
7UDLO%OD]HUV7KHVSHFLDOUHJLVWUDWLRQSODWHV
shall be issued upon request to owners of motor
 (DFK\HDUWKH7UDLO%OD]HUV)RXQGDWLRQ
shall report to a committee or interim com-
mittee of the Legislative Assembly related
WRWUDQVSRUWDWLRQ7KHUHSRUWPXVWSURYLGH
information about the grants awarded with
WKHIXQGVIURPWKHVXUFKDUJH>F†@
(Breast Cancer Awareness
Registration Plate)
YHKLFOHVUHJLVWHUHGXQGHU256,Q
addition, the department may adopt rules for 805.283 Breast cancer awareness regis-
issuance of Portland Trail Blazers registration tration plate; rules; fee. (1) The Department
plates for vehicles not registered under ORS of Transportation shall establish a breast
 cancer awareness registration plate program
 ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG to issue special registration plates called
by law, for each set of Portland Trail Blazers ´EUHDVWFDQFHUDZDUHQHVVUHJLVWUDWLRQSODWHVµ
registration plates issued under subsection (1) upon request to owners of motor vehicles reg-
of this section, the department shall collect a LVWHUHGXQGHU256,QDGGLWLRQ
surcharge of $40 payable when the plates are the department may adopt rules for issuance
issued and upon each subsequent renewal of of breast cancer awareness registration plates
UHJLVWUDWLRQRIDYHKLFOHEHDULQJWKHSODWHV7KH IRUYHKLFOHVQRWUHJLVWHUHGXQGHU256
department shall distribute the moneys from 
WKHVXUFKDUJHDVSURYLGHGLQ256  ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
 1RWZLWKVWDQGLQJ2563RUW-
land Trail Blazers registration plates may
be transferred from vehicle to vehicle if the
department stops issuing the plates, as long as
the plates are not too old, damaged, mutilated
or otherwise rendered illegible to be useful for
SXUSRVHVRILGHQWLÀFDWLRQ
(4) The Portland Trail Blazers registration
by law, for each set of breast cancer awareness
registration plates issued under subsection (1)
of this section, the department shall collect a
surcharge of $40 payable when the plates are
issued and upon each subsequent renewal of
UHJLVWUDWLRQRIDYHKLFOHEHDULQJWKHSODWHV7KH
department shall distribute the surcharge as
SURYLGHGLQ256
plate must include the name or logo of the
3RUWODQG7UDLO%OD]HUVEDVNHWEDOOWHDP7KH
department shall design the plate in consulta-
WLRQZLWKWKH3RUWODQG7UDLO%OD]HUV7KHÀQDO
design of the plate is subject to approval by the
3RUWODQG7UDLO%OD]HUV7KHGHSDUWPHQWPD\
enter into agreements necessary for the use of
the logo, name, marks or slogans associated
with the Portland Trail Blazers or the National
%DVNHWEDOO$VVRFLDWLRQ
 1RWZLWKVWDQGLQJ256EUHDVW
cancer awareness registration plates may
be transferred from vehicle to vehicle if the
department stops issuing the plates, as long as
the plates are not too old, damaged, mutilated
or otherwise rendered illegible to be useful for
SXUSRVHVRILGHQWLÀFDWLRQ>F†@
805.285 Disposition of moneys from
breast cancer awareness registration
plate surcharge. (1) Moneys from the sur-
 ([FHSWDVRWKHUZLVHUHTXLUHGE\WKH
design approved by the department, Portland
Trail Blazers registration plates must comply
ZLWKWKHUHTXLUHPHQWVRI256>
F†@
FKDUJH LPSRVHG E\ 256  PXVW EH
transferred to the Oregon Health Author-
LW\)XQGHVWDEOLVKHGE\256DIWHU
deduction of the cost of administration of the
breast cancer awareness registration plate pro-
gram, including but not limited to the costs of

Title 59 Page 110 (2015 Edition)

 63(&,$/5(*,675$7,213529,6,216
collecting the breast cancer awareness regis-
tration plate surcharge and transferring breast
cancer awareness registration plates that are
above the normal costs of issuing, renewing
and transferring registration plates in the
normal course of business of the Department
RI7UDQVSRUWDWLRQ
(2) Moneys deposited under subsection (1)
of this section are continuously appropriated
to the Oregon Health Authority for activities
 
2, chapter 823, Oregon Laws 2009, that are
above the normal costs of issuing, renewing
and transferring registration plates in the
normal course of the business of the depart-
PHQW7KHVHH[SHQVHVLQFOXGHEXWDUHQRW
OLPLWHGWRWKHFRVWVRIFROOHFWLQJWKH3DFLÀF
Wonderland registration plate surcharge and
WUDQVIHUULQJ3DFLÀF:RQGHUODQGUHJLVWUDWLRQ
SODWHV>F†F†F
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of breast and cervical cancers as part of the
2UHJRQ%UHDVWDQG&HUYLFDO&DQFHU3URJUDP
>F†@
 6HF1RWZLWKVWDQGLQJ256
the Department of Transportation may pay an
amount up to $150,000 from the Department of
Transportation Operating Fund for expenses
LQFXUUHGLQLQLWLDWLQJWKH3DFLÀF:RQGHUODQG
3DFLÀF:RQGHUODQG5HJLVWUDWLRQ3ODWH registration plate program established in
section 2, chapter 823, Oregon Laws 2009,
Note6HFWLRQVWRFKDSWHU2UHJRQ including but not limited to registration plate
/DZVSURYLGH design, computer programming and production
 6HF6HFWLRQVDQGRIWKLV$FWDUH VHWXS$Q\SRUWLRQRIWKHDPRXQWSDLGWKDWLV
added to and made a part of the Oregon Vehicle QRWXVHGIRULQLWLDWLQJWKH3DFLÀF:RQGHUODQG
&RGH>F†@ registration plate program shall be transferred
to the account established under subsection (2)
 6HF7KH'HSDUWPHQWRI7UDQVSRU-
WDWLRQVKDOOHVWDEOLVKD3DFLÀF:RQGHUODQG
registration plate program to issue special
UHJLVWUDWLRQSODWHVFDOOHG´3DFLÀF:RQGHUODQG
UHJLVWUDWLRQSODWHVµXSRQUHTXHVWWRRZQHUVRI
motor vehicles registered under the provisions
RIWKLVVHFWLRQ
(2) Notwithstanding section 3, chapter 823,
Oregon Laws 2009, after deduction of the cost
RIDGPLQLVWUDWLRQRIWKH3DFLÀF:RQGHUODQG
registration plate program, the department
RI256,QDGGLWLRQWKHGHSDUW- shall transfer the moneys from the surcharge
PHQWPD\DGRSWUXOHVIRULVVXDQFHRI3DFLÀF imposed by section 2, chapter 823, Oregon
Wonderland registration plates for vehicles not Laws 2009, to an account in the Department
UHJLVWHUHGXQGHUWKHSURYLVLRQVRI256 RI7UDQVSRUWDWLRQ2SHUDWLQJ)XQGXQWLOVXIÀ-
 cient funds have accumulated for the purpose
GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
 ,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
E\ODZIRUHDFKVHWRI3DFLÀF:RQGHUODQGUHJ-
istration plates issued under subsection (1)
of this section, the department shall collect
a surcharge of $100 payable when the plates
DUHLVVXHG7KHGHSDUWPHQWVKDOOWUDQVIHUWKH
moneys from the surcharge as provided in sec-
WLRQFKDSWHU2UHJRQ/DZV
(3) When the department determines that
PRQH\VLQVXIÀFLHQWDPRXQWDUHDYDLODEOHLQ
the account established under subsection (2) of
this section, the department shall reimburse
the Department of Transportation Operating
Fund, without interest, in an amount equal
to the amount paid from the Department of
Transportation Operating Fund for the costs of
 1RWZLWKVWDQGLQJ2563DFLÀF
Wonderland registration plates may be trans-
ferred from vehicle to vehicle if the department
stops issuing the plates, as long as the plates
are not so old, damaged, mutilated or other-
wise rendered illegible as to be not useful for
SXUSRVHVRILGHQWLÀFDWLRQ
(4) The department shall limit the total
QXPEHURI3DFLÀF:RQGHUODQGUHJLVWUDWLRQ
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LQLWLDWLQJWKH3DFLÀF:RQGHUODQGUHJLVWUDWLRQ
SODWHSURJUDP
(4) Any moneys remaining in the account
established under subsection (2) of this sec-
tion after deduction of the reimbursement
required under subsection (3) of this section
shall be transferred to the Oregon State
Capitol Foundation for the general purposes
RIWKHIRXQGDWLRQXQGHU256DQGWR
WKH2UHJRQ+LVWRULFDO6RFLHW\2IWKHPRQH\V
transferred under this subsection, 50 per-
 6HF$IWHUGHGXFWLRQRIWKHFRVWRI cent shall be transferred to the Oregon State
DGPLQLVWUDWLRQ RI WKH 3DFLÀF :RQGHUODQG Capitol Foundation and 50 percent shall be
registration plate program, the Department WUDQVIHUUHGWRWKH2UHJRQ+LVWRULFDO6RFLHW\
of Transportation shall transfer 50 percent >F†F†F†@
of the moneys from the surcharge imposed by
section 2, chapter 823, Oregon Laws 2009, to
the Oregon State Capitol Foundation for the
general purposes of the foundation under ORS
DQGSHUFHQWWRWKH2UHJRQ+LVWRUL-
FDO6RFLHW\
(2) As used in this section, the cost of admin-
 6HF7KH'HSDUWPHQWRI7UDQVSRUWD-
tion shall use as a design for the plates issued
under section 2 of this 2009 Act a design simi-
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that was created as a result of section 2, chap-
ter 15, Oregon Laws 1959, with recognition of
2UHJRQ·VWKELUWKGD\
LVWUDWLRQRIWKH3DFLÀF:RQGHUODQGUHJLVWUDWLRQ  ([FHSWDVRWKHUZLVHUHTXLUHGE\WKH
plate program is the sum of all department GHVLJQVSHFLÀHGLQVXEVHFWLRQRIWKLVVHF-
H[SHQVHVIRUWKHLVVXDQFHRUWUDQVIHURI3DFLÀF WLRQ3DFLÀF:RQGHUODQGUHJLVWUDWLRQSODWHV
Wonderland registration plates under section

Title 59 Page 111 (2015 Edition)

 OREGON VEHICLE CODE

shall comply with the requirements of ORS
>F†@
FARM VEHICLES
805.300 Farm vehicle registration; gen-
eral requirements; fees. Any farmer who is
the owner of a motor vehicle may apply to the
Department of Transportation for and, upon
payment of appropriate fees, may receive farm
vehicle registration described in this section to
RSHUDWHWKHYHKLFOH)DUPYHKLFOHUHJLVWUDWLRQ
LVVXEMHFWWRWKHIROORZLQJDVGHVFULEHG be used and the combined weight of the motor
(1) Application is as provided under ORS

upon which the motor vehicle sought to be reg-
LVWHUHGLVWREHXVHG
(3) The type and amount of agricultural
commodities, agricultural products or live-
stock produced annually on one or more of
the farms, orchards or ranches upon which
the motor vehicle sought to be registered is to
EHXVHG
(4) The number of trucks used on the one or
more farms, orchards or ranches upon which
the motor vehicle sought to be registered is to
YHKLFOHVRXJKWWREHUHJLVWHUHG
(5) A statement that any motor vehicle reg-
LVWHUHGXQGHU256
 4XDOLÀFDWLRQLVDVSURYLGHGXQGHU256

(3) The fees are as provided under ORS

(4) The registration period is as provided
XQGHU256
(5) Once registered under a farm vehicle
(a) Will be used for one or more of the pur-
SRVHVVSHFLÀHGXQGHU256
(b) Will not be used, at any time while
UHJLVWHUHGXQGHU256IRUDQ\RWKHU
purpose or for the transportation of any other
commodities or products for hire except as pro-
YLGHGXQGHU256
registration, a vehicle may be used only for  F,VQHHGHGLQWKHRSHUDWLRQRIWKHRQHRU
SXUSRVHVGHVFULEHGXQGHU2569LR- more farms, orchards or ranches upon which
lation of limits imposed on use is punishable the motor vehicle sought to be registered is to
DVSURYLGHGXQGHU256 EHXVHG
 9HKLFOHVDUHH[HPSWIURPRUVXEMHFWWR  $Q\RWKHULQIRUPDWLRQUHTXLUHGE\WKH
regulation under ORS chapter 825 as provided GHSDUWPHQW
LQ256
(7) Additional information required by law
 7UDQVIHULVVXEMHFWWR256
(8) The registration may be canceled as pro-
YLGHGXQGHU256>F†
F†F†F†
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  4XDOLÀFDWLRQV IRU UHJLVWUD-
tion. To qualify for issuance of registration
GHVFULEHGXQGHU256DSHUVRQPXVW
be engaged, either as owner or renter, in oper-
ating one or more farms, orchards or ranches
actually producing agricultural products or
UDLVLQJOLYHVWRFNLQVXIÀFLHQWTXDQWLWLHVWRUHD-
sonably require the use of the motor vehicle or
vehicles for which the farm vehicle license is
VRXJKW&RRSHUDWLYHFRUSRUDWLRQVRUDVVRFLD-
tions organized under the provisions of ORS
FKDSWHURUFRUSRUDWLRQVRUVXEVLGLDULHVRI
corporations do not qualify for the issuance of
OLFHQVHVGHVFULEHGXQGHU256LIRZQHG
E\PRUHWKDQVKDUHKROGHUV$VXVHGLQWKLV
VHFWLRQ´VKDUHKROGHUµKDVWKHPHDQLQJJLYHQ
WKDWWHUPLQ256>F†
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805.320 Application for registration.
Application for registration described under
256VKDOOEHPDGHLQDIRUPSUH-
scribed by the Department of Transportation
DQGFHUWLÀHGWRE\WKHDSSOLFDQWDQGVKDOO
LQFOXGHDOORIWKHIROORZLQJ F†@
(1) The name and residence or business
address of the applicant, except as provided for
$GGUHVV&RQÀGHQWLDOLW\3URJUDPSDUWLFLSDQWV
LQ256
(2) The number of acres as shown on the
latest county real property tax statements of
one or more of the farms, orchards or ranches
Title 59 Page 112
or by the department in making an application
IRUUHJXODUUHJLVWUDWLRQIRUWKHPRWRUYHKLFOH
(8) The application shall contain a declara-
tion that it is made under penalties for false
FHUWLÀFDWLRQ9LRODWLRQRIWKLVVXEVHFWLRQLV
VXEMHFWWRSHQDOWLHVXQGHU256>
F†F†F†
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 $QQXDOSURRIRITXDOLÀFDWLRQ
for farm vehicle registration. The owner of
a vehicle or combination that has four or more
axles and that is registered as a farm vehi-
FOHXQGHU256RUKDVDIDUPGHYLFH
LVVXHGSXUVXDQWWR256VKDOODQQX-
ally show to the satisfaction of the Department
of Transportation that the owner meets the
TXDOLÀFDWLRQVRI256>F†@
805.>F†F†
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805.340 Effect of sale of vehicle. Upon
VDOHRIDYHKLFOHUHJLVWHUHGXQGHU256
prior to operation of the vehicle on a highway,
the new owner must reregister the vehicle
XQOHVVWKHQHZRZQHULVTXDOLÀHGXQGHU256
WRUHJLVWHUWKHYHKLFOHXQGHU256
>F†F†
805.350 Violation of farm registration
limits; penalty. (1) A person commits the
offense of violation of farm registration limits
if the person uses or owns and permits to be
XVHGDYHKLFOHUHJLVWHUHGXQGHU256
for purposes other than purposes described
XQGHU256
(2015 Edition)
 63(&,$/5(*,675$7,213529,6,216
(2) The offense described in this section,
violation of farm registration limits, is a Class
$PLVGHPHDQRU>F†F
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805.360 Failure to register farm vehi-
cle properly; penalty. (1) A person commits
the offense of failure to register a farm vehicle
properly if the person is the new owner of a
YHKLFOHZLWKUHJLVWUDWLRQXQGHU256
and the person operates the vehicle before
SURSHUO\UHJLVWHULQJLW
(2) Nothing in this section prohibits a
person from registering the vehicle under ORS
LITXDOLÀFDWLRQVIRUUHJLVWUDWLRQXQGHU
WKDWVHFWLRQDUHPHW
(3) The offense described in this section,
failure to register a farm vehicle properly, is a
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  )DOVH FHUWLÀFDWLRQ SHQDOW\
(1) A person commits the offense of false cer-
WLÀFDWLRQRQIDUPUHJLVWUDWLRQLIWKHSHUVRQ
NQRZLQJO\FHUWLÀHVIDOVHO\WRDQ\LQIRUPDWLRQ
on any application for issuance of registration
XQGHU256
(2) The offense described in this section,
IDOVHFHUWLÀFDWLRQRQIDUPUHJLVWUDWLRQLVD
&ODVV$PLVGHPHDQRU>F†
F†F†@
805.380 Department investigation;
cancellation. The Department of Transpor-
tation shall have the authority to investigate
and verify information provided in conjunction
with application for registration under ORS
7KHGHSDUWPHQWPD\FDQFHOWKHUHJ-
istration of any vehicle that has registration
LVVXHGXQGHU256LIWKHRZQHURUD
lessee or an employee of either is convicted
RIYLRODWLRQRI256WRLIWKH
department determines that such person has
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not the person is convicted for the violation
or if the department determines that either
WKHYHKLFOHRUWKHRZQHUQRORQJHUTXDOLÀHV
 
(1) The vehicles may be used in transporting
the farmer’s own agricultural commodities,
agricultural products or livestock that were
originally grown or raised by the farmer on the
IDUPHU·VRZQIDUP7KLVVXEVHFWLRQLQFOXGHV
products and by-products of commodities or
livestock that were packed, processed or man-
ufactured by or for the farm operation so long
as the farmer retains ownership of the prod-
ucts but does not include products that have
EHHQWUDQVIRUPHGLQWRDÀQLVKHGVWDWH)RU
purposes of this subsection, products have not
EHHQWUDQVIRUPHGLQWRDÀQLVKHGVWDWHLIWKH
SURGXFWV
(a) Will be used in agricultural production;
(b) Will be used in the production of another
product;
(c) Are not changed in visible character; or
(d) Are of a type or kind ordinarily requiring
further processing prior to sale to the ultimate
FRQVXPHU
(2) The vehicles may be used in any trans-
portation that is incidental to the regular
RSHUDWLRQRIWKHIDUPHU·VIDUP
(3) The vehicles may be used to transport
supplies, equipment or materials to the farm-
er’s farm that are consumed or used on the
IDUP
(4) The vehicles may be used in transporting
forest products to the farmer’s own farm or
transporting for any purpose forest products
RULJLQDWLQJRQWKHIDUPHU·VIDUP7KHRQO\
forest products included under this subsection
are forest materials originating on a farm or as
DQLQFLGHQWWRWKHUHJXODURSHUDWLRQRIDIDUP
(5) The vehicles may be used in the trans-
portation of products, supplies, equipment or
PDWHULDOVIRUDQRWKHUIDUPHUZKRTXDOLÀHV
XQGHU256RQDQH[FKDQJHRIODERU
basis if such products, supplies, equipment or
materials are to be used or consumed on such
farm or are directly related to the operation
RIWKHIDUP
IRUIDUPYHKLFOHUHJLVWUDWLRQ,IUHJLVWUDWLRQLV
canceled under this section, the vehicle shall
not again be eligible for registration under ORS
IRUDSHULRGRIRQH\HDUDIWHUWKHFDQ-
FHOODWLRQ>F†F†@
805.390 Permitted uses of farm-regis-
tered vehicles. This section establishes the
 7KHYHKLFOHVPD\EHRSHUDWHGIRUWKHSHU-
sonal use of the farmer, any member of the
farmer’s immediate family or any person in
WKHIDUPHU·VHPSOR\
(7) The vehicles shall not be used to trans-
SRUWDQ\RIWKHIROORZLQJ
uses allowed for vehicles registered under ORS  D3LOLQJ
DQGIRUYHKLFOHVDXWKRUL]HGE\256 (b) Poles over 30 inches in circumference at
WREHUHJLVWHUHGXQGHU256 WKHODUJHHQG
RU9HKLFOHVZLWKIDUPYHKLFOHUHJLVWUD-
tion or farm vehicle proportional registration
may only be used for purposes described in
WKLVVHFWLRQ8VHVSHUPLWWHGRQDIDUPXQGHU
this section are also permitted on one or more
farms, orchards or ranches of the qualifying
IDUPHU 9LRODWLRQ RI WKH OLPLWV HVWDEOLVKHG
under this section is subject to penalty under
256  7KH IROORZLQJ GHVFULEHV WKH
uses permitted vehicles registered under ORS
DQGIRUYHKLFOHVDXWKRUL]HGE\256
WREHUHJLVWHUHGXQGHU256
RU WKHYHKLFOHVDUHVXEMHFWWR256FKDSWHU
 F([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
paragraph, logs over eight feet six inches in
OHQJWK$YHKLFOHPD\EHXVHGWRWUDQVSRUWORJV
RYHUHLJKWIHHWVL[LQFKHVEXWQRWRYHUIHHW
LQFKHVLQOHQJWKLIWKHYHKLFOHKDVDORDGHG
ZHLJKWRISRXQGVRUOHVV
(8) The vehicles may be partially operated
under a permit issued by the Department
RI 7UDQVSRUWDWLRQ XQGHU 256  DV
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Title 59 Page 113 (2015 Edition)

 OREGON VEHICLE CODE

(9) The vehicles may be partially operated  F$QLGHQWLÀFDWLRQGHYLFHIRUSURSRUWLRQDOO\

IRUKLUHDVSHUPLWWHGLQ256FDQG registered farm vehicles is subject to cancella-
G
(10) The vehicles may be rented or borrowed
by a farmer to haul the farmer’s own products
if the farmer would qualify for farm vehicle
registration for vehicles of the type and size
UHQWHGRUERUURZHG
(11) The vehicles may be used in transport-
ing straw, whether or not the straw was grown
on the farmer’s own farm, if the transporting
IDUPHULVWKHRQHZKREDOHVWKHVWUDZ>
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805.400 Proportional registration for
farm vehicles; rules. (1) Any person who
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WRUHJLVWHUIDUPTXDOLÀHGYHKLFOHVXQGHUWKH
proportional registration provisions of ORS
RULQOLHXRIUHJLVWHULQJWKH
vehicles under the farm vehicle registration
SURYLVLRQVRI256([FHSWDVRWKHU-
wise provided in this section, farm vehicles
UHJLVWHUHGXQGHU256RUDUH
subject to the same requirements, conditions
and privileges as other vehicles registered
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(2) The following provisions apply to a
vehicle that has been issued farm vehicle pro-
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(a) The vehicle may be used only for pur-
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this paragraph is punishable as provided in
256IRUYLRODWLRQRIIDUPUHJLVWUDWLRQ
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(b) The vehicle is exempt from or subject to
regulation under ORS chapter 825 to the same
extent and in the same manner as provided in
256IRUYHKLFOHVUHJLVWHUHGXQGHU256
>F†F†
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805.410 Department investigation
of farm vehicle proportional registra-
tion application; cancellation. (1) The
Department of Transportation shall have the
authority to investigate and verify informa-
tion provided in conjunction with application
for proportional registration of a farm vehicle
XQGHU 256  7KH GHSDUWPHQW PD\
FDQFHODQLGHQWLÀFDWLRQGHYLFHIRUDSURSRUWLRQ-
ally registered farm vehicle if the department
determines that the owner or lessee of the vehi-
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(a) Operated the vehicle in violation of farm
 D,QDGGLWLRQWRDQ\DSSOLFDWLRQIRUUHJLV- registration limits; or
WUDWLRQUHTXLUHGE\256RU
the applicant must submit an application to  E)DOVHO\FHUWLÀHGDQDSSOLFDWLRQUHTXLUHG
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQFHUWLÀHG E\256IRUUHJLVWUDWLRQRUUHQHZDORI
by the applicant and containing the informa- registration of a proportionally registered farm
WLRQVSHFLÀHGLQ256IRUIDUPYHKLFOH YHKLFOH
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(b) The department shall issue appropri-
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devices shall be determined by the department
by rule and the fees for such devices are as
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 ,IDIDUPYHKLFOHSURSRUWLRQDOUHJLVWUD-
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section, the vehicle is not eligible for registra-
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_______________

Title 59 Page 114 (2015 Edition)

 ),1$1&,$/5(63216,%,/,7</$:

Chapter 806

(',7,21
FINANCIAL RESPONSIBILITY LAW

GENERAL PROVISIONS ENFORCEMENT

806.010 Driving uninsured prohibited;  'HSDUWPHQWYHULÀFDWLRQSURJUDP
penalty rules
806.011 Proof of insurance; rules 806.160 Demand for proof of compliance
806.012 Failure to carry proof of compliance  'HSDUWPHQWFKHFNRQÀQDQFLDOFHUWL-
ZLWKÀQDQFLDOUHVSRQVLELOLW\UHTXLUH- ÀFDWLRQRQDFFLGHQWUHSRUWV
ments; rules; penalty 806.180 Information to be provided when cer-
 ([HPSWLRQVIURPÀQDQFLDOUHVSRQVL- WLÀFDWLRQRIFRPSOLDQFHUHTXLUHG
bility requirements 806.190 Insurance carrier report of person
 -XGJPHQWVIRUZKLFKÀQDQFLDO involved in accident who is in viola-
responsibility requirements tion of ORS 806.010; civil liability
established 806.195 Information submitted by insurers;
 )DOVLÀFDWLRQRIÀQDQFLDOUHVSRQVLELO- rules; use
ity; penalty
806.055 Giving false information about liabil-
FUTURE RESPONSIBILITY FILINGS
LW\LQVXUDQFHWRSROLFHRIÀFHUSHQDOW\
 )DLOXUHWRÀOHDIWHUDFFLGHQWSHQDOW\
REQUIREMENTS  ([HPSWLRQIURPUHTXLUHPHQWWRÀOH
after accident
(Generally)  )DLOXUHWRÀOHDIWHUIDLOLQJYHULÀFD-
tion; penalty
806.060 Methods of compliance  )DLOXUHRISUHYLRXVYLRODWRUWRÀOH
806.070 Minimum payment schedule 806.240 Proof of compliance with future
806.075 Insurance requirements for person UHVSRQVLELOLW\ÀOLQJUHTXLUHPHQW
FRQYLFWHGRIGULYLQJXQGHULQÁXHQFH ÀOLQJIRUDQRWKHUIDLOXUHRISURRIWR
of intoxicants meet requirements
806.245 Termination of future responsibility
(Insurance) ÀOLQJUHTXLUHPHQWUHDVRQV
806.080 Insurance  &HUWLÀFDWHRILQVXUDQFHUHTXLUH-
ments; presumption of completeness
(Self-Insurance)  :KHQFHUWLÀFDWHRILQVXUHUQRWDXWKR-
rized to do business in this state may
806.130 Self-insurance be used
 &HUWLÀFDWHLVVXDQFHFDQFHOODWLRQ 806.290 Automatic termination of insurance
XQGHUIXWXUHUHVSRQVLELOLW\ÀOLQJ
XSRQVXEVHTXHQWÀOLQJ
806.300 Failure to surrender license and
registration on cancellation of future
UHVSRQVLELOLW\ÀOLQJSHQDOW\

Title 59 Page 115 (2015 Edition)

 OREGON VEHICLE CODE

Title 59 3DJH (2015 Edition)

 ),1$1&,$/5(63216,%,/,7</$:  

GENERAL PROVISIONS RIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVLELOLW\

806.010 Driving uninsured prohibited;
penalty. (1) A person commits the offense of
driving uninsured if the person operates a
motor vehicle in this state on any highway or
premises open to the public in this state with-
RXWHLWKHU determine by rule what constitutes proof of
(a) The person being insured while driv-
ing the vehicle under a motor vehicle liability
requirements if the person operates a motor
vehicle in this state and does not have in the
YHKLFOHFXUUHQWSURRIRIFRPSOLDQFHZLWKÀQDQ-
FLDOUHVSRQVLELOLW\UHTXLUHPHQWV
(2) The Department of Transportation shall
compliance with financial responsibility
UHTXLUHPHQWV
insurance policy that meets the requirements  7KLVVHFWLRQGRHVQRWDSSO\
GHVFULEHGXQGHU256RU (a) To persons operating motor vehicles
(b) The person or the owner of the vehicle WKDWDUHH[HPSWIURPÀQDQFLDOUHVSRQVLELOLW\
providing the Department of Transportation UHTXLUHPHQWVE\256RU
with other satisfactory proof of compliance with  E,IDSROLFHRIÀFHUYHULÀHVSURRIRIFRPSOL-
WKHÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVRI DQFHZLWKÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
WKLVVWDWH WKURXJKWKH/DZ(QIRUFHPHQW'DWD6\VWHP
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE- (4) The court shall dismiss any charge under
OLVKHGXQGHU256 this section if, prior to the court appearance
 ,QDGGLWLRQWRRWKHUSHQDOWLHVXQGHUWKLV
VHFWLRQWKHIROORZLQJDSSO\ delivers to the clerk of the court named on the
(a) A person who is involved in a motor
vehicle accident at any time the person is in
violation of this section is subject to suspension
of the person’s driving privileges under ORS

(b) A person who is convicted of violating this
VHFWLRQLVVXEMHFWWR256LIWKHSHUVRQ
GRHVQRWPDNHIXWXUHUHVSRQVLELOLW\ÀOLQJVDV
UHTXLUHGE\WKDWVHFWLRQ
(4) A person convicted for violation of this
VHFWLRQPXVWÀOHZLWKWKHGHSDUWPHQWDQG
thereafter maintain for a period of three years,
SURRIRIÀQDQFLDOUHVSRQVLELOLW\WKDWFRPSOLHV
ZLWK256)DLOXUHWRFRPSO\ZLWKWKLV
VXEVHFWLRQLVVXEMHFWWR256
(5) The offense described in this section,
GULYLQJXQLQVXUHGLVD&ODVV%WUDIÀFYLROD-
WLRQ>F†F†
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806.011 Proof of insurance; rules. (1)
Proof of insurance issued as provided in ORS
RURWKHUFXUUHQWSURRIRIFRPSOLDQFH
ZLWKÀQDQFLDORUIXWXUHUHVSRQVLELOLW\UHTXLUH-
ments approved by rule by the Department of
Transportation, shall be carried in each motor
vehicle that is operating in this state and that
LVQRWH[HPSWIURPFRPSOLDQFHZLWKÀQDQFLDO
date listed on the citation, the person charged
FLWDWLRQ SURRI RI FRPSOLDQFH ZLWK ÀQDQFLDO
responsibility requirements at the time of the
YLRODWLRQ
(5) The offense described in this section, fail-
XUHWRFDUU\SURRIRIFRPSOLDQFHZLWKÀQDQFLDO
UHVSRQVLELOLW\UHTXLUHPHQWVLVD&ODVV%WUDIÀF
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806.014 > F †† UHQXPEHUHG
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806.016>F†UHQXPEHUHG
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  ([HPSWLRQV IURP ÀQDQFLDO
responsibility requirements. This sec-
tion provides exemptions from the necessity
for compliance with or proof of compliance
ZLWKÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
LQDFFLGHQWUHSRUWVXQGHU256ZKHQ
applying for vehicle registration under ORS
RUDQGIRURSHUDWLQJDYHKLFOH
XQGHU2567KHRZQHURURSHUDWRU
of a vehicle is exempt, as provided by this
VHFWLRQIURPÀQDQFLDOUHVSRQVLELOLW\UHTXLUH-
ments if the vehicle involved in the accident,
sought to be registered or operated is any of
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(1) An antique vehicle issued permanent
UHJLVWUDWLRQXQGHU256
RUIXWXUHUHVSRQVLELOLW\UHTXLUHPHQWV  $IDUPWUDLOHU
(2) The use of an electronic device to display  $IDUPWUDFWRU
proof of insurance does not constitute consent
IRUDSROLFHRIÀFHUWRDFFHVVRWKHUFRQWHQWVRI
WKHHOHFWURQLFGHYLFH
(3) Failure of the driver of a motor vehicle
to show proof of insurance or other proof of
compliance when asked to do so by a police
RIÀFHULVUHDVRQDEOHJURXQGVIRUWKHRIÀFHUWR
 $QLPSOHPHQWRIKXVEDQGU\
(5) A vehicle of special interest that is
maintained as a collector’s item and used for
exhibitions, parades, club activities and similar
uses, but not used primarily for the transpor-
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believe that the person is operating the vehicle
LQYLRODWLRQRI256>F†
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806.012 Failure to carry proof of com-
pliance with financial responsibility
requirements; rules; penalty. (1) A person
 $VQRZPRELOHRUD&ODVV,&ODVV,,,RU
&ODVV,9DOOWHUUDLQYHKLFOH
(7) Any motor vehicle not operated on any
highway or premises open to the public in this
VWDWH
commits the offense of failure to carry proof  $PRWRUDVVLVWHGVFRRWHU

Title 59 Page 117 (2015 Edition)

 OREGON VEHICLE CODE

(9) An electric personal assistive mobility
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806.030>F†UHSHDOHGE\
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 -XGJPHQWVIRUZKLFKÀQDQFLDO
responsibility requirements established.
Financial responsibility requirements are
designed to provide for minimum payment of
MXGJPHQWVRIWKHW\SHGHVFULEHGLQWKLVVHFWLRQ
)RUWKHSXUSRVHVRI256
DQGMXGJPHQWVRI
WKHW\SHGHVFULEHGLQWKLVVHFWLRQPXVW Class B misdemeanor except that violation
liability insurance or to the existence of some
RWKHUPHDQVRIVDWLVI\LQJWKHÀQDQFLDOUHVSRQ-
sibility requirements shall be imprisoned for
QROHVVWKDQWKUHHFRQVHFXWLYHGD\V,QQRFDVH
shall the execution of the punishment imposed
by this section be suspended by the court, nor
shall any person subject to such punishment
EHVHQWHQFHGWRSUREDWLRQE\WKHFRXUW
(4) A person who is convicted for violation
RIWKLVVHFWLRQLVVXEMHFWWR256LI
the person does not make future responsibility
ÀOLQJVDVUHTXLUHGE\WKDWVHFWLRQ
(5) The offense described in this section,
IDOVLÀFDWLRQRIÀQDQFLDOUHVSRQVLELOLW\LVD
 +DYHEHFRPHÀQDOE\H[SLUDWLRQZLWKRXW
appeal, of the time within which an appeal
PLJKWKDYHEHHQSHUIHFWHGRUE\ÀQDODIÀUPD-
tion on appeal;
(2) Be rendered by a court of competent
jurisdiction of any state or of the United States;
(3) Be upon a cause of action for damages
of the type described under subsection (4) of
this section or upon a cause of action on an
agreement of settlement for such damages; and
(4) Be for one or more of the following kinds
of damage arising out of a motor vehicle acci-
GHQWRQSXEOLFRUSULYDWHSURSHUW\ giving false information about liability
(a) Damages, including damages for care
and loss of services, because of bodily injury
WRRUGHDWKRIDQ\SHUVRQ
(b) Damages because of injury to or destruc-
tion of property, including the loss of use
WKHUHRI>F†F†
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806.050 Falsification of financial
responsibility; penalty. (1) A person com-
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responsibility if the person does any of the
IROORZLQJ of the ownership, operation, maintenance or
(a) Forges or, without authority, signs any
HYLGHQFHRISURRIRIFRPSOLDQFHZLWKÀQDQFLDO
UHVSRQVLELOLW\UHTXLUHPHQWV
of subsection (1)(c) of this section is a Class
$PLVGHPHDQRU>F†F
†F†F†@
806.055 Giving false information about
OLDELOLW\LQVXUDQFHWRSROLFHRIÀFHUSHQ-
alty. (1) A person commits the offense of giving
false information about liability insurance to
DSROLFHRIÀFHULIWKHSHUVRQNQRZLQJO\JLYHV
false information about the person’s motor
vehicle liability insurance coverage to any
SROLFHRIÀFHUZKRLVHQIRUFLQJPRWRUYHKLFOH
ODZV
(2) The offense described in this section,
LQVXUDQFHWRDSROLFHRIÀFHULVD&ODVV%PLV-
GHPHDQRU>F†@
REQUIREMENTS
(Generally)
806.060 Methods of compliance. A
person who is required to comply with the
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVRIWKLV
state must be able to respond in damages,
in amounts required under this section, for
liability on account of accidents arising out
use of motor vehicles and must establish that
ability by one of the methods required by this
VHFWLRQ$OORIWKHIROORZLQJDSSO\WRWKHÀQDQ-
FLDOUHVSRQVLELOLW\UHTXLUHPHQWVRIWKLVVWDWH
 E)LOHVRURIIHUVIRUÀOLQJDQ\HYLGHQFHRI
SURRIRIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVL-
bility requirements knowing or having reason
to believe that the proof is forged or signed
ZLWKRXWDXWKRULW\
  7R PHHW WKH ÀQDQFLDO UHVSRQVLELOLW\
requirements, a person must be able to respond
in damages in amounts not less than those
established under the payment schedule under
256
 F.QRZLQJO\FHUWLÀHVIDOVHO\WRWKHH[LV-
tence of motor vehicle liability insurance
PHHWLQJWKHUHTXLUHPHQWVXQGHU256
RUVRPHRWKHUPHDQVRIVDWLVI\LQJWKHÀQDQ-
cial responsibility requirements or making a
ÀQDQFLDOUHVSRQVLELOLW\ÀOLQJ
 $SHUVRQPD\RQO\FRPSO\ZLWKWKHÀQDQ-
cial responsibility requirements of this state
by establishing the required ability to respond
LQGDPDJHVLQRQHRIWKHIROORZLQJZD\V
(a) Obtaining a motor vehicle liability policy
PHHWLQJWKHUHTXLUHPHQWVXQGHU256
 $GHQLDORIFRYHUDJHVLJQHGE\DQRIÀFHU
or agent of an insurer, returned to the Depart-
ment of Transportation after inquiry from the
GHSDUWPHQWDVWRWKHDFFXUDF\RIDFHUWLÀFDWLRQ
of the existence of liability insurance under
256RULVSULPDIDFLHHYLGHQFH
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(3) Any person convicted of knowingly certi-
fying falsely to the existence of motor vehicle
Title 59 Page 118
that will provide at least minimum limits nec-
essary to pay amounts established under the
SD\PHQWVFKHGXOHXQGHU256
(b) Becoming self-insured as provided under
256>F†F†
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(2015 Edition)
 ),1$1&,$/5(63216,%,/,7</$:  

806.070 Minimum payment schedule. (1)  D,WPXVWEHDSROLF\RUSDUWRIDSROLF\

This section establishes a schedule of payments designating, by explicit description or by appro-
IRUWKHIROORZLQJSXUSRVHV priate reference, all motor vehicles for which
(a) An insurance policy described under FRYHUDJHLVSURYLGHGE\WKHSROLF\
256PXVWSURYLGHIRUSD\PHQWRIDW
least amounts necessary to cover the minimum
required payments under this section to qual-
LI\IRUXVHIRUÀQDQFLDOUHVSRQVLELOLW\XQGHU
256
(b) A person who is self-insured under ORS
PXVWDJUHHWRSD\DFFRUGLQJWRWKH
SD\PHQWVFKHGXOHHVWDEOLVKHGE\WKLVVHFWLRQ
(c) The payment schedule is the minimum
required payment of a judgment for purposes
RI256DQG
 E,WPXVWLQVXUHWKHQDPHGLQVXUHGDQGDOO
other persons insured under the terms of the
policy against loss from the liabilities imposed
by law for damages arising out of the owner-
ship, operation, use or maintenance of those
motor vehicles by persons insured under the
SROLF\7KHSROLF\PXVWLQFOXGHLQLWVFRYHUDJH
all persons who, with the consent of the named
insured, use the motor vehicles insured under
WKHSROLF\H[FHSWIRUDQ\SHUVRQVSHFLÀFDOO\
H[FOXGHGIURPFRYHUDJHXQGHU256
 F,WPXVWSURYLGHWKHPLQLPXPOLPLWVRI
 7KHVFKHGXOHRISD\PHQWVLVDVIROORZV FRYHUDJHUHTXLUHGXQGHU256
(a) $25,000 because of bodily injury to or (2) The requirements for the insurance may
death of one person in any one accident; EHIXOÀOOHGE\WKHSROLFLHVRIRQHRUPRUHLQVXU-
(b) Subject to that limit for one person, ance carriers which policies together meet such
$50,000 because of bodily injury to or death UHTXLUHPHQWV>F†F†@
of two or more persons in any one accident; and 806.090>F†F†
(c) $20,000 because of injury to or destruc- UHSHDOHGE\F†@
tion of the property of others in any one 806.100>F†F†
DFFLGHQW>F†F† UHSHDOHGE\F†@
F†F†F†
F†@ 806.110>F†UHSHDOHGE\
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806.075 Insurance requirements for
SHUVRQFRQYLFWHGRIGULYLQJXQGHULQÁX- 806.115>F†UHSHDOHGE\
ence of intoxicants. Notwithstanding any F†@
other provision of this chapter, a person 806.120>F†F†
FRQYLFWHGRIGULYLQJXQGHUWKHLQÁXHQFHRI UHSHDOHGE\F†@
LQWR[LFDQWVXQGHU256LVVXEMHFWWR
the following requirements for the method of (Self-Insurance)
complying with and the amounts needed to
PHHWÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVDQG 806.130 Self-insurance. (1) To qualify as
DVHOILQVXUHUIRUSXUSRVHVRIÀQDQFLDOUHVSRQ-
IRUWKHGXUDWLRQRIIXWXUHUHVSRQVLELOLW\ÀOLQJV
VLELOLW\UHTXLUHPHQWVXQGHU256D
  7KH SHUVRQ PXVW KDYH D FHUWLÀFDWH SHUVRQPXVWGRDOORIWKHIROORZLQJ
RU FHUWLÀFDWHV RI LQVXUDQFH WKDW PHHW WKH
UHTXLUHPHQWVRI256H[FHSWWKDWWKH (a) Apply to the Department of Trans-
FHUWLÀFDWHRUFHUWLÀFDWHVPXVWVKRZWKDWWKH portation and be issued by the department
person is covered by insurance that provides D FHUWLÀFDWH RI VHOILQVXUDQFH XQGHU 256
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(a) $50,000 because of bodily injury to or  E(LWKHU
death of one person in any one accident;  $ (VWDEOLVK WR WKH VDWLVIDFWLRQ RI WKH
(b) Subject to that limit for one person, department that the person possesses and
$100,000 because of bodily injury to or death will continue to possess the ability to pay and
of two or more persons in any one accident; anddischarge judgments described under ORS
WKDWPLJKWEHREWDLQHGDJDLQVWWKH
(c) $10,000 because of injury to or destruc-applicant; or
tion of the property of others in any one
DFFLGHQW  %%HTXDOLÀHGXQGHUWKHODZVRIWKH6WDWH
of Oregon or under an ordinance of a city of this
(2) The person must maintain future respon- state to act as a self-insurer and be acting as
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section for a period of three years from the date (c) Agree to provide the same coverage and
to pay the same amounts with respect to an
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force that an insurer would be obligated to
(Insurance) provide and to pay under a motor vehicle lia-
bility insurance policy, including providing the
806.080 Insurance. (1) A motor vehicle FRYHUDJHUHTXLUHGXQGHU256E
liability insurance policy used to comply with and uninsured motorist coverage and liability
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVXQGHU FRYHUDJHWRDWOHDVWWKHOLPLWVVSHFLÀHGLQ256
256PXVWPHHWDOORIWKHIROORZLQJ 
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Title 59 Page 119 (2015 Edition)

 OREGON VEHICLE CODE

(d) Have more than 25 motor vehicles includ- (a) Have been convicted of violating ORS
ing commercial buses registered in the person’s 
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in force, the liability protection provided and
the amounts paid under subsection (1)(c) of
this section are secondary to any motor vehi-
cle liability insurance or uninsured motorist
coverage available to a customer of the self-in-
DQFHZLWKÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
that have been previously found to be incorrect;
or
(c) The department has reasonable grounds
WREHOLHYHDUHQRWLQFRPSOLDQFHZLWKÀQDQFLDO
UHVSRQVLELOLW\UHTXLUHPHQWV
surer, an operator of the self-insured vehicle or
an occupant of the self-insured vehicle unless
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self-insurer is required to provide the mini-
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bility insurance policy of a customer of the
self-insurer or an operator of the self-insured
vehicle does not provide the minimum required
SD\PHQWVHVWDEOLVKHGLQ256DQG

(b) A self-insurer may recover from a cus-
tomer of the self-insurer or an operator of the
self-insured vehicle the amounts paid under
 :KHQDYHKLFOHLVVHOHFWHGIRUYHULÀFDWLRQ
under this section, the department shall mail
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256WRWKHUHJLVWHUHGRZQHURIWKH
vehicle notifying the owner that the vehicle has
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owner to respond within 30 days and certify
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responsibility requirements as of the date of
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(4) Failure of an owner either to return
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(3) Nothing in this section requires a self-in-
surer to provide liability coverage when a
person is operating the vehicle without per-
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 &HUWLÀFDWHLVVXDQFHFDQFHOOD-
tion. (1) The Department of Transportation
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responsibility requirements to the department
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reasonable grounds for the department to pro-
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(5) The department shall investigate all cer-
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of self-insurance issued under this section upon
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reasonable grounds for cancellation under this
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ant to such notice before the department may
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ENFORCEMENT
806.150 Department verif ication
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The program established by the department
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insurer or any of its employees for reports
made to the department under this section
when the reports are made in good faith based
on the most recent information available to the
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ance. (1) The Department of Transportation
department, within 30 days after the date of
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department may emphasize, in accordance
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the mailing of the demand, with satisfactory
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date of the letter from the department under
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grounds to believe that the person was or is
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Title 59 Page 120 (2015 Edition)

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proof within the required time, the person is
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made to the department under this section
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after receiving a request from the department DGRSWHGXQGHUWKLVVHFWLRQVKDOOEH
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penalty. (1) A person commits the offense of
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person involved in accident who is in vio-
lation of ORS 806.010; civil liability. (1)
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ORS chapter 731, in this state shall report to
the Department of Transportation any person
(a) The person is the owner or driver of a
motor vehicle involved in an accident;
(b) At the time of the accident the vehicle

(c) The person does not make a future
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accident; and
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subject to this section, the registration of the
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reason to believe that a person was involved
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ing exemption furnishes to the Department of
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Title 59 Page 121 (2015 Edition)

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(1) At the time of the accident the driver
was operating a vehicle owned by or leased to
and operated under the direction of the United
States of America, this state or any municipal-
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(2) At the time of the accident the vehicle
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to suspension of driving privileges under ORS

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being operated under a permit issued by the this section, the person required to make the
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vehicle was being operated without the own-
er’s permission, expressed or implied, or was
parked by a person who had been operating
such vehicle without the owner’s permission
unless the vehicle at the time of its taking had
been left unattended in a condition prohibited
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requirements of this section and must main-
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requirements as of the date of the letter of
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endorse restrictions, as appropriate, on any
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shall suspend the driving privileges of the
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applicable, any registration as provided under
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termination of the requirement to maintain a
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of Transportation shall terminate require-
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this section, a violator of this section is subject DQ\RIWKHIROORZLQJRFFXUV

Title 59 Page 122 (2015 Edition)

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 7KHSHUVRQRQZKRVHEHKDOIWKHÀOLQJ minimum coverage necessary for payment of

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(2) More than three years have passed from  F7KHFHUWLÀFDWHPXVWVKRZWKDWWKHSHUVRQ
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of an error committed by the department; or all other persons who, with the consent of the
insured, use the vehicles owned by the person
 E7KHSHUVRQZDVUHTXLUHGWRÀOHEHFDXVH PDNLQJWKHÀOLQJRU
of an error committed by an insurance com-
pany in notifying the department regarding  %,QVXUHGDJDLQVWORVVDULVLQJIURPOLD-
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(a) That the person was in fact in compliance FHUWLÀFDWLRQ
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good faith believed that the person was in  H7KHFHUWLÀFDWHPXVWSURYLGHWKDWWKH
compliance with financial responsibility insurers will give the Department of Trans-
requirements on the date of the department’s portation notice of any cancellation of the
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(a) That the person was in fact in compliance all vehicles that are registered in the name of
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the time of the accident; or are in storage and for which the current regis-
(b) That the person reasonably and in good tration plates and cards have been surrendered
faith believed that the person was in compli- WRWKHGHSDUWPHQW
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authorized to do business in this state
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from an insurer that is not authorized to do
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ness. $FHUWLÀFDWHRILQVXUDQFHWKDWLVXVHG HOLJLEOHVXUSOXVOLQHVLQVXUHUDVGHÀQHGLQ256
WR FRPSO\ ZLWK IXWXUH UHVSRQVLELOLW\ ÀOLQJ RUDULVNUHWHQWLRQJURXSDVGHÀQHGLQ
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required to make the future responsibility requirements is terminated with respect to any
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if the operator or vehicle is also covered by an

Title 59 Page 123 (2015 Edition)

 OREGON VEHICLE CODE

insurance policy subsequently procured and (b) The person neglects to furnish other
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The date of termination under this section is UHTXHVWRIWKHGHSDUWPHQW
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806.300 Failure to surrender license
and registration on cancellation of future
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commits the offense of failure to surrender
license and registration on cancellation of
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not immediately return the person’s license
or driver permit and registration to the
Department of Transportation when any of
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(a) A policy of insurance required under ORS
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department the license, driver permit or regis-
tration, the department may request any peace
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(3) The offense described in this section,
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Title 59 Page 124 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6

Chapter 807

(',7,21
DRIVING PRIVILEGES AND IDENTIFICATION CARDS

REQUIREMENT 807.130 Expiration

807.010 Operating vehicle without driving
privileges or in violation of license
restrictions; penalty
STATUTORY PRIVILEGES
807.018 Persons considered to hold commer-
cial driving privileges
807.020 Exemptions from requirement to have
Oregon license or permit
807.135 Expiration of license held by Oregon
National Guard member or military
reservist
807.137 Expiration of license held by person
volunteering outside of United States
807.140 Notice prior to expiration; exceptions;
effect of failure to notify; records
807.150 Renewal; proof of address; rules
807.160 Replacement license or permit; rules;
fees

(Endorsements)
ESTABLISHMENT OF IDENTITY
807.170 Requirements for issuance; fees;
807.021 Proof of legal presence; rules cancellation
 9HULÀFDWLRQRILGHQWLW\VRXUFH 807.173 Additional requirements for hazard-
documents ous materials endorsement; rules
807.024 Collection of biometric data; estab- 807.175 Motorcycle education course
lishment of person’s identity; rules;
immunity
(Permits)
807.026 Management of biometric data
807.200 Types of permit
807.210 Disability golf cart permit; fees
LICENSES, ENDORSEMENTS
AND PERMITS 807.220 Emergency driver permit; fees
807.230 Special student driver permit; fees
(Licenses) 807.240 Hardship permit; fees; rules
807.031 Classes of license 807.250 Restrictions on issuance of hardship
permit
807.035 Kinds of endorsements
807.252 Restrictions on issuance of hardship
807.036 Exceptions to endorsement require- permit to person convicted of assault
ment for tow vehicle operator in second, third or fourth degree
807.038 School bus endorsement exception 807.260 Notice to police about hardship
807.040 Requirements for issuance; rules; fees permit holders and limitations on
807.045 Issuance of commercial license to permits
person who holds out-of-state com- 807.270 Probationary driver permit; fee; rules
mercial license 807.280 Instruction driver permit; fees
807.050 Application; proof of address; rules 807.285 Commercial learner driver permit;
807.060 Eligibility fees
807.062 Domicile or residency requirement 807.290 Special temporary instruction driver
for driver license permit; fees
807.065 Additional eligibility requirements 807.310 Applicant temporary permit; rules
for persons under 18 years of age; pro- 807.320 Court issued temporary driver permit
visional driver license
807.330 Court bail driver permit
807.066 School requirements for persons
under 18 years of age (Continuing Eligibility)
807.070 Examinations
807.340 Reestablishment of eligibility; effect
807.072 Waiver of certain examinations, tests of failure to reestablish; waiver of fee
and demonstrations; rules
807.350 Cancellation of privileges; issuance of
 'ULYHUFRPSHWHQF\WHVWLQJFHUWLÀ- more limited license or permit
cates; waiver of demonstration test
IRUSHUVRQVFHUWLÀHGUXOHVIHHV
(Persons With Limited Vision)
807.090 Establishing eligibility notwithstand-
ing mental or physical condition or  'HÀQLWLRQV
impairment 807.359 Special limited vision condition
 3URRIRIPHGLFDOTXDOLÀFDWLRQUXOHV learner’s permit
807.110 Contents of license; rules 807.363 Issuance of driver license to person
with limited vision condition
807.115 Duplicate images of photographs
807.368 Form of permit; rehabilitation train-
807.120 Restrictions generally
ing specialists; rules
807.122 Restrictions on operation with provi-
807.369 Driving at night
sional driver license

Title 59 Page 125 (2015 Edition)

 OREGON VEHICLE CODE

FEES 807.570 Failure to carry or present license;

penalty
807.370 License, endorsement and permit fees
807.580 Using invalid license; penalty
807.375 Additional fee for collection and veri-
ÀFDWLRQRIELRPHWULFGDWD 807.590 Permitting misuse of license; penalty
807.390 Waiver of certain fees; rules 807.600 Using another’s license; penalty
807.610 Employing or providing vehicle to
IDENTIFICATION CARDS XQTXDOLÀHGGULYHUSHQDOW\
807.620 Giving false information to police
807.400 Issuance; application; proof of
RIÀFHUSHQDOW\
address; contents; renewal; fee; valid-
ity; replacement; cancellation; rules
MISCELLANEOUS
 $SSOLFDQWWHPSRUDU\LGHQWLÀFDWLRQ
card; rules  1RWLÀFDWLRQWRGHSDUWPHQWDVWR
807.410 Fees released persons with mental retar-
dation or mental illness who are
807.420 Failure to notify department on licensed operators
change of name or address; rules;
penalty 807.710 Reports of persons with cognitive or
functional impairment; rules; forms
 0LVXVHRILGHQWLÀFDWLRQFDUGSHQDOW\
807.720 Filing of death records with
department
OFFENSES
 ,VVXDQFHRIÀFWLWLRXVGULYHUOLFHQVHV
807.500 Unlawful production of certain docu- DQGLGHQWLÀFDWLRQFDUGVUXOHVIHHV
PHQWVDIÀUPDWLYHGHIHQVHSHQDOW\
807.730 Issuance of limited term driver
807.510 Transfer of documents for purposes OLFHQVHVDQGLGHQWLÀFDWLRQFDUGV
of misrepresentation; penalty
807.735 Providing assistance to applicants for
807.520 False swearing to receive license; driver licenses, driver permits and
penalty LGHQWLÀFDWLRQFDUGV
807.530 False application for license; penalty 807.745 Findings regarding personal infor-
807.540 Failure to surrender prior license; mation contained in driver licenses,
penalty GULYHUSHUPLWVDQGLGHQWLÀFDWLRQ
cards
807.550 Holding multiple licenses; penalty
807.750 Restrictions on swiping driver
807.560 Failure to notify department upon OLFHQVHVRULGHQWLÀFDWLRQFDUGV
change of address or name; rules;
penalty

Title 59 3DJH (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

REQUIREMENT F†HQDFWHGLQOLHXRIF†

F†F†F†
807.010 Operating vehicle without driv- F†@
ing privileges or in violation of license
restrictions; penalty. (1) A person commits
the offense of operating a vehicle without driv- STATUTORY PRIVILEGES
ing privileges if the person operates a motor
vehicle upon a highway or premises open to 807.018 Persons considered to hold
the public in this state and the person does not
have an appropriate grant of driving privileges
from this state in the form of a license, driver
permit, endorsement or statutory grant of driv-
ing privileges allowing the person to engage in
WKHSDUWLFXODUW\SHRIRSHUDWLRQ
(2) A person to whom a license or driver
permit is issued commits the offense of violat-
ing license restrictions if the person operates
a motor vehicle in any manner that violates
restrictions that are placed upon the person’s
driving privileges by the Department of Trans-
SRUWDWLRQXQGHU256RUE\D
FRXUWXQGHU256RURUE\WKH
YHKLFOHFRGH
commercial driving privileges. ([FHSW
as provided in subsections (2) and (3) of this
section, a person holds commercial driving
privileges for the purposes of the Oregon
Vehicle Code if the person’s most recently
issued driver license or driver permit is or
was a commercial driver license or com-
mercial learner driver permit issued by the
Department of Transportation or the licensing
agency of another jurisdiction, without regard
WRZKHWKHU
(a) The person’s commercial driver license
has expired; or
(b) The person’s commercial driving privi-
OHJHVDUHVXVSHQGHGFDQFHOHGRUUHYRNHG
(3) Nothing in this section is applicable to
a person who is driving while suspended or
UHYRNHGLQYLRODWLRQRI256RU
3HUVRQVZKRYLRODWH256RU
are subject to the provisions and penalties
provided therein and are not subject to the
SHQDOWLHVDQGSURYLVLRQVRIWKLVVHFWLRQ
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, a person does not hold commer-
cial driving privileges for the purposes of the
2UHJRQ9HKLFOH&RGHLI
(a) The person has voluntarily surrendered
commercial driving privileges and has been
issued a noncommercial driver license or driver
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, the offense described in subsection
(1) of this section, operating a vehicle without
GULYLQJSULYLOHJHVLVD&ODVV%WUDIÀFYLRODWLRQ
(5) The offense described in subsection (1)
of this section, operating a vehicle without
driving privileges, that results from a person
operating a motorcycle without a motorcycle
HQGRUVHPHQWLVD&ODVV$WUDIÀFYLRODWLRQ
permit by the department or the licensing
agency of another jurisdiction; or
(b) The person’s commercial learner driver
permit has expired and the person’s most
recently issued driver license was not a com-
PHUFLDOGULYHUOLFHQVH
(3) A person holds commercial driving priv-
ileges for the purposes of the Oregon Vehicle
&RGHLI
 D7KHFRXUWVKDOOVXVSHQGDÀQHLPSRVHG
under subsection (5) of this section on the con- (a) The person’s commercial driving privi-
dition that the person, within 120 days of the leges have been suspended, canceled or revoked
GDWHRIVHQWHQFLQJ by the department or the licensing agency of
another jurisdiction; and
(A) Complete a motorcycle education course
established by the department under ORS (b) The person has been issued a hardship
DQG SHUPLWXQGHU256RUDFRPSDUDEOH
law of another jurisdiction that authorizes the
(B) Obtain a motorcycle endorsement issued SHUVRQWRGULYHQRQFRPPHUFLDOPRWRUYHKLFOHV
XQGHU256 >F†@
(b) The court shall set a hearing date for 807.020 Exemptions from require-
GD\VIURPWKHGDWHRIVHQWHQFLQJ$WWKH ment to have Oregon license or permit.
KHDULQJWKHFRXUWVKDOO A person who is granted a driving privilege by
 $,IWKHSHUVRQKDVVXFFHVVIXOO\FRPSOHWHG this section may exercise the driving privilege
the requirements described in paragraph (a) described without violation of the requirements
$DQG%RIWKLVVXEVHFWLRQGLVPLVVWKHÀQH XQGHU256$JUDQWRIGULYLQJSULY-
imposed under subsection (5) of this section; or ileges to operate a motor vehicle under this
section is subject to suspension and revocation
 % ,I WKH SHUVRQ KDV QRW VXFFHVVIXOO\ the same as other driving privileges granted
completed the requirements described in para- XQGHUWKHYHKLFOHFRGH7KLVVHFWLRQLVLQDGGL-
JUDSKD$DQG%RIWKLVVXEVHFWLRQ tion to any exemptions from the vehicle code
(i) Grant the person an extension based on XQGHU2567KHIROORZLQJSHUVRQVDUH
good cause shown; or JUDQWHGWKHGHVFULEHGGULYLQJSULYLOHJHV
 LL,PSRVHWKHÀQHXQGHUVXEVHFWLRQRI
WKLVVHFWLRQ
(7) The offense described in subsection (2)
of this section, operating in violation of license
UHVWULFWLRQVLVD&ODVV%WUDIÀFYLRODWLRQ>
(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
LVVXHGWRWKHSHUVRQ)RUWKHSXUSRVHRIWKLV

Title 59 Page 127 (2015 Edition)

 OREGON VEHICLE CODE

subsection, a person is a resident of this state current out-of-state license or driver permit
if the person meets the residency requirements in the person’s possession that is issued to the
GHVFULEHGLQ2567RTXDOLI\XQGHU person by the person’s state of domicile or by
this subsection, the person must have the out- the Armed Forces of the United States in a
of-state license or driver permit in the person’s IRUHLJQFRXQWU\'ULYLQJSULYLOHJHVGHVFULEHG
SRVVHVVLRQ$SHUVRQLVQRWJUDQWHGGULYLQJ under this subsection that are granted by the
SULYLOHJHVXQGHUWKLVVXEVHFWLRQ Armed Forces apply only for a period of 45 days
 D,IWKHSHUVRQLVXQGHUWKHPLQLPXPDJH
required to be eligible for driving privileges
XQGHU256 (13) A person who does not hold a motorcycle
(b) During a period of suspension or revoca-
tion 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
OLFHQVHRUGULYHUSHUPLW
(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 is operating a motor vehicle in
the course of the person’s duties in the Armed
)RUFHV
from the time the person returns to the United
6WDWHV
endorsement may operate a motorcycle if the
SHUVRQLV
(a) Within an enclosed cab; or
(b) Operating a vehicle designed to travel
with three wheels in contact with the ground
DWVSHHGVRIOHVVWKDQPLOHVSHUKRXU
(14) A person may operate a bicycle that is
not an electric assisted bicycle without any
JUDQWRIGULYLQJSULYLOHJHV
(15) A person may operate an electric
assisted bicycle without a driver license or
GULYHUSHUPLWLIWKHSHUVRQLV\HDUVRIDJH
RUROGHU
(3) A person without a license or driver
permit may operate a road roller or road
machinery that is not required to be registered
XQGHUWKHODZVRIWKLVVWDWH
(4) A person without a license or driver
permit may temporarily operate, draw, move
or propel a farm tractor or implement of
KXVEDQGU\
(5) A person without a license or driver
permit may operate a motor vehicle to demon-
strate driving ability during the course of an
H[DPLQDWLRQDGPLQLVWHUHGXQGHU256
for the purpose of qualifying for a license or
GULYHUSHUPLW7KLVVXEVHFWLRQRQO\DSSOLHV
when an authorized examiner is in a seat
EHVLGHWKHGULYHURIWKHPRWRUYHKLFOH
 $SHUVRQPD\RSHUDWHDPRWRUDVVLVWHG
scooter without a driver license or driver
SHUPLWLIWKHSHUVRQLV\HDUVRIDJHRUROGHU
(17) 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 instruc-
WLRQGULYHUSHUPLWLVVXHGWRWKHSHUVRQ)RU
the purpose of this subsection, a person is a
resident of this state if the person meets the
residency requirements described in ORS
$SHUVRQRSHUDWLQJDPRWRUYHKLFOH
under authority of this subsection has the same
privileges and is subject to the same restric-
 'ULYLQJSULYLOHJHVIRUVQRZPRELOHVDUH tions as a person operating under the authority
H[FOXVLYHO\DVSURYLGHGLQ256 of a Class C instruction driver permit issued
DVSURYLGHGLQ256
 'ULYLQJSULYLOHJHVIRU&ODVV,DOOWHUUDLQ
vehicles are exclusively as provided in ORS (18) A person may operate an electric per-
 sonal assistive mobility device without any
JUDQWRIGULYLQJSULYLOHJHVLIWKHSHUVRQLV
 'ULYLQJSULYLOHJHVIRU&ODVV,,,DOOWHU- \HDUVRIDJHRUROGHU>F†
rain vehicles are exclusively as provided in FF†F†
256 F†F†F†
 'ULYLQJSULYLOHJHVIRU&ODVV,9DOOWHU-
rain vehicles are exclusively as provided in
256
(10) A person without a license or driver
permit may operate a golf cart in accordance
F†F†F†
F†F†F†@
ESTABLISHMENT OF IDENTITY
807.021 Proof of legal presence; rules.
ZLWKDQRUGLQDQFHDGRSWHGXQGHU256 ([FHSWDVSURYLGHGLQ256
(11) 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
VWDWHLQWKHVSRXVH·VSRVVHVVLRQ
(12) 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
Title 59 Page 128
DQGSULRUWRLVVXLQJUHQHZLQJRU
replacing any driver license, driver permit or
LGHQWLÀFDWLRQFDUGWKH'HSDUWPHQWRI7UDQV-
portation shall require a person to provide
the Social Security number assigned to the
person by the United States Social Security
Administration and proof of legal presence in
the United States or, if the person is not eligi-
ble for a Social Security number, proof of legal
presence in the United States and proof that
(2015 Edition)
 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

the person is not eligible for a Social Security replacement of a valid driver license or driver
QXPEHU SHUPLWZLWKRXWWKHFROOHFWLRQRIELRPHWULFGDWD
(2) For the purposes of subsection (1) of this (3) For purposes of this section, a person’s
VHFWLRQ LGHQWLW\LVHVWDEOLVKHGLI
(a) A person provides proof of legal presence
in the United States by submitting valid doc-
XPHQWDWLRQDVGHÀQHGE\WKHGHSDUWPHQWE\
rule, that the person is a citizen or permanent
legal resident of the United States or is other-
 D7KHGHSDUWPHQWÀQGVWKDWWKHELRPHWULF
data collected as required under subsection (1)
of this section match the biometric data that
are already in the department’s records for that
person; or
wise legally present in the United States in
DFFRUGDQFHZLWKIHGHUDOLPPLJUDWLRQODZV
(b) A member of a federally recognized tribe
ORFDWHGLQ2UHJRQRUZLWKDQ2UHJRQDIÀOLDWLRQ
PD\VXEPLWDWULEDOLGHQWLÀFDWLRQFDUGDVSURRI
of legal presence in the United States if the
department determines that the procedures
 E7KHGHSDUWPHQWÀQGVWKDWWKHELRPHWULF
data collected as required under subsection (1)
of this section do not match biometric data in
the department’s records for any other person
and the department does not otherwise have
reason to believe that the person is not who
WKHSHUVRQFODLPVWREH
XVHGLQLVVXLQJWKHFDUGDUHVXIÀFLHQWWRSURYH  ,IDSHUVRQ·VLGHQWLW\LVHVWDEOLVKHGDV
that a member is legally present in the United described in subsection (3) of this section, the
6WDWHV department shall mail the driver license, driver
 F,IDSHUVRQLVQRWHOLJLEOHIRUD6RFLDO SHUPLWRULGHQWLÀFDWLRQFDUGWRWKHDGGUHVVSUR-
Security number, the person shall provide vided by the person when the person applied
SURRIDVGHÀQHGE\WKHGHSDUWPHQWE\UXOH for the issuance, renewal or replacement of the
that the person is not eligible for a Social Secu- OLFHQVHSHUPLWRULGHQWLÀFDWLRQFDUG
ULW\QXPEHU  ,IDSHUVRQ·VLGHQWLW\LVQRWHVWDEOLVKHG
(3) The department may issue, renew or as described in subsection (3) of this section,
replace a driver license, driver permit or WKHGHSDUWPHQWVKDOO
LGHQWLÀFDWLRQFDUGIRUDQDSSOLFDQWZKRKDV
submitted a Social Security number only after
WKHGHSDUWPHQWYHULÀHVWKH6RFLDO6HFXULW\
number with the United States Social Security
$GPLQLVWUDWLRQ,QRUGHUWRYHULI\WKHSHUVRQ·V
Social Security number, the department may
UHTXLUHWKHSHUVRQWRSURYLGHSURRIDVGHÀQHG
E\UXOHRIWKHSHUVRQ·V6RFLDO6HFXULW\QXPEHU
 D ,QIRUP WKH SHUVRQ ZKR VXEPLWWHG WR
collection of biometric data that the person’s
identity was not established; and
(b) Provide the person with the opportunity
to establish the person’s identity by an alter-
native method approved by the department by
UXOH
(4) This section does not apply if the depart-
PHQWSUHYLRXVO\YHULÀHGWKH6RFLDO6HFXULW\
number as required by subsection (3) of this
section and the person applying for the driver
OLFHQVHGULYHUSHUPLWRULGHQWLÀFDWLRQFDUGLV
a citizen or permanent legal resident of the
8QLWHG6WDWHV>F†F†@
 9HULÀFDWLRQRILGHQWLW\VRXUFH
documents. Prior to issuing, renewing or
replacing a driver license, driver permit or
LGHQWLÀFDWLRQFDUGWKH'HSDUWPHQWRI7UDQV-
portation may verify with the issuing agency
the validity and completeness of each identity
VRXUFHGRFXPHQWSUHVHQWHGE\WKHDSSOLFDQW
>F†@
807.024 Collection of biometric data;
establishment of person’s identity; rules;
immunity. (1) A person who applies for issu-
ance, renewal or replacement of a driver
OLFHQVHGULYHUSHUPLWRULGHQWLÀFDWLRQFDUG
shall submit to collection of biometric data
by the Department of Transportation for the
SXUSRVHRIHVWDEOLVKLQJWKHSHUVRQ·VLGHQWLW\
Submitting to collection of biometric data
under this section does not excuse a person
from responsibility for complying with require-
ments for proof of identity, age or residence
SXUVXDQWWR256
(2) Notwithstanding subsection (1) of this
 ,IDSHUVRQ·VLGHQWLW\ZDVQRWHVWDEOLVKHG
as described in subsection (3) of this section
and the department has reason to believe
that the crime of identity theft, as described
LQ256ZDVFRPPLWWHGE\WKHSHUVRQ
currently submitting to collection of biometric
data or by a person who previously submitted to
collection of biometric data under the identity
of the person currently submitting to collection
of biometric data, the department shall notify
a law enforcement agency that has jurisdiction
RYHUWKHFULPH
(7) The department by rule shall establish
procedures for providing expedited processing
RIGULYHUOLFHQVHVGULYHUSHUPLWVRULGHQWLÀFD-
WLRQFDUGV
(8) The department and employees of the
department are immune from liability for any
damages resulting from the issuance, renewal
or replacement of a driver license, driver
SHUPLWRULGHQWLÀFDWLRQFDUGXQGHUDQRWKHU
person’s identity if the employee who processed
the biometric data for a license, permit or
LGHQWLÀFDWLRQFDUGHVWDEOLVKHGWKHDSSOLFDQW·V
identity as described in subsection (3) of this
VHFWLRQ>F†F†@
807.026 Management of biometric data.
(1) The Department of Transportation shall
retain biometric data collected by the depart-
VHFWLRQDQG256FWKHGHSDUWPHQW ment in the course of issuing, renewing or
by rule, may provide for issuance, renewal or replacing driver licenses, driver permits and
LGHQWLÀFDWLRQFDUGV

Title 59 Page 129 (2015 Edition)

 OREGON VEHICLE CODE

(2) The biometric data may not be made (1) A motorcycle endorsement authorizes a
available to anyone other than employees of SHUVRQWRRSHUDWHDQ\PRWRUF\FOH
WKHGHSDUWPHQWDFWLQJLQDQRIÀFLDOFDSDFLW\ (2) A hazardous materials endorsement
>F†@ authorizes a person to operate a vehicle trans-
807.030 > F †  F † SRUWLQJKD]DUGRXVPDWHULDOV
UHSHDOHGE\F†@ (3) A tank vehicle endorsement authorizes
DSHUVRQWRRSHUDWHWDQNYHKLFOHV
LICENSES, ENDORSEMENTS (4) A passenger endorsement authorizes a
$1'3(50,76 person to operate a vehicle that is designed to
WUDQVSRUWRUPRUHSHUVRQVLQFOXGLQJWKH
(Licenses) GULYHUEXWWKDWLVQRWDVFKRROEXV
807.031 Classes of license. The following (5) A school bus endorsement authorizes a
OLFHQVHVJUDQWWKHGULYLQJSULYLOHJHVGHVFULEHG person to operate a school bus if the person
(1) A Class A commercial driver license DOVRKROGVDYDOLGSDVVHQJHUHQGRUVHPHQW
authorizes a person to operate any vehicle  $GRXEOHDQGWULSOHWUDLOHUHQGRUVHPHQW
or combination of vehicles except that the authorizes a person to operate a commercial
person may not operate any vehicle for which motor vehicle with double and triple trailer
an endorsement is required unless the person FRPELQDWLRQV
REWDLQVWKHHQGRUVHPHQW
(7) A combined endorsement authorizes a
(2) A Class B commercial driver license person to operate a tank vehicle, transport
authorizes a person to operate any single vehi- hazardous materials and transport hazardous
cle and to tow a vehicle that is not in excess of PDWHULDOVLQDWDQNYHKLFOH
SRXQGVJURVVYHKLFOHZHLJKWUDWLQJ7KH
person may not operate any vehicle for which (8) A Class A farm endorsement authorizes
an endorsement is required unless the person DSHUVRQWR
REWDLQVWKHHQGRUVHPHQW (a) Operate or tow any vehicle that can be
(3) A Class C commercial driver license operated by the holder of a Class A commercial
DXWKRUL]HVDSHUVRQWRRSHUDWH GULYHUOLFHQVHLIWKHYHKLFOHLV
(a) Any vehicle that is designed to transport (A) Controlled or operated by a farmer;
RUPRUHSHUVRQVLQFOXGLQJWKHGULYHULIWKH (B) Used to transport agricultural products,
gross vehicle weight rating of the vehicle is farm machinery or farm supplies to or from a
OHVVWKDQSRXQGVDQGWKHSHUVRQKDV farm;
the proper endorsement to operate a vehicle
described in this paragraph; (C) Not used in the operation of a common
or contract motor carrier; and
(b) Any vehicle that is used in the trans-
portation of hazardous materials if the gross (D) Used within 150 miles of the farmer’s
vehicle weight rating of the vehicle is less than IDUP
SRXQGVDQGWKHSHUVRQKDVWKHSURSHU (b) Operate any vehicle described in para-
endorsement; and graph (a) of this subsection that is transporting
(c) Any vehicle that may be operated by the hazardous materials if the vehicle is placarded
KROGHURID&ODVV&OLFHQVH LQDFFRUGDQFHZLWKODZ
(4) A Class C driver license authorizes a (c) Operate any vehicle described in para-
person to operate any vehicle for which a com- graph (a) of this subsection that is a tank
mercial driver license is not required except vehicle or a double trailer combination without
that the person may not operate any vehicle holding a tank vehicle endorsement or a double
for which an endorsement is required unless DQGWULSOHWUDLOHUHQGRUVHPHQW
WKHSHUVRQREWDLQVWKHHQGRUVHPHQW (9) A Class B farm endorsement authorizes
(5) A restricted Class C license authorizes DSHUVRQWR
a person to operate a vehicle under one of the (a) Operate or tow any vehicle that can be
SHUPLWVGHVFULEHGLQ256DVFRQ- operated or towed by the holder of a Class B
VWLWXWLQJDUHVWULFWHG&ODVV&OLFHQVH7KH FRPPHUFLDOGULYHUOLFHQVHLIWKHYHKLFOHLV
person may not operate any vehicle for which (A) Controlled or operated by a farmer;
an endorsement is required or be granted any
HQGRUVHPHQWVIRUWKHOLFHQVH>F† (B) Used to transport agricultural products,
F†F†F† farm machinery or farm supplies to or from a
F†F†@ farm;
807.032>F†DUHSHDOHGE\ (C) Not used in the operation of a common
F†@ or contract motor carrier; and
807.035 Kinds of endorsements. This sec- (D) Used within 150 miles of the farmer’s
tion describes the type of driving privileges IDUP
granted by various endorsements issued by (b) Operate any vehicle described in para-
WKLVVWDWH([FHSWDVSURYLGHGLQ256 graph (a) of this subsection that is transporting
the following endorsements grant the driving
SULYLOHJHVGHVFULEHG

Title 59 Page 130 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

hazardous materials if the vehicle is placarded
LQDFFRUGDQFHZLWKODZ
(c) Operate any vehicle described in para-
graph (a) of this subsection that is a tank
vehicle without holding a tank vehicle endorse-
PHQW>F†F†
F†F†F†
F†F†@
807.036 Exceptions to endorsement
requirement for tow vehicle operator.
Notwithstanding any other provision of law,
the operator of a tow vehicle is not required
to have an endorsement for towing a disabled
vehicle that can be operated only by a person
 L,IWKHDSSOLFDWLRQLVIRUDFRPPHUFLDO
driver license, the person must submit to the
department, in a form approved by the depart-
ment, the report of a medical examination that
establishes that the person meets the medi-
cal requirements for the particular class of
OLFHQVH7KHGHSDUWPHQWE\UXOHVKDOOHVWDE-
lish medical requirements for purposes of this
SDUDJUDSK7KHPHGLFDOUHTXLUHPHQWVHVWDE-
lished under this paragraph may include any
requirements the department determines are
necessary for the safe operation of vehicles per-
mitted to be operated under the class of license
IRUZKLFKWKHUHTXLUHPHQWVDUHHVWDEOLVKHG
with an endorsement if the towing operation
LVWKHÀUVWPRYHRIWKHGLVDEOHGYHKLFOHDQGLV
performed as an emergency service or if the
move is a subsequent move of an empty vehicle
that requires a passenger endorsement or a
VFKRROEXVHQGRUVHPHQWIRURSHUDWLRQ>
F†DF†F†
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807.038 School bus endorsement excep-
tion. Notwithstanding any other provision of
law, a school bus manufacturer, school bus
dealer or school bus mechanic is not required to
have a school bus endorsement while operating
 M,IWKHDSSOLFDWLRQLVIRUDFRPPHUFLDO
GULYHUOLFHQVHWKHSHUVRQPXVW
(A) Have at least one year’s driving experi-
ence, including relevant experience obtained
in the military;
(B) Not be subject to a lifetime suspension
of commercial driving privileges under ORS

(C) Not be otherwise ineligible to hold a
commercial driver license;
(D) Hold a commercial learner driver permit
if the person must complete a skills demonstra-
DVFKRROEXVWKDWLVQRWWUDQVSRUWLQJVWXGHQWV WLRQXQGHU256DQG
>F†@
807.040 Requirements for issuance;
rules; fees. (1) The Department of Trans-
portation shall issue a driver license to any
person who complies with all of the following
UHTXLUHPHQWV a citizen or permanent legal resident of the
(a) The person must complete an application
IRUDOLFHQVHXQGHU256
 (,QDGGLWLRQWRPHHWLQJWKHUHTXLUHPHQW
of providing proof of legal presence under
256  DQG WKLV VHFWLRQ WKH SHUVRQ
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by the department by rule, that the person is
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(2) The department shall work with other
agencies and organizations to attempt to
 E$VUHTXLUHGE\256DQG
the person must provide the Social Security
number assigned to the person by the United
States Social Security Administration and
proof of legal presence in the United States or,
if the person is not eligible for a Social Security
number, proof of legal presence in the United
States and proof that the person is not eligible
IRUD6RFLDO6HFXULW\QXPEHU
LPSURYHWKHLVVXDQFHV\VWHPIRUGULYHUOLFHQVHV
>F†F†F†
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807.045 Issuance of commercial license
to person who holds out-of-state commer-
(c) The person must submit to collection of
biometric data by the department that estab-
lish the identity of the person as described in
256
(d) The person must not be ineligible for the
OLFHQVHXQGHU256DQGPXVWEHHOLJL-
EOHIRUWKHOLFHQVHXQGHU256
(e) The person must successfully pass all
H[DPLQDWLRQUHTXLUHPHQWVXQGHU256
IRUWKHFODVVRIOLFHQVHVRXJKW
(f) The person must pay the appropriate
OLFHQVHIHHXQGHU256IRUWKHFODVVRI
OLFHQVHVRXJKW
(g) The person must pay the Student Driver
7UDLQLQJ)XQGHOLJLELOLW\IHH
cial license. ,QRUGHUWREHDXWKRUL]HGWR
drive a commercial motor vehicle in this state,
a person who holds a commercial driver license
issued by a jurisdiction other than Oregon
must, within 30 days of becoming domiciled
LQ2UHJRQ
(a) Apply to the Department of Transporta-
tion for an Oregon commercial driver license;
(b) Certify to the department that the per-
son’s current commercial driver license is not
VXEMHFWWRDQ\GLVTXDOLÀFDWLRQVXVSHQVLRQ
revocation or cancellation and that the person
does not have a commercial driver license from
more than one jurisdiction; and
(c) Surrender any commercial driver license
LVVXHGWRWKHSHUVRQE\DQRWKHUMXULVGLFWLRQ
 K,IWKHDSSOLFDWLRQLVIRUDFRPPHUFLDO
driver license, the person must be the holder of
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(2) The department shall issue a commercial
driver license to a person who complies with
subsection (1) of this section if the depart-
ment determines that the person is all of the
IROORZLQJ

Title 59 Page 131 (2015 Edition)

 OREGON VEHICLE CODE

 D(OLJLEOHIRUDFRPPHUFLDOGULYHUOLFHQVH
,QRUGHUWRGHWHUPLQHHOLJLELOLW\XQGHUWKLV
paragraph, the department may require from
the person any additional information that the
department determines necessary and may
require the person to pass any examinations,
tests or demonstrations that the department
GHWHUPLQHVQHFHVVDU\
(b) Not subject to a lifetime suspension of
commercial driving privileges under ORS

(c) Not otherwise ineligible for a commercial
(4) The Social Security number of the appli-
cant or other number or identifying information
determined appropriate by the Secretary of the
United States Department of Transportation,
if the application is for a commercial driver
license or a commercial learner driver permit
or if the Oregon Department of Transportation
by rule requires the Social Security number
RQWKHDSSOLFDWLRQ
(5) Whether or not the applicant wants to
PDNHDQDQDWRPLFDOJLIWDVGHÀQHGLQ256

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(3) For purposes of this section, a person is
domiciled in this state if the person meets the
FULWHULDGHVFULEHGLQ256>F
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807.050 Application; proof of address;
rules. An application for a license shall be in
a form approved by the Oregon Department of
7UDQVSRUWDWLRQ$QDSSOLFDWLRQPXVWFRQWDLQ
DOOWKHIROORZLQJ 807.060 Eligibility. The Department of
(1) The applicant’s full legal name, age, sex,
residence address, except as otherwise pro-
YLGHGIRUFRUUHFWLRQVRIÀFHUVLQ256
HOLJLEOHHPSOR\HHVLQ256RU$GGUHVV
 $Q\RWKHULQIRUPDWLRQWKHGHSDUWPHQW
deems necessary to assist the department in
determining whether the applicant is quali-
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Transportation may not grant driving privi-
leges to a person under a license if the person
LVQRWHOLJLEOHXQGHUWKLVVHFWLRQ7KHIROORZLQJ
DUHQRWHOLJLEOHIRUDOLFHQVH
&RQÀGHQWLDOLW\3URJUDPSDUWLFLSDQWVLQ256
DQGSRVWRIÀFHDGGUHVVRWKHUWKDQ
JHQHUDOGHOLYHU\7KHGHSDUWPHQWPD\SURYLGH
by rule for acceptance of something other than
DQDFWXDOUHVLGHQFHRUSRVWRIÀFHDGGUHVVLI
the department determines that the applicant
GRHVQRWKDYHDQDFWXDODGGUHVV7KHGHSDUW-
ment shall require proof to verify the address
in addition to anything else the department
PD\UHTXLUHRIWKHDSSOLFDQW7KHGHSDUWPHQW
shall adopt rules to identify what constitutes
SURRIRIDGGUHVVIRUSXUSRVHVRIWKLVVXEVHFWLRQ
9HULÀFDWLRQRISURRIRIDGGUHVVPD\LQFOXGHEXW
is not limited to, providing a utility bill, a tax
UHWXUQDUHFRUGIURPDÀQDQFLDOLQVWLWXWLRQ
DSURRIRILQVXUDQFHFDUGRUDKHDOWKEHQHÀWV
card, a selective service card, a mortgage doc-
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may provide the proof of address by submitting
proof in the form of an original document or a
copy of a document, use an electronic device
to display proof of address, or provide proof
through the use of a third party address veri-
ÀFDWLRQV\VWHP
 $SHUVRQXQGHU\HDUVRIDJH
(2)(a) A person under 18 years of age who
is not an emancipated minor unless the appli-
cation of the person is signed by the person’s
PRWKHUIDWKHURUOHJDOJXDUGLDQ$SHUVRQZKR
signs an application under this paragraph may
have the driving privileges canceled as pro-
YLGHGXQGHU256
(b) A person under 18 years of age who does
QRWPHHWWKHUHTXLUHPHQWVRI256
(3) Notwithstanding subsection (2) of this
section, a person under 18 years of age is not
HOLJLEOHIRUDFRPPHUFLDOGULYHUOLFHQVH
(4) A person that the department determines
has a problem condition involving alcohol,
inhalants or controlled substances as described
XQGHU256
(5) A person the department reasonably
believes has a mental or physical condition
or impairment that affects the person’s abil-
ity to safely operate a motor vehicle upon the
KLJKZD\V
(2) Whether or not the applicant has ever
EHHQLVVXHGDQ\GULYHUOLFHQVHRUGULYHUSHUPLW
,IWKHDSSOLFDQWKDVEHHQLVVXHGDQ\OLFHQVHRU
GULYHUSHUPLW (7) A person who is required to make future
(a) When the license or driver permit was
granted;
(b) What jurisdiction granted the license or
driver permit;
(c) Whether or not the driving privileges
under the license or driver permit are currently
suspended or revoked; and
 $SHUVRQWKHGHSDUWPHQWUHDVRQDEO\
believes is unable to understand highway signs
WKDWZDUQUHJXODWHRUGLUHFWWUDIÀF
UHVSRQVLELOLW\ÀOLQJVEXWKDVQRWPDGHÀOLQJV
DVUHTXLUHG
(8) A person who cannot be issued a license
under the Driver License Compact under ORS

(9) A person who is not subject to the Driver
/LFHQVH &RPSDFW XQGHU 256  EXW
whose driving privileges are currently under
 G,IWKHGULYLQJSULYLOHJHVDUHUHYRNHGRU suspension or revocation in any other state
suspended, the date and reason for the suspen- upon grounds which, if committed in this state,
VLRQRUUHYRFDWLRQ would be grounds for the suspension or revo-
 7KHFODVVRIOLFHQVHVRXJKW FDWLRQRIWKHGULYLQJSULYLOHJHVRIWKHSHUVRQ

Title 59 Page 132 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
(10) A person who has been declared a habit-
XDORIIHQGHUXQGHU256$SHUVRQ
declared not eligible to be licensed under this
subsection may become eligible by having eli-
JLELOLW\UHVWRUHGXQGHU256
(11) A person whose driving privileges are
FDQFHOHGLQWKLVVWDWHXQGHU256XQWLO
WKHSHUVRQLVHOLJLEOHXQGHU256
(12) A person while the person’s driving
SULYLOHJHVDUHUHYRNHGLQWKLVVWDWH
(13) A person during a period when the per-
son’s driving privileges are suspended in this
VWDWH
(14) A person who holds a current out-of-
state license or driver permit or a valid Oregon
OLFHQVHRUGULYHUSHUPLW$SHUVRQZKRLVQRW
eligible under this subsection may become eli-
gible by surrendering the license, driver permit
or out-of-state license or driver permit to the
GHSDUWPHQW EHIRUH LVVXDQFH RI WKH OLFHQVH
Nothing in this subsection authorizes a person
to continue to operate a motor vehicle on the
basis of an out-of-state license or permit if the
SHUVRQLVUHTXLUHGE\256WRREWDLQ
DQ2UHJRQOLFHQVHRUSHUPLW
(15) A person who has not complied with
the requirements and responsibilities created
E\FLWDWLRQIRURUFRQYLFWLRQRIDWUDIÀFRIIHQVH
in another jurisdiction if an agreement under
256DXWKRUL]HVWKHGHSDUWPHQWWR
ZLWKKROGLVVXDQFHRIDOLFHQVH
 
(c) Making a declaration to be a resident
of this state for the purpose of obtaining, at
resident rates, a state license or tuition fees
at an educational institution maintained by
SXEOLFIXQGV
(5) Notwithstanding subsection (4) of this
section, a person who is gainfully employed in
this state shall not be considered a resident of
the state if the person has taken no other steps
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is not limited to, a student at an educational
institution maintained by public funds who is
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807.065 Additional eligibility require-
ments for persons under 18 years of age;
provisional driver license. (1) The Depart-
ment of Transportation may not issue a driver
license to a person who is under 18 years of age
XQOHVVWKHSHUVRQ
(a) Complies with the requirements of ORS
DQG
(b) Passes an examination designed to test
the person’s knowledge and understanding of
safe driving practices, in addition to any exam-
LQDWLRQUHTXLUHGXQGHU256
(c) Has had, for at least six months prior
to application for the license, an instruction
GULYHUSHUPLWLVVXHGXQGHU256RU
the equivalent of an instruction driver permit
issued by another state of the United States or
 $SHUVRQZKRKDVQRWFRPSOLHGZLWKWKH by the District of Columbia;
UHTXLUHPHQWRI256>F
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 G &HUWLÀHV WR WKH GHSDUWPHQW WKDW WKH
person has had at least 50 hours of driving
experience during which the person was super-
vised by a person at least 21 years of age who
has had a valid driver license for at least three
years; and
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807.062 Domicile or residency require-
ment for driver license. (1) Unless otherwise
VSHFLÀFDOO\SURYLGHGE\ODZLQRUGHUWREHHOLJL-
ble for a driver license or permit issued by this
state a person must be domiciled in or resident
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course that meets standards developed by the
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SOHWLRQRIDWUDIÀFVDIHW\HGXFDWLRQFRXUVHD
person may certify to the department that the
person has had at least 50 hours of driving
experience during which the person was super-
vised by a person at least 21 years of age who
 8QOHVVRWKHUZLVHVSHFLÀFDOO\SURYLGHG has had a valid driver license for at least three
by law, a person who is a resident of this state years, in addition to the 50 hours required by
may not operate a motor vehicle in this state SDUDJUDSKGRIWKLVVXEVHFWLRQ
unless the person receives a driver license or (2) A person under 18 years of age need not
SHUPLWIURPWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ comply with the requirements of subsection (1)
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(4) For purposes of this section, a person is
a resident of this state if the person engages in
(c), (d) and (e) of this section if the person has
been issued a driver license by another state
and surrenders that license in order to get an
2UHJRQOLFHQVH
any gainful employment in this state or takes
any action to indicate the acquiring of resi-
GHQFHLQWKLVVWDWH$FWLRQWRDFTXLUHUHVLGHQFH
includes, but is not limited to, doing any of the
IROORZLQJ demonstration again until the person has had
(a) Remaining in this state for a consecutive
period of six months or more regardless of the
GRPLFLOHRIWKHSHUVRQ
(b) Placing children in a public school with-
RXWSD\PHQWRIQRQUHVLGHQWWXLWLRQIHHV
 ,IWKHSHUVRQWDNHVEXWGRHVQRWSDVVD
test that consists of an actual demonstration of
GULYLQJDELOLW\XQGHU256WKHGHSDUW-
ment may not allow the person to perform the
an instruction permit issued pursuant to ORS
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(4) A driver license issued pursuant to this
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Title 59 Page 133 (2015 Edition)

 OREGON VEHICLE CODE

(5) The department shall prominently iden-
tify each driver license issued pursuant to this
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807.066 School requirements for per-
sons under 18 years of age. (1) Subject to
subsection (2) of this section, the Department
of Transportation may not issue driving priv-
ileges to a person who is under 18 years of age
XQOHVV by a private teacher, legal guardian or parent
(a) The person has graduated from high
school and provides the department with proof
of graduation satisfactory to the department;
authorized representative of the community
college attended by the person that declares
that the person is making satisfactory progress
toward a high school diploma;
(f) Provides the department with a form pro-
vided by the department and signed by the
authorized representative of the education
service district or school district having juris-
diction over the area of the person’s residence
that declares that the person is being taught
LQFRPSOLDQFHZLWK256
(g) Provides the department with docu-
mentation satisfactory to the department
 E7KHSHUVRQKDVUHFHLYHGD*HQHUDO(GX- that indicates that the person is exempted
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a community college and provides the depart-
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to the department; or
(c) The person’s parent or legal guardian
from school attendance requirements due to
circumstances beyond the control of the person;
or
(h) Provides the department with documen-
tation satisfactory to the department that the
FHUWLÀHVWKDWWKHSHUVRQLV SHUVRQLVH[HPSWXQGHU256IURP
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 $(QUROOHGLQDVFKRRORIWKLVVWDWHRUDQ\ †F†@
other state or any other country;
807.070 Examinations. The Department
 %(QUROOHGLQDFRPPXQLW\FROOHJHDQG of Transportation shall administer an exam-
making satisfactory progress toward a General LQDWLRQWRHVWDEOLVKTXDOLÀFDWLRQIRUHDFKFODVV
(GXFDWLRQDO'HYHORSPHQW*('FHUWLÀFDWHRU RIOLFHQVHDQGHQGRUVHPHQW7KHH[DPLQDWLRQ
high school diploma; for each class of license or endorsement must
(C) Being taught by a private teacher, legal LQFOXGHDOORIWKHIROORZLQJDVGHVFULEHG
guardian or parent in compliance with ORS  $WHVWRIWKHDSSOLFDQW·VH\HVLJKW7KLV
 subsection does not apply to an applicant with
 ' ([HPSWHG IURP VFKRRO DWWHQGDQFH DOLPLWHGYLVLRQFRQGLWLRQDVGHÀQHGLQ256
requirements due to circumstances beyond 
the control of the person; or (2) A test of the applicant’s knowledge and
 (([HPSWXQGHU256IURPWKH
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(2) The department may not issue driving
privileges to a person who is under 18 years
of age and whose driving privileges are sus-
XQGHUVWDQGLQJRIWKHWUDIÀFODZVRIWKLVVWDWH
safe driving practices and factors that cause
DFFLGHQWV7KHIROORZLQJDOODSSO\WRWKHWHVW
XQGHUWKLVVXEVHFWLRQ
(a) The test may not cover any subject that is
SHQGHGXQGHU256IRUZLWKGUDZLQJ not presented in the publications of the depart-
IURPVFKRROXQOHVVWKHSHUVRQ ment intended for the instruction of applicants
IRUOLFHQVHVDQGGULYHUSHUPLWV
(a) Has graduated from high school and pro-
vides the department with proof of graduation (b) The test for each class of license and
satisfactory to the department; endorsement must include, but is not limited
to, a test of knowledge and understanding of
 E +DV UHFHLYHG D *HQHUDO (GXFDWLRQDO WUDIÀFODZVWKDWUHODWHVSHFLÀFDOO\WRWKHW\SH
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munity college and provides the department
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department;
(c) Provides the department with a form pro-
RIGULYLQJSULYLOHJHVJUDQWHGXQGHUWKHVSHFLÀF
FODVVRIOLFHQVHRUHQGRUVHPHQWVRXJKW
(c) The test must include, but is not limited
WRWKHIROORZLQJVXEMHFWV
vided by the department and signed by the  $5LJKWVRISHGHVWULDQVZKRDUHEOLQG
principal, or the designee of the principal, of
the school attended by the person that declares
that the person is enrolled in a school of this
state, or any other state or any other country;
(d) Provides the department with a form
 %7KHPHDQLQJRIRIÀFLDOWUDIÀFVLJQVDQG
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(C) Proper operating procedure in emer-
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provided by the department and signed by the  '9HKLFOHVDIHW\HTXLSPHQWDQGLWVXVH
authorized representative of the community  (3UDFWLFHVQHFHVVDU\IRUVDIHRSHUDWLRQRI
college attended by the person that declares DYHKLFOHDURXQGSHGHVWULDQVDQGELF\FOLVWV
that the person is making satisfactory progress (F) Practices necessary for safe operation
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(e) Provides the department with a form pro-
vided by the department and signed by the

Title 59 Page 134 (2015 Edition)

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(d) The test must include at least two  D,VJLYHQLQFRQMXQFWLRQZLWKDWUDIÀF

questions pertaining to the practices neces- VDIHW\HGXFDWLRQFRXUVHFHUWLÀHGE\WKHGHSDUW-
sary for safe operation of a vehicle around PHQWXQGHU256
PRWRUF\FOLVWV  E,VJLYHQLQFRQMXQFWLRQZLWKDPRWRUF\FOH
(e) The test may include a question regard- rider education course established under ORS
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(f) The department may waive the test under  F,VJLYHQLQFRQMXQFWLRQZLWKDFRXUVH
FLUFXPVWDQFHVGHVFULEHGLQ256 conducted by a commercial driver training
(3) A test that is an actual demonstration VFKRROFHUWLÀHGE\WKHGHSDUWPHQWXQGHU256
of the applicant’s ability to operate a motor RU
vehicle without endangering the safety of per-  G,VJLYHQLQFRQMXQFWLRQZLWKDQDSSOL-
VRQVRUSURSHUW\7KHIROORZLQJDSSO\WRWKLV cation for a special limited vision condition
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(a) The actual demonstration for each class (2) The department, by rule, may waive the
of license shall be performed in a vehicle that actual demonstration required under ORS
may be operated under the class of license
sought, but that may not be operated under
ORZHUFODVVHVRIOLFHQVH
(b) An actual demonstration for a passenger
endorsement shall be performed in a vehicle
WKDWLVGHVLJQHGWRWUDQVSRUWRUPRUHSHU-
VRQVLQFOXGLQJWKHGULYHU
(c) An actual demonstration for a school bus
endorsement shall be performed in a school
EXV
(d) An actual demonstration required for a
commercial driver license may be performed
by a person only if the person has held for
at least 14 days a commercial learner driver
permit that was issued by the department or by
another jurisdiction that authorizes operation
RIWKHYHKLFOHXVHGIRUWHVWLQJ
(e) The department may waive the demon-
stration under circumstances described in ORS

(4) Any other examination or test, includ-
ing demonstrations, that the department
determines may be necessary to assist the
department in establishing whether the appli-
FDQWLVHOLJLEOHIRUDOLFHQVHXQGHU256
RUZKHWKHUWKHDSSOLFDQWLVÀWWRRSHUDWHD
motor vehicle safely on the highways of this
VWDWH,QDQ\H[DPLQDWLRQRUWHVWXQGHUWKLV
subsection, the department shall only conduct
an investigation for facts relating directly to
the ability of the applicant to operate a motor
YHKLFOHVDIHO\RURWKHUIDFWVWKDWDUHVSHFLÀFDOO\
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commercial driver license or a Class C license
if the person holds a valid out-of-state license
or applies for an Oregon license within one year
RIWKHH[SLUDWLRQRIDYDOLGRXWRIVWDWHOLFHQVH
A demonstration may be waived under this sub-
section only if the person has applied for the
same driving privileges as those granted under
the person’s out-of-state license or for privileges
JUDQWHGE\DORZHUFODVVRIOLFHQVH
(3) The department may waive the actual
GHPRQVWUDWLRQUHTXLUHGXQGHU256
for a person who is applying for a commercial
driver license or for an endorsement related
to a commercial driver license if the person
VXEPLWV WR WKH GHSDUWPHQW D FHUWLÀFDWH RI
FRPSHWHQF\LVVXHGXQGHU256IRUWKH
class of license or for the endorsement sought
or under other circumstances, established by
the department by rule, that establish the
person’s ability to drive without an actual
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(4) The department may issue a Class A farm
endorsement without requiring additional tests
to a person who has a Class C driver license
if a farm employer or a self-employed farmer
FHUWLÀHVWRWKHGHSDUWPHQWWKDWWKHSHUVRQLV
experienced in driving a vehicle that may be
driven only by persons who have a Class A
commercial driver license and the person’s
two-part driving record does not show either
DWUDIÀFDFFLGHQWZLWKLQWZR\HDUVRIWKHGDWH
of application for the endorsement or a con-
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807.072 Waiver of certain examinations,
tests and demonstrations; rules. (1) The
Department of Transportation, by rule, may
waive any examination, test or demonstration
 E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
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(c) Failure to perform the duties of a driver
involved in an accident or collision, as described
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UHTXLUHGXQGHU256ERU (d) Criminal driving while suspended or
(2) or (3) if the department receives satisfac- UHYRNHGDVGHÀQHGLQ256
tory proof that the person required to take (e) Fleeing or attempting to elude a police
the examination, test or demonstration has RIÀFHUDVGHÀQHGLQ256
passed an examination, test or demonstration
DSSURYHGE\WKHGHSDUWPHQWWKDW (5) The department may issue a Class B farm
endorsement without requiring additional tests
to a person who has a Class C driver license

Title 59 Page 135 (2015 Edition)

 OREGON VEHICLE CODE

if a farm employer or a self-employed farmer IHHVIRUWKHLVVXDQFHRIDFHUWLÀFDWHRUDVSDUW

FHUWLÀHVWRWKHGHSDUWPHQWWKDWWKHSHUVRQLV
experienced in driving a vehicle that may be
driven only by persons who have a Class B
commercial driver license and the person’s
two-part driving record does not show either
RIDQ\SURJUDPRIUHJXODWLQJFHUWLÀFDWHKROGHUV
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(5) When adopting rules under this section,
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VHFWLRQRIWKLVVHFWLRQZLWKLQÀYH\HDUVRI basis determined convenient by the department
the date of application for the endorsement or and may include provisions for cancellation,
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other circumstances under which a farm
endorsement may be issued without an actual
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subsection includes, but is not limited to,
authority to adopt rules specifying circum-
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allowing the holder to certify competency in
several classes or types of driving privileges
or limiting the classes or types of driving
privileges for which the holder may certify
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stances under which the endorsement may be  F(VWDEOLVKWKHIRUPVRIFHUWLÀFDWHVWREH
granted to a person despite the appearance of LVVXHG
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(7) The department by rule may waive the WREHXVHGE\FHUWLÀFDWHKROGHUVLQFHUWLI\LQJ
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person who applies for a motorcycle endorse-
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PHQWV IRU REWDLQLQJ D FHUWLÀFDWH WKDW WKH
(a) Holds a valid out-of-state driver license department determines necessary to protect
that authorizes the person to operate a motor- WKHLQWHUHVWVRISHUVRQVVHHNLQJFHUWLÀFDWLRQ
cycle; or E\FHUWLÀFDWHKROGHUV
(b) Applies for a motorcycle endorsement  I,VVXHFHUWLÀFDWHVWRSXEOLFO\RZQHGDQG
within one year after the expiration date of a operated educational facilities to allow pro-
valid out-of-state driver license that authorizes JUDPVIRUFHUWLÀFDWLRQRIFRPSHWHQF\
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807.080 Driver competency testing
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The Department of Transportation, by rule,
shall provide for the following in a manner
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the employers to establish programs primarily
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The department may provide that programs
established under this paragraph may be oper-
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XQGHU256DQGZLWKRXWGULYHUWUDLQ-
LQJLQVWUXFWRUFHUWLÀFDWHVXQGHU256
(a) The issuance of driver competency test-
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(b) The regulation of persons issued driver
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(2) A person issued a driver competency test-
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requirements necessary to carry out the pur-
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807.09 0 Establishing eligibility
notwithstanding mental or physical con-
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in a manner established by the department, of Transportation determines that a person
the competency of drivers to safely exercise may be ineligible for a license because the
driving privileges granted only under one or person has a mental or physical condition or
PRUHRIWKHIROORZLQJ impairment that affects the person’s ability to
safely operate a motor vehicle, the person may
 D$&ODVV$FRPPHUFLDOGULYHUOLFHQVH HVWDEOLVKHOLJLELOLW\IRUDOLFHQVH
 E$&ODVV%FRPPHUFLDOGULYHUOLFHQVH (a) By personally demonstrating to the
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(d) An endorsement related to a commercial
GULYHUOLFHQVH
(3) The department may waive an actual
satisfaction of the department that, notwith-
standing the mental or physical condition or
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operate a motor vehicle; or
demonstration of ability to operate a motor
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ZKRLVFHUWLÀHGE\WKHKROGHURIDGULYHUFRP-
SHWHQF\WHVWLQJFHUWLÀFDWHDVFRPSHWHQWWR
exercise the driving privileges in the class of
license or in the endorsement sought by the
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(4) The rules adopted by the department
under this section may establish reasonable
Title 59 3DJH
 E,IWKHGHSDUWPHQWUHDVRQDEO\EHOLHYHV
that, notwithstanding the demonstration under
paragraph (a) of this subsection, the person’s
mental or physical condition or impairment
affects the person’s ability to safely operate
a motor vehicle, by receiving a determination
of eligibility from the medical determination
RIÀFHURIWKHGHSDUWPHQWXQGHUWKLVVHFWLRQ
(2015 Edition)
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determine that a person is eligible for a license
under this section if an applicant establishes to
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mental or physical condition or impairment
does not affect the person’s ability to safely
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PLQDWLRQ RIÀFHU VKDOO XVH WKH IROORZLQJ WR
determine the person’s eligibility under this
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(a) A report from the person’s physician,
nurse practitioner or physician assistant of
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(3) To the extent possible, rules adopted
by the department under this section should
be uniform with any applicable federal regu-
lations related to commercial driver license
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807.110 Contents of license; rules. (1) A
license issued by the Department of Transpor-

(a) The distinguishing number assigned
to the person issued the license by the
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 E,IWKHSHUVRQ·VFRQGLWLRQRULPSDLUPHQW
DSSDUHQWO\LQYROYHVRQO\YLVXDOGHÀFLHQFLHVWKH
department may require a person to submit a
report from a licensed optometrist or a licensed
physician who specializes in diagnosis and
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 E)RUWKHSXUSRVHRILGHQWLÀFDWLRQDEULHI
description of the person to whom the license
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(c) The full legal name of the person to whom
the license is issued, except that the depart-
ment may limit the number of characters
 F7KHPHGLFDOGHWHUPLQDWLRQRIÀFHUPD\ GLVSOD\HGRQWKHOLFHQVH
require an examination and a written report
RIÀQGLQJVDQGUHFRPPHQGDWLRQVIURPDTXDO- (d) The date of birth of the person to whom
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DVVLVWDQWLGHQWLÀHGE\WKHRIÀFHULQDGGLWLRQ  H([FHSWDVSURYLGHGIRUFRUUHFWLRQVRIÀFHUV
WRRWKHUUHSRUWVVXEPLWWHG LQ256HOLJLEOHHPSOR\HHVLQ256
 ,IDSHUVRQHVWDEOLVKHVHOLJLELOLW\IRUD
license under this section by receiving a deter-
mination of eligibility, the department may
require the person to reestablish eligibility at
UHDVRQDEOHLQWHUYDOV7KHIUHTXHQF\RIUHHVWDE-
lishing eligibility under this subsection shall
be established by the medical determination
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from the physician, nurse practitioner or
physician assistant of the person required to
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(4) The department may employ any quali-
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assistant who holds an unrestricted license
in the State of Oregon to perform the duties
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RU$GGUHVV&RQÀGHQWLDOLW\3URJUDP
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address of the person to whom the license is
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(f) Upon request of the person to whom the
license is issued, the fact that the person is an
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(g) Upon request of the person to whom the
license is issued and presentation of proof, as
determined by the department, the fact that
WKHSHUVRQLVDYHWHUDQDVGHÀQHGLQ256

(h) Upon order of the juvenile court, the fact
that the person to whom the license is issued
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  $V XVHG LQ WKLV VHFWLRQ ´SK\VLFLDQµ
means a person who holds a degree of Doctor
of Medicine or Doctor of Osteopathy and is
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who holds a degree of Doctor of Naturopathic
Medicine and is licensed under ORS chapter
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rules. (1) The Department of Transportation
may not issue or renew commercial driving
privileges and may cancel commercial driving
privileges if the person does not submit to the
department, in a form approved by rule, proof
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cial motor vehicle by such a date as required
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(2) A person is entitled to administrative
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ment does not issue or renew commercial
driving privileges under this section or can-
cels commercial driving privileges under this
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Title 59 Page 137
tion (2) of this section, a photograph described
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(A) Be a full-faced, color photograph of the
person to whom the license is issued;
(B) Be of a size approved by the department;
and
(C) Be taken at the time of application for
issuance of the license whether the applica-
tion is for an original license, replacement of
DOLFHQVHXQGHU256RUIRUUHQHZDORI
DOLFHQVHXQGHU256H[FHSWWKDWWKH
department, by rule, may allow the applicant
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(j) The class of license issued and any
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mercial driver license, the words “commercial
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(k) The signature of the person to whom the
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(2015 Edition)
 OREGON VEHICLE CODE

(2) The department may issue a valid license
ZLWKRXWDSKRWRJUDSKWRDQDSSOLFDQW control devices on motor vehicles operated by
(a) Who objects on religious grounds;
(b) Who objects because of the applicant’s
IDFLDOGLVÀJXUHPHQWRU
(c) Who is stationed outside of this state
while serving in the active military service
in the Armed Forces of the United States or
the National Guard, and the department does
not have an acceptable photograph of the appli-
FDQWDVGHWHUPLQHGE\WKHGHSDUWPHQWE\UXOH
(b) Requirements for special mechanical
the person; or
(c) Any other restrictions the department
determines appropriate to ensure the safe
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(3) The department shall place a restriction
on the commercial driver license of a person
who performs the skill demonstration required
XQGHU256IRULVVXDQFHRIDFRPPHU-
FLDOGULYHUOLFHQVHLQDYHKLFOHWKDW
This paragraph applies to an applicant who is  D,VQRWHTXLSSHGZLWKDLUEUDNHV$UHVWULF-
UHQHZLQJRUUHSODFLQJDOLFHQVH tion imposed under this paragraph prohibits
(3) A limited term driver license issued the person from operating commercial motor
XQGHU256VKDOOLQGLFDWH vehicles equipped with service brakes that
RSHUDWHIXOO\RUSDUWLDOO\E\DLUSUHVVXUH
(a) That it is a limited term driver license;
and
(b) The date on which the limited term
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(4) The department shall use security
procedures, processes and materials in the
preparation, manufacture and issuance of
any license that prohibit as nearly as possible
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EUDNHV$LURYHUK\GUDXOLFEUDNHVLQFOXGHV
any braking system operating partially by air
SUHVVXUHDQGSDUWLDOO\E\K\GUDXOLFSUHVVXUH$
restriction imposed under this paragraph pro-
hibits the person from operating commercial
motor vehicles equipped with service brakes
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anyone’s ability to alter, counterfeit, duplicate  F,VHTXLSSHGZLWKDQDXWRPDWLFWUDQV-
RUPRGLI\WKHOLFHQVHZLWKRXWUHDG\GHWHFWLRQ PLVVLRQ $ UHVWULFWLRQ LPSRVHG XQGHU WKLV
The security features used in the production paragraph prohibits the person from operat-
RIWKHOLFHQVHVVKDOOSURYLGHIRU ing commercial motor vehicles equipped with
(a) The authentication of a genuine docu- PDQXDOWUDQVPLVVLRQV
ment in a reasonable time; and
(b) The production of the license only by
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identity of the operator of the equipment before
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807.115 Duplicate images of photo-
graphs. The Department of Transportation
shall retain a duplicate image of each pho-
tograph used on a driver license under the
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FDUGXQGHU2567KHGXSOLFDWHVPD\
not be made available to anyone other than
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GHSDUWPHQWDFWLQJLQDQRIÀFLDOFDSDFLW\>
F†@
 G8VHVDQ\FRQQHFWLRQRWKHUWKDQDÀIWK
wheel hitch between the power unit and a vehi-
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A restriction under this paragraph prohibits
the person from operating a commercial motor
vehicle in combination with any other vehicle
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XQLWDQGÀUVWWRZHGXQLW
(4) The department shall place a restriction
on the commercial driver license and the com-
mercial learner driver permit of a person who
does not pass an air brakes knowledge test
DGPLQLVWHUHGXQGHU2567KHUHVWULF-
tion shall prohibit the person from operating a
commercial motor vehicle with service brakes
WKDWRSHUDWHIXOO\RUSDUWLDOO\E\DLUSUHVVXUH
(5) The department may impose restrictions
under this section by setting forth the restric-
tions on the regular license form or by issuing
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807.120 Restrictions generally. (1) The
Department of Transportation may place
restrictions on any driving privileges granted a
person if the department determines that there
is good cause to restrict the driving privileges
of the person in order to ensure the safe oper-
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(2) Restrictions placed on a driver license
or driver permit by the department under this
section shall be suitable to the driving abil-
ity of the person whose driving privileges are
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(a) Restrictions on the type of motor vehicle
the person may operate;
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on driving privileges under this section when
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subsection shall be made a part of the person’s
driving record and shall remain in effect until
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(7) The department may impose restrictions
under this section on driving privileges that
are restored after having been suspended
this subsection may include any restrictions
that have been recommended by a convicting
PDJLVWUDWH

Title 59 Page 138 (2015 Edition)

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section includes any restrictions, conditions or
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(9) Violation of any restrictions placed on
driving privileges under this section is pun-
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807.122 Restrictions on operation
with provisional driver license. (1) The
Department of Transportation shall place the
following restrictions on a provisional driver
OLFHQVHLVVXHGXQGHU256 FDOHQGDU\HDUDIWHUWKH\HDURILVVXDQFH
(b) A person in the vehicle who has valid
driving privileges and who is the parent or
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(4) Subsection (1) of this section does not
apply to the holder of a provisional driver
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807.130 Expiration. (1) A license that
is issued as an original license and not as a
license that is renewed expires on the anni-
versary of the licensee’s birthday in the eighth
 D([FHSWDVSURYLGHGLQVXEVHFWLRQV (2) A license that is renewed under ORS
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after issuance of the license, the holder of the
license may not operate a motor vehicle that
is carrying a passenger under 20 years of age
who is not a member of the holder’s immediate
IDPLO\)RUWKHVHFRQGVL[PRQWKVWKHKROGHU
of the license may not operate a motor vehicle
that is carrying more than three passengers
who are under 20 years of age and who are not
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expiration date of the immediately preceding
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(3) Notwithstanding subsections (1) and
(2) of this section, a license that is issued to
a person who is not a citizen or permanent
legal resident of the United States expires on
the date the licensee is no longer authorized
to stay in the United States, as indicated by
the documentation the person presented to
 E)RUWKHÀUVW\HDUDIWHULVVXDQFHRIWKH the Department of Transportation to provide
license, the holder of the license may not oper- proof of legal presence in the United States
ate a motor vehicle between the hours of 12 DVUHTXLUHGE\256DQGEXW
PLGQLJKWDQGDPH[FHSWZKHQ no longer than eight years from the date of
(A) The holder is driving between the hold- LVVXDQFHRULIWKHUHLVQRGHÀQLWHHQGWRWKH
er’s home and place of employment; DXWKRUL]HGVWD\DIWHUDSHULRGRIRQH\HDU
(B) The holder is driving between the hold- (4) Subsection (3) of this section does not
er’s home and a school event for which no other apply to a person who is a citizen of a country
transportation is available; with a Compact of Free Association with the
United States and who provides proof of legal
(C) The holder is driving for employment SUHVHQFHLQWKH8QLWHG6WDWHVDVGHÀQHGE\WKH
purposes; or GHSDUWPHQWE\UXOH
(D) The holder is accompanied by a licensed (5) A license that has expired does not grant
GULYHUZKRLVDWOHDVW\HDUVRIDJH driving privileges and is not valid evidence of
(2) Subsection (1)(a) of this section does GULYLQJSULYLOHJHV>F†F
not apply to the holder of a provisional driver †F†F†F†@
OLFHQVHZKR 807.135 Expiration of license held by
 D ,V HPSOR\HG E\ D IDUPHU UDQFKHU RU Oregon National Guard member or mil-
orchardist; itary reservist. (1) Notwithstanding ORS
DOLFHQVHKHOGE\DPHPEHURIWKH
 E,VRSHUDWLQJVROHO\IRUHPSOR\PHQWSXU- Oregon National Guard or a military reserv-
poses, a motor vehicle that is owned by the ist ordered on active duty and deployed to a
HPSOR\HUDQGIRUZKLFKÀQDQFLDOUHVSRQVLELOLW\ location outside the United States that expires
UHTXLUHPHQWVRI256KDYHEHHQPHW while the holder is on active duty shall remain
 F ,V WUDQVSRUWLQJ SDVVHQJHUV ZKR DUH valid and grant driving privileges for 90 days
employed by the same employer as the driver IROORZLQJWKHWHUPLQDWLRQRIDFWLYHGXW\
and who are being transported solely for (2) The court shall dismiss the charge of
employment purposes; operating a vehicle without driving privileges
 G,VQRWWUDQVSRUWLQJPRUHSDVVHQJHUVWKDQ XQGHU256LIZKHQFKDUJHGDPHPEHU
the number of available seat belts; and of the Oregon National Guard or a military
reservist held a valid license pursuant to sub-
(e) Has in the vehicle a written statement
signed by the employer certifying that the
driver is employed by the employer and that
there is no other option for transporting the
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807.137 Expiration of license held by
person volunteering outside of United
States. 1RWZLWKVWDQGLQJ256D
(3) Subsection (1)(a) of this section does driver license held by a person described in
not apply to the holder of a provisional driver subsection (2) of this section that expires while
OLFHQVHZKRLVRU\HDUVRIDJHDQGZKRLV the holder is volunteering outside of the United
RSHUDWLQJDPRWRUYHKLFOHZLWK States shall remain valid and grant driving
(a) An instructor in the vehicle as part of a privileges for 90 days after the date the person
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Title 59 Page 139 (2015 Edition)

 OREGON VEHICLE CODE
(2) Subsection (1) of this section applies
to persons who are performing services in
a location outside of the United States on a
YROXQWHHUEDVLVIRUDQRQSURÀWUHOLJLRXVFKDU-
itable or relief organization, whether or not
such persons receive meals or lodging or reim-
bursements or vouchers for meals, lodging or
H[SHQVHV
(3) The court shall dismiss the charge of
operating a vehicle without driving privileges
XQGHU256LIZKHQFKDUJHGDSHUVRQ
described in subsection (2) of this section held
a valid driver license pursuant to subsection
(2) To qualify for renewal of a license under
this section, a person must meet all of the
UHTXLUHPHQWVXQGHU256IRUWKHFODVV
of license sought to be renewed, except that the
department may waive the examination under
256RIDSHUVRQDSSO\LQJIRUUHQHZDO
of a license unless the department has reason
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to hold the license or unless the applicant for
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(3) To receive a renewal under this sec-
tion, the license renewal fee and the Student
Driver Training Fund eligibility fee under ORS
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807.140 Notice prior to expiration;
exceptions; effect of failure to notify;
records. (1) Before the expiration of any
license or a license with an endorsement under
the vehicle code, the Department of Trans-
portation shall notify the person to whom the
license was issued of the approaching expi-
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expiration date, the notice shall be mailed to
the person to whom the license was issued at
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WKHGHSDUWPHQW
(2) The department is not required to notify
the person of an approaching expiration if the
person’s license has been suspended, canceled
 ,IDSHUVRQZKRDSSOLHVIRUDUHQHZDO
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the class of license sought to be renewed, the
department may issue the person any lower
FODVVRIOLFHQVHIRUZKLFKWKHSHUVRQTXDOLÀHV
in lieu of renewing the person’s license for the
FODVVRIOLFHQVHKHOGE\WKHSHUVRQ
(5) A license that is renewed under this
section may be used on or after the date of
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renewal to a person under this section before
the expiration of the license being renewed,
WKH ROGHU OLFHQVH LV LQYDOLG $ OLFHQVH WKDW
becomes invalid under this subsection shall be
GHVWUR\HGE\WKHSHUVRQWRZKRPLWZDVLVVXHG
or revoked or if the person has failed to notify
the department of a change of address as
UHTXLUHGXQGHU256
(3) Notwithstanding subsection (1) of this
section, the department is not required to
notify the person of an approaching expiration
if the person received a limited term driver
license, limited term driver permit or limited
WHUPLGHQWLÀFDWLRQFDUGXQGHU256
IRUDSHULRGRIOHVVWKDQRQH\HDU
(4) Failure to receive a notice of expira-
tion from the department is not a defense to
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However, the court may dismiss the charge if
the person renews the license before the sched-
XOHGFRXUWDSSHDUDQFH
(5) The department’s responsibility to main-
tain records concerning notice under this
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807.150 Renewal; proof of address;
rules. (1) When a license expires or is about
to expire, the Department of Transportation
shall renew the license under this section if
WKHKROGHURIWKHOLFHQVHTXDOLÀHVIRUUHQHZDO
RIWKHOLFHQVHXQGHUWKLVVHFWLRQDQG IRUWKHUHSODFHPHQW7KHUHDVRQVIRUUHSODFH-
(a) Applies for renewal within one year of
the expiration of a similar license under ORS
RU
(b) Applies for issuance of a license within
six months after the applicant is discharged
from the Armed Forces of the United States
and was licensed by this state at the time of
WKHDSSOLFDQW·VHQWU\LQWRWKH$UPHG)RUFHV
Title 59 Page 140
  ,I WKH DGGUHVV RI WKH DSSOLFDQW KDV
changed since the last time a license was
issued to or renewed for the applicant, the
department shall require proof to verify the
address of an applicant for renewal of a license
in addition to anything else the department
PD\UHTXLUHRIWKHDSSOLFDQW7KHGHSDUWPHQW
shall adopt rules to identify what constitutes
SURRIRIDGGUHVVIRUSXUSRVHVRIWKLVVXEVHFWLRQ
9HULÀFDWLRQRISURRIRIDGGUHVVPD\LQFOXGHEXW
is not limited to, providing a utility bill, a tax
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a proof of insurance card or a health bene-
ÀWVFDUGDVHOHFWLYHVHUYLFHFDUGDPRUWJDJH
GRFXPHQWRUDOHDVHDJUHHPHQW7KHDSSOLFDQW
may provide the proof of address by submitting
proof in the form of an original document or a
copy of a document, use an electronic device
to display proof of address, or provide proof
WKURXJKWKHXVHRIDWKLUGSDUW\DGGUHVVYHULÀ-
FDWLRQV\VWHP>F†F†
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807.160 Replacement license or permit;
rules; fees. (1) The Department of Transpor-
tation shall establish by rule the reasons for
issuing a replacement driver license or driver
permit to a person who submits an application
ment shall include, but are not limited to,
VLWXDWLRQVZKHQWKHSHUVRQ
(a) Furnishes proof satisfactory to the
department of the loss, destruction or muti-
lation of the person’s driver license or driver
SHUPLW
(b) Changes residence address from the
address noted on the person’s driver license
RUGULYHUSHUPLW
(2015 Edition)
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employee who has requested, in accordance
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ment records show the address of the person’s
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(d) Changes names from the name noted on
WKHSHUVRQ·VGULYHUOLFHQVHRUGULYHUSHUPLW
 7KHGHSDUWPHQWPD\QRWLVVXHDUHSODFH-
ment driver license or driver permit under this
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(a) The person making application is not
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(b) The driving privileges of the person
 H ,V DSSO\LQJ RU LV UHTXLUHG WR DGG RU making application are suspended or revoked
remove a restriction on the driver license or and have not been partially or completely
GULYHUSHUPLW UHLQVWDWHG
 I,VDSSO\LQJRULVUHTXLUHGWRDGGRUUHPRYH
an endorsement other than a motorcycle
endorsement on the driver license or driver
SHUPLW
(g) Furnishes proof satisfactory to the
department or the department determines that
the department made an error when issuing a
GULYHUOLFHQVHRUGULYHUSHUPLW
(h) Furnishes proof satisfactory to the
GHSDUWPHQWWKDWIRUDUHDVRQLGHQWLÀHGE\
the department by rule, the person needs a
replacement driver license or driver permit
that bears a different distinguishing number
IURPWKHOLFHQVHRUSHUPLWEHLQJUHSODFHG
(i) Furnishes proof satisfactory to the
department that the person is a veteran,
DVGHÀQHGLQ256DQGWKHSHUVRQ
requests a replacement driver license that
LQFOXGHVWKHIDFWWKDWWKHSHUVRQLVDYHWHUDQ
(2) Notwithstanding subsection (1)(b) of
this section, in lieu of issuing a replacement
driver license or driver permit upon a change
in residence address of a person, the depart-
ment may note the change of residence address
on the person’s license or permit in a manner
GHWHUPLQHGE\WKHGHSDUWPHQW
(3) A replacement driver license or driver
SHUPLWLVVXHGXQGHUWKLVVHFWLRQ other than a restricted Class C license issued
(a) Shall bear the same distinguishing
number as the driver license or driver permit
replaced unless the person applying for the
replacement furnishes proof as described in
(7) The department need not issue a replace-
ment driver license or driver permit to a person
who has not complied with the requirements
and responsibilities created by citation for or
FRQYLFWLRQRIDWUDIÀFRIIHQVHLQDQRWKHUMXULV-
GLFWLRQLIDQDJUHHPHQWXQGHU256
authorizes the department to withhold issu-
DQFHRIDUHSODFHPHQWOLFHQVHRUSHUPLW>
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807.162 > F †  F †
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(Endorsements)
807.170 Requirements for issuance;
fees; cancellation. (1) The Department of
Transportation shall provide for the granting
of driver license endorsements in a manner
FRQVLVWHQWZLWKWKLVVHFWLRQ
(2) The department shall grant an endorse-
ment to any person who complies with all of
WKHIROORZLQJUHTXLUHPHQWV
(a) The person must hold a valid license
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(b) The person must successfully complete
any tests and demonstrations referred to in
256WKDWWKHGHSDUWPHQWGHWHUPLQHV
VXEVHFWLRQKRIWKLVVHFWLRQ
(b) Does not alter or extend the driving
privileges granted to the person under the
old license or permit unless the replacement
license or permit was issued for the purpose
of changing a restriction or endorsement or
for correcting an error involving driving
SULYLOHJHV
necessary to determine whether the applicant
LVTXDOLÀHGIRUWKHW\SHRIHQGRUVHPHQWVRXJKW
The actual demonstration required under ORS
LIDQ\PXVWEHSHUIRUPHGLQDYHKLFOH
that may be operated under the endorsement
sought but that may not be operated without
WKHHQGRUVHPHQW7HVWVVKDOOLQFOXGHEXWDUH
not limited to, those tests necessary to deter-
PLQHZKHWKHUWKHDSSOLFDQW
 ([FHSWIRUGULYHUSHUPLWVIRUZKLFKWKH
department does not charge an issuance fee,
the department shall charge the fee under ORS
IRUDUHSODFHPHQWOLFHQVHRUGULYHU
SHUPLWLVVXHGXQGHUWKLVVHFWLRQ7KHUHSODFH-
ment fee is in addition to any endorsement or
WHVWIHHWKDWPD\DSSO\7KHGHSDUWPHQWPD\
waive the replacement fee as provided under
256
(A) Has satisfactory knowledge of laws relat-
ing to operation under the type of endorsement
sought, defensive driving skills, the common
causes of accidents involving vehicles operated
under the type of endorsement sought; and
(B) Can operate under the endorsement in
a manner that will not jeopardize the safety
RISHUVRQVRUSURSHUW\
(5) The driver license or driver permit  F7KHDSSURSULDWHIHHXQGHU256
replaced under this section is invalid and shall for the endorsement, including the fee for the
EHVXUUHQGHUHGWRWKHGHSDUWPHQW 0RWRUF\FOH6DIHW\6XEDFFRXQWPXVWEHSDLG
 G,IWKHSHUVRQLVDSSO\LQJIRUDPRWRUF\-
cle endorsement, the person must comply with
256

Title 59 Page 141 (2015 Edition)

 OREGON VEHICLE CODE

(3) An endorsement granted under this sec- driver license with a hazardous materials
WLRQLVVXEMHFWWRWKHIROORZLQJ HQGRUVHPHQW>F†F†@
 D,WLVSDUWRIWKHOLFHQVHXSRQZKLFKLW 807.175 Motorcycle education course.
is endorsed and is subject to any provisions (1) The Department of Transportation may
applicable to the endorsed license under the not issue a motorcycle endorsement to a person
VWDWXWHVRIWKLVVWDWH unless the person shows to the satisfaction of
 E,WLVYDOLGRQO\LIWKHOLFHQVHHQGRUVHGLV the department that the person has success-
YDOLG fully completed a motorcycle rider education
course established by the department under
 F7KHDSSURSULDWHIHHXQGHU256
must be paid upon renewal of the endorsement
in addition to any fee for renewal of the license
HQGRUVHG
2567KLVUHTXLUHPHQWLVLQDGGLWLRQ
WRDQ\RWKHUUHTXLUHPHQWIRUWKHHQGRUVHPHQW
(2) Subsection (1) of this section does not
apply to a person applying for issuance of a
 G([FHSWDVSURYLGHGXQGHU256RU
DVVSHFLÀFDOO\SURYLGHGXQGHU256DQ
endorsement cannot be canceled, suspended or
UHYRNHGVHSDUDWHO\IURPWKHOLFHQVHHQGRUVHG
When an endorsed license is canceled, sus-
PRWRUF\FOHHQGRUVHPHQWXQGHU256
ZKR
(a) Currently holds a motorcycle endorse-
ment issued by another state; or
pended or revoked, all endorsements on the
license are subject to the same cancellation,
VXVSHQVLRQRUUHYRFDWLRQDVWKHOLFHQVH
(4) Before the department may renew any
license with a motorcycle endorsement, the
applicant shall pay the department the Motor-
cycle Safety Subaccount fee established under
256LQDGGLWLRQWRDQ\IHHIRUUHQHZDO
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807.173 Additional requirements for
hazardous materials endorsement; rules.
 E,VDSSO\LQJIRUDUHVWULFWHGPRWRUF\FOH
endorsement that only authorizes the person
to operate a motorcycle with more than two
ZKHHOV>F†F†
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(Permits)
807.200 Types of permit. (1) The following
permits may be issued as restricted Class C
OLFHQVHV
(a) Disability golf cart driver permits
GHVFULEHGXQGHU256
1RWZLWKVWDQGLQJ256WKH'HSDUW-
ment of Transportation may not issue or renew
a commercial driver license with a hazard-
ous materials endorsement and may cancel a
commercial driver license with a hazardous
PDWHULDOVHQGRUVHPHQWLIDSHUVRQ (2) Hardship driver permits described under
(a) Does not complete and pass a security
threat assessment from the federal Trans-
portation Security Administration, including
receipt by the department of a notice from
 E(PHUJHQF\GULYHUSHUPLWVGHVFULEHG
XQGHU256
(c) Special student driver permits described
XQGHU256
256DQGSUREDWLRQDU\GULYHUSHUPLWV
GHVFULEHGXQGHU256PD\EHLVVXHGDV
&ODVV&OLFHQVHV5HVWULFWLRQVRQWKHOLFHQVHDUH
DVSURYLGHGXQGHU256DQG
the federal Transportation Security Admin-
istration showing that the person does not
SRVHDVHFXULW\WKUHDW7KHGHSDUWPHQWVKDOO
establish by rule the process and frequency for
REWDLQLQJDVHFXULW\WKUHDWDVVHVVPHQW
 ,QVWUXFWLRQGULYHUSHUPLWVGHVFULEHG
XQGHU256PD\EHLVVXHGIRUD&ODVV
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(4) Motorcycle instruction driver permits
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 E,VDVVHVVHGDVDVHFXULW\WKUHDWE\WKH
federal Transportation Security Administra-
WLRQ7KHDVVHVVPHQWPXVWEHUHFHLYHGE\WKH
department in the form of a notice from the fed-
HUDO7UDQVSRUWDWLRQ6HFXULW\$GPLQLVWUDWLRQ
only to persons having a commercial driver
OLFHQVHRUD&ODVV&OLFHQVH
(5) Commercial learner driver permits
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for Class A, Class B or Class C commercial
 F,VQRWD86FLWL]HQRUSHUPDQHQWOHJDO
UHVLGHQWDVGHÀQHGE\WKHGHSDUWPHQWE\UXOH
(2) A person is entitled to administrative
UHYLHZXQGHU256ZKHQWKHGHSDUW-
ment does not issue or renew a commercial
driver license with a hazardous materials
endorsement under this section or cancels a
commercial driver license with a hazardous
PDWHULDOVHQGRUVHPHQWXQGHUWKLVVHFWLRQ
(3) To the extent possible, rules promulgated
by the department under this section should
be uniform with any applicable federal regu-
lations related to the holding of a commercial
Title 59 Page 142
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807.210 Disability golf cart permit; fees.
The Department of Transportation shall pro-
vide for issuance of disability golf cart driver
permits in a manner consistent with this
VHFWLRQ$GLVDELOLW\JROIFDUWGULYHUSHUPLW
grants the driving privileges provided in this
VHFWLRQRUXQGHUWKHSHUPLW([FHSWDVRWKHU-
wise provided in this section, a disability golf
cart driver permit is subject to the fees, pro-
visions, conditions, prohibitions and penalties
DSSOLFDEOHWRD&ODVV&OLFHQVH7KHIROORZLQJ
DSSO\WRDGLVDELOLW\JROIFDUWGULYHUSHUPLW
(2015 Edition)
 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
(1) The department shall issue a disability
golf cart driver permit only to persons with
DPEXODWRU\GLVDELOLWLHV
(2) The department shall issue a disabil-
ity golf cart driver permit to an applicant
who would not qualify for a license because
of the person’s disability if the department
determines that the person’s disability does
not prevent the person from reasonable and
ordinary control of vehicles operated under
the permit when operated as allowed under
WKHSHUPLW
 
(d) The department may establish a form for
the permit that differs from the form required
IRUDOLFHQVH
(e) The only fee required for issuance of
the permit is the emergency driver permit fee
XQGHU256
(f) The department may establish a period
for the expiration of the permit that coincides
with the end of the emergency that is the basis
IRUWKHSHUPLW
(g) The department shall cancel the permit
if the department determines that the holder
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placed on the permit by the department, the any highway or for any purpose other than one
permit only grants driving privileges for the DSSURYHGXQGHUWKHSHUPLW
operation of golf carts or substantially similar
vehicles on roads or streets in an area with a
speed designation not greater than 25 miles
SHUKRXU
(4) The department may require an applicant
 K,IDQHPHUJHQF\GULYHUSHUPLWLVFDQ-
celed, the person issued the permit is ineligible
to be issued another emergency driver permit
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for the permit to demonstrate that the appli-
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privileges granted under a disability golf cart
driver permit notwithstanding the disability
RIWKHSHUVRQ
(5) The fees for issuance or renewal of a dis-
ability golf cart driver permit are the disability
golf cart driver permit issuance or renewal fees
HVWDEOLVKHGXQGHU2567KLVVXEVHF-
tion only affects the fees payable for issuance
and renewal and is not an exemption from
payment of other fees payable at the time of
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requirements for the emergency driver permit,
the applicant must obtain the endorsement on
the application of the sheriff of the county in
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(4) The department may issue an emergency
GULYHUSHUPLWLIWKHSHUVRQTXDOLÀHVIRUWKH
permit, to a person whose driving privileges
DUHVXVSHQGHGXQGHU256EHFDXVH
the department has received an order suspend-
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addition to other emergencies, a situation that
leaves the applicant with no alternative means
to travel to and from school is an emergency
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permit who commits the offense of violation
RIOLFHQVHUHVWULFWLRQVXQGHU256E\
driving on a road or street in an area with a
speed designation greater than 25 miles per
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807.220 Emergency driver permit; fees.
(1) The Department of Transportation shall
provide for the issuance of emergency driver
permits in a manner consistent with this
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for purposes of a permit issued under this sub-
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807.230 Special student driver permit;
fees. The Department of Transportation shall
provide for issuance of special student driver
permits in a manner consistent with this sec-
WLRQ$VSHFLDOVWXGHQWGULYHUSHUPLWJUDQWV
the driving privileges provided in this section
RUXQGHUWKHSHUPLW([FHSWDVRWKHUZLVHSUR-
vided in this section, a special student driver
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF-
tion an emergency driver permit is subject to
the fees, provisions, conditions, prohibitions
DQGSHQDOWLHVDSSOLFDEOHWRD&ODVV&OLFHQVH
(3) The following apply to an emergency
GULYHUSHUPLW dent driver permit to a person 14 years of age
(a) The department may issue an emergency
driver permit to a person 14 years of age or
ROGHU
(b) The department shall place restrictions
on the permit that designate the routes over
ZKLFKWKHSHUPLWLVYDOLG7KHGHSDUWPHQW
shall designate routes it determines necessary
IURPWKHIDFWVFUHDWLQJWKHHPHUJHQF\
(c) The permit shall only be issued if the
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exists that requires operation of a motor vehi-
FOHE\WKHDSSOLFDQW
permit is subject to the fees, provisions, con-
ditions, prohibitions and penalties applicable
WRD&ODVV&OLFHQVH7KHIROORZLQJDSSO\WRD
VSHFLDOVWXGHQWGULYHUSHUPLW
(1) The department may issue a special stu-
RUROGHU
(2) The department shall place restrictions
on the permit to limit operation of a vehi-
cle under the permit to operation necessary
as a means of transportation to or from the
school, college or other educational institution
attended by the person to whom the driver
SHUPLWLVLVVXHG
(3) The permit shall only be issued if the
applicant has no other available means of
transportation by which to continue the appli-
FDQW·VHGXFDWLRQ

Title 59 Page 143 (2015 Edition)

 OREGON VEHICLE CODE

(4) The permit shall only be issued if the
GHSDUWPHQWLVVDWLVÀHGWKDWWKHDSSOLFDQWKDV
KDGVXIÀFLHQWH[SHULHQFHLQWKHRSHUDWLRQRI
motor vehicles to operate a motor vehicle with-
RXWHQGDQJHULQJWKHVDIHW\RIWKHSXEOLF
(5) The department may establish a form for
the permit that differs from the form required
IRUDOLFHQVHWKDWLVLVVXHG
(3) To qualify for a hardship permit, a
person must do all of the following in addi-
tion to any applicable provisions under ORS
DQG
(a) The person must submit to the depart-
ment an application for the permit that
GHPRQVWUDWHVWKHSHUVRQ·VQHHGIRUWKHSHUPLW
(b) The person must present satisfactory
 7KHRQO\IHHUHTXLUHGIRULVVXDQFHRIWKH
permit is the special student driver permit fee
XQGHU256
(7) The department shall cancel the permit
if the department determines that the holder
of the permit has operated a motor vehicle over
any highway or for any purpose other than as
DSSURYHGXQGHUWKHSHUPLW
evidence, as determined by the department
E\UXOH
(A) That the person must operate a motor
vehicle as a requisite of the person’s occupation
or employment;
(B) That the person must operate a motor
vehicle to seek employment or to get to or from
a place of employment;
 ,IDVSHFLDOVWXGHQWGULYHUSHUPLWLVFDQ-
celed, the person issued the permit is ineligible
to be issued any license or driver permit until
the person is old enough to be eligible for a
OLFHQVH
(C) That the person must operate a motor
vehicle to get to or from an alcohol or drug
treatment or rehabilitation program;
(D) That the person or a member of the
person’s immediate family requires medical
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requirements for the special student driver person must operate a motor vehicle in order
SHUPLWWKHDSSOLFDQWPXVW that the treatment may be obtained; or
(a) Certify that the applicant has no other
available means of transportation that would
enable the applicant to continue the applicant’s
education;
(b) Specify the road or highway over which
the applicant desires to operate motor vehicles;
(c) Obtain the endorsement of the sheriff
of the county in which the applicant resides
and of the principal of the school the applicant
attends; and
(d) Provide any other information required
E\WKHGHSDUWPHQW>F†
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are suspended for driving uninsured in vio-
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any other reason and that the person must
operate a motor vehicle in order to provide nec-
essary services to the person or to a member
RIWKHSHUVRQ·VIDPLO\7KHGHSDUWPHQWVKDOO
determine by rule what constitutes necessary
VHUYLFHVIRUSXUSRVHVRIWKLVVXESDUDJUDSK
The rule shall include as necessary services,
but need not be limited to, grocery shopping,
driving the person or the person’s children to
school, driving to medical appointments and
FDULQJIRUHOGHUO\IDPLO\PHPEHUV
807.240 Hardship permit; fees; rules.
The Department of Transportation shall pro-
vide for issuance of hardship driver permits
LQDPDQQHUFRQVLVWHQWZLWKWKLVVHFWLRQ$
hardship driver permit grants the driving
privileges provided in this section or under
WKHSHUPLW([FHSWDVRWKHUZLVHSURYLGHGLQ
this section, a hardship driver permit is subject
to the fees, provisions, conditions, prohibitions
DQGSHQDOWLHVDSSOLFDEOHWRDOLFHQVH7KHIRO-
ORZLQJDSSO\WRDKDUGVKLSGULYHUSHUPLW RQDUHJXODUEDVLV
(1) The department may only issue a permit
to a person whose driving privileges under the
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 F,IWKHSHUVRQLVDSSO\LQJIRUDSHUPLW
because the person or a member of the person’s
immediate family requires medical treatment
on a regular basis, the person must present,
in addition to any evidence required by the
department under paragraph (b) of this subsec-
tion, a statement signed by a licensed physician
RUFHUWLÀHGQXUVHSUDFWLWLRQHUWKDWLQGLFDWHV
that the person or a member of the person’s
immediate family requires medical treatment
(d) The person must show that the person is
not incompetent to drive nor a habitual incom-
petent, reckless or criminally negligent driver
 ([FHSWDVSURYLGHGLQ256WKH
department may reinstate the privilege to
operate a motor vehicle of any person whose
license to operate a motor vehicle has been
suspended by issuing the person a hardship
permit described under this section if such
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department may not issue a hardship permit
authorizing a person to drive a commercial
as established by the person’s driving record
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(e) The person must make a future respon-
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(f ) The person must submit any other
information the department may require for
purposes of determining whether the person
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meets the requirements of this section and
any applicable requirements under ORS

Title 59 Page 144 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
DQGWKH
department may issue the person a hardship
permit, valid for the duration of the suspension
or for a shorter period of time established by
the department unless sooner suspended or
UHYRNHGXQGHUWKLVVHFWLRQ,IWKHGHSDUWPHQW
issues the permit for a period shorter than the
suspension period, renewal of the permit shall
be on such terms and conditions as the depart-
PHQWPD\UHTXLUH7KHSHUPLW seek or retain employment, to attend any
(a) Shall limit the holder to operation of a
PRWRUYHKLFOHRQO\GXULQJVSHFLÀHGWLPHV
(b) May bear other reasonable limitations
relating to the hardship permit or the operation
of a motor vehicle that the department deems
SURSHU RU QHFHVVDU\ 7KH OLPLWDWLRQV PD\
include any limitation, condition or require-
PHQW9LRODWLRQRIDOLPLWDWLRQLVSXQLVKDEOH
DVSURYLGHGE\256RU
(5) The department, upon receiving satisfac-
tory evidence of any violation of the limitations
of a permit issued under this section or limita-
tions placed on a hardship permit under ORS
RUPD\VXVSHQGRUUHYRNHWKH
 
inhalants or controlled substances as described
LQ256WKHMXGJHPXVW
(A) Make the recommendation with refer-
ence to the best interest of the public as well
as of the defendant and the recommendation
PXVWEHLQZULWLQJ
(B) Recommend times, places, routes and
days minimally necessary for the person to
alcohol or drug treatment or rehabilitation
program or to receive necessary medical treat-
ment for the person or a member of the person’s
LPPHGLDWHIDPLO\
(2) The department may not issue a hardship
permit to a person whose suspension of driving
privileges is based on a conviction described in
256
(3) The department may not issue a hard-
ship permit to a person whose driver license or
driver permit is suspended pursuant to ORS
WR
(4) The department may not issue a hardship
permit to a person whose driving privileges
KDUGVKLSSHUPLW DUHVXVSHQGHGSXUVXDQWWR256RU
RU>F†F
  7KH IHH FKDUJHG IRU DSSOLFDWLRQ RU
issuance of a hardship driver permit is the
hardship driver permit application fee under
2567KHGHSDUWPHQWPD\QRWUHIXQG
the fee if the application is denied or if the
GULYHUSHUPLWLVVXVSHQGHGRUUHYRNHG7KHIHH
upon renewal of the driver permit is the same
IHHDVWKDWFKDUJHGIRUUHQHZDORIDOLFHQVH7KH
application fee charged under this subsection is
in addition to any fee charged for reinstatement
RIGULYLQJSULYLOHJHVXQGHU256
(7) The department may issue a permit
granting the same driving privileges as those
suspended or may issue a permit granting
fewer driving privileges, as the department
determines necessary to assure safe operation
†F†F†F
††F†F†F
†F†@
807.252 Restrictions on issuance of
hardship permit to person convicted of
assault in second, third or fourth degree.
(1) The Department of Transportation may not
issue a hardship permit to a person whose driv-
ing privileges are suspended for conviction of
assault in the second, third or fourth degree if
the person, within 10 years preceding applica-
WLRQIRUWKHSHUPLWKDVEHHQFRQYLFWHGRI
(a) Any degree of murder, manslaughter,
criminally negligent homicide or assault result-
ing from the operation of a motor vehicle;
RIPRWRUYHKLFOHVE\WKHSHUPLWKROGHU>  E 5HFNOHVV GULYLQJ DV GHÀQHG LQ 256
F†F†F† 
F†F†F†
F†F†F†  F 'ULYLQJ ZKLOH XQGHU WKH LQÁXHQFH RI
F†F†F† LQWR[LFDQWVDVGHÀQHGLQ256
F†F†@ (d) Failure to perform the duties of a driver
807.250 Restrictions on issuance of involved in an accident or collision, as described
hardship permit.  ,Q DGGLWLRQ WR DQ\
UHTXLUHPHQWVXQGHU256DQGDQ\
DSSOLFDEOHFRQGLWLRQVXQGHU256DQG
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
may not issue a hardship permit under ORS
WRDSHUVRQZKRVHVXVSHQVLRQRIGULY-
ing privileges is based upon a conviction of any
of the following unless the person submits to
the department a recommendation from the
MXGJHEHIRUHZKRPWKHSHUVRQZDVFRQYLFWHG 256
LQ256RU
(e) Criminal driving while suspended or
UHYRNHGDVGHÀQHGLQ256
(f) Fleeing or attempting to elude a police
RIÀFHUDVGHÀQHGLQ256RU
(g) Aggravated vehicular homicide, as
GHÀQHGLQ256RUDJJUDYDWHGGULY-
LQJZKLOHVXVSHQGHGRUUHYRNHGDVGHÀQHGLQ
 D256 (2) A conviction arising out of the same
 E256 episode as the current suspension is not con-
sidered a conviction for purposes of subsection
 F 'ULYLQJ ZKLOH XQGHU WKH LQÁXHQFH RI
LQWR[LFDQWV,IDSHUVRQ·VGULYLQJSULYLOHJHV
are suspended for a conviction for driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVDQG
WKHSHUVRQLVGHWHUPLQHGXQGHU256
to have a problem condition involving alcohol,
RIWKLVVHFWLRQ
(3) The department may not issue a hardship
permit to a person whose driving privileges
are suspended for a conviction of assault in
WKHVHFRQGWKLUGRUIRXUWKGHJUHH

Title 59 Page 145 (2015 Edition)

 OREGON VEHICLE CODE

(a) For a period of four years from the date
the department suspends driving privileges if
the person’s driving privileges are suspended
for conviction of assault in the second degree
and the person was not incarcerated for that
FRQYLFWLRQ
(b) For a period of four years from the date
the person is released from incarceration for
the conviction if the person’s driving privileges
are suspended for conviction of assault in the
second degree and the person was incarcerated
IRUWKDWFRQYLFWLRQ
(c) For a period of two years from the date
the department suspends driving privileges if
the person’s driving privileges are suspended
for conviction of assault in the third degree
and the person was not incarcerated for that
FRQYLFWLRQ
(d) For a period of two years from the date
the person is released from incarceration for
the conviction if the person’s driving privileges
are suspended for conviction of assault in the
third degree and the person was incarcerated
IRUWKDWFRQYLFWLRQ
(e) For a period of six months from the date
the department suspends driving privileges if
the person’s driving privileges are suspended
for conviction of assault in the fourth degree
and the person is not incarcerated for that
FRQYLFWLRQ
(f) For a period of six months from the date
the person is released from incarceration for
the conviction if the person’s driving privileges
are suspended for conviction of assault in the
fourth degree and the person was incarcerated
IRUWKDWFRQYLFWLRQ
(4) A hardship permit issued to a person
whose driving privileges are suspended
because of a conviction for assault in the
second, third or fourth degree shall limit the
SHUVRQ·VGULYLQJSULYLOHJHV ary driver permit to a person whose driving
(a) To the times, places, routes and days
the department determines to be minimally
necessary for the person to seek or retain
employment, to attend any alcohol or drug
treatment or rehabilitation program or to
obtain required medical treatment for the
person or a member of the person’s immediate
family; and
(b) To times, places, routes and days that
DUHVSHFLÀFDOO\VWDWHG
(5) The person’s driving privileges under the
permit are subject to suspension or revocation
if the person does not maintain a good driv-
LQJUHFRUGDVGHÀQHGE\WKHDGPLQLVWUDWLYH
rules of the department, during the term of
WKHSHUPLW
 E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVXQGHU256
(c) Failure to perform the duties of a driver
XQGHU256RU
(d) Fleeing or attempting to elude a police
RIÀFHUXQGHU256
(e) Driving while suspended or revoked
XQGHU256RU
(f) Any degree of murder, manslaughter,
criminally negligent homicide or assault
UHVXOWLQJIURPWKHRSHUDWLRQRIDPRWRUYHKLFOH
(g) Aggravated vehicular homicide under
256RUDJJUDYDWHGGULYLQJZKLOHVXV-
SHQGHGRUUHYRNHGXQGHU256>
F†F†F†
F†F†F†@
807.260 Notice to police about hard-
ship permit holders and limitations on
permits. The Department of Transportation
may make arrangements with police agencies
in communities to provide the police agencies
with information concerning the issuance of
KDUGVKLSSHUPLWVXQGHU256WRSHRSOH
within the communities and concerning condi-
WLRQVRUOLPLWVSODFHGXSRQVXFKSHUPLWV>
F†F†@
807.270 Probationary driver permit;
fee; rules. The Department of Transporta-
tion shall provide for issuance of probationary
driver permits in a manner consistent with
WKLVVHFWLRQ$SUREDWLRQDU\GULYHUSHUPLW
grants the driving privileges provided in this
VHFWLRQRUXQGHUWKHSHUPLW([FHSWDVRWKHU-
wise provided in this section, a probationary
driver permit is subject to the fees, provisions,
conditions, prohibitions and penalties applica-
EOHWRD&ODVV&OLFHQVH7KHIROORZLQJDSSO\WR
DSUREDWLRQDU\GULYHUSHUPLW
(1) The department may issue a probation-
privileges have been revoked as a habitual
RIIHQGHUXQGHU256
(2) The department may issue a probation-
ary driver permit that is valid for the duration
of the revocation period unless the permit is
VXVSHQGHGRUUHYRNHG
(3) A probationary driver permit may only
be issued to a person while that person’s driv-
ing privileges and right to apply for driving
privileges are otherwise revoked under ORS
EHFDXVHWKHSHUVRQKDVEHHQGHWHU-
PLQHGWREHDKDELWXDORIIHQGHU
(4) The department may not issue a proba-
tionary driver permit authorizing operation of
DFRPPHUFLDOPRWRUYHKLFOH
(5) The fee charged for application or issu-
 7KHGHSDUWPHQWPD\UHTXLUHWKHSHUVRQ ance of a probationary driver permit is the
to complete a driver improvement program probationary driver permit application fee
XQGHU 256  DV D FRQGLWLRQ RI WKH XQGHU2567KHGHSDUWPHQWPD\QRW
SHUPLW refund the fee if the application is denied or if
WKHGULYHUSHUPLWLVVXVSHQGHGRUUHYRNHG7KH
(7) The department shall condition the application fee charged under this subsection
permit so that the permit will be revoked if is in addition to any fee charged for reinstate-
WKHSHUVRQLVFRQYLFWHGRIDQ\RIWKHIROORZLQJ PHQWRIGULYLQJSULYLOHJHVXQGHU256
 D5HFNOHVVGULYLQJXQGHU256

Title 59 3DJH (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

 %HIRUHDQDSSOLFDQWPD\EHLVVXHGDSUR- of experience in the operation of motor vehicles

bationary driver permit, the applicant must VXEMHFWWRWKHIROORZLQJ
PHHWWKHIROORZLQJTXDOLÀFDWLRQVLQDGGLWLRQ (a) An applicant must be 15 years of age or
WRDQ\RWKHUTXDOLÀFDWLRQVIRUWKHSHUPLW older to receive the same driving privileges as
(a) The applicant must successfully complete DUHJUDQWHGXQGHUD&ODVV&OLFHQVH
a driver improvement course approved by the
department; and
(b) The applicant must submit a report of a
diagnostic examination conducted by a private
physician showing to the satisfaction of the
department that the applicant is physically
and mentally competent to safely operate a
PRWRUYHKLFOH
(7) A person who is issued a probationary
driver permit must continually satisfy the con-
GLWLRQVRIWKHSHUPLW
 E$QDSSOLFDQWPXVWEH\HDUVRIDJHRU
older and have a commercial driver license or
a Class C license to receive the same driving
privileges as are granted under a motorcycle
HQGRUVHPHQW
(c) An applicant must be 18 years of age or
older to receive the same driving privileges
as are granted under any class of license not
RWKHUZLVHSURYLGHGIRUXQGHUWKLVVXEVHFWLRQ
(3) The fees required for issuance or renewal
of an instruction driver permit are the instruc-
 ,IDSHUVRQLVVXHGDSUREDWLRQDU\GULYHU WLRQGULYHUSHUPLWIHHVXQGHU256
permit is convicted of one offense described (4) A Class C instruction driver permit
LQ256RUPRUHWKDQRQHRIIHQVH shall be valid for 24 months from the date of
GHVFULEHG LQ 256   ZLWKLQ DQ\
12-month period, the permit shall be revoked
and no license or permit may be issued for one
\HDUIURPWKHGDWHRIWKHUHYRFDWLRQ
(9) The department may establish by rule
additional limitations for a probationary driver
SHUPLW7KHOLPLWDWLRQVPD\LQFOXGHDQ\OLP-
LWDWLRQFRQGLWLRQRUUHTXLUHPHQW9LRODWLRQRI
a limitation is punishable as provided by ORS
DQG
(10) Upon receiving satisfactory evidence
of any violation of the limitations placed on
a probationary driver permit under this sec-
tion, the department may suspend or revoke the
SUREDWLRQDU\GULYHUSHUPLW>F†
F†F†F†
F†F†F
†F†F†@
807.280 Instruction driver permit; fees.
LVVXDQFH$OORWKHULQVWUXFWLRQGULYHUSHUPLWV
issued under this section shall be valid for one
\HDUIURPWKHGDWHRILVVXDQFH
(5) When an instruction driver permit
expires or is about to expire, the department
shall renew the instruction driver permit if the
KROGHURIWKHLQVWUXFWLRQGULYHUSHUPLWTXDOLÀHV
for renewal of the instruction driver permit
XQGHUWKLVVHFWLRQDQGDSSOLHVIRUUHQHZDO
(a) Within one year of the expiration of an
instruction driver 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 an instruc-
tion driver permit issued by this state at the
time of the applicant’s entry into the Armed
)RUFHV
The Department of Transportation shall pro-
vide for the issuance of instruction driver
permits in a manner consistent with this
VHFWLRQ$SHUVRQZKRLVLVVXHGDQLQVWUXFWLRQ
driver permit may exercise the same driving
privileges as those under the class of license
or endorsement for which the permit is issued
except as provided in this section or under the
SHUPLW([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
section, an instruction driver permit is subject
to the fees, provisions, conditions, prohibitions
and penalties applicable to a license or endorse-
PHQWJUDQWLQJWKHVDPHGULYLQJSULYLOHJHV7KH
IROORZLQJDSSO\WRDQLQVWUXFWLRQGULYHUSHUPLW the expiration of the instruction driver permit
(1) An instruction driver permit is subject to
WKHVDPHFODVVLÀFDWLRQVDQGHQGRUVHPHQWVDVD
OLFHQVH7KHGHSDUWPHQWPD\LVVXHDQLQVWUXF-
tion driver permit to grant the same driving
privileges as a Class C driver license or as a
motorcycle endorsement, but the instruction
driver permit will also be subject to the pro-
YLVLRQVRIWKLVVHFWLRQ
(2) The department may issue an instruc-
WLRQGULYHUSHUPLWWRDSHUVRQZKRLVTXDOLÀHG
to obtain the same driving privileges under
the corresponding class of license or type of
endorsement except for the person’s age or lack
Title 59 Page 147
 7RTXDOLI\IRUUHQHZDORIDQLQVWUXFWLRQ
driver permit, a person must meet all of the
requirements for the type of instruction driver
permit sought to be renewed, except that the
department may waive the examination unless
the department has reason to believe that the
DSSOLFDQWLVQRWTXDOLÀHGIRUWKHLQVWUXFWLRQ
GULYHUSHUPLW
(7) An instruction driver permit that is
renewed under this section may be used on
RUDIWHUWKHGDWHRILVVXDQFH,IWKHGHSDUW-
ment issues an instruction driver permit
renewal to a person under this section before
EHLQJUHQHZHGWKHROGHUSHUPLWLVLQYDOLG$Q
instruction driver permit that becomes invalid
under this subsection shall be surrendered to
WKHGHSDUWPHQW
(8) The holder of the instruction driver
permit may not operate a motor vehicle
unless the holder has the instruction driver
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
\HDUVRIDJH7KHDFFRPSDQ\LQJSHUVRQPXVW
be occupying a seat beside the holder of the
(2015 Edition)
 OREGON VEHICLE CODE

instruction driver permit unless the instruc-
tion driver permit is for motorcycle driving
SULYLOHJHV)RUDQLQVWUXFWLRQGULYHUSHUPLW
granting motorcycle driving privileges, the
holder of the instruction driver permit must
be in the company and under the supervision
and visual observation of the accompanying
person and the accompanying person must be
RSHUDWLQJDVHSDUDWHPRWRUF\FOH
(9) The holder of an instruction driver
 ,QDGGLWLRQWRPHHWLQJWKHUHTXLUHPHQW
of providing proof of legal presence under ORS
DQGDQDSSOLFDQWIRUDFRP-
mercial learner driver permit must submit
YDOLGGRFXPHQWDWLRQDVGHÀQHGE\WKHGHSDUW-
ment by rule, that the person is a citizen or
SHUPDQHQWOHJDOUHVLGHQWRIWKH8QLWHG6WDWHV
(5) A commercial learner driver permit is
valid for a period of one year from the date of
LVVXDQFHDQGLVQRWUHQHZDEOH
permit granting motorcycle driving privileges
is subject to the following in addition to any
RWKHUUHTXLUHPHQWVXQGHUWKLVVHFWLRQ motor vehicle unless the holder has the permit
(a) The holder may operate a motorcycle only
GXULQJGD\OLJKWKRXUV
(b) The holder may not carry any passengers
RQWKHPRWRUF\FOH
(c) The holder of the instruction driver
permit must wear an approved helmet while
RSHUDWLQJDPRWRUF\FOH
(10)(a) The department may issue an
instruction driver permit to a person with
a limited vision condition if a rehabilitation
WUDLQLQJVSHFLDOLVWFHUWLÀHVWRWKHGHSDUWPHQW
that the person has successfully completed a
UHKDELOLWDWLRQWUDLQLQJSURJUDP
(b) As used in this subsection, “limited
YLVLRQFRQGLWLRQµ´UHKDELOLWDWLRQWUDLQLQJVSH-
 7KHKROGHURIWKHFRPPHUFLDOOHDUQHU
driver permit may not operate a commercial
in the holder’s immediate possession and is
accompanied by a person who is at least 21
years of age and who holds a class of commer-
cial driver license and endorsements that grant
the driving privileges required to operate the
YHKLFOH7KHDFFRPSDQ\LQJSHUVRQPXVWKDYH
the permit holder under observation and direct
supervision and must be occupying a seat
beside the holder of the permit or, in the case
of a commercial passenger vehicle, directly
EHKLQGRULQWKHÀUVWURZEHKLQGWKHGULYHU
(7) The holder of a commercial learner
SHUPLWPD\QRWRSHUDWH
(a) Any vehicle transporting hazardous
PDWHULDOV
FLDOLVWµDQG´UHKDELOLWDWLRQWUDLQLQJSURJUDPµ  E$WDQNYHKLFOHXQOHVVWKHWDQNLVHPSW\
have the meanings given those terms in ORS (c) A commercial passenger vehicle while
 transporting passengers, unless the passen-
 ,QDGGLWLRQWRDQ\RWKHUUHTXLUHPHQWV gers are federal or state auditors or inspectors,
under this section, the holder of an instruc- test examiners or other trainees and there is a
tion driver permit issued under subsection commercial driver license holder accompanying
(10) of this section may operate a motor vehi-
FOHRQO\ZKHQXVLQJDELRSWLFWHOHVFRSLFOHQV
>F†F†F
†F†F†F
†F†F†F
††F††F††
F††F†F
WKHSHUPLWKROGHUDVUHTXLUHGE\VXEVHFWLRQ
RIWKLVVHFWLRQ
(d) A school bus while transporting passen-
gers, unless the other passengers are federal or
state auditors or inspectors, test examiners or
other trainees and there is a commercial driver
license holder accompanying the permit holder
†@
807.285 Commercial learner driver
permit; fees. (1) The Department of Trans-
portation shall issue commercial learner driver
SHUPLWVLQWKHPDQQHUSURYLGHGE\WKLVVHFWLRQ
DVUHTXLUHGE\VXEVHFWLRQRIWKLVVHFWLRQ
(e) A commercial motor vehicle combination
FRQVLVWLQJRIPRUHWKDQRQHWRZHGYHKLFOH
(8) A commercial learner driver permit
must contain all of the applicable information
([FHSWDVSURYLGHGLQWKLVVHFWLRQDSHUVRQ
who is issued a commercial learner driver
permit may exercise the same driving priv-
ileges as those under the class of commercial
driver license or endorsement for which the
SHUPLWLVLVVXHG([FHSWDVSURYLGHGLQWKLV
section, a commercial learner driver permit
is subject to the provisions, conditions, pro-
hibitions and penalties applicable to a license
or endorsement granting the same driving
SULYLOHJHV
(2) The department may issue commercial
learner driver permits under this section
that grant the driving privileges of a Class
A commercial, Class B commercial, or Class
C commercial driver license, subject to the
requirements and restrictions of subsections
GHVFULEHGLQ256DQGDSURPLQHQW
statement that the permit is a commercial
OHDUQHUSHUPLWRU&/3
(9) An applicant for a commercial learner
driver permit must pay the commercial learner
driver permit fee established under ORS
>F†@
807.290 Special temporary instruction
driver permit; fees. (1) The Department of
Transportation shall provide for the issuance
of special temporary instruction driver per-
PLWVLQDPDQQHUFRQVLVWHQWZLWKWKLVVHFWLRQ
([FHSWDVSURYLGHGLQWKLVVHFWLRQDVSHFLDO
temporary instruction driver permit is sub-
ject to the same fees, provisions, conditions,
prohibitions and penalties applicable to an
DQGRIWKLVVHFWLRQ LQVWUXFWLRQGULYHUSHUPLWXQGHU256
(3) An applicant for a commercial learner (2) The department may issue a special
GULYHUSHUPLWPXVWEH\HDUVRIDJHRUROGHU temporary instruction driver permit, without

Title 59 Page 148 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
FKDUJHWRDSHUVRQZKRKDVÀOHGDQDSSOLFDWLRQ
for and paid the fee for a special student driver
permit or an emergency driver permit but was
unable to qualify for the permit because of lack
RIH[SHULHQFHLQWKHRSHUDWLRQRIPRWRUYHKLFOHV
A permit issued under this section shall be
YDOLGIRURQO\GD\V>F†@
807.300>F†EF†
UHSHDOHGE\F†@
807.310 Applicant temporary permit;
rules. (1) The Department of Transportation
shall provide for the issuance of applicant tem-
 
(9) The department may not charge a fee
for issuance of an applicant temporary driver
SHUPLWXQGHUWKLVVHFWLRQ>F†
F†F†F†
F†F†F†@
807.320 Court issued temporary driver
permit. (1) Courts shall provide for issuance
of court issued temporary driver permits in a
PDQQHUFRQVLVWHQWZLWKWKLVVHFWLRQ$FRXUW
issued temporary driver permit grants only
WKRVHGULYLQJSULYLOHJHVVSHFLÀFDOO\JUDQWHG
XQGHUWKHSHUPLW
porary driver permits in a manner consistent
ZLWKWKLVVHFWLRQ
(2) The department may issue an applicant
temporary driver permit to an applicant for a
driver license or for a driver permit while the
department is determining all facts relative
to application for the driver license or driver
SHUPLW7KHGHSDUWPHQWVKDOOVHWIRUWKRQWKH
applicant temporary driver permit the driving
SULYLOHJHVJUDQWHGXQGHUWKHSHUPLW
 ,IDFRXUWWDNHVLPPHGLDWHSRVVHVVLRQRI
DOLFHQVHRUGULYHUSHUPLWXQGHU256
upon suspension or revocation of the driving
privileges under the license or driver permit,
the court shall issue a court issued temporary
driver permit to the person convicted if the
court determines issuance of the permit is nec-
essary to give full effect to the requirement
that the court take the license or driver permit
XQGHU256
(3) The holder of an applicant temporary  $FRXUWLVVXHGWHPSRUDU\GULYHUSHUPLW
driver permit must have the temporary driver  D6KDOOEHLVVXHGLQDIRUPVSHFLÀHGE\WKH
permit on the holder’s person while operating 'HSDUWPHQWRI7UDQVSRUWDWLRQ
DPRWRUYHKLFOH7KHKROGHURIDQDSSOLFDQW
temporary driver permit must operate within
the driving privileges granted under the tem-
SRUDU\GULYHUSHUPLW
(4) An applicant temporary driver permit
is valid for a period of 30 days from the date
LVVXHG7KHGHSDUWPHQWPD\H[WHQGWKHWHUP
RIWKHSHUPLWIRUVXIÀFLHQWFDXVH$QH[WHQVLRQ
of the term of the permit may not exceed an
DGGLWLRQDOGD\V
 E,VYDOLGXQWLOPLGQLJKWRIWKHGD\RIFRQ-
YLFWLRQRIWKHSHUVRQLVVXHGWKHSHUPLW>
F†F†@
807.330 Court bail driver permit. (1)
Courts shall provide for the issuance of court
bail driver permits in a manner and to grant
GULYLQJSULYLOHJHVFRQVLVWHQWZLWKWKLVVHFWLRQ
(2) The court bail driver permit shall act as a
receipt for a license that is accepted as security
E\DFRXUWXQGHU256DQG
 ,IDQDSSOLFDQWKDVFRPSOLHGZLWKDOO
the requirements for an application for a
driver license or driver permit, except that
the applicant is unable to produce the docu-
mentation required by the department under
256DQGWKHGHSDUWPHQW
at the time of application, may issue to the
applicant an applicant temporary driver permit
as provided in this section if the applicant cer-
WLÀHVWKDWWKHDSSOLFDQWLVWRWKHEHVWRIWKH
applicant’s knowledge, legally present in the
(3) The permit confers on the person to whom
it is issued the same driving privileges as the
OLFHQVHZKLFKZDVDFFHSWHGDVVHFXULW\
(4) The Department of Transportation shall
prepare a form for the permit and all permits
issued pursuant to this section shall conform
WRWKHIRUPVRSUHSDUHG
(5) Upon issuance of a permit, a court shall
SURPSWO\QRWLI\WKHGHSDUWPHQWRIWKHIDFW
8QLWHG6WDWHV  7KHGULYLQJSULYLOHJHVJUDQWHGXQGHUWKH
 $QDSSOLFDQWWHPSRUDU\GULYHUSHUPLW
issued to an applicant under subsection (5) of
this section is valid for a period of 90 days from
WKHGDWHLVVXHG7KHGHSDUWPHQWPD\H[WHQG
the term of the permit up to two times for suf-
ÀFLHQWFDXVH(DFKH[WHQVLRQRIWKHWHUPRIWKH
SHUPLWPD\QRWH[FHHGGD\V
SHUPLWDUHYDOLGRQO\XQWLOWKHWLPHÀ[HGIRU
appearance or the expiration of 30 days from
WKHGDWHWKHSHUPLWLVLVVXHGZKLFKHYHUÀUVW
RFFXUV
(7) No fee shall be charged for issuance of the
SHUPLW>F†F†D@
 1RWZLWKVWDQGLQJVXEVHFWLRQRIWKLV
section, the department may, in the manner
provided by rule, further extend the term of the
applicant temporary driver permit for an appli-
cant who needs additional time to obtain the
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DQG
(8) An applicant temporary driver permit
automatically becomes invalid if the applicant’s
license or permit is issued or refused for good
FDXVH
Title 59 Page 149
(Continuing Eligibility)
807.340 Reestablishment of eligibility;
effect of failure to reestablish; waiver of
fee. (1) The Department of Transportation may
require any person to whom a license, driver
permit or endorsement is issued to appear
before the department and reestablish the
person’s eligibility by taking either an exam-
LQDWLRQXQGHU256RUIROORZLQJWKH
SURFHGXUHVLQ256DVDSSURSULDWH
The department may act under this section if
(2015 Edition)
 OREGON VEHICLE CODE

the department has reason to believe that the (5) A person whose driving privileges are
SHUVRQPD\ canceled under this section may regain the
 D1RORQJHUEHTXDOLÀHGWRKROGDOLFHQVH
driver permit or endorsement; or
(b) No longer be able to safely operate a
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canceled driving privileges only by reapplying
for the privileges and establishing eligibility
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department within a reasonable time after
receiving notice from the department under
this section or is unable to reestablish eligibil-
ity to the satisfaction of the department under
(Persons With Limited Vision)
 'HÀQLWLRQVAs used in this sec-
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this section, the department may take action to  ´/LFHQVHGYLVLRQVSHFLDOLVWµPHDQVDQ
suspend the person’s driving privileges under RSKWKDOPRORJLVWRUDQRSWRPHWULVW
256  ´/LPLWHGYLVLRQFRQGLWLRQµPHDQVYLVXDO
(3) A person who is required to take one or acuity in the better eye with best lens correc-
PRUHWHVWVGHVFULEHGLQ256LQRUGHU tion that is no better than 20/80 and no worse
to reestablish eligibility under this section is WKDQ
not required to pay the fee established under  ´5HKDELOLWDWLRQWUDLQLQJSURJUDPµPHDQV
256IRUWKHWHVW>F† a program designed to train a person with a
F†F†F limited vision condition to use a bioptic tele-
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807.350 Cancellation of privileges; issu-
ance of more limited license or permit.
(1) The Department of Transportation, at any
time, may cancel the driving privileges or part
of the driving privileges granted any person
under any class of license or under any endorse-
ment or any driver permit if the department
determines that the person no longer meets the
TXDOLÀFDWLRQVRUUHTXLUHPHQWVIRUWKHOLFHQVH
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(2)(a) The department may immediately
cancel the driving privileges granted any
person under any class of license or under any
endorsement or any driver permit if the person
is unable to reestablish eligibility under ORS
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of Transportation to provide a rehabilitation
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(5) “Special limited vision condition learn-
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department to a person with a limited vision
condition that allows the person to enroll in a
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807.359 Special limited vision condition
learner’s permit. (1) A person with a limited
vision condition may apply for a special limited
YLVLRQFRQGLWLRQOHDUQHU·VSHUPLWLIWKHSHUVRQ
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(A) The person is no longer able to safely LVWZKRGHWHUPLQHVWKDWWKHSHUVRQ
operate a motor vehicle; and (A) Has no ocular diagnosis or prognosis
(B) The person may endanger people or prop- that may result in deterioration of the person’s
erty if the person’s driving privileges are not corrected vision below a 20/200 level of visual
LPPHGLDWHO\FDQFHOHG acuity;
(b) A cancellation under this subsection is  %+DVDYLVXDOÀHOGRIDWOHDVWGHJUHHV
subject to a post-imposition hearing under ORS horizontally and 80 degrees vertically; and
 (C) Would be aided by using a bioptic tele-
(3) Upon cancellation under this section, a scopic lens when operating a motor vehicle;
person whose driving privileges are canceled
shall surrender to the department any license
or driver permit issued for the driving privi-
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is subject to penalty as provided under ORS

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with a bioptic telescopic lens mounted on the
carrier lens;
(c) Submits to the Department of Trans-
portation a report from the licensed vision
specialist certifying that the person meets
 ,IWKHGHSDUWPHQWFDQFHOVGULYLQJSULYL-
leges under this section, the department may
provide for the issuance of a license, driver
permit or license with endorsement or limita-
tions granting driving privileges for which the
SHUVRQGRHVTXDOLI\RUPHHWWKHUHTXLUHPHQWV
the requirements of this subsection;
(d) Submits proof to the department that the
person is enrolled in a rehabilitation training
program; and
(e) Takes the test described under ORS
The department may provide for the waiver of
all or part of the fees relating to the issuance
of a license or driver permit when the depart-
ment issues a driver permit or license under
this subsection, as the department determines
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(2) The department shall issue a special
limited vision condition learner’s permit to a
person who meets the requirements of subsec-
tion (1) of this section upon application and
SD\PHQWRIWKHIHHXQGHU256

Title 59 Page 150 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

 ,IWKHGHSDUWPHQWLVVXHVDVSHFLDOOLP-
ited vision condition learner’s permit to a
person under subsection (2) of this section,
the department shall send the permit to the
rehabilitation training program in which the
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exercise driving privileges granted under ORS
>F†@
807.369 Driving at night. (1) Notwith-
VWDQGLQJ256DSHUVRQZLWKDOLPLWHG
vision condition may operate a vehicle at night
LIWKHSHUVRQ
807.363 Issuance of driver license to  D,VLVVXHGDGULYHUOLFHQVHXQGHU256
person with limited vision condition. 
(1) The Department of Transportation shall
issue a driver license to a person with a limited  E3URYLGHVDFHUWLÀFDWHLVVXHGE\DUHKDELO-
YLVLRQFRQGLWLRQLIWKHSHUVRQ itation training specialist certifying that the
person has successfully completed a rehabili-
(a) Complies with the requirements of ORS tation training program and is able to safely
DQG operate a motor vehicle at night; and
 E3URYLGHVDFHUWLÀFDWHLVVXHGE\DUHKDELO-
itation training specialist certifying that the
person has successfully completed a rehabili-
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(2) A license issued to a person with a limited
vision condition who meets the requirements
of subsection (1) of this section is restricted to
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(a) During daylight hours; and
(b) When the person is using a bioptic tele-
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(3) A person issued a license under this sec-
tion shall be examined every two years by a
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department that the person meets the vision
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(4) A person must use a bioptic telescopic
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(2) As used in this section, “limited vision
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FEES
807.370 License, endorsement and
permit fees. The following are the fees relat-
ing to the issuance and renewal of licenses,
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(1) Disability golf cart driver permit fees
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lens whenever the person is required to take a  D)RULVVXDQFH
test that is an actual demonstration of the per-  E)RUUHQHZDOIHHXQGHU256
son’s ability to operate a motor vehicle without
HQGDQJHULQJWKHVDIHW\RISHUVRQVRUSURSHUW\  (PHUJHQF\GULYHUSHUPLWIHHXQGHU256
>F†F†F†@ 
807.368 Form of permit; rehabilitation  ,QVWUXFWLRQGULYHUSHUPLWIHHVXQGHU256
training specialists; rules. (1) The Depart- DVIROORZV
ment of Transportation shall adopt rules that  D)RULVVXDQFH
HVWDEOLVK
 E)RUUHQHZDO
(a) The form of the special limited vision
condition learner’s permit issued under ORS (4) Commercial learner driver permit issu-
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 E&HUWLÀFDWLRQRIUHKDELOLWDWLRQWUDLQLQJ (5)(a) License issuance fee for a Class C
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(A) Qualifications or requirements for (b) Fee to take the knowledge test for a Class
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WUDLQLQJVSHFLDOLVW (c) Fee to take the skills test for a Class C
(B) The issuance of rehabilitation training OLFHQVH
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(C) The regulation of persons issued reha-
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the rehabilitation training programs offered
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(D) Reasonable fees for issuance of a reha-
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(7) License issuance fee for a commercial
driver license, whether or not the license con-
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(8) Test fees for a commercial driver license
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(2) The department shall adopt by rule
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department as a rehabilitation training spe-
cialist to certify the competency of a person
with a limited vision condition to safely
(a) To take the knowledge test for a Class A
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(b) To take the skills test for a Class A com-
PHUFLDOGULYHUOLFHQVH
(c) To take the knowledge test for a Class B
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Title 59 Page 151 (2015 Edition)

 OREGON VEHICLE CODE

(d) To take the skills test for a Class B com-
PHUFLDOGULYHUOLFHQVH
(e) To take the knowledge test for a Class C
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(f) To take the skills test for a Class C com-
PHUFLDOGULYHUOLFHQVH
(23) Hardship driver permit application fee
XQGHU256
(24) Fee for reinstatement of revoked driving
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(25) Fee for reinstatement of suspended
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(9) Notwithstanding subsection (7) of this  )HHIRUUHLQVWDWHPHQWRIULJKWWRDSSO\
section, for issuance of a commercial driver for driving privileges after a delay under ORS
license of any class when the Department of
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addition to the fee under subsection (7) of this
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(10) Notwithstanding subsection (7) of this
section, for original issuance of a school bus
endorsement to a person who has a commercial
GULYHUOLFHQVHZLWKDSDVVHQJHUHQGRUVHPHQW (b) Fee to take the knowledge test for a Class
(a) $21; or
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fee for reinstatement of suspended driving
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(27) Fee for a special limited vision condition
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(28)(a) License issuance fee for a Class C
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(c) Fee to take the skills test for a Class C
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(29) License issuance fee for a restricted
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(12) Test fees for the knowledge test for (30) License issuance fee for a limited term
endorsements other than motorcycle and farm commercial driver license, whether or not the
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(a) For a hazardous materials endorsement, (31) License renewal fee for a limited term
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 E)RUDWDQNYHKLFOHHQGRUVHPHQW (32) License renewal fee for a Class C lim-
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(d) For a double and triple trailer endorse- (33) Limited term license or limited term
PHQW driver permit replacement fee under ORS
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(13) Fee to take an airbrake knowledge test,

(14) Fee to take an airbrake skills test to
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(15) License renewal fee for a commercial
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(34) Limited term Student Driver Training
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(17) License or driver permit replacement
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(19) Special student driver permit fee under
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(21) Motorcycle Safety Subaccount fee as
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(a) Upon original issuance of motorcycle
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(b) Upon renewal of a license with a motor-
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(22) Probationary driver permit application
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Title 59 Page 152
DQGYHULÀFDWLRQRIELRPHWULFGDWD,Q
DGGLWLRQWRDQ\IHHLPSRVHGXQGHU256
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tion may impose a fee for each driver license,
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issued, renewed or replaced, for the purpose of
covering the costs of purchasing equipment and
establishing and maintaining a database used
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(2) A fee imposed under this section may
not be more than $3 per driver license, driver
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807.390 Waiver of certain fees; rules. (1)
The Department of Transportation, by rule,
may provide for a waiver of the fee under ORS
(2015 Edition)
 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

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(2) Rules adopted by the department under
this section may provide for waiver of the
described fee only when all of the following
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(a) A person requests a change in informa-
tion contained on a license or driver permit
or the department determines such change is
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(b) The change in information requested
under this subsection is generally accomplished
under procedures that do not require the issu-
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shall adopt rules to identify what constitutes
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is not limited to, providing a utility bill, a tax
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card, a selective service card, a mortgage doc-
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may provide the proof of address by submitting
proof in the form of an original document or a
copy of a document, use an electronic device
to display proof of address, or provide proof
through the use of a third party address veri-
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(c) The department decides to issue a new
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(A) For purposes of convenience; or
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department does not generally issue a new
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IDENTIFICATION CARDS
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license or any other grant of driving privileges
to operate a motor vehicle and is to be used
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ment shall use the same security procedures,
processes, materials and features for an iden-
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not required to contain the residence address
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address; contents; renewal; fee; validity;
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Department of Transportation shall issue an WHUPLGHQWLÀFDWLRQFDUGLVVXHGXQGHU256
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card; and
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provides the Social Security number assigned (b) The date on which the limited term iden-
to the person by the United States Social Secu- WLÀFDWLRQFDUGH[SLUHV
rity Administration and proof of legal presence
in the United States or, if the person is not
eligible for a Social Security number, proof of
legal presence in the United States and proof
that the person is not eligible for a Social Secu-
rity number;
(c) Does not have a current, valid driver
license;
(d) Furnishes evidence of the person’s full
legal name, age and identity as the department
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department shall include on the card the fact
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(7) Upon request of the person to whom the
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of proof, as determined by the department by
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may require; and  (DFKRULJLQDOLGHQWLÀFDWLRQFDUGVKDOO
(e) Submits to collection of biometric data expire on a date consistent with the expiration
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(2) The department shall work with other under the terms for renewal of licenses as set
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The department shall require proof to verify
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if the holder of the card changes the hold-
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the department with notice of the change as
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the department shall require proof to verify card was issued and who changes the per-
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Title 59 Page 153 (2015 Edition)

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cards, the department may do any of the SHUPLWZRXOGKDYHH[SLUHG$QLGHQWLÀFDWLRQ

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containing the new address upon receipt of the
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established for issuing a replacement identi-
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subsection (14) of this section, the replacement
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(b) Note the new address on the old identi-
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the same requirements and fees for renewal or
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(a) The person voluntarily surrenders the
person’s driver license or driver permit to the
department based upon the person’s recogni-
tion that the person is no longer competent to
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if the holder of the card changes the holder’s
name from that shown on the card, including a
change of name by marriage, without providing
the department with notice of the change as
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cation card upon payment of the fee required
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graph only applies if the person voluntarily
surrenders the person’s driver license or
driver permit to the department as provided
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a distinguishing number different from the
number on the card being replaced, the person
to whom the card was issued may obtain a
replacement card from the department upon
furnishing proof satisfactory to the department
of the need for such replacement and payment
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 $SSOLFDQWWHPSRUDU\LGHQWLÀ-
cation card; rules. (1) The Department of
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(2) The department may issue an applicant
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while the department is determining all facts
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include the fact that the person is a veteran,
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card is valid for a period of 30 days from the
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cards that are in addition to the reasons iden- cation card, except that the applicant is unable
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SURYLGHGXQGHU256 the department, at the time of application, may
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card, the card is terminated and must be
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reasons that driving privileges or a driver
issue to the applicant an applicant temporary
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to the best of the applicant’s knowledge, legally
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card canceled under this subsection when the
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(18) Notwithstanding any other provision
of this section, the department may issue
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card issued to an applicant under subsection
(4) of this section is valid for a period of 90
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may extend the term of the permit up to two
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subsection without charge when the person
surrenders the person’s driver license or driver
permit to the department for reasons described
LQWKLVVXEVHFWLRQ,IWKHGHSDUWPHQWLVVXHVDQ
LGHQWLÀFDWLRQFDUGXQGHUWKLVVXEVHFWLRQWKH
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time as the surrendered driver license or driver
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section, the department may, in the manner
provided by rule, further extend the term of
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for an applicant who needs additional time to
obtain the documentation required under ORS
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Title 59 Page 154 (2015 Edition)

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card automatically becomes invalid if the appli-
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(8) The department may not charge a fee for
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penalty. (1) A person commits the offense of
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prohibited in relation to a license under ORS
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required in relation to a license under ORS
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 (1) A person commits the offense of unlawful
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 )RUUHSODFHPHQWRIDQLGHQWLÀFDWLRQFDUG permits, forms or camera cards if the person,
 without the authority of the Department of
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(5) For issuance of an original limited term
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Transportation, advertises for the produc-
tion of, produces in any way or causes to be
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cards, licenses, permits, forms or camera cards
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 )RUUHQHZDORIDOLPLWHGWHUPLGHQWLÀFD-
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(7) For replacement of a limited term iden-
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tion cards, licenses or driver permits under the
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licenses, permits, forms or camera cards, is a
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F†F††F††@ subsection (1) of this section that the person
807.420 Failure to notify department FKDUJHGZLWKWKHRIIHQVH
on change of name or address; rules; pen- (a) Was under 21 years of age at the time
alty. $SHUVRQWRZKRPDQLGHQWLÀFDWLRQ
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offense of failure to notify the Department of
7UDQVSRUWDWLRQRQFKDQJHRILGHQWLÀFDWLRQFDUG
holder name or address if the person does not
notify the department in a manner authorized
by the department by rule upon any change of
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(a) Residence address from that noted on the
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(b) Name from that noted on the person’s
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of committing the offense and the person pro-
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solely for the purpose of enabling the person to
purchase alcohol; or
(b) Was under 18 years of age at the time
of committing the offense and the person pro-
solely for the purpose of enabling the person to
purchase tobacco products or inhalant delivery
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 1RWLFHUHTXLUHGXQGHUWKLVVHFWLRQ poses of misrepresentation; penalty. (1) A
(a) Must be given within 30 days of the
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(b) Must be given in person for a change of
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any change reported to the department under
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(4) The offense described in this section,
failure to notify department on change of
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person commits the offense of transfer of doc-
uments for the purposes of misrepresentation
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(a) Manufactures, produces, sells, offers for
sale or transfers to another person any doc-
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driver license or any other document desig-
nated by the Department of Transportation
by rule as acceptable for establishing age or
identity; and
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F†F†@ document may be used to represent a person as
another person in obtaining documents issued

Title 59 Page 155 (2015 Edition)

 OREGON VEHICLE CODE
by a government agency to grant driving priv-
LOHJHVRUIRULGHQWLÀFDWLRQSXUSRVHV
(2) The offense described in this section,
transfer of documents for purposes of misrep-
UHVHQWDWLRQLVD&ODVV$PLVGHPHDQRU>
F†F†F†
F†@
807.520 False swearing to receive
license; penalty. (1) A person commits the
offense of false swearing to receive a driver
OLFHQVHLIWKHSHUVRQPDNHVDQ\IDOVHDIÀGDYLW
RUNQRZLQJO\VZHDUVRUDIÀUPVIDOVHO\WRDQ\
PDWWHUUHTXLUHGWREHVZRUQWRRUDIÀUPHG
in the process of applying for, receiving and
holding a license or driver permit under the
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(2) The offense described in this section,
false swearing to receive a driver license, is a
&ODVV$PLVGHPHDQRU>F†@
807.530 False application for license;
penalty. (1) A person commits the offense of
providing a false application for a license if
the person in applying for a license or driver
(2) The offense described in this section,
KROGLQJPXOWLSOHOLFHQVHVLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†@
807.560 Failure to notify department
upon change of address or name; rules;
penalty. (1) A person to whom a license or
driver permit is issued commits the offense
of failure to notify upon change of driver
address or name if the person does not notify
the Department of Transportation in a manner
authorized by the department by rule upon any
FKDQJHRIWKHSHUVRQ·V
(a) Residence from that noted on the person’s
license or driver permit as issued;
(b) Name from that noted on the person’s
license or driver permit as issued, including
a change of name by marriage; or
(c) Place of employment, if the person is
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address is noted on department records in
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permit or for renewal or replacement thereof  1RWLFHUHTXLUHGXQGHUWKLVVHFWLRQ
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or identity; (b) Must be given in person for a change of
QDPH
 E*LYHVRUXVHVDIDOVHRUÀFWLWLRXVDGGUHVV
(c) Gives or uses a false age;
(d) Makes a false statement;
(e) Conceals a material fact;
(3) Failure to notify upon change of driver
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 I8VHVRUDWWHPSWVWRXVHIDOVHLGHQWLÀFD-
tion documents;
(g) Allows another person to take any test
related to issuance of a license or permit on
behalf of the applicant; or
(h) Otherwise commits fraud in the
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(2) The offense described in this section,
providing a false application for a license, is a
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807.540 Failure to surrender prior
license; penalty. (1) A person commits the
offense of failing to surrender a prior license
if the person accepts a license or driver permit
issued by the Department of Transportation
WRWKDWSHUVRQZLWKRXWÀUVWVXUUHQGHULQJDOO
out-of-state licenses or driver permits issued
WRWKDWSHUVRQ
807.570 Failure to carry or present
license; penalty. (1) A person commits the
offense of failure to carry a license or to present
DOLFHQVHWRDSROLFHRIÀFHULIWKHSHUVRQHLWKHU
(a) Drives any motor vehicle upon a highway
in this state without a license, driver permit or
out-of-state license in the person’s possession;
or
(b) Does not present and deliver such license
RUSHUPLWWRDSROLFHRIÀFHUZKHQUHTXHVWHGE\
WKHSROLFHRIÀFHUXQGHUDQ\RIWKHIROORZLQJ
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(A) Upon being lawfully stopped or detained
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(B) When the vehicle that the person was
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(2) This section does not apply to any person
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the requirement to have a driver license or
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(2) The offense described in this section,
failure to surrender a prior license, is a Class
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807.550 Holding multiple licenses;
penalty. (1) A person commits the offense of
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is a defense to any charge under this section
that the person so charged produce a license,
driver permit or out-of-state license that had
been issued to the person and was valid at the
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holding multiple licenses if the person applies
for and accepts a license or driver permit, other
than an instruction driver permit, when the
person holds an existing license or driver
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arrested or cited for the offense described in
this section only for such time as reasonably
necessary to investigate and verify the person’s
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Title 59 3DJH (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
(5) The offense described in this section, fail-
ure to carry a license or to present a license
WRDSROLFHRIÀFHULVD&ODVV&PLVGHPHDQRU
>F†F†F
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807.580 Using invalid license; penalty.
(1) A person commits the offense of using an
invalid license if the person knowingly displays
or permits to be displayed or possesses any
license or driver permit that the person knows
LVÀFWLWLRXVFDQFHOHGUHYRNHGVXVSHQGHGRU
IUDXGXOHQWO\DOWHUHG
(2) The offense described in this section,
using an invalid license, is a Class A misde-
 
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(2) The offense described in this section,
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to released persons with mental retarda-
tion or mental illness who are licensed
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807.590 Permitting misuse of license;
penalty. (1) A person commits the offense of
permitting misuse of a license if the person
has been issued a license or driver permit
and the person knowingly lends the license
or driver permit to another or knowingly per-
mits another person to use the license or driver
SHUPLW
(2) The offense described in this section,
permitting misuse of a license, is a Class A
PLVGHPHDQRU>F†@
807.600 Using another’s license; pen-
alty. (1) A person commits the offense of using
operators.  ,W VKDOO EH WKH GXW\ RI WKH
superintendent of the hospital for persons
with mental retardation or mental illness to
notify the Department of Transportation as to
released licensed operators who, in the opinion
of the superintendent, should not drive because
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(2) Upon receipt of information submitted
under this section, the department is subject
to the provisions relating to this section under
256>F†F†
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807.710 Reports of persons with cog-
nitive or functional impairment; rules;
another’s license if the person knowingly dis- forms. )RUWKHSXUSRVHVRIWKLVVHFWLRQ
plays or represents as the person’s license or
driver permit a license or driver permit that
KDVQRWEHHQLVVXHGWRWKHSHUVRQ
(2) The offense described in this section,
using another’s license, is a Class A misde-
PHDQRU>F†F†@
 D´3K\VLFLDQµPHDQVDSHUVRQZKRKROGV
a degree of Doctor of Medicine or Doctor of
Osteopathy and is licensed under ORS chapter
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of Naturopathic Medicine and is licensed under
256FKDSWHU
807.610 Employing or providing vehicle  E´+HDOWKFDUHSURYLGHUµPHDQVDSHUVRQ
WRXQTXDOLÀHGGULYHUSHQDOW\(1) A person OLFHQVHGFHUWLÀHGRURWKHUZLVHDXWKRUL]HGRU
commits the offense of employing or providing permitted by the laws of this state to admin-
DYHKLFOHWRDQXQTXDOLÀHGGULYHULIWKHSHUVRQ LVWHUKHDOWKFDUH
GRHVDQ\RIWKHIROORZLQJ  ,QFRQVXOWDWLRQZLWKPHGLFDOH[SHUWVDQG
 D(PSOR\VDQRWKHUSHUVRQIRUWKHSXUSRVH
of engaging in a particular type of operation
of a vehicle for which the person does not have
an appropriate grant of driving privileges
from this state in the form of a license, driver
permit, endorsement or statutory grant of driv-
ing privileges allowing the person to engage in
WKHSDUWLFXODUW\SHRIRSHUDWLRQ
(b) Rents, leases or otherwise furnishes a
motor vehicle owned or controlled by the person
WRDQ\RWKHUSHUVRQZLWKRXWÀUVWVHHLQJWKH
other person’s license, driver permit or license
with endorsement allowing the person, under
the vehicle code, to operate the particular type
RIYHKLFOHEHLQJIXUQLVKHG
(2) The offense described in this section,
employing or providing a vehicle to an unqual-
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F†F†F†@
807.620 Giving false information to
SROLFHRIÀFHUSHQDOW\(1) A person com-
mits the offense of giving false information to
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Title 59 Page 157
experts on cognitive or functional impairments,
the Department of Transportation shall adopt
UXOHVUHTXLULQJUHSRUWLQJDQG
(a) Designating physicians and health care
providers required to report to the depart-
ment a person whose cognitive or functional
impairment affects that person’s ability to
VDIHO\RSHUDWHDPRWRUYHKLFOH
(b) Designating the cognitive or functional
impairments that are likely to affect a person’s
DELOLW\WRVDIHO\RSHUDWHDPRWRUYHKLFOH
(3) Determinations regarding a person’s abil-
ity to safely operate a motor vehicle may not be
based solely on the diagnosis of a medical con-
dition or cognitive or functional impairment,
but must be based on the actual effect of that
condition or impairment on the person’s ability
WRVDIHO\RSHUDWHDPRWRUYHKLFOH
(4) Reports required by the department
under this section shall be upon forms pre-
VFULEHGRUSURYLGHGE\WKHGHSDUWPHQW(DFK
report shall include the person’s name, address,
date of birth, sex and a description of how the
person’s current medical status affects the per-
VRQ·VDELOLW\WRVDIHO\RSHUDWHDPRWRUYHKLFOH
(2015 Edition)
 OREGON VEHICLE CODE
The department shall consider this information
in determining the person’s eligibility for a
GULYHUOLFHQVHRUGULYHUSHUPLW
(5) A designated physician or health care
provider may at any time report to the depart-
ment a person whose cognitive or functional
impairment affects that person’s ability to
safely operate a motor vehicle, without regard
to whether that report is required by rules of
the department adopted under subsection (2)
RIWKLVVHFWLRQ,IWKHUHSRUWLVPDGHLQJRRG
faith, the physician or health care provider
is immune from civil liability that might
RWKHUZLVHUHVXOWIURPPDNLQJWKHUHSRUW$
designated physician or health care provider is
immune from civil liability for failure to make
a report under this section, without regard to
whether that report is required by rules of the
department adopted under subsection (2) of
WKLVVHFWLRQ
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only disclose information regarding the true
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807.730 Issuance of limited term driver
OLFHQVHVDQGLGHQWLÀFDWLRQFDUGV(1) The
Department of Transportation may issue or
replace a limited term driver license, limited
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tion card only for a person who provides proof,
as determined by the department by rule, that
the person is legally present in the United
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(2) A limited term driver license or limited
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(a) During the applicant’s authorized stay
in the United States, but no longer than eight
years from the date of issuance; or
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UHSRUWVPDGHXQGHUWKLVVHFWLRQDUHFRQÀGHQ-  E,IWKHUHLVQRGHÀQLWHHQGWRWKHDXWKR-
tial and shall be used by the department only UL]HGVWD\IRUDSHULRGRIRQH\HDU
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807.720 Filing of death records with
 $OLPLWHGWHUPGULYHUSHUPLWLVYDOLG
(a) During the applicant’s authorized stay
in the United States, but no longer than the
period of time for which a driver permit of the
VDPHW\SHLVLVVXHGE\WKHGHSDUWPHQW
department. On or before the 15th day of
each month, the Director of the Oregon Health
Authority shall forward to the Department
of Transportation a copy of the death record
of any persons within the jurisdiction of the
Director of the Oregon Health Authority who
died from a motor vehicle accident during the
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 ,VVXDQFHRIÀFWLWLRXVGULYHU
licenses and identif ication cards;
 E,IWKHUHLVQRGHÀQLWHHQGWRWKHDXWKR-
rized stay, for a period of one year but no
longer than the period of time for which a
driver permit of the same type is issued by
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(4) A limited term driver license, limited
term driver permit or limited term iden-
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presentation of valid documentation, as
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the limited term driver license, limited term
rules; fees.  ,I UHTXHVWHG WR GR VR E\ D
law enforcement agency, the Department of
7UDQVSRUWDWLRQPD\LVVXHRUUHQHZDÀFWLWLRXV
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undercover criminal investigative duties of the
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(5) A limited term driver license or limited
term driver permit grants the same privileges
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ODZHQIRUFHPHQWDJHQF\
(2) The fees for issuance and renewal of a
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tion card issued under this section shall be the
fees established for issuance and renewal of a
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or the fees established for issuance and renewal
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bear a statement to the effect that the limited
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other grant of driving privileges to operate a
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807.735 Providing assistance to appli-
cants for driver licenses, driver permits
DQGLGHQWLÀFDWLRQFDUGV(1) Using existing
 7KHGHSDUWPHQWPD\GHWHUPLQHE\UXOH resources, the Department of Transportation
(a) What is considered a law enforcement
agency for the purposes of this section; and
(b) The criteria for making a request under
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(4) The department may maintain a driv-
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(5) All information submitted to and main-
tained by the department regarding the true
shall provide ombudsman services to appli-
cants for a driver license, a driver permit or
DQLGHQWLÀFDWLRQFDUG$QRPEXGVPDQVKDOO
DVVLVWDSSOLFDQWVZKRDUHRWKHUZLVHTXDOLÀHG
for issuance, renewal or replacement of a driver
OLFHQVHDGULYHUSHUPLWRUDQLGHQWLÀFDWLRQ
card but who are unable to produce the docu-
mentation required by the department under
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(2) The department may not provide
ombudsman services to an applicant unless

Title 59 Page 158 (2015 Edition)

 '5,9,1*35,9,/(*(6$1','(17,),&$7,21&$5'6
 

WKHDSSOLFDQWFHUWLÀHVLQZULWLQJWKDWWKHDSSOL-
cant is, to the best of the applicant’s knowledge,
OHJDOO\SUHVHQWLQWKH8QLWHG6WDWHV>F
†@
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Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
807.745 Findings regarding personal
information contained in driver licenses,
GULYHUSHUPLWVDQGLGHQWLÀFDWLRQFDUGV
7KH/HJLVODWLYH$VVHPEO\ÀQGVWKDW RIDJH
(1) Oregon recognizes the importance of
SURWHFWLQJWKHFRQÀGHQWLDOLW\DQGSULYDF\RI
an individual’s personal information contained
LQGULYHUOLFHQVHVGULYHUSHUPLWVDQGLGHQWLÀ-
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(2) Machine-readable features found on
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of age or identity, not to facilitate collection of
personal information about individuals nor
to facilitate the creation of private databases
of transactional information associated with
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this section, a private entity may not swipe
DQLQGLYLGXDO·VGULYHUOLFHQVHRULGHQWLÀFDWLRQ
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(a) To verify the authenticity of a driver
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identity of the individual if the individual pays
for a good or service with a method other than
FDVKUHWXUQVDQLWHPRUUHTXHVWVDUHIXQG
(b) To verify the individual’s age when pro-
viding an age-restricted good or service to any
person about whom there is any reasonable
doubt of the person’s having reached 21 years
(c) To prevent fraud or other criminal activ-
ity if an individual returns an item or requests
a refund and the private entity uses a fraud
SUHYHQWLRQVHUYLFHFRPSDQ\RUV\VWHP
(d) To transmit information to a check ser-
vices company for the purpose of approving
negotiable instruments, electronic funds trans-
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(3) A private entity that swipes an individu-
DO·VGULYHUOLFHQVHRULGHQWLÀFDWLRQFDUGXQGHU
subsection (2)(a) or (b) of this section may
not store, sell or share personal information
collected from swiping the driver license or
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cation cards facilitates the crime of identity
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law by the Legislative Assembly but were not
added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legis-
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(4) A private entity that swipes an individu-
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subsection (2)(c) or (d) of this section may store
or share the following information collected
from swiping an individual’s driver license or
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fraud or other criminal activity against the
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issued by this state or any other jurisdiction as (5)(a) A person other than an entity regu-
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LVVXHGXQGHU256RUDFRPSDUDEOH information from a private entity under sub-
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information received only to prevent fraud or
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ual’s name, address, date of birth, photograph,
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(b) A person who is regulated by the federal
Fair Credit Reporting Act and who receives
personal information from a private entity
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ernmental entity, such as a corporation,
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zation, any other legal entity or any natural
SHUVRQ
under subsection (4) of this section may use or
provide the personal information received only
to effect, administer or enforce a transaction
or prevent fraud or other criminal activity, if
the person provides or receives personal infor-
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a device that is capable of deciphering, in an
electronically readable format, the information
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section, a private entity that is a commercial
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Title 59 Page 159 (2015 Edition)

 OREGON VEHICLE CODE

GULYHU OLFHQVH RU LGHQWLÀFDWLRQ FDUG LI WKH
entity obtains permission from the individ-
ual to swipe the individual’s driver license or
LGHQWLÀFDWLRQFDUG
(b) The private entity may swipe the individ-
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(7) A governmental entity may swipe an
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(a) The individual knowingly makes the
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to the governmental entity;
for the purpose of establishing or maintaining
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card for the establishment or maintenance of
a contract shall be limited to the following
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(A) Name;
(B) Address;
(C) Date of birth; and
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(c) The governmental entity is providing
emergency assistance to the individual who
is unconscious or otherwise unable to make the
or
(d) A court rule requires swiping of the
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accurate linking of court records pertaining to
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vate entity to swipe the individual’s driver
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may manually collect the following information
IURPWKHLQGLYLGXDO that swipes, stores, shares, sells or otherwise
(A) Name;
(B) Address;
(C) Date of birth; and
by law, an individual may bring an action to
recover actual damages or $1,000, whichever
is greater, and to obtain equitable relief, if
equitable relief is available, against an entity
uses the individual’s personal information in
YLRODWLRQRIWKLVVHFWLRQ$FRXUWVKDOODZDUG
a prevailing plaintiff reasonable costs and
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of this section was willful or knowing, the court
 ''ULYHUOLFHQVHQXPEHURULGHQWLÀFDWLRQ
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(d) The private entity may not withhold the
provision of goods or services solely as a result
of the individual requesting the collection of
the following information from the individual
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(A) Name;
(B) Address;
(C) Date of birth; and
may increase the amount of the award to no
more than three times the amount otherwise
DYDLODEOH
(9) Any waiver of a provision of this section
is contrary to public policy and is void and
XQHQIRUFHDEOH>F†@
CHAPTER 808
[Reserved for expansion]
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Title 59 3DJH (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
Chapter 809
(',7,21
SUSPENSION AND REVOCATION; IMPOUNDMENT
SUSPENSION AND CANCELLATION
OF REGISTRATIONS AND TITLES
809.010 Court-ordered suspension
809.020 Response to court-ordered
suspension
809.030 Restoration fee
809.040 Hearing; notice; judicial review
809.050 Revocation or suspension of registra-
tion of employer for failure to make
IXWXUHUHVSRQVLELOLW\ÀOLQJ
809.080 Failure to return suspended registra-
tion; penalty
809.090 Cancellation of registration or title
for failure to qualify
809.095 Cancellation of registration for false
FHUWLÀFDWLRQRIFRPSOLDQFHZLWK
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
809.100 Hearing on proposed cancellation or
refusal; judicial review
809.110 Failure to surrender canceled regis-
tration or title; penalty
REGISTRATION, DRIVING PRIVILEGES
OR IDENTIFICATION CARD
809.120 Court-ordered suspension of registra-
tion or driving privileges for weight
violation
809.130 Suspension or revocation of reg-
istration or driving privileges for
unsettled judgment
809.135 Refusal to issue, revocation or
suspension of driving privileges, iden-
WLÀFDWLRQFDUGUHJLVWUDWLRQRUWLWOHIRU
failure to use same name
809.140 Administrative review of suspension,
revocation or cancellation of identi-
ÀFDWLRQFDUGUHJLVWUDWLRQRUGULYLQJ
privileges
DRIVING PRIVILEGES
(Court-Ordered or Recommended Restrictions,
Suspensions, Revocations or Denials)
809.210 Suspension or restriction of driving
SULYLOHJHVIRUIDLOXUHWRSD\ÀQHRU
obey court order; exceptions
809.220 Failure to appear; suspension or
other procedures
809.230 Court suspension or revocation of
nonresident driving privileges
809.235 Permanent revocation of driving
privileges upon conviction of certain
crimes; restoration of privileges
809.240 Court-ordered suspension or revoca-
tion; taking possession of license or
permit; temporary permit
809.260 Court-ordered suspension of driving
privileges for convicted juvenile
809.265 Suspension for inhalant or controlled
substances conviction
Title 59 3DJH
(Additional Authority of Court)
809.267 Additional fee upon notice of suspen-
sion or restriction
809.270 Driver improvement course; enforce-
ment by suspension or restriction of
privileges
(Procedures Following Court
Suspension or Revocation)
809.275 Court to take possession of license or
permit; effective date of suspension
or revocation
809.280 Department procedures following
court order of suspension or revo-
cation; length of suspension or
revocation
(Cancellation, Refusal to Issue,
Suspension or Revocation)
809.310 Cancellation or suspension of driving
privileges; grounds; surrender of
license or permit; duration; reissu-
ance of privileges
809.312 Reissuance of privileges after suspen-
sion for submitting false information
809.320 Cancellation on written request of
parent or legal guardian
809.360 General provisions relating to sus-
pension or revocation of driving
privileges
809.380 Period of suspension; effect; rein-
statement; fee
809.390 Period of revocation; effect; reinstate-
ment; fee
809.400 Suspension or revocation for out-of-
state conviction
 &DQFHOODWLRQDQGGLVTXDOLÀFDWLRQ
from holding driver license with
Class A or Class B farm endorsement
809.409 Revocation for conviction of crime
809.411 Suspension for conviction of crime
809.412 Authority of juvenile court for sus-
pension or revocation
809.415 Suspensions for conduct involving
MXGJPHQWVÀQDQFLDOUHVSRQVLELOLW\
dishonesty
809.416 When person subject to suspension
under ORS 809.415; duration
809.417 Suspension for conduct regarding
accidents
809.419 Suspensions for physical or mental
condition or impairment
809.421 Suspensions for miscellaneous driv-
ing-related actions
809.423 Suspensions for nondriving-related
actions by minors
809.428 Schedule of suspension or revocation
periods for certain offenses
809.430 Notice of suspension, cancellation or
revocation; contents; service
(2015 Edition)
 OREGON VEHICLE CODE

809.440 Hearing and administrative review (Habitual Offenders)

procedures; rules
809.450 Hearing for rescission of suspension
IRUÀQDQFLDODQGIXWXUHUHVSRQVLELOLW\
violations; grounds
809.460 Rescission of suspension or revo-
cation upon appeal of underlying
conviction
809.470 When judgment considered settled for
purposes of suspension requirements
809.480 Driver improvement programs; rules;
purpose; suspension; fee
809.490 Suspension or revocation of driving
privileges of nonresident driver;
reports to home state
809.500 Failure to return suspended, revoked
or canceled license; penalty
(Commercial Driving Privileges)
809.510 Conviction of crime; refusal or failure
of blood alcohol test; suspension in
another jurisdiction
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court order in another jurisdiction;
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Carrier Safety Administration
809.520 Lifetime suspension of commercial
driving privileges
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809.530 Violation of out-of-service order
809.535 Suspension of commercial driver
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violations
809.540 Right to apply
809.545 Administrative review
809.600 Kinds of offenses and number of
convictions
809.605 Determination of which offenses
count; rules
809.610 Restriction of driving privileges;
notice; meeting
809.640 Procedures on habitual offender
determination
809.650 Effect of habitual offender revocation
809.660 Restoration of privileges
VEHICLE IMPOUNDMENT AND
IMMOBILIZATION; SEIZURE
AND FORFEITURE
 'HÀQLWLRQRI´YHKLFOHLPPRELOL]DWLRQ
device”
809.700 Court-ordered impoundment or
immobilization upon conviction;
grounds; duration; vehicles subject;
return; security interest holder rights
809.702 Tampering with vehicle immobiliza-
tion device; penalty
809.710 Authority to refuse to release vehicle
to intoxicated person
809.716 Hearing on impoundment
 ,PSRXQGPHQWIRUVSHFLÀHGRIIHQVHV
grounds; notice; release
809.725 Notice following impoundment under
city or county ordinance
809.730 Seizure of motor vehicle for civil
forfeiture; driving while under the
LQÁXHQFHRILQWR[LFDQWV
809.735 Preemption of local forfeiture
ordinances
809.740 Seizure of motor vehicle for forfei-
ture; driving while suspended or
revoked
809.745 Adoption of policies and procedures
prior to forfeiture

Title 59 3DJH (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

SUSPENSION AND CANCELLATION registration under this subsection the depart-

OF REGISTRATIONS AND TITLES PHQWVKDOO
809.010 Court-ordered suspension. A (a) Destroy the registration card and plates;
court shall order the Department of Transpor- and
tation to suspend the registration of a motor  E,VVXHDQHZUHJLVWUDWLRQFDUGDQGQHZ
vehicle required to be registered by the depart- plates to the owner upon expiration of the
PHQWXSRQFRQYLFWLRQRIWKHWUDIÀFRIIHQVHV SHULRGVSHFLÀHGE\WKHFRXUWLQLWVRUGHUXSRQ
GHVFULEHGLQWKLVVHFWLRQ7KHUHTXLUHPHQW payment by the owner to the department of a
to order the suspension of vehicle registra- UHVWRUDWLRQIHHHVWDEOLVKHGXQGHU256
tion under this section is subject to all of the The department may not charge the owner any
IROORZLQJ fee for the card and plates other than the res-
(1) The court shall order the department to WRUDWLRQIHH
suspend the registration under this section   256  WKH GHSDUWPHQW DIWHU
ZKHQDSHUVRQLVFRQYLFWHG RSSRUWXQLW\IRUKHDULQJXQGHU256
(a) Of driving a motor vehicle while the shall suspend the registration of the person’s
person’s license is suspended or revoked in HPSOR\HU·VYHKLFOHVXQWLOQRWLÀHGE\WKHFRXUW
YLRODWLRQRI256RURU to reinstate the registration and until the
(b) On a second or subsequent charge of driv- department receives proof of compliance with
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQ IXWXUHUHVSRQVLELOLW\ÀOLQJVIURPWKHHPSOR\HU
YLRODWLRQRI256 if the department determines that all of the
IROORZLQJDSSO\
(2) The registration of the following vehicles
VKDOOEHRUGHUHGVXVSHQGHGXQGHUWKLVVHFWLRQ (a) A judgment of the type described under
256ZDVUHQGHUHGDJDLQVWWKHSHUVRQ
(a) Any vehicle required to be registered by
the department of which the convicted person (b) The judgment has remained unsettled
LVWKHRZQHU DVGHVFULEHGE\256IRUGD\V
(b) Any vehicle required to be registered by
the department which the convicted person is
RSHUDWLQJDWWKHWLPHRIWKHSHUVRQ·VDUUHVW
(3) A court may not issue an order to suspend
the registration under this section for more
WKDQGD\V
(4) Upon issuing an order to suspend the
registration under this section, a court shall
issue a copy of the order to the department for
VXVSHQVLRQDFFRUGLQJWR256
(5) The court may order, under this section,
the department to suspend the registration of
a motor vehicle of which the convicted person
LVQRWWKHRZQHURQO\LIWKHFRXUWLVVDWLVÀHGE\
clear and convincing evidence that the owner
knew or had good reason to know that the con-
YLFWHGSHUVRQ RU UHYRNHV YHKLFOH UHJLVWUDWLRQ $ KHDULQJ
(a) Did not have a valid license and know-
ingly consented to the operation of the vehicle
by the convicted person; or
(b) Was operating the vehicle while under
WKHLQÁXHQFHRILQWR[LFDQWV>F†
F†F†F†
F†@
809.020 Response to court-ordered
suspension. When the Department of
Transportation receives an order from a
court to suspend the registration of a vehicle,
the department shall respond to the order as
provided in this section based on the type of
VXVSHQVLRQ,IWKHFRXUWRUGHUVWKHVXVSHQVLRQ
RIUHJLVWUDWLRQXQGHU 2IÀFHRI$GPLQLVWUDWLYH+HDULQJVHVWDEOLVKHG
 F7KHMXGJPHQWFRQWLQXHVWREHXQVHWWOHG
(d) At the time of the accident that is the
source of the judgment, the employee was
driving, with the permission of the employer,
a vehicle owned, operated or leased by the
HPSOR\HU>F†F†
F†F†@
809.030 Restoration fee. The restoration
fee for registration suspended under ORS
EDVHGRQDFRXUWRUGHUXQGHU256
LV>F†@
809.040 Hearing; notice; judicial review.
(1) When a hearing is required under ORS
RUWKH'HSDUWPHQWRI7UDQV-
portation shall afford a person an opportunity
of a hearing before the department suspends
described by this subsection is subject to all
RIWKHIROORZLQJ
(a) Before the hearing, the department shall
provide the person with notice meeting the
UHTXLUHPHQWVXQGHU256
(b) The hearing, if requested, shall be in
the county wherein the person resides unless
the person and the department agree to hold
LWHOVHZKHUH
(c) The hearing shall be conducted as a con-
tested case in accordance with ORS chapter

(d) The hearing shall be conducted by an
administrative law judge assigned from the
  256  WKH GHSDUWPHQW VKDOO XQGHU256
LPSRVHWKHVXVSHQVLRQDVRUGHUHGE\WKHFRXUW (2) The hearing requirements under this
 256WKHGHSDUWPHQWVKDOOIRUWK- section do not apply in any case where the
with suspend the registration and require the GHSDUWPHQWÀQGVDVHULRXVGDQJHUWRWKHSXEOLF
owner to return the registration card and VDIHW\DQGVHWVIRUWKVSHFLÀFUHDVRQVIRUVXFK
SODWHV :KHQ WKH GHSDUWPHQW VXVSHQGV D ÀQGLQJ

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

(3) Judicial review of orders suspending or WKHSHUVRQIDOVHO\FHUWLÀHVFRPSOLDQFHZLWK

revoking registration under this section shall
EHDVSURYLGHGLQ256FKDSWHU>F
†F†F†
F††F†@
809.050 Revocation or suspension of
registration of employer for failure to
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVVXEPLWV
to the department unsatisfactory proof of such
compliance or otherwise fails to comply with
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
(2) Cancellation under this section shall
continue until the person complies with any
PDNHIXWXUHUHVSRQVLELOLW\ÀOLQJ,IDQ applicable financial responsibility filing
employer is required to make future responsi- UHTXLUHPHQWV>F†@
ELOLW\ÀOLQJVE\256DQGIDLOVWRPDNH 809.100 Hearing on proposed cancella-
WKHÀOLQJVWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ tion or refusal; judicial review. (1) When
shall revoke or suspend the vehicle registration the Department of Transportation proposes
of vehicles owned by the employer until the to cancel or refuse to issue or renew title or
RZQHU registration, opportunity for hearing shall be
(a) Makes accident reports as required under DFFRUGHGDVSURYLGHGLQ256FKDSWHU
256DQG (2) Judicial review of orders under this sec-
 E0DNHVIXWXUHUHVSRQVLELOLW\ÀOLQJV
(2) The department shall provide an oppor-
tunity for a hearing described under ORS
EHIRUHVXVSHQGLQJRUUHYRNLQJUHJLV-
WUDWLRQXQGHUWKLVVHFWLRQ>F†@
809.060>F†F†
F†UHQXPEHUHGLQ@
809.070>F†F†
F†MUHSHDOHGE\F†@
809.080 Failure to return suspended
registration; penalty. (1) A person commits
the offense of failure to return suspended reg-
istration if the person has vehicle registration
suspended and the person fails to immediately
return to the Department of Transportation
any registration plates or registration card
issued to the person under the suspended
UHJLVWUDWLRQ
tion shall be in accordance with ORS chapter
>F†F†
F†F†@
809.110 Failure to surrender canceled
registration or title; penalty. (1) A person
commits the offense of failure to surrender can-
celed registration or title if the person holds
any evidence of registration or any evidence
of title issued by the Department of Transpor-
tation that the department has canceled and
the person does not surrender the evidence of
UHJLVWUDWLRQRUWLWOHWRWKHGHSDUWPHQW
(2) The offense described in this section,
failure to surrender canceled registration or
WLWOHLVD&ODVV$PLVGHPHDQRU>F
†F†@
REGISTRATION, DRIVING PRIVILEGES
OR IDENTIFICATION CARD
 ,IDQ\SHUVRQIDLOVWRUHWXUQUHJLVWUDWLRQ
plates or cards as required by this section, the 809.120 Court-ordered suspension of
GHSDUWPHQWPD\UHTXHVWDQ\SHDFHRIÀFHUWR registration or driving privileges for
secure possession thereof and return it to the
GHSDUWPHQW
(3) The offense described in this section,
failure to return suspended registration, is a
&ODVV&PLVGHPHDQRU>F†
F†F†F†@
809.090 Cancellation of registration
or title for failure to qualify. (1) The
Department of Transportation may cancel the
registration or title or both of a vehicle if the
GHSDUWPHQWGHWHUPLQHVWKDW (a) Subject to paragraph (b) of this subsec-
(a) A holder is not entitled thereto; or
(b) All fees applicable to a vehicle, payable
to the department under any provision of law
KDYHQRWEHHQSDLG
(2) Before cancellation under this section
the department must give opportunity for a
KHDULQJXSRQGD\V·QRWLFH7KHQRWLFHVKDOO
EHVHUYHGLQSHUVRQRUE\ÀUVWFODVVPDLO>
F†F†F†
F†@
809.095 Cancellation of registration
IRUIDOVHFHUWLÀFDWLRQRIFRPSOLDQFHZLWK
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV(1)
The Department of Transportation may cancel
the registration of, or right to apply for regis-
tration for, any vehicle owned by a person if
Title 59 3DJH
weight violation. ,QDGGLWLRQWRDQ\RWKHU
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convicting court has authority to order the sus-
pension of the driving privileges of the operator
RIWKHYHKLFOHXVHGWRYLRODWH256RU
the registration of the vehicle if the vehicle is
required to be registered by the Department
RI7UDQVSRUWDWLRQ7KHDXWKRULW\RIDFRXUWWR
order the suspension of driving privileges or
registration under this section is subject to the
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tion, the court may only order suspension for
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(b) For a second or subsequent violation of
256ZLWKLQRQH\HDUDIWHUWKHÀUVW
conviction, the court shall order the suspension
for not less than 30 days nor more than 90
GD\V
(2) Upon ordering a suspension under this
section, a court shall secure the license, driver
permit or registration plates ordered sus-
pended and shall immediately forward them
to the department with the order of suspension
DVSURYLGHGXQGHU256
(3) Upon receipt of an order under this sec-
tion, the department shall proceed as provided
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(2015 Edition)
 6863(16,21$1'5(92&$7,21,03281'0(17
 

†F†F† is entitled to administrative review of the

F†@ action rather than to a formal hearing by the
809.130 Suspension or revocation of department if the suspension, revocation or
registration or driving privileges for FDQFHOODWLRQLVEDVHGXSRQ
unsettled judgment. ,IDFRXUWQRWLÀHV (a) A conviction;
the Department of Transportation under this
section that a judgment remains unsettled as
GHVFULEHGE\256WKHGHSDUWPHQW
must initiate action to determine whether to
suspend or revoke driving privileges under
256RUYHKLFOHUHJLVWUDWLRQRIWKH
HPSOR\HUXQGHU256$FRXUWVKDOO
immediately give the department notice of an
XQVHWWOHGMXGJPHQWXQGHUWKLVVHFWLRQLI section (1) of this section may be subject to
(a) A judgment of the type described under
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a court of this state;
 E1RWLÀFDWLRQIURPDFRXUWWKDWWKHFRXUW
has ordered suspension, revocation or cancel-
lation; or
(c) Notice from a court to the department to
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(2) Actions by the department based on
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administrative review rather than a formal
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F†F†F†@
 E7KHSHUVRQIDLOVZLWKLQGD\VWRVHWWOH
the judgment in the manner required under
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(c) The judgment creditor or the judgment
creditor’s attorney makes a written request
IRUIRUZDUGLQJWRWKHGHSDUWPHQWDFHUWLÀFDWH
stating the judgment has not been settled as
GHVFULEHGLQ256
(2) A court that has given the department
notice of an unsettled judgment under this
section shall immediately forward to the
GHSDUWPHQWDFHUWLÀFDWHVWDWLQJWKDWWKHMXGJ-
ment is appropriately settled and describing
WKHMXGJPHQWDQGSDUWLHVVXIÀFLHQWO\IRULGHQ-
WLÀFDWLRQLI comply with any condition upon which payment
(a) The judgment is settled in the manner
809.200>F†UHSHDOHGE\
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DRIVING PRIVILEGES
(Court-Ordered or Recommended
Restrictions, Suspensions,
Revocations or Denials)
809.210 Suspension or restriction of
GULYLQJSULYLOHJHVIRUIDLOXUHWRSD\ÀQH
or obey court order; exceptions. (1) A court
may do any of the following if the defendant
LVFRQYLFWHGRIDQ\WUDIÀFRIIHQVHDQGIDLOVRU
UHIXVHVWRSD\DÀQHLPSRVHGE\WKHFRXUWRUWR
RIWKHÀQHRUDQ\SDUWRILWZDVVXVSHQGHG
UHTXLUHGXQGHU256DQG
(b) The judgment debtor or the judgment
debtor’s attorney makes a written request for
IRUZDUGLQJWRWKHGHSDUWPHQWDFHUWLÀFDWHVWDW-
ing the judgment has been settled as described
LQ256
(3) The notice made to the department under
this section shall be given by the clerk of the
FRXUWRULIWKHFRXUWKDVQRFOHUNE\WKHMXGJH
>F†F†F
 D ,VVXH D QRWLFH RI VXVSHQVLRQ WR WKH
Department of Transportation that directs the
department to implement procedures under
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(b) Order a defendant’s driving privileges
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(2) The authority granted in this section is
in addition to or instead of any other method
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†@
809.135 Refusal to issue, revocation or
suspension of driving privileges, iden-
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failure to use same name. The Department
of Transportation may refuse to issue, may
revoke or may suspend any license, permit,
LGHQWLÀFDWLRQFDUGWLWOHRUUHJLVWUDWLRQLVVXHG
by the department or for which application
is made to the department if the department
determines that the person issued or apply-
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title or registration has used one name in one
application and another name in any other
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809.140 Administrative review of
suspension, revocation or cancellation
RI LGHQWLÀFDWLRQ FDUG UHJLVWUDWLRQ RU
 ,IDFRXUWSODFHVUHVWULFWLRQVRQGULYLQJ
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(a) The court shall immediately advise the
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(b) Upon removal of such restriction, the
court shall notify the department that the
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(c) The restriction shall remain in effect
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(d) The department shall take action as
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(e) The restrictions may include any restric-
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(f) Violation of the restriction is punishable
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driving privileges. (1) Unless otherwise
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LGHQWLÀFDWLRQ FDUG YHKLFOH UHJLVWUDWLRQ RU
driving privileges are suspended, revoked or
canceled by the Department of Transportation
 ,IWKHFRXUWLVVXHVDQRWLFHRIVXVSHQVLRQ
that directs the department to implement pro-
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WKLVVHFWLRQ

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

(a) And if, at any time within the period of UHLVVXHWKHQRWLFHRIVXVSHQVLRQ7KHUHLVVX-

suspension under this section, a person pays ance does not extend the original period of
WKHÀQHKDVEHJXQPDNLQJSD\PHQWVDFFRUG- VXVSHQVLRQ
ing to the payment schedule established with
the court or has obeyed the order of the court,
the court shall immediately send to the depart-
PHQWDQRWLFHRIUHLQVWDWHPHQW7KHQRWLFH
of suspension may be reissued if the person
FHDVHVPDNLQJSD\PHQWVEHIRUHWKHÀQHLV
SDLGLQIXOO7KHUHLVVXDQFHGRHVQRWH[WHQG
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(b) The department shall take action on the
VXVSHQVLRQDVSURYLGHGXQGHU256
(5)(a) At any time after the court issues a
notice of suspension under this section, the
person whose driving privileges have been sus-
pended may seek reinstatement with the court
if the person is enrolled in a preapprenticeship
SURJUDPDVGHÀQHGLQ256RULVD
UHJLVWHUHGDSSUHQWLFHXQGHU2567KH
court shall issue a notice of reinstatement of
the person’s driving privileges if the person
provides the court with a form that includes
YHULÀFDWLRQIURPWKH%XUHDXRI/DERUDQG
 $SHUVRQZKRVHGULYLQJSULYLOHJHVDUH
reinstated under subsection (5) of this sec-
tion shall establish a payment schedule with
the court and begin making payments within
six months after completing a preapprentice-
ship program and apprenticeship program,
DV GHÀQHG LQ 256  RU VL[ PRQWKV
after completing an apprenticeship program
if the person was never enrolled in a preap-
SUHQWLFHVKLSSURJUDP7KHFRXUWVKDOOUHLVVXH
the notice of suspension if the person does not
establish a payment schedule within the time
UHTXLUHGXQGHUWKLVVXEVHFWLRQ7KHUHLVVX-
ance does not extend the original period of
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(7) A court may not issue a notice of sus-
pension under this section that directs the
department to implement procedures under
256IRUIDLOXUHWRSD\DÀQHUHODWLQJ
to any parking offense, pedestrian offense or
ELF\FOLQJRIIHQVH
,QGXVWULHVWKDWWKHSHUVRQLVHQUROOHGLQD  $QRWLÀFDWLRQE\DFRXUWWRWKHGHSDUW-
preapprenticeship program or is a registered ment under this section shall be in a form
DSSUHQWLFH SUHVFULEHGE\WKHGHSDUWPHQW>F
(b) The bureau shall develop the form pre- †F†F†
VFULEHGLQSDUDJUDSKDRIWKLVVXEVHFWLRQ7KH F†F†F††@
IRUPPXVWLQFOXGH 809.220 Failure to appear; suspension
(A) The name of the person who is enrolled or other procedures. This section estab-
in a preapprenticeship program or registered lishes procedures that are applicable if a
as an apprentice; person fails to appear on a citation for a traf-
(B) A statement from the person’s program, ÀFRIIHQVHRUIDLOVWRDSSHDURQDFLWDWLRQIRUD
certifying that the person is enrolled in the YLRODWLRQRI256$OORIWKHIROORZLQJ
preapprenticeship program or is a registered DSSO\WRWKLVVHFWLRQ
apprentice;
(C) The date on which the person is sched-
uled to complete the program;
(D) For a person who is enrolled in a pre-
apprenticeship program, a statement that the
program will notify the bureau of the registra-
tion of the person as an apprentice under ORS
DIWHUFRPSOHWLRQRIWKHSHUVRQ·VSUH-
apprenticeship program or notify the bureau
of the person’s failure to register; and
 ,IDGHIHQGDQWIDLOVWRPDNHDQ\DSSHDU-
ance required by the court or by law in a
proceeding charging the defendant with a traf-
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WKHFRXUW
(a) Shall issue notice to the Department of
Transportation to suspend for failure to appear
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issues notice under this paragraph, the depart-
ment shall suspend the driving privileges of
 ($VWDWHPHQWWKDWWKHSURJUDPZLOOQRWLI\
the court if the person fails to complete the
program or fails to register as an apprentice
XQGHU256DIWHUFRPSOHWLRQRIDSUH-
DSSUHQWLFHVKLSSURJUDP
(c) Upon the request of a person whose driv-
ing privileges have been suspended under this
section, the bureau shall seek to verify that
WKHSHUVRQDVSURYLGHGXQGHU256
(b) Shall issue notice to the department to
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LI WKH GHIHQGDQW LV FKDUJHG ZLWK D WUDIÀF
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paragraph, the department shall implement
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the person is enrolled in a preapprenticeship
SURJUDPRULVUHJLVWHUHGDVDQDSSUHQWLFH,I
WKHEXUHDXYHULÀHVWKDWWKHSHUVRQLVHQUROOHG
in a preapprenticeship program or is registered
as an apprentice, the bureau shall include
WKHYHULÀFDWLRQRQWKHIRUPGHVFULEHGLQWKLV
VXEVHFWLRQ
 ,QDQ\QRWLFHWRWKHGHSDUWPHQWXQGHU
this section, a court shall certify that the defen-
dant failed to appear in the proceedings in the
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(3) At any time within 10 years from the date
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occurred, a court shall give a second notice to
 G,IWKHFRXUWUHFHLYHVDQRWLFHIURPWKH the department to reinstate the person’s sus-
program that the person has failed to complete pended driving privileges resulting from the
the program, or failed to register as an appren- RULJLQDOQRWLFHLIDQ\RIWKHIROORZLQJRFFXU
WLFHXQGHU256DIWHUFRPSOHWLRQRID  D7KHÀQHIRUWKHRIIHQVHLVSDLGRUWKH
preapprenticeship program, the court shall GHIHQGDQWKDVEHJXQPDNLQJSD\PHQWV

Title 59 3DJH (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

 E7KHFRXUWÀQGVWKHGHIHQGDQWQRWJXLOW\
RURUGHUVDGLVPLVVDORIWKHFDVH
(c) The court determines that the person’s
suspended driving privileges should be rein-
VWDWHGIRUJRRGFDXVH
(4) The court may reissue a notice of sus-
pension if the person ceases making payments
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ance does not extend the original period of
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a blood alcohol content above that jurisdiction’s
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(c) For the purposes of paragraph (b) of this
subsection, a conviction for a driving offense in
another jurisdiction based solely on a person
under 21 years of age having a blood alcohol
content that is lower than the permissible blood
alcohol content in that jurisdiction for a person
21 years of age or older does not constitute a
SULRUFRQYLFWLRQ
 1RWLÀFDWLRQVE\DFRXUWWRWKHGHSDUW- (2)(a) A person whose driving privileges are
ment under this section shall be in a form revoked as described in subsection (1) of this
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the county in which the person’s driving priv-
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under this section for failure to appear on any
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809.230 Court suspension or revocation
of nonresident driving privileges. A court
may suspend or revoke the driving privileges
to operate a motor vehicle in this state of any
nonresident for any cause for which the driving
privileges of a resident of this state may be
VXVSHQGHGRUUHYRNHG>F†@
809.235 Permanent revocation of driv-
ing privileges upon conviction of certain
crimes; restoration of privileges. (1)(a) Not-
ileges were revoked for an order restoring the
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ÀOHGXQGHUWKLVVXEVHFWLRQQRVRRQHUWKDQ
\HDUVDIWHUWKHSHUVRQLV
(A) Released on parole or post-prison
supervision for the crime for which the per-
son’s driving privileges were revoked and any
other crimes arising out of the same criminal
episode;
(B) Sentenced to probation for the crime
for which the person’s driving privileges were
revoked, unless the probation is revoked, in
ZKLFKFDVHWKHSHWLWLRQPD\EHÀOHGQRVRRQHU
than 10 years after the date probation is
revoked; or
(C) Sentenced for the crime for which the
person’s driving privileges were revoked, if no
ZLWKVWDQGLQJ256WKHFRXUWVKDOO
order that a person’s driving privileges be per-
manently revoked if the person is convicted of
DQ\GHJUHHRIPXUGHUDQGWKHFRXUWÀQGVWKDW
the person intentionally used a motor vehicle
as a dangerous weapon resulting in the death
of the victim, or if the person is convicted of
aggravated vehicular homicide, manslaughter
LQWKHÀUVWRUVHFRQGGHJUHHUHVXOWLQJIURPWKH
operation of a motor vehicle, criminally negli-
gent homicide resulting from the operation of
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UHVXOWLQJIURPWKHRSHUDWLRQRIDPRWRUYHKLFOH
(b) The court shall order that a person’s
driving privileges be permanently revoked if
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(b) Notwithstanding paragraph (a) of this
subsection, if during the revocation period for
the crime for which the person was convicted
the person is convicted of a criminal offense
involving a motor vehicle, the person may
ÀOHDSHWLWLRQWRUHVWRUHGULYLQJSULYLOHJHVDV
described in paragraph (a) of this subsection no
sooner than 10 years from the date of the most
UHFHQWFRQYLFWLRQLQYROYLQJDPRWRUYHKLFOH
(c) The district attorney of the county in
which the person’s driving privileges were
revoked shall be named and served as the
UHVSRQGHQWLQWKHSHWLWLRQ
(3) The court shall hold a hearing on a peti-
the person is convicted of felony driving while WLRQÀOHGLQDFFRUGDQFHZLWKVXEVHFWLRQRI
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQ WKLVVHFWLRQ,QGHWHUPLQLQJZKHWKHUWRJUDQW
RI256RULIWKHSHUVRQLVFRQYLFWHG WKHSHWLWLRQWKHFRXUWVKDOOFRQVLGHU
for a third or subsequent time of any of the
IROORZLQJRIIHQVHVLQDQ\FRPELQDWLRQ (a) The nature of the offense for which driv-
LQJSULYLOHJHVZHUHUHYRNHG
 $'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVLQYLRODWLRQRI (b) The degree of violence involved in the
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(c) Other criminal and relevant noncriminal
(ii) The statutory counterpart to ORS behavior of the petitioner both before and after
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 %$GULYLQJXQGHUWKHLQÁXHQFHRILQWR[-
icants offense in another jurisdiction that
involved the impaired driving of a vehicle due
to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination
WKHUHRI
(d) The recommendation of the person’s
SDUROHRIÀFHUZKLFKVKDOOEHEDVHGLQSDUWRQ
a psychological evaluation ordered by the court
to determine whether the person is presently
DWKUHDWWRWKHVDIHW\RIWKHSXEOLF
 H$Q\RWKHUUHOHYDQWIDFWRUV
(C) A driving offense in another jurisdiction
that involved operating a vehicle while having (4) The court shall order a petitioner’s
driving privileges restored if, after a hearing

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

described in subsection (3) of this section, the have committed one of the described offenses,
FRXUWÀQGVE\FOHDUDQGFRQYLQFLQJHYLGHQFH the court in which the person is convicted
WKDWWKHSHWLWLRQHU shall order suspension of the person’s driv-
 D,VUHKDELOLWDWHG LQJSULYLOHJHV7KLVVXEVHFWLRQDSSOLHVWRDQ\
offense involving the possession, use or abuse
(b) Does not pose a threat to the safety of RIDOFRKRO
the public; and
 ,IDFRXUWKDVLVVXHGDQRUGHUVXVSHQGLQJ
 F,IWKHVHQWHQFHIRUWKHFULPHIRUZKLFK
the petitioner’s driving privileges were revoked
required the petitioner to complete an alcohol
or drug treatment program, has completed an
alcohol or drug treatment program in a facility
approved by the Director of the Oregon Health
Authority or a similar program in another
MXULVGLFWLRQ
(5) Upon receiving a court order to restore
a person’s driving privileges, the department
may reinstate driving privileges in accordance
ZLWK256H[FHSWWKDWWKHGHSDUWPHQW
may not reinstate driving privileges of any
person whose privileges are revoked under
this section until the person complies with
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809.240 Court-ordered suspension or
revocation; taking possession of license
driving privileges under this section, the court,
upon petition of the person, may review the
order and may withdraw the order at any time
the court deems appropriate except as provided
LQWKHIROORZLQJ
(a) A court may not withdraw an order for a
period of 90 days following the issuance of the
RUGHULILWLVWKHÀUVWVXFKRUGHULVVXHGZLWK
UHVSHFWWRWKHSHUVRQ
(b) A court may not withdraw an order for
a period of one year following the issuance of
the order if it is the second or subsequent such
RUGHULVVXHGZLWKUHVSHFWWRWKHSHUVRQ
(c) Notwithstanding paragraph (a) of this
subsection, a court may not withdraw an order
for a period of six months if the order is based
on a determination or conviction involving
FRQWUROOHGVXEVWDQFHV
(4) Upon receipt of an order under this
section, the department shall take action as
or permit; temporary permit. ,IDSHUVRQ
is convicted of an offense that will result in
mandatory suspension or revocation under
256WRRU
RUDQ\RWKHUODZUHTXLULQJVXVSHQVLRQ
or revocation of driving privileges upon con-
YLFWLRQRIDQRIIHQVHWKHWULDOMXGJHVKDOO to order suspension of driving privileges, the
(a) Order the revocation or suspension at the
time of conviction for the required period; and
(b) Comply with the requirements under
256WRWDNHSRVVHVVLRQRIWKHOLFHQVH
RUGULYHUSHUPLWRIWKHSHUVRQ
(2) When necessary to give full effect to this
section, a court shall issue a temporary driver
SHUPLWXQGHU256>F†
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809.265 Suspension for inhalant or con-
trolled substances conviction. (1) Unless
WKHFRXUWÀQGVFRPSHOOLQJFLUFXPVWDQFHVQRW
court in which a person is convicted of an
offense described in this subsection shall order
VXVSHQVLRQRIWKHSHUVRQ·VGULYLQJSULYLOHJHV
This subsection applies when a person is con-
YLFWHGRI
(a) Any offense involving manufacturing,
possession or delivery of controlled substances,
except for possession of less than one avoirdu-
pois ounce of marijuana as described in ORS
F†F†@ 
809.250>F†F†
F†F†UHQXPEHUHG
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809.260 Court-ordered suspension of
driving privileges for convicted juvenile.
(1) Whenever a person who is 17 years of age
or younger, but not younger than 13 years of
 E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVLQYLRODWLRQRI256RURI
a municipal ordinance if the person was under
WKHLQÁXHQFHRIDQLQKDODQWRUDFRQWUROOHG
VXEVWDQFH
(2) The court in which a person is convicted
of possession of less than one avoirdupois ounce
age, is convicted of any offense described in
this subsection or determined by a juvenile
court to have committed one of the described
offenses, the court in which the person is con-
victed shall order suspension of the person’s
GULYLQJSULYLOHJHV7KLVVXEVHFWLRQDSSOLHVWR
256DQGWRDQ\RIIHQVHLQYROYLQJWKH
delivery, manufacture or possession of con-
WUROOHGVXEVWDQFHV
(2) Whenever a person who is 20 years
of age or younger, but not younger than 13
years of age, at the time of committing any
offense described in this subsection, is con-
victed or determined by a juvenile court to
Title 59 3DJH
RIPDULMXDQDDVGHVFULEHGLQ256
may order suspension of the person’s driving
privileges if the person is under 18 years of age
and the court determines that suspension of
the person’s driving privileges is necessary for
WKHVDIHW\RIWKHFRPPXQLW\7KHFRXUWVKDOO
LQGLFDWHWKHÀQGLQJVVXSSRUWLQJWKHVXVSHQ-
VLRQLQWKHMXGJPHQW
(3) Upon receipt of an order under this
section, the department shall take action as
GLUHFWHGXQGHU256>F†
F†F†F†
F†@
(2015 Edition)
 6863(16,21$1'5(92&$7,21,03281'0(17
 
(Additional Authority of Court)
809.267 Additional fee upon notice of
suspension or restriction. A court shall add
a $15 fee to the judgment in any case in which
the court gives notice to the Department of
Transportation of the suspension or restric-
WLRQRIDGHIHQGDQW·VGULYLQJSULYLOHJHV7KHIHH
shall be added to the judgment without further
notice to the defendant or further order of the
FRXUW7KLVVHFWLRQDSSOLHVWRVXVSHQVLRQVRU
restrictions ordered by a court for failure of a
person to comply with a court order or with any
conditions imposed by the court, for failure to
SD\DÀQHRUIRUIDLOXUHWRDSSHDUDVUHTXLUHG
E\256>F†F
†F†@
809.270 Driver improvement course;
enforcement by suspension or restriction
of privileges. (1) A court may require that a
GHIHQGDQWFRQYLFWHGRIDWUDIÀFRIIHQVHVXF-
FHVVIXOO\FRPSOHWHZLWKLQDWLPHÀ[HGE\WKH
judge, a defensive driving or other appropriate
driver improvement course conducted by the
Department of Transportation or any other
rehabilitative program and may use the sus-
pension or restriction of the person’s driving
privileges or right to apply for driving privi-
OHJHVWRHQIRUFHWKHUHTXLUHPHQWE\RUGHULQJ (3) A suspension or revocation of driving
(a) The suspension until the defendant suc-
cessfully completes the program; or
(b) The suspension or restriction if the
defendant fails to successfully complete the
SURJUDP
(2) The authority granted under this sec-
WLRQLVLQDGGLWLRQWRDQ\ÀQHRULPSULVRQPHQW
authorized by law, including probation and
suspension of imposition or execution of any
VHQWHQFHXSRQFRQGLWLRQVRUGHUHGE\WKHFRXUW
(c) The department shall take action on the
suspension or reinstatement as provided under
256
(d) The judge shall comply with the require-
PHQWVXQGHU256WRWDNHSRVVHVVLRQ
RIWKHOLFHQVHRUSHUPLWRIWKHSHUVRQ>
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(Procedures Following Court
Suspension or Revocation)
809.275 Court to take possession of
license or permit; effective date of sus-
pension or revocation. (1) A court shall take
immediate possession of any license or driver
permit held by a defendant that is issued by
any jurisdiction if the court orders a suspen-
VLRQRUUHYRFDWLRQXQGHU256

RU
(2) Upon taking possession of a license
or permit under this section, a court shall
immediately forward to the Department of
Transportation the license or permit and a copy
of the suspension or revocation order or other
information satisfactory to the department and
WRWKH6WDWH&RXUW$GPLQLVWUDWRU
privileges becomes effective on the date a
court takes possession of a license or permit
under this section or orders the suspension or
UHYRFDWLRQ
(4) The department is not required to provide
further notice of a suspension or revocation
RUGHUHGE\WKHFRXUW
(5) Nothing in this section requires a court
to take additional action, after the conclusion
of the sentencing hearing, to secure the driver
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 ,IDFRXUWSODFHVUHVWULFWLRQVRQGULYLQJ
SULYLOHJHVXQGHUWKLVVHFWLRQ 809.280 Department procedures fol-
(a) The judge shall immediately advise the
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(b) Upon removal of such restrictions, the
court shall notify the department in writing
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(c) The restriction shall remain in effect
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(d) The department shall take action as
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(e) The restrictions may include any restric-
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(f) Violation of the restriction is punishable
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lowing court order of suspension or
revocation; length of suspension or
revocation. (1) Upon receipt of a court order
XQGHU256WKH'HSDUWPHQWRI7UDQV-
portation shall suspend the person’s driving
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HIIHFWXQWLOWKHGHSDUWPHQWLVQRWLÀHGE\WKH
court that the suspension is ended, except
that, if the department is ordered to automat-
ically reinstate the driving privileges upon
the successful completion of a program, the
department shall do so and shall notify the
judge that the person has complied with the
RUGHURIWKHMXGJH
(2) Upon receipt of a court order under ORS
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  ,I VXVSHQVLRQ LV RUGHUHG XQGHU WKLV
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(a) The court shall so notify the department
and the department shall impose the suspen-
sion of the driving privileges as provided under
256
(b) The court shall notify the department
of reinstatement after any suspension ordered
XQGHUWKLVVHFWLRQ
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court may only order suspension for a period
QRWWRH[FHHGGD\V
(3) Upon receipt of a court notice under
256RIDQXQVHWWOHGMXGJPHQWWKH
department shall suspend the person’s driving
privileges and, subject to any other require-
ments of law, reinstate the driving privileges
XSRQDSSURSULDWHQRWLÀFDWLRQIURPWKHFRXUW

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

XQGHU256H[FHSWWKDWWKHGHSDUW- person’s driving privileges have been ordered

ment shall only impose the suspension after UHVWRUHG
WKHGHSDUWPHQWKDVGHWHUPLQHGWKDW (11) When a court orders suspension of
(a) The judgment was rendered against the
person;
(b) The judgment has remained unsettled
DVGHVFULEHGLQ256IRUGD\VDQG
(c) The judgment continues to be unsettled
DVGHVFULEHGLQ256
GULYLQJSULYLOHJHVXQGHU256WKH
department shall suspend the person’s driv-
LQJSULYLOHJHV7KHVXVSHQVLRQVKDOOEHIRUWKH
SHULRGRUGHUHGE\WKHFRXUW7KHFRXUWPD\RQO\
order suspension for a period not to exceed 30
GD\V
(12) When a court orders suspension of
(4) Upon receipt of a court notice under ORS
&RUWKHGHSDUWPHQWVKDOO
suspend the person’s driving privileges for
DQLQGHÀQLWHSHULRG7KHGHSDUWPHQWVKDOO
reinstate driving privileges that have been
VXVSHQGHGXQGHUWKLVVXEVHFWLRQXSRQQRWLÀFD-
tion by the court or upon the elapse of 10 years
IURPWKHGDWHWKHWUDIÀFRIIHQVHRUYLRODWLRQRI
256RFFXUUHGZKLFKHYHUFRPHVÀUVW
The department may not suspend any driving
privileges under this subsection for a person’s
failure to appear on a parking, pedestrian or
ELF\FOLVWRIIHQVH
(5) Upon receipt of a court notice under
256WKHGHSDUWPHQWVKDOOVXVSHQG
WKHSHUVRQ·VGULYLQJSULYLOHJHVIRUDQLQGHÀ-
QLWHSHULRG7KHGHSDUWPHQWVKDOOUHLQVWDWH
driving privileges that have been suspended
XQGHUWKLVVXEVHFWLRQXSRQQRWLÀFDWLRQE\WKH
court or upon the lapse of 10 years from the
GDWHRIVXVSHQVLRQZKLFKHYHUFRPHVÀUVW
GULYLQJSULYLOHJHVXQGHU256WKH
department shall suspend the person’s driv-
LQJSULYLOHJHV7KHVXVSHQVLRQVKDOOEHIRUWKH
SHULRGRUGHUHGE\WKHFRXUW7KHFRXUWPD\RQO\
order suspension for not less than 30 days and
QRWPRUHWKDQGD\V
(13) Upon receipt of a court order under
256WKHGHSDUWPHQWVKDOOVXVSHQG
WKHSHUVRQ·VGULYLQJSULYLOHJHVIRURQH\HDU
>F†F†F
†F†F†F
†F†F†F
†F†F†F
†F†F†F
†F†F†@
809.290>F†F†
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809.300>F†UHSHDOHGE\
F†@
 8SRQUHFHLSWRIDFRXUWRUGHUXQGHU256
(Cancellation, Refusal to Issue,
WKHGHSDUWPHQWVKDOOVXVSHQGWKH Suspension or Revocation)
SHUVRQ·VGULYLQJSULYLOHJHVDVIROORZV
 D8SRQUHFHLSWRIWKHÀUVWRUGHUVXVSHQG-
ing driving privileges, the department shall
suspend the person’s driving privileges for one
year, or until the person reaches 17 years of
DJHZKLFKHYHULVORQJHU
(b) Upon receipt of a second or subsequent
order suspending driving privileges, the
department shall suspend the person’s driv-
ing privileges for one year or until the person
UHDFKHV\HDUVRIDJHZKLFKHYHULVORQJHU
809.310 Cancellation or suspension of
driving privileges; grounds; surrender of
license or permit; duration; reissuance of
privileges. (1) The Department of Transpor-
tation may cancel any driving privileges upon
determining that the person is not entitled to
WKHGULYLQJSULYLOHJHVXQGHUWKHYHKLFOHFRGH
The department may reissue driving privi-
leges canceled under this subsection when the
DSSOLFDQWKDVVDWLVÀHGDOOUHTXLUHPHQWVIRUWKH
GULYLQJSULYLOHJHVVRXJKW
 ,IWKHGHSDUWPHQWUHFHLYHVQRWLFHIURP (2) The department may cancel any driver
a court that it has withdrawn an order issued license or permit that contains any error or
XQGHU256WKHGHSDUWPHQWVKDOO defect or that is found to have been issued
immediately reinstate any driving privileges on the basis of false information given to the
WKDWKDYHEHHQVXVSHQGHGXQGHUVXEVHFWLRQ
of this section because of the issuance of the
RUGHU
(8) Upon receipt of a court order under ORS
 RU  WKH GHSDUWPHQW VKDOO
VXVSHQGWKHSHUVRQ·VGULYLQJSULYLOHJHV7KH
suspension shall be for the period ordered by
WKHFRXUW7KHFRXUWPD\RQO\RUGHUVXVSHQVLRQ
IRUDSHULRGQRWWRH[FHHGRQH\HDU
(9) Upon receipt of a court order under ORS
WKHGHSDUWPHQWVKDOOVXVSHQGWKH
SHUVRQ·VGULYLQJSULYLOHJHVIRUVL[PRQWKV
(10) Upon receipt of a court order under
256WKHGHSDUWPHQWVKDOOSHUPD-
QHQWO\UHYRNHWKHSHUVRQ·VGULYLQJSULYLOHJHV
The revocation shall remain in effect until
WKHGHSDUWPHQWLVQRWLÀHGE\DFRXUWWKDWWKH
Title 59 Page 170
GHSDUWPHQW&DQFHOODWLRQXQGHUWKLVVXEVHF-
tion is in addition to any suspension of driving
SULYLOHJHVDXWKRUL]HGIRUWKHVDPHFRQGXFW
(3) The department may suspend any driv-
ing privileges or right to apply for privileges
RUDQ\LGHQWLÀFDWLRQFDUGRUULJKWWRDSSO\
for a card upon determining that the person
issued or applying for the driving privileges or
LGHQWLÀFDWLRQFDUGKDVFRPPLWWHGDQ\RIWKH
IROORZLQJDFWV
(a) Failed to give the required or correct
information in the application for the driving
SULYLOHJHVRUIRUDQLGHQWLÀFDWLRQFDUGLQYLR-
ODWLRQRI256RU
(b) Committed false swearing in making
application for the driving privileges in viola-
WLRQRI256
(2015 Edition)
 6863(16,21$1'5(92&$7,21,03281'0(17
 

 F8VHGDQLQYDOLGOLFHQVHRULGHQWLÀFDWLRQ
FDUGLQYLRODWLRQRI256RU
(d) Permitted misuse of license, permit or
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(4) The granting of an administrative review
XQGHUWKLVVHFWLRQGRHVQRWVWD\WKHVXVSHQVLRQ
However, the department shall reinstate the
person’s driving privileges or right to apply
IRUGULYLQJSULYLOHJHVRULGHQWLÀFDWLRQFDUGRU
ULJKWWRDSSO\IRUDQLGHQWLÀFDWLRQFDUGLIXQGHU
 H8VHGWKHOLFHQVHSHUPLWRULGHQWLÀFDWLRQ objective criteria adopted by the department
FDUGRIDQRWKHULQYLRODWLRQRI256RU by rule, the department determines the sus-
 SHQVLRQUHVXOWHGIURP
 I3URGXFHGLGHQWLÀFDWLRQFDUGVOLFHQVHV
permits, forms or camera cards in violation of
256
(g) Transferred documents for the purpose of
PLVUHSUHVHQWDWLRQLQYLRODWLRQRI256
 D$QDFWGHVFULEHGLQ256DRU
(b) committed by the person when the person
was under 21 years of age; and
(b) The person committed the act solely for
WKHSXUSRVHRI
 K*LYHQIDOVHLQIRUPDWLRQWRDSROLFHRIÀFHU
LQYLRODWLRQRI256
(4) Upon suspension or cancellation of driv-
ing privileges under this section, a person
whose privileges are suspended or canceled
shall surrender to the department any license
or driver permit issued for the driving privi-
OHJHV)DLOXUHWRFRPSO\ZLWKWKLVVXEVHFWLRQ
is subject to penalty as provided under ORS

(A) Attempting to purchase, purchasing,
consuming or acquiring alcoholic beverages
DVGHVFULEHGLQ256RU
(B) Unlawfully entering or attempting to
enter any portion of a licensed premises that
LVSRVWHGRURWKHUZLVHLGHQWLÀHGDVEHLQJSUR-
hibited to the use of minors, as described in
256
(5) The administrative review required
under this section shall be conducted in the
(5) To obtain driving privileges after the PDQQHUSURYLGHGLQ256
period of suspension or cancellation under this
section, a person must reapply for driving priv-
LOHJHVLQWKHPDQQHUHVWDEOLVKHGE\ODZ>
F†F†F†
F†@
809.312 Reissuance of privileges after
 7RUHLQVWDWHGULYLQJSULYLOHJHVRUWKH
right to apply for driving privileges after
the department determines that the person
meets the objective criteria under subsection
(4) of this section, the person shall pay the
fee for reinstatement of driving privileges as
suspension for submitting false informa- GHVFULEHGLQ256
tion. (1) A person whose driving privileges or
right to apply for driving privileges or whose  7RUHLQVWDWHDQLGHQWLÀFDWLRQFDUGRUWKH
LGHQWLÀFDWLRQFDUGRUULJKWWRDSSO\IRUDQLGHQ- ULJKWWRDSSO\IRUDQLGHQWLÀFDWLRQFDUGDIWHU
WLÀFDWLRQFDUGKDVEHHQVXVSHQGHGIRURQHRI the department determines that the person
WKHUHDVRQVVSHFLÀHGLQVXEVHFWLRQRIWKLV meets the objective criteria under subsection
section may request that the person’s driving (4) of this section, the person shall pay the fee
privileges or right to apply for driving privi- IRUUHLQVWDWHPHQWRIDQLGHQWLÀFDWLRQFDUGDV
OHJHVRULGHQWLÀFDWLRQFDUGRUULJKWWRDSSO\IRU GHVFULEHGLQ256
DQLGHQWLÀFDWLRQFDUGEHUHLQVWDWHGDIWHUWKH (8) The department’s authority to reinstate
Department of Transportation determines the a suspension of a person’s driving privileges or
criteria are met under subsection (4) of this right to apply for driving privileges under this
VHFWLRQ section does not impinge on a court’s authority
(2) This section applies to suspensions WRLPSRVHDVXVSHQVLRQXQGHU256RU
LPSRVHGXQGHU >F†F†@
 D256D 809.320 Cancellation on written request
of parent or legal guardian. ,IDQDSSOL-
 E256EDQG cant for driving privileges must have a parent
 F256IRUFRPPLWWLQJDQDFW or legal guardian sign the application before
that constitutes an offense described in ORS WKHSHUVRQTXDOLÀHVXQGHU256WKDW
DRUE
(3) To make a request under subsection (1)
of this section, the person must provide suf-
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determinations required in subsection (4) of
WKLVVHFWLRQ7KHGHSDUWPHQWVKDOOSURYLGH
an administrative review to determine if the
person’s driving privileges or right to apply
IRUGULYLQJSULYLOHJHVRULGHQWLÀFDWLRQFDUGRU
ULJKWWRDSSO\IRUDQLGHQWLÀFDWLRQFDUGVKRXOG
be reinstated and may reinstate the person’s
suspended driving privileges or right to apply
IRUGULYLQJSULYLOHJHVRULGHQWLÀFDWLRQFDUGRU
ULJKWWRDSSO\IRUDQLGHQWLÀFDWLRQFDUGRQO\DV
parent or legal guardian who has signed the
DSSOLFDWLRQPD\WKHUHDIWHUÀOHZLWKWKH'HSDUW-
ment of Transportation a written request that
the driving privileges of the person so granted
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(2) The department shall cancel the driving
privileges of a person upon written request
under this section if the person is under 18
\HDUVRIDJH>F†F†
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Title 59 Page 171 (2015 Edition)

 OREGON VEHICLE CODE

809.350 > F †  F  ,IWKHSHUVRQIDLOVWRVXUUHQGHUWRWKH

††UHSHDOHGE\F†@ department any license or driver permit issued
809.360 General provisions relating as evidence of driving privileges that are sus-
to suspension or revocation of driving pended, the person is subject to the penalties
privileges. (1) For purposes of determining XQGHU256
whether grounds exist for revoking or suspend-
ing driving privileges, an unvacated forfeiture
RIEDLOLQDQRWKHUVWDWHHTXDOVDFRQYLFWLRQ
(2) A suspension or revocation of driving
privileges ordered by a court shall run con-
currently with any mandatory suspension
or revocation ordered by the Department of
Transportation and arising out of the same
FRQYLFWLRQ
(3) Judicial review of orders denying, sus-
pending or revoking a license, except where
such suspension or revocation is mandatory,
VKDOOEHDVSURYLGHGLQ256FKDSWHU
(4) Whenever the department or a court has
reason under any laws of this state to suspend
or revoke the driving privileges of any person
who does not hold current driving privileges to
operate motor vehicles or whose driving priv-
ileges are due to expire during a suspension
period, the department or court shall suspend
or revoke the right of such person to apply for
driving privileges to operate motor vehicles
LQWKLVVWDWH$VXVSHQVLRQRUUHYRFDWLRQRI
a right to apply for driving privileges under
this subsection shall be for the period provided
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809.380 Period of suspension; effect;
reinstatement; fee. All of the following apply
to a person whose driving privileges have been
VXVSHQGHG RUIDLOLQJWRLVVXHDFHUWLÀFDWLRQRILQVXUDQFH
(1) The period of suspension shall last as
long as provided for that particular suspension
E\ODZ
(2) During the period of suspension, the
person is not entitled to exercise any driving
privileges in this state except as provided
XQGHUWKLVVXEVHFWLRQ8QOHVVRWKHUZLVHVSHFLI-
ically provided by law, a person whose driving
privileges are suspended may obtain, if the
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XQGHU 256  DQG H[HUFLVH GULYLQJ
SULYLOHJHVXQGHUWKHGULYHUSHUPLW
(3) Upon expiration of the suspension, the
Department of Transportation shall reissue,
upon request of the person, the suspended driv-
ing privileges and any license or driver permit
WKDWHYLGHQFHVWKHGULYLQJSULYLOHJHV7KHUHLV-
VXDQFHVKDOOEHZLWKRXWUHTXDOLÀFDWLRQE\WKH
person except that the department may require
the person to furnish evidence satisfactory to
WKHGHSDUWPHQWWKDWWKHSHUVRQLVTXDOLÀHG
to continue to exercise driving privileges in
this state before the department reissues the
GULYLQJSULYLOHJHV
(4) The department may not issue any driv-
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Title 59 Page 172
 1RUHLQVWDWHPHQWRIVXVSHQGHGGULYLQJ
privileges will be made by the department until
the fee for reinstatement of suspended driv-
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LVSDLGWRRUZDLYHGE\WKHGHSDUWPHQW7KH
department may waive the reinstatement fee
IRUDQ\RIWKHIROORZLQJUHDVRQV
(a) The suspension occurred under ORS
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upon request of the department under ORS

(b) The suspension occurred under ORS
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cal clearance upon request of the department
XQGHU256RU
(c) The suspension occurred under ORS
IRULQFRPSHWHQFHWRGULYHDPRWRUYHKL-
cle or having a mental or physical condition or
impairment that affects the person’s ability to
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(d) The suspension occurred under ORS
XSRQQRWLÀFDWLRQE\WKHVXSHULQWHQ-
GHQWRIDKRVSLWDOXQGHU256WKDWD
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(e) The suspension occurred under ORS
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256WKDWDSHUVRQFKDUJHGZLWKD
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(f) The department committed an error in
LVVXLQJWKHVXVSHQVLRQ
(g) The suspension was the result of an error
committed by an insurance company in issuing
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ZLWKWKHGHSDUWPHQWXQGHU256
(h) The department issued the suspension
without error because the person failed to
UHVSRQGDVUHTXLUHGXQGHU256RUWR
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IURPWKHÀOLQJUHTXLUHPHQWRI256
but the department later determines that the
SHUVRQLQIDFWZDVLQFRPSOLDQFHZLWKÀQDQFLDO
responsibility requirements as of the date of
WKHGHSDUWPHQW·VOHWWHURIYHULÀFDWLRQXQGHU
256RUDWWKHWLPHRIDQDFFLGHQW
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(i) The department issued the suspension
without error because the person was not
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requirements as of the date of the department’s
OHWWHURIYHULÀFDWLRQXQGHU256RU
at the time of an accident described in ORS
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that the person reasonably and in good faith
believed that the person was in compliance
ZLWKÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVRQ
WKHGDWHRIWKHGHSDUWPHQW·VOHWWHURIYHULÀFD-
WLRQRUDWWKHWLPHRIWKHDFFLGHQW
(2015 Edition)
 6863(16,21$1'5(92&$7,21,03281'0(17
 

(j) The suspension was the result of an error
committed by an insurance company in notify-
ing the department regarding the correctness
RIDFHUWLÀFDWLRQXQGHU256
(k) The suspension occurred because the
person failed to make future responsibility
ÀOLQJVEXWWKHGHSDUWPHQWODWHUGHWHUPLQHV
that the reason for the failure was that the
person was a military reservist or a member
of a national guard unit that was ordered to
active military duty to a location outside of the
8QLWHG6WDWHV7KHHIIHFWLYHGDWHRIWKHPLOL-
tary orders must be prior to the effective date
of a suspension issued by the department for
IDLOXUHWRPDNHDIXWXUHUHVSRQVLELOLW\ÀOLQJ
offender, the person must meet the additional
eligibility requirements for reinstatement of
GULYLQJSULYLOHJHVXQGHU256DQG

(4) The Department of Transportation may
issue new driving privileges to a person before
the expiration of the revocation period if the
person is otherwise entitled to be issued driv-
ing privileges and when, with reference to
a conviction upon which the revocation was
based, the Governor has pardoned the person
RIWKHFULPH
(5) The department shall not issue any driv-
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(L) The department issued the suspension
without error because the department received
a notice to suspend from a court under ORS
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determines that the person in fact was in com-
pliance with the requirements of the court prior
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(7) The department shall waive the rein-
statement fee for a person whose driving
SULYLOHJHVZHUHVXVSHQGHGXQGHU256
 ,IWKHSHUVRQIDLOVWRVXUUHQGHUWRWKH
department any license or driver permit issued
as evidence of driving privileges that are
revoked, the person is subject to the penalty
XQGHU256
(7) No reinstatement of revoked driving priv-
ileges will be made by the department until the
fee for reinstatement of revoked driving priv-
LOHJHVHVWDEOLVKHGXQGHU256LVSDLG
WRRUZDLYHGE\WKHGHSDUWPHQW7KHGHSDUW-
ment may waive the reinstatement fee if the
LIWKHSHUVRQ department committed an error in issuing the
(a) Has graduated from high school and pro- UHYRFDWLRQ>F†F†
vides the department with proof of graduation F†F†F†@
satisfactory to the department; or 809.400 Suspension or revocation for
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munity college and provides the department
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809.390 Period of revocation; effect;
reinstatement; fee. All of the following apply
to a person whose driving privileges have been
UHYRNHG under this subsection shall have the same
(1) The period of revocation shall last as long
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(2) During the period of revocation, the
person is not entitled to exercise any driving
privileges in this state or to apply for or receive
any driving privileges in this state except
when a person who has been determined to
be a habitual offender is permitted to obtain
driving privileges under a probationary driv-
LQJSHUPLWDVGHVFULEHGXQGHU256
DQG7KLVVXEVHFWLRQSURKLELWVWKH
issuance of any driver permit, including a
KDUGVKLSSHUPLWGHVFULEHGXQGHU256
to a person whose driving privileges or right to
apply for driving privileges are revoked except
as provided for the probationary driving permit
XQGHU256
(3) Upon expiration of the revocation period,
the person must reapply for driving privileges
in the manner established by law and must
reestablish the person’s eligibility for issuance
RI GULYLQJ SULYLOHJHV ,I GULYLQJ SULYLOHJHV
are revoked because the person is a habitual
Title 59 Page 173
otherwise provided in paragraph (b) of this
subsection, the Department of Transportation
may suspend or revoke the driving privileges of
any resident of this state upon receiving notice
of the conviction of such person in another
jurisdiction of an offense therein that, if com-
mitted in this state, would be grounds for the
suspension or revocation of the driving privi-
OHJHVRIWKHSHUVRQ$VXVSHQVLRQRUUHYRFDWLRQ
under this subsection shall be initiated within
GD\VRIUHFHLSWRIQRWLFHRIWKHFRQYLFWLRQ
Violation of a suspension or revocation imposed
legal effects and consequences as it would if
the offense committed in the other jurisdiction
KDGEHHQFRPPLWWHGLQWKLVMXULVGLFWLRQ
(b) The department may not suspend or
revoke driving privileges under this subsection
unless notice of conviction is received within
GD\VRIWKHGDWHRIWKHFRQYLFWLRQ
(2) The department may suspend or revoke
the driving privileges of any resident of this
state upon receiving notice from another
state, territory, federal possession or district
or province of Canada that the person’s driving
privileges in that jurisdiction have been sus-
SHQGHGRUUHYRNHG9LRODWLRQRIWKHVXVSHQVLRQ
or revocation shall have the same legal effects
and consequences as it would if the suspension
or revocation had been imposed initially in this
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or revocation under this subsection shall con-
tinue until the person suspended or revoked
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(a) Compliance with the law of the other
jurisdiction or the restoration of driving priv-
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(2015 Edition)
 OREGON VEHICLE CODE

(b) That the revocation or suspension in the
other jurisdiction was not under circumstances
that would require the department to suspend
or revoke the driving privileges of the person
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or any other crimes arising from the same
criminal episode, includes incarceration, no
sooner than 10 years from the date the person
is released from incarceration for all crimes
arising out of the same criminal episode; or
(3) A person is entitled to administrative
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the person’s driving privileges were revoked
and any other crimes arising from the same
criminal episode does not include incarcera-
tion, no sooner than 10 years from the date
the department revoked the privileges under
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cation from holding driver license with
Class A or Class B farm endorsement. (1)
The Department of Transportation shall cancel
a driver license with a Class A or Class B farm
endorsement or deny a person the right to apply
for a Class A or Class B farm endorsement if
the person’s commercial driving privileges are
VXVSHQGHGXQGHU256
 D([FHSWDVSURYLGHGLQSDUDJUDSKVE
and (c) of this subsection, the department shall
take action under subsection (1) of this section
upon receipt of a record of conviction of failure
to perform the duties of a driver to injured
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(b) The department shall revoke driving
privileges under this subsection for a period of
three years if the court indicates on the record
of conviction that a person sustained serious
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reinstatement of privileges three years after
 ,IWKHGHSDUWPHQWFDQFHOVDGULYHUOLFHQVH
with a Class A or Class B farm endorsement
under this section, the person whose license is
canceled is entitled to an administrative review
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809.409 Revocation for conviction of
crime. (1)(a) Upon receipt of a record of con-
viction of an offense described in this section,
the Department of Transportation shall revoke
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(b) A person is entitled to administrative
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the date the person was released from incar-
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the person may apply for reinstatement three
years from the date the revocation was imposed
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(c) The department shall revoke driving
privileges under this subsection for a period of
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conviction that a person was killed as a result
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VWDWHPHQWRISULYLOHJHVÀYH\HDUVDIWHUWKHGDWH
the person was released from incarceration, if
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tence does not include incarceration, the person
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date the revocation was imposed under this
 F([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
tions (2) and (3) of this section, the revocation
shall be for a period of one year from the date
of revocation, except that the department may
not reinstate driving privileges of any person
whose privileges are revoked under this section
until the person complies with future respon-
VLELOLW\ÀOLQJV
(2) The department shall take action under
subsection (1) of this section upon receipt of a
record of conviction of aggravated vehicular
homicide or aggravated driving while sus-
pended or revoked or any degree of murder,
manslaughter or criminally negligent homicide
resulting from the operation of a motor vehicle
RUDVVDXOWLQWKHÀUVWGHJUHHUHVXOWLQJIURPWKH
operation of a motor vehicle, except that the
provisions of this subsection do not apply to a
person whose driving privileges are ordered
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driving privileges are revoked under this sub-
section may apply for reinstatement of driving
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(4) The department shall take action under
subsection (1) of this section upon receipt of a
record of conviction of perjury or the making of
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law of this state requiring the registration of
vehicles or regulating their operation on the
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(5) The department shall take action under
subsection (1) of this section upon receipt of a
record of conviction of any felony with a mate-
rial element involving the operation of a motor
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the person’s driving privileges were revoked, †F†F†F

Title 59 Page 174 (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

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809.411 Suspension for conviction of
crime. (1)(a) Upon receipt of a record of convic-
tion for an offense described in this section, the
Department of Transportation shall suspend
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(b) A person is entitled to administrative
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(10)(a) The department shall take action
under subsection (1) of this section upon
receipt of a record of conviction of assault in
the second, third or fourth degree resulting
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(b) A person who is convicted of assault in
the second degree and whose driving privileges
are suspended under this subsection may apply
 F([FHSWDVRWKHUZLVHSURYLGHGLQVXE-
sections (7), (8), (9) and (10) of this section,
the suspension shall be for the period of time
GHVFULEHGLQ6FKHGXOH,RI2567KH
department may not reinstate driving priv-
ileges of any person whose privileges are
suspended under subsection (2), (3), (4), (5),
for reinstatement of driving privileges eight
years from the date the person is released from
incarceration for the conviction, if the sentence
LQFOXGHVLQFDUFHUDWLRQ,IWKHVHQWHQFHIRUWKH
conviction does not include incarceration, the
person may apply for reinstatement of driv-
ing privileges eight years from the date the
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There is no requirement of compliance with
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suspended under subsection (8) or (9) of this
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(2) The department shall take action under
subsection (1) of this section upon receipt of
a record of conviction of any degree of reck-
lessly endangering another person, menacing
or criminal mischief resulting from the oper-
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(3) The department shall take action under
subsection (1) of this section upon receipt of a
record of conviction of reckless driving under
256
(4) The department shall take action under
subsection (1) of this section upon receipt of a
record of conviction of failure to perform duties
of a driver when property is damaged under
256
(5) The department shall take action under
subsection (1) of this section upon receipt of a
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HOXGHDSROLFHRIÀFHUXQGHU256
department suspended the privileges under
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(c) A person who is convicted of assault in
the third degree and whose driving privileges
are suspended under this subsection may
apply for reinstatement of driving privileges
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from incarceration for the conviction, if the
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for the conviction does not include incarcera-
tion, the person may apply for reinstatement
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the department suspended the privileges under
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(d) A person who is convicted of assault in
the fourth degree and whose driving privileges
are suspended under this subsection may
apply for reinstatement of driving privileges
one year from the date the person is released
from incarceration for the conviction, if the
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for the conviction does not include incarcera-
tion, the person may apply for reinstatement of
driving privileges one year from the date the
department suspended the privileges under
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subsection (1) of this section upon receipt of a 809.412 Authority of juvenile court for
record of conviction of reckless endangerment suspension or revocation. ,IDMXYHQLOHFRXUW
RIKLJKZD\ZRUNHUVXQGHU256
(7) The department shall take action under
subsection (1) of this section upon receipt of
a record of conviction of theft under ORS
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shall continue for a period of six months from
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(8) The department shall take action under
subsection (1) of this section upon receipt of a
record of conviction of criminal trespass under
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PRWRUYHKLFOH$VXVSHQVLRQXQGHUWKLVVXEVHF-
tion shall continue for a period of six months
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(9) The department shall take action under
subsection (1) of this section upon receipt of
a record of conviction of an offense described
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Title 59 Page 175
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committing an offense that is a ground for
suspension or revocation upon conviction under
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or revocation of driving privileges upon con-
viction of an offense, the juvenile court shall
order the suspension or revocation of driving
privileges that is required upon conviction of
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 809 or any
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 OREGON VEHICLE CODE

809.415 Suspensions for conduct WRDKHDULQJXQGHU256SULRUWRDVXV-

LQYROYLQJMXGJPHQWVÀQDQFLDOUHVSRQ-
sibility, dishonesty. (1)(a) The Department
of Transportation shall suspend the driving
privileges of a person who has a judgment of
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dered against the person if the person does not
settle the judgment in the manner described
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HQWU\
(b) A suspension under this subsection
shall continue until the person does one of the
IROORZLQJ The suspension shall continue until the earlier
(A) Settles the judgment in the manner
GHVFULEHGLQ256
(B) Has an insurer that has been found by
the department to be obligated to pay the judg-
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is based upon a conviction or other action by
a court is entitled to administrative review
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VXEVHFWLRQ$SHUVRQZKRVHVXVSHQVLRQXQGHU
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(4)(a) The department shall suspend driving
SULYLOHJHVZKHQSURYLGHGXQGHU256
RIWKHIROORZLQJ
(A) The person establishes to the satisfaction
of the department that the person has per-
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adjudication by a court that the insurer has  % 7HQ \HDUV IURP WKH GDWH WKH WUDIÀF
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(C) Gives evidence to the department that if the suspension is imposed for a reason
a period of seven years has elapsed since the GHVFULEHGLQ256\HDUVIURP
HQWU\RIWKHMXGJPHQW WKHGDWHWKHWUDIÀFRIIHQVHRFFXUUHGLIWKHVXV-
pension is imposed for a reason described in
(D) Receives from the court that rendered 256RUÀYH\HDUVIURPWKHGDWHWKH
the judgment an order permitting the payment suspension is imposed for a reason described
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(c) A person is entitled to administrative
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(2)(a) The department shall suspend the
driving privileges of a person who falsely cer-
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insurance policy or the existence of some other
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requirements or of a person who, after certi-
fying the existence of a motor vehicle liability
insurance policy or other means of satisfying
the requirements, allows the policy to lapse
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(b) A person is entitled to administrative
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(5) Upon determination by the department
that a person has committed an act that con-
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the department may suspend any driving priv-
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pension under this subsection shall continue
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or be canceled or otherwise fails to remain
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(b) Notwithstanding paragraph (a) of this
subsection, the department may suspend under
this subsection only if proof of compliance with
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVDVRI
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mitted within 30 days after the date of the
mailing of the department’s demand under
256
(c) A suspension under this subsection shall
continue until the person complies with future
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that a person has submitted false information
to the department for the purpose of establish-
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commercial motor vehicle or hold commercial
driving privileges, the department shall sus-
pend the commercial driving privileges or the
person’s right to apply for commercial driving
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809.416 When person subject to suspen-
sion under ORS 809.415; duration. This
section establishes circumstances that will
make a person subject to suspension under
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(3)(a) The department shall suspend the to do to make the person no longer subject to
driving privileges of a person who fails to VXVSHQVLRQ7KHIROORZLQJDSSO\DVGHVFULEHG
FRPSO\ZLWKIXWXUHUHVSRQVLELOLW\ÀOLQJVZKHQ- (1) A person is subject to suspension under
ever required under the vehicle code or fails
to provide new proof for future responsibility
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(b) A suspension under this subsection shall
continue until the person complies with future
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(c) A person whose initial obligation to make
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conviction or other action by a court is entitled
Title 59 3DJH
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portation receives notice from a court to apply
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is subject under this subsection remains sub-
ject until the person presents the department
with notice issued by the court showing that
the person is no longer subject to this section
or until 10 years have elapsed from the date
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(2015 Edition)
 6863(16,21$1'5(92&$7,21,03281'0(17
 

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for any pedestrian offense, bicycling offense or
SDUNLQJRIIHQVH8SRQUHFHLSWRIQRWLFHIURPD
court, the department shall send a letter by
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date of the letter unless the person presents
the department with the notice required by
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(2) A person is subject to suspension under
(2) The department shall suspend the driv-
ing privileges of any person for a period of
time required by this subsection if the person
is involved in a motor vehicle accident at any
time when the department determines the
person has been operating a vehicle in viola-
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subsection shall be for a period of one year
except that the department shall not reinstate
any driving privileges to the person until the
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notice of suspension from a court under ORS ÀOLQJUHTXLUHPHQWV
LQGLFDWLQJWKDWWKHSHUVRQKDVIDLOHG (3)(a) The department may suspend the driv-
RUUHIXVHGWRSD\DÀQHRUREH\DQRUGHURI ing privileges of a person who, while operating
WKHFRXUW$SHUVRQZKRLVVXEMHFWXQGHUWKLV a motor vehicle, causes or contributes to an
subsection remains subject until the earlier of accident resulting in death to any other person
WKHIROORZLQJ if the department has reason to believe that the
(a) The person presents the department with person’s incompetence, recklessness, criminal
a notice of reinstatement issued by the court negligence or unlawful operation of the vehicle
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or has obeyed the order of the court; or
(B) Has enrolled in a preapprenticeship
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(b) Twenty years have elapsed from the date
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(3) Subsection (2) of this section does not
(b) A suspension under this subsection shall
continue for a period determined by the depart-
ment and shall be subject to any conditions the
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(c) The department may impose an imme-
diate suspension of driving privileges of any
person described in paragraph (a) of this sub-
section without hearing and without receiving
a record of the conviction of the person of a
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trian offense, bicycling offense or parking
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from a court, the department shall send a letter
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date of the letter unless the person presents the
department with the notice of reinstatement
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(4) A person is subject to suspension under
crime if the department has reason to believe
that the person may endanger people or prop-
erty if the person’s driving privileges are not
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this paragraph is subject to a post-imposition
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809.419 Suspensions for physical or
mental condition or impairment. (1)
(a) The Department of Transportation shall
suspend the driving privileges of a person if
256LIWKHSHUVRQSD\VWKHGHSDUW-
ment any fee or tax with a bank check and the
check is returned to the department as uncol-
lectible or the person tenders payment with a
credit or debit card and the issuer of the card
GRHVQRWSD\WKHGHSDUWPHQW$SHUVRQZKRLV
subject under this subsection remains subject
until the department receives the money for the
fee or tax and any fee charged by the depart-
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 809 or any
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809.417 Suspension for conduct regard-
ing accidents. (1)(a) The Department of
Transportation shall suspend the driving priv-
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(b) A suspension under this subsection shall
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Title 59 Page 177
the department requests the person to submit
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person fails to appear within a reasonable
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fails to satisfactorily complete the required
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section shall continue until the examination
required by the department is successfully
completed or until the person voluntarily sur-
renders the person’s driving privileges to the
department based upon the person’s recogni-
tion that the person is no longer competent to
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(b) Upon suspension under this subsection,
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(2) The department shall suspend the driv-
ing privileges of a person if the department
requests the person to obtain medical clear-
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subsection shall continue until the required
medical clearance is received by the depart-
ment or until the person voluntarily surrenders
the person’s driving privileges to the depart-
ment based upon the person’s recognition that
WKHSHUVRQLVQRORQJHUFRPSHWHQWWRGULYH
(2015 Edition)
 OREGON VEHICLE CODE

(3)(a) The department may suspend the driv- 809.420>F†F†

ing 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
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(b) A suspension under this subsection shall
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809.421 Suspensions for miscellaneous
driving-related actions. (1)(a) The Depart-
ment of Transportation may suspend the
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be subject to any conditions the department
determines to be necessary and shall continue
for a period determined by the department or
until the person voluntarily surrenders the
person’s driving privileges to the department
based upon the person’s recognition that the
SHUVRQLVQRORQJHUFRPSHWHQWWRGULYH
(c) The department may impose an imme-
diate suspension of driving privileges of any
person described in paragraph (a) of this sub-
section 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 prop-
erty if the person’s driving privileges are not
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this paragraph is subject to a post-imposition
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(4)(a) Whenever the department has reason
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criminally negligent in the operation of a motor
vehicle; or
(B) Commits a serious violation of the motor
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(b) A suspension under this subsection shall
continue for a period determined by the depart-
ment and shall be subject to any conditions the
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(c) The department may impose an imme-
diate suspension of driving privileges of any
person described in paragraph (a) of this sub-
section 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 prop-
erty if the person’s driving privileges are not
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this paragraph is subject to a post-imposition
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to believe an individual with a motorcycle
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tent to operate a motorcycle, the department
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(b) Upon revocation under this subsection,
the endorsed license shall be surrendered to
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(c) Upon surrender of the endorsed license,
the department may issue a license without
endorsement for the unexpired period of the
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may establish grounds and procedures for the
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(3) The department immediately may sus-
pend the driving privileges of any person
without hearing and without receiving a record
of the conviction of the person of a crime if
the department receives satisfactory evidence
that the person has violated restrictions placed
on the person’s driving privileges under ORS
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shall be subject to a post-imposition hearing
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person should not drive, the department shall
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subsection is subject to administrative review
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such time as the person produces a judicial
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the superintendent of the hospital that the
person is competent, or establishes eligibility
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subsection shall continue for a period deter-
mined by the department, but in no event for
longer than one year, and shall be subject to
any conditions the department determines to
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809.423 Suspensions for nondriving-re-
lated actions by minors. (1) Upon request
by a school superintendent or a school district
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of Transportation shall suspend the driving
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insanity and committed to the jurisdiction of
the Psychiatric Security Review Board or the
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suspension under this subsection is subject to
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shall continue until such time as the person
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order that a person’s driving privileges be
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department shall suspend the driving privi-
leges of the person subject to the order for the
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(3) Upon receipt of a notice under ORS
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withdrawn from school, the department shall
(2015 Edition)
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notify the person that driving privileges will be
suspended on the 30th day following the date
of the notice unless the person presents doc-
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A suspension under this subsection shall con-
tinue until the person reaches 18 years of age
or until the person presents documentation
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of such action to the person whose driving priv-
ileges, commercial driving privileges or right
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(2) Notice under this section shall state the
nature and reason for the action and, in the
case of a suspension, whether it was ordered
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suspension under this subsection shall be as
provided by a school district or private school
under a policy adopted in accordance with ORS
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809.428 Schedule of suspension or revo-
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would constitute the offense described in ORS
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revocation under this section is accomplished
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restricted delivery, return receipt requested,
This section establishes schedules of sus- to the person’s address as shown by driver
SHQVLRQRUUHYRFDWLRQSHULRGV7KHVFKHGXOHV licensing records of the department; or
are applicable upon conviction for the offense
ZKHQPDGHDSSOLFDEOHXQGHU256DQG (b) Personal service in the same manner as
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 6FKHGXOH,7KHVXVSHQVLRQRUUHYRFDWLRQ (4) Service of notice under this section for
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WKLVVXEVHFWLRQ7KHSHULRGRIVXVSHQVLRQRU  D0DLOLQJWKHQRWLFHE\ÀUVWFODVVPDLOWR
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offense not described in paragraph (b) or (c) of
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(b) One year for a second offense, where
the commission of the second offense and a
conviction for a separate offense occur within
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to any combination of offenses for which the
length of suspension is determined under this
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(c) Three years for a third or subsequent
offense where the commission of the third
or subsequent offense and two or more con-
victions for separate offenses occur within
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to any combination of offenses for which the
length of suspension is determined under this
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809.440 Hearing and administrative
review procedures; rules. (1) When other
procedures described under this section are
not applicable to a suspension or revocation
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(a) The hearing shall be given before the
department imposes the suspension or revo-
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(b) Before the hearing, the department shall
notify the person in the manner described in
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 6FKHGXOH,,7KHVXVSHQVLRQRUUHYRFDWLRQ
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offense not described in paragraph (b) or (c) of
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(b) Three years for a second offense, where
the commission of the second offense and a
conviction for a separate offense occur within
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(c) Three years for a third or subsequent
offense, where the commission of the third or
subsequent offense and a conviction for a sep-
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(d) The hearing shall be conducted by an
administrative law judge assigned from the
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(2) The following apply when administrative
review is provided under any statute or rule of
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(a) An administrative review shall consist of
an informal administrative process to assure
prompt and careful review by the department of
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809.430 Notice of suspension, cancella-
tion or revocation; contents; service. (1)
When the Department of Transportation, as
authorized or required, suspends, revokes or
cancels driving privileges, commercial driv-
ing privileges or the right to apply for driving
privileges or commercial driving privileges, the
department shall give notice under this section
Title 59 Page 179
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(A) A conviction on which the department’s
action is based was for an offense that did not
involve a motor vehicle and the department’s
action is permitted only if the offense involves
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(2015 Edition)
 OREGON VEHICLE CODE
(B) An out-of-state conviction on which
the department’s action is based was for an
offense that is not comparable to an offense
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(C) The records relied on by the department
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(c) A person requesting administrative
review has the burden of showing by a pre-
ponderance of the evidence that the person is
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(d) Actions subject to administrative review
shall be exempt from the provisions of ORS
chapter 183 applicable to contested cases, and
(c) Unless there is an agreement between the
person and the department that the hearing be
conducted elsewhere, the hearing shall be held
either in the county where the person resides or
at any place within 100 miles, as established
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(5) The department has complied with a
requirement for a hearing or administrative
review if the department has provided an
opportunity for hearing or review and the
person with the right to the hearing or review
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from the provisions of subsection (4) of this
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A suspension, revocation or cancellation may
not be stayed during the administrative review
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the suspension, revocation or cancellation
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tion, and for administrative review described
under this section, no further notice need be
given by the department if the suspension or
revocation is based upon a conviction and the
court gives notice, in a form established by
the department, of the rights to a hearing or
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(e) Judicial review of a department order
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an administrative review shall be available
as for review of orders other than contested
cases, and the department may not be subject
to default for failure to appear in such proceed-
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809.450 Hearing for rescission of
suspension for financial and future
the court within 20 days after service upon the responsibility violations; grounds. ,I
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on review by a court, the suspension or revo-
cation shall be ordered for the length of time
appropriate under the appropriate statute
except that the time shall be reduced by any
time prior to the determination by the court
subsection (2) of this section requests that
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the reason for the request, the Department
of Transportation may provide a hearing to
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department may rescind a suspension only as
that the suspension or revocation was in effect
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(g) The department shall adopt any rules
governing administrative review that are
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(2) This section applies to suspensions
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(3) When permitted under this section or  E256IRUIDOVHFHUWLÀFDWLRQRI
under any other statute, a hearing may be ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVDQG
expedited under procedures adopted by the
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include a limited time in which the person may
request a hearing, requirements for telephone
hearings, expedited procedures for issuing
RUGHUVDQGH[SHGLWHGQRWLFHSURFHGXUHV
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vehicle accident when the department has
determined that the person has been operating
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(3) The granting of a hearing under this
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a hearing that occurs after the department
imposes the suspension or revocation of driving
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the department shall rescind the suspension
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(a) That an error was committed by the
department;
(b) That the person in fact was in compliance
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(c) That an error was committed by an insur-
ance company in notifying the department
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the hearing shall be conducted as a contested
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(d) That the person was not in compliance
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as of the date of the department’s letter of
Page 180 (2015 Edition)
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department also determines that the person
reasonably and in good faith believed that
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responsibility requirements on the date of the
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cial responsibility requirements; or
(e) That at the time of the accident the person
reasonably and in good faith believed that
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responsibility requirements and the person is
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(b) Judgments rendered for less than the
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(c) The judgment creditor and the judgment
debtor have mutually agreed upon a compro-
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(d) The judgment against the judgment
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(2) Payments made in settlement of any
claims because of bodily injury, death or
property damage arising from the accident
shall be credited in reduction of the amounts
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(4) The hearing shall be held in the manner
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809.460 Rescission of suspension or
revocation upon appeal of underlying
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809.480 Driver improvement pro-
grams; rules; purpose; suspension; fee.
(1) The Department of Transportation may
establish, by administrative rule, programs
conviction. ([FHSWDVSURYLGHGLQVXE-
section (4) of this section, if a suspension or
revocation of driving privileges is based upon
a conviction, the court that entered the judg-
ment of conviction may direct the Department
of Transportation to rescind the suspension or
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(a) The person has appealed the conviction;
and
(b) The person requests in writing that the
court direct the department to rescind the sus-
pension or revocation pending the outcome of
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for the improvement of the driving behavior of
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grams may include, but need not be limited to,
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(2) The department may establish programs
for persons who are under 18 years of age that
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ences may include, but need not be limited to,
differences in criteria for entry into a program
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(3) The department, under a program autho-
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tion (1) of this section to do so, the department
shall immediately rescind a suspension or revo-
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(3) The court shall notify the department
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appeal, the appeal is dismissed or the appeal
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Upon receipt of notice under this subsection,
the department shall reimpose any suspension
or revocation that has been rescinded under
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rized by this section, may suspend driving
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(a) A person’s record of convictions or
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or comply with a requirement of a program
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fee to participants in a driver improvement
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suspension of the person’s commercial driv-
ing privileges because the person has taken
an appeal, unless the conviction is reversed on
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809.470 When judgment considered
(5) Any suspension that the department
stays under a driver improvement program
in this section shall continue for the full term
of the suspension if a person fails to complete
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ing privileges, the stay of a suspension under
this section may not be used to determine the
length of time a person’s driving privileges
have been suspended if the person does not
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settled for purposes of suspension  $SHUVRQLVHQWLWOHGWRDGPLQLVWUDWLYH
requirements. (1) This section establishes review of a suspension imposed under this sec-
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IROORZLQJRFFXU driving privileges of nonresident driver;
(a) Payments in the amounts established by
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been credited upon any judgment or judgments
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reports to home state. ,IWKHGHIHQGDQW
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reported to the Department of Transportation
is a nonresident, the department shall transmit
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Title 59 Page 181 (2015 Edition)

 OREGON VEHICLE CODE
in charge of the issuance of licenses and reg-
istrations of the state of which the defendant
LVDUHVLGHQW
(2) The department, upon receiving a record
of the conviction in this state of a nonresi-
dent driver of a motor vehicle of any offenses
under the motor vehicle laws of this state,
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the motor vehicle administrator in the state
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(3) The department may suspend or revoke
the driving privileges to operate a motor
vehicle in this state of any nonresident for
any cause for which the driving privileges to
operate a motor vehicle of a resident of this
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commercial motor vehicle, the commercial driv-
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(d) A record of conviction of assault in the
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ligent homicide, manslaughter or murder, if
the conviction results from the operation of a
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(e) A record of conviction of aggravated
vehicular homicide or aggravated driving while
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(f) A record of conviction for driving while
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(2) The department shall suspend the com-
mercial driving privileges of a person for a
period of three years if the department receives
 ,IWKHGULYLQJSULYLOHJHVRIDQRQUHVLGHQW a record of a conviction under subsection (1) of
are revoked or suspended, the department
shall transmit a copy of the record of such
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of licenses in the state, territory, federal pos-
session or district or province of Canada in
which the nonresident resides, if the law of
the other jurisdiction provides for action in
relation thereto similar to that provided under
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driving privileges are suspended or revoked in
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809.500 Failure to return suspended,
revoked or canceled license; penalty. (1) A
person commits the offense of failure to return
a suspended, revoked or canceled license if the
person has driving privileges suspended and
the person fails to immediately return to the
Department of Transportation any license or
GULYHUSHUPLWLVVXHGE\WKHGHSDUWPHQW
this section and the person was driving a com-
mercial motor vehicle containing a hazardous
(3) The department shall suspend the com-
mercial driving privileges of a person for a
period of one year if the department receives
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cial motor vehicle and submitted to a breath or
blood test and the person’s blood, as shown by
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commercial driving privileges of the person
for a period of three years if the person was
driving a commercial motor vehicle containing
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(4) The department shall suspend the com-
mercial driving privileges of a person for a
period of three years if the department receives
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or driver permit on suspension, revocation or vehicle and refused to submit to a test under
cancellation of the person’s driving privileges, 2567KHGHSDUWPHQWVKDOOVXVSHQG
WKHGHSDUWPHQWPD\UHTXHVWDQ\SHDFHRIÀFHU the commercial driving privileges of the person
to secure possession thereof and return it to IRUDSHULRGRIÀYH\HDUVLIWKHSHUVRQZDVGULY-
WKHGHSDUWPHQW ing a commercial motor vehicle containing a
(3) The offense described in this section, fail-
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ure to return a suspended, revoked or canceled (5) The department shall suspend the com-
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in another jurisdiction of an offense that, if
(Commercial Driving Privileges) committed in this state, would be grounds for
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failure of blood alcohol test; suspension LQJSULYLOHJHV7KHSHULRGRIVXVSHQVLRQXQGHU
in another jurisdiction. ([FHSWDVRWKHU- this subsection shall be the same as would be
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the commercial driving privileges of a person SXUSRVHVRIWKLVVXEVHFWLRQ´FRQYLFWLRQµPHDQV
for a period of one year when the department an unvacated adjudication of guilt, a deter-
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GULYHU or collateral deposited to secure the person’s
(b) A record of conviction of a crime pun- appearance in court, a plea of guilty or nolo
ishable as a felony involving the operation of contendere accepted by the court, the pay-
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a condition of release without bail, regardless
(c) A record of conviction for driving a com- of whether or not the penalty is rebated, sus-
mercial motor vehicle while, as a result of SHQGHGRUSUREDWHG
prior violations committed while operating a

Title 59 Page 182 (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

 7KHGHSDUWPHQWVKDOOVXVSHQGWKHFRP-
mercial driving privileges of a person in this
state if the department receives a notice from
another jurisdiction that the person has had
commercial driving privileges suspended or
revoked in another jurisdiction for reasons that
would be grounds for suspension of the person’s
FRPPHUFLDOGULYLQJSULYLOHJHVLQWKLVVWDWH7KH
period of suspension under this subsection is
the same as would be imposed on the person
LIWKHYLRODWLRQZHUHFRPPLWWHGLQWKLVVWDWH
WRDSSHDUSD\DÀQHRUFRPSO\ZLWKDQRUGHU
RIWKHFRXUW
(c) This subsection does not apply to failure
WRDSSHDUSD\DÀQHRUFRPSO\ZLWKDQRUGHURI
the court in a proceeding relating to a parking,
SHGHVWULDQYHKLFOHGHIHFWRUELF\FOLQJRIIHQVH
(2) The department shall suspend the com-
mercial driving privileges of a person if the
department receives a notice from the Federal
Motor Carrier Safety Administration that the
SHUVRQKDVEHHQGLVTXDOLÀHGIURPRSHUDWLQJ
  ,I WKH GHSDUWPHQW UHFHLYHV D UHFRUG
report or notice under this section for a
person who does not hold commercial driving
privileges in this state, the department shall
suspend the person’s right to apply for com-
mercial driving privileges as provided in ORS
a commercial motor vehicle and that the dis-
TXDOLÀFDWLRQLVGXHWRDGHWHUPLQDWLRQWKDWWKH
driving of that person constitutes an imminent
KD]DUG7KHGHSDUWPHQWVKDOOLPPHGLDWHO\
suspend commercial driving privileges under
this subsection without hearing, but the person
 may request a post-imposition hearing under
(8) A suspension imposed under this section
is consecutive to any other suspension imposed
XQGHU256RULIWKH
suspensions do not arise out of the same inci-
GHQW>F†@
Note6HFWLRQFKDSWHU2UHJRQ/DZV
SURYLGHV ZKLFKHYHULVVKRUWHU>F†@
 6HF6HFWLRQVWRRIWKLV$FW
>WR@DQGWKHUHSHDORI256
DQGE\VHF-
tion 12 of this 2013 Act apply only to conduct
occurring on or after July 8, 2015, for which
a record, report or notice as described in sec-
tions 4 to 11 of this 2013 Act is received by
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ5HFRUGV
reports and notices as described in sections 4
to 11 of this 2013 Act for conduct that occurred
before July 8, 2015, shall continue to be gov-
HUQHGE\256DQG
DVWKRVHVWDWXWHVZHUHLQHIIHFWLPPH-
GLDWHO\EHIRUH-XO\>F†@
 )DLOXUHWRDSSHDUSD\ÀQHRU
256ZLWKRXWUHJDUGWRDQ\KHDU-
ings conducted by the Federal Motor Carrier
6DIHW\$GPLQLVWUDWLRQ7KHSHULRGRIDVXV-
pension under this section is the period of
suspension prescribed by the Federal Motor
Carrier Safety Administration, or one year,
Note6HHQRWHXQGHU
809.520 Lifetime suspension of commer-
cial driving privileges. (1) Notwithstanding
256WKH'HSDUWPHQWRI7UDQVSRU-
tation shall permanently suspend a person’s
commercial driving privileges for the lifetime
of the person if the department receives a
record of conviction for a crime punishable as
a felony in which a motor vehicle was used and
that involved the manufacturing, distribut-
ing or dispensing of a controlled substance, as
GHÀQHGLQ2567KHGHSDUWPHQWPD\
not reinstate commercial driving privileges of
a person whose commercial driving privileges
DUHVXVSHQGHGXQGHUWKLVVXEVHFWLRQ
obey court order in another jurisdic-
WLRQGLVTXDOLÀFDWLRQE\)HGHUDO0RWRU
Carrier Safety Administration. (1)(a) The
Department of Transportation shall suspend
the commercial driving privileges of a person if
the department receives a notice from another
jurisdiction that the person failed to appear,
SD\DÀQHRUFRPSO\ZLWKDQRUGHURIWKHFRXUW
LQ D SURVHFXWLRQ RQ D FLWDWLRQ IRU D WUDIÀF
  1RWZLWKVWDQGLQJ 256  WKH
department shall suspend a person’s commer-
cial driving privileges for the lifetime of the
person if the department receives a second or
subsequent record, report or notice described
LQ256WKDWGRHVQRWDULVHRXWRIWKH
same incident and that would be grounds for
suspension of the person’s commercial driving
SULYLOHJHVXQGHU256
offense or for a violation in the other jurisdic-
tion that, if committed in this state, would be
JURXQGVIRUVXVSHQVLRQXQGHU256RU
DQGWKHSHUVRQKHOGFRPPHUFLDOGULY-
ing privileges or was operating a commercial
PRWRUYHKLFOHDWWKHWLPHRIWKHRIIHQVH7KH
period of a suspension under this subsection
LVWKHVKRUWHURI subsection earlier than 10 years after the date
(A) Ten years; or
(B) Until the department receives notice
from the other jurisdiction that the person
DSSHDUHGSDLGWKHÀQHRUFRPSOLHGZLWKWKH
FRXUW·VRUGHU
(b) The department shall suspend a person’s
commercial driving privileges under this sub-
section without regard to whether the other
jurisdiction suspends any driving privileges
of the person by reason of the person’s failure
 ([FHSWDVSURYLGHGLQVXEVHFWLRQVDQG
(4) of this section, a person whose commercial
driving privileges were suspended under sub-
section (2) of this section may apply to the
department for reinstatement of the person’s
FRPPHUFLDOGULYLQJSULYLOHJHV$QDSSOLFDWLRQ
for reinstatement may not be made under this
that the person’s commercial driving privileges
were suspended under subsection (2) of this
VHFWLRQ7KHGHSDUWPHQWPD\UHLQVWDWHWKH
SHUVRQ·VFRPPHUFLDOGULYLQJSULYLOHJHVLI
(a) The person meets all other require-
ments for the granting of commercial driving
privileges;
(b) The department, in its sole discretion,
ÀQGVJRRGFDXVHH[LVWVIRUUHLQVWDWHPHQWDQG

Title 59 Page 183 (2015 Edition)

 OREGON VEHICLE CODE

 F7KHGHSDUWPHQWÀQGVWKDWWKHSHUVRQ
has successfully completed rehabilitation as
DSSURYHGE\WKHGHSDUWPHQW
(4) The department shall permanently sus-
pend a person’s commercial driving privileges
for the lifetime of the person if the department
receives a record, report or notice described
in subsection (2) of this section that relates to
conduct that occurred after the person’s com-
mercial driving privileges were reinstated
department receives a report that the person
violated an out-of-service order issued under
256RUKDVYLRODWHGDQ\RWKHURXW
RIVHUYLFHRUGHURUQRWLFH$UHSRUWXQGHUWKLV
section may include, but need not be limited
to, a record of conviction or a record of a deter-
mination by a state or federal agency with
jurisdiction to make a determination that the
person has violated an out-of-service order or
QRWLFH
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ7KHGHSDUW-
ment may not reinstate the commercial driving
privileges for the lifetime of a person whose
commercial driving privileges are suspended
XQGHUWKLVVXEVHFWLRQ>F†@
Note6HHQRWHXQGHU
 6HULRXVWUDIÀFYLRODWLRQVUXOHV
(2) The department shall suspend the com-
mercial driving privileges of a person for a
period of one year if the department receives
a report as described in subsection (1) of this
VHFWLRQDQG
(a) The person committed the violation while
transporting hazardous materials; or
 ([FHSW DV SURYLGHG LQ WKLV VHFWLRQ WKH (b) The person committed the violation while
Department of Transportation shall suspend operating a motor vehicle designed to transport
the commercial driving privileges of a person RUPRUHSHUVRQVLQFOXGLQJWKHGULYHU
IRUDSHULRGRIGD\VLI (3) The department shall suspend the com-
(a) The department receives a record of a mercial driving privileges of a person for a
FRQYLFWLRQRIDVHULRXVWUDIÀFYLRODWLRQ SHULRGRIWKUHH\HDUVLI
(b) The violation was committed within (a) The department receives a report as
three years of the commission of another seri- described in subsection (1) of this section; and
RXVWUDIÀFYLRODWLRQIRUZKLFKWKHGHSDUWPHQW (b) The violation was committed within 10
received a record of a conviction; and years of the commission of one or more other
(c) The violations did not arise out of the violations of out-of-service orders for which
VDPHLQFLGHQW the department received reports as described
(2) The department shall suspend the com- LQVXEVHFWLRQRIWKLVVHFWLRQ
mercial driving privileges of a person for a (4) The department shall suspend the com-
SHULRGRIGD\VLI mercial driving privileges of a person for a
(a) The department receives a record of a SHULRGRIÀYH\HDUVLIWKHGHSDUWPHQWUHFHLYHV
FRQYLFWLRQRIDVHULRXVWUDIÀFYLRODWLRQ a report that meets the requirements of sub-
(b) The violation was committed within
three years of the commission of two or more
RWKHUVHULRXVWUDIÀFYLRODWLRQVIRUZKLFKWKH
department received records of conviction; and
(c) The violations did not arise out of the
VDPHLQFLGHQW
(3) The department by rule shall designate
WUDIÀFYLRODWLRQVWKDWFRQVWLWXWHVHULRXVWUDIÀF
YLRODWLRQVIRUWKHSXUSRVHVRIWKLVVHFWLRQ7R
the extent practicable, rules adopted by the
department under this section shall be uni-
form with any applicable federal regulations
related to offenses that constitute serious traf-
ÀFYLRODWLRQV
(4) A report of a conviction in another juris-
diction has the same effect as if the serious
WUDIÀFYLRODWLRQFRQYLFWLRQKDGRFFXUUHGLQWKLV
VWDWH
(5) A suspension imposed under this section
is consecutive to any other suspension imposed
XQGHUWKLVVHFWLRQRU256RU
LIWKHVXVSHQVLRQVGRQRWDULVHRXWRI
WKHVDPHLQFLGHQW>F†@
Note6HHQRWHXQGHU
809.530 Violation of out-of-service
VHFWLRQRIWKLVVHFWLRQDQG
(a) The violation that is the subject of the
report occurred while the person was trans-
porting hazardous materials; or
(b) The person committed the violation while
operating a motor vehicle designed to transport
RUPRUHSHUVRQVLQFOXGLQJWKHGULYHU
(5) A suspension imposed under this section
is consecutive to any other suspension imposed
XQGHUWKLVVHFWLRQRU256RU
LIWKHVXVSHQVLRQVGRQRWDULVHRXWRI
WKHVDPHLQFLGHQW>F†@
Note6HHQRWHXQGHU
809.535 Suspension of commercial
GULYHUOLFHQVHIRUVSHFLÀHGUDLOURDGFURVV-
ing violations. (1) The driver of a commercial
motor vehicle is subject to suspension of the
driver’s commercial driving privileges upon
FRQYLFWLRQRIDQ\RIWKHIROORZLQJRIIHQVHV
(a) Failure to stop for a railroad signal in
YLRODWLRQRI256
(b) Failure to follow rail crossing proce-
dures for high-risk vehicles in violation of ORS

(c) Obstructing a rail crossing in violation
order.  ([FHSW DV SURYLGHG LQ WKLV VHF- RI256
tion, the Department of Transportation shall (d) Failure of the operator of a commercial
suspend the commercial driving privileges motor vehicle to slow down and check that
of a person for a period of 180 days if the

Title 59 Page 184 (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

tracks are clear of an approaching train in the time of the incident, the department shall
YLRODWLRQRI256 suspend the person’s right to apply for commer-
(2) Upon receipt of a record of conviction FLDOGULYLQJSULYLOHJHVIRUWKHSHULRGVSHFLÀHG
for an offense described in subsection (1) of LQ256WR
this section, the Department of Transportation   ,I WKH GHSDUWPHQW UHFHLYHV D UHFRUG
shall suspend the convicted person’s commer- UHSRUWRUQRWLFHGHVFULEHGLQ256WR
cial driving privileges for the following periods DQGWKHFRPPHUFLDOGULYLQJSULYLOHJHV
RIWLPH of the person who is the subject of the record,
 D6L[W\GD\VLI report or notice are due to expire during the
suspension period, the department shall sus-
 $7KHFRQYLFWLRQLVWKHSHUVRQ·VÀUVWFRQ-
viction of an offense described in subsection
(1) of this section; or
(B) The date the person committed an
offense described in subsection (1) of this sec-
tion is not within three years of the date the
person committed another offense, as described
pend the person’s right to apply for commercial
driving privileges for the suspension period
VSHFLÀHGLQ256WR>
F†@
Note6HHQRWHXQGHU
809.545 Administrative review. (1)
in subsection (1) of this section and for which ([FHSWDVSURYLGHGLQVXEVHFWLRQVDQG
WKHUHZDVDFRQYLFWLRQ of this section, a person is entitled to admin-
LVWUDWLYH UHYLHZ XQGHU 256  IRU D
 E2QHKXQGUHGDQGWZHQW\GD\VLI suspension of commercial driving privileges
(A) The conviction is the person’s second con- XQGHU256WRRUDVXVSHQVLRQ
viction of an offense described in subsection (1) of the right to apply for commercial driving
of this section; SULYLOHJHVXQGHU256
(B) The date the person committed the (2) A person is entitled to a hearing under
second offense is within three years of the 256IRUDVXVSHQVLRQRIFRPPHUFLDO
date the person committed another offense, GULYLQJSULYLOHJHVXQGHU256RU
as described in subsection (1) of this section or a suspension of the right to apply for com-
and for which there was a conviction; and PHUFLDOGULYLQJSULYLOHJHVXQGHU256
EDVHGRQ256RU
(C) The convictions arose out of separate
LQFLGHQWV (3) A person is entitled to a hearing under
256IRUDVXVSHQVLRQRIFRPPHUFLDO
 F2QH\HDULI GULYLQJSULYLOHJHVXQGHU256RU
(A) The conviction is the person’s third or (4) when the suspension is based on conduct
subsequent conviction for an offense described GHVFULEHGLQ256RURUDVXV-
in subsection (1) of this section; pension of the right to apply for commercial
GULYLQJSULYLOHJHVXQGHU256ZKHQ
(B) The date the person committed the latest the suspension is based on conduct described
offense is within three years of the dates the
person committed two or more other offenses,
as described in subsection (1) of this section
and for which there were convictions; and
(C) The convictions arose out of separate
LQFLGHQWV
(3) A person is entitled to administrative
UHYLHZXQGHU256RIDVXVSHQVLRQ
XQGHUWKLVVHFWLRQ
(4) A report of a conviction in another juris-
diction of an offense described in subsection
(1) of this section has the same effect as if the
FRQYLFWLRQKDGRFFXUUHGLQWKLVVWDWH
(5) A suspension imposed under this section
is consecutive to any other suspension imposed
XQGHUWKLVVHFWLRQRU256RU
LIWKHVXVSHQVLRQVGRQRWDULVHRXWRI
WKHVDPHLQFLGHQW>)RUPHUO\
F†@
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LQ256RU>F†@
Note6HHQRWHXQGHU
(Habitual Offenders)
809.600 Kinds of offenses and number
of convictions. This section establishes the
kinds of offenses and the number of convictions
necessary to revoke the driving privileges of
a person as a habitual offender under ORS
7KHNLQGVRIRIIHQVHVDQGWKHQXPEHU
of convictions necessary to revoke driving priv-
LOHJHVDVDKDELWXDORIIHQGHUDUHDVIROORZV
(1) A person’s driving privileges shall be
revoked as a habitual offender if the person,
ZLWKLQDÀYH\HDUSHULRGKDVEHHQFRQYLFWHG
of three or more of any one or more of the fol-
lowing offenses as evidenced by the records
maintained by the Department of Transpor-
tation or by the records of a similar agency of
DQRWKHUVWDWH
(a) Any degree of murder, manslaughter,
809.540 Right to apply. ,IWKH'HSDUW-
ment of Transportation receives a record,
UHSRUWRUQRWLFHGHVFULEHGLQ256WR
DQGWKHSHUVRQZKRLVWKHVXEMHFWRI
the record, report or notice was driving a com-
criminally negligent homicide, assault, reck-
lessly endangering another person, menacing
or criminal mischief resulting from the oper-
DWLRQRIDPRWRUYHKLFOH
mercial motor vehicle at the time of the incident  E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
giving rise to the record, report or notice but LQWR[LFDQWVXQGHU256
did not hold commercial driving privileges at

Title 59 Page 185 (2015 Edition)

 OREGON VEHICLE CODE

(c) Criminally driving a motor vehicle while to determine whether the restrictions may
VXVSHQGHGRUUHYRNHGXQGHU256 EHOLIWHG>F†F†
 G5HFNOHVVGULYLQJXQGHU256
(e) Failure to perform the duties of a driver
XQGHU256RU
(f) Fleeing or attempting to elude a police
RIÀFHUXQGHU256
(g) Aggravated vehicular homicide under
256RUDJJUDYDWHGGULYLQJZKLOHVXV-
SHQGHGRUUHYRNHGXQGHU256
(2) A person’s driving privileges shall be
revoked as a habitual offender if the person,
ZLWKLQDÀYH\HDUSHULRGKDVEHHQFRQYLFWHG
of 20 or more of any one or more of the fol-
lowing offenses as evidenced by the records
maintained by the department or by a similar
DJHQF\RIDQRWKHUVWDWH F†F†F†D@
(a) Any offenses enumerated in subsection
F†F†F†@
809.620 > F †  F †
UHSHDOHGE\F†@
809.630>F†UHSHDOHGE\
F†@
809.640 Procedures on habitual
offender determination. When the Depart-
ment of Transportation determines from the
driving record of a person as maintained by
the department that a person’s driving privi-
leges are required to be revoked as a habitual
RIIHQGHUXQGHU256WKHGHSDUWPHQW
shall revoke the driving privileges of the
SHUVRQ$SHUVRQLVHQWLWOHGWRDGPLQLVWUDWLYH
UHYLHZRIDUHYRFDWLRQXQGHUWKLVVHFWLRQ>
809.650 Effect of habitual offender
RIWKLVVHFWLRQ revocation. (1) When the Department of
 E$Q\RIIHQVHVSHFLÀHGLQWKHUXOHVRIWKH
GHSDUWPHQWDGRSWHGXQGHU256
(3) A person’s driving privileges shall not
be revoked under subsection (2) of this section
XQWLOWKHSHUVRQ·VVWFRQYLFWLRQZLWKLQDÀYH
year period when the 20th conviction occurs
after a lapse of two years or more from the last
SUHFHGLQJFRQYLFWLRQ
Transportation revokes a person’s driving
privileges as a habitual offender under ORS
WKHSHUVRQKDVQRGULYLQJSULYLOHJHV
for motor vehicles in this state and cannot
obtain any driving privileges for motor vehi-
cles in this state, except as provided under a
probationary driver permit described under
256XQWLOWKHSHUVRQ
 D,VDJDLQHOLJLEOHXQGHUWKLVVHFWLRQIRU
(4) The offenses described under this section the issuance of driving privileges; and
LQFOXGHDQ\RIWKHIROORZLQJ
(b) The department restores the privilege of
 D$Q\YLRODWLRQRIDWUDIÀFRUGLQDQFHRI
a city, municipal or quasi-municipal corpora-
tion that substantially conforms to offenses
GHVFULEHGXQGHUWKLVVHFWLRQ
(b) Any violation of offenses under any fed-
eral law or any law of another state, including
subdivisions thereof, that substantially con-
IRUPWRRIIHQVHVGHVFULEHGLQWKLVVHFWLRQ>
F†F†F†
F†F†F†
F†F†F†
F†F†F†@
809.605 Determination of which
offenses count; rules. The Department of
Transportation shall adopt rules specifying
ZKLFKWUDIÀFRIIHQVHVFRXQWIRUWKHSXUSRVH
of determining that a person is a habitual
the person to operate a motor vehicle in this
VWDWHXQGHU256
(2) A person whose driving privileges are
revoked as a habitual offender is not eligible
for the issuance of driving privileges until the
H[SLUDWLRQRIÀYH\HDUVIURPWKHGDWHWKHGULY-
LQJSULYLOHJHVRIWKHSHUVRQZHUHUHYRNHG>
F†F†@
809.660 Restoration of privileges. When
a person whose driving privileges have been
revoked as a habitual offender becomes eligible
for issuance of driving privileges under ORS
WKHSHUVRQPD\DSSO\WRWKH'HSDUW-
ment of Transportation for restoration of the
privilege to operate a motor vehicle in this
VWDWH8SRQVXFKSHWLWLRQDQGIRUJRRGFDXVH
shown, the department, in its discretion, may
RIIHQGHUXQGHU256EHFDXVHWKH
SHUVRQKDVEHHQFRQYLFWHGRIRUPRUHWUDIÀF
RIIHQVHV>F†@
809.610 Restriction of driving priv-
ileges; notice; meeting. (1) When the
Department of Transportation receives an
DEVWUDFWRIWKHFRQYLFWLRQXQGHU256
and the conviction is the second one of those
restore to the person the privilege to operate
DPRWRUYHKLFOHLQWKLVVWDWH
(1) Upon such terms and conditions as the
department may prescribe; and
(2) Subject to other provisions of law relating
WRWKHLVVXDQFHRIGULYLQJSULYLOHJHV>F
†@
GHVFULEHGE\256IRUWKHSHUVRQRU
WKHWKRIWKRVHGHVFULEHGE\256 VEHICLE IMPOUNDMENT AND
for the person, the department may restrict the IMMOBILIZATION; SEIZURE
person’s driving privileges and shall send the AND FORFEITURE
SHUVRQQRWLFHRIWKHUHVWULFWLRQVE\ÀUVWFODVV
PDLO  'HÀQLWLRQRI´YHKLFOHLPPR-
bilization device.” $VXVHGLQ256
 $SHUVRQQRWLÀHGXQGHUVXEVHFWLRQ DQGD´YHKLFOHLPPRELOL]DWLRQGHYLFHµ
of this section of restrictions placed on the means a device that may be clamped and locked
person’s driving privileges may request a meet- onto a part of a motor vehicle for the purpose of
ing with a representative of the department

Title 59 3DJH (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

LPPRELOL]LQJWKHYHKLFOH>F† storage of the vehicle under this section,

F†@ whether or not the vehicle is returned to the
809.700 Court-ordered impoundment or SHUVRQFRQYLFWHG
immobilization upon conviction; grounds;  E,IDYHKLFOHLVLPPRELOL]HGXQGHUWKLV
duration; vehicles subject; return; secu- section, the person convicted shall be liable
rity interest holder rights. A court may for the expenses incurred in installation and
order a motor vehicle impounded or immobi- removal of the vehicle immobilization device
OL]HGXSRQFRQYLFWLRQIRUWKHWUDIÀFRIIHQVHV and for rental of the device during the period
GHVFULEHGLQWKLVVHFWLRQ7KHDXWKRULW\WR the device is installed on the vehicle, whether
impound or immobilize a vehicle under this or not the vehicle is released to the person
VHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ FRQYLFWHG
(1) The court may order a vehicle impounded (7) A vehicle shall be released or returned
or immobilized under this section when a to the person convicted or the owner only upon
SHUVRQLVFRQYLFWHG payment of the expenses incurred in the immo-
(a) For driving a motor vehicle while the bilization or towing and storage of the vehicle
person’s license is suspended or revoked in XQGHUWKLVVHFWLRQ
YLRODWLRQRI256RURU
(b) On a second or subsequent charge of driv-
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQ
YLRODWLRQRI256
(2) A vehicle may be impounded or immobi-
lized under this section for not more than one
\HDUIURPMXGJPHQW
(3) The following vehicles may be impounded
XQGHUWKLVVHFWLRQ VHFWLRQRQO\LIWKHFRXUWLVVDWLVÀHGE\DSUHSRQ-
(a) Any motor vehicle of which the convicted
SHUVRQLVWKHRZQHU
(b) Any motor vehicle which the convicted
SHUVRQLVRSHUDWLQJDWWKHWLPHRIDUUHVW
(4) A vehicle may be immobilized under this
section if the vehicle is registered in this state
and is a vehicle that may be impounded under
 ,IDYHKLFOHLVQRWUHFODLPHGZLWKLQ
days after the time set for the return of the
vehicle in an impounding order or release of
the vehicle in an immobilization order, the
vehicle may be disposed of in accordance with
SURFHGXUHVXQGHU256WR
(9) The court may order that a motor vehi-
cle of which the convicted person is not the
owner be impounded or immobilized under this
derance of the evidence that the owner knew
or had good reason to know that the convicted
SHUVRQ
(a) Did not have a valid license and know-
ingly consented to the operation of the vehicle
by the convicted person; or
(b) Was operating the vehicle while under
VXEVHFWLRQRIWKLVVHFWLRQ WKHLQÁXHQFHRILQWR[LFDQWV
 D,IDYHKLFOHLVRUGHUHGWREHLPPREL-
lized under this section and if the convicted
person resides in the jurisdiction of the law
enforcement agency that arrested the person
for the offense described in subsection (1) of
this section, the arresting law enforcement
agency shall install a vehicle immobilization
GHYLFHRQWKHYHKLFOH,IWKHFRQYLFWHGSHUVRQ
does not reside in the jurisdiction of the law
enforcement agency that arrested the person,
(10) The authority to impound or immobi-
lize a vehicle under this section is subject to
the rights of a security interest holder under a
security agreement executed before an arrest
for violation of an offense for which the vehi-
cle may be impounded or immobilized under
WKLVVHFWLRQ$YHKLFOHVKDOOEHUHOHDVHGIRUWKH
SXUSRVHRIVDWLVI\LQJDVHFXULW\LQWHUHVWLI
(a) Request in writing is made to the court;
the sheriff of the county in which the person
UHVLGHVVKDOOLQVWDOOWKHGHYLFH
(b) A vehicle ordered immobilized under this
section shall be immobilized at the residence
 E,IWKHYHKLFOHKDVEHHQLPSRXQGHGRU
immobilized, the security interest holder pays
the expenses in towing and storage or in immo-
bilization of the vehicle; and
of the owner of the vehicle or at the location
ZKHUHWKHRZQHUUHJXODUO\SDUNVWKHYHKLFOH
(c) A vehicle ordered immobilized under this
section may be immobilized only in a location
at which the vehicle may be legally stored for
WKHSHULRGRIWKHLPPRELOL]DWLRQRUGHU,IQR
location is available at which the vehicle may
be legally stored, the vehicle may be impounded
IRUWKHSHULRGRIWKHLPPRELOL]DWLRQRUGHU
(d) A vehicle owner who fails to allow
installation of a vehicle immobilization device
ordered under this section shall be subject to
contempt of court proceedings under ORS
WR
 F,IWKHUHJLVWUDWLRQRIWKHYHKLFOHKDVEHHQ
VXVSHQGHGXQGHU256WKHVHFXULW\
interest holder takes possession of the vehicle
subject to the suspension of the registration
remaining in effect against the registered
RZQHU
(11) A security interest holder’s obligation
to pay and right to recover towing and storage
or immobilization expenses under subsection
(10) of this section are limited to the recovery
of those towing and storage or immobilization
expenses incurred during the initial 20-day
period when the vehicle was in public storage
or immobilized, unless the authority taking the
vehicle into custody or immobilizing the vehicle
 D,IDYHKLFOHLVLPSRXQGHGXQGHUWKLV XQGHUWKLVVHFWLRQKDVWUDQVPLWWHGE\FHUWLÀHG
section, the person convicted shall be liable mail a written notice to the holder concern-
for the expenses incurred in the towing and ing the accrual of storage or immobilization

Title 59 Page 187 (2015 Edition)

 OREGON VEHICLE CODE
H[SHQVHV,IWKHYHKLFOHLVLQSULYDWHVWRUDJH
the lien claimant shall transmit the written
QRWLFH>F†F†
F†F†F†
F†F†@
809.702 Tampering with vehicle immo-
bilization device; penalty. (1) A person
commits the offense of tampering with a vehi-
cle immobilization device if the person does
KHDULQJVRIÀFHUVKDOORUGHUWKHYHKLFOHUHOHDVHG
to the person entitled to possession and shall
HQWHUDÀQGLQJWKDWWKHRZQHURUSHUVRQHQWL-
tled to possession of the vehicle is not liable for
any towing or storage costs resulting from the
LPSRXQGPHQW,IWKHUHLVDOLHQRQWKHYHKLFOH
for towing and storage charges, the hearings
RIÀFHUVKDOORUGHULWSDLGE\WKHLPSRXQGLQJ
SROLFHDJHQF\
anything to a vehicle immobilization device
WKDWZDVRUGHUHGLQVWDOOHGXQGHU256
WKDWFLUFXPYHQWVWKHRSHUDWLRQRIWKHGHYLFH
(2) The offense described in this section,
tampering with a vehicle immobilization
GHYLFHLVD&ODVV$WUDIÀFYLRODWLRQ>
F†F†@
809.710 Authority to refuse to release
vehicle to intoxicated person. Notwith-
standing any other provision of law, a police
RIÀFHUDSROLFHDJHQF\RUDQ\SHUVRQDFWLQJDV
an agent for either has authority to refuse to
release or authorize release of any motor vehi-
cle from custody to any person who is visibly
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV>)RUPHUO\
@
809.715>)RUPHUO\F†
UHSHDOHGE\F†@
  $ SROLFH DJHQF\ PD\ FRQWUDFW ZLWK
another agency or entity to conduct hearings
XQGHUWKLVVHFWLRQ>)RUPHUO\
F†F†DF†@
  ,PSRXQGPHQW IRU VSHFLÀHG
offenses; grounds; notice; release. (1) A
SROLFHRIÀFHUZKRKDVSUREDEOHFDXVHWREHOLHYH
that a person, at or just prior to the time the
SROLFHRIÀFHUVWRSVWKHSHUVRQKDVFRPPLW-
ted an offense described in this subsection
may, without prior notice, order the vehicle
impounded until a person with right to posses-
sion of the vehicle complies with the conditions
for release or the vehicle is ordered released
E\DKHDULQJVRIÀFHU7KLVVXEVHFWLRQDSSOLHV
WRWKHIROORZLQJRIIHQVHV
(a) Driving while suspended or revoked in
YLRODWLRQRI256RU
809.716 Hearing on impoundment. (1)
A person entitled to lawful possession of a
YHKLFOHLPSRXQGHGXQGHU256PD\
request a hearing to contest the validity of the
LPSRXQGPHQW$UHTXHVWPXVWEHPDGHZLWKLQ
ÀYHFDOHQGDUGD\VDIWHUWKHGDWHWKDWQRWLFHRI
the impoundment is mailed, as evidenced by
the postmark, not including Saturdays, Sun-
GD\VRUKROLGD\V7KHUHTXHVWVKDOOEHPDGHWR
a person designated by the impounding police
DJHQF\WRUHFHLYHVXFKUHTXHVWV
(2) When a timely request for a hearing is
made, a hearing shall be held before a hear-
LQJV RIÀFHU GHVLJQDWHG E\ WKH LPSRXQGLQJ
SROLFHDJHQF\7KHKHDULQJVKDOOEHVHWIRUIRXU
calendar days after the request is received,
excluding Saturdays, Sundays and holidays,
but may be postponed at the request of the
SHUVRQDVNLQJIRUWKHKHDULQJ
(3) The impounding police agency shall have
the burden of proving by a preponderance of the
evidence that there were reasonable grounds
to believe that the vehicle was being operated
LQYLRODWLRQRI256
 RU  7KH SROLFH RIÀFHU ZKR
ordered the vehicle impounded may submit
DQDIÀGDYLWWRWKHKHDULQJVRIÀFHULQOLHXRI
PDNLQJDSHUVRQDODSSHDUDQFHDWWKHKHDULQJ
 E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVLQYLRODWLRQRI256
(c) Operating without driving privileges or
in violation of license restrictions in violation
RI256
(d) Driving uninsured in violation of ORS

(2) Notice that the vehicle has been
impounded shall be given to the same parties,
in the same manner and within the same time
OLPLWVDVSURYLGHGLQ256IRUQRWLFH
DIWHUUHPRYDORIDYHKLFOH
(3) A vehicle impounded under subsection
(1) of this section shall be released to a person
entitled to lawful possession upon compliance
ZLWKWKHIROORZLQJ
(a) Submission of proof that a person with
valid driving privileges will be operating the
vehicle;
(b) Submission of proof of compliance with
ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVIRUWKH
vehicle; and
(c) Payment to the police agency of an admin-
istrative fee determined by the agency to be
VXIÀFLHQWWRUHFRYHULWVDFWXDODGPLQLVWUDWLYH
FRVWVIRUWKHLPSRXQGPHQW
 ,IWKHKHDULQJVRIÀFHUÀQGVWKDWWKH
impoundment of the vehicle was proper, the
KHDULQJVRIÀFHUVKDOOHQWHUDQRUGHUVXSSRUW-
LQJWKHUHPRYDODQGVKDOOÀQGWKDWWKHRZQHU
or person entitled to possession of the vehicle
is liable for usual and customary towing and
VWRUDJHFRVWV7KHKHDULQJVRIÀFHUPD\DOVR
ÀQGWKHRZQHURUSHUVRQHQWLWOHGWRSRVVHVVLRQ
RIWKHYHKLFOHOLDEOHIRUFRVWVRIWKHKHDULQJ
(4) Notwithstanding subsection (3) of this
section, a person who holds a security interest
in the impounded vehicle may obtain release of
WKHYHKLFOHE\SD\LQJWKHDGPLQLVWUDWLYHIHH
(5) When a person entitled to possession of
the impounded vehicle has complied with the
requirements of subsection (3) or (4) of this
section, the impounding police agency shall
authorize the person storing the vehicle to
  ,I WKH KHDULQJV RIILFHU ILQGV WKDW release it upon payment of any towing and
impoundment of the vehicle was improper, the VWRUDJHFRVWV

Title 59 Page 188 (2015 Edition)

 6863(16,21$1'5(92&$7,21,03281'0(17
 

 1RWZLWKVWDQGLQJVXEVHFWLRQRIWKLV
section, the holder of a towing business certif-
LFDWHLVVXHGXQGHU256PD\IRUHFORVH
DOLHQFUHDWHGE\256IRUWKHWRZLQJ
and storage charges incurred in the impound-
ment of the vehicle, without payment of the
administrative fee under subsection (3)(c) of
WKLVVHFWLRQ
(e) Aggravated vehicular homicide under
256RUDJJUDYDWHGGULYLQJZKLOHVXV-
SHQGHGRUUHYRNHGXQGHU256
(2) For the purposes of subsection (1) of this
section, a conviction for a driving offense in
another jurisdiction based solely on a person
under 21 years of age having a blood alcohol
content that is lower than the permissible blood
 1RWKLQJLQWKLVVHFWLRQRU256
limits either the authority of a city or county
to adopt ordinances dealing with impounding
of uninsured vehicles or the contents of such
ordinances except that cities and counties shall
comply with the notice requirements of subsec-
alcohol content in that jurisdiction for a person
21 years of age or older does not constitute a
SULRUFRQYLFWLRQ
(3) All seizure and forfeiture proceedings
under this section shall be conducted in accor-
GDQFHZLWK256FKDSWHU$>F
WLRQRIWKLVVHFWLRQDQG256
(8) A police agency may not collect its fee
under subsection (3)(c) of this section from a
KROGHURIDWRZLQJEXVLQHVVFHUWLÀFDWHLVVXHG
XQGHU256XQOHVVWKHKROGHUKDVÀUVW
collected payment of any towing and storage
FKDUJHVDVVRFLDWHGZLWKWKHLPSRXQGPHQW
>F†F†@
809.725 Notice following impoundment
under city or county ordinance. (1) When
a motor vehicle is impounded under authority
of a city or county ordinance, the city or county
shall give notice of the impoundment to the
owners of the motor vehicle and to any lessors
or security interest holders as shown on the
UHFRUGVRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
The notice shall be given within 48 hours of
LPSRXQGPHQW
(2) The notice required by subsection (1) of
this section shall be given to the same parties,
in the same manner and within the same time
OLPLWVDVSURYLGHGLQ256IRUQRWLFH
DIWHUUHPRYDORIDYHKLFOH>F†@
 6HL]XUHRIPRWRUYHKLFOHIRUFLYLO
IRUIHLWXUHGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
†F†F††D
F†F†F†
F†@
809.735 Preemption of local forfeiture
ordinances. (1) The seizure and forfeiture
SURYLVLRQVRI256GRQRWSUHHPSWD
city or county ordinance enacted and in effect
on June 22, 1999, relating to forfeiture of a
motor vehicle operated by a person described
LQ256
(2) The seizure and forfeiture provisions of
256GRQRWSUHHPSWDFLW\ZLWKDSRS-
ulation exceeding 400,000 or a county with a
population exceeding 500,000 from enacting,
on or before January 1, 2000, an ordinance
relating to seizure and forfeiture of a motor
vehicle operated by a person described in ORS

(3) Notwithstanding subsections (1) and (2)
of this section, seizure and forfeiture proce-
dures in a city or county ordinance relating to
seizure and forfeiture of a motor vehicle oper-
DWHGE\DSHUVRQGHVFULEHGLQ256
VKDOOEHLQDFFRUGDQFHZLWK256FKDSWHU$
>F†F†@
LQWR[LFDQWV$PRWRUYHKLFOHPD\EHVHL]HG
and forfeited if the person operating the vehicle
is arrested or issued a citation for driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQ
RI256DQGWKHSHUVRQZLWKLQWKUHH
years prior to the arrest or issuance of the cita-
WLRQKDVEHHQFRQYLFWHGRI
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
809.740 Seizure of motor vehicle for
 D'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI forfeiture; driving while suspended or
LQWR[LFDQWVLQYLRODWLRQRI revoked. (1) A motor vehicle may be seized
 $256RU for forfeiture if the person operating the motor
(B) The statutory counterpart to ORS vehicle is arrested or issued a citation for crim-
LQDQRWKHUMXULVGLFWLRQ inal driving while suspended or revoked under
256RUDJJUDYDWHGGULYLQJZKLOHVXV-
 E$GULYLQJXQGHUWKHLQÁXHQFHRILQWR[-
icants offense in another jurisdiction that
involved the impaired driving of a vehicle due
to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination
thereof;
(c) A driving offense in another jurisdiction
that involved operating a vehicle while having
a blood alcohol content above that jurisdiction’s
permissible blood alcohol content;
(d) Murder, manslaughter, criminally neg-
ligent homicide or assault that resulted from
the operation of a motor vehicle in this state
or in another jurisdiction; or
Title 59 Page 189
SHQGHGRUUHYRNHGXQGHU256DQGWKH
person, within three years prior to the arrest
or issuance of the citation, has been convicted
RI
(a) Criminal driving while suspended or
UHYRNHGXQGHU256RU
(b) Aggravated driving while suspended or
UHYRNHGXQGHU256
(2) All seizure and forfeiture proceedings
under this section shall be conducted in accor-
GDQFHZLWK256FKDSWHU$>F†@
(2015 Edition)
 OREGON VEHICLE CODE

809.745 Adoption of policies and proce-

dures prior to forfeiture. A law enforcement
DJHQF\DVGHÀQHGLQ256PD\QRW
seize a vehicle for forfeiture under ORS
RURUXQOHVVWKH
agency has adopted policies and procedures
for seizure, including policies relating to when
DSROLFHRIÀFHUPD\VHL]HDPRWRUYHKLFOHIRU
IRUIHLWXUHXQGHU256RURU
>F†@

_______________

Title 59 Page 190 (2015 Edition)

 (1)25&(0(172)),&,$/6

Chapter 810

(',7,21
ENFORCEMENT OFFICIALS

ROAD AUTHORITIES  8QODZIXOLQWHUIHUHQFHZLWKWUDIÀF

control device or railroad sign;
penalty
(Jurisdiction)
 2SHUDWLRQRIÁDVKLQJOLJKWLQGLFDWLQJ
810.010 Jurisdiction over highways; exception children in school zone
810.012 Jurisdiction over access to facilities 810.245 Signs giving notice of consequences of
and services from certain roads; rules WUDIÀFRIIHQVHVFRPPLWWHGLQVFKRRO
zones
(Roads) 810.247 Signs giving notice of multilane
810.020 Regulating use of throughway roundabouts
810.030 Imposition of restrictions on highway  8VHRIWUDIÀFFRQWUROGHYLFHSODFH-
use; grounds; procedure; penalties ment or legibility as evidence
810.040 Designation of truck routes; limita- 810.260 Standards for installation, operation
tions; penalties DQGXVHRIWUDIÀFFRQWUROVLJQDORSHU-
ating devices; rules
810.050 Increase or decrease in size or weight
limits on highways if federal mandate
allows or requires; rules COURTS
810.060 Increase in weight or size if highway
found capable of supporting increase; (Security for Appearance)
rules
810.070 Use of golf carts on highways; rules  6HFXULW\IRUDSSHDUDQFHRQWUDIÀF
crime
 3HGHVWULDQWUDIÀF
810.310 Use of license as security deposit
810.090 Bicycle racing
 8VHRIJXDUDQWHHGDUUHVWERQGFHUWLÀ-
 5HVWULFWLRQRIDQLPDOWUDIÀFWREULGOH cate as security deposit
paths
810.330 Use of automobile membership card
810.110 Designation of through highways and as security deposit
stop intersections
810.120 Designation of no passing zones (Jurisdiction and Procedures)
810.130 One-way highways; safety zones;  3URFHHGLQJVMXULVGLFWLRQRIÀQDQFLDO
turns responsibility requirements and
810.140 Designation of exclusive use lanes suspension
810.150 Drain construction; compliance 810.350 Procedures for overloading and cer-
with bicycle safety requirements; tain other violations
guidelines
(Court-Related Offenses)
(Parking)
810.365 Failure to appear on certain parking
810.160 Controlling parking on highways; offenses
limitations
810.170 Winter recreation parking locations; (Records)
plowing; priorities; enforcement
 &RXUWWRIRUZDUGWUDIÀFFRQYLFWLRQ
records to department; exceptions
(Speeds)
810.375 Duties of judges or court clerks
810.180 Designation of maximum speeds;
rules
POLICE
7UDIÀF&RQWURO'HYLFHV
(General Authority)
 8QLIRUPVWDQGDUGVIRUWUDIÀFFRQWURO
devices; uniform system of marking 810.400 Uniform or badge required
and signing highways
810.410 Arrest and citation
 3ODFHPHQWDQGFRQWURORIWUDIÀFFRQ-
810.415 Removal of vehicles, cargo or debris
trol devices
from roadway after accident
810.212 Requirements for certain speed limit
810.420 Use of speed measuring device; cita-
signs
tion; training
 6LJQVSURKLELWLQJXQPXIÁHGHQJLQH
810.425 Procedure in certain parking cases
brakes
810.430 Movement of illegally parked vehicles
 ([HPSWLRQIURPWUDIÀFFRQWUROGHYLFH
VSHFLÀFDWLRQV
810.230 Unlawful sign display; exceptions;
penalty

Title 59 Page 191 (2015 Edition)

 OREGON VEHICLE CODE

(Photo Red Light) (Security for Appearance)

810.434 Photo red light; operation; evaluation 810.448 Security for appearance of person
810.435 Use of photographs DUUHVWHGIRUWUDIÀFFULPH
810.436 Citations based on photo red light; 810.450 Security for appearance of person
response to citation issued citation

(Photo Radar) (Accident Reports)

810.438 Photo radar; authorized jurisdictions  2IÀFHU·VDFFLGHQWUHSRUWXVH

810.439 Citations based on photo radar;
response to citation
810.441 Photo radar; highway work zones
810.442 Citations based on photo radar in
highway work zones; response to
citation
(Temporary provisions relating to the use
of photo radar in the City of Fairview are
compiled as notes following ORS 810.442)
(Temporary provisions relating to the use
of photo radar in the City of Portland are
compiled as notes following ORS 810.442)
(Stops and Inspections)
810.480 Inspections involving vehicle dealers
and dismantlers
810.490 Weighing and measuring vehicles;
citation; reduction of load
810.500 Stopping and testing vehicles for
equipment violations
810.510 State police inspection for mechani-
cal condition and equipment
810.520 Vehicle repair warning
OTHER ENFORCEMENT OFFICIALS
810.530 Authority of weighmasters and motor
FDUULHUHQIRUFHPHQWRIÀFHUV
810.540 Enforcement of snowmobile and
all-terrain vehicles violations by per-
VRQVRWKHUWKDQSROLFHRIÀFHUV
 $XWKRULW\RIUDLOURDGRIÀFHUVWRPRYH
illegally parked vehicles
 &HUWLÀFDWLRQDQGWUDLQLQJRIFRPPHU-
cial vehicle inspectors

Title 59 Page 192 (2015 Edition)

 (1)25&(0(172)),&,$/6
ROAD AUTHORITIES
(Jurisdiction)
810.010 Jurisdiction over highways;
exception. This section designates the
bodies responsible for exercising jurisdiction
over certain highways when the vehicle code
requires the exercise of jurisdiction by the road
DXWKRULW\7KLVVHFWLRQGRHVQRWFRQWUROZKHUHD
VSHFLÀFVHFWLRQRIWKHYHKLFOHFRGHVSHFLÀFDOO\
provides for exercising jurisdiction in a manner
GLIIHUHQWWKDQSURYLGHGE\WKLVVHFWLRQ([FHSW
DVRWKHUZLVHVSHFLÀFDOO\SURYLGHGXQGHUWKH
code, the responsibilities designated under this
section do not include responsibility for main-
WHQDQFH5HVSRQVLELOLW\IRUPDLQWHQDQFHLVDV
RWKHUZLVHSURYLGHGE\ODZ7KHIROORZLQJDUH
WKHURDGDXWKRULWLHVIRUWKHGHVFULEHGURDGV ZD\IURPEHLQJXQGXO\GDPDJHG
(1) The Department of Transportation is the
road authority for all state highways in this
VWDWHLQFOXGLQJLQWHUVWDWHKLJKZD\V
(2) The county governing body is the road
authority for all county roads outside the
ERXQGDULHVRIDQLQFRUSRUDWHGFLW\
(3) The governing body of an incorporated
 
of the regulation are erected upon a through-
ZD\DQGWKHDSSURDFKHVWRWKHWKURXJKZD\
(3) Penalties for violation of restrictions or
prohibitions imposed under this section are
SURYLGHGXQGHU256
(4) The Oregon Transportation Commission
shall act as road authority under this section
LQOLHXRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
>F†@
810.030 Imposition of restrictions
on highway use; grounds; procedure;
penalties. (1) A road authority may impose
restrictions described under this section on its
own highways as the road authority determines
QHFHVVDU\WRGRDQ\RIWKHIROORZLQJ
(a) Protect any highway or section of high-
(b) Protect the interest and safety of the
JHQHUDOSXEOLF
(2) Restrictions that may be imposed under
WKLVVHFWLRQLQFOXGHDQ\RIWKHIROORZLQJ
(a) Prohibition of the operation of any or all
YHKLFOHVRUDQ\FODVVRUNLQGRIYHKLFOH
city is the road authority for all highways,  E,PSRVLQJOLPLWVRQDQ\ZHLJKWRUGLPHQ-
roads, streets and alleys, other than state VLRQRIDQ\YHKLFOHRUFRPELQDWLRQRIYHKLFOHV
highways, within the boundaries of the incor-
SRUDWHGFLW\
(4) Any other municipal body, local board or
local body is the road authority for highways,
other than state highways, within its boundar-
ies if the body or board has authority to adopt
and administer local police regulations over
the highway under the Constitution and laws
RIWKLVVWDWH
(5) Any federal authority granted jurisdic-
tion over federal lands within this state under
federal law or rule is the road authority for
highways on those lands as provided by the
IHGHUDOODZRUUXOH>F†F
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810.012 Jurisdiction over access to
facilities and services from certain roads;
rules. Notwithstanding any other provision of
the Oregon Vehicle Code, the Oregon Trans-
portation Commission, by rule, may establish
procedures for, and certify to the Federal High-
way Administration compliance with, Federal
5HJXODWLRQ&)5SDUWIRUURDGVXQGHU
WKHDXWKRULW\RIFLWLHVDQGFRXQWLHV>F
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(Roads)
810.020 Regulating use of throughway.
 F,PSRVLQJDQ\RWKHUUHVWULFWLRQVWKDWWKH
road authority determines necessary to achieve
WKHSXUSRVHVRIWKLVVHFWLRQ7KLVSDUDJUDSK
does not grant authority to impose speed
UHVWULFWLRQV
(3) Any restrictions or limitations imposed
under this section must be imposed by proper
RUGHU7KHUHVWULFWLRQVRUOLPLWDWLRQVDUHHIIHF-
tive when appropriate signs giving notice of the
UHVWULFWLRQVRUOLPLWDWLRQVDUHHUHFWHG$VLJQ
giving notice of a restriction or limitation in
an order shall be maintained in a conspicuous
manner and shall be placed at each end of the
highway or section of highway affected by the
order and at such other places as is necessary
WRLQIRUPWKHSXEOLF
(4) Penalties are provided under ORS
IRUYLRODWLRQRIUHVWULFWLRQVLPSRVHG
XQGHUWKLVVHFWLRQ>F†F
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810.040 Designation of truck routes;
limitations; penalties. (DFKURDGDXWKRU-
ity may designate any of its highways or any
section of any of its highways as a truck route
and may prohibit the operation of trucks,
machinery or any other large or heavy vehicles
upon any other of its highways that serves the
same route or area served by the truck route
(DFKURDGDXWKRULW\PD\SURKLELWRUUHVWULFW GHVLJQDWHG7KHDXWKRULW\JUDQWHGXQGHUWKLV
the use of a throughway in its jurisdiction by VHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ
DQ\RIWKHIROORZLQJ (1) The governing body of an incorporated
 D3DUDGHV city shall not designate a truck route or pro-
KLELWWKHRSHUDWLRQRIDQ\YHKLFOHRQD
 E%LF\FOHVRURWKHUQRQPRWRUL]HGWUDIÀF
(a) State highway that is within the bound-
 F0RWRUF\FOHVRUPRSHGV aries of the city without the written consent of
(2) Regulation under this section becomes WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
effective when appropriate signs giving notice

Title 59 Page 193 (2015 Edition)

 OREGON VEHICLE CODE
(b) County road that is within the bound-
aries of the city without the written consent
RIWKHJRYHUQLQJERG\RIWKHFRXQW\
(2) Any designation or prohibition made
under authority of this section must be imposed
E\DSSURSULDWHRUGHUUHVROXWLRQRURUGLQDQFH
(3) A road authority exercising authority
under this section shall erect and maintain
signs in a conspicuous manner and place at
each end of the highway or section of highway
where a designation or prohibition is imposed
to give notice of the prohibitions or designa-
WLRQVLPSRVHG7KHURDGDXWKRULW\VKDOOHUHFW
and maintain signs giving notice of any pro-
hibitions or designations imposed under this
section at such other places as may be neces-
VDU\WRLQIRUPWKHSXEOLF
(4) A prohibition or designation imposed
under this section is effective when signs
giving notice thereof are posted as required
E\WKLVVHFWLRQ
(5) Penalties are provided under ORS
IRUYLRODWLRQRIUHTXLUHPHQWVLPSRVHG
XQGHUWKLVVHFWLRQ>F†@
810.050 Increase or decrease in size
or weight limits on highways if federal
mandate allows or requires; rules. (1) The
Department of Transportation may authorize
the movement on highways under its jurisdic-
tion of vehicles or combinations of vehicles of
a size or weight in excess of the limits under
256RULIIHGHUDOODZ
permits various states to establish size and
weight limits in excess of those under ORS
RU7KHGHSDUWPHQW
shall exercise the authority granted under this
VXEVHFWLRQVXEMHFWWRDOORIWKHIROORZLQJ OLPLWVHVWDEOLVKHGXQGHU256
(a) The department shall only establish
weight and size limits under this subsection
within the limits necessary to qualify for fed-
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(b) The department shall exercise the
authority either by adoption of a rule or res-
ROXWLRQXQGHU256RUE\LVVXDQFHRI
(b) The road authority shall exercise the
authority either by adoption of a rule, res-
ROXWLRQRURUGLQDQFHXQGHU256RU
by issuance of variance permits under ORS

(4) Penalties are provided under ORS
DQGIRUYLRODWLRQRIOLPLWV
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†F†F†@
810.060 Increase in weight or size if
highway found capable of supporting
increase; rules. A road authority shall adopt
a rule, resolution or ordinance to allow vehi-
cles or combinations of vehicles with a loaded
weight in excess of the weight limitations
HVWDEOLVKHGE\7DEOH,,,XQGHU256
or a length or width in excess of that authorized
XQGHU256DQGWREHRSHUDWHG
over any highway of the road authority if the
road authority determines that the highway
is capable of carrying greater weight, length
RUZLGWK7KHDXWKRULW\JUDQWHGXQGHUWKLV
VHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ
(1) The authority may only be exercised by
UXOHUHVROXWLRQRURUGLQDQFH
(2) The authority does not allow any road
authority to authorize any vehicle to be oper-
ated over any highway if the vehicle has a
height in excess of that allowed under ORS
DQG
(3) The provisions of any rule, resolution or
ordinance adopted under this section may be
DPHQGHGUHVFLQGHGRUUHSHDOHGDWDQ\WLPH
(4) The provisions of any rule, resolution
or ordinance adopted under this section are
subject to the maximum size, weight and width
(5) A rule, resolution or ordinance adopted
XQGHU WKLV VHFWLRQ VKDOO À[ WKH PD[LPXP
loaded weight, length, width and types and
classes of vehicles or combinations of vehicles
that may be operated on the highway or high-
ways or sections of highways described in the
UXOHUHVROXWLRQRURUGLQDQFH
YDULDQFHSHUPLWVXQGHU256:KHQ
the department exercises the authority under
this paragraph, the weight limits or size limits
HVWDEOLVKHGXQGHUWKLVVXEVHFWLRQVKDOODSSO\
(2) The department may by rule prohibit the
movement on highways under its jurisdiction of
vehicles or combinations of vehicles of a size or
weight otherwise authorized by statute if the
prohibition is necessary in order to qualify for
IHGHUDODLGKLJKZD\IXQGV
(3) Road authorities other than the depart-
ment may increase or decrease size and weight
limits on their own highways if the depart-
ment exercises the authority granted under
WKLVVHFWLRQ7KHH[HUFLVHRIDXWKRULW\XQGHU
WKLVVXEVHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ lution or ordinance for vehicles or combinations
(a) A road authority may not exercise the
authority to establish a size or weight limit
that exceeds the maximum authorized by the
department or to prohibit vehicles or combina-
tions of vehicles that are not prohibited by the
 $GXSOLFDWHRULJLQDORIDUXOHRUUHVROXWLRQ
adopted by the Department of Transportation
under this section and an amendment to or
repeal of a rule or resolution by the depart-
PHQWVKDOOEHÀOHGZLWKWKH6HFUHWDU\RI6WDWH
This subsection does not require an ordinance
adopted by a city or county under this section
WREHÀOHGZLWKWKH6HFUHWDU\RI6WDWH
(7) After the effective date of a rule, resolu-
tion or ordinance adopted under this section,
DYDULDQFHSHUPLWXQGHU256LVQRW
required for the operation upon the described
highway of a vehicle or combination of vehicles
that is not in excess of the maximum loaded
ZHLJKWOHQJWKRUZLGWKÀ[HGE\WKHUXOHUHVR-
RIYHKLFOHVRIWKDWW\SHRUFODVV
(8) Penalties are provided under ORS
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Title 59 Page 194 (2015 Edition)

 (1)25&(0(172)),&,$/6  

810.070 Use of golf carts on highways; 810.090 Bicycle racing. Bicycle racing is
rules. A road authority, on any of its own permitted on any highway in this state upon
highways that are located adjacent to a golf the approval of, and under conditions imposed
course, may permit the operation of golf carts by, the road authority for the highway on which
between the golf course and the place where WKHUDFHLVKHOG>F†@
golf carts are parked or stored or located within  5HVWULFWLRQRIDQLPDOWUDIÀFWR
RUERXQGHGE\DUHDOHVWDWHGHYHORSPHQW$OO bridle paths. (DFKLQFRUSRUDWHGFRPPXQLW\
of the following apply to the authority granted within this state has power, by law or ordi-
XQGHUWKLVVHFWLRQ nance duly enacted, to regulate the use of its
 ([HUFLVHRIWKHDXWKRULW\JUDQWHGXQGHU
WKLVVHFWLRQPXVWEHE\PHDQVRIDQRUGLQDQFH
(2) The authority granted under this sec-
tion may only be exercised where the combined
operation of golf carts and regular vehicle traf-
streets by horses and other animals to the
extent that bridle paths may be designated
upon certain streets and the animals may be
SURKLELWHGRQRWKHUVWUHHWV>F†@
810.110 Designation of through high-
ÀFFDQEHDFFRPSOLVKHGVDIHO\
(3) A road authority shall prescribe rules and
shall regulate the combined operation of golf
carts and vehicles when permitted under this
VHFWLRQ7KHUXOHVPD\HVWDEOLVKVSHHGOLPLWV
and other operating standards but shall not
require that golf carts conform with the vehicle
HTXLSPHQWODZVXQGHUWKHYHKLFOHFRGH
(4) A designation of combined operation
under this section or rules instituted under
this section are effective when appropriate
signs giving notice thereof are posted along the
affected highway and are not effective before
VXFKSRVWLQJ
ways and stop intersections. (DFKURDG
authority may do any of the following on its
RZQKLJKZD\V
(a) Designate a main traveled or through
KLJKZD\E\SODFLQJWUDIÀFFRQWUROGHYLFHVDW
the entrances to the highway from intersecting
highways to notify drivers to stop or yield the
right of way before entering or crossing the
GHVLJQDWHGKLJKZD\
(b) Designate intersections or other road-
ZD\MXQFWLRQVDWZKLFKYHKLFOHWUDIÀFRQRQH
or more of the highways should yield or stop
EHIRUHHQWHULQJWKHLQWHUVHFWLRQRUMXQFWLRQ
(2) The Oregon Transportation Commission
  ,I D GHVLJQDWLRQ LV PDGH XQGHU WKLV shall act as road authority under this section
section to permit combined operation, the LQOLHXRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
golf carts operated in accordance with the >F†@
designation and rules adopted by the road 810.120 Designation of no passing
DXWKRULW\TXDOLÀHVIRUWKHH[HPSWLRQVXQGHU zones. (DFKURDGDXWKRULW\PD\GRWKH
256 IROORZLQJRQLWVRZQKLJKZD\V
 7KLVVHFWLRQRQO\DSSOLHVWRUHDOHVWDWH (a) Determine where overtaking or passing
developments that have single or multiple or driving to the left of the center of the road-
family residences whose owners or occupants way would be especially hazardous; and
are eligible for membership in or the use of one
or more golf courses within the development
by virtue of ownership or occupancy of a resi-
GHQWLDOGZHOOLQJXQLWLQWKHGHYHORSPHQW
(7) This section neither grants authority to
nor limits the authority of the Department of
7UDQVSRUWDWLRQ>F†F
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  3HGHVWULDQ WUDIÀF (1) Road
authorities may regulate the movement of
pedestrians upon highways within their juris-
GLFWLRQVE\GRLQJDQ\RIWKHIROORZLQJ a yellow unbroken line on the pavement of the
 E(VWDEOLVK]RQHVRQWKHURDGZD\ZKHUH
overtaking or passing or driving to the left
of the center of the roadway are prohibited
EHFDXVHVXFKZRXOGEHHVSHFLDOO\KD]DUGRXV
(2) To establish a zone under this section, a
URDGDXWKRULW\PXVWGRDOORIWKHIROORZLQJ
(a) Determine that a need for a zone exists
in accordance with standards and procedures
DGRSWHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(b) Mark the zone by appropriate signs or by
 D(VWDEOLVKLQJPDUNHGFURVVZDONVDQG
GHVLJQDWLQJWKHPE\DSSURSULDWHPDUNLQJ
(b) Closing a marked or unmarked crosswalk
and prohibiting pedestrians from crossing a
roadway where a crosswalk has been closed by
placing and maintaining signs giving notice of
FORVXUH
(c) Prohibiting pedestrians from crossing
a highway at any place other than within a
PDUNHGRUXQPDUNHGFURVVZDON
(2) This section neither grants authority to
nor limits the authority of the Department of
7UDQVSRUWDWLRQ>F†@
Title 59 Page 195
right-hand side of and adjacent to the center
line or a lane line of the roadway to indicate
WKHEHJLQQLQJDQGHQGRIWKH]RQH
(3) Penalties are provided under ORS
IRUSDVVLQJLQDQRSDVVLQJ]RQHGHV-
LJQDWHGXQGHUWKLVVHFWLRQ>F†@
810.130 One-way highways; safety
zones; turns. The Oregon Transportation
Commission shall act as road authority under
this section in lieu of the Department of Trans-
SRUWDWLRQ(DFKURDGDXWKRULW\PD\GRDQ\RI
the following on its own highways, subject to
DQ\OLPLWDWLRQVGHVFULEHG
(1) Designate a highway or section or spe-
FLÀFODQHRQDKLJKZD\ZKHUHYHKLFOHWUDIÀF
must proceed in one direction at all times or
(2015 Edition)
 OREGON VEHICLE CODE
DWWLPHVLQGLFDWHGE\WUDIÀFFRQWUROGHYLFHV$
designation under this subsection shall become
HIIHFWLYHZKHQDSSURSULDWHVLJQVDUHSRVWHG
The authority granted by this subsection is
VXEMHFWWRWKHIROORZLQJOLPLWDWLRQV guidelines. (1) Street drains, sewer drains,
(a) A local authority shall not designate any
highway within its boundaries as a one-way
highway if the highway is under the juris-
diction of the commission unless the local
DXWKRULW\ÀUVWREWDLQVWKHZULWWHQFRQVHQWRI
WKHFRPPLVVLRQ
(b) A city shall not designate any highway
within its boundaries as a one-way highway
if the highway is under the jurisdiction of a
FRXQW\XQOHVVWKHFLW\ÀUVWREWDLQVWKHZULWWHQ
FRQVHQWRIWKHFRXQW\
(2) Designate places on highways as safety
]RQHVDQGUHJXODWHDQGFRQWUROWUDIÀFZLWK
UHVSHFW WR WKH VDIHW\ ]RQHV $ GHVLJQDWLRQ
under this subsection shall become effective
ZKHQDSSURSULDWHVLJQVDUHSRVWHG
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810.150 Drain construction; compli-
ance with bicycle safety requirements;
storm drains and other similar openings in a
URDGEHGRYHUZKLFKWUDIÀFPXVWSDVVWKDWDUH
in any portion of a public way, highway, road,
street, footpath or bicycle trail that is avail-
DEOHIRUXVHE\ELF\FOHWUDIÀFVKDOOEHGHVLJQHG
DQGLQVWDOOHGLQFOXGLQJDQ\PRGLÀFDWLRQRI
existing drains, with grates or covers so that
ELF\FOHWUDIÀFPD\SDVVRYHUWKHGUDLQVVDIHO\
DQGZLWKRXWREVWUXFWLRQRULQWHUIHUHQFH
(2) The Department of Transportation shall
adopt construction guidelines for the design of
SXEOLFZD\VLQDFFRUGDQFHZLWKWKLVVHFWLRQ
Limitations on the applicability of the guide-
OLQHVDUHHVWDEOLVKHGXQGHU256>
F†@
(Parking)
 :KHUHWUDIÀFFRQGLWLRQVZDUUDQWSUR-
hibit right or left turns at intersections or
prohibit U-turns by all vehicles or by certain
W\SHVRIYHKLFOHV
(4) Require and direct that a different
FRXUVHWKDQWKDWVSHFLÀHGXQGHU256
DQGEHWUDYHOHGE\YHKLFOHVDW
RUSURFHHGLQJWKURXJKLQWHUVHFWLRQV$UHTXLUH-
ment under this subsection is effective when
DSSURSULDWHWUDIÀFFRQWUROGHYLFHVDUHSODFHG
ZLWKLQRUDGMDFHQWWRWKHLQWHUVHFWLRQV
(5) Designate locations on highways where
vehicles operated by districts described under
256FKDSWHUIRUWKHSXUSRVHRISURYLGLQJ
public transportation or substantially similar
vehicles used for the same purpose may pro-
FHHGLQGLUHFWLRQVSURKLELWHGWRRWKHUWUDIÀF
Locations may be designated under this sub-
section only if an engineering study indicates
that the movement may be made safely in the
GHVLJQDWHG DUHD 'HVLJQDWLRQV XQGHU WKLV
subsection shall be effective when indicated
E\DSSURSULDWHRIÀFLDOWUDIÀFFRQWUROGHYLFHV
>F†F†@
810.140 Designation of exclusive use
lanes. (1) Any road authority may designate
lanes on its own highways that are to be used
exclusively by buses or high occupancy-use pas-
senger vehicles for the purpose of conserving
HQHUJ\DQGIDFLOLWDWLQJSXEOLFWUDQVSRUWDWLRQ
(2) Any restriction or limitation imposed
under this section must be imposed by proper
RUGHU7KHUHVWULFWLRQRUOLPLWDWLRQLVHIIHFWLYH
when appropriate signs giving notice of the
UHVWULFWLRQRUOLPLWDWLRQDUHHUHFWHG$VLJQ
giving notice of a restriction or limitation shall
be maintained in a conspicuous manner and
shall be placed at each end of the highway or
section of highway affected by the restriction
or limitation and at such other places as nec-
HVVDU\WRLQIRUPWKHSXEOLF
(3) Penalties are provided under ORS
IRUIDLOXUHWRREH\VLJQVJLYLQJQRWLFH
of any limitations or restrictions imposed
Title 59 3DJH
810.160 Controlling parking on high-
ways; limitations. ([FHSW DV RWKHUZLVH
provided in this section, each road authority
has exclusive authority to regulate, control or
prohibit the stopping, standing and parking of
YHKLFOHVXSRQLWVRZQKLJKZD\V7KH2UHJRQ
Transportation Commission shall act as road
authority under this section in lieu of the
'HSDUWPHQWRI7UDQVSRUWDWLRQ7KHDXWKRULW\
granted in this section is subject to all of the
IROORZLQJ
(1) The commission has exclusive authority
to regulate, control or prohibit the stopping,
VWDQGLQJDQGSDUNLQJRQDOOVWDWHKLJKZD\V
(a) Within the corporate limits of a city
except where the highway is routed over a city
VWUHHWXQGHU256
(b) Within the corporate limits of any city
if access to or from the section of highway and
real property abutting thereon was restricted,
controlled or prohibited by the commission
before the section of highway was included
ZLWKLQWKHFRUSRUDWHOLPLWVRIWKHFLW\
(2) Road authorities other than the commis-
sion may permit angle parking on any highway
where parking is subject to their jurisdiction
XQGHUWKLVVHFWLRQ)RUFLWLHVWKLVVXEVHFWLRQ
includes authority to permit angle parking on
any city street selected and designated as the
URXWHRIDVWDWHKLJKZD\XQGHU256
and, subject to the authority of the commis-
sion under this section, any state highway
ZLWKLQWKHFRUSRUDWHOLPLWVRIWKHFLW\7KLV
subsection does not allow any road authority
to permit angle parking on a state highway if
the commission determines that the highway is
QRWRIVXIÀFLHQWZLGWKWRSHUPLWDQJOHSDUNLQJ
without interfering with the free movement of
WUDIÀF
(3) All regulations, restrictions or prohibi-
tions imposed by the commission under this
section shall be by resolution or order entered
LQWKHFRPPLVVLRQ·VRIÀFLDOUHFRUGV
(2015 Edition)
 (1)25&(0(172)),&,$/6  

(4) Regulations, restrictions or prohibitions (Speeds)

imposed by the commission under this section
shall become effective and have the force of law 810.180 Designation of maximum
when signs or markings giving notice thereof speeds; rules. $VXVHGLQWKLVVHFWLRQ
KDYHEHHQSODFHG7RFRPSO\ZLWKWKLVVXEVHF-
tion, the commission shall place and maintain
appropriate signs or markings at such places
as may be necessary to inform the public and
to give notice of all regulations, restrictions or
prohibitions the commission establishes under
 D´'HVLJQDWHGVSHHGµPHDQVWKHVSHHGWKDW
is designated by a road authority as the maxi-
mum permissible speed for a highway and that
may be different from the statutory speed for
WKHKLJKZD\
WKLVVHFWLRQ
(5) Penalties are provided under ORS
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VWDWHKLJKZD\VXQGHUWKLVVHFWLRQ>F
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810.170 Winter recreation parking loca-
tions; plowing; priorities; enforcement.
(1) The Oregon Transportation Commission
shall designate winter recreation parking
locations throughout this state where parking
 E´6WDWXWRU\VSHHGµPHDQVWKHVSHHGWKDW
is established as a speed limit under ORS
RULVHVWDEOLVKHGDVWKHVSHHGWKH
exceeding of which is prima facie evidence of
violation of the basic speed rule under ORS

(2)(a) A designated speed established under
this section is a speed limit if the highway for
which the speed is designated is subject to a
VWDWXWRU\VSHHGOLPLWXQGHU256WKDW
is in addition to the speed limit established
LVSURKLELWHGXQGHU256H[FHSWIRU
vehicles exempted under that section and vehi-
cles with winter recreation parking permits
LVVXHGXQGHU2567KHFRPPLVVLRQ
may identify access roads to winter recreation
facilities, roadside plow-outs and other areas as
winter recreation parking locations under this
XQGHU256E
(b) A speed greater than a designated speed
established under this section is prima facie
evidence of violation of the basic speed rule if
the designated speed is established for a high-
way on which there is no speed limit other than
VHFWLRQ7KHFRPPLVVLRQVKDOOGHVLJQDWHZLQWHU
recreation parking locations under this section
after consultation with the Winter Recreation
Advisory Committee established under ORS
DQGZLWKODQGPDQDJHPHQWDJHQFLHV
WKHOLPLWHVWDEOLVKHGXQGHU256E
(3) The Department of Transportation
may establish by rule designated speeds on
DQ\VSHFLÀHGVHFWLRQRILQWHUVWDWHKLJKZD\LI
the department determines that speed limits
PDQDJLQJDGMDFHQWODQG
(2) The commission shall establish priori-
ties for plowing the winter recreation parking
ORFDWLRQVHVWDEOLVKHGXQGHUWKLVVHFWLRQ7KH
commission shall establish priorities under
this section after consultation with the Winter
Recreation Advisory Committee established
XQGHU 256  7KH 'HSDUWPHQW RI
Transportation shall provide for the removal of
HVWDEOLVKHGXQGHU256DUHJUHDWHU
or less than is reasonable or safe under the con-
ditions that exist with respect to that section
RIWKHLQWHUVWDWHKLJKZD\'HVLJQDWHGVSHHGV
established under this subsection are subject
WRDOORIWKHIROORZLQJ
(a) The department may not establish a des-
ignated speed under this subsection of more
WKDQ
snow accumulating on winter recreation park-  $6L[W\ÀYHPLOHVSHUKRXUIRUYHKLFOHV
ing locations established under this section GHVFULEHGLQ256EDQG
according to the priorities established by the
FRPPLVVLRQXQGHUWKLVVHFWLRQ6QRZUHPRYDO (B) Seventy miles per hour for all other
provided for under this subsection may be per- YHKLFOHV
IRUPHGE\DQ\RIWKHIROORZLQJ  E,IWKHGHSDUWPHQWHVWDEOLVKHVGHVLJQDWHG
 D%\WKHGHSDUWPHQWLWVHOI speeds under this subsection that are greater
WKDQPLOHVSHUKRXUWKHGHVLJQDWHGVSHHG
(b) By persons with whom the department
FRQWUDFWV,IWKHGHSDUWPHQWFRQWUDFWVZLWK
persons for the removal of snow under this
paragraph payments under the contracts shall
be made from funds designated for that pur-
SRVHXQGHU256
(3) The commission may enter into
agreements with county or municipal law
HQIRUFHPHQWDJHQFLHVRULQGLYLGXDOSROLFHRIÀ-
FHUVIRUWKHHQIRUFHPHQWRI2567KH
commission shall only enter into agreements
under this subsection after consultation with
the Winter Recreation Advisory Committee
HVWDEOLVKHGXQGHU256>F
†@
Title 59 Page 197
IRUYHKLFOHVGHVFULEHGLQ256E
PXVWEHDWOHDVWÀYHPLOHVSHUKRXUORZHUWKDQ
the designated speed for all other vehicles on
WKHVSHFLÀHGVHFWLRQRILQWHUVWDWHKLJKZD\
(c) The department may establish a desig-
nated speed under this subsection only if an
HQJLQHHULQJDQGWUDIÀFLQYHVWLJDWLRQLQGLFDWHV
that the statutory speed for the interstate high-
way is greater or less than is reasonable or safe
XQGHUFRQGLWLRQVWKHGHSDUWPHQWÀQGVWRH[LVW
(d) A designated speed established under
this subsection is effective when appropriate
signs giving notice of the designated speed are
posted on the section of interstate highway
ZKHUHWKHGHVLJQDWHGVSHHGLVLPSRVHG
(4)(a) The department may establish,
pursuant to a process established by rule, a
designated speed on a state highway outside
(2015 Edition)
 OREGON VEHICLE CODE

RIDFLW\7KHDXWKRULW\JUDQWHGXQGHUWKLV under this subsection with respect to highways

subsection includes, but is not limited to, the
authority to establish different designated
speeds for different kinds or classes of vehicles
as the department determines reasonable and
VDIH$GHVLJQDWHGVSHHGHVWDEOLVKHGXQGHUWKLV
subsection for any kind or class of vehicles may
that are low volume or unpaved to a city or
FRXQW\ZLWKMXULVGLFWLRQRYHUWKHKLJKZD\7KH
department shall delegate authority under this
paragraph only if it determines that the city or
county will exercise the authority according to
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not exceed the speed limit for the highway for  7KHGHSDUWPHQWPD\RYHUULGHWKHVSHHG
that kind or class of vehicles as established in limit established for ocean shores under ORS
256RULIWKHUHLVQRVSHHGOLPLWIRU FDQGHVWDEOLVKDGHVLJQDWHGVSHHG
the highway other than the limit established RIOHVVWKDQPLOHVSHUKRXURQDQ\VSHFLÀHG
LQ256EPD\QRWH[FHHGPLOHV section of ocean shore if the department deter-
SHUKRXU mines that the speed limit established under
(b) The department may establish a des-
ignated speed under this subsection only if
DQHQJLQHHULQJDQGWUDIÀFLQYHVWLJDWLRQLQGL-
cates that the statutory speed for the highway
is greater or less than is reasonable or safe
XQGHUFRQGLWLRQVWKHGHSDUWPHQWÀQGVWRH[LVW
(c) A designated speed established under
this subsection is effective when appropriate
signs giving notice of the designated speed are
posted on the portion of highway where the
GHVLJQDWHGVSHHGLVLPSRVHG
(5) After a written request is received from
a road authority for a highway other than a
highway described in subsection (3) or (4) of
this section, the department, pursuant to a
process established by rule, may establish a
GHVLJQDWHGVSHHGIRUWKHKLJKZD\7KHDXWKRU-
ity granted under this subsection includes,
but is not limited to, the authority to estab-
lish different designated speeds for different
kinds or classes of vehicles as the department
GHWHUPLQHVUHDVRQDEOHDQGVDIH7KHDXWKRULW\
granted under this subsection is subject to all
RIWKHIROORZLQJ speed for highways in its jurisdiction that is
(a) The written request from the road
authority must state a recommended desig-
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(b) The department may establish a des-
ignated speed under this subsection only if
DQHQJLQHHULQJDQGWUDIÀFLQYHVWLJDWLRQLQGL-
cates that the statutory speed for the highway
is greater or less than is reasonable or safe
XQGHUFRQGLWLRQVWKHGHSDUWPHQWÀQGVWRH[LVW
256FLVJUHDWHUWKDQLVUHDVRQ-
able or safe under the conditions that exist
ZLWKUHVSHFWWRWKDWSDUWRIWKHRFHDQVKRUH
The authority granted under this subsection
LVVXEMHFWWRDOORIWKHIROORZLQJ
(a) The department may make the determi-
nation required under this subsection only on
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(b) A designated speed established under
this subsection is effective when posted upon
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tion of ocean shore where the designated speed
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(7) A road authority may adopt a designated
speed to regulate the speed of vehicles in parks
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road authority regulating the speed of vehicles
under this subsection shall post and maintain
signs at all park entrances to give notice of any
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(8) A road authority may establish by
ordinance or order a temporary designated
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designated speed may be established under
this subsection if, in the judgment of the road
authority, the temporary designated speed is
necessary to protect any portion of the highway
from being unduly damaged, or to protect the
safety of the public and workers when tem-
porary conditions such as construction or
PDLQWHQDQFHDFWLYLWLHVFRQVWLWXWHDGDQJHU
The following apply to the authority granted
 F7KHGHSDUWPHQWPD\QRWPDNHDÀQDO XQGHUWKLVVXEVHFWLRQ
decision to establish a designated speed under (a) Statutory speeds may be overridden by
this subsection without providing the affected DWHPSRUDU\GHVLJQDWHGVSHHGRQO\
road authorities with notice and opportunity  $)RUDVSHFLÀFSHULRGRIWLPHIRUDOOYHKL-
IRUDKHDULQJ cles; or
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tion to a designated speed that is proposed by
the department under this subsection and that
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(e) A designated speed established under
this subsection is effective when appropriate
signs giving notice of the designated speed are
posted on the portion of the highway where the
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 %)RUDVSHFLÀHGSHULRGRIWLPHIRUDVSH-
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(b) This subsection may not be used to estab-
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(c) The authority granted by this subsection
may be exercised only if the ordinance or order
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erecting any sign under this subsection shall  $6SHFLÀHVWKHKD]DUGGDPDJHRURWKHU
be borne by the road authority having juris- condition requiring the temporary designated
diction over the portion of the highway where speed; and
WKHGHVLJQDWHGVSHHGLVLPSRVHG
 %,VHIIHFWLYHRQO\IRUDVSHFLÀHGWLPHWKDW
(f) The department, pursuant to a process corresponds to the hazard, damage or other
established by rule, may delegate its authority FRQGLWLRQVSHFLÀHG

Title 59 Page 198 (2015 Edition)

 (1)25&(0(172)),&,$/6  

(d) A temporary designated speed imposed
under this subsection must be imposed by
DSURSHUZULWWHQRUGLQDQFHRURUGHU$VLJQ
giving notice of the temporary designated
speed must be posted at each end of the portion
of highway where the temporary designated
speed is imposed and at such other places on
the highway as may be necessary to inform
WKHSXEOLF7KHWHPSRUDU\GHVLJQDWHGVSHHG
shall be effective when signs giving notice of
WKHWHPSRUDU\GHVLJQDWHGVSHHGDUHSRVWHG
(9) A road authority may establish an
emergency speed on any highway under the
jurisdiction of the road authority that is dif-
IHUHQWIURPWKHH[LVWLQJVSHHGRQWKHKLJKZD\
The authority granted under this subsection
LVVXEMHFWWRDOORIWKHIROORZLQJ ZD\VZLWKLQWKHERXQGDULHVRIWKLVVWDWH
(a) A speed established under this subsec-
tion is effective when appropriate signs giving
notice thereof are posted upon the highway
or portion of highway where the emergency
VSHHGLVLPSRVHG$OOVLJQVSRVWHGXQGHUWKLV
VXEVHFWLRQPXVWFRPSO\ZLWK256
(b) The expense of posting any sign under
this subsection shall be borne by the road
authority having jurisdiction over the highway
or portion of highway where the emergency
VSHHGLVLPSRVHG
(c) A speed established under this subsection
PD\EHHIIHFWLYHIRUQRWPRUHWKDQGD\V
7UDIÀF&RQWURO'HYLFHV
 8QLIRUPVWDQGDUGVIRUWUDIÀF
control devices; uniform system of mark-
ing and signing highways. (1) The Oregon
Transportation Commission may exercise the
following authority with respect to the mark-
LQJVLJQLQJDQGXVHRIWUDIÀFFRQWUROGHYLFHV
LQWKLVVWDWH
(a) The commission shall adopt a manual
DQGVSHFLÀFDWLRQVRIXQLIRUPVWDQGDUGVIRU
WUDIÀFFRQWUROGHYLFHVFRQVLVWHQWZLWKWKHSURYL-
sions of the vehicle code for use upon highways
LQWKLVVWDWH
(b) The commission is authorized to provide
a uniform system of marking and signing high-
(c) The commission is authorized to deter-
PLQHWKHFKDUDFWHURUW\SHRIWUDIÀFFRQWURO
GHYLFHVWREHXVHGLQWKLVVWDWH
(2) The authority granted under this section
LVVXEMHFWWRDOORIWKHIROORZLQJ
(a) The system of marking and signing estab-
lished under this section shall correlate with
and, as far as possible, conform to the system
DGRSWHGLQRWKHUVWDWHV7KHFRPPLVVLRQPD\
include in the system signs and signals that
show internationally recognized and approved
V\PEROV
 E6RIDUDVSUDFWLFDEOHDOOWUDIÀFFRQWURO
(10) A road authority may establish by ordi- devices in this state shall be uniform as to type
nance a designated speed for a highway under DQGORFDWLRQ
WKHMXULVGLFWLRQRIWKHURDGDXWKRULW\WKDWLVÀYH
PLOHVSHUKRXUORZHUWKDQWKHVWDWXWRU\VSHHG  F $OO WUDIÀF FRQWURO GHYLFHV SODFHG RU
The following apply to the authority granted operated in this state shall conform to speci-
XQGHUWKLVVXEVHFWLRQ ÀFDWLRQVDSSURYHGE\WKHFRPPLVVLRQ
(a) The highway is located in a residence (d) Stop signs and yield signs shall be illumi-
GLVWULFW nated at night or so placed as to be illuminated
by the headlights of approaching vehicles or by
(b) The statutory speed may be overridden VWUHHWOLJKWV>F†F†
E\DGHVLJQDWHGVSHHGRQO\LI F†@
(A) The road authority determines that the  3ODFHPHQWDQGFRQWURORIWUDIÀF
highway has an average volume of fewer than control devices. (1) The Oregon Transpor-
2,000 motor vehicles per day, more than 85 tation Commission is vested with exclusive
percent of which are traveling less than 30 jurisdiction over the installation at rail-
miles per hour; and road-highway grade crossings of signs, signals,
 %7KHUHLVDWUDIÀFFRQWUROGHYLFHRQWKH
highway that indicates the presence of pedes-
WULDQVRUELF\FOLVWV
(c) The road authority shall post a sign
giving notice of the designated speed at each
end of the portion of highway where the desig-
gates, protective devices or any other device to
warn or protect the public at a railroad-high-
ZD\ FURVVLQJ 7KH FRPPLVVLRQ LV JUDQWHG
exclusive authority under this subsection to
determine the character or type of device to
EHXVHG
nated speed is imposed and at such other places
on the highway as may be necessary to inform
WKHSXEOLF7KHGHVLJQDWHGVSHHGVKDOOEHHIIHF-
tive when signs giving notice of the designated
VSHHGDUHSRVWHG>F†F
†F†F†F
†F†F†F
†F†F†F
†F†F†@
810.190>F†F†
UHSHDOHGE\F†@
 (DFKURDGDXWKRULW\VKDOOSODFHPDLQWDLQ
DQGFRQWUROWUDIÀFFRQWUROGHYLFHVXVHGXSRQLWV
own highway as the road authority considers
necessary for the safe and expeditious control
RIWUDIÀFQHFHVVDU\WRFDUU\RXWWKHSURYLVLRQV
RIWKHYHKLFOHFRGHRUORFDOWUDIÀFRUGLQDQFHV
RUQHFHVVDU\WRUHJXODWHZDUQRUJXLGHWUDIÀF
The commission shall act as road authority
under this section in lieu of the Department of
7UDQVSRUWDWLRQ7KHDXWKRULW\JUDQWHGXQGHU
WKLVVXEVHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ
 D$OOWUDIÀFFRQWUROGHYLFHVHUHFWHGDQG
used under this subsection shall conform to
WKHVWDWHPDQXDODQGVSHFLÀFDWLRQVHVWDEOLVKHG
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Title 59 Page 199 (2015 Edition)

 OREGON VEHICLE CODE
(b) The commission has general supervision
with respect to the placing, construction and
RSHUDWLRQRIWUDIÀFFRQWUROGHYLFHVXQGHUWKLV
subsection for the purpose of obtaining, so far
as practicable, uniformity as to type and loca-
WLRQRIWUDIÀFFRQWUROGHYLFHVWKURXJKRXWWKH
VWDWH
(c) Only the commission has authority
over a state highway whether or not the state
highway is within the jurisdiction of another
URDGDXWKRULW\1RWUDIÀFFRQWUROGHYLFHVKDOO
be erected, maintained or operated upon any
state highway under this subsection by any
authority other than the commission, except
ZLWKWKHZULWWHQDSSURYDORIWKHFRPPLVVLRQ
(d) When the governing body of a city makes
a determination that placement or construction
RIDWUDIÀFFRQWUROGHYLFHRQDKLJKZD\ZLWKLQ
the city selected as a state highway under ORS
LVQHFHVVDU\WRFDUU\RXWWKHSURYLVLRQV
of the vehicle code or to regulate, warn or guide
WUDIÀFWKHFLW\JRYHUQLQJERG\VKDOOVXEPLW
internationally recognized and approved sym-
EROV>F†F†@
 ([HPSWLRQIURPWUDIÀFFRQWURO
GHYLFHVSHFLÀFDWLRQV2IÀFLDOWUDIÀFFRQWURO
devices placed or constructed by road author-
ities before June 27, 1975, are not required to
FRQIRUPWRVSHFLÀFDWLRQVDQGORFDWLRQFULWH-
ria approved by the Oregon Transportation
&RPPLVVLRQ$Q\QHZRUDPHQGHGVSHFLÀFD-
tions approved by the commission under ORS
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RUFRQVWUXFWLRQRIWUDIÀFFRQWUROGHYLFHVGRQRW
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However within a reasonable period after June
WUDIÀFFRQWUROGHYLFHVVKDOOEHDOWHUHG
or relocated to comply with the manual and
VSHFLÀFDWLRQVXQGHU256>F
†@
810.230 Unlawful sign display; excep-
tions; penalty. (1) A person commits the
offense of unlawful sign display if the person
GRHVDQ\RIWKHIROORZLQJ
ZULWWHQÀQGLQJVDQGUHFRPPHQGDWLRQVWRWKH
Director of Transportation in support of plac-
LQJRUFRQVWUXFWLQJWKHWUDIÀFFRQWUROGHYLFHRQ
WKHVWDWHKLJKZD\,IWKHGLUHFWRUDSSURYHVWKH
ÀQGLQJVDQGUHFRPPHQGDWLRQVWKHGLUHFWRU
shall notify the city governing body in writing
DQGSURFHHGWRSODFHRUFRQVWUXFWWKHWUDIÀF
FRQWUROGHYLFHLQDFFRUGDQFHZLWKWKHÀQGLQJV
DQGUHFRPPHQGDWLRQV,IWKHGLUHFWRUGRHVQRW
notify the governing body of disapproval within
GD\VDIWHUUHFHLSWRIWKHÀQGLQJVDQGUHFRP-
PHQGDWLRQVWKHÀQGLQJVDQGUHFRPPHQGDWLRQV
shall be considered approved and the director
VKDOOSURFHHGWRSODFHRUFRQVWUXFWWKHWUDIÀF
FRQWUROGHYLFHLQDFFRUGDQFHZLWKWKHÀQGLQJV
DQGUHFRPPHQGDWLRQV
(e) The commission is authorized to classify,
designate and mark both interstate and intra-
state highways within the boundaries of this
VWDWH>F†F†
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810.212 Requirements for certain speed
limit signs. Any sign that is posted on a high-
 D:LWKRXWDXWKRULW\XQGHU256
RUSODFHVPDLQWDLQVRUGLVSOD\VXSRQ
or in view of any highway any sign, signal,
PDUNLQJRUGHYLFHWKDW
(A) Purports to be or is an imitation or
UHVHPEOHVDQRIÀFLDOWUDIÀFFRQWUROGHYLFHRU
railroad sign or signal;
(B) Attempts to direct the movement of
animal, pedestrian, vehicle or any other traf-
ÀFRU
(C) Hides from view or interferes with the
HIIHFWLYHQHVVRIDWUDIÀFFRQWUROGHYLFHRUUDLO-
URDGVLJQRUVLJQDO
(b) Places or maintains upon any highway
DQ\WUDIÀFVLJQRUVLJQDOEHDULQJWKHUHRQDQ\
FRPPHUFLDODGYHUWLVLQJGHYLFH
(2) This section does not prohibit the placing
and maintaining of signs, markers or signals
bearing thereon the name of an organization
authorized to place the same by the appropriate
SXEOLFDXWKRULW\
way in this state that expresses a speed limit in
kilometers per hour shall also show the speed
OLPLWLQPLOHVSHUKRXU7KHOLPLWLQPLOHV
per hour shall be printed above the limit in
kilometers per hour and shall be of equal size
OHWWHULQJ>F†@
 6LJQVSURKLELWLQJXQPXIÁHG
engine brakes. (1) The Oregon Trans-
portation Commission shall adopt uniform
standards for posting signs prohibiting the
XVHRIXQPXIÁHGHQJLQHEUDNHVDVGHVFULEHG
LQ256
(2) The commission is authorized to provide
a uniform system of posting signs within the
ERXQGDULHVRIWKHVWDWH$Q\VLJQSRVWHGVKDOO
LQIRUPWKHGULYHUWKDWWKHXVHRIXQPXIÁHG
engine braking is prohibited and shall give the
GROODUDPRXQWRIWKHPD[LPXPÀQHSURYLGHG
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(3) All signs placed shall conform to
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The commission may use signs that show
Title 59 Page 200
 (YHU\SURKLELWHGVLJQVLJQDOPDUNLQJ
or device is hereby declared to be a public nui-
sance and the authority with jurisdiction over
the highway, without notice, may remove it or
FDXVHLWWREHPRYHG
(4) The offense described in this section,
XQODZIXOVLJQGLVSOD\LVD&ODVV%WUDIÀFYLR-
ODWLRQ>F†F†
F†@
810.240 Unlawful interference with
WUDIÀFFRQWUROGHYLFHRUUDLOURDGVLJQ
penalty. (1) A person commits the offense of
XQODZIXOLQWHUIHUHQFHZLWKDWUDIÀFFRQWURO
device or railroad sign if the person, without
lawful authority and with criminal negligence,
attempts to or does alter, deface, injure, knock
GRZQRUUHPRYHDQ\WUDIÀFFRQWUROGHYLFHRU
any railroad sign or signal or any inscription,
shield or insignia thereon or any other part
WKHUHRI
(2) The offense described in this section,
XQODZIXO LQWHUIHUHQFH ZLWK WUDIÀF FRQWURO
(2015 Edition)
 (1)25&(0(172)),&,$/6  

GHYLFHRUUDLOURDGVLJQLVD&ODVV$WUDIÀF 810.260 Standards for installation,

YLRODWLRQ>F†F†@ RSHUDWLRQDQGXVHRIWUDIÀFFRQWUROVLJQDO
 2SHUDWLRQRIÁDVKLQJOLJKWLQGL- operating devices; rules. (1) The Depart-
cating children in school zone. ([FHSW
as provided in subsection (2) of this section, a
ÁDVKLQJOLJKWXVHGDVDWUDIÀFFRQWUROGHYLFH
to indicate that children may be arriving at or
leaving school and operated to provide notice
XQGHU256RUPD\EHRSHUDWHG
ment of Transportation shall adopt standards
for the installation, operation and use of traf-
ÀFFRQWUROVLJQDORSHUDWLQJGHYLFHVDXWKRUL]HG
XQGHU256,QDGRSWLQJVWDQGDUGVWKH
GHSDUWPHQWVKDOOFRQVLGHUWKHLPSDFWRIWUDIÀF
FRQWUROVLJQDORSHUDWLQJGHYLFHVRQ
only at times when children are scheduled to  D6DIHW\
DUULYHDWRUOHDYHWKHVFKRRO  E7KHHIÀFLHQF\RIHPHUJHQF\UHVSRQVH
 $ÁDVKLQJOLJKWPD\EHXVHGWRSURYLGH RSHUDWLRQV
QRWLFHXQGHU256RURIWKH (c) The requirements for traffic signal
presence of a school zone and may be operated PDLQWHQDQFH
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LVLQVHVVLRQLI  G7KHHIÀFLHQF\RISXEOLFWUDQVLWRSHUDWLRQV
(a) The school has a parking lot located
across the street from the school; and
(b) That street has a speed limit, or desig-
nated speed posted by authority granted under
256RIPLOHVSHUKRXURUJUHDWHU
>)RUPHUO\F†@
810.245 Signs giving notice of conse-
TXHQFHVRIWUDIÀFRIIHQVHVFRPPLWWHGLQ
school zones. A road authority may post signs
designed to give motorists notice of the provi-
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also develop procedures that enable individuals
or entities to petition and pay for the erection
RIVLJQVGHVFULEHGLQWKLVVHFWLRQ>F
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810.247 Signs giving notice of multi-
lane roundabouts. A road authority shall
place signs prior to each multilane roundabout
located on a highway under its jurisdiction that
warns drivers of the hazard of driving next to
DFRPPHUFLDOPRWRUYHKLFOH>F†@
 8VHRIWUDIÀFFRQWUROGHYLFH
placement or legibility as evidence. (1)
A person shall not be convicted of violating
a provision of the vehicle code for which an
RIÀFLDOWUDIÀFFRQWUROGHYLFHLVUHTXLUHGLIWKH
device is not in proper position and legible to
a reasonably observant person at the time and
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(2) Whenever a particular section of the
YHKLFOHFRGHGRHVQRWVWDWHWKDWWUDIÀFFRQWURO
 H7UDIÀFÁRZ
(2) The Department of Transportation shall
adopt rules establishing priorities and preemp-
WLYHXVHDPRQJXVHUVRIWUDIÀFFRQWUROVLJQDO
RSHUDWLQJGHYLFHV7KHUXOHVVKDOOWDNHLQWR
DFFRXQW
(a) Local standards for response times to
emergencies by emergency service providers;
and
(b) The weight, operating speed and braking
distance required for vehicles operated by all
DXWKRUL]HGXVHUV>F†@
COURTS
(Security for Appearance)
810.300 Security for appearance on
WUDIÀFFULPH(1) A court, including a mag-
istrate or clerk or deputy clerk authorized by
the magistrate, shall release a person brought
before it if the person gives an adequate under-
taking to appear in answer to the offense at the
WLPHDQGSODFHÀ[HGE\WKHFRXUW$FRXUWDVLW
deems appropriate, is authorized to accept and
may require any of the following as security
for the appearance of an arrested person before
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(a) An automobile membership card as
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devices are required, the section is effective  E$JXDUDQWHHGDUUHVWERQGFHUWLÀFDWHDV
HYHQWKRXJKQRGHYLFHVDUHHUHFWHGRULQSODFH GHVFULEHGXQGHU256DQGVXEMHFWWR
 :KHQDWUDIÀFFRQWUROGHYLFHLVSODFHG OLPLWDWLRQVXQGHUWKDWVHFWLRQ
in position approximately conforming to the
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laws of this state, the device is presumed to
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direction of lawful authority unless the con-
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 F$OLFHQVHDVGHVFULEHGXQGHU256
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(d) Such sum as may be required by the
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(2) A magistrate or clerk or deputy clerk
 $WUDIÀFFRQWUROGHYLFHSODFHGXQGHUWKH
vehicle code or other laws or regulations of this
state and purporting to conform to the lawful
requirements pertaining to that device is pre-
sumed to comply with the requirements of the
vehicle code unless the contrary is established
E\FRPSHWHQWHYLGHQFH>F†@
authorized by the magistrate has authority to
accept security for the appearance of a person
DUUHVWHGIRUDWUDIÀFFULPHDQGEURXJKWEHIRUH
the magistrate or clerk or deputy clerk, as pro-
YLGHGLQWKLVVHFWLRQ7KHIROORZLQJDSSO\WR
security that is accepted by a court under this
section or that is forwarded to a court by a
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Title 59 Page 201 (2015 Edition)

 OREGON VEHICLE CODE

(a) The security shall be returned to the
person when the person delivers any security
DPRXQWUHTXLUHGE\WKHFRXUW7KHFRXUWPD\
require that any moneys deposited as security
be applied against the security amount set by
WKHFRXUW
810.330 Use of automobile membership
card as security deposit. The unexpired
membership card of any member of an auto-
mobile association is acceptable as a security
deposit for that member as provided under
WKLVVHFWLRQ7KHXVHRIDQXQH[SLUHGPHP-
 E,IWKHPDJLVWUDWHGRHVQRWKDYHMXULV-
diction of the crime, the magistrate shall
promptly forward the security accepted and
all documents in connection with the case to
the most conveniently located court having
jurisdiction of the crime and in which the venue
PD\SURSHUO\EHODLG>F†
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bership card as security deposit is subject to
WKHIROORZLQJ
(1) The membership card may only be used
DVDVHFXULW\GHSRVLW
(a) For the violation of any motor vehicle law
RIWKLVVWDWHRUWUDIÀFFULPHRIDQ\FLW\LQWKLV
state if the security amount in any individual
case does not exceed $1,000; and
810.310 Use of license as security
deposit. The current valid license of a person
that is issued by this state is acceptable, when
DXWKRUL]HGXQGHU256DVDVHFXULW\
GHSRVLWIRUDSHUVRQRQDWUDIÀFFULPH7KHXVH
of a license as security under this section is
VXEMHFWWRDOORIWKHIROORZLQJ laws of this state that has deposited with and
(1) Upon acceptance of the license as secu-
rity, the magistrate or clerk or deputy clerk
authorized by the magistrate shall issue the
 E:KHQDXWKRUL]HGXQGHU256
RU
(2) To qualify for use as a security deposit,
the membership card must be the card of an
automobile association incorporated under the
maintains with the State Treasurer the sum
of $2,000 in cash or in bonds approved by the
6WDWH7UHDVXUHU
person a court bail driver permit under ORS  ,IDSHUVRQGHSRVLWVWKDWSHUVRQ·VPHP-
 bership card as a security deposit and the
person fails or neglects to appear in court at
 ,IWKHSHUVRQDSSHDUVDWWKHWLPHÀ[HG the time and place required, the magistrate or
the person’s license shall be returned to the RWKHURIÀFHUEHIRUHZKRPWKHFDVHLVEURXJKW
person unless taken up by the court under ORS upon declaring a forfeiture of the security
 amount, shall at once notify the association
 ,IWKHSHUVRQIDLOVWRDSSHDUDWWKHWLPH of the forfeiture, and the amount thereof, by
À[HGWKHFRXUWVKDOOIRUZDUGWKHOLFHQVHWR PDLO
the Department of Transportation along with
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action on the license and notice as provided
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810.320 Use of guaranteed arrest bond
FHUWLÀFDWHDVVHFXULW\GHSRVLWThe unex-
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 7KHDVVRFLDWLRQZLWKLQÀYHGD\VDIWHU
the receipt of notice, under subsection (2) of
this section, shall remit the amount of the
security amount so forfeited to the magis-
WUDWHRURWKHURIÀFHU,IWKHDVVRFLDWLRQIDLOV
or refuses to remit the security amount within
WKDWSHULRGWKHPDJLVWUDWHRURWKHURIÀFHU
having the matter in charge or the district
attorney shall notify the State Treasurer, who
VKDOO
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automobile club or automobile association
is acceptable, when authorized under ORS
RUDVDVHFXULW\
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other than a felony, if the security deposit
 D3D\WKHVHFXULW\DPRXQWWRWKHRIÀFHURU
magistrate lawfully entitled to receive it;
(b) Deduct that amount from the amount of
deposit with the State Treasurer by the asso-
ciation under this section; and
UHTXLUHGGRHVQRWH[FHHG7KHXVHRI  F,PPHGLDWHO\QRWLI\WKHDVVRFLDWLRQDQG
an unexpired guaranteed arrest bond certif- require it to deposit a like sum with the State
icate as a security deposit under this section 7UHDVXUHU
LVVXEMHFWWRDOORIWKHIROORZLQJ
(1) To qualify for use as a security deposit, a
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a surety company that has become a surety on
WKHFHUWLÀFDWHDVSURYLGHGXQGHU256
WR
 ,IWKHDVVRFLDWLRQIDLOVRUQHJOHFWVIRUD
period of 10 days to comply with the notice of
the treasurer under subsection (3) of this sec-
tion, the membership cards of such association
shall not thereafter be accepted as a security
GHSRVLWZKLOHWKHGHIDXOWFRQWLQXHV
  ,I WKH LQGLYLGXDO GRHV QRW PDNH WKH
DSSHDUDQFHWKHVXUHW\IRUWKHFHUWLÀFDWHLV
subject on the undertaking of the surety under
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provision of any statute, charter or ordinance
that otherwise applies to security deposits on
WKHLUXQGHUWDNLQJ>F†F
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 8SRQWKHSD\PHQWRIWKHVHFXULW\DPRXQW
under this section by the association, the mem-
bership card so deposited shall be immediately
UHWXUQHGWRWKHDVVRFLDWLRQE\WKHRIÀFHUZKR
DFFHSWHGLWDVDVHFXULW\GHSRVLW>F
†F†F†@

Title 59 Page 202 (2015 Edition)

 (1)25&(0(172)),&,$/6
(Jurisdiction and Procedures)
810.340 Proceedings; jurisdiction of
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suspension. (1) All proceedings concerning
WUDIÀFRIIHQVHVVKDOOFRQIRUPWRWKHSURYLVLRQV
of the vehicle code and those provisions of ORS
FKDSWHUUHODWLQJWRWUDIÀFRIIHQVHV
(2) All circuit courts, municipal courts and
justices of the peace have concurrent jurisdic-
tion, within their respective city or county,
of all violations of the provisions of the vehi-
FOHFRGHUHODWLQJWRÀQDQFLDOUHVSRQVLELOLW\
requirements or the suspension of driving
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F†F†F†
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810.350 Procedures for overloading and
certain other violations. (1) For offenses
described in this section, a court or judicial
RIÀFHU be issued nor a criminal prosecution for fail-
(a) Shall make the owner or lessee of the
vehicle a codefendant if appearance has not
been made by the driver within 15 days of the
GDWHWKHGULYHUZDVFLWHGWRDSSHDULQFRXUW
(b) May dismiss the charges against the
GULYHULIWKHFRXUWÀQGV that the owner may be subject to arrest if the
(A) That the owner or lessee of the vehicle
caused or permitted the driver to operate the
vehicle or combination of vehicles in violation
of the offenses described in this section; and
(B) That the owner or lessee is guilty of vio-
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(2) This section applies to the following
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(a) Operation without payment of appropri-
DWHUHJLVWUDWLRQIHHVXQGHU256
(b) Violation of maximum weight limits
XQGHU256
(c) Violation of administratively imposed
ZHLJKWRUVL]HOLPLWVXQGHU256
(d) Violation of maximum size limits under
256
 
(n) Failure to carry and display a permit
XQGHU256
(o) Failure to comply with commercial vehi-
cle enforcement requirements under ORS
>F†@
 >F†UHSHDOHGE\
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(Court-Related Offenses)
810.365 Failure to appear on certain
parking offenses. ,IDYHKLFOHRZQHUFLWHG
XQGHU256WRDSSHDULQDFLUFXLWRUMXV-
tice court upon an alleged parking offense fails
to appear on or before the date and time stated
on the citation, the court and the Department
of Transportation may take such actions as are
otherwise authorized by law under the Oregon
Vehicle Code in the case of a failure to appear,
except that in no case may a warrant of arrest
ure to appear be commenced unless the citing
or prosecuting authority, more than 10 days
prior thereto, has sent a letter to the regis-
tered owner at the address shown upon the
records of the department advising the owner
of the charge pending and informing the owner
owner does not appear in the court within 10
GD\VWRDQVZHUWKHFKDUJH7KHOHWWHUPXVW
EHVHQWE\FHUWLÀHGPDLOUHVWULFWHGGHOLYHU\
UHWXUQUHFHLSWUHTXHVWHG$ZDUUDQWRIDUUHVW
may not be issued nor a criminal prosecution
for failure to appear be commenced if such a
letter has not been sent or if the owner appears
in court to answer the charge within 10 days
F†F†F†
F†@
(Records)
 &RXUWWRIRUZDUGWUDIÀFFRQYLF-
tion records to department; exceptions.
(1) Within the time required by this section of
the conviction, every court with jurisdiction
over the offenses described in this section shall
forward to the Department of Transportation
 H([FHHGLQJPD[LPXPQXPEHURIYHKLFOHV
XQGHU256
(f) Violation of posted limits on use of road
XQGHU256
(g) Violation of towing safety requirements
XQGHU256
(h) Operating a sifting or leaking load under
256
(i) Dragging objects on a highway under ORS

(j) Unlawful use of devices without wheels
XQGHU256
(k) Unlawful use of metal objects on tires
XQGHU256
(L) Operation without pneumatic tires under
256
(m) Operation in violation of a vehicle vari-
DQFHSHUPLWXQGHU256
Title 59 Page 203
a record of the conviction of any person in such
court for a violation of any of the following that
regulate the operation of motor vehicles on
KLJKZD\VRUVWUHHWV
(a) Offenses committed under the vehicle
FRGHRUDQ\RWKHUVWDWXWHRIWKLVVWDWH
(b) Offenses committed under any municipal
RUGLQDQFH
(2) To comply with this section, a court must
forward the record of conviction containing the
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The record must be forwarded to the depart-
ment within 24 hours of the time the defendant
ZDVVHQWHQFHGE\WKHFRXUW
(3) A court is not required by this section to
forward to the department a record of convic-
tion for violation of any offense under any of
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(2015 Edition)
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or outside the jurisdictional authority of the
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LVDXWKRUL]HGWRDFW
810.375 Duties of judges or court clerks.  D:KHQWKHWUDIÀFYLRODWLRQLVFRPPLWWHG
(1) The judge or clerk of every court of this LQWKHSROLFHRIÀFHU·VSUHVHQFHRU
VWDWHKDYLQJMXULVGLFWLRQRIDQ\WUDIÀFRIIHQVH  E:KHQWKHSROLFHRIÀFHUKDVSUREDEOH
LQFOXGLQJDOOORFDODQGPXQLFLSDOMXGLFLDORIÀ- cause to believe an offense has occurred based
FHUVLQWKLVVWDWH on a description of the vehicle or other informa-
(a) Shall keep a full record of every case WLRQUHFHLYHGIURPDSROLFHRIÀFHUZKRREVHUYHG
in which a person is charged with any such WKHWUDIÀFYLRODWLRQ
RIIHQVH  $SROLFHRIÀFHU
(b) Shall send the Department of Transpor-
tation an abstract of conviction for any person
ZKRLVFRQYLFWHG
(c) Shall send the department a copy of any
ÀQDOMXGJPHQWRIFRQYLFWLRQRIDQ\SHUVRQWKDW
results in mandatory suspension or revocation
of driving privileges or commercial driving
SULYLOHJHV XQGHU 256  
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(d) Shall send the department a copy of any
ÀQDOMXGJPHQWÀQGLQJDSHUVRQFKDUJHGZLWK
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committed to the jurisdiction of the Psychiatric
Security Review Board or the Oregon Health
$XWKRULW\XQGHU256WR
(2) The department shall keep such records
LQ LWV RIÀFH DQG WKH\ VKDOO EH RSHQ WR WKH
inspection of any person during reasonable
EXVLQHVVKRXUV
(3) To comply with this section, a judge or
FOHUNPXVWFRPSO\ZLWKWKHIROORZLQJ
(a) Any information required by this sec-
tion to be sent to the department must be sent
ZLWKLQWKHWLPHSURYLGHGXQGHU256
and must include information required by ORS

 D6KDOOQRWDUUHVWDSHUVRQIRUDWUDIÀF
YLRODWLRQ
(b) May stop and detain a person for a traf-
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(c) May make an inquiry into circumstances
arising during the course of a detention and
investigation under paragraph (b) of this sub-
section that give rise to a reasonable suspicion
RIFULPLQDODFWLYLW\
(d) May make an inquiry to ensure the
VDIHW\RIWKHRIÀFHUWKHSHUVRQVWRSSHGRU
other persons present, including an inquiry
UHJDUGLQJWKHSUHVHQFHRIZHDSRQV
(e) May request consent to search in relation
to the circumstances referred to in paragraph
(c) of this subsection or to search for items of
evidence otherwise subject to search or seizure
XQGHU256
(f) May use the degree of force reasonably
necessary to make the stop and ensure the
VDIHW\RIWKHSROLFHRIÀFHUWKHSHUVRQVWRSSHG
RURWKHUSHUVRQVSUHVHQW
(g) May make an arrest of a person as
DXWKRUL]HGE\256LIWKHSHUVRQLV
 E ,QIRUPDWLRQ PD\ QRW EH VHQW WR WKH stopped and detained pursuant to the authority
department under this section concerning con- RIWKLVVHFWLRQ
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810.380>F†F†
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POLICE
(General Authority)
810.400 Uniform or badge required. Any
SROLFHRIÀFHUDWWHPSWLQJWRHQIRUFHWKHWUDIÀF
laws of this state shall be in uniform or shall
FRQVSLFXRXVO\GLVSOD\DQRIÀFLDOLGHQWLÀFDWLRQ
FDUGVKRZLQJWKHRIÀFHU·VODZIXODXWKRULW\
>F†@
810.410 Arrest and citation. (1) A police
RIÀFHUPD\DUUHVWRULVVXHDFLWDWLRQWRDSHUVRQ
IRUDWUDIÀFFULPHDWDQ\SODFHZLWKLQRURXWVLGH
the jurisdictional authority of the governmen-
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WRDFWDVSURYLGHGE\256DQG
Title 59 Page 204
 :KHQDSROLFHRIÀFHUDWWKHVFHQHRID
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to believe that a person involved in the accident
KDVFRPPLWWHGDWUDIÀFRIIHQVHLQFRQQHFWLRQ
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WRWKHSHUVRQDFLWDWLRQIRUWKDWRIIHQVH7KH
authority under this subsection is in addition
to any other authority to issue a citation for
DWUDIÀFRIIHQVH>F†F
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†F††F†
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810.415 Removal of vehicles, cargo
or debris from roadway after accident.
$ODZHQIRUFHPHQWRIÀFHUZKRFRPHVWRWKH
VFHQHRIDQDFFLGHQWGHVFULEHGLQ256
may remove or direct the driver of a vehicle
involved in the accident to remove from the
roadway any vehicle, cargo or debris resulting
IURPWKHDFFLGHQW$SHUVRQDFWLQJXQGHUWKH
authority granted by this section is not liable
for damage to a vehicle, cargo or debris caused
(2015 Edition)
 (1)25&(0(172)),&,$/6
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810.420 Use of speed measuring device;
citation; training. (1) When the speed of a
vehicle has been checked by a speed measuring
device, the driver of the vehicle may be stopped,
GHWDLQHGDQGLVVXHGDFLWDWLRQE\DSROLFHRIÀFHU
LIWKHRIÀFHULVLQXQLIRUPDQGKDVHLWKHU operate cameras designed to photograph driv-
(a) Observed the recording of the speed of
the vehicle by the device; or
(b) Probable cause to detain based upon a
description of the vehicle or other information
UHFHLYHGIURPWKHRIÀFHUZKRKDVREVHUYHGWKH
VSHHGRIWKHYHKLFOHUHFRUGHG
 
authority to move vehicles under this section is
LQDGGLWLRQWRDQ\DXWKRULW\XQGHU256
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(Photo Red Light)
810.434 Photo red light; operation;
evaluation. (1) Any city may, at its own cost,
HUVZKRYLRODWH256E\IDLOLQJWRREH\
DWUDIÀFFRQWUROGHYLFH
(2) Cameras operated under this section may
be mounted on street lights or put in other
VXLWDEOHSODFHV
(3) A city that chooses to operate a camera
 $SROLFHRIÀFHUPD\QRWLVVXHDFLWDWLRQ
based on a speed measuring device unless the
RIÀFHUKDVWDNHQDQGSDVVHGDWUDLQLQJFRXUVH
approved by the law enforcement agency that
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VXULQJGHYLFH>F†F†@
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(a) Provide a public information campaign to
inform local drivers about the use of cameras
before citations are actually issued; and
(b) Once each biennium, conduct a process
and outcome evaluation for the purposes of
810.425 Procedure in certain parking VXEVHFWLRQRIWKLVVHFWLRQWKDWLQFOXGHV
cases. ,QDOOSURVHFXWLRQVRIWKHRZQHURI
DYHKLFOHIRUYLRODWLRQRI256E  $7KHHIIHFWRIWKHXVHRIFDPHUDVRQWUDIÀF
EEDQGE safety;
of any parking regulations prescribed under (B) The degree of public acceptance of the
256RURIDQDSSOLFDEOHRUGLQDQFHLW use of cameras; and
VKDOOEHVXIÀFLHQWIRUDSROLFHRIÀFHUWRFKDUJH
the defendant by an unsworn written notice if (C) The process of administration of the use
WKHQRWLFHFOHDUO\VWDWHV RIFDPHUDV
 D7KHGDWHSODFHDQGQDWXUHRIWKHFKDUJH (4) By March 1 of each odd-numbered year,
each city that operates a camera under this sec-
(b) The time and place for defendant’s tion shall present to the Legislative Assembly
DSSHDUDQFHLQFRXUW the process and outcome evaluation conducted
 F7KHQDPHRIWKHLVVXLQJRIÀFHU E\WKHFLW\XQGHUVXEVHFWLRQRIWKLVVHFWLRQ
>F†F†F
 G7KHOLFHQVHQXPEHURIWKHYHKLFOH †VXEVHFWLRQRI(GLWLRQHQDFWHGDV
(2) The notice provided for in subsection (1) F†F†F†
of this section shall either be delivered to the F†F†F†@
defendant or placed in a conspicuous place upon
WKHYHKLFOHLQYROYHGLQWKHYLRODWLRQ$GXSOL-
cate original of the notice shall serve as the
FRPSODLQWLQWKHFDVHZKHQLWLVÀOHGZLWKWKH
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erwise provided by law in such cases shall be
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LVVXLQJRIÀFHUQHHGQRWKDYHREVHUYHGWKHDFW
810.435 Use of photographs. ([FHSW
as provided in subsection (2) of this section,
SKRWRJUDSKVWDNHQXQGHU256PD\
be submitted into evidence in a criminal
trial, grand jury proceeding or other criminal
proceeding for the purpose of proving or dis-
SURYLQJDIHORQ\RUD&ODVV$PLVGHPHDQRU
of parking, but need only have observed that  3KRWRJUDSKVWDNHQXQGHU256
the vehicle appeared to be parked in violation may not be used in any criminal proceeding
RI256EE relating to the prosecution of a violation as
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(3) A circuit court and a justice court have
concurrent jurisdiction over parking offenses
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(4) This section does not apply to prosecu-
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810.430 Movement of illegally parked
vehicles. $SROLFHRIÀFHUZKRÀQGVDYHKLFOH
parked or standing upon a highway in violation
RI256RUPD\PRYHWKHYHKL-
cle, cause it to be moved or require the driver or
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Title 59 Page 205
GHVFULEHGLQ256RWKHUWKDQIRUWKH
purpose of proving or disproving a violation of
256>F†F†
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810.436 Citations based on photo red
light; response to citation. (1) Notwith-
standing any other provision of law, if a city
chooses to operate a camera that complies with
WKLVVHFWLRQDQG256DFLWDWLRQIRU
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the basis of photographs from a camera taken
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(a) Signs are posted, so far as is practicable,
on all major routes entering the jurisdiction
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(2015 Edition)
 OREGON VEHICLE CODE

 E)RUHDFKWUDIÀFFRQWUROGHYLFHDWZKLFK PD\QRWVXEPLWDFHUWLÀFDWHRILQQRFHQFHLQ
a camera is installed, signs indicating that a UHVSRQVHWRDUHLVVXHGFLWDWLRQ
camera may be in operation at the device are  E,IDEXVLQHVVRUSXEOLFDJHQF\UHVSRQGV
posted before the device at a location near the to a citation issued under subsection (1) of
GHYLFH this section by submitting, within 30 days
 F,IWKHWUDIÀFFRQWUROGHYLFHLVDWUDIÀF
light, the yellow light shows for at least the
length of time recommended by the stan-
GDUGVHWE\WKH,QVWLWXWHRI7UDQVSRUWDWLRQ
(QJLQHHUV
(d) The citation is mailed to the registered
owner of the vehicle, or to the driver if identi-
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(e) The registered owner is given 30 days
from the date the citation is mailed to respond
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of nonliability stating that at the time of the
alleged violation the vehicle was in the cus-
tody and control of an employee or was in the
custody and control of a renter or lessee under
the terms of a motor vehicle rental agreement
or lease, and if the business or public agency
provides the driver license number, name and
address of the employee, renter or lessee, the
citation shall be dismissed with respect to the
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then be reissued and delivered by mail or other-
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prepared on a digital medium, and the signa-
ture may be electronic in accordance with the
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(7) The penalties for and all consequences
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use of a camera installed as provided in this
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owner of a vehicle in the current records of the
Department of Transportation fails to respond
to a citation issued under subsection (1) of
this section, a default judgment under ORS
PD\EHHQWHUHGIRUIDLOXUHWRDSSHDU
after notice has been given that the judgment
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(3) A rebuttable presumption exists that the
registered owner of the vehicle was the driver
of the vehicle when the citation was issued and
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(4) A person issued a citation under sub-
section (1) of this section may respond to the
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(8) A registered owner or an employee,
renter or lessee against whom a judgment for
failure to appear is entered may move the court
to relieve the owner or the employee, renter or
lessee from the judgment as provided in ORS
LIWKHIDLOXUHWRDSSHDUZDVGXHWR
mistake, inadvertence, surprise or excusable
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(Photo Radar)
810.438 Photo radar; authorized juris-
dictions. (1) The following jurisdictions may,
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E\ODZ
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issued on the basis of photographs from a  F%HQG
camera installed as provided in this section  G(XJHQH
DQG256PD\EHGHOLYHUHGE\PDLORU
otherwise to the registered owner of the vehicle  H*ODGVWRQH
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WKHSKRWRJUDSK
 J0LOZDXNLH
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respond by mail to a citation issued under  K2UHJRQ&LW\
subsection (1) of this section by submitting,  L3RUWODQG
within 30 days from the mailing of the citation,
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that the owner was not the driver of the vehicle
and by providing a photocopy of the owner’s
GULYHUOLFHQVH$MXULVGLFWLRQWKDWUHFHLYHVD
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shall dismiss the citation without requiring
a court appearance by the registered owner
or any other information from the registered
RZQHURWKHUWKDQWKHVZHDULQJRUDIÀUPDWLRQ
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sued only once, only to the registered owner
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istered owner appears to have been the driver
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Title 59 3DJH
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(2) A photo radar system operated under
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(a) May be used on streets in residential
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(b) May be used in other areas if the gov-
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VSHHGLQJKDVKDGDQHJDWLYHLPSDFWRQWUDIÀF
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(c) May not be used for more than four hours
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(d) May not be used on controlled access
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(2015 Edition)
 (1)25&(0(172)),&,$/6  

(e) May not be used unless a sign is posted of the vehicle when the citation is issued and
DQQRXQFLQJ´7UDIÀF/DZV3KRWR(QIRUFHGµ GHOLYHUHGDVSURYLGHGLQWKLVVHFWLRQ
7KHVLJQSRVWHGXQGHUWKLVSDUDJUDSKPXVW (c) A person issued a citation under this
(A) Be on the street on which the photo radar subsection may respond to the citation by
unit is being used; VXEPLWWLQJDFHUWLÀFDWHRILQQRFHQFHRUDFHU-
(B) Be between 100 and 400 yards before
the location of the photo radar unit;
(C) Be at least two feet above ground level;
and
WLÀFDWHRIQRQOLDELOLW\XQGHUVXEVHFWLRQRI
this section or may make any other response
DOORZHGE\ODZ
(2) A citation issued on the basis of photo
radar may be delivered by mail or otherwise
 ',ISRVWHGLQDVFKRRO]RQHQRWRWKHUZLVH
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(3) A city that operates a photo radar system
under this section shall, once each biennium,
conduct a process and outcome evaluation for
the purposes of subsection (4) of this section
WKDWLQFOXGHV subsection (1) of this section by submitting a
(a) The effect of the use of the photo radar
V\VWHPRQWUDIÀFVDIHW\ PDLOLQJRIWKHFLWDWLRQVZHDULQJRUDIÀUPLQJ
(b) The degree of public acceptance of the
use of the photo radar system; and
(c) The process of administration of the use
RIWKHSKRWRUDGDUV\VWHP
(4) By March 1 of each odd-numbered year,
each city that operates a photo radar system
under this section shall present to the Leg-
islative Assembly the process and outcome
evaluation conducted by the city under sub-
to the registered owner of the vehicle or to
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a digital medium, and the signature may be
electronic in accordance with the provisions of
256WR
(3)(a) A registered owner of a vehicle may
respond by mail to a citation issued under
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that the owner was not the driver of the vehicle
and by providing a photocopy of the owner’s
GULYHUOLFHQVH$MXULVGLFWLRQWKDWUHFHLYHVD
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shall dismiss the citation without requiring
a court appearance by the registered owner
or any other information from the registered
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sued only once, only to the registered owner
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VHFWLRQRIWKLVVHFWLRQ>F† istered owner appears to have been the driver
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810.439 Citations based on photo radar;  E,IDEXVLQHVVRUSXEOLFDJHQF\UHVSRQGV
response to citation. (1) Notwithstanding to a citation issued under subsection (1) of this
any other provision of law, in the jurisdictions VHFWLRQE\VXEPLWWLQJDFHUWLÀFDWHRIQRQOL-
XVLQJSKRWRUDGDU ability within 30 days from the mailing of the
(a) A citation for speeding may be issued on citation stating that at the time of the alleged
the basis of photo radar if the following condi- speeding violation the vehicle was in the cus-
WLRQVDUHPHW tody and control of an employee or was in the
custody and control of a renter or lessee under
(A) The photo radar equipment is operated the terms of a rental agreement or lease, and
E\DXQLIRUPHGSROLFHRIÀFHU if the business or public agency provides the
(B) The photo radar equipment is operated driver license number, name and address of the
RXWRIDPDUNHGSROLFHYHKLFOH employee, renter or lessee, the citation shall be
dismissed with respect to the business or public
(C) An indication of the actual speed of the DJHQF\7KHFLWDWLRQPD\WKHQEHLVVXHGDQG
vehicle is displayed within 150 feet of the loca- delivered by mail or otherwise to the employee,
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(D) Signs indicating that speeds are QRQOLDELOLW\
enforced by photo radar are posted, so far as  ,IWKHSHUVRQQDPHGDVWKHUHJLVWHUHG
is practicable, on all major routes entering the owner of a vehicle in the current records of the
MXULVGLFWLRQ Department of Transportation fails to respond
 (7KHFLWDWLRQLVPDLOHGWRWKHUHJLVWHUHG
owner of the vehicle within six business days
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(F) The registered owner is given 30 days
from the date the citation is mailed to respond
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(G) The jurisdiction operating photo radar
complies with the requirements described in
256
to a citation issued under subsection (1) of
this section, a default judgment under ORS
PD\EHHQWHUHGIRUIDLOXUHWRDSSHDU
after notice has been given that the judgment
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(5) The penalties for and all consequences
of a speeding violation initiated by the use of
photo radar are the same as for a speeding
YLRODWLRQLQLWLDWHGE\DQ\RWKHUPHDQV
 $UHJLVWHUHGRZQHUHPSOR\HHUHQWHURU
(b) A rebuttable presumption exists that the lessee against whom a judgment for failure
registered owner of the vehicle was the driver to appear is entered may move the court to

Title 59 Page 207 (2015 Edition)

 OREGON VEHICLE CODE
relieve the owner, employee, renter or lessee
IURPWKHMXGJPHQWDVSURYLGHGLQ256
if the failure to appear was due to mistake,
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810.441 Photo radar; highway work
zones. (1) The Department of Transportation
may operate photo radar within a highway
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7KHSKRWRUDGDUXQLWPD\EHRSHUDWHGRQO\
810.442 Citations based on photo radar
in highway work zones; response to cita-
tion. (1) Notwithstanding any other provision
of law, when a jurisdiction or the Oregon State
Police uses photo radar in a highway work
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(a) A citation for speeding may be issued on
the basis of photo radar if the following condi-
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(B) The photo radar unit is operated out of
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 D,QWKHDUHDZLWKLQDKLJKZD\ZRUN]RQH
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not be operated in a location more than 100
yards from where highway workers are present
and, in the case of a divided state highway, the
vehicle is displayed within 150 feet of the loca-
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(D) The citation is mailed to the registered
owner of the vehicle within six business days
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photo radar unit must be located on the same  (7KHUHJLVWHUHGRZQHULVJLYHQGD\V
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 E:KHQWKHFRQÀJXUDWLRQRIWKHURDGZD\LV
temporarily changed, including but not limited
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usable lanes, lane width, shoulder width or
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unit may not be operated in a location more
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of the roadway is temporarily changed and,
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photo radar unit is operated within 100 yards
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located on the same roadway where highway
workers are present; or
in the case of a divided state highway, the
photo radar unit must be located on the same
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(2) The department, at its own cost, may
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temporarily changed within the highway work
zone, including but not limited to temporary
changes made to the number of usable lanes,
lane width, shoulder width or curvature of the
roadway, and the photo radar unit is operated
ZLWKLQ\DUGVIURPZKHUHWKHFRQÀJXUD-
UDGDUXQGHU256RUWKH2UHJRQ
State Police to operate a photo radar unit in a
KLJKZD\ZRUN]RQHRQDVWDWHKLJKZD\
(3) A photo radar unit operated under this
section may not be used unless a sign is posted
DQQRXQFLQJWKDWSKRWRUDGDULVLQXVH7KHVLJQ
posted under this subsection must be all of the
IROORZLQJ (b) A rebuttable presumption exists that the
(a) Located on the state highway on which
WKHSKRWRUDGDUXQLWLVEHLQJXVHG
(b) Between 100 and 400 yards before the
ORFDWLRQRIWKHSKRWRUDGDUXQLW
(4) The department shall, once each
tion of the roadway is temporarily changed
and located on the same roadway where the
KLJKZD\FRQÀJXUDWLRQLVWHPSRUDULO\FKDQJHG
(G) The jurisdiction operating photo radar
complies with the requirements described in
256
registered owner of the vehicle was the driver
of the vehicle when the citation is issued and
GHOLYHUHGDVSURYLGHGLQWKLVVHFWLRQ
(c) A person issued a citation under this
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biennium, conduct a process and outcome WLÀFDWHRIQRQOLDELOLW\XQGHUVXEVHFWLRQRI
evaluation for the purposes of subsection (5) this section or may make any other response
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(a) The effect of the use of photo radar on (2) A citation issued on the basis of photo
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to the registered owner of the vehicle or to
(b) The degree of public acceptance of the WKHGULYHU7KHFLWDWLRQPD\EHSUHSDUHGRQ
use of photo radar; and a digital medium and the signature may be
(c) The process of administration of the use electronic in accordance with the provisions
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(5) The department shall report to the (3)(a) A registered owner of a vehicle may
Legislative Assembly by March 1 of each respond by mail to a citation issued under
RGGQXPEHUHG\HDU subsection (1) of this section by submitting,
 $VXVHGLQWKLVVHFWLRQ´KLJKZD\ZRUN within 30 days from the mailing of the citation,
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>F†F†@ that the owner was not the driver of the vehicle

Title 59 Page 208 (2015 Edition)

 (1)25&(0(172)),&,$/6  

and by providing a photocopy of the owner’s
GULYHUOLFHQVH$MXULVGLFWLRQWKDWUHFHLYHVD
FHUWLÀFDWHRILQQRFHQFHXQGHUWKLVSDUDJUDSK
shall dismiss the citation without requiring
a court appearance by the registered owner
or any other information from the registered
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sued only once, only to the registered owner
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istered owner appears to have been the driver
(b) May not be used unless a sign is posted
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7KHVLJQSRVWHGXQGHUWKLVSDUDJUDSKPXVW
(A) Be on the street on which the photo radar
unit is being operated;
(B) Be between 100 and 400 yards before
the location of the photo radar unit;
(C) Be at least two feet above ground level;
DWWKHWLPHRIWKHYLRODWLRQ$UHJLVWHUHGRZQHU  ',ISRVWHGLQDVFKRRO]RQHQRWRWKHUZLVH
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 E,IDEXVLQHVVRUSXEOLFDJHQF\UHVSRQGV
to a citation issued under subsection (1) of this LQJRIWKHFRQGXFW
section by submitting, within 30 days from the
PDLOLQJRIWKHFLWDWLRQDFHUWLÀFDWHRIQRQOL-
ability stating that at the time of the alleged
speeding violation the vehicle was in the cus-
tody and control of an employee, or was in the
custody and control of a renter or lessee under
the terms of a rental agreement or lease, and
if the business or public agency provides the
driver license number, name and address of the
employee, renter or lessee, the citation shall be
dismissed with respect to the business or public
DJHQF\7KHFLWDWLRQPD\WKHQEHLVVXHGDQG
delivered by mail or otherwise to the employee,
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QRQOLDELOLW\
(c) Must be capable of making a video record-
(3) The City of Fairview shall, once each
biennium, conduct an outcome evaluation for
the purposes of subsection (4) of this section
WKDWLQFOXGHV
(a) The effect of the operation of the photo
UDGDUXQLWRQWUDIÀFVDIHW\DQG
(b) The degree of public acceptance of the
RSHUDWLRQRIWKHSKRWRUDGDUXQLW
(4) By March 1 of each odd-numbered year,
the City of Fairview shall present to the Leg-
islative Assembly the outcome evaluation
conducted by the city under subsection (3) of
this section in the manner provided in ORS
>F†@
 ,IWKHSHUVRQQDPHGDVWKHUHJLVWHUHG
owner of a vehicle in the current records of the
Department of Transportation fails to respond
to a citation issued under subsection (1) of
this section, a default judgment under ORS
PD\EHHQWHUHGIRUIDLOXUHWRDSSHDU
after notice has been given that the judgment
ZLOOEHHQWHUHG
 6HF1RWZLWKVWDQGLQJDQ\RWKHUSUR-
vision of law, in the jurisdiction operating a
photo radar unit under section 1 of this 2013
$FW
(a) A citation for speeding may be issued
under section 1 of this 2013 Act on the basis
RISKRWRUDGDULI
(5) The penalties for and all consequences  $7KHVFKRRO]RQHKDVDÁDVKLQJOLJKWXVHG
of a speeding violation initiated by the use of DVDWUDIÀFFRQWUROGHYLFHDQGRSHUDWHGXQGHU
photo radar are the same as for a speeding 256DQGWKHÁDVKLQJOLJKWLQGLFDWHV
YLRODWLRQLQLWLDWHGE\DQ\RWKHUPHDQV that children may be arriving at or leaving
 $UHJLVWHUHGRZQHUHPSOR\HHUHQWHURU
lessee against whom a judgment for failure to
appear is entered may move the court to relieve
the registered owner, employee, renter or lessee
IURPWKHMXGJPHQWDVSURYLGHGLQ256
if the failure to appear was due to mistake,
school;
(B) A sign that provides drivers with infor-
mation about the driver’s current rate of speed
is posted between 100 and 400 yards before
each entrance to the school zone; and
LQDGYHUWHQFHVXUSULVHRUH[FXVDEOHQHJOHFW
(7) As used in this section, “highway work
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>F†F†@
(Temporary provisions relating to the use
of photo radar in the City of Fairview)
Note 6HFWLRQV   DQG  FKDSWHU 
2UHJRQ/DZVSURYLGH this subsection may respond to the citation
 &$SROLFHRIÀFHUZKRKDVUHYLHZHGWKH
video recording of the conduct signs the
FLWDWLRQ
(b) A rebuttable presumption exists that the
registered owner of the vehicle was the driver
of the vehicle when the citation is issued and
GHOLYHUHGDVSURYLGHGLQWKLVVHFWLRQ
(c) An individual issued a citation under
E\VXEPLWWLQJDFHUWLÀFDWHRILQQRFHQFHXQGHU
 6HF7KH&LW\RI)DLUYLHZPD\DWLWV subsection (3)(a) of this section or may make
own cost, operate a photo radar unit in a school DQ\RWKHUUHVSRQVHDOORZHGE\ODZ
]RQHEHWZHHQDPDQGSPRQDGD\ZKHQ
VFKRROLVLQVHVVLRQ (d) A business or public agency issued a
citation under this subsection may respond to
(2) A photo radar unit operated under this WKHFLWDWLRQE\VXEPLWWLQJDFHUWLÀFDWHRIQRQ-
VHFWLRQ liability under subsection (3)(b) of this section
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Title 59 Page 209 (2015 Edition)

 OREGON VEHICLE CODE

(2) A citation issued on the basis of photo
radar may be delivered by mail or otherwise
to the registered owner of the vehicle or to
WKHGULYHU7KHFLWDWLRQPD\EHSUHSDUHGRQ
a digital medium, and the signature may be
(Temporary provisions relating to the use
of photo radar in the City of Portland)
Note6HFWLRQVWRFKDSWHU2UHJRQ
/DZVSURYLGH
electronic in accordance with the provisions of
256WR
(3)(a) An individual named as the registered
owner of a vehicle in current records of the
Department of Transportation may respond
by mail to a citation issued under subsection
 6HF$VXVHGLQWKLVVHFWLRQ´XUEDQ
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way that has an incidence rate of reported
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injuries that is at least 25 percent higher than
the rate for highways with the same speed limit
or designated speed within the jurisdiction on
RIWKLVVHFWLRQE\VXEPLWWLQJDFHUWLÀFDWH
of innocence within 30 days from the mail-
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the registered owner was not the driver of the
vehicle and by providing a photocopy of the
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WKDWUHFHLYHVDFHUWLÀFDWHRILQQRFHQFHXQGHU of Portland may, at its own cost, operate a
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without requiring a court appearance by the FRUULGRUV
registered owner or any other information from
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may be reissued only once, only to the regis-
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that the registered owner appears to have been
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(a) May not be used on controlled access
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 $%HRQWKHVWUHHWRQZKLFKWKHÀ[HGSKRWR
 E,IDEXVLQHVVRUSXEOLFDJHQF\QDPHGDV radar unit is being operated;
the registered owner of a vehicle in current
records of the Department of Transportation (B) Be between 100 and 400 yards before
responds to a citation issued under subsection WKHORFDWLRQRIWKHÀ[HGSKRWRUDGDUXQLW
RIWKLVVHFWLRQE\VXEPLWWLQJDFHUWLÀFDWHRI (C) Be at least two feet above ground level;
nonliability within 30 days from the mailing
of the citation stating that at the time of the (D) Provide drivers with information about
alleged speeding violation the vehicle was in the driver’s current rate of speed; and
the custody and control of an employee, or was
in the custody and control of a renter or lessee
under the terms of a rental agreement or lease,
and if the business or public agency provides
the driver license number, name and address
of the employee, renter or lessee, the citation
shall be dismissed with respect to the busi-
QHVVRUSXEOLFDJHQF\7KHFLWDWLRQPD\WKHQ
be issued and delivered by mail or otherwise
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control devices approved by the Oregon Trans-
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(c) Must remain in the same location for at
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biennium, conduct an outcome evaluation for
the purposes of subsection (5) of this section
WKDWLQFOXGHV
 D7KHHIIHFWRIWKHRSHUDWLRQRIWKHÀ[HG
 ,IWKHUHJLVWHUHGRZQHUHPSOR\HHUHQWHU
or lessee fails to respond to a citation issued
under subsection (1) of this section, a default
MXGJPHQWXQGHU256PD\EHHQWHUHG
for failure to appear after notice has been given
WKDWWKHMXGJPHQWZLOOEHHQWHUHG
(5) The penalties for and all consequences
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(b) The degree of public acceptance of the
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(5) By March 1 of each odd-numbered year,
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islative Assembly the outcome evaluation
conducted by the city under subsection (4) of
 $UHJLVWHUHGRZQHUHPSOR\HHUHQWHURU this section in the manner provided in ORS
lessee against whom a judgment for failure to >F†@
appear is entered may move the court to relieve
the registered owner, employee, renter or lessee
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if the failure to appear was due to mistake,
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Title 59 Page 210
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vision of law, in the jurisdiction operating a
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(2015 Edition)
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mation about the driver’s current rate of speed WRWKHHPSOR\HHUHQWHURUOHVVHHLGHQWLÀHGLQ
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photographic evidence of the conduct signs the
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registered owner of the vehicle was the driver
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delivered as provided in subsection (2) of this
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or lessee fails to respond to a citation issued
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appear after notice has been given that the
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this subsection may respond to the citation
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subsection (3)(a) of this section or may make
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(d) A business or public agency issued a
citation under this subsection may respond to
WKHFLWDWLRQE\VXEPLWWLQJDQDIÀGDYLWRIQRQOL-
ability under subsection (3)(b) of this section or
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 $UHJLVWHUHGRZQHUHPSOR\HHUHQWHURU
lessee against whom a judgment for failure to
appear is entered may move the court to relieve
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IURPWKHMXGJPHQWDVSURYLGHGLQ256
if the failure to appear was due to mistake,
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 6HF1RWZLWKVWDQGLQJ256DOO
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photo radar may be delivered by mail or oth-
erwise to the registered owner of the vehicle
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on a digital medium, and the signature may
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(3)(a) An individual named as the registered
owner of a vehicle in current records of the
Department of Transportation may respond
by mail to a citation issued under subsection
of the amounts paid to the City of Portland
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section 2 of this 2015 Act may be used only for
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photo radar units in urban high crash corri-
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of innocence within 30 days from the mail-
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the registered owner was not the driver of the
vehicle and by providing a photocopy of the
UHJLVWHUHGRZQHU·VGULYHUOLFHQVH$MXULVGLF-
WLRQWKDWUHFHLYHVDFHUWLÀFDWHRILQQRFHQFH
under this paragraph shall dismiss the citation
without requiring a court appearance by the
registered owner or any other information from
the registered owner other than the swearing
RUDIÀUPDWLRQDQGWKHSKRWRFRS\7KHFLWDWLRQ
may be reissued only once, only to the regis-
WHUHGRZQHUDQGRQO\LIWKHMXULVGLFWLRQYHULÀHV
(Security for Appearance)
810.448 Security for appearance of
SHUVRQDUUHVWHGIRUWUDIÀFFULPHA police
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Authority granted by this section is in addi-
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take security under this section is subject to
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that the registered owner appears to have been  ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF-
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 E,IDEXVLQHVVRUSXEOLFDJHQF\QDPHGDV  ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF-
the registered owner of a vehicle in current WLRQDQRIÀFHUPD\RQO\DFFHSWDVVHFXULW\WKH
records of the Department of Transportation following, if the following would be acceptable
responds to a citation issued under subsection XQGHU256IRUDVHFXULW\GHSRVLWIRU
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nonliability within 30 days from the mailing
of the citation stating that at the time of the
alleged speeding violation the vehicle was in
the custody and control of an employee, or was
in the custody and control of a renter or lessee
WKHRIIHQVHIRUZKLFKWKHDUUHVWZDVPDGH
(a) An unexpired automobile membership
FDUGGHVFULEHGXQGHU256RU
(b) An unexpired guaranteed arrest bond
FHUWLÀFDWHGHVFULEHGXQGHU256
under the terms of a rental agreement or lease,
and if the business or public agency provides
the driver license number, name and address
of the employee, renter or lessee, the citation
shall be dismissed with respect to the busi-
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described in this subsection whether or not
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subsection applies to the following offenses for
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Title 59 Page 211 (2015 Edition)

 OREGON VEHICLE CODE

(a) Failure to comply with commercial RUXVHDVSURYLGHGXQGHU256>

vehicle enforcement requirements under ORS F†F†F†
 F†F†@
(b) Violation of posted weight limits under 810.470>F†F†
256 F†F†UHSHDOHGE\
 $QRIÀFHUZKRWDNHVVHFXULW\XQGHUWKLV F†@
section shall give a receipt for the security
(Stops and Inspections)
accepted and shall issue the person a citation
to appear before a court having jurisdiction of 810.480 Inspections involving vehicle
WKHRIIHQVH dealers and dismantlers. $SROLFHRIÀFHU
 $QRIÀFHUVKDOOSURPSWO\FDXVHDQ\VHFX-
rity accepted under this section to be delivered
to the court for disposition as provided under
256>)RUPHUO\@
810.450 Security for appearance of
person issued citation. $SROLFHRIÀFHUZKR
issues a citation for violation of an offense
described in this section may accept security
IRUWKHDSSHDUDQFHRIWKHSHUVRQFLWHG$XWKRU-
ity granted by this section is in addition to
any authority to accept security under ORS
during normal business hours, may inspect
the records a vehicle dealer is required to keep
XQGHU256DQGYHKLFOHVLQFOXGHGLQ
the inventory or located on the premises of a
GHDOHULVVXHGDFHUWLÀFDWHXQGHU256
The inspections shall be limited in scope to
that necessary to determine compliance with
the regulation of dealers under the vehicle
code and with vehicle title and registration
provisions under the vehicle code and for the
SXUSRVHVRILGHQWLI\LQJVWROHQYHKLFOHV
7KHDXWKRULW\RIDQRIÀFHUWRWDNH  $SROLFHRIÀFHUDWDQ\WLPHPD\LQVSHFW
security under this section is subject to all of the books, records and inventory of and prem-
WKHIROORZLQJ LVHVXVHGE\DQ\EXVLQHVVLVVXHGDFHUWLÀFDWH
XQGHU256IRUWKHSXUSRVHRIGHWHU-
  7KH RIÀFHU PD\ RQO\ DFFHSW VHFXULW\
under this section for offenses described under
256RWKHUWKDQWKHIROORZLQJ Department of Transportation relating to the
(a) Violation of manufactured structure trip
SHUPLWUHTXLUHPHQWVXQGHU256
(b) Violation of a provision of ORS chapter

(c) Failure to comply with commercial vehi-
cle enforcement requirements under ORS

(d) Violation of posted weight limits under
256
mining whether the provisions relating to the
regulation of dismantlers, rules adopted by the
regulation of dismantlers and laws relating to
licensing, titling and wrecking of vehicles are
EHLQJFRPSOLHGZLWK(YHU\EXVLQHVVLVVXHG
D FHUWLÀFDWH XQGHU 256  VKDOO EH
LQVSHFWHGQRWOHVVWKDQWZRWLPHVHDFK\HDU
>F†F†@
810.490 Weighing and measuring vehi-
cles; citation; reduction of load. (1) Any
SROLFHRIÀFHUPD\VWRSPHDVXUHDQGZHLJKDQ\
vehicle or combination of vehicles by means
of either portable or stationary measures and
 $QRIÀFHUVKDOOJLYHDUHFHLSWIRUWKH scales, and having reason to believe that any
security accepted along with the citation to vehicle or combination of vehicles, including
appear before a court having jurisdiction of any load thereon, is unlawful, or having reason
WKHRIIHQVH to believe that the combined weight or loaded
 7KHRIÀFHUVKDOOSURPSWO\FDXVHWKHVHFX-
rity to be delivered to the court for disposition
DVSURYLGHGXQGHU256>F
†F†@
(Accident Reports)
 2IÀFHU·VDFFLGHQWUHSRUWXVH
weight of the vehicle exceeds the registration
weight for the vehicle, may require that such
vehicle or combination of vehicles be driven
WRWKHQHDUHVWSXEOLFRUFHUWLÀHGVFDOHVLQWKH
HYHQWVXFKVFDOHVDUHZLWKLQÀYHPLOHV:KHQ
it is necessary for the vehicle or combination of
vehicles to reverse direction in order to proceed
WRWKHVFDOHVWKHSROLFHRIÀFHUVKDOODVVLVWWKH
$SROLFHRIÀFHUVKDOOVXEPLWDUHSRUWWRWKH driver of the vehicle or combination of vehicles
Department of Transportation whenever the so that the turning movement can be made in
RIÀFHUGRHVDQ\RIWKHIROORZLQJ VDIHW\
 D,QYHVWLJDWHVDYHKLFOHDFFLGHQWZKLFK
256  RU  UHTXLUHV WR EH
UHSRUWHG
(b) Prepares a report of an accident inves-
tigated at the time and place of the accident
RUE\ÀHOGLQWHUYLHZVZLWKWKHSDUWLFLSDQWVRU
ZLWQHVVHV
 ,IWKHSROLFHRIÀFHUÀQGVWKDWWKHYHKL-
cle or combination of vehicles, including any
load thereon, is of any dimension or has
DQ\ZHLJKWQRWDXWKRUL]HGE\256

DQGRUQRWDXWKRUL]HGE\WKH
WHUPVRIDQ\SHUPLWLVVXHGXQGHU256
WKHSROLFHRIÀFHUVKDOOUHTXLUHWKHGULYHUWR
 $SROLFHRIÀFHUVKDOOVXEPLWDUHSRUW
required by this section to the department
within 10 days of the investigation or prepa-
UDWLRQRIWKHUHSRUW
(3) Police reports submitted to the depart-
ment under this section are subject to release
move the vehicle or combination of vehicles to
a suitable place and remain standing while
D 8QLIRUP 7UDIÀF &LWDWLRQ DQG &RPSODLQW
is being issued and until such portion of the
load is removed as may be necessary to reduce
any dimension and any weight to the limits

Title 59 Page 212 (2015 Edition)

 (1)25&(0(172)),&,$/6
DXWKRUL]HGE\WKHVWDWXWHRUSHUPLW$OOPDWH-
rial or goods removed from the load shall be
removed and cared for by the driver, chauffeur
or owner of the vehicle or combination of vehi-
cles at the risk of the driver, chauffeur or owner
RIWKHYHKLFOH
 
vehicle repair warning described under ORS
WRWKHGULYHU7KHRIÀFHUPD\LQOLHX
of the issuance of the vehicle repair warning
or in combination therewith, issue a citation or
ZULWWHQZDUQLQJIRUWKHYLRODWLRQ>F
†F†@
 7KHSROLFHRIÀFHUPD\ZLWKLQWKHGLVFUH- 810.520 Vehicle repair warning. (1) A
WLRQRIWKHRIÀFHUSHUPLWWKHGULYHUWRSURFHHG vehicle repair warning issued under ORS
without removing the excess dimensions, or VKDOO
weights if the amount of excess weight does (a) Be in writing;
QRWH[FHHGWKHIROORZLQJ
(b) Require that the vehicle be placed in
___________________________________ a safe condition and its equipment in proper
 ,QGLYLGXDOZKHHO  SRXQGV repair and adjustment;
Axle 1,000 pounds (c) Specify the particulars with reference to
Tandem axles 2,000 pounds condition, equipment, repair or adjustments
required; and
Group of axles 3,000 pounds
(d) Require that approval of the repair or
Vehicle or DGMXVWPHQWEHREWDLQHGZLWKLQGD\V
combination (2) Approval required by this section may
of vehicles 4,000 pounds be obtained by presenting satisfactory proof
WRDQ\RIÀFHRIWKH2UHJRQ6WDWH3ROLFHWKDW
___________________________________ WKHGHIHFWKDVEHHQFRUUHFWHG
 'LVFUHWLRQDU\DFWLRQE\WKHSROLFHRIÀFHU
under this section does not relieve the driver
or chauffeur and owner of the vehicle or com-
bination of vehicles of any criminal or other
OLDELOLW\RUUHVSRQVLELOLW\
 ,IDQRZQHURUGULYHULVLVVXHGDYHKLFOH
repair warning described in this section, the
YHKLFOHGHVFULEHGLQWKHZDUQLQJ
(a) Shall be brought into compliance with
the warning and within 15 days the owner or
 )DLOXUHWRFRPSO\ZLWKDSROLFHRIÀFHU·V
directions under this section is subject to pen-
DOW\XQGHU256>F†
F†F†F†
F†F†@
810.500 Stopping and testing vehi-
cles for equipment violations. (1) A police
RIÀFHUPD\UHTXLUHWKHGULYHURIDYHKLFOHRU
combination of vehicles to stop the vehicle or
FRPELQDWLRQDQGVXEPLWWRWHVWVE\WKHRIÀFHU
driver must secure approval of the compliance;
or
(b) Shall not be operated upon the highways
RIWKLVVWDWH
(4) This section is not intended to preclude
the issuance of citations for equipment vio-
lations if repair or adjustment required by a
vehicle repair warning is not perfected within
GD\V
as may be appropriate to determine if the vehi-  ,QOLHXRIFRPSOLDQFHZLWKWKLVVHFWLRQWKH
FOHRUFRPELQDWLRQ vehicle shall not be operated on the highways
 D,VEHLQJGULYHQRUPRYHGRQDQ\VWUHHWRU
highway without having equipment required
by the vehicle code or without the equipment
in proper condition and adjustment as required
by the vehicle code; or
RIWKLVVWDWH>F†F†@
OTHER ENFORCEMENT OFFICIALS
810.530 Authority of weighmasters and
PRWRUFDUULHUHQIRUFHPHQWRIÀFHUV(1)
 E,VLQVXFKXQVDIHFRQGLWLRQDVWRHQGDQ- A weighmaster or motor carrier enforcement
JHUDQ\SHUVRQ RIÀFHULQZKRVHSUHVHQFHDQRIIHQVHGHVFULEHG
 $SROLFHRIÀFHUPXVWKDYHUHDVRQDEOH
cause to require that a vehicle or combination
be stopped and submitted to tests under this
VHFWLRQ>F†@
810.510 State police inspection for
mechanical condition and equipment.
in this subsection is committed may arrest
or issue a citation for the offense in the same
PDQQHUDVXQGHU256DVLIWKHZHLJK-
PDVWHURUPRWRUFDUULHUHQIRUFHPHQWRIÀFHU
ZHUHDSROLFHRIÀFHU7KLVVXEVHFWLRQDSSOLHV
WRWKHIROORZLQJRIIHQVHV
$VWDWHSROLFHRIÀFHUPD\UHTXLUHDSHUVRQ
driving a vehicle or combination of vehicles
on a street or highway to stop and submit the
vehicle or combination to an inspection of the
mechanical condition and equipment thereof
at any location where members of the Oregon
State Police are conducting tests and inspec-
tions of vehicles and when signs are displayed
UHTXLULQJVXFKVWRS
(a) Violation of maximum weight limits
XQGHU256
(b) Violation of posted weight limits under
256
(c) Violation of administratively imposed
ZHLJKWRUVL]HOLPLWVXQGHU256
(d) Violation of maximum size limits under
256
 ,IDYHKLFOHLQVSHFWHGXQGHUWKLVVHFWLRQ  H([FHHGLQJPD[LPXPQXPEHURIYHKLFOHV
is found to be in violation of any provision of LQFRPELQDWLRQXQGHU256
WKHYHKLFOHFRGHWKHSROLFHRIÀFHUPD\LVVXHD

Title 59 Page 213 (2015 Edition)

 OREGON VEHICLE CODE

(f) Violation of posted limits on use of road
XQGHU256
(g) Violation of towing safety requirements
XQGHU256
(h) Operating with sifting or leaking load
XQGHU256
(a) Repeatedly violating or avoiding
any order or rule of the Department of
7UDQVSRUWDWLRQ
(b) Repeatedly refusing or repeatedly fail-
ing, after being requested to do so, to furnish
VHUYLFHDXWKRUL]HGE\FHUWLÀFDWH
(i) Dragging objects on highway under ORS

(j) Unlawful use of devices without wheels
XQGHU256
(k) Unlawful use of metal objects on tires
XQGHU256
(L) Operation without pneumatic tires under
256
(m) Operation in violation of vehicle vari-
DQFHSHUPLWXQGHU256
(n) Failure to carry and display permit
XQGHU256
(o) Failure to comply with commercial vehi-
cle enforcement requirements under ORS

 F5HIXVLQJRUIDLOLQJWRÀOHWKHDQQXDO
UHSRUWDVUHTXLUHGE\256
(d) Refusing or failing to maintain records
required by the department or to produce such
records for examination as required by the
GHSDUWPHQW
(e) Failing to appear for a hearing after
QRWLFHWKDWWKHFDUULHU·VFHUWLÀFDWHRUSHUPLW
LVXQGHULQYHVWLJDWLRQ
(f) Filing with the department an applica-
tion that is false with regard to the ownership,
possession or control of the equipment being
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(g) Delinquency in reporting or paying any
fee, tax or penalty due to the department under
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(p) Violation of any provision of ORS chapter

(q) Operation without proper fenders or mud-
JXDUGVXQGHU256
(r) Operating a vehicle without driving priv-
LOHJHVLQYLRODWLRQRI256LIWKHSHUVRQ
is operating a commercial motor vehicle and
the person does not have commercial driving
SULYLOHJHV
(s) Violation driving while suspended or
UHYRNHG LQ YLRODWLRQ RI 256  LI WKH
person is operating a commercial motor vehicle
while the person’s commercial driving privi-
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(t) Failure to use vehicle traction tires or
FKDLQVLQYLRODWLRQRI256LIWKHSHUVRQ
is operating a motor vehicle subject to ORS
FKDSWHURU
(2) A weighmaster or motor carrier enforce-
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described in this subsection is committed by
a person operating a commercial motor vehicle
PD\LVVXHDFLWDWLRQIRUWKHRIIHQVH$ZHLJK-
PDVWHURUPRWRUFDUULHUHQIRUFHPHQWRIÀFHU
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this subsection has been committed by a person
 K5HIXVLQJRUIDLOLQJWRÀOHDGHSRVLWRU
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(i) Failing to comply with the applicable
requirements for attendance at a motor car-
rier education program as required by ORS

(3) A weighmaster or motor carrier enforce-
PHQWRIÀFHUZKRÀQGVHYLGHQFHWKDWDSHUVRQ
operating a commercial motor vehicle has
committed the offense of failure to pay the
appropriate registration fee under ORS
PD\LVVXHDFLWDWLRQIRUWKHRIIHQVHLQ
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the weighmaster or motor carrier enforcement
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(4) The authority of a weighmaster or motor
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or arrest under this section is subject to ORS
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(5)(a) A person is a weighmaster for pur-
poses of this section if the person is a county
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(b) A person is a motor carrier enforcement
RIÀFHUXQGHUWKLVVHFWLRQLIWKHSHUVRQLVGXO\
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operating a commercial motor vehicle or by a
motor carrier for which the person is acting as
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A weighmaster or motor carrier enforcement
RIÀFHULVVXLQJDFLWDWLRQXQGHUWKLVVXEVHFWLRQ
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issued under this subsection to the operator of
a commercial motor vehicle shall be considered
to have been issued to the motor carrier that
owns the commercial motor vehicle if the oper-
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to the following offenses, all of which are Class
 $ZHLJKPDVWHURUPRWRUFDUULHUHQIRUFH-
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PDQQHUDVDSROLFHRIÀFHUXQGHU256
DQGDQGPD\WDNHDVVHFXULW\IRUWKH
offenses, in addition to other security permit-
WHGXQGHUWKLVVHFWLRQWKHVXPÀ[HGDVWKH
SUHVXPSWLYHÀQHIRUWKHRIIHQVH
(7) A weighmaster or motor carrier enforce-
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of failure to appear in a violation proceeding
XQGHU256LIWKHYLRODWLRQLVEDVHG
upon a citation for any offense described in
$WUDIÀFYLRODWLRQVXQGHU256 subsection (1) or (3) of this section except those
GHVFULEHGLQVXEVHFWLRQSRIWKLVVHFWLRQ

Title 59 Page 214 (2015 Edition)

 (1)25&(0(172)),&,$/6
(8) A weighmaster or motor carrier enforce-
PHQWRIÀFHUPD\H[HUFLVHWKHVDPHDXWKRULW\DV
DSROLFHRIÀFHUXQGHU256WRHQIRUFH
YHKLFOHUHTXLUHPHQWVDQGGHWDLQYHKLFOHV$
person who fails to comply with the authority
of a weighmaster or motor carrier enforcement
RIÀFHUXQGHUWKLVVXEVHFWLRQLVVXEMHFWWRSHQ-
DOW\XQGHU256>F†
F†F†F†
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810.540 Enforcement of snowmobile
and all-terrain vehicles violations by
SHUVRQVRWKHUWKDQSROLFHRIÀFHUVGame
wardens and all other state law enforcement
RIÀFHUVZLWKLQWKHLUUHVSHFWLYHMXULVGLFWLRQV
shall enforce the provisions relating to snow-
mobiles and all-terrain vehicles under ORS
   DQG  WR
7KHDXWKRULW\JUDQWHGE\WKLVVHF-
tion to enforce laws relating to snowmobiles
and all-terrain vehicles is in addition to any
DXWKRULW\RISROLFHRIÀFHUVWRHQIRUFHVXFKODZV
>F†F†F†
F†DF†@
Title 59 Page 215
 
 $XWKRULW\RIUDLOURDGRIÀFHUV
to move illegally parked vehicles. When
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FRPPLVVLRQHGWRDFWDVDSROLFHRIÀFHUE\WKH
*RYHUQRUXQGHU256ÀQGVDYHKLFOH
parked or standing upon any railroad track or
within seven and one-half feet of the nearest
UDLOLQYLRODWLRQRI256WKHSHUVRQ
may move the vehicle, cause it to be moved or
require the driver or person in charge of the
vehicle to move it to a position more than seven
DQGRQHKDOIIHHWIURPWKHQHDUHVWUDLO>
F†@
 &HUWLÀFDWLRQDQGWUDLQLQJRI
commercial vehicle inspectors. Before an
HQIRUFHPHQWRIÀFLDOPD\FRQGXFWLQVSHFWLRQV
of commercial vehicles, drivers or cargoes for
purposes of enforcing rules adopted under
256DQGWKHRIÀFLDOVKDOO
EHWUDLQHGDQGFHUWLÀHGDVDFRPPHUFLDOYHKLFOH
inspector by the Department of Transporta-
WLRQ>F†@
_______________
(2015 Edition)
OREGON VEHICLE CODE

3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56

Chapter 811

(',7,21
RULES OF THE ROAD FOR DRIVERS

DUTIES TO PEDESTRIANS AND BICYCLES SPECIAL SAFETY MEASURES

811.005 Duty to exercise due care 811.145 Failure to yield to emergency vehicle
 )DLOXUHWRREH\WUDIÀFSDWUROPHPEHU or ambulance; penalty
penalty 811.147 Failure to maintain safe distance
 )DLOXUHWR\LHOGWRWUDIÀFSDWURO from emergency vehicle, roadside
member; penalty assistance vehicle, tow vehicle or
ambulance; penalty
811.020 Passing stopped vehicle at crosswalk;
penalty 811.150 Interference with emergency vehicle
or ambulance; exemptions; penalty
811.025 Failure to yield to pedestrian on side-
walk; penalty 811.155 Failure to stop for bus safety lights;
exemptions; penalty
811.028 Failure to stop and remain stopped
for pedestrian; penalty 811.157 Report by driver of violation of ORS
811.155; contents
811.030 Driving through safety zone; penalty
811.159 Law enforcement agency response to
811.035 Failure to stop and remain stopped report of violation of ORS 811.155
for pedestrian who is blind; penalty
 ,QWHUIHUHQFHZLWKUDLOÀ[HGJXLGHZD\
811.050 Failure to yield to rider on bicycle system operation; penalty
lane; penalty
811.165 Failure to stop for passenger loading
811.055 Failure to yield to bicyclist on side- of public transit vehicle; penalty
walk; penalty
811.167 Failure to yield right of way to transit
811.060 Vehicular assault of bicyclist or bus; rules; penalty
pedestrian; penalty
811.065 Unsafe passing of person operating
bicycle; penalty OPEN CONTAINER VIOLATIONS
811.170 Violation of open container law;
SPEED penalty

(Basic Rule) DISPOSING OF HUMAN WASTE

811.100 Violation of basic speed rule; penalty 811.172 Improperly disposing of human
811.105 Speeds that are evidence of basic rule waste; penalty
violation
811.108 Relationship between speed limits DRIVING WHILE SUSPENDED
and basic rule OR REVOKED
(Maximum Speeds) 811.175 Violation driving while suspended or
revoked; penalties
811.109 Penalties for speed violations  $IÀUPDWLYHGHIHQVHV
811.111 Violating a speed limit; penalty 811.182 Criminal driving while suspended or
811.124 Meaning of “children are present” in revoked; penalties
ORS 811.111

(Racing) DRIVER OFFENSES INVOLVING

PASSENGERS
811.125 Speed racing on highway; penalty
811.190 Operation with obstructing passen-
811.127 Organizing a speed racing event;
ger; penalty
penalty
811.193 Smoking, aerosolizing or vaporizing
,PSHGLQJ7UDIÀF in motor vehicle when child is pres-
ent; penalty
 ,PSHGLQJWUDIÀFSHQDOW\ 811.195 Having passenger in trailer; penalty
811.200 Carrying dog on external part of
CARELESS AND RECKLESS DRIVING vehicle; penalty
811.135 Careless driving; penalty 811.205 Carrying minor on external part of
vehicle; penalty
811.140 Reckless driving; penalty
 /HJLVODWLYHÀQGLQJVUHJDUGLQJ
restraint of children in motor
vehicles
811.210 Failure to properly use safety belts;
penalty
811.215 Exemptions from safety belt
requirements

Title 59 Page 217 (2015 Edition)

 OREGON VEHICLE CODE

 &HUWLÀFDWHVRIH[HPSWLRQIURPVDIHW\ (Turning)

belt requirement
811.335 Unlawful or unsignaled turn; penalty
811.225 Failure to maintain safety belts in
working order; penalty 811.340 Improperly executed left turn;
penalty
811.345 Failure to use special left turn lane;
HIGHWAY WORK ZONES penalty
 'HÀQLWLRQVÀQHQRWLFH 811.346 Misuse of special left turn lane;
penalty
811.231 Reckless endangerment of highway
workers; penalties 811.350 Dangerous left turn; penalty
 5HIXVLQJWRREH\ÁDJJHUSHQDOW\ 811.355 Improperly executed right turn;
penalty
811.233 Failure to yield right of way to high-
way worker; penalty 811.360 Vehicle turns permitted at stop light;
SURFHHGLQJDJDLQVWWUDIÀFFRQWURO
device; improperly proceeding at stop
SCHOOL ZONE PENALTIES light; penalty
 )LQHIRUWUDIÀFRIIHQVHVLQVFKRRO 811.365 Illegal U-turn; penalty
zones
(Lane Use)

GENERAL DRIVING RULES 811.370 Failure to drive within lane; excep-

tion; penalty
(Generally) 811.375 Unlawful or unsignaled change of
lane; penalty
811.250 Law applicable to vehicles registered 811.380 Improper use of center lane on three-
out of state lane road; penalty
811.255 Permitting unlawful operation of 811.385 Depriving motorcycle or moped of full
vehicle; penalty lane; penalty

7UDIÀF&RQWURO'HYLFHV (Signaling)
811.260 Appropriate driver responses to traf- 811.390 Unlawful use of lights to signal for
ÀFFRQWUROGHYLFHV passing; penalty
 'ULYHUIDLOXUHWRREH\WUDIÀFFRQWURO 811.395 Appropriate signals for stopping,
device; penalty turning, changing lanes and
811.270 Failure to obey one-way designation; decelerating
penalty 811.400 Failure to use appropriate signal for
turn, lane change, stop or exit from
(Right of Way) roundabout; penalty
811.275 Failure to yield right of way at uncon- 811.405 Failure to signal with lights; excep-
trolled intersection; penalty tions; penalty
811.277 Failure to yield right of way at uncon-
trolled T intersection; penalty (Passing)
811.280 Failure of driver entering roadway to 811.410 Unsafe passing on left; penalty
yield right of way; penalty 811.415 Unsafe passing on right; penalty
811.285 Failure of merging driver to yield 811.420 Passing in no passing zone; excep-
right of way; penalty tions; penalty
 2EVWUXFWLQJFURVVWUDIÀFSHQDOW\ 811.425 Failure of slower driver to yield to
811.292 Failure to yield right of way within overtaking vehicle; penalty
roundabout; exception; penalty
(Prohibited Places)
(Driving on the Right)
811.430 Driving on highway divider; excep-
811.295 Failure to drive on right; exceptions; tions; penalty
penalty 811.435 Operation of motor vehicle on bicycle
811.300 Failure to drive on right of approach- trail; exemptions; penalty
ing vehicle; exceptions; penalty 811.440 When motor vehicles may operate on
811.305 Driving on left on curve or grade or bicycle lane
at intersection or rail crossing; excep- 811.445 Use of throughway when prohibited;
tions; penalty penalty
811.310 Crossing center line on two-way, four- 811.450 Violation of posted truck routes;
lane road; exceptions; penalty defense; penalty
811.315 Failure of slow driver to drive on
right; exceptions; penalty (Rail Crossings)
811.320 Failure to drive to right on divided 811.455 Failure to stop for railroad signal;
highway; exceptions; penalty penalty
811.325 Failure to keep camper, trailer or 811.460 Failure to follow rail crossing
truck in right lane; exceptions; procedures for high-risk vehicles;
penalty application; penalty
 'ULYLQJZURQJZD\DURXQGWUDIÀF 811.462 Failure of operator of commercial
island; penalty motor vehicle to slow down and check
tracks; penalty

Title 59 Page 218 (2015 Edition)

 58/(62)7+(52$')25'5,9(56

811.465 Exemptions from high-risk vehicle 811.570 Improperly positioning parallel

rail crossing procedures SDUNHGYHKLFOHH[FHSWLRQDIÀUPDWLYH
811.470 Improper movement of heavy defense; penalty
equipment across rail crossing; appli- 811.575 Violation of posted parking restric-
cation; penalty WLRQVRQVWDWHKLJKZD\VDIÀUPDWLYH
811.475 Obstructing rail crossing; penalty defense; penalty
811.580 Parking vehicle on state highway for
(Miscellaneous) vending purposes; penalty
 )DLOXUHWRVHFXUHPRWRUYHKLFOHDIÀU-
811.480 Illegal backing; penalty
mative defense; penalty
811.481 Unlawful use of marijuana while driv-
811.587 Unlawful parking in space reserved
ing; penalty
for alternative fuel vehicle refueling;
811.483 Safety corridors; penalty penalty
811.485 Following too closely; penalty
811.490 Improper opening or leaving open of (Winter Recreation Parking Areas)
vehicle door; penalty 811.590 Unlawful parking in winter rec-
811.492 Engine braking; penalty; exception reation parking area; exemptions;
811.495 Unlawful coasting on downgrade; penalty
exception; penalty 811.595 Winter recreation parking permit;
811.500 Unlawful stop or deceleration; rules; fees
penalty 811.600 Fees for winter recreation parking
811.505 Failure to stop when emerging from permits
alley, driveway or building; penalty
(Parking for Persons With Disabilities)
811.507 Operating motor vehicle while using
mobile communication device; excep- 811.602 Disabled person parking permit; con-
tions; penalty tent; rules
811.510 Dangerous operation around live-  3DUNLQJLGHQWLÀFDWLRQFDUGZLWKRXW
stock; penalty photograph; issuance; rules
811.512 Unlawfully operating low-speed vehi- 811.604 Application for disabled person park-
cle on highway; penalty ing permit
811.513 Unlawfully operating medium-speed 811.605 Contents of individual placard or
electric vehicle on highway; penalty decal
811.514 Unlawfully operating racing activity 811.606 Parking permit for person with tem-
vehicle on highway; penalty porary disability
811.607 Program placards; rules
USE OF LIGHTS AND WARNINGS 811.609 Family placards
811.611 Foreign visitor placard
(Lights) 811.612 Maintenance of privileges after
relocation
811.515 When lights must be displayed; kind
of light; number; direction; use on 811.613 Wheelchair User placard; rules
certain vehicles 811.615 Unlawful parking in space reserved
811.520 Unlawful use or failure to use lights; for persons with disabilities; excep-
penalty tions; penalty
811.525 Exemptions from requirements for 811.617 Blocking parking space reserved for
use of lights persons with disabilities; penalty
811.526 Safety campaign for use of headlights 811.620 Removal of vehicle illegally parked
in space reserved for persons with
(Flares) disabilities
811.625 Unlawful use of disabled person park-
811.530 Failure to post warnings for disabled ing permit; penalty
vehicle; application; penalty
811.627 Use of invalid disabled person park-
ing permit; penalty
OBEYING POLICE 811.630 Misuse of program placard; penalty
 )DLOLQJWRREH\SROLFHRIÀFHUSHQDOW\ 811.632 Appointment of volunteers to issue
811.540 Fleeing or attempting to elude police citations
RIÀFHUSHQDOW\ 811.635 Privileges granted by disabled person
parking permit other than program
placard
PARKING, STOPPING AND STANDING 811.637 Privileges granted by program
placards
(Generally)
811.550 Places where stopping, standing and ACCIDENTS
parking prohibited
811.555 Illegal stopping, standing or parking; (Duties)
DIÀUPDWLYHGHIHQVHSHQDOW\
811.560 Exemptions from prohibitions on 811.700 Failure to perform duties of driver
stopping, standing or parking when property is damaged; penalty
811.565 Dangerous movement of stopped, 811.705 Failure to perform duties of driver to
standing or parked vehicle; penalty injured persons; penalty

Title 59 Page 219 (2015 Edition)

 OREGON VEHICLE CODE
811.706 Money damages resulting from viola-
tion of ORS 811.700 or 811.705
 &ULPHFODVVLÀFDWLRQIRUYLRODWLRQRI
ORS 811.705
811.710 Failure to perform duties of driver
when animal is injured; penalty
811.715 Failure to perform duties of witness
to accident; penalty
811.717 Failure to remove motor vehicle from
roadway; penalty
(Reports)
811.720 When accident must be reported to
Department of Transportation
811.725 Driver failure to report accident
to Department of Transportation;
penalty
811.730 Owner failure to report accident
to Department of Transportation;
penalty
811.735 Failure of vehicle occupant to make
accident report to Department of
Transportation; penalty
811.740 False accident report; penalty
811.745 When accident must be reported to
SROLFHRIÀFHURUODZHQIRUFHPHQW
agency
Title 59 Page 220
 'HÀQLWLRQVIRU256DQG
811.750
811.748 Driver failure to report accident to
SROLFHRIÀFHURUODZHQIRUFHPHQW
agency; penalty
811.750 Failure of vehicle occupant to make
DFFLGHQWUHSRUWWRSROLFHRIÀFHURU
law enforcement agency; penalty
FUNERAL PROCESSIONS
811.800 Operation of funeral vehicles with
improper lights; penalty
811.802 Failure to yield right of way to
funeral procession; penalty
811.804 Intersection rules for funeral
processions
811.806 Exceeding maximum speed for
funeral procession; penalty
811.808 Exemption from speed limits for
funeral escort vehicle
811.810 Disrupting funeral procession;
penalty
811.812 Free passage for funeral procession
vehicles
(2015 Edition)
 58/(62)7+(52$')25'5,9(56  

DUTIES TO PEDESTRIANS 811.025 Failure to yield to pedestrian

AND BICYCLES
811.005 Duty to exercise due care. None
of the provisions of the vehicle code relieve a
pedestrian from the duty to exercise due care
or relieve a driver from the duty to exercise
GXHFDUHFRQFHUQLQJSHGHVWULDQV>F
†@
811.010>F†F†
F†UHSHDOHGE\F†@
 )DLOXUHWRREH\WUDIÀFSDWURO
member; penalty. (1) The driver of a vehicle
FRPPLWVWKHRIIHQVHRIIDLOXUHWRREH\DWUDIÀF
SDWUROPHPEHULI ure to stop and remain stopped for a pedestrian
(a) A traffic patrol member makes a
cautionary sign or signal to indicate that stu-
on sidewalk; penalty. (1) The driver of a
vehicle commits the offense of failure to yield
to a pedestrian on a sidewalk if the driver does
not yield the right of way to any pedestrian on
DVLGHZDON
(2) The offense described in this section,
failure to yield to a pedestrian on a sidewalk,
LVD&ODVV%WUDIÀFYLRODWLRQ>F†
F†@
811.028 Failure to stop and remain
stopped for pedestrian; penalty. (1) The
driver of a vehicle commits the offense of fail-
if the driver does not stop and remain stopped
IRUDSHGHVWULDQZKHQWKHSHGHVWULDQLV
dents have entered or are about to enter the  D3URFHHGLQJLQDFFRUGDQFHZLWKDWUDIÀF
FURVVZDONXQGHUWKHWUDIÀFSDWUROPHPEHU·V FRQWUROGHYLFHDVSURYLGHGXQGHU256
direction; and or crossing the roadway in a crosswalk; and
(b) The driver does not stop and remain  E,QDQ\RIWKHIROORZLQJORFDWLRQV
stopped for students who are in or entering the  $,QWKHODQHLQZKLFKWKHGULYHU·VYHKLFOH
crosswalk from either direction on the street is traveling;
RQZKLFKWKHGULYHULVRSHUDWLQJ  %,QDODQHDGMDFHQWWRWKHODQHLQZKLFK
 7UDIÀFSDWUROPHPEHUVGHVFULEHGLQWKLV the driver’s vehicle is traveling;
VHFWLRQDUHWKRVHSURYLGHGXQGHU256  &,QWKHODQHLQWRZKLFKWKHGULYHU·VYHKLFOH
WR is turning;
(3) The offense described in this section,
IDLOXUHWRREH\DWUDIÀFSDWUROPHPEHULVD
&ODVV$WUDIÀFYLRODWLRQ>F†
F†F†@
 )DLOXUHWR\LHOGWRWUDIÀFSDWURO
member; penalty. (1) The driver of a vehicle
 ',QDODQHDGMDFHQWWRWKHODQHLQWRZKLFK
the driver’s vehicle is turning, if the driver is
making a turn at an intersection that does
QRWKDYHDWUDIÀFFRQWUROGHYLFHXQGHUZKLFK
a pedestrian may proceed as provided under
256RU
commits the offense of failure to yield to a traf-  (/HVVWKDQVL[IHHWIURPWKHODQHLQWR
ÀFSDWUROPHPEHULIWKHGULYHUIDLOVWRVWRSDQG which the driver’s vehicle is turning, if the
\LHOGWKHULJKWRIZD\WRDWUDIÀFSDWUROPHPEHU driver is making a turn at an intersection
ZKR WKDWKDVDWUDIÀFFRQWUROGHYLFHXQGHUZKLFK
(a) Has entered a crosswalk for the purpose a pedestrian may proceed as provided under
of directing students who have entered or are 256
about to enter the crosswalk; and (2) For the purpose of this section, a bicycle
 E,VFDUU\LQJDÁDJRUZHDULQJVRPHWKLQJ lane or the part of a roadway where a vehicle
WKDWLGHQWLÀHVWKHSHUVRQDVDWUDIÀFSDWURO stops, stands or parks that is adjacent to a
PHPEHU lane of travel is considered to be part of that
  )RU SXUSRVHV RI WKLV VHFWLRQ ´WUDIÀF
SDWUROµKDVWKHPHDQLQJJLYHQWKDWWHUPLQ
256
(3) The offense described in this section,
IDLOXUHWR\LHOGWRDWUDIÀFSDWUROPHPEHULVD
&ODVV$WUDIÀFYLRODWLRQ>F†@
811.020 Passing stopped vehicle at
crosswalk; penalty. (1) The driver of a vehi-
cle commits the offense of passing a stopped
YHKLFOHDWDFURVVZDONLIWKHGULYHU head crossing has been provided at or near a
(a) Approaches from the rear another vehicle
that is stopped at a marked or an unmarked
crosswalk at an intersection to permit a pedes-
trian to cross the roadway; and
(b) Overtakes and passes the stopped
YHKLFOH
(2) The offense described in this section,
passing a stopped vehicle at a crosswalk, is a
&ODVV%WUDIÀFYLRODWLRQ>F†@
Title 59 Page 221
DGMDFHQWODQHRIWUDYHO
(3) This section does not require a driver
to stop and remain stopped for a pedestrian
XQGHUDQ\RIWKHIROORZLQJFLUFXPVWDQFHV
(a) Upon a roadway with a safety island, if
the driver is proceeding along the half of the
roadway on the far side of the safety island
from the pedestrian; or
(b) Where a pedestrian tunnel or over-
FURVVZDON
(4) For the purposes of this section, a pedes-
trian is crossing the roadway in a crosswalk
when any part or extension of the pedestrian,
including but not limited to any part of the
pedestrian’s body, wheelchair, cane, crutch or
bicycle, moves onto the roadway in a crosswalk
ZLWKWKHLQWHQWWRSURFHHG
(5) The offense described in this section,
failure to stop and remain stopped for a
(2015 Edition)
 OREGON VEHICLE CODE
SHGHVWULDQLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
811.030 Driving through safety zone;
penalty. (1) The driver of a vehicle commits
the offense of driving through a safety zone if
the driver at any time drives through or within
DQ\DUHDRUVSDFHRIÀFLDOO\VHWDSDUWZLWKLQD
roadway for the exclusive use of pedestrians
and which is protected or is so marked or indi-
cated by adequate signs as to be plainly visible
DWDOOWLPHVZKLOHVHWDSDUWDVDVDIHW\]RQH
(2) The offense described in this section,
driving through a safety zone, is a Class B
WUDIÀFYLRODWLRQ>F†F
†@
811.035 Failure to stop and remain
stopped for pedestrian who is blind; pen-
alty. (1) The driver of a vehicle commits the
offense of failure to stop and remain stopped for
a pedestrian who is blind if the driver violates
DQ\RIWKHIROORZLQJ violation of this section when a bicyclist is oper-
(a) A driver approaching a pedestrian who is
blind or blind and deaf, who is carrying a white
cane or accompanied by a dog guide, and who
is crossing or about to cross a roadway, shall
stop and remain stopped until the pedestrian
KDVFURVVHGWKHURDGZD\
yield to a rider on a bicycle lane if the person is
operating a motor vehicle and the person does
not yield the right of way to a person operating
a bicycle, electric assisted bicycle, electric per-
sonal assistive mobility device, moped, motor
assisted scooter or motorized wheelchair upon
DELF\FOHODQH
(2) This section does not require a person
operating a moped to yield the right of way to a
bicycle or a motor assisted scooter if the moped
is operated on a bicycle lane in the manner
SHUPLWWHGXQGHU256
(3) The offense described in this section,
failure of a motor vehicle operator to yield to
DULGHURQDELF\FOHODQHLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†
F†F†F†
F†@
811.055 Failure to yield to bicyclist on
sidewalk; penalty. (1) The driver of a motor
vehicle commits the offense of failure to yield
the right of way to a bicyclist on a sidewalk if
the driver does not yield the right of way to any
ELF\FOLVWRQDVLGHZDON
(2) The driver of a motor vehicle is not in
DWLQJLQYLRODWLRQRI2561RWKLQJLQ
this subsection relieves the driver of a motor
YHKLFOHIURPWKHGXW\WRH[HUFLVHGXHFDUH
(3) The offense described in this section, fail-
ure to yield the right of way to a bicyclist on a
VLGHZDONLVD&ODVV%WUDIÀFYLRODWLRQ>
 E:KHUHWKHPRYHPHQWRIYHKLFXODUWUDIÀF
LVUHJXODWHGE\WUDIÀFFRQWUROGHYLFHVDGULYHU
approaching a pedestrian who is blind or blind
and deaf shall stop and remain stopped until
the pedestrian has vacated the roadway if the
pedestrian has entered the roadway and is car-
rying a white cane or is accompanied by a dog
JXLGH7KLVSDUDJUDSKDSSOLHVQRWZLWKVWDQGLQJ
any other provisions of the vehicle code relating
WRWUDIÀFFRQWUROGHYLFHV
(2) This section is subject to the provisions
DQGGHÀQLWLRQVUHODWLQJWRWKHULJKWVRISHGHV-
trians who are blind or blind and deaf under
256
(3) For the purposes of this section, a pedes-
trian is crossing the roadway when any part or
extension of the pedestrian, including but not
limited to any part of the pedestrian’s body,
wheelchair, cane, crutch, bicycle or leashed
animal, moves onto the roadway with the
LQWHQWWRSURFHHG
(4) The offense described in this section, fail-
ure to stop and remain stopped for a pedestrian
ZKRLVEOLQGLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F†
F†F†@
811.040>F†F†
F†UHSHDOHGE\F†@
811.045>F†F†
UHSHDOHGE\F†@
811.050 Failure to yield to rider on bicy-
cle lane; penalty. (1) A person commits the
offense of failure of a motor vehicle operator to
Title 59 Page 222
F†F†F†@
811.060 Vehicular assault of bicyclist
or pedestrian; penalty. (1) For the purposes
RIWKLVVHFWLRQ´UHFNOHVVO\µKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256
(2) A person commits the offense of vehicular
DVVDXOWRIDELF\FOLVWRUSHGHVWULDQLI
(a) The person recklessly operates a vehi-
cle upon a highway in a manner that results
in contact between the person’s vehicle and a
bicycle operated by a person, a person operating
a bicycle or a pedestrian; and
(b) The contact causes physical injury to the
SHUVRQRSHUDWLQJDELF\FOHRUWKHSHGHVWULDQ
(3) The offense described in this section,
vehicular assault of a bicyclist or pedestrian,
LVD&ODVV$PLVGHPHDQRU>F†@
811.065 Unsafe passing of person oper-
ating bicycle; penalty. (1) A driver of a motor
vehicle commits the offense of unsafe passing
of a person operating a bicycle if the driver
YLRODWHVDQ\RIWKHIROORZLQJUHTXLUHPHQWV
(a) The driver of a motor vehicle may only
pass a person operating a bicycle by driving
to the left of the bicycle at a safe distance and
returning to the lane of travel once the motor
YHKLFOHLVVDIHO\FOHDURIWKHRYHUWDNHQELF\FOH
For the purposes of this paragraph, a “safe
GLVWDQFHµPHDQVDGLVWDQFHWKDWLVVXIÀFLHQW
to prevent contact with the person operating
the bicycle if the person were to fall into the
GULYHU·VODQHRIWUDIÀF7KLVSDUDJUDSKGRHVQRW
DSSO\WRDGULYHURSHUDWLQJDPRWRUYHKLFOH
(2015 Edition)
 58/(62)7+(52$')25'5,9(56  

 $,QDODQHWKDWLVVHSDUDWHIURPDQGDGMD-  F7KLVVHFWLRQDQG256HVWDEOLVK
cent to a designated bicycle lane; limitation on speeds that are in addition to
(B) At a speed not greater than 35 miles per VSHHGOLPLWVHVWDEOLVKHGLQ256
hour; or
(C) When the driver is passing a person
operating a bicycle on the person’s right side
and the person operating the bicycle is turning
OHIW
(b) The driver of a motor vehicle may drive
to the left of the center of a roadway to pass a
person operating a bicycle proceeding in the
same direction only if the roadway to the left
RIWKHFHQWHULVXQREVWUXFWHGIRUDVXIÀFLHQW
distance to permit the driver to pass the person
operating the bicycle safely and avoid interfer-
HQFHZLWKRQFRPLQJWUDIÀF7KLVSDUDJUDSK
does not authorize driving on the left side of
the center of a roadway when prohibited under
256RUWR
(c) The driver of a motor vehicle that passes
a person operating a bicycle shall return to an
DXWKRUL]HGODQHRIWUDIÀFDVVRRQDVSUDFWLFDEOH
(2) Passing a person operating a bicycle in
DQRSDVVLQJ]RQHLQYLRODWLRQRI256
constitutes prima facie evidence of commission
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, violation of the basic speed rule
by exceeding a designated speed posted under
256LVSXQLVKDEOHDVSURYLGHGLQ256

(4) The offense described in this section, vio-
ODWLQJWKHEDVLFVSHHGUXOHLVD&ODVV%WUDIÀF
violation if the person drives a vehicle upon a
highway at a speed that is not reasonable and
prudent under the circumstances described in
subsection (1) of this section even though the
speed is lower than the appropriate speed spec-
LÀHGLQ256DVSULPDIDFLHHYLGHQFH
RIYLRODWLRQRIWKHEDVLFVSHHGUXOH>F
†F†F†F
†F†F†@
811.105 Speeds that are evidence of
basic rule violation. (1) Any speed in excess
of a designated speed posted by authority
JUDQWHGXQGHU256LVSULPDIDFLH
evidence of violation of the basic speed rule
XQGHU256
of the offense described in this section, unsafe
passing of a person operating a bicycle, if the
passing results in injury to or the death of the
SHUVRQRSHUDWLQJWKHELF\FOH
(3) The offense described in this section,
unsafe passing of a person operating a bicycle,
LVD&ODVV%WUDIÀFYLRODWLRQ>F†@
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of the Oregon Vehicle Code by legislative action
  ,I QR GHVLJQDWHG VSHHG LV SRVWHG E\
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speed in excess of one of the following speeds
is prima facie evidence of violation of the basic
VSHHGUXOH
(a) Fifteen miles per hour when driving on
DQDOOH\RUDQDUURZUHVLGHQWLDOURDGZD\
(b) Twenty miles per hour in a business
GLVWULFW
but was not added to ORS chapter 811 or any  F7ZHQW\ÀYHPLOHVSHUKRXULQDQ\SXEOLF
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG SDUN
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SPEED
(Basic Rule)
811.100 Violation of basic speed rule;
penalty. (1) A person commits the offense of
 G7ZHQW\ÀYHPLOHVSHUKRXURQDKLJKZD\
LQDUHVLGHQFHGLVWULFWLI
(A) The residence district is not located
within a city; and
(B) The highway is neither an arterial nor
DFROOHFWRUKLJKZD\
violating the basic speed rule if the person  H)LIW\ÀYHPLOHVSHUKRXULQORFDWLRQVQRW
drives a vehicle upon a highway at a speed RWKHUZLVHGHVFULEHGLQWKLVVHFWLRQ>F
greater than is reasonable and prudent, having †F†F†
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F†F†F†
 D7KHWUDIÀF F†@
 E7KHVXUIDFHDQGZLGWKRIWKHKLJKZD\ 811.106>F†F†
 F7KHKD]DUGDWLQWHUVHFWLRQV F†F††DEUHQXPEHUHG
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811.108 Relationship between speed
 H9LVLELOLW\ limits and basic rule. (1) The speed limits
 I$Q\RWKHUFRQGLWLRQVWKHQH[LVWLQJ
(2) The following apply to the offense
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(a) The offense is as applicable on an alley
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(b) Speeds that are prima facie evidence of
violation of this section are established by ORS

Title 59 Page 223
HVWDEOLVKHGE\256GRQRWDXWKRUL]H
speeds higher than those required for compli-
DQFHZLWKWKHEDVLFVSHHGUXOH
(2) The basic speed rule does not authorize
speeds higher than those established as speed
OLPLWVE\256>F†
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(2015 Edition)
 OREGON VEHICLE CODE

(Maximum Speeds) >F†F†

F†F††@
811.109 Penalties for speed violations.
9LRODWLRQRIDVSHFLÀFVSHHGOLPLWLPSRVHG
under law or of a posted speed limit is punish-
DEOHDVIROORZV †F†UHSHDOHGE\F
(a) One to 10 miles per hour in excess of the
VSHHGOLPLWLVD&ODVV'WUDIÀFYLRODWLRQ
(b) 11 to 20 miles per hour in excess of the
VSHHGOLPLWLVD&ODVV&WUDIÀFYLRODWLRQ
(c) 21 to 30 miles per hour in excess of the
VSHHGOLPLWLVD&ODVV%WUDIÀFYLRODWLRQ
(d) Over 30 miles per hour in excess of the
VSHHGOLPLWLVD&ODVV$WUDIÀFYLRODWLRQ
(2) Notwithstanding subsection (1) of this
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RUJUHDWHUDQG subsection, drives any of the following vehi-
(a) The person is exceeding the speed limit
by 10 miles per hour or less, the offense is a
&ODVV&WUDIÀFYLRODWLRQ
(b) The person is exceeding the speed limit
by more than 10 miles per hour but not more
than 20 miles per hour, the offense is a Class
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(c) The person is exceeding the speed limit
by more than 20 miles per hour, the offense is
811.110>F†F†
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811.111 Violating a speed limit; penalty.
(1) A person commits the offense of violating a
VSHHGOLPLWLIWKHSHUVRQ
(a) Drives a vehicle on an interstate highway,
except for the portions of interstate highway
described in subsection (2) of this section, at
DVSHHGJUHDWHUWKDQPLOHVSHUKRXURULID
GLIIHUHQWVSHHGLVSRVWHGXQGHU256
DWDVSHHGJUHDWHUWKDQWKHSRVWHGVSHHG
(b) Notwithstanding paragraph (a) of this
cles at a speed greater than 55 miles per hour
on any highway, except for the portions of
highway described in subsections (2) to (11) of
this section, or, if a different speed is posted
XQGHU256DWDVSHHGJUHDWHUWKDQ
WKHSRVWHGVSHHG
(A) A motor truck with a gross vehicle weight
rating of more than 10,000 pounds or a truck
tractor with a gross vehicle weight rating of
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(3) Violation of the basic speed rule by  &$VFKRRODFWLYLW\YHKLFOH
exceeding a designated speed posted under
256LVSXQLVKDEOHDVIROORZV  '$ZRUNHUWUDQVSRUWEXV
(a) One to 10 miles per hour in excess of the
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(b) 11 to 20 miles per hour in excess of the
GHVLJQDWHGVSHHGLVD&ODVV&WUDIÀFYLRODWLRQ
(c) 21 to 30 miles per hour in excess of the
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(d) Over 30 miles per hour in excess of the
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 ($EXVRSHUDWHGIRUWUDQVSRUWLQJFKLOGUHQ
to and from church or an activity or function
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(F) Any vehicle used in the transportation
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(c) Drives a vehicle or conveyance on any
part of the ocean shore in this state at a speed
JUHDWHUWKDQDQ\RIWKHIROORZLQJ
(A) Any designated speed for ocean shores
 ,QDGGLWLRQWRDÀQHLPSRVHGXQGHUVXE- that is established and posted under ORS
section (1), (2) or (3) of this section, a court may 
order a suspension of driving privileges for up
to 30 days if a person exceeds a speed limit or
designated speed by more than 30 miles per
hour and the person has received at least one
SULRUFRQYLFWLRQXQGHU256RU
within 12 months of the date of the current
RIIHQVH
(5) Notwithstanding subsections (1) to (3) of
this section, if a person drives 100 miles per
hour or greater when the person commits a
violation described in this section, the person
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 %,IQRGHVLJQDWHGVSHHGLVSRVWHGXQGHU
256PLOHVSHUKRXU
(d) Drives a vehicle upon a highway in any
city at a speed greater than a speed posted by
DXWKRULW\JUDQWHGXQGHU256RULIQR
GHVLJQDWHGVSHHGLVSRVWHGWKHIROORZLQJ
(A) Fifteen miles per hour when driving on
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(B) Twenty miles per hour in a business
GLVWULFW
SUHVXPSWLYHÀQHIRUDYLRODWLRQXQGHUWKLVVXE-  &7ZHQW\ÀYHPLOHVSHUKRXULQDSXEOLF
section is $1,150, and upon conviction the court SDUN
shall order a suspension of driving privileges
IRUQRWOHVVWKDQGD\VQRUPRUHWKDQGD\V  '7ZHQW\ÀYHPLOHVSHUKRXURQDKLJKZD\
in a residence district if the highway is not an
 :KHQDFRXUWRUGHUVDVXVSHQVLRQXQGHU DUWHULDOKLJKZD\
subsection (4) or (5) of this section, the court
shall prepare and send to the Department  (6L[W\ÀYHPLOHVSHUKRXURQDQLQWHUVWDWH
of Transportation an order of suspension of KLJKZD\
GULYLQJSULYLOHJHVRIWKHSHUVRQ8SRQUHFHLSW  ))LIW\ÀYHPLOHVSHUKRXULQORFDWLRQVQRW
of an order under this subsection, the depart- RWKHUZLVHGHVFULEHGLQWKLVSDUDJUDSK
ment shall take action as directed under ORS

Title 59 Page 224 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

(e) Drives a vehicle in a school zone at a Valley Falls and ending in La Pine at a speed
speed greater than 20 miles per hour if the JUHDWHUWKDQ
VFKRRO]RQHLV (a) Sixty miles per hour for vehicles
(A) A segment of highway described in ORS described in subsection (1)(b) of this section; or
DDQG  E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
 L7KHVFKRRO]RQHKDVDÁDVKLQJOLJKWXVHG YHKLFOHV
DVDWUDIÀFFRQWUROGHYLFHDQGRSHUDWHGDVSUR- (7) A person commits the offense of violating
YLGHGXQGHU256RU a speed limit if the person drives a vehicle on
 LL,IWKHVFKRRO]RQHGRHVQRWKDYHDÁDVK- the portion of State Highway 78 beginning in
LQJOLJKWXVHGDVDWUDIÀFFRQWUROGHYLFHWKH Burns Junction and ending in Burns at a speed
SHUVRQGULYHVLQWKHVFKRRO]RQHEHWZHHQDP JUHDWHUWKDQ
DQGSPRQDGD\ZKHQVFKRROLVLQVHVVLRQ (a) Sixty miles per hour for vehicles
 %$FURVVZDONGHVFULEHGLQ256 described in subsection (1)(b) of this section; or
EDQG  E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
 L$ÁDVKLQJOLJKWLVXVHGDVDWUDIÀFFRQWURO
device and operated as provided under ORS
RU
(ii) Children are present, as described in
256
(2) A person commits the offense of violating
a speed limit if the person drives a vehicle on
WKHSRUWLRQRI,QWHUVWDWHEHJLQQLQJDWWKH
YHKLFOHV
(8) A person commits the offense of violating
a speed limit if the person drives a vehicle on
the portion of State Highway 395 beginning
in Burns and ending in John Day at a speed
JUHDWHUWKDQ
(a) Sixty miles per hour for vehicles
described in subsection (1)(b) of this section; or
eastern city limit of The Dalles and ending at  E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
WKH,GDKRVWDWHOLQHDWDVSHHGJUHDWHUWKDQ YHKLFOHV
 D6L[W\ÀYHPLOHVSHUKRXUIRUYHKLFOHV
described in subsection (1)(b) of this section; or
(b) Seventy miles per hour for all other
YHKLFOHV
(3) A person commits the offense of violating
a speed limit if the person drives a vehicle on
the portion of State Highway 95 beginning at
(9) A person commits the offense of violating
a speed limit if the person drives a vehicle on
the portion of State Highway 395 beginning in
Riley and ending at the California state line
DWDVSHHGJUHDWHUWKDQ
(a) Sixty miles per hour for vehicles
described in subsection (1)(b) of this section; or
WKH,GDKRVWDWHOLQHDQGHQGLQJDWWKH1HYDGD  E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
VWDWHOLQHDWDVSHHGJUHDWHUWKDQ YHKLFOHV
 D6L[W\ÀYHPLOHVSHUKRXUIRUYHKLFOHV
described in subsection (1)(b) of this section; or
(b) Seventy miles per hour for all other
YHKLFOHV
(4) A person commits the offense of violating
a speed limit if the person drives a vehicle on
the portion of State Highway 20 beginning in
(10) A person commits the offense of violat-
ing a speed limit if the person drives a vehicle
on the portion of Oregon Route 205 beginning
in Burns and ending in Frenchglen at a speed
JUHDWHUWKDQ
(a) Sixty miles per hour for vehicles
described in subsection (1)(b) of this section; or
Bend and ending in Ontario at a speed greater  E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
WKDQ YHKLFOHV
(a) Sixty miles per hour for vehicles (11) A person commits the offense of violat-
described in subsection (1)(b) of this section; or ing a speed limit if the person drives a vehicle
 E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
YHKLFOHV
(5) A person commits the offense of violating
a speed limit if the person drives a vehicle on
the portion of State Highway 197 beginning
RQWKHSRUWLRQRI6WDWH+LJKZD\EHJLQQLQJ
in John Day and ending in Vale at a speed
JUHDWHUWKDQ
(a) Sixty miles per hour for vehicles
described in subsection (1)(b) of this section; or
in The Dalles and ending at its intersection  E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
with State Highway 97 and the portion of State YHKLFOHV
Highway 97 beginning at its intersection with
6WDWH+LJKZD\DQGHQGLQJLQ.ODPDWK (12) The speed limits described in subsec-
)DOOVDWDVSHHGJUHDWHUWKDQ tions (3) to (5) of this section do not apply to
portions of highways inside of a city in this
(a) Sixty miles per hour for vehicles VWDWH
described in subsection (1)(b) of this section; or
(13) The offense described in this section,
 E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU violating a speed limit, is punishable as pro-
YHKLFOHV YLGHGLQ256>F†
 $SHUVRQFRPPLWVWKHRIIHQVHRIYLRODWLQJ F†DF†F†
a speed limit if the person drives a vehicle on F†F†F†
the portion of State Highway 31 beginning in F†@

Title 59 Page 225 (2015 Edition)

 OREGON VEHICLE CODE

Note 7KH DPHQGPHQWV WR  E\ (A) A segment of highway described in ORS
VHFWLRQFKDSWHU2UHJRQ/DZV DDQG
EHFRPHRSHUDWLYH0DUFK6HHVHFWLRQ  L7KHVFKRRO]RQHKDVDÁDVKLQJOLJKWXVHG
FKDSWHU2UHJRQ/DZV7KHWH[W DVDWUDIÀFFRQWUROGHYLFHDQGRSHUDWHGDVSUR-
WKDWLVRSHUDWLYHXQWLO0DUFKLQFOXG- YLGHGXQGHU256RU
ing amendments by section 2, chapter 139,
Oregon Laws 2015, and section 5, chapter 283,
Oregon Laws 2015, is set forth for the user’s
FRQYHQLHQFH
811.111. (1) A person commits the offense of
 LL,IWKHVFKRRO]RQHGRHVQRWKDYHDÁDVKLQJ
OLJKWXVHGDVDWUDIÀFFRQWUROGHYLFHWKHSHUVRQ
GULYHVLQWKHVFKRRO]RQHEHWZHHQDPDQG
SPRQDGD\ZKHQVFKRROLVLQVHVVLRQ
YLRODWLQJDVSHHGOLPLWLIWKHSHUVRQ  %$FURVVZDONGHVFULEHGLQ256
EDQG
(a) Drives a vehicle on an interstate highway
DWDVSHHGJUHDWHUWKDQPLOHVSHUKRXURULI  L$ÁDVKLQJOLJKWLVXVHGDVDWUDIÀFFRQWURO
DGLIIHUHQWVSHHGLVSRVWHGXQGHU256 device and operated as provided under ORS
DWDVSHHGJUHDWHUWKDQWKHSRVWHGVSHHG
(b) Notwithstanding paragraph (a) of this
subsection, drives any of the following vehicles
at a speed greater than 55 miles per hour on
any highway or, if a different speed is posted
RU
(ii) Children are present, as described in
256
(2) The offense described in this section, vio-
lating a speed limit, is punishable as provided
XQGHU256DWDVSHHGJUHDWHUWKDQ
WKHSRVWHGVSHHG
(A) A motor truck with a gross vehicle weight
rating of more than 10,000 pounds or a truck
tractor with a gross vehicle weight rating of
PRUHWKDQSRXQGV
LQ256
  > F †  F †
UHSHDOHGE\F†@
 >F†F†
F†F†F†
F†F†UHSHDOHGE\
 %$VFKRROEXV F†@
 &$VFKRRODFWLYLW\YHKLFOH 811.120>F†F†
 '$ZRUNHUWUDQVSRUWEXV F†UHSHDOHGE\F†@
 ($EXVRSHUDWHGIRUWUDQVSRUWLQJFKLOGUHQ
to and from church or an activity or function
DXWKRUL]HGE\DFKXUFK
(F) Any vehicle used in the transportation
RISHUVRQVIRUKLUHE\DQRQSURÀWHQWLW\
(c) Drives a vehicle or conveyance on any
part of the ocean shore in this state at a speed
JUHDWHUWKDQDQ\RIWKHIROORZLQJ FKLOGUHQDUHSUHVHQWDWDQ\WLPHDQG
(A) Any designated speed for ocean shores
811.122>F†UHSHDOHGE\
F†@
811.123>F†F†
F†F†F†
F†UHSHDOHGE\F††@
811.124 Meaning of “children are pres-
ent” in ORS 811.111. For purposes of ORS
RQDQ\GD\ZKHQ
that is established and posted under ORS  &KLOGUHQDUH
 (a) Occupying or walking within a crosswalk
 %,IQRGHVLJQDWHGVSHHGLVSRVWHGXQGHU GHVFULEHGLQ256ERU
256PLOHVSHUKRXU (b) Waiting on the curb or shoulder of the
(d) Drives a vehicle upon a highway in any highway at a crosswalk described in ORS
city at a speed greater than a speed posted by ERU
DXWKRULW\JUDQWHGXQGHU256RULIQR  $WUDIÀFSDWUROPHPEHUSURYLGHGXQGHU
VSHHGLVSRVWHGWKHIROORZLQJ 256WRLVSUHVHQWWRDVVLVW
(A) Fifteen miles per hour when driving on children at a crosswalk described in ORS
DQDOOH\RUDQDUURZUHVLGHQWLDOURDGZD\ E>F†F†
F††DE@
(B) Twenty miles per hour in a business
GLVWULFW (Racing)
 &7ZHQW\ÀYHPLOHVSHUKRXULQDSXEOLF
SDUN 811.125 Speed racing on highway; pen-
alty. (1) A person commits the offense of speed
 '7ZHQW\ÀYHPLOHVSHUKRXURQDKLJKZD\ racing on a highway if, on a highway in this
in a residence district if the highway is not an state, the person drives a vehicle or partici-
DUWHULDOKLJKZD\ pates in any manner in any of the following
 (6L[W\ÀYHPLOHVSHUKRXURQDQLQWHUVWDWH LQZKLFKDYHKLFOHLVLQYROYHG
KLJKZD\  D$VSHHGFRPSHWLWLRQRUFRQWHVW
 ))LIW\ÀYHPLOHVSHUKRXULQORFDWLRQVQRW  E$QDFFHOHUDWLRQFRQWHVW
RWKHUZLVHGHVFULEHGLQWKLVSDUDJUDSK
 F$WHVWRISK\VLFDOHQGXUDQFH
(e) Drives a vehicle in a school zone at a
speed greater than 20 miles per hour if the  G$QH[KLELWLRQRIVSHHGRUDFFHOHUDWLRQ
VFKRRO]RQHLV  H7KHPDNLQJRIDVSHHGUHFRUG

Title 59 3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

 I$UDFH)RUSXUSRVHVRIWKLVSDUDJUDSK
racing is the use of one or more vehicles in
an attempt to outgain, outdistance or prevent
another vehicle from passing, to arrive at a
given destination ahead of another vehicle
or vehicles or to test the physical stamina or
endurance of drivers over long distance driving
URXWHV
(b) Momentarily stopping in preparation of,
or moving at an extremely slow pace while,
QHJRWLDWLQJDQH[LWIURPWKHURDG
(4) A person is not in violation of the offense
described under this section if the person is
proceeding as part of a funeral procession
under the direction of a funeral escort vehicle
RUDIXQHUDOOHDGYHKLFOH
 J$GUDJUDFH)RUSXUSRVHVRIWKLVSDUD-
graph, drag racing is the operation of two
or more vehicles from a point side by side at
accelerating speeds in a competitive attempt
to outdistance each other, or the operation of
one or more vehicles over a common selected
course, from the same point to the same point
for the purpose of comparing the relative
speeds or power of acceleration of the vehicle
or vehicles within a certain distance or time
OLPLW
(2) The offense described in this section,
VSHHGUDFLQJRQDKLJKZD\LVD&ODVV$WUDIÀF
violation and is applicable on any premises
RSHQWRWKHSXEOLF>F†F
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811.127 Organizing a speed racing
(5) The offense described in this section,
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>F†F†F
†F†F†@
CARELESS AND RECKLESS DRIVING
811.135 Careless driving; penalty. (1) A
person commits the offense of careless driving
if the person drives any vehicle upon a highway
or other premises described in this section in
a manner that endangers or would be likely to
HQGDQJHUDQ\SHUVRQRUSURSHUW\
(2) The offense described in this section,
careless driving, applies on any premises open
WRWKHSXEOLFDQGLVD&ODVV%WUDIÀFYLRODWLRQ
unless commission of the offense contributes to
event; penalty. ([FHSWDVSURYLGHGLQVXE- DQDFFLGHQW,IFRPPLVVLRQRIWKHRIIHQVHFRQ-
section (3) of this section, a person commits the tributes to an accident, the offense is a Class
offense of organizing a speed racing event if $WUDIÀFYLRODWLRQ
the person in any manner organizes a speed
UDFLQJHYHQW  ,QDGGLWLRQWRDQ\RWKHUSHQDOW\LPSRVHG
for an offense committed under this section, if
(2) As used in this section, “speed racing the court determines that the commission of
HYHQWµPHDQVDQHYHQWWKDW the offense described in this section contrib-
 D ,V SUHSODQQHG DQG FRRUGLQDWHG DQG uted to the serious physical injury or death of
involves two or more vehicles; a vulnerable user of a public way, the court
VKDOO
 E,QFOXGHVDQ\RIWKHDFWLYLWLHVGHVFULEHG
LQ256DQG  D ,PSRVH D VHQWHQFH WKDW UHTXLUHV WKH
SHUVRQWR
 F7DNHVSODFHRQDKLJKZD\
(3) A person who organizes a speed racing
event is not in violation of this section if the
person has a permit from the road authority
IRUWKHKLJKZD\RQZKLFKWKHHYHQWWDNHVSODFH
(4) The offense described in this section,
organizing a speed racing event, is a Class C
IHORQ\>F†@
 $&RPSOHWHDWUDIÀFVDIHW\FRXUVHDQG
(B) Perform between 100 and 200 hours
of community service, notwithstanding ORS
7KHFRPPXQLW\VHUYLFHPXVWLQFOXGH
activities related to driver improvement and
SURYLGLQJSXEOLFHGXFDWLRQRQWUDIÀFVDIHW\
(b) Order, but suspend on the condition that
the person complete the requirements of para-
,PSHGLQJ7UDIÀF JUDSKDRIWKLVVXEVHFWLRQ
 ,PSHGLQJWUDIÀFSHQDOW\(1) A  $$ÀQHRIXSWRQRWZLWKVWDQGLQJ
SHUVRQFRPPLWVWKHRIIHQVHRILPSHGLQJWUDIÀF 256DQG
if the person drives a motor vehicle or a com- (B) A suspension of driving privileges for
bination of motor vehicles in a manner that RQH\HDUDVSURYLGHGLQ256DQG
impedes or blocks the normal and reasonable
PRYHPHQWRIWUDIÀF (c) Set a hearing date up to one year from
WKHGDWHRIVHQWHQFLQJ
(2) A person is not in violation of the offense
described under this section if the person (4) At the hearing described in subsection
is proceeding in a manner needed for safe FRIWKLVVHFWLRQWKHFRXUWVKDOO
RSHUDWLRQ  D,IWKHSHUVRQKDVVXFFHVVIXOO\FRPSOHWHG
(3) Proceeding in a manner needed for safe the requirements described in subsection (3)(a)
operation includes but is not necessarily lim- of this section, dismiss the penalties ordered
LWHGWR under subsection (3)(b) of this section; or
(a) Momentarily stopping to allow oncoming  E ,I WKH SHUVRQ KDV QRW VXFFHVVIXOO\
WUDIÀFWRSDVVEHIRUHPDNLQJDULJKWKDQGRU completed the requirements described in sub-
OHIWKDQGWXUQ VHFWLRQDRIWKLVVHFWLRQ
(A) Grant the person an extension based on
good cause shown; or

Title 59 Page 227 (2015 Edition)

 OREGON VEHICLE CODE

(B) Order the penalties under subsection (3) ambulance; penalty. (1) As used in this
ERIWKLVVHFWLRQ
(5) When a court orders a suspension under
subsection (4) of this section, the court shall
prepare and send to the Department of Trans-
portation an order of suspension of driving
SULYLOHJHVRIWKHSHUVRQ8SRQUHFHLSWRIDQ
order under this subsection, the department
shall take action as directed under ORS

VHFWLRQ´URDGVLGHDVVLVWDQFHYHKLFOHµPHDQV
a vehicle with warning lights that responds to
requests for repair assistance from motorists
ZLWKGLVDEOHGYHKLFOHV
(2) A person operating a motor vehicle com-
mits the offense of failure to maintain a safe
distance from an emergency vehicle, roadside
assistance vehicle, tow vehicle or ambulance
if the person approaches an emergency vehi-
 7KHSROLFHRIÀFHULVVXLQJWKHFLWDWLRQIRU
an offense under this section shall note on the
citation if the cited offense appears to have
contributed to the serious physical injury or
GHDWKRIDYXOQHUDEOHXVHURIDSXEOLFZD\>
F†F†F†
F†F†@
811.140 Reckless driving; penalty. (1) A
person commits the offense of reckless driving
if the person recklessly drives a vehicle upon
a highway or other premises described in this
section in a manner that endangers the safety
RISHUVRQVRUSURSHUW\
cle, roadside assistance vehicle, tow vehicle or
ambulance that is stopped and is displaying
UHTXLUHGZDUQLQJOLJKWVDQGWKHSHUVRQ
(a) On a highway having two or more lanes
IRUWUDIÀFLQDVLQJOHGLUHFWLRQIDLOVWR
(A) Make a lane change to a lane not adja-
cent to that of the emergency vehicle, roadside
assistance vehicle, tow vehicle or ambulance;
or
(B) Reduce the speed of the motor vehicle to a
VSHHGWKDWLVDWOHDVWÀYHPLOHVSHUKRXUXQGHU
WKHVSHHGOLPLWHVWDEOLVKHGLQ256RU
DGHVLJQDWHGVSHHGSRVWHGXQGHU256
 7KHXVHRIWKHWHUP´UHFNOHVVO\µLQWKLV LIPDNLQJDODQHFKDQJHLVXQVDIH
VHFWLRQLVDVGHÀQHGLQ256 (b) On a two directional, two-lane highway,
(3) The offense described in this section, fails to reduce the speed of the motor vehicle
reckless driving, is a Class A misdemeanor WRDVSHHGWKDWLVDWOHDVWÀYHPLOHVSHUKRXU
and is applicable upon any premises open to under the speed limit established in ORS
WKHSXEOLF>F†@ RUDGHVLJQDWHGVSHHGSRVWHGXQGHU
256
SPECIAL SAFETY MEASURES (3) The offense described in this section,
failure to maintain a safe distance from an
811.145 Failure to yield to emergency emergency vehicle, roadside assistance vehicle,
vehicle or ambulance; penalty. (1) A person WRZYHKLFOHRUDPEXODQFHLVD&ODVV%WUDIÀF
commits the offense of failure to yield to an YLRODWLRQ>F†F†
emergency vehicle or ambulance if an ambu- F†@
lance or emergency vehicle that is using a
visual or audible signal in a manner described NoteZDVDGGHGWRDQGPDGHDSDUW
XQGHU256DQGDSSURDFKHV of the Oregon Vehicle Code by legislative action
the vehicle the person is operating and the but was not added to ORS chapter 811 or any
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6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
(a) Yield the right of way to the ambulance
RUHPHUJHQF\YHKLFOH 811.150 Interference with emergency
vehicle or ambulance; exemptions;
 E,PPHGLDWHO\GULYHWRDSRVLWLRQDVQHDU penalty. (1) A person commits the offense
as possible and parallel to the right-hand edge of interference with an emergency vehicle
RUFXUERIWKHURDGZD\FOHDURIDQ\LQWHUVHFWLRQ or ambulance if the person does any of the
(c) Stop and remain in such position until the IROORZLQJ
HPHUJHQF\YHKLFOHRUDPEXODQFHKDVSDVVHG (a) Drives a vehicle following at a distance
(2) A person is not in violation of this section closer than 500 feet any emergency vehicle or
if the person is acting as otherwise directed by ambulance that is traveling in response to a
DSROLFHRIÀFHU ÀUHDODUPRUHPHUJHQF\
(3) This section does not relieve the driver of (b) Drives or parks a vehicle in a manner
an emergency vehicle or ambulance from the that interferes with the emergency vehicle
duty to drive with due regard for the safety of RUDPEXODQFHUHVSRQGLQJWRDÀUHDODUPRU
all persons using the highway, nor does this HPHUJHQF\
section protect the driver of any such vehicle  F'ULYHVRYHUDQXQSURWHFWHGKRVHRIDÀUH
from the consequence of an arbitrary exercise department laid down on any highway, private
RIWKHULJKWRIZD\JUDQWHGXQGHUWKLVVHFWLRQ URDGRUGULYHZD\WREHXVHGDWDQ\ÀUHDODUP
(4) The offense described in this section, RIÀUHRUHPHUJHQF\
failure to yield to an emergency vehicle or (2) The following exemptions apply to this
DPEXODQFHLVD&ODVV%WUDIÀFYLRODWLRQ> VHFWLRQ
F†F†F†@
(a) Nothing in this section prohibits a driver
811.147 Failure to maintain safe of an emergency vehicle or ambulance from fol-
distance from emergency vehicle, road- lowing within 500 feet of an emergency vehicle
side assistance vehicle, tow vehicle or

Title 59 Page 228 (2015 Edition)

 58/(62)7+(52$')25'5,9(56
RUDPEXODQFHWUDYHOLQJLQUHVSRQVHWRDÀUH
alarm or emergency or from driving into or
parking a vehicle in the area or vicinity where
such vehicles have stopped in response to an
DODUPRUHPHUJHQF\
(b) Nothing in this section prevents any
person from driving over an unprotected hose
RIDÀUHGHSDUWPHQWLIWKHSHUVRQÀUVWREWDLQV
 
(e) The following information about the vehi-
FOHDOOHJHGWRKDYHFRPPLWWHGWKHYLRODWLRQ
(A) Number and state of issuance of the
registration plate; and
(B) Whether the vehicle is a sedan, station
wagon, van, truck, bus, motorcycle or other
W\SHRIYHKLFOH
WKHSHUPLVVLRQRIDÀUHGHSDUWPHQWRIÀFLDORU
SROLFHRIÀFHUDWWKHVFHQHRIWKHÀUHDODUPRI
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(3) The offense described in this section,
interference with an emergency vehicle or
DPEXODQFHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F†
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811.155 Failure to stop for bus safety
lights; exemptions; penalty. (1) A driver
 ,QDGGLWLRQWRWKHLQIRUPDWLRQUHTXLUHG
by subsection (2) of this section, the report
may contain any other identifying informa-
tion, including but not limited to color of the
vehicle, that the reporting bus driver has about
the vehicle or the driver of the vehicle alleged
WRKDYHFRPPLWWHGWKHYLRODWLRQ>F
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811.159 Law enforcement agency
response to report of violation of ORS
811.155. Upon receipt of a report containing
commits the offense of failure to stop for bus WKHLQIRUPDWLRQUHTXLUHGE\256
safety lights if the driver meets or overtakes the law enforcement agency shall determine
from either direction any vehicle that is the name and address of the registered owner
stopped on a roadway and that is operating red of the vehicle and shall send the registered
EXVVDIHW\OLJKWVGHVFULEHGXQGHU256 owner a letter informing the owner that the
DQGWKHGULYHUGRHVQRW YHKLFOHZDVREVHUYHGYLRODWLQJ256
(a) Stop before reaching the vehicle; and The letter shall include, at a minimum,
(b) Remain standing until the bus safety LQIRUPDWLRQIURPWKHUHSRUWÀOHGXQGHU256
OLJKWVDUHQRORQJHURSHUDWLQJ VSHFLI\LQJWKHWLPHDQGSODFHRIWKH
DOOHJHGYLRODWLRQ>F†@
(2) The following apply to the offense
GHVFULEHGLQWKLVVHFWLRQ   ,QWHUIHUHQFH ZLWK UDLO À[HG
guideway system operation; penalty. (1)
(a) The offense described in this section does A person commits the offense of interference
not apply if the vehicle operating the bus safety ZLWKUDLOÀ[HGJXLGHZD\V\VWHPRSHUDWLRQLI
OLJKWVLVQRWSHUPLWWHGXQGHU256DQG WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
WRRSHUDWHUHGEXVVDIHW\OLJKWV
(b) A driver need not comply with this sec-
tion if the vehicle operating red bus safety
OLJKWVLVVWRSSHGRQDGLIIHUHQWURDGZD\
(3) The offense described in this section,
failure to stop for bus safety lights, is a Class
 D'ULYHVDQ\YHKLFOHLQIURQWRIDUDLOÀ[HG
guideway system vehicle upon a track and the
person fails to remove the person’s vehicle from
the track as soon as practicable after signal
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V\VWHPYHKLFOH
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811.157 Report by driver of violation
of ORS 811.155; contents. (1) The driver of
a school bus, worker transport bus or a bus
LVVXHGDSHUPLWXQGHU256PD\UHSRUW
DYLRODWLRQRI256WRWKHORFDOODZ
enforcement agency having jurisdiction over
the area where the violation is alleged to have
RFFXUUHG
(2) A report under subsection (1) of this
section shall be made within 72 hours of the
 E'ULYHVDYHKLFOHXSRQRUDFURVVUDLOÀ[HG
guideway system tracks within an intersection
LQIURQWRIDUDLOÀ[HGJXLGHZD\V\VWHPYHKLFOH
ZKHQWKHUDLOÀ[HGJXLGHZD\V\VWHPYHKLFOH
KDVVWDUWHGWRFURVVWKHLQWHUVHFWLRQ
(c) Overtakes or passes upon the left any
UDLOÀ[HGJXLGHZD\V\VWHPYHKLFOHSURFHHG-
ing in the same direction whether actually in
PRWLRQRUWHPSRUDULO\DWUHVW7KLVSDUDJUDSK
does not apply on one-way streets or on streets
where the tracks are so located as to prevent
FRPSOLDQFH
DOOHJHGYLRODWLRQDQGVKDOOFRQWDLQ  7KLVVHFWLRQDSSOLHVWRDQ\UDLOÀ[HG
(a) The date and time of day of the alleged
violation;
(b) The name of the street on which the bus
was traveling at the time of the alleged viola-
tion and either the approximate address or the
name of the closest intersecting street;
(c) The direction in which the bus was trav-
eling and the direction in which the vehicle
alleged to have committed the violation was
traveling;
(d) The weather conditions, including visi-
bility, at the time of the alleged violation; and
guideway system vehicle that is any device
traveling exclusively upon rails when upon or
crossing a highway but does not apply to cars
or trains propelled or moved by steam engine
RUE\GLHVHOHQJLQH
(3) The offense described in this section,
LQWHUIHUHQFHZLWKUDLOÀ[HGJXLGHZD\V\VWHP
RSHUDWLRQLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F†@
811.165 Failure to stop for passenger
loading of public transit vehicle; penalty.
(1) A person commits the offense of failure to
stop for passenger loading of a public transit

Title 59 Page 229 (2015 Edition)

 OREGON VEHICLE CODE

vehicle if the person is the driver of a vehicle shape, color, lettering and illumination of the
overtaking a public transit vehicle described VLJQDQGVSHFLÀFDWLRQVIRUWKHSODFHPHQWRIWKH
in this section that is stopped or about to stop VLJQRQDWUDQVLWEXV
for the purpose of receiving or discharging any (3) This section does not relieve a driver of
SDVVHQJHUDQGWKHSHUVRQGRHVQRW a transit bus from the duty to drive with due
(a) Stop the overtaking vehicle to the rear of regard for the safety of all persons using the
the nearest running board or door of the public URDGZD\
transit vehicle; and  $VXVHGLQWKLVVHFWLRQ´WUDQVLWEXVµ
 E.HHSWKHYHKLFOHVWDWLRQDU\XQWLODOOSDV- means a commercial bus operated by a city or
sengers have boarded or alighted therefrom a county, a mass transit district established
DQGUHDFKHGDSODFHRIVDIHW\ XQGHU256WRRUDWUDQVSRU-
(2) This section applies to the following WDWLRQGLVWULFWHVWDEOLVKHGXQGHU256
SXEOLFWUDQVLWYHKLFOHV WR
(a) Commercial buses; and (5) The offense described in this section, fail-
ure to yield the right of way to a transit bus
 E5DLOÀ[HGJXLGHZD\V\VWHPYHKLFOHV
(3) A person is not in violation of this section
LIWKHSHUVRQSDVVHVDSXEOLFWUDQVLWYHKLFOH
(a) Upon the left of any public transit vehicle
described in this section on a one-way street;
or
(b) At a speed not greater than is reasonable
and proper and with due caution for the safety
RISHGHVWULDQVZKHQ (a) Drinks any alcoholic liquor in a motor
(A) The public transit vehicle has stopped
at the curb; or
HQWHULQJWUDIÀFLVD&ODVV'WUDIÀFYLRODWLRQ
>F†F†@
OPEN CONTAINER VIOLATIONS
811.170 Violation of open container law;
penalty. (1) A person commits the offense of
violation of the open container law in a motor
YHKLFOHLIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
YHKLFOHZKHQWKHYHKLFOHLVXSRQDKLJKZD\
(b) Possesses on one’s person, while in a
 %$Q\DUHDRUVSDFHKDVEHHQRIÀFLDOO\
set apart within the roadway for the exclusive
use of pedestrians and the area or space is so
protected or marked or indicated by adequate
signs as to be plainly visible at all times while
motor vehicle upon a highway, any bottle, can
or other receptacle containing any alcoholic
liquor, which has been opened, or a seal broken,
or the contents of which have been partially
UHPRYHG
VHWDSDUWDVDVDIHW\]RQH
(4) The offense described in this section,
failure to stop for passenger loading of public
WUDQVLWYHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ
>F†F†F
†F†@
811.167 Failure to yield right of way
to transit bus; rules; penalty. (1) A person
commits the offense of failure to yield the right
RIZD\WRDWUDQVLWEXVHQWHULQJWUDIÀFLIWKH
person does not yield the right of way to a tran-
VLWEXVZKHQ bottle, can or other receptacle is kept in the
(a) A yield sign as described in subsection
(2) of this section is displayed on the back of
the transit bus;
(b) The person is operating a vehicle that is
overtaking the transit bus from the rear of the
transit bus; and
(c) The transit bus, after stopping to receive
or discharge passengers, is signaling an inten-
WLRQWRHQWHUWKHWUDIÀFODQHRFFXSLHGE\WKH
SHUVRQ
(2) The yield sign referred to in subsection
(1)(a) of this section shall warn a person oper-
ating a motor vehicle approaching the rear of
a transit bus that the person must yield when
WKHWUDQVLWEXVLVHQWHULQJWUDIÀF7KH\LHOG
VLJQVKDOOEHLOOXPLQDWHGE\DÁDVKLQJOLJKW
when the bus is signaling an intention to enter
DWUDIÀFODQHDIWHUVWRSSLQJWRUHFHLYHRUGLV-
FKDUJHSDVVHQJHUV7KH2UHJRQ7UDQVSRUWDWLRQ
Commission shall adopt by rule the message
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Title 59 Page 230
 F.HHSVLQDPRWRUYHKLFOHZKHQWKHYHKLFOH
is upon any highway, any bottle, can or other
receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the
FRQWHQWVRIZKLFKKDYHEHHQSDUWLDOO\UHPRYHG
7KHIROORZLQJDSSO\WRWKLVSDUDJUDSK
(A) This paragraph applies only to the reg-
istered owner of any motor vehicle or, if the
registered owner is not then present in the
YHKLFOHWRWKHGULYHURIWKHYHKLFOH
(B) This paragraph does not apply if the
trunk of the vehicle, or kept in some other
area of the vehicle not normally occupied by
the driver or passengers if the vehicle is not
HTXLSSHGZLWKDWUXQN
(C) For purposes of this paragraph, a utility
compartment or glove compartment is consid-
ered within the area occupied by the driver
DQGSDVVHQJHUV
(D) This paragraph does not apply to the
OLYLQJTXDUWHUVRIDFDPSHURUPRWRUKRPH
(2) The offense described in this section does
not apply to passengers in a motor vehicle oper-
ated by a common carrier and used primarily
WRFDUU\SDVVHQJHUVIRUKLUH
(3) The offense described in this section,
violation of the open container law in a motor
YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F†@
(2015 Edition)
 58/(62)7+(52$')25'5,9(56
DISPOSING OF HUMAN WASTE
811.172 Improperly disposing of human
waste; penalty. (1) A person commits the
offense of improperly disposing of human
waste if the person is operating or riding in a
motor vehicle and the person throws, puts or
otherwise leaves a container of urine or other
KXPDQZDVWHRQRUEHVLGHWKHKLJKZD\
 
defendant to drive a motor vehicle at the time
and place in question; or
(b) The defendant had not received notice
of the defendant’s suspension or revocation or
been informed of the suspension or revocation
by a trial judge who ordered a suspension or
revocation of the defendant’s driving privileges
RUULJKWWRDSSO\
(2) The offense described in this section,
improperly disposing of human waste, is a
&ODVV$PLVGHPHDQRU>F†
F†@
DRIVING WHILE SUSPENDED
OR REVOKED
811.175 Violation driving while sus-
pended or revoked; penalties. (1) A person
commits the offense of violation driving while
suspended or revoked if the person does any
RIWKHIROORZLQJ (b) The notice of suspension or revoca-
(a) Drives a motor vehicle upon a highway
during a period when the person’s driving
privileges or right to apply for driving priv-
ileges have been suspended or revoked in
this state by a court or by the Department of
7UDQVSRUWDWLRQ
(b) Drives a motor vehicle outside the lim-
itations of a probationary permit issued under
256  RU D KDUGVKLS GULYHU SHUPLW
LVVXHG XQGHU 256  LQFOXGLQJ DQ\
limitations placed on the permit under ORS

(c) Drives a commercial motor vehicle upon
a highway during a period when the person’s
driving privileges or commercial driving priv-
ileges have been suspended or revoked in this
VWDWHRUDQ\RWKHUMXULVGLFWLRQ
 7KHDIÀUPDWLYHGHIHQVHVGHVFULEHGLQ
subsection (1)(b) of this section are not avail-
able to a defendant under the circumstances
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GHQFH VSHFLÀHG LQ WKLV VXEVHFWLRQ PD\ EH
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subsection applies if any of the following cir-
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(a) The defendant refused to sign a receipt
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VXVSHQVLRQRUUHYRFDWLRQ
tion could not be delivered to the defendant
because the defendant failed to comply with
WKHUHTXLUHPHQWVXQGHU256WRQRWLI\
the Department of Transportation of a change
RIDGGUHVVRUUHVLGHQFH
(c) At a previous court appearance, the
defendant had been informed by a trial judge
that the judge was ordering a suspension or
revocation of the defendant’s driving privileges
RUULJKWWRDSSO\
(d) The defendant had actual knowledge of
the suspension or revocation by any means
prior to the time the defendant was stopped
RQWKHFXUUHQWFKDUJH
(e) The defendant was provided with notice
RILQWHQWWRVXVSHQGXQGHU256>
F†F†F†
F†F†F†
  $IÀUPDWLYH GHIHQVHV WR WKH RIIHQVH
described in this section are established under
256
(3) The offense described in this section
is applicable upon any premises open to the
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(4) The offense described in this section, vio-
lation driving while suspended or revoked, is
D&ODVV$WUDIÀFYLRODWLRQH[FHSWDVRWKHUZLVH
SURYLGHGLQ256>F†
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811.182 Criminal driving while sus-
pended or revoked; penalties. (1) A person
commits the offense of criminal driving while
suspended or revoked if the person violates
256DQGWKHVXVSHQVLRQRUUHYRFDWLRQ
is one described in this section, or if the hard-
ship or probationary permit violated is based
upon a suspension or revocation described in
F†F†F† VXEVHFWLRQRURIWKLVVHFWLRQ
F†F†F   $IÀUPDWLYH GHIHQVHV WR WKH RIIHQVH
†F†F†@ described in this section are established under
 $IÀUPDWLYHGHIHQVHVThe fol- 256
ORZLQJ HVWDEOLVKHV DIÀUPDWLYH GHIHQVHV LQ (3) The offense described in this section,
prosecutions for driving while suspended or criminal driving while suspended or revoked,
UHYRNHGLQYLRODWLRQRI256RU is a Class B felony if the suspension or revo-
DQGGHVFULEHVZKHQWKHDIÀUPDWLYHGHIHQVHV cation resulted from any degree of murder,
DUHQRWDYDLODEOH manslaughter, criminally negligent homicide
 ,QDGGLWLRQWRRWKHUGHIHQVHVSURYLGHGE\ or assault resulting from the operation of a
ODZLQFOXGLQJEXWQRWOLPLWHGWR256 motor vehicle, if the suspension or revocation
LWLVDQDIÀUPDWLYHGHIHQVHWRWKHRIIHQVHV resulted from aggravated vehicular homicide
GHVFULEHGLQ256DQGWKDW or aggravated driving while suspended or
revoked or if the revocation resulted from a
(a) An injury or immediate threat of injury conviction for felony driving while under the
to a human being or animal, and the urgency LQÁXHQFHRILQWR[LFDQWV
of the circumstances made it necessary for the

Title 59 Page 231 (2015 Edition)

 OREGON VEHICLE CODE

(4) The offense described in this section, ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVWKH

criminal driving while suspended or revoked, FRXUWVKDOOLPSRVHDPLQLPXPÀQHRIDWOHDVW
is a Class A misdemeanor if the suspension or LILWLVWKHSHUVRQ·VÀUVWFRQYLFWLRQIRU
UHYRFDWLRQLVDQ\RIWKHIROORZLQJ criminal driving while suspended or revoked
 D$VXVSHQVLRQXQGHU256 DQGDPLQLPXPÀQHRIDWOHDVWLILWLV
resulting from commission by the driver of WKHSHUVRQ·VVHFRQGRUVXEVHTXHQWFRQYLFWLRQ
any degree of recklessly endangering another  D7KH2UHJRQ&ULPLQDO-XVWLFH&RP-
person, menacing or criminal mischief, result- mission shall classify a violation of this section
LQJIURPWKHRSHUDWLRQRIDPRWRUYHKLFOH that is a felony as crime category 4 of the rules
 E $ UHYRFDWLRQ XQGHU 256   RIWKHFRPPLVVLRQ
resulting from perjury or the making of a false (b) Notwithstanding paragraph (a) of this
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 F$VXVSHQVLRQXQGHU256UHVXOW- lation of this section that is a felony as crime
ing from refusal to take a test prescribed in FDWHJRU\RIWKHUXOHVRIWKHFRPPLVVLRQLI
256RUIRUWDNLQJDEUHDWKRUEORRG WKHVXVSHQVLRQRUUHYRFDWLRQUHVXOWHGIURP
test the result of which discloses a blood alcohol (A) Any degree of murder, manslaughter or
FRQWHQWRI criminally negligent homicide or an assault
 $SHUFHQWRUPRUHE\ZHLJKWLIWKH that causes serious physical injury, resulting
person was not driving a commercial motor from the operation of a motor vehicle; or
vehicle; (B) Aggravated vehicular homicide or aggra-
 %SHUFHQWRUPRUHE\ZHLJKWLIWKH
person was driving a commercial motor vehicle;
or
(C) Any amount if the person was under 21
\HDUVRIDJH
(d) A suspension of commercial driving privi-
OHJHVXQGHU256UHVXOWLQJIURPIDLOXUH
to perform the duties of a driver under ORS

(e) A suspension of commercial driving privi-
YDWHGGULYLQJZKLOHVXVSHQGHGRUUHYRNHG
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Note7KHDPHQGPHQWVWRE\VHFWLRQ
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sentences imposed on or after August 1, 2013,
OHJHVXQGHU256ZKHUHWKHSHUVRQ·V
commercial driving privileges have been sus-
pended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to
determine the alcoholic content of the person’s
blood under a statute that is substantially sim-
LODUWR256
(f) A suspension of commercial driving priv-
LOHJHVXQGHU256
(g) A revocation resulting from habitual
RIIHQGHUVWDWXVXQGHU256
(h) A suspension resulting from any crime
punishable as a felony with proof of a material
element involving the operation of a motor vehi-
cle, other than a crime described in subsection
but do not apply to certain persons originally
sentenced before August 1, 2013, and who are
UHVHQWHQFHGRQRUDIWHU$XJXVW6HH
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text that applies to sentences imposed before
August 1, 2013, and to certain persons resen-
tenced on or after August 1, 2013, is set forth
IRUWKHXVHU·VFRQYHQLHQFH
811.182. (1) A person commits the offense of
criminal driving while suspended or revoked
LIWKHSHUVRQYLRODWHV256DQGWKH
suspension or revocation is one described in
this section, or if the hardship or probationary
permit violated is based upon a suspension or
revocation described in subsection (3) or (4) of
WKLVVHFWLRQ
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(i) A suspension for failure to perform the
GXWLHVRIDGULYHUXQGHU256
(j) A suspension for reckless driving under
256
  $IÀUPDWLYH GHIHQVHV WR WKH RIIHQVH
described in this section are established under
256
(3) The offense described in this section,
criminal driving while suspended or revoked,
is a Class B felony if the suspension or revo-
 N$VXVSHQVLRQIRUÁHHLQJRUDWWHPSWLQJ
WRHOXGHDSROLFHRIÀFHUXQGHU256
(L) A suspension or revocation resulting
from misdemeanor driving while under the
LQÁXHQFHRILQWR[LFDQWVXQGHU256
(m) A suspension for use of a motor vehicle
in the commission of a crime punishable as a
IHORQ\
cation resulted from any degree of murder,
manslaughter, criminally negligent homicide
or assault resulting from the operation of a
motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide or
aggravated driving while suspended or revoked
or if the revocation resulted from a conviction
IRUIHORQ\GULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWV
 ,QDGGLWLRQWRDQ\RWKHUVHQWHQFHWKDW (4) The offense described in this section,
may be imposed, if a person is convicted of criminal driving while suspended or revoked,
the offense described in this section and the is a Class A misdemeanor if the suspension or
underlying suspension resulted from driving UHYRFDWLRQLVDQ\RIWKHIROORZLQJ

Title 59 Page 232 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

 D$VXVSHQVLRQXQGHU256 DQGDPLQLPXPÀQHRIDWOHDVWLILWLV
resulting from commission by the driver of WKHSHUVRQ·VVHFRQGRUVXEVHTXHQWFRQYLFWLRQ
any degree of recklessly endangering another  7KH2UHJRQ&ULPLQDO-XVWLFH&RPPLV-
person, menacing or criminal mischief, result- sion shall classify a violation of this section
LQJIURPWKHRSHUDWLRQRIDPRWRUYHKLFOH WKDWLVDIHORQ\DVFULPHFDWHJRU\RIWKHUXOHV
 E$UHYRFDWLRQXQGHU256 RIWKH2UHJRQ&ULPLQDO-XVWLFH&RPPLVVLRQ
resulting from perjury or the making of a false Note6HFWLRQFKDSWHU2UHJRQ/DZV
DIÀGDYLWWRWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ SURYLGHV
 F$VXVSHQVLRQXQGHU256UHVXOW-  6HF7KHDPHQGPHQWVWR256
ing from refusal to take a test prescribed in by section 3 of this 2013 Act apply to sentences
256RUIRUWDNLQJDEUHDWKRUEORRG LPSRVHGRQRUDIWHU$XJXVW
test the result of which discloses a blood alcohol
FRQWHQWRI (2) Notwithstanding subsection (1) of this
VHFWLRQWKHDPHQGPHQWVWR256E\
 $SHUFHQWRUPRUHE\ZHLJKWLIWKH section 3 of this 2013 Act do not apply to per-
person was not driving a commercial motor sons who were originally sentenced before
vehicle; August 1, 2013, and who are subsequently
 %SHUFHQWRUPRUHE\ZHLJKWLIWKH
person was driving a commercial motor vehi-
cle; or
(C) Any amount if the person was under 21
\HDUVRIDJH
(d) A suspension of a commercial driver
resentenced on or after August 1, 2013, as the
result of an appellate decision or a post-convic-
WLRQUHOLHISURFHHGLQJRUIRUDQ\RWKHUUHDVRQ
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811.185>F†F†
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failure to perform the duties of a driver under
256ZKLOHGULYLQJDFRPPHUFLDOPRWRU
YHKLFOH
(e) A suspension of a commercial driver
DRIVER OFFENSES
INVOLVING PASSENGERS
811.190 Operation with obstructing
passenger; penalty. (1) A person commits
OLFHQVHXQGHU256ZKHUHWKHSHU-
son’s commercial driving privileges have been
suspended or revoked by the other jurisdiction
for failure of or refusal to take a chemical test
to determine the alcoholic content of the per-
son’s blood under a statute that is substantially
VLPLODUWR256
(f) A suspension of a commercial driver
OLFHQVHXQGHU256
(g) A revocation resulting from habitual
RIIHQGHUVWDWXVXQGHU256
(h) A suspension resulting from any crime
punishable as a felony with proof of a mate-
rial element involving the operation of a motor
vehicle, other than a crime described in sub-
the offense of driver operation with obstructing
passenger if the person is operating a vehicle
when another person is in the operator’s lap
RULQWKHRSHUDWRU·VHPEUDFH
(2) The offense described in this section,
driver operation with obstructing passenger,
LVD&ODVV'WUDIÀFYLRODWLRQ>F†
F†@
811.193 Smoking, aerosolizing or
vaporizing in motor vehicle when child
is present; penalty. (1)(a) A person commits
the offense of smoking, aerosolizing or vapor-
izing in a motor vehicle if the person smokes
or uses an inhalant delivery system in a motor
vehicle while a person under 18 years of age is
VHFWLRQRIWKLVVHFWLRQ LQWKHPRWRUYHKLFOH
(i) A suspension for failure to perform the  E$VXVHGLQWKLVVXEVHFWLRQ
GXWLHVRIDGULYHUXQGHU256  $´6PRNHVµPHDQVWRLQKDOHH[KDOHEXUQ
(j) A suspension for reckless driving under or carry a lighted cigarette, cigar, pipe, weed,
256 plant, regulated narcotic or other combustible
substance; and
 N$VXVSHQVLRQIRUÁHHLQJRUDWWHPSWLQJ
WRHOXGHDSROLFHRIÀFHUXQGHU256
(L) A suspension or revocation resulting
from misdemeanor driving while under the
LQÁXHQFHRILQWR[LFDQWVXQGHU256
 % ´8VHV DQ LQKDODQW GHOLYHU\ V\VWHPµ
means to use an inhalant delivery system, as
GHÀQHGLQ256$LQDPDQQHUWKDW
FUHDWHVDQDHURVRORUYDSRU
 1RWZLWKVWDQGLQJ256DSROLFH
(m) A suspension for use of a commercial RIÀFHUPD\HQIRUFHWKLVVHFWLRQRQO\LIWKH
motor vehicle in the commission of a crime SROLFHRIÀFHUKDVDOUHDG\VWRSSHGDQGGHWDLQHG
SXQLVKDEOHDVDIHORQ\ the driver operating the motor vehicle for a
 ,QDGGLWLRQWRDQ\RWKHUVHQWHQFHWKDW VHSDUDWHWUDIÀFYLRODWLRQRURWKHURIIHQVH
may be imposed, if a person is convicted of (3) Smoking, aerosolizing or vaporizing in
the offense described in this section and the DPRWRUYHKLFOHLVD
underlying suspension resulted from driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVWKH  D&ODVV'WUDIÀFYLRODWLRQIRUDÀUVWRIIHQVH
FRXUWVKDOOLPSRVHDPLQLPXPÀQHRIDWOHDVW  E&ODVV&WUDIÀFYLRODWLRQIRUDVHFRQGRU
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criminal driving while suspended or revoked †@

Title 59 Page 233 (2015 Edition)

 OREGON VEHICLE CODE

NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
 F,VFDUU\LQJDPLQRUZKRLVVHDWHGRQWKH
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all available passenger seats are occupied by
minors, the tailgate is securely closed and the
PLQRULVEHLQJWUDQVSRUWHG
811.195 Having passenger in trailer;  $,QWKHFRXUVHDQGVFRSHRIHPSOR\PHQW
penalty. (1) A person commits the offense of provided that the minor is transported in
having a passenger in a trailer if the person compliance with law and rules regulating the
operates a vehicle on a highway while towing transport of workers; or
DQ\W\SHRIWUDLOHUWKDWFRQWDLQVDSDVVHQJHU (B)(i) Between a hunting camp and a
(2) This section does not apply if the person hunting site or between hunting sites during
LVRSHUDWLQJDQ\RIWKHIROORZLQJYHKLFOHV hunting season; and
 D$FRPPHUFLDOEXVWUDLOHU  LL7KHPLQRUKDVDKXQWLQJOLFHQVH
 E$QLQGHSHQGHQWO\VWHHUHGWUDLOHU (4) The offense described in this section, car-
 F$WUDLOHUWRZHGZLWKDÀIWKZKHHOKLWFKLI
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(A) Safety glazing materials that meet the
VWDQGDUGVHVWDEOLVKHGXQGHU256
wherever there are windows or doors with
ZLQGRZVRQWKHYHKLFOH
(B) An auditory or visual signaling device
that a passenger inside the vehicle can use to
gain the attention of the motor vehicle driver
WRZLQJWKHYHKLFOH
(C) At least one unobstructed exit capable of
being opened from both the interior and exte-
ULRURIWKHYHKLFOH
(3) The offense described in this section, pas-
VHQJHULQWUDLOHULVD&ODVV'WUDIÀFYLRODWLRQ
>F†F†F
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811.200 Carrying dog on external part
of vehicle; penalty. (1) A person commits the
offense of carrying a dog on the external part
of a vehicle if the person carries a dog upon the
rying a minor on an external part of a motor
F†F†F†@
 /HJLVODWLYHÀQGLQJVUHJDUGLQJ
restraint of children in motor vehicles.
7KH/HJLVODWLYH$VVHPEO\ÀQGVWKDW
(1) Oregon drivers look to the law in deciding
how to restrain and protect children in motor
YHKLFOHV
(2) The proper restraint of children in motor
vehicles will reduce the number of children
killed in motor vehicle accidents and reduce
the severity of injuries to children who survive
PRWRUYHKLFOHDFFLGHQWV>F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
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See Preface to Oregon Revised Statutes for
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811.210 Failure to properly use safety
hood, fender, running board or other external
part of any automobile or truck that is upon a
highway unless the dog is protected by frame-
ZRUNFDUULHURURWKHUGHYLFHVXIÀFLHQWWRNHHS
LWIURPIDOOLQJIURPWKHYHKLFOH
(2) The offense described in this section, car-
rying dog on external part of vehicle, is a Class
belts; penalty. D([FHSWDVSURYLGHGLQ
256DSHUVRQFRPPLWVWKHRIIHQVH
of failure to properly use safety belts if the
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(A) Operates a motor vehicle on the high-
ways of this state and is not properly secured
with a safety belt or safety harness as required
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811.205 Carrying minor on external
part of vehicle; penalty. (1) A person com-
mits the offense of carrying a minor on an
external part of a motor vehicle if the person
carries any person under 18 years of age upon
the hood, fender, running board or other exter-
nal part of any motor vehicle that is upon a
 %,VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ
with legal responsibility for the safety and
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and the child, while operating on public lands a
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WKDWLVQRWUHJLVWHUHGXQGHU256LV
not properly secured with a safety belt or safety
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(2) For purposes of this section, the open with legal responsibility for the safety and
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PRWRUYHKLFOH and the child, while operating on public lands
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(3) A person does not commit the offense 256LVQRWSURSHUO\VHFXUHGZLWKD
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motor vehicle and the minor is secured with (D) Operates a motor vehicle on the high-
a safety belt or safety harness that complies ways of this state with a passenger who is
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 E,VRSHUDWLQJWKHPRWRUYHKLFOHLQDQRUJD- properly secured with a child safety system,
nized parade; or

Title 59 Page 234 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

safety belt or safety harness as required by (d) A person who is taller than four feet nine
VXEVHFWLRQRIWKLVVHFWLRQ inches must be properly secured with a safety
 (,VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ
with legal responsibility for the safety and wel-
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the child, while riding on public lands in or on a
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not properly secured with a safety belt or safety
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belt or safety harness that meets requirements
XQGHU256
(e) Notwithstanding paragraphs (b) and (c)
of this subsection, a person who is eight years
of age or older need not be secured with a child
safety system but must be properly secured
with a safety belt or safety harness that meets
UHTXLUHPHQWVXQGHU256
 ),VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ (3) The requirements of subsection (2)(c) of
with legal responsibility for the safety and wel- WKLVVHFWLRQGRQRWDSSO\
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the child, while riding on public lands in or on equipped with shoulder belts, provided the
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256LVQRWSURSHUO\VHFXUHGZLWKD
safety belt or safety harness as required by  E,IWKHFKLOGLVSURSHUO\VHFXUHGZLWKD
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that is designed and used for the transpor-
tation of 15 or fewer persons, including the
GULYHUDQGWKHSHUVRQLV\HDUVRIDJHRU
older and is responsible for another passenger
who is not properly secured with a child safety
system as required under subsection (2)(a), (b)
WKHGHSDUWPHQWXQGHU256IRUFKLOG
safety systems designed for children weighing
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(4) The offense described in this section,
failure to properly use safety belts, is a Class
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operated on the highways of this state who is
\HDUVRIDJHRUROGHUDQGZKRLVQRWSURSHUO\ 811.215 Exemptions from safety belt
secured with a safety belt or safety harness as requirements. 256GRHVQRWDSSO\
UHTXLUHGE\VXEVHFWLRQRIWKLVVHFWLRQ
(b) As used in this subsection, “public
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is open to the general public for the use of
all-terrain vehicles as the result of funding
from the All-Terrain Vehicle Account under
256
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(1) Privately owned commercial vehicles that
are being used for the transportation of persons
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this subsection does not apply to any of the
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(a) Motor carriers, as defined in ORS
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(a) A person who is under one year of age,
regardless of weight, or a person who weighs 20
pounds or less must be properly secured with
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(b) A person who weighs 40 pounds or less
must be properly secured with a child safety
system that meets the minimum standards
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(b) Vehicles designed and used for the trans-
portation of 15 or fewer persons, including the
driver, except that the operator of a vehicle
GHVFULEHGLQWKLVSDUDJUDSKLVQRWUHTXLUHGWR
(A) Be properly secured with a safety belt
RUVDIHW\KDUQHVVDVUHTXLUHGE\256
if the operator is a taxicab operator; or
PHQWRI7UDQVSRUWDWLRQXQGHU256  %(QVXUHWKDWDSDVVHQJHULVSURSHUO\
for child safety systems designed for children secured with a child safety system as described
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 F([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, a person who weighs more than
40 pounds and who is four feet nine inches or
shorter must be properly secured with a child
safety system that elevates the person so that
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(2) Any vehicle not required to be equipped
with safety belts or safety harnesses at the
time the vehicle was manufactured, unless
safety belts or safety harnesses have been
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thighs and the shoulder belt is positioned over
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child safety system shall meet the minimum
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safety systems designed for children who are
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issued by the Department of Transportation
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(5) Any person who is a passenger in a vehi-
cle if all seating positions in the vehicle are
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Title 59 Page 235 (2015 Edition)

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(7) Any person who is delivering newspapers
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(8) Any person who is riding in an ambu-
lance for the purpose of administering medical
aid to another person in the ambulance, if
being secured by a safety belt or safety harness
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WKH PRYHPHQW RI YHKLFXODU WUDIÀF WKURXJK
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would substantially inhibit the administration
RIPHGLFDODLG
(9) Any person who is reading utility meters
LQWKHUHJXODUFRXUVHRIZRUN
(10) Any person who is employed to operate a
vehicle owned by a mass transit district while
the vehicle is being used for the transporta-
tion of passengers in the public transportation
V\VWHPRIWKHGLVWULFW
 E´+LJKZD\ZRUN]RQHµPHDQVDQDUHD
LGHQWLÀHG E\ DGYDQFH ZDUQLQJ ZKHUH URDG
construction, repair or maintenance work is
being done by highway workers on or adjacent
to a highway, regardless of whether or not high-
ZD\ZRUNHUVDUHDFWXDOO\SUHVHQW$VXVHGLQ
this paragraph, “road construction, repair or
PDLQWHQDQFHZRUNµLQFOXGHVEXWLVQRWOLPLWHG
to, the setting up and dismantling of advance
ZDUQLQJV\VWHPV
(11) Any person who is collecting solid waste  F´+LJKZD\ZRUNHUµPHDQVDQHPSOR\HH
or recyclable materials in the regular course of a government agency, private contractor or
RIZRUN>F†F†F utility company working in a highway work
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safety belt requirement. The Director of
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convicted of an offense that is listed in sub-
section (3)(a) or (b) of this section and that is
committed in a highway work zone is the pre-
VXPSWLYHÀQHIRUWKHRIIHQVHHVWDEOLVKHGXQGHU
256
person on whose behalf a statement signed by
a physician, nurse practitioner or physician
assistant is presented to the Department of
7UDQVSRUWDWLRQ)RUDSK\VLFLDQ·VQXUVHSUDF-
titioner’s or physician assistant’s statement to
qualify under this section, the physician, nurse
practitioner or physician assistant giving the
 E7KHPLQLPXPÀQHIRUDSHUVRQFRQYLFWHG
of a misdemeanor offense that is listed in sub-
section (3)(c) to (g) of this section and that is
committed in a highway work zone is 20 per-
FHQWRIWKHPD[LPXPÀQHHVWDEOLVKHGIRUWKH
RIIHQVH
statement must set forth reasons in the state-
ment why use of a child safety system, safety
belt or safety harness by the person would be
impractical or harmful to the person by reason
of physical condition, medical problem or body
VL]H>F†F†F
†F†F†F
†@
 F7KHPLQLPXPÀQHIRUDSHUVRQFRQYLFWHG
of a felony offense that is listed in subsection (3)
(c) to (g) of this section and that is committed
in a highway work zone is two percent of the
PD[LPXPÀQHHVWDEOLVKHGIRUWKHRIIHQVH
(3) This section applies to the following
RIIHQVHVLIFRPPLWWHGLQDKLJKZD\ZRUN]RQH
 D&ODVV$RU&ODVV%WUDIÀFYLRODWLRQV
811.225 Failure to maintain safety
belts in working order; penalty. (1) The  E &ODVV & RU &ODVV ' WUDIÀF YLRODWLRQV
registered owner of a motor vehicle commits UHODWHGWRH[FHHGLQJDOHJDOVSHHG
the offense of failure of an owner to maintain  F 5HFNOHVV GULYLQJ DV GHÀQHG LQ 256
VDIHW\EHOWVLQZRUNLQJRUGHULI 
(a) The vehicle is equipped with safety belts
or safety harnesses that meet the standards
HVWDEOLVKHGXQGHU256DQG
(b) The owner fails to maintain the safety
belts or safety harnesses in a condition that
will enable occupants of all seating positions
equipped with safety belts or safety harnesses
WRXVHWKHEHOWVRUKDUQHVVHV
(2) The offense described in this section,
failure of an owner to maintain safety belts
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(e) Failure to perform the duties of a driver
involved in an accident or collision, as described
LQ256RU
(f) Criminal driving while suspended or
UHYRNHGDVGHÀQHGLQ256
(g) Fleeing or attempting to elude a police
RIÀFHUDVGHÀQHGLQ256
(4) When a highway work zone is created,
the agency, contractor or company responsible
for the work may post signs designed to give
motorists notice of the provisions of this sec-
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(2015 Edition)
 58/(62)7+(52$')25'5,9(56  

811.231 Reckless endangerment of  E&ODVV&RU&ODVV'WUDIÀFYLRODWLRQV

highway workers; penalties. (1) A person UHODWHGWRH[FHHGLQJDOHJDOVSHHG
commits the offense of reckless endanger-  F 5HFNOHVV GULYLQJ DV GHÀQHG LQ 256
ment of highway workers if the person drives 
a motor vehicle in a highway work zone in such
a manner as to endanger persons or property or
if the person removes, evades or intentionally
VWULNHVDWUDIÀFFRQWUROGHYLFHLQDKLJKZD\
ZRUN]RQH
(2) Reckless endangerment of highway
ZRUNHUVLVD&ODVV$PLVGHPHDQRU,QDGGL-
tion to any other penalty, a person convicted
of reckless endangerment of highway workers
is subject to suspension of driving privileges
 G'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVDVGHÀQHGLQ256
(e) Failure to perform the duties of a
driver involved in an accident or collision, as
GHVFULEHGLQ256RU
(f) Criminal driving while suspended or
UHYRNHGDVGHÀQHGLQ256
(g) Fleeing or attempting to elude a police
DVSURYLGHGLQ256>F† RIÀFHUDVGHÀQHGLQ256
F†F†F†@
 5HIXVLQJWRREH\ÁDJJHUSHQ-
alty. (1) A person commits the offense of
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tionally and unreasonably disobeys a lawful
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offense occurs in a school zone if the offense
occurs while the motor vehicle is in a school
zone, notice of the school zone is indicated
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to the requirements established under ORS
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811.233 Failure to yield right of way
to highway worker; penalty. (1) A person
commits the offense of failure to yield the right
of way to a highway worker who is a pedestrian
if the person is operating a motor vehicle in a
highway work zone and does not yield the right
RIZD\WRDKLJKZD\ZRUNHUZKRLVDSHGHVWULDQ
 E$ÁDVKLQJOLJKWLVXVHGDVDWUDIÀFFRQWURO
device and operated as provided under ORS
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GENERAL DRIVING RULES
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to pedestrians described in subsection (1) of
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failure to yield the right of way to a highway
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SCHOOL ZONE PENALTIES
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(Generally)
811.250 Law applicable to vehicles
registered out of state. Any out-of-state
registered vehicle is subject to all laws, rules
and regulations governing the operation of
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811.255 Permitting unlawful operation
of vehicle; penalty. (1) A person who is an
owner, lessor or lessee of a motor vehicle or
school zones. D,IVLJQVDXWKRUL]HGE\
256DUHSRVWHGWKHSUHVXPSWLYHÀQH
for a person charged with an offense that is
listed in subsection (2)(a) or (b) of this section
and that is committed in a school zone shall
EHWKHDPRXQWHVWDEOLVKHGXQGHU256
who employs or otherwise directs the driver
of a motor vehicle, commits the offense of per-
mitting the unlawful operation of a vehicle if
the person knowingly permits or requires the
operation of the vehicle in violation of any of
WKHIROORZLQJ
IRUWKHRIIHQVH  D7KHUXOHVRIWKHURDG
 E,IVLJQVDXWKRUL]HGE\256DUH (b) The laws governing equipment of motor
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victed of a misdemeanor offense that is listed
in subsection (2)(c) to (g) of this section and (c) The laws governing weight of motor
that is committed in a school zone is 20 per- YHKLFOHV
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convicted of a felony offense that is listed in
subsection (2)(c) to (g) of this section and that
is committed in a school zone is two percent of
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(2) This section applies to the following
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(e) The laws governing registration or titling
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Title 59 Page 237 (2015 Edition)

 OREGON VEHICLE CODE

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facing a steady circular red signal light alone
811.260 Appropriate driver responses to shall stop at a clearly marked stop line, but if
WUDIÀFFRQWUROGHYLFHV([FHSWDVSURYLGHG none, before entering the marked crosswalk on
LQ256DGULYHULVLQYLRODWLRQRI the near side of the intersection, or if there is
256LIWKHGULYHUPDNHVDUHVSRQVH no marked crosswalk, then before entering the
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XQGHUWKHIROORZLQJ until a green light is shown except when the
 *UHHQVLJQDO$GULYHUIDFLQJDJUHHQ driver is permitted to proceed under ORS
light may proceed straight through or turn 
right or left unless a sign at that place prohibits  6WHDG\UHGDUURZVLJQDO$GULYHUIDFLQJ
HLWKHUWXUQ$GULYHUVKDOO\LHOGWKHULJKWRIZD\ a steady red arrow signal, alone or in combi-
to other vehicles within the intersection at the nation with other signal indications, may not
WLPHWKHJUHHQOLJKWLVVKRZQ enter the intersection to make the movement
 *UHHQDUURZ$GULYHUIDFLQJDJUHHQ
arrow signal light, shown alone or in combina-
tion with another signal, may cautiously enter
the intersection only to make the movement
indicated by such arrow or such other move-
ment as is permitted by other signals shown
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entering the intersection to make some other
movement which is permitted by another
signal, a driver facing a steady red arrow
signal shall stop at a clearly marked stop
line, but if none, before entering the marked
crosswalk on the near side of the intersection,
or if there is no marked crosswalk, then before
 *UHHQELF\FOHVLJQDO$ELF\FOLVWIDFLQJ
a green bicycle signal may proceed straight
through or turn right or left unless a sign at
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shall yield the right of way to other vehicles
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remain stopped until a green light is shown
except when the driver is permitted to proceed
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within the intersection at the time the green  6WHDG\UHGELF\FOHVLJQDO$ELF\FOLVW
ELF\FOHVLJQDOLVVKRZQ facing a steady red bicycle signal shall stop at
a clearly marked stop line, but if none, before
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facing a steady circular yellow signal light is
thereby warned that the related right of way
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facing the light shall stop at a clearly marked
stop line, but if none, shall stop before entering
the marked crosswalk on the near side of the
entering the marked crosswalk on the near
side of the intersection, or if there is no marked
crosswalk, then before entering the intersec-
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green bicycle signal is shown except when the
bicyclist is permitted to proceed under ORS

intersection, or if there is no marked cross-
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a driver cannot stop in safety, the driver may
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that is a signal is erected and maintained at a
place other than an intersection, the provisions
of this section relating to signals shall be appli-
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facing a steady yellow arrow signal, alone or
in combination with other signal indications,
is thereby warned that the related right of
ZD\LVEHLQJWHUPLQDWHG8QOHVVHQWHULQJWKH
intersection to make a movement permitted by
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or marking on the roadway indicating where
the stop shall be made, but in the absence of
such sign or marking the stop shall be made
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another signal, a driver facing a steady yellow
arrow signal shall stop at a clearly marked
stop line, but if none, shall stop before entering
the marked crosswalk on the near side of the
intersection, or if there is no marked cross-
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a driver cannot stop in safety, the driver may
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shall stop at a clearly marked stop line, but if
none, before entering the marked crosswalk on
the near side of the intersection, or if there is
no marked crosswalk, then at the point nearest
the intersecting roadway where the driver has
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 6WHDG\\HOORZELF\FOHVLJQDO$ELF\FOLVW
facing a steady yellow bicycle signal is thereby
warned that the related right of way is being
terminated and that a red bicycle signal will
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steady yellow bicycle signal shall stop at a
clearly marked stop line, but if none, shall
stop before entering the marked crosswalk on
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proceed shall be subject to the rules applica-
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subsection does not apply at railroad grade
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railroad grade crossing is governed by ORS

the near side of the intersection, or if there is
no marked crosswalk, then before entering the
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the bicyclist may proceed cautiously through
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through the intersection or past the signal only
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Title 59 Page 238 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

UDLOURDGJUDGHFURVVLQJV&RQGXFWRIDGULYHU (c) Properly proceeding on a red light as

approaching a railroad grade crossing is gov- DXWKRUL]HGXQGHU256
HUQHGE\256 (d) Driving in a funeral procession led by a
 )ODVKLQJ\HOORZDUURZVLJQDO$GULYHU
IDFLQJDÁDVKLQJ\HOORZDUURZVLJQDODORQHRU
in combination with other signal indications,
may cautiously enter the intersection only to
PDNHWKHPRYHPHQWLQGLFDWHGE\WKHÁDVKLQJ
yellow arrow signal or the movement permit-
WHGE\RWKHUVLJQDOVVKRZQDWWKHVDPHWLPH
A driver shall yield the right of way to other
vehicles within the intersection at the time
WKHÁDVKLQJ\HOORZDUURZVLJQDOLVVKRZQ,Q
addition, a driver turning left shall yield the
right of way to other vehicles approaching from
the opposite direction so closely as to constitute
an immediate hazard during the time when the
turning vehicle is moving across or within the
LQWHUVHFWLRQ
funeral lead vehicle or under the direction of
WKHGULYHURIDIXQHUDOHVFRUWYHKLFOH
(3) The offense described in this section,
GULYHUIDLOXUHWRREH\DWUDIÀFFRQWUROGHYLFH
LVD&ODVV%WUDIÀFYLRODWLRQ>F†
F†F†@
811.270 Failure to obey one-way des-
ignation; penalty. (1) A person commits the
offense of failure to obey a one-way designation
if the person is operating a vehicle and the
person proceeds upon a roadway designated
IRURQHZD\WUDIÀFLQDGLUHFWLRQRWKHUWKDQ
WKDWLQGLFDWHGE\DWUDIÀFFRQWUROGHYLFH
(2) The offense described in this section, fail-
ure to obey a one-way designation, is a Class
 /DQHGLUHFWLRQFRQWUROVLJQDOV:KHQ
lane direction control signals are placed over
the individual lanes of a highway, a person
may drive a vehicle in any lane over which a
green signal light is shown, but may not enter
or travel in any lane over which a red signal
OLJKWLVVKRZQ
%WUDIÀFYLRODWLRQ>F†@
(Right of Way)
811.275 Failure to yield right of way at
uncontrolled intersection; penalty. (1) A
person commits the offense of failure to yield
the right of way at an uncontrolled intersec-
 6WRSVLJQV$GULYHUDSSURDFKLQJDVWRS
sign shall stop at a clearly marked stop line,
but if none, before entering the marked cross-
walk on the near side of the intersection or, if
there is no marked crosswalk, then at the point
nearest the intersecting roadway where the
GULYHUKDVDYLHZRIDSSURDFKLQJWUDIÀFRQWKH
LQWHUVHFWLQJURDGZD\EHIRUHHQWHULQJLW$IWHU
stopping, the driver shall yield the right of way
to any vehicle in the intersection or approach-
tion if the person is operating a motor vehicle
that is approaching an uncontrolled highway
intersection and the person does not look out
for and give right of way to any driver on the
right simultaneously approaching a given
SRLQWUHJDUGOHVVRIZKLFKGULYHUÀUVWUHDFKHV
DQGHQWHUVWKHLQWHUVHFWLRQ
(2) This section is subject to the described
SURYLVLRQVRIWKHIROORZLQJVHFWLRQV
ing so closely as to constitute an immediate  D7KHSURYLVLRQVRI256UHODWLQJ
hazard during the time when the driver is WRVWRSVLJQVDQG\LHOGVLJQV
PRYLQJDFURVVRUZLWKLQWKHLQWHUVHFWLRQ
 E7KHSURYLVLRQVRI256UHODW-
 <LHOGVLJQV$GULYHUDSSURDFKLQJD\LHOG ing to the requirements to yield the right of
sign shall slow the driver’s vehicle to a speed way upon entering a freeway or other arterial
reasonable for the existing conditions and if KLJKZD\
necessary for safety, shall stop at a line as
required for stop signs under this section, and
shall yield the right of way to any vehicles in
the intersection or approaching so closely as to
FRQVWLWXWHDQLPPHGLDWHKD]DUG>F
†F†F†F
†F†F†@
 F7KHSURYLVLRQVRI256UHODW-
ing to the right of way at an uncontrolled T
LQWHUVHFWLRQ
(3) A person entering an intersection at an
unlawful speed shall forfeit any right of way
the person would otherwise have under sub-
 'ULYHUIDLOXUHWRREH\WUDIÀF VHFWLRQRIWKLVVHFWLRQ
control device; penalty. (1) A person com- (4) The offense described in this section, fail-
mits the offense of driver failure to obey a ure to yield right of way at an uncontrolled
WUDIÀFFRQWUROGHYLFHLIWKHSHUVRQGULYHVDYHKL- LQWHUVHFWLRQLVD&ODVV%WUDIÀFYLRODWLRQ>
FOHDQGWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ F†F†F†
 D)DLOVWRREH\WKHGLUHFWLRQVRIDQ\WUDIÀF F†@
FRQWUROGHYLFH 811.277 Failure to yield right of way at
 E)DLOVWRREH\DQ\VSHFLÀFWUDIÀFFRQWURO uncontrolled T intersection; penalty. (1)
GHYLFHGHVFULEHGLQ256LQWKHPDQQHU A person commits the offense of failure to yield
UHTXLUHGE\WKDWVHFWLRQ the right of way at an uncontrolled T intersec-
tion if the person is operating a motor vehicle
(2) A person is not subject to this section if on a highway that ends at an uncontrolled T
WKHSHUVRQLVGRLQJDQ\RIWKHIROORZLQJ intersection and the person does not yield the
(a) Following the directions of a police right of way to any driver who is on the high-
RIÀFHU ZD\DWWKHWRSRIWKH7LQWHUVHFWLRQ
(b) Driving an emergency vehicle or ambu-  $VXVHGLQWKLVVHFWLRQDQG256
lance in accordance with the privileges granted
WKRVHYHKLFOHVXQGHU256

Title 59 Page 239 (2015 Edition)

 OREGON VEHICLE CODE

 D´7LQWHUVHFWLRQµPHDQVDQLQWHUVHFWLRQDW person operates a motor vehicle upon a multi-

which one highway is perpendicular to another ODQHFLUFXODWRU\URDGZD\DQG
DQGDWZKLFKRQHRIWKHKLJKZD\VHQGV (a) Overtakes or passes a commercial motor
 E´7RSRIWKH7LQWHUVHFWLRQµPHDQVWKH
highway that does not end at the junction of
WZRKLJKZD\V
(3) The offense described in this section, fail-
ure to yield the right of way at an uncontrolled
7LQWHUVHFWLRQLVD&ODVV%WUDIÀFYLRODWLRQ
>F†@
vehicle;
(b) Drives alongside a commercial motor
vehicle; or
(c) Does not yield the right of way to a second
vehicle lawfully exiting the roundabout from
a position ahead and to the left of the person’s
YHKLFOH
811.280 Failure of driver entering road-  7KLVVHFWLRQGRHVQRWDSSO\LIDWUDIÀF
way to yield right of way; penalty. (1) A control device indicates that the operator of a
person commits the offense of failure of a driver PRWRUYHKLFOHVKRXOGWDNHRWKHUDFWLRQ
entering a roadway to yield the right of way if
WKHSHUVRQ (3) The offense described in this section, fail-
ure to yield right of way within a roundabout,
 D,VRSHUDWLQJDYHKLFOHWKDWLVDERXWWR
enter or cross a roadway from any private road,
driveway, alley or place other than another
roadway; and
(b) Does not yield the right of way to any
vehicle approaching on the roadway to be
entered or crossed so closely as to constitute
DQLPPHGLDWHKD]DUG
(2) This section does not apply where the
PRYHPHQWRIWUDIÀFLVRWKHUZLVHGLUHFWHGE\
DWUDIÀFFRQWUROGHYLFHRUDGULYHURIDIXQHUDO
HVFRUWYHKLFOH
(3) The offense described in this section, fail-
ure of driver entering roadway to yield right of
ZD\LVD&ODVV%WUDIÀFYLRODWLRQ>F
†F†F†@
811.285 Failure of merging driver to
yield right of way; penalty. (1) A person
commits the offense of failure of a merging
driver to yield the right of way if the person is
operating a vehicle that is entering a freeway
or other arterial highway where an acceleration
or merging lane is provided for the operator’s
use and the operator does not look out for and
give right of way to vehicles on the freeway or
RWKHUDUWHULDOKLJKZD\
(2) The offense described in this section,
failure of a merging driver to yield the right
RIZD\LVD&ODVV%WUDIÀFYLRODWLRQ>F
†F†@
811.290 Obstructing cross traffic;
penalty. (1) A person commits the offense
RIREVWUXFWLQJFURVVWUDIÀFLIWKHSHUVRQLV
operating a vehicle and the person enters an
intersection or a marked crosswalk when there
LVQRWVXIÀFLHQWVSDFHRQWKHRWKHUVLGHRIWKH
intersection or crosswalk to accommodate the
vehicle without obstructing the passage of
RWKHUYHKLFOHVRUSHGHVWULDQV
(2) The offense described in this section
DSSOLHVZKHWKHURUQRWDWUDIÀFFRQWUROGHYLFH
LQGLFDWHVWRSURFHHG
(3) The offense described in this section,
REVWUXFWLQJFURVVWUDIÀFLVD&ODVV'WUDIÀF
YLRODWLRQ>F†F†@
811.292 Failure to yield right of way
within roundabout; exception; penalty.
(1) A person commits the offense of failure to
yield right of way within a roundabout if the
Title 59 Page 240
LVD&ODVV&WUDIÀFYLRODWLRQ>F†
F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
(Driving on the Right)
811.295 Failure to drive on right; excep-
tions; penalty. (1) A person commits the
offense of failure to drive on the right if the
person is operating a vehicle on a roadway of
VXIÀFLHQWZLGWKDQGWKHSHUVRQGRHVQRWGULYH
RQWKHULJKWKDOIRIWKHURDGZD\
(2) A person is not required to drive on the
right side of the roadway by this section under
DQ\RIWKHIROORZLQJFLUFXPVWDQFHV
(a) When overtaking and passing another
vehicle proceeding in the same direction under
the rules governing this movement in ORS
WRRU
(b) When preparing to turn left in an inter-
VHFWLRQDOOH\RUSULYDWHURDGRUGULYHZD\
(c) When an obstruction or condition exists
making it necessary to drive to the left of the
center of the roadway, provided that a driver
doing so shall yield the right of way to all vehi-
cles traveling in the proper direction upon the
unobstructed portion of the roadway within a
GLVWDQFHDVWRFRQVWLWXWHDQLPPHGLDWHKD]DUG
(d) Upon a roadway divided into three
PDUNHGODQHVIRUWUDIÀFXQGHUWKHUXOHVDSSOL-
FDEOHRQWKHURDGZD\XQGHU256
(e) Upon a roadway restricted to one-way
WUDIÀF
(3) The offense described in this section, fail-
XUHWRGULYHRQWKHULJKWLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†@
811.300 Failure to drive on right of
approaching vehicle; exceptions; penalty.
(1) A person commits the offense of failure to
drive on the right of an approaching vehicle if
the person is operating a vehicle upon a road-
way having width for not more than one lane
RIWUDIÀFLQHDFKGLUHFWLRQDQGWKHSHUVRQGRHV
QRW
(2015 Edition)
 58/(62)7+(52$')25'5,9(56
(a) Pass to the right of any other vehicle
proceeding on the roadway in the opposite
direction; and
(b) Give to the other at least one-half of the
main traveled portion of the roadway as nearly
DVSRVVLEOH
(2) This section does not apply to a person
operating a vehicle as otherwise directed by a
WUDIÀFFRQWUROGHYLFH
(3) The offense described in this section,
failure to drive on the right of an approaching
YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†@
811.305 Driving on left on curve or
grade or at intersection or rail crossing;
exceptions; penalty. (1) A person commits
the offense of driving on the left on a curve
or grade or at an intersection or rail crossing
 
doing so shall yield the right of way to all vehi-
cles traveling in the proper direction upon the
unobstructed portion of the roadway within a
GLVWDQFHDVWRFRQVWLWXWHDQLPPHGLDWHKD]DUG
(c) When making a left turn at an intersec-
WLRQDOOH\RUSULYDWHURDGRUGULYHZD\
(3) The offense described in this section,
crossing the center line on a two-way, four-lane
URDGLVD&ODVV%WUDIÀFYLRODWLRQ>F
†@
811.315 Failure of slow driver to drive
on right; exceptions; penalty. (1) A person
commits the offense of failure of a slow driver
to drive on the right if the person is operating a
vehicle upon a roadway at less than the normal
VSHHGRIWUDIÀFDWWKHWLPHDQGSODFHDQGXQGHU
the conditions then existing and the person
IDLOVWRGULYH
if the person is operating a vehicle upon any
WZRZD\URDGZD\ZKHUHWUDIÀFLVSHUPLWWHGWR
move in both directions simultaneously and
the person drives on the left side of the center
RIWKHURDGZD\
(a) Upon any part of a grade or upon a
curve in the roadway where the driver’s view
is obstructed for such a distance as to create
a hazard in the event another vehicle might
approach from the opposite direction;
(b) When approaching an intersection or
railroad grade crossing where the driver’s view
is obstructed for such a distance as to create
a hazard in the event another vehicle might
approach from the opposite direction; or
(c) At any intersection or railroad grade
FURVVLQJ
(2) This section does not prohibit a person
from driving on the left side of the center of a
URDGZD\XQGHUWKHIROORZLQJFLUFXPVWDQFHV (1) A person commits the offense of failure to
(a) When the right half of the roadway is
REVWUXFWHGRUFORVHGWRWUDIÀFZKLOHXQGHUFRQ-
struction or repair; or
 D,QWKHULJKWKDQGODQHDYDLODEOHIRUWUDI-
ÀFRU
(b) As close as practicable to the right-hand
FXUERUHGJHRIWKHURDGZD\
(2) This section does not apply under any of
WKHIROORZLQJFLUFXPVWDQFHV
(a) When overtaking and passing another
vehicle proceeding in the same direction under
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(b) When preparing to turn left at an inter-
VHFWLRQDOOH\RUSULYDWHURDGRUGULYHZD\
(3) The offense described in this section,
failure of slow driver to drive on the right, is
D&ODVV%WUDIÀFYLRODWLRQ>F†
F†@
811.320 Failure to drive to right on
divided highway; exceptions; penalty.
drive to the right on a divided highway if the
person is operating a vehicle upon a highway
divided into two or more roadways by means of
an intervening space or by a physical barrier
 E:KHQDGULYHUPDNHVDODZIXOOHIWWXUQ
(3) The offense described in this section,
driving on the left on a curve or grade or at
an intersection or rail crossing, is a Class B
WUDIÀFYLRODWLRQ>F†@
811.310 Crossing center line on two-
way, four-lane road; exceptions; penalty.
(1) A person commits the offense of crossing
the center line on a two-way, four-lane road if
the person is operating a vehicle on a two-way
roadway that has four or more lanes for moving
WUDIÀFDQGWKHSHUVRQGULYHVWRWKHOHIWRIWKH
FHQWHUOLQHRIWKHURDGZD\
(2) A person is not prohibited from driving to
the left of the center line of a roadway by this
VHFWLRQXQGHUWKHIROORZLQJFLUFXPVWDQFHV alty. (1) A person commits the offense of failure
or clearly indicated dividing section so con-
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person does not drive only upon the right-hand
URDGZD\
(2) This section does not apply if a person is
RSHUDWLQJDYHKLFOHLQDFFRUGDQFHZLWKWUDIÀF
FRQWUROGHYLFHVRUWKHGLUHFWLRQVRIDSROLFHRIÀ-
cer that differ from the requirements of this
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(3) The offense described in this section,
failure to drive to the right on a divided high-
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†@
811.325 Failure to keep camper, trailer
or truck in right lane; exceptions; pen-
 D:KHQDXWKRUL]HGE\DWUDIÀFFRQWURO
device designating certain lanes to the left side
RIWKHFHQWHURIWKHURDGZD\IRUXVHE\WUDIÀF
(b) When an obstruction or condition exists
making it necessary to drive to the left of the
center of the roadway, provided that a driver
to keep a camper, trailer or truck in the right
lane if the person is operating any of the vehi-
cles described in this subsection and the person
does not drive in the right lane of all roadways
KDYLQJWZRRUPRUHODQHVIRUWUDIÀFSURFHHGLQJ
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Title 59 Page 241 (2015 Edition)

 OREGON VEHICLE CODE

 D$Q\FDPSHU turn the vehicle to the left and the person does
 E$Q\YHKLFOHZLWKDWUDLOHU QRW
(c) Any vehicle with a registration weight of (a) Approach the turn in the extreme left-
SRXQGVRUPRUH KDQGODQHODZIXOO\DYDLODEOHWRWUDIÀFPRYLQJ
in the direction of travel of the turning vehicle;
(2) This section does not require the
described vehicles to be driven in the right (b) Make the left turn to the left of the center
ODQHXQGHUDQ\RIWKHIROORZLQJFLUFXPVWDQFHV of the intersection whenever practicable; and
(a) When overtaking and passing another  F([FHSWDVRWKHUZLVHDOORZHGE\256
vehicle proceeding in the same direction under OHDYHWKHLQWHUVHFWLRQRURWKHUORFDWLRQ
the rules governing this movement in ORS in the extreme left-hand lane lawfully available
WRZKHQVXFKPRYHPHQWFDQ WRWUDIÀFPRYLQJLQWKHVDPHGLUHFWLRQDVVXFK
be made without interfering with the passage YHKLFOHRQWKHURDGZD\EHLQJHQWHUHG
RIRWKHUYHKLFOHV (2) The offense described in this section,
 E:KHQSUHSDULQJWRWXUQOHIW
(c) When reasonably necessary in response
WRHPHUJHQF\FRQGLWLRQV
(d) To avoid actual or potential traffic
moving onto the right lane from an accelera-
WLRQRUPHUJLQJODQH
improperly executing a left turn, is a Class B
WUDIÀFYLRODWLRQ>F†F
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811.345 Failure to use special left turn
lane; penalty. (1) A person commits the
offense of failure to use a special left turn lane
if the person is operating a vehicle where a
 H:KHQQHFHVVDU\WRIROORZWUDIÀFFRQWURO special lane for making left turns by drivers
proceeding in opposite directions has been indi-
devices that direct use of a lane other than the
ULJKWODQH FDWHGE\WUDIÀFFRQWUROGHYLFHVDQGWKHSHUVRQ
WXUQVWKHYHKLFOHOHIWIURPDQ\RWKHUODQH
(3) The offense described in this section,
failure to keep camper, trailer or truck in the (2) The offense described in this section,
failure to use special left turn lane, is a Class
ULJKWODQHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F† %WUDIÀFYLRODWLRQ>F†F
F†@ †@
811.330 Driving wrong way around 811.346 Misuse of special left turn lane;
WUDIÀFLVODQGSHQDOW\(1) A person commits penalty. (1) A person commits the offense of
the offense of driving the wrong way around a misuse of a special left turn lane if the person
uses a special left turn lane for anything other
WUDIÀFLVODQGLIWKHSHUVRQLVRSHUDWLQJDYHKL-
cle and the person drives the vehicle around a than making a left turn either into or from the
VSHFLDOOHIWWXUQODQH
URWDU\WUDIÀFLVODQGLQDQ\GLUHFWLRQH[FHSWWR
WKHULJKWRIWKHLVODQG (2) A person who turns into a special left
(2) The offense described in this section, turn lane from an alley, driveway or other
GULYLQJWKHZURQJZD\DURXQGDWUDIÀFLVODQG entrance to the highway that has the special
left turn lane is in violation of this section if
LVD&ODVV%WUDIÀFYLRODWLRQ>F†@
the person does anything other than stop in the
(Turning) ODQHDQGPHUJHLQWRWUDIÀFLQWKHODQHLPPH-
GLDWHO\WRWKHULJKWRIWKHSHUVRQ·VYHKLFOH
811.335 Unlawful or unsignaled turn;  $VXVHGLQ256DQGWKLVVHFWLRQ
penalty. (1) A person commits the offense of D´VSHFLDOOHIWWXUQODQHµLVDPHGLDQODQHWKDW
making an unlawful or unsignaled turn if the is marked for left turns by drivers proceeding
person is operating a vehicle upon a highway LQRSSRVLWHGLUHFWLRQV
and the person turns the vehicle right or left
ZKHQ (4) The offense described in this section,
misuse of a special left turn lane, is a Class B
(a) The movement cannot be made with rea- WUDIÀFYLRODWLRQ>F†@
sonable safety; or
811.350 Dangerous left turn; penalty.
(b) The person fails to give an appropriate (1) A person commits the offense of making a
signal continuously during not less than the GDQJHURXVOHIWWXUQLIWKHSHUVRQ
last 100 feet traveled by the vehicle before
WXUQLQJ  D,VRSHUDWLQJDYHKLFOH
(2) Appropriate signals for use while turn-  E,QWHQGVWRWXUQWKHYHKLFOHWRWKHOHIW
LQJDUHDVGHVLJQDWHGXQGHU256DQG within an intersection or into an alley, private
 road, driveway or place from a highway; and
(3) The offense described in this section, (c) Does not yield the right of way to a vehi-
making an unlawful or unsignaled turn, is cle approaching from the opposite direction
D&ODVV'WUDIÀFYLRODWLRQ>F† that is within the intersection or so close as
F†@ WRFRQVWLWXWHDQLPPHGLDWHKD]DUG
811.340 Improperly executed left turn; (2) The offense described in this section,
penalty. (1) A person commits the offense of GDQJHURXVOHIWWXUQLVD&ODVV%WUDIÀFYLROD-
making an improperly executed left turn if the WLRQ>F†F†@
person operates a vehicle and is intending to

Title 59 Page 242 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

811.355 Improperly executed right turn; (4) A driver, motorcyclist or bicyclist who is
penalty. (1) A person commits the offense of proceeding as described in this section is also
making an improperly executed right turn if VXEMHFWWRWKHUHTXLUHPHQWVXQGHU256
the person is operating a vehicle, is intending WRVWRSIRUDSHGHVWULDQEHIRUHSURFHHGLQJ
to turn the vehicle to the right and does not (5) The offense described in this section,
proceed as close as practicable to the right- improperly proceeding at a stop light, is a Class
KDQGFXUERUHGJHRIWKHURDGZD\ %WUDIÀFYLRODWLRQ>F†F
 D,QPDNLQJWKHDSSURDFKIRUDULJKWWXUQ †F†F†F†
and F†@
 E,QPDNLQJWKHULJKWWXUQ
(2) The offense described in this section,
improperly executed right turn, is a Class B
WUDIÀFYLRODWLRQ>F†F
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811.360 Vehicle turns permitted at stop
811.365 Illegal U-turn; penalty. (1) A
person commits the offense of making an ille-
gal U-turn if the person is operating a vehicle
and the person turns the vehicle so as to pro-
ceed in the opposite direction in any of the
IROORZLQJSODFHV
OLJKWSURFHHGLQJDJDLQVWWUDIÀFFRQWURO  D:LWKLQDQLQWHUVHFWLRQZKHUHWUDIÀFLV
device; improperly proceeding at stop FRQWUROOHGE\DQHOHFWULFDOVLJQDO7KLVSDUD-
light; penalty. (1) The driver of a vehicle, JUDSKGRHVQRWDSSO\ZKHUHSRVWHGRWKHUZLVH
subject to this section, who is intending to (b) Upon a highway within the limits of an
WXUQDWDQLQWHUVHFWLRQZKHUHWKHUHLVDWUDIÀF LQFRUSRUDWHGFLW\EHWZHHQLQWHUVHFWLRQV
control device showing a steady circular red (c) At any place upon a highway where
signal, a steady red bicycle signal or a steady the vehicle cannot be seen by another driver
red arrow signal may do any of the following approaching from either direction within a
ZLWKRXWYLRODWLQJ256DQG GLVWDQFHRI
 D0DNHDULJKWWXUQLQWRDWZRZD\VWUHHW (A) 500 feet within the incorporated limits
(b) Make a right or left turn into a one-way of a city; or
VWUHHWLQWKHGLUHFWLRQRIWUDIÀFXSRQWKHRQH  %IHHWRXWVLGHDFLW\
ZD\VWUHHW
(2) The offense described in this section,
 ,QDGGLWLRQWRWKHSURYLVLRQVRIVXEVHFWLRQ LOOHJDO8WXUQLVD&ODVV&WUDIÀFYLRODWLRQ
(1) of this section, a bicyclist or motorcyclist unless commission of the offense contributes to
GRHVQRWYLRODWH256DQGLI DQDFFLGHQW,IFRPPLVVLRQRIWKHRIIHQVHFRQ-
(a) The bicyclist or motorcyclist approaches tributes to an accident, the offense is a Class B
DQLQWHUVHFWLRQZKHUHWKHUHLVDWUDIÀFFRQWURO WUDIÀFYLRODWLRQ>F†F
device showing a steady circular red signal, a †@
steady red bicycle signal or a steady red arrow
signal; (Lane Use)
 E7KHWUDIÀFFRQWUROGHYLFHLVFRQWUROOHGE\ 811.370 Failure to drive within lane;
a vehicle detection device;
(c) The bicyclist or motorcyclist comes to a
FRPSOHWHVWRSDQGZDLWVIRUWKHWUDIÀFFRQWURO
device to complete one full cycle; and
(d) After the vehicle detection device fails to
detect the presence of the bicycle or motorcycle
DQGFKDQJHWKHWUDIÀFFRQWUROGHYLFHWRDJUHHQ
signal, the bicyclist or motorcyclist proceeds
ZLWKFDXWLRQWKURXJKWKHLQWHUVHFWLRQ
(3) A person commits the offense of improp-
erly proceeding at a stop light if the person
does any of the following while proceeding as
GHVFULEHGLQWKLVVHFWLRQ (2) A person who operates a commercial
exception; penalty. ([FHSWDVSURYLGHGLQ
subsection (2) of this section, a person commits
the offense of failure to drive within a lane if
the person is operating a vehicle upon a road-
way that is divided into two or more clearly
PDUNHGODQHVIRUWUDIÀFDQGWKHGULYHUGRHV
QRW
(a) Operate the vehicle as nearly as practi-
cable entirely within a single lane; and
(b) Refrain from moving from that lane
XQWLOWKHGULYHUKDVÀUVWPDGHFHUWDLQWKDW
WKHPRYHPHQWFDQEHPDGHZLWKVDIHW\
 D)DLOVWRVWRSDWWKHOLJKWDVUHTXLUHG motor vehicle within a multilane roundabout
that is divided into two or more clearly marked
(b) Fails to exercise caution to avoid an ODQHVIRUWUDIÀFPD\RSHUDWHWKHFRPPHUFLDO
DFFLGHQW motor vehicle in more than one lane when it is
 F'LVREH\VWKHGLUHFWLRQVRIDQRWKHUWUDIÀF
control device, other than the device described
in subsections (1) and (2) of this section, or a
SROLFHRIÀFHUWKDWSURKLELWVWKHGULYHUPRWRU-
F\FOLVWRUELF\FOLVWIURPSURFHHGLQJ
not practicable to remain entirely within one
ODQH
(3) The offense described in this section,
failure to drive within a lane, is a Class B
WUDIÀFYLRODWLRQ>F†F
 G)DLOVWR\LHOGWKHULJKWRIZD\WRWUDIÀF
lawfully within the intersection or approaching
so close to the intersection as to constitute an
LPPHGLDWHKD]DUG
†@
811.375 Unlawful or unsignaled change
of lane; penalty. (1) A person commits the
offense of unlawful or unsignaled change of
lanes if the person is operating a vehicle upon

Title 59 Page 243 (2015 Edition)

 OREGON VEHICLE CODE
a highway and the person changes lanes by
moving to the right or left upon the highway
ZKHQ D&ODVV'WUDIÀFYLRODWLRQ>F†
(a) The movement cannot be made with rea-
sonable safety; or
(b) The driver fails to give an appropriate
signal continuously during not less than the
last 100 feet traveled by the vehicle before
FKDQJLQJODQHV
(2) Appropriate signals for use while chang-
LQJODQHVDUHDVGHVLJQDWHGXQGHU256
DQG
(3) The offense described in this section,
unlawful or unsignaled change of lane, is a
&ODVV'WUDIÀFYLRODWLRQ>F†
F†@
811.380 Improper use of center lane
on three-lane road; penalty. (1) A person
commits the offense of improper use of the
center lane on a three-lane road if the person
is operating a vehicle upon a roadway divided
LQWRWKUHHFOHDUO\PDUNHGODQHVIRUWUDIÀFZLWK
WZRZD\PRYHPHQWRIWUDIÀFSHUPLWWHGRQWKH
roadway and the person operates the vehicle in
the center lane under any circumstances other
WKDQDVSHUPLWWHGXQGHUWKHIROORZLQJ IROORZLQJ
(a) The driver may drive in the center lane
when the center lane is allocated exclusively to
WUDIÀFPRYLQJLQWKHVDPHGLUHFWLRQWKDWWKH
GULYHULVSURFHHGLQJE\DWUDIÀFFRQWUROGHYLFH
GLUHFWLQJWKHODQHDOORFDWLRQ
(b) The driver may drive in the center lane
when the driver is overtaking and passing a
vehicle proceeding in the same direction and
WKHFHQWHUODQHLVFOHDURIWUDIÀFZLWKLQDVDIH
GLVWDQFH
(c) The driver may drive in the center lane
ZKHQPDNLQJDOHIWWXUQ
(2) The offense described in this section,
unlawful use of lights to signal for passing, is
F†@
811.395 Appropriate signals for stop-
ping, turning, changing lanes and
decelerating. This section establishes
appropriate signals, for purposes of the vehi-
cle code, for use when signals are required
while stopping, turning, changing lanes or
VXGGHQO\GHFHOHUDWLQJDYHKLFOH7KLVVHFWLRQ
does not authorize the use of only hand and
arm signals when the use of signal lights is
UHTXLUHGXQGHU2569HKLFOHOLJKWLQJ
equipment described in this section is vehicle
lighting equipment for which standards are
HVWDEOLVKHGXQGHU256DQG
$SSURSULDWHVLJQDOVDUHDVIROORZV
(1) To indicate a left turn either of the
IROORZLQJ
(a) Hand and arm extended horizontally
IURPWKHOHIWVLGHRIWKHYHKLFOH
(b) Activation of front and rear turn signal
OLJKWVRQWKHOHIWVLGHRIWKHYHKLFOH
(2) To indicate a right turn either of the

(a) Hand and arm extended upward from
WKHOHIWVLGHRIWKHYHKLFOH$SHUVRQZKRLV
operating a bicycle is not in violation of this
paragraph if the person signals a right turn
by extending the person’s right hand and arm
KRUL]RQWDOO\
(b) Activation of front and rear turn signal
OLJKWVRQWKHULJKWVLGHRIWKHYHKLFOH
(3) To indicate a stop or a decrease in speed
HLWKHURIWKHIROORZLQJ
(a) Hand and arm extended downward from
the left side of the vehicle; or
(2) The offense described in this section,
improper use of center lane on three-lane road,
LVD&ODVV%WUDIÀFYLRODWLRQ>F†@
 'HSULYLQJPRWRUF\FOHRUPRSHGRI
 E$FWLYDWLRQRIEUDNHOLJKWVRQWKHYHKLFOH
(4) Change of lane by activation of both front
and rear turn signal lights on the side of the
vehicle toward which the change of lane is
IXOOODQHSHQDOW\$SHUVRQFRPPLWVWKH
offense of depriving a motorcycle or moped of a
full lane if the person operates a motor vehicle
XSRQDURDGZD\ODQHGIRUWUDIÀFLQDPDQQHU
that prevents a moped operator or motorcyclist
IURPIXOOXVHRIDODQH
(2) This section does not apply to operators
of motorcycles or mopeds whose use of lanes
LVFRQWUROOHGE\256DQG
(3) The offense described in this section,
depriving a motorcycle or moped of a full lane,
LVD&ODVV%WUDIÀFYLRODWLRQ>F†@
PDGH>F†F†@
811.400 Failure to use appropriate
signal for turn, lane change, stop or exit
from roundabout; penalty. (1) A person com-
mits the offense of failure to use an appropriate
signal for a turn, lane change or stop or for
an exit from a roundabout if the person does
not make the appropriate signal under ORS
E\XVHRIVLJQDOODPSVRUKDQGVLJQDOV
DQGWKHSHUVRQLVRSHUDWLQJDYHKLFOHWKDWLV
(a) Turning, changing lanes, stopping or
suddenly decelerating; or
(Signaling)
811.390 Unlawful use of lights to signal
for passing; penalty. (1) A person commits
the offense of unlawful use of lights to signal
for passing if the person is operating a vehicle
DQGWKHSHUVRQÁDVKHVDQ\OLJKWVDVDFRXUWHV\
RU´GRSDVVµVLJQDOWRRWKHUGULYHUVDSSURDFKLQJ
IURPWKHUHDU
Title 59 Page 244
 E ([LWLQJ IURP DQ\ SRVLWLRQ ZLWKLQ D
URXQGDERXW
(2) This section does not authorize the use
of only hand signals to signal a turn, change
of lane, stop or deceleration when the use of
VLJQDOOLJKWVLVUHTXLUHGXQGHU256
(3) The offense described in this section, fail-
ure to use appropriate signal for a turn, lane
change or stop or for an exit from a roundabout,
(2015 Edition)
 58/(62)7+(52$')25'5,9(56
LVD&ODVV%WUDIÀFYLRODWLRQ>F†
F†F†@
811.405 Failure to signal with lights;
exceptions; penalty. (1) A person commits
the offense of failure to signal with lights when
required if a person is operating a vehicle and
does not use the vehicle lighting equipment
GHVFULEHGXQGHU256WRVLJQDOZKHQ
turning, changing lanes, stopping or sud-
denly decelerating under any of the following
 
(d) An overtaking vehicle shall return to an
DXWKRUL]HGODQHRIWUDIÀFDVVRRQDVSUDFWLFDEOH
(2) This section does not authorize driving
on the left side of the center of the road when
SURKLELWHGXQGHUWKHIROORZLQJ
(a) Limitations on driving on the left of the
FHQWHURIDURDGZD\XQGHU256
(b) Passing in a no passing zone under ORS

FLUFXPVWDQFHV  F256DQGWR
 D'XULQJOLPLWHGYLVLELOLW\FRQGLWLRQV
(b) At any time the person is operating a
vehicle or combination of vehicles in which
the distance from the center of the top of the
steering post to the left outside limit of the
body, cab or load of the vehicle is greater than
LQFKHV
(c) At any time the person is operating a
vehicle or combination of vehicles in which
the distance from the center of the top of the
steering post to the rear limit of the body or
ORDGLVJUHDWHUWKDQIHHW
(2) This section does not require the driver
of a moped or bicycle that is not equipped with
lighting equipment to use lighting equipment
ZKHQ UHTXLUHG E\ WKLV VHFWLRQ $ GULYHU RI
such moped or bicycle shall signal by means
of appropriate hand and arm signals described
XQGHU256ZLWKRXWYLRODWLRQRIWKLV
VHFWLRQ
(3) The offense described in this section,
failure to signal with lights when required, is
D&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†@
(Passing)
811.410 Unsafe passing on left; penalty.
(1) A person commits the offense of unsafe
passing on the left if the person violates any
of the following requirements concerning the
RYHUWDNLQJDQGSDVVLQJRIYHKLFOHV to permit passage by the overtaking vehicle to
(a) The driver of a vehicle that is overtaking
any other vehicle proceeding in the same direc-
tion shall pass to the left of the other vehicle
at a safe distance and shall not again drive to
the right side of the roadway until safely clear
RIWKHRYHUWDNHQYHKLFOH
WKDWUHTXLUHGULYLQJRQWKHULJKW
(3) The offense described in this section,
XQVDIHSDVVLQJRQWKHOHIWLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†D@
811.415 Unsafe passing on right; pen-
alty. (1) A person commits the offense of unsafe
SDVVLQJRQWKHULJKWLIWKHSHUVRQ
(a) Drives a vehicle to overtake and pass
upon the right of another vehicle at any time
QRWSHUPLWWHGXQGHUWKLVVHFWLRQ
(b) Drives a vehicle to overtake and pass
upon the right of another vehicle at any time
E\GULYLQJRIIWKHSDYHGSRUWLRQRIWKHKLJKZD\
(2) For purposes of this section, a person
may drive a vehicle to overtake and pass upon
the right of another vehicle under any of the
IROORZLQJFLUFXPVWDQFHV
(a) Overtaking and passing upon the right
LVSHUPLWWHGLI
(A) The overtaken vehicle is making or the
driver has signaled an intention to make a left
turn;
(B) The paved portion of the highway is of
VXIÀFLHQWZLGWKWRDOORZWZRRUPRUHODQHVRI
vehicles to proceed lawfully in the same direc-
tion as the overtaking vehicle; and
(C) The roadway ahead of the overtaking
YHKLFOHLVXQREVWUXFWHGIRUDVXIÀFLHQWGLVWDQFH
EHPDGHLQVDIHW\
(b) Overtaking and passing upon the right
is permitted if the overtaken vehicle is pro-
ceeding along a roadway in the left lane of
two or more clearly marked lanes allocated
H[FOXVLYHO\WRYHKLFXODUWUDIÀFPRYLQJLQWKH
VDPHGLUHFWLRQDVWKHRYHUWDNLQJGULYHU
 E([FHSWZKHQRYHUWDNLQJDQGSDVVLQJRQ
WKHULJKWLVSHUPLWWHGXQGHU256WKH
driver of an overtaken vehicle shall give way
to the right in favor of an overtaking vehicle
and shall not increase the speed of the over-
taken vehicle until completely passed by the
RYHUWDNLQJYHKLFOH
(c) The driver of a vehicle shall not drive
to the left side of the center of the roadway in
overtaking and passing a vehicle proceeding
in the same direction unless the left side is
FOHDUO\YLVLEOHDQGLVIUHHRIRQFRPLQJWUDIÀF
IRUDVXIÀFLHQWGLVWDQFHDKHDGWRSHUPLWWKH
overtaking and passing to be completed with-
out interfering with the operation of a vehicle
approaching from the opposite direction or a
YHKLFOHRYHUWDNHQ
Title 59 Page 245
(c) Overtaking and passing upon the right is
permitted if the overtaking vehicle is a bicycle
that may safely make the passage under the
H[LVWLQJFRQGLWLRQV
(3) The offense described in this section,
XQVDIHSDVVLQJRQWKHULJKWLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†
F†@
811.420 Passing in no passing zone;
exceptions; penalty. (1) A person commits
the offense of passing in a no passing zone if
the person drives a vehicle on the left side of
a roadway in a no passing zone that has been
established and designated to prohibit such
movements by appropriate signs or markings
SRVWHGRQWKHURDGZD\
(2015 Edition)
 OREGON VEHICLE CODE

(2) The authority to establish and post no (a) At an authorized crossover or intersec-
passing zones for purposes of this section is tion; or
HVWDEOLVKHGXQGHU256 (b) At the specific direction of a road
(3) The provisions of this section do not apply
DXWKRULW\
XQGHUDQ\RIWKHIROORZLQJFLUFXPVWDQFHV (4) The offense described in this section,
(a) When a driver turns left into or from an driving on a highway divider, is a Class B
DOOH\LQWHUVHFWLRQSULYDWHURDGRUGULYHZD\ WUDIÀFYLRODWLRQ>F†F
(b) When an obstruction or condition exists †@
making it necessary to drive to the left of the 811.435 Operation of motor vehicle on
center of the roadway provided that a driver bicycle trail; exemptions; penalty. (1) A
doing so shall yield the right of way to all vehi-
person commits the offense of operation of a
cles traveling in the proper direction upon the motor vehicle on a bicycle trail if the person
unobstructed portion of the roadway within a operates a motor vehicle upon a bicycle lane
distance that would constitute an immediate RUDELF\FOHSDWK
KD]DUG  ([HPSWLRQVWRWKLVVHFWLRQDUHSURYLGHG
(4) The offense described in this section, XQGHU256
SDVVLQJLQDQRSDVVLQJ]RQHLVD&ODVV%WUDIÀF
 7KLVVHFWLRQLVQRWDSSOLFDEOHWRPRSHGV
YLRODWLRQ>F†F†@ 256DQGFRQWUROWKHRSHUDWLRQ
811.425 Failure of slower driver to yield DQGXVHRIPRSHGVRQELF\FOHODQHVDQGSDWKV
to overtaking vehicle; penalty. (1) A person (4) The offense described in this section,
commits the offense of failure of a slower driveroperation of a motor vehicle on a bicycle trail,
to yield to overtaking vehicle if the person is LVD&ODVV%WUDIÀFYLRODWLRQ>F†@
driving a vehicle and the person fails to move
the person’s vehicle off the main traveled por- 811.440 When motor vehicles may oper-
WLRQRIWKHKLJKZD\LQWRDQDUHDVXIÀFLHQWIRU ate on bicycle lane. This section provides
VDIHWXUQRXWZKHQ exemptions from the prohibitions under ORS
DQGDJDLQVWRSHUDWLQJPRWRU
(a) The driver of the overtaken vehicle is YHKLFOHVRQELF\FOHODQHVDQGSDWKV7KHIROORZ-
proceeding at a speed less than a speed estab- LQJYHKLFOHVDUHQRWVXEMHFWWR256DQG
OLVKHGLQ256DVSULPDIDFLHHYLGHQFH XQGHUWKHFLUFXPVWDQFHVGHVFULEHG
of violation of the basic speed rule;
(1) A person may operate a moped on a bicy-
(b) The driver of the overtaking vehicle is cle lane that is immediately adjacent to the
proceeding at a speed in conformity with ORS roadway only while the moped is being exclu-
 VLYHO\SRZHUHGE\KXPDQSRZHU
(c) The highway is a two directional, two- (2) A person may operate a motor vehicle
lane highway; and XSRQDELF\FOHODQHZKHQ
(d) There is no clear lane for passing avail- (a) Making a turn;
DEOHWRWKHGULYHURIWKHRYHUWDNLQJYHKLFOH
 E(QWHULQJRUOHDYLQJDQDOOH\SULYDWHURDG
(2) This section does not apply to the driver or driveway; or
RIDYHKLFOHLQDIXQHUDOSURFHVVLRQ
 F5HTXLUHGLQWKHFRXUVHRIRIÀFLDOGXW\
(3) The offense described in this section,
failure of a slower driver to yield to overtak- (3) An implement of husbandry may momen-
tarily cross into a bicycle lane to permit other
LQJYHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F† vehicles to overtake and pass the implement
F†F†@ RIKXVEDQGU\
(4) A person may operate a motorized wheel-
(Prohibited Places) FKDLURQDELF\FOHODQHRUSDWK
811.430 Driving on highway divider; (5) A person may operate a motor assisted
exceptions; penalty. (1) A person commits VFRRWHURQDELF\FOHODQHRUSDWK
the offense of driving on a highway divider
if the person drives a vehicle over, across or  $SHUVRQPD\RSHUDWHDQHOHFWULFSHUVRQDO
within a dividing space, barrier or section assistive mobility device on a bicycle lane or
that is an intervening space, physical barrier SDWK>F†F†
or clearly indicated dividing section so con- F†F†@
VWUXFWHGDVWRLPSHGHYHKLFXODUWUDIÀFDQGWKDW 811.445 Use of throughway when pro-
GLYLGHVDKLJKZD\LQWRWZRRUPRUHURDGZD\V hibited; penalty. (1) A person commits the
(2) For purposes of this section, a “dividing offense of use of a throughway when prohib-
VSDFHµLQFOXGHVSDYHPHQWPDUNLQJVRIVROLG ited if any use restrictions or prohibitions
double yellow lines with yellow cross-hatching are posted by appropriate signs giving notice
EHWZHHQWKHGRXEOH\HOORZOLQHV thereof and the person violates any restriction
RUSURKLELWLRQVRSRVWHG
(3) This section does not apply when the
movement of a vehicle that is otherwise pro- (2) The authority to impose restrictions
KLELWHGE\WKLVVHFWLRQLVPDGH and prohibitions for purposes of this section
LVJUDQWHGXQGHU256

Title 59 3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

(3) The offense described in this section, use %WUDIÀFYLRODWLRQ>F†F

of throughway when prohibited, is a Class D
WUDIÀFYLRODWLRQ>F†F
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811.450 Violation of posted truck
routes; defense; penalty. (1) A person com-
mits the offense of violation of posted truck
routes if appropriate signs designating truck
routes are posted and the person does not oper-
ate a vehicle in compliance with the posted
UHTXLUHPHQWV
(2) Authority to establish and change truck
routes for purposes of this section is estab-
OLVKHGLQ256
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F†@
811.460 Failure to follow rail crossing
procedures for high-risk vehicles; appli-
cation; penalty. (1) A person commits the
offense of failure to follow rail crossing proce-
dures for high-risk vehicles if the person takes
any vehicle described in this section across any
UDLOURDGRUUDLOÀ[HGJXLGHZD\V\VWHPWUDFNV
DWJUDGHZLWKRXWGRLQJDOORIWKHIROORZLQJ
(a) Stopping the vehicle at a clearly marked
stop line or, if there is not a clearly marked
stop line, not less than 15 feet nor more than
 ,WLVDGHIHQVHWRDFKDUJHRIYLRODWLRQ 50 feet from the nearest rail of the railroad or
of this section if the person so charged can UDLOÀ[HGJXLGHZD\V\VWHP
establish that the person could not reach the (b) While so stopped, listening and look-
person’s destination without traveling upon ing in both directions along the tracks for
the street, road or highway prohibited under DSSURDFKLQJ WUDLQV RU UDLO À[HG JXLGHZD\
WKHSRVWHGUHTXLUHPHQWV system vehicles and for signals indicating
(4) The offense described in this section, DSSURDFKLQJ WUDLQV RU UDLO À[HG JXLGHZD\
violation of posted truck routes, is a Class B V\VWHPYHKLFOHV
WUDIÀFYLRODWLRQ>F†F (c) Proceeding across the tracks after
†F†@ stopping only when such movement can be per-
formed safely in the gear of the motor vehicle
(Rail Crossings) that does not require manually changing gears
ZKLOHSURFHHGLQJ
811.455 Failure to stop for railroad
signal; penalty. (1) A person commits the (d) Proceeding across the tracks without
offense of failure to stop for a railroad signal PDQXDOO\FKDQJLQJJHDUV
if the person fails to comply with any of the (2) This section applies to the following vehi-
IROORZLQJUHTXLUHPHQWV FOHVZKHQPRYHGDFURVVUDLOURDGRUUDLOÀ[HG
(a) A person who is driving a vehicle must JXLGHZD\V\VWHPWUDFNV
stop the vehicle at a clearly marked stop line  D$VFKRROEXV
on the near side of a railroad crossing or, if
there is no clearly marked stop line, not less (b) A school activity vehicle with a loaded
than 15 feet nor more than 50 feet from the ZHLJKWRISRXQGVRUPRUH
nearest rail of the crossing under any of the  F$ZRUNHUWUDQVSRUWEXV
IROORZLQJFLUFXPVWDQFHV
(d) Any bus operated for transporting chil-
(A) When a clearly visible electric or dren to and from church or an activity or
mechanical signal is given by a device that IXQFWLRQDXWKRUL]HGE\DFKXUFK
warns of the immediate approach of a railroad
WUDLQ (e) Any vehicle used in the transportation
RISHUVRQVIRUKLUHE\DQRQSURÀWHQWLW\
 %8SRQWKHORZHULQJRIDFURVVLQJJDWH
 I$FRPPHUFLDOEXV
 &:KHQDVLJQDOJLYHQE\DÁDJJHURUSROLFH
RIÀFHULQGLFDWHVWKHDSSURDFKRUSDVVDJHRID (g) A motor vehicle carrying as a cargo
UDLOURDGWUDLQ or part of a cargo any explosive substance,
LQÁDPPDEOH OLTXLGV FRUURVLYHV RU VLPLODU
(D) When an approaching train is clearly substances or any cargo that the Department
visible and because of its nearness to the cross- RI7UDQVSRUWDWLRQGHWHUPLQHVWREHKD]DUGRXV
LQJLVDQLPPHGLDWHKD]DUG For purposes of this paragraph, the depart-
 (:KHQDQDXGLEOHVLJQDOLVJLYHQE\DQ ment may only determine a substance to be
approaching railroad train because its speed KD]DUGRXVE\UXOH$Q\UXOHVDGRSWHGE\WKH
or nearness to the crossing is an immediate department to determine hazardous sub-
KD]DUG stances must be consistent with substances
FODVVLÀHGDVKD]DUGRXVE\WKH8QLWHG6WDWHV
(b) A driver who has stopped for the pass- 6HFUHWDU\RI7UDQVSRUWDWLRQ
ing of a train at a railroad grade crossing in
accordance with the provisions of this section (h) A tank vehicle, whether loaded or empty,
shall not proceed across the railroad tracks used for the transportation of any hazardous
XQWLOWKHGULYHUFDQGRVRVDIHO\ PDWHULDO
(c) A person shall not drive any vehicle  ([HPSWLRQVWRWKLVVHFWLRQDUHSURYLGHG
through, around or under a crossing gate or XQGHU256
barrier at a railroad crossing while the gate or (4) The offense described in this section,
EDUULHULVFORVHGRULVEHLQJRSHQHGRUFORVHG failure to follow rail crossing procedures for
(2) The offense described in this section, KLJKULVNYHKLFOHVLVD&ODVV%WUDIÀFYLRODWLRQ
failure to stop for a railroad signal, is a Class >F†F†F

Title 59 Page 247 (2015 Edition)

 OREGON VEHICLE CODE

†F†F†F (a) School buses or school activity vehicles

†F†F†F
†F†@
811.462 Failure of operator of commer-
cial motor vehicle to slow down and check
tracks; penalty. (1) A person commits the
offense of failure of the operator of a commer-
cial motor vehicle to slow down and check that
tracks are clear of an approaching train if the
SHUVRQ (d) High-risk vehicles described in ORS
that are required to stop at crossings with
FURVVLQJJDWHVXQGHU256
(b) Tank vehicles, whether loaded or empty,
used to transport hazardous materials;
(c) Vehicles transporting any hazardous
material requiring the vehicle to be placarded;
or
WKDWDUHQRWRWKHUZLVHGHVFULEHGLQ
 D,VRSHUDWLQJDFRPPHUFLDOPRWRUYHKLFOH this subsection, when operating in interstate
WKDWLVQRWUHTXLUHGE\256WRVWRS FRPPHUFH
before reaching a rail crossing;
 ([FHSWZKHQDWUDLQRUUDLOÀ[HGJXLGH-
 E,VDSSURDFKLQJDUDLOFURVVLQJDWJUDGH
and
(c) Fails to slow down and check that the
tracks are clear of an approaching train before
SURFHHGLQJDFURVVWKHUDLOURDGWUDFNV
(2) The offense described in this section,
failure of the operator of a commercial motor
vehicle to slow down and check that tracks
are clear of an approaching train, is a Class B
WUDIÀFYLRODWLRQ>F†@
811.465 Exemptions from high-risk
vehicle rail crossing procedures. This sec-
tion establishes exemptions from the special
crossing procedures established for high-risk
YHKLFOHVXQGHU2567KHH[HPSWLRQV
are partial or complete as described in the
IROORZLQJ IROORZLQJ
(1) The vehicles are not required to comply
with the procedures at a crossing of a street or
KLJKZD\DQGUDLOÀ[HGJXLGHZD\V\VWHPWUDFNV
LI À[HGJXLGHZD\V\VWHPLQWLPHIRUSURWHFWLRQ
way system vehicle is approaching, the driver
of a commercial bus is not required to stop at
crossings where the Department of Transpor-
tation has determined and plainly marked that
QRVWRSQHHGEHPDGH>F†
F†F†F†
F†@
811.470 Improper movement of heavy
equipment across rail crossing; appli-
cation; penalty. (1) A person commits
the offense of improper movement of heavy
equipment across a rail crossing if the person
operates or moves any equipment described
in this section upon or across any tracks at a
UDLOURDGRUUDLOÀ[HGJXLGHZD\V\VWHPJUDGH
crossing without complying with any of the

(a) Before moving across the tracks, the
person must give notice of an intended crossing
WRDUHVSRQVLEOHRIÀFHURIWKHUDLOURDGRUUDLO
WREHJLYHQ
 D7KHUDLOÀ[HGJXLGHZD\V\VWHPYHKLFOHV
operate within and parallel to the right of way
of a street or highway; and
(b) All vehicle movements are controlled by
WUDIÀFFRQWUROGHYLFHV
(2) The vehicles are not required to comply
with the procedures when crossing any rail-
way tracks upon which operation has been
abandoned and for which the Department of
Transportation has plainly marked that no
VWRSQHHGEHPDGH
(3) The vehicles are not required to comply
with the procedures when crossing industry
track crossings across which train operations
DUHUHTXLUHGE\ODZWREHFRQGXFWHGXQGHUÁDJ
SURWHFWLRQ
(4) The vehicles are not required to comply
with the procedures when crossing industry
WUDFNFURVVLQJVZLWKLQEXVLQHVVGLVWULFWV
(5) Vehicles are not required to comply with
the procedures when crossing any crossing
ZKHUHDQRIÀFHUGLUHFWVWUDIÀFWRSURFHHGRU
ZKHUHDQRSHUDWLQJWUDIÀFFRQWUROVLJQDOLQGL-
FDWHVWKDWRWKHUWUDIÀFPD\SURFHHG
 E:KHUHWKHUDLOURDGRUUDLOÀ[HGJXLGH-
ZD\V\VWHPKDVSURYLGHGDÁDJJHUWKHSHUVRQ
operating or moving such equipment shall obey
WKHGLUHFWLRQRIWKHÁDJJHU
(c) The person operating or moving such
HTXLSPHQWPXVWGRDOORIWKHIROORZLQJ
(A) The person must stop before making the
crossing at a clearly marked line or, if there is
no clearly marked line, not less than 15 feet
QRUPRUHWKDQIHHWIURPWKHQHDUHVWUDLO
(B) While so stopped, the person must look
and listen in both directions along the tracks
IRUDSSURDFKLQJWUDLQV
(C) The person shall not proceed across the
WUDFNVXQOHVVWKHFURVVLQJFDQEHPDGHVDIHO\
(2) This section applies to the operation of
PRYHPHQWDFURVVUDLOURDGRUUDLOÀ[HGJXLGH-
way system tracks of any crawler-type tractor,
steam shovel, derrick, roller or any equipment
or structure having a normal operating speed
of 10 miles per hour or less or a vertical body
or load clearance of less than one-half inch per
foot of the distance between any two adjacent
axles or in any event of less than nine inches,
 9HKLFOHVDUHQRWUHTXLUHGWRFRPSO\ZLWK PHDVXUHGDERYHWKHOHYHOVXUIDFHRIDURDGZD\
the procedures when crossing any crossing pro-
WHFWHGE\FURVVLQJJDWHV7KHH[HPSWLRQXQGHU (3) The offense described in this section,
WKLVVXEVHFWLRQGRHVQRWDSSO\WR improper movement of heavy equipment across
DUDLOFURVVLQJLVD&ODVV%WUDIÀFYLRODWLRQ

Title 59 Page 248 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

>F†F†F in a safety corridor is two percent of the maxi-

†F†F†@ PXPÀQHHVWDEOLVKHGIRUWKHRIIHQVH
811.475 Obstructing rail crossing; (3) This section applies to the following
penalty. (1) A person commits the offense offenses if committed in the designated safety
of obstructing a rail crossing if the person is FRUULGRUV
operating a vehicle and the person does either  D&ODVV$RU&ODVV%WUDIÀFYLRODWLRQV
RIWKHIROORZLQJ
 E&ODVV&RU&ODVV'WUDIÀFYLRODWLRQV
 D'ULYHVRQWRDQ\UDLOURDGRUUDLOÀ[HG UHODWHGWRH[FHHGLQJDOHJDOVSHHG
guideway system grade crossing when there
LVQRWVXIÀFLHQWVSDFHRQWKHRWKHUVLGHRIWKH  F 5HFNOHVV GULYLQJ DV GHÀQHG LQ 256
UDLOURDGRUUDLOÀ[HGJXLGHZD\V\VWHPJUDGH 
crossing to accommodate the vehicle the person
is operating without obstructing the passage
of other vehicles, pedestrians, railroad trains
RUUDLOÀ[HGJXLGHZD\V\VWHPYHKLFOHVRU
(b) While driving a commercial motor vehi-
cle, fails to negotiate the rail crossing because
RILQVXIÀFLHQWXQGHUFDUULDJHFOHDUDQFH
(2) The offense described in this section
LVDSSOLFDEOHZKHWKHURUQRWDWUDIÀFFRQWURO
GHYLFHLQGLFDWHVWRSURFHHG
(3) The offense described in this section,
REVWUXFWLQJUDLOFURVVLQJVLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†
F†F†@
(Miscellaneous)
811.480 Illegal backing; penalty. (1) A
person commits the offense of illegal backing if
the person backs a vehicle the person is driving
when it is not safe to do so or when it causes
LQWHUIHUHQFHZLWKRWKHUWUDIÀFXSRQDKLJKZD\
(2) The offense described in this section,
LOOHJDOEDFNLQJLVD&ODVV'WUDIÀFYLRODWLRQ
>F†F†@
811.481 Unlawful use of marijuana
while driving; penalty. (1) A person commits
the offense of use of marijuana while driving if
the person uses any marijuana while driving
DPRWRUYHKLFOHXSRQDKLJKZD\
(2) The offense described in this section, use
RIPDULMXDQDZKLOHGULYLQJLVD&ODVV%WUDIÀF
YLRODWLRQ>F†@
811.483 Safety corridors; penalty. (1)
The Department of Transportation shall post
signs in safety corridors chosen by the depart-
PHQWLQGLFDWLQJWKDWÀQHVIRUWUDIÀFRIIHQVHV
committed in those safety corridors will be
GRXEOHG
 G'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVDVGHÀQHGLQ256
(e) Failure to perform the duties of a
driver involved in an accident or collision, as
GHVFULEHGLQ256RU
(f) Criminal driving while suspended or
UHYRNHGDVGHÀQHGLQ256
(g) Fleeing or attempting to elude a police
RIÀFHUDVGHÀQHGLQ256>F
†F†DF†F
†F†F†@
811.485 Following too closely; penalty.
(1) A person commits the offense of follow-
ing too closely if the person does any of the
IROORZLQJ
(a) Drives a motor vehicle so as to follow
another vehicle more closely than is reasonable
and prudent, having due regard for the speed of
WKHYHKLFOHVDQGWKHWUDIÀFXSRQDQGFRQGLWLRQ
RIWKHKLJKZD\
(b) Drives a truck, commercial bus or motor
vehicle drawing another vehicle when traveling
upon a roadway outside of a business or res-
idence district or upon a freeway within the
corporate limits of a city and follows another
truck, commercial bus or motor vehicle draw-
ing another vehicle without, when conditions
SHUPLWOHDYLQJVXIÀFLHQWVSDFHVRWKDWDQRYHU-
taking vehicle may enter and occupy the space
ZLWKRXWGDQJHU7KLVSDUDJUDSKGRHVQRWSUH-
vent a truck, commercial bus or motor vehicle
drawing another vehicle from overtaking and
SDVVLQJDYHKLFOHRUFRPELQDWLRQRIYHKLFOHV
(c) Drives a motor vehicle when traveling
upon a roadway outside of a business or res-
idence district or upon a freeway within the
corporate limits of a city in a caravan or motor-
cade whether or not towing another vehicle
without operating the vehicle so as to leave
 D7KHSUHVXPSWLYHÀQHIRUDSHUVRQ
charged with an offense that is listed in sub-
section (3)(a) or (b) of this section and that is
committed in a safety corridor chosen by the
department under subsection (1) of this section
shall be the amount established under ORS

VXIÀFLHQWVSDFHEHWZHHQYHKLFOHVWRHQDEOHD
vehicle to enter and occupy the space without
GDQJHU
(2) This section does not apply in the case
RIDIXQHUDOSURFHVVLRQ([FHSWIRUWKHIXQHUDO
lead vehicle, vehicles participating in a funeral
procession shall follow the preceding vehicle
 E7KHPLQLPXPÀQHIRUDSHUVRQFRQYLFWHG
of a misdemeanor offense that is listed in sub-
section (3)(c) to (g) of this section and that is
committed in a safety corridor is 20 percent of
WKHPD[LPXPÀQHHVWDEOLVKHGIRUWKHRIIHQVH
DVFORVHO\DVLVUHDVRQDEOHDQGVDIH
(3) The offense described in this section, fol-
ORZLQJWRRFORVHO\LVD&ODVV%WUDIÀFYLRODWLRQ
>F†F†F
†@
 F7KHPLQLPXPÀQHIRUDSHUVRQFRQYLFWHG
of a felony offense that is listed in subsection
(3)(c) to (g) of this section and that is committed

Title 59 Page 249 (2015 Edition)

 OREGON VEHICLE CODE

811.490 Improper opening or leaving that is emerging from an alley, building, pri-
open of vehicle door; penalty. (1) A person vate road or driveway in a business or residence
commits the offense of improper opening or district and the person does not stop the vehicle
leaving open a vehicle door if the person does DVIROORZV
DQ\RIWKHIROORZLQJ  D,IWKHUHLVDVLGHZDONRUVLGHZDONDUHD
(a) Opens any door of a vehicle unless and the person must stop the vehicle before driving
until it is reasonably safe to do so and it can be RQWRWKHVLGHZDONRUVLGHZDONDUHD
done without interference with the movement
RIWUDIÀFRUZLWKSHGHVWULDQVDQGELF\FOHVRQ
VLGHZDONVRUVKRXOGHUV
(b) Leaves a door open on the side of a vehicle
DYDLODEOHWRWUDIÀFRUWRSHGHVWULDQVRUELF\-
cles on sidewalks or shoulders for a period of
time longer than necessary to load or unload
SDVVHQJHUV
(2) The offense described in this section,
improper opening or leaving open a vehicle
GRRULVD&ODVV'WUDIÀFYLRODWLRQ>F
†F†@
811.492 Engine braking; penalty; excep-
 E,IWKHUHLVQRVLGHZDONRUVLGHZDONDUHD
the person must stop at the point nearest the
roadway to be entered where the driver has a
YLHZRIDSSURDFKLQJWUDIÀF
(2) The offense described in this section,
failure to stop when emerging from an alley,
GULYHZD\RUEXLOGLQJLVD&ODVV%WUDIÀFYLR-
ODWLRQ>F†F†
F†@
811.507 Operating motor vehicle while
using mobile communication device;
exceptions; penalty. (1) As used in this
VHFWLRQ
tion. (1) A person commits the offense of engine
braking if the person is operating a motor vehi-
FOHRQDKLJKZD\DQGXVHVDQXQPXIÁHGHQJLQH
EUDNH
(2) The offense described in this section,
HQJLQHEUDNLQJLVD&ODVV$WUDIÀFYLRODWLRQ
 D´+DQGVIUHHDFFHVVRU\µPHDQVDQDWWDFK-
ment or built-in feature for or an addition to a
mobile communication device, whether or not
permanently installed in a motor vehicle, that
when used allows a person to maintain both
KDQGVRQWKHVWHHULQJZKHHO
(3) A person is not in violation of this section
LIWKHSHUVRQXVHVDQXQPXIÁHGHQJLQHEUDNH
in an emergency situation to avoid imminent
GDQJHUWRDSHUVRQRUWRSURSHUW\>F
†@
811.495 Unlawful coasting on down-
grade; exception; penalty. (1) A person
commits the offense of unlawful coasting on a
downgrade if the person is the driver of a vehi-
cle on a downgrade and the person coasts with
the gears or transmission of the motor vehicle
LQQHXWUDORUZLWKWKHFOXWFKGLVHQJDJHG
(2) This section does not apply to the driver
RIDPRWRUL]HGELF\FOH
 E´0RELOHFRPPXQLFDWLRQGHYLFHµPHDQVD
text messaging device or a wireless, two-way
communication device designed to receive and
WUDQVPLWYRLFHRUWH[WFRPPXQLFDWLRQ
(2) A person commits the offense of operating
a motor vehicle while using a mobile commu-
nication device if the person, while operating
a motor vehicle on a highway, uses a mobile
FRPPXQLFDWLRQGHYLFH
(3) This section does not apply to a person
who activates or deactivates a mobile commu-
nication device or a function of the device or
who uses the device for voice communication
LIWKHSHUVRQ
(3) The offense described in this section,  D,VVXPPRQLQJPHGLFDORURWKHUHPHU-
unlawful coasting on a downgrade, is a Class gency help if no other person in the vehicle is
'WUDIÀFYLRODWLRQ>F†F capable of summoning help;
†F†@  E,VXVLQJDPRELOHFRPPXQLFDWLRQGHYLFH
811.500 Unlawful stop or deceleration; for the purpose of farming or agricultural
penalty. (1) A person commits the offense of operations;
unlawful stop or deceleration if the person is  F,VRSHUDWLQJDQDPEXODQFHRUHPHUJHQF\
operating a vehicle and the person stops or vehicle;
suddenly decreases the speed of the vehicle
ZLWKRXWÀUVWJLYLQJDQDSSURSULDWHVLJQDOWR  G,V\HDUVRIDJHRUROGHUDQGLVXVLQJD
the driver immediately to the rear when there hands-free accessory;
LVRSSRUWXQLW\WRJLYHWKHVLJQDO  H,VRSHUDWLQJDPRWRUYHKLFOHZKLOHSUR-
(2) Appropriate signals for the purpose of viding public safety services or emergency
this section are as designated under ORS services;
DQG  I,VRSHUDWLQJDPRWRUYHKLFOHZKLOHDFWLQJ
(3) The offense described in this section, in the scope of the person’s employment as a
unlawful stop or deceleration, is a Class B SXEOLFVDIHW\RIÀFHUDVGHÀQHGLQ256
WUDIÀFYLRODWLRQ>F†F
†@
811.505 Failure to stop when emerging
from alley, driveway or building; penalty.
(1) A person commits the offense of failure to
stop when emerging from an alley, driveway
or building if the person is operating a vehicle
 J,VRSHUDWLQJDWRZYHKLFOHRUURDGVLGH
assistance vehicle while acting in the scope of
the person’s employment;
(h) Holds a valid amateur radio operator
license issued or any other license issued by
the Federal Communications Commission and
is operating an amateur radio;

Title 59 Page 250 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

 L,VRSHUDWLQJDWZRZD\UDGLRGHYLFHWKDW
transmits radio communication transmitted
by a station operating on an authorized fre-
quency within the citizens’ or family radio
service bands in accordance with rules of the
Federal Communications Commission;
operates a low-speed vehicle on a highway that
has a speed limit or posted speed of more than
PLOHVSHUKRXU
(2) Notwithstanding subsection (1) of this
section, a city or county may adopt an ordi-
nance allowing operation of low-speed vehicles
 M,VRSHUDWLQJDYHKLFOHRZQHGRUFRQWUDFWHG
by a utility for the purpose of installing,
repairing, maintaining, operating or upgrad-
ing utility service, including but not limited
to natural gas, electricity, water or telecom-
munications, while acting in the scope of the
person’s employment; or
on city streets or county roads that have speed
limits or posted speeds of more than 35 miles
SHUKRXU
(3) The offense described in this section,
unlawfully operating a low-speed vehicle on a
KLJKZD\LVD&ODVV%WUDIÀFYLRODWLRQ>
F†@
 N,VXVLQJDIXQFWLRQRIWKHPRELOHFRPPX-
nication device that allows for only one-way
YRLFHFRPPXQLFDWLRQZKLOHWKHSHUVRQLV penalty. (1) A person commits the offense of
(A) Operating a motor vehicle in the scope
of the person’s employment;
(B) Providing transit services; or
(C) Participating in public safety or emer-
JHQF\VHUYLFHDFWLYLWLHV
(4) The offense described in this section,
operating a motor vehicle while using a mobile
FRPPXQLFDWLRQGHYLFHLVD&ODVV&WUDIÀF
YLRODWLRQ
(5) The Department of Transportation shall
place signs on state highways to notify drivers
that violation of this section is subject to a
PD[LPXPÀQHRI>F†
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NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
811.510 Dangerous operation around
livestock; penalty. (1) A person commits the
offense of dangerous operation around live-
stock if the person is operating a vehicle upon
a highway and the person fails to do any of the
IROORZLQJ on a highway that has a speed limit or posted
(a) A driver shall use caution when
approaching or passing a person riding, lead-
LQJRUKHUGLQJOLYHVWRFNRQWKHKLJKZD\
811.513 Unlawfully operating medi-
um-speed electric vehicle on highway;
unlawfully operating a medium-speed electric
vehicle on a highway if the person operates a
medium-speed electric vehicle on a highway
with a posted speed limit that is greater than
PLOHVSHUKRXU
(2) Notwithstanding subsection (1) of this
section, a city or county may adopt an ordi-
nance allowing operation of medium-speed
electric vehicles on city streets or county roads
that have speed limits or posted speeds of more
WKDQPLOHVSHUKRXU
(3) The offense described in this section,
unlawfully operating a medium-speed elec-
WULFYHKLFOHRQDKLJKZD\LVD&ODVV%WUDIÀF
YLRODWLRQ>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
811.514 Unlawfully operating racing
activity vehicle on highway; penalty. (1) A
person commits the offense of unlawfully oper-
ating a racing activity vehicle on a highway if
the person operates a racing activity vehicle
VSHHGWKDWLVJUHDWHUWKDQPLOHVSHUKRXU
(2) The offense described in this section,
unlawfully operating a racing activity vehicle
 E,IDSHUVRQULGLQJRUOHDGLQJOLYHVWRFN
upon a highway gives a distress signal to an
approaching driver by raising a hand, the
driver must promptly stop the driver’s vehicle,
unless movement forward is necessary to avoid
an accident, and, if requested, shall turn off
WKHHQJLQHXQWLOWKHOLYHVWRFNLVXQGHUFRQWURO
(c) A driver shall yield the right of way to
OLYHVWRFNEHLQJGULYHQRQDKLJKZD\
(2) This section is only applicable if the live-
stock is an animal of the species of horses,
PXOHVGRQNH\VFDWWOHVZLQHVKHHSRUJRDWV
(3) The offense described in this section,
dangerous operation around livestock, is a
&ODVV%WUDIÀFYLRODWLRQ>F†@
 8QODZIXOO\RSHUDWLQJORZVSHHG
RQDKLJKZD\LVD&ODVV%WUDIÀFYLRODWLRQ
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
USE OF LIGHTS AND WARNINGS
(Lights)
811.515 When lights must be displayed;
kind of light; number; direction; use on
certain vehicles. This section establishes
UHTXLUHPHQWVIRU256([FHSWZKHUH
DQ H[HPSWLRQ XQGHU 256  VSHFLÀ-
cally provides otherwise, a vehicle that does
YHKLFOH RQ KLJKZD\ SHQDOW\  $ SHUVRQ not comply with this section is in violation of
commits the offense of unlawfully operating 256:KHUHVSHFLÀFW\SHVRIOLJKWLQJ
a low-speed vehicle on a highway if the person equipment are mentioned in this section, those

Title 59 Page 251 (2015 Edition)

 OREGON VEHICLE CODE

W\SHVDUHW\SHVGHVFULEHGLQ256WR lights at any one time that are mounted on the

7KHUHTXLUHPHQWVXQGHUWKLVVHFWLRQ
DUHDVIROORZV RILQWHQVLW\JUHDWHUWKDQFDQGOHSRZHU
(1) Subject to any other provision of this
section, any lighting equipment a vehicle
is required to be equipped with under ORS
WRPXVWEHGLVSOD\HGZKHQ
the vehicle is upon a highway within this state
DWDQ\WLPHOLPLWHGYLVLELOLW\FRQGLWLRQVH[LVW
The provisions of this subsection apply during
the times stated when the required visibility
is measured on a straight, level unlighted
KLJKZD\
front of a vehicle and that each projects a beam
(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
DYHKLFOH
(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
 %([FHSWDVSURYLGHGLQSDUDJUDSKERI
(2) Parking lights and lights other than this subsection, when use of the low beams of
FOHDUDQFHLGHQWLÀFDWLRQDQGPDUNHUOLJKWVWKDW the vehicle headlight system is required under
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
OLPLWHGYLVLELOLW\FRQGLWLRQVH[LVWH[FHSWZKHQ be lighted on a motorcycle provided that the
(a) The lights are being used as turn signals;
or
(b) The headlights are also lighted at the
VDPHWLPH
(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
SDUNLQJOLJKWV
VXEVHFWLRQRIWKLVVHFWLRQ
(b) Notwithstanding paragraph (a)(B) of this
subsection, a light, other than a headlight, may
intensity of the light does not exceed the inten-
VLW\RIWKHORZEHDPVRIWKHKHDGOLJKWV\VWHP
A motorcycle may not be operated with more
than two lights, other than headlights, under
WKLVSDUDJUDSK
(9) A spotlight shall not be lighted upon
approaching another vehicle unless the spot-
light 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
 $OOYHKLFOHVQRWVSHFLÀFDOO\UHTXLUHG
E\256WREHHTXLSSHGZLWKOLJKW-
ing equipment shall at times when limited
visibility conditions exist display exempt-ve-
KLFOHVDIHW\OLJKWLQJHTXLSPHQW7KLVVHFWLRQ
includes, but is not limited to, animal drawn
vehicles and vehicles exempted from required
OLJKWLQJHTXLSPHQWXQGHU256
(5) Tow vehicle warning lights on tow vehi-
cles shall be activated when the tow vehicles
are engaged in connecting with other vehicles
and drawing such vehicles onto highways or
ZKLOHVHUYLFLQJGLVDEOHGYHKLFOHV
extreme left side of the vehicle upon which it
is mounted, more than 100 feet ahead of the
YHKLFOH
(10) Auxiliary lights mounted higher than
54 inches shall not be lighted when the vehicle
LVXVHGRQDKLJKZD\
(11) A back-up light shall not be lighted when
WKHYHKLFOHLVLQIRUZDUGPRWLRQ
(12) Bus safety lights shall only be operated
LQDFFRUGDQFHZLWKWKHIROORZLQJ
(a) The lights may be operated when the
vehicle is stopping or has stopped for the pur-
pose of loading or unloading students who are
 :KHQOLPLWHGYLVLELOLW\FRQGLWLRQVH[LVW
a person shall use a distribution of light or
FRPSRVLWHEHDPWKDWLVGLUHFWHGVXIÀFLHQWO\
high and that is of such intensity so as to reveal
persons and vehicles on the highway at a safe
GLVWDQFHLQDGYDQFHRIWKHYHKLFOH$SHUVRQ
violates this subsection if the person does not
FRPSO\ZLWKWKHIROORZLQJ (c) The lights may be operated when the
(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
RQFRPLQJGULYHU7KHXVHRIWKHORZEHDPVRI
the vehicle headlight system is in compliance
with this paragraph at all times regardless of
URDGFRQWRXUDQGORDGLQJRIWKHYHKLFOH
going to or from any school or authorized school
DFWLYLW\RUIXQFWLRQ
(b) The lights may be operated when the
vehicle is stopping or has stopped for the pur-
pose of loading or unloading workers from
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vehicle is stopping or has stopped for the pur-
pose of loading or unloading children being
transported to or from religious services or an
activity or function authorized by a religious
RUJDQL]DWLRQ
(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
EXVVDIHW\OLJKWVRQDQRWKHUYHKLFOH
 E([FHSWZKHQLQWKHDFWRIRYHUWDNLQJRU
passing, a driver of a vehicle following another
vehicle within 350 feet to the rear must use the
ORZEHDPVRIWKHYHKLFOHKHDGOLJKWV\VWHP
(7) When a vehicle is upon a highway a
person shall light not more than a total of four
(e) Notwithstanding any other paragraph
of this subsection, the lights shall not be oper-
ated if the vehicle is stopping or has stopped
DWDQLQWHUVHFWLRQZKHUHWUDIÀFLVFRQWUROOHG
E\HOHFWULFDOWUDIÀFFRQWUROVLJQDOVRWKHUWKDQ
ÁDVKLQJVLJQDOVRUE\DSROLFHRIÀFHU

Title 59 Page 252 (2015 Edition)

 58/(62)7+(52$')25'5,9(56
(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
FRPSOHWHO\RIIWKHURDGZD\
(13)(a) Hazard lights shall be used for the
purpose of warning the operators of other
YHKLFOHVRIWKHSUHVHQFHRIDYHKLFXODUWUDIÀF
hazard requiring the exercise of unusual care
LQDSSURDFKLQJRYHUWDNLQJRUSDVVLQJ
 
RSHUDWHGXQGHU256DQGRSHUDWHVRU
fails to operate lighting equipment as required
XQGHU256
(b) Owns a vehicle or combination of vehicles
and causes or knowingly permits the vehicle or
combination of vehicles to be driven or moved
RQDQ\KLJKZD\DWDWLPHZKHQ256
requires or prohibits the operation of vehicle
lighting equipment without compliance with
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 E+D]DUGOLJKWVVKDOOEHXVHGE\WKHÀUVW
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(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
RUSDVVLQJ$YHKLFOHZLWKPDLOGHOLYHU\OLJKWV
(c) Drives any vehicle in a funeral procession
ZLWKRXWXVLQJWKHORZEHDPKHDGOLJKWV
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) The offense described in this section,
unlawful use of or failure to use lights, is a
&ODVV%WUDIÀFYLRODWLRQH[FHSWWKDWYLRODWLRQ
is in compliance with this subsection if the RI256RURUVXEVHF-
OLJKWVDUHÁDVKHGFRQWLQXRXVO\ZKLOHWKHYHKL-
cle is in motion in active service transporting
mail or if the lights are actuated by application
RIWKHVHUYLFHEUDNHZKLOHWKHYHKLFOHLVSDUNHG
(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
GHVFULSWLRQQRWSHUPLWWHGXQGHU256
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811.525 Exemptions from requirements
for use of lights. This section establishes
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The exemptions under this section are in addi-
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The exemptions established under this sec-
tion are partial or complete as described in
 )LUHFRPSDQ\ZDUQLQJOLJKWVDXWKRUL]HG WKHIROORZLQJ
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may be used by the persons authorized under
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company warning lights authorized under ORS
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construed to prohibit the use of additional
parts and accessories on any vehicle not incon-
VLVWHQWZLWKWKHSURYLVLRQVRIWKRVHVHFWLRQV
PD\EHXVHGE\IXQHUDOHVFRUWYHKLFOH  ([FHSWIRUWKHSURYLVLRQVUHODWLQJWR
or funeral lead vehicle drivers while driving exempt-vehicle safety lighting equipment, ORS
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covered or otherwise concealed when not being IROORZLQJ
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(17) Any lighted headlights upon a parked  E5RDGUROOHUV
YHKLFOHVKDOOEHGLPPHG
 F)DUPWUDFWRUV
(18) Commercial vehicle warning lights may
EHXVHGRQO\ (d) Antique vehicles that are maintained
as a collector’s item and used for exhibitions,
(a) To warn operators of other vehicles of parades, club activities and similar uses, but
WKHSUHVHQFHRIDWUDIÀFKD]DUGUHTXLULQJWKH not used primarily for the transportation of
exercise of unusual care in approaching, over- SHUVRQVRUSURSHUW\
taking or passing the commercial vehicle; and
(3) Whenever motor and other vehicles are
(b) When the commercial vehicle is being operated in combination during the time that
used for commercial purposes and the vehicle lights are required, any lighting equipment,
LV except the taillight, which by reason of its loca-
(A) Stopped, parked or left standing at a tion on a vehicle of the combination would be
commercial or work site; or obscured by another vehicle of the combination,
QHHGQRWEHOLJKWHG7KLVVXEVHFWLRQVKDOOQRW
 %,QDKLJKZD\ZRUN]RQHDVGHÀQHGLQ
256>F†F†
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811.520 Unlawful use or failure to use
lights; penalty. (1) A person commits the
offense of unlawful use or failure to use lights
LIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ OLJKWHGDVUHTXLUHGXQGHU256
(a) Drives or moves on any highway any vehi-
cle at a time when vehicle lighting is required
to be operated or is prohibited from being
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
OLJKWHG
(4) Lighting equipment on bicycles shall be
(5) Parked or stopped vehicles are not
required to display parking lights if the
road authority for the highway provides by

Title 59 Page 253 (2015 Edition)

 OREGON VEHICLE CODE

ordinance or resolution that no lights need be
displayed upon a vehicle parked on the highway
in accordance with legal parking regulations
ZKHUHWKHUHLVVXIÀFLHQWOLJKWWRUHQGHUFOHDUO\
discernible any person or object within a dis-
WDQFHRIIHHWIURPWKHKLJKZD\
 F:RUNHUWUDQVSRUWEXVHV
(d) Vehicles used in transportation of per-
VRQVIRUKLUHE\DQRQSURÀWHQWLW\
(e) A bus being operated for transporting
children to and from religious services or an
activity or function authorized by the religious
 1RWKLQJXQGHU256DQG RUJDQL]DWLRQ
limits the ability to use the following lights
ZLWKDQ\RWKHUOLJKWVGXULQJWKHGD\RUDWQLJKW  I&RPPHUFLDOEXVHV
 D3XEOLFYHKLFOHZDUQLQJOLJKWV (g) Motor trucks with a registration weight
LQH[FHVVRISRXQGV
 E3LORWYHKLFOHZDUQLQJOLJKWV
(h) Trailers with a registration weight in
 F7RZYHKLFOHZDUQLQJOLJKWV H[FHVVRISRXQGV
 G3ROLFHOLJKWV
(e) Warning lights on vehicles at the scene
of an actual or potential release of hazardous
PDWHULDOVDVGHVFULEHGLQ256
(f) Warning lights on vehicles being used
by medical examiners to reach the scene of
an accident or of a death investigation, as
GHVFULEHGLQ256
(3) Requirements to be equipped with road-
side vehicle warning devices are contained in
256
(4) The offense described in this section, fail-
ure to post warnings for a disabled vehicle, is
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 J&RPPHUFLDOYHKLFOHZDUQLQJOLJKWV
(7) Requirements for use of motorcycle and
PRSHGKHDGOLJKWVDUHXQGHU256
(8) Requirements for lighting equipment for
an electric personal assistive mobility device
DUHXQGHU256>F†
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OBEYING POLICE
 )DLOLQJWRREH\SROLFHRIÀFHU
penalty. (1) A person commits the offense of
IDLOLQJWRREH\DSROLFHRIÀFHULIWKHSHUVRQ
refuses or fails to comply with any lawful order,
VLJQDORUGLUHFWLRQRIDSROLFHRIÀFHUZKR
F†F†F†@
811.526 Safety campaign for use of
headlights. The Department of Transporta-
tion shall conduct a safety campaign to educate
people about the advantages of using head-
lights in fog or rain or when driving on a single
ODQHKLJKZD\7KHFDPSDLJQVKDOOLQFOXGHEXW
need not be limited to, encouraging people to
GULYHZLWKKHDGOLJKWVRQXQGHUWKHVSHFLÀHG
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NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
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See Preface to Oregon Revised Statutes for
 D,VGLVSOD\LQJWKHSROLFHRIÀFHU·VVWDURU
badge; and
(b) Has lawful authority to direct, control
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(2) The offense described in this section, fail-
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(a) The person is operating a motor vehicle;
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(Flares) EDGJHRIRIÀFHRURSHUDWLQJDYHKLFOHDSSUR-
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811.530 Failure to post warnings for police vehicle gives a visual or audible signal
disabled vehicle; application; penalty. (1) to bring the vehicle to a stop, including any
A person commits the offense of failure to post signal by hand, voice, emergency light or siren,
warnings for a disabled vehicle if the person is DQGHLWKHU
the driver, or other person in charge of a vehicle
subject to this section, and the person does not (A) The person, while still in the vehicle,
cause the placement of such roadside vehicle NQRZLQJO\ÁHHVRUDWWHPSWVWRHOXGHDSXUVXLQJ
warning devices as the Department of Trans- SROLFHRIÀFHURU
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when the vehicle is disabled during limited NQRZLQJO\ÁHHVRUDWWHPSWVWRHOXGHWKHSROLFH
visibility conditions and cannot immediately RIÀFHU
be removed from the main traveled portion of
a highway outside of a business district or res-  ,WLVDQDIÀUPDWLYHGHIHQVHWRDSURV-
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(2) This section applies only to the following PDUNHGDVDQRIÀFLDOSROLFHYHKLFOHVLJQDOHG
YHKLFOHV the person to bring the person’s vehicle to a
 D6FKRROEXVHV stop, the person proceeded lawfully to an area
the person reasonably believed was necessary
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Title 59 Page 254 (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

(3) The offense described in this section, VHWDSDUWDVDVDIHW\]RQH([HPSWLRQVXQGHU

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is applicable upon any premises open to the VXEVHFWLRQ
SXEOLFDQG (8) Alongside or opposite a street excava-
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described in subsection (1)(b)(A) of this sec- RUSDUNLQJZRXOGREVWUXFWWUDIÀF([HPSWLRQV
tion; or XQGHU256WRDUHDSSOLFDEOHWR
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as described in subsection (1)(b)(B) of this sec- (9) Upon a bridge or other elevated struc-
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PARKING, STOPPING AND STANDING  :LWKLQDKLJKZD\WXQQHO([HPSWLRQV
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811.550 Places where stopping, stand-
ing and parking prohibited. This section
establishes places where stopping, standing
and parking a vehicle are prohibited for pur-
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 2QDQ\UDLOURDGRUUDLOÀ[HGJXLGHZD\
system tracks or within seven and one-half
feet of the nearest rail at a time when the
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WLRQVRUUHSDLURIWKHWUDFNV([HPSWLRQVXQGHU
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if a person parks, stops or leaves standing a  2QDWKURXJKZD\([HPSWLRQVXQGHU
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(1) Upon a roadway outside a business dis- VXEVHFWLRQ
trict or residence district, whether attended or   ,Q WKH DUHD EHWZHHQ URDGZD\V RI
unattended, when it is practicable to stop, park D GLYLGHG KLJKZD\ LQFOXGLQJ FURVVRYHUV
RUOHDYHWKHYHKLFOHVWDQGLQJRIIWKHURDGZD\ ([HPSWLRQVXQGHU256WRDUH
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(2) On a shoulder, whether attended or unat- GHYLFHVSURKLELWVWRSSLQJ([HPSWLRQVXQGHU
tended, unless a clear and unobstructed width 256WRDUHDSSOLFDEOHWRWKLV
of the roadway opposite the standing vehicle VXEVHFWLRQ
is left for the passage of other vehicles and the
standing vehicle is visible from a distance of  ,QIURQWRIDSXEOLFRUSULYDWHGULYHZD\
200 feet in each direction upon the roadway or ([HPSWLRQVXQGHU256DQGWR
the person, at least 200 feet in each direction DUHDSSOLFDEOHWRWKLVVXEVHFWLRQ
upon the roadway, warns approaching motor-  :LWKLQIHHWRIDÀUHK\GUDQW([HPS-
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(7) Between a safety zone and the adjacent VXEVHFWLRQ
curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone,   $W DQ\ SODFH ZKHUH WUDIÀF FRQWURO
unless a different length is indicated by signs GHYLFHVSURKLELWVWDQGLQJ([HPSWLRQVXQGHU
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tion the safety zone must be an area or space WRWKLVVXEVHFWLRQ
RIÀFLDOO\VHWDSDUWZLWKLQDURDGZD\IRUWKH (21) Within 50 feet of the nearest rail of a
exclusive use of pedestrians and which is pro- UDLOURDGRUUDLOÀ[HGJXLGHZD\V\VWHPFURVVLQJ
tected or is so marked or indicated by adequate ([HPSWLRQVXQGHU256WRDUH
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Title 59 Page 255 (2015 Edition)

 OREGON VEHICLE CODE

  $W DQ\ SODFH ZKHUH WUDIÀF FRQWURO  :KHQDSSOLFDEOHWKLVVXEVHFWLRQH[HPSWV

GHYLFHVSURKLELWSDUNLQJ([HPSWLRQVXQGHU vehicles acting in compliance with law or at the
256WRDUHDSSOLFDEOHWRWKLV GLUHFWLRQRIDSROLFHRIÀFHURUDWUDIÀFFRQWURO
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 2QDELF\FOHODQH([HPSWLRQVXQGHU (7) When applicable, this subsection exempts
256DUHDSSOLFDEOHWRWKLVVXEVHFWLRQ the driver of a vehicle that is disabled in such
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811.555 Illegal stopping, standing or
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A person commits the offense of illegal stop-
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(a) The person stops, parks or leaves stand-
ing a vehicle in a place where such stopping,
parking or standing is prohibited under ORS
RU
(b) The person is the owner of an unattended
vehicle parked in a place where such parking
LVSURKLELWHGXQGHU256
manner and to such extent that the driver
cannot avoid stopping or temporarily leaving
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(8) When applicable, this subsection
exempts vehicles owned or operated by the
State Department of Fish and Wildlife when
stopping, standing or parking is necessary to
(9) When applicable, this subsection exempts
vehicles momentarily stopped to allow oncom-
LQJWUDIÀFWRSDVVEHIRUHPDNLQJDULJKWKDQG
or left-hand turn or momentarily stopped in
preparation for or while negotiating an exit
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(10) When applicable, this subsection
exempts commercial vehicles that are stopped,
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE- standing or parked when stopping, standing or
OLVKHGXQGHU256 parking is necessary to engage in any activity
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moved a vehicle that is stopped, parked or left
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associated with the collection of solid waste,
recyclable material or yard debris, as those
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tion of the owner of a vehicle under subsection
(1)(b) of this section that the use of the vehi-
cle was not authorized by the owner, either
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(5) The offense described by this section,
illegal stopping, standing or parking, is a Class
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811.560 Exemptions from prohibitions
on stopping, standing or parking. This
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(1) When applicable, this subsection exempts
school buses or worker transport buses stopped
on a roadway to load or unload workers or chil-
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VDIHW\OLJKWVRQWKHEXVDUHRSHUDWLQJ
(2) When applicable, this subsection exempts
vehicles stopped, standing or parked momen-
WDULO\WRSLFNXSRUGLVFKDUJHDSDVVHQJHU
(3) When applicable, this subsection exempts
vehicles stopped, standing or parked momen-
tarily for the purpose of and while actually
engaged in loading or unloading property or
SDVVHQJHUV
(4) When applicable, this subsection exempts
vehicles owned or operated by the state, a
county or city when stopping, standing or
parking is necessary to perform maintenance
RUUHSDLUZRUNRQWKHURDGZD\
(5) When applicable, this subsection exempts
vehicles from the prohibitions and penalties
when the driver’s disregard of the prohibitions
LVQHFHVVDU\WRDYRLGFRQÁLFWZLWKRWKHUWUDIÀF
Title 59 3DJH
811.565 Dangerous movement of
stopped, standing or parked vehicle;
penalty. (1) A person commits the offense of
dangerous movement of a stopped, standing or
parked vehicle if the person moves a vehicle so
stopped, standing or parked when the move-
PHQWFDQQRWEHPDGHZLWKUHDVRQDEOHVDIHW\
(2) The offense described in this section,
dangerous movement of a stopped, standing
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>F†F†@
811.570 Improperly positioning paral-
defense; penalty. (1) A person commits the
offense of improperly positioning a parallel
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(a) The person stops or parks a vehicle on a
highway where parallel parking is permitted
and the vehicle is not parked in accordance
ZLWKWKHIROORZLQJ
(A) Upon a two-way highway, the vehicle
shall be positioned so that the right-hand
wheels are parallel to and within 12 inches of
the right curb or, if none, as close as possible
WRWKHULJKWHGJHRIWKHULJKWVKRXOGHU
(B) On a one-way highway where parallel
parking is permitted on either side, a vehicle
parked or stopped on the right side shall be
positioned in accordance with the requirements
of subparagraph (A) of this paragraph and a
vehicle parked or stopped on the left side shall
be positioned so that the left-hand wheels are
parallel to and within 12 inches of the left curb
or, if none, as close as possible to the left edge
RIWKHOHIWVKRXOGHU
(2015 Edition)
 58/(62)7+(52$')25'5,9(56
(C) Where marked parking spaces are pro-
vided, a vehicle shall be positioned so that it
faces in the direction in which vehicles in the
adjacent lane of the roadway are required to
travel and so that the wheels are within the
parking space markings which are parallel to
the curb or, if none, to the edge of the shoulder;
or
(b) The person is the owner of an unattended
vehicle parked on a highway in violation of
 
advertising, selling or offering merchandise
for sale except pursuant to written agreement
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(2) The offense described in this section,
unlawful parking for vending purposes is a
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811.585 Failure to secure motor vehicle;
DIÀUPDWLYHGHIHQVHSHQDOW\(1) A person
commits the offense of failure to secure a motor
vehicle if the person is driving or is in charge
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(2) The provisions of this section do not apply
to the driver of a vehicle that is disabled in
such manner and to such extent that the driver
cannot avoid stopping or temporarily leaving
RIDPRWRUYHKLFOHDQG
(a) The person permits the vehicle to stand
XQDWWHQGHGRQDKLJKZD\ZLWKRXWÀUVWGRLQJ
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the disabled vehicle in a position prohibited by  $6WRSSLQJWKHHQJLQH
WKLVVHFWLRQ (B) Turning the front wheels to the curb or
 $SROLFHRIÀFHUXQGHUDXWKRULW\JUDQWHG side of the highway when standing upon any
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moved a vehicle that is parked in violation of  &/RFNLQJWKHLJQLWLRQ
WKLVVHFWLRQ
 '5HPRYLQJWKHNH\IURPWKHLJQLWLRQ
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tion of the owner of a vehicle under subsection  ((IIHFWLYHO\VHWWLQJWKHEUDNHRQWKHYHKL-
(1)(b) of this section that the use of the vehi- cle; or
cle was not authorized by the owner, either (b) The person is the owner of an unattended
H[SUHVVO\RUE\LPSOLFDWLRQ motor vehicle parked on a highway in violation
(5) The offense described in this section, RISDUDJUDSKDRIWKLVVXEVHFWLRQ
improperly positioning a parallel parked vehi-
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811.575 Violation of posted parking
UHVWULFWLRQVRQVWDWHKLJKZD\VDIÀUPD-
tive defense; penalty. (1) A person commits
the offense of violation of posted parking
restrictions on state highways if appropriate
signs or markings are posted giving notice of
any regulations, restrictions or prohibitions on
the parking, stopping or standing of vehicles
RQDVWDWHKLJKZD\DQG reserved for alternative fuel vehicle refu-
(a) The person parks, stops or stands a vehi-
cle on a state highway in violation of any such
regulations, restrictions or prohibitions; or
(b) The person is the owner of an unattended
vehicle parked on a state highway in viola-
tion of any such regulations, restrictions or
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(2) Authority to impose restrictions, regu-
lations and prohibitions on parking, stopping
or standing of vehicles on state highways is
HVWDEOLVKHGXQGHU256
 ,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVHFX-
tion of the owner of a vehicle under subsection
(1)(b) of this section that the use of the vehi-
cle was not authorized by the owner, either
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(3) The offense described in this section,
failure to secure a motor vehicle, is a Class D
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811.587 Unlawful parking in space
eling; penalty. (1) As used in this section,
´DOWHUQDWLYHIXHOYHKLFOHµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256%H[FHSWWKDW
´DOWHUQDWLYHIXHOYHKLFOHµLQFOXGHVYHKLFOHVUHJ-
LVWHUHGLQDQ\MXULVGLFWLRQ
(2) A person commits the offense of unlawful
parking in a space reserved for alternative fuel
YHKLFOHUHIXHOLQJLI
(a) The person parks a vehicle in any park-
ing space that is on premises open to the public;
(b) The parking space is marked or signed as
reserved for alternative fuel vehicle refueling;
 ,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVHFX-
tion of the owner of a vehicle under subsection
(1)(b) of this section that the use of the vehi-
cle was not authorized by the owner, either
H[SUHVVO\RUE\LPSOLFDWLRQ
(4) The offense described in this section, vio-
lation of posted parking restrictions on state
KLJKZD\VLVD&ODVV'WUDIÀFYLRODWLRQ>
F†F†@
811.580 Parking vehicle on state high-
way for vending purposes; penalty. (1)
A driver commits the offense of unlawful
parking for vending purposes if the person
parks or leaves standing a vehicle on a right
of way of a state highway for the purpose of
Title 59 Page 257
and
(c) The vehicle in the parking space is not
HQJDJHGLQWKHUHIXHOLQJSURFHVV
(3) The offense of unlawful parking in a
space reserved for alternative fuel vehicle
UHIXHOLQJLVD&ODVV'WUDIÀFYLRODWLRQ>
F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 811 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
(2015 Edition)
 OREGON VEHICLE CODE
Note7KHGHÀQLWLRQRI´DOWHUQDWLYHIXHO
YHKLFOHµLQ%ZDVGHOHWHGE\DPHQG-
ment by section 28, chapter 701, Oregon Laws
7KHWH[WRIZDVQRWDPHQGHG
by enactment of the Legislative Assembly to
UHÁHFWWKHGHOHWLRQ(GLWRULDODGMXVWPHQWRI
IRUWKHGHOHWLRQRIWKHGHÀQLWLRQKDV
QRWEHHQPDGH
(Winter Recreation Parking Areas)
811.590 Unlawful parking in winter
SHUPLWVXQGHUWKLVVHFWLRQ7KHSURJUDPHVWDE-
lished by the department shall comply with all
RIWKHIROORZLQJ
(1) The department shall adopt rules nec-
essary for the issuance and administration of
ZLQWHUUHFUHDWLRQSDUNLQJSHUPLWV7KHUXOHV
VKDOOEHDGRSWHGXQGHU256FKDSWHU
(2) The department shall include all of
the following in the rules adopted under this
VHFWLRQ
recreation parking area; exemptions;
penalty. (1) A person commits the offense
of unlawful parking in a winter recreation
parking area if the person parks a vehicle in
a location designated as a winter recreation
SDUNLQJDUHDXQGHU256DWDQ\WLPH
from November 1 of any year to April 30 of the
next year and the vehicle is not displaying a
winter recreation parking permit issued under
256
 D7KHW\SHRISHUPLW
(b) The manner in which the permit is to be
LVVXHG
(c) The manner of displaying the permit on
DYHKLFOH
(d) Procedures for issuance of permits by
SHUVRQVDSSRLQWHGE\WKHGHSDUWPHQW
(3) Vehicle permits issued under this section
VKDOOEHWUDQVIHUDEOHIURPYHKLFOHWRYHKLFOH
  8QOHVV WKH SROLFH RIÀFHU LVVXLQJ WKH
citation witnesses the parking of the vehicle,
a rebuttable presumption exists that a vehicle
parked in violation of this section was parked
E\WKHUHJLVWHUHGRZQHURIWKHYHKLFOH,IWKH
parking of the vehicle is witnessed by the police
RIÀFHUWKHRSHUDWRURIWKHYHKLFOHLVLQYLRODWLRQ
RIWKLVVHFWLRQ
(4) The fees for issuance of winter recreation
parking permits are as provided under ORS
>F†F†@
811.600 Fees for winter recreation
parking permits. The Oregon Transporta-
tion Commission shall set the fees for issuance
of a winter recreation parking permit issued
 ,QDGGLWLRQWRWKRVHYHKLFOHVGLVSOD\LQJD
winter recreation parking permit, the following
vehicles are not subject to the prohibition or
SHQDOW\XQGHUWKLVVHFWLRQ IHHVXQGHUWKLVVHFWLRQ7KHIHHVHVWDEOLVKHGIRU
(a) A vehicle owned and operated by the
United States, another state or a political
VXEGLYLVLRQWKHUHRI
(b) A vehicle owned and operated by this
state or by any city, district or political subdi-
YLVLRQWKHUHRI
(c) A vehicle owned by a resident of another
state if the vehicle displays a winter area park-
ing permit issued in accordance with the laws
of the state in which the owner of the vehi-
cle resides and that is similar to the winter
recreation parking permit issued under ORS
7KHH[HPSWLRQXQGHUWKLVSDUDJUDSK
XQGHU256E\UXOH7KHFRPPLVVLRQ
shall consider recommendations of the Winter
Recreation Advisory Committee in setting the
issuance of winter recreation parking permits
shall be designed to cover the costs of enforcing
the requirement for winter recreation park-
ing permits and of removing snow from winter
recreation parking locations designated under
256EXWPD\QRWH[FHHGWKHIROORZLQJ
(1) For winter recreation parking permits
YDOLGIRUDSHULRGRIRQHGD\
(2) For winter recreation parking permits
valid for a period of three consecutive days,

(3) For winter recreation parking permits
valid for a period of one year beginning each
is only granted to the extent that a similar 1RYHPEHU>F†F
exemption or privilege is granted under the
laws of the other state for vehicles displaying a
winter recreation parking permit issued under
256
(4) The offense described in this section,
unlawful parking in a winter recreation park-
LQJDUHDLVDVSHFLÀFÀQHWUDIÀFYLRODWLRQ7KH
SUHVXPSWLYHÀQHIRUXQODZIXOSDUNLQJLQD
ZLQWHUUHFUHDWLRQSDUNLQJDUHDLV>
F†F†F†
†F†F†
F†F†@
(Parking for Persons With Disabilities)
811.602 Disabled person parking
permit; content; rules. (1) A disabled
person parking permit is a means of identify-
ing vehicles being used to exercise the parking
SULYLOHJHVGHVFULEHGLQ2567KHIRO-
ORZLQJDUHGLVDEOHGSHUVRQSDUNLQJSHUPLWV
F†@
811.595 Winter recreation parking
permit; rules; fees. A winter recreation park-
ing permit is a vehicle permit that is issued
as evidence of a grant of authority to park a
vehicle in a winter recreation parking loca-
WLRQHVWDEOLVKHGXQGHU256ZLWKRXW
YLRODWLRQRI2567KH'HSDUWPHQW
of Transportation shall establish a program
for the issuance of winter recreation parking
Title 59 Page 258
 D$VSHFLDOGHFDOGHVFULEHGLQ256
issued by the Department of Transportation to
EHDIÀ[HGWRDJROIFDUWRUVXEVWDQWLDOO\VLPLODU
vehicle;
(b) An individual placard described in ORS

(c) A program placard issued by the depart-
PHQWXQGHU256
(2015 Edition)
 58/(62)7+(52$')25'5,9(56  

(d) A family placard issued by the depart- individual or a family to contain not more than
PHQWXQGHU256 IRXUGLJLWVRIWKHGULYHUOLFHQVHRULGHQWLÀFDWLRQ
(e) A foreign visitor placard issued by the card number of the person to whom the decal
GHSDUWPHQWXQGHU256DQG RUSODFDUGLVLVVXHG>F†F
†F†F†F
 I$´:KHHOFKDLU8VHUµSODFDUGRUGHFDO
LVVXHGE\WKHGHSDUWPHQWXQGHU256
(2) The department shall issue a disabled
person parking permit in the form of a decal
or individual placard to any person who sub-
mits an application that complies with ORS
1RWKLQJLQWKLVVHFWLRQSURKLELWVWKH
department from issuing a decal or individual
placard to a person who has disabled veteran
UHJLVWUDWLRQSODWHVLVVXHGXQGHU256
DQGZKRTXDOLÀHVIRUWKHGHFDORUSODFDUG
†F†F†F
†F†@
  3DUNLQJ LGHQWLÀFDWLRQ FDUG
without photograph; issuance; rules.
(1) The Department of Transportation shall
LVVXHDSDUNLQJLGHQWLÀFDWLRQFDUGZLWKRXW
a photograph to an applicant for a disabled
person parking permit if the applicant does
not have a driver license, a driver permit or
DQLGHQWLÀFDWLRQFDUGLVVXHGE\WKHGHSDUW-
PHQWXQGHU256DQGLIWKHDSSOLFDQW
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVXE-
section, the department may not issue more
WKDQRQHLQGLYLGXDOSODFDUGWRDQDSSOLFDQW
The department may issue a replacement
placard upon receipt of proof satisfactory to
the department that the original placard has
EHHQORVWPXWLODWHGRUGHVWUR\HG7KHGHSDUW-
ment may issue a temporary duplicate permit
to a person who needs a duplicate permit for
WUDYHOSXUSRVHV$WHPSRUDU\GXSOLFDWHSHUPLW
VKDOOEHYDOLGIRUGD\V7KHGHSDUWPHQW
shall adopt rules governing application for
DQGLVVXDQFHRIWHPSRUDU\GXSOLFDWHSHUPLWV
Nothing in this subsection prohibits issuance
of an individual placard to a person who has
EHHQLVVXHGDGHFDO
(4) Permits issued under this section, other
than temporary duplicate permits, may be
UHQHZHGE\PDLO
submits a statement from a physician that it
would be impractical or harmful to the appli-
cant, because of medical or physical condition,
WRDSSHDUDWDQRIÀFHRIWKHGHSDUWPHQWDQG
EHSKRWRJUDSKHGIRUDQLGHQWLÀFDWLRQFDUG
(2) The department shall determine by rule
the terms, conditions and requirements of a
SDUNLQJLGHQWLÀFDWLRQFDUGLVVXHGXQGHUWKLV
section except that the department may not
require either that an applicant appear per-
sonally in order to receive or renew a card or
WKDWWKHFDUGFRQWDLQDSKRWRJUDSK>F
†EF†F†@
811.604 Application for disabled person
parking permit. Application for issuance or
renewal of a disabled person parking permit
in the form of an individual placard or decal
LVVXHGXQGHU256VKDOOLQFOXGH
(5) Permits for use on vehicles that are
regularly used as part of a program for the
transportation of persons with disabilities are
LVVXHGDVSURYLGHGLQ256
 $FHUWLÀFDWHVLJQHGDQGGDWHGZLWKLQ
six months preceding the date of application,
E\DOLFHQVHGSK\VLFLDQDFHUWLÀHGQXUVHSUDF-
titioner or a licensed physician assistant to
the Department of Transportation that the
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, the department shall determine
the form, size and content of any decal or plac-
ard issued under this section and shall adopt
rules governing their issuance, display and
XVHDVQHFHVVDU\WRFDUU\RXWWKLVVHFWLRQ
applicant is a person with a disability or a cer-
WLÀFDWHVLJQHGDQGGDWHGZLWKLQVL[PRQWKV
preceding the date of application, by a licensed
optometrist that the applicant is a person with
a disability because of loss of vision or substan-
WLDOORVVRIYLVXDODFXLW\RUYLVXDOÀHOGEH\RQG
correction;
 D([FHSWDVSURYLGHGLQSDUDJUDSKE
of this subsection, the department may not
require a decal or placard issued under this
section to an individual or a family to contain
any identifying information about the person to
whom the decal or placard is issued, including
DQ\RIWKHIROORZLQJ (3) The number of a current, valid driver
(A) Name;
(B) Address;
(C) Telephone number;
(D) Social Security number;
(2) The state-issued licensing number of the
OLFHQVHGSK\VLFLDQFHUWLÀHGQXUVHSUDFWLWLRQHU
licensed physician assistant or licensed optom-
HWULVWZKRVLJQHGWKHFHUWLÀFDWHGHVFULEHGLQ
subsection (1) of this section; and
OLFHQVHJROIFDUWGULYHUSHUPLWLGHQWLÀFDWLRQ
FDUGRUSDUNLQJLGHQWLÀFDWLRQFDUGLVVXHGWR
WKHDSSOLFDQWE\WKHGHSDUWPHQW>F
†F†F†F
†F†F†F
†F†F†@
 ('ULYHUOLFHQVHQXPEHU 811.605 Contents of individual placard
(F) Golf cart driver permit number; or decal. (1) An applicant for an individual
placard or decal issued by the Department of
 *,GHQWLÀFDWLRQFDUGQXPEHU 7UDQVSRUWDWLRQXQGHU256PXVWKDYH
(H) Passport or visa number; or a driver license, a disability golf cart driver
SHUPLWDQLGHQWLÀFDWLRQFDUGRUDSDUNLQJ
 ,3KRWRJUDSK LGHQWLÀFDWLRQFDUGLVVXHGE\WKHGHSDUWPHQW
(b) The department may require a decal The placard or decal shall be valid so long
or placard issued under this section to an DVWKHOLFHQVHSHUPLWLGHQWLÀFDWLRQFDUGRU

Title 59 Page 259 (2015 Edition)

 OREGON VEHICLE CODE
SDUNLQJLGHQWLÀFDWLRQFDUGLVYDOLGDQGPD\
be renewed when the license, permit or card
LVUHQHZHG
(2) An individual placard or decal shall
contain an expiration date that is visible from
outside the vehicle when the placard or decal is
GLVSOD\HGRQRULQWKHYHKLFOH7KHH[SLUDWLRQ
date shall be the same as the expiration date
of the driver license, golf cart driver permit,
LGHQWLÀFDWLRQFDUGRUSDUNLQJLGHQWLÀFDWLRQ
FDUGRIWKHKROGHURIWKHSODFDUG>F
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 3DUNLQJSHUPLWIRUSHUVRQZLWK
WHPSRUDU\ GLVDELOLW\ 7KH 'HSDUWPHQW RI
Transportation may issue a placard showing
an expiration date not to exceed six months
after the date of issuance for use by persons
with temporary disabilities upon submission
E\WKHDSSOLFDQWRIDFHUWLÀFDWHGHVFULEHGLQ
256H[FHSWWKDWLWFHUWLÀHVWKDWWKH
applicant has a temporary disability for less
WKDQIRXU\HDUV$QDSSOLFDQWIRUDWHPSRUDU\
disabled person parking permit need not have
DGULYHUOLFHQVHDGULYHUSHUPLWDQLGHQWLÀ-
FDWLRQFDUGRUDSDUNLQJLGHQWLÀFDWLRQFDUG
>F†F†F†
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811.607 Program placards; rules. The
Department of Transportation shall issue dis-
abled person parking permits in the form of
program placards for use on vehicles that are
(1) The department shall determine the
form, size and content of the placards except
that the department shall require that the
expiration date of a placard be visible when
WKHSODFDUGLVGLVSOD\HGLQWKHYHKLFOH
(2) Placards issued under this section shall
be valid for a period of eight years from the
GDWHRILVVXH8SRQH[SLUDWLRQSODFDUGVPD\
be renewed in a manner determined by the
GHSDUWPHQWE\UXOH
(3) The department shall not issue or renew
a placard under this section unless a licensed
SK\VLFLDQFHUWLÀHVWKDWWKHIDPLO\LQFOXGHVDW
OHDVWWZRSHUVRQVZLWKGLVDELOLWLHV>F
†EF†F†F
†F†@
811.610>F†UHSHDOHGE\
F†@
811.611 Foreign visitor placard. (1) The
Department of Transportation may issue a
disabled person parking permit in the form
of a placard to a person who is visiting from
a foreign country if the person presents to
the department either a valid driver license
or other grant of driving privileges from the
foreign country or a passport or visa showing
that the person is a visitor to the United States
DQGSUHVHQWVRQHRIWKHIROORZLQJ
(a) A valid disabled person parking permit
issued by the country that issued the visitor’s
passport or visa;
regularly used as part of a program for the  E$FHUWLÀFDWHIURPDQRIÀFLDORIWKHDJHQF\
transportation of persons with disabilities or that issues disabled person parking permits in
E\DQDGXOWIRVWHUKRPH$OOWKHIROORZLQJDSSO\ the country that issued the visitor’s passport
WRSODFDUGVLVVXHGXQGHUWKLVVHFWLRQ or visa certifying that the person holds a valid
(1) The department shall determine the disabled person parking permit; or
form, size and content of the placards except
that the department shall require that a plac-
ard contain the name of the program holding
the placard and the department shall require
that the expiration date of a placard be visible
ZKHQWKHSODFDUGLVGLVSOD\HGLQWKHYHKLFOH
(2) Placards issued under this section shall
be valid for a period of eight years from the
GDWHRILVVXH8SRQH[SLUDWLRQSODFDUGVPD\
be renewed in a manner determined by the
GHSDUWPHQWE\UXOH7KHGHSDUWPHQWVKDOO
authorize renewal by mail of placards issued
XQGHUWKLVVHFWLRQ
(3) The department shall determine by rule
how programs for the transportation of persons
with disabilities may qualify vehicles for plac-
DUGVLVVXHGXQGHUWKLVVHFWLRQ>F†
F†F†F†
F†F†@
811.608>F†UHSHDOHGE\
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811.609 Family placards. The Department
of Transportation shall issue disabled person
parking permits in the form of family placards
for use on vehicles that are regularly used by a
family that includes more than one person with
DGLVDELOLW\$OOWKHIROORZLQJDSSO\WRSODFDUGV
LVVXHGXQGHUWKLVVHFWLRQ motorized or mechanically propelled vehicle
Title 59 3DJH
 F$FHUWLÀFDWHIURPDOLFHQVHGSK\VLFLDQD
FHUWLÀHGQXUVHSUDFWLWLRQHURUDOLFHQVHGSK\-
sician assistant addressed to the Department
of Transportation certifying that the applicant
LVDSHUVRQZLWKDGLVDELOLW\RUDFHUWLÀFDWH
from a licensed optometrist certifying that the
applicant is a person with a disability because
of loss of vision or substantial loss of visual
DFXLW\RUYLVXDOÀHOGEH\RQGFRUUHFWLRQ
(2) A disabled person parking permit issued
XQGHUWKLVVHFWLRQLVYDOLGIRUGD\V>
F†F†F†
F†@
811.612 Maintenance of privileges after
relocation. To maintain disabled person park-
ing privileges after relocation, a person who
relocates to Oregon and who holds a disabled
person parking permit from another state shall
obtain an Oregon disabled person parking
SHUPLWSXUVXDQWWR256>F
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811.613 Wheelchair User placard; rules.
(1) The Department of Transportation shall
LVVXHD´:KHHOFKDLU8VHUµGLVDEOHGSHUVRQ
parking permit in the form of a “Wheelchair
8VHUµSODFDUGRUGHFDOIRUXVHE\DSHUVRQ
who uses a wheelchair or similar low-powered
GHVLJQHGVSHFLÀFDOO\IRUXVHE\DSHUVRQZLWK
DSK\VLFDOGLVDELOLW\
(2015 Edition)
 58/(62)7+(52$')25'5,9(56  

(2) The department shall determine the provisions or requirements under city or county
form, size and content of the placards or decals, ordinance if the different provisions or require-
except that the department shall require that PHQWVDUHFOHDUO\SRVWHG
WKHSODFDUGVRUGHFDOV  8QOHVVWKHSROLFHRIÀFHURURWKHUDXWKR-
 D,QFOXGHWKHZRUGV´:KHHOFKDLU8VHUµ
(b) Have an expiration date that is visible
from outside the vehicle when the placard or
GHFDOLVGLVSOD\HGRQRULQWKHYHKLFOH
(3) The department shall by rule determine
how a person may qualify for a “Wheelchair
8VHUµSODFDUGRUGHFDOXQGHUWKLVVHFWLRQ
rized person issuing the citation witnesses the
parking of the vehicle, a rebuttable presump-
tion exists that a vehicle parked in violation
of this section was parked by the registered
owner of the vehicle and the citation issued for
WKHYLRODWLRQPD\EHSODFHGXSRQWKHYHKLFOH
,IWKHSDUNLQJRIWKHYHKLFOHLVZLWQHVVHGE\
WKHSROLFHRIÀFHURURWKHUSHUVRQDXWKRUL]HG
 $QDSSOLFDQWIRUD´:KHHOFKDLU8VHUµ
placard or decal issued by the department
under this section must have a driver license,
a disability golf cart driver permit or an iden-
WLÀFDWLRQFDUGLVVXHGE\WKHGHSDUWPHQW7KH
placard or decal shall be valid as long as the
OLFHQVHSHUPLWRULGHQWLÀFDWLRQFDUGLVYDOLG
and may be renewed when the license, permit
RULGHQWLÀFDWLRQFDUGLVUHQHZHG
(5) The expiration date shall be the same as
the expiration date of the driver license, dis-
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NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
to issue a citation for the offense, the operator
RIWKHYHKLFOHLVLQYLRODWLRQRIWKLVVHFWLRQ
(4) The penalties provided by this sec-
tion shall be imposed regardless of the text
or symbol displayed on the marking or sign
reserving the space or aisle for persons with
GLVDELOLWLHV7KHSHQDOWLHVDUHLQDGGLWLRQWR
WKHIROORZLQJ
(a) A vehicle parked on private property in
violation of this section is subject to removal
XQGHU256DQGWROLHQDQGVDOHXQGHU
256
(b) A vehicle parked in violation of this
section may be removed and sold as provided
XQGHU256
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
811.615 Unlawful parking in space
reserved for persons with disabilities;
exceptions; penalty. (1) A person commits
the offense of unlawful parking in a space
UHVHUYHGIRUSHUVRQVZLWKGLVDELOLWLHVLI YLRODWLRQ>F†F†
(a) The person parks a vehicle in any parking
space that is on private or public property and
that is marked or signed to provide parking for
persons with disabilities and the vehicle does
not conspicuously display a disabled person
SDUNLQJSHUPLWGHVFULEHGLQ256RU
RUDGLVDEOHGSDUNLQJSHUPLWLVVXHG
by another jurisdiction;
(b) The person parks a vehicle in the aisle
UHTXLUHGE\256UHJDUGOHVVRIZKHWKHU
or not the vehicle displays a disabled person
parking permit; or
(c) The person parks a vehicle in a park-
ing space that is on private or public property
and that is marked or signed “Wheelchair
8VHU2QO\µDVGHVFULEHGLQ256DQG
the vehicle does not conspicuously display a
´:KHHOFKDLU8VHUµSODFDUGRUGHFDOLVVXHG
XQGHU256
 D([FHSWDVSURYLGHGLQSDUDJUDSKERI
this subsection, unlawful parking in a space
reserved for persons with disabilities is a Class
&WUDIÀFYLRODWLRQ
(b) A second or subsequent conviction for
unlawful parking in a space reserved for
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811.617 Blocking parking space
reserved for persons with disabilities;
penalty. (1) A person commits the offense of
blocking a parking space reserved for persons
ZLWKGLVDELOLWLHVLIWKHSHUVRQ
(a) Stops or parks a vehicle in such a way
as to block access to a parking space that is on
private or public property and that is marked
or signed to provide parking for persons with
disabilities; or
(b) Places an object or allows an object to be
placed in such a manner that it blocks access
to a parking space that is on private or public
property and that is marked or signed to pro-
YLGHSDUNLQJIRUSHUVRQVZLWKGLVDELOLWLHV
(2) This section does not apply to any of the
IROORZLQJ rized person issuing the citation witnesses the
(a) Momentarily parking a vehicle in a
parking space marked or signed for persons
with disabilities for the purposes of allowing
a person with a disability to enter or leave the
YHKLFOH
(b) Any parking space that is marked or
signed to provide parking for persons with
disabilities and that is subject to different
 D8QOHVVWKHSROLFHRIÀFHURURWKHUDXWKR-
stopping or parking of a vehicle in violation
of subsection (1)(a) of this section, there is a
rebuttable presumption that the vehicle was
stopped or parked by the registered owner of
the vehicle and a citation issued for the vio-
ODWLRQPD\EHSODFHGXSRQWKHYHKLFOH,IWKH
stopping or parking of the vehicle is witnessed
E\WKHSROLFHRIÀFHURURWKHUSHUVRQDXWKRUL]HG
to issue a citation for the offense, or if the

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

operator is in the vehicle, the operator of the †F†F†

YHKLFOHLVLQYLRODWLRQRIWKLVVHFWLRQ F†@
 E8QOHVVWKHSROLFHRIÀFHURURWKHUDXWKR- 811.625 Unlawful use of disabled person
rized person issuing the citation witnesses parking permit; penalty. (1) A person com-
the blocking of a parking space in violation mits the offense of unlawful use of a disabled
of subsection (1)(b) of this section, there is SHUVRQSDUNLQJSHUPLWLIWKHSHUVRQ
a rebuttable presumption that the owner or
manager of the parking lot placed or allowed
placement of the object blocking access to the
parking space and a citation may be issued to
WKHRZQHURUPDQDJHURIWKHSDUNLQJORW,ID
SROLFHRIÀFHURURWKHUSHUVRQLVVXLQJWKHFLWD-
tion sees a person placing an object in violation
 D,VQRWDSHUVRQZLWKDGLVDELOLW\DQGLV
not transporting the holder of a disabled person
parking permit to or from the parking location;
and
(b) Uses a disabled person parking permit
GHVFULEHGXQGHU256RUWR
RIVXEVHFWLRQERIWKLVVHFWLRQWKHRIÀFHU exercise any privileges granted under ORS
or other person may issue the citation to the 
SHUVRQVHHQ
(3) For purposes of this section, a parking
space includes any adjacent access aisle as
GHVFULEHGLQ256
(4) The offense described in this section,
blocking a parking space reserved for persons
ZLWKGLVDELOLWLHVLVD&ODVV'WUDIÀFYLRODWLRQ
>F†F†F†
F†D@
811.620 Removal of vehicle illegally
parked in space reserved for persons with
disabilities. ,IDYHKLFOHLVLOOHJDOO\SDUNHGLQ
YLRODWLRQRI256WKHYHKLFOHPD\EH
removed and, if notice required under subsec-
tion (3) of this section is given, is subject to
costs for the removal and storage of the vehicle
DVSURYLGHGXQGHUWKHIROORZLQJ stolen;
(1) The owner of private property may have
the vehicle removed from the property in the
manner provided for removal of vehicles under
256
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, unlawful use of a disabled person
SDUNLQJSHUPLWLVD&ODVV&WUDIÀFYLRODWLRQ
(3) A second or subsequent conviction for
unlawful use of a disabled person parking
SHUPLWLVD&ODVV$WUDIÀFYLRODWLRQ>F
†F†F†F
†F†F†F
†F†@
811.627 Use of invalid disabled person
parking permit; penalty. (1) A person com-
mits the offense of use of an invalid disabled
person parking permit if the person uses a
permit that is not a valid permit from another
MXULVGLFWLRQDQGWKDW
(a) Has been previously reported as lost or
(b) Has been altered;
(c) Was issued to a person who is deceased
at the time of the citation;
(2) Subject to subsection (3) of this section,  G+DVQRWEHHQLVVXHGXQGHU256
any state agency or political subdivision of this  H,VDSKRWRFRS\RURWKHUUHSURGXFWLRQRID
state may provide for the removal and storage permit, regardless of the permit status; or
of the vehicle and the vehicle shall be subject
WRWKHIROORZLQJ  I,VPXWLODWHGRULOOHJLEOH
(a) The state agency or political subdivision
may require payment of reasonable costs for
removal and storage of the vehicle before the
YHKLFOHLVUHOHDVHG
 8QOHVVWKHSROLFHRIÀFHURURWKHUDXWKR-
rized person issuing the citation witnesses the
parking of the vehicle, a rebuttable presump-
tion exists that a vehicle parked in violation
of this section was parked by the registered
 E,IWKHYHKLFOHLVQRWFODLPHGDQGDQ\IHHV
required under this subsection are not paid
within 30 days of the removal, a lien described
XQGHU256DWWDFKHVWRWKHYHKLFOHDQG
its contents for the reasonable costs for removal
DQGVWRUDJHRIWKHYHKLFOHDQGFRQWHQWV
owner of the vehicle and the citation issued for
WKHYLRODWLRQPD\EHSODFHGXSRQWKHYHKLFOH
,IWKHSDUNLQJRIWKHYHKLFOHLVZLWQHVVHGE\
WKHSROLFHRIÀFHURURWKHUSHUVRQDXWKRUL]HG
to issue a citation for the offense, the operator
RIWKHYHKLFOHLVLQYLRODWLRQRIWKLVVHFWLRQ
 ,IDYHKLFOHLVUHPRYHGXQGHUVXEVHFWLRQ (3) The offense described in this section, use
(2) of this section, the tower removing the vehi- of an invalid disabled person parking permit,
FOHVKDOO LVD&ODVV$WUDIÀFYLRODWLRQ
(a) Notify the local law enforcement agency
of the location of the vehicle within one hour
after the vehicle is placed in storage; and
(b) Unless the vehicle is claimed, give notice,
within 10 days after the vehicle is placed in
storage, to the vehicle owner or any other
person with an interest in the vehicle, as
LQGLFDWHGE\WKHWLWOHUHFRUGV,IQRWLFHXQGHU
 ,IWKHFRXUWÀQGVWKDWDSHUVRQFRPPLWWHG
the offense described in this section, the court
shall collect the permit and return it to the
Department of Transportation for destruction
unless the person claims the permit was lost or
GHVWUR\HGRUWKHSROLFHRIÀFHURURWKHUSHUVRQ
authorized to issue a citation for the offense
FROOHFWHGWKHSHUPLW
this paragraph is given by mail, it must be  ,IWKHFRXUWÀQGVWKDWDSHUVRQFRPPLWWHG
mailed within the 10-day period, but need not the offense described in this section by using
EHUHFHLYHGZLWKLQWKDWSHULRG>F a permit that was mutilated or illegible, the

Title 59 3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

FRXUWPD\DVVHVVDQ\ÀQHLWGHHPVDSSURSULDWH the parking location, to exercise the following

up to the maximum amount allowable for the SULYLOHJHV
RIIHQVH,IWKHPXWLODWHGRULOOHJLEOHSHUPLWKDV (a) Park a motor vehicle in any public park-
been replaced by the department, the court may ing zone restricted as to the length of time
GLVPLVVWKHFLWDWLRQ>F†F permitted therein without incurring penalties
†D@ LPSRVHGIRURYHUWLPHSDUNLQJLQVXFK]RQHV
811.630 Misuse of program placard; (b) Park a motor vehicle in any public park-
penalty. (1) A person commits the offense of ing zone with metered parking without being
PLVXVHRIDSURJUDPSODFDUGLIWKHSHUVRQ UHTXLUHGWRSD\DQ\SDUNLQJPHWHUIHH
 D,VWKHGULYHURIDYHKLFOHWKDWLVEHLQJ
used as part of a program for the transporta-
tion of persons with disabilities; and
(b) Uses a program placard described under
256IRUDQ\SXUSRVHRWKHUWKDQH[HU-
FLVLQJSULYLOHJHVJUDQWHGXQGHU256
(3) A city or county may allow any person
who holds a disabled person parking permit to
exercise the rights described in subsection (2)
RIWKLVVHFWLRQ
(4) The privileges granted under subsection
(2) of this section do not include any of the
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, misuse of a program placard is a
&ODVV&WUDIÀFYLRODWLRQ
(3) A second or subsequent conviction for
PLVXVHRIDSURJUDPSODFDUGLVD&ODVV$WUDIÀF
YLRODWLRQ>F†F†
F†F†F†
F†@
811.632 Appointment of volunteers to
issue citations. (1) A law enforcement agency
authorized to enforce parking laws may appoint
volunteers to issue citations for violations of
256DQG
or of ordinances dealing with parking privi-
OHJHVIRUSHUVRQVZLWKGLVDELOLWLHV9ROXQWHHUV
IROORZLQJ
(a) Parking in zones where stopping, parking
RUVWDQGLQJRIDOOPRWRUYHKLFOHVLVSURKLELWHG
(b) Parking in the late evening or overnight
ZKHUHVXFKSDUNLQJLVSURKLELWHG
(c) Parking in zones reserved for special
W\SHVRIPRWRUYHKLFOHVRUDFWLYLWLHV
(d) Parking in zones where parking is per-
PLWWHGRQO\IRUPLQXWHVRUOHVV
(e) Parking in a parking space marked or
VLJQHGIRU´:KHHOFKDLU8VHU2QO\µXQOHVVGLV-
SOD\LQJD´:KHHOFKDLU8VHUµSODFDUGRUGHFDO
LVVXHGXQGHU256
appointed under this subsection must be at
OHDVW\HDUVRIDJH7KHODZHQIRUFHPHQW
agency appointing the volunteers may estab-
OLVKDQ\RWKHUTXDOLÀFDWLRQVWKHDJHQF\GHHPV
GHVLUDEOH
(2) Any agency appointing volunteers under
this section shall provide training to the volun-
WHHUVEHIRUHDXWKRUL]LQJWKHPWRLVVXHFLWDWLRQV
(3) A citation issued by a volunteer appointed
under this section shall have the same force
 ,QDGGLWLRQWRRWKHUSULYLOHJHVJUDQWHG
under a permit, the person issued a permit, or
another person while transporting the person
issued the permit to or from the parking loca-
tion, may use the permit to park in a parking
space that is marked or signed to provide
parking for persons with disabilities without
YLRODWLRQRI256>F†
F†F†F†
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811.637 Privileges granted by program
DQGHIIHFWDVDFLWDWLRQLVVXHGE\DSROLFHRIÀ- placards. 1RWZLWKVWDQGLQJ256D
FHUIRUWKHVDPHRIIHQVH>F† SURJUDPSODFDUGGHVFULEHGXQGHU256
F†F†@ FRQIHUVRQO\WKHIROORZLQJSULYLOHJHV
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
811.635 Privileges granted by disabled
 D,WDXWKRUL]HVWKHGULYHURIDYHKLFOHWKDW
is being used as part of the program to which
the placard was issued to park the vehicle for
three hours or less in any public parking zone
restricted as to the length of time permitted
therein without incurring penalties for over-
time parking in such zones;
person parking permit other than pro-  E,WDXWKRUL]HVWKHGULYHURIDYHKLFOHWKDW
gram placard. All of the following apply to is being used as part of the program to which
the parking privileges granted to persons with the placard was issued to park the vehicle for
disabilities under a disabled person parking three hours or less in any public parking zone
permit other than a program placard described with metered parking without being required
LQ256 to pay any parking meter fee; and
(1) The privileges granted under a permit
may be exercised notwithstanding ORS
DQ\DXWKRULW\JUDQWHGXQGHU256
RUSDUNLQJUHVWULFWLRQVLPSRVHGE\DQ\
FLW\RUFRXQW\DQGZLWKRXWYLRODWLRQWKHUHRI
(2) Subject to the limitations under subsec-
 F,WDXWKRUL]HVWKHGULYHURIDYHKLFOHWKDW
is being used as part of the program to which
the placard was issued to park the vehicle for
three hours or less in any parking space that
is marked or signed to provide parking for per-
sons with disabilities without violation of ORS
WLRQRIWKLVVHFWLRQD´:KHHOFKDLU8VHUµ VRORQJDVWKHYHKLFOHFRQVSLFXRXVO\
placard or decal allows its holder, or another GLVSOD\VWKHSHUPLW
person while transporting its holder to or from

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

(2) The privileges granted under subsection
(1) of this section do not include any of the
IROORZLQJ GDPDJHWRÀ[WXUHVRUSURSHUW\OHJDOO\XSRQ
(a) Parking in zones where stopping, parking
RUVWDQGLQJRIDOOPRWRUYHKLFOHVLVSURKLELWHG
(b) Parking in the late evening or overnight
ZKHUHVXFKSDUNLQJLVSURKLELWHG
(c) Parking in zones reserved for special
W\SHVRIPRWRUYHKLFOHVRUDFWLYLWLHV
(d) Parking in zones where parking is per-
PLWWHGRQO\IRUPLQXWHVRUOHVV>F
†F†F†@
 F,IWKHSHUVRQLVWKHGULYHURIDQ\YHKL-
cle involved in an accident resulting only in
or adjacent to a highway, the person shall do
DOORIWKHIROORZLQJ
(A) Take reasonable steps to notify the
owner or person in charge of the property of
such fact and of the driver’s name and address
and of the registration number of the vehicle
WKHGULYHULVGULYLQJ
(B) Upon request and if available, exhibit
DQ\GRFXPHQWLVVXHGDVRIÀFLDOHYLGHQFHRID
JUDQWRIGULYLQJSULYLOHJHVWRWKHGULYHU
811.640 > F †  F (2) The offense described in this section,
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†@
ACCIDENTS
(Duties)
811.700 Failure to perform duties of
driver when property is damaged; pen-
alty. (1) A person commits the offense of failure
failure to perform the duties of a driver when
property is damaged, is a Class A misdemeanor
and is applicable on any premises open to the
SXEOLF>F†@
811.705 Failure to perform duties of
driver to injured persons; penalty. (1) A
person commits the offense of failure to per-
form the duties of a driver to injured persons if
the person is the driver of any vehicle involved
in an accident that results in injury or death to
DQ\SHUVRQDQGGRHVQRWGRDOORIWKHIROORZLQJ
to perform the duties of a driver when property  D,PPHGLDWHO\VWRSWKHYHKLFOHDWWKHVFHQH
is damaged if the person is the driver of any RIWKHDFFLGHQWRUDVFORVHWKHUHWRDVSRVVLEOH
vehicle and the person does not perform duties (YHU\VWRSUHTXLUHGXQGHUWKLVSDUDJUDSK
UHTXLUHGXQGHUDQ\RIWKHIROORZLQJ VKDOOEHPDGHZLWKRXWREVWUXFWLQJWUDIÀFPRUH
WKDQLVQHFHVVDU\
 D,IWKHSHUVRQLVWKHGULYHURIDQ\YHKLFOH
involved in an accident that results only in (b) Remain at the scene of the accident until
damage to a vehicle that is driven or attended WKHGULYHUKDVIXOÀOOHGDOORIWKHUHTXLUHPHQWV
by any other person the person must perform XQGHUWKLVVXEVHFWLRQ
DOORIWKHIROORZLQJGXWLHV (c) Give to the other driver or surviving pas-
 $,PPHGLDWHO\VWRSWKHYHKLFOHDWWKHVFHQH
RIWKHDFFLGHQWRUDVFORVHWKHUHWRDVSRVVLEOH
(YHU\VWRSUHTXLUHGXQGHUWKLVVXESDUDJUDSK
VKDOOEHPDGHZLWKRXWREVWUXFWLQJWUDIÀFPRUH
WKDQLVQHFHVVDU\
(B) Remain at the scene of the accident until
WKHGULYHUKDVIXOÀOOHGDOORIWKHUHTXLUHPHQWV
XQGHUWKLVSDUDJUDSK
(C) Give to the other driver or passenger the
name and address of the driver and the regis-
tration number of the vehicle that the driver
is driving and the name and address of any
RWKHURFFXSDQWVRIWKHYHKLFOH
(D) Upon request and if available, exhibit
and give to the occupant of or person attending
any vehicle damaged the number of any docu-
ments issued as evidence of driving privileges
JUDQWHGWRWKHGULYHU
senger or any person not a passenger who is
injured as a result of the accident the name
and address of the driver and the registration
number of the vehicle that the driver is driving
and the name and address of any other occu-
SDQWVRIWKHYHKLFOH
(d) Upon request and if available, exhibit and
give to the persons injured or to the occupant
of or person attending any vehicle damaged
WKHQXPEHURIDQ\GRFXPHQWLVVXHGDVRIÀFLDO
HYLGHQFHRIDJUDQWRIGULYLQJSULYLOHJHV
(e) Render to any person injured in the
accident reasonable assistance, including the
conveying or the making of arrangements for
the conveying of such person to a physician,
surgeon or hospital for medical or surgical
treatment, if it is apparent that such treatment
is necessary or if such conveying is requested
E\DQ\LQMXUHGSHUVRQ
 E,IWKHSHUVRQLVWKHGULYHURIDQ\YHKLFOH
that collides with any vehicle that is unat-
WHQGHGWKHSHUVRQVKDOOLPPHGLDWHO\VWRSDQG required information, if all persons required
(A) Locate and notify the operator or owner
of the vehicle of the name and address of the
driver and owner of the vehicle striking the
unattended vehicle; or
(B) Leave in a conspicuous place in the vehi-
cle struck a written notice giving the name and
address of the driver and of the owner of the
vehicle doing the striking and a statement of
WKHFLUFXPVWDQFHVWKHUHRI
(f) Remain at the scene of an accident until a
SROLFHRIÀFHUKDVDUULYHGDQGKDVUHFHLYHGWKH
to be given information under paragraph (c)
of this subsection are killed in the accident
or are unconscious or otherwise incapable of
UHFHLYLQJWKHLQIRUPDWLRQ7KHUHTXLUHPHQW
of this paragraph to remain at the scene of an
DFFLGHQWXQWLODSROLFHRIÀFHUDUULYHVGRHVQRW
apply to a driver who needs immediate medical
care, who needs to leave the scene in order to
secure medical care for another person injured
in the accident or who needs to leave the scene

Title 59 3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

in order to report the accident to the author- (3) The offense described in this section, fail-
ities, so long as the driver who leaves takes ure to perform the duties of a driver when an
reasonable steps to return to the scene or to DQLPDOLVLQMXUHGLVD&ODVV%WUDIÀFYLRODWLRQ
FRQWDFWWKHQHDUHVWSROLFHDJHQF\ >F†@
 D ([FHSW DV RWKHUZLVH SURYLGHG LQ
paragraph (b) of this subsection, the offense
described in this section, failure to perform the
duties of a driver to injured persons, is a Class
C felony and is applicable on any premises open
WRWKHSXEOLF
(b) Failure to perform the duties of a driver
to injured persons is a Class B felony if a person
VXIIHUVVHULRXVSK\VLFDOLQMXU\DVGHÀQHGLQ
256RUGLHVDVDUHVXOWRIWKHDFFLGHQW
>F†F†F†@
811.706 Money damages resulting from
violation of ORS 811.700 or 811.705. When
DSHUVRQLVFRQYLFWHGRIYLRODWLQJ256
RUWKHFRXUWLQDGGLWLRQWRDQ\RWKHU
sentence it may impose, may order the person
to pay an amount of money equal to the amount
of any damages caused by the person as a result
of the incident that created the duties in ORS
RU>F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
811.715 Failure to perform duties of
witness to accident; penalty. (1) A person
commits the offense of failure to perform the
GXWLHVRIDZLWQHVVWRDQDFFLGHQWLIWKHSHUVRQ
(a) Witnesses an accident that results in
injury or death to any person or causes damage
to a vehicle that is driven or attended by any
person; and
(b) Does not furnish to the driver or occu-
pant of such vehicles or injured person, the
WUXHQDPHDQGDGGUHVVRIWKHZLWQHVV
(2) The offense described in this section,
failure to perform the duties of a witness to
DQDFFLGHQWLVD&ODVV%WUDIÀFYLRODWLRQ>
F†@
811.717 Failure to remove motor vehicle
from roadway; penalty. (1) The driver of a
motor vehicle commits the offense of failure
to remove a motor vehicle from the roadway
LIDIWHUDQDFFLGHQW
(a) A person has not suffered any apparent
personal injury as a result of the accident;
(b) The motor vehicle is operable and does
not require towing;
 &ULPHFODVVLÀFDWLRQIRUYLROD-
tion of ORS 811.705. The Oregon Criminal
Justice Commission shall classify the crime
of failure to perform the duties of a driver to
injured persons as crime category 8 of the
sentencing guidelines grid of the commission
if a person suffers serious physical injury as
GHÀQHGLQ256RUGLHVDVDUHVXOWRIWKH
DFFLGHQWWKDWIRUPVWKHEDVLVRIWKHFRQYLFWLRQ
>F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
811.710 Failure to perform duties of
driver when animal is injured; penalty.
(1) A person commits the offense of failure to
perform the duties of a driver when an animal
 F,WLVVDIHWRGULYHWKHPRWRUYHKLFOHWR
a location off of the roadway as close to the
accident scene as possible; and
(d) The driver does not move the motor vehi-
cle to a location off of the roadway as close to
WKHDFFLGHQWVFHQHDVSRVVLEOH
(2) The offense described in this section,
failure to remove a motor vehicle from the
URDGZD\LVD&ODVV&WUDIÀFYLRODWLRQ>
F†F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
(Reports)
811.720 When accident must be reported
to Department of Transportation. (1)
is injured if the person knowingly strikes and ([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
injures a domestic animal and the person does section, any accident occurring on a highway
QRWGRDOORIWKHIROORZLQJ or upon premises open to the public resulting
in injury or death to any person is subject to
 D6WRSDWRQFH the reporting requirements under the following
(b) Make a reasonable effort to determine VHFWLRQV
WKHQDWXUHRIWKHDQLPDO·VLQMXULHV (a) The reporting requirements for drivers
 F*LYHUHDVRQDEOHDWWHQWLRQWRWKHDQLPDO XQGHU256
 G,PPHGLDWHO\UHSRUWWKHLQMXU\WRWKH (b) The reporting requirements for occu-
DQLPDO·VRZQHU pants of vehicles in accidents under ORS

 H,IXQDEOHWRFRQWDFWWKHRZQHURIWKH
DQLPDOQRWLI\DSROLFHRIÀFHU (c) The reporting requirements for owners
RIYHKLFOHVXQGHU256
(2) The requirements under this section for
a driver to stop and attend an injured animal   ([FHSW DV SURYLGHG LQ VXEVHFWLRQ 
GHSHQGRQWKHWUDIÀFKD]DUGVWKHQH[LVWLQJ of this section, an accident occurring on a
highway or upon premises open to the public

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

resulting in damage to the property of any (ii) With the Department of State Police or
person in excess of $1,500 is subject to the the Criminal Justice Division of the Depart-
IROORZLQJUHSRUWLQJUHTXLUHPHQWV ment of Justice;
(a) The driver of a vehicle that has more (iii) As an investigator of a district attor-
than $1,500 damage must report the accident QH\·VRIÀFHLIWKHLQYHVWLJDWRULVFHUWLÀHGDVD
LQWKHPDQQHUVSHFLÀHGXQGHU256 SHDFHRIÀFHULQWKLVVWDWHRU
(b) The owner of a vehicle that has more  LY$VDQDXWKRUL]HGWULEDOSROLFHRIÀFHUDV
than $1,500 damage must report the accident GHÀQHGLQ256$
LQWKHPDQQHUVSHFLÀHGLQ256DQG  %´/DZIXOLQWHUYHQWLRQWHFKQLTXHµPHDQV
XQGHU WKH FLUFXPVWDQFHV VSHFLÀHG LQ 256 a method by which one motor vehicle causes,
 or attempts to cause, another motor vehicle to
 F,IWKHSURSHUW\GDPDJHLVWRSURSHUW\
other than a vehicle involved in the accident,
each driver involved in the accident must
UHSRUWWKHDFFLGHQWLQWKHPDQQHUVSHFLÀHG
XQGHU256DQGHDFKRZQHURIDYHKLFOH
involved in the accident must report the acci-
GHQWLQWKHPDQQHUVSHFLÀHGLQ256
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811.725 Driver failure to report acci-
dent to Department of Transportation;
penalty. (1) The driver of a vehicle commits
the offense of driver failure to report an acci-
 G,IDYHKLFOHLQYROYHGLQWKHDFFLGHQWLV GHQWLIWKHGULYHUGRHVDQ\RIWKHIROORZLQJ
damaged to the extent that the vehicle must
be towed from the scene of the accident, each
driver involved in the accident must report the
DFFLGHQWLQWKHPDQQHUVSHFLÀHGXQGHU256
DQGHDFKRZQHURIDYHKLFOHLQYROYHG
in the accident must report the accident in the
PDQQHUVSHFLÀHGLQ256DQGXQGHU
WKHFLUFXPVWDQFHVVSHFLÀHGLQ256
 D,VGULYLQJDQ\YHKLFOHWKDWLVLQYROYHG
in an accident required to be reported under
256DQGGRHVQRWZLWKLQKRXUV
of the accident, complete a report of the acci-
dent in a form approved by the Department of
Transportation and submit the report to the
GHSDUWPHQW
 E,VGULYLQJDYHKLFOHWKDWLVLQYROYHGLQ
 7KHGROODUDPRXQWVSHFLÀHGLQVXEVHFWLRQ an accident and does not submit to the depart-
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years by the Department of Transportation
based upon any increase in the Portland-Sa-
OHP &RQVXPHU 3ULFH ,QGH[ IRU $OO 8UEDQ
&RQVXPHUVIRU$OO,WHPVDVSUHSDUHGE\WKH
Bureau of Labor Statistics of the United States
Department of Labor or its successor during
ment any report required by the department
that is other than or in addition to the reports
UHTXLUHGE\WKLVVHFWLRQ7KHGHSDUWPHQWPD\
request a supplemental report if in the opin-
ion of the department the original report is
LQVXIÀFLHQW
WKHSUHFHGLQJPRQWKSHULRG7KHDPRXQW  F,VGULYLQJDQ\YHKLFOHWKDWLVLQYROYHGLQ
determined under this subsection shall be an accident required to be reported under ORS
URXQGHGWRWKHQHDUHVW DQGGRHVQRWZLWKLQKRXUVRIWKH
accident, certify to the department, in a form
(4) The following are exempt from the report- furnished by the department, that at the time
LQJUHTXLUHPHQWVRIWKLVVHFWLRQ of the accident the person was in compliance
 D2SHUDWRUVRIVQRZPRELOHV&ODVV,DOOWHU- ZLWKWKHÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
UDLQYHKLFOHVRU&ODVV,,,DOOWHUUDLQYHKLFOHV   7KH FHUWLÀFDWLRQ RI FRPSOLDQFH ZLWK
 E$ODZHQIRUFHPHQWRIÀFLDODFWLQJLQWKH ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHGXQGHUWKLV
FRXUVHRIRIÀFLDOGXW\LIWKHDFFLGHQWLQYROYHG section is subject to the prohibitions and penal-
DODZHQIRUFHPHQWRIÀFLDOSHUIRUPLQJDODZIXO WLHVIRUIDOVHFHUWLÀFDWLRQXQGHU256
intervention technique or a law enforcement (3) The reports described under this section
RIÀFLDODQGDSHUVRQDFWLQJGXULQJWKHFRP- DUHVXEMHFWWRWKHSURYLVLRQVRI256
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person who is responsible for enforcing the responsibility are established under ORS
criminal laws of this state or a political sub- 
division of this state and who is employed or  $GULYHUPD\EHUHTXLUHGWRÀOHDGGL-
YROXQWHHUV tional accident reports with a city as provided
 L$VDSHDFHRIÀFHUFRPPLVVLRQHGE\D XQGHU256
city, university that has established a police (5) The offense described in this section,
GHSDUWPHQWXQGHU256RU driver failure to report an accident, is a Class
port, school district, mass transit district, %WUDIÀFYLRODWLRQ>F†F
county or county service district authorized †F†F†@
to provide law enforcement services under ORS
 811.730 Owner failure to report acci-
dent to Department of Transportation;
penalty. (1) The owner of a vehicle commits

Title 59 3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

the offense of owner failure to report an acci- subject to the reporting requirements under
GHQWLIWKHRZQHUGRHVDQ\RIWKHIROORZLQJ WKHIROORZLQJVHFWLRQV
 D ,I WKH SHUVRQ RZQV D YHKLFOH WKDW LV (a) The reporting requirements for drivers
involved in an accident that is required to be XQGHU256
UHSRUWHGXQGHU256DQGDOORIWKHIRO- (b) The reporting requirements for occu-
ORZLQJDSSO\ pants of vehicles in accidents under ORS
(A) The accident occurred while the vehicle 
was driven by someone other than the owner
RIWKHYHKLFOH
(B) The driver of the vehicle does not make
an accident report as required under ORS

(C) The owner of the vehicle fails to report
the accident to the Department of Transpor-
WDWLRQLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW
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  ([FHSW DV SURYLGHG LQ VXEVHFWLRQ 
of this section, an accident occurring on a
highway or upon premises open to the public
resulting in damage to the property of any
person in excess of $1,500 is subject to the
IROORZLQJUHSRUWLQJUHTXLUHPHQWV
(a) The driver of a vehicle that has more
than $1,500 damage must report the accident
LQWKHPDQQHUVSHFLÀHGXQGHU256
 E,IWKHSHUVRQLVWKHRZQHURIDYHKLFOH
involved in an accident and the person does not
make any additional reports the department
PD\UHTXLUH
(2) The offense described in this section,
 E,IWKHSURSHUW\GDPDJHLVWRSURSHUW\
other than a vehicle involved in the accident,
each driver involved in the accident must
UHSRUWWKHDFFLGHQWLQWKHPDQQHUVSHFLÀHG
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owner failure to report an accident, is a Class
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accident report to Department of Transporta-
 F,IDYHKLFOHLQYROYHGLQWKHDFFLGHQWLV
damaged to the extent that the vehicle must
be towed from the scene of the accident, each
driver involved in the accident must report the
DFFLGHQWLQWKHPDQQHUVSHFLÀHGXQGHU256
WLRQSHQDOW\$SHUVRQFRPPLWVWKHRIIHQVH 
of failure of a vehicle occupant to make an acci-  7KHGROODUDPRXQWVSHFLÀHGLQVXEVHFWLRQ
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(a) The person is an occupant, other than the years by the Department of Transportation
driver, of a vehicle at a time when the vehicle is based upon any increase in the Portland-Sa-
involved in an accident required to be reported OHP &RQVXPHU 3ULFH ,QGH[ IRU $OO 8UEDQ
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Bureau of Labor Statistics of the United States
(b) The driver of the vehicle is physically Department of Labor or its successor during
incapable of making an accident report WKHSUHFHGLQJPRQWKSHULRG7KHDPRXQW
UHTXLUHGXQGHU256DQG determined under this subsection shall be
(c) The occupant does not make the accident URXQGHGWRWKHQHDUHVW
UHSRUWRUFDXVHWKHDFFLGHQWUHSRUWWREHPDGH (4) The following are exempt from the report-
(2) This section does not require an occu- LQJUHTXLUHPHQWVRIWKLVVHFWLRQ
pant of a vehicle who is not a driver to make  D2SHUDWRUVRIVQRZPRELOHVDQG&ODVV,
DQ\FHUWLÀFDWLRQRIFRPSOLDQFHZLWKÀQDQFLDO &ODVV,,,DQG&ODVV,9DOOWHUUDLQYHKLFOHV
UHVSRQVLELOLW\UHTXLUHPHQWV
(3) The offense described in this section, fail-
ure of a vehicle occupant to make an accident
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811.740 False accident report; penalty.
(1) A person commits the offense of giving a
 E$ODZHQIRUFHPHQWRIÀFLDODFWLQJLQWKH
FRXUVHRIRIÀFLDOGXW\LIWKHDFFLGHQWLQYROYHG
a law enforcement official performing a
lawful intervention technique or involved a
ODZHQIRUFHPHQWRIÀFLDODQGDSHUVRQDFWLQJ
GXULQJWKHFRPPLVVLRQRIDFULPLQDORIIHQVH
$VXVHGLQWKLVSDUDJUDSK
false accident report if the person gives infor-
mation in any report required under ORS
RUNQRZLQJRUKDYLQJUHDVRQ
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(2) The offense described in this section,
 $ ´/DZ HQIRUFHPHQW RIÀFLDOµ PHDQV D
person who is responsible for enforcing the
criminal laws of this state or a political sub-
division of this state and who is employed or
YROXQWHHUV
giving a false accident report, is a Class B
PLVGHPHDQRU>F†F
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811.745 When accident must be reported
to police officer or law enforcement
 L$VDSHDFHRIÀFHUFRPPLVVLRQHGE\DFLW\
port, university that has established a police
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school district, mass transit district, county
or service district authorized to provide law
agency. ([FHSWDVSURYLGHGLQVXEVHFWLRQ HQIRUFHPHQWVHUYLFHVXQGHU256
(4) of this section, any accident occurring on a (ii) With the Department of State Police or
highway or upon premises open to the public the Criminal Justice Division of the Depart-
resulting in injury or death to any person is ment of Justice; or

Title 59 3DJH (2015 Edition)

 OREGON VEHICLE CODE

(iii) As an investigator of a district attor- (a) The person is an occupant, other than the
QH\·VRIÀFHLIWKHLQYHVWLJDWRULVFHUWLÀHGDVD driver, of a vehicle at a time when the vehicle is
SHDFHRIÀFHULQWKLVVWDWH involved in an accident required to be reported
 %´/DZIXOLQWHUYHQWLRQWHFKQLTXHµPHDQV
a method by which one motor vehicle causes,
or attempts to cause, another motor vehicle to
VWRS
(5) The reporting requirements under this
section are in addition to, and not in lieu of, the
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>F†F†F†
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made a part of the Oregon Vehicle Code by
legislative action but were not added to ORS
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ace to Oregon Revised Statutes for further
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811.750. $VXVHGLQ256DQG or death; and
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(b) The driver of the vehicle is physically
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a law enforcement agency as required under
256DQG
(c) The occupant does not give notice of the
DFFLGHQWLPPHGLDWHO\WRDSROLFHRIÀFHURUD
law enforcement agency by the quickest means
DYDLODEOH
(2) Notwithstanding subsection (1) of this
section, a person does not commit the offense
of failure of a vehicle occupant to make an
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(a) The accident required to be reported
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 ´(PHUJHQF\FRPPXQLFDWLRQVV\VWHPµKDV (b) The person gives notice of the accident
WKHPHDQLQJJLYHQWKDWWHUPLQ256 immediately to the emergency communications
 ´/DZHQIRUFHPHQWDJHQF\µPHDQVDQ\
agency that employs members of the Oregon
State Police, a sheriff, a deputy sheriff, a city
SROLFHRIÀFHUDSROLFHRIÀFHUFRPPLVVLRQHGE\
DXQLYHUVLW\XQGHU256RURU
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Note6HHQRWHXQGHU
811.748 Driver failure to report acci-
GHQWWRSROLFHRIÀFHURUODZHQIRUFHPHQW
agency; penalty. (1) The driver of a vehicle
commits the offense of driver failure to report
an accident if the driver is driving any vehicle
that is involved in an accident required to be
UHSRUWHGXQGHU256DQGWKHGULYHULI
physically capable, does not give notice of the
DFFLGHQWLPPHGLDWHO\WRDSROLFHRIÀFHURUD
V\VWHPE\WKHTXLFNHVWPHDQVDYDLODEOH
(3) The offense described in this section,
failure of a vehicle occupant to make an acci-
GHQWUHSRUWLVD&ODVV$WUDIÀFYLRODWLRQ>
F†F†@
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FUNERAL PROCESSIONS
811.800 Operation of funeral vehicles
with improper lights; penalty. (1) A person
commits the offense of operation of a funeral
escort vehicle or a funeral lead vehicle with
LPSURSHUOLJKWVLIWKHSHUVRQ
(a) Fails to equip the funeral escort vehi-
cle or funeral lead vehicle with at least one
´ÀUHFRPSDQ\ZDUQLQJOLJKWµDVSURYLGHGIRU
XQGHU256DQGGHVFULEHGXQGHU256
RU
law enforcement agency by the quickest means
DYDLODEOH
(2) Notwithstanding subsection (1) of this
section, a driver does not commit the offense
RIGULYHUIDLOXUHWRUHSRUWDQDFFLGHQWLI escort vehicle or funeral lead vehicle while
(a) The accident required to be reported
XQGHU256UHVXOWVLQDVHULRXVLQMXU\
or death; and
(b) The driver gives notice of the accident
immediately to the emergency communications
V\VWHPE\WKHTXLFNHVWPHDQVDYDLODEOH
(3) The offense described in this section,
driver failure to report an accident, is a Class
$WUDIÀFYLRODWLRQ>F†F
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811.750 Failure of vehicle occupant to
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or law enforcement agency; penalty. (1)
A person commits the offense of failure of a
YHKLFOHRFFXSDQWWRPDNHDQDFFLGHQWUHSRUWLI remain stopped until the funeral procession
 E8VHVWKH´ÀUHFRPSDQ\ZDUQLQJOLJKWµDW
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(2) No ordinance or other regulation shall
prohibit the use of warning lights on a funeral
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(3) The offense described in this section,
operation of a funeral escort vehicle or funeral
lead vehicle with improper lights, is a Class D
WUDIÀFYLRODWLRQ>F†F†
F†@
811.802 Failure to yield right of way to
funeral procession; penalty. (1) A person
commits the offense of failure to yield the right
of way to a funeral procession if the funeral
procession is accompanied by a funeral escort
vehicle or a funeral lead vehicle and the person
GRHVQRWGRWKHIROORZLQJ
(a) Yield the right of way to the funeral
SURFHVVLRQ
(b) Stop before entering any intersection and
KDVSDVVHG

Title 59 3DJH (2015 Edition)

 58/(62)7+(52$')25'5,9(56  

(c) Obey any directions given by a driver of (2) The offense described in this section,
DIXQHUDOHVFRUWYHKLFOH exceeding the maximum speed for a funeral
 ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
tion (3) of this section and except for emergency
vehicles and police vehicles or at the direction
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trians, bicyclists, motor vehicle drivers and
DQ\RQHHOVHLQWKHSDWKRIDIXQHUDOSURFHVVLRQ
(3) This section applies only to persons who
knew or in the exercise of reasonable care
should have known of the presence of a funeral
SURFHVVLRQ
(4) The offense described in this section,
failure to yield the right of way to a funeral
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F†F†@
811.804 Intersection rules for funeral
processions. (1) While exercising due caution
regarding the safety of others, notwithstanding
DQ\WUDIÀFFRQWUROGHYLFHULJKWRIZD\SURYL-
sions or other provisions of the Oregon Vehicle
Code, if the funeral escort vehicle or funeral
lead vehicle lawfully enters an intersection, the
following procession may enter the intersection
ZLWKRXWVWRSSLQJ
(2) Notwithstanding subsection (1) of this
section, the vehicles in the funeral procession
VKDOO\LHOGWKHULJKWRIZD\ GXWLHV
(a) To an emergency vehicle giving an audi-
ble or visible signal; or
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F†F†@
811.808 Exemption from speed limits
for funeral escort vehicle. Notwithstanding
256RUZKLOHRYHUWDNLQJWKH
IXQHUDOSURFHVVLRQLQRUGHUWRGLUHFWWUDIÀFDW
the next intersection, the funeral escort vehicle
may exceed the posted speed limit by 10 miles
per hour and may cross the center line of a
URDGZD\WKDWLVGLYLGHGLQWRWZRRUPRUHODQHV
>F†F†F†@
811.810 Disrupting funeral procession;
penalty. (1) A person commits the offense of
GLVUXSWLQJDIXQHUDOSURFHVVLRQLI
(a) The person is driving a vehicle that is
not a member of the funeral procession and
the person drives between the vehicles in a
funeral procession; or
(b) The person is driving a vehicle that is
not a member of the funeral procession and the
person joins the funeral procession in order to
EHH[HPSWIURPDQ\UXOHRIWKHURDG
(2) This section does not apply to any emer-
gency vehicle or police vehicle while that
vehicle is performing emergency or police
(3) The offense described in this section,
disrupting a funeral procession, is a Class D
 E,IGLUHFWHGE\DSROLFHRIÀFHUWRGRVR WUDIÀFYLRODWLRQ>F†F
>F†@ †@
811.806 Exceeding maximum speed for 811.812 Free passage for funeral pro-
funeral procession; penalty. (1) Notwith- cession vehicles. Any person or vehicle
standing any other provision of law, a person participating in a funeral procession shall be
commits the offense of exceeding the maximum allowed to pass free through all tollgates, tun-
VSHHGIRUDIXQHUDOSURFHVVLRQLI QHOVWROOEULGJHVDQGIHUULHV>F†@
(a) The person is driving in a funeral pro- CHAPTER 812
cession on a highway with a speed limit of less
than 50 miles per hour and the person drives [Reserved for expansion]
DWDVSHHGWKDWH[FHHGVÀYHPLOHVSHUKRXUOHVV
than the speed limit; or _______________
(b) The person is driving in a funeral proces-
sion on a highway with a speed limit greater
than 50 miles per hour and the person drives
DWDVSHHGWKDWH[FHHGVPLOHVSHUKRXU

Title 59 3DJH (2015 Edition)

OREGON VEHICLE CODE

Page 270 (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
Chapter 813
(',7,21
DRIVING UNDER THE INFLUENCE OF INTOXICANTS
GENERAL PROVISIONS
 'ULYLQJXQGHUWKHLQÁXHQFHRILQWR[L-
cants; penalty
 )HORQ\GULYLQJXQGHUWKHLQÁXHQFHRI
intoxicants; penalty
 &ULPHFODVVLÀFDWLRQIRUSXUSRVHV
of rules of Oregon Criminal Justice
Commission
813.017 Arraignment; booking
813.020 Fee to be paid on conviction; screen-
ing and treatment; mandatory
imprisonment or community service;
attendance at victim impact treat-
ment session; session fee
813.021 Requirements for screening inter-
view and treatment program
813.022 Proof of treatment
813.023 Alternative payment methods for
screening interview or treatment
program
813.025 Designation of agency to perform
screening interview and treatment
SURJUDPTXDOLÀFDWLRQVUXOHV
813.030 Amount of fee; distribution
813.040 Standards for determination of
problem condition involving alcohol,
inhalants or controlled substances
813.050 Out-of-service orders for operators of
commercial motor vehicles; grounds;
duration; rules; penalty
813.055 Civil penalty for violation of out-of-
service order or notice
IMPLIED CONSENT
813.095 Offense of refusal to take a test for
intoxicants; penalty
813.100 Implied consent to breath or blood
WHVWFRQÀVFDWLRQRIOLFHQVHXSRQ
refusal or failure of test
 7HPSRUDU\SHUPLWXSRQFRQÀVFDWLRQ
of license
813.120 Police report to department
813.130 Rights of and consequences for
person asked to take test
813.131 Implied consent to urine test; pri-
vacy; laboratories for analysis
813.132 Consequences of refusing to take
urine test; exception
 ,PSOLHGFRQVHQWWRÀHOGVREULHW\WHVWV
813.136 Consequence of refusal or failure to
VXEPLWWRÀHOGVREULHW\WHVWV
CHEMICAL TESTS; METHODS
AND REQUIREMENTS
813.140 Chemical test with consent; uncon-
scious person
813.150 Chemical test at request of arrested
person
Title 59 Page 271
813.160 Methods of conducting chemical anal-
yses; duties of Department of State
Police; reports; costs
PLEA AGREEMENT
813.170 Plea agreement prohibited
DIVERSION
813.200 Notice of availability of diversion;
petition; form; contents
 3HWLWLRQÀOLQJIHHVFUHHQLQJLQWHU-
view fee; service on prosecutor;
objection
813.215 Eligibility for diversion
813.220 Matters to be considered by court in
determining to allow diversion agree-
ment; reasons for denial
813.222 Right of victim to be present at
hearing
813.225 Petition for extension of diversion
period; conditions
813.230 Diversion agreement; record; dura-
tion; effect of denial
813.233 Exemption from completing treat-
ment program in this state
813.235 Attendance at victim impact
treatment session as condition of
diversion; fee
 $PRXQWDQGGLVWULEXWLRQRIÀOLQJIHH
screening interview fee
813.245 Booking
813.250 Motion to dismiss charge on com-
pletion of diversion; admissibility of
statements
813.252 Motion to dismiss charge when mini-
PDOÀQHDPRXQWUHPDLQV
813.255 Termination of diversion
813.260 Designation of agencies to perform
screening interviews; duties of
agency
813.270 Intoxicated Driver Program Fund;
creation; uses
EVIDENCE
813.300 Use of blood alcohol percentage as
evidence; percentage required for
EHLQJXQGHUWKHLQÁXHQFH
813.310 Refusal to take chemical test admissi-
ble as evidence
813.320 Effect of implied consent law on
evidence
813.322 Department of State Police rules
regarding breath tests as evidence;
YDOLGLW\RIRIÀFHU·VSHUPLW
813.324 Use of testimony from implied
consent hearing as evidence in
prosecution
 )HORQ\GULYLQJZKLOHXQGHUWKHLQÁX-
ence of intoxicants; prior convictions
(2015 Edition)
 OREGON VEHICLE CODE

813.328 Notice of intent to challenge validity IGNITION INTERLOCK DEVICES

of prior convictions
SUSPENSION
(For Conviction)
813.400 Suspension or revocation upon con-
viction; duration; review
(Under Implied Consent Law)
813.410 Suspension upon receipt of police
report on implied consent test; hear-
ing; validity of suspension; appeal;
rules
 5ROHRISROLFHRIÀFHULQLPSOLHGFRQ-
sent hearing
813.420 Duration of suspension for refusal or
failure of test
813.430 Grounds for increase in duration of
suspension
813.440 Grounds for hearing on validity of
suspension; rules
813.450 Appeal from suspension for refusal or
failure of breath test
813.460 Department procedures upon ver-
LÀFDWLRQRIVXVSHQVLRQRIGULYLQJ
privileges of wrong person
813.470 Department notation on record of
person acquitted after suspension
HARDSHIP PERMITS
813.500 Restrictions on issuance
813.510 Limitations on privileges granted by
permit; conditions of permit
813.520 Limitations on authority to issue
hardship permit or reinstate driving
privileges
813.600 Ignition interlock program; rules
813.602 Circumstances under which ignition
interlock device required; exemp-
tions; rules
813.603 Waiver of costs of ignition interlock
device; rules
813.604 Notice of court order; notation on
hardship permit; rules
813.606 Exception for employee otherwise
required to have device
813.608 Knowingly furnishing motor vehicle
without ignition interlock device;
penalty
813.610 Soliciting another to blow into igni-
tion interlock device; penalty
813.612 Unlawfully blowing into ignition
interlock device; penalty
813.614 Tampering with ignition interlock
device; penalty
813.616 Use of certain moneys to pay for igni-
tion interlock program
813.620 Suspension of driving privileges for
failing to provide proof of device
installation or for tampering with
device
813.630 Notice of ignition interlock device
installation and negative reports;
rules
813.635 Consequence for negative reports
generated from ignition interlock
device; rules
813.645 Motion to vacate requirement to
install and use ignition interlock
device; rules

Title 59 Page 272 (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

GENERAL PROVISIONS having a blood alcohol content that is lower

 'ULYLQJXQGHUWKHLQÁXHQFHRI
intoxicants; penalty. (1) A person commits
WKHRIIHQVHRIGULYLQJZKLOHXQGHUWKHLQÁXHQFH
of intoxicants if the person drives a vehicle
than the permissible blood alcohol content in
that jurisdiction for a person 21 years of age
or older does not constitute a prior conviction
RUDGMXGLFDWLRQ
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may be imposed, the court shall impose one
 D+DVSHUFHQWRUPRUHE\ZHLJKWRI RUPRUHRIWKHIROORZLQJÀQHVRQDSHUVRQFRQ-
alcohol in the blood of the person as shown by YLFWHGRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
chemical analysis of the breath or blood of the LQWR[LFDQWVDVIROORZV
SHUVRQPDGHXQGHU256RU
  D)RUDSHUVRQ·VÀUVWFRQYLFWLRQDPLQL-
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 E,VXQGHUWKHLQÁXHQFHRILQWR[LFDWLQJ
liquor, a controlled substance or an inhalant; (b) For a person’s second conviction, a min-
or LPXPRI
 F,VXQGHUWKHLQÁXHQFHRIDQ\FRPELQD-
tion of intoxicating liquor, an inhalant and a
FRQWUROOHGVXEVWDQFH
(2) A person may not be convicted of driv-
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
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a controlled substance or an inhalant unless
WKHIDFWWKDWWKHSHUVRQZDVXQGHUWKHLQÁX-
ence of a controlled substance or an inhalant
(c) For a person’s third or subsequent con-
viction, a minimum of $2,000 if the person is
QRWVHQWHQFHGWRDWHUPRILPSULVRQPHQW
(d) For a person who drives a vehicle while
WKHSHUVRQKDVSHUFHQWRUPRUHE\ZHLJKW
of alcohol in the blood of the person as shown
by chemical analysis of the breath or blood of
WKHSHUVRQPDGHXQGHU256
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is pleaded in the accusatory instrument and
is either proved at trial or is admitted by the
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(3) A person convicted of the offense
described in this section is subject to ORS
LQDGGLWLRQWRWKLVVHFWLRQ
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on a person convicted of driving while under
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(a) The current offense was committed in a
motor vehicle; and
  ([FHSW DV SURYLGHG LQ VXEVHFWLRQ 
of this section, the offense described in this
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intoxicants, is a Class A misdemeanor and
is applicable upon any premises open to the
SXEOLF
(b) There was a passenger in the motor vehi-
cle who was under 18 years of age and was
at least three years younger than the person
GULYLQJWKHPRWRUYHKLFOH>F†
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intoxicants is a Class C felony if the current F†@
offense was committed in a motor vehicle and  )HORQ\GULYLQJXQGHUWKHLQÁX-
the person has, at least three times in the 10 ence of intoxicants; penalty. (1) Driving
years prior to the date of the current offense, XQGHUWKHLQÁXHQFHRILQWR[LFDQWVXQGHU256
been convicted of, or been found to be within VKDOOEHD&ODVV&IHORQ\LIWKHGHIHQ-
the jurisdiction of the juvenile court for an act dant has been convicted of driving under the
that if committed by an adult would be, any of LQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI256
WKHIROORZLQJRIIHQVHVLQDQ\FRPELQDWLRQ RULWVVWDWXWRU\FRXQWHUSDUWLQDQRWKHU
 $'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI jurisdiction, at least two times in the 10 years
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(i) This section; or (2) Once a person has been sentenced for a
Class C felony under this section, the 10-year
(ii) The statutory counterpart to this section time limitation is eliminated and any subse-
LQDQRWKHUMXULVGLFWLRQ TXHQWHSLVRGHRIGULYLQJXQGHUWKHLQÁXHQFHRI
 %$GULYLQJXQGHUWKHLQÁXHQFHRILQWR[-
icants offense in another jurisdiction that
involved the impaired driving or operation of
a vehicle, an aircraft or a boat due to the use
of intoxicating liquor, a controlled substance,
DQLQKDODQWRUDQ\FRPELQDWLRQWKHUHRI
(C) A driving offense in another jurisdiction
that involved operating a vehicle, an aircraft
or a boat while having a blood alcohol content
above that jurisdiction’s permissible blood alco-
KROFRQWHQW
(b) For the purposes of paragraph (a) of
this subsection, a conviction or adjudication
for a driving offense in another jurisdiction
based solely on a person under 21 years of age
Title 59 Page 273
intoxicants shall be a Class C felony regardless
RIWKHDPRXQWRIWLPHZKLFKLQWHUYHQHV
(3) Upon conviction for a Class C felony
under this section, the person shall be sen-
tenced to a mandatory minimum term of
incarceration of 90 days, without reduction
IRUDQ\UHDVRQ>F†F†@
NoteZDVHQDFWHGLQWRODZEXWZDV
not added to or made a part of the Oregon Vehi-
cle Code or any chapter or series therein by
ODZ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDWXWHV
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(2015 Edition)
 OREGON VEHICLE CODE

 &ULPHFODVVLÀFDWLRQIRUSXU- FRQVHFXWLYHO\WKHMXGJPHQWPXVWVSHFLÀFDOO\
poses of rules of Oregon Criminal Justice so provide and the judge must state the reasons
Commission. (1) The Oregon Criminal Jus- LQZULWLQJ
tice Commission shall classify felony driving  ,QDFRXQW\WKDWKDVDYLFWLPLPSDFW
while under the influence of intoxicants program a court may require the person to
that is committed under the circumstances DWWHQGDYLFWLPLPSDFWWUHDWPHQWVHVVLRQ,IWKH
GHVFULEHGLQ256DVFULPHFDWHJRU\ court requires attendance under this section,
RIWKHUXOHVRIWKH2UHJRQ&ULPLQDO-XVWLFH the court may require the defendant to pay a
&RPPLVVLRQ reasonable fee to the victim impact program to
 ,QGHWHUPLQLQJFULPLQDOKLVWRU\IRUD
person convicted of a felony that has opera-
tion of a motor vehicle as an element, or of a
felony that involved death, injury or property
damage caused by the use of a motor vehicle,
WKHFRPPLVVLRQVKDOO F†F†DQGIRUPHU
(a) Consider two prior convictions of misde-
PHDQRUGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants to be equivalent to one conviction
RIIHORQ\GULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants; and
(b) Consider felony driving while under the
LQÁXHQFHRILQWR[LFDQWVWREHDSHUVRQIHORQ\
and consider misdemeanor driving while under
WKHLQÁXHQFHRILQWR[LFDQWVWREHDSHUVRQ&ODVV
$PLVGHPHDQRU>F†F†@
813.017 Arraignment; booking. When
a person is arraigned on a charge of driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLR-
ODWLRQRI256DFRXUWVKDOOHQVXUHWKDW
the defendant submits to booking, if the person
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813.020 Fee to be paid on conviction;
screening and treatment; mandatory
imprisonment or community service;
attendance at victim impact treatment
session; session fee. When a person is con-
YLFWHGRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVLQYLRODWLRQRI256DFRXUW
shall comply with the following in addition to
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SHUVRQXQGHU256 designated agency or organization must meet
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The fee shall be established for each county
by the victim impact panel coordinator and
steering committee of that county and shall
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813.021 Requirements for screen-
ing interview and treatment program.
(1) When a court, in accordance with ORS
 UHTXLUHV D SHUVRQ WR FRPSOHWH D
screening interview and a treatment program,
the court shall require the person to do all of
WKHIROORZLQJ
(a) Complete a screening interview for the
purpose of determining appropriate placement
of the person in a program for treatment for
alcoholism, drug dependency or dependency
RQLQKDODQWV
(b) Pay directly to the agency or organization
conducting the screening interview a fee of

(c) Complete the treatment program to which
WKHSHUVRQLVUHIHUUHG
(d) Pay for the treatment program to which
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(2) The screening interview required by
this section shall be conducted by an agency
RURUJDQL]DWLRQGHVLJQDWHGE\WKHFRXUW7KH
the standards set by the Director of the Oregon
 7KHFRXUWVKDOOUHTXLUHWKHSHUVRQWR Health Authority to conduct the screening
(a) Pay to the court the fee described under LQWHUYLHZV:KHUHYHUSRVVLEOHDFRXUWVKDOO
256LQDGGLWLRQWRDQ\ÀQHLPSRVHG designate agencies or organizations to perform
XQGHU256 the screening interview that are separate from
(b) Complete a screening interview and those that may be designated to carry out a
a treatment program as provided in ORS WUHDWPHQWSURJUDP
DQG (3) An agency or organization doing a
(c) Submit to booking, if the person has not screening interview under this section may
DOUHDG\EHHQERRNHG not refer a person to a treatment program that
has not been approved by the Director of the
(2) The court must impose and not suspend 2UHJRQ+HDOWK$XWKRULW\
execution of a sentence requiring the person
either to serve at least 48 hours’ imprison- (4) The agency or organization conducting
ment, which shall be served consecutively a screening interview under this section shall
unless justice requires otherwise, or to perform monitor the progress of the person referred to
FRPPXQLW\VHUYLFHIRUWLPHVVSHFLÀHGE\WKH WKHDJHQF\RURUJDQL]DWLRQ7KHDJHQF\RURUJD-
FRXUWXQGHU256)RUSXUSRVHVRIWKLV nization shall make a report to the referring
VXEVHFWLRQ court stating the person’s successful comple-
tion or failure to complete all or any part of
(a) A court may provide for the imprisonment the screening interview or of the treatment
to be served in jail, minimum security facil- program to which the person was referred by
ities or inpatient rehabilitation or treatment the agency or organization performing the
FHQWHUV VFUHHQLQJLQWHUYLHZ7KHUHSRUWVKDOOEHLQD
(b) Whenever the judge provides for the man- form determined by agreement between the
datory imprisonment to be served other than court and the agency or organization providing

Title 59 Page 274 (2015 Edition)

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WKHVFUHHQLQJLQWHUYLHZ>F† WRVDWLVI\WKHUHTXLUHPHQWXQGHU256
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 813 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
813.022 Proof of treatment. (1) A person
who has been convicted of driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVXQGHU256
VKDOOSURYLGHSURRIWRWKH'HSDUWPHQW
of Transportation that the person completed
a treatment program to which the person was
UHIHUUHGXQGHU256
(2) The department may not reinstate a per-
VRQ·VGULYLQJSULYLOHJHVXQOHVV 813.023 Alternative payment methods
(a) The person has provided proof of com-
pleting a treatment program as required under
subsection (1) of this section;
(b) The person has an order from the circuit
court of the county in which the person was
FRQYLFWHGWKDWWKHSHUVRQKDVWDNHQVXIÀFLHQW
steps to satisfy the requirement under ORS
WRFRPSOHWHDWUHDWPHQWSURJUDPRU
(c) Fifteen years have elapsed since the date
of the person’s conviction for driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV
 :KHQWKHFRXUWHQWHUVDQRUGHUXQGHU
this section, the court shall provide a copy of
WKHRUGHUWRWKHGLVWULFWDWWRUQH\
(7) A court may not enter an order that the
SHUVRQKDVWDNHQVXIÀFLHQWVWHSVWRVDWLVI\WKH
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a treatment program if the person has not
VWDUWHGDWUHDWPHQWSURJUDP>F†
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 813 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
for screening interview or treatment pro-
gram. A person required to pay for a screening
interview or treatment program under ORS
RUZKRLV
eligible for the state medical assistance pro-
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DVGHÀQHGLQ256%PD\XWLOL]HWKH
state medical assistance program or health
EHQHÀWSODQDVDWKLUGSDUW\SD\HUIRUWKHFRVWV
of medically necessary chemical dependency
services that are covered under the state med-
LFDODVVLVWDQFHSURJUDPRUKHDOWKEHQHÀWSODQ
 D,IWKHSHUVRQLVXQDEOHWRSURYLGHSURRI
of completing a treatment program as required
under subsection (1) of this section, the person
PD\ÀOHDPRWLRQZLWKWKHFLUFXLWFRXUWRIWKH
county in which the person was convicted to
VKRZSURRIWKDWWKHSHUVRQKDVWDNHQVXIÀFLHQW
steps to satisfy the requirement under ORS
WRFRPSOHWHDWUHDWPHQWSURJUDP7KH
person shall provide a copy of the motion and
any supporting documentation to the district
DWWRUQH\RIWKHFRXQW\7KHGLVWULFWDWWRUQH\
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The person remains responsible for the costs of
the screening interview or treatment program,
regardless of the amount of coverage or the
failure of the third party payer to reimburse
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Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
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See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
813.025 Designation of agency to per-
form screening interview and treatment
 E,IWKHGLVWULFWDWWRUQH\GRHVQRWÀOHDQ SURJUDPTXDOLÀFDWLRQVUXOHVA court may
objection to the motion, the court shall, with- designate a single agency or organization to
out hearing, enter an order that the person perform the screening interviews and treat-
has taken sufficient steps to satisfy the PHQWSURJUDPVGHVFULEHGLQ256DQG
UHTXLUHPHQWXQGHU256WRFRPSOHWH ZKHQWKH'LUHFWRURIWKH2UHJRQ
a treatment program or, on its own motion, +HDOWK$XWKRULW\FHUWLÀHVWKDW
conduct a hearing as described in subsection
RIWKLVVHFWLRQ
(c) Upon timely receipt of an objection from
the district attorney, the court shall conduct
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(4) At a hearing under subsection (3) of this
section, the court shall determine whether,
considering the totality of the circumstances,
WKHSHUVRQKDVWDNHQVXIÀFLHQWVWHSVVXFKWKDW
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(1) An agency or organization may accept
such designations due to the lack of alternative
agencies or organizations in the service area;
or
(2) An agency or organization has applied
to and been authorized by the Oregon Health
Authority to operate a demonstration project
that combines screening interviews and treat-
PHQWSURJUDPV7KHDXWKRULW\VKDOOE\UXOHVHW
forth the conditions under which a demonstra-
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has taken sufficient steps to satisfy the 813.030 Amount of fee; distribution. The
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a treatment program, the court shall enter an shall be in the amount of $255, except that the
RUGHUWKDWWKHSHUVRQKDVWDNHQVXIÀFLHQWVWHSV court may waive all or part of the fee in cases

Title 59 Page 275 (2015 Edition)

 OREGON VEHICLE CODE
LQYROYLQJLQGLJHQWGHIHQGDQWV7KHFRXUWPD\
make provision for payment of the fee on an
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fee is collected in a municipal or justice court,
the fee shall be forwarded by the court to the
Department of Revenue for deposit in the Crim-
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813.040 Standards for determination
of problem condition involving alcohol,
inhalants or controlled substances.
This section establishes, for purposes of ORS
DQGZKHQDSHUVRQ
has a problem condition involving alcohol,
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SRVHVRI256DQG
a person has a problem condition involving
alcohol, inhalants or controlled substances if
it is determined that the person has a problem
condition in which the person’s health or that of
others is substantially impaired or endangered
or the person’s social or economic function is
VXEVWDQWLDOO\GLVUXSWHGEHFDXVHRIWKHSHUVRQ·V (a) The operator has violated an out-of-ser-
(1) Habitual or periodic use of alcoholic bev-
erages; or
(2) Use of or loss of the ability to control the
use of controlled substances, inhalants or other
intoxicating beverage that is manifested and
WUDQVSRUWHGDVSDUWRIDVKLSPHQW
(2) An out-of-service order issued under this
section shall become effective upon its issuance
DQGVKDOOUHPDLQLQHIIHFWIRUKRXUV
(3) The Department of Transportation shall
adopt rules requiring that any driver issued
an out-of-service order under this section be
required to report the order to the department
DQGWRWKHGULYHU·VHPSOR\HU5XOHVDGRSWHG
under this section may include, but need not
be limited to, rules specifying the times within
which reports must be made and the contents
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(4) Violation of an out-of-service order issued
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813.052>F†F†
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813.055 Civil penalty for violation of
out-of-service order or notice. (1) The
Department of Transportation shall impose a
civil penalty on the operator of a commercial
PRWRUYHKLFOHLI
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other out-of-service order or notice issued by
the department or an authorized representa-
tive of the department; or
substances with abuse potential including a  E7KHGHSDUWPHQWUHFHLYHVQRWLÀFDWLRQWKDW
FRQGLWLRQWKDWPD\KDYHGHYHORSHG a person has violated any out-of-service order
RUQRWLFHLVVXHGE\DVWDWHRUIHGHUDODJHQF\
(a) A physical dependence in which the
body requires a continuing supply of a drug,
inhalant or controlled substance to avoid char-
acteristic withdrawal symptoms; or
(b) A psychological dependence character-
ized by an overwhelming mental desire for
continued use of a drug, inhalant or controlled
VXEVWDQFH>F†F†
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813.050 Out-of-service orders for
operators of commercial motor vehi-
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of conviction or a record of a determination by
a state or federal agency with jurisdiction to
determine that the operator has violated an
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(3) Civil penalties under this section shall
be imposed in the manner provided in ORS
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cles; grounds; duration; rules; penalty.  DIRUWKHÀUVWYLRODWLRQRIDQRXW
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the Department of Transportation to perform
vehicle safety inspections shall issue an out-
of-service order to the operator of a commercial
PRWRUYHKLFOHLIDQ\RIWKHIROORZLQJDSSOLHV
(a) The person has reasonable grounds to
believe that the operator has consumed alco-
hol or other intoxicating beverage within four
hours prior to the time the operator began oper-
ating the vehicle or at any time while operating
WKHYHKLFOH$VXVHGLQWKLVSDUDJUDSK´UHD-
VRQDEOHJURXQGVµLQFOXGHVEXWLVQRWOLPLWHG
to, smelling alcohol on the breath or person of
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(b) A chemical test of the operator’s breath
discloses any amount of alcohol in the blood of
WKHRSHUDWRU
(c) The operator possesses an intoxicating
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subsection does not apply to possession of an
Title 59 3DJH
RIVHUYLFHRUGHURUQRWLFH
(b) $5,000 for a second or subsequent viola-
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 813 or any
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813.095 Offense of refusal to take a test
for intoxicants; penalty. (1) A person com-
mits the offense of refusal to take a test for
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(a) Take a breath test when requested to do
so in accordance with the provisions of ORS
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(2015 Edition)
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(b) Take a urine test when requested to do
so in accordance with the provisions of ORS
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(2) The offense described in this section,
refusal to take a test for intoxicants, is a spe-
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(d) Within a period of time required by the
department by rule, report action taken under
this section to the department and prepare
and cause to be delivered to the department
DUHSRUWDVGHVFULEHGLQ256DORQJ
ZLWKWKHFRQÀVFDWHGOLFHQVHRUSHUPLWDQGD
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to any other consequence prescribed by law for
UHIXVDOWRWDNHDWHVWIRULQWR[LFDQWV>
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813.100 Implied consent to breath or
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refusal or failure of test. (1) Any person
who operates a motor vehicle upon premises
open to the public or the highways of this state
shall be deemed to have given consent, subject
to the implied consent law, to a chemical test
of the person’s breath, or of the person’s blood
if the person is receiving medical care in a
health care facility immediately after a motor
vehicle accident, for the purpose of determin-
ing the alcoholic content of the person’s blood
if the person is arrested for driving a motor
YHKLFOHZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
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that the person, at the time of the test, had a
level of alcohol in the person’s blood that consti-
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privileges are subject to suspension under ORS
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the department within 45 days of the date of
DUUHVWWKDWWKHSHUVRQIDLOHGWKHEORRGWHVW
(5) Nothing in this section precludes a police
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person’s breath or blood through any lawful
means for use as evidence in a criminal or
civil proceeding including, but not limited to,
REWDLQLQJDVHDUFKZDUUDQW>F†
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 7HPSRUDU\SHUPLWXSRQFRQÀV-
cation of license.
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able grounds to believe the person arrested to
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istered the person requested to take the test
shall be informed of consequences and rights
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(2) No chemical test of the person’s breath
or blood shall be given, under subsection (1) of
this section, to a person under arrest for driv-
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municipal ordinance, if the person refuses the
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ment of Transportation, shall issue temporary
driving permits described under this section
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(2) The department shall provide police
departments and agencies with permits for
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department shall establish the form and con-
tent of permits described in this section as the
department determines appropriate, but in a
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(3) A permit described in this section is sub-
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ical test after the person has been informed of  D([FHSWDVSURYLGHGLQSDUDJUDSKERI
consequences and rights as described under this subsection, the permit is valid until the
256 WKGD\DIWHUWKHGDWHRIDUUHVW
 ,IDSHUVRQUHIXVHVWRWDNHDWHVWXQGHU
this section or if a breath test under this sec-
tion discloses that the person, at the time of
the test, had a level of alcohol in the person’s
EORRGWKDWFRQVWLWXWHVEHLQJXQGHUWKHLQÁX-
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the person’s driving privileges are subject to
VXVSHQVLRQXQGHU256DQGWKHSROLFH
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(b) During the 12-hour period following issu-
ance of the permit, the person is subject to ORS
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(c) The permit shall be issued without pay-
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 D,PPHGLDWHO\WDNHFXVWRG\RIDQ\GULYHU
license or permit issued by this state to the
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(b) Provide the person with a written notice
of intent to suspend, on forms prepared and
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The written notice shall inform the person of
consequences and rights as described under
256
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(a) Driving privileges of the person were
suspended, revoked or canceled at the time
the person was arrested;
(b) The person whose license was taken into
custody was operating on an invalid license;
(c) The person was not entitled to driving
 F ,I WKH SHUVRQ TXDOLILHV XQGHU 256 privileges at the time of the arrest for any other
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the department, a temporary driving permit
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Title 59 Page 277 (2015 Edition)

 OREGON VEHICLE CODE

(d) The person holds a license or permit (2) The information about rights and conse-
granting driving privileges that was issued TXHQFHVVKDOOEHVXEVWDQWLDOO\DVIROORZV
by another state or jurisdiction and that is not  D'ULYLQJXQGHUWKHLQÁXHQFHRILQWR[L-
WDNHQLQWRFXVWRG\XQGHU256> cants is a crime in Oregon, and the person is
F†F†@ subject to criminal penalties if a test under
813.120 Police report to department. 256VKRZVWKDWWKHSHUVRQLVXQGHU
$UHSRUWUHTXLUHGE\256VKDOO WKH LQÁXHQFH RI LQWR[LFDQWV ,I WKH SHUVRQ
disclose substantially all of the following refuses a test or fails, evidence of the refusal or
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(a) Whether the person, at the time the (b) The person will fail a test under ORS
person was requested to submit to a test, was IRUSXUSRVHVRIFULPLQDOSHQDOWLHVLI
under arrest for driving a motor vehicle while the test discloses a blood alcohol content of
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQ SHUFHQWRUPRUHE\ZHLJKW7KHSHUVRQ
RI256RURIDPXQLFLSDORUGLQDQFH will fail a test for purposes of the Motorist
 E:KHWKHUWKHSROLFHRIÀFHUKDGUHDVRQ- ,PSOLHG&RQVHQW/DZLIWKHWHVWGLVFORVHVD
able grounds to believe, at the time the request EORRGDOFRKROFRQWHQWRI
was made, that the person arrested had been  $SHUFHQWRUPRUHE\ZHLJKWLIWKH
GULYLQJXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQ person was not driving a commercial motor
YLRODWLRQRI256RURIDPXQLFLSDO vehicle;
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(c) Whether the person refused to submit to
a test or if the person submitted to a breath or
blood test whether the level of alcohol in the
person’s blood, as shown by the test, was suf-
ÀFLHQWWRFRQVWLWXWHEHLQJXQGHUWKHLQÁXHQFH
 %SHUFHQWRUPRUHE\ZHLJKWLIWKH
person was driving a commercial motor vehi-
cle; or
(C) Any amount if the person was under 21
\HDUVRIDJH
RILQWR[LFDWLQJOLTXRUXQGHU256
(d) Whether the person was driving a com-
mercial motor vehicle and refused to submit
to a test or if the person submitted to a breath
or blood test whether the level of alcohol in the
SHUVRQ·VEORRGDVVKRZQE\WKHWHVWZDV
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 F,IWKHSHUVRQUHIXVHVRUIDLOVDWHVWXQGHU
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suspension will be substantially longer if the
SHUVRQUHIXVHVDWHVW
(e) Whether the person was informed of con-
sequences and rights as described under ORS

(f) Whether the person was given written
notice of intent to suspend required by ORS
 G,IWKHSHUVRQUHIXVHVDWHVWRUIDLOVD
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Oregon driver license or permit, the license or
permit will be taken immediately and, unless
the person does not currently have full valid
driving privileges, a temporary driving permit
E ZLOOEHLVVXHGWRWKHSHUVRQ
 J,IWKHDUUHVWHGSHUVRQWRRNDWHVWDVWDWH-  H,IWKHSHUVRQUHIXVHVDWHVWXQGHU256
ment that the person conducting the test was WKHSHUVRQLVQRWHOLJLEOHIRUDKDUG-
DSSURSULDWHO\TXDOLÀHG ship permit for at least 90 days, and possibly
 K,IWKHDUUHVWHGSHUVRQWRRNDWHVWD for three years, depending on the following
statement that any methods, procedures and IDFWRUVVHWIRUWKLQ256
equipment used in the test comply with any (A) Whether the person is presently partic-
UHTXLUHPHQWVXQGHU256 LSDWLQJLQDGULYLQJZKLOHXQGHUWKHLQÁXHQFH
 $UHSRUWUHTXLUHGE\256PD\ of intoxicants diversion program in this state
EHPDGHLQRQHRUPRUHIRUPVVSHFLÀHGE\WKH or in any similar alcohol or drug rehabilitation
'HSDUWPHQWRI7UDQVSRUWDWLRQ>F program in this or another jurisdiction; or
†F†F†
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813.130 Rights of and consequences
for person asked to take test. This section
establishes the requirements for information
about rights and consequences for purposes
RI256DQG7KHIROORZLQJ
apply to the information about rights and
FRQVHTXHQFHV DVGHVFULEHGLQ256
(1) The information about rights and con-
sequences shall be substantially in the form
prepared by the Department of Transporta-
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LWGHWHUPLQHVDSSURSULDWHDQGFRQYHQLHQW
 %:KHWKHUZLWKLQWKHÀYH\HDUVSUHFHGLQJ
WKHGDWHRIDUUHVWDQ\RIWKHIROORZLQJRFFXUUHG
(i) A suspension of the person’s driving priv-
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Replacement Part) became effective;
(ii) The person was convicted of driving
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(iii) The person was convicted of driving
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lation of a municipal ordinance in this state
or another jurisdiction, as described in ORS
RU

Title 59 Page 278 (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

(iv) The person commenced participating in
DGULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
cants diversion program in this state or in any
similar alcohol or drug rehabilitation program
in this or another jurisdiction, as described in
256
(A) The person previously has been con-
victed of failure to perform the duties of a
driver;
(B) The person previously has been con-
victed of a crime punishable as a felony and
the person was driving a motor vehicle at the
 I,IWKHSHUVRQUHIXVHVDEUHDWKWHVWXQGHU
256RUUHIXVHVDXULQHWHVWXQGHU
256DQGWKHSHUVRQLVVXEMHFW
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time the offense was committed;
(C) The person previously has been convicted
of driving a commercial motor vehicle while the
person’s commercial driving privileges or right
to apply for commercial driving privileges was
 J$IWHUWDNLQJDWHVWXQGHU256
the person will have a reasonable opportunity,
upon request, for an additional chemical test
for blood alcohol content to be performed at the
SHUVRQ·VRZQH[SHQVHE\DTXDOLÀHGLQGLYLGXDO
RIWKHSHUVRQ·VFKRRVLQJ
(h) The person has a right to a hearing to
challenge the validity of the suspension before
suspended or revoked for offenses committed
while operating a commercial motor vehicle;
(D) The person previously has been con-
victed of any degree of murder, manslaughter
or criminally negligent homicide resulting
from the operation of a commercial motor vehi-
FOHRUDVVDXOWLQWKHÀUVWGHJUHHUHVXOWLQJIURP
the operation of a commercial motor vehicle;
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must make a written request to the depart-
PHQWIRUVXFKDKHDULQJ,IWKHSHUVRQZLQVDW
the hearing, the person’s driving privileges
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hearing, the suspension will remain in effect
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YLFWHGRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants;
(F) The person’s commercial driving priv-
ileges previously have been suspended or
revoked for refusal to submit to, or failure of,
DEUHDWKRUEORRGWHVWXQGHU256RU
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mation provided to the person shall include the
number of hours before the driving permit will
be effective and the number of days the permit
ZLOOEHHIIHFWLYH
(j) The information provided to the person
shall include the number of days within which
a person must request a hearing under ORS

(k) The information provided to the person
shall include the number of days within which
DKHDULQJXQGHU256ZLOOEHKHOG
(L) The person may possibly qualify for a
hardship permit in 30 days if the person fails a
WHVWGHSHQGLQJRQWKHSHUVRQ·VGULYLQJUHFRUG
(G) The person’s right to apply for commer-
cial driving privileges previously has been
suspended or revoked for refusal to submit
to, or failure of, a breath or blood test under
256UHVXOWLQJIURPWKHRSHUDWLRQRI
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(4) Nothing in this section prohibits the
department from providing additional infor-
mation concerning rights and consequences
that the department considers convenient or
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813.131 Implied consent to urine test;
 ,IWKHSHUVRQLVGULYLQJDFRPPHUFLDO privacy; laboratories for analysis. (1) Any
motor vehicle, the information about rights person who operates a motor vehicle upon
and consequences shall include, in addition to premises open to the public or the highways
the provisions of subsection (2) of this section, of this state shall be deemed to have given con-
VXEVWDQWLDOO\WKHIROORZLQJ VHQWVXEMHFWWRWKH0RWRULVW,PSOLHG&RQVHQW
 D,IWKHSHUVRQUHIXVHVDWHVWXQGHU256
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and the level of alcohol in the person’s blood
LVSHUFHQWRUPRUHE\ZHLJKWWKHSHUVRQ·V
commercial driving privileges or right to apply
for commercial driving privileges will be sus-
pended and no hardship permit authorizing the
person to drive a commercial motor vehicle will
EHLVVXHG7KHVXVSHQVLRQZLOOEHVXEVWDQWLDOO\
ORQJHULIWKHSHUVRQUHIXVHVDWHVW
(b) The suspension of the person’s commer-
cial driving privileges or right to apply for
commercial driving privileges will be for the
person’s lifetime if the person refuses a test
XQGHU256RUVXEPLWVWRDEUHDWKRU
blood test and the level of alcohol in the per-
VRQ·VEORRGLVSHUFHQWRUPRUHE\ZHLJKW
DQG
Title 59 Page 279
Law, to a chemical test of the person’s urine
for the purpose of determining the presence of
a controlled substance or an inhalant in the
person’s body if the person is arrested for driv-
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
LQYLRODWLRQRI256RURIDPXQLFLSDO
RUGLQDQFHDQGHLWKHU
(a) The person takes the breath test
GHVFULEHGLQ256DQGWKHWHVWGLV-
FORVHVDEORRGDOFRKROFRQWHQWRIOHVVWKDQ
percent; or
(b) The person is involved in an accident
UHVXOWLQJLQLQMXU\RUSURSHUW\GDPDJH$XULQH
test may be requested under this paragraph
regardless of whether a breath test has been
requested and regardless of the results of a
EUHDWKWHVWLIRQHLVWDNHQ
(2015 Edition)
 OREGON VEHICLE CODE
(2) A police officer may not request a
XULQHWHVWXQOHVVWKHRIÀFHULVFHUWLÀHGE\
the Department of Public Safety Standards
and Training as having completed at least
eight hours of training in recognition of drug
LPSDLUHGGULYLQJDQGWKHRIÀFHUKDVDUHDVRQ-
able suspicion that the person arrested has
EHHQGULYLQJZKLOHXQGHUWKHLQÁXHQFHRID
controlled substance, an inhalant or any com-
bination of an inhalant, a controlled substance
DQGLQWR[LFDWLQJOLTXRU
(3) A person asked to give a urine sample
shall be given privacy and may not be observed
E\DSROLFHRIÀFHUZKHQSURGXFLQJWKHVDPSOH
(4)(a) At the trial of any civil or criminal
action, suit or proceeding arising out of the acts
committed by a person driving a motor vehi-
FOHZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVD
valid chemical analysis of a person’s urine is
admissible as evidence and may be used with
other evidence, if any, to determine whether
WKHSHUVRQZDVGULYLQJZKLOHXQGHUWKHLQÁX-
HQFHRILQWR[LFDQWV
(b) A chemical analysis of a person’s urine is
valid under this subsection if analysis is per-
formed in an accredited or licensed toxicology
ODERUDWRU\>F†F†
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813.132 Consequences of refusing to
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of determining if the person is under the
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reasonably suspects that the person has com-
mitted the offense of driving while under the
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RUDPXQLFLSDORUGLQDQFH%HIRUHWKH
tests are administered, the person requested
to take the tests shall be informed of the conse-
quences of refusing to take or failing to submit
WRWKHWHVWVXQGHU256>F
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813.136 Consequence of refusal or fail-
XUHWRVXEPLWWRÀHOGVREULHW\WHVWV,ID
SHUVRQUHIXVHVRUIDLOVWRVXEPLWWRÀHOGVREUL-
HW\WHVWVDVUHTXLUHGE\256HYLGHQFH
of the person’s refusal or failure to submit is
admissible in any criminal or civil action or
proceeding arising out of allegations that the
SHUVRQZDVGULYLQJZKLOHXQGHUWKHLQÁXHQFH
RILQWR[LFDQWV>F†@
CHEMICAL TESTS; METHODS
AND REQUIREMENTS
813.140 Chemical test with consent;
unconscious person. Nothing in ORS
LVLQWHQGHGWRSUHFOXGHWKHDGPLQ-
istration of a chemical test described in this
VHFWLRQ$SROLFHRIÀFHUPD\REWDLQDFKHPLFDO
take urine test; exception. ([FHSWDV
otherwise provided in this section, a refusal
to take a urine test requested under ORS
VKDOOEHWUHDWHGIRUDOOSXUSRVHVDV
DUHIXVDOWRWDNHDEUHDWKWHVW$VXVSHQVLRQ
imposed for refusal to take a urine test shall
test of the breath or blood to determine the
amount of alcohol in any person’s blood or a test
of the person’s blood or urine, or both, to deter-
mine the presence of a controlled substance or
an inhalant in the person as provided in the
IROORZLQJ
be consecutive to any other suspension imposed
XQGHUWKH0RWRULVW,PSOLHG&RQVHQW/DZ,ID
person is subject to consecutive suspensions,
the length of time that must elapse before the
Department of Transportation may reinstate
driving privileges or issue a hardship permit
 ,IZKHQUHTXHVWHGE\DSROLFHRIÀFHUWKH
SHUVRQH[SUHVVO\FRQVHQWVWRVXFKDWHVW
(2) Notwithstanding subsection (1) of this
section, from a person without the person’s
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(2) Before any test of urine may be admin-
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LQIRUPDWLRQGHVFULEHGLQ256WKH
person asked to take the test shall be informed
that if the person refuses the test, the person’s
driving privileges will be suspended for the
same time period and with the same conse-
quences as if the person had refused the breath
test and that a suspension for refusal of the
urine test will be consecutive to any other sus-
SHQVLRQXQGHUWKH0RWRULVW,PSOLHG&RQVHQW
/DZ
(3) Notwithstanding subsection (1) of this
section, no suspension of driving privileges
shall be imposed for refusal to provide a urine
sample if the person provides documentation
from a physician licensed by this state showing
that the person has a medical condition that
makes it impossible for the person to provide
DVDPSOH>F†F†@
 ,PSOLHGFRQVHQWWRÀHOGVREUL-
ety tests. Any person who operates a vehicle
upon premises open to the public or the high-
ways of the state shall be deemed to have given
FRQVHQWWRVXEPLWWRÀHOGVREULHW\WHVWVXSRQ
Title 59 Page 280
 D7KHSROLFHRIÀFHUKDVSUREDEOHFDXVH
to believe that the person was driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVDQGWKDW
evidence of the offense will be found in the
person’s blood or urine; and
(b) The person is unconscious or otherwise
in a condition rendering the person incapa-
ble of expressly consenting to the test or tests
UHTXHVWHG>F†F†
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813.150 Chemical test at request of
arrested person. ,QDGGLWLRQWRDFKHPLFDO
test of the breath, blood or urine adminis-
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WKHUHTXHVWRIDSROLFHRIÀFHUDSHUVRQVKDOO
be permitted upon request, at the person’s own
expense, reasonable opportunity to have any
licensed physician and surgeon, licensed pro-
IHVVLRQDOQXUVHRUTXDOLÀHGWHFKQLFLDQFKHPLVW
RURWKHUTXDOLÀHGSHUVRQRIWKHSHUVRQ·VRZQ
choosing administer a chemical test or tests of
the person’s breath or blood for the purpose of
determining the alcoholic content of the per-
son’s blood or a chemical test or tests of the
person’s blood or urine, or both, for the pur-
pose of determining the presence of a controlled
VXEVWDQFHRUDQLQKDODQWLQWKHSHUVRQ7KH
(2015 Edition)
 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

failure or inability to obtain such a test or tests RUDTXDOLÀHGSHUVRQDFWLQJXQGHUWKHGLUHF-

by a person shall not preclude the admission of tion or control of a duly licensed physician, is
evidence relating to a test or tests taken upon not civilly liable for withdrawing any bodily
WKHUHTXHVWRIDSROLFHRIÀFHU>F† substance, in a medically acceptable manner,
F†F†@ DWWKHUHTXHVWRIDSHDFHRIÀFHU
813.160 Methods of conducting chem- (3) An individual who performs a chemical
ical analyses; duties of Department of DQDO\VLVRIEUHDWKRUEORRGXQGHU256
State Police; reports; costs. (1) A chemical RUVKDOOSUHSDUHDQGVLJQDZULWWHQ
DQDO\VLVLVYDOLGXQGHU256LI UHSRUWRIWKHÀQGLQJVRIWKHWHVWWKDWPXVW
 D,WLVDQDQDO\VLVRIDSHUVRQ·VEORRGIRU LQFOXGHWKHLGHQWLÀFDWLRQRIWKHSROLFHRIÀFHU
DOFRKROFRQWHQWDQGLVSHUIRUPHGLQ XSRQZKRVHUHTXHVWWKHWHVWZDVDGPLQLVWHUHG
 $ $ ODERUDWRU\ FHUWLÀHG RU DFFUHGLWHG (4) Any individual having custody of the
XQGHU&)5SDUWDQGDSSURYHGIRU report mentioned in subsection (3) of this sec-
toxicology testing; tion shall, upon request of the person tested,
furnish that person or that person’s attorney,
 %$ODERUDWRU\OLFHQVHGXQGHU256
and approved for toxicology testing; or
(C) A forensic laboratory established by
the Department of State Police under ORS
$ WKDW LV DFFUHGLWHG E\ D QDWLRQDO
IRUHQVLFDFFUHGLWLQJRUJDQL]DWLRQ
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(5) The expense of conducting a chemical
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must be paid by the governmental unit on
whose equipment the test is conducted or by
the governmental unit upon whose request
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and is performed by an individual possessing
a valid permit to perform chemical analyses
issued by the Department of State Police and
is performed according to methods approved by
WKH'HSDUWPHQWRI6WDWH3ROLFH)RUSXUSRVHV
of this paragraph, the Department of State
3ROLFHVKDOOGRDOORIWKHIROORZLQJ 813.170 Plea agreement prohibited. (1)
(A) Approve methods of performing chemical
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(B) Prepare manuals and conduct courses
throughout the state for the training of police
RIÀFHUV LQ FKHPLFDO DQDO\VHV RI D SHUVRQ·V
breath, which courses shall include, but are
not limited to, approved methods of chemical
analyses, use of approved equipment and inter-
pretation of test results together with a written
the test was administered if no governmental
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>F†F†F†
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PLEA AGREEMENT
1RWZLWKVWDQGLQJ256WR
a person charged with the offense of driving
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVVKDOOQRW
EHDOORZHGWRSOHDG´JXLOW\µRU´QRFRQWHVWµWR
any other offense in exchange for a dismissal
RIWKHRIIHQVHFKDUJHG1RGLVWULFWDWWRUQH\
or city attorney shall make any motion and
no judge shall enter any order in derogation
RIWKLVVHFWLRQ7KLVVHFWLRQGRHVQRWSURKLELW
GLYHUVLRQDVSURYLGHGXQGHU256
H[DPLQDWLRQRQWKHVHVXEMHFWV
(C) Test and certify the accuracy of equip-
PHQWWREHXVHGE\SROLFHRIÀFHUVIRUFKHPLFDO
analyses of a person’s breath before regular use
of the equipment and periodically thereafter at
LQWHUYDOVRIQRWPRUHWKDQGD\V7HVWVDQG
FHUWLÀFDWLRQUHTXLUHGE\WKLVVXESDUDJUDSK
PXVWEHFRQGXFWHGE\WUDLQHGWHFKQLFLDQV
&HUWLÀFDWLRQXQGHUWKLVVXESDUDJUDSKGRHV
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not be allowed to enter into any program of
supervised performance or diversion except
DVSURYLGHGXQGHU256>F
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DIVERSION
 '$VFHUWDLQWKHTXDOLÀFDWLRQVDQGFRP-
petence of individuals to conduct chemical
analyses in accordance with one or more meth-
RGVDSSURYHGE\WKHGHSDUWPHQW
813.200 Notice of availability of diver-
sion; petition; form; contents. (1) The
court shall inform at arraignment a defendant
charged with the offense of driving while under
WKHLQÁXHQFHRILQWR[LFDQWVDVGHÀQHGLQ256
 (,VVXHSHUPLWVWRLQGLYLGXDOVDFFRUGLQJ
WRWKHLUTXDOLÀFDWLRQV3HUPLWVPD\EHLVVXHG
WRSROLFHRIÀFHUVRQO\XSRQVDWLVIDFWRU\FRP-
pletion of the prescribed training course and
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PHWKRGVDQGHTXLSPHQWWKDWWKHSROLFHRIÀFHU
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mination or revocation at the discretion of the
'HSDUWPHQWRI6WDWH3ROLFH
RUDFLW\RUGLQDQFHFRQIRUPLQJWKHUHWR
that a diversion agreement may be available
if the defendant meets the criteria set out in
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WLRQIRUDGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
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(2) The petition forms for a driving while
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agreement shall be available to a defendant
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blood, only a duly licensed physician or a
person acting under the direction or control of
a duly licensed physician may withdraw blood
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(3) The form of the petition for a driving
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sion agreement and the information and blanks

Title 59 Page 281 (2015 Edition)

 OREGON VEHICLE CODE

contained therein shall be determined by the
6XSUHPH&RXUWXQGHU2567KHSHWL-
tion forms made available to a defendant by
any city or state court shall conform to the
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(b) The person has a valid prescription for a
substance and the person takes the substance
as directed; or
(c) The person is using a nonprescription
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required by the Supreme Court to be contained
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ence of intoxicants diversion agreement, the
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(a) A plea of guilty or no contest to the
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intoxicants signed by the defendant;
(b) An agreement by the defendant to com-
plete at an agency or organization designated
by the city or state court a screening interview
to determine the possible existence and degree
of an alcohol or drug abuse problem;
(c) An agreement by the defendant to com-
with the directions for use that are printed on
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 3HWLWLRQÀOLQJIHHVFUHHQLQJ
interview fee; service on prosecutor;
objection. (1) After an accusatory instrument
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RIIHQVHRIGULYLQJZKLOHXQGHUWKHLQÁXHQFH
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court a petition for a driving while under the
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plete, at defendant’s own expense based on
defendant’s ability to pay, the program of treat-
ment indicated as necessary by the screening
interview;
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GDWHRIWKHGHIHQGDQW·VÀUVWDSSHDUDQFHRQWKH
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E\WKHFRXUWXSRQDVKRZLQJRIJRRGFDXVH
)RUSXUSRVHVRIWKLVSDUDJUDSKWKHÀOLQJRID
 G([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, an agreement by the defendant to
not use intoxicants during the diversion period
and to comply fully with the laws of this state
designed to discourage the use of intoxicants;
(e) A notice to the defendant that the
diversion agreement will be considered to be
violated if the court receives notice that the
defendant at any time during the diversion
period committed the offense of driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVRUFRPPLWWHG
DYLRODWLRQRI256 DWWKHWLPHRIÀOLQJDSHWLWLRQIRUDGULYLQJ
(f) An agreement by the defendant to keep
the court advised of the defendant’s current
mailing address at all times during the diver-
sion period;
(g) A waiver by the defendant of any former
jeopardy rights under the federal and state
&RQVWLWXWLRQVDQG256WRLQ
any subsequent action upon the charge or any
other offenses based upon the same criminal
episode;
demurrer, a motion to suppress or a motion for
an omnibus hearing does not constitute good
FDXVH
(b) Notwithstanding paragraph (a) of this
VXEVHFWLRQPD\QRWEHÀOHGDIWHUHQWU\RID
guilty plea or a no contest plea or after com-
mencement of any trial on the charge whether
or not a new trial or retrial is ordered for any
UHDVRQ
(2) The defendant shall pay to the court,
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
VLRQDJUHHPHQWDÀOLQJIHHHVWDEOLVKHGXQGHU
2567KHFRXUWPD\PDNHSURYLVLRQ
IRUSD\PHQWRIWKHÀOLQJIHHE\WKHGHIHQGDQW
RQDQLQVWDOOPHQWEDVLV7KHFRXUWPD\ZDLYH
DOORUSDUWRIWKHÀOLQJIHHLQFDVHVLQYROYLQJ
LQGLJHQWGHIHQGDQWV7KHÀOLQJIHHSDLGWRWKH
court under this subsection shall be retained
E\WKHFRXUWLIWKHSHWLWLRQLVDOORZHG7KHÀOLQJ
fee shall be distributed as provided by ORS

 K$VZRUQVWDWHPHQWDVGHÀQHGLQ256 (3) The defendant shall pay to the agency
E\WKHGHIHQGDQWFHUWLI\LQJWKDWWKH or organization providing the screening inter-
defendant meets the criteria set out in ORS view, at the time the petition is allowed, the
WREHHOLJLEOHWRHQWHULQWRWKHGULYLQJ IHHUHTXLUHGE\256
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU- (4)(a) Unless otherwise provided under
sion agreement; paragraph (b) of this subsection, the defen-
(i) An agreement by the defendant to pay dant shall pay to the court any court-appointed
court-appointed attorney fees as determined DWWRUQH\IHHVDJUHHGWRXQGHU256
by the court; and
(j) An agreement by the defendant to pay
restitution if ordered by the court under ORS

L3D\PHQWVVKDOOEHPDGHSULRUWRWKHHQGRI
the diversion period on a schedule determined
E\WKHFRXUW
(b) The court may waive all or part of the
court-appointed attorney fees agreed to under
(5) A person may use intoxicants during the
GLYHUVLRQSHULRGLI
(a) The person consumes sacramental wine
given or provided as part of a religious rite or
service;
256L
(5) The defendant shall begin paying to
the court any restitution ordered under ORS
3D\PHQWVVKDOOEHPDGHGXULQJWKH
diversion period on a schedule determined by
WKHFRXUW

Title 59 Page 282 (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

 7KHGHIHQGDQWVKDOOFDXVHDFRS\RIWKH
SHWLWLRQIRUDGULYLQJZKLOHXQGHUWKHLQÁXHQFH
of intoxicants diversion agreement to be served
XSRQWKHGLVWULFWDWWRUQH\RUFLW\DWWRUQH\7KH
GLVWULFWDWWRUQH\RUFLW\DWWRUQH\PD\ÀOHZLWK
the court, within 15 days after the date of ser-
vice, a written objection to the petition and a
UHTXHVWIRUDKHDULQJ>F†
DGULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
FDQWVGLYHUVLRQDJUHHPHQW$GHIHQGDQWLVQRW
ineligible for diversion under this paragraph
by reason of participation in a diversion pro-
gram or rehabilitation program described in
paragraph (d) of this subsection as a result of
the charge for the present offense, a charge
IRUYLRODWLRQRI256RUDFKDUJHIRU
F†F†F† YLRODWLRQRI256
F†F†F† (f) The defendant had no charge of an offense
F†F†@ of aggravated vehicular homicide or of murder,
813.215 Eligibility for diversion. (1) A manslaughter, criminally negligent homicide
defendant is eligible for diversion if the defen- or assault that resulted from the operation
GDQWPHHWVDOORIWKHIROORZLQJFRQGLWLRQV of a motor vehicle pending in this state or in
 D2QWKHGDWHWKHGHIHQGDQWÀOHGWKHSHWL- another jurisdiction on the date the defendant
WLRQIRUDGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI ÀOHGWKHSHWLWLRQIRUDGULYLQJZKLOHXQGHUWKH
intoxicants diversion agreement, the defendant LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
had no charge, other than the charge for the (g) The defendant has not been convicted
SUHVHQWRIIHQVHSHQGLQJIRU of an offense described in paragraph (f) of
(A) An offense of driving while under the this subsection within the period beginning
LQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI 15 years before the date of the commission of
the present offense and ending on the date the
 L256RU GHIHQGDQWÀOHGWKHSHWLWLRQIRUDGULYLQJZKLOH
(ii) The statutory counterpart to ORS XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ
LQDQRWKHUMXULVGLFWLRQ DJUHHPHQW
 %$GULYLQJXQGHUWKHLQÁXHQFHRILQWR[-
icants offense in another jurisdiction that
involved the impaired driving of a vehicle due
to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination
thereof; or
(C) A driving offense in another jurisdiction
that involved operating a vehicle while having
a blood alcohol content above that jurisdiction’s
SHUPLVVLEOHEORRGDOFRKROFRQWHQW
(b) The defendant has not been convicted
of an offense described in paragraph (a) of
this subsection within the period beginning
15 years before the date of the commission of
the present offense and ending on the date the
GHIHQGDQWÀOHGWKHSHWLWLRQIRUDGULYLQJZKLOH
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ
DJUHHPHQW
(c) The defendant has not been convicted of
(h) The defendant did not hold commercial
driving privileges on the date of the commis-
VLRQRIWKHRIIHQVH
(i) The defendant was not operating a com-
PHUFLDOPRWRUYHKLFOHDWWKHWLPHRIWKHRIIHQVH
(j) The present driving while under the
LQÁXHQFHRILQWR[LFDQWVRIIHQVHGLGQRWLQYROYH
DQDFFLGHQWUHVXOWLQJLQ
(A) Death of any person; or
(B) Physical injury as defined in ORS
WRDQ\SHUVRQRWKHUWKDQWKHGHIHQGDQW
(2) For the purposes of subsection (1)(a) of
this section, a conviction for a driving offense
in another jurisdiction based solely on a person
under 21 years of age having a blood alcohol
content that is lower than the permissible blood
alcohol content in that jurisdiction for a person
21 years of age or older does not constitute a
DIHORQ\RIIHQVHGHVFULEHGLQ256 SULRUFRQYLFWLRQ
D
(d) The defendant was not participating in a
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
diversion program or in any similar alcohol or
drug rehabilitation program in this state or in
another jurisdiction on the date the defendant
ÀOHGWKHSHWLWLRQIRUDGULYLQJZKLOHXQGHUWKH
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW$
defendant is not ineligible for diversion under
this paragraph by reason of participation in
a diversion program or any similar alcohol or
drug rehabilitation program as a result of the
charge for the present offense, a charge for vio-
ODWLRQRI256RUDFKDUJHIRUYLRODWLRQ
(3) A defendant is eligible for a second or
subsequent diversion if the defendant meets
all of the conditions of subsection (1) of this
section and the defendant has not been con-
victed of any other criminal offense involving
a motor vehicle within the period beginning
15 years before the date of the commission of
the present offense and ending on the date the
GHIHQGDQWÀOHGWKHSHWLWLRQIRUWKHVHFRQGRU
VXEVHTXHQWGULYLQJZKLOHXQGHUWKHLQÁXHQFH
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†F†F†
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(e) The defendant did not participate in a
diversion or rehabilitation program described
in paragraph (d) of this subsection within the
period beginning 15 years before the date of the
commission of the present offense and ending
RQWKHGDWHWKHGHIHQGDQWÀOHGWKHSHWLWLRQIRU
F†F†@
813.220 Matters to be considered by
court in determining to allow diversion
agreement; reasons for denial. After the
time for requesting a hearing under ORS
KDVH[SLUHGZLWKQRUHTXHVWIRUDKHDU-
ing, or after a hearing requested under ORS
WKHFRXUWVKDOOGHWHUPLQHZKHWKHU

Title 59 Page 283 (2015 Edition)

 OREGON VEHICLE CODE

to allow or deny a petition for a driving while vehicular homicide or of murder, manslaugh-
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ ter, criminally negligent homicide or assault
DJUHHPHQW,QPDNLQJDGHWHUPLQDWLRQXQGHU that resulted from the operation of a motor
WKLVVHFWLRQWKHFRXUW vehicle in this state or in another jurisdiction
(1) Shall consider whether the diversion DIWHUWKHGDWHWKHGHIHQGDQWÀOHGWKHSHWLWLRQ
ZLOOEHRIEHQHÀWWRWKHGHIHQGDQWDQGWKH (10) Shall deny the petition for a driving
FRPPXQLW\ ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
(2) May take into consideration whether sion agreement if the defendant has been
there was an early recognition by the defen- convicted of a felony offense described in ORS
dant during the proceeding that a course of
diagnosis and treatment of problem drink-
ing, alcoholism or drug dependency would be
EHQHÀFLDO
(3) May take into consideration whether
there is a probability that the defendant will
cooperate with the diagnostic assessment and
WUHDWPHQWDJHQFLHV
(4) May take into consideration whether the
defendant will observe the restrictions con-
WDLQHGLQWKHGLYHUVLRQDJUHHPHQW
(5) May take into consideration whether the
offense was committed in a motor vehicle and
whether there was a passenger in the motor
vehicle who was under 18 years of age and at
OHDVWWKUHH\HDUV\RXQJHUWKDQWKHGHIHQGDQW
D
(11) For the purposes of subsection (7) of
this section, may not consider a conviction for
a driving offense in another jurisdiction based
solely on a person under 21 years of age having
a blood alcohol content that is lower than the
permissible blood alcohol content in that juris-
diction for a person 21 years of age or older as
DSULRUFRQYLFWLRQ
(12) May not deny the petition for a driv-
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
diversion agreement solely on the basis that
the defendant is a member of the Armed Forces
of the United States, the reserve components
of the Armed Forces of the United States or
the National Guard and has been called or
demonstrates that the defendant will be called
 6KDOOGHQ\WKHSHWLWLRQIRUDGULYLQJZKLOH
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ
agreement if the defendant failed to appear at
an arraignment on the present offense without
JRRGFDXVH
(7) Shall deny the petition for a driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
to active duty, and the military service will
impair the defendant’s ability to complete the
GLYHUVLRQSURJUDP>F†
F†F†F†
F†F†F†
F†@
813.222 Right of victim to be present at
sion agreement if, after the date the defendant hearing. ,IDGULYLQJZKLOHXQGHUWKHLQÁX-
ÀOHGWKHSHWLWLRQWKHGHIHQGDQWZDVFKDUJHG ence of intoxicants offense involves damage to
ZLWKRUFRQYLFWHGRI property of a person other than the defendant,
the victim of the property damage has a right
(a) An offense of driving while under the to be present and to be heard at any hearing
LQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI RQDSHWLWLRQIRUDGLYHUVLRQDJUHHPHQW
 $256RU (2) The district attorney or city attorney
(B) The statutory counterpart to ORS shall notify the victim that the defendant may
LQDQRWKHUMXULVGLFWLRQ be eligible for diversion and that if there is a
hearing on a petition for diversion, the victim
 E$GULYLQJXQGHUWKHLQÁXHQFHRILQWR[-
icants offense in another jurisdiction that
involved the impaired driving of a vehicle due
to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination
thereof; or
(c) A driving offense in another jurisdiction
that involved operating a vehicle while having
a blood alcohol content above that jurisdiction’s
SHUPLVVLEOHEORRGDOFRKROFRQWHQW
(8) Shall deny the petition for a driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ
has a right to be present and to be heard at
WKHKHDULQJ>F†@
813.225 Petition for extension of diver-
sion period; conditions. (1) A defendant may
apply by motion to the court in which a driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
VLRQDJUHHPHQWGHVFULEHGLQ256ZDV
entered for an order extending the diversion
SHULRG
(a) Within 30 days prior to the end of the
diversion period; or
agreement if the defendant participated in a
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
cants diversion program or in any similar
alcohol or drug rehabilitation program, other
than a program entered into as a result of the
charge for the present offense, in this state
or in another jurisdiction after the date the
GHIHQGDQWÀOHGWKHSHWLWLRQ
(9) Shall deny the petition for a driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
sion agreement if the defendant was charged
with or convicted of an offense of aggravated
Title 59 Page 284
 E,IWKHGHIHQGDQWLVVHUYLQJRQDFWLYHGXW\
as a member of the Armed Forces of the United
States, or is a member of the reserve compo-
nents of the Armed Forces of the United States
or the National Guard, at any time prior to the
HQGRIWKHGLYHUVLRQSHULRG
(2) Petition forms for an application for an
extension under this section shall be available
WRDGHIHQGDQWDWWKHFRXUW
(3) The form of the petition for an exten-
sion under this section shall be determined
E\WKH6XSUHPH&RXUWXQGHU2567KH
(2015 Edition)
 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
petition forms made available to a defendant
by any city or state court shall conform to the
UHTXLUHPHQWVRIWKH6XSUHPH&RXUW
(4) The court may grant a petition for an
H[WHQVLRQÀOHGXQGHUWKLVVHFWLRQLIWKHFRXUW
ÀQGVWKDWWKHGHIHQGDQWPDGHDJRRGIDLWK
effort to complete the conditions of the diver-
sion agreement and that the defendant can
complete the conditions of the diversion agree-
ment within the requested extended diversion
SHULRG
(5) An extension granted under this section
may be for no more than 180 days from the
ending date of the original diversion period or
for another time period the court allows under
 
(a) Accept the guilty plea or no contest plea
ÀOHGDVSDUWRIWKHSHWLWLRQIRUDGLYHUVLRQ
agreement but withhold entry of a judgment
of conviction; and
(b) Sign the petition and indicate thereon
the date of allowance of the diversion period,
the length of the diversion period and the date
XSRQZKLFKWKHGULYLQJZKLOHXQGHUWKHLQÁX-
HQFHRIIHQVHRFFXUUHG
(2) The petition when signed and dated
becomes the diversion agreement between
WKHGHIHQGDQWDQGWKHFRXUW7KHFRXUWVKDOO
make the agreement a part of the record of the
FDVH7KHFRXUWVKDOOQRWLI\WKH'HSDUWPHQWRI
Transportation of the diversion agreement in
VXEVHFWLRQRIWKLVVHFWLRQ a form agreed to by the department and the
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI State Court Administrator within 48 hours
this section, a court may grant a defendant DIWHUDOORZLQJWKHSHWLWLRQ7KHGHSDUWPHQW
only one extension of a diversion period under shall make the fact of the diversion agreement
WKLVVHFWLRQ DSDUWRIWKHGHIHQGDQW·VRSHUDWLQJUHFRUG
(7) The court may extend the diversion  $GULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
period as necessary to allow the defendant intoxicants diversion agreement shall be for
VXIÀFLHQWWLPHWRFRPSOHWHWKHFRQGLWLRQVRI a period of one year after the date the court
WKHGLYHUVLRQDJUHHPHQWLIWKHGHIHQGDQW DOORZVWKHSHWLWLRQ'XULQJWKHGLYHUVLRQSHULRG
the court shall stay the driving while under
 D ,V D PHPEHU RI WKH $UPHG )RUFHV RI
the United States, the reserve components of
the Armed Forces of the United States or the
National Guard;
WKHLQÁXHQFHRILQWR[LFDQWVRIIHQVHSURFHHGLQJ
pending completion of the diversion agreement
RULWVWHUPLQDWLRQ
(4) When the court denies a petition for a
 E,VRQDFWLYHGXW\RUKDVUHFHLYHGRUGHUV
that the defendant will be called to active duty;
and
(c) Demonstrates that the military service
will impair the defendant’s ability to complete
the conditions of the diversion agreement and
no comparable treatment program described
LQ256LVDYDLODEOH
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
cants diversion agreement, it shall continue the
RIIHQVHSURFHHGLQJDJDLQVWWKHGHIHQGDQW7KH
JXLOW\SOHDRUQRFRQWHVWSOHDÀOHGDVSDUWRIWKH
petition for the diversion agreement may not
be used in the offense proceeding under this
VXEVHFWLRQ>F†F†
F†F†F†@
 ,IWKHFRXUWJUDQWVWKHSHWLWLRQIRUDQ 813.233 Exemption from completing
extension under this section, the following treatment program in this state. ,QOLHX
DSSO\ of completing a treatment program in this
state as a part of completing the conditions of
 D,IWKHGHIHQGDQWIXOO\FRPSOLHVZLWKWKH
conditions of the diversion agreement within
the extended diversion period, the court may
dismiss the charge with prejudice under ORS

DGULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[-
icants diversion agreement in this state, the
court may allow a defendant who is a member
of the Armed Forces of the United States, the
reserve components of the Armed Forces of the
 E,IWKHFRXUWÀQGVWKDWWKHGHIHQGDQW
failed to comply with the diversion agreement
within the extended diversion period, the court
shall enter the guilty plea or no contest plea
ÀOHGDVSDUWRIWKHSHWLWLRQIRUDGLYHUVLRQ
agreement, shall enter a judgment of convic-
WLRQDQGVKDOOVHQWHQFHWKHGHIHQGDQW
United States or the National Guard and who
is serving on active duty to participate in a
comparable treatment program conducted by or
authorized by a government entity in another
MXULVGLFWLRQ>F†@
NoteZDVDGGHGWRDQGPDGHD
part of the Oregon Vehicle Code by legislative
 ,IWKHFRXUWGHQLHVWKHSHWLWLRQIRUDQ
extension under this section, the court shall
HQWHUWKHJXLOW\SOHDRUQRFRQWHVWSOHDÀOHGDV
part of the petition for a diversion agreement,
shall enter a judgment of conviction and shall
VHQWHQFHWKHGHIHQGDQW>F†
F†F†@
813.230 Diversion agreement; record;
duration; effect of denial. (1) When the
court allows a petition for a driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ
DJUHHPHQWÀOHGDVSURYLGHGLQ256
WKHMXGJHWDNLQJWKDWDFWLRQVKDOO of the diversion agreement, to pay a reason-
action but was not added to ORS chapter 813
RUDQ\VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
813.235 Attendance at victim impact
treatment session as condition of diver-
sion; fee. ,QDFRXQW\WKDWKDVDYLFWLPLPSDFW
program a court may require as a condition of
DGULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
cants diversion agreement that the defendant
DWWHQGDYLFWLPLPSDFWWUHDWPHQWVHVVLRQ,IWKH
court requires attendance under this section,
the court may require the defendant, as part
able fee to the victim impact program to offset

Title 59 Page 285 (2015 Edition)

 OREGON VEHICLE CODE

WKHFRVWRIWKHGHIHQGDQW·VSDUWLFLSDWLRQ7KH DWWRUQH\DWWKHWLPHLWLVÀOHGZLWKWKHFRXUW
fee shall be established for each county by the The district attorney or city attorney may con-
victim impact panel coordinator and steering WHVWWKHPRWLRQ
committee of that county and shall be not less
WKDQRUPRUHWKDQ>F†
F†@
813.240 Amount and distribution of
ÀOLQJIHHVFUHHQLQJLQWHUYLHZIHH(1) The
ÀOLQJIHHSDLGE\DGHIHQGDQWDWWKHWLPHRI
ÀOLQJDSHWLWLRQIRUDGULYLQJZKLOHXQGHUWKH
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
DVSURYLGHGLQ256LV$IHHFRO-
lected under this subsection in the circuit court
shall be deposited by the clerk of the court in
WKH&ULPLQDO)LQH$FFRXQW,IWKHIHHLVFRO-
lected in a municipal or justice court, $290
of the fee shall be forwarded by the court to
the Department of Revenue for deposit in the
Criminal Fine Account, and the remainder
of the fee shall be paid to the city or county
WUHDVXUHU
 ,IWKHGHIHQGDQWGRHVQRWDSSHDUDVSUR-
vided by subsection (1) of this section within
six months after the conclusion of the diversion
SHULRGDQGLIWKHFRXUWÀQGVWKDWWKHGHIHQGDQW
fully complied with and performed the condi-
tions of the diversion agreement, and if it gives
QRWLFHRIWKDWÀQGLQJWRWKHGLVWULFWDWWRUQH\RU
city attorney the court may on its own motion
enter an order dismissing the charge of driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVZLWK
SUHMXGLFH
(4) No statement made by the defendant
about the offense with which the defendant is
charged shall be offered or received in evidence
in any criminal or civil action or proceeding
arising out of the same conduct which is the
basis of the charge of driving while under the
LQÁXHQFHRILQWR[LFDQWVLIWKHVWDWHPHQWZDV
 ,IOHVVWKDQWKHIXOOÀOLQJIHHLVFROOHFWHG
under subsection (1) of this section in a munic-
ipal or justice court, the money received shall
EHDOORFDWHGÀUVWWRWKH'HSDUWPHQWRI5HYHQXH
IRUGHSRVLWLQWKH&ULPLQDO)LQH$FFRXQW
made during the course of the screening inter-
view or treatment program and to a person
HPSOR\HGE\WKHSURJUDP>F†
F†F†F†@
813.252 Motion to dismiss charge when
 ,QDGGLWLRQWRWKHÀOLQJIHHXQGHUVXEVHF-
tion (1) of this section, the court shall order the
defendant to pay $150 directly to the agency
or organization providing the screening inter-
YLHZ>F†F†
F†F†F††DD
F††F†F†
F†F††
F††F††F
†F††F†
F††F†@
813.245 Booking. When a court grants a
SHWLWLRQIRUDGULYLQJZKLOHXQGHUWKHLQÁXHQFH
of intoxicants diversion agreement, a court
shall ensure that the defendant submits to
booking, if the defendant has not already been
booked on the charge of driving while under
WKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI256
>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 813 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
813.250 Motion to dismiss charge on
completion of diversion; admissibility of
statements. (1) At any time after the conclu-
sion of the period of a driving while under the
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
GHVFULEHGLQ256DGHIHQGDQWZKR
has fully complied with and performed the con-
ditions of the diversion agreement may apply
by motion to the court wherein the diversion
agreement was entered for an order dismissing
WKHFKDUJHZLWKSUHMXGLFH
(2) The defendant shall cause to be served
on the district attorney or city attorney a copy
of the motion for entry of an order dismissing
with prejudice the charge of driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV7KHPRWLRQ
shall be served on the district attorney or city
Title 59 3DJH
PLQLPDOÀQHDPRXQWUHPDLQV(1) At any
time before entry of a judgment of conviction
and within 180 days after the conclusion of the
SHULRGRIDGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants diversion agreement described in
256RUDQH[WHQVLRQGHVFULEHGLQ256
DGHIHQGDQWZKRKDVFRPSOLHGZLWK
and performed all of the conditions of the diver-
sion agreement, except that the defendant owes
$500 or less of the fees required under ORS
DQGPD\
apply by motion to the court wherein the diver-
sion agreement was entered for a judgment
dismissing with prejudice the charge of driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
(2) The defendant shall cause to be served
on the district attorney or city attorney a copy
of the motion for a judgment dismissing with
prejudice the charge of driving while under the
LQÁXHQFHRILQWR[LFDQWV7KHFRS\RIWKHPRWLRQ
shall be served on the district attorney or city
DWWRUQH\DWWKHWLPHWKHPRWLRQLVÀOHGZLWK
WKHFRXUW7KHGLVWULFWDWWRUQH\RUFLW\DWWRUQH\
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(3) At the hearing on the motion described
in subsection (1) of this section, the court shall
dismiss with prejudice the charge of driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLIWKH
defendant pays the balance of the fees owed
E\SPRQWKHGD\WKHKHDULQJLVKHOG7KH
defendant may also pay the balance of the fees
RZHGEHIRUHWKHGD\WKHKHDULQJLVKHOG
(4) Before the court dismisses with prejudice
DFKDUJHRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants under this section, the court shall
enter a judgment containing a money award,
DVGHÀQHGLQ256IRUDQ\UHPDLQLQJ
DPRXQWRIUHVWLWXWLRQRZHGE\WKHGHIHQGDQW
>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 813 by legislative action but
(2015 Edition)
 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ dismiss with prejudice the charge of driving

See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
813.255 Termination of diversion. (1)
At any time before the court dismisses with
prejudice the charge of driving while under the
LQÁXHQFHRILQWR[LFDQWVWKHFRXUWRQLWVRZQ
motion or on the motion of the district attorney
or city attorney may issue an order requiring
the defendant to appear and show cause why
the court should not terminate the diversion
DJUHHPHQW7KHRUGHUWRVKRZFDXVHPXVW KHOG
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLI
(a) The defendant has complied with and
performed all of the conditions of the diversion
agreement except that the defendant owes $500
RUOHVVRIWKHIHHVUHTXLUHGXQGHU256
DQGDQG
(b) The defendant pays the balance of the
IHHVRZHGE\SPRQWKHGD\WKHKHDULQJLV
KHOG7KHGHIHQGDQWPD\DOVRSD\WKHEDODQFH
of the fees owed before the day the hearing is
(a) State the reasons for the proposed
termination;
(b) Specify the amount of any fees owed and,
if the amount owed is $500 or less, inform the
defendant that the court may dismiss with
prejudice the charge of driving while under
WKHLQÁXHQFHRILQWR[LFDQWVLIWKHSHUVRQKDV
complied with and performed all of the condi-
tions of the diversion agreement and pays the
remaining amount before or on the date of the
hearing; and
 $FRXUWPD\QRWWHUPLQDWHDGLYHUVLRQ
agreement under this section for failure to pay
UHVWLWXWLRQXQGHU256LIWKHGHIHQGDQW
has otherwise complied with and performed all
RIWKHFRQGLWLRQVRIWKHGLYHUVLRQDJUHHPHQW
(7) Before the court dismisses with prej-
udice the charge of driving while under the
LQÁXHQFHRILQWR[LFDQWVXQGHUWKLVVHFWLRQ
the court shall enter a judgment containing
DPRQH\DZDUGDVGHÀQHGLQ256IRU
any remaining amount of restitution owed by
 F6HWDQDSSHDUDQFHGDWH WKHGHIHQGDQW
(2) The order to show cause shall be served
on the defendant and on the defendant’s attor-
QH\LIDQ\6HUYLFHPD\EHPDGHE\ÀUVWFODVV
mail, postage paid, addressed to the defendant
at the mailing address shown on the diversion
petition and agreement or at any other address
that the defendant provides in writing to the
FRXUW
 ,IWKHFRXUWWHUPLQDWHVWKHGLYHUVLRQ
agreement and enters the guilty plea or no
contest plea, the court may take into account
DWWLPHRIVHQWHQFLQJDQ\SDUWLDOIXOÀOOPHQW
by the defendant of the terms of the diversion
DJUHHPHQW>F†F†
F†F†@
813.260 Designation of agencies to
 ([FHSWDVSURYLGHGLQVXEVHFWLRQV perform screening interviews; duties of
DQGRIWKLVVHFWLRQWKHFRXUWVKDOOWHU- agency. (1) Courts having jurisdiction over
minate the diversion agreement and enter the GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
JXLOW\SOHDRUQRFRQWHVWSOHDWKDWZDVÀOHGDV cants offenses shall designate agencies or
part of the petition for the diversion agreement organizations to perform the screening inter-
if the defendant fails to appear at the hearing view and treatment required under driving
on the order to show cause or if, at the hearing ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
RQWKHRUGHUWRVKRZFDXVHWKHFRXUWÀQGVE\ VLRQDJUHHPHQWVGHVFULEHGLQ256
DSUHSRQGHUDQFHRIWKHHYLGHQFHWKDW The designated agencies or organizations must
 D7KHGHIHQGDQWQRORQJHUTXDOLÀHVIRU meet minimum standards established pursu-
the diversion agreement under the conditions DQWWR256WRSHUIRUPWKHVFUHHQLQJ
GHVFULEHGLQ256RU interview and treatment of problem drinking,
alcoholism and drug dependency and must be
 E7KHGHIHQGDQWIDLOHGWRIXOÀOODOORIWKH FHUWLÀHGE\WKH'LUHFWRURIWKH2UHJRQ+HDOWK
WHUPVRIWKHGLYHUVLRQDJUHHPHQW $XWKRULW\:KHUHYHUSRVVLEOHDFRXUWVKDOOGHV-
 ,IDGHIHQGDQWLVDPHPEHURIWKH$UPHG
Forces of the United States, the reserve compo-
nents of the Armed Forces of the United States
or the National Guard and is on active duty,
WKHFRXUWVKDOO (2) Monitoring of a defendant’s progress
(a) Allow the defendant to appear at the
hearing by telephone or other communication
device approved by the court, if the defendant’s
military service permits such an appearance;
or
(b) Stay the termination proceeding if the
defendant’s military service prohibits the
defendant’s appearance by telephone or other
communication device and prohibits the defen-
dant from aiding and assisting the attorney
ZKRZRXOGDSSHDURQWKHGHIHQGDQW·VEHKDOI
ignate agencies or organizations to perform the
screening interview that are separate from
those that may be designated to carry out a
SURJUDPRIWUHDWPHQW
under a diversion agreement shall be the
responsibility of the agency or organization
SHUIRUPLQJ WKH VFUHHQLQJ LQWHUYLHZ 7KH
agency or organization shall make a report to
the court stating the defendant’s successful
completion or failure to complete all or any
SDUWRIWKHWUHDWPHQWSURJUDPVSHFLÀHGE\WKH
VFUHHQLQJLQWHUYLHZ7KHIRUPRIWKHUHSRUW
shall be determined by agreement between
the court and the agency or organization per-
IRUPLQJWKHVFUHHQLQJLQWHUYLHZ7KHFRXUW
shall make the report of the agency or orga-
 ,IWKHGHIHQGDQWDSSHDUVDWWKHKHDULQJ nization performing the screening interview
on the order to show cause, the court shall that is required by this subsection a part of
WKHUHFRUGRIWKHFDVH>F†

Title 59 Page 287 (2015 Edition)

 OREGON VEHICLE CODE

F†F†F† used with other evidence, if any, to determine

F†@ whether or not the person was then under the
813.270 Intoxicated Driver Program LQÁXHQFHRILQWR[LFDQWV
Fund; creation; uses. 7KH,QWR[LFDWHG'ULYHU  1RWOHVVWKDQSHUFHQWE\ZHLJKWRI
Program Fund is created to consist of moneys alcohol in a person’s blood constitutes being
SODFHGLQWKHIXQGXQGHU256DQG XQGHUWKHLQÁXHQFHRILQWR[LFDWLQJOLTXRU
RUDVRWKHUZLVHSURYLGHGE\ODZDQGRI (3) Notwithstanding subsection (2) of this
gifts and grants made to the fund for carrying VHFWLRQIRUSXUSRVHVRIWKH0RWRULVW,PSOLHG
RXWWKHSXUSRVHVRIWKHIXQG7KHPRQH\VLQ &RQVHQW/DZDVGHÀQHGLQ256IRU
the fund may be used only for the following a person who is under 21 years of age, any
SXUSRVHV amount of alcohol in the blood constitutes being
(1) To pay for providing treatment for indi- XQGHUWKHLQÁXHQFHRILQWR[LFDWLQJOLTXRU
viduals who enter diversion agreements under (4) Percent by weight of alcohol in the blood
256DQGZKRDUHIRXQGWREHLQGLJHQW shall be based upon grams of alcohol per 100
Payment for treatment under this subsection milliliters of blood or based upon grams of alco-
may include treatment for problem drinking, KROSHUOLWHUVRIEUHDWK>F†
DOFRKROLVPRUGUXJGHSHQGHQF\3D\PHQWVKDOO F†F†F†
be made as provided by the Director of the F†@
Oregon Health Authority by rule to agencies
RURUJDQL]DWLRQVSURYLGLQJWUHDWPHQW 813.310 Refusal to take chemical test
admissible as evidence. ,IDSHUVRQUHIXVHV
(2) To pay for evaluation as provided by law WRVXEPLWWRDFKHPLFDOWHVWXQGHU256
RISURJUDPVXVHGIRUGLYHUVLRQDJUHHPHQWV or refuses to consent to chemical tests under
(3) To pay the cost of administration of the 256HYLGHQFHRIWKHSHUVRQ·VUHIXVDOLV
IXQGE\WKH2UHJRQ+HDOWK$XWKRULW\ admissible in any civil or criminal action, suit
(4) To pay for materials, resources and or proceeding arising out of acts alleged to have
training supplied by the authority to those been committed while the person was driving
persons, organizations or agencies performing a motor vehicle on premises open to the public
the screening interviews or providing educa- RUWKHKLJKZD\VZKLOHXQGHUWKHLQÁXHQFHRI
tion or treatment to persons under diversion LQWR[LFDQWV>F†F†@
DJUHHPHQWV 813.320 Effect of implied consent law
(5) To pay for providing treatment programs on evidence. (1) The provisions of the implied
UHTXLUHGXQGHU256DQGWUHDWPHQW FRQVHQWODZH[FHSW256VKDOOQRWEH
or information programs required under ORS construed by any court to limit the introduction
IRULQGLYLGXDOVZKRDUHIRXQGWREH of otherwise competent, relevant evidence in
LQGLJHQW any civil action, suit or proceedings or in any
criminal action other than a violation of ORS
 7RSD\IRUVSHFLDOVHUYLFHVUHTXLUHGWR RUDVLPLODUPXQLFLSDORUGLQDQFHLQ
enable a person with a disability, or a person SURFHHGLQJVXQGHU256
ZKRVHSURÀFLHQF\LQWKHXVHRI(QJOLVKLVOLP-
ited because of the person’s national origin, (2) The provisions of the implied consent law
to participate in treatment programs that shall not be construed by any court to limit the
are used for diversion agreements under ORS introduction of otherwise competent, relevant
RUDUHUHTXLUHGXQGHU256 evidence of the amount of alcohol in the blood of
7KLVVXEVHFWLRQDSSOLHV a defendant in a prosecution for driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLI
(a) Whether or not the person is indigent;
and (a) The evidence results from a test of blood
taken from the defendant while the defen-
(b) Only to special services required solely dant was hospitalized or otherwise receiving
because of the person’s disability or limited medical care, whether or not the defendant
SURÀFLHQF\LQWKHXVHRI(QJOLVK>F consented to the drawing of blood or to the
†F†F†F test; or
†F†F†F
†DF†F† (b) The evidence is obtained pursuant to a
F†@ VHDUFKZDUUDQW>F†F
†F†@
813.322 Department of State Police
EVIDENCE rules regarding breath tests as evidence;
813.300 Use of blood alcohol percent- YDOLGLW\ RI RIÀFHU·V SHUPLW (1) A court
age as evidence; percentage required for shall, at the request of a party to the case,
EHLQJXQGHUWKHLQÁXHQFH(1) At the trial of DGPLWLQWRHYLGHQFHZLWKRXWFHUWLÀFDWLRQD
any civil or criminal action, suit or proceeding copy of administrative rules of the Depart-
arising out of the acts committed by a person ment of State Police addressing methods of
GULYLQJDPRWRUYHKLFOHZKLOHXQGHUWKHLQÁX- conducting chemical tests of a person’s breath
ence of intoxicants, if the amount of alcohol in in a proceeding arising from the arrest of a
the person’s blood at the time alleged is less SHUVRQIRUGULYLQJZKLOHXQGHUWKHLQÁXHQFH
WKDQSHUFHQWE\ZHLJKWRIDOFRKRODVVKRZQ RILQWR[LFDQWV
by chemical analysis of the person’s breath  ,IDSROLFHRIÀFHUWHVWLÀHVLQDSURFHHGLQJ
or blood, it is indirect evidence that may be arising from the arrest of a person for driving

Title 59 Page 288 (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVWKDW (d) The court shall not submit the accusatory

WKHRIÀFHUKDVDYDOLGSHUPLWWRSHUIRUPDQDO- instrument or evidence of the prior convictions
ysis of a person’s breath, the defendant has WRWKHMXU\
the burden of moving forward with evidence
WRVKRZWKDWWKHRIÀFHUGRHVQRWKDYHDYDOLG
SHUPLW>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 813 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
813.324 Use of testimony from implied
consent hearing as evidence in prosecu-
 ,QDSURFHHGLQJXQGHU256WKH
state may offer, and the court may receive and
submit to the jury, evidence of the prior con-
victions for impeachment of the defendant or
another purpose, other than establishing the
prior convictions as an element of the offense,
when the evidence of the prior convictions is
RWKHUZLVHDGPLVVLEOHIRUWKDWSXUSRVH:KHQ
evidence of the prior convictions has been
admitted by the court, the state may comment
tion. ,IWKHSURVHFXWLQJDWWRUQH\RUWKH
attorney for the defendant in a prosecution for
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
cants obtains a tape or a transcript of a hearing
KHOGIRUWKHGHIHQGDQWXQGHU256WKH
attorney must provide a copy of the tape or
transcript to the attorney for the other party
DWOHDVWVHYHQGD\VSULRUWRWKHÀUVWGDWHVHWIRU
WULDO,IWKHDWWRUQH\IDLOVWRVXSSO\WKHPDWH-
rial in the time required, testimony from the
hearing may not be admitted in evidence in
the trial for any purpose, unless the attorney
shows good cause for the failure to make the
PDWHULDODYDLODEOH
upon, and the court may give instructions
about, the evidence of the prior convictions only
to the extent that the comments or instructions
relate to the purpose for which the evidence
ZDVDGPLWWHG
(3) When the defendant stipulates to the
prior convictions required as an element of
IHORQ\GULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVXQGHU256LIWKHMXU\
ÀQGVWKHGHIHQGDQWJXLOW\XSRQLQVWUXFWLRQ
regarding the balance of the elements of the
crime, the court shall enter a judgment of
JXLOW\RIIHORQ\GULYLQJZKLOHXQGHUWKHLQÁX-
HQFHRILQWR[LFDQWV
(2) The cost of a copy of a tape or transcript
furnished under subsection (1) of this section
shall be borne by the party who receives the
FRS\
(3) Nothing in this section requires a tape to
be transcribed by the attorney who is required
to provide a tape or transcript under subsection
  $V XVHG LQ WKLV VHFWLRQ ´FRQYLFWLRQµ
LQFOXGHVDMXYHQLOHDGMXGLFDWLRQ>F
†F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
RIWKLVVHFWLRQ>F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
813.326 Felony driving while under
WKHLQÁXHQFHRILQWR[LFDQWVSULRUFRQ-
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
813.328 Notice of intent to challenge
validity of prior convictions. (1) A defen-
dant who challenges the validity of prior
convictions alleged by the state as an element
RIIHORQ\GULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants must give notice of the intent to
challenge the validity of the prior convictions
victions. ,QDSURVHFXWLRQIRUIHORQ\GULYLQJ DWOHDVWVHYHQGD\VSULRUWRWKHÀUVWGDWHVHW
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVXQGHU IRUWULDORQWKHIHORQ\FKDUJH7KHYDOLGLW\RI
256WKHVWDWHVKDOOSOHDGWKHSULRU the prior convictions shall be determined prior
convictions and shall prove the prior convic- WRWULDOE\WKHFRXUW
tions unless the defendant stipulates to that   $V XVHG LQ WKLV VHFWLRQ ´FRQYLFWLRQµ
IDFWSULRUWRWULDO,IWKHGHIHQGDQWVRVWLSXODWHV LQFOXGHVDMXYHQLOHDGMXGLFDWLRQ>F
DQGWKHWULDOLVE\MXU\ †F†@
(a) The court shall accept the stipulation
regardless of whether or not the state agrees SUSPENSION
to it;
(b) The defendant’s stipulation to the prior (For Conviction)
convictions constitutes a judicial admission to 813.400 Suspension or revocation upon
WKDWHOHPHQWRIWKHDFFXVDWRU\LQVWUXPHQW7KH
stipulation shall be made a part of the record
of the case, but shall not be offered or received
in the presence of the jury;
(c) For the purpose of establishing the prior
convictions solely as an element of the crime
XQGHU256QHLWKHUWKHFRXUWQRUWKH
state shall reveal to the jury the prior convic-
tions, but the prior convictions are established
in the record by the defendant’s stipulation;
and
Title 59 Page 289
conviction; duration; review. ([FHSW
as provided in subsection (2) of this section,
upon receipt of a record of conviction for mis-
GHPHDQRUGULYLQJZKLOHXQGHUWKHLQÁXHQFH
of intoxicants, the Department of Transporta-
tion shall suspend the driving privileges of the
SHUVRQFRQYLFWHG7KHVXVSHQVLRQVKDOOEHIRU
DSHULRGGHVFULEHGXQGHU6FKHGXOH,,RI256
H[FHSWWKHGHSDUWPHQWVKDOOQRWUHLQ-
state any driving privileges to the person until
the person complies with future responsibility
(2015 Edition)
 OREGON VEHICLE CODE
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UHYLHZXQGHU256RIDVXVSHQVLRQ
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(2) A person convicted of felony driving while
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convicted of misdemeanor driving while under
WKHLQÁXHQFHRILQWR[LFDQWVIRUDWKLUGRUVXEVH-
quent time, is subject to revocation of driving
SULYLOHJHVDVSURYLGHGLQ256>
this section, a hearing held by the depart-
ment under this section shall be subject to
the provisions for contested cases, other than
DSSHDOSURYLVLRQVXQGHU256FKDSWHU7KH
applicable appeal provisions are as provided
XQGHU256DQGVHFWLRQFKDSWHU
2UHJRQ/DZV1RWZLWKVWDQGLQJ256
WKHGHSDUWPHQWLVQRWUHTXLUHGWRJLYH
any notice of intent to suspend or suspension in
F†F†F DGGLWLRQWRWKDWSURYLGHGXQGHU256
†DF†DF†
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813.403>F†F†
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813.404>F†F†
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(Under Implied Consent Law)
813.410 Suspension upon receipt of
police report on implied consent test;
hearing; validity of suspension; appeal;
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, a hearing required by this section
LVVXEMHFWWRDOORIWKHIROORZLQJ
(a) The hearing shall be conducted by an
administrative law judge assigned from the
2IÀFHRI$GPLQLVWUDWLYH+HDULQJVHVWDEOLVKHG
XQGHU256
(b) The administrative law judge shall con-
duct the hearing by telephone or other two-way
HOHFWURQLFFRPPXQLFDWLRQGHYLFH
(c) The department may authorize the
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LQDQ\FDVH
rules. ,IWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
UHFHLYHVIURPDSROLFHRIÀFHUDUHSRUWWKDWLV
LQVXEVWDQWLDOFRPSOLDQFHZLWK256
the department shall suspend the driving priv-
ileges of the person in this state on the 30th
day after the date of arrest or, if the report
indicates that the person failed a blood test, on
WKHWKGD\DIWHUUHFHLSWRIWKHUHSRUWXQOHVV
(d) A person who requests a hearing under
this section and who fails, without just cause,
to appear personally or through an attorney
ZDLYHV WKH ULJKW WR D KHDULQJ ,I D SHUVRQ
waives a right to a hearing under this para-
graph, the department is not required to make
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at a hearing described under this section, the
department determines that the suspension
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A suspension of driving privileges imposed
under this subsection shall be for a period of
WLPHHVWDEOLVKHGXQGHU256
 H([FHSWDVSURYLGHGLQ256RU
XSRQUHPDQGXQGHU256WKHGHSDUW-
PHQWVKDOOKROGWKHKHDULQJDQGLVVXHDÀQDO
order within 30 days of the date of the arrest
RULIWKHSHUVRQIDLOVDEORRGWHVWZLWKLQ
days from the date the department received
WKHUHSRUWRIWKHIDLOXUH
 ,IWKHGHSDUWPHQWUHFHLYHVIURPDSROLFH
RIÀFHUDUHSRUWSXUVXDQWWR256DQG
the person holds commercial driving privileges
and the person was driving a motor vehicle
or commercial motor vehicle and refused to
VXEPLWWRDWHVWXQGHU256RUWKH
person was driving a commercial motor vehi-
cle and submitted to a breath or blood test and
the person’s blood, as shown by the test, had
SHUFHQWRUPRUHE\ZHLJKWRIDOFRKROWKH
department shall suspend the person’s com-
mercial driving privileges on the 30th day after
the date of arrest or, if the report indicates that
WKHSHUVRQIDLOHGDEORRGWHVWRQWKHWKGD\
after receipt of the report, unless, at a hearing
described under this section, the department
 I  ,Q FRQQHFWLRQ ZLWK WKH KHDULQJ WKH
department or its authorized representative
may administer oaths and shall issue sub-
poenas for the appearance of witnesses by
telephone or other two-way electronic commu-
nication device at the hearing requested by the
person or the department and the production
RIUHOHYDQWGRFXPHQWV
(g) The hearing shall be recorded by
whatever means may be determined by the
department and shall include testimony and
H[KLELWVLIDQ\7KHUHFRUGRIWKHSURFHHGLQJV
may not be transcribed unless requested by a
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determines that the suspension would not be
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driving privileges suspension imposed under
this subsection shall be for a period of time
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 D$SHUVRQRUDSROLFHRIÀFHUPD\UHTXHVW
that a hearing required by this section be con-
GXFWHGLQSHUVRQ
(b) The department, by rule, shall establish
the manner and time limitation requirements
 ,IZLWKLQGD\VIURPWKHGDWHRIDUUHVW
or, if the person fails a blood test, within 10
days from the date the department sends
notice of suspension, the department receives
a written request for a hearing from a person
whose driving privileges or commercial driv-
ing privileges the department proposes to
suspend under this section, the department
shall provide a hearing in accordance with this
VHFWLRQ([FHSWDVRWKHUZLVHSURYLGHGXQGHU
Title 59 Page 290
E\ ZKLFK D SHUVRQ RU D SROLFH RIÀFHU PD\
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(c) Unless there is an agreement between the
person and the department that the hearing
be conducted elsewhere, a hearing requested
under this subsection shall be held either in
the county where the alleged offense occurred
or at any place within 100 miles of the place
(2015 Edition)
 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

where the offense is alleged to have occurred, at a hearing requested under this section, a
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 G ,Q FRQQHFWLRQ ZLWK WKH KHDULQJ WKH order by the department after a hearing under
department or its authorized representative WKLVVHFWLRQE\ÀOLQJDSHWLWLRQ7KHIROORZLQJ
may administer oaths and shall issue sub- DSSO\WRWKLVVXEVHFWLRQ
poenas for the attendance of witnesses at  D7KHSHUVRQVKDOOÀOHWKHSHWLWLRQLQWKH
the hearing requested under this subsection circuit court for the county where the person
by the person and the production of relevant resides or, if the person does not reside in
GRFXPHQWV Oregon, in the circuit court of the county
 7KLVVXEVHFWLRQVKDOOEHQDUURZO\FRQ-
strued so as to effect the legislative purpose of
limiting the scope of hearings under this sec-
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shall be limited to whether the suspension is
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pension under this section is valid if all of the
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(a) The person, at the time the person was
requested to submit to a test under ORS
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(b) The police had reasonable grounds to
believe, at the time the request was made, that
the person arrested had been driving under
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(c) The person refused a test under ORS
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test disclosed that the level of alcohol in the
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in which the arrest took place within 30
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(b) The court upon receipt of the petition
shall set the matter for hearing upon 10 days’
notice to the department and the petitioner
unless hearing is waived by both the depart-
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consent hearing. Notwithstanding ORS
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actively involved in the investigation of the
offense may present evidence, examine and
cross-examine witnesses and make arguments
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(1) The application of statutes and rules to
 $SHUFHQWRUPRUHE\ZHLJKWLIWKH the facts in the case;
person was not driving a commercial motor
vehicle; (2) The literal meaning of the statutes or
rules at issue in the case;
 %SHUFHQWRUPRUHE\ZHLJKWLIWKH
person was driving a commercial motor vehi-
cle; or
(C) Any amount if the person was under 21
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(3) The admissibility of evidence; and
(4) Proper procedures to be used in the hear-
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cates that the person was driving a commercial
motor vehicle, the vehicle was in fact a commer-
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(e) The person had been informed under
256RIULJKWVDQGFRQVHTXHQFHVDV
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(f) The person was given written notice
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Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
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See Preface to Oregon Revised Statutes for
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813.420 Duration of suspension for
refusal or failure of test. When the Depart-
ment of Transportation imposes a suspension
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for a period of time determined according to
 J,IWKHSHUVRQDUUHVWHGVXEPLWWHGWRDWHVW WKHIROORZLQJ
XQGHU256WKHSHUVRQDGPLQLVWHULQJ  ,IWKHVXVSHQVLRQLVIRUUHIXVDORIDWHVW
WKHWHVWZDVTXDOLÀHGWRDGPLQLVWHUWKHWHVW XQGHU256DQGWKHSHUVRQLVQRWVXE-
XQGHU256 ject to an increase in the suspension time for
 K,IWKHSHUVRQDUUHVWHGVXEPLWWHGWRDWHVW UHDVRQVGHVFULEHGLQ256WKHVXV-
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and equipment used in the test complied with
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(7) A suspension imposed under this sec-
tion shall remain in effect pending any appeal
RUUHPDQGRIDÀQDORUGHULVVXHGXQGHUWKLV
 ,IWKHVXVSHQVLRQLVIRUUHIXVDORIDWHVW
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an increase in the suspension time for reasons
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section and there shall be no stay of the sus-
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(8) Unless a person fails, without just cause,
to appear personally or through an attorney
 ,IWKHVXVSHQVLRQLVEHFDXVHDEUHDWKRU
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the person had a level of alcohol in the person’s
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HQFHRILQWR[LFDWLQJOLTXRUXQGHU256

Title 59 Page 291 (2015 Edition)

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and the person is not subject to an increase SULRUFRQYLFWLRQ>F†F

in the suspension time for reasons described †F†F†@
LQ256WKHVXVSHQVLRQVKDOOEHIRUD 813.440 Grounds for hearing on validity
SHULRGRIGD\V of suspension; rules. (1) Notwithstanding
 ,IWKHVXVSHQVLRQLVEHFDXVHDEUHDWKRU
EORRGWHVWXQGHU256GLVFORVHGWKDW
the person had a level of alcohol in the person’s
EORRGWKDWFRQVWLWXWHGEHLQJXQGHUWKHLQÁX-
HQFHRILQWR[LFDWLQJOLTXRUXQGHU256
and the person is subject to an increase in the
256WKH'HSDUWPHQWRI7UDQVSRUWD-
tion may provide a hearing to determine the
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only if the time requirements under ORS
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suspension time for reasons described in ORS
WKHVXVSHQVLRQVKDOOEHIRUDSHULRGRI
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813.430 Grounds for increase in dura-
tion of suspension. This section establishes
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requires an increase in the time for suspen-
sion of driving privileges and under which ORS
 D7KHSHUVRQ·VSK\VLFDOLQFDSDFLW\YHULÀHG
by a physician to the satisfaction of the depart-
ment to be of a nature that would prevent the
person from making the appropriate request
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(b) A death in the immediate family of
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the Department of Transportation may issue
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increase in suspension time under this section
LIDQ\RIWKHIROORZLQJDSSO\ ment shall set forth by rule the conditions that
(1) The person is presently participating in
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cants diversion program in this state or in any
similar alcohol or drug rehabilitation program
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 F$QHUURURIWKHGHSDUWPHQW
(d) The inability of a subpoenaed police
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may not be rescheduled more than once for
UHDVRQVGHVFULEHGLQWKLVSDUDJUDSK
(e) A request for a change of administrative
ODZMXGJHXQGHU256
 :LWKLQWKHÀYH\HDUVSUHFHGLQJWKHGDWH (f) The inability of the person’s attorney to
RIDUUHVWDQ\RIWKHIROORZLQJRFFXUUHG appear due to the attorney’s illness, vacation or
(a) A suspension of the person’s driving priv- VFKHGXOLQJFRQÁLFWDULVLQJIURPRWKHUFRXUWRU
LOHJHVXQGHU256RU DGPLQLVWUDWLYHKHDULQJDSSHDUDQFHV$KHDU-
5HSODFHPHQW3DUWEHFDPHHIIHFWLYH ing must be rescheduled no later than 45 days
after the date of the original hearing and may
 E7KHSHUVRQZDVFRQYLFWHGRI not be rescheduled more than once for reasons
 $'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI GHVFULEHGLQWKLVSDUDJUDSK
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(ii) The statutory counterpart to ORS (2) A hearing held under this section is sub-
LQDQRWKHUMXULVGLFWLRQRU ject to the same provisions as a hearing held
(iii) A municipal ordinance in this state or XQGHU256H[FHSWWKDWWKHGHSDUW-
another jurisdiction; ment is not required to hold the hearing and
make the determination within the time
 %$GULYLQJXQGHUWKHLQÁXHQFHRILQWR[-
icants offense in another jurisdiction that
involved the impaired driving of a vehicle due
to the use of intoxicating liquor, a controlled
substance, an inhalant or any combination
thereof; or
(C) A driving offense in another jurisdiction
that involved operating a vehicle while having
a blood alcohol content above that jurisdiction’s
SHUPLVVLEOHEORRGDOFRKROFRQWHQW
(c) The person commenced participating in
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cants diversion program in this state or in any
similar alcohol or drug rehabilitation program
LQWKLVRUDQRWKHUMXULVGLFWLRQ
(3) For the purposes of subsection (2)(b) of
this section, a conviction for a driving offense
in another jurisdiction based solely on a person
under 21 years of age having a blood alcohol
content that is lower than the permissible blood
alcohol content in that jurisdiction for a person
UHTXLUHGE\256
(3) The granting of a hearing under this
section shall not delay the imposition of a sus-
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person establishes that the person was deprived
by either department error or a subpoenaed
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a hearing, the department shall rescind the
suspension and shall promptly schedule a sub-
sequent hearing to determine the validity of
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cases under this section, when the department
is unable to hold the hearing within the time
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rescind any suspension imposed under ORS
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at a hearing held under this section, that the
suspension was not valid as described under
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21 years of age or older does not constitute a  7KHIROORZLQJDSSO\WRWKLVVHFWLRQ

Title 59 Page 292 (2015 Edition)

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 D7KHGHSDUWPHQWVKDOOLVVXHDÀQDORUGHU made by an agency that are subject to ORS

within 10 days after the hearing described in   > F †  F
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pension under subsection (3) of this section and
if the department, at the hearing described
in this section, determines that the suspen-
VLRQLVYDOLGDVGHVFULEHGXQGHU256
the department shall reinstate the suspen-
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813.460 Department procedures upon
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ileges of wrong person. ,IWKH'HSDUWPHQWRI
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it has suspended the driving privileges of the
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tional notice or order of suspension need be
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813.450 Appeal from suspension for
refusal or failure of breath test. (1) The
petition to the circuit court appealing an order
of the Department of Transportation after a
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nature of the petitioner’s interest and the
WLPHRIWKHDUUHVWDOOWKHIROORZLQJDSSO\
(1) The department shall immediately
rescind the suspension order under the false
name and shall issue a suspension order for the
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(2) The department shall issue the order in
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(3) No further notice of suspension need be
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ground or grounds upon which the petitioner
contends the order should be reversed or
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(2) The court shall conduct the review with-
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RIWKHGHSDUWPHQW·VKHDULQJ
(3) Any party to the proceedings before the
circuit court may appeal from the judgment of
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(4) Upon review in the circuit court and
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RUUHPDQGWKHRUGHUDVIROORZV pended because a breath or blood test under
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(2), (3) and (4)(e) do not apply to a suspension
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813.470 Department notation on record
of person acquitted after suspension. The
Department of Transportation shall make a
notation on the driving record of a person
indicating that the person was acquitted of a
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(1) The person’s driving privileges were sus-
 D,IWKHFRXUWÀQGVWKDWWKHGHSDUWPHQW 256GLVFORVHGWKDWWKHSHUVRQKDGD
has erroneously interpreted a provision of law level of alcohol in the person’s blood that consti-
and that a correct interpretation compels a WXWHGEHLQJXQGHUWKHLQÁXHQFHRILQWR[LFDWLQJ
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(A) Set aside or modify the order; or
(B) Remand the case to the department for
further action under a correct interpretation
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(b) The court shall remand the order to the
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RIGLVFUHWLRQWREHDQ\RIWKHIROORZLQJ (3) The person was acquitted of the charge;
(A) Outside the range of discretion delegated
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charging the person with driving under the
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led to the suspension of the person’s driving
privileges;
and
(4) The person presents the department with
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department practice, if the inconsistency is not
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(C) Otherwise in violation of a constitutional
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(c) The court shall set aside or remand the
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from the court clearly showing the location of
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HARDSHIP PERMITS
813.500 Restrictions on issuance. (1)
,IDSHUVRQ·VOLFHQVHLVVXVSHQGHGIRUGULY-
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
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ground for setting aside, modifying or remand-
ing to the department under a specified
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the Department of Transportation may only
issue a hardship permit to the person under
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 ,QDQ\UHYLHZXQGHUWKLVVHFWLRQWKH FDEOHUHTXLUHPHQWVXQGHU256DQG
court shall also review de novo determinations 

Title 59 Page 293 (2015 Edition)

 OREGON VEHICLE CODE

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Authority to determine whether the person has
a problem condition involving alcohol, inhal-
ants or controlled substances as described in
256DQG
(b) Complies with the requirements of this
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(1) A hardship permit issued to the person
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(a) To the times, places, routes and days
the department determines to be minimally
necessary for the person to seek or retain
employment, to attend any alcohol or drug
treatment or rehabilitation program or to
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person has a problem condition involving
alcohol, inhalants or controlled substances,
DVGHVFULEHGLQ256WKHGHSDUWPHQW
may issue the permit to the person only if both
WKHIROORZLQJDSSO\ (2) The person’s driving privileges under the
(a) The person enrolled in a program for
rehabilitation for alcoholism or drug depen-
GHQFHDSSURYHGE\WKHDXWKRULW\
(b) The authority recommends, on the basis
of the person’s progress in the rehabilitation
obtain required medical treatment for the
person or a member of the person’s immediate
family; and
(b) To times, places, routes and days that
DUHVSHFLÀFDOO\VWDWHG
permit are subject to suspension or revocation
if the person does not maintain a good driv-
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rules of the department, during the term of
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program, such reinstatement in writing to the
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mendation under this paragraph, the authority
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the times, places, routes and days of the week
minimally necessary for the person to seek or
retain employment, to attend any alcohol or
drug treatment or rehabilitation program or
 ,IWKHSHUVRQLVLQDUHKDELOLWDWLRQSUR-
JUDPXQGHU256WKHSHUVRQPXVW
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(4) The department may require the person
to complete a driver improvement program
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to obtain necessary medical treatment for the  ,IWKHSHUVRQLVLQYROYHGLQDGLYHUVLRQ
person or a member of the person’s immediate DJUHHPHQWXQGHU256DQG
IDPLO\ the department may require the person to suc-
cessfully complete the diversion program as a
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person does not have a problem condition
involving alcohol, inhalants or controlled   7KH GHSDUWPHQW VKDOO FRQGLWLRQ WKH
VXEVWDQFHVDVGHVFULEHGLQ256WKH permit so that the permit will be revoked if
department may issue the permit to the person WKHSHUVRQLVFRQYLFWHGRIDQ\RIWKHIROORZLQJ
only if, in addition to any requirements under  D5HFNOHVVGULYLQJXQGHU256
256WKHSHUVRQHQWHUVDQDOFRKRORU
drug information program approved by the
authority and the department determines
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the department issues a permit to a person
described in this subsection, the department
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person complete the program as a condition of
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813.510 Limitations on privileges
granted by permit; conditions of permit.
This section establishes limitations that the
Department of Transportation is required
or permitted to place on hardship permits
LVVXHGXQGHU256WRSHUVRQVZKRVH
suspension is based upon a conviction for driv-
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256/LPLWDWLRQVSODFHGRQDKDUGVKLS
permit under this section are in addition to
any limitations placed on the permit under
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suspension or revocation as provided under
256LIWKHGHSDUWPHQWGHWHUPLQHV
that the holder of the permit has violated any
limitation placed upon the permit under this
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WLRQLVSXQLVKDEOHDVSURYLGHGE\256
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WKHIROORZLQJ department refused to issue a hardship permit
 E'ULYLQJXQGHUWKHLQÁXHQFHRILQWR[L-
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(c) Failure to perform the duties of a driver
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(d) Fleeing or attempting to elude a police
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(e) Driving while suspended or revoked
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813.520 Limitations on authority to
issue hardship permit or reinstate driv-
ing privileges. ,QDGGLWLRQWRDQ\SURYLVLRQV
RI256DQGRUWKLV
section establishes limitations on the author-
ity of the Department of Transportation to
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The department may not reinstate any driv-
ing privileges or issue any hardship permit
XQGHU256DVSURYLGHGXQGHUDQ\RI
WKHIROORZLQJ
(1) For a period of 90 days after the begin-
ning of the suspension if the suspension is
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the person is not subject to an increase in the
time before a permit may be issued for rea-
VRQVGHVFULEHGLQ2567KLVSHULRG
of 90 days shall be reduced by the time the
XQGHUVXEVHFWLRQRURIWKLVVHFWLRQLI

Title 59 Page 294 (2015 Edition)

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the person’s driving privileges were suspended
EDVHGRQWKHVDPHRFFXUUHQFH
(2) For a period of 30 days after the begin-
ning of the suspension if the suspension is
because a breath or blood test under ORS
GLVFORVHGWKDWWKHSHUVRQKDGDOHYHO
of alcohol in the person’s blood that constituted
EHLQJXQGHUWKHLQÁXHQFHRILQWR[LFDWLQJOLTXRU
XQGHU256DQGWKHSHUVRQLVQRWVXE-
ject to an increase in the time before a hardship
permit may be issued for reasons described in
2567KLVSHULRGRIGD\VVKDOOEH
reduced by the time the department refused
to issue a hardship permit under subsection
 ,IWKHVXVSHQVLRQLVEDVHGXSRQDFRQ-
YLFWLRQIRUDYLRODWLRQRI256RULV
LPSRVHGXQGHU256EDVHGXSRQ256
WRDSHUVRQZKRKDVDYDLODEOHSXEOLF
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the person’s transportation needs while the
SHUVRQLVVXVSHQGHG
(9) For a period of 30 days following impo-
sition of suspension, if the person, within the
previous year, has been convicted of a traf-
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FRQYLFWLRQIRUYLRODWLRQRI256RULV
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privileges were suspended based on the same
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(3) For a period of one year after the begin-
ning of the suspension if the suspension is
because a breath or blood test under ORS
GLVFORVHGWKDWWKHSHUVRQKDGDOHYHO
of alcohol in the person’s blood that constituted
EHLQJXQGHUWKHLQÁXHQFHRILQWR[LFDWLQJOLTXRU
XQGHU256DQGWKHSHUVRQLVVXEMHFW
to an increase in the time before a hardship
permit may be issued for reasons described
XQGHU2567KLVSHULRGRIRQH\HDU
shall be reduced by the time the department
refused to issue a hardship permit under sub-
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IGNITION INTERLOCK DEVICES
813.600 Ignition interlock program;
rules. (1) The Department of Transportation,
in consultation with the Transportation Safety
Committee, shall establish a program for the
use of ignition interlock devices by persons
FRQYLFWHGRIGULYLQJZKLOHXQGHUWKHLQÁXHQFH
of intoxicants and granted hardship permits
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driving privileges were suspended based on
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(4) For a period of three years after the
beginning of the suspension if the suspension
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the person is subject to an increase in the time
before a hardship permit may be issued for
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of three years shall be reduced by the time the
department refused to issue a hardship permit
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(2) The department shall adopt rules that
specify requirements for ignition interlock
devices that may be used and shall publish a
OLVWRIGHYLFHVWKDWPHHWWKHUHTXLUHPHQWV7KH
OLVWPD\LQFOXGHGHYLFHVWKDW
(a) Do not impede the safe operation of the
vehicle;
(b) Have the fewest opportunities to be
bypassed;
XQGHUVXEVHFWLRQRURIWKLVVHFWLRQLI
the person’s driving privileges were suspended
EDVHGRQWKHVDPHRFFXUUHQFH
(5) For a period of 90 days after the begin-
QLQJRIWKHVXVSHQVLRQXQGHU256LI
it is the person’s second conviction for driv-
LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLI
the suspension period is determined by ORS
(c) Correlate well with established measures
of alcohol impairment;
(d) Work accurately and reliably in an unsu-
pervised environment;
(e) Require a deep lung breath sample or
other accurate measure of blood alcohol content
equivalence;
E7KLVSHULRGRIGD\VVKDOOEH (f) Resist tampering and give evidence if
reduced by the time the department refused tampering is attempted;
to issue a hardship permit under subsection
(1), (2), (3) or (4) of this section if the person’s  J$UHGLIÀFXOWWRFLUFXPYHQWDQGUHTXLUH
driving privileges were suspended based on premeditation to do so;
WKHVDPHRFFXUUHQFH (h) Minimize inconvenience to a sober user;
 )RUDSHULRGRIRQH\HDUDIWHUWKHEHJLQ- (i) Operate reliably over the range of
QLQJRIWKHVXVSHQVLRQXQGHU256IRU automobile environments or automobile man-
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L- ufacturing standards;
cants if the suspension period is determined
E\256F7KLVSHULRGRIRQH\HDU (j) Are manufactured by a party who is ade-
shall be reduced by the time the department quately insured for product liability; and
refused to issue a hardship permit under sub-
section (1), (2), (3) or (4) of this section if the
person’s driving privileges were suspended
EDVHGRQWKHVDPHRFFXUUHQFH
(7) To any person who has a mental or
physical condition or impairment that affects
the person’s ability to safely operate a motor
YHKLFOH
 N +DYH D ODEHO DIÀ[HG LQ D SURPLQHQW
location warning that any person tampering
with, circumventing or otherwise misusing the
GHYLFHLVVXEMHFWWRFLYLOSHQDOW\>F
†F†F†F
†@

Title 59 Page 295 (2015 Edition)

 OREGON VEHICLE CODE

813.602 Circumstances under which
ignition interlock device required;
exemptions; rules. (1) Subject to subsection
(2) of this section, when a person is convicted of
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
LQYLRODWLRQRI256RURIDPXQLFLSDO
ordinance, the Department of Transportation,
in addition to any other requirement, shall
require that the person have installed and be
using an approved ignition interlock device in
DQ\YHKLFOHRSHUDWHGE\WKHSHUVRQ UHTXLUHGXQGHU256RUDQG
(a) Before the person is eligible for a hard-
VKLSSHUPLW7KHUHTXLUHPHQWLVDFRQGLWLRQ
of the hardship permit for the duration of the
KDUGVKLSSHUPLW
(i) The person submitted to a chemical test
of the person’s breath or blood as required
XQGHU256DQGWKHWHVWGLVFORVHGD
EORRGDOFRKROFRQWHQWRISHUFHQWRUPRUH
by weight;
(ii) The person refused to submit to a chem-
ical test of the person’s breath or blood; or
(iii) The person submitted to a chemical
test of the person’s breath, blood or urine as
the test disclosed a blood alcohol content of
PRUHWKDQSHUFHQWE\ZHLJKWEXWOHVVWKDQ
SHUFHQWE\ZHLJKWDQGGLVFORVHGWKHSUHV-
HQFHRIDFRQWUROOHGVXEVWDQFHRUDQLQKDODQW
(B) The court may require that an approved
 E)RUDÀUVWFRQYLFWLRQIRURQH\HDUDIWHU
the ending date of the suspension or revoca-
WLRQFDXVHGE\WKHFRQYLFWLRQ9LRODWLRQRIWKH
condition imposed under this paragraph is a
&ODVV$WUDIÀFYLRODWLRQ
(c) For a second or subsequent conviction,
for two years after the ending date of the sus-
SHQVLRQRUUHYRFDWLRQFDXVHGE\WKHFRQYLFWLRQ
ignition interlock device be installed and used
in any vehicle operated by the person during
the period of the agreement when the person
has driving privileges if the person submitted
to a chemical test of the person’s breath, blood
RUXULQHDVUHTXLUHGXQGHU256RU
DQGWKHWHVWGLVFORVHGDEORRGDOFRKRO
FRQWHQWEHORZSHUFHQWE\ZHLJKW
Violation of the condition imposed under this
SDUDJUDSKLVD&ODVV$WUDIÀFYLRODWLRQ
(2) When a person is convicted of a crime or
multiple crimes as described in this subsec-
tion, the department, in addition to any other
requirement, shall require that the person
have installed and be using an approved igni-
tion interlock device in any vehicle operated by
WKHSHUVRQIRUÀYH\HDUVDIWHUWKHHQGLQJGDWH
of the longest running suspension or revocation
FDXVHGE\DQ\RIWKHFRQYLFWLRQV9LRODWLRQRI
the condition imposed under this subsection is
D&ODVV$WUDIÀFYLRODWLRQ$SHUVRQLVVXEMHFW
to this subsection when the person is convicted
RI DQ\YHKLFOH
 E,QDGGLWLRQWRDQ\DFWLRQWDNHQXQGHU
256  YLRODWLRQ RI WKH FRQGLWLRQ
imposed under this subsection is a Class A
WUDIÀFYLRODWLRQ
(c) A court may exempt a person from the
condition in a diversion agreement to have
installed and be using an ignition interlock
device if the court determines that the person
meets the requirements for a medical exemp-
tion in accordance with rules adopted by the
GHSDUWPHQW XQGHU WKLV VHFWLRQ $ SHUVRQ
granted a medical exemption under this
paragraph shall carry proof of the medical
exemption with the person while operating
 D'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI (4) The department shall adopt rules permit-
LQWR[LFDQWVLQYLRODWLRQRI256RURI ting medical exemptions from the requirements
a municipal ordinance and any of the following of installation and use of an ignition interlock
FULPHVDVSDUWRIWKHVDPHFULPLQDOHSLVRGH GHYLFHXQGHUWKLVVHFWLRQ
 $$Q\GHJUHHRIPXUGHU (5) When a person is required to install an
 % 0DQVODXJKWHU LQ WKH ÀUVW RU VHFRQG ignition interlock device under subsection (2)
GHJUHH of this section, the provider of the device shall
 &&ULPLQDOO\QHJOLJHQWKRPLFLGH provide notice of any installation or removal
of the device or any tampering with the device
 '$VVDXOWLQWKHÀUVWGHJUHH WR
 E$JJUDYDWHGYHKLFXODUKRPLFLGH (a) The supervising court or to the court’s
 F'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVLQYLRODWLRQRI256RURI
a municipal ordinance and the person’s driv-
LQJSULYLOHJHVDUHUHYRNHGXQGHU256
(1)(b) and later ordered restored under ORS
designee, including but not limited to an
DJHQF\RURUJDQL]DWLRQFHUWLÀHGE\WKH2UHJRQ
+HDOWK$XWKRULW\XQGHU256DQG
(b) The district attorney or the city prosecu-
WRU>F†F†F
 †F†F†F
 D([FHSWDVSURYLGHGLQSDUDJUDSKF †F†F†F†
of this subsection, as a condition of a driving F†F†F†
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU- F†F†F†@
VLRQDJUHHPHQW 813.603 Waiver of costs of ignition inter-
(A) The court shall require that an approved lock device; rules. ([FHSWDVSURYLGHG
ignition interlock device be installed and used in subsection (2) of this section, if an ignition
in any vehicle operated by the person during interlock device is ordered or required under
the period of the agreement when the person 256WKHSHUVRQVRRUGHUHGRUUHTXLUHG
KDVGULYLQJSULYLOHJHVLI shall pay to the provider the reasonable costs of
OHDVLQJLQVWDOOLQJDQGPDLQWDLQLQJWKHGHYLFH

Title 59 3DJH (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

A payment schedule may be established for the
SHUVRQE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(2) The department may waive, in whole or
in part, or defer the person’s responsibility to
pay all or part of the costs under subsection
(1) of this section if the person meets the cri-
teria for indigence established for waiving or
deferring such costs under subsection (3) of
WKLVVHFWLRQ,IWKHSHUVRQ·VUHVSRQVLELOLW\IRU
costs is waived, then notwithstanding ORS
following suspension or revocation for the
HPSOR\HH·VÀUVWFRQYLFWLRQRIGULYLQJZKLOH
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV
(c) That the employee is operating on a
fully reinstated license within the second
year following suspension or revocation for
the employee’s second or subsequent convic-
WLRQRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
intoxicants; or
(d) That the employee has driving privileges
WKHFRVWVGHVFULEHGLQVXEVHFWLRQRI and is otherwise required to install an igni-
WKLVVHFWLRQPXVWEHSDLGIURPWKH,QWR[LFDWHG tion interlock device as a condition of a driving
'ULYHU3URJUDP)XQG ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
(3) The department, by rule, shall estab- sion agreement; and
OLVKFULWHULDDQGSURFHGXUHVIRUTXDOLÀFDWLRQWR  7KHHPSOR\HHKDVSURRIRIWKHQRWLÀFDWLRQ
waive or defer costs described under subsection and, if applicable, a fully reinstated license in
RIWKLVVHFWLRQIRULQGLJHQFH7KHFULWHULD
must be consistent with the standards for
indigence adopted by the federal government
for purposes of the Supplemental Nutrition
$VVLVWDQFH3URJUDP>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 813 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
813.604 Notice of court order; notation
on hardship permit; rules. (1) When a court
orders installation of an ignition interlock
GHYLFHSXUVXDQWWR256WKHFRXUW
shall send a copy of the order to the Depart-
PHQWRI7UDQVSRUWDWLRQ7KHGHSDUWPHQWVKDOO
note the requirement on the driving record of
WKHSHUVRQUHTXLUHGWRLQVWDOOWKHGHYLFH
(2) The department may not issue a hardship
SHUPLWXQGHU256WRDQ\SHUVRQZKR
is ordered to install an ignition interlock device
on the person’s vehicle until the person fur-
nishes the department satisfactory proof that
the device has been installed on any vehicle
RZQHGRURSHUDWHGE\WKHSHUVRQ7KHGHSDUW-
ment shall determine by rule what constitutes
VDWLVIDFWRU\SURRIXQGHUWKLVVXEVHFWLRQ
(3) When the department issues a hardship
permit to a person who is required to have an
ignition interlock device, the department shall
QRWHRQWKHSHUPLWWKDWWKHGHYLFHLVUHTXLUHG
The notation constitutes a limitation on the
permit and a person who violates the limitation
LVSXQLVKDEOHDVSURYLGHGLQ256IRU
FULPLQDOGULYLQJZKLOHVXVSHQGHGRUUHYRNHG
>F†F†F†@
813.606 Exception for employee
otherwise required to have device. Not-
ZLWKVWDQGLQJ 256  LI D SHUVRQ LV
required, in the course and scope of the per-
son’s employment, to operate a motor vehicle
owned by the person’s employer, the person
may operate that vehicle without installation
RIDQLJQLWLRQLQWHUORFNGHYLFHLI commits the offense of unlawfully blowing into
the possession of the employee while operating
the employer’s vehicle in the course of employ-
PHQW>F†F†F
†F†F†@
Note6HHQRWHXQGHU
813.608 Knowingly furnishing motor
vehicle without ignition interlock device;
penalty. (1) A person commits the offense of
knowingly furnishing a motor vehicle without
an ignition interlock device to someone who
is not authorized to drive such a vehicle if the
person rents, leases, lends or otherwise fur-
nishes a motor vehicle to someone the person
knows to have been ordered or required under
256WRLQVWDOODQLJQLWLRQLQWHUORFN
device, and the motor vehicle is not equipped
ZLWKVXFKDGHYLFHWKDWLVLQZRUNLQJRUGHU
(2) The offense described in this section,
knowingly furnishing a motor vehicle without
an ignition interlock device to someone who
is not authorized to drive such a vehicle, is a
&ODVV$WUDIÀFYLRODWLRQ>F†
F†@
813.610 Soliciting another to blow into
ignition interlock device; penalty. (1) A
person commits the offense of unlawfully solic-
iting another to blow into an ignition interlock
device or start a motor vehicle equipped with
an ignition interlock device if the person has
such a device as a result of an order or require-
PHQW XQGHU 256  DQG WKH SHUVRQ
requests or solicits another to blow into the
device or start the motor vehicle so as to cir-
FXPYHQWWKHGHYLFH
(2) The offense described in this section,
unlawfully soliciting another to blow into an
ignition interlock device or start a motor vehi-
cle equipped with an ignition interlock device,
LVD&ODVV$WUDIÀFYLRODWLRQ>F†
F†@
813.612 Unlawfully blowing into igni-
tion interlock device; penalty. (1) A person
an ignition interlock device or starting a motor
 7KHHPSOR\HUKDVEHHQQRWLÀHG vehicle equipped with an ignition interlock
(a) That the employee is operating with a device if, for the purpose of providing an oper-
hardship permit restricted as provided in ORS able motor vehicle for someone required under
 256WRKDYHVXFKDGHYLFHWKHSHUVRQ
(b) That the employee is operating on a blows into an ignition interlock device or starts
IXOO\UHLQVWDWHGOLFHQVHZLWKLQWKHÀUVW\HDU DQDXWRPRELOHHTXLSSHGZLWKWKHGHYLFH

Title 59 Page 297 (2015 Edition)

 OREGON VEHICLE CODE

(2) This section does not apply to a person ignition interlock device, the suspension con-
who is required to have an ignition interlock WLQXHVXQWLO
device and who blows into or starts the person’s (a) One year after the ending date of the
RZQYHKLFOHWKDWLVVRHTXLSSHG VXVSHQVLRQUHVXOWLQJIURPWKHÀUVWFRQYLFWLRQ
(3) The offense described in this section,
unlawfully blowing into an ignition interlock
device or starting a motor vehicle equipped
with an ignition interlock device, is a Class A
WUDIÀFYLRODWLRQ>F†@
813.614 Tampering with ignition inter-
lock device; penalty. (1) A person commits
 E([FHSWDVSURYLGHGLQSDUDJUDSKFRI
this subsection, two years after the ending date
of the suspension resulting from a second or
subsequent conviction; or
(c) Five years after the ending date of the
longest running suspension or revocation
resulting from a conviction described in ORS
the offense of tampering with an ignition inter-
lock device if the person does anything to a
device that was ordered installed pursuant to
256WKDWFLUFXPYHQWVWKHRSHUDWLRQ
RIWKHGHYLFH
(2) The offense described in this section,
tampering with an ignition interlock device,
LVD&ODVV$WUDIÀFYLRODWLRQ>F†@
813.616 Use of certain moneys to pay for
ignition interlock program. Notwithstand-
LQJ256PRQH\VLQWKH,QWR[LFDWHG
Driver Program Fund may be used to pay for
administration and evaluation of the ignition
LQWHUORFNSURJUDPHVWDEOLVKHGE\256
WRDQGIRUWKHFRVWVRISDUWLFLSDWLRQLQ
WKHSURJUDPIRULQGLJHQWV>F†
F†@
813.620 Suspension of driving privi-
leges for failing to provide proof of device
installation or for tampering with device.
(1) At the end of the suspension or revocation
resulting from a conviction for driving while

(4) A person whose driving privileges or
right to apply for privileges is suspended
under subsection (1) of this section is entitled
to administrative review, as described in ORS
>F†F†@
813.630 Notice of ignition interlock
device installation and negative reports;
rules. (1)(a) As used in this section, “negative
UHSRUWµLQFOXGHVDUHSRUWRIWDPSHULQJZLWK
an ignition interlock device, unauthorized
removal of an ignition interlock device, lock-
out or a test violation recorded by an ignition
LQWHUORFNGHYLFH
(b) The Department of Transportation may
E\UXOHIXUWKHUGHÀQHZKDWFRQVWLWXWHVDWHVW
YLRODWLRQ
(2) This section applies only to a person who
has had an ignition interlock device installed
as a condition of a driving while under the
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQ
RI256RURIDPXQLFLSDORUGLQDQFH
the Department of Transportation shall sus-
pend the driving privileges or right to apply
for driving privileges of a person who has not
submitted proof to the department that an igni-
tion interlock device has been installed in any
vehicle operated by the person or who tampers
with an ignition interlock device after it has
EHHQLQVWDOOHG
XQGHU256
(3) After an ignition interlock device is
installed, the provider that installed the device
VKDOOQRWLI\
(a) The court that required the device to
be installed or the court’s designee, including
but not limited to an agency or organization
FHUWLÀHGE\WKH2UHJRQ+HDOWK$XWKRULW\XQGHU
256DQG
 6XEMHFWWR256LIWKHGHSDUW-
ment imposes a suspension under subsection
(1) of this section for failing to submit proof of
installation, the suspension continues until
the department receives proof that the igni-
 E7KHGLVWULFWDWWRUQH\RUFLW\SURVHFXWRU
(4) Notice of the installation must be given
within seven business days of installing the
LJQLWLRQLQWHUORFNGHYLFH
WLRQLQWHUORFNGHYLFHKDVEHHQLQVWDOOHG,IWKH  (DFKWLPHDSURYLGHUKDVDFFHVVWRDQ
department does not receive proof that the igni- ignition interlock device that the provider
tion interlock device has been installed, the installed, the provider shall download all
VXVSHQVLRQVKDOOFRQWLQXHIRU UHSRUWVUHFRUGHGRQWKHGHYLFH,IWKHSURYLGHU
downloads a negative report, the provider
(a) One year after the ending date of the shall submit the negative report, in a form
VXVSHQVLRQUHVXOWLQJIURPWKHÀUVWFRQYLFWLRQ SUHVFULEHGE\UXOHE\WKHGHSDUWPHQWWR
 E([FHSWDVSURYLGHGLQSDUDJUDSKFRI
this subsection, two years after the ending date
of the suspension resulting from a second or
subsequent conviction; or
(c) Five years after the ending date of the
(a) The court that required the device to
be installed or the court’s designee, including
but not limited to an agency or organization
FHUWLÀHGE\WKH2UHJRQ+HDOWK$XWKRULW\XQGHU
256DQG
longest running suspension or revocation  E7KHGLVWULFWDWWRUQH\RUFLW\SURVHFXWRU
resulting from a conviction described in ORS
  7KHSURYLGHUVKDOOVXEPLWDQHJDWLYH
report as provided in subsection (5) of this
 6XEMHFWWR256LIWKHGHSDUW- section within seven business days of down-
ment imposes a suspension under subsection ORDGLQJWKHUHSRUW>F†@
(1) of this section for tampering with an

Title 59 Page 298 (2015 Edition)

 '5,9,1*81'(57+(,1)/8(1&(2),172;,&$176
 

NoteDQGZHUH
added to and made a part of the Oregon Vehicle
Code by legislative action but were not added
WR256FKDSWHURUDQ\VHULHVWKHUHLQ6HH
Preface to Oregon Revised Statutes for further
H[SODQDWLRQ
813.635 Consequence for negative
reports generated from ignition inter-
lock device; rules. (1)(a) As used in this
VHFWLRQ´QHJDWLYHUHSRUWµLQFOXGHVDUHSRUWRI
tampering with an ignition interlock device,
unauthorized removal of an ignition interlock
device, lockout or a test violation recorded by
DQLJQLWLRQLQWHUORFNGHYLFH
(b) The Department of Transportation may
E\UXOHIXUWKHUGHÀQHZKDWFRQVWLWXWHVDWHVW
YLRODWLRQ
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
GHVFULEHGLQ256ZDVHQWHUHGIRU
an order vacating the requirement to install
and use an ignition interlock device if the
GHIHQGDQW
(a) Has complied with the condition of the
GLYHUVLRQDJUHHPHQWGHVFULEHGLQ256
(3) for at least six consecutive months and
SURYLGHVDFHUWLÀFDWHWRWKHFRXUWIURPWKH
ignition interlock device provider stating that
the device has not recorded a negative report;
and
(b) The defendant has entered into and is in
compliance with any treatment program that
the person is required to participate in as a
FRQGLWLRQRIGLYHUVLRQ
(3) The defendant shall cause to be served on
 1RWZLWKVWDQGLQJ256E the district attorney or city prosecutor a copy
or (c), (2) or (3), the requirement to have an of the motion for an order vacating the require-
ignition interlock device installed in a vehi- ment to install and use an ignition interlock
cle continues until the person submits to the
GHSDUWPHQW D FHUWLÀFDWH IURP WKH LJQLWLRQ
interlock device provider stating that the
device did not record a negative report for the
last 90 consecutive days of the required instal-
ODWLRQSHULRG7KHGHSDUWPHQWVKDOOUHPRYHWKH
GHYLFHXQGHU2567KHFRS\RIWKH
motion shall be served on the district attorney
RUFLW\SURVHFXWRUDWWKHWLPHWKHPRWLRQLVÀOHG
ZLWKWKHFRXUW7KHGLVWULFWDWWRUQH\RUFLW\
SURVHFXWRUPD\FRQWHVWWKHPRWLRQ
(4) The court shall hold a hearing on a peti-
ignition interlock device requirement from the WLRQÀOHGLQDFFRUGDQFHZLWKVXEVHFWLRQRI
person’s driving record as soon as practicable WKLVVHFWLRQ,QGHWHUPLQLQJZKHWKHUWRJUDQW
DIWHUWKHGHSDUWPHQWUHFHLYHVWKHFHUWLÀFDWH WKHSHWLWLRQWKHFRXUWVKDOOFRQVLGHU
 ,IWKHUHLVDQHJDWLYHUHSRUWGXULQJWKH
last 90 consecutive days, the person shall
continue to use an ignition interlock device
EH\RQGWKHSHULRGUHTXLUHGXQGHU256
(1)(b) or (c), (2) or (3) until the person submits
(a) The nature of the underlying crime for
ZKLFKGULYLQJSULYLOHJHVZHUHVXVSHQGHG
(b) The blood alcohol content of the defen-
GDQWDWWKHWLPHRIWKHDUUHVW
DFHUWLÀFDWHLQDIRUPSUHVFULEHGE\UXOHE\  F$Q\RWKHUUHOHYDQWIDFWRUV
the department, to the department from the
ignition interlock device provider stating that (5) The court may vacate a defendant’s
the device has not recorded a negative report requirement to install and use an ignition
for 90 consecutive days, beginning on the date
RIWKHPRVWUHFHQWQHJDWLYHUHSRUW
(4) This section does not apply to a defen-
dant who is granted an order to vacate the
requirement to install an ignition interlock
GHYLFHXQGHU256>F†@
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813.645 Motion to vacate requirement
to install and use ignition interlock
device; rules. (1)(a) As used in this sec-
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LQWHUORFNGHYLFHXQGHU256LIDIWHU
a hearing described in subsection (4) of this
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WKHHYLGHQFHWKDWWKHSHWLWLRQHU
(a) Has complied with the condition of the
GLYHUVLRQDJUHHPHQWGHVFULEHGLQ256
(3) for at least six consecutive months with no
negative reports; and
(b) Has entered into and is in compliance
with any treatment program required as a
FRQGLWLRQRIGLYHUVLRQ
tampering with an ignition interlock device,   :KHQ D FRXUW YDFDWHV D GHIHQGDQW·V
unauthorized removal of an ignition interlock requirement to install and use an ignition
device, lockout or a test violation recorded by LQWHUORFNGHYLFHXQGHU256WKH
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(b) The Department of Transportation may
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(2) A defendant may apply by motion to
the court in which a driving while under the

Title 59 Page 299 (2015 Edition)

OREGON VEHICLE CODE

Page 300 (2015 Edition)

 3('(675,$1602725&<&/(6%,&<&/(66&227(56

Chapter 814

(',7,21
PEDESTRIANS; MOTORCYCLES; BICYCLES; SCOOTERS

PEDESTRIANS 814.260 Failure of moped operator to wear

motorcycle helmet; penalty
7UDIÀF&RQWURO'HYLFHV 814.269 Failure of motorcycle operator to
wear motorcycle helmet; penalty
 $SSURSULDWHUHVSRQVHVWRWUDIÀFFRQ- 814.275 Failure of motorcycle passenger to
trol devices wear motorcycle helmet; penalty
 )DLOXUHWRREH\WUDIÀFFRQWUROGHYLFH 814.280 Endangering motorcycle passenger;
penalty penalty
814.030 Failure to obey bridge or railroad 814.290 Exemptions from motorcycle helmet
signal; penalty requirements
(Pedestrian Yield) 814.310 Illegal alteration of moped; penalty
814.320 Failure to display lighted headlights;
814.040 Failure to yield to vehicle; penalty exceptions; penalty
814.050 Failure to yield to ambulance or 814.325 Carrying passenger on motorcycle;
emergency vehicle; penalty penalty
(Roadway Use) 814.330 Carrying passenger on moped;
penalty
814.060 Failure to use pedestrian tunnel or 814.340 Riding as passenger on moped;
overhead crossing; penalty penalty
814.070 Improper position upon or improp-
erly proceeding along highway;
exceptions; penalty BICYCLES
814.072 Issuance of permit to be upon or to 814.400 Application of vehicle laws to bicycles
proceed along highway 814.405 Status of electric assisted bicycle
814.080 Unlawful hitchhiking; penalty 814.410 Unsafe operation of bicycle on side-
walk; penalty
(Miscellaneous Rights)
814.420 Failure to use bicycle lane or path;
814.100 Rights of driver and passengers of exceptions; penalty
disabled vehicle on freeway 814.430 Improper use of lanes; exceptions;
814.110 Rights for persons who are blind or penalty
who are blind and deaf 814.440 Failure to signal turn; exceptions;
814.120 Unlawful use of white cane; penalty penalty
814.450 Unlawful load on bicycle; penalty
PASSENGERS 814.460 Unlawful passengers on bicycle;
penalty
814.130 Passenger obstruction of driver; 814.470 Failure to use bicycle seat; penalty
penalty
814.480 Nonmotorized vehicle clinging to
another vehicle; penalty
LIVESTOCK 814.484 Meaning of “bicycle” and “operating
814.140 Application of vehicle laws to animal or riding on a highway”
on roadway 814.485 Failure to wear protective headgear;
814.150 Failure to perform duties of person penalty
in charge of livestock on highway; 814.486 Endangering bicycle operator or pas-
penalty senger; penalty
814.487 Exemptions from protective headgear
requirements
MOPEDS AND MOTORCYCLES
814.488 Citations; exemption from require-
814.200 Unlawful operation of motorcycle or PHQWWRSD\ÀQH
moped; penalty
814.489 Use of evidence of lack of protective
814.210 Operation of moped on sidewalk or headgear on bicyclist
bicycle trail; penalty
814.220 Motorcyclist clinging to another vehi-
cle; penalty MOTORIZED WHEELCHAIRS
814.230 Moped operator or rider clinging to 814.500 Rights and duties of person riding
other vehicle; penalty motorized wheelchair on bicycle lane
814.240 Motorcycle or moped unlawful pass- or path
ing; penalty
814.250 Moped or motorcycle operating more
than two abreast; penalty

Title 59 Page 301 (2015 Edition)

 OREGON VEHICLE CODE
MOTOR ASSISTED SCOOTERS
814.510 Application of vehicle laws to motor
assisted scooters
814.512 Unlawful operation of motor assisted
scooter; penalty
814.514 Failure of operator of motor assisted
scooter to use bicycle lane or path;
exception; penalty
814.516 Prohibition on operation of motor
assisted scooters in state parks
814.518 Improper operation of motor assisted
scooter on highway; exceptions;
penalty
814.520 Improper operation of motor assisted
scooter in lane; exceptions; penalty
814.522 Failure to signal; exception; penalty
814.524 Unsafe operation of motor assisted
scooter on sidewalk; penalty
814.526 Unsafe operation of motor assisted
scooter on bicycle path or lane;
penalty
814.528 Operation of motor assisted scooter
in crosswalk; exception; penalty
814.530 Carrying passenger on motor assisted
scooter; penalty
Title 59 Page 302
814.532 Operating motor assisted scooter
with unlawful load; penalty
814.534 Failure of motor assisted scooter
operator to wear protective headgear;
exception; penalty
814.536 Endangering motor assisted scooter
operator; penalty
ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES
814.550 Application of vehicle laws to electric
personal assistive mobility device
814.552 Unsafe operation of electric personal
assistive mobility device; penalty
814.554 Local government and state agency
regulation of operation of electric
personal assistive mobility devices
NONMOTORIZED VEHICLES
OTHER THAN BICYCLES
814.600 Failure of skateboarder, scooter rider
or in-line skater to wear protective
headgear; penalty
(2015 Edition)
 3('(675,$1602725&<&/(6%,&<&/(66&227(56
 

PEDESTRIANS  D)DLOVWRREH\DQ\WUDIÀFFRQWUROGHYLFH
VSHFLÀFDOO\DSSOLFDEOHWRWKHSHGHVWULDQ
7UDIÀF&RQWURO'HYLFHV  E)DLOVWRREH\DQ\VSHFLÀFWUDIÀFFRQWURO
814.010 Appropriate responses to traf- GHYLFHGHVFULEHGLQ256LQWKHPDQQHU
ÀFFRQWUROGHYLFHVThis section establishes UHTXLUHGE\WKDWVHFWLRQ
DSSURSULDWHSHGHVWULDQUHVSRQVHVWRVSHFLÀF (2) A pedestrian is not subject to the require-
WUDIÀFFRQWUROGHYLFHVIRUSXUSRVHVRI256 ments of this section if the pedestrian complies
 $XWKRULW\ WR SODFH WUDIÀF FRQWURO ZLWKGLUHFWLRQVRIDSROLFHRIÀFHU
GHYLFHVLVHVWDEOLVKHGXQGHU256
([FHSWZKHQDFWLQJXQGHUWKHGLUHFWLRQRI (3) The offense described in this section,
DSROLFHRIÀFHUDSHGHVWULDQLVLQYLRODWLRQ pedestrian failure to obey traffic control
RI256LIWKHSHGHVWULDQPDNHVD GHYLFHVLVD&ODVV'WUDIÀFYLRODWLRQ>
UHVSRQVHWRDWUDIÀFFRQWUROGHYLFHWKDWLVQRW F†F†@
SHUPLWWHGXQGHUWKHIROORZLQJ 814.030 Failure to obey bridge or
  $ SHGHVWULDQ IDFLQJ D WUDIÀF FRQWURO railroad signal; penalty. (1) A pedestrian
device with a green light may proceed across commits the offense of pedestrian failure to
the roadway within any marked or unmarked obey bridge or railroad signal if the pedestrian
crosswalk unless prohibited from doing so by GRHVDQ\RIWKHIROORZLQJ
RWKHUWUDIÀFFRQWUROGHYLFHV  D (QWHUV RU UHPDLQV XSRQ D EULGJH RU
  $ SHGHVWULDQ IDFLQJ D WUDIÀF FRQWURO
device with a green arrow signal light may
proceed across the roadway within any marked
or unmarked crosswalk unless prohibited from
GRLQJVRE\RWKHUWUDIÀFFRQWUROGHYLFHV
approach to a bridge beyond the bridge signal,
gate or barricade after a bridge operation
VLJQDOKDVEHHQJLYHQ
(b) Passes through, around, over or under
any crossing gate or barrier at a bridge or rail-
  $ SHGHVWULDQ IDFLQJ D WUDIÀF FRQWURO road grade crossing while the gate or barrier
device with a steady yellow light shall not LVFORVHGRUEHLQJRSHQHGRUFORVHG
enter the roadway unless otherwise directed (2) The offense described in this section,
E\DSHGHVWULDQFRQWUROVLJQDO pedestrian failure to obey bridge or railroad
  $ SHGHVWULDQ IDFLQJ D WUDIÀF FRQWURO VLJQDOLVD&ODVV'WUDIÀFYLRODWLRQ>
device with a steady red light shall not enter F†F†@
the roadway unless otherwise directed by a
SHGHVWULDQFRQWUROVLJQDO (Pedestrian Yield)
 ,IDWUDIÀFFRQWUROGHYLFHLVHUHFWHGDQG 814.040 Failure to yield to vehicle; pen-
maintained at a place other than an inter- alty. (1) A pedestrian commits the offense of
section, the provisions of this section are pedestrian failure to yield to a vehicle if the
DSSOLFDEOH SHGHVWULDQGRHVDQ\RIWKHIROORZLQJ
  :KHQ D SHGHVWULDQ FRQWURO VLJQDO (a) Suddenly leaves a curb or other place
VKRZLQJ WKH ZRUGV ´:DONµ DQG ´:DLWµ RU of safety and moves into the path of a vehicle
´'RQ·W:DONµRUDQ\RWKHUSHGHVWULDQV\PERO that is so close as to constitute an immediate
approved by the Oregon Transportation Com- KD]DUG
PLVVLRQXQGHU256DQGIRU (b) Fails to yield the right of way to a vehicle
the purpose of controlling pedestrian crossing upon a roadway when the pedestrian is cross-
is in place, the signal indicates and applies as ing the roadway at any point other than within
IROORZV a marked crosswalk or an unmarked crosswalk
 D,IDSHGHVWULDQLVIDFLQJD´:DONµVLJQDO DWDQLQWHUVHFWLRQ
RURWKHUV\PERODSSURYHGXQGHU256
DQGLQGLFDWLQJWKDWWKHSHGHVWULDQPD\
proceed, the pedestrian may proceed across the
URDGZD\LQWKHGLUHFWLRQRIWKHVLJQDO
(b) A pedestrian shall not start to cross the
roadway in the direction of a signal showing
D´:DLWµRU´'RQ·W:DONµRUDQ\RWKHUV\PERO
DSSURYHGXQGHU256DQGLQGL-
FDWLQJWKDWWKHSHGHVWULDQPD\QRWSURFHHG$
pedestrian who has started crossing a road-
ZD\RQDVLJQDOVKRZLQJ´:DONµRUDQ\RWKHU
approved symbol to proceed shall proceed with
dispatch to a sidewalk or safety island while
DVLJQDOLVVKRZLQJ´:DLWµRU´'RQ·W:DONµRU
any other approved symbol indicating not to
SURFHHG>F†F†@
 )DLOXUHWRREH\WUDIÀFFRQWURO
device; penalty. (1) A pedestrian commits
WKHRIIHQVHRISHGHVWULDQIDLOXUHWRREH\WUDIÀF
control devices if the pedestrian does any of the
IROORZLQJ
Title 59 Page 303
 F([FHSWDVRWKHUZLVHSURYLGHGXQGHUWKH
vehicle code, fails to yield the right of way to
DOOYHKLFOHVXSRQWKHURDGZD\
(2) The offense described in this section,
pedestrian failure to yield to a vehicle, is a
&ODVV'WUDIÀFYLRODWLRQ>F†
F†@
814.050 Failure to yield to ambulance
or emergency vehicle; penalty. (1) A pedes-
trian commits the offense of pedestrian failure
to yield to an ambulance or emergency vehicle
if the pedestrian does not yield the right of way
WR
(a) An ambulance used in an emergency
situation; or
(b) An emergency vehicle or an ambulance
upon the approach of the vehicle using a visual
signal or audible signal or both according to
UHTXLUHPHQWVXQGHU256RU
(2015 Edition)
 OREGON VEHICLE CODE

(2) This section does not relieve the driver apply to a member of a group that has adopted
of an ambulance or emergency vehicle from the that section of highway under the provisions of
GXW\WR 256ZKRLVREH\LQJWKHUXOHVRIWKH
(a) Drive with due regard for the safety of Department of Transportation for picking up
all persons using the highway; and litter or removing noxious weeds on either side
RIWKHURDGZD\
 E([HUFLVHGXHFDUHWRDYRLGFROOLGLQJZLWK
DQ\SHGHVWULDQ (e) Fails to take a position upon or proceed
along and upon a highway that has neither
(3) The offense described in this section, sidewalk nor shoulder available, as near as
pedestrian failure to yield to an ambulance practicable to an outside edge of the roadway,
RUHPHUJHQF\YHKLFOHLVD&ODVV'WUDIÀFYLR- and, if the roadway is a two-way roadway, only
ODWLRQ>F†F† RQWKHOHIWVLGHRILW
F†@
(2) This section is subject to the provisions
(Roadway Use)
RI256
(3) A pedestrian does not commit the offense
814.060 Failure to use pedestrian of pedestrian with improper position upon or
tunnel or overhead crossing; penalty. (1) improperly proceeding along a highway if the
A pedestrian commits the offense of failure to SHGHVWULDQ
use pedestrian tunnel or overhead crossing if
the pedestrian crosses a roadway other than  D'RHVQRWLPSHGHWUDIÀFRUFUHDWHDWUDIÀF
by means of a pedestrian tunnel or overhead hazard;
pedestrian crossing when a tunnel or overhead (b) Posts advance warning signs in compli-
crossing serves the place where the pedestrian ance with standards adopted by the Oregon
LVFURVVLQJWKHURDGZD\ Transportation Commission under ORS
(2) The offense described in this section, 
failure to use pedestrian tunnel or overhead (c) Wears high-visibility safety apparel in
FURVVLQJLVD&ODVV'WUDIÀFYLRODWLRQ> compliance with standards adopted by the
F†@ Oregon Transportation Commission under
814.070 Improper position upon or 256DQG
improperly proceeding along highway; (d) Has a permit or belongs to a group that
exceptions; penalty. (1) A pedestrian com- KDVDSHUPLWLVVXHGXQGHU256
mits the offense of pedestrian with improper
position upon or improperly proceeding along (4) A pedestrian does not commit the offense
a highway if the pedestrian does any of the of pedestrian with improper position upon or
IROORZLQJ improperly proceeding along a highway when
the pedestrian is on a narrow residential road-
(a) Takes a position upon or proceeds along ZD\LI
and upon the roadway where there is an adja-
FHQWXVDEOHVLGHZDONRUVKRXOGHU  D7KHSHGHVWULDQGRHVQRWFUHDWHDWUDIÀF
hazard; and
(b) Does not take a position upon or proceed
along and upon the shoulder, as far as prac- (b) Signs are posted giving notice that
ticable from the roadway edge, on a highway pedestrians may be present upon or along
that has an adjacent shoulder area on one or WKHQDUURZUHVLGHQWLDOURDGZD\6LJQVSRVWHG
ERWKVLGHV under this paragraph shall be posted at each
end of the portion of the narrow residential
 F([FHSWLQWKHFDVHRIWKHGLYLGHGKLJKZD\ URDGZD\ZKHUHSHGHVWULDQVPD\EHSUHVHQW
does not take a position upon or proceed along
and upon the left shoulder and as far as prac- (5) The offense described in this section,
ticable from the roadway edge on a two-way pedestrian with improper position upon or
highway that has no sidewalk and that does improperly proceeding along a highway, is a
KDYHDQDGMDFHQWVKRXOGHUDUHD7KLVSDUD- &ODVV'WUDIÀFYLRODWLRQ>F†
JUDSKGRHVQRWDSSO\WR F†F†F††
F††F†F†@
(A) A hitchhiker who takes a position upon
or proceeds along and upon the right shoulder 814.072 Issuance of permit to be upon
so long as the hitchhiker does so facing the or to proceed along highway. (1) A road
vehicles using the adjacent lane of the roadway; authority may issue a permit that authorizes
or a pedestrian or a group to be positioned upon
or to proceed along a highway if the pedestrian
(B) A member of a group that has adopted or group shows to the satisfaction of the road
that section of highway under the provisions DXWKRULW\
RI256ZKRLVREH\LQJWKHUXOHVRIWKH
Department of Transportation for picking up (a) Proof of liability insurance in an amount
litter or removing noxious weeds on either side of not less than $1 million; and
RIWKHURDGZD\ (b) That the pedestrian or group will meet
(d) Does not take a position upon or proceed the public safety requirements adopted by the
along and upon the right highway shoulder, as 'HSDUWPHQWRI7UDQVSRUWDWLRQE\UXOH
far as practicable from the roadway edge, on a
divided highway that has no sidewalk and does
KDYHDVKRXOGHUDUHD7KLVSDUDJUDSKGRHVQRW

Title 59 Page 304 (2015 Edition)

 3('(675,$1602725&<&/(6%,&<&/(66&227(56
 

(2) Upon issuance of a permit, the permit 814.120 Unlawful use of white cane;
holder shall provide a copy of the permit to any penalty. (1) A person commits the offense of
DSSOLFDEOHORFDOMXULVGLFWLRQ>F†@ unlawful use of a white cane if the person uses
NoteZDVDGGHGWRDQGPDGHDSDUW or carries a white cane on the highways or any
of the Oregon Vehicle Code by legislative action other public place of this state and the person
but was not added to ORS chapter 814 or any LVQRWEOLQGRUEOLQGDQGGHDI
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG (2) This section is subject to the provisions
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ DQGGHÀQLWLRQVUHODWLQJWRWKHULJKWVRISHGHV-
814.080 Unlawful hitchhiking; penalty. trians who are blind or blind and deaf under
(1) A person commits the offense of unlawful 256
hitchhiking if the person is on a roadway for (3) The offense described in this section,
WKHSXUSRVHRIVROLFLWLQJDULGH unlawful use of a white cane, is a Class D traf-
(2) The offense described in this section, ÀFYLRODWLRQ>F†F†
XQODZIXOKLWFKKLNLQJLVD&ODVV'WUDIÀFYLR- F†F†@
ODWLRQ>F†F†@
814.090>F†F† PASSENGERS
F†UHSHDOHGE\F†@ 814.130 Passenger obstruction of
814.092>F†UHSHDOHGE\ driver; penalty. (1) A person commits the
F†@ offense of passenger obstruction of a driver if
the person is a passenger in a vehicle and the
(Miscellaneous Rights) person rides in a position that interferes with
all of the operator’s views to the rear, through
814.100 Rights of driver and passengers one or more mirrors and otherwise, or that
of disabled vehicle on freeway. On a free- interferes with the operator’s view to the front
ZD\RQZKLFKSHGHVWULDQWUDIÀFLVSURKLELWHG or sides or the operator’s control of the driving
the driver and passengers of a disabled vehicle PHFKDQLVP
stopped on the freeway may walk to the nearest
exit, in either direction, on that side of the (2) The offense described in this section,
freeway upon which the vehicle is disabled, passenger obstruction of driver, is a Class C
from which telephone or motor vehicle repair WUDIÀFYLRODWLRQ>F†@
VHUYLFHVDUHDYDLODEOH>F†@
814.110 Rights for persons who are LIVESTOCK
blind or who are blind and deaf. (1) This 814.140 Application of vehicle laws to
section establishes rights for pedestrians who animal on roadway. (YHU\SHUVRQULGLQJ
DUHEOLQGRUEOLQGDQGGHDI7KHULJKWVHVWDE- an animal upon a roadway and every person
lished by this section are enforced by ORS driving or leading any animal is subject to the
DQG7KHIROORZLQJGHÀQLWLRQV provisions of the vehicle code concerning vehi-
DSSO\WRWKLVVHFWLRQDQGWR256DQG cle equipment and operation of vehicles except
 those provisions which by their very nature can
 D´'RJJXLGHµPHDQVDGRJWKDWLVZHDULQJ KDYHQRDSSOLFDWLRQ>F†@
a dog guide harness and is trained to lead or 814.150 Failure to perform duties of
JXLGHDSHUVRQZKRLVEOLQG person in charge of livestock on highway;
 E´3HUVRQZKRLVEOLQGµPHDQVDSHUVRQ penalty. (1) A person commits the offense of
ZKRKDVYLVLRQRUOHVVRUDYLVXDOÀHOG failure to perform the duties of a person in
RIGHJUHHVRUOHVV charge of livestock on a highway if the person
IDLOVWRGRDQ\RIWKHIROORZLQJ
 F´:KLWHFDQHµPHDQVDFDQHRUZDONLQJ
stick that is white in color or white with a red (a) When riding or leading a horse or other
WLS livestock on the highway, a person must keep
a lookout for vehicles and use caution to keep
  7KLV VHFWLRQ DQG 256  DQG WKHDQLPDOXQGHUFRQWURO
JUDQWDQGHQIRUFHWKHIROORZLQJULJKWV
IRUSHGHVWULDQVZKRDUHEOLQGRUEOLQGDQGGHDI (b) A person in charge of driving a herd of
livestock on or across a highway shall position
(a) A person who is blind or blind and deaf a person at the front of the herd to warn drivers
may carry and use a white cane on the high- WKDWWKHKHUGLVDSSURDFKLQJ
ways and other public places of this state for
WKHSXUSRVHVRILGHQWLÀFDWLRQDQGPRELOLW\ (c) A person in charge of livestock being
driven on a highway shall use reasonable care
(b) Any person who is blind and deaf may and diligence to open the roadway for vehicular
use a white cane marked by a six-inch wide WUDIÀF
FKDUWUHXVHFRORUHGVWULSDWWKHWLSHQG
 G,IDKRUVHRURWKHUOLYHVWRFNEHFRPHV
(3) A pedestrian who is blind or blind and frightened on a highway, the person riding
deaf and who is not carrying a white cane or or leading the livestock shall give a distress
not accompanied by a dog guide has all the signal to an approaching driver by raising the
rights and privileges granted by law to all SHUVRQ·VKDQG
SHGHVWULDQV>F†F†@

Title 59 Page 305 (2015 Edition)

 OREGON VEHICLE CODE
(2) This section is only applicable if the live-
stock is an animal of the species of horses,
PXOHVGRQNH\VFDWWOHVZLQHVKHHSRUJRDWV
(3) The offense described in this section,
failure to perform duties of a person in charge
RIOLYHVWRFNRQDKLJKZD\LVD&ODVV%WUDIÀF
YLRODWLRQ>F†@
MOPEDS AND MOTORCYCLES
814.200 Unlawful operation of motorcy-
cle or moped; penalty. (1) A person operating
a moped or motorcycle commits the offense of
unlawful moped or motorcycle operation if the
SHUVRQ ODQHZLWKDYHKLFOHLVD&ODVV%WUDIÀFYLROD-
(a) Fails to sit astride, or to stand astride,
the moped or motorcycle seat while facing for-
ward; or
(b) Carries a package, bundle or other article
that prevents the person from keeping both
KDQGVRQWKHKDQGOHEDUV
(2) The offense described in this section,
unlawful moped or motorcycle operation, is
D&ODVV%WUDIÀFYLRODWLRQ>F†
F†F†@
814.210 Operation of moped on side-
walk or bicycle trail; penalty. (1) A person
commits the offense of operation of a moped on
a sidewalk or bicycle trail if the person operates
a moped upon a sidewalk, a bicycle path or a
ELF\FOHODQH
lane with a vehicle if the operator does any of
WKHIROORZLQJ
(a) Overtakes and passes in the same lane
occupied by the vehicle the operator is over-
taking, unless the vehicle being passed is a
PRWRUF\FOHRUDPRSHG
(b) Operates a moped or motorcycle between
ODQHVRIWUDIÀFRUEHWZHHQDGMDFHQWOLQHVRU
URZVRIYHKLFOHV
(2) This section does not apply to a police
RIÀFHULQWKHSHUIRUPDQFHRIRIÀFLDOGXWLHV
(3) The offense described in this section,
motorcycle or moped unlawful passing in a
WLRQ>F†@
814.250 Moped or motorcycle operat-
ing more than two abreast; penalty. (1)
A person commits the offense of operating a
moped or motorcycle more than two abreast if
the person is operating a moped or motorcycle
RQDURDGZD\ODQHGIRUWUDIÀFDQGWKHSHUVRQLV
riding abreast of more than one other motor-
F\FOHRUPRSHGLQWKHVDPHODQHIRUWUDIÀF
(2) The offense described in this section,
moped or motorcycle operating more than two
DEUHDVWLVD&ODVV%WUDIÀFYLRODWLRQ>
F†@
814.260 Failure of moped operator to
wear motorcycle helmet; penalty. (1) A
person commits the offense of failure of a
moped rider to wear a motorcycle helmet if
 ([HPSWLRQVWRWKLVVHFWLRQDUHSURYLGHG WKHSHUVRQ
XQGHU256
(a) Operates or rides on a moped; and
(3) The offense described in this section,
operation of a moped on a sidewalk or bicycle  E,VQRWZHDULQJDPRWRUF\FOHKHOPHW
WUDLOLVD&ODVV'WUDIÀFYLRODWLRQ>F
†@
814.220 Motorcyclist clinging to
another vehicle; penalty. (1) A person
commits the offense of motorcyclist clinging
to another vehicle if the person is riding upon a
motorcycle that is not disabled and being towed
and the person attaches a part of the person’s
self or the motorcycle to any other vehicle on
DURDGZD\
(2) The offense described in this section,
motorcyclist clinging to another vehicle, is a
&ODVV%WUDIÀFYLRODWLRQ>F†
F†F†@
814.230 Moped operator or rider cling-
ing to other vehicle; penalty. (1) A person
commits the offense of moped operator or
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
OLVKHGXQGHU256
(3) This section does not permit passen-
JHUVRQPRSHGVLQYLRODWLRQRI256
RU
(4) The offense described in this section,
failure of a moped rider to wear a motorcycle
KHOPHWLVD&ODVV'WUDIÀFYLRODWLRQ>
F†F†F†
F†@
814.269 Failure of motorcycle opera-
tor to wear motorcycle helmet; penalty.
(1) A person commits the offense of failure of
a motorcycle operator to wear a motorcycle
helmet if the person operates a motorcycle
DQGLVQRWZHDULQJDPRWRUF\FOHKHOPHW
rider clinging to another vehicle if the person
is riding upon or operating a moped and the
person clings to another vehicle upon a road-
way or attaches the moped to any other vehicle
XSRQDURDGZD\
(2) The offense described in this section,
moped operator or rider clinging to another
YHKLFOHLVD&ODVV'WUDIÀFYLRODWLRQ>
F†@
814.240 Motorcycle or moped unlawful
passing; penalty. (1) A motorcycle operator
or moped operator commits the offense of
motorcycle or moped unlawful passing in a
Title 59 3DJH
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
OLVKHGLQ256
(3) The offense described in this section,
failure of a motorcycle operator to wear a
PRWRUF\FOHKHOPHWLVD&ODVV'WUDIÀFYLROD-
WLRQ>F†F†@
814.270>F†F†
UHSHDOHGE\F†@
814.275 Failure of motorcycle passen-
ger to wear motorcycle helmet; penalty.
(1) A person commits the offense of failure of
a motorcycle passenger to wear a motorcycle
(2015 Edition)
 3('(675,$1602725&<&/(6%,&<&/(66&227(56
 

helmet if the person rides as a passenger on without violating this section, but a person
a motorcycle and is not wearing a motorcycle who uses such modulating headlights during
KHOPHW limited visibility conditions is in violation of
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE- WKLVVHFWLRQ
OLVKHGLQ256
(3) The offense described in this section,
failure of a motorcycle passenger to wear a
PRWRUF\FOHKHOPHWLVD&ODVV'WUDIÀFYLROD-
WLRQ>F†F†F
†@
814.280 Endangering motorcycle pas-
senger; penalty. (1) A person commits the
offense of endangering a motorcycle passenger
if the person is operating a motorcycle and the
person carries another person on the motorcy-
FOHZKRLVQRWZHDULQJDPRWRUF\FOHKHOPHW
 7KLVVHFWLRQGRHVQRWDSSO\ZKHQVSHFLÀF
exceptions with respect to parked vehicles are
PDGHXQGHU256
(4) A court may dismiss, without penalty,
any charge for violation of this section if the
FRXUWGHWHUPLQHVWKDW
(a) The violation was caused by a malfunc-
tion of equipment; and
(b) The equipment that malfunctioned and
caused the violation has been repaired or
UHSODFHG
(5) The offense described in this section, fail-
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
OLVKHGXQGHU256
(3) The offense described in this section,
endangering a motorcycle passenger, is a Class
'WUDIÀFYLRODWLRQ>F†F
†F†@
814.290 Exemptions from motorcycle
helmet requirements. This section estab-
lishes exemptions from the requirements and
penalties relating to the use of motorcycle hel-
PHWVXQGHU256WR$SHUVRQ
LVQRWLQYLRODWLRQRI256
RULIWKHSHUVRQLVDQ\RIWKH
IROORZLQJ DWRU·VVHDW
ure to display lighted headlights on a moped
RUPRWRUF\FOHDWDOOWLPHVLVD&ODVV%WUDIÀF
YLRODWLRQ>F†F†@
814.325 Carrying passenger on motor-
cycle; penalty. (1) A person commits the
offense of unlawfully carrying a passenger
on a motorcycle if the person does any of the
IROORZLQJ
(a) Carries on a motorcycle a person who is
not seated on a permanent and regular seat, if
the motorcycle is designed to carry more than
one person, or upon another seat attached to
the motorcycle at the rear or side of the oper-
 :LWKLQDQHQFORVHGFDE
(2) Operating or riding a vehicle designed
to travel with three wheels in contact with the
JURXQGDWVSHHGVRIOHVVWKDQPLOHVSHUKRXU
>F†F†F†@
814.300>F†UHSHDOHGE\
F†@
814.310 Illegal alteration of moped; pen-
alty. (1) A person commits the offense of illegal
alteration of a moped if the person alters or
PRGLÀHVLQDQ\PDQQHUDYHKLFOHUHJLVWHUHG
LQWKLVVWDWHVRWKDW penalty. (1) A person commits the offense of
(a) The displacement of the engine is
increased beyond that allowable for a moped
XQGHU256RU
(b) The vehicle is capable of moving, unas-
sisted, at a speed of more than 30 miles per
KRXURQDOHYHOURDGVXUIDFH
(2) The offense described in this section,
illegal alteration of a moped, is a Class C traf-
ÀFYLRODWLRQ>F†F†
F†@
814.320 Failure to display lighted head-
lights; exceptions; penalty. (1) A person
commits the offense of failure to display
lighted headlights on a moped or motorcycle
at all times, if the person operates a moped or
motorcycle and does not display lights and illu-
PLQDWHGGHYLFHVVSHFLÀHGXQGHU256
DQGDWDOOWLPHVWKHPRWRUF\FOHRU
(b) Carries a person in a position that
interferes with the operation or control of the
PRWRUF\FOHRUWKHRSHUDWRU·VYLHZ
(c) Carries a person, other than in a sidecar
or enclosed cab, on a motorcycle with no foot-
UHVWVIRUWKDWSHUVRQ
(2) The offense described in this section,
unlawfully carrying a passenger on a motor-
F\FOHLVD&ODVV%WUDIÀFYLRODWLRQ>F
†@
814.330 Carrying passenger on moped;
unlawfully carrying a passenger on a moped
if the person operates a moped on any highway
RIWKLVVWDWHZLWKDSDVVHQJHURQWKHPRSHG
(2) The offense described in this section,
unlawfully carrying a passenger on a moped, is
D&ODVV'WUDIÀFYLRODWLRQ>)RUPHUO\@
814.340 Riding as passenger on moped;
penalty. (1) A person commits the offense of
unlawfully riding as a passenger on a moped
if the person rides any moped as a passenger
RQDKLJKZD\RIWKLVVWDWH
(2) The offense described in this section,
unlawfully riding as a passenger on a moped, is
D&ODVV'WUDIÀFYLRODWLRQ>)RUPHUO\@
BICYCLES
814.400 Application of vehicle laws to
PRSHGLVXSRQDKLJKZD\ bicycles. (YHU\SHUVRQULGLQJDELF\FOH
(2) A person may use modulating headlights upon a public way is subject to the provi-
GHVFULEHGXQGHU256GXULQJGD\OLJKW sions applicable to and has the same rights
and duties as the driver of any other vehicle

Title 59 Page 307 (2015 Edition)

 OREGON VEHICLE CODE

concerning operating on highways, vehicle a person commits the offense of failure to use
HTXLSPHQWDQGDEDQGRQHGYHKLFOHVH[FHSW a bicycle lane or path if the person operates a
(a) Those provisions which by their very bicycle on any portion of a roadway that is not
QDWXUHFDQKDYHQRDSSOLFDWLRQ a bicycle lane or bicycle path when a bicycle
lane or bicycle path is adjacent to or near the
 E:KHQRWKHUZLVHVSHFLÀFDOO\SURYLGHG URDGZD\
XQGHUWKHYHKLFOHFRGH
(2) A person is not required to comply with
(2) Subject to the provisions of subsection this section unless the state or local authority
RIWKLVVHFWLRQ ZLWKMXULVGLFWLRQRYHUWKHURDGZD\ÀQGVDIWHU
(a) A bicycle is a vehicle for purposes of the public hearing, that the bicycle lane or bicycle
vehicle code; and path is suitable for safe bicycle use at reason-
DEOHUDWHVRIVSHHG
 E:KHQWKHWHUP´YHKLFOHµLVXVHGWKHWHUP
VKDOOEHGHHPHGWREHDSSOLFDEOHWRELF\FOHV
(3) The provisions of the vehicle code relat-
ing to the operation of bicycles do not relieve a
bicyclist or motorist from the duty to exercise
GXHFDUH>F†F†@
814.405 Status of electric assisted
bicycle. An electric assisted bicycle shall be
considered a bicycle, rather than a motor vehi-
cle, for purposes of the Oregon Vehicle Code,
H[FHSWZKHQRWKHUZLVHVSHFLÀFDOO\SURYLGHG
E\VWDWXWH>F†@
814.410 Unsafe operation of bicycle on
sidewalk; penalty. (1) A person commits the
offense of unsafe operation of a bicycle on a
VLGHZDONLIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
(a) Operates the bicycle so as to suddenly
leave a curb or other place of safety and move
into the path of a vehicle that is so close as to
FRQVWLWXWHDQLPPHGLDWHKD]DUG
(b) Operates a bicycle upon a sidewalk and
does not give an audible warning before over-
taking and passing a pedestrian and does not
yield the right of way to all pedestrians on the
VLGHZDON
(c) Operates a bicycle on a sidewalk in a
careless manner that endangers or would be
OLNHO\WRHQGDQJHUDQ\SHUVRQRUSURSHUW\
(d) Operates the bicycle at a speed greater
than an ordinary walk when approaching or
entering a crosswalk, approaching or crossing
a driveway or crossing a curb cut or pedestrian
ramp and a motor vehicle is approaching the
crosswalk, driveway, curb cut or pedestrian
UDPS7KLVSDUDJUDSKGRHVQRWUHTXLUHUHGXFHG
speeds for bicycles at places on sidewalks or
other pedestrian ways other than places where
WKH SDWK IRU SHGHVWULDQV RU ELF\FOH WUDIÀF
approaches or crosses that for motor vehicle
WUDIÀF
(e) Operates an electric assisted bicycle on
(3) A person is not in violation of the offense
under this section if the person is able to safely
move out of the bicycle lane or path for the
SXUSRVHRI
(a) Overtaking and passing another bicycle,
a vehicle or a pedestrian that is in the bicycle
lane or path and passage cannot safely be made
LQWKHODQHRUSDWK
(b) Preparing to execute a left turn at an
LQWHUVHFWLRQRULQWRDSULYDWHURDGRUGULYHZD\
(c) Avoiding debris or other hazardous
FRQGLWLRQV
(d) Preparing to execute a right turn where
DULJKWWXUQLVDXWKRUL]HG
(e) Continuing straight at an intersection
where the bicycle lane or path is to the right
of a lane from which a motor vehicle must turn
ULJKW
(4) The offense described in this section,
failure to use a bicycle lane or path, is a Class
'WUDIÀFYLRODWLRQ>F†F
†F†@
814.430 Improper use of lanes; excep-
tions; penalty. (1) A person commits the
offense of improper use of lanes by a bicycle if
the person is operating a bicycle on a roadway
DWOHVVWKDQWKHQRUPDOVSHHGRIWUDIÀFXVLQJ
the roadway at that time and place under the
existing conditions and the person does not
ride as close as practicable to the right curb
RUHGJHRIWKHURDGZD\
(2) A person is not in violation of the offense
under this section if the person is not operating
a bicycle as close as practicable to the right
curb or edge of the roadway under any of the
IROORZLQJFLUFXPVWDQFHV
(a) When overtaking and passing another
bicycle or vehicle that is proceeding in the same
GLUHFWLRQ
DVLGHZDON  E:KHQSUHSDULQJWRH[HFXWHDOHIWWXUQ
 ([FHSWDVRWKHUZLVHVSHFLÀFDOO\SUR-
vided by law, a bicyclist on a sidewalk or in a
crosswalk has the same rights and duties as
DSHGHVWULDQRQDVLGHZDONRULQDFURVVZDON
(3) The offense described in this section,
unsafe operation of a bicycle on a sidewalk, is
D&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†F†@
814.420 Failure to use bicycle lane or
(c) When reasonably necessary to avoid haz-
ardous conditions including, but not limited
WRÀ[HGRUPRYLQJREMHFWVSDUNHGRUPRYLQJ
vehicles, bicycles, pedestrians, animals, sur-
face hazards or other conditions that make
continued operation along the right curb or
edge unsafe or to avoid unsafe operation in
a lane on the roadway that is too narrow for
a bicycle and vehicle to travel safely side by
VLGH1RWKLQJLQWKLVSDUDJUDSKH[FXVHVWKH
path; exceptions; penalty. ([FHSWDVSUR- operator of a bicycle from the requirements
vided in subsections (2) and (3) of this section,

Title 59 Page 308 (2015 Edition)

 3('(675,$1602725&<&/(6%,&<&/(66&227(56
XQGHU256RUIURPWKHSHQDOWLHVIRU
IDLOXUHWRFRPSO\ZLWKWKRVHUHTXLUHPHQWV
(d) When operating within a city as near as
practicable to the left curb or edge of a roadway
WKDWLVGHVLJQDWHGWRDOORZWUDIÀFWRPRYHLQ
RQO\RQHGLUHFWLRQDORQJWKHURDGZD\$ELF\FOH
that is operated under this paragraph is sub-
ject to the same requirements and exceptions
when operating along the left curb or edge as
are applicable when a bicycle is operating along
WKHULJKWFXUERUHGJHRIWKHURDGZD\
(e) When operating a bicycle alongside not
more than one other bicycle as long as the bicy-
cles are both being operated within a single
lane and in a manner that does not impede the
QRUPDODQGUHDVRQDEOHPRYHPHQWRIWUDIÀF
(f) When operating on a bicycle lane or bicy-
FOHSDWK
(3) The offense described in this section,
improper use of lanes by a bicycle, is a Class
'WUDIÀFYLRODWLRQ>F†F
†@
814.440 Failure to signal turn; excep-
tions; penalty. (1) A person commits the
offense of failure to signal for a bicycle turn if
WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ clings to another vehicle upon a roadway or
(a) Stops a bicycle the person is operating
without giving the appropriate hand and arm
signal continuously for at least 100 feet before
H[HFXWLQJWKHVWRS
 
814.460 Unlawful passengers on bicycle;
penalty. (1) A person commits the offense of
unlawful passengers on a bicycle if the person
operates a bicycle and carries more persons
on the bicycle than the number for which it is
GHVLJQHGRUVDIHO\HTXLSSHG
(2) The offense described in this section,
unlawful passengers on a bicycle, is a Class
'WUDIÀFYLRODWLRQ>F†@
814.470 Failure to use bicycle seat; pen-
alty. (1) A person commits the offense of failure
to use a bicycle seat if the person is operating a
bicycle and the person rides other than upon or
astride a permanent and regular seat attached
WRWKHELF\FOH
(2) The offense described in this section,
IDLOXUHWRXVHDELF\FOHVHDWLVD&ODVV'WUDIÀF
YLRODWLRQ>F†F†
F†@
814.480 Nonmotorized vehicle clinging
to another vehicle; penalty. (1) A person
commits the offense of nonmotorized vehicle
clinging to another vehicle if the person is
riding upon or operating a bicycle, coaster,
roller skates, sled or toy vehicle and the person
attaches that which the person is riding or
RSHUDWLQJWRDQ\RWKHUYHKLFOHXSRQDURDGZD\
(2) The offense described in this section,
nonmotorized vehicle clinging to another vehi-
FOHLVD&ODVV'WUDIÀFYLRODWLRQ>F
 E([HFXWHVDWXUQRQDELF\FOHWKHSHUVRQ
is operating without giving the appropriate
hand and arm signal for the turn for at least
IHHWEHIRUHH[HFXWLQJWKHWXUQ
†@
814.484 Meaning of “bicycle” and
“operating or riding on a highway.” (1)
)RUSXUSRVHVRI256
 F([HFXWHVDWXUQRQDELF\FOHWKHSHUVRQ DQG´ELF\FOHµKDVWKHPHDQLQJJLYHQ
is operating after having been stopped without LQ256H[FHSWWKDW
giving, while stopped, the appropriate hand
DQGDUPVLJQDOIRUWKHWXUQ  D,WDOVRLQFOXGHVYHKLFOHVWKDWPHHWWKH
FULWHULDVSHFLÀHGLQ256WREXW
(2) A person is not in violation of the offense that have wheels that are 14 inches or less in
under this section if the person is operating GLDPHWHU
a bicycle and does not give the appropriate
signal continuously for a stop or turn because  E,WGRHVQRWLQFOXGHWULF\FOHVGHVLJQHGWR
circumstances require that both hands be used EHULGGHQE\FKLOGUHQ
WRVDIHO\FRQWURORURSHUDWHWKHELF\FOH   )RU SXUSRVHV RI WKH RIIHQVHV GHÀQHG
(3) The appropriate hand and arm signals
for indicating turns and stops under this sec-
tion are those provided for other vehicles under
256DQG
(4) The offense described under this section,
failure to signal for a bicycle turn, is a Class
'WUDIÀFYLRODWLRQ>F†F
†@
814.450 Unlawful load on bicycle; pen-
alty. (1) A person commits the offense of having
an unlawful load on a bicycle if the person is
operating a bicycle and the person carries a
package, bundle or article which prevents the
person from keeping at least one hand upon
the handlebar and having full control at all
WLPHV
LQ256DQGD
person shall not be considered to be operat-
ing or riding on a bicycle on a highway or on
premises open to the public if the person is
operating or riding on a three-wheeled non-
motorized vehicle on a beach while it is closed
WRPRWRUYHKLFOHWUDIÀF>F††DE
F†@
814.485 Failure to wear protective
headgear; penalty. (1) A person commits
the offense of failure of a bicycle operator or
rider to wear protective headgear if the person
LVXQGHU\HDUVRIDJHRSHUDWHVRUULGHVRQD
bicycle on a highway or on premises open to the
public and is not wearing protective headgear
RIDW\SHDSSURYHGXQGHU256
(2) The offense described in this section,
XQODZIXOORDGRQDELF\FOHLVD&ODVV'WUDIÀF
YLRODWLRQ>F†@
 ([HPSWLRQVIURPWKLVVHFWLRQDUHDVSUR-
YLGHGLQ256
(3) The offense described in this section,
failure of a bicycle operator or rider to wear
SURWHFWLYHKHDGJHDULVDVSHFLÀFÀQHWUDIÀF

Title 59 Page 309 (2015 Edition)

 OREGON VEHICLE CODE

YLRODWLRQ7KHSUHVXPSWLYHÀQHIRUIDLOXUHRI or passenger if the bicyclist or passenger was

a bicycle operator or rider to wear protective
KHDGJHDULV>F†F†
F†@
814.486 Endangering bicycle operator
or passenger; penalty. (1) A person commits
the offense of endangering a bicycle operator
RUSDVVHQJHULI riding motorized wheelchair on bicycle
(a) The person is operating a bicycle on a
highway or on premises open to the public
and the person carries another person on the
ELF\FOHZKRLVXQGHU\HDUVRIDJHDQGLVQRW
wearing protective headgear of a type approved
XQGHU256RU
(b) The person is the parent, legal guard-
ian or person with legal responsibility for the
injured or killed as a result in whole or in part
RIWKHIDXOWRIDQRWKHU>F†@
MOTORIZED WHEELCHAIRS
814.500 Rights and duties of person
lane or path. (YHU\SHUVRQULGLQJDPRWRU-
ized wheelchair on a bicycle lane or path is
subject to the provisions applicable to and has
the same rights and duties as the driver of
a bicycle when operating on a bicycle lane or
SDWKH[FHSW
(1) When those provisions which by their
YHU\QDWXUHFDQKDYHQRDSSOLFDWLRQ
VDIHW\DQGZHOIDUHRIDFKLOGXQGHU\HDUVRI
age and the child operates or rides on a bicycle
on a highway or on premises open to the public
without wearing protective headgear of a type
DSSURYHGXQGHU256
 :KHQRWKHUZLVHVSHFLÀFDOO\SURYLGHG
XQGHUWKHYHKLFOHFRGH>F†@
MOTOR ASSISTED SCOOTERS
814.510 Application of vehicle laws to
 ([HPSWLRQVIURPWKLVVHFWLRQDUHDVSUR-
YLGHGLQ256
(3) The offense described in this section,
endangering a bicycle operator or passenger,
LVDVSHFLÀFÀQHWUDIÀFYLRODWLRQ7KHSUHVXPS-
WLYHÀQHIRUHQGDQJHULQJDELF\FOHRSHUDWRURU
SDVVHQJHULV>F†F
†F†@
motor assisted scooters. An operator of a
motor assisted scooter upon a public way is
subject to the provisions applicable to, and
has the same rights and duties as the opera-
tor of, any other vehicle operating on highways
H[FHSW
(1) Those provisions that by their very
QDWXUHFDQKDYHQRDSSOLFDWLRQ
814.487 Exemptions from protective
headgear requirements. A person is exempt
IURPWKHUHTXLUHPHQWVXQGHU256
DQGWRZHDUSURWHFWLYHKHDGJHDULI
wearing the headgear would violate a religious
EHOLHIRUSUDFWLFHRIWKHSHUVRQ>F†@
814.488 Citations; exemption from
 :KHQRWKHUZLVHVSHFLÀFDOO\SURYLGHG
XQGHUWKHYHKLFOHFRGH>F†@
814.512 Unlawful operation of motor
assisted scooter; penalty. (1) A person
operating a motor assisted scooter commits
the offense of unlawful operation of a motor
DVVLVWHGVFRRWHULI
UHTXLUHPHQWWRSD\ÀQH,IDFKLOGLQ
YLRODWLRQRI256LV\HDUVRIDJHRU
younger, any citation issued shall be issued to
the parent, legal guardian or person with legal
responsibility for the safety and welfare of the
FKLOGIRUYLRODWLRQRI256UDWKHUWKDQ
WRWKHFKLOGIRUYLRODWLRQRI256
 D7KHSHUVRQLVXQGHU\HDUVRIDJHRU
(b) The person operates a motor assisted
scooter at a rate of speed exceeding 15 miles
SHUKRXU
(2) The offense described in this section,
unlawful operation of a motor assisted scooter,
 ,IDFKLOGLQYLRODWLRQRI256LV LVD&ODVV'WUDIÀFYLRODWLRQ>F†@
DWOHDVW\HDUVRIDJHDQGLVXQGHU\HDUV
of age, a citation may be issued to the child for 814.514 Failure of operator of motor
YLRODWLRQRI256RUWRWKHSDUHQWOHJDO assisted scooter to use bicycle lane or
guardian or person with legal responsibility for path; exception; penalty.  ([FHSW DV
the safety and welfare of the child for violation provided in subsection (2) of this section, a
RI256EXWQRWWRERWK person commits the offense of failure of a motor
assisted scooter operator to use a bicycle lane
 7KHÀUVWWLPHDSHUVRQLVFRQYLFWHGRIDQ
RIIHQVHGHVFULEHGLQ256RU
WKHSHUVRQVKDOOQRWEHUHTXLUHGWRSD\DÀQH
if the person proves to the satisfaction of the
court that the person has protective headgear
RIDW\SHDSSURYHGXQGHU256>
F††F@
814.489 Use of evidence of lack of pro-
tective headgear on bicyclist. (YLGHQFHRI
YLRODWLRQRI256RUDQGHYL-
dence of lack of protective headgear shall not
be admissible, applicable or effective to reduce
the amount of damages or to constitute a
defense to an action for damages brought by or
on behalf of an injured bicyclist or bicycle pas-
senger or the survivors of a deceased bicyclist
Title 59 Page 310
or bicycle path if the person operates a motor
assisted scooter on any portion of a roadway
that is not a bicycle lane or bicycle path when
a bicycle lane or bicycle path is adjacent to or
QHDUWKHURDGZD\
(2) A person is not subject to this section if
the operation of a motor assisted scooter on
a bicycle lane or bicycle path is prohibited by
ORFDORUGLQDQFH
(3) The offense described in this section,
failure of a motor assisted scooter operator to
use a bicycle lane or bicycle path, is a Class D
WUDIÀFYLRODWLRQ>F†@
(2015 Edition)
 3('(675,$1602725&<&/(6%,&<&/(66&227(56
 
814.516 Prohibition on operation of
motor assisted scooters in state parks.
The State Parks and Recreation Department
may restrict or prohibit the operation of a motor
assisted scooter on a bicycle lane or bicycle path
in a state park except that the department may
not restrict or prohibit the operation of a motor
assisted scooter on a bicycle lane or bicycle
path in a state park if the operator of the motor
DVVLVWHGVFRRWHULVGLVDEOHG>F†@
814.518 Improper operation of motor
assisted scooter on highway; exceptions;
penalty. (1) A person commits the offense of
improper operation of a motor assisted scooter
on a highway if the person is operating a motor
assisted scooter on a highway with a desig-
nated speed limit greater than 25 miles per
KRXU
(d) When operating within a city as near as
practicable to the left curb or edge of a roadway
WKDWLVGHVLJQDWHGWRDOORZWUDIÀFWRPRYHLQ
RQO\RQHGLUHFWLRQDORQJWKHURDGZD\$PRWRU
assisted scooter that is operated under this
paragraph is subject to the same requirements
and exceptions when operating along the left
curb or edge as are applicable when a motor
assisted scooter is operating along the right
FXUERUHGJHRIWKHURDGZD\
(e) When operating a motor assisted scooter
alongside not more than one other motor
assisted scooter as long as the motor assisted
scooters are both being operated within a
single lane and in a manner that does not
impede the normal and reasonable movement
RIWUDIÀF
(f) When operating on a bicycle lane or bicy-
 7KLVVHFWLRQGRHVQRWDSSO\LI FOHSDWK
(a) The person is operating a motor assisted
scooter on a highway with a designated speed
limit greater than 25 miles per hour and the
person is operating the motor assisted scooter
on a bicycle lane; or
(b) The person is operating a motor assisted
scooter while crossing a highway with a des-
ignated speed limit greater than 25 miles per
KRXU
(3) The offense described in this section,
improper operation of a motor assisted scooter
RQDKLJKZD\LVD&ODVV'WUDIÀFYLRODWLRQ
>F†@
(3) The offense described in this section,
improper operation of a motor assisted scooter
LQDODQHLVD&ODVV'WUDIÀFYLRODWLRQ>
F†@
814.522 Failure to signal; exception;
penalty. (1) A person commits the offense of
failure to signal for a motor assisted scooter
maneuver if the person is operating a motor
DVVLVWHGVFRRWHUDQG
(a) Stops the motor assisted scooter without
giving the appropriate hand and arm signal
continuously for at least 100 feet before exe-
FXWLQJWKHVWRS
814.520 Improper operation of motor  E([HFXWHVDWXUQRUODQHFKDQJHRQWKH
assisted scooter in lane; exceptions; motor assisted scooter without giving the
penalty. (1) A person commits the offense of appropriate hand and arm signal for the turn
improper operation of a motor assisted scooter DWOHDVWIHHWEHIRUHH[HFXWLQJWKHWXUQ
in a lane if the person is operating a motor
assisted scooter on a roadway at less than the
QRUPDOVSHHGRIWUDIÀFXVLQJWKHURDGZD\DW
that time and place under the existing con-
ditions and the person does not ride as close
as practicable to the right curb or edge of the
URDGZD\
(2) A person is not in violation of this section
if the person is not operating a motor assisted
scooter as close as practicable to the right curb
or edge of the roadway under any of the follow-
LQJFLUFXPVWDQFHV
(a) When overtaking and passing another
motor assisted scooter or vehicle that is pro-
FHHGLQJLQWKHVDPHGLUHFWLRQ
 F([HFXWHVDWXUQRQWKHPRWRUDVVLVWHG
scooter after having been stopped without
giving, while stopped, the appropriate hand
DQGDUPVLJQDOIRUWKHWXUQ
(2) A person is not in violation of this sec-
tion if the person is operating a motor assisted
scooter and does not give the appropriate hand
and arm signal continuously for a stop, turn
or lane change because circumstances require
that both hands be used to safely control or
RSHUDWHWKHPRWRUDVVLVWHGVFRRWHU
(3) The appropriate hand and arm signals
for indicating stops, turns and lane changes
under this section are those provided for other
YHKLFOHVXQGHU256DQG
 E:KHQSUHSDULQJWRH[HFXWHDOHIWWXUQ
(c) When reasonably necessary to avoid haz-
ardous conditions including, but not limited to,
À[HGRUPRYLQJREMHFWVSDUNHGRUPRYLQJYHKL-
cles, pedestrians, animals, surface hazards or
other conditions that make continued operation
along the right curb or edge unsafe or to avoid
unsafe operation in a lane on the roadway that
is too narrow for a motor assisted scooter and
YHKLFOHWRWUDYHOVDIHO\VLGHE\VLGH1RWKLQJLQ
this paragraph excuses the operator of a motor
assisted scooter from the requirements under
256RUIURPWKHSHQDOWLHVIRUIDLOXUH
WRFRPSO\ZLWKWKRVHUHTXLUHPHQWV
Title 59 Page 311
(4) The offense described in this section,
failure to signal for a motor assisted scooter
PDQHXYHULVD&ODVV'WUDIÀFYLRODWLRQ>
F†@
814.524 Unsafe operation of motor
assisted scooter on sidewalk; penalty. (1)
A person commits the offense of unsafe opera-
tion of a motor assisted scooter on a sidewalk
if the person operates a motor assisted scooter
on a sidewalk, except to enter or leave adja-
cent property, or the person operates a motor
assisted scooter on a sidewalk to enter or leave
DGMDFHQWSURSHUW\DQGWKHSHUVRQ
(2015 Edition)
 OREGON VEHICLE CODE
(a) Operates the motor assisted scooter so as
to suddenly leave a curb or other place of safety
and move into the path of a vehicle that is so
FORVHDVWRFRQVWLWXWHDQLPPHGLDWHKD]DUG
(b) Does not give an audible warning before
overtaking and passing a pedestrian or does
not yield the right of way to all pedestrians on
WKHVLGHZDON
(c) Operates the motor assisted scooter in a
careless manner that endangers or would be
OLNHO\WRHQGDQJHUDQ\SHUVRQRUSURSHUW\
(d) Operates the motor assisted scooter
at a speed greater than an ordinary walk
when approaching a crosswalk, approaching
or entering a driveway or crossing a curb cut
or pedestrian ramp and a motor vehicle is
approaching the crosswalk, driveway, curb
FXWRUSHGHVWULDQUDPS
(2) The offense described in this section,
unsafe operation of a motor assisted scooter
RQDVLGHZDONLVD&ODVV'WUDIÀFYLRODWLRQ
article that prevents the person from keeping
at least one hand upon the handlebars and
KDYLQJIXOOFRQWURODWDOOWLPHV
(2) The offense described in this section,
operating a motor assisted scooter with an
XQODZIXOORDGLVD&ODVV'WUDIÀFYLRODWLRQ
>F†@
814.534 Failure of motor assisted
scooter operator to wear protective
headgear; exception; penalty. (1) A person
commits the offense of failure of a motor
assisted scooter operator to wear protective
headgear if the person operates a motor
assisted scooter on a highway or on premises
open to the public and is not wearing protec-
tive headgear of a type approved under ORS

(2) A person is exempt from the protective
headgear requirement of subsection (1) of this
section if wearing the headgear would violate
DUHOLJLRXVEHOLHIRUSUDFWLFHRIWKHSHUVRQ
>F†@
814.526 Unsafe operation of motor
assisted scooter on bicycle path or lane;
penalty. (1) A person commits the offense of
unsafe operation of a motor assisted scooter
on a bicycle path or bicycle lane if the person
operates a motor assisted scooter on a bicycle
path or bicycle lane and does not give an audi-
ble warning before overtaking and passing a
pedestrian or does not yield the right of way
to all pedestrians on the bicycle path or bicycle
ODQH
(2) The offense described in this section,
unsafe operation of a motor assisted scooter
on a bicycle path or bicycle lane, is a Class D
WUDIÀFYLRODWLRQ>F†@
814.528 Operation of motor assisted
scooter in crosswalk; exception; penalty.
(1) A person commits the offense of operation of
a motor assisted scooter in a crosswalk if the
person fails to walk the motor assisted scooter
 7KHÀUVWWLPHDSHUVRQLVFRQYLFWHGRIDQ
offense under this section, the person may not
EHUHTXLUHGWRSD\DÀQHLIWKHSHUVRQSURYHVWR
the satisfaction of the court that the person has
protective headgear of a type approved under
256
(4) The offense described in this section,
failure of a motor assisted scooter operator
WRZHDUSURWHFWLYHKHDGJHDULVDVSHFLÀFÀQH
WUDIÀFYLRODWLRQ7KHSUHVXPSWLYHÀQHIRUIDLO-
ure of a motor assisted scooter operator to wear
SURWHFWLYHKHDGJHDULV>F†
F†@
814.536 Endangering motor assisted
scooter operator; penalty. (1) A person
commits the offense of endangering a motor
assisted scooter operator if the person is the
parent, legal guardian or person with legal
responsibility for the safety and welfare of a
FKLOGXQGHU\HDUVRIDJHDQGDXWKRUL]HVRU
knowingly permits the child to operate a motor
LQDFURVVZDON DVVLVWHGVFRRWHULQYLRODWLRQRI256
(2) This section does not apply to a person
with a disability operating a motor assisted
VFRRWHULQDFURVVZDON
(3) The offense described in this section,
operation of a motor assisted scooter in a cross-
ZDONLVD&ODVV'WUDIÀFYLRODWLRQ>F
†F†@
814.530 Carrying passenger on motor
assisted scooter; penalty. (1) A person com-
mits the offense of carrying a passenger on a
motor assisted scooter if the person operates
a motor assisted scooter and carries another
SHUVRQRQWKHPRWRUDVVLVWHGVFRRWHU
(2) The offense described in this section, car-
rying a passenger on a motor assisted scooter,
LVD&ODVV'WUDIÀFYLRODWLRQ>F†@
814.532 Operating motor assisted
scooter with unlawful load; penalty. (1)
A person commits the offense of operating a
motor assisted scooter with an unlawful load if
the person is operating a motor assisted scooter
and the person carries a package, bundle or
Title 59 Page 312
D
(2) The offense described in this section,
endangering a motor assisted scooter oper-
DWRULVDVSHFLÀFÀQHWUDIÀFYLRODWLRQ7KH
SUHVXPSWLYH ÀQH IRU HQGDQJHULQJ D PRWRU
DVVLVWHGVFRRWHURSHUDWRULV>F
†F†@
ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES
814.550 Application of vehicle laws
to electric personal assistive mobility
device. (1) An electric personal assistive
mobility device is not a motor vehicle for pur-
poses of the Oregon Vehicle Code, except when
VSHFLÀFDOO\SURYLGHGE\VWDWXWH
(2) A person operating an electric personal
assistive mobility device on a bicycle lane, bicy-
cle path or any part of a highway is subject to
any provisions applicable to and has the same
rights and duties as the driver of a bicycle when
operating on a bicycle lane, bicycle path or any
(2015 Edition)
 3('(675,$1602725&<&/(6%,&<&/(66&227(56
 

part of a highway, except when otherwise spe-
FLÀFDOO\SURYLGHGE\VWDWXWH
(3) A person operating an electric personal
assistive mobility device on a sidewalk is sub-
ject to any provisions applicable to and has the
same rights and duties as a pedestrian on a
VLGHZDONH[FHSWZKHQRWKHUZLVHVSHFLÀFDOO\
SURYLGHGE\VWDWXWH
(4) Subject to the provisions of subsections
(1) to (3) of this section, for purposes of the
YHKLFOHFRGH unsafe operation of an electric personal
(a) An electric personal assistive mobility
device is a vehicle; and
ramp and a motor vehicle is approaching the
crosswalk, driveway, curb cut or pedestrian
ramp; or
(f) The person is operating an electric per-
sonal assistive mobility device on a sidewalk
and does not give an audible warning before
overtaking and passing a pedestrian and does
not yield the right of way to all pedestrians on
WKHVLGHZDON
(2) The offense described in this section,
DVVLVWLYHPRELOLW\GHYLFHLVD&ODVV'WUDIÀF
YLRODWLRQ>F†@
 E:KHQWKHWHUP´YHKLFOHµLVXVHGWKHWHUP
shall be deemed to be applicable to electric per-
sonal assistive mobility devices, except those
provisions that by their very nature can have
QRDSSOLFDWLRQWRWKHGHYLFHV
(5) The provisions of the vehicle code relat-
ing to the operation of an electric personal
assistive mobility device do not relieve an
operator or motorist from the duty to exercise
GXHFDUH>F†@
814.552 Unsafe operation of electric
personal assistive mobility device; pen-
alty. (1) A person commits the offense of unsafe
operation of an electric personal assistive
PRELOLW\GHYLFHLI
(a) The person is operating an electric per-
sonal assistive mobility device on a highway
that has a designated or posted speed limit
greater than 35 miles per hour or that has
no designated or posted speed limit, and the
person is not in a bicycle lane or crossing the
highway;
(b) The person is operating an electric per-
sonal assistive mobility device on a bicycle
lane, bicycle path or any part of a highway at
a speed greater than 15 miles per hour;
(c) The person is operating an electric per-
sonal assistive mobility device on a sidewalk
in a careless manner that endangers or would
be likely to endanger any person or property;
(d) The person is operating an electric per-
sonal assistive mobility device on a bicycle
lane, bicycle path, sidewalk or other prem-
ises open to the public and the person carries
another person on the electric personal assis-
tive mobility device;
(e) The person is operating an electric
personal assistive mobility device at a speed
greater than an ordinary walk when approach-
ing a crosswalk, approaching or entering a
driveway or crossing a curb cut or pedestrian
Title 59 Page 313
814.554 Local government and state
agency regulation of operation of elec-
tric personal assistive mobility devices.
Local governments and state agencies having
jurisdiction over public highways, sidewalks,
alleys, bridges, trails, recreational roads and
other ways of public passage may regulate by
RUGLQDQFHRUUXOHDQGE\WUDIÀFFRQWUROGHYLFH
the time, place and manner of operation of
electric personal assistive mobility devices,
LQFOXGLQJSURKLELWLQJWKHLUXVHHQWLUHO\>
F†@
NONMOTORIZED VEHICLES
OTHER THAN BICYCLES
814.600 Failure of skateboarder, scooter
rider or in-line skater to wear protective
headgear; penalty. (1) A person commits the
offense of failure of a skateboarder, scooter
rider or in-line skater to wear protective head-
JHDULIWKHSHUVRQLVXQGHU\HDUVRIDJH
rides on a skateboard or scooter or uses in-line
skates on a highway or on premises open to the
public and is not wearing protective headgear
RIDW\SHDSSURYHGXQGHU256
(2) The offense described in this section, fail-
ure of a skateboarder, scooter rider or in-line
VNDWHUWRZHDUSURWHFWLYHKHDGJHDULVDVSHFLÀF
ÀQHWUDIÀFYLRODWLRQSXQLVKDEOHE\DPD[LPXP
ÀQHRI7KHSUHVXPSWLYHÀQHIRUIDLOXUHRI
a skateboarder, scooter rider or in-line skater
WRZHDUSURWHFWLYHKHDGJHDULV>F
†F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
_______________
(2015 Edition)
OREGON VEHICLE CODE

Page 314 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<

Chapter 815

(',7,21
VEHICLE EQUIPMENT GENERALLY

GENERAL PROVISIONS 815.109 Exemption from equipment require-

ments for racing activity vehicles
815.005 Consistent parts and equipment
authorized
815.010 Compliance with standards for equip- SPECIFIC EQUIPMENT
ment; federal standards to supersede
state (Slow-Moving Vehicles)
815.015 Department inspection of vehicles for
815.110 Requirements for and use of
compliance
slow-moving vehicle emblem
815.020 Operation of unsafe vehicle; penalty
815.115 Violation of emblem requirements;
815.025 Causing unreasonable noise with penalty
vehicle; penalty
815.120 Exemptions from emblem
requirements
AUTHORITY TO ESTABLISH STANDARDS
(Brakes)
815.030 State vehicle equipment standards
815.125 Requirements and standards
815.035 Rules for standards for roadside
warning devices 815.130 Improper brakes; penalty
815.040 Standards for window and wind- 815.135 Exemptions from brake requirements
shield material
815.045 Rules for use of traction tires, retract- (Tires)
able studded tires and chains; signs 815.140 Failure to use vehicle traction tires or
815.052 Rules establishing standards for pro- chains; penalty
tective headgear 815.145 Exemptions from traction tire or
815.055 Rules establishing standards for chains requirement
safety belts, harnesses and child 815.155 Unlawful use of device without
safety systems wheels; exemptions; civil liability;
815.060 Rules establishing standards for penalty
slow-moving vehicle emblems 815.160 Unlawful use of metal objects on
815.065 Rules establishing standards for tires; civil liability; penalty
K\GUDXOLFEUDNHÁXLG 815.165 Exemptions from prohibition on tires
815.070 Road warning signals for tow vehi- with metal objects
cles or wreckers 815.167 Prohibition on selling studs other
than lightweight studs; exemption
PROVIDING UNLAWFUL EQUIPMENT 815.170 Operation without pneumatic tires;
civil liability; penalty
815.075 Selling vehicles or equipment that 815.175 Exemptions from pneumatic tire
violates rules; exemptions; penalty requirement
815.080 Providing safety belt, harness or
child safety system that does not (Mudguards, Fenders)
comply with standards; exemptions;
penalty 815.180 Standards
815.085 Servicing with or selling unapproved 815.182 Kinds of fenders or mudguards
EUDNHÁXLGSHQDOW\ UHTXLUHGIRUVSHFLÀHGYHKLFOHV
815.090 Replacement of vehicle windows with placement
unapproved material; penalty 815.185 Operation without proper fenders or
815.095 Unlawful sales, installations or rep- mudguards; penalty
resentations concerning pollution 815.190 Exemptions from mudguard and
control systems; penalty fender requirements
815.097 Providing vehicle with mercury light
switch (Visible Emissions)
815.195 Requirements and standards
OPERATING WITH UNLAWFUL 815.200 Violation of visible emission limits;
EQUIPMENT penalty
815.205 Exemptions from visible emission
815.100 Operation of vehicle that violates
limits
equipment rules; penalty
815.105 Exemptions from equipment (Windows)
requirements
815.107 Exemption from equipment require- 815.210 Operation of vehicle without
ments for street rods approved material in windows;
exemptions; penalty

Page 315 (2015 Edition)

 OREGON VEHICLE CODE
815.215 Failure to have windshield wipers;
exemptions; penalty
815.220 Obstruction of vehicle windows;
penalty
815.221 Tinting; authorized and prohibited
PDWHULDOVFHUWLÀFDWH
815.222 Illegal window tinting; dismissal;
penalty
(Horns, Sound Equipment)
815.225 Violation of use limits on sound
equipment; exemptions; penalty
815.230 Violation of sound equipment require-
ments; exemptions; penalty
(Motor Assisted Scooters)
815.283 Violation of motor assisted scooter
equipment requirements; penalty
(Electric Personal Assistive Mobility Devices)
815.284 Violation of electric personal assis-
tive mobility device equipment
requirements; penalty
(Warning Devices)
815.285 Failure to carry roadside vehicle
warning devices; exemptions; penalty
(Implements of Husbandry)

6RXQG6\VWHP$PSOLÀFDWLRQ 815.290 Exemptions from equipment

requirements
 8QUHDVRQDEOHVRXQGDPSOLÀFDWLRQ
from a vehicle; penalty (Pollution Control Equipment)
815.233 Enhancement of penalty for violation
of ORS 815.232 815.295 Failure to have required pollution
control equipment; exemptions;
penalty
(Mirrors)
815.300 Exemptions from requirement to
815.235 Operation without rearview mirror; be equipped with pollution control
exemptions; penalty system
815.237 Forward crossview mirror; failure to 815.305 Disconnection or alteration of pollu-
inspect; exemptions; penalty tion control equipment; penalty
815.310 Proof of compliance with
(Image Display Devices) requirements
815.240 Unlawful use of image display device;  8VHRILPSURSHUFHUWLÀFDWHIRUSROOX-
exemptions; penalty tion control system; penalty
 8QODZIXOFHUWLÀFDWLRQRIFRPSOLDQFH
(Clearance) with pollution control requirements;
penalty
815.245 Violation of minimum clearance
requirements for passenger vehicles; 815.325 Unlawfully requiring repair for certi-
penalty ÀFDWLRQRIFRPSOLDQFHZLWKSROOXWLRQ
control requirements; penalty
(Exhaust System)
(Odometer Offenses)
815.250 Operation without proper exhaust
system; exemptions; penalty 815.405 Department review of odometer dis-
closure statements
(Speedometer) 815.410 Illegal odometer tampering; prohibi-
tion; exceptions; civil action; penalty
815.255 Operation of vehicle for hire without
speedometer; exemptions; penalty 815.415 Unlawful repair of odometer; rules;
civil action; penalty
(Disposal System) 815.420 Unlawfully removing odometer repair
notice; penalty
815.260 Operation of recreational vehicle
with unsealed disposal system; 815.425 Failure to submit odometer disclo-
exemption; penalty sure; penalty
815.430 Submitting false odometer disclo-
(Loads) sure; penalty
815.270 Operating vehicle that is loaded or
equipped to obstruct driver; penalty
815.275 Failure to mark end of load with light
RUÁDJZKHQUHTXLUHGSHQDOW\
(Bicycles)
815.280 Violation of bicycle equipment
requirements; penalty
815.281 Selling noncomplying bicycle head-
gear; renting or leasing bicycle
without having approved headgear
available; penalties
7UDIÀF&RQWURO6LJQDO2SHUDWLQJ'HYLFHV
815.440 Unauthorized possession, use or
GLVWULEXWLRQRIWUDIÀFFRQWUROVLJQDO
operating device; exemption; penalty
 $XWKRULW\WRXVHWUDIÀFFRQWUROVLJQDO
operating devices; costs
(Vehicle Metering System)
815.555 Tampering with a vehicle metering
system; penalty

(Motorized Wheelchairs)
815.282 Operating motorized wheelchair on
bicycle lane without proper lighting
equipment

3DJH (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<
GENERAL PROVISIONS
815.005 Consistent parts and equip-
ment authorized. Nothing in the vehicle
code shall be construed to prohibit the use of
additional parts and accessories on any vehi-
cle not inconsistent with the provisions of the
YHKLFOHFRGH>F†@
815.010 Compliance with standards
for equipment; federal standards to
supersede state. (1) Testing requirements
for equipment standards adopted under the
vehicle code shall be met by the manufac-
turer submitting a report from a laboratory
approved by the Department of Transportation
showing compliance with the current federal
regulations or the standards of the Society of
$XWRPRWLYH(QJLQHHUVWKH$PHULFDQ1DWLRQDO
6WDQGDUGV,QVWLWXWHRUWKH1DWLRQDO,QVWLWXWH
RI6WDQGDUGVDQG7HFKQRORJ\7KLVVXEVHFWLRQ
supersedes any provision to the contrary in the
YHKLFOHFRGH
(2) A federal vehicle safety standard that
FRQÁLFWVZLWKDQHTXLSPHQWSURYLVLRQRIWKH
vehicle code applicable to the same aspect
RISHUIRUPDQFHVKDOOVXSHUVHGHWKDWVSHFLÀF
provision of the vehicle code with respect to
vehicles in compliance with the federal vehicle
safety standard that was in effect at the time
RIVDOH>F†F†
F†F†F†
F†@
815.015 Department inspection of
vehicles for compliance. The Department
of Transportation may at any time inspect any
vehicle to determine its compliance with the
equipment provisions and other provisions of
WKHYHKLFOHFRGH>F†@
 
AUTHORITY TO ESTABLISH
STANDARDS
815.030 State vehicle equipment stan-
dards. (1) The Department of Transportation
shall adopt and enforce minimum standards
for vehicle performance or vehicle equipment
SHUIRUPDQFHFRQVLVWHQWZLWKWKLVVHFWLRQ
(2) Standards adopted by the department
under this section shall be consistent with any
vehicle standards established under federal
regulations or under standards of the Society of
$XWRPRWLYH(QJLQHHUVWKH$PHULFDQ1DWLRQDO
6WDQGDUGV,QVWLWXWHRUWKH1DWLRQDO,QVWLWXWH
RI6WDQGDUGVDQG7HFKQRORJ\
(3) As federal regulations concerning vehi-
cle equipment are subsequently amended or
repealed the department may consider sub-
sequent federal vehicle safety standards and
adopt standards with respect to any vehicle
or item of vehicle equipment applicable to the
same aspect of performance of such vehicle or
item of equipment if the department deter-
mines that the subsequent federal standards
are practicable, provide an objective standard
DQGPHHWWKHQHHGIRUYHKLFOHVDIHW\
(4) Standards adopted by the department
under this section supersede any equipment
provision of the vehicle code applicable to the
VDPHDVSHFWRISHUIRUPDQFHWKDWFRQÁLFWVZLWK
DVSHFLÀFSURYLVLRQRIDVWDQGDUGDGRSWHGE\
the department under this section with respect
to compliance with safety standards in effect
DWWKHWLPHRIVDOH
(5) The department shall continue to adopt
equipment standards as required under other
sections of the vehicle code if there is no stan-
GDUGXQGHUWKLVVHFWLRQ
815.020 Operation of unsafe vehicle;
penalty. (1) A person commits the offense of
operation of an unsafe vehicle if the person
GRHVDQ\RIWKHIROORZLQJ or if there is no federal symbol or designation,
(a) Drives or moves on any highway any
vehicle which is in such unsafe condition as
WRHQGDQJHUDQ\SHUVRQ
(b) Owns a vehicle and causes or knowingly
permits the vehicle to be driven or moved on
any highway when the vehicle is in such unsafe
FRQGLWLRQDVWRHQGDQJHUDQ\SHUVRQ
(2) The offense described in this section,
operation of an unsafe vehicle, is a Class B
WUDIÀFYLRODWLRQ>F†@
815.025 Causing unreasonable noise
with vehicle; penalty. (1) A person com-
mits the offense of causing unreasonable noise
with a vehicle if the person operates upon any
highway any motor vehicle so as to cause any
greater noise or sound than is reasonably nec-
HVVDU\IRUWKHSURSHURSHUDWLRQRIWKHYHKLFOH
(2) The offense described in this section,
causing unreasonable noise with a vehicle, is
D&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†@
Page 317
 3URRIRIFHUWLÀFDWLRQRIHTXLSPHQWXQGHU
this section may be in the form of a symbol or
designation prescribed in federal standards
by a symbol or designation acceptable to the
GHSDUWPHQW
(7) Compliance with any requirements for
equipment under this section is subject to ORS

(8) Prohibitions and penalties relating to
the standards established under this section
DUHSURYLGHGXQGHU256DQG
>F†F†F†@
815.035 Rules for standards for road-
side warning devices. The Department of
Transportation shall adopt rules to establish
standards for roadside vehicle warning devices
IRUSXUSRVHVRI256DQG
The rules shall include requirements for the
placement and use of such warning devices to
SURYLGHZDUQLQJRIGLVDEOHGYHKLFOHV>
F†@
815.040 Standards for window and
windshield material. (1) The Department
of Transportation shall establish standards
for safety glazing material used in vehicle win-
dows and windshields including standards for
any glazing material so constructed, treated
or combined with other materials as to reduce
(2015 Edition)
 OREGON VEHICLE CODE
substantially, in comparison to ordinary sheet
or plate glass, the likelihood of injury to per-
sons by broken or cracked glass or by objects
IURPH[WHUQDOVRXUFHV
(2) The standards established under this
section shall conform, insofar as practical,
WR VDIHW\ VWDQGDUGV DQG VSHFLÀFDWLRQV IRU
safety glazing material issued by the federal
JRYHUQPHQW
(3) Prohibitions and penalties relating to the
standards established under this section are
SURYLGHGXQGHU256DQG
(4) The standards established under this
section may not restrict the installation and
use of window tinting material that meets the
UHTXLUHPHQWVRI256>F
†F†F†F
†F†@
815.045 Rules for use of traction tires,
retractable studded tires and chains;
signs. (1) The Oregon Transportation Com-
mission shall adopt rules necessary to carry
RXW2567KHUXOHVDGRSWHGE\WKH
FRPPLVVLRQ F†@
(a) Shall establish the various types of con-
ditions under which vehicle traction tires or
FKDLQVPXVWEHXVHG
(a) Determine when conditions on a segment
of highway require the use of vehicle traction
WLUHVRUFKDLQVDVGHÀQHGE\WKHFRPPLVVLRQ
(b) Determine which segments of a highway
shall be posted as described under this section
to require vehicle traction tires or chains; and
(c) Provide for the placement and removal of
signs requiring the use of vehicle traction tires
RUFKDLQV>F†F†
F†F†F†@
815.050>F†F†
F†UHSHDOHGE\F†@
815.052 Rules establishing standards
for protective headgear. The Department
of Transportation shall adopt and enforce rules
HVWDEOLVKLQJPLQLPXPVWDQGDUGVDQGVSHFLÀ-
cations for safe protective headgear to be worn
by people operating bicycles, by passengers on
bicycles and by people riding on skateboards or
VFRRWHUVRUXVLQJLQOLQHVNDWHV7KHUXOHVVKDOO
conform, insofar as practicable, to national
VDIHW\VWDQGDUGVDQGVSHFLÀFDWLRQVIRUVXFK
KHDGJHDU>F†F†
815.055 Rules establishing standards
for safety belts, harnesses and child
safety systems. (1) The Department of
 E6KDOOGHÀQHW\SHVRIYHKLFOHWUDFWLRQWLUHV Transportation shall adopt and enforce rules
or chains that may be used under various road HVWDEOLVKLQJPLQLPXPVWDQGDUGVDQGVSHFLÀ-
FRQGLWLRQV7KHFRPPLVVLRQUXOHVXQGHUWKLV cations for the construction and installation of
SDUDJUDSKVKDOOFRPSO\ZLWKWKHIROORZLQJ safety belts, safety harnesses or child safety
systems and anchors or other devices to which
 $7UDFWLRQWLUHVKDOOEHGHÀQHGWRLQFOXGH
any tire that meets traction standards estab-
OLVKHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(B) Retractable studded tires or tires with
VWXGVWKDWDUHSHUPLWWHGXQGHU256
shall be allowed as traction tires under the
UXOHV
(C) The department may require that
traction tires without studs bear identify-
LQJPDUNVGHÀQHGE\WKHGHSDUWPHQWWKDW
indicate that the tire was manufactured spe-
FLÀFDOO\IRUDGYHUVHZHDWKHUFRQGLWLRQV
safety belts, safety harnesses or child safety
V\VWHPVPD\EHDWWDFKHGDQGVHFXUHG7KH
rules adopted under this subsection are sub-
MHFWWRWKHIROORZLQJ
(a) The rules that establish minimum
VWDQGDUGVDQGVSHFLÀFDWLRQVIRUFKLOGVDIHW\
systems required and regulated under this
VHFWLRQDQG256DQGVKDOO
conform to the standards for child safety
systems established by the federal govern-
PHQW&KLOGVDIHW\V\VWHPVDUHUHTXLUHGWR
meet those standards in effect at the date of
PDQXIDFWXUH
 '&KDLQVVKDOOEHGHÀQHGWRLQFOXGHOLQN
chains, cable chains or any other device that
attaches to the wheel, vehicle or outside of the
WLUHDQGWKDWDXJPHQWVWKHWUDFWLRQRIDYHKLFOH
(b) All rules adopted under this subsection
shall conform to the regulations and standards
established by the federal government relating
to safety belt assemblies that are applicable to
 ( 5HWUDFWDEOH VWXGGHG WLUHV VKDOO EH
GHÀQHGWRLQFOXGHWLUHVZLWKHPEHGGHGVWXGV
that project beyond the tread surface only when
a vehicle operator extends the studs to aug-
PHQWWKHWUDFWLRQRIWKHYHKLFOH
(c) Shall establish signs to be posted under
conditions that require vehicle traction tires
RUFKDLQV
(d) May establish types or classes of vehi-
cles that are exempt from requirements to use
vehicle traction tires or chains under certain
conditions if the commission determines that
the operation of the class or type of vehicle
ZRXOGEHVDIHXQGHUWKRVHFRQGLWLRQV
PRWRUYHKLFOHVDWWKHGDWHRIPDQXIDFWXUH
(2) The department may purchase in the
market and test or submit to testing labora-
tories any safety belt, safety harness, child
VDIHW\V\VWHPRUDQFKRURURWKHUGHYLFH7KH
department shall enforce the penalties under
256LILWGHWHUPLQHVWKDWWKHEHOW
harness, child safety system or anchor or other
device does not conform to the minimum stan-
GDUGVHVWDEOLVKHGXQGHUWKLVVHFWLRQ
(3) Prohibitions and penalties relating
to sale and use of equipment subject to this
VHFWLRQDUHSURYLGHGXQGHU256DQG
>F†F†
 $URDGDXWKRULW\VKDOO F†F†F†
F†@

Page 318 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<  

815.060 Rules establishing standards (a) Vehicles of special interest that are regis-
for slow-moving vehicle emblems. The WHUHGXQGHU256DUHGHHPHGWRFRPSO\
Department of Transportation shall adopt ZLWKWKLVVHFWLRQLI
rules for slow-moving vehicle emblems for pur- (A) The vehicles are equipped with original
SRVHVRI256DQG7KHUXOHV manufacturer’s equipment and accessories, or
DGRSWHGXQGHUWKLVVHFWLRQVKDOO their equivalent, and are maintained in safe
(1) Require a slow-moving vehicle emblem operating order; or
WKDWLVUHÁHFWRUL]HGRUÁXRUHVFHQWDQGWKDWLV (B) The vehicles are street rods that conform
RIDVWDQGDUGW\SH WR256
 (VWDEOLVKGHVLJQDQGPRXQWLQJUHTXLUH- (b) Road machinery, road rollers, imple-
PHQWVWKDWWKHHPEOHPPXVWPHHW ments of husbandry, farm trailers and farm
(3) Conform to the nationally accepted stan- WUDFWRUVDUHQRWVXEMHFWWRWKLVVHFWLRQ
GDUGVIRUVORZPRYLQJYHKLFOHHPEOHPV> (c) Antique vehicles are not subject to this
F†@ section if the vehicles are maintained as collec-
815.065 Rules establishing standards tors’ items and used for exhibitions, parades,
IRUK\GUDXOLFEUDNHÁXLGThe Department club activities and similar uses, but not used
of Transportation shall adopt and enforce rules primarily for the transportation of persons or
for the purpose of regulation of hydraulic brake SURSHUW\
ÁXLGXQGHU2567KHUXOHVVKDOOHVWDE- (d) Racing activity vehicles are not subject
OLVKVWDQGDUGVDQGVSHFLÀFDWLRQVDQGODEHOLQJ WRWKLVVHFWLRQ
UHTXLUHPHQWVIRUK\GUDXOLFEUDNHÁXLGDQG
other liquid mediums through which force (4) The offense described under this section,
is transmitted to the brakes in the hydraulic selling vehicles or equipment that violates
EUDNHV\VWHPRIDYHKLFOH7KHUXOHVLQVRIDU state equipment administrative rules, is a
as practicable, shall conform to safety stan- &ODVV'WUDIÀFYLRODWLRQ>F†
GDUGVDQGVSHFLÀFDWLRQVIRUEUDNHÁXLGVLVVXHG F†F†F†
by the federal government and to the current F†F†F†@
VWDQGDUGVDQGVSHFLÀFDWLRQVRIWKH6RFLHW\RI 815.080 Providing safety belt, har-
$XWRPRWLYH(QJLQHHUVDSSOLFDEOHWRVXFKÁXLG ness or child safety system that does
The department shall publish rules adopted not comply with standards; exemptions;
XQGHUWKLVVHFWLRQ3HQDOWLHVDQGSURKLELWLRQV penalty. (1) A person commits the offense of
relating to the rules are as provided under ORS providing a safety belt, harness equipment
>F†F† or a child safety system that does not comply
F†@ with standards if the person does any of the
815.070 Road warning signals for tow IROORZLQJ
vehicles or wreckers. The Oregon Trans- (a) Sells or offers for sale a new motor
portation Commission shall prescribe warning vehicle that is not equipped with safety belts,
signs or signals for placement on roadways by safety harnesses or child safety systems that
WRZYHKLFOHVRUZUHFNHUVXQGHU256 comply with and are installed in compliance
>F†F†F with the rules adopted by the Department
†@ RI7UDQVSRUWDWLRQXQGHU2567KLV
paragraph applies only to motor vehicles that
PROVIDING UNLAWFUL EQUIPMENT are primarily designed for transportation of
individuals and that have seating for one or
815.075 Selling vehicles or equipment PRUHSDVVHQJHUVVLGHE\VLGHZLWKWKHRSHUDWRU
that violates rules; exemptions; penalty. This paragraph requires only that the vehicle
(1) A person commits the offense of selling vehi- be equipped with one seat belt or harness for
cles or equipment that violates state equipment the operator and one for at least one of the
administrative rules if the person sells or offers SDVVHQJHUVVHDWHGEHVLGHWKHRSHUDWRU
for sale any vehicle or sells or offers for sale for
use upon a vehicle or uses on any vehicle any (b) Sells or offers for sale any safety belt,
HTXLSPHQWLIWKHYHKLFOHRUHTXLSPHQW safety harness, child safety system, anchor or
other device for attaching or securing safety
(a) Does not conform to standards estab- belts, safety harnesses or child safety system if
lished by the Department of Transportation the belt, harness, child safety system, anchor or
E\UXOHXQGHU256DQG device does not comply with the rules adopted
(b) Does not bear thereon proof of certi- E\WKHGHSDUWPHQWXQGHU2567KLV
ÀFDWLRQWKDWLWFRPSOLHVZLWKWKHDSSOLFDEOH paragraph applies only to belts, harnesses,
VWDQGDUGV child safety systems, anchors or devices for
use or installation on a vehicle that is primarily
 3URRIRIFHUWLÀFDWLRQUHTXLUHGXQGHUWKLV GHVLJQHGIRUWUDQVSRUWDWLRQRILQGLYLGXDOV
section may be made in any manner provided
XQGHU256 (c) Sells or offers for sale any safety belt,
safety harness, child safety system, anchor or
(3) This section is subject to the following other device for attaching or securing safety
exemptions in addition to any exemptions belts, safety harnesses or child safety systems
XQGHU256 if the belt, harness, child safety system, anchor
or device is not marked as required under fed-
eral safety standards and if the mark is not

Page 319 (2015 Edition)

 OREGON VEHICLE CODE

legible when the belt, harness, child safety
system, anchor or other device is used or
LQVWDOOHGRQDYHKLFOH7KLVSDUDJUDSKDSSOLHV
only to belts, harnesses, child safety systems,
anchors or devices for use or installation on a
vehicle that is primarily designed for trans-
SRUWDWLRQRILQGLYLGXDOV
(3) The offense described in this section,
replacement of vehicle windows with unap-
SURYHGPDWHULDOLVD&ODVV$PLVGHPHDQRU
>F†F†@
815.095 Unlawful sales, installations
or representations concerning pollution
control systems; penalty. (1) A person com-
 G,QVWDOOVDQ\VDIHW\EHOWVDIHW\KDUQHVV
child safety system, anchor or other device
for attaching or securing safety belts, safety
harnesses or child safety systems on a vehicle
that is primarily designed for the transporta-
tion of individuals except in compliance with
rules adopted by the department under ORS

mits the offense of making unlawful sales of,
installations of or representations concerning
vehicle pollution control systems if the person
GRHVDQ\RIWKHIROORZLQJ
(a) Sells, displays, advertises or represents
DVDFHUWLÀHGV\VWHPDQ\PRWRUYHKLFOHSROOX-
WLRQFRQWUROV\VWHPWKDWLVQRWFHUWLÀHGXQGHU
256$
(2) This section does not apply to school
buses or school activity vehicles that are sub-
ject to equipment standards adopted by the
6WDWH%RDUGRI(GXFDWLRQRUWKHJRYHUQLQJ
board of a public university listed in ORS

(3) The offense described in this section,
providing a safety belt, harness equipment or
a child safety system that does not comply with
VWDQGDUGVLVD&ODVV&WUDIÀFYLRODWLRQ>
F†F†F†
F†F†F†
F†F†F†@
815.085 Servicing with or selling unap-
SURYHGEUDNHÁXLGSHQDOW\(1) A person
commits the offense of servicing with or selling
XQDSSURYHGEUDNHÁXLGLIWKHSHUVRQGRHVDQ\
RIWKHIROORZLQJ
(a) Distributes, has for sale, offers for sale
RUVHOOVDQ\K\GUDXOLFEUDNHÁXLGRUDQ\RWKHU
liquid medium through which force is trans-
mitted to the brakes in the hydraulic brake
V\VWHPRIDYHKLFOHLIWKHÁXLGRUOLTXLGGRHVQRW
FRPSO\ZLWKWKHVWDQGDUGVVSHFLÀFDWLRQVDQG
labeling established by rule by the Department
RI7UDQVSRUWDWLRQXQGHU256
(b) Services any vehicle with any hydraulic
EUDNHÁXLGRUDQ\RWKHUOLTXLGPHGLXPWKURXJK
which force is transmitted to the brakes in the
K\GUDXOLFEUDNHV\VWHPRIDYHKLFOHLIWKHÁXLG
or liquid does not comply with the standards,
VSHFLÀFDWLRQVDQGODEHOLQJHVWDEOLVKHGE\UXOH
E\WKHGHSDUWPHQWXQGHU256
(2) The offense described in this section,
servicing with or selling unapproved brake
ÁXLGLVD&ODVV$PLVGHPHDQRU>F
 E,QVWDOOVRUVHOOVIRULQVWDOODWLRQXSRQD
motor vehicle any motor vehicle pollution con-
WUROV\VWHPIRUZKLFKDFHUWLÀFDWHRIDSSURYDO
KDVQRWEHHQLVVXHGXQGHU256$
(2) The offense described in this section,
making unlawful sales, installations or repre-
sentations concerning vehicle pollution control
systems, is a Class A misdemeanor but each
day of violation does not constitute a separate
RIIHQVH>F†F†@
815.097 Providing vehicle with mercury
light switch. A person commits the offense of
providing a vehicle with a mercury light switch
if the person sells or offers for sale in this state
DYHKLFOHPDQXIDFWXUHGDIWHU-DQXDU\
that contains a mercury light switch mounted
RQWKHKRRGRUWUXQN>F†@
OPERATING WITH UNLAWFUL
EQUIPMENT
815.100 Operation of vehicle that vio-
lates equipment rules; penalty. (1) A person
commits the offense of operation of a vehicle
that violates state equipment administrative
rules if the person drives or moves on any high-
way or owns and causes or knowingly permits
to be driven or moved on any highway a vehicle
LIWKHYHKLFOHRUDQ\HTXLSPHQWRQWKHYHKLFOH
(a) Does not conform to standards estab-
lished by the Department of Transportation
E\UXOHXQGHU256DQG
(b) Does not bear thereon proof of certi-
ÀFDWLRQWKDWLWFRPSOLHVZLWKWKHDSSOLFDEOH
VWDQGDUGV
†@
815.090 Replacement of vehicle win-
dows with unapproved material; penalty.
(1) A person commits the offense of replacement
of vehicle windows with unapproved material if
the person makes or procures the replacement
of windows or windshields in a motor vehicle
and the replacement is made with a material
that does not meet the standards established
by the Department of Transportation under
256
(2) This section does not apply to vehicles
WKDWDUHH[HPSWXQGHU256IURPWKH
prohibitions against operating a vehicle with-
RXWDSSURYHGPDWHULDOVLQWKHYHKLFOHZLQGRZV
Page 320
 3URRIRIFHUWLÀFDWLRQUHTXLUHGXQGHUWKLV
section may be made in any manner provided
XQGHU256
(3) This section is subject to the exemp-
tions from this section established under ORS

(4) Vehicle equipment standards established
E\UXOHXQGHU256VXSHUVHGHDQ\
other equipment standards under the vehicle
FRGHZKHQVRSURYLGHGE\256
(5) The offense described under this sec-
tion, operation of vehicle that violates state
equipment administrative rules, is a Class C
WUDIÀFYLRODWLRQ>F†F
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(2015 Edition)
 9(+,&/((48,30(17*(1(5$//<
815.105 Exemptions from equipment
requirements. This section establishes
H[HPSWLRQVIURP256DQG
([HPSWLRQVXQGHUWKLVVHFWLRQDUHLQDGGLWLRQ
WRDQ\H[HPSWLRQVXQGHU256([HPS-
tions under this section are partial or complete
DVGHVFULEHGLQWKHIROORZLQJ 815.109 Exemption from equipment
(1) Vehicles of special interest that are regis-
WHUHGXQGHU256DUHGHHPHGWRFRPSO\
ZLWK256DQGLI DQGLIDOORI
(a) The vehicles are equipped with original
manufacturer’s equipment and accessories, or
their equivalent, and are maintained in safe
operating condition; or
(b) The vehicles are street rods that conform
WR256
(2) Road machinery, road rollers, implements
of husbandry, farm trailers and farm tractors
DUHH[HPSWIURP256DQG
(3) Antique vehicles are exempt from
256DQGLIWKHYHKLFOHVDUH
maintained as collectors’ items and used for
exhibitions, parades, club activities and similar
uses, but not used primarily for the transpor-
WDWLRQRISHUVRQVRUSURSHUW\
(4) Motorized wheelchairs are exempt from
256DQGZKHQXVHGDVSHU-
PLWWHGXQGHU256
(5) Racing activity vehicles are exempt from
256DQG>F†
F†F†F†
F†F†@
815.107 Exemption from equipment
requirements for street rods. A vehicle of
special interest that is a street rod is exempt
from vehicle equipment requirements under
256    

DQGLIDOORIWKHIRO-
 
if the exhaust is discharged away from the
vehicle and from a location to the rear of the
UHDUHGJHRIWKHIURQWGRRURIWKHYHKLFOH
(2) The vehicle is maintained in safe operat-
LQJFRQGLWLRQ>F†F†@
requirements for racing activity vehicles.
A racing activity vehicle is exempt from vehicle
HTXLSPHQWUHTXLUHPHQWVXQGHU256
WKHIROORZLQJDSSO\
(1) The vehicle is equipped with original
manufacturer’s equipment and accessories or
their equivalent; and
(2) The vehicle is maintained in safe oper-
DWLQJFRQGLWLRQ>F†@
SPECIFIC EQUIPMENT
(Slow-Moving Vehicles)
815.110 Requirements for and use of
slow-moving vehicle emblem. This section
HVWDEOLVKHVUHTXLUHPHQWVIRU2567KH
requirements under this section are in addition
to any other requirements for lighting equip-
PHQWSURYLGHGE\ODZ([FHSWDVVSHFLÀFDOO\
SURYLGHGE\DQH[HPSWLRQXQGHU256
DSHUVRQYLRODWHV256LIWKHSHUVRQ
does not comply with any of the following
UHTXLUHPHQWV
(1) The following types of vehicles must dis-
play slow-moving vehicle emblems described
XQGHU256
(a) Vehicles or combinations of vehicles
designed for customary use at speeds of less
WKDQPLOHVSHUKRXU
(b) Golf carts or similar vehicles when oper-
DWHGE\DSHUVRQZLWKDGLVDELOLW\
ORZLQJDSSO\  F&ODVV,&ODVV,,DQG&ODVV,9DOOWHU-
(1) The vehicle is equipped with original rain vehicles operated on a highway under ORS
manufacturer’s equipment and accessories, 
RUWKHLUHTXLYDOHQWH[FHSWWKDW (2) Slow-moving vehicle emblems must meet
(a) The drive train, suspension system or the requirements for such emblems established
brake system on the original vehicle may be by the Department of Transportation by rule
replaced with a drive train, suspension system XQGHU256
RUEUDNHV\VWHPWKDW (3) Slow-moving vehicle emblems shall be
(A) Conforms to the requirements of ORS GLVSOD\HGRQWKHUHDURIWKHSRZHUXQLW:KHQ
LIDSSOLFDEOH a combination of vehicles is being operated in a
manner that obscures the emblem mounted on
(B) Conforms to applicable standards estab- the power unit, an additional emblem shall be
lished by the Department of Transportation by displayed on the rear of the rearmost vehicle in
UXOHXQGHU256DQG WKHFRPELQDWLRQ>F†F
 &%HDUVDQ\UHTXLUHGSURRIRIFHUWLÀFDWLRQ
that the equipment complies with the applica-
ble standards;
(b) The dimensions of the original body of
the vehicle may be altered if the altered body
conforms to the standards established by the
GHSDUWPHQWE\UXOHXQGHU256 (a) Drives or moves on any highway or owns
(c) The hood, bumpers and fenders of the
vehicle may be removed from the vehicle; and
†F†F†F
†@
815.115 Violation of emblem require-
ments; penalty. (1) A person commits the
offense of violation of slow-moving vehicle
HPEOHPUHTXLUHPHQWVLIWKHSHUVRQ
and causes or knowingly permits to be driven
or moved on any highway a vehicle or combi-
nation of vehicles if the vehicle or combination
 G7KHH[KDXVWV\VWHPPD\EHPRGLÀHGWR RIYHKLFOHV
discharge exhaust along the side of the vehicle

Page 321 (2015 Edition)

 OREGON VEHICLE CODE

 $ ,V UHTXLUHG E\ 256  WR EH (1) Motorcycles and mopeds shall be pro-
equipped with a slow-moving vehicle emblem vided with at least one brake that may be
and the vehicle is not equipped with an emblem RSHUDWHGE\KDQGRUIRRW
LQWKHPDQQHUUHTXLUHGE\256 (2) Motor vehicles other than mopeds or
 % ,V GLVSOD\LQJ D VORZPRYLQJ YHKLFOH motorcycles shall be equipped with brakes
HPEOHPZKHQQRWUHTXLUHGXQGHU256
or in a manner not in conformity with ORS
RU
(b) Displays a slow-moving vehicle emblem
on a highway when not required under ORS

(2) This section is subject to exemptions frommechanism shall not leave the motor vehicle
WKLVVHFWLRQHVWDEOLVKHGXQGHU256
(3) The offense described in this section,
violation of slow-moving vehicle emblem
UHTXLUHPHQWVLVD&ODVV&WUDIÀFYLRODWLRQ
>F†F†F
†@
815.120 Exemptions from emblem
requirements. This section establishes
exemptions from the requirements of ORS
DQG7KHH[HPSWLRQVXQGHU
this section are in addition to any exemptions
that include two separate means of applying
WKHEUDNHV(DFKRIWKHVHSDUDWHPHDQVRI
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
ZLWKRXWEUDNHVRQDWOHDVWWZRZKHHOV
(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
RIWKHYHKLFOHV
(4) Brakes on any vehicle must be adequate
to control movement of and to stop and to hold
WKHYHKLFOHRUFRPELQDWLRQRIYHKLFOHV
(5) Brakes on any vehicle must be main-
WDLQHGLQJRRGZRUNLQJRUGHU
XQGHU2567KHH[HPSWLRQVXQGHUWKLV  (YHU\PRWRUYHKLFOHDQGFRPELQDWLRQRI
section are partial or complete as described in motor vehicles except mopeds or motorcycles
WKHIROORZLQJ shall at all times be equipped with a park-
(1) Vehicles of special interest that are LQJEUDNHV\VWHP$SDUNLQJEUDNHV\VWHP
UHJLVWHUHGXQGHU256DUHGHHPHGWR required by this subsection must meet all the
FRPSO\ZLWKWKHUHTXLUHPHQWVLI IROORZLQJUHTXLUHPHQWV
(a) The vehicles are equipped with original (a) The system must be adequate to hold the
manufacturer’s equipment and accessories, or vehicle or combination of motor vehicles on any
their equivalent, and are maintained in safe grade where operated under any condition of
operating condition; or ORDGLQJRQDVXUIDFHIUHHIURPLFHRUVQRZ
(b) The vehicles are street rods that conform (b) The system shall at all times be capable
WR256 of being applied by either the driver’s muscu-
ODUHIIRUWE\VSULQJDFWLRQRUE\RWKHUHQHUJ\
(2) Antique vehicles are not subject to the This paragraph is violated if the method for
standards if the vehicles are maintained as col- DSSO\LQJWKHV\VWHPLVQRWVXIÀFLHQWWRPDNH
lectors’ items and used for exhibitions, parades,the system hold a vehicle as required by this
club activities and similar uses, but not used VXEVHFWLRQ
primarily for the transportation of persons or
SURSHUW\  F,IWKHV\VWHPLVDSSOLHGE\DQHQHUJ\
source, the source must be isolated from other
(3) Road machinery, road rollers and farm uses and used exclusively for the operation of
tractors are not subject to the requirements WKHV\VWHP
H[FHSWDVSURYLGHGLQWKLVVXEVHFWLRQ6XFK
vehicles or combinations thereof are subject to (d) The method for keeping the brakes
the requirements if the vehicles are designed DSSOLHGPXVWEHRWKHUWKDQE\ÁXLGSUHVVXUH
for use at speeds less than 25 miles per hour, DLUSUHVVXUHRUHOHFWULFHQHUJ\
except when such vehicles are engaged in (e) The system shall be designed so that the
actual construction or maintenance work and brakes cannot be released unless they may be
JXDUGHGE\DÁDJJHURUE\FOHDUYLVLEOHZDUQLQJ LPPHGLDWHO\UHDSSOLHG
VLJQV>F†F† (7) Brakes on vehicles of the following
F†F†@ described weight must be able to stop the vehi-
cle moving at the described speed within the
(Brakes) described distance without leaving a 12-foot
815.125 Requirements and standards. ZLGHODQH
This section establishes requirements for ORS (a) Vehicles with a registration weight of less
([FHSWDVVSHFLÀFDOO\SURYLGHGE\DQ than 8,000 pounds must be able to brake from
H[HPSWLRQXQGHU256DYHKLFOHRU a speed of 20 miles per hour to a stop within
combination of vehicles is in violation of ORS IHHW
LIWKHYHKLFOHRUFRPELQDWLRQRIYHKL-
cles is not equipped with brakes as required (b) Vehicles with a registration weight of
under the following or if the brakes do not meet 8,000 pounds or more and combinations of
WKHVWDQGDUGVGHVFULEHGXQGHUWKHIROORZLQJ vehicles must be able to brake from a speed
from 20 miles per hour to a stop within 35
IHHW>F†F†@

Page 322 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<  

815.130 Improper brakes; penalty. (1) A
person commits the offense of having improper
EUDNHVLIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ rule under the authority granted under ORS
(a) Drives or moves on any highway a vehi-
cle that is not equipped with brakes that meet
UHTXLUHPHQWVXQGHU256
(b) Owns a vehicle and causes or knowingly
permits the vehicle to be driven or moved on
any highway when the vehicle is not equipped
with brakes that meet the requirements under
256
(2) This section is subject to the exemp-
(2) Traction tires or chains that are referred
to in this section are those established by

(3) This section does not apply to vehicles
H[HPSWHGIURPWKLVVHFWLRQXQGHU256
(4) This section only applies to sections of
highway on which a road authority requires
the use of traction tires or chains and on which
signs requiring the use of traction tires or
chains have been posted as provided in ORS

tions from this section established under ORS

(3) The offense described in this section,
LPSURSHUEUDNHVLVD&ODVV&WUDIÀFYLRODWLRQ
>F†F†@
 ([HPSWLRQVIURPEUDNHUHTXLUH-
PHQWV7KLVVHFWLRQHVWDEOLVKHVH[HPSWLRQV
IURP2567KHH[HPSWLRQVXQGHUWKLV
section are in addition to any exemptions under
 $FRXUWVKDOOQRWÀQGDSHUVRQWREHLQ
violation of the offense described under this
section if the court determines that the con-
ditions of the highway at the time the person
was cited did not require posting under rules
DGRSWHGXQGHU2567KHGHIHQVHXQGHU
WKLVVXEVHFWLRQPD\EHDIÀUPDWLYHO\DVVHUWHG
by any person cited for violation of the offense
GHVFULEHGLQWKLVVHFWLRQ
2567KHH[HPSWLRQVXQGHUWKLVVHF-  7KHRIIHQVHGHVFULEHGLQWKLVVHFWLRQ
tion are partial or complete as described in the failure to use vehicle traction tires or chains,
IROORZLQJ LVD&ODVV&WUDIÀFYLRODWLRQ>F†
F†F†@
(1) The following vehicles shall be deemed
in compliance with the brake requirements if 815.145 Exemptions from traction tire
the vehicles are equipped with original manu- or chains requirement. This section estab-
facturer’s equipment and accessories, or their OLVKHV H[HPSWLRQV IURP 256  7KH
equivalent, and maintained in safe operating following are completely or partially exempt
FRQGLWLRQ DVGHVFULEHG
 D([FHSWDVSURYLGHGLQVXEVHFWLRQRI  3ROLFHYHKLFOHVXQGHUDQ\FRQGLWLRQV
this section, vehicles of special interest that
DUHUHJLVWHUHGXQGHU256
(b) Antique vehicles that are registered
XQGHU256
(2) Vehicles of special interest that are
 )LUHYHKLFOHVZKHQUHVSRQGLQJWRDÀUH
(3) An ambulance when responding to an
HPHUJHQF\
(4) A passenger vehicle or truck is not
UHTXLUHGWRXVHFKDLQVLIWKHYHKLFOHRUWUXFN
UHJLVWHUHGXQGHU256DQGWKDWDUH  D+DVDQXQORDGHGZHLJKWRISRXQGV
VWUHHWURGVDVGHÀQHGLQ256VKDOO or less;
be deemed in compliance with the brake
requirements if the street rods conform to ORS  E ,V HTXLSSHG DQG RSHUDWHG WR SURYLGH
 power to both front and rear wheels;
(3) The following vehicles are exempt from  F,VFDUU\LQJFKDLQVDVGHÀQHGLQ256
WKHEUDNHUHTXLUHPHQWV 
 D5RDGPDFKLQHU\  G,VHTXLSSHGZLWKWLUHVRQDOOZKHHOVWKDW
DUHYHKLFOHWUDFWLRQWLUHVDVGHÀQHGLQ256
 E5RDGUROOHUV 
 F)DUPWUDFWRUV  H,VQRWWRZLQJDQRWKHUYHKLFOHRWKHUWKDQ
 G (OHFWULF SHUVRQDO DVVLVWLYH PRELOLW\ as may be necessary to remove disabled vehi-
GHYLFHV>F†F† cles from the roadway; and
F†F†F†@
(Tires)
815.140 Failure to use vehicle trac-
tion tires or chains; penalty. (1) A person
commits the offense of failure to use vehicle
traction tires or chains if the person drives or
moves or owns and causes or knowingly per-
mits to be driven or moved any motor vehicle
or trailer on any highway if the highway is
posted showing conditions that require vehicle
traction tires or chains and the vehicle is not
equipped with vehicle traction tires or chains
WKDWDUHUHTXLUHGIRUWKHSRVWHGFRQGLWLRQV
Page 323
 I,VQRWEHLQJRSHUDWHGLQDPDQQHURU
under conditions where the vehicle loses trac-
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(5) Vehicles exempt by rule under ORS
>F†F†@
815.150>F†F†
F†F†UHSHDOHGE\
F†DQGF†@
815.155 Unlawful use of device with-
out wheels; exemptions; civil liability;
penalty. (1) A person commits the offense of
unlawful use of devices without wheels if the
SHUVRQGRHVDQ\RIWKHIROORZLQJ
(2015 Edition)
 OREGON VEHICLE CODE
(a) Drives or moves on a highway any sled or
other device that does not move exclusively on
revolving wheels or rotating tracks in contact
with the surface of the highway and that has
DORDGHGZHLJKWLQH[FHVVRISRXQGV
(b) Owns a sled or other device that does
not move exclusively on revolving wheels or
rotating tracks in contact with the surface of
the highway and that has a loaded weight in
excess of 500 pounds and causes or permits
the sled or device to be driven or moved on a
KLJKZD\2SHUDWLRQRIDQ\VOHGRUGHYLFHLQ
violation of this section is prima facie evidence
that the owner of the sled or device caused or
permitted the sled or device to be so operated
and the owner shall be liable for any penalties
any block, stud, cleat, bead, chain or other pro-
WXEHUDQFHRIPHWDORURWKHULQÁH[LEOHPDWHULDO
that projects beyond the tread or traction sur-
IDFHRIWKHWLUH
(b) Owns a vehicle and causes or permits
the vehicle to be driven or moved on a high-
way when the vehicle is equipped with any tire
having on its periphery any block, stud, cleat,
bead, chain or other protuberance of metal or
RWKHULQÁH[LEOHPDWHULDOWKDWSURMHFWVEH\RQG
WKHWUHDGRUWUDFWLRQVXUIDFHRIWKHWLUH2SHU-
ation of any vehicle in violation of this section
is prima facie evidence that the owner of the
vehicle caused or permitted the vehicle to be
so operated and the owner shall be liable for
any penalties imposed under subsection (4) of
LPSRVHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
(2) The application of this section is subject
WRWKHIROORZLQJH[HPSWLRQV to the exemptions from this section established
(a) This section does not apply on any way,
thoroughfare or place owned by a district
formed under ORS chapters 545, 547, 551 or
DFRUSRUDWLRQIRUPHGXQGHU256FKDSWHU
(b) This section does not apply on any road
or thoroughfare or property in private owner-
ship or any road or thoroughfare, other than a
state highway or county road, used pursuant to
any agreement with any agency of the United
6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK
(c) Operations authorized under the terms of
DYDULDQFHSHUPLWLVVXHGXQGHU256
DUHVXEMHFWWRWKHWHUPVRIWKHSHUPLW,WLVD
defense to any charge of violation of this section
if the person so charged produces a variance
SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ
the operation issued prior to and valid at the
WLPHRIWKHRIIHQVH
(d) This section does not apply to any vehi-
cle, combination of vehicles, article, machine
or other equipment while being used by the
federal government, the State of Oregon, or any
county or incorporated city in the construction,
maintenance or repair of public highways and
at the immediate location or site of such con-
VWUXFWLRQPDLQWHQDQFHRUUHSDLU
(e) This section does not apply to vehicles
while being used on the roads of a road author-
ity by mass transit districts for the purposes
DXWKRUL]HGXQGHU256WRSUR-
vided the operation is approved by the road
DXWKRULW\IRUWKDWURDG
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
unlawful use of devices without wheels, is a
&ODVV&WUDIÀFYLRODWLRQ>F†
WKLVVHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
unlawful use of metal objects on tires, is a
&ODVV&WUDIÀFYLRODWLRQ>F†
F†@
815.165 Exemptions from prohibition
on tires with metal objects. This section
HVWDEOLVKHVH[HPSWLRQVIURP256
The exemptions under this section are in addi-
WLRQWRDQ\XQGHU256([HPSWLRQV
are partial or complete as described in the
IROORZLQJ
(1) Any vehicle on any way, thoroughfare or
place owned by a district formed under ORS
chapters 545, 547, 551 or a corporation formed
XQGHU256FKDSWHU
(2) Any vehicle 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
DOLFHQVHHRIVXFKDJHQF\RUERWK
(3) Operations approved under a variance
SHUPLWLVVXHGXQGHU256DUHVXEMHFW
WRWKHWHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVH
WRDQ\FKDUJHRIYLRODWLRQRI256LI
the person so charged produces a variance
SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ
the operation issued prior to and valid at the
WLPHRIWKHRIIHQVH
(4) Vehicles actually engaged at the time in
FRQVWUXFWLRQRUUHSDLURIKLJKZD\VLQWKLVVWDWH
(5) Traction engines moved upon dirt or
XQLPSURYHGURDGV
F†F†@  9HKLFOHVHTXLSSHGZLWKFKDLQVDVGHÀQHG
LQ256
815.160 Unlawful use of metal objects
on tires; civil liability; penalty. (1) A person (7) Between November 1 of any year and
commits the offense of unlawful use of metal April 1 of the following year, vehicles equipped
objects on tires if the person does any of the with any tire having on its periphery studs
IROORZLQJ of metal or other material projecting beyond
the tread surface of the tire not less than
(a) Drives or moves on a highway any vehicle IRXUKXQGUHGWKVLQFKQRUPRUHWKDQ
equipped with any tire having on its periphery VL[KXQGUHGWKVLQFKDQGPDGHRIVXFK

Page 324 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<
material that the studs will wear, through use,
at the same rate as the tread surface of the
WLUH:KHQWKHSUHVHUYDWLRQRIWKHKLJKZD\
surface or the safety of the traveling public so
indicates, the Department of Transportation
shall have the authority to shorten or lengthen
the period for the permissible use of such tires
LQDQ\DUHDRIWKHVWDWHVSHFLÀFDOO\GHVLJQDWHG
E\WKHGHSDUWPHQW
(8) School buses with a loaded weight of
SRXQGVRUPRUH
 
(a) Drives, operates or moves on a highway
any vehicle or combination of vehicles that is
not equipped with pneumatic tires made of
HODVWLFPDWHULDO
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combina-
tion of vehicles to be driven, operated or moved
on a highway when not equipped with pneu-
PDWLFWLUHVPDGHRIHODVWLFPDWHULDO2SHUDWLRQ
of any vehicle or combination of vehicles in vio-
lation of this section is prima facie evidence
 (PHUJHQF\YHKLFOHVDQGDPEXODQFHV
XVHGLQDQHPHUJHQF\VLWXDWLRQ
(10) Motor vehicles used for regularly sched-
XOHGPHGLFDOWUDQVSRUWVHUYLFHV
(11) The owner or lessee of any land adjoin-
ing any highway may move across or along the
highway any tractor or implement of husbandry
for the purpose of planting, cultivating, caring
for or harvesting any crop, on condition that
the owner or lessee shall be liable to the State
RI2UHJRQIRUWKHEHQHÀWRIWKH6WDWH+LJKZD\
Fund with respect to state highways, or to the
SURSHUFRXQW\IRUWKHEHQHÀWRIWKHFRXQW\URDG
fund with respect to county highways, for any
damage or injury done to the highway by the
PRYHPHQW
(12) Vehicles equipped with retractable
VWXGGHGWLUHVDVGHÀQHGLQ256>
F†F†F†
F†F†@
815.167 Prohibition on selling studs
other than lightweight studs; exemp-
that the owner of the vehicle or combination
caused or permitted the vehicle or combination
to be so operated and the owner shall be liable
for any penalties imposed under subsection (4)
RIWKLVVHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
operation without pneumatic tires, is a Class
&WUDIÀFYLRODWLRQ>F†F
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815.175 Exemptions from pneumatic
tire requirement. This section establishes
H[HPSWLRQVIURP2567KHH[HPS-
tions under this section are in addition to any
H[HPSWLRQVXQGHU256([HPSWLRQV
are partial or complete as described in the
IROORZLQJ
tion. ([FHSWDVSURYLGHGLQVXEVHFWLRQ
of this section, a tire dealer may not sell a tire
equipped with studs that are not lightweight
VWXGV
(2) A tire dealer may not sell a stud other
than a lightweight stud for installation in a
WLUH
(1) Vehicles are not subject on any way, thor-
oughfare or place owned by a district formed
under ORS chapters 545, 547, 551 or a corpo-
UDWLRQIRUPHGXQGHU256FKDSWHU
(2) Vehicles are not subject on any road, thor-
oughfare or property in private ownership or
any road or thoroughfare, other than a state
 $VXVHGLQWKLVVHFWLRQ highway or county road, used pursuant to
any agreement with any agency of the United
 D´/LJKWZHLJKWVWXGµPHDQVDVWXGWKDWLV 6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK
recommended by the manufacturer of the tire
IRUWKHW\SHDQGVL]HRIWKHWLUHDQGWKDW (3) Operation authorized under the terms of
DYDULDQFHSHUPLWLVVXHGXQGHU256
 $:HLJKVQRPRUHWKDQJUDPVLIWKH LVVXEMHFWWRWKHWHUPVRIWKHSHUPLW,WVKDOO
stud is size 14 or less; be a defense to any charge of violation of ORS
 %:HLJKVQRPRUHWKDQJUDPVLIWKH LIWKHSHUVRQVRFKDUJHGSURGXFHVD
VWXGVL]HLVRURU YDULDQFHSHUPLWLVVXHGXQGHU256
authorizing the operation of the vehicle or com-
 &:HLJKVQRPRUHWKDQJUDPVLIWKH bination of vehicles issued prior to and valid
VWXGVL]HLVRUODUJHU DWWKHWLPHRIWKHRIIHQVH
 E´7LUHGHDOHUµPHDQVDSHUVRQHQJDJHGLQ
a business, trade, occupation, activity or enter-
prise that sells, transfers, exchanges or barters
WLUHVRUWLUHUHODWHGSURGXFWVIRUFRQVLGHUDWLRQ
(4) A tire dealer may sell a tire equipped
with studs that are not lightweight studs if
WKHVWXGVDUHUHWUDFWDEOH>F†
F†F†@
815.170 Operation without pneumatic
tires; civil liability; penalty. (1) A person
commits the offense of operation without
pneumatic tires if the person does any of the
IROORZLQJ
Page 325
  256  GRHV QRW DSSO\ WR DQ\
implement of husbandry that is equipped
with any tires made of elastic material other
than pneumatic tires or with tires made with
any nonelastic material that are not prohib-
LWHGXQGHU256DQGWKDWKDVDORDGHG
weight of not more than 7,000 pounds and a
loaded weight as measured at any axle of not
PRUHWKDQSRXQGV
(5) Vehicles of special interest that are
UHJLVWHUHGXQGHU256DUHGHHPHGLQ
FRPSOLDQFHLI
(2015 Edition)
 OREGON VEHICLE CODE

(a) The vehicles are equipped with original wheels that is not more than 10 inches above
manufacturer’s equipment and accessories, or the surface of the highway when the vehicle is
their equivalent, and are maintained in safe HPSW\
operating condition; or  F7\SH,,,IHQGHUVRUPXGJXDUGVPXVW
(b) The vehicles are street rods that conform extend in full width from a point on the wheels
WR256 that is above and forward of the center of the
  256  GRHV QRW DSSO\ WR URDG tire over a point at the rear of the wheel that
PDFKLQHU\URDGUROOHUVRUIDUPWUDFWRUV is not more than 27 inches above the surface of
WKHKLJKZD\>F†F†
 256GRHVQRWDSSO\WRDQWLTXH
vehicles if the vehicles are maintained as col-
lectors’ items and used for exhibitions, parades,
club activities and similar uses, but not used
primarily for the transportation of persons or
SURSHUW\>F†F†
F†F†F†@
815.182 Kinds of fenders or mudguards
UHTXLUHGIRUVSHFLÀHGYHKLFOHVSODFH-
ment. (1) The following types of vehicles must
be equipped with the proper type of fenders or
F†@ PXGJXDUGVDVGHVFULEHGLQ256
 D7\SH,IHQGHUVRUPXGJXDUGVVKDOOEH
(Mudguards, Fenders) ZLWKLQÀYHIHHWRIWKHWLUHWUHDGRIWKHWLUHVRQ
WKHODVWD[OHRI
815.180 Standards. This section desig-
nates fender and mudguard standards for  $(YHU\PRWRUWUXFNHTXLSSHGZLWKDERG\
256([FHSWDVVSHFLÀFDOO\SURYLGHG that has a registration weight of 8,000 pounds
E\DQH[HPSWLRQXQGHU256DYHKLFOH RUPRUH
LVLQYLRODWLRQRI256LIWKHYHKLFOHLV  % (YHU\ WUDLOHU H[FHSW RQH RWKHUZLVH
not equipped with fenders or mudguards as GHVFULEHGLQWKLVVXEVHFWLRQ
UHTXLUHGXQGHU256RULIWKHIHQGHUV
or mudguards do not meet the standards of  &(YHU\FRPPHUFLDOEXV
this section or are not of the type required by  E7\SH,,IHQGHUVRUPXGJXDUGVVKDOOEH
WKLVVHFWLRQ7KHVWDQGDUGVIRUIHQGHUVDQG within four feet of the tire tread of the tires on
PXGJXDUGVDUHDVIROORZV WKHODVWD[OHRI
(1) There are three different types of fenders  $(YHU\PRWRUWUXFNZLWKDUHJLVWUDWLRQ
DQGPXGJXDUGV$Q\YHKLFOHUHTXLUHGWRKDYH weight of 8,000 pounds or more that is not
fenders and mudguards may be equipped with HTXLSSHGZLWKDERG\
DQ\IHQGHUFRYHUÁDSRUVSODVKDSURQWRFRPSO\
ZLWKWKHUHTXLUHPHQWVRI256IRUIHQG-  %$SROHWUDLOHU
ers and mudguards as long as the fenders and (C) A jeep used in the movement of nondi-
PXGJXDUGVPHHWDOORIWKHIROORZLQJVWDQGDUGV YLVLEOHKHDY\KDXOORDGV
(a) The width of any fender or mudguard  '$ERRVWHU
required under this section must be of suf-
ÀFLHQWVL]HVRWKDWWKHIHQGHURUPXGJXDUG  ($ORZER\
extends at least to each side of the width of
the tire or combined width of the multiple tires
when measured against the cross section of
the tread of the wheel or the combined cross
VHFWLRQVRIWKHWUHDGVRIWKHPXOWLSOHZKHHOV
 )$FRQWDLQHUFKDVVLV)RUSXUSRVHVRIWKLV
subparagraph, a container chassis is a frame
with wheels, attached to a tractor, that is used
to transport containers to and from ports, rail
KXEVDQGFXVWRPHUORFDWLRQV
(b) Any fender or mudguard required under
WKLVVHFWLRQPXVWEHRIVXIÀFLHQWVL]HDQGPXVW
be so constructed as to be capable at all times of
DUUHVWLQJDQGGHÁHFWLQJDQ\GLUWPXGZDWHU
or other substance that may be picked up and
FDUULHGE\WKHZKHHOV
(2) The following types of fenders or mud-
guards must cover the wheels of the vehicle in
the manner described in paragraphs (a), (b)
 F7\SH,,,IHQGHUVRUPXGJXDUGVVKDOOEH
on each axle of every motor vehicle not other-
ZLVHGHVFULEHGLQWKLVVHFWLRQ
(2) For purposes of this section, a truck trac-
tor and a semitrailer coupled together shall be
FRQVLGHUHGRQHYHKLFOH>F†
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815.185 Operation without proper fend-
DQGFRIWKLVVXEVHFWLRQ ers or mudguards; penalty. (1) A person
commits the offense of operation without
 D7\SH,IHQGHUVRUPXGJXDUGVPXVWH[WHQG
in full width from a point on the wheels that
is above and forward of the center of the tires
over to a point at the rear of the wheels that is
not more than 10 inches, or, if attached to the
rear of a dump box that elevates for unloading,
not more than 13 inches, above the surface of
WKHKLJKZD\ZKHQWKHYHKLFOHLVHPSW\
proper fenders or mudguards 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 vehicle without fend-
HUVRUPXGJXDUGVDVUHTXLUHGE\256
or if the fenders or mudguards fail to meet the
standards for fenders and mudguards estab-
OLVKHGXQGHU256
 E 7\SH ,, IHQGHUV RU PXGJXDUGV PXVW  ([HPSWLRQVWRWKLVVHFWLRQDUHHVWDE-
extend downward in full width from a point OLVKHGXQGHU256
behind the wheels that is not lower than half-
way between the center of the wheels and the  ,IDSHUVRQZKRLVFLWHGIRUYLRODWLRQRI
top of the tires to a point at the rear of the the offense under this section submits evidence

3DJH (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<  

satisfactory to the court that the fenders or   $ YHKLFOH H[FHHGV 9LVLEOH (PLVVLRQ
mudguards on the vehicle subject to the cita- 6WDQGDUG,LIWKHYHKLFOHSURGXFHVDQ\YLVLEOH
tion have been added, repaired or replaced to emissions that include any gases or particu-
FRPSO\ZLWKWKHUHTXLUHPHQWVRI256 lates, other than uncombined water, which
DQGWKHFRXUWVKDOOGLVPLVVWKHFKDUJH separately or in combination are visible upon
for violation of the offense without penalty to UHOHDVHWRWKHRXWGRRUDWPRVSKHUH
WKHSHUVRQ  $YHKLFOHH[FHHGV9LVLEOH(PLVVLRQ6WDQ-
(4) The offense described in this section, GDUG,,LIWKHYHKLFOHLVRSHUDWHGDWDQHOHYDWLRQ
operation without proper fenders or mud- described under this subsection and the vehicle
JXDUGVLVD&ODVV&WUDIÀFYLRODWLRQ> produces a visible emission in excess of that
F†F†F† DOORZHGXQGHUWKLVVXEVHFWLRQ9LVLEOHHPLV-
F†@ sions limited under this subsection include any
815.190 Exemptions from mudguard gases or particulates, other than uncombined
and fender requirements. This section water, which separately or in combination are
HVWDEOLVKHV H[HPSWLRQV IURP 256  YLVLEOHXSRQUHOHDVHWRWKHRXWGRRUDWPRVSKHUH
DQG7KHH[HPSWLRQVXQGHUWKLVVHF- The limitations on visible emission under this
tion are in addition to any exemptions under subsection are limits on the percent of trans-
256  7KH H[HPSWLRQV HVWDEOLVKHG mitted light that is obscured by the visible
under this section are partial or complete as HPLVVLRQ $ YHKLFOH YLRODWHV WKH VWDQGDUGV
GHVFULEHGLQWKHIROORZLQJ under this subsection if the vehicle does any
RIWKHIROORZLQJ
(1) Vehicles of special interest that are
UHJLVWHUHGXQGHU256DUHGHHPHGLQ (a) While operated at an elevation of 3,000
compliance with the requirements and stan- feet or less, releases emissions that obscure
GDUGVLI PRUHWKDQSHUFHQWRIWUDQVPLWWHGOLJKW$
vehicle is not in violation of this paragraph
(a) The vehicles are equipped with original if the vehicle releases emissions that obscure
manufacturer’s equipment and accessories, 40 percent or less of transmitted light for not
or their equivalent, and maintained in safe ORQJHUWKDQVHYHQFRQVHFXWLYHVHFRQGV
operating condition; or
(b) While operated at an elevation of over
(b) The vehicles are street rods that conform 3,000 feet, releases emissions that obscure
WR256 PRUHWKDQSHUFHQWRIWUDQVPLWWHGOLJKW$
(2) Road machinery, road rollers and farm vehicle is not in violation of this paragraph
tractors are exempt from the standards and if the vehicle releases emissions that obscure
UHTXLUHPHQWV SHUFHQWRUOHVVRIWUDQVPLWWHGOLJKWIRUQRW
ORQJHUWKDQVHYHQFRQVHFXWLYHVHFRQGV>
(3) Antique vehicles are exempt from the F†F†@
standards and requirements if the vehicles
are maintained as collectors’ items and used 815.200 Violation of visible emission
for exhibitions, parades, club activities and limits; penalty. (1) A person commits the
similar uses, but not used primarily for the offense of violation of visible emission limits
WUDQVSRUWDWLRQRISHUVRQVRUSURSHUW\ if the person operates, drives and causes or
SHUPLWVWREHGULYHQRQDQ\KLJKZD\
(4) A motor truck is exempt from the
requirements to be equipped with fenders or (a) A motor vehicle, other than one described
mudguards if the vehicle has just a chassis in paragraph (b) of this subsection, that has
WKDWLVQRWHTXLSSHGIRUKDXOLQJDORDG visible emissions exceeding visible emissions
DOORZHGXQGHU9LVLEOH(PLVVLRQ6WDQGDUG,
(5) Fenders or mudguards are not required XQGHU256
RQ DQ\ PRGLÀHG $PHULFDQPDGH SUH
YHKLFOHRUDQ\LGHQWLÀDEOHYLQWDJHRUUHSOLFD (b) A motor vehicle powered by compression
thereof that is titled as a later assembled vehi- ignition, two cycle or diesel cycle engines or a
cle or replica and is used for show and pleasure YHKLFOHH[FOXGHGE\RUGHURIWKH(QYLURQPHQWDO
use when such vehicle is used and driven only 4XDOLW\&RPPLVVLRQXQGHU256$DQG
during fair weather on well-maintained, the vehicle has visible emissions exceeding vis-
KDUGVXUIDFHGURDGV>F† LEOHHPLVVLRQVDOORZHGXQGHU9LVLEOH(PLVVLRQ
F†F†F† 6WDQGDUG,,XQGHU256
F†F†F†@ (2) The exemptions from this section are
HVWDEOLVKHGXQGHU256
(Visible Emissions)
(3) The offense described in this section, vio-
815.195 Requirements and standards. lation of visible emission limits, is a Class D
This section establishes requirements for ORS WUDIÀFYLRODWLRQ>F†F
([FHSWDVVSHFLÀFDOO\SURYLGHGE\ †@
DQH[HPSWLRQXQGHU256DYHKLFOH 815.205 Exemptions from visible
LVLQYLRODWLRQRI256LIWKHYHKLFOHLV emission limits. This section establishes
required to comply with one of the following H[HPSWLRQVIURP256DQG
standards for visible emissions and the vehicle The exemptions under this section are in addi-
produces visible emissions that exceed those WLRQWRDQ\H[HPSWLRQVXQGHU256
allowable under the described standard, as ([HPSWLRQVXQGHUWKLVVHFWLRQDUHSDUWLDORU
IROORZV FRPSOHWHDVGHVFULEHGLQWKHIROORZLQJ

Page 327 (2015 Edition)

 OREGON VEHICLE CODE
(1) Motor vehicles registered as farm vehi-
FOHVXQGHU256DUHQRWVXEMHFWWRWKH
OLPLWVRQYLVLEOHHPLVVLRQV
(2) Vehicles of special interest and antique
vehicles are not subject to the limits on visi-
ble emissions if the vehicles are maintained
as a collectors’ item and used for exhibitions,
parades, club activities and similar uses, but
not used primarily for the transportation of
SHUVRQVRUSURSHUW\
(3) The visible emission limits apply only
in counties having a population over 50,000
according to the 1970 federal decennial census
that are located west of the summit of the Cas-
FDGH0RXQWDLQV7KHVXPPLWRIWKH&DVFDGH
Mountains is determined for purposes of this
subsection by the line beginning at the inter-
section of the northern boundary of the State
of Oregon and the western boundary of Wasco
County, thence southerly along the western
boundaries of the counties of Wasco, Jeffer-
VRQ'HVFKXWHVDQG.ODPDWKWRWKHVRXWKHUQ
ERXQGDU\RIWKH6WDWHRI2UHJRQ>F
PDWHULDOVLQZLQGRZVLVD&ODVV&WUDIÀFYLR-
ODWLRQ>F†F†
F†F†F†@
815.215 Failure to have windshield
wipers; exemptions; penalty. (1) A person
commits the offense of failure to have wind-
shield 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
PHHWWKHUHTXLUHPHQWVXQGHUWKLVVHFWLRQ
(2) Windshield wipers meet the require-
ments of this section if the windshield wipers
are designed for cleaning rain or other mois-
ture from the windshield and so constructed
as to be controlled or operated by the driver of
WKHYHKLFOH
(3) This section does not apply to the follow-
LQJYHKLFOHV
(a) Vehicles of special interest that are reg-
LVWHUHGXQGHU256DQGWKDWDUH
†@  $(TXLSSHGZLWKRULJLQDOPDQXIDFWXUHU·V
equipment and accessories, or their equivalent,
(Windows) and that are maintained in safe operating con-
815.210 Operation of vehicle without dition; or
approved material in windows; exemp- (B) The vehicles are street rods that conform
tions; penalty. (1) A person commits the WR256
offense of operation of a vehicle without
approved materials in windows if the person (b) Road machinery, road rollers or farm
drives or moves on any highway or owns and WUDFWRUV
causes or knowingly permits to be driven or (c) Antique vehicles that are maintained
moved on any highway a motor vehicle with a as collectors’ items and used for exhibitions,
windshield or windows that do not conform to parades, club activities and similar uses, but
the standards established by the Department not used primarily for the transportation of
RI7UDQVSRUWDWLRQXQGHU256 SHUVRQVRUSURSHUW\
(2) This section does not apply to the follow-  G0RWRUF\FOHV
LQJYHKLFOHV
(4) The offense described in this section,
(a) Any motor vehicle manufactured on or failure to have windshield wipers, is a Class
before January 1, 1954, and registered in this &WUDIÀFYLRODWLRQ>F†F
VWDWH7KHH[HPSWLRQXQGHUWKLVSDUDJUDSK †F†@
does not apply to windshields or windows that
KDYHEHHQUHSODFHGDIWHU-DQXDU\ 815.220 Obstruction of vehicle win-
dows; penalty. (1) A person commits the
(b) Vehicles of special interest that are reg- offense of obstruction of vehicle windows if
LVWHUHGXQGHU256DQGWKDWDUH the person drives or moves on any highway or
 $(TXLSSHGZLWKRULJLQDOPDQXIDFWXUHU·V owns and causes or knowingly permits to be
equipment and accessories, or their equivalent, driven or moved on any highway any vehicle
that are maintained in safe operating condi- with windows obstructed in a manner prohib-
tion; or LWHGXQGHUWKLVVHFWLRQ
 %6WUHHWURGVWKDWFRQIRUPWR256 (2) The windows of a vehicle are obstructed
in a manner prohibited by this section if any
(c) Road machinery, road rollers or farm material that prevents or impairs the ability to
WUDFWRUV see into or out of the vehicle is upon any vehi-
(d) Antique vehicles that are maintained FOHZLQGRZGHVFULEHGLQWKLVVXEVHFWLRQ7KLV
as collectors’ items and used for exhibitions, subsection applies to any sign, poster, one-way
parades, club activities and similar uses, but JODVVDGKHVLYHÀOPJOD]HDSSOLFDWLRQRURWKHU
not used primarily for the transportation of material if the material prevents or impairs
SHUVRQVRUSURSHUW\ WKHDELOLW\WRVHHLQWRRURXWRIWKHYHKLFOH
This subsection only applies to the following
(3) The vehicle exemptions under this sec- ZLQGRZVRIWKHYHKLFOH
tion are also exemptions from the prohibitions
XQGHU256DJDLQVWUHSODFLQJYHKLFOH  D7KHIURQWZLQGVKLHOG
window or windshield with any unapproved  E7KHVLGHZLQJV
PDWHULDODVSURYLGHGLQWKDWVHFWLRQ
(c) The side windows on either side forward
(4) The offense described in this section, RIRUDGMDFHQWWRWKHRSHUDWRU·VVHDW
operation of a vehicle without approved

Page 328 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<  

(3) Nothing in this section prohibits safety another person in the person’s household has
glazing materials of a type that conforms to a physical condition requiring window tinting
VWDQGDUGVHVWDEOLVKHGXQGHU256 that produces a lower light transmittance than
(4) Nothing in this section prohibits DOORZHGE\WKLVVHFWLRQ
placement of permits in accordance with  D$QDIÀGDYLW
WKHSURYLVLRQVRI256RUZLWKUXOHV  E$SUHVFULSWLRQ
adopted by the Department of Transportation
XQGHU256  F$OHWWHURQWKHSUDFWLWLRQHU·VOHWWHUKHDG
(5) Nothing in this section prohibits the  7KHGRFXPHQWUHTXLUHGE\VXEVHFWLRQ
application of tinting material to the windows of this section shall be kept in the vehicle and
of a motor vehicle in compliance with ORS VKDOOEHVKRZQWRDSROLFHRIÀFHUZKRLQTXLUHV
 DERXWWKHWLQW
 7KHRIIHQVHGHVFULEHGLQWKLVVHFWLRQ
obstruction of vehicle windows, is a Class D
WUDIÀFYLRODWLRQ>F†F
†F†F†F
†F†F†@
(7) There are no light transmittance require-
ments for glazing materials applied to AS-3
W\SHZLQGRZV
(8) The following types of tinting material
DUHQRWSHUPLWWHG
815.221 Tinting; authorized and
SURKLELWHGPDWHULDOVFHUWLÀFDWH(1) Not-
withstanding any other provision of law, a
person may apply tinting material to the win-
dows of a motor vehicle in compliance with this
VHFWLRQ
 D0LUURUÀQLVKSURGXFWV
(b) Red, gold, yellow, amber or black
PDWHULDO
(c) Tinting material that is in liquid preap-
SOLFDWLRQIRUPDQGLVEUXVKHGRUVSUD\HGRQ
(2) Tinting material may be applied to the  (DFKSHUVRQZKRLQVWDOOVZLQGRZWLQWLQJ
VLGHDQGUHDUZLQGRZVRIDPRWRUYHKLFOHLI material in compliance with this section shall
(a) The tinting material has a light trans- give the person who requested the installation
mittance of 50 percent or more; DFHUWLÀFDWHVWDWLQJ
 E7KHWLQWLQJPDWHULDOKDVDOLJKWUHÁHF- (a) The name and address of the person who
tance of 13 percent or less; and installed the tint;
(c) The total light transmittance through (b) The light transmittance of the tinting
the window with the tinting material applied material;
LVSHUFHQWRUPRUH
(3) Tinting material that has a lower light
transmittance or produces a lower total light
transmittance than permitted in subsection (2)
(a) and (c) of this section may be applied to the
WRSVL[LQFKHVRIDZLQGVKLHOG7LQWLQJPDWHULDO
 F7KHOLJKWUHÁHFWDQFHRIWKHWLQWLQJPDWH-
rial; and
(d) That the total light transmittance
through each window with the tinting mate-
ULDODSSOLHGLVQRWOHVVWKDQSHUFHQW
may not be applied to any other portion of the
ZLQGVKLHOG
(4) Tinting material that has a lower light
transmittance or produces a lower total light
transmittance than permitted in subsection
(2)(a) and (c) of this section may be applied
to all windows of a multipurpose passenger
YHKLFOHWKDWDUHEHKLQGWKHGULYHU7KLVVXEVHF-
tion applies only to vehicles that are equipped
with rearview mirrors on each side of the
YHKLFOH7KHZLQGRZVDVWLQWHGVKDOOPHHW
the requirements for AS-3 glazing material
HVWDEOLVKHGE\IHGHUDOUHJXODWLRQ)RUSXUSRVHV
of this subsection, a “multipurpose passenger
YHKLFOHµLVDPRWRUYHKLFOHZLWKPRWLYHSRZHU
that is designed to carry 10 or fewer persons
and is constructed either on a truck chassis
or with special features for occasional off-road
RSHUDWLRQ
(5) Tinting material that has a lower light
transmittance or produces a lower total light
transmittance than permitted in subsection (2)
(a) and (c) of this section may be applied to the
side and rear windows of a vehicle registered
 7KHFHUWLÀFDWHLVVXHGXQGHUVXEVHFWLRQ
(9) of this section shall be kept in the motor
YHKLFOHDQGVKDOOEHVKRZQWRDSROLFHRIÀFHU
ZKRLQTXLUHVDERXWWKHWLQW
(11) Prohibitions and penalties related to
the standards established under this section
DUHSURYLGHGXQGHU256>F
†F†F†@
815.222 Illegal window tinting; dis-
missal; penalty. (1) A person commits the
offense of illegal window tinting if the person
applies window tinting material that does not
FRPSO\ZLWK256RUDSSOLHVZLQGRZ
tinting material to a window of a motor vehicle
WKDWLVQRWDXWKRUL]HGE\256WREH
HTXLSSHGZLWKZLQGRZWLQWLQJPDWHULDO
(2) A person commits the offense of oper-
ating a vehicle with illegal window tinting
if the person operates a vehicle registered or
required to be registered in Oregon that is
equipped with window tinting material that
is not in compliance with or authorized by ORS

in the name of a person, or the person’s legal  (DFKRIIHQVHGHVFULEHGLQWKLVVHFWLRQLV
guardian, if the person has any of the following D&ODVV%WUDIÀFYLRODWLRQ
documents signed by a validly licensed physi- (4) A court may dismiss a citation issued for
cian or optometrist stating that the person or violation of subsection (2) of this section, or

Page 329 (2015 Edition)

 OREGON VEHICLE CODE
UHGXFHWKHÀQHWKDWWKHFRXUWZRXOGRWKHUZLVH
have imposed for the offense, if the defendant
establishes to the satisfaction of the court that
after the citation for the offense was issued
WKHZLQGRZVRIWKHYHKLFOHZHUHPRGLÀHGWR
FRPSO\ZLWKWKHUHTXLUHPHQWVRI256
,QGHWHUPLQLQJZKHWKHUWKHZLQGRZVRIWKH
YHKLFOH ZHUH PRGLÀHG WR FRPSO\ ZLWK WKH
UHTXLUHPHQWVRI256WKHFRXUWPD\
FRQVLGHU horn in good working order, capable of emitting
(a) A receipt from a business for removing
nonconforming window tinting or installation
of conforming window tinting;
(b) A written statement by a law enforce-
PHQWRIÀFHULQGLFDWLQJWKDWWKHZLQGRZWLQWLQJ
ZDVPRGLÀHGWRFRPSO\ZLWKWKHUHTXLUHPHQWV
RI256DQG
(c) Any other evidence produced by the defen-
GDQWWRVKRZPRGLÀFDWLRQRUUHPRYDORIWKH
QRQFRQIRUPLQJZLQGRZWLQWLQJ
(5) A court may dismiss a citation issued for
violation of subsection (2) of this section, or
UHGXFHWKHÀQHWKDWWKHFRXUWZRXOGRWKHUZLVH
have imposed for the offense, if the defendant
establishes to the satisfaction of the court
that at the time the citation for the offense
was issued the person or another person in
815.230 Violation of sound equipment
requirements; exemptions; penalty. (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
RIWKHIROORZLQJHTXLSPHQWSURYLVLRQV
(a) A motor vehicle must be equipped with a
sounds audible under normal conditions from
DGLVWDQFHRIQRWOHVVWKDQIHHW
(b) No vehicle shall be equipped with any
EHOOVLUHQFRPSUHVVLRQRUH[KDXVWZKLVWOH
(2) This section is subject to the exemptions
under this subsection in addition to any exemp-
WLRQVXQGHU2567KHH[HPSWLRQV
under this subsection are partial or complete
DVGHVFULEHGLQWKHIROORZLQJ
(a) Authorized emergency vehicles are sub-
ject to sound equipment requirements and
OLPLWDWLRQVDVSURYLGHGLQ256DQG

(b) Vehicles of special interest that are reg-
LVWHUHGXQGHU256DUHQRWVXEMHFWWR
WKLVVHFWLRQLIWKHYHKLFOHVDUH
the person’s household had a physical condi-  $(TXLSSHGZLWKRULJLQDOPDQXIDFWXUHU·V
tion requiring window tinting that produces a equipment and accessories, or their equivalent,
lower light transmittance than allowed by ORS and are maintained in safe operating condi-
,QGHWHUPLQLQJZKHWKHUWKHSHUVRQRU tion; or
another person in the person’s household had a  %6WUHHWURGVWKDWFRQIRUPWR256
physical condition that requires window tint-
ing that produces a lower light transmittance, (c) Bicycles are subject to requirements and
the court may consider any of the following limitations on sound equipment as provided
documents signed by a validly licensed physi- XQGHU256
cian or optometrist stating that the person has (d) Antique vehicles are not subject to the
a physical condition requiring window tinting requirements if the vehicles are maintained
that produces a lower light transmittance than as collectors’ items and used for exhibitions,
DOORZHGE\256 parades, club activities and similar uses, but
 D$QDIÀGDYLW not used primarily for the transportation of
SHUVRQVRUSURSHUW\
 E$SUHVFULSWLRQ
(e) The requirements do not apply to road
 F$OHWWHURQWKHSUDFWLWLRQHU·VOHWWHUKHDG PDFKLQHU\URDGUROOHUVDQGIDUPWUDFWRUV
>F†F†F†@
 I  (OHFWULF SHUVRQDO DVVLVWLYH PRELOLW\
+RUQV6RXQG(TXLSPHQW devices are subject to requirements and lim-
815.225 Violation of use limits on sound itations on sound equipment as provided under
equipment; exemptions; penalty. (1) A 256
person commits the offense of violation of use (3) The offense described in this section,
limits on sound equipment if the person does violation of vehicle sound equipment require-
DQ\RIWKHIROORZLQJ PHQWVLVD&ODVV&WUDIÀFYLRODWLRQ>F
(a) Uses upon a vehicle, any bell, siren, com- †F†F†
SUHVVLRQRUH[KDXVWZKLVWOH F†@
(b) Uses a horn otherwise than as a reason-
able warning or makes any unnecessary or
unreasonably loud or harsh sound by means
RIDKRUQRURWKHUZDUQLQJGHYLFH
(2) Authorized emergency vehicles and
ambulances are not subject to this section but
DUHVXEMHFWWR256DQG
(3) The offense described in this section,
violation of use limits on sound equipment, is
D&ODVV&WUDIÀFYLRODWLRQ>F†@
Page 330
6RXQG6\VWHP$PSOLÀFDWLRQ
 8QUHDVRQDEOHVRXQGDPSOLÀFD-
tion from a vehicle; penalty. (1) A person
commits the offense of causing unreasonable
VRXQGDPSOLÀFDWLRQIURPDYHKLFOHLIWKHSHUVRQ
operates, or permits the operation of, any sound
DPSOLÀFDWLRQV\VWHPZKLFKLVSODLQO\DXGLEOH
outside of a vehicle from 50 or more feet when
the vehicle is on a public highway or on prem-
ises open to the public, unless that system is
being operated to request assistance or warn
RIDKD]DUGRXVVLWXDWLRQ
(2015 Edition)
 9(+,&/((48,30(17*(1(5$//<  

(2) Subsection (1) of this section does not moved on any highway when the vehicle is not
DSSO\WR equipped with a rearview mirror or device that
(a) Vehicles being operated outside of an PHHWVWKHUHTXLUHPHQWVXQGHUWKLVVHFWLRQ
urban growth boundary; (2) A rearview mirror or device only meets
 E(PHUJHQF\YHKLFOHVDVGHÀQHGLQ256 the requirements of this section if it enables
 the driver of the vehicle to have such a clear
and unobstructed view of the rear at all times
 F9HKLFOHVRSHUDWHGE\XWLOLWLHVGHÀQHG
XQGHU256RURU
WHOHFRPPXQLFDWLRQVFDUULHUVDVGHÀQHGLQ256
 XQREVWUXFWHGURDG
(d) Sound systems of vehicles used for adver-
tising, or in parades, political or other special
events, except that the use of sound systems
on those vehicles may be prohibited by a local
authority by ordinance or resolution;
(e) Audio alarm systems installed in vehi-
cles; or
(f) Federal Communications Commission
licensed two-way radio communications
V\VWHPV
(3) As used in subsection (1) of this sec-
WLRQ´SODLQO\DXGLEOHµPHDQVDQ\VRXQGIRU
which the information content of that sound is
unambiguously communicated to the listener
including, but not limited to, understandable
spoken speech, comprehension of whether a
voice is raised or normal or comprehensible
PXVLFDOUK\WKPVRUYRFDOVRXQGV
(4) The offense described in this section,
FDXVLQJXQUHDVRQDEOHVRXQGDPSOLÀFDWLRQIURP
DYHKLFOHLVD&ODVV'WUDIÀFYLRODWLRQ>
F†F†F†@
NoteDQGZHUHDGGHGWR
and made a part of the Oregon Vehicle Code
by legislative action but were not added to
256FKDSWHURUDQ\VHULHVWKHUHLQ6HH
Preface to Oregon Revised Statutes for further
H[SODQDWLRQ
815.233 Enhancement of penalty for
violation of ORS 815.232. A person otherwise
and under all conditions of load as will enable
the driver to see any other vehicle approaching
from not less than 200 feet in the rear on an
(3) This section does not apply to the follow-
LQJYHKLFOHV
(a) Vehicles of special interest that are reg-
LVWHUHGXQGHU256DQGWKDWZHUHQRW
equipped with rearview mirrors when origi-
QDOO\PDQXIDFWXUHG
(b) Road machinery, road rollers or farm
WUDFWRUV
(c) Antique vehicles that are registered
XQGHU256DQGWKDWZHUHQRWHTXLSSHG
with rearview mirrors when originally
PDQXIDFWXUHG
(4) The offense described in this section,
operation without a rearview mirror, is a Class
&WUDIÀFYLRODWLRQ>F†F
†F†@
815.237 Forward crossview mirror;
failure to inspect; exemptions; penalty.
(1) As used in this section, “forward crossview
PLUURUµPHDQVDPLUURURUGHYLFHWKDWHQDEOHV
the driver of a motor truck to have a clear and
unobstructed view of persons or objects directly
LQIURQWRIWKHPRWRUWUXFN
(2) A person commits the offense of failure
to inspect if the person operates a motor truck
with a combined weight of more than 10,000
pounds used in commercial delivery and the
SHUVRQ
(a) Operates the motor truck without a for-
FRQYLFWHGRIDYLRODWLRQXQGHU256 ward crossview mirror; or
FRPPLWVDPLVGHPHDQRULI (b) Fails to visually inspect the intended
(1) The person has been convicted of three or path of the vehicle to verify that the path is free
PRUHYLRODWLRQVRI256ZLWKLQ of persons or objects before the person reenters
months immediately preceding the commission WKHPRWRUWUXFN
of the offense; and
(2) The prior convictions are admitted by the
defendant or alleged in the accusatory plead-
LQJ>F†F†@
Note6HHQRWHXQGHU
(Mirrors)
815.235 Operation without rearview
mirror; exemptions; penalty. (1) A person
commits the offense of operation without a
rearview mirror if the person does any of the
IROORZLQJ (e) Vehicles used for solid waste or recycling
(a) Drives or moves on any highway any
motor vehicle that is not equipped with a
rearview mirror or device that meets the
UHTXLUHPHQWVXQGHUWKLVVHFWLRQ
(b) Owns a motor vehicle and causes or
knowingly permits the vehicle to be driven or
Page 331
 7KLVVHFWLRQGRHVQRWDSSO\WR
(a) Commercial buses;
(b) Tow vehicles;
(c) Vehicles owned or operated by the United
States or by any governmental jurisdiction
within the United States except when owned
or operated as a carrier of property for hire;
(d) Vehicles owned or operated by a mass
WUDQVLWGLVWULFWFUHDWHGXQGHU256FKDSWHU
or
FROOHFWLRQ
(4) The offense described in this section, fail-
XUHWRLQVSHFWLVD&ODVV&WUDIÀFYLRODWLRQ
>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
(2015 Edition)
 OREGON VEHICLE CODE

but was not added to ORS chapter 815 or any causes or knowingly permits to be driven or
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG moved on any highway a motor vehicle that
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ is not equipped with an exhaust system that
PHHWVWKHUHTXLUHPHQWVXQGHUWKLVVHFWLRQ
(Image Display Devices)
(2) An exhaust system only meets the
815.240 Unlawful use of image display requirements of this section if all of the fol-
device; exemptions; penalty. (1) As used ORZLQJDSSO\
LQWKLVVHFWLRQ´LPDJHGLVSOD\GHYLFHµPHDQV (a) The exhaust system must be in good
equipment capable of displaying to the driver ZRUNLQJRUGHU
RIDPRWRUYHKLFOH
(b) The exhaust system must be in constant
(a) A broadcast television image; or RSHUDWLRQ
(b) A visual image from a digital video disc (c) The exhaust system must meet noise
RUYLGHRFDVVHWWHSOD\HU emission standards determined by the
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI 'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\WREH
this section, a person commits the offense of substantially equivalent to the following stan-
unlawful use of an image display device if the dards based upon a stationary test conducted
person drives or moves on any highway, or at a distance of 25 feet in accordance with
owns and causes or knowingly permits to be procedures established by the Department of
driven or moved on any highway, any motor (QYLURQPHQWDO4XDOLW\
vehicle equipped with any image display device ___________________________________
that is displaying a broadcast television image
or a visual image from a digital video disc or Maximum
video cassette player that is visible to the level, Model,
GULYHUZKLOHRSHUDWLQJWKHPRWRUYHKLFOH Vehicle type dBA Year
(3) Subsection (2) of this section does not , 0RWRUYHKLFOHV
DSSO\WR required to
 D(PHUJHQF\YHKLFOHVRU establish a
registration
(b) Use of image display devices that are weight under
GLVSOD\LQJLPDJHVIRUQDYLJDWLRQDOSXUSRVHV  256
(4) The offense described in this section, and commercial
unlawful use of an image display device, is buses 94 before
D&ODVV%WUDIÀFYLRODWLRQ>F†    
F†F†@
91 DQG
(Clearance) after
815.245 Violation of minimum clear- ,, 0RWRUF\FOHVDQG
ance requirements for passenger vehicles; mopeds 94 before
penalty. (1) A person commits the offense of
violation of minimum clearance requirements    
for passenger vehicles if the person drives or 91 
moves on any highway or owns and causes or
knowingly permits to be driven or moved on 89 DIWHU
any highway any passenger motor vehicle that ,,,0RWRUYHKLFOHV
does not have the clearance from the surface not described
RIWKHURDGZD\UHTXLUHGE\WKLVVHFWLRQ  XQGHU,RU,,   before
(2) A vehicle does not have the clearance    
from the surface of the roadway required by
this section if any portion of the vehicle, other 88 DQG
than the wheels, has less clearance from the after
surface of a level roadway than the clearance
between the roadway and the lowest portion ___________________________________
of any rim of any wheel in contact with the
URDGZD\ (3) This section does not apply to the follow-
LQJYHKLFOHV
(3) The offense described in this section,
violation of minimum clearance requirements (a) Vehicles of special interest that are reg-
IRUSDVVHQJHUYHKLFOHVLVD&ODVV%WUDIÀFYLR- LVWHUHGXQGHU256DQGWKDWDUH
ODWLRQ>F†@  $(TXLSSHGZLWKRULJLQDOPDQXIDFWXUHU·V
equipment and accessories, or their equivalent,
(Exhaust System) and that are maintained in safe operating con-
815.250 Operation without proper dition; or
exhaust system; exemptions; penalty.  %6WUHHWURGVWKDWFRQIRUPWR256
(1) A person commits the offense of operation (b) Road machinery, road rollers or farm
without proper exhaust system if the person WUDFWRUV
drives or moves on any highway or owns and

Page 332 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<
(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
SHUVRQVRUSURSHUW\
(4) The court in its discretion may dismiss
a citation issued for violation of the offense
described in this section if evidence is pre-
sented that the exhaust system complies with
RUKDVEHHQUHSDLUHGRUPRGLÀHGWRFRPSO\ZLWK
WKHUHTXLUHPHQWVXQGHUWKLVVHFWLRQ
(5) The offense described in this section,
operation without proper exhaust system, is
D&ODVV&WUDIÀFYLRODWLRQ>F†
F†F†F†
F†@
(Speedometer)
815.255 Operation of vehicle for hire
without speedometer; exemptions; pen-
alty. (1) A person commits the offense of
operation of a vehicle for hire without a speed-
ometer if the person drives or moves on any
highway or owns and causes or knowingly per-
mits to be driven or moved on any highway a
motor vehicle used for carrying passengers for
hire that is not equipped with a speedometer or
other registering device capable of registering
accurately the speed at which the vehicle is
RSHUDWHG
(2) This section is subject to the following
exemptions in addition to any exemptions
XQGHU256
(a) A motor vehicle equipped with a gover-
nor or other regulating device to control its
VSHHGZLWKLQWKHOLPLWVVSHFLÀHGE\ODZLV
not required to be equipped as this section
VSHFLÀHV
(b) Vehicles of special interest that are
UHJLVWHUHGXQGHU256DUHGHHPHG
in compliance with the requirements of this
VHFWLRQLI RWKHUZLVH
(A) The vehicles are equipped with original
manufacturer’s equipment and accessories,
or their equivalent, and maintained in safe
 
the offense of operation of a recreational vehicle
ZLWKXQVHDOHGGLVSRVDOV\VWHPLI
(a) The person has the use, possession or
control of any vehicle or structure constructed
for movement on highways;
(b) The vehicle or structure is equipped with
DSOXPELQJVLQNRUWRLOHWÀ[WXUHDQG
(c) The disposal system for the vehicle or
structure is unsealed or uncapped while the
vehicle or structure is in any way or place of
ZKDWHYHUQDWXUHRSHQWRWKHXVHRIWKHSXEOLF
(2) For purposes of this section, a way or
place open to the use of the public includes,
but is not limited to, highways, roads, streets,
alleys, lanes, trails, beaches, parks and rec-
reational use areas owned or operated by the
state, a county or local municipality for use by
WKHJHQHUDOSXEOLF
(3) This section does not apply to disposal
systems being discharged into or connected
with a sewage disposal system approved by
WKH2UHJRQ+HDOWK$XWKRULW\
(4) The offense described in this section,
operation of a recreational vehicle with
XQVHDOHGGLVSRVDOV\VWHPLVD&ODVV&WUDIÀF
YLRODWLRQ>F†F†
F†F†@
815.265>F†UHSHDOHGE\
F†@
(Loads)
815.270 Operating vehicle that is loaded
or equipped to obstruct driver; penalty.
(1) A person commits the offense of operating
a vehicle that is loaded or equipped to obstruct
the driver if the person is operating a vehicle
that is loaded or equipped or where baggage or
DQHQFXPEUDQFHGRHVDQ\RIWKHIROORZLQJ
(a) Substantially obstructs the driver’s views
to the rear, through one or more mirrors and
(b) Obstructs the driver’s view to the front
RUVLGHV
operating condition; or
(B) The vehicles are street rods that conform
WR256
(c) Antique vehicles are exempt from the
requirements of this section if the vehicles
are maintained as collector’s items and used
for exhibitions, parades, club activities and
similar uses, but not used primarily for the
WUDQVSRUWDWLRQRISHUVRQVRUSURSHUW\
(3) The offense described in this section,
operation of a vehicle for hire without a speed-
RPHWHULVD&ODVV&WUDIÀFYLRODWLRQ>
F†F†F†
F†@
(Disposal System)
815.260 Operation of recreational
vehicle with unsealed disposal system;
exemption; penalty. (1) A person commits
Page 333
 F,QWHUIHUHVZLWKFRQWURORIWKHGULYLQJ
PHFKDQLVP
(d) Prevents the free, unhampered operation
RIWKHYHKLFOHE\WKHGULYHU
(2) The offense described in this section,
vehicle loaded or equipped to obstruct driver,
LVD&ODVV&WUDIÀFYLRODWLRQ>F†
F†@
815.275 Failure to mark end of load
ZLWKOLJKWRUÁDJZKHQUHTXLUHGSHQDOW\
(1) A person commits the offense of failure to
PDUNWKHHQGRIDORDGZLWKDOLJKWRUÁDJZKHQ
required if the person drives or moves on any
highway or owns and causes or knowingly per-
mits to be driven or moved on any highway any
vehicle with a load that extends to the rear
four feet or more beyond the bed or body of the
YHKLFOHDQGWKHSHUVRQIDLOVWR
(a) Place end load lights described under
256  DW WKH H[WUHPH UHDU HQG RI
(2015 Edition)
 OREGON VEHICLE CODE

the load, in addition to any other rear light
required upon every vehicle, at times when
limited visibility conditions exist; or
(b) At any other time, display at the extreme
UHDUHQGRIWKHORDGDUHGÁDJRUFORWKQRWOHVV
WKDQLQFKHVVTXDUH
(2) The offense described in this section,
the person sells or offers for sale any bicycle
headgear that does not meet the standards
established by the Department of Transpor-
WDWLRQXQGHU256
(2) A person commits the offense of unlaw-
fully renting or leasing a bicycle to another if
WKHSHUVRQ
IDLOXUHWRPDUNHQGRIORDGZLWKOLJKWRUÁDJ
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(Bicycles)
815.280 Violation of bicycle equipment
requirements; penalty. (1) A person commits
the offense of violation of bicycle equipment
requirements if the person does any of the
IROORZLQJ (Motorized Wheelchairs)
(a) Operates on any highway a bicycle in
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 D,VLQWKHEXVLQHVVRIUHQWLQJRUOHDVLQJ
bicycles; and
(b) Does not have bicycle headgear approved
XQGHU256DYDLODEOHIRUUHQWDOIRUXVH
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(3) The offenses described in this section
DUH&ODVV'WUDIÀFYLRODWLRQV>F†
F†@
815.282 Operating motorized wheel-
chair on bicycle lane without proper
 E,VWKHSDUHQWRUJXDUGLDQRIDPLQRUFKLOG
or ward and authorizes or knowingly permits
the child or ward to operate a bicycle on any
highway in violation of the requirements of
WKLVVHFWLRQ
(2) A bicycle is operated in violation of the
requirements of this section if any of the fol-
ORZLQJUHTXLUHPHQWVDUHYLRODWHG 
(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
PLOHVSHUKRXURQGU\OHYHOFOHDQSDYHPHQW
(b) A person shall not install or use any siren
RUZKLVWOHXSRQDELF\FOH7KLVSDUDJUDSKGRHV
QRWDSSO\WRELF\FOHVXVHGE\SROLFHRIÀFHUV
(c) At the times described in the following,
a bicycle or its rider must be equipped with
lighting equipment that meets the described
UHTXLUHPHQWV
(A) The lighting equipment must be used
GXULQJOLPLWHGYLVLELOLW\FRQGLWLRQV
(B) The lighting equipment must show a
white light visible from a distance of at least
lighting equipment. (1) A person commits
the offense of operating a motorized wheel-
chair on a bicycle lane or path without proper
lighting equipment if the person operates a
motorized wheelchair on a bicycle lane or path
and the person is not equipped with lighting
equipment required of bicyclists under ORS
(2) This section applies at the times
GHVFULEHGLQ256IRUDSSOLFDWLRQRI
the lighting requirements of that section to
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(3) The offense described in this section,
operating a motorized wheelchair on a bicycle
lane or path without proper lighting equip-
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(Motor Assisted Scooters)
815.283 Violation of motor assisted
scooter equipment requirements; penalty.
(1) A person commits the offense of violation
of motor assisted scooter equipment require-
PHQWVLIWKHSHUVRQ
IHHWWRWKHIURQWRIWKHELF\FOH
(C) The lighting equipment must have a red
UHÁHFWRURUOLJKWLQJGHYLFHRUPDWHULDORIVXFK
size or characteristic and so mounted as to
EHYLVLEOHIURPDOOGLVWDQFHVXSWRIHHWWR
the rear when directly in front of lawful lower
EHDPVRIKHDGOLJKWVRQDPRWRUYHKLFOH
(3) Nothing contained in this section shall
be construed to prohibit the use of additional
parts and accessories on any bicycle consistent
ZLWKWKLVVHFWLRQ
(4) The offense described in this section,
violation of bicycle equipment requirements,
 D,VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ
with legal responsibility for the safety and
ZHOIDUHRIDFKLOGXQGHU\HDUVRIDJHDQG
authorizes or knowingly permits the child to
operate a motor assisted scooter on any high-
way in violation of the requirements of this
section; or
(b) Operates a motor assisted scooter on
any highway during times of limited visibility
conditions and the motor assisted scooter is
not equipped with, or the person does not use,
lighting equipment that meets the following
UHTXLUHPHQWV
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F†F†F†
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815.281 Selling noncomplying bicycle
headgear; renting or leasing bicycle with-
out having approved headgear available;
penalties. (1) A person commits the offense
of selling noncomplying bicycle equipment if
 $,IWKHPRWRUDVVLVWHGVFRRWHULVHTXLSSHG
ZLWKOLJKWLQJHTXLSPHQW
(i) The lighting equipment must include a
white light visible from a distance of at least
300 feet to the front and sides of the motor
assisted scooter;
(ii) The lighting equipment must have a red
UHÁHFWRURUOLJKWLQJGHYLFHRUPDWHULDORIVXFK

Page 334 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<
size or characteristic, mounted to be visible
from all distances up to 500 feet to the rear
when directly in front of lawful lower beams
of headlights on a motor vehicle; and
(iii) The lighting equipment must have a
ZKLWHRU\HOORZUHÁHFWRURUOLJKWLQJGHYLFHRU
material of such size or characteristic, mounted
to be visible from all distances up to 200 feet
WRWKHIURQWRIWKHPRWRUDVVLVWHGVFRRWHU
 
device equipment requirements, is a Class D
WUDIÀFYLRODWLRQ>F†@
(Warning Devices)
815.285 Failure to carry roadside vehi-
cle warning devices; exemptions; penalty.
(1) A person commits the offense of failure to
FDUU\URDGVLGHYHKLFOHZDUQLQJGHYLFHVLI
(a) The person drives or moves on any high-
 % ,I WKH PRWRU DVVLVWHG VFRRWHU LV QRW way or owns and causes or knowingly permits
equipped with lighting equipment, the oper- to be driven or moved on any highway any vehi-
DWRURIWKHPRWRUDVVLVWHGVFRRWHUPXVWZHDU cle subject to the requirements to use roadside
(i) A white light mounted to be visible from YHKLFOHZDUQLQJGHYLFHVXQGHU256
all distances up to 300 feet to the front and and
sides of the motor assisted scooter; (b) The vehicle does not carry such roadside
 LL$UHGUHÁHFWRURUOLJKWLQJGHYLFHRU
material of such size or characteristic, mounted
to be visible from all distances up to 500 feet to
the rear when directly in front of lawful lower
beams of headlights on a motor vehicle; and
vehicle warning devices as the Department
of Transportation may require under ORS

(2) This section does not apply to any of the
IROORZLQJ
 LLL$ZKLWHRU\HOORZUHÁHFWRURUOLJKWLQJ (a) Vehicles that are not subject to the
device, or material of such size or character- requirements to use roadside vehicle warning
istic, mounted to be visible from all distances GHYLFHVXQGHU256
up to 200 feet to the front of the motor assisted
VFRRWHU
(2) Nothing in this section prohibits the
use of additional parts and accessories on any
motor assisted scooter not inconsistent with
WKLVVHFWLRQ
(3) The offense described in this section,
violation of motor assisted scooter equipment
UHTXLUHPHQWVLVD&ODVV'WUDIÀFYLRODWLRQ
>F†@
 E$WDQ\WLPHEHWZHHQVXQULVHDQGVXQVHW
(c) To any vehicles operated within a busi-
QHVVGLVWULFWRUUHVLGHQFHGLVWULFW
(3) The offense described in this section, fail-
ure to carry roadside vehicle warning devices,
LVD&ODVV&WUDIÀFYLRODWLRQ>F†
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(Implements of Husbandry)
815.290 Exemptions from equipment
(Electric Personal Assistive requirements. ,QDGGLWLRQWRDQ\RWKHU
Mobility Devices) VSHFLÀFH[HPSWLRQVSURYLGHGIRULPSOHPHQWV
815.284 Violation of electric personal of husbandry, implements of husbandry are
assistive mobility device equipment exempt from any requirements under the
requirements; penalty. (1) A person com- IROORZLQJ
mits the offense of violation of electric personal  D256DQGUHODWLQJWR
assistive mobility device equipment require- VWDWHUHTXLUHPHQWVIRUYHKLFOHHTXLSPHQW
PHQWVLIWKHSHUVRQ
 E 256    WR
(a) Operates an electric personal assistive     DQG
mobility device during times of limited vis- UHODWLQJWRUHTXLUHPHQWVIRUDQGXVH
ibility conditions and the electric personal RIOLJKWLQJHTXLSPHQW
assistive mobility device or the operator is not
HTXLSSHGZLWKDQGXVLQJWKHIROORZLQJ  F256DQGUHODWLQJWR
EUDNHUHTXLUHPHQWV
(A) A white light visible from a distance of
at least 500 feet to the front and sides of the  G256DQGUHODWLQJWR
electric personal assistive mobility device; and IHQGHUDQGPXGJXDUGUHTXLUHPHQWVDQGXVH
 %$UHGUHÁHFWRUOLJKWLQJGHYLFHRUPDWH-  H256UHODWLQJWRPDWHULDOLQ
rial of such size or characteristic as to be ZLQGVKLHOGV
YLVLEOHIURPDOOGLVWDQFHVXSWRIHHWWRWKH  I256UHODWLQJWRUHTXLUHPHQWV
rear when the electric personal assistive mobil- IRUZLQGVKLHOGZLSHUV
ity device is directly in front of lawful lower
beams of headlights on a motor vehicle; or  J256UHODWLQJWRYHKLFOHVRXQG
HTXLSPHQW
 E,QVWDOOVRUXVHVDQ\VLUHQRUZKLVWOHXSRQ
DQHOHFWULFSHUVRQDODVVLVWLYHPRELOLW\GHYLFH  K 256  UHODWLQJ WR UHDUYLHZ
PLUURUV
(2) Nothing in this section prohibits the use
of additional parts and accessories not incon-  L256UHODWLQJWRLPDJHGLVSOD\
VLVWHQWZLWKWKLVVHFWLRQ GHYLFHVLQYHKLFOHV/LPLWDWLRQVRQWKHXVHRI
image display devices in implements of hus-
(3) The offense described in this section, vio- EDQGU\DUHSURYLGHGLQ256
lation of electric personal assistive mobility

Page 335 (2015 Edition)

 OREGON VEHICLE CODE

 M256UHODWLQJWRYHKLFOHH[KDXVW
DQGH[KDXVWHTXLSPHQW
(2) This section does not exempt implements
of husbandry from the requirements for equip-
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(Pollution Control Equipment)
V\VWHP([HPSWLRQVHVWDEOLVKHGE\WKLVVHFWLRQ
are in addition to any exemptions established
E\2567KHH[HPSWLRQVHVWDEOLVKHGLQ
this section are also applicable to requirements
IRUFHUWLÀFDWLRQRISROOXWLRQFRQWUROHTXLSPHQW
EHIRUHUHJLVWUDWLRQXQGHU256DQG
 $OO RI WKH IROORZLQJ YHKLFOHV DUH
exempt from the requirements under ORS

815.295 Failure to have required pol-
lution control equipment; exemptions;
penalty. (1) A person commits the offense of
failure to be equipped with required pollu-
tion control equipment if the person operates
a motor vehicle upon a highway or leaves a
motor vehicle standing upon a highway and
the vehicle is not equipped with a motor vehicle
SROOXWLRQFRQWUROV\VWHPDVGHÀQHGXQGHU256
 $Q\YHKLFOHWKDWLVQRWDPRWRUYHKLFOH
(2) Any vehicle unless the vehicle is regis-
WHUHGZLWKLQ
(a) The boundaries of the metropolitan ser-
YLFHGLVWULFWIRUPHGXQGHU256FKDSWHU
IRUWKHPHWURSROLWDQDUHDDVGHÀQHGLQ256
ZKLFKLQFOXGHVWKH&LW\RI3RUWODQG
2UHJRQ
$WKDWLVLQFRPSOLDQFHZLWKPRWRU
vehicle pollutant, noise control and emission
VWDQGDUGVDGRSWHGE\WKH(QYLURQPHQWDO4XDO-
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(2) A person shall not be found in viola-
tion of this section if proof of compliance has
 E %RXQGDULHV GHVLJQDWHG E\ WKH (QYL-
ronmental Quality Commission under ORS
$
(3) Any new motor vehicle or new motor
vehicle engine when the registration results
IURPWKHLQLWLDOUHWDLOVDOHWKHUHRI
been issued for the vehicle in compliance with
256:KHQHYHUSURRIRIFRPSOLDQFH
is revoked, suspended or restricted because a
FHUWLÀHGV\VWHPDVGHÀQHGLQ256$
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actual use or is otherwise mechanically defec-
tive, the defect must be corrected or the system
must be brought into compliance with the rules
of the commission within 30 days after such
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 $Q\PRWRUYHKLFOH
(a) Not registered in areas designated under
subsection (2)(a) of this section, including any
expansion of such boundary under subsection
(2)(b) of this section, with a model year that
predates by more than 20 years the year in
which registration or renewal of registration
is required; or
(b) Registered in areas designated under
subsection (2)(a) of this section, including any
 ([HPSWLRQVWRWKLVVHFWLRQDUHHVWDE- expansion of such boundary under subsection
OLVKHGXQGHU256,QDGGLWLRQWRVXFK (2)(b) of this section, with a model year of 1974
exemptions, the following exemptions to this RUHDUOLHU
VHFWLRQDUHHVWDEOLVKHG (5) Motor vehicles that are registered as
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on motor vehicles registered in designated
counties, such vehicles are not required to be
in compliance with such rules until after the
date of registration, reregistration or renewal
of the vehicle immediately subsequent to the
  6SHFLDO LQWHUHVW YHKLFOHV WKDW DUH
maintained as collectors’ items and used
for exhibitions, parades, club activities and
similar uses but not used primarily for the
WUDQVSRUWDWLRQRISHUVRQVRUSURSHUW\
HIIHFWLYHGDWHRIWKHUXOH  )L[HGORDGYHKLFOHV
 E,PSOHPHQWVRIKXVEDQGU\URDGPDFKLQ-
ery, road rollers and farm tractors are exempt
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(c) Antique vehicles maintained as collec-
(8) Vehicles that are proportionally reg-
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accordance with agreements established under
256
tors’ items and used for exhibitions, parades,
club activities and similar uses, but not used
primarily for the transportation of persons or
SURSHUW\DUHH[HPSWIURPWKLVVHFWLRQ
(4) The offense described in this section,
failure to be equipped with required pollution
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815.300 Exemptions from requirement
to be equipped with pollution control
system. This section establishes exemptions
IURPWKHUHTXLUHPHQWVXQGHU256WR
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3DJH
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does not exempt hybrid motor vehicles that use
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(10) First response rescue units operated
by political subdivisions of this state that are
not used to transport persons who are ill or
LQMXUHGRUZKRKDYHGLVDELOLWLHV
(11) A vehicle that is currently registered
in Oregon at the time application for new
registration is received by the Department
of Transportation if the new registration is a
result of a change in the registration or plate
type and the application is received at least
(2015 Edition)
 9(+,&/((48,30(17*(1(5$//<  

four months prior to the expiration of the exist-  ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF-

LQJUHJLVWUDWLRQ WLRQZKHQDFHUWLÀFDWHRIFRPSOLDQFHLVXVHG
 *ROIFDUWV DVSURRIWKHFHUWLÀFDWHPXVWFRPSO\ZLWKDOO
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,9DOOWHUUDLQYHKLFOH  D,WPXVWEHVLJQHGE\DSHUVRQOLFHQVHG
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(14) An original equipment manufacturer
vehicle that is engineered, designed, produced  E ,W PXVW EH GDWHG QRW PRUH WKDQ 
and warranted to use natural gas as its only days prior to the motor vehicle registration or
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 5DFLQJDFWLYLW\YHKLFOHV>F  F,WPXVWEHRQDIRUPVXSSOLHGE\WKH
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†F†F†F† must include such information as the depart-
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815.305 Disconnection or alteration
of pollution control equipment; penalty.
(1) A person commits the offense of unlawful
disconnection or alteration of pollution con-
trol equipment if the person does any of the
IROORZLQJ PXVWEHFHUWLÀHGDVIUHTXHQWO\DVDSULYDWHO\
(a) Disconnects or permits to be discon-
nected a factory installed motor vehicle air
pollution control device or a factory-installed
V\VWHPDVGHÀQHGLQ256$RUNQRZ-
ingly and willfully permits such device or
factory-installed system to become or remain
LQRSHUDWLYH
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valid for a motor vehicle that is registered as a
JRYHUQPHQWRZQHGYHKLFOHXQGHU256
DSROLFHXQGHUFRYHUYHKLFOHXQGHU256
or a state-owned vehicle with regular regis-
WUDWLRQSODWHVXQGHU256WKHYHKLFOH
owned vehicle of the same registration type is
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subsection, the registration type of a privately
owned vehicle is determined by the registration
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local government vehicles, the proof of certi-
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facilities provided by local governmental agen-
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(2) The following exemptions to this section
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(a) This section does not apply when facto-
ry-installed motor vehicle air pollution control
equipment, systems or devices are discon-
nected for the purpose of conversion to gaseous
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SHWUROHXPJDVHVDQGQDWXUDOJDVHVLQOLTXHÀHG
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(b) This section is not intended to prohibit
the use of replacement, conversion, turbo-
charger or other alternative components in a
FHUWLÀHGRUIDFWRU\LQVWDOOHGV\VWHPLIWKHFRP-
SRQHQWVGRQRWVLJQLÀFDQWO\DIIHFWWKHHIÀFLHQF\
or effectiveness of the system in controlling air
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(3) The offense described in this section,
unlawful disconnection or alteration of
pollution control equipment, is a Class A mis-
demeanor, but each day of violation does not
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FLHV/RFDOJRYHUQPHQWDODJHQFLHVSURYLGLQJ
self-testing facilities may not be charged a fee
in connection with provision of the required
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department expenses in administering such
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 8VHRILPSURSHUFHUWLÀFDWHIRU
pollution control system; penalty. (1) A
person commits the offense of use of improper
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person makes, issues or knowingly uses any
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(2) The offense described in this section,
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day of violation does not constitute a separate
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815.320 Unlawful certification of
compliance with pollution control
requirements; penalty. (1) A person com-
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compliance with pollution control requirements
LIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
815.310 Proof of compliance with  D)DOVHO\FHUWLÀHVWKDWDPRWRUYHKLFOHLV
requirements. When proof of compliance HTXLSSHGZLWKDIXQFWLRQLQJFHUWLÀHGV\VWHP
with pollution control equipment requirements DVGHÀQHGLQ256$RUWKDWWKHPRWRU
LVUHTXLUHGXQGHU256DQG vehicle complies with the rules and standards
WKHIROORZLQJDSSO\ DGRSWHGE\WKH(QYLURQPHQWDO4XDOLW\&RP-
(1) The proof may be provided by any means PLVVLRQXQGHU256$
that the Department of Transportation and the
(QYLURQPHQWDO4XDOLW\&RPPLVVLRQGHWHUPLQH
by joint rulemaking or by interagency agree-
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 E)DOVLÀHVDQ\LQIRUPDWLRQRQWKHFHU-
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(c) With a purpose to defraud or with intent,
causes registration of a motor vehicle that

Page 337 (2015 Edition)

 OREGON VEHICLE CODE
would not otherwise be eligible for registra-
tion because of its failure to comply with rules
DQGVWDQGDUGVDGRSWHGE\WKH(QYLURQPHQWDO
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(2) The offense described in this section,
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pollution control requirements, is a Class A
misdemeanor, but each day of violation does
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815.325 Unlawfully requiring repair
IRUFHUWLÀFDWLRQRIFRPSOLDQFHZLWKSRO-
lution control requirements; penalty. (1)
A person commits the offense of unlawfully
UHTXLULQJUHSDLUIRUFHUWLÀFDWLRQZLWKSROOXWLRQ
control requirements if the person requires as
DFRQGLWLRQRIWKHLVVXDQFHRIDFHUWLÀFDWLRQRI
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repairs or services unnecessary for compliance
with rules or standards adopted under ORS
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(2) The offense described in this section,
XQODZIXOO\UHTXLULQJUHSDLUIRUFHUWLÀFDWLRQ
of compliance with pollution control require-
ments, is a Class A misdemeanor, but each
day of violation does not constitute a separate
RIIHQVH>F†@
815.400 > F †  F †
F†F†F†
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(Odometer Offenses)
815.405 Department review of odometer
disclosure statements. (1) The Department
of Transportation may establish a program of
reviewing department records and odometer
disclosure statements to determine vehicles
that may have incorrect odometer disclosures
or on which the odometer may have been
DOWHUHG7KHSURJUDPPD\LQFOXGHDQ\SURFH-
dures the department determines appropriate
including, but not limited to, the comparison
of odometer disclosures for individual vehicles
with statistical information on statistically
odometer in a motor vehicle any device which
causes the odometer to register any mileage
RWKHUWKDQWKHWUXHPLOHDJHGULYHQ)RUWKH
purposes of this paragraph the true mileage
driven is that mileage driven by the vehicle as
registered by the odometer within the manu-
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(b) With the intent to defraud, operates
a motor vehicle on any street or highway
knowing that the odometer of such vehicle is
GLVFRQQHFWHGRUQRQIXQFWLRQDO
(c) Replaces, disconnects, turns back or
resets the odometer of any motor vehicle with
the intent to reduce the number of miles indi-
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(2) This section does not apply to a person
who is servicing, repairing or replacing an
RGRPHWHULQFRPSOLDQFHZLWK256
(3) The owner or subsequent purchaser of
a vehicle may bring an action in an appropri-
ate court of this state against any person who
violates this section and may recover from the
person an amount of $1,500 or treble the actual
GDPDJHFDXVHGE\WKHYLRODWLRQ2QO\DVLQJOH
recovery is permitted under this subsection
IRUDQ\VLQJOHYLRODWLRQRIWKLVVHFWLRQ7KH
court may award reasonable attorney fees to
the prevailing party in an action under this
VXEVHFWLRQ
(4) The offense described in this section, ille-
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815.415 Unlawful repair of odometer;
rules; civil action; penalty. (1) A person
commits the offense of unlawful repair of
an odometer if the person services, repairs
or replaces the odometer on any vehicle and
the person does not comply with all of the
IROORZLQJ
(a) Whenever possible, the person shall
perform the work on the odometer without
changing the mileage reading from that shown
RQWKHRGRPHWHUEHIRUHWKHZRUNLVSHUIRUPHG
average mileage for vehicles within a certain  E,ILWLVQRWSRVVLEOHWRSHUIRUPWKHZRUN
SHULRGRIWLPH without changing the mileage reading, the
 ,IWKHGHSDUWPHQWGHWHUPLQHVXQGHUWKLV SHUVRQPXVWGRDOORIWKHIROORZLQJ
section that it is likely that a vehicle or vehicles  $$GMXVWWKHRGRPHWHUUHDGLQJWR]HUR
have incorrect odometer disclosures or have
odometers that have been illegally altered, the (B) Place a notice on the left door frame
GHSDUWPHQWPD\GRDQ\RIWKHIROORZLQJ of the vehicle specifying the mileage read-
ing prior to the work and the date the work
 D5HSRUWWKHÀQGLQJVRIWKHGHSDUWPHQWWR ZDVSHUIRUPHG$QRWLFHUHTXLUHGXQGHUWKLV
WKHRZQHUVRUSXUFKDVHUVRIWKHYHKLFOHV subparagraph must be in writing and must
 E5HSRUWWKHÀQGLQJVRIWKHGHSDUWPHQWWR
HQIRUFHPHQWRIÀFLDOVFKDUJHGZLWKHQIRUFLQJ
laws relating to odometers, including, but not
OLPLWHGWRSROLFHRIÀFLDOVGLVWULFWDWWRUQH\VRU
WKH$WWRUQH\*HQHUDO·VRIÀFH>F†
F†@
815.410 Illegal odometer tampering;
prohibition; exceptions; civil action; pen-
alty. (1) A person commits the offense of illegal
odometer tampering if the person does any of
WKHIROORZLQJ person an amount of $500 or twice the actual
(a) Advertises for sale, sells, uses or installs
on any part of a motor vehicle or on any
be in a form established by the Department of
7UDQVSRUWDWLRQE\UXOH
(C) Make an odometer disclosure in a form
required by the department by rule and submit
the disclosure to the department within 10
GD\VRIFRPSOHWLQJWKHZRUN
(2) The owner or any subsequent purchaser
of a vehicle may bring an action in an appropri-
ate court of this state against any person who
violates this section and may recover from the
damages caused by the violation, whichever
LVJUHDWHU2QO\DVLQJOHUHFRYHU\LVSHUPLWWHG

Page 338 (2015 Edition)

 9(+,&/((48,30(17*(1(5$//<
under this subsection for any single violation
RIWKLVVHFWLRQ7KHFRXUWPD\DZDUGUHDVRQ-
able attorney fees to the prevailing party in
DQDFWLRQXQGHUWKLVVHFWLRQ
(3) A person is not subject to the require-
ments for work performed on vehicles that are
exempt from odometer disclosure requirements
XQGHU256
(4) The offense described in this section,
unlawful repair of an odometer, is a Class C
PLVGHPHDQRU>F†F†
F†@
815.420 Unlawfully removing odometer
repair notice; penalty. (1) A person commits
the offense of unlawfully removing an odom-
eter repair notice if the person removes any
notice showing service, repair or replacement
of an odometer with the mileage reading and
the date of the work that has been placed on a
YHKLFOHLQFRPSOLDQFHZLWK256
 
(4) The offense described in this section,
unauthorized possession, use or distribution
RIDWUDIÀFFRQWUROVLJQDORSHUDWLQJGHYLFHLV
D&ODVV&PLVGHPHDQRU>F†
F†F†@
 $XWKRULW\WRXVHWUDIÀFFRQWURO
signal operating devices; costs. (1) The
RZQHURIDWUDIÀFFRQWUROVLJQDOPD\DXWKR-
UL]HXVHRIDWUDIÀFFRQWUROVLJQDORSHUDWLQJ
device by the following persons for the follow-
LQJSXUSRVHV
(a) An authorized operator in an emergency
YHKLFOHLQRUGHUWRLPSURYHWKHVDIHW\DQGHIÀ-
FLHQF\RIHPHUJHQF\UHVSRQVHRSHUDWLRQV
(b) An authorized operator in a bus, in order
WRLQWHUUXSWWKHF\FOHRIWKHWUDIÀFFRQWURO
signal in such a way as to keep the green light
VKRZLQJIRUORQJHUWKDQLWRWKHUZLVHZRXOG$V
XVHGLQWKLVSDUDJUDSK´EXVµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256
(2) The offense described in this section,  F$QDXWKRUL]HGRSHUDWRULQDWUDIÀFVLJQDO
unlawfully removing an odometer repair maintenance vehicle, in order to facilitate traf-
QRWLFHLVD&ODVV&PLVGHPHDQRU>F ÀFVLJQDOPDLQWHQDQFHDFWLYLWLHV
†@
815.425 Failure to submit odometer
disclosure; penalty. (1) A person commits
the offense of failure to submit an odometer
disclosure if the person is required by ORS
RUWRVXEPLW
 7KHRZQHURIDWUDIÀFFRQWUROVLJQDOZKR
DXWKRUL]HVDGGLWLRQDOXVHVRIDWUDIÀFFRQWURO
signal operating device, as authorized by this
section, shall allocate the incremental costs, if
any, of such additional uses to the additional
XVHUV
an odometer disclosure and the person fails to  $WUDIÀFFRQWUROVLJQDORSHUDWLQJGHYLFH
VXEPLWWKHUHTXLUHGRGRPHWHUGLVFORVXUH used by an authorized person in an emergency
(2) The offense described in this section, vehicle shall preempt and override a device
failure to submit an odometer disclosure, is RSHUDWHGE\DQ\RWKHUSHUVRQ
D&ODVV&PLVGHPHDQRU>F†
F†F†F†
F†@
815.430 Submitting false odometer dis-
closure; penalty. (1) A person commits the
offense of submitting a false odometer disclo-
sure if the person knowingly makes any false
statement or provides any false information on
DQRGRPHWHUGLVFORVXUHIRUP
(2) The offense described in this section,
submitting a false odometer disclosure, is a
&ODVV&IHORQ\>F†F†@
 $WUDIÀFFRQWUROVLJQDORSHUDWLQJGHYLFH
used as authorized under this section must
operate in such a way that the device does not
continue to control the signal once the vehi-
cle containing the device has arrived at the
intersection, regardless of whether the vehicle
UHPDLQVDWWKHLQWHUVHFWLRQ>F†@
(Vehicle Metering System)
815.555 Tampering with a vehicle
metering system; penalty. (1) A person com-
mits the offense of tampering with a vehicle
PHWHULQJV\VWHPLIWKHSHUVRQ
7UDIÀF&RQWURO6LJQDO2SHUDWLQJ'HYLFHV
815.440 Unauthorized possession, use
RUGLVWULEXWLRQRIWUDIÀFFRQWUROVLJQDO
operating device; exemption; penalty. (1)
A person commits the offense of unauthorized
SRVVHVVLRQXVHRUGLVWULEXWLRQRIDWUDIÀFFRQ-
trol signal operating device if the person owns,
uses, sells or otherwise distributes a device
WKDWLVGHVLJQHGWRFRQWURODWUDIÀFFRQWUROOLJKW
as a person using the device approaches the
OLJKW
(2) This section does not apply to persons
RSHUDWLQJ WUDIÀF FRQWURO VLJQDO RSHUDWLQJ
GHYLFHVDVDXWKRUL]HGE\256
(a) With the intent to defraud, operates a
motor vehicle that is subject to the per-mile
URDGXVDJHFKDUJHLPSRVHGXQGHU256
on a highway knowing that the vehicle meter-
LQJV\VWHPLVGLVFRQQHFWHGRUQRQIXQFWLRQDO
(b) Replaces, disconnects or resets the vehi-
cle metering system of a motor vehicle that
is subject to the per-mile road usage charge
LPSRVHGXQGHU256ZLWKWKHLQWHQW
of reducing the metered use recorded by the
YHKLFOHPHWHULQJV\VWHP
(2) This section does not apply to a person
who is servicing, repairing or replacing a vehi-
FOHPHWHULQJV\VWHP
 )RUSXUSRVHVRI256DWUDIÀF
control signal operating device is contraband
if it is used by a person who is not authorized
DVSURYLGHGLQ256WRXVHWKHGHYLFH
(3) As used in this section, “vehicle metering
V\VWHPµPHDQVDV\VWHPXVHGWRUHFRUGWKH
metered use by a motor vehicle for the purpose
of complying with the reporting requirements
XQGHU256

Page 339 (2015 Edition)

 OREGON VEHICLE CODE

(4) Tampering with a vehicle metering

V\VWHPLVD&ODVV$WUDIÀFYLRODWLRQ>
F†@

_______________

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 9(+,&/((48,30(17/,*+76

Chapter 816

(',7,21
VEHICLE EQUIPMENT: LIGHTS

ADOPTION AND ENFORCEMENT 816.190 Marker lights

OF STANDARDS 816.200 Clearance lights
816.010 Authority to adopt and enforce stan-  ,GHQWLÀFDWLRQOLJKWV
dards for lighting equipment; testing 816.220 Exempt-vehicle safety lighting
for compliance with standards equipment
816.020 Motor carriers under jurisdiction of 816.230 Fog lights
Department of Transportation
816.240 Hazard lights
816.250 Police lights
NONCOMPLYING EQUIPMENT 816.260 Bus safety lights
816.030 Selling noncomplying lighting equip- 816.270 Mail delivery lights
ment; penalty 816.280 Warning lights
816.285 Fire department warning lights
GENERAL REQUIREMENTS 816.290 End load lights
816.040 Lighting equipment standards; effect 816.300 Operation with nonstandard lighting
of rules equipment; penalty
816.310 Exemptions from lighting equipment
requirements
REQUIREMENTS AND STANDARDS
FOR SPECIFIC LIGHTS
816.050 Headlights; rules
REQUIRED LIGHTS
816.060 Auxiliary lights 816.320 Lighting equipment required for
816.070 Passing lights motor vehicles
816.080 Taillights 816.330 Operation without required lighting
equipment; penalty
816.090 Registration plate lights
816.340 Exemptions from required equipment
816.100 Brake lights
816.110 Back-up lights
PROHIBITED LIGHTS
816.120 Turn signals
816.130 Parking lights 816.350 Prohibitions on number and kind of
lights for certain vehicles
816.140 Cowl or fender lights
816.360 Use of prohibited lighting equipment;
816.150 High beam indicator penalty
816.160 Rear mounted lighting system 816.370 Exemptions from lighting equipment
816.170 Spotlights prohibitions
 5HÁHFWRUV

Page 341 (2015 Edition)

OREGON VEHICLE CODE

Page 342 (2015 Edition)

 9(+,&/((48,30(17/,*+76  

ADOPTION AND ENFORCEMENT VSHFLÀFDWLRQVDGRSWHGE\WKH)HGHUDO0RWRU

OF STANDARDS Carrier Safety Administration are different
816.010 Authority to adopt and enforce IURPWKRVHHVWDEOLVKHGE\WKRVHVHFWLRQV7KH
standards for lighting equipment; testing VWDQGDUG VSHFLÀFDWLRQV VR DGRSWHG E\ WKH
for compliance with standards. (1) The department shall conform to standard speci-
Department of Transportation shall adopt and ÀFDWLRQVDGRSWHGE\WKH)HGHUDO0RWRU&DUULHU
enforce minimum standards for vehicle light- Safety Administration for vehicles operating in
LQJHTXLSPHQWXQGHU256WR LQWHUVWDWHFRPPHUFH>F†
including installation, adjustment and aiming F†F†F†@
DQGDGMXVWPHQWZKHQLQXVHRQPRWRUYHKLFOHV
(2) As federal regulations concerning vehicle NONCOMPLYING EQUIPMENT
lighting equipment are subsequently amended 816.030 Selling noncomplying lighting
or repealed, the department may consider sub- equipment; penalty. (1) A person commits
sequent federal vehicle lighting equipment the offense of selling noncomplying lighting
standards and adopt standards with respect equipment if the person sells or offers for sale
to any vehicle lighting equipment applicable to for use upon or as part of the equipment of any
the same aspect of performance of the vehicle vehicle any vehicle lighting equipment that
lighting equipment if the department deter- does not comply with standards adopted by
mines that the subsequent federal standards the Department of Transportation under ORS
are practicable, provide an objective standard 
DQGPHHWWKHQHHGIRUYHKLFOHVDIHW\
(2) The offense described in this section,
(3) When the department has reason to selling noncomplying lighting equipment, is
believe that any lighting equipment, as it is D&ODVV'WUDIÀFYLRODWLRQ>F†
being sold commercially, does not comply with F†F†@
established standards, the department may
have the device tested by a recognized testing
laboratory to determine if the lighting equip- GENERAL REQUIREMENTS
ment complies with the standards adopted 816.040 Lighting equipment standards;
XQGHUWKLVVHFWLRQ effect of rules. 256WRHVWDE-
(4) Standards adopted under this section OLVKUHTXLUHPHQWVIRU256([FHSW
must be consistent with vehicle standards ZKHUHDQH[HPSWLRQXQGHU256VSHFLI-
established under federal regulations or by ically provides otherwise, any vehicle lighting
WKH6RFLHW\RI$XWRPRWLYH(QJLQHHUV WKDWGRHVQRWFRPSO\ZLWK256WR
(5) Standards adopted by the department YLRODWHV256DQGLVVXEMHFW
under this section supersede any equipment WRWKHSHQDOW\SURYLGHGIRULQ256WR
provision of the vehicle code applicable to the (DFKRIWKHIROORZLQJLVDUHTXLUH-
VDPHDVSHFWRISHUIRUPDQFHWKDWFRQÁLFWVZLWK ment for lighting equipment described in ORS
DVSHFLÀFSURYLVLRQRIDVWDQGDUGDGRSWHGE\ WR
the department under this section with respect  :KHQHYHU256WRVSHF-
to compliance with safety standards in effect ify either the distance from which lighting
DWWKHWLPHRIVDOH equipment shall render objects visible or the
 7KHGHSDUWPHQWVKDOOFRQWLQXHWRDGRSW distance within which lighting equipment shall
equipment standards as required under other be visible, that distance of visibility, unless a
sections of the vehicle code if there are no stan- different time or condition is expressly stated,
GDUGVXQGHUWKLVVHFWLRQ VKDOOEHDVGHWHUPLQHG
(7) The department may at any time pur- (a) Under normal atmospheric conditions;
chase in the open market and submit to the (b) At any time from sunset to sunrise or
testing laboratory one or more sets of any DQ\RWKHUWLPHZKHQGXHWRLQVXIÀFLHQWOLJKW
lighting equipment, and if the lighting equip- persons and vehicles are not clearly discernible
ment, upon testing, fails to meet the standards at a distance of 1,000 feet; and
adopted for lighting equipment under this sec-  F2QDVWUDLJKWOHYHOXQOLJKWHGKLJKZD\
tion, the department shall enforce the penalties
VHWIRUWKLQ256WR  :KHQHYHU256WRVSHF-
ify the mounted height of lighting equipment,
(8) Prohibitions and penalties relating to the the height shall be determined from the center
standards adopted under this section are set of the lighting equipment to the level ground
IRUWKLQ256WR>F XSRQZKLFKWKHYHKLFOHVWDQGV
†F†@
(3) Any standard provided for a piece of
816.020 Motor carriers under jurisdic- OLJKWLQJ HTXLSPHQW XQGHU 256  WR
tion of Department of Transportation. LVVXEMHFWWREHLQJVXSHUVHGHGE\D
With respect to motor carriers operated rule adopted by the Department of Transpor-
under the jurisdiction of the Department of WDWLRQDVSURYLGHGXQGHU256>
Transportation, the department may adopt F†F†F†
VWDQGDUGVSHFLÀFDWLRQVDWYDULDQFHZLWKWKH F†F†
requirements and standards for vehicle light- F†F†@
LQJHTXLSPHQWXQGHU256WR
RU  WR  ZKHQHYHU VWDQGDUG

Page 343 (2015 Edition)

 OREGON VEHICLE CODE

REQUIREMENTS AND STANDARDS (10) Headlights that are required under

FOR SPECIFIC LIGHTS
816.050 Headlights; rules. (DFKRIWKH
following is a requirement for headlights as
GHVFULEHG that complies with standards adopted by the
(1) On vehicles required to be equipped with
WZRRUPRUHKHDGOLJKWVXQGHU256DQG
WKHKHDGOLJKWVVKDOOEHHTXDOO\GLVWULE-
XWHGRQHDFKVLGHRIWKHIURQWRIWKHYHKLFOH
This subsection does not apply to motorcycles
DQGPRSHGV
256DQGDQGDQ\SDUWIRU
such headlight that tends to change the orig-
inal design or performance must be of a type
GHSDUWPHQWXQGHU256
(11) Single beam headlights that are not
supplemented by auxiliary lights shall be per-
mitted on a motor vehicle in lieu of multiple
beam headlights only if the single distribution
of lights complies with any requirements for
VLQJOHEHDPKHDGOLJKWVXQGHUWKLVVHFWLRQ
(2) Headlights shall show a continuously >F†F†
EXUQLQJOLJKWH[FHSWWKDW F†F†F†
 D:KHQSHUPLWWHGXQGHU256
headlights for motorcycles or mopeds may have
an upper beam that can be modulated between
a high and lower brightness at a rate of 200 to
SXOVHVSHUPLQXWH
F†F†F†
F†@
816.060 Auxiliary lights. (1) As used in
WKLVVHFWLRQ´DX[LOLDU\OLJKWVµPHDQVORZEHDP
DX[LOLDU\OLJKWV
 E$IHGHUDOO\DSSURYHGKHDGOLJKWÁDVK-
ing system may be used as emergency vehicle
OLJKWVRQSROLFHÀUHHPHUJHQF\RUDPEXODQFH
YHKLFOHV
(3) Headlights shall show a white light
described in Standard Number 108 of the
)HGHUDO0RWRU9HKLFOH6DIHW\6WDQGDUGV
(2) When auxiliary lights are used in com-
bination with headlights, the combination of
lights shall be arranged on the vehicle so that
the selection between distributions of light pro-
jected to different elevations may be selected
by the driver at will or so that the selection
FDQEHPDGHDXWRPDWLFDOO\
 +HDGOLJKWVVKDOOVKRZWKHOLJKWIRUZDUG
(5) The Department of Transportation shall
adopt and enforce rules establishing minimum
VWDQGDUGVDQGVSHFLÀFDWLRQVIRUKHDGOLJKWV
The rules shall conform, insofar as practicable,
WRVDIHW\VWDQGDUGVDQGVSHFLÀFDWLRQVIRUYHKL-
cle lighting issued by the federal government or
to standards and recommendations established
E\WKH6RFLHW\RI$XWRPRWLYH(QJLQHHUV
(3) Auxiliary lights shall be wired in accor-
dance with rules adopted by the Department
RI7UDQVSRUWDWLRQ
(4) Auxiliary lights shall be mounted,
adjusted and aimed in accordance with rules
DGRSWHGE\WKHGHSDUWPHQW
(5) Auxiliary lights mounted on a vehicle for
highway use shall be mounted at a height of
54 inches or less above the level surface upon
 :KHQPXOWLSOHEHDPKHDGOLJKWVDUHXVHG ZKLFK WKH YHKLFOH VWDQGV $X[LOLDU\ OLJKWV
or when headlights are used in combination mounted higher than 54 inches are subject to
with auxiliary lights or passing lights, the DQ\OLPLWDWLRQRQXVHXQGHU256DQG
lights shall be arranged on the vehicle so that 
the selection between distributions of light pro-
jected to different elevations may be selected
by the driver at will or so that the selection
FDQEHPDGHDXWRPDWLFDOO\
(7) Headlights shall be aimed in accordance
ZLWKUXOHVDGRSWHGE\WKHGHSDUWPHQW,IKHDG-
 $X[LOLDU\OLJKWVDQGDQ\SDUWIRUVXFK
light that tends to change the original design
or performance must be of a type that complies
with standards adopted by the department
XQGHU256
(7) Auxiliary lights shall show a white light
lights provide only a single distribution of light IRUZDUG>F†F†
and are not supplemented by auxiliary lights, F†F†F
the single beam headlights shall be so aimed †F†F†@
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,
SURMHFWKLJKHUWKDQÀYHLQFKHVEHORZWKHOHYHO
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
IHHWDKHDGRIWKHYHKLFOH
(8) The intensity of the light of single beam
KHDGOLJKWVVKDOOEHVXIÀFLHQWWRUHYHDOSHUVRQV
and vehicles upon a street or highway at a dis-
tance of at least 200 feet ahead of the vehicle
WRZKLFKWKH\DUHDWWDFKHG
(9) Headlights that are required under
256DQGPXVWEHPRXQWHG
adjusted and aimed in accordance with stan-
dards adopted by the department under ORS

Page 344
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VHFWLRQ´SDVVLQJOLJKWVµPHDQVKLJKEHDP
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(2) When passing lights are used in com-
bination with headlights, the combination of
lights shall be arranged on the vehicle so that
the selection between distributions of light pro-
jected to different elevations may be selected
by the driver at will or so that the selection
FDQEHPDGHDXWRPDWLFDOO\
(3) Passing lights shall be wired in accor-
dance with rules adopted by the Department
RI7UDQVSRUWDWLRQ
(4) Passing lights shall be aimed in accor-
GDQFHZLWKUXOHVDGRSWHGE\WKHGHSDUWPHQW
(2015 Edition)
 9(+,&/((48,30(17/,*+76  

(5) Passing lights shall show a white light least one brake light shall be placed on each
IRUZDUG>F†F† VLGHRIWKHUHDU
F†F†F (2) Brake lights shall be constructed and
†F†F†@ located on a vehicle so as to give a signal of
816.080 Taillights. (1) Taillights shall be LQWHQWLRQWRVWRS
PRXQWHGRQWKHUHDURIDYHKLFOH  %UDNHOLJKWVVKDOOHPLWDUHGOLJKW,I
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF-
tion, when lighted, taillights shall emit a red
OLJKW
(3) When lighted, taillights shall emit a light
plainly visible from a distance of 500 feet to
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

WKHUHDU
(4) Taillights may be constructed so as to
LQFOXGHUHJLVWUDWLRQSODWHOLJKWV
(5) Taillights shall be wired so as to be
lighted whenever the headlights or auxiliary
OLJKWVDUHOLJKWHG
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, brake lights shall emit a steady
EXUQLQJOLJKW
(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
WKHUHDURIWKHYHKLFOHLQQRUPDOGD\OLJKW
  7DLOOLJKWV WKDW DUH UHTXLUHG XQGHU
256DQGPXVWEHPRXQWHG
adjusted and aimed in accordance with the
standards adopted by the Department of
7UDQVSRUWDWLRQ
(7) Taillights that are required under ORS
DQGDQGDQ\SDUWIRUVXFK
light that tends to change the original design
or performance must be of a type that complies
with standards adopted by the department
XQGHU256
(8) On a motor vehicle that was manufac-
tured before 1959, the taillight or the taillight
assembly, if the taillight is combined with
another light, may contain a blue or purple
LQVHUWRIQRWPRUHWKDQRQHLQFKLQGLDPHWHU
  %UDNH OLJKWV UHTXLUHG XQGHU 256
DQGVKDOOEHPRXQWHGVRIDU
as practicable, in such a manner as to reduce
the hazard of being obscured by mud or dust
WKURZQE\WKHZKHHOV
(7) Brake lights shall not project a glaring
RUGD]]OLQJOLJKW
(8) Brake lights may be incorporated with
DWDLOOLJKW
(9) Brake lights shall be activated upon
DSSOLFDWLRQRIWKHVHUYLFHEUDNH
(10) Brake lights required under ORS
DQGRUDQ\SDUWVIRUEUDNH
lights must comply with standards adopted by
the Department of Transportation under ORS
>F†F† 
F†F†F†
F†F†F  %UDNHOLJKWVIRUPRWRUF\FOHVPD\ÁDVK
†@ intermittently, provided that the brake lights
GRQRWRYHUULGHWKHUHDUWXUQVLJQDOIXQFWLRQ
816.090 Registration plate lights. (DFK >F†F†
of the following is a requirement for registra- F†F†F†
WLRQSODWHOLJKWVDVGHVFULEHG F†F†F
(1) A registration plate light shall be so con- †@
structed and placed as to illuminate the rear 816.110 Back-up lights. Back-up lights
UHJLVWUDWLRQSODWHRIWKHYHKLFOH may be constructed either separately or in
(2) A registration plate light may either be FRPELQDWLRQZLWKDQRWKHUOLJKW>F
constructed as a separate light or as part of a †F†F†
WDLOOLJKW F†F†F
(3) A registration plate light shall show a
ZKLWHOLJKW
(4) A registration plate light shall render
the rear registration plate clearly legible from
DGLVWDQFHRIIHHWWRWKHUHDU
(5) A registration plate light shall be wired
so as to be lighted whenever the headlights or
DX[LOLDU\OLJKWVDUHOLJKWHG>F†
†@
816.120 Turn signals. (DFKRIWKHIRO-
lowing is a requirement for turn signals as
GHVFULEHG
(1) Turn signals shall be so constructed
and located on a vehicle as to give a signal of
LQWHQWLRQWRWXUQULJKWRUOHIW
(2) The following types of turn signals shall
F†F† VKRZOLJKWLQWKHGLUHFWLRQLQGLFDWHG
F†F†F† (a) Front turn signal lights shall show light
@ WRWKHIURQWRIWKHYHKLFOH
816.100 Brake lights. (DFKRIWKHIROORZLQJ (b) Rear turn signal lights shall show light
LVDUHTXLUHPHQWIRUEUDNHOLJKWVDVGHVFULEHG WRWKHUHDURIWKHYHKLFOH
(1) Brake lights shall be placed on the rear (3) The following types of turn signals shall
RIWKHYHKLFOH:KHUHPRUHWKDQRQHEUDNHOLJKW KDYHWKHFRORURIOLJKWLQGLFDWHG
LVUHTXLUHGXQGHU256DQGDW

Page 345 (2015 Edition)

 OREGON VEHICLE CODE
(a) Front turn signal lights may be white or
DPEHU
(b) Rear turn signal lights may be red,
DPEHURU\HOORZ,IWKHUHDUWXUQVLJQDOLVUHG
the motor vehicle was manufactured before
1959 and the turn signal is combined with the
taillight in a taillight assembly, the assembly
may contain an insert as described under ORS

(4) Turn signals shall be understandable in
normal sunlight and at a distance of 500 feet
DWQLJKW
(5) Turn signals that are required under
256DQGPXVWEHPRXQWHG
adjusted and aimed in accordance with the
standards adopted by the Department of
7UDQVSRUWDWLRQ
816.160 Rear mounted lighting system.
(DFKRIWKHIROORZLQJLVDUHTXLUHPHQWIRUD
UHDUPRXQWHGOLJKWLQJV\VWHP
(1) A rear mounted lighting system shall
have a green light, a yellow light and a red
OLJKW
(2) A rear mounted lighting system shall be
FRQVWUXFWHGVRWKDW
(a) The green light will be actuated when
the accelerator is depressed;
(b) The yellow light will be actuated when
the vehicle is moving forward or standing and
idling, but not under power from its engine; and
(c) The red light will be actuated when the
motor vehicle is being braked through the use
RILWVEUDNLQJV\VWHP
 7XUQVLJQDOVWKDWDUHUHTXLUHGXQGHU
256DQGDQGDQ\SDUWIRU
such turn signals that tends to change the orig-
inal design or performance must be of a type
that complies with standards adopted by the
GHSDUWPHQWXQGHU256>F
(3) The red and green lights of a rear
mounted lighting system may be illuminated
VLPXOWDQHRXVO\2WKHUZLVHRQO\RQHOLJKWRI
the system shall be illuminated at any one
time and either the green or yellow lights
shall be illuminated when the red lights are
†F†F† QRWLOOXPLQDWHG
F†F†F (4) The lights of a rear mounted lighting
†F†F†@ system shall be capable of being seen and dis-
816.130 Parking lights. (DFKRIWKHIRO- tinguished from a distance of 500 feet to the
lowing is a requirement for parking lights as UHDURIWKHYHKLFOHGXULQJQRUPDOGD\OLJKW
LQGLFDWHG (5) Rear mounted lighting systems shall
(1) Parking lights shall be on the roadway QRWSURMHFWDJODULQJRUGD]]OLQJOLJKW>
side of the vehicle when a vehicle is parked or F†F†F
stopped upon a roadway or shoulder adjacent †F†F†
WKHUHWR
(2) Parking lights shall exhibit a white or
amber light visible to the front of the vehicle
DQGDUHGOLJKWYLVLEOHWRWKHUHDURIWKHYHKLFOH
(3) Parking lights shall be visible from a
distance of 500 feet to the front of the vehicle
and from a distance of 500 feet to the rear of
F†@
 6SRWOLJKWV(DFKRIWKHIROORZLQJLV
DUHTXLUHPHQWIRUVSRWOLJKWVDVLQGLFDWHG
(1) Spotlights must be mounted, adjusted
and aimed in accordance with standards
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(2) Spotlights and any part for such spot-
WKHYHKLFOH>F†F lights that tends to change the original design
†F†F† or performance must be of a type that complies
F†F†@ with standards adopted by the department
816.140 Cowl or fender lights. Cowl or XQGHU256>F†
fender lights shall emit an amber or white light F†F†
ZLWKRXWJODUH>F†F F†F†F†
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816.150 High beam indicator. (DFKRI LVDUHTXLUHPHQWIRUUHÁHFWRUVDVLQGLFDWHG
the following is a requirement for a high beam (1) The following are the colors for the indi-
LQGLFDWRU FDWHGW\SHRIUHÁHFWRU
(1) A high beam indicator shall be con-  D5HDUUHÁHFWRUVDQGUHDUZDUGVLGHUHÁHF-
structed so as to be lighted when, and only WRUVVKDOOEHUHG
when, the uppermost distribution of light from
WKHKHDGOLJKWVLVLQXVH  E)RUZDUGVLGHUHÁHFWRUVDQGLQWHUPHGLDWH
VLGHUHÁHFWRUVVKDOOEHDPEHU
(2) A high beam indicator shall be so
designed and located that when lighted it will  7KHIROORZLQJW\SHVRIUHÁHFWRUVVKDOOEH
be readily visible to the driver of the vehicle SODFHGDVLQGLFDWHG
VRHTXLSSHG  D 5HDU UHÁHFWRUV VKDOO EH PRXQWHG RQ
(3) A high beam indicator shall be without WKHUHDURIWKHYHKLFOH,IPRUHWKDQRQHUHDU
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3DJH (2015 Edition)

 9(+,&/((48,30(17/,*+76  

 E)RUZDUGVLGHUHÁHFWRUVVKDOOEHPRXQWHG (a) Rearward side marker lights shall be

on the side of the vehicle near the front of the UHG
YHKLFOH (b) Forward side marker lights and inter-
 F ,QWHUPHGLDWH VLGH UHÁHFWRUV VKDOO EH
mounted on the side of the vehicle at or near
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(d) Rearward side ref lectors shall be
mounted on the side of the vehicle near the
UHDURIWKHYHKLFOH
PHGLDWHVLGHPDUNHUOLJKWVVKDOOEHDPEHU
(3) Side marker lights may be mounted in
combination with clearance lights if illumi-
nation is given as required with reference to
ERWK
(4) Marker lights that are required under
256DQGVKDOOEHPRXQWHGVR
 5HÁHFWRUVVKDOOEHPRXQWHGRQDYHKLFOH far as practicable, in such manner as to reduce
at a height not less than 15 inches and not more the hazard of being obscured by mud or dust
WKDQLQFKHVDERYHWKHJURXQGRQZKLFKWKH WKURZQE\WKHZKHHOV
YHKLFOHVWDQGV (5) Marker lights shall be capable of being
 5HÁHFWRUVVKDOOEHRIVXFKVL]HRUFKDU- seen and distinguished at a distance of 500
acteristics and so mounted and maintained as feet directly from that part of the vehicle on
to be readily visible at night within 500 feet to ZKLFKWKHOLJKWVDUHSODFHG>F†
50 feet from the vehicle when directly in front F†F†
RIODZIXOXSSHUEHDPVRIKHDGOLJKWV F†F†F†
 5HÁHFWRUVUHTXLUHGWREHPRXQWHGRQWKH
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color of light to the sides and those mounted
RQWKHUHDUVKDOOUHÁHFWWKHUHTXLUHGFRORUWR
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816.200 Clearance lights. (DFKRIWKHIRO-
lowing is a requirement for clearance lights as
LQGLFDWHG
(1) The following types of clearance lights
 5HÁHFWRUVUHTXLUHGXQGHU256
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cable, in such manner as to reduce the hazard
of being obscured by mud or dust thrown by
WKHZKHHOV
(7) Reflectors that are required under
256DQGPXVWEHPRXQWHG
adjusted and aimed in accordance with
standards adopted by the Department of
7UDQVSRUWDWLRQ
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(a) Front clearance lights shall be placed on
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front clearance light is required under ORS
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ance light shall be on each side of the front of
WKHYHKLFOH
(b) Rear clearance lights shall be placed on
WKHUHDURIWKHYHKLFOH:KHQPRUHWKDQRQH
rear clearance light is required under ORS
 5HÁHFWRUVWKDWDUHUHTXLUHGXQGHU256
DQGDQGDQ\SDUWIRUVXFK
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design or performance must be of a type that
complies with standards adopted by the depart-
PHQWXQGHU256
DQGDWOHDVWRQHUHDUFOHDU-
ance light shall be on each side of the rear of
WKHYHKLFOH
(2) The following are the colors for indicated
W\SHRIFOHDUDQFHOLJKWV
 D)URQWFOHDUDQFHOLJKWVVKDOOEHDPEHU
 5HDUUHÁHFWRUVPD\EHFRQVWUXFWHGHLWKHU
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SRUDWHGZLWKWKHWDLOOLJKWV>F† (3) Clearance lights shall be mounted on the
F†F† permanent structure of the vehicle in such a
F†F† manner as to indicate its extreme width and
F†F†@ shall be mounted as near the top of the vehicle
816.190 Marker lights. (DFKRIWKHIRO- DVSUDFWLFDEOH
lowing is a requirement for marker lights as (4) Clearance lights may be mounted in com-
LQGLFDWHG bination with side marker lights if illumination
(1) The following types of marker lights shall LVJLYHQDVUHTXLUHGZLWKUHIHUHQFHWRERWK
EHSODFHGDVLQGLFDWHG (5) Clearance lights that are required under
(a) Forward side marker lights shall be 256DQGVKDOOEHPRXQWHGVR
mounted on the side of the vehicle at or near far as practicable, in such manner as to reduce
WKHIURQW the hazard of being obscured by mud or dust
WKURZQE\WKHZKHHOV
 E,QWHUPHGLDWHVLGHPDUNHUOLJKWVVKDOOEH
mounted on the side of the vehicle at or near  &OHDUDQFHOLJKWVVKDOOEHFDSDEOHRIEHLQJ
the midpoint between the forward side marker seen and distinguished at a distance of 500
OLJKWVDQGWKHUHDUZDUGVLGHPDUNHUOLJKWV feet directly from that part of the vehicle on
ZKLFKWKHOLJKWVDUHSODFHG>F†
(c) Rearward side marker lights shall be F†F†
mounted on the side of the vehicle at or near F†F†F†
WKHUHDU @
(2) The following are the colors for the indi-
FDWHGW\SHRIPDUNHUOLJKWV

Page 347 (2015 Edition)

 OREGON VEHICLE CODE

 ,GHQWLÀFDWLRQOLJKWV(DFKRIWKH 816.230 Fog lights. (DFKRIWKHIROORZLQJ

IROORZLQJLVDUHTXLUHPHQWIRULGHQWLÀFDWLRQ LVDUHTXLUHPHQWIRUIRJOLJKWVDVGHVFULEHG
OLJKWV (1) Fog lights shall be mounted, aimed and
 $QLGHQWLÀFDWLRQOLJKWLVDJURXSRIWKUHH
lights mounted at the same height with the cen-
ters of the lights in the group of lights spaced
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DSDUW
adjusted in accordance with standards adopted
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(2) Fog lights and any part of such fog lights
that tends to change the original design or per-
formance must be of a type that complies with
  7KH IROORZLQJ W\SHV RI LGHQWLÀFDWLRQ standards adopted by the department under
OLJKWVVKDOOEHSODFHGDVLQGLFDWHG 256
 D)URQWLGHQWLÀFDWLRQOLJKWVVKDOOEHSODFHG (3) Forward mounted fog lights shall show
RQWKHIURQWRIWKHYHKLFOH DZKLWHDPEHURU\HOORZOLJKW
 E5HDULGHQWLÀFDWLRQOLJKWVVKDOOEHSODFHG (4) Rear mounted fog lights shall show a red
RQWKHUHDURIWKHYHKLFOH OLJKW>F†F†
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close as practicable to the vertical centerline 816.240 Hazard lights. (DFKRIWKHIRO-
of the vehicle on that part of the vehicle where lowing is a requirement for hazard lights as
WKHLGHQWLÀFDWLRQOLJKWVDUHPRXQWHG GHVFULEHG
 )URQWLGHQWLÀFDWLRQOLJKWVVKDOOEHDQ (1) At least two hazard lights shall be
DPEHUFRORU5HDULGHQWLÀFDWLRQOLJKWVVKDOO mounted on the front of the vehicle and at least
EHDUHGFRORU two hazard lights shall be mounted on the rear
RIWKHYHKLFOH
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256DQGVKDOOEHPRXQWHGVR
far as practicable, in such manner as to reduce
the hazard of being obscured by mud or dust
WKURZQE\WKHZKHHOV
(2) Hazard lights mounted on the front of
the vehicle shall be mounted at the same level
as other hazard lights on the front of the vehi-
FOH+D]DUGOLJKWVPRXQWHGRQWKHUHDURIWKH
vehicle shall be mounted at the same level as
 ,GHQWLÀFDWLRQOLJKWVVKDOOEHFDSDEOHRI RWKHUKD]DUGOLJKWVRQWKHUHDURIWKHYHKLFOH
being seen and distinguished at a distance of
500 feet directly from that part of the vehicle (3) Hazard lights shall be as widely spaced
RQZKLFKWKHOLJKWVDUHSODFHG>F laterally on the front and rear of the vehicle
†F†F† DVSUDFWLFDEOH
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816.220 Exempt-vehicle safety light- (5) Hazard lights on the front of a vehicle
ing equipment. (DFKRIWKHIROORZLQJLVD PD\EHZKLWHRUDPEHUOLJKWV+D]DUGOLJKWV
requirement for exempt-vehicle safety lighting on the rear of a vehicle may be amber or red
HTXLSPHQW OLJKWV
 ([HPSWYHKLFOHVDIHW\OLJKWLQJHTXLSPHQW  +D]DUGOLJKWVVKDOOEHYLVLEOHIURPDGLV-
shall consist of at least two lighted lights or tance of not less than 500 feet under normal
ODQWHUQV DWPRVSKHULFFRQGLWLRQVDWQLJKW>F
(2) The following are the colors for the indi- †F†F†
cated type of exempt-vehicle safety lighting F†F†
HTXLSPHQWLQGLFDWHG F†@
(a) The exempt-vehicle safety lighting
equipment that exhibits a light to the front of
the vehicle shall exhibit a white light in that
GLUHFWLRQ
(b) The exempt-vehicle safety lighting
equipment that exhibits a light to the rear
of the vehicle shall exhibit a red light in that
GLUHFWLRQ
(3) At least one piece of exempt-vehicle safety
lighting equipment shall exhibit a light visible
816.250 Police lights. (DFKRIWKHIROORZLQJ
LVDUHTXLUHPHQWIRUSROLFHOLJKWVDVGHVFULEHG
(1) Police lights may be blue, red, yellow,
DPEHURUZKLWH
(2) Police lights may be revolving or station-
DU\W\SHÁDVKLQJOLJKWV
(3) Police lights shall be visible from a dis-
tance of not less than 1,000 feet under normal
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(4) Police lights may include one or more
to the front of the vehicle and at least one shall OLJKWV>F†F†
H[KLELWDOLJKWYLVLEOHWRWKHUHDURIWKHYHKLFOH F†F†
 ([HPSWYHKLFOHVDIHW\OLJKWLQJHTXLSPHQW F†F†F
shall be visible from a distance of 500 feet from †F†@
the direction that the light is required to be 816.260 Bus safety lights. (DFKRIWKH
YLVLEOH>F†F† IROORZLQJLVDUHTXLUHPHQWIRUEXVVDIHW\OLJKWV
F†F†
F†F†@

Page 348 (2015 Edition)

 9(+,&/((48,30(17/,*+76  

(1) Bus safety lights shall include at least
two of each color of light on the front of the
vehicle and at least two of each color of light
RQWKHUHDURIWKHYHKLFOH
(2) Bus safety lights shall include red and
DPEHUOLJKWV
816.280 Warning lights. This section
establishes standards for different types of
ZDUQLQJ OLJKWV (DFK RI WKH IROORZLQJ LV D
UHTXLUHPHQWIRUZDUQLQJOLJKWVDVGHVFULEHG
(1) The following are the colors for the indi-
FDWHGW\SHRIZDUQLQJOLJKW
 (DFKEXVVDIHW\OLJKWVKDOODOWHUQDWHO\ (a) Public vehicle warning lights, pilot vehi-
ÁDVKZLWKWKHEXVVDIHW\OLJKWVRIWKHVDPH cle warning lights and commercial vehicle
color that are placed on the same end of the ZDUQLQJOLJKWVVKDOOEHDPEHU
YHKLFOHGLVSOD\LQJWKHOLJKWV>F† (b) Tow vehicle warning lights may be amber
F†F† RUUHG
F†F†
F†@ (c) Weighmaster and motor carrier enforce-
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816.270 Mail delivery lights. (DFKRI
the following is a requirement for mail delivery
OLJKWVRWKHUWKDQVWUREHOLJKWV the removal, containment or cleanup of a haz-
(a) Mail delivery lights shall include two
OLJKWV
(b) Mail delivery lights shall be simultane-
RXVO\ÁDVKLQJOLJKWV
(c) Mail delivery lights may be constructed
VRWKDWWKHOLJKWVÁDVKFRQWLQXRXVO\RUDUH
DFWXDWHGE\DSSOLFDWLRQRIWKHVHUYLFHEUDNH
(d) Mail delivery lights shall have at least 12
VTXDUHLQFKHVRIHIIHFWLYHLOOXPLQDWHGVXUIDFH
(e) Mail delivery lights shall be of double
IDFHRUWZRZD\W\SH
(f) Mail delivery lights shall project an
amber color to the front and a red color to the
(d) Warning lights on vehicles engaged in
ardous materials release, and on vehicles at
the scene of a potential release of hazardous
PDWHULDOVPD\EHUHGRUDPEHU
(e) Warning lights on vehicles being used
by medical examiners to reach the scene of
an accident or of a death investigation may be
UHG
(2) Warning lights shall provide an intermit-
tent light that may be either of a revolving or
ÁDVKLQJW\SHRUDQ\RWKHUW\SHWKDWSURYLGHV
DQLQWHUPLWWHQWOLJKW
(3) All warning lights shall be visible from a
distance of not less than 500 feet under normal
DWPRVSKHULFFRQGLWLRQVDWQLJKW>F
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(g) Mail delivery lights shall be visible from
a distance of not less than 100 feet to the front
DQGUHDULQQRUPDOVXQOLJKW
(h) Mail delivery lights shall be mounted
on the highest part of the top of the vehicle
in such a position that the illumination from
the lights is visible both to the front and rear
for the required distance and shall be spaced
laterally as far apart as body construction will
SHUPLW
(i) Between mail delivery lights there shall
be mounted a 22-inch by 7-inch sign with the
ZRUGLQJ´860DLOµLQIRXULQFKOHWWHUVLQ
EODFNRQDZKLWHEDFNJURXQG
(j) Mail delivery lights and the required
sign shall be installed so that the sign can be
easily lowered and the lights turned off when
the vehicle is not actually engaged in United
6WDWHV0DLOVHUYLFH
(k) Mail delivery lights, the required sign,
wiring, switches and mounting devices shall
all be of a type that meets standards adopted
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(2) Magnetically attached strobe lights may
be used as mail delivery lights without meeting
any of the requirements of subsection (1) of this
section except the visibility requirements of
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816.285 Fire department warning
lights. (DFKRIWKHIROORZLQJLVDXWKRUL]HGIRU
ÀUHGHSDUWPHQWZDUQLQJOLJKWV
(1) Fire department vehicle warning lights
PD\EHUHGRUDFRPELQDWLRQRIUHGDQGZKLWH
(2) Fire department vehicles may use an
DSSURYHGKHDGOLJKWÁDVKLQJV\VWHPDVDXWKR-
UL]HGE\256
(3) Fire department vehicles may have a
IRUZDUGIDFLQJÁDVKLQJZKLWHOLJKWIRUWKHSXU-
SRVHRIRSHUDWLQJDWUDIÀFVLJQDOSUHHPSWLRQ
GHYLFH
(4) Fire department vehicles may show a
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ating as the command post in emergency
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(5) Fire department emergency response
vehicle lights may be any color allowed for
SROLFHOLJKWVXQGHU256>F
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ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
VXEVHFWLRQJDQGKRIWKLVVHFWLRQ6WUREH See Preface to Oregon Revised Statutes for
lights used as mail delivery lights shall be IXUWKHUH[SODQDWLRQ
DPEHU>F†F† 816.290 End load lights. (DFKRIWKHIRO-
F†F† ORZLQJLVDUHTXLUHPHQWIRUHQGORDGOLJKWV
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Page 349 (2015 Edition)

 OREGON VEHICLE CODE

(2) The lights shall be either a lighted light
RUODQWHUQ
(3) The lights shall be placed at the extreme
UHDUHQGRIDORDG
(4) The lights shall be plainly visible from
a distance of at least 500 feet to the sides and
(e) Motorized wheelchairs when used as
SHUPLWWHGXQGHU256
(4) On any combination of vehicles, only the
lighting equipment on the rearmost vehicle
in the combination of vehicles need be visible
IURPGLVWDQFHVVSHFLÀHGXQGHU256
UHDURIWKHYHKLFOH>F† WRIRUOLJKWLQJHTXLSPHQWRQWKHUHDU
F†F†F† RIYHKLFOHV
F†F†@ (5) Lighting equipment on bicycles shall
816.300 Operation with nonstandard meet the requirements established for such
lighting equipment; penalty. (1) A person HTXLSPHQWXQGHU256
commits the offense of operation with nonstan-
dard lighting equipment if the person does any
RIWKHIROORZLQJ HVWDEOLVKHGLQ256
(a) Drives or moves on any highway any vehi-
cle equipped with lighting equipment described
XQGHU256WRWKDWGRHVQRW
meet the standards required for the equipment
XQGHU256WR
(b) Owns a vehicle or combination of vehicles
and causes or knowingly permits the vehicle or
combination of vehicles to be driven or moved
on any highway when the vehicle or combi-
nation is equipped with lighting equipment
GHVFULEHGXQGHU256WRWKDW
does not meet the standards required for the
HTXLSPHQWXQGHU256WR
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) The offense described in this section,
operation with nonstandard lighting equip-
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 9HKLFOHOLJKWLQJHTXLSPHQWUHTXLUHPHQWV
for ambulances and emergency vehicles are
(7) Lighting equipment on electric per-
sonal assistive mobility devices shall meet
WKHUHTXLUHPHQWVHVWDEOLVKHGLQ256
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REQUIRED LIGHTS
816.320 Lighting equipment required
for motor vehicles. This section establishes
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types of lighting equipment are mentioned by
this section, those types are types described
XQGHU256WR([FHSWZKHUH
DQH[HPSWLRQXQGHU256VSHFLÀFDOO\
provides otherwise, a vehicle that does not
comply with this section is in violation of ORS

(1) A motor vehicle shall be equipped with
all of the following in addition to any other
UHTXLUHPHQWVXQGHUWKLVVHFWLRQ
816.310 Exemptions from lighting
equipment requirements. This section
HVWDEOLVKHV H[HPSWLRQV IURP 256 
WR7KHH[HPSWLRQVXQGHUWKLVVHF-
tion are in addition to any exemptions under
 D+HDGOLJKWV0RWRUYHKLFOHVRWKHUWKDQ
motorcycles or mopeds shall be equipped with
DWOHDVWWZR0RWRUF\FOHVRUPRSHGVVKDOOEH
HTXLSSHGZLWKDWOHDVWRQH
256  7KH H[HPSWLRQV HVWDEOLVKHG  E7DLOOLJKWV0RWRUYHKLFOHVRWKHUWKDQ
under this section are partial or complete as motorcycles shall be equipped with two tail-
GHVFULEHGLQWKHIROORZLQJ OLJKWV0RWRUF\FOHVDUHRQO\UHTXLUHGWREH
HTXLSSHGZLWKRQHWDLOOLJKW
 256WRVKDOOQRWEHFRQ-
strued to prohibit the use of additional parts  F5HJLVWUDWLRQSODWHOLJKW
and accessories on any vehicle not inconsistent
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(2) Lighting equipment used on vehicles of
special interest that are registered under ORS
VKDOOEHGHHPHGLQFRPSOLDQFHZLWK
 G%UDNHOLJKWV0RWRUYHKLFOHVRWKHUWKDQ
motorcycles and mopeds shall be equipped
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and mopeds are only required to be equipped
ZLWKRQHEUDNHOLJKW
256WRLIWKHHTXLSPHQWLV  H7XUQVLJQDOOLJKWV
original manufacturer’s equipment and acces-
sories, or their equivalent and if the equipment  I5HDUUHÁHFWRUV
LVPDLQWDLQHGLQVDIHRSHUDWLQJFRQGLWLRQ (2) All trailers shall be equipped with all of
 256WRGRQRWDSSO\WR the following in addition to any other require-
HTXLSPHQWRQDQ\RIWKHIROORZLQJ PHQWVXQGHUWKLVVHFWLRQ
 D5RDGPDFKLQHU\  D7DLOOLJKWV7UDLOHUVDUHUHTXLUHGWREH
HTXLSSHGZLWKWZRWDLOOLJKWV
 E5RDGUROOHUV
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 F)DUPWUDFWRUV
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(d) Antique vehicles that are maintained
as a collector’s item and used for exhibitions,  G7XUQVLJQDOOLJKWV
parades, club activities and similar uses, but  H7ZRUHDUUHÁHFWRUV
not used primarily for the transportation of
SHUVRQVRUSURSHUW\ (3) The motor vehicles described in this sub-
section shall be equipped with forward and

Page 350 (2015 Edition)

 9(+,&/((48,30(17/,*+76  

UHDUZDUGVLGHUHÁHFWRUVRQHDFKVLGHRIWKH (2) The application of this section is subject

vehicle and forward and rearward side marker to the exemptions from this section established
lights on each side of the vehicle in addition to XQGHU256
any requirements under subsection (1) of this (3) The offense described in this section,
VHFWLRQ7KLVVXEVHFWLRQDSSOLHVWRWKHIROORZ- operation without required lighting equipment,
LQJYHKLFOHV LVD&ODVV&WUDIÀFYLRODWLRQ>F†
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(c) Vehicles used in transportation of persons
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(d) A bus being operated for transporting
children to and from religious services or an
activity or function authorized by the religious
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816.340 Exemptions from required
equipment. This section establishes exemp-
WLRQVIURP256DQG7KH
exemptions established under this section
are in addition to any exemptions under ORS
7KHH[HPSWLRQVXQGHUWKLVVHFWLRQ
are partial or complete as described in the
IROORZLQJ
 H&RPPHUFLDOEXVHV  256DQGVKDOOQRWEH
(f) Motor trucks with a registration weight construed to prohibit the use of additional
LQH[FHVVRISRXQGV parts and accessories on any vehicle consis-
WHQWZLWKWKHSURYLVLRQVRIWKRVHVHFWLRQV
 ,QDGGLWLRQWRDQ\RWKHUUHTXLUHPHQWV
under this section, any motor truck with a (2) Vehicles of special interest that are reg-
registration weight in excess of 8,000 pounds, LVWHUHGXQGHU256VKDOOEHGHHPHG
commercial bus or trailer that is 80 inches or LQFRPSOLDQFHZLWK256DQG
more in overall width and less than 30 feet LI
in overall length shall be equipped with the (a) The vehicles are equipped with original
IROORZLQJ manufacturer’s equipment and accessories,
 D7ZRIURQWDQGWZRUHDUFOHDUDQFHOLJKWV or their equivalent, and if the equipment is
maintained in safe operating condition; or
 E)URQWDQGUHDULGHQWLÀFDWLRQOLJKWV
(b) The vehicles are street rods that conform
 ,QDGGLWLRQWRDQ\RWKHUUHTXLUHPHQWV WR256
under this section, any motor truck with a reg-
istration weight of more than 8,000 pounds,  256DQGGRQRWDSSO\
commercial bus or trailer that is more than 30 WRDQ\RIWKHIROORZLQJYHKLFOHV
feet in overall length, regardless of its width  D5RDGPDFKLQHU\
VKDOOEHHTXLSSHGZLWKWKHIROORZLQJ
 E5RDGUROOHUV
 D7ZRIURQWDQGWZRUHDUFOHDUDQFHOLJKWV
(c) Farm tractors, implements of husbandry
 E)URQWDQGUHDULGHQWLÀFDWLRQOLJKWV DQGIDUPWUDLOHUV
 F ,QWHUPHGLDWH VLGH PDUNHU OLJKWV DQG (d) Antique vehicles that are maintained
LQWHUPHGLDWHVLGHUHÁHFWRUVRQHDFKVLGHRI as a collector’s item and used for exhibitions,
WKHYHKLFOH parades, club activities and similar uses, but
  (YHU\ PRWRU YHKLFOH WKDW KDV PXOWL-
ple-beam lighting equipment shall be equipped
ZLWKDKLJKEHDPLQGLFDWRU
(7) Tow vehicles shall be equipped with tow
YHKLFOHZDUQLQJOLJKWV>F†
F†F†F†
F†@
816.330 Operation without required
lighting equipment; penalty. (1) A person
not used primarily for the transportation of
SHUVRQVRUSURSHUW\
(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
DQG
(5) Truck tractors are not required to be
HTXLSSHGZLWKUHDUUHÁHFWRUV
commits the offense of operation without
required lighting equipment if the person does
DQ\RIWKHIROORZLQJ OLJKWVFOHDUDQFHOLJKWVRULGHQWLÀFDWLRQOLJKWV
(a) Drives or moves on any highway any
vehicle that is not equipped with lighting
equipment that is required for the vehicle
XQGHU256
(b) Owns a vehicle or combination of vehicles
and causes or knowingly permits the vehicle or
combination of vehicles to be driven or moved
on any highway when the vehicle or combina-
tion is not equipped with lighting equipment
  3ROH WUDLOHUV DUH QRW UHTXLUHG WR EH
HTXLSSHGZLWKVLGHUHÁHFWRUVVLGHPDUNHU
(7) Motor vehicles registered in this state
on or before January 1, 1940, are not required
WREHHTXLSSHGZLWKDKLJKEHDPLQGLFDWRU
(8) Bicycles shall be equipped with lighting
HTXLSPHQWDVUHTXLUHGXQGHU256
(9) Requirements for warning lights on
DPEXODQFHVDUHSURYLGHGXQGHU256
DQG
that is required for the vehicle under ORS  (OHFWULFSHUVRQDODVVLVWLYHPRELOLW\
 devices shall be equipped with lighting equip-
PHQWDVUHTXLUHGXQGHU256>
F†F†F†

Page 351 (2015 Edition)

 OREGON VEHICLE CODE

F†F†F†  ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
F†@ section, only the following vehicles may be
HTXLSSHGZLWKEXVVDIHW\OLJKWV
PROHIBITED LIGHTS  D6FKRROEXVHV
816.350 Prohibitions on number and  E:RUNHUWUDQVSRUWEXVHV
kind of lights for certain vehicles. This (c) Vehicles issued a permit under ORS
section establishes requirements for ORS 
:KHQVSHFLÀFW\SHVRIOLJKWLQJHTXLS-
ment are mentioned by this section, those types (9) No vehicle except a vehicle used in active
DUHW\SHVGHVFULEHGXQGHU256WR service transporting United States Mail may
([FHSWDVDOORZHGXQGHUWKLVVHFWLRQ EHHTXLSSHGZLWKPDLOGHOLYHU\OLJKWV
RUZKHUHDQH[HPSWLRQXQGHU256  ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
VSHFLÀFDOO\SURYLGHVRWKHUZLVHDYHKLFOHWKDW VHFWLRQÀUHFRPSDQ\ZDUQLQJOLJKWVPD\RQO\
does not comply with this section is in violation EHXVHGRQWKHIROORZLQJYHKLFOHV
RI256
 D$QHPHUJHQF\YHKLFOH
(1)(a) A motorcycle may not be equipped with
PRUHWKDQWKUHHKHDGOLJKWV (b) A vehicle authorized under a permit
LVVXHGXQGHU256
(b) A moped may not be equipped with more
WKDQWZRKHDGOLJKWV (c) Funeral lead vehicles and funeral escort
YHKLFOHVXVHGWRHVFRUWIXQHUDOSURFHVVLRQV
  ([FHSW ZKHQ EOXH RU SXUSOH LQVHUWV
DUHDOORZHGXQGHU256RU  ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
QRYHKLFOHPD\KDYHDQ\OLJKWLQJ section, no vehicle or equipment may display
equipment mounted on the rear that displays or carry any lighting equipment or device with
RUUHÁHFWVDQ\FRORURWKHUWKDQUHGH[FHSWIRU a red light visible from directly in front of the
WKHIROORZLQJOLJKWLQJHTXLSPHQW YHKLFOHRUHTXLSPHQW
 D7XUQVLJQDOOLJKWV  ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
VHFWLRQDOOÁDVKLQJOLJKWVDUHSURKLELWHGRQDOO
 E5HDUPRXQWHGOLJKWLQJV\VWHPV motor vehicles on any street or highway except
 F5HJLVWUDWLRQSODWHOLJKWV for turn signals, hazard lights and headlight
ÁDVKLQJV\VWHPVGHVFULEHGLQ256
 G%DFNXSOLJKWV
(13) No motor vehicle other than an emer-
 ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV gency vehicle may be equipped with more than
section, only the following types of vehicles RQHVSRWOLJKW
may be equipped with public vehicle warning
OLJKWV (14) No motor vehicle may be equipped with
PRUHWKDQWZRFRZORUIHQGHUOLJKWV
(a) A vehicle operated by the state, or any
county, city, district or other political subdivi- (15) A vehicle at the scene of an actual or
sion of the state, and used for the construction, potential release of hazardous materials may
improvement, repair, maintenance, operation be equipped with warning lights as described
RUSDWURORIDQ\SXEOLFKLJKZD\ LQ256G
(b) Vehicles operated by a public utility or  $YHKLFOHEHLQJXVHGE\PHGLFDOH[DP-
telecommunications utility involved in mainte- iners to reach the scene of an accident or of
nance, repair or construction of their facilities a death investigation may be equipped with
DORQJSXEOLFULJKWVRIZD\ ZDUQLQJOLJKWVDVGHVFULEHGLQ256
H
 9HKLFOHVRSHUDWHGE\DSROLFHRIÀFHUDQG
used for law enforcement may be equipped with (17) A vehicle may be equipped with covers
any type of police lights, but only these vehicles on any of the following lights if the covers are
PD\EHHTXLSSHGZLWKEOXHOLJKWV removed when the lights are required to be in
RSHUDWLRQ
 ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
section, only a vehicle operated by a weigh-  D+HDGOLJKWVXQGHU256
PDVWHURUPRWRUFDUULHUHQIRUFHPHQWRIÀFHU  E7DLOOLJKWVXQGHU256
SURFHHGLQJXQGHUWKHDXWKRULW\RI256
may be equipped with weighmaster warning  F%UDNHOLJKWVXQGHU256
OLJKWV  G7XUQVLJQDOVXQGHU256
 ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV  H5HÁHFWRUVXQGHU256
section, only tow vehicles may be equipped
ZLWKWRZYHKLFOHZDUQLQJOLJKWV  $FRPPHUFLDOYHKLFOHDVGHÀQHGLQ256
PD\EHHTXLSSHGZLWKFRPPHUFLDO
 ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV YHKLFOHZDUQLQJOLJKWV>F†
section, only a motor vehicle escort accompany- F†F†F†
ing a motor vehicle carrying or towing a load of F†F†F†
a size or description not permitted under ORS F†F†F†
 F†F†F†@
DQGPD\EHHTXLSSHG
ZLWKDSLORWYHKLFOHZDUQLQJOLJKW

Page 352 (2015 Edition)

 9(+,&/((48,30(17/,*+76  

816.360 Use of prohibited lighting
equipment; penalty. (1) A person commits
the offense of use of prohibited lighting equip-
PHQWLIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ VLVWHQWZLWKWKHSURYLVLRQVRIWKRVHVHFWLRQV
(a) Drives or moves on any highway any
vehicle that is equipped with lighting equip-
ment that the vehicle is not allowed under ORS

(b) Owns a vehicle or combination of vehicles
and causes or knowingly permits the vehicle or
combination of vehicles to be driven or moved
 256DQGVKDOOQRWEH
construed to prohibit the use of additional
parts and accessories on any vehicle not incon-
(2) Lighting equipment used on vehicles of
special interest that are registered under ORS
VKDOOEHGHHPHGLQFRPSOLDQFHZLWK
256DQGLIWKHHTXLSPHQWLV
original manufacturer’s equipment and acces-
sories, or their equivalent and if the equipment
LVPDLQWDLQHGLQVDIHRSHUDWLQJFRQGLWLRQ
on any highway when the vehicle or combina-  256DQGGRQRWDSSO\
tion is equipped with lights that the vehicle or WRHTXLSPHQWRQDQ\RIWKHIROORZLQJ
FRPELQDWLRQLVQRWDOORZHGXQGHU256  D5RDGPDFKLQHU\
(2) The application of this section is subject  E5RDGUROOHUV
to the exemptions from this section established
XQGHU256
(3) The offense described in this section, use
of prohibited lighting equipment, is a Class C
WUDIÀFYLRODWLRQ>F†F
†@
816.370 Exemptions from lighting
equipment prohibitions. This section
HVWDEOLVKHVH[HPSWLRQVIURP256DQG
7KHH[HPSWLRQVHVWDEOLVKHGXQGHU
this section are in addition to any exemptions
XQGHU2567KHH[HPSWLRQVXQGHUWKLV
section are partial or complete as described in
WKHIROORZLQJ [Reserved for expansion]
 F)DUPWUDFWRUV
(d) Antique 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
SHUVRQVRUSURSHUW\
(4) Ambulances and emergency vehicles are
VXEMHFWWRWKHSURYLVLRQVXQGHU256
DQG>F†F†@
CHAPTER 817

_______________

Page 353 (2015 Edition)

OREGON VEHICLE CODE

Page 354 (2015 Edition)

 9(+,&/(/,0,76

Chapter 818

(',7,21
VEHICLE LIMITS

WEIGHT PERMITS
818.010 Maximum allowable weight 818.200 Authority to issue variance permits;
818.012 Wheel load on certain vehicles; rules effect of permit; violation of permit
818.020 Violating maximum weight limits; 818.205 Continuous operation variance
civil liability; penalties permit; standards; relationship to
permit issued under ORS 818.200; fee
818.030 Exemptions from weight limitations
818.210 Limits on authority to issue variance
818.040 Violation of posted weight limits; civil permit
liability; penalty
818.220 Requirements, conditions and proce-
818.050 Exemptions from posted weight limits dures for issuance of variance permit;
duration; cancellation; rules
WEIGHT AND SIZE 818.225 Road use assessment fee for sin-
gle-trip nondivisible load permittee;
818.060 Violation of administratively imposed GHÀQLWLRQRI´HTXLYDOHQWVLQJOHD[OH
weight or size limits; civil liability; load”; rules
penalties
818.230 Sifting or leaking load permit; dura-
818.070 Exemptions from administratively tion; fee
imposed weight or size limitations
818.235 Permit for wide load of hay bales
818.240 Dragging permit; fee
SIZE  3HUPLWIRUÀUHFRPSDQ\ZDUQLQJ
818.080 Maximum size limits lights
818.090 Violation of maximum size limits; 818.260 Permit for use of bus safety lights on
civil liability; penalties certain buses; rules; fee
818.100 Exemptions from size limitations 818.270 Fees for permits
818.105 Request for unrestricted access to
VSHFLÀHGKLJKZD\IRURYHUOHQJWK PERMIT OFFENSES
combination; mandated responses to
request 818.300 Operating with sifting or leaking
load; civil liability; penalty
818.310 Exemptions from prohibition on sift-
VEHICLE COMBINATIONS ing and leaking load
818.110 Exceeding maximum number of vehi- 818.320 Dragging objects on highway; civil
cles in combination; civil liability; liability; penalty
penalty 818.330 Exemptions from prohibition on drag-
818.120 Exemptions from limits on number of ging objects on highway
vehicles in combinations 818.340 Operating in violation of variance
permit; exception; civil liability;
POSTED USE LIMITS penalties
818.350 Failure to carry and display variance
818.130 Violation of posted limits on use; civil permit; penalty
liability; penalty
818.140 Exemptions from posted use limits
ENFORCEMENT

TOWING SAFETY 818.400 Failure to comply with commercial

vehicle enforcement requirements;
818.150 Safety requirements for towing penalty
818.160 Violating towing safety requirements; 818.410 Civil liability for certain violations
civil liability; penalty 818.420 Penalties for certain violations
818.170 Exemptions from towing safety 818.430 Penalties for violation of weight
requirements requirements
818.440 Penalty for procuring, aiding or abet-
ting violation of this chapter
818.450 Civil penalty for violations of chapter

Page 355 (2015 Edition)

OREGON VEHICLE CODE

3DJH (2015 Edition)

 9(+,&/(/,0,76  

WEIGHT Table III

818.010 Maximum allowable weight. (Maximum allowable weight
This section establishes maximum weight lim- determined by whichever of the
LWDWLRQVIRUSXUSRVHVRI256([FHSWDV IROORZLQJPHWKRGVSURGXFHVORZHUZHLJKW
provided in subsections (4) and (5) of this sec- Method A
WLRQRUZKHUHDQH[HPSWLRQXQGHU256
VSHFLÀFDOO\SURYLGHVRWKHUZLVHDORDGHGZHLJKW The sum of permissible axle, tandem axles
that exceeds the maximum allowable weight or group of axles weights as determined under
as determined by any of the following tables 7DEOH,RU,,RIWKLVVHFWLRQLVWKHPD[LPXP
exceeds the maximum weight limitations for DOORZDEOHZHLJKW
SXUSRVHVRI256 OR
(1) A vehicle exceeds the maximum allow- Method B
able weight if the loaded weight of an axle or
Distance
tandem axle is in excess of that determined by in feet
WKHIRUPXODLQWKHIROORZLQJWDEOH between
ÀUVWDQG0D[LPXPDOORZDEOHZHLJKWLQSRXQGV
___________________________________ ODVWD[HOIRUQXPEHURID[OHVLQJURXSRID[OHV
in group
RID[OHV     RU
Table I Axles Axles Axles Axles Axles More
Axles
The manufacturer’s side wall tire rating (but 434,000
534,000
QRWWRH[FHHGSRXQGV WKHVXPRIWKHWLUH
34,000
widths, in inches, of the wheels of the axle or 734,000
WDQGHPD[OHV PD[LPXPDOORZDEOHZHLJKW 8 and
less34,000 34,000
___________________________________ More
than 838,000 42,000
For purposes of the table in this subsection tire 939,000 42,500
width is determined by measuring the cross 1040,000 43,500
section of the tread of a wheel, the outer face 1140,000 44,000
of a track or the runner of a sled except for 1240,000 45,000 50,000
WKHIROORZLQJ 1340,000 45,500 50,500
14  
(a) For solid tires made of elastic material, 1540,000 47,000 52,000
tire width is determined by measuring the 40,000 48,000 52,500 58,000
FURVVVHFWLRQEHWZHHQWKHÁDQJHVRIWKHFLU- 1740,000 48,500 53,500 58,500
cumference of a wheel at the base of the tire 1840,000 49,500 54,000 59,000
as customarily measured and rated by the 19   
20    
PDQXIDFWXUHUVRIPRWRUYHKLFOHVDQGWLUHV
21    
(b) For pneumatic tires made of elastic mate- 22    
rial, tire width is the diameter of the cross 23    
section of the tire as customarily measured and 24     
rated by the manufacturers of motor vehicles 25     
     
DQGWLUHV 27     
(2) A vehicle or combination of vehicles 28     
exceeds the maximum allowable weight if the 29     
loaded weight measured at any of the places 30     
31     
designated on the following table exceeds the
32     
maximum allowable weight established on the 33     
WDEOHIRUPHDVXUHPHQWDWWKDWSODFH 34     
___________________________________ 35     
     
37     
Table II
38     
Place for measurement Maximum allowable 39     
of weight weight in pounds 40     
41     
Any individual wheel 10,000 42     
Any axle 20,000 43     
Any tandem axles 34,000 44     
45     
     
___________________________________
47     
(3) A vehicle, group of axles or combination 48     
of vehicles exceeds the maximum allowable 49     
weight if the loaded weight is in excess of max- 50     
51     
imum allowable weight as determined by the 52     
method in the following table that produces 53     
WKHORZHUDOORZDEOHPD[LPXPZHLJKW 54     
___________________________________ 55     
     

Page 357 (2015 Edition)

 OREGON VEHICLE CODE

57 or RQ,QWHUVWDWHRU86+LJKZD\$YHKLFOH
over     
otherwise described in this subsection that is
___________________________________ operating at a weight not listed in this subsec-
For the purpose of the table in this subsection, tion must comply with subsection (1) of this
the distance between axles shall be measured VHFWLRQ
WRWKHQHDUHVWIRRW:KHQDIUDFWLRQDOPHDVXUH- (5) Notwithstanding any other provision of
ment is exactly one-half foot the next larger this section, the maximum wheel load for the
ZKROHQXPEHUVKDOOEHXVHG front axle of the power unit on a vehicle used
(4) Notwithstanding any other provision of for curbside solid waste or recycling collection
this section, a vehicle with farm vehicle reg- that has tires that are at least 12-1/2 inches
LVWUDWLRQLVVXHGXQGHU256RUZLWK wide shall be the load limit established by
out-of-state farm vehicle registration exceeds the tire manufacturer, as molded on at least
the maximum allowable weight if the loaded one sidewall of the tire, up to a maximum of
weight of the vehicle or combination of vehicles 10,000 pounds, as long as the tire is approved
exceeds the amount shown in the following by the Department of Transportation pursuant
WDEOH WR256>F†F
†F†DF†F
___________________________________ †F†F†F†@
Distance
in feet 818.012 Wheel load on certain vehicles;
between rules. The Department of Transportation
the
extremes may adopt rules approving tires for the use
of any GHVFULEHGLQ256,QDGRSWLQJWKH
group of Maximum allowable weight in pounds
RUPRUHIRUQXPEHURID[OHVLQJURXSRID[OHV rules, the department shall consider the poten-
consecutive tial damage to highways caused by use of the
D[OHV    
Axles Axles Axles Axles tires and may reject a tire that otherwise meets
437,800 WKHFULWHULDRI256LIWKHGHSDUW-
537,800 PHQWÀQGVWKDWWKHXVHRIWKHWLUHZRXOGFDXVH
37,800 H[FHVVLYHGDPDJHWRKLJKZD\V>F†@
737,800
837,800 42,000 818.020 Violating maximum weight
937,800 42,400 limits; civil liability; penalties. (1) A
1037,800 43,500 person commits the offense of violating max-
11 44,000 imum weight limits if the person does any of
12 45,000 50,000 WKHIROORZLQJ
13   
14 57,940 57,940 57,940 (a) Drives or moves on a highway any vehi-
15 59,400 59,400 59,400 cle or combination of vehicles that exceed the
    ZHLJKWOLPLWVHVWDEOLVKHGXQGHU256
17   
18   
(b) Owns a vehicle or combination of vehicles
19    and causes or permits the vehicle or combi-
20    nation of vehicles to be driven or moved on a
21    highway when the vehicle or combination of
22    vehicles exceeds the weight limits established
23    XQGHU2562SHUDWLRQRIDQ\YHKLFOH
24    or combination of vehicles in violation of this
25    section is prima facie evidence that the owner
   
of the vehicle or combination caused or permit-
27   
28   
ted the vehicle or combination to be so operated
29    and the owner shall be liable for any penalties
30 72,050 imposed under subsection (4) of this section as
31    DUHVXOWRIWKHRSHUDWLRQ
32 73,150
33 73,700
(2) The application of this section is subject
34 74,250
to the exemptions from this section established
35 74,800 XQGHU256
 75,350 (3) Violation of the offense described in this
37 75,900
section is subject to civil liability under ORS
38   
39 77,000

40 77,550 (4) The offense described in this section,
41 78,100 YLRODWLQJPD[LPXPZHLJKWOLPLWVLV
42   
43 80,000  D$&ODVV$WUDIÀFYLRODWLRQLIDWWKHWLPH
and RIWKHRIIHQVHDQHQIRUFHPHQWRIÀFHUGHWHU-
over mines the vehicle was eligible for a variance
___________________________________ SHUPLWXQGHU256DQG
Weights authorized under this subsection are  E ,Q FLUFXPVWDQFHV QRW GHVFULEHG LQ
authorized only if the vehicle is transporting paragraph (a) of this subsection, punishable
ÀHOGORDGHGDJULFXOWXUDOSURGXFWVLQ0DOKHXU E\SHQDOWLHVHVWDEOLVKHGLQ6FKHGXOH,RIWKH
&RXQW\:HLJKWVDXWKRUL]HGXQGHUWKLVVXEVHF- VFKHGXOHVRISHQDOWLHVXQGHU256
tion are not authorized for vehicles traveling >F†F†@

Page 358 (2015 Edition)

 9(+,&/(/,0,76  

818.030 Exemptions from weight lim-
itations. This section establishes exemptions
from the maximum weight limitations under
256DQG7KHH[HPSWLRQV
under this section are in addition to any
H[HPSWLRQVXQGHU2562SHUDWLRQ
may have a loaded weight of 34,000 pounds
each when operating on interstate highways
with a permit and on other highways without
a permit, providing the distance between the
ÀUVWDQGODVWD[OHVRIWKHWZRVHWVRIWDQGHP
D[OHVLVDWOHDVWIHHWEXWOHVVWKDQIHHW
in accordance with one of the exemptions  E 1RWZLWKVWDQGLQJ 7DEOH ,,, RI 256
described is not subject to the penalties in ORS WZRFRQVHFXWLYHVHWVRIWDQGHPD[OHV
([HPSWLRQVDUHSDUWLDORUFRPSOHWH may have a loaded weight of 34,000 pounds
DVGHVFULEHGLQWKHIROORZLQJ each when operating on any highway if the
(1) The maximum weight limitations do not RYHUDOOGLVWDQFHEHWZHHQWKHÀUVWDQGWKHODVW
apply on any way, thoroughfare or place owned D[OHVRIWKHVHWVRIWDQGHPD[OHVLVIHHWRU
by a district formed under ORS chapters 545, PRUH
547 and 551 or a corporation formed under ORS
FKDSWHU
(2) The maximum weight limitations do not
apply on any road or thoroughfare or property
in private ownership or any road or thorough-
fare, other than a state highway or county
road, used pursuant to any agreement with any
agency of the United States or with a licensee
RIVXFKDJHQF\RUERWK
(3) The maximum weight limitations do not
apply to any vehicle, combination of vehicles,
article, machine or other equipment while
being used by the federal government, the
State of Oregon or any county or incorporated
city in the construction, maintenance or repair
of public highways and at the immediate loca-
tion or site of such construction, maintenance
RUUHSDLU
(4) The maximum weight limitations do not
apply to vehicles while being used on the roads
of a road authority by mass transit districts for
WKHSXUSRVHVDXWKRUL]HGXQGHU256WR
SURYLGHGWKHZHLJKWRIWKHYHKLFOHVLV
DSSURYHGE\WKHURDGDXWKRULW\IRUWKHURDGV
(5) Subject to the maximum weight limita-
WLRQVXQGHU7DEOHV,DQG,,,RI256
any vehicle with a single rear axle specially
equipped with a self-compactor and used
exclusively for garbage or refuse operations
may have a loaded weight upon a single axle
of not more than 22,000 pounds when laden
ZLWKJDUEDJHRUUHIXVH:KHQXQODGHQRUZKHQ
operating on any highway that is part of the
federal interstate highway system such vehi-
cles shall comply with the weight limitations
XQGHU7DEOH,,RI256
  1RWZLWKVWDQGLQJ 7DEOH ,,, RI 256
DJURXSRIIRXUD[OHVFRQVLVWLQJRID
set of tandem axles and two axles spaced nine
feet or more apart may have a loaded weight
RIPRUHWKDQSRXQGVDQGXSWR
pounds when operating on interstate highways
with a permit and on other highways without
a permit, providing the distance between the
ÀUVWDQGODVWD[OHVRIWKHJURXSLVIHHWRU
PRUH
(10) The maximum weight limitations do
not apply to a vehicle equipped with a fully
functional idle reduction system designed to
reduce fuel use and emissions from engine
LGOLQJ7KHYHKLFOHPD\H[FHHGWKHZHLJKWOLP-
LWDWLRQVHVWDEOLVKHGXQGHU256E\QRW
PRUHWKDQSRXQGV>F†
F†F†F†
F†@
818.040 Violation of posted weight
limits; civil liability; penalty. (1) A person
commits the offense of violation of posted
weight limits if the person does any of the
IROORZLQJ
(a) Drives or moves on a highway any vehi-
cle or combination of vehicles that exceed any
weight limits imposed on the highway or por-
tion of highway and indicated by appropriate
VLJQVJLYLQJQRWLFHRIWKHOLPLWV
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
nation of vehicles to be driven or moved on
a highway when the vehicle or combination
exceeds any weight limits imposed on the high-
way or portion of highway and indicated by
DSSURSULDWHVLJQVJLYLQJQRWLFHRIWKHOLPLWV
 :HLJKWOLPLWDWLRQVDUHQRWDSSOLFDEOHLQ
any place and to the extent the weight limita-
WLRQVDUHPRGLÀHGE\DURDGDXWKRULW\XQGHU
2567KHH[HPSWLRQXQGHUWKLVVXE-
section is subject to the limitations imposed
by the road authority exercising the powers
JUDQWHGXQGHU256
(7) Operations authorized to exceed weight
limitations by a variance permit issued under
256DUHVXEMHFWWRWKHWHUPVRIWKH
SHUPLW,WVKDOOEHDGHIHQVHWRDQ\FKDUJH
RIYLRODWLRQRI256LIWKHSHUVRQVR
charged produces a variance permit issued
XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ
of the vehicle or combination of vehicles issued
SULRUWRDQGYDOLGDWWKHWLPHRIWKHRIIHQVH
Operation of any vehicle or combination of
vehicles in violation of this section is prima
facie evidence that the owner of the vehicle or
combination caused or permitted the vehicle or
combination to be so operated and the owner
shall be liable for any penalties imposed under
subsection (5) of this section as a result of the
RSHUDWLRQ
(2) The authority to establish and change
weight limits for purposes of the prohibitions
and penalties under this section is under ORS

(3) The application of this section is subject
to the exemptions from this section established
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Page 359 (2015 Edition)

 OREGON VEHICLE CODE
(4) Violation of the offense described in this
section is subject to civil liability under ORS

(5) The offense described in this section,
violation of posted weight limits, is punishable
DVSURYLGHGXQGHU6FKHGXOH,,,RIWKHSHQDOWLHV
XQGHU2567KHSHQDOWLHVXQGHUWKLV
subsection are in addition to any suspension of
GULYLQJSULYLOHJHVXQGHU256RUDQ\
suspension of vehicle registration under ORS
>F†@
818.050 Exemptions from posted weight
limits. This section establishes exemptions
from the posted weight limits under ORS
7KHH[HPSWLRQVXQGHUWKLVVHFWLRQ
are in addition to any exemptions under ORS
2SHUDWLRQLQDFFRUGDQFHZLWKRQHRI
the exemptions described is not subject to ORS
([HPSWLRQVDUHSDUWLDORUFRPSOHWH
DVGHVFULEHGLQWKHIROORZLQJ section is subject to civil liability under ORS
(1) Posted weight limits do not apply on any
way, thoroughfare or place owned by a district
formed under ORS chapters 545, 547, 551 or a
FRUSRUDWLRQIRUPHGXQGHU256FKDSWHU
(2) Posted weight limits 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 pur-
suant to any agreement with any agency of the
United States or with a licensee of such agency
RUERWK
(3) Posted weight limits do not apply to
any vehicle, combination of vehicles, article,
machine or other equipment while being used
by the federal government, the State of Oregon
or any county or incorporated city in the con-
struction, maintenance or repair of public
highways and at the immediate location or site
RIVXFKFRQVWUXFWLRQPDLQWHQDQFHRUUHSDLU
(4) Posted weight limits do not apply to
vehicles while being used on the roads of a
road authority by mass transit districts for
WKHSXUSRVHVDXWKRUL]HGXQGHU256WR
SURYLGHGWKHZHLJKWRIWKHYHKLFOHVLV
DSSURYHGE\WKHURDGDXWKRULW\IRUWKDWURDG
(5) Operations authorized to exceed weight
limits by a variance permit issued under ORS
DUHVXEMHFWWRWKHWHUPVRIWKHSHUPLW
,WVKDOOEHDGHIHQVHWRDQ\FKDUJHRIYLROD-
WLRQRI256LIWKHSHUVRQVRFKDUJHG
produces a variance permit issued under ORS
DXWKRUL]LQJWKHRSHUDWLRQRIWKHYHKL-
cle or combination of vehicles issued prior to
DQGYDOLGDWWKHWLPHRIWKHRIIHQVH>F
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WEIGHT AND SIZE
818.060 Violation of administratively
imposed weight or size limits; civil lia-
bility; penalties. (1) A person commits the
offense of violation of administratively imposed
weight or size limits if the person does any of
WKHIROORZLQJ (5) Operations authorized to exceed weight
(a) Drives or moves on a highway any vehicle
or combination of vehicles that exceeds weight
3DJH
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(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
nation of vehicles to be driven or moved on a
highway when the vehicle or combination of
vehicles exceeds weight or size limits imposed
XQGHU256RU2SHUDWLRQRI
any vehicle or combination of vehicles in viola-
tion of this section is prima facie evidence that
the owner of the vehicle or combination caused
or permitted the vehicle or combination to be
so operated and the owner shall be liable for
any penalties imposed under subsection (4) of
WKLVVHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this

(4) The offense described in this section,
violation of administratively imposed weight
RUVL]HOLPLWVLVVXEMHFWWRSHQDOW\DVIROORZV
(a) Violation of any size limit is subject to
penalty under the schedule of penalties in ORS

(b) Violation of any weight limit is subject
WRSHQDOW\XQGHU6FKHGXOH,RIWKHSHQDOWLHV
LQ256>F†F
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818.070 Exemptions from administra-
tively imposed weight or size limitations.
This section establishes exemptions from ORS
7KHH[HPSWLRQVXQGHUWKLVVHFWLRQ
are in addition to any exemptions under ORS
([HPSWSDUWLDOO\RUFRPSOHWHO\DV
GHVFULEHGDUHWKHIROORZLQJ
(1) Any vehicle on any way, thoroughfare or
place owned by a district formed under ORS
chapters 545, 547 and 551 or a corporation
IRUPHGXQGHU256FKDSWHU
(2) A vehicle 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
DOLFHQVHHRIVXFKDJHQF\RUERWK
(3) Any vehicle, combination of vehicles, arti-
cle, machine or other equipment while being
used by the federal government, the State of
Oregon or any county or incorporated city in
the construction, maintenance or repair of
public highways and at the immediate loca-
tion or site of such construction, maintenance
RUUHSDLU
(4) Vehicles while being used on the roads of
a road authority by a mass transit district for
WKHSXUSRVHVDXWKRUL]HGXQGHU256
WR  SURYLGHG WKH ZHLJKW RU VL]H LV
DSSURYHGE\WKHURDGDXWKRULW\IRULWVURDGV
or size limitations by a variance permit issued
XQGHU256DUHVXEMHFWWRWKHWHUPVRI
WKHSHUPLW,WVKDOOEHDGHIHQVHWRDQ\FKDUJH
(2015 Edition)
 9(+,&/(/,0,76  

RIYLRODWLRQRI256LIWKHSHUVRQVR ___________________________________
charged produces a variance permit issued 7$%/(,,
XQGHU256WKDWDXWKRUL]HGWKHRSHU-
ation and that was issued prior to and valid at 'HVLJQDWHGSRLQW /LPLWDSSOLFDEOHWR 0D[LPXP
limit of
WKHWLPHRIWKHRIIHQVH>F†@ allowable
extension
beyond
SIZE designated
    SRLQW
818.080 Maximum size limits. This (1) Line of left
section establishes maximum size limits for fenders of
SXUSRVHVRI256([FHSWZKHUHDQ  YHKLFOH /RDGRQDQ\
passenger
H[HPSWLRQXQGHU256VSHFLÀFDOO\SUR-   YHKLFOH 1R
vides otherwise, any vehicle or load thereon allowable
that exceeds a maximum allowable size as extension
determined by any of the following tables beyond
designated
exceeds the maximum size limits for purposes     SRLQW
RI256 (2) Line of right
fenders of
(1) A vehicle or combination of vehicles, as  YHKLFOH /RDGRQDQ\
appropriate, exceeds the maximum allowable passenger
size if a dimension of the vehicle, combination   YHKLFOHLQFKHV
(3) Front of
of vehicles or load thereon is beyond an appli-  YHKLFOH /RDGRQ
cable maximum size allowable on the following any vehicle
WDEOH or combination
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vehicle
7$%/(, operating
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OLPLWHG   DOORZDEOH vehicle or any
size, in   ORDGWKHUHRQ 7KUHH
feet, for fourths the
dimension length
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(1) Total wheelbase
outside of the
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(2) Height, (5) Last axle of
including combination
 ORDG $Q\YHKLFOH   RIYHKLFOHV$Q\SRUWLRQRI
 /HQJWK $Q\YHKLFOH combination of
  RSHUDWLQJVLQJO\ vehicles or any
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combination of the
  RIYHKLFOHV  length
Combination of of the
vehicles, wheelbase
  LQFOXGLQJORDG of the
Combination of combination
vehicles that includes     RIYHKLFOHV
a stinger-steered ___________________________________
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(4) Length of [1983F†F†F

load on
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operating 818.090 Violation of maximum size
singly or as a
unit in
limits; civil liability;
a combination SHQDOWLHV$SHUVRQFRPPLWVWKHRIIHQVHRI
  RIYHKLFOHV 
violation of maximum size limits if the
___________________________________
person does any of the
The maximum limit on height under the table
in this subsection does not relieve the owner or IROORZLQJ
driver of any vehicle or combination of vehicles (a) Drives or moves on a highway any vehicle
from the exercise of due care in determining or combination of vehicles
WKDWVXIÀFLHQWYHUWLFDOFOHDUDQFHLVSURYLGHG
upon the highways and streets where the vehi- that exceeds the size limits established under
FOHRUFRPELQDWLRQRIYHKLFOHVLVEHLQJRSHUDWHG 256
(2) A vehicle or combination of vehicles, as (b) Owns a vehicle or combination of vehicles
appropriate, exceeds the maximum allowable and causes or permits the vehicle or combi-
size if a portion of the vehicle, combination of nation of vehicles to be driven or moved on
vehicles or load thereon is subject to a limita- a highway when the vehicle or combination
tion under the following table and that portion of vehicles exceeds the size limits established
extends farther than the maximum limit of XQGHU2562SHUDWLRQRIDQ\YHKL-
allowable extension beyond a designated point cle or combination of vehicles in violation of
DVGHWHUPLQHGE\WKHIROORZLQJWDEOH this section is prima facie evidence that the
owner of the vehicle or combination caused or

3DJH (2015 Edition)

 OREGON VEHICLE CODE
permitted the vehicle or combination to be so
operated and the owner shall be liable for any
penalties imposed under subsection (4) of this
VHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section, vio-
lation of maximum size limits, is punishable
according to the schedule of penalties estab-
OLVKHGLQ256>F†@
818.100 Exemptions from size limita-
tions. This section establishes exemptions
from the maximum size limitations under ORS
DQG7KHH[HPSWLRQVXQGHU
this section are in addition to any exemptions
XQGHU2562SHUDWLRQLQDFFRUGDQFH
with one of the exemptions described is not
VXEMHFWWR256([HPSWLRQVDUHSDU-
WLDORUFRPSOHWHDVGHVFULEHGLQWKHIROORZLQJ state any combination of vehicles having an
(1) The maximum size limits 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

(2) The maximum size limits do not apply on
(7) Pneumatic tires made of elastic mate-
ULDOÁH[LEOHPXGÁDSVÁH[LEOHIHQGHUVVDIHW\
accessories such as clearance lights, rub rails
and binder chains, and appurtenances such as
door handles, door hinges and turning signal
brackets may exceed the maximum allowable
ZLGWKGHVFULEHGLQ7DEOH,RI256E\
a distance not greater than two inches on each
VLGHRIWKHYHKLFOH
(8) Rearview mirrors may exceed the max-
LPXPDOORZDEOHZLGWKGHVFULEHGLQ7DEOH,RI
256
(9) Notwithstanding the maximum allow-
able length of vehicles and loads on vehicles
XQGHU7DEOH,RI256SXEOLFXWLOLWLHV
telecommunications utilities, people’s utilities
GLVWULFWVDQGFRRSHUDWLYHUXUDOHOHFWULÀFDWLRQ
districts or common or contract carriers when
acting as agent for or on direct orders of such a
utility or district, for the purpose of transport-
ing and hauling poles, piling or structures used
or to be used in connection with their business,
may use and operate upon any highway of this
overall length including load the total length
of which is not in excess of 80 feet unless an
HPHUJHQF\H[LVWV
(10) The load on a semitrailer may exceed
the maximum length established under ORS
SURYLGLQJWKHORDGGRHVQRW
any road or thoroughfare or property in private  D([WHQGEH\RQGWKHUHDURIWKHVHPLWUDLOHU
ownership or any road or thoroughfare, other E\PRUHWKDQÀYHIHHW
than a state highway or county road, used pur-
suant to any agreement with any agency of the  E([WHQGIRUZDUGRIWKHUHDURIWKHFDERI
United States or with a licensee of such agency the towing vehicle; or
RUERWK
(3) The maximum size limits do not apply
to any vehicle, combination of vehicles, arti-
cle, machine or other equipment while being
used by the federal government, the State of
Oregon or any county or incorporated city in
the construction, maintenance or repair of
public highways and at the immediate loca-
tion or site of such construction, maintenance
RUUHSDLU
(4) The maximum size limits do not apply
to vehicles while being used on the roads of a
road authority by mass transit districts for
WKHSXUSRVHVDXWKRUL]HGXQGHU256
WRSURYLGHGWKHVL]HRIWKHYHKLFOHVLV
DSSURYHGE\WKHURDGDXWKRULW\IRUWKHURDGV
(5) Size limits are not applicable in any place
DQGWRWKHH[WHQWVL]HOLPLWVDUHPRGLÀHGE\
D URDG DXWKRULW\ XQGHU 256  7KH
exemption under this subsection is subject to
the limitations imposed by the road author-
ity exercising the powers granted under ORS

 F([FHHGDQRYHUDOOOHQJWKSHUPLWWHGE\
a rule, resolution or ordinance adopted under
256
(11) The load upon a truck tractor and
pole trailer may exceed the maximum length
HVWDEOLVKHGXQGHU256LIWKHRYHUDOO
length does not exceed that authorized by a
rule, resolution or ordinance adopted under
256
(12) None of the size limits described under
256H[FHSWWKHPD[LPXPOLPLWRI
allowable extension beyond the last axle of a
FRPELQDWLRQRIYHKLFOHVXQGHU7DEOH,,DSSO\
to implements of husbandry hauled, towed
or moved upon any highway not a part of the
)HGHUDO ,QWHUVWDWH +LJKZD\ 6\VWHP LI WKH
movement is incidental to a farming operation
and the owner of the implement of husbandry
is engaged in farming or if the owner is hired
by or under contract to a farmer to perform
DJULFXOWXUDODFWLYLWLHV
(13) The rear overhang of a combination
of vehicles described in this subsection may
 2SHUDWLRQVDXWKRUL]HGWRH[FHHGVL]H
limits by a variance permit issued under ORS
DUHVXEMHFWWRWKHWHUPVRIWKHSHUPLW
,WVKDOOEHDGHIHQVHWRDQ\FKDUJHRIYLROD-
WLRQRI256LIWKHSHUVRQVRFKDUJHG
produces a variance permit issued under ORS
extend more than one-third but not more
than one-half the length of the wheelbase of
WKHFRPELQDWLRQRIYHKLFOHV7KLVVXEVHFWLRQ
is applicable to any combination of vehicles
consisting of a motor vehicle towing any of the
IROORZLQJ
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cle or combination of vehicles issued prior to
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3DJH (2015 Edition)

 9(+,&/(/,0,76  

(b) Any trailer designed to carry a single VSHFLÀFKLJKZD\ZLWKLQWKHMXULVGLFWLRQRIWKH

QRQPRWRUL]HGDLUFUDIW URDGDXWKRULW\
(14) The rear overhang of a combination
consisting of a motor vehicle towing a manufac-
tured structure may exceed one-third, but may
not exceed one-half, the length of the wheelbase
RIWKHFRPELQHGYHKLFOHDQGVWUXFWXUH
(15) A recreational vehicle may exceed
the maximum width established under ORS
LIWKHH[FHVVZLGWKLVDWWULEXWDEOHWRDQ
appurtenance that does not extend beyond the
body of the vehicle by more than four inches, or
if a passenger-side awning, by more than six
LQFKHV$VXVHGLQWKLVVXEVHFWLRQ´DSSXUWH-
 :LWKLQGD\VIROORZLQJUHFHLSWRID
request, the road authority shall do one of the
IROORZLQJ
(a) Grant the request and adopt a rule,
resolution or ordinance as provided in ORS

(b) Complete an evaluation of the request
to determine whether the highway can safely
DFFRPPRGDWHWKHSURSRVHGRSHUDWLRQ7KHHYDO-
uation shall consist of a test run as described
in subsection (3) of this section and an exam-
ination of information about the highway as
QDQFHµPHDQVDQDSSHQGDJHWKDWLVLQVWDOOHG
by a factory or a vehicle dealer and is intended
DVDQLQWHJUDOSDUWRIWKHUHFUHDWLRQDOYHKLFOH
´$SSXUWHQDQFHµGRHVQRWLQFOXGHDQLWHPWHP-
SRUDULO\DIÀ[HGRUDWWDFKHGWRWKHH[WHULRURID
vehicle for the purpose of transporting the item
IURPRQHORFDWLRQWRDQRWKHU´$SSXUWHQDQFHµ
GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(c) Produce a previous evaluation and
determination that applies to the proposed
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(3) The following apply to a test run under-
taken as part of an evaluation under subsection
does not include an item that obstructs the ERIWKLVVHFWLRQ
GULYHU·VUHDUZDUGYLVLRQ
(a) The party requesting the change in access
 D$UHFUHDWLRQDOYHKLFOHPD\H[FHHG
the maximum length established under ORS
LIWKHYHKLFOHLVQRWPRUHWKDQIHHW
ORQJ
(b) A combination that includes a recre-
ational vehicle that is not more than 45 feet
long, when operating on Group 1 or Group 2
highways as designated by the Department
of Transportation, may exceed the maximum
length for vehicles in a combination established
XQGHU256LIWKHFRPELQDWLRQLVQRW
PRUHWKDQIHHWORQJ
(17) A motor vehicle transporter may exceed
the maximum lengths established in ORS
IRUDVLQJOHYHKLFOHDYHKLFOHLQDFRP-
bination of vehicles and a load if the length of
the single vehicle, vehicle in a combination or
ORDGGRHVQRWH[FHHGIHHW
(18) A motor vehicle transporter towing
another vehicle, when operating on a Group
1 or Group 2 highway as designated by the
shall provide a truck tractor and semitrailer
FRPELQDWLRQIRUWKHWHVWUXQ7KHFRPELQDWLRQ
must be equal to or greater in length than the
truck tractor and semitrailer combinations for
ZKLFKDFFHVVLVUHTXHVWHG
(b) The road authority shall issue a single
WULSYDULDQFHSHUPLWIRUWKHWHVWUXQ
(c) During the test run, road authority staff
shall precede and follow the test run combi-
nation to observe vehicle operability and to
gather data to be used by the road authority
WRGHWHUPLQH
(A) Whether the test run combination main-
tained its lane of travel; and
(B) Whether the test run combination
maintained appropriate speed, or there was
adequate sight distance for trailing vehicles
to pass the combination, or there was enough
room for the combination to pull off the road-
ZD\WRDOORZWUDLOLQJYHKLFOHVWRSDVV
department, may exceed the maximum length  ,QFRQGXFWLQJDQHYDOXDWLRQXQGHUVXE-
HVWDEOLVKHGLQ256IRUDFRPELQDWLRQ section (2)(b) of this section, the road authority
of vehicles if the overall length does not exceed shall examine the following information about
IHHW WKHKLJKZD\
(19) A school bus or school activity vehicle
may exceed the maximum length established
XQGHU256LIWKHYHKLFOHLVQRWPRUH
WKDQIHHWORQJ>F†F
†F†F†
F†F†F†
F†F†F†
F†F†F†
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 5HTXHVWIRUXQUHVWULFWHGDFFHVVWR
VSHFLÀHGKLJKZD\IRURYHUOHQJWKFRPELQDWLRQ
 D$YHUDJHGDLO\WUDIÀFÁRZ
(b) Accident rate;
(c) Pavement and shoulder conditions; and
(d) Any information the road authority has
regarding proposed improvements or any pecu-
OLDULWLHVDVVRFLDWHGZLWKWKHKLJKZD\
(5) All information gathered under sub-
sections (3) and (4) of this section shall be
analyzed by the road authority to determine
whether the highway can safely accommodate
PDQGDWHGUHVSRQVHVWRUHTXHVW$Q\SHUVRQ the requested truck tractor and semitrailer
who transports property, or causes property to OHQJWK
be transported, by motor vehicle may request
that a road authority, other than a city, autho-
rize unrestricted access by truck tractor and
semitrailer combinations in lengths in excess
RIWKDWDXWKRUL]HGXQGHU256RQD
 7KHURDGDXWKRULW\VKDOOJLYHZULWWHQ
QRWLÀFDWLRQWRWKHSHUVRQUHTXHVWLQJDFFHVVWR
the highway of the results of any evaluation

3DJH (2015 Edition)

 OREGON VEHICLE CODE
done under subsection (2)(b) or (9) of this
VHFWLRQ
(7) When an evaluation under subsection (2)
(b) of this section results in a determination
that the highway can safely accommodate the
requested truck tractor and semitrailer length
only if conditions are imposed on the operation,
the road authority may require that any truck
tractor and semitrailer combination of that
length operate under a variance permit issued
XQGHU256WKDWVWDWHVWKHFRQGLWLRQV
RIRSHUDWLRQ
(8) When an evaluation under subsection (2)
(b) of this section results in a determination
that the highway cannot safely accommodate
the requested truck tractor and semitrailer
length, the requesting person may ask for fur-
WKHUHYDOXDWLRQ
(9) When a person requests further evalu-
ation under subsection (8) of this section, the
road authority shall conduct a detailed inves-
tigation of the proposed operation that may
LQFOXGH (2) The application of this section is subject
(a) A more detailed analysis of average daily
WUDIÀFÁRZLQFOXGLQJWUDIÀFSHDNKRXUVDQG
volumes;
(b) Analysis of roadway and shoulder width;
(c) Review of test run data, including any
photographs or videotape;
VEHICLE COMBINATIONS
818.110 Exceeding maximum number
of vehicles in combination; civil liability;
penalty. (1) A person commits the offense of
exceeding the maximum number of vehicles
in combination if the person does any of the
IROORZLQJ
(a) Drives or moves on a highway any com-
bination of vehicles that consists of more than
WZRYHKLFOHV
(b) Owns any vehicle and causes or permits
the vehicle to be driven or moved on a highway
when the vehicle is in a combination of vehicles
WKDWFRQVLVWVRIPRUHWKDQWZRYHKLFOHV2SHUD-
tion of any combination of vehicles in violation
of this section is prima facie evidence that the
owner of the vehicles in the combination caused
or permitted the combination to be so operated
and the owner shall be liable for any penalties
imposed under subsection (4) of this section as
DUHVXOWRIWKHRSHUDWLRQ
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
exceeding maximum number of vehicles in
 G7UXFNYROXPHFRPSDUHGWRWRWDOWUDIÀF
volume;
(e) Overlength truck volume compared to
WRWDOWUDIÀFYROXPH 818.120 Exemptions from limits on
(f) Stopping sight distance for legal speed;
(g) Cost of spot improvements and facility
improvements;
(h) Accident history for the highway or sim-
ilar highways; and
(i) Potential risk of collisions between two
WUXFNVRUDWUXFNDQGDQDXWRPRELOH
(10) When an evaluation under subsection
(9) of this section results in a determination
that the highway can safely accommodate the
requested truck tractor and semitrailer length
only if conditions are imposed on the operation,
the road authority may require that any truck
tractor and semitrailer combination of that
length operate under a variance permit issued
XQGHU256WKDWVWDWHVWKHFRQGLWLRQV
RIRSHUDWLRQ
(11) When an evaluation under subsection
(9) of this section results in a determination
that the highway cannot safely accommodate
the requested truck tractor and semitrailer
length, no further evaluation may be conducted
unless improvements are made to the highway
DQGDVXEVHTXHQWUHTXHVWLVPDGH>F
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NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 818 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
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number of vehicles in combinations.
This section establishes exemptions from ORS
7KHH[HPSWLRQVXQGHUWKLVVHFWLRQ
are in addition to any exemptions under ORS
2SHUDWLRQLQDFFRUGDQFHZLWKRQHRI
the exemptions described is not subject to ORS
([HPSWLRQVDUHSDUWLDORUFRPSOHWHDV
GHVFULEHGLQWKHIROORZLQJ
(1) The limit on the number of vehicles that
may be operated in combination does 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

(2) The limit on the number of vehicles that
may be operated in combination does not apply
on any road or thoroughfare or property in pri-
vate 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
RIVXFKDJHQF\RUERWK
(3) The limit on the number of vehicles that
may be operated in combination does not apply
to any vehicles, combination of vehicles, arti-
cles, machines or other equipment while being
used by the federal government, the State of
Oregon or any county or incorporated city in
the construction, maintenance or repair of
public highways and at the immediate loca-
tion or site of such construction, maintenance
RUUHSDLU
(2015 Edition)
 9(+,&/(/,0,76
(4) The limit on the number of vehicles that
may be operated in combination does not apply
to any vehicles while being used on the roads
of a road authority by mass transit districts
IRUSXUSRVHVDXWKRUL]HGXQGHU256
WRSURYLGHGWKHXVHRIWKHYHKLFOHVLV
DSSURYHGE\WKHURDGDXWKRULW\IRULWVURDGV
(5) Operations authorized to exceed the
limit on the number of vehicles that may be
operated in combination by a variance permit
LVVXHGXQGHU256DUHVXEMHFWWRWKH
WHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVHWRDQ\
FKDUJHRIYLRODWLRQRI256LIWKHSHUVRQ
so charged produces a variance permit issued
XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ
of the combination of vehicles issued prior to
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penalties imposed under subsection (5) of this
VHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(2) The authority to establish and change
use limits for purposes of the prohibitions
and penalties under this section is under ORS

(3) The application of this section is subject
to the exemptions from this section established
XQGHU256
(4) Violation of the offense described in this
section is subject to civil liability under ORS

(5) The offense described in this section,
violation of posted limits of use of a road, is a
&ODVV'WUDIÀFYLRODWLRQ>F†
F†F†F†@
 ,QGULYHDZD\RSHUDWLRQVWKUHHYHKLFOHV
may be coupled together by a double sad-
dle-mount method or by a single saddle-mount
and tow bar method or four vehicles by a triple
VDGGOHPRXQWPHWKRG
(7) A combination of three implements of
husbandry or two implements of husbandry
hauled or towed by another vehicle may be
operated on a highway without violation of
WKHOLPLWVXQGHU256
(8) A truck tractor and semitrailer drawing
one trailer or a truck tractor and semitrailer
drawing one additional semitrailer mounted on
DGROO\HTXLSSHGZLWKDÀIWKZKHHOKLWFKPD\
be operated on a highway without violation of
WKHOLPLWVXQGHU256
(9) A truck tractor and semitrailer drawing a
balance trailer with a length not in excess of 15
feet and a loaded weight not in excess of 8,000
pounds or drawing a dolly may be operated on
a highway without violation of the limits under
256>F†F†
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POSTED USE LIMITS
818.130 Violation of posted limits on
use; civil liability; penalty. (1) A person
commits the offense of violation of posted limits
on use of a road if the person does any of the
IROORZLQJ ity by mass transit districts for the purposes
(a) Drives or moves on a highway any vehicle
or combination of vehicles that exceeds any use
limits, other than weight limits, imposed on the
highway or portion of highway and indicated by
DSSURSULDWHVLJQVJLYLQJQRWLFHRIWKHOLPLWV
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
nation of vehicles to be driven or moved on
a highway when the vehicle or combination
exceeds any use limits, other than weight
limits, imposed on the highway or portion of
highway and indicated by appropriate signs
JLYLQJQRWLFHRIWKHOLPLWV2SHUDWLRQRIDQ\
vehicle or combination of vehicles in violation
of this section is prima facie evidence that the
owner of the vehicle or combination caused or This section establishes safety requirements
permitted the vehicle or combination to be so IRUWRZLQJIRUSXUSRVHVRI256([FHSW
operated and the owner shall be liable for any ZKHUH DQ H[HPSWLRQ XQGHU 256 
VSHFLÀFDOO\ SURYLGHV RWKHUZLVH WKH VDIHW\
818.140 Exemptions from posted use
limits. This section establishes exemptions
IURP 256  7KH H[HPSWLRQV XQGHU
this section are in addition to any under ORS
2SHUDWLRQLQDFFRUGDQFHZLWKRQHRI
the exemptions described is not subject to ORS
([HPSWLRQVDUHSDUWLDORUFRPSOHWH
DVGHVFULEHGLQWKHIROORZLQJ
(1) Posted use limits do not apply on any
way, thoroughfare or place owned by a district
formed under ORS chapters 545, 547, 551 or a
FRUSRUDWLRQIRUPHGXQGHU256FKDSWHU
(2) Posted use limits 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 pur-
suant to any agreement with any agency of the
United States or with a licensee of such agency
RUERWK
(3) Posted use limits do not apply to any vehi-
cle, combination of vehicles, article, machine
or other equipment while being used by the
federal government, the State of Oregon or any
county or incorporated city in the construction,
maintenance or repair of public highways and
at the immediate location or site of such con-
VWUXFWLRQPDLQWHQDQFHRUUHSDLU
(4) Posted use limits do not apply to vehicles
while being used on the roads of a road author-
DXWKRUL]HGXQGHU256WR
provided the use of the vehicles is approved
E\WKHURDGDXWKRULW\IRUWKDWURDG
(5) Operations authorized by a variance
SHUPLWLVVXHGXQGHU256DUHVXEMHFW
WRWKHWHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVH
WRDQ\FKDUJHRIYLRODWLRQRI256LI
the person so charged produces a variance
SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ
the operation of the vehicle or combination of
vehicles issued prior to and valid at the time
RIWKHRIIHQVH>F†@
TOWING SAFETY
818.150 Safety requirements for towing.

3DJH (2015 Edition)

 OREGON VEHICLE CODE

requirements for towing are violated for pur- (a) Drives or moves on a highway any vehicle
SRVHVRI256LIDQ\RIWKHIROORZLQJ or combination of vehicles that are in violation
DUHYLRODWHG of the safety requirements for towing vehicles
 ,IRQHYHKLFOHLVWRZLQJDQRWKHUWKHWRZ
bar, coupling device and other connections
PXVW EH RI VXIÀFLHQW VWUHQJWK WR KROG WKH
weight of the towed vehicle upon any grade of
KLJKZD\ZKHUHRSHUDWHG
HVWDEOLVKHGXQGHU256
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
nation of vehicles to be driven or moved on a
highway when the vehicle or combination of
 ,IRQHYHKLFOHLVWRZLQJDQRWKHUWKHFRQ-
nections of the tow bar, coupling device and
other connections must be properly mounted
ZLWKRXWH[FHVVLYHVODFNEXWZLWKVXIÀFLHQWSOD\
to allow for universal action of the connections
and provided with a suitable locking means to
prevent accidental separation of the towed and
WRZLQJYHKLFOHV
vehicles is in violation of the safety require-
ments for towing vehicles established under
2562SHUDWLRQRIDQ\YHKLFOHRUFRP-
bination of vehicles in violation of this section
is prima facie evidence that the owner of the
vehicle or combination caused or permitted
the vehicle or combination to be so operated
and the owner shall be liable for any penalties
imposed under subsection (4) of this section as
 ,IDQ\YHKLFOHLVWRZLQJDQRWKHUYHKLFOH
and the connection between the vehicle is a
FKDLQURSHFDEOHRUDQ\ÁH[LEOHPDWHULDOD
UHGÁDJRUFORWKQRWOHVVWKDQLQFKHVVTXDUH
PXVWEHGLVSOD\HGXSRQWKHFRQQHFWLRQ
(4) Any vehicle being towed must not whip
or swerve from side to side dangerously or
unreasonably or fail to follow substantially
LQWKHSDWKRIWKHWRZLQJYHKLFOH
(5) Any towed vehicle in a combination of
vehicles must be equipped with one or more
safety chains or cables that meet all of the
IROORZLQJUHTXLUHPHQWV 818.170 Exemptions from towing safety
(a) The chains or cables must be so con-
nected to the towed and towing vehicle and
to the tow bar as to prevent the tow bar from
dropping to the ground in the event the tow
EDURUFRXSOLQJGHYLFHIDLOV
(b) The chains or cables must have a tensile
strength equivalent to the loaded weight of
the towed vehicle and a means of attachment
WRWKHWRZHGDQGWRZLQJYHKLFOHRIVXIÀFLHQW
strength to control the towed vehicle in event
DUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
violation of towing safety requirements, is a
&ODVV%WUDIÀFYLRODWLRQ>F†
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requirements. This section establishes
exemptions from the towing safety require-
PHQWV XQGHU 256  DQG 
([HPSWLRQVXQGHUWKLVVHFWLRQDUHLQDGGLWLRQ
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dance with one of the exemptions described
LVQRWVXEMHFWWR256([HPSWLRQV
are partial or complete as described in the
IROORZLQJ
(1) The requirements for mounting and slack
WKHWRZEDURUFRXSOLQJGHYLFHIDLOV
(c) The chains or cables must be attached
with no more slack than is necessary to permit
SURSHUWXUQLQJ
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do not apply where the towed vehicle is tem-
SRUDULO\GLVDEOHG
(2) The requirements for safety chains or
FDEOHVXQGHU256GRQRWDSSO\WR
 $Q\FRXSOLQJGHYLFHRQDQ\WRZLQJYHKL- WKHIROORZLQJ
cle used as a connection for the tow bar on any
towed vehicle having a loaded weight in excess (a) A temporarily disabled vehicle that is
RISRXQGVVKDOOEHÀUPO\DWWDFKHGWRWKH EHLQJWRZHGE\DQRWKHUYHKLFOH
frame or to a solid connection to the frame and
QRWRQO\WRWKHEXPSHURIWKHWRZLQJYHKLFOH
(7) Vehicle connecting devices for any vehicle
with a loaded weight of not more than 10,000
pounds must be constructed or equipped as
required under minimum standards adopted
by the Department of Transportation for pur-
SRVHVRIWKLVVXEVHFWLRQ6WDQGDUGVDGRSWHGIRU
purposes of this subsection shall conform to the
current standards of the Society of Automotive
(QJLQHHUVRURWKHUZLGHO\DFFHSWHGVWDQGDUGV
WKDWDUHDSSOLFDEOH>F†F
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818.160 Violating towing safety require-
ments; civil liability; penalty. (1) A person
commits the offense of violating towing safety
requirements if the person does any of the
IROORZLQJ LVVXHGXQGHU256DUHVXEMHFWWRWKH
 E$GROO\ZLWKRXWDWRZEDU
(c) A semitrailer coupled to a towing vehicle
ZLWKDÀIWKZKHHOKLWFKRUDQ\EDOODQGVRFNHW
type assembly that is positioned above and
IRUZDUGRIWKHUHDUD[OHRIWKHWRZLQJYHKLFOH
To qualify for the exemption under this sub-
section, the assembly must be designed so that
the upper and lower halves of the assembly
may not be separated without being manually
UHOHDVHG
(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
GXULQJWXUQLQJ
(3) Operations exempt from the towing
safety requirements by a variance permit

3DJH (2015 Edition)

 9(+,&/(/,0,76  

WHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVHWRDQ\ (2) The fee for issuance of a variance permit

FKDUJHRIYLRODWLRQRI256LIWKHSHUVRQunder this section is the fee established under
so charged produces a variance permit issued 2561RIHHVKDOOEHFKDUJHGIRULVVX-
XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ ance of a permit to the federal government,
of the vehicle or combination of vehicles issued agencies of the State of Oregon, cities or
SULRUWRDQGYDOLGDWWKHWLPHRIWKHRIIHQVH FRXQWLHV
(4) The towing safety requirements do not (3) A permit issued under this section is sub-
apply on any way, thoroughfare or place owned MHFWWRDOORIWKHSURYLVLRQVXQGHU256
by a district formed under ORS chapters 545, DQGWRDQ\OLPLWVXQGHU256
547, 551 or a corporation formed under ORS (4) Prohibitions and penalties relating to
FKDSWHU the use of the permit are provided under ORS
(5) The towing safety requirements do not DQG
apply on any road or thoroughfare or property (5) Violation of the conditions of the permit
in private ownership or any road or thorough- is subject to civil penalties as provided under
fare, other than a state highway or county 256>F†F†
road, used pursuant to any agreement with any F†@
agency of the United States or with a licensee
RIVXFKDJHQF\RUERWK>F† 818.205 Continuous operation variance
F†@ permit; standards; relationship to permit
issued under ORS 818.200; fee. (1) The
Department of Transportation, in consultation
PERMITS with other road authorities, shall develop and
818.200 Authority to issue variance per- implement a system of issuing continuous oper-
mits; effect of permit; violation of permit. DWLRQYDULDQFHSHUPLWV7KHV\VWHPVKDOODOORZ
(1) A road authority, or a private contractor a person to obtain one permit that is valid for
authorized by a road authority to do so, may every road authority in whose jurisdiction the
issue a variance permit if it determines the SHUVRQZLOOWUDYHO
SXEOLFLQWHUHVWVZLOOEHVHUYHG$YDULDQFH (2) The department, in consultation with
permit issued under this section may allow any other road authorities, shall develop standards
vehicle, combination of vehicles, load article, for terms and conditions of continuous opera-
property, machine or thing to move over any WLRQYDULDQFHSHUPLWV7KHVWDQGDUGVVKDOOEH
highway or street under the jurisdiction of the applicable throughout the state and shall honor
road authority without violation of any of the size and weight restrictions established by any
IROORZLQJ road authority for highways and structures
(a) Maximum weight limits under ORS XQGHULWVMXULVGLFWLRQ
  ,IUHTXHVWHGWRGRVRE\DQRWKHUURDG
 E3RVWHGZHLJKWOLPLWVXQGHU256 authority, the department shall contract with
that road authority to allow the authority to
(c) Administratively imposed weight or size GLVWULEXWHSHUPLWVGHVFULEHGLQWKLVVHFWLRQ
OLPLWVXQGHU256 The department may contract with private
(d) Maximum size limits under ORS contractors to distribute permits described in
 WKLVVHFWLRQ
(e) Maximum number of vehicles in combi- (4) Notwithstanding any other provision of
QDWLRQXQGHU256 law, a road authority other than the depart-
ment may not issue a continuous operation
(f) Posted limits on use of road under ORS variance permit for its roads unless the road
 authority participates in the system developed
(g) Towing safety requirements under ORS XQGHUVXEVHFWLRQRIWKLVVHFWLRQ
 (5) For purposes of provisions of Oregon
(h) Use of devices without wheels under ORS Revised Statutes referring to permits issued
 XQGHU256DSHUPLWLVVXHGXQGHUWKLV
section shall be considered a permit issued
(i) Use of metal objects on tires under ORS XQGHU256XQOHVVWRVRFRQVLGHUWKH
 SHUPLWFRQWUDGLFWVDVSHFLÀFSURYLVLRQRIWKLV
(j) Operation without pneumatic tires under VHFWLRQ
256  7KHIHHIRUDSHUPLWLVVXHGXQGHUWKLV
(k) Misuse of a special left turn lane under section that is valid for travel in more than one
256 road authority jurisdiction shall be an amount
determined by the department by rule, not to
 /,PSURSHUXVHRIWKHFHQWHUODQHRQWKUHH exceed $8, plus an additional amount to be
ODQHURDGXQGHU256 determined by the department by rule, not to
(m) Operation of a motor vehicle on a bicycle exceed $8, for each jurisdiction in which travel
WUDLOXQGHU256 LVDXWKRUL]HGE\WKHSHUPLW>F†@
(n) Failure to drive within a lane under ORS 818.210 Limits on authority to issue
 variance permit. ([FHSWDVSURYLGHGXQGHU
256DURDGDXWKRULW\VKDOOQRWLVVXH
D YDULDQFH SHUPLW XQGHU 256  IRU

3DJH (2015 Edition)

 OREGON VEHICLE CODE

any vehicle or load that can readily or rea- Distance Maximum loaded weight,
in feet in pounds, of any
VRQDEO\EHGLVPDQWOHGRUGLVDVVHPEOHG7KH
between vehicle or combination
limit under this section does not apply to the WKHÀUVWRIYHKLFOHV
IROORZLQJ and last
(1) Combinations of vehicles consisting of not axles of
more than a motor truck with a registration all the
axles of a
weight of more than 8,000 pounds and two
vehicle or
self-supporting trailers or a truck tractor and combination
semitrailer drawing two self-supporting trail- RIYHKLFOHV
ers or semitrailers mounted on dollies equipped
ZLWKÀIWKZKHHOVKDYLQJDQRYHUDOOOHQJWKQRW :KHHO0D[ $[OHV $[OHV $[OHV RU
LQH[FHVVRIIHHW7KHVHOIVXSSRUWLQJWUDLO- Base Weight More
ers or semitrailers must be reasonably uniform Axles
19 50,000
LQOHQJWK
20 50,000
(2) Vehicles or combinations of vehicles 21 50,000
having a length in excess of that permitted 22 50,000
XQGHU256RU 23 50,400
24 51,200
 $Q\VHOIORDGLQJORJWUXFN,QWKHJUDQW- 25 55,250
ing of permits to vehicles described in this 
subsection, a granting authority shall observe 
and be governed by the following maximum 28 57,800
ORDGHGZHLJKWV 
30 59,500
(a) The loaded weight of any individual 
wheel, axle or tandem axles of any vehicle or 
combination of vehicles shall not exceed the 
maximum loaded wheel, axle and tandem axle 
ZHLJKWVVHWIRUWKLQ7DEOHV,DQG,,RI256 



(b) The loaded weight of any group of axles 
of any vehicle or combination of vehicles, when 
WKHGLVWDQFHEHWZHHQWKHÀUVWDQGODVWD[OHV 40 70,000 73,000
41 72,000 73,500
of any group of axles is 18 feet or less, and the
42 73,280 74,500
loaded weight of any vehicle when the distance 43 73,280 75,000
EHWZHHQWKHÀUVWDQGODVWD[OHVRIDOORIWKH 44 73,280 75,500
axles of the vehicle is 18 feet or less, shall not  
exceed that set forth in the following table of  
weights, or the sum of the permissible axle or 47 73,280 77,500 81,000 81,000 81,000
WDQGHPD[OHZHLJKWVZKLFKHYHULVOHVV 48 73,280 78,000 82,000 82,000 82,000
49 73,280 78,500 83,000 83,000 83,000
___________________________________ 50 73,280 79,500 84,000 84,000 84,000
Distance in feet between Maximum loaded weight, 51 73,280 80,000 84,500 85,000 85,000
WKHÀUVWDQGODVWD[OHV LQSRXQGVRIDQ\     
of any group of axles of group of axles of any     
any vehicle or combination vehicle or combination     
of vehicles, or between the of vehicles, or
    
ÀUVWDQGODVWD[OHVRIDOO RIDQ\YHKLFOH
WKHD[OHVRIDQ\YHKLFOH     
    57 - 83,500 88,000 91,000 94,000
7 34,000 58 - 84,000 89,000 92,000 95,000
8 34,000     
9 39,000     
10 40,000     
11 40,000
    
12 40,000
    
13 40,000
14 43,200     
15 44,000     
        
        
18 50,000     
___________________________________     
    
(c) The loaded weight of any vehicle or     
combination of vehicles, where the distance     
EHWZHHQWKHÀUVWDQGODVWD[OHVRIWKHYHKLFOH     
or combination of vehicles is more than 18 feet,     
shall not exceed that set forth in the following     
table of weights, or the sum of the permissible     
axle, tandem axle or group of axles weights,     
ZKLFKHYHULVOHVV     

___________________________________ ___________________________________

3DJH (2015 Edition)

 9(+,&/(/,0,76  

(4) Any vehicle, combination of vehicles, load, to allow the load to be up to nine feet six inches
DUWLFOHSURSHUW\PDFKLQHRUWKLQJWKDW ZLGH$SHUPLWLVVXHGXQGHUWKLVVXEVHFWLRQ
 D,VXVHGLQWKHFRQVWUXFWLRQPDLQWHQDQFH shall be valid for one year and shall specify
or repair of public highways; and the routes over which the overwidth load may
EHKDXOHG>F†F†
 E,VHLWKHUQRWEHLQJXVHGE\WKHIHGHUDO
government, State of Oregon or any county
or incorporated city or not being used at the
LPPHGLDWHORFDWLRQRUVLWH
(5) Combinations of vehicles having a com-
bined loaded weight in excess of that authorized
XQGHU7DEOH,,,RI256
F†F†F†
F†F†F†
F†F†F†
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818.220 Requirements, conditions and
procedures for issuance of variance
permit; duration; cancellation; rules. This
 $YHKLFOHHQJDJHGLQWKHWUDQVSRUWDWLRQRI section establishes requirements, conditions
secondary wood products, which may be issued and procedures for issuance of variance per-
DSHUPLWIRUDQRYHUOHQJWKORDG$VXVHGLQWKLV PLWVXQGHU256DVIROORZV
VXEVHFWLRQ´VHFRQGDU\ZRRGSURGXFWVµPHDQV
ODPLQDWHGZRRGSURGXFWVDQGZRRGHQ,EHDPV
A vehicle engaged in the transportation of sec-
ondary wood products may also transport a
divisible load of secondary wood products that
 ,QLVVXLQJDSHUPLWWKHURDGDXWKRULW\
PD\
(a) Grant a permit that is valid for a single
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otherwise exceeds allowable load length limits  E(VWDEOLVKVHDVRQDORURWKHUWLPHOLPLWD-
LI WLRQVRQDSHUPLW
(a) The load contains a permitted, nondivis-
ible secondary wood product that exceeds the
OHQJWKDOORZHGLQ256RU or desirable for the protection of the highways
(b) The divisible load does not exceed the
length allowed for the nondivisible wood prod-
uct in the permit; and
(c) Not more than 49 percent of each divisible
load item, by length or weight, authorized by
this subsection overhangs the vehicle trans-
SRUWLQJWKHORDG
 F(VWDEOLVKDQ\DGGLWLRQDOWHUPVOLPLWV
or conditions on a permit that are necessary
DQGVWUHHWVDQGWKHSXEOLFLQWHUHVW
(d) Require the applicant to furnish public
liability and property damage insurance in an
DPRXQWÀ[HGE\WKHJUDQWLQJDXWKRULW\
(e) Require the applicant to furnish indem-
nity insurance or an indemnity bond, in an
DPRXQWÀ[HGE\WKHJUDQWLQJDXWKRULW\WR
(7) A vehicle engaged in the transportation  $,QGHPQLI\WKHURDGDXWKRULW\IRUDQ\
of lumber, veneer or plywood, which may be damage to the highways or streets that may
issued a permit for an overwidth load if the be caused under the permit; and
width of the divisible load does not exceed nine
IHHW
(8) A vehicle transporting an overheight
marine container to or from a marine port
IDFLOLW\
(9) A vehicle or combination of vehicles
engaged in hauling grass seed straw, grass
hay or cereal grain straw, which may be issued
DSHUPLWWRDOORZWKHORDGWREHXSWRIHHW
LQFKHVKLJK$SHUPLWLVVXHGXQGHUWKLVVXE-
section shall be valid for one year and shall
 %,QGHPQLI\WKHPHPEHUVRIÀFHUVHPSOR\-
ees and agents of the road authority from any
claim that might arise out of the granting of
the permit and the use of the highways under
WKHSHUPLW
(f) Require a demonstration by the appli-
cant to establish that operation under a permit
ZRXOG
(A) Stay on the right side of the center line
of the traveled way at all times; and
specify the routes over which the overheight
ORDGPD\EHKDXOHG
(10) A vehicle or combination of vehicles that
has a variance permit and that can carry items
related to the already permitted load without
increasing the size of the vehicle needed to
FDUU\WKHLWHPUHTXLULQJWKHYDULDQFHSHUPLW
(11) A vehicle engaged in hauling poplar logs
or the processing residual from the logs, which
may be issued an annual overwidth permit for
a vehicle and load with a combined width of not
PRUHWKDQIHHW7KHDQQXDOSHUPLWVKDOO
allow movement of the vehicle only on Patter-
son Ferry Road and Frontage Road in Morrow
County and only for a distance of 5,000 feet or
OHVV
 %$OORZVXIÀFLHQWURRPLQWKHRSSRVLQJ
WUDIÀFODQHIRUWKHVDIHPRYHPHQWRIRWKHU
YHKLFOHV
(2) A permit shall be in writing and shall
VSHFLI\
(a) All highways or streets over which the
SHUPLWLVYDOLG
(b) Any vehicle, combination of vehicles,
load, article, property, machine or thing
DOORZHGXQGHUWKHSHUPLW
(c) Maximum dimensions and maximum
ZHLJKWVDOORZHGXQGHUWKHSHUPLW
(3) A road authority may not issue a permit
XQGHUWKLVVHFWLRQ
 D7KDWLVYDOLGIRUORQJHUWKDQRQH\HDU
(12) A vehicle or combination of vehicles
engaged in hauling bagged grass seed or mint
leaves in sacks, which may be issued a permit

3DJH (2015 Edition)

 OREGON VEHICLE CODE

(b) Until any insurance or bond required
XQGHUWKLVVHFWLRQLVÀOHGZLWKDQGDFFHSWHG
E\WKHJUDQWLQJDXWKRULW\
(c) Until the granting authority has inves-
tigated any representations made in the
(b) Authority that is not subject to the lim-
LWDWLRQVXQGHU256
(c) Any provisions or requirements the road
authority determines may simplify or expedite
WKHSURFHVVRILVVXLQJSHUPLWV
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 G,IWKHVROHSXUSRVHRIWKHSHUPLWLVWR
specify highways on which a vehicle or combi-
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(4) An application for a permit issued under
this section shall be in writing and shall
VSHFLI\ YLRODWLRQRIWKHSURJUDP
(a) The vehicle, combination of vehicles, load,
article, property, machine or thing for which
the permit is requested;
(b) The particular highways and streets for
which the permit is sought; and
(c) Whether the permit is sought for a single
WULSQXPEHURIWULSVRUFRQWLQXRXVRSHUDWLRQ
SHQDOWLHVXQGHU256LIWKHSHUVRQ
or vehicle complies with the conditions of the
SHUPLWDQGWKHSURJUDP
(e) Applicability of the penalties provided
XQGHU256DQGIRU
(9) Notwithstanding any other provision of
this section, if a road authority other than the
state issues a variance permit for a divisible
load with a combined weight of more than
80,000 pounds, the variance permit shall be
a one-year permit that is valid for continuous
RSHUDWLRQ
(10) The Department of Transportation may
 7KLVVHFWLRQGRHVQRWDXWKRUL]H adopt rules to establish uniform requirements
 D ([FHSW DV VSHFLÀHG LQ D SHUPLW DQ\
vehicle, combination of vehicles, load, arti-
cle, property, machine or thing for which the
permit is issued to be operated or moved con-
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(b) Any movement or operation of a vehicle,
combination of vehicles, load, article, property,
PDFKLQHRUWKLQJXQWLODSHUPLWLVLVVXHG
and consistent mitigation strategies that a
road authority must apply as conditions for
operation of a truck tractor and semitrailer
combination under an overlength variance
SHUPLWLVVXHGXQGHU256>F
†F†F†F
†@
818.225 Road use assessment fee for
single-trip nondivisible load permittee;
 7KHURDGDXWKRULW\PD\DSSRLQWDQ\RI definition of “equivalent single-axle
LWVRIÀFHUVHPSOR\HHVRUDJHQWVWREHSUHVHQW
DWDQGGXULQJWKHPRYHPHQW7KHSUHVHQFHRI
any person so appointed and any interference
or suggestion made by that person shall not
be considered supervision of the movement
and shall not relieve the permit holder, or the
permit holder’s insurers or sureties, from lia-
ELOLW\IRUDQ\GDPDJHGRQHE\WKHPRYHPHQW
,ILQWKHRSLQLRQRIWKHSHUVRQDSSRLQWHGWR
be present at and during the movement, any
of the terms and conditions of the permit are
not being complied with, that person may order
WKHPRYHPHQWWREHVWRSSHG
(7) Any permit may be canceled at any time
by the road authority upon proof satisfactory
WRLWWKDW the determination of equivalent single-axle
(a) The permit holder has violated any of the
terms of the permit;
load”; rules. D,QDGGLWLRQWRDQ\IHHIRU
a single-trip nondivisible load permit, a person
who is issued the permit or who operates a
vehicle in a manner that requires the permit is
liable for payment of a road use assessment fee
of seven and one-tenths cents per equivalent
VLQJOHD[OHORDGPLOHWUDYHOHG$VXVHGLQWKLV
VXEVHFWLRQ´HTXLYDOHQWVLQJOHD[OHORDGµPHDQV
the relationship between actual or requested
weight and an 18,000 pound single-axle load
as determined by the American Association
RI6WDWH+LJKZD\DQG7UDQVSRUWDWLRQ2IÀ-
cials Road Tests reported at the Proceedings
&RQIHUHQFHRI7KH'HSDUWPHQWRI7UDQV-
portation may adopt rules to standardize
load computation based on average highway
FRQGLWLRQV
 E,IWKHURDGXVHDVVHVVPHQWIHHLVQRWFRO-
(b) The permit was obtained through mis- lected at the time of issuance of the permit,
representation in the application therefor; or the department shall bill the permittee for the
 F7KHSXEOLFLQWHUHVWUHTXLUHVFDQFHOODWLRQ
(8) A road authority may establish a pro-
gram for issuance of permits that is not
subject to any requirements, conditions or
SURFHGXUHVGHVFULEHGXQGHUWKLVVHFWLRQ$
program established under this subsection
shall be established by rule or resolution, as
DSSURSULDWH$SURJUDPHVWDEOLVKHGXQGHUWKLV
VXEVHFWLRQPD\LQFOXGHDQ\RIWKHIROORZLQJ E\WKLVFKDSWHU>F†F
(a) Provisions and requirements that differ
from those otherwise required under this
VHFWLRQ
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(c) The miles of travel authorized by a
single-trip nondivisible load permit shall be
H[HPSWIURPWD[DWLRQXQGHU256FKDSWHU
(2) The department by rule may establish
procedures for payment, collection and enforce-
ment of the fees and assessments established
†F†F†F
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818.230 Sifting or leaking load permit;
duration; fee. A sifting or leaking load permit
is a vehicle permit that is issued as evidence of

Page 370 (2015 Edition)

 9(+,&/(/,0,76  

a grant of authority to operate a vehicle loaded (4) No fee shall be charged for issuance of a
or constructed in a manner that, without the permit to the federal government, agencies of
SHUPLWZRXOGYLRODWH256(DFKURDG WKH6WDWHRI2UHJRQFRXQWLHVRUFLWLHV>
authority shall grant permits for its own high- F†@
ZD\V3HUPLWVLVVXHGXQGHUWKLVVHFWLRQVKDOO  3HUPLWIRUÀUHFRPSDQ\ZDUQ-
FRPSO\ZLWKDOORIWKHIROORZLQJ ing lights. The governing body of a rural
 3HUPLWVVKDOOEHLQZULWLQJ
(2) Permits shall be issued only for the
IROORZLQJ IRUWKHXVHRIÀUHFRPSDQ\ZDUQLQJOLJKWVRQ
(a) Vehicles transporting food processing
plant by-products to be used for livestock feed
RUIHUWLOL]HUIURPZKLFKWKHUHLVÁXLGOHDNDJH
(b) Vehicles transporting agricultural prod-
XFWVIURPZKLFKWKHUHLVÁXLGOHDNDJHZKLOH
the vehicles are en route from the place of
harvest to a place where the products will be
SURFHVVHGVWRUHGRUVROG
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department may issue written authorization
YHKLFOHVWKDWDUHXVHGZKLOHGULYLQJWRDÀUH
VWDWLRQRUÀUHORFDWLRQLQUHVSRQVHWRDÀUH
DODUP:ULWWHQDXWKRUL]DWLRQLVVXHGXQGHUWKLV
VHFWLRQVKDOOFRPSO\ZLWKDOORIWKHIROORZLQJ
(1) Written authorization may be issued only
to authorize use of the warning lights on any
vehicle, whether publicly or privately owned,
LIXVHGE\
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(3) Permits shall be issued for a maximum XQWHHU ÀUHÀJKWHU VHOHFWHG E\ WKH ERDUG RI
SHULRGRIRQH\HDU GLUHFWRUVRIDUXUDOÀUHSURWHFWLRQGLVWULFW
(4) Permits are revocable if the issuing road organized under ORS chapter 478; or
DXWKRULW\ÀQGVWKDWWKHDPRXQWRUFKDUDFWHU
RIWKHÁXLGOHDNDJHLVVXFKWKDWLWFRQVWLWXWHV
DGDQJHUWRRWKHUYHKLFOHV
(5) The fee for issuance of a sifting or leaking
ORDGSHUPLWLVDVSURYLGHGXQGHU256
 E$Q\SHUVRQDXWKRUL]HGWRVHUYHDVÀUH
FKLHIDVVLVWDQWÀUHFKLHIRUYROXQWHHUÀUH-
ÀJKWHUE\WKHJRYHUQLQJERG\RIDQ\PXQLFLSDO
ÀUHGHSDUWPHQW
(2) Any lights authorized under this sec-
 1RIHHVKDOOEHFKDUJHGIRULVVXDQFHRID
permit to the federal government, agencies of
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F†F†@
818.235 Permit for wide load of hay
bales. 1RWZLWKVWDQGLQJ 256  D
granting authority may issue a permit under
256IRUDQ\YHKLFOHRUFRPELQDWLRQRI
vehicles engaged in the transportation of hay
bales with a manufactured width of more than
three feet, if the total width of load does not
exceed 10 feet and the load is not wider than
WKHSDUWRIWKHYHKLFOHWKDWFDUULHVWKHORDG
Vehicle width may be temporarily extended in
RUGHUWRTXDOLI\IRUDSHUPLWXQGHUWKLVVHFWLRQ
>F†@
1RWHZDVHQDFWHGLQWRODZE\WKH/HJ-
islative Assembly but was not added to or made
a part of ORS chapter 818 or any series therein
E\OHJLVODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
818.240 Dragging permit; fee. A dragging
permit is a vehicle permit that is issued as
evidence of a grant of authority to drag some-
thing upon or over the surface of the highway
ZLWKRXWYLRODWLRQRI256([FHSWDV
otherwise provided in this section, each road
authority shall grant permits for its own high-
ZD\V3HUPLWVLVVXHGXQGHUWKLVVHFWLRQVKDOO
FRPSO\ZLWKDOORIWKHIROORZLQJ similarly to the manner for operation of the
tion must be and remain the property of the
UXUDOÀUHSURWHFWLRQGLVWULFWRUPXQLFLSDOLW\
LQYROYHG>F†F†@
818.260 Permit for use of bus safety
lights on certain buses; rules; fee. (1)
Upon receipt of a qualifying application and
payment of any fee required, the Department
of Transportation shall issue a permit that will
allow the use of bus safety lights described
LQ256RQDQ\EXVWKDWLVRSHUDWHG
by a religious organization while the bus is
being used to transport children to and from
religious services or an activity or function
DXWKRUL]HGE\WKHUHOLJLRXVRUJDQL]DWLRQ
(2) The department shall adopt rules neces-
VDU\WRFDUU\RXWWKLVVHFWLRQ7KHGHSDUWPHQW
(a) May establish standards for application
IRUDSHUPLWXQGHUWKLVVHFWLRQ
(b) May require a fee for issuance of a permit
under this section as provided under ORS

(c) May provide for the revocation of a permit
if the lights are used in circumstances not
GHVFULEHGLQWKLVVHFWLRQ
(d) Shall adopt rules for operation of lights
XQGHUDSHUPLWLVVXHGXQGHUWKLVVHFWLRQ7KH
standards adopted under this paragraph shall
require the lights to be operated in a manner
 3HUPLWVVKDOOEHLQZULWLQJ
(2) The Department of Transportation has
the authority for issuance of permits on city
streets over which a state highway is routed
SXUVXDQWWR256
(3) The fee for issuance of a dragging permit
LVDVSURYLGHGXQGHU256
Page 371
VDPHOLJKWVRQVFKRROEXVHV
(e) Shall require, before issuance of a permit
under this section, that the vehicle be equipped
ZLWKERWKDOWHUQDWHO\ÁDVKLQJDPEHUEXVVDIHW\
OLJKWVDQGDOWHUQDWHO\ÁDVKLQJUHGEXVVDIHW\
OLJKWV>F†@
818.270 Fees for permits. (1) The fee
for issuance of a variance permit under ORS
PD\EHDQ\DPRXQWGHWHUPLQHGE\D
(2015 Edition)
 OREGON VEHICLE CODE
URDGDXWKRULW\QRWWRH[FHHG,IWKHYDULDQFH
permit is issued by a private contractor, the
contractor may charge an additional fee not
WRH[FHHG
(2) The fee for issuance of a sifting or leaking
ORDGSHUPLWXQGHU256LV
(3) The fee for issuance of a dragging permit
XQGHU256LV
(4) The fee for issuance of a permit under
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a fee established by rule by the Department of
7UDQVSRUWDWLRQ$Q\IHHHVWDEOLVKHGIRUSXU-
poses of this subsection shall not exceed the
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PERMIT OFFENSES
818.300 Operating with sifting or
leaking load; civil liability; penalty. (1) A
person commits the offense of operating with
a sifting or leaking load if the person does any
RIWKHIROORZLQJ is prima facie evidence that the owner of the
(a) Drives or moves on a highway any
vehicle or combination of vehicles that is so
constructed or loaded so as to allow its con-
tents to drop, sift, leak or otherwise escape
WKHUHIURP
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
nation of vehicles to be driven or moved on a
highway when the vehicle or combination of
vehicles is so constructed or loaded so as to
allow its contents to drop, sift, leak or other-
ZLVHHVFDSHWKHUHIURP
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
operating with a sifting or leaking load, is a
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818.310 Exemptions from prohibition
on sifting and leaking load. This section
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exemptions under this section are in addition
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tions are partial or complete as described in
WKHIROORZLQJ RIIHQVH
WRWKHWHUPVRIWKHSHUPLW,WLVDGHIHQVHWR
DQ\FKDUJHRIYLRODWLRQRI256LIWKH
person so charged produces a permit issued
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of the vehicle or combination of vehicles issued
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818.320 Dragging objects on highway;
civil liability; penalty. (1) A person commits
the offense of dragging objects on a highway if
WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
(a) Drives or moves on a highway any vehi-
cle or combination of vehicles that is dragging
upon or over the surface of the highway any
ORJVSROHVSLOLQJRURWKHUWKLQJ
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
nation of vehicles to be driven or moved on
a highway while dragging upon or over the
surface of the highway any logs, poles, piling
RURWKHUWKLQJ2SHUDWLRQRIDQ\YHKLFOHRUFRP-
bination of vehicles in violation of this section
vehicle or combination caused or permitted
the vehicle or combination to be so operated
and the owner shall be liable for any penalties
imposed under subsection (4) of this section as
DUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject
to the exemptions from this section established
XQGHU256
(3) Violation of the offense described in this
section is subject to civil liability under ORS

(4) The offense described in this section,
dragging objects on a highway, is a Class D
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818.330 Exemptions from prohibition
on dragging objects on highway. This sec-
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The exemptions in this section are in addi-
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are partial or complete as described in the
IROORZLQJ
(1) Operations authorized under terms of a
SHUPLWLVVXHGXQGHU256DUHVXEMHFW
WRWKHWHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVH
WRDQ\FKDUJHRIYLRODWLRQRI256LIWKH
person so charged produces a permit issued
XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ
issued prior to and valid at the time of the
 256GRHVQRWDSSO\RQDQ\ZD\  256GRHVQRWDSSO\RQDQ\ZD\
thoroughfare or place owned by a district thoroughfare or place owned by a district
formed under ORS chapters 545, 547, 551 or formed under ORS chapters 545, 547, 551 or
DFRUSRUDWLRQIRUPHGXQGHU256FKDSWHU DFRUSRUDWLRQIRUPHGXQGHU256FKDSWHU
 256GRHVQRWDSSO\RQDQ\URDG
or thoroughfare or property in private owner-
ship or any road or thoroughfare, other than a
state highway or county road, used pursuant to
any agreement with any agency of the United
6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK
(3) Operations authorized under the terms of
DSHUPLWLVVXHGXQGHU256DUHVXEMHFW
 256GRHVQRWDSSO\RQDQ\URDG
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
6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK
>F†F†@

Page 372 (2015 Edition)

 9(+,&/(/,0,76  

818.340 Operating in violation of vari-
ance permit; exception; civil liability;
penalties. (1) A person commits the offense
of operating in violation of a variance permit if
the person has been issued a variance permit
XQGHU256WKDWDXWKRUL]HGWKHPRYH-
ment of anything and the person does any of
WKHIROORZLQJ DYDULDQFHSHUPLWRUDSHUPLWLGHQWLÀFDWLRQ
(a) Drives, moves or operates anything in
YLRODWLRQRIWKHWHUPVRIWKHSHUPLW
(b) Owns anything and causes or permits
it to be driven, moved or operated in violation
RIWKHSHUPLW2SHUDWLRQLQYLRODWLRQRIWKLV
section is prima facie evidence that the owner
caused or permitted the operation and the
owner shall be liable for any penalties imposed
under subsection (5) of this section as a result
RIWKHRSHUDWLRQ
(2) A person is in violation of the terms of a
permit for purposes of this section if the person
misrepresents any size or weight required to
EHVSHFLÀHGZKHQDSSO\LQJIRUWKHSHUPLW
DSHUPLWXQGHU256FLVD&ODVV
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818.350 Failure to carry and display
variance permit; penalty. (1) The driver of
any vehicle or combination of vehicles for which
FDUGKDVEHHQLVVXHGXQGHU256FRP-
mits the offense of failure to carry and display
DYDULDQFHSHUPLWLIWKHGULYHUGRHVQRW
(a) Have the variance permit or permit
LGHQWLÀFDWLRQFDUGLQWKHGULYHU·VLPPHGLDWH
possession at all times when driving the vehi-
cle or combination of vehicles upon a public
highway, road or street; and
(b) Display the variance permit or permit
LGHQWLÀFDWLRQFDUGXSRQGHPDQGRIDQ\SROLFH
RIÀFHU PRWRU FDUULHU HQIRUFHPHQW RIÀFHU
FRXQW\ZHLJKPDVWHUMXGLFLDORIÀFHURUWKH
director of permits of the Department of
7UDQVSRUWDWLRQ
 ,WVKDOOEHDGHIHQVHWRDQ\FKDUJHRI
violation of this section if the person so charged
produces a variance permit issued under ORS
WKDWDXWKRUL]HGWKHRSHUDWLRQDQGWKDW
was issued prior to and valid at the time of
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(4) A person does not commit the offense
described in this section if the person is driv-
ing, moving or operating anything under a
YDULDQFHSHUPLWLVVXHGXQGHU256
DQG
(a) The permit authorizes the person to
exceed the maximum weight limitations;
(b) The person is operating a vehicle with a
fully functional idle reduction system designed
to reduce fuel use and emissions from engine
idling; and
(c) The total weight of the vehicle is not
more than 400 pounds greater than the weight
DXWKRUL]HGE\WKHYDULDQFHSHUPLW
(5) Violation of the offense described in this
section is subject to civil liability under ORS

(2) Producing a variance permit issued prior
to and valid at the time of an offense under this
section is not a defense for a charge under this
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(3) The offense described under this section,
failure to carry and display a variance permit,
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ENFORCEMENT
818.400 Failure to comply with commer-
cial vehicle enforcement requirements;
penalty. (1) A person commits the offense
of failure to comply with commercial vehicle
enforcement requirements if the person is driv-
ing a vehicle or combination of vehicles and the
person does not comply with any of the follow-
ing or if the person is the owner of a vehicle or
combination of vehicles and the person causes
or permits the vehicle or combination not to
FRPSO\ZLWKDQ\RIWKHIROORZLQJ
(a) A vehicle or combination of vehicles must
stop and submit to any enforcement of commer-
 7KHRIIHQVHGHVFULEHGLQWKLVVHFWLRQ
operating in violation of a variance permit, is
SXQLVKDEOHDFFRUGLQJWRWKHIROORZLQJ E\DQ´23(1µVLJQGLVSOD\HGDWDSHUPDQHQWO\
(a) Violation of any provision of the permit,
other than the violations described in para-
graph (b), (c) or (d) of this subsection, is a Class
'YLRODWLRQ
(b) Violation of any weight provision by a
vehicle that is authorized by permit to exceed
D[OHRUWDQGHPD[OHZHLJKWVVSHFLÀHGLQ256
cial vehicle weight, size, load, conformation or
equipment regulation when directed to do so
HVWDEOLVKHGWUXFNVFDOH
(b) A vehicle or combination of vehicles must
stop and submit to any enforcement of commer-
cial vehicle weight, size, load, conformation or
equipment regulation when directed to do so
by any sign or signal displayed or given by a
SROLFHRIÀFHUPRWRUFDUULHUHQIRUFHPHQWRIÀ-
RULVVXEMHFWWRSHQDOW\XQGHU
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(c) Violation of any weight provision by a
YHKLFOHOLVWHGLQ256LVVXEMHFWWRSHQ-
DOW\XQGHU6FKHGXOH,RIWKHSHQDOWLHVLQ256

(d) Violation related to the required number
cer or weighmaster acting in accordance with
DXWKRULW\JUDQWHGXQGHU256
(c) A vehicle or combination of vehicles
must move into the right lane for purposes of
a weight or size check when instructed to do
so by a sign indicating the presence of a weigh-
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of pilot vehicles or routing in accordance with  G7KHGLUHFWLRQVRIDQ\SROLFHRIÀFHUPRWRU
the terms, limits or conditions established on FDUULHUHQIRUFHPHQWRIÀFHURUZHLJKPDVWHUWKDW

Page 373 (2015 Edition)

 OREGON VEHICLE CODE

are given in accordance with authority granted (11) Operation without pneumatic tires
XQGHU256RUPXVWEHFRP- XQGHU256
SOLHGZLWK (12) Operation in violation of variance
(2) The requirement of subsection (1)(a) of SHUPLWXQGHU256
WKLVVHFWLRQGRHVQRWDSSO\WR (13) Temporarily reduced speeds established
(a) An empty combination of a log truck and E\DURDGDXWKRULW\XQGHU256
pole trailer if the pole trailer is bunked on the  ([FOXVLYHXVHODQHVHVWDEOLVKHGXQGHU
log truck and there is no other load; or 256>F†F†
 E$YHKLFOHRUFRPELQDWLRQRIYHKLFOHVLI F†@
(A) The normal route of the vehicle or com- 818.420 Penalties for certain violations.
bination of vehicles requires turning off the (1) This subsection establishes a schedule of
KLJKZD\DIWHUSDVVLQJWKH´23(1µVLJQEXW SHQDOWLHVIRUFHUWDLQRIIHQVHVLQ256
before reaching the scale; and DQG  &RPPLVVLRQ RI DQ\ RI WKH
(B) The vehicle or combination of vehicles described offenses relating to height or width
is en route to a terminal or other legitimate limits is punishable according to the following
EXVLQHVV VFKHGXOH
(3) Operation of any vehicle or combination
of vehicles in violation of this section is prima
facie evidence that the owner of such vehicle
or combination caused or permitted it to be so
operated and the owner shall be liable for any
SHQDOWLHVLPSRVHGXQGHUWKLVVHFWLRQ
(4) The offense described in this section,
failure to comply with commercial vehicle
enforcement requirements, is a Class B mis-
GHPHDQRU7KHSHQDOW\SURYLGHGXQGHUWKLV
subsection is in addition to any penalty pro-
vided for violation of any prohibition relating
to vehicle weight, size, load, conformation or
HTXLSPHQW>F†F†
F†F†F†
F†F†@
818.410 Civil liability for certain viola-
tions. The owner and driver of anything using
a state, county or city highway, street or bridge
in violation of the sections described in this
section are jointly and severally liable to the
state, county or city for all damage done as a
UHVXOWRIWKHYLRODWLRQ/LDELOLW\WRWKHVWDWH
county or city depends upon whether it is a
VWDWHFRXQW\RUFLW\KLJKZD\VWUHHWRUEULGJH
This section applies to a violation of any of the
IROORZLQJ loaded weight exceeds the applicable loaded
(1) Maximum weight limits under ORS

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VHFWLRQXSRQDÀUVWFRQYLFWLRQDQRIIHQVHLV
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(b) Upon a second conviction within one year
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DEOHDVD&ODVV&WUDIÀFYLRODWLRQ
(c) Upon a third or subsequent conviction
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(2) Any offense that is described in ORS
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under subsection (1) of this section, is punish-
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818.430 Penalties for violation of weight
requirements. This section establishes
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of maximum weight requirements under the
YHKLFOHFRGH7KHSDUWLFXODUVFKHGXOHDSSOLFD-
ble is the schedule designated in the section
HVWDEOLVKLQJWKHRIIHQVH8SRQFRQYLFWLRQD
SHUVRQLVSXQLVKDEOHE\DÀQHDQGRWKHUSHQ-
DOW\HVWDEOLVKHGLQWKHVFKHGXOH)LQHVDUH
based upon the excess weight by which any
weight authorized in the provision, permit,
RUGHURUUHVROXWLRQWKHSHUVRQYLRODWHV7KH
 3RVWHGZHLJKWOLPLWVXQGHU256 VFKHGXOHVDUHDVIROORZV
(3) Maximum size limits under ORS

(4) Maximum number of vehicles in combi-
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(5) Posted limits on use of roads under ORS

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(a) One thousand pounds or less, the pre-
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 7RZLQJVDIHW\UHTXLUHPHQWVXQGHU256

(7) Sifting or leaking load prohibition under
256
(8) Dragging object prohibition under ORS

(9) Devices without wheels under ORS

(10) Use of prohibited metal objects on tires
XQGHU256
Page 374
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(c) More than 2,000 pounds, but not in
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(d) More than 3,000 pounds, but not in
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(e) More than 5,000 pounds, but not in
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(2015 Edition)
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is an amount equal to 15 cents per pound for
HDFKSRXQGRIWKHH[FHVVZHLJKW
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(g) More than 10,000 pounds, but not in
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is an amount equal to 20 cents for each pound
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(h) More than 12,500 pounds over the allow-
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equal to 24 cents per pound for each pound of
H[FHVVZHLJKW
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provided in this subsection and are in addition
to any suspension of operator’s license under
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plus 15 cents per pound for each pound of the
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is $350 plus 20 cents per pound for each pound
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amount equal to $200 plus 10 cents per pound
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is an amount equal to $350 plus 15 cents per
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(c) More than 10,000 pounds, the presump-
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818.440 Penalty for procuring, aiding
or abetting violation of this chapter. Any
person who knowingly and willfully procures,
aids or abets in the violation of a provision of
this chapter is subject to the penalty provided
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818.450 Civil penalty for violations
of chapter. ,QDGGLWLRQWRDQ\SHQDOW\SUR-
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imposed under subsection (2) of this section person who violates a provision of this chapter
shall be not more than $100 if a person charged is subject to civil penalty as provided in ORS
with an offense punishable under Schedule >F†@
,,SURGXFHVLQFRXUWDVHFRQGYDOLGYDULDQFH
SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ _______________
a loaded weight equal to or greater than the
actual loaded weight of the vehicle, combina-
tion of vehicles, axle, tandem axles or group
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Page 375 (2015 Edition)

OREGON VEHICLE CODE

3DJH (2015 Edition)

 '(6752<('$1'727$/('9(+,&/(6
Chapter 819
(',7,21
DESTROYED AND TOTALED VEHICLES
DESTROYED AND TOTALED VEHICLES
819.010 Failure to comply with requirements
for destruction of vehicle; exception;
penalty
819.012 Failure to follow procedures for a
totaled vehicle; penalty
819.014 Insurer failure to follow procedures
for totaled vehicle; penalty
819.016 When salvage title required; rules
819.018 Failure to notify subsequent pur-
chaser of condition of vehicle; rules;
penalty
819.030 Department procedure on receipt of
title or notice
819.040 Illegal salvage procedures; penalty
ABANDONED VEHICLES
(Offense)
819.100 Abandoning a vehicle; penalty
(Custody and Towing)
819.110 Custody, towing and sale or dis-
posal of abandoned vehicle; general
provisions
819.120 Immediate custody and towing
of vehicle constituting hazard or
obstruction; rules
819.140 Agencies having authority to take
vehicle into custody; powers of
agency taking custody
819.150 Rights and liabilities of owner
819.160 Lien for towing
819.170 Notice prior to taking vehicle into
custody and towing; methods;
contents
819.180 Notice after taking into custody and
towing; method; contents
819.185 Procedure for vehicles that have no
LGHQWLÀFDWLRQPDUNLQJV
819.190 Hearing to contest validity of custody
and towing
Page 377
819.200 Exemption from notice and hearing
requirements for vehicle held in crim-
inal investigation
(Sale or Disposal of Vehicle)
819.210 Sale or disposal of vehicle not
reclaimed
819.215 Disposal of vehicle appraised at $500
or less; notice; rules
VEHICLES WITH LOW APPRAISAL VALUE
819.280 Disposal of vehicle at request of
person in lawful possession; rules
STOLEN VEHICLES
819.300 Possession of a stolen vehicle; penalty
 7UDIÀFNLQJLQVWROHQYHKLFOHVSHQDOW\
VEHICLE IDENTIFICATION NUMBERS
819.400 Assignment of numbers
 )DLOXUHWRREWDLQYHKLFOHLGHQWLÀFD-
tion number for unnumbered vehicle;
exception; penalty
 )DLOXUHWRREWDLQYHKLFOHLGHQWLÀFD-
tion number for vehicle with altered
or removed number; penalty
 7UDIÀFNLQJLQYHKLFOHVZLWKGHVWUR\HG
RUDOWHUHGLGHQWLÀFDWLRQQXPEHUV
penalty
819.440 Police seizure of vehicle without
LGHQWLÀFDWLRQQXPEHULQVSHFWLRQ
disposition of vehicle; disposition of
moneys from sale
VEHICLE APPRAISERS
 9HKLFOHDSSUDLVHUFHUWLÀFDWHUXOHV
819.482 Acting as vehicle appraiser without
FHUWLÀFDWHSHQDOW\
(2015 Edition)
OREGON VEHICLE CODE

Page 378 (2015 Edition)

 '(6752<('$1'727$/('9(+,&/(6  

DESTROYED AND TOTALED VEHICLES status of the vehicle within 30 days of the day
WKDWWKHYHKLFOHEHFDPHDWRWDOHGYHKLFOH
819.010 Failure to comply with
requirements for destruction of vehicle;  F,VWKHUHJLVWHUHGRZQHURIDYHKLFOHWKDW
exception; penalty. (1) A person commits LVDWRWDOHGYHKLFOHDVGHÀQHGLQ256
the offense of failure to comply with require-
ments for destruction of a vehicle if the person
wrecks, dismantles, disassembles or substan-
tially alters the form of any vehicle that is or
is required to be registered or titled under the
YHKLFOHFRGHRUXQGHU256FKDSWHUDQG
the person does not comply with all of the
IROORZLQJ GD\VRISXUFKDVHRUUHFHLSWRIWKHYHKLFOH
(a) The person must give notice to the
Department of Transportation, in a form
VSHFLÀHGE\WKHGHSDUWPHQWRIWKHSHUVRQ·V
intention to dismantle, disassemble, wreck
or substantially alter the form of the vehicle
at least seven days prior to commencement
WKHUHRI
DQGGRHVQRWVXUUHQGHUWKHFHUWLÀFDWHRI
title for the vehicle to the department within
30 days of the date the vehicle became a totaled
YHKLFOH
(d) Receives or purchases a totaled vehicle
DQGGRHVQRWVXUUHQGHUWKHFHUWLÀFDWHRIWLWOH
for the vehicle to the department within 30
(2) A person is not required to surrender
WKHFHUWLÀFDWHRIWLWOHLIWKHSHUVRQLVXQDEOH
WRREWDLQWKHFHUWLÀFDWHIRUWKHYHKLFOH,IWKH
SHUVRQLVXQDEOHWRREWDLQWKHFHUWLÀFDWHWKH
person shall notify the department that the
vehicle is a totaled vehicle and shall notify the
department of the reason that the person is
 E,IWKHYHKLFOHLVYLVLEOHIURPDSXEOLFULJKW XQDEOHWRVXUUHQGHUWKHFHUWLÀFDWH
of way, the person must complete the wreck-  ,IWKHYHKLFOHLVRQHIRUZKLFKWLWOHZDV
ing, dismantling, disassembling or substantial LVVXHGLQDIRUPRWKHUWKDQDFHUWLÀFDWHWKH
alteration of form within 30 days from the com- person shall notify the department that the
PHQFHPHQWWKHUHRI vehicle is a totaled vehicle and shall follow
 F,IWKHYHKLFOHLVUHJLVWHUHGE\WKLVVWDWH
the person must deliver or mail to the depart-
PHQWWKHUHJLVWUDWLRQFDUGFHUWLÀFDWHRIWLWOH
if one has been issued, and registration plates
of the vehicle within 30 days after the person
wrecks, dismantles, disassembles or substan-
WLDOO\DOWHUVWKHIRUPRIWKHYHKLFOH
SURFHGXUHVDGRSWHGE\WKHGHSDUWPHQWE\UXOH
(4) The offense described in this section, fail-
ure to follow procedures for a totaled vehicle, is
D&ODVV$PLVGHPHDQRU>F†
F†@
819.014 Insurer failure to follow proce-
dures for totaled vehicle; penalty. (1) An
 G,IQRFHUWLÀFDWHRIWLWOHKDVEHHQLVVXHG
for the vehicle, the person must notify the
department in a manner determined by the
department by rule within 30 days after the
person wrecks, dismantles, disassembles or
insurer commits the offense of insurer failure
to follow procedures for a totaled vehicle if the
insurer declares that the vehicle is a totaled
YHKLFOHDQGGRHVQRW
VXEVWDQWLDOO\DOWHUVWKHIRUPRIWKHYHKLFOH  D2EWDLQWKHFHUWLÀFDWHRIWLWOHIURPWKH
owner of the vehicle as a condition of settlement
 H,IUHTXLUHGWRGRVRXQGHU256 of the claim and surrender it to the Department
the person shall apply for a salvage title for the of Transportation within 30 days of its receipt;
YHKLFOH or
(2) This section does not apply to persons
who are acting within the scope of a dismantler
FHUWLÀFDWHLVVXHGXQGHU256
(3) The offense described in this section,
failure to comply with requirements for
destruction of vehicle, is a Class A misde-
PHDQRU>F†F†
F†F†F†
F†F†F†
 E,IWKHLQVXUHUGRHVQRWREWDLQWKHFHU-
WLÀFDWHIURPWKHUHJLVWHUHGRZQHUQRWLI\WKH
department that the vehicle is a totaled vehicle
within 30 days of declaring it to be so, or taking
title to or possession of it, and notify the regis-
tered owner of the vehicle that the registered
RZQHUPXVWVXUUHQGHUWKHFHUWLÀFDWHWRWKH
department and must notify any subsequent
SXUFKDVHUWKDWWKHYHKLFOHLVDWRWDOHGYHKLFOH
F†@  ,IWKHYHKLFOHLVRQHIRUZKLFKWLWOHZDV
819.012 Failure to follow procedures for LVVXHGLQDIRUPRWKHUWKDQDFHUWLÀFDWHWKH
a totaled vehicle; penalty. (1) A person other insurer shall notify the department that the
than an insurer commits the offense of failure vehicle is a totaled vehicle and shall follow
to follow procedures for a totaled vehicle if the SURFHGXUHVDGRSWHGE\WKHGHSDUWPHQWE\UXOH
SHUVRQ (3) The offense described in this section,
 D,VWKHUHJLVWHUHGRZQHURIDYHKLFOHWKDW insurer failure to follow procedures for a
LVDWRWDOHGYHKLFOHDVGHÀQHGLQ256 WRWDOHGYHKLFOHLVDYLRODWLRQRIWKH,QVXUDQFH
DQGGRHVQRWVXUUHQGHUWKHFHUWLÀFDWHRI &RGHDVSURYLGHGLQ256>F
title for the vehicle either to the Department †DF†@
of Transportation or to the insurer within 30  :KHQVDOYDJHWLWOHUHTXLUHGUXOHV
days of the declaration or other relevant act by ([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
WKHLQVXUHU VHFWLRQZKHQWKHSURYLVLRQVRI256
 E,VWKHUHJLVWHUHGRZQHURIDYHKLFOHWKDW RUUHTXLUHDSHUVRQWRVXU-
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(2) and does not notify the department of the DFHUWLÀFDWHRIWLWOHIRUDYHKLFOHRUZKHQD

Page 379 (2015 Edition)

 OREGON VEHICLE CODE
person acquires a vehicle under the provisions
RI256WKHSHUVRQVKDOODSSO\WRWKH
GHSDUWPHQWIRUDVDOYDJHWLWOHIRUWKHYHKLFOH
The application shall comply with the require-
PHQWVRI256
(2) When the person is not required to sur-
UHQGHUDFHUWLÀFDWHRIWLWOHEHFDXVHWLWOHIRU
the vehicle was issued in some other form, the
person shall follow procedures adopted by the
GHSDUWPHQWE\UXOH
(3) Subsections (1) and (2) of this section
do not apply if the person does not intend to
rebuild or repair the vehicle, to transfer the
IRUWKHYHKLFOH>F†F
†F†F†F
†F†F†@
819.040 Illegal salvage procedures; pen-
alty. (1) A person commits the offense of illegal
salvage procedures if the person engages in
crushing, compacting or shredding of vehi-
cles and the person violates any requirements
XQGHUWKHIROORZLQJ
(a) The person may accept vehicles as sal-
vage material from other persons who hold
DGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256

vehicle or to use the frame or unibody of the
vehicle for repairing or constructing another
YHKLFOH>F†F†
F†F†@
819.018 Failure to notify subsequent
purchaser of condition of vehicle; rules;
penalty. (1) A person commits the offense of
failure to notify a subsequent purchaser of
the condition of a vehicle if the person sells a
 E([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
subsection, the person may not accept vehicles
from another person who does not hold a dis-
PDQWOHUFHUWLÀFDWHLVVXHGXQGHU256
XQOHVVWKHRWKHUSHUVRQ
(A) Complies with the requirements of ORS
RULVLQSRVVHVVLRQRIDVDOYDJHWLWOH
FHUWLÀFDWHDQG
totaled vehicle and does not provide the pur-
FKDVHUZLWKDVDOYDJHWLWOHFHUWLÀFDWHRULIQR
FHUWLÀFDWHLVUHTXLUHGDVHYLGHQFHRIVDOYDJH
title, does not comply with rules adopted by the
'HSDUWPHQWRI7UDQVSRUWDWLRQIRUQRWLÀFDWLRQ
RIVDOYDJHWLWOHZLWKRXWDFHUWLÀFDWH
(2) The offense described in this section,
failure to notify a subsequent purchaser of
the condition of a vehicle, is a Class A mis-
demeanor when committed by someone other
WKDQDQLQVXUHU>F††F
†@
819.020>F†F†
F†F†UHSHDOHGE\
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819.030 Department procedure on
receipt of title or notice. The Department
 %'LVSOD\VDVDOYDJHWLWOHFHUWLÀFDWHD
FRPSOLDQFHIRUPLVVXHGXQGHU256
RUDFHUWLÀFDWHRIVDOHWRWKHSHUVRQHQJDJHG
LQVDOYDJH
(c) The person engaged in salvage may
accept a copy of the Department of Trans-
SRUWDWLRQIRUPLVVXHGXQGHU256DV
SURRIRIFRPSOLDQFHXQGHU256RUPD\
DFFHSWDFHUWLÀFDWHRIVDOHRUDVDOYDJHWLWOH
FHUWLÀFDWHDVDSSOLFDEOHDQGVXUUHQGHUVXFK
FRS\RUFHUWLÀFDWHWRWKHGHSDUWPHQW
(d) The person may accept vehicles as sal-
vage material from tow businesses disposing
RIYHKLFOHVDVDXWKRUL]HGXQGHU256
RULIWKHWRZEXVLQHVVJLYHVWKHSHUVRQ
DFRS\RIQRWLÀFDWLRQPDGHWRWKHGHSDUWPHQW
XQGHU256RU
of Transportation shall comply with the fol-   ,I D VDOYDJH WLWOH KDV EHHQ LVVXHG LQ
ORZLQJSURFHGXUHVXSRQUHFHLYLQJDFHUWLÀFDWH DIRUPRWKHUWKDQDFHUWLÀFDWHWKHSHUVRQ
of title or other notice in accordance with the engaged in salvage may accept documents or
SURYLVLRQVRI256RU information in a manner or form determined
E\WKHGHSDUWPHQWE\UXOH
 ,IWKHGHSDUWPHQWLVVDWLVÀHGWKDWWKH
vehicle is totaled, wrecked, dismantled,
disassembled or substantially altered, the
department shall cancel and retire the reg-
LVWUDWLRQDQGWLWOHRIWKHYHKLFOH([FHSWIRU
issuance of a salvage title, the department
shall not register or title the vehicle again
XQOHVV
(3) The offense described in this section,
illegal salvage procedures, is a Class A misde-
PHDQRU>F†F†
F†F†F†
F†F†F†@
ABANDONED VEHICLES
 D7KHGHSDUWPHQWLVVDWLVÀHGWKDWWKHRULJ-
LQDOWLWOHFHUWLÀFDWHLIDQ\ZDVVXUUHQGHUHG
in error or that notice was submitted in error
and the record canceled in error;
(b) The vehicle is registered or titled as an
assembled vehicle, a reconstructed vehicle or
a replica; or
(c) The vehicle is recovered after a theft if
the theft is the reason that the vehicle was
FRQVLGHUHGDWRWDOHGYHKLFOH
(Offense)
819.100 Abandoning a vehicle; penalty.
(1) A person commits the offense of abandon-
ing a vehicle if the person abandons a vehicle
upon a highway or upon any public or private
SURSHUW\
(2) The owner of the vehicle as shown by the
records of the Department of Transportation
shall be considered responsible for the aban-
 ,IWKHGHSDUWPHQWLVVDWLVÀHGWKDWWKH donment of a vehicle in the manner prohibited
vehicle is totaled, wrecked, dismantled or dis- by this section and shall be liable for the cost
assembled, the department may issue a proof of towing and disposition of the abandoned
of compliance form if no salvage title is issued YHKLFOH

Page 380 (2015 Edition)

 '(6752<('$1'727$/('9(+,&/(6
(3) A vehicle abandoned in violation of this
section is subject to the provisions for towing
and sale of abandoned vehicles under ORS
WR
(4) The offense described in this section,
DEDQGRQLQJDYHKLFOHLVD&ODVV%WUDIÀFYLR-
ODWLRQ>F†F†
F†@
(Custody and Towing)
819.110 Custody, towing and sale or
disposal of abandoned vehicle; general
provisions. (1) After providing notice required
XQGHU256DQGLIUHTXHVWHGDKHDULQJ
XQGHU256DQDXWKRULW\GHVFULEHG
XQGHU256PD\WDNHDYHKLFOHLQWR
FXVWRG\DQGWRZWKHYHKLFOHLI the highway as indicated by a short passage of
(a) The authority has reason to believe the
vehicle is disabled or abandoned; and
(b) The vehicle has been parked or left stand-
ing upon any public way for a period in excess
of 24 hours without authorization by statute
RUORFDORUGLQDQFH
(2) The power to take vehicles into custody
under this section is in addition to any power to
WDNHYHKLFOHVLQWRFXVWRG\XQGHU256
 
(B) Of any freeway within the city limits
of any city in this state during the hours of 7
DPWRDPDQGSPWRSPLIWKHYHKLFOH
KDVDJURVVYHKLFOHZHLJKWRIPRUHWKDQ
pounds;
(C) Of any freeway within 1,000 feet of the
area where a freeway exit or entrance ramp
meets the freeway; or
(D) Of any highway during or into the period
between sunset and sunrise if the vehicle pres-
HQWVDFOHDUGDQJHU
(3) As used in this section, “hazard or
REVWUXFWLRQµ GRHV QRW LQFOXGH SDUNLQJ LQ D
designated parking area along any highway
or, except as described in subsection (2) of this
section, parking temporarily on the shoulder of
time and by the operation of the hazard lights
of the vehicle, the raised hood of the vehicle,
RUDGYDQFHZDUQLQJZLWKHPHUJHQF\ÁDUHVRU
HPHUJHQF\VLJQV
(4) An authority taking custody of a vehi-
cle under this section must give the notice
GHVFULEHGXQGHU256DQGLIUHTXHVWHG
DKHDULQJGHVFULEHGXQGHU256
(5) The power to take vehicles into custody
under this section is in addition to any power to
 6XEMHFWWR256YHKLFOHVDQGWKH WDNHYHKLFOHVLQWRFXVWRG\XQGHU256
contents of vehicles taken into custody under
this section are subject to a lien as provided
XQGHU256
(4) The person that tows a vehicle under this
section shall have the vehicle appraised within
a reasonable time by a person authorized to
SHUIRUPVXFKDSSUDLVDOVXQGHU256
(5) Vehicles taken into custody under this
section are subject to sale or disposal under
256RULIWKHYHKLFOHVDUHQRW
UHFODLPHGDVSURYLGHGXQGHU256RU
returned to the owner or person entitled to
SRVVHVVLRQXQGHU256>F
†F†F†@
819.120 Immediate custody and towing
of vehicle constituting hazard or obstruc-
tion; rules. (1) An authority described under
256PD\LPPHGLDWHO\WDNHFXVWRG\RI
and tow a vehicle that is disabled, abandoned,
parked or left standing unattended on a road
or highway right of way and that is in such a
location as to constitute a hazard or obstruc-
WLRQWRPRWRUYHKLFOHWUDIÀFXVLQJWKHURDGRU
KLJKZD\
(2) As used in this section, a “hazard or
REVWUXFWLRQµLQFOXGHVEXWLVQRWQHFHVVDULO\
OLPLWHGWR to take vehicle into custody; powers of
(a) Any vehicle that is parked so that any
part of the vehicle extends within the paved
SRUWLRQRIWKHWUDYHOODQH
(b) Any vehicle that is parked so that any
part of the vehicle extends within the highway
VKRXOGHURUELF\FOHODQH $XWKRULW\WRWDNHDYHKLFOHLQWRFXV-
(A) Of any freeway within the city limits of
any city in this state at any time if the vehicle
 6XEMHFWWR256YHKLFOHVDQGWKH
contents of vehicles taken into custody under
this section are subject to a lien as provided
XQGHU256
(7) The person that tows a vehicle under this
section shall have the vehicle appraised within
a reasonable time by a person authorized to
SHUIRUPVXFKDSSUDLVDOVXQGHU256
(8) Vehicles taken into custody under this
section are subject to sale or disposal under
256RULIWKHYHKLFOHVDUHQRW
UHFODLPHGXQGHU256RUUHWXUQHGWR
the owner or person entitled thereto under ORS

(9) The Oregon Transportation Commission,
by rule, shall establish additional criteria for
determining when vehicles on state highways,
interstate highways and state property are
subject to being taken into immediate custody
XQGHUWKLVVHFWLRQ>F†F
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819.130>F†F†
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819.140 Agencies having authority
agency taking custody. (1) This section
establishes which agency has the authority to
WDNHYHKLFOHVLQWRFXVWRG\XQGHU256
DQG7KHDJHQF\ZLWKDXWKRULW\WR
take a vehicle into custody is responsible for
QRWLFHDQGKHDULQJVXQGHU256WR
tody depends on the location of the vehicle as
GHVFULEHGXQGHUWKHIROORZLQJ
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less; state highway, on an interstate highway that is

Page 381 (2015 Edition)

 OREGON VEHICLE CODE

SDUWRIWKH1DWLRQDO6\VWHPRI,QWHUVWDWHDQG UHTXHVWDQGKDYHDKHDULQJXQGHU256
Defense Highways established under section or under procedures established under ORS
103(e), title 23, United States Code or on state DVDSSURSULDWH
property, the Department of State Police or the
Department of Transportation may take the
vehicle into custody and exercise the powers
relating to authority over the vehicle described
LQWKLVVHFWLRQ$FWLRQWDNHQE\WKH'HSDUWPHQW
 ,IWKHYHKLFOHLVVROGRUGLVSRVHGRIXQGHU
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title or claim to or interest in the vehicle or the
FRQWHQWVRIWKHYHKLFOH
of State Police or the Department of Transpor-  ,IWKHYHKLFOHLVVROGRUGLVSRVHGRIXQGHU
tation under this subsection is not subject to 256KDVDULJKWWRFODLPWKHEDODQFH
256FKDSWHU of the proceeds from the sale or disposition as
SURYLGHGXQGHU256
 E,IWKHYHKLFOHLVXSRQWKHULJKWRIZD\RI
a county road or any other highway or property
within the boundaries of a county, the sheriff of
the county or a county agency with appropriate
authority may take the vehicle into custody and
exercise the powers relating to authority over
 +DVQRULJKWWRDKHDULQJLIWKHYHKLFOH
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WKHYHKLFOHGHVFULEHGLQWKLVVHFWLRQ 819.160 Lien for towing. ([FHSWDVRWK-
 F,IWKHYHKLFOHLVRQDFLW\VWUHHWRUDOOH\
on an interstate highway or other highway
within the boundaries of the city or on any
other property within the boundaries of a city,
the city police or a city agency with appropriate
authority may take the vehicle into custody and
exercise the powers relating to authority over
WKHYHKLFOHGHVFULEHGLQWKLVVHFWLRQ
erwise provided by this section, a person shall
have a lien on the vehicle and its contents if the
person, at the request of an authority described
XQGHU256WRZVDQ\RIWKHIROORZLQJ
YHKLFOHV
(a) An abandoned vehicle appraised at a
value of more than $500 by a person who holds
DFHUWLÀFDWHLVVXHGXQGHU256
 ([FHSWDVRWKHUZLVHSURYLGHGE\WKLV (b) A vehicle taken into custody under ORS
section, an agency taking custody of a vehicle RUXQOHVVLWLVDQDEDQGRQHG
XQGHU256RUPD\ vehicle appraised at a value of $500 or less by
(a) Use its own personnel, equipment and DSHUVRQZKRKROGVDFHUWLÀFDWHLVVXHGXQGHU
facilities for the towing and preservation of 256
such vehicles; or (c) A vehicle left parked or standing in vio-
(b) Hire or otherwise engage other person- ODWLRQRI256RU
QHOHTXLSPHQWDQGIDFLOLWLHVIRUWKDWSXUSRVH (2) A lien established under this section
>F†F†F shall be on the vehicle and its contents for the
†F†F†@ just and reasonable charges for the towing
819.150 Rights and liabilities of owner. VHUYLFHSHUIRUPHGDQGDQ\VWRUDJHSURYLGHG
The owner, a person entitled to possession or However, if the person that tows the vehicle
any person with an interest recorded on the fails to comply with the notice requirements
title of a vehicle taken into custody under ORS of subsection (3) of this section, the amount of
RU any lien claimed under this section is limited
to an amount equal to the just and reasonable
  ,V OLDEOH IRU DOO FRVWV DQG H[SHQVHV
incurred in the towing, preservation and cus-
WRG\RIWKHYHKLFOHDQGLWVFRQWHQWVH[FHSWWKDW days from the date the vehicle and its contents
(a) The owner, a person entitled to the vehi-
cle or any person with an interest recorded on
the title is not liable for nor shall be required to
pay storage charges for a period in excess of 20
days unless the person has received a written
QRWLFHXQGHU256,QQRFDVHVKDOOD
person be required to pay storage charges for
DVWRUDJHSHULRGLQH[FHVVRIGD\V
(b) A security interest holder is not liable
under this subsection unless the security inter-
HVWKROGHUUHFODLPVWKHYHKLFOH
(2) May reclaim the vehicle at any time after
it is taken into custody and before the vehicle
LVVROGRUGLVSRVHGRIXQGHU256RU
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holding the vehicle of satisfactory proof of own-
ership or right to possession and upon payment
of costs and expenses for which the person is
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charges for the towing service performed and
storage provided for a period not exceeding 20
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WKHSURYLVLRQVIRUOLHQVXQGHU2567KH
person holding the lien may retain possession
of the vehicle and contents until the charges
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(a) To the contents of any vehicle taken from
public property until 15 days after taking the
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(b) To the contents of any vehicle that is
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(3) A person that tows any vehicle at the
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after the vehicle and its contents are placed
in storage, written notice, approved by the
authority, containing information on the proce-
  ,I WKH YHKLFOH LV WDNHQ LQWR FXVWRG\ dures necessary to obtain a hearing under ORS
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Page 382 (2015 Edition)

 '(6752<('$1'727$/('9(+,&/(6
owner, a person entitled to possession or any
person with an interest recorded on the title
WRWKHYHKLFOH7KLVVXEVHFWLRQGRHVQRWDSSO\
to a person that tows an abandoned vehicle
that is appraised at a value of $500 or less by
DSHUVRQZKRKROGVDFHUWLÀFDWHLVVXHGXQGHU
256>F†F†
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819.170 Notice prior to taking vehicle
into custody and towing; methods; con-
tents. ,IDQDXWKRULW\SURSRVHVWRWDNHFXVWRG\
RIDYHKLFOHXQGHU256WKHDXWKRULW\
shall provide notice and shall provide an expla-
nation of procedures available for obtaining a
KHDULQJXQGHU256([FHSWDVRWK-
HUZLVHSURYLGHGXQGHU256QRWLFH
required under this section shall comply with
DOORIWKHIROORZLQJ LQWRFXVWRG\DQGWRZHG
 
procedures available for obtaining a hearing
XQGHU256WRWKHRZQHUVRIWKHYHKLFOH
and any lessors or security interest holders
as shown in the records of the Department of
7UDQVSRUWDWLRQ7KHQRWLFHVKDOOVWDWHWKDWWKH
vehicle has been taken into custody and shall
give the location of the vehicle and describe
procedures for the release of the vehicle and for
REWDLQLQJDKHDULQJXQGHU2567KH
48-hour period under this subsection does not
LQFOXGHKROLGD\V6DWXUGD\VRU6XQGD\V
(2) Any notice given under this section after
a vehicle is taken into custody and towed shall
VWDWHDOORIWKHIROORZLQJ
(a) That the vehicle has been taken into cus-
tody and towed, the identity of the appropriate
authority that took the vehicle into custody and
towed the vehicle and the statute, ordinance or
rule under which the vehicle has been taken
 1RWLFHVKDOOEHJLYHQE\DIÀ[LQJDQRWLFH
WRWKHYHKLFOHZLWKWKHUHTXLUHGLQIRUPDWLRQ
7KHQRWLFHVKDOOEHDIÀ[HGWRWKHYHKLFOHDW
least 24 hours before taking the vehicle into
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(b) The location of the vehicle or the tele-
phone number and address of the appropriate
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(c) That the vehicle is subject to towing and
storage charges, the amount of charges that
have accrued to the date of the notice and the
 1RWLFHVKDOOVWDWHDOORIWKHIROORZLQJ GDLO\VWRUDJHFKDUJHV
(a) That the vehicle will be subject to being
taken into custody and towed by the appro-
priate authority if the vehicle is not removed
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(b) The statute, ordinance or rule violated
by the vehicle and under which the vehicle will
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(c) The place where the vehicle will be held in
custody or the telephone number and address
of the appropriate authority that will provide
WKHLQIRUPDWLRQ
(d) That the vehicle, if taken into custody
and towed by the appropriate authority, will
be subject to towing and storage charges and
that a lien will attach to the vehicle and its
FRQWHQWV
(e) That the vehicle will be sold to satisfy
the costs of towing and storage if the charges
DUHQRWSDLG
(f ) That the owner, possessor or person
having an interest in the vehicle is entitled to
a hearing, before the vehicle is impounded, to
contest the proposed custody and towing if a
KHDULQJLVWLPHO\UHTXHVWHG
(g) That the owner, possessor or person
having an interest in the vehicle may also
challenge the reasonableness of any towing
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(h) The time within which a hearing must
be requested and the method for requesting a
KHDULQJ>F†F†
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819.180 Notice after taking into cus-
tody and towing; method; contents. (1)
,I DQ DXWKRULW\ WDNHV FXVWRG\ RI D YHKLFOH
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towing, written notice with an explanation of
Page 383
(d) That the vehicle and its contents are sub-
ject to a lien for payment of the towing and
storage charges and that the vehicle and its
contents will be sold to cover the charges if the
FKDUJHVDUHQRWSDLGE\DGDWHVSHFLÀHGE\WKH
DSSURSULDWHDXWKRULW\
(e) That the owner, possessor or person
having an interest in the vehicle and its con-
tents is entitled to a prompt hearing to contest
the validity of taking the vehicle into custody
and towing it and to contest the reasonable-
ness of the charges for towing and storage if a
KHDULQJLVWLPHO\UHTXHVWHG
(f) The time within which a hearing must
be requested and the method for requesting a
KHDULQJ
(g) That the vehicle and its contents may
be immediately reclaimed by presentation to
the appropriate authority of satisfactory proof
of ownership or right to possession and either
payment of the towing and storage charges or
the deposit of cash security or a bond equal to
WKHFKDUJHVZLWKWKHDSSURSULDWHDXWKRULW\
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819.185 Procedure for vehicles that
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LVQRYHKLFOHLGHQWLÀFDWLRQQXPEHURQDYHKLFOH
and there are no registration plates and no
other markings through which the Depart-
ment of Transportation could identify the
owner of the vehicle, then an authority oth-
erwise required to provide notice under ORS
RULVQRWUHTXLUHGWRSURYLGH
such notice and the vehicle may be towed and
disposed of as though notice and an opportu-
QLW\IRUDKHDULQJKDGEHHQJLYHQ>F
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(2015 Edition)
 OREGON VEHICLE CODE

819.190 Hearing to contest validity satisfactory to the appropriate authority for

of custody and towing. A person provided WKHSHUVRQ·VIDLOXUHWRDSSHDU
QRWLFHXQGHU256RURUDQ\
other person who reasonably appears to have
an interest in the vehicle may request a hear-
ing under this section to contest the validity
RIWKHWRZLQJDQGFXVWRG\XQGHU256
or proposed towing and custody of a vehicle
XQGHU256E\VXEPLWWLQJDUHTXHVW
for hearing with the appropriate authority not
PRUHWKDQÀYHGD\VIURPWKHPDLOLQJGDWHRI
WKHQRWLFH7KHÀYHGD\SHULRGLQWKLVVHFWLRQ
does not include holidays, Saturdays or Sun-
GD\V([FHSWDVRWKHUZLVHSURYLGHGXQGHU256
DKHDULQJXQGHUWKLVVHFWLRQVKDOO
FRPSO\ZLWKDOORIWKHIROORZLQJ statement of the results of a hearing held
 $QDSSURSULDWHDXWKRULW\LVRQO\UHTXLUHG
to provide one hearing under this section for
each time the appropriate authority takes a
vehicle into custody and tows the vehicle or
SURSRVHVWRGRVR
(7) A hearing under this section may be used
to determine the reasonableness of the charge
IRUWRZLQJDQGVWRUDJHRIWKHYHKLFOH7RZLQJ
and storage charges set by law, ordinance or
rule or that comply with law, ordinance or rule
DUHUHDVRQDEOHIRUSXUSRVHVRIWKLVVXEVHFWLRQ
(8) An authority shall provide a written
 ,IWKHDXWKRULW\SURSRVLQJWRWRZDYHKL-
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hearing before the vehicle is taken into custody
and towed, the vehicle may not be towed unless
WKHYHKLFOHFRQVWLWXWHVDKD]DUG
(2) A request for hearing shall be in writing
and shall state grounds upon which the person
requesting the hearing believes that the cus-
WRG\DQGWRZLQJRIWKHYHKLFOHLVQRWMXVWLÀHG
(3) Upon receipt of a request for a hearing
under this section, the appropriate authority
shall set a time for the hearing within 72 hours
of the receipt of the request and shall provide
notice of the hearing to the person requesting
under this section to the person requesting
WKHKHDULQJ
(9) Hearings held under this section may
be informal in nature, but the presentation
of evidence in a hearing shall be consistent
with the presentation of evidence required for
FRQWHVWHGFDVHVXQGHU256
(10) The hearings officer at a hearing
XQGHUWKLVVHFWLRQPD\EHDQRIÀFHURIÀFLDORU
employee of the appropriate authority but shall
not have participated in any determination or
investigation related to taking into custody
and towing the vehicle that is the subject of
WKHKHDULQJ
the hearing and to the owners of the vehicle
and any lessors or security interest holders
shown in the records of the Department of
Transportation, if not the same as the person
UHTXHVWLQJWKHKHDULQJ7KHKRXUSHULRG
in this subsection does not include holidays,
6DWXUGD\VRU6XQGD\V
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819.200 Exemption from notice and
hearing requirements for vehicle held
in criminal investigation. A vehicle that
 ,IWKHDSSURSULDWHDXWKRULW\ÀQGVDIWHU is being held as part of any criminal investiga-
hearing and by substantial evidence on the tion is not subject to any requirements under
record, that the custody and towing of a vehicle 256WRXQOHVVWKHFULPLQDO
ZDV LQYHVWLJDWLRQUHODWHVWRWKHWKHIWRIWKHYHKLFOH
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order the immediate release of the vehicle to
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the person to whom the vehicle is released is
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819.210 Sale or disposal of vehicle not
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,IWKHSHUVRQKDVDOUHDG\SDLGWKHWRZLQJDQG
storage charges on the vehicle, the authority
responsible for taking the vehicle into custody
and towing the vehicle shall reimburse the
SHUVRQIRUWKHFKDUJHV1HZVWRUDJHFRVWVRQ
the vehicle will not start to accrue, however,
until more than 24 hours after the time the
YHKLFOHLVRIÀFLDOO\UHOHDVHGWRWKHSHUVRQXQGHU
WKLVSDUDJUDSK
(b) Valid, the appropriate authority shall
order the vehicle to be held in custody until
the costs of the hearing and all towing and
storage costs are paid by the party claiming the
YHKLFOH,IWKHYHKLFOHKDVQRW\HWEHHQWRZHG
the appropriate authority shall order that the
reclaimed. ,IDYHKLFOHWDNHQLQWRFXVWRG\
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within 30 days after it is taken into custody,
WKHSHUVRQWKDWWRZHGWKHYHKLFOHVKDOOHLWKHU
(a) Sell the vehicle and its contents at public
DXFWLRQLQWKHPDQQHUSURYLGHGLQ256
DQGRU
(b) Dispose of the vehicle in a manner pro-
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(2) The contents of any vehicle sold under
this section are subject to the same conditions
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819.215 Disposal of vehicle appraised
YHKLFOHEHWRZHG
(5) A person who fails to appear at a hearing
under this section is not entitled to another
hearing unless the person provides reasons
at $500 or less; notice; rules. ,IDQDEDQ-
doned vehicle is appraised at a value of $500 or
OHVVE\DSHUVRQZKRKROGVDFHUWLÀFDWHLVVXHG
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Page 384 (2015 Edition)

 '(6752<('$1'727$/('9(+,&/(6
(a) Notify the registered owner and secured
parties as provided in subsection (3) of this
section;
(b) Photograph the vehicle;
(c) Notify the Department of Transportation
that the vehicle will be disposed of; and
(d) Unless the vehicle is claimed by a person
entitled to possession of it within 15 days of
the date of notice under subsection (3) of this
section, dispose of the vehicle and its contents
 
819.260>F†F†
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APPRAISAL VALUE
819.280 Disposal of vehicle at request
of person in lawful possession; rules. (1)
A person may make a request to an authority
to a person who holds a valid dismantler cer-
WLÀFDWHLVVXHGXQGHU256
(2) The authority that requests towing of an
abandoned vehicle shall provide to the person
that tows the vehicle, at the time of the tow or
as soon as possible thereafter, a written state-
ment that contains the name and address of
the registered owner of the vehicle, as shown
by records of the department, and the names
GHVFULEHGLQ256ERUFWRGLVSRVH
of a vehicle that is on the private property of
the person and that is appraised at a value of
$500 or less, as determined by a holder of a
FHUWLÀFDWHLVVXHGXQGHU256LIWKH
SHUVRQLVLQODZIXOSRVVHVVLRQRIWKHYHKLFOH
For the purposes of this subsection, a person
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and addresses of any persons claiming inter-  ,IWKHDXWKRULW\UHTXHVWHGWRGLVSRVHRI
ests in the vehicle, as shown by records of the a vehicle under subsection (1) of this section
GHSDUWPHQW chooses to dispose of the vehicle, the authority
(3) Within 48 hours after the written state- VKDOOGRDOORIWKHIROORZLQJ
ment is provided under subsection (2) of this
section to a person that tows a vehicle, the
person must give written notice to the persons
ZKRVHQDPHVDUHIXUQLVKHGLQWKHVWDWHPHQW
The 48-hour period does not include Saturdays,
6XQGD\VRUKROLGD\V7KHQRWLFHVKDOOVWDWHWKDW
a person that is entitled to possession of the
vehicle has 15 days from the date the notice
was mailed to claim the vehicle and that if the
vehicle is not claimed, it will be disposed of as
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(b) Verify that the person is in lawful pos-
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(c) Provide notification to the person
requesting the disposal and the Department
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(A) The name and address of the person
requesting the disposal;
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 ,IWKHDXWKRULW\WKDWUHTXHVWVWRZLQJ (C) The appraised value of the vehicle;
of an abandoned vehicle does not provide to
the person that tows the vehicle the written  '7KHDSSUDLVHU·VFHUWLÀFDWHQXPEHUDQG
statement within 48 hours after the vehicle is signature; and
towed, the person may dispose of the vehicle
DVSURYLGHGLQ256
(5) Disposal of a vehicle to a dismantler as
provided in this section extinguishes all prior
RZQHUVKLSDQGSRVVHVVRU\ULJKWV
 (7KHQDPHDQGDGGUHVVRIWKHDXWKRULW\
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(d) Dispose of the vehicle and its contents
to a person who holds a valid dismantler cer-
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 7KHGHSDUWPHQWVKDOODGRSWUXOHVVSHF-
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department required by subsection (1) of this
section shall be submitted and what informa-
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person that tows the vehicle may submit to the
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to the department under this section instead
of submitting to the dismantler ownership or
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(3) The authority disposing of the vehicle
may charge the person requesting the disposal
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(4) Disposal of a vehicle to a dismantler as
provided in this section extinguishes all prior
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(5) The department shall adopt rules spec-
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by subsection (2) of this section shall be sub-
mitted and what additional information shall
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819.220>F†F†
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Page 385
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title documents for the vehicle, the authority
disposing of the vehicle may submit to the dis-
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the department under subsection (2) of this
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(2015 Edition)
 OREGON VEHICLE CODE
STOLEN VEHICLES
819.300 Possession of a stolen vehicle;
penalty. (1) A person commits the offense of
possession of a stolen vehicle if the person pos-
sesses any vehicle which the person knows or
KDVUHDVRQWREHOLHYHKDVEHHQVWROHQ
(2) The offense described in this section, pos-
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>F†@
 7UDIÀFNLQJLQVWROHQYHKLFOHV
penalty. (1) A person commits the offense
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receives or transfers possession of a vehicle
which the person knows or has reason to
believe has been stolen with intent to obtain,
WUDQVIHURUVHOOWLWOHWRWKHYHKLFOH
(2) The offense described in this section,
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VEHICLE IDENTIFICATION NUMBERS
819.400 Assignment of numbers. The
Department of Transportation shall provide
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required to be registered in this state and
components of such vehicles as the depart-
ment determines necessary if the vehicles or
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LVVXEMHFWWRWKHIROORZLQJ bers; penalty. (1) A person commits the
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number for the vehicle in the manner provided
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(2) This section does not apply to vehicles
that are exempt from registration under ORS
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(3) The offense described in this section, fail-
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819.420 Failure to obtain vehicle iden-
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or removed number; penalty. (1) A person
commits the offense of failure to obtain a vehi-
FOHLGHQWLÀFDWLRQQXPEHUIRUDYHKLFOHZLWKDQ
altered or removed number if the person has a
vehicle or vehicle component returned under
256DQGWKHSHUVRQGRHVQRWREWDLQ
DYHKLFOHLGHQWLÀFDWLRQQXPEHUIRUWKHYHKLFOH
or component in the manner provided under
256
(2) The offense described in this section, fail-
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a vehicle with an altered or removed number,
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GHVWUR\HGRUDOWHUHGLGHQWLÀFDWLRQQXP-
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vided under this section shall be assigned by
the department and permanently attached to
the vehicle or component as prescribed by the
GHSDUWPHQW
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RUDOWHUHGLGHQWLÀFDWLRQQXPEHUVLIWKHSHUVRQ
knowingly buys, sells, receives, disposes of,
conceals or has in the person’s possession any
vehicle or component from which the vehi-
FOHLGHQWLÀFDWLRQQXPEHUKDVEHHQUHPRYHG
 $YHKLFOHLGHQWLÀFDWLRQQXPEHUSURYLGHG defaced, covered, altered or destroyed for the
under this section shall be furnished by the purpose of concealing or misrepresenting the
GHSDUWPHQW LGHQWLW\RIWKHYHKLFOHRUFRPSRQHQW
 7KHYHKLFOHLGHQWLÀFDWLRQQXPEHUVKDOO
EHDIÀ[HGRQDQDSSURSULDWHSODFHRQWKHYHKL-
cle or component by the department or, at the
discretion of the department, by a police agency
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(4) The department shall not assign a vehicle
LGHQWLÀFDWLRQQXPEHUWRDYHKLFOHRUFRPSRQHQW
IURPZKLFKWKHLGHQWLÀFDWLRQQXPEHUDVVLJQHG
to the vehicle or component has been removed,
defaced, covered, altered or destroyed unless
WKHYHKLFOHRUFRPSRQHQWKDVEHHQ of a vehicle which possesses or did possess an
(a) Held and inspected by a police agency
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(2) The offense described in this section,
trafficking in vehicles with destroyed or
DOWHUHGLGHQWLÀFDWLRQQXPEHUVLVD&ODVV$
PLVGHPHDQRU>F†@
819.440 Police seizure of vehicle with-
RXWLGHQWLÀFDWLRQQXPEHULQVSHFWLRQ
disposition of vehicle; disposition of
moneys from sale. :KHQ D SROLFH RIÀFHU
discovers a vehicle or component, including a
transmission, engine or other severable portion
LGHQWLÀFDWLRQQXPEHUIURPZKLFKWKHYHKLFOH
LGHQWLÀFDWLRQQXPEHUDVVLJQHGWRWKHYHKLFOHRU
component has been removed, defaced, covered,
 E,QVSHFWHGE\DVSHFLDOO\TXDOLÀHGLQVSHF-
WRURUSROLFHRIÀFHUIRUWKHSXUSRVHRIORFDWLQJ
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found it shall be checked with the list of stolen
vehicles maintained by the National Crime
,QIRUPDWLRQ&HQWHU>F†
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819.410 Failure to obtain vehicle identi-
ÀFDWLRQQXPEHUIRUXQQXPEHUHGYHKLFOH
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DQGKROGLWIRULGHQWLÀFDWLRQDQGGLVSRVDODV
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(1) The police agency having custody of
WKHSURSHUW\VKDOOKDYHDVSHFLDOO\TXDOLÀHG
LQVSHFWRURUSROLFHRIÀFHULQVSHFWWKHSURSHUW\
IRUWKHSXUSRVHRIORFDWLQJWKHLGHQWLÀFDWLRQ
QXPEHU
exception; penalty. (1) A person commits the  ,IWKHLGHQWLÀFDWLRQQXPEHULVIRXQGLW
RIIHQVHRIIDLOXUHWRREWDLQDYHKLFOHLGHQWLÀFD- shall be checked with the list of stolen vehicles
tion number for an unnumbered vehicle if the PDLQWDLQHGE\WKH1DWLRQDO&ULPH,QIRUPDWLRQ
person is the owner of a vehicle that has never &HQWHU

3DJH (2015 Edition)

 '(6752<('$1'727$/('9(+,&/(6  

 ,IWKHLGHQWLÀFDWLRQQXPEHULVQRWIRXQG
the police agency shall apply to the Department
of Transportation for renumbering under ORS

(4) When the property is not listed as stolen
DQGWKHLGHQWLÀFDWLRQQXPEHULVHVWDEOLVKHG
the property shall be returned to the person
IURPZKRPLWZDVVHL]HGLI IROORZLQJ
(a) The person can establish that the person
is the owner of the property;
(b) The person executes a good and valid
surety bond in an amount at least equal to the
market value of the property and conditioned
upon return of the property to the owner, if one
can be established; or
shall be delivered to the sheriff of the county
in which the vehicle was located at the time
it was taken into custody for sale under this
VXEVHFWLRQ
(9) The sheriff or other local police agency,
after deducting the expense of keeping the
property and the cost of sale, shall do the

(a) Pay all the security interests, according
to their priorities which are established by
intervention or otherwise at such hearing or
LQRWKHUSURFHHGLQJEURXJKWIRUWKDWSXUSRVH
(b) Pay the balance of the proceeds into the
general fund of the unit of government employ-
LQJWKHRIÀFHUVRIWKHVHOOLQJSROLFHDJHQF\
 F7KHSHUVRQKDVDFHUWLÀFDWHDVDYHKLFOH >F†F†F
GHDOHULVVXHGXQGHU256RUDGLVPDQ- †F†@
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  ,I WKH SHUVRQ WR ZKRP WKH SURSHUW\
was returned does not establish the person’s
ownership of the property, the police agency
shall make reasonable efforts to determine
the names and addresses of the owner and
all persons of record having an interest in the
SURSHUW\,IWKHSROLFHDJHQF\LVDEOHWRGHWHU-
mine the names and addresses of the owner
and such other interested persons it shall
immediately notify the owner by registered or
FHUWLÀHGPDLORIWKHGLVSRVLWLRQRIWKHSURSHUW\
VEHICLE APPRAISERS
 9HKLFOHDSSUDLVHUFHUWLÀFDWH
rules. (1) A person who is issued a vehicle
DSSUDLVHUFHUWLÀFDWHE\WKH'HSDUWPHQWRI
7UDQVSRUWDWLRQXQGHUWKLVVHFWLRQLVTXDOLÀHG
to appraise any vehicle, including vehicles for
VDOHXQGHU256DQG
(2) The department shall establish rules to
provide for issuance of vehicle appraiser cer-
WLÀFDWHVXQGHUWKLVVHFWLRQ5XOHVDGRSWHGE\
the department under this section shall provide
 ,IWKHLGHQWLÀFDWLRQQXPEHURISURSHUW\ IRUDOORIWKHIROORZLQJ
seized is not established or if the property is
reported as stolen the police agency having
custody of the property shall do all of the
IROORZLQJ vehicle appraisals in accordance with the rules
(a) After making reasonable efforts to ascer-
tain the names and addresses of the owner
and all persons of record having an interest
in the property, notify the person from whom
the property was seized, and the owner and
such other persons if they can be ascertained,
RIWKHLUULJKWWRUHVSRQGZLWKLQGD\VIURP
the issuance of the notice through court action
IRUWKHUHWXUQRIWKHVHL]HGSURSHUW\
(b) Advertise, as required by this subsec-
tion, the taking of the property, the description
thereof and a statement of the rights of an
owner or other persons of record having an
interest in the property to respond through
court action for the return of the seized
SURSHUW\
(c) Place the advertisement in a daily news-
 D$PHWKRGRIDVFHUWDLQLQJWKHTXDOLÀFD-
tions and competence of individuals to conduct
of the department and generally accepted
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(b) A system for issuance of vehicle appraiser
FHUWLÀFDWHVWRSHUVRQVZKRTXDOLI\XQGHUWKH
UXOHVRIWKHGHSDUWPHQW
(c) Procedures and grounds for revocation
RUVXVSHQVLRQRIYHKLFOHDSSUDLVHUFHUWLÀFDWHV
issued under this section if the department
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cate has violated the rules adopted by the
GHSDUWPHQW
(d) A procedure for renewal of vehicle
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(3) The department may establish rules to
adopt educational requirements for issuance
RUUHQHZDORIYHKLFOHDSSUDLVHUFHUWLÀFDWHV
paper published in the city or county where the   9HKLFOH DSSUDLVHU FHUWLÀFDWHV LVVXHG
property was taken, or if a daily newspaper XQGHUWKLVVHFWLRQDUHVXEMHFWWRWKHIROORZLQJ
is not published in such city or county, in a
newspaper having weekly circulation in the
city or county, once a week for two consecutive
weeks and by handbills posted in three public
SODFHVQHDUWKHSODFHRIVHL]XUH
 D$FHUWLÀFDWHVKDOOH[SLUHWKUHH\HDUVIURP
the date of issuance unless renewed according
WRWKHUXOHVRIWKHGHSDUWPHQW
(b) The department shall not issue a vehi-
FOHDSSUDLVHUFHUWLÀFDWHWRDSHUVRQXQWLOWKH
 ,IFRXUWDFWLRQLVQRWLQLWLDWHGZLWKLQ
days from the issuance of notice the property
shall be sold at public auction by the sheriff or
other local police agency having custody of the
SURSHUW\
(8) Property seized and held by or at the
direction of the Department of State Police
person has paid the fee for issuance of a vehicle
DSSUDLVHUFHUWLÀFDWHXQGHU256
(c) The department shall not renew a vehicle
DSSUDLVHUFHUWLÀFDWHLVVXHGXQGHUWKLVVHFWLRQ
until the holder has paid the fee for renewal
RIDYHKLFOHDSSUDLVHUFHUWLÀFDWHXQGHU256
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Page 387 (2015 Edition)

 OREGON VEHICLE CODE
819.482 Acting as vehicle appraiser
ZLWKRXWFHUWLÀFDWHSHQDOW\(1) A person
commits the offense of acting as a vehicle
DSSUDLVHUZLWKRXWDFHUWLÀFDWHLIWKHSHUVRQ
GRHVQRWKROGDYHKLFOHDSSUDLVHUFHUWLÀFDWH
LVVXHGXQGHU256DQGWKHSHUVRQIRU
consideration, issues an opinion as to the value
RIDYHKLFOH
TXDOLÀFDWLRQVVXEVWDQWLDOO\VLPLODUWRTXDO-
LÀFDWLRQVUHTXLUHGIRUWKHFHUWLÀFDWLRQRID
vehicle appraiser in this state;
(c) An insurance adjuster authorized to do
EXVLQHVVXQGHU256RURU
(d) A person licensed or certified to
DSSUDLVHUHDOHVWDWHXQGHU256DQG
who appraises the value of manufactured
 7KLVVHFWLRQGRHVQRWDSSO\WR VWUXFWXUHV
(a) A person who holds a vehicle dealer cer- (3) The offense described in this section,
WLÀFDWHLVVXHGRUUHQHZHGXQGHU256 acting as a vehicle appraiser without a certif-
RUDQGZKRDSSUDLVHVYHKLFOHVLQWKH LFDWHLVD&ODVV$YLRODWLRQ>F†@
operation of the vehicle dealer’s business;
(b) A person from another jurisdiction who _______________
KROGVDYHKLFOHDSSUDLVHUFHUWLÀFDWHUHTXLULQJ

Page 388 (2015 Edition)

 63(&,$/3529,6,216)25&(57$,19(+,&/(6

Chapter 820

(',7,21
SPECIAL PROVISIONS FOR CERTAIN VEHICLES

WORKER TRANSPORT AND MISCELLANEOUS PROVISIONS

OTHER VEHICLES
820.200 Minor operating public passenger
820.010 Vehicles subject to safety regulation; vehicle; penalty
Department of Consumer and Busi- 820.210 Registration exemptions for golf carts
ness Services jurisdiction; rules and similar vehicles
820.020 Vehicles other than worker transport 820.220 Operation of low-speed vehicle in pro-
vehicles that are subject to safety hibited area; penalty
regulation
820.030 Safety code; rules; standards;
tentative draft; hearings; notice; AMBULANCES AND
amendment EMERGENCY VEHICLES
820.040 Inspection of vehicles
820.050 Orders regarding noncomplying vehi- $SSOLFDWLRQRI7UDIÀF/DZV
cles or drivers  ([HPSWLRQVIURPWUDIÀFODZV
820.060 Safety requirement; owner violation 820.320 Illegal operation of emergency vehi-
of worker transport vehicle safety cle or ambulance; penalty
code; penalty
820.070 Driver violation of worker transport (Records)
vehicle safety code; penalty
820.330 Failure to make, maintain and make
available ambulance records; exemp-
SCHOOL VEHICLES tion; penalty
820.100 Adoption of safety standards for 820.340 Contents of ambulance records
construction and equipment of school
vehicles (Equipment)
820.105 School bus stop arms 820.350 Ambulance warning lights
820.110 Rules and standards for driver qual- 820.360 Illegal ambulance lighting equip-
LÀFDWLRQDQGWUDLQLQJDQGDFFLGHQW ment; exemption; penalty
reports 820.370 Ambulance or emergency vehicle
820.120 Rules and standards for school vehi- sirens
cle inspection 820.380 Illegal ambulance or emergency vehi-
820.130 School bus registration cle sirens; exemption; penalty
820.140 Revocation of registration
820.150 Rules and standards for exemption of IMPLEMENTS OF HUSBANDRY
certain vehicles from Oregon Vehicle
Code 820.400 Unlawful operation of implement of
husbandry; penalty
820.160 Illegal display of school bus mark-
ings; penalty
820.170 Improper school bus markings; MANUFACTURED STRUCTURES
penalty
820.520 Travel or special use trailer assessed
820.180 Unsafe school vehicle operation; as manufactured structure; effect
penalty of ceasing to be used as permanent
820.190 Minor operating school vehicle; home
penalty 820.570 Violating trip permit requirements
for manufactured structures; penalty

Page 389 (2015 Edition)

OREGON VEHICLE CODE

Page 390 (2015 Edition)

 63(&,$/3529,6,216)25&(57$,19(+,&/(6
WORKER TRANSPORT AND
OTHER VEHICLES
820.010 Vehicles subject to safety reg-
ulation; Department of Consumer and
Business Services jurisdiction; rules. (1)
A motor vehicle is subject to safety regulation
XQGHU256WRLIWKHYHKLFOHLV
furnished by an employer and is used to trans-
port one or more workers to and from their
SODFHVRIHPSOR\PHQW$OORIWKHIROORZLQJDSSO\
WRWKLVVXEVHFWLRQ of service by drivers, minimum age and skill of
(a) The employer must be an individual who
HPSOR\VRUXVHVWZRRUPRUHZRUNHUV
(b) The workers employed or transported
may be any individuals who are employed for
any period in any work for which the workers
DUHFRPSHQVDWHGZKHWKHUIXOORUSDUWWLPH
(c) The place of employment to and from
which the vehicle is used to transport workers
must be a location where one or more workers
are actually performing the labor incident to
WKHLUHPSOR\PHQW
(d) Vehicles may include passenger automo-
ELOHVRSHUDWHGE\RURQEHKDOIRIHPSOR\HUV
 
(a) For the construction and mechanical
equipment of a motor vehicle, including its cou-
SOLQJGHYLFHVOLJKWLQJGHYLFHVDQGUHÁHFWRUV
motor exhaust system, rear-vision mirrors,
service and parking brakes, steering mech-
anism, tires, warning and signaling devices
DQGZLQGVKLHOGZLSHUV
(b) For the operation of a motor vehicle,
including driving rules, loading and carrying
freight and passengers, maximum daily hours
drivers, physical condition of drivers, refueling,
road warning devices and the transportation
RIJDVROLQHDQGH[SORVLYHV
(c) For the safety of passengers in a motor
YHKLFOHLQFOXGLQJHPHUJHQF\H[LWVÀUHH[WLQ-
JXLVKHUVÀUVWDLGNLWVPHDQVRILQJUHVVDQG
egress, side walls, and a tailgate or other
means of retaining freight and passengers
ZLWKLQWKHPRWRUYHKLFOH
(2) Before formulating a draft of the safety
code, the department shall invite the par-
ticipation of interested state agencies and
representative business, farm, labor and safety
RUJDQL]DWLRQV7KHVHJURXSVPD\PDNHVXJJHV-
 ,IYHKLFOHVGHVFULEHGLQWKLVVHFWLRQDUH
worker transport buses, the vehicles may be
subject to additional regulation for the use
RIEXVVDIHW\OLJKWVXQGHU256DQG
LQDGGLWLRQWRVDIHW\PHDVXUHVXQGHU
256
tions relating to the minimum standards to be
HPERGLHGLQWKHVDIHW\FRGH7KHGHSDUWPHQW
shall consider the suggestions and prepare a
WHQWDWLYHGUDIWRIWKHVDIHW\FRGH
(3) The following apply to hearings on a
WHQWDWLYHGUDIWXQGHUWKLVVHFWLRQ
(3) The Department of Consumer and Busi-
ness Services has concurrent jurisdiction with
the Department of Transportation in the adop-
WLRQXQGHU256RIUXOHVUHODWLQJWR
vehicles described in this section and in the
HQIRUFHPHQWRIWKRVHUXOHVXQGHU256
DQGDVDSSOLHGWRYHKLFOHVGHVFULEHG
LQWKLVVHFWLRQ
(4) Vehicles described in this section are in
addition to any vehicles subjected to regulation
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820.020 Vehicles other than worker
transport vehicles that are subject to
safety regulation. Vehicles used in trans-
SRUWDWLRQRISHUVRQVIRUKLUHE\DQRQSURÀW
entity are subject to safety regulation under
256WRLQDGGLWLRQWRZRUNHU
transport vehicles subjected to such regulation
XQGHU256>F†
F†F†@
820.030 Safety code; rules; standards;
tentative draft; hearings; notice; amend-
ment. The Department of Transportation shall
make and enforce reasonable rules relating
WRYHKLFOHVGHVFULEHGXQGHU256DQG
$XWKRULW\IRUHQIRUFHPHQWRIWKHUXOHV
LVHVWDEOLVKHGXQGHU256WR
 D8SRQWKHÀ[LQJRIGDWHVDQGSODFHVIRU
hearings to consider the tentative draft, the
GHSDUWPHQW
(A) Shall cause notices of the hearings to be
published in one or more daily newspapers of
general circulation published and circulated in
the City of Portland and in such other news-
papers of general circulation in this state as
will give wide notices of the hearings; and
(B) Shall cause copies of the tentative draft
to be widely distributed among representative
business, farm, labor and safety organizations
DQGDPRQJLQWHUHVWHGLQGLYLGXDOV
(b) Any individuals or groups may par-
ticipate in the hearings, and submit their
comments and suggestions relating to the
minimum standards embodied in the tenta-
WLYHGUDIW
(4) Notice of the adoption and issuance of the
safety code shall be given in the same manner
DVQRWLFHVRIWKHKHDULQJV
(5) The department shall cause copies of
the safety code and amendments thereto to
be widely distributed among interested state
agencies, among representative business, farm,
labor and safety organizations and among
LQWHUHVWHGLQGLYLGXDOV
The rules shall be embodied in a safety code  7KHGHSDUWPHQWPD\DPHQGWKHVDIHW\
and the safety code is subject to all of the code at any time upon its own motion or upon
IROORZLQJ complaint by any individual or group, in the
(1) The safety code shall establish minimum same manner as the safety code was prepared,
standards for all of the following aspects of DGRSWHGDQGGLVWULEXWHGXQGHUWKLVVHFWLRQ
the safety and operation of vehicles described (7) No defect or inaccuracy in a notice or
XQGHU256DQG in the publication thereof shall invalidate the

Page 391 (2015 Edition)

 OREGON VEHICLE CODE
safety code or any amendment thereto adopted
DQGLVVXHGE\WKHGHSDUWPHQW>F
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820.040 Inspection of vehicles. (1) The
Department of Transportation, in enforcing the
VDIHW\FRGHHVWDEOLVKHGXQGHU256
may inspect any vehicle that is described under
256RU
(2) Upon request, the Superintendent of
State Police shall assist the department in
WKHVHLQVSHFWLRQV>F†@
820.050 Orders regarding noncom-
plying vehicles or drivers. (1) Whenever
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQÀQGVWKDW
D YHKLFOH GHVFULEHG XQGHU 256  RU
YLRODWHVDQ\SURYLVLRQRIWKHVDIHW\
FRGHDGRSWHGXQGHU256RUDQDPHQG-
820.070 Driver violation of worker
transport vehicle safety code; penalty.
(1) A person commits the offense of driver vio-
lation of worker transport vehicle safety code
if the person, at any time, operates a vehicle
GHVFULEHGXQGHU256RULQ
a manner that violates any provision of the
VDIHW\FRGHHVWDEOLVKHGXQGHU256
RUDQ\DPHQGPHQWWKHUHWR
(2) The offense described in this section,
driver violation of worker transport vehicle
VDIHW\FRGHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†@
SCHOOL VEHICLES
820.100 Adoption of safety standards
for construction and equipment of school
ment thereto, the department shall make, enter
and serve upon the owner of the vehicle any
order necessary to protect the safety of persons
WUDQVSRUWHGLQWKHYHKLFOH
(2) The department may direct in an order,
as a condition to the continued use of the
motor vehicle for authorized purposes, that
such additions, repairs, improvements or
changes be made and such safety devices and
safeguards be furnished and used as are rea-
sonably required to satisfy the requirements
of the safety code, in the manner and within
WKHWLPHVSHFLÀHGLQWKHRUGHU
(3) The department may also issue to the
owner of the vehicle an order to require that
any driver of the motor vehicle satisfy the min-
imum standards for a driver under the safety
FRGHHVWDEOLVKHGXQGHU256
vehicles. 7KH6WDWH%RDUGRI(GXFDWLRQ
shall adopt and enforce such reasonable stan-
dards relating to school bus and school activity
vehicle construction and school bus and school
activity vehicle equipment as the board deems
necessary for safe and economical operation,
except that the board may not authorize the
use of school buses manufactured before April

(2) The governing board of a public uni-
YHUVLW\ OLVWHG LQ 256  PD\ DGRSW
and enforce separate standards of the type
described under this section for school buses
and school activity vehicles that are under the
governing board’s jurisdiction, except that the
governing board may not authorize the use
of school buses manufactured before April 1,

(4) Any person aggrieved by an order of the  7KH6WDWH%RDUGRI(GXFDWLRQVKDOODGRSW
department under this section may appeal and enforce standards for school bus stop arms
XQGHUWKHSURYLVLRQVRI256 DXWKRUL]HGE\256
(5) Violation of an order issued under this  6WDQGDUGVDGRSWHGXQGHUWKLVVHFWLRQ
section is subject to penalty as provided under (a) Must be consistent with requirements
256>F†@ established by statute or by rule adopted under
820.060 Safety requirement; owner vio- statutory authority that relate to the same
lation of worker transport vehicle safety VXEMHFW
code; penalty. (1) The following vehicles shall (b) Shall be consistent with minimum uni-
be maintained in a safe condition and operated form national standards, if such standards
LQDVDIHPDQQHUDWDOOWLPHV H[LVW
 D9HKLFOHVGHVFULEHGLQ2567KLV (c) May include different requirements for
paragraph applies whether or not the vehicle different classes or types of school buses or
LVXVHGXSRQDSXEOLFKLJKZD\ VFKRRODFWLYLW\YHKLFOHV
 E9HKLFOHVGHVFULEHGLQ256
(2) A person commits the offense of owner
violation of the worker transport vehicle safety
code if the person is the owner of a vehicle
GHVFULEHGXQGHU256RUDQG
WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ 820.105 School bus stop arms. Notwith-
(a) Violates or willfully fails to comply with
DQRUGHULVVXHGXQGHU256
(b) Violates any provision of the safety code
HVWDEOLVKHGXQGHU256RUDQ\DPHQG-
PHQWWKHUHWR
(3) The offense described in this section,
owner violation of worker transport vehicle
VDIHW\FRGHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†@
(d) May include any exemptions determined
DSSURSULDWHXQGHU256>F
†F†F†
F†F†F†
F†F†@
standing any other provision of law, school
buses may be equipped with an octagonal
shaped mechanical stop arm that indicates
when the bus is stopped to load or unload
SDVVHQJHUVRQDURDGZD\7KHVWRSDUPVDXWKR-
rized by this section shall be equipped with
WZRDOWHUQDWHO\ÁDVKLQJUHGEXVVDIHW\OLJKWV
VKRZLQJERWKWRWKHIURQWDQGUHDURIWKHEXV
>F†@

Page 392 (2015 Edition)

 63(&,$/3529,6,216)25&(57$,19(+,&/(6
 

NoteZDVDGGHGWRDQGPDGHDSDUW (b) May include different requirements for

of ORS chapter 820 but was not added to any
VPDOOHUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH
Preface to Oregon Revised Statutes for further
H[SODQDWLRQ
820.110 Rules and standards for driver
TXDOLÀFDWLRQDQGWUDLQLQJDQGDFFLGHQW
different classes or types of school buses or
VFKRRODFWLYLW\YHKLFOHV
(c) May include any exemptions determined
DSSURSULDWHXQGHU256>F
†F†F†
F†F†@
reports. 7KH6WDWH%RDUGRI(GXFDWLRQ
shall adopt and enforce rules to establish
UHTXLUHPHQWVRIRSHUDWLRQTXDOLÀFDWLRQVRU
special training of drivers and special accident
reports for school buses and school activity
YHKLFOHV
(2) The governing board of a public uni-
YHUVLW\ OLVWHG LQ 256  PD\ DGRSW
820.130 School bus registration. The
Department of Transportation shall issue reg-
LVWUDWLRQIRUDVFKRROEXVZKHQQRWLÀHGWKDW
the vehicle conforms to applicable standards
DQGUXOHVXQGHU256WRDQG
that the vehicle is safe for operation on the
KLJKZD\V1RWLÀFDWLRQUHTXLUHGE\WKLVVHFWLRQ
VKDOOEHIURP
and enforce separate standards of the type   7KH 6WDWH %RDUG RI (GXFDWLRQ RU LWV
described under this section for school buses authorized representative regarding vehicles
and school activity vehicles that are under its XQGHULWVUHJXODWRU\DXWKRULW\
MXULVGLFWLRQ
(2) The governing board of a public univer-
(3) The rules and standards adopted under VLW\OLVWHGLQ256RUWKHDXWKRUL]HG
WKLVVHFWLRQ representative of the governing board regard-
 D$UHVXEMHFWWR256DQG
and to any other statute or regulation relating
WRWKHRSHUDWLRQRIYHKLFOHVTXDOLÀFDWLRQVRI
GULYHUVDQGDFFLGHQWUHSRUWV
(b) Must be consistent with requirements
established by statute or by rule adopted under
statutory authority that relate to the same
ing vehicles under the governing board’s
MXULVGLFWLRQ>F†F†
F†F†F†@
820.140 Revocation of registration. The
Department of Transportation may revoke the
registration of any school bus if the department
GHWHUPLQHVWKDWWKHYHKLFOH
VXEMHFW  ,VQRWPDLQWDLQHGDQGRSHUDWHGLQDFFRU-
(c) May include different requirements for dance with standards and rules applicable to
different classes or types of school buses or WKHYHKLFOHXQGHU256WRRU
VFKRRODFWLYLW\YHKLFOHV  ,VQRWVDIHIRURSHUDWLRQRYHURULVQRW
(d) May include any exemptions determined VDIHO\RSHUDWHGRYHUWKHSXEOLFKLJKZD\V>
DSSURSULDWHXQGHU256 F†F†F†
 ,IWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ F†D@
suspends, cancels or revokes any driving 820.150 Rules and standards for exemp-
privileges of a person who holds a school bus tion of certain vehicles from Oregon
HQGRUVHPHQW XQGHU 256   WKH
Department of Transportation shall notify the
'HSDUWPHQWRI(GXFDWLRQRIWKHVXVSHQVLRQ
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F†F†F
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820.120 Rules and standards for school
vehicle inspection. (1) The State Board of
(GXFDWLRQVKDOODGRSWDQGHQIRUFHUXOHVWR
provide for the inspection of school buses and
school activity vehicles to assure that the
vehicles are in compliance with requirements
under standards and rules established under
256DQGDVDSSOLFDEOHDQG
WKDWWKHYHKLFOHVDUHVDIHIRURSHUDWLRQ7KH
UXOHVPD\LQFOXGHLQWHUYDOVRILQVSHFWLRQV
(2) The governing board of a public uni-
YHUVLW\ OLVWHG LQ 256  PD\ DGRSW
and enforce separate standards of the type
described under this section for school buses
and school activity vehicles that are under its
MXULVGLFWLRQ
(3) The rules and standards adopted under
WKLVVHFWLRQ (c) Any vehicle determined not to be a
(a) Are subject to any other statute or reg-
ulation relating to the safety of vehicles for
RSHUDWLRQDQGWKHLQVSHFWLRQRIYHKLFOHV
Page 393
Vehicle Code. 7KH6WDWH%RDUGRI(GXFD-
tion, by rule, may establish classes or types of
vehicles that are not considered school buses
or school activity vehicles for purposes of the
Oregon Vehicle Code or classes of school buses
or school activity vehicles that are not subject
to regulation under the Oregon Vehicle Code
HLWKHUSDUWLDOO\RUFRPSOHWHO\
(2) The governing board of a public univer-
VLW\OLVWHGLQ256PD\DGRSWVHSDUDWH
standards of the type described under this sec-
WLRQIRUYHKLFOHVWKDWDUHXQGHULWVMXULVGLFWLRQ
(3) Rules and standards adopted under this
VHFWLRQDUHVXEMHFWWRWKHIROORZLQJ
(a) Any exemption, either partial or total,
established under this section may be based
upon passenger capacity, on limited use or on
DQ\RWKHUEDVLVWKH6WDWH%RDUGRI(GXFDWLRQ
RUWKHJRYHUQLQJERDUGFRQVLGHUVDSSURSULDWH
(b) An exemption, either partial or total,
may not be established under this section for
any vehicle that is marked with or displays the
ZRUGV´VFKRROEXVµ
school bus under this section is not a school
EXVZLWKLQWKHGHÀQLWLRQHVWDEOLVKHGXQGHU
2563DUWLDOH[HPSWLRQVHVWDEOLVKHG
(2015 Edition)
 OREGON VEHICLE CODE
for vehicles under this section may include
removal of the vehicle from any provisions
UHODWLQJWRVFKRROEXVHVXQGHUWKHYHKLFOHFRGH
(d) Any vehicle determined not to be a school
activity vehicle under this section is not a
VFKRRODFWLYLW\YHKLFOHZLWKLQWKHGHÀQLWLRQ
HVWDEOLVKHGXQGHU2563DUWLDOH[HPS-
tions established for vehicles under this section
may include removal of the vehicle from any
provisions relating to school activity vehicles
XQGHUWKHYHKLFOHFRGH
(3) The offense described in this section,
unsafe school vehicle operation, is a Class B
WUDIÀFYLRODWLRQ>F†F
†F†F†F
†E@
820.190 Minor operating school vehicle;
penalty. (1) A person commits the offense of
being a minor operating a school vehicle if the
person is under 18 years of age and the person
drives any of the following while it is in use for
the transportation of pupils to or from school
 H,QFRQVLGHULQJDQ\UXOHVDQGVWDQGDUGV RUDQDXWKRUL]HGVFKRRODFWLYLW\RUIXQFWLRQ
under this section, the boards shall consider  D$VFKRROEXV
WKHQHHGWRHQVXUHVWXGHQWVDIHW\>F
†F†F†F
†F†F†@
820.160 Illegal display of school bus
markings; penalty. (1) A person commits the
offense of illegal display of school bus markings
LIWKHSHUVRQGLVSOD\VWKHZRUGV´6FKRRO%XVµ
RQDQ\YHKLFOHXQOHVVWKHYHKLFOH a private passenger vehicle and not operated
 E$VFKRRODFWLYLW\YHKLFOH
(c) A vehicle owned by a public or govern-
PHQWDODJHQF\
(d) A privately owned vehicle that is oper-
ated for compensation that is a vehicle other
than a vehicle commonly known and used as
for compensation except in the transportation
 D,VXVHGLQWUDQVSRUWLQJVFKRROFKLOGUHQWR
or from school or an authorized school activity
or function; and
(b) Complies with the applicable require-
ments under standards and rules established
XQGHU256WR
(2) The offense described in this section, ille-
gal display of school bus markings, is a Class B
WUDIÀFYLRODWLRQ>F†F
†F†F†D@
820.170 Improper school bus markings;
penalty. (1) A person commits the offense of
improper school bus markings if the person
GLVSOD\VWKHZRUGV´6FKRRO%XVµRQDYHKLFOH
without such words being marked in the front
and in the rear in letters eight inches high or
KLJKHUDQGRISURSRUWLRQDWHZLGWK
(2) The offense described in this section,
improper school bus markings, is a Class D
WUDIÀFYLRODWLRQ>F†F
†F†@
820.180 Unsafe school vehicle oper-
ation; penalty. (1) A person commits the
RIIHQVHRIXQVDIHVFKRROYHKLFOHRSHUDWLRQLI FRGH
(a) The person operates or owns and causes
or permits to be operated a school bus or school
activity vehicle in a manner that is in violation
of any standards and rules applicable to the
YHKLFOHWKDWDUHDGRSWHGXQGHU256
WR (3) Notwithstanding any provision of the
(b) The person owns or leases and causes or
permits to be operated for school purposes a
school bus or school activity vehicle containing
more passengers than the vehicle is designed
to transport; or
(c) The person operates or owns and causes
or permits to be operated a school bus manu-
IDFWXUHGEHIRUH$SULO
(2) A person is not in violation of subsec-
tion (1)(b) of this section if a bus or vehicle
contains more passengers than it is designed
to transport due to unforeseen or unusual
FLUFXPVWDQFHV
Page 394
RIVWXGHQWVWRRUIURPVFKRRO
(2) The offense described in this section,
minor operating a school vehicle, is a Class B
WUDIÀFYLRODWLRQ>F†F
†@
MISCELLANEOUS PROVISIONS
820.200 Minor operating public passen-
ger vehicle; penalty. (1) A person commits
the offense of being a minor operating a public
passenger vehicle if the person is under 21
years of age and the person drives a motor
vehicle while it is in use as a public passen-
JHUFDUU\LQJYHKLFOH
(2) The offense described in this section,
minor operating a public passenger vehicle, is
D&ODVV%WUDIÀFYLRODWLRQ>F†@
820.210 Registration exemptions for
golf carts and similar vehicles. (1) Golf
carts operated in accordance with an ordinance
DGRSWHGXQGHU256DUHH[HPSWIURP
registration requirements under the vehicle
(2) Golf carts or substantially similar
vehicles that are operated by persons with
disabilities at not more than 15 miles an hour
are exempt from registration requirements
XQGHUWKHYHKLFOHFRGH
vehicle code relating to vehicle equipment and
condition, upon designation of a portion of a
highway becoming effective under an ordi-
QDQFHDGRSWHGXQGHU256LWVKDOO
be lawful to drive golf carts on highways or
portions thereof so designated in accordance
with the rules and regulations prescribed by
WKHORFDODXWKRULW\>F†F
†@
820.220 Operation of low-speed vehicle
in prohibited area; penalty. (1) A person
commits the offense of operation of a low-speed
vehicle in a prohibited area if the person is
a person with a disability and the person
(2015 Edition)
 63(&,$/3529,6,216)25&(57$,19(+,&/(6
operates a golf cart or substantially similar
motor vehicle on any highway with a speed
GHVLJQDWLRQJUHDWHUWKDQPLOHVSHUKRXU
(2) The offense described in this section,
operation of low-speed vehicle in prohibited
DUHDLVD&ODVV'WUDIÀFYLRODWLRQ>F
†F†@
 
SULYLOHJHVJUDQWHGXQGHU256ZKHQ
in pursuit of an actual or suspected violator
RIWKHODZ
(b) The driver of an emergency vehicle or
ambulance must use a visual signal with
appropriate warning lights when the driver
is exercising privileges granted under ORS

AMBULANCES AND  F,QDGGLWLRQWRDQ\UHTXLUHGYLVXDOVLJQDO
EMERGENCY VEHICLES the driver of an emergency vehicle or ambu-
lance must make use of an audible signal
$SSOLFDWLRQRI7UDIÀF/DZV PHHWLQJWKHUHTXLUHPHQWVXQGHU256
when the driver is proceeding past a stop light
 ([HPSWLRQVIURPWUDIÀFODZV or stop sign under privileges granted by ORS
(1) Subject to conditions, limitations, prohibi- E
tions and penalties established for emergency
vehicle and ambulance drivers under ORS (d) A driver of an emergency vehicle or
WKHGULYHURIDQHPHUJHQF\YHKLFOH ambulance who is exercising privileges granted
RUDPEXODQFHPD\GRDQ\RIWKHIROORZLQJ XQGHU256E\SDUNLQJRUVWDQGLQJDQ
emergency vehicle in disregard of a regulation
(a) Park or stand in disregard of a statute, or ordinance prohibiting that parking, stopping
regulation or ordinance prohibiting that park- RUVWDQGLQJVKDOOQRWXVHWKHDXGLEOHVLJQDO
LQJRUVWDQGLQJ
 H,QH[HUFLVLQJWKHSULYLOHJHVXQGHU256
 E3URFHHGSDVWDUHGVLJQDORUVWRSVLJQ HUHODWLQJWREXVHVDQGEXVVDIHW\
 F([FHHGWKHGHVLJQDWHGVSHHGOLPLWV
(d) Disregard regulations governing direc-
WLRQ RI PRYHPHQW RU WXUQLQJ LQ VSHFLÀHG
GLUHFWLRQV
lights, the driver of an emergency vehicle or
DPEXODQFHPXVWÀUVWVWRSWKHYHKLFOHDQGWKHQ
PXVW
(A) Determine that no passengers of the bus
remain on the roadway; and
 H 3URFHHG SDVW WKH ÁDVKLQJ EXV VDIHW\
OLJKWVZLWKRXWYLRODWLQJ256LIWKH  %3URFHHGZLWKFDXWLRQ
GULYHUÀUVWVWRSVWKHYHKLFOHDQGWKHQSURFHHGV  I,QSURFHHGLQJSDVWDQ\VWRSOLJKWRUVWRS
RQO\ZKHQWKHGULYHU sign under the privileges granted by ORS
(A) Determines that no passengers of the WKHGULYHURIDQHPHUJHQF\YHKLFOH
bus remain on the roadway; and or ambulance must slow down as may be nec-
HVVDU\IRUVDIHRSHUDWLRQ
 %3URFHHGVZLWKFDXWLRQ
(g) The driver of an emergency vehicle or
 7KHSURYLVLRQVRIWKLVVHFWLRQ ambulance must not exceed any designated
(a) Do not relieve the driver of an emergency
vehicle or ambulance from the duty to drive
with due regard for the safety of all other
SHUVRQV
(b) Are not a defense to the driver of an
emergency vehicle or ambulance in an action
brought for criminal negligence or reckless
FRQGXFW
speed limit to an extent which endangers per-
VRQVRUSURSHUW\
(2) The driver of an emergency vehicle that
is operated as an emergency police vehicle is
not required to use either visual signal or the
audible signal as described in this section in
order to exercise the privileges granted in
256ZKHQLWUHDVRQDEO\DSSHDUVWR
the driver that the use of either or both would
 F([FHSWDVVSHFLÀFDOO\SURYLGHGLQWKLV
section, do not relieve the driver of an emer-
gency vehicle or ambulance from the duty to
FRPSO\ZLWK256>F†
F†F†@
820.310>F†F†
F†UHSHDOHGE\F†@
820.320 Illegal operation of emergency
vehicle or ambulance; penalty. (1) A person
commits the offense of illegal operation of
an emergency vehicle or ambulance if the
person is the driver of an emergency vehicle
or ambulance and the person violates any of
WKHIROORZLQJ available ambulance records if the person vio-
(a) The driver of an emergency vehicle
or ambulance may only exercise privileges
JUDQWHGXQGHU256ZKHQUHVSRQGLQJ
to an emergency call or when responding to, but
QRWXSRQUHWXUQLQJIURPDQHPHUJHQF\7KH
driver of an emergency vehicle may exercise
Page 395
prevent or hamper the apprehension or detec-
tion of a violator of a statute, ordinance or
UHJXODWLRQ
(3) The offense described in this section,
illegal operation of an emergency vehicle or
DPEXODQFHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F†@
(Records)
820.330 Failure to make, maintain
and make available ambulance records;
exemption; penalty. (1) A person commits the
offense of failure to make, maintain and make
ODWHVDQ\RIWKHIROORZLQJ
(a) When an ambulance is used in an emer-
gency situation the driver of the ambulance,
within 24 hours after such use, shall cause to
be made and must sign a record that complies
ZLWK256
(2015 Edition)
 OREGON VEHICLE CODE

(b) The owner of any ambulance shall cause 256>F†F†

any record required by this section to be pre- F†@
VHUYHGIRUQRWOHVVWKDQVHYHQ\HDUV 820.360 Illegal ambulance lighting
(c) Upon demand of any district attorney, equipment; exemption; penalty. (1) A
the custodian of any record required under person commits the offense of illegal ambu-
this section shall make the record available to lance lighting equipment if the person drives
that district attorney for the purpose of inves- or moves on any highway or owns and causes
WLJDWLQJDQ\DOOHJHGYLRODWLRQRI256 or knowingly permits to be driven or moved
E\DGULYHURIDQDPEXODQFH on any highway an ambulance that does not
(d) Upon demand of an authorized repre- contain and is not at all times equipped with
sentative of the Oregon Health Authority, the warning lights in proper condition and adjust-
custodian of any record required under this PHQWDVUHTXLUHGXQGHU256
section shall make the record available to (2) This section does not apply to any person
the authorized representative who wishes to RUDPEXODQFHH[HPSWHGE\256RU
inspect the record for purposes of ascertain- IURPUHJXODWLRQE\WKH2UHJRQ+HDOWK
ing identities of emergency medical services $XWKRULW\
SURYLGHUVDVGHÀQHGLQ256 (3) Authority of political subdivisions to reg-
(2) This section does not apply to any person ulate warning lights on ambulances is limited
RUDPEXODQFHH[HPSWHGE\256RU XQGHU256
IURPUHJXODWLRQE\WKHDXWKRULW\ (4) The offense described under this sec-
(3) Authority of political subdivisions to reg-tion, illegal ambulance lighting equipment, is
ulate records of ambulances is limited under D&ODVV&WUDIÀFYLRODWLRQ>F†
256 F†F†@
(4) The offense described in this section, 820.370 Ambulance or emergency
failure to make, maintain and make available vehicle sirens. (1) Subject to any other law
DPEXODQFHUHFRUGVLVD&ODVV%WUDIÀFYLROD- or rule pursuant thereto relating to the noise
WLRQ>F†F† of a vehicle, the Department of Transporta-
F†F†F†@ tion may prescribe required sirens or other
820.340 Contents of ambulance records. audible signals for ambulances and emergency
5HFRUGVUHTXLUHGXQGHU256PXVW YHKLFOHV7KHUHTXLUHPHQWVHVWDEOLVKHGXQGHU
FRQWDLQDOORIWKHIROORZLQJ this section may include, but are not limited
to, numbers required, placement, audibility
(1) The time of day and the date when ambu- DQGLQVLGHLQGLFDWRUV
ODQFHVHUYLFHZDVUHTXHVWHG
(2) The name of the ambulance driver and
the name of the emergency medical services
SURYLGHUVDVGHÀQHGLQ256ZKR
provided the service, one of whom may be the
GULYHU
(3) The name and address of any individual
WREHWUDQVSRUWHG
(4) Any reason to believe the life of the
individual is jeopardized by delay of the
DPEXODQFH
(5) The location from which the individual
LVWREHWUDQVSRUWHG
 (QIRUFHPHQWRIWKHUHTXLUHPHQWVHVWDE-
lished under this section is provided under
256>F†F†
F†F†@
820.380 Illegal ambulance or emer-
gency vehicle sirens; exemption; penalty.
(1) A person commits the offense of illegal
ambulance or emergency vehicle sirens if the
person drives or moves on any highway or owns
and causes or knowingly permits to be driven
or moved on any highway an ambulance or
emergency vehicle that does not contain and
is not at all times equipped with sirens or other
audible signals in proper conditions and adjust-
 7KHQDPHDQGDGGUHVVRIDQ\SHUVRQZKR PHQWDVUHTXLUHGXQGHU256
UHTXHVWHGWKHDPEXODQFHVHUYLFH (2) This section does not apply to any
(7) The time of day when service for the indi- ambulance or person operating or owning
YLGXDOLVEHJXQDQGHQGHG>F† an ambulance if the ambulance or person is
F†@ H[HPSWHGE\256RUIURP
UHJXODWLRQE\WKH2UHJRQ+HDOWK$XWKRULW\
(Equipment) (3) Authority of political subdivisions to
regulate sirens and other audible signals is
820.350 Ambulance warning lights. OLPLWHGXQGHU256
(1) Subject to any other law or rule pursuant
thereto relating to lighting of a vehicle, the (4) The offense described under this sec-
Department of Transportation may prescribe tion, illegal ambulance or emergency vehicle
UHTXLUHGZDUQLQJOLJKWVIRUDPEXODQFHV7KH VLUHQVLVD&ODVV&WUDIÀFYLRODWLRQ>F
requirements established under this section †F†F†F
may include, but are not limited to, numbers †@
UHTXLUHGSODFHPHQWYLVLELOLW\UDWHRIÁDVKLI
DSSOLFDEOHDQGLQVLGHLQGLFDWRUV
 (QIRUFHPHQWRIWKHUHTXLUHPHQWVHVWDE-
lished under this section is provided under

3DJH (2015 Edition)

 63(&,$/3529,6,216)25&(57$,19(+,&/(6
 

IMPLEMENTS OF HUSBANDRY 820.530>F†F†

F†F†F
820.400 Unlawful operation of imple- †UHSHDOHGE\F†@
ment of husbandry; penalty. (1) A person
commits the offense of unlawful operation of an 820.540>F†F†
implement of husbandry if the person operates F†UHSHDOHGE\F†@
an implement of husbandry in violation of any 820.550>F†F†
RIWKHIROORZLQJ UHSHDOHGE\F†@
(a) Such vehicle must be driven as closely 820.560>F†F†
as is practicable to the right-hand edge of the F†F†F†
URDGEHGLQFOXGLQJWKHVKRXOGHUVLIDQ\ F†F†UHSHDOHGE\
(b) Such vehicle, if the movement of the vehi- F†@
cle occurs during the hours of darkness, must 820.570 Violating trip permit require-
be equipped and operating two headlights, ments for manufactured structures;
FOHDUDQFHOLJKWVDQGUHÁHFWRUVPDUNLQJWKH penalty. (1) A person commits the offense of
overall width as far as practical and visible violating trip permit requirements for manu-
IURPWKHIURQWUHDUDQGVLGHVDQGDWDLOOLJKW factured structures if the person does any of
(c) An image display device may not be WKHIROORZLQJ
operated in an implement of husbandry at (a) Moves a manufactured structure on a
any time while the implement of husbandry highway of this state without a trip permit for
LVEHLQJRSHUDWHGRQDKLJKZD\$VXVHGLQ WKHPRYHPHQW7KLVSDUDJUDSKGRHVQRWDSSO\
WKLVSDUDJUDSK´LPDJHGLVSOD\GHYLFHµKDVWKH to movements of manufactured structures by
PHDQLQJJLYHQWKDWWHUPLQ256 vehicle transporters as permitted under ORS
(d) Such vehicle must display, when driven, a 
slow-moving vehicle emblem described in ORS (b) Fails to prominently display a trip permit
 on the rear of a manufactured structure being
(2) The offense described in this section, moved when a trip permit is required for the
unlawful operation of an implement of hus- PRYH
EDQGU\LVD&ODVV'WUDIÀFYLRODWLRQ> (c) Moves a manufactured structure when
F†F†F† a trip permit is required without completing
F†F†@ WKHSHUPLWSULRUWRWKHPRYHPHQW
820.500>F†F† (2) The offense described under this sec-
 F †  F †  F tion, violating trip permit requirements for
†NF†F† PDQXIDFWXUHGVWUXFWXUHVLVD&ODVV%WUDIÀF
F †  F †  F † YLRODWLRQ>F†F†
UHSHDOHGE\F†@ F†F†@
820.510>F†F† 820.580>F†F†
F†F†F† UHSHDOHGE\F†@
UHSHDOHGE\F†@
820.585>F†UHSHDOHGE\
F†@
MANUFACTURED STRUCTURES
820.587>F†UHSHDOHGE\
820.520 Travel or special use trailer F†@
assessed as manufactured structure;
effect of ceasing to be used as perma- 820.589>F†UHSHDOHGE\
nent home. When a travel trailer or special F†@
use trailer ceases to be assessed under the ad 820.591>F†UHSHDOHGE\
valorem tax laws of this state as a manufac- F†@
WXUHGVWUXFWXUHXQGHU256WKHWUDLOHU
must be registered and licensed as a travel 820.593>F†UHSHDOHGE\
WUDLOHURUVSHFLDOXVHWUDLOHU>F† F†@
F†F†F†
F†@ _______________

820.525 > F †  F †

UHSHDOHGE\F†@

Page 397 (2015 Edition)

OREGON VEHICLE CODE

Page 398 (2015 Edition)

 2))52$'612:02%,/(6$//7(55$,19(+,&/(6

Chapter 821

(',7,21
OFF-ROAD, SNOWMOBILES, ALL-TERRAIN VEHICLES

OFF-ROAD VEHICLES 821.172 Operation of Class III all-terrain

vehicle without driving privileges;
821.010 Exemptions from equipment require- exemptions; penalty
ments for off-road vehicles
821.174 Prohibition on operating Class I,
821.020 Applicability of off-road vehicle Class III or Class IV all-terrain
exemption from general equipment vehicle while driving privileges
requirements suspended
821.030 Equipment standards for off-road 821.176 Operation of Class IV all-terrain
vehicles vehicle without driving privileges;
821.040 Operation of off-road vehicle without exemptions; penalty
required equipment; penalty
(Offenses)
SNOWMOBILES AND ALL- 821.190 Unlawful operation of snowmobile or
TERRAIN VEHICLES all-terrain vehicle on highway or rail-
road; civil liability; penalty
(Generally) 821.191 Operation of Class I, Class II or Class
IV all-terrain vehicle on highway;
821.050 Limits on authority of local gov- unlawful operation of Class I, Class
ernments; disposition of fees for II or Class IV all-terrain vehicle used
snowmobiles for agricultural purposes; penalty
821.055 Operation of all-terrain vehicles on 821.192 Operating all-terrain vehicle in viola-
certain highways tion of posted restrictions
821.195 Operation of all-terrain vehicle with-
(Title for Snowmobiles) out permit and decal; exemptions;
penalty
821.060 Issuance; application; rules; fees
821.200 Exemptions from general prohibition
821.070 Failure to title; exemptions; penalty
on operating on highway or railroad
(Registration for Snowmobiles) 821.202 Failure of Class I, Class II, Class III
or Class IV all-terrain vehicle rider to
 ,VVXDQFHTXDOLÀFDWLRQVGXUDWLRQ wear motorcycle helmet; penalty
FHUWLÀFDWHUXOHV 821.203 Endangering Class I, Class II, Class
821.090 Exemptions from snowmobile regis- III or Class IV all-terrain vehicle
tration requirements operator or passenger; penalty
821.100 Operation of unregistered snowmo- 821.204 Issuance of citation for violation of
bile; penalty ORS 821.202 or 821.203
821.110 Failure to renew snowmobile regis- 821.210 Operating improperly equipped snow-
tration; penalty mobile; civil liability; penalty
821.120 Failure to properly display snowmo- 821.220 Operating improperly equipped
bile registration numbers; penalty all-terrain vehicle; civil liability;
penalty
(Permits) 821.230 Operating all-terrain vehicle without
821.130 Out-of-state snowmobile permit; proper lighting equipment; penalty
TXDOLÀFDWLRQVGXUDWLRQDSSOLFDWLRQ 821.240 Operating snowmobile or all-terrain
fees YHKLFOHZKLOHFDUU\LQJÀUHDUPRU
821.140 Failure to carry out-of-state snowmo- bow; exemptions; penalty
bile permit; penalty 821.250 Permitting dangerous operation of
821.142 Failure to carry out-of-state all-ter- snowmobile or all-terrain vehicle;
rain vehicle permit; penalty civil liability; penalty
821.260 Hunting or harassing animals from
(Driving Privileges) snowmobile or all-terrain vehicle;
civil liability; penalty
821.150 Operation of snowmobile without
821.280 Committing unlawful damage with
driving privileges; civil liability;
snowmobile or Class I, Class II or
penalty
Class IV all-terrain vehicle; civil lia-
821.160 Snowmobile operator permit; issu- bility; penalty
ance; rules for safety education
821.285 Committing unlawful damage with
course
Class III all-terrain vehicle; civil lia-
821.165 Land funded for all-terrain vehicle bility; penalty
use from All-Terrain Vehicle Account
821.290 Dangerous operation of snowmobile
821.170 Operation of Class I all-terrain or all-terrain vehicle; civil liability;
vehicle without driving privileges; penalty
exemptions; penalty
821.291 Endangering Class I all-terrain vehi-
cle operator; exemptions; penalty

Page 399 (2015 Edition)

 OREGON VEHICLE CODE

821.292 Endangering Class III all-terrain (Civil Liability)

vehicle operator; exemptions; penalty
821.310 Treble damages for damage to
821.293 Endangering Class IV all-terrain property
vehicle operator; exemptions; penalty
821.295 Operating Class II, Class III or Class (Fees)
IV all-terrain vehicle in prohibited
snow area; exemptions; penalty 821.320 Snowmobile registration and permit
fees

Page 400 (2015 Edition)

 2))52$'612:02%,/(6$//7(55$,19(+,&/(6
 

OFF-ROAD VEHICLES in subsection (2) of this section and that is not

SRVWHGDVFORVHGWRRIIURDGXVH
821.010 Exemptions from equipment
requirements for off-road vehicles. (1) (2) The exemption applies to each of the fol-
Any motor vehicle designed for or capable of ORZLQJODQGVURDGVDQGSODFHV
cross-country travel on or immediately over  D/DQGVWKDWDUHRSHQWRWKHSXEOLF
land, water, sand, snow, ice, marsh, swampland
or other natural terrain is exempt from the (b) Roads, other than two-lane gravel roads,
sections governing vehicle equipment described WKDWDUHRSHQWRWKHSXEOLF
LQWKLVVHFWLRQLIWKHYHKLFOH (c) Paved parking lots adjacent to or on des-
 D,VRSHUDWHGLQDQDUHDGHVFULEHGXQGHU
256DQG
(b) Complies with the equipment require-
PHQWVXQGHU256
(2) The exemption under this section is an
exemption from the prohibitions under all of
WKHIROORZLQJSDUDJUDSKV †@
(a) Nonstandard lighting equipment under
256
(b) Required lighting equipment under ORS

(c) Prohibited lighting equipment under ORS

(d) Violation of state equipment administra-
WLYHUXOHVXQGHU256
ignated off-road vehicle areas, trails and routes
WKDWDUHRSHQWRWKHSXEOLF
(d) Any local 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
LQ256>F†F
821.030 Equipment standards for off-
road vehicles. For purposes of the equipment
requirements for off-road vehicles under ORS
WKHIROORZLQJDJHQFLHVPD\HVWDEOLVK
the described equipment requirements for
YHKLFOHV
(1) The Director of Transportation may
DGRSWUXOHVWRGRWKHIROORZLQJ
 D(VWDEOLVKWKHW\SHRIEUDNHVDQRIIURDG
(e) Slow-moving vehicle emblem require- vehicle must be equipped with to be in compli-
PHQWVXQGHU256 DQFHZLWK256
(f ) Mudguard and fender requirements
XQGHU256
(g) Visible emission limits under ORS

(h) Requirements for window materials
XQGHU256
 E(VWDEOLVKWKHW\SHRIÁDJWKDWPXVWEH
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(c) Require other safety equipment that must
be used by off-road vehicles in order to comply
ZLWK256
(i) Obstruction of windows under ORS

(j) Limits on sound equipment under ORS

(k) Sound equipment requirements under
256
(L) Rearview mirror requirements under
256
(m) Limits on image display device use
XQGHU256
 7KH(QYLURQPHQWDO4XDOLW\&RPPLV-
sion may adopt standards for noise emissions of
PXIÁHUVWKDWDUHUHTXLUHGIRURIIURDGYHKLFOHV
IRUFRPSOLDQFHZLWK256>F
†F†@
821.040 Operation of off-road vehicle
without required equipment; penalty. (1)
A person commits the offense of operation of
an off-road vehicle without required equipment
if the person is operating a vehicle described
LQ256LQDQDUHDGHVFULEHGLQ256
DQGWKHYHKLFOHLVQRWHTXLSSHGLQFRP-
 Q([KDXVWV\VWHPUHTXLUHPHQWVXQGHU
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(o) Speedometer requirements under ORS

(p) Disposal system requirements under
256
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(a) The vehicle must be equipped with a
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(b) The vehicle must be equipped with
brakes that meet the requirements established
 T+HOPHWUHTXLUHPHQWVXQGHU256
WR>F†F†
F†@
821.020 Applicability of off-road vehi-
cle exemption from general equipment
requirements. (1) This section establishes
the areas where the exemption from equipment
requirements for off-road vehicles described
XQGHU256LVDSSOLFDEOH7KHH[HPS-
tion applies to any land, road or place within
the State of Oregon that meets the description
Page 401
XQGHU256
(c) The vehicle must be equipped with a
windshield wiper if the vehicle is equipped
ZLWKDZLQGVKLHOG
(d) When the vehicle is operated on sand,
WKHYHKLFOHPXVWEHHTXLSSHGZLWKDÁDJWKDW
meets the requirements established under ORS

(e) The vehicle must be equipped with any
VDIHW\HTXLSPHQWUHTXLUHGXQGHU256
(2015 Edition)
 OREGON VEHICLE CODE

(f) At any time from one-half hour after of snowmobiles is administered in the same
sunset to one-half hour after sunrise, the manner and has the same effect as the titling
vehicle must be equipped with and display RIRWKHUYHKLFOHV
KHDGOLJKWVDQGWDLOOLJKWV
(2) Motorcycles and mopeds are not required
by this section to be equipped with windshield
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(3) The offense described in this section,
operation of off-road vehicle without required
HTXLSPHQWLVD&ODVV&WUDIÀFYLRODWLRQ>
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SNOWMOBILES AND ALL-
TERRAIN VEHICLES
 K3URYLVLRQVUHODWLQJWRVDOYDJHWLWOHV
(2) Application for issuance of title for a
snowmobile shall be made in the manner and
LQDIRUPSUHVFULEHGE\WKHGHSDUWPHQW7KH
department may require any information in
the application the department determines
is reasonably necessary to determine own-
HUVKLSRUULJKWWRWLWOHIRUDVQRZPRELOH7KH
department may provide for application for
title separately from or with application for
snowmobile registration or in any way the
GHSDUWPHQWGHWHUPLQHVDSSURSULDWH
(Generally)
821.050 Limits on authority of local
governments; disposition of fees for snow-
mobiles. (1) Limits on the authority of cities,
counties or other political subdivisions of this
state or any state agency are as imposed under
256
(2) Fees collected by the Department of
Transportation in the regulation of snowmo-
ELOHVVKDOOEHXVHGDVSURYLGHGLQ256
DQG>F†F†D
F†F†@
821.055 Operation of all-terrain vehi-
cles on certain highways. Notwithstanding
256RUDQ\ODZUHTXLULQJWKDWYHKL-
FOHVEHHTXLSSHGLQVSHFLÀHGZD\VLQRUGHUWR
RSHUDWHRQKLJKZD\V&ODVV,&ODVV,,&ODVV
,,,DQG&ODVV,9DOOWHUUDLQYHKLFOHVPD\RSHU-
ate on any highway in this state that is open to
the public and is not maintained for passenger
FDUWUDIÀF>F†F†@
(Title for Snowmobiles)
821.060 Issuance; application; rules;
fees. (1) The Department of Transportation
 'HDOHUVLVVXHGFHUWLÀFDWHVXQGHU256
ZKRVHOOVQRZPRELOHVVKDOODFFHSW
application and fees for title of a snowmobile
from each purchaser of a new or used snowmo-
ELOHLQDPDQQHUUHTXLUHGE\WKHGHSDUWPHQW
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†F†F†F
†F†F†F
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821.070 Failure to title; exemptions;
penalty. (1) A person commits the offense of
failure to title a snowmobile if the person is the
owner of a snowmobile that is in this state or
is operating a snowmobile at any place in this
state and the snowmobile has not been issued
DWLWOHDVSURYLGHGXQGHU256
(2) The requirement to title a snowmobile
under this section does not apply if the snow-
PRELOHLVDQ\RIWKHIROORZLQJ
(a) Owned and operated by the United
States, another state or political subdivision
WKHUHRI
(b) Owned and operated by this state or
by any city, district or political subdivision
WKHUHRI
shall provide for the issuance of titles for  F([HPSWHGIURPUHJLVWUDWLRQUHTXLUHPHQWV
snowmobiles required to be titled under ORS E\256
7KHIROORZLQJSURYLVLRQVUHODWLQJWR
titling shall be the same for snowmobiles as (d) A new snowmobile that is in the posses-
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 D)HHIRULVVXDQFH
(b) Provisions relating to transfer, including
security interests and other types of transfer,
fees for transfer, time limits for transfer and
responsibility for making transfer and submit-
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(3) The offense described in this section,
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(Registration for Snowmobiles)
 F,QIRUPDWLRQUHTXLUHGWREHSODFHGRQD
title, except where the department determines
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(d) Party to whom title is issued upon orig-
LQDOLVVXDQFHRUWUDQVIHU
 ,VVXDQFHTXDOLÀFDWLRQVGXUD-
WLRQFHUWLÀFDWHUXOHV(1) The Department
of Transportation shall issue snowmobile reg-
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LVVXDQFHRIUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
 H9DOLGLW\WLPHVDQGUHTXLUHPHQWV (a) The owner must complete the application
in the manner and in a form the department
 I3URYLVLRQVFRQWDLQHGLQ256WR

(g) Any provisions relating to title that are
applicable to other vehicles under the vehicle
code and that the department determines, by
rule, to be necessary to assure that the titling
SUHVFULEHV
(b) The application shall state the name and
address of each owner of the snowmobile to be
UHJLVWHUHG
(c) The application shall contain proof of
WLWOH

Page 402 (2015 Edition)

 2))52$'612:02%,/(6$//7(55$,19(+,&/(6
 

 G7KHIHHHVWDEOLVKHGXQGHU256 (2) A snowmobile owned and operated by

IRUUHJLVWUDWLRQRIDVQRZPRELOHPXVWEHSDLG this state or by any city, district or political
 'HDOHUVLVVXHGFHUWLÀFDWHVXQGHU256
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application and fees for registration from each
purchaser of a new or used snowmobile that
LVUHTXLUHGWREHUHJLVWHUHGLQWKLVVWDWH7KH
VXEGLYLVLRQWKHUHRI
(3) A snowmobile owned by a resident of
another state if registered in accordance with
WKHODZVRIWKHVWDWHLQZKLFKLWVRZQHUUHVLGHV
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department shall adopt rules for the implemen-  D,VRQO\JUDQWHGWRWKHH[WHQWWKDWDVLP-
WDWLRQRIWKLVVXEVHFWLRQ ilar exemption or privilege is granted under
(3) The department shall not issue any regis- the laws of the other state for snowmobiles
tration for a snowmobile unless the snowmobile UHJLVWHUHGLQWKLVVWDWH
has been issued a title in compliance with ORS
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(4) Snowmobile registration and renewal of
registration are valid for a period of two years
DIWHUZKLFKWLPHWKHUHJLVWUDWLRQH[SLUHV
 E,VRQO\JUDQWHGIRUDSHULRGRIXSWR
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not qualify for the exemption under this sub-
section because of this paragraph is subject to
UHJLVWUDWLRQ
 8SRQTXDOLÀFDWLRQIRUUHJLVWUDWLRQWKH (4) A snowmobile operated under an out-of-
GHSDUWPHQWVKDOOGRWKHIROORZLQJ VWDWHSHUPLWLVVXHGXQGHU256
 D5HJLVWHUWKHVQRZPRELOH (5) A snowmobile operated under dealer
(b) Assign a registration number to the SODWHVDVGHVFULEHGLQ256
VQRZPRELOH7KHUHJLVWUDWLRQQXPEHUDVVLJQHG
at the time of original registration shall remain
with that vehicle until the vehicle is destroyed,
abandoned or permanently removed from this
state, or until changed or terminated by the
GHSDUWPHQW
 $VQRZPRELOHXVHGH[FOXVLYHO\LQIDUP-
ing, agricultural or forestry operations or
used by persons licensed under ORS chapter
571 exclusively for nursery or Christmas tree
JURZLQJRSHUDWLRQV>F†
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 F,VVXHDQGGHOLYHUWRWKHUHJLVWHUHGRZQHU
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(d) At the time of original registration and
at the time of each subsequent renewal thereof,
issue to the registrant a date tag or tags indi-
cating the validity of the current registration
F†F†F†
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821.100 Operation of unregistered
snowmobile; penalty. (1) A person commits
the offense of operation of an unregistered
snowmobile if the person operates a snowmo-
ELOHWKDWLVQRWUHJLVWHUHGXQGHU256
DQGWKHH[SLUDWLRQGDWHWKHUHRI  ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
 $VQRZPRELOHUHJLVWUDWLRQLVQRWYDOLG
unless a validating tag and current registra-
WLRQFHUWLÀFDWHKDYHEHHQLVVXHG
(7) The department shall provide proce-
dures necessary for renewal of snowmobile
registration consistent with this section and
256DQG
(8) The department may adopt rules speci-
fying additional requirements and procedures
IRUUHJLVWUDWLRQRIVQRZPRELOHV5HTXLUHPHQWV
and procedures adopted under this subsection
shall be designed to assure that except as
otherwise provided in this chapter, the regis-
tration of snowmobiles is administered in the
same manner and has the same effect as the
UHJLVWUDWLRQRIYHKLFOHVXQGHU256FKDSWHU
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821.090 Exemptions from snowmobile
registration requirements. This section
establishes exemptions from the requirements
WRUHJLVWHUVQRZPRELOHVXQGHU256
The following are exempt from the registration
requirements, either partially or completely as
GHVFULEHG numbers if the person is the owner or operator
(1) A snowmobile owned and operated by
the United States, another state or a political
VXEGLYLVLRQWKHUHRI
Page 403
OLVKHGXQGHU256
(3) The offense described in this section,
operation of an unregistered snowmobile, is
D&ODVV'WUDIÀFYLRODWLRQ>F†
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821.110 Failure to renew snowmobile
registration; penalty. (1) A person commits
the offense of failure to renew snowmobile
registration if the person is the owner of a
snowmobile in this state and the person does
not renew registration for the snowmobile in
the manner the Department of Transporta-
tion prescribes when the registration expires
DVSURYLGHGXQGHU256DQGSD\WKH
required fee for renewal of registration estab-
OLVKHGXQGHU256
(2) The offense described in this section,
failure to renew snowmobile registration, is a
&ODVV'WUDIÀFYLRODWLRQ>F†
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821.120 Failure to properly display
snowmobile registration numbers; pen-
alty. (1) A person commits the offense of failure
to properly display snowmobile registration
of a snowmobile and the registration numbers
issued by the Department of Transportation for
the vehicle are not displayed on the vehicle or
(2015 Edition)
 OREGON VEHICLE CODE
are displayed in a manner that violates any of
WKHIROORZLQJ WKHVQRZPRELOHLQWKLVVWDWH
(a) The registration numbers must be per-
PDQHQWO\DIÀ[HG
(b) The registration numbers must be dis-
SOD\HGLQDFOHDUO\YLVLEOHPDQQHU
(c) The registration number must be dis-
played upon the snowmobile in a manner
SUHVFULEHGE\WKHGHSDUWPHQW
(d) The numbers displayed shall be in the
form of painted numbers or decals and shall be
of contrasting color with the surface on which
WKH\DUHDSSOLHG
(e) The registration numbers shall be main-
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(f) Any validating date tag or tags issued
E\WKHGHSDUWPHQWXQGHU256VKDOO
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(2) The offense described in this section, fail-
ure to properly display snowmobile registration
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(Permits)
821.130 Out- of-state snowmobile
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snowmobile at all times during operation of
(2) The offense described in this section,
failure to carry an out-of-state snowmobile
SHUPLWLVD&ODVV'WUDIÀFYLRODWLRQ>
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821.142 Failure to carry out-of-state
all-terrain vehicle permit; penalty. (1) A
person commits the offense of failure to carry
an out-of-state all-terrain vehicle permit if
an out-of-state permit is issued for the vehi-
FOHXQGHU256DQGWKHSHUPLWLVQRW
carried on the all-terrain vehicle at all times
during operation of the all-terrain vehicle in
WKLVVWDWH
(2) The offense described in this section,
failure to carry an out-of-state all-terrain vehi-
FOHSHUPLWLVD&ODVV'WUDIÀFYLRODWLRQ>
F†@
821.145 >)RUPHUO\  UHSHDOHG E\
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(Driving Privileges)
821.150 Operation of snowmobile with-
out driving privileges; civil liability;
penalty. (1) A person commits the offense
of operation of a snowmobile without driving
privileges if the person operates a snowmobile
without one of the following having been issued
to the person and on the person at the time the
SHUVRQLVRSHUDWLQJWKHVQRZPRELOH
cation; fees. (1) An out-of-state snowmobile
permit is a vehicle permit that is issued as
evidence of a grant of authority to operate in
WKLVVWDWHDVQRZPRELOHWKDWLV
(a) Owned by a resident of another state;
(b) Not registered in this state or in the
other state; and
 D$GULYHUOLFHQVH
(b) A snowmobile operator permit issued
XQGHU256
(2) This section does not apply to a person
who is operating a snowmobile while taking a
course from an instructor to obtain a snowmo-
ELOHRSHUDWRU·VSHUPLWXQGHU256
 F([HPSWIURPUHJLVWUDWLRQXQGHU256

(2) The Department of Transportation shall
establish a program for the issuance of out-of-
VWDWHVQRZPRELOHSHUPLWVXQGHUWKLVVHFWLRQ
The program established by the department
VKDOOFRPSO\ZLWKDOORIWKHIROORZLQJ OHJHVLVD&ODVV'WUDIÀFYLRODWLRQ>F
(a) A permit may only be issued for snow-
mobiles owned by the resident of another state
ZKHUHUHJLVWUDWLRQLVQRWUHTXLUHGE\ODZ
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\
this section, the operator or owner of a snow-
mobile may be liable as provided under ORS

(4) The offense described in this section,
operation of snowmobile without driving privi-
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821.160 Snowmobile operator permit;
issuance; rules for safety education
 E$SHUPLWLVYDOLGIRUQRWPRUHWKDQ
GD\V
(c) Application for a permit shall state the
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(d) The fees for issuance of the permit are
DVSURYLGHGXQGHU256>F
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821.140 Failure to carry out-of-state
snowmobile permit; penalty. (1) A person
commits the offense of failure to carry an out-
of-state snowmobile permit if an out-of-state
permit is issued for the vehicle under ORS
DQGWKHSHUPLWLVQRWFDUULHGRQWKH
Page 404
course. (1) A snowmobile operator permit
authorizes a person who does not have a driver
license to operate a snowmobile without viola-
WLRQRI256
(2) The Department of Transportation shall
issue or provide for issuance of a snowmobile
operator permit to any person who has taken
a snowmobile safety education course estab-
lished under this section and has been found
TXDOLÀHGWRRSHUDWHDVQRZPRELOH
(3) The department shall adopt rules to pro-
vide for snowmobile safety education courses
and the issuance of snowmobile operator per-
PLWVFRQVLVWHQWZLWKWKLVVHFWLRQ7KHUXOHV
(2015 Edition)
 2))52$'612:02%,/(6$//7(55$,19(+,&/(6
 

adopted by the department shall be consistent
ZLWKWKHIROORZLQJ WKHRZQHURIWKHYHKLFOH
(a) The course must be one given by an
instructor designated by the department as
TXDOLÀHGWRFRQGXFWVXFKDFRXUVHDQGLVVXH
VXFKDSHUPLW
(b) The rules shall provide for the designa-
WLRQRILQVWUXFWRUVDQGLVVXDQFHRISHUPLWV
(c) The department may provide by rule for
instructors to be provided and permits issued
(b) Being used on land owned or leased by
(4) The offense described in this section,
RSHUDWLRQRI&ODVV,DOOWHUUDLQYHKLFOHZLWKRXW
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821.172 Operation of Class III all-ter-
rain vehicle without driving privileges;
through public or private local and state orga-
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WKHGHSDUWPHQW2UJDQL]DWLRQVGHVLJQDWHGE\
the department may include organizations such
DVWKH2UHJRQ6WDWH6QRZPRELOH$VVRFLDWLRQ
(4) Persons who are operating a snowmobile
while taking a course from an instructor are
H[HPSWIURP256DVSURYLGHGLQWKDW
exemptions; penalty. $SHUVRQ\HDUV
of age or older commits the offense of operation
RID&ODVV,,,DOOWHUUDLQYHKLFOHZLWKRXWGULY-
ing privileges if the person operates a Class
,,,DOOWHUUDLQYHKLFOHRQSXEOLFODQGVDQGWKH
SHUVRQGRHVQRWKROGDYDOLG&ODVV,,,DOOWHU-
rain vehicle operator permit issued under ORS

VHFWLRQ>F†F†@
821.165 Land funded for all-terrain
vehicle use from All-Terrain Vehicle
Account. $VXVHGLQ256
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 ´SXEOLF ODQGVµ LQFOXGHV SULYDWHO\
owned land that is open to the general public
for the use of all-terrain vehicles as the result
of funding from the All-Terrain Vehicle
$FFRXQWXQGHU256>F†
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821.170 Operation of Class I all-ter-
 $FKLOGXQGHU\HDUVRIDJHFRPPLWV
WKHRIIHQVHRIRSHUDWLRQRID&ODVV,,,DOOWHU-
rain vehicle without driving privileges if the
FKLOGRSHUDWHVD&ODVV,,,DOOWHUUDLQYHKLFOH
on public lands and the child does not meet
DOOWKHIROORZLQJFRQGLWLRQV
(a) The child must be accompanied by a
person who is at least 18 years of age, holds a
valid all-terrain vehicle operator permit issued
XQGHU256RUDQG
is able to provide immediate assistance and
GLUHFWLRQWRWKHFKLOG
rain vehicle without driving privileges;  E7KHFKLOGPXVWKROGDYDOLG&ODVV,,,
exemptions; penalty. $SHUVRQ\HDUV
of age or older commits the offense of operation
RID&ODVV,DOOWHUUDLQYHKLFOHZLWKRXWGULY-
ing privileges if the person operates a Class
,DOOWHUUDLQYHKLFOHRQSXEOLFODQGVDQGWKH
SHUVRQGRHVQRWKROGDYDOLG&ODVV,DOOWHU-
rain vehicle operator permit issued under ORS

all-terrain vehicle operator permit issued
XQGHU256
(3) A child under seven years of age may not
RSHUDWHD&ODVV,,,DOOWHUUDLQYHKLFOHRQSXEOLF
ODQGV
(4) This section does not apply if the all-ter-
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(a) Used exclusively in farming, agricul-
 $FKLOGXQGHU\HDUVRIDJHFRPPLWV
WKHRIIHQVHRIRSHUDWLRQRID&ODVV,DOOWHUUDLQ
vehicle without driving privileges if the child
RSHUDWHVD&ODVV,DOOWHUUDLQYHKLFOHRQSXEOLF
lands and the child does not meet all the fol-
ORZLQJFRQGLWLRQV (b) Being used on land owned or leased by
(a) The child must be accompanied by a
person who is at least 18 years of age, holds a
valid all-terrain vehicle operator permit issued
XQGHU256RUDQG
is able to provide immediate assistance and
GLUHFWLRQWRWKHFKLOG
tural or forestry operations or used by persons
licensed under ORS chapter 571 exclusively for
nursery or Christmas tree growing operations;
and
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(5) The offense described in this section,
RSHUDWLRQRID&ODVV,,,DOOWHUUDLQYHKLFOH
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 E 7KH FKLOG PXVW KROG D YDOLG &ODVV , 821.174 Prohibition on operating Class
all-terrain vehicle operator permit issued I, Class III or Class IV all-terrain vehi-
XQGHU256 cle while driving privileges suspended.
Notwithstanding any other provision of law, a
 F7KHFKLOGPXVWPHHWULGHUÀWJXLGHOLQHV
established by the State Parks and Recreation
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(3) This section does not apply if the all-ter-
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(a) Used exclusively in farming, agricul-
tural or forestry operations or used by persons
licensed under ORS chapter 571 exclusively for
nursery or Christmas tree growing operations;
and
SHUVRQPD\QRWRSHUDWHD&ODVV,&ODVV,,,RU
&ODVV,9DOOWHUUDLQYHKLFOHZKLOHWKHSHUVRQ·V
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A person who violates this section is in viola-
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NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 821 by legislative action but
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See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ

Page 405 (2015 Edition)

 OREGON VEHICLE CODE

821.175>F†F† on or across any portion of a highway right of

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LQ@  E2QRUDFURVVDUDLOURDGULJKWRIZD\
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rain vehicle without driving privileges;
exemptions; penalty. (1) A person commits  D6QRZPRELOHV
WKHRIIHQVHRIRSHUDWLRQRID&ODVV,9DOOWHU-  E&ODVV,DOOWHUUDLQYHKLFOHV
rain vehicle without driving privileges if the
SHUVRQRSHUDWHVD&ODVV,9DOOWHUUDLQYHKLFOH  F&ODVV,,DOOWHUUDLQYHKLFOHVWKDWDUHQRW
on public lands and the person does not hold a SURSHUO\HTXLSSHGIRURSHUDWLRQRQDKLJKZD\
YDOLGGULYHUOLFHQVHLVVXHGXQGHU256  G&ODVV,,,DOOWHUUDLQYHKLFOHV
(2) This section does not apply to a child  H&ODVV,9DOOWHUUDLQYHKLFOHV
XQGHUWKHDJHRILI
 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
(a) The child’s age complies with the man- OLVKHGXQGHU256
ufacturer’s minimum age recommendation as
evidenced by the manufacturer’s warning label
DIÀ[HGWRWKHYHKLFOH section, the operator or owner of a snowmo-
(b) The child is accompanied by a person
who is at least 18 years of age, who holds a
valid all-terrain vehicle operator permit issued
XQGHU256RUDQG
who is able to provide immediate assistance
and direction to the child; and
 ,QDGGLWLRQWRSHQDOWLHVSURYLGHGE\WKLV
ELOHRU&ODVV,&ODVV,,&ODVV,,,RU&ODVV,9
all-terrain vehicle may be liable as provided
XQGHU256
(5) The offense described in this section,
unlawful operation of an off-road vehicle on a
KLJKZD\RUUDLOURDGLVD&ODVV%WUDIÀFYLROD-
WLRQ>F†F†HQDFWHGLQ
 F7KHFKLOGKROGVD&ODVV,9DOOWHUUDLQ OLHXRIF††F
vehicle operator permit issued under ORS †F†F†F
 †@
 7KLVVHFWLRQGRHVQRWDSSO\LI 821.191 Operation of Class I, Class II
(a) The vehicle is used exclusively in farm-
ing, agricultural or forestry operations or used
by persons licensed under ORS chapter 571
exclusively for nursery or Christmas tree grow-
ing operations; or
(b) The vehicle is being used on land owned
RUOHDVHGE\WKHRZQHURIWKHYHKLFOH
(4) The offense described in this section,
RSHUDWLRQ RI D &ODVV ,9 DOOWHUUDLQ YHKLFOH
ZLWKRXWGULYLQJSULYLOHJHVLVD&ODVV&WUDIÀF
YLRODWLRQ>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 821 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
821.180>F†UHSHDOHGE\
F†@
821.182>F†UHSHDOHGE\
F†@
821.185>F††F†
F†F†UHQXPEHUHG
LQ@
(Offenses)
821.190 Unlawful operation of snow-
mobile or all-terrain vehicle on highway
or railroad; civil liability; penalty. (1)
A person commits the offense of unlawful
operation of an off-road vehicle on a highway
or railroad if the person operates a vehicle
or Class IV all-terrain vehicle on high-
way; unlawful operation of Class I, Class
II or Class IV all-terrain vehicle used
for agricultural purposes; penalty. (1)
Notwithstanding any other provision of law,
DSHUVRQPD\RSHUDWHD&ODVV,&ODVV,,RU
&ODVV,9DOOWHUUDLQYHKLFOHWKDWLVQRWRWK-
erwise properly equipped for operation on a
KLJKZD\RQWKHKLJKZD\VRIWKLVVWDWHLI
(a) The person is using the all-terrain vehi-
cle for transportation between ranching or
IDUPLQJKHDGTXDUWHUVDJULFXOWXUDOÀHOGVRU
pastures;
(b) The person holds a valid driver license;
(c) The person complies with posted speed
limits, but in no event exceeds a speed of 20
miles per hour;
(d) The person operates the all-terrain vehi-
cle as closely as is practicable to the right-hand
edge of the highway, including shoulders, if
any;
(e) The all-terrain vehicle is equipped with
a lighted headlight and taillight; and
(f ) The all-terrain vehicle displays a
slow-moving vehicle emblem described under
256
(2) A person commits the offense of unlawful
RSHUDWLRQRID&ODVV,&ODVV,,RU&ODVV,9
all-terrain vehicle used for agricultural pur-
SRVHVLIWKHSHUVRQRSHUDWHVD&ODVV,&ODVV,,
RU&ODVV,9DOOWHUUDLQYHKLFOHRQDKLJKZD\LQ
described in subsection (2) of this section in YLRODWLRQRIVXEVHFWLRQRIWKLVVHFWLRQ
DQ\RIWKHIROORZLQJGHVFULEHGDUHDV (3) The offense described in subsection (2)
(a) On or across the paved portion, the shoul- of this section, unlawful operation of a Class
der, inside bank or slope of any highway, on or ,&ODVV,,RU&ODVV,9DOOWHUUDLQYHKLFOHXVHG
across the median of any divided highway or IRUDJULFXOWXUDOSXUSRVHVLVD&ODVV'WUDIÀF

3DJH (2015 Edition)

 2))52$'612:02%,/(6$//7(55$,19(+,&/(6
YLRODWLRQ>F††F†
F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 821 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
821.192 Operating all-terrain vehicle
in violation of posted restrictions. (1)
A person commits the offense of operating
an all-terrain vehicle in violation of posted
restrictions if the person operates an all-ter-
rain vehicle on public lands at a time when the
lands are closed to all-terrain vehicles or oper-
ation of the vehicles is otherwise restricted,
and notice of the restrictions has been posted
by an agency with jurisdiction to impose the
UHVWULFWLRQV
(2) The offense described in this section,
operating an all-terrain vehicle in violation of
SRVWHGUHVWULFWLRQVLVD&ODVV%WUDIÀFYLROD-
WLRQ>F†@
 
snowmobile or all-terrain vehicle if the person
FRPSOLHVZLWKDOORIWKHIROORZLQJ
(a) The crossing must be made at an angle
of approximately 90 degrees to the direction
RIWKHKLJKZD\RUUDLOURDGULJKWRIZD\
(b) The crossing must be made at a place
where no obstruction prevents a quick and safe
FURVVLQJ
(c) The vehicle must be brought to a complete
stop before entering the highway or railroad
ULJKWRIZD\
(d) The operator of the vehicle must yield
the right of way to vehicles using the highway
RUHTXLSPHQWXVLQJWKHUDLOURDGWUDFNV
(e) The crossing of a railroad right of way
must be made at an established public railroad
FURVVLQJ
(f) The crossing of a highway must be made
at a place that is more than 100 feet from any
KLJKZD\LQWHUVHFWLRQ
821.195 Operation of all-terrain vehicle
without permit and decal; exemptions;
penalty. (1) A person commits the offense
of operating an all-terrain vehicle without a
permit and a decal if the person operates an
all-terrain vehicle without a permit and a decal
in an area or on a trail designated by the appro-
priate authority as open to all-terrain vehicles
RQO\LIWKH\KDYHSHUPLWVDQGGHFDOV
 J,IWKHRSHUDWRURIDVQRZPRELOHLVXQGHU
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
RSHUDWRU
(2) A snowmobile or all-terrain vehicle may
be lawfully operated upon a highway under
DQ\RIWKHIROORZLQJFLUFXPVWDQFHV
 7KLVVHFWLRQGRHVQRWDSSO\WR (a) Where the highway is completely covered
(a) An all-terrain vehicle owned and oper-
ated by a resident of another state if the other
state grants a similar exemption for all-terrain
vehicles owned and operated by residents of
Oregon and if the vehicle has not been operated
LQWKLVVWDWHIRUPRUHWKDQFRQVHFXWLYHGD\V
or
(b) An all-terrain vehicle owned and oper-
ated by the United States, this state or any
with snow or ice and has been closed to motor
YHKLFOHWUDIÀFGXULQJZLQWHUPRQWKV
(b) For purposes of loading or unloading
when such operation is performed with safety
and without causing a hazard to vehicular
WUDIÀFDSSURDFKLQJIURPHLWKHUGLUHFWLRQRQ
WKHKLJKZD\
(c) Where the highway is posted to permit
VQRZPRELOHVRUDOOWHUUDLQYHKLFOHV
other state or any political subdivision of the
8QLWHG6WDWHVRURIDVWDWH
(3) The offense described in this section,
operating an all-terrain vehicle without a
SHUPLWDQGDGHFDOLVD&ODVV&WUDIÀFYLROD-
WLRQ>)RUPHUO\F†@
 G,QDQHPHUJHQF\GXULQJWKHSHULRGRI
time when and at locations where snow upon
the highway renders travel by automobile
LPSUDFWLFDO
(e) When traveling along a designated snow-
PRELOHRUDOOWHUUDLQYHKLFOHWUDLO
 1RWHZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 821 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
821.200 Exemptions from general
 ,WVKDOOEHODZIXOWRRSHUDWHDVQRZPRELOH
or all-terrain vehicle upon a railroad right of
ZD\XQGHUDQ\RIWKHIROORZLQJFLUFXPVWDQFHV
(a) Where the right of way is posted to permit
WKHRSHUDWLRQ
prohibition on operating on highway or
railroad. This section establishes exemptions
from the limitations placed on the use of snow-
mobiles and all-terrain vehicles under ORS
7KHSURKLELWLRQVDQGSHQDOWLHVXQGHU
256GRQRWDSSO\ZKHQDVQRZPRELOH
RUDOOWHUUDLQYHKLFOHWKDWTXDOLÀHVIRUWKH
exemption from equipment requirements under
256LVEHLQJRSHUDWHGDVGHVFULEHG
XQGHUDQ\RIWKHIROORZLQJ III or Class IV all-terrain vehicle rider
(1) A person may lawfully cross a highway
or railroad right of way while operating a
 E,QDQHPHUJHQF\
(c) When the snowmobile or all-terrain
YHKLFOHLVRSHUDWHGE\DQRIÀFHURUHPSOR\HH
RUDXWKRUL]HGFRQWUDFWRURUDJHQWRIDUDLOURDG
>F†F†F†
F†F†F†
F†@
821.202 Failure of Class I, Class II, Class
to wear motorcycle helmet; penalty. (1) A
person commits the offense of failure of a Class
,&ODVV,,&ODVV,,,RU&ODVV,9DOOWHUUDLQ

Page 407 (2015 Edition)

 OREGON VEHICLE CODE

vehicle operator or passenger to wear a motor- 821.204 Issuance of citation for viola-
cycle helmet if the person is under 18 years tion of ORS 821.202 or 821.203. ,IDFKLOG
RIDJHRSHUDWHVRUULGHVRQD&ODVV,&ODVV ZKRLVLQYLRODWLRQRI256LV\HDUV
,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHRQ of age or younger, any citation issued shall be
premises open to the public and is not wearing issued to the parent, legal guardian or person
DPRWRUF\FOHKHOPHWZLWKDIDVWHQHGFKLQVWUDS with legal responsibility for the safety and wel-
(2) The requirement to wear a motorcycle IDUHRIWKHFKLOGIRUYLRODWLRQRI256
helmet with a fastened chin strap does not rather than to the child for violation of ORS
DSSO\LIWKHDOOWHUUDLQYHKLFOHLV 
(a) Used exclusively in farming, agricul-
tural or forestry operations or used by persons
licensed under ORS chapter 571 exclusively for
QXUVHU\RU&KULVWPDVWUHHJURZLQJRSHUDWLRQV
(b) Being used on land owned or leased by
WKHRZQHURIWKHYHKLFOH
 ,IDFKLOGZKRLVLQYLRODWLRQRI256
LVDWOHDVW\HDUVRIDJHDQGLVXQGHU
18 years of age, a citation may be issued to the
FKLOGIRUYLRODWLRQRI256RUWRWKH
parent, legal guardian or person with legal
responsibility for the safety and welfare of the
FKLOGIRUYLRODWLRQRI256EXWQRWWR
 F$&ODVV,,DOOWHUUDLQYHKLFOHUHJLVWHUHG
XQGHU256DQGKDVDURRIRUUROOEDU
(3) The offense described in this section,
IDLOXUHRID&ODVV,&ODVV,,&ODVV,,,RU&ODVV
,9DOOWHUUDLQYHKLFOHRSHUDWRURUSDVVHQJHUWR
ZHDUDPRWRUF\FOHKHOPHWLVD&ODVV'WUDIÀF
YLRODWLRQ>F††F†D
ERWK>F†@
821.210 Operating improperly equipped
snowmobile; civil liability; penalty. (1) A
person commits the offense of operating an
improperly equipped snowmobile if the person
operates any snowmobile without all of the fol-
ORZLQJHTXLSPHQW
F†F†@  D$OLJKWHGKHDGOLJKWDQGWDLOOLJKW
821.203 Endangering Class I, Class (b) An adequate braking device that may be
II, Class III or Class IV all-terrain vehi- RSHUDWHGHLWKHUE\KDQGRUIRRW
cle operator or passenger; penalty. (1) A
person commits the offense of endangering a  F $Q DGHTXDWH DQG RSHUDWLQJ PXIÁLQJ
&ODVV,&ODVV,,&ODVV,,,RU&ODVV,9DOOWHU- device that shall effectively blend the exhaust
UDLQYHKLFOHRSHUDWRURUSDVVHQJHULI and motor noise in such a manner so as to
preclude excessive or unusual noise and, on
 D7KHSHUVRQLVRSHUDWLQJD&ODVV,&ODVV
,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHRQ
premises open to the public and the person
FDUULHVDQRWKHUSHUVRQRQWKH&ODVV,&ODVV
,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHZKR
is under 18 years of age and is not wearing a
motorcycle helmet with a fastened chin strap;
or
(b) The person is the parent, legal guard-
ian or person with legal responsibility for the
safety and welfare of a child under 18 years of
age and the child operates or rides on a Class
,&ODVV,,&ODVV,,,RU&ODVV,9DOOWHUUDLQ
snowmobiles manufactured after January 4,
1973, that shall effectively maintain such noise
DWDOHYHORIGHFLEHOVRUEHORZRQWKH´$µVFDOH
DWIHHW
(2) The Department of State Police shall
establish procedures for testing of noise levels
FRQVLVWHQWZLWKWKLVVHFWLRQ
(3) Snowmobiles used in organized racing
events in an area designated for that purpose
may use a bypass or cutout device without vio-
ODWLRQRIWKHUHTXLUHPHQWVIRUPXIÁLQJGHYLFHV
DQGIRUQRLVHOHYHOVXQGHUWKLVVHFWLRQ
vehicle on premises open to the public without
wearing a motorcycle helmet with a fastened
FKLQVWUDS
(2) The requirement to wear a motorcycle
helmet with a fastened chin strap does not
DSSO\LIWKHDOOWHUUDLQYHKLFOHLV improperly equipped snowmobile, is a Class D
(a) Used exclusively in farming, agricul-
tural or forestry operations or used by persons
licensed under ORS chapter 571 exclusively for
QXUVHU\RU&KULVWPDVWUHHJURZLQJRSHUDWLRQV
(b) Being used on land owned or leased by
WKHRZQHURIWKHYHKLFOH
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\
this section, the owner or operator of a snow-
mobile may be liable as provided under ORS

(5) The offense described in this section,
WUDIÀFYLRODWLRQ>F†F
†F†@
821.220 Operating improperly equipped
all-terrain vehicle; civil liability; penalty.
(1) A person commits the offense of operating
an improperly equipped all-terrain vehicle if
the person operates any all-terrain vehicle
 F$&ODVV,,DOOWHUUDLQYHKLFOHUHJLVWHUHG
XQGHU256DQGKDVDURRIRUUROOEDU
(3) The offense described in this section,
HQGDQJHULQJD&ODVV,&ODVV,,&ODVV,,,RU
ZLWKRXWWKHIROORZLQJHTXLSPHQW
(a) An adequate braking device that may be
RSHUDWHGHLWKHUE\KDQGRUIRRW
&ODVV,9DOOWHUUDLQYHKLFOHRSHUDWRURUSDVVHQ-
JHULVD&ODVV'WUDIÀFYLRODWLRQ>F
††F†EF†
F†@
 E$QDGHTXDWHDQGRSHUDWLQJPXIÁLQJ
device that shall be maintained in good work-
ing order and in constant operation and shall
effectively blend the exhaust and motor noise
in such a manner so as to comply with all appli-
cable noise emission standards established by
WKH'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\

Page 408 (2015 Edition)

 2))52$'612:02%,/(6$//7(55$,19(+,&/(6
 

  7KH 'HSDUWPHQW RI (QYLURQPHQWDO  E,IWKHÀUHDUPLVDPX]]OHORDGLQJÀUH-

Quality shall establish procedures for testing DUPWKDWWKHÀUHDUPLVQRWFDSSHGRUSULPHG
RIQRLVHOHYHOVFRQVLVWHQWZLWKWKLVVHFWLRQ or
(3) All-terrain vehicles used in organized
racing events in an area designated for that
purpose shall comply with the motor sports
vehicles and facilities regulations of the
'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\
 F,IWKHÀUHDUPLVRWKHUWKDQDUHYROYHURU
DPX]]OHORDGLQJÀUHDUPWKDWWKHUHLVQROLYH
FDUWULGJHLQWKHFKDPEHU
(4) The offense described in this section,
operating a snowmobile or an all-terrain
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHG
by this section, the owner or operator of an
all-terrain vehicle may be liable as provided
XQGHU256
(5) The offense described in this section,
operating an improperly equipped all-terrain
YHKLFOHLVD&ODVV&WUDIÀFYLRODWLRQ>
F†F†F†
F†F†@
821.230 Operating all-terrain vehi-
cle without proper lighting equipment;
penalty. (1) A person commits the offense of
operating an all-terrain vehicle without proper
lighting equipment if the person operates an
all-terrain vehicle during times when limited
YHKLFOHZKLOHFDUU\LQJDÀUHDUPRUERZLVD
&ODVV%WUDIÀFYLRODWLRQ>F†
F†F†DF†
F†DF†F†
F†@
821.250 Permitting dangerous opera-
tion of snowmobile or all-terrain vehicle;
civil liability; penalty. (1) A person commits
the offense of permitting dangerous operation
of a snowmobile or an all-terrain vehicle if the
person is the owner or other person having
charge or control of a snowmobile or an
all-terrain vehicle and the person knowingly
authorizes or permits any person to operate
WKHYHKLFOHDFURVVDKLJKZD\ZKRLV
visibility conditions exist and the vehicle is  D,QFDSDEOHE\UHDVRQRIDJHSK\VLFDORU
not equipped with a taillight and a lighted mental disability; or
KHDGOLJKW  E8QGHUWKHLQÁXHQFHRILQWR[LFDWLQJOLTXRU
(2) Nothing in this section requires an LQKDODQWVRUFRQWUROOHGVXEVWDQFHV
all-terrain vehicle to be equipped with a head-
light or taillight if the vehicle is not operated
during times when limited visibility conditions
H[LVW
(3) The offense described in subsection (1)
of this section, operating an all-terrain vehicle
without proper lighting equipment, is a Class C
WUDIÀFYLRODWLRQ>F†DF
†F†F†@
821.240 Operating snowmobile or
DOOWHUUDLQYHKLFOHZKLOHFDUU\LQJÀUHDUP
or bow; exemptions; penalty. (1) A person
commits the offense of operating a snowmo-
bile or an all-terrain vehicle while carrying
DÀUHDUPRUERZLIWKHSHUVRQRSHUDWHVDQ\
VQRZPRELOHRUDOOWHUUDLQYHKLFOHZLWKDÀUH-
arm in the possession of the person, unless the
ÀUHDUPLVXQORDGHGRUZLWKDERZXQOHVVDOO
DUURZVDUHLQDTXLYHU
(2) Subsection (1) of this section does not
DSSO\WR (b) Hunts from a snowmobile or an all-ter-
(a) A person who is licensed under ORS
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\
this section, operators or owners may be liable
DVSURYLGHGXQGHU256
(3) The offense described in this section, per-
mitting dangerous operation of a snowmobile
RUDQDOOWHUUDLQYHKLFOHLVD&ODVV$WUDIÀF
YLRODWLRQ>F†F†
F†F†F†
F†@
821.260 Hunting or harassing animals
from snowmobile or all-terrain vehicle;
civil liability; penalty. (1) A person commits
the offense of hunting or harassing animals
from a snowmobile or an all-terrain vehicle if
WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
(a) Operates a snowmobile or an all-terrain
vehicle in a manner so as to run down, harass,
chase or annoy any game animals or birds or
GRPHVWLFDQLPDOV
UDLQYHKLFOH
 DQG  WR FDUU\ D FRQFHDOHG  7KLVVHFWLRQGRHVQRWDSSO\WR
handgun;  D2IÀFHUVRIWKH6WDWH)LVKDQG:LOGOLIH
 E$ODZHQIRUFHPHQWRIÀFHURU &RPPLVVLRQ
(c) An honorably retired law enforcement (b) Persons under contract to the commission
RIÀFHUXQOHVVWKHSHUVRQZKRLVDUHWLUHGODZ LQWKHSHUIRUPDQFHRIWKHLURIÀFLDOGXWLHV
HQIRUFHPHQWRIÀFHUKDVEHHQFRQYLFWHGRIDQ  F,QGLYLGXDOVZKRKDYHVHFXUHGDSHUPLW
offense that would make the person ineligible from the commission for purposes of research
to obtain a concealed handgun license under DQGVWXG\
256DQG
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHG
  $V XVHG LQ WKLV VHFWLRQ ´XQORDGHGµ by this section, operators or owners of a snow-
PHDQV mobile or an all-terrain vehicle may be liable
 D,IWKHÀUHDUPLVDUHYROYHUWKDWWKHUHLV DVSURYLGHGXQGHU256
no live cartridge in the chamber that is aligned (4) The offense described in this section,
with the hammer of the revolver; hunting or harassing animals from a snow-
mobile or an all-terrain vehicle, is a Class C

Page 409 (2015 Edition)

 OREGON VEHICLE CODE
PLVGHPHDQRU>F†F†
F†F†F†
F†D@
821.270>F†F†
F†UHSHDOHGE\F†@
821.280 Committing unlawful damage
with snowmobile or Class I, Class II or
Class IV all-terrain vehicle; civil liability;
penalty. (1) A person commits the offense of
committing unlawful damage with a snowmo-
ELOHRU&ODVV,&ODVV,,RU&ODVV,9DOOWHUUDLQ
vehicle if the person operates any snowmobile
RU&ODVV,&ODVV,,RU&ODVV,9DOOWHUUDLQYHKL-
cle in any area or in such a manner so as to
expose the underlying soil or vegetation or to
injure, damage or destroy trees or growing
snowmobile or an all-terrain vehicle may be
OLDEOHDVSURYLGHGXQGHU256
(3) The offense described in this section,
dangerous operation of a snowmobile or an
DOOWHUUDLQYHKLFOHLVD&ODVV%WUDIÀFYLROD-
WLRQ>F†F†
F†F†@
821.291 Endangering Class I all-terrain
vehicle operator; exemptions; penalty. (1)
A person commits the offense of endangering
D&ODVV,DOOWHUUDLQYHKLFOHRSHUDWRULIWKH
person is the parent, legal guardian or person
with legal responsibility for the safety and wel-
IDUHRIDFKLOGXQGHU\HDUVRIDJHWKHFKLOG
RSHUDWHVD&ODVV,DOOWHUUDLQYHKLFOHRQSXEOLF
ODQGVDQGWKHFKLOG
FURSV  D'RHVQRWSRVVHVVD&ODVV,DOOWHUUDLQ
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\ vehicle operator permit issued under ORS
this section, the owner or operator of a snowmo- 
ELOHRU&ODVV,&ODVV,,RU&ODVV,9DOOWHUUDLQ
vehicle may be liable as provided under ORS

(3) The offense described in this section,
committing unlawful damage with a snowmo-
ELOHRU&ODVV,&ODVV,,RU&ODVV,9DOOWHUUDLQ
 E,VQRWDFFRPSDQLHGE\DSHUVRQZKRLV
at least 18 years of age, holds a valid all-ter-
rain vehicle operator permit issued under ORS
RUDQGLVDEOHWRSUR-
vide immediate assistance and direction to the
child; or
YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
F†F†F†
F†@
821.285 Committing unlawful damage
with Class III all-terrain vehicle; civil
liability; penalty. (1) A person commits the
offense of committing unlawful damage with
D&ODVV,,,DOOWHUUDLQYHKLFOHLIWKHSHUVRQ
RSHUDWHVDQ\&ODVV,,,DOOWHUUDLQYHKLFOHLQ
any area or in such a manner so as to injure,
GDPDJHRUGHVWUR\WUHHVRUJURZLQJFURSV
 F,VQRWLQFRPSOLDQFHZLWKWKHULGHUÀW
guidelines established by the Parks and Rec-
UHDWLRQ'HSDUWPHQWXQGHU256
(2) This section does not apply if the all-ter-
UDLQYHKLFOHLV
(a) Used exclusively in farming, agricul-
tural or forestry operations or used by persons
licensed under ORS chapter 571 exclusively for
nursery or Christmas tree growing operations;
and
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\
this section, the owner or operator of a Class
,,,DOOWHUUDLQYHKLFOHPD\EHOLDEOHDVSURYLGHG
XQGHU256
(3) The offense described in this section,
FRPPLWWLQJXQODZIXOGDPDJHZLWKD&ODVV,,,
DOOWHUUDLQYHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ
>F†D@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 821 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
821.290 Dangerous operation of
snowmobile or all-terrain vehicle; civil
liability; penalty. (1) A person commits the
(b) Being used on land owned or leased by
WKHRZQHURIWKHYHKLFOH
(3) The offense described in this section,
HQGDQJHULQJD&ODVV,DOOWHUUDLQYHKLFOHRSHU-
DWRULVD&ODVV&WUDIÀFYLRODWLRQ>F
†F†@
821.292 Endangering Class III all-ter-
rain vehicle operator; exemptions;
penalty. (1) A person commits the offense
RIHQGDQJHULQJD&ODVV,,,DOOWHUUDLQYHKL-
cle operator if the person is the parent, legal
guardian or person with legal responsibility for
the safety and welfare of a child at least seven
\HDUVRIDJHEXWXQGHU\HDUVRIDJHWKH
FKLOGRSHUDWHVD&ODVV,,,DOOWHUUDLQYHKLFOH
RQSXEOLFODQGVDQGWKHFKLOG
offense of dangerous operation of a snowmobile  D'RHVQRWSRVVHVVD&ODVV,,,DOOWHUUDLQ
or an all-terrain vehicle if the person does any vehicle operator permit issued under ORS
RIWKHIROORZLQJ RU
(a) Operates a snowmobile or an all-terrain
vehicle at a rate of speed greater than reason-
DEOHDQGSURSHUXQGHUWKHH[LVWLQJFRQGLWLRQV
(b) Operates a snowmobile or an all-terrain
vehicle in a negligent manner so as to endanger
the person or property of another or to cause
LQMXU\RUGDPDJHWRHLWKHU
 E,VQRWDFFRPSDQLHGE\DSHUVRQZKRLV
at least 18 years of age, holds a valid all-ter-
rain vehicle operator permit issued under ORS
RUDQGLVDEOHWRSUR-
vide immediate assistance and direction to the
FKLOG
(2) This section does not apply if the all-ter-
UDLQYHKLFOHLV
 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHG
by this section, the owner or operator of a (a) Used exclusively in farming, agricul-
tural or forestry operations or used by persons

Page 410 (2015 Edition)

 2))52$'612:02%,/(6$//7(55$,19(+,&/(6
licensed under ORS chapter 571 exclusively for
nursery or Christmas tree growing operations;
and
(b) Being used on land owned or leased by
WKHRZQHURIWKHYHKLFOH
(3) The offense described in this section,
HQGDQJHULQJD&ODVV,,,DOOWHUUDLQYHKLFOH
RSHUDWRULVD&ODVV&WUDIÀFYLRODWLRQ>
F†DF†F†
F†@
821.293 Endangering Class IV all-ter-
rain vehicle operator; exemptions;
penalty. (1) A person commits the offense
RIHQGDQJHULQJD&ODVV,9DOOWHUUDLQYHKL-
cle operator if the person is the parent, legal
guardian or person with legal responsibility for
WKHVDIHW\DQGZHOIDUHRIDFKLOGXQGHU\HDUV
RIDJHWKHFKLOGRSHUDWHVD&ODVV,9DOOWHUUDLQ
YHKLFOHRQSXEOLFODQGVDQGWKHFKLOG 821.300>F†F†
 
821.295 Operating Class II, Class III
or Class IV all-terrain vehicle in prohib-
ited snow area; exemptions; penalty. (1) A
person commits the offense of operating a Class
,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHLQ
a prohibited snow area if the person operates
D&ODVV,,&ODVV,,,RU&ODVV,9DOOWHUUDLQ
vehicle on a groomed trail or a designated
snowmobile or cross country ski trail or area
GXULQJDGHVLJQDWHGVQRZXVHSHULRG
(2) This section does not apply to emergency
YHKLFOHVRUWRWUDLOJURRPLQJHTXLSPHQW
(3) The offense described in this section,
RSHUDWLQJD&ODVV,,&ODVV,,,RU&ODVV,9
all-terrain vehicle in a prohibited snow area,
LVD&ODVV'WUDIÀFYLRODWLRQ>F†
F†DF†F
†@
 D'RHVQRWSRVVHVVD&ODVV,9DOOWHUUDLQ F†F†F†
vehicle operator permit issued under ORS UHSHDOHGE\F†@

(Civil Liability)
 E,VQRWDFFRPSDQLHGE\DSHUVRQZKRLV
at least 18 years of age, holds a valid all-ter-
rain vehicle operator permit issued under ORS
RUDQGLVDEOHWRSUR-
vide immediate assistance and direction to the
child;
821.310 Treble damages for damage
to property. The operator or the owner of a
snowmobile or all-terrain vehicle used with
the permission of the owner shall be liable for
three times the amount of any damage to trees,
shrubs, growing crops or other property injured
 F ,V QRW LQ FRPSOLDQFH ZLWK WKH PDQX- as the result of travel by such snowmobile or
facturer’s minimum age recommendation as DOOWHUUDLQYHKLFOHRYHUWKHSURSHUW\LQYROYHG
evidenced by the manufacturer’s warning label The liability under this section is in addition
DIÀ[HGWRWKHYHKLFOHRU WRDQ\SHQDOWLHVSURYLGHGLQ256
 G,VQRWLQFRPSOLDQFHZLWKWKHULGHUÀW
guidelines established by the State Parks and
5HFUHDWLRQ'HSDUWPHQWXQGHU256
(2) This section does not apply if the all-ter-
UDLQYHKLFOHLV
(a) Used exclusively in farming, agricul-
tural or forestry operations or used by persons
licensed under ORS chapter 571 exclusively for
RUWR>
F†F†F†
F†F†@
(Fees)
821.320 Snowmobile registration and
permit fees. The following fees are estab-
OLVKHGUHODWLQJWRVQRZPRELOHV
nursery or Christmas tree growing operations;  5HJLVWUDWLRQXQGHU256
and (2) Renewal of registration under ORS
(b) Being used on land owned or leased by 
WKHRZQHURIWKHYHKLFOH  ,VVXDQFHRIRXWRIVWDWHSHUPLWXQGHU
(3) The offense described in this section, 256>F†F
HQGDQJHULQJD&ODVV,9DOOWHUUDLQYHKLFOH †F†F†F
RSHUDWRULVD&ODVV&WUDIÀFYLRODWLRQ> †F†F†@
F†@
_______________
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 821 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ

Page 411 (2015 Edition)

OREGON VEHICLE CODE

Page 412 (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6

Chapter 822

(',7,21
REGULATION OF VEHICLE RELATED BUSINESSES

VEHICLE DEALERS SUBLEASING VEHICLES

822.090 Unlawful subleasing of motor vehicle;
(Generally) penalty
822.005 Acting as vehicle dealer without cer-
WLÀFDWHSHQDOW\ TRANSFER OF VEHICLES
822.007 Injunction against person acting as BY LIEN CLAIMANTS
vehicle dealer in violation of vehicle
code or rule; court-imposed monetary 822.093 Sale of vehicles involving possessory
penalties liens; records; rules; penalty
822.009 Civil penalties for violations of stat- 822.094 Transfer by lien claimant
utes or rules
822.015 Exemptions from vehicle dealer certi- DISMANTLERS
ÀFDWLRQUHTXLUHPHQWUXOHV
 ,VVXDQFHRIFHUWLÀFDWHIHH 822.100 Conducting a motor vehicle disman-
WOLQJEXVLQHVVZLWKRXWDFHUWLÀFDWH
822.025 Application contents penalties
822.027 Education requirements for vehicle  ([HPSWLRQIURPFHUWLÀFDWH
dealers requirement
822.030 Bond or letter of credit requirements;  'LVPDQWOHUFHUWLÀFDWHUHIXVDOWR
rights of action LVVXHGXSOLFDWHFHUWLÀFDWH
 5HTXLUHPHQWVIRUFHUWLÀFDWHRILQVXU- 822.115 Application contents
ance; exemptions
822.120 Bond or letter of credit requirements;
822.035 Investigation of application; dealer DFWLRQDJDLQVWFHUWLÀFDWHKROGHUDQG
number; rules; records inspection; surety
GHDOHUSODWHVDQGLGHQWLÀFDWLRQFDUG
effect of revocation or suspension in  3ULYLOHJHVJUDQWHGE\FHUWLÀFDWH
another jurisdiction VXSSOHPHQWDOFHUWLÀFDWHGXUDWLRQ
UHQHZDOLGHQWLÀFDWLRQFDUGVUXOHV
 3ULYLOHJHVJUDQWHGE\FHUWLÀFDWH
taxes; supplemental or corrected cer- 822.130 Inspection of books, records, inven-
WLÀFDWHGXUDWLRQUHQHZDOUXOHV tory and premises
822.042 Procedures for transfer of interest in 822.133 Requirements of dismantler oper-
vehicle by vehicle dealer ating motor vehicle dismantling
business
822.043 Dealer preparation and submission of
documents 822.135 Improperly conducting motor vehicle
dismantling business; penalty
822.045 Vehicle dealer offenses; penalties
822.137 Dismantler conduct resulting in civil
822.046 Vehicle dealer’s duty to inform penalty; rules
potential buyer if vehicle used for
manufacture of controlled substances 822.140 Local government approval
requirements
822.047 Brokerage services
822.145 Imposition of sanctions; rules
822.050 Revocation, cancellation or suspen-
VLRQRIFHUWLÀFDWH 822.150 Failure to return revoked, canceled
RUVXVSHQGHGFHUWLÀFDWHRULGHQWLÀFD-
822.055 Failure to return revoked, canceled tion card; penalty
RUVXVSHQGHGFHUWLÀFDWHSHQDOW\
822.060 Illegal consignment practices; pen-
alty; rules TOWING BUSINESSES
822.065 Violation of consigned vehicle trans- 822.200 Operating illegal towing business;
fer; penalty exceptions; penalties
822.070 Conducting illegal vehicle rebuilding  &HUWLÀFDWHTXDOLÀFDWLRQVIHH
business; penalty  3ULYLOHJHVJUDQWHGE\FHUWLÀFDWH
822.080 Procedures for civil penalties duration; renewal; regulation of
imposed under ORS 822.009; disposi- holder
tion of moneys 822.213 Transporting property for hire
(Recreational Vehicle Dealers) 822.215 Grounds for denial, suspension, revo-
FDWLRQRUUHIXVDORIFHUWLÀFDWH
822.082 “Recreational vehicle service facility” 822.217 Proportional registration for tow
GHÀQHGGLVSOD\RIORFDWLRQ vehicles; rules
 ´6KRZµGHÀQHGFRQGLWLRQVIRUSDUWLF-  &DQFHOODWLRQRILGHQWLÀFDWLRQGHYLFH
ipation in show for proportionally registered tow
822.084 Show license; fee; rules vehicle
 $XWKRUL]DWLRQWRREVWUXFWWUDIÀFIDLO-
ure to take precautions; penalty

Page 413 (2015 Edition)

 OREGON VEHICLE CODE

822.225 Failure to remove injurious sub- 822.520 Failure to return revoked, suspended
stance; penalty or canceled commercial driver train-
822.230 City or county regulation of towing LQJVFKRROFHUWLÀFDWHSHQDOW\
businesses
(Driver Training Instructor)

VEHICLE TRANSPORTERS 822.525 Acting as driver training instructor

822.300 Acting as vehicle transporter without
FHUWLÀFDWHH[HPSWLRQVSHQDOW\
822.305 Exemptions from vehicle transporter
FHUWLÀFDWLRQUHTXLUHPHQW
 3ULYLOHJHVJUDQWHGE\FHUWLÀFDWH
duration; renewal; fee; rules; sus-
pension or revocation; regulation of
holder
822.315 Improper use of vehicle transporter
plate; penalty
822.325 Failure to return revoked or sus-
SHQGHGFHUWLÀFDWHSHQDOW\
ZLWKRXWFHUWLÀFDWHH[HPSWLRQVUXOHV
penalty
 &HUWLÀFDWHLVVXDQFHVXVSHQVLRQRU
revocation; duration; fee; rules
822.535 Failure to return revoked or sus-
SHQGHGFHUWLÀFDWHSHQDOW\
GENERAL PROHIBITIONS
822.600 Failure of garage to report accident
or bullet contact; penalty
822.605 False swearing relating to regulation
of vehicle related businesses; penalty

DRIVER TRAINING FEES

 &HUWLÀFDWLRQIHHV
(Commercial Driver Training Schools)
822.705 Fee for issuance or renewal of vehicle
822.500 Operating commercial driver train- GHDOHUFHUWLÀFDWH
LQJVFKRROZLWKRXWFHUWLÀFDWHUXOHV
penalty
CIVIL PENALTIES
822.505 Commercial driver training school
bond; requirements; actions against 822.990 Civil penalties for violations of ORS
school or surety 822.500 and 822.525
822.510 Proof of insurance; requirements; 822.992 Civil penalties for violations related
exception to dismantlers
 &HUWLÀFDWHVLVVXDQFHVXVSHQVLRQRU
revocation; duration; fee; bond; proof
of insurance; rules

Page 414 (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 

VEHICLE DEALERS  D256RU

(b) Any rules adopted by the department
(Generally) relating to the sale of vehicles and the person
822.005 Acting as vehicle dealer without
FHUWLÀFDWHSHQDOW\(1) A person commits the
offense of acting as a vehicle dealer without a
FHUWLÀFDWHLIWKHSHUVRQLVQRWWKHKROGHURID
YDOLGFXUUHQWYHKLFOHGHDOHUFHUWLÀFDWHLVVXHG
XQGHU256DQGWKHSHUVRQ
LVQRWVXEMHFWWRVXEVHFWLRQRIWKLVVHFWLRQ
>F†F†F†
F†@
822.010>F†F†
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822.015 Exemptions from vehicle dealer
(a) Buys, sells, brokers, trades or exchanges
vehicles either outright or by means of any con-
ditional sale, bailment, lease, security interest,
consignment or otherwise;
(b) Displays a new or used vehicle, trailer
or semitrailer for sale; or
(c) Acts as any type of agent for the owner
of a vehicle to sell the vehicle or acts as any
type of agent for a person interested in buying
DYHKLFOHWREX\DYHKLFOH
(2) This section does not apply to persons
or vehicles exempted from this section under
256
(3) The offense described in this section,
DFWLQJDVDYHKLFOHGHDOHUZLWKRXWDFHUWLÀFDWH
LVD&ODVV$PLVGHPHDQRU>F†
F†F†F†
F†@
822.007 Injunction against person
acting as vehicle dealer in violation of
vehicle code or rule; court-imposed mon-
FHUWLÀFDWLRQUHTXLUHPHQWUXOHV,Q
addition to any exemptions from the vehicle
FRGHXQGHU256256GRHV
QRWDSSO\WRWKHIROORZLQJYHKLFOHVRUSHUVRQV
(a) Road rollers, farm tractors, farm trailers,
trolleys, implements of husbandry, emergency
vehicles, well-drilling machinery and boat or
utility trailers with a gross weight of 1,800
SRXQGVRUOHVV
(b) The owner of a vehicle as shown by the
vehicle title issued by any jurisdiction if the
person owned the vehicle primarily for per-
VRQDOIDPLO\RUKRXVHKROGSXUSRVHV,IWKH
person has sold, traded, displayed or offered
IRUVDOHWUDGHRUH[FKDQJHPRUHWKDQÀYHYHKL-
cles in one calendar year, the person shall have
the burden of proving that the person owned
the vehicles primarily for personal, family or
household purposes or for other purposes that
the Department of Transportation, by rule,
GHÀQHVDVFRQVWLWXWLQJDQH[HPSWLRQXQGHU
WKLVVHFWLRQ
etary penalties. ,QDGGLWLRQWRDQ\RWKHU
remedies provided by law, the Department of
Transportation may petition the circuit court
to enjoin a person from acting as a vehicle
dealer in violation of the Oregon Vehicle Code
RUDQ\UXOHDGRSWHGE\WKHGHSDUWPHQW
(2) A single act in violation of the provisions
(c) A receiver, trustee, personal represen-
WDWLYHRUSXEOLFRIÀFHUZKLOHSHUIRUPLQJDQ\
RIÀFLDOGXWLHV
(d) The lessor or security interest holder of
a vehicle as shown by the vehicle title issued
E\DQ\MXULVGLFWLRQ
of the Oregon Vehicle Code or of any rules
adopted by the department relating to vehicle
GHDOHUVVKDOOEHVXIÀFLHQWJURXQGIRUWKHFRXUW
WRLVVXHWKHLQMXQFWLRQ
 H([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
paragraph, a manufacturer who sells vehi-
cles the manufacturer has manufactured in
2UHJRQ1RWKLQJLQWKLVSDUDJUDSKSUHYHQWV
any manufacturer from obtaining a vehicle
 ,QDGGLWLRQWRLVVXLQJDQLQMXQFWLRQ
the court may assess a penalty not to exceed
$15,000 if the department proves by a prepon-
derance of the evidence that a person is acting
as a vehicle dealer without possessing a vehicle
GHDOHUFHUWLÀFDWH7KHFRXUWVKDOODOVRDZDUG
reasonable costs and disbursements, attorney
GHDOHUFHUWLÀFDWHXQGHU2567KLV
paragraph does not exempt a manufacturer
ZKRVHOOVRUWUDGHVFDPSHUVRUWUDYHOWUDLOHUV
(f) An insurance adjuster authorized to do
EXVLQHVVXQGHU256RUZKR
LVGLVSRVLQJRIYHKLFOHVIRUVDOYDJH
DQGHQIRUFHPHQWIHHV>F†@
822.009 Civil penalties for violations
of statutes or rules. (1) The Department of
Transportation may levy and collect a civil pen-
alty, in an amount not to exceed $1,000 for each
violation, against any person who has a vehicle
GHDOHUFHUWLÀFDWHLILWÀQGVWKDWWKHGHDOHUKDV
violated any provisions of the Oregon Vehicle
Code or of any rules adopted by the department
relating to the sale of vehicles, vehicle titling
RUYHKLFOHUHJLVWUDWLRQ
(2) The department may levy and collect
a civil penalty, in an amount not to exceed
$5,000 for each vehicle improperly sold, bro-
kered, exchanged or offered or displayed for
VDOHDJDLQVWDQ\SHUVRQLILWÀQGVWKDWWKH
SHUVRQLVLQYLRODWLRQRI to preserve, restore and maintain vehicles for
 J([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
paragraph, a person who sells or trades or
offers to sell or trade a vehicle that has been
XVHGLQWKHRSHUDWLRQRIWKHSHUVRQ·VEXVLQHVV
This paragraph does not exempt a person who
is in the business of selling, trading, display-
ing, rebuilding, renting or leasing vehicles
IURPDQ\UHTXLUHPHQWWRREWDLQDFHUWLÀFDWH
IRUGHDOLQJLQWKRVHYHKLFOHV
(h) A person who receives no money, goods
or services, either directly or indirectly, for
displaying a vehicle or acting as an agent in
WKHEX\LQJRUVHOOLQJRIDYHKLFOH
(i) A person who collects, purchases,
acquires, trades or disposes of vehicles and
vehicle parts for the person’s own use in order

Page 415 (2015 Edition)

 OREGON VEHICLE CODE
the person’s own use or for hobby or historical
SXUSRVHV
(j) A manufactured structure dealer subject
WRWKHOLFHQVLQJUHTXLUHPHQWRI256
or a person exempt from licensing under
256ZKHQVHOOLQJDYHKLFOHWUDLOHU
or semitrailer accepted in trade as part of a
PDQXIDFWXUHGVWUXFWXUHWUDQVDFWLRQ$PDQX-
factured structure dealership or exempt person
may not directly sell more than three vehi-
cles per calendar year under authority of this
paragraph, but by consignment with a dealer
(2) The person must deliver to the depart-
ment a bond or letter of credit that meets the
UHTXLUHPHQWVXQGHU256
(3) The person must deliver to the depart-
PHQWDFHUWLÀFDWHRILQVXUDQFHWKDWPHHWVWKH
UHTXLUHPHQWVHVWDEOLVKHGE\256
(4) The person must pay the fee required
XQGHU256IRULVVXDQFHRIDYHKLFOH
GHDOHUFHUWLÀFDWH
(5) The person must certify completion of
WKHSUHFHUWLÀFDWLRQHGXFDWLRQDQGWHVWUHTXLUH-
FHUWLÀHGXQGHU256RUPD\
sell an unlimited number of vehicles acquired
DVGHVFULEHGLQWKLVSDUDJUDSK
(k) A lien claimant who sells vehicles in
RUGHUWRIRUHFORVHSRVVHVVRU\OLHQV
(L) A lien claimant who, in a 12-month
period, sells 12 or fewer vehicles that the lien
PHQWVRI256DLIWKHSHUVRQLV
a dealer subject to the education and test
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SURYLGHV
claimant acquired through possessory liens if  6HF7KHDPHQGPHQWVWR256
the vehicles are sold at the business location DQGE\VHFWLRQV
RIWKHOLHQFODLPDQW to 4 of this 2013 Act apply to applications for
issuance or renewal of a vehicle dealer certif-
 P (OHFWULF SHUVRQDO DVVLVWLYH PRELOLW\ icate submitted on or after the effective date
GHYLFHV RIWKLV$FW>-DQXDU\@+RZHYHUD
 1RWZLWKVWDQGLQJ256WKHIRO- YHKLFOHGHDOHUFHUWLÀHGDVRIWKHGD\LPPHGL-
lowing may participate with other dealers in ately preceding the effective date of this 2013
a display of vehicles, including but not limited Act shall continue to be governed by ORS
to an auto show, if the display is an event that DQGDVLQ
lasts for 10 days or less and is an event for effect immediately before the effective date of
ZKLFKWKHSXEOLFLVFKDUJHGDGPLVVLRQ this 2013 Act until the expiration of the vehicle
(a) A person who is licensed as a vehicle GHDOHUFHUWLÀFDWH
dealer in another jurisdiction; or  3UHFHUWLÀFDWLRQDQGFRQWLQXLQJHGXFD-
(b) Any employee of a person who is licensed WLRQSURJUDPVGHVFULEHGLQ256WKDW
DVDYHKLFOHGHDOHULQDQRWKHUMXULVGLFWLRQ were approved before the effective date of this
2013 Act continue to be deemed approved until
 1RWZLWKVWDQGLQJ256DSHUVRQ
who is licensed as a vehicle dealer in another
jurisdiction or an employee of a person who is
FHUWLÀHGRUOLFHQVHGDVDYHKLFOHGHDOHUPD\
participate in a vehicle auction if the vehicle
DXFWLRQLV 256VKDOOEHLQDIRUPSUHVFULEHGE\
(a) Conducted by a vehicle dealer who holds
DYHKLFOHGHDOHUFHUWLÀFDWHLVVXHGRUUHQHZHG
XQGHU256RUDQG
'HFHPEHU>F†@
822.025 Application contents. An appli-
FDWLRQIRUDYHKLFOHGHDOHUFHUWLÀFDWHLVVXHG
by the Department of Transportation under
the department and shall contain all of the
IROORZLQJ
(1) The names and residence addresses of
WKHSHUVRQVDSSO\LQJDVIROORZV
 E2SHQRQO\WRFHUWLÀHGRUOLFHQVHGYHKLFOH
GHDOHUVRUWKHLUHPSOR\HHV
(4) The department shall adopt rules to
carry out the provisions of this section, includ-
ing but not limited to specifying which dealers
 D,IWKHDSSOLFDQWLVDÀUPRUSDUWQHUVKLS
WKHQDPHRIWKHÀUPRUSDUWQHUVKLSZLWKWKH
names and residence addresses of all members
WKHUHRI
may take vehicles on consignment from other
MXULVGLFWLRQV>F†F†
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  ,VVXDQFH RI FHUWLÀFDWH IHH
 E,IWKHDSSOLFDQWLVDFRUSRUDWLRQWKH
name of the corporation with the names of the
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and the name of the state under whose laws
WKHFRUSRUDWLRQLVRUJDQL]HG
(2) The name under which the business will
EHFRQGXFWHG
(3) The street address, including city and
([FHSWDVSURYLGHGLQ256WKH county in Oregon, where the business will be
Department of Transportation shall issue a FRQGXFWHG
YHKLFOHGHDOHUFHUWLÀFDWHWRDQ\SHUVRQLIWKH (4) Whether or not used vehicles are
SHUVRQPHHWVDOORIWKHIROORZLQJUHTXLUHPHQWV KDQGOHG
(1) The person must complete the application  $FHUWLÀFDWHIURPWKHDSSOLFDQWVKRZLQJ
IRUDGHDOHUFHUWLÀFDWHGHVFULEHGXQGHU256 that the applicant will act as a vehicle dealer
 and will conduct business at the location given
RQWKHDSSOLFDWLRQ

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 $FHUWLÀFDWHVLJQHGE\DSHUVRQDXWKR-
rized by the local governing body to do so,
stating that the location of the business as
JLYHQLQWKHDSSOLFDWLRQIRUDFHUWLÀFDWHFRP-
plies with any land use ordinances or business
UHJXODWRU\RUGLQDQFHVRIWKHFLW\RUFRXQW\
The provisions of this subsection do not apply
WRUHQHZDORIDYHKLFOHGHDOHUFHUWLÀFDWHXQGHU
256XQOHVVWKHORFDWLRQRIWKHEXVL-
QHVVLVEHLQJFKDQJHGDWWKHWLPHRIUHQHZDO
(7) Any information required by the
GHSDUWPHQWWRHIÀFLHQWO\DGPLQLVWHUWKHUHJ-
istration of vehicles and regulation of dealers
or other relevant information required by the
GHSDUWPHQW
 7KHSUHFHUWLÀFDWLRQHGXFDWLRQUHTXLUH-
ments in subsection (1)(a) of this section do
not apply to an applicant for a vehicle dealer
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at the time of application, the applicant holds
DQRWKHUFHUWLÀFDWHLVVXHGXQGHU256
RU
(3) The continuing education requirements
of subsection (1)(b) of this section do not apply
to an applicant for renewal of a vehicle dealer
FHUWLÀFDWHXQGHU256LIWKHDSSOLFDQW
LV
(a) A dealer having a franchise in this state
for nationally advertised and recognized motor
vehicles;
 ,IWKHDSSOLFDQWLVDGHDOHUVXEMHFWWRWKH (b) A dealer having a franchise in this state
education and test requirements under ORS for new recreational vehicles;
DDFHUWLÀFDWHIURPWKHSURYLGHURI
HDFKSUHFHUWLÀFDWLRQHGXFDWLRQSURJUDPOLVWLQJ
the courses that the applicant has completed
and the tests that the applicant has passed in
WKHSUHFHUWLÀFDWLRQHGXFDWLRQSURJUDP
(c) A motor vehicle rental company having
a national franchise under the ownership of
a corporation that operates throughout the
United States; or
 ,IWKHDSSOLFDQWZLOORIIHUQHZUHFUH- (d) A national auction company that holds
DWLRQDOYHKLFOHVIRUVDOHDFHUWLÀFDWHIURPWKH DYHKLFOHGHDOHUFHUWLÀFDWHDQGDGLVPDQWOHU
applicant stating that the applicant will main- FHUWLÀFDWHZKRVHSULPDU\DFWLYLW\LQWKLVVWDWH
tain a recreational vehicle service facility at LVWKHVDOHRUGLVSRVLWLRQRIWRWDOHGYHKLFOHV
the street address provided by the applicant  3UHFHUWLÀFDWLRQDQGFRQWLQXLQJHGXFDWLRQ
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822.027 Education requirements for
programs and the tests required in subsec-
tion (1) of this section may be developed by any
motor vehicle industry organization including,
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program shall be submitted to the advisory
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vehicle dealers. ([FHSWDVSURYLGHGLQ
subsections (2) and (3) of this section, the fol-
lowing education requirements apply to an
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(a) An applicant for a vehicle dealer cer-
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a minimum of eight hours of courses in any
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described in subsection (4) of this section and
pass the tests required under paragraph (c) of
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vote to approve or deny approval of each pro-
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state and federal law in at least the following

(a) Motor vehicle advertising;
(b) Odometer laws and regulations;
(c) Vehicle licensing and registration;
(d) Unlawful dealer activities;
this subsection within one year prior to sub-  H(QYLURQPHQWDOUXOHVDQGUHJXODWLRQV
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four hours of courses in any approved continu-
ing education program described in subsection
(4) of this section and pass the tests required
under paragraph (c) of this subsection prior to
submitting an application for the renewal cer-
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(i) Service and warranty contracts; and
(j) Land use regulations governing motor
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in an approved continuing education program
for which the applicant previously obtained
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(c) For each course hour required under
paragraphs (a) and (b) of this subsection, the
provider shall administer a test and the appli-
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tion programs required in subsection (1) of this
section may be provided by accredited educa-
tional institutions, private vocational schools,
correspondence schools or trade associations if
the education programs have been approved
by the advisory committee established under
cant must pass each test with a score of at least 256DVUHTXLUHGLQVXEVHFWLRQRI
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under subsection (4) of this section expires two
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Page 417 (2015 Edition)

 OREGON VEHICLE CODE

†F†F†F (b) Vehicle permits;

†F††F† (c) The transfer or alteration of vehicles; or
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822.030 Bond or letter of credit require-
ments; rights of action. (1) A bond or letter
of credit required to qualify for a vehicle dealer
FHUWLÀFDWHXQGHU256RUWRTXDOLI\IRU
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(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

(a) The bond shall have a corporate surety
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letter of credit shall be an irrevocable letter
of credit issued by an insured institution,
DV GHÀQHG LQ 256  7KH VXUHW\ RU
institution shall notify the Department of
Transportation if the bond or letter of credit
LVFDQFHOHGIRUDQ\UHDVRQ7KHVXUHW\RULQVWL-
tution shall continue to be liable under the
bond or letter of credit until the department
receives the notice required by this paragraph,
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(b) The bond or letter of credit shall be exe-
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renewed or is voluntarily or involuntarily can-
celed, the sureties on the bond and the issuer
of the letter of credit are relieved from liability
that accrues after the department cancels the
FHUWLÀFDWH>F†F†
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of insurance; exemptions. $FHUWLÀFDWHRI
insurance required to qualify for a vehicle
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 F([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
paragraph, the bond or letter of credit shall (a) Be issued by an insurance carrier
EHLQWKHIROORZLQJVXP licensed to do business within this state;
 $,IWKHDSSOLFDQWLVVHHNLQJDFHUWLÀFDWHWR
be a dealer exclusively in motorcycles, mopeds,
&ODVV,DOOWHUUDLQYHKLFOHVRUVQRZPRELOHVRU
any combination of those vehicles, the bond or
OHWWHURIFUHGLWVKDOOEHIRU
(b) Show that the dealer is insured by a
policy that provides the minimum limits of
FRYHUDJHUHTXLUHGXQGHU256
(c) Show that the dealer is insured by a
policy that provides for payment of judgments
 %([FHSWDVSURYLGHGLQVXESDUDJUDSK$
of this paragraph, if the applicant is seeking
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letter of credit shall be for $40,000 for each
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(d) The bond or letter of credit described in
this subsection shall be approved as to form
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(e) The bond or letter of credit must be con-
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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
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(d) Show that the dealer is insured by a
policy covering all vehicles manufactured,
owned, operated, used or maintained by or
under the control of the dealer;
(e) Show that the dealer is insured by a
policy that also covers all other persons who,
with the consent of the dealer, use or operate
vehicles manufactured, owned or maintained
by or under the control of the dealer;
(f) Be dated as of the date of the motor vehi-
cle policy for which it is given;
(g) Contain the policy number; and
(h) Provide that the insurer shall give the
Department of Transportation written notice
 I7KHERQGRUOHWWHURIFUHGLWPXVWEHÀOHG
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(g) The vehicle dealer shall purchase a
bond or letter of credit under this subsection
annually on or before each anniversary of the
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of any cancellation of the policy and that the
insurer shall continue to be liable under the
policy until the department receives the notice
required by this paragraph or until the cancel-
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(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 rep-
resentations or violations of provisions of the
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(a) Vehicle registration;
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(3) A dealer is exempt from the requirement
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form as may be required by the department,
that the dealer will be dealing exclusively in


Page 418 (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 

(a) Antique vehicles issued permanent reg-  0D\QRWLVVXHDYHKLFOHGHDOHUFHUWLÀ-

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(b) Farm trailers; KDV EHHQ LVVXHG D VLPLODU FHUWLÀFDWH IURP
another jurisdiction that has been revoked or
(c) Farm tractors; is currently suspended unless the applicant
 G,PSOHPHQWVRIKXVEDQGU\RU possesses a current, valid vehicle dealer cer-
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dealer number; rules; records inspec-
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card; effect of revocation or suspension
in another jurisdiction. The Department of
7UDQVSRUWDWLRQ FHUWLÀFDWHXQGHU256
(1) Upon receipt of an application for a
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application and may make an individual inves-
tigation relative to statements contained in the
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(9) May not use the revocation or suspension
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to allow a vehicle dealer holding a current,
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(10) May adopt any reasonable rules nec-
essary for the administration of the laws
relating to the regulation of vehicle dealers,
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that the proper fees have been paid for the
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a distinctive dealer number that allows the
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and shall forward to the dealer a vehicle dealer
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(3) Has authority to determine whether or
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(4) Has authority to make suitable rules for
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(5) May make inspections of any vehicle
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and of any vehicles included in a vehicle deal-
er’s inventory or located on the vehicle dealer’s
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section may be conducted by the department at
reasonable intervals, during normal business
hours, and may not exceed a scope of inspection
necessary for the department to determine the
IROORZLQJ cles under dealer plates unless the vehicles
(a) A vehicle dealer’s compliance with stat-
utes regulating vehicle dealers under the
vehicle code;
(b) A vehicle dealer’s compliance with those
provisions of the vehicle code regulating the
titling and registration of vehicles;
(c) A vehicle dealer’s compliance with rules
adopted by the department relating to the reg-
ulation of vehicle dealers and the registration
and titling of vehicles; and
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rules adopted under this subsection must be
consistent with the statutory provisions of the
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not limited to, grounds and procedures for
the revocation, denial or suspension of vehi-
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icate; taxes; supplemental or corrected
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The holder of a current, valid vehicle dealer
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exercise the following privileges under the
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(a) A dealer is authorized, without violating
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over and along the highways of this state all
vehicles displaying the dealer’s plates whether
registered or not or whether or not a title is
LVVXHGIRUWKHYHKLFOH7KLVSDUDJUDSKGRHV
not authorize dealers to use or operate vehi-
are actually owned or controlled by the dealer
and in actual use by the dealer, members of
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operated under dealer plates may be used for
the same purposes as are any other vehicles
registered in this state that are registered by
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paragraph is subject to the limitations under
256
(b) A dealer is entitled to receive dealer
 G7KHLGHQWLÀFDWLRQRIVWROHQYHKLFOHV plates or devices and replacement or additional
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allow the exercise of the privileges granted
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(7) May provide a vehicle dealer with iden-
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the business or in the names of authorized
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Page 419
dealer plates as may be desired may be
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for additional plates with the Department of
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shall require the payment of fees as provided
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(c) The person is not subject to the prohi-
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long as the holder’s vehicle dealer business is
(2015 Edition)
 OREGON VEHICLE CODE

conducted in a location approved under the
FHUWLÀFDWH
(d) The dealer shall be considered the owner
of vehicles manufactured or dealt in by the
dealer, before delivery and sale of the vehicles,
and of all vehicles in the dealer’s possession
and operated or driven by the dealer or the
GHDOHU·VHPSOR\HHV
(a) The dealer must have a signed agree-
ment with the owner of the property or the
person using the property where the vehicle
is to be displayed stating that the vehicle is
for an advertising promotion only and that the
processing of any documents or other activities
required to purchase a vehicle must be done
DWWKHGHDOHU·VSODFHRIEXVLQHVV
 H1RWZLWKVWDQGLQJ256LQOLHX (b) The vehicle on display must be clearly
of paying the weight-mile tax imposed under marked with the dealer’s name and contact
256WKHGHDOHUPD\SD\WKHIXHOWD[HV information and a notice that the vehicle is
LPSRVHG XQGHU 256  DQG  displayed only for the purpose of advertising
ZKHQWKHYHKLFOH and may be purchased only at the dealer’s place
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(A) Displays the dealer’s plates;
(c) Displaying the vehicle must not violate
 %,VDFWXDOO\RZQHGRUFRQWUROOHGE\WKH
dealer and in actual use by the dealer, mem-
EHUVRIWKHGHDOHU·VÀUPDQ\VDOHVSHUVRQRIWKH
dealer or any person authorized by the dealer;
DQ\]RQLQJODZVRURUGLQDQFHV
(d) The dealer or the dealer’s employees
may not remain with the vehicle except for
the purpose of moving the vehicle in or out of
 &,VRSHUDWHGRQWKHKLJKZD\IRUWKHSXU- WKHGLVSOD\DUHD
pose of test driving the vehicle; and
 $YHKLFOHGHDOHUFHUWLÀFDWHLVYDOLGIRU
 ',VXQORDGHG a three-year period and may be renewed as
 7KHKROGHURIDYHKLFOHGHDOHUFHUWLÀ- SURYLGHGE\WKHGHSDUWPHQW7KHGHSDUWPHQW
cate may open additional places of business VKDOORQO\UHQHZDFHUWLÀFDWHLIWKHDSSOLFDQW
under the same business name by obtaining a IRUUHQHZDOGRHVDOORIWKHIROORZLQJ
VXSSOHPHQWDOFHUWLÀFDWHIURPWKHGHSDUWPHQW (a) Pays the required fee for renewal under
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(a) The department may not issue a sup-
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the additional place of business opened will be
operated under a different business name than
WKDWLQGLFDWHGRQWKHFXUUHQWFHUWLÀFDWH$Q\
business that a vehicle dealer operates under
 F'HOLYHUVWRWKHGHSDUWPHQWDFHUWLÀFDWHRI
insurance that meets the requirements under
256
(d) Provides the names of all partners or
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a separate business name must be operated  H&HUWLÀHVFRPSOHWLRQRIWKHFRQWLQXLQJ
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must apply for and pay the fees for a regular if the person is a dealer subject to the education
GHDOHUFHUWLÀFDWHIRUWKHEXVLQHVV UHTXLUHPHQWV
 E$VXSSOHPHQWDOFHUWLÀFDWHLVVXHGXQGHU  I,IWKHGHDOHURIIHUVQHZUHFUHDWLRQDOYHKL-
this subsection is subject to the fee for supple- FOHVIRUVDOHXQGHUWKHFHUWLÀFDWHFHUWLÀHVWKDW
PHQWDOFHUWLÀFDWHXQGHU256 the dealer maintains a recreational vehicle
 7KHKROGHURIDYHKLFOHGHDOHUFHUWLÀFDWH VHUYLFHIDFLOLW\DVOLVWHGLQWKHGHDOHUFHUWLÀFDWH
may move a place of business or change a DSSOLFDWLRQGHVFULEHGLQ256
business name by obtaining a corrected cer-
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(a) The department shall prescribe the form
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(b) A person applying for a corrected cer-
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(4) The department may establish by rule
the requirements a holder of a vehicle dealer
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location other than the dealer’s place of busi-
QHVVIRUWKHSXUSRVHRIDGYHUWLVLQJZLWKRXWÀUVW
REWDLQLQJDVXSSOHPHQWDOFHUWLÀFDWHIURPWKH
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established by the department by rule, all of
WKHIROORZLQJDSSO\ if none, to the purchaser;
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rules for the issuance and renewal of certif-
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822.042 Procedures for transfer of
interest in vehicle by vehicle dealer. (1)
A vehicle dealer transferring any interest in
DYHKLFOHRUFDPSHUVKDOO
(a) Within 25 calendar days of the transfer
IXUQLVKWKHFHUWLÀFDWHRIWLWOHRURWKHUSULPDU\
ownership document for the vehicle and any
release thereon to the security interest holder
next named, if any, otherwise to the lessor or,

Page 420 (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 

(b) Within 30 calendar days of the transfer
submit to the Department of Transportation,
in a manner that complies with any applicable
statutes and rules, an application for title on
behalf of the person to whom the title is to be
furnished or whose name is to appear on the
title record;
(c) Comply with rules adopted by the depart-
ment if title has not been or will not be issued
LQWKHIRUPRIDFHUWLÀFDWHRU
(d) Within 25 business days of the transfer
provide a notice of delay to the security interest
holder next named, if any, the lessor, if any,
DQGWKHSXUFKDVHU7KHQRWLFHVKDOOFRQWDLQ document processing fee charged by a vehicle
(A) The reason for the delay;
(B) The anticipated extent of the delay; and
(C) A statement of the rights and remedies
available to the purchaser if the delay becomes
XQUHDVRQDEO\H[WHQGHG
(b) May not charge a purchaser of a vehicle a
document processing fee for the submission of
any document or the issuance of a registration
SODWH
(c) May charge a purchaser of a vehicle a
document processing fee for performing any
of the services described in subsection (2) of
this section in connection with preparing the
documents described in subsection (2) of this
VHFWLRQ
(4) A purchaser of a vehicle may negotiate
the amount of the document processing fee
with a vehicle dealer, but in no case shall the
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(a) $150, if the vehicle dealer uses an inte-
grator; or
(b) $115, if the vehicle dealer does not use
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(2) A vehicle dealer shall maintain records  ,IDYHKLFOHGHDOHUFKDUJHVDGRFXPHQW
as determined by the department by rule to processing fee under subsection (4)(a) of this
show whether the dealer has complied with section, of the amount collected $25 shall be
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(3) A vehicle dealer that fails to comply with
the provisions of subsection (1) of this section
is subject to revocation, cancellation or sus-
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822.043 Dealer preparation and sub-
mission of documents. (1) As used in this
 8QOHVVRWKHUZLVHSURYLGHGE\UXOHLID
vehicle dealer uses an integrator and charges
a document processing fee greater than that
charged for not using an integrator, the dealer
must inform the purchaser of the vehicle of
the option of using an integrator to prepare
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whether or not to have the vehicle dealer use
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ument processing fee, the vehicle dealer shall
 D´,QWHJUDWRUµKDVWKHPHDQLQJJLYHQWKDW prepare and submit all documents to complete
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(2) A vehicle dealer may elect to prepare, Legislative Assembly but was not added to or
submit, or prepare and submit documents nec- made a part of the Oregon Vehicle Code or any
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See Preface to Oregon Revised Statutes for
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a vehicle;
(b) Register a vehicle or transfer registration
of a vehicle;
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822.045 Vehicle dealer offenses; penal-
ties. (1) A vehicle dealer improperly conducts
a vehicle dealer business and is subject to
 F,VVXHDUHJLVWUDWLRQSODWH the penalties under this section if the vehicle
(d) Verify and clear a title;
(e) Perfect, release or satisfy a lien or other
security interest;
(f) Comply with federal security require-
ments; or
(g) Render any other services for the pur-
pose of complying with state and federal laws
UHODWHGWRWKHVDOHRIDYHKLFOH
(3) A vehicle dealer who prepares any doc-
uments described in subsection (2) of this
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(a) May charge a purchaser of a vehicle a
document processing fee for the preparation
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(a) A vehicle dealer commits the offense
of failure to obtain a supplemental vehicle
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any additional place of business using the same
business name as a place of business approved
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(b) A vehicle dealer commits the offense of
failure to obtain a corrected vehicle dealer cer-
WLÀFDWHLIWKHGHDOHUPRYHVDSODFHRIEXVLQHVV
REWDLQLQJDFRUUHFWHGGHDOHUFHUWLÀFDWHXQGHU
256
(c) A vehicle dealer commits the offense
of failure to maintain proper vehicle dealer
records if the dealer does not keep records or

Page 421 (2015 Edition)

 OREGON VEHICLE CODE

books with all of the following information FHUWLÀFDWHDWWKHSODFHRIEXVLQHVVRIWKHSHUVRQ

concerning any used or secondhand vehicles DWDOOWLPHVZKLOHWKHFHUWLÀFDWHLVLQIRUFH
RUFDPSHUVWKHGHDOHUGHDOVZLWK  M ([FHSW DV SURYLGHG LQ VXEVHFWLRQ 
(A) A record of the purchase, sale or of this section, a vehicle dealer commits the
exchange or of the dealer’s receipt for purpose RIIHQVHRIIDLOXUHWRSURYLGHFOHDUWLWOHLI
RIVDOH (A) Within 15 days of transfer of any inter-
 %$GHVFULSWLRQRIWKHYHKLFOHRUFDPSHU
(C) The name and address of the seller,
the purchaser and the alleged owner or other
person from whom the vehicle or camper was
purchased or received or to whom it was sold
RUGHOLYHUHG
(D) For motor vehicles, the vehicle iden-
WLÀFDWLRQQXPEHUDQGDQ\RWKHUQXPEHUVRU
LGHQWLÀFDWLRQPDUNVDVPD\EHWKHUHRQDQGD
statement that a number has been obliterated,
GHIDFHGRUFKDQJHGLIVXFKLVDIDFW
est in a vehicle or camper to the dealer by a
FRQVXPHUWKHGHDOHUIDLOVWRVDWLVI\
(i) The interest of any person from whom
the dealer purchased or obtained the vehicle
or camper;
(ii) The interest of any person from whom
the person described in sub-subparagraph
(i) of this subparagraph leased the vehicle or
camper; and
(iii) All security interests in the vehicle
or camper entered into prior to the time of
 ()RUWUDLOHUVDQGFDPSHUVWKHYHKLFOH WUDQVIHU
LGHQWLÀFDWLRQQXPEHUDQGDQ\RWKHUQXPEHUV (B) Within 15 days of receiving clear title to
RULGHQWLÀFDWLRQPDUNVDVPD\EHWKHUHRQ a vehicle or camper from another dealer, the
 )$GXO\DVVLJQHGFHUWLÀFDWHRIWLWOHRU
other primary ownership record or a bill of
sale from the registered owner of the vehicle
or camper from the time of delivery to the
dealer until the dealer disposes of the vehicle
RUFDPSHU,IWLWOHLVLVVXHGIRUWKHYHKLFOHLQD
IRUPRWKHUWKDQDFHUWLÀFDWHRULIWKHSULPDU\
ownership record is in a form other than a
document, a dealer shall keep records in accor-
dance with rules adopted by the Department
of Transportation for the purpose of complying
purchasing dealer fails to satisfy the interest
of the dealer from which the purchasing dealer
UHFHLYHGWKHFHUWLÀFDWHRIWLWOHRURWKHUSULPDU\
RZQHUVKLS GRFXPHQW )RU SXUSRVHV RI WKLV
subparagraph, a purchasing dealer receives a
FHUWLÀFDWHRIWLWOHRURWKHUSULPDU\RZQHUVKLS
GRFXPHQWIURPDGHDOHURQWKHGDWH
(i) The purchasing dealer or the Department
of Transportation takes physical possession of
WKHFHUWLÀFDWHRUGRFXPHQWRU
ZLWKWKLVVXESDUDJUDSK
(d) A vehicle dealer commits the offense of
failure to allow administrative inspection if
the dealer refuses to allow the department to
FRQGXFWDQLQVSHFWLRQXQGHU256DW
DQ\WLPHGXULQJQRUPDOEXVLQHVVKRXUV
(e) A vehicle dealer commits the offense of
failure to allow police inspection if the dealer
UHIXVHVWRDOORZDQ\SROLFHRIÀFHUWRFRQGXFW
 LL$ZULWWHQQRWLFHLVPDLOHGE\FHUWLÀHGRU
registered mail, return receipt requested, to
the purchasing dealer from the dealer, stating
WKDWWKHFHUWLÀFDWHRUGRFXPHQWLVDYDLODEOHWR
be picked up at a place and time prearranged
E\ERWKSDUWLHV7KHZULWWHQQRWLFHPXVWEH
mailed to a business address of the purchas-
LQJGHDOHUWKDWLVRQÀOHZLWKWKHGHSDUWPHQW
Service by mail under this sub-subparagraph
LVHIIHFWLYHRQWKHGDWHRIPDLOLQJ
DQLQVSHFWLRQXQGHU256DWDQ\WLPH
GXULQJQRUPDOEXVLQHVVKRXUV
(f) A vehicle dealer commits the offense
of illegal use of dealer vehicle for hire if the
dealer allows any vehicle operated under
vehicle dealer registration to be loaned or
 N([FHSWDVSURYLGHGLQVXEVHFWLRQ
of this section, a vehicle dealer commits the
RIIHQVHRIIDLOXUHWRIXUQLVKFHUWLÀFDWHRIWLWOH
or application for title if, within 90 calendar
days of transfer of any interest in a vehicle or
FDPSHUE\WKHGHDOHUWKHGHDOHUKDVIDLOHGWR
rented with or without driver for hire or direct
FRPSHQVDWLRQ
(g) A vehicle dealer commits the offense
of improper use of dealer plates or devices if
the dealer or employee of the dealer causes or
permits the display or use of any special vehi-
cle dealer registration plate or device on any
YHKLFOHQRWRZQHGRUFRQWUROOHGE\WKHGHDOHU
(h) A person commits the offense of improper
display of dealer plates if the person operates
over and along the highways of this state any
unregistered vehicle owned or controlled by
the dealer and any dealer plates issued are
not displayed in the manner provided in ORS
IRUWKHGLVSOD\RIUHJLVWUDWLRQSODWHV
(i) A vehicle dealer commits the offense
RIIDLOXUHWRH[KLELWWKHGHDOHUFHUWLÀFDWHLI
the dealer fails to permanently exhibit the
Page 422
 $)XUQLVKWKHFHUWLÀFDWHRIWLWOHRURWKHU
primary ownership record for the vehicle or
camper and any release thereon or, if title
has been issued or is to be issued in a form
RWKHUWKDQDFHUWLÀFDWHDQ\LQIRUPDWLRQRU
documents required by rule of the department,
to the security interest holder next named, if
any, otherwise to the lessor or, if none, to the
purchaser; or
(B) Submit to the department in a manner
that complies with any applicable statutes and
rules, an application for title on behalf of the
person to whom the title is to be furnished or
ZKRVHQDPHLVWREHVKRZQRQWKHWLWOHUHFRUG
(L) A vehicle dealer commits the offense
of failure to maintain bond or letter of credit
coverage if the dealer permits a bond or letter
of credit to lapse during the period that the
bond or letter of credit is required under ORS
(2015 Edition)
 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 
RURULIWKHGHDOHUIDLOVWRSXU-
chase a bond or letter of credit required by ORS

(m) A person commits the offense of acting
as a vehicle dealer while under revocation,
cancellation or suspension if the person con-
ducts business as a vehicle dealer in this state
DQGWKHSHUVRQ·VYHKLFOHGHDOHUFHUWLÀFDWHLV
revoked, canceled or suspended, regardless
of whether the person is licensed as a vehicle
GHDOHULQDQRWKHUMXULVGLFWLRQ7KLVSDUDJUDSK
does not apply if the person has other current,
YDOLGGHDOHUFHUWLÀFDWHVLVVXHGLQWKLVVWDWH
(n) A vehicle dealer commits the offense of
improper display of a vehicle for advertising
purposes if the dealer displays a vehicle at a
location other than the dealer’s place of busi-
ness for the purpose of advertising and the
dealer does not comply with the provisions of
(i) The offense described in this section, fail-
XUHWRH[KLELWWKHGHDOHUFHUWLÀFDWHLVD&ODVV
$PLVGHPHDQRU
(j) The offense described in this section,
failure to provide clear title, is a Class A
PLVGHPHDQRU
(k) The offense described in this section, fail-
XUHWRIXUQLVKFHUWLÀFDWHRIWLWOHRUDSSOLFDWLRQ
IRUWLWOHLVD&ODVV$PLVGHPHDQRU
(L) The offense described in this section,
failure to maintain bond or letter of credit
FRYHUDJHLVD&ODVV$PLVGHPHDQRU
(m) The offense described in this section,
acting as a vehicle dealer while under revoca-
tion, cancellation or suspension, is a Class A
PLVGHPHDQRU
(n) The offense described in this section,
improper display of a vehicle for advertising
256
(2) A dealer is not considered to have com-
mitted the offense described in subsection (1)
(j)(A) of this section if the dealer fails to satisfy
an interest in a vehicle or camper that arises
IURPDQLQYHQWRU\ÀQDQFLQJVHFXULW\LQWHUHVW
IRUZKLFKWKHGHDOHULVWKHGHEWRU
(3) A dealer is not considered to have com-
mitted the offense described in subsection (1)
(k) of this section if the dealer demonstrates
WKDW XVHGLQWKLVVHFWLRQ´FRQWUROOHGVXEVWDQFHµ
(a) The dealer has made a good faith effort
to comply; and
(b) The dealer’s inability to provide title
is due to circumstances beyond the dealer’s
FRQWURO
(4) The offenses described in this section are
VXEMHFWWRWKHIROORZLQJSHQDOWLHV used in the unlawful manufacture of controlled
(a) The offense described in this section, fail-
ure to obtain a supplemental vehicle dealer
FHUWLÀFDWHLVD&ODVV$PLVGHPHDQRU
(b) The offense described in this section,
failure to obtain a corrected vehicle dealer
FHUWLÀFDWHLVD&ODVV$PLVGHPHDQRU
(c) The offense described in this section, fail-
ure to maintain proper vehicle dealer records,
LVD&ODVV$PLVGHPHDQRU
(d) The offense described in this section,
failure to allow administrative inspection, is
D&ODVV$PLVGHPHDQRU
(e) The offense described in this section,
failure to allow police inspection, is a Class A
PLVGHPHDQRU
(f) The offense described in this section,
illegal use of dealer vehicle for hire, is a Class
SXUSRVHVLVD&ODVV$PLVGHPHDQRU>
F†F†F†
F†F†F†
F†F†F
†F†F†F
†F†F†F
††F†@
822.046 Vehicle dealer’s duty to inform
potential buyer if vehicle used for man-
ufacture of controlled substances. (1) As
means a drug or its immediate precursor
FODVVLÀHGLQ6FKHGXOH,RU,,XQGHUWKHIHGHUDO
&RQWUROOHG6XEVWDQFHV$FW86&WR
DVPRGLÀHGXQGHU256
(2) A vehicle dealer shall inform a potential
buyer if the dealer has received written notice
that the vehicle to be sold to the buyer was
VXEVWDQFHVSULRUWRVDOHWRWKHEX\HU'LVFOR-
sure shall be in writing and shall be made
WRWKHEX\HUDQGWRDQ\OHQGHUÀQDQFLQJWKH
purchase of the vehicle prior to completion of
WKHVDOH8QOHVVWKHYHKLFOHLVIRXQGÀWIRUXVH
XQGHU256WKHGHDOHUVKDOODOVRSRVW
a notice on the vehicle stating that the vehicle
was used in the unlawful manufacture of con-
WUROOHGVXEVWDQFHV>F†F
†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
822.047 Brokerage services. (1) As used
LQWKLVVHFWLRQ
%WUDIÀFYLRODWLRQ
(g) The offense described in this section,
improper use of dealer plates or devices, is a
&ODVV'WUDIÀFYLRODWLRQ
(h) The offense described in this section,
improper display of dealer plates, is a Class B
WUDIÀFYLRODWLRQ
 D´%URNHUDJHVHUYLFHVµPHDQVWKHDUUDQJH-
ments or negotiations conducted by a motor
vehicle broker for the purpose of obtaining
a motor vehicle for a buyer or lessee from a
seller or lessor through a method that does not
LQFOXGH
(A) Accepting the motor vehicle on
consignment;
 %,IWKHPRWRUYHKLFOHEURNHUKDVDIUDQ-
FKLVHDVGHÀQHGLQ256H[FKDQJLQJ

Page 423 (2015 Edition)

 OREGON VEHICLE CODE

new motor vehicles with another motor vehicle
dealer who has a franchise that is with the
same franchisor as the motor vehicle broker;
or
(C) Receiving a referral fee from another
(c) Represent that the motor vehicle broker
is providing a free service to the buyer or
lessee, unless the motor vehicle broker has not
received and will not receive any compensation
from the transaction; or
motor vehicle dealer for referring a buyer or  G,IWKHIHHIRUWKHEURNHUDJHVHUYLFHVZLOO
lessee when the motor vehicle broker did not be paid out of the proceeds of the purchase
participate in the arrangement or negotiation or lease, make any representation that could
IRUWKHVDOHRUOHDVHRIWKHPRWRUYHKLFOH cause a buyer or lessee to believe that the motor
 E´0RWRUYHKLFOHEURNHUµPHDQVDSHUVRQ
who holds a valid, current vehicle dealer cer-
WLÀFDWHLVVXHGXQGHU256DQGZKR
receives a fee for acting on behalf of a buyer or
lessee to arrange or negotiate the purchase or
vehicle broker will be compensated by the seller
RUOHVVRUIRUWKHWUDQVDFWLRQ
(5) When representing a buyer or lessee, a
motor vehicle broker shall act only as an agent
IRUWKHEX\HURUOHVVHH
sale of a motor vehicle between a buyer and a  ,IDPRWRUYHKLFOHEURNHUPDLQWDLQVD
seller, or the lease of a motor vehicle between GHDOHULQYHQWRU\WKHPRWRUYHKLFOHEURNHU
DOHVVHHDQGDOHVVRU
(a) Shall inform the buyer or lessee whether
(2) At the time of entering into an agreement or not the broker is acting as a broker or dealer
to provide brokerage services, a motor vehicle for the transaction; and
broker shall provide the buyer or lessee with
DZULWWHQGLVFORVXUHWKDWLQFOXGHV (b) May not do any of the following if the
motor vehicle broker entered into an agree-
 D$GHVFULSWLRQRIWKHVSHFLÀFEURNHUDJH
services to be provided by the motor vehicle
broker;
(b) A description of the fees the motor vehicle
broker will charge for the brokerage services
and a description of any deposits that are
required to be paid before the motor vehicle
is delivered to the buyer or lessee;
(c) A description of how the motor vehicle
broker will charge and collect the fees and
deposits described in paragraph (b) of this
subsection; and
(d) A statement of whether or not the motor
vehicle broker is responsible for warranty ser-
YLFHZRUNRQWKHPRWRUYHKLFOH
ment to act as a broker on behalf of the buyer
or lessee and later negotiated to sell or lease a
motor vehicle from the broker’s dealer inven-
WRU\WRWKHEX\HURUOHVVHH
(A) Act as an agent for or represent the buyer
or lessee;
(B) Charge the buyer or lessee a fee for bro-
kerage services;
(C) Purchase or lease a motor vehicle on
behalf of a buyer or lessee and then sell or lease
that vehicle to the buyer or lessee as a motor
vehicle dealer; or
(D) Sell a motor vehicle to a buyer or lease
a motor vehicle to a lessee, unless the motor
vehicle broker provides the buyer or lessee with
 ,QDGGLWLRQWRWKHZULWWHQGLVFORVXUH
required under subsection (2) of this section,
a motor vehicle broker shall provide a state-
ment to the buyer or lessee if the motor vehicle
broker adds a fee for brokerage services to the
purchase price or capitalized cost of the motor
vehicle and the fee was negotiated with the
VHOOHURUOHVVRURQEHKDOIRIWKHEX\HURUOHVVHH
The statement required under this subsection
PXVW lessee is free to negotiate the purchase price
a clear and conspicuous written disclosure that
is signed by the buyer or lessee and that states
WKHIROORZLQJ
(i) The motor vehicle broker is no longer
acting as the agent for the buyer or lessee for
the purposes of the sale or lease; and
(ii) The motor vehicle broker is acting as a
motor vehicle dealer with whom the buyer or
 D,QIRUPWKHEX\HURUOHVVHHWKDWIHHVIRU
brokerage services have been added to the pur-
chase price or capitalized cost;
(b) State that the fees for brokerage services
will be paid to the motor vehicle broker by the
seller or lessor; and
(c) Be clear and conspicuous in not less than
SRLQWEROGW\SH
RUOHDVHWHUPVRIWKHPRWRUYHKLFOH>F
†F†@
822.050 Revocation, cancellation or sus-
SHQVLRQRIFHUWLÀFDWH(1) The Department of
Transportation may revoke, suspend or place
on probation a vehicle dealer if the department
determines at any time for due cause that the
GHDOHUKDVGRQHDQ\RIWKHIROORZLQJ
(a) Violated any grounds for revocation,
 $PRWRUYHKLFOHEURNHUPD\QRW suspension or probation adopted by the depart-
(a) Calculate any fee charged to the buyer or
lessee as a percentage of the savings achieved
by the motor vehicle broker for the buyer or
lessee on the purchase or lease of the motor
vehicle;
(b) Collect from both the buyer and seller or
both the lessee and lessor a fee for brokerage
services that are for the same transaction;
PHQWE\UXOHXQGHU256
(b) Failed to comply with the requirements
of the vehicle code with reference to notices or
UHSRUWVRIWKHWUDQVIHURIYHKLFOHVRUFDPSHUV
(c) Caused or suffered or is permitting the
XQODZIXOXVHRIDQ\FHUWLÀFDWHRUUHJLVWUDWLRQ
SODWHV

Page 424 (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 

(d) Violated or caused or permitted to be 822.060 Illegal consignment practices;

YLRODWHG256RU penalty; rules. (1) A person who holds a vehi-
 FOHGHDOHUFHUWLÀFDWHLVVXHGRUUHQHZHGXQGHU
 H )DOVHO\ FHUWLÀHG XQGHU 256 
that the dealer is exempt from the require-
PHQWXQGHU256RUWRÀOHD
FHUWLÀFDWHRILQVXUDQFH
(f) Continued to fail to provide clear title
or repeatedly failed to provide clear title in
YLRODWLRQRI256
256RUFRPPLWVWKHRIIHQVH
of illegal consignment practices if the person
GRHVDQ\RIWKHIROORZLQJ
(a) Takes a vehicle on consignment from a
person who does not hold a vehicle dealer cer-
WLÀFDWHLVVXHGRUUHQHZHGXQGHU256
RURUZKRLVQRWOLFHQVHGDVDYHKLFOH
dealer in another jurisdiction, and who does not
 J.QRZLQJO\FHUWLÀHGIDOVHLQIRUPDWLRQ
required by the department on an application
IRUDYHKLFOHGHDOHUFHUWLÀFDWHVXSSOHPHQWDO
FHUWLÀFDWHRUFRUUHFWHGFHUWLÀFDWH
(2) The department shall cancel a vehicle
GHDOHUFHUWLÀFDWHGD\VDIWHUUHFHLSWRIOHJDO
notice that the bond described under ORS
LVFDQFHOHGXQOHVVWKHGHSDUWPHQW
receives proof from the vehicle dealer that the
GHDOHUKDVREWDLQHGDQRWKHUERQG%HWZHHQWKH
day that the department receives notice that
the bond is canceled and the day the vehicle
dealer presents proof of another bond, the vehi-
FOHGHDOHUPD\QRWDFWDVDYHKLFOHGHDOHU
(3) The department shall cancel a vehicle
GHDOHUFHUWLÀFDWHGD\VDIWHUUHFHLSWRIQRWLFH
WKDWWKHFHUWLÀFDWHRILQVXUDQFHUHTXLUHGXQGHU
256LVFDQFHOHGXQOHVVWKHGHSDUW-
ment receives proof from the vehicle dealer
WKDWWKHGHDOHUKDVREWDLQHGDQRWKHUFHUWLÀ-
FDWHRILQVXUDQFH%HWZHHQWKHGD\WKDWWKH
GHSDUWPHQWUHFHLYHVQRWLFHWKDWWKHFHUWLÀFDWH
of insurance is canceled and the day the vehicle
GHDOHUSUHVHQWVSURRIRIDQRWKHUFHUWLÀFDWHRI
insurance, the vehicle dealer may not act as a
YHKLFOHGHDOHU
(4) The department shall cancel a vehicle
GHDOHUFHUWLÀFDWHLPPHGLDWHO\XSRQUHFHLSWRI
notice that zoning approval for the business
KDVEHHQUHYRNHG
(5) Upon revocation, cancellation or sus-
SHQVLRQRIDYHKLFOHGHDOHUFHUWLÀFDWHXQGHU
this section, the department shall recall and
GHPDQGWKHUHWXUQRIWKHFHUWLÀFDWHDQGDQ\
YHKLFOHGHDOHUSODWHVLVVXHG>F†
F†F†F
†F†F†F
†F†F†F
†F†@
822.055 Failure to return revoked, can-
FHOHGRUVXVSHQGHGFHUWLÀFDWHSHQDOW\
(1) A person commits the offense of failure to
return a revoked, canceled or suspended vehicle
GHDOHUFHUWLÀFDWHLIWKH'HSDUWPHQWRI7UDQV-
portation recalls and demands the person to
UHWXUQDQ\FHUWLÀFDWHRUUHJLVWUDWLRQSODWHV
XQGHU256DQGWKHSHUVRQKDVWKRVH
items requested and does not return them to
WKHGHSDUWPHQWZLWKRXWIXUWKHUGHPDQG
(2) The offense described in this section, fail-
ure to return revoked, canceled or suspended
YHKLFOHGHDOHUFHUWLÀFDWHLVD&ODVV$PLVGH-
PHDQRU>F†F†
F†@
Page 425
have proof that the consignor is the registered
owner, a security interest holder or lessor of
WKHYHKLFOH
(b) Takes a vehicle on consignment from a
security interest holder without the security
LQWHUHVWKROGHUÀUVWFRPSOHWLQJDUHSRVVHVVLRQ
action prior to consigning the vehicle and pro-
viding the dealer with proper documentary
SURRIRIWKHUHSRVVHVVLRQDFWLRQ
(c) Takes a vehicle on consignment and
does not have the terms of the consignment
agreement in writing and provide a copy of the
DJUHHPHQWWRWKHFRQVLJQRU7KHDJUHHPHQW
shall include a provision stating that if the
terms of the agreement are not met, the con-
VLJQRUPD\ÀOHDFRPSODLQWLQZULWLQJZLWKWKH
'HSDUWPHQWRI7UDQVSRUWDWLRQ6DOHP2UHJRQ
(d) Sells a vehicle that the dealer has on
consignment and does not pay the consignor
ZLWKLQGD\VRIWKHVDOH
(e) Sells a vehicle that the dealer has on
consignment and does not either provide the
SXUFKDVHUZLWKDFHUWLÀFDWHRIWLWOHWRWKHYHKL-
cle or with other primary ownership records in
the form of documents or apply to the depart-
ment in the purchaser’s name for title to the
vehicle within 30 days of the sale in a manner
SURYLGHGE\WKHGHSDUWPHQWE\UXOH
(f) Does not allow the department or any
duly authorized representative to inspect and
audit any records of any separate accounts into
which the dealer deposits any funds received
or handled by the dealer or in the course of
business as a dealer from consignment sale of
vehicles at such times as the department may
GLUHFW
(g) Takes any part of any money paid to the
dealer in connection with any consignment
transaction as part or all of the dealer’s com-
mission or fee until the transaction has been
FRPSOHWHGRUWHUPLQDWHG
(h) Does not make arrangement for the
disposition of money from a consignment
transaction with the seller at the time of estab-
OLVKLQJDFRQVLJQPHQWDJUHHPHQW
(i) Sells a vehicle that the dealer has taken
RQFRQVLJQPHQWZLWKRXWÀUVWJLYLQJWKHSXU-
FKDVHUWKHIROORZLQJGLVFORVXUHLQZULWLQJ
___________________________________
(2015 Edition)
 OREGON VEHICLE CODE

DISCLOSURE REGARDING (a) An insurance adjuster authorized to do

CONSIGNMENT SALE EXVLQHVVXQGHU256RUZKR
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(Name of Dealer) LVGLVSRVLQJRIYHKLFOHVIRUVDOYDJH
LV VHOOLQJ WKH IROORZLQJ GHVFULEHG YHKLFOH (b) Vehicles or persons exempt from the
______(Year) ______(Make) ______(Model) YHKLFOHGHDOHUFHUWLÀFDWHUHTXLUHPHQWVE\256
B B B B B B9HKLFOH ,GHQWLÀFDWLRQ 1XPEHU RQ DRUL
FRQVLJQPHQW (c) Motor vehicles that are not of a type
 >   @ 7KHUH LV D VHFXULW\ LQWHUHVW LQ WKLV required to be registered under the vehicle
YHKLFOH FRGH
 >@7KHUHLVQRWDVHFXULW\LQWHUHVWLQWKLV
YHKLFOH
<286+28/'7$.($&7,2172(1685(
7+$7$1<6(&85,7<,17(5(676$5(
5(/($6('$1'7+$77+(7,7/(72
7+(9(+,&/(,675$16)(55('72<28
27+(5:,6(<280$<7$.(7,7/(68%-
-(&772$1<816$7,6),('6(&85,7<
,17(5(676
___________________________________
(2) The offense described in this section,
illegal consignment practices, is a Class A
PLVGHPHDQRU
(3) The department shall adopt rules to carry
out the provisions of this section, including but
not limited to rules to specify which persons
may take and sell vehicles on consignment and
to regulate the taking and selling of vehicles
RQFRQVLJQPHQWIURPRWKHUMXULVGLFWLRQV>
F†F†F†
F†F†F†
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822.065 Violation of consigned vehi-
cle transfer; penalty. (1) A person commits
 G7KHKROGHURIDGLVPDQWOHUFHUWLÀFDWH
LVVXHGXQGHU256
(3) The offense described in this section, con-
ducting an illegal vehicle rebuilding business,
LVD&ODVV$PLVGHPHDQRU>F†
F†F†F
†F†F†@
822.075>F†UHSHDOHGE\
F†@
822.080 Procedures for civil penalties
imposed under ORS 822.009; disposition
of moneys. (1) Civil penalties under ORS
VKDOOEHLPSRVHGLQWKHPDQQHUSUR-
YLGHGLQ256
(2) An application for a hearing on a civil
SHQDOW\LPSRVHGXQGHU256
(a) Must be in writing;
(b) Must be postmarked or received by the
Department of Transportation within 20 days
from the date of service of the notice provided
IRULQ256
(c) Must state the name and address of the
person requesting a hearing; and
the offense of violation of a consigned vehi-
cle transfer if the person consigns a vehicle
WRDYHKLFOHGHDOHULVVXHGDFHUWLÀFDWHXQGHU
256DQGWKHSHUVRQIDLOVRUUHIXVHV
WRGHOLYHUWKHFHUWLÀFDWHRIWLWOHRURWKHUSUL-
mary ownership document for the vehicle to
the dealer or purchaser upon sale of the vehicle
XQGHUFRQVLJQPHQWRULIWKHUHLVQRFHUWLÀFDWH
of title or primary ownership record in the form
of a document, fails to comply with rules of the
'HSDUWPHQWRI7UDQVSRUWDWLRQRQFRQVLJQPHQW
(2) The offense described in this section,
violation of a consigned vehicle transfer, is a
&ODVV$PLVGHPHDQRU>F†
F†F†@
822.070 Conducting illegal vehicle
 G0XVWVWDWHWKHDFWLRQEHLQJFRQWHVWHG
(3) Hearings on civil penalties imposed
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administrative law judge assigned from the
2IÀFHRI$GPLQLVWUDWLYH+HDULQJVHVWDEOLVKHG
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(4) The department may, at its option, assign
any unpaid civil penalty to the Department of
5HYHQXHIRUFROOHFWLRQ7KH'HSDUWPHQWRI5HY-
enue shall deduct reasonable expenses from
DQ\DPRXQWVFROOHFWHG
(5) All civil penalties received under ORS
VKDOOEHSDLGLQWRWKH6WDWH7UHDVXU\
each month and credited to the Department
of Transportation Operating Fund estab-
rebuilding business; penalty. (1) A person OLVKHGE\256DQG>F
commits the offense of conducting an illegal ††F†F††
vehicle rebuilding business if the person is not F††F†F
WKHKROGHURIDYDOLGFXUUHQWGHDOHUFHUWLÀFDWH ††@
LVVXHGXQGHU256DQGWKHSHUVRQGRHV
DQ\RIWKHIROORZLQJDVSDUWRIDEXVLQHVV (Recreational Vehicle Dealers)
(a) Buys, sells or deals in assembled, 822.082 “Recreational vehicle service
reconstructed or substantially altered motor IDFLOLW\µGHÀQHGGLVSOD\RIORFDWLRQ(1)
YHKLFOHV As used in this section, “recreational vehicle
 E(QJDJHVLQPDNLQJDVVHPEOHGUHFRQ- VHUYLFHIDFLOLW\µPHDQVDSHUPDQHQWIDFLOLW\
structed or substantially altered vehicles from OLVWHGRQWKHYHKLFOHGHDOHU·VFHUWLÀFDWHDQG
PRWRUYHKLFOHFRPSRQHQWV having the primary purpose of servicing and
UHSDLULQJUHFUHDWLRQDOYHKLFOHV
(2) This section does not apply to the follow-
LQJSHUVRQVRUYHKLFOHV (2) A business that sells a new recreational
vehicle must prominently display at the sale
site the name under which the business is

3DJH (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 
being conducted and the location of the recre-
ational vehicle service facility that is listed in
WKHGHDOHUFHUWLÀFDWHDSSOLFDWLRQGHVFULEHGLQ
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law by the Legislative Assembly but were not
added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legis-
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 ´6KRZµGHÀQHGFRQGLWLRQVIRU
participation in show. (1) As used in this
VHFWLRQ´VKRZµPHDQVDVLWHZKHUHUHFUHDWLRQDO
vehicles are temporarily displayed and offered
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used to display recreational vehicles for more
than 10 days or that is a place of business listed
RQDVXSSOHPHQWDOFHUWLÀFDWHLVVXHGXQGHU256

(2) A recreational vehicle dealer may not
participate in a show conducted at a site that
the transfer or assignment of any right or inter-
est in the motor vehicle or any right under the
lease contract or security agreement;
(c) The person is not a party to the lease
contract or security agreement;
(d) The person does not obtain, prior to the
transfer or assignment, written consent from
the lessor or secured party as appropriate; and
(e) The person receives compensation
or other consideration for the transfer or
DVVLJQPHQW
(2) The offense described in this section,
unlawful subleasing of a motor vehicle, is a
&ODVV$PLVGHPHDQRU>F†@
TRANSFER OF VEHICLES
BY LIEN CLAIMANTS
822.093 Sale of vehicles involving pos-
sessory liens; records; rules; penalty. (1)
is more than 50 miles from the dealer’s place of
EXVLQHVVOLVWHGLQWKHGHDOHUFHUWLÀFDWHDSSOLFD-
WLRQGHVFULEHGLQ256XQOHVVWKHVKRZ
includes a display by at least two recreational
vehicle dealers and the dealer obtains a show
license from the Department of Transportation
DVGHVFULEHGLQ256>F†@
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822.084 Show license; fee; rules. (1) A
SHUVRQZKRRUJDQL]HVDVKRZDVGHÀQHGLQ
256VKDOODSSO\WRWKH'HSDUWPHQW
of Transportation at least 30 days prior to the
commencement of the show for a show license
for each recreational vehicle dealer participat-
LQJLQWKHVKRZ7KHDSSOLFDWLRQPXVWLQFOXGH
for each dealer participating in the show the
name under which the business is being con-
ducted and the street address, city and county
of the dealer’s place of business, both as listed
LQWKHGHDOHUFHUWLÀFDWHDSSOLFDWLRQGHVFULEHG
LQ256
(2) A person who receives a show license
from the department shall pay the fee for a
VKRZOLFHQVHHVWDEOLVKHGXQGHU256
(3) The department may adopt all rules nec-
essary and proper for the administration and
HQIRUFHPHQWRI256WR>
F†F†@
Note6HHQRWHXQGHU
SUBLEASING VEHICLES
822.090 Unlawful subleasing of motor
vehicle; penalty. (1) A person commits the
offense of unlawful subleasing of a motor vehi-
FOHLI EHLPSRVHGDVSURYLGHGLQ256>
(a) The person transfers or assigns, purports
to transfer or assign or knowingly assists in the
transfer or assignment or purported transfer or
assignment of any right or interest in the motor
1RWZLWKVWDQGLQJ256NRU/D
lien claimant who sells or offers for sale vehi-
cles being sold to foreclose possessory liens,
or sells or offers for sale vehicles acquired
through possessory liens, shall keep records
VXIÀFLHQWWRHVWDEOLVKWKDWDOOYHKLFOHVEHLQJ
sold or offered for sale were acquired by the
OLHQFODLPDQWDVWKHUHVXOWRIDSRVVHVVRU\OLHQ
Records kept in accordance with this subsec-
tion must be made available to the Department
RI7UDQVSRUWDWLRQRQUHTXHVW
(2) The department may adopt such rules
as are necessary to carry out the provisions of
this section, including but not limited to rules
WKDW
(a) Specify the form in which the records
must be kept, how the records must be main-
tained and the period for which they must be
UHWDLQHG
(b) Specify how the records will be provided
WRWKHGHSDUWPHQWLIUHTXHVWHG
(c) Specify how lien claimants will notify the
department when vehicles are sold to foreclose
possessory liens and when vehicles acquired
WKURXJKSRVVHVVRU\OLHQVDUHVROG
(3) Rules adopted under this section shall be
developed in consultation with representatives
of those lien claimants who may be affected by
this section, including but not limited to towing
EXVLQHVVRSHUDWRUV
(4) The department may impose a civil pen-
alty, in an amount not to exceed $1,000 for each
violation, against any person who violates this
section or any rules adopted by the depart-
PHQWXQGHUWKLVVHFWLRQ&LYLOSHQDOWLHVVKDOO
F†F†F†@
822.094 Transfer by lien claimant. A
sale, consignment or other transfer by a lien
claimant does not constitute a sale for purposes
vehicle or under the lease contract or security
agreement to a person who is not a party to
the lease contract or security agreement;
(b) The motor vehicle is subject to a lease
contract or security agreement that prohibits
RI256/LIWKHVDOHFRQVLJQPHQW
or other transfer is to the holder of a current,
YDOLGGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256
RUWRWKHKROGHURIDFXUUHQWYDOLG
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Page 427 (2015 Edition)

 OREGON VEHICLE CODE

>F†F† (d) The person delivers to the department

F†F†@ any approvals by local governments required
XQGHU256
DISMANTLERS (e) The person delivers to the department a
bond or letter of credit that meets the require-
822.100 Conducting a motor vehicle dis- PHQWVRI256
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penalties. (1) A person commits the offense (2) The department may refuse to issue a
of conducting a motor vehicle dismantling GLVPDQWOHUFHUWLÀFDWHWRDSHUVRQLI
EXVLQHVVZLWKRXWDFHUWLÀFDWHLIWKHSHUVRQ (a) The person has previously had a disman-
performs any actions of a dismantler and is WOHUFHUWLÀFDWHRULGHQWLÀFDWLRQFDUGUHYRNHG
not the holder of a valid, current dismantler FDQFHOHGRUVXVSHQGHGXQGHU256RU
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(b) The department determines that the
(2) The offense described in this section does application contains false or misleading
not apply to persons or vehicles exempted from LQIRUPDWLRQ
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(3) The department may issue a duplicate
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ducting a motor vehicle dismantling business RUGHVWUR\HGDQRULJLQDOGLVPDQWOHUFHUWLÀFDWH
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 ,QDGGLWLRQWRWKHSHQDOW\GHVFULEHGLQ (a) Has complied with the requirements of
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of Transportation may impose a civil penalty of
not more than $5,000 on a person who conducts  E,VZLWKLQWKHUHQHZDOSHULRGRIWKHRULJ-
a motor vehicle dismantling business without LQDOGLVPDQWOHUFHUWLÀFDWH>F†
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tion shall be imposed in the manner provided †F†@
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  ([HPSWLRQ IURP FHUWLÀFDWH the Department of Transportation under ORS
requirement. ,Q DGGLWLRQ WR H[HPSWLRQV RUIRUUHQHZDORIDFHUWLÀFDWHXQGHU
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IROORZLQJ
(1) An insurance adjuster authorized to do
EXVLQHVVXQGHU256RUZKR (1) A full statement of the name of the person
LVGLVSRVLQJRIYHKLFOHVIRUVDOYDJH DSSO\LQJIRUWKHFHUWLÀFDWHZLWKWKHSHUVRQ·V
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(2) Road rollers, farm tractors, trolleys or
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WKH QDPH RI WKH ÀUP RU SDUWQHUVKLS ZLWK
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as provided in subsection (2) of this section, location of the place or places at which the
the Department of Transportation shall issue EXVLQHVVLVWREHFDUULHGRQDQGFRQGXFWHG
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(a) The person establishes that the area in QXPEHU
which the business is located and the place of
business to be approved under the dismantler  $Q\RWKHUUHOHYDQWLQIRUPDWLRQUHTXLUHG
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tling business are zoned for industrial use or †F†F†F
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permits the type of business conducted by the 822.120 Bond or letter of credit require-
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(b) The person pays the fee required under and surety. (1) A bond or letter of credit
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(c) The person completes the application for
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 act business within this state, or as to a letter
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Page 428 (2015 Edition)

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 E([HFXWHGWRWKH6WDWHRI2UHJRQ (c) Obtains local government approval under

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(d) Approved as to form by the Attorney
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(2) Any person shall have a right of action
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and the surety on the holder’s bond or the dis-
mantler’s letter of credit issuer if the person
suffers any loss or damage by reason of the cer-
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The holder of a current, valid dismantler cer-
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to the prohibitions and penalties under ORS
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dismantling business is conducted in the loca-
requirement that an applicant for renewal
obtain local government approval under ORS
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establish, maintain or operate a motor vehicle
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(d) Maintains a current bond that meets the
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(4) The department may provide the holder
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cards in the names of the owners of the busi-
ness or in the names of authorized employees
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822.130 Inspection of books, records,
inventory and premises. (1) The Depart-
ment of Transportation may inspect the books,
records and inventory of and the premises used
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IRUWKHSXUSRVHRIGHWHUPLQLQJFRP-
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(a) Those laws regulating the issuance of
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(b) Requirements for records under ORS
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may expand the dimensions or move a place
of business approved under the dismantler
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(a) The department shall grant a supple-
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under this subsection if the applicant obtains business. $VXVHGLQWKLVVHFWLRQ
local government permission for the supple-
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(b) Upon application for renewal of the sup-
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waive the requirement that an applicant for
renewal under this subsection obtain local
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vehicle, the frame or unibody of which is
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resembles any particular year, model or make
of motor vehicle and is less than half of the
motor vehicle’s original volume as measured
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the suitability of the applicant to establish,
maintain or operate a motor vehicle disman-
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(c) A fee shall be charged for a supplemental
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semble, damage or substantially alter a motor
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(A) With the intent of rendering the vehicle
permanently inoperable;
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a three-year period and may be renewed as
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256
(b) Completes the application described in
256
(B) To the extent that the cost of repairing
the vehicle exceeds the actual cash value of the
vehicle prior to the damage; or
repairing the vehicle and the salvage value of
the vehicle in its damaged condition exceeds
the actual cash value of the vehicle in its
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Page 429 (2015 Edition)

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vehicle into a crushed motor vehicle and is F†@
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 G´:UHFNHGYHKLFOHµPHDQVDPRWRUYHKLFOH vehicle dismantling business; penalty. (1)
(A) That is destroyed, or is acquired with A person commits the offense of improperly
the intent to destroy, and that will never be conducting a motor vehicle dismantling busi-
operated as a motor vehicle; or QHVVLIWKHSHUVRQKROGVDGLVPDQWOHUFHUWLÀFDWH
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(B) That has sustained damage to an extent DQ\RIWKHIROORZLQJ
that the vehicle may not lawfully be operated
RQWKHKLJKZD\VRIWKLVVWDWH (a) Fails to permanently exhibit a dismantler
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 ,QWKHRSHUDWLRQRIDPRWRUYHKLFOHGLV- DWDOOWLPHVZKLOHWKHFHUWLÀFDWHLVLQIRUFH
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(a) Must physically separate or visually label
a wrecked vehicle in a manner that readily
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vehicle if the dismantler takes possession of
the wrecked vehicle without immediately
obtaining an ownership record or salvage title
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visually identify a wrecked vehicle pursuant
 E([SDQGVWKHGLPHQVLRQVRIRUPRYHVDQ\
of the person’s places of business or opens any
additional places of business without obtaining
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(c) Fails to maintain records at the person’s
established place of business that record and
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to this subsection if the vehicle is subject to an
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(b) May not remove parts from or destroy a
 $(YHU\PRWRUYHKLFOHSXUFKDVHGWUDQV-
ferred, wrecked, dismantled, disassembled or
substantially altered by the person;
(B) The name and address of the person to
and from whom the vehicle was transferred;
motor vehicle prior to obtaining an ownership
UHFRUGRUVDOYDJHWLWOHFHUWLÀFDWHIRUWKHYHKLFOH
(c) Must demolish the registration plates of
a wrecked vehicle at the time the ownership
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(d) Must notify the Department of Trans-
 &7KHYHKLFOHLGHQWLÀFDWLRQQXPEHUDQG
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vehicle; and
(D) A statement indicating any such num-
bers or marks that have been obliterated,
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portation of any changes in the information
provided to the department in the application
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(e) Must furnish a written report to the
department, in a form established by the
department by rule, after a wrecked vehicle
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(3)(a) A dismantler using a mobile motor
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(A) Hold a current, valid dismantler certif-
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(B) Conspicuously display on the mobile
motor vehicle crusher the name of the disman-
tler’s business as listed on the dismantler’s
application submitted pursuant to ORS
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(C) Comply with all of the applicable stat-
utes and rules regulating dismantlers at
each location where the dismantler uses the
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is using a mobile motor vehicle crusher at a
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cate, the dismantler who holds the dismantler
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ble for complying with all statutes and rules
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surrender to the Department of Transporta-
tion, within 30 days after the date the person
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primary ownership document or ownership
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delivered to the person under the provisions
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(e) Refuses, at any time, to allow a police
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inspect the books, records, inventory or prem-
ises of the person’s motor vehicle dismantling
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(f) Fails to maintain, for the purposes of the
person’s motor vehicle dismantling business,
a building or an enclosure or other barrier at
least six feet in height that is constructed,
established or formed in compliance with rules
DGRSWHGE\WKHGHSDUWPHQW
(g) Fails to keep the premises on the out-
side of the establishment clear and clean at
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(h) Conducts any wrecking, dismantling or
altering of vehicles outside the building, enclo-
VXUHRUEDUULHURQWKHSUHPLVHVRIWKHEXVLQHVV
 E,IDGLVPDQWOHULVXVLQJDPRELOHPRWRU (i) Stores or displays any motor vehicles or
vehicle crusher at a temporary location for 15 major component parts or conducts the motor
consecutive business days or less, the disman- vehicle dismantling business outside of the
tler is exempt from obtaining a supplemental

Page 430 (2015 Edition)

 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 

building, enclosure or barrier of the place of
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( j) Fails to immediately file with the
department, upon transfer of a wrecked or
dismantled motor vehicle, the form furnished
by the department to report the date of trans-
fer, a description of the vehicle, the name and
address of the purchaser and other informa-
tion respecting the vehicle required by the
GHSDUWPHQW
transfer cases, cabs, doors, differentials, front
or rear clips, quarter panels, truck beds or
ER[HVKRRGVEXPSHUVIHQGHUVDQGDLUEDJV
The Department of Transportation may by
rule designate other motor vehicle parts not
VSHFLÀHGLQWKLVVXEVHFWLRQDVPDMRUFRPSRQHQW
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cores or parts of cores that require remanufac-
turing or that are limited in value to that of
VFUDSPHWDO
 N([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
paragraph, fails to keep the business hidden
or adequately screened by the terrain or other
natural objects or by plantings, fences or other
appropriate means so as not to be visible
from the main traveled way of the highway
in accordance with the rules of the Director
RI7UDQVSRUWDWLRQ7KLVSDUDJUDSKGRHVQRW
DSSO\WRDEXVLQHVVWKDWLV (b) Possesses, sells or otherwise disposes
(A) Located in an area zoned for industrial
use under authority of the laws of this state;
or
(B) A business established before June 30,

 ,QDGGLWLRQWRDQ\RWKHUSHQDOW\SUR-
vided by law, the department may impose on
a dismantler, in the manner provided by ORS
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(a) Acquires a motor vehicle or major com-
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VDOHDQGLIDSSOLFDEOHDFHUWLÀFDWHRIWLWOH
of a motor vehicle or any part of a motor vehi-
cle knowing that the vehicle or part has been
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(c) Sells, buys, receives, conceals, possesses
or disposes of a motor vehicle or any part of
 /([SDQGVRUPRYHVDQ\SODFHRIEXVLQHVV
DSSURYHGXQGHUDGLVPDQWOHUFHUWLÀFDWHRU
opens any additional locations for the business
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(m) Fails to allow the department to conduct
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(n) Fails to deploy or remove any air bag
containing sodium azide from a vehicle before
a motor vehicle having a missing, defaced,
intentionally altered or covered vehicle iden-
WLÀFDWLRQQXPEHUXQOHVVGLUHFWHGWRGRVRE\
DODZHQIRUFHPHQWRIÀFLDO
(d) Commits forgery in the second degree,
DVGHÀQHGLQ256RUPLVVWDWHVD
PDWHULDOIDFWUHODWLQJWRDFHUWLÀFDWHRIWLWOH
registration or other document related to a
motor vehicle that has been reassembled from
SDUWVRIRWKHUPRWRUYHKLFOHV
WKHYHKLFOHLVZUHFNHGRUGLVPDQWOHG  H)UDXGXOHQWO\REWDLQVFUHDWHVRUPRGLÀHV
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(o) Fails to ensure that an air bag contain-
ing sodium azide that has been removed from  I)DLOVWRPDLQWDLQUHFRUGVDWWKHFHUWLÀHG
a vehicle is deployed within seven days of place of business for three years from the date
removal unless the air bag is properly stored of acquisition of a motor vehicle that describe
by a motor vehicle dealer, automobile repair DQGLGHQWLI\WKHYHKLFOHLQFOXGLQJ
IDFLOLW\ RU GLVPDQWOHU FHUWLÀHG XQGHU 256  $7KHFHUWLÀFDWHRIWLWOHQXPEHU
 (B) The state where the vehicle was last
(2) The offense described in this section, registered, if applicable;
improperly conducting a motor vehicle dis- (C) The number of the last registration plate
PDQWOLQJEXVLQHVVLVD issued and the state of issuance, if applicable;
(a) Class A misdemeanor if the person vio- (D) The year, make and model of the vehicle;
ODWHVVXEVHFWLRQDWRPRIWKLVVHFWLRQ
 (7KHYHKLFOHLGHQWLÀFDWLRQQXPEHU
(b) Class D violation if the person violates
VXEVHFWLRQQRURRIWKLVVHFWLRQ
(c) Class C misdemeanor, notwithstanding
paragraph (b) of this subsection, if the person
violates subsection (1)(n) or (o) of this section
and the person has two or more previous con-
victions for violating subsection (1)(n) or (o) of
(F) The date acquired;
(G) The vehicle, stock or yard number
assigned to the vehicle by the dismantler; and
(H) Any other information required by the
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WKLVVHFWLRQ>F†F†
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822.137 Dismantler conduct resulting
in civil penalty; rules. (1) As used in this
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 J)DLOVWRPDLQWDLQUHFRUGVDWWKHFHUWLÀHG
place of business for three years from the date
of acquisition of a major component part that
GHVFULEHDQGLGHQWLI\WKHSDUWLQFOXGLQJ
(A) The physical characteristics of the part;
(B) The stock or yard number assigned to
the part by the dismantler;
VLJQLÀFDQWSDUWVRIDPRWRUYHKLFOHVXFKDV  &7KHYHKLFOHLGHQWLÀFDWLRQQXPEHURIWKH
engines, short blocks, frames, transmissions, motor vehicle from which the part came; and

Page 431 (2015 Edition)

 OREGON VEHICLE CODE

(D) Any other information required by the
GHSDUWPHQW
(h) Commits a dishonest act or omission
during the sale of a motor vehicle or major
component part that, as determined by the
GHSDUWPHQWFDXVHVDORVVWRWKHSXUFKDVHU
(e) May establish zones in which motor vehi-
cle dismantling businesses are permissible and
other zones where they are prohibited; and
(f) May prescribe limitations on the dimen-
sions of the premises on which motor vehicle
GLVPDQWOLQJEXVLQHVVHVDUHFRQGXFWHG
 L,VFRQYLFWHGRIDFULPHLQYROYLQJIDOVH
statements or dishonesty that directly relates
to the business of the dismantler or suffers any
civil judgment imposed for conduct involving
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(j) Fails to comply with any provision of ORS
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822.140 Local government approval
requirements. (1) To meet the requirement
for local government approval of a dismantler
(4) Regulations of a city governing body that
are adopted under this section apply to motor
vehicle dismantling businesses located outside
of and within six miles of the boundaries of the
city unless the county governing body in which
the area is located has adopted regulations
under this section that are applicable in the
DUHD>F†F†
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822.145 Imposition of sanctions; rules.
FHUWLÀFDWHXQGHU256RUDVXSSOHPHQ-
WDOFHUWLÀFDWHXQGHU256DQDSSOLFDQW
must comply with any regulations established
by a city or county under this section and must
obtain the approval of the governing body of
WKH WDOGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256
(a) City, if the business is or will be carried
on within an incorporated city of less than
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(b) County, if the business is or will be car-
,QDGGLWLRQWRDQ\RWKHUSHQDOW\SURYLGHG
by law, the Department of Transportation
may impose sanctions on any person holding
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RULGHQWLÀFDWLRQFDUGRUVXSSOHPHQ-
LQFOXGLQJEXWQRWOLPLWHGWRSUREDWLRQ
or suspension, revocation or cancellation of the
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the department determines at any time for due
FDXVHWKDWDQ\RIWKHIROORZLQJKDVRFFXUUHG
ULHGRQRXWVLGHRIDQ\LQFRUSRUDWHGFLW\  D7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(2) A city or county governing body shall failed to comply with any requirements for
JUDQWDSSURYDORIDGLVPDQWOHUFHUWLÀFDWHRU UHJLVWUDWLRQRIYHKLFOHVXQGHUWKHYHKLFOHFRGH
renewal when requested under this section if  E7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
WKHJRYHUQLQJERG\ YLRODWHG 256   
(a) Approves the applicant as being suitable 
to establish, maintain or operate a motor vehi- RU
cle dismantling business;  F7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(b) Determines that the location or proposed caused or suffered or is permitting the unlaw-
location meets the requirements for location IXOXVHRIWKHGLVPDQWOHUFHUWLÀFDWH
XQGHU256  G7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(c) Determines that the location does not violated any regulation adopted under ORS
YLRODWHDQ\SURKLELWLRQXQGHU256 
and  H7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(d) Approves the location and determines failed to allow the department to conduct
that the location complies with any regulations LQVSHFWLRQVDVSURYLGHGXQGHU256
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(3) The governing body of a city or county
may regulate the expansion of premises or the
establishment of premises at a new location
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must comply with the regulations before the
Department of Transportation may issue a sup-
SOHPHQWDOGLVPDQWOHUFHUWLÀFDWH,QDGRSWLQJ
regulations under this subsection, a governing
ERG\ XQGHU256RU
(a) Shall consider the extent of development
of surrounding property as a residential area;
(b) Shall consider the proximity of churches,
schools, hospitals, public buildings or other
places of public gathering;
 I7KHSHUVRQKROGLQJDQLGHQWLÀFDWLRQFDUG
has unlawfully used or permitted unlawful use
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(2) The department shall cancel or suspend
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(a) Upon receipt of legal notice that the bond
GHVFULEHGXQGHU256LVFDQFHOHGRU
(b) For failure to pay any penalty imposed
(3) Upon revocation, cancellation or suspen-
VLRQRIDGLVPDQWOHUFHUWLÀFDWHRULGHQWLÀFDWLRQ
card under this section, the department shall
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 F6KDOOFRQVLGHUWKHVXIÀFLHQF\LQQXPEHU
of other motor vehicle dismantling businesses
in the vicinity;
(d) Shall consider the health, safety and
general welfare of the public;
 ,IWKHGHSDUWPHQWKDVUHDVRQWREHOLHYH
that a person has engaged in or is engaging
LQDQ\DFWLYLW\SURKLELWHGXQGHU256
the department may issue an order directed at
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Page 432 (2015 Edition)

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(5) The department shall adopt rules estab- $PLVGHPHDQRU>F†F

lishing sanctions authorized by subsection (1)
RIWKLVVHFWLRQ>F†F
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822.150 Failure to return revoked,
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commits the offense of failure to return a
revoked, canceled or suspended dismantler
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ment of Transportation recalls and demands
WKHSHUVRQWRUHWXUQDFHUWLÀFDWHRUFDUGXQGHU
256DQGWKHSHUVRQGRHVQRWUHWXUQ
WKHFHUWLÀFDWHRUFDUGWRWKHGHSDUWPHQW
†F††D@
 &HUWLÀFDWHTXDOLÀFDWLRQVIHH
The Department of Transportation shall issue
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the person meets all of the following require-
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(1) The person must complete an application
in a form and in the manner established by the
GHSDUWPHQWE\UXOH
(2) The person must maintain insurance in
amounts and providing coverage of the type
required for motor carriers under ORS chapter
DQGGHOLYHUDFHUWLÀFDWHRILQVXUDQFHWRWKH
GHSDUWPHQW
(2) The offense described in this section, fail-  7KHFHUWLÀFDWHRILQVXUDQFHUHTXLUHG
ure to return a revoked, canceled or suspended
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TOWING BUSINESSES
822.200 Operating illegal towing busi-
ness; exceptions; penalties. (1) A person
commits the offense of operating an illegal
towing business if the person does not hold a
FHUWLÀFDWHLVVXHGXQGHU256DQGWKH
SHUVRQGRHVDQ\RIWKHIROORZLQJ of the policy and to continue to be liable under
XQGHUVXEVHFWLRQRIWKLVVHFWLRQPXVW
(a) Be issued by an insurance company
licensed to do business in this state;
(b) Show that the person is insured by a
policy that provides the minimum amount and
limits of coverage required under ORS chapter
825;
(c) Contain the policy number; and
(d) Require the insurance company to give
the department written notice of cancellation
the policy until the department receives the
 D(QJDJHVLQWKHWRZLQJRUUHFRYHULQJRI
vehicles by any means for any direct or indirect
compensation when the vehicle being towed
or recovered is owned by a person other than
the person performing the towing or recovery
DFWLYLW\
written notice or until the cancellation date
VSHFLÀHGLQWKHZULWWHQQRWLFHZKLFKHYHULV
ODWHU
(4) The person must maintain insurance
providing $50,000 coverage for cargo trans-
SRUWHGE\WKHSHUVRQDQGGHOLYHUDFHUWLÀFDWH
 E(QJDJHVLQWRZLQJRUUHFRYHULQJE\DQ\
means, as part of any business operation of the
person, vehicles that are wrecked, damaged,
GLVDEOHGRUDEDQGRQHGRUUHSODFHPHQWYHKLFOHV
(c) Purports in any way to be engaged in the
business of performing activities described in
WKLVVXEVHFWLRQ
(2) This section does not apply to any of the
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(a) Persons operating under and within the
VFRSHRIDYHKLFOHWUDQVSRUWHUFHUWLÀFDWHLVVXHG
XQGHU256
RILQVXUDQFHWRWKHGHSDUWPHQW$QDSSOLFDQW
is not required to comply with this subsection
if the applicant tows or recovers only vehicles
WKDWDUHRZQHGE\WKHDSSOLFDQW
(5) The person must maintain vehicles used
by the person for the purposes of towing or
recovering services so that they meet minimum
safety standards established by the depart-
FHUWLÀFDWLRQRIWKHSHUVRQDVHYLGHQFHRIFRP-
pliance with this subsection or may require
other evidence, as the department determines
DSSURSULDWH
(b) A person who provides assistance to  7KHFHUWLÀFDWHRILQVXUDQFHUHTXLUHG
another motorist, whether or not compensation
is received, if the assistance is not provided as
part of the business operation of the person
SURYLGLQJWKHDVVLVWDQFH
(c) A person engaging in any activity relat-
ing to a vehicle in which that person holds a
VHFXULW\LQWHUHVW
(d) An employee of a person issued a towing
EXVLQHVVFHUWLÀFDWHXQGHU256ZKLOH
WKDWHPSOR\HHLVSHUIRUPLQJRIÀFLDOGXWLHVDV
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(e) A person who holds a valid dismantler
FHUWLÀFDWHXQGHU256ZKRWRZVDYHKL-
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(3) The offense described in this section,
operating an illegal towing business, is a Class
Page 433
XQGHUVXEVHFWLRQRIWKLVVHFWLRQPXVW
(a) Be issued by an insurance company
licensed to do business in this state;
(b) Show that the person is insured by a
policy that provides the minimum amount and
limits of coverage required under ORS chapter
825;
(c) Contain the policy number; and
(d) Require the insurance company to give
the department written notice of cancellation
of the policy and to continue to be liable under
the policy until the department receives the
written notice or until the cancellation date
VSHFLÀHGLQWKHZULWWHQQRWLFHZKLFKHYHULV
ODWHU
(2015 Edition)
 OREGON VEHICLE CODE

(7) The person must pay the fee required  G7KHKROGHURIWKHWRZLQJEXVLQHVVFHUWLÀ-

XQGHU256IRULVVXDQFHRIDWRZLQJ cate operates in accordance with the provisions
EXVLQHVVFHUWLÀFDWH>F† RI256FKDSWHU
F†F†F† (2) A tow vehicle that is used to transport
F†@ property for hire other than as described in
822.210 Privileges granted by certif- 256LVVXEMHFWWRWKHZHLJKWPLOHWD[
icate; duration; renewal; regulation of LPSRVHGXQGHU256>F†@
holder. (1) The holder of a current, valid NoteZDVDGGHGWRDQGPDGHD
WRZLQJEXVLQHVVFHUWLÀFDWHLVVXHGXQGHU256 part of the Oregon Vehicle Code by legislative
PD\H[HUFLVHWKHIROORZLQJSULYLOHJHV action but was not added to ORS chapter 822
XQGHUWKHFHUWLÀFDWH RUDQ\VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
(a) The person and any employee of the 5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
SHUVRQZKRLVSHUIRUPLQJRIÀFLDOGXWLHVDUH 822.215 Grounds for denial, suspension,
not subject to the prohibitions and penalties UHYRFDWLRQRUUHIXVDORIFHUWLÀFDWHThe
XQGHU256 Department of Transportation may deny or
(b) The person is entitled to receive special UHIXVHWRLVVXHDQ\WRZLQJEXVLQHVVFHUWLÀFDWH
LQGLFLDRIWRZLQJEXVLQHVVUHJLVWUDWLRQ7KH XQGHU256RUPD\VXVSHQGUHYRNH
following apply to indicia described in this or refuse to renew any towing business certif-
SDUDJUDSK icate issued upon proof that the applicant for
 $7KHKROGHURIWKHFHUWLÀFDWHRUDSHUVRQ
LQ WKH SHUIRUPDQFH RI WKH SHUVRQ·V RIÀFLDO
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(i) For towing and recovering vehicles; and
(ii) For towing unregistered vehicles over
WKHKLJKZD\VRIWKLVVWDWHZLWKRXWÀUVWREWDLQ-
ing registration for the vehicles or trip permits
UHTXLUHGXQGHU256
(B) The indicia shall be of the design pro-
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payment of fees for issuance as provided under
256
RUKROGHURIWKHFHUWLÀFDWHKDVGRQHDQ\RIWKH
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(1) Used fraud or deception in securing the
(2) Received in any manner or by any device
any rebate or other additional fee for towing or
recovery from a person who performs repairs
RQDYHKLFOHZKRGRHVQRWDOVRRZQWKHYHKLFOH
This subsection does not prohibit the payment
of the towing fee by a person who performs
repairs on a vehicle if the fee is included in
the charges by that person for repairs on the
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(3) Used vehicles for the purposes of towing
 $WRZLQJEXVLQHVVFHUWLÀFDWHH[SLUHVRQH
\HDUIURPWKHGDWHRILVVXDQFHXQOHVVUHQHZHG
$FHUWLÀFDWHKROGHUPD\UHQHZWKHFHUWLÀFDWH
by payment of the fee for renewal of a towing
EXVLQHVVFHUWLÀFDWHXQGHU256$
SHUVRQZKRVHFHUWLÀFDWHH[SLUHVPXVWTXDOLI\
IRUDFHUWLÀFDWHLQWKHVDPHPDQQHUDVDSHUVRQ
ZKRKDVQRWSUHYLRXVO\KHOGDFHUWLÀFDWH
(3) The holder of a towing business cer-
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or recovering services that did not meet the
minimum safety standards established by the
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(4) Failed to display special towing business
registration plates, stickers or indicia or iden-
WLÀFDWLRQGHYLFHVIRUSURSRUWLRQDOO\UHJLVWHUHG
WRZYHKLFOHVDXWKRUL]HGXQGHU256RQ
HDFKYHKLFOHXVHGWRWRZRUUHFRYHUYHKLFOHV
(5) Failed to maintain the amounts and
types of insurance required to qualify for
LVVXDQFHRIDWRZLQJEXVLQHVVFHUWLÀFDWHXQGHU
256
F†F†F†@  )DLOHGWRREWDLQDQ\SHUPLWVRUDXWKRULW\
822.213 Transporting property for hire. required under any provision of ORS chapter
,QDGGLWLRQWRWKHSULYLOHJHVGHVFULEHGXQGHU RUUXOHVDGRSWHGWKHUHXQGHU
256WKHKROGHURIDFXUUHQWYDOLG  9LRODWHGDQ\SURYLVLRQRI256RU
WRZLQJEXVLQHVVFHUWLÀFDWHLVVXHGXQGHU256 RUDUXOHDGRSWHGXQGHU256
PD\XVHDWRZYHKLFOHWRWUDQVSRUW >F†F†F
property for hire other than as described in †F†@
256LI 822.217 Proportional registration for
(a) The tow vehicle is used primarily for tow vehicles; rules. (1) Any person who
WKHSXUSRVHVGHVFULEHGLQ256LQD TXDOLÀHV XQGHU 256  IRU D WRZLQJ
PDQQHUVSHFLÀHGE\WKHGHSDUWPHQWE\UXOH EXVLQHVVFHUWLÀFDWHPD\FKRRVHWRUHJLVWHU
(b) The tow vehicle has a combined weight TXDOLÀHGYHKLFOHVXQGHUWKHSURSRUWLRQDOUHJ-
RISRXQGVRUPRUH LVWUDWLRQSURYLVLRQVRI256RU
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHFWLRQ
(c) The holder of the towing business cer- WRZYHKLFOHVUHJLVWHUHGXQGHU256
WLÀFDWHKDVVXEPLWWHGDGHFODUDWLRQRIZHLJKW RUDUHVXEMHFWWRWKHVDPHUHTXLUH-
XQGHU256DQGKDVUHJLVWHUHGWKHWRZ ments, conditions and privileges as other
YHKLFOHXQGHU256DQG YHKLFOHVUHJLVWHUHGXQGHUWKRVHVHFWLRQV7RZ
vehicle proportional registration is subject to
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Page 434 (2015 Edition)

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the applicant must certify in a manner deter-
mined by the Department of Transportation by
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VSHFLÀHGLQ256
(b) The applicant must hold a towing busi-
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(2) A person commits the offense of failure
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with a tow vehicle or wrecker if the person is
operating a wrecker or tow vehicle engaged
in the salvaging of another vehicle and the
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(a) Determine that the salvaging operation
requires stopping the wrecker or tow vehicle
 F,QDGGLWLRQWRDQ\DSSOLFDWLRQIRUUHQHZDO
RIUHJLVWUDWLRQUHTXLUHGE\256RU
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istration for a tow vehicle, the applicant shall
certify to the department that the applicant
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(d) The department shall issue appropriate
LGHQWLÀFDWLRQGHYLFHVIRUSURSRUWLRQDOO\UHJLV-
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shall be as determined by the department by
rule and the fees for such devices are as pro-
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(b) Place warning signs or signals as pre-
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GLVWDQFHLQHDFKGLUHFWLRQXSRQWKHURDGZD\
(c) Activate tow vehicle warning lights
GHVFULEHGLQ256
(3) The offense described in this section,
failure to take precautions when obstructing
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822.225 Failure to remove injurious
substance; penalty. (1) A person commits
 H$QLGHQWLÀFDWLRQGHYLFHIRUSURSRUWLRQDOO\
registered tow vehicles is subject to cancella-
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(2) A vehicle that has been issued tow vehi-
cle proportional registration may be used only
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Violation of this subsection is punishable as
SURYLGHGLQ256IRURSHUDWLQJDQLOOH-
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 &DQFHOODWLRQRILGHQWLÀFDWLRQ
device for proportionally registered tow
vehicle. (1) The Department of Transporta-
tion shall have the authority to investigate and
verify information provided in conjunction with
application for proportional registration of a
WRZYHKLFOHXQGHU2567KHGHSDUW-
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a proportionally registered tow vehicle if the
department determines that the owner or
lessee of the vehicle, or an employee of either,
KDV (a) Regulate an aspect of a towing busi-
(a) Operated the vehicle in violation of tow
vehicle registration limits;
the offense of tow vehicle operator failure to
remove injurious substance if the person is
operating a tow vehicle that is removing a
wrecked or damaged vehicle from a highway
and the person fails to remove any glass or
other injurious substance dropped upon the
KLJKZD\IURPVXFKYHKLFOH
(2) The offense described in this section, tow
vehicle operator failure to remove injurious
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822.230 City or county regulation of
towing businesses. (1) Notwithstanding
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vided in subsection (2) of this section, a city or
county may, by charter or ordinance, regulate
towing businesses if the city or county charter
or ordinance provisions pertain only to towing
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(b) Regulate an aspect of the towing busi-
 E)DOVHO\FHUWLÀHGDQDSSOLFDWLRQUHTXLUHG
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registration of a proportionally registered tow
vehicle; or
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ordinance are more stringent than those of the
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sition of any license fee or tax on a towing
 ,IDWRZYHKLFOHSURSRUWLRQDOUHJLVWUDWLRQ
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tion, the vehicle is not eligible for registration
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822.220 Authorization to obstruct traf-
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(1) The operator of a wrecker or tow vehicle
may stop the wrecker or tow vehicle where it
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(3) The governing body of a city or county
may adopt ordinances that include, but are not
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(a) That towing businesses accept methods
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(b) That towing businesses post fees in a
conspicuous place at the location of the towed
 D,VHQJDJHGLQWKHVDOYDJLQJRIDQRWKHU
vehicle; and
(b) Takes the precautionary measures
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(c) That any posted signs that warn of the
possibility of towing or that give information
about recovery of a towed vehicle be promi-
nently displayed and show the fees charged
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Page 435 (2015 Edition)

 OREGON VEHICLE CODE
(d) That towing businesses offer transpor-
tation at a reasonable cost from within the
immediate vicinity of the place from which
WKHYHKLFOHZDVWRZHGWRWKHWRZHGYHKLFOH
(e) That towing businesses establish loca-
tions for towed vehicles in such a way that no
vehicle will be towed a greater distance than
LVQHFHVVDU\DQGUHDVRQDEOH
(f) That towed vehicles be stored in a public
location that has at least one attendant on duty
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VEHICLE TRANSPORTERS
822.300 Acting as vehicle transporter
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(1) A person commits the offense of acting as a
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person is not the holder of a vehicle transporter
FHUWLÀFDWHLVVXHGXQGHU256DQGWKH
person drives or tows over the highways of this
VWDWH IRUHLJQFRXQWU\7KLVSDUDJUDSKRQO\SHUPLWV
(a) The person is not subject to the prohibi-
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transporting vehicles as provided under this
VHFWLRQ
(b) The person is entitled to apply for and
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transporter plates or devices and may trans-
port vehicles as provided under this section
ZKLOHGLVSOD\LQJWKHSODWHRUGHYLFH2QO\RQH
SODWHRUGHYLFHVKDOOEHGLVSOD\HGRQDYHKLFOH
The plates or devices shall require a fee for
LVVXDQFHDVSURYLGHGLQ256$SODWH
or device issued under this paragraph may be
XVHGRQDQ\YHKLFOHWUDQVSRUWHGE\WKHSHUVRQ
(c) The person may drive or tow on its
own wheels over the highways of this state
any unregistered vehicle or manufactured
structure from outside this state or from
manufacturers or dealers within this state
to a prospective purchaser, manufacturer or
dealer in this or any other state, territory or
the person to transport manufactured struc-
 D$YHKLFOHWKDWLV tures from the place of manufacture to the
(A) Required to be registered under the
vehicle code;
(B) Driven or towed on its own wheels;
(C) Driven or towed from outside this state
or from a manufacturer or vehicle dealer
within this state; and
(D) Driven or towed to a prospective pur-
chaser, manufacturer or dealer or the agent
thereof either in this state or in any other state,
territory or foreign country; or
place of business of a manufactured structure
GHDOHUKROGLQJDOLFHQVHXQGHU256RU
RUDWHPSRUDU\PDQXIDFWXUHGVWUXF-
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a manufactured structure by the person must
be under a trip permit issued by a county as
agent for the Department of Consumer and
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(2) The Department of Transportation shall
provide for the issuance and renewal of vehicle
WUDQVSRUWHUFHUWLÀFDWHVXQGHUWKLVVHFWLRQWR
 E$PDQXIDFWXUHGVWUXFWXUH persons regularly engaged in businesses that
(2) The offense described in this section does UHTXLUHWKHFHUWLÀFDWHV
not apply to persons or vehicles exempted from  9HKLFOHWUDQVSRUWHUFHUWLÀFDWHVLVVXHG
WKLVVHFWLRQXQGHU256 under this section are subject to all of the
(3) The offense described in this section, IROORZLQJ
acting as a vehicle transporter without a cer-
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822.305 Exemptions from vehicle
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,QDGGLWLRQWRDQ\H[HPSWLRQVIURPWKHYHKLFOH
FRGHXQGHU256256GRHV
QRWDSSO\WRWKHIROORZLQJ rules for the administration of the laws relating
(1) Vehicles lawfully operated with plates
furnished to vehicle dealers under ORS

(2) Vehicles lawfully operated with registra-
WLRQSODWHVLVVXHGE\WKLVVWDWH
(3) Vehicles being towed by other vehicles
lawfully operated with plates issued for towing
EXVLQHVVHVXQGHU256>F
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822.310 Privileges granted by cer-
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 D$FHUWLÀFDWHGHVFULEHGLQWKLVVHFWLRQ
is valid for a one-year period and shall be
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(b) The department shall not issue a certif-
icate to a person until the fee for issuance of
WKHFHUWLÀFDWHXQGHU256LVSDLG
(4) The department may adopt necessary
to the regulation of vehicle transporters, the
issuance and renewal of vehicle transporter
FHUWLÀFDWHVWKHLVVXDQFHRIYHKLFOHWUDQVSRUWHU
LGHQWLÀFDWLRQFDUGVDQGWKHLVVXDQFHRIYHKLFOH
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this subsection must be consistent with any
rules regarding vehicle transporters that are
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include, but are not limited to, grounds and
procedures for the revocation, denial or suspen-
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placing vehicle transporters on probationary
VWDWXV
suspension or revocation; regulation of
holder. (1) The holder of a current, valid vehi-
FOHWUDQVSRUWHUFHUWLÀFDWHLVVXHGXQGHUWKLV
section may exercise the following privileges
XQGHUWKLVFHUWLÀFDWH
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section is subject to regulation under ORS
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†F†F†Fenterprise that engages, for a consideration, in

†@ educating and training persons, either practi-
822.315 Improper use of vehicle trans- cally or theoretically, or both, in the driving of
porter plate; penalty. (1) A person commits PRWRUYHKLFOHV
the offense of improperly using a vehicle trans- (2) The offense described in this section does
porter plate if the person is the holder of a QRWDSSO\WR
YHKLFOHWUDQVSRUWHUFHUWLÀFDWHDQGWKHSHUVRQ (a) A business or nonprofit enterprise
GRHVDQ\RIWKHIROORZLQJ engaged in educating and training persons
 D ([HUFLVHV SULYLOHJHV JUDQWHG XQGHU for a profession;
256IRUYHKLFOHVZLWKVSHFLDOYHKLFOH (b) An accredited secondary school, college
WUDQVSRUWHUSODWHVLVVXHGXQGHU256 or university; or
without conspicuously displaying the plates on
WKHUHDURIHDFKYHKLFOH (c) A person that provides limited education
or training for a specialized purpose, as deter-
(b) Uses a special vehicle transporter plate mined by the Department of Transportation by
to transport a manufactured structure to UXOH
a situs not permitted under the privileges
JUDQWHGXQGHU256 (3) The offense described in this section,
operating a commercial driver training school
(c) Allows any person other than the trans- ZLWKRXWDFHUWLÀFDWHLVD&ODVV$PLVGHPHDQRU
porter or transporter’s employee to use the >F†F†F
special vehicle transporter plates issued to †@
WKHWUDQVSRUWHUXQGHU256
822.505 Commercial driver train-
(2) The offense described in this section, ing school bond; requirements; actions
improper use of vehicle transporter plates, is against school or surety. (1) A bond required
D&ODVV'WUDIÀFYLRODWLRQ>F† XQGHU256IRULVVXDQFHRUUHQHZDORI
F†@ DFRPPHUFLDOGULYHUWUDLQLQJVFKRROFHUWLÀFDWH
822.320>F†F†H PXVWFRPSO\ZLWKDOORIWKHIROORZLQJ
UHSHDOHGE\F†@ (a) The bond shall have a corporate surety
822.325 Failure to return revoked OLFHQVHGWRGREXVLQHVVZLWKLQWKLVVWDWH
RUVXVSHQGHGFHUWLÀFDWHSHQDOW\(1) A (b) The bond shall be executed to the State
person commits the offense of failure to return RI2UHJRQ
a revoked or suspended vehicle transporter
FHUWLÀFDWHLIWKH'HSDUWPHQWRI7UDQVSRUWD-
tion demands and requires the return of any
FHUWLÀFDWHFDUGVRUSODWHVXQGHU256 E\WKH$WWRUQH\*HQHUDO
and the person has those items demanded and
GRHVQRWUHWXUQWKHPWRWKHGHSDUWPHQW
(2) The offense described in this section,
failure to return a revoked or suspended
YHKLFOHWUDQVSRUWHUFHUWLÀFDWHLVD&ODVV$
PLVGHPHDQRU>F†F
†F†IF†@
 F7KHERQGVKDOOEHLQWKHVXPRI
(d) The bond shall be approved as to form
(e) The bond must be conditioned that the
SHUVRQLVVXHGWKHFHUWLÀFDWHVKDOOFRQGXFWEXVL-
ness as a commercial driver training school
without fraudulent representation and without
violation of any rules adopted by the Depart-
PHQWRI7UDQVSRUWDWLRQXQGHU256
822.400>F†F†
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 I7KHERQGPXVWEHÀOHGDQGKHOGLQWKH
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(2) Any person shall have a right of action
against a commercial driver training school
and against the surety on the bond of the
school in the person’s own name if the person
suffers any loss or damage by reason of the
school’s fraudulent representations or violation
of rules adopted by the department under ORS

822.420>F†UHSHDOHGE\  ,IWKHFHUWLÀFDWHRIDVFKRROLVQRWUHQHZHG
F†@ or is revoked or canceled, the sureties on the
bond shall be relieved from liability accruing
DRIVER TRAINING subsequent to cancellation or revocation by the
GHSDUWPHQW>F†@
(Commercial Driver Training Schools) 822.510 Proof of insurance; require-
822.500 Operating commercial driver ments; exception. ([FHSW DV SURYLGHG LQ
WUDLQLQJVFKRROZLWKRXWFHUWLÀFDWHUXOHV subsection (3) of this section, an applicant or
penalty. (1) A person commits the offense of holder of a commercial driver training school
operating a commercial driver training school FHUWLÀFDWHPD\PDLQWDLQSURRIRILQVXUDQFH
ZLWKRXWDFHUWLÀFDWHLIWKHSHUVRQLVQRWWKH UHTXLUHGXQGHU256IRULVVXDQFHRU
holder of a valid, current driver training UHQHZDORIWKHFHUWLÀFDWHE\FRPSO\LQJZLWK
VFKRROFHUWLÀFDWHLVVXHGXQGHU256 DQ\RIWKHIROORZLQJ
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Page 437 (2015 Edition)

 OREGON VEHICLE CODE

 7KHVFKRROPD\ÀOHDFHUWLÀFDWHRILQVXU- (b) Any other matters the department may

ance with the Department of Transportation SUHVFULEHIRUWKHSURWHFWLRQRIWKHSXEOLF
WKDWFRPSOLHVZLWKDOORIWKHIROORZLQJ  7KHGHSDUWPHQW
(a) The insurance must be issued to the (a) May refuse to issue or renew or may sus-
VFKRRO SHQGRUUHYRNHDQ\FHUWLÀFDWHLVVXHGXQGHU
(b) The insurance must be issued by an this section in any case where the department
insurance company authorized to do business ÀQGVWKDWWKHDSSOLFDQWRUFHUWLÀFDWHKROGHU
LQWKLVVWDWH has violated or failed to comply with any rules
(c) The insurance must show that the adopted under this section or any provision of
insured has procured and has in effect a motor WKLVVHFWLRQ256WR
vehicle liability policy that provides at least RU
WKHIROORZLQJFRYHUDJH  E6KDOOFDQFHOLPPHGLDWHO\DQ\FHUWLÀFDWH
(A) $100,000 because of bodily injury to or LIDERQGGHVFULEHGXQGHU256LVFDQ-
death of one person in any one accident; FHOHGE\OHJDOQRWLFH
(B) Subject to the limit for one person, (4) Commercial driver training school cer-
$300,000 because of bodily injury to or death WLÀFDWHVLVVXHGXQGHUWKLVVHFWLRQDUHVXEMHFW
of two or more persons in any one accident; and WRWKHIROORZLQJ
(C) $50,000 because of injury to or destruc-
tion of the property of others in any one
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(d) The policy shall designate by explicit
description or by appropriate reference all
motor vehicles with respect to which coverage
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(e) The policy shall insure any and all per-
 D$FHUWLÀFDWHVKDOOH[SLUHRQWKHODVWGD\
RIHDFKFDOHQGDU\HDU
(b) The department shall not issue a certif-
icate to a person until the fee for issuance of
WKHFHUWLÀFDWHXQGHU256LVSDLG
(c) The department shall not renew a certif-
LFDWHXQWLOWKHIHHIRUUHQHZDORIWKHFHUWLÀFDWH
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sons using any motor vehicle owned or operated
by the school with the consent of the school
against loss from the liabilities imposed by
law for damages arising out of the operation,
XVHRUPDLQWHQDQFHRIWKHPRWRUYHKLFOH
 G$IHHIRUDFHUWLÀFDWHPD\QRWEHUHIXQGHG
LQWKHHYHQWDQ\FHUWLÀFDWHLVUHIXVHGVXV-
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(e) The department shall not issue or renew
DFHUWLÀFDWHXQOHVVWKHDSSOLFDQWRUFHUWLÀ-
 7KHVFKRROPD\REWDLQDYDOLGFHUWLÀFDWH
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(3) An applicant or holder of a commercial
GULYHUWUDLQLQJVFKRROFHUWLÀFDWHGRHVQRWQHHG
to submit proof of insurance required under
256IRULVVXDQFHRUUHQHZDORIWKH
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 &HUWLÀFDWHVLVVXDQFHVXVSHQ-
sion or revocation; duration; fee; bond;
proof of insurance; rules. (1) A person who
holds a valid, current commercial driver train-
LQJVFKRROFHUWLÀFDWHLVVXHGXQGHUWKLVVHFWLRQ
is not subject to the prohibitions or penalties
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(2) The Department of Transportation
shall adopt rules to provide for the issuance
RIFRPPHUFLDOGULYHUWUDLQLQJVFKRROFHUWLÀ-
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department under this section shall provide
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cate holder maintains a bond that meets the
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(f) The department shall not issue or renew
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holder maintains proof of insurance that meets
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F†F†F†@
822.520 Failure to return revoked, sus-
pended or canceled commercial driver
WUDLQLQJVFKRROFHUWLÀFDWHSHQDOW\(1) A
person commits the offense of failure to return
a revoked, suspended or canceled commercial
GULYHUWUDLQLQJVFKRROFHUWLÀFDWHLIWKH'HSDUW-
ment of Transportation revokes, suspends or
cancels a commercial driver training school
FHUWLÀFDWHLVVXHGWRWKHSHUVRQXQGHU256
DQGWKHSHUVRQGRHVQRWLPPHGLDWHO\
UHWXUQWKHFHUWLÀFDWHWRWKHGHSDUWPHQW
(2) The offense described in this section, fail-
ure to return a revoked, suspended or canceled
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LVD&ODVV$PLVGHPHDQRU>F†
 D5HTXLUHPHQWVIRUDFHUWLÀFDWHXQGHU
this section including requirements concern-
ing manner and form of application, location,
place of business, facilities, records, equip-
ment, courses and standards of instruction,
instructors, previous records of the school and
LQVWUXFWRUVÀQDQFLDOVWDWHPHQWVVFKHGXOHRI
fees and charges, character of school operators
and instructors, vehicle equipment and condi-
tion and inspection during reasonable business
KRXUV
Page 438
(Driver Training Instructor)
822.525 Acting as driver training
LQVWUXFWRUZLWKRXWFHUWLÀFDWHH[HPS-
tions; rules; penalty. (1) A person commits
the offense of acting as a driver training
LQVWUXFWRUZLWKRXWDFHUWLÀFDWHLIWKHSHUVRQ
is not the holder of a valid, current driver
WUDLQLQJLQVWUXFWRUFHUWLÀFDWHLVVXHGXQGHU
256  DQG WKH SHUVRQ IRU FRPSHQ-
sation, teaches, conducts classes or gives
(2015 Edition)
 5(*8/$7,212)9(+,&/(5(/$7('%86,1(66(6
 

demonstrations to or supervises practice of per-
sons in the driving of motor vehicles whether
acting on the person’s own behalf or acting as
an operator of or on behalf of any business or
QRQSURÀWHQWHUSULVHRUVFKRROHQJDJHGLQHGX-
cating and training persons, either practically
or theoretically, or both, in the driving of motor
YHKLFOHV
(2) The offense described in this section does
not apply to a person acting as an operator of
RURQEHKDOIRI WUDLQLQJLQVWUXFWRUFHUWLÀFDWHLVVXHGWRWKH
(a) A business or nonprofit enterprise
engaged in educating and training persons
for a profession;
(b) An accredited secondary school, college
or university; or
(c) A person that provides limited education
or training for a specialized purpose, as deter-
mined by the Department of Transportation by
UXOH
(3) The offense described in this section,
acting as a driver training instructor without
DFHUWLÀFDWHLVD&ODVV$PLVGHPHDQRU>
F†F†F†@
 &HUWLÀFDWHLVVXDQFHVXVSHQ-
sion or revocation; duration; fee; rules.
(1) A person who holds a valid, current driver
WUDLQLQJLQVWUXFWRUFHUWLÀFDWHLVVXHGXQGHU
this section is not subject to the prohibitions
RUSHQDOWLHVXQGHU256
(2) The Department of Transportation
shall adopt rules to provide for the issuance
RIGULYHUWUDLQLQJLQVWUXFWRUFHUWLÀFDWHVXQGHU
WKLVVHFWLRQ5XOHVDGRSWHGE\WKHGHSDUWPHQW
under this section shall provide for all of the
IROORZLQJ cle is also the owner of the garage or repair
(a) Requirements for driver training
LQVWUXFWRUFHUWLÀFDWHLQFOXGLQJUHTXLUHPHQWV
concerning manner and form of application,
moral character, physical condition, knowl-
HGJHRIWKHFRXUVHVRILQVWUXFWLRQWUDIÀFODZV
safety principles and practices, driving record,
driving ability and previous personal and
HPSOR\PHQWUHFRUG
(b) Any other matters the department may
SUHVFULEHIRUWKHSURWHFWLRQRIWKHSXEOLF
(3) The department may refuse to issue or
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issued under this section in any case where the
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icate holder has violated or failed to comply
ZLWKDQ\UXOHVDGRSWHGXQGHUWKLVVHFWLRQ
 G$IHHIRUDFHUWLÀFDWHPD\QRWEHUHIXQGHG
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822.535 Failure to return revoked
RU VXVSHQGHG FHUWLÀFDWH SHQDOW\ (1)
A person commits the offense of failure to
return a revoked or suspended driver train-
LQJLQVWUXFWRUFHUWLÀFDWHLIWKH'HSDUWPHQWRI
Transportation revokes or suspends a driver
SHUVRQXQGHU256DQGWKHSHUVRQGRHV
QRWLPPHGLDWHO\UHWXUQWKHFHUWLÀFDWHWRWKH
GHSDUWPHQW
(2) The offense described in this section, fail-
ure to return a revoked or suspended driver
WUDLQLQJLQVWUXFWRUFHUWLÀFDWHLVD&ODVV$
PLVGHPHDQRU>F†F
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GENERAL PROHIBITIONS
822.600 Failure of garage to report
accident or bullet contact; penalty. (1)
A person commits the offense of failure of a
garage to report an accident or bullet contact if
the person is in charge of any garage or repair
shop to which is brought any motor vehicle that
shows evidence of having been involved in a
serious accident or struck by any bullet and
the person does not report to the nearest police
VWDWLRQRUVKHULII·VRIÀFHZLWKLQKRXUVDIWHU
such motor vehicle is received giving the reg-
istration number and the name and address of
WKHRZQHURURSHUDWRURIVXFKYHKLFOH
(2) An additional report need not be made
under this section when the owner of the vehi-
shop and the person has made a report under
256RUWKDWLQFOXGHVWKHLQIRU-
PDWLRQUHTXLUHGE\WKLVVHFWLRQ
(3) The offense described in this section,
failure of garage to report accident or bullet
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F†@
822.605 False swearing relating to
regulation of vehicle related businesses;
penalty. (1) A person commits the offense of
false swearing relating to regulation of vehi-
cle related businesses if the person knowingly
PDNHVDQ\IDOVHDIÀGDYLWRUNQRZLQJO\VZHDUV
RUDIÀUPVIDOVHO\WRDQ\PDWWHURUWKLQJUHODW-
ing to the regulation of vehicle dealers, vehicle
dismantlers, towing businesses, vehicle trans-
SRUWHUVVQRZPRELOHGHDOHUV&ODVV,DOOWHUUDLQ
 'ULYHUWUDLQLQJFHUWLÀFDWHVLVVXHGXQGHU vehicle dealers, commercial driver training
WKLVVHFWLRQDUHVXEMHFWWRWKHIROORZLQJ schools or driver training instructors under
 D$FHUWLÀFDWHVKDOOH[SLUHRQWKHODVWGD\
RIHDFKFDOHQGDU\HDU
(b) The department shall not issue a certif-
icate to a person until the fee for issuance of
WKHFHUWLÀFDWHXQGHU256LVSDLG
(c) The department shall not renew a certif-
LFDWHXQWLOWKHIHHIRUUHQHZDORIWKHFHUWLÀFDWH
XQGHU256KDVEHHQSDLG
WKHYHKLFOHFRGH
(2) The offense described in this section,
false swearing relating to regulation of vehicle
UHODWHGEXVLQHVVHVLVD&ODVV&IHORQ\>
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Page 439 (2015 Edition)

 OREGON VEHICLE CODE

FEES (13) Fee for renewal of driver training

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 &HUWLÀFDWLRQIHHV(1) Fee for 
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(14) Fee for issuance of commercial driver
 DIRUDQRULJLQDOGLVPDQWOHUFHUWLÀ- WUDLQLQJVFKRROFHUWLÀFDWHXQGHU256
cate covering a single place of business issued 
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(15) Fee for renewal of commercial driver
 EIRUDVXSSOHPHQWDOFHUWLÀFDWHIRU WUDLQLQJVFKRROFHUWLÀFDWHXQGHU256
each additional place of business to be covered 
E\WKDWFHUWLÀFDWHDQGRSHUDWHGXQGHUWKHVDPH
name; and
(c) $40, for each duplicate dismantler cer-
WLÀFDWHLVVXHGXQGHU256
 )HHIRULVVXDQFHRIYHKLFOHDSSUDLVHU
FHUWLÀFDWHXQGHU256
(17) Fee for renewal of vehicle appraiser
FHUWLÀFDWHXQGHU256>
 )HHIRUUHQHZDORIGLVPDQWOHUFHUWLÀFDWH F†F†F†
XQGHU256 F†F†F†
(a) $800, for renewal of a dismantler certif- F†F†F†
icate covering a single place of business; and F†F†F†@
(b) $800, for renewal of each supplemental 822.705 Fee for issuance or renewal
FHUWLÀFDWHIRUHDFKDGGLWLRQDOSODFHRIEXVLQHVV RIYHKLFOHGHDOHUFHUWLÀFDWH(DFKSHUVRQ
WREHFRYHUHGE\WKHFHUWLÀFDWHDQGRSHUDWHG holding or applying for a current vehicle dealer
XQGHUWKHVDPHQDPH FHUWLÀFDWHVKDOOSD\DIHHRIWRWKH'HSDUW-
ment of Transportation upon application for
 ,IDGLVPDQWOHUIDLOVWRSD\DIHHUHTXLUHG LVVXDQFHRUUHQHZDORIDFHUWLÀFDWH0RQH\V
under this section on or before the date the fee from the fee are continuously appropriated to
is due, there shall be added as a late payment the department for the purpose of carrying out
FKDUJHDIHHRI WKHSURYLVLRQVRI256DQG
(4) Fee for original issuance of vehicle dealer 7KHIHHLPSRVHGXQGHUWKLVVHFWLRQ
FHUWLÀFDWHXQGHU256 LVLQDGGLWLRQWRIHHVXQGHU256IRU
 DIRUDFHUWLÀFDWHFRYHULQJDVLQJOH
place of business;
(b) $350, for each additional place of busi-
QHVV WR EH FRYHUHG E\ WKH FHUWLÀFDWH DQG
operated under the same name; and
(c) $30, for each corrected vehicle dealer
FHUWLÀFDWHLVVXHGXQGHU256
issuance and renewal of a vehicle dealer cer-
WLÀFDWH>F†F†
F†F†@
CIVIL PENALTIES
822.990 Civil penalties for violations of
ORS 822.500 and 822.525. (1) The Depart-
ment of Transportation may levy and collect a
 )HHIRUUHQHZDORIYHKLFOHGHDOHUFHUWLÀ- civil penalty in the amount of $1,000 for each
FDWHXQGHU256 violation against any person who violates ORS
(a) $1,100, for renewal of a vehicle dealer RU
FHUWLÀFDWHFRYHULQJDVLQJOHSODFHRIEXVLQHVV (2) Civil penalties under this section shall
and be imposed in the manner provided in ORS
(b) $350, for each additional place of busi- >F†@
QHVV WR EH FRYHUHG E\ WKH FHUWLÀFDWH DQG 822.992 Civil penalties for violations
RSHUDWHGXQGHUWKHVDPHQDPH related to dismantlers. (1) The Department
  ,I D YHKLFOH GHDOHU IDLOV WR SD\ D IHH
required under this section on or before the
date the fee is due, there shall be added as a
ODWHSD\PHQWFKDUJHDIHHRI
(7) Fee for show license issued under ORS

(8) Fee for issuance of towing business certif-
LFDWHXQGHU256IRUHDFKYHKLFOH
XVHGIRUWRZLQJRUUHFRYHU\SXUSRVHV
(9) Fee for renewal of towing business certif-
LFDWHXQGHU256IRUHDFKYHKLFOH
XVHGIRUWRZLQJRUUHFRYHU\SXUSRVHV
(10) Fee for issuance of vehicle transporter
FHUWLÀFDWHXQGHU256
(11) Fee for renewal of vehicle transporter
FHUWLÀFDWHXQGHU256
(12) Fee for issuance of driver training
LQVWUXFWRU FHUWLÀFDWH XQGHU 256 

Page 440
of Transportation may levy a civil penalty on,
and collect the civil penalty from, any person
KROGLQJDGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU
256RULGHQWLÀFDWLRQFDUGRUVXSSOH-
PHQWDOGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU
256  LQ DQ DPRXQW QRW WR H[FHHG
$1,000 for each violation if the person hold-
LQJWKHFHUWLÀFDWHKDVYLRODWHG256

RU
(2) The department shall impose civil penal-
ties under this section in the manner provided
LQ256>F†@
NoteZDVDGGHGWRDQGPDGHD
part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 822
RUDQ\VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
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(2015 Edition)
 &$55,(55(*8/$7,21*(1(5$//<

Chapter 823

(',7,21
CARRIER REGULATION GENERALLY

GENERAL PROVISIONS HAZARDOUS MATERIALS GENERALLY

 'HÀQLWLRQVIRU256FKDSWHUVWR 823.061 Applicability of hazardous material
826 safety regulations; rules
823.063 Notice and opportunity to correct
hazardous material violations
DEPARTMENT POWERS AND
DUTIES REGARDING CARRIERS
823.007 Employee statements of pecuniary AGENCY ABANDONMENT
interests in motor carriers; rules  'HÀQLWLRQVIRU256DQG
823.009 General powers of department 823.075
regarding motor carriers and 823.073 Common carrier not to abandon
railroads agencies or withdraw agent without
823.011 Authority to adopt rules approval of department
823.012 Suspension of laws during emergency 823.075 Petitioning department for authority
823.013 Validity of rules, orders, acts and reg- to abandon agency or withdraw agent
ulations of department; construction
of laws ENFORCEMENT AND REMEDIES
823.015 Service of notice or other legal
process 823.081 Enforcement of laws relating to
carriers
823.083 Enjoining violation of carrier laws
INVESTIGATIONS, HEARINGS, RULINGS
823.085 Liability for damages to injured
823.021 Investigating management of carriers person
823.023 Right of entry onto premises of any 823.087 Effect of carrier laws on common law
carrier or of business tendering haz- and other statutory rights of action,
ardous materials for shipment duties and liabilities
823.025 Maintaining and producing records;
expenses incurred in out-of-state RECEIPTS AND BILLS OF LADING
examinations; rules
823.027 Duty to furnish information to 823.101 Duty of carrier to issue bill of lading
department on intrastate shipments; liability
of carrier to holder for damage to
823.029 Failure to furnish requested shipment
information
823.103 Limitations on carrier’s power to set
823.031 Investigating complaints against WLPHIRUÀOLQJRIFODLPRUVWDUWLQJ
carriers action
823.033 Investigations and orders on depart- 823.105 Prohibitions
ment’s own motion; request for
hearing by aggrieved party 823.107 Existing remedies not affected
823.035 Representation by nonattorney
823.037 Declaratory rulings PENALTIES
823.991 Penalties
DESTRUCTION OF EQUIPMENT
823.051 Interference with department
equipment

Page 441 (2015 Edition)

OREGON VEHICLE CODE

Page 442 (2015 Edition)

 &$55,(55(*8/$7,21*(1(5$//<  

GENERAL PROVISIONS (3) The department may participate in any

SURFHHGLQJEHIRUHDQ\SXEOLFRIÀFHUFRPPLV-
 'HÀQLWLRQVIRU256FKDSWHUV sion or body of the United States or any state
823 to 826. As used in ORS chapters 823, 824, or other jurisdiction for the purpose of repre-
DQG senting the public generally and the customers
 ´&XVWRPHUµLQFOXGHVWKHSDWURQVSDV- of the services of any motor carrier or railroad
sengers, shippers and users of the service of a operating or providing service to or within this
PRWRUFDUULHU VWDWH
 ´5DWHµPHDQVDQ\IDUHFKDUJHMRLQWUDWH (4) The department may make joint investi-
schedule or groups of rates or other remuner- gations, hold joint hearings within or without
DWLRQRUFRPSHQVDWLRQIRUVHUYLFH this state and issue concurrent orders in
FRQMXQFWLRQRUFRQFXUUHQFHZLWKDQ\RIÀFLDO
 ´6HUYLFHµLVXVHGLQLWVEURDGHVWDQGPRVW
inclusive sense and includes equipment and
facilities related to providing the service or
WKHSURGXFWVHUYHG>F†@
DEPARTMENT POWERS AND
DUTIES REGARDING CARRIERS
823.007 Employee statements of pecu-
niary interests in motor carriers; rules.
board, commission or agency of any state or of
WKH8QLWHG6WDWHV>F†F
†@
823.010>F†F†
 F †  F † UHQXPEHUHG
LQ@
823.011 Authority to adopt rules. The
Department of Transportation may adopt
and amend reasonable and proper rules and
(DFKHPSOR\HHRIWKH'HSDUWPHQWRI7UDQV-
portation who performs functions concerning
economic regulation of motor carriers shall
ÀOHZLWKWKHGHSDUWPHQWDVWDWHPHQWUHJDUG-
ing holdings of the employee and the holdings
of the employee’s spouse and minor children
of any pecuniary interest in any business or
activity subject to the department’s economic
UHJXODWLRQRIPRWRUFDUULHUV6XSSOHPHQWDU\
VWDWHPHQWVVKDOOEHÀOHGDVVXFKSHFXQLDU\
regulations relative to all statutes regarding
motor carriers and railroads administered by
the department and may adopt and publish rea-
sonable and proper rules to govern proceedings
and to regulate the mode and manner of all
investigations of motor carriers and railroads
VXEMHFWWRUHJXODWLRQE\WKHGHSDUWPHQW>
F†@
823.012 Suspension of laws during
LQWHUHVWVDUHDFTXLUHGRUGLYHVWHG7KHVWDWH-
ments shall be in such form as the department
SUHVFULEHV,IWKHGHSDUWPHQWGHWHUPLQHVWKDW
an employee or spouse or minor child of the
employee holds any such pecuniary interest
that may interfere with the impartial dis-
charge of the employee’s duties, the department
emergency. ,IWKH'LUHFWRURI7UDQVSRUWD-
WLRQGHWHUPLQHVWKDWDQHPHUJHQF\DVGHÀQHG
LQ256KDVRFFXUUHGRULVLPPLQHQW
the director may suspend operation of one or
more of the following statutes involving motor
carriers for the purpose of expediting the move-
PHQWRISHUVRQVRUSURSHUW\
VKDOORUGHUGLYHVWLWXUHRIWKHLQWHUHVW  D256FRPSOLDQFHZLWKFRPPHU-
(2) The department shall determine by rule cial vehicle enforcement requirements related
what constitutes a function concerning eco- to commercial vehicle weight, size, load, con-
nomic regulation of motor carriers for purposes IRUPDWLRQRUHTXLSPHQW
RIWKLVVHFWLRQ  E 256  FHUWLILFDWH RU SHUPLW
(3) Nothing in subsections (1) and (2) of this requirement for commercial transportation
section is intended to authorize any act other- RISHUVRQVRUSURSHUW\
ZLVHSURKLELWHGE\ODZ>F††@  F256UHJLVWUDWLRQUHTXLUHPHQW
823.009 General powers of department for for-hire or private carrier engaged in inter-
regarding motor carriers and railroads. VWDWHRSHUDWLRQV
,QDGGLWLRQWRWKHSRZHUVDQGGXWLHVQRZ  G256UHTXLUHPHQWIRUSHUVRQ
or hereafter transferred to or vested in the operating as motor carrier to have policy of
Department of Transportation, the department SXEOLFOLDELOLW\DQGSURSHUW\GDPDJHLQVXUDQFH
shall represent the customers of any motor car-
rier or railroad, and the public generally, in all  H256UHTXLUHPHQWIRUSHUVRQ
controversies respecting rates, valuations, ser- operating as for-hire carrier of freight or
vice and all matters of which the department H[SUHVVWRKDYHFDUJRLQVXUDQFH
has jurisdiction regarding motor carriers and  I256UHTXLUHPHQWWRVWRSDQG
UDLOURDGV,QUHVSHFWWKHUHRIWKHGHSDUWPHQW submit to an inspection of the driver, the cargo
shall make use of its jurisdiction and powers RUWKHYHKLFOHRUFRPELQDWLRQRIYHKLFOHV
to protect such customers, and the public gen-
erally, from unjust and unreasonable exactions  J256VDIHW\UHJXODWLRQVIRUIRU
and practices and to obtain for them adequate KLUHDQGSULYDWHFDUULHUV
VHUYLFHDWIDLUDQGUHDVRQDEOHUDWHV  K256UXOHVIRUWUDQVSRUWDWLRQ
(2) The department is vested with power and of hazardous waste, hazardous material and
jurisdiction to supervise and regulate every 3&%
motor carrier and railroad in this state, and  L256ZHLJKWUHFHLSWVLVVXHGE\
to do all things necessary and convenient in Department of Transportation for motor vehi-
WKHH[HUFLVHRIVXFKSRZHUDQGMXULVGLFWLRQ FOHVVXEMHFWWRZHLJKWPLOHWD[

Page 443 (2015 Edition)

 OREGON VEHICLE CODE

 M256WHPSRUDU\SDVVIRUVLQJOH 823.020>)RUPHUO\F†
WULSRUVKRUWWLPHRSHUDWLRQRIYHKLFOH F†F†F†
 N256DVVHVVPHQWRIWD[IRUXVH UHQXPEHUHGLQ@
RIKLJKZD\V
 /256UHJLVWUDWLRQRIFHUWDLQ
YHKLFOHVQRWDOUHDG\UHJLVWHUHGZLWKVWDWH
(2) A suspension under this section may
occur prior to a declaration of a state of
HPHUJHQF\XQGHU256EXWPD\QRW
exceed 72 hours unless a state of emergency
LVGHFODUHGXQGHU256,IDVWDWHRI
HPHUJHQF\LVGHFODUHGXQGHU256WKH
suspension shall last until the state of emer-
gency is terminated as provided under ORS

(3) The director may designate by rule a
line of succession of deputy directors or other
employees of the department who may suspend
operations of statutes under this section in the
HYHQWWKHGLUHFWRULVQRWDYDLODEOH$Q\VXV-
pension by a person designated by the director
under this subsection has the same force and
effect as if issued by the director, except that,
if the director can be reached, the suspension
PXVWEHDIÀUPHGE\WKHGLUHFWRUZKHQWKH
GLUHFWRULVUHDFKHG,IWKHGLUHFWRUGRHVQRW
set aside a suspension within 24 hours of being
reached, the suspension shall be considered
DIÀUPHGE\WKHGLUHFWRU>F†
F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 823 or any
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
823.013 Validity of rules, orders, acts
and regulations of department; construc-
tion of laws. (1) A substantial compliance with
the requirements of the laws administered by
the Department of Transportation regarding
PRWRUFDUULHUVDQGUDLOURDGVLVVXIÀFLHQWWR
give effect to all the rules, orders, acts and
regulations of the department and they shall
not be declared inoperative, illegal or void for
any omission of a technical nature in respect
WKHUHWR
(2) The provisions of such laws shall be
liberally construed with a view to the public
ZHOIDUHHIÀFLHQWIDFLOLWLHVDQGVXEVWDQWLDOMXV-
tice between customers and motor carriers or
UDLOURDGV>F†@
823.015 Service of notice or other legal
process. The service or delivery of any notice,
order, form or other document or legal process
required to be made by the Department of
Transportation in connection with any statute
governing motor carriers or railroads may be
PDGHE\PDLO,IE\PDLOVHUYLFHRUGHOLYHU\LV
made when the required material is deposited
LQWKHSRVWRIÀFHLQDVHDOHGHQYHORSHZLWK
postage paid, addressed to the person on whom
it is to be served or delivered, at the address as
LWODVWDSSHDUVLQWKHUHFRUGVRIWKHGHSDUWPHQW
>F†@
Page 444
INVESTIGATIONS, HEARINGS, RULINGS
823.021 Investigating management of
carriers. The Department of Transporta-
tion may inquire into the management of the
business of all motor carriers and railroads,
and shall keep informed as to the manner and
PHWKRGLQZKLFKWKHEXVLQHVVLVFRQGXFWHG7KH
department has the right to obtain from any
motor carrier or railroad all necessary infor-
mation to enable the department to perform its
GXWLHVUHODWHGWRPRWRUFDUULHUVDQGUDLOURDGV
>F†@
823.023 Right of entry onto premises
of any carrier or of business tendering
hazardous materials for shipment. (1) The
Department of Transportation or authorized
representatives may enter upon any premises,
or any equipment, rolling stock or facilities
operated or occupied by any motor carrier or
railroad for the purpose of making any inspec-
tion, examination or test reasonably required
in the administration of ORS chapters 823,
DQGDQGWRVHWXSDQGXVHRQVXFK
premises, equipment, rolling stock or facilities
any apparatus or appliance and occupy reason-
DEOHVSDFHWKHUHIRU
(2) The department or authorized represen-
tatives shall, upon demand, have the right to
inspect the books, accounts, papers, records
and memoranda of any motor carrier or rail-
URDGDQGWRH[DPLQHXQGHURDWKDQ\RIÀFHU
agent or employee of such motor carrier or
UDLOURDGLQUHODWLRQWRLWVEXVLQHVVDQGDIIDLUV
(3) Any person who on behalf of the depart-
ment makes demand of a motor carrier or
railroad for an examination, inspection or
test shall, upon request therefor, produce a
FHUWLÀFDWHXQGHUWKHVHDORIWKHGHSDUWPHQW
showing authority to make such examination,
LQVSHFWLRQRUWHVW
(4) The department or authorized repre-
sentatives shall, upon demand, have the right
to enter any premises of a business that the
department has reasonable cause to believe
tendered for shipment, by motor or rail, any
hazardous material and to make any exam-
ination, inspection or test reasonably required
to determine compliance with the health and
safety regulations administered or enforced by
WKHGHSDUWPHQW$Q\SHUVRQZKRRQEHKDOIRI
the department demands to make an exam-
ination, inspection or test, shall produce
XSRQUHTXHVWDFHUWLÀFDWHXQGHUWKHVHDORI
the department showing authority to make the
H[DPLQDWLRQLQVSHFWLRQRUWHVW
(5) Nothing in this section authorizes the
department to use any information developed
thereunder for any purpose inconsistent with
any statute governing motor carriers or rail-
roads and administered by the department or
to make a disclosure thereof for other than
UHJXODWRU\SXUSRVHV>F†
F†F†@
(2015 Edition)
 &$55,(55(*8/$7,21*(1(5$//<
823.025 Maintaining and producing
records; expenses incurred in out-of-state
examinations; rules. (1) The Department
of Transportation may require by rule, or by
order or subpoena to be served on any motor
carrier or railroad, the maintaining within
this state or the production within this state
at such time and place as the department may
designate, of any books, accounts, papers or
records kept by such motor carrier or railroad
LQDQ\RIÀFHRUSODFHZLWKLQRUZLWKRXWWKLV
VWDWHRUYHULÀHGFRSLHVLQOLHXWKHUHRILIWKH
department so orders, in order that an exam-
ination thereof may be made by the department
RUXQGHUGLUHFWLRQRIWKHGHSDUWPHQW
(2) When a motor carrier or railroad keeps
and maintains its books, accounts, papers or
records outside the state, the department may
examine such documents and shall be reim-
bursed by the motor carrier or railroad for all
expenses incurred in making such out-of-state
H[DPLQDWLRQ>F†@
823.027 Duty to furnish information
 
823.030>)RUPHUO\F†
UHQXPEHUHGLQ@
823.031 Investigating complaints
against carriers. (1) The Department of
Transportation may investigate any com-
SODLQWÀOHGDJDLQVWDSHUVRQZKRVHEXVLQHVV
or activities are regulated by one or more of the
statutes regarding motor carriers or railroads,
jurisdiction for the enforcement or regulation
RIZKLFKLVFRQIHUUHGXSRQWKHGHSDUWPHQW
(2) Any hearing held as a result of a com-
plaint or investigation under subsection (1)
of this section shall be a contested case hear-
LQJLQWKHPDQQHUSURYLGHGLQ256
WR>F††@
823.033 Investigations and orders on
department’s own motion; request for
hearing by aggrieved party. (1) Whenever
the Department of Transportation believes
that any rate subject to regulation by the
department may be unreasonable or unjustly
discriminatory, or that any service subject
to regulation by the department is unsafe or
to department. (YHU\PRWRUFDUULHUDQG
railroad shall furnish to the Department of
Transportation all information required by the
department to carry into effect the provisions
RI256FKDSWHUVDQGDQG
VKDOOPDNHVSHFLÀFDQVZHUVWRDOOTXHVWLRQV
VXEPLWWHGE\WKHGHSDUWPHQW
inadequate, or is not afforded, or that an inves-
tigation of any matter relating to any motor
carrier, railroad or other person should be
made, or relating to any person to determine
if such person is subject to the department’s
regulatory jurisdiction, the department may
on its own motion summarily investigate any
 ,IDPRWRUFDUULHURUUDLOURDGLVXQDEOHWR
furnish any information required under sub-
section (1) of this section for any reason beyond
LWVFRQWUROLWLVDJRRGDQGVXIÀFLHQWUHDVRQ
IRUVXFKIDLOXUH7KHDQVZHURULQIRUPDWLRQ
VKDOOEHYHULÀHGXQGHURDWKDQGUHWXUQHGWRWKH
GHSDUWPHQWDWWKHGHSDUWPHQW·VRIÀFHZLWKLQ
WKHSHULRGÀ[HGE\WKHGHSDUWPHQW>F
†F†@
823.029 Failure to furnish requested
information. 1RRIÀFHUDJHQWRUHPSOR\HH
RIDQ\PRWRUFDUULHURUUDLOURDGVKDOO to subsection (2) of this section may request
(1) Fail or refuse to provide any information
or document required by the Department of
Transportation;
(2) Fail or refuse to answer any question
therein propounded;
VXFKPDWWHUZLWKRUZLWKRXWQRWLFH
(2) The department may, after making an
investigation on the department’s motion,
provide notice to the motor carrier, railroad
or other person of the department’s proposed
action or may, without notice or hearing, make
VXFKÀQGLQJVDQGRUGHUVDVWKHGHSDUWPHQW
GHHPVMXVWLÀHGRUUHTXLUHGE\WKHUHVXOWVRI
VXFKLQYHVWLJDWLRQ
(3) Any party aggrieved by a notice of pro-
posed action or by an order entered pursuant
the department to hold a hearing pursuant to
256WR
(4) An order issued under this section prior
to a hearing shall be stayed pending the out-
come of the hearing unless the department
  .QRZLQJO\ RU ZLOOIXOO\ JLYH D IDOVH ÀQGVWKDWWKHRUGHULVQHFHVVDU\WRSURWHFWWKH
answer to any such question or evade the SXEOLFKHDOWKVDIHW\RUHQYLURQPHQW>
answer to any such question where the fact F†F†@
inquired of is within the person’s knowledge; 823.035 Representation by non-at-
(4) Upon proper demand, fail or refuse to torney.  1RWZLWKVWDQGLQJ 256 
exhibit to the department or any person autho-
rized to examine the same, any book, paper,
account, record or memorandum of the motor
carrier or railroad that is in possession or
under the control of the person;
(5) Fail to properly use and keep a system of
accounting or any part thereof, as prescribed
DQGDQLQGLYLGXDOZKRLVQRWDQ
attorney may represent that individual or other
persons who consent to such representation
at any proceeding before the Department
of Transportation involving the regulation
of transportation matters pursuant to ORS
FKDSWHU
by the department; or  1RWZLWKVWDQGLQJ256DQG
(2), an individual who is not an attorney may
 5HIXVHWRGRDQ\DFWRUWKLQJLQFRQ-
nection with such system of accounting when
so directed by the department or authorized
UHSUHVHQWDWLYH>F†@
represent that individual or labor organiza-
tions, railroads, motor carriers or government
agencies who consent to such representation in
any proceeding before the department involv-
ing the regulation of transportation matters

Page 445 (2015 Edition)

 OREGON VEHICLE CODE

SXUVXDQWWR256WR GHÀQHKD]DUGRXVPDWHULDOE\UXOH7KHGHÀQL-
WRDQGWR WLRQVKDOOEHFRQVLVWHQWZLWKIHGHUDOGHÀQLWLRQV
 1RWZLWKVWDQGLQJ256DQG
(2), an individual who is not an attorney may
represent that individual or other persons who
consent to such representation in any pro-
ceeding before the department involving the
regulation of transportation matters pursuant
WR256FKDSWHU
(4) Any compromises, agreements, admis-
sions, stipulations, statements of fact or other
such action taken by the representative at
RIWKHWHUP>F†@
823.063 Notice and opportunity to cor-
rect hazardous material violations. (1)
The Department of Transportation may not
LPSRVHSHQDOWLHVVSHFLÀHGLQ256FKDSWHUV
DQGDJDLQVWDSHUVRQZKR
causes hazardous materials to be transported
unless the person has received prior written
QRWLFHRIWKHYLRODWLRQDQGÀYHGD\VWRFRUUHFW
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any such proceeding is binding on those rep-  1RSULRUZULWWHQQRWLFHRUÀYHGD\FRUUHF-
resented to the same extent as if done by an tion period shall be required under subsection
DWWRUQH\$SHUVRQVRUHSUHVHQWHGPD\QRW RIWKLVVHFWLRQIRU
thereafter claim that any such proceeding (a) Subsequent violations of a like nature
was legally defective because the person was RFFXUULQJZLWKLQÀYH\HDUVRIWKHYLRODWLRQIRU
QRWUHSUHVHQWHGE\DQDWWRUQH\ ZKLFKWKHSHUVRQUHFHLYHGQRWLFH
 $VXVHGLQWKLVVHFWLRQ´DWWRUQH\µKDV
the meaning for that term provided in ORS
>F†DF†@
823.037 Declaratory rulings. On petition
of any interested person, the Department of
Transportation may issue a declaratory ruling
with respect to the applicability to any person,
property, or state of facts of any rule or statute
regarding motor carriers or railroads that is
HQIRUFHDEOHE\WKHGHSDUWPHQW$GHFODUDWRU\
ruling is binding between the department and
the petitioner on the state of facts alleged,
XQOHVVLWLVPRGLÀHGYDFDWHGRUVHWDVLGHE\
WKH&RXUWRI$SSHDOV+RZHYHUWKHGHSDUWPHQW
(b) Any violation that causes substantial
KDUPWRKXPDQKHDOWKRUWKHHQYLURQPHQW
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823.070>)RUPHUO\F†
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AGENCY ABANDONMENT
  'HÀQLWLRQV IRU 256 
and 823.075. $VXVHGLQ256DQG
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may review the ruling and modify, vacate or
set it aside if requested by the petitioner or
RWKHUSDUW\WRWKHSURFHHGLQJ%LQGLQJUXOLQJV
provided by this section are subject to review
in the Court of Appeals in the manner pro-
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LQFRQWHVWHGFDVHV>F†@
 ´$JHQF\µPHDQVDQ\SODFHSURYLGHGE\D
for-hire carrier for the accommodation of the
public in the receipt, delivery, billing or rout-
ing of freight, or in the loading or discharge
of passengers, at which an agent is provided
WRVHUYHWKHSXEOLF
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DESTRUCTION OF EQUIPMENT
823.051 Interference with department
equipment. No person shall destroy, injure
or interfere with any apparatus or appliance
owned or operated by or in charge of the
Department of Transportation, or any appa-
UDWXVRUDSSOLDQFHVHDOHGE\WKHGHSDUWPHQW
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823.060>)RUPHUO\F†
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HAZARDOUS MATERIALS GENERALLY
823.061 Applicability of hazardous
material safety regulations; rules. The
federal hazardous material safety regula-
tions adopted, implemented or enforced by
the Department of Transportation shall be
applicable to any person who transports, or
causes to be transported, by motor or rail, a
KD]DUGRXVPDWHULDO7KHGHSDUWPHQWVKDOO
3DJH
 ´&RPPRQFDUULHUµPHDQVDQ\UDLOURDGDV
GHÀQHGLQ256DQGDQ\IRUKLUHFDU-
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LIWKHFDUULHUWUDQVSRUWVSHUVRQV>)RUPHUO\
@
823.073 Common carrier not to aban-
don agencies or withdraw agent without
approval of department. No common carrier
shall abandon any of its agencies, or withdraw
the agent therefrom, without the prior written
DXWKRULW\RIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
,IWKHSULPDU\EXVLQHVVRIWKHDJHQWRUDJHQF\
is not that of a common carrier, the loss of the
use of such agent or agency without the fault
of the carrier shall not be considered a viola-
tion of this section, provided that the carrier
shall give to the department notice of such loss
immediately upon being informed thereof and
secure another agent or agency within a rea-
VRQDEOHSHULRGRIWLPH>)RUPHUO\@
823.075 Petitioning department for
authority to abandon agency or withdraw
agent. (1) Any common carrier may petition
the Department of Transportation for author-
ity to abandon any agency or to withdraw the
DJHQWIURPDQDJHQF\
(2015 Edition)
 &$55,(55(*8/$7,21*(1(5$//<
(2) Upon receipt of a petition to abandon or
withdraw under this section, the department
shall give written notice of the petition to all
NQRZQFXUUHQWFXVWRPHUVRIVXFKDJHQF\,I
the petition requests authority to abandon
or withdraw any agency or agent involved in
transportation services using motor buses, the
department shall provide notice of the petition
for authority and of rights to protest by publica-
tion in addition to any written notice required
E\WKLVVXEVHFWLRQ:KHQQRWLFHE\SXEOLFDWLRQ
is required under this subsection, such notice
must be published in a newspaper of general
circulation in the county where the affected
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requirements of the department made pursu-
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(3) Upon the request of the department,
the Attorney General or the district attorney
of the proper county shall aid in any investi-
gation, hearing or trial, and shall institute
and prosecute all necessary suits, actions or
proceedings for the enforcement of those laws
and ordinances referred to in subsection (1) of
WKLVVHFWLRQ
(4) Any forfeiture or penalty provided for
in any law regarding motor carriers or rail-
roads administered by the department shall
be recovered by an action brought thereon in
the name of the State of Oregon in any court of
 ,IDQ\FXVWRPHUÀOHVZLWKWKHGHSDUW-
ment a written protest to the abandonment
of the agency or the withdrawal of the agent
therefrom within 30 days from the date written
notice is given, the department shall schedule
a hearing to be held within 30 days from the
ÀOLQJRIVXFKSURWHVW,IQRWLFHE\SXEOLFDWLRQ
is required under subsection (2) of this section
WKHQSURWHVWPD\EHÀOHGDVSURYLGHGXQGHU
this subsection, within 30 days after the writ-
ten notice or published notice, whichever is
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appropriate jurisdiction or as provided in ORS
>F†F†
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823.083 Enjoining violation of carrier
laws. (1) Whenever it appears to the Depart-
ment of Transportation that any motor carrier,
railroad or any other person subject to the
jurisdiction of the department is engaged or
about to engage in any acts or practices that
constitute a violation of any statute regard-
ing motor carriers or railroads administered
by the department, or any rule, regulation,
  ,I D KHDULQJ LV SURYLGHG XQGHU WKLV
section, the hearing shall be held at some
convenient place in the county in which such
DJHQF\LVORFDWHG
(5) Where a common carrier seeks to move
the location of its agent or agency from one
point within a city to another point within such
city the department may approve such move
ZLWKRXWDKHDULQJ>)RUPHUO\@
823.>)RUPHUO\F†
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ENFORCEMENT AND REMEDIES
823.081 Enforcement of laws relating to
carriers. (1) The Department of Transporta-
tion shall inquire into any neglect or violation
of any law of this state, or any law or ordinance
of any municipality thereof, relating to motor
carriers or railroads by any motor carrier or
UDLOURDGGRLQJEXVLQHVVWKHUHLQLWVRIÀFHUV
agents or employees and shall enforce all laws
of this state relating to motor carriers and
railroads and may enforce all such laws and
RUGLQDQFHVRIDPXQLFLSDOLW\7KHGHSDUWPHQW
shall report all violations of any such laws or
RUGLQDQFHVWRWKH$WWRUQH\*HQHUDO
(2) The Attorney General, district attorney
of each county, all state, county and city police
RIÀFHUVDQGSROLFHRIÀFHUVFRPPLVVLRQHGE\D
XQLYHUVLW\XQGHU256RUVKDOO
assist the department in the administration
and enforcement of all laws related to motor
carriers and railroads administered by the
department, and they, as well as assistants
and employees of the department, shall inform
against and diligently prosecute all persons
whom they have reasonable cause to believe
guilty of the violation of any such laws or of
the rules, regulations, orders, decisions or
Page 447
requirement, order, term or condition issued
thereunder, the department may apply to any
circuit court of the state where such motor car-
rier, railroad or any other person subject to the
jurisdiction of the department operates for the
enforcement of such statute, rule, regulation,
UHTXLUHPHQWRUGHUWHUPRUFRQGLWLRQ
(2) Such court, without bond, has jurisdic-
tion to enforce obedience thereto by injunction,
or by other processes, mandatory or otherwise,
restraining such motor carrier, railroad or any
other person subject to the jurisdiction of the
GHSDUWPHQWRULWVRIÀFHUVDJHQWVHPSOR\HHV
and representatives from further violations of
such statute, rule, regulation, requirement,
order, term or condition, and enjoining upon
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(3) The provisions of this section are in addi-
tion to and not in lieu of any other enforcement
provisions contained in any statute adminis-
WHUHGE\WKHGHSDUWPHQW>F†@
823.085 Liability for damages to
injured person. (1) Any motor carrier or
railroad that does, or causes or permits to be
done, any matter, act or thing prohibited by
256FKDSWHUVDQGRURPLWV
to do any act, matter or thing required to be
GRQHE\256FKDSWHUVDQG
is liable to the person injured thereby in the
amount of damages sustained in consequence
RIVXFKYLRODWLRQ,IWKHSDUW\VHHNLQJGDPDJHV
alleges and proves that the wrong or omission
was the result of gross negligence or willful
misconduct, the motor carrier or railroad is
liable to the person injured thereby in treble
the amount of damages sustained in conse-
TXHQFHRIWKHYLRODWLRQ7KHFRXUWPD\DZDUG
reasonable attorney fees to the prevailing
SDUW\LQDQDFWLRQXQGHUWKLVVHFWLRQ
(2015 Edition)
 OREGON VEHICLE CODE

(2) Any recovery under this section does such property may be delivered, or over whose
not affect recovery by the state of the penalty, line such property may pass when transported
IRUIHLWXUHRUÀQHSUHVFULEHGIRUVXFKYLRODWLRQ on a through bill of lading, notwithstanding
(3) This section does not apply with respect any limitation of liability or limitation of the
to the liability of any motor carrier or railroad amount of recovery, or representation or agree-
IRUSHUVRQDOLQMXU\RUSURSHUW\GDPDJH> ment as to value in any such receipt or bill of
F††F†@ lading, or in any contract, rule or regulation,
RULQDQ\WDULIIÀOHGZLWKWKH'HSDUWPHQWRI
823.087 Effect of carrier laws on Transportation; and any such limitation, irre-
common law and other statutory rights spective of the manner or form in which it is
of action, duties and liabilities. (1) The VRXJKWWREHPDGHLVXQODZIXODQGYRLG
remedies and enforcement procedures provided
LQ256FKDSWHUVDQGGRQRW (3) The provisions of subsection (2) of this
release or waive any right of action by the state section respecting liability for full actual loss,
or by any person for any right, penalty or for- GDPDJHRULQMXU\VKDOOQRWDSSO\
feiture that may arise under any law of this (a) To baggage carried on passenger trains or
state or under an ordinance of any municipality ERDWVRUWUDLQVRUERDWVFDUU\LQJSDVVHQJHUV
WKHUHRI (b) To property, except ordinary livestock,
(2) All penalties and forfeitures accru- concerning which the carrier is expressly autho-
ing under said statutes and ordinances are rized or required by order of the Department of
cumulative and a suit for and recovery of one, Transportation to establish and maintain rates
shall not be a bar to the recovery of any other dependent upon the value declared in writing
SHQDOW\ by the shipper or agreed upon in writing as the
(3) The duties and liabilities of the motor UHOHDVHGYDOXHRIWKHSURSHUW\´2UGLQDU\OLYH-
carriers or railroads shall be the same as are VWRFNµLQFOXGHVDOOFDWWOHVZLQHVKHHSJRDWV
prescribed by the common law, and the rem- KRUVHVDQGPXOHVH[FHSWVXFKDVDUHFKLHÁ\
edies against them the same, except where used for breeding, racing, show purposes or
otherwise provided by the Constitution or stat- RWKHUVSHFLDOXVHV
utes of this state, and the provisions of ORS (4) The Department of Transportation may
FKDSWHUVDQGDUHFXPXODWLYH make the order referred to in subsection (3)
WKHUHWR>F†F†@ (b) of this section in cases where rates depen-
823.090>)RUPHUO\F† dent upon and varying with declared or agreed
F†UHQXPEHUHGLQ@ values would, in the opinion of the department,
be just and reasonable under the circumstances
823.100>)RUPHUO\F† DQGFRQGLWLRQVVXUURXQGLQJWKHWUDQVSRUWDWLRQ
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reference thereto and may establish rates vary-
LQJZLWKWKHYDOXHVRGHFODUHGDQGDJUHHGXSRQ
RECEIPTS AND BILLS OF LADING >)RUPHUO\F†@
823.101 Duty of carrier to issue bill of 823.103 Limitations on carrier’s power
lading on intrastate shipments; liability WRVHWWLPHIRUÀOLQJRIFODLPRUVWDUWLQJ
of carrier to holder for damage to ship- action. A for-hire carrier, railroad or trans-
ment. (1) Any for-hire carrier, railroad or SRUWDWLRQFRPSDQ\UHIHUUHGWRLQ256
transportation company receiving property may not provide by rule, contract, regulation or
for transportation wholly within this state, RWKHUZLVHDSHULRGIRUÀOLQJFODLPVGHVFULEHG
from one point in this state to another point LQ256VKRUWHUWKDQWKHIROORZLQJ
in this state, shall issue in accordance with
the applicable provisions of ORS chapter 77 a (1) Nine months after delivery of property or
receipt or bill of lading therefor, and shall be after reasonable time for delivery has elapsed
liable to the lawful holder thereof for any loss, IRUÀOLQJRIFODLPVLQZULWLQJH[FHSWWKDWLIWKH
damage or injury to such property caused by carrier is a for-hire carrier of household goods,
it, or by any common carrier to which such WKUHHPRQWKV
property may be delivered, or over whose line  7ZR\HDUVIRUWKHLQVWLWXWLRQRIVXLWV7KH
or lines such property may pass, when trans- period for institution of suits shall be computed
SRUWHGRQDWKURXJKELOORIODGLQJ1RFRQWUDFW from the day when notice is given by the carrier
receipt, rule, regulation or other limitation of to the claimant that the carrier has disallowed
any character whatsoever shall exempt such DOORUDQ\SDUWRIWKHFODLPVSHFLÀHGLQWKH
for-hire carrier, railroad or transportation QRWLFH>)RUPHUO\F†
FRPSDQ\IURPVXFKOLDELOLW\ F†@
(2) Any for-hire carrier, railroad or trans- 823.105 Prohibitions. No common carrier
portation company so receiving property for VXEMHFWWR256WRLWVGLUHF-
transportation wholly within this state shall WRURURIÀFHUUHFHLYHUWUXVWHHOHVVHHDJHQW
be liable to the lawful holder of such receipt or person acting for or employed by it, shall,
or bill of lading, or to any party entitled to alone or with any other person, willfully do or
recover thereon, whether such receipt or bill cause to be done, or willingly suffer or permit
of lading has been issued or not, for the full to be done, any act, matter or thing prohibited
actual loss, damage or injury to such property RUGHFODUHGWREHXQODZIXOLQ256WR
caused by it, or by any common carrier to which RUDLGRUDEHWWKHUHLQRUZLOOIXOO\RPLW

Page 448 (2015 Edition)

 &$55,(55(*8/$7,21*(1(5$//<
or fail to do any act, matter or thing required
WREHGRQHE\256WRRUFDXVH
or willingly suffer or permit any act, matter or
WKLQJVRGLUHFWHGRUUHTXLUHGE\256
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823.107 Existing remedies not affected.
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deprive any holder of a receipt or bill of lading
of any remedy or right of action which the
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PENALTIES
823.991 Penalties. (1) Any motor carrier
or railroad that fails to comply with an order
RUVXESRHQDLVVXHGSXUVXDQWWR256
shall pay a civil penalty, for each day it so fails,
RIQRWOHVVWKDQQRUPRUHWKDQ
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823.140>)RUPHUO\F†
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823.145>F†F†
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823.150>)RUPHUO\F†
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823.160>)RUPHUO\F†
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823.170>)RUPHUO\F†
 ([FHSWZKHUHDSHQDOW\LVRWKHUZLVH
provided by law, any motor carrier or railroad
shall pay a civil penalty of not less than $100
nor more than $10,000 for each time that the
PRWRUFDUULHURUUDLOURDG
(a) Violates any statute regarding motor car-
riers or railroads, as appropriate, administered
by the Department of Transportation;
(b) Does any act prohibited, or fails to per-
form any duty enjoined upon the motor carrier
or railroad;
(c) Fails to obey any lawful requirement or
order made by the department; or
(d) Fails to obey any judgment made by any
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823.180>)RUPHUO\F†
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823.190>)RUPHUO\F†
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823.200>)RUPHUO\F†
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 9LRODWLRQRI256LVSXQLVKDEOH
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ment, by a civil penalty of not less than $1,000
IRUHDFKRIIHQVH$SHQDOW\RIQRWOHVVWKDQ
nor more than $1,000 shall be recovered from
the motor carrier or railroad for each such
RIIHQVHZKHQVXFKRIÀFHUDJHQWRUHPSOR\HH
acted in obedience to the direction, instruction
or request of the motor carrier or railroad, or
DQ\JHQHUDORIÀFHUWKHUHRI
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that knowingly permits the violation of ORS
VKDOOIRUIHLWXSRQFRQYLFWLRQQRWPRUH
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823.215>)RUPHUO\F†
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823.220>)RUPHUO\F†
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823.230>)RUPHUO\F†
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823.240>)RUPHUO\F†
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823.250>F†F†
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or other person acting for or employed by any
motor carrier or railroad shall in every case
be deemed to be the act, omission or failure of
VXFKPRWRUFDUULHURUUDLOURDG:LWKUHVSHFWWR
any violation of any statute administered by
the department regarding motor carriers or
railroads, any penalty provision applying to
such a violation by a motor carrier or railroad
shall apply to such a violation by any other
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Page 449 (2015 Edition)

 OREGON VEHICLE CODE

a penalty, forfeiture or other sum be paid to  9LRODWLRQRI256LVDVSHFLÀF

the aggrieved party, all penalties or forfeitures ÀQHYLRODWLRQSXQLVKDEOHE\DÀQHRIQRWPRUH
collected from persons subject to the regulatory WKDQIRUHDFKRIIHQVH
authority of the department under ORS chap- (10) Civil penalties under this section shall
WHUVDQGVKDOOEHSDLGLQWR be imposed in the manner provided by ORS
the General Fund and credited to the Motor >6XEVHFWLRQVWRRI(GL-
Carrier Account if collected from a motor car- WLRQHQDFWHGDVF†VXEVHFWLRQ
rier and to the Railroad Fund created under RI(GLWLRQIRUPHUO\F
256LIFROOHFWHGIURPDUDLOURDG †F†F†
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ment, by a civil penalty of not more than
IRUHDFKRIIHQVH _______________

Page 450 (2015 Edition)

 5$,/52$'6

Chapter 824

(',7,21
RAILROADS

FUNDS, ACCOUNTS AND FEES 824.068 Water quality and sanitation facil-
ity standards for locomotives and
824.010 Annual fees payable by railroads; caboose cars
audit
824.012 Failure to pay fees; penalty
HAZARDOUS MATERIALS
824.014 Railroad Fund; sources; use
824.016 State Rail Rehabilitation Fund; use  ´+D]DUGRXVPDWHULDOVµGHÀQHG
824.018 Grade Crossing Protection Account; 824.082 Notice of movement of hazardous
use; limits PDWHULDOVFRQÀGHQWLDOLW\RIQRWLFH
information
824.019 Grade Crossing Safety Improvement
Fund 824.084 Visual external inspections required
on cars standing in rail yards or sta-
tions more than two hours
GENERAL PROVISIONS 824.086 Designation of hazardous materials
and notice requirements; rules
 'HÀQLWLRQVIRU256WR
 1RWLI\LQJ2IÀFHRI(PHUJHQF\0DQ-
824.022 Applicability of ORS 824.020 to
agement of reportable incident,
824.042, 824.050 to 824.110 and 824.200
GHUDLOPHQWVDQGÀUHVUDGLRJHDU
to 824.256
824.090 Department to set standards for safe
824.024 Procedure for construction of side
transportation of hazardous wastes;
lines and extensions
rules; civil penalty
824.092 Disclosure of hazardous waste
INSPECTORS; REPORTS reports and information to Environ-
mental Protection Agency
824.026 Railway inspectors required; powers
and duties
824.030 Annual report to department; penalty CABOOSE REQUIREMENTS
 'HÀQLWLRQVIRU256WR
ACQUISITION OR 824.102 Application of requirements
ABANDONMENT OF LINES 824.104 Fire extinguishers; exemption
824.040 Government acquisition of lines; per- 824.106 Use of noncomplying caboose prohib-
mitted actions ited; equipment failure; repair
824.042 Department to participate in con- 824.108 Register for reporting failures of
tested abandonment proceedings equipment or maintenance stan-
dards; rules for use
824.110 Administrative authority of depart-
SAFETY PROGRAM STANDARD
ment; rules
824.045 Department establishment of state
safety oversight program for rail
À[HGJXLGHZD\V\VWHPIHHUXOHV RAILROAD CROSSINGS
 'HÀQLWLRQVIRU256WR
FACILITIES AND TRACKS 824.202 Policy; authority vested in state and
department
824.050 Inspection of, recommendations
824.204 Authority to construct grade cross-
on and orders concerning railroad
ings; protective devices
equipment and facilities
824.206 Elimination, relocation or alteration
824.052 Track clearances
of grade crossing; installation or
824.054 Cooperation with federal agencies alteration of protective devices
on matters of safety; disclosure of
 $XWKRULW\WRÀ[VSHHGVDQGUHJXODWH
reports if required by federal law
sounding of train warning devices at
824.056 Walkway standards; rules; variances crossings
824.058 Track improvement and rehabilita- 824.210 Construction and alteration of cross-
tion program ings above or below grade
 6SHFLÀFDWLRQVIRUFRQVWUXFWLRQDQG
EQUIPMENT maintenance of crossings; appli-
FDWLRQRIVSHFLÀFDWLRQVSULRULWLHV
824.060 First aid kits required on locomotives compliance
and caboose cars 824.214 Procedure to obtain permission for
824.062 Equipment required on track motor crossings; rules
cars 824.216 Procedure to compel compliance with
824.064 Self-propelled vehicles used in yards orders
or terminals 824.218 Work and materials furnished by rail-
824.066 Helper unit operation restrictions road company; supervision of work

Page 451 (2015 Edition)

 OREGON VEHICLE CODE

824.220 Protective devices; rules 824.246 Apportionment of costs of crossing

824.222 Authority over duration that grade closure
crossing may be blocked; penalty 824.248 Apportionments for crossings above
824.223 Authority to regulate distance from or below grade
grade crossing at which railroad may 824.250 Apportionment when federal funds
stop or park equipment; penalty available
824.224 When stop signs are to be installed 824.252 Procedure when disagreement as to
by railroad; exemption; grade cross- apportionment exists
ing alteration, relocation or closure 824.254 Reimbursement procedure for rail-
824.226 Dangerous grade crossings; notice; road and public authority
hearing; order to install protective 824.256 Expense contributed by public held
devices; apportioning of cost in trust by railroad company
824.228 Procedure for determining mode
of track crossing of intersecting
railroads EMPLOYEE SAFETY REGULATIONS
824.230 Installation of protective devices 824.300 Required crews on trains; exception
where railroads intersect at grade
 4XDOLÀFDWLRQRIÁDJJHU
824.232 Forfeiture for noncompliance
824.304 Guarding frogs, switches and
 8VHRIÀQGLQJVRIGHSDUWPHQWUHJDUG- guardrails
ing hazards at crossings
824.306 Shelter of car repairers
824.236 Protective devices at unauthorized
 5DLOURDGVWRSURYLGHÀUVWDLGWUDLQ-
railroad-highway crossing; appor-
ing for employees
tionment to railroad; reimbursement;
closure 824.310 Immunity from liability of persons
SURYLGLQJÀUVWDLGWUHDWPHQW
824.237 Prohibition on disbursement from
Connect Oregon Fund to railroad
that charges for easement across PASSENGER RAIL
railroad crossing; Benton and Linn
Counties 824.400 Passenger rail plan
824.410 Quarterly report to Legislative
Assembly
COST APPORTIONMENTS
824.420 Cascades Rail Corridor
824.238 Division of costs between railroad
824.430 Annual report to Legislative
and public authority
Assembly
824.240 Payment when public highway
involved
824.242 Apportionment of costs for installa- PENALTIES
tion of protective devices 824.990 Civil penalties
824.244 Apportionment of costs for mainte- 824.992 Criminal penalties
nance of protective devices

Page 452 (2015 Edition)

 5$,/52$'6
FUNDS, ACCOUNTS AND FEES
824.010 Annual fees payable by rail-
roads; audit. (1) Subject to the provisions
of subsections (3) and (4) of this section,
each railroad shall pay to the Department of
Transportation in each year, such fee as the
GHSDUWPHQWÀQGVDQGGHWHUPLQHVWREHQHFHV-
sary, with the amount of all other fees paid or
payable to the department by such railroads in
the current calendar year, to defray the costs
of performing the duties imposed by law upon
the department in respect to such railroads
and to pay such amounts as may be necessary
to obtain matching funds to implement the
SURJUDPUHIHUUHGWRLQ256
 
824.012 Failure to pay fees; penalty.
(YHU\SHUVRQZKRIDLOVWRSD\DQ\IHHVSUR-
YLGHGIRULQ256DIWHUWKH\DUHGXH
and payable shall, in addition to such fees,
pay a penalty of two percent of such fees for
each and every month or fraction thereof that
WKH\UHPDLQXQSDLG,ILQWKHMXGJPHQWRIWKH
Department of Transportation, action is nec-
essary to collect any unpaid fees or penalties,
the department shall bring such action or take
such proceedings as may be necessary thereon
in the name of the State of Oregon in any court
of competent jurisdiction, and be entitled to
recover all costs and disbursements incurred
WKHUHLQ>F†@
824.014 Railroad Fund; sources; use.
 ,QHDFKFDOHQGDU\HDUWKHSHUFHQWDJHUDWH
of the fee required to be paid shall be deter-
mined by orders entered by the department
on or after March 1 of each year, and notice
WKHUHRIVKDOOEHJLYHQWRHDFKUDLOURDG6XFK
railroad shall pay to the department the fee
or portion thereof so computed upon the date
VSHFLÀHGLQVXFKQRWLFHZKLFKGDWHVKDOOEH
at least 15 days after the date of mailing such
QRWLFH
(3) Fifty percent of the cost of carrying out
(1) The Railroad Fund is established separate
DQGGLVWLQFWIURPWKH*HQHUDO)XQG,QWHUHVW
HDUQHGLIDQ\VKDOOLQXUHWRWKHEHQHÀWRIWKH
5DLOURDG)XQG
(2) All fees, penalties and other moneys
collected by the Department of Transporta-
WLRQXQGHU256DQGVKDOOEH
paid by the department into the State Treasury
within 30 days after the collection thereof, and
shall be placed by the State Treasurer to the
credit of the Railroad Fund created by sub-
the duties, functions and powers imposed upon
WKHGHSDUWPHQWE\256WR
shall be paid from the Grade Crossing Pro-
WHFWLRQ$FFRXQW
(4) The department shall determine the
gross operating revenues derived within
this state in the preceding calendar year by
&ODVV,UDLOURDGVDVDZKROHDQGE\RWKHUUDLO-
roads individually subject to the following
OLPLWDWLRQV is established as an account in the General
(a) The total of the fees payable by Class
,UDLOURDGVVKDOOQRWH[FHHGWKLUW\ÀYHKXQ-
dredths of one percent of the combined gross
RSHUDWLQJUHYHQXHVRI&ODVV,UDLOURDGVGHULYHG
VHFWLRQRIWKLVVHFWLRQ7KHIHHVSHQDOWLHV
and other moneys collected from railroads
shall be used only for the purpose of paying
the expenses of the department in performing
the duties imposed by law upon the department
LQUHVSHFWWRUDLOURDGV>F††D
F†@
824.016 State Rail Rehabilitation Fund;
use. (1) The State Rail Rehabilitation Fund
)XQGRIWKH6WDWH7UHDVXU\$OOPRQH\VLQWKH
account are appropriated continuously to the
Department of Transportation for expendi-
WXUHVIRUDQ\RUDOORIWKHIROORZLQJ
ZLWKLQWKLVVWDWH7KHIHHSDLGE\HDFK&ODVV  D$FTXLVLWLRQRIDUDLOURDGOLQH
,UDLOURDGVKDOOEHDUWKHVDPHSURSRUWLRQWR
WKH WRWDO IHHV SDLG E\ &ODVV , UDLOURDGV DV (b) Rehabilitation or improvement of rail
such railroad’s share of railroad-highway SURSHUWLHV
crossings, track miles and gross operating
revenues derived within the state, weighted
HTXDOO\EHDUVWRWKHWRWDODPRXQWRI&ODVV,
railroad-highway crossings within the state,
track miles within the state and gross operat-
LQJUHYHQXHVGHULYHGZLWKLQWKHVWDWH
(b) The fees payable by other railroads
VKDOOQRWH[FHHGWKLUW\ÀYHKXQGUHGWKVRIRQH
percent of any such railroad’s gross operating
UHYHQXHV
(5) Payment of each fee or portion thereof
provided for in subsections (1) to (4) of this
section shall be accompanied by a statement
YHULÀHGE\WKHUDLOURDGLQYROYHGVKRZLQJLWV
gross operating revenues upon which such fee
RUSRUWLRQWKHUHRILVFRPSXWHG7KLVVWDWHPHQW
 F3ODQQLQJIRUUDLOVHUYLFHV
(d) Any other methods of reducing the costs
RIORVWUDLOVHUYLFHLQWKLVVWDWH
(2) The program developed by the Depart-
ment of Transportation under this section to
SURYLGHIXQGVIRUUDLOSURMHFWVVKDOOLQFOXGH
(a) Development of a formula for determin-
LQJDPLQLPXPFRVWWREHQHÀWUDWLRQHFHVVDU\
for project funding;
(b) Supervision and monitoring of railroad
acquisitions and the awarding of rehabilitation
contracts;
(c) Continuing inspection of all railroad
rehabilitation projects; and
shall be in such form and detail as the Depart-
ment of Transportation shall prescribe and
VKDOOEHVXEMHFWWRDXGLWE\WKHGHSDUWPHQW
The department may refund any overpayment
of any such fee in the same manner as other
claims and expenses of the department are pay-
DEOHDVSURYLGHGE\ODZ>F††@
 G$XGLWLQJÀQDQFLDOUHFRUGVRIDOOUDLOURDG
DFTXLVLWLRQDQGUHKDELOLWDWLRQSURMHFWV
(3) The Department of Transportation shall
provide funds for railroad projects under this
section only with the approval of the Oregon

Page 453 (2015 Edition)

 OREGON VEHICLE CODE
7UDQVSRUWDWLRQ &RPPLVVLRQ >)RUPHUO\
F†@
824.018 Grade Crossing Protection
Account; use; limits. (1) There is estab-
lished in the State Highway Fund an account
to be known as the Grade Crossing Protec-
WLRQ$FFRXQW7KHUHVKDOOEHFUHGLWHGWRWKH
DFFRXQWHDFKÀVFDO\HDUIURPIXQGVUHFHLYHG
by the State Highway Fund from the regis-
tration of vehicles and licensing of drivers
under the Oregon Vehicle Code, the sum of
$300,000 plus an amount equal to 50 percent
of the cost of carrying out the duties, functions
and powers imposed upon the Department of
7UDQVSRUWDWLRQE\256WR
State-shared highway fund revenues for cities
and counties, as well as Department of Trans-
)XQG0RQH\VLQWKHIXQGDUHFRQWLQXRXVO\
appropriated to the Department of Transpor-
tation for the purpose of grade crossing safety
LPSURYHPHQWSURMHFWV>F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
GENERAL PROVISIONS
 'HÀQLWLRQVIRU256WR
824.042. $VXVHGLQ256WR
XQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH
portation expenditures for the elimination of
hazardous railroad-highway crossings, shall be
computed and allocated prior to any appropri-
DWLRQRUWUDQVIHUWRWKHDFFRXQW7KHDPRXQW
of $300,000 credited to the account is contin-
uously appropriated and shall be expended for
railroad-highway crossing safety as authorized
 ´&ODVV,UDLOURDGµKDVWKHPHDQLQJJLYHQ
that term in rules adopted by the Department
RI7UDQVSRUWDWLRQ7KHGHÀQLWLRQRI´&ODVV,
UDLOURDGµLQUXOHVDGRSWHGE\WKH'HSDUWPHQW
of Transportation shall be consistent, insofar
DVSUDFWLFDEOHZLWKWKHGHÀQLWLRQRIWKHWHUP
XQGHUIHGHUDOODZDQGUHJXODWLRQV
E\256WRDQGVXEVHFWLRQ   ´5DLOURDGµ PHDQV DOO FRUSRUDWLRQV
RIWKLVVHFWLRQ7KHDPRXQWFUHGLWHGWRWKH
account for paying the cost of carrying out the
duties, functions and powers of the department
E\256WRLVWUDQVIHUUHGDQG
appropriated to the Department of Transpor-
tation and shall be used as provided in ORS
municipal corporations, counties, companies,
individuals, associations of individuals and
WKHLUOHVVHHVWUXVWHHVRUUHFHLYHUVWKDW
(a) Own, operate by steam, electric or other
motive power, manage or control all or part
1RPRUHWKDQLQWKH
aggregate shall be allocated from the account
LQDQ\RQHÀVFDO\HDUIRUFRVWVRIFRQVWUXF-
tion, reconstruction, alteration or relocation
of separated crossings; provided however the
unapportioned amount in the Grade Crossing
3URWHFWLRQ$FFRXQWDWWKHHQGRIHDFKÀVFDO
year may be allocated for costs of reconstruc-
tion, alteration or relocation of separated
FURVVLQJV
(2) Moneys credited to the account may
also be allocated for such highway purposes
as the Department of Transportation deems
appropriate in order to enhance safety at rail-
URDGKLJKZD\FURVVLQJV7KH'HSDUWPHQWRI
of any railroad or interurban railroad as a
common or for hire carrier in this state, or cars
or other equipment used thereon, or bridges,
terminals or sidetracks used in connection
therewith, whether owned or operated under
DFRQWUDFWDJUHHPHQWOHDVHRURWKHUZLVH
(b) Are engaged in the ownership, manage-
ment or control of terminals in this state, which
corporations, municipal corporations, counties,
companies, individuals and associations hereby
are declared to be common and for hire carri-
ers, or the transportation of property within
WKLVVWDWHE\H[SUHVV>)RUPHUO\@
824.022 Applicability of ORS 824.020 to
824.042, 824.050 to 824.110 and 824.200 to
Transportation may allocate no more than
$100,000 annually to railroads to defray the
costs of maintenance of protective devices at
UDLOURDGKLJKZD\FURVVLQJV
824.256. 256WR
WRDQGWRDSSO\WR
(a) The transportation of passengers and
SURSHUW\
  $V XVHG LQ WKLV VHFWLRQ ´KLJKZD\µ
´PDLQWHQDQFHFRVWVµ´SURWHFWLYHGHYLFHµDQG
´UDLOURDGµKDYHWKHPHDQLQJJLYHQWKRVHWHUPV
LQ256>)RUPHUO\F
†@
824.019 Grade Crossing Safety Improve-
ment Fund. (1) The Grade Crossing Safety
,PSURYHPHQW)XQGLVHVWDEOLVKHGVHSDUDWH
DQGGLVWLQFWIURPWKH*HQHUDO)XQG,QWHUHVW
HDUQHGE\WKH*UDGH&URVVLQJ6DIHW\,PSURYH-
PHQW)XQGVKDOOEHFUHGLWHGWRWKHIXQG
(b) The receiving, delivering, switching,
storing, elevation and transfer in transit, ven-
tilation, refrigeration or icing, and handling
of such property, and all charges connected
WKHUHZLWK
(c) All railroad, terminal, car, tank line,
IUHLJKWDQGIUHLJKWOLQHFRPSDQLHV
(d) All associations of persons, whether
incorporated or otherwise, that do business
as common or for hire carriers upon or over
 1RWZLWKVWDQGLQJ256DOOFLYLO
SHQDOWLHVFROOHFWHGXQGHU256DQG
VKDOOEHSDLGE\WKH'HSDUWPHQWRI
Transportation into the State Treasury within
30 days after the collection thereof and shall
be placed by the State Treasurer to the credit
RIWKH*UDGH&URVVLQJ6DIHW\,PSURYHPHQW
DQ\OLQHRIUDLOURDGZLWKLQWKLVVWDWH
(e) Any common or for hire carrier engaged
in the transportation of passengers or property
wholly by rail or partly by rail and partly by
ZDWHU

Page 454 (2015 Edition)

 5$,/52$'6  

 256WRGRQRWDSSO\WR rule, regulation, requirement, order, standard,

logging or other private railroads not doing term or condition referred to in subsection (1)
EXVLQHVVDVFRPPRQFDUULHUV RIWKLVVHFWLRQ>)RUPHUO\@
 256WRDQGWR 824.028>)RUPHUO\UHSHDOHGE\
GRQRWDSSO\WRFRUSRUDWLRQVFRPSD- F†@
nies, individuals, associations of individuals 824.030 Annual report to department;
DQGWKHLUOHVVHHVWUXVWHHVRUUHFHLYHUVWKDW penalty. (YHU\UDLOURDGVKDOODQQXDOO\
(a) Are primarily involved in a business on or before May 1, unless additional time is
enterprise other than rail transportation; JUDQWHGÀOHZLWKWKH'HSDUWPHQWRI7UDQVSRU-
(b) Conduct rail operations 50 percent or WDWLRQDUHSRUWYHULÀHGE\DGXO\DXWKRUL]HG
more of which are for the purpose of provid- RIÀFHULQVXFKIRUPDQGFRQWDLQLQJVXFKLQIRU-
ing transportation to the primary business mation as the department shall prescribe,
enterprise; covering the year ending December 31 next
SUHFHGLQJ
(c) Operate on less than 10 miles of track;
and (2) Any railroad failing to make such report
shall forfeit to the state, for each day’s default,
(d) Provide for hire rail transportation ser- a sum not to exceed $100, to be recovered in a
YLFHWRQRPRUHWKDQÀYHSHUVRQV>)RUPHUO\ FLYLODFWLRQLQWKHQDPHRIWKH6WDWHRI2UHJRQ
@ >)RUPHUO\@
824.024 Procedure for construction of
side lines and extensions. ,IDQ\UDLOZD\ ACQUISITION OR
company owning or operating a railway within ABANDONMENT OF LINES
this state desires to construct any branch line
or side line, or to build an extension of the 824.040 Government acquisition of
main line, its board of directors shall adopt lines; permitted actions. (1) The State of
DUHVROXWLRQGHÀQLQJWKHEUDQFKVLGHOLQHRU Oregon, a city, county, county service district,
extension, and designating the termini thereof, mass transit district organized under ORS
and shall cause a copy of such resolution, cer- WRDWUDQVSRUWDWLRQGLVWULFW
WLÀHGE\LWVVHFUHWDU\WREHÀOHGLQWKHRIÀFHRUJDQL]HGXQGHU256WRRUD
RIWKH6HFUHWDU\RI6WDWHDQGLQWKHRIÀFHRI port may acquire, own, reconstruct, rehabil-
each county clerk in or through whose county itate, operate or maintain a railroad line for
such branch or side line or extension is to be WKHEHQHÀWDQGXVHRILWVLQKDELWDQWVDQGIRU
FRQVWUXFWHG7KHUHXSRQVXFKFRUSRUDWLRQKDV SURÀW
the right to build and construct such branch,  ,QWKHH[HUFLVHRIWKHSRZHUJUDQWHG
side line or extension, and to exercise the right
under subsection (1) of this section, this state,
of eminent domain as provided by law, and a city, county, county service district, mass
the termini so designated in such resolution transit district, transportation district or port
VKDOOEHDVXIÀFLHQWGHVLJQDWLRQWKHUHRIIRUWKH
PD\
purpose of exercising such right of eminent
GRPDLQ>)RUPHUO\@ (a) Acquire, by purchase or otherwise,
own, reconstruct, rehabilitate or operate a
railroad as described in subsection (1) of this
INSPECTORS; REPORTS section within and outside its boundaries
and the boundaries of this state and running
824.026 Railway inspectors required; from the city, county, district or port to other
powers and duties. (1) The Department of points within and outside its boundaries and
Transportation shall employ at least three WKHERXQGDULHVRIWKLVVWDWH
full-time railroad inspectors to assist the
department as the department may prescribe (b) Acquire rights of way, easements or real
LQ property within and outside its boundaries and
the boundaries of this state when necessary or
 D,QTXLULQJLQWRDQ\QHJOHFWRUYLRODWLRQ convenient for the acquisition and operation of
of and enforcing any law of this state or any WKHUDLOURDGOLQH
law or ordinance of any municipality thereof
relating to railroad safety;  F(QWHULQWRFRQWUDFWVZLWKDQ\SHUVRQIRU
the reconstruction, rehabilitation, operation
 E,QTXLULQJLQWRDQ\QHJOHFWRUYLRODWLRQ or maintenance of the railroad line by such
of and enforcing any rule, regulation, require- SHUVRQIRUWKHFLW\FRXQW\GLVWULFWRUSRUW
ment, order, term or condition issued by the
department relating to railroad safety; and (3) Nothing in this section shall be construed
as expanding or diminishing the power of emi-
(c) Conducting any investigative, surveil- nent domain conferred upon public bodies,
lance and enforcement activities that the designated in subsection (1) of this section,
department is authorized to conduct under E\256RUDQ\RWKHUSURYLVLRQRIODZ
federal law in connection with any federal law, >)RUPHUO\@
rule, regulation, order or standard relating to
UDLOURDGVDIHW\ 1RWH  ZDV DGGHG WR DQG PDGH D
SDUWRI256FKDSWHUVDQG
(2) A railroad inspector may stop and detain by legislative action but was not added to
any train and the contents thereof that the 256FKDSWHURUDQ\VHULHVWKHUHLQ6HH
railroad inspector reasonably believes is being
operated in violation of any law, ordinance,

Page 455 (2015 Edition)

 OREGON VEHICLE CODE

Preface to Oregon Revised Statutes for further transportation agency safety plan adopted pur-
H[SODQDWLRQ VXDQWWR86&G
824.042 Department to participate in (c) May inspect, investigate and enforce the
contested abandonment proceedings. The VDIHW\RIUDLOÀ[HGJXLGHZD\V\VWHPV
Department of Transportation shall partici-
pate before the appropriate federal agency in
all contested railroad line abandonment pro-
ceedings involving the proposed abandonment
RIDQ\UDLOURDGOLQHLQWKLVVWDWH3ULRUWRVXFK
participation, the department shall consult
with public entities and users of railroad ser-
YLFHDIIHFWHGE\WKHSURSRVHGDEDQGRQPHQW
>)RUPHUO\@
SAFETY PROGRAM STANDARD
824.045 Department establishment of
state safety oversight program for rail
À[HGJXLGHZD\V\VWHPIHHUXOHV(1) For
WKHSXUSRVHVRIWKLVVHFWLRQ lation by the Federal Railroad Administration
 G0D\DXGLWUDLOÀ[HGJXLGHZD\V\VWHPV
for compliance with the public transportation
DJHQF\VDIHW\SODQ
(e) May investigate any hazard or risk that
WKUHDWHQVWKHVDIHW\RIDUDLOÀ[HGJXLGHZD\
V\VWHP
(f) May investigate any event involving a
UDLOÀ[HGJXLGHZD\V\VWHP
(g) May investigate any allegation of non-
FRPSOLDQFHZLWKDWUDQVLWDJHQF\VDIHW\SODQ
(4) The department shall implement the
VWDWHVDIHW\RYHUVLJKWSURJUDPIRUUDLOÀ[HG
guideway systems that are not subject to regu-
 D´$FFLGHQWµPHDQVDQHYHQWWKDWLQYROYHV
one or more persons suffering a serious injury,
property or equipment damage equal to or
greater than $25,000, a mainline derailment
occurring at any location, or an evacuation of
equipment or a station to prevent injury or loss
RIOLIH
DQGWKDWDUHQRWVXEMHFWWR86&
(5) Unless prohibited by federal law,
the department shall set an annual fee for
RZQHUVDQGRSHUDWRUVRIUDLOÀ[HGJXLGHZD\
systems to defray the costs of the safety pro-
gram described in this section and the costs
associated with department responsibilities
 E´(YHQWµPHDQVDQ\DFFLGHQWLQFLGHQWRU XQGHU2567KHGHSDUWPHQWVKDOO
RFFXUUHQFH establish by rule the manner and timing of the
FROOHFWLRQRIWKHIHH
 F´+D]DUGµPHDQVDQ\UHDORUSRWHQWLDOFRQ-
dition that can cause injury, illness or death,  )HHVFROOHFWHGE\WKHGHSDUWPHQWWKDW
damage to or loss of the facilities, equipment are in excess of the combined actual cost of
RUSURSHUW\RIDUDLOÀ[HGJXLGHZD\V\VWHPRU the safety program and the costs associated
GDPDJHWRWKHHQYLURQPHQW with department responsibilities under ORS
VKDOOEHUHIXQGHGWRRZQHUVDQG
 G´,QFLGHQWµPHDQVDQHYHQWWKDWH[FHHGV RSHUDWRUVRIUDLOÀ[HGJXLGHZD\V\VWHPVZLWKLQ
WKHGHÀQLWLRQRI´RFFXUUHQFHµEXWGRHVQRWPHHW RQH\HDUIROORZLQJWKHHQGRIWKHÀVFDO\HDULQ
WKHGHÀQLWLRQRI´DFFLGHQWµ ZKLFKWKHGHSDUWPHQWFROOHFWHGWKHH[FHVVIHHV
 H´2FFXUUHQFHµPHDQVDQHYHQWZLWKQR
injuries, where damage occurs to property
or equipment but does not affect transit
RSHUDWLRQV
,QOLHXRIDUHIXQGDQRZQHURURSHUDWRURID
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the excess fees credited against the subsequent
\HDU·VIHHSD\PHQW>F†F
†F†F†@
 I´7UDQVLW$JHQF\6DIHW\3ODQµPHDQVWKH
comprehensive safety plan for a transit agency
DVUHTXLUHGE\86&GEDVHGRQD FACILITIES AND TRACKS
safety management system and subject to fed- 824.050 Inspection of, recommenda-
HUDOUHJXODWLRQV tions on and orders concerning railroad
 6XEMHFWWR256WKH'HSDUWPHQW
of Transportation, by rule, shall establish a
state safety oversight program that applies to
DOOUDLOÀ[HGJXLGHZD\V\VWHPVLQ2UHJRQWKDW
are not subject to regulation by the Federal
5DLOURDG$GPLQLVWUDWLRQ
equipment and facilities.  ([FHSW DV
provided in subsection (2) of this section, the
Department of Transportation shall examine
and inspect the physical condition of all rail-
road facilities in the state, including roadbeds,
VWDWLRQVDQGHTXLSPHQW:KHQHYHULWDSSHDUV
 )RUSXUSRVHVRI86&HWKH
department is designated as the state safety
oversight agency to monitor compliance with
WKHSURJUDPIRUUDLOÀ[HGJXLGHZD\V\VWHPV
that are not subject to regulation by the Fed-
HUDO5DLOURDG$GPLQLVWUDWLRQ7KHVWDWHVDIHW\
RYHUVLJKWDJHQF\ such condition or practice is not corrected to
(a) Shall implement the state safety
oversight program in compliance with the
UHTXLUHPHQWVRI86&
(b) May review, approve, oversee and enforce
the implementation, by the owner and operator
RIDUDLOÀ[HGJXLGHZD\V\VWHPRIWKHSXEOLF
from such inspection that the safety of the
public or the employees of such railroad may
be threatened, notice of the condition or prac-
tice under investigation shall be given to the
railroad and any person responsible for the
PDLQWHQDQFHRUXVHRIWKHUDLOURDGIDFLOLW\,I
the department’s satisfaction, the department
VKDOOVHWWKHPDWWHUIRUKHDULQJ)ROORZLQJ
such hearing the department shall order the
railroad or person responsible for the mainte-
nance or use of the railroad facility to make
any repairs, alterations, or changes necessary
to correct or eliminate any condition or practice
found to threaten the safety of the public or

3DJH (2015 Edition)

 5$,/52$'6  

WKHHPSOR\HHVRIWKHUDLOURDG,ILQWKHRSLQLRQ
of the Department of Transportation a condi-
tion or practice is so hazardous as to place the
employees of the railroad in immediate danger
the department may issue, after hearing, upon
48 hours’ written notice given the railroad, an
order prohibiting the use of the facility until
such time as necessary repair, alterations or
FKDQJHVDUHPDGH
(2) This section does not apply to a penalty
 ,GHQWLI\VHJPHQWVRIUDLOURDGWUDFNLQ
WKLVVWDWHWKDW
(a) Are abandoned, threatened with aban-
donment or have physical characteristics that
reduce freight service; and
(b) Have the potential for providing renewed,
continued or improved rail service that would
EHQHÀWWKHVWDWHRUFRPPXQLW\EH\RQGWKHFRVW
LQYROYHG
LPSRVHGXQGHU256RU (2) Develop and implement programs
DQG>)RUPHUO\F†@ to encourage improvement of service over
VHJPHQWVRIUDLOURDGWUDFNLGHQWLÀHGXQGHU
 7UDFNFOHDUDQFHV7KH'HSDUWPHQW VXEVHFWLRQRIWKLVVHFWLRQ
of Transportation, upon own motion or upon
application of any person, and with or without (3) With the prior approval of the Oregon
KHDULQJ Transportation Commission, enter into agree-
ments with the United States Government, a
(1) May enter an order prescribing standard political subdivision in this state or any person
WUDFNFOHDUDQFHVIRUUDLOURDGV WR
  8SRQ ÀQGLQJ JRRG FDXVH PD\ HQWHU
an order granting authority for a railroad to
operate at particular points with clearances
different from those prescribed as standard
WUDFNFOHDUDQFHV>)RUPHUO\@
(a) Continue existing rail service on a
VHJPHQW RI UDLOURDG WUDFN LGHQWLÀHG XQGHU
subsection (1) of this section;
(b) Acquire a segment of railroad track iden-
824.054 Cooperation with federal agen-
cies on matters of safety; disclosure of
reports if required by federal law. (1) The
Department of Transportation may cooperate
ZLWKPDNHFHUWLÀFDWLRQVWRDQGHQWHUDJUHH-
ments with the Secretary of Transportation of
WLÀHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQWR
maintain existing or provide for future rail
service;
(c) Rehabilitate or improve, to the extent nec-
HVVDU\WRSHUPLWPRUHDGHTXDWHDQGHIÀFLHQW
rail service, railroad property on a segment of
the United States, or any other federal agency UDLOURDGWUDFNLGHQWLÀHGXQGHUVXEVHFWLRQ
with jurisdiction over railroads, under the Fed- of this section; or
eral Railroad Safety Act of 1970, as amended (d) Provide funding for less expensive
WKURXJKWKHHIIHFWLYHGDWHRIWKDW$FW alternatives to rail service over a segment of
(2) The Department of Transportation may
assume responsibility for and carry out on
behalf of the Secretary of Transportation of
the United States, or any other federal agency
with jurisdiction over railroads, regulatory
jurisdiction over the safety practices applicable
to railroad facilities and operations in Oregon
not otherwise subject to the jurisdiction of any
RWKHUDJHQF\RIWKLVVWDWH
(3) Notwithstanding any other provisions of
law to the contrary, the Department of Trans-
portation shall make public such reports as
are required to be made public under the Fed-
eral Railroad Safety Act of 1970, as amended
through the effective date of that Act and shall
provide such information as is required there-
under to the Secretary of Transportation of the
8QLWHG6WDWHV>)RUPHUO\@
824.056 Walkway standards; rules; vari-
ances. (1) The Department of Transportation,
upon the department’s motion or upon appli-
cation of any person, shall adopt rules that
prescribe standards for walkways alongside
railroad tracks where necessary for the safety
RIUDLOURDGHPSOR\HHV
UDLOURDGWUDFNLGHQWLÀHGXQGHUVXEVHFWLRQ
RIWKLVVHFWLRQ
(4) Do any act required of this state under
rules adopted by the United States Secretary
RI7UDQVSRUWDWLRQXQGHUVHFWLRQWLWOH
United States Code, for allocation and distribu-
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title 49, United States Code, for preserving
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by legislative action but was not added to ORS
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
EQUIPMENT
824.060 First aid kits required on loco-
motives and caboose cars. (YHU\ORFRPRWLYH
and caboose of every railroad operating in this
VWDWHVKDOOEHHTXLSSHGZLWKDÀUVWDLGNLW
>)RUPHUO\@
824.062 Equipment required on track
(2) The department may for good cause motor cars. (YHU\SHUVRQRSHUDWLQJRU
shown permit variances from the standards controlling any railroad which is a common
VRSUHVFULEHG>)RUPHUO\F carrier shall equip each of its track motor cars
†@ operating during the period 30 minutes before
824.058 Track improvement and reha- VXQVHWDQGPLQXWHVDIWHUVXQULVHZLWK
bilitation program. The Department of (a) An electric headlight of sufficient
7UDQVSRUWDWLRQPD\ candle power to enable the operator of the
car to plainly discern any track obstruction,

Page 457 (2015 Edition)

 OREGON VEHICLE CODE

landmark, warning sign or grade crossing at 824.082 Notice of movement of hazard-

DGLVWDQFHQRWOHVVWKDQIHHW RXVPDWHULDOVFRQÀGHQWLDOLW\RIQRWLFH
information. (1) Before transporting hazard-
 E$UHGUHDUHOHFWULFOLJKWZLWKVXIÀFLHQW
ous materials into this state or from a railroad
candle power to be plainly visible at a distance
QRWOHVVWKDQIHHW terminal located within this state, a railroad
shall, as soon as reasonably possible after it
(c) A windshield equipped with a device, has notice of such train movement, provide
which must be kept in good working order, VXFKQRWLÀFDWLRQWKHUHRIDVWKH'HSDUWPHQW
with which the operator can clean rain, snow of Transportation determines pursuant to ORS
DQGRWKHUPRLVWXUHIURPWKHZLQGVKLHOG ,IWKHLQIRUPDWLRQQHFHVVDU\IRUWKH
(d) A canopy or top adequate to protect theQRWLÀFDWLRQLVQRWDYDLODEOHEHIRUHEHJLQQLQJ
occupants of the car from sun, rain, snow or the train movement, or if hazardous materials
RWKHULQFOHPHQWZHDWKHU DUHDGGHGWRWKHWUDLQZKLOHHQURXWHQRWLÀFD-
tion shall be given as soon as the information is
 $VXVHGLQWKLVVHFWLRQ´WUDFNPRWRUFDUµ
DYDLODEOH)RUWKHSXUSRVHVRIWKLVVXEVHFWLRQ
means all power-propelled speeders and motor ´WUDLQPRYHPHQWµGRHVQRWLQFOXGHDVZLWFKLQJ
cars which can be lifted on and off the track RUWUDQVIHUPRYHPHQW
E\KDQG>)RUPHUO\@
 ([FHSWWRWKHH[WHQWWKDWWKH'HSDUWPHQW
824.064 Self-propelled vehicles used of Transportation determines is necessary to
in yards or terminals. (1) No railroad provide for the safe transportation of the haz-
shall permit or require an employee to use a ardous materials, the department, an employee
self-propelled vehicle in its yards or terminals
of the department and any person receiving
for inspecting trains, equipment or facilitiesinformation pursuant to this section shall not
or transporting employees or materials for divulge or make known the information con-
the repair of trains, equipment or facilities,WDLQHGLQWKHQRWLÀFDWLRQDWDQ\WLPHEHIRUH
unless the vehicle is designed, constructed and
or during the transportation of the hazardous
operated in accordance with the safety orders PDWHULDOVIRUZKLFKWKHQRWLÀFDWLRQLVSURYLGHG
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824.084 Visual external inspections
(2) As used in subsection (1) of this section,
required on cars standing in rail yards
´UDLOURDGµPHDQVDUDLOURDGDVGHÀQHGE\256 or stations more than two hours. (DFK
DQG>)RUPHUO\@ railcar containing hazardous materials for
NoteZDVDGGHGWRDQGPDGHD ZKLFKDQ´([SORVLYHV$µ´)ODPPDEOH*DVµ
SDUWRI256FKDSWHUVDQG RU´3RLVRQ*DVµSODFDUGLVUHTXLUHGE\IHGHUDO
by legislative action but was not added to ORSregulation, and which remains in a rail yard or
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI- station for more than two hours shall be visu-
ace to Oregon Revised Statutes for further ally inspected externally by the transporting
H[SODQDWLRQ railroad within two hours of the car’s arrival
and within two hours prior to the car’s depar-
824.066 Helper unit operation restric- WXUH>)RUPHUO\@
tions. ([FHSWIRURSHUDWLRQLQLWV\DUGVRU
terminals, no railroad shall permit or require a 824.086 Designation of hazardous mate-
rials and notice requirements; rules. After
helper unit that is not attached to a train to be
RSHUDWHGZLWKDFUHZRIIHZHUWKDQWZRSHRSOHconsultation with the State Fire Marshal the
'HSDUWPHQWRI7UDQVSRUWDWLRQVKDOOGHWHUPLQH
 $VXVHGLQWKLVVHFWLRQ´KHOSHUXQLWµ
means a locomotive power unit placed near (1) What material and quantity thereof the
transportation of which is hazardous to public
the middle of or at the rear of a train to help
WKHWUDLQWUDYHUVHVWHHSJUDGHV health, safety or welfare and shall designate by
rule such materials and quantities as hazard-
(3) A violation of this section is a Class A
RXVPDWHULDOV,QGHÀQLQJKD]DUGRXVPDWHULDOV
YLRODWLRQ>)RUPHUO\F†@
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824.068 Water quality and sanitation IRUPLW\ZLWKWKHIHGHUDOUXOHVDQGUHJXODWLRQV
facility standards for locomotives and Rules adopted under this subsection shall
caboose cars. (1) The Department of Trans- be applicable to any person who transports,
portation shall prescribe standards for water or causes to be transported, any hazardous
quality and sanitation facilities on railroad PDWHULDO
ORFRPRWLYHVDQGFDERRVHVLQWKLVVWDWH   :KDW QRWLÀFDWLRQ UHTXLUHG E\ 256
(2) The department may for good cause
shown permit variances from the standards
VRSUHVFULEHG>)RUPHUO\@
HAZARDOUS MATERIALS
LVQHFHVVDU\WRSURYLGHIRUWKH
safe transportation of hazardous materials,
including but not limited to the time, content
DQGPDQQHURIQRWLÀFDWLRQ>)RUPHUO\@
 1RWLI\LQJ2IÀFHRI(PHUJHQF\
Management of reportable incident,
 ´+D]DUGRXVPDWHULDOVµGHÀQHG GHUDLOPHQWVDQGÀUHVUDGLRJHDU(DFK
$VXVHGLQ256WR´KD]DUGRXV railroad that gives notice to the United States
PDWHULDOVµPHDQVWKRVHVXEVWDQFHVGHVLJQDWHG Department of Transportation of an incident
by the Department of Transportation pursuant that occurs during the course of transporting
WR256>)RUPHUO\@ KD]DUGRXVPDWHULDOVDVGHÀQHGE\IHGHUDOUHJ-
ulations shall also give notice of the incident

Page 458 (2015 Edition)

 5$,/52$'6  

WRWKH'LUHFWRURIWKH2IÀFHRI(PHUJHQF\ CABOOSE REQUIREMENTS

0DQDJHPHQW
 'HÀQLWLRQVIRU256WR
(2) As soon as reasonably practicable, each 824.110. $VXVHGLQ256WR
railroad shall notify the director by telephone
or similar means of communication of any  ´&DERRVHµPHDQVDQ\FDURUFRDFKXVHG
GHUDLOPHQWRUÀUHLQYROYLQJRUDIIHFWLQJKD]- RQDWUDLQWRFDUU\DWUDLQFUHZ
DUGRXVPDWHULDO  ´0DUNHUµPHDQVDQ\ODPSSURYLGLQJLOOX-
(3) To facilitate expedited and accurate mination by electrical power which is designed
notice to the director under this section, each to be displayed on a railroad car or coach for
train transporting hazardous materials in VDIHW\SXUSRVHV
this state shall be equipped with at least two
radio transmitter-receivers in good working
RUGHU,QDGGLWLRQPRQWKVDIWHU2FWREHU
4, 1977, trains over 2,000 feet in length that
are transporting hazardous materials shall be
equipped with a radio handset in good work-
ing order capable of communicating with the
UDGLRWUDQVPLWWHUUHFHLYHUV,IWKHHTXLSPHQW
required under this section does not function
while the train is en route, the train may pro-
ceed to the next point of crew change where
WKHHTXLSPHQWVKDOOEHUHSODFHGRUUHSDLUHG
>)RUPHUO\F†@
824.090 Department to set standards
for safe transportation of hazardous
wastes; rules; civil penalty. (1) The Depart-
 ´7HUPLQDOµPHDQVDV\VWHPRIWUDFNV
the boundaries of which are set by a railroad
IRUWKHSXUSRVHRIFRXSOLQJRUXQFRXSOLQJFDUV
>)RUPHUO\@
824.102 Application of requirements.
7KHSURYLVLRQVRI256WRVKDOO
apply to all cabooses except those used in ter-
minal service or in road service for a distance
not to exceed three miles, and shall not apply
WRORJJLQJUDLOZD\V>)RUPHUO\
F†@
824.104 Fire extinguishers; exemp-
tion. (1) All cabooses shall be equipped with
fire extinguishers meeting the following
UHTXLUHPHQWV
ment of Transportation shall adopt rules  D(DFKFDERRVHVKDOOKDYHDWOHDVWRQHSRU-
setting standards for the safe transportation of WDEOHÀUHH[WLQJXLVKHU
KD]DUGRXVZDVWHVDVGHÀQHGLQ256 (b) Fire extinguishers may be of a foam, dry
E\DOOWUDQVSRUWHUV FKHPLFDORUFDUERQGLR[LGHW\SH
 7KHDXWKRULW\JUDQWHGXQGHUWKLVVHFWLRQ  F7KHÀUHH[WLQJXLVKHUVLQHDFKFDERRVH
 D,VLQDGGLWLRQWRDQ\RWKHUDXWKRULW\
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(b) Does not supersede the authority of the
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transportation of radioactive materials under
256WRDQG

shall provide a minimum capacity of one and
RQHTXDUWHUJDOORQVRUÀYHSRXQGV0RUHWKDQ
RQHÀUHH[WLQJXLVKHUPD\EHXVHGWRFRPSO\
with the minimum capacity requirement under
WKLVSDUDJUDSK
(d) Fire extinguishers shall be placed in
UHDGLO\DFFHVVLEOHORFDWLRQV
 ,QDGGLWLRQWRDQ\RWKHUSHQDOW\IRUYLR-
lation of a rule adopted under this section, the
department, in the manner provided in ORS
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than $10,000 for violation of a rule adopted
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(e) Fire extinguishers shall be maintained
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(2) A railroad may apply for a temporary
exemption from the provisions of subsection (1)
RIWKLVVHFWLRQ7KH'HSDUWPHQWRI7UDQVSRUWD-
tion will consider the application of the railroad
for a temporary exemption when accompanied
 $VXVHGLQWKLVVHFWLRQ´WUDQVSRUWHUµKDV by a full statement of the conditions exist-
WKHPHDQLQJJLYHQWKDWWHUPLQ256 LQJDQGWKHUHDVRQVIRUWKHH[HPSWLRQ$Q\
>)RUPHUO\F†@ exemption so granted will be limited to a
824.092 Disclosure of hazardous waste VWDWHGSHULRGRIWLPH>6XEVHFWLRQIRUPHUO\
reports and information to Environmen-
tal Protection Agency. Records, reports and
information obtained or used by the Depart-
ment of Transportation in administering the
KD]DUGRXVZDVWHSURJUDPXQGHU256
VKDOOEHDYDLODEOHWRWKH8QLWHG6WDWHV(QYL-
URQPHQWDO3URWHFWLRQ$JHQF\XSRQUHTXHVW,I
the records, reports or information has been
submitted to the department under a claim
RIFRQÀGHQWLDOLW\WKHVWDWHVKDOOPDNHWKDW
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Protection Agency for the requested records,
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shall treat the records, reports or information
WKDWLVVXEMHFWWRWKHFRQÀGHQWLDOLW\FODLPDV
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Page 459
VXEVHFWLRQIRUPHUO\@
824.106 Use of noncomplying caboose
prohibited; equipment failure; repair. A
caboose shall not be placed in service unless
it is in compliance with all of the provisions of
256WRUHODWLQJWRUHTXLUHG
HTXLSPHQWDQGVWDQGDUGVRIPDLQWHQDQFH
,QWKHHYHQWDIDLOXUHRIUHTXLUHGHTXLSPHQW
or standards of maintenance occurs after a
caboose has departed from a terminal and
a member of the train crew has boarded the
caboose, the railroad operating the caboose
shall not be deemed to be in violation of ORS
WRLIVXFKIDLOXUHRIHTXLS-
ment or standard of maintenance is corrected
DWWKHÀUVWSRLQWDWZKLFKPDLQWHQDQFHVXS-
plies are available or, in the case of repairs,
(2015 Edition)
 OREGON VEHICLE CODE

WKHÀUVWSRLQWDWZKLFKUHSDLUIDFLOLWLHVDUH public, installed at or in advance of a rail-

available and repairs can reasonably be made URDGKLJKZD\FURVVLQJ
RUWKHGHIHFWLYHHTXLSPHQWUHSODFHG>)RUPHUO\
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824.108 Register for reporting failures
of equipment or maintenance standards;
rules for use. A register for the reporting of
failures of required equipment or standards
of maintenance shall be maintained on all
FDERRVHV7KHUHJLVWHUVKDOOFRQWDLQVXIÀFLHQW
space to record the dates and particulars of
  ([FHSW LQ SURFHHGLQJV XQGHU 256
´SXEOLFDXWKRULW\LQLQWHUHVWµPHDQV
the state, county, municipal or other govern-
mental body with jurisdiction over the highway
FURVVLQJWKHUDLOURDGWUDFN,QSURFHHGLQJV
XQGHU 256  ´SXEOLF DXWKRULW\ LQ
LQWHUHVWµPHDQVWKHFRXQW\PXQLFLSDORURWKHU
governmental body that has primary zoning
DXWKRULW\RYHUWKHODQGVVHUYHGE\WKHFURVVLQJ
HDFKIDLOXUH7KH'HSDUWPHQWRI7UDQVSRU-  ´5DLOURDGµKDVWKHPHDQLQJJLYHQWKDW
tation shall provide rules for the use of this WHUPLQ256DQGLQFOXGHVORJJLQJ
register, including a requirement that the DQGRWKHUSULYDWHUDLOURDGV
record of reported failures be maintained not
less than 80 days from the date of the most
UHFHQWIDLOXUH>)RUPHUO\@
824.110 Administrative authority of
department; rules. The Department of
Transportation shall regulate and enforce all
VHFWLRQVRI256WRDQGVKDOO
promulgate all rules necessary for the enforce-
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F†@
 ´5DLOURDGFRPSDQ\µLQFOXGHVHYHU\FRU-
poration, company, association, joint stock
association, partnership or person, and their
lessees, trustees or receivers, appointed by
any court whatsoever, owning, operating,
FRQWUROOLQJRUPDQDJLQJDQ\UDLOURDG
(9) “Unauthorized railroad-highway cross-
LQJµPHDQVDFURVVLQJDWJUDGHWKDWLVDFWXDOO\
open and in use, or to be opened and used for
travel by the public, and that has not been
824.112 >6XEVHFWLRQV  WR  IRUPHUO\ DXWKRUL]HGXQGHU256>)RUPHUO\
 VXEVHFWLRQV  WR  IRUPHUO\ F†@
F†F†D
UHQXPEHUHGLQ@ 824.202 Policy; authority vested in state
and department. ,WLVWKHSROLF\RIWKLVVWDWH
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 VXEVHFWLRQ  IRUPHUO\  of railroad-highway crossings and to elimi-
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RAILROAD CROSSINGS
824.200 Definitions for 824.200 to
824.256. $VXVHGLQ256WR
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these ends, authority to control and regulate
the construction, alteration, and protection
of railroad-highway crossings is vested exclu-
sively in the state, and in the Department of
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824.204 Authority to construct grade
 ´+LJKVSHHGUDLOV\VWHPµPHDQVDÀ[HG
guideway passenger transportation system
capable of transporting passengers at speeds
exceeding 79 miles per hour and connecting
two or more urban areas, including but not
limited to any such system that utilizes or
incorporates, in whole or in part, existing rail
transportation facilities and any necessary
XSJUDGHVRIRUPRGLÀFDWLRQVWRH[LVWLQJUDLO
WUDQVSRUWDWLRQIDFLOLWLHV
crossings; protective devices. ([FHSW
for the repair of lawfully existing roads and
highways or the replacement of tracks, no high-
way shall be constructed across the track of
any railroad company at grade, nor shall the
track of any railroad company be constructed
DFURVVDKLJKZD\DWJUDGHZLWKRXWKDYLQJÀUVW
secured the permission of the Department of
7UDQVSRUWDWLRQ
(2) Whenever any railroad company desires
 ´+LJKZD\µLQFOXGHVDOOURDGVVWUHHWV
alleys, avenues, boulevards, parkways and
other places in this state actually open and in
use, or to be opened and used for travel by the
SXEOLF
to cross any established and existing highway
at grade or any public authority desires to lay
out and extend any highway over and across
any established and existing railroad at grade,
LWVKDOOÀOHZLWKWKHGHSDUWPHQWLWVDSSOLFDWLRQ
 ´,QVWDOODWLRQFRVWVµZKHQXVHGLQWKH
context of protective devices, includes costs
of acquiring, assembling and rendering oper-
ational the device and its attendant controls,
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making such crossing either above or below
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(3) Upon receipt of the above application the
department, after hearing, unless a hearing is
 ´0DLQWHQDQFHFRVWVµZKHQXVHGLQWKH
context of protective devices, includes preven-
tive maintenance, repair and replacement of
the device and its attendant controls, circuitry
DQGIDLOVDIHPHFKDQLVPV
QRWUHTXLUHGXQGHU256VKDOO
(a) Determine whether the public safety,
public convenience and general welfare require
a grade separation; and
 E,QWKHHYHQWDJUDGHVHSDUDWLRQLVQRW
 ´3URWHFWLYHGHYLFHµPHDQVDVLJQVLJQDO required, determine whether the application
gate or other device to warn or protect the should be refused or granted, and upon what
WHUPVDQGFRQGLWLRQV

3DJH (2015 Edition)

 5$,/52$'6  

 ,IWKHJUDGHFURVVLQJLVDSSURYHGWKH
department shall determine and prescribe the
manner of its construction, maintenance and
use, the kind and location of protective devices
to be installed, the allocation of costs and the
SODFHRIWKHFURVVLQJ>)RUPHUO\@
824.206 Elimination, relocation or
alteration of grade crossing; installation
or alteration of protective devices. (1) The
Department of Transportation may, upon its
own motion or upon application by a railroad
or the public authority in interest, subsequent
to a hearing, unless a hearing is not required
XQGHU256DQGXSRQÀQGLQJWKDW
such action is required by the public safety,
QHFHVVLW\FRQYHQLHQFHDQGJHQHUDOZHOIDUH including but not limited to the projected trans-
  6SHFLÀFDWLRQV IRU FRQVWUXF-
tion and maintenance of crossings;
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compliance. (1) The Department of Trans-
portation shall adopt regulations prescribing
VSHFLÀFDWLRQVIRUWKHFRQVWUXFWLRQDQGPDLQ-
tenance of railroad-highway crossings, both
DWJUDGHOHYHODQGDWVHSDUDWHGJUDGHV7KH
VSHFLÀFDWLRQVVKDOOEHGHYHORSHGLQFRQVXOWD-
tion with representatives of cities and counties
and shall conform to nationally recognized and
commonly used standards to ensure that the
crossings are constructed and maintained in
a manner that conforms to the public safety,
necessity, convenience and general welfare,
SRUWDWLRQQHHGV
 D(OLPLQDWHDJUDGHFURVVLQJE\UHORFDWLRQ
of the highway;
(b) Alter or abolish any grade crossing or
change the location thereof, or require a sep-
aration of grades at any such crossing;
(c) Alter or change any existing crossing at
separated grades; and
(d) Require installation or alteration of pro-
WHFWLYHGHYLFHV
(2) The department shall prescribe the
time and manner of such alteration, change,
installation or alteration, and the terms and
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 $XWKRULW\WRÀ[VSHHGVDQGUHJ-
ulate sounding of train warning devices
  6SHFLÀFDWLRQV IRU VHSDUDWH FURVVLQJV
adopted under subsection (1) of this section
do not apply to crossings in existence on the
effective date of the regulation prescribing the
VSHFLÀFDWLRQV+RZHYHUZLWKLQDUHDVRQDEOH
period after the effective date, crossings shall
be altered or reconstructed to comply with the
regulations in effect at the time of the alter-
DWLRQRUUHFRQVWUXFWLRQ
(3) Priorities for such alterations or
reconstruction shall be established by the
Department of Transportation, based upon
the expressed need of the public authority
in interest, and upon such other factors as
danger or inconvenience to motorists, age of
the structure, frequency of reported accidents
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at crossings. 7KHSRZHUWRÀ[DQGUHJXODWH
the speed of railway trains and to regulate the
sounding of railway train warning devices at
public railroad-highway crossings is vested
H[FOXVLYHO\LQWKHVWDWH
(2) Upon petition of any public authority
in interest or of any railroad or upon the
Department of Transportation’s own motion,
the Department of Transportation shall, after
due investigation and hearing, unless a hear-
LQJLVQRWUHTXLUHGXQGHU256HQWHU
DQRUGHUÀ[LQJDQGUHJXODWLQJWKHVSHHGRI
railway trains or regulating the sounding of
UDLOZD\WUDLQZDUQLQJGHYLFHV
 ,IWKHSXEOLFDXWKRULW\LQLQWHUHVWRUWKH
railroad company fails to so alter or reconstruct
a crossing, the department, after following the
SURFHGXUHVVSHFLÀHGLQ256FKDSWHUIRU
contested cases, may order the alteration or
reconstruction and proceed in accordance with
256>)RUPHUO\F
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824.214 Procedure to obtain permission
for crossings; rules. (1) Proceedings to carry
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WR
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order of the Department of Transportation,
 7KHVSHHGOLPLWVÀ[HGE\WKHGHSDUWPHQW
shall be maximum speed limits and shall be
commensurate with the hazards presented and
WKHSUDFWLFDORSHUDWLRQRIWKHWUDLQV>)RUPHUO\
@
824.210 Construction and alteration of
crossings above or below grade. No high-
way shall be constructed across the track of
any railroad company above or below grade,
nor shall the track of any railroad company be
constructed across a highway above or below
JUDGHZLWKRXWKDYLQJÀUVWVHFXUHGWKHSHUPLV-
VLRQRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ,I
permission is granted, the department shall,
after a hearing, unless hearing is not required
XQGHU256SUHVFULEHWKHWHUPVDQG
conditions upon which such crossing shall be
made and shall allocate the cost of construction
DQGPDLQWHQDQFH>)RUPHUO\@
3DJH
VKDOOEHWKRVHVSHFLÀHGLQ256FKDSWHU
IRUFRQWHVWHGFDVHV,IWKHÀQDORUGHURIWKH
department, in a proceeding initiated under
256RUE\DFLW\RUFRXQW\
is appealed and the city or county prevails, it
shall be entitled to costs and reasonable attor-
QH\IHHV
(2) The department may adopt rules to
govern the procedure, and to regulate the
mode and manner of all investigations under
256WR
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(3) The authority granted the department
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and not in lieu of the authority of any city,
county or other political subdivision of the
state to use other remedies and procedures
to provide public highways for the traveling
(2015 Edition)
 OREGON VEHICLE CODE
SXEOLF>)RUPHUO\F†
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824.216 Procedure to compel compli-
ance with orders. (1) The railroad company,
public authority or person to whom an order of
the Department of Transportation is directed
XQGHU256WRVKDOOFRPSO\
with such order within such reasonable time
DVPD\EHSUHVFULEHGE\WKHGHSDUWPHQW,Q
case of failure to comply, the department shall
thereupon take proceedings to compel obedi-
HQFHWRVXFKRUGHU
(2) The circuit court has power in case of
all such orders by the department to compel
obedience therewith by mandamus, brought
in the name of the state, subject, however, to
appeal to the Court of Appeals in the same
manner and with like effect as provided in
cases of appeal from the order of the circuit
FRXUW>)RUPHUO\F†@
824.218 Work and materials furnished
by railroad company; supervision of work.
All work and the material for work done under
256WR
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F†@
824.223 Authority to regulate distance
from grade crossing at which railroad
may stop or park equipment; penalty.
(1) The power to regulate the distance from
a public railroad-highway grade crossing at
which a railroad may stop or park equipment
LVYHVWHGH[FOXVLYHO\LQWKHVWDWH
(2)(a) Upon petition of the public authority in
interest, or of any railroad or upon the Depart-
ment of Transportation’s own motion, the
department shall, after due investigation and
hearing, unless hearing is not required under
256HQWHUDQRUGHUHVWDEOLVKLQJD
safe distance from a public railroad-highway
grade crossing at which a railroad may stop
RUSDUNHTXLSPHQW
(b) Upon petition of a person, the depart-
ment shall investigate and may hold a hearing
and, following a hearing, may enter an order
establishing a safe distance from a public
railroad-highway grade crossing at which a
UDLOURDGPD\VWRSRUSDUNHTXLSPHQW
WR
DQGZLWKLQWKHOLPLWVRIUDLOURDGULJKWV
of way shall, if the railroad company so desires,
EHIXUQLVKHGDQGGRQHE\WKHUDLOURDGFRPSDQ\
However, the Department of Transportation
shall have supervision of the work and may
GHFLGHWKHNLQGRIPDWHULDOWREHXVHG>)RU-
PHUO\F†@
824.220 Protective devices; rules. The
Department of Transportation shall adopt
UXOHVSUHVFULELQJVSHFLÀFDWLRQVIRUWKHGHVLJQ
DQGORFDWLRQRISURWHFWLYHGHYLFHV>)RUPHUO\
F†@
824.222 Authority over duration that
grade crossing may be blocked; penalty.
 ,QGHWHUPLQLQJZKDWFRQVWLWXWHVDVDIH
distance under subsection (2) of this section,
the department shall consider issues including,
but not limited to, hazards associated with
public railroad-highway grade crossings that
GRQRWKDYHDFWLYHSURWHFWLYHGHYLFHV
(4) Violation of an order issued under sub-
section (2) of this section is punishable by a
civil penalty of not less than $100 nor more
WKDQIRUHDFKRIIHQVH>F†@
824.224 When stop signs are to be
installed by railroad; exemption; grade
crossing alteration, relocation or closure.
(1) At every farm or private grade crossing of
a railroad where no automatic grade crossing
7KHSRZHUWRÀ[DQGUHJXODWHWKHOHQJWKRI
time a public railroad-highway grade crossing
may be blocked by railroad equipment is vested
H[FOXVLYHO\LQWKHVWDWH
(2)(a) Upon petition of the public author-
ity in interest, or of any railroad or upon the
Department of Transportation’s own motion,
the department shall, after due investigation
and hearing, unless hearing is not required
XQGHU256HQWHUDQRUGHUÀ[LQJDQG
regulating the length of time a public rail-
road-highway grade crossing may be blocked
E\UDLOURDGHTXLSPHQW
(b) Upon petition of a person, the depart-
ment shall investigate and may hold a hearing
and, following a hearing, may enter an order
À[LQJ DQG UHJXODWLQJ WKH OHQJWK RI WLPH D
public railroad-highway grade crossing may
EHEORFNHGE\UDLOURDGHTXLSPHQW
protective device is installed, the railroad
shall cause to be installed and maintained,
as a means of protecting the crossing, one or
PRUHVWRSVLJQV
(2) The Department of Transportation shall,
after hearing, unless hearing is not required
XQGHU256SUHVFULEHWKHQXPEHU
type and location of the stop signs and may
exempt a farm or private grade crossing if the
GHSDUWPHQWÀQGVWKDWWKHLQVWDOODWLRQRIVXFK
sign or signs at the crossing would create a
hazard or dangerous condition that would not
RWKHUZLVHH[LVW
(3) After notice to any affected landowner
and opportunity for a hearing, unless a hear-
LQJLVQRWUHTXLUHGXQGHU256WKH
Department of Transportation may alter, relo-
cate or close any farm or private grade crossing
on any line designated as a high speed rail
 7KHWLPHOLPLWVÀ[HGE\WKHGHSDUWPHQW V\VWHP
shall be maximum time limits and shall be  ,IWKHGHSDUWPHQWGHFLGHVWRDOWHUUHOR-
commensurate with reasonable requirements cate or close a farm or private grade crossing
RIWUDLQDQGYHKLFXODUWUDIÀFRSHUDWLRQV in such a manner as to constitute a taking of
 9LRODWLRQRIDWLPHOLPLWÀ[HGE\WKH private property, the department shall exercise
department under this section is punishable its power of eminent domain to acquire such
by a civil penalty of not less than $100 nor property as is necessary to carry out the deci-
VLRQ$GHSDUWPHQWRUGHUXQGHUWKLVVXEVHFWLRQ

3DJH (2015 Edition)

 5$,/52$'6  

shall constitute a resolution of necessity for chapter 183, the mode of such crossing that
exercise of the department’s power of eminent occasions the least probable injury upon the
GRPDLQ safety, welfare and interests of the public and
 ,IWKHGHSDUWPHQWH[HUFLVHVLWVSRZHURI
eminent domain under subsection (4) of this
section, the department shall use any combina-
tion of state or federal funds allocated for high
speed rail systems to pay any settlement with
or judgment in favor of an owner of a farm or
SULYDWHJUDGHFURVVLQJ7KHGHSDUWPHQWVKDOO
the rights of the company owning the road that
LVLQWHQGHGWREHFURVVHG
(2) The department shall also determine
the compensation to be paid by the railroad so
seeking to cross the other, if the railroads are
unable to agree thereon, and the points and
PDQQHURIVXFKFRQQHFWLRQ
have discretion to determine whether to reach  ,ILWDSSHDUVWRWKHGHSDUWPHQWWKDWLW
a settlement with an owner of a farm or private is reasonable and practicable to avoid a grade
JUDGHFURVVLQJ crossing, the department shall by order prevent
 7KHFRVWVRILPSOHPHQWLQJDGHSDUWPHQW the same, and shall prescribe the manner of
order issued under subsection (3) of this sec- VXFKFURVVLQJ
tion shall be apportioned to any combination
RIVWDWHRUIHGHUDOIXQGVVSHFLÀFDOO\DOORFDWHG
for high speed rail systems as the department
determines appropriate in order to eliminate
farm or private grade crossings or to enhance
VDIHW\DWVXFKFURVVLQJV>)RUPHUO\
F†F†@
824.226 Dangerous grade crossings;
notice; hearing; order to install pro-
tective devices; apportioning of cost.
(1) The Department of Transportation on its
own motion may, or upon application by the
common council or mayor of any city, or any
 ,IDQ\UDLOURDGVHHNVWRFURVVDWJUDGH
with its tracks the tracks of another railroad,
the railroad seeking to cross at grade shall be
compelled to pay all damages caused by such
crossing, and to interlock or protect such cross-
ing by safety devices to be designated by the
department, and to pay all costs of appliances,
together with the expenses of putting them in
DQGPDLQWDLQLQJWKHP7KLVUHTXLUHPHQWGRHV
QRWDSSO\WRFURVVLQJVRIVLGHWUDFNV>)RUPHUO\
F†@
824.230 Installation of protective
devices where railroads intersect at
county judge or county commissioner or county
URDGPDVWHURUE\ÀYHRUPRUHUHVLGHQWVDQG
taxpayers in any city, county or road district to
the effect that a public highway and a railroad
cross one another in such city, county or road
district at the same level, and that such grade
crossing is unsafe and dangerous to travel-
ers over such highway or railroad, shall, give
QRWLFHWRWKHUDLOURDGFRPSDQ\RIWKHÀOLQJ
of such application, and furnish a copy of the
same to the railroad company, and order a
hearing thereon in the manner provided for
contested case hearings under ORS chapter

grade. ,QDQ\FDVHZKHUHWKHWUDFNVRIWZR
or more railroads cross each other at a common
grade in this state, the railroads, when ordered
by the Department of Transportation, shall
protect such crossings by interlocking or other
safety devices, under regulations to be des-
ignated by the department, to prevent trains
FROOLGLQJDWVXFKFURVVLQJV$QRUGHUPD\EH
issued under this section only after notice to
the affected railroads and a proceeding under
ORS chapter 183 initiated by the department
on its own motion or upon application by one
RIWKHUDLOURDGV
(2) The department in making such order
 ,IXSRQVXFKKHDULQJLWDSSHDUVWRWKH
satisfaction of the department that the cross-
ing complained of is unsafe and dangerous
to human life, the department may order the
crossing closed or order and direct the rail-
road or public authority to install and maintain
proper protective devices, and establish a
date by which such devices are to be installed
DQGSODFHGLQWRRSHUDWLRQ7KHGHSDUWPHQW
shall apportion the installation and mainte-
nance costs thereof in accordance with ORS
 WR  DQG QRWZLWKVWDQGLQJ
the provisions of ORS chapter 183, shall sus-
pend the effective date of the order until the
public authority in interest has consented to
the apportionment and has agreed to comply
WKHUHZLWK>)RUPHUO\F†@
824.228 Procedure for determining
mode of track crossing of intersecting
railroads. (1) Whenever it becomes necessary
for the track of one railroad to cross the track of
another railroad, the Department of Transpor-
WDWLRQVKDOODVFHUWDLQDQGGHÀQHHLWKHURQWKH
application of a railroad or on its own motion
shall designate the manner of such inter-
locking protection, and shall apportion the
cost of installing and maintaining the same
between the several railroads, if such railroads
are unable to agree upon the same between
WKHPVHOYHV>)RUPHUO\F†@
824.232 Forfeiture for noncompliance.
Any company, corporation, person or receiver
operating any railroad who neglects to comply
with any order made by the Department of
7UDQVSRUWDWLRQSXUVXDQWWR256RU
VKDOOIRUIHLWDQGSD\WRWKHVWDWHD
penalty of $500 per week for each week of such
QHJOHFW>)RUPHUO\@
 8VHRIÀQGLQJVRIGHSDUWPHQW
regarding hazards at crossings. The deter-
minations of the Department of Transportation
XQGHU256WRDVWRKD]DUGV
at crossings shall not be admissible in any civil
DFWLRQIRUGDPDJHV>)RUPHUO\@
824.236 Protective devices at unau-
thorized railroad-highway crossing;
apportionment to railroad; reimburse-
and after notice to the affected railroads, in the ment; closure.  ([FHSW DV SURYLGHG LQ
manner provided for contested cases in ORS subsection (2) of this section, the Department

3DJH (2015 Edition)

 OREGON VEHICLE CODE
RI7UDQVSRUWDWLRQPD\XQGHU256
order a railroad to install and maintain
protective devices at an unauthorized rail-
road-highway crossing and order the public
authority in interest to install and maintain
stop signs at and other protective devices in
advance of an unauthorized railroad-highway
FURVVLQJ
(2) The department may not order the
railroad to install at an unauthorized rail-
road-highway crossing devices which are
activated immediately in advance of, and
during, each train movement over the cross-
ing unless the department determines that
the railroad intentionally created the unau-
WKRUL]HGFURVVLQJDIWHU-XQH
for an easement in violation of this section,
the department may not thereafter make any
further grants of moneys from the Connect
2UHJRQ)XQGWKDWZRXOGEHQHÀWWKHUDLOURDG
FRPSDQ\>F†F†@
COST APPORTIONMENTS
824.238 Division of costs between rail-
road and public authority. The following
costs shall be divided between the railroad and
the public authority in interest in such propor-
WLRQDVWKH'HSDUWPHQWRI7UDQVSRUWDWLRQÀQGV
just and equitable under the circumstances in
HDFKFDVH
(1) That portion of the cost of any alter-
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI ation or change resulting in the elimination
this section, in any proceeding under sub-
sections (1) and (2) of this section, or unless
the parties agree otherwise, installation and
maintenance costs of protective devices shall
EHDSSRUWLRQHGWRWKHUDLOURDG
(4) The railroad may seek reimbursement
RULQGHPQLW\IURPWKLUGSDUWLHV
RIDJUDGHFURVVLQJXQGHU256E\
reason of relocation of the highway which is
GLUHFWO\FKDUJHDEOHWRWKHJUDGHHOLPLQDWLRQ
(2) The costs of construction, change, alter-
ation, abolition and relocation of any grade
crossing involved in a proceeding arising under
256RU
 8QGHU256WKHGHSDUWPHQWPD\
open an investigation to consider closure of an
XQDXWKRUL]HGUDLOURDGKLJKZD\FURVVLQJ,IWKH
department decides to open an investigation,
it shall post notice of the investigation at the
(3) The costs of maintenance of crossings
DERYHRUEHORZJUDGHXQGHU256DQG

(4) Any cost otherwise apportionable under
WKH WHUPV RI 256  WR  RU
crossing at least 30 days prior to opening the
LQYHVWLJDWLRQ,IWKHGHSDUWPHQWLVXQDEOHWR
complete an investigation within two years
from the date it was opened, the department
shall order the crossing closed within one year
from the expiration of the two-year period
allowed for investigation unless closure of the
unauthorized railroad-highway crossing would
UHPRYHWKHRQO\DFFHVVWRDQ\ODQG>)RUPHUO\
F†@
824.237 Prohibition on disbursement
from Connect Oregon Fund to railroad
that charges for easement across railroad
crossing; Benton and Linn Counties. (1)
1RWZLWKVWDQGLQJ256DUDLOURDGFRP-
pany may not receive, directly or indirectly,
WRWKHH[WHQWWKDWIXQGVDUHQRW
available from the Grade Crossing Protection
$FFRXQW>)RUPHUO\@
824.240 Payment when public high-
way involved. (1) As to all crossings above
or below grade constructed on state highways,
the proportion of expense to be borne by public
authority in interest shall be paid from the
VWDWHKLJKZD\IXQGV
(2) Any public authority in interest acting
through its governing body may, at its option,
by agreement with the Department of Trans-
portation, bear a share of the expense of
constructing any railroad crossing above or
EHORZJUDGHRQDVWDWHKLJKZD\
a grant of moneys from the Connect Oregon
)XQGHVWDEOLVKHGLQ256LIWKHUDLO-
road company charges a landowner for an
easement to cross a railroad that is necessary
for the landowner to access the landowner’s
SURSHUW\
(2)(a) This section applies only to a rail-
road company that operates a railroad located
wholly within the boundaries of Benton and
/LQQ&RXQWLHV
(b) The provisions of this section do not apply
to a railroad company that was imposing and
FROOHFWLQJWKHFKDUJHEHIRUH-DQXDU\
(3) Rules adopted by the Department of
7UDQVSRUWDWLRQXQGHU256UHODWLQJ
to applications for grants of moneys from the
Connect Oregon Fund must provide for notice
to applicants of the restrictions imposed by this
VHFWLRQ
 ,IIHGHUDOIXQGVDOORFDWHGVSHFLÀFDOO\IRU
removal of hazards at hazardous railroad-high-
way crossings are available for any part of
the work to be performed, the Department of
Transportation shall cause such funds to be
XVHGIRUVXFKSXUSRVHV>)RUPHUO\@
 $SSRUWLRQPHQWRIFRVWVIRULQVWDO-
ODWLRQ RI SURWHFWLYH GHYLFHV ,Q DQ\ JUDGH
crossing proceeding arising under ORS
  RU  XQOHVV WKH
parties agree otherwise, installation costs
of protective devices shall be apportioned as
IROORZV
(1) At an existing crossing, a crossing relo-
FDWHGSXUVXDQWWR256RU
or a crossing previously closed by order of the
Department of Transportation and reopened
LQDSURFHHGLQJXQGHU256
(a) For devices to be installed at or in
 ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWD advance of the crossing and which are acti-
railroad company has charged a landowner vated immediately in advance of, and during,
HDFKWUDLQPRYHPHQWRYHUWKHFURVVLQJ

3DJH (2015 Edition)

 5$,/52$'6  

 $6HYHQW\ÀYHSHUFHQWWRWKH*UDGH&URVV- illuminating the crossing during hours of dark-

ing Protection Account; ness and which are not activated immediately
(B) Five percent to the public authority in LQDGYDQFHRIRUGXULQJHDFKWUDLQPRYHPHQW
interest; and >)RUPHUO\@
 &7ZHQW\SHUFHQWWRWKHUDLOURDGFRPSDQ\ 824.246 Apportionment of costs of
crossing closure. ,I LQ DQ\ JUDGH FURVV-
(b) For devices which are primarily designed LQJSURFHHGLQJDULVLQJXQGHU256
for the purpose of illuminating the crossing or RUWKH'HSDUWPHQWRI7UDQV-
LWVDSSURDFKHVGXULQJKRXUVRIGDUNQHVV portation requires the closure of any existing
(A) Not less than 90 percent to the Grade crossing within the jurisdiction of the public
Crossing Protection Account; authority in interest, the department may
apportion to the railroad company, for such
 %1RWPRUHWKDQÀYHSHUFHQWWRWKHSXEOLF FURVVLQJFORVHGDQDPRXQWQRWWRH[FHHGÀYH
authority in interest; and percent of the cost of installation of protective
 &1RWPRUHWKDQÀYHSHUFHQWWRWKHUDLO- devices at any new or other existing crossing
road company for such devices to be installed within the jurisdiction of the public authority
DWWKHFURVVLQJ LQLQWHUHVW$Q\DGGLWLRQDOFRVWVSDLGE\WKH
railroad company shall reduce the share oth-
 F)RUDOORWKHUSURWHFWLYHGHYLFHV erwise apportionable to the public authority in
 $6HYHQW\ÀYHSHUFHQWWRWKH*UDGH&URVV- LQWHUHVW>)RUPHUO\@
ing Protection Account; and 824.248 Apportionments for crossings
 %7ZHQW\ÀYHSHUFHQWWRWKHSXEOLFDXWKRU- above or below grade. ,QDQ\SURFHHGLQJ
ity in interest for such devices to be installed involving a crossing above or below grade
by it at or in advance of the crossing; or DULVLQJXQGHU256RUXQOHVV
the parties agree otherwise, the cost of con-
 &7ZHQW\ÀYHSHUFHQWWRWKHUDLOURDGFRP- struction, reconstruction, or alteration of such
pany for such devices to be installed by it at FURVVLQJVVKDOOEHDSSRUWLRQHGDVIROORZV
WKHFURVVLQJ
(1) At existing crossings above or below
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, at a new crossing requested by a
public authority, 100 percent of the installation
costs shall be paid by the public authority in
LQWHUHVW
JUDGHSHUFHQWRIWKHFRVWRIUHFRQVWUXFWLRQ
or alteration to the public authority in interest
and all remaining costs of reconstruction or
alteration to the Grade Crossing Protection
Account and the railroad in interest as is just
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, at a new crossing requested by a
railroad company, 100 percent of the instal-
lation costs shall be paid by the railroad
FRPSDQ\
and equitable under the circumstances in each
FDVH
(2) At a new crossing requested by a public
DXWKRULW\$OOFRQVWUXFWLRQFRVWVWRWKHSXEOLF
DXWKRULW\LQLQWHUHVW
 ,IWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
converts an unauthorized railroad-highway
crossing to a crossing authorized under ORS
 WKH GHSDUWPHQW VKDOO DSSRUWLRQ
installation costs of protective devices as
provided in subsection (1) of this section, or,
if federal funds are available, installation
costs may be apportioned as provided in ORS
>)RUPHUO\@
824.244 Apportionment of costs for
maintenance of protective devices. Unless
the parties agree otherwise, maintenance
cost of protective devices at grade crossings
LQVWDOOHGSXUVXDQWWR256
RUVKDOOEHDSSRUWLRQHGDVIROORZV
(1) One hundred percent to the railroad
company for devices at the crossing actually
LQVWDOOHGDQGPDLQWDLQHGE\WKHUDLOURDG
(2) One hundred percent to the public author-
ity in interest for devices at or in advance of the
crossing actually installed and maintained by
the authority, except as provided under subsec-
(3) At a new crossing requested by a railroad
FRPSDQ\$OOFRQVWUXFWLRQFRVWVWRWKHUDLOURDG
FRPSDQ\>)RUPHUO\@
824.250 Apportionment when federal
funds available. ,QWKHHYHQWDQ\SURWHFWLYH
device is to be installed or altered at an exist-
ing or relocated crossing or any reconstruction
or alteration is made at an existing separation
structure, with the aid of any federal funds
administered by the Federal Highway Admin-
istration of the United States Department of
Transportation, the Oregon Department of
Transportation shall, unless the parties agree
RWKHUZLVH
(1) Apportion the amount of such federal
funds to payment of installation, reconstruc-
tion, or alteration costs; and
(2) Apportion the remaining costs of
installation, reconstruction, alteration, and
PDLQWHQDQFHDVSURYLGHGE\256DQG
WRKRZHYHULQDFDVHZKHUH
the federal fund assistance equals or exceeds
WLRQRIWKLVVHFWLRQ
(3) Fifty percent to the railroad company,
and 50 percent to the public authority in
interest, for devices at the crossing installed
and maintained by the public authority which
are primarily designed for the purpose of
75 percent of the cost of installing, altering
and reconstructing protective devices at an
existing or relocated crossing, the remaining
costs, except for maintenance costs, may be
allocated entirely to the Grade Crossing Pro-
WHFWLRQ$FFRXQW>)RUPHUO\@

3DJH (2015 Edition)

 OREGON VEHICLE CODE

824.252 Procedure when disagreement approval its claim for reimbursement for the
as to apportionment exists.  ,Q DQ\
SURFHHGLQJXQGHU256RU
where the application to the Department of
Transportation states that the parties are not
in agreement as to apportionment of costs, but
the applicant is willing to advance the amount
of money reasonably necessary to enable the
respondent to complete the work which must
be done by it or the amount reasonably nec-
essary is available and can be advanced from
the Grade Crossing Protection Account, the
department shall set the application for hear-
ing as soon as the calendar of the department
SHUPLWVRQWKHTXHVWLRQVRI authority consent to make pertinent records
(a) The necessity for the project;
(b) The approval of the location and the
engineering plans, including provisions for
KDQGOLQJWUDIÀFGXULQJFRQVWUXFWLRQDQGWKH
work to be performed by each party; and
(c) The sum to be advanced by the applicant
or the account for the work to be done by the
UHVSRQGHQW
(2) The Department of Transportation
shall render as promptly as possible an
interim order, effective within 20 days on
such questions, reserving for later hearing
and decision the question of the apportionment
RIFRVWV7KHLQWHULPRUGHUVKDOODOVRGLUHFW
the respondent to proceed upon receipt of the
sum to be advanced by the applicant or the
account without delay to perform the work to
be done by respondent, integrating the work
with that of the applicant or its contractor in
such manner that neither will unreasonably
obstruct or delay the work of the other, to the
end that the people of the state may have the
XVHRIWKHSURMHFWDWWKHHDUOLHVWSRVVLEOHGDWH
costs thereof in the amount apportioned to
the Grade Crossing Protection Account less
SURJUHVVSD\PHQWVSUHYLRXVO\PDGH:KHQD
claim is approved, the department shall, as
funds become available, order the claim paid
IURPWKHDFFRXQW
(2) The department may make such audit as
the department considers necessary before or
after each such disbursement for the purpose of
determining that the money is expended for the
purposes and under the conditions authorized
E\256WR%\SUHVHQWDWLRQRI
its claim, the railroad company and the public
showing costs of labor and materials available
WRWKHGHSDUWPHQW
(3) Notwithstanding subsection (1) of this
section, upon issuance of an order apportion-
ing costs to the Grade Crossing Protection
Account, and upon agreement with the Depart-
ment of Transportation, the railroad company
or public authority in interest shall submit an
HVWLPDWHRIWKHFRVWVRIWKHSURMHFW7KHUDLO-
road company or public authority in interest
may submit statements for lump-sum reim-
bursement from the account during and at the
completion of the construction, reconstruction
or alteration of a crossing, or of the installation
or alteration of a grade crossing warning or
VDIHW\GHYLFHDWDFURVVLQJ>)RUPHUO\
F†F†@
824.256 Expense contributed by public
held in trust by railroad company. Any
portion of the cost or expense that is contrib-
uted or borne by any public authority under
256WR
DQGVKDOOIRUHYHUEHFRQVLG-
ered as held in trust by the railroad company
 ,QWKHÀQDORUGHUDSSRUWLRQLQJFRVWVWKH
sum advanced by the applicant or the account
VKDOOEHFUHGLWHGDJDLQVWLWVVKDUHRIWKHFRVWV
,QWKHÀQDORUGHUWKHUHVKDOODOVREHFUHGLWHG
against applicant’s share of the costs any
increase in the costs found by the Department
of Transportation to be directly attributable to
respondent’s willful failure or refusal, after the
effective date of the interim order, to proceed
with its own work or to integrate the work with
WKDWRIDSSOLFDQWRULWVFRQWUDFWRU>)RUPHUO\
@
824.254 Reimbursement procedure for
railroad and public authority. (1) Upon
issuance of an order apportioning costs to
the Grade Crossing Protection Account, the
railroad company or the public authority in
interest may submit to the Department of
Transportation progress claims, not to exceed
80 percent of the apportionment, for reimburse-
ment for the cost of labor, and other services
provided to date of billing, and for the costs of
materials stockpiled at the project site or spe-
FLÀFDOO\SXUFKDVHGDQGGHOLYHUHGIRUXVHRQWKH
SURMHFW8SRQFRPSOHWLRQRIWKHFRQVWUXFWLRQ
reconstruction or alteration of a crossing, or of
the installation or alteration of grade crossing
warning or safety devices at a crossing, the
railroad company or the public authority in
interest shall present to the department for
3DJH
UHFHLYLQJWKHVDPHRUWKHEHQHÀWVWKHUHRIDQG
no part thereof shall be considered a part of the
value of the property of the railroad company
XSRQZKLFKLWLVHQWLWOHGWRUHFHLYHDUHWXUQ
>)RUPHUO\@
824.258>)RUPHUO\UHSHDOHGE\
F†@
EMPLOYEE SAFETY REGULATIONS
824.300 Required crews on trains;
exception. 1RSHUVRQRURIÀFHURIFRXUWRSHU-
ating any railroad or railway in this state
engaged as a common carrier in the transpor-
tation of freight or passengers shall operate
over its road, or any part thereof, in excess of
15 continuous miles, or suffer or permit to be
run over the same, outside of yard switching
limits, any passenger, mail or express train
propelled by any form of motive power and con-
sisting of four or more cars with less than a
full passenger crew consisting of one engineer,
one apprentice engineer, one conductor, one
EUDNHPDQDQGRQHÁDJJHU1RQHRIVDLGFUHZ
shall be required or permitted to perform the
duties of train baggage handler or express mes-
VHQJHUZKLOHRQVXFKURDG7KLVVHFWLRQVKDOO
not apply to operations in which lesser crew
requirements are established by agreement
(2015 Edition)
 5$,/52$'6
between the common carrier and the orga-
QL]DWLRQVUHSUHVHQWLQJUDLOURDGHPSOR\HHV
>)RUPHUO\F†@
 4XDOLÀFDWLRQRIÁDJJHU7KHÁDJ-
JHULQWKHFUHZVUHTXLUHGXQGHU256
shall have had at least six months’ experience
LQWUDLQVHUYLFH>)RUPHUO\F
†@
824.304 Guarding frogs, switches
 
the standards of reasonable care under the
circumstances including the existence of emer-
gency conditions in which the treatment was
UHQGHUHG>)RUPHUO\@
824.312>)RUPHUO\UHSHDOHGE\
F†@
824.314>)RUPHUO\UHSHDOHGE\
F†@
and guardrails. (YHU\SHUVRQRZQLQJ
or operating a railroad in this state, shall so
DGMXVWÀOOEORFNDQGVHFXUHO\JXDUGWKHIURJV
switches and guardrails of their roads as to
protect and prevent the feet of employees and
RWKHUSHUVRQVIURPEHLQJFDXJKWWKHUHLQ
(2) Any person owning or operating a rail-
road in this state shall be liable for any damage
caused from a failure to comply with this sec-
PASSENGER RAIL
824.400 Passenger rail plan. (1) The
Department of Transportation shall develop
and implement a passenger rail plan for the
purposes of increasing ridership on passen-
JHUWUDLQVDQGLQFUHDVLQJWLFNHWUHYHQXH7KH
passenger rail plan must include, but is not
OLPLWHGWRWKHIROORZLQJ
WLRQ>)RUPHUO\@  D$PDUNHWLQJVWUDWHJ\
824.306 Shelter of car repairers. (1)
No person owning, controlling or operating
any line of railroad in this state shall build,
construct, reconstruct or repair railroad car
equipment or motive power in the state without
ÀUVWHUHFWLQJDQGPDLQWDLQLQJDWHYHU\GLYLVLRQ
WHUPLQDORURWKHUSRLQWZKHUHÀYHHPSOR\HHV
or more are regularly employed on such work,
DVKHGRYHUDVXIÀFLHQWSRUWLRQRIWKHWUDFNV
used for such work, so as to provide that all
employees regularly employed in such work are
sheltered and protected from rain and other
LQFOHPHQWZHDWKHU
(2) This section does not apply at points
ZKHUHIHZHUWKDQÀYHHPSOR\HHVDUHUHJXODUO\
employed in such work, nor at points where
it is necessary to make light repairs only on
equipment or motive power, nor to equipment
loaded with time or perishable freight, nor to
equipment when trains are being held for the
PRYHPHQWRIHTXLSPHQW$VXVHGLQWKLVVXE-
VHFWLRQ´OLJKWUHSDLUVµGRHVQRWLQFOXGHUHSDLUV
usually made in roundhouse, shop or shed upon
ZHOOHTXLSSHGUDLOURDGV>)RUPHUO\@
 5DLOURDGVWRSURYLGHÀUVWDLG
 E6WUDWHJLHVIRUERRVWLQJULGHUVKLS
(c) Strategies for boosting tourism through
WKHXVHRISDVVHQJHUUDLO
(2) The department may coordinate with
RWKHUVWDWHDJHQFLHVWRGHYHORSWKHSODQ>
F†@
NoteWRZHUHHQDFWHGLQWR
law by the Legislative Assembly but were not
added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legis-
ODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
824.410 Quarterly report to Legislative
Assembly. The Department of Transporta-
tion shall submit a quarterly report on the
performance of passenger rail to the interim
committees of the Legislative Assembly related
to transportation in the manner provided
XQGHU2567KHUHSRUWPXVWLQFOXGH
a summary of the number of passengers uti-
lizing passenger rail and on-time performance
IRUWKHSUHYLRXVTXDUWHU>F†@
Note6HHQRWHXQGHU
training for employees. (YHU\UDLOURDG
operating in this state shall provide to any
employee who is an engineer, conductor or
\DUGIRUHPDQDÀUVWDLGWUDLQLQJFRXUVHWKDW
conforms to standards at least equivalent to
WKH$PHULFDQ5HG&URVVHLJKWKRXUÀUVWDLG
training course and cardiopulmonary resus-
FLWDWLRQFRXUVH
(2) Railroads shall bear all costs incurred for
WKHÀUVWDLGWUDLQLQJFRXUVHGHVFULEHGLQVXE-
section (1) of this section and shall pay wages
WRHPSOR\HHVZKRDUHDWWHQGLQJWKHFRXUVH
824.420 Cascades Rail Corridor. (1)
The Department of Transportation may enter
into agreements with the Washington State
Department of Transportation and the Brit-
ish Columbia Ministry of Transportation and
,QIUDVWUXFWXUHWR
(a) Develop a plan to document the shared
vision, goals and objectives for passenger rail
VHUYLFHZLWKLQWKH&DVFDGHV5DLO&RUULGRU
(b) Develop a plan to achieve performance
JRDOVPDQDJHÁHHWDVVHWVVKDUHFRVWVSUL-
>6XEVHFWLRQIRUPHUO\VXEVHFWLRQ oritize investments and resolve interagency
IRUPHUO\@ GLVSXWHV
824.310 Immunity from liability of (c) Propose funding options to the respective
SHUVRQVSURYLGLQJÀUVWDLGWUHDWPHQW legislative bodies to support the operation of
No person may recover in an action against SDVVHQJHUWUDLQVZLWKLQWKHFRUULGRU
a railroad or employee who has received the
ÀUVWDLGWUDLQLQJGHVFULEHGLQ256
(1) for any damages directly or indirectly
UHVXOWLQJIURPÀUVWDLGWUHDWPHQWUHQGHUHG
by such employee unless the complaining
party establishes that the treatment violates
 G'HYHORSDVWDNHKROGHURXWUHDFKSURJUDP
(e) Oversee operations and marketing of
GDLO\SDVVHQJHUUDLOVHUYLFHLQWKHFRUULGRU
(2) The Department of Transportation may
enter into agreements with the Washington

3DJH (2015 Edition)

 OREGON VEHICLE CODE

State Department of Transportation to coor- within 15 days from the date the penalty order
GLQDWHVWDWHUDLOSODQV>F†@ LVVHUYHG>)RUPHUO\@
Note6HHQRWHXQGHU 824.992 Criminal penalties. (1) Violation
824.430 Annual report to Legislative RI256LVD&ODVV'YLRODWLRQ
Assembly.  9LRODWLRQRI256LVD&ODVV$
Before January 1 of each odd-numbered year, PLVGHPHDQRU
the Department of Transportation shall report  9LRODWLRQRI256RU
to the Legislative Assembly in the manner E\DUDLOURDGLVD&ODVV$YLRODWLRQ
SURYLGHGLQ256DERXWWKHIROORZLQJ  9LRODWLRQRI256LVD&ODVV
(1) The status of agreements with the Wash- $YLRODWLRQ
ington State Department of Transportation (5) As used in subsection (3) of this section,
and the British Columbia Ministry of Trans- ´UDLOURDGµPHDQVDUDLOURDGDVGHÀQHGE\256
SRUWDWLRQDQG,QIUDVWUXFWXUHUHJDUGLQJWKH DQG
&DVFDGHV5DLO&RUULGRU
 6XEMHFWWR256YLRODWLRQRI256
(2) The performance of passenger rail ser- RURUDQ\UXOH
YLFHZLWKLQWKHFRUULGRU promulgated pursuant thereto is a Class A
 7KHÀQDQFLDOVWDWXVRIWKHFRUULGRUDQG
ÀQDQFLDO QHHGV IRU SDVVHQJHU UDLO VHUYLFH
ZLWKLQWKHFRUULGRU>F†@
Note6HHQRWHXQGHU
PENALTIES
YLRODWLRQ
(7) A person is subject to the penalties under
subsection (8) of this section if the person
NQRZLQJO\
(a) Transports by railroad any hazardous
ZDVWH OLVWHG XQGHU 256  RU UXOHV
adopted thereunder to a facility that does not
824.990 Civil penalties. ,QDGGLWLRQWR have appropriate authority to receive the waste
DOORWKHUSHQDOWLHVSURYLGHGE\ODZ XQGHU256WRDQG
 D(YHU\SHUVRQZKRYLRODWHVRUZKRSUR- (b) Disposes of any hazardous waste listed
cures, aids or abets in the violation of ORS XQGHU256RUUXOHVDGRSWHGWKHUHXQ-
     RU der without appropriate authority under ORS
RUDQ\RUGHUUXOHRUGHFLVLRQRI
the Department of Transportation shall incur a
civil penalty of not more than $1,000 for every
VXFKYLRODWLRQ
WRDQG
(c) Materially violates any terms of permit
or authority issued to the person under ORS
WRDQGLQWKHWUDQV-
 E(YHU\SHUVRQZKRYLRODWHVRUZKRSUR- SRUWLQJRUGLVSRVLQJRIKD]DUGRXVZDVWH
cures, aids or abets in the violation of any
order, rule or decision of the department (d) Makes any false material statement
SURPXOJDWHGSXUVXDQWWR256 or representation in any application, label,
RU manifest, record, report, permit or other doc-
shall incur a civil penalty of not more than XPHQWÀOHGPDLQWDLQHGRUXVHGIRUSXUSRVHV
IRUHYHU\VXFKYLRODWLRQ of compliance with requirements under ORS
WRIRUWKHVDIHWUDQVSRUWDWLRQ
 (DFKVXFKYLRODWLRQVKDOOEHDVHSDUDWH
offense and in case of a continuing violation
every day’s continuance is a separate viola-
WLRQ(YHU\DFWRIFRPPLVVLRQRURPLVVLRQWKDW
procures, aids or abets in the violation is a vio-
RIKD]DUGRXVZDVWHV
(e) Violates any rules adopted by the
Department of Transportation concerning the
WUDQVSRUWDWLRQRIKD]DUGRXVZDVWHV
lation under subsection (1) of this section and  6XEMHFWWR256YLRODWLRQRI
subject to the penalty provided in subsection subsection (7) of this section is a Class B mis-
RIWKLVVHFWLRQ GHPHDQRU(DFKGD\·VYLRODWLRQLVDVHSDUDWH
(3) Civil penalties imposed under subsec- RIIHQVH
tion (1) of this section shall be imposed in the  9LRODWLRQRI256RULV
PDQQHUSURYLGHGLQ256 D&ODVV'YLRODWLRQ
(4) The department may reduce any penalty  9LRODWLRQRI256LVD&ODVV$
provided for in subsection (1) of this section on YLRODWLRQ
such terms as the department considers proper
LI  9LRODWLRQRI256E\DQ\UDLO-
URDGFRPSDQ\RURIÀFHURUDJHQWWKHUHRIRU
(a) The defendant admits the violations DQ\RWKHUSHUVRQLVD&ODVV'YLRODWLRQ(DFK
alleged in the notice and makes timely request GD\·VYLRODWLRQLVDVHSDUDWHRIIHQVH>)RUPHUO\
for reduction of the penalty; or F†F†@
(b) The defendant submits to the department
a written request for reduction of the penalty _______________

3DJH (2015 Edition)

 02725&$55,(56

Chapter 825

(',7,21
MOTOR CARRIERS

GENERAL PROVISIONS  'HQLDORIFHUWLÀFDWHSHUPLWWUDQVIHU

or extension of authority; hearing;
 'HÀQLWLRQV restriction
825.007 Policy 825.137 Cancellation, revocation or suspen-
825.010 Compliance with chapter required sion of authority, generally
825.139 Suspension or cancellation of author-
ity for tax delinquency or failure to
ECONOMIC AND SAFETY REGULATION ÀOHERQGQRWLFHKHDULQJV
825.141 Reinstatement fee after suspension of
(Applicability) authority
825.015 Nonapplicability of chapter to certain
YHKLFOHVXVHGLQQRQSURÀWWUDQVSRUWD- (Insurance)
tion of passengers 825.160 Liability insurance of carriers
825.017 Nonapplicability of chapter to certain 825.162 Cargo insurance
persons and vehicles
825.164 Rules for compliance with ORS
825.018 Report from owners or operators of 825.160 and 825.162; notice prior to
vehicles exempted by ORS 825.017; cancellation of insurance; suspen-
rules sion of authority when insurance
825.020 Applicability of chapter to certain inoperative
vehicles and combinations over 825.166 Deposit of securities or letter of
26,000 pounds credit
825.022 Nonapplicability of certain provi- 825.168 Self-insurance
sions to vehicles and combinations
 3URKLELWHGLQGHPQLÀFDWLRQSURYL-
825.024 Applicability to farm vehicles sions in motor carrier transportation
825.026 Applicability of chapter to certain contracts; exceptions
otherwise exempt vehicles when
transporting hazardous wastes (Fees)
825.028 Transportation services for charita-
825.180 Application fee; transfer fee; refunds
ble organizations
825.030 Application of chapter to interstate (Regulatory Authority Generally)
and foreign commerce
825.032 Nonapplicability of economic regula- 825.200 Rules and orders regarding uniform
WLRQWRVSHFLÀHGYHKLFOHV cargo liability and joint line rates
825.202 Department’s authority over for-hire
&HUWLÀFDWHVDQG3HUPLWV carriers of household goods
 &HUWLÀFDWHRUSHUPLWUHTXLUHGIRU
commercial transportation of persons
or property on public highways
825.102 Issuance of permits to intrastate for-
hire carriers; rules
 )HGHUDOUHJLVWUDWLRQDQGÀQDQFLDO
responsibility requirements for inter-
state carriers
 &RQÀUPDWLRQRIIHGHUDOUHJLVWUDWLRQ
DQGÀQDQFLDOUHVSRQVLELOLW\IRULQWHU-
state motor carriers; rules
825.106 Issuance of permits to carriers
described in ORS 825.020
825.108 Issuance of permits to private carri-
ers; exception
825.110 Issuance, extension or transfer of
FHUWLÀFDWHWRFDUULHUVRIKRXVHKROG
825.204 Regulation of shipping receipts,
changes of vehicles and routes,
records and mileage for carriers of
household goods; rules
825.206 Duties of interstate carriers
825.210 Regulation of motor vehicles
825.212 Regulation of mileage records; distin-
guishing marks
(Rate Regulation)
825.220 Temporary rate procedures
825.222 Publication of notice of proposed rate
HVWDEOLVKPHQWRUPRGLÀFDWLRQ
825.224 Rate regulation of carriers of house-
hold goods
825.226 Rating bureaus; rules
JRRGVKHDULQJVÀQGLQJVUXOHV &ODVVLÀFDWLRQV
825.115 Temporary authority to provide
transportation services; duration 825.230 Carrier to operate only in class for
which authority issued; effect of
 &HUWLÀFDWHIRUHPHUJHQF\WUDQVSRUWD- violation
tion services
825.232 General authority to prescribe and
825.125 Applications for authority; rules HQIRUFHUXOHVDQGFODVVLÀFDWLRQV
825.127 Permit for local cartage of household 825.234 Classes of carriers of household
goods JRRGVÀOLQJRIWDULII
 /HJDOVWDWXVRIFHUWLÀFDWHV

3DJH (2015 Edition)

 OREGON VEHICLE CODE

(Local Cartage of Household Goods) MOTOR CARRIER EDUCATION PROGRAM

825.240 Inapplicability of certain regulatory 825.400 Rules for establishment of motor car-
statutes to local cartage activities; rier education program; contents of
application for authority; rules program
825.402 Participation in program
(Intrastate Transportation of Household Goods)
825.404 Fee for program
825.247 Imposition of fee on certain house-
hold goods carriers; penalty for
nonpayment; rules DRUG AND ALCOHOL TESTING PROGRAM
825.410 Drug and alcohol testing program;
(Safety Regulation) report of positive test
825.248 Annual commercial motor vehicle 825.412 Hearing regarding test results; rules;
safety plan entry on employment driving record
825.250 Stop for inspection 825.415 Drug and alcohol testing; school
825.252 Safety regulations relating to drivers transportation provider
or operators; uniformity with federal 825.418 Hearing regarding test results under
regulations; rules ORS 825.415; rules
825.254 Limitation on movement of vehicles
to particular days of week; rules WEIGHT-MILE TAX
825.256 Rules for transportation of infectious
waste
5HFHLSWVDQG,GHQWLÀFDWLRQ'HYLFHV
825.258 Rules for transportation of hazard-
ous waste, hazardous material and 825.450 Weight receipt; fee; period of validity;
PCB; civil penalty rules
825.260 Impoundment of vehicles unlawfully 825.452 Initial registration period
transporting hazardous wastes or  ,GHQWLÀFDWLRQGHYLFHVDSSOLFDWLRQV
substances fees

(Enforcement) (Taxes and Fees)

825.300 Utilization of state police in enforc- 825.470 Temporary pass; fees; rules
ing chapter
 'HWHUPLQDWLRQRIÀOLQJRIUHSRUWVRU
825.302 Service of process on nonresident payments
carrier by serving the department
825.474 Motor carrier tax for use of highways
825.304 Vehicle owner to be made party to
FHUWLÀFDWHRUSHUPLWHQIRUFHPHQW 825.475 Exemption from motor carrier tax
proceedings; dismissal of charges and fuel tax
against driver 825.476 Carrier tax tables
825.480 Substitute taxes for certain vehicles
(Reports, Records and Funds)
 5HYLHZRIÁDWIHHUDWHV
825.320 Carrier’s annual report to 825.484 Effect of carrier tax law on other
department taxes; offset of fees or taxes errone-
825.322 Disclosure of hazardous waste trans- ously paid
portation reports and information to 825.486 Credit for fuel tax
Environmental Protection Agency
825.488 Fees required of interstate carriers
825.325 Intrastate for-hire carrier of house-
825.490 Due date of taxes and fees; penalty;
hold goods required to obtain and
GHÀFLHQF\DVVHVVPHQWVUHIXQGRI
retain criminal background check;
overpayment; limitation on audit
rules
825.492 Annual and quarterly reports
825.326 Motor Carrier Account; Consumer
authorized
Protection Household Moves Account
825.494 Assessment by department upon fail-
825.328 Monthly transfer of Motor Carrier
ure to report tax or fee due
Account surplus to State Highway
Fund 825.496 Reassessment waiver or reduction
upon request; charge for failure to
825.330 Restrictions on use of funds
appear at hearing
(Miscellaneous) 825.498 Collection of fees, taxes and other
moneys
825.350 Voluntary commuter ridesharing 825.500 Calculation of interest and penalties
arrangement not to be taxed or for delinquent road use assessment
licensed by local government fees and single-use nondivisible load
825.352 Advertising requirements for carri- permits; audit
ers of household goods 825.502 Payment of taxes and fees by credit
825.354 Appointment of agents to issue card; rules
passes, collect fees and taxes 825.504 Warrant procedure for collecting tax,
825.356 Courts to forward copies of record on fee, penalty or assessment
conviction for violation of chapter 825.506 Deposit or bond to secure payment of
fees, taxes, charges and penalties
825.507 Limitations on cancellation of bond;
suspension of authority
825.508 Use of collection agency to obtain
moneys due

Page 470 (2015 Edition)

 02725&$55,(56

825.509 Writing off uncollected moneys due 825.610 Exemptions from requirements in
825.515 Daily records and monthly reports by ORS 825.605
carriers 825.615 Preemption of local regulation of
825.517 Certain records not public idling; exception

(Multijurisdictional Agreements) PENALTIES

825.550 Multijurisdictional agreement for col- 825.950 Civil penalty for violation of this
lection of weight-mile taxes; rules chapter, ORS chapter 818 or 826, or
825.555 International fuel tax agreement; rule or order of department
rules; fees 825.955 Civil penalty for violation of provi-
sions relating to driver equipment
compliance form or drug and alcohol
GREENHOUSE GAS EMISSIONS
testing program; rules
825.600 Purpose of ORS 825.601 to 825.615 825.960 Department action against employer
 'HÀQLWLRQV ZKHQGHSDUWPHQWUHFHLYHVQRWLÀ-
cation of violation of out-of-service
825.605 Unlawfully idling the primary engine
order; civil penalty
of a commercial vehicle; penalty
825.990 Criminal penalties

Page 471 (2015 Edition)

OREGON VEHICLE CODE

Page 472 (2015 Edition)

 02725&$55,(56  

GENERAL PROVISIONS issued by a city, county or the Department of

7UDQVSRUWDWLRQ
825.005 Definitions. As used in this
FKDSWHU  ´3HUPLWµPHDQVDQDXWKRULW\LVVXHGWR
DFDUULHUXQGHU256
 ´&DUULHUµRU´PRWRUFDUULHUµPHDQVIRU RU
KLUHFDUULHURUSULYDWHFDUULHU
 ´3ULYDWHFDUULHUµPHDQVDQ\SHUVRQ
 ´&DUWDJHFDUULHUµPHDQVDQ\SHUVRQZKR
undertakes to transport any class of property
by motor vehicle for compensation when the
transportation is performed wholly within an
incorporated city or a commercial zone adjacent
WRDQLQFRUSRUDWHGFLW\
who operates a motor vehicle over the public
highways of this state for the purpose of
transporting persons or property when the
transportation is incidental to a primary busi-
ness enterprise, other than transportation, in
ZKLFKVXFKSHUVRQLVHQJDJHG
 ´&HUWLÀFDWHµPHDQVDQDXWKRULW\LVVXHG  ´3ULYLOHJHWD[HVµPHDQVWKHZHLJKWPLOH
WRDIRUKLUHFDUULHUXQGHU256 WD[DQGIHHVSUHVFULEHGLQWKLVFKDSWHU
 ´&RPELQHGZHLJKWµPHDQVWKHZHLJKWRI
the motor vehicle plus the weight of the max-
imum load which the applicant has declared
VXFKYHKLFOHZLOOFDUU\$Q\GHFODUHGFRPELQHG
weight is subject to audit and approval by the
'HSDUWPHQWRI7UDQVSRUWDWLRQ7KHFRPELQHG
weight of motor buses or bus trailers is the
 ´3URSHUW\µLQFOXGHVEXWLVQRWOLPLWHG
to, permanent loads such as equipment, appli-
ances, devices, or ballast that are attached to,
carried on, or made a part of the vehicle and
that are designed to serve some functional
SXUSRVH
light weight of the vehicle plus the weight of  ´3XEOLFKLJKZD\µPHDQVHYHU\VWUHHW
the maximum seating capacity including the alley, road, highway and thoroughfare in this
driver’s seat estimated at 170 pounds per seat, state used by the public or dedicated or appro-
exclusive of emergency seats, except that tran- SULDWHGWRSXEOLFXVH
sit-type motor vehicles may use 150 pounds per
VHDWLQGHWHUPLQLQJFRPELQHGZHLJKW,QFDVHV
where a bus has a seating capacity which is not
arranged for separate or individual seats, 18
lineal inches of such capacity shall be deemed
 ´7UDQVLWW\SHPRWRUYHKLFOHµPHDQVDQ\
passenger-carrying vehicle that does not have
a separate space for transporting baggage or
H[SUHVV
WKHHTXLYDOHQWRIDSDVVHQJHUVHDW  ´7UDQVSRUWHUµKDVWKHPHDQLQJJLYHQ
WKDWWHUPLQ256>)RUPHUO\
 ´'HSDUWPHQWµPHDQVWKH'HSDUWPHQWRI F†F†F†
7UDQVSRUWDWLRQ F†F†@
 ´([WUHPHPLOHVµRU´H[WUHPHPLOHDJHµ
means the total miles operated by a vehicle
over the public highways, except the extra
miles necessarily operated in traversing
detours or temporary routes on account of road
EORFNDGHVLQWKHVWDWH
825.007 Policy. (1) The business of operat-
ing as a motor carrier of persons or property
for hire upon the highways of this state is
declared to be a business affected with the
SXEOLFLQWHUHVW,WLVKHUHE\GHFODUHGWREHWKH
VWDWHWUDQVSRUWDWLRQSROLF\WRGRWKHIROORZLQJ
 ´)RUKLUHFDUULHUµPHDQV (a) Promote safe, adequate, economical and
(a) Any person who transports persons or HIÀFLHQWVHUYLFHDQGWRSURPRWHWKHFRQVHUYD-
property for hire or who publicly purports to WLRQRIHQHUJ\
be willing to transport persons or property for (b) Promote sound, economic conditions in
hire by motor vehicle; or WUDQVSRUWDWLRQ
(b) Any person who leases, rents or other-
wise provides a motor vehicle to the public
and who in connection therewith in the reg-
ular course of business provides, procures or
arranges for, directly, indirectly or by course
RIGHDOLQJDGULYHURURSHUDWRUWKHUHIRU
 F(QFRXUDJHWKHHVWDEOLVKPHQWDQGPDLQ-
tenance of reasonable rates for transportation
services, without unjust discriminations,
undue preferences or advantages or unfair or
GHVWUXFWLYHFRPSHWLWLYHSUDFWLFHV
 G3URYLGHVSHFLÀFVWDWHDFWLRQLPPXQLW\
 ´+RXVHKROGJRRGVµPHDQVWKHSHUVRQDO
effects or other property used or to be used
in a dwelling but does not include property
transported from a store or factory or property
H[FOXVLYHO\IRURIÀFHXVH
against all antitrust claims and prosecution
in those instances when carriers lawfully
develop, publish and charge rates relating
to the transportation of household goods and
joint line rates relating to the transportation of
 ´0RWRUYHKLFOHµPHDQVDQ\VHOISURSHOOHG
vehicle and any such vehicle in combination
with any trailing units, used or physically
capable of being used upon any public highway
in this state in the transportation of persons
or property, except vehicles operating wholly
RWKHUSURSHUW\DQGSURYLGHVHUYLFHVVSHFLÀFDOO\
prescribed and subject to regulation by the
Department of Transportation and in those
instances when carriers lawfully engage in
prior consultation for purposes described in
WKLVSDUDJUDSK
RQÀ[HGUDLOVRUWUDFNVDQGHOHFWULFWUROOH\  7KHYROXPHRIPRWRUFDUULHUWUDIÀFSUHV-
EXVHV´0RWRUYHKLFOHµLQFOXGHVRYHUGLPHQ- ents dangers and hazards on public highways
sion vehicles or vehicles permitted excessive DQGPDNHVLWLPSHUDWLYHWKDW
weights pursuant to a special authorization

Page 473 (2015 Edition)

 OREGON VEHICLE CODE
(a) Stringent rules be employed, to the end
that the highways may be rendered safe for the
use of the general public;
(b) The wear of such highways be controlled;
(c) A minimum of inconvenience to other
users of the highways be effected;
(d) A minimum hindrance and stoppage to
other users of the highways compatible with
needs of the public for adequate transportation
service, be effected;
(e) The highways be safeguarded from
improper or unnecessary usage;
(f) Operation by irresponsible persons or any
other operation threatening the safety of the
public or detrimental to the general welfare be
prevented;
(e) Other reasonable expenses attributable
WRXVHRIWKHYHKLFOHIRUULGHVKDULQJSXUSRVHV
>)RUPHUO\F†@
825.017 Nonapplicability of chapter
to certain persons and vehicles. ([FHSW
DVSURYLGHGLQWKLVVHFWLRQDQG256
DQGWKLVFKDSWHUGRHVQRWDSSO\WRWKH
SHUVRQVRUYHKLFOHVGHVFULEHGLQWKLVVHFWLRQ
The exemption under this section applies to
WKHIROORZLQJSHUVRQVDQGYHKLFOHV
(1) Vehicles being used by, or under con-
tract with, any school board, district or
person responsible for the administration of
elementary or secondary school activities, and
engaged exclusively in transporting students
or combinations of students and other persons
to or from school, to or from authorized school
activities or other activities sponsored by the
 J&RQJHVWLRQRIWUDIÀFRQWKHKLJKZD\VEH
minimized;
(h) The various transportation agencies of
the state be adjusted and correlated so that
public highways may serve the best interest
of the general public; and
(i) A method of assessing privilege taxes be
governing board of a public university listed in
256RUIRUSXUSRVHVSURYLGHGXQGHU
2567KLVH[HPSWLRQVKDOOQRWEH
affected by the charging of a fee to cover the
FRVWVRIWKHWUDQVSRUWDWLRQ
(2) Vehicles being used in a taxicab operation
LIWKHYHKLFOH
provided to enable the further construction
of highways and to provide for the operation,
preservation and maintenance of highways
DOUHDG\EXLOW
(3) The Legislative Assembly hereby
declares that to effect the ends and purposes
OLVWHGLQWKLVVHFWLRQWKLVFKDSWHULVDGRSWHG
>)RUPHUO\F†@
 D,VDSDVVHQJHUYHKLFOHZLWKDSDVVHQJHU
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(b) Carries passengers for hire where
the destination and route traveled may be
controlled by a passenger and the fare is cal-
culated on the basis of any combination of an
initial fee, distance traveled or waiting time;
and
825.010 Compliance with chapter
required. No for-hire carrier or private car-
rier shall operate any motor vehicle for the
transportation of persons or property, or both,
on any public highway in this state except in
DFFRUGDQFHZLWKWKHSURYLVLRQVRIWKLVFKDSWHU
>)RUPHUO\F†@
ECONOMIC AND SAFETY REGULATION
(Applicability)
825.015 Nonapplicability of chapter to
 F,VWUDQVSRUWLQJSHUVRQVRUSURSHUW\RU
ERWKEHWZHHQSRLQWVLQ2UHJRQ
(3) Vehicles being used for the transportation
of property by private carrier by means of a
single vehicle or combination of vehicles with
a combined weight that does not exceed 8,000
SRXQGV
(4) Vehicles being used in operating imple-
PHQWVRIKXVEDQGU\
(5) Vehicles being used as a hearse or
DPEXODQFH
FHUWDLQYHKLFOHVXVHGLQQRQSURÀWWUDQV-  9HKLFOHVEHLQJXVHGRYHUDQ\SULYDWHURDG
portation of passengers.  ([FHSW DV
SURYLGHGLQ256WKLVFKDSWHUGRHVQRW
apply to motor vehicles with a seating capacity
RIOHVVWKDQSHUVRQVZKLOHXVHGLQQRQSURÀW
operation for commuting to job, job training or
HGXFDWLRQDOIDFLOLWLHV
(2) For the purposes of this section, “non-
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ridesharing arrangement that may charge a
IHHWRGHIUD\H[SHQVHVEXWUHPDLQVQRQSURÀW
in its operation without reference to any entity
WKDWPD\VSRQVRULW,QHVWDEOLVKLQJWKHIHHWKH
IROORZLQJLWHPVPD\EHLQFOXGHGDVH[SHQVHV SURSHUW\ZLWK
(a) The cost of acquiring the vehicle;
RUWKRURXJKIDUH
(7) Vehicles being used on any road, thor-
oughfare or property, other than a state
highway, county road or city street, for the
UHPRYDORIIRUHVWSURGXFWVDVGHÀQHGLQ256
RUWKHSURGXFWRIIRUHVWSURGXFWVFRQ-
verted to a form other than logs at or near the
harvesting site, or when used for the construc-
tion or maintenance of the road, thoroughfare
or property, pursuant to a written agreement
or permit authorizing the use, construction
or maintenance of the road, thoroughfare or

(a) An agency of the United States;
 E,QVXUDQFH (b) The State Board of Forestry;
(c) Maintenance of the vehicle; (c) The State Forester; or
(d) Fuel; and (d) A licensee of an agency named in this
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Page 474 (2015 Edition)

 02725&$55,(56  

(8) Vehicles being used on any county road
IRUWKHUHPRYDORIIRUHVWSURGXFWVDVGHÀQHGLQ
256RUWKHSURGXFWVRIIRUHVWSURGXFWV
converted to a form other than logs at or near
WKHKDUYHVWLQJVLWHLI WLRQµPHDQVDQRUJDQL]DWLRQWKDWKDVQRFDSLWDO
(a) The use is pursuant to a written agree-
ment entered into with the State Board of
Forestry, the State Forester or an agency of
the United States, authorizing the owner of the
motor vehicle to use the road and requiring the
owner to pay for or to perform the construction
or maintenance of the county road, including
any operator of a motor vehicle retained to
transport logs, poles and piling for the owners
who are exempt under this section;
exclusively engaged in performing transporta-
tion, either one way or round trip, necessary to
WKHRSHUDWLRQRIWKHFKDULWDEOHRUJDQL]DWLRQ$V
used in this subsection, “charitable organiza-
stock and no provision for making dividends or
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public and private charity and holds them in
trust for the promotion of the welfare of others
DQGQRWIRUSURÀW$Q\RUJDQL]DWLRQFODLPLQJ
DQH[HPSWLRQXQGHUWKLVVXEVHFWLRQVKDOOÀOH
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it is organized and operated in accordance with
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(14) Passenger vehicles with a passenger
 E7KHERDUGRIÀFHURUDJHQF\WKDWHQWHUHG
into the agreement or granted the permit,
by contract with the county court or board
of county commissioners, has assumed the
responsibility for the construction or mainte-
nance of the county road; and
(c) Copies of the agreements or permits
UHTXLUHGE\WKLVVXEVHFWLRQDUHÀOHGZLWKWKH
'LUHFWRURI7UDQVSRUWDWLRQ
VHDWLQJFDSDFLW\WKDWGRHVQRWH[FHHGÀYHZKHQ
used in the transportation of new telephone
ERRNV
(15) A vehicle that is used in a limousine
service operation in which the destination and
route traveled may be controlled by the passen-
ger and the fare is calculated on the basis of
any combination of initial fee, distance traveled
DQGZDLWLQJWLPHLIWKHYHKLFOH
(9) Vehicles being used in transporting per-  D,VDSDVVHQJHUYHKLFOHZLWKDSDVVHQJHU
sons with disabilities, with or without their seating capacity that does not exceed eight;
supervisors or assistants, to or from rehabil- (b) Carries passengers for hire between
itation facilities or child care services if the points in Oregon; and
motor vehicle is a passenger motor vehicle  F2SHUDWHVRQDQLUUHJXODUURXWHEDVLV
with a seating capacity of not more than 12
SDVVHQJHUV7KHH[HPSWLRQSURYLGHGE\WKLV
subsection applies only when the motor vehi-
cle is operated by or under contract with any
person responsible for the administration of
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provided by a facility licensed under ORS
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(10) Vehicles owned or operated by the
United States or by any governmental juris-
diction within the United States except as
SURYLGHGLQ2567KLVFKDSWHUGRHV
DSSO\WRYHKLFOHVZKHQRZQHGRURSHUDWHG provide or operate a motor vehicle for the
(a) As a carrier of property for hire;
(b) By a transportation district organized
XQGHU256WR F†F†F†
(c) By a county service district authorized
to provide public transportation under ORS
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(d) By an intergovernmental body formed by
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(11) Vehicles owned or operated by a mass
WUDQVLWGLVWULFWRUJDQL]HGXQGHU256
WR
(12) Vehicles owned or operated by, or under
contract with, a person responsible for the con-
struction or reconstruction of a highway under
contract with the Department of Transporta-
tion or with an agency of the United States
when operated within the immediate construc-
tion project as described in the governmental
DJHQF\FRQWUDFWGXULQJWKHFRQVWUXFWLRQSHULRG
(13) Vehicles owned or operated by, or under
 )LUHWUXFNVDQGUHVFXHYHKLFOHVWKDW
are designated as emergency vehicles by the
Department of Transportation under ORS
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UHODWHGRSHUDWLRQV
(17) A person who provides services related
to the packing or loading of household goods if
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(a) Provide or operate a motor vehicle for
the movement of the household goods; and
(b) Act as an agent for any person who does
PRYHPHQWRIWKHKRXVHKROGJRRGV>)RUPHUO\
F†F†
F†F†F†
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825.018 Report from owners or opera-
tors of vehicles exempted by ORS 825.017;
rules. Owners or operators of vehicles exempt
from the provisions of ORS chapter 825 by ORS
VKDOOÀOHDQDQQXDOUHSRUWZLWKWKH
Department of Transportation showing the
miles of travel by registered weight class of
YHKLFOHIRUHDFKH[HPSWYHKLFOH7KHGHSDUW-
ment shall determine by rule the form and
PDQQHURIWKHUHSRUW>)RUPHUO\@
825.020 Applicability of chapter to
certain vehicles and combinations over
26,000 pounds. ([FHSWDVRWKHUZLVHSUR-
YLGHGLQWKLVVHFWLRQDQG256WKLV
chapter does not apply to the persons or vehi-
FOHVGHVFULEHGLQWKLVVHFWLRQ7KHSURYLVLRQV
RI256

contract with, a charitable organization when DQG

Page 475 (2015 Edition)

 OREGON VEHICLE CODE

 (g) Persons traveling under commuter, party

 or excursion passenger tickets, if available to
 all persons applying under like circumstances
DQG  DSSO\ WR DQ\ RI WKH IROORZLQJ RUFRQGLWLRQV
vehicles or combinations of vehicles with a (h) Persons traveling under an exchange of
FRPELQHGZHLJKWRIPRUHWKDQSRXQGV SDVVHVEHWZHHQIRUKLUHFDUULHUV
(1) Vehicles being used exclusively in the
transportation of United States mail on a trip
EDVLV
(2) Vehicles being used in the transportation
of persons for hire, in vehicles with a seating
FDSDFLW\RIPRUHWKDQÀYHSHUVRQVZLWKLQDFLW\
DQGZLWKLQWKUHHDLUPLOHVRIWKHFLW\:KHQWKH
three air mile radius extends into the corpo-
rate limits of another city, the two cities shall
be considered as one city for the purposes of
WKLVVXEVHFWLRQ7KHIROORZLQJDSSO\WRWKLV
VXEVHFWLRQ (8) Vehicles owned or operated by truck
(a) Service may also be provided to or from
any area surrounding the area described under
this subsection so long as the service does not
compete with a carrier granted authority by
the Department of Transportation under this
FKDSWHUWRRSHUDWHLQWKDWVXUURXQGLQJDUHD
(b) Any vehicle exempt from the provisions
of this chapter under this subsection is subject
to regulation by the city or cities in which it is
RSHUDWHG
(3) Vehicles being used for the purpose of
transporting persons or property in connection
with the patrolling of forests for the prevention
RUÀJKWLQJRIIRUHVWÀUHV
(4) Vehicles being used in towing or oth-
erwise transporting vehicles at the direction
RIDSROLFHRIÀFHURULQVHUYLFLQJWRZLQJRU
 9HKLFOHVEHLQJXVHGWRWUDQVSRUWSODQWV
DUWLÀFLDO DQG QDWXUDO ÁRZHUV DQG DFFRP-
SDQ\LQJ ÁRULVW DFFHVVRULHV LQ PRYHPHQWV
RULJLQDWLQJDWUHWDLOVKRSV
(7) Any vehicle used by a person licensed
XQGHU256ZKLOHWKHSHUVRQLVWUDQV-
SRUWLQJWKHSHUVRQ·VRZQXQVROGFDWFKRIÀVK
IURPWKHSRLQWRIODQGLQJWRWKHÀUVWSRLQW
ZKHUHÀVKIURPWKHFDWFKZLOOEHVROGSODFHG
LQVWRUDJHRUSURFHVVHGLQDQ\ZD\
leasing companies operated empty over the
public highways for the purpose of relocation
RIHTXLSPHQW7KLVH[HPSWLRQGRHVQRWDSSO\
to motor vehicles operated empty as a result of
or for the purpose of transporting passengers
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825.022 Nonapplicability of certain pro-
visions to vehicles and combinations. The
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(1) A vehicle or combination of vehicles with
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(2) A vehicle being used in the transporta-
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transporting wrecked or disabled vehicles, or  D,VSHUIRUPHGE\DQRQSURÀWHQWLW\
in towing or transporting a replacement vehi-  E,VSHUIRUPHGE\XVHRIYHKLFOHVRSHUDWLQJ
cle for such wrecked or disabled vehicle if the LQFRPSOLDQFHZLWK256WR
YHKLFOH and
 D,VQRWRWKHUZLVHXVHGLQWUDQVSRUWLQJ  F,VDSSURYHGE\WKH'HSDUWPHQWRI7UDQV-
goods and merchandise for compensation; and portation as complying with paragraphs (a) and
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structed for that use or has a combined weight (3) A vehicle owned or operated by a trans-
QRWH[FHHGLQJSRXQGV SRUWDWLRQGLVWULFWRUJDQL]HGXQGHU256
(5) Vehicles being used by a for-hire carrier WR
to transport within this state free or at reduced (4) A vehicle owned or operated by a county
UDWHV service district authorized to provide public
 D7KHFDUULHU·VRIÀFHUVDJHQWVRUHPSOR\-
ees, or dependent members of the families of
those individuals, or the personal effects or
KRXVHKROGJRRGVRIWKRVHLQGLYLGXDOV
(b) Ministers of religions, inmates of hos-
pitals and individuals exclusively engaged in
FKDULWDEOHDQGHOHHPRV\QDU\ZRUN
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(5) A vehicle owned or operated by an inter-
governmental body formed by two or more
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825.024 Applicability to farm vehicles.
 F,QGLJHQWGHVWLWXWHDQGKRPHOHVVLQGLYLG-
uals and the necessary agents employed in the
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(d) Witnesses attending legal investigations
LQZKLFKWKHFDUULHULVLQWHUHVWHG
(e) Persons injured in wrecks and physicians
([FHSWDVSURYLGHGLQ256DQG
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apply to a motor vehicle or combination owned
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(f) Persons providing relief in cases of gen- XQGHU256
HUDOHSLGHPLFSHVWLOHQFHRURWKHUHPHUJHQF\

3DJH (2015 Edition)

 02725&$55,(56  

 E,VXVHGIRUWUDQVSRUWLQJVDQGJUDYHO
rock, dirt, debris, cinders or asphaltic concrete
mix to a project of a district or corporation
organized under ORS chapter 545, 547 or 554
when the project is being constructed on land
owned or leased by the farmer and the mate-
rials are directly related to the construction
RIWKHSURMHFW
825.028 Transportation services for
charitable organizations. (1) For-hire car-
riers may provide transportation of household
goods for charitable organizations or civic non-
SURÀWRUJDQL]DWLRQVDQGIHVWLYDOVDWQRFKDUJH
or at reduced rates or in exchange for promo-
tional services by the charitable organization
RUFLYLFQRQSURÀWRUJDQL]DWLRQRUIHVWLYDO
(c) Has three or fewer permanent axles  $VXVHGLQWKLVVHFWLRQ
and is used in part to provide transportation  D´&KDULWDEOHRUJDQL]DWLRQµKDVWKHPHDQ-
services for hire when such services relate to LQJJLYHQWKDWWHUPLQ256
the farm of another and are services that the
vehicle owner could perform in the operation
of the owner’s farm under farm vehicle regis-
WUDWLRQLVVXHGXQGHU256RUZLWKWKH
IDUPGHYLFHLVVXHGXQGHU256)RU
purposes of this paragraph, a single drop axle
LVQRWDSHUPDQHQWD[OH
 E´&LYLFQRQSURÀWRUJDQL]DWLRQµRU´IHV-
WLYDOµ PHDQV DQ RUJDQL]DWLRQ RU IHVWLYDO
FODVVLÀHGXQGHUWKH,QWHUQDO5HYHQXH&RGH
as having a 501(c)(3) or 501(c)(4) tax exempt
VWDWXV>)RUPHUO\F†
F†@
 G,VDFRPELQDWLRQRIDSLFNXSWUXFNDQG
a trailer and is used in part to provide trans-
portation services for hire when such services
relate to the farm of another and are services
that the vehicle owner could perform in the
operation of the owner’s farm under farm vehi-
FOHUHJLVWUDWLRQLVVXHGXQGHU256
or with the farm device issued under ORS

(2) Vehicles or combinations that either are
UHJLVWHUHGXQGHU256RUKDYHDIDUP
GHYLFHLVVXHGXQGHU256DUHVXEMHFW
WRWKHSURYLVLRQVRI256DQG
LIWKHYHKLFOHVRUFRPELQDWLRQV chapter does not apply to the persons or vehi-
(a) Are operating in interstate commerce; or
(b) Have a combined weight of more than
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(3) Any farmer with a vehicle registered
XQGHU256RUZLWKDIDUPGHYLFH
LVVXHG XQGHU 256  PD\ REWDLQ D
SHUPLWXQGHU256WKDWZLOODXWKRUL]H
partial use of the vehicle to provide transpor-
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(4) Any person issued a permit as described
in subsection (3) of this section must comply
with record keeping requirements and report-
ing requirements that the Department of
Transportation determines necessary for the
GHSDUWPHQWWRDGPLQLVWHUWKLVVHFWLRQ7KH
department may deny the exemptions from
provisions of this chapter provided to persons
issued permits as described in subsection
(3) of this section if a person fails to comply
825.030 Application of chapter to inter-
state and foreign commerce. This chapter
applies to interstate and foreign commerce,
H[FHSWLQVRIDUDVLWPD\EHLQFRQÁLFWZLWKWKH
provisions of the Constitution and the laws of
WKH8QLWHG6WDWHV1RWKLQJLQWKLVFKDSWHU
exempts a person from federal motor carrier
safety regulations when operating in interstate
RUIRUHLJQFRPPHUFH>)RUPHUO\
F†@
825.032 Nonapplicability of economic
UHJXODWLRQWRVSHFLÀHGYHKLFOHV([FHSW
as otherwise provided in this section, this
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RI256

DQGDSSO\WRWKHIROORZLQJSHUVRQVDQG
YHKLFOHV
(1) A vehicle owned or operated by a person
prior to the time the vehicle is placed in com-
PHUFLDORSHUDWLRQ
(2) A person transporting the person’s own
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of the vehicle, trailer and boat is 15,000 pounds
RUOHVV
(3) A vehicle being used for the purposes of
IRUHVWSURWHFWLRQDQGÀUHVXSSUHVVLRQLIWKH
vehicle is necessary in order to comply with
256RURUDVLPLODUIHGHUDO
statute, including but not limited to a vehicle
being moved to or from the forest protection
GLVWULFWRSHUDWLRQDUHD>F†@
ZLWKUHFRUGNHHSLQJUHTXLUHPHQWV>)RUPHUO\
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825.026 Applicability of chapter to
certain otherwise exempt vehicles when
transporting hazardous wastes. This chap-
ter does not apply to the vehicles described in
256DQGH[FHSWDVSURYLGHGLQ
256DQGH[FHSWWKDWWKHYHKLFOHVDUH
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 &HUWLÀFDWHRUSHUPLWUHTXLUHG
for commercial transportation of persons
or property on public highways. No person
shall operate any motor vehicle, whether loaded
or empty, on any highway in this state as a
carrier in the transportation of persons or
property without possessing, in addition to
VXEMHFWWR256DQGDQG
(4) and the rules adopted by the Department
of Transportation relating to the safety of the
vehicles while engaged in the transportation
RIKD]DUGRXVZDVWHVRQSXEOLFKLJKZD\V>)RU-
PHUO\F†@
any license required by any other law, a valid
FHUWLÀFDWH RU SHUPLW IURP WKH 'HSDUWPHQW
of Transportation authorizing the proposed
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violation of this section is a separate violation,
whether the prohibited operations occur within
the same day or different days or relate to the

Page 477 (2015 Edition)

 OREGON VEHICLE CODE

VDPHPRWRUYHKLFOHRUGLIIHUHQWPRWRUYHKLFOHV (2) A motor carrier registered in a jurisdic-

>)RUPHUO\@ tion that is a party to an agreement entered
825.102 Issuance of permits to intra- into under this section is considered registered
state for-hire carriers; rules. ([FHSW for interstate operations in Oregon for the pur-
DVSURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ
DQG256WKH'HSDUWPHQWRI7UDQV-
portation shall issue a permit to a person to
provide transportation service as a for-hire
carrier over any highway in this state in intra-
state commerce if the person applies for the
SHUPLWDQGWKHGHSDUWPHQWLVVDWLVÀHGWKDWWKH
person is able to comply with the provisions of
WKLVFKDSWHUDQGWKHUXOHVRIWKHGHSDUWPHQW
SRVHRI256
(3) The department may adopt any rules
the department deems necessary to effectuate
and administer the provisions of an agreement
HQWHUHGLQWRXQGHUWKLVVHFWLRQ
(4) An agreement may not provide for any
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR
any fees or taxes levied or assessed against the
XVHRIKLJKZD\VRUXVHRURZQHUVKLSRIYHKLFOHV
  ,Q GHFLGLQJ ZKHWKHU WR DSSURYH DQ
application for a permit under this section,
the department shall consider any evidence
demonstrating that the applicant is unable
to comply with this chapter and the rules of
the department and shall deny the application
LIWKHDSSOLFDQWGRHVQRWPHHWWKHÀQDQFLDO
responsibility and safety requirements estab-
lished by this chapter and by rules of the
GHSDUWPHQW
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825.106 Issuance of permits to carriers
described in ORS 825.020. Upon receipt of
the information in writing required by the
application form for permits in that class and in
compliance with the law, rules and regulations
of the Department of Transportation, permits
shall be issued to motor carriers described in
256FRQGLWLRQHGWKDWWKHSURSRVHG
operation will not be attended with substantial
 ,IDQDSSOLFDWLRQIRUDSHUPLWXQGHUWKLV
section is denied, the department shall notify
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applicant is entitled to a hearing if written
request for a hearing is made within 15 days
RIWKHQRWLÀFDWLRQRIGHQLDO
(4) A permit granted under this section is not
WUDQVIHUDEOH7KHGHSDUWPHQWVKDOOGHWHUPLQH
E\UXOHZKDWFRQVWLWXWHVWUDQVIHURIDSHUPLW
(5) A permit issued under this section may
be suspended or revoked as provided in this
FKDSWHU*URXQGVIRUVXVSHQVLRQRUUHYRFDWLRQ
include, but are not limited to, failure to main-
tain compliance with safety requirements,
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cial responsibility requirements and failure
to report or pay fees, taxes or penalties due
WKHGHSDUWPHQW
damage to the highway or danger to the users
thereof, to adjacent property or facilities or to
WKHSXEOLF7KHDSSOLFDQWLVHQWLWOHGWRDKHDU-
ing by the department if the application has
EHHQGHFOLQHGE\WKHGHSDUWPHQW>)RUPHUO\
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825.108 Issuance of permits to private
carriers; exception. (1) Upon receipt of the
information in writing required by the appli-
cation form for permits in that class and in
compliance with the law and the rules and reg-
ulations of the Department of Transportation,
permits shall be issued to private carriers,
conditioned that the proposed operation will
not be attended with substantial damage to
the highway or danger to the users thereof, to
DGMDFHQWSURSHUW\RUIDFLOLWLHVRUWRWKHSXEOLF
The applicant is entitled to a hearing by the
department if the application has been declined
 7KHGHSDUWPHQWPD\QRWLVVXHDSHUPLW
under this section for transportation of house-
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JRRGVDUHVXEMHFWWRWKHFHUWLÀFDWHSURYLVLRQV
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 )HGHUDOUHJLVWUDWLRQDQGÀQDQ-
cial responsibility requirements for
interstate carriers. An interstate for-hire
carrier or private carrier required to obtain a
United States Department of Transportation
registration number engaged or to engage in
interstate operations may not perform trans-
portation services on the public highways of
WKLVVWDWHZLWKRXWKDYLQJÀUVWFRPSOLHGZLWK
IHGHUDOUHJLVWUDWLRQDQGÀQDQFLDOUHVSRQVL-
ELOLW\UHTXLUHPHQWV>)RUPHUO\
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 &RQÀUPDWLRQRIIHGHUDOUHJLV-
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(2) A person acting as a private carrier need
not obtain a permit from the department for
operating any vehicle or combination of vehi-
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825.110 Issuance, extension or trans-
IHURIFHUWLÀFDWHWRFDUULHUVRIKRXVHKROG
JRRGVKHDULQJVÀQGLQJVUXOHV(1) When a
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WDWLRQDQDSSOLFDWLRQIRUDFHUWLÀFDWHWRRSHUDWH
as a for-hire carrier of household goods, for
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WKHWUDQVIHURIDFHUWLÀFDWHWKHGHSDUWPHQW
PD\LVVXHH[WHQGRUWUDQVIHUWKHFHUWLÀFDWH
if the department determines the applicant
meets the requirements of subsection (2) of
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interstate motor carriers; rules. (1) The
Department of Transportation may enter into
an agreement with the authorized representa-
tives of any jurisdiction outside this state for
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DQGDFFHSWLQJSURRIRIÀQDQFLDOUHVSRQVLELOLW\
IRULQWHUVWDWHPRWRUFDUULHUV
 ,IWKHDSSOLFDWLRQIRULVVXDQFHH[WHQVLRQ
RUWUDQVIHURIDFHUWLÀFDWHXQGHUWKLVVHFWLRQLV
the subject of a hearing, the department shall
LVVXHWKHFHUWLÀFDWHLIWKHDSSOLFDQWKDVFRP-
plied with this chapter and the rules of the
GHSDUWPHQWDQGLIWKHGHSDUWPHQWÀQGVIURP

Page 478 (2015 Edition)

 02725&$55,(56  

the record and the evidence submitted at the a user of the proposed transportation service,
KHDULQJWKDW and if the department concludes, after investi-
 D7KHDSSOLFDQWLVÀWZLOOLQJDQGDEOHWR gation, that the request represents a true need
perform the transportation service proposed; RULVLQWKHSXEOLFLQWHUHVW
 E7KHDSSOLFDQWKDVFHUWLÀHGWKDWWKHYHKL-
cles listed on the application comply with all
Oregon laws and rules covering vehicle safety
and operations and will be so maintained;
(c) The service proposed will not be attended
with substantial damage to the highways or
danger to other highway users or to the public;
(d) The rates or contracts proposed by
the applicant, if an intrastate operator, are
approved by the department; and
(e) The applicant can and will furnish and
ÀOHWKHLQVXUDQFHERQGRUVXEVWLWXWHVHFXULW\
or qualify as self-insurer as provided in this
FKDSWHU
(2) The department shall cancel immediately
any temporary authority granted under this
section if the department determines that the
temporary authority issued does not comply
with requirements for grant of authority under
256
(3) The department may not grant tempo-
rary authority under this section for an initial
SHULRGRIPRUHWKDQVL[PRQWKV
(4) The department may renew temporary
authority granted under this section one time
IRUDSHULRGRIQRWPRUHWKDQVL[PRQWKV
(5) A person who is granted temporary
authority under this section may apply for per-
manent authority to provide the transportation
 ,IWKHGHSDUWPHQWGRHVQRWÀQGWKDWDOO
the conditions provided in subsection (2) of this
VHFWLRQDUHVDWLVÀHGWKHGHSDUWPHQWPD\GHQ\
the application or may defer issuance of the
FHUWLÀFDWHSHQGLQJFRPSOLDQFHE\WKHDSSOLFDQW
service after the expiration of the temporary
authority by making application in the manner
provided for application for permanent author-
LW\XQGHUWKLVFKDSWHU
with those conditions provided in subsection  $JUDQWRIWHPSRUDU\DXWKRULW\XQGHU
RIWKLVVHFWLRQ this section does not establish any right to a
grant of permanent authority under this chap-
 ,IDQDSSOLFDWLRQIRUDFHUWLÀFDWHXQGHU WHU>)RUPHUO\F†
this section is denied, the department shall F†@
QRWLI\WKHDSSOLFDQWRIWKHUHDVRQVIRUGHQLDO
The applicant is entitled to a hearing if written  &HUWLÀFDWHIRUHPHUJHQF\WUDQV-
request for a hearing is made within 15 days SRUWDWLRQ VHUYLFHV  ,I DQ\ FRQGLWLRQ RU
DIWHUWKHQRWLÀFDWLRQRIGHQLDO emergency arises requiring relief in cases of
general epidemic, pestilence or other calami-
 ,IWKHDSSOLFDQWIDLOVWRDSSHDUDWWKHWLPH tous visitation in the state or any community
DQGSODFHÀ[HGIRUWKHKHDULQJWKHDSSOLFDWLRQ therein, wherein the public or community
PD\EHGHQLHG interest or the transportation of any persons or
 D3HQGLQJGHWHUPLQDWLRQRIDSSOLFDWLRQ
IRUWUDQVIHURIDFHUWLÀFDWHWKHGHSDUWPHQW
may grant approval of the temporary operation
RIWKHFHUWLÀFDWHE\WKHSURVSHFWLYHWUDQVIHUHH
or, if the transferor’s service to the public may
be substantially impaired, may authorize
temporary management of the transferor’s
motor carrier operations by the prospective
household goods requires, in the opinion of the
Department of Transportation, the issuance
RIDFHUWLÀFDWHIRUHPHUJHQF\WUDQVSRUWDWLRQ
VHUYLFHVWKHGHSDUWPHQWPD\LVVXHDFHUWLÀ-
cate for emergency transportation services, the
term of which shall be limited to a reasonable
time to be determined by the department under
WKHFLUFXPVWDQFHV
WUDQVIHUHH
(b) Service performed under temporary
authority granted under this section is subject
to all provisions of this chapter and the rules
RIWKHGHSDUWPHQW
(7) The department may require an appli-
FDQWIRUDFHUWLÀFDWHWRRSHUDWHDVDIRUKLUH
carrier of household goods issued under this
section to complete a criminal background
FKHFN 7KH GHSDUWPHQW VKDOO DGRSW UXOHV
describing the standards used by the depart-
PHQWWRGHWHUPLQHLIDQDSSOLFDQWLVXQÀWEDVHG
on the results of the applicant’s criminal his-
WRU\>)RUPHUO\F†
F†@
825.115 Temporary authority to pro-
vide transportation services; duration. (1)
The Department of Transportation may grant
temporary authority for a for-hire carrier to
provide transportation of household goods
ZKHUHLWLVLQWKHSXEOLFLQWHUHVW6XFKWHPSR-
rary authority may be authorized only if the
department receives a request for service from
Page 479
 7KHGHSDUWPHQWPD\LVVXHDFHUWLÀFDWH
for emergency transportation services donated
IRUWKHEHQHÀWRIDFKDULWDEOHRUJDQL]DWLRQLI
the services are transportation of persons or
household goods and the services are not of a
type ordinarily required in the operation of
WKHRUJDQL]DWLRQ1RWZLWKVWDQGLQJDQ\RWKHU
SURYLVLRQRIWKLVFKDSWHUDFHUWLÀFDWHLVVXHG
pursuant to this subsection shall be issued
ZLWKRXWFKDUJHWRWKHDSSOLFDQW$VXVHGLQWKLV
VXEVHFWLRQ´FKDULWDEOHRUJDQL]DWLRQµPHDQV
any person organized and existing for religious
or medical purposes or any political subdivision
RIWKLVVWDWH
(3) The emergency authority issued under
this section does not convey any right to per-
manent authority and is not evidence of a need
IRUSHUPDQHQWDXWKRULW\>)RUPHUO\
F†@
825.125 Applications for authority;
rules. The Department of Transportation shall
SUHVFULEHIRUPVRIDSSOLFDWLRQVIRUFHUWLÀFDWHV
or permits for the use of applicants and shall
(2015 Edition)
 OREGON VEHICLE CODE
PDNHUHJXODWLRQVIRUWKHÀOLQJWKHUHRI>)RU-
PHUO\@
825.127 Permit for local cartage of
household goods. The Department of Trans-
portation may grant issuance of a permit to a
for-hire carrier engaged in performing local
cartage of household goods within areas des-
ignated by the department pursuant to ORS
>)RUPHUO\F†@
 /HJDOVWDWXVRIFHUWLÀFDWHV(1)
Notwithstanding any provision of law, no cer-
WLÀFDWHLVVXHGXQGHUWKLVFKDSWHURUDQ\SULRU
law, shall be assigned or otherwise transferred
H[FHSWDVSURYLGHGLQ256
of any operating authority or variance permit
under ORS chapter 818 if the department
has reasonable grounds to believe, based on
LQIRUPDWLRQFRQWDLQHGLQGHSDUWPHQWÀOHVDQG
records, or based on evidence presented during
DKHDULQJZLWKUHVSHFWWRDQDSSOLFDWLRQÀOHG
XQGHU256WKDWDQ\RIWKHIROORZLQJ
DSSO\
(a) The applicant is not capable of conduct-
ing the transportation service contemplated,
in compliance with the law and rules of the
GHSDUWPHQW
(b) The applicant is or has been a repeated
and intentional violator of the provisions of this
 1RVXFKFHUWLÀFDWHVKDOOEHFRQVWUXHGWR chapter, of ORS chapter 818 or of the rules of
be a franchise or irrevocable or exclusive or to WKHGHSDUWPHQW7KLVSDUDJUDSKGRHVQRWDSSO\
SRVVHVVYDOXHIRUUDWHPDNLQJSXUSRVHV+RZ- to violations for which an applicant has been
ever, upon the death of an individual holding SHQDOL]HGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
DFHUWLÀFDWH (c) The information contained in the appli-
 D,IWKHHVWDWHRIVXFKLQGLYLGXDOLVDGPLW-
ted to probate, the executor or personal
representative may continue the operation
thereunder, for the purpose of transferring
WKHFHUWLÀFDWHIRUDSHULRGQRWWRH[FHHGWZR
years from the date of death; or
cation pertaining to ownership, possession or
control of the equipment or operation to be
FRQGXFWHGLVIDOVH
(3) A person whose application has been
denied under subsection (2) of this section
is not eligible to renew the application or to
 E,IWKHHVWDWHRIVXFKLQGLYLGXDOLVQRW
probated, all the heirs of the deceased holder
RIWKHFHUWLÀFDWHPD\ÀOHZLWKWKH'HSDUW-
ment of Transportation an application for the
WUDQVIHURIWKHFHUWLÀFDWHWRJHWKHUZLWKDQ
DIÀGDYLWVLJQHGE\WKHKHLUVVWDWLQJWKHQDPH
RIWKHSHUVRQWRZKRPWKHFHUWLÀFDWHLVWREH
WUDQVIHUUHG,IDQ\KHLUKDVQRWUHDFKHGWKH
age of majority or is otherwise legally incapac-
itated, the heir’s parent or guardian shall sign
IRUWKHKHLU7KHDIÀGDYLWVKDOOEHRQDIRUP
SUHVFULEHGDQGIXUQLVKHGE\WKHGHSDUWPHQW
6XEMHFWWRWKHSURYLVLRQVRI256WKH
GHSDUWPHQWVKDOOWUDQVIHUWKHFHUWLÀFDWHWRWKH
SHUVRQQDPHGDVWUDQVIHUHHLQWKHDIÀGDYLW
operate or participate directly or indirectly
in the proposed operation for a period of time
RUGHUHGE\WKHGHSDUWPHQW7KHSHULRGRIWLPH
ordered by the department under this subsec-
tion shall in no event be less than a period
of six months from the date application has
been denied and shall continue until the appli-
cant has complied with any other penalties
ordered by the department under this or other
SURYLVLRQVRIWKLVFKDSWHU$QDSSOLFDQWPD\
renew an application without prejudice by past
violations after the penalty period under this
VXEVHFWLRQ
(4) Upon request, any person whose appli-
cation has been denied under subsection (2) of
 ,QGHWHUPLQLQJWKHVFRSHRIDXWKRULW\
to be transferred under subsection (2) of this
section, the department shall consider, as evi-
GHQFHRISDVWXVHXQGHUWKHFHUWLÀFDWHRQO\WKH
services furnished during the two-year period
immediately preceding the death of the certif-
LFDWHKROGHU
WKLVVHFWLRQVKDOOEHJUDQWHGDKHDULQJ7KLV
subsection does not require a separate or addi-
tional hearing for applicants if the issues are
addressed as part of any hearing on the appli-
FDWLRQ$IWHUWKHKHDULQJWKHGHSDUWPHQWVKDOO
grant or deny the application in conformity
ZLWKWKHÀQGLQJV
 ,IDQDSSOLFDWLRQXQGHUVXEVHFWLRQRI
WKLVVHFWLRQIRUWKHWUDQVIHURIWKHFHUWLÀFDWHLV
QRWÀOHGZLWKLQPRQWKVRIWKHGDWHRIGHDWK
DQGLIVXFKFHUWLÀFDWHLVQRWWUDQVIHUUHGZLWKLQ
WZR\HDUVRIWKHGDWHRIGHDWKWKHFHUWLÀFDWH
VKDOOEHGHHPHGDXWRPDWLFDOO\UHYRNHG>)RU-
PHUO\F†@
 'HQLDORIFHUWLÀFDWHSHUPLW
transfer or extension of authority; hear-
ing; restriction. (1) As used in this section,
´DSSOLFDQWµLQFOXGHVEXWLVQRWOLPLWHGWRDQ\
person having a substantial interest or control,
directly or indirectly, in or over the operations
conducted or to be conducted under the carri-
HU·VDXWKRULW\
(2) Notwithstanding any other provision of
law, the Department of Transportation may
(5) Subsection (2) of this section shall be
strictly construed for purposes described in
this subsection and shall control over any other
purposes or policy considerations under the
ODZVUHODWLQJWRPRWRUFDUULHUV7KHGHSDUW-
ment shall exercise the authority granted
under subsection (2) of this section to assure
that persons described in subsection (2)(b) of
WKLVVHFWLRQ
(a) Achieve an awareness of and respect for
the provisions of this chapter, ORS chapter
DQGUXOHVRIWKHGHSDUWPHQW
(b) Do not legitimize activities that violate
this chapter, ORS chapter 818 or the rules of
the department by applying for and receiving
any operating authority to continue previously
XQODZIXODFWLYLWLHV
QRWJUDQWWRDQDSSOLFDQWDFHUWLÀFDWHSHUPLW  ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWDFDU-
transfer of any operating authority, extension rier issued authority under this chapter is not

Page 480 (2015 Edition)

 02725&$55,(56
providing requested transportation services
that are within the authority of the carrier,
the department shall limit the authority of
the carrier to service that the carrier is actu-
ally providing unless the carrier provides full
transportation services permitted under the
FDUULHU·VDXWKRULW\>)RUPHUO\
F†F†F†@
825.137 Cancellation, revocation or
suspension of authority, generally. (1) Cer-
WLÀFDWHVDQGSHUPLWVZKHQLVVXHGVKDOOEHYDOLG
until suspended or revoked when the carrier
is found by the Department of Transportation
to be in violation of this chapter or ORS chap-
WHU$YDULDQFHSHUPLWLVVXHGXQGHU256
chapter 818 shall be valid for the length of
time for which it is issued unless prior to that
time the permit is suspended or revoked by the
 
refused to maintain records required by
the department or to produce such records
for examination within the time set by the
GHSDUWPHQW
(h) Has failed to appear for hearing after
QRWLFHWKDWWKHFHUWLÀFDWHRUSHUPLWLVXQGHU
LQYHVWLJDWLRQ
(i) Has filed with the department an
application which is false with regard to
the ownership, possession or control of the
equipment being used or the operation being
FRQGXFWHG
(3) The department shall not suspend or
UHYRNHDFHUWLÀFDWHRUSHUPLWRIDYHKLFOHRU
SHUVRQGHVFULEHGLQ256XQOHVVWKH
person or vehicle is in violation of this section
DQG256
Department of Transportation for violation of DQG
WKLVFKDSWHURU256FKDSWHU 

 &HUWLÀFDWHVRUSHUPLWVRUYDULDQFHSHU- 
mits issued pursuant to ORS chapter 818, may RU>)RU-
be suspended or canceled by the department PHUO\F†F†
based upon the department’s own motion after F†F†@
QRWLFHDQGKHDULQJZKHQWKHFHUWLÀFDWHRU
SHUPLWKROGHU 825.139 Suspension or cancellation of
authority for tax delinquency or failure to
(a) Or agents or employees of the holder have ÀOHERQGQRWLFHKHDULQJV$FHUWLÀFDWH
repeatedly violated this chapter or other high- or permit is subject to suspension or cancella-
ZD\RUPRWRUODZVRIWKLVVWDWH,QDSSO\LQJ WLRQLIWKHKROGHUWKHUHRI
this paragraph the department may consider
violations by agents or employees of the holder
that occurred prior to the time they became
agents or employees of the holder, but only if
the agent or employee has a substantial inter-
est or control, directly or indirectly, in or over
WKHRSHUDWLRQRIWKHKROGHU
(b) Has repeatedly violated or avoided any
RUGHURUUXOHRIWKHGHSDUWPHQW
 D,VGHOLQTXHQWLQUHSRUWLQJRUSD\LQJDQ\
fees, taxes or penalties due the Department of
Transportation, whether imposed under this
FKDSWHURUXQGHU256FKDSWHURU
(b) Has refused or failed, within the time
SURYLGHGWRÀOHDGHSRVLWRUERQGUHTXHVWHG
XQGHU256
(2) A written 10-day notice of suspension
 F,VDWUDQVSRUWHURIKRXVHKROGJRRGVDQG
has repeatedly made unlawful rebates or
repeatedly underestimated transportation
FKDUJHVWRFOLHQWV
(d) Has repeatedly refused or has repeatedly
failed, after being requested to do so, to furnish
VHUYLFHDXWKRUL]HGE\FHUWLÀFDWH7KHGHSDUW-
ment in such cases may also, in the discretion
RIWKHGHSDUWPHQWUHVWULFWWKHFHUWLÀFDWHWR
VKDOOEHJLYHQWRWKHFHUWLÀFDWHRUSHUPLWKROGHU
and unless a hearing is requested within such
WLPHWKHFHUWLÀFDWHRUSHUPLWVKDOOEHGHHPHG
suspended without further notice or hearing
until the report, payment, bond or deposit is
ÀOHGZLWKWKHGHSDUWPHQW
(3) Upon a written 10-day notice by the
GHSDUWPHQWDFHUWLÀFDWHRUSHUPLWPD\EH
suspended or canceled for any of the reasons
FRQIRUPZLWKRSHUDWLRQVFRQGXFWHG
(e) Has not, except for reasons beyond the
control of the holder, transported household
JRRGVDXWKRUL]HGE\WKHFHUWLÀFDWHIRUDSHULRG
exceeding 180 consecutive days immediately
SUHFHGLQJWKHÀOLQJRIWKHFRPSODLQWLQWKH
SURFHHGLQJ7KHGHSDUWPHQWLQWKHVHFDVHV
may also, in the discretion of the department,
UHVWULFWWKHFHUWLÀFDWHWRFRQIRUPZLWKRSHU-
ations performed that were required by the
SXEOLFFRQYHQLHQFHDQGQHFHVVLW\
(f) Has not, except for reasons beyond the
control of the holder, transported property
authorized by the permit for a period exceed-
LQJRQH\HDULPPHGLDWHO\SUHFHGLQJWKHÀOLQJ
RIWKHFRPSODLQWLQWKHSURFHHGLQJ
(g) Has refused, or has failed, within
WKHWLPHSURYLGHGWRÀOHWKHDQQXDOUHSRUW
UHTXLUHG E\ 256  RU KDV IDLOHG RU
Page 481
VHWIRUWKLQVXEVHFWLRQRIWKLVVHFWLRQ,IWKH
FHUWLÀFDWHRUSHUPLWLVVXVSHQGHGWKHÀOLQJ
of the report, payment, bond or deposit will
not reinstate the authority until the suspen-
sion period has expired, except on order of the
GHSDUWPHQW>)RUPHUO\F†
F†@
825.141 Reinstatement fee after suspen-
sion of authority. ,QDGGLWLRQWRDQ\RWKHU
requirements of this chapter, a carrier whose
operating authority has been suspended shall
pay a reinstatement fee of $25 to the Depart-
ment of Transportation before the operating
authority may be reinstated, plus $5 for each
vehicle receipt outstanding under the carri-
er’s authority at the time of suspension, if the
suspension has been in effect more than 30
GD\V+RZHYHULIWKHVXVSHQVLRQKDVEHHQLQ
effect for 30 days or less, in addition to the rein-
statement fee of $25 the carrier only need pay
(2015 Edition)
 OREGON VEHICLE CODE
$5 for each receipt it does not surrender upon
DSSOLFDWLRQIRUUHLQVWDWHPHQWRIWKHDXWKRULW\
>)RUPHUO\F†@
825.145>)RUPHUO\UHSHDOHGE\
F†@
(Insurance)
825.160 Liability insurance of carriers.
(1) A person may not operate as a motor car-
rier on public highways of this state until the
person has in effect a policy of public liability
DQGSURSHUW\GDPDJHLQVXUDQFH
for purposes of revocation or suspension of the
FDUULHU·VDXWKRULW\
(2) An insurance policy furnished under
256RUPD\QRWEHFDQFHOHG
or otherwise terminated at any time prior to
its expiration until the entity that executed the
SROLF\KDVÀOHGZLWKWKHGHSDUWPHQWDQRWLFH
RIFDQFHOODWLRQDVSURYLGHGLQWKHSROLF\7KH
cancellation is effective not less than 30 days
from the date of receipt, and no agreement
between the parties thereto shall operate to
DYRLGWKLVUHVWULFWLRQXSRQFDQFHOODWLRQ
 ,IDQ\LQVXUDQFHSROLF\UHTXLUHGXQGHU
 ,QVXUDQFHUHTXLUHGXQGHUWKLVVHFWLRQ
shall be provided at minimum limits the
Department of Transportation by rule may
prescribe, and upon such terms, conditions and
provisions as the department may determine
to be necessary for the reasonable indemni-
ÀFDWLRQRIWKHSDWURQVRIWKHDSSOLFDQWDQG
of the public against damage and injury for
which the applicant may be liable by reason of
WKHRSHUDWLRQRIDQ\PRWRUYHKLFOH+RZHYHU
256RUEHFRPHVLQRSHUDWLYH
WKHDXWKRULW\XQGHUWKHFHUWLÀFDWHRUSHUPLW
involved shall cease and be suspended insofar
as it pertains to any affected vehicles until an
insurance policy meeting the requirements of
256DQGEHFRPHVHIIHFWLYH
DQGLVDFFHSWHGE\WKHGHSDUWPHQW>)RUPHUO\
F†@
825.166 Deposit of securities or letter
the insurance policy required of a carrier or
persons engaged solely in interstate commerce
need not provide for the protection of their
SDWURQV
of credit. ,QOLHXRIWKHLQVXUDQFHSROLF\
RUVXUHW\ERQGWKHKROGHURIDQ\FHUWLÀFDWH
RUSHUPLWPD\ÀOHZLWKWKH'HSDUWPHQWRI
Transportation an irrevocable letter of credit
LVVXHGE\DQLQVXUHGLQVWLWXWLRQDVGHÀQHGLQ
 ,QÀ[LQJWKHDPRXQWRIWKHLQVXUDQFH
policy the Department of Transportation
shall give due consideration to the character
DQGDPRXQWRIWUDIÀFWKHQXPEHURISHUVRQV
involved and the degree of danger which
WKHSURSRVHGRSHUDWLRQLQYROYHV>)RUPHUO\
F†@
256RUPRQH\EDQNRUVDYLQJVDQG
ORDQVDYLQJVFHUWLÀFDWHVRUERQGVQHJRWLD-
ble by delivery, of the State of Oregon, school
districts therein, or of any county therein, or
obligations of the United States, or obliga-
tions for which the faith of the United States
is pledged for the payment of both the principal
825.162 Cargo insurance. $FHUWLÀ-
cate or permit may not be issued to any person
to operate intrastate as a for-hire carrier of
freight or express until the person has in
effect cargo insurance in such penal sum as
the Department of Transportation may deem
necessary to protect adequately the interests
RIWKHSXEOLF7KLVSROLF\VKDOOELQGWKHDVVXUHU
for loss of, or damage to, property carried in,
upon or attached to the motor vehicles or other
equipment operated by, for or under the control
of the assured, or while in the care or custody
RIWKHDVVXUHG
(2) The department may waive the require-
ment of cargo insurance for any carrier whose
service is limited to commodities not subject
to material damage or loss through ordinary
WUDQVSRUWDWLRQKD]DUGV>)RUPHUO\
F†@
825.164 Rules for compliance with
ORS 825.160 and 825.162; notice prior to
cancellation of insurance; suspension of
authority when insurance inoperative.
(1) The Department of Transportation by rule
shall establish a system for determining how
motor carriers demonstrate compliance with
WKHLQVXUDQFHUHTXLUHPHQWVRI256
DQG7KHV\VWHPPD\UHTXLUHFHUWLÀFD-
WLRQRIFRPSOLDQFHE\WKHFDUULHURUWKHÀOLQJRI
and interest, equal in amount to the amount
of the insurance policy or bond required by the
GHSDUWPHQW
(2) So long as the deposit remains unen-
cumbered the depositor is entitled to collect
WKHLQWHUHVWXSRQVXFKVHFXULWLHV
(3) The department shall hold the securi-
ties or letter of credit upon such terms as the
department shall designate and approve pur-
suant to the provisions of this chapter, and
shall deliver such securities or letter of credit
to the State Treasurer, who shall receive and
hold them subject to the lawful orders of the
GHSDUWPHQW 7KH 6WDWH 7UHDVXUHU DQG WKH
surety or letter of credit issuer of the treasurer
VKDOOEHOLDEOHXSRQWKHRIÀFLDOERQGRUOHWWHU
RIFUHGLWIRUWKHLUVDIHNHHSLQJ7KHGHSRVLWRUV
shall reimburse the State Treasurer for any
expenses incurred by the treasurer in the
mailing, insuring, shipping or delivering of
any such securities or letter of credit, or of
the interest coupons attached thereto as they
PDWXUH
(4) Such substituted security or letter of
credit shall be subject to the liabilities imposed
by the terms of the policy of insurance or surety
bond or letter of credit then currently used by
WKHGHSDUWPHQW
a policy with the department and may require
different acts of compliance based on class of
FDUULHURUH[SHULHQFH7KHV\VWHPVKDOODOVR
specify what acts constitute failure to comply
 ,IWKHVHFXULWLHVRUOHWWHURIFUHGLWSUR-
vided for in this section are furnished in lieu
of an insurance policy or bond, they shall not
be subject to withdrawal or assignment by
WKHKROGHURIWKHFHUWLÀFDWHRUSHUPLWHLWKHU

Page 482 (2015 Edition)

 02725&$55,(56  

voluntarily or by operation of law, until the (a) The transportation of personal property
expiration of one year after the holder of the for compensation or hire;
FHUWLÀFDWHRUSHUPLWLQFRQQHFWLRQZLWKZKLFK  E(QWU\XSRQUHDOSURSHUW\IRUWKHSXUSRVH
WKH\DUHIXUQLVKHGKDV of packing, loading, unloading or transporting
(a) Substituted therefor a policy of insurance personal property for compensation or hire; or
DVSURYLGHGLQ256DQG (c) A service incidental to an activity
 E7KHFHUWLÀFDWHRUSHUPLWFDQFHOHGRU described in paragraph (a) or (b) of this sub-
 F6XUUHQGHUHGVXFKFHUWLÀFDWHRUSHUPLWWR section including, but not limited to, storage
the department for cancellation and has ceased RISHUVRQDOSURSHUW\IRUFRPSHQVDWLRQRUKLUH
RSHUDWLRQWKHUHXQGHU >F†@
 ,IDQ\VXFKVHFXULWLHVEHFRPHLPSDLUHGLQ (Fees)
value, the department shall require additional
protection by insurance, bond, letter of credit or 825.180 Application fee; transfer fee;
substitute security to the extent that the value refunds. ,QDGGLWLRQWRWKHRWKHUIHHVSUH-
RIWKHVHFXULWLHVPD\KDYHEHFRPHLPSDLUHG VFULEHGLQWKLVFKDSWHU
>)RUPHUO\F†F
†@
825.168 Self-insurance. (1) Any for-hire
carrier, engaged in interstate or interstate
and intrastate operations within the State
RI2UHJRQZKLFKLVRUEHFRPHVTXDOLÀHGDV
a self-insurer with the United States Depart-
ment of Transportation in accordance with
laws of the United States applicable to self-in-
surance by motor carriers, is exempt, so long
DVVXFKTXDOLÀFDWLRQUHPDLQVHIIHFWLYHIURP
WKHSURYLVLRQVRI256WR
(2) The Department of Transportation may
require proof of the existence and continua-
WLRQRIH[HPSWVWDWXVWREHPDGHE\DIÀGDYLW
of the carrier in a form and at the times as the
GHSDUWPHQWPD\SUHVFULEH>)RUPHUO\
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 3URKLELWHGLQGHPQLÀFDWLRQSUR-
visions in motor carrier transportation
 D$SHUVRQDSSO\LQJIRUDFHUWLÀFDWHXQGHU
256VKDOOSD\DQDSSOLFDWLRQIHHRI

(b) A person applying for a permit under
256VKDOOSD\DIHHRI
(c) A person applying for a permit under ORS
VKDOOSD\DQDSSOLFDWLRQIHHRI
(d) A person applying for a change in a
SHUPLWVKDOOSD\DIHHRI
(e) A person applying for transfer of a cer-
WLÀFDWHVKDOOSD\DIHHRI
(f) A person making an application under
DQ\SURYLVLRQRIWKLVFKDSWHUQRWVSHFLÀHGLQ
this subsection shall pay a fee of $150 if the
PDWWHULVVHWIRUDKHDULQJ
(2) The Department of Transportation may
refund the fees collected under this section if
the applicant parties or their duly authorized
contracts; exceptions. ([FHSWDVSURYLGHG
under subsections (2) and (3) of this section,
any provision in a motor carrier transportation
contract that requires either party or either
party’s surety or insurer to indemnify or hold
harmless the other party against liability for
death, personal injury or property damage
caused in whole or in part by the negligence
representatives make written request for a
UHIXQGLI
(a) Request for withdrawal of the application
was received by the department no later than
ÀYHGD\VEHIRUHWKHKHDULQJGDWHRULIQRKHDU-
ing is required, such request must have been
received prior to issuance of authority; and
or intentional acts or omissions of the other  E7KHGHSDUWPHQWÀQGVWKDW
SDUW\LVYRLG  $7KHDSSOLFDQWLVQRWHOLJLEOHWRÀOHWKH
(2) This section does not affect any provision application;
in a motor carrier transportation contract that
requires either party or either party’s surety or
insurer to indemnify another person against
liability for death, personal injury or prop-
erty damage that arises out of the fault of the
indemnitor, or the fault of the indemnitor’s
DJHQWVUHSUHVHQWDWLYHVRUVXEFRQWUDFWRUV
(3) This section does not apply to any Uni-
IRUP,QWHUPRGDO,QWHUFKDQJHDQG)DFLOLWLHV
$FFHVV$JUHHPHQWDGPLQLVWHUHGE\WKH,QWHU-
modal Association of North America or any
other agreement providing for the interchange,
use or possession of intermodal chassis,
intermodal containers or other intermodal
HTXLSPHQW
(4) As used in this section, “motor carrier
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Page 483
 %&HUWLÀFDWHDXWKRULW\LVQRWQHHGHGIRU
the service intended;
(C) The applicant’s death or serious illness
precludes conducting the operations for which
application was made; or
(D) The transferor withdraws consent for the
WUDQVIHURIWKHFHUWLÀFDWH>)RUPHUO\
F†F†F†
F†@
(Regulatory Authority Generally)
825.200 Rules and orders regarding
uniform cargo liability and joint line
rates. (1) With respect to intrastate trans-
portation by motor carriers, the Department
of Transportation may adopt and enforce rules,

(2015 Edition)
 OREGON VEHICLE CODE

(a) Uniform cargo liability, uniform bills of (1) Observe and comply with the laws of this
lading or receipts and uniform cargo credit; VWDWHUHJXODWLQJWUDIÀFRQLWVKLJKZD\VRUWKH
and operation of motor vehicles thereon, or limiting
 E-RLQWOLQHUDWHVDQGURXWHVFODVVLÀFD-
tions and mileage guides for the purpose of
SURYLGLQJDQWLWUXVWLPPXQLW\
(2) Rules and orders adopted and issued
under subsection (1) of this section are manda-
tory only in respect to transportation described
LQ256>F†@
  'HSDUWPHQW·V DXWKRULW\ RYHU
IRUKLUH FDUULHUV RI KRXVHKROG JRRGV 7KH
Department of Transportation shall supervise
and regulate the transportation of household
goods by for-hire carriers and with respect to
WKHWUDQVSRUWDWLRQVHUYLFHVKDOO 825.210 Regulation of motor vehicles.
(1) After hearing, regulate and prescribe
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DQGSUDFWLFHV
(2)(a) Prescribe the kind and form of
the size, weight or speed of motor vehicles; and
(2) Observe and comply with the laws of this
state and with the orders, rules and regula-
tions of the Department of Transportation,
county courts, boards of county commissioners
and municipal authorities to protect the high-
ways from substantial damage and to promote
safety to other users thereof, to adjacent prop-
HUW\DQGIDFLOLWLHVDQGWRWKHSXEOLF>)RUPHUO\
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825.208>)RUPHUO\UHSHDOHGE\
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7KH'HSDUWPHQWRI7UDQVSRUWDWLRQPD\
(1) Require the weighing of motor vehicles
loaded and empty at reasonably frequent
intervals;
accounts, manifests, receipts and records to
be used and kept pertaining to operation, pre-
scribe the method and manner of keeping the
accounts, manifests, receipts and records and
require their preservation for such time as the
department may determine proper; and
(b) Have access to the accounts, manifests,
receipts and records with right of audit and
LQVSHFWLRQDWDOOUHDVRQDEOHWLPHV
 ,QVSHFWDQGUHTXLUHSURSHUHTXLSPHQW
and markings of motor vehicles and insure
the making of necessary repairs, to promote
HIÀFLHQWDQGVDIHRSHUDWLRQDQG
(3) Prescribe the character of appliances to
be used on motor vehicles to establish correct
mileage traveled by such vehicles and require
the installation and proper repair and inspec-
WLRQRIVXFKDSSOLDQFHV>)RUPHUO\@
 5HTXLUHWKHÀOLQJRIVXFKSHULRGLFDORU
other reports or data of such carriers as the
GHSDUWPHQWGHHPVQHFHVVDU\
(4) Require reasonably adequate service and
IDFLOLWLHV>)RUPHUO\F†@
825.204 Regulation of shipping receipts,
changes of vehicles and routes, records
and mileage for carriers of household
goods; rules. The Department of Transpor-
WDWLRQPD\ SXWHGRQEDVLVRIH[WUHPHPLOHDJHWUDYHOHG
(1) Require every person operating as a
for-hire carrier of household goods to issue
a receipt in triplicate for freight received for
shipment, which shall contain the name of
the truck operator, date and place received,
name of consignor, name of consignee, desti-
nation, description of shipment, weight, rate
and charges, and signature of the carrier or
agent; one of said receipts to be delivered to
825.212 Regulation of mileage records;
distinguishing marks. The Department of
7UDQVSRUWDWLRQPD\
(1) Prescribe such methods and means as
the department determines to be necessary
for checking, verifying and ascertaining the
number of miles traveled by each motor vehicle
operated by for-hire carrier and private carrier
and insure that the mileage charged for is com-
(2) Prescribe distinguishing marks, such
as signs, colors, lights, tags and plates as may
be convenient or necessary for distinguishing
classes of carriers or for protective or regula-
tory purposes; but not inconsistent with the
2UHJRQ9HKLFOH&RGH>)RUPHUO\@
(Rate Regulation)
825.220 Temporary rate procedures.
the consignor, one to consignee and one to be
UHWDLQHGE\FDUULHULQLWVÀOHV
(2) Prescribe rules governing amendments
RIFHUWLÀFDWHVRUSHUPLWVFRYHULQJDGGLWLRQVWR
and withdrawals of vehicles and the extension
RUFRQWUDFWLRQRIURXWHVDQGWKHÀOLQJRIDSSOL-
FDWLRQVWKHUHIRU
(3) Prescribe forms of accounts and records
1RWZLWKVWDQGLQJ256DIWHUSHWL-
tion by any interested person, or upon the
department’s own motion, the Department
of Transportation may permit the establish-
PHQWRUPRGLÀFDWLRQRIUDWHVFODVVLÀFDWLRQV
and practices to become temporarily effective
ZLWKRXW D KHDULQJ LI WKH GHSDUWPHQW ÀQGV
WKDWVXFKDFWLRQLVLQWKHSXEOLFLQWHUHVW7KH
department shall hold the hearing required
to be kept, reports to be made and blanks to E\256DVVRRQWKHUHDIWHUDVLV
be used by for-hire carriers in transportation SUDFWLFDEOH$Q\VXFKUDWHVFODVVLÀFDWLRQV
RSHUDWLRQVDQGPDWWHUVLQFLGHQWDOWKHUHWR and practices determined after hearing shall
>)RUPHUO\@ be effective as though originally determined
825.206 Duties of interstate carriers. A SXUVXDQWWR256>)RUPHUO\@
person engaged exclusively in the conduct of 825.222 Publication of notice of
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cation. When directed by the Department of

Page 484 (2015 Edition)

 02725&$55,(56
Transportation, any for-hire carrier of house-
hold goods, or agent on behalf of the carrier,
WKDWSURSRVHVWKHHVWDEOLVKPHQWRUPRGLÀFD-
WLRQRIDUDWHFODVVLÀFDWLRQRUSUDFWLFHVKDOO
publish notice of the proposal in a newspaper
of general circulation in the area in which the
SURSRVDOVKDOOEHHIIHFWLYH3XEOLFDWLRQVKDOOEH
ZLWKLQWKHWLPHSURYLGHGE\WKHGHSDUWPHQW
>)RUPHUO\F†@
825.224 Rate regulation of carriers
of household goods. (1) The rates, classi-
ÀFDWLRQVUXOHVDQGSUDFWLFHVXVHGE\IRUKLUH
carriers in the transportation of household
goods shall be prescribed by the Department
RI7UDQVSRUWDWLRQDQG rules providing for guidelines and require-
(a) Be plainly stated in tariffs available to
WKHSXEOLFDWHDFKFDUULHU·VRIÀFHDQGDWWKH
RIÀFHRIWKHGHSDUWPHQWDQG
(b) Be just, reasonable and fair and may
not be unduly discriminatory, prejudicial or
SUHIHUHQWLDO
(2) A for-hire carrier of household goods may
QRW department determines will adversely affect
(a) Charge, collect or receive a different
remuneration for the transportation of house-
hold goods, or for any related service, than the
rates that have been legally prescribed and
ÀOHGZLWKWKHGHSDUWPHQW
(b) Refund or remit in any manner or by any
device any portion of the rates required to be
collected by its tariffs or written contracts on
ÀOHZLWKWKHGHSDUWPHQW
(3)(a) Any action against for-hire carriers of
household goods for recovery of overcharges,
or by the carriers for the collection of under-
charges, shall be commenced within two years
IURPWKHWLPHWKHFDXVHRIDFWLRQDFFUXHG
 
evidence, require the carrier to comply with
MXVWIDLUODZIXODQGUHDVRQDEOHUDWHVFODVVLÀ-
cations, rules and practices established by the
GHSDUWPHQW6XFKFDUULHUVKDOOLPPHGLDWHO\
FRPSO\ZLWKVXFKRUGHUV
(5) The department may suspend a tariff of
for-hire carriers of household goods that the
department believes will impair the ability of
the carriers to serve the public or that appears
to be unjust, unfair, unreasonable, prejudicial,
GLVFULPLQDWRU\RURWKHUZLVHXQODZIXO>)RU-
PHUO\F†F†@
825.226 Rating bureaus; rules. (1) The
Department of Transportation shall adopt
ments for the formation of bureaus that
carriers regulated under this chapter may join
to develop and maintain reasonable rates for
WUDQVSRUWDWLRQVHUYLFHV7KHUXOHVVKDOOLQFOXGH
procedures to assure that rates established
through the rate bureaus are without unjust
discriminations, undue preferences or advan-
tages or practices that are unfair or that the
FRPSHWLWLRQ
(2) The department may establish any rule
for the regulation of rate bureaus under this
section that the department determines to be
LQWKHSXEOLFLQWHUHVW
(3) Carriers regulated under this chapter
may become members of rate bureaus that
meet the requirements established by the
department under this section and may use the
services of the rate bureaus in the development
RIUDWHVDQGUDWLQJSUDFWLFHVFODVVLÀFDWLRQV
divisions and rules that relate to rates in a
PDQQHUDOORZHGE\WKHGHSDUWPHQW>)RUPHUO\
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 E$VXVHGLQWKLVVXEVHFWLRQ &ODVVLÀFDWLRQV
 $´2YHUFKDUJHVµPHDQVFKDUJHVDVVHVVHG
for transportation service that are more than
the rates applicable under the tariff lawfully
LQHIIHFWRULQZULWWHQFRQWUDFWVRQÀOHZLWKWKH
GHSDUWPHQW
825.230 Carrier to operate only in class
for which authority issued; effect of vio-
lation. (1) The Department of Transportation
VKDOOLQLVVXLQJFHUWLÀFDWHVRUSHUPLWVFODVVLI\
the applicants as to their proper class under the
 %´8QGHUFKDUJHVµPHDQVFKDUJHVDVVHVVHG
for transportation service that are less than
the rates applicable under the tariff lawfully
LQHIIHFWRULQZULWWHQFRQWUDFWVRQÀOHZLWKWKH
GHSDUWPHQW
(4) The department shall check the records
law and no carrier shall operate in a different
FODVVZLWKRXWFHUWLÀFDWHRUSHUPLWIURPWKH
GHSDUWPHQW
(2) An authorized for-hire carrier may act as
a private carrier without separate or additional
DXWKRULW\
of for-hire carriers of household goods for the  ,IDIWHUQRWLFHDQGKHDULQJWKHGHSDUW-
purpose of discovering all discriminations and PHQWÀQGVWKDWDQ\FDUULHULVRSHUDWLQJLQD
UHEDWHV7KHGHSDUWPHQW FODVVRWKHUWKDQWKDWIRUZKLFKWKHFHUWLÀFDWHRU
(a) Upon the department’s own motion, permit is issued, the department shall revoke
may, and upon the complaint of any aggrieved RUVXVSHQGWKHFHUWLÀFDWHRUSHUPLWRURUGHU
person, shall, pursuant to written notice the carrier to cease and desist the illegal or
served upon any carrier subject to this sub- LUUHJXODUSUDFWLFHVIRXQG>)RUPHUO\
section, investigate the carrier’s service and F†F†@
WKHFDUULHU·VUDWHVFODVVLÀFDWLRQVUXOHVDQG   *HQHUDO DXWKRULW\ WR SUHVFULEH
practices; and DQGHQIRUFHUXOHVDQGFODVVLÀFDWLRQV7KH
 E7RWKHH[WHQWWKDWWKHUDWHVFODVVLÀ-
cations, rules or practices are found by the
department to be unreasonable, unlawful,
unfair or unduly discriminatory, preferential
or prejudicial, shall, by orders based upon the
Department of Transportation shall, by gen-
eral order or otherwise, prescribe and enforce
rules in conformity with this chapter to better
accomplish the enforcement of its provisions,
which shall cover and include for-hire carriers
DQGSULYDWHFDUULHUVDQGWKHLURSHUDWLRQV

Page 485 (2015 Edition)

 OREGON VEHICLE CODE
(2) The department may make such sub-
GLYLVLRQVRIWKHFDUULHUVDVFODVVLÀHGLQWKLV
chapter, as in the opinion of the department
PD\ZRUNWRWKHHIÀFLHQWDGPLQLVWUDWLRQRIWKLV
chapter and shall do all things necessary to
FDUU\RXWDQGHQIRUFHLWVSURYLVLRQV
(3) All rules made by the department pursu-
DQWWRWKLVFKDSWHUDQGÀOHGLQWKHRIÀFHRIWKH
GHSDUWPHQWKDYHWKHIRUFHDQGHIIHFWRIODZ
(4) This section does not restrict the powers
of the county courts or boards of county
metropolitan, industrial or homogeneous eco-
nomic area;
(d) The incorporated city or cartage area is
not contiguous to another city or within the
area encompassed by the commercial zone of
another city;
(e) Service to the public would not be
adversely affected;
(f) The carrier’s ability to render service
would not be adversely affected; and
commissioners under existing laws and amend-  J,WLVQRWRWKHUZLVHDGYHUVHWRWKHSXEOLF
PHQWVWKHUHRI LQWHUHVWWRH[FOXGHVXFKDUHDIURPUHJXODWLRQ
(5) Without restricting the general powers
conferred upon the department to prescribe
and enforce rules, the department is vested
with special authority with respect to the
PDWWHUVOLVWHGLQ256DQG
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825.234 Classes of carriers of household
JRRGVÀOLQJRIWDULII(1) For-hire carriers
RIKRXVHKROGJRRGVVKDOOEHFODVVLÀHGDQGWKH
FODVVLÀFDWLRQVKDOOEHVKRZQRQWKHFDUULHU·V
FHUWLÀFDWH ZKHQ LVVXHG RU UHLVVXHG E\ WKH
'HSDUWPHQWRI7UDQVSRUWDWLRQDVIROORZV ately preceding the effective date of the order
  ,I WKH GHSDUWPHQW ÀQGV LQ D IXWXUH
rulemaking proceeding that adequate service
is not being provided or that the public interest
demands that the exemption be removed, the
department shall remove the exemption and
require the affected cartage carriers to comply
ZLWKWKHSURYLVLRQVRIWKLVFKDSWHU
(3) Within 90 days after the effective date
of the order removing the exemption, carriers
who operated within the local cartage area
for at least six consecutive months immedi-
PD\ ÀOH ZLWK WKH GHSDUWPHQW DQ DSSOLFD-
 D,UUHJXODUURXWHWUDQVSRUWDWLRQRIKRXVH- WLRQIRURSHUDWLQJDXWKRULW\7KHDSSOLFDWLRQ
KROGJRRGV shall be accompanied by evidence of qual-
 E/RFDOFDUWDJHRIKRXVHKROGJRRGV LÀHGRSHUDWLRQVLQWKHORFDOFDUWDJHDUHD,I
 ,UUHJXODUURXWHFDUULHUVRIKRXVHKROG
JRRGVVKDOOÀOHWDULIIVDQGFODVVLÀFDWLRQVJRY-
HUQLQJUDWHV
(3) Cartage carriers of household goods shall
ÀOHWDULIIVDQGFODVVLÀFDWLRQVJRYHUQLQJUDWHV
The department shall, after hearing, deter-
mine what territorial limits will be included
within the commercial area adjacent to the
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F†@
825.236>)RUPHUO\UHSHDOHGE\
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(Local Cartage of Household Goods)
825.240 Inapplicability of certain regu-
latory statutes to local cartage activities;
application for authority; rules. (1) The
SURYLVLRQVRI256
WKHGHSDUWPHQWÀQGVWKDWWKHDSSOLFDQWKDV
HQJDJHGLQTXDOLÀHGRSHUDWLRQVLQWKHDUHDWKH
GHSDUWPHQWVKDOOLVVXHDQDSSURSULDWHFHUWLÀ-
cate authorizing the carrier to provide service
ZLWKLQWKHDUHD$SSOLFDQWVPD\FRQWLQXHWR
provide service pending the department’s deci-
VLRQRQWKHDSSOLFDWLRQ>)RUPHUO\@
825.245>F†UHSHDOHGE\
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825.246>F†UHSHDOHGE\
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(Intrastate Transportation
of Household Goods)
825.247 Imposition of fee on certain
household goods carriers; penalty for
nonpayment; rules. (1) The Department
of Transportation may impose an annual fee
in an amount determined under subsection
DQG  H[FHSW IRU 256  
(3) and (4), do not apply to for-hire carriers
of household goods who are engaged in local
cartage of property within areas designated in
rules adopted by the Department of Transpor-
WDWLRQ7KHGHSDUWPHQWVKDOOGHVLJQDWHDORFDO
cartage area as exempt from economic regu-
ODWLRQLIWKHGHSDUWPHQWÀQGVIURPWKHUHFRUG
DQGHYLGHQFHLQDUXOHPDNLQJSURFHHGLQJWKDW GD\VSULRUWRWKHGXHGDWH
(a) The gross revenue derived from local
cartage of household goods in the designated
cartage area by carriers does not exceed
$100,000 a year;
(b) The population of the affected city or
cartage area is less than 10,000;
(c) The incorporated city or designated
cartage area is not an essential part of a
(2) of this section on each for-hire carrier of
household goods to defray the costs to the
department of regulating persons offering
or providing intrastate transportation of
KRXVHKROGJRRGVZLWKRXWDFHUWLÀFDWH7KH
department shall establish the due date of
the fee by rule and shall give notice to each
for-hire carrier of household goods at least 15
(2) The fee imposed under this section on
HDFKFDUULHUPD\QRWH[FHHGSHUFHQWRIWKH
carrier’s gross operating revenue derived from
transportation of household goods within this
state in the prior calendar year, except that
WKHIHHPD\QRWEHOHVVWKDQ$IRUKLUH
FDUULHURIKRXVHKROGJRRGVLQLWVÀUVW\HDURI
RSHUDWLRQVKDOOSD\DIHHRI

3DJH (2015 Edition)

 02725&$55,(56
(3) The fee imposed under this section is
in addition to any other fee prescribed in this
FKDSWHUIRUIRUKLUHFDUULHUVRIKRXVHKROGJRRGV
(4) A for-hire carrier of household goods shall
submit with the fee required by this section
DVWDWHPHQWYHULÀHGE\WKHFDUULHUVKRZLQJ
the gross operating revenues of the carrier
derived from transportation of household goods
ZLWKLQWKLVVWDWHLQWKHSULRUFDOHQGDU\HDU
 
of Transportation shall, after public notice and
hearing, adopt rules that require for-hire and
SULYDWHFDUULHUVWR
(a) Protect and safeguard the health and
safety of all employees, passengers and the
public by prescribing the limit of hours that
drivers or operators of motor vehicles may
remain on duty at any time and the required
QXPEHURIKRXUVUHOHDVHGIURPGXW\
The department shall prescribe the form for
the statement and the information that must
be included and may audit the forms at any
WLPH7KHGHSDUWPHQWPD\UHIXQGDQ\RYHU-
payment of the fee in the same manner as the
department refunds other moneys collected
IURPPRWRUFDUULHUV
(5) A for-hire carrier of household goods that
fails to pay the fee required by this section
by the due date shall be subject to suspension
 E(VWDEOLVKPLQLPXPTXDOLÀFDWLRQVIRU
persons who drive motor vehicles, as, for, or
RQEHKDOIRIWKHFDUULHU
(c) Meet and maintain minimum require-
ments established by the department for safety
of operations and equipment of motor vehicles
VXEMHFWWRWKHLURSHUDWLRQVDQGFRQWURO
(2) Venue for prosecution for the violation of
UXOHVDGRSWHGXQGHUWKLVVHFWLRQOLHV
XQGHU256>F†F  D,QWKHFRXQW\LQZKLFKWKHGHIHQGDQW
†@ resides if the defendant is a resident of this
VWDWH
(Safety Regulation)
825.248 Annual commercial motor
vehicle safety plan. (1) The Department
of Transportation shall develop an annual
FRPPHUFLDOPRWRUYHKLFOHVDIHW\SODQ7KH
goal of the plan is to reduce accidents involv-
ing commercial motor vehicles and to reduce
injuries and fatalities resulting from accidents
LQYROYLQJFRPPHUFLDOPRWRUYHKLFOHV7KHSUL-
ority for each year’s plan shall be determined
RQWKHEDVLVRIDFFXUDWHDQGWLPHO\GDWD7KH
department shall use performance measures
to determine the success of an annual plan and
WRGHYHORSWKHVXEVHTXHQWSODQ
 E,QWKHFRXQW\ZKHUHWKHYLRODWLRQZDV
committed if the defendant is not a resident
RIWKLVVWDWH
(3) The department may revoke the cer-
WLÀFDWHRUSHUPLWRIDQ\SHUVRQIRUUHSHDWHG
violation of the laws or rules governing hours
RIVHUYLFH
(4) The rules promulgated under subsection
(1) of this section should provide for uniformity
between state and federal motor carrier safety
and hours of service rules insofar as practica-
EOH>)RUPHUO\@
825.254 Limitation on movement of
 ,QFRQGXFWLQJLQVSHFWLRQVGHVFULEHGLQ
256DSHUVRQZKRLVWUDLQHGDQGFHU-
WLÀHGDVDFRPPHUFLDOYHKLFOHLQVSHFWRUXQGHU
256VKDOODGKHUHWRWKHSURYLVLRQV
of the commercial motor vehicle safety plan
vehicles to particular days of week; rules.
([FHSWDVSURYLGHGLQWKLVVHFWLRQWKH'HSDUW-
ment of Transportation shall not adopt rules
limiting the movement of vehicles that are sub-
ject to regulation under this chapter to any
GHYHORSHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
>F†D@
825.250 Stop for inspection. (1) An
authorized representative of the Department
of Transportation may require a person driv-
ing a vehicle or combination of vehicles subject
to regulation by the department on a street
or highway to stop and submit to an inspec-
tion of the driver, the cargo or the vehicle or
combination of vehicles at any location where
representatives of the department are con-
ducting tests and inspections when signs are
GLVSOD\HGUHTXLULQJVXFKVWRS
(2) As used in this section, “authorized
UHSUHVHQWDWLYHµPHDQVDFLW\FRXQW\RUVWDWH
HPSOR\HHZKRKDVEHHQWUDLQHGDQGFHUWLÀHG
by the department as a commercial vehi-
cle inspector and who is employed either by
the department or by an agency that has an
agreement with the department to provide
inspections of commercial vehicles, drivers,
JHQHUDOFDUJRRUKD]DUGRXVPDWHULDOV>)RU-
PHUO\@
825.252 Safety regulations relating to
drivers or operators; uniformity with fed-
eral regulations; rules. (1) The Department
Page 487
SDUWLFXODUGD\VRIWKHZHHN7KHGHSDUWPHQW
may adopt rules described under this section
LI
(1) The rules are recommended by the Super-
intendent of State Police; and
(2) The department determines that the
rules are required to protect the interest and
VDIHW\RIWKHJHQHUDOSXEOLF>)RUPHUO\@
825.256 Rules for transportation of
infectious waste. The Department of Trans-
portation may establish rules governing the
conditions for transportation of infectious
waste that is not an incidental part of other
VROLGZDVWH7KHUXOHVPD\UHTXLUHSHUVRQV
transporting infectious waste for consideration
to register separately with the Department
of Transportation as an infectious waste
transporter and may specify the terms of that
registration, including a fee for such registra-
WLRQ7KH'HSDUWPHQWRI7UDQVSRUWDWLRQPD\
require that persons transporting infectious
waste for consideration document the county
DQGVWDWHRIRULJLQRIWKHZDVWH$VXVHGLQWKLV
VHFWLRQ´LQIHFWLRXVZDVWHµKDVWKHPHDQLQJ
JLYHQLQ256>)RUPHUO\@
(2015 Edition)
 OREGON VEHICLE CODE
825.258 Rules for transportation of haz-
ardous waste, hazardous material and
PCB; civil penalty. (1) The Department of
Transportation shall adopt rules that con-
form to any applicable federal rules setting
standards for the safe transportation of haz-
DUGRXVZDVWHKD]DUGRXVPDWHULDODQG3&%
The rules shall be applicable to any person
who transports, or causes to be transported,
DQ\KD]DUGRXVPDWHULDO
process, summons or notices in any action,
suit or proceeding against each motor carrier
residing or having its principal place of busi-
ness outside this state may be served, when
such action, suit or proceeding is caused by or
relates to the operation of motor vehicles of or
E\VXFKFDUULHUZLWKLQWKHVWDWH
(2) The service of process, summons or notice
upon such carrier may be made by leaving a
copy thereof, together with a copy of the com-
 7KHDXWKRULW\JUDQWHGXQGHUWKLVVHFWLRQ SODLQWRURUGHULQWKHRIÀFHRIWKHGHSDUWPHQW
 D,VLQDGGLWLRQWRDQ\RWKHUDXWKRULW\
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(b) Does not supersede the authority of the
(QHUJ\)DFLOLW\6LWLQJ&RXQFLOWRUHJXODWHWKH
transportation of radioactive materials under
256WRDQG

The department shall forthwith notify such
carrier of such service by letter directed to it
at its residence or place of business as shown
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825.304 Vehicle owner to be made party
WRFHUWLÀFDWHRUSHUPLWHQIRUFHPHQWSUR-
ceedings; dismissal of charges against
 ,QDGGLWLRQWRDQ\RWKHUSHQDOW\IRUYLR-
lation of a rule adopted under this section, the
department, after hearing, may impose a civil
penalty of not more than $10,000 for violation
RIDUXOHDGRSWHGXQGHUWKLVVHFWLRQ(DFKGD\
of noncompliance with a rule is a separate vio-
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825.260 Impoundment of vehicles
driver. ,QDQ\SURVHFXWLRQIRUDQ\YLRODWLRQ
RI256RURIDQ\GULYHUZKRLV
employed by the owner or lessee of the vehicle
involved in the violation to operate the vehicle,
the court shall make the owner or lessee of the
vehicle a codefendant if appearance has not
been made by the driver within 15 days of the
GDWHWKHGULYHUZDVFLWHGWRDSSHDULQFRXUW
unlawfully transporting hazardous  ,ILWLVIRXQGWKDWWKHRZQHURUOHVVHH
wastes or substances. ,QDGGLWLRQWR
any other enforcement measure allowed, if a
SHUVRQYLRODWHVWKHSURYLVLRQVRI256
RURUUXOHVDGRSWHGE\WKH'HSDUW-
PHQWRI7UDQVSRUWDWLRQXQGHU256
RUWKHGHSDUWPHQWPD\LPSRXQGWKH
person’s vehicle transporting, about to trans-
port or that has transported hazardous waste,
3&%RUKD]DUGRXVVXEVWDQFHZLWKLQWKHVWDWH
The department may charge a reasonable fee
for the costs of impoundment and storage, if
DQ\EHIRUHUHOHDVLQJDQ\YHKLFOHWRLWVRZQHU year, unless additional time is granted, every
caused or permitted the driver to operate the
YHKLFOHLQYLRODWLRQRI256RU
and if the owner or lessee is found guilty of
violating any of those provisions, the court
PD\GLVPLVVWKHFKDUJHVDJDLQVWWKHGULYHU
>)RUPHUO\@
(Reports, Records and Funds)
825.320 Carrier’s annual report to
department. On or before April 1 of each
FHUWLÀFDWHGPRWRUFDUULHUVKDOOÀOHZLWKWKH
 $VXVHGLQWKLVVHFWLRQDQG256 Department of Transportation a report, ver-
 D ´+D]DUGRXV VXEVWDQFHµ LQFOXGHV DQ\ LÀHG XQGHU RDWK E\ LWV FKLHI RIÀFHU DJHQW
substance defined by the department as or owner, in such form and containing such
KD]DUGRXV information as the department shall prescribe,
covering the year ending December 31 next
 E´+D]DUGRXVZDVWHµKDVWKHPHDQLQJ SUHFHGLQJ>)RUPHUO\@
JLYHQWKDWWHUPLQ256
825.322 Disclosure of hazardous waste
 F´3&%µKDVWKHPHDQLQJJLYHQWKDWWHUP transportation reports and information
LQ 256  ZKHQ WKH 3&% LV D ZDVWH to Environmental Protection Agency.
product of an industrial, commercial or other Records, reports and information obtained or
DFWLYLW\>)RUPHUO\@ used by the Department of Transportation in
administering the hazardous waste program
(Enforcement) XQGHU256VKDOOEHDYDLODEOHWRWKH
825.300 Utilization of state police in 8QLWHG 6WDWHV (QYLURQPHQWDO 3URWHFWLRQ
enforcing chapter. The Department of $JHQF\XSRQUHTXHVW,IWKHUHFRUGVUHSRUWVRU
Transportation shall call upon the state police information has been submitted to the depart-
for all police service or police assistance nec- PHQWXQGHUDFODLPRIFRQÀGHQWLDOLW\WKHVWDWH
HVVDU\IRUWKHSURSHUDQGHIÀFLHQWSROLFLQJRI VKDOOPDNHWKDWFODLPRIFRQÀGHQWLDOLW\WR
FDUULHUVRSHUDWLQJXQGHUWKLVFKDSWHU7KH WKH(QYLURQPHQWDO3URWHFWLRQ$JHQF\IRUWKH
department and the state police shall cooperate UHTXHVWHGUHFRUGVUHSRUWVRULQIRUPDWLRQ7KH
in the enforcement of this chapter to the end federal agency shall treat the records, reports
that there may be no duplication of service or RULQIRUPDWLRQWKDWLVVXEMHFWWRWKHFRQÀGHQWL-
H[SHQVH>)RUPHUO\@ DOLW\FODLPDVFRQÀGHQWLDOLQDFFRUGDQFHZLWK
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825.302 Service of process on nonresi-
dent carrier by serving the department. 825.324>)RUPHUO\UHSHDOHGE\
(1) The Department of Transportation is F†@
the true and lawful attorney upon whom all

Page 488 (2015 Edition)

 02725&$55,(56
825.325 Intrastate for-hire carrier of
household goods required to obtain and
retain criminal background check; rules.
An authorized intrastate for-hire carrier of
household goods shall obtain and retain for a
period of at least three years a criminal back-
ground check of each employee whose duties
may require contact with the public or entry
into a private residence or storage facility
for the purpose of providing or facilitating
WKHWUDQVSRUWDWLRQRIKRXVHKROGJRRGV7KH
department shall adopt rules for conducting
the criminal background check required and
may prohibit an employee’s activities based on
 
the 25th day of such month, after deducting
sums disbursed by warrants drawn on the
0RWRU&DUULHU$FFRXQWXQGHU256
The department shall thereupon transfer the
EDODQFHWRWKH6WDWH+LJKZD\)XQG>)RUPHUO\
F†@
825.330 Restrictions on use of funds. No
part of the funds produced by this chapter shall
be used by the Department of Transportation
GLUHFWO\RULQGLUHFWO\
(1) For the purpose of investigating the
rules, charges, practice or service of any car-
ULHUE\UDLO
WKHUHVXOWRIWKHFULPLQDOEDFNJURXQGFKHFN  ,QWKHDGPLQLVWUDWLRQRUHQIRUFHPHQWRI
>F†@ DQ\ODZRUDXWKRULW\RYHUDQ\FDUULHUE\UDLO
825.326 Motor Carrier Account; Con- (3) To investigate motor carriers beyond the
sumer Protection Household Moves DSSURSULDWLRQPDGHLQWKLVFKDSWHU>)RUPHUO\
Account. ([FHSWDVSURYLGHGLQVXEVHF-
tion (2) of this section, all fees, taxes, charges
and other sums collected by the Department
of Transportation under this chapter shall
be paid into the State Treasury and shall be
placed to the credit of an account, separate and
distinct from the General Fund, to be known
DVWKH0RWRU&DUULHU$FFRXQW,QWHUHVWHDUQHG
E\WKHDFFRXQWVKDOOEHFUHGLWHGWRWKHDFFRXQW
F†@
(Miscellaneous)
825.350 Voluntary commuter ride-
sharing arrangement not to be taxed or
licensed by local government. (1) A county,
city or other municipal corporation may not
impose a tax on, or require a license for, a vol-
 1RWZLWKVWDQGLQJ256DOOIHHV
FROOHFWHGXQGHU256DQGDOOSHQDO-
WLHVFROOHFWHGXQGHU256IRURIIHULQJ
to transport or transporting household goods
ZLWKRXWDFHUWLÀFDWHVKDOOEHSDLGLQWRWKH6WDWH
Treasury and shall be placed to the credit of
an account, separate and distinct from the
General Fund, to be known as the Consumer
3URWHFWLRQ+RXVHKROG0RYHV$FFRXQW,QWHU-
est earned by the account shall be credited
WR WKH DFFRXQW 0RQH\V LQ WKH DFFRXQW DUH
continuously appropriated to the department
untary commuter ridesharing arrangement
using a motor vehicle with a seating capacity
IRUQRWPRUHWKDQSHUVRQV
(2) For the purposes of this section, “volun-
WDU\FRPPXWHUULGHVKDULQJDUUDQJHPHQWµKDV
WKHPHDQLQJJLYHQWKDWWHUPLQ256
>)RUPHUO\F†@
825.352 Advertising requirements for
carriers of household goods. A carrier
that transports household goods shall include
WKHFDUULHU·VFHUWLÀFDWHQXPEHULQDOOQHZV-
IRUSXUSRVHVVSHFLÀHGLQVXEVHFWLRQRIWKLV
VHFWLRQ
(3) The department may purchase the neces-
sary supplies and equipment and provide for all
necessary and incidental expenses incurred by
the department in administering and enforcing
WKLVFKDSWHU
(4) All claims, duly approved by the depart-
ment, that have been incurred in pursuance
of law, shall be paid by warrants drawn in the
manner provided by law, payable out of the
Motor Carrier Account or the Consumer Pro-
WHFWLRQ+RXVHKROG0RYHV$FFRXQW
(5) Moneys in the Consumer Protection
Household Moves Account shall be used by the
department exclusively for administration and
enforcement of provisions of this chapter relat-
ing to persons that offer to provide or provide
transportation of household goods without a
FHUWLÀFDWH>)RUPHUO\F†
F†@
825.328 Monthly transfer of Motor Car-
rier Account surplus to State Highway
Fund. On the last day of each month the
Department of Transportation shall identify
WKHEDODQFHRIDOOPRQH\LQH[FHVVRIVXIÀFLHQW
working capital to accommodate the depart-
ment’s operating needs remaining in the Motor
Carrier Account as of the close of business on
Page 489
SULQWFODVVLÀHGDGYHUWLVLQJQHZVSULQWGLVSOD\
DGYHUWLVLQJ,QWHUQHWDGYHUWLVLQJDQGWHOHSKRQH
directory advertising prepared by or at the
GLUHFWLRQRUUHTXHVWRIWKHFDUULHU>)RUPHUO\
F†@
825.354 Appointment of agents to
issue passes, collect fees and taxes. The
Department of Transportation may appoint
agents to issue temporary passes provided
LQ256DQGWRFROOHFWDQ\IHHVDQG
WD[HVUHTXLUHGE\WKLVFKDSWHU7KHGHSDUWPHQW
shall prescribe the duties and compensation
of such agents and may require them to give
bonds or irrevocable letters of credit issued
E\DQLQVXUHGLQVWLWXWLRQDVGHÀQHGLQ256
LQVXFKDPRXQWDVWKHGHSDUWPHQW
determines appropriate, conditioned upon the
IDLWKIXOSHUIRUPDQFHRIWKHLUGXWLHV>)RUPHUO\
F†F†@
825.356 Courts to forward copies of
record on conviction for violation of
chapter. The courts having jurisdiction of this
chapter shall, upon a conviction of anyone for
violation of this chapter, immediately forward
a copy of the record of such conviction to the
RIÀFHRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
>)RUPHUO\@
(2015 Edition)
 OREGON VEHICLE CODE

MOTOR CARRIER DRUG AND ALCOHOL

EDUCATION PROGRAM TESTING PROGRAM
825.400 Rules for establishment of 825.410 Drug and alcohol testing pro-
motor carrier education program; con-
tents of program. The Department of
Transportation shall adopt rules to establish
a program for the education of motor carri-
ers that covers, at a minimum, safety, weight
mile tax and insurance and size and weight
gram; report of positive test. (YHU\
PRWRUFDUULHUPXVW
(a) Have an in-house drug and alcohol
testing program that meets the federal require-
PHQWVRI&)5SDUWRU
UHJXODWLRQVDGPLQLVWHUHGE\WKHGHSDUWPHQW  E%HDPHPEHURIDFRQVRUWLXPDVGHÀQHG
>)RUPHUO\F†@ LQ&)5WKDWSURYLGHVWHVWLQJWKDW
PHHWVWKHIHGHUDOUHTXLUHPHQWV
825.402 Participation in program. (1)
([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
section, all motor carriers that are domiciled in
2UHJRQDQGWKDWUHFHLYHDFHUWLÀFDWHRUSHUPLW
from the Department of Transportation for
WKHÀUVWWLPHRQRUDIWHU-XO\VKDOO
participate in the program established under
256
(2) A motor carrier required by subsection
(1) of this section to participate in the pro-
gram must do so within 90 days of the date on
(2) At the time of registration or renewal of
registration of a commercial vehicle or a com-
mercial motor vehicle under any provision of
256FKDSWHURUDPRWRUFDUULHUPXVW
certify to the Department of Transportation
that the carrier is in compliance with sub-
section (1) of this section and, if the carrier
belongs to a consortium, must provide the
department with the names of persons who
RSHUDWHWKHFRQVRUWLXP
ZKLFKLWUHFHLYHVDFHUWLÀFDWHRUSHUPLWIURP  :KHQDPHGLFDOUHYLHZRIÀFHURIDPRWRU
WKHGHSDUWPHQW carrier’s testing program or of the consortium
the carrier belongs to determines that a posi-
 ,QDGGLWLRQWRPRWRUFDUULHUVUHTXLUHGWR WLYHWHVWUHVXOWLVYDOLGWKHRIÀFHUPXVWUHSRUW
participate in the program established under WKHÀQGLQJWRWKHGHSDUWPHQW>F†@
256WKHGHSDUWPHQWPD\UHTXLUH
SDUWLFLSDWLRQE\DQ\PRWRUFDUULHUWKDW 825.412 Hearing regarding test results;
rules; entry on employment driving
(a) Has underpaid its tax obligation for the record. (1) When the Department of Trans-
use of the highways by 15 percent or more; SRUWDWLRQUHFHLYHVDUHSRUWXQGHU256
 E([FHHGVE\PRUHWKDQSHUFHQWLQD
one-year period, the industry average for out-
of-service violations for vehicle inspection or
for accidents per mile; or
(c) Receives, in a one-year period, two or
more citations for being 10,000 pounds or more
RYHUZHLJKW
(4) Subsection (1) of this section does not
DSSO\WRDFDUULHUUHFHLYLQJDFHUWLÀFDWHRU
SHUPLWIRUWKHÀUVWWLPHRQRUDIWHU-XO\
1990, if the carrier is a successor in interest
WRDFDUULHUWKDWKHOGDFHUWLÀFDWHRUSHUPLW
SULRUWRWKDWGDWH
(5) Rules adopted by the department under
256VKDOOUHTXLUHHDFKPRWRUFDU-
rier participating in the program to have at
least one person having a substantial inter-
est or control, directly or indirectly, in or over
the operations conducted or to be conducted
the department shall notify the person who is
the subject of the report that the person has
a right to a hearing to determine whether the
WHVWUHVXOWVUHSRUWHGXQGHU256ZLOO
be placed on the person’s employment driving
UHFRUG
(2) The notice shall inform the person of the
procedure for requesting a hearing, including
but not limited to the time in which a hearing
must be requested and the manner of making
WKHUHTXHVW
(3) A hearing under this section shall be
OLPLWHGWRWKHIROORZLQJLVVXHV
(a) Whether the person named in the report
LVWKHSHUVRQZKRWRRNWKHWHVW
(b) Whether the motor carrier or consortium
has a program that meets the requirements of
256
XQGHUWKHFHUWLÀFDWHRUSHUPLWLVVXHGWRWKH  F :KHWKHU WKH PHGLFDO UHYLHZ RIÀFHU
PRWRUFDUULHUSDUWLFLSDWHLQWKHSURJUDP1R making the report correctly followed the pro-
rule shall require the participation of a motor cedures for testing established by the motor
carrier more than one time except for motor FDUULHURUFRQVRUWLXP
carriers required to participate under subsec-  ,IWKHDGPLQLVWUDWLYHODZMXGJHGHWHU-
WLRQRIWKLVVHFWLRQ>)RUPHUO\
F†@
825.404 Fee for program. The Depart-
ment of Transportation shall assess a fee to
defray the cost of the program, but the fee shall
QRWH[FHHG>)RUPHUO\@
Page 490
mines that the person is the person named in
the report, that the motor carrier or consor-
tium has a program meeting the requirements
RI256DQGWKDWWKHPHGLFDOUHYLHZ
RIÀFHUIROORZHGHVWDEOLVKHGSURFHGXUHVWKH
administrative law judge shall order the
positive test result to be entered into the
HPSOR\PHQWGULYLQJUHFRUGRIWKHSHUVRQ
(5) The department shall adopt rules spec-
ifying requirements for requesting a hearing
XQGHUWKLVVHFWLRQ
(2015 Edition)
 02725&$55,(56  

 ,IDKHDULQJLVQRWUHTXHVWHGZLWKLQWKH
time limit established by rule, or if the person
does not appear at a hearing, the department
shall place the information about the positive
test result on the employment driving record
RIWKHSHUVRQ
(7) The department may not be held civilly
liable for any damage resulting from placing
information about a drug test result on the
employment driving record as required by
this section or for any damage resulting from
release of the information by the department
WKDWRFFXUVLQWKHQRUPDOFRXUVHRIEXVLQHVV
>F†F†@
NoteZDVDGGHGWRDQGPDGHD
part of the Oregon Vehicle Code by legislative
to determine whether the test results reported
XQGHU256ZLOOEHSODFHGRQWKHSHU-
VRQ·VHPSOR\PHQWGULYLQJUHFRUG
(2) The notice shall inform the person of the
procedure for requesting a hearing, including
but not limited to the time in which a hearing
must be requested and the manner of making
WKHUHTXHVW
(3) A hearing under this section shall be
OLPLWHGWRWKHIROORZLQJLVVXHV
(a) Whether the person named in the report
LVWKHSHUVRQZKRWRRNWKHWHVW
(b) Whether the school transportation pro-
vider or consortium has a program that meets
WKHUHTXLUHPHQWVRI256
action but was not added to or made a part of  F :KHWKHU WKH PHGLFDO UHYLHZ RIÀFHU
256FKDSWHURUDQ\VHULHVWKHUHLQ6HH making the report correctly followed the pro-
Preface to Oregon Revised Statutes for further cedures for testing established by the school
H[SODQDWLRQ WUDQVSRUWDWLRQSURYLGHURUFRQVRUWLXP
825.415 Drug and alcohol testing;
school transportation provider. (1) As
XVHGLQWKLVVHFWLRQDQG256´VFKRRO
WUDQVSRUWDWLRQSURYLGHUµPHDQVDVFKRROGLV-
trict or a school district contractor that uses
VFKRROEXVHVRUVFKRRODFWLYLW\YHKLFOHVIRU WKHPHGLFDOUHYLHZRIÀFHUIROORZHGHVWDEOLVKHG
(a) The transportation of students or school
personnel to or from school or school-related
activities; or
(b) Public transportation purposes as pro-
YLGHGLQ256
 ,IWKHDGPLQLVWUDWLYHODZMXGJHGHWHU-
mines that the person is the person named
in the report, that the school transportation
provider or consortium has a program meet-
LQJWKHUHTXLUHPHQWVRI256DQGWKDW
procedures, the administrative law judge shall
order the positive test result to be entered into
WKHHPSOR\PHQWGULYLQJUHFRUGRIWKHSHUVRQ
(5) The department shall adopt rules spec-
ifying requirements for requesting a hearing
XQGHUWKLVVHFWLRQ
 (YHU\VFKRROWUDQVSRUWDWLRQSURYLGHU
VKDOO  ,IDKHDULQJLVQRWUHTXHVWHGZLWKLQWKH
time limit established by rule, or if the person
(a) Have an in-house drug and alcohol does not appear at a hearing, the department
testing program that meets the federal require- shall place the information about the positive
PHQWVRI&)5SDUWRU test result on the employment driving record
 E%HDPHPEHURIDFRQVRUWLXPDVGHÀQHG RIWKHSHUVRQ
LQ&)5WKDWSURYLGHVWHVWLQJWKDW (7) The department may not be held civilly
PHHWVWKHIHGHUDOUHTXLUHPHQWV liable for any damage resulting from placing
 (DFKFDOHQGDU\HDUDVFKRROWUDQVSRUWD-
tion provider shall certify to the Department
RI(GXFDWLRQWKDWWKHSURYLGHULVLQFRPSOLDQFH
with subsection (2) of this section and, if the
provider belongs to a consortium, shall provide
the department with the names of persons who
RSHUDWHWKHFRQVRUWLXP
information about a drug test result on the
employment driving record as required by
this section or for any damage resulting from
release of the information by the department
WKDWRFFXUVLQWKHQRUPDOFRXUVHRIEXVLQHVV
>F†@
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 :KHQDPHGLFDOUHYLHZRIÀFHURIDVFKRRO
transportation provider’s testing program or of
the consortium the provider belongs to deter- WEIGHT-MILE TAX
mines that a positive test result is valid, the
RIÀFHUVKDOOUHSRUWWKHÀQGLQJWRWKH'HSDUW- 5HFHLSWVDQG,GHQWLÀFDWLRQ'HYLFHV
ment of Transportation and to the Department 825.450 Weight receipt; fee; period of
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and made a part of the Oregon Vehicle Code
by legislative action but were not added to
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Preface to Oregon Revised Statutes for further
H[SODQDWLRQ
825.418 Hearing regarding test results
under ORS 825.415; rules. (1) When the
Department of Transportation receives a
UHSRUWXQGHU256WKHGHSDUWPHQW
shall notify the person who is the subject of the
report that the person has a right to a hearing
Page 491
validity; rules. ([FHSWDVRWKHUZLVHSHU-
PLWWHGXQGHU256WKH'HSDUWPHQW
of Transportation shall issue a receipt stating
the combined weight of each self-propelled or
motor-driven vehicle and any train or combi-
QDWLRQRIYHKLFOHVWREHXVHGWKHUHZLWK
(2) A person may not load any motor vehicle
in excess of its combined weight permit rating
thus determined except as variations may nec-
HVVDULO\UHVXOWLQSDVVHQJHUORDGLQJ$IHHRI
$8 shall be paid to the department for each
ZHLJKWUHFHLSWLVVXHG
(2015 Edition)
 OREGON VEHICLE CODE

(3) Receipts issued under this section shall
EHYDOLGIURPWKHÀUVWGD\RIDQ\FDOHQGDU
quarter to the last day of the fourth consecutive
FDOHQGDUTXDUWHU(DFKFDUULHUPD\VHOHFWWKH
calendar quarter in which the period will begin
except that, if necessary for administrative
convenience, the department may require a
carrier to adopt a starting date chosen by the
825.472 Determination of filing of
reports or payments. (1) Any report or
payment transmitted through the United
6WDWHVPDLOWKDWLVUHTXLUHGWREHÀOHGZLWK
the Department of Transportation by ORS

DQGVKDOO
EHFRQVLGHUHGÀOHG
GHSDUWPHQW
(4) All vehicles operating under the carrier’s
authority shall have the same four-quarter
SHULRGRIUHFHLSWYDOLGLW\7KHGHSDUWPHQWPD\
allow a carrier to operate with expired receipts
for up to one extra quarter if the renewal appli-
cation has been submitted and the required
fees have been paid on or before the last day of
WKHSHULRGRIYDOLGLW\RIWKHUHFHLSW7KHH[WHQ-
sion of time allowed by this subsection shall
be granted only if the department determines
that the extension is necessary for the admin-
LVWUDWLYHFRQYHQLHQFHRIWKHGHSDUWPHQW
 D2QWKHGDWHVKRZQE\WKHSRVWRIÀFH
cancellation mark on the envelope or wrapper
FRQWDLQLQJVXFKUHSRUWRUSD\PHQW
(b) On the date such report or payment was
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the envelope or wrapper containing the report
or payment is omitted or is not legible or if
the report or payment is not received by the
department and if the sender establishes to the
satisfaction of the department that the report
or payment was deposited in the United States
PDLORQRUEHIRUHWKHGDWHGXHIRUÀOLQJ
(5) The department may adopt rules nec-
essary to administer the provisions of this
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825.452 Initial registration period. ,Q
order to facilitate the registration issuance
and registration renewal processes, when a
FDUULHULQLWLDOO\UHJLVWHUVXQGHU256
RUWKH'HSDUWPHQWRI7UDQVSRUWD-
tion may assign a registration period ranging
IURPWKUHHWRPRQWKV,QLWLDOIHHVVKDOOEH
DGMXVWHGDFFRUGLQJO\>F†F
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 ,IWKHGDWHIRUÀOLQJDQ\UHSRUWRUSD\-
PHQWUHTXLUHGWREHÀOHGZLWKWKHGHSDUWPHQW
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(3) Notwithstanding the provisions of
subsection (1)(a) of this section, a report or
SD\PHQWWKDWLVUHTXLUHGWREHÀOHGZLWKWKH
GHSDUWPHQWE\256

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FHUWLÀFDWHRUSHUPLWLVVXVSHQGHGXQGHU256
 ,GHQWLÀFDWLRQGHYLFHVDSSOL-
cations; fees. (1) The Department of
Transportation, in the discretion of the depart-
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devices, such as cab cards, stamps or carrier
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825.474 Motor carrier tax for use of
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ried with or placed upon each motor vehicle
authorized to be operated in Oregon subject
WRWKHSURYLVLRQVRIWKLVFKDSWHU7KHIRUPRI
DQ\LGHQWLÀFDWLRQGHYLFHDQGWKHPHWKRGIRULWV
XVHVKDOOEHGHWHUPLQHGE\WKHGHSDUWPHQW
(2) Notwithstanding any other provision
in this chapter, the department may require
DSSOLFDWLRQVIRULGHQWLÀFDWLRQGHYLFHVWREH
made annually and may require each carrier
holding or obtaining a permit under this chap-
ter to pay to the department a fee of not to
exceed $8 for each device issued on an annual
EDVLV>)RUPHUO\F†
highways. ,QDGGLWLRQWRRWKHUIHHVDQG
taxes imposed by law upon carriers, there
shall be assessed against and collected from
every carrier a tax for the use of the highways,
to apply to the cost of administration of this
chapter and for the maintenance, operation,
construction and reconstruction of public
KLJKZD\V
(2) The tax rate which shall apply to each
motor vehicle shall be based upon the declared
combined weight of the motor vehicle and in
accordance with the weight group tax rates as
VKRZQLQWKHWDEOHVVHWIRUWKLQ256
F†@  )RUWKHSXUSRVHRIFRPSXWLQJWKHWD[GXH
(Taxes and Fees)  D7DEOH´$µDSSOLHVWRPRWRUYHKLFOHVVXEMHFW
to the tax imposed by this section that are not
 7HPSRUDU\SDVVIHHVUXOHV issued an annual variance permit under ORS
For single trip or short-time operation not DWRFWRRSHUDWHZLWKDFRPELQHG
exceeding 10 days of a vehicle subject to the ZHLJKWRIPRUHWKDQSRXQGV
provisions of this chapter, the Department of
Transportation may issue a temporary pass  E7DEOH´%µDSSOLHVWRPRWRUYHKLFOHVVXE-
LGHQWLI\LQJWKHPRWRUYHKLFOH)RUWKLVSDVVD ject to the tax imposed by this section that
IHHRIIRUHDFKPRWRUYHKLFOHVKDOOEHSDLG are issued or required to obtain an annual
(2) The department may adopt rules nec-
essary to administer the provisions of this
VHFWLRQ>)RUPHUO\F†
F†@
YDULDQFHSHUPLWXQGHU256DWR
(c) to operate with a combined weight of more
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(c) The declared combined weight shall
EHWKHFRPELQHGZHLJKWDVGHÀQHGLQ256

Page 492 (2015 Edition)

 02725&$55,(56  

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DSSURYDOE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
 WR  
 G,QDGGLWLRQWRDQ\WD[GXHXQGHUWKLV
chapter, motor vehicles that exceed the maxi-  WR  
mum vehicle weight limits for annual variance  WR  
SHUPLWVXQGHU256DWRFDUH
subject to the road use assessment fee imposed
XQGHU256IRUWKHHQWLUHPRWRUYHKLFOH
weight, minus the road use assessment fee for
the maximum vehicle weight allowed under the
DQQXDOYDULDQFHSHUPLW
(4) The tax for each motor vehicle when table
´$µRU´%µLVXVHGVKDOOEHFRPSXWHGE\PXOWL-
plying the extreme mileage of travel in Oregon
by the appropriate weight group tax rate as it
DSSHDUVLQWKHWDEOH>)RUPHUO\@
825.475 Exemption from motor carrier
tax and fuel tax. Notwithstanding ORS
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ating a motor vehicle with a combined weight
RISRXQGVRUPRUHLVQRWUHTXLUHGWR
pay the weight-mile tax imposed under ORS
 RU IXHO WD[HV LPSRVHG XQGHU 256
DQGLI
(1) The person is not operating as a for-hire
carrier; and
(2) The person is operating the motor vehi-
cle for the purpose of emissions research and
GHYHORSPHQWDQGWKH8QLWHG6WDWHV(QYLURQ-
mental Protection Agency has provided a
testing exemption from complying with federal
HPLVVLRQUHTXLUHPHQWV>F†@
825.476 Carrier tax tables.
___________________________________
0,/($*(7$;5$7(7$%/(´$µ
Declared Combined Fee Rates
Weight Groups Per Mile
(Pounds) (Mills)
 WR  
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$;/(:(,*+70,/($*(
7$;5$7(7$%/(´%µ
Declared Combined Number of Axles
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(Pounds) (Mills) more
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825.480 Substitute taxes for certain
 WR   vehicles. D,QOLHXRIRWKHUIHHVSURYLGHG
LQ256FDUULHUVHQJDJHGLQRSHUDWLQJ
 WR   motor vehicles in the transportation of logs,
 WR   poles, peeler cores or piling may pay annual
fees for such operation computed at the rate
 WR   RIVHYHQGROODUVDQGÀIW\QLQHFHQWVIRUHDFK
 WR   SRXQGVRIGHFODUHGFRPELQHGZHLJKW
 WR   (b) Any carrier electing to pay fees under this
method may, as to vehicles otherwise exempt
 WR   from taxation, elect to be taxed on the mileage
 WR   basis for movements of such empty vehicles
over public highways whenever operations
 WR   are for the purpose of repair, maintenance,
 WR   servicing or moving from one exempt highway
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(2) The annual fees provided in subsections
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under this method may not change an election
 WR   during the same calendar year in which the
 WR   election is made, but may be relieved from the
payment due for any month on a motor vehicle
 WR  

Page 493 (2015 Edition)

 OREGON VEHICLE CODE

ZKLFKLVQRWRSHUDWHG$FDUULHUHOHFWLQJWR
pay fees under this method shall report and
pay these fees on or before the 10th of each
PRQWKIRUWKHSUHFHGLQJPRQWK·VRSHUDWLRQV$
monthly report shall be made on all vehicles
on the annual fee basis including any vehicle
QRWRSHUDWHGIRUWKHPRQWK
DQ\DGMXVWPHQWVWRWKHÁDWIHHUDWHVWKDWWKH
department and the commission deem appro-
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Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 825 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
 D,QOLHXRIWKHIHHVSURYLGHGLQ256
WRPRWRUYHKLFOHVGHVFULEHG
LQ256ZLWKDFRPELQHGZHLJKWRIOHVV
WKDQSRXQGVWKDWDUHEHLQJRSHUDWHG
XQGHUDSHUPLWLVVXHGXQGHU256PD\
pay annual fees for such operation computed at
the rate of six dollars and twenty-three cents
for each 100 pounds of declared combined
ZHLJKW
(b) The annual fees provided in this subsec-
tion shall be paid in advance but may be paid
RQDPRQWKO\EDVLVRQRUEHIRUHWKHÀUVWGD\RI
WKHPRQWK$FDUULHUPD\EHUHOLHYHGIURPWKH
fees due for any month during which the motor
vehicle is not operated for hire if a statement
WRWKDWHIIHFWLVÀOHGZLWKWKH'HSDUWPHQWRI
7UDQVSRUWDWLRQRQRUEHIRUHWKHÀIWKGD\RIWKH
ÀUVWPRQWKIRUZKLFKUHOLHILVVRXJKW
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
825.484 Effect of carrier tax law on
other taxes; offset of fees or taxes erro-
neously paid. (1) The fees or taxes listed in
256DQGVKDOOEH
in addition to, and not in lieu of, other fees
and taxes of the state, county or municipal-
ity which may be imposed, levied, assessed or
collected against the business or property of
VXFKFDUULHU7KLVVHFWLRQGRHVQRWDXWKRUL]H
the imposition of license fees by municipal-
ities upon intercity carriers, or deprive any
city within which a passenger motor vehicle,
having a seating capacity of not more than
seven passengers, is principally operated for
hire, from imposing and collecting license fees
upon and from such motor vehicle, or the owner
 D,QOLHXRIRWKHUIHHVSURYLGHGLQ256 or operator thereof, as to such portion of its
FDUULHUVHQJDJHGLQWKHRSHUDWLRQRI operations as are wholly within the corporate
motor vehicles equipped with dump bodies and OLPLWVRIVXFKFLW\
used in the transportation of sand, gravel, rock,
dirt, debris, cinders, asphaltic concrete mix,
metallic ores and concentrates or raw nonme-
tallic products, whether crushed or otherwise,
moving from mines, pits or quarries may pay
annual fees for such operation computed at the
UDWHRIVHYHQGROODUVDQGÀIW\WKUHHFHQWVIRU
HDFKSRXQGVRIGHFODUHGFRPELQHGZHLJKW
(b) Any carrier electing to pay fees under this
method may, as to vehicles otherwise exempt
for taxation, elect to be taxed on the mileage
basis for movements of such empty vehicles
over public highways whenever operations
are for the purpose of repair, maintenance,
servicing or moving from one exempt highway
RSHUDWLRQWRDQRWKHU
 256WRGRQRWDSSO\WR
vehicles or fuels used therein when the vehicles
DUHVXEMHFWWRDQGUHSRUWDQGSD\
(a) The tax for the use of Oregon highways
based upon the combined weight of the vehi-
cle and in accordance with the weight group
UDWHVSUHVFULEHGLQ256DQG
RU
(b) The road use assessment fee required
XQGHU256
(3) When an audit of the operations of a
carrier shows that the use fuel taxes reported
and paid under ORS chapter 319 should have
been reported and paid under this chapter, or
that fees or taxes reported and paid under this
chapter should have been reported and paid
 D,QOLHXRIRWKHUIHHVSURYLGHGLQ256
FDUULHUVHQJDJHGLQRSHUDWLQJPRWRU
vehicles in the transportation of wood chips,
sawdust, barkdust, hog fuel or shavings may
pay annual fees for such operation computed at
WKHUDWHRIWKLUW\GROODUVDQGVL[W\ÀYHFHQWVIRU
HDFKSRXQGVRIGHFODUHGFRPELQHGZHLJKW
(b) Any carrier electing to pay under this
method may, as to vehicles otherwise exempt
from taxation, elect to be taxed on the mileage
basis for movement of such empty vehicles over
public highways whenever operations are for
the purpose of repair, maintenance, service or
moving from one exempt highway operation
WRDQRWKHU>)RUPHUO\F†
F†@
 5HYLHZRIÁDWIHHUDWHVThe
Department of Transportation and the Oregon
under ORS chapter 319, the fees or taxes erro-
neously reported and paid under one chapter
need not be refunded but may be considered
an offset of fees or taxes due under the other
FKDSWHU>)RUPHUO\F†@
825.486 Credit for fuel tax. Any tax paid
XQGHU256WRRUWR
RQPRWRUYHKLFOHIXHORUIXHODVGHÀQHG
LQ256HLWKHUGLUHFWO\E\WKHFROOHF-
tion of the tax by the vendor from the consumer
or indirectly by adding the amount of the tax to
the price of the fuel paid by the customer, is a
credit against the amount of tax otherwise due
DQGSD\DEOHWRWKHVWDWHXQGHU256
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this section shall be allowed when the person
claiming the credit submits to the Department
RI7UDQVSRUWDWLRQ
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each even-numbered year and shall recom-
mend to the next following odd-numbered year
regular session of the Legislative Assembly
 $UHSRUWXQGHU256RU
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(2) Satisfactory evidence along with the
report showing the amount of tax paid by

Page 494 (2015 Edition)

 02725&$55,(56  

WKHSHUVRQXQGHU256WRRU the amount of the additional assessment shall

WRGXULQJWKHSHULRGUHSRUWHG be added thereto in addition to the 10 percent
>)RUPHUO\F†@ late payment charge provided in subsection (3)
825.488 Fees required of interstate RIWKLVVHFWLRQ
carriers. A person engaged exclusively in the
conduct of interstate transportation shall cur-
rently pay to the Department of Transportation
the road tax mileage fees prescribed by ORS

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 ,IWKHDGGLWLRQDODVVHVVPHQWLPSRVHG
exceeds by more than 15 percent the amount
of taxes or fees reported or paid, a penalty of 20
percent of the amount of the additional assess-
ment shall be added thereto in addition to the
10 percent late payment charge provided in
825.490 Due date of taxes and fees; pen- VXEVHFWLRQRIWKLVVHFWLRQ
DOW\GHÀFLHQF\DVVHVVPHQWVUHIXQGRI (7) The department shall give to the person
overpayment; limitation on audit. (1) On or concerned written notice of such additional
before the last day of each month, except for the DVVHVVPHQW
WLPHRISD\PHQWSURYLGHGLQ256DQG
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the Department of Transportation the amount
of taxes and fees due from them for the pre-
FHGLQJFDOHQGDUPRQWK+RZHYHUWD[HVDQG
fees incurred after the 15th day of any month
may be reported and paid to the department
on or before the last day of the second calendar
month following the month in which the taxes
RUIHHVZHUHLQFXUUHG,IQRWD[HVRUIHHVDUH
due in any reporting period, the report shall
VRVWDWH,ISD\PHQWLVQRWPDGHRQRUEHIRUH
the date it is due, there shall be added as a late
payment charge a sum equal to 10 percent of
WKHXQSDLGDPRXQWRIWKHWD[
(2) The department may permit a person to
report and pay motor carrier taxes and fees on
a periodic basis other than the calendar-month
basis prescribed in subsection (1) of this sec-
tion, provided that the number of reporting
periods in any 12-month period is not less than
,IQRWD[HVRUIHHVDUHGXHLQDQ\UHSRUWLQJ
SHULRGWKHUHSRUWVKDOOVRVWDWH,ISD\PHQWLV
not made on or before the date it is due, there
shall be added as a late payment charge a sum
equal to 10 percent of the unpaid amount of the
WD[
(3) Whenever practicable, and in no event
later than three years after any report of taxes
RUIHHVLVÀOHGWKHGHSDUWPHQWVKDOODXGLWWKH
report if the department deems such audit
SUDFWLFDEOH,IWKHGHSDUWPHQWLVQRWVDWLV-
ÀHGZLWKWKHUHSRUWÀOHGRUDPRXQWRIWD[HV
or fees, including fees for temporary passes
UHTXLUHGXQGHU256SDLGWRWKHVWDWH
by any person, the department may, not later
WKDQWKUHH\HDUVDIWHUWKHUHSRUWZDVÀOHGRU
the taxes or fees were paid, make a proposed
assessment of additional taxes or fees due
from such person based upon any information
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added to each such assessment, as a late pay-
ment charge, a sum equal to 10 percent of the
DPRXQWRIDGGLWLRQDOWD[HVRUIHHVGXH
 ([FHSWDVSURYLGHGLQ256
the department shall refund to any person the
amount of any overpayment caused by any
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(9) Whenever the department has made an
assessment pursuant to this section that has
EHFRPHÀQDOWKHGHSDUWPHQWPD\QRWUHRSHQ
or reassess such taxes, interest or penalties
XQOHVVWKHGHSDUWPHQWLVVDWLVÀHGWKDWWKH
taxpayer fraudulently or with intent to evade
taxation destroyed, concealed or withheld any
books, accounts, papers, records or memoranda
required to be maintained by the taxpayer
pursuant to this chapter or the rules of the
GHSDUWPHQW >)RUPHUO\   F
†@
825.492 Annual and quarterly reports
authorized. (1) Whenever in the judgment of
the Department of Transportation the esti-
mated annual tax payable by a carrier will be
less than $100, and the vehicles operated by
the carrier are of less than 30,000 pounds com-
bined weight, the department may authorize
WKHFDUULHUWRÀOHUHSRUWVDQQXDOO\LQOLHXRI
PRQWKO\UHSRUWVUHTXLUHGE\256DQG
$QQXDOUHSRUWVDQGDFFRPSDQ\LQJ
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date of February 28 for the preceding calendar
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(2) At the request of a motor carrier, the
GHSDUWPHQWPD\DXWKRUL]HWKHFDUULHUWRÀOH
quarterly reports in lieu of monthly reports
UHTXLUHGE\256DQG4XDU-
terly reports and accompanying remittances
GXHVKDOOEHÀOHGRQRUEHIRUHWKHGXHGDWHDV
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quarter, August 31; third quarter, November
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(3) Such authorizations may be withdrawn at
any time upon the mailing of notice to the car-
rier at the last address of record of the carrier
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bear interest at the rate of one percent per
month, or fraction thereof, from the last day
of the month following the close of the month
for which the additional assessment is imposed
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reports and remittances shall be applicable to
UHSRUWVDQGUHPLWWDQFHVXQGHUWKLVVHFWLRQ
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825.494 Assessment by department
upon failure to report tax or fee due. (1)
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 ,IWKHDGGLWLRQDODVVHVVPHQWLPSRVHG or tax report as required by this chapter, the
H[FHHGVE\DWOHDVWÀYHSHUFHQWEXWQRWPRUH Department of Transportation shall make a
than 15 percent the amount of taxes or fees proposed assessment, based upon any infor-
UHSRUWHGRUSDLGDSHQDOW\RIÀYHSHUFHQWRI mation available to the department, for the

Page 495 (2015 Edition)

 OREGON VEHICLE CODE

period for which such person failed to make a
report, of the amount of taxes and fees, includ-
ing fees for temporary passes required under
256GXHIRUWKHSHULRGIRUZKLFKVXFK
SURSRVHGDVVHVVPHQWLVPDGH
may require such person to pay a charge of
$150 in addition to any other fees, taxes and
charges which may be imposed under this
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825.498 Collection of fees, taxes and
 (DFKDVVHVVPHQWVKDOOEHDULQWHUHVWDW
the rate of one percent per month, or fraction
thereof, from the last day of the month fol-
lowing the close of the month for which the
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(3) There shall be added to every such
assessment a penalty of 25 percent of the
DPRXQWWKHUHRI
(4) The department shall give to such person
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(5) Whenever the department has made an
assessment pursuant to this section that has
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or reassess such taxes, fees, interest or penal-
WLHVXQOHVVWKHGHSDUWPHQWLVVDWLVÀHGWKDWWKH
taxpayer fraudulently or with intent to evade
taxation destroyed, concealed or withheld any
other moneys. All fees, taxes and charges
imposed by this chapter and ORS chapter
DOOFODLPVDQGSHQDOWLHVSD\DEOHE\DQ\
person under this chapter and ORS chapter
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WHUDQG256FKDSWHUDUHWKHSURSHUW\RI
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shall collect and receive all fees, taxes, penal-
ties and moneys due or to become due to the
VWDWHXQGHUWKLVFKDSWHUDQG256FKDSWHU
and, to that end, shall bring such actions or
take such proceedings, including attachment
and garnishment proceedings, in the name
RIWKH6WDWHRI2UHJRQDVPD\EHQHFHVVDU\
>)RUPHUO\@
 &DOFXODWLRQRILQWHUHVWDQGSHQ-
alties for delinquent road use assessment
fees and single-use nondivisible load permits;
books, accounts, papers, records or memoranda
required to be maintained by a person subject
WRWKLVFKDSWHURUWKHUXOHVRIWKHGHSDUWPHQW
>)RUPHUO\F†@
825.496 Reassessment waiver or reduc-
tion upon request; charge for failure to
appear at hearing. (1) Any person against
whom an assessment is made under ORS
RUPD\SHWLWLRQWKH'HSDUW-
ment of Transportation for a reassessment
within 30 days after service upon the person
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GD\SHULRGWKHDVVHVVPHQWEHFRPHVÀQDO
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the 30-day period the department shall recon-
sider the assessment and, if the person has
requested in the petition, shall grant such
person a hearing and give the person 10 days’
QRWLFHRIWKHWLPHDQGSODFHRIWKHKHDULQJ7KH
department has power to continue the hearing
IURPWLPHWRWLPHDVPD\EHQHFHVVDU\7KH
decision of the department upon a petition for
UHDVVHVVPHQWVKDOOEHFRPHÀQDOGD\VDIWHU
VHUYLFHRIQRWLFHXSRQWKHSHUVRQFRQFHUQHG
(2) The department may waive or reduce
the interest and penalties provided in ORS
DXGLW,QWHUHVWDQGSHQDOWLHVIRUGHOLQTXHQW
payments of road use assessment fees payable
SXUVXDQWWRWKHSURYLVLRQVRI256DQG
of single-trip nondivisible load permits shall
be calculated in the same manner that inter-
est and penalties are calculated under ORS
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(2) An audit conducted by the Department
of Transportation pursuant to its authority
under this chapter may include an examina-
tion of records of the carrier pertaining to the
road use assessment fee imposed under ORS
,IWKHDXGLWVKRZVWKDWPRYHPHQWE\
a carrier exceeds the mileage authorized by a
single-trip nondivisible load permit, the depart-
ment shall determine the amount of the road
XVHDVVHVVPHQWIHHWKDWLVGXH7KHGHSDUWPHQW
shall collect the amount due and may impose
any penalties or additional assessments autho-
rized by this chapter for delinquent payment
RIWD[HV>)RUPHUO\F†@
825.502 Payment of taxes and fees
by credit card; rules. For payment of any
weight-mile taxes and fees, the Department
RI7UDQVSRUWDWLRQPD\
WRRURURQWKRVH
terms as the department considers proper if
request for waiver or reduction is made within
30 days after service of notice of assessment
upon the person concerned, or as part of the
pleas made in the department’s reconsideration
RIWKHDVVHVVPHQW
(1) Accept payment of taxes and fees by
FUHGLWFDUG$Q\SD\PHQWPDGHE\FUHGLWFDUG
shall be for the full amount of the tax or fee,
except that a surcharge may be added to the
amount tendered by the customer to offset fees
charged to the department for acceptance and
XVHRIWKHFUHGLWFDUG
 (YHU\DVVHVVPHQWPDGHE\WKHGHSDUW- (2) Adopt reasonable rules as necessary or
PHQWXQGHU256WREHFRPHV SURSHUIRUWKHDGPLQLVWUDWLRQRIWKLVVHFWLRQ
GXHDQGSD\DEOHDWWKHWLPHLWEHFRPHVÀQDO >)RUPHUO\@
and if not paid to the department when due and 825.504 Warrant procedure for collect-
payable there shall be added to the assessment ing tax, fee, penalty or assessment. ,I
a penalty of 10 percent of the amount of the any tax, or fee in lieu of tax, reported due,
WD[ RUDQ\ÀQDODVVHVVPHQWPDGHE\WKH'HSDUW-
 ,IDQ\SHUVRQZKRKDVUHTXHVWHGDKHDU-
ing pursuant to this section fails to appear at
the scheduled hearing and failed to withdraw
WKHSHWLWLRQIRUUHDVVHVVPHQWDWOHDVWÀYHGD\V
before the date of the hearing, the department
PHQWRI7UDQVSRUWDWLRQXQGHU256
DQGLQFOXGLQJDQ\SHQDOWLHV
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3DJH (2015 Edition)

 02725&$55,(56
may issue a warrant for the amount of the tax,
fee or assessment, with the added penalties or
charges, interest and the cost of executing the
ZDUUDQW$FRS\RIWKHZDUUDQWVKDOOEHPDLOHG
or delivered to the taxpayer by the department
DWWKHWD[SD\HU·VODVWNQRZQDGGUHVV
(2) At any time after issuing a warrant
under this section, the department may record
the warrant in the County Clerk Lien Record of
DQ\FRXQW\RIWKLVVWDWH5HFRUGLQJRIWKHZDU-
UDQWKDVWKHHIIHFWGHVFULEHGLQ256
After recording a warrant, the department
may direct the sheriff for the county in which
the warrant is recorded to levy upon and sell
the real and personal property of the taxpayer
found within that county, and to levy upon any
currency of the taxpayer found within that
county, for the application of the proceeds or
FXUUHQF\DJDLQVWWKHDPRXQWUHÁHFWHGLQWKH
warrant and the sheriff’s cost of executing the
ZDUUDQW7KHVKHULIIVKDOOSURFHHGRQWKHZDU-
rant in the same manner prescribed by law for
executions issued against property pursuant to
a judgment, and is entitled to the same fees as
provided for executions issued against property
SXUVXDQWWRDMXGJPHQW7KHIHHVRIWKHVKHULII
shall be added to and collected as a part of the
ZDUUDQWOLDELOLW\
 
DFFRXQW7KHGHSRVLWUHTXLUHGPD\EHLQFUHDVHG
RUUHGXFHGE\WKHGHSDUWPHQWDWDQ\WLPH,Q
determining the necessity for an applicant
or carrier to maintain a deposit the depart-
ment shall consider the applicant or carrier’s
ÀQDQFLDOFDSDELOLW\DQGUHVSRQVLELOLW\DQGWKH
department’s prior experience, if any, in col-
lecting fees, taxes, charges or penalties from
the applicant, carrier or any person having
a substantial interest or control, directly or
indirectly, in or over the operations conducted
RUWREHFRQGXFWHGXQGHUWKHFDUULHU·VDXWKRULW\
(2) To secure payment of sums payable by
the carrier the department may accept in lieu
RIVXFKGHSRVLW
(a) A bond in the form prescribed by the
department; or
(b) Bonds, negotiable by delivery, of the State
of Oregon, school districts therein, or obliga-
tions of the United States, or obligations for
which the faith of the United States is pledged
for the payment of both principal and interest,
equal in amount to the amount of the requested
GHSRVLW
(3) So long as the deposit remains unencum-
bered the depositor is entitled to collect the
interest upon the securities described in sub-
 ,QWKHGLVFUHWLRQRIWKHGHSDUWPHQWD
warrant under this section may be directed
to any agent authorized by the department to
collect amounts under this section, and in the
execution of the warrant the agent has all of
the powers conferred by law upon sheriffs, but
is entitled to no fee or compensation in excess
of actual expenses paid in the performance of
VXFKGXW\
(4) Until a warrant issued under this sec-
WLRQLVVDWLVÀHGLQIXOOWKHGHSDUWPHQWKDVWKH
same remedies to enforce the claim for the tax,
fee or assessment as if the state had recovered
judgment against the taxpayer for the amount
RIWKHWD[IHHRUDVVHVVPHQW
VHFWLRQERIWKLVVHFWLRQ7KHGHSDUWPHQW
shall hold the securities upon such terms as
the department shall designate and approve
pursuant to the provisions of this chapter, and
shall deliver such securities to the State Trea-
surer, who shall receive and hold them subject
WRWKHODZIXORUGHUVRIWKHGHSDUWPHQW7KH
State Treasurer and the surety of the trea-
VXUHUVKDOOEHOLDEOHXSRQWKHRIÀFLDOERQGRI
WKHWUHDVXUHUIRUWKHLUVDIHNHHSLQJ7KHGHSRV-
itors shall reimburse the State Treasurer for
any expenses incurred by the treasurer in the
mailing, insuring, shipping or delivering of
any such securities, or of the interest coupons
DWWDFKHGWKHUHWRDVWKH\PDWXUH
(5) The procedures authorized by this sec-
tion may also be used for collection of any fees
and penalties imposed on persons registering
YHKLFOHVXQGHU256FKDSWHU>)RUPHUO\
F†F†
F†@
825.506 Deposit or bond to secure pay-
ment of fees, taxes, charges and penalties.
 ,IDFDUULHUFHDVHVWREHDFDUULHUXQGHU
this chapter, within a reasonable time of the
receipt by the department of all payments due,
the department shall refund or have returned
to the carrier all deposits and securities
remaining to the carrier’s credit and shall
release the surety on any bond given under
WKLVVHFWLRQ
(5) Any applicant or carrier required under
,IWKH'HSDUWPHQWRI7UDQVSRUWDWLRQÀQGV
it necessary in order to insure the collection of
any fees, taxes, charges or penalties imposed
upon a carrier pursuant to this chapter or
256WKHGHSDUWPHQWPD\DWWKHWLPH
DQGDVDFRQGLWLRQRIJUDQWLQJDFHUWLÀFDWHRU
permit, or continuing the same, or as a con-
dition of issuing a motor vehicle registration
device, require a carrier to deposit and keep
on deposit with the department a sum in an
amount determined proper by the department,
taking into account the nature and scope of
WKH FDUULHU·V RSHUDWLRQV 0RQH\V GHSRVLWHG
under this section shall be deposited with
the State Treasurer in an account separate
DQGGLVWLQFWIURPWKH*HQHUDO)XQG,QWHUHVW
earned by the account shall be credited to the
Page 497
this section to make a deposit to secure the
payment of fees, taxes, charges or penalties
may by proper petition demand a hearing on
the necessity of such deposit or the reasonable-
QHVVRIWKHDPRXQWUHTXLUHG$KHDULQJVKDOO
be granted and held within 10 days after the
GHPDQGWKHUHIRU7KHGHFLVLRQRIWKHGHSDUW-
PHQWVKDOOEHFRPHÀQDOGD\VDIWHUVHUYLFH
of the order upon the applicant or carrier con-
FHUQHG>)RUPHUO\@
825.507 Limitations on cancellation
of bond; suspension of authority. (1) No
ERQGÀOHGSXUVXDQWWR256PD\EH
canceled or otherwise terminated at any time
prior to its expiration until the surety com-
SDQ\ZKLFKH[HFXWHGWKHVDPHKDVÀOHGZLWK
(2015 Edition)
 OREGON VEHICLE CODE

the Department of Transportation a notice of
FDQFHOODWLRQDVSURYLGHGLQVXFKERQG6XFK
cancellation shall be effective not less than 30
days from the date of receipt, and no agreement
between the parties thereto shall operate to
DYRLGWKLVUHVWULFWLRQXSRQFDQFHOODWLRQ
825.517 Certain records not public. (1)
The following are not public records unless
the public interest requires disclosure in the
SDUWLFXODULQVWDQFH
(a) Reports from motor carriers required to
EHÀOHGZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
  ,I DQ\ ERQG ILOHG SXUVXDQW WR 256 in connection with the imposition or collection
EHFRPHVLQRSHUDWLYHWKHDXWKRULW\ RIDQ\WD[
XQGHUWKHFHUWLÀFDWHRUSHUPLWLQYROYHGVKDOO
cease and be suspended insofar as it pertains
to any affected vehicles until the requirements
RI256KDYHEHHQPHWE\WKHFDUULHU
>)RUPHUO\@
825.508 Use of collection agency to
 E,QIRUPDWLRQFROOHFWHGE\WKHGHSDUWPHQW
from a motor carrier for the purpose of conduct-
LQJDWD[DXGLW
(2) A motor carrier to whom the information
pertains, or a person who has written permis-
sion from the carrier, may inspect information
obtain moneys due. ,QFDUU\LQJRXWWKH
GXWLHVXQGHU256WKH'HSDUWPHQW
of Transportation may engage the services of
a collection agency to collect any of the fees,
taxes, penalties and moneys due to the state
XQGHUWKLVFKDSWHUDQG256FKDSWHU7KH
department may engage the services by enter-
ing into agreements to pay reasonable charges
RQDFRQWLQJHQWIHHRURWKHUEDVLV
(2) The department may assign to the collec-
tion agency, for collection purposes only, any of
the fees, taxes, penalties and moneys due the
VWDWHXQGHUWKLVFKDSWHUDQG256FKDSWHU
(3) The collection agency may bring such
actions or take such proceedings, including
attachment and garnishment proceedings, as
PD\EHQHFHVVDU\>)RUPHUO\@
 :ULWLQJRIIXQFROOHFWHGPRQH\VGXH
(1) Any fee, tax, penalty or money due the state
assigned to a collection agency pursuant to
256WKDWUHPDLQVXQFROOHFWHGIRUWZR
years after the date of the assignment meets
the criteria for uncollectibility formulated pur-
VXDQWWR256
GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(3) The department, upon request or as
required by law, shall disclose information
from the records described in subsection (1)
of this section to a government agency for use
LQFDUU\LQJRXWLWVJRYHUQPHQWDOIXQFWLRQV
>F†@
(Multijurisdictional Agreements)
825.550 Multijurisdictional agree-
ment for collection of weight-mile taxes;
rules. (1) The Department of Transportation
may enter into an agreement with the autho-
rized representatives of any jurisdiction that
imposes weight-mile taxes, in order to form a
multijurisdictional agreement for the singu-
lar collection of the total weight-mile taxes
claimed due by any of the jurisdictions that
DUHSDUW\WRWKHDJUHHPHQW$QDJUHHPHQW
established under authority granted by this
VHFWLRQ
(a) May allow motor carriers to pay the total
weight-mile taxes that are claimed due to any
MXULVGLFWLRQWKDWLVDSDUW\WRWKHDJUHHPHQW
 256DSSOLHVWRDQ\IHHWD[
penalty or money due the state and described (b) May provide for collection of all weight-
LQVXEVHFWLRQRIWKLVVHFWLRQ>)RUPHUO\ mile taxes claimed due by any party to the
F†@ agreement, on vehicles that are engaged in
interjurisdictional commerce or combined
825.515 Daily records and monthly interjurisdictional and intrajurisdictional
reports by carriers. (YHU\IRUKLUHFDUULHU
and private carrier shall keep daily records,
upon forms prescribed by the Department of
Transportation, of all vehicles used during the
FXUUHQWPRQWK
(2) On or before the last day of the month
following, except as otherwise permitted under
256WKH\VKDOOFHUWLI\WRWKHGHSDUW-
ment, upon forms prescribed therefor, the true
and correct summaries of their daily records
which shall show the extreme miles traveled
in this state during the preceding month, the
amount of fuel tax paid to the state during the
preceding month, and such other information
DVWKHGHSDUWPHQWPD\UHTXLUH
FRPPHUFH
(c) May include provisions necessary to
facilitate the determination and distribution
of weight-mile tax moneys among the various
MXULVGLFWLRQV
(d) May provide that the department may
GHQ\DQ\SHUVRQIXUWKHUEHQHÀWVXQGHUWKH
agreement until all taxes have been paid, if
the department determines that the person
VKRXOGKDYHSDLGDGGLWLRQDOWD[HV
(e) May provide for arrangements with agen-
cies of this state and other jurisdictions for
joint audits of owners of vehicles availing them-
selves of this agreement and for the exchange
 7KHGDLO\UHFRUGVVKDOOEHNHSWRQÀOH
LQ WKH RIÀFH RI WKH FDUULHU DQG WKHUHDIWHU
preserved until written permission for their
GHVWUXFWLRQLVJLYHQE\WKHGHSDUWPHQW>)RU-
PHUO\@
RIDXGLWLQIRUPDWLRQRQWKRVHRZQHUV
(f) May authorize the department to suspend
RUFDQFHODQ\EHQHÀWVXQGHUWKHDJUHHPHQWLI
the person violates any of the terms or condi-
tions of the agreement or violates any law or
UXOHRIWKLVVWDWHUHODWLQJWRYHKLFOHV
(2) The department may adopt any rules
the department deems necessary to effectuate

Page 498 (2015 Edition)

 02725&$55,(56
and administer the provisions of an agreement
HQWHUHGLQWRXQGHUWKLVVHFWLRQ1RWKLQJLQDQ
agreement shall affect the right of the depart-
PHQWWRDGRSWUXOHVDVGHVFULEHGLQWKLVVHFWLRQ
(3) An agreement shall be in writing and
VKDOOEHÀOHGZLWKWKHGHSDUWPHQWZLWKLQ
days after execution or the effective date of the
DJUHHPHQWZKLFKHYHULVODWHU
(4) Nothing in an agreement shall affect
the right of the department to act under this
VHFWLRQ
(5) An agreement shall not provide for any
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFW
 
except for motor fuel taxes and requirements
UHODWHGWRPRWRUIXHOWD[HV
(4) The department may adopt any rules
the department deems necessary to effectuate
and administer the provisions of an agreement
HQWHUHGLQWRXQGHUWKLVVHFWLRQ1RWKLQJLQWKH
agreement shall affect the right of the depart-
ment to adopt rules as provided in ORS chapter
DQGWKLVFKDSWHU
(5) An agreement shall be in writing and
VKDOOEHÀOHGZLWKWKHGHSDUWPHQWZLWKLQ
days after execution or on the effective date of
WKHDJUHHPHQWZKLFKHYHULVODWHU
to any other fees or taxes levied or assessed
against the use of highways or use or owner-
ship of vehicles except weight-mile taxes, fees
DQGUHTXLUHPHQWV>)RUPHUO\@
825.555 International fuel tax agree-
ment; rules; fees. (1) The Department of
Transportation may enter into an interna-
tional fuel tax agreement with jurisdictions
outside of this state to provide for cooperation
and assistance among member jurisdictions
in the administration and collection of taxes
imposed on motor carriers for the consumption
RIDOOIXHOVXVHGLQYHKLFOHVRSHUDWHGLQWHUVWDWH
 7KHGHSDUWPHQWVKDOODGRSWUXOHVHVWDE-
lishing an annual fee to be paid by each motor
FDUULHUUHFHLYLQJEHQHÀWVIURPDQDJUHHPHQW
HQWHUHGLQWRXQGHUWKLVVHFWLRQ,QHVWDEOLVKLQJ
fees, the department shall consider the size
RIWKHPRWRUFDUULHU·VÁHHW)HHVHVWDEOLVKHG
under this subsection shall be designed to
recover the full direct and indirect costs to
the department that result from participation
in the agreement, but the department may
not establish a fee under this subsection that
H[FHHGV>)RUPHUO\F
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 $QDJUHHPHQWXQGHUWKLVVHFWLRQPD\
GREENHOUSE GAS EMISSIONS
(a) Provide for determining a base state for
PRWRUFDUULHUVIRUSXUSRVHVRIWKHDJUHHPHQW 825.600 Purpose of ORS 825.601 to
825.615. 7KH SXUSRVH RI 256  WR
 E,PSRVHUHFRUGNHHSLQJUHTXLUHPHQWV LVWRUHGXFHJUHHQKRXVHJDVDQGRWKHU
 F6SHFLI\DXGLWSURFHGXUHV
(d) Provide for exchange of information
DPRQJMXULVGLFWLRQV
(e) Provide criteria for determining which
FDUULHUVDUHHOLJLEOHWRUHFHLYHWKHEHQHÀWVRI
WKHDJUHHPHQW
emissions from the use of commercial vehicles,
DVGHÀQHGLQ256>F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 825 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
 I'HÀQHTXDOLÀHGPRWRUYHKLFOHV H[SODQDWLRQ
(g) Specify conditions under which bonds   'HÀQLWLRQV As used in ORS
DUHUHTXLUHG WR
(h) Specify reporting requirements and peri-
ods, including but not limited to specifying
SHQDOW\DQGLQWHUHVWUDWHVIRUODWHUHSRUWLQJ
(i) Determine methods for collecting and
forwarding of motor fuel taxes, penalties and
LQWHUHVWWRDQRWKHUMXULVGLFWLRQ
 ´$X[LOLDU\SRZHUXQLWµPHDQVDQ\GHYLFH
that is installed on a commercial vehicle that
provides electrical, mechanical or thermal
energy to the vehicle cab, a sleeper berth, a
bus passenger compartment or any other vehi-
cle cab, as an alternative to idling the primary
HQJLQH
(j) Provide that the Department of Trans-  ´&DUJRWHPSHUDWXUHFRQWUROXQLWµPHDQV
SRUWDWLRQPD\GHQ\DQ\SHUVRQIXUWKHUEHQHÀWV any device used for controlling the temperature
under the agreement until all motor fuel taxes RIDFDUJRWUDQVSRUWDUHD
have been paid, if the department determines
that additional motor fuel taxes are owed by  ´&RPPHUFLDOYHKLFOHµPHDQVDFRPPHU-
WKHSHUVRQ cial vehicle with a gross vehicle weight rating
WKDWLVJUHDWHUWKDQSRXQGV
(k) Authorize the department to suspend or
FDQFHOEHQHÀWVXQGHUWKHDJUHHPHQWIRUDQ\
person who violates any term or condition of
the agreement or any law or rule of this state
UHODWLQJWRPRWRUFDUULHUVRUYHKLFOHV
(L) Contain such other provisions as will
IDFLOLWDWHWKHDJUHHPHQW
 ´,GOHUHGXFWLRQWHFKQRORJ\µPHDQVDQ\
device or system of devices that is installed
on a commercial vehicle and that is designed
to provide heat, air conditioning or electricity
that would otherwise require the operation of
WKHSULPDU\HQJLQH
(3) An agreement may not provide for any
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR
any fees or taxes levied or assessed against the
use of highways or use or ownership of vehicles
 ´,GOLQJµPHDQVRSHUDWLRQRIWKHSULPDU\
engine of a commercial vehicle while the vehi-
FOHLVVWDWLRQDU\

Page 499 (2015 Edition)

 OREGON VEHICLE CODE

 ´3ULPDU\HQJLQHµPHDQVDQLQWHUQDO (4) For maintenance, service, repair or diag-

combustion engine attached to a commercial nostic purposes or for particulate matter trap
vehicle that provides the power to propel the UHJHQHUDWLRQ
YHKLFOHLQWRPRWLRQDQGPDLQWDLQPRWLRQ> (5) For a state or federal inspection to verify
F†@ WKDWDOOHTXLSPHQWLVLQJRRGZRUNLQJRUGHU
NoteWRZHUHDGGHGWRDQG
made a part of the Oregon Vehicle Code by
legislative action but were not added to ORS
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
825.605 Unlawfully idling the primary
engine of a commercial vehicle; penalty.
(1) A person commits the offense of unlawfully
idling the primary engine of a commercial
vehicle if the person is operating a commercial
  7R SRZHU ZRUNUHODWHG PHFKDQLFDO
safety, electrical or construction equipment
installed on the vehicle that is not used for
SURSXOVLRQ
(7) Because the commercial vehicle is an
armored vehicle and a person must remain
inside the vehicle to guard the contents or
ZKLOHWKHYHKLFOHLVEHLQJORDGHGRUXQORDGHG
(8) To maintain the comfort of commercial
EXVSDVVHQJHUVZKLOHSDVVHQJHUVDUHRQERDUG
YHKLFOHDQGWKHSHUVRQ  ,QDFRPPHUFLDOYHKLFOHZLWKDJURVV
(a) Stops the commercial vehicle; and
(b) Allows the engine of the commercial
YHKLFOHWRLGOHIRUPRUHWKDQÀYHPLQXWHVLQ
DQ\FRQWLQXRXVPLQXWHSHULRG
(2) For purposes of this section, a person is
QRWLGOLQJDSULPDU\HQJLQHLIWKHSHUVRQ applies to a commercial vehicle with a sleeper
(a) Operates an auxiliary power unit, gen-
erator set or other idle reduction technology
as a means to heat, air condition or provide
HOHFWULFDOSRZHU
(b) Operates a cargo temperature control
XQLWWRPDLQWDLQWKHFDUJR
(3) A citation issued under this section may
be issued to the person operating the commer-
FLDOYHKLFOHWKHPRWRUFDUULHUDVGHÀQHGLQ
256RUERWK
(4) The offense described in this section,
unlawfully idling the primary engine of a
commercial vehicle, applies on any premises
RSHQWRWKHSXEOLF
(5) The offense described in this section,
unlawfully idling the primary engine of a com-
PHUFLDOYHKLFOHLVD&ODVV&WUDIÀFYLRODWLRQ
>F†@
YHKLFOHZHLJKWUDWLQJRIPRUHWKDQ
pounds, for purposes of air conditioning or
heating during a rest or sleep period and the
outside temperature is less than 50 degrees or
greater than 75 degrees Fahrenheit at any time
GXULQJWKHUHVWRUVOHHSSHULRG7KLVVXEVHFWLRQ
berth compartment that is parked in any place
that a commercial vehicle is legally permitted
WRSDUNLQFOXGLQJEXWQRWOLPLWHGWRDÁHHW
trucking terminal, commercial vehicle stop
RUGHVLJQDWHGUHVWDUHD7KLVH[HPSWLRQGRHV
not apply if the commercial vehicle is equipped
with an auxiliary power unit or other suitable
idle reduction technology, if the commercial
vehicle is parked at a location equipped with
suitable stationary idle reduction technology
that is available for use, or during a rest or
sleep period when the commercial vehicle is
parked on or adjacent to a public or private
educational institution offering education in
all or part of kindergarten through grade 12,
unless the outside temperature is greater than
75 degrees Fahrenheit and the auxiliary power
unit provides heating only, in which case the
person may idle the primary engine to provide
DLUFRQGLWLRQLQJ
Note6HHQRWHXQGHU  ,QDFRPPHUFLDOYHKLFOHZLWKDJURVV
YHKLFOHZHLJKWUDWLQJRIPRUHWKDQ
825.610 Exemptions from requirements pounds, for purposes of air conditioning or
in ORS 825.605. 256GRHVQRWDSSO\ heating while waiting to load or unload the
to a commercial vehicle if it is necessary to idle commercial vehicle or while actually loading
WKHSULPDU\HQJLQHRIWKHFRPPHUFLDOYHKLFOH or unloading the commercial vehicle, and the
 'XHWRWUDIÀFDWUDIÀFFRQWUROGHYLFHRU
PHFKDQLFDOGLIÀFXOWLHVRYHUZKLFKWKHRSHUD-
tor has no control or at the direction of a law
HQIRUFHPHQWRIÀFLDORUURDGDXWKRULW\
(2) Due to the need to operate defrosters,
heaters or air conditioners or installing equip-
ment necessary to comply with manufacturers’
RSHUDWLQJUHTXLUHPHQWVVSHFLÀFDWLRQVDQG
warranties or with federal, state or local safety
UHJXODWLRQV
(3) Because the commercial vehicle is a
SROLFHÀUHDPEXODQFHSXEOLFVDIHW\PLOLWDU\
utility service or road authority vehicle, or any
other vehicle being used to respond to an emer-
gency or for other public safety purposes, or
being actively used for training for emergencies
RUSXEOLFVDIHW\
Page 500
outside temperature is less than 50 degrees
or greater than 75 degrees Fahrenheit at the
WLPH7KLVH[HPSWLRQGRHVQRWDSSO\LIWKHFRP-
mercial vehicle is equipped with an auxiliary
power unit or other suitable idle reduction
technology, or if the commercial vehicle is
parked at a location equipped with suitable
stationary idle reduction technology that is
available for use, unless the outside tempera-
ture is greater than 75 degrees Fahrenheit and
the auxiliary power unit provides heating only,
in which case the person may idle the primary
HQJLQHWRSURYLGHDLUFRQGLWLRQLQJ
(11) For a maximum of 30 minutes while
waiting to load or unload the commercial vehi-
cle or while actually loading or unloading the
commercial vehicle during a single loading or
XQORDGLQJHYHQW>F†@
(2015 Edition)
 02725&$55,(56
Note6HHQRWHXQGHU
825.615 Preemption of local regula-
tion of idling; exception. (1) The authority
to regulate the idling of primary engines in
commercial vehicles is vested solely in the
/HJLVODWLYH$VVHPEO\$FLW\FRXQW\RURWKHU
local government may not enact any charter
 
SHQDOW\7KHDFWLRQPD\QRWEHFRPPHQFHG
until after the time has expired for an appeal
IURPWKHÀQGLQJVFRQFOXVLRQVDQGRUGHURIWKH
GHSDUWPHQW,QDOOVXFKDFWLRQVWKHSURFHGXUH
and rules of evidence shall be the same as an
ordinary civil action except as otherwise pro-
YLGHGLQWKLVFKDSWHU
provision, ordinance, resolution or other provi-
sion regulating the idling of primary engines
LQFRPPHUFLDOYHKLFOHV
(2) Notwithstanding subsection (1) of this
section, a city, county or other local government
may enforce any charter provision, ordinance,
resolution or other provision regulating the
idling of primary engines in commercial vehi-
FOHVLQHIIHFWRQ-DQXDU\>F
†@
Note6HHQRWHXQGHU
PENALTIES
825.950 Civil penalty for violation of
this chapter, ORS chapter 818 or 826, or
 $Q\PRWRUFDUULHURIKRXVHKROGJRRGV
found knowingly to have assessed charges for
transportation service less than published
LQLWVWDULIIVRUZULWWHQFRQWUDFWVRQÀOHZLWK
the department may be directed to collect the
undercharges from the persons liable for the
undercharges and to remit the undercharges
to the department in addition to any mone-
tary penalties imposed against the carrier
for charging less than the tariff or contract
SUHVFULEHV
(7) Any motor carrier of household goods
found to have assessed charges for transpor-
tation service more than the rates that have
EHHQOHJDOO\ÀOHGZLWKDQGSUHVFULEHGE\WKH
department shall refund the overcharges to the
SHUVRQVIURPZKRPFROOHFWHG,IWKHFDUULHULV
rule or order of department. D([FHSW
as otherwise provided in paragraph (b) of this
subsection, in addition to all other penalties
provided by law, every person who violates or
who procures, aids or abets in the violation
of any provision of this chapter, ORS chapter
RURUDQ\RUGHUUXOHRUGHFLVLRQRIWKH
Department of Transportation shall incur a
civil penalty of not more than $100 for every
VXFKYLRODWLRQ
unable to do so, the carrier may be required
to remit such overcharges to the department
in addition to any monetary penalties imposed
against the carrier for charging more than the
DSSOLFDEOHWDULIIRUFRQWUDFWSUHVFULEHV>)RU-
PHUO\F†F†
F†F†F†@
825.955 Civil penalty for violation of
provisions relating to driver equipment
compliance form or drug and alcohol test-
 E,QDGGLWLRQWRDOORWKHUSHQDOWLHVSUR-
vided by law, every person who violates or who
procures, aids or abets in the violation of ORS
E\RIIHULQJWRWUDQVSRUWRUWUDQVSRUW-
LQJKRXVHKROGJRRGVZLWKRXWDFHUWLÀFDWHVKDOO
ing program; rules. ,QDGGLWLRQWRDQ\
other penalties provided by law, the Depart-
ment of Transportation may impose a civil
SHQDOW\RIQRWPRUHWKDQIRU
incur a civil penalty of not more than $1,000  D6XEPLWWDORIDIDOVHFHUWLÀFDWLRQWRWKH
IRUHYHU\VXFKYLRODWLRQ department on a driver equipment compliance
check form;
 (DFKYLRODWLRQGHVFULEHGLQWKLVVHFWLRQLV
a separate offense and in case of a continuing
violation every day’s continuance is a separate
YLRODWLRQ(YHU\DFWRIFRPPLVVLRQRURPLVVLRQ
that procures, aids or abets in the violation is
a violation under this section and subject to
WKHFLYLOSHQDOW\SURYLGHGLQWKLVVHFWLRQ
(b) Failure by a motor carrier to return to
the department as required by rule a driver
equipment compliance check form; or
(c) Failure of a motor carrier to establish
or participate in a drug and alcohol testing
SURJUDPDVUHTXLUHGE\256
(3) Civil penalties under this section shall
be imposed in the manner provided in ORS

(4) The Department of Transportation may
reduce any civil penalty provided for in this
section on such terms as the department con-
VLGHUVSURSHULI this section and subject to the penalty provided
(a) The defendant admits the violations
alleged in the notice and makes timely request
for reduction of the penalty; or
(b) The defendant submits to the department
a written request for reduction of the penalty
within 15 days from the date the penalty order
LVVHUYHG
 (DFKYLRODWLRQVSHFLÀHGLQVXEVHFWLRQ
(1) of this section is a separate offense, and in
the case of a continuing violation, each day’s
FRQWLQXDQFHLVDVHSDUDWHYLRODWLRQ(YHU\DFW
of commission or omission which procures, aids
or abets in the violation is a violation under
LQWKLVVHFWLRQ
(3) Civil penalties under this section shall
be imposed in the manner provided in ORS

(4) The department may reduce any civil
penalty provided for in this section on such
WHUPVDVWKHGHSDUWPHQWFRQVLGHUVSURSHULI
 ,IWKHDPRXQWRIVXFKSHQDOW\LVQRWSDLG
to the department, the Attorney General, at
the request of the department, shall bring an
action in the name of the State of Oregon in the
Circuit Court of Marion County to recover such
(a) The defendant admits the violations
alleged in the notice and makes timely request
for reduction of the penalty; or

Page 501 (2015 Edition)

 OREGON VEHICLE CODE

(b) The defendant submits to the department SURYLGHGLQWKLVFKDSWHU>)RUPHUO\

a written request for reduction of the penalty F†F†F†@
within 15 days from the date the penalty order 825.990 Criminal penalties. ([FHSW
LVVHUYHG as otherwise provided in subsection (2) of this
 ,IWKHDPRXQWRIWKHSHQDOW\LVQRWSDLG
to the department, the Attorney General, at
the request of the department, shall bring an
action in the name of the State of Oregon in the
Circuit Court of Marion County to recover such
SHQDOW\7KHDFWLRQVKDOOQRWEHFRPPHQFHG
section, every person who violates or procures,
aids or abets violation of this chapter and
any person who refuses or fails to obey any
order, decision or rule, made under or pursu-
DQWWRWKLVFKDSWHUFRPPLWVD&ODVV$WUDIÀF
YLRODWLRQ
until after the time has expired for an appeal
IURPWKHÀQGLQJVFRQFOXVLRQVDQGRUGHURIWKH
GHSDUWPHQW,QDOOVXFKDFWLRQVWKHSURFHGXUH
and rules of evidence shall be the same as an
ordinary civil action except as otherwise pro-
YLGHGLQWKLVFKDSWHU
  .QRZLQJO\ YLRODWLQJ DQ RXWRIVHU-
vice notice issued under authority of the
Department of Transportation is a Class A
PLVGHPHDQRU
(3) A person is subject to the penalties under
subsection (4) of this section if the person
  7KH GHSDUWPHQW VKDOO DGRSW UXOHV
describing the driver equipment compliance
check form referred to in subsection (1) of this
VHFWLRQ>)RUPHUO\F†
F†F†@
825.960 Department action against
employer when department receives
QRWLÀFDWLRQRIYLRODWLRQRIRXWRIVHUYLFH
order; civil penalty. (1) When the Depart-
PHQWRI7UDQVSRUWDWLRQUHFHLYHVQRWLÀFDWLRQ
that a person has violated an out-of-service
order or notice, the department shall impose
a civil penalty of not less than $2,750 or more
than $25,000 on the employer of an operator of
a commercial motor vehicle if the department
ÀQGVWKDWWKHHPSOR\HUNQRZLQJO\DOORZHG
permitted, authorized or required the operator
WRYLRODWHWKHRUGHURUQRWLFH
NQRZLQJO\
(a) Transports any hazardous waste listed
XQGHU256RUUXOHVDGRSWHGWKHUHXQ-
der to a facility that does not have appropriate
authority to receive the waste under ORS
WRDQG
(b) Disposes of any hazardous waste listed
XQGHU256RUUXOHVDGRSWHGWKHUHXQ-
der without appropriate authority under ORS
WRDQG
(c) Materially violates terms of any permit or
authority issued to the person under this chap-
WHURU256WRDQG
in the transporting or disposing of hazardous
ZDVWH
(d) Makes any false material statement
or representation in any application, label,
 )RUSXUSRVHVRIWKLVVHFWLRQ´QRWLÀFD-
WLRQµLQFOXGHVEXWLVQRWQHFHVVDULO\OLPLWHG
to, a record of conviction and a record of a
determination by a state or federal agency with
jurisdiction to make such determinations that
the person has violated an out-of-service order
RUQRWLFH
(3) Civil penalties under this section shall
be imposed in the manner provided by ORS

manifest, record, report, permit or other doc-
XPHQWÀOHGPDLQWDLQHGRUXVHGIRUSXUSRVHV
of compliance with requirements under this
chapter for the safe transportation of hazard-
RXVZDVWHV
(e) Fails to include material information
required under rules of the Department of
Transportation in any application for any
permit or authority to transport hazardous
ZDVWHXQGHUWKLVFKDSWHU
 ,IWKHDPRXQWRIWKHSHQDOW\LVQRWSDLG (f ) Violates any rules adopted by the
to the department, the Attorney General, at Department of Transportation concerning the
the request of the department, shall bring an WUDQVSRUWDWLRQRIKD]DUGRXVZDVWHV
action in the name of the State of Oregon in the
Circuit Court of Marion County to recover such  6XEMHFWWR256YLRODWLRQRI
SHQDOW\7KHDFWLRQVKDOOQRWEHFRPPHQFHG subsection (3) of this section is a Class B mis-
until after the time has expired for an appeal GHPHDQRU>6XEVHFWLRQVDQGIRUPHUO\
IURPWKHÀQGLQJVFRQFOXVLRQVDQGRUGHURI  VXEVHFWLRQV  DQG  IRUPHUO\
WKHGHSDUWPHQW,QDOOVXFKDFWLRQVWKHSURFH- F†F†@
dure and rules of evidence shall be the same
as an ordinary civil action except as otherwise _______________

Page 502 (2015 Edition)

 5(*,675$7,212)&200(5&,$/9(+,&/(6

Chapter 826

(',7,21
REGISTRATION OF COMMERCIAL VEHICLES

 'HÀQLWLRQV 826.023 Fees for cards, plates and stickers

826.003 Rules 826.025 Duplicate or replacement registration
826.005 Authority for reciprocal registration cards
agreements; permitted provisions; 826.027 Transfer of registration; withdrawal
requirements; limitations RIYHKLFOHIURPÁHHW
826.007 Authority for proportional reg- 826.029 Temporary proportional registration
istration agreements; permitted permits
provisions; requirements; limitations; 826.031 Registration for certain vehicles
rules subject to weight mile tax and not
826.008 Certain records not public otherwise registered
826.009 Proportional registration of commer- 826.033 Application of other registration
cial vehicles provisions of Oregon Vehicle Code
826.010 Quarterly payment of registration to vehicles registered under this
fees for vehicles registered under chapter
ORS 826.009  5HJLVWUDWLRQLGHQWLÀFDWLRQGHYLFHV
 3URSRUWLRQDOÁHHWUHJLVWUDWLRQ and cards for vehicles registered
under ORS 826.031
826.013 Registration weight
826.037 Annual or quarterly registration
826.015 Declaration of weight under ORS 826.031
826.017 Registration fees for proportionally 826.039 Refund of certain registration fees
registered vehicles
826.041 Agents for issuance of registration
826.019 International Registration Plan fee and collection of fees
826.021 Proration of fees for proportionally
registered vehicles; adjustment of
fees and registration periods by
department; rules

Page 503 (2015 Edition)

OREGON VEHICLE CODE

Page 504 (2015 Edition)

 5(*,675$7,212)&200(5&,$/9(+,&/(6
 

826.001 Definitions. As used in this or any other fees or taxes levied or assessed
FKDSWHU against the use of highways or use or owner-
  ´&RPELQHG ZHLJKWµ PHDQV WKH WRWDO ship of vehicles except registration taxes, fees
empty weight of all vehicles in a combination DQGUHTXLUHPHQWV
plus the total weight of the load carried on that (5) An agreement must provide that any
FRPELQDWLRQRIYHKLFOHV vehicle registered in this state will receive a
 ´&RPPHUFLDOYHKLFOHµPHDQVDYHKLFOH similar kind or degree of exemptions, bene-
WKDW ÀWVDQGSULYLOHJHVZKHQRSHUDWHGLQDQRWKHU
jurisdiction that is party to the agreement as
 D,VXVHGIRUWKHWUDQVSRUWDWLRQRISHUVRQV vehicles registered in the other jurisdiction
IRUFRPSHQVDWLRQRUSURÀWRU UHFHLYHZKHQRSHUDWHGLQWKLVVWDWH
 E,VGHVLJQHGRUXVHGSULPDULO\IRUWKH  $QDJUHHPHQWLQWKHMXGJPHQWRIWKH
WUDQVSRUWDWLRQRISURSHUW\ department, shall be in the best interest of
 ´'HSDUWPHQWµPHDQVWKH'HSDUWPHQWRI
7UDQVSRUWDWLRQ>)RUPHUO\@
826.003 Rules. The Department of
Transportation may adopt rules regarding
registration records for vehicles registered
XQGHUWKLVFKDSWHU>F†E@
826.005 Authority for reciprocal
registration agreements; permitted
provisions; requirements; limitations.
(1) The Department of Transportation may
enter into agreements with the duly autho-
rized representatives of any jurisdiction that
issues registration to establish reciprocal priv-
ileges or registration exemptions for vehicles
DVGHVFULEHGLQWKLVVHFWLRQ$QDJUHHPHQW
entered into by the department under the
authority granted by this section may estab-
lish exemptions from proportional registration
IHHV
(2) An agreement shall only grant the priv-
LOHJHVEHQHÀWVDQGH[HPSWLRQVWRDYHKLFOHRU
the registrant of a vehicle if the vehicle is any
RIWKHIROORZLQJ violates any law or rule of this state relating
(a) Registered in the jurisdiction where
the person registering the vehicle has a legal
UHVLGHQFH
(b) A commercial vehicle registered in a
jurisdiction where the commercial enterprise
in which the vehicle is used has a place of
EXVLQHVV7RTXDOLI\XQGHUWKLVSDUDJUDSK
the vehicle must be assigned to the place of
business and the place of business must be
the place from which or in which the vehicle is
this state and its citizens, shall be fair and
equitable to this state and its citizens and shall
be determined on the basis and recognition of
EHQHÀWVWKDWDFFUXHWRWKHHFRQRP\RIWKLVVWDWH
IURPWKHXQLQWHUUXSWHGÁRZRIFRPPHUFH
(7) An agreement may authorize a vehicle
that would otherwise be required to be reg-
istered in one jurisdiction to be registered in
DQRWKHUMXULVGLFWLRQZLWKRXWORVLQJDQ\EHQHÀW
exemption or privilege under the agreement if
the vehicle is operated from a base located in
WKHRWKHUMXULVGLFWLRQ
(8) An agreement may allow the lessee
or lessor of a vehicle, subject to the terms
and conditions of the lease, to receive ben-
HÀWV H[HPSWLRQV DQG SULYLOHJHV XQGHU WKH
DJUHHPHQW
(9) An agreement may authorize the depart-
ment to suspend or cancel any exceptions,
EHQHÀWVRUSULYLOHJHVJUDQWHGWRDQ\SHUVRQ
under the agreement if the person violates any
of the terms or conditions of the agreement or
WRYHKLFOHV
(10) All agreements shall be in writing and
ÀOHGZLWKWKHGHSDUWPHQWZLWKLQGD\VDIWHU
execution or the effective date of the agree-
PHQWZKLFKHYHULVODWHU
(11) An agreement may be a limited type
agreement with any state bordering this state
DVGHVFULEHGLQWKLVVXEVHFWLRQ$QDJUHHPHQW
described under this subsection is subject to
DOORIWKHIROORZLQJ
most frequently dispatched, garaged, serviced,
PDLQWDLQHGRSHUDWHGRURWKHUZLVHFRQWUROOHG
(c) A commercial vehicle registered in a
jurisdiction where the vehicle has been reg-
istered because of an agreement between two
jurisdictions or a declaration issued by any
MXULVGLFWLRQ
(3) An agreement shall retain the right of
WKHGHSDUWPHQWWRPDNHWKHÀQDOGHWHUPL-
nation as to the proper place of registration
of a vehicle when there is a dispute or doubt
FRQFHUQLQJWKHSURSHUSODFHRIUHJLVWUDWLRQ
An agreement shall retain the right of the
department to confer with the departments
of other jurisdictions affected when making a
GHWHUPLQDWLRQXQGHUWKLVVXEVHFWLRQ
(4) An agreement shall not provide for any
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR
fuel taxes, use fuel taxes, weight mile taxes
Page 505
 D7KHEHQHÀWVH[HPSWLRQVDQGSULYLOHJHV
under the agreement shall only be extended
WRYHKLFOHVRUDFODVVRIYHKLFOHVDVVSHFLÀHG
LQWKHDJUHHPHQW
(b) The agreement shall be applicable only
within an area in each state that is situated
along the boundary between the states and
WKDWLVVXEVWDQWLDOO\HTXDOLQVL]H
(c) The usage permitted of the vehicles in
the two areas shall be as substantially equal
DVPD\EHSUDFWLFDEOH
(d) The areas and usage subject to the agree-
PHQWVKDOOEHGHVFULEHGLQWKHDJUHHPHQW
(e) Proportional registration shall not be
UHTXLUHGXQGHUWKHDJUHHPHQW
(f) The agreement shall comply with other
mandatory provisions of this section and may
(2015 Edition)
 OREGON VEHICLE CODE
contain any other provisions described under
WKLVVHFWLRQ
(g) A vehicle operating under the agreement
may be required to obtain a permit under ORS

(12) An agreement may require the display
or submission of evidence of registration for
DQ\YHKLFOHRSHUDWLQJXQGHUWKHDJUHHPHQW
>)RUPHUO\@
826.007 Authority for proportional
registration agreements; permitted pro-
visions; requirements; limitations; rules.
The Department of Transportation may enter
into agreements with the duly authorized rep-
resentatives of any jurisdiction that issues
out-of-state registration to provide for pro-
portional registration of vehicles and for the
apportionment of registration fees and other
À[HGIHHVDQGWD[HVRQYHKLFOHVSURSRUWLRQDOO\
registered in this state and the other jurisdic-
WLRQ$OORIWKHIROORZLQJDSSO\WRDQDJUHHPHQW
established under authority granted by this
VHFWLRQ GHWHUPLQDWLRQXQGHUWKLVVXEVHFWLRQ
(1) An agreement may provide proportional
registration only for commercial vehicles that
are engaged in interjurisdictional commerce
or combined interjurisdictional and intraju-
ULVGLFWLRQDOFRPPHUFH
(2) An agreement may provide for propor-
tional registration for vehicles individually or
LQÁHHWVEXWPXVWFRPSO\ZLWKWKHUHTXLUH-
ments for proportional registration under ORS
IRUDOOSURSRUWLRQDOO\UHJLVWHUHGYHKL-
cles and with the requirements under ORS
IRUDOOSURSRUWLRQDOO\UHJLVWHUHGÁHHWV
(3) An agreement may include provisions
necessary to facilitate the administration of
SURSRUWLRQDOUHJLVWUDWLRQ
(4) Any apportionment of registration fees
DQGRWKHUÀ[HGYHKLFOHIHHVRUWD[HVPD\EH
made on a basis commensurate with and deter-
mined on the miles traveled on and use made
of the highways of this state as compared with
the miles traveled on and use made of other
jurisdictions’ highways, or may be made on
DQ\RWKHUHTXLWDEOHEDVLVRIDSSRUWLRQPHQW
(5) No agreement shall contain any provision
that requires a vehicle to be proportionally
UHJLVWHUHGLIWKHYHKLFOHLV GHSDUWPHQWWRVXVSHQGRUFDQFHODQ\EHQHÀWV
(a) Registered by this state;
(b) Operating in this state under any vehicle
permit that allows operation of an unregistered
vehicle; or
(c) Legally operated in this state under an
H[HPSWLRQSURYLGHGXQGHU256
(a) Registered in the jurisdiction where
the person registering the vehicle has a legal
UHVLGHQFH
(b) Registered in a jurisdiction where the
commercial enterprise in which the vehicle is
used has a place of business where the vehicle
has been assigned and from which or in which
the vehicle is most frequently dispatched,
garaged, serviced, maintained, operated or
RWKHUZLVHFRQWUROOHG
(c) Registered in a jurisdiction where the
vehicle has been registered because of an
agreement between two jurisdictions or a
GHFODUDWLRQLVVXHGE\DQ\MXULVGLFWLRQ
(8) An agreement shall retain the right of
WKHGHSDUWPHQWWRPDNHWKHÀQDOGHWHUPL-
nation as to the proper place of registration
of a vehicle when there is a dispute or doubt
FRQFHUQLQJWKHSURSHUSODFHRIUHJLVWUDWLRQ
An agreement shall retain the right of the
department to confer with the departments
of other jurisdictions affected when making a
(9) An agreement may provide that the
department may deny any person further bene-
ÀWVXQGHUWKHDJUHHPHQWXQWLODOOIHHVRUWD[HV
have been paid if the department determines
that the person should have proportionally
registered more vehicles in this state or paid
additional fees or taxes on vehicles proportion-
DOO\UHJLVWHUHGLQWKLVVWDWH
(10) An agreement may provide for arrange-
ments with agencies of this state or other
jurisdictions for joint audits of registrants of
proportionally registered vehicles and for the
exchange of audit information on persons who
KDYHSURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV
(11) An agreement may authorize a vehicle
that would otherwise be required to be reg-
istered in one jurisdiction to be registered in
DQRWKHUMXULVGLFWLRQZLWKRXWORVLQJDQ\EHQHÀWV
under the agreement if the vehicle is operated
IURPDEDVHORFDWHGLQWKHRWKHUMXULVGLFWLRQ
(12) An agreement may allow the lessee or
lessor of a vehicle, subject to the terms and
FRQGLWLRQVRIWKHOHDVHWRUHFHLYHEHQHÀWVRI
SURSRUWLRQDOUHJLVWUDWLRQXQGHUWKHDJUHHPHQW
(13) An agreement may authorize the
under the agreement if the person violates any
of the terms or conditions of the agreement or
violates any law or rule of this state relating
WRYHKLFOHV
(14) All agreements shall be in writing and
VKDOOEHÀOHGZLWKWKHGHSDUWPHQWZLWKLQ
days after execution or the effective date of the
 1RWKLQJLQDQDJUHHPHQWVKDOODIIHFW
the right of the department to adopt rules as
GHVFULEHGLQWKLVVXEVHFWLRQ7KHGHSDUWPHQW
may adopt any rules the department deems
necessary to effectuate and administer the
SURYLVLRQVRIWKHDJUHHPHQW
(7) An agreement shall only provide for pro-
portional registration of vehicles if the vehicle
LVDQ\RIWKHIROORZLQJ though the vehicle may have primary registra-
DJUHHPHQWZKLFKHYHULVODWHU
(15) Vehicles that are proportionally
registered under an agreement, whether indi-
YLGXDOO\RULQDÁHHWDUHIXOO\UHJLVWHUHGLQ
WKLVVWDWHIRUSXUSRVHVRI256DQG
any other portion of the vehicle code and are
accorded the same privileges and duties as
other vehicles registered in this state even
WLRQLQVRPHRWKHUMXULVGLFWLRQ7KLVVXEVHFWLRQ

3DJH (2015 Edition)

 5(*,675$7,212)&200(5&,$/9(+,&/(6
 

does not grant authority required for intrastate
movement where such authority is required
XQGHU256FKDSWHU6XFKDXWKRULW\PXVW
be granted in accordance with ORS chapter

vehicle is proportionally registered under this
VHFWLRQ7KHIROORZLQJDSSO\WRSURSRUWLRQDO
UHJLVWUDWLRQ
(1) The terms of an agreement established
XQGHU256FRQWURODOORIWKHSURYLVLRQV
 $QDJUHHPHQWPD\RQO\SURYLGHWKH of proportional registration, including but not
EHQHÀWVRISURSRUWLRQDOUHJLVWUDWLRQWRDYHKL- limited to the following, except as otherwise
cle that is registered either proportionally or SURYLGHGE\WKLVVHFWLRQ
otherwise in at least one other jurisdiction in  D4XDOLÀFDWLRQ
DGGLWLRQWRWKLVRQH
(b) Apportionment of fees, taxes and other
(17) Nothing in an agreement shall affect À[HGIHHV
the right of the department to act under this
VXEVHFWLRQ7KHGHSDUWPHQWPD\UHIXVHWR
issue proportional registration in this state
for vehicles from jurisdictions that do not grant
VLPLODUSULYLOHJHVIRUYHKLFOHVIURPWKLVVWDWH
(18) An agreement shall not provide for any
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR
fuel taxes, use fuel taxes, weight mile taxes
or any other fees or taxes levied or assessed
against the use of highways or use or owner-
ship of vehicles except registration taxes, fees
DQGUHTXLUHPHQWV
(19) An agreement may control the require-
ments for type, manner of display, number and
other provisions relating to registration plates,
registration cards or other proof of registration
IRUYHKLFOHVWKDWDUHVXEMHFWWRWKHDJUHHPHQW
>)RUPHUO\@
826.008 Certain records not public. (1)
The following are not public records unless
the public interest requires disclosure in the
SDUWLFXODULQVWDQFH except that, if necessary for administrative
 F$SSOLFDWLRQDQGLQIRUPDWLRQUHTXLUHG
(d) Requirements for type, manner of dis-
play, number or any other provision relating
to registration plates, registration cards and
RWKHUSURRIRIUHJLVWUDWLRQ
(e) Any other provision relating to the reg-
LVWUDWLRQRISURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV
(2) When initially registered, the registra-
tion fees for vehicles registered under this
section may be reduced according to the sched-
XOHSURYLGHGXQGHU256
(3) The registration period for proportionally
registered vehicles is a period of four consec-
XWLYHTXDUWHUV7KHSHULRGEHJLQVRQWKHÀUVW
day of any calendar quarter and ends on the
ODVWGD\RIWKHIRXUWKFRQVHFXWLYHTXDUWHU$OO
YHKLFOHVZLWKLQDSURSRUWLRQDOO\UHJLVWHUHGÁHHW
shall be registered for the same registration
SHULRG(DFKFDUULHUPD\VHOHFWWKHFDOHQGDU
quarter in which the registration will begin
 D0LOHDJHLQIRUPDWLRQUHTXLUHGWREHÀOHG convenience, the Department of Transportation
with the Department of Transportation under may require a carrier to adopt a registration
DJUHHPHQWVDXWKRUL]HGE\256 \HDUFKRVHQE\WKHGHSDUWPHQW
 E,QIRUPDWLRQFROOHFWHGE\WKHGHSDUWPHQW
from a motor carrier for the purpose of conduct-
ing an audit under an agreement authorized
E\256
(2) A motor carrier to whom the information
pertains, or a person who has written permis-
sion from the carrier, may inspect information
(4) The department may issue appropriate
registration cards, stickers, permits, tabs,
SODWHVRURWKHUVXLWDEOHLGHQWLÀFDWLRQGHYLFHV
the department considers convenient for pro-
SRUWLRQDOO\UHJLVWHUHGYHKLFOHV7KHIHHVIRU
such stickers, permits, tabs or plates are as
SURYLGHGXQGHU256
GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(3) The department, upon request or as
required by law, shall disclose information
from the records described in subsection (1)
of this section to a government agency for use
LQFDUU\LQJRXWLWVJRYHUQPHQWDOIXQFWLRQV
>F†@
826.009 Proportional registration of
commercial vehicles. Proportional regis-
tration allows commercial vehicles to comply
with registration requirements of more than
one jurisdiction and to have registration fees,
WD[HVRURWKHUÀ[HGIHHVDSSRUWLRQHGDPRQJ
the jurisdictions in which the vehicles are
EHLQJRSHUDWHG$YHKLFOHPD\EHUHJLVWHUHG
(5) Any applicant whose application for pro-
portional registration under this section has
been accepted by the department shall preserve
the records on which the application is based
for a period of four years following the year
or the period upon which said application is
EDVHG8SRQUHTXHVWRIWKHGHSDUWPHQWWKH
applicant shall make such records available to
WKHGHSDUWPHQWDWLWVRIÀFHIRUDXGLWDVWRDFFX-
racy of mileage, number of vehicles, weights,
computations and payment of fees or shall pay
the reasonable costs of an audit at the home
RIÀFHRIWKHDSSOLFDQWE\DGXO\DSSRLQWHGUHS-
UHVHQWDWLYHRIWKHGHSDUWPHQW$QDSSOLFDQW
shall comply with any audit provisions under
WKHDJUHHPHQWDOORZLQJWKHUHJLVWUDWLRQ
under proportional registration if the vehicle
TXDOLÀHVIRUSURSRUWLRQDOUHJLVWUDWLRQXQGHUDQ
DJUHHPHQWHQWHUHGLQWRXQGHU256
,IDYHKLFOHLVJRLQJWREHSURSRUWLRQDOO\UHJ-
LVWHUHGDVSDUWRIDÁHHW256PXVW
EHFRPSOLHGZLWKLQDGGLWLRQWRWKLVVHFWLRQ
 ,IDSURYLVLRQFRQFHUQLQJWKHUHJLVWUDWLRQ
of vehicles is not provided under the agreement
or under this section, provisions of the vehicle
code applicable to registration shall be appli-
FDEOHWRSURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV
A vehicle is registered in this state if the  ,IDYHKLFOHTXDOLÀHVIRUSURSRUWLRQDOUHJ-
istration, the department may issue temporary

Page 507 (2015 Edition)

 OREGON VEHICLE CODE
proportional registration permits under ORS
 WR DOORZ RSHUDWLRQ RI WKH YHKLFOHV
pending issuance of evidence of proportional
UHJLVWUDWLRQ
(8) The department may allow a carrier
to operate on expired registration plates and
registration for up to one extra quarter if the
renewal application has been submitted and
the required fees for registration have been
paid on or before the last day of the registration
SHULRGIRUWKHYHKLFOHV7KHH[WHQVLRQRIWLPH
allowed by this subsection shall be granted
only if the department determines that the
extension is necessary for the administrative
FRQYHQLHQFHRIWKHGHSDUWPHQW
 3URSRUWLRQDOÁHHWUHJLVWUDWLRQ
$Q\UHJLVWUDQWRIDÁHHWRIFRPPHUFLDOYHKLFOHV
that are operated in this state and in other
MXULVGLFWLRQVPD\UHJLVWHUWKHÁHHWXQGHUSUR-
SRUWLRQDOÁHHWUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
in lieu of registering the vehicles as provided
XQGHUWKHYHKLFOHFRGHLIWKHÁHHWTXDOLÀHV
IRUSURSRUWLRQDOÁHHWUHJLVWUDWLRQXQGHUWKLV
VHFWLRQ3URSRUWLRQDOÁHHWUHJLVWUDWLRQDOORZV
ÁHHWVRIFRPPHUFLDOYHKLFOHVWRFRPSO\ZLWK
registration requirements of more than one
jurisdiction and to have registration fees,
WD[HVRURWKHUÀ[HGIHHVDSSRUWLRQHGDPRQJ
the jurisdictions in which vehicles from the
ÁHHWDUHEHLQJRSHUDWHG7KHIROORZLQJDSSO\
WRSURSRUWLRQDOÁHHWUHJLVWUDWLRQ
 9HKLFOHVUHJLVWHUHGDQGLGHQWLÀHGXQGHU
this section shall be deemed to be fully regis-
tered in this state for any type of movement
or operation, except that in these instances in
which a grant of authority is required for intra-
state movement or operation, no such vehicle
shall be operated in intrastate commerce in
(1) A vehicle may be registered under propor-
WLRQDOÁHHWUHJLVWUDWLRQLIWKHYHKLFOHTXDOLÀHV
for proportional registration under an agree-
PHQWHQWHUHGLQWRXQGHU256DQGLI
WKHYHKLFOHLVSDUWRIDÁHHWWKDWTXDOLÀHVXQGHU
WKLVVHFWLRQ
this state unless the owner thereof has been
granted intrastate authority or right by the
department and unless said vehicle is being
operated in conformity with such authority
DQGULJKWV
(10) Registration cards may be issued for
 ([FHSWDVSURYLGHGLQWKLVVHFWLRQWKH
terms of an agreement established under ORS
DQGWKHSURYLVLRQVRI256
FRQWURODOORIWKHSURYLVLRQVRISURSRUWLRQDOÁHHW
registration, including but not limited to, the
IROORZLQJ
SURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV5HJLVWUD-  D4XDOLÀFDWLRQ
tion cards issued for proportionally registered (b) Apportionment of fees, taxes and other
vehicles shall be carried on the vehicle at all À[HGIHHV
times or, in the case of a combination of vehi-
cles, the registration card for a trailer may  F$SSOLFDWLRQDQGLQIRUPDWLRQUHTXLUHG
be carried in the vehicle supplying the motive (d) Requirements for type, manner of dis-
SRZHU play, number or any other provision relating
 ,QDFFRUGDQFHZLWKSURYLVLRQVRIWKH
agreement establishing proportional registra-
tion, the department may suspend or cancel
WKHH[HPSWLRQVEHQHÀWVRUSULYLOHJHVJUDQWHG
thereunder to a person who violates any of
the conditions or terms of such agreements
to registration plates, registration cards and
RWKHUSURRIRIUHJLVWUDWLRQ
(e) Any other provision relating to the reg-
istration or titling of proportionally registered
YHKLFOHV
or arrangements or who violates the laws of
this state relating to vehicles or regulations
ODZIXOO\SURPXOJDWHGWKHUHXQGHU
(12) A vehicle may be registered under this
VHFWLRQSULRUWRLVVXDQFHRIDFHUWLÀFDWHRIWLWOH
IRUWKHYHKLFOH>)RUPHUO\@
826.010 Quarterly payment of reg-
istration fees for vehicles registered
under ORS 826.009. (1) Registration fees
for commercial vehicles registered under the
proportional registration provisions of ORS
PD\EHSDLGTXDUWHUO\SURYLGHGWKDW GHSDUWPHQWFRQVLGHUVFRQYHQLHQW7KHIHHIRU
(a) The amount of Oregon apportioned reg-
istration fees for the carrier exceeds $1,000
per year; and
 ,QRUGHUWRUHJLVWHUYHKLFOHVXQGHUSUR-
SRUWLRQDOÁHHWUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
WKHYHKLFOHVPXVWEHSDUWRIDÁHHWWKDWLQFOXGHV
one or more commercial vehicles as designated
E\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(4) The initial application for proportional
ÁHHWUHJLVWUDWLRQVKDOOEHFRPSOHWHGDFFRUG-
ing to interstate agreements or administrative
UXOHV
(5) The department may issue any distinc-
tive proof of registration under this section the
the issuance of plates, stickers or other suit-
DEOHLGHQWLÀFDWLRQIRUSURSRUWLRQDOO\UHJLVWHUHG
ÁHHWVLVDVSURYLGHGXQGHU256
(b) The registration fees are paid in equal
TXDUWHUO\LQVWDOOPHQWV
(2) A carrier that pays in quarterly install-
ments under this section shall pay a $4
DGPLQLVWUDWLYHSURFHVVLQJIHHZLWKWKHÀUVW
 9HKLFOHVDFTXLUHGE\WKHUHJLVWUDQWDIWHU
the commencement of the registration period
and subsequently added to a proportionally
UHJLVWHUHGÁHHWVKDOOEHSURSRUWLRQDOO\UHJ-
istered according to interstate agreements or
DGPLQLVWUDWLYHUXOHV
quarter payment for each year that the carrier
SD\VLQTXDUWHUO\LQVWDOOPHQWV
(3) Authorization for quarterly payment does
QRWDIIHFWWKHUHJLVWUDWLRQSHULRGVSHFLÀHGLQ
256>F†@
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SRUWLRQDOO\ UHJLVWHUHG ÁHHW WKH UHJLVWUDQW
RIVXFKÁHHWVKDOOVRQRWLI\WKHGHSDUWPHQW
on appropriate forms to be prescribed by the
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Page 508 (2015 Edition)

 5(*,675$7,212)&200(5&,$/9(+,&/(6
 

registrant to surrender proportional registra-
WLRQFDUGVDQGVXFKRWKHULGHQWLÀFDWLRQGHYLFHV
issued with respect to such vehicle as the
GHSDUWPHQWPD\GHHPDGYLVDEOH3URFHGXUHV
for obtaining credit for fees paid on vehicles
(a) Trailers with a loaded weight of 8,000
SRXQGVRUOHVV
(b) Special use trailers, travel trailers and
À[HGORDGYHKLFOHV
that are withdrawn from a proportionally reg-  F7RZHGPRWRUYHKLFOHV>)RUPHUO\
LVWHUHGÁHHWDUHSURYLGHGXQGHU256 F†@
 ,QDGGLWLRQWRDQ\JURXQGVIRUGHQLDORI
SURSRUWLRQDOUHJLVWUDWLRQEHQHÀWVXQGHU256
RUDQDJUHHPHQWXQGHU256
the department may deny the registrant of a
SURSRUWLRQDOO\UHJLVWHUHGÁHHWWKHULJKWRIDQ\
IXUWKHUEHQHÀWVXQGHUSURSRUWLRQDOUHJLVWUD-
tion if the department determines that the
person should have prorated more vehicles in
WKLVVWDWH7KHGHQLDOXQGHUWKLVVXEVHFWLRQ
may continue until the fees for such additional
vehicle or vehicles that have been prorated
KDYHEHHQSDLG>)RUPHUO\@
826.013 Registration weight. (1) Vehi-
FOHVUHJLVWHUHGXQGHU256RU
DUHUHTXLUHGWRHVWDEOLVKDUHJLVWUDWLRQ
ZHLJKW
(2) Registration weight is established for the
IROORZLQJSXUSRVHV FRPELQDWLRQZLWKWKHYHKLFOH)RUSXUSRVHV
(a) The registration weight is the weight
used in the declaration of weight under ORS
WRGHWHUPLQHWKHUHJLVWUDWLRQIHHV
XQGHU256DQG256IRUYHKL-
cles required to establish registration weight
XQGHUWKLVVHFWLRQ
(b) A vehicle that is required to establish
registration weight by this section is in viola-
WLRQRI256LIWKHYHKLFOHLVRSHUDWHG
on a highway of this state at a weight in excess
of the registration weight except when carrying
DORDG vehicle has a separate compartment for trans-
826.015 Declaration of weight. A dec-
laration of weight required for purposes of
determining vehicle registration fees shall
FRQWDLQWKHIROORZLQJ
(1) For vehicles registered under ORS
RUXQGHUSURSRUWLRQDOUHJLVWUDWLRQ
SXUVXDQWWR256RUWKHGHF-
laration shall contain the combined weight of
WKHYHKLFOH
(2) For commercial buses, the declaration
shall contain the unloaded weight of the vehicle
plus the unloaded weight of any bus trailer to
EHXVHGLQFRPELQDWLRQZLWKWKHYHKLFOH7KH
declaration shall also indicate the number of
persons, including the driver, to be carried
in the vehicle, plus the number of persons
to be carried on any bus trailer to be used in
of determining the fee for registration of the
YHKLFOHXQGHU256WKH'HSDUWPHQW
of Transportation shall determine the weight
of the vehicle by adding the unloaded weight
of the vehicle, plus the unloaded weight of any
bus trailer to be used in combination with the
vehicle, to a weight determined by multiplying
the maximum seating capacity of the vehicle
plus the maximum seating capacity of any
bus trailer to be used in combination with the
vehicle, including the driver’s seat but exclud-
ing emergency seats, times 170 pounds, if the
 $8QGHUWKHSURYLVLRQVRI256WR porting baggage or express, or 150 pounds, if
 the vehicle has no separate compartment for
WUDQVSRUWLQJEDJJDJHRUH[SUHVV,IWKHYHKLFOH
(B) Of over 105,500 pounds combined weight has a seating capacity that is not arranged for
under a variance permit issued under ORS separate or individual seating, 18 lineal inches
 shall be deemed the equivalent of a passenger
(C) Under a registration weight trip permit VHDW>)RUPHUO\@
LVVXHGXQGHU256RU 826.017 Registration fees for propor-
 '&RQVLVWLQJRIWRZHGPRWRUYHKLFOHV
(3) Registration weight is established at the
time of registration and whenever the vehicle
has been altered or reconstructed by furnish-
ing a declaration of weight described under
256WKDWFRQWDLQVDVWDWHPHQWRIWKH
maximum combined gross weight at which the
vehicle will be operated on the highways of this
state except when carrying loads described
tionally registered vehicles. Registration
IHHVIRUYHKLFOHVUHJLVWHUHGXQGHU256
RUDUHDVSURYLGHGLQ256
IRUYHKLFOHVRIWKHVDPHFODVV7KHIHHV
are for an entire registration period and are
payable when a vehicle is registered and upon
UHQHZDORIUHJLVWUDWLRQ7KH'HSDUWPHQWRI
Transportation shall apportion any fee under
WKLVVHFWLRQWRUHÁHFWWKHQXPEHURITXDUWHUV
UHJLVWHUHG>)RUPHUO\@
XQGHUVXEVHFWLRQERIWKLVVHFWLRQ7KH
maximum registration weight for any vehi- 826.019 International Registration Plan
cle required to establish a registration weight
XQGHUWKLVVHFWLRQLVSRXQGV9HKLFOHV
operating at weights above 105,500 pounds will
operate under a variance permit issued under
256
(4) The weight of a camper, a trailing man-
ufactured structure or the following trailing
vehicles should not be included in the registra-
WLRQZHLJKW department under this section may not exceed
fee. ,QDGGLWLRQWRDQ\RWKHUIHHFROOHFWHG
for registration, the Department of Transporta-
WLRQVKDOOFROOHFWDQ,QWHUQDWLRQDO5HJLVWUDWLRQ
Plan fee from each applicant for proportional
UHJLVWUDWLRQXQGHUWKLVFKDSWHU
(2) The amount of the fee required by this
section shall be calculated annually by the
GHSDUWPHQW7KHWRWDOIHHVFROOHFWHGE\WKH
the amount of any annual fee for membership
LQWKH,QWHUQDWLRQDO5HJLVWUDWLRQ3ODQ7KH

Page 509 (2015 Edition)

 OREGON VEHICLE CODE
department shall determine the amount to be
paid by each applicant by dividing the amount
of any membership fee by the total number
of applications for proportional registration
VXEPLWWHGLQWKHSUHYLRXVFDOHQGDU\HDU
(3) Fees collected under this section shall
be used to pay any membership fees required
E\WKH,QWHUQDWLRQDO5HJLVWUDWLRQ3ODQDJUHH-
ment so long as the state is a signatory to the
DJUHHPHQW>F†@
826.021 Proration of fees for propor-
tionally registered vehicles; adjustment
of fees and registration periods by
department; rules. (1) For vehicles that are
initially registered under proportional reg-
LVWUDWLRQXQGHU256RUWKH
Department of Transportation shall prorate
the fees as provided in this subsection accord-
ing to the registration period elected by the
registrant and approved by the department for
WKHYHKLFOHRUÁHHWRIYHKLFOHV7KHSURUDWLRQRI
fees under this subsection shall be as follows
except that in no case shall the fee on which
2UHJRQIHHVDUHEDVHGEHOHVVWKDQ The department shall issue a registration card
may issue a duplicate or replacement registra-
WLRQFDUGZKHQ
(1) The department receives an application
indicating the loss, mutilation or destruction
of a registration card; and
(2) The fee for issuance of a duplicate or
UHSODFHPHQWFDUGXQGHU256LVSDLG
WRWKHGHSDUWPHQW>)RUPHUO\@
826.027 Transfer of registration;
ZLWKGUDZDORIYHKLFOHIURPÁHHW(1) The
registrant of a vehicle which is proportionally
UHJLVWHUHGXQGHU256RUVKDOO
be permitted to transfer the registration plates
from the vehicle to a like vehicle to be similarly
used if the vehicle is destroyed or permanently
ZLWKGUDZQIURPVHUYLFHZLWKLQWKLVVWDWH7R
make a transfer of registration under this sec-
tion, the registrant of the vehicle shall pay the
Department of Transportation a registration
WUDQVIHUIHHHVWDEOLVKHGXQGHU256
ÀOHDZULWWHQVWDWHPHQWLQGLFDWLQJWKHZLWK-
drawal or destruction with the department and
VXUUHQGHUWKHUHJLVWUDWLRQFDUGIRUWKHYHKLFOH
 D,IWKHYHKLFOHLVUHJLVWHUHGDIWHUWKHH[SL- ZLWKRXWSD\PHQWRIIXUWKHUIHH,IWKHZHLJKWRQ
UDWLRQRIWKHÀUVWTXDUWHURIWKHUHJLVWUDWLRQ WKHFHUWLÀFDWHRIZHLJKWRIWKHYHKLFOHUHFHLYLQJ
period, three-fourths of the fees shall be used the transferred registration exceeds that of the
WRGHWHUPLQHWKH2UHJRQIHHV vehicle destroyed or withdrawn, the registrant
 E ,I WKH YHKLFOH LV UHJLVWHUHG DIWHU WKH must pay registration fees on the increased
H[SLUDWLRQRIWKHÀUVWKDOIRIWKHUHJLVWUDWLRQ ZHLJKW
period, one-half of the fees shall be used to  ,IDYHKLFOHLVSHUPDQHQWO\ZLWKGUDZQ
GHWHUPLQHWKH2UHJRQIHHV IURPDÁHHWWKDWLVSURSRUWLRQDOO\UHJLVWHUHG
 F ,I WKH YHKLFOH LV UHJLVWHUHG DIWHU WKH
expiration of three-fourths of the registration
period, one-fourth of the fees shall be used to
GHWHUPLQHWKH2UHJRQIHHV
(2) The department, by rule, may adjust
registration fees or registration periods for a
vehicle, as is administratively convenient for
WKHGHSDUWPHQWLI
(a) The vehicle is changed from one type of
registration to another type; or
(b) Any other change relating to the regis-
tration of the vehicle is made where it would be
administratively convenient for the department
WRPDNHVXFKDGMXVWPHQWV>)RUPHUO\@
 )HHVIRUFDUGVSODWHVDQGVWLFN-
XQGHU256RUEHFDXVHLWKDV
been destroyed, sold or otherwise completely
removed from the service of the registrant, the
department shall provide credit for the unused
portion of the fees paid according to terms of
LQWHUVWDWHDJUHHPHQWVRULQDPDQQHUGHÀQHG
E\UXOH,QQRHYHQWVKDOODQ\VXFKDPRXQWEH
VXEMHFWWRUHIXQG>)RUPHUO\@
826.029 Temporary proportional
registration permits. The Department of
Transportation may issue temporary pro-
portional registration permits to qualifying
persons pending registration of vehicles under
SURSRUWLRQDOUHJLVWUDWLRQXQGHU256
RUSURSRUWLRQDOÁHHWUHJLVWUDWLRQXQGHU256
DQGLVVXDQFHRIDSSURSULDWHLGHQWLÀ-
FDWLRQGHYLFHV>)RUPHUO\@
HUV7KHIHHIRULVVXDQFHRIDGXSOLFDWHRU
UHSODFHPHQWUHJLVWUDWLRQFDUGLV
(2) The fee for issuance of each original,
replacement or duplicate registration plate
LVDQGLQFOXGHVDUHJLVWUDWLRQFDUGDQG
VWLFNHU
(3) The fee for renewal of a registration plate
LVDQGLQFOXGHVDUHJLVWUDWLRQFDUGDQG
VWLFNHU
(4) The fee for issuance of replacement reg-
LVWUDWLRQVWLFNHUVLV
826.031 Registration for certain vehi-
cles subject to weight mile tax and not
otherwise registered. (1) The owner of a
vehicle that is subject to the tax imposed under
256DQGWKDWLVQRWUHJLVWHUHGXQGHU
the proportional registration provisions of
this chapter and is not registered in any other
jurisdiction shall register the vehicle with the
Department of Transportation if the vehicle is
WREHRSHUDWHGLQWKLVVWDWH5HJLVWUDWLRQXQGHU
this section is in lieu of registration under ORS
FKDSWHU
 ,IDVHFRQGSODWHLVUHTXLUHGIRURQHYHKL-
cle, the fee for the plate or for a sticker for the
SODWHLV>)RUPHUO\F
†@
 'XSOLFDWHRUUHSODFHPHQWUHJLVWUD-
WLRQFDUGV7KH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(2) The department shall determine the form
of application for registration and renewal of
registration and may require any information
that it determines necessary to facilitate the
UHJLVWUDWLRQSURFHVV

Page 510 (2015 Edition)

 5(*,675$7,212)&200(5&,$/9(+,&/(6
 
(3) A vehicle registered under this section is
subject to the insurance requirements of ORS
DQGQRWWRWKHÀQDQFLDOUHVSRQVLELOLW\
UHTXLUHPHQWVRI256FKDSWHU&HUWLÀFD-
WLRQRIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVLELOLW\
UHTXLUHPHQWVDVVSHFLÀHGLQ256LV
not required for renewal of registration of a
YHKLFOHXQGHUWKLVVHFWLRQ
(4) A vehicle registered under this section
shall be deemed to be fully registered in this
state for any type of movement or operation,
except that in those instances in which a grant
of authority is required for intrastate move-
ment or operation, no such vehicle shall be
operated in intrastate commerce in this state
unless the owner thereof has been granted
intrastate authority or right by the depart-
ment and unless the vehicle is being operated
LQFRQIRUPLW\ZLWKVXFKDXWKRULW\DQGULJKWV
(5) A vehicle may be registered under this
VHFWLRQSULRUWRDFHUWLÀFDWHRIWLWOHEHLQJLVVXHG
for the vehicle but nothing in this section
DIIHFWVDQ\UHTXLUHPHQWWKDWDFHUWLÀFDWHRI
WLWOHEHLVVXHG>)RUPHUO\F
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826.033 Application of other registra-
tion provisions of Oregon Vehicle Code
to vehicles registered under this chapter.
The provisions of ORS chapter 803 concerning
the registration of vehicles apply to vehicles
UHJLVWHUHGXQGHUWKLVFKDSWHUXQOHVVDVSHFLÀF
provision of this chapter differs from a compa-
UDEOHSURYLVLRQRI256FKDSWHU>)RUPHUO\
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826.035 Registration identification
devices and cards for vehicles registered
under ORS 826.031. (1) The Department of
Transportation may issue appropriate reg-
istration, stickers, plates or other suitable
LGHQWLÀFDWLRQGHYLFHVWKHGHSDUWPHQWFRQVLGHUV
registration for up to one extra quarter if the
renewal application has been submitted and
the required fees for registration have been
paid on or before the last day of the registration
SHULRGIRUWKHYHKLFOHV7KHH[WHQVLRQRIWLPH
allowed by this subsection shall be granted
only if the department determines that the
extension is necessary for the administrative
FRQYHQLHQFHRIWKHGHSDUWPHQW
(4) Nothing in this section requires the
department to issue registration plates that are
YDOLGIRUOHVVWKDQDRQH\HDUSHULRG$QHOHF-
tion by a carrier to operate in nonconsecutive
quarters of a four-quarter period does not by
itself require the carrier to renew registration
SODWHV>)RUPHUO\@
826.039 Refund of certain registration
fees. (1) The Department of Transportation
shall grant a refund of that portion of the reg-
istration fee applicable to the unexpired portion
of the registration period for a vehicle described
LQ256LIWKHYHKLFOHLVVROGDQG
(a) The seller is an individual and does not
intend to remain in, or within one year to reen-
ter, business as a motor carrier;
(b) Neither the selling person if an individ-
ual nor substantially the same group of persons
if a group intends to register, or within one
year of the date of sale registers, an assumed
business name under the provisions of ORS
FKDSWHUIRUWKHSXUSRVHRIGRLQJEXVLQHVV
as a motor carrier; or
(c) Neither the selling person if an individual
nor substantially the same group of persons if
a group intends to organize, or within one year
from the date of sale organizes, as a corpora-
WLRQXQGHUWKHSURYLVLRQVRI256FKDSWHU
for the purpose of doing business as a motor
FDUULHU
convenient for vehicles registered under ORS
7KHIHHVIRUVXFKVWLFNHUVRUSODWHV
DUHDVSURYLGHGLQ256
(2) Registration cards may be issued for
YHKLFOHVUHJLVWHUHGXQGHU2565HJ-
istration cards issued for the vehicles shall be
FDUULHGRQWKHYHKLFOHDWDOOWLPHV>)RUPHUO\
@
826.037 Annual or quarterly regis-
tration under ORS 826.031. (1) Vehicles
UHJLVWHUHGXQGHU256PD\EHUHJLV-
WHUHGXQGHUVWDJJHUHGUHJLVWUDWLRQ
(2) For purposes of this section, staggered
UHJLVWUDWLRQVWDUWVRQWKHÀUVWGD\RIDQ\FDO-
endar quarter and runs through the last day
of the last calendar quarter in the registration
SHULRG7KHQXPEHURIFDOHQGDUTXDUWHUVLQD
registration period is elected by the vehicle
owner at the time of registration except that
a person may not establish a staggered regis-
WUDWLRQSHULRGRIPRUHWKDQIRXUTXDUWHUV
(3) The Department of Transportation may
DOORZDFDUULHUUHJLVWHUHGXQGHU256
to operate on expired registration plates and
Page 511
 ,IWKHGHSDUWPHQWJUDQWVDUHIXQGWR
a person or entity that attempts to reenter
business as a motor carrier within one year
of the date of the sale that led to the refund,
the department may refuse to issue authority
to the person or entity until the amount of the
UHIXQGKDVEHHQUHSDLG>)RUPHUO\@
826.041 Agents for issuance of registra-
tion and collection of fees. The Department
of Transportation may appoint agents to issue
registration and to collect any fees required
E\WKLVFKDSWHU7KHGHSDUWPHQWVKDOOSUH-
scribe the duties and compensation of such
agents and may require them to give bonds,
in such amount as the department determines
appropriate, conditioned upon the faithful per-
IRUPDQFHRIWKHLUGXWLHV>)RUPHUO\@
TITLE 60
CHAPTERS 827 TO 829
[Reserved for expansion]
_______________
(2015 Edition)
Page 512
Related Laws

Page 513
RELATED LAWS

Page 514 (2015 Edition)

 9,2/$7,216$1'),1(6

Chapter 153

(',7,21
VIOLATIONS AND FINES
PROCEDURE IN CRIMINAL MATTERS GENERALLY

VIOLATIONS (Appeal)
153.121 Appeal
(Generally)
 'HÀQLWLRQV TRAFFIC OFFENSES
153.008 Violations described
153.530 Designation of speed in complaint
153.012 Violation categories and summons charging violation of
 8QFODVVLÀHGDQGVSHFLÀFÀQH basic speed rule or speed limit
violations 153.535 Delivery of summons for certain traf-
 0D[LPXPÀQHV ÀFRIIHQVHV
 3UHVXPSWLYHÀQHVJHQHUDOO\ 153.624 Costs for obtaining driving records
 3UHVXPSWLYHÀQHVKLJKZD\ZRUN
zones, school zones and safety
DISPOSITION OF FINES AND COSTS
corridors
IMPOSED IN CRIMINAL ACTION
 0LQLPXPÀQHVDXGLWRIFRXUW
153.022 Authority of agency to specify rule 153.633 Distribution to state
violation as particular level of  'LVSRVLWLRQRIÀQHVIRUWUDIÀF
violation offenses; circuit court
153.025 Authority of political subdivision to  'LVSRVLWLRQRIÀQHVIRUWUDIÀF
specify ordinance violation as partic- offenses; justice court
ular level of violation  'LVSRVLWLRQRIÀQHVIRUWUDIÀF
offenses; municipal court
(Procedures)
 'LVSRVLWLRQRIÀQHVIRUPDVVWUDQVLW
153.030 Applicability; statute of limitations district ordinance violations
153.033 Rules of procedure 153.660 Use of amounts paid to county
treasurer
153.036 Venue
153.675 Disposition of amounts payable to
153.039 Stop and detention for violation state and local governments
153.042 Citations; issuance 153.680 Costs
153.045 Citation; requirements
153.048 Complaint; requirements
MISCELLANEOUS
153.051 Summons; requirements
 6HUYLFHDQGÀOLQJ  (OHFWURQLFÀOLQJRIFLWDWLRQIRU
offenses subject to written uniform
153.058 Initiation of violation proceeding by citation
private party
153.772 Suspension of driving privileges for
153.061 Appearance by defendant failure to appear; limitation on dis-
153.064 Warrant for arrest upon failure to trict attorney’s authority
appear

(Trial) VIOLATIONS BUREAU

153.070 When trial required  9LRODWLRQV%XUHDXXQLIRUPÀQH

schedule
153.073 Time and place
153.076 Conduct of trial
MULTNOMAH COUNTY PARKING
 7HVWLPRQ\E\DIÀGDYLWRUGHFODUDWLRQ VIOLATION PROCEDURES
 5ROHRISHDFHRIÀFHU
153.820 Special procedures for parking viola-
(Judgment) tions in Multnomah County

153.090 Provisions of judgment

PENALTIES
 6XVSHQVLRQRIÀQHLQFHUWDLQFDVHV
153.099 Entry; nondefault cases  3HQDOW\IRUIDOVHFHUWLÀFDWLRQ
153.102 Entry; default cases 153.992 Penalty for failure to appear
153.105 Relief from default judgment
153.108 Effect of judgment
153.111 Distribution of abstracts of
convictions

Related Laws Page 515 (2015 Edition)

 RELATED LAWS

Related Laws 3DJH (2015 Edition)

 9,2/$7,216$1'),1(6  

VIOLATIONS long as the punishment does not include a term

RILPSULVRQPHQW
(Generally) (d) The prosecuting attorney has elected to
153.005 Definitions. As used in this treat the offense as a violation for purposes of
FKDSWHU a particular case in the manner provided by
256
 ´(QIRUFHPHQWRIÀFHUµPHDQV
(e) The court has elected to treat the offense
 D$PHPEHURIWKH2UHJRQ6WDWH3ROLFH as a violation for purposes of a particular case
 E$VKHULIIRUGHSXW\VKHULII LQWKHPDQQHUSURYLGHGE\256
(c) A city marshal or a member of the (2) Conviction of a violation does not give
police of a city, municipal or quasi-municipal rise to any disability or legal disadvantage
FRUSRUDWLRQ EDVHGRQFRQYLFWLRQRIDFULPH>F†@
 G$SROLFHRIÀFHUFRPPLVVLRQHGE\DXQL- 153.012 Violation categories. Violations
YHUVLW\XQGHU256RU DUHFODVVLÀHGIRUWKHSXUSRVHRIVHQWHQFLQJLQWR
WKHIROORZLQJFDWHJRULHV
(e) An investigator of a district attorney’s
RIÀFHLIWKHLQYHVWLJDWRULVRUKDVEHHQFHUWLÀHG (1) Class A violations;
DVDSHDFHRIÀFHULQWKLVRUDQ\RWKHUVWDWH (2) Class B violations;
(f) An investigator of the Criminal Justice (3) Class C violations;
Division of the Department of Justice of the
6WDWHRI2UHJRQ (4) Class D violations;
 J$3RUWRI3RUWODQGSHDFHRIÀFHU  8QFODVVLÀHGYLRODWLRQVDVGHVFULEHGLQ
256DQG
 K$KXPDQHVSHFLDODJHQWDVGHÀQHGLQ
256$  6SHFLÀFÀQHYLRODWLRQVDVGHVFULEHGLQ
256>F†@
(i) A regulatory specialist exercising author-
LW\GHVFULEHGLQ256  8QFODVVLÀHGDQGVSHFLÀFÀQH
violations. (1) An offense described in the
 M$QDXWKRUL]HGWULEDOSROLFHRIÀFHUDV Oregon Revised Statutes that is designated
GHÀQHGLQ256$ as a violation but does not specify the clas-
 N$Q\RWKHUSHUVRQVSHFLÀFDOO\DXWKRUL]HG VLÀFDWLRQRIWKHYLRODWLRQLVDQXQFODVVLÀHG
by law to issue citations for the commission of YLRODWLRQ$QXQFODVVLÀHGYLRODWLRQLVD&ODVV
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A, B, C or D violation;
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proceeding initiated by issuance of a citation  E,VQRWSXQLVKDEOHE\DWHUPRILPSULVRQ-
that charges a person with commission of a ment as a penalty for committing the offense;
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153.008 Violations described. ([FHSW  0D[LPXPÀQHV(1) The penalty
as provided in subsection (2) of this section, IRUFRPPLWWLQJDYLRODWLRQLVDÀQH7KHODZ
an offense is a violation if any of the following creating a violation may impose other penalties
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(a) The offense is designated as a violation RILPSULVRQPHQW
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the offense provides that the offense is pun- LQGLYLGXDOLV
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offense is punishable by a term of imprison-
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(c) The offense is created by an ordinance
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division of this state with authority to create maximum amount otherwise established by
offenses, and the ordinance provides that viola- ODZIRUWKHVSHFLÀFÀQHYLRODWLRQ
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does not provide that the offense is punishable the law creating the violation, the sentence to
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Related Laws Page 517 (2015 Edition)

 RELATED LAWS

ODZLIDVSHFLDOFRUSRUDWHÀQHLVQRWVSHFLÀHG (3) This section does not affect the manner

in the law creating the violation, the maximum in which a court imposes or reduces monetary
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LV (4) The Department of Revenue or Secre-
 DIRUD&ODVV$YLRODWLRQ tary of State may audit any court to determine
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 GIRUD&ODVV'YLRODWLRQ>F may audit any court to determine whether
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RI 256  WR  DQG  WR
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 FIRUD&ODVV&YLRODWLRQ 153.022 Authority of agency to specify
 GIRUD&ODVV'YLRODWLRQ rule violation as particular level of vio-
lation. ,IDVWDWXWHSURYLGHVWKDWYLRODWLRQRI
 7KHSUHVXPSWLYHÀQHIRUDVSHFLÀFÀQH the rules of an agency constitutes an offense,
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 D7KHDPRXQWVSHFLÀHGE\VWDWXWHDVWKH
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(b) An amount equal to the greater of 20
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 3UHVXPSWLYHÀQHVKLJKZD\
work zones, school zones and safety cor-
ridors. ,IDSHUVRQLVFKDUJHGZLWKDWUDIÀF
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is a Class A, B, C or D violation under the
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153.025 Authority of political subdi-
vision to specify ordinance violation as
on the citation that the offense occurred in a particular level of violation. ,IDVWDWXWH
highway work zone and is subject to the pro- provides that violation of the ordinances of a
YLVLRQVRI256RFFXUUHGLQDSRVWHG political subdivision of this state constitutes an
school zone and is subject to the provisions of RIIHQVHDVGHVFULEHGLQ256WKHSROLW-
256RURFFXUUHGLQDVDIHW\FRUULGRU ical subdivision may by ordinance specify that
DQGLVVXEMHFWWRWKHSURYLVLRQVRI256 YLRODWLRQRIDVSHFLÀFRUGLQDQFHRIWKHSROLWLFDO
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 IRUD&ODVV&YLRODWLRQ subdivision may specify that violation of the
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may not defer, waive, suspend or otherwise (2) Nothing in this section requires a
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itations. (1) The procedures provided for in
 ([FHSWDVRWKHUZLVHSURYLGHGE\ODZD
court may not defer, waive, suspend or other-
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to an amount that is less than 20 percent of
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this chapter apply to violations described in
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in this chapter, the criminal procedure laws
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Related Laws Page 518 (2015 Edition)

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of this chapter and of the criminal procedure
laws of this state do not apply to violations
that govern the parking of vehicles and that
DUHFUHDWHGE\RUGLQDQFHRUE\DJHQF\UXOH
(3) The statute of limitations for proceed-
(b) Any other county whose county seat is a
shorter distance by road from the place where
the violation was committed than is the county
seat of the county in which the violation was
FRPPLWWHG
ings under this chapter is as provided in ORS  D,IDYLRODWLRQSURFHHGLQJLVFRPPHQFHG
 in the county in which the violation was com-
(4) This chapter does not affect the ability mitted, the proceeding may be commenced in
RIDFLW\GHVFULEHGLQ256WRHQJDJH a circuit or justice court of the county or, if the
LQWKHDFWLYLWLHVGHVFULEHGLQ256 violation was committed within a city, in the
Nothing in this chapter affects the ability of PXQLFLSDOFRXUW
any other political subdivision of this state to  E,IDYLRODWLRQSURFHHGLQJLVFRPPHQFHG
provide for the administrative enforcement in a county other than the county in which the
of the charter, ordinances, rules and regu- violation was committed, the proceeding may
lations of the political subdivision, including EHFRPPHQFHG
enforcement through imposition of monetary
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parking of vehicles, administrative enforce-
ment as described in this subsection may not
be used for any prohibition designated as an
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(B) Notwithstanding the provisions of ORS
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courts to offenses committed within the county,
in a justice court; or
(5) Nothing in this chapter affects the abil-  &,IWKHYLRODWLRQZDVFRPPLWWHGZLWKLQD
ity of any political subdivision of this state FLW\LQWKHPXQLFLSDOFRXUWRIWKHFLW\
to establish rules relating to administrative
enforcement as described in subsection (4) of
this section, including rules providing for the
use of citations or other procedures for initiat-
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 D ([FHSW DV RWKHUZLVH SURYLGHG LQ
paragraph (b) of this subsection, if a violation
proceeding is commenced in a county other
than the county in which the violation was
committed, at the request of the defendant the
 1RWKLQJLQWKLVFKDSWHUDIIHFWVWKHDELOLW\
of any political subdivision of this state to con-
duct hearings for administrative enforcement
as described in subsection (4) of this section,
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(7) Nothing in this chapter affects the abil-
ity of any political subdivision to bring a civil
action to enforce the charter, ordinances, rules
and regulations of the political subdivision, or
place of trial may be changed to the county in
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for a change of the place of trial shall be made
prior to the date set for the trial and shall be
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(b) A defendant may not request that the
place of trial be changed if the violation was
committed within a city and the proceeding is
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to bring a civil action to enforce any order for  ([FHSWDVVSHFLÀFDOO\SURYLGHGLQWKLV
administrative enforcement as described in section, venue in violation proceedings in
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authority of any political subdivision of this F†@
state to provide for issuance of citations for vio- 153.039 Stop and detention for viola-
lation of offenses created by ordinance on the
same basis as the political subdivision could
under the law in effect immediately before
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tion. $QHQIRUFHPHQWRIÀFHUPD\QRWDUUHVW
stop or detain a person for the commission of a
violation except to the extent provided in this
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153.033 Rules of procedure. The Supreme
Court may adopt rules for the conduct of vio-
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Supreme Court under this section must be
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Rules adopted under this section supersede
any local rule of a state court to the extent the
local rule is inconsistent with the rule adopted
E\WKH6XSUHPH&RXUW$OOFLW\RUGLQDQFHVDQG
 $QHQIRUFHPHQWRIÀFHUPD\VWRSDQG
GHWDLQDQ\SHUVRQLIWKHRIÀFHUKDVUHDVRQ-
able grounds to believe that the person has
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may stop and detain any employee, agent or
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municipal court rules must conform to any  ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
rules adopted by the Supreme Court under this section, the period of detention may be
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153.036 Venue. (1) A violation proceeding  D(VWDEOLVKWKHLGHQWLW\RIWKHSHUVRQÀUP
PD\EHFRPPHQFHGLQ corporation or organization believed to have
committed the violation;
(a) The county in which the violation was
committed; or (b) Conduct any investigation reasonably
related to the violation; and

Related Laws Page 519 (2015 Edition)

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 F,VVXHDFLWDWLRQIRUWKHYLRODWLRQ (a) The name of the court, the name of the

 7KHDXWKRULW\RIDQHQIRUFHPHQWRIÀFHUWR state or of the city or other public body in whose
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153.042 Citations; issuance. ([FHSW tion that can be readily understood by a person
DVSURYLGHGLQ256IRULVVXDQFHRID making a reasonable effort to do so and the
FLWDWLRQEDVHGRQDWUDIÀFYLRODWLRQDVWKDW date, time and place at which the violation is
WHUPLVGHÀQHGLQ256RUDVRWKHUZLVH DOOHJHGWRKDYHEHHQFRPPLWWHG
VSHFLÀFDOO\SURYLGHGE\ODZDQHQIRUFHPHQW  F $ FHUWLÀFDWH XQGHU 256  
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conduct alleged to constitute a violation takes
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grounds to believe that the conduct constitutes
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requirements of this section, the court shall
set the complaint aside upon motion of the
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pretrial ruling on a motion to set aside may be
 ,IWKHSHUVRQUHFHLYLQJWKHFLWDWLRQLVD
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citation may be issued to an employee, agent
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153.045 Citation; requirements. (1)
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(3) A court may amend a complaint in its
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tion, a citation conforming to the requirements
of this section must be used by enforcement
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tain other language in addition to the language
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(2) Uniform citation forms for violations
shall be adopted by the Supreme Court under
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Supreme Court may combine the requirements
for violation citations under this section and
the requirements for criminal citations under
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charged on a single citation form, but a crime
and a violation may not be charged on the same
(1) The name of the court, the name of the
person cited, the date on which the citation
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issuing the citation, and the time and place at
ZKLFKWKHSHUVRQFLWHGLVWRDSSHDULQFRXUW
(2) A statement or designation of the viola-
tion that can be readily understood by a person
making a reasonable effort to do so and the
date, time and place at which the violation is
DOOHJHGWRKDYHEHHQFRPPLWWHG
(3) A notice to the person cited that a com-
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(3) A violation citation shall consist of at
OHDVW IRXU SDUWV $GGLWLRQDO SDUWV PD\ EH (5) A statement notifying the person that
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SDUWVDUH the person for up to the maximum amount of
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(a) A complaint in the form prescribed by for the violation if the person fails to make all
256 UHTXLUHGDSSHDUDQFHVDWWKHSURFHHGLQJV
 E7KHDEVWUDFWRIFRXUWUHFRUG  $VWDWHPHQWQRWLI\LQJWKHSHUVRQWKDWLI
 F7KHSROLFHUHFRUG the person pleads no contest and delivers to the
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(d) A summons in the form prescribed by cated on the citation, and the court accepts the
256 SOHDWKHDPRXQWRIWKHÀQHLPSRVHGDJDLQVW
  (DFK RI WKH SDUWV VKDOO FRQWDLQ WKH
information or blanks required by rules of the
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(5) The complaint shall contain a form of cer-
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certify, under the penalties provided in ORS
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cient grounds to believe, and does believe, that
the person named in the complaint committed
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153.048 Complaint; requirements. (1)
The complaint in a violation citation must con-
WDLQDWOHDVWWKHIROORZLQJ if the person pleads not guilty and requests a
the defendant may not exceed the amount of
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(7) A statement notifying the person that,
if the person pleads no contest and delivers to
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(a) The person may submit an explanation
of the circumstances of the violation; and
(b) The court may consider the explanation
LQHVWDEOLVKLQJWKHDPRXQWRIWKHÀQHEXWLQ
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(8) A statement notifying the person that,

Related Laws Page 520 (2015 Edition)

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WULDOWKHFRXUWFDQQRWLPSRVHDÀQHWKDWLVOHVV
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 6HUYLFHDQGÀOLQJ([FHSWDV
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cer issuing a violation citation shall cause the
summons to be delivered to the person cited
and shall cause the complaint and abstract of
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F†@
153.058 Initiation of violation proceed-
ing by private party. (1) A person other than
DQHQIRUFHPHQWRIÀFHUPD\FRPPHQFHDYLR-
ODWLRQSURFHHGLQJE\ÀOLQJDFRPSODLQWZLWK
a court that has jurisdiction over the alleged
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proceeding against the defendant named in
the complaint; and
(b) The proceeding is brought by the district
attorney or city attorney by reason of the same
FRQGXFWDOOHJHGLQWKHFRPSODLQW
(7) Any political subdivision of this state may
require by ordinance that violation proceed-
ings for the purpose of enforcing the charter
or ordinances of the political subdivision may
not be commenced in the manner provided by
this section and that those proceedings may
EHFRPPHQFHGRQO\E\HQIRUFHPHQWRIÀFHUV
(8) A person other than an enforcement
RIÀFHUPD\FRPPHQFHDYLRODWLRQSURFHHGLQJ
XQGHUWKLVVHFWLRQRQO\IRU
(a) Boating violations under ORS chapter
830, or any violation of rules adopted pursuant
to ORS chapter 830 if the violation constitutes
an offense;
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(2) A complaint under this section must
FRQWDLQ pursuant to those chapters if the violation con-
(a) The name of the court, the name and
address of the person bringing the action and
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(b) A statement or designation of the viola-
tion that can be readily understood by a person
 E7UDIÀFYLRODWLRQVXQGHU256FKDSWHUV
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stitutes an offense;
(c) Violations under the wildlife laws, as
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of rules adopted pursuant to those laws if the
violation constitutes an offense;
making a reasonable effort to do so and the  G9LRODWLRQVXQGHUWKHFRPPHUFLDOÀVKLQJ
date, time and place at which the violation is ODZVDVGHVFULEHGLQ256RUDQ\YLR-
DOOHJHGWRKDYHRFFXUUHG lation of rules adopted pursuant to those laws
if the violation constitutes an offense; or
 F$FHUWLÀFDWHVLJQHGE\WKHFRPSODLQDQW
stating that the complainant believes that the
named defendant committed the violation spe-
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the complainant has reasonable grounds for
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violation of rules adopted pursuant to those
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153.061 Appearance by defendant. (1)
section shall be deemed equivalent of a sworn ([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
FRPSODLQW&RPSODLQWVÀOHGXQGHUWKLVVHFWLRQ section, a defendant who has been issued a
are subject to the penalties provided in ORS YLRODWLRQFLWDWLRQPXVWHLWKHU

 D0DNHDÀUVWDSSHDUDQFHE\SHUVRQDOO\
 8SRQWKHÀOLQJRIDFRPSODLQWXQGHUWKLV appearing in court at the time indicated in the
section, the court shall cause a summons to be summons; or
delivered to the defendant and shall deliver a
copy of the complaint to the district attorney  E0DNHDÀUVWDSSHDUDQFHLQWKHPDQQHU
IRUWKHFRXQW\LQZKLFKWKHFRPSODLQWLVÀOHG provided in subsection (3) of this section before
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requirements of this section, the court shall
set it aside upon motion of the defendant made
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a motion to set aside may be appealed by the
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contributed to an accident and that the cited
offense appears to have contributed to the
serious physical injury or death of a vulner-
DEOHXVHURIDSXEOLFZD\WKHRIÀFHUPD\QRW
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the summons and the defendant must make a
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under this section upon the motion of the defendant who has been issued a violation
district attorney for the county or of the city FLWDWLRQPD\PDNHDÀUVWDSSHDUDQFHLQWKH
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Related Laws Page 521 (2015 Edition)

 RELATED LAWS
(b) The defendant may enter a plea of no
contest by delivering to the court the summons
and a check or money order in the amount of
WKHSUHVXPSWLYHÀQHVHWIRUWKLQWKHVXPPRQV
The entry of a plea under the provisions of this
paragraph constitutes a waiver of trial and
consent to the entry of a judgment forfeiting
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this section is not subject to the requirements
of ORS chapter 135 relating to the entry of
pleas and, upon receipt of the plea, the court
may enter judgment against the defendant
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(4) The court may require that a defendant
requesting a trial under subsection (3) of this
section deposit an amount equal to the pre-
VXPSWLYHÀQHHVWDEOLVKHGXQGHU256
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determines appropriate if the defendant has
failed to appear in any court on one or more
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court, the defendant must personally appear
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The amount deposited by the defendant may
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court, and any amount not so applied shall be
refunded to the defendant at the conclusion of
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(5) The court may require a defendant to
appear personally in any case, or may require
WKDWDOOGHIHQGDQWVDSSHDULQVSHFLÀHGFDWHJR-
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appear at any other subsequent time set for
trial or other appearance, the court may issue
an order that requires the defendant to appear
and show cause why the defendant should not
EHKHOGLQFRQWHPSW7KHVKRZFDXVHRUGHUPD\
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accomplished by mail, the defendant must be
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show cause order, the court may issue an arrest
warrant for the defendant for the purpose of
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153.070 When trial required. The court
may require that a trial be held in any violation
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the court or by law, the court shall set a date,
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153.073 Time and place. Unless notice is
waived by the defendant, the court shall mail
or otherwise provide to the defendant notice
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contain a warning to the defendant that if the
defendant fails to appear at the trial, the driv-
ing privileges of the defendant are subject to
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plea in the manner provided in subsection (3)
of this section, and the court determines that
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of previous convictions of the defendant, the
nature of the offense charged or other circum-
stances, the court may require that a trial be
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153.076 Conduct of trial. (1) Violation
proceedings shall be tried to the court sitting
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ing may not be scheduled fewer than seven
days after the date that the citation is issued
unless the defendant waives the seven-day
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(2) The state, municipality or political sub-
division shall have the burden of proving the
charged violation by a preponderance of the
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subsequent time set for trial or other appear-
ance, the driving privileges of the defendant
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(5) Defense counsel shall not be provided
at public expense in any proceeding in which
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153.064 Warrant for arrest upon failure aid in preparing evidence and obtaining wit-
to appear. ([FHSWDVSURYLGHGLQVXEVHF-
tion (2) of this section, a warrant for arrest may
be issued against a person who fails to make
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or fails to appear at any other subsequent time
set for trial or other appearance, only if the
person is charged with failure to appear in a
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nesses but, except upon good cause shown to
the court, shall not appear in violation proceed-
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The court shall ensure that the district attor-
ney or city attorney is given timely notice if
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 ,IDSHUVRQIDLOVWRPDNHDÀUVWDSSHDU- laration. (1) Notwithstanding any other
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Related Laws Page 522 (2015 Edition)

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evidence in any trial in a violation proceeding (d) Remission of any balance of a presump-
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of taking the testimony of the witness orally  H$Q\RWKHUSURYLVLRQDXWKRUL]HGE\ODZ
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court orders restitution in a default judgment
 D7HVWLPRQ\PD\QRWEHSUHVHQWHGE\DIÀ- HQWHUHGXQGHU256DGHIHQGDQWPD\
davit or declaration under the provisions of allege an inability to pay the full amount of
this section unless the court has adopted rules monetary sanctions imposed, including res-
providing procedures for the introduction and titution, and request a hearing to determine
XVHRIWHVWLPRQ\E\DIÀGDYLWRUGHFODUDWLRQ whether the defendant is unable to pay or to
 E7KHFRXUWVKDOODOORZWHVWLPRQ\E\DIÀ-
davit or declaration under this section only
upon receiving a signed statement from the
defendant waiving the right to have the testi-
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ten request with the court within one year
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set a hearing on the issue of the defendant’s
ability to pay upon receipt of the request and
 F7HVWLPRQ\E\DIÀGDYLWRUGHFODUDWLRQ VKDOOJLYHQRWLFHWRWKHGLVWULFWDWWRUQH\7KH
under this section is not subject to objection district attorney shall give notice to the victim
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court may determine a payment schedule for
(d) A statement signed by the defendant monetary sanctions imposed, including res-
under paragraph (b) of this subsection does not titution ordered under this subsection, if the
FRQVWLWXWHDZDLYHURIWULDOXQOHVVWKHDIÀGDYLWdefendant establishes at the hearing that the
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(e) Nothing in this section requires that WXWLRQLQIXOO
the defendant or any other witness waive the  ,IDWULDOLVKHOGLQDYLRODWLRQSURFHHGLQJ
right to appear if other testimony is introduced or a default judgment is entered against the
E\DIÀGDYLWRUGHFODUDWLRQDVSURYLGHGLQWKLV GHIHQGDQWXQGHU256WKHFRXUWPD\
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means a declaration under penalty of perjury FRQWHVWXQGHU256DQGWKHFRXUW
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against the defendant by the court may not
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of a violation, whether created by ordinance
or statute, in which a city attorney or district (4) A judge may suspend operation of any
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who issued the citation for the offense may upon condition that the defendant pay the non-
present evidence, examine and cross-examine VXVSHQGHGSRUWLRQRIDÀQHZLWKLQDVSHFLÀHG
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(1) The application of statutes and rules to VSHFLÀHGSHULRGRIWLPHWKHVXVSHQGHGSRU-
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rules at issue in the case; SHQGHGSRUWLRQRIWKHÀQHEHFRPHVLPPHGLDWHO\
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(3) The admissibility of evidence; and
(5) The court may not issue notice to the
 3URSHUSURFHGXUHVWREHXVHGLQWKHWULDODepartment of Transportation to suspend the
>F†F†F†@ defendant’s driving privileges unless a trial
Note  ZDV HQDFWHG LQWR ODZ E\ KDVEHHQUHTXLUHG7KHIDLOXUHRIWKHGHIHQ-
the Legislative Assembly but was not added dant to appear at the trial does not prevent the
to or made a part of ORS chapter 153 or any court from issuing notice to the department to
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ace to Oregon Revised Statutes for further
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153.090 Provisions of judgment. (1) 
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ecution of the defendant for the crime of failure
to appear in a violation proceeding under ORS
Judgments entered under this chapter may   ,I D SHUVRQ KHOG FRPPHUFLDO GULYLQJ
LQFOXGH SULYLOHJHVDVGHVFULEHGLQ256DWWKH
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not defer entry of a judgment or allow an indi-
(b) Costs and restitution authorized by law; vidual to enter into a diversion program that
 F$UHTXLUHPHQWWKDWWKHÀQHFRVWVDQG ZRXOGSUHYHQWDFRQYLFWLRQIRUDWUDIÀFRIIHQVH
restitution, if any, be paid out of the presump- from appearing on the driving record of the
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Related Laws Page 523 (2015 Edition)

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motor vehicle or a commercial motor vehicle,
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commits both a crime and a violation as part
of the same criminal episode, the prosecution
for one offense shall not bar the subsequent
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in any subsequent prosecution for the other
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cases. ,QDQ\SURFHHGLQJIRUDYLRODWLRQ
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or penalty to be imposed on the defendant if
the defendant appears personally and agrees
to complete at the defendant’s own expense a
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ceeding, or the fact that a violation proceeding
has been brought against a defendant, may
not be used for the purpose of res judicata or
collateral estoppel, or be admitted as evidence
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the State Marine Board if the defendant fails
to appear at any time as required by law or the
court, or fails to comply with any order of the
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153.111 Distribution of abstracts of
convictions. (1) Upon entry of a conviction
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to the Department of Transportation an
abstract of conviction in the manner required
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153.099 Entry; nondefault cases. ,ID UHTXLUHGXQGHUWKHSURYLVLRQVRI256
trial is held in a violation proceeding, the court (2) Upon entry of a conviction for violation
shall enter a judgment based on the evidence of any provision of the wildlife laws or com-
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 ,IWKHGHIHQGDQWDSSHDUVDQGHQWHUVD pursuant to those laws, the court that enters
plea of no contest in the manner described in the judgment of conviction shall forward to
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required by the court or by law, the court shall
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court may consider any statement of explana-
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the Department of State Police an abstract of
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(3) Upon entry of a conviction for a compul-
sory school attendance violation under ORS
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defendant in a violation proceeding does
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allowed, and a trial is not otherwise required
by the court or by law, the court may enter
a default judgment based on the complaint
and any other evidence the judge determines
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a weights and measures law subject to penalty
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to the State Department of Agriculture an
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shall forward to the State Marine Board an
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within the time allowed and requests a trial,
and the defendant subsequently fails to appear
at the date, time and place set for any trial or
other appearance in the matter, and if a trial is
not otherwise required by the court or by law,
the court shall enter a judgment based on the
complaint and any other evidence the judge
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153.105 Relief from default judgment. ,I
a default judgment is entered against a defen-
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a defendant from the judgment upon a show-
ing that the failure of the defendant to appear
was due to mistake, inadvertence, surprise or
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section must be made by the defendant within a
reasonable time, and in no event may a motion
under this section be made more than one year
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RI256RU actual costs incurred in obtaining any driv-
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dant had no valid operator license at the time F†UHQXPEHUHGLQ@
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DISPOSITION OF FINES AND COSTS PDGHE\DQRIÀFHURIWKH2UHJRQ6WDWH3ROLFH

IMPOSED IN CRIMINAL ACTION RUE\DQ\RWKHUHQIRUFHPHQWRIÀFHUHPSOR\HGE\
153.633 Distribution to state. ,QDQ\ VWDWHJRYHUQPHQWDVGHÀQHGLQ256
criminal action in a circuit court in which  D7KHDPRXQWSUHVFULEHGE\256
DÀQHLVLPSRVHGWKHOHVVHURIWKHIROORZLQJ (2) is payable to the state and must be for-
amounts is payable to the state before any warded to the Department of Revenue for
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 E7KHDPRXQWRIWKHÀQHLIWKHÀQHLVOHVV one-half of the amount remaining after any
WKDQ payment required by paragraph (a) of this sub-
section is payable to the county in which the
 ,QDQ\FULPLQDODFWLRQLQDMXVWLFHRU justice court is located; and
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lesser of the following amounts is payable to (c) Subject to subsection (4) of this section,
the state before any other distribution of the one-half of the amount remaining after any
ÀQHLVPDGH payment required by paragraph (a) of this
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(3) A justice or municipal court shall forward
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tion resulted from a prosecution arising out
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 D7KHDPRXQWSUHVFULEHGE\256
(2) is payable to the state and must be for-
warded to the Department of Revenue for
deposit in the Criminal Fine Account; and
(b) Subject to subsection (4) of this section,
RU>F†EF† WKHUHPDLQLQJDPRXQWRIWKHÀQHLVSD\DEOHWR
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under the judgment is payable to the state
if the conviction resulted from a prosecution
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DQRIÀFHURIWKH2UHJRQ6WDWH3ROLFHRUE\DQ\
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 D7KHDPRXQWSUHVFULEHGE\256
(2) is payable to the state and must be for-
warded to the Department of Revenue for
deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section,
one-half of the amount remaining after any
 ,IDFLUFXLWFRXUWHQWHUVDMXGJPHQWRIFRQ- payment required by paragraph (a) of this sub-
YLFWLRQIRUDWUDIÀFRIIHQVHDQGWKHFRQYLFWLRQ section is payable to the local government that
resulted from a prosecution arising out of an HPSOR\VWKHHQIRUFHPHQWRIÀFHUDQG
arrest or complaint made by a sheriff, deputy
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PHQWRIÀFHUHPSOR\HGE\DORFDOJRYHUQPHQW one-half of the amount remaining after any
DVGHÀQHGLQ256 payment required by paragraph (a) of this sub-
section is payable to the county in which the
 D7KHDPRXQWSUHVFULEHGE\256 FRXUWLVORFDWHG
(1) is payable to the state and must be depos-
ited in the Criminal Fine Account;
(b) One-half of the amount remaining after
any payment required by paragraph (a) of this
subsection is payable to the local government
WKDWHPSOR\VWKHHQIRUFHPHQWRIÀFHUDQG
(c) One-half of the amount remaining after
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amount collected shall be paid to the county
treasurer for the county in which the court is
located and may be used only for the purposes
VSHFLÀHGLQ256,IWKHIXOODPRXQW
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payment required by this subsection shall be
reduced by one dollar for every dollar of the
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offenses; justice court. ,IDMXVWLFHFRXUW RU>
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Related Laws Page 527 (2015 Edition)

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offenses; municipal court. ,IDPXQLF- YLRODWLRQVRI256
ipal court enters a judgment of conviction for RU>
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from a prosecution arising out of an arrest or  'LVSRVLWLRQRIÀQHVIRUPDVV
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 D7KHDPRXQWSUHVFULEHGE\256 256DPRXQWVFROOHFWHGXQGHUWKH
(2) is payable to the state and must be for- MXGJPHQWDUHSD\DEOHDVIROORZV
warded to the Department of Revenue for
deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section,
one-half of the amount remaining after any
payment required by paragraph (a) of this
subsection is payable to the city in which the
municipal court is located; and
(c) Subject to subsection (4) of this section,
one-half of the amount remaining after any
payment required by paragraph (a) of this
 D7KHDPRXQWSUHVFULEHGE\256
(1) is payable to the state and must be depos-
ited in the Criminal Fine Account;
(b) One-half of the amount remaining after
any payment required by paragraph (a) of
this subsection is payable to the district that
enacted the ordinance; and
(c) One-half of the amount remaining after
any payment required by paragraph (a) of this
subsection is payable as provided in subsection
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viction resulted from a prosecution arising
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ject to subsection (1) of this section is entered
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section (1)(c) of this section shall be paid to the
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 E,IDMXGJPHQWRIFRQYLFWLRQWKDWLVVXEMHFW
 D7KHDPRXQWSUHVFULEHGE\256 to subsection (1) of this section is entered in
(2) is payable to the state and must be for- MXVWLFHFRXUWWKHDPRXQWVSHFLÀHGLQVXEVHF-
warded to the Department of Revenue for tion (1)(c) of this section shall be paid to the
deposit in the Criminal Fine Account; and FRXQW\WKDWHVWDEOLVKHGWKHFRXUW
(b) Subject to subsection (4) of this section,  F,IDMXGJPHQWRIFRQYLFWLRQWKDWLVVXEMHFW
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 ,IDPXQLFLSDOFRXUWHQWHUVDMXGJPHQWRI section (1)(c) of this section shall be paid to the
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tion resulted from a prosecution arising out of NoteZDVDGGHGWRDQGPDGHDSDUW
an arrest or complaint made by an enforcement of ORS chapter 153 by legislative action but
RIÀFHUHPSOR\HGE\DQ\RWKHUORFDOJRYHUQPHQW ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
DVGHÀQHGLQ256 See Preface to Oregon Revised Statutes for
 D7KHDPRXQWSUHVFULEHGE\256 IXUWKHUH[SODQDWLRQ
(2) is payable to the state and must be for- 153.660 Use of amounts paid to county
warded to the Department of Revenue for
deposit in the Criminal Fine Account;
(b) Subject to subsection (4) of this section,
one-half of the amount remaining after any
payment required by paragraph (a) of this sub-
section is payable to the local government that
HPSOR\VWKHHQIRUFHPHQWRIÀFHUDQG
(c) Subject to subsection (4) of this section,
one-half of the amount remaining after any
payment required by paragraph (a) of this
subsection is payable to the city in which the
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treasurer. ,IDMXVWLFHRUPXQLFLSDOFRXUW
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collected shall be paid to the county treasurer
for the county in which the court is located
and may be used only for the purposes spec-
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required by this subsection shall be reduced by
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of the amount collected shall be paid to the
county treasurer for the county in which the (2) Sixty percent of the amounts paid to
court is located and may be used only for the the county treasurer under this section and
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be reduced by one dollar for every dollar of the
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be deposited by the treasurer in the county
treasury and may be used only for drug and
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Related Laws Page 528 (2015 Edition)

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(3) Forty percent of the amounts paid to HVWDEOLVKHGE\FRXUWUXOHPD\ÀOHDFLWDWLRQ

the county treasurer under this section and with the court by electronic means, without
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be deposited by the treasurer in the court
facilities security account established under
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153.675 Disposition of amounts pay-
able to state and local governments.
(1) Amounts payable to the state under ORS
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ferred by the court to the Department of
Revenue for distribution as provided in ORS
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size or format than a uniform citation adopted
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this section will be deemed to certify to the
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deposited by the court in the local government’s
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shall be established by court rule and shall
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month immediately following the month in
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as costs in a criminal action shall be retained
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citation containing all required information,
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in violation of a rule established under this
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offenses subject to written uniform cita-
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a person authorized to enforce parking ordi-
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153.772 Suspension of driving privi-
leges for failure to appear; limitation on
district attorney’s authority. When the
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suspend the driving privileges of a person for
failure to appear on a citation for a violation of
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the Legislative Assembly but was not added
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VIOLATIONS BUREAU
153.800 Violations Bureau; uniform
ÀQHVFKHGXOH(1) Any court of this state may
tion. 1RWZLWKVWDQGLQJ256 establish a Violations Bureau and designate
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cer or a person authorized to enforce parking other appropriate person to act as a violations
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Related Laws Page 529 (2015 Edition)

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establishing a Violations Bureau shall by order
specify the violations that are subject to the
DXWKRULW\RIWKHYLRODWLRQVFOHUN MULTNOMAH COUNTY PARKING
VIOLATION PROCEDURES
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ing violations in Multnomah County. (1)
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assessments for violations that are subject to PRUHWKDQ
the authority of the violations clerk; or
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(4)(a) Courts other than circuit courts shall
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the schedules shall be prominently posted in
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mination without a hearing on a citation for a
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Department of Transportation; and
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after the mailing date of the notice required
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schedule must specify the violations that are
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(c) All amounts must be paid to, receipted
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(5) Any person charged with a violation
within the authority of the violations clerk
PD\ this subsection, the court shall mail notice of
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citation and requests a hearing, but thereafter
fails to appear at the time, date and court set
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determination is made under the provisions of
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paragraph constitutes consent to forfeiture of
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amount if the payment is accompanied by a
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be on the citation and on any evidence that the
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section, the court may enter judgment and, if
the determination is one of conviction, may
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established for the parking violation along
with a money award for costs, assessments
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 $SHUVRQZKRKDVEHHQIRXQGJXLOW\RI
or who has signed a plea of no contest to, one
or more previous offenses in the preceding 12
months within the jurisdiction of the court may
not appear before the violations clerk unless
the court, by general order applying to certain
VSHFLÀHGRIIHQVHVSHUPLWVVXFKDSSHDUDQFH
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WLRQGRHVQRWSUHYHQW
(a) Taking any other action against the
person as permitted by law for the person’s
failure to comply, including, but not limited to,
sentencing the person further as permitted by
ODZDIWHUWKHSHUVRQLVEURXJKWWRKHDULQJ
(b) Following any procedures established by
ODZZKHQWKHSHUVRQIDLOVWRDSSHDU
(7) On motion and upon such terms as are
just, the court may relieve a person from a
judgment entered under this section upon a
(2015 Edition)
 9,2/$7,216$1'),1(6  

showing that the failure of the person to appear
was due to mistake, inadvertence, surprise or
H[FXVDEOHQHJOHFW7KHPRWLRQPXVWEHPDGH
within a reasonable time, and in no event more
than one year after entry of judgment in the
PDWWHU
153.992 Penalty for failure to appear.
(1) A person commits the offense of failure to
appear in a violation proceeding if the person
has been served with a violation citation issued
under this chapter and the person knowingly
IDLOVWRGRDQ\RIWKHIROORZLQJ
(8) A judgment may be entered under this
section only if the citation issued to the person
contains a statement notifying the person
that a judgment may be entered against the
SHUVRQXSWRWKHPD[LPXPDPRXQWRIÀQHV
assessments and other costs allowed by law
for the parking violation if the person fails to
DSSHDUDWWKHWLPHGDWHDQGFRXUWVSHFLÀHGLQ
the citation or fails to appear at subsequently
VFKHGXOHGKHDULQJVLQWKHPDWWHU
(9) Notwithstanding any other provision of
law, a judgment entered under this section does
not create a judgment lien and cannot become
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PENALTIES
 3HQDOW\IRUIDOVHFHUWLÀFDWLRQ
Any person who in connection with the issu-
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XQGHUWKLVFKDSWHUNQRZLQJO\FHUWLÀHVIDOVHO\
to the matters set forth therein commits a
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 D0DNHDÀUVWDSSHDUDQFHLQWKHPDQQHU
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(b) Make appearance at the time set for trial
LQWKHYLRODWLRQSURFHHGLQJ
(c) Appear at any other time required by the
FRXUWRUE\ODZ
(2) Failure to appear on a violation citation
LVD&ODVV$PLVGHPHDQRU>F†@
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CHAPTERS 154 AND 155
[Reserved for expansion]
_______________
(2015 Edition)
RELATED LAWS

Page 532 (2015 Edition)

 $'0,1,675$7,9(352&('85(6$&7
Chapter 183
(',7,21
ADMINISTRATIVE PROCEDURES ACT
EXECUTIVE BRANCH; ORGANIZATION
ADMINISTRATIVE PROCEDURES ACT
(General Provisions)
 'HÀQLWLRQVIRUFKDSWHU
183.315 Application of provisions of chapter
to certain agencies
(Adoption of Rules)
183.325 Delegation of rulemaking authority
WRQDPHGRIÀFHURUHPSOR\HH
183.330 Description of organization; service
of order; rules coordinator; effect of
not putting order in writing
183.332 Policy statement; conformity of state
rules with equivalent federal laws
and rules
183.333 Policy statement; public involvement
in development of policy and drafting
of rules; advisory committees
183.335 Notice; content; public comment; tem-
porary rule adoption, amendment or
suspension; substantial compliance
required
183.336 Cost of compliance effect on small
businesses
183.337 Procedure for agency adoption of fed-
eral rules
183.341 Model rules of procedure; estab-
lishment; compilation; publication;
agencies required to adopt proce-
dural rules
183.355 Filing and taking effect of rules;
ÀOLQJRIH[HFXWLYHRUGHUVFRSLHVIHHV
183.360 Publication of rules and orders;
exceptions; requirements; bulletin;
judicial notice; citation
183.362 Program for biennial publication of
Oregon Administrative Rules
183.365 Publication of administrative rules in
electronic form
183.370 Distribution of published rules
183.390 Petitions requesting adoption of rules
183.400 Judicial determination of validity of
rule
183.405 Agency review of rules
183.410 Agency determination of applicability
of rule or statute to petitioner; effect;
judicial review
(Contested Cases)
 'HOHJDWLRQRIÀQDORUGHUDXWKRULW\
183.413 Notice to parties before hearing of
rights and procedure; failure to pro-
vide notice
183.415 Notice of right to hearing
183.417 Procedure in contested case hearing
183.425 Depositions or subpoena of material
witness; discovery
183.430 Hearing on refusal to renew license;
exceptions
Related Laws Page 533
183.435 Period allowed to request hearing for
license refusal on grounds other than
test or inspection results
183.440 Subpoenas in contested cases
183.445 Subpoena by agency or attorney of
record of party when agency not sub-
ject to ORS 183.440
183.450 Evidence in contested cases
183.452 Representation of agencies at con-
tested case hearings
183.453 Representation of Oregon Health
Authority and Department of Human
Services at contested case hearings
183.457 Representation of persons other than
agencies participating in contested
case hearings
183.458 Nonattorney and out-of-state attor-
ney representation of parties in
certain contested case hearings
183.459 Representation of home care worker
by labor union representative
183.460 Examination of evidence by agency
183.462 Agency statement of ex parte commu-
nications; notice
 3URSRVHGRUGHUE\KHDULQJRIÀFHU
amendment by agency; exemptions
183.470 Orders in contested cases
183.471 Preservation of orders in electronic
format; fees
(Judicial Review)
183.480 Judicial review of agency orders
183.482 Jurisdiction for review of contested
cases; procedure; scope of court
authority
183.484 Jurisdiction for review of orders
other than contested cases; proce-
dure; scope of court authority
183.485 Decision of court on review of con-
tested case
183.486 Form and scope of decision of review-
ing court
183.490 Agency may be compelled to act
183.497 Awarding costs and attorney fees
ZKHQÀQGLQJIRUSHWLWLRQHU
(Appeals From Circuit Courts)
183.500 Appeals
(Alternative Dispute Resolution)
183.502 Authority of agencies to use alter-
native means of dispute resolution;
model rules; amendment of agree-
ments and forms; agency alternative
dispute resolution programs
(Housing Cost Impact Statement)
183.530 Housing cost impact statement
required for certain proposed rules
(2015 Edition)
 RELATED LAWS

183.534 Housing cost impact statement  2IÀFHRI$GPLQLVWUDWLYH+HDULQJV

described; rules Oversight Committee
183.538 Effect of failure to prepare hous-
ing cost impact statement; judicial
PERMITS AND LICENSES
review
183.700 Permits subject to ORS 183.702
(Effects of Rules on Small Business) 183.702 Statement of criteria and procedures
183.540 Reduction of economic impact on for evaluating permit application;
small business documentation of decision on applica-
tion; required signature
2IÀFHRI$GPLQLVWUDWLYH+HDULQJV 183.705 Extended term for renewed licenses;
fees; continuing education; rules
 2IÀFHRI$GPLQLVWUDWLYH+HDULQJV
183.610 Chief administrative law judge
LEGISLATIVE REVIEW OF RULES
183.615 Administrative law judges; duties;
TXDOLÀFDWLRQVUXOHV  'HÀQLWLRQVIRU256WR
183.620 Contract administrative law judges 183.715 Submission of adopted rule to Legis-
183.625 Assignment of administrative law lative Counsel required; exception
judges; conduct of hearings 183.720 Procedure for review of agency rule;
183.630 Model rules of procedure; exemp- reports on rules claimed to be dupli-
tions; depositions FDWLYHRUFRQÁLFWLQJ
183.635 Agencies required to use admin- 183.722 Required agency response to Leg-
LVWUDWLYHODZMXGJHVIURP2IÀFHRI islative Counsel determination;
Administrative Hearings; exceptions consideration of determination by
interim committee
 8VHRI2IÀFHRI$GPLQLVWUDWLYH
Hearings by exempt agencies and by 183.724 Designation of interim committees
political subdivisions for purposes of considering rule
reports
183.645 Request for change of administrative
law judge; rules 183.725 Other authorized rule review by Leg-
islative Counsel Committee
 )RUPRIRUGHUPRGLÀFDWLRQRIIRUPRI
RUGHUE\DJHQF\ÀQGLQJRIKLVWRULFDO
fact CIVIL PENALTIES
183.655 Fees
183.745 Civil penalty procedures; notice;
 2IÀFHRI$GPLQLVWUDWLYH+HDULQJV hearing; judicial review; exemptions;
Operating Account recording; enforcement
 (VWLPDWHVRIRIÀFHH[SHQVHV
183.670 Rules READABILITY OF PUBLIC WRITINGS
183.675 Alternative dispute resolution
183.750 State agency required to prepare
183.680 Standards and training program public writings in readable form
183.685 Ex parte communications

Related Laws Page 534 (2015 Edition)

 $'0,1,675$7,9(352&('85(6$&7  

183.010>5HSHDOHGE\F†@ decision issued in connection with a contested

183.020>5HSHDOHGE\F†@ FDVHSURFHHGLQJ´2UGHUµLQFOXGHV
183.025>)RUPHUO\F†
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183.060>F†UHSHDOHGE\
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 $$JHQF\DFWLRQXQGHU256FKDSWHU
making determination for purposes of unem-
ployment compensation of employees of the
state;
(B) Agency action under ORS chapter 240
ZKLFKJUDQWVGHQLHVPRGLÀHVVXVSHQGVRU
revokes any right or privilege of an employee
of the state; and
 &$JHQF\DFWLRQXQGHU256%WR
183.090>F†F† LVVXHDSHUPLW
F†UHQXPEHUHGLQ@
 E´)LQDORUGHUµPHDQVÀQDODJHQF\DFWLRQ
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ADMINISTRATIVE PROCEDURES ACT include any tentative or preliminary agency
GHFODUDWLRQRUVWDWHPHQWWKDW
(General Provisions)  $3UHFHGHVÀQDODJHQF\DFWLRQRU
 'HÀQLWLRQVIRUFKDSWHUAs used (B) Does not preclude further agency consid-
LQWKLVFKDSWHU eration of the subject matter of the statement
 ´$JHQF\µPHDQVDQ\VWDWHERDUGFRP- RUGHFODUDWLRQ
mission, department, or division thereof, or  ´3DUW\µPHDQV
RIÀFHUDXWKRUL]HGE\ODZWRPDNHUXOHVRUWR
issue orders, except those in the legislative and  D(DFKSHUVRQRUDJHQF\HQWLWOHGDVRIULJKW
MXGLFLDOEUDQFKHV to a hearing before the agency;
 D´&RQWHVWHGFDVHµPHDQVDSURFHHGLQJ  E(DFKSHUVRQRUDJHQF\QDPHGE\WKH
EHIRUHDQDJHQF\ agency to be a party; or
 $,QZKLFKWKHLQGLYLGXDOOHJDOULJKWV
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required by statute or Constitution to be deter-
mined only after an agency hearing at which
VXFKVSHFLÀFSDUWLHVDUHHQWLWOHGWRDSSHDUDQG
be heard;
(B) Where the agency has discretion to sus-
pend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal
(c) Any person requesting to participate
before the agency as a party or in a limited
party status which the agency determines
either has an interest in the outcome of the
agency’s proceeding or represents a public
LQWHUHVWLQVXFKUHVXOW7KHDJHQF\·VGHWHU-
mination is subject to judicial review in
WKHPDQQHUSURYLGHGE\256DIWHU
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to renew or issue a license where the licensee or  ´3HUVRQµPHDQVDQ\LQGLYLGXDOSDUWQHU-
applicant for a license demands such hearing; ship, corporation, association, governmental
or subdivision or public or private organization
(D) Where the agency by rule or order RIDQ\FKDUDFWHURWKHUWKDQDQDJHQF\
provides for hearings substantially of the   ´5XOHµ PHDQV DQ\ DJHQF\ GLUHFWLYH
FKDUDFWHUUHTXLUHGE\256 standard, regulation or statement of general
DQG applicability that implements, interprets or
 E´&RQWHVWHGFDVHµGRHVQRWLQFOXGHSUR- prescribes law or policy, or describes the pro-
ceedings in which an agency decision rests FHGXUHRUSUDFWLFHUHTXLUHPHQWVRIDQ\DJHQF\
VROHO\RQWKHUHVXOWRIDWHVW The term includes the amendment or repeal of
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impact on affected businesses by and the costs
of compliance, if any, with a rule for businesses,
including but not limited to the costs of equip-
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(a) Unless a hearing is required by statute,
internal management directives, regulations
or statements which do not substantially affect
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tration or similar form of permission required
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cies or other units of government which do not
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 D ´2UGHUµ PHDQV DQ\ DJHQF\ DFWLRQ (c) Declaratory rulings issued pursuant to
expressed orally or in writing directed to a 256RU
named person or named persons, other than
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Related Laws Page 535 (2015 Edition)

 RELATED LAWS

(f) Rules of conduct for persons committed to  E6HHNWRYLVLWDQLQPDWHFRQÀQHGLQD

the physical and legal custody of the Depart- 'HSDUWPHQWRI&RUUHFWLRQVIDFLOLW\
ment of Corrections, the violation of which will  256
QRWUHVXOWLQ     DQG
(A) Placement in segregation or isolation GRQRWDSSO\WRWKH3XEOLF8WLOLW\
VWDWXVLQH[FHVVRIVHYHQGD\V &RPPLVVLRQ1RWZLWKVWDQGLQJ256
 %,QVWLWXWLRQDOWUDQVIHURURWKHUWUDQVIHU
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(C) Disciplinary procedures adopted pursu-
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Public Utility Commission is entitled to seek
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(7) The provisions of this chapter do not
apply to the suspension, cancellation or ter-
  ´6PDOO EXVLQHVVµ PHDQV D FRUSRUD- mination of an apprenticeship or training
tion, partnership, sole proprietorship or other DJUHHPHQWXQGHU256
legal entity formed for the purpose of making
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operated from all other businesses and which
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chapter to certain agencies. (1) The pro-
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to local government boundary commissions
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PHQWRI5HYHQXH6WDWH$FFLGHQW,QVXUDQFH
Fund Corporation, Department of Consumer
and Business Services with respect to its func-
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Board of Parole and Post-Prison Supervision,
Psychiatric Security Review Board or Oregon
Health Authority with respect to its functions
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(2) This chapter does not apply with respect
to actions of the Governor authorized under
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of the Adjutant General authorized under ORS
 7KHSURYLVLRQVRI256WR
do not apply to administrative proceedings con-
ducted under rules adopted by the Secretary
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183.320>F†UHSHDOHGE\
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(Adoption of Rules)
183.325 Delegation of rulemaking
DXWKRULW\WRQDPHGRIÀFHURUHPSOR\HH
Unless otherwise provided by law, an agency
may delegate its rulemaking authority to an
RIÀFHURUHPSOR\HHZLWKLQWKHDJHQF\$GHOH-
gation of authority under this section must be
PDGHLQZULWLQJDQGÀOHGZLWKWKH6HFUHWDU\
RI6WDWHEHIRUHWKHÀOLQJRIDQ\UXOHDGRSWHG
SXUVXDQWWRWKHGHOHJDWLRQ$GHOHJDWLRQXQGHU
this section may be made only to one or more
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 7KHSURYLVLRQVRI256

 DQG  GR QRW DSSO\ WR WKH
(PSOR\PHQW$SSHDOV%RDUGRUWKH(PSOR\-
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individual or individuals, and be signed in
DFNQRZOHGJPHQWE\WKHQDPHGLQGLYLGXDOV
$Q\RIÀFHURUHPSOR\HHWRZKRPUXOHPDNLQJ
authority is delegated under this section is an
´DJHQF\µIRUWKHSXUSRVHVRIWKHUXOHPDNLQJ
 7KH(PSOR\PHQW'HSDUWPHQWVKDOOEH
exempt from the provisions of this chapter to
WKHH[WHQWWKDWDIRUPDOÀQGLQJRIWKH8QLWHG
States Secretary of Labor is made that such
SURYLVLRQFRQÁLFWVZLWKWKHWHUPVRIWKHIHG-
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183.330 Description of organization;
service of order; rules coordinator; effect
eral law, acceptance of which by the state is a
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by the United States Secretary of Labor of the
VWDWH·VODZ
of not putting order in writing.  ,Q
addition to other rulemaking requirements
imposed by law, each agency shall publish a
description of its organization and the methods
whereby the public may obtain information or
  7KH SURYLVLRQV RI 256  WR PDNHVXEPLVVLRQVRUUHTXHVWV
  WR   WR
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WKDWDSSRLQWPHQWZLWKWKH6HFUHWDU\RI6WDWH
(a) Have been committed pursuant to ORS 7KHUXOHVFRRUGLQDWRUVKDOO
WRWKHFXVWRG\RIWKH'HSDUWPHQWRI
&RUUHFWLRQVRUDUHRWKHUZLVHFRQÀQHGLQD (a) Maintain copies of all rules adopted by
Department of Corrections facility; or the agency and be able to provide information
to the public about the status of those rules;

Related Laws 3DJH (2015 Edition)

 $'0,1,675$7,9(352&('85(6$&7  

(b) Provide information to the public on all subsection (1) of this section, the agency shall
rulemaking proceedings of the agency; and seek the committee’s recommendations on
 F.HHSDQGPDNHDYDLODEOHWKHPDLOLQJOLVW ZKHWKHUWKHUXOHZLOOKDYHDÀVFDOLPSDFWZKDW
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(3) An order shall not be effective as to any
person or party unless it is served upon the
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This subsection is not applicable in favor of any
person or party who has actual knowledge of
WKHRUGHU
the extent of that impact will be and whether
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impact on small businesses, the agency shall
seek the committee’s recommendations on com-
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(4) An agency shall consider an advisory
 $QRUGHULVQRWÀQDOXQWLOLWLVUHGXFHG committee’s recommendations provided under
WRZULWLQJ>F†F† subsection (3) of this section in preparing the
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183.332 Policy statement; conformity of
state rules with equivalent federal laws
and rules. ,WLVWKHSROLF\RIWKLVVWDWHWKDW
agencies shall seek to retain and promote the
unique identity of Oregon by considering local
 ,IDQDJHQF\GRHVQRWDSSRLQWDQDGYLVRU\
committee for consideration of a permanent
rule under subsection (1) of this section and 10
or more persons likely to be affected by the rule
REMHFWWRWKHDJHQF\·VVWDWHPHQWRIÀVFDOLPSDFW
conditions when an agency adopts policies and DVUHTXLUHGE\256E(RUDQ
UXOHV+RZHYHUVLQFHWKHUHDUHPDQ\IHGHUDO association with at least 10 members likely to
laws and regulations that apply to activities be affected by the rule objects to the statement,
that are also regulated by the state, it is also WKHDJHQF\VKDOODSSRLQWDÀVFDOLPSDFWDGYL-
the policy of this state that agencies attempt sory committee to provide recommendations
to adopt rules that correspond with equivalent RQZKHWKHUWKHUXOHZLOOKDYHDÀVFDOLPSDFW
IHGHUDOODZVDQGUXOHVXQOHVV DQGZKDWWKHH[WHQWRIWKDWLPSDFWZLOOEH
 7KHUHLVVSHFLÀFVWDWXWRU\GLUHFWLRQWR An objection under this subsection must be
the agency that authorizes the adoption of the made not later than 14 days after the notice
rule; UHTXLUHGE\256LVJLYHQ,IWKH
agency determines that the statement does not
(2) A federal waiver has been granted that DGHTXDWHO\UHÁHFWWKHUXOH·VÀVFDOLPSDFWWKH
authorizes the adoption of the rule; agency shall extend the period for submission
(3) Local or special conditions exist in this
state that warrant a different rule;
(4) The state rule has the effect of clarify-
ing the federal rules, standards, procedures
RIGDWDRUYLHZVXQGHU256DE\
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recommendations from the committee in the
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or requirements;
(5) The state rule achieves the goals of the
federal and state law with the least impact on
public and private resources; or
 6XEVHFWLRQRIWKLVVHFWLRQGRHVQRW
apply to any rule adopted by an agency to
comply with a judgment or a settlement of a
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183.333 Policy statement; public
involvement in development of policy
and drafting of rules; advisory commit-
an advisory committee under this section, the
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other agent of the agency to serve as a member
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tees. 7KH/HJLVODWLYH$VVHPEO\ÀQGVDQG
declares that it is the policy of this state that
whenever possible the public be involved in the
development of public policy by agencies and in
WKHGUDIWLQJRIUXOHV7KH/HJLVODWLYH$VVHPEO\
encourages agencies to seek public input to
the maximum extent possible before giving
183.335 Notice; content; public
comment; temporary rule adoption,
amendment or suspension; substantial
compliance required. (1) Prior to the adop-
tion, amendment or repeal of any rule, the
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may appoint an advisory committee that will DGRSWHGE\WKHDJHQF\XQGHU256
represent the interests of persons likely to be which provides a reasonable opportunity for
affected by the rule, or use any other means LQWHUHVWHGSHUVRQVWREHQRWLÀHGRIWKHDJHQF\·V
of obtaining public views that will assist the proposed action;
DJHQF\LQGUDIWLQJWKHUXOH
(2) Any agency in its discretion may develop
a list of interested parties and inform those
parties of any issue that may be the subject
of rulemaking and invite the parties to make
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date;
(c) At least 28 days before the effective date,
to persons who have requested notice pursuant
to subsection (8) of this section; and
  ,I DQ DJHQF\ DSSRLQWV DQ DGYLVRU\
committee for consideration of a rule under

Related Laws Page 537 (2015 Edition)

 RELATED LAWS

(d) Delivered only by electronic mail, at least this subsection from publication in the bulletin
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(2)(a) The notice required by subsection (1)
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(B) An objective, simple and understandable
statement summarizing the subject matter and
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detail to inform a person that the person’s
interests may be affected, and the time, place
and manner in which interested persons may
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(b) The agency shall include with the notice
of intended action given under subsection (1)
(d) When providing notice of an intended
action under subsection (1)(c) of this section,
that the agency proposes to adopt, amend or
repeal, or an explanation of how the person
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amended rule shall show all changes to the
rule by striking through material to be deleted
and underlining all new material, or by any
other method that clearly shows all new and
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(3)(a) When an agency proposes to adopt,
amend or repeal a rule, it shall give interested
persons reasonable opportunity to submit data
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granted upon request received from 10 persons
or from an association having not less than 10
members before the earliest date that the rule
could become effective after the giving of notice
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(A) A citation of the statutory or other legal agency holding a hearing upon a request made
authority relied upon and bearing upon the under this subsection shall give notice of the
promulgation of the rule; hearing at least 21 days before the hearing to
the person who has requested the hearing, to
(B) A citation of the statute or other law the persons who have requested notice pursuant to
rule is intended to implement; subsection (8) of this section and to the persons
(C) A statement of the need for the rule and
a statement of how the rule is intended to meet
the need;
(D) A list of the principal documents, reports
or studies, if any, prepared by or relied upon by
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agency shall publish notice of the hearing in
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the agency in considering the need for and in  E,IDQDJHQF\LVUHTXLUHGWRFRQGXFWDQ
preparing the rule, and a statement of the loca- oral hearing under paragraph (a) of this sub-
tion at which those documents are available for section, and the rule for which the hearing
SXEOLFLQVSHFWLRQ7KHOLVWPD\EHDEEUHYLDWHG is to be conducted applies only to a limited
if necessary, and if so abbreviated there shall geographical area within this state, or affects
EHLGHQWLÀHGWKHORFDWLRQRIDFRPSOHWHOLVW only a limited geographical area within this
state, the hearing shall be conducted within
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state agencies, units of local government and
the public that may be economically affected by
the adoption, amendment or repeal of the rule
and an estimate of that economic impact on
state agencies, units of local government and
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of the proposed action on the public, the agency
shall utilize available information to project
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on businesses which shall include a cost of com-
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housing cost impact statement as described in
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the geographical area at the place most conve-
nient for the majority of the residents within
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a hearing conducted under this paragraph, the
agency shall publish notice of the hearing in
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a newspaper of general circulation published
within the geographical area that is affected by
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paper of general circulation is not published
within the geographical area that is affected
by the rule or to which the rule applies, the
publication shall be made in the newspaper
of general circulation published closest to the
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(c) Notwithstanding paragraph (a) of this
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nation as to why no advisory committee was
used to assist the agency in drafting the rule;
and
(G) A request for public comment on whether
subsection, the Department of Corrections
and the State Board of Parole and Post-Prison
Supervision may adopt rules limiting partic-
ipation by inmates in the proposed adoption,
amendment or repeal of any rule to written
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other options should be considered for achiev-
ing the rule’s substantive goals while reducing
the negative economic impact of the rule on
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information submitted under paragraph (b) of
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before the earliest date that the rule could
become effective after the agency gives notice
pursuant to subsection (1) of this section, the
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the objective of the rule and a statement of

Related Laws Page 538 (2015 Edition)

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how the agency will subsequently determine
whether the rule is in fact accomplishing that
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(e) An agency that receives data or views
concerning proposed rules from interested
persons shall maintain a record of the data
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(A) All written materials submitted to an
agency in response to a notice of intent to
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(B) A recording or summary of oral submis-
(b) A rule temporarily suspended shall
regain effectiveness upon expiration of the
temporary period of suspension unless the
rule is repealed under subsections (1) to (4) of
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(7) Notwithstanding subsections (1) to (4)
without prior notice or hearing if the amend-
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(a) Changing the name of an agency by
reason of a name change prescribed by law;
sions received at hearings held for the purpose
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(C) Any public comment received in response
to the request made under subsection (2)(b)(G)
of this section and the agency’s response to that
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or division within an agency as long as the
change in name does not have a substantive
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or division;
(c) Correcting spelling;
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(4) Upon request of an interested person
received before the earliest date that the rule
could become effective after the giving of notice
pursuant to subsection (1) of this section, the
agency shall postpone the date of its intended
action no less than 21 nor more than 90 days in
order to allow the requesting person an oppor-
tunity to submit data, views or arguments
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manner that does not alter the scope, applica-
tion or meaning of the rule;
(e) Correcting statutory or rule references;
or
(f) Correcting addresses or telephone num-
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(8)(a) Any person may request in writing
that an agency send to the person copies of the
agency’s notices of intended action issued under
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adopting a temporary rule pursuant to subsec- provide an address where the person elects
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be a postal mailing address or, if the agency
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this section, an agency may adopt, amend or HOHFWURQLFPDLOLQJDGGUHVV
suspend a rule without prior notice or hearing
or upon any abbreviated notice and hearing (b) A request under this subsection must
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to act promptly will result in serious prejudice (A) The person may request that the agency
to the public interest or the interest of the par- mail paper copies of the proposed rule and
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(b) A citation of the statutory or other legal
authority relied upon and bearing upon the
promulgation of the rule;
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a statement of how the rule is intended to meet
the need;
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action on a website, the person may request
that the agency mail the information required
by subsection (2)(a) of this section to the postal
mailing address with a reference to the website
where electronic copies of the proposed rule
and other information required by subsection
(d) A list of the principal documents, reports
or studies, if any, prepared by or relied upon
by the agency in considering the need for and
in preparing the rule, and a statement of the
location at which those documents are avail-
able for public inspection; and
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(C) The person may request that the agency
electronically mail the information required by
subsection (2)(a) of this section to the electronic
mailing address, and either provide electronic
copies of the proposed rule and other informa-
 H)RUDQDJHQF\VSHFLÀHGLQ256 tion required by subsection (2) of this section
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256 tronic copies of the proposed rule and other
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under subsection (5) of this section is tempo-
rary and may be effective for a period of not
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under this subsection does not preclude the
subsequent adoption of an identical rule under
information required by subsection (2) of this
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subsection, the agency shall acknowledge the
request, establish a mailing list and maintain
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Related Laws Page 539 (2015 Edition)

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establish fees necessary to defray the costs of
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(d) Members of the Legislative Assembly
who receive notices under subsection (15) of
this section may request that an agency fur-
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(15) The notices required under subsections
(1) and (3) of this section must be given by the
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(9) This section does not apply to rules
establishing an effective date for a previously
effective rule or establishing a period during
which a provision of a previously effective rule
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repeal results from legislation that was passed
within two years before notice is given under
subsection (1) of this section, notice shall be
given to the legislator who introduced the bill
that subsequently was enacted into law, and
to the chair or cochairs of all committees that
reported the bill out, except for those commit-
tees whose sole action on the bill was referral
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repeal does not result from legislation that was
passed within two years before notice is given
under subsection (1) of this section, notice shall
be given to the chair or cochairs of any interim
or session committee with authority over the
 D([FHSWDVSURYLGHGLQSDUDJUDSKF VXEMHFWPDWWHURIWKHUXOH
of this subsection, a rule is not valid unless
adopted in substantial compliance with the
provisions of this section in effect on the date
that the notice required under subsection (1)
of this section is delivered to the Secretary
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graph (a) or (b) of this subsection, notice shall
be given to the Speaker of the House of Repre-
sentatives and to the President of the Senate
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of State for the purpose of publication in the  D8SRQWKHUHTXHVWRIDPHPEHURIWKH
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with which rule adoptions must comply, a rule
is not valid if the rule has not been submit-
ted to the Legislative Counsel in the manner
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(c) A rule is not subject to judicial review or
other challenge by reason of failing to comply
be affected by a proposed adoption, amend-
ment or repeal, the committees receiving notice
under subsection (15) of this section shall
review the proposed adoption, amendment or
repeal for compliance with the legislation from
which the proposed adoption, amendment or
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(12)(a) Notwithstanding the provisions of
subsection (11) of this section, but subject to
paragraph (b) of this subsection, an agency
may correct its failure to substantially comply
with the requirements of subsections (2) and
(5) of this section in adoption of a rule by an
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did not substantially prejudice the interests of
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(b) The committees shall submit their com-
ments on the proposed adoption, amendment
or repeal to the agency proposing the adoption,
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statement in a notice of intended action, as
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RUWRFRUUHFWDQLQDFFXUDWHÀVFDOLPSDFWVWDWH- small businesses. (1) The statement of cost of
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impact statement with the assistance of an
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(13) Unless otherwise provided by statute,
the adoption, amendment or repeal of a rule by
an agency need not be based upon or supported
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(14) When an agency has established a dead-
line for comment on a proposed rule under the
provisions of subsection (3)(a) of this section,
the agency may not extend that deadline for
another agency or person unless the extension
Related Laws Page 540
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(a) An estimate of the number of small
businesses subject to the proposed rule and
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industries with small businesses subject to
the proposed rule;
(b) A brief description of the projected
reporting, recordkeeping and other adminis-
trative activities required for compliance with
the proposed rule, including costs of profes-
sional services;
(2015 Edition)
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labor and increased administration required
for compliance with the proposed rule; and
(d) A description of the manner in which
the agency proposing the rule involved small
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(a) The Attorney General’s model rules
adopted under subsection (1) of this section;
(b) The procedural rules of all agencies that
have not adopted the Attorney General’s model
rules; and
(c) The notice procedures required by ORS
(2) An agency shall utilize available infor-
mation in complying with the requirements of
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183.337 Procedure for agency adoption
of federal rules. (1) Notwithstanding ORS
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rules or regulations promulgated by an agency
of the federal government and the agency has

(4) Agencies shall adopt rules of procedure
which will provide a reasonable opportunity for
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(5) No rule adopted after September 13,
1975, is valid unless adopted in substantial
compliance with the rules adopted pursuant
no authority to alter or amend the content or WRVXEVHFWLRQRIWKLVVHFWLRQ>F
language of those rules or regulations prior †HQDFWHGLQOLHXRIF†
to their adoption, the agency may adopt those F†F††F
rules or regulations under the procedure pre- †@
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(2) Prior to the adoption of a federal rule or
regulation under subsection (1) of this section,
the agency shall give notice of the adoption of
the rule or regulation, the effective date of the
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183.355 Filing and taking effect of
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rule or regulation in this state and the subject fees. D(DFKDJHQF\VKDOOÀOHLQWKHRIÀFH
matter of the rule or regulation in the manner RIWKH6HFUHWDU\RI6WDWHDFHUWLÀHGFRS\RIHDFK
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(3) After giving notice the agency may adopt
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Secretary of State in compliance with ORS
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a public hearing concerning the adoption of the
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(4) Nothing in this section authorizes an
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(b) Notwithstanding the provisions of para-
graph (a) of this subsection, an agency adopting
a rule incorporating published standards by
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(A) The standards adopted are unusually
voluminous and costly to reproduce; and
agency to amend federal rules or regulations
or adopt rules in accordance with federal
requirements without giving an opportunity
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porated and the conditions of their availability
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183.341 Model rules of procedure;
establishment; compilation; publication;
agencies required to adopt procedural
rules. (1) The Attorney General shall pre-
pare model rules of procedure appropriate for
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(b) A temporary rule becomes effective upon
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nated later date, only if the statement required
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adopt all or part of the model rules by refer-
ence without complying with the rulemaking
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be amended from time to time by an adopting
agency or the Attorney General after notice
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agency shall take appropriate measures to
make temporary rules known to the persons
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(3) When a rule is amended or repealed by
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of the amendment or notice of repeal with the
Secretary of State who shall appropriately
amend the compilation required by ORS
and opportunity for hearing as required by 
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agencies shall adopt rules of procedure to be HUQRUVKDOOEHÀOHGLQWKHRIÀFHRIWKH6HFUHWDU\
utilized in the adoption of rules and conduct RI6WDWH
of proceedings in contested cases or, if exempt
from the contested case provisions of this chap-
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(3) The Secretary of State shall publish in
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Related Laws Page 541 (2015 Edition)

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However, if an agency, in disposing of a con- rearrange sections, change reference numbers

tested case, announces in its decision the
adoption of a general policy applicable to such
case and subsequent cases of like nature the
agency may rely upon such decision in dispo-
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to agree with renumbered chapters, sections
or other parts, substitute the proper sub-
section, section or chapter or other division
numbers, change capitalization for the purpose
of uniformity, and correct manifest clerical or
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request, supply copies of rules, or orders or
designated parts of rules or orders, making
and collecting therefor fees prescribed by ORS
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shall be deposited in the State Treasury to
the credit of the Secretary of State Miscella-
neous Receipts Account established under ORS
$
(7) The Secretary of State shall establish
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(b) The Secretary of State may by rule pre-
scribe requirements, not inconsistent with
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any rules which do not comply with those
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(3) The Secretary of State shall publish at
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amounts calculated to be necessary to generate
revenues adequate to pay costs incurred by the
Secretary of State in performing the following
duties that are not paid for by subscriber fees
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(a) Publication of the compilation referred
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proposing to adopt, amend or repeal a rule,
the subject matter of the rule and the name,
address and telephone number of an agency
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a copy of any proposed rule may be obtained;
(b) Contains the text or a brief description
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(b) Publication of the bulletin referred to in rule;
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information relating to rules under ORS

(8) All fees collected under subsection (7)
of this section shall be deposited in the State
Treasury to the credit of the Secretary of State
Miscellaneous Receipts Account established
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183.360 Publication of rules and orders;
nor; and
(d) Contains orders issued by the Director of
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(4) Courts shall take judicial notice of rules
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(5) The compilation required by subsection
(1) of this section shall be titled Oregon Admin-
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exceptions; requirements; bulletin; judi-   7KH 6HFUHWDU\ RI 6WDWH PD\ SXEOLVK
cial notice; citation. (1) The Secretary of the compilation and bulletin required by this
State shall compile, index and publish all rules section in print, or by placing the compilation
DGRSWHGE\HDFKDJHQF\7KHFRPSLODWLRQVKDOO DQGEXOOHWLQRQWKH,QWHUQHW>F†
be supplemented or revised as often as neces-
VDU\DQGDWOHDVWRQFHHYHU\VL[PRQWKV6XFK
FRPSLODWLRQVXSHUVHGHVDQ\RWKHUUXOHV7KH
Secretary of State may make such compila-
tions of other material published in the bulletin
DVDUHGHVLUDEOH7KH6HFUHWDU\RI6WDWHPD\
F†F†
F†F†DF†
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183.362 Program for biennial publi-
cation of Oregon Administrative Rules.
copyright the compilations prepared under this
subsection, and may establish policies for the
UHYLVLRQFODULÀFDWLRQFODVVLÀFDWLRQDUUDQJH-
ment, indexing, printing, binding, publication,
VDOHDQGGLVWULEXWLRQRIWKHFRPSLODWLRQV
(2)(a) The Secretary of State has discretion
to omit from the compilation rules the publi-
cation of which would be unduly cumbersome
or expensive if the rule in printed or pro-
1RWZLWKVWDQGLQJ256WKH6HF-
retary of State may implement a program for
the publication of the Oregon Administrative
Rules not less than once every two years with
DQQXDOVXSSOHPHQWV7KH6HFUHWDU\RI6WDWH
may implement a program under this section
only if the Secretary of State publishes the
full text of proposed administrative rules in
WKHPDQQHUVSHFLÀHGE\WKLVVHFWLRQ
cessed form is made available on application
to the adopting agency, and if the compilation
contains a notice summarizing the omitted
rule and stating how a copy thereof may be
REWDLQHG,QSUHSDULQJWKHFRPSLODWLRQWKH
Secretary of State shall not alter the sense,
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, upon implementing a program
under this section the Secretary of State shall
require that an agency submit the full text of
the proposed rule in addition to information
required to be published under the provisions
meaning, effect or substance of any rule, but RI 256   ([FHSW DV SURYLGHG LQ
may renumber sections and parts of sections subsection (3) of this section, the Secretary of
of the rules, change the wording of headnotes,

Related Laws Page 542 (2015 Edition)

 $'0,1,675$7,9(352&('85(6$&7  

State shall publish the full text of the proposed  1RIHHRURWKHUFKDUJHPD\EHLPSRVHGE\

UXOHLQWKHEXOOHWLQUHIHUUHGWRLQ256 the Secretary of State as a condition of access-
(3) The Secretary of State may waive the LQJWKHLQIRUPDWLRQLGHQWLÀHGLQVXEVHFWLRQ
submission of the full text of a proposed RIWKLVVHFWLRQ
administrative rule and decline to publish the (7) No action taken pursuant to this sec-
full text of the proposed rule in the bulletin tion shall be deemed to alter or relinquish any
UHIHUUHGWRLQ256LI copyright or other proprietary interest or enti-
(a) The proposed rule is unusually volumi- tlement of the State of Oregon relative to any
nous; and of the information made available pursuant to
VXEVHFWLRQRIWKLVVHFWLRQ>F†@
 E,QDGGLWLRQWRWKHLQIRUPDWLRQSURYLGHG
by the agency under the provisions of ORS Note  ZDV HQDFWHG LQWR ODZ E\
WKHDJHQF\LGHQWLÀHVDORFDWLRQ the Legislative Assembly but was not added
where the rule is available for inspection and to or made a part of ORS chapter 183 or any
FRS\LQJ VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
 ,IWKHDGRSWHGUXOHVXEPLWWHGWRWKH6HF-
retary of State under the provisions of ORS
LVGLIIHUHQWIURPWKHSURSRVHGUXOH
submitted to the Secretary of State under a
program implemented under this section, the
Secretary of State shall publish in the bulletin
UHIHUUHGWRLQ256HLWKHUWKHIXOOWH[W
of the rule as adopted or a list of the changes
made in the proposed rule before the agency
DGRSWHGWKHUXOH>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 183 by legislative action but
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
H[SODQDWLRQ
183.370 Distribution of published rules.
The bulletins and compilations may be distrib-
uted by the Secretary of State free of charge
as provided for the distribution of legislative
PDWHULDOVUHIHUUHGWRLQ2562WKHU
copies of the bulletins and compilations shall
be distributed by the Secretary of State at a
FRVWGHWHUPLQHGE\WKH6HFUHWDU\RI6WDWH$Q\
agency may compile and publish its rules or all
or part of its rules for purpose of distribution
outside of the agency only after it proves to
the satisfaction of the Secretary of State that
DJHQF\SXEOLFDWLRQLVQHFHVVDU\>F
IXUWKHUH[SODQDWLRQ †F†F†F
183.365 Publication of administrative †F†@
rules in electronic form. (1) Pursuant to
256WKH6HFUHWDU\RI6WDWHVKDOOSXE-
lish in electronic form administrative rules
adopted or amended by state agencies and
make the information available to the public
DQGPHPEHUVRIWKH/HJLVODWLYH$VVHPEO\
(2) The Secretary of State shall determine
the most cost-effective format and procedures
for the timely release of the information
described in subsection (1) of this section in
HOHFWURQLFIRUP
183.380>F†UHSHDOHGE\
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183.390 Petitions requesting adoption
of rules. (1) An interested person may peti-
tion an agency requesting the promulgation,
DPHQGPHQWRUUHSHDORIDUXOH7KH$WWRUQH\
General shall prescribe by rule the form for
such petitions and the procedure for their sub-
PLVVLRQFRQVLGHUDWLRQDQGGLVSRVLWLRQ1RW
later than 90 days after the date of submission
of a petition, the agency either shall deny the
 3XUVXDQWWR256EWKH6HF- petition in writing or shall initiate rulemaking
retary of State shall establish requirements for SURFHHGLQJVLQDFFRUGDQFHZLWK256
ÀOLQJDGPLQLVWUDWLYHUXOHVDGRSWHGRUDPHQGHG  ,IDSHWLWLRQUHTXHVWLQJWKHDPHQGPHQW
by state agencies for entry into computer net- or repeal of a rule is submitted to an agency
works for the purpose of subsection (1) of this under this section, the agency shall invite
VHFWLRQ public comment upon the rule, and shall spe-
(4) Although each state agency is responsi- FLÀFDOO\UHTXHVWSXEOLFFRPPHQWRQZKHWKHU
ble for its information resources, centralized options exist for achieving the rule’s substan-
information resource management must also tive goals in a way that reduces the negative
H[LVWWR HFRQRPLFLPSDFWRQEXVLQHVVHV
(a) Provide public access to the information
described in subsection (1) of this section;
(b) Provide technical assistance to state
agencies; and
 ,QUHYLHZLQJDSHWLWLRQVXEMHFWWRVXE-
section (2) of this section, the agency shall
FRQVLGHU
(a) The continued need for the rule;
 F(QVXUHWKDWWKHLQIRUPDWLRQUHVRXUFHV
needed to implement subsection (1) of this sec-
tion are addressed along with the needs of the
LQGLYLGXDODJHQFLHV
(5) Personal information concerning a
person who accesses the information identi-
(b) The nature of complaints or comments
received concerning the rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps,
GXSOLFDWHVRUFRQÁLFWVZLWKRWKHUVWDWHUXOHVRU
federal regulations and, to the extent feasible,
ÀHGLQVXEVHFWLRQRIWKLVVHFWLRQPD\EH with local government regulations;
maintained only for the purpose of providing
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Related Laws Page 543 (2015 Edition)

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(e) The degree to which technology, economic
conditions or other factors have changed in the
subject area affected by the rule; and
(f) The statutory citation or legal basis for
WKHUXOH>F†F†
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183.400 Judicial determination of valid-
ity of rule. (1) The validity of any rule may
be determined upon a petition by any person
 E:KHWKHUWKHDQWLFLSDWHGÀVFDOLPSDFWRI
the rule was underestimated or overestimated;
(c) Whether subsequent changes in the law
require that the rule be repealed or amended;
and
(d) Whether there is continued need for the
UXOH
(2) An agency shall utilize available infor-
mation in complying with the requirements of
to the Court of Appeals in the manner pro- VXEVHFWLRQRIWKLVVHFWLRQ
YLGHGIRUUHYLHZRIRUGHUVLQFRQWHVWHGFDVHV
The court shall have jurisdiction to review the
validity of the rule whether or not the peti-
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upon the validity of the rule in question, but
not when the petitioner is a party to an order
or a contested case in which the validity of the
UXOHPD\EHGHWHUPLQHGE\DFRXUW
(2) The validity of any applicable rule may
also be determined by a court, upon review
of an order in any manner provided by law or
SXUVXDQWWR256RUXSRQHQIRUFHPHQW
of such rule or order in the manner provided
E\ODZ
(3) Judicial review of a rule shall be limited
WRDQH[DPLQDWLRQRI reference;
(a) The rule under review;
(b) The statutory provisions authorizing the
rule; and
(c) Copies of all documents necessary to
demonstrate compliance with applicable
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(4) The court shall declare the rule invalid
RQO\LILWÀQGVWKDWWKHUXOH IXUWKHUH[SODQDWLRQ
(a) Violates constitutional provisions;
  ,I DQ DJHQF\ DSSRLQWV DQ DGYLVRU\
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sideration of a rule subject to the requirements
of this section, the agency shall provide the
advisory committee with a report on a review
RIWKHUXOHFRQGXFWHGXQGHUWKLVVHFWLRQ
(4) The provisions of this section do not apply
WRWKHDPHQGPHQWRUUHSHDORIDUXOH
(5) The provisions of this section do not apply
WR
(a) Rules adopted to implement court orders
or the settlement of civil proceedings;
(b) Rules that adopt federal laws or rules by
(c) Rules adopted to implement legislatively
approved fee changes; or
(d) Rules adopted to correct errors or omis-
VLRQV>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
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See Preface to Oregon Revised Statutes for
183.410 Agency determination of appli-
 E([FHHGVWKHVWDWXWRU\DXWKRULW\RIWKH
agency; or
(c) Was adopted without compliance with
DSSOLFDEOHUXOHPDNLQJSURFHGXUHV
cability of rule or statute to petitioner;
effect; judicial review. On petition of any
interested person, any agency may in its dis-
cretion issue a declaratory ruling with respect
to the applicability to any person, property, or
 ,QWKHFDVHRIGLVSXWHGDOOHJDWLRQVRI
irregularities in procedure which, if proved,
would warrant reversal or remand, the Court
of Appeals may refer the allegations to a
master appointed by the court to take evidence
DQGPDNHÀQGLQJVRIIDFW7KHFRXUW·VUHYLHZ
RIWKHPDVWHU·VÀQGLQJVRIIDFWVKDOOEHGHQRYR
RQWKHHYLGHQFH
state of facts of any rule or statute enforceable
E\LW$GHFODUDWRU\UXOLQJLVELQGLQJEHWZHHQ
the agency and the petitioner on the state of
facts alleged, unless it is altered or set aside
E\DFRXUW+RZHYHUWKHDJHQF\PD\ZKHUH
the ruling is adverse to the petitioner, review
the ruling and alter it if requested by the peti-
WLRQHU%LQGLQJUXOLQJVSURYLGHGE\WKLVVHFWLRQ
 7KHFRXUWVKDOOQRWGHFODUHDUXOHLQYDOLG
solely because it was adopted without compli-
ance with applicable rulemaking procedures
after a period of two years after the date the
UXOHZDVÀOHGLQWKHRIÀFHRIWKH6HFUHWDU\RI
State, if the agency attempted to comply with
those procedures and its failure to do so did
not substantially prejudice the interests of the
SDUWLHV>F†F†
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183.405 Agency review of rules. (1) Not
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agency shall review the rule for the purpose
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(a) Whether the rule has had the intended
effect;
are subject to review in the Court of Appeals
LQWKHPDQQHUSURYLGHGLQ256IRUWKH
UHYLHZRIRUGHUVLQFRQWHVWHGFDVHV7KH$WWRU-
ney General shall prescribe by rule the form
for such petitions and the procedure for their
VXEPLVVLRQFRQVLGHUDWLRQDQGGLVSRVLWLRQ7KH
petitioner shall have the right to submit briefs
and present oral argument at any declaratory
ruling proceeding held pursuant to this sec-
WLRQ>F†F†F
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(Contested Cases)
ity. Unless otherwise provided by law, an
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Related Laws Page 544 (2015 Edition)

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WRDQRIÀFHURUHPSOR\HHRIWKHDJHQF\RUWRD
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delegation of authority under this section must
be made in writing before the issuance of any
order pursuant to the delegation and must be
UHWDLQHGLQWKHDJHQF\·VUHFRUGV>F
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Note: 183.411 was added to and made
a part of ORS chapter 183 by legislative
action but was not added to any smaller
series therein. See Preface to Oregon Revised
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
183.413 Notice to parties before hear-
ing of rights and procedure; failure to
provide notice. (1) The Legislative Assembly
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have a right to be informed as to the proce-
 
(j) Whether an attorney will represent the
agency in the matters to be heard and whether
the parties ordinarily and customarily are rep-
UHVHQWHGE\DQDWWRUQH\
(k) The title and function of the person
presiding at the hearing with respect to the
decision process, including, but not limited
to, the manner in which the testimony and
evidence taken by the person presiding at the
hearing are reviewed, the effect of that person’s
GHWHUPLQDWLRQZKRPDNHVWKHÀQDOGHWHUPL-
nation on behalf of the agency, whether the
person presiding at the hearing is or is not
DQHPSOR\HHRIÀFHURURWKHUUHSUHVHQWDWLYH
of the agency and whether that person has
WKH DXWKRULW\ WR PDNH D ÀQDO LQGHSHQGHQW
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dures by which contested cases are heard by
state agencies, their rights in hearings before
state agencies, the import and effect of hear-
ings before state agencies and their rights
and remedies with respect to actions taken
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of subsections (2) and (3) of this section to set
forth certain requirements of state agencies so
that parties to contested case hearings shall
be fully informed as to these matters when
H[HUFLVLQJWKHLUULJKWVEHIRUHVWDWHDJHQFLHV
(2) Prior to the commencement of a contested
case hearing before any agency including
WKRVHDJHQFLHVLGHQWLÀHGLQ256WKH
agency shall serve personally or by mail a writ-
ten notice to each party to the hearing that
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 /,QWKHHYHQWDSDUW\LVQRWUHSUHVHQWHGE\
an attorney, whether the party may during the
course of proceedings request a recess if at that
point the party determines that representation
by an attorney is necessary to the protection
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(m) Whether there exists an opportunity
for an adjournment at the end of the hearing
if the party then determines that additional
evidence should be brought to the attention of
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(n) Whether there exists an opportunity
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mination or order of the agency to review
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conclusions of law, summary of evidence or
 D7KHWLPHDQGSODFHRIWKHKHDULQJ WKHKHDULQJ
(b) A statement of the authority and juris- (o) A description of the appeal process from
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 F$VWDWHPHQWWKDWJHQHUDOO\LGHQWLÀHVWKH
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(d) A statement indicating that the party
may be represented by counsel and that legal
aid organizations may be able to assist a party
ZLWKOLPLWHGÀQDQFLDOUHVRXUFHV
(e) A statement that the party has the right
to respond to all issues properly before the
SUHVLGLQJRIÀFHUDQGSUHVHQWHYLGHQFHDQG
ZLWQHVVHVRQWKRVHLVVXHV
(f) A statement indicating whether discovery
(p) A statement that active duty servicemem-
bers have a right to stay proceedings under
the federal Servicemembers Civil Relief Act
and may contact the Oregon State Bar or the
Oregon Military Department for more informa-
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telephone numbers for the Oregon State Bar
and the Oregon Military Department and the
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Forces Legal Assistance Legal Services Loca-
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(3) The failure of an agency to give notice
is permitted and, if so, how discovery may be
UHTXHVWHG
(g) A general description of the hearing pro-
cedure including the order of presentation of
evidence, what kinds of evidence are admis-
sible, whether objections may be made to the
introduction of evidence and what kind of objec-
tions may be made and an explanation of the
burdens of proof or burdens of going forward
ZLWKWKHHYLGHQFH
(h) Whether a record will be made of the
proceedings and the manner of making the
UHFRUGDQGLWVDYDLODELOLW\WRWKHSDUWLHV
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section does not invalidate any determination
or order of the agency unless upon an appeal
from or review of the determination or order
DFRXUWÀQGVWKDWWKHIDLOXUHDIIHFWVWKHVXE-
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the matter to the agency for a reopening of the
hearing and shall direct the agency as to what
steps it shall take to remedy the prejudice to
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Related Laws Page 545 (2015 Edition)

 RELATED LAWS

provided notice of rights under the federal Ser- (2) Agencies may adopt rules of procedure
vicemembers Civil Relief Act to each party governing participation in contested case
WRDFRQWHVWHGFDVHXQGHU256LVQRW proceedings by persons appearing as limited
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long as the agency continues to provide notice position may be made of any contested case by
in the same manner as it was previously pro- stipulation, agreed settlement, consent order
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183.415 Notice of right to hearing. (1)
7KH/HJLVODWLYH$VVHPEO\ÀQGVWKDWSHUVRQV
affected by actions taken by state agencies
have a right to be informed of their rights and
UHPHGLHVZLWKUHVSHFWWRWKHDFWLRQV
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in license revocation proceedings by written
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(b) Any informal disposition of a contested
 ,QDFRQWHVWHGFDVHDOOSDUWLHVVKDOO case, other than an informal disposition by
be afforded an opportunity for hearing after default, must be in writing and signed by the
reasonable notice, served personally or by reg- SDUW\RUSDUWLHVWRWKHFRQWHVWHGFDVH7KH
LVWHUHGRUFHUWLÀHGPDLO agency shall incorporate that disposition into
 1RWLFHXQGHUWKLVVHFWLRQPXVWLQFOXGH DÀQDORUGHU$QRUGHUXQGHUWKLVSDUDJUDSKLV
(a) A statement of the party’s right to hear-
ing, with a description of the procedure and
time to request a hearing, or a statement of
the time and place of the hearing;
(b) A statement of the authority and juris-
diction under which the hearing is to be held;
(c) A reference to the particular sections of
the statutes and rules involved;
(d) A short and plain statement of the mat-
ters asserted or charged;
(e) A statement indicating whether and
under what circumstances an order by default
may be entered; and
(f) A statement that active duty servicemem-
bers have a right to stay proceedings under
the federal Servicemembers Civil Relief Act
and may contact the Oregon State Bar or the
Oregon Military Department for more informa-
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telephone numbers for the Oregon State Bar
and the Oregon Military Department and
WKH,QWHUQHWDGGUHVVIRUWKH8QLWHG6WDWHV
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deliver or mail a copy of the order to each party
and to the attorney of record if the party is
UHSUHVHQWHG$QRUGHUWKDWLQFRUSRUDWHVWKH
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A party may petition the agency to set aside
DÀQDORUGHUWKDWLQFRUSRUDWHVWKHLQIRUPDO
disposition on the ground that the informal
GLVSRVLWLRQZDVREWDLQHGE\IUDXGRUGXUHVV
(4) An order adverse to a party may be issued
upon default only if a prima facie case is made
RQWKHUHFRUG7KHUHFRUGRQDGHIDXOWRUGHU
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The record on a default order may be made at
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on the default order consists solely of an appli-
cation and other materials submitted by the
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(5) At the commencement of a contested case
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shall explain the issues involved in the hearing
and the matters that the parties must either
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 6HF$QDJHQF\WKDWSULRUWRWKHHIIHF-
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provided notice of rights under the federal Ser-
vicemembers Civil Relief Act to each party
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substance of any written or oral ex parte
communication on a fact in issue made to the
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and notify the parties of the communication
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long as the agency continues to provide notice 2IÀFHRI$GPLQLVWUDWLYH+HDULQJVHVWDEOLVKHG
in the same manner as it was previously pro- XQGHU256WKHDGPLQLVWUDWLYHODZ
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hearing. ,QDFRQWHVWHGFDVHSURFHHGLQJ
the parties may elect to be represented by
counsel and to respond and present evidence
and argument on all issues properly before the
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ensure that the record developed at the hearing
shows a full and fair inquiry into the facts nec-
essary for consideration of all issues properly
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(9) The record in a contested case shall
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Related Laws 3DJH (2015 Edition)

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(a) All pleadings, motions and intermediate rules of the agency, such license shall not be
UXOLQJV deemed to expire, despite any stated expira-
 E(YLGHQFHUHFHLYHGRUFRQVLGHUHG tion date thereon, until the agency concerned
has issued a formal order of grant or denial of
 F6WLSXODWLRQV VXFKUHQHZDO,QFDVHDQDJHQF\SURSRVHVWR
 G$VWDWHPHQWRIPDWWHUVRIÀFLDOO\QRWLFHG
(e) Questions and offers of proof, objections
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(f) A statement of any ex parte communica-
tion that must be disclosed under subsection
refuse to renew such license, upon demand of
the licensee, the agency must grant hearing
as provided by this chapter before issuance
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does not apply to any emergency or temporary
SHUPLWRUOLFHQVH
(7) of this section and that was made to the  ,QDQ\FDVHZKHUHWKHDJHQF\ÀQGVDVHUL-
RIÀFHUSUHVLGLQJDWWKHKHDULQJ ous danger to the public health or safety and
 J3URSRVHGÀQGLQJVDQGH[FHSWLRQV VHWVIRUWKVSHFLÀFUHDVRQVIRUVXFKÀQGLQJV
the agency may suspend or refuse to renew
 K$Q\SURSRVHGLQWHUPHGLDWHRUÀQDORUGHU
prepared by the agency or an administrative
ODZMXGJH
(10) A verbatim oral, written or mechanical
record shall be made of all motions, rulings
and testimony in a contested case proceed-
LQJ 7KH UHFRUG QHHG QRW EH WUDQVFULEHG
unless requested for purposes of rehearing
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party requesting transcription the cost of a
FRS\RIWUDQVFULSWLRQXQOHVVWKHSDUW\ÀOHV
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petition, a court having jurisdiction to review
XQGHU256PD\UHGXFHRUHOLPLQDWH
WKHFKDUJHXSRQÀQGLQJWKDWLWLVHTXLWDEOH
a license without hearing, but if the licensee
demands a hearing within 90 days after the
date of notice to the licensee of such suspension
or refusal to renew, then a hearing must be
granted to the licensee as soon as practicable
after such demand, and the agency shall issue
an order pursuant to such hearing as required
E\WKLVFKDSWHUFRQÀUPLQJDOWHULQJRUUHYRN-
LQJLWVHDUOLHURUGHU6XFKDKHDULQJQHHGQRW
be held where the order of suspension or refusal
to renew is accompanied by or is pursuant to, a
citation for violation which is subject to judicial
determination in any court of this state, and
the order by its terms will terminate in case
RIÀQDOMXGJPHQWLQIDYRURIWKHOLFHQVHH>
to do so, or that matters of general interest
would be determined by review of the order of
WKHDJHQF\>F†@
183.418>F†F†
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183.435 Period allowed to request hear-
ing for license refusal on grounds other
than test or inspection results. When an
agency refuses to issue a license required to
pursue any commercial activity, trade, occu-
183.420>F†UHSHDOHGE\
F†@
183.421>F†UHSHDOHGE\
F†@
183.425 Depositions or subpoena of
material witness; discovery. (1) On peti-
tion of any party to a contested case, or upon
the agency’s own motion, the agency may order
that the testimony of any material witness may
be taken by deposition in the manner pre-
VFULEHGE\ODZIRUGHSRVLWLRQVLQFLYLODFWLRQV
Depositions may also be taken by the use of
DXGLRRUDXGLRYLVXDOUHFRUGLQJV7KHSHWLWLRQ
shall set forth the name and address of the wit-
ness whose testimony is desired, a showing of
the materiality of the testimony of the witness,
and a request for an order that the testimony of
VXFKZLWQHVVEHWDNHQEHIRUHDQRIÀFHUQDPHG
LQWKHSHWLWLRQIRUWKDWSXUSRVH,IWKHZLWQHVV
resides in this state and is unwilling to appear,
the agency may issue a subpoena as provided
pation or profession if the refusal is based on
grounds other than the results of a test or
inspection that agency shall grant the person
UHTXHVWLQJWKHOLFHQVHGD\VIURPQRWLÀFDWLRQ
RIWKHUHIXVDOWRUHTXHVWDKHDULQJ>)RUPHUO\
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183.440 Subpoenas in contested cases.
(1) An agency may issue subpoenas on its
RZQPRWLRQLQDFRQWHVWHGFDVH,QDGGLWLRQ
DQDJHQF\RUKHDULQJRIÀFHULQDFRQWHVWHG
case may issue subpoenas upon the request
of a party to a contested case upon a showing
of general relevance and reasonable scope of
WKHHYLGHQFHVRXJKW$SDUW\HQWLWOHGWRKDYH
witnesses on behalf of the party may have
subpoenas issued by an attorney of record of
the party, subscribed by the signature of the
DWWRUQH\:LWQHVVHVDSSHDULQJSXUVXDQWWR
VXESRHQDRWKHUWKDQWKHSDUWLHVRURIÀFHUV
or employees of the agency, shall receive fees
and mileage as prescribed by law for witnesses
LQ256UHTXLULQJWKHDSSHDUDQFHRI LQ256
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(2) An agency may, by rule, prescribe other
methods of discovery which may be used in
SURFHHGLQJVEHIRUHWKHDJHQF\>F†
F†F†F†@
183.430 Hearing on refusal to renew
 ,IDQ\SHUVRQIDLOVWRFRPSO\ZLWKDQ\
subpoena so issued or any party or witness
refuses to testify on any matters on which the
party or witness may be lawfully interrogated,
the judge of the circuit court of any county,
RQWKHDSSOLFDWLRQRIWKHKHDULQJRIÀFHUWKH
agency or the party requesting the issuance
license; exceptions. ,QWKHFDVHRIDQ\ of or issuing the subpoena, shall compel obe-
license which must be periodically renewed, dience by proceedings for contempt as in the
where the licensee has made timely appli- case of disobedience of the requirements of a
cation for renewal in accordance with the subpoena issued from such court or a refusal

Related Laws Page 547 (2015 Edition)

 RELATED LAWS

WRWHVWLI\WKHUHLQ>F†F knowledge in the evaluation of the evidence

†F†F†F SUHVHQWHG
†DF†F†@ (5) No sanction shall be imposed or order be
183.445 Subpoena by agency or attor- issued except upon consideration of the whole
ney of record of party when agency not record or such portions thereof as may be cited
subject to ORS 183.440.  ,Q DQ\ SUR-
ceeding before an agency not subject to ORS
LQZKLFKDSDUW\LVHQWLWOHGWRKDYH
subpoenas issued for the appearance of wit-
nesses on behalf of the party, a subpoena may
be issued by an attorney of record of the party,
VXEVFULEHGE\WKHVLJQDWXUHRIWKHDWWRUQH\$
subpoena issued by an attorney of record may
be enforced in the same manner as a subpoena
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by any party, and as supported by, and in accor-
dance with, reliable, probative and substantial
HYLGHQFH>F†F†
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183.452 Representation of agencies at
contested case hearings. (1) Agencies may,
at their discretion, be represented at contested
FDVHKHDULQJVE\WKH$WWRUQH\*HQHUDO
  ,Q DQ\ SURFHHGLQJ EHIRUH DQ DJHQF\
QRWVXEMHFWWR256LQZKLFKDSDUW\
is entitled to have subpoenas issued by the
agency to compel the appearance of witnesses
on behalf of the party, the agency may issue
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F†F†@
183.450 Evidence in contested cases. ,Q
FRQWHVWHGFDVHV the class of hearings that includes the partic-
  1RWZLWKVWDQGLQJ 256  
and ORS chapter 180, and unless otherwise
authorized by another law, an agency may be
represented at contested case hearings by an
RIÀFHURUHPSOR\HHRIWKHDJHQF\LI
(a) The Attorney General has consented to
the representation of the agency by an agency
representative in the particular hearing or in
 ,UUHOHYDQWLPPDWHULDORUXQGXO\UHSHWL-
tious evidence shall be excluded but erroneous
rulings on evidence shall not preclude agency
action on the record unless shown to have sub-
VWDQWLDOO\SUHMXGLFHGWKHULJKWVRIDSDUW\$OO
other evidence of a type commonly relied upon
by reasonably prudent persons in conduct of
WKHLUVHULRXVDIIDLUVVKDOOEHDGPLVVLEOH$JHQ-
FLHVDQGKHDULQJRIÀFHUVVKDOOJLYHHIIHFWWRWKH
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to evidentiary offers may be made and shall be
ular hearing; and
(b) The agency, by rule, has authorized an
agency representative to appear on its behalf in
WKHSDUWLFXODUW\SHRIKHDULQJEHLQJFRQGXFWHG
(3) An agency representative acting under
the provisions of this section may not give legal
advice to an agency, and may not present legal
argument in contested case hearings, except
to the extent authorized by subsection (4) of
WKLVVHFWLRQ
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(2) All evidence shall be offered and made
a part of the record in the case, and except for
matters stipulated to and except as provided
in subsection (4) of this section no other factual
information or evidence shall be considered in
WKHGHWHUPLQDWLRQRIWKHFDVH'RFXPHQWDU\
evidence may be received in the form of copies
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The burden of presenting evidence to support
a fact or position in a contested case rests on
WKHSURSRQHQWRIWKHIDFWRUSRVLWLRQ
 7KHRIÀFHUSUHVLGLQJDWDFRQWHVWHGFDVH
hearing in which an agency representative
appears under the provisions of this section
may allow the agency representative to pres-
ent evidence, examine and cross-examine
witnesses, and make arguments relating to
WKH
(a) Application of statutes and rules to the
facts in the contested case;
(b) Actions taken by the agency in the past
in similar situations;
(c) Literal meaning of the statutes or rules
  (YHU\ SDUW\ VKDOO KDYH WKH ULJKW RI
cross-examination of witnesses who testify
and shall have the right to submit rebuttal
HYLGHQFH3HUVRQVDSSHDULQJLQDOLPLWHGSDUW\
status shall participate in the manner and to
WKHH[WHQWSUHVFULEHGE\UXOHRIWKHDJHQF\
at issue in the contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the con-
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(5) Upon judicial review, no limitation
 7KHKHDULQJRIÀFHUDQGDJHQF\PD\WDNH imposed under this section on an agency rep-
notice of judicially cognizable facts, and may resentative is the basis for reversal or remand
WDNHRIÀFLDOQRWLFHRIJHQHUDOWHFKQLFDORUVFL- of agency action unless the limitation resulted
HQWLÀFIDFWVZLWKLQWKHVSHFLDOL]HGNQRZOHGJH LQVXEVWDQWLDOSUHMXGLFHWRDSDUW\
RIWKHKHDULQJRIÀFHURUDJHQF\3DUWLHVVKDOO
EHQRWLÀHGDWDQ\WLPHGXULQJWKHSURFHHGLQJ
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afforded an opportunity to contest the facts so
QRWLFHG7KHKHDULQJRIÀFHUDQGDJHQF\PD\
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rience, technical competence and specialized
Related Laws Page 548
 7KH$WWRUQH\*HQHUDOPD\SUHSDUHPRGHO
rules for agency representatives authorized
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ace to Oregon Revised Statutes for further
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(2015 Edition)
 $'0,1,675$7,9(352&('85(6$&7
183.453 Representation of Oregon
Health Authority and Department of
Human Services at contested case hear-
ings. The Oregon Health Authority and the
Department of Human Services may be rep-
resented at contested case hearings by an
RIÀFHURUHPSOR\HHRIHLWKHUWKHDXWKRULW\RU
the department, subject to the requirements
RI256>F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 183 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
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(2) A person participating in a contested
case hearing as provided in subsection (1) of
this section may appear by an authorized rep-
UHVHQWDWLYHLI
(a) The agency conducting the contested case
hearing has determined that appearance of
such a person by an authorized representative
will not hinder the orderly and timely devel-
opment of the record in the type of contested
case hearing being conducted;
(b) The agency conducting the contested case
hearing allows, by rule, authorized representa-
tives to appear on behalf of such participants
in the type of contested case hearing being
conducted; and
183.455>F†UHSHDOHGE\
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183.457 Representation of persons other
than agencies participating in contested
case hearings. (1) Notwithstanding ORS
DQGDQGXQOHVVRWKHUZLVH
authorized by another law, a person partici-
pating in a contested case hearing conducted
by an agency described in this subsection may
 F7KHRIÀFHUSUHVLGLQJDWWKHFRQWHVWHG
case hearing may exercise discretion to limit
an authorized representative’s presentation
of evidence, examination and cross-examina-
tion of witnesses, or presentation of factual
arguments to ensure the orderly and timely
development of the hearing record, and shall
not allow an authorized representative to
present legal arguments except to the extent
be represented by an attorney or by an autho- DXWKRUL]HGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
rized representative subject to the provisions  7KHRIÀFHUSUHVLGLQJDWDFRQWHVWHGFDVH
RIVXEVHFWLRQRIWKLVVHFWLRQ7KH$WWRUQH\
General shall prepare model rules for proceed-
ings with lay representation that do not have
WKHHIIHFWRISUHFOXGLQJOD\UHSUHVHQWDWLRQ1R
rule adopted by a state agency shall have the
HIIHFWRISUHFOXGLQJOD\UHSUHVHQWDWLRQ7KH
agencies before which an authorized represen-
WDWLYHPD\DSSHDUDUH (a) Application of statutes and rules to the
(a) The State Landscape Contractors Board
in the administration of the Landscape Con-
WUDFWRUV/DZ
hearing in which an authorized representative
appears under the provisions of this section
may allow the authorized representative to
present evidence, examine and cross-examine
witnesses, and make arguments relating to
WKH
facts in the contested case;
(b) Actions taken by the agency in the past
in similar situations;
 E7KH6WDWH'HSDUWPHQWRI(QHUJ\DQGWKH (c) Literal meaning of the statutes or rules
(QHUJ\)DFLOLW\6LWLQJ&RXQFLO at issue in the contested case;
 F7KH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQ
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(d) The Department of Consumer and Busi-
ness Services for proceedings in which an
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(e) The Department of Consumer and Busi-
ness Services and any other agency for the
purpose of proceedings to enforce the state
EXLOGLQJFRGHDVGHÀQHGE\256
(f) The State Fire Marshal in the Depart-
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(g) The Department of State Lands for pro-
ceedings regarding the issuance or denial of
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(d) Admissibility of evidence; and
(e) Proper procedures to be used in the con-
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(4) Upon judicial review, no limitation
LPSRVHGE\DQDJHQF\SUHVLGLQJRIÀFHURQWKH
participation of an authorized representative
shall be the basis for reversal or remand of
agency action unless the limitation resulted
in substantial prejudice to a person entitled
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(5) For the purposes of this section, “autho-
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participating partnership, an authorized
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corporation, association or organized group,
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 K7KH3XEOLF8WLOLW\&RPPLVVLRQ
(i) The Water Resources Commission and
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(j) The Land Conservation and Development
Commission and the Department of Land Con-
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(k) The State Department of Agriculture,
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ticipating governmental authority other than
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Related Laws Page 549 (2015 Edition)

 RELATED LAWS
183.458 Nonattorney and out-of-state
attorney representation of parties in
certain contested case hearings. (1) Not-
withstanding any other provision of law, in any
contested case hearing before a state agency
involving child support, public assistance as
GHÀQHGLQ256PHGLFDODVVLVWDQFH
DVGHÀQHGLQ256RUWKHULJKWWREH
free from potentially unusual or hazardous
evidence, examine and cross-examine wit-
QHVVHVDQGPDNHDUJXPHQWVUHODWLQJWRWKH
(a) Application of statutes and rules to the
facts in the contested case;
(b) Actions taken by the agency in the past
in similar situations;
(c) Literal meaning of the statutes or rules
at issue in the contested case;
WUHDWPHQWSURFHGXUHVXQGHU256
a party may be represented by any of the fol-
ORZLQJSHUVRQV (e) Proper procedures to be used in the con-
(a) An attorney licensed to practice law in
any state who is an employee of or contracts
ZLWKDQRQSURÀWOHJDOVHUYLFHVSURJUDPWKDW
UHFHLYHVIXQGLQJSXUVXDQWWR256
(b) An authorized representative who is an
HPSOR\HHRIDQRQSURÀWOHJDOVHUYLFHVSURJUDP
WKDWUHFHLYHVIXQGLQJSXUVXDQWWR256
The authorized representative must be super-
vised by an attorney also employed by a legal
VHUYLFHVSURJUDP
(c) An authorized representative who is
an employee of the system described in ORS
(d) Admissibility of evidence; and
WHVWHGFDVHKHDULQJ>F†@
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Preface to Oregon Revised Statutes for further
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183.460 Examination of evidence by
agency. Whenever in a contested case a major-
LW\RIWKHRIÀFLDOVRIWKHDJHQF\ZKRDUHWR
UHQGHUWKHÀQDORUGHUKDYHQRWKHDUGWKHFDVH
or considered the record, the order, if adverse
to a party other than the agency itself, shall
7KHDXWKRUL]HGUHSUHVHQWDWLYH not be made until a proposed order, including
must be supervised by an attorney also ÀQGLQJVRIIDFWDQGFRQFOXVLRQVRIODZKDVEHHQ
HPSOR\HGE\WKHV\VWHP served upon the parties and an opportunity has
been afforded to each party adversely affected
 ,QDQ\FRQWHVWHGFDVHKHDULQJEHIRUHD WRÀOHH[FHSWLRQVDQGSUHVHQWDUJXPHQWWRWKH
state agency involving child support, a party RIÀFLDOVZKRDUHWRUHQGHUWKHGHFLVLRQ>
PD\EHUHSUHVHQWHGE\DODZVWXGHQWZKRLV F†F†F†@
(a) Handling the child support matter as 183.462 Agency statement of ex parte
part of a law school clinical program in which communications; notice. The agency shall
the student is enrolled; and place on the record a statement of the substance
(b) Supervised by an attorney employed by of any written or oral ex parte communications
WKHSURJUDP on a fact in issue made to the agency during its
UHYLHZRIDFRQWHVWHGFDVH7KHDJHQF\VKDOO
 ,QDQ\FRQWHVWHGFDVHKHDULQJEHIRUH
a state agency involving an applicant for or
recipient of medical assistance, the claimant
may be represented by a relative, friend or any
RWKHUSHUVRQRIWKHFODLPDQW·VFKRRVLQJ
(4) A person authorized to represent a party
notify all parties of such communications and
of their right to rebut the substance of the ex
SDUWHFRPPXQLFDWLRQVRQWKHUHFRUG>
F†F@
 3URSRVHGRUGHUE\KHDULQJRIÀ-
cer; amendment by agency; exemptions.
under this section may present evidence in ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHFWLRQV
the proceeding, examine and cross-examine
witnesses and present factual and legal argu-
PHQWVLQWKHSURFHHGLQJ>F†
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183.459 Representation of home care
worker by labor union representative. (1)
1RWZLWKVWDQGLQJ256DQG
DKRPHFDUHZRUNHUDVGHÀQHGLQ256
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is authorized or required by law or agency rule
WRLVVXHDÀQDORUGHUWKHKHDULQJRIÀFHUVKDOO
prepare and serve on the agency and all parties
to a contested case hearing a proposed order,
LQFOXGLQJUHFRPPHQGHGÀQGLQJVRIIDFWDQG
FRQFOXVLRQVRIODZ7KHSURSRVHGRUGHUVKDOO
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date of service of the proposed order, unless the
agency within that period issues an amended
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(2) An agency may by rule specify a period of
time after which a proposed order will become
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who is a party in a contested case hearing con- VXEVHFWLRQRIWKLVVHFWLRQ
ducted by the Department of Human Services  ,IDQDJHQF\GHWHUPLQHVWKDWDGGLWLRQDO
may be represented in the hearing by a labor time will be necessary to allow the agency
XQLRQUHSUHVHQWDWLYH adequately to review a proposed order in a
 7KHKHDULQJRIÀFHUDWDFRQWHVWHGFDVH
hearing in which a labor union representative
appears under the provisions of this section
shall allow the representative to present
contested case, the agency may extend the time
after which the proposed order will become
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shall notify the parties to the hearing of the
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Related Laws Page 550 (2015 Edition)

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(4) Subsections (1) to (4) of this section do DGPLQLVWUDWLYHODZMXGJHXQGHU256

not apply to the Public Utility Commission or LVDÀQDORUGHULVVXHGE\WKHDJHQF\WKDW
WKH(QHUJ\)DFLOLW\6LWLQJ&RXQFLO authorized the administrative law judge to
(5) The Governor may exempt any agency or FRQGXFWWKHKHDULQJ
any class of contested case hearings before an  7KLVVHFWLRQGRHVQRWDSSO\WRÀQDORUGHUV
agency from the requirements in whole or part
of subsections (1) to (4) of this section by exec-
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183.470 Orders in contested cases. ,QD
E\GHIDXOWLVVXHGXQGHU256RUWR
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(a) The Department of Revenue;
(b) The State Board of Parole and Post-
Prison Supervision;
(c) The Department of Corrections;
FRQWHVWHGFDVH  G7KH(PSOR\PHQW5HODWLRQV%RDUG
 (YHU\RUGHUDGYHUVHWRDSDUW\WRWKH (e) The Public Utility Commission of Oregon;
proceeding shall be in writing or stated in the
UHFRUGDQGPD\EHDFFRPSDQLHGE\DQRSLQLRQ (f) The Oregon Health Authority;
 $ÀQDORUGHUVKDOOEHDFFRPSDQLHGE\
ÀQGLQJVRIIDFWDQGFRQFOXVLRQVRIODZ7KH
ÀQGLQJVRIIDFWVKDOOFRQVLVWRIDFRQFLVHVWDWH-
ment of the underlying facts supporting the
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as to each ultimate fact required to support
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(3) The agency shall notify the parties to
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mailing a copy of the order and any accompa-
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(g) The Land Conservation and Development
Commission;
(h) The Land Use Board of Appeals;
(i) The Division of Child Support of the
Department of Justice;
(j) The Department of Transportation, if the
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registrations, vehicle titles or driving privi-
leges or to the assessment of taxes or stipulated
settlements in the regulation of vehicle related
businesses;
 (YHU\ÀQDORUGHUVKDOOLQFOXGHDFLWDWLRQ
of the statutes under which the order may be  N7KH(PSOR\PHQW'HSDUWPHQWRUWKH
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183.471 Preservation of orders in elec-  /7KH(PSOR\PHQW'HSDUWPHQWLIWKH
tronic format; fees. (1) When an agency ÀQDORUGHUUHODWHVWRDQDVVHVVPHQWRIXQHP-
LVVXHVDÀQDORUGHULQDFRQWHVWHGFDVHWKH ployment tax for which a hearing was not held;
DJHQF\VKDOOPDLQWDLQWKHÀQDORUGHULQDGLJ- or
LWDOIRUPDWWKDW (m) The Department of Human Services, if
 D,GHQWLÀHVWKHÀQDORUGHUE\WKHGDWHLW WKHÀQDORUGHUZDVQRWUHODWHGWROLFHQVLQJRU
was issued; FHUWLÀFDWLRQ>F†@
 E,VVXLWDEOHIRULQGH[LQJDQGVHDUFKLQJ
and
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183.480 Judicial review of agency
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requests submitted under this section in a cal-
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agency may impose a fee in accordance with
256WRUHLPEXUVHWKHDJHQF\IRUWKH
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order entered in a contested case by an or except upon showing that the agency is pro-
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Related Laws Page 551 (2015 Edition)

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party will suffer substantial and irreparable
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tested cases; procedure; scope of court
authority. (1) Jurisdiction for judicial review
of contested cases is conferred upon the Court
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days only following the date the order upon
which the petition is based is served unless
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lowing the date the order denying the petition
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otherwise act, a petition for rehearing or recon-
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the matter to issue before the Court of Appeals
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(d) Agency denial of a motion for stay is sub-
ject to review by the Court of Appeals under
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(4) Within 30 days after service of the peti-
tion, or within such further time as the court
may allow, the agency shall transmit to the
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of the entire record of the proceeding under
review, but, by stipulation of all parties to the
review proceeding, the record may be short-
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stipulate to limit the record may be taxed by
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may require or permit subsequent corrections
or additions to the record when deemed desir-
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subsection, the cost of the record shall not
be taxed to the petitioner or any intervening
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and the cost of agency transcription of record
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and in such cases, petition for judicial review
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which the agency delivered or mailed its order
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(2) The petition shall state the nature of
the order the petitioner desires reviewed, and
shall state whether the petitioner was a party
to the administrative proceeding, was denied
status as a party or is seeking judicial review
as a person adversely affected or aggrieved
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petitioner shall, by supporting affidavit,
state the facts showing how the petitioner is
adversely affected or aggrieved by the agency
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petition for review, the Court of Appeals shall
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the date set for hearing, application is made
to the court for leave to present additional
evidence, and it is shown to the satisfaction
of the court that the additional evidence is
material and that there were good and sub-
stantial reasons for failure to present it in the
proceeding before the agency, the court may
order that the additional evidence be taken
before the agency upon such conditions as the
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become a part of the record, the additional evi-
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whether or not the petitioner is entitled to peti-
tion as an adversely affected or an aggrieved
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and all other parties of record in the agency
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the petition for review and prior to the date set
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the petition for review and the review shall
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(b) When a petitioner makes the showing
required by paragraph (a) of this subsection,
the agency shall grant the stay unless the
agency determines that substantial public
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tions as the giving of a bond, irrevocable letter
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Related Laws Page 552
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petition for review shall not be required if the
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order in favor of the petitioner, the court shall
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(7) Review of a contested case shall be con-
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case of disputed allegations of irregularities in
(2015 Edition)
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procedure before the agency not shown in the
record which, if proved, would warrant rever-
sal or remand, the Court of Appeals may refer
the allegations to a master appointed by the
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order for further agency action if the court
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or the correctness of the action may have been
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which the agency delivered or mailed its order
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(3) The petition shall state the nature of the
petitioner’s interest, the facts showing how the
petitioner is adversely affected or aggrieved by
the agency order and the ground or grounds
upon which the petitioner contends the order
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shall proceed and be conducted by the court
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order in favor of the petitioner, the court shall
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cially stated agency position, or a prior agency WREHSDLGIURPIXQGVDYDLODEOHWRWKHDJHQF\
practice, if the inconsistency is not explained
by the agency; or
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(c) The court shall set aside or remand
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not supported by substantial evidence in the
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whole, would permit a reasonable person to
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cedure; scope of court authority. (1)
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circuit court for the county in which the peti-
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Proceedings for review under this section shall
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for the county in which the petitioner resides
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evidence in the record and conclusions of law
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Related Laws Page 553 (2015 Edition)

 RELATED LAWS
183.485 Decision of court on review of
contested case. (1) The court having jurisdic-
tion for judicial review of contested cases shall
direct its decision, including its judgment, to
the agency issuing the order being reviewed
and may direct that its judgment be delivered
to the circuit court for any county designated
by the prevailing party for entry in the circuit
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(2) Upon receipt of the court’s decision,
part of the attorney fees from any allowance
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agency has proved that its action was substan-
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exist that make the allowance of all or part of
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(2) The provisions of subsection (1) of this
section apply to an administrative or judicial
proceeding brought by a petitioner against a
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including the judgment, the clerk of the circuit
court shall enter a judgment in the register
of the court pursuant to the direction of the
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reviewing court. (1) The reviewing court’s
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be mandatory, prohibitory, or declaratory in
form, and it shall provide whatever relief is
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(a) Order agency action required by law,
order agency exercise of discretion when
required by law, set aside agency action,
remand the case for further agency proceedings
or decide the rights, privileges, obligations,
requirements or procedures at issue between
the parties; and
(b) Order such ancillary relief as the court
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(b) Judicial review of a declaratory ruling
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(c) A judicial determination of the validity
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(3) Amounts allowed under this section for
reasonable attorney fees and costs shall be
paid from funds available to the state agency
ZKRVHÀQDORUGHUGHFODUDWRU\UXOLQJRUUXOH
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the Legislative Assembly but was not added
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(Appeals From Circuit Courts)
183.500 Appeals. Any party to the pro-
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remands the case to the agency for further pro-
ceedings, it may make such interlocutory order
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interests of any party and the public pending
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from the judgment of that court to the Court
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manner provided by law for appeals from the
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ting aside, modifying, remanding, or ordering
agency action or ancillary relief under a spec-
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183.490 Agency may be compelled to
act. The court may, upon petition as described
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it has unlawfully refused to act or make a deci-
sion or unreasonably delayed taking action or
PDNLQJDGHFLVLRQ>F†F
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183.497 Awarding costs and attorney
(Alternative Dispute Resolution)
183.502 Authority of agencies to use
alternative means of dispute resolution;
model rules; amendment of agreements
and forms; agency alternative dispute
resolution programs. (1) Unless otherwise
prohibited by law, agencies may use alternative
means of dispute resolution in rulemaking pro-
ceedings, contested case proceedings, judicial
proceedings in which the agency is a party, and
any other decision-making process in which
FRQÁLFWVPD\DULVH7KHDOWHUQDWLYHPHDQVRI
dispute resolution may be arbitration, media-
tion or any other collaborative problem-solving
process designed to encourage parties to work
together to develop mutually agreeable solu-
IHHVZKHQÀQGLQJIRUSHWLWLRQHU,QD WLRQVWRGLVSXWHV8VHRIDOWHUQDWLYHPHDQVRI
judicial proceeding designated under subsec- dispute resolution by an agency does not affect
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(a) May, in its discretion, allow a petitioner
reasonable attorney fees and costs if the court
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(b) Shall allow a petitioner reasonable attor-
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the petitioner and determines that the state
agency acted without a reasonable basis in fact
or in law; but the court may withhold all or
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(2) An agency that elects to utilize alter-
native means of dispute resolution shall
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ment of Justice and the Oregon Department of
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Related Laws Page 554 (2015 Edition)

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or program for implementation of alternative (8) The purpose of the agency alternative
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(3) The Attorney General, in consulta-  D,QFUHDVHDJHQF\HIÀFLHQF\
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Government and the Oregon Department with the process and results of dispute reso-
of Administrative Services, may develop for lution; and
agencies model rules for the implementation
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An agency may adopt all or part of the model
rules by reference without complying with
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with the Secretary of State in the manner pro-
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(4) When an agency reviews the standard
agreements, forms for contracts and forms for
applying for grants or other assistance used by
the agency, the agency shall determine whether
the agreements and forms should be amended
to authorize and encourage the use of alterna-
tive means of dispute resolution in disputes
that arise under the agreement, contract or
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(5) The Department of Justice, the Mark
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Department of Administrative Services and
the Governor shall collaborate to increase the
use of alternative dispute resolution to resolve
GLVSXWHVLQYROYLQJWKH6WDWHRI2UHJRQE\ 183.510>F†UHSHDOHGE\
(a) Assisting agencies to develop a policy for
alternative means of dispute resolution;
(b) Assisting agencies to develop or expand
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vide alternative means of dispute resolution;
and
 F'HFUHDVHWKHFRVWRIUHVROYLQJGLVSXWHV
(9) An agency may use the services of an
employee of another agency or of the federal
government to serve as a mediator or facilita-
tor, and may provide the services of an agency
employee to another agency or to the federal
government to serve as a mediator or facilita-
WRU$QDJHQF\PD\HQWHULQWRDQDJUHHPHQW
with another agency or with the federal govern-
ment to determine reimbursement for services
of an employee acting as a mediator or facili-
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This subsection does not apply to mediation
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of ORS chapter 183 by legislative action but
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See Preface to Oregon Revised Statutes for
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(Housing Cost Impact Statement)
183.530 Housing cost impact statement
required for certain proposed rules. A
housing cost impact statement shall be pre-
 F3URYLGLQJDVVLVWDQFHLQWKHHIÀFLHQWDQG pared upon the proposal for adoption or repeal
HIIHFWLYHVHOHFWLRQRIPHGLDWRUVRUIDFLOLWDWRUV of any rule or any amendment to an existing
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Government, the Oregon Department of
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of Justice shall work cooperatively in designing
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to provide services to, apply to or involve any
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(1) The Oregon Housing Stability Council;
(2) A building codes division of the Depart-
ment of Consumer and Business Services or
any board associated with the department with
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 E 7KH 0DUN 2 +DWILHOG 6FKRRO RI (3) The Land Conservation and Development
Government, the Oregon Department of Commission;
Administrative Services and the Department
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agreement that includes, but is not limited (5) The Construction Contractors Board;
to, provisions on appropriate roles, reporting
requirements and coordination of services pro-  7KH2FFXSDWLRQDO6DIHW\DQG+HDOWK
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6FKRRORI*RYHUQPHQWSXUVXDQWWR256 Business Services; or
(c) Before providing dispute resolution ser-
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olution programs shall seek to identify cases
appropriate for mediation and other means of
alternative dispute resolution and to design
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 7KH6WDWH'HSDUWPHQWRI(QHUJ\>
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made a part of ORS chapter 183 by legislative
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183.534 Housing cost impact state-
ment described; rules. (1) A housing cost
impact statement is an estimate of the effect
of a proposed rule or ordinance on the cost
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(2015 Edition)
 RELATED LAWS

and the construction of a 1,200 square foot
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The Oregon Housing Stability Council shall
adopt rules prescribing the form to be used
when preparing the estimate and other such
rules necessary to the implementation of this
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all requirements of the rule; or
(5) Otherwise establishing less intrusive
or less costly alternatives applicable to small
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(b) Shall not be required for the adoption UHSHDOHGE\F†@
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ings. 7KH2IÀFHRI$GPLQLVWUDWLYH+HDULQJV
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housing cost impact statement; judicial PHQW7KHRIÀFHVKDOOEHPDQDJHGE\WKHFKLHI
review. 1RWZLWKVWDQGLQJ256 administrative law judge appointed under ORS
RUDQ\RWKHUSURYLVLRQRIODZ
the failure to prepare a housing cost impact
statement shall not affect the validity or
effective date of any rule or ordinance or any
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law judges available to agencies under ORS
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ment to a rule or ordinance is challenged
based on the failure to prepare a housing cost
impact statement, the court or other review-
ing authority shall remand the proposed rule
or ordinance or any amendment to a rule or
ordinance to the adopting or repealing entity
if it determines that a housing cost impact
VWDWHPHQWLVUHTXLUHG
(3) The court or other reviewing authority
shall determine only whether a housing cost
impact statement was prepared and shall not
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(a) Conduct contested case proceedings on
behalf of agencies in the manner provided by
256WR
(b) Perform such other services, as may be
requested by an agency, that are appropriate
for the resolution of disputes arising out of the
conduct of agency business; and
(c) Perform such other duties as may be
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(2) All persons serving as administrative
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dards and training requirements of ORS

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(Effects of Rules on Small Business)
183.540 Reduction of economic impact
on small business. ,IWKHVWDWHPHQWRIFRVWRI
compliance effect on small businesses required
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Administrative Hearings, including budget
services, accounting services, procurement ser-
vices, contracting services, human resources
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The services must be provided in a manner
that is consistent with law, rules and state pol-
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business, to the extent consistent with the IRUWKHFRVWVRIWKHVHUYLFHVSURYLGHG>
public health and safety purpose of the rule, F†F†F†@
the agency shall reduce the economic impact
RIWKHUXOHRQVPDOOEXVLQHVVE\ 183.610 Chief administrative law judge.
(1) The Governor shall appoint a person to
 (VWDEOLVKLQJGLIIHULQJFRPSOLDQFHRU
reporting requirements or time tables for small
business;
(2) Clarifying, consolidating or simplifying
the compliance and reporting requirements
under the rule for small business;
(3) Utilizing objective criteria for standards;
Related Laws 3DJH
serve as chief administrative law judge for the
2IÀFHRI$GPLQLVWUDWLYH+HDULQJV7KH*RY-
ernor shall consider recommendations by the
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Committee in appointing a chief administra-
WLYHODZMXGJH7KHSHUVRQDSSRLQWHGWRVHUYH
as chief administrative law judge must be an
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chief administrative law judge has all the
(2015 Edition)
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powers necessary and convenient to organize
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Personnel Relations Law, the chief admin-
istrative law judge shall employ all persons
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may remove the chief administrative law judge
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(2) The chief administrative law judge shall
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administrative law judge shall ensure that
administrative law judges employed for the
RIÀFHUHFHLYHDOOWUDLQLQJQHFHVVDU\WRPHHWWKH
standards required under the program created
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(3) The chief administrative law judge
shall take all actions necessary to protect and
ensure the independence of each administra-
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183.615 Administrative law judges;
 
(2) Notwithstanding any other provision of
state law, any agency that is required to use
administrative law judges assigned from the
2IÀFHRI$GPLQLVWUDWLYH+HDULQJVWRFRQGXFW
hearings must delegate responsibility for the
conduct of the hearing to an administrative
ODZMXGJHDVVLJQHGIURPWKH2IÀFHRI$GPLQ-
istrative Hearings, and the hearing may not
be conducted by the administrator, director,
board, commission or other person or body
FKDUJHGZLWKDGPLQLVWHULQJWKHDJHQF\
(3) Any agency may authorize an adminis-
trative law judge assigned to conduct a hearing
on behalf of the agency under this section to
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(4) An agency that is not required to use
administrative law judges assigned from the
RIÀFHPD\FRQWUDFWZLWKWKHFKLHIDGPLQLV-
trative law judge for the assignment of an
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purpose of conducting one or more contested
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183.630 Model rules of procedure;
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istrative law judge employed by or contracting
with the chief administrative law judge shall
conduct hearings on behalf of agencies as
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An administrative law judge shall be impar-
tial in the performance of the administrative
law judge’s duties and shall remain fair in
all hearings conducted by the administrative
ODZMXGJH$QDGPLQLVWUDWLYHODZMXGJHVKDOO
develop the record in contested case proceed-
LQJVLQWKHPDQQHUSURYLGHGE\256
exemptions; depositions.  ([FHSW DV
provided in subsection (2) of this section,
all contested case hearings conducted by
administrative law judges assigned from
WKH2IÀFHRI$GPLQLVWUDWLYH+HDULQJVPXVW
be conducted pursuant to the model rules of
procedure prepared by the Attorney General
XQGHU256LIWKHKHDULQJLVVXEMHFW
to the procedural requirements for contested
FDVHSURFHHGLQJV
(2) The Attorney General, after consulting
with the chief administrative law judge, may

(2) Only persons who have a knowledge
of administrative law and procedure may
be employed by the chief administrative law
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administrative law judge by rule may establish
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judges. (1) The chief administrative law judge
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contract for the services of persons to act as
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exempt an agency or a category of cases from
the requirements of subsection (1) of this sec-
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of the model rules adopted by the Attorney
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(3) The Attorney General shall consult with
an advisory group when adopting model rules
of procedure for the purpose of contested case
hearings conducted by administrative law
MXGJHVDVVLJQHGIURPWKH2IÀFHRI$GPLQLV-
WUDWLYH+HDULQJV7KHDGYLVRU\JURXSVKDOO
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(a) The chief administrative law judge;
(2) Contract administrative law judges shall
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tive law judges regularly employed by the
chief administrative law judge and shall be
paid at an hourly rate comparable to the per
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trative law judges regularly employed by the
chief administrative law judge and conducting
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183.625 Assignment of administra-
tive law judges; conduct of hearings. (1)
 E$QRIÀFHURUHPSOR\HHRIDVWDWHDJHQF\
appointed by the Governor;
(c) An attorney who practices administrative
law, appointed by the Oregon State Bar;
(d) A deputy or assistant attorney general
appointed by the Attorney General; and
(e) A public member, appointed by the Gov-
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conduct hearings on behalf of an agency, the
chief administrative law judge shall, whenever
practicable, assign an administrative law judge
that has expertise in the legal issues or general
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the agency to an administrative law judge
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provided for by law, an administrative law
judge conducting a hearing for an agency under
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Related Laws Page 557 (2015 Edition)

 RELATED LAWS

party to take a deposition that is to be paid
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183.635 Agencies required to use
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Administrative Hearings; exceptions. (1)
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must use administrative law judges assigned
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contested case hearings, without regard to
 ]6WDWH7UHDVXUHU
(3) The Workers’ Compensation Board is
exempt from using administrative law judges
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ducted by the board under ORS chapters 147,
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this subsection, the Department of Consumer
and Business Services must use administra-
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contested cases arising out of the department’s
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whether those hearings are subject to the  D256$WR$$DQG
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administrative law judges assigned from the  F256FKDSWHU
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 D$WWRUQH\*HQHUDO (e) ORS chapter 717;
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 F%XUHDXRI/DERUDQG,QGXVWULHVDQGWKH $%DQG
Commissioner of the Bureau of Labor and 
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 G'HSDUWPHQWRI&RUUHFWLRQV law, in any proceeding in which an agency is
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of the agency may not conduct the hearing on
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 K'HSDUWPHQWRI6WDWH3ROLFH DGPLQLVWUDWLYHODZMXGJHRUKHDULQJRIÀFHU
 L(PSOR\PHQW$SSHDOV%RDUG be used; or
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 P*RYHUQRU Quality must use administrative law judges
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Related Laws Page 558 (2015 Edition)

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istrative law judge; rules. (1) After KHDULQJ
assignment of an administrative law judge
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to conduct a hearing on behalf of an agency, the
chief administrative law judge shall assign a
different administrative law judge for the hear-
ing upon receiving a written request from any
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The chief administrative law judge may by rule
establish time limitations and procedures for
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(2) Only one request for a change of assign-
ment of administrative law judge under
subsection (1) of this section may be granted
by the chief administrative law judge without
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fails to make a request under subsection (1)
of this section within the time allowed, or if
a party or agency objects to an administra-
tive law judge assigned after a request for a
different administrative law judge has been
granted under subsection (1) of this section,
the chief administrative law judge shall assign
a different administrative law judge only upon
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(3) Notwithstanding subsection (1) of this
section, a different administrative law judge
may not be assigned for a hearing provided
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party seeks judicial review of an agency’s mod-
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subsection (3) of this section, the court shall
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dispute by conducting a review de novo of the
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of historical fact made by the administrative
law judge, the court shall remand the matter
to the agency for entry of an order consistent
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183.655 Fees. The chief administrative
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Hearings shall establish a schedule of fees for
services rendered by administrative law judges
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be in an amount calculated to recover the cost
of providing the administrative law judge, the
cost of conducting the hearing and all associ-
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the chief administrative law judge under this
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istrative Hearings Operating Account created
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of driving privileges, except upon a showing
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shall consist of moneys paid into the account
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torical fact. ,QDQ\FRQWHVWHGFDVHKHDULQJ
conducted by an administrative law judge
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Hearings, the administrative law judge shall
prepare and serve on the agency and all parties
to the hearing a form of order, including recom-
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The administrative law judge shall also pre-
pare and serve a proposed order in the manner
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or hearing is exempt from the requirements
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account are continuously appropriated to the
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(2) At the discretion of the chief adminis-
trative law judge, petty cash funds may be
established and maintained for the purpose
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The chief administrative law judge for the
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a contested case proceeding, and the agency
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istrative law judge in any substantial manner,
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and provide an explanation to the parties to
the hearing as to why the agency made the
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fact made by the administrative law judge
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will incur during each biennium and shall
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services of the agency’s share of the anticipated
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183.670 Rules. Subject to the provisions
of the State Personnel Relations Law, the
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of Administrative Hearings may adopt rules
WR
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Hearings only if the agency determines that
there is clear and convincing evidence in the
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poses of this section, an administrative law
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administrative law judge determines that an
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  (VWDEOLVK TXDOLÀFDWLRQV IRU SHUVRQV 183.685 Ex parte communications. (1)

employed as administrative law judges by the An administrative law judge assigned from the
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the evaluation and training of administrative
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with standards and training requirements
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183.675 Alternative dispute resolution.
256WRGRQRWOLPLWLQDQ\
way the ability of any agency to use alterna-
tive dispute resolution, including mediation or
arbitration, to resolve disputes without con-
ducting a contested case hearing or without
requesting assignment of an administrative
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siding in a contested case proceeding and who
receives an ex parte communication described
in subsections (3) and (4) of this section shall
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(a) The name of each person from whom the
administrative law judge received an ex parte
communication;
(b) A copy of any ex parte written commu-
nication received by the administrative law
judge;
(c) A copy of any written response to the
communication made by the administrative
law judge;
+HDULQJV>F†DF†@
183.680 Standards and training pro-
gram. (1) The chief administrative law judge
IRU WKH 2IÀFH RI $GPLQLVWUDWLYH +HDULQJV
working in coordination with the Attorney
General, shall design and implement a stan-
dards and training program for administrative
ODZMXGJHVHPSOR\HGE\WKHRIÀFHDQGIRUSHU-
sons seeking to be employed as administrative
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LQFOXGH advise the agency and all parties in the pro-
(a) The establishment of an ethical code for
persons employed as administrative law judges
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(b) Training for administrative law judges
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(a) The conducting of courses on adminis-
trative law, evidence, hearing procedures and
other issues that arise in presiding over admin-
istrative hearings, including courses designed
to provide any training required by the chief
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bound by the ethical code established under
any ex parte communication made directly or
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(b) A party’s representative or legal adviser;
(c) Any other person who has a direct or indi-
rect interest in the outcome of the proceeding;
(d) Any other person with personal knowl-
edge of the facts relevant to the proceeding; or
this section and must satisfactorily complete
training required of administrative law judges
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provide the committee with staff, subject to
(a) The President of the Senate and the DYDLODELOLW\RIIXQGLQJIRUWKDWSXUSRVH>
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appointed by the Governor shall be an active
member of the Oregon State Bar with expe-
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votes of the other members are equally divided
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appointed by the President of the Senate or by
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or Representative during the person’s term
on the committee, the person may continue
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vacated position shall appoint a new member to
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(4) Legislative members shall be entitled to
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(b) The Department of State Lands under
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ORS chapters 537 and 540, except those per-
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(f) The Department of Transportation pur-
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into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 183
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Administrative Hearings;
(b) Make any recommendations to the Gov-
ernor and the Legislative Assembly that the
committee deems necessary to increase the
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dures for evaluating permit application;
documentation of decision on application;
required signature. (1) At the time a person
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the issuing agency shall offer a document to
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must document in writing the basis for all
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applied by the agency and the manner in which
agency standards were utilized in applying the
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this section shall be made part of the record
(5) An extended term granted under this
section may be revoked by an agency if the
agency determines that the licensee is sub-
ject to discipline under the licensing criteria
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extended terms under this section by rule
may establish other grounds for revoking an
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issuing agency who has authority to sign
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or employee responsible for the decision to deny
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the documentation required under subsection
law, an agency that offers an extended term
under this section for a license issued by the
agency shall increase the annual or biennial
license fee established by statute by a per-
centage no greater than necessary to ensure
that there is no revenue loss by reason of the
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(4) The issuing agency shall provide to the (7) Notwithstanding any other provision of
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183.705 Extended term for renewed
licenses; fees; continuing education;
rules. (1) Notwithstanding any other provi-
sion of law, an agency that issues licenses that
must be renewed on an annual basis under
the laws administered by the agency also may
offer those licenses with terms of two, three,
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provision of law, an agency that issues licenses
that must be renewed on a biennial basis under
under this section for a license issued by the
agency shall increase any annual or biennial
continuing education requirement established
by statute as necessary to ensure that there
is no reduction in the continuing education
requirement for licensees by reason of the
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the laws administered by the agency also may
offer those licenses with terms of three, four or
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for renewed licenses and may not be offered for
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(2) An agency may offer an extended term
under this section for a license issued by the
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of the Legislative Assembly that is scheduled
to meet when the Legislative Assembly is not
in session and that has subject-matter juris-
diction over the state agency that has adopted
a rule, as set forth in the subject-matter juris-
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agency only after adopting a rule authorizing  ´5XOHµKDVWKHPHDQLQJJLYHQWKDWWHUP
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rule authorizing an extended term only if the
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tent with public safety and with the objectives
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may prohibit extended terms based on prior
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law by the Legislative Assembly but were not
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established by the agency to be granted an
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(a) Another agency or a local government, as
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ute to make a recommendation on the issuance
of the license;
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183.715 Submission of adopted rule
tion. (1) A state agency that adopts a rule
shall submit a copy of the adopted rule to the
Legislative Counsel within 10 days after the
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(b) The agency or the local government, as
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make a recommendation on the issuance of the
license has recommended against the issuance
of the license; and
(c) The recommendation of the agency or the
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is based on licensing criteria established by
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that is submitted to the Legislative Counsel
must show all changes to the rule by striking
through material to be deleted and underlining
all new material, or by any other method that
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(2) Notwithstanding subsection (1) of this
section, an agency adopting a rule incorporat-
ing published standards or a specialty code by
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are unusually voluminous and costly to repro- direct the Legislative Counsel to send a copy
duce; and RIWKHGHWHUPLQDWLRQVWRWKHSUHVLGLQJRIÀFHU
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specialty code so incorporated and makes them
available to the Legislative Counsel on the
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183.720 Procedure for review of agency
rule; reports on rules claimed to be dupli-
FDWLYHRUFRQÁLFWLQJ(1) The Legislative
Counsel may review, or shall review at the
direction of the Legislative Counsel Commit-
tee, a proposed rule or an adopted rule of a
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(2) The Legislative Counsel may review an
adopted rule of a state agency upon the written
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Legislative Counsel shall review a proposed or
adopted rule of a state agency upon the writ-
ten request of any member of the Legislative
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(3) When reviewing a rule of a state agency
pursuant to subsection (1) or (2) of this section,
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(a) Determine whether the rule appears to
be within the intent and scope of the enabling
legislation purporting to authorize its adop-
tion; and
(b) Determine whether the rule raises any
constitutional issue other than described in
paragraph (a) of this subsection, and if so, the
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of a house of the Legislative Assembly, who
may refer the determinations to any legislative
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(7)(a) A member of the Legislative Assembly
may request that Legislative Counsel prepare
a report on a rule adopted by a state agency
that the member asserts is duplicative of or
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by a rule adopted by a state agency may request
that Legislative Counsel prepare a report on
the rule if the person asserts that the rule is
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A request for a report must be in writing and
contain copies of the two rules that are claimed
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may be either a rule adopted by a state agency
or a rule or regulation adopted by a federal
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(b)(A) Upon receipt of a written request by a
member of the Legislative Assembly, the Leg-
islative Counsel shall prepare a report to the
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(i) A copy of the request, including copies
of the two rules that the member asserts are
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(ii) Legislative Counsel’s analysis of the
(B) Upon receipt of a written request by a
person affected by a rule adopted by a state
agency, the Legislative Counsel may prepare
a written report to the person and each state
agency concerned that contains the Legislative
Counsel’s analysis of the requirements of the
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(7)(b)(A) of this section, the interim commit-
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section (3)(a) of this section, the Legislative
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generally accepted principles of statutory
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(5) The Legislative Counsel shall prepare
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forth the determinations made under subsec-
tee may issue a determination that a rule is
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(9) When a report on a rule is made by the
Legislative Counsel under subsection (7)(b)(A)
of this section, the Legislative Counsel shall
send a copy of the report and any determina-
tions made under subsection (8) of this section
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Legislative Counsel, the Legislative Coun-
sel shall send a copy of the determinations
made under subsection (3) of this section to
the appropriate interim committee or, if the
review was requested by a member of the Leg-
islative Assembly or by a person affected by
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rule is not within the intent and scope of the
enabling legislation purporting to authorize
the state agency’s adoption of the rule, or that
committee may direct the Legislative Counsel
to send a copy of the determinations to the
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Assembly, who may refer the determinations to
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183.722 Required agency response to
Legislative Counsel determination; con-
sideration of determination by interim
the rule raises a constitutional issue, the Leg- committee. D,IWKH/HJLVODWLYH&RXQ-
islative Counsel shall also send a copy of the
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Counsel may request that the state agency
respond in writing to the determinations or
appear at the meeting of the interim commit-
tee at which the committee will consider the
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a proposed or adopted rule is not within the
intent and scope of the enabling legislation
purporting to authorize the rule’s adoption,
or that the rule is not constitutional, and the
Legislative Counsel has provided a copy of

Related Laws 3DJH (2015 Edition)

 RELATED LAWS

that determination to the state agency pur- 183.724 Designation of interim com-
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make a written response to the determination
or appear at the meeting of the interim com-
mittee at which the committee will consider
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agency shall indicate if the agency intends to
repeal, amend or take other action with respect
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(b) The interim committee shall consider the
Legislative Counsel determination described
in paragraph (a) of this subsection and any
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,IWKHLQWHULPFRPPLWWHHDGRSWVWKH/HJLVOD-
tive Counsel determination, the Legislative
Counsel shall post the determination on the
mittees for purposes of considering rule
reports. (1) As soon as is practicable after the
end of each odd-numbered year regular legis-
lative session, the Legislative Counsel shall
develop a list of state agencies with areas of
responsibility that are primarily within the
subject-matter jurisdiction of interim com-
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Legislative Counsel shall assign all state
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The Legislative Counsel may modify the list
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Legislative Counsel shall distribute the list to
all state agencies whenever the list is devel-
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nations that are posted on the website shall be of the Legislative Assembly has overlapping
organized by OAR number and shall remain on subject-matter jurisdiction with an interim
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within the intent and scope of the enabling
legislation;
Counsel may assign a state agency to either
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islative Counsel shall strive to assign state
agencies so as to ensure that the rule review
workload is approximately equally distributed
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the rule is within the intent and scope of the RIWKH/HJLVODWLYH$VVHPEO\
enabling legislation and is otherwise constitu-
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enabling legislation so as to bring the rule
within the intent and scope of the enabling
legislation, any other constitutional defect in
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183.725 Other authorized rule review
by Legislative Counsel Committee. The
Legislative Counsel Committee, at any time,
 ,IWKH/HJLVODWLYH&RXQVHOGHWHUPLQHV may review any proposed or adopted rule of a
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adopted rule is not within the intent and scope
of the enabling legislation purporting to autho-
rize the rule’s adoption, or that the rule is not
constitutional, and the interim committee is
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made by the state agency, the committee may
request that one or more representatives of
the agency appear at a subsequent meeting
of the committee along with a representative
state agency, and may report its recommen-
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CIVIL PENALTIES
183.745 Civil penalty procedures;
notice; hearing; judicial review; exemp-
of the Oregon Department of Administrative tions; recording; enforcement. ([FHSW
Services for the purpose of further explaining as otherwise provided by law, an agency may
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subsection (2) of this section to appear at a
subsequent meeting of the interim commit-
tee along with a representative of the Oregon
Department of Administrative Services, the
agency shall promptly notify the department of
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must be in writing, and must include a copy
of the determinations made by the Legislative
Counsel and a copy of any written response
made by the state agency to the determina-
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(2) A civil penalty imposed under this sec-
tion shall become due and payable 10 days after
the order imposing the civil penalty becomes
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against whom a civil penalty is to be imposed
shall be served with a notice in the form pro-
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shall be accomplished in the manner provided
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(3) The person to whom the notice is
addressed shall have 20 days from the date of
service of the notice provided for in subsection
(2) of this section in which to make written
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rule provide for a longer period of time in which
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entered under this subsection need not be
delivered or mailed to the person against whom
WKHFLYLOSHQDOW\LVLPSRVHG
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provided for in subsection (3) of this section
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shall be conducted as a contested case hearing
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clerk shall thereupon record the name of the
person incurring the penalty and the amount
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the Legislative Assembly but was not added
to or made a part of ORS chapter 183 or any
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 7KLVVHFWLRQGRHVQRWDSSO\WRSHQDOWLHV READABILITY OF PUBLIC WRITINGS
 D,PSRVHGXQGHUWKHWD[ODZVRIWKLVVWDWH 183.750 State agency required to pre-
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commission, department, division or institu-
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of this state to recover a civil penalty; or
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erly imposed civil penalty under the provisions
RI256
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(2) of this section may be made part of any
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the Legislative Assembly but was not added
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Related Laws 3DJH (2015 Edition)

RELATED LAWS

3DJH (2015 Edition)

 027259(+,&/($1'$,5&5$)7)8(/7$;(6

Chapter 319

(',7,21
MOTOR VEHICLE AND AIRCRAFT FUEL TAXES

MOTOR VEHICLE FUEL AND 319.270 Fuel sold or distributed to dealers

AIRCRAFT FUEL TAXES 319.275 Liability for taxes, interest and penal-
ties when person importing fuel does
 'HÀQLWLRQVIRU256WR
not hold license
319.020 Monthly statement by dealer; license
319.280 Refunds generally
tax imposed; rules
319.290 Limitation on applications for
319.030 License required to be dealer in
refunds
motor vehicle fuel
319.300 Seller to give invoice for each pur-
319.040 Application for and issuance of deal-
chase made by person entitled to
er’s license
refund
319.042 Grounds for refusal to issue dealer
319.310 Claims for refunds may be required
license; hearing; records inspection
to be under oath; investigation of
319.050 Performance bond; hearing claims
319.051 Conditions for reduced bond amount 319.320 Refund of tax on fuel used in opera-
319.052 Conditions for increased bond tion of vehicles over certain roads or
amount; request and conditions for private property
reduction; rules 319.330 Refunds to purchasers of fuel for
319.053 Amount of bond when twice license aircraft
tax is less than $1,000 319.370 Examinations and investigations; cor-
319.060 Deposit in lieu of bond recting reports and payments
319.070 Release of surety 319.375 Limitation on credit for or refund of
overpayment and on assessment of
319.080 Additional bond or deposit additional tax
319.090 Immediate collection of tax and inter- 319.380 Examining books and accounts of
est; penalties; waiver carrier of motor vehicle fuel
319.096 Suspension of license; liability for 319.382 Agreements for refunds to Indian
tax; reinstatement tribes
319.098 Contesting license suspension 319.390 Records to be kept by dealers; inspec-
319.100 Revocation of license tion of records
319.102 Notice to dealers of suspension or 319.400 Records to be kept three years
revocation of another dealer’s license; 319.410 Disposition of tax moneys
rules
319.415 Estimate of tax on fuel used for boats;
319.110 Cancellation of license on request of transfer to Boating Safety, Law
dealer or when licensee no longer a Enforcement and Facility Account;
dealer use
319.120 Remedies cumulative 319.417 Estimate of tax on fuel used in
319.125 Change of ownership; cancellation of aircraft; transfer to State Aviation
license Account; use
319.180 Payment of tax; delinquency penalty; 319.420 ORS 319.510 to 319.880 not affected
interest rates 319.430 Savings clause
319.182 Collection of delinquent tax, interest
or penalty; warrant; judgment lien
319.184 Use of collection agency USE FUEL TAX
319.186 Uncollectible tax, interest or penalty 319.510 Short title
319.190 Monthly statement of dealer; penalty;  'HÀQLWLRQVIRU256WR
rules 319.525 Agreements with Indian tribes
319.192 Refund to dealer of uncollectible 319.530 Imposition of tax; rate
taxes; rules
319.535 Special use fuel license fee; applica-
319.200 Assessing tax and penalty where tion; emblem
dealer fails to report
319.550 User’s license required to use fuel;
319.210 Billing purchasers exceptions
319.220 Receipt, payment or sale of motor 319.560 Application for and issuance of user’s
vehicle fuel without invoice or deliv- license
ery tag prohibited
319.570 Faithful performance bond
319.230 Transporting motor vehicle fuel in
bulk 319.580 Deposit in lieu of bond
319.240 Exemption of export fuel 319.590 Release of surety
319.250 Certain sales to Armed Forces 319.600 Display of emblem
exempted; reports 319.611 Penalty for unlicensed use of fuel
319.260 Fuel in vehicles coming into or leav- or nondisplay of authorization or
ing state not taxed emblem; waiver

3DJH (2015 Edition)

 RELATED LAWS

319.621 Seller’s license 319.831 Refund of tax on fuel used in opera-

319.628 Grounds for refusal to issue user’s tion of vehicle over certain roads or
or seller’s license; hearing; records private property
inspection 319.835 Investigation of refund applications
319.630 Revocation of license; reissue of 319.840 Enforcement; rules and regulations
license 319.850 Presumption of use; rules
319.640 Cancellation of license on request of 319.860 Producers, distributors and others to
user keep records; examining books and
319.650 Notifying department upon ceasing records
to use fuel in connection with motor 319.870 Results of investigations to be private
vehicle
319.875 Prohibitions
319.660 Removal of emblem
319.880 Disposition of moneys
319.665 Seller to collect tax; exceptions;
deduction for purchase made with
cardlock card PER-MILE ROAD USAGE CHARGE
319.671 When invoices required; contents
 'HÀQLWLRQVIRU256WR
319.675 Seller’s report to department; rules
319.885 Per-mile road usage charge
319.681 Payment of tax by seller
319.890 Application for road usage charge
319.690 Monthly report of user; remittance; program
credit against taxes; annual reports
319.895 Deposit and distribution of road
of certain users; rules
usage charge moneys
319.692 Quarterly reports if average monthly
319.900 Department of Transportation to
tax under $300; when annual reports
establish methods for recording and
authorized
reporting mileage
319.694 Penalty for delinquency in remitting
319.905 Department of Transportation to
tax; waiver; interest rates
adopt rules for collecting road usage
319.697 Records required of sellers and users; charge
alternative records for certain users
319.910 Department of Transportation to
319.700 Tax as lien against motor vehicle establish reporting periods for road
319.720 Delinquency in payment; notice to usage charge
debtors of user or seller; report to  &RQÀGHQWLDOLW\RISHUVRQDOO\LGHQWL-
department ÀDEOHLQIRUPDWLRQXVHGIRUUHSRUWLQJ
319.730 Collection of delinquent payment by and collecting road usage charge;
seizure and sale of motor vehicle exceptions; records to be destroyed;
exceptions; Department of Transpor-
319.740 Action by Attorney General to collect
tation to provide for penalties
GHOLQTXHQF\FHUWLÀFDWHRIGHSDUW-
ment as evidence 319.920 Reporting requirement
319.742 Collection of delinquent obligation 319.925 Refunds for overpayment; grant of
generally; warrant; judgment lien refund as credit
319.744 Use of collection agency 319.930 Refund applications
319.746 Uncollectible obligation 319.935 Investigation of refund applications
 $VVHVVPHQWRIGHÀFLHQF\SUHVXPS- 319.940 Violations
tion that fuel subject to tax 319.945 Authority to issue emblems; display
319.780 Assessing tax and penalty upon fail- 319.947 Multijurisdictional agreements
ure to make report
319.790 Petition for reassessment
LOCAL FUEL TAXES
319.801 Appeal to circuit court
319.810 Time limitation on service of notice of 319.950 Local tax on fuel for motor vehicles
additional tax
319.820 Refund of tax erroneously or illegally PENALTIES
collected
319.990 Penalties

3DJH (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

MOTOR VEHICLE FUEL AND vehicles whether or not the service station,
AIRCRAFT FUEL TAXES tank or storage facility is owned, operated or
 'HÀQLWLRQVIRU256WR FRQWUROOHGE\WKHGHDOHU
319.430. $VXVHGLQ256WR (9) “First sale, use or distribution of motor
XQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH YHKLFOHIXHORUDLUFUDIWIXHOµPHDQVWKHÀUVW
 ´$LUFUDIWµPHDQVHYHU\FRQWULYDQFHQRZ
known, or hereafter invented, used or designed
IRUQDYLJDWLRQRIRUÁLJKWLQWKHDLURSHUDWHG
RUSURSHOOHGE\WKHXVHRIDLUFUDIWIXHO
withdrawal, other than by bulk transfer,
of motor vehicle fuel or aircraft fuel from
terminal storage facilities for sale, use or dis-
WULEXWLRQ´)LUVWVDOHXVHRUGLVWULEXWLRQRI
PRWRUYHKLFOHIXHORUDLUFUDIWIXHOµDOVRPHDQV
 ´$LUFUDIWIXHOµPHDQVDQ\JDVROLQHDQG
DQ\RWKHULQÁDPPDEOHRUFRPEXVWLEOHJDVRU
liquid by whatever name such gasoline, gas
or liquid is known or sold, usable as fuel for
the operation of aircraft, except gas or liquid,
the chief use of which, as determined by the
WKHÀUVWVDOHXVHRUGLVWULEXWLRQRIPRWRUYHKL-
cle fuel or aircraft fuel after import into this
state if the motor vehicle fuel or aircraft fuel
is delivered other than to the terminal storage
IDFLOLWLHVRIDOLFHQVHGGHDOHU
Department of Transportation is for purposes  ´+LJKZD\µPHDQVHYHU\ZD\WKRURXJK-
RWKHUWKDQWKHSURSXOVLRQRIDLUFUDIW fare and place, of whatever nature, open for
use of the public for the purpose of vehicular
 ´$LUSRUWµPHDQVDQ\DUHDRIODQGRU WUDYHO
water, except a restricted landing area, which
is designed for the landing and takeoff of   ´0RWRU YHKLFOHµ PHDQV DOO YHKLFOHV
DLUFUDIW engines or machines, movable or immovable,
operated or propelled by the use of motor vehi-
  ´%URNHUµ PHDQV DQG LQFOXGHV HYHU\ FOHIXHO
person other than a dealer engaged in busi-
ness as a broker, jobber or wholesale merchant  ´0RWRUYHKLFOHIXHOµPHDQVDQGLQFOXGHV
GHDOLQJLQPRWRUYHKLFOHIXHORUDLUFUDIWIXHO JDVROLQHDQGDQ\RWKHULQÁDPPDEOHRUFRP-
bustible gas or liquid, by whatever name such
 ´%XONWUDQVIHUµPHDQVDQ\FKDQJHLQ
ownership of motor vehicle fuel or aircraft fuel
contained in a terminal storage facility or any
physical movement of motor vehicle fuel or air-
craft fuel between terminal storage facilities
E\SLSHOLQHRUPDULQHWUDQVSRUW
gasoline, gas or liquid is known or sold, usable
as fuel for the operation of motor vehicles,
except gas or liquid, the chief use of which, as
determined by the department, is for purposes
other than the propulsion of motor vehicles
XSRQWKHKLJKZD\VRIWKLVVWDWH
 ´'HDOHUµPHDQVDQ\SHUVRQZKR  ´3HUVRQµLQFOXGHVHYHU\QDWXUDOSHUVRQ
 D,PSRUWVRUFDXVHVWREHLPSRUWHGPRWRU DVVRFLDWLRQÀUPSDUWQHUVKLSFRUSRUDWLRQRU
vehicle fuels or aircraft fuels for sale, use or WKH8QLWHG6WDWHV
distribution in, and after the same reaches the
6WDWHRI2UHJRQEXW´GHDOHUµGRHVQRWLQFOXGH
any person who imports into this state motor
vehicle fuel in quantities of 500 gallons or less
purchased from a supplier who is licensed as
DGHDOHUXQGHU256WRDQG
who assumes liability for the payment of the
 ´5HVWULFWHGODQGLQJDUHDµPHDQVDQ\
area of land or water, or both, which is used
or made available for the landing and takeoff
of aircraft, the use of which, except in case of
emergency, is provided from time to time by
WKHGHSDUWPHQW
applicable license tax to this state;  ´6HUYLFHVWDWLRQµPHDQVDQGLQFOXGHV
any place operated for the purpose of retailing
 E3URGXFHVUHÀQHVPDQXIDFWXUHVRUFRP- and delivering motor vehicle fuel into the fuel
pounds motor vehicle fuels or aircraft fuels in tanks of motor vehicles or aircraft fuel into the
the State of Oregon for use, distribution or sale IXHOWDQNVRIDLUFUDIW
in this state;
(c) Acquires in this state for sale, use or
distribution in this state motor vehicle fuels
or aircraft fuels with respect to which there
has been no license tax previously incurred;
or
(d) Acquires title to or possession of motor
vehicle fuels or aircraft fuels in this state and
H[SRUWVWKHSURGXFWRXWRIWKLVVWDWH
 ´7HUPLQDOVWRUDJHIDFLOLW\µPHDQVDQ\
fuel storage facility that has marine or pipeline
DFFHVV>$PHQGHGE\F†F
††F†F†F
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†@
319.020 Monthly statement by dealer;
license tax imposed; rules. (1) Subject to
subsections (2) to (4) of this section, in addi-
 ´'HSDUWPHQWµPHDQVWKH'HSDUWPHQWRI tion to the taxes otherwise provided for by
7UDQVSRUWDWLRQ law, every dealer engaging in the dealer’s own
QDPHRULQWKHQDPHRIRWKHUVLQWKHÀUVW
 ´'LVWULEXWLRQµPHDQVLQDGGLWLRQWRLWV
ordinary meaning, the delivery of motor vehicle
fuel or aircraft fuel by a dealer to any service
station or into any tank, storage facility or
series of tanks or storage facilities connected
by pipelines, from which motor vehicle fuel
or aircraft fuel is withdrawn directly for sale
or for delivery into the fuel tanks of motor
sale, use or distribution of motor vehicle fuel
or aircraft fuel or withdrawal of motor vehicle
fuel or aircraft fuel for sale, use or distribution
within areas in this state within which the
state lacks the power to tax the sale, use or
distribution of motor vehicle fuel or aircraft
IXHOVKDOO

3DJH (2015 Edition)

 RELATED LAWS
(a) Not later than the 25th day of each
calendar month, render a statement to the
Department of Transportation of all motor
vehicle fuel or aircraft fuel sold, used, dis-
tributed or so withdrawn by the dealer in the
State of Oregon as well as all such fuel sold,
used or distributed in this state by a purchaser
thereof upon which sale, use or distribution the
dealer has assumed liability for the applica-
ble license tax during the preceding calendar
PRQWK7KHGHDOHUVKDOOUHQGHUWKHVWDWHPHQW
to the department in the manner provided by
WKHGHSDUWPHQWE\UXOH
(a) Not later than the 25th day of each
calendar month, render a statement to the
Department of Transportation of all motor
vehicle fuel or aircraft fuel sold, used, dis-
tributed or so withdrawn by the dealer in the
State of Oregon as well as all such fuel sold,
used or distributed in this state by a purchaser
thereof upon which sale, use or distribution the
dealer has assumed liability for the applica-
ble license tax during the preceding calendar
PRQWK7KHGHDOHUVKDOOUHQGHUWKHVWDWHPHQW
to the department in the manner provided by
WKHGHSDUWPHQWE\UXOH
 E([FHSWDVSURYLGHGLQ256SD\
a license tax computed on the basis of 30 cents
SHUJDOORQRQWKHÀUVWVDOHXVHRUGLVWULEXWLRQ
of such motor vehicle fuel or aircraft fuel so
sold, used, distributed or withdrawn as shown
by such statement in the manner and within
WKHWLPHSURYLGHGLQ256WR
(2) When aircraft fuel is sold, used or dis-
tributed by a dealer, the license tax shall be
computed on the basis of 11 cents per gallon
of fuel so sold, used or distributed, except that
when aircraft fuel usable in aircraft operated
by turbine engines (turbo-prop or jet) is sold,
used or distributed, the tax rate shall be three
FHQWVSHUJDOORQ
 E([FHSWDVSURYLGHGLQ256SD\
a license tax computed on the basis of 30 cents
SHUJDOORQRQWKHÀUVWVDOHXVHRUGLVWULEXWLRQ
of such motor vehicle fuel or aircraft fuel so
sold, used, distributed or withdrawn as shown
by such statement in the manner and within
WKHWLPHSURYLGHGLQ256WR
(2) When aircraft fuel is sold, used or dis-
tributed by a dealer, the license tax shall be
computed on the basis of nine cents per gallon
of fuel so sold, used or distributed, except that
when aircraft fuel usable in aircraft operated
by turbine engines (turbo-prop or jet) is sold,
used or distributed, the tax rate shall be one
FHQWSHUJDOORQ
 ,QOLHXRIFODLPLQJUHIXQGRIWKHWD[
paid on motor vehicle fuel consumed by such
dealer in nonhighway use as provided in ORS
DQGRURIDQ\SULRU
erroneous payment of license tax made to the
state by such dealer, the dealer may show such
motor vehicle fuel as a credit or deduction on
WKHPRQWKO\VWDWHPHQWDQGSD\PHQWRIWD[
(4) The license tax computed on the basis
of the sale, use, distribution or withdrawal
of motor vehicle or aircraft fuel may not be
imposed wherever such tax is prohibited by
the Constitution or laws of the United States
ZLWKUHVSHFWWRVXFKWD[>$PHQGHGE\
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 ,QOLHXRIFODLPLQJUHIXQGRIWKHWD[
paid on motor vehicle fuel consumed by such
dealer in nonhighway use as provided in ORS
DQGRURIDQ\SULRU
erroneous payment of license tax made to the
state by such dealer, the dealer may show such
motor vehicle fuel as a credit or deduction on
WKHPRQWKO\VWDWHPHQWDQGSD\PHQWRIWD[
(4) The license tax computed on the basis
of the sale, use, distribution or withdrawal
of motor vehicle or aircraft fuel may not be
imposed wherever such tax is prohibited by
the Constitution or laws of the United States
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4, chapter 700, Oregon Laws 2015, apply to
aircraft fuel sold, used or distributed on or
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to aircraft fuel sold, used or distributed on or
after January 1, 2022, is set forth for the user’s
FRQYHQLHQFH
319.020. (1) Subject to subsections (2) to
(4) of this section, in addition to the taxes
otherwise provided for by law, every dealer
engaging in the dealer’s own name, or in the
 6HF7KHIROORZLQJDPRXQWVVKDOOEH
distributed in the manner prescribed in this
VHFWLRQ
(a) Any amount of tax on aircraft fuel usable
in aircraft operated by turbine engines that is
computed on a basis in excess of one cent per
gallon and any amount of tax on all other air-
craft fuel that is computed on a basis in excess
RIQLQHFHQWVSHUJDOORQXQGHU256
(2); and
(b) Any amount of tax on aircraft fuel usable
in aircraft operated by turbine engines in
excess of one cent per gallon and any amount
of tax on all other aircraft fuel in excess of
nine cents per gallon, that is deducted before
QDPHRIRWKHUVLQWKHÀUVWVDOHXVHRUGLVWUL-
bution of motor vehicle fuel or aircraft fuel or
withdrawal of motor vehicle fuel or aircraft
fuel for sale, use or distribution within areas
in this state within which the state lacks the
power to tax the sale, use or distribution of
PRWRUYHKLFOHIXHORUDLUFUDIWIXHOVKDOO
WKHUHIXQGLQJRIWD[XQGHU256
(2) Applications for distributions under this
section may not be approved unless the appli-
cant demonstrates a commitment to contribute
DWOHDVWÀYHSHUFHQWRIWKHFRVWVRIWKHSURMHFW
WRZKLFKWKHDSSOLFDWLRQUHODWHV7KH2UHJRQ

Page 570 (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

Department of Aviation shall adopt rules for shall be distributed for the purpose of assisting
SXUSRVHVRIWKLVVXEVHFWLRQ FRPPHUFLDODLUVHUYLFHWRUXUDO2UHJRQ
(3)(a) The State Aviation Board shall estab-
lish a review committee composed of one
member from each of the area commissions
on transportation chartered by the Oregon
7UDQVSRUWDWLRQ&RPPLVVLRQ
(b) The review committee shall meet as nec-
essary to review applications for distributions
  7ZHQW\ÀYH SHUFHQW RI WKH DPRXQWV
described in subsection (4)(b) of this section
shall be distributed to state-owned airports
IRUWKHSXUSRVHVRI
(a) Safety improvements recommended by
the State Aviation Board and local community
DLUSRUWV
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UHYLHZSURFHVVRIWKHUHYLHZFRPPLWWHH
(8)(a) The State Aviation Board shall
(c) The review committee shall recommend submit reports, in the manner provided in
applications to the State Aviation Board, which 256DQGSDUDJUDSKERIWKLVVXE-
shall select applications with the following section, that describe in detail the projects for
SULRULW\ which applications have been submitted and
 $)LUVWWRDSSOLFDWLRQVÀOHGSXUVXDQWWR approved, the airports affected, the names of
subsection (5)(a)(A) of this section; the applicants and the persons who will per-
 %6HFRQGWRDSSOLFDWLRQVÀOHGZLWKUHVSHFW form the work proposed in the applications, the
to safety and infrastructure development; and progress of projects for which applications have
been approved and any other information the
 &7KLUGWRDSSOLFDWLRQVÀOHGZLWKUHVSHFW
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(4)(a) Five percent of the amounts described
in subsection (1) of this section are appropri-
ated to the Oregon Department of Aviation
for the costs of the department and the State
$YLDWLRQ%RDUGLQDGPLQLVWHULQJWKLVVHFWLRQ
(b) The remaining 95 percent of the amounts
described in subsection (1) of this section shall
be distributed pursuant to subsections (5) to
board considers necessary for a comprehensive
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(b) The reports described in paragraph (a)
RIWKLVVXEVHFWLRQVKDOOEHVXEPLWWHG
(A) Not later than February 10 of each year
to the committees of the Legislative Assembly
related to air transportation; and
(B) Not later than September 30 of each year
to the interim committees of the Legislative
$VVHPEO\UHODWHGWRDLUWUDQVSRUWDWLRQ>
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(5)(a) Fifty percent of the amounts described  6HF   6HFWLRQ  RI WKLV  $FW LV
in subsection (4)(b) of this section shall be dis- UHSHDOHGRQ-DQXDU\
WULEXWHGIRUWKHIROORZLQJSXUSRVHV (2) Amounts described in section 7 (1) of this
(A) To assist airports in Oregon with match 2015 Act that are uncommitted on the date
requirements for Federal Aviation Administra-
WLRQ$LUSRUW,PSURYHPHQW3URJUDPJUDQWV
(B) To make grants for emergency prepared-
ness and infrastructure projects, in accordance
with the Oregon Resilience Plan, including
grants for emergency management plan
development, seismic studies and emergency
JHQHUDWRUVDQGVLPLODUHTXLSPHQW
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distributions made pursuant to section 7 (5) to
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319.025>F†UHSHDOHGE\
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319.030 License required to be dealer
 &7RPDNHJUDQWVIRU in motor vehicle fuel. No dealer shall sell,
use or distribute any motor vehicle fuel until
(i) Services critical or essential to aviation, the dealer has secured a dealer’s license as
including, but not limited to, fuel, sewer, water UHTXLUHGE\256WR
DQGZHDWKHUHTXLSPHQW
319.040 Application for and issuance
(ii) Aviation-related business development,
including, but not limited to, hangars, parking
IRUEXVLQHVVDLUFUDIWDQGUHODWHGIDFLOLWLHV
(iii) Airport development for local economic
EHQHÀWLQFOXGLQJEXWQRWOLPLWHGWRVLJQVDQG
PDUNHWLQJ
(b) Priority in distributing grants shall be
given to projects for which applicants demon-
strate a commitment to contribute the greatest
amounts toward the costs of the projects to
ZKLFKWKHDSSOLFDWLRQVUHODWH
of dealer’s license. (YHU\SHUVRQEHIRUH
becoming a dealer in motor vehicle fuel in
this state, shall make an application to the
Department of Transportation for a license
authorizing such person to engage in business
DVDGHDOHU
(2) Applications for the license must be made
on forms prescribed, prepared and furnished
E\WKHGHSDUWPHQW
(3) The applications shall be accompanied
E\DGXO\DFNQRZOHGJHGFHUWLÀFDWHFRQWDLQLQJ
  7ZHQW\ÀYH SHUFHQW RI WKH DPRXQWV (a) The name under which the dealer is
described in subsection (4)(b) of this section WUDQVDFWLQJEXVLQHVVZLWKLQ2UHJRQ

Page 571 (2015 Edition)

 RELATED LAWS
(b) The places of business and location of
GLVWULEXWLQJVWDWLRQVRIWKHGHDOHULQ2UHJRQ
(c) The name and address of the managing
agent, the names and addresses of the several
SHUVRQVFRQVWLWXWLQJWKHÀUPRUSDUWQHUVKLS
and, if a corporation, the corporate name under
which it is authorized to transact business and
WKHQDPHVDQGDGGUHVVHVRILWVSULQFLSDORIÀ-
FHUVDQGUHJLVWHUHGDJHQW
a business engaged in the sale or distribution
of motor vehicle fuel;
(h) Misrepresented or concealed a material
fact in obtaining a license or in the reinstate-
ment thereof;
(i) Violated a statute or administrative rule
regarding fuel taxation or distribution;
(j) Failed to cooperate with the department’s
LQYHVWLJDWLRQVE\
 ,IWKHGHDOHULVDQDVVRFLDWLRQRISHUVRQV
ÀUPSDUWQHUVKLSRUFRUSRUDWLRQRUJDQL]HG
under the laws of another state, territory or
country, if it has not already done so, it must
ÀUVWFRPSO\ZLWKWKHODZVRI2UHJRQUHODWLQJ
to the transaction of its appropriate business
LQ2UHJRQ
(5) The application for a motor vehicle fuel
GHDOHU·VOLFHQVHKDYLQJEHHQDFFHSWHGIRUÀOLQJ
DQGWKHERQGUHTXLUHGE\256KDYLQJ
been accepted and approved, the department
(A) Not furnishing requested documents;
(B) Not furnishing when requested to do so
a full and complete written explanation of a
matter under investigation by the department;
or
(C) Not responding to a subpoena issued by
the department; or
(k) Failed to comply with an order issued by
WKHGHSDUWPHQW
may issue to the dealer a license in such form  ,QDGGLWLRQWRUHIXVDORIDOLFHQVHIRUUHD-
as the department may prescribe to transact VRQVVSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQ
EXVLQHVVDVDGHDOHULQWKH6WDWHRI2UHJRQ the department may refuse to issue a dealer
The license so issued is not assignable, and is license for any other reason the department
YDOLGRQO\IRUWKHGHDOHULQZKRVHQDPHLVVXHG GHHPVVXIÀFLHQW
 7KHGHSDUWPHQWVKDOONHHSDQGÀOHDOO (3) Before refusing to issue a license under
applications and bonds with an alphabetical this section, the department shall grant the
index thereof, together with a record of all applicant a hearing and shall give the appli-
OLFHQVHGGHDOHUV>$PHQGHGE\F† cant at least 10 days’ written notice of the time
F†@ DQGSODFHRIWKHKHDULQJ7KHKHDULQJVKDOOEH
319.042 Grounds for refusal to issue a contested case hearing under the provisions
dealer license; hearing; records inspec- RI256FKDSWHU
tion. (1) The Department of Transportation (4) For purpose of consideration of an
may refuse to issue a dealer license to a person application for a license, the department may
ZKRDSSOLHVDVSURYLGHGLQ256LIWKH inspect or investigate the records of this state
GHSDUWPHQWÀQGVWKDWWKHSHUVRQ or of any other jurisdiction to verify the infor-
(a) Was the holder of a license revoked under mation on the application and to verify the
256 DSSOLFDQW·VFULPLQDODQGOLFHQVLQJKLVWRU\
>F†@
 E,VDSSO\LQJIRUDOLFHQVHRQEHKDOIRI
a real party in interest whose license was NoteZDVDGGHGWRDQGPDGHDSDUW
UHYRNHGXQGHU256 RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
 F:DVDQRIÀFHUGLUHFWRURZQHURUPDQDJ-
ing employee of a nonindividual licensee whose
OLFHQVHZDVUHYRNHGXQGHU256
(d) Owes a debt to the state under ORS
WR cation for a dealer’s license, the Department of
(e) Had a license issued by a jurisdiction
other than Oregon to sell or buy untaxed motor
vehicle fuel that was revoked or canceled for
cause, whether the license was held by the
SHUVRQDVDQLQGLYLGXDORUDVDQRIÀFHUGLUHF-
tor, owner or managing employee or on behalf
of a real party in interest;
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
319.050 Performance bond; hearing. (1)
$WWKHWLPHRIÀOLQJWKHFHUWLÀFDWHDQGDSSOL-
7UDQVSRUWDWLRQVKDOOUHTXLUHWKHGHDOHUWRÀOH
with the department, in a form prepared by the
department, a bond executed by the dealer as
principal with a corporate surety authorized to
WUDQVDFWEXVLQHVVLQWKLVVWDWH7KHERQGVKDOO
be payable to the State of Oregon conditioned
upon performance of all the requirements of
256WRLQFOXGLQJWKHSD\PHQW
 I,QDQ\MXULVGLFWLRQSOHDGHGJXLOW\WRRU of all taxes, penalties and other obligations
was convicted of a crime directly related to RIWKHGHDOHUDULVLQJRXWRI256WR
the sale, use or distribution of motor vehicle 
IXHOZKHWKHUDVDQLQGLYLGXDORUDVDQRIÀ-
cer, director, owner or managing employee of
a business engaged in the sale or distribution
of motor vehicle fuel;
(g) Had a civil judgment imposed for conduct
involving fraud, misrepresentation, conversion
RUGLVKRQHVW\DVDQLQGLYLGXDORUDVDQRIÀ-
cer, director, owner or managing employee of
  ([FHSW DV SURYLGHG LQ 256 
DQGDERQGXQGHUVXEVHFWLRQ
(1) of this section shall be in an amount that
is equivalent to twice the dealer’s estimated
monthly license tax, as determined by the
GHSDUWPHQWRUZKLFKHYHULVOHVV

Page 572 (2015 Edition)


027259(+,&/($1'$,5&5$)7)8(/7$;(6
(3) The department may reduce or increase
the required amount for a bond as provided in
256DQG
(4) A bond given in connection with ORS
 WR  LV D FRQWLQXLQJ LQVWUX-
ment and covers any and all periods of time
LQFOXGLQJWKHÀUVWDQGDOOVXEVHTXHQWSHULRGV
for which a license may be granted in conse-
TXHQFHRIWKHJLYLQJRIWKHERQG7KHOLDELOLW\
of the surety on the bond for the aggregate of
all claims that arise under the bond may not
H[FHHGWKHDPRXQWRIWKHSHQDOW\RIWKHERQG
No recoveries on any bond or any execution of
any new bond may invalidate any bond, but
the total recoveries under any one bond may
QRWH[FHHGWKHDPRXQWRIWKHERQG
(5) A dealer required under this section to
obtain a bond may demand by proper petition


(b) Had three or more checks or electronic
funds transfers to the department dishonored
for lack of funds or credit;
(c) Failed to maintain or make available
a record of all purchases, receipts, sales and
distribution of motor vehicle fuel as required
XQGHU256RU
(d) Had a motor vehicle fuel dealer license
issued in this state or another jurisdiction
UHYRNHG
(2) The department may waive an increase
in the bond amount under subsection (1) of
this section if the department determines that
the dealer did not intend to avoid payment of
license taxes when the dealer engaged in the
conduct described in subsection (1)(a), (b) or (c)
of this section or when the dealer engaged in
the conduct that led to the license revocation
a hearing on the necessity of the bond or the
UHDVRQDEOHQHVVRIWKHDPRXQWUHTXLUHG7KH
department shall grant the petition for a hear-
ing and shall hold the hearing within 10 days
DIWHUWKHGHPDQGIRUWKHKHDULQJ7KHGHFLVLRQ
GHVFULEHGLQVXEVHFWLRQGRIWKLVVHFWLRQ,I
the department waives an increase in the bond
amount, the bond shall remain at an amount
WKDWLV
RIWKHGHSDUWPHQWEHFRPHVÀQDOGD\VDIWHU  D5HTXLUHGXQGHU256IRUDGHDOHU
VHUYLFHRIWKHRUGHURQWKHGHDOHU7KHKHDU- GHVFULEHGLQ256RU
ing is not subject to the requirements of ORS  E5HTXLUHGXQGHU256
WR>$PHQGHGE\F
†F†F†@
319.051 Conditions for reduced bond
amount. (1) For a dealer described in subsec-
tion (2) of this section, the bond required by
the Department of Transportation under ORS
VKDOOEHLQDQDPRXQWWKDWLVHTXLY-
alent to twice the dealer’s estimated monthly
license tax, as determined by the department,
RUZKLFKHYHULVOHVV
(2) The provisions of subsection (1) of this
section apply to a dealer who held a valid deal-
er’s license on October 23, 1999, issued under
256WRDQGZKRVLQFH2FWR-
EHUKDV (c) Maintained and made available a record
 ,IWKHGHSDUWPHQWLQFUHDVHVWKHERQG
amount as provided in subsection (1) of this
section, the dealer may, after 24 months,
request in writing that the department reduce
WKHERQGDPRXQW7KHGHSDUWPHQWVKDOOUHGXFH
the bond amount if the department determines
that the dealer, in the 24 months prior to the
GHDOHU·VZULWWHQUHTXHVW
(a) Filed timely reports and made timely
payments;
(b) Had no checks or electronic funds trans-
fers to the department dishonored for lack of
funds or credit;
 D1RWEHHQUHTXLUHGWRÀOHDERQGJUHDWHU
than $100,000; and
(b) Performed, as determined by the depart-
PHQWWKHUHTXLUHPHQWVRI256WR
LQFOXGLQJWKHSD\PHQWRIDOOWD[HV
penalties and other obligations of the dealer
of all purchases, receipts, sales and distribu-
tion of motor vehicle fuel as required under
256DQG
(d) Did not have a motor vehicle fuel dealer
license issued in this state or another jurisdic-
WLRQUHYRNHG
DULVLQJRXWRI256WR>
F†@
NoteWRZHUHDGGHGWRDQG
PDGHDSDUWRIWRE\OHJLVOD-
tive action but were not added to any smaller
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
319.052 Conditions for increased bond
amount; request and conditions for
 ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH
dealer met all of the requirements under sub-
section (3) of this section, the department shall
reduce the bond required of a dealer described
LQ256RUDGHDOHUGHVFULEHGLQ256
WRDQDPRXQWWKDWLVHTXLYDOHQWWR
twice the dealer’s estimated monthly license
tax, as determined by the department, or
ZKLFKHYHULVOHVV
reduction; rules. (1) The Department of  ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH
Transportation shall increase a dealer’s bond dealer failed to meet the requirements under
ÀOHGXQGHU256WRDQDPRXQWWKDW subsection (3) of this section and that the fail-
is equivalent to twice the dealer’s estimated ure was not due to the dealer’s intent to avoid
monthly license tax, as determined by the payment of license taxes, the department may
department, or $1 million, whichever is less, reduce the bond required of a dealer described
LIZLWKLQDPRQWKSHULRGWKHGHDOHU LQ256RUDGHDOHUGHVFULEHGLQ256
WRDQDPRXQWWKDWLVHTXLYDOHQWWR
 D:DVODWHWKUHHRUPRUHWLPHVLQÀOLQJ twice the dealer’s estimated monthly license
reports or making payments to the department; tax, as determined by the department, or
ZKLFKHYHULVOHVV

Page 573 (2015 Edition)

 RELATED LAWS

 )RUSXUSRVHVRIWKLVVHFWLRQWKHGHSDUW- immediately be due and payable on account

ment shall adopt rules establishing what of all motor vehicle fuel so sold, distributed or
constitutes evidence that a dealer did not XVHG
LQWHQGWRDYRLGSD\PHQWRIOLFHQVHWD[HV>
F†@
Note6HHQRWHXQGHU
319.053 Amount of bond when twice
license tax is less than $1,000. ,I WKH
amount that is equivalent to twice the amount
of a dealer’s estimated monthly license tax, as
determined by the Department of Transpor-
tation, is an amount that is less than $1,000,
WKHERQGDPRXQWUHTXLUHGE\256
RUVKDOOEH>F
†@
Note6HHQRWHXQGHU
319.060 Deposit in lieu of bond. ,Q
lieu of the bond or bonds in total amount as
À[HGXQGHU256RU
DQ\GHDOHUPD\GHSRVLWZLWKWKH6WDWH
Treasurer, under such terms and conditions as
the Department of Transportation may pre-
scribe, a like amount of lawful money of the
United States or bonds or other obligations
of the United States, the State of Oregon, or
any county of this state, of an actual market
YDOXHQRWOHVVWKDQWKHDPRXQWVRÀ[HGE\WKH
GHSDUWPHQW>$PHQGHGE\F†@
319.070 Release of surety. Any surety on a
bond furnished by a dealer as provided in ORS
VKDOOEHUHOHDVHGDQGGLVFKDUJHGIURP
any and all liability to the state accruing on
such bond after the expiration of 30 days from
the date upon which the surety has lodged with
the Department of Transportation a written
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
subsection, the Department of Transportation
shall proceed forthwith to determine, from the
best available sources, the amount of such tax,
and it shall immediately assess the tax and
interest in the amount found due, together with
a penalty of 100 percent of the tax, and shall
PDNHLWVFHUWLÀFDWHRIVXFKDVVHVVPHQWDQG
SHQDOW\7KHGHSDUWPHQWPD\ZDLYHDOORUSDUW
of a penalty imposed under this subsection if
the department determines that a violation of
WKHUHTXLUHPHQWXQGHUWKLVVHFWLRQWRÀOHWKH
FHUWLÀFDWHDQGERQGRUWRVHFXUHWKHOLFHQVH
was due to reasonable cause and without intent
WRDYRLGSD\PHQWRIWKHWD[,QDQ\VXLWRUSUR-
ceeding to collect such tax, interest or penalty,
WKHFHUWLÀFDWHLVSULPDIDFLHHYLGHQFHWKDWWKH
dealer therein named is indebted to the State
of Oregon in the amount of the tax, interest
DQGSHQDOW\WKHUHLQVWDWHG>$PHQGHGE\
F†F†F†@
319.096 Suspension of license; liability
for tax; reinstatement. (1) The Department
of Transportation may, prior to a hearing, sus-
pend the license of a motor vehicle fuel dealer
who refuses or neglects to comply with the pro-
YLVLRQVRI256WRXQWLOWKH
dealer complies with the provisions of ORS
WR
(2) Upon suspension of a dealer’s license
under subsection (1) of this section, the depart-
PHQWVKDOOLPPHGLDWHO\QRWLI\
request to be released and discharged, but this
provision shall not operate to relieve, release or
discharge the surety from any liability already
accrued or which accrues before the expiration
RIWKHGD\SHULRG7KHGHSDUWPHQWVKDOO
promptly, upon receiving the request, notify
the dealer who furnished the bond, and unless
the dealer, on or before the expiration of the
GD\SHULRGÀOHVDQHZERQGRUPDNHVD
 D7KHGHDOHUE\FHUWLÀHGPDLORIWKHGHDO-
er’s license suspension and the dealer’s right
to request an immediate hearing to contest
the license suspension; and
(b) All other licensed motor vehicle fuel
dealers by a method determined under ORS
WKDWWKHDXWKRULW\RIWKHGHDOHUWRSXU-
chase tax-deferred motor vehicle fuel has been
VXVSHQGHG
deposit in accordance with the requirements
RI256DQGWKHGHSDUWPHQW
IRUWKZLWKVKDOOFDQFHOWKHGHDOHU·VOLFHQVH
319.080 Additional bond or deposit. The
Department of Transportation may require a
dealer to give a new or additional surety bond
or to deposit additional securities of the char-
DFWHUVSHFLÀHGLQ256LILQLWVRSLQLRQ
the security of the surety bond theretofore
ÀOHGE\WKHGHDOHURUWKHPDUNHWYDOXHRIWKH
properties deposited as security by the dealer,
EHFRPHVLPSDLUHGRULQDGHTXDWH8SRQIDLO-
ure of the dealer to give the new or additional
surety bond or to deposit additional securities
within 10 days after being requested so to do
by the department, the department forthwith
VKDOOFDQFHOWKHOLFHQVHRIWKHGHDOHU
319.090 Immediate collection of tax and
 ,IDOLFHQVHGPRWRUYHKLFOHIXHOGHDOHU
sells tax-deferred motor vehicle fuel to a dealer
whose license has been suspended under sub-
section (1) of this section after the third day
after the selling dealer receives notice of the
suspension under subsection (2) of this section,
the selling dealer and the suspended dealer are
jointly and severally liable for the tax owed on
WKHVDOHRIWKHIXHO
(4)(a) Notwithstanding the joint and several
liability of the selling dealer and the suspended
dealer under subsection (3) of this section, the
department shall attempt to collect from the
suspended dealer the tax owed on the fuel for
a period of 45 days from the date of the sale to
WKHVXVSHQGHGGHDOHU
(b) After the expiration of the 45-day period
under this subsection, the department shall
interest; penalties; waiver. ,IDQ\GHDOHU
sells, distributes or uses any motor vehicle fuel
ZLWKRXWÀUVWÀOLQJWKHFHUWLÀFDWHDQGERQGDQG
VHFXULQJWKHOLFHQVHUHTXLUHGE\256
WKHOLFHQVHWD[SURYLGHGLQ256VKDOO
collect from the selling dealer any tax not col-
lected from the suspended dealer under this
VXEVHFWLRQ

Page 574 (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

(5) The department shall waive the liability
of a selling dealer under subsection (3) of this
section if the selling dealer establishes to the
VDWLVIDFWLRQRIWKHGHSDUWPHQWWKDW UHYRNHGRUUHLQVWDWHG7KHSRVVLEOHPHWKRGV
(a) The sale of the motor vehicle fuel to the
suspended dealer was due to circumstances
that were beyond the control of the selling
dealer; or
(b) The dealer whose license was suspended
engaged in fraud or deceit to avoid timely pay-
PHQWRIWKHWD[WRWKHVHOOLQJGHDOHU
notifying licensed motor vehicle fuel dealers
DVUHTXLUHGXQGHU256DQG
that a dealer’s license has been suspended,
may include, but need not be limited to, notice
E\WHOHSKRQHHOHFWURQLFPDLORUUHJXODUPDLO
>F†@
Note6HHQRWHXQGHU
319.110 Cancellation of license on
request of dealer or when licensee no
longer a dealer. (1) The Department of
 :KHQDGHDOHUZKRVHOLFHQVHKDVEHHQ Transportation may, upon written request of a
suspended under subsection (1) of this section dealer, cancel any license issued to such dealer,
FRPSOLHVZLWKWKHSURYLVLRQVRI256 the cancellation to become effective 30 days
WRWKHGHSDUWPHQWVKDOOUHLQVWDWHWKH IURPWKHGDWHRIUHFHLSWRIWKHZULWWHQUHTXHVW
dealer’s license and shall notify by a method
GHWHUPLQHGXQGHU256DOOOLFHQVHG
motor vehicle fuel dealers that the dealer’s
license has been reinstated and that the dealer
LVDXWKRUL]HGWRSXUFKDVHWD[GHIHUUHGIXHO
 ,IWKHGHSDUWPHQWDVFHUWDLQVDQGÀQGV
that the person to whom a license has been
issued is no longer engaged in the business
of a dealer, the department may cancel the
license of such dealer upon investigation after
 ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWD
dealer whose license has been suspended
under subsection (1) of this section is unwill-
ing or unable to comply with the provisions of
256WRWKHGHSDUWPHQWVKDOO
revoke the license of the dealer as provided in
256>F†@
NoteDQGZHUH
DGGHGWRDQGPDGHDSDUWRIWR
by legislative action but were not added to any
VPDOOHUVHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
319.098 Contesting license suspension.
A dealer whose license has been suspended
by the Department of Transportation under
256PD\FRQWHVWWKHVXVSHQVLRQDV
SURYLGHGLQ256FKDSWHU>F†@
Note6HHQRWHXQGHU
319.100 Revocation of license. (1) The
Department of Transportation shall revoke the
license of any dealer whose license has been
VXVSHQGHGXQGHU256DQGZKRWKH
30 days’ notice has been mailed to the last-
NQRZQDGGUHVVRIWKHGHDOHU
319.120 Remedies cumulative. ([FHSW
DVRWKHUZLVHSURYLGHGLQ256DQG
WKHUHPHGLHVRIWKHVWDWHSURYLGHG
LQ 256   DQG  DUH
FXPXODWLYH 1R DFWLRQ WDNHQ SXUVXDQW WR
those statutes shall relieve any person from
WKHSHQDOSURYLVLRQVRI256WR
DQG>$PHQGHGE\F†
F†@
319.125 Change of ownership; cancella-
tion of license. A licensed dealer who has a
change of ownership shall notify the Depart-
ment of Transportation immediately of the
FKDQJH8SRQQRWLÀFDWLRQWKHGHSDUWPHQW
shall immediately cancel the motor vehicle
IXHOGHDOHUOLFHQVHRIWKHGHDOHU1ROLFHQVH
may be issued to any successor of the dealer
until the successor completes an application
DQGFHUWLÀFDWHDQGVXSSOLHVWKHGHSDUWPHQW
ZLWKDQDGHTXDWHERQG)RUSXUSRVHVRIWKLV
VHFWLRQ
department determines is unwilling or unable  ,QWKHFDVHRIDFRUSRUDWLRQZLWKPRUH
WRFRPSO\ZLWKWKHSURYLVLRQVRI256 than 100 stockholders, transfer of stock in
WR normal trading is not considered a change in
 7KHGHSDUWPHQWVKDOOPDLOE\FHUWLÀHG RZQHUVKLS
mail addressed to the dealer at the last-known
DGGUHVVLQWKHÀOHVRIWKHGHSDUWPHQWDQRWLFH
RILQWHQWLRQWRUHYRNHWKHGHDOHU·VOLFHQVH7KH
notice shall give the reason for the revocation
RIWKHOLFHQVH
(3) The license revocation becomes effective
without further notice if within 10 days from
the mailing of the notice the dealer has not
FRPSOLHGZLWKWKHSURYLVLRQVRI256
WR
(4) The department shall provide notice of
the revocation of the license of a dealer under
this section to all other licensed motor vehicle
fuel dealers by a method determined under
256>F†F†@
319.102 Notice to dealers of suspension
or revocation of another dealer’s license;
rules. The Department of Transportation shall
HVWDEOLVKE\UXOHWKHPRVWHIÀFLHQWPHWKRGRI
Page 575
 ,QWKHFDVHRIDFRUSRUDWLRQZLWKRU
fewer stockholders, transfer of less than 50
percent of the stock in any period of 12 con-
secutive months is not considered a change in
RZQHUVKLS>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
319.130>5HSHDOHGE\F†@
319.140>$PHQGHGE\F†
F†DF†UHSHDOHGE\
F†@
319.150>5HSHDOHGE\F†@
319.160>$PHQGHGE\F†
F †  F †  F †
UHSHDOHGE\F†@
(2015 Edition)
 RELATED LAWS
319.170 >$PHQGHG E\  F †
UHSHDOHGE\F†@
319.180 Payment of tax; delinquency
penalty; interest rates. (1) The license tax
LPSRVHG E\ 256  VKDOO EH SDLG RQ
or before the 25th day of each month to the
Department of Transportation which, upon
UHTXHVWVKDOOUHFHLSWWKHGHDOHUWKHUHIRU
may direct the sheriff for the county in which
the warrant is recorded to levy upon and sell
the real and personal property of the taxpayer
found within that county, and to levy upon any
currency of the taxpayer found within that
county, for the application of the proceeds or
FXUUHQF\DJDLQVWWKHDPRXQWUHÁHFWHGLQWKH
warrant and the sheriff’s cost of executing the
ZDUUDQW7KHVKHULIIVKDOOSURFHHGRQWKHZDU-
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, to any license tax not paid as
required by subsection (1) of this section there
shall be added a penalty of one percent of such
OLFHQVHWD[
rant in the same manner prescribed by law for
executions issued against property pursuant to
a judgment, and is entitled to the same fees as
provided for executions issued against property
SXUVXDQWWRDMXGJPHQW7KHIHHVRIWKHVKHULII
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI shall be added to and collected as a part of the
this section, if the tax and penalty required by ZDUUDQWOLDELOLW\
subsection (2) of this section are not received
on or before the close of business on the last
day of the month in which the payment is due,
a further penalty of 10 percent shall be paid
in addition to the penalty provided for in sub-
 ,QWKHGLVFUHWLRQRIWKHGHSDUWPHQWD
warrant under this section may be directed
to any agent authorized by the department to
collect taxes, and in the execution of the war-
rant the agent has all of the powers conferred
VHFWLRQRIWKLVVHFWLRQ by law upon sheriffs, but is entitled to no fee
 ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH
delinquency was due to reasonable cause and
without any intent to avoid payment, the pen-
alties provided by subsections (2) and (3) of this
VHFWLRQPD\EHZDLYHG3HQDOWLHVLPSRVHGE\
this section shall not apply when the penalty
SURYLGHGLQ256KDVEHHQDVVHVVHG
DQGSDLG
or compensation in excess of actual expenses
SDLGLQWKHSHUIRUPDQFHRIVXFKGXW\>
F†F†F†@
NoteDQGZHUH
DGGHGWRDQGPDGHDSDUWRIWR
by legislative action but were not added to any
VPDOOHUVHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
 D,IWKHOLFHQVHWD[LPSRVHGE\256
LVQRWSDLGDVUHTXLUHGE\VXEVHFWLRQ
(1) of this section, interest shall be charged at
WKHUDWHRISHUFHQWSHUGD\XQWLOWKHWD[
DQGLQWHUHVWKDYHEHHQSDLGLQIXOO
319.184 Use of collection agency. (1) The
Department of Transportation may engage
the services of a collection agency to collect
any of the taxes, interest and penalties due
WRWKHVWDWHXQGHU256WR
 E ,I WKH OLFHQVH WD[ LPSRVHG E\ 256
LVRYHUSDLGWKHGHSDUWPHQWPD\FUHGLW
interest to the account of the taxpayer in the
DPRXQWRISHUFHQWSHUGD\XSWRDPD[L-
mum amount that equals any interest assessed
against the taxpayer under paragraph (a) of
WKLVVXEVHFWLRQLQDQ\JLYHQDXGLWSHULRG
The department may engage the services by
entering into agreements to pay reasonable
FKDUJHVRQDFRQWLQJHQWIHHRURWKHUEDVLV
(2) The department may assign to the collec-
tion agency, for collection purposes only, any of
the taxes, interest and penalties due the state
XQGHU256WR
 1RGHDOHUZKRLQFXUVDWD[OLDELOLW\DV
SURYLGHGIRULQ256WRVKDOO
knowingly and willfully fail to report and pay
the same to the department as required by
256WR>$PHQGHGE\
F†F†F†
F†F†F†
F†F†F†@
319.182 Collection of delinquent tax,
interest or penalty; warrant; judgment
(3) The collection agency may bring such
actions or take such proceedings, including
attachment and garnishment proceedings, as
PD\EHQHFHVVDU\>F†@
Note6HHQRWHXQGHU
319.186 Uncollectible tax, interest or
penalty. (1) Any tax, interest or penalty due
the state assigned to a collection agency pursu-
DQWWR256WKDWUHPDLQVXQFROOHFWHG
lien. ,IDSHUVRQIDLOVWRSD\LQIXOODQ\WD[ for two years after the date of the assignment
LQWHUHVWRUSHQDOW\GXHXQGHU256WR meets the criteria for uncollectibility formu-
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ ODWHGSXUVXDQWWR256
may issue a warrant for the amount due, with  256DSSOLHVWRDQ\WD[LQWHU-
the added penalties or charges, interest and est or penalty due the state and described in
WKHFRVWRIH[HFXWLQJWKHZDUUDQW$FRS\RI
the warrant shall be mailed or delivered to the
taxpayer by the department at the taxpayer’s
ODVWNQRZQDGGUHVV
VXEVHFWLRQRIWKLVVHFWLRQ>F†
F†@
Note6HHQRWHXQGHU
319.190 Monthly statement of dealer;
(2) At any time after issuing a warrant
under this section, the department may record
the warrant in the County Clerk Lien Record of
DQ\FRXQW\RIWKLVVWDWH5HFRUGLQJRIWKHZDU-
UDQWKDVWKHHIIHFWGHVFULEHGLQ256
After recording a warrant, the department
penalty; rules. (YHU\GHDOHULQPRWRU
vehicle fuel shall render to the Department
of Transportation, on or before the 25th day
of each month, on forms prescribed, prepared
and furnished by the department, and in the
manner provided by the department by rule,

3DJH (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

a signed statement of the number of gallons
of motor vehicle fuel sold, distributed or used
by the dealer during the preceding calendar
PRQWK7KHVWDWHPHQWVKDOOEHVLJQHGE\RQHRI
WKHSULQFLSDORIÀFHUVRUE\DQDXWKRUL]HGDJHQW
in case of a corporation; or by the managing
DJHQWRURZQHULQFDVHRIDÀUPRUDVVRFLDWLRQ
319.200 Assessing tax and penalty
where dealer fails to report. ,IDQ\GHDOHU
H[FHSWRQHVXEMHFWWR256IDLOVWR
ÀOHWKHUHSRUWUHTXLUHGE\256WKH
Department of Transportation shall proceed
forthwith to determine from the best avail-
able source the amount of motor vehicle fuel
  7KH VLJQHG VWDWHPHQW ÀOHG ZLWK WKH
department as required by this section is a
SXEOLFUHFRUG$OORWKHUGRFXPHQWVLQFOXGLQJ
supporting schedules and information received
from other taxing jurisdictions and entities,
VKDOOEHNHSWFRQÀGHQWLDODQGH[HPSWIURP
public inspection except that such information
may be shared with tax collecting entities in
other jurisdictions on the condition that the
receiving jurisdiction agrees to keep such
LQIRUPDWLRQ FRQÀGHQWLDO ,I D VWDWHPHQW LV
not received on or before the 25th day of each
month, a penalty shall be assessed pursuant to
256RULIWKHGHSDUWPHQWGHWHUPLQHV
that no tax is due, a penalty of $25 shall be
DVVHVVHG>$PHQGHGE\F†
F†F†F†@
319.192 Refund to dealer of uncollect-
ible taxes; rules. (1) Upon application to the
Department of Transportation, a motor vehicle
fuel dealer may obtain a refund of the tax paid
to the department on sales of motor vehicle fuel
LI the different products shipped thereunder and
(a) The dealer has received less than full
consideration for the fuel from or on behalf of
a purchaser;
(b) The account has been declared by the
dealer to be an uncollectible account receiv-
able and meets all applicable standards for
deductibility for federal income tax purposes
SXUVXDQWWRWKH,QWHUQDO5HYHQXH&RGHDQG
(c) The dealer has not previously received a
refund from the department for motor vehicle
IXHOWD[HVQRWSDLGE\WKHVDPHSXUFKDVHU
(2) For purposes of determining the amount
of a refund due under this section, the amount
of consideration received by the motor vehicle
fuel dealer shall be apportioned between the
charges for the motor vehicle fuel and the tax
IRUWKHIXHO7KHDPRXQWRIWKHWD[UHIXQGHG
may not exceed the amount of tax paid under
256
sold, distributed or used by such dealer for the
period unreported, and such determination
shall be prima facie evidence of the amount of
VXFKIXHOVROGGLVWULEXWHGRUXVHG7KHGHSDUW-
ment immediately shall assess the license tax
in the amount so determined, adding thereto
DSHQDOW\RISHUFHQWIRUIDLOXUHWRUHSRUW
The penalty shall be cumulative of other pen-
DOWLHVSURYLGHGLQ256WRDQG
,QDQ\VXLWEURXJKWWRHQIRUFHWKH
rights of the state under this section, the cer-
WLÀFDWHRIWKHGHSDUWPHQWVKRZLQJWKHDPRXQW
of taxes, penalties, interest and costs unpaid
by any dealer and that the same are due and
unpaid to the state is prima facie evidence of
WKHIDFWVDVVKRZQ>$PHQGHGE\F†
F†@
319.210 Billing purchasers. Bills shall
be rendered to all purchasers of motor vehicle
IXHOE\GHDOHUVLQPRWRUYHKLFOHIXHO7KHELOOV
shall separately state and describe to the sat-
isfaction of the Department of Transportation
shall be serially numbered except where other
sales invoice controls acceptable to the depart-
PHQWDUHPDLQWDLQHG>$PHQGHGE\F
†F†@
319.220 Receipt, payment or sale of
motor vehicle fuel without invoice or
delivery tag prohibited. No person shall
receive and accept any shipment of motor vehi-
cle fuel from any dealer, or pay for the same,
or sell or offer the shipment for sale, unless
the shipment is accompanied by an invoice
or delivery tag showing the date upon which
shipment was delivered and the name of the
GHDOHULQPRWRUYHKLFOHIXHO>$PHQGHGE\
F†F†@
319.230 Transporting motor vehicle
fuel in bulk. (YHU\SHUVRQRSHUDWLQJDQ\
conveyance for the purpose of hauling, trans-
porting or delivering motor vehicle fuel in bulk
shall, before entering upon the public highways
of this state with such conveyance, have and
  ,I WKH PRWRU YHKLFOH IXHO GHDOHU ZKR
receives a refund under this section subse-
quently collects any amount from any source
for the account declared uncollectible, the
amount collected shall be apportioned between
the charges for the motor vehicle fuel and the
FRUUHVSRQGLQJWD[IRUWKHIXHO7KHPRWRUYHKL-
cle fuel tax collected shall be returned to the
GHSDUWPHQW
(4) The department shall adopt rules govern-
ing the process of applying for and receiving
UHIXQGVXQGHUWKLVVHFWLRQ>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
Page 577
possess during the entire time of hauling or
transporting such motor vehicle fuel an invoice,
bill of sale or other written statement show-
ing the number of gallons, the true name and
address of the seller or consignor, and the true
name and address of the buyer or consignee,
LIDQ\RIWKHVDPH7KHSHUVRQKDXOLQJVXFK
motor vehicle fuel shall at the request of any
sheriff, deputy sheriff, constable, state police
RURWKHURIÀFHUDXWKRUL]HGE\ODZWRLQTXLUH
into or investigate such matters, produce and
offer for inspection the invoice, bill of sale or
RWKHUVWDWHPHQW>$PHQGHGE\F†@
319.240 Exemption of export fuel. (1)
7KHOLFHQVHWD[LPSRVHGE\256PD\
not be imposed on motor vehicle fuel that is
H[SRUWHGE\DGHDOHU
(2015 Edition)
 RELATED LAWS
(a) From this state to another state, territory
or country, not including a federally recognized
,QGLDQUHVHUYDWLRQORFDWHGZKROO\RUSDUWLDOO\
within the borders of this state, where the
motor vehicle fuel is unloaded; and
(b) Who has a valid motor vehicle fuel
dealer’s license or its equivalent issued by the
state, territory or country to which the fuel is
H[SRUWHGDQGZKHUHLWLVXQORDGHG
F†F†F†
F†@
319.250 Certain sales to Armed Forces
exempted; reports. The license tax imposed
E\256VKDOOQRWEHLPSRVHGRQDQ\
aircraft or motor vehicle fuel sold to the Armed
Forces of the United States for use in ships,
aircraft or for export from this state; but every
dealer shall be required to report such sales
 ,QVXSSRUWRIDQ\H[HPSWLRQIURPOLFHQVH
taxes claimed under this section other than
in the case of stock transfers or deliveries in
equipment, every dealer must execute and
ÀOHZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
DQH[SRUWFHUWLÀFDWHLQVXFKIRUPDVVKDOOEH
prescribed, prepared and furnished by the
department, containing a statement, made
by some person having actual knowledge of
the fact of such exportation, that the motor
vehicle fuel has been exported from the State
of Oregon, and giving such details with ref-
erence to such shipment as the department
PD\UHTXLUH$OOH[SRUWFHUWLÀFDWHVLQVXS-
port of shipments to other states, territories
RUFRXQWULHVPXVWEHFRPSOHWHGDQGRQÀOHLQ
WKHSULQFLSDORIÀFHRIWKHGHDOHULQWKLVVWDWH
within three months after the close of the cal-
endar month in which the shipments to which
they relate are made, unless the state, territory
or country of destination would not be prej-
udiced with respect to its collection of taxes
WKHUHRQLIWKHFHUWLÀFDWHLVQRWÀOHGZLWKLQ
to the Department of Transportation in such
GHWDLODVPD\EHUHTXLUHG$FHUWLÀFDWHE\DQ
DXWKRUL]HGRIÀFHURIVXFK$UPHG)RUFHVVKDOO
EHDFFHSWHGE\WKHGHDOHUDVVXIÀFLHQWSURRI
WKDWWKHVDOHLVIRUWKHSXUSRVHVSHFLÀHGLQWKH
FHUWLÀFDWH>$PHQGHGE\F†
F†F†F†@
319.260 Fuel in vehicles coming into or
leaving state not taxed. Any person coming
into or leaving Oregon in a motor vehicle may
transport in the fuel tank of such vehicle motor
vehicle fuel for the purpose of operating such
motor vehicle, without complying with any of
the provisions imposed upon dealers by ORS
WR+RZHYHULIPRWRUYHKLFOH
fuel so brought into the state is removed from
the fuel tank of the vehicle or used for any pur-
pose other than the propulsion of the vehicle,
the person so importing the fuel into this state
shall be subject to all the provisions of ORS
WRDQGDSSO\LQJWR
GHDOHUV>$PHQGHGE\F†D@
319.270 Fuel sold or distributed to
VXFKWLPH7KHGHSDUWPHQWPD\GHPDQGRI
any dealer such additional data as is deemed
QHFHVVDU\LQVXSSRUWRIDQ\VXFKFHUWLÀFDWH
and failure to supply such data will constitute
a waiver of all right to exemption claimed by
YLUWXHRIVXFKFHUWLÀFDWH7KHGHSDUWPHQWPD\
in a case where it believes no useful purpose
ZRXOGEHVHUYHGE\ÀOLQJRIDQH[SRUWFHUWLÀ-
FDWHZDLYHWKHFHUWLÀFDWH
(3) Any motor vehicle fuel carried from this
state in the fuel tank of a motor vehicle shall
not be considered as exported from this state,
except that a refund of the tax may be paid on
dealers. 1RWZLWKVWDQGLQJ256
LIWKHÀUVWVDOHXVHRUGLVWULEXWLRQRIPRWRU
vehicle fuel or aircraft fuel is from one licensed
dealer to another licensed dealer, the selling or
distributing dealer is not required to pay the
OLFHQVHWD[LPSRVHGE\256:KHQ
WKHSXUFKDVLQJRUUHFHLYLQJGHDOHUÀUVWVHOOV
uses or distributes the fuel, that dealer shall
pay the license tax regardless of whether the
sale, use or distribution is to another licensed
GHDOHU
(2) A dealer who renders monthly state-
ments to the Department of Transportation
VXFKIXHODVSURYLGHGLQ256G
(4) No person shall, through false state-
ment, trick or device, or otherwise, obtain
motor vehicle fuel for export upon which the
Oregon tax has not been paid and fail to export
the same, or any portion thereof, or cause the
motor vehicle fuel or any portion thereof not to
be exported, or shall divert the motor vehicle
fuel or any portion thereof, or shall cause it to
be diverted from interstate or foreign transit
begun in this state, or shall unlawfully return
the motor vehicle fuel or any portion thereof to
be used or sold in this state and fail to notify
the department and the dealer from whom the
motor vehicle fuel was originally purchased of
WKHSHUVRQ·VDFW
(5) No dealer or other person shall conspire
with any person to withhold from export, or
divert from interstate or foreign transit begun
in this state, or to return motor vehicle fuel to
this state for sale or use so as to avoid any of
WKHWD[HVLPSRVHGE\256WR
>$PHQGHGE\F†F†
Page 578
DV UHTXLUHG E\ 256  DQG 
shall show separately the number of gallons of
PRWRUYHKLFOHIXHOVROGRUGHOLYHUHGWRGHDOHUV
>$PHQGHGE\F†@
319.275 Liability for taxes, interest and
penalties when person importing fuel
does not hold license. (1) A person who is
not a licensed dealer shall not accept or receive
motor vehicle or aircraft fuel in this state from
a person who imports motor vehicle or aircraft
fuel who does not hold a valid motor vehicle fuel
GHDOHUOLFHQVHLQWKLVVWDWH,IDSHUVRQZKRLV
not a licensed dealer accepts or receives motor
vehicle fuel or aircraft fuel from a person who
imports motor vehicle fuel or aircraft fuel and
does not hold a valid motor vehicle fuel dealer
license in this state, the purchaser or receiver
shall be liable for all taxes, interest and pen-
DOWLHVFRQWDLQHGLQ256WR
(2) A licensed dealer who accepts or receives
motor vehicle fuel or aircraft fuel in this state
from a person who imports motor vehicle or
aircraft fuel who does not hold a valid dealer
(2015 Edition)

027259(+,&/($1'$,5&5$)7)8(/7$;(6
license in this state shall pay the tax imposed
E\256WRWKH'HSDUWPHQWRI7UDQV-
SRUWDWLRQXSRQWKHÀUVWVDOHXVHRUGLVWULEXWLRQ
RIWKHPRWRUYHKLFOHIXHORUDLUFUDIWIXHO>
F†F††DD@
319.280 Refunds generally. (1) Any person
who has paid any tax on motor vehicle fuel
OHYLHGRUGLUHFWHGWREHSDLGE\256
WRHLWKHUGLUHFWO\E\WKHFROOHFWLRQRI
the tax by the vendor from the consumer, or
indirectly by adding the amount of the tax to
the price of the fuel and paid by the consumer,
shall be reimbursed and repaid the amount
of such tax paid, except as provided in ORS
WRLIVXFKSHUVRQKDV refund of 25 percent of the tax paid on all fuel
(a) Purchased and used such fuel for the
purpose of operating or propelling a stationary
gas engine, a tractor or a motor boat, if the
motor boat is used for commercial purposes
at any time during the period for which the
refund is claimed;
(b) Purchased and used such fuel for clean-
ing or dyeing or other commercial use, except
when used in motor vehicles operated upon
any highway;
(c) Purchased and exported such fuel from
this state, in containers other than fuel supply
tanks of motor vehicles, provided that the
SHUVRQ (4)(a) The department may provide by rule


WKHRSHUDWLRQRIWKHDX[LOLDU\HTXLSPHQW7KH
person claiming the refund may present to the
Department of Transportation a statement of
WKHFODLPDQGEHDOORZHGDUHIXQGDVIROORZV
(a) For fuel used in pumping aircraft fuel,
motor vehicle fuel, fuel or heating oils or other
petroleum products by a power take-off unit on
a delivery truck, refund shall be allowed claim-
ant for tax paid on fuel purchased at the rate
of three-fourths of one gallon for each 1,000
JDOORQVRISHWUROHXPSURGXFWVGHOLYHUHG
(b) For fuel used in operating a power
take-off unit on a cement mixer truck or on
a garbage truck, claimant shall be allowed a
XVHGLQVXFKDWUXFN
(3) When a person purchases and uses
motor vehicle fuel in a vehicle equipped with
a power take-off unit, a refund may be claimed
for fuel used to operate the power take-off unit
provided the vehicle is equipped with a meter-
ing device approved by the department and
designed to operate only while the vehicle is
stationary and the parking brake is engaged;
the quantity of fuel measured by the metering
device shall be presumed to be the quantity of
fuel consumed by the operation of the power
WDNHRIIXQLW
 $([SRUWVWKHPRWRUYHKLFOHIXHOIURPWKLV
state to another state, territory or country, not
LQFOXGLQJDIHGHUDOO\UHFRJQL]HG,QGLDQUHVHU-
vation located wholly or partially within the
borders of this state, where the motor vehicle
fuel is unloaded; and
(B) Has a valid motor vehicle fuel deal-
er’s license or its equivalent issued by the
state, territory or country to which the fuel is
that a refund under subsection (1)(f) of this
section be granted as a credit against future
per-mile road usage charges incurred by the
SHUVRQXQGHU256
(b)(A) The department may provide by rule
for refund thresholds that are met by aggre-
gating refund amounts or by estimating motor
vehicle fuel tax refunds by vehicle type, at the
RSWLRQRIWKHSHUVRQFODLPLQJWKHUHIXQG
exported and where it is unloaded;
(d) Purchased and exported such fuel in the
fuel supply tank of a motor vehicle and has
used such fuel to operate the vehicle upon the
highways of another state, if the user has paid
to the other state a similar motor vehicle fuel
tax on the same fuel, or has paid any other
highway use tax the rate for which is increased
because such fuel was not purchased in, and
the tax thereon paid, to such state;
(e) Purchased and used such fuel for small
engines that are not used to propel motor vehi-
cles on highways, including but not limited to
those that power lawn mowers, leaf blowers,
chain saws and similar implements; or
(f) Purchased and used such fuel for operat-
ing a motor vehicle the metered use of which
is subject to the per-mile road usage charge
LPSRVHGXQGHU256LIWKHSHUVRQKDV
SDLGWKHFKDUJH
(2) When a motor vehicle with auxiliary
equipment uses fuel and there is no auxiliary
motor for such equipment or separate tank
for such a motor, a refund may be claimed
and allowed as provided by subsection (5) of
this section, except as otherwise provided by
this subsection, without the necessity of fur-
nishing proof of the amount of fuel used in
Page 579
 %,IWKHSHUVRQFODLPLQJWKHUHIXQGRSWV
for an estimated refund based on vehicle type,
the requirement under subsection (5) of this
section that the person claiming the refund
must present original invoices or reasonable
facsimiles showing motor vehicle fuel pur-
FKDVHVGRHVQRWDSSO\
(5) Before any such refund may be granted,
the person claiming such refund must present
to the department a statement, accompanied
by the original invoices, or reasonable fac-
similes approved by the department, showing
such purchases; provided that in lieu of origi-
nal invoices or facsimiles, refunds submitted
under subsection (1)(d) of this section shall be
accompanied by information showing source of
the fuel used and evidence of payment of tax
WRWKHVWDWHLQZKLFKWKHIXHOZDVXVHG7KH
statement shall be made over the signature of
the claimant, and shall state the total amount
of such fuel for which the claimant is entitled
to be reimbursed under subsection (1) of this
VHFWLRQ7KHGHSDUWPHQWXSRQWKHSUHVHQWDWLRQ
of the statement and invoices or facsimiles, or
other required documents, shall cause to be
repaid to the claimant from the taxes collected
on motor vehicle fuel such taxes so paid by the
FODLPDQW>$PHQGHGE\F†
F†F†F†
(2015 Edition)
 RELATED LAWS
F†F†F†
F†F†F†@
319.290 Limitation on applications for
refunds. Applications for refunds made under
256DQGPXVWEH
ÀOHGZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
before the expiration of 15 months from the
date of purchase or invoice, except that unused
fuel reported as an ending inventory on any
claim may be included in a subsequent claim
if presented not later than 15 months from the
ÀOLQJGDWHRIWKHFODLPZKLFKHVWDEOLVKHGWKH
LQYHQWRU\$OODSSOLFDWLRQVIRUUHIXQGVEDVHG
upon exportation of motor vehicle fuel from this
state in the fuel supply tank of a motor vehicle
PXVWEHÀOHGZLWKWKHGHSDUWPHQWEHIRUHWKH
expiration of 15 months from the last day of
the month in which the fuel was used, or before
the expiration of 15 months from the date of
an assessment for unpaid tax by the state in
ZKLFKWKHIXHOZDVXVHG>$PHQGHGE\
F†F†F†@
319.300 Seller to give invoice for each
purchase made by person entitled to
refund. (1) When motor vehicle fuel is sold to
a person who claims to be entitled to a refund
of the tax imposed, the seller of the motor vehi-
319.320 Refund of tax on fuel used in
operation of vehicles over certain roads
or private property. (1) Upon compliance
with subsection (2) or (3) of this section the
Department of Transportation shall refund, in
the manner provided in subsection (2) or (3) of
this section, the tax on motor vehicle fuel that
LVXVHGLQWKHRSHUDWLRQRIDPRWRUYHKLFOH
(a) By any person on any road, thoroughfare
RUSURSHUW\LQSULYDWHRZQHUVKLS
(b) By any person on any road, thoroughfare
or property, other than a state highway, county
road or city street, for the removal of forest
SURGXFWVDVGHÀQHGLQ256RUWKH
products of such forest products converted to a
form other than logs at or near the harvesting
site, or for the construction or maintenance of
the road, thoroughfare or property, pursuant
to a written agreement or permit authorizing
the use, construction or maintenance of the
URDGWKRURXJKIDUHRUSURSHUW\ZLWKRUE\
(A) An agency of the United States;
(B) The State Board of Forestry;
(C) The State Forester; or
(D) A licensee of an agency named in sub-
cle fuel shall make and deliver at the time of
the sale separate invoices for each purchase in
such form and containing any information pre-
VFULEHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(2) The invoices shall be legibly written and
shall be void if any corrections or erasures
DSSHDURQWKHIDFHWKHUHRI$Q\SHUVRQZKR
alters any part of any invoice that will tend
to give to the claimant an illegal gain, shall
KDYHWKHHQWLUHFODLPLQYDOLGDWHG7KHVHOOHU
shall for a period of at least 18 months retain
copies of all invoices and make them available
WRWKHGHSDUWPHQWXSRQUHTXHVW>$PHQGHGE\
F†F†F†@
319.310 Claims for refunds may be
required to be under oath; investigation
of claims. (1) The Department of Transporta-
tion may require any person who makes claim
for refund of tax upon motor vehicle fuel to
furnish a statement, under oath, giving the
SDUDJUDSK$%RU&RIWKLVSDUDJUDSK
(c) By an agency of the United States or of
this state or of any county, city or port of this
state on any road, thoroughfare or property,
other than a state highway, county road or city
VWUHHW
(d) By any person on any county road for the
UHPRYDORIIRUHVWSURGXFWVDVGHÀQHGLQ256
RUWKHSURGXFWVRIVXFKIRUHVWSURGXFWV
converted to a form other than logs at or near
WKHKDUYHVWLQJVLWHLI
(A) The use of the county road is pursuant to
a written agreement entered into with, or to a
permit issued by, the State Board of Forestry,
the State Forester or an agency of the United
States, authorizing such person to use such
road and requiring such person to pay for or
to perform the construction or maintenance of
the county road;
occupation, description of the machines or
equipment in which the motor vehicle fuel
was used, the place where used and such other
LQIRUPDWLRQDVWKHGHSDUWPHQWPD\UHTXLUH
(2) The department may investigate claims
and gather and compile such information in
regard to the claims as it considers necessary
to safeguard the state and prevent fraudulent
practices in connection with tax refunds and
 %7KHERDUGRIÀFHURUDJHQF\WKDWHQWHUHG
into the agreement or granted the permit,
by contract with the county court or board
of county commissioners, has assumed the
responsibility for the construction or mainte-
nance of such county road; and
(C) Copies of the agreements or permits
required by subparagraphs (A) and (B) of this
SDUDJUDSKDUHÀOHGZLWKWKHGHSDUWPHQW
WD[HYDVLRQV7KHGHSDUWPHQWPD\LQRUGHU
to establish the validity of any claim, exam-
ine the books and records of the claimant for
VXFKSXUSRVHV7KHUHFRUGVVKDOOEHVXIÀFLHQW
to substantiate the accuracy of the claim and
shall be in such form and contain such infor-
PDWLRQDVWKHGHSDUWPHQWPD\UHTXLUH)DLOXUH
of the claimant to maintain such records or
to accede to the demand for such examination
constitutes a waiver of all rights to the refund
claimed on account of the transaction ques-
WLRQHG>$PHQGHGE\F†@
Page 580
 ([FHSWIRUDIDUPHUVXEMHFWWRVXEVHF-
tion (3) of this section, the person or agency,
as the case may be, who has paid any tax on
such motor vehicle fuels levied or directed to be
SDLGDVSURYLGHGE\256WR
is entitled to claim a refund of the tax so paid
on such fuels or for the proportionate part of
tax paid on fuels used in the operation of such
vehicles, when part of the operations are over
VXFKURDGVWKRURXJKIDUHVRUSURSHUW\7KH
proportionate part shall be based upon the
number of miles traveled by any such vehicle
(2015 Edition)

027259(+,&/($1'$,5&5$)7)8(/7$;(6
over such roads, thoroughfares or property as
compared to the total number of miles traveled
E\VXFKYHKLFOH7REHHOLJLEOHWRFODLPVXFK
refund the person or agency, as the case may
EHVKDOOÀUVWHVWDEOLVKDQGPDLQWDLQDFRP-
plete record of the operations, miles traveled,
gallons of fuel used and other information, in
such form and in such detail as the depart-
ment may prescribe and require, the source
of supply of all fuels purchased or used, and
the particular vehicles or equipment in which


within the State of Oregon directly to a point
QRWZLWKLQDQ\VWDWHRIWKH8QLWHG6WDWHV7KH
amount so deducted shall be paid on warrant of
the Oregon Department of Administrative Ser-
vices to the State Treasurer, who shall credit
the amount to the State Aviation Account for
the purpose of carrying out the provisions of
WKHVWDWHDYLDWLRQODZ0RQH\VFUHGLWHGWRWKH
account under this section are continuously
appropriated to the Oregon Department of
$YLDWLRQ
XVHG:KHQHYHUDQ\VXFKFODLPLVUHFHLYHGDQG
approved by the department, it shall cause the
refund of tax to be paid to the claimant in like
manner as provided for paying of other refund
FODLPV
(3) A farmer who has paid any tax on motor
vehicle fuels levied or directed to be paid, as
SURYLGHGLQ256WRLVHQWLWOHG
to claim a refund of the tax paid on such fuels
used in farming operations in the operation of
any motor vehicle on any road, thoroughfare or
SURSHUW\LQSULYDWHRZQHUVKLS7REHHOLJLEOHWR
claim such refund a farmer shall maintain in
such form and in such detail as the department
may prescribe and require, a record, supported
by purchase invoices, of all such motor vehicle
fuel purchased (including fuel purchased to
operate any motor vehicle on the highway) and,
for each and every motor vehicle operated on
the highway, a record of all fuel used and of
DOOPLOHVWUDYHOHGRQWKHKLJKZD\:KHQHYHU
any such claim is received and approved by
the department, it shall cause the refund of
tax to be paid to the claimant in like manner
DVSURYLGHGIRUSD\LQJRIRWKHUUHIXQGFODLPV
(4) As used in subsections (2) and (3) of this
VHFWLRQ´IDUPHUµLQFOXGHVDQ\SHUVRQZKR
manages or conducts a farm for the produc-
tion of livestock or crops but does not include
a person who manages or conducts a farm for
WKHSURGXFWLRQRIIRUHVWSURGXFWVDVGHÀQHG
LQ256RUWKHSURGXFWVRIVXFKIRUHVW
products converted to a form other than logs at
or near the harvesting site, or of forest trees
unless the production of such forest products
or forest trees is only incidental to the primary
SXUSRVHRIWKHIDUPLQJRSHUDWLRQ>$PHQGHG
E\F†F†F†
F†F†@
319.330 Refunds to purchasers of fuel
for aircraft. (1) Whenever any statement and
invoices are presented to the Department of
Transportation showing that motor vehicle fuel
or aircraft fuel has been purchased and used in
operating aircraft engines and upon which the
full tax for motor vehicle fuel has been paid,
the department shall refund the tax paid, but
only after deducting from the tax paid 11 cents
 ,IVDWLVIDFWRU\HYLGHQFHLVSUHVHQWHGWR
the Department of Transportation showing
that aircraft fuel upon which the tax has been
paid has been purchased and used solely in
aircraft operations from a point within the
State of Oregon directly to a point not within
any state of the United States, the department
VKDOOUHIXQGWKHWD[SDLG>$PHQGHGE\
F†F†F†
F†F††F†
F†@
Note7KHDPHQGPHQWVWRE\VHF-
tion 5, chapter 700, Oregon Laws 2015, apply
to fuel purchased and used in operating air-
FUDIWHQJLQHVRQRUDIWHU-DQXDU\6HH
VHFWLRQFKDSWHU2UHJRQ/DZV7KH
text that applies to fuel purchased and used in
operating aircraft engines on or after January
LVVHWIRUWKIRUWKHXVHU·VFRQYHQLHQFH
319.330. (1) Whenever any statement and
invoices are presented to the Department of
Transportation showing that motor vehicle fuel
or aircraft fuel has been purchased and used in
operating aircraft engines and upon which the
full tax for motor vehicle fuel has been paid,
the department shall refund the tax paid, but
only after deducting from the tax paid nine
cents for each gallon of such fuel so purchased
and used, except that when such fuel is used in
operating aircraft turbine engines (turbo-prop
or jet) the deduction shall be one cent for each
JDOORQ1RGHGXFWLRQSURYLGHGXQGHUWKLVVXE-
section shall be made on claims presented by
the United States or on claims presented where
a satisfactory showing has been made to the
department that such aircraft fuel has been
used solely in aircraft operations from a point
within the State of Oregon directly to a point
QRWZLWKLQDQ\VWDWHRIWKH8QLWHG6WDWHV7KH
amount so deducted shall be paid on warrant of
the Oregon Department of Administrative Ser-
vices to the State Treasurer, who shall credit
the amount to the State Aviation Account for
the purpose of carrying out the provisions of
WKHVWDWHDYLDWLRQODZ0RQH\VFUHGLWHGWRWKH
account under this section are continuously
appropriated to the Oregon Department of
$YLDWLRQ
for each gallon of such fuel so purchased and
used, except that when such fuel is used in
operating aircraft turbine engines (turbo-prop
or jet) the deduction shall be three cents for
HDFKJDOORQ1RGHGXFWLRQSURYLGHGXQGHUWKLV
subsection shall be made on claims presented
by the United States or on claims presented
where a satisfactory showing has been made to
the department that such aircraft fuel has been
used solely in aircraft operations from a point
Page 581
 ,IVDWLVIDFWRU\HYLGHQFHLVSUHVHQWHGWR
the Department of Transportation showing
that aircraft fuel upon which the tax has been
paid has been purchased and used solely in
aircraft operations from a point within the
State of Oregon directly to a point not within
any state of the United States, the department
VKDOOUHIXQGWKHWD[SDLG
(2015 Edition)
 RELATED LAWS
319.340 >$PHQGHG E\  F †
UHSHDOHGE\F†@
319.350 >$PHQGHG E\  F †
UHSHDOHGE\F†@
319.360 >$PHQGHG E\  F †
UHSHDOHGE\F†@
319.370 Examinations and investiga-
tions; correcting reports and payments.
The Department of Transportation, or its duly
authorized agents, may make any examination
of the accounts, records, stocks, facilities and
equipment of dealers, brokers, service stations
and other persons engaged in storing, selling or
distributing motor vehicle fuel or other petro-
leum product or products within this state,
and such other investigations as it considers
necessary in carrying out the provisions of
256WR,IWKHH[DPLQDWLRQV
or investigations disclose that any reports of
GHDOHUVRURWKHUSHUVRQVWKHUHWRIRUHÀOHGZLWK
the department pursuant to the requirements
RI256WRKDYHVKRZQLQFRU-
rectly the amount of gallonage of motor vehicle
fuel distributed or the tax, penalty or interest
accruing thereon, the department may make
such changes in subsequent reports and pay-
ments of such dealers or other persons, or may
make such refunds, as may be necessary to
correct the errors disclosed by its examinations
RULQYHVWLJDWLRQV>$PHQGHGE\F†@
319.375 Limitation on credit for or
refund of overpayment and on assess-
lands, other than for motor vehicle fuel used
on state highways, county roads or city streets
VXSSRUWHGE\WKH6WDWH+LJKZD\)XQG>
F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
319.390 Records to be kept by dealers;
inspection of records. (YHU\GHDOHULQPRWRU
vehicle fuel shall keep a record in such form
as may be prescribed by the Department of
Transportation of all purchases, receipts, sales
DQGGLVWULEXWLRQRIPRWRUIXHO7KHUHFRUGV
shall include copies of all invoices or bills of
all such sales and shall at all times during
the business hours of the day be subject to
inspection by the department or its deputies
RURWKHURIÀFHUVGXO\DXWKRUL]HGE\WKHGHSDUW-
PHQW8SRQUHTXHVWIURPWKHRIÀFLDOVWRZKRP
is entrusted the enforcement of the motor fuel
tax law of another state, territory, country or
the federal government, the department shall
IRUZDUGWRVXFKRIÀFLDOVDQ\LQIRUPDWLRQZKLFK
it may have relative to the import or export of
any motor vehicle fuel by any dealer, provided
such other state, territory, country or federal
government furnishes like information to this
VWDWH>$PHQGHGE\F†F
†@
319.400 Records to be kept three years.
ment of additional tax.  ([FHSW DV
RWKHUZLVHSURYLGHGLQ256WR
any credit for erroneous overpayment of tax
made by a dealer taken on a subsequent return
or any claim for refund of tax erroneously over-
SDLGÀOHGE\DGHDOHUPXVWEHVRWDNHQRUÀOHG
within three years after the date on which the
RYHUSD\PHQWZDVPDGHWRWKHVWDWH
(YHU\GHDOHUVKDOOPDLQWDLQDQGNHHSZLWKLQ
the State of Oregon, for a period of three years,
all records of motor vehicle fuel used, sold and
distributed within this state by such dealer,
together with stock records, invoices, bills of
lading and other pertinent papers as may be
UHTXLUHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
>$PHQGHGE\F†F†@
 ([FHSWLQWKHFDVHRIDIUDXGXOHQWUHSRUW
or neglect to make a report, every notice of
additional tax proposed to be assessed under
256WRVKDOOEHVHUYHGRQ
dealers within three years from the date upon
ZKLFKVXFKDGGLWLRQDOWD[HVEHFRPHGXH>
F†F†@
319.410 Disposition of tax moneys.
(1) The Department of Transportation shall
promptly turn over the license tax to the State
Treasurer to be disposed of as provided in ORS

(2) The revenue from the license tax col-
lected from the use, sale or distribution of
319.380 Examining books and accounts
of carrier of motor vehicle fuel. The
Department of Transportation or its duly
authorized agents may at any time during
normal business hours examine the books
and accounts of any carrier of motor vehicle
fuel operating within this state for the purpose
of checking shipments or use of motor vehicle
fuel, detecting diversions thereof or evasion of
taxes on same in enforcing the provisions of
256WR
319.382 Agreements for refunds to
Indian tribes. Notwithstanding any other
provision of law, the Department of Trans-
portation may enter into agreements with the
JRYHUQLQJERG\RIDQ\,QGLDQWULEHUHVLGLQJ
on a reservation in Oregon to provide refunds
to the tribe of state motor vehicle fuel taxes
for fuel purchased on the reservation and
used by tribal members on tribal reservation
Page 582
DLUFUDIWIXHODVLPSRVHGE\256
VKDOOEHWUDQVIHUUHGXSRQFHUWLÀFDWLRQRIWKH
department to the State Treasurer, who shall
FUHGLWWKHFHUWLÀHGDPRXQWWRWKH6WDWH$YLD-
tion Account for the purpose of carrying out the
SURYLVLRQVRIWKHVWDWHDYLDWLRQODZV>$PHQGHG
E\F†F†F
†F†F†F
†F†F†@
319.415 Estimate of tax on fuel used
for boats; transfer to Boating Safety,
Law Enforcement and Facility Account;
use. (1) On or before July 15 of each year, the
Oregon Department of Administrative Ser-
vices, after consultation with the Department
of Transportation and the State Marine Board,
shall determine the amount of the motor vehi-
FOHIXHOWD[LPSRVHGXQGHU256WR
GXULQJWKHSUHFHGLQJÀVFDO\HDUZLWK
respect to fuel purchased and used to operate
RUSURSHOPRWRUERDWV7KHDPRXQWGHWHUPLQHG
(2015 Edition)
 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

shall be reduced by the amount of any refunds the Oregon Department of Aviation shall
for motor boats used for commercial purposes estimate, using a methodology approved by
actually paid during the preceding year on the Oregon Transportation Commission, the
DFFRXQWRI256D
(2)(a) The Oregon Department of Adminis-
trative Services shall estimate the amount of
fuel described in subsection (1) of this section
that is used to operate or propel motor boats
by conducting a statistically valid, unbiased,
LQGHSHQGHQWVXUYH\RIERDWRZQHUV7KHVXUYH\
shall be conducted once every four years and
shall be designed to estimate the average daily
fuel consumption by motor boats and the total
amount of the motor vehicle fuel tax imposed
XQGHU256WRGXULQJWKHSUH-
FHGLQJÀVFDO\HDUZLWKUHVSHFWWRPRWRUYHKLFOH
fuel purchased and used in operating aircraft
engines and upon which the full tax for motor
YHKLFOHIXHOKDVEHHQSDLG7KHHVWLPDWHVKDOO
be reduced by the amount of any refunds actu-
ally paid on motor vehicle fuel, excluding those
paid on aviation gasoline or jet fuel, during the
SUHFHGLQJÀVFDO\HDUSXUVXDQWWR256
GD\VRIPRWRUERDWXVHSHU\HDU7KHVXUYH\
shall be used to determine the amount of the
transfer required by subsection (3) of this sec-
WLRQIRUWKHÀUVWWUDQVIHUWKDWRFFXUVDIWHUWKH
VXUYH\LVFRPSOHWHG,IWKHWD[UDWHFKDQJHV
GXULQJWKHÀVFDO\HDUWKHDPRXQWRIWD[WR
be transferred shall be prorated based on the
percentage of total motor boat use taking place
GXULQJHDFKWD[SHULRG

(2) The Oregon Department of Adminis-
trative Services shall certify the amount of
the estimate made under subsection (1) of this
section to the Department of Transportation,
the Director of the Oregon Department of Avi-
DWLRQDQGWKH6WDWH7UHDVXUHU7KHUHXSRQWKH
amount of the estimate shall be transferred
from the Department of Transportation Driver
 E,Q\HDUVZKHQQRVXUYH\LVFRQGXFWHGWKH
amount to be transferred under subsection (3)
of this section shall be calculated by multiply-
ing the per boat fuel consumption factors from
the preceding survey by the number of motor
boats as shown by the annual actual count
RIERDWUHJLVWUDWLRQV7KHUHVXOWLQJDPRXQW
in gallons per year, shall be the basis for the
GHWHUPLQDWLRQRIWKHDPRXQWWREHWUDQVIHUUHG
(c) The survey required by paragraph (a) of
this subsection shall be developed by a research
department within Oregon State University,
in consultation with the State Marine Board
DQGWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ7KH
Oregon Department of Administrative Services
shall contract for the development and conduct
of the survey, and the costs shall be paid by
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ&RVWVSDLG
by the Department of Transportation may be
deducted from the amount transferred to the
State Marine Board under subsection (3) of
WKLVVHFWLRQ
(3) The Oregon Department of Adminis-
trative Services shall certify the amount of
the estimate made under subsection (1) of
this section, as reduced by refunds, to the
Department of Transportation, to the State
0DULQH%RDUGDQGWRWKH6WDWH7UHDVXUHU
Thereupon, that amount shall be transferred
from the Department of Transportation Driver
and Motor Vehicle Suspense Account to the
State Aviation Account and is continuously
appropriated to the Oregon Department of Avi-
ation to carry out the purposes of ORS chapters
DQG>F†F
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319.420 ORS 319.510 to 319.880 not
affected. 256WRGRQRWDIIHFW
RUUHSHDODQ\RIWKHSURYLVLRQVRI256
WR
319.430 Savings clause. All rights and
obligations arising under the provisions of the
statutes repealed in section 38, chapter 413,
Oregon Laws 1945, shall not in any way be
DIIHFWHGE\VXFKUHSHDO6XFKVWDWXWHVVKDOOEH
considered in full force and effect for the pur-
pose of carrying out all duties and obligations
contracted or arising under such statutes, prior
WR-XQH
USE FUEL TAX
319.510 Short title. 256  WR
PD\EHFLWHGDVWKH8VH)XHO7D[/DZ
>$PHQGHGE\F†@
 'HÀQLWLRQVIRU256WR
319.880. $VXVHGLQ256WR
unless the context clearly indicates a different
PHDQLQJ
and Motor Vehicle Suspense Account to the
%RDWLQJ6DIHW\/DZ(QIRUFHPHQWDQG)DFLOLW\
$FFRXQWFUHDWHGXQGHU256DQGLV
continuously appropriated to the State Marine
Board for the purposes for which the moneys
LQWKH%RDWLQJ6DIHW\/DZ(QIRUFHPHQWDQG
 ´&DUGORFNFDUGµPHDQVDIXHOFDUG
(a) Capable of generating an electronic
invoice or electronic statement that includes
WKHLQIRUPDWLRQUHTXLUHGE\256DQG
the applicable fuel tax amount;
)DFLOLW\$FFRXQWDUHDSSURSULDWHG>F
†F†F†F
†F†@
319.417 Estimate of tax on fuel used
in aircraft; transfer to State Aviation
Account; use. (1) On or after October 3, 1989,
and on or before July 15 of each year thereaf-
ter, the Oregon Department of Administrative
Services, after consultation with the Depart-
ment of Transportation and the Director of
Page 583
 E,VVXHGIRUDVSHFLÀFYHKLFOHDVSHFLÀF
piece of equipment or a group of equipment;
(c) That includes the qualifying information,
as designated by the Department of Transpor-
tation by rule, that is printed on the electronic
invoice or electronic statement;
(d) That allows the tax status of the cardlock
card to be indicated on the electronic invoice
or electronic statement and includes state tax
(2015 Edition)
 RELATED LAWS

as a separate item on the invoice or statement;
and
(e) That allows a cardlock card issuer to
generate a statement recording, by fuel type,
gallons of fuel purchased for domestic and for-
HLJQFXVWRPHUVHDFKPRQWK
 ´7RXVHIXHOLQDPRWRUYHKLFOHµPHDQVWR
receive into any receptacle on a motor vehicle,
fuel to be consumed in propelling the motor
vehicle on the highways of this state; and, if
the fuel is received into the receptacle outside
the taxing jurisdiction of the state, “to use fuel
LQDPRWRUYHKLFOHµPHDQVWRFRQVXPHLQSUR-
  ´&RPELQHG ZHLJKWµ PHDQV WKH WRWDO pelling the motor vehicle on the highways of
empty weight of all vehicles in a combination WKLVVWDWH>$PHQGHGE\F†
plus the total weight of the load carried on that F†F†F†
FRPELQDWLRQRIYHKLFOHV F†DF†F†
 ´'HOLQTXHQWµPHDQVKDYLQJIDLOHGWRSD\ F†F†@
a tax or penalty within the time provided by 319.525 Agreements with Indian tribes.
ODZ Notwithstanding any other provision of law,
 ´'HSDUWPHQWµPHDQVWKH'HSDUWPHQWRI the Department of Transportation may enter
7UDQVSRUWDWLRQ into agreements with the governing body of
DQ\,QGLDQWULEHUHVLGLQJRQDUHVHUYDWLRQLQ
 ´'RPHVWLFFXVWRPHUµPHDQVDFXVWRPHU Oregon to provide for the administration of the
making a purchase at a nonretail facility WD[LPSRVHGXQGHU256WR
RZQHGE\WKHFDUGORFNFDUGLVVXHU >F†@
 ´)RUHLJQFXVWRPHUµPHDQVDFXVWRPHU 319.530 Imposition of tax; rate. (1) To
making a purchase at a nonretail facility compensate this state partially for the use of
owned by a seller other than the cardlock card its highways, an excise tax hereby is imposed
LVVXHU at the rate of 30 cents per gallon on the use of
 ´)XHOµPHDQVDQ\FRPEXVWLEOHJDVOLTXLG IXHOLQDPRWRUYHKLFOH
or material of a kind used for the generation  ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
of power to propel a motor vehicle on the high- tions (3) and (4) of this section, 100 cubic feet of
ZD\VH[FHSWPRWRUYHKLFOHIXHODVGHÀQHGLQ fuel used or sold in a gaseous state, measured
256 DWSRXQGVSHUVTXDUHLQFKRISUHVVXUHDW
 ´+LJKZD\µPHDQVHYHU\ZD\WKRURXJK- GHJUHHV)DKUHQKHLWLVWD[DEOHDWWKHVDPH
fare and place, of whatever nature, open to the UDWHDVDJDOORQRIOLTXLGIXHO
use of the public for the purpose of vehicular (3) One hundred twenty cubic feet of com-
WUDYHO pressed natural gas used or sold in a gaseous
 ´/LJKWZHLJKWµPHDQVWKHZHLJKWRID VWDWHPHDVXUHGDWSRXQGVSHUVTXDUH
vehicle when fully equipped for moving over LQFKRISUHVVXUHDWGHJUHHV)DKUHQKHLWLV
WKHKLJKZD\ taxable at the same rate as a gallon of liquid
IXHO
 ´0RWRUYHKLFOHµPHDQVHYHU\VHOISUR-
pelled vehicle operated on the highway, except (4) One and three-tenths liquid gallons of
an implement of husbandry used in agricul- SURSDQHDWGHJUHHV)DKUHQKHLWLVWD[DEOHDW
tural operations and only incidentally operated WKHVDPHUDWHDVDJDOORQRIRWKHUOLTXLGIXHO
RUPRYHGXSRQWKHKLJKZD\  D([FHSWDVSURYLGHGLQSDUDJUDSKERI
 ´1RQUHWDLOIDFLOLW\µPHDQV this subsection, the excise tax imposed under
subsection (1) of this section does not apply to
(a) An unattended facility accessible only by diesel fuel blended with a minimum of 20 per-
cardlock card and not associated with a retail cent biodiesel that is derived from used cooking
facility; or RLO
(b) An unattended portion of a retail facility (b) The exemption provided under paragraph
separate from the retail operations and acces- DRIWKLVVXEVHFWLRQGRHVQRWDSSO\WRIXHO
VLEOHRQO\E\FDUGORFNFDUG
(A) Used in motor vehicles that have a gross
 ´3HUVRQµPHDQVDQ\LQGLYLGXDOÀUP YHKLFOHZHLJKWUDWLQJRISRXQGVRUPRUH
copartnership, joint venture, association,
corporation, trust, receiver or any group or (B) That is not sold in retail operations; or
FRPELQDWLRQDFWLQJDVDXQLW  &7KDWLVVROGLQRSHUDWLRQVLQYROYLQJÁHHW
 ´6HOOHUµPHDQV IXHOLQJRUEXONVDOHV>$PHQGHGE\F
†F†F†F†
(a) A person that sells fuel to a user; or F††F†F
 E ,I WKH IXHO LV GLVSHQVHG DW D QRQUH- ††F†F††
tail facility, the person that owns the user’s F†F†F†@
accounts and bills the user for fuel purchased Note7KHDPHQGPHQWVWRE\VHF-
DWDQRQUHWDLOIDFLOLW\ WLRQFKDSWHU2UHJRQ/DZVDSSO\
 ´7RVHOOIXHOIRUXVHLQDPRWRUYHKLFOHµ
means to dispense or place fuel for a price into
a receptacle on a motor vehicle, from which
receptacle the fuel is supplied to propel the
PRWRUYHKLFOH
WRIXHOVROGRQRUDIWHU-DQXDU\6HH
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The text that applies to fuel sold on or after
January 1, 2020, is set forth for the user’s
FRQYHQLHQFH

Page 584 (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

319.530. (1) To compensate this state par- motor vehicle in this state unless the person
tially for the use of its highways, an excise tax KROGVDYDOLGXVHU·VOLFHQVH
hereby is imposed at the rate of 30 cents per (2) A nonresident may use fuel in a motor
JDOORQRQWKHXVHRIIXHOLQDPRWRUYHKLFOH vehicle not registered in Oregon for a period
 ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
tions (3) and (4) of this section, 100 cubic feet of
fuel used or sold in a gaseous state, measured
DWSRXQGVSHUVTXDUHLQFKRISUHVVXUHDW
GHJUHHV)DKUHQKHLWLVWD[DEOHDWWKHVDPH
UDWHDVDJDOORQRIOLTXLGIXHO
(3) One hundred twenty cubic feet of com-
pressed natural gas used or sold in a gaseous
VWDWHPHDVXUHGDWSRXQGVSHUVTXDUH
LQFKRISUHVVXUHDWGHJUHHV)DKUHQKHLWLV
taxable at the same rate as a gallon of liquid
IXHO
(4) One and three-tenths liquid gallons of
SURSDQHDWGHJUHHV)DKUHQKHLWLVWD[DEOHDW
not exceeding 30 days without obtaining a
user’s license or the emblem issued under ORS
LIIRUDOOIXHOXVHGLQDPRWRUYHKLFOH
in this state, the nonresident pays to a seller,
at the time of the sale, the tax provided in ORS

(3) A user’s license is not required for a
person who uses fuel in a motor vehicle with
DFRPELQHGZHLJKWRISRXQGVRUOHVV
if, for all fuel used in a motor vehicle in this
state, the person pays to a seller, at the time
RIWKHVDOHWKHWD[SURYLGHGLQ256
(4)(a) A user’s license is not required for
a person who uses fuel as described in ORS
WKHVDPHUDWHDVDJDOORQRIRWKHUOLTXLGIXHO LQWKHYHKLFOHVVSHFLÀHGLQWKLV
319.535 Special use fuel license fee; subsection if the person pays to a seller, at
application; emblem. ,QOLHXRISD\LQJ the time of the sale, the tax provided in ORS
the per-gallon tax on the use of fuel in a motor 
YHKLFOHLPSRVHGXQGHU256DSHUVRQ (b) Paragraph (a) of this subsection applies
may pay to the Department of Transportation WRWKHIROORZLQJYHKLFOHV
annually, for each motor vehicle that consumes  $0RWRUKRPHVDVGHÀQHGLQ256
natural gas or propane, a special use fuel
license fee computed under subsection (2) of  %5HFUHDWLRQDOYHKLFOHVDVGHÀQHGLQ256
WKLVVHFWLRQEDVHGRQWKHIROORZLQJVFKHGXOH 
___________________________________ (5) A user’s license is not required for a
SHUVRQZKRXVHVIXHOLQDPRWRUYHKLFOH
&20%,1(':(,*+7 %$6(
(a) Metered use by which is subject to the
(Pounds) per-mile road usage charge imposed under
    256DQG
    (b) That also uses fuels subject to ORS
 DQGDERYH  WR
___________________________________
(2) The special use fuel license fee equals the
applicable base amount from the schedule in
subsection (1) of this section multiplied by the
XVHIXHOWD[UDWHLPSRVHGXQGHU256
in effect at the time of payment, divided by 12
FHQWV
(3)(a) A person wishing to pay the special
use fuel license fee shall apply to the depart-
ment on a form prescribed by the department
and shall include such information as the
GHSDUWPHQWUHTXLUHV
(b) Upon receipt of a complete and valid
application under this subsection, the depart-
ment shall issue to the applicant without
charge an emblem for display on the motor
YHKLFOHWRZKLFKWKHDSSOLFDWLRQUHODWHV
(c) An emblem issued under this section that
is displayed in a conspicuous place on the motor
vehicle for which the emblem is issued shall be
accepted by a seller of fuel as proof of exemp-
tion from the per-gallon tax imposed under
256>F†@
319.540>5HSHDOHGE\F†@
319.550 User’s license required to use
 $XVHU·VOLFHQVHLVQRWUHTXLUHGIRUD
person who uses fuel in a motor vehicle on
which an emblem issued for the motor vehi-
FOHSXUVXDQWWR256LVGLVSOD\HG
>$PHQGHGE\F†F†
F†F†F†
F†F†F††@
319.560 Application for and issuance of
user’s license. A user of fuel in a motor vehi-
FOHUHTXLUHGWREHOLFHQVHGXQGHU256
shall apply to the Department of Transporta-
tion for a user’s license upon forms prescribed
by the department and shall set forth such
LQIRUPDWLRQDVWKHGHSDUWPHQWPD\UHTXLUH
On receipt of the application, the department
may issue to the applicant a user’s license
without charge authorizing the applicant to
XVHIXHOLQDPRWRUYHKLFOHLQWKLVVWDWH7KH
license is valid only for the person in whose
name it is issued and is valid until canceled
RUUHYRNHG>$PHQGHGE\F†
F†F†@
319.570 Faithful performance bond. (1)
$WWKHWLPHRIÀOLQJWKHDSSOLFDWLRQIRUDXVHU·V
license, the Department of Transportation may
UHTXLUHWKHXVHURIIXHOLQDPRWRUYHKLFOHWRÀOH
with the department, in such form as shall be
fuel; exceptions. ([FHSWDVSURYLGHGLQ prepared by the department, a bond duly exe-
this section, a person may not use fuel in a cuted by the user as principal with a corporate
surety authorized to transact business in this
VWDWH7KHERQGVKDOOEHSD\DEOHWRWKH6WDWH

Page 585 (2015 Edition)

 RELATED LAWS

of Oregon conditioned upon faithful perfor- ZLWKZKLFKIXHOLVXVHG(DFKVXFKHPEOHP

PDQFHRIDOOWKHUHTXLUHPHQWVRI256 shall be issued without charge by the Depart-
WRLQFOXGLQJWKHSD\PHQWRIDOOWD[HV ment of Transportation upon application by a
penalties and other obligations of such user person holding an uncanceled or unrevoked
DULVLQJRXWRI256WRDQG user’s license and shall be displayed only upon

(2) The total amount of the bond or bonds
required of any user of fuel in a motor vehicle
VKDOOEHÀ[HGE\WKHGHSDUWPHQWDQGPD\EH
increased or reduced by the department at any
the motor vehicle with respect to which it is
LVVXHG>$PHQGHGE\F†@
319.610>5HSHDOHGE\F†@
319.611 Penalty for unlicensed use of
fuel or nondisplay of authorization or
time subject to the limitations provided in this
VHFWLRQ7KHWRWDODPRXQWRIWKHERQGRUERQGV
required of any user of fuel in a motor vehi-
cle shall be equivalent to twice the estimated
monthly tax of the user, determined in such
PDQQHUDVWKHGHSDUWPHQWFRQVLGHUVSURSHU
However, the total amount of the bond or bonds
required of any user of fuel in a motor vehicle
VKDOOQHYHUEHOHVVWKDQ$Q\ERQGJLYHQLQ
FRQQHFWLRQZLWK256WRVKDOO
be a continuing instrument and shall cover
DQ\DQGDOOSHULRGVRIWLPHLQFOXGLQJWKHÀUVW
and all subsequent periods for which a license
may be granted in consequence of the giving
RIWKHERQG7KHOLDELOLW\RIWKHVXUHW\RQWKH
bond for the aggregate of all claims which arise
thereunder shall not exceed the amount of the
SHQDOW\RIWKHERQG1RUHFRYHU\RQDQ\ERQGRU
any execution of any new bond shall invalidate
any bond, but the total recoveries under any
one bond shall not exceed the amount of the
ERQG>$PHQGHGE\F†F
†@
319.580 Deposit in lieu of bond. ,QOLHX
RIDQ\ERQGRUERQGVLQWRWDODPRXQWDVÀ[HG
XQGHU256DQ\XVHUPD\GHSRVLWZLWK
the Department of Transportation, under such
terms and conditions as the department may
prescribe, a like amount of lawful money of
the United States or negotiable bonds or other
obligations of the United States, the State of
Oregon, or any county of this state, of an actual
PDUNHWYDOXHQRWOHVVWKDQWKHDPRXQWVRÀ[HG
E\WKHGHSDUWPHQW7KHGHSDUWPHQWVKDOOWXUQ
over to the State Treasurer for safekeeping all
VXFKGHSRVLWVVRUHFHLYHG
319.590 Release of surety. Any surety on
a bond furnished by a user as provided in ORS
VKDOOEHUHOHDVHGDQGGLVFKDUJHGIURP
any and all liability to the state accruing on
WKHERQGDIWHUWKHH[SLUDWLRQRIGD\VIURP
the date upon which the surety has lodged with
the Department of Transportation a written
request to be released and discharged, but this
provision shall not operate to relieve, release or
discharge the surety from any liability already
accrued or which accrues before the expiration
RIWKHGD\SHULRG7KHGHSDUWPHQWVKDOO
promptly, upon receiving the request, notify
the user who furnished the bond, and unless
the user, on or before the expiration of the
GD\SHULRGÀOHVDQHZERQGRUPDNHVD
emblem; waiver. ,IDQ\SHUVRQUHTXLUHG
WREHOLFHQVHGXQGHU256XVHVIXHOLQ
a motor vehicle in this state at a time when
the person does not hold a valid user’s license
or does not display a valid authorization or
user’s emblem issued by the Department of
Transportation, a penalty of 25 percent of
the tax applicable to the fuel so used shall be
LPSRVHG7KHSHQDOW\VRLPSRVHGVKDOOEHLQ
addition to any other penalty imposed under
WKHSURYLVLRQVRI256WR
(2) The department may waive any pen-
alty provided by subsection (1) of this section
that is imposed after January 1, 1998, if the
department determines that there was rea-
sonable cause for the failure to hold a valid
user’s license or display a valid authorization
or user’s emblem issued by the department
DQGÀQGVWKDWWKHUHZDVQRLQWHQWWRDYRLG
SD\PHQW>F†F†
F†F†@
319.620 >$PHQGHG E\  F †
UHSHDOHGE\F†@
319.621 Seller’s license. (1) No person
shall sell fuel for use in a motor vehicle in this
state unless the person holds a valid seller’s
OLFHQVH
(2) A person shall apply to the Department
of Transportation for a seller’s license upon
forms prescribed, prepared and furnished by
WKHGHSDUWPHQW1RFKDUJHVKDOOEHPDGHIRU
WKHOLFHQVH7KHOLFHQVHLVYDOLGRQO\IRUWKH
person in whose name it is issued and is valid
XQWLOFDQFHOHGRUUHYRNHG
(3) The department may require an applicant
IRUDVHOOHU·VOLFHQVHWRÀOHZLWKWKHGHSDUWPHQW
a bond or deposit of not less than $100 under
the same terms and conditions prescribed for
XVHUVLQ256DQG
>)RUPHUO\@
319.628 Grounds for refusal to issue
user’s or seller’s license; hearing; records
inspection. (1) The Department of Transpor-
tation may refuse to issue a user’s license or
a seller’s license to a person who applies as
SURYLGHGLQ256RULIWKH
GHSDUWPHQWÀQGVWKDWWKHSHUVRQ
(a) Was the holder of a license revoked under
256
deposit in accordance with the requirements of  E,VDSSO\LQJIRUDOLFHQVHRQEHKDOIRI
256WKHGHSDUWPHQWIRUWKZLWKVKDOO a real party in interest whose license was
FDQFHOWKHXVHU·VOLFHQVH UHYRNHGXQGHU256
319.600 Display of emblem. ([FHSWDVSUR-  F:DVDQRIÀFHUGLUHFWRURZQHURUPDQDJ-
YLGHGLQ256DXVHURIIXHOLQDPRWRU ing employee of a nonindividual licensee whose
vehicle shall display an emblem in a conspicu- OLFHQVHZDVUHYRNHGXQGHU256
ous place on each motor vehicle in connection

3DJH (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

(d) Owes a debt to the state under ORS person ordering the person to appear before
WR the department at a time not less than 10
(e) Had a license issued by a jurisdiction days after such service and show cause why
other than Oregon to sell or use untaxed use WKHOLFHQVHVKRXOGQRWEHUHYRNHG7KHQRWLFH
fuel that was revoked or canceled for cause, shall be served in the manner prescribed by
whether the license was held by the person as 256
DQLQGLYLGXDORUDVDQRIÀFHUGLUHFWRURZQHU (2) A new license shall not be issued to a
or managing employee or on behalf of a real person whose license has been revoked unless
party in interest; it appears to the satisfaction of the department
 I,QDQ\MXULVGLFWLRQSOHDGHGJXLOW\WRRU
was convicted of a crime directly related to the
sale, use or distribution of use fuel, whether as
DQLQGLYLGXDORUDVDQRIÀFHUGLUHFWRURZQHU
or managing employee of a business engaged
in the sale or distribution of use fuel;
(g) Had a civil judgment imposed for conduct
involving fraud, misrepresentation, conversion
RUGLVKRQHVW\DVDQLQGLYLGXDORUDVDQRIÀ-
cer, director, owner or managing employee of
a business engaged in the sale or distribution
of use fuel;
(h) Misrepresented or concealed a material
fact in obtaining a license or in the reinstate-
ment thereof;
(i) Violated a statute or administrative rule
regarding fuel taxation or distribution;
(j) Failed to cooperate with the department’s
LQYHVWLJDWLRQVE\ continues using fuel within this state in con-
(A) Not furnishing requested documents;
(B) Not furnishing when requested to do so
a full and complete written explanation of a
matter under investigation by the department;
or
(C) Not responding to a subpoena issued by
the department; or
(k) Failed to comply with an order issued by
WKHGHSDUWPHQW
that the person will comply with the provisions
RI256WRDQGWKHUXOHVDQG
UHJXODWLRQVDGRSWHGXQGHU256WR
>$PHQGHGE\F†@
319.640 Cancellation of license on
request of user. ,I DQ\ SHUVRQ WR ZKRP
a license has been issued pursuant to ORS
WRFHDVHVXVLQJIXHOZLWKLQ
this state for a period of six months, the person
shall immediately request in writing that the
Department of Transportation cancel the
OLFHQVH2QUHFHLSWRIWKHUHTXHVWWKHGHSDUW-
PHQWVKDOOFDQFHOWKHOLFHQVH
319.650 Notifying department upon
ceasing to use fuel in connection with
motor vehicle. ,IDQ\SHUVRQFHDVHVXVLQJ
fuel within this state in connection with a
motor vehicle with respect to which an emblem
KDVEHHQLVVXHGSXUVXDQWWR256EXW
nection with another motor vehicle or other
motor vehicles, the person shall immediately
QRWLI\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
319.660 Removal of emblem. Any person
whose license has been revoked or canceled
SXUVXDQW WR 256  RU  RU
ZKR LV UHTXLUHG E\ 256  WR QRWLI\
the Department of Transportation that such
person has ceased using fuel within this state
in connection with a motor vehicle, immedi-
ately shall remove from the motor vehicle on
 ,QDGGLWLRQWRUHIXVDORIDOLFHQVHIRUUHD- which it is displayed and shall destroy or, if
VRQVVSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQ
the department may refuse to issue a user’s
license or seller’s license for any other reason
WKHGHSDUWPHQWGHHPVVXIÀFLHQW
(3) Before refusing to issue a license under
this section, the department shall grant the
applicant a hearing and shall give the appli-
cant at least 10 days’ written notice of the time
DQGSODFHRIWKHKHDULQJ7KHKHDULQJVKDOOEH
a contested case hearing under the provisions
RI256FKDSWHU
(4) For purpose of consideration of an
application for a license, the department may
inspect or investigate the records of this state
or of any other jurisdiction to verify the infor-
mation on the application and to verify the
DSSOLFDQW·VFULPLQDODQGOLFHQVLQJKLVWRU\
>F†@
319.630 Revocation of license; reissue
of license. (1) The Department of Transpor-
tation may revoke the license of a user or seller
if the user or seller fails to comply with any
SURYLVLRQRI256WRRUDQ\
UXOHRUUHJXODWLRQDGRSWHGXQGHU256
WR%HIRUHUHYRNLQJWKHOLFHQVHWKH
department shall serve written notice on the
Page 587
the department so requests, shall return to the
department each emblem issued to such person
XQGHU256RUWKHHPEOHPLVVXHGZLWK
respect to the motor vehicle in connection with
which such person has ceased using fuel within
WKLVVWDWHDVWKHFDVHPD\EH
319.665 Seller to collect tax; exceptions;
deduction for purchase made with card-
lock card. (1) The seller of fuel for use in a
motor vehicle shall collect the tax provided by
256DWWKHWLPHWKHIXHOLVVROGXQOHVV
RQHRIWKHIROORZLQJVLWXDWLRQVDSSOLHV
(a) The vehicle into which the seller deliv-
ers or places the fuel bears a valid permit or
user’s emblem issued by the Department of
7UDQVSRUWDWLRQ
(b) The fuel is dispensed at a nonretail facil-
ity, in which case the seller shall collect any tax
owed at the same time the seller collects the
purchase price from the person to whom the
IXHOZDVGLVSHQVHGDWWKHQRQUHWDLOIDFLOLW\$
seller is not required to collect the tax under
WKLVSDUDJUDSKIURPDSHUVRQZKRFHUWLÀHVWR
the seller that the use of the fuel is exempt
IURPWKHWD[LPSRVHGXQGHU256
(2015 Edition)
 RELATED LAWS

(c) A cardlock card is used for purchase of RSHUDWRURIWKHYHKLFOHUHTXHVWVDQLQYRLFH,I

the fuel at an attended portion of a retail facil-
ity equipped with a cardlock card reader, in
which case the cardlock card issuer licensed
in this state is responsible for collecting and
remitting the tax unless the person making the
SXUFKDVHFHUWLÀHVWRWKHVHOOHUWKDWWKHXVHRI
an invoice is prepared under this subsection,
the name and address of a user is not required
to be shown on the invoice for sales where the
fuel is delivered into the fuel tanks of vehicles
GHVFULEHGLQWKLVVXEVHFWLRQ7KLVVXEVHFWLRQ
DSSOLHVWRYHKLFOHV
the fuel is exempt from the tax imposed under  D7KDWKDYHDFRPELQHGZHLJKWRI
256 pounds or less; and
 ,IDFDUGORFNFDUGLVXVHGIRUSXUFKDVHRI
fuel at an attended portion of a retail facility
equipped with a cardlock card reader, the seller
at the retail facility may deduct fuel purchases
made with a cardlock card from the seller’s
retail transactions if the seller provides the
GHSDUWPHQWZLWKWKHIROORZLQJLQIRUPDWLRQ F†F†F†
(a) A monthly statement from a cardlock
card issuer that details the cardlock card pur-
chases at the retail facility; and
(b) A listing of cardlock card issuers and
gallons of fuel purchased at the retail facility
E\WKHLVVXHUV·FXVWRPHUV
(3) The department shall supply each seller
of fuel for use in a motor vehicle with a chart
which sets forth the tax imposed on given
TXDQWLWLHVRIIXHO>F†F
†F†F†F†
F†F†F†@
319.670>$PHQGHGE\F†UHQXP-
EHUHG@
319.671 When invoices required; con-
tents. (1) The seller of fuel for any purpose
shall make a duplicate invoice for every sale
of fuel for any purpose and shall retain one
FRS\DQGJLYHWKHRWKHUFRS\WRWKHXVHU7KH
Department of Transportation may prescribe
WKHIRUPRIWKHLQYRLFH7KHLQYRLFHVKDOOVKRZ ZLWKHDFKUHSRUWUHTXLUHGE\256DOO
(a) The seller’s name and address;
(b) The date;
(c) The amount of the sale in gallons; and
 E$)RUZKLFKWKHWD[XQGHU256
must be paid at the time of sale under ORS
RU
(B) For which an emblem has been issued
XQGHU256>F†
F†F†F†@
319.675 Seller’s report to department;
rules. ([FHSWDVSURYLGHGLQ256WKH
seller of fuel for use in a motor vehicle shall
report to the Department of Transportation
on or before the 20th day of each month, the
amount of fuel sold, during the preceding cal-
endar month, subject to the tax imposed under
256RUH[HPSWIURPWKHWD[LPSRVHG
XQGHU256SXUVXDQWWR256
and such other information pertaining to fuel
KDQGOHGDVWKHGHSDUWPHQWPD\UHTXLUH7KH
department may prescribe the form of the
UHSRUW7KHVHOOHUVKDOOGHOLYHUWKHUHSRUWWR
the department in the manner provided by the
GHSDUWPHQWE\UXOH>F†F
†F†F†@
319.680>5HSHDOHGE\F†@
319.681 Payment of tax by seller. The
seller of fuel for use in a motor vehicle shall
remit to the Department of Transportation
the tax due on the amount of fuel sold less four
SHUFHQWZKLFKWKHVHOOHUVKDOOUHWDLQ>
F†F†@
319.690 Monthly report of user; remit-
 G7KHQDPHDQGDGGUHVVRIWKHXVHU tance; credit against taxes; annual
reports of certain users; rules. ([FHSW
 ,QDGGLWLRQWRWKHLQYRLFHHQWULHVOLVWHG as provided in subsection (2) of this section and
in subsection (1) of this section, the seller of 256HDFKXVHURIIXHOLQDPRWRUYHKL-
fuel for use in a motor vehicle shall indicate FOHUHTXLUHGWREHOLFHQVHGXQGHU256
on the invoice the amount of the tax collected, shall, on or before the 20th day of each month,
LIDQ\DQG ÀOHZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQD
 D7KHLGHQWLÀFDWLRQSODWHQXPEHULIWKH
YHKLFOHEHDUVDQLGHQWLÀFDWLRQSODWHLVVXHGE\
the department;
(b) The emblem number, if the vehicle bears
a user’s emblem;
(c) The temporary pass number or the receipt
number, if the vehicle bears no valid user’s
HPEOHPRULGHQWLÀFDWLRQSODWHLVVXHGE\WKH
department; or
(d) The license plate number if the vehicle
bears no valid user’s emblem or permit issued
E\WKHGHSDUWPHQW
(3) Notwithstanding subsection (1) of this
section, this section does not require any
invoice to be prepared for any sale where
fuel is delivered into the fuel tank of a vehi-
cle described in this subsection unless the
Page 588
report showing the amount of fuel used during
the immediately preceding calendar month
by the user and such other information as
the department may require for the purposes
RI256WR7KHGHSDUWPHQW
VKDOOSUHVFULEHWKHIRUPRIWKHUHSRUW7KHXVHU
VKDOOÀOHWKHUHSRUWZLWKWKHGHSDUWPHQWLQ
the manner provided by the department by
UXOH(DFKUHSRUWVKDOOEHDFFRPSDQLHGE\D
remittance payable to the department for the
amount of all the tax shown by the report to be
GXHDQGSD\DEOH$Q\WD[SDLGWRDVHOOHULVD
credit against the amount of tax otherwise due
DQGSD\DEOHWRWKHVWDWHXQGHU256
WRRUDQG
 $OVR ZKHQ ÀOLQJ D PRQWKO\ WD[
report, a user may, in lieu of claiming a refund,
take a deduction or credit for the tax on any
(2015 Edition)
 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

fuel which would otherwise be subject to refund per day until the tax and interest have been
XQGHU256 SDLGLQIXOO
 (DFKXVHURIIXHOLQDPRWRUYHKLFOHZLWKD
light weight of less than 8,000 pounds required
WREHOLFHQVHGXQGHU256PD\ÀOHDQ
annual report of all fuel used upon Oregon
KLJKZD\V7KHUHSRUWIRUHDFKFDOHQGDU\HDU
VKDOOEHÀOHGRQRUEHIRUH0DUFKRIWKH\HDU
following and shall be accompanied by a remit-
tance payable to the department of all the tax
shown to be due and payable on the amount of
IXHOXVHG>$PHQGHGE\F†
F†F†F†
F†F†@
319.692 Quarterly reports if average
monthly tax under $300; when annual
reports authorized. (1) Whenever in the
judgment of the Department of Transporta-
 E,IWKHH[FLVHWD[LPSRVHGE\256
is overpaid, the department may credit interest
to the account of the taxpayer in the amount
RISHUFHQWSHUGD\XSWRDPD[LPXP
amount that equals any interest assessed
against the taxpayer under paragraph (a) of
WKLVVXEVHFWLRQLQDQ\JLYHQDXGLWSHULRG
(4) No seller or user who incurs a tax liabil-
LW\DVSURYLGHGLQ256WRVKDOO
knowingly and willfully fail to report and pay
the tax liability to the department as required
E\256WR>F†
F†F†F†
F†F†@
319.697 Records required of sellers
and users; alternative records for cer-
tion the average monthly tax to be paid by a
use fuel seller or user will be less than $300,
the department may authorize the seller or
XVHUWRÀOHTXDUWHUO\WD[UHSRUWVLQOLHXRIWKH
PRQWKO\WD[UHSRUWVUHTXLUHGE\256
DQG7KHTXDUWHUO\UHSRUWVVRDXWKR-
rized, and accompanying remittances as shown
WKHUHRQWREHGXHDQGSD\DEOHVKDOOEHÀOHGRQ
RUEHIRUHWKHGXHGDWHVDVIROORZV)LUVWTXDU-
ter, April 20; second quarter, July 20; third
quarter, October 20; fourth quarter, January
$Q\SURYLVLRQVRI256DQG
RWKHUZLVHDSSOLFDEOHWRWKHÀOLQJRIPRQWKO\
reports and remittances shall be applicable to
WKHTXDUWHUO\ÀOLQJV
tain users. (YHU\XVHURIIXHOLQDPRWRU
vehicle required to be licensed under ORS
VKDOONHHSDUHFRUGRIIXHOXVHGDQG
be prepared to prove that all the tax due and
SD\DEOHRQIXHOXVHGKDVEHHQSDLG$QLQYRLFH
GHVFULEHGLQ256SURSHUO\ÀOOHGRXW
is proof that any tax due which is shown on the
invoice as paid was paid for the fuel covered
E\WKHLQYRLFH7KHXVHU·VUHFRUGRIIXHOXVHG
for any purpose, other than fuel obtained from
a seller who collected the tax, shall indicate
the date the fuel was obtained, the name and
address of the seller from whom the fuel was
obtained, and the amount of fuel obtained, in
JDOORQV
(2) Whenever in the judgment of the depart-
ment the average annual tax to be paid by a
use fuel seller or user will be less than $100,
the department may authorize the seller or
XVHUWRÀOHDQQXDOWD[UHSRUWVLQOLHXRIWKH
PRQWKO\WD[UHSRUWVUHTXLUHGE\256
DQG7KHDQQXDOUHSRUWVDXWKRUL]HG
by this subsection, and accompanying remit-
tances as shown on the reports to be due and
SD\DEOHVKDOOEHÀOHGRQRUEHIRUH-DQXDU\
20 following the year for which the reports
DUHÀOHG$Q\SURYLVLRQVRI256DQG
RWKHUZLVHDSSOLFDEOHWRWKHÀOLQJRI
 ,QOLHXRIPDLQWDLQLQJDQDFWXDOUHFRUGRI
fuel used, a user required to be licensed under
256ZKRRSHUDWHVDPRWRUYHKLFOHZLWK
a light weight of less than 8,000 pounds may
maintain an accurate record of miles operated
XSRQ2UHJRQKLJKZD\V7KHJDOORQVRIWD[DEOH
fuel used shall be computed by applying a rea-
VRQDEOHPLOHVSHUJDOORQÀJXUHWRWKH2UHJRQ
PLOHVRSHUDWHG7KH'HSDUWPHQWRI7UDQVSRU-
tation shall determine whether the miles per
JDOORQÀJXUHLVUHDVRQDEOHDQGLWVGHFLVLRQ
VKDOOEHÀQDO
monthly reports and remittances shall be
DSSOLFDEOHWRWKHDQQXDOÀOLQJV>F
†F†F†@
319.694 Penalty for delinquency in
remitting tax; waiver; interest rates. (1)
 (YHU\VHOOHURIIXHOIRUDQ\SXUSRVHVKDOO
keep a record of fuel sold for any purpose and
shall be prepared to prove that all the tax pro-
YLGHGE\256KDVEHHQUHPLWWHGWRWKH
GHSDUWPHQW7KHGHSDUWPHQWPD\VSHFLI\WKH
IRUPRIWKHVHOOHU·VUHFRUG
([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
section, if any user or seller is delinquent in
UHPLWWLQJWKHWD[SURYLGHGE\256RQ
WKHGDWHVSHFLÀHGLQ256
RUDSHQDOW\RISHUFHQWRI
the amount of the tax due shall be added to the
amount due and the total shall immediately
EHGXHDQGSD\DEOH
 (YHU\VHOOHUDQGHYHU\XVHURIIXHOLQD
motor vehicle required to be licensed under
256VKDOOSUHVHUYHLQWKLVVWDWHIRUD
period of three years all records of fuel used
or fuel sold, together with invoices and any
other relevant records or papers which may
EHVSHFLÀHGE\WKHGHSDUWPHQW
 ,IWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ (5) The department or its authorized
determines that the delinquency was due to agent may examine every user’s or seller’s
reasonable cause and without any intent to records and papers required to be preserved
avoid payment, the penalty provided by sub- by subsection (4) of this section at any time
VHFWLRQRIWKLVVHFWLRQPD\EHZDLYHG GXULQJQRUPDOEXVLQHVVKRXUV>F
††F†F†@
 D ,I WKH H[FLVH WD[ LPSRVHG E\ 256
 LV QRW SDLG DV UHTXLUHG E\ 256 319.700 Tax as lien against motor vehi-
RULQWHUHVW cle. The tax and the penalty imposed upon a
VKDOOEHFKDUJHGDWWKHUDWHRISHUFHQW XVHURIIXHOLQDPRWRUYHKLFOHE\256

Page 589 (2015 Edition)

 RELATED LAWS
WRVKDOOFRQVWLWXWHDOLHQXSRQDQG
shall have the effect of an execution duly levied
against, any motor vehicle in connection with
which the taxable use is made, attaching at the
WLPHRIVXFKXVH7KHOLHQVKDOOQRWEHUHPRYHG
until the tax has been paid or the motor vehicle
subject to the lien has been sold in payment of
VXFKWD[7KHOLHQLVSDUDPRXQWWRDOOSULYDWH
liens or encumbrances of whatever character
upon the motor vehicle and to the rights of any
conditional vendor or any other holder of the
OHJDOWLWOHLQRUWRWKHPRWRUYHKLFOH>$PHQGHG
E\F†@
319.710>5HSHDOHGE\F†@
319.720 Delinquency in payment; notice
to debtors of user or seller; report to
department. ,IDXVHURUVHOOHULVGHOLQTXHQW
in the payment of any obligation imposed under
256WRWKH'HSDUWPHQWRI
Transportation may give notice of the amount
RIVXFKGHOLQTXHQF\E\UHJLVWHUHGRUFHUWLÀHG
mail to all persons having in their possession
or under their control any credits or other per-
sonal property belonging to the user or seller,
or owing any debts to such user or seller, at
WKHWLPHRIWKHUHFHLSWE\WKHPRIWKHQRWLFH
7KHUHDIWHUDQ\SHUVRQVRQRWLÀHGVKDOOQHLWKHU
transfer nor make other disposition of such
credits, personal property or debts until the
department has consented to a transfer or
other disposition or until 30 days have elapsed
IURPDQGDIWHUWKHUHFHLSWRIWKHQRWLFH$OOSHU-
VRQVVRQRWLÀHGVKDOOZLWKLQÀYHGD\VDIWHUWKH
receipt of the notice, advise the department of
all such credits, personal property or debts in
their possession, under their control or owing
E\WKHPDVWKHFDVHPD\EH>$PHQGHGE\
F†@
319.730 Collection of delinquent pay-
ment by seizure and sale of motor vehicle.
(1) Whenever any user is delinquent in the
payment of any obligation imposed under ORS
WRWKH'HSDUWPHQWRI7UDQV-
portation may proceed to collect the amount
due from the user in the manner prescribed in
WKLVVHFWLRQ
the date set for the sale, in a newspaper of
general circulation published in the county in
ZKLFKWKHPRWRUYHKLFOHVHL]HGLVWREHVROG,I
there is no newspaper of general circulation in
the county, the notice shall be posted in three
public places in the county for such period of
GD\V
(4) The notice shall contain a description
of the motor vehicle to be sold, together with
a statement of the amount due under ORS
WRWKHQDPHRIWKHXVHUDQG
the further statement that unless such amount
LVSDLGEHIRUHWKHWLPHÀ[HGLQWKHQRWLFHWKH
motor vehicle will be sold in accordance with
ODZDQGVXFKQRWLFH
(5) The department shall then proceed to
sell the motor vehicle in accordance with the
law and the notice, and shall deliver to the
purchaser a bill of sale which shall vest title
LQWKHSXUFKDVHU,IXSRQDQ\VXFKVDOHWKH
moneys received exceed the amount due to the
VWDWHXQGHU256WRIURPWKH
delinquent user, the excess shall be returned
WRWKHXVHUDQGWKHUHFHLSWREWDLQHGWKHUHIRU,I
any person having an interest in or lien upon
WKHPRWRUYHKLFOHKDVÀOHGZLWKWKHGHSDUW-
ment prior to the sale notice of such interest or
lien, the department shall withhold payment
of any such excess to the user pending a deter-
mination of the rights of the respective parties
WKHUHWRE\DFRXUWRIFRPSHWHQWMXULVGLFWLRQ,I
for any reason the receipt of the user shall not
be available, the department shall deposit the
excess with the State Treasurer as trustee for
the user or for the heirs, successors or assigns
RIWKHXVHU>$PHQGHGE\F†@
319.740 Action by Attorney General to
FROOHFWGHOLQTXHQF\FHUWLÀFDWHRIGHSDUW-
ment as evidence. (1) Whenever any user
or seller is delinquent in the payment of any
REOLJDWLRQXQGHU256WRWKH
Department of Transportation may transmit
notice of the delinquency to the Attorney Gen-
eral who shall at once proceed to collect by
appropriate legal action the tax and penalty
GXH
(2) The department shall seize any motor
vehicle subject to the lien provided for by ORS
DQGWKHUHDIWHUVHOOLWDWSXEOLFDXFWLRQ
to pay such obligation and any and all costs
that may have been incurred on account of the
VHL]XUHDQGVDOH
(3) Notice of the intended sale and the time
and place thereof shall be given to the delin-
quent user and to all persons appearing of
UHFRUGWRKDYHDQLQWHUHVWLQWKHPRWRUYHKLFOH
The notice shall be given in writing at least 10
days before the date set for the sale by enclos-
ing it in an envelope addressed to the user
at the address as it appears in the records of
the department and, in the case of any person
appearing of record to have an interest in the
motor vehicle, addressed to the person at the
last-known residence or place of business, and
depositing the envelope in the United States
PDLOSRVWDJHSUHSDLG,QDGGLWLRQWKHQRWLFH
VKDOOEHSXEOLVKHGDWOHDVWWKUHHWLPHVWKHÀUVW
of which shall be not less than 10 days before
Page 590
 ,QDQ\VXLWEURXJKWWRHQIRUFHWKHULJKWV
RIWKHVWDWHXQGHU256WR
DFHUWLÀFDWHE\WKHGHSDUWPHQWVKRZLQJWKH
delinquency is prima facie evidence of the
amount of the obligation, of the delinquency
thereof and of compliance by the department
ZLWKDOOSURYLVLRQVRI256WR
UHODWLQJWRWKHREOLJDWLRQ>$PHQGHGE\
F†@
319.742 Collection of delinquent obliga-
tion generally; warrant; judgment lien. (1)
,IDSHUVRQIDLOVWRSD\LQIXOODQ\REOLJDWLRQ
GXHXQGHU256WRWKH'HSDUW-
ment of Transportation may issue a warrant
for the amount of the obligation and the cost of
H[HFXWLQJWKHZDUUDQW$FRS\RIWKHZDUUDQW
shall be mailed or delivered to the debtor by the
GHSDUWPHQWDWWKHGHEWRU·VODVWNQRZQDGGUHVV
(2) At any time after issuing a warrant
under this section, the department may
record the warrant in the County Clerk Lien
5HFRUGRIDQ\FRXQW\RIWKLVVWDWH5HFRUGLQJ
(2015 Edition)

027259(+,&/($1'$,5&5$)7)8(/7$;(6
of the warrant has the effect described in
256  $IWHU UHFRUGLQJ D ZDUUDQW
the department may direct the sheriff for the
county in which the warrant is recorded to levy
upon and sell the real and personal property of
the debtor found within that county, and to levy
upon any currency of the debtor found within
that county, for the application of the proceeds
RUFXUUHQF\DJDLQVWWKHDPRXQWUHÁHFWHGLQ
the warrant and the sheriff’s cost of executing
WKHZDUUDQW7KHVKHULIIVKDOOSURFHHGRQWKH
warrant in the same manner prescribed by law
for executions issued against property pursu-
ant to a judgment, and is entitled to the same


department shall assess the tax and penalty
GXHDJDLQVWWKHVHOOHU
(3) The department shall give to the user
RU VHOOHU ZULWWHQ QRWLFH RI WKH DVVHVVPHQW
The notice may be served personally or by
PDLO,IPDGHE\PDLOVHUYLFHVKDOOEHPDGH
by depositing the notice in the United States
mail, postage prepaid, addressed to the user
or seller at the address as it appears in the
UHFRUGVRIWKHGHSDUWPHQW>$PHQGHGE\
F†@
319.770>5HSHDOHGE\F†@
319.780 Assessing tax and penalty upon
fees as provided for executions issued against failure to make report. ,IDQ\XVHURU
SURSHUW\SXUVXDQWWRDMXGJPHQW7KHIHHVRI seller fails to make a report required by ORS
the sheriff shall be added to and collected as WRWKH'HSDUWPHQWRI7UDQV-
DSDUWRIWKHZDUUDQWOLDELOLW\ portation shall make an estimate, based upon
 ,QWKHGLVFUHWLRQRIWKHGHSDUWPHQWD
warrant under this section may be directed
to any agent authorized by the department to
collect obligations under this section, and in
the execution of the warrant the agent has all
of the powers conferred by law upon sheriffs,
but is entitled to no fee or compensation in
any information available to the department,
for the month or months with respect to which
the user or seller failed to make a report, and
assess the tax and penalty due from the user
RUVHOOHUXQGHU256WR
(2) The department shall give to the user
or seller written notice of the assessment in
excess of actual expenses paid in the perfor-
PDQFHRIVXFKGXW\>F†F
†F†@
319.744 Use of collection agency. (1) The
Department of Transportation may engage the
services of a collection agency to collect any
REOLJDWLRQGXHWRWKHVWDWHXQGHU256
WR7KHGHSDUWPHQWPD\HQJDJHWKH
services by entering into agreements to pay
reasonable charges on a contingent fee or other
EDVLV
WKHPDQQHUSUHVFULEHGE\256
>$PHQGHGE\F†@
319.790 Petition for reassessment. (1)
Any user or seller against whom an assess-
PHQWLVPDGHXQGHU256DQG
may petition for a reassessment within 30
GD\VDIWHUVHUYLFHRIQRWLFHRIWKHDVVHVVPHQW
,IDSHWLWLRQLVQRWÀOHGZLWKLQWKHGD\
period, the amount of the assessment becomes
FRQFOXVLYH
(2) The department may assign to the col-
lection agency, for collection purposes only,
any of the obligations due the state under ORS
WR
(3) The collection agency may bring such
actions or take such proceedings, including
attachment and garnishment proceedings, as
PD\EHQHFHVVDU\>F†@
319.746 Uncollectible obligation. (1) Any
obligation due the state assigned to a collection
DJHQF\SXUVXDQWWR256WKDWUHPDLQV
uncollected for two years after the date of the
assignment meets the criteria for uncollect-
LELOLW\IRUPXODWHGSXUVXDQWWR256
 ,IDSHWLWLRQIRUUHDVVHVVPHQWLVÀOHG
within the 30-day period the Department of
Transportation shall reconsider the assess-
ment and, if requested in the petition, shall
grant the user or seller an oral hearing and
give the user or seller 10 days’ notice of the
WLPHDQGSODFHWKHUHRI7KHGHSDUWPHQWPD\
FRQWLQXHWKHKHDULQJIURPWLPHWRWLPH7KH
department shall serve on the petitioner notice
RILWVÀQGLQJXSRQUHDVVHVVPHQW,IWKHÀQG-
ing is that a tax or penalty is delinquent, the
petitioner shall pay to the department, within
30 days after notice is served, all the tax or
SHQDOW\IRXQGWREHGHOLQTXHQW
(3) Notice required by this section shall
be served in the manner prescribed by ORS
 256DSSOLHVWRDQ\REOLJDWLRQ
due the state and described in subsection (1)
RIWKLVVHFWLRQ>F†F†@
319.750>5HSHDOHGE\F†@
 $VVHVVPHQWRIGHÀFLHQF\SUH-
>$PHQGHGE\F†@
319.800>5HSHDOHGE\F†@
319.801 Appeal to circuit court. Any
SHUVRQDJJULHYHGE\DÀQGLQJRUGHURUGHWHU-
mination by the Department of Transportation
sumption that fuel subject to tax. ,IWKH
'HSDUWPHQWRI7UDQVSRUWDWLRQLVQRWVDWLVÀHG
WKDWDUHSRUWÀOHGRUDPRXQWRIWD[RUSHQDOW\
paid to the state by any user or seller is correct,
the department may assess the tax and penalty
due based upon any information available to
WKHGHSDUWPHQW
XQGHU256RUPD\DSSHDO
therefrom to the circuit court of the county in
ZKLFKWKHSHUVRQUHVLGHV6XFKDSSHDOVKDOO
EHWDNHQZLWKLQGD\VIURPWKHGDWHRIWKH
HQWU\RUPDNLQJRIVXFKRUGHUÀQGLQJRUGHWHU-
mination and in the manner provided by law
IRUDSSHDOVLQDFWLRQVDWODZ>F†@
 ,IDVHOOHUIDLOVWRDFFRXQWVDWLVIDFWRULO\ 319.810 Time limitation on service
for any fuel sold or disposed of, it shall be of notice of additional tax. ([FHSW LQ
presumed that the fuel not accounted for was the case of an alleged fraudulent report, or
sold to users for use in motor vehicles and the neglect or refusal to make a report, no notice

Page 591 (2015 Edition)

 RELATED LAWS

of assessment shall be served on the user or
seller after three years have expired since the
DOOHJHGHUURQHRXVUHSRUWZDVÀOHGRUDUHSRUW
VKRXOGKDYHEHHQÀOHG>$PHQGHGE\F
†@
319.820 Refund of tax erroneously or
(B) The State Board of Forestry;
(C) The State Forester; or
(D) A licensee of an agency named in sub-
paragraph (A), (B) or (C) of this paragraph;
(d) By an agency of the United States or of
illegally collected. ,IWKH'HSDUWPHQWRI
Transportation determines any amount of tax
or penalty has been paid more than once or
has been erroneously or illegally collected, the
department shall credit such amount against
any amounts then due from the user or seller
this state or of any county, city or port of this
state on any road, thoroughfare or property,
other than a state highway, county road or city
street;
(e) By any incorporated city or town of this
state;
XQGHU256WRRU
and shall refund any balance to the user or
seller, the successor, administrator or executor
RIWKHXVHURUVHOOHU
(2) A user or seller may claim a credit or
refund for any amount of tax or penalty which
the user or seller has paid more than once or
which the user or seller has paid or which
KDVEHHQFROOHFWHGHUURQHRXVO\RULOOHJDOO\
No such claim for a credit or refund shall
EHDOORZHGXQOHVVWKHFODLPLVÀOHGZLWKWKH
department within three years from the date
of the payment or collection or, with respect to
DQDVVHVVPHQWPDGHXQGHU256DQG
ZLWKLQVL[PRQWKVDIWHUWKHDVVHVV-
ment becomes conclusive, whichever period
H[SLUHVWKHODWHU(YHU\VXFKFODLPPXVWEH
LQZULWLQJDQGPXVWVWDWHWKHVSHFLÀFJURXQGV
(f) By any county of this state or by any road
DVVHVVPHQWGLVWULFWIRUPHGXQGHU256
WR
(g) Upon any county road for the removal of
IRUHVWSURGXFWVDVGHÀQHGLQ256RU
the products of such forest products converted
to a form other than logs at or near the har-
YHVWLQJVLWHLI
(A) Such use upon the county road is pursu-
ant to a written agreement entered into with,
or to a permit issued by, the State Board of
Forestry, the State Forester or an agency of
the United States, authorizing such user to use
such road and requiring such user to pay for or
to perform the construction or maintenance of
the county road;
XSRQZKLFKLWLVIRXQGHG)DLOXUHWRÀOHVXFK
claim within the time prescribed in this section
shall constitute waiver of any and all demands
against this state on account of overpayments
XQGHU256WR:LWKLQGD\V
of allowing or disallowing any such claim in
whole or in part, the department shall serve
QRWLFHRIVXFKDFWLRQRQWKHFODLPDQW7KHVHU-
vice shall be made in the manner prescribed
 %7KHERDUGRIÀFHURUDJHQF\WKDWHQWHUHG
into the agreement or granted the permit,
by contract with the county court or board
of county commissioners, has assumed the
responsibility for the construction or mainte-
nance of such county road; and
(C) Copies of the agreements or permits
required by subparagraphs (A) and (B) of this
SDUDJUDSKDUHÀOHGZLWKWKH'HSDUWPHQWRI
E\256>$PHQGHGE\F
†@
319.830>5HSHDOHGE\F†@
319.831 Refund of tax on fuel used in
operation of vehicle over certain roads or
Transportation;
(h) By a school district or education service
district of this state or the contractors of a
school district or education service district,
for those vehicles being used to transport
private property. ,IDXVHUREWDLQVIXHOIRU students;
use in a motor vehicle in this state and pays  L%\DUXUDOÀUHSURWHFWLRQGLVWULFWRUJD-
the use fuel tax on the fuel obtained, the user nized under the provisions of ORS chapter 478;
may apply for a refund of that part of the use
fuel tax paid which is applicable to use of the  M%\DQ\GLVWULFWDVGHÀQHGLQ256FKDSWHU
IXHOWRSURSHODPRWRUYHKLFOH WKDWLVQRWRWKHUZLVHVSHFLÀFDOO\SURYLGHG
for in this section;
 D,QDQRWKHUVWDWHLIWKHXVHUSD\VWRWKH
other state an additional tax on the same fuel;  N%\DQ\VWDWHDJHQF\DVGHÀQHGLQ256
RU
(b) Upon any road, thoroughfare or property
in private ownership;
(c) Upon any road, thoroughfare or prop-
erty, other than a state highway, county road
or city street, for the removal of forest products,
 /,QPHWHUHGXVHVXEMHFWWRWKHSHUPLOH
URDGXVDJHFKDUJHLPSRVHGXQGHU256
LIWKHXVHUKDVSDLGWKHFKDUJH
(2) An application for a refund under sub-
DVGHÀQHGLQ256RUWKHSURGXFWV
of such forest products converted to a form
other than logs at or near the harvesting site,
or for the construction or maintenance of the
road, thoroughfare or property, pursuant to a
written agreement or permit authorizing the
use, construction or maintenance of the road,
WKRURXJKIDUHRUSURSHUW\ZLWKRUE\ ing the amount of fuel for which a refund is
(A) An agency of the United States;
VHFWLRQRIWKLVVHFWLRQVKDOOEHÀOHGZLWKWKH
department within 15 months after the date
the use fuel tax, for which a refund is claimed,
LVSDLG
(3) The application for a refund provided
by subsection (1) of this section shall include
a signed statement by the applicant indicat-
claimed, and the way in which the fuel was
XVHGZKLFKTXDOLÀHVWKHDSSOLFDQWIRUDUHIXQG

Page 592 (2015 Edition)


027259(+,&/($1'$,5&5$)7)8(/7$;(6
,IWKHIXHOXSRQZKLFKWKHUHIXQGLVFODLPHG
was obtained from a seller to whom the use
fuel tax was paid, the application shall be
supported by the invoices which cover the
SXUFKDVHRIWKHIXHO,IWKHDSSOLFDQWSDLGWKH
use fuel tax directly to the department, the
applicant shall indicate the source of the fuel
DQGWKHGDWHLWZDVREWDLQHG
(4) The department may require any person
who applies for a refund provided by subsection
(1) of this section to furnish a statement, under
oath, giving the person’s occupation, descrip-
tion of the machines or equipment in which
the fuel was used, the place where used and
such other information as the department may
UHTXLUH
(5) The department may provide by rule that
a refund under subsection (1)(L) of this section
be granted as a credit against future per-mile
road usage charges incurred by the applicant


papers in such form as the Department of
7UDQVSRUWDWLRQPD\UHTXLUH
(2) The department may examine during
normal business hours the books, papers,
records and equipment of any person produc-
ing, manufacturing, importing, distributing,
storing, transporting or otherwise handling
fuel and may investigate the character of the
disposition which any such person makes of
fuel in order to determine whether all taxes
GXHXQGHU256WRDUHEHLQJ
SURSHUO\UHSRUWHGDQGSDLG>$PHQGHGE\
F†@
319.870 Results of investigations to be
private. ,WLVXQODZIXOIRUWKH'HSDUWPHQW
of Transportation, or any person having an
DGPLQLVWUDWLYHGXW\XQGHU256WR
 WR GLYXOJH WKH EXVLQHVV DIIDLUV
operations, or information obtained by an
investigation of records and equipment of any
XQGHU256>F††
F†F†F†
F†F†F†
F†F†F†@
319.835 Investigation of refund appli-
cations. The Department of Transportation
may investigate refund applications and gather
and compile such information in regard to
the applications as it considers necessary to
safeguard the state and prevent fraudulent
practices in connection with tax refunds and
WD[HYDVLRQV7KHGHSDUWPHQWPD\LQRUGHU
to establish the validity of any application,
examine the books and records of the applicant
IRUVXFKSXUSRVHV)DLOXUHRIWKHDSSOLFDQWWR
accede to the demand for such examination
constitutes a waiver of all rights to a refund
RQDFFRXQWRIWKHWUDQVDFWLRQTXHVWLRQHG>
user or other person visited or examined in
WKHGLVFKDUJHRIRIÀFLDOGXW\RUWKHDPRXQWRU
VRXUFHRILQFRPHSURÀWVORVVHVH[SHQGLWXUHV
or any particular thereof, set forth or disclosed
in any report, or to permit any report or copy
thereof or any book containing any abstract or
particulars thereof to be seen or examined by
DQ\SHUVRQH[FHSWDVSURYLGHGE\ODZ+RZHYHU
the department may authorize examination of
such reports by, and the giving of information
WKHUHLQFRQWDLQHGWRRWKHUVWDWHRIÀFHUVRUWD[
RIÀFHUVRIDQRWKHUVWDWHRUWKHIHGHUDOJRYHUQ-
PHQWLIDUHFLSURFDODUUDQJHPHQWH[LVWV
319.875 Prohibitions. (1) No person shall
intentionally make a false statement in any
report, petition or application required or per-
PLWWHGE\256WR
(2) No person shall intentionally collect, or
F†@
319.840 Enforcement; rules and regu-
lations. The Department of Transportation
hereby is charged with the enforcement of
WKHSURYLVLRQVRI256WRDQG
attempt to collect or receive a refund of a tax
or penalty paid to the Department of Transpor-
WDWLRQXQGHU256WRWRZKLFK
WKHSHUVRQLVQRWHQWLWOHG
(3) No person shall intentionally aid or assist
DQGKHUHE\LVDXWKRUL]HGWRSUH-
scribe, adopt and enforce rules and regulations
relating to the administration and enforcement
WKHUHRI
319.850 Presumption of use; rules. For
the purposes of the proper administration of
another person to violate any provision of ORS
WR>F††@
319.880 Disposition of moneys. All money
received by the Department of Transportation
SXUVXDQWWR256WRVKDOOEH
turned over promptly to the State Treasurer
256WRDQGDQG
to prevent evasion of the tax imposed by ORS
LWVKDOOEHSUHVXPHGXQWLOWKHFRQ-
trary is established under such reasonable
rules as the Department of Transportation may
adopt, that all fuel received into or delivered
into any receptacle on a motor vehicle from
which receptacle fuel is supplied to propel such
motor vehicle is consumed in propelling such
and shall be disposed of as provided in ORS
>$PHQGHGE\F†
F†F†F†@
PER-MILE ROAD USAGE CHARGE
 'HÀQLWLRQVIRU256WR
319.945. $VXVHGLQ256WR
PRWRUYHKLFOHRQWKHKLJKZD\VRIWKLVVWDWH  ´+LJKZD\µKDVWKHPHDQLQJJLYHQWKDW
>$PHQGHGE\F†@ WHUPLQ256
319.860 Producers, distributors and  ´/HVVHHµPHDQVDSHUVRQWKDWOHDVHVD
others to keep records; examining books motor vehicle that is required to be registered
and records. (YHU\SHUVRQSURGXFLQJ LQ2UHJRQ
manufacturing, importing, distributing,
storing, transporting or otherwise handling  D´0RWRUYHKLFOHµKDVWKHPHDQLQJJLYHQ
fuel shall maintain and keep in this state WKDWWHUPLQ256
for a period of not less than three years such
records, receipts, invoices and other pertinent

Page 593 (2015 Edition)

 RELATED LAWS

 E´0RWRUYHKLFOHµGRHVQRWPHDQDPRWRU returning any emblem issued under ORS

vehicle designed to travel with fewer than four WRWKHGHSDUWPHQWDQGSD\LQJDQ\
ZKHHOVLQFRQWDFWZLWKWKHJURXQG outstanding amount of road usage charge for
 ´5HJLVWHUHGRZQHUµPHDQVDSHUVRQ PHWHUHGXVHE\WKHSHUVRQ·VVXEMHFWYHKLFOH
other than a vehicle dealer that holds a cer- >F†F†@
WLÀFDWHLVVXHGXQGHU256WKDWLV Note6HHQRWHXQGHU
UHTXLUHGWRUHJLVWHUDPRWRUYHKLFOHLQ2UHJRQ 319.895 Deposit and distribution of
 ´6XEMHFWYHKLFOHµPHDQVDPRWRUYHKLFOH
that is the subject of an application approved
SXUVXDQWWR256>F†@
NoteWRZHUHDGGHGWRDQG
made a part of ORS chapter 319 by legislative
action but were not added to any smaller series
WKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDW-
XWHVIRUIXUWKHUH[SODQDWLRQ
319.885 Per-mile road usage charge. (1)
road usage charge moneys. Moneys col-
lected from the road usage charges imposed
XQGHU256VKDOOEHGHSRVLWHGLQWKH
State Highway Fund and allocated for distri-
EXWLRQDVIROORZV
(1) 50 percent to the Department of
7UDQVSRUWDWLRQ
(2) 30 percent to counties for distribution as
SURYLGHGLQ256
D([FHSWDVSURYLGHGLQSDUDJUDSKERIWKLV
subsection, the registered owner of a subject
vehicle shall pay a per-mile road usage charge
for metered use by the subject vehicle of the
KLJKZD\VLQ2UHJRQ
(b) During the term of a lease, the lessee of
a subject vehicle shall pay the per-mile road
usage charge for metered use by the subject
YHKLFOHRIWKHKLJKZD\VLQ2UHJRQ
(3) 20 percent to cities for distribution as
SURYLGHGLQ256>F†@
Note6HHQRWHXQGHU
319.900 Department of Transporta-
tion to establish methods for recording
and reporting mileage. (1) As used in this
VHFWLRQ´RSHQV\VWHPµPHDQVDQLQWHJUDWHG
system based on common standards and an
operating system that has been made public
 7KHSHUPLOHURDGXVDJHFKDUJHLV
FHQWVSHUPLOH>F†@
Note6HHQRWHXQGHU
319.890 Application for road usage
charge program. (1) A person wishing to pay
the per-mile road usage charge imposed under
256PXVWDSSO\WRWKH'HSDUWPHQW
of Transportation on a form prescribed by the
GHSDUWPHQW
(2) The department shall approve a valid
and complete application submitted under this
VHFWLRQLI
(a) The applicant is the registered owner or
lessee of a motor vehicle;
(b) The motor vehicle is equipped with a
PHWKRGVHOHFWHGSXUVXDQWWR256IRU
collecting and reporting the metered use by
so that components performing the same func-
tion can be readily substituted or provided by
PXOWLSOHSURYLGHUV
(2)(a) The Department of Transportation,
in consultation with the Road User Fee Task
Force, shall establish the methods for record-
ing and reporting the number of miles that
VXEMHFWYHKLFOHVWUDYHORQKLJKZD\V
(b) When taking action under this subsec-
WLRQWKHGHSDUWPHQWVKDOOFRQVLGHU
(A) The accuracy of the data collected;
(B) Privacy options for persons liable for the
per-mile road usage charge;
(C) The security of the technology;
(D) The resistance of the technology to
tampering;
the motor vehicle of the highways in Oregon;
(c) The motor vehicle has a gross vehicle
weight rating of 10,000 pounds or less; and
(d) Approval does not cause the number of
subject vehicles active in the road usage charge
program on the date of approval to exceed
5,000, of which no more than 1,500 may have
a rating of less than 17 miles per gallon and no
more than 1,500 may have a rating of at least
17 miles per gallon and less than 22 miles per
gallon, such ratings to be determined pursuant
 (7KHDELOLW\WRDXGLWFRPSOLDQFHDQG
(F) Other relevant factors that the depart-
PHQWGHHPVLPSRUWDQW
(c) The department shall establish at least
one method of collecting and reporting the
number of miles traveled by a subject vehicle
WKDWGRHVQRWXVHYHKLFOHORFDWLRQWHFKQRORJ\
(d)(A) The department shall adopt standards
for open system technology used in methods
HVWDEOLVKHGXQGHUWKLVVXEVHFWLRQ
WRDPHWKRGHVWDEOLVKHGE\WKHGHSDUWPHQW
(3) Approval of an application under this
section subjects the applicant to the require-
PHQWVRI256XQWLOWKHSHUVRQHQGV
the person’s voluntary participation in the road
usage charge program in the manner required
 %,QDGRSWLQJVWDQGDUGVSXUVXDQWWRWKLV
paragraph, the department shall collaborate
with agencies of the executive department as
GHÀQHGLQ256WRLQWHJUDWHLQIRUPD-
tion systems currently in use or planned for
IXWXUHXVH
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ (3) The department shall provide the per-
(4) A person may end the person’s voluntary sons liable for the per-mile road usage charge
participation in the road usage charge program the opportunity to select a method from among
at any time by notifying the department, multiple options for collecting and reporting

Page 594 (2015 Edition)

 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

the metered use by a subject vehicle of the YHKLFOHLGHQWLÀFDWLRQQXPEHUVRIVXEMHFWYHKL-

KLJKZD\VLQ2UHJRQ>F†@ cles and associated total metered use during
Note6HHQRWHXQGHU WKHPRQWK7KHUHSRUWPD\QRWLQFOXGHORFDWLRQ
LQIRUPDWLRQ
319.905 Department of Transportation
to adopt rules for collecting road usage  ([FHSWDVSURYLGHGLQVXEVHFWLRQV
charge. The Department of Transportation
shall provide by rule for the collection of
the road usage charges imposed under ORS
 LQFOXGLQJ SHQDOWLHV DQG LQWHUHVW
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DQGRIWKLVVHFWLRQSHUVRQDOO\LGHQWLÀDEOH
information used for reporting metered use
or for administrative services related to the
collection of the per-mile road usage charge
LPSRVHGXQGHU256LVFRQÀGHQWLDO
ZLWKLQWKHPHDQLQJRI256DDQG
Note6HHQRWHXQGHU is a public record exempt from disclosure under
319.910 Department of Transportation 256WR
to establish reporting periods for road
usage charge. (1) The Department of Trans-
portation shall establish by rule reporting
periods for the road usage charges imposed
XQGHU256
(2) Reporting periods established under this
section may vary according to the facts and cir-
cumstances applicable to classes of registered
RZQHUVOHVVHHVDQGVXEMHFWYHKLFOHV
 D7KHGHSDUWPHQWDFHUWLÀHGVHUYLFH
SURYLGHURUDFRQWUDFWRUIRUDFHUWLÀHGVHU-
vice provider may not disclose personally
LGHQWLÀDEOHLQIRUPDWLRQXVHGRUGHYHORSHGIRU
reporting metered use by a subject vehicle or
for administrative services related to the col-
lection of per-mile road usage charges to any
SHUVRQH[FHSW
(A) The registered owner or lessee;
 ,QHVWDEOLVKLQJUHSRUWLQJSHULRGVWKH  %$ÀQDQFLDOLQVWLWXWLRQIRUWKHSXUSRVH
GHSDUWPHQWVKDOOFRQVLGHU of collecting per-mile road usage charges owed;
(a) The effort required by registered owners  &(PSOR\HHVRIWKHGHSDUWPHQW
or lessees to report metered use and to pay the
per-mile road usage charge;  '$FHUWLÀHGVHUYLFHSURYLGHU
(b) The amount of the per-mile road usage
charge owed;
(c) The cost to the registered owner or lessee
of reporting metered use and of paying the per-
mile road usage charge;
(d) The administrative cost to the depart-
ment; and
 ($FRQWUDFWRUIRUDFHUWLÀHGVHUYLFHSUR-
vider, but only to the extent the contractor
provides services directly related to the cer-
WLÀHGVHUYLFHSURYLGHU·VDJUHHPHQWZLWKWKH
department;
(F) An entity expressly approved to receive
the information by the registered owner or
lessee of the subject vehicle; or
(e) Other relevant factors that the depart-
PHQWGHHPVLPSRUWDQW>F†@
Note6HHQRWHXQGHU
 &RQÀGHQWLDOLW\RISHUVRQDOO\
LGHQWLÀDEOHLQIRUPDWLRQXVHGIRUUHSRUW-
ing and collecting road usage charge;
exceptions; records to be destroyed;
exceptions; Department of Transporta-
tion to provide for penalties. (1) As used
LQWKLVVHFWLRQ LHQW·VIXQFWLRQXQGHU256WR
 *$SROLFHRIÀFHUSXUVXDQWWRDYDOLGFRXUW
order based on probable cause and issued at
the request of a federal, state or local law
enforcement agency in an authorized criminal
investigation involving a person to whom the
UHTXHVWHGLQIRUPDWLRQSHUWDLQV
(b) Disclosure under paragraph (a) of this
VXEVHFWLRQLVOLPLWHGWRSHUVRQDOO\LGHQWLÀDEOH
information necessary to the respective recip-
 D´&HUWLÀHGVHUYLFHSURYLGHUµPHDQVDQ
entity that has entered into an agreement with
the Department of Transportation under ORS
IRUUHSRUWLQJPHWHUHGXVHE\DVXEMHFW
vehicle or for administrative services related
to the collection of per-mile road usage charges
DQGDXWKRUL]HGHPSOR\HHVRIWKHHQWLW\
(4)(a) Not later than 30 days after comple-
tion of payment processing, dispute resolution
for a single reporting period or a noncompli-
ance investigation, whichever is latest, the
GHSDUWPHQWDQGFHUWLÀHGVHUYLFHSURYLGHUV
shall destroy records of the location and daily
PHWHUHGXVHRIVXEMHFWYHKLFOHV
 E´3HUVRQDOO\LGHQWLÀDEOHLQIRUPDWLRQµ (b) Notwithstanding paragraph (a) of this
PHDQV DQ\ LQIRUPDWLRQ WKDW LGHQWLÀHV RU VXEVHFWLRQ
describes a person, including, but not limited
to, the person’s travel pattern data, per-mile
road usage charge account number, address,
telephone number, electronic mail address,
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registration plate number, photograph,
 $)RUSXUSRVHVRIWUDIÀFPDQDJHPHQW
DQGUHVHDUFKWKHGHSDUWPHQWDQGFHUWLÀHG
service providers may retain, aggregate and
use information in the records after removing
SHUVRQDOO\LGHQWLÀDEOHLQIRUPDWLRQ
recorded images, bank account information  %$FHUWLÀHGVHUYLFHSURYLGHUPD\UHWDLQ
DQGFUHGLWFDUGQXPEHU the records if the registered owner or lessee
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 F´9,1VXPPDU\UHSRUWµPHDQVDPRQWKO\ subparagraph does not entitle the department
UHSRUWE\WKHGHSDUWPHQWRUDFHUWLÀHGVHU- to obtain or use the records or the information
vice provider that includes a summary of all FRQWDLQHGLQWKHUHFRUGV

Page 595 (2015 Edition)

 RELATED LAWS
(C) Monthly summaries of metered use by
VXEMHFWYHKLFOHVPD\EHUHWDLQHGLQ9,1VXP-
PDU\UHSRUWVE\WKHGHSDUWPHQWDQGFHUWLÀHG
VHUYLFHSURYLGHUV
(5) The department, in any agreement with
DFHUWLÀHGVHUYLFHSURYLGHUVKDOOSURYLGHIRU
SHQDOWLHVLIWKHFHUWLÀHGVHUYLFHSURYLGHUYLR-
ODWHVWKLVVHFWLRQ>F†@
Note6HHQRWHXQGHU
319.920 Reporting requirement. (1)
XQGHU256DQGJDWKHUDQGFRPSLOH
such information related to the application
as the department considers necessary to
safeguard the state and prevent fraudulent
practices in connection with tax refunds and
WD[HYDVLRQ
(2) The department may, in order to estab-
lish the validity of an application, examine
the relevant records of the applicant for such
SXUSRVHV
On a date determined by the Department of
7UDQVSRUWDWLRQXQGHU256WKHUHJLV-
tered owner or lessee of a subject vehicle shall
report the metered use by the subject vehicle
and pay to the department the per-mile road
XVDJHFKDUJHGXHXQGHU256IRUWKH
UHSRUWLQJSHULRG
(2) Unless a registered owner or lessee pres-
ents evidence in a manner approved by the
department by rule that the subject vehicle has
been driven outside this state, the department
shall assume that all metered use reported
represents miles driven by the subject vehicle
RQWKHKLJKZD\VLQ2UHJRQ>F†
F†@
Note6HHQRWHXQGHU
319.925 Refunds for overpayment;
grant of refund as credit. (1) The Depart-
ment of Transportation shall provide a refund
to a registered owner or lessee that has over-
paid the per-mile road usage charge imposed
XQGHU256
(2) The department may provide by rule that
the refund under this section be granted as
a credit against future per-mile road usage
charges incurred by the registered owner or
OHVVHH>F†@
Note6HHQRWHXQGHU
319.930 Refund applications. (1) A regis-
tered owner or lessee that has paid the per-mile
  ,I DQ DSSOLFDQW GRHV QRW SHUPLW WKH
department to examine the relevant records,
the applicant waives all rights to the refund to
ZKLFKWKHDSSOLFDWLRQUHODWHV>F†@
Note6HHQRWHXQGHU
319.940 Violations. (1) A person may not
intentionally make a false statement in a
report or refund application or when supplying
RWKHULQIRUPDWLRQUHTXLUHGXQGHU256
RU
(2) A person may not intentionally apply for,
receive or attempt to receive a refund under
256RUWRZKLFKWKHSHUVRQ
LVQRWHQWLWOHG
(3) A person may not intentionally aid or
assist another person to violate any provision
RI256RU
(4) A person who violates any provision of
WKLVVHFWLRQFRPPLWVD&ODVV$YLRODWLRQ>
F†@
Note6HHQRWHXQGHU
319.945 Authority to issue emblems; dis-
play. (1) The Department of Transportation
may issue an emblem to the registered owner
of a subject vehicle to show that the use of fuel
in the subject vehicle is exempt from taxation
XQGHU256WR
(2) An emblem issued under this section
VKDOOEHGLVSOD\HG
URDGXVDJHFKDUJHLPSRVHGXQGHU256
may apply to the Department of Transportation
for a refund for metered use of a road, thor-
RXJKIDUHRUSURSHUW\LQSULYDWHRZQHUVKLS
(2) An application for a refund under this
section must be submitted to the department
within 15 months after the date on which the
per-mile road usage charge for which a refund
LVFODLPHGLVSDLG
(3) The application required under this
section shall be in a form prescribed by
the department by rule and must include a
signed statement by the applicant indicating
the number of miles for which the refund is
FODLPHG
(4) The department may require the appli-
cant for a refund under this section to furnish
any information the department considers nec-
HVVDU\IRUSURFHVVLQJWKHDSSOLFDWLRQ>
F†@
Note6HHQRWHXQGHU
319.935 Investigation of refund applica-
tions. (1) The Department of Transportation
may investigate a refund application submitted
3DJH
 D,QDFRQVSLFXRXVSODFHRQWKHVXEMHFW
vehicle; and
(b) Only upon the subject vehicle with
UHVSHFWWRZKLFKLWLVLVVXHG>F†
F†@
Note6HHQRWHXQGHU
319.947 Multijurisdictional agreements.
The Department of Transportation may enter
into agreements with other state departments
of transportation, the federal government and
&DQDGLDQSURYLQFHVIRUWKHSXUSRVHVRI
(1) Conducting joint research relating to
road usage charges and development programs
on a multistate basis;
(2) Furthering the development and oper-
ation of single state or multistate road usage
charge pilot programs;
(3) Sharing costs incurred in conducting
the research described in subsection (1) of this
section; and
(4) Developing a program for stakeholder
outreach and communications with respect to
URDGXVDJHFKDUJHV>F†@
(2015 Edition)
 
027259(+,&/($1'$,5&5$)7)8(/7$;(6 

Note  ZDV HQDFWHG LQWR ODZ E\ PENALTIES

the Legislative Assembly but was not added
to or made a part of ORS chapter 319 or any 319.3HQDOWLHV$Q\SHUVRQZKRYLR-
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- ODWHVDQ\RIWKHSURYLVLRQVRI256
ace to Oregon Revised Statutes for further WR  RU DQ\ SHUVRQ ZKR PDNHV DQ\
H[SODQDWLRQ false statement in any statement required by
256WRIRUWKHUHIXQGRIDQ\
PRQH\RUWD[DVSURYLGHGLQ256WR
LOCAL FUEL TAXES RUZKRFROOHFWVRUFDXVHVWREHUHSDLG
to the person or any person any tax, without
319.950 Local tax on fuel for motor vehi- being entitled to it under the provisions of
cles. A city, county or other local government 256WRFRPPLWVD&ODVV%
may enact or amend any charter provision, PLVGHPHDQRU
ordinance, resolution or other provision taxing
fuel for motor vehicles after submitting the  9LRODWLRQRI256RU
proposed tax to the electors of the local gov- (4) is theft of public money and, upon convic-
HUQPHQWIRUWKHLUDSSURYDO>F†@ WLRQLVSXQLVKDEOHDVSURYLGHGLQ256
WR
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added  9LRODWLRQRIDQ\SURYLVLRQRI256
to or made a part of ORS chapter 319 or any DQGLVD&ODVV%PLVGHPHDQRU
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- (4) Violation of any provision of ORS
ace to Oregon Revised Statutes for further WRLVD&ODVV$PLVGHPHDQRU
H[SODQDWLRQ >$PHQGHGE\F†F†
F†F†F
†F†F†@

_______________

Page 597 (2015 Edition)

RELATED LAWS

Page 598 (2015 Edition)

 ,1',*(173(56216,1-85(',19(+,&/($&&,'(176

Chapter 445

(',7,21
INDIGENT PERSONS INJURED IN VEHICLE ACCIDENTS

PUBLIC HEALTH AND SAFETY 445.130 Effect of liability of third person or

commencement of legal action on set-
 'HÀQLWLRQV tlement of claim
445.020 Determination of indigency 445.140 Audit and determination of validity of
445.030 Motor Vehicle Accident Fund; source; claims
uses 445.150 Order allowing or rejecting claim;
445.050 Jurisdiction; rules notice
 /LPLWDWLRQRQEHQHÀWVIRUFDUH 445.155 Judicial review
supplied 445.180 Reassignment of rights to claimant
 $GGLWLRQDOEHQHÀWVSHUPLWWHGZLWKLQ RQQRWLFHRIÀQGLQJSHUVRQOLDEOHIRU
limits care
 )LOLQJRIFODLPVWLPHIRUÀOLQJ 445.185 When deduction may be made from
payments on claim
445.110 Hospital claims; form and contents
445.120 Filing of claims generally; combining
claims

Related Laws Page 599 (2015 Edition)

 RELATED LAWS

Related Laws 3DJH (2015 Edition)

 
,1',*(173(56216,1-85(',19(+,&/($&&,'(176 

 'HÀQLWLRQVAs used in this chap- accidentally caused in, by, or as the proximate
WHUXQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH result of, the movement of a motor vehicle on a
 ´$PEXODQFHRSHUDWRUµPHDQVDQ\SHUVRQ public way, street or highway within this state,
RSHUDWLQJDQDPEXODQFHIRUKLUH whether the injured person is the operator of
the vehicle, a passenger in the same or another
 ´$XWKRULW\µPHDQVWKH2UHJRQ+HDOWK vehicle, a pedestrian or whatever the relation-
$XWKRULW\ ship of the injured person to the movement of
 ´&DUHµPHDQV the vehicle, and whether or not the vehicle is
under the control of a human being at the time
 D7UHDWPHQWLQDQGE\DKRVSLWDO RIWKHLQMXU\
 E3URIHVVLRQDOVHUYLFHVRIDGRFWRU  ´1XUVHµPHDQVDSHUVRQUHJLVWHUHGRU
 F3URIHVVLRQDOVHUYLFHVRIDQXUVH licensed to practice nursing by the Oregon
6WDWH%RDUGRI1XUVLQJ
(d) Medicines, substances, articles, appli-
ances or physical therapy supplied on the
prescription or order of the doctor in charge
RIWKHFDVH
(e) Transportation and services by an ambu-
ODQFHRSHUDWRU
(f) Supplying prosthetic appliances and
VHUYLFHV
(g) Any combination of any two or more of
 ´3KDUPDF\µPHDQVDSODFHRIEXVLQHVV
licensed by the State Board of Pharmacy,
where drugs, medicines, prescriptions, chem-
icals or poisons are compounded, dispensed or
VROGDWUHWDLO
(11) “Supplier of prosthetic appliances and
VHUYLFHVµPHDQVDSODFHRIEXVLQHVVRUSHUVRQ
licensed to manufacture or supply prosthetic
DSSOLDQFHVDQGVHUYLFHV
WKHVHUYLFHVOLVWHGLQWKLVVXEVHFWLRQ  ´/LFHQVHGSK\VLFDOWKHUDSLVWµPHDQVD
(h) Professional services of a licensed phys- physical therapist within the State of Oregon
LFDOWKHUDSLVW licensed by the Physical Therapist Licensing
%RDUG>$PHQGHGE\F†F
 ´&ODLPDQWµPHDQVDKRVSLWDOGRFWRU
nurse, pharmacy, ambulance operator, sup-
plier of prosthetic appliances and services or
licensed physical therapist, who supplies care
WRDQLQGLJHQWSDWLHQWDQGZKRÀOHVDFODLP
IRUFKDUJHVWKHUHIRUSXUVXDQWWRWKLVFKDSWHU
,QUHVSHFWRIDKRVSLWDOLWLQFOXGHVWKHRSHU-
DWRURUPDQDJLQJRIÀFHUWKHUHRI´&ODLPDQWµ
also means an indigent patient, or a personal
representative of the patient after the death
of the patient, but claims allowed shall be
paid directly to those who supply care to the
indigent patient; and an indigent claimant,
or personal representative of the patient, has
QRULJKWRIDSSHDOXQGHU256
†F†F†F
†F†F†F
†F†@
445.020 Determination of indigency. (1)
A person injured by the movement of a motor
vehicle is deemed unable to pay the charges
for care if it appears that, upon due and dil-
igent search and inquiry, the person, or any
other person chargeable by law with the care
or support of the person, cannot be found for
service of summons, or that, should an action
be brought and judgment secured against the
person, or against any other person charge-
able by law with the care or support of the
5HSODFHPHQW3DUW person, for the amount of the charges, execu-
WLRQWKHUHRQZRXOGEHXQDYDLOLQJ
 ´'RFWRUµPHDQVDSHUVRQOLFHQVHGE\WKH
appropriate board of this state to practice one  ,QGLJHQF\RIDSDWLHQWVKDOOEHGHWHU-
RUPRUHRIWKHKHDOLQJDUWV mined as of the date on which the patient
EHFRPHVXQDEOHWRSD\WKHFRVWRIWKHFDUH
 ´+RVSLWDOµLQFOXGHVQXUVLQJKRPHVDQG
means any institution that has a provider
agreement with the authority and which
admits and cares for patients suffering from
motor vehicle injuries and applies for the ben-
HÀWVRIWKLVFKDSWHULQWKHPDQQHUSURYLGHGLQ
256
445.030 Motor Vehicle Accident Fund;
source; uses. (1) There is created a fund to be
known as the Motor Vehicle Accident Fund, to
be held and deposited by the State Treasurer
in such banks as are authorized to receive
GHSRVLWVRIWKH*HQHUDO)XQG
 ´,QGLJHQWSDWLHQWµPHDQVDSHUVRQZKR (2) All moneys received by the Oregon
has suffered a motor vehicle injury and who is Health Authority under this chapter shall
unable to pay the cost of the care supplied on forthwith be paid to the State Treasurer, and
account of such injury and, except in the case VKDOOEHFRPHDSDUWRIWKHIXQG
RIDFODLPÀOHGDIWHUDFODLPDULVLQJRXWRIWKH  7KHIROORZLQJVKDOOEHSDLGIURPWKHIXQG
same motor vehicle injury has been allowed by
WKHDXWKRULW\RUÀQDOO\DGMXGJHGDIÀUPDWLYHO\
by a court on appeal, whose account therefor
remains unpaid at the expiration of 90 days
after the termination of the care and who is
QRWHQWLWOHGWRWKHEHQHÀWVRIWKH:RUNHUV·&RP-
pensation Law of this state or any other state
RUFRXQWU\RQDFFRXQWRIVXFKLQMXU\
 D$OOFODLPVDQGEHQHÀWVDOORZHGE\WKH
DXWKRULW\RUÀQDOO\DGMXGJHGDIÀUPDWLYHO\E\
a court on appeal in the amounts allowed or
adjudged and within the limitations of ORS
DQG
(b) All expenses of litigation incurred by the
DXWKRULW\RQDQ\DSSHDO
 ´0RWRUYHKLFOHLQMXU\µPHDQVDQ\SHU- (c) All court costs and disbursements
sonal injury suffered by a human being, and DVVHVVHGDJDLQVWWKHDXWKRULW\

Related Laws 3DJH (2015 Edition)

 RELATED LAWS

(d) All salaries, clerk hire, advances and RI256DUHQRWVXIÀFLHQWWRSURYLGH

reimbursement of travel costs and expenses necessary and adequate care of an indigent
incurred by the authority in the administration patient and that the condition of the indigent
RIWKLVFKDSWHU patient warrants such action, the authority, in
 H([SHQVHVLQFXUUHGE\WKHDXWKRULW\LQWKH
DGPLQLVWUDWLRQRIWKH(PHUJHQF\0HGLFDO6HU-
vices and Trauma Systems Program created
SXUVXDQWWR256$7KHWRWDODPRXQW
of all payments from the fund for purposes of
this paragraph shall be equal to $891,450 each
ELHQQLXP
(4) Liability for payment of claims or
judgments thereon, or both, and expenses
authorized by this chapter shall be limited to
the fund and all additions thereto made under
WKLVFKDSWHU>$PHQGHGE\F†
F†F†F†
F†F†F†@
445.040>5HSHDOHGE\F†@
445.050 Jurisdiction; rules. The Oregon
+HDOWK$XWKRULW\PD\ (3) For additional care supplied by a nurse
(1) Hear and determine all questions within
LWVMXULVGLFWLRQ
(2) Promulgate and enforce all rules and
regulations as may be proper in the admin-
LVWUDWLRQ DQG HQIRUFHPHQW RI WKLV FKDSWHU
its sole discretion, the exercise of which shall
be conclusive and not in any wise subject to
review, may authorize the supplying of addi-
tional care to the indigent patient of the same
type as the types of initial care authorized by
this chapter and may pay for the same from
WKH0RWRU9HKLFOH$FFLGHQW)XQG1RFODLPIRU
additional care shall be enforceable under this
FKDSWHUXQOHVVWKHDXWKRULW\ÀUVWDSSURYHVDQG
authorizes in writing the supplying of such
DGGLWLRQDOFDUH1RVLQJOHDXWKRUL]DWLRQVKDOO
EHIRUPRUHWKDQ
(1) For additional care supplied by a hospital
RUKRVSLWDOV
(2) For additional care supplied by a doctor
RUGRFWRUV
RUQXUVHV
(4) For additional care supplied by a phar-
PDF\RUSKDUPDFLHV
(5) For additional care supplied by an ambu-
ODQFHRSHUDWRURUDPEXODQFHRSHUDWRUV
>$PHQGHGE\F†F†@
 /LPLWDWLRQRQEHQHÀWVIRUFDUH
supplied. ([FHSWDVSURYLGHGLQ256
WKHSD\PHQWRIEHQHÀWVDXWKRUL]HGE\WKLV
chapter is limited to care supplied within one
year from the date of the motor vehicle injury
and is further limited so that for care supplied
to any one indigent patient by reason of any
RQHPRWRUYHKLFOHLQMXU\ E\F†@
(1) No hospital or hospitals shall receive
 )RUDGGLWLRQDOFDUHVXSSOLHGE\DVXS-
plier or suppliers of prosthetic appliances and
VHUYLFHV
(7) For additional care supplied by a licensed
physical therapist or licensed physical thera-
SLVWV>$PHQGHGE\F†
F†F†F†@
445.080>$PHQGHGE\F†UHSHDOHG
 )LOLQJRIFODLPVWLPHIRUÀOLQJ
IURPWKHIXQGPRUHWKDQLQWKHDJJUH- $WWKHWLPHRIÀOLQJDFODLPXQGHUWKLVFKDS-
JDWHH[FHSWWKDWD/HYHO,RU,,WUDXPDKRVSLWDO ter, the claimant shall submit to the Oregon
or hospitals may receive up to $12,000, in the Health Authority such information and data
DJJUHJDWH DVWKHDXWKRULW\PD\UHDVRQDEO\UHTXLUH
(2) No doctor or doctors shall receive from
WKHIXQGPRUHWKDQLQWKHDJJUHJDWH
(3) No nurse or nurses shall receive from
WKHIXQGPRUHWKDQLQWKHDJJUHJDWH
(4) No pharmacy or pharmacies shall
receive from the fund more than $500, in the
DJJUHJDWH
(5) No ambulance operator or ambulance
operators shall receive from the fund more
than $500, in the aggregate, except that an
air ambulance or air ambulances may receive
XSWRLQWKHDJJUHJDWH
 $FODLPÀOHGXQGHUWKLVFKDSWHUPXVW
EHÀOHGZLWKWKHDXWKRULW\ZLWKLQRQH\HDU
after the termination of the care supplied
E\WKHFODLPDQW+RZHYHULQFRPSXWLQJWKH
time there shall not be included that period
beginning when any claim under ORS chap-
WHUDULVLQJRXWRIWKHVDPHPRWRUYHKLFOH
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the authority, and ending when that claim has
EHHQÀQDOO\GHFLGHG>$PHQGHGE\F
†F†F†F
†F†F†@
445.100>5HSHDOHGE\F†@
 1RVXSSOLHURUVXSSOLHUVRISURVWKHWLF
appliances and services shall receive from the
IXQGPRUHWKDQLQWKHDJJUHJDWH
(7) No licensed physical therapist or licensed
physical therapists shall receive from the fund
PRUHWKDQLQWKHDJJUHJDWH>$PHQGHG
445.110 Hospital claims; form and con-
tents. (DFKFODLPVKDOOEHPDGHLQZULWLQJ
in the form prescribed by the Oregon Health
Authority, and shall show, and be accompanied
E\WKHIROORZLQJPDWWHUVDQGWKLQJV
E\F†F†F†
F†@
 $GGLWLRQDOEHQHÀWVSHUPLWWHG
within limits. ,ILWLVPDGHWRDSSHDUWRWKH
Oregon Health Authority that the limitations
 7KHQDPHDQGODVWNQRZQSRVWRIÀFH
address of the person to whom care has been
JLYHQ
(2) The number of days’ care, with the dates
of admission to the hospital and of discharge
WKHUHIURPRURWKHUWHUPLQDWLRQRIFDUH

Related Laws 3DJH (2015 Edition)

 
,1',*(173(56216,1-85(',19(+,&/($&&,'(176 

 7KHDPRXQWRIWKHFODLP
(4) A statement in writing showing the effort
made by the hospital to collect the amount of
the claim, the facts indicating the indigency of
the patient, and the amount, if any, of money
received from the patient or others in payment
RIWKHDFFRXQWRIWKHSDWLHQW
ÀOHG ZLWK LW XQGHU WKLV FKDSWHU )URP WKH
information and data contained in the claim,
the reports of the claimant, the documents
so accompanying and supporting the claim
and such other evidence as it may reasonably
require or itself adduce, the authority shall
ÀQGDQGGHWHUPLQH
 ,IUHDVRQDEO\REWDLQDEOHWKHDIÀGDYLWRI
the indigent patient or of the person or agency,
if any, responsible for the patient, and, if rea-
sonably obtainable, the statement in writing
of a public or private agency engaged in the
relief of the poor, verifying the indigency of
WKHSDWLHQW,IWKHDIÀGDYLWRUVWDWHPHQWGRHV
not accompany the claim, and it is alleged in
the claim that such absence is owing to the fact
WKDWWKHDIÀGDYLWRUVWDWHPHQWLVQRWUHDVRQ-
ably obtainable, the claim shall set forth the
IDFWVXSRQZKLFKVXFKDVVHUWLRQLVEDVHG
 :KHWKHURUQRWWKHFODLPKDVEHHQÀOHG
ZLWKLQWKHWLPHOLPLWHGLQ256
(2) Whether or not the claim is predicated
upon care supplied to a person suffering from
DPRWRUYHKLFOHLQMXU\
(3) Whether or not the injured person is
unable to pay the charges for which the claim
LVÀOHGZLWKLQWKHPHDQLQJRI256
(4) Whether or not the claimant has made
reasonable and timely effort to effect collection
RILWVFODLP>$PHQGHGE\F†
F†F†@
  $Q\ RWKHU LQIRUPDWLRQ DQG GDWD WKH
DXWKRULW\PD\UHDVRQDEO\UHTXLUH>$PHQGHG 445.150 Order allowing or rejecting
E\F†F†F†
F†@
445.120 Filing of claims generally; com-
bining claims. (1) The claim of a claimant
other than a hospital shall be in form and sub-
VWDQFHOLNHWKDWSURYLGHGLQ256LQVR
far as applicable and be accompanied by the
VDPHVXSSRUWLQJGRFXPHQWV+RZHYHURQO\RQH
VHWRIVXSSRUWLQJGRFXPHQWVQHHGEHÀOHGLQ
claim; notice. ,ILQWKHPDWWHURIWKH
FODLP WKH 2UHJRQ +HDOWK $XWKRULW\ ÀQGV
DQGGHWHUPLQHVLQWKHDIÀUPDWLYHLQUHVSHFW
RILWHPVOLVWHGLQ256WKHDXWKRU-
LW\VKDOOE\LWVRUGHUPDGHDQGÀOHGLQWKH
matter, allow the claim in such amount, not
H[FHHGLQJWKHOLPLWDWLRQVLQ256DQG
OHVVVXFKDPRXQWDVKDVEHHQSDLGRQ
WKHDFFRXQW
respect of any one indigent patient in regard
WRDQ\RQHPRWRUYHKLFOHLQMXU\
(2) An account for the services of an ortho-
dontist for orthodontia performed by the
orthodontist on the order of the doctor in charge
of the case or an account for care supplied by
 ,ILQLWVMXGJPHQWWKHPDLQWHQDQFHRIWKH
solvency of the Motor Vehicle Accident Fund so
requires, the authority may make payment in
monthly installments of any claim which has
EHHQDOORZHGE\LWRUÀQDOO\DGMXGJHGDIÀU-
PDWLYHO\E\DFRXUWRQDSSHDO
a nurse, pharmacy, ambulance operator, sup-
plier of prosthetic appliances and services or
services of a licensed physical therapist may
be, with the consent of the doctor, assigned to,
and included as a part in and of the claim of,
DKRVSLWDORUGRFWRU>$PHQGHGE\F
†F†@
445.130 Effect of liability of third
person or commencement of legal action
on settlement of claim. For the purposes
RIFODLPVXQGHU256DQG
an indigent patient who is not otherwise able
to pay the charges for care supplied shall not
be deemed to be able to pay them because a
third person might be held liable in an action
to recover damages on account of the motor
vehicle injury, if an action has not been com-
PHQFHG,IDQDFWLRQKDVEHHQFRPPHQFHGWKH
FODLPVKDOOVKRZWKDWIDFW,QWKDWHYHQWWKH
Oregon Health Authority may suspend the
determination of the claim until the action
has been terminated and from time to time
require the claimant to supply such further
information and data in respect of the action
as the authority may deem necessary in order
 ,IWKHDXWKRULW\ÀQGVDQGGHWHUPLQHVLQ
the negative in respect of any item listed in
256WKHDXWKRULW\VKDOOE\LWVRUGHU
PDGHDQGÀOHGWKHUHLQUHMHFWWKHFODLP
(4) The authority promptly shall serve the
claimant with a copy of its order, addressed
to the claimant at the claimant’s last-known
SRVWRIÀFHDGGUHVVDVVKRZQE\WKHUHFRUGV
DQGÀOHVRIWKHDXWKRULW\>$PHQGHGE\
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445.155 Judicial review. Judicial review
RIUHJXODWLRQVXQGHU256DQGRUGHUV
XQGHU256VKDOOEHLQDFFRUGDQFHZLWK
ORS chapter 183, provided that the amount
involved in the appeal from the order exceeds
$100, and provided further that the amount
involved in the appeal from the decision of the
FRXUWH[FHHGV>F†@
445.160>5HSHDOHGE\F†@
445.170>5HSHDOHGE\F†@
445.180 Reassignment of rights to
FODLPDQW RQ QRWLFH RI ÀQGLQJ SHUVRQ
to determine the ultimate ability of the patient
WRSD\WKHFKDUJHVIRUZKLFKWKHFODLPLVÀOHG
>$PHQGHGE\F†F†@
445.140 Audit and determination of
validity of claims. The Oregon Health
Authority shall examine and audit each claim
liable for care. ,ILWFRPHVWRWKHNQRZO-
edge of a claimant who has received payment
of a claim under this chapter that the patient
in respect of whom the claim has been paid, or
any other person chargeable by law with the
care or support of the patient, has been paid,

Related Laws 3DJH (2015 Edition)

 RELATED LAWS

or is able to pay, the amount of the claim, the
FODLPDQWVKDOOGLOLJHQWO\SXUVXHVXFKSD\PHQW
(2) A claimant who has received payment
of a claim from the Oregon Health Authority
under this chapter shall inform the authority
SURPSWO\DQGLQZULWLQJLI can be found;
(a) The claimant receives any payment from
or on behalf of the patient in respect of whom
the claim has been paid or from any person
chargeable by law with the care or support of
unless it is made to appear to the satisfaction
RIWKHDXWKRULW\WKDW
(1) Upon due and diligent search and inquiry
neither the patient nor any person chargeable
by law with the care or support of the patient
(2) An action against the patient or a person
chargeable by law with the care or support of
the patient has been instituted and is pending;
or
the patient;
(b) The claimant knows or has reason to
believe that the patient or any person charge-
able by law with the care or support of the
patient is able to pay the amount of the claim
or any part thereof; or
(c) The claimant or any person on behalf of
the claimant institutes an action against the
patient or any person chargeable by law with
the care or support of the patient to recover all
RUSDUWRIWKHDPRXQWRIWKHFODLP
(3) All moneys paid to or for the use or bene-
ÀWRIWKHFODLPDQWE\RURQEHKDOIRIWKHSDWLHQW
shall, after deduction of the reasonable cost of
recovering them, be paid to the authority for
GHSRVLWLQWKH0RWRU9HKLFOH$FFLGHQW)XQG
>$PHQGHGE\F†F†@
445.185 When deduction may be made
from payments on claim. When a claimant
fails to pursue payment as required by ORS
RUWRSD\WRWKH2UHJRQ+HDOWK$XWKRU-
LW\WKHDPRXQWUHTXLUHGE\256WREH
SDLGWKHDXWKRULW\VKDOODIWHUGD\VGHGXFW
the amount paid by it on the claim from any
subsequent payment made to the claimant
Related Laws 3DJH
 $QDFWLRQKDVEHHQSURVHFXWHGWRÀQDO
judgment, all legal remedies for satisfaction
of the judgment have been exhausted and the
MXGJPHQWKDVQRWEHHQFROOHFWHG>F
†F†@
445.190>5HSHDOHGE\F†@
445.200>5HSHDOHGE\F†@
445.210>5HSHDOHGE\F†@
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445.260>F†UHSHDOHGE\
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_______________
(2015 Edition)
 Miscellaneous Laws
The following pages contain a survey of miscellaneous laws from the
Oregon Revised Statutes that relate directly or indirectly to motor vehicles
or responsibilities of the Driver and Motor Vehicle Services Division (DMV)
RIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ7KHVHFKDSWHUVKDYHEHHQDEULGJHG
WRLQFOXGHRQO\WKRVHVHFWLRQVZLWKVSHFLÀFDSSOLFDWLRQWRPRWRUYHKLFOHVRU
WKHLURSHUDWLRQThese are not complete chapters. For that reason, the
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UHTXLUHPHQWV

3DJH
3DJH
7DEOHRI&RQWHQWV‡0LVFHOODQHRXV/DZV

Chapter Subject Page

1 Citation and Petition Forms

10 Circuit Court Jury List
25 Suspension of Occupational and Driver Licenses 
30 Liability of Certain Persons Providing Motor Vehicles 
 ,QWHUSUHWHUV 
54 Justice Court Jury List 
79 Secured Transactions 
 5HWDLO,QVWDOOPHQW&RQWUDFWV 
87 Statutory Liens 
97 Anatomical Gifts 
98 Disposition of Unlawfully Parked Vehicles and Abandoned
Vehicles 
 $GPLQLVWUDWLRQRI6PDOO(VWDWHV 
133 Arrest and Related Procedures 
 ,QYHVWLJDWLRQRI'HDWKV 
 &ULPHVDQG3XQLVKPHQWV
 2IIHQVHV$JDLQVW3HUVRQV 
 2IIHQFHV$JDLQVW3URSHUW\ 
 0LVUHSUHVHQWDWLRQRI$JHE\0LQRU 
 )LUHDUPVDQG2WKHU:HDSRQV 
 7REDFFR3XUFKDVHE\0LQRU 
184 Department of Transportation Operating Fund 
 $GGUHVV&RQÀGHQWLDOLW\3URJUDP
247 Voter Registration  
283 Marking of State-Owned Vehicles 
291 Agency Fee Restrictions 
305 Licensee and Contractor Lists 

3DJH
7DEOHRI&RQWHQWV‡0LVFHOODQHRXV/DZV

Chapter Subject Page

308 Assessment of Mobile Homes for Taxation 

 6WXGHQW'ULYHU7UDLQLQJ 
339 School Attendance; Tuition; Discipline; Safety 
 6WDWH+LJKZD\ 
 0RWRULVW,QIRUPDWLRQ6LJQV 
383 Tollways
 (PHUJHQF\0DQDJHPHQWDQG6HUYLFHV 
419C Juvenile Court Proceedings 
447 Parking Spaces for Persons with Disabilities 
$ 0RWRU9HKLFOH3ROOXWLRQ&RQWURO
471 Prohibitions Relating to Liquor 700
 7KURZLQJ$ZD\/LJKWHG2EMHFWV 701
 ([SORVLYHVDQG)ODPPDEOH0DWHULDOV 701
$ (QIRUHFHPHQWRI([SUHVV:DUUDQWLHVRQ1HZ0RWRU9HKLFOHV 
 0RWRU9HKLFOH/LDELOLW\,QVXUDQFH 708
 ,QVXUDQFH7UDGH3UDFWLFHV 727

3DJH
 MISCELLANEOUS LAWS  

Chapter 1 and circuit courts may use source lists obtained

from any person or public body, and jury lists
containing names selected from a source list,
CITATION AND PETITION FORMS only for purposes consistent with administer-
ing the selection and summoning of persons
1.525 Uniform citation and petition for service as jurors, the drawing of names of
forms for certain offenses. (1) The Supreme jurors, and other tasks necessary to accom-
Court shall adopt one or more forms for the SOLVKWKRVHIXQFWLRQV6RXUFHOLVWVPD\QRW
IROORZLQJSXUSRVHV contain and the State Court Administrator is
(a) A form of uniform violation citation for not required to obtain information about indi-
WKHSXUSRVHVRI256 viduals who are participants in the Address
&RQÀGHQWLDOLW\3URJUDPXQGHU256
(b) A form of uniform criminal citation with- WR([FHSWDVVSHFLÀFDOO\SURYLGHGE\
RXWFRPSODLQWIRUWKHSXUSRVHVRI256 law, the State Court Administrator and circuit
(c) A form of uniform criminal citation with courts may not disclose source lists obtained
FRPSODLQWIRUWKHSXUSRVHVRI256 from any person or public body, and jury lists
containing names selected from a source list,
(d) Any form of uniform citation for catego- WRDQ\RWKHUSHUVRQRUSXEOLFERG\
ULHVRIRIIHQVHVDVWKHFRXUWÀQGVQHFHVVDU\RU
convenient; and (2) A public body having custody, posses-
sion or control of any list that may be used as
(e) A uniform petition for a driving while a source list for preparation of a master jury
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ list, upon written request by the State Court
DJUHHPHQWIRUWKHSXUSRVHVRI256 Administrator, shall make its list available at
 ,IFKDQJHVDUHPDGHWRDXQLIRUPFLWDWLRQ
form under this section, the Supreme Court
shall make a reasonable effort to minimize the
ÀQDQFLDOLPSDFWRIWKHFKDQJHVRQWKHVWDWH
agencies and political subdivisions of this state
WKDWXVHWKHXQLIRUPFLWDWLRQIRUP:KHUH
SRVVLEOHWKHHIIRUWWRPLQLPL]HWKHÀQDQFLDO
impact shall include a reasonable time for the
state agencies and political subdivisions to
exhaust their existing supplies of the citation
IRUPEHIRUHWKHFKDQJHVEHFRPHHIIHFWLYH
any reasonable time and, except as otherwise
SURYLGHGLQ256ZLWKRXWFKDUJHWR
the State Court Administrator for inspection or
FRS\LQJ7KHSXEOLFERG\XSRQZULWWHQUHTXHVW
by the State Court Administrator, shall pro-
vide a copy of its list for the date and in the
form requested to the State Court Adminis-
WUDWRU([FHSWDVRWKHUZLVHSURYLGHGLQ256
WKHFRS\VKDOOEHSURYLGHGZLWKRXW
FKDUJH
(3) The number of names placed on a master
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, the uniform citation forms adopted
by the Supreme Court under this section must
EHXVHGE\DOOHQIRUFHPHQWRIÀFHUVDVGHÀQHG
LQ256ZKHQLVVXLQJDYLRODWLRQFLWD-
WLRQRUFULPLQDOFLWDWLRQ
MXU\OLVWVKDOOEHVXIÀFLHQWWRPHHWWKHSUR-
jected need for grand jurors and trial jurors
in the circuit court in the county, but the total
number may not be less than two percent of
the population of the county according to the
ODWHVWIHGHUDOGHFHQQLDOFHQVXV
(4) The uniform citation forms adopted by
the Supreme Court under this section need not
EHXVHGIRU LIDVVLJQHGWKHMXURULGHQWLÀFDWLRQQXPEHURI
(a) Offenses created by ordinance or agency
rule governing parking of vehicles; or
(b) Offenses created by the ordinances of
SROLWLFDOVXEGLYLVLRQV>F†
F†F†F†
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 $PDVWHUMXU\OLVWVKDOOFRQWDLQWKHÀUVW
name, the surname, the place of residence and,
HDFKSHUVRQZKRVHQDPHLVSODFHGWKHUHRQ
(5) A master jury list for a circuit court shall
EHFHUWLÀHGE\WKH6WDWH&RXUW$GPLQLVWUDWRU
to have been prepared in compliance with the
UHTXLUHPHQWVRIWKLVVHFWLRQ$FHUWLÀHGFRS\
of the master jury list shall be provided to the
circuit court for the county as soon as possible
DIWHUWKHOLVWLVSUHSDUHG
Chapter 10
CIRCUIT COURT JURY LIST
10.215 Master jury list; sources; con-
tents. (1) The State Court Administrator shall
cause to be prepared at least once each year
a master jury list containing names selected
DWUDQGRPIURPWKHVRXUFHOLVWV7KHVRXUFH
lists are the most recent list of electors of the
county, the records furnished by the Depart-
ment of Transportation as provided in ORS
 $QHZO\ÀOHGPDVWHUMXU\OLVWVKDOOEH
maintained separately from the previously
ÀOHGPDVWHUMXU\OLVW7KHSUHVLGLQJMXGJHVKDOO
GHVLJQDWHZKHQDQHZO\ÀOHGPDVWHUMXU\OLVW
EHFRPHVHIIHFWLYH$IWHUDQHZO\ÀOHGPDVWHU
jury list becomes effective, names of persons for
a jury list for a panel or term must be selected
for a jury list for a panel or term from the
QHZO\ÀOHGPDVWHUMXU\OLVWDQGIURPQDPHV
RIDQ\SHUVRQVIURPWKHSUHYLRXVO\ÀOHGPDVWHU
MXU\OLVWZKRVHVHUYLFHZDVGHIHUUHG:KHQD
QHZO\ÀOHGPDVWHUMXU\OLVWEHFRPHVHIIHFWLYH
all orders, records and papers prepared in
DQGDQ\RWKHUVRXUFHVDSSURYHGE\ connection with the selection process based
the Chief Justice of the Supreme Court that RQWKHSUHYLRXVO\ÀOHGPDVWHUMXU\OLVWVKDOO
will furnish a fair cross section of the citizens be preserved by the trial court administrator
RIWKHFRXQW\7KH6WDWH&RXUW$GPLQLVWUDWRU and State Court Administrator for the period

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

prescribed by the State Court Administrator
XQGHU256
(7) The State Court Administrator may
make adjustments to the master jury list, and
may authorize the presiding judge of a judicial
district to make adjustments to a jury list for
a panel or term, for the purpose of updating
the addresses of persons appearing on the lists
and removing the names of persons who are
deceased, permanently ineligible for jury ser-
YLFHRUSHUPDQHQWO\H[FXVHGIURPMXU\VHUYLFH
The State Court Administrator shall ensure
that a record is maintained of all adjustments
WRMXU\OLVWVPDGHXQGHUWKLVVXEVHFWLRQ
(8) For the purposes of this section, “public
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 % ,V QRW LQ FRPSOLDQFH ZLWK VXFK DQ
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(2) The Department of Justice by rule shall
specify the conditions and terms of agree-
ments, compliance with which precludes the
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25.756 Identifying persons holding
OLFHQVHVFHUWLÀFDWHVSHUPLWVDQGUHJ-
istrations. The Department of Justice shall
enter into agreements regarding the iden-
WLÀFDWLRQRISHUVRQVZKRDUHVXEMHFWWRWKH
SURYLVLRQVRI256WRDQGZKR
KROGOLFHQVHVFHUWLÀFDWHVSHUPLWVRUUHJLVWUD-
WLRQVZLWK
(1) The Oregon Liquor Control Commission;
 $OOHQWLWLHVWKDWLVVXHOLFHQVHVFHUWLÀ-
cates, permits or registrations that a person is
required by state law to possess to engage in an
Chapter 25 occupation, profession or recreational hunting
RUÀVKLQJRUWRXVHDSDUWLFXODURFFXSDWLRQDO
or professional title; and
SUSPENSION OF OCCUPATIONAL
AND DRIVER LICENSES  7KH'HSDUWPHQWRI7UDQVSRUWDWLRQ>
F†F†F†
 6XVSHQVLRQRIOLFHQVHVFHUWLÀ- F†F†@
cates, permits and registrations; when
authorized; rules. $OOOLFHQVHVFHUWLÀ-
cates, permits or registrations that a person
is required by state law to possess in order to
engage in an occupation or profession or to use
a particular occupational or professional title,
all annual licenses issued to individuals by the
Oregon Liquor Control Commission, all driver
licenses or permits issued by the Department
of Transportation and recreational hunt-
LQJDQGÀVKLQJOLFHQVHVDVGHÀQHGE\UXOH
of the Department of Justice, are subject to
suspension by the respective issuing entities
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the administrator that a child support case
record is being maintained by the Department
of Justice, that the case is being enforced by
the administrator under the provisions of ORS
DQGWKDWRQHRUERWKRIWKHIROORZLQJ
FRQGLWLRQVDSSO\ the issuing entity receives notice under this
(a) That the party holding the license, cer-
WLÀFDWHSHUPLWRUUHJLVWUDWLRQLVLQDUUHDUV
under any child support judgment or order, in
an amount equal to the greater of three months
RIVXSSRUWRUDQG SHUPLWRUUHJLVWUDWLRQ>F†
(A) Has not entered into an agreement with
the administrator with respect to the child sup-
port obligation; or
25.771 Obligor holding more than
RQHOLFHQVHFHUWLÀFDWHSHUPLWRUUHJ-
istration. ,QWKHHYHQWWKDWDQREOLJRUKROGV
PRUHWKDQRQHOLFHQVHFHUWLÀFDWHSHUPLWRU
UHJLVWUDWLRQGHVFULEHGLQ256DQ\
determination regarding suspension of one
OLFHQVHFHUWLÀFDWHSHUPLWRUUHJLVWUDWLRQLV
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icate, permit or registration described in ORS
>F†F†@
25.774 Reinstatement. When, at any
WLPHDIWHUVXVSHQVLRQXQGHU256WR
WKHFRQGLWLRQVUHVXOWLQJLQWKHVXVSHQ-
sion no longer exist, the administrator shall
VRQRWLI\WKHLVVXLQJHQWLW\DQGVKDOOFRQÀUP
WKDWWKHOLFHQVHFHUWLÀFDWHSHUPLWRUUHJLV-
tration may be reinstated contingent upon
WKHUHTXLUHPHQWVRIWKHLVVXLQJHQWLW\8QWLO
section, the issuing entity may not reinstate,
reissue, renew or otherwise make the license,
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25.777 Reimbursing issuing entities
for costs incurred. The Department of Jus-
tice shall enter into agreements to reimburse
 %,VQRWLQFRPSOLDQFHZLWKDQDJUHHPHQW
entered into with the administrator; or
(b) That the party holding the license, cer-
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receiving appropriate notice, to comply with a
subpoena or other procedural order relating to
DSDWHUQLW\RUFKLOGVXSSRUWSURFHHGLQJDQG 25.780 Other licenses, certificates,
(A) Has not entered into an agreement with
the administrator with respect to compliance;
or
issuing entities for their costs of compliance
ZLWK256WRWRWKHH[WHQWWKDW
those costs are eligible for Federal Financial
3DUWLFLSDWLRQXQGHU7LWOH,9'RIWKH6RFLDO
6HFXULW\$FW>F†F†
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permits and registrations subject to sus-
pension. ,QDGGLWLRQWRDQ\RWKHUJURXQGVIRU
VXVSHQVLRQSURYLGHGE\ODZ

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
(1) The Oregon Liquor Control Commission
DQGDQ\HQWLW\WKDWLVVXHVOLFHQVHVFHUWLÀ-
cates, permits or registrations that a person is
required by state law to possess to engage in an
occupation, profession or recreational hunting
RUÀVKLQJRUWRXVHDSDUWLFXODURFFXSDWLRQDORU
professional title shall suspend without further
KHDULQJWKHOLFHQVHVFHUWLÀFDWHVSHUPLWVRU
UHJLVWUDWLRQVRIDSHUVRQXSRQFHUWLÀFDWLRQE\
the administrator that the person is subject
WRDQRUGHUVXVSHQGLQJWKHOLFHQVHFHUWLÀ-
FDWHSHUPLWRUUHJLVWUDWLRQ7KHFHUWLÀFDWLRQ
PXVWLQFOXGHWKHLQIRUPDWLRQVSHFLÀHGLQ256
 
Preface to Oregon Revised Statutes for further
H[SODQDWLRQ
Chapter 30
LIABILITY OF CERTAIN PERSONS
PROVIDING MOTOR VEHICLES
30.135 Liability of certain persons that
lend, rent, donate use of, make available
for test drive or otherwise provide motor

(2) The Department of Transportation shall
suspend without further hearing the driver
license or driver permit of a person upon cer-
WLÀFDWLRQE\WKHDGPLQLVWUDWRUWKDWWKHSHUVRQ
is subject to an order suspending the license
RUSHUPLW7KHFHUWLÀFDWLRQPXVWLQFOXGHWKH
vehicle. (1) Subject to the provisions of this
section, a person that lends, rents, donates use
of, makes available for test drive or otherwise
SURYLGHVDPRWRUYHKLFOHDVGHÀQHGLQ256
WRDQRWKHUSHUVRQLVQRWOLDEOHIRU
any injury, death or damage that arises out
of the use of that motor vehicle by the other
LQIRUPDWLRQVSHFLÀHGLQ256>
F†F†F†
F†F†@
 &RQÀGHQWLDOLW\RILQIRUPDWLRQ
$Q\ HQWLW\ GHVFULEHG LQ 256  WKDW
receives an inquiry as to the status of a person
ZKRKDVKDGDOLFHQVHFHUWLÀFDWHSHUPLWRU
UHJLVWUDWLRQVXVSHQGHGXQGHU256WR
VKDOOUHVSRQGRQO\WKDWWKHOLFHQVHFHU-
WLÀFDWHSHUPLWRUUHJLVWUDWLRQZDVVXVSHQGHG
SXUVXDQWWR256WR7KHHQWLW\
shall not release or make other use of informa-
WLRQWKDWLWUHFHLYHVSXUVXDQWWR256
WR>F†F†@
25.785 Issuing entities to require Social
Security number. (1) Any state agency, board
or commission that is authorized to issue an
occupational, professional, recreational or
GULYHUOLFHQVHFHUWLÀFDWHSHUPLWRUUHJLVWUD-
WLRQVXEMHFWWRVXVSHQVLRQXQGHU256WR
VKDOOUHTXLUHWKDWDQLQGLYLGXDO·V6RFLDO
Security number be recorded on an application
IRURUIRUPIRUUHQHZDORIDOLFHQVHFHUWLÀFDWH
permit or registration and to the maximum
extent feasible shall include the Social Security
number in automated databases containing
LQIRUPDWLRQDERXWWKHLQGLYLGXDO
(2) A state agency, board or commission
described in subsection (1) of this section may
accept a written statement from an individ-
ual who has not been issued a Social Security
number by the United States Social Security
$GPLQLVWUDWLRQWRIXOÀOOWKHUHTXLUHPHQWLQ
person, unless the person providing the motor
vehicle is negligent in maintaining the motor
vehicle or in providing the motor vehicle and
the injury, death or damage results from that
QHJOLJHQFH
(2) The limitation on liability provided by
this section applies only if the person providing
the motor vehicle is engaged in the business
of selling, renting, leasing or repairing motor
vehicles and the motor vehicle is provided to
DQRWKHUSHUVRQLQWKHFRXUVHRIWKDWEXVLQHVV
(3) The limitation on liability provided by
this section applies only if there is a written
agreement between the person providing the
motor vehicle and the person receiving the
PRWRUYHKLFOHDQGWKHDJUHHPHQWVSHFLÀFDOO\
indicates that the person receiving the motor
vehicle is liable for any injury, death or damage
DULVLQJRXWRIWKHXVHRIWKHPRWRUYHKLFOH7KH
limitation on liability provided by this section
applies to injury, death or damage suffered
GXULQJ WKH SHULRG VSHFLÀHG LQ WKH ZULWWHQ
agreement, or until the return of the motor
YHKLFOHZKLFKHYHULVODWHU
(4) The limitation on liability provided by
this section applies without regard to whether
the motor vehicle is provided for consideration
RULVSURYLGHGZLWKRXWFKDUJH
(5) Nothing in this section affects the lia-
bility of a manufacturer, distributor, seller or
lessor of a product under the provisions of ORS
WR
VXEVHFWLRQRIWKLVVHFWLRQ
(3) An individual may not submit to a state
agency, board or commission a written state-
ment described in subsection (2) of this section
NQRZLQJWKHVWDWHPHQWWREHIDOVH>F
†F†F†F
†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 25 or any
VHULHV WKHUHLQ E\ OHJLVODWLYH DFWLRQ 6HH
  1RWKLQJ LQ WKLV VHFWLRQ LQFUHDVHV
reduces or relates to those obligations that a
self-insurer may choose to undertake pursu-
DQWWR2561RWKLQJLQ256
increases, reduces or relates to the limitations
RIWKLVVHFWLRQ>F†F†
F†F†@
MISCELLANEOUS ACTIONS
Dishonored Check Fees
30.701 Actions against maker of dis-
honored check; statutory damages and
attorney fees; handling fee.  ,Q DQ\
action against a maker of a dishonored check,

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

a payee may recover from the maker statu-  )RUWKHSXUSRVHVRIWKLVVHFWLRQ

tory damages in an amount equal to $100 or  D´&KHFNµPHDQVDFKHFNGUDIWRURUGHU
triple the amount for which the check is drawn, IRUWKHSD\PHQWRIPRQH\
ZKLFKHYHU LV JUHDWHU 6WDWXWRU\ GDPDJHV
awarded under this subsection are in addition  E´'UDZHHµKDVWKDWPHDQLQJJLYHQLQ256
to the amount for which the check was drawn 
and may not exceed by more than $500 the  F´3D\HHµPHDQVDSD\HHKROGHURUDVVLJQHH
DPRXQWIRUZKLFKWKHFKHFNZDVGUDZQ7KH RIDFKHFN>F†HQDFWHGLQOLHXRI
court shall allow reasonable attorney fees at F†F†@
trial and on appeal to the prevailing party in
an action on a dishonored check and in any
action on a check that is not paid because pay-
PHQWKDVEHHQVWRSSHG Chapter 45
(2) Statutory damages and attorney fees
under subsection (1) of this section may be INTERPRETERS
awarded only if the payee made written
demand of the maker of the check not less than  'HÀQLWLRQVIRU256WR
30 days before commencing the action and the 45.297. $VXVHGLQ256WR
maker failed to tender to the payee before the
commencement of the action an amount of
money not less than the amount for which the
check was drawn, all interest that has accrued
RQWKHFKHFNXQGHU256DVRIWKHGDWH
of demand and any charges imposed under
 ´$GMXGLFDWRU\SURFHHGLQJµPHDQV
(a) Any contested case hearing conducted
under ORS chapter 183; or
(b) Any hearing conducted by an agency in
which the individual legal rights, duties or
VXEVHFWLRQRIWKLVVHFWLRQ SULYLOHJHVRIVSHFLÀFSDUWLHVDUHGHWHUPLQHGLI
(3) Statutory damages under subsection (1) that determination is subject to judicial review
of this section shall not be awarded by the court E\DFLUFXLWFRXUWRUE\WKH&RXUWRI$SSHDOV
if after the commencement of the action but  ´$JHQF\µKDVWKDWPHDQLQJJLYHQLQ256
before trial the defendant tenders to the plain- 
tiff an amount of money equal to the amount
for which the check was drawn, all interest  ´&ULWLFDOVWDJHRIWKHSURFHHGLQJµKDVWKH
that has accrued on the check under ORS PHDQLQJJLYHQWKDWWHUPLQ256
DVRIWKHGDWHRISD\PHQWDQ\FKDUJHV  ´9LFWLPµKDVWKHPHDQLQJJLYHQWKDW
imposed under subsection (5) of this section, WHUPLQ256>F†
costs and disbursements and the plaintiff’s F†@
reasonable attorney fees incurred as of the date
RIWKHWHQGHU 45.273 Policy. ,WLVGHFODUHGWREHWKH
policy of this state to secure the constitu-
 ,IWKHFRXUWRUMXU\GHWHUPLQHVWKDWWKH
failure of the defendant to satisfy the dis-
honored check at the time demand was made
under subsection (2) of this section was due to
economic hardship, the court or jury has the
discretion to waive all or part of the statutory
damages provided for in subsection (1) of this
VHFWLRQ,IDOORUSDUWRIWKHVWDWXWRU\GDPDJHV
are waived under this subsection, judgment
tional rights and other rights of persons who
are unable to readily understand or commu-
QLFDWHLQWKH(QJOLVKODQJXDJHEHFDXVHRID
QRQ(QJOLVKVSHDNLQJFXOWXUDOEDFNJURXQG
or a disability, and who as a result cannot be
fully protected in administrative and court
SURFHHGLQJVXQOHVVTXDOLÀHGLQWHUSUHWHUVDUH
DYDLODEOHWRSURYLGHDVVLVWDQFH
shall be entered in favor of the plaintiff for
the amount of the dishonored check, all inter-
est that has accrued on the check under ORS
DQ\FKDUJHVLPSRVHGXQGHUVXEVHFWLRQ
(5) of this section, the plaintiff’s reasonable
DWWRUQH\IHHVDQGFRVWVDQGGLVEXUVHPHQWV
 ,WLVWKHLQWHQWRIWKH/HJLVODWLYH$VVHP-
EO\LQSDVVLQJ256WRWRSURYLGH
DSURFHGXUHIRUWKHTXDOLÀFDWLRQDQGXVHRI
FRXUWLQWHUSUHWHUV1RWKLQJLQ256WR
DEULGJHVWKHULJKWVRUREOLJDWLRQVRI
SDUWLHVXQGHURWKHUODZVRUFRXUWUXOHV>
F†F†@
 ,IDFKHFNLVGLVKRQRUHGWKHSD\HHPD\
FROOHFWIURPWKHPDNHUDIHHQRWWRH[FHHG 45.275 Appointment of interpreter for
Any award of statutory damages under sub- non-English-speaking party, witness or
section (1) of this section must be reduced by victim; substitution; payment of costs. (1)
the amount of any charges imposed under this D7KHFRXUWVKDOODSSRLQWDTXDOLÀHGLQWHU-
subsection that have been paid by the maker preter in a civil or criminal proceeding, and
RUWKDWDUHHQWHUHGDVSDUWRIWKHMXGJPHQW DKHDULQJRIÀFHURUWKHGHVLJQHHRIDKHDULQJ
RIÀFHUVKDOODSSRLQWDTXDOLÀHGLQWHUSUHWHU
 7KHSURYLVLRQVRIWKLVVHFWLRQDSSO\RQO\ in an adjudicatory proceeding, whenever it is
to a check that has been dishonored because QHFHVVDU\
of a lack of funds or credit to pay the check,
because the maker has no account with the  $7RLQWHUSUHWWKHSURFHHGLQJVWRDQRQ(Q-
drawee or because the maker has stopped glish-speaking party;
SD\PHQWRQWKHFKHFNZLWKRXWJRRGFDXVH$  %7RLQWHUSUHWWKHWHVWLPRQ\RIDQRQ(Q-
plaintiff is entitled to the remedies provided glish-speaking party or witness; or
by this section without regard to the reasons
JLYHQE\WKHGUDZHHIRUGLVKRQRULQJWKHFKHFN

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

(C) To assist the court, agency or hearing bear any additional costs beyond the amount
RIÀFHULQSHUIRUPLQJWKHGXWLHVDQGUHVSRQVL- UHTXLUHGWRSD\WKHRULJLQDOLQWHUSUHWHU
ELOLWLHVRIWKHFRXUWDJHQF\RUKHDULQJRIÀFHU  $MXGJHRUKHDULQJRIÀFHURQWKHMXGJH·V
 E7KHFRXUWVKDOODSSRLQWDTXDOLÀHGLQWHU-
preter in a criminal proceeding whenever it
is necessary to interpret the proceedings to
DQRQ(QJOLVKVSHDNLQJYLFWLPZKRVHHNVWR
exercise in open court a right that is granted
RUKHDULQJRIÀFHU·VRZQPRWLRQPD\VXEVWLWXWH
a different interpreter for the interpreter ini-
WLDOO\DSSRLQWHGLQDSURFHHGLQJ$MXGJHRU
KHDULQJRIÀFHUPD\PDNHDVXEVWLWXWLRQXQGHU
WKLVVXEVHFWLRQDWDQ\WLPHDQGIRUDQ\UHDVRQ
E\$UWLFOH,VHFWLRQRURIWKH2UHJRQ  $FRXUWPD\DOORZDVFRVWVUHDVRQDEOH
Constitution, including the right to be present expenses incurred by a party in employing the
DWDFULWLFDOVWDJHRIWKHSURFHHGLQJ services of an interpreter in civil proceedings
(2) A fee may not be charged to any person LQWKHPDQQHUSURYLGHGE\25&3
for the appointment of an interpreter to inter-
SUHWWHVWLPRQ\RIDQRQ(QJOLVKVSHDNLQJSDUW\
or witness, to interpret the proceedings to a
QRQ(QJOLVKVSHDNLQJSDUW\RUYLFWLPRUWR
DVVLVWWKHFRXUWDJHQF\RUKHDULQJRIÀFHULQ
performing the duties and responsibilities of
WKHFRXUWDJHQF\RUKHDULQJRIÀFHU$IHHPD\
not be charged to any person for the appoint-
ment of an interpreter if appointment is made
WRGHWHUPLQHZKHWKHUWKHSHUVRQLVQRQ(Q-
JOLVKVSHDNLQJIRUWKHSXUSRVHVRIWKLVVHFWLRQ
(3) Fair compensation for the services of an
interpreter appointed under this section shall
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 $FRXUWDKHDULQJRIÀFHURUWKHGHVLJQHH
RIDKHDULQJRIÀFHUVKDOOUHTXLUHDQ\SHUVRQ
serving as an interpreter for the court or
agency to state the person’s name on the record
DQGZKHWKHUWKHSHUVRQLVFHUWLÀHGXQGHU256
,IWKHSHUVRQLVFHUWLÀHGXQGHU256
WKHLQWHUSUHWHUQHHGQRWPDNHWKH
RDWKRUDIÀUPDWLRQUHTXLUHGE\256
RUVXEPLWWKHLQWHUSUHWHU·VTXDOLÀFDWLRQVRQ
WKHUHFRUG,IWKHSHUVRQLVQRWFHUWLÀHGXQGHU
256WKHLQWHUSUHWHUPXVWPDNHWKH
RDWKRUDIÀUPDWLRQUHTXLUHGE\256
DQGVXEPLWWKHLQWHUSUHWHU·VTXDOLÀFDWLRQVRQ
(a) By the county, subject to the approval  )RUWKHSXUSRVHVRIWKLVVHFWLRQ
of the terms of the contract by the governing  D´+HDULQJRIÀFHUµLQFOXGHVDQDGPLQLV-
body of the county, in a proceeding in a county WUDWLYHODZMXGJH
RUMXVWLFHFRXUW
(b) By the city, subject to the approval of the
terms of the contract by the governing body of
WKHFLW\LQDSURFHHGLQJLQDPXQLFLSDOFRXUW
(c) By the state in a proceeding in a cir-
FXLWFRXUW$PRXQWVSD\DEOHE\WKHVWDWHDUH
 E´1RQ(QJOLVKVSHDNLQJSHUVRQµPHDQV
a person who, by reason of place of birth or
FXOWXUHVSHDNVDODQJXDJHRWKHUWKDQ(QJOLVK
DQGGRHVQRWVSHDN(QJOLVKZLWKDGHTXDWH
ability to communicate effectively in the
SURFHHGLQJV
not payable from the Public Defense Services
$FFRXQWHVWDEOLVKHGE\256RUIURP
moneys appropriated to the Public Defense
6HUYLFHV&RPPLVVLRQ)HHVRIDQLQWHUSUHWHU
necessary for the purpose of communication
between appointed counsel and a client or
witness in a criminal case are payable from
the Public Defense Services Account or from
moneys appropriated to the Public Defense
6HUYLFHV&RPPLVVLRQ
(d) By the agency in an adjudicatory
SURFHHGLQJ
 F´4XDOLÀHGLQWHUSUHWHUµPHDQVDSHUVRQ
who is readily able to communicate with the
QRQ(QJOLVKVSHDNLQJSHUVRQDQGZKRFDQ
orally transfer the meaning of statements to
DQGIURP(QJOLVKDQGWKHODQJXDJHVSRNHQ
E\WKHQRQ(QJOLVKVSHDNLQJSHUVRQ$TXDO-
LÀHG LQWHUSUHWHU PXVW EH DEOH WR LQWHUSUHW
in a manner that conserves the meaning,
tone, level, style and register of the original
VWDWHPHQWZLWKRXWDGGLWLRQVRURPLVVLRQV
´4XDOLÀHGLQWHUSUHWHUµGRHVQRWLQFOXGHDQ\
person who is unable to interpret the dialect,
 ,IDSDUW\YLFWLPRUZLWQHVVLVGLVVDW-
LVÀHGZLWKWKHLQWHUSUHWHUDSSRLQWHGE\WKH
FRXUWWKHKHDULQJRIÀFHURUWKHGHVLJQHHRI
WKHKHDULQJRIÀFHUWKHSDUW\YLFWLPRUZLWQHVV
may request the appointment of a different
LQWHUSUHWHU$UHTXHVWXQGHUWKLVVXEVHFWLRQ
must be made in a manner consistent with the
policies and notice requirements of the court
or agency relating to the appointment and
slang or specialized vocabulary used by the
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F†F†F†
F†F†F††
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45.285 Appointment of interpreter for
party, witness or victim with disability;
provision of assistive communication
VFKHGXOLQJRILQWHUSUHWHUV,IWKHVXEVWLWXWLRQ device. )RUWKHSXUSRVHVRIWKLVVHFWLRQ
of another interpreter will delay the proceed-  D´$VVLVWLYHFRPPXQLFDWLRQGHYLFHµPHDQV
ing, the person making the request must show any equipment designed to facilitate commu-
JRRGFDXVHIRUWKHVXEVWLWXWLRQ$Q\SDUW\PD\ QLFDWLRQE\DSHUVRQZLWKDGLVDELOLW\
REMHFWWRXVHRIDQ\LQWHUSUHWHUIRUJRRGFDXVH
8QOHVVWKHFRXUWKHDULQJRIÀFHURUWKHGHV-  E´+HDULQJRIÀFHUµLQFOXGHVDQDGPLQLV-
LJQHHRIWKHKHDULQJRIÀFHUKDVDSSRLQWHGD WUDWLYHODZMXGJH
different interpreter for cause, the party using  F´3HUVRQZLWKDGLVDELOLW\µPHDQVDSHUVRQ
any interpreter other than the interpreter orig- who cannot readily understand the proceed-
LQDOO\DSSRLQWHGE\WKHFRXUWKHDULQJRIÀFHU ings because of deafness or a physical hearing
RUWKHGHVLJQHHRIWKHKHDULQJRIÀFHUVKDOO

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

impairment, or cannot communicate in the F †  F ††  F
proceedings because of a physical speaking ††F†F†
LPSDLUPHQW F†@
 G´4XDOLÀHGLQWHUSUHWHUµPHDQVDSHUVRQ
who is readily able to communicate with the
person with a disability, interpret the proceed-
ings and accurately repeat and interpret the
statements of the person with a disability to
45.288 Appointment of certif ied
interpreter required; exceptions; dis-
qualifications; code of professional
responsibility. (1) For the purposes of this
VHFWLRQ
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 ,QDQ\FLYLODFWLRQDGMXGLFDWRU\SUR- WUDWLYHODZMXGJH
ceeding or criminal proceeding, including a  E´1RQ(QJOLVKVSHDNLQJSHUVRQµKDVWKH
court-ordered deposition if no other person is PHDQLQJJLYHQWKDWWHUPLQ256
responsible for providing an interpreter, in
which a person with a disability is a party  F´3HUVRQZLWKDGLVDELOLW\µKDVWKHPHDQ-
RUZLWQHVVWKHFRXUWKHDULQJRIÀFHURUWKH LQJJLYHQWKDWWHUPLQ256
GHVLJQHHRIWKHKHDULQJRIÀFHUVKDOODSSRLQW
DTXDOLÀHGLQWHUSUHWHUDQGPDNHDYDLODEOH
appropriate assistive communication devices
whenever it is necessary to interpret the pro-
ceedings to the person with a disability, or to
interpret the testimony of the person with a
GLVDELOLW\
 G´4XDOLÀHGLQWHUSUHWHUµPHDQVDSHUVRQ
ZKRPHHWVWKHUHTXLUHPHQWVRI256IRU
an interpreter for a person with a disability,
or a person who meets the requirements of
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  ([FHSW DV SURYLGHG E\ WKLV VHFWLRQ
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available appropriate assistive communication
devices whenever it is necessary to interpret
the proceedings to a victim who is a person
with a disability and who seeks to exercise in
RSHQFRXUWDULJKWWKDWLVJUDQWHGE\$UWLFOH,
section 42 or 43, of the Oregon Constitution,
including the right to be present at a critical
VWDJHRIWKHSURFHHGLQJ
(4) A fee may not be charged to the person
with a disability for the appointment of an
interpreter or use of an assistive communica-
WLRQGHYLFHXQGHUWKLVVHFWLRQ$IHHPD\QRW
be charged to any person for the appointment
of an interpreter or the use of an assistive
communication device if appointment or use
is made to determine whether the person is
a person with a disability for the purposes of
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(5) Fair compensation for the services of an
interpreter or the cost of an assistive commu-
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whenever a court is required to appoint an
interpreter for any person in a proceeding
EHIRUHWKHFRXUWRUZKHQHYHUDKHDULQJRIÀ-
cer is required to appoint an interpreter in an
adjudicatory proceeding, the court, hearing
RIÀFHURUWKHGHVLJQHHRIWKHKHDULQJRIÀFHU
VKDOODSSRLQWDTXDOLÀHGLQWHUSUHWHUZKRKDV
EHHQFHUWLÀHGXQGHU256,IQRFHUWL-
ÀHGLQWHUSUHWHULVDYDLODEOHDEOHRUZLOOLQJWR
VHUYHWKHFRXUWKHDULQJRIÀFHURUWKHGHVLJQHH
RIWKHKHDULQJRIÀFHUVKDOODSSRLQWDTXDOLÀHG
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interpreter to act as an interpreter in lieu of a
FHUWLÀHGLQWHUSUHWHULQDQ\FDVHRUDGMXGLFDWRU\
SURFHHGLQJ
(3) The requirements of this section apply
to appointments of interpreters for persons
ZLWKGLVDELOLWLHVDQGIRUQRQ(QJOLVKVSHDNLQJ
(a) By the county, subject to the approval  7KHFRXUWKHDULQJRIÀFHURUWKHGHVLJ-
of the terms of the contract by the governing QHHRIWKHKHDULQJRIÀFHUPD\QRWDSSRLQWDQ\
body of the county, in a proceeding in a county SHUVRQXQGHU256WR
RUMXVWLFHFRXUW RU&LI
(b) By the city, subject to the approval of the
terms of the contract by the governing body of
WKHFLW\LQDSURFHHGLQJLQDPXQLFLSDOFRXUW
(c) By the state in a proceeding in a cir-
FXLWFRXUW$PRXQWVSD\DEOHE\WKHVWDWHDUH
not payable from the Public Defense Services
$FFRXQWHVWDEOLVKHGE\256RUIURP
moneys appropriated to the Public Defense
6HUYLFHV&RPPLVVLRQ)HHVRIDQLQWHUSUHWHU
necessary for the purpose of communication
between appointed counsel and a client or
witness in a criminal case are payable from
the Public Defense Services Account or from
moneys appropriated to the Public Defense
6HUYLFHV&RPPLVVLRQ
(d) By the agency in an adjudicatory pro-
FHHGLQJ>F†F†
Miscellaneous Laws 3DJH
 D7KHSHUVRQKDVDFRQÁLFWRILQWHUHVWZLWK
any of the parties, victims or witnesses in the
proceeding;
(b) The person is unable to understand the
MXGJHKHDULQJRIÀFHUSDUW\YLFWLPRUZLWQHVV
or cannot be understood by the judge, hearing
RIÀFHUSDUW\YLFWLPRUZLWQHVVRU
(c) The person is unable to work coopera-
tively with the judge of the court, the hearing
RIÀFHUWKHSHUVRQLQQHHGRIDQLQWHUSUHWHURU
WKHFRXQVHOIRUWKDWSHUVRQ
(5) The Supreme Court shall adopt a code
RISURIHVVLRQDOUHVSRQVLELOLW\IRULQWHUSUHWHUV
The code is binding on all interpreters who
provide interpreter services in the courts or
LQDGMXGLFDWRU\SURFHHGLQJVEHIRUHDJHQFLHV
>F†F†F†
(2015 Edition)
 MISCELLANEOUS LAWS  

F†F†F† governs perfection, the effect of perfection or

F†@ nonperfection, and the priority of a security
LQWHUHVWLQJRRGVFRYHUHGE\DFHUWLÀFDWHRI
title from the time the goods become covered
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Chapter 54 WREHFRYHUHGE\WKHFHUWLÀFDWHRIWLWOH>
F†@
JUSTICE COURT JURY LIST
Default
54.060 Making of jury lists. (1) The
justice of the peace in each district shall, in (Default and Enforcement
January of each year, or in case of an omission of Security Interests)
or neglect so to do then as soon as possible
WKHUHDIWHUPDNHDMXU\OLVWIRUWKHGLVWULFW 79.0607 UCC 9-607. Collection and enforce-
(2) A preliminary jury list shall be made by
selecting names of inhabitants of the district
E\ORWIURPWKHODWHVWMXU\OLVWVRXUFHV7KHMXU\
list sources are the elector registration list for
the district, copies of the Department of Trans-
portation records for the county referred to in
PHQWE\VHFXUHGSDUW\,IVRDJUHHGDQGLQ
DQ\HYHQWDIWHUGHIDXOWDVHFXUHGSDUW\
(a) May notify an account debtor or other
person obligated on collateral to make payment
or otherwise render performance to or for the
EHQHÀWRIWKHVHFXUHGSDUW\
256IXUQLVKHGWRWKHMXVWLFHDW
FRXQW\H[SHQVHE\WKHFOHUNRIFRXUWDVGHÀQHG
LQ256IRUWKHFRXQW\DQGDQ\RWKHU
source that the justice determines will furnish
a fair cross section of the inhabitants of the
GLVWULFW
(3) Jury list sources may not contain and the
justice of the peace is not required to obtain
information about individuals who are partici-
SDQWVLQWKH$GGUHVV&RQÀGHQWLDOLW\3URJUDP
XQGHU256WR
(4) From the preliminary jury list the names
(b) May take any proceeds to which the
VHFXUHGSDUW\LVHQWLWOHGXQGHU256
(c) May enforce the obligations of an
account debtor or other person obligated on
collateral and exercise the rights of the debtor
with respect to the obligation of the account
debtor or other person obligated on collateral
to make payment or otherwise render perfor-
mance to the debtor, and with respect to any
property that secures the obligations of the
account debtor or other person obligated on
the collateral;
RIWKRVHSHUVRQVNQRZQQRWWREHTXDOLÀHGE\  G,ILWKROGVDVHFXULW\LQWHUHVWLQDGHSRVLW
ODZWRVHUYHDVMXURUVVKDOOEHGHOHWHG7KH account perfected by control under ORS
UHPDLQLQJQDPHVVKDOOFRQVWLWXWHWKHMXU\OLVW DPD\DSSO\WKHEDODQFHRIWKH
The preliminary jury list and jury list may deposit account to the obligation secured by
EHPDGHE\PHDQVRIHOHFWURQLFHTXLSPHQW the deposit account; and
>$PHQGHGE\F†F†
F†@  H,ILWKROGVDVHFXULW\LQWHUHVWLQDGHSRVLW
account perfected by control under ORS
ERUFPD\LQVWUXFWWKHEDQNWR
pay the balance of the deposit account to or for
Chapter 79 WKHEHQHÀWRIWKHVHFXUHGSDUW\
SECURED TRANSACTIONS
Perfection and Priority
79.0303 UCC 9-303. Law governing perfec-
tion and priority of security interests in goods
 ,IQHFHVVDU\WRHQDEOHDVHFXUHGSDUW\
to exercise under subsection (1)(c) of this sec-
tion the right of a debtor to enforce a mortgage
nonjudicially, the secured party may record in
WKHRIÀFHLQZKLFKDUHFRUGRIWKHPRUWJDJHLV
UHFRUGHGWKHVHFXUHGSDUW\·VVZRUQDIÀGDYLW
with a copy of the security agreement attached
FRYHUHGE\DFHUWLÀFDWHRIWLWOH7KLVVHFWLRQ
DSSOLHVWRJRRGVFRYHUHGE\DFHUWLÀFDWHRIWLWOH
even if there is no other relationship between
WKHMXULVGLFWLRQXQGHUZKRVHFHUWLÀFDWHRIWLWOH
the goods are covered and the goods or the
GHEWRU
WKHUHWR7KHDIÀGDYLWVKDOOEHLQUHFRUGDEOH
IRUPDQGVWDWHWKDW
(a) A default has occurred with respect to
the obligation secured by the mortgage; and
(b) The secured party is entitled to enforce
WKHPRUWJDJHQRQMXGLFLDOO\
 *RRGVEHFRPHFRYHUHGE\DFHUWLÀFDWHRI
WLWOHZKHQDYDOLGDSSOLFDWLRQIRUWKHFHUWLÀFDWH
of title and the applicable fee are delivered to
WKHDSSURSULDWHDXWKRULW\*RRGVFHDVHWREH
FRYHUHGE\DFHUWLÀFDWHRIWLWOHDWWKHHDUOLHU
RIWKHWLPHWKHFHUWLÀFDWHRIWLWOHFHDVHVWREH
effective under the law of the issuing juris-
diction or the time the goods become covered
(3) A secured party shall proceed in a com-
mercially reasonable manner if the secured
SDUW\
(a) Undertakes to collect from or enforce an
obligation of an account debtor or other person
obligated on collateral; and
VXEVHTXHQWO\E\DFHUWLÀFDWHRIWLWOHLVVXHGE\
DQRWKHUMXULVGLFWLRQ
(3) The local law of the jurisdiction under
ZKRVHFHUWLÀFDWHRIWLWOHWKHJRRGVDUHFRYHUHG
 E,VHQWLWOHGWRFKDUJHEDFNXQFROOHFWHGFRO-
lateral or otherwise to full or limited recourse
DJDLQVWWKHGHEWRURUDVHFRQGDU\REOLJRU

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(4) A secured party may deduct from the (b) By communicating to the purchaser a
collections made pursuant to subsection (3) of record evidencing the contract for disposition
this section reasonable expenses of collection and including an express disclaimer or modi-
and enforcement, including reasonable attor- ÀFDWLRQRIWKHZDUUDQWLHV
ney fees and legal expenses incurred by the
VHFXUHGSDUW\
(5) This section does not determine whether
an account debtor, bank or other person obli-
gated on collateral owes a duty to a secured
SDUW\>F†F†@
79.0609 UCC 9-609. Secured party’s right
 $UHFRUGLVVXIÀFLHQWWRGLVFODLPZDU-
ranties under subsection (5) of this section if
it indicates “There is no warranty relating to
title, possession, quiet enjoyment or the like
LQWKLVGLVSRVLWLRQµRUXVHVZRUGVRIVLPLODU
LPSRUW>F†@
79.0611 UCC 9-611. 1RWLÀFDWLRQEHIRUH
WR WDNH SRVVHVVLRQ DIWHU GHIDXOW  $IWHU GLVSRVLWLRQRIFROODWHUDO$VXVHGLQWKLV
GHIDXOWDVHFXUHGSDUW\ VHFWLRQ´QRWLÀFDWLRQGDWHµPHDQVWKHHDUOLHU
(a) May take possession of the collateral; RIWKHGDWHRQZKLFK
and (a) A secured party sends to the debtor and
(b) Without removal, may render equipment any secondary obligor an authenticated noti-
unusable and dispose of collateral on a debtor’s ÀFDWLRQRIGLVSRVLWLRQRU
SUHPLVHVXQGHU256 (b) The debtor and any secondary obligor
(2) A secured party may proceed under sub- ZDLYHWKHULJKWWRQRWLÀFDWLRQ
VHFWLRQRIWKLVVHFWLRQ  ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
(a) Pursuant to judicial process; or tion (4) of this section, a secured party that
GLVSRVHVRIFROODWHUDOXQGHU256VKDOO
(b) Without judicial process, if it proceeds VHQGWRWKHSHUVRQVVSHFLÀHGLQVXEVHFWLRQ
ZLWKRXWEUHDFKRIWKHSHDFH of this section a reasonable authenticated noti-
  ,I VR DJUHHG DQG LQ DQ\ HYHQW DIWHU
default, a secured party may require the debtor
to assemble the collateral and make it available
to the secured party at a place to be designated
by the secured party which is reasonably con-
YHQLHQWWRERWKSDUWLHV>F†@
79.0610 UCC 9-610. Disposition of collat-
ÀFDWLRQRIGLVSRVLWLRQ
(3) To comply with subsection (2) of this
section, the secured party shall send an
DXWKHQWLFDWHGQRWLÀFDWLRQRIGLVSRVLWLRQWR
(a) The debtor;
(b) Any secondary obligor; and
HUDODIWHUGHIDXOW$IWHUGHIDXOWDVHFXUHG
party may sell, lease, license or otherwise dis-
pose of any or all of the collateral in its present
condition or following any commercially rea-
VRQDEOHSUHSDUDWLRQRUSURFHVVLQJ
 F,IWKHFROODWHUDOLVRWKHUWKDQFRQVXPHU
JRRGV
(A) Any other person from which the secured
SDUW\KDVUHFHLYHGEHIRUHWKHQRWLÀFDWLRQGDWH
DQDXWKHQWLFDWHGQRWLÀFDWLRQRIDFODLPRIDQ
 (YHU\DVSHFWRIDGLVSRVLWLRQRIFROODWHUDO
including the method, manner, time, place and
RWKHUWHUPVPXVWEHFRPPHUFLDOO\UHDVRQDEOH
,IFRPPHUFLDOO\UHDVRQDEOHDVHFXUHGSDUW\
may dispose of collateral by public or private
proceedings, by one or more contracts, as a
unit or in parcels, and at any time and place
interest in the collateral;
(B) Any other secured party or lienholder
WKDWGD\VEHIRUHWKHQRWLÀFDWLRQGDWHKHOG
a security interest in or other lien on the col-
ODWHUDOSHUIHFWHGE\WKHÀOLQJRIDÀQDQFLQJ
VWDWHPHQWWKDW
DQGRQDQ\WHUPV  L,GHQWLÀHGWKHFROODWHUDO
 $VHFXUHGSDUW\PD\SXUFKDVHFROODWHUDO (ii) Was indexed under the debtor’s name as
of that date; and
(a) At a public disposition; or
(b) At a private disposition only if the col-
lateral is of a kind that is customarily sold on
a recognized market or the subject of widely
GLVWULEXWHGVWDQGDUGSULFHTXRWDWLRQV
(4) A contract for sale, lease, license or other
disposition includes the warranties relating
 LLL:DVÀOHGLQWKHRIÀFHLQZKLFKWRÀOHD
ÀQDQFLQJVWDWHPHQWDJDLQVWWKHGHEWRUFRYHU-
ing the collateral as of that date; and
(C) Any other secured party that, 10 days
EHIRUHWKHQRWLÀFDWLRQGDWHKHOGDVHFXULW\
interest in the collateral perfected by com-
pliance with a statute, regulation or treaty
to title, possession, quiet enjoyment and the
like which by operation of law accompany a
voluntary disposition of property of the kind
VXEMHFWWRWKHFRQWUDFW
(5) A secured party may disclaim or modify
GHVFULEHGLQ256
(4) Subsection (2) of this section does not
apply if the collateral is perishable or threat-
ens to decline speedily in value or is of a type
FXVWRPDULO\VROGRQDUHFRJQL]HGPDUNHW
ZDUUDQWLHVXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
(5) A secured party complies with the
 D,QDPDQQHUWKDWZRXOGEHHIIHFWLYHWR UHTXLUHPHQW IRU QRWLÀFDWLRQ SUHVFULEHG E\
disclaim or modify the warranties in a volun-
tary disposition of property of the kind subject
to the contract of disposition; or
VXEVHFWLRQF%RIWKLVVHFWLRQLI
(a) Not later than 20 days or earlier than 30
GD\VEHIRUHWKHQRWLÀFDWLRQGDWHWKHVHFXUHG
party requests, in a commercially reasonable

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

PDQQHULQIRUPDWLRQFRQFHUQLQJÀQDQFLQJ does not of itself relieve the secured party of

statements indexed under the debtor’s name LWVGXWLHVXQGHUWKLVFKDSWHU>F†
LQWKHRIÀFHLQGLFDWHGLQVXEVHFWLRQF% F†@
of this section; and
(Noncompliance With Chapter)
 E%HIRUHWKHQRWLÀFDWLRQGDWHWKHVHFXUHG
SDUW\ 79.0625 UCC 9-625. Remedies for secured
(A) Did not receive a response to the request
for information; or
(B) Received a response to the request for
LQIRUPDWLRQDQGVHQWDQDXWKHQWLFDWHGQRWLÀ-
cation of disposition to each secured party or
other lienholder named in that response whose
SDUW\·VIDLOXUHWRFRPSO\ZLWKDUWLFOH,I
it is established that a secured party is not
proceeding in accordance with this chapter, a
court may order or restrain collection, enforce-
ment or disposition of collateral on appropriate
WHUPVDQGFRQGLWLRQV
ÀQDQFLQJVWDWHPHQWFRYHUHGWKHFROODWHUDO  6XEMHFWWRVXEVHFWLRQVDQGRI
>F†@ this section, a person is liable for damages in
the amount of any loss caused by a failure to
79.0612 UCC 9-612. 7LPHOLQHVVRIQRWLÀFD- FRPSO\ZLWKWKLVFKDSWHU/RVVFDXVHGE\DIDLO-
WLRQEHIRUHGLVSRVLWLRQRIFROODWHUDO([FHSW ure to comply may include loss resulting from
as otherwise provided in subsection (2) of this the debtor’s inability to obtain, or increased
VHFWLRQDQRWLÀFDWLRQRIGLVSRVLWLRQVHQWDIWHU FRVWVRIDOWHUQDWLYHÀQDQFLQJ
default and 15 days or more before the earliest
WLPHRIGLVSRVLWLRQDVVHWIRUWKLQWKHQRWLÀFD-  ([FHSWDVRWKHUZLVHSURYLGHGLQ256
tion, is sent within a reasonable time before 
WKHGLVSRVLWLRQ (a) A person that, at the time of the failure,
 ,QDWUDQVDFWLRQRWKHUWKDQDFRQVXPHU was a debtor, was an obligor, or held a security
WUDQVDFWLRQDQRWLÀFDWLRQRIGLVSRVLWLRQVHQW interest in or other lien on the collateral may,
after default and 10 days or more before the in an individual action only, recover damages
earliest time of disposition set forth in the noti- under subsection (2) of this section for its loss;
ÀFDWLRQLVVHQWZLWKLQDUHDVRQDEOHWLPHEHIRUH  E,IWKHFROODWHUDOLVFRQVXPHUJRRGVD
WKHGLVSRVLWLRQ>F†@ person that was a debtor or a secondary obligor
79.0619 UCC 9-619. Transfer of record or at the time a secured party failed to comply
OHJDOWLWOH$VXVHGLQWKLVVHFWLRQ´WUDQVIHU ZLWK256WRPD\LQDQLQGL-
VWDWHPHQWµPHDQVDUHFRUGDXWKHQWLFDWHGE\D vidual action only, recover an amount not less
VHFXUHGSDUW\VWDWLQJ than $1,000; and
(a) That the debtor has defaulted in connec- (c) The court may award reasonable attorney
WLRQZLWKDQREOLJDWLRQVHFXUHGE\VSHFLÀHG fees to the prevailing party in an action under
collateral; WKLVVXEVHFWLRQ
(b) That the secured party has exercised
its post-default remedies with respect to the
collateral;
(c) That, by reason of the exercise, a trans-
feree has acquired the rights of the debtor in
the collateral; and
(d) The name and mailing address of the
VHFXUHGSDUW\GHEWRUDQGWUDQVIHUHH
(2) A transfer statement entitles the trans-
feree to the transfer of record of all rights of the
GHEWRULQWKHFROODWHUDOVSHFLÀHGLQWKHVWDWH-
PHQWLQDQ\RIÀFLDOV\VWHPIRUÀOLQJUHFRUGLQJ
or registration covering the collateral or in
DFFRUGDQFHZLWKWKHSURYLVLRQVRI256
 $GHEWRUZKRVHGHÀFLHQF\LVHOLPLQDWHG
XQGHU256PD\UHFRYHUGDPDJHVIRU
WKHORVVRIDQ\VXUSOXV+RZHYHUDGHEWRURU
VHFRQGDU\REOLJRUZKRVHGHÀFLHQF\LVHOLPL-
QDWHGRUUHGXFHGXQGHU256PD\QRW
otherwise recover under subsection (2) of this
section for noncompliance with the provisions
RI256WRUHODWLQJWRFROOHF-
WLRQHQIRUFHPHQWGLVSRVLWLRQRUDFFHSWDQFH
(5) Regarding a transaction that is a con-
sumer transaction or in which the collateral
is consumer goods, in addition to any damages
recoverable under subsection (2) of this section,
the debtor, consumer obligor, or person named
DVDGHEWRULQDÀOHGUHFRUGDVDSSOLFDEOHPD\
RU,IDWUDQVIHUVWDWH- in an individual action only, recover $500 for
ment is presented with the applicable fee and HDFKLQVWDQFHIURPDSHUVRQWKDW
UHTXHVWIRUPWRWKHRIÀFLDORURIÀFHUHVSRQVLEOH  D)DLOVWRFRPSO\ZLWK256
IRUPDLQWDLQLQJWKHV\VWHPWKHRIÀFLDORURIÀFH
VKDOO  E)DLOVWRFRPSO\ZLWK256
(a) Accept the transfer statement;  F$IWHU-XO\ÀOHVDUHFRUGWKDWWKH
SHUVRQLVQRWHQWLWOHGWRÀOHXQGHU256
 E3URPSWO\DPHQGLWVUHFRUGVWRUHÁHFWWKH (1) if the record is not released or terminated
transfer; and within 10 days after receipt by the secured
 F,IDSSOLFDEOHLVVXHDQHZDSSURSULDWH party of an authenticated request from the
FHUWLÀFDWHRIWLWOHLQWKHQDPHRIWKHWUDQVIHUHH debtor that explains the basis for the request;
(3) A transfer of the record or legal title to (d) Fails to cause the secured party of record
collateral to a secured party under subsection WR ÀOH RU VHQG D WHUPLQDWLRQ VWDWHPHQW DV
(2) of this section or otherwise is not of itself a UHTXLUHGE\256RURU
disposition of collateral under this chapter and

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

 H)DLOVWRFRPSO\ZLWK256DQG pledged or otherwise given by a motor vehicle

whose failure is part of a pattern, or consistent dealer or a transferee from the motor vehicle
ZLWKDSUDFWLFHRIQRQFRPSOLDQFH dealer to a lender as collateral security for a
 $GHEWRURUFRQVXPHUREOLJRUPD\UHFRYHU loan made to the motor vehicle dealer or trans-
damages under subsection (2) of this section IHUHHRIWKHPRWRUYHKLFOHGHDOHU
and, in addition, $500 in each case from a
person that, without reasonable cause, fails
WRFRPSO\ZLWKDUHTXHVWXQGHU256$
UHFLSLHQWRIDUHTXHVWXQGHU256ZKLFK
never claimed an interest in the collateral or
obligations that are the subject of a request
XQGHU256KDVDUHDVRQDEOHH[FXVH
for failure to comply with the request within
  ´+ROGHUµ RI D UHWDLO LQVWDOOPHQW FRQ-
tract or retail lease agreement means the
motor vehicle dealer or retail lessor of the
motor vehicle covered by the contract or lease
or, if the contract or lease is purchased or
RWKHUZLVHDFTXLUHGE\DÀQDQFLQJDJHQF\RU
RWKHUDVVLJQHHWKHÀQDQFLQJDJHQF\RURWKHU
DVVLJQHH
WKHPHDQLQJRIWKLVVXEVHFWLRQ  ´0RELOHKRPHµPHDQVDVWUXFWXUHWUDQV-
 ,IDVHFXUHGSDUW\IDLOVWRFRPSO\ZLWK
a request regarding a list of collateral or a
VWDWHPHQWRIDFFRXQWXQGHU256WKH
secured party may claim a security interest
only as shown in the list or statement included
in the request as against a person that is rea-
VRQDEO\PLVOHGE\WKHIDLOXUH>F†@
portable in one or more sections, that is eight
body feet or more in width and 32 body feet
or more in length, and that is built on a per-
manent chassis and designed to be used as a
dwelling with or without a permanent founda-
WLRQZKHQFRQQHFWHGWRWKHUHTXLUHGXWLOLWLHV
´0RELOHKRPHµLQFOXGHVWKHSOXPELQJKHDWLQJ
air conditioning and electrical systems con-
WDLQHGZLWKLQWKHVWUXFWXUH
Chapter 83  D´0RWRUYHKLFOHµRU´YHKLFOHµPHDQV
(A) A self-propelled device used for trans-
portation of person or property upon a public
RETAIL INSTALLMENT KLJKZD\
CONTRACTS
(B) A trailer, semitrailer, mobile home or
Motor Vehicles; Mobile Homes WUDLOHUKRPH
 'HÀQLWLRQVIRU256WR  E´0RWRUYHKLFOHµRU´YHKLFOHµGRHVQRW
83.680. $V XVHG LQ 256  WR  include tractors, power shovels, road machin-
H[FHSWZKHUHWKHFRQWH[WRWKHUZLVHUHTXLUHV ery, agricultural machinery, boat trailers or
other machinery not designed primarily for
 ´&DVKVDOHSULFHµPHDQVWKHSULFHIRU
which the motor vehicle dealer would sell to
the buyer, and the buyer would buy from the
motor vehicle dealer, the motor vehicle that
is covered by the retail installment contract,
if the sale were a sale for cash instead of a
highway transportation, which may be used
incidentally to transport persons or property
on a public highway, or devices that move upon
or are guided by a track or travel through the
DLU
UHWDLOLQVWDOOPHQWVDOH7KHFDVKVDOHSULFH
may include any taxes, registration, license
and other fees and charges for accessories and
their installation and for delivering, servicing,
UHSDLULQJRULPSURYLQJWKHPRWRUYHKLFOH
 ´0RWRUYHKLFOHGHDOHUµPHDQVDQ\SHUVRQ
who sells, trades, leases, displays or offers for
sale, trade, lease or exchange motor vehicles
pursuant to a retail installment contract or
retail lease agreement or who offers to nego-
tiate or purchase motor vehicles on behalf of
 ´)LQDQFHFKDUJHµPHDQVWKDWSDUWRI third parties pursuant to a retail installment
the time sale price that exceeds the aggre- FRQWUDFWRUUHWDLOOHDVHDJUHHPHQW
gate of the cash sale price, the amounts, if
any, included in a retail installment sale for  ´2IÀFLDOIHHVµPHDQVWKHÀOLQJRURWKHU
LQVXUDQFHDQGRWKHUEHQHÀWVDQGRIÀFLDOIHHV IHHVUHTXLUHGE\ODZWREHSDLGWRDSXEOLFRIÀ-
cer to perfect the interest or lien, in or on a
 D´)LQDQFLQJDJHQF\µPHDQVDSHUVRQ
engaged, in whole or in part, in purchasing or
otherwise acquiring retail installment con-
tracts or retail lease agreements from one or
PRUHPRWRUYHKLFOHGHDOHUVRUUHWDLOOHVVRUV
´)LQDQFLQJDJHQF\µLQFOXGHVEXWLVQRWOLPLWHG
motor vehicle, retained or taken by a motor
vehicle dealer under a retail installment con-
WUDFWRUUHWDLOOHDVHDJUHHPHQWDQGWRÀOHRU
record a release, satisfaction or discharge of
WKHFRQWUDFW
WRÀQDQFLDOLQVWLWXWLRQVDVGHÀQHGLQ256  ´3HUVRQµPHDQVLQGLYLGXDOSDUWQHUVKLS
DQGFRQVXPHUFUHGLWFRPSDQLHVLIVR corporation, association or other group, how-
HQJDJHG´)LQDQFLQJDJHQF\µDOVRLQFOXGHVD HYHURUJDQL]HG
motor vehicle dealer or retail lessor engaged,
in whole or in part, in the business of holding
retail installment contracts or retail lease
agreements acquired from retail buyers or
UHWDLOOHVVHHV
  ´5HWDLO EX\HUµ RU ´EX\HUµ PHDQV D
person who buys a motor vehicle from a
motor vehicle dealer and who executes a retail
LQVWDOOPHQWFRQWUDFWLQFRQQHFWLRQWKHUHZLWK
 ´5HWDLOLQVWDOOPHQWFRQWUDFWµRU´FRQ-
 E´)LQDQFLQJDJHQF\µGRHVQRWLQFOXGHWKH WUDFWµPHDQVDQDJUHHPHQWHQWHUHGLQWRLQWKLV
pledgee or other holder of more than one retail state, pursuant to which the title to, the prop-
installment contract or retail lease agreement erty in or a lien upon a motor vehicle, which

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
is the subject matter of a retail installment
sale, is retained or taken by a motor vehicle
dealer from a retail buyer as security, in whole
RULQSDUWIRUWKHEX\HU·VREOLJDWLRQ´5HWDLO
LQVWDOOPHQWFRQWUDFWµRU´FRQWUDFWµLQFOXGHVD
chattel mortgage, a conditional sales contract
and a contract for the bailment or leasing of
a motor vehicle by which the bailee or lessee
contracts to pay as compensation for its use a
sum substantially equivalent to or in excess
of its value and by which it is agreed that the
bailee or lessee is bound to become, or for no
other or for a merely nominal consideration has
 
description of the motor vehicle including its
PDNH\HDUPRGHOPRGHODQGLGHQWLÀFDWLRQ
numbers or marks, and shall be signed by the
EX\HUDQGWKHPRWRUYHKLFOHGHDOHU
(2) The printed portion of the contract shall
EHLQDWOHDVWSRLQWW\SH7KHFRQWUDFWVKDOO
contain in printing or writing of a size equal
WRDWOHDVWSRLQWEROGW\SHWKHIROORZLQJ
(a) Both at the top of the contract and
directly above the space reserved for the
VLJQDWXUHRIWKHEX\HUWKHZRUGV´5(7$,/
,167$//0(17&2175$&7µ
the option of becoming, the owner of the motor  E$VSHFLÀFVWDWHPHQWWKDWOLDELOLW\LQVXU-
vehicle upon full compliance with the terms of ance coverage for bodily injury and property
WKHFRQWUDFW damage caused to others is not included, if that
 D´5HWDLOLQVWDOOPHQWVDOHµRU´VDOHµ is the case; and
means a sale of a motor vehicle by a motor
vehicle dealer to a retail buyer for a time sale
price payable in one or more installments, pay-
ment of which is secured by a retail installment
FRQWUDFW´5HWDLOLQVWDOOPHQWVDOHµRU´VDOHµ
includes a bailment or leasing as described in
 F7KHIROORZLQJQRWLFH
___________________________________
127,&(727+(%8<(5
Do not sign this contract before you read it
VXEVHFWLRQRIWKLVVHFWLRQ RULILWFRQWDLQVDQ\EODQNVSDFHH[FHSWWKDW
 E´5HWDLOLQVWDOOPHQWVDOHµRU´VDOHµGRHV  ,IGHOLYHU\RIWKHPRWRUYHKLFOHRUPRELOH
not include a sale of a motor vehicle for resale home is to be made to you after this contract
LQWKHRUGLQDU\FRXUVHRIWKHEX\HU·VEXVLQHVV is signed, the serial number or other identify-
LQJLQIRUPDWLRQDQGWKHGXHGDWHRIWKHÀUVW
 ´5HWDLOOHDVHµPHDQVDOHDVHRIDPRWRU LQVWDOOPHQWPD\EHÀOOHGLQDWWKHWLPHRIGHOLY-
vehicle by a retail lessor to a retail lessee, ery; and
payment of which is secured by a retail lease
DJUHHPHQW´5HWDLOOHDVHµGRHVQRWLQFOXGH  ,IWKHQDPHRIWKHÀQDQFLQJDJHQF\LVQRW
a lease that constitutes a retail installment known at the time the contract is executed, the
FRQWUDFW QDPHRIWKHÀQDQFLQJDJHQF\PD\EHLQVHUWHG
in the contract on or about the date the name
 ´5HWDLOOHDVHDJUHHPHQWµPHDQVDQ
agreement entered into in this state between
a retail lessor and a retail lessee for the lease
RIDPRWRUYHKLFOH7KHDJUHHPHQWVKDOOEHLQ
the form of a bailment or lease for the use of
a motor vehicle by an individual for personal,
family or household purposes, whether or not
the retail lessee has the option to purchase
or otherwise become the owner of the motor
YHKLFOHDWWKHH[SLUDWLRQRIWKHOHDVH
RIWKHÀQDQFLQJDJHQF\LVNQRZQ
 <RXDUHHQWLWOHGWRDFRS\RIWKLVFRQWUDFW
You have the right to pay off in advance the
full amount due and to obtain a partial refund
RIWKHÀQDQFHFKDUJH
___________________________________
(3) The contract shall contain the following
LWHPV
 ´5HWDLOOHVVHHµPHDQVDSHUVRQZKR (a) The cash sale price of the motor vehicle
leases a motor vehicle from a retail lessor by which is the subject matter of the retail install-
HQWHULQJLQWRDUHWDLOOHDVHDJUHHPHQW PHQWVDOH
 ´5HWDLOOHVVRUµPHDQVDPRWRUYHKLFOH
dealer who transfers an interest in or supplies
a motor vehicle to a retail lessee, regardless
of whether or not the motor vehicle dealer is
LGHQWLÀHGDVWKHUHWDLOOHVVRURQWKHUHWDLOOHDVH
DJUHHPHQW
(b) The amount of the buyer’s down payment,
itemizing the amounts, if any, paid or credited
in money or in goods and containing a brief
GHVFULSWLRQRIWKHJRRGVWUDGHGLQ
(c) The difference between the items set forth
LQSDUDJUDSKVDDQGERIWKLVVXEVHFWLRQ
 ´7LPHVDOHSULFHµPHDQVWKHDJJUHJDWH
of the cash sale price of the motor vehicle, the
amount, if any, included for insurance and
RWKHUEHQHÀWVRIÀFLDOIHHVDQGWKHÀQDQFH
FKDUJH>F†F†
F†DF†F†
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83.520 Form and contents of retail
installment contract. (1) A retail install-
(d) The amount, if any, included for insur-
ance and other benefits, specifying the
FRYHUDJHVDQGEHQHÀWV)RUSXUSRVHVRIWKLV
SDUDJUDSK ´RWKHU EHQHILWVµ LQFOXGHV DQ\
amounts actually paid or to be paid by the
motor vehicle dealer pursuant to an agreement
with the buyer to discharge a security interest,
OLHQRUOHDVHLQWHUHVWRQSURSHUW\WUDGHGLQ
ment contract shall be in writing, shall contain  H7KHDPRXQWLIDQ\RIRIÀFLDOIHHV
all the agreements of the parties, shall contain (f) The principal balance, which is the sum
the names of the motor vehicle dealer and the of the items set forth in paragraphs (c), (d) and
buyer, the place of business of the motor vehi- HRIWKLVVXEVHFWLRQ
cle dealer, the residence or place of business
RIWKHEX\HUDVVSHFLÀHGE\WKHEX\HUDQGD  J7KHDPRXQWRIWKHÀQDQFHFKDUJH

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(h) The time balance, which is the sum of 256WRDQGWR

the items set forth in paragraphs (f) and (g) of a motor vehicle dealer, in a retail installment
WKLVVXEVHFWLRQ contract, may contract for and charge, receive
 L7KHWLPHVDOHSULFH
(j) A plain and concise statement of the
amount in dollars of each installment or future
payment to be made by the buyer, the number
of installments required, and the date or dates
at which, or period or periods in which, the
LQVWDOOPHQWVDUHGXH
(4) The contract may contain additional
items to explain the calculations involved in
DQGFROOHFWDÀQDQFHFKDUJHFRPSXWHGE\WKH
DFWXDULDOPHWKRG
(2) When a retail installment contract pro-
YLGHVIRUDÀQDQFHFKDUJHFRPSXWHGE\WKH
DFWXDULDOPHWKRG
(a) The retail installment contract may pro-
vide for any other charge, cost or fee allowed
XQGHU256WRDQGWR
LQDGGLWLRQWRWKHÀQDQFHFKDUJH
determining the stated time balance to be paid  E7KHDPRXQWWREHGLVFORVHGDVWKHÀQDQFH
E\WKHEX\HU>F††F FKDUJHDQGXVHGDVWKHÀQDQFHFKDUJHFRPSR-
†F†F†F†@ nent of the other amounts disclosed pursuant
83.530 Filling blanks. ([FHSWDVSUR-
vided in subsection (2) of this section, a retail
installment contract shall not be signed by
any party to the contract when the contract
FRQWDLQVEODQNVSDFHVWREHÀOOHGLQDIWHUWKH
FRQWUDFWLVH[HFXWHG
(2) A retail installment contract may be
signed by any party to the contract when the
FRQWUDFWFRQWDLQVEODQNVSDFHVWREHÀOOHGLQ
after the contract is executed under the follow-
LQJFRQGLWLRQV LÀHGGDWHHDFKPRQWKDQG
WR256WRDQGWR
VKDOOEHWKHDPRXQWRIWKHÀQDQFHFKDUJHWREH
paid assuming all payments are made exactly
DVDJUHHG
(c) The retail installment contract for the
sale of a mobile home may provide that the
holder may refuse to accept prepayments of
less than the entire amount owed under the
UHWDLOLQVWDOOPHQWFRQWUDFWLIWKHSUHSD\PHQWV
(A) Are tendered on dates other than a spec-
 D,IGHOLYHU\RIWKHPRWRUYHKLFOHLVQRW
made at the time of execution, the identifying
numbers or marks of the motor vehicle or sim-
LODULQIRUPDWLRQDQGWKHGXHGDWHRIWKHÀUVW
installment may be inserted in the contract on
RUDERXWWKHGDWHRIGHOLYHU\
(B) Are not in amounts equal to the prin-
cipal portion of one or more of the earliest
XQPDWXUHGPRQWKO\LQVWDOOPHQWV
(d) The contract shall contain the following
notice in printing or writing of a size equal to
at least 10-point bold type, in lieu of the notice
 E,IWKHQDPHRIWKHÀQDQFLQJDJHQF\LVQRW
known at the time the contract is executed, the
QDPHRIWKHÀQDQFLQJDJHQF\PD\EHLQVHUWHG
in the contract on or about the date the name
RIWKHÀQDQFLQJDJHQF\LVNQRZQ>F
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127,&(727+(%8<(5
Do not sign this contract before you read it
RULILWFRQWDLQVDQ\EODQNVSDFHH[FHSWWKDW
83.540 Delivery of copy of contract to
buyer. The motor vehicle dealer shall deliver
to the buyer, or mail to the buyer at the address
shown on the contract, a copy of the contract
VLJQHGE\WKHPRWRUYHKLFOHGHDOHU8QWLOWKH
motor vehicle dealer does so, a buyer who has
not received delivery of the motor vehicle shall
 ,IGHOLYHU\RIWKHPRWRUYHKLFOHRUPRELOH
home is to be made to you after this contract
is signed, the serial number or other identify-
LQJLQIRUPDWLRQDQGWKHGXHGDWHRIWKHÀUVW
LQVWDOOPHQWPD\EHÀOOHGLQDWWKHWLPHRIGHOLY-
ery; and
have an unconditional right to cancel the con-
tract and to receive immediate refund of any
amount paid and redelivery of all goods deliv-
ered or traded in to the motor vehicle dealer on
DFFRXQWRIRULQFRQWHPSODWLRQRIWKHFRQWUDFW
An acknowledgment by the buyer of delivery
of a copy of the contract shall be printed or
written in a size equal to at least 10-point bold
type and, if contained in the contract, shall
also appear directly above the legend required
 ,IWKHQDPHRIWKHÀQDQFLQJDJHQF\LVQRW
known at the time the contract is executed, the
QDPHRIWKHÀQDQFLQJDJHQF\PD\EHLQVHUWHG
in the contract on or about the date the name
RIWKHÀQDQFLQJDJHQF\LVNQRZQ
 <RXDUHHQWLWOHGWRDFRS\RIWKLVFRQWUDFW
You have the right to pay in advance the
full amount due and if you do so you may save
DSRUWLRQRIWKHÀQDQFHFKDUJH
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83.560 Finance charge. A motor vehicle
dealer may, in a retail installment contract,
contract for and charge, receive and collect a
ÀQDQFHFKDUJHDJUHHGXSRQE\WKHPRWRUYHKL-
FOHGHDOHUDQGEX\HU>F††
F†F†F†@
83.565 Finance charge computed by
actuarial method; requirements; notice.
(1) Notwithstanding any other provision of
Miscellaneous Laws 3DJH
(e) The refund credit provisions of ORS
VKDOOQRWDSSO\>F†
F†F†@
83.580 Insurance. (1) The amount, if any,
included for automobile insurance, shall not
exceed the premiums chargeable in accordance
ZLWKUDWHÀOLQJVPDGHE\WKHLQVXUHUZLWKWKH
Director of the Department of Consumer and
%XVLQHVV6HUYLFHVIRUVXFKLQVXUDQFH
(2015 Edition)
 MISCELLANEOUS LAWS  

(2) The amount, if any, included for life, 83.610 Delivery to buyer of instrument
health and accident or other insurance, other indicating full payment; release of secu-
than automobile insurance, shall not exceed rity. After the payment of all sums for which
WKHSUHPLXPVFKDUJHGE\WKHLQVXUHU the buyer is obligated under a retail install-
 ([FHSWDVSURYLGHGLQ256WKH
PRWRUYHKLFOHGHDOHURUÀQDQFLQJDJHQF\LI
an amount for automobile or other insurance
on the motor vehicle is included in a retail
installment contract, shall within 30 days after
execution of the retail installment contract
send or cause to be sent to the buyer a policy
RUSROLFLHVRUFHUWLÀFDWHRILQVXUDQFHZULWWHQ
by an insurance company authorized to do
business in this state, clearly setting forth the
amount of the premium, the kind or kinds of
insurance and the scope of the coverage and all
the terms, exceptions, limitations, restrictions
and conditions of the contract or contracts of
LQVXUDQFH7KHEX\HURIDPRWRUYHKLFOHXQGHU
a retail installment contract shall have the
privilege of purchasing such insurance from
an insurance producer of the selection of the
buyer and of selecting an insurance com-
pany acceptable to the motor vehicle dealer;
provided, however, that the inclusion of the
insurance premium in the retail installment
contract when the buyer selects the insurance
ment contract or other security agreement,
DVGHÀQHGLQ256DQGXSRQZULWWHQ
demand made by the buyer, the holder of such
contract or agreement shall mail to the buyer
at the buyer’s last-known address, good and
VXIÀFLHQWLQVWUXPHQWVWRLQGLFDWHSD\PHQWLQ
full and to release all security in the motor
YHKLFOH7KLVVHFWLRQLVVXSSOHPHQWDU\WRDQG
LVQRWUHVWULFWLYHRI256DQG
RURI256FKDSWHU>F†
F†F†F
†F†@
83.620 Voluntary prepayment by buyer;
refund. (1) Notwithstanding the provisions of
a retail installment contract to the contrary,
the buyer may pay in full at any time before
maturity the obligation contained in the retail
LQVWDOOPHQWFRQWUDFW8SRQWKHSUHPDWXUHSD\-
PHQWWKHEX\HUVKDOOUHFHLYHDUHIXQGFUHGLW
The amount of the refund credit shall not be
OHVVWKDQWKHWRWDOÀQDQFHFKDUJHWRPDWXULW\
provided for in the contract, less the greater
RI
producer or company, shall be optional with the  D7HQSHUFHQWRIWKHDPRXQWÀQDQFHGRU
motor vehicle dealer and in such case the motor $75, whichever is less; or
YHKLFOHGHDOHURUÀQDQFLQJDJHQF\VKDOOKDYH
no obligation to send, or cause to be sent, to  E(LWKHURIWKHIROORZLQJDWWKHGLVFUHWLRQ
WKHEX\HUWKHSROLF\RUFHUWLÀFDWHRILQVXUDQFH RIWKHPRWRUYHKLFOHGHDOHURUKROGHU
 ,IDQLQVXUDQFHSROLF\RUFHUWLÀFDWHWKDW
was obtained for an amount included in the
retail installment contract is canceled, the
unearned insurance premium refund received
by the holder of the contract shall be cred-
ited to the last maturing installments of the
retail installment contract except to the extent
applied toward payment for similar insurance
protecting the interests of the buyer or of the
EX\HUDQGWKHKROGHURIWKHFRQWUDFW>
F†F†F†
 $7KHÀQDQFHFKDUJHHDUQHGWRWKHGDWHRI
prepayment, computed by applying the effec-
tive rate on the contract to the actual principal
balances outstanding, for the periods of time
VXFKEDODQFHVZHUHDFWXDOO\RXWVWDQGLQJ,Q
determining the effective rate, the holder may
apply to the scheduled payments the actuarial
method by which each scheduled payment is
DSSOLHGÀUVWWRWKHDFFUXHGDQGXQSDLGÀQDQFH
charges and any amount remaining is applied
WRWKHUHGXFWLRQRIWKHSULQFLSDOEDODQFH
F†@
83.590 Delinquency and collection
charges. The holder of a retail installment
contract, if the contract so provides, may col-
lect a delinquency charge on each installment
LQGHIDXOWIRUDSHULRGRIGD\VRUORQJHU
The delinquency charge for any installment
VKDOOQRWH[FHHGÀYHSHUFHQWRIWKHGHOLQTXHQW
LQVWDOOPHQW,QDGGLWLRQWRWKHGHOLQTXHQF\
charge, the retail installment contract may
provide for the payment of reasonable collec-
WLRQFRVWV7KHFROOHFWLRQFRVWVPD\LQFOXGHWKH
payment of reasonable attorney fees, if the con-
tract is referred to an attorney not a salaried
employee of the holder of the contract for col-
OHFWLRQSOXVWKHFRXUWFRVWVDQGGLVEXUVHPHQWV
>F†F†@
83.600 Schedule of payments; receipts.
Upon written request from the buyer, the
holder of a retail installment contract shall
give or forward to the buyer a written state-
ment of the dates and amounts of payments
made and the total amount unpaid on the con-
WUDFW$EX\HUVKDOOEHJLYHQDZULWWHQUHFHLSW
IRUDQ\SD\PHQWZKHQPDGHLQFDVK>
F†@
Miscellaneous Laws 3DJH
 %7KHÀQDQFHFKDUJHHDUQHGWRWKHLQVWDOO-
ment due date nearest the date of prepayment,
computed by applying the effective rate on the
contract to the actual principal balances out-
standing, for the periods of time the balances
ZHUHDFWXDOO\RXWVWDQGLQJ)RUSXUSRVHVRI
rebate computations under this subparagraph,
the installment due date preceding the date of
prepayment shall be considered to be nearest
if prepayment occurs 15 days or less after that
LQVWDOOPHQWGDWH,ISUHSD\PHQWRFFXUVPRUH
than 15 days after the preceding installment
due date, the next succeeding installment
due date shall be considered to be nearest to
WKHGDWHRISUHSD\PHQW,QGHWHUPLQLQJWKH
effective rate, the holder may apply to the
scheduled payments the actuarial method, by
ZKLFKHDFKVFKHGXOHGSD\PHQWLVDSSOLHGÀUVW
WRWKHDFFUXHGDQGXQSDLGÀQDQFHFKDUJHVDQG
any amount remaining is applied to reduction
RIWKHSULQFLSDOEDODQFH
(2) When the amount of the credit for prema-
ture payment is less than $2, no refund need
EHPDGH
(2015 Edition)
 MISCELLANEOUS LAWS
(3) This section does not prohibit the holder
of a retail installment contract from collect-
LQJDQ\FKDUJHFRVWRUIHHXQGHU256
>F†F†F†
F†F†@
83.630 Extension of scheduled due
date; deferment of scheduled payment;
UHÀQDQFH FKDUJH The holder of a retail
installment contract, upon agreement with
the buyer, may extend the scheduled due date
or defer the scheduled payment of all or part of
DQ\LQVWDOOPHQWRULQVWDOOPHQWV,QDQ\VXFK
case, the holder may restate the amount of
the installments and the time schedule there-
IRUDQGFROOHFWDVDUHÀQDQFHFKDUJHIRUWKH
H[WHQVLRQRUGHIHUPHQWDÁDWVHUYLFHIHHQRW
to exceed $15 and a total additional charge
on the balance being extended not exceeding
an amount equal to one-twelfth of the annual
percentage rate originally charged on the
agreement for each month the payments on
WKHDJUHHPHQWDUHEHLQJH[WHQGHGRUGHIHUUHG
>F†F†F†@
83.635 Acceptance of retail installment
contract by lender. ,IDUHWDLOLQVWDOOPHQW
contract for the purchase of a motor vehicle
PHHWV WKH UHTXLUHPHQWV RI 256  WR
DQGFRQWDLQVLQIRUPDWLRQUHTXLUHGE\
federal law to be disclosed in a retail install-
ment contract for the purchase of a motor
vehicle, the retail installment contract shall
be accepted for consideration by any lender,
except for lenders licensed and regulated under
the provisions of ORS chapter 725, to whom
application for credit relating to the retail
LQVWDOOPHQWFRQWUDFWLVPDGH>F†@
83.650 Effect of negotiation of notes on
rights against motor vehicle dealer. (1)
No retail installment contract shall require
or entail the execution, by the buyer, of any
note or series of notes, which when separately
negotiated will cut off as against third parties
any right of action or defense which the buyer
PD\KDYHDJDLQVWWKHPRWRUYHKLFOHGHDOHU
(2) The rights of a holder in due course of any
negotiable instrument executed contrary to
subsection (1) of this section are not impaired
by reason of the violation of subsection (1) of
removal outside the state of the motor vehicle
FRYHUHGE\WKHFRQWUDFW>F†@
83.670 Unenforceable contract provi-
sions. (1) No provision in a retail installment
contract for confession of judgment, power
of attorney therefor, or wage assignment is
HQIRUFHDEOH
(2) No provision in a retail installment con-
tract that authorizes a motor vehicle dealer or
holder of the contract or other person acting on
the behalf of the motor vehicle dealer or holder
to enter upon the buyer’s premises unlawfully,
or to commit any breach of the peace in the
UHSRVVHVVLRQRIDPRWRUYHKLFOHLVHQIRUFHDEOH
(3) No provision in a retail installment
contract by which the buyer waives any right
of action against the motor vehicle dealer or
holder of the contract, or other person acting on
the behalf of the motor vehicle dealer or holder,
for any illegal act committed in the collection
of payments under the contract or in the repos-
VHVVLRQRIWKHPRWRUYHKLFOHLVHQIRUFHDEOH
(4) No provision in a retail installment con-
tract by which the buyer executes a power of
attorney appointing the motor vehicle dealer or
holder of the contract, or other person acting on
the behalf of the motor vehicle dealer or holder,
as the buyer’s agent in collection of payments
under the contract or in the repossession of the
PRWRUYHKLFOHLVHQIRUFHDEOH
(5) No provision in a retail installment con-
tract relieving the motor vehicle dealer from
liability for any legal remedies that the buyer
may have had against the motor vehicle dealer
under the contract, or any separate instrument
executed in connection therewith, is enforce-
DEOH>F††F
†@
83.680 Waiver of provisions of ORS
83.510 to 83.680. Any waiver of the provisions
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Miscellaneous
 'HÀQLWLRQVIRU256DQG
83.860. $VXVHGLQ256DQG
this section, but the buyer may bring an action   ´)LQDQFLQJ DJHQF\µ ´PRWRU YHKLFOH
against the motor vehicle dealer for the recov- GHDOHUµ´UHWDLOOHDVHµ´UHWDLOOHVVHHµDQG´UHWDLO
ery of any loss or expense incurred by reason OHVVRUµKDYHWKHPHDQLQJVJLYHQWKRVHWHUPV
RIWKHYLRODWLRQRIVXEVHFWLRQRIWKLVVHFWLRQ LQ256
The buyer’s action may be joined with any other
right of action the buyer has against the motor  ´*RRGVµKDVWKHPHDQLQJIRUWKDWWHUP
vehicle dealer arising out of the installment SURYLGHGLQ256
VDOH7KHFRXUWPD\DZDUGUHDVRQDEOHDWWRUQH\
fees to the prevailing party in an action under
WKLVVHFWLRQ>F†F†
F†@
83.660 Acceleration provision. No provi-
sion in a retail installment contract by which,
in the absence of the buyer’s default, the holder
may, arbitrarily and without reasonable cause,
accelerate the maturity of any part or all of the
WLPHEDODQFHLVHQIRUFHDEOH7KLVVHFWLRQGRHV
not prohibit provisions in a retail installment
contract accelerating any part or all of the
time balance in the event of sale or transfer, or
Miscellaneous Laws 3DJH
 ´0RWRUYHKLFOHµPHDQVDPRWRUYHKLFOHDV
GHÀQHGLQ256SXUFKDVHGSULPDULO\IRU
personal, family or household purposes and not
SULPDULO\IRUEXVLQHVVRUFRPPHUFLDOSXUSRVHV
(4) A loan is made “in close connection with
DVDOHRIJRRGVRUPRWRUYHKLFOHVµLI
(a) The lender directly or indirectly controls,
is controlled by or is under common control
with the seller or motor vehicle dealer, unless
the relationship is remote and is not a factor
in the transaction;
(2015 Edition)
 MISCELLANEOUS LAWS  

(b) The lender gives a commission, rebate or to the lender, exclusive of unearned interest,
credit in any form to a seller or motor vehicle DWWKHWLPHWKHFODLPRUGHIHQVHLVDVVHUWHG
dealer who refers the borrower to the lender,
other than payment of the proceeds of the loan
jointly to the seller or motor vehicle dealer and
the borrower;
(c) The lender is related to the seller or motor
vehicle dealer by blood or marriage;
(d) The seller or motor vehicle dealer directly
 ,IDOHQGHUZKRPDNHVDORDQLQFORVH
connection with a sale of goods or motor vehi-
cles negotiates or assigns any note or other
instrument taken as evidence of the obligation
of the borrower, the holder of the note or other
instrument shall be subject to the claims or
defenses of the borrowers set forth in subsec-
and materially assists the buyer in obtaining
the loan;
(e) The seller or motor vehicle dealer pre-
pares documents that are given to the lender
and used in connection with the loan; or
WLRQRIWKLVVHFWLRQ+RZHYHUWKHOLDELOLW\RI
the holder of the note or other instrument to the
borrower shall not exceed the amount owing
to the lender exclusive of unearned interest at
WKHWLPHWKHFODLPRUGHIHQVHLVDVVHUWHG
 ,IDÀQDQFLQJDJHQF\PDNHVRUIXQGVD
(f) The lender supplies documents to the lease in close connection with a retail lease of
seller or motor vehicle dealer used by the con- DPRWRUYHKLFOHWKHÀQDQFLQJDJHQF\LVVXEMHFW
VXPHULQREWDLQLQJWKHORDQ to all claims and defenses that the retail lessee
(5) A lease is made or funded “in close con- has against the retail lessor arising out of the
QHFWLRQZLWKDUHWDLOOHDVHRIDPRWRUYHKLFOHµ retail lease, notwithstanding any agreement to
LI WKHFRQWUDU\+RZHYHUWKHÀQDQFLQJDJHQF\·V
liability to the retail lessee shall not exceed the
 D7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\ DPRXQWRZLQJWRWKHÀQDQFLQJDJHQF\H[FOX-
directly or indirectly controls, is controlled by sive of unearned interest, at the time the claim
or is under common control of the motor vehicle RUGHIHQVHLVDVVHUWHG
dealer supplying the vehicle to the retail lessee,
unless the relationship is remote and is not a  ,IDÀQDQFLQJDJHQF\WKDWPDNHVRUIXQGV
factor in the transaction; a loan in close connection with a retail lease
of a motor vehicle negotiates or assigns any
 E7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\ note or other instrument taken as evidence of
JLYHVDFRPPLVVLRQUHEDWHÀQDQFLQJUHVHUYH the obligation of the retail lessee, the holder of
or credit in any form to a motor vehicle dealer the note or other instrument shall be subject
who refers the retail lessee to the retail lessor to the claims or defenses of a retail lessee set
RUÀQDQFLQJDJHQF\RWKHUWKDQSD\PHQWRIWKH IRUWKLQVXEVHFWLRQRIWKLVVHFWLRQ+RZHYHU
proceeds of the lease; the liability of the holder of the note or other
 F7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\LV
related to the motor vehicle dealer by blood or
marriage;
(d) The motor vehicle dealer directly or
materially assists the retail lessee in obtain-
ing the lease;
(e) The motor vehicle dealer prepares doc-
uments that are given to the retail lessor or
instrument to a retail lessee shall not exceed
WKHDPRXQWRZLQJWRWKHÀQDQFLQJDJHQF\
exclusive of unearned interest at the time the
FODLPRUGHIHQVHLVDVVHUWHG>F†
F†@
83.875 Definitions for ORS 83.875,
83.880, 83.890 and 83.895. As used in ORS
DQG
ÀQDQFLQJDJHQF\DQGXVHGLQFRQQHFWLRQZLWK  ´*RRGVµKDVWKHPHDQLQJIRUWKDWWHUP
the lease; or SURYLGHGLQ256
 I7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\VXS-  ´0RWRUYHKLFOHVµPHDQVDPRWRUYHKLFOH
plies documents to the motor vehicle dealer DVGHÀQHGLQ256SXUFKDVHGSULPDU-
XVHGE\WKHUHWDLOOHVVHHLQREWDLQLQJWKHOHDVH ily for personal, family or household purposes
and not primarily for business or commercial
 &UHGLWH[WHQGHGSXUVXDQWWRDFUHGLWFDUG SXUSRVHV
issued by a lender is not a loan “in close connec-
WLRQZLWKDVDOHRIJRRGVRUPRWRUYHKLFOHVµRU  ´5HWDLOFKDUJHDJUHHPHQWµKDVWKHPHDQ-
a loan “in close connection with a retail lease LQJIRUWKDWWHUPSURYLGHGE\256
RIDPRWRUYHKLFOHµXQOHVVWKHFUHGLWFDUGLV and includes a revolving charge agreement or
issued contemporaneously with the extension FKDUJHDJUHHPHQW
RIWKHFUHGLW>F†F†@  ´5HWDLOLQVWDOOPHQWFRQWUDFWµRU´FRQ-
83.860 Applicability of claims and WUDFWµPHDQVDUHWDLOLQVWDOOPHQWFRQWUDFWIRU
defenses of borrower or lessee when WKHVDOHRIPRWRUYHKLFOHVJRRGVRUVHUYLFHV
loan made or lease funded in close con-  ´6HOOHUµLQFOXGHVDPRWRUYHKLFOHGHDOHU
nection with sale or retail lease. ,ID DVGHÀQHGLQ256
lender makes a loan in close connection with
the sale of goods or motor vehicles, the lender
is subject to all claims and defenses of the bor-
rower that the borrower as buyer has against
the seller or motor vehicle dealer arising out of
the sale, notwithstanding any agreement to the
FRQWUDU\+RZHYHUWKHOHQGHU·VOLDELOLW\WRWKH
borrower shall not exceed the amount owing
 ´6HUYLFHVµKDVWKHPHDQLQJJLYHQWKDW
WHUPLQ256>F†F
†F†@
83.880 Sale of motor vehicles, goods or
services as time sale rather than loan.
A retail installment contract or retail charge
agreement for the sale of motor vehicles, goods

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

RUVHUYLFHVFRQVWLWXWHVDERQDÀGHWLPHVDOH contract or payments should be directed to the

rather than a loan or a use of money; provided buyer of the contract at the address indicated
that if the contract covers motor vehicles, goods DERYH
or services purchased primarily for personal, ___________________________________
family or household use and not primarily for
commercial or business use, the contract also
FOHDUO\DQGVSHFLÀFDOO\GLVFORVHVERWKDFDVK
SULFHXVLQJWKHWHUP´FDVKSULFHµRU´FDVKVDOH
SULFHµDQGDGHIHUUHGSD\PHQWSULFHXVLQJ
WKHWHUP´GHIHUUHGSD\PHQWSULFHµRU´WLPH
VDOHSULFHµRULIWKHDJUHHPHQWFRPSOLHVZLWK
2567KLVVHFWLRQVKDOODSSO\QRWZLWK-
standing that the contract is intended to be
transferred, or is transferred, to a holder pur-
suant to a business relationship characterized
E\RQHRUPRUHRIWKHIROORZLQJ
(1) All or any part of the seller’s contracts
are transferred to the holder;
(2) The holder provides contract forms to the
seller and instructions for the use of the forms;
(3) The holder investigates the creditwor-
thiness of the buyer before or after the sale;
(4) The price the holder pays the seller for
the contract is more than, equal to, or less than
that which the retail buyer has contracted to
pay to the seller;
(5) The transfer to the holder takes place
concurrently with or within a short time of
the sale;
 ,IWKHFRQWUDFWLVWUDQVIHUUHGWRDKROGHU
RWKHUWKDQWKHRQHLGHQWLÀHGLQWKHQRWLFHRU
is retained by the seller, the seller shall cause
notice in writing of the name and address of the
actual holder to be delivered to the retail buyer
ZLWKLQGD\VRIWKHGHFLVLRQ>F†@
83.895 Effect of seller’s failure to pro-
vide notice. Any seller who violates ORS
VKDOOEHVXEMHFWWRWKHSURYLVLRQVFRQ-
WDLQHGLQ256>F†@
Chapter 87
STATUTORY LIENS
Possessory Chattel Liens
87.152 Possessory lien for labor or mate-
rial expended on chattel. A person who
makes, alters, repairs, transports, stores, pas-
tures, cares for, provides services for, supplies
materials for or performs labor on a chattel at
the request of the owner or lawful possessor
of the chattel has a lien on that chattel in the
 7KHWUDQVIHULVZLWKRUZLWKRXWUHFRXUVH
to the seller; or
(7) The seller purchases services or borrows
PRQH\IURPWKHKROGHU>F†
F†F†@
possession of the person for the reasonable or
agreed charges for labor, materials or services
of the person, and the person may retain pos-
session of the chattel until those charges are
SDLG>F†@
83.885 Sale of motor vehicles, personal
property or services for business or com-
mercial purposes as time sale rather than
loan. A retail installment contract for the sale
of motor vehicles, other personal property or
services purchased primarily for business or
commercial purposes, which discloses both
a cash price and a deferred payment or time
SULFHFRQVWLWXWHVDERQDÀGHWLPHVDOHUDWKHU
than a loan or use of money, notwithstanding
that the contract is intended to be transferred,
or is transferred, to a holder pursuant to a
EXVLQHVVUHODWLRQVKLSKRZHYHUFKDUDFWHUL]HG
>F†@
83.890 Notice required in contract
when seller intends to transfer con-
87.156 Innkeeper’s lien. ([FHSWDV
provided in subsection (2) of this section, the
keeper of an inn, hotel or motel has a lien on
the chattels brought into the inn, hotel or motel
belonging to or under the control of a guest or
boarder for the reasonable or agreed charges
due the keeper from the guest or boarder for
accommodation, board and lodging, services,
money, labor and materials furnished at the
UHTXHVWRIWKHJXHVWRUERDUGHUE\WKHNHHSHU
The keeper may retain possession of the chat-
WHOVXQWLOWKRVHFKDUJHVDUHSDLG
(2)(a) The keeper may not retain prescription
or nonprescription medications, medical equip-
ment or apparatus, food or children’s clothing
or accessories after the guest or boarder
UHTXHVWVUHWXUQRIWKHSURSHUW\
tract. ,IWKHVHOOHULQWHQGVWRWUDQVIHUWKH
retail installment contract to a holder, who  E,IWKHNHHSHUUHWDLQVSURSHUW\LQYLRODWLRQ
has agreed with the seller to collect payments of this subsection, the keeper waives any claim
directly from the retail buyer, the contract WRXQSDLGFKDUJHVDJDLQVWWKHJXHVWRUERDUGHU
shall contain the following notice which shall  F,QDQ\DFWLRQEURXJKWE\WKHJXHVWRU
be in at least 8-point type, or elite typewriter boarder to compel the return of the property
type, and be located on the same side of the or to recover damages based on its retention,
SDJHDVWKHFXVWRPHU·VVLJQDWXUH WKHSUHYDLOLQJSDUW\PD\UHFRYHUDWWRUQH\IHHV
___________________________________ >F†F†F†@
 127,&(7KHVHOOHULQWHQGVWRVHOOWKLV 87.162 Landlord’s lien. ([FHSWDVSURYLGHG
contract to (insert name and mailing address LQ256DQGDODQGORUGKDVD
of holder) which, if it buys the contract, will lien on all chattels, except wearing apparel as
become the owner of the contract and your GHÀQHGLQ256RZQHGE\DWHQDQWRU
FUHGLWRU$IWHUWKHVDOHRIWKLVFRQWUDFWDOO occupant legally responsible for rent, brought
questions concerning either terms of the upon the leased premises, to secure the pay-
ment of rent and such advances as are made on

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

EHKDOIRIWKHWHQDQW7KHODQGORUGPD\UHWDLQ LVIRURWKHUWKDQWKHVWRUDJHRIDFKDWWHO
the chattels until the amount of rent and if the lien claimant incurs expenses in stor-
DGYDQFHVLVSDLG>F†F ing the chattel prior to foreclosure, the lien
†F†@ claimant may charge reasonable fees for the
87.166 Attachment of liens. ([FHSWDV
provided in subsection (2) of this section, the
OLHQVFUHDWHGE\256WRDWWDFKWR
WKHFKDWWHOVGHVFULEHGLQWKRVHVHFWLRQVZKHQ to recover storage fees for storage expenses
(a) The services or labor are performed or
the materials or money are furnished by the
lien claimant to the lien debtor; and
(b) The charges for the services or labor per-
formed and materials or money furnished are
due and the lien debtor either knows or should
UHDVRQDEO\NQRZWKDWWKHFKDUJHVDUHGXH
storage of the chattel for a period not exceed-
ing six months from the date that the lien
DWWDFKHVWRWKHFKDWWHO$OLHQFODLPDQWVHHNLQJ
incurred prior to foreclosure shall send a writ-
ten notice, within 20 days from the date that
the storage fees began to accrue, to the lien
debtor and every other person that requires
QRWLÀFDWLRQXQGHU2567KHFODLPDQW
VKDOOWUDQVPLWWKHQRWLFHE\FHUWLÀHGPDLO$
SHUVRQQRWLÀHGXQGHU256QHHGQRW
receive the notice within the 20-day period, but
ZLWKLQDUHDVRQDEOHWLPH,IWKHOLHQFODLPDQW
 7KHOLHQFUHDWHGE\256DWWDFKHV
to the chattels described in that section on
the 20th day after rents or advances occur or
attaches when the occupant or tenant attempts
to remove the chattels from the premises while
WKHUHDUHXQSDLGUHQWVRUDGYDQFHV$SHUVRQ
FODLPLQJDOLHQXQGHU256PD\WDNHWKH
fails to comply with the notice requirements
of this subsection, the lien claimant is limited
to recovering reasonable fees for the storage of
the chattel prior to foreclosure for a period of
time not exceeding 20 days from the date that
WKHOLHQDWWDFKHGWRWKHFKDWWHO
chattels subject to that lien into the possession
of the person when the lien attaches or at any
WLPHWKHUHDIWHU>F†@
87.172 Time period before foreclosure
 :KHQWKHOLHQFODLPHGXQGHU256
WRLVIRUWKHVWRUDJHRIDFKDWWHOWKHOLHQ
claimant shall send a written notice stating
that storage fees are accruing, within 20 days
after the chattel has been placed in storage,
allowed. ([FHSWDVRWKHUZLVHSURYLGHGLQ
this section, a person claiming a lien under
256WRPXVWUHWDLQWKHFKDWWHO
WKDWLVVXEMHFWWRWKHOLHQIRUDWOHDVWGD\V
after the lien attaches to the chattel before
IRUHFORVLQJWKHOLHQ
to the lien debtor and every other person that
UHTXLUHVQRWLÀFDWLRQXQGHU2567KH
FODLPDQWVKDOOWUDQVPLWWKHQRWLFHE\FHUWLÀHG
PDLO$SHUVRQQRWLÀHGXQGHU256QHHG
not receive the notice within the 20-day period,
EXWZLWKLQDUHDVRQDEOHWLPH,IWKHFODLPDQW
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVXE-
section, a person claiming a lien under ORS
IRUFRVWRIFDUHPDWHULDOVDQGVHUYLFHV
bestowed on an animal must retain the animal
for at least 30 days after the lien attaches to
WKHDQLPDOEHIRUHIRUHFORVLQJWKHOLHQ,IWKH
lien is for veterinary services to a domestic
animal, the person must retain the animal for
DWOHDVWÀYHGD\VDIWHUWKHOLHQDWWDFKHVWRWKH
DQLPDOEHIRUHIRUHFORVLQJWKHOLHQ$VXVHGLQ
WKLVVXEVHFWLRQ´GRPHVWLFDQLPDOµPHDQVDQ
DQLPDOWKDWLVQRWOLYHVWRFNDVGHÀQHGLQ256
DQGIRUZKLFKWKHYHWHULQDU\VHUYLFHV
were requested by an owner or other person
with apparent authority regarding care of the
DQLPDO
(3) A person claiming a lien under ORS
 IRU WKH FRVW RI UHPRYLQJ WRZLQJ RU
storage of a vehicle that is appraised by a
SHUVRQZKRKROGVDFHUWLÀFDWHLVVXHGXQGHU
256WRKDYHDYDOXHRI are awarded against the chattel on account of
(a) $1,000 or less but more than $500, must
retain the vehicle at least 30 days after the lien
attaches to the vehicle before foreclosing the
fails to comply with the notice requirements of
this subsection, the amount of the claimant’s
lien shall be limited to a sum equal to the rea-
sonable storage expenses incurred within the
GD\SHULRG>F†F†@
87.177 Bond or deposit of money for lien
for storage of chattel; amount; notice to
OLHQFODLPDQWÀOLQJDIÀGDYLWZLWKFRXQW\
RIÀFHU(1) When a lien claimed under ORS
WRLVIRUWKHVWRUDJHRIDFKDWWHO
and the amount of the lien claimed is $750 or
more, the lien debtor, or any other interested
SHUVRQPD\ÀOHZLWKWKHUHFRUGLQJRIÀFHURI
the county in which the lien claimant obtained
possession of the chattel subject to the lien
from the lien debtor a bond executed by a corpo-
ration authorized to issue surety bonds in the
State of Oregon to the effect that the principal
or principals on the bond shall pay the amount
of the claim and all costs and attorney fees that
WKHOLHQ7KHERQGVKDOOEHLQDQDPRXQWQRW
less than 200 percent of the amount claimed
XQGHUWKHOLHQIRUWKHVWRUDJHRIWKHFKDWWHO
OLHQ
(b) $500 or less, must retain the vehicle at
least 15 days after the lien attaches to the vehi-
FOHEHIRUHIRUHFORVLQJWKHOLHQ>F†
F†F†F†
F†F†F†
F†@
87.176 Fees for storage of chattel; notice
to lien debtor; effect of failure to comply.
 D,QOLHXRIWKHVXUHW\ERQGSURYLGHG
for in subsection (1) of this section, when a
OLHQFODLPHGXQGHU256WRLVIRU
the storage of a chattel and the amount of the
lien claimed is $750 or more, the lien debtor,
or any other interested person, may deposit
with the treasurer of the county in which the
lien claimant obtained possession of the chattel
subject to the lien from the lien debtor a sum of
money or its equivalent equal in value to 200
:KHQWKHOLHQFODLPHGXQGHU256WR

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

percent of the amount claimed under the lien RUPRQH\XSRQWKHÀOLQJRUGHSRVLWDQGWKH

IRUWKHVWRUDJHRIWKHFKDWWHO
(b) The court in which any proceeding to
foreclose the lien for the storage of the chattel
may be brought may, upon notice and upon
motion by a person who makes a deposit under
VHUYLFHRIQRWLFHRIWKHÀOLQJRUGHSRVLWXSRQ
WKHOLHQFODLPDQW7KHFKDWWHOGHVFULEHGLQWKH
claim of lien shall thereafter be entirely free
of the lien and shall in no way be involved in
VXEVHTXHQWSURFHHGLQJV
paragraph (a) of this subsection, order the
money invested in such manner as the court
PD\GLUHFW$SHUVRQZKRPDNHVDGHSRVLW
under paragraph (a) of this subsection shall
be entitled to any income from the investments
and the treasurer of the county shall pay the
income when received to the depositor without
RUGHU
 :KHQDERQGLVÀOHGRUPRQH\LVGHSRV-
ited and, in a suit to enforce the lien for which
WKHÀOLQJRUGHSRVLWLVPDGHWKHFRXUWDOORZV
WKHOLHQWKHOLHQVKDOOEHVDWLVÀHGRXWRIWKH
ERQGRUPRQH\7KHFRXUWVKDOOLQFOXGHDVSDUW
of its judgment an order for the return to the
person who deposited the money of any amount
remaining after the lien for the storage of the
 $ERQGRUPRQH\PD\EHÀOHGRUGHSRVLWHG FKDWWHOLVVDWLVÀHG
under subsection (1) or (2) of this section at any  :KHQDERQGLVÀOHGRUPRQH\LVGHSRV-
time after a lien for the storage of a chattel is ited and, in a suit to enforce the lien for which
FODLPHGXQGHU256WRDQGWKH WKHÀOLQJRUGHSRVLWLVPDGHWKHFRXUWGLVDO-
DPRXQWRIWKHOLHQFODLPHGLVRUPRUH lows the lien, the court shall include as part
 $SHUVRQZKRÀOHVDERQGRUGHSRVLWV
money under subsections (1) to (3) of this
section shall cause to be served upon the lien
FODLPDQWDQRWLFHRIWKHÀOLQJRUGHSRVLW,IWKH
SHUVRQÀOHVDERQGWKHQRWLFHVKDOOLQFOXGHD
of its judgment an order for the return of the
ERQGRUPRQH\WRWKHSHUVRQZKRÀOHGWKHERQG
RUGHSRVLWHGWKHPRQH\>F†@
Note6HHQRWHXQGHU
87.179 Determination of adequacy of
FRS\RIWKHERQG7KHQRWLFHVKDOOEHÀOHGQRW bond. ,IDOLHQFODLPDQWFRQVLGHUVWKHERQG
ODWHUWKDQGD\VDIWHUWKHÀOLQJRUGHSRVLW ÀOHGZLWKDUHFRUGLQJRIÀFHURIDFRXQW\XQGHU
and shall state the location and time of the 256WRLQDGHTXDWHWRSURWHFWWKH
ÀOLQJRUGHSRVLW claim of the lien claimant for some reason other
 ,IDSHUVRQGRHVQRWQRWLI\WKHOLHQFODLP-
ant as required by subsection (4) of this section,
WKHÀOLQJRIWKHERQGRUWKHGHSRVLWRIPRQH\LV
of no effect and the provisions of subsections
(1) to (3) of this section do not apply in a suit to
IRUHFORVHWKHOLHQIRUZKLFKWKHÀOLQJRUGHSRVLW
than the amount of the bond, the lien claimant
may petition the court in which the suit to fore-
close the lien for the storage of the chattel may
be brought for a determination of the adequacy
RIWKHERQG7KHSHWLWLRQPXVWEHÀOHGZLWKLQ
GD\VRIUHFHLSWRIWKHQRWLFHRIWKHÀOLQJRI
LVPDGH WKHERQGXQGHU256DQG7KH
 :KHQDSHUVRQÀOHVDERQGZLWKWKH petition must describe in detail the reasons
UHFRUGLQJRIÀFHURIDFRXQW\XQGHUVXEVHFWLRQV IRUWKHLQDGHTXDF\
(1) to (3) of this section and serves notice of the  1RWODWHUWKDQWZRGD\VDIWHUWKHÀOLQJ
ÀOLQJXSRQWKHOLHQFODLPDQWXQGHUVXEVHFWLRQV of the petition with the court, the lien claimant
DQGRIWKLVVHFWLRQWKHSHUVRQVKDOOÀOH
ZLWKWKHVDPHUHFRUGLQJRIÀFHUDQDIÀGDYLW
VWDWLQJWKDWWKHQRWLFHZDVVHUYHG
(7) When a person deposits money with
the treasurer of a county under subsections
(1) to (3) of this section and serves notice of
the deposit upon the lien claimant under sub-
sections (4) and (5) of this section, the person
VKDOOÀOHZLWKWKHUHFRUGLQJRIÀFHURIWKHVDPH
FRXQW\DQDIÀGDYLWVWDWLQJWKDWWKHGHSRVLW
ZDVPDGHDQGQRWLFHZDVVHUYHG>F
††@
NoteWRZHUHDGGHGWRDQG
PDGHDSDUWRIWRE\OHJLVODWLYH
VKDOOVHQGDQRWLFHRIWKHÀOLQJDQGDFRS\RI
WKHSHWLWLRQE\UHJLVWHUHGRUFHUWLÀHGPDLOWR
WKHSHUVRQZKRÀOHGWKHERQG$IWHUDKHDULQJ
if the court determines that the bond is inade-
quate for one or more of the reasons described
by the lien claimant, the court shall order such
action as shall make the bond adequate to pro-
WHFWWKHFODLPRIOLHQ>F†@
Note6HHQRWHXQGHU
87.181 Release of lien or return of
money. 7KHFRXQW\UHFRUGLQJRIÀFHUVKDOO
record a written release of the lien for the
storage of the chattel or the county treasurer
LQZKRVHRIÀFHPRQH\LVGHSRVLWHGXQGHU256
action but were not added to any smaller series WRVKDOOUHWXUQWKHPRQH\WRWKH
WKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDW- SHUVRQZKRPDGHWKHGHSRVLWZKHQ
XWHVIRUIXUWKHUH[SODQDWLRQ  7KHSHUVRQZKRÀOHGWKHERQGRUGHSRV-
 )RUHFORVXUHDIWHUÀOLQJRIERQG LWHGWKHPRQH\SUHVHQWVDFHUWLÀHGFRS\RID
RUGHSRVLWRIPRQH\HIIHFWRIÀOLQJRU court’s order for the release of the bond or all
deposit; disposition of bond or money. or some of the money to that person; or
:KHQDOLHQFODLPHGXQGHU256WR
LVIRUWKHVWRUDJHRIDFKDWWHODQGWKH
amount of the lien claimed is $750 or more, any
suit to foreclose the lien that is commenced or
SHQGLQJDIWHUWKHÀOLQJRIDERQGRUGHSRVLWRI
 7KHSHUVRQZKRÀOHGWKHERQGRUGHSRV-
ited the money presents a written release of
OLHQVLJQHGE\WKHOLHQFODLPDQW>F
†@
PRQH\XQGHU256WRVKDOOSUR- Note6HHQRWHXQGHU
FHHGDVLIQRÀOLQJRUGHSRVLWKDGEHHQPDGH
except that the lien shall attach to the bond

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
87.182 Effect of prior security interest
on method of foreclosure. (1) When a lien
FUHDWHGE\256LVVXERUGLQDWHWRDSULRU
duly perfected security interest in a chattel
DVSURYLGHGLQ256WKHOLHQFUHDWHG
E\256VKDOOEHIRUHFORVHGE\VXLWDV
SURYLGHGLQ256FKDSWHU
 
subsection, in a public place at the location
where the lien claimant obtained possession of
WKHFKDWWHOWREHVROGIURPWKHOLHQGHEWRU7KH
IROORZLQJDSSO\WRQRWLFHXQGHUWKLVVXEVHFWLRQ
(a) The lien claimant shall give notice under
this subsection not later than the time required
for notice to a lien debtor under subsection (1)
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
WKLVVHFWLRQOLHQVFUHDWHGE\256WR
PD\EHIRUHFORVHGE\VXLWDVSURYLGHGLQ
ORS chapter 88, or by sale of the chattel sub-
ject to the lien at public auction to the highest
ELGGHUIRUFDVK>F†@
87.186 Location of foreclosure sale.
)RUHFORVXUHRIOLHQVFUHDWHGE\256WR
E\SXEOLFVDOHVKDOORFFXULQWKHFRXQW\
in which the lien claimant obtained possession
of the chattel subject to the lien from the lien
RIWKLVVHFWLRQ
(b) This subsection does not require the lien
claimant to post notice at the location where
the lien claimant obtained the chattel if the
chattel is a chattel for which the Department
RI7UDQVSRUWDWLRQKDVLVVXHGDFHUWLÀFDWHRI
WLWOHXQGHU256IRUZKLFKWKH6WDWH
0DULQH%RDUGUHTXLUHVDFHUWLÀFDWHRIWLWOH
XQGHU256RUIRUZKLFKWKH2UHJRQ
'HSDUWPHQWRI$YLDWLRQUHTXLUHVDFHUWLÀFDWH
RIUHJLVWUDWLRQXQGHU256
GHEWRU>F†@
87.192 Notice of foreclosure sale to
lien debtor; public notice. (1)(a) Before a
lien claimant forecloses by sale a lien created
XQGHU256WRWKHOLHQFODLPDQW
shall give notice of the foreclosure sale to the
OLHQGHEWRUE\ÀUVWFODVVPDLOZLWKFHUWLÀFDWH
RIPDLOLQJUHJLVWHUHGPDLORUFHUWLÀHGPDLO
sent to the lien debtor at the lien debtor’s last-
NQRZQDGGUHVV7KHOLHQFODLPDQWVKDOOJLYH
QRWLFHRIWKHIRUHFORVXUHVDOHWRWKHOLHQGHEWRU 256SXEOLVKHGLQWKHFRXQW\LQZKLFK
 ,IWKHFKDWWHOWREHVROGDWDIRUHFORVXUH
sale is something other than an abandoned
vehicle and has a fair market value of $1,000
or more, or if the chattel to be sold is an aban-
doned vehicle and has a fair market value of
$2,500 or more, the lien claimant, in addition
to the notice required by subsection (2) of this
section, shall have a notice of foreclosure sale
printed once a week for two successive weeks
LQDGDLO\RUZHHNO\QHZVSDSHUDVGHÀQHGLQ
 $([FHSWDVRWKHUZLVHSURYLGHGLQWKLV the sale is held or, if there is none, in a daily or
paragraph, at least 30 days before the fore- ZHHNO\QHZVSDSHUDVGHÀQHGLQ256
FORVXUHVDOH generally circulated in the county in which the
VDOHLVKHOG
 %,IWKHOLHQLVIRUWKHFRVWRIUHPRYLQJ
towing or storing a vehicle that a person who
KROGVDFHUWLÀFDWHLVVXHGXQGHU256
has appraised at a value of $1,000 or less, at
OHDVWGD\VEHIRUHWKHIRUHFORVXUHVDOH
(4) The notice of foreclosure sale required
under this section must contain a particular
description of the property to be sold, the name
of the owner or reputed owner of the property,
the amount due on the lien, the time and the
 E,IWKHFKDWWHOWREHVROGDWDIRUHFORVXUH
sale is chattel for which the Department of
7UDQVSRUWDWLRQ KDV LVVXHG D FHUWLÀFDWH RI
WLWOHXQGHU256IRUZKLFKWKH6WDWH
0DULQH%RDUGUHTXLUHVDFHUWLÀFDWHRIWLWOH
XQGHU256RUIRUZKLFKWKH2UHJRQ
'HSDUWPHQWRI$YLDWLRQUHTXLUHVDFHUWLÀFDWHRI
UHJLVWUDWLRQXQGHU256WKHOLHQFODLP-
ant shall include with the notice described in
paragraph (a) of this subsection a copy of an
invoice, work or repair order, authorization
IRUWRZLQJRIÀFLDOIRUPWKDWDXWKRUL]HVDODZ
enforcement agency to impound the chattel or
any other record or document that is evidence
RIWKHEDVLVIRUWKHOLHQ
place of the sale and the name of the person
IRUHFORVLQJWKHOLHQ>F†F
†F†F†F
†F†F†F
†@
87.196 Notice of foreclosure sale to
secured parties; effect of notice; effect
of failure to give notice. (1)(a) A lien claim-
ant that forecloses by sale a lien created under
256WRVKDOOJLYHQRWLFHRIWKH
IRUHFORVXUHVDOHE\ÀUVWFODVVUHJLVWHUHGRU
FHUWLÀHGPDLO7KHIROORZLQJDSSO\
(A) The lien claimant shall give notice to all
SHUVRQVWKDWKDYHÀOHGDÀQDQFLQJVWDWHPHQW
 F,IDOLHQFODLPDQWIDLOVWRJLYHQRWLFHLQ
accordance with this subsection to a lien debtor
concerning chattel described in paragraph (b)
of this subsection, the lien claimant is liable
to the lien debtor for a sum equal to the fair
market value of the chattel sold at the foreclo-
VXUHVDOH7KHOLHQGHEWRUPD\EULQJDQDFWLRQ
to recover the sum and reasonable attorney
IHHV
(2) The lien claimant shall give public notice
of the foreclosure sale by posting notice of the
foreclosure sale in a public place at or near
the front door of the county courthouse of the
county in which the sale is to be held and,
except as provided in paragraph (b) of this
Miscellaneous Laws 3DJH
LQWKHRIÀFHRIWKH6HFUHWDU\RI6WDWHRULQWKH
RIÀFHRIWKHDSSURSULDWHFRXQW\RIÀFHURIWKH
county in which the sale is held, to perfect a
VHFXULW\LQWHUHVWLQWKHFKDWWHOWREHVROG
(B) Notwithstanding subparagraph (A) of
this paragraph, if the chattel to be sold at the
foreclosure sale is a chattel, other than part of
the motor vehicle inventory of a dealer issued a
YHKLFOHGHDOHUFHUWLÀFDWHXQGHU256
for which the Department of Transportation
KDVLVVXHGDFHUWLÀFDWHRIWLWOHXQGHU256
IRUZKLFKWKH6WDWH0DULQH%RDUG
requires a certificate of title under ORS
RUIRUZKLFKWKH2UHJRQ'HSDUWPHQW
RI$YLDWLRQUHTXLUHVDFHUWLÀFDWHRIUHJLVWUDWLRQ
(2015 Edition)
 MISCELLANEOUS LAWS

XQGHU256WKHOLHQFODLPDQWQHHGVWR recorded with the State Department of Agri-

JLYHQRWLFHRQO\WRSHUVRQVWKDWWKHFHUWLÀFDWH FXOWXUHXQGHU256FKDSWHU
RIWLWOHRUFHUWLÀFDWHRIUHJLVWUDWLRQLQGLFDWHV (2) The statement of account required under
KDYHDVHFXULW\LQWHUHVWRUOLHQLQWKHFKDWWHO
(C) The lien claimant shall give notice under
this paragraph at least 30 days before the fore-
closure sale, but if the lien claimant claims a
OLHQXQGHU256WKHOLHQFODLPDQWVKDOO
JLYHWKHQRWLFHUHTXLUHGE\WKLVVXEVHFWLRQ of foreclosure sale;
(i) Not later than the 20th day after the date
on which the storage charges begin;
(ii) Not later than the 30th day after the
date on which the services provided are com-
pleted, if no storage charges are imposed; or
(iii) At least 15 days before the foreclosure
VXEVHFWLRQRIWKLVVHFWLRQPXVWVKRZ
(a) The amount of the lien claim and the cost
of foreclosing the lien;
(b) A copy of the published or posted notice
(c) The amount received for the chattel sold
at the sale; and
(d) The name of each person that received
proceeds from the foreclosure sale as described
LQ256DQGWKHDPRXQWHDFKSHUVRQ
UHFHLYHG
sale if the lien is for the cost of removing,
towing or storing a vehicle that a person who
KROGVDFHUWLÀFDWHLVVXHGXQGHU256
KDVDSSUDLVHGDWDYDOXHRIRUOHVV
(b) A lien claimant that gives notice of a
foreclosure sale for chattel described in para-
graph (a)(B) of this subsection shall include
with the notice a copy of an invoice, work or
UHSDLURUGHUDXWKRUL]DWLRQIRUWRZLQJRIÀFLDO
form that authorizes a law enforcement agency
to impound the chattel or any other record or
document that is evidence of the basis for the
OLHQ
(2) A person who is entitled to receive notice
under subsection (1) of this section may dis-
charge the lien and preserve the person’s
security interest in the chattel by paying the
lien claimant the amount of the lien claim and
reasonable expenses the person actually incurs
LQIRUHFORVLQJWKHOLHQFODLP,IWKHSHUVRQGRHV
not discharge the lien before the day of the fore-
closure sale, the foreclosure sale extinguishes
the person’s security interest in the chattel
even if the person does not receive notice under
 $SHUVRQWKDWÀOHVDVWDWHPHQWRIDFFRXQW
under this section shall send a copy of the
VWDWHPHQWE\UHJLVWHUHGRUFHUWLÀHGPDLOWRWKH
last-known address of the owner of the chat-
WHOVROGDWWKHIRUHFORVXUHVDOH,IWKHFKDWWHO
sold at a foreclosure sale is an animal that
bears a brand or other mark recorded with the
State Department of Agriculture under ORS
FKDSWHUDSHUVRQWKDWÀOHVDVWDWHPHQWRI
account under this section shall send a copy
of the statement to the State Department of
$JULFXOWXUH>F†F†
F†@
87.206 Disposition of proceeds of fore-
closure sale. (1) The proceeds of a sale to
IRUHFORVHDOLHQFUHDWHGE\256WR
VKDOOEHDSSOLHGLQWKHIROORZLQJRUGHU
(a) To the payment of the reasonable and
necessary expenses of the sale;
(b) To satisfy the indebtedness secured by
the lien under which the sale is made;
(c) Subject to subsection (2) of this section,
to satisfy the indebtedness secured by any sub-
VXEVHFWLRQRIWKLVVHFWLRQ ordinate lien or security interest, in order of
priority, in the chattel; and
 ,IDOLHQFODLPDQWGRHVQRWJLYHQRWLFHLQ
accordance with subsection (1) of this section to
a person that claims a security interest or lien
on the chattel sold at a foreclosure sale, the lien
claimant is liable to the person for a sum equal
to the fair market value of the chattel sold at
the foreclosure sale or the amount due to the
person under the security agreement or lien
at the time of the foreclosure sale, whichever
DPRXQWLVOHVV7KHVHFXUHGSDUW\RURWKHUOLHQ
claimant may recover the sum and reasonable
DWWRUQH\IHHVE\DQDFWLRQDWODZ>F
†F†F†F
†F†F†F
†F†@
87.202 Statement of account of foreclo-
sure sale. (1) A person that forecloses a lien
FUHDWHGXQGHU256WRE\VDOH
VKDOOÀOHDVWDWHPHQWRIDFFRXQWWKDWWKHSHUVRQ
YHULÀHVE\RDWKZLWKWKHUHFRUGLQJRIÀFHURIWKH
FRXQW\LQZKLFKWKHVDOHWRRNSODFHLI the indebtedness secured by the subordinate
(a) The chattel sold at the foreclosure sale
(d) To the treasurer of the county in which
WKHIRUHFORVXUHVDOHLVPDGH7KHSD\PHQWWR
the treasurer must be accompanied by a copy
of the statement of account described in ORS

(2) Proceeds may be applied under sub-
section (1)(c) of this section if the person who
IRUHFORVHVDOLHQFUHDWHGE\256WR
E\VDOHUHFHLYHVDZULWWHQUHTXHVWIRU
proceeds from the holder of any subordinate
lien or security interest before the day of the
IRUHFORVXUHVDOH7KHSHUVRQIRUHFORVLQJWKH
lien may require the holder of the subordinate
lien or security interest to furnish reasonable
proof of the existence of the security interest
RUOLHQ,IWKHSHUVRQIRUHFORVLQJWKHOLHQGRHV
not receive proof of the existence of the subordi-
nate security interest or lien, the person is not
required to apply proceeds of the sale to satisfy
VHFXULW\LQWHUHVWRUOLHQ
has a fair market value of $1,000 or more; or  ,IDFRXQW\WUHDVXUHUUHFHLYHVSURFHHGV
under subsection (1) of this section, the county
(b) The chattel sold at the foreclosure sale treasurer shall credit the proceeds to the gen-
is an animal that bears a brand or other mark eral revenue fund of the county, subject to the

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

right of the lien debtor or the representative of  ´%RG\SDUWµPHDQVDQRUJDQDQH\HRU

the lien debtor, to reclaim the proceeds at any WLVVXHRIDKXPDQEHLQJ7KHWHUPGRHVQRW
time within three years of the date of deposit LQFOXGHWKHZKROHERG\
ZLWKWKHWUHDVXUHU,IWKHSURFHHGVDUHQRW  ´'HFHGHQWµPHDQVDGHFHDVHGLQGLYLGXDO
demanded and claimed within the three-year whose body or body part is or may be the source
period, the proceeds become the property of of an anatomical gift, and includes a stillborn
WKHFRXQW\>F†F†@ LQIDQWRUDIHWXV
87.212 Liability for improper sale of
fungible chattels. A person claiming a lien
XQGHU256WRIRUWKHVWRUDJHRI
fungible chattels shall not sell more of those
chattels than is necessary to pay charges
GXHWKDWSHUVRQIRUWKHVWRUDJH,IDSHUVRQ
unnecessarily sells fungible chattels without
the consent of the owner thereof, the person
shall, for each offense, forfeit to the owner of
the chattels a sum equal to the fair market
 D´'LVLQWHUHVWHGZLWQHVVµPHDQVDZLW-
QHVVRWKHUWKDQ
(A) A spouse, child, parent, sibling,
grandchild, grandparent or guardian of the
individual who makes, amends, revokes or
refuses to make an anatomical gift; or
(B) An adult who exhibited special care and
FRQFHUQIRUWKHLQGLYLGXDO
value of the chattels unnecessarily sold and 50  E´'LVLQWHUHVWHGZLWQHVVµGRHVQRWLQFOXGH
percent of the fair market value in addition as a person to whom an anatomical gift could pass
DSHQDOW\7KHRZQHUVKDOOUHFRYHUVXFKYDOXH XQGHU256
DQGSHQDOW\E\DQDFWLRQDWODZ>F
†@
Nonpossessory Chattel Liens
87.216 Nonpossessory lien for labor or
 ´'RFXPHQWRIJLIWµPHDQVDGRQRUFDUG
or other record used to make an anatomical
JLIW7KHWHUPLQFOXGHVDVWDWHPHQWV\PERORU
GHVLJQDWLRQRQDGULYHUOLFHQVHLGHQWLÀFDWLRQ
FDUGRUGRQRUUHJLVWU\
material expended on chattel. A person  ´'RQRUµPHDQVDQLQGLYLGXDOZKRVHERG\
who makes, alters, repairs, transports, stores, or body part is the subject of an anatomical
provides services for or performs labor on a JLIW
chattel at the request of the owner of the chat-
tel has a lien on that chattel for the reasonable  ´'RQRUUHJLVWU\µPHDQVDFHQWUDOL]HG
or agreed charges for the labor or services the database that contains records of anatomical
person performs and for the materials the gifts and amendments to or revocations of ana-
SHUVRQ IXUQLVKHV LQ FRQQHFWLRQ WKHUHZLWK WRPLFDOJLIWV
>F†@  ´'ULYHUOLFHQVHµPHDQVDOLFHQVHRU
SHUPLWLVVXHGXQGHU256
RUUHJDUGOHVVRI
Chapter 97 whether conditions are attached to the license
RUSHUPLW
ANATOMICAL GIFTS
97.951 Short title. 256WR
may be cited as the Revised Uniform Anatom-
LFDO*LIW$FW>F†@
  ´(\H EDQNµ PHDQV DQ RUJDQL]DWLRQ
licensed, accredited or regulated under federal
or state law to engage in the recovery, screen-
ing, testing, processing, storage or distribution
RIKXPDQH\HVRUSRUWLRQVRIKXPDQH\HV
NoteWRZHUHHQDFWHGLQWR
law by the Legislative Assembly but were not
added to or made a part of ORS chapter 97 or
DQ\VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH
Preface to Oregon Revised Statutes for further
 ´*XDUGLDQµPHDQVDSHUVRQDSSRLQWHG
by a court to make decisions regarding the
support, care, education, health or welfare of
DQLQGLYLGXDO´*XDUGLDQµGRHVQRWLQFOXGHD
JXDUGLDQDGOLWHP
H[SODQDWLRQ  ´+RVSLWDOµPHDQVDIDFLOLW\OLFHQVHGDVD
 'HÀQLWLRQVIRU256WR hospital under the law of any state or a facility
97.982. $VXVHGLQ256WR operated as a hospital by the United States, a
VWDWHRUDVXEGLYLVLRQRIDVWDWH
 ´$GXOWµPHDQVDQLQGLYLGXDOZKRLV
\HDUVRIDJHRUROGHU  ´,GHQWLÀFDWLRQFDUGµPHDQVWKHFDUG
LVVXHGXQGHU256RU
 ´$JHQWµPHDQVDQ or a comparable provision of the motor vehicle
 D$WWRUQH\LQIDFWDVWKDWWHUPLVGHÀQHG ODZVRIDQRWKHUVWDWH
LQ256RU   ´. QRZµ PHDQV WR KDYH DFWXDO
 E,QGLYLGXDOH[SUHVVO\DXWKRUL]HGWRPDNH NQRZOHGJH
an anatomical gift on the principal’s behalf by  ´0LQRUµPHDQVDQLQGLYLGXDOZKRLV
DQ\UHFRUGVLJQHGE\WKHSULQFLSDO XQGHU\HDUVRIDJH
 ´$QDWRPLFDOJLIWµPHDQVDGRQDWLRQRI
all or part of a human body to take effect after
the donor’s death for the purpose of transplan-
WDWLRQWKHUDS\UHVHDUFKRUHGXFDWLRQ
  ´2UJDQ SURFXUHPHQW RUJDQL]DWLRQµ
means an organization designated by the
Secretary of the United States Department
of Health and Human Services as an organ
SURFXUHPHQWRUJDQL]DWLRQ

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

 ´3DUHQWµPHDQVDSDUHQWZKRVHSDUHQ- UHTXLUHGIRUWKHFDUHRIWUDQVSODQWSDWLHQWV
WDOULJKWVKDYHQRWEHHQWHUPLQDWHG >F†F†@
 ´3K\VLFLDQµPHDQVDQLQGLYLGXDODXWKR- Note6HHQRWHXQGHU
rized to practice medicine or osteopathy under 97.955 Purpose of anatomical gift; per-
WKHODZRIDQ\VWDWH sons authorized to make gift. (1) Subject to
 ´3URFXUHPHQWRUJDQL]DWLRQµPHDQVDQ 256DGRQRUPD\PDNHDQDQDWRPLFDO
eye bank, organ procurement organization or gift of a donor’s body or body part during the
WLVVXHEDQN life of the donor for the purpose of transplan-
 ´3URVSHFWLYHGRQRUµPHDQVDQLQGLYLG-
ual who is dead or near death and has been
determined by a procurement organization to
have a body part that could be medically suit-
able for transplantation, therapy, research or
HGXFDWLRQ7KHWHUPGRHVQRWLQFOXGHDQLQGL-
WDWLRQWKHUDS\UHVHDUFKRUHGXFDWLRQ
(2) An anatomical gift may be made in the
PDQQHUSURYLGHGLQ256E\
(a) The donor, if the donor is an adult or if
WKHGRQRULVDPLQRUDQGLV
YLGXDOZKRKDVPDGHDUHIXVDO  $(PDQFLSDWHGRU
 ´5HDVRQDEO\DYDLODEOHµPHDQVDEOHWR
be contacted by a procurement organization
without undue effort and willing and able to
act in a timely manner consistent with existing
medical criteria necessary for the making of
DQDQDWRPLFDOJLIW
 %$XWKRUL]HGXQGHU256WRDSSO\
for an instruction driver permit because the
donor is at least 15 years of age;
(b) An agent of the donor, unless the power
of attorney for health care or other record pro-
hibits the agent from making an anatomical
 ´5HFLSLHQWµPHDQVDQLQGLYLGXDOLQWR gift;
whose body a decedent’s body part has been (c) A parent of the donor, if the donor is an
RULVLQWHQGHGWREHWUDQVSODQWHG unemancipated minor; or
 ´5HFRUGµPHDQVLQIRUPDWLRQWKDWLV  G7KHGRQRU·VJXDUGLDQ>F†@
inscribed on a tangible medium or that is
stored in an electronic or other medium and Note6HHQRWHXQGHU
LVUHWULHYDEOHLQSHUFHLYDEOHIRUP 97.957 Methods of making anatomical
 ´5HIXVDOµPHDQVDUHFRUGWKDWH[SUHVVO\ gift before death of donor. (1) A donor may
states an intent to prohibit other persons from PDNHDQDQDWRPLFDOJLIW
making an anatomical gift of an individual’s (a) By a designation on the donor’s driver
ERG\RUERG\SDUW OLFHQVHRULGHQWLÀFDWLRQFDUG
 ´6LJQµPHDQVZLWKWKHSUHVHQWLQWHQW
WRDXWKHQWLFDWHRUDGRSWDUHFRUG
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with
the record an electronic symbol, sound or
SURFHVV
 E,QDZLOO
(c) During a terminal illness or injury of the
donor, by any form of communication addressed
to at least two adults, at least one of whom is
a disinterested witness;
(d) By a donor card or other record signed
 ´6WDWHµPHDQVDVWDWHRIWKH8QLWHG
States, the District of Columbia, Puerto Rico,
WKH8QLWHG6WDWHV9LUJLQ,VODQGVRUDQ\WHU-
ritory or insular possession subject to the
MXULVGLFWLRQRIWKH8QLWHG6WDWHV
by the donor or other person making the gift;
or
(e) By authorizing that a statement, symbol
or designation indicating that the donor has
made an anatomical gift is to be included on
  ´7HFKQLFLDQµ PHDQV DQ LQGLYLGXDO DGRQRUUHJLVWU\
GHWHUPLQHGWREHTXDOLÀHGWRUHPRYHRUSUR-
cess body parts by an appropriate organization
that is licensed, accredited or regulated under
IHGHUDORUVWDWHODZ7KHWHUPLQFOXGHVDQ
HQXFOHDWRU
 ,IWKHGRQRURURWKHUSHUVRQDXWKRUL]HGWR
PDNHDQDQDWRPLFDOJLIWXQGHU256LV
physically unable to sign a record, the record
may be signed by another individual at the
GLUHFWLRQRIWKHGRQRURURWKHUSHUVRQDQGPXVW
  ´ 7LVVXHµ PHDQV D SRUWLRQ RI WKH
KXPDQERG\RWKHUWKDQDQRUJDQRUDQH\H
The term does not include blood unless the
blood is donated for the purpose of research
RUHGXFDWLRQ
(a) Be witnessed by at least two adults, at
least one of whom is a disinterested witness,
who have signed at the request of the donor or
the other person; and
(b) State that it has been signed and wit-
 ´7LVVXHEDQNµPHDQVDSHUVRQWKDWLV
licensed, accredited or regulated under federal
or state law to engage in the recovery, screen-
ing, testing, processing, storage or distribution
RIWLVVXH
nessed as provided in paragraph (a) of this
VXEVHFWLRQ
(3) Revocation, suspension, expiration or
FDQFHOODWLRQRIDGULYHUOLFHQVHRULGHQWLÀFDWLRQ
card upon which an anatomical gift is indi-
 ´7UDQVSODQWKRVSLWDOµPHDQVDKRV- FDWHGGRHVQRWLQYDOLGDWHWKHJLIW
pital that furnishes organ transplants and
other medical and surgical specialty services (4) An anatomical gift made by will takes
effect upon the donor’s death whether or not the

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

ZLOOLVSUREDWHG,QYDOLGDWLRQRIWKHZLOODIWHU (8) An agent or guardian of a donor may

WKHGRQRU·VGHDWKGRHVQRWLQYDOLGDWHWKHJLIW DPHQGRUUHYRNHDQDQDWRPLFDOJLIWRQO\LI
(5) An anatomical gift made by a designation (a) The agent or guardian made the gift
RQWKHGRQRU·VGULYHUOLFHQVHRULGHQWLÀFDWLRQ
FDUGLVFRQFOXVLYHO\SUHVXPHGYDOLG>
F†F†@
Note6HHQRWHXQGHU
97.959 Revocation or amendment of
anatomical gift by donor or agent or
XQGHU256ERUGRU
(b) The power of attorney for health care or
other record appointing the agent expressly
authorizes the agent to amend or revoke ana-
WRPLFDOJLIWV>F†F†
F†@
guardian of donor. ([FHSWDVSURYLGHG
in subsection (7) or (8) of this section, an ana-
WRPLFDOJLIWPDGHXQGHU256PD\EH
amended or revoked only by the donor in accor-
dance with the provisions of this section and
may not be amended or revoked by any other
person otherwise authorized to make, amend
RUUHYRNHDJLIWXQGHU256RU
(2) A donor or other person authorized to
amend or revoke an anatomical gift under sub-
section (7) or (8) of this section may amend or
UHYRNHDQDQDWRPLFDOJLIWE\ DQDQDWRPLFDOJLIW
Note6HHQRWHXQGHU
97.972 Rights and duties of pro-
curement organizations and others;
authorized examinations. (1) When a hos-
pital refers an individual at or near death to
a procurement organization, the organization
shall make a reasonable search of the records
of the Department of Transportation and any
donor registry that it knows exists for the geo-
graphical area in which the individual resides
to ascertain whether the individual has made
 D$UHFRUGVLJQHGE\ (2) A procurement organization must be
(A) The donor;
(B) The other person; or
(C) Subject to subsection (3) of this section,
another individual acting at the direction of
the donor or the other person if the donor or
other person is physically unable to sign; or
(b) A later-executed document of gift that
amends or revokes a previous anatomical
gift or portion of an anatomical gift, either
H[SUHVVO\RUE\LQFRQVLVWHQF\
(3) A record signed pursuant to subsection
allowed reasonable access to information in
the records of the Department of Transporta-
tion to ascertain whether an individual at or
QHDUGHDWKLVDGRQRU
(3) When a hospital refers an individual at
or near death to a procurement organization,
the organization may conduct any reasonable
examination necessary to ensure the medical
suitability of a body part that is or could be
the subject of an anatomical gift for trans-
plantation, therapy, research or education
IURPDGRQRURUDSURVSHFWLYHGRQRU'XULQJ
the examination period, measures necessary
D&RIWKLVVHFWLRQPXVW to ensure the medical suitability of the body
(a) Be witnessed by at least two adults, at
least one of whom is a disinterested witness,
who have signed at the request of the donor or
the other person; and
(b) State that it has been signed and wit-
QHVVHGDVUHTXLUHGLQWKLVVXEVHFWLRQ
(4) A donor or other person authorized to
revoke an anatomical gift under subsection (7)
or (8) of this section may revoke an anatomical
gift by the destruction or cancellation of the
document of gift, or the portion of the document
of gift used to make the gift, with the intent
WRUHYRNHWKHJLIW
(5) A donor may amend or revoke an anatom-
ical gift that was not made in a will by any form
of communication during a terminal illness or
injury addressed to at least two adults, at least
RQHRIZKRPLVDGLVLQWHUHVWHGZLWQHVV
part may not be withdrawn unless the hospital
or procurement organization knows that the
LQGLYLGXDOH[SUHVVHGDFRQWUDU\LQWHQW
(4)(a) Unless otherwise prohibited by law, at
any time after a donor’s death, the person to
ZKRPDERG\SDUWSDVVHVXQGHU256
may conduct any reasonable examination nec-
essary to ensure the medical suitability of the
ERG\RUERG\SDUWIRULWVLQWHQGHGSXUSRVH
(b) A transplant hospital may not deny a
recipient from receiving an anatomical gift
exclusively on the basis that the recipient is a
UHJLVWU\LGHQWLÀFDWLRQFDUGKROGHUDVGHÀQHG
LQ256%
(5) Unless otherwise prohibited by law, an
examination under subsection (3) or (4)(a) of
this section may include an examination of
all medical and dental records of the donor or
SURVSHFWLYHGRQRU
 $GRQRUZKRPDNHVDQDQDWRPLFDOJLIW
in a will may amend or revoke the gift in the
manner provided for amendment or revocation
of wills or as provided in subsection (4) of this
VHFWLRQ
 8SRQWKHGHDWKRIDPLQRUZKRZDVD
donor or had signed a refusal, unless a pro-
curement organization knows the minor is
emancipated, the procurement organization
shall conduct a reasonable search for the
 ,IDGRQRUZKRLVDQXQHPDQFLSDWHG
minor dies, a parent of the donor who is rea-
sonably available may revoke or amend an
anatomical gift of the donor’s body or body
SDUW
parents of the minor and provide the parents
with an opportunity to revoke or amend the
DQDWRPLFDOJLIWRUUHYRNHWKHUHIXVDO
(7) Upon referral by a hospital under sub-
section (1) of this section, a procurement

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

organization shall make a reasonable search making of anatomical gifts authorized by the
IRUDQ\SHUVRQOLVWHGLQ256KDYLQJ GRQRU
priority to make an anatomical gift on behalf
RIDSURVSHFWLYHGRQRU,IDSURFXUHPHQWRUJDQL-
zation receives information that an anatomical
gift to any other person was made, amended
or revoked, it shall promptly advise the other
SHUVRQRIDOOUHOHYDQWLQIRUPDWLRQ
 7KHGRQRUUHJLVWU\PXVW
(a) Allow a donor or other person authorized
XQGHU256WRLQFOXGHRQWKHGRQRUUHJ-
istry a statement or symbol that the donor has
made, amended or revoked an anatomical gift;
 6XEMHFWWR256DQG
the rights of the person to whom a body part
SDVVHVXQGHU256DUHVXSHULRUWRWKH
rights of all others with respect to the body
SDUW7KHSHUVRQPD\DFFHSWRUUHMHFWDQDQD-
WRPLFDOJLIWLQZKROHRULQSDUW6XEMHFWWRWKH
WHUPVRIWKHGRFXPHQWRIJLIWDQG256
WRDSHUVRQZKRDFFHSWVDQDQDWRPLFDO
gift of an entire body may allow embalming,
burial or cremation and use of remains in a
(b) Be accessible to a procurement organi-
zation to allow the procurement organization
to obtain relevant information on the donor
registry to determine, at or near death of the
donor or a prospective donor, whether the donor
or prospective donor has made, amended or
revoked an anatomical gift; and
(c) Be accessible for purposes of this subsec-
WLRQVHYHQGD\VDZHHNRQDKRXUEDVLV
IXQHUDOVHUYLFH,IWKHJLIWLVRIDERG\SDUW
the person to whom the body part passes under
256XSRQWKHGHDWKRIWKHGRQRUDQG
before embalming, burial or cremation, shall
cause the body part to be removed without
XQQHFHVVDU\PXWLODWLRQ
(9) Neither the physician who attends the
decedent at death nor the physician who deter-
mines the time of the decedent’s death may
participate in the procedures for removing or
WUDQVSODQWLQJDERG\SDUWIURPWKHGHFHGHQW
(10) A physician or technician may remove
from the body of a donor a donated body part
WKDWWKHSK\VLFLDQRUWHFKQLFLDQLVTXDOLÀHG
 3HUVRQDOO\LGHQWLÀDEOHLQIRUPDWLRQRQ
the donor registry about a donor or prospective
donor may not be used or disclosed without
the express consent of the donor, prospective
donor or person who made the anatomical gift
for any purpose other than to determine, at or
near death of the donor or prospective donor,
whether the donor or prospective donor has
PDGHDPHQGHGRUUHYRNHGDQDQDWRPLFDOJLIW
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Note6HHQRWHXQGHU
Chapter 98
WRUHPRYH>F†VXEVHFWLRQE
RI(GLWLRQHQDFWHGDVF†@
DISPOSITION OF UNLAWFULLY
NoteEEHFRPHVRSHUDWLYH0DUFK
6HHVHFWLRQFKDSWHU2UHJRQ
/DZV
Note6HHQRWHXQGHU
97.977 Donor registry; duty of Depart-
ment of Transportation to cooperate with
donor registry. (1)(a) The Oregon Health
PARKED VEHICLES AND
ABANDONED VEHICLES
 'HÀQLWLRQVIRU256WR
98.818, 98.830, 98.835 and 98.840. As used in
WKLVVHFWLRQDQG256WR
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Authority may allow an organ procurement  ´2ZQHURIDSDUNLQJIDFLOLW\µPHDQV
RUJDQL]DWLRQWRHVWDEOLVKDGRQRUUHJLVWU\ (a) The owner, lessee or person in lawful
(b) Only one donor registry may be estab- possession of a private parking facility; or
OLVKHGZLWKLQWKLVVWDWH  E$Q\RIÀFHURUDJHQF\RIWKLVVWDWHZLWK
(c) The donor registry shall comply with authority to control or operate a parking
VXEVHFWLRQVDQGRIWKLVVHFWLRQ IDFLOLW\
 7KH'HSDUWPHQWRI7UDQVSRUWDWLRQVKDOO  ´2ZQHURISURVFULEHGSURSHUW\µPHDQV
the owner, lessee or person in lawful possession
(a) Cooperate with a person who admin- RISURVFULEHGSURSHUW\
isters the donor registry established under
subsection (1) of this section for the purpose  ´3DUNLQJIDFLOLW\µPHDQVDQ\SURSHUW\
of transferring to the donor registry all rele- XVHGIRUYHKLFOHSDUNLQJ
vant information regarding a donor’s making,
DPHQGLQJRUUHYRNLQJDQDQDWRPLFDOJLIW
(b) When requested by the organ procure-
ment organization that has established the
donor registry in this state, the department
shall electronically transfer to the organ pro-
curement organization the name, address,
birthdate and donor designation listed on the
GULYHUOLFHQVHRULGHQWLÀFDWLRQFDUGRIDSHUVRQ
GHVLJQDWHGDVDGRQRU7KHRUJDQSURFXUHPHQW
organization shall treat the information trans-
 ´3URVFULEHGSURSHUW\µPHDQVDQ\SDUW
RISULYDWHSURSHUW\
(a) Where a reasonable person would con-
clude that parking is not normally permitted
at all or where a land use regulation prohibits
parking; or
(b) That is used primarily for parking at
DGZHOOLQJXQLW$VXVHGLQWKLVSDUDJUDSK
´GZHOOLQJXQLWµPHDQVDVLQJOHIDPLO\UHVLGHQ-
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may use the information only to expedite the EXVLQHVVFHUWLÀFDWHXQGHU256

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

 ´9HKLFOHµKDVWKHPHDQLQJJLYHQWKDW
WHUPLQ256>F†
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98.810 Unauthorized parking of vehi-
cle on proscribed property prohibited.
$SHUVRQPD\QRWZLWKRXWWKHSHUPLVVLRQRI of proscribed property under this section shall
(1) The owner of a parking facility, leave or
park any vehicle on the parking facility if there
is a sign displayed in plain view at the parking
facility prohibiting or restricting public park-
LQJRQWKHSDUNLQJIDFLOLW\
(2) The owner of proscribed property, leave
or park any vehicle on the proscribed property
whether or not there is a sign prohibiting or
UHVWULFWLQJSDUNLQJRQWKHSURVFULEHGSURSHUW\
>F†F†F†
F†F†@
98.811 Notice of parking violation;
FHUWLÀFDWHRIQRQOLDELOLW\GLVPLVVDORI
maintain for at least two years, in electronic
or printed form, each photograph taken along
ZLWKWKHGDWHDQGWLPHRIWKHSKRWRJUDSK
(3) A tower who tows a vehicle at the request
of an owner of a parking facility or the owner
provide to the owner or operator of the vehicle
WKHLQIRUPDWLRQUHTXLUHGLQ256LQWKH
PDQQHUSURYLGHGLQ256
(4) A tower is entitled to a lien on a towed
vehicle and its contents for the tower’s just and
reasonable charges and may retain possession
thereof until the just and reasonable charges
for the towage, care and storage of the towed
vehicle have been paid if the tower complies
ZLWKWKHIROORZLQJUHTXLUHPHQWV
(a) The tower shall notify the local law
enforcement agency of the location of the towed
vehicle within one hour after the towed vehicle
notice. ,IWKHRZQHURIDSDUNLQJIDFLOLW\ is placed in storage;
or the owner of proscribed property has issued
a citation or other notice of a parking viola-
tion alleging that a vehicle owned by a person
engaged in the business of selling, renting,
leasing or repairing motor vehicles has been
OHIWRUSDUNHGLQYLRODWLRQRI256DQG
mailed a copy of the citation or notice to the
person, the person is relieved of liability for the
violation if, within 30 days from the mailing
RIWKHFLWDWLRQRUQRWLFHWKHSHUVRQ ZLWKLQDUHDVRQDEOHWLPH,IWKHWRZHUIDLOVWR
 E ,I WKH WRZHG YHKLFOH LV UHJLVWHUHG LQ
Oregon, the tower shall give notice, within
15 days after the towed vehicle is placed in
storage, to the owner of the towed vehicle or
any other person with an interest in the towed
YHKLFOHDVLQGLFDWHGE\WKHFHUWLÀFDWHRIWLWOH,I
notice under this paragraph is given by mail, it
must be transmitted within the 15-day period,
but need not be received within that period, but
 D6XEPLWVDFHUWLÀFDWHRIQRQOLDELOLW\VWDW-
ing that the vehicle was not in the custody and
control of the person, under the terms of an
agreement permitting an individual to use a
motor vehicle owned by the person, when the
comply with the notice requirements of this
paragraph, the amount of the lien is limited
to a sum equal to the reasonable expenses
incurred within the 15-day period for towage,
care and storage of the towed vehicle; and
alleged violation occurred; and
(b) Provides the name and address of the
individual who was in control of the vehicle
DWWKHWLPHRIWKHDOOHJHGYLRODWLRQ
 F,IWKHWRZHGYHKLFOHLVQRWUHJLVWHUHGLQ
Oregon, the tower shall, within 15 days after
the towed vehicle is placed in storage, notify
and request the title information and the
name and address of the owner of the towed
 8SRQUHFHLSWRIWKHFHUWLÀFDWHRIQRQOL-
ability and information described in subsection
(1) of this section, the owner of the parking
facility or the owner of the proscribed property
must dismiss the citation or notice with respect
to the person and may reissue the citation or
notice in the name of the individual in con-
trol of the vehicle when the alleged violation
RFFXUUHG>F†@
98.812 Towing and storage of unlaw-
fully parked vehicle; photograph
required; lien for towage, care and stor-
vehicle from the motor vehicle agency for the
VWDWHLQZKLFKWKHWRZHGYHKLFOHLVUHJLVWHUHG
The tower shall have 15 days from the date of
receipt of the information from the state motor
vehicle agency to notify the owner of the towed
vehicle or any other person with an interest in
WKHWRZHGYHKLFOHDVLQGLFDWHGE\WKHFHUWLÀ-
FDWHRIWLWOH,IQRWLFHXQGHUWKLVSDUDJUDSKLV
given by mail, it must be transmitted within
15 days from the receipt of information from
the state motor vehicle agency, but need not be
received within that period, but within a rea-
age charges; notice requirements. ,ID
vehicle has been left or parked in violation of
256WKHRZQHURIWKHSDUNLQJIDFLOLW\
or the owner of the proscribed property may
have a tower tow the vehicle from the parking
facility or the proscribed property and place the
vehicle in storage at a secure location under
WKHFRQWURORIWKHWRZHU
(2) Prior to towing a vehicle under this sec-
tion, a tower who tows a vehicle at the request
VRQDEOHWLPH,IWKHWRZHUIDLOVWRFRPSO\ZLWK
the notice requirements of this paragraph, the
amount of the lien is limited to a sum equal to
the reasonable expenses incurred within the
period between storage of the towed vehicle
and receipt of information from the state motor
vehicle agency for towage, care and storage of
WKHWRZHGYHKLFOH
(5) The lien created by subsection (4) of this
section may be foreclosed only in the manner
of an owner of a parking facility shall take at
least one photograph of the vehicle and record
WKHWLPHDQGGDWHRIWKHSKRWRJUDSK$SKR-
tograph must show the vehicle left or parked
LQYLRODWLRQRI2567KHWRZHUVKDOO
SURYLGHGE\256DQGWR
for foreclosure of liens arising or claimed under
256>F†F†
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F†F†F†
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

98.818 Preference of lien. The lien created incurred within the 15-day period for towage,
E\256VKDOOKDYHSUHIHUHQFHRYHUDQ\ care and storage of the towed vehicle; and
and all other liens or encumbrances upon the  F,IWKHWRZHGYHKLFOHLVQRWUHJLVWHUHGLQ
YHKLFOH>F†F†D@ Oregon, the tower shall, within 15 days after
98.830 Towing abandoned vehicle from the towed vehicle is placed in storage, notify
private property; conditions. A person and request the title information and the
who is the owner, or is in lawful possession, name and address of the owner of the towed
of private property on which a vehicle has been vehicle from the motor vehicle agency for the
abandoned may have a tower tow the vehicle VWDWHLQZKLFKWKHWRZHGYHKLFOHLVUHJLVWHUHG
IURPWKHSURSHUW\LI The tower shall have 15 days from the date of
 7KHSHUVRQDIÀ[HVDQRWLFHWRWKHYHKLFOH
stating that the vehicle will be towed if it is not
UHPRYHG7KHQRWLFHUHTXLUHGE\WKLVVXEVHF-
tion must remain on the vehicle for 72 hours
EHIRUHWKHYHKLFOHPD\EHUHPRYHG
receipt of the information from the state motor
vehicle agency to notify the owner of the towed
vehicle or any other person with an interest in
WKHWRZHGYHKLFOHDVLQGLFDWHGE\WKHFHUWLÀ-
FDWHRIWLWOH,IQRWLFHXQGHUWKLVSDUDJUDSKLV
given by mail, it must be transmitted within
 7KHSHUVRQÀOOVRXWDQGVLJQVDIRUPWKDW 15 days from the receipt of information from
LQFOXGHV the state motor vehicle agency, but need not be
(a) A description of the vehicle to be towed; received within that period, but within a rea-
VRQDEOHWLPH,IWKHWRZHUIDLOVWRFRPSO\ZLWK
(b) The location of the property from which the notice requirements of this paragraph, the
the vehicle will be towed; and amount of the lien is limited to a sum equal to
(c) A statement that the person has complied the reasonable expenses incurred within the
ZLWKVXEVHFWLRQRIWKLVVHFWLRQ>F
†F†@
98.835 Immunity from civil liability
for towing abandoned vehicle; lien for
towage, care and storage charges; notice
requirements. (1) A tower who tows a vehi-
period between storage of the towed vehicle
and receipt of information from the state motor
vehicle agency for towage, care and storage of
WKHWRZHGYHKLFOH
(3) The lien created by subsection (2) of this
section may be foreclosed only in the manner
FOHSXUVXDQWWR256LVLPPXQHIURP SURYLGHG E\ 256   DQG  WR
civil liability for towing the vehicle if the tower  IRU IRUHFORVXUH RI OLHQV DULVLQJ RU
KDVDIRUPGHVFULEHGLQ256ÀOOHG
out by a person purporting to be the owner or
a person in lawful possession of the private
SURSHUW\IURPZKLFKWKHYHKLFOHLVWRZHG7KLV
subsection does not grant immunity for any
loss, damage or injury arising out of any neg-
ligent or willful damage to, or destruction of,
the vehicle that occurs during the course of the
WRZLQJ
(2) The tower who tows a vehicle pursu-
DQWWR256LVHQWLWOHGWRDOLHQRQWKH
towed vehicle and its contents for the tower’s
MXVWDQGUHDVRQDEOHFKDUJHV7KHWRZHUPD\
retain possession of the towed vehicle until the
just and reasonable charges for the towage,
care and storage of the towed vehicle have been
paid if the tower complies with the following
UHTXLUHPHQWV
(a) The tower shall notify the local law
enforcement agency of the location of the towed
FODLPHGXQGHU256>F†
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98.840 Towing vehicle alternative to
procedure in ORS 98.810 to 98.818. The
SURFHGXUH DXWKRUL]HG E\ 256  DQG
 IRU UHPRYDO RI DEDQGRQHG YHKLFOHV
from private property may be used by persons
GHVFULEHGLQ256DVDQDOWHUQDWLYHWR
WKHSURFHGXUHVGHVFULEHGLQ256WR
>F†F†D@
Chapter 114
ADMINISTRATION OF
SMALL ESTATES
 'HÀQLWLRQVIRU256WR
114.560. $VXVHGLQ256WR
vehicle within one hour after the towed vehicle  ´$IÀDQWµPHDQVWKHSHUVRQRUSHUVRQV
is placed in storage; VLJQLQJDQDIÀGDYLWÀOHGXQGHU256
 E ,I WKH WRZHG YHKLFOH LV UHJLVWHUHG LQ  ´&ODLPLQJVXFFHVVRUVµPHDQV
2UHJRQWKHWRZHUVKDOOJLYHQRWLFHE\ÀUVW
FODVVPDLOZLWKDFHUWLÀFDWHRIPDLOLQJZLWKLQ
15 days after the towed vehicle is placed in
storage, to the owner of the towed vehicle and
any other person with an interest in the towed
 D,IWKHGHFHGHQWGLHGLQWHVWDWHWKHKHLU
or heirs of the decedent, or if there is no heir,
an estate administrator of the Department of
6WDWH/DQGVDSSRLQWHGXQGHU256
YHKLFOHDVLQGLFDWHGE\WKHFHUWLÀFDWHRIWLWOH,I  E,IWKHGHFHGHQWGLHGWHVWDWHWKHGHYLVHH
notice under this paragraph is given by mail, it or devisees of the decedent; and
must be transmitted within the 15-day period, (c) Any creditor of the estate entitled to pay-
but need not be received within that period, but ment or reimbursement from the estate under
ZLWKLQDUHDVRQDEOHWLPH,IWKHWRZHUIDLOVWR 256GZKRKDVQRWEHHQSDLGRU
comply with the notice requirements of this reimbursed the full amount owed such creditor
paragraph, the amount of the lien is limited ZLWKLQGD\VDIWHUWKHGDWHRIWKHGHFHGHQW·V
to a sum equal to the reasonable expenses GHDWK

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

 ´(VWDWHµPHDQVGHFHGHQW·VSURSHUW\VXE-
MHFWWRDGPLQLVWUDWLRQLQ2UHJRQ>F
†F†F†F†
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 9DOXHRIHVWDWHZKHUHDIÀGDYLW
ÀOHGIHHDPHQGHGDIÀGDYLWVXSSOHPHQ-
 2QHRUPRUHVXSSOHPHQWDODIÀGDYLWV
PD\EHÀOHGDWDQ\WLPHDIWHUWKHÀOLQJRIDQ
DIÀGDYLWXQGHUWKLVVHFWLRQIRUWKHSXUSRVHRI
including property not described in the original
DIÀGDYLW&RSLHVRIDOOSUHYLRXVO\ÀOHGDIÀGD-
vits must be attached to the supplemental
DIÀGDYLWDQGDOOLQIRUPDWLRQUHTXLUHGLQ256
WDODIÀGDYLW,IWKHHVWDWHRIDGHFHGHQW
meets the requirements of subsection (2) of
this section, any of the following persons may
ÀOHDQDIÀGDYLWZLWKWKHFOHUNRIWKHSUREDWH
court in any county where there is venue for a
proceeding seeking the appointment of a per-
VRQDOUHSUHVHQWDWLYHIRUWKHHVWDWH F†F†VVF†
(a) One or more of the claiming successors
RIWKHGHFHGHQW
PXVWEHUHÁHFWHGLQWKHVXSSOHPHQWDO
DIÀGDYLW$VXSSOHPHQWDODIÀGDYLWPD\QRWEH
ÀOHGLIE\UHDVRQRIWKHDGGLWLRQDOSURSHUW\
GHVFULEHGLQWKHVXSSOHPHQWDODIÀGDYLWDQ\
limitation imposed by subsection (2) of this
VHFWLRQLVH[FHHGHG>F††
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 E,IWKHGHFHGHQWGLHGWHVWDWHDQ\SHUVRQ
named as personal representative in the dece-
GHQW·VZLOO
(c) The Director of Human Services, the
Director of the Oregon Health Authority or
DQDWWRUQH\DSSURYHGXQGHU256LIWKH
F††F††F
††F†F†
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114.520 Authorization from Depart-
PHQWRI6WDWH/DQGVUHTXLUHGIRUÀOLQJ
RIDIÀGDYLWE\FUHGLWRULIGHFHGHQWGLHV
GHFHGHQWUHFHLYHGSXEOLFDVVLVWDQFHDVGHÀQHG
LQ256UHFHLYHGPHGLFDODVVLVWDQFH
DVGHÀQHGLQ256RUUHFHLYHGFDUHDW
DQLQVWLWXWLRQDVGHÀQHGLQ256DQG
it appears that the assistance or the cost of
care may be recovered from the estate of the
GHFHGHQW
intestate and without heirs; rules. ,I
a decedent dies intestate and without heirs,
a creditor of an estate who is a claiming suc-
FHVVRUPD\QRWÀOHDQDIÀGDYLWXQGHU256
XQOHVVWKHFUHGLWRUKDVUHFHLYHGZULW-
ten authorization from an estate administrator
of the Department of State Lands appointed
XQGHU256([FHSWDVSURYLGHGE\UXOH
 $QDIÀGDYLWXQGHUWKLVVHFWLRQPD\EH
ÀOHGRQO\LI State Lands, an estate administrator shall
(a) The fair market value of the estate is
$275,000 or less;
(b) Not more than $75,000 of the fair market
value of the estate is attributable to personal
property; and
(c) Not more than $200,000 of the fair
market value of the estate is attributable to
UHDOSURSHUW\
adopted by the Director of the Department of
FRQVHQWWRWKHÀOLQJRIDQDIÀGDYLWXQGHU256
E\DFUHGLWRURQO\LILWDSSHDUVDIWHU
LQYHVWLJDWLRQWKDWWKHHVWDWHLVLQVROYHQW
(2) A creditor of an estate who is subject to
subsection (1) of this section may give writ-
ten notice to an estate administrator of the
Department of State Lands informing the
estate administrator that the creditor intends
WRÀOHDQDIÀGDYLWXQGHU2568SRQ
 $QDIÀGDYLWXQGHUWKLVVHFWLRQPD\QRW receiving the notice permitted by this subsec-
EHÀOHGXQWLOGD\VDIWHUWKHGHDWKRIWKH tion, the estate administrator shall investigate
GHFHGHQW WKHDVVHWVDQGOLDELOLWLHVRIWKHHVWDWH:LWKLQ
30 days after receiving the notice required by
 $QDIÀGDYLWÀOHGXQGHUWKHSURYLVLRQV
of this section must contain the information
UHTXLUHGLQ256DQGVKDOOEHPDGHD
SDUWRIWKHSUREDWHUHFRUGV,IWKHDIÀDQWLVDQ
attorney approved by the Director of Human
Services or the Director of the Oregon Health
this subsection, the estate administrator shall
HLWKHU
(a) Give written authorization to the creditor
IRUWKHÀOLQJRIDQDIÀGDYLWE\WKHFUHGLWRU
XQGHU256RU
Authority, a copy of the document approving  E,QIRUPWKHFUHGLWRUWKDWWKH'HSDUWPHQW
WKHDWWRUQH\PXVWEHDWWDFKHGWRWKHDIÀGDYLW RI6WDWH/DQGVZLOOÀOHDQDIÀGDYLWDVFODLPLQJ
 ,QGHWHUPLQLQJIDLUPDUNHWYDOXHXQGHU VXFFHVVRUXQGHU256
this section, the fair market value of the entire  ,IDGHFHGHQWGLHVLQWHVWDWHDQGZLWKRXW
interest in the property included in the estate heirs, a creditor of an estate who is a claiming
shall be used without reduction for liens or VXFFHVVRUDQGZKRÀOHVDQDIÀGDYLWXQGHU256
RWKHUGHEWV PXVWQRWDWHDWWKHWRSRIWKHDIÀGDYLW
  7KH FOHUN RI WKH SUREDWH FRXUW VKDOO
charge and collect the fee established under
256IRUWKHÀOLQJRIDQ\DIÀGDYLWXQGHU
WKLVVHFWLRQ
WKDWWKHDIÀGDYLWLVEHLQJÀOHGE\DFUHGLWRURI
WKHHVWDWH,IWKHDIÀGDYLWFRQWDLQVWKHQRWDWLRQ
required by this subsection, the clerk of the
SUREDWHFRXUWPD\QRWDFFHSWWKHDIÀGDYLWIRU
ÀOLQJXQOHVVWKHUHLVDWWDFKHGWRWKHDIÀGD-
 $Q\HUURURURPLVVLRQLQDQDIÀGDYLWÀOHG
XQGHUWKLVVHFWLRQPD\EHFRUUHFWHGE\ÀOLQJ
DQDPHQGHGDIÀGDYLWZLWKLQIRXUPRQWKVDIWHU
WKHÀOLQJRIWKHDIÀGDYLW
YLWZULWWHQDXWKRUL]DWLRQIRUWKHÀOLQJRIWKH
DIÀGDYLWE\WKHFUHGLWRUIURPDQHVWDWHDGPLQ-
LVWUDWRURIWKH'HSDUWPHQWRI6WDWH/DQGV7KH
written authorization may be a copy of a mem-
orandum of an interagency agreement between

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

the Department of State Lands and another (12) State that claims against the estate
VWDWHDJHQF\>F†F†@ QRWOLVWHGLQWKHDIÀGDYLWRULQDPRXQWVODUJHU
 &RQWHQWRIDIÀGDYLWUXOHVAn WKDQWKRVHOLVWHGLQWKHDIÀGDYLWPD\EHEDUUHG
DIÀGDYLWÀOHGXQGHU256VKDOO XQOHVV
(1) State the name, age, domicile, post-of-  D$FODLPLVSUHVHQWHGWRWKHDIÀDQWZLWKLQ
ÀFHDGGUHVVDQG6RFLDO6HFXULW\QXPEHURIWKH IRXUPRQWKVRIWKHÀOLQJRIWKHDIÀGDYLWDWWKH
decedent; DGGUHVVVWDWHGLQWKHDIÀGDYLWIRUSUHVHQWPHQW
of claims; or
(2) State the date and place of the decedent’s
GHDWK$FHUWLÀHGFRS\RIWKHGHDWKUHFRUGVKDOO (b) A personal representative of the estate is
EHDWWDFKHGWRWKHDIÀGDYLW appointed within the time allowed under ORS
DQG
(3) Describe and state the fair market value
of all property in the estate, including a legal
description of any real property;
(4) State that no application or petition for
the appointment of a personal representative
has been granted in Oregon;
(5) State whether the decedent died testate
or intestate, and if the decedent died testate,
WKHZLOOVKDOOEHDWWDFKHGWRWKHDIÀGDYLW is appointed within the time allowed under
 ,IWKHDIÀGDYLWOLVWVRQHRUPRUHFODLPV
WKDWWKHDIÀDQWGLVSXWHVVWDWHWKDWDQ\VXFK
FODLPPD\EHEDUUHGXQOHVV
(a) A petition for summary determination
LVÀOHGZLWKLQIRXUPRQWKVRIWKHÀOLQJRIWKH
DIÀGDYLWRU
(b) A personal representative of the estate
256>F†F†
 /LVWWKHKHLUVRIWKHGHFHGHQWDQGWKHODVW
DGGUHVVRIHDFKKHLUDVNQRZQWRWKHDIÀDQW
DQGVWDWHWKDWDFRS\RIWKHDIÀGDYLWVKRZLQJ
WKHGDWHRIÀOLQJDQGDFRS\RIWKHZLOOLIWKH
decedent died testate, will be delivered to each
heir or mailed to the heir at the last-known
address;
F†F†F†
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114.535 Transfer of decedent’s prop-
HUW\WRDIÀDQWSURFHHGLQJVWRFRPSHO
 ,IWKHGHFHGHQWGLHGWHVWDWHOLVWWKHGHYL-
sees of the decedent and the last address of
HDFKGHYLVHHDVNQRZQWRWKHDIÀDQWDQGVWDWH
WKDWDFRS\RIWKHZLOODQGDFRS\RIWKHDIÀGDYLW
VKRZLQJWKHGDWHRIÀOLQJZLOOEHGHOLYHUHGWR
each devisee or mailed to the devisee at the
last-known address;
(8) State the interest in the property
GHVFULEHGLQWKHDIÀGDYLWWRZKLFKHDFKKHLU
or devisee is entitled and the interest, if any,
transfer. (1) Not sooner than 10 days after
WKHÀOLQJRIDQDIÀGDYLWXQGHU256
WKHDIÀDQWPD\GHOLYHUDFHUWLÀHGFRS\RIWKH
DIÀGDYLWWRDQ\SHUVRQZKRZDVLQGHEWHGWR
the decedent or who has possession of personal
SURSHUW\EHORQJLQJWRWKHHVWDWH([FHSWDV
provided in this section, upon receipt of the
copy, the person shall pay, transfer, deliver,
provide access to and allow possession of the
SHUVRQDOSURSHUW\WRWKHDIÀDQW
that will escheat;  6XEMHFWWR256LIDFRS\RIDQ
(9) State that reasonable efforts have been
PDGHWRDVFHUWDLQFUHGLWRUVRIWKHHVWDWH/LVW
the expenses of and claims against the estate
remaining unpaid or on account of which
WKHDIÀDQWRUDQ\RWKHUSHUVRQLVHQWLWOHGWR
reimbursement from the estate, including
the known or estimated amounts thereof and
DIÀGDYLWLVGHOLYHUHGXQGHUVXEVHFWLRQRI
this section to a person that controls access to
personal property belonging to the estate of the
decedent, including personal property held in
a safe deposit box for which the decedent was
the sole lessee or the last surviving lessee, the
SHUVRQVKDOO
the names and addresses of the creditors as  D3URYLGHWKHDIÀDQWZLWKDFFHVVWRWKH
NQRZQWRWKHDIÀDQWDQGVWDWHWKDWDFRS\RI decedent’s personal property; and
WKHDIÀGDYLWVKRZLQJWKHGDWHRIÀOLQJZLOOEH
delivered to each creditor who has not been  E$OORZWKHDIÀDQWWRWDNHSRVVHVVLRQRI
paid in full or mailed to the creditor at the WKHSHUVRQDOSURSHUW\
last-known address;  6XEMHFWWR256LIDFRS\RIDQ
(10) Separately list the name and address
RIHDFKSHUVRQNQRZQWRWKHDIÀDQWWRDVVHUW
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disputes and the known or estimated amount
WKHUHRIDQGVWDWHWKDWDFRS\RIWKHDIÀGDYLW
VKRZLQJWKHGDWHRIÀOLQJZLOOEHGHOLYHUHGWR
each such person or mailed to the person at
the last-known address;
DIÀGDYLW LV GHOLYHUHG XQGHU VXEVHFWLRQ 
of this section to a person who has received
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statute providing for the transfer of property of
an estate that is not being probated, the person
shall pay, transfer, deliver, provide access to or
DOORZSRVVHVVLRQRIWKHSURSHUW\WRWKHDIÀDQWLI
the person would be required to pay, transfer,
 6WDWHWKDWDFRS\RIWKHDIÀGDYLWVKRZ-
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to the Department of Human Services or to the
Oregon Health Authority, as prescribed by rule
by the authority;
deliver, provide access to or allow possession
of the property to a personal representative of
WKHHVWDWH
(4) Any person that pays, transfers, deliv-
ers, provides access to or allows possession of
property of a decedent in the manner provided

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
by this section is discharged and released from
any liability or responsibility for the property
in the same manner and with the same effect
as if the property had been transferred, deliv-
ered or paid to a personal representative of the
HVWDWHRIWKHGHFHGHQW
(5) A transfer agent of any corporate secu-
rity registered in the name of the decedent
shall change the registered ownership on the
books of the corporation to the person entitled
 
summary determination of the claim by the
FRXUW$FUHGLWRURIWKHGHFHGHQWZKRVHFODLP
LVOLVWHGLQWKHDIÀGDYLWDVGLVSXWHGPD\ZLWKLQ
IRXUPRQWKVDIWHUWKHÀOLQJRIWKHDIÀGDYLWÀOH
with the probate court a petition for summary
determination of the creditor’s claim by the
FRXUW7KHFRXUWVKDOOKHDUWKHPDWWHUZLWKRXW
DMXU\DIWHUQRWLFHWRWKHFUHGLWRUDQGDIÀDQW
and any interested person may be heard in the
SURFHHGLQJ7KHFODLPPD\EHSURYHGDVSUR-
WKHUHWRRQSUHVHQWDWLRQRIDFHUWLÀHGFRS\RI YLGHGLQ2568SRQWKHKHDULQJWKH
WKHDIÀGDYLWÀOHGXQGHU256 court shall determine the claim in a summary
manner and shall make an order allowing or
 ,IDSHUVRQWRZKRPDQDIÀGDYLWLVGHOLY-
ered refuses to pay, deliver, transfer, provide
access to or allow possession of any personal
property as required by this section, the prop-
erty may be recovered or payment, delivery,
transfer of or access to the property may be
compelled upon proof of the transferee’s entitle-
ment in a proceeding brought for the purpose
E\RURQEHKDOIRIWKHWUDQVIHUHH
GLVDOORZLQJWKHFODLPLQZKROHRULQSDUW,I
the court allows the claim in whole or in part,
WKHRUGHUVKDOOGLUHFWWKHDIÀDQWWRWKHH[WHQW
of property of the estate allocable to the pay-
PHQWRIWKHFODLPSXUVXDQWWR256
or any claiming successor to whom payment,
delivery or transfer has been made under ORS
WRDVDSHUVRQHQWLWOHGWKHUHWR
DVGLVFORVHGLQWKHDIÀGDYLWWRWKHH[WHQWRI
 ,IWKHDIÀGDYLWZDVVLJQHGE\WKH'LUHFWRU
of Human Services, the Director of the Oregon
Health Authority or an attorney approved
XQGHU256WKH'LUHFWRURI+XPDQ
Services, the Director of the Oregon Health
Authority or the attorney may certify a copy
RIWKHDIÀGDYLWIRUWKHSXUSRVHVGHVFULEHGLQ
WKLVVHFWLRQ>F†F†
F†F†F†
F†F†F†
the value of the property received, to pay to
WKHFUHGLWRUWKHDPRXQWVRDOORZHG1RDSSHDO
may be taken from the order of the court made
XSRQWKHVXPPDU\GHWHUPLQDWLRQ>F
†F†F†@
 'XWLHVRISHUVRQÀOLQJDIÀGD-
YLWDFFRXQWVLQÀQDQFLDOLQVWLWXWLRQV
payment of claims; conveyance of real
property; liability of person to whom
property transferred or payment made.
F†F†F†@ 7KHDIÀDQW
114.540 Procedure for claims; disal- (a) Shall take control of the property of the
lowance; summary determination. (1) A HVWDWHFRPLQJLQWRWKHSRVVHVVLRQRIWKHDIÀDQW
claim against an estate with respect to which
DQDIÀGDYLWLVÀOHGXQGHU256PD\  E:LWKLQGD\VDIWHUÀOLQJWKHDIÀGDYLW
EHSUHVHQWHGWRWKHDIÀDQWZLWKLQIRXUPRQWKV shall mail, deliver or cause to be recorded each
DIWHUWKHDIÀGDYLWZDVÀOHG,IDQDPHQGHG LQVWUXPHQWZKLFKWKHDIÀGDYLWVWDWHVZLOOEH
DIÀGDYLWLVÀOHGXQGHU256FODLPV PDLOHGGHOLYHUHGRUUHFRUGHG
DJDLQVWWKHHVWDWHPXVWEHÀOHGZLWKLQIRXU (c) May open one or more deposit accounts
PRQWKVDIWHUWKHÀOLQJRIWKHDPHQGHGDIÀGD- LQDÀQDQFLDOLQVWLWXWLRQDVGHÀQHGLQ256
YLW,IDVXSSOHPHQWDODIÀGDYLWLVÀOHGXQGHU  ZLWK IXQGV RI WKH GHFHGHQW XSRQ
256FODLPVDJDLQVWWKHHVWDWH ZKLFK WKH DIÀDQW PD\ ZLWKGUDZ IXQGV E\
PXVWEHÀOHGZLWKLQIRXUPRQWKVDIWHUWKH means of checks, drafts or negotiable orders
ÀOLQJRIWKHVXSSOHPHQWDODIÀGDYLW(DFKFODLP of withdrawal or otherwise for the payment of
SUHVHQWHGWRWKHDIÀDQWPXVWLQFOXGHWKHLQIRU- claims and expenses described in paragraph
PDWLRQUHTXLUHGE\256 GRIWKLVVXEVHFWLRQ
 $FODLPSUHVHQWHGWRWKHDIÀDQWVKDOOEH (d) From and to the extent of the property of
considered allowed as presented unless within the estate, shall pay or reimburse any person
GD\VDIWHUWKHGDWHRISUHVHQWPHQWRIWKH ZKRKDVSDLG
FODLPWKHDIÀDQWPDLOVRUGHOLYHUVDQRWLFHRI  $([SHQVHVGHVFULEHGLQ256
disallowance of the claim in whole or in part to EDQGFDQGOLVWHGLQWKHDIÀGDYLW
WKHFODLPDQWDQGDQ\DWWRUQH\IRUWKHFODLPDQW
A notice of disallowance of a claim shall inform (B) Claims listed in the affidavit as
the claimant that the claim has been disal- undisputed;
lowed in whole or in part and, to the extent
GLVDOORZHGZLOOEHEDUUHGXQOHVV ZLWKLQWKHWLPHSHUPLWWHGE\256
(a) The claimant proceeds as provided in
subsection (3) of this section; or
(b) A personal representative is appointed
ZLWKLQWKHWLPHDOORZHGXQGHU256
(3) A creditor of the estate whose claim has
been presented within the time permitted by
subsection (1) of this section and disallowed by
WKHDIÀDQWPD\ZLWKLQGD\VDIWHUWKHGDWH
of mailing or delivery of the notice of disallow-
DQFHÀOHZLWKWKHSUREDWHFRXUWDSHWLWLRQIRU
 &$OORZHGFODLPVSUHVHQWHGWRWKHDIÀDQW
and
(D) Claims which the probate court directs
WKHDIÀDQWWRSD\
(e) Shall pay claims and expenses under
paragraph (d) of this subsection in the order
RISULRULW\SUHVFULEHGE\256
(f) May transfer or sell any vehicle that is
part of the estate before the completion of the
SHULRGHVWDEOLVKHGXQGHU256LIWKH

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

DIÀDQWFRPSOLHVZLWKWKHUHTXLUHPHQWVHVWDE- DVVHVVHG DV SHUVRQDO SURSHUW\ WKH DIÀDQW

lished by the Department of Transportation for
VXFKSXUSRVHVXQGHU256
(g) May convey any real or personal property
that is part of the estate before the completion
RIWKHSHULRGHVWDEOLVKHGXQGHU256
VKDOOÀOHZLWKWKH'HSDUWPHQWRI&RQVXPHU
and Business Services the necessary informa-
tion for recording the successor’s interest in
the manufactured structure on an ownership
GRFXPHQW
provided that each heir or devisee succeeding
to the interest conveyed joins in the conveyance
and that any proceeds of sale, net of the rea-
sonable expenses of sale and any debt secured
as of the date of the decedent’s death by a duly
perfected lien on the property, shall become
DSDUWRIWKHHVWDWHVXEMHFWWR256
WR,IWKHSURSHUW\LVDPDQXIDFWXUHG
VWUXFWXUHDVGHÀQHGLQ256WKHDIÀ-
ant must assign interest in the structure as
SURYLGHGLQ256$Q\FRQYH\DQFHWR
a purchaser in good faith and for a valuable
FRQVLGHUDWLRQPDGHE\WKHDIÀDQWDQGWKHKHLU
or devisee succeeding to the interest conveyed,
or made by the heir or devisee succeeding to
the interest conveyed after completion of the
SHULRGHVWDEOLVKHGXQGHU256FRQYH\V
the interest stated in the conveyance free of
any interest of the claiming successors, and
the purchaser has no duty with respect to
application of the consideration paid for the
FRQYH\DQFH
(2) Notwithstanding any other provision of
this section, when an heir or devisee entitled to
succeed to a conveyance fails or refuses to join
in the conveyance as required by subsection (1)
  $ ÀQDQFLDO LQVWLWXWLRQ DV GHÀQHG LQ
256WKDWRSHQVRQHRUPRUHGHSRVLW
DFFRXQWVIRUDQDIÀDQWSXUVXDQWWRVXEVHFWLRQ
(1)(c) of this section is not liable to any other
person for opening the account or accounts
RU IRU SHUPLWWLQJ WKH DIÀDQW WR ZLWKGUDZ
funds from the account or accounts by means
of checks, drafts, negotiable orders of with-
GUDZDORURWKHUZLVH7KHÀQDQFLDOLQVWLWXWLRQ
is not required to ensure that the funds of the
GHFHGHQWWKDWDUHSDLGRXWE\WKHDIÀDQWDUH
SURSHUO\DSSOLHG>F†F†
F†F†F†
F†F†F†@
114.550 Summary review of administra-
tion of estate; hearing. 7KHDIÀDQWRUDQ\
claiming successor of the estate who has not
been paid the full amount owed such claim-
ing successor may, within two years after the
ÀOLQJRIDQDIÀGDYLWXQGHU256ÀOH
with the probate court a petition for summary
UHYLHZRIDGPLQLVWUDWLRQRIWKHHVWDWH$FUHG-
LWRUPD\QRWÀOHDSHWLWLRQXQGHUWKLVVHFWLRQ
LIWKHFUHGLWRUUHFHLYHGDFRS\RIDQDIÀGDYLW
ÀOHGXQGHU256GHOLYHUHGRUPDLOHG
to such creditor within 30 days after the date
JRIWKLVVHFWLRQDQDIÀDQWDSSURYHGXQGHU WKHDIÀGDYLWZDVÀOHGWKHFUHGLWRUZDVVKRZQ
256PD\FRQYH\DQ\UHDORUSHUVRQDO DVDGLVSXWHGFUHGLWRULQWKHDIÀGDYLWDQGWKH
property that is part of the estate at any time FUHGLWRUKDVQRWÀOHGDSHWLWLRQIRUVXPPDU\
WRDWKLUGSDUW\IRUDYDOXDEOHFRQVLGHUDWLRQ GHWHUPLQDWLRQXQGHU2567KHFRXUW
 3URSHUW\FRQYH\HGE\DQDIÀDQWXQGHU
this section is subject to liens and encum-
brances against the decedent or the estate of
the decedent but is not subject to rights of cred-
itors of the decedent or liens or encumbrances
DJDLQVWWKHKHLUVRUGHYLVHHVRIWKHGHFHGHQW
7KHÀOLQJDQGDOORZDQFHRIDFODLPLQDSUR-
FHHGLQJXQGHU256WRGRHV
QRWPDNHWKHFODLPDQWDVHFXUHGFUHGLWRU
(4) Any claiming successor to whom pay-
ment, delivery or transfer is made under ORS
WRDVDSHUVRQHQWLWOHGWKHUHWR
DV GLVFORVHG LQ WKH DIÀGDYLW LV SHUVRQDOO\
DQVZHUDEOHDQGDFFRXQWDEOH
(a) To the extent of the value of the property
received, to creditors of the estate to the extent
such creditors are entitled to payment under
subsection (1) of this section; and
(b) To any personal representative of the
HVWDWHRIWKHGHFHGHQWWKHUHDIWHUDSSRLQWHG
(5) After the expiration of the period estab-
lished in subsection (1)(b) of this section, the
DIÀDQWVKDOOFDXVHWREHUHFRUGHGLQWKHGHHG
shall hear the matter without a jury, after
QRWLFHWRWKHFODLPLQJVXFFHVVRUDQGWKHDIÀ-
ant, and any interested person may be heard
LQWKHSURFHHGLQJ8SRQWKHKHDULQJWKHFRXUW
shall review administration of the estate in a
VXPPDU\PDQQHUDQGPD\RUGHUWKHDIÀDQWWR
sell property of the estate and pay creditors, to
pay creditors of the estate from property of the
HVWDWHRURIWKHDIÀDQWRUWRGLVWULEXWHSURSHUW\
of the estate to the claiming successors, or may
order any person who has received property
of the estate to pay amounts owed to claiming
VXFFHVVRUVRIWKHHVWDWHLQZKROHRULQSDUW
>F†F†@
114.555 Effect of failure to appoint
personal representative. ,IDSHUVRQDOUHS-
resentative is not appointed within four months
DIWHUWKHÀOLQJRIWKHDIÀGDYLWDXWKRUL]HGE\
256WKHLQWHUHVWRIWKHGHFHGHQWLQ
DOORIWKHSURSHUW\GHVFULEHGLQWKHDIÀGDYLW
is transferred to the person or persons shown
E\WKHDIÀGDYLWWREHHQWLWOHGWKHUHWRDQGDQ\
other claims against the property are barred,
H[FHSW
records of any county in which real property
EHORQJLQJWRWKHGHFHGHQWLVVLWXDWHGDQDIÀ-
ant or claiming successor’s deed conveying the
property to persons entitled to the property,
executed in the manner required by ORS chap-
WHU
 $VSURYLGHGLQ256
DQGDQG
(2) For the purposes of a surviving spouse’s
claim for an elective share in the manner pro-
YLGHGE\256WR>F
†F†F†F
 )RUDPDQXIDFWXUHGVWUXFWXUHDVGHÀQHG †@
LQ256EHORQJLQJWRDGHFHGHQWDQG

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

114.560 Exclusive remedy. The exclusive in which the crime is alleged to have been
remedy of a person injured by the failure of the FRPPLWWHG
DIÀDQWRUDQ\FODLPLQJVXFFHVVRUWRFRPSO\
ZLWK WKH UHTXLUHPHQWV RI 256  WR
VKDOOEHDVXPPDU\GHWHUPLQDWLRQ
XQGHU256DVXPPDU\UHYLHZRI
DGPLQLVWUDWLRQXQGHU256RUDSSRLQW-
ment of a personal representative for the estate
ZLWKLQWKHWLPHDOORZHGE\256>
F†@
Chapter 133
ARREST AND RELATED
PROCEDURES
General Provisions
 3HDFHRIÀFHUFRPPXQLW\FDUH-
 $FRPSODLQWRULQIRUPDWLRQPD\EHÀOHG
with the court before or after the issuance of a
FULPLQDOFLWDWLRQZLWKRXWDFRPSODLQW1RWKLQJ
in this section affects the requirement that a
FRPSODLQWRULQIRUPDWLRQEHÀOHGIRUWKHFULPH
FKDUJHG
(4) More than one crime may be charged in
DVLQJOHFULPLQDOFLWDWLRQ+RZHYHULIDGHIHQ-
dant is to be charged with driving while under
WKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI256
DVHSDUDWHFULPLQDOFLWDWLRQPXVWEH
used for the charge of driving while under the
LQÁXHQFHRILQWR[LFDQWVDQGWKDWFLWDWLRQPD\
not be used to charge the defendant with the
FRPPLVVLRQRIDQ\RWKHUFULPH
(5) Uniform citation forms for crimes shall
be adopted by the Supreme Court under ORS
,QDGRSWLQJWKRVHIRUPVWKH6XSUHPH
taking functions. ([FHSWDVRWKHUZLVH
H[SUHVVO\SURKLELWHGE\ODZDQ\SHDFHRIÀFHU
is authorized to perform community caretaking
IXQFWLRQV
(2) As used in this section, “community care-
WDNLQJIXQFWLRQVµPHDQVDQ\ODZIXODFWVWKDW
DUHLQKHUHQWLQWKHGXW\RIWKHSHDFHRIÀFHUWR
VHUYHDQGSURWHFWWKHSXEOLF´&RPPXQLW\FDUH-
WDNLQJIXQFWLRQVµLQFOXGHVEXWLVQRWOLPLWHG
WR FRQWDLQ
(a) The right to enter or remain upon the
premises of another if it reasonably appears
WREHQHFHVVDU\WR
Court may combine the requirements for
criminal citations under this section and the
requirements for violation citations under ORS
$FULPHDQGDYLRODWLRQPD\QRWEH
FKDUJHGRQWKHVDPHFLWDWLRQIRUP>F
†@
133.068 Contents of criminal citation
issued without complaint. A criminal cita-
tion issued without a form of complaint must

(1) The name of the court at which the cited
SHUVRQLVWRDSSHDU
(A) Prevent serious harm to any person or
property;
(B) Render aid to injured or ill persons; or
 7KHQDPHRIWKHSHUVRQFLWHG
(3) A brief description of the offense for
which the person is charged, the date, time and
place at which the offense occurred, the date
 &/RFDWHPLVVLQJSHUVRQV on which the citation was issued, and the name
RIWKHSHDFHRIÀFHUZKRLVVXHGWKHFLWDWLRQ
 E7KHULJKWWRVWRSRUUHGLUHFWWUDIÀFRUDLG
motorists or other persons when such action (4) The date, time and place at which the
UHDVRQDEO\DSSHDUVWREHQHFHVVDU\WR person cited is to appear in court, and a sum-
PRQVWRVRDSSHDU
(A) Prevent serious harm to any person or
property; (5) Whether a complaint or information had
EHHQÀOHGZLWKWKHFRXUWDWWKHWLPHWKHFLWD-
(B) Render aid to injured or ill persons; or WLRQZDVLVVXHG
 &/RFDWHPLVVLQJSHUVRQV  ,IWKHDUUHVWZDVPDGHE\DSULYDWHSDUW\
(3) Nothing contained in this section shall WKHQDPHRIWKHDUUHVWLQJSHUVRQ
be construed to limit the authority of a peace
RIÀFHUWKDWLVLQKHUHQWLQWKHRIÀFHRUWKDWLV
JUDQWHGE\DQ\RWKHUSURYLVLRQRIODZ>
F†F†F†@
Criminal Citations
133.066 Criminal citations generally. (1)
A criminal citation may include a complaint or
PD\EHLVVXHGZLWKRXWDIRUPRIFRPSODLQW,ID
criminal citation is issued without a complaint,
the citation must be in the form provided by
256,IDFULPLQDOFLWDWLRQLVLVVXHG
with a complaint, the citation must be in the
IRUPSURYLGHGE\256
(2) A criminal citation may be issued with a
complaint only if a procedure for the issuance
of a citation with a complaint has been autho-
rized by the district attorney for the county
Miscellaneous Laws 3DJH (2015 Edition)
 7KHIROORZLQJ
___________________________________
5($'&$5()8//<
This citation is not a complaint or an infor-
PDWLRQ$FRPSODLQWRUDQLQIRUPDWLRQPD\EH
ÀOHGDQG\RXZLOOEHSURYLGHGDFRS\WKHUHRIDW
WKHWLPHRI\RXUÀUVWDSSHDUDQFH<RX0867
DSSHDULQFRXUWDWWKHWLPHVHWLQWKHFLWDWLRQ
,)<28)$,/72$33($5$1'$&20-
3/$,1725,1)250$7,21+$6%((1
),/('7+(&2857:,//,00(',$7(/<
,668($:$55$17)25<285$55(67
____________________________________
>F†@
 MISCELLANEOUS LAWS

133.069 Contents of criminal citation liabilities in relation to the citation and any
issued with complaint; nonconformance. FRPSODLQWLQFOXGHGZLWKWKHFLWDWLRQDVDQRIÀ-
(1) A criminal citation issued with a form of cer has in relation to citations and complaints
FRPSODLQWPXVWFRQWDLQ WKDWDUHÀOHGZLWKWKHFRXUWLQSDSHUIRUPDQG
(a) The name of the court at which the cited DUHFHUWLÀHGE\DFWXDOVLJQDWXUH
SHUVRQLVWRDSSHDU  $FRXUWPD\DOORZHOHFWURQLFÀOLQJRI
 E7KHQDPHRIWKHSHUVRQFLWHG criminal citations as described under subsec-
WLRQRIWKLVVHFWLRQ3URFHGXUHVHVWDEOLVKHG
(c) A complaint containing at least the WRDOORZHOHFWURQLFÀOLQJRIFULPLQDOFLWDWLRQV
IROORZLQJ under this section shall be established by court
(A) The name of the court, the name of the rule and shall include procedures necessary to
state or of the city or other public body in whose HQVXUHWKDW
name the action is brought and the name of the
GHIHQGDQW
(B) A statement or designation of the crime
that can be readily understood by a person
making a reasonable effort to do so and the
date, time and place at which the crime is
DOOHJHGWRKDYHEHHQFRPPLWWHG
 D$QHOHFWURQLFDOO\ÀOHGFULPLQDOFLWDWLRQ
with or without a form of complaint includes
all information required on a uniform citation
adopted by the Supreme Court under ORS
+RZHYHUDQHOHFWURQLFDOO\ÀOHGFULPLQDO
citation containing all required information,
but of a different size or format than a uniform
citation adopted by the Supreme Court under
 &$IRUPRIFHUWLÀFDWHLQZKLFKWKHSHDFH 256VKDOOQRWEHSURKLELWHGE\RUIRXQG
RIÀFHUPXVWFHUWLI\WKDWWKHSHDFHRIÀFHUKDV in violation of a rule established under this
VXIÀFLHQWJURXQGVWREHOLHYHDQGGRHVEHOLHYH VXEVHFWLRQ
that the person named in the complaint com-
PLWWHGWKHRIIHQVHVSHFLÀHGLQWKHFRPSODLQW
$ FHUWLÀFDWH FRQIRUPLQJ WR WKLV VXESDUD-
graph shall be deemed equivalent to a sworn
FRPSODLQW
(d) The date on which the citation was
LVVXHGDQGWKHQDPHRIWKHSHDFHRIÀFHUZKR
LVVXHGWKHFLWDWLRQ
(e) The date, time and place at which the
person cited is to appear in court, and a sum-
PRQVWRVRDSSHDU
 E$QHOHFWURQLFDOO\ÀOHGFULPLQDOFLWDWLRQ
ZLWKRUZLWKRXWDIRUPRIFRPSODLQWLVYHULÀDEOH
DVEHLQJÀOHGE\DVSHFLÀFSHDFHRIÀFHU
(c) Members of the public can obtain copies of
and review a criminal citation with or without
DIRUPRIFRPSODLQWWKDWLVHOHFWURQLFDOO\ÀOHG
and maintained under this section in the same
PDQQHUDVWKHPDQQHUXVHGIRUWKRVHÀOHGRQ
SDSHU
(3) For a criminal citation with a form of
FRPSODLQW LVVXHG XQGHU 256  WKH
 I,IWKHDUUHVWZDVPDGHE\DSULYDWHSDUW\
WKHQDPHRIWKHDUUHVWLQJSHUVRQ
(2) The district attorney for the county shall
review any criminal citation issued with a form
RIFRPSODLQWWKDWLVWREHÀOHGLQDFLUFXLWRU
MXVWLFHFRXUW7KHUHYLHZPXVWEHGRQHEHIRUH
WKHFRPSODLQWLVÀOHG
district attorney’s review required by ORS
DQGLIQHFHVVDU\DPHQGPHQWVIRU
OHJDOVXIÀFLHQF\PXVWEHFRPSOHWHGEHIRUHWKH
HOHFWURQLFÀOLQJRIWKHFLWDWLRQZLWKWKHIRUP
of complaint is made with a court under this
VHFWLRQ>F†F†@
Warrant Of Arrest
 ,IWKHFRPSODLQWGRHVQRWFRQIRUPWRWKH
requirements of this section, the court shall set
the complaint aside upon motion of the defen-
GDQWPDGHEHIRUHHQWU\RIDSOHD$SUHWULDO
ruling on a motion to set aside may be appealed
E\WKHVWDWH
(4) A court may amend a complaint at its
GLVFUHWLRQ>F†F†
F†@
 (OHFWURQLFÀOLQJRIFULPLQDO
citation; court rules. (1) Notwithstanding
256DSHDFHRIÀFHUIROORZLQJSUR-
FHGXUHVHVWDEOLVKHGE\FRXUWUXOHPD\ÀOHD
criminal citation with or without a form of
complaint with the court by electronic means,
ZLWKRXWDQDFWXDOVLJQDWXUHRIWKHRIÀFHULQ
OLHXRIÀOLQJDGXSOLFDWHSDSHUFRS\RIWKHFLWD-
WLRQ$FULPLQDOFLWDWLRQÀOHGXQGHUWKLVVHFWLRQ
may be of a different size or format than a
uniform citation adopted by the Supreme
&RXUWXQGHU256$SHDFHRIÀFHUZKR
ÀOHVDFULPLQDOFLWDWLRQXQGHUWKLVVHFWLRQLV
deemed to certify the citation and any com-
SODLQWLQFOXGHGZLWKWKHFLWDWLRQE\WKDWÀOLQJ
and has the same rights, responsibilities and
Miscellaneous Laws 3DJH
133.110 Issuance; citation. ,IDQLQIRU-
PDWLRQRUDFRPSODLQWKDVEHHQÀOHGZLWKWKH
PDJLVWUDWHDQGWKHPDJLVWUDWHLVVDWLVÀHG
that there is probable cause to believe that the
SHUVRQKDVFRPPLWWHGWKHFULPHVSHFLÀHGLQ
the information or complaint, the magistrate
VKDOOLVVXHDZDUUDQWRIDUUHVW,IWKHRIIHQVH
is subject to issuance of a criminal citation
XQGHU256WKHFRXUWPD\DXWKRUL]H
DSHDFHRIÀFHUWRLVVXHDQGVHUYHDFULPLQDO
FLWDWLRQLQOLHXRIDUUHVW>$PHQGHGE\
F†F†F†
F†@
133.120 Authority to issue warrant. (1)
A judge of the Supreme Court or the Court of
Appeals may issue a warrant of arrest for any
crime committed or triable within the state,
and any other magistrate mentioned in ORS
PD\LVVXHDZDUUDQWIRUDQ\FULPH
committed or triable within the territorial
MXULVGLFWLRQRIWKHPDJLVWUDWH·VFRXUW
(2) Notwithstanding subsection (1) of this
section, a circuit court judge duly assigned
SXUVXDQWWR256WRVHUYHDVDMXGJHSUR
tempore in a circuit court may issue a warrant
(2015 Edition)
 MISCELLANEOUS LAWS  

of arrest for a crime committed or triable 133.225 Arrest by private person. (1) A
within the territorial jurisdiction of any circuit
private person may arrest another person for
court in which the judge serves as judge pro any crime committed in the presence of the pri-
tempore if the request for the warrant includes vate person if the private person has probable
DQDIÀGDYLWVKRZLQJWKDWDUHJXODUO\HOHFWHG cause to believe the arrested person committed
or appointed circuit court judge for the judicial
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district is not available, whether by reason of arrest shall, without unnecessary delay, take
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the arrested person before a magistrate or
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133.140 Content and form of warrant. XQGHU256>F†@
$ZDUUDQWRIDUUHVWVKDOO  $UUHVWE\SHDFHRIÀFHUSURFH-
(1) Be in writing; dure. $SHDFHRIÀFHUPD\DUUHVWDSHUVRQ
(2) Specify the name of the person to be IRUDFULPHDWDQ\KRXURIDQ\GD\RUQLJKW
arrested, or if the name is unknown, shall  $SHDFHRIÀFHUPD\DUUHVWDSHUVRQIRUD
designate the person by any name or descrip- FULPHSXUVXDQWWR256ZKHWKHU
WLRQE\ZKLFKWKHSHUVRQFDQEHLGHQWLÀHGZLWK or not such crime was committed within
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(3) State the nature of the crime; HPSOR\PHQWDQGWKHSHDFHRIÀFHUPD\PDNH
such arrest within the state, regardless of the
(4) State the date when issued and the VLWXVRIWKHRIIHQVH
county or city where issued;
 7KHRIÀFHUVKDOOLQIRUPWKHSHUVRQWREH
(5) Be in the name of the State of Oregon or DUUHVWHGRIWKHRIÀFHU·VDXWKRULW\DQGUHDVRQ
the city where issued, be signed by and bear for the arrest, and, if the arrest is under a war-
WKHWLWOHRIWKHRIÀFHRIWKHPDJLVWUDWHKDYLQJUDQWVKDOOVKRZWKHZDUUDQWXQOHVVWKHRIÀFHU
authority to issue a warrant for the crime HQFRXQWHUVSK\VLFDOUHVLVWDQFHÁLJKWRURWKHU
charged; factors rendering this procedure impracticable,
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to arrest the person for whom the warrant PD\XVHSK\VLFDOIRUFHDVMXVWLÀDEOHXQGHU256
was issued and to bring the person before the DQG
magistrate issuing the warrant, or if the mag-
istrate is absent or unable to act, before the  ,QRUGHUWRPDNHDQDUUHVWDSHDFHRIÀ-
nearest or most accessible magistrate in the FHUPD\HQWHUSUHPLVHVLQZKLFKWKHRIÀFHU
same county; has probable cause to believe the person to be
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ble cause to believe the person to be arrested to
DGPLWWHGWKHRIÀFHUPD\HQWHUWKHSUHPLVHV
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authority and purpose, if the issuing judge has DQGE\DEUHDNLQJLIQHFHVVDU\
approved a request for such special authoriza- (7) A person may not be arrested for a vio-
tion; and lation except to the extent provided by ORS
(8) Specify the amount of security for DQG>F†
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(a) For any crime committed in the federal
Arrest
RIÀFHU·VSUHVHQFHLIWKHIHGHUDORIÀFHUKDVSURE-
133.220 Who may make arrest. An arrest able cause to believe the person committed the
PD\EHHIIHFWHGE\ FULPH
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

  7KH IHGHUDO RIÀFHU VKDOO LQIRUP WKH (c) The person to be arrested has violated
SHUVRQWREHDUUHVWHGRIWKHIHGHUDORIÀFHU·V WKHWHUPVRIWKDWRUGHU
DXWKRULW\DQGUHDVRQIRUWKHDUUHVW  $SHDFHRIÀFHUVKDOODUUHVWDQGWDNHLQWR
 ,QRUGHUWRPDNHDQDUUHVWDIHGHUDO FXVWRG\DSHUVRQZLWKRXWDZDUUDQWLI
RIÀFHUPD\XVHSK\VLFDOIRUFHDVLVMXVWLÀDEOH (a) The person protected by a foreign
DQGDXWKRUL]HGRIDSHDFHRIÀFHUXQGHU256 UHVWUDLQLQJRUGHUDVGHÀQHGE\256
DQG presents a copy of the foreign restraining order
 D$IHGHUDORIÀFHUPDNLQJDQDUUHVW
under this section without unnecessary delay
shall take the arrested person before a magis-
trate or deliver the arrested person to a peace
RIÀFHU
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the order supplied is the most recent order in
effect between the parties and that the person
restrained by the order has been personally
served with a copy of the order or has actual
 E 7KH IHGHUDO RIÀFHU UHWDLQV DXWKRULW\ notice of the order; and
over the arrested person only until the person  E7KHSHDFHRIÀFHUKDVSUREDEOHFDXVHWR
appears before a magistrate or until the law believe that the person to be arrested has vio-
enforcement agency having general jurisdic- ODWHGWKHWHUPVRIWKHIRUHLJQUHVWUDLQLQJRUGHU
tion over the area in which the arrest took  $SHDFHRIÀFHUVKDOODUUHVWDQGWDNHLQWR
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 $IHGHUDORIÀFHUZKHQPDNLQJDQDUUHVW
for a nonfederal offense under the circum-
stances provided in this section shall have the
same immunity from suit as a state or local
ODZHQIRUFHPHQWRIÀFHU
(a) The person protected by a foreign
UHVWUDLQLQJRUGHUDVGHÀQHGE\256
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as a party protected by a foreign restraining
 $IHGHUDORIÀFHULVDXWKRUL]HGWRPDNH RUGHUHQWHUHGLQWKH/DZ(QIRUFHPHQW'DWD
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by the Department of Public Safety Standards &ULPH,QIRUPDWLRQ&HQWHURIWKH8QLWHG6WDWHV
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UHFHLYHGSURSHUWUDLQLQJWRHQDEOHWKDWRIÀFHU  E7KHSHDFHRIÀFHUKDVSUREDEOHFDXVHWR
WRPDNHDUUHVWVXQGHUWKLVVHFWLRQ>F believe that the person to be arrested has vio-
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 $SHDFHRIÀFHUVKDOODUUHVWDQGWDNHLQWR
 $XWKRULW\RISHDFHRIÀFHUWR custody a person without a warrant if the peace
arrest without warrant. $SHDFHRIÀFHU RIÀFHUKDVSUREDEOHFDXVHWREHOLHYH
may arrest a person without a warrant if the
RIÀFHUKDVSUREDEOHFDXVHWREHOLHYHWKDWWKH (a) The person has been charged with an
SHUVRQKDVFRPPLWWHGDQ\RIWKHIROORZLQJ offense and is presently released as to that
FKDUJHXQGHU256WRDQG
 D$IHORQ\
(b) The person has failed to comply with a
 E$PLVGHPHDQRU QRFRQWDFWFRQGLWLRQRIWKHUHOHDVHDJUHHPHQW
 F$QXQFODVVLÀHGRIIHQVHIRUZKLFKWKH >$PHQGHGE\F†F†
maximum penalty allowed by law is equal to F†F†F†
or greater than the maximum penalty allowed F†F†F†
IRUD&ODVV&PLVGHPHDQRU F†F†DF†
 G$Q\RWKHUFULPHFRPPLWWHGLQWKHRIÀ- F†F†F†
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by telegraph, telephone, radio or other mode of
FRPPXQLFDWLRQE\DQRWKHUSHDFHRIÀFHURIDQ\ 133.315 Liability of peace officer
state that there exists a duly issued warrant making arrest. 1RSHDFHRIÀFHUVKDOOEH
for the arrest of a person within the other peace held criminally or civilly liable for making an
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custody a person without a warrant when the
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civilly liable for any arrest made under ORS
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WR256FRUG WKDW

RU%UHVWUDLQLQJWKH (a) A document or other writing supplied to
person;
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rate copy of a foreign restraining order as
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order in effect between the parties; and
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

RUKDVDFWXDOQRWLFHRIWKHRUGHU>F  ´8QLGHQWLÀHGKXPDQUHPDLQVµGRHVQRW
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F†@ human remains that are part of an archaeolog-
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the Legislative Assembly but was not added
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Chapter 146
ical site or suspected of being Native American
and covered under ORS chapters 97 and 390
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146.035 State Medical Examiner; per-
sonnel; records; right to examine records.
(1) There is established within the Department
RI6WDWH3ROLFHWKH6WDWH0HGLFDO([DPLQHU·V
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 'HÀQLWLRQVIRU256WR LQHU·VSURJUDP
146.189 and 146.710 to 146.992. As used
LQ256WRDQGWR (3) Subject to the State Personnel Relations
XQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH /DZWKH6WDWH0HGLFDO([DPLQHUPD\HPSOR\
or discharge other personnel of the State Med-
 ´$SSURYHGODERUDWRU\µPHDQVDODERUD- LFDO([DPLQHU·VRIÀFH
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as competent to perform the blood sample anal-   7KH 6WDWH 0HGLFDO ([DPLQHU·V RIÀFH
\VLVUHTXLUHGE\256 VKDOO
 ´$VVLVWDQWGLVWULFWPHGLFDOH[DPLQHUµ (a) File and maintain appropriate reports
means a physician appointed by the district RQDOOGHDWKVUHTXLULQJLQYHVWLJDWLRQ
medical examiner to investigate and certify (b) Maintain an accurate list of all active
GHDWKVZLWKLQDFRXQW\RUGLVWULFW district medical examiners, assistant dis-
 ´&DXVHRIGHDWKµPHDQVWKHSULPDU\RU trict medical examiners and designated
EDVLFGLVHDVHSURFHVVRULQMXU\HQGLQJOLIH SDWKRORJLVWV
 ´'HDWKUHTXLULQJLQYHVWLJDWLRQµPHDQV (c) Transmit monthly to the Department
the death of a person occurring in any one of of Transportation a report for the preceding
WKHFLUFXPVWDQFHVVHWIRUWKLQ256 calendar month of all information obtained
XQGHU256
 ´'HSXW\PHGLFDOH[DPLQHUµPHDQVD
person appointed by the district medical exam-  1RWZLWKVWDQGLQJ256
iner to assist in the investigation of deaths (a) Any parent, spouse, sibling, child or
ZLWKLQDFRXQW\ personal representative of the deceased, or
 ´'LVWULFWPHGLFDOH[DPLQHUµPHDQVD
physician appointed by the State Medical
([DPLQHUWRLQYHVWLJDWHDQGFHUWLI\GHDWKV
within a county or district, including a Deputy
6WDWH0HGLFDO([DPLQHU
any person who may be criminally or civilly
liable for the death, or their authorized rep-
resentatives respectively, may examine and
obtain copies of any medical examiner’s report,
autopsy report or laboratory test report ordered
E\DPHGLFDOH[DPLQHUXQGHU256
  ´/DZ HQIRUFHPHQW DJHQF\µ PHDQV
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department, police department established by
DXQLYHUVLW\XQGHU256RUDQG
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 E7KHV\VWHPGHVFULEHGLQ256
shall have access to reports described in this
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146.045 Duties of State Medical Exam-
iner. (1) After consultation with the State
 ´0DQQHURIGHDWKµPHDQVWKHGHVLJQD- 0HGLFDO([DPLQHU$GYLVRU\%RDUGWKH6WDWH
tion of the probable mode of production of the 0HGLFDO([DPLQHUVKDOODSSRLQWHDFK'HSXW\
cause of death, including natural, acciden- 6WDWH0HGLFDO([DPLQHU
tal, suicidal, homicidal, legal intervention or
XQGHWHUPLQHG  7KH6WDWH0HGLFDO([DPLQHUVKDOO
 ´0HGLFDOH[DPLQHUµPHDQVDSK\VL- (a) Appoint and discharge each district med-
FLDQDSSRLQWHGDVSURYLGHGE\256 LFDOH[DPLQHUDVSURYLGHGE\256
WRWRLQYHVWLJDWHDQGFHUWLI\WKHFDXVH (b) Designate those pathologists authorized
and manner of deaths requiring investigation, WRSHUIRUPDXWRSVLHVXQGHU256
LQFOXGLQJWKH6WDWH0HGLFDO([DPLQHU
(c) Approve those laboratories authorized
 ´3DWKRORJLVWµPHDQVDSK\VLFLDQKROG- to perform the analyses required under ORS
ing a current license to practice medicine and 
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
(a) Assume control of a death investigation
LQFRRSHUDWLRQZLWKWKHGLVWULFWDWWRUQH\
(b) Order an autopsy in a death requiring
LQYHVWLJDWLRQ
(c) Certify the cause and manner of a death
UHTXLULQJLQYHVWLJDWLRQ
(d) Amend a previously completed report on
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(e) Order a body exhumed in a death requir-
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investigation, order samples of blood or urine
WDNHQIRUODERUDWRU\DQDO\VLV
(2) When a death requiring an investigation
as a result of a motor vehicle accident occurs
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deceased is over 13 years of age, a blood sample
shall be taken and forwarded to an approved
ODERUDWRU\IRUDQDO\VLV6XFKEORRGRUXULQH
samples shall be analyzed for the presence
and quantity of ethyl alcohol, and if considered
QHFHVVDU\E\WKH6WDWH0HGLFDO([DPLQHUWKH
SUHVHQFHRIFRQWUROOHGVXEVWDQFHV
 I'HVLJQDWHD'HSXW\6WDWH0HGLFDO([DP-
LQHUDV$FWLQJ6WDWH0HGLFDO([DPLQHU (3) Laboratory reports of the analysis shall
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(g) After a reasonable and thorough inves- DQGGLVWULFWPHGLFDOH[DPLQHU·VÀOHV>
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(4) Distribution of moneys from the State
0HGLFDO ([DPLQHU·V EXGJHW IRU SDUWLDO Chapter 161
reimbursement of each county’s autopsy expen-
ditures shall be made subject to approval of the
6WDWH0HGLFDO([DPLQHU CRIMES AND PUNISHMENTS
(5) Within 45 days of receipt of information
that a person is missing at sea and presumed *HQHUDO'HÀQLWLRQV
GHDGWKH6WDWH0HGLFDO([DPLQHUVKDOOGHWHU-   *HQHUDO GHÀQLWLRQV As used
mine whether the information is credible and, in chapter 743, Oregon Laws 1971, and ORS
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is determined not to be credible, the State
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146.090 Deaths requiring investigation.
(1) The medical examiner shall investigate and
 ´'DQJHURXVZHDSRQµPHDQVDQ\ZHDSRQ
device, instrument, material or substance
which under the circumstances in which it is
used, attempted to be used or threatened to
be used, is readily capable of causing death or
VHULRXVSK\VLFDOLQMXU\
certify the cause and manner of all human  ´'HDGO\ZHDSRQµPHDQVDQ\LQVWUXPHQW
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and presently capable of causing death or seri-
(a) Apparently homicidal, suicidal or RXVSK\VLFDOLQMXU\
occurring under suspicious or unknown
circumstances;
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controlled substances or the use or abuse of
chemicals or toxic agents;
 ´'HDGO\SK\VLFDOIRUFHµPHDQVSK\VLFDO
force that under the circumstances in which
it is used is readily capable of causing death
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(c) Occurring while incarcerated in any jail,
correction facility or in police custody;
(d) Apparently accidental or following an
injury;
(e) By disease, injury or toxic agent during
or arising from employment;
(f) While not under the care of a physician
during the period immediately previous to
death;
 ´3HDFHRIÀFHUµPHDQV
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(g) Related to disease which might consti- 256$
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 K,QZKLFKDKXPDQERG\DSSDUHQWO\KDV LW\GHVFULEHGLQ256
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(2) As used in this section, “offensive
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Miscellaneous Laws
 ´3HUVRQµPHDQVDKXPDQEHLQJDQG
where appropriate, a public or private cor-
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the general public has access and includes,
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sections may be determined by referring to
the 1971 Comparative Section Table located
 ´&ULPLQDOQHJOLJHQFHµRU´FULPLQDOO\
QHJOLJHQWµZKHQXVHGZLWKUHVSHFWWRDUHVXOW
or to a circumstance described by a statute
GHÀQLQJ DQ RIIHQVH PHDQV WKDW D SHUVRQ
fails to be aware of a substantial and unjus-
WLÀDEOHULVNWKDWWKHUHVXOWZLOORFFXURUWKDW
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such nature and degree that the failure to be
aware of it constitutes a gross deviation from
the standard of care that a reasonable person
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161.095 Requirements for criminal
liability. (1) The minimal requirement for
criminal liability is the performance by a
person of conduct which includes a voluntary
act or the omission to perform an act which
WKHSHUVRQLVFDSDEOHRISHUIRUPLQJ
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person is not guilty of an offense unless the
Criminal Liability
person acts with a culpable mental state with
 'HÀQLWLRQVZLWKUHVSHFWWRFXO- respect to each material element of the offense
pability. As used in chapter 743, Oregon Laws that necessarily requires a culpable mental
DQG256XQOHVVWKHFRQWH[W VWDWH>F†@
UHTXLUHVRWKHUZLVH 161.105 Culpability requirement
 ´$FWµPHDQVDERGLO\PRYHPHQW inapplicable to certain violations and
offenses. 1RWZLWKVWDQGLQJ256
 ´9ROXQWDU\DFWµPHDQVDERGLO\PRYH- DFXOSDEOHPHQWDOVWDWHLVQRWUHTXLUHGLI
ment performed consciously and includes the
FRQVFLRXVSRVVHVVLRQRUFRQWURORISURSHUW\ (a) The offense constitutes a violation, unless
a culpable mental state is expressly included
 ´2PLVVLRQµPHDQVDIDLOXUHWRSHUIRUP LQWKHGHÀQLWLRQRIWKHRIIHQVHRU
an act the performance of which is required
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the Oregon Criminal Code clearly indicates a
 ´&RQGXFWµPHDQVDQDFWRURPLVVLRQDQG legislative intent to dispense with any culpable
LWVDFFRPSDQ\LQJPHQWDOVWDWH mental state requirement for the offense or for
 ´7RDFWµPHDQVHLWKHUWRSHUIRUPDQDFW DQ\PDWHULDOHOHPHQWWKHUHRI
RUWRRPLWWRSHUIRUPDQDFW (2) Notwithstanding any other existing law,
 ´&XOSDEOHPHQWDOVWDWHµPHDQVLQWHQ- and unless a statute enacted after January 1,
tionally, knowingly, recklessly or with criminal RWKHUZLVHSURYLGHVDQRIIHQVHGHÀQHG
QHJOLJHQFHDVWKHVHWHUPVDUHGHÀQHGLQVXE- by a statute outside the Oregon Criminal Code
VHFWLRQVDQGRIWKLVVHFWLRQ that requires no culpable mental state consti-
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used with respect to a result or to conduct  $OWKRXJKDQRIIHQVHGHÀQHGE\DVWDWXWH
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means that a person acts with a conscious no culpable mental state with respect to one

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

or more of its material elements, the culpa- Inchoate Crimes

ble commission of the offense may be alleged
and proved, in which case criminal negligence
FRQVWLWXWHVVXIÀFLHQWFXOSDELOLW\DQGWKHFODV-
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161.405 “Attempt” described. (1) A person
is guilty of an attempt to commit a crime when
the person intentionally engages in conduct
which constitutes a substantial step toward
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161.115 Construction of statutes with (a) Class A felony if the offense attempted
respect to culpability. ,IDVWDWXWHGHÀQ-
ing an offense prescribes a culpable mental
state but does not specify the element to which
it applies, the prescribed culpable mental state
applies to each material element of the offense
that necessarily requires a culpable mental
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(b) Class B felony if the offense attempted
LVD&ODVV$IHORQ\
(c) Class C felony if the offense attempted is
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(d) Class A misdemeanor if the offense
 ([FHSWDVSURYLGHGLQ256LID
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a culpable mental state, culpability is none-
theless required and is established only if a
person acts intentionally, knowingly, recklessly
RUZLWKFULPLQDOQHJOLJHQFH
attempted is a Class C felony or an unclassi-
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(e) Class B misdemeanor if the offense
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(f ) Class C misdemeanor if the offense
DWWHPSWHGLVD&ODVV%PLVGHPHDQRU
 ,IWKHGHÀQLWLRQRIDQRIIHQVHSUHVFULEHV
criminal negligence as the culpable mental
state, it is also established if a person acts
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mental state, it is also established if a person
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mental state, it is also established if a person
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(g) Violation if the offense attempted is a
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Classes Of Offenses
161.505 “Offense” described. An offense
is conduct for which a sentence to a term of
LPSULVRQPHQWRUWRDÀQHLVSURYLGHGE\DQ\
law of this state or by any law or ordinance of
 .QRZOHGJHWKDWFRQGXFWFRQVWLWXWHVDQ
offense, or knowledge of the existence, mean-
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offense, is not an element of an offense unless
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161.125 Drug or controlled substance
use or dependence or intoxication as
defense. (1) The use of drugs or controlled
substances, dependence on drugs or controlled
substances or voluntary intoxication shall not,
as such, constitute a defense to a criminal
charge, but in any prosecution for an offense,
evidence that the defendant used drugs or con-
trolled substances, or was dependent on drugs
or controlled substances, or was intoxicated
may be offered by the defendant whenever it
is relevant to negative an element of the crime
FKDUJHG
(2) When recklessness establishes an ele-
ment of the offense, if the defendant, due to
the use of drugs or controlled substances,
dependence on drugs or controlled substances
or voluntary intoxication, is unaware of a risk
of which the defendant would have been aware
had the defendant been not intoxicated, not
using drugs or controlled substances, or not
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161.515 “Crime” described. (1) A crime
is an offense for which a sentence of imprison-
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(2) A crime is either a felony or a misde-
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161.525 “Felony” described. ([FHSWDV
SURYLGHGLQ256DQGDFULPH
is a felony if it is so designated in any statute
of this state or if a person convicted under a
statute of this state may be sentenced to a max-
imum term of imprisonment of more than one
\HDU>F†@
 &ODVVLÀFDWLRQRIIHORQLHV(1) Fel-
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(a) Class A felonies;
(b) Class B felonies;
(c) Class C felonies; and
dependent on drugs or controlled substances,  G8QFODVVLÀHGIHORQLHV
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the express sentence provided is within the

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

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161.545 “Misdemeanor” described. A  D%HOHVVWKDQWKHSUHVXPSWLYHÀQHHVWDE-
crime is a misdemeanor if it is so designated in OLVKHGE\256IRUD&ODVV$YLRODWLRQ
any statute of this state or if a person convicted or
thereof may be sentenced to a maximum term
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 &ODVVLÀFDWLRQRIPLVGHPHDQRUV
 E([FHHGWKHPD[LPXPÀQHHVWDEOLVKHG
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(4) A prosecuting attorney may not elect
to treat misdemeanors created under ORS
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(a) Class A misdemeanors; (5) The election provided for in this sec-
(b) Class B misdemeanors; tion may be made by a city attorney acting as
(c) Class C misdemeanors; and prosecuting attorney in the case of municipal
ordinance offenses, a county counsel acting as
 G8QFODVVLÀHGPLVGHPHDQRUV prosecuting attorney under a county charter in
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Code is expressly designated in the section
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this code which, because of the express sen-
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the case of county ordinance offenses, and the
Attorney General acting as prosecuting attor-
ney in those criminal actions or proceedings
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161.568 Misdemeanor treated as viola-
PLVGHPHDQRU tion; court’s election. ([FHSWDVSURYLGHG
 $QRIIHQVHGHÀQHGE\DVWDWXWHRIWKLV in subsection (4) of this section, a court may
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conviction, shall be considered a Class A mis- MXGJPHQWXQGHU256LI
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161.566 Misdemeanor treated as viola- with the court for the misdemeanor;
tion; prosecuting attorney’s election. (1) (b) The defendant has failed to make an
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section, a prosecuting attorney may elect to
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The election must be made by the prosecuting
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appearance in the proceedings required by
the court or by law; and
(c) The court has given notice to the district
attorney for the county and the district attor-
ney has informed the court that the district
attorney does not object to treating the mis-
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within the time allowed, the case shall proceed  ,IWKHFRXUWWUHDWVDPLVGHPHDQRUDVD
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 ,IDSURVHFXWLQJDWWRUQH\HOHFWVWRWUHDWD
misdemeanor as a Class A violation under this
section, the court shall amend the accusatory
LQVWUXPHQWWRUHÁHFWWKHFKDUJHGRIIHQVHDVD
Class A violation and clearly denominate the
shall amend the accusatory instrument to
UHÁHFWWKHFKDUJHGRIIHQVHDVD&ODVV$YLROD-
tion and clearly denominate the offense as a
Class A violation in the judgment entered in
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offense as a Class A violation in any judgment  1RWZLWKVWDQGLQJ256LIWKH
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conviction of a violation under this section may may impose under a default judgment entered
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or or
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a misdemeanor as a Class A violation under
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any required appearance in the matter, the
court may enter a default judgment against
the defendant in the manner provided by ORS
(4) A court may not treat misdemeanors
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(2) A district attorney may elect to treat a (c) Upon revocation of probation, the court
Class C nonperson felony or a violation of ORS imposes a sentence of imprisonment other than
DRUDVD&ODVV
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by the district attorney orally or in writing at
WKHWLPHRIWKHÀUVWDSSHDUDQFHRIWKHGHIHQ-
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to the legal and physical custody of the Depart-
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(d) Upon revocation of probation, the court
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(e) The court declares the offense to be a
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meanor under this subsection, the court shall
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misdemeanor, either at the time of imposing
a sentence of probation, upon suspension of
imposition of a part of a sentence, or on appli-
cation of defendant or the parole and probation
RIÀFHURIWKHGHIHQGDQWWKHUHDIWHU
 ,IDWVRPHWLPHDIWHUWKHÀUVWDSSHDU-
ance of a defendant charged with a Class C (f) The court imposes a sentence of proba-
QRQSHUVRQIHORQ\RUDYLRODWLRQRI256 tion on the defendant without imposition of any
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and the defendant agree to treat the charged
offense as a Class A misdemeanor, the court
may allow the offense to be treated as a Class
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other sentence upon conviction and defendant
is thereafter discharged without any other
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(g) Without imposing a sentence of probation
and without imposing any other sentence, the
 ,ID&ODVV&IHORQ\RUDYLRODWLRQRI256 court declares the offense to be a misdemeanor
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a Class A misdemeanor under this section, the
court shall clearly denominate the offense as a
Class A misdemeanor in any judgment entered
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(3) The provisions of this section shall apply
only to persons convicted of a felony committed
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Disposition of Offenders
 %HIRUHDGLVWULFWDWWRUQH\PD\PDNHDQ
election under subsection (2) of this section, the
district attorney shall adopt written guidelines
for determining when and under what circum-
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161.605 Maximum prison terms for
felonies. The maximum term of an indeter-
minate sentence of imprisonment for a felony
LVDVIROORZV
 )RUD&ODVV$IHORQ\\HDUV
 1RWZLWKVWDQGLQJ256WKHÀQH
that a court may impose upon conviction of a  )RUD&ODVV%IHORQ\\HDUV
PLVGHPHDQRUXQGHUWKLVVHFWLRQPD\QRW  )RUD&ODVV&IHORQ\\HDUV
 D%HOHVVWKDQWKHPLQLPXPÀQHHVWDE-  )RUDQXQFODVVLÀHGIHORQ\DVSURYLGHGLQ
OLVKHGE\256IRUDIHORQ\RU WKHVWDWXWHGHÀQLQJWKHFULPH>F†@
 E([FHHGWKHDPRXQWSURYLGHGLQ256
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161.610 Enhanced penalty for use of
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pleading; minimum penalties; suspension
or reduction of penalty. (1) As used in this
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determined by punishment. (1) When a
crime punishable as a felony is also punish-
able by imprisonment for a maximum term
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classed as a misdemeanor if the court imposes
a punishment other than imprisonment under
 7KHXVHRUWKUHDWHQHGXVHRIDÀUHDUP
whether operable or inoperable, by a defen-
dant during the commission of a felony may
be pleaded in the accusatory instrument and
proved at trial as an element in aggravation
RIWKHFULPHDVSURYLGHGLQWKLVVHFWLRQ:KHQ
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(2) Notwithstanding the provisions of ORS
XSRQFRQYLFWLRQRIDFULPHSXQLVKDEOH
as described in subsection (1) of this section,
the crime is a felony for all purposes until one
of the following events occurs, after which
a crime is so pleaded, the aggravated nature
of the crime may be indicated by adding the
ZRUGV ´ZLWK D ÀUHDUPµ WR WKH WLWOH RI WKH
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(3) Notwithstanding the provisions of ORS
occurrence the crime is a misdemeanor for all RUDQGH[FHSWDVRWKHUZLVH
SXUSRVHV SURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQLI
(a) Without imposing a sentence of probation, a defendant is convicted of a felony having
the court imposes a sentence of imprisonment as an element the defendant’s use or threat-
other than to the legal and physical custody of HQHGXVHRIDÀUHDUPGXULQJWKHFRPPLVVLRQ
WKH'HSDUWPHQWRI&RUUHFWLRQV of the crime, the court shall impose at least
the minimum term of imprisonment as pro-
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

and subsection (5) of this section, in no case  )RUD&ODVV%PLVGHPHDQRUPRQWKV

shall any person punishable under this sec-  )RUD&ODVV&PLVGHPHDQRUGD\V
tion become eligible for work release, parole,
temporary leave or terminal leave until the
minimum term of imprisonment is served, less
a period of time equivalent to any reduction of
imprisonment granted for good time served or
WLPHFUHGLWVHDUQHGXQGHU256QRU
shall the execution of the sentence imposed
XSRQVXFKSHUVRQEHVXVSHQGHGE\WKHFRXUW
(4) The minimum terms of imprisonment for
felonies having as an element the defendant’s
XVHRUWKUHDWHQHGXVHRIDÀUHDUPLQWKHFRP-
PLVVLRQRIWKHFULPHVKDOOEHDVIROORZV bility of release or parole nor imposition of any
 )RUDQXQFODVVLÀHGPLVGHPHDQRUDVSUR-
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161.620 Sentences imposed upon waiver
from juvenile court. Notwithstanding any
other provision of law, a sentence imposed upon
any person waived from the juvenile court
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death or life imprisonment without the possi-
mandatory minimum sentence except that a
 D([FHSWDVSURYLGHGLQVXEVHFWLRQRI PDQGDWRU\PLQLPXPVHQWHQFHXQGHU
WKLVVHFWLRQXSRQWKHÀUVWFRQYLFWLRQIRUVXFK
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silencer, the term of imprisonment shall be 10
\HDUV
(b) Upon conviction for such felony commit-
ted after punishment pursuant to paragraph
(a) of this subsection or subsection (5) of this
VHFWLRQ\HDUVH[FHSWWKDWLIWKHÀUHDUPLV
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silencer, the term of imprisonment shall be 20
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(c) Upon conviction for such felony commit-
ted after imprisonment pursuant to paragraph
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but was not added to any smaller series in that
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161.625 Fines for felonies. (1) A sentence
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(a) $500,000 for murder or aggravated
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 ,ILWLVWKHÀUVWWLPHWKDWWKHGHIHQGDQW  EIRUD&ODVV$IHORQ\
is subject to punishment under this section,  FIRUD&ODVV%IHORQ\
rather than impose the sentence otherwise
required by subsection (4)(a) of this section,  GIRUD&ODVV&IHORQ\
WKHFRXUWPD\  $VHQWHQFHWRSD\DÀQHIRUDQXQFODV-
(a) For felonies committed prior to November VLÀHG IHORQ\ VKDOO EH D VHQWHQFH WR SD\ DQ
1, 1989, suspend the execution of the sentence DPRXQWÀ[HGE\WKHFRXUWDVSURYLGHGLQWKH
or impose a lesser term of imprisonment, when VWDWXWHGHÀQLQJWKHFULPH
WKHFRXUWH[SUHVVO\ÀQGVPLWLJDWLQJFLUFXP-
stances justifying such lesser sentence and sets
forth those circumstances in its statement on
sentencing; or
(b) For felonies committed on or after
November 1, 1989, impose a lesser sentence
in accordance with the rules of the Oregon
&ULPLQDO-XVWLFH&RPPLVVLRQ
 D,IDSHUVRQKDVJDLQHGPRQH\RUSURS-
erty through the commission of a felony, then
upon conviction thereof the court, in lieu of
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under subsection (1) or (2) of this section, may
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by the court, not exceeding double the amount
of the defendant’s gain from the commission of
WKHFULPH
 :KHQDGHIHQGDQWZKRLVFRQYLFWHGRID
felony having as an element the defendant’s
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commission of the crime is a person who was
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(b) The provisions of paragraph (a) of this
subsection do not apply to the felony theft of a
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a minimum term of imprisonment under this
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ors. Sentences for misdemeanors shall be for
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the amount of money or the value of property
derived from the commission of the felony, less
the amount of money or the value of property
returned to the victim of the crime or seized
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be determined by the standards established
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

WRVXSSRUWDÀQGLQJWKHFRXUWPD\FRQGXFWD Chapter 163

KHDULQJXSRQWKHLVVXH
 ([FHSWDVSURYLGHGLQ256WKLV
VHFWLRQGRHVQRWDSSO\WRDFRUSRUDWLRQ> OFFENSES AGAINST PERSONS
F†F†F†
F†F†F†@ Homicide
161.635 Fines for misdemeanors. (1) A 163.005 Criminal homicide. (1) A person
VHQWHQFHWRSD\DÀQHIRUDPLVGHPHDQRUVKDOO commits criminal homicide if, without justi-
EHDVHQWHQFHWRSD\DQDPRXQWÀ[HGE\WKH ÀFDWLRQRUH[FXVHWKHSHUVRQLQWHQWLRQDOO\
FRXUWQRWH[FHHGLQJ knowingly, recklessly or with criminal neg-
ligence causes the death of another human
 DIRUD&ODVV$PLVGHPHDQRU EHLQJ
 EIRUD&ODVV%PLVGHPHDQRU  ´&ULPLQDOKRPLFLGHµLVPXUGHUPDQ-
 FIRUD&ODVV&PLVGHPHDQRU slaughter, criminally negligent homicide or
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DQDPRXQWÀ[HGE\WKHFRXUWDVSURYLGHGLQ been born and was alive at the time of the crim-
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through the commission of a misdemeanor,
then upon conviction thereof the court, instead
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under this section, may sentence the defen-
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exceeding double the amount of the defendant’s
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under, or accompanied by, any of the following
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(1)(a) The defendant committed the murder
pursuant to an agreement that the defendant
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(4) This section does not apply to corpora-
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Authority of Sentencing Court
161.705 Reduction of certain felonies
to misdemeanors. Notwithstanding ORS
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viction for a Class A misdemeanor and make
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(1)(a) A person is convicted of any Class C
felony; or
(b) A person convicted of a felony described
in paragraph (a) of this subsection, of posses-
sion or delivery of marijuana constituting a
Class B felony, or of a Class A felony pursuant
WR256KDVVXFFHVVIXOO\FRPSOHWHGD
sentence of probation; and
(2) The court, considering the nature and
circumstances of the crime and the history
and character of the defendant, believes that
it would be unduly harsh to sentence the defen-
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receive money or other thing of value for com-
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(b) The defendant solicited another to
commit the murder and paid or agreed to pay
the person money or other thing of value for
FRPPLWWLQJWKHPXUGHU
(c) The defendant committed murder after
having been convicted previously in any juris-
diction of any homicide, the elements of which
FRQVWLWXWHWKHFULPHRIPXUGHUDVGHÀQHGLQ
256  RU PDQVODXJKWHU LQ WKH ÀUVW
(d) There was more than one murder victim
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(e) The homicide occurred in the course of or
as a result of intentional maiming or torture
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(f) The victim of the intentional homicide
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(2)(a) The victim was one of the following
and the murder was related to the performance
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(A) A police officer as defined in ORS
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(B) A correctional, parole and probation
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of custody, control or supervision of convicted
persons;
(C) A member of the Oregon State Police;
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 ( $ MXURU RU ZLWQHVV LQ D FULPLQDO
proceeding;

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

 ) $Q HPSOR\HH RU RIÀFHU RI D FRXUW RI  *5REEHU\LQWKHÀUVWGHJUHHDVGHÀQHG

justice; LQ256
(G) A member of the State Board of Parole  +$Q\IHORQ\VH[XDORIIHQVHLQWKHÀUVW
and Post-Prison Supervision; or GHJUHHGHÀQHGLQWKLVFKDSWHU
 +$UHJXODWRU\VSHFLDOLVW  ,&RPSHOOLQJSURVWLWXWLRQDVGHÀQHGLQ
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county or municipal penal or correctional  -$VVDXOWLQWKHÀUVWGHJUHHDVGHÀQHG
facility or was otherwise in custody when the LQ256DQGWKHYLFWLPLVXQGHU
PXUGHURFFXUUHG years of age, or assault in the second degree,
(c) The defendant committed murder by DVGHÀQHGLQ256DRUEDQGWKH
PHDQV RI DQ H[SORVLYH DV GHÀQHG LQ 256 victim is under 14 years of age; or
 (c) By abuse when a person, recklessly under
 G1RWZLWKVWDQGLQJ256EWKH circumstances manifesting extreme indiffer-
defendant personally and intentionally com- ence to the value of human life, causes the
mitted the homicide under the circumstances death of a child under 14 years of age or a
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(e) The murder was committed in an effort to
conceal the commission of a crime, or to conceal
WKHLGHQWLW\RIWKHSHUSHWUDWRURIDFULPH
(f) The murder was committed after the
defendant had escaped from a state, county
or municipal penal or correctional facility
and before the defendant had been returned
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(A) The person has previously engaged in a
pattern or practice of assault or torture of the
victim or another child under 14 years of age
or a dependent person; or
(B) The person causes the death by neglect
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(2) An accusatory instrument alleging
murder by abuse under subsection (1)(c) of
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RIDVVDXOWRUWRUWXUH
 0XUGHUDIÀUPDWLYHGHIHQVH  ,WLVDQDIÀUPDWLYHGHIHQVHWRDFKDUJHRI
to certain felony murders; sentence of violating subsection (1)(b) of this section that
life imprisonment required; minimum WKHGHIHQGDQW
term. ([FHSWDVSURYLGHGLQ256
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(a) When it is committed intentionally,
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at the time of the homicide, the defendant was
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disturbance;
(b) When it is committed by a person, acting
either alone or with one or more persons, who
commits or attempts to commit any of the
following crimes and in the course of and in
furtherance of the crime the person is com-
mitting or attempting to commit, or during
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(a) Was not the only participant in the
underlying crime;
(b) Did not commit the homicidal act or in
any way solicit, request, command, importune,
cause or aid in the commission thereof;
(c) Was not armed with a dangerous or
deadly weapon;
(d) Had no reasonable ground to believe that
any other participant was armed with a dan-
gerous or deadly weapon; and
(e) Had no reasonable ground to believe that
any other participant intended to engage in
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or another participant if there be any, causes  ,WLVDQDIÀUPDWLYHGHIHQVHWRDFKDUJH
the death of a person other than one of the of violating subsection (1)(c)(B) of this section
SDUWLFLSDQWV that the victim was a dependent person who
was at least 18 years of age and was under
 $$UVRQLQWKHÀUVWGHJUHHDVGHÀQHGLQ care or treatment solely by spiritual means
256 pursuant to the religious beliefs or practices
 %&ULPLQDOPLVFKLHILQWKHÀUVWGHJUHH of the dependent person or the guardian of the
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LQ256 (a) A person convicted of murder, who was at
 '(VFDSHLQWKHÀUVWGHJUHHDVGHÀQHGLQ least 15 years of age at the time of committing
256 the murder, shall be punished by imprisonment
IRUOLIH
 (.LGQDSSLQJLQWKHVHFRQGGHJUHHDV
GHÀQHGLQ256 (b) When a defendant is convicted of murder
under this section, the court shall order that
 ).LGQDSSLQJLQWKHÀUVWGHJUHHDVGHÀQHG WKHGHIHQGDQWVKDOOEHFRQÀQHGIRUDPLQL-
LQ256 mum of 25 years without possibility of parole,
release to post-prison supervision, release on

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

work release or any form of temporary leave
RUHPSOR\PHQWDWDIRUHVWRUZRUNFDPS
(c) At any time after completion of a min-
imum period of confinement pursuant to
paragraph (b) of this subsection, the State
Board of Parole and Post-Prison Supervision,
shelter or medical care that is likely to endan-
ger the health or welfare of a child under 14
\HDUVRIDJHRUDGHSHQGHQWSHUVRQ7KLVSDUD-
graph is not intended to replace or affect the
duty or standard of care required under ORS
FKDSWHU
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shall hold a hearing to determine if the pris- SUHYLRXVHSLVRGHV
oner is likely to be rehabilitated within a
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whether the prisoner is likely to be rehabil-
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(A) The burden of proving by a prepon-
derance of the evidence the likelihood of
rehabilitation within a reasonable period of
time;
(B) The right, if the prisoner is without
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represented by legal counsel, appointed by the
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tion of intense physical pain upon an unwilling
victim as a separate objective apart from any
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163.118 Manslaughter in the first
degree. (1) Criminal homicide constitutes
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board, at board expense; and  D,WLVFRPPLWWHGUHFNOHVVO\XQGHUFLUFXP-
(C) The right to a subpoena upon a showing stances manifesting extreme indifference to
of the general relevance and reasonable scope the value of human life;
of the evidence sought, provided that any sub-
poena issued on behalf of the prisoner must be
issued by the State Board of Parole and Post-
Prison Supervision pursuant to rules adopted
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constitutes a mitigating circumstance reducing
the homicide that would otherwise be murder
 G,IXSRQKHDULQJDOORIWKHHYLGHQFHWKH
board, upon a unanimous vote of three board
members or, if the chairperson requires all
voting members to participate, a unanimous
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oner is capable of rehabilitation and that the
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changed to life imprisonment with the possibil-
ity of parole, release to post-prison supervision
or work release, it shall enter an order to that
effect and the order shall convert the terms of
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with the possibility of parole, release to post-
prison supervision or work release and may
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not be proved in any prosecution;
(c) A person recklessly causes the death of
a child under 14 years of age or a dependent
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(A) The person has previously engaged in a
pattern or practice of assault or torture of the
victim or another child under 14 years of age
or a dependent person; or
(B) The person causes the death by neglect
RUPDOWUHDWPHQWDVGHÀQHGLQ256
or
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GHQ\WKHUHOLHIVRXJKWLQWKHSHWLWLRQ inal negligence by a person operating a motor
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petition, the board shall determine the date of
the subsequent hearing, and the prisoner may
petition for an interim hearing, in accordance
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(A) The person has at least three previous
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statutory counterpart in any jurisdiction, in
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statement of the underlying facts supporting
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and as to each ultimate fact required to sup-
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the 10 years prior to the date of the current
offense; or
(B)(i) The person has a previous conviction
for any of the crimes described in subsection (2)
of this section, or their statutory counterparts
in any jurisdiction; and
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the previous conviction was caused by the
 D´$VVDXOWµPHDQVWKHLQWHQWLRQDONQRZ- SHUVRQGULYLQJDPRWRUYHKLFOH
ing or reckless causation of physical injury to
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causation of physical injury in a motor vehicle VHFWLRQG%RIWKLVVHFWLRQDSSOLHVDUH
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a failure to provide adequate food, clothing,

Miscellaneous Laws 3DJH (2015 Edition)

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(c) Assault in the third degree under ORS (2) The previous convictions to which sub-
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 ,WLVDQDIÀUPDWLYHGHIHQVHWRDFKDUJH (b) Manslaughter in the second degree under
RIYLRODWLQJ 256RU
(a) Subsection (1)(c)(B) of this section that (c) Criminally negligent homicide under
the victim was a dependent person who was 256
at least 18 years of age and was under care or
treatment solely by spiritual means pursuant
to the religious beliefs or practices of the depen-
dent person or the guardian of the dependent
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(b) Subsection (1)(d)(B) of this section that
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intoxicants at the time of the conduct that
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163.125 Manslaughter in the second
degree. (1) Criminal homicide constitutes
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cution under this section that the defendant
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the time of the conduct that resulted in the
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(4) Aggravated vehicular homicide is a Class
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Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
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ace to Oregon Revised Statutes for further
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 D,WLVFRPPLWWHGUHFNOHVVO\ Assault and Related Offenses
(b) A person intentionally causes or aids 163.160 Assault in the fourth degree. (1)
another person to commit suicide; or A person commits the crime of assault in the
(c) A person, with criminal negligence, IRXUWKGHJUHHLIWKHSHUVRQ
causes the death of a child under 14 years of
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(A) The person has previously engaged in a
pattern or practice of assault or torture of the
victim or another child under 14 years of age
or a dependent person; or
(B) The person causes the death by neglect
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(2) Manslaughter in the second degree is a
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163.145 Criminally negligent homicide.
(1) A person commits the crime of criminally
negligent homicide when, with criminal negli-
gence, the person causes the death of another
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(2) Criminally negligent homicide is a Class
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163.149 Aggravated vehicular homicide.
(1) Criminal homicide constitutes aggravated
vehicular homicide when it is committed with
criminal negligence, recklessly or recklessly
under circumstances manifesting extreme
indifference to the value of human life by a
person operating a motor vehicle while under
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(a) The person has a previous conviction for
any of the crimes described in subsection (2) of
this section, or their statutory counterparts in
any jurisdiction; and
(b) The victim’s death in the previous convic-
tion was caused by the person driving a motor
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 D,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\
causes physical injury to another; or
(b) With criminal negligence causes physical
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(2) Assault in the fourth degree is a Class
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(3) Notwithstanding subsection (2) of this
section, assault in the fourth degree is a Class
C felony if the person commits the crime of
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(a) The assault is committed in the immedi-
ate presence of, or is witnessed by, the person’s
or the victim’s minor child or stepchild or a
minor child residing within the household of
the person or victim;
(b) The person has been previously con-
YLFWHGRIYLRODWLQJWKLVVHFWLRQRU256
RURURI
committing an equivalent crime in another
jurisdiction, and the victim in the previous
conviction is the same person who is the victim
of the current crime;
(c) The person has at least three previous
convictions for violating this section or ORS
RU
or for committing an equivalent crime in
another jurisdiction, in any combination; or
(d) The person commits the assault knowing
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(4) For purposes of subsection (3) of this sec-
tion, an assault is witnessed if the assault is
seen or directly perceived in any other manner
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(2015 Edition)
 MISCELLANEOUS LAWS

163.165 Assault in the third degree. (1) (B) A volunteer authorized by the depart-
A person commits the crime of assault in the ment, youth authority or other entity in charge
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(a) Recklessly causes serious physical injury YLFLQLW\RILQPDWHV\RXWKRU\RXWKRIIHQGHUV
to another by means of a deadly or dangerous
weapon;
(b) Recklessly causes serious physical injury
to another under circumstances manifesting
extreme indifference to the value of human
life;
(c) Recklessly causes physical injury to
another by means of a deadly or dangerous
weapon under circumstances manifesting
extreme indifference to the value of human
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163.175 Assault in the second degree.
(1) A person commits the crime of assault in
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life;  D,QWHQWLRQDOO\RUNQRZLQJO\FDXVHVVHULRXV
 G,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\ physical injury to another;
causes, by means other than a motor vehicle,  E,QWHQWLRQDOO\RUNQRZLQJO\FDXVHVSK\V-
physical injury to the operator of a public tran- ical injury to another by means of a deadly or
sit vehicle while the operator is in control of dangerous weapon; or
RURSHUDWLQJWKHYHKLFOH$VXVHGLQWKLVSDUD- (c) Recklessly causes serious physical injury
JUDSK´SXEOLFWUDQVLWYHKLFOHµKDVWKHPHDQLQJ to another by means of a deadly or dangerous
JLYHQWKDWWHUPLQ256 weapon under circumstances manifesting
(e) While being aided by another person extreme indifference to the value of human
actually present, intentionally or knowingly OLIH
causes physical injury to another; (2) Assault in the second degree is a Class
(f) While committed to a youth correction %IHORQ\>F†F†
facility, intentionally or knowingly causes F†F†@
physical injury to another knowing the other  $VVDXOWLQWKHÀUVWGHJUHH(1)
person is a staff member while the other person A person commits the crime of assault in the
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 J,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\  D,QWHQWLRQDOO\FDXVHVVHULRXVSK\VLFDO
causes physical injury to an emergency medical injury to another by means of a deadly or
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while the emergency medical services provider
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physical injury to a child under six years of age;
(h) Being at least 18 years of age, intention-
ally or knowingly causes physical injury to a  F9LRODWHV256NQRZLQJWKDWWKH
child 10 years of age or younger; or victim is pregnant; or
 L,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\
causes, by means other than a motor vehicle,
physical injury to the operator of a taxi while
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(2)(a) Assault in the third degree is a Class
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(b) Notwithstanding paragraph (a) of this
subsection, assault in the third degree under
subsection (1)(a) or (b) of this section is a Class
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(A) The assault resulted from the operation
of a motor vehicle; and
(B) The defendant was the driver of the
motor vehicle and was driving while under
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causes serious physical injury to another while
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(A) The person has at least three previous
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HQFHRILQWR[LFDQWVXQGHU256RULWV
statutory counterpart in any jurisdiction, in
the 10 years prior to the date of the current
offense; or
(B)(i) The person has a previous conviction
for any of the crimes described in subsection (2)
of this section, or their statutory counterparts
in any jurisdiction; and
(ii) The victim’s death or serious physical
injury in the previous conviction was caused
 $VXVHGLQWKLVVHFWLRQ E\WKHSHUVRQGULYLQJDPRWRUYHKLFOH
 D´6WDIIPHPEHUµPHDQV (2) The previous convictions to which sub-
 $$FRUUHFWLRQVRIÀFHUDVGHÀQHGLQ256 VHFWLRQG%RIWKLVVHFWLRQDSSO\DUH
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correction facility staff member, a Department 256
of Corrections or Oregon Youth Authority staff (b) Manslaughter in the second degree under
member or a person employed pursuant to a 256
contract with the department or youth author-
ity to work with, or in the vicinity of, inmates, (c) Criminally negligent homicide under
youth or youth offenders; and 256

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

 G$VVDXOWLQWKHÀUVWGHJUHHXQGHUWKLV Chapter 164

section;
(e) Assault in the second degree under ORS
RU OFFENCES AGAINST PROPERTY
(f) Assault in the third degree under ORS Theft and Related Offenses

164.015 “Theft” described. A person com-
 $VVDXOWLQWKHÀUVWGHJUHHLVD&ODVV$ mits theft when, with intent to deprive another
IHORQ\ of property or to appropriate property to the
 ,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVHFX-
tion under subsection (1)(d)(B) of this section
WKDWWKHGHIHQGDQWZDVQRWXQGHUWKHLQÁXHQFH
of intoxicants at the time of the conduct that
UHVXOWHGLQWKHSUHYLRXVFRQYLFWLRQ>F
†F†F†F
†F†F†@
163.190 Menacing. (1) A person commits
the crime of menacing if by word or conduct the
person intentionally attempts to place another
person in fear of imminent serious physical
LQMXU\
SHUVRQRUWRDWKLUGSHUVRQWKHSHUVRQ
(1) Takes, appropriates, obtains or withholds
such property from an owner thereof;
(2) Commits theft of property lost, mislaid
or delivered by mistake as provided in ORS

(3) Commits theft by extortion as provided
LQ256
(4) Commits theft by deception as provided
LQ256RU
(5) Commits theft by receiving as provided
 0HQDFLQJLVD&ODVV$PLVGHPHDQRU
>F†@
163.195 Recklessly endangering
another person. (1) A person commits the
crime of recklessly endangering another person
if the person recklessly engages in conduct
which creates a substantial risk of serious
SK\VLFDOLQMXU\WRDQRWKHUSHUVRQ
(2) Recklessly endangering another person
LVD&ODVV$PLVGHPHDQRU>F†@
163.196 Aggravated driving while
suspended or revoked. (1) A person com-
mits the crime of aggravated driving while
suspended or revoked if the person operates
a motor vehicle that causes serious physical
injury to, or the death of, another person while
NQRZLQJO\YLRODWLQJ256RU
if the suspension or revocation resulted from,
or if the hardship or probationary permit vio-
lated is based upon a suspension or revocation
that resulted from, a conviction for a criminal
RIIHQVHLQYROYLQJWKHXVHRIDPRWRUYHKLFOH
(2) Aggravated driving while suspended or
UHYRNHGLVD&ODVV&IHORQ\
(3) The Oregon Criminal Justice Commis-
sion shall classify aggravated driving while
suspended or revoked as crime category 7 of the
VHQWHQFLQJJXLGHOLQHVJULGRIWKHFRPPLVVLRQ
>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
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ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
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164.043 Theft in the third degree. (1) A
person commits the crime of theft in the third
GHJUHHLI
(a) By means other than extortion, the
person commits theft as defined in ORS
DQG
(b) The total value of the property in a single
RUDQDJJUHJDWHWUDQVDFWLRQLVOHVVWKDQ
(2) Theft in the third degree is a Class C
PLVGHPHDQRU>F†F†
F†@
164.045 Theft in the second degree. (1) A
person commits the crime of theft in the second
GHJUHHLI
(a) By means other than extortion, the
person commits theft as defined in ORS
DQG
(b) The total value of the property in a single
or aggregate transaction is $100 or more and
OHVVWKDQ
(2) Theft in the second degree is a Class A
PLVGHPHDQRU>F†F†
F†F†F†@
 7KHIWLQWKHÀUVWGHJUHH(1) A
SHUVRQFRPPLWVWKHFULPHRIWKHIWLQWKHÀUVW
degree if, by means other than extortion,
WKHSHUVRQFRPPLWVWKHIWDVGHÀQHGLQ256
DQG
(a) The total value of the property in a single
or aggregate transaction is $1,000 or more;
 E7KHWKHIWLVFRPPLWWHGGXULQJDULRWÀUH
explosion, catastrophe or other emergency in
DQDUHDDIIHFWHGE\WKHULRWÀUHH[SORVLRQ
catastrophe or other emergency;
(c) The theft is theft by receiving committed
by buying, selling, borrowing or lending on the
security of the property;
 G7KHVXEMHFWRIWKHWKHIWLVDÀUHDUPRU
explosive;

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(e) The subject of the theft is a livestock NoteZDVHQDFWHGLQWRODZEXWZDV

animal, a companion animal or a wild animal not added to or made a part of ORS chapter
removed from habitat or born of a wild animal RUDQ\VHULHVWKHUHLQE\ODZ6HH3UHI-
removed from habitat, pursuant to ORS ace to Oregon Revised Statutes for further
FRU H[SODQDWLRQ
(f) The subject of the theft is a precursor 164.135 Unauthorized use of a vehicle.
VXEVWDQFH (1) A person commits the crime of unauthorized
 $VXVHGLQWKLVVHFWLRQ XVHRIDYHKLFOHZKHQ
 D´&RPSDQLRQDQLPDOµPHDQVDGRJRUFDW
possessed by a person, business or other entity
for purposes of companionship, security, hunt-
ing, herding or providing assistance in relation
WRDSK\VLFDOGLVDELOLW\
(a) The person takes, operates, exercises
control over, rides in or otherwise uses anoth-
er’s vehicle, boat or aircraft without consent
of the owner;
(b) Having custody of a vehicle, boat or
 E ´([SORVLYHµ PHDQV D FKHPLFDO FRP-
pound, mixture or device that is commonly
used or intended for the purpose of producing
a chemical reaction resulting in a substan-
tially instantaneous release of gas and heat,
including but not limited to dynamite, blast-
ing powder, nitroglycerin, blasting caps and
QLWURMHOO\EXWH[FOXGLQJÀUHZRUNVDVGHÀQHG
LQ 256  EODFN SRZGHU VPRNHOHVV
powder, small arms ammunition and small
DUPVDPPXQLWLRQSULPHUV
aircraft pursuant to an agreement between
the person or another and the owner thereof
whereby the person or another is to perform for
FRPSHQVDWLRQDVSHFLÀFVHUYLFHIRUWKHRZQHU
involving the maintenance, repair or use of
such vehicle, boat or aircraft, the person inten-
tionally uses or operates it, without consent of
the owner, for the person’s own purpose in a
manner constituting a gross deviation from
the agreed purpose; or
(c) Having custody of a vehicle, boat or air-
 F´)LUHDUPµKDVWKHPHDQLQJJLYHQWKDW craft pursuant to an agreement with the owner
WHUPLQ256 thereof whereby such vehicle, boat or aircraft is
WREHUHWXUQHGWRWKHRZQHUDWDVSHFLÀHGWLPH
 G ´/LYHVWRFN DQLPDOµ PHDQV D UDWLWH the person knowingly retains or withholds pos-
SVLWWDFLQHKRUVHJHOGLQJPDUHÀOO\VWDOOLRQ session thereof without consent of the owner
colt, mule, ass, jenny, bull, steer, cow, calf, goat, IRUVROHQJWK\DSHULRGEH\RQGWKHVSHFLÀHG
VKHHSODPEOODPDSLJRUKRJ time as to render such retention or possession
 H´3UHFXUVRUVXEVWDQFHµKDVWKHPHDQLQJ DJURVVGHYLDWLRQIURPWKHDJUHHPHQW
JLYHQWKDWWHUPLQ256 (2) Unauthorized use of a vehicle, boat or
 7KHIWLQWKHÀUVWGHJUHHLVD&ODVV& DLUFUDIWLVD&ODVV&IHORQ\
IHORQ\>F†F† (3) Subsection (1)(a) of this section does not
F†F†F† apply to a person who rides in or otherwise
F†F†F† XVHVDSXEOLFWUDQVLWYHKLFOHDVGHÀQHGLQ256
F†F†F†@ LIWKHYHKLFOHLVEHLQJRSHUDWHGE\DQ
 $JJUDYDWHGWKHIWLQWKHÀUVW authorized operator within the scope of the
degree. (1) A person commits the crime of RSHUDWRU·VHPSOR\PHQW>F†
DJJUDYDWHGWKHIWLQWKHÀUVWGHJUHHLI F†F†@
 D7KHSHUVRQYLRODWHV256ZLWK
respect to property, other than a motor vehicle
used primarily for personal rather than com-
mercial transportation; and
(b) The value of the property in a single or
DJJUHJDWHWUDQVDFWLRQLVRUPRUH
Burglary and Criminal Trespass
164.245 Criminal trespass in the second
degree. (1) A person commits the crime of
criminal trespass in the second degree if the
person enters or remains unlawfully in a motor
YHKLFOHRULQRUXSRQSUHPLVHV
 $JJUDYDWHGWKHIWLQWKHÀUVWGHJUHHLVD
&ODVV%IHORQ\>F†@
164.061 Sentence for aggravated theft
LQWKHÀUVWGHJUHHZKHQYLFWLP\HDUV
of age or older. When a person is convicted of
DJJUDYDWHGWKHIWLQWKHÀUVWGHJUHHXQGHU256
WKHFRXUWVKDOOVHQWHQFHWKHSHUVRQ
WRDWHUPRILQFDUFHUDWLRQUDQJLQJIURP
months to 45 months, depending on the per-
VRQ·VFULPLQDOKLVWRU\LI
(2) Criminal trespass in the second degree
LVD&ODVV&PLVGHPHDQRU>F†
F†@
164.272 Unlawful entry into a motor
vehicle. (1) A person commits the crime of
unlawful entry into a motor vehicle if the
person enters a motor vehicle, or any part of
a motor vehicle, with the intent to commit a
FULPH
(2) Unlawful entry into a motor vehicle is a
 7KHYLFWLPRIWKHWKHIWZDV\HDUVRI &ODVV$PLVGHPHDQRU
age or older at the time of the commission of
the offense; and  $VXVHGLQWKLVVHFWLRQ´HQWHUVµLQFOXGHV
EXWLVQRWOLPLWHGWRLQVHUWLQJ
(2) The value of the property stolen from
the victim described in subsection (1) of this (a) Any part of the body; or
section, in a single or aggregate transaction,  E $Q\ REMHFW FRQQHFWHG ZLWK WKH ERG\
LVRUPRUH>F†@ >F†@

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

Note  ZDV HQDFWHG LQWR ODZ E\  D´,QVWLWXWLRQµLQFOXGHVVWDWHDQGORFDOFRU-

the Legislative Assembly but was not added rectional facilities, mental health facilities,
WRRUPDGHDSDUWRI256FKDSWHURUDQ\ juvenile detention facilities and state training
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- VFKRROV
ace to Oregon Revised Statutes for further  E´0HGLFDOIDFLOLW\µPHDQVDKHDOWKFDUH
H[SODQDWLRQ IDFLOLW\DVGHÀQHGLQ256DOLFHQVHG
SK\VLFLDQ·VRIÀFHRUDQ\ZKHUHDOLFHQVHGPHG-
Criminal Mischief LFDOSUDFWLWLRQHUSURYLGHVKHDOWKFDUHVHUYLFHV
164.345 Criminal mischief in the third  F´3XEOLFXWLOLW\µKDVWKHPHDQLQJSURYLGHG
degree. (1) A person commits the crime of IRUWKDWWHUPLQ256DQGLQFOXGHVDQ\
criminal mischief in the third degree if, with cooperative, people’s utility district or other
intent to cause substantial inconvenience to municipal corporation providing an electric,
the owner or to another person, and having no JDVZDWHURURWKHUXWLOLW\VHUYLFH
right to do so nor reasonable ground to believe
that the person has such right, the person tam-  G´5DLOURDGµKDVWKHPHDQLQJSURYLGHGIRU
SHUVRULQWHUIHUHVZLWKSURSHUW\RIDQRWKHU WKDWWHUPLQ256
(2) Criminal mischief in the third degree is  H´3XEOLFWUDQVSRUWDWLRQIDFLOLW\µPHDQV
D&ODVV&PLVGHPHDQRU>F†@ any property, structure or equipment used
for or in connection with the transportation
164.354 Criminal mischief in the second of persons for hire by rail, air or bus, including
degree. (1) A person commits the crime of any railroad cars, buses or airplanes used to
FULPLQDOPLVFKLHILQWKHVHFRQGGHJUHHLI FDUU\RXWVXFKWUDQVSRUWDWLRQ
 D7KHSHUVRQYLRODWHV256DQG  I´7HOHFRPPXQLFDWLRQVFDUULHUµKDVWKH
as a result thereof, damages property in an PHDQLQJJLYHQWKDWWHUPLQ256
amount exceeding $500; or
 &ULPLQDOPLVFKLHILQWKHÀUVWGHJUHHLV
(b) Having no right to do so nor reason- D&ODVV&IHORQ\>F†F
able ground to believe that the person has †F†F†F
such right, the person intentionally damages †DF†F†
property of another, or, the person recklessly F†F†F†
damages property of another in an amount F†F†F†
H[FHHGLQJ F†F†F†@
(2) Criminal mischief in the second degree
LVD&ODVV$PLVGHPHDQRU>F† Robbery
F†@ 164.395 Robbery in the third degree. (1)
 &ULPLQDOPLVFKLHILQWKHÀUVW A person commits the crime of robbery in the
degree. (1) A person commits the crime of third degree if in the course of committing or
FULPLQDOPLVFKLHILQWKHÀUVWGHJUHHZKRZLWK attempting to commit theft or unauthorized
intent to damage property, and having no right XVHRIDYHKLFOHDVGHÀQHGLQ256WKH
to do so nor reasonable ground to believe that person uses or threatens the immediate use
WKHSHUVRQKDVVXFKULJKW of physical force upon another person with the
 D'DPDJHVRUGHVWUR\VSURSHUW\RIDQRWKHU LQWHQWRI
 $,QDQDPRXQWH[FHHGLQJ (a) Preventing or overcoming resistance
to the taking of the property or to retention
(B) By means of an explosive; thereof immediately after the taking; or
 &%\VWDUWLQJDÀUHLQDQLQVWLWXWLRQZKLOH (b) Compelling the owner of such property
WKHSHUVRQLVFRPPLWWHGWRDQGFRQÀQHGLQWKH or another person to deliver the property or to
institution; engage in other conduct which might aid in the
 ':KLFKLVDOLYHVWRFNDQLPDODVGHÀQHG commission of the theft or unauthorized use of
LQ256 DYHKLFOH
 (:KLFKLVWKHSURSHUW\RIDSXEOLFXWLOLW\ (2) Robbery in the third degree is a Class C
telecommunications carrier, railroad, public IHORQ\>F†F†@
transportation facility or medical facility used 164.405 Robbery in the second degree.
in direct service to the public; or (1) A person commits the crime of robbery in
(F) By intentionally interfering with, the second degree if the person violates ORS
obstructing or adulterating in any manner the DQGWKHSHUVRQ
service of a public utility, telecommunications (a) Represents by word or conduct that the
carrier, railroad, public transportation facility person is armed with what purports to be a
or medical facility; or dangerous or deadly weapon; or
  E ,QWHQWLRQDOO\ XVHV PDQLSXODWHV  E ,V DLGHG E\ DQRWKHU SHUVRQ DFWXDOO\
arranges or rearranges the property of a public SUHVHQW
utility, telecommunications carrier, railroad,
public transportation facility or medical facil- (2) Robbery in the second degree is a Class
ity used in direct service to the public so as to %IHORQ\>F†@
LQWHUIHUHZLWKLWVHIÀFLHQF\
 $VXVHGLQVXEVHFWLRQRIWKLVVHFWLRQ

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

 5REEHU\LQWKHÀUVWGHJUHH(1) section, the civil penalty authorized by ORS

A person commits the crime of robbery in the PD\EHLPSRVHGIRUYLRODWLRQRIWKLV
ÀUVWGHJUHHLIWKHSHUVRQYLRODWHV256 VHFWLRQ
DQGWKHSHUVRQ  1RWKLQJLQWKLVVHFWLRQRU256
 D,VDUPHGZLWKDGHDGO\ZHDSRQ prohibits the operation of a disposal site, as
(b) Uses or attempts to use a dangerous GHÀQHGLQ256IRUZKLFKDSHUPLW
weapon; or LVUHTXLUHGE\WKH'HSDUWPHQWRI(QYLURQ-
mental Quality, for which such a permit has
(c) Causes or attempts to cause serious phys- been issued and which is being operated and
LFDOLQMXU\WRDQ\SHUVRQ maintained in accordance with the terms and
 5REEHU\LQWKHÀUVWGHJUHHLVD&ODVV$ FRQGLWLRQVRIVXFKSHUPLW>)RUPHUO\
IHORQ\>F†F†@ F†@
164.785 Placing offensive substances in
Littering waters, on highways or other property. (1)
D,WLVXQODZIXOIRUDQ\SHUVRQLQFOXGLQJD
164.775 Deposit of trash within 100 person in the possession or control of any land,
yards of waters or in waters; license sus- to discard any dead animal carcass or part
pensions; civil penalties; credit for work thereof, excrement, putrid, nauseous, noisome,
LQOLHXRIÀQH,WLVXQODZIXOIRUDQ\SHUVRQ
to discard any glass, cans or other trash, rub-
bish, debris or litter on land within 100 yards
RIDQ\RIWKHZDWHUVRIWKHVWDWHDVGHÀQHG
LQ256%RWKHUWKDQLQUHFHSWDFOHV
provided for the purpose of holding such trash,
decaying, deleterious or offensive substance
into or in any other manner befoul, pollute or
impair the quality of any spring, river, brook,
creek, branch, well, irrigation drainage ditch,
LUULJDWLRQGLWFKFLVWHUQRUSRQGRIZDWHU
UXEELVKGHEULVRUOLWWHU  E$,QDSURVHFXWLRQXQGHUWKLVVXEVHF-
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card any glass, cans or other similar refuse (i) The dead animal carcass that is discarded
LQDQ\ZDWHUVRIWKHVWDWHDVGHÀQHGLQ256 LVDÀVKFDUFDVV
%  LL7KHSHUVRQUHWXUQHGWKHÀVKFDUFDVVWR
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provided for violation of any provision of this
section, the court in which any individual is
convicted of a violation of this section may
order suspension of certain permits or licenses
for a period not to exceed 90 days if the court
ÀQGVWKDWWKHYLRODWLRQRFFXUUHGGXULQJRULQ
the water from which the person caught the
ÀVKDQG
(iii) The person retained proof of compli-
ance with any provisions regarding angling
prescribed by the State Fish and Wildlife Com-
PLVVLRQSXUVXDQWWR256
connection with the exercise of the privilege  %$VXVHGLQWKLVSDUDJUDSK´ÀVKFDU-
JUDQWHGE\WKHSHUPLWRUOLFHQVH7KHSHUPLWV FDVVµPHDQVHQWUDLOVJLOOVKHDGVNLQÀQV
and licenses to which this section applies are DQGEDFNERQH
motor vehicle operator’s permits or licenses,  ,WLVXQODZIXOIRUDQ\SHUVRQWRSODFH
KXQWLQJ OLFHQVHV ÀVKLQJ OLFHQVHV RU ERDW or cause to be placed any polluting substance
UHJLVWUDWLRQV listed in subsection (1) of this section into any
(4)(a) Any person sentenced under subsec- road, street, alley, lane, railroad right of way,
WLRQRIWKLVVHFWLRQWRSD\DÀQHIRUYLRODWLRQ
of this section shall be permitted, in default
RIWKHSD\PHQWRIWKHÀQHWRZRUNDWFOHDULQJ
rubbish, trash and debris from the lands and
waters described by subsections (1) and (2) of
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work shall be allowed at the rate of $25 for
HDFKGD\RIZRUN
ORWÀHOGPHDGRZRUFRPPRQ,WLVXQODZIXO
for an owner thereof to knowingly permit any
polluting substances to remain in any of the
places described in this subsection to the injury
of the health or to the annoyance of any citizen
RIWKLVVWDWH(YHU\KRXUVDIWHUFRQYLFWLRQ
for violation of this subsection during which
the violator permits the polluting substances
to remain is an additional offense against this
 E,QDQ\FDVHXSRQFRQYLFWLRQLISXQ-
ishment by imprisonment is imposed upon
the defendant, the form of the sentence shall
include that the defendant shall be punished
E\FRQÀQHPHQWDWODERUFOHDULQJUXEELVKWUDVK
and debris from the lands and waters described
by subsections (1) and (2) of this section, for
QRWOHVVWKDQRQHGD\QRUPRUHWKDQÀYHGD\V
(5) A citation conforming to the require-
PHQWVRI256VKDOOEHXVHGIRUDOO
violations of subsection (1) or (2) of this section
LQWKHVWDWH
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(3) Nothing in this section shall apply to
the storage or spreading of manure or like
substance for agricultural, silvicultural or
horticultural purposes, except that no sewage
sludge, septic tank or cesspool pumpings shall
be used for these purposes unless treated and
applied in a manner approved by the Depart-
PHQWRI(QYLURQPHQWDO4XDOLW\
(4) Violation of this section is a Class A
PLVGHPHDQRU
 9LRODWLRQRIWKLVVHFWLRQLVD&ODVV%  7KH'HSDUWPHQWRI(QYLURQPHQWDO4XDO-
PLVGHPHDQRU ity may impose the civil penalty authorized
E\256IRUYLRODWLRQRIWKLVVHFWLRQ
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
>)RUPHUO\F†F
†F†@
164.805 Offensive littering. (1) A person
commits the crime of offensive littering if
the person creates an objectionable stench or
degrades the beauty or appearance of prop-
erty or detracts from the natural cleanliness
RUVDIHW\RISURSHUW\E\LQWHQWLRQDOO\ that the person’s driving privileges and right
(a) Discarding or depositing any rubbish,
trash, garbage, debris or other refuse upon
the land of another without permission of the
owner, or upon any public way or in or upon
any public transportation facility;
(b) Draining, or causing or permitting to
be drained, sewage or the drainage from a
cesspool, septic tank, recreational or camping
vehicle waste holding tank or other contami-
nated source, upon the land of another without
permission of the owner, or upon any public
way; or
(c) Permitting any rubbish, trash, garbage,
debris or other refuse to be thrown from a
YHKLFOH WKDW WKH SHUVRQ LV RSHUDWLQJ 7KLV
subsection does not apply to a person oper-
ating a vehicle transporting passengers for
hire subject to regulation by the Department of
Transportation or a person operating a school
EXVGHVFULEHGXQGHU256
 
DGULYHUSHUPLWRUOLFHQVHRURWKHULGHQWLÀFDWLRQ
issued by the Department of Transportation
of this state or its equivalent in another state,
commits the crime of misrepresentation of age
by a minor in order to purchase or consume
alcoholic liquor may be required to perform
community service and the court shall order
to apply for driving privileges be suspended for
DSHULRGQRWWRH[FHHGRQH\HDU,IDFRXUWKDV
issued an order suspending driving privileges
under this section, the court, upon petition of
the person, may withdraw the order at any
WLPHWKHFRXUWGHHPVDSSURSULDWH7KHFRXUW
QRWLÀFDWLRQWRWKHGHSDUWPHQWXQGHUWKLVVXE-
section may include a recommendation that the
person be granted a hardship permit under
256LIWKHSHUVRQLVRWKHUZLVHHOLJLEOH
IRUWKHSHUPLW
(4) The prohibitions of this section do not
apply to any person acting under the direction
of the Oregon Liquor Control Commission or a
regulatory specialist or under the direction of
state or local law enforcement agencies for the
purpose of investigating possible violations of
laws prohibiting sales of alcoholic beverages
WRSHUVRQVZKRDUHXQGHUDFHUWDLQVSHFLÀHG
DJH
(5) The prohibitions of this section do not
 $VXVHGLQWKLVVHFWLRQ apply to a person under the age of 21 years who
is acting under the direction of a licensee for
 D´3XEOLFWUDQVSRUWDWLRQIDFLOLW\µKDVWKH the purpose of investigating possible violations
PHDQLQJJLYHQWKDWWHUPLQ256 by employees of the licensee of laws prohibiting
 E´3XEOLFZD\µLQFOXGHVEXWLVQRWOLPLWHG
to, roads, streets, alleys, lanes, trails, beaches,
parks and all recreational facilities operated
by the state, a county or a local municipality
IRUXVHE\WKHJHQHUDOSXEOLF
(3) Offensive littering is a Class C misde-
PHDQRU>F†F†
F†F†F†
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Chapter 165
sales of alcoholic beverages to persons who are
XQGHUWKHDJHRI\HDUV>F†
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Chapter 166
FIREARMS AND OTHER WEAPONS
Possession and Use of Weapons
 8QODZIXOSRVVHVVLRQRIÀUH-
MISREPRESENTATION
OF AGE BY MINOR
165.805 Misrepresentation of age by
a minor. (1) A person commits the crime of
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arms.  ([FHSW DV RWKHUZLVH SURYLGHG
LQ WKLV VHFWLRQ RU 256  
RU
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 D%HLQJOHVVWKDQDFHUWDLQVSHFLÀHGDJH person;
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LQWHQWRIVHFXULQJDULJKWEHQHÀWRUSULYLOHJH and readily accessible to the person within any
which by law is denied to persons under that vehicle; or
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(b) Being unmarried, the person knowingly
represents that the person is married with the
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(ii) Was discharged from the jurisdiction of (B) The key is not inserted into the lock, if
the juvenile court within four years prior to the glove compartment, center console or other
being charged under this section; FRQWDLQHUXQORFNVZLWKDNH\
(C) Has been convicted of a felony;  F,IWKHYHKLFOHLVDPRWRUF\FOHDQDOOWHU-
(D) Was committed to the Oregon Health rain vehicle or a snowmobile, a handgun is not
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illness and subject to an order under ORS
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of that mental illness;
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 ),VSUHVHQWO\VXEMHFWWRDQRUGHUXQGHU WKHGLVFKDUJHRIWKHÀUHDUP
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was transferred to the minor by the minor’s
parent or guardian or by another person with
the consent of the minor’s parent or guardian;
or
(B) Temporarily for hunting, target practice
or any other lawful purpose; or
(b) Any citizen of the United States over the
age of 18 years who resides in or is temporar-
ily sojourning within this state, and who is
not within the excepted classes prescribed by
(a) The person is the subject of a court order
WKDW
(A) Was issued or continued after a hear-
ing for which the person had actual notice and
during the course of which the person had an
opportunity to be heard;
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intimidating, molesting or menacing an inti-
mate partner, a child of an intimate partner
or a child of the person; and
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from owning, possessing or keeping within the
person’s place of residence or place of business
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at the person’s place of residence or place of
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a recreational vessel or recreational vehicle
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are not concealed within the meaning of this
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resents a credible threat to the physical safety
of an intimate partner, a child of an intimate
partner or a child of the person; or
(b) The person has been convicted of a qual-
ifying misdemeanor and, at the time of the
offense, the person was a family member of
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(2) The prohibition described in subsection
(1)(a) of this section does not apply with respect
to the transportation, shipment, receipt,
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ammunition imported for, sold or shipped to
or issued for the use of the United States Gov-
 D([FHSWDVSURYLGHGLQSDUDJUDSKVE ernment or any federal department or agency,
and (c) of this subsection, a handgun is readily or any state or department, agency or political
accessible within the meaning of this section VXEGLYLVLRQRIDVWDWH
if the handgun is within the passenger com-
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described in paragraph (c) of this subsection, (A) The person was represented by counsel
has no storage location that is outside the pas- or knowingly and intelligently waived the right
senger compartment of the vehicle, a handgun to counsel;
is not readily accessible within the meaning of (B) The case was tried to a jury, if the crime
WKLVVHFWLRQLI was one for which the person was entitled to a
(A) The handgun is stored in a closed and jury trial, or the person knowingly and intelli-
locked glove compartment, center console or gently waived the person’s right to a jury trial;
other container; and and

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

(C) The conviction has not been set aside duty with the Army or Navy of the United
or expunged, and the person has not been 6WDWHV
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 E´'HDGO\ZHDSRQµKDVWKHPHDQLQJJLYHQ rized to purchase or receive weapons described
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 F´)DPLO\PHPEHUµPHDQVZLWKUHVSHFW
to the victim, the victim’s spouse, the victim’s
former spouse, a person with whom the victim
shares a child in common, the victim’s parent
or guardian, a person cohabiting with or who
has cohabited with the victim as a spouse,
parent or guardian or a person similarly sit-
uated to a spouse, parent or guardian of the
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zations while parading, or the members thereof
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to a person, the person’s spouse, the person’s has been granted relief from the disability
former spouse, a parent of the person’s child or XQGHU256
another person who has cohabited or is cohab-
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(a) Members of any club or organization, for
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misdemeanor that has, as an element of the
offense, the use or attempted use of physical
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166.260 Persons not affected by ORS
the purpose of practicing shooting at targets
upon the established target ranges, whether
public or private, while such members are
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(c) An honorably retired law enforcement
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offense that would make the person ineligible
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Destructive Device in Public
Building or Court Facility
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described in paragraph (a) or (b) of this subsec-
tion to assist in making arrests or preserving
the peace, while the summoned person is
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the State Transportation Building, the Agri-
culture Building or the Public Service Building
and includes any new buildings which may be
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tion to the group of buildings listed in this
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(A) The Army, Navy, Air Force, Coast Guard
or Marine Corps of the United States, or of the
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States Department of Health and Human Ser-
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that portion of any other building occupied
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

probate court or a juvenile court or a justice at school. (1) Any person who intentionally
RIWKHSHDFH SRVVHVVHVDORDGHGRUXQORDGHGÀUHDUPRUDQ\
 ´-XGLFLDOGLVWULFWµPHDQVDFLUFXLWFRXUW other instrument used as a dangerous weapon,
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tice of the peace district established under ORS FRQYLFWLRQEHJXLOW\RID&ODVV&IHORQ\
  D([FHSWDVRWKHUZLVHSURYLGHGLQSDUD-
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ited to, in a chamber, magazine or clip which
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capped or primed and has a powder charge and
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court facility may be required to surrender
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of a building in which a justice court, a munic- IHORQ\
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conducts business, during the hours in which guilty, upon conviction, of a Class C felony if,
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 ´3UREDWHFRXUWµKDVWKHPHDQLQJJLYHQ local court facility entered an order prohibiting
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ducts business and during the hours in which
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capitol building, a public or private school, as
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sity, a city hall or the residence of any state
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term also includes that portion of any other
building occupied by an agency of the state
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(b) The presiding judge of a judicial district
or a municipal court may enter an order per-
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(c) Within a shared court facility, the pre-
siding judge of a municipal court or justice of
the peace district may not enter an order con-
cerning the possession of weapons in the court
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(3) Subsection (1) of this section does not
(b) Any dirk, dagger, ice pick, slingshot, DSSO\WR
metal knuckles or any similar instrument or
a knife, other than an ordinary pocketknife  D$SROLFHRIÀFHURUUHVHUYHRIÀFHUDVWKRVH
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person or property; LQ256$ZKLOHWKHSDUROHDQGSUR-
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instrument; UHFWLRQVRIÀFHUDVWKRVHWHUPVDUHGHÀQHG
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(f) A club, bat, baton, billy club, bludgeon,
knobkerrie, nunchaku, nightstick, truncheon
or any similar instrument, the use of which
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or
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(d) A person summoned by an officer
described in paragraph (a), (b) or (c) of this
subsection to assist in making an arrest or
preserving the peace, while the summoned
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(e) An honorably retired law enforcement
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itary forces of this state or the United States,
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

 K$SHUVRQZKRLVDXWKRUL]HGE\WKHRIÀFHU RUDIHGHUDORIÀFHUDVGHÀQHGLQ256
or agency that controls the public building to may possess a weapon in a court facility if the
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ment of Agriculture, acting within the scope  E,VFDUU\LQJDZHDSRQWKDWWKHHPSOR\LQJ
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defenses to a charge of violating subsection (1) (3) A presiding judge of a judicial district or
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defense described in subsection (3)(e) of this
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(5)(a) Any person who knowingly, or with
reckless disregard for the safety of another,
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at a place that the person knows is a school
shall upon conviction be guilty of a Class C
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DSSO\WRWKHGLVFKDUJHRIDÀUHDUP (c) Within a shared court facility, the pre-
(A) As part of a program approved by a
school in the school by an individual who is
participating in the program;
Supreme Court may establish procedures reg-
ulating the possession of a weapon in a court
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(a) The procedures for a circuit court must
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(b) The procedures for a justice court or a
municipal court may only prohibit the posses-
sion of weapons within the area in which the
court conducts business and during the hours
in which the court operates;
siding judge of a municipal court or justice of
the peace district may not establish procedures
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the presiding judge of the circuit court; and
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(C) By an employee of the United States
Department of Agriculture, acting within the
scope of employment, in the course of the lawful
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at the entrance to the court facility, or at an
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the entrance is separate from the entrance to
the court facility, and at a security checkpoint
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section is subject to the forfeiture provisions
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a violation of both subsections (1) and (5) of this
section, the district attorney may charge the
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(8) As used in this section, “dangerous
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regulating the possession of a weapon in a
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Discharging Weapons
166.630 Discharging weapon on or
across highway, ocean shore recreation
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area or public utility facility. ([FHSWDV
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of a violation who discharges or attempts to
discharge any blowgun, bow and arrow, cross-
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(a) Upon or across any highway, railroad
right of way or other public road in this state, or
cer. 1RWZLWKVWDQGLQJ256DQG upon or across the ocean shore within the state
except as provided in subsection (2) of this sec- UHFUHDWLRQDUHDDVGHÀQHGLQ256
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(b) At any public or railroad sign or signal or
an electric power, communication, petroleum
or natural gas transmission or distribution
facility of a public utility, telecommunications
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(2) Any blowgun, bow and arrow, crossbow,
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person that was used in committing a violation
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SUHYHQW (4) The hunting license revocation provided
aircraft, or any surface of land or water when
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in the performance of their duty or by military
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ervation, or otherwise lawful hunting, wildlife
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with the consent of the proprietor, manager or
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 D7KHGLVFKDUJHRIÀUHDUPVE\SHDFHRIÀ- LQ256LVLQDGGLWLRQWRDQGQRWLQOLHX
cers in the performance of their duty or by of the penalty provided in subsection (1) of this
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of the United States Department of Agriculture
acting within the scope of employment in the
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(3) The hunting license revocation provided
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lieu of the penalty and forfeiture provided in
Miscellaneous
166.649 Throwing an object off an over-
pass in the second degree. (1) A person
commits the crime of throwing an object off
DQRYHUSDVVLQWKHVHFRQGGHJUHHLIWKHSHUVRQ
(a) With criminal negligence throws an
object off an overpass; and
VXEVHFWLRQVDQGRIWKLVVHFWLRQ
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 $VXVHGLQWKLVVHFWLRQ known, that the object was of a type or size
 D´3XEOLFVLJQµLQFOXGHVDOOVLJQVVLJQDOV to cause damage to any person or vehicle that
and markings placed or erected by authority WKHREMHFWPLJKWKLW
RIDSXEOLFERG\ (2) Throwing an object off an overpass in
 E´3XEOLFXWLOLW\µKDVWKHPHDQLQJJLYHQ WKHVHFRQGGHJUHHLVD&ODVV$PLVGHPHDQRU
WKDWWHUPLQ256  $VXVHGLQWKLVVHFWLRQDQG256
 F´5DLOURDGµKDVWKHPHDQLQJJLYHQWKDW
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166.635 Discharging weapon or throw-
ing objects at trains. (1) A person shall not
knowingly throw an object at, drop an object
RQRUGLVFKDUJHDERZDQGDUURZDLUULÁH
ULÁHJXQUHYROYHURURWKHUÀUHDUPDWDUDLO-
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166.651 Throwing an object off an
RYHUSDVVLQWKHÀUVWGHJUHH(1) A person
commits the crime of throwing an object off an
RYHUSDVVLQWKHÀUVWGHJUHHLIWKHSHUVRQ
(a) Recklessly throws an object off an over-
pass; and
road train, a person on a railroad train or a
commodity being transported on a railroad
WUDLQ7KLVVXEVHFWLRQGRHVQRWSUHYHQWDSHDFH
RIÀFHURUDUDLOURDGHPSOR\HHIURPSHUIRUPLQJ
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(2) Violation of subsection (1) of this section
LVDPLVGHPHDQRU>F†@
166.638 Discharging weapon across air-
port operational surfaces. (1) Any person
who knowingly or recklessly discharges any
ERZDQGDUURZJXQDLUJXQRURWKHUÀUHDUP
upon or across any airport operational sur-
IDFHFRPPLWVD&ODVV$PLVGHPHDQRU$Q\
ERZDQGDUURZJXQDLUJXQRURWKHUÀUHDUP
in the possession of the person that was used
in committing a violation of this subsection
PD\EHFRQÀVFDWHGDQGIRUIHLWHGWRWKH6WDWHRI
Oregon, and the clear proceeds shall be depos-
ited with the State Treasury in the Common
 E .QRZV RU UHDVRQDEO\ VKRXOG KDYH
known, that the object was of a type or size
to cause damage to any person or vehicle that
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(2) Throwing an object off an overpass in the
ÀUVWGHJUHHLVD&ODVV&IHORQ\>F†@
 &DVWLQJDUWLÀFLDOOLJKWIURP
vehicle while possessing certain weapons
prohibited. (1) A person may not cast from a
PRWRUYHKLFOHDQDUWLÀFLDOOLJKWZKLOHWKHUHLV
in the possession or in the immediate physical
presence of the person a bow and arrow or a
ÀUHDUP
(2) Subsection (1) of this section does not
DSSO\WRDSHUVRQFDVWLQJDQDUWLÀFLDOOLJKW
(a) From the headlights of a motor vehicle
that is being operated on a road in the usual
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(2) As used in subsection (1) of this sec-
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surface of land or water developed, posted or
marked so as to give an observer reasonable
notice that the surface is developed for the pur-
pose of storing, parking, taxiing or operating
 E:KHQWKHERZDQGDUURZRUÀUHDUPWKDW
the person has in the possession or immediate
physical presence of the person is disassembled
or stored, or in the trunk or storage compart-
PHQWRIWKHPRWRUYHKLFOH
(c) When the ammunition or arrows are
VWRUHGVHSDUDWHIURPWKHZHDSRQ

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

(d) On land owned or lawfully occupied by to participate in a program described in this

WKDWSHUVRQ SDUDJUDSKRQO\RQFH
(e) On publicly owned land when that person  E,QDGGLWLRQWRDQGQRWLQOLHXRIDQ\RWKHU
has an agreement with the public body to use penalty established by law, a person who is con-
WKDWSURSHUW\ victed of a second violation of subsection (1) of
 I:KHQWKHSHUVRQLVDSHDFHRIÀFHURULV
a government employee engaged in the perfor-
PDQFHRIRIÀFLDOGXWLHV
(g) When the person has been issued a
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FDUU\DFRQFHDOHGKDQGJXQ
(h) When the person is an honorably retired
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been convicted of an offense that would make
the person ineligible to obtain a concealed
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this section through misrepresentation of age
may be required to participate in a program
described in paragraph (a) of this subsection or
to perform community service as described in
paragraph (a) of this subsection, and the court
shall order that the person’s driving privileges
or right to apply for driving privileges be sus-
SHQGHGIRUDSHULRGQRWWRH[FHHGRQH\HDU,ID
court has issued an order suspending driving
privileges under this paragraph, the court,
upon petition of the person, may withdraw the
order at any time the court deems appropri-
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of Transportation under this paragraph may
 $SHDFHRIÀFHUPD\LVVXHDFLWDWLRQWRD
person for a violation of subsection (1) of this
section when the violation is committed in the
SUHVHQFHRIWKHSHDFHRIÀFHURUZKHQWKHSHDFH
RIÀFHUKDVSUREDEOHFDXVHWREHOLHYHWKDWDYLR-
lation has occurred based on a description of
the vehicle or other information received from
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(4) Violation of subsection (1) of this section
LVSXQLVKDEOHDVD&ODVV%YLRODWLRQ
include a recommendation that the person
be granted a hardship permit under ORS
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(4) A person under 18 years of age who is
acting under the supervision of an adult may
purchase, attempt to purchase or acquire
tobacco products or an inhalant delivery
system for the purpose of testing compliance
with a federal law, state law, local law or
 $VXVHGLQWKLVVHFWLRQ´SHDFHRIÀFHUµ
has the meaning given that term in ORS
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Chapter 167
TOBACCO PURCHASE BY MINOR
167.401 Purchase by minors of tobacco
products or inhalant delivery systems
retailer management policy limiting or reg-
ulating the delivery of tobacco products or
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the Legislative Assembly but was not added
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ace to Oregon Revised Statutes for further
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prohibited; exceptions. D ([FHSW DV
provided in subsection (4) of this section, a
person under 18 years of age may not purchase,
attempt to purchase or acquire tobacco prod-
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(b) A person under 18 years of age may not
possess tobacco products or an inhalant deliv-
ery system unless the person is in a private
residence accompanied by the parent or guard-
ian of the person and the parent or guardian
has consented to the person possessing tobacco
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(2) A person who violates subsection (1) of
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Chapter 184
DEPARTMENT OF
TRANSPORTATION
OPERATING FUND
184.642 Department of Transporta-
tion Operating Fund; sources; uses. (1)
The Department of Transportation Operat-
ing Fund is established in the State Treasury
separate and distinct from the General Fund
and separate and distinct from the State
+LJKZD\)XQG([FHSWDVRWKHUZLVHSURYLGHG
in subsection (3)(e) of this section, moneys in
 D,QOLHXRIDQ\RWKHUSHQDOW\HVWDE- the Department of Transportation Operating
lished by law, a person who is convicted for Fund are continuously appropriated to the
WKHÀUVWWLPHRIDYLRODWLRQRIVXEVHFWLRQ
of this section may be ordered to participate
in an education program about using tobacco
products or inhalant delivery systems or a ces-
sation program for users of tobacco products or
inhalant delivery systems or to perform com-
munity service related to diseases associated
with using tobacco products or inhalant deliv-
HU\V\VWHPV([FHSWDVSURYLGHGLQSDUDJUDSK
(b) of this subsection, a person may be ordered
Miscellaneous Laws 3DJH
Department of Transportation to pay expenses
of the department that are incurred in the
performance of functions the department is
statutorily required or authorized to perform
and that may not constitutionally be paid from
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(2) The operating fund shall consist of the
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(2015 Edition)
 MISCELLANEOUS LAWS

(a) Taxes paid on motor vehicle fuels or on (d) Moneys collected from civil penalties
the use of fuel in a motor vehicle for which a LPSRVHGXQGHU256PD\EHXVHGRQO\
person is entitled to a refund under a provi- IRUUHJXODWLRQRIYHKLFOHGHDOHUV
sion described in this paragraph but for which  H0RQH\VFROOHFWHGXQGHU256
no refund is claimed, in amounts determined IURPIHHVIRULGHQWLÀFDWLRQFDUGVVKDOOEHXVHG
XQGHU2567KLVSDUDJUDSKDSSOLHVWR ÀUVWWRSD\WKHH[SHQVHVRIWKHGHSDUWPHQWIRU
UHIXQGHQWLWOHPHQWVGHVFULEHGLQ256 performing the functions of the department
DDQGHDDQGE UHODWLQJWRLGHQWLÀFDWLRQFDUGV$IWHUSD\LQJ
 E)HHVFROOHFWHGXQGHU256IRU WKHH[SHQVHVUHODWHGWRLGHQWLÀFDWLRQFDUGV
LVVXDQFHRUUHQHZDORI the department shall transfer the remaining
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(OGHUO\DQG'LVDEOHG6SHFLDO7UDQVSRUWDWLRQ
 %9HKLFOHGHDOHUFHUWLÀFDWHV )XQGHVWDEOLVKHGLQ256
(C) Show licenses; (f) Moneys from the permits described in
 '9HKLFOHWUDQVSRUWHUFHUWLÀFDWHV subsection (2)(g) of this section may be used
for costs of issuing the permits and monitoring
 ('ULYHUWUDLQLQJLQVWUXFWRUFHUWLÀFDWHV WKHDFWLYLWLHVWKDWJHQHUDWHWKHIHHV
(F) Commercial driver training school cer- (g) Moneys from interest and other earnings
WLÀFDWHVDQG on moneys in the operating fund may be used
 *9HKLFOHDSSUDLVHUFHUWLÀFDWHV for any purpose for which other moneys in the
IXQGPD\EHXVHG>F††
 F/DWHIHHVFROOHFWHGXQGHU256 F†F†F††
 G)HHVFROOHFWHGXQGHU256 F†F†@
(e) Moneys from civil penalties imposed NoteDQGZHUHHQDFWHG
XQGHU256 into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 184
 I)HHVFROOHFWHGXQGHU256IRU
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(g) Fees collected by the department for
issuance of permits to engage in activities
GHVFULEHGLQ256WRWKDWDUH
not directly connected to the construction,
reconstruction, improvement, repair, mainte-
nance, operation and use of a public highway,
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Preface to Oregon Revised Statutes for further
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184.643 Transfer of certain fuel tax
moneys to operating fund. Once each year
the Oregon Department of Administrative
Services, after consultation with the Oregon
Transportation Commission and the Depart-
ment of Transportation, shall estimate the
 K)HHVFROOHFWHGXQGHU256IRU amount of taxes paid for which persons are
services provided to the Oregon Department HQWLWOHGWRUHIXQGVXQGHU256D
RI$YLDWLRQ DQGHDDQGE$IWHU
deducting the amount of any refunds actually
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(3) Moneys in the Department of Trans- DPRXQWWRWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
portation Operating Fund established by The Department of Transportation shall trans-
subsections (1) and (2) of this section may be fer the remaining amount from the Driver
VSHQWRQO\DVIROORZV and Motor Vehicle Suspense Account to the
Department of Transportation Operating Fund
(a) Taxes described in subsection (2)(a) of HVWDEOLVKHGE\256DQG>
this section may be used only for payment of F†F†@
expenses of the Department of Transportation
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(A) May not constitutionally be paid from
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of the Oregon Constitution; Chapter 192
(B) Are incurred in the performance of func-
tions the department is statutorily required or ADDRESS CONFIDENTIALITY
authorized to perform; and PROGRAM
(C) Are not payable from moneys described  'HÀQLWLRQVIRU256WR
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(b) Fees collected under subsection (2)(b) of
this section may be used only to carry out the
regulatory functions of the department relat-
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(a) A residential, work or school street
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application of the individual to be a program
 F)HHVFROOHFWHGXQGHU256PD\ participant; or
be used only for the purposes described in ORS
 (b) The name of the county in which the
program participant resides or the name or

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

number of the election precinct in which the  &DQFHOODWLRQRIFHUWLÀFDWLRQ(1)

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means the program established under ORS (a) The Attorney General determines that
 WKHSURJUDPSDUWLFLSDQWYLRODWHG256
  ´$SSOLFDWLRQ DVVLVWDQWµ PHDQV DQ (b) The Attorney General determines that
employee of or a volunteer serving a public or WKHSURJUDPSDUWLFLSDQWYLRODWHG256
private entity designated by the Attorney Gen- or
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with applications to participate in the Address FHUWLÀHGRUUHJLVWHUHGPDLOIRUZDUGHGWRWKH
&RQÀGHQWLDOLW\3URJUDP program participant by the Attorney General
 ´3URJUDPSDUWLFLSDQWµPHDQVDQLQGLYLG- LVUHWXUQHGDVXQGHOLYHUDEOH
XDODFFHSWHGLQWRWKH$GGUHVV&RQÀGHQWLDOLW\ (2) The Attorney General shall send notice
3URJUDPXQGHU256WR of cancellation to the program participant set-
 ´3XEOLFERG\µKDVWKHPHDQLQJJLYHQWKDW ting out the reasons for the cancellation and
WHUPLQ256 setting out the rights and duties of the program
 ´3XEOLFUHFRUGµKDVWKHPHDQLQJJLYHQ SDUWLFLSDQW
WKDWWHUPLQ256 (3) A program participant has 30 days to
 ´6XEVWLWXWHDGGUHVVµPHDQVDQDGGUHVV appeal the cancellation decision under pro-
designated by the Attorney General under the cedures adopted by the Attorney General by
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 ´9LFWLPRIDVH[XDORIIHQVHµPHDQV LQ256DQGLVQRWVXEMHFWWRMXGLFLDO
(a) An individual against whom a sexual UHYLHZXQGHU256
offense has been committed, as described in
256WRRU
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(b) Any other individual designated by the
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program participant is canceled under this
section shall notify persons and public bodies
using the substitute address as the address of
the program participant that the substitute
address is no longer the address to be used by
 ´9LFWLPRIGRPHVWLFYLROHQFHµPHDQV SXEOLFERGLHVDVGHVFULEHGLQ256
(a) An individual against whom domestic
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(b) An individual who has been a victim of
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(c) Any other individual designated a victim
of domestic violence by the Attorney General
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192.836 Use of substitute address;
waiver of requirement. (1)(a) A program
participant may request that public bodies
use the substitute address designated by the
Attorney General as the address of the pro-
gram participant in any ongoing actions or
proceedings or when creating a new public
 ´9LFWLPRIKXPDQWUDIÀFNLQJµPHDQV UHFRUG
(a) An individual against whom an offense
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has been committed; or
(b) Any other individual designated by the
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under this subsection, the Attorney General
shall consider individuals against whom an
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(b) A public body is not responsible for
requesting that departments, divisions,
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public body or other public bodies use the sub-
stitute address as the address of the program
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(c) Unless requested by the program partic-
ipant, when the actual address of a program
participant is contained in a public record that
LVÀOHGZLWKWKHSXEOLFERG\WKHSXEOLFERG\LV
 ´9LFWLPRIVWDONLQJµPHDQV not responsible for modifying the public record
to contain the substitute address designated
(a) An individual against whom stalking has E\WKH$WWRUQH\*HQHUDO
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or (d) The Attorney General is not responsible
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(b) Any other individual designated by the
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law by the Legislative Assembly but were not
added to or made a part of ORS chapter 192
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Preface to Oregon Revised Statutes for further
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Miscellaneous Laws 3DJH
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dentiality Program authorization card to a
public body, the public body shall accept the
substitute address on the authorization card
as the address of the program participant
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request of the program participant, the public
(2015 Edition)
 MISCELLANEOUS LAWS

body shall use the substitute address on the substitute address designated by the Attor-
authorization card in any ongoing actions or QH\*HQHUDO7KHGHSDUWPHQWVKDOOQRWHRQWKH
SURFHHGLQJV records that the address shown is a substitute
(3) A public body may request a waiver from DGGUHVVXQGHU256WR:KLOH
WKHUHTXLUHPHQWVRIWKH$GGUHVV&RQÀGHQWLDO- the request is in effect, the program partici-
ity Program by submitting a waiver request pant may enter the substitute address on any
WRWKH$WWRUQH\*HQHUDO7KHZDLYHUUHTXHVW driver or vehicle form issued by the department
VKDOOEHLQZULWLQJDQGLQFOXGH WKDWUHTXLUHVDQDGGUHVV
(a) An explanation of why the public body
cannot meet its statutory or administrative
obligations by possessing or using the substi-
tute address; and
 ,IDQLQGLYLGXDOFHDVHVWREHFHUWLÀHGDV
a program participant, the individual shall
notify the department of a change of address as
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 E$QDIÀUPDWLRQWKDWLIWKH$WWRUQH\*HQ-
eral accepts the waiver, the public body will
only use the actual address of the program
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(4) The Attorney General shall accept or
deny a waiver request from a public body in
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VRQVIRUDFFHSWDQFHRUGHQLDO$QDFFHSWDQFH
or denial made under this subsection is not
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and is not subject to judicial review under ORS

Note6HHQRWHXQGHU
Chapter 247
VOTER REGISTRATION
247.012 Method of registering or
updating a registration; when regis-
tration occurs; minimum registration
information required; effect of missing
registration information; registration
 ([FHSWDVSURYLGHGLQ256WR
LIDODZRUUXOHUHTXLUHVWKHXVHRID
residence address, the substitute address may
EHXVHGLQVWHDG>F†F†@
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192.844 Prohibition on disclosure of
actual address or telephone number by
locations. $TXDOLÀHGSHUVRQPD\UHJLVWHU
WRYRWHRUXSGDWHDUHJLVWUDWLRQWRYRWHE\
(a) Delivering by mail or otherwise a com-
pleted registration card to any county clerk,
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ment of Transportation or any designated
voter registration agency as described in ORS

public body. ([FHSWDVSURYLGHGLQ256
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a request from a program participant under
256  PD\ QRW GLVFORVH WKH DFWXDO
address or telephone number of the program
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(b) Personally delivering the card to an
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subsection (7) of this section;
(c) Submitting the person’s legal name,
age, residence and citizenship information
 (DFKSXEOLFERG\WKDWUHFHLYHVDUHTXHVW
from a program participant under ORS
VKDOODGRSWDSURFHGXUHWRSUHYHQW
unnecessary disclosure of actual addresses or
telephone numbers of program participants to
employees of that public body or other persons
and electronic signature to the Department
of Transportation; or
(d) Completing a registration card using the
electronic voter registration system described
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192.846 Records of Department of
Transportation; substitute address. (1)
A program participant may request that any
driver or vehicle record kept by the Department
of Transportation that contains or is required
to contain the program participant’s actual
address contain instead the substitute address
GHVLJQDWHGE\WKH$WWRUQH\*HQHUDO$UHTXHVW
XQGHUWKLVVXEVHFWLRQPXVW forward the card to the county clerk for the
 ,IDUHJLVWUDWLRQFDUGLVPDLOHGRUGHOLY-
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(a) Any person other than a county clerk
or the Secretary of State, the person shall
forward the card to a county clerk or the Sec-
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receiving the card; or
(b) The Secretary of State or a county clerk
for a county other than the county in which
the person applying for registration resides,
the Secretary of State or county clerk shall
county in which the person resides not later
 D%HLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW WKDQWKHÀIWKGD\DIWHUUHFHLYLQJWKHFDUG
and
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LVDSURJUDPSDUWLFLSDQW (a) When a legible, accurate and complete
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 8SRQUHFHLSWRIDUHTXHVWDQGYHULÀFD- DQ\FRXQW\FOHUNWKH2IÀFHRIWKH6HFUHWDU\RI
tion under this section, the department shall 6WDWHDQRIÀFHRIWKH'HSDUWPHQWRI7UDQVSRU-
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
by a county clerk under subsection (7) of this
section;
(b) On the date a registration card is post-
marked if the card is received after the 21st
day immediately preceding an election but is
postmarked not later than the 21st day imme-
diately preceding the election and is addressed
WRDQRIÀFHRIDQ\FRXQW\FOHUNWKH2IÀFHRIWKH
6HFUHWDU\RI6WDWHDQRIÀFHRIWKH'HSDUWPHQW
of Transportation or any designated voter reg-
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or
 
transfer of voter registration information by
HOHFWURQLFRUPDJQHWLFPHGLXP>F
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247.016 Registration of person who is 17
years of age; limitation on public record
disclosure. (1) Subject to this section, an oth-
HUZLVHTXDOLÀHGSHUVRQZKRLVDWOHDVW\HDUV
RIDJHPD\UHJLVWHUWRYRWH
(2) A person who registers to vote under
subsection (1) of this section may not vote in
an election until the person attains the age of
\HDUV
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ing a date of birth, containing an incomplete subsection (1) of this section will be under 18
date of birth or containing an unintentional years of age on the date of the next election
scrivener’s error that is supplied or corrected KHOGRQDGDWHOLVWHGLQ256RUWKHQH[W
DVGHVFULEHGLQVXEVHFWLRQRURIWKLVVHF-
tion, on the date that registration would have
occurred if the registration card had not been
missing the date of birth, contained an incom-
plete date of birth or contained the scrivener’s
HUURU
special election, the person’s voter registration
information, including but not limited to the
person’s name and any identifying information,
may not be disclosed as a public record under
256WR>F†
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 ([FHSWDVSURYLGHGLQ256LID
registration card is legible, accurate and con-
tains, at a minimum, the registrant’s name,
residence address, date of birth and signature,
WKHFRXQW\FOHUNVKDOOUHJLVWHUWKHSHUVRQ,I
this information is missing from the registra-
tion card or the date of birth is incomplete,
the county clerk shall attempt to contact the
person to obtain the missing or incomplete
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registrant’s date of birth from any previous
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247.017 Transfer of voter registration
materials to Secretary of State from
Department of Transportation; opt-out of
voter registration; rules. (1) The Secretary
of State shall by rule establish a schedule by
which the Department of Transportation shall
provide to the secretary electronic records con-
taining the legal name, age, residence and
citizenship information for, and the electronic
VLJQDWXUHRIHDFKSHUVRQZKRPHHWVTXDOLÀFD-
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(2) Upon receiving the electronic record for,
 ,IDUHJLVWUDWLRQFDUGPHHWVWKHUHTXLUH-
ments of subsection (4) of this section but is
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iation, the registrant shall be considered not
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tion does not apply if an elector is updating a
UHJLVWUDWLRQ
and electronic signature of, a person described
in subsection (1) of this section, the Secretary
of State shall provide the information to the
county clerk of the county in which the person
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or county clerk shall notify each person of the
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tentional scrivener’s error, the county clerk
may attempt to contact the person to correct  E$GRSWDSROLWLFDOSDUW\DIÀOLDWLRQ
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 $FRXQW\FOHUNPD\DSSRLQWRIÀFLDOVWR
accept registration of persons at designated
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responsible for the performance of duties by
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(8) A registration card received and accepted
under this section shall be considered an active
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(9) A registration may be updated at any
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information by Department of Transpor-
tation. ,QLPSOHPHQWLQJ256
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shall take steps reasonably necessary to allow
Miscellaneous Laws 3DJH (2015 Edition)
of this section does not decline to be registered
as an elector within 21 calendar days after
the Secretary of State or county clerk issues
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and electronic signature submitted under
subsection (1) of this section will constitute
a completed registration card for the person
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be registered to vote if the county clerk deter-
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$UWLFOH,,VHFWLRQRIWKH2UHJRQ&RQVWLWX-
tion, and the person is not already registered
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(4) A county clerk may not send a ballot to,
or add to an elector registration list, a person
who meets eligibility requirements until at
least 21 calendar days after the Secretary of
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the person as described in subsection (2) of this
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†@ tary may revoke any permission granted under
247.019 Electronic voter registration; WKLVVXEVHFWLRQDWDQ\WLPH$OOUHJLVWUDWLRQ
rules. (1) The Secretary of State by rule shall cards shall be distributed to the public without
adopt an electronic voter registration system to FKDUJH
EHXVHGE\TXDOLÀHGSHUVRQVZKRKDYHDYDOLG (2) The Secretary of State shall approve any
 D2UHJRQGULYHUOLFHQVHDVGHÀQHGLQ256 voter registration application form developed
 for use by any agency designated as a voter
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 E2UHJRQGULYHUSHUPLWDVGHÀQHGLQ256
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or approved by the Secretary of State shall
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256
(2) The electronic voter registration system
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registration card delivered under this section is
considered delivered to the Secretary of State
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(3) A person who completes a registration
card electronically under this section consents
to the use of the person’s driver license, driver
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(4) The Department of Transportation shall
provide to the Secretary of State a digital copy
of the driver license, driver permit or state
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who completes a registration card under this
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247.025 Registration deadline; required
address. 7RYRWHLQDQHOHFWLRQ
(1) A person’s registration card must be
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describe the penalties for knowingly supplying
false information on the registration card and
shall contain space for a person to provide the
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(a) Full name;
(b) Residence address, mailing address or
any other information necessary to locate the
residence of the person offering to register to
vote;
(c) The name of the political party with
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(d) Date of birth;
(e) An indication that the person is a citizen
of the United States; and
(f) A signature attesting to the fact that the
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(4) Any form containing a voter registration
card may also include space for a person to
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(a) A telephone number where the person
may be contacted; and
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or location closes for business on the 21st day
immediately preceding the election, but in no
case later than midnight of the 21st day imme-
diately preceding the election;
(2) A person’s registration card must be
postmarked not later than the 21st day imme-
 E,ISUHYLRXVO\UHJLVWHUHGWRYRWHLQWKLV
state, the name then supplied by the person
and the county and, if known, the address of
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(5) A person shall not supply any informa-
tion under subsection (3) or (4) of this section
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diately preceding the election and be addressed
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of Transportation or any designated voter reg-
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or
(3) A person’s registration card must be
delivered electronically as described in ORS
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247.171 State and federal voter regis-
tration cards; Secretary of State approval
of voter registration application forms of
voter registration agencies; content of
 $FRXQW\FOHUNRURWKHUSHUVRQDFFHSW-
ing registration cards shall not request any
information unless it is authorized by state or
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(7) A person shall attest to the information
supplied on the voter registration card by sign-
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(8) Any completed and signed registration
card described in subsection (3) of this section
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voter registration cards. ([FHSWDVSUR- 247.174 Determining if person quali-
vided in this subsection, the Secretary of State ÀHGWRUHJLVWHURUXSGDWHUHJLVWUDWLRQ
shall design, prepare and distribute state voter
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person may apply in writing to the Secretary of
State for permission to print, copy or otherwise
prepare and distribute the registration cards
hearing. 7KHTXDOLÀFDWLRQVRIDQ\SHUVRQ
who requests to be registered or to update a
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nated by the county clerk to register persons
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Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

 7KHFRXQW\FOHUNRURIÀFLDOGHVLJQDWHGE\
the county clerk to register persons as electors
may reject any registration or update of a reg-
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WKHSHUVRQLVQRWTXDOLÀHGRUWKDWWKHUHJLVWUD-
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(3) A person whose registration or update
to a registration is rejected may apply to the
county clerk not later than the 10th day after
effect of which is to discourage a person from
registering to vote;
(d) Make any statement to a person regis-
tering to vote or take any action the purpose or
effect of which is to lead the person to believe
that a decision to register or not to register has
any bearing on the availability of services or
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(e) Seek to induce any person to register or
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the rejection for a hearing on the person’s qual-
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Not later than the 10th day after the date the
county clerk receives the application, the clerk
shall notify the applicant of the place and time
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ing shall be held not sooner than the second nor
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the hearing the applicant may present evidence
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nated a voter registration agency under the
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103-31) shall, with each application for service
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renewal or change of address form relating to
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(a) Distribute a registration card, including
all statements required under the National
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conclusion of the hearing, determines that the
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register or update the registration of the appli-
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and
(b) Provide a form including other infor-
mation required by the National Voter
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247.178 Distribution of registration
cards. Any person may distribute a regis-
tration card in any reasonable manner that
facilitates elector registration, including but
 ,QIRUPDWLRQUHODWLQJWRDGHFOLQDWLRQWR
register to vote in connection with an applica-
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(4) of this section shall not be used for any
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not limited to distribution of the card door to
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where applications for driver licenses or vehi-
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of an agency designated a voter registration
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247.208 Voter registration agencies; des-
 $FRPSOHWHGUHJLVWUDWLRQFDUGDFFHSWHGDW
a voter registration agency designated under
this section shall be delivered to a county clerk
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(7) At least once each biennium, the Secre-
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(a) Assess new and developing federal guide-
lines regarding compliance with the National
ignation; prohibited activities; required 9RWHU5HJLVWUDWLRQ$FWRI3/
services; assessment of compliance with  E ,GHQWLI\ VWHSV QHFHVVDU\ WR HQVXUH
federal guidelines. (1) The Secretary of State ongoing compliance with the National Voter
by rule, in accordance with the requirements 5HJLVWUDWLRQ$FWRI3/
of the National Voter Registration Act of 1993
3/VKDOOGHVLJQDWHDJHQFLHVDVYRWHU
UHJLVWUDWLRQDJHQFLHV$JHQFLHVGHVLJQDWHGPD\
LQFOXGHVWDWHFRXQW\FLW\RUGLVWULFWRIÀFHVDQG
IHGHUDODQGQRQJRYHUQPHQWDORIÀFHVZLWKWKH
agreement of the federal or nongovernmental
 F,GHQWLI\EDUULHUVWRDQGUHVHDUFKRSSRU-
tunities for ensuring the accuracy, security
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cesses at voter registration agencies designated
under this section; and
RIÀFHV  G,GHQWLI\ZD\VWRLPSURYHXVHRIFXUUHQW
(2) Services required by the National Voter WHFKQRORJ\>F†F†@
5HJLVWUDWLRQ$FWRI3/VKDOOEH
made available in connection with any regis-
tration card at each voter registration agency Chapter 283
GHVLJQDWHGE\WKH6HFUHWDU\RI6WDWH
(3) A person providing services referred to
in subsection (2) of this section at a voter reg- MARKING OF STATE-
LVWUDWLRQDJHQF\VKDOOQRW OWNED VEHICLES
 D6HHNWRLQÁXHQFHWKHSROLWLFDOSUHIHUHQFH 283.390 State-owned vehicles to be
or party registration of a person registering to marked; exceptions. (1) Any state depart-
vote; ment or institution owning or operating
 E,QDFFRUGDQFHZLWKSURYLVLRQVRIWKH
Oregon Constitution, display such political
preference or party allegiance;
(c) Make any statement to a person register-
ing to vote or take any action the purpose or
automobiles or trucks shall have printed or
painted in plain lettering of a size so as to be
readily read the name of the department or
institution owning or operating the vehicle,
IROORZHGE\WKHZRUGV´6WDWHRI2UHJRQµ

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(2) A vehicle need not be marked as required WRDQGWR´6WDWH

by subsection (1) of this section and need DJHQF\µLQFOXGHVWKH/HJLVODWLYH$VVHPEO\
bear only such evidence of registration as is including legislative committees and service
UHTXLUHGRQSULYDWHO\RZQHGYHKLFOHVLI agencies, the Secretary of State, the State
 D ,Q WKH RSLQLRQ RI WKH 'LUHFWRU RI WKH
Oregon Department of Administrative Ser-
vices, the marking of the vehicle as required
by subsection (1) of this section would unduly
hinder the department or institution owning or
operating the vehicle in carrying out its duties
and functions; and
(b) The department has approved in writing
the operation of the particular vehicle without
being marked as required by subsection (1) of
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(3) Notwithstanding subsection (1) of this
section, the department shall, upon request
of any state law enforcement agency or
state parole or probation agency for which
the department obtains vehicles, obtain for
the agencies vehicles that are not marked
as required by subsection (1) of this section
and that have registration described in ORS
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Chapter 291
AGENCY FEE RESTRICTIONS
 'HÀQLWLRQVIRU256WR
291.060. $VXVHGLQ256WR cial department of government unless approved
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or the Oregon Beef Council created under ORS
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law by the Legislative Assembly but were not
added to or made a part of ORS chapter 291
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Preface to Oregon Revised Statutes for further
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291.055 State agency fee approval;
exemptions; restoration of temporarily
reduced fees. (1) Notwithstanding any other
law that grants to a state agency the authority
to establish fees, all new state agency fees or
fee increases adopted during the period begin-
ning on the date of adjournment sine die of a
regular session of the Legislative Assembly
and ending on the date of adjournment sine die
of the next regular session of the Legislative
$VVHPEO\
(a) Are not effective for agencies in the
executive department of government unless
approved in writing by the Director of the
Oregon Department of Administrative
Services;
(b) Are not effective for agencies in the judi-
 ´)HHµPHDQVDQDPRXQWLPSRVHGDQG in writing by the Chief Justice of the Supreme
collected by a state agency to defray or recover Court;
the costs of administering the law involved in (c) Are not effective for agencies in the
providing a service to the public and used by legislative department of government unless
the state agency to carry out or enforce a law approved in writing by the President of the
XQGHULWVMXULVGLFWLRQ´)HHµGRHVQRWLQFOXGH Senate and the Speaker of the House of
 D)LQHVFLYLOSHQDOWLHVRUFRXUWMXGJPHQWV Representatives;
(b) Proceeds from the sale of products or (d) Shall be reported by the state agency
charges for rents, leases or other real estate to the Oregon Department of Administrative
WUDQVDFWLRQV Services within 10 days of their adoption; and
 F,QWHUHVWDQGRWKHUFKDUJHVIRUERQGLQJ
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(d) Charges levied by one state agency on
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(e) Are rescinded on adjournment sine die
of the next regular session of the Legislative
Assembly as described in this subsection,
unless otherwise authorized by enabling leg-
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(e) Copying charges for public records as
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(f) Charges for attendance at informational
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(a) Any tuition or fees charged by a public
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(b) Taxes or other payments made or col-
 ´/HJLVODWLYHO\DGRSWHGEXGJHWµKDVWKH lected from employers for unemployment
PHDQLQJJLYHQWKDWWHUPLQ256 LQVXUDQFHUHTXLUHGE\256FKDSWHURUSUH-
 ´/HJLVODWLYHO\DSSURYHGEXGJHWµKDVWKH PLXPDVVHVVPHQWVUHTXLUHGE\256
PHDQLQJJLYHQWKDWWHUPLQ256 DQGRUFRQWULEXWLRQVDQGDVVHVVPHQWV
calculated by cents per hour for workers’ com-
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purchased voluntarily that have a commercial
YDOXH´3URGXFWVµGRHVQRWLQFOXGHOLFHQVHVRU  F)HHVRUSD\PHQWVUHTXLUHGIRU
SHUPLWVLVVXHGE\VWDWHDJHQFLHV (A) Health care services provided by the
 ´6WDWHDJHQF\µPHDQVHYHU\VWDWHRIÀFHU Oregon Health and Science University, by the
board, commission, department, institution, Oregon Veterans’ Homes and by other state
branch or agency of the state government that agencies and institutions pursuant to ORS
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Miscellaneous Laws 3DJH (2015 Edition)

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(B) Assessments imposed by the Oregon
0HGLFDO,QVXUDQFH3RRO%RDUGXQGHUVHFWLRQ
FKDSWHU2UHJRQ/DZV
(C) Copayments and premiums paid to the
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(d) Fees created or authorized by statute
that have no established rate or amount but
are calculated for each separate instance for
each fee payer and are based on actual cost of
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(e) State agency charges on employees for
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is operative on and after July 1, 2017, includ-
ing amendments by section 20, chapter 70,
Oregon Laws 2015, and section 44b, chapter
 I$Q\LQWHUJRYHUQPHQWDOFKDUJHV 807, Oregon Laws 2015, is set forth for the
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(g) Forest protection district assessment
UDWHVHVWDEOLVKHGE\256WR 291.0551RWZLWKVWDQGLQJDQ\RWKHUODZ
and the Oregon Forest Land Protection Fund that grants to a state agency the authority to
IHHVHVWDEOLVKHGE\256 establish fees, all new state agency fees or fee
increases adopted during the period beginning
 K6WDWH'HSDUWPHQWRI(QHUJ\DVVHVVPHQWV on the date of adjournment sine die of a regular
UHTXLUHGE\256DQG
(i) Assessments on premiums charged by
the Department of Consumer and Business
6HUYLFHV SXUVXDQW WR 256  RU IHHV
charged by the Division of Finance and Corpo-
rate Securities of the Department of Consumer
and Business Services to banks, trusts and
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(j) Public Utility Commission operating
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charges paid to the Residential Service Pro-
tection Fund required by chapter 290, Oregon
/DZV
(k) Fees charged by the Housing and Com-
munity Services Department for intellectual
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(L) New or increased fees that are antici-
pated in the legislative budgeting process for
an agency, revenues from which are included,
explicitly or implicitly, in the legislatively
adopted budget or the legislatively approved
EXGJHWIRUWKHDJHQF\
(m) Tolls approved by the Oregon Transpor-
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session of the Legislative Assembly and ending
on the date of adjournment sine die of the next
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(a) Are not effective for agencies in the
executive department of government unless
approved in writing by the Director of the
Oregon Department of Administrative
Services;
(b) Are not effective for agencies in the judi-
cial department of government unless approved
in writing by the Chief Justice of the Supreme
Court;
(c) Are not effective for agencies in the
legislative department of government unless
approved in writing by the President of the
Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency
to the Oregon Department of Administrative
Services within 10 days of their adoption; and
(e) Are rescinded on adjournment sine die
of the next regular session of the Legislative
Assembly as described in this subsection,
unless otherwise authorized by enabling leg-
LVODWLRQVHWWLQJIRUWKWKHDSSURYHGIHHV
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(3)(a) Fees temporarily decreased for com-
petitive or promotional reasons or because of
unexpected and temporary revenue surpluses
may be increased to not more than their prior
level without compliance with subsection (1) of
this section if, at the time the fee is decreased,
(a) Any tuition or fees charged by a public
XQLYHUVLW\OLVWHGLQ256
(b) Taxes or other payments made or col-
lected from employers for unemployment
LQVXUDQFHUHTXLUHGE\256FKDSWHURUSUH-
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calculated by cents per hour for workers’ com-
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(A) The reason for the fee decrease; and
(B) The conditions under which the fee will
EHLQFUHDVHGWRQRWPRUHWKDQLWVSULRUOHYHO
(b) Fees that are decreased for reasons other
than those described in paragraph (a) of this
subsection may not be subsequently increased
H[FHSWDVDOORZHGE\256WR
DQG>F†F†

(A) Health care services provided by the
Oregon Health and Science University, by the
Oregon Veterans’ Homes and by other state
agencies and institutions pursuant to ORS
WR
(B) Copayments and premiums paid to the
2UHJRQPHGLFDODVVLVWDQFHSURJUDP

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

(d) Fees created or authorized by statute Chapter 305

that have no established rate or amount but
are calculated for each separate instance for
each fee payer and are based on actual cost of LICENSEE AND
VHUYLFHVSURYLGHG CONTRACTOR LISTS
(e) State agency charges on employees for  'HÀQLWLRQVIRU256As
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(g) Forest protection district assessment
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and the Oregon Forest Land Protection Fund
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 ´$JHQF\µPHDQVDQ\GHSDUWPHQWERDUG
commission, division or authority of the State
of Oregon, or any political subdivision of this
state which imposes a local tax administered
by the Department of Revenue under ORS

 K6WDWH'HSDUWPHQWRI(QHUJ\DVVHVVPHQWV
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(i) Assessments on premiums charged by
the Department of Consumer and Business
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 ´/LFHQVHµPHDQVDQ\ZULWWHQDXWKRULW\
required by law or ordinance as a prereq-
uisite to the conduct of a business, trade or
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rate Securities of the Department of Consumer tracts to supply goods, services or real estate
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(j) Public Utility Commission operating
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charges paid to the Residential Service Pro-
tection Fund required by chapter 290, Oregon
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(k) Fees charged by the Housing and Com-
munity Services Department for intellectual
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(L) New or increased fees that are antici-
pated in the legislative budgeting process for
an agency, revenues from which are included,
explicitly or implicitly, in the legislatively
adopted budget or the legislatively approved
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305.385 Agencies to supply licensee
and contractor lists; contents; effect of
department determination on taxpayer
status of licensee or contractor; rules. (1)
Upon request of the Department of Revenue,
an agency issuing or renewing a license to
conduct a business, trade or profession shall
annually, on or before March 1, supply the
GHSDUWPHQWZLWKDOLVWRIVSHFLÀHGOLFHQVHV
issued or renewed by the agency during the
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(2) Upon request of the department, an
 Q &RQYHQLHQFH IHHV DV GHÀQHG LQ 256 agency shall annually, on or before March 1,
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(3)(a) Fees temporarily decreased for com-
petitive or promotional reasons or because of
unexpected and temporary revenue surpluses
may be increased to not more than their prior
level without compliance with subsection (1) of
this section if, at the time the fee is decreased,
persons contracting with the agency to pro-
vide goods, services or real estate space to the
DJHQF\GXULQJWKHSUHFHGLQJFDOHQGDU\HDU
(3) The lists required by subsections (1)
and (2) of this section shall contain the name,
address, Social Security or federal employer
LGHQWLÀFDWLRQ QXPEHU RI HDFK OLFHQVHH RU
provider or such other information as the
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(A) The reason for the fee decrease; and
(B) The conditions under which the fee will
EHLQFUHDVHGWRQRWPRUHWKDQLWVSULRUOHYHO
(b) Fees that are decreased for reasons other
than those described in paragraph (a) of this
subsection may not be subsequently increased
H[FHSWDVDOORZHGE\256WR
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licensee or provider has neglected or refused
WRÀOHDQ\UHWXUQRUWRSD\DQ\WD[DQGWKDW
VXFKSHUVRQKDVQRWÀOHGLQJRRGIDLWKDSHWL-
tion before the department contesting the tax,
and the department has been unable to obtain
payment of the tax through other methods of
collection, the Director of the Department of
5HYHQXHPD\QRWZLWKVWDQGLQJ256
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of law, notify the agency and the person in
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(b) Upon receipt of such notice, the agency
shall refuse to reissue, renew or extend any
license, contract or agreement until the agency

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

UHFHLYHVDFHUWLÀFDWHLVVXHGE\WKHGHSDUW- space provided under the contract is no more

ment that the person is in good standing with WKDQ
respect to any returns due and taxes payable to  D7KHUHTXLUHPHQWVRIWKHFHUWLÀFDWLRQ
WKHGHSDUWPHQWDVRIWKHGDWHRIWKHFHUWLÀFDWH
(c) Upon the written request of the director
and after a hearing and notice to the licensee
as required under any applicable provision
of law, the agency shall suspend the person’s
XQGHUVXEVHFWLRQRIWKLVVHFWLRQVKDOOEH
subject to the rules adopted by the department
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(b) The department may by rule exempt
certain contracts from the requirements of
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WD[HVKDYHQRWEHHQÀOHGRUSDLGDQGWKDWWKH
OLFHQVHHKDVQRWÀOHGLQJRRGIDLWKDSHWLWLRQ
before the department contesting the tax and
the department has been unable to obtain
payment of the tax through other methods of
FROOHFWLRQ)RUWKHSXUSRVHRIWKHDJHQF\·VÀQG-
ings, the written representation to that effect
by the department to the agency shall consti-
tute prima facie evidence of the person’s failure
WRÀOHUHWXUQVRUSD\WKHWD[7KHGHSDUWPHQW
shall have the right to intervene in any license
VXVSHQVLRQSURFHHGLQJ
(d) Any license suspended under this sub-
section shall not be reissued or renewed until
WKHDJHQF\UHFHLYHVDFHUWLÀFDWHLVVXHGE\WKH
department that the licensee is in good stand-
ing with respect to any returns due and taxes
payable to the department as of the date of the
FHUWLÀFDWH
(5) The department may enter into an
installment payment agreement with a
licensee or provider with respect to any unpaid
WD[SHQDOW\DQGLQWHUHVW7KHDJUHHPHQWVKDOO
provide for interest on the outstanding amount
DWWKHUDWHSUHVFULEHGE\2567KH
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Chapter 308
ASSESSMENT OF MOBILE
HOMES FOR TAXATION
308.865 Notice and payment of taxes
before movement of mobile modular unit.
(1) A person may not move a mobile modular
unit to a new situs within the same county or
RXWVLGHWKHFRXQW\XQWLOWKHSHUVRQKDV
(a) Given notice of the move to the county
tax collector; and
(b) Paid all property taxes and special
assessments for the current tax year and all
outstanding delinquent property taxes and
VSHFLDODVVHVVPHQWVIRUDOOSDVWWD[\HDUV
(2) Upon receiving notice of a move, the
county tax collector shall send copies of the
notice to the county assessor and the Depart-
PHQWRI7UDQVSRUWDWLRQ
of good standing pursuant to subsection (4)(b)  ,QFRPSXWLQJWD[HVDQGVSHFLDODVVHVV-
and (d) of this section which shall remain in ments on a mobile modular unit that will
effect so long as the licensee or provider fully EHFRPHGXHWKHIROORZLQJDSSO\
complies with the terms of the installment
DJUHHPHQW)DLOXUHE\WKHOLFHQVHHRUSURYLGHU
to fully comply with the terms of the install-
ment agreement shall render the agreement
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null and void, unless the department deter-
 D,IWKHDVVHVVRUFDQFRPSXWHWKHH[DFW
amount of taxes, special assessments, fees and
charges, the assessor is authorized to levy and
the tax collector is authorized to collect such
DPRXQW
mines that the failure was due to reasonable
FDXVH,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH
failure was not due to reasonable cause, the
total amount of the tax, penalty and interest
shall be immediately due and payable, and the
department shall notify any affected agency
that the licensee or provider is not in good
VWDQGLQJ7KHDJHQF\VKDOOWKHQWDNHDSSUR-
 E,IWKHDVVHVVRULVXQDEOHWRFRPSXWHVXFK
amount at such time, the owner shall either
pay an amount computed using the value then
on the assessment roll for the mobile modular
unit or that value which next would be used
on an assessment roll and the assessor’s best
estimate of taxes, special assessments, fees
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priate action under subsection (4)(b) and (d) of  F256DSSOLHVWRDOOWD[HVFROOHFWHG
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 1RFRQWUDFWRURWKHUDJUHHPHQWIRUWKH
purpose of providing goods, services or real
estate space to any agency shall be entered
into, renewed or extended with any person,
XQOHVVWKHSHUVRQFHUWLÀHVLQZULWLQJXQGHU
penalty of perjury, that the person is, to the
best of the person’s knowledge, not in violation
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Note
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RIDQ\WD[ODZVGHVFULEHGLQ256 Legislative Assembly but were not added to or
 7KHFHUWLÀFDWLRQXQGHUVXEVHFWLRQRI
this section shall be required for each contract
and renewal or extension of a contract or may
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shall not be required for a contract if the con-
sideration for the goods, services or real estate
made a part of ORS chapter 308 by legislative
DFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDWXWHV
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308.880 Travel or special use trailer
eligible for ad valorem taxation upon
application of owner. (1) The owner of any

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
WUDYHOWUDLOHUGHVFULEHGLQ256WKDW
is being used either as a permanent home or
for other than recreational purposes may apply
to the assessor in the county in which it has
situs to have the travel trailer assessed for ad
YDORUHPWD[DWLRQ,IWKHDVVHVVRUGHWHUPLQHV
that the travel trailer is being used either as a
permanent home or for other than recreational
uses, the assessor shall place the travel trailer
on the assessment and tax rolls the same as if
LWZHUHDPDQXIDFWXUHGVWUXFWXUH7KHDVVHV-
sor shall accept the travel trailer plate for the
vehicle and return the plate to the Department
of Transportation, and shall, as appropriate,
record the travel trailer in the county deed
records or assist in obtaining an ownership
document for the travel trailer under ORS
 $Q\ WUDYHO WUDLOHU SODFHG RQ WKH
assessment and tax rolls under this section is
considered a manufactured structure for all
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 3XUSRVHVRIWUDIÀFVDIHW\HGX-
cation course. $ WUDIÀF VDIHW\ HGXFDWLRQ
course shall be conducted in order to facilitate
the policing of the streets and highways of this
state and to reduce the direct cost thereof by
educating youthful drivers in safe and proper
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 6FKRROFRXUVHLQWUDIÀFVDIHW\
education; tuition. (1) Any private school,
public school, commercial driver training
VFKRRORUFRXQW\PD\RIIHUDFRXUVHLQWUDIÀF
safety education and charge tuition for the
FRXUVH7KHFXUULFXOXPIRUWKHWUDIÀFVDIHW\
education course shall be established by the
Department of Transportation under ORS

SXUSRVHV
(2) The owner of any special use trailer
GHVFULEHGLQ256WKDWLVHLJKWDQG
one-half feet or less in width may apply to the
assessor of the county in which it has situs to
have the special use trailer assessed for ad
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that the special use trailer is eight and one-
half feet or less in width and is permanently
 $SXEOLFVFKRROPD\RIIHUDWUDIÀFVDIHW\
education course to private school pupils or to
pupils in neighboring public schools that do
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course to private school pupils or to pupils in
neighboring public schools shall adopt written
policies and procedures for the admission of the
SXSLOV
situated in one place, the assessor shall place
the special use trailer on the assessment and
tax rolls in the same way as if it were a man-
XIDFWXUHGVWUXFWXUH7KHDVVHVVRUVKDOODFFHSW
any special use trailer plate for the vehicle and
return the plate to the Department of Trans-
portation, and shall, as appropriate, record the
special use trailer in the county deed records or
assist in obtaining an ownership document for
WKHVSHFLDOXVHWUDLOHUXQGHU256$Q\
special use trailer placed on the assessment
and tax rolls under this section is considered a
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Chapter 336
STUDENT DRIVER TRAINING
 'HÀQLWLRQVIRU256WR
336.820. $VXVHGLQ256WR
XQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH (2) The department shall adopt by rule a
 $SHUVRQHPSOR\HGWRWHDFKDWUDIÀF
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tions established by the department under ORS
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 7UDIÀFVDIHW\HGXFDWLRQFRXUVH
curriculum; rules. (1) The Department of
Transportation, in consultation with the
Transportation Safety Committee, shall
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HGXFDWLRQFRXUVHXQGHU2567KH
curriculum shall establish standards for
a course of instruction to be devoted to the
study and practice of rules of the road, the
safe and proper operation of motor vehicles,
accident prevention and other matters that
promote safe and lawful driving habits and
UHGXFHWKHQHHGIRULQWHQVLYHKLJKZD\SROLFLQJ
The course shall include classroom instruction
and on-street driving or simulated driving in
DGULYLQJVLPXODWRU1RSXSLOPD\SDUWLFLSDWH
in on-street driving instruction unless the
pupil is enrolled in or has completed a course
LQFODVVURRPLQVWUXFWLRQ
SURFHGXUHWRFHUWLI\WKDWDWUDIÀFVDIHW\HGX-
  ´&RPPHUFLDO GULYHU WUDLQLQJ VFKRROµ cation course meets curriculum standards
means a school operated by a person issued a
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by the Department of Transportation under
256
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(3) The department shall adopt rules estab-
OLVKLQJTXDOLÀFDWLRQVIRUDSHUVRQWRWHDFKD
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 ´3ULYDWHVFKRROµPHDQVDSULYDWHRUSDUR-
FKLDOKLJKVFKRRO (4) The department shall adopt rules neces-
VDU\WRDGPLQLVWHU256DQG
 ´3XEOLFVFKRROµPHDQVDFRPPRQRUXQLRQ
high school district, education service district,
a community college district and the Oregon
6FKRROIRUWKH'HDI>)RUPHUO\
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lative action but were not added to any smaller

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG (4) A public school, commercial driver train-

6WDWXWHVIRUIXUWKHUH[SODQDWLRQ ing school or county seeking reimbursement
 8QDYDLODELOLW\RIWUDIÀFVDIHW\ under this section may not charge tuition in
education course. ,IWKH'HSDUWPHQWRI DQDPRXQWWKDWLVJUHDWHUWKDQ
7UDQVSRUWDWLRQGHWHUPLQHVWKDWDWUDIÀFVDIHW\ (a) For a public school or county, the cost
education course is not available to the inhab- to the public school or county of providing the
LWDQWVRIDVSHFLÀFJHRJUDSKLFDUHDZLWKLQWKLV WUDIÀFVDIHW\HGXFDWLRQFRXUVHOHVVWKHVWDWH
state, the department may offer incentives for UHLPEXUVHPHQW
providers to offer courses to inhabitants of the (b) For a commercial driving school, an
DUHDLQFOXGLQJ DPRXQWGHWHUPLQHGE\WKHGHSDUWPHQWE\UXOH
(a) Waiver of conditions and requirements
that are otherwise applicable to providers for
the purposes of courses offered to inhabitants
of the area; and
(b) Reimbursement rates that are higher
WKDQWKRVHSURYLGHGIRULQ256IRU
FRXUVHVRIIHUHGWRLQKDELWDQWVRIWKHDUHD
 (DFKSXEOLFVFKRROFRPPHUFLDOGULYHU
training school or county seeking reimburse-
ment under this section must keep accurate
UHFRUGVRIWKHFRVWRIWKHWUDIÀFVDIHW\HGX-
cation course in the manner required under
rules adopted by the department under ORS
>)RUPHUO\F†
 ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWDWUDI-
ÀFVDIHW\HGXFDWLRQFRXUVHZLOOQRWEHDYDLODEOH
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within this state despite any incentives offered
under subsection (1) of this section, the depart-
PHQWPD\SURYLGHDWUDIÀFVDIHW\HGXFDWLRQ
course in the area, or contract with any public
or private entity to provide the course on behalf
F†F†F†
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336.807 Reimbursement to Department
of Human Services. (1) The Department of
Transportation shall reimburse the Depart-
ment of Human Services for the cost of
SURYLGLQJDFRXUVHRIWUDIÀFVDIHW\HGXFDWLRQ
WKDWLV
RIWKHGHSDUWPHQWZLWKLQWKHDUHD7KHFRVWV
RISURYLGLQJDWUDIÀFVDIHW\HGXFDWLRQFRXUVH
under this subsection shall be paid from the
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 D&HUWLÀHGE\WKH'HSDUWPHQWRI7UDQV-
portation; and
(b) Provided to children in the legal custody
of the Department of Human Services under
256%DQGLQIRVWHUKRPHVDVGHÀQHG
336.805 Reimbursement to course pro-
vider; limitations on tuition; rules. (1) The
Department of Transportation shall reimburse
a public school, commercial driver training
school or county for the cost of providing a traf-
ÀFVDIHW\HGXFDWLRQFRXUVHWKDWLVFHUWLÀHGE\
WKHGHSDUWPHQW([FHSWDVSURYLGHGLQVXEVHF-
E\256
(2) Reimbursement may be provided under
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(a) The course is used to comply with the
requirements for a provisional driver license
LVVXHGXQGHU256
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amount of the reimbursement may not exceed
$210 for each pupil completing the course and
shall be made in the manner provided by ORS

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safety education; and
(c) The pupil complies with any other
requirements established by the Department
RI+XPDQ6HUYLFHVE\UXOH
 ,IDSXEOLFVFKRROFRPPHUFLDOGULYHU
training school or county that provides a
WUDIÀFVDIHW\HGXFDWLRQFRXUVHFHUWLÀHGE\WKH
department offers reduced tuition based on the
income of the pupil or of the pupil’s family, the
department may reimburse the provider for
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establish one or more levels of reduced tuition,
eligibility criteria for receiving reduced tuition
and conditions for receiving reimbursement
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reimbursement under this subsection must
give notice of the availability of reduced tuition
based on income, in all advertisements and
printed informational material for the course
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(3) Reimbursements made under this section
must be made in the manner provided by ORS
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See Preface to Oregon Revised Statutes for
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336.810 Student Driver Training Fund.
(1) There is created the Student Driver Train-
ing Fund, separate and distinct from the
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incurred in the administration of those sec-
 ,IIXQGVDYDLODEOHWRWKHGHSDUWPHQWIRU
the Student Driver Training Fund are not
adequate to pay all approved claims in full,
public schools, commercial driver training
schools and counties shall receive a pro rata
reimbursement that is based upon the ratio
that the total amount of funds available bears
to the total amount of funds required for max-
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Miscellaneous Laws 3DJH
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(2) The Department of Transportation shall
annually distribute the funds available in the
Student Driver Training Fund in the manner
SURYLGHGLQ256DQG
(2015 Edition)
 MISCELLANEOUS LAWS
(3) The department shall make periodic
studies to determine the effectiveness of traf-
ÀFVDIHW\HGXFDWLRQFRXUVHVFRQGXFWHGXQGHU
DXWKRULW\RI256WR>)RU-
PHUO\F†F†@
336.815 Contract with commercial
driver training school. Any public school or
county may contract with a commercial driver
training school for the instruction of students
HQUROOHGLQDWUDIÀFVDIHW\HGXFDWLRQFRXUVH
>)RUPHUO\F†F
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(c) Children who have received a high school
GLSORPD
(d) Children being taught for a period equiv-
alent to that required of children attending
public schools by a private teacher the courses
of study usually taught in kindergarten
WKURXJKJUDGHLQWKHSXEOLFVFKRRO
(e) Children being educated in the children’s
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(f) Children excluded from attendance as
SURYLGHGE\ODZ
336.820 Sanctions for violation of ORS
336.790 to 336.820. (1) The Department of
Transportation may impose sanctions against
WKHSURYLGHURIDWUDIÀFVDIHW\HGXFDWLRQFRXUVH
FHUWLÀHGXQGHU256LIWKHGHSDUWPHQW
determines that the provider has violated any
SURYLVLRQRI256WRRUDQ\
rule adopted by the department under ORS
WR
(2) Sanctions that may be imposed under
WKLVVHFWLRQLQFOXGHEXWDUHQRWOLPLWHGWR who is an emancipated minor or who has ini-
(a) A warning;
(b) Reduction or denial of reimbursement
XQGHU256DQG
 7KH6WDWH%RDUGRI(GXFDWLRQDQGWKH
+LJKHU(GXFDWLRQ&RRUGLQDWLQJ&RPPLVVLRQ
by rule shall establish procedures whereby, on
a semiannual basis, an exemption from compul-
sory attendance may be granted to the parent
RUOHJDOJXDUGLDQRIDQ\FKLOGRU\HDUVRI
age who is lawfully employed full-time or who
is lawfully employed part-time and enrolled in
school, a community college or an alternative
HGXFDWLRQSURJUDPDVGHÀQHGLQ256
An exemption also may be granted to any child
tiated the procedure for emancipation under
256%WR%>$PHQGHGE\
F†F†F†
F†F†F†
 F6XVSHQVLRQRUUHYRFDWLRQRIFHUWLÀFDWLRQ
XQGHU256
(3) For the purpose of deciding appropriate
sanctions under this section, the department
may consider the severity of the violation, the
impact of the violation on pupils and public
safety, the number of similar or related vio-
lations by the provider, whether the violation
was willful and the history of prior sanctions
LPSRVHGDJDLQVWWKHSURYLGHU
F†F†F†
F†F†F†
F†F†@
Note7KHDPHQGPHQWVWRE\VHF-
tion 3, chapter 234, Oregon Laws 2015, take
HIIHFW-XO\6HHVHFWLRQFKDSWHU
2UHJRQ/DZV7KHWH[WWKDWLVHIIHFWLYH
XQWLO-XO\LVVHWIRUWKIRUWKHXVHU·V
FRQYHQLHQFH
(4) Sanctions under this section are in addi-
WLRQWRDQ\RWKHUSHQDOW\SURYLGHGE\ODZ>
F†@
Chapter 339
SCHOOL ATTENDANCE; TUITION;
DISCIPLINE; SAFETY
Compulsory School Attendance
339.030 Exemptions from compulsory
339.030,QWKHIROORZLQJFDVHVFKLOGUHQ
may not be required to attend public full-time
VFKRROV
(a) Children being taught in a private or
parochial school in the courses of study usually
taught in grades 1 through 12 in the public
schools and in attendance for a period equiv-
alent to that required of children attending
SXEOLFVFKRROVLQWKHVFKRRO\HDU
(b) Children proving to the satisfaction of the
district school board that they have acquired
equivalent knowledge to that acquired in the
courses of study taught in grades 1 through 12
LQWKHSXEOLFVFKRROV
school attendance; rules. ,QWKHIROORZ-
ing cases, children may not be required to
DWWHQGSXEOLFIXOOWLPHVFKRROV
(a) Children being taught in a private or
parochial school in the courses of study usually
taught in kindergarten through grade 12 in the
public schools and in attendance for a period
equivalent to that required of children attend-
LQJSXEOLFVFKRROVLQWKHVFKRRO\HDU
(b) Children proving to the satisfaction of the
district school board that they have acquired
equivalent knowledge to that acquired in
(c) Children who have received a high school
GLSORPD
(d) Children being taught for a period equiv-
alent to that required of children attending
public schools by a private teacher the courses
of study usually taught in grades 1 through 12
LQWKHSXEOLFVFKRRO
(e) Children being educated in the children’s
KRPHE\DSDUHQWRUOHJDOJXDUGLDQ
(f) Children excluded from attendance as
SURYLGHGE\ODZ
the courses of study taught in kindergarten  7KH6WDWH%RDUGRI(GXFDWLRQDQGWKH
WKURXJKJUDGHLQWKHSXEOLFVFKRROV +LJKHU(GXFDWLRQ&RRUGLQDWLQJ&RPPLVVLRQ
by rule shall establish procedures whereby,

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

on a semiannual basis, an exemption from
compulsory attendance may be granted to the
SDUHQWRUOHJDOJXDUGLDQRIDQ\FKLOGRU
years of age who is lawfully employed full-time,
lawfully employed part-time and enrolled in
school, a community college or an alternative
HGXFDWLRQSURJUDPDVGHÀQHGLQ256
An exemption also may be granted to any child
who is an emancipated minor or who has ini-
tiated the procedure for emancipation under
256%WR%
339.035 Teaching by private teacher,
parent or guardian; rules. (1) As used in
WKLVVHFWLRQ´HGXFDWLRQVHUYLFHGLVWULFWµPHDQV
the education service district that contains the
VFKRROGLVWULFWRIZKLFKWKHFKLOGLVDUHVLGHQW
(2) When a child is taught or is withdrawn
from a public school to be taught by a parent,
legal guardian or private teacher, as provided
LQ256WKHSDUHQWOHJDOJXDUGLDQ
or private teacher must notify the education
VHUYLFHGLVWULFWLQZULWLQJ,QDGGLWLRQZKHQD
child who is taught by a parent, legal guardian
or private teacher moves to a new education
service district, the parent, legal guardian or
private teacher shall notify the new education
VHUYLFHGLVWULFWLQZULWLQJ7KHHGXFDWLRQVHU-
vice district shall acknowledge receipt of any
QRWLÀFDWLRQLQZULWLQJ
(3) Children being taught as provided in sub-
section (2) of this section shall be examined at
grades 3, 5, 8 and 10 in accordance with the
IROORZLQJSURFHGXUHV exceed 12 consecutive months as determined
 E,IWKHFRPSRVLWHWHVWVFRUHRIWKHFKLOG
on the second examination shows a declining
score, then the child shall be given an addi-
tional examination within one year of when
the second examination was administered and
the superintendent of the education service
GLVWULFWPD\
(A) Allow the child to continue to be taught
by a parent, legal guardian or private teacher;
or
(B) Place the education of the child under
the supervision of a person holding a teaching
license who is selected by the parent or legal
guardian at the expense of the parent or legal
JXDUGLDQ,IWKHFRPSRVLWHWHVWVFRUHRIWKH
child continues to show a declining score, the
superintendent of the education service district
PD\
(i) Allow the child to continue under the
educational supervision of a licensed teacher
selected by the parent or legal guardian and
require that the child be given an additional
examination within one year of when the last
examination was administered;
(ii) Allow the child to be taught by a parent,
legal guardian or private teacher and require
that the child be given an additional exam-
ination within one year of when the last
examination was administered; or
(iii) Order the parent or legal guardian
to send the child to school for a period not to
E\WKHVXSHULQWHQGHQW
 D7KH6WDWH%RDUGRI(GXFDWLRQVKDOODGRSW
by rule a list of approved comprehensive exam-
LQDWLRQVWKDWDUHUHDGLO\DYDLODEOH
(b)(A) The parent or legal guardian shall
select an examination from the approved list
and arrange to have the examination admin-
LVWHUHG WR WKH FKLOG E\ D TXDOLÀHG QHXWUDO
SHUVRQDVGHÀQHGE\UXOHE\WKH6WDWH%RDUG
RI(GXFDWLRQ
 F,IWKHSDUHQWRUOHJDOJXDUGLDQRIWKH
child does not consent to placing the educa-
tion of the child under the supervision of a
licensed teacher who is selected by the parent
or legal guardian, then the superintendent of
the education service district may order the
child to return to school for a period not to
exceed 12 consecutive months as determined
E\WKHVXSHULQWHQGHQW
 %,IWKHFKLOGZDVZLWKGUDZQIURPSXEOLF
VFKRROWKHÀUVWH[DPLQDWLRQVKDOOEHDGPLQLV-
tered to the child at least 18 months after the
date on which the child was withdrawn from
SXEOLFVFKRRO
 G,IWKHFRPSRVLWHWHVWVFRUHRIWKHFKLOG
on an examination is equal to or greater than
the percentile score on the prior test, the child
may be taught by a parent, legal guardian or
private teacher and for the next examination
 &,IWKHFKLOGQHYHUDWWHQGHGSXEOLFRU be examined pursuant to paragraph (a) of this
SULYDWHVFKRROWKHÀUVWH[DPLQDWLRQVKDOOEH
administered to the child prior to the end of
JUDGHWKUHH
(c) The person administering the examina-
WLRQVKDOO with a disability who has an individualized
(A) Score the examination; and
(B) Report the results of the examination to
WKHSDUHQWRUOHJDOJXDUGLDQ
(d) Upon request of the superintendent of
the education service district, the parent or
legal guardian shall submit the results of the
H[DPLQDWLRQWRWKHHGXFDWLRQVHUYLFHGLVWULFW
VXEVHFWLRQRUVXEVHFWLRQRIWKLVVHFWLRQ
(5)(a) Notwithstanding the examination
requirements of subsections (3) and (4) of this
section, the parent or legal guardian of a child
education program and is receiving special
education and related services through the
school district or who is being educated in
accordance with a privately developed plan
shall be evaluated for satisfactory educational
progress according to the recommendations of
WKHSURJUDPRUSODQ
(b) The parent or legal guardian of a child
 D,IWKHFRPSRVLWHWHVWVFRUHRIWKHFKLOG
places the child below the 15th percentile based
on national norms, the child shall be given
an additional examination within one year of
ZKHQWKHÀUVWH[DPLQDWLRQZDVDGPLQLVWHUHG
with a disability who was evaluated by service
providers selected by the parent or legal guard-
ian based on a privately developed plan shall
submit a report of such evaluation to the educa-
tion service district in lieu of the examination

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

results required by subsections (3) and (4) of UHFHLYHDVPRQH\VSHFLÀFDOO\WREHXVHGIRU

WKLVVHFWLRQ SD\PHQWRIVXFKWXLWLRQ
(c) A child with a disability described in this (b) As used in this subsection, “low-income
subsection may not be subject to the exam- IDPLO\µPHDQVDIDPLO\ZKRVHFKLOGUHQTXDOLI\
ination requirements of subsections (3) and for free or reduced price school meals under a
(4) of this section unless the examination is federal program, including but not limited to
recommended in the program or plan in effect the National School Lunch Act and the Child
IRUWKHFKLOG>F†F† 1XWULWLRQ$FWRIDQGDOOWKHLUVXEVHTXHQW
F†DF†F†@ DPHQGPHQWV
(2) A family that does not qualify under
Tuition and Fees
subsection (1) of this section but believes the
339.141 Tuition prohibited for regular payment of school tuition is a severe hardship
school program; other programs. (1) For may request the district school board or public
WKHSXUSRVHVRIWKLVVHFWLRQ charter school to waive in whole or in part the
SD\PHQWRIVXFKWXLWLRQ
 D´3XEOLFFKDUWHUVFKRROµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256 (3) Any parent or guardian who believes
that payment of any fee authorized under ORS
 E´5HJXODUVFKRROSURJUDPµPHDQVWKHUHJ- LVDVHYHUHKDUGVKLSPD\UHTXHVWWKH
ular curriculum that is provided in the schools district school board or public charter school
of the school district, including public charter to waive payment of the fee and the board or
VFKRROVDQGWKDWLVSURYLGHG public charter school shall waive in whole or in
(A) As required full-day sessions in grades SDUWWKHIHHXSRQDÀQGLQJRIKDUGVKLS&RQVLG-
1 through 12; HUDWLRQVKDOOEHJLYHQWRDQ\IXQGVVSHFLÀFDOO\
available to the parent, guardian or child for
(B) As required half-day sessions in kin- WKHSD\PHQWRIIHHVRURWKHUVFKRROH[SHQVHV
dergarten or as optional full-day sessions in
kindergarten; and (4) No district school board or public charter
school shall impose or collect fees authorized
(C) During the hours and months when the XQGHU256IURPDQ\VWXGHQWZKRLV
schools of the school district or public char- a ward of a juvenile court or of the Oregon
ter schools are normally in operation, except Youth Authority or the Department of Human
VXPPHUVHVVLRQVRUHYHQLQJVHVVLRQV Services unless funds are available therefor in
 F´7XLWLRQµPHDQVSD\PHQWIRUWKHFRVWRI WKHFRXUW·VDXWKRULW\·VRUGHSDUWPHQW·VEXGJHW
instruction and does not include fees autho- (5) No district school board or public charter
UL]HGXQGHU256 school is required to waive any fee imposed
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI XQGHU256DRUG>)RUPHUO\
this section, district school boards and public F†F†
charter schools may establish tuition rates F†@
to be paid by pupils receiving instruction in
educational programs, classes or courses of Student Conduct and Discipline
VWXG\LQFOXGLQJWUDIÀFVDIHW\HGXFDWLRQZKLFK
DUHQRWDSDUWRIWKHUHJXODUVFKRROSURJUDP 339.254 Suspension of student driving
Tuition charges, if made, shall not exceed the privileges; policy content. (1) A school dis-
estimated cost to the district or public char- trict board may establish a policy regarding
ter school of furnishing the program, class or when a school superintendent or the board
FRXUVHRIVWXG\ PD\ÀOHZLWKWKH'HSDUWPHQWRI7UDQVSRUWD-
tion a written request to suspend the driving
 ([FHSWDVSURYLGHGLQ256IRU privileges of a student or the right to apply for
WUDIÀFVDIHW\HGXFDWLRQ GULYLQJSULYLOHJHV6XFKSROLF\VKDOOLQFOXGH
(a) No tuition shall be charged to any res- (a) A provision authorizing the superinten-
ident pupil regularly enrolled in the regular GHQWRUWKHVFKRROGLVWULFWERDUGWRÀOHZLWK
school program for special instruction received the Department of Transportation a written
DWDQ\WLPHLQFRQQHFWLRQWKHUHZLWK request to suspend the driving privileges of a
(b) No program, class or course of study for student or the right to apply for driving privi-
which tuition is charged, except courses of leges only if the student is at least 15 years of
study beyond the 12th grade, shall be eligible DJHDQG
IRUUHLPEXUVHPHQWIURPVWDWHIXQGV>)RUPHUO\ (A) The student has been expelled for bring-
F†F† ing a weapon to school;
F†@
(B) The student has been suspended or
339.147 W hen tuition authorized; expelled at least twice for assaulting or men-
waiver of tuition and fees. (1)(a) Notwith- acing a school employee or another student, for
VWDQGLQJ256QRGLVWULFWVFKRROERDUG willful damage or injury to school property or
RUSXEOLFFKDUWHUVFKRRODVGHÀQHGLQ256 for use of threats, intimidation, harassment or
VKDOOUHTXLUHWXLWLRQIRUFRXUVHVQRW coercion against a school employee or another
part of the regular school program, except for student; or
WUDIÀFVDIHW\HGXFDWLRQIURPDSXSLOZKRLVD
member of a low-income family in an amount (C) The student has been suspended or
in excess of what the low-income family may expelled at least twice for possessing, using or
delivering any controlled substance or for being

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
XQGHUWKHLQÁXHQFHRIDQ\FRQWUROOHGVXEVWDQFH
at a school or on school property or at a school
VSRQVRUHGDFWLYLW\IXQFWLRQRUHYHQW
(b) A provision requiring the school superin-
tendent to meet with the parent or guardian of
the student before submitting a written request
WRWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(c) A provision authorizing the school super-
intendent or board to request that the driving
privileges of the student or the right to apply
for driving privileges be suspended for no more
WKDQRQH\HDU
(d) Notwithstanding paragraph (c) of this
subsection, a provision stating that, if a school
VXSHULQWHQGHQWRUWKHVFKRROGLVWULFWERDUGÀOHV
a second written request with the Department
of Transportation to suspend the driving priv-
ileges of a student, the request is that those
privileges be suspended until the student is 21
\HDUVRIDJH
 
the policy shall be the same as those described
in subsection (2) of this section for a school
GLVWULFWERDUG>F†F†@
6FKRRO7UDIÀF3DWUROV
 ´7UDIÀFSDWUROµGHÀQHGIRU256
339.650 to 339.665. $VXVHGLQ256
WR´WUDIÀFSDWUROµPHDQVRQHRUPRUH
individuals appointed by a public, private or
parochial school to protect pupils in their
crossing of streets or highways on their way
to or from the school by directing the pupils
RUE\FDXWLRQLQJYHKLFOHRSHUDWRUV>)RUPHUO\
@
  7UDIÀF SDWUROV DXWKRUL]HG
PHGLFDOEHQHÀWVUXOHV(1) A district school
board may do all things necessary, including
the expenditure of district funds, to organize,
VXSHUYLVHFRQWURORURSHUDWHWUDIÀFSDWUROV$
district school board may make rules relating
WRWUDIÀFSDWUROVZKLFKDUHFRQVLVWHQWZLWK
(e) A provision that a student may appeal the
decision of a school superintendent regarding
driving privileges of a student under the due
process procedures of the school district for
VXVSHQVLRQVDQGH[SXOVLRQV
UXOHVXQGHU256
(2) The establishment, maintenance and
RSHUDWLRQRIDWUDIÀFSDWUROGRHVQRWFRQVWLWXWH
negligence on the part of any school district or
VFKRRODXWKRULW\
 ,IWKHGULYLQJSULYLOHJHVRIDVWXGHQW
are suspended, the student may apply to the
Department of Transportation for a hardship
GULYHUSHUPLWXQGHU256>F
†F†F†@
339.257 Documentation of enrollment
status for students applying for driving
SULYLOHJHVQRWLÀFDWLRQRIVWXGHQWZLWK-
drawal from school to Department of
Transportation. (1) The principal or a des-
ignee of the principal of a secondary school
(3) A district school board may provide med-
ical or hospital care for an individual who is
injured or disabled while acting as a member
RIDWUDIÀFSDWURO>)RUPHUO\@
 5XOHVRQWUDIÀFSDWUROVHOLJL-
bility; authority. (1) To promote safety the
6WDWH%RDUGRI(GXFDWLRQDIWHUFRQVXOWDWLRQ
with the Department of Transportation and
the Department of State Police, shall make
UXOHVUHODWLQJWRWUDIÀFSDWUROV
shall provide documentation of enrollment
status on a form provided by the Department
of Transportation to any student at least 15
years of age and under 18 years of age who is
properly enrolled in the school, whose driving
SULYLOHJHVDUHVXVSHQGHGXQGHU256
(3) and who needs the documentation in order
 $PHPEHURIDWUDIÀFSDWURO
(a) Shall be at least 18 years of age unless
the parent or guardian of the member of the
WUDIÀFSDWUROKDVFRQVHQWHGLQZULWLQJWRVXFK
membership and ceases to be a member if such
FRQVHQWLVUHYRNHG
to apply for issuance or reinstatement of driv-
LQJSULYLOHJHV7KHIRUPVKDOOEHDYDLODEOHDW
WKHDGPLQLVWUDWLYHRIÀFHVRIWKHVFKRROGLVWULFW
for a student who applies for issuance or rein-
statement of driving privileges during school
KROLGD\V
(2) A school district board may establish
a policy authorizing the superintendent of
the school district or the board to notify the
 E0D\GLVSOD\DEDGJHPDUNHG´WUDIÀF
SDWUROµZKLOHVHUYLQJDVDPHPEHU
(c) May display a directional sign or signal in
cautioning drivers where students use a school
crosswalk of the driver’s responsibility to obey
256>)RUPHUO\@
339.665 Intergovernmental cooperation
and assistance in connection with traf-
department of the withdrawal from school of
a student who is at least 15 years of age and
XQGHU\HDUVRIDJH)RUSXUSRVHVRIWKLV
subsection, a student shall be considered to
have withdrawn from school after more than 10
consecutive school days of unexcused absences
or 15 school days total of unexcused absences
GXULQJDVLQJOHVHPHVWHU$SROLF\DGRSWHG
under this subsection shall include a provi-
sion allowing a student to appeal a decision
WRQRWLI\WKHGHSDUWPHQW
(3) The governing body of a private school
may establish a policy authorizing a represen-
tative of the school to notify the department of a
VWXGHQW·VZLWKGUDZDO7HUPVDQGFRQGLWLRQVRI
Miscellaneous Laws 3DJH
ÀFSDWUROV7KH'HSDUWPHQWRI(GXFDWLRQ
and the Department of Transportation shall
cooperate with any public, private or parochial
school in the organization, supervision, control
DQGRSHUDWLRQRILWVWUDIÀFSDWURO
(2) The Department of State Police, the sher-
iff of each county or the police of each city may
assist any public, private or parochial school in
the organization, supervision, control or oper-
DWLRQRILWVWUDIÀFSDWURO>)RUPHUO\@
(2015 Edition)
 MISCELLANEOUS LAWS

Chapter 366 VHFWLRQ,QGHVLJQLQJWKHVWXG\WKHGHSDUWPHQW

STATE HIGHWAY
State Highway Fund
366.505 Composition and use of high-
way fund. (1) The State Highway Fund shall
FRQVLVWRI (3) The department may appoint a study
(a) All moneys and revenues derived under
may make decisions that include, but are not
limited to, the methodology to be used for the
study, what constitutes a class of vehicle for
purposes of collection of data under subsec-
tions (1) to (4) of this section and the nature
and scope of costs that will be included in the
VWXG\
review team to participate in the study or
examination of data required by subsection
and by virtue of the sale of bonds, the sale of
which is authorized by law and the proceeds
WKHUHRIWREHGHGLFDWHGWRKLJKZD\SXUSRVHV
(b) All moneys and revenues accruing from
the licensing of motor vehicles, operators and
FKDXIIHXUV
(c) Moneys and revenues derived from any
tax levied upon gasoline, distillate, liberty fuel
RURWKHUYRODWLOHDQGLQÁDPPDEOHOLTXLGIXHOV
except moneys and revenues described in ORS
RIWKLVVHFWLRQ7KHWHDPPD\SHUIRUPDQ\
functions assigned by the department, includ-
ing but not limited to consulting on the design
RIWKHVWXG\
(4) A report on the results of the study or
examination of data shall be submitted to the
legislative revenue committees and the legisla-
tive committees with primary responsibility for
transportation by January 31 of each odd-num-
EHUHG\HDU
DWKDWEHFRPHSDUWRIWKH'HSDUW-
PHQWRI7UDQVSRUWDWLRQ2SHUDWLQJ)XQG
(d) Moneys and revenues derived from
the road usage charges imposed under ORS

(5) The Legislative Assembly shall use the
report described in subsections (1) to (4) of this
section to determine whether adjustments to
revenue sources described in section 3a (3),
$UWLFOH,;RIWKH2UHJRQ&RQVWLWXWLRQDUH
needed in order to carry out the purposes of
(e) Moneys and revenues derived from or
made available by the federal government for
road construction, maintenance or betterment
SXUSRVHV
(f) All moneys and revenues received from
all other sources which by law are allocated or
GHGLFDWHGIRUKLJKZD\SXUSRVHV
(2) The State Highway Fund shall be deemed
and held as a trust fund, separate and distinct
from the General Fund, and may be used only
for the purposes authorized by law and is con-
WLQXDOO\DSSURSULDWHGIRUVXFKSXUSRVHV
(3) Moneys in the State Highway Fund
PD\EHLQYHVWHGDVSURYLGHGLQ256
WR$OOLQWHUHVWHDUQLQJVRQDQ\RIWKH
funds designated in subsection (1) of this sec-
tion shall be placed to the credit of the highway
IXQG>$PHQGHGE\F†F
†F†F†DF
†@
366.506 Highway cost allocation study;
purposes; design; report; use of report
by Legislative Assembly. (1) Once every
two years, the Oregon Department of Admin-
istrative Services shall conduct either a full
highway cost allocation study or an examina-
WLRQRIGDWDFROOHFWHGVLQFHWKHSUHYLRXVVWXG\
The purposes of the study or examination of
GDWDDUHWRGHWHUPLQH establish and operate a state modernization
(a) The proportionate share that the users
of each class of vehicle should pay for the costs
of maintenance, operation and improvement of
the highways, roads and streets in the state;
and
(b) Whether the users of each class are
SD\LQJWKDWVKDUH
(2) The department may use any study
design it determines will best accomplish
the purposes stated in subsection (1) of this
Miscellaneous Laws 3DJH
VHFWLRQD$UWLFOH,;RIWKH2UHJRQ&RQ-
VWLWXWLRQ,IVXFKDGMXVWPHQWVDUHQHHGHGWKH
Legislative Assembly shall enact whatever
measures are necessary to make the adjust-
PHQWV>F††@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
WRRUPDGHDSDUWRI256FKDSWHURUDQ\
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
366.507 Modernization program;
funding; conditions and criteria. The
Department of Transportation shall use an
amount equal to the amount of moneys in the
State Highway Fund that becomes available for
its use from the increase in tax rates created
E\WKHDPHQGPHQWVWR256
DQGE\VHFWLRQVDQG
to 15, chapter 209, Oregon Laws 1985, and
an amount equal to one-third of the amount
of moneys in the State Highway Fund that
becomes available for its use from any increase
in tax rates created by the amendments to ORS
DQGE\VHF-
WLRQVDQGWRFKDSWHU2UHJRQ
Laws 1987, and from any increase in tax rates
WKDWUHVXOWVIURPWKHSURYLVLRQVRIVHFWLRQV
and 17, chapter 899, Oregon Laws 1987, to
SURJUDPIRUKLJKZD\V7KHSURJUDPHVWDE-
lished under this section and the use of moneys
LQWKHSURJUDPDUHVXEMHFWWRWKHIROORZLQJ
(1) The moneys may be used by the depart-
ment to retire bonds that the department
issues for the modernization program under
ERQGLQJDXWKRULW\RIWKHGHSDUWPHQW
(2) The intent of the modernization program
is to increase highway safety, to accelerate
improvements from the backlog of needs on the
(2015 Edition)
 MISCELLANEOUS LAWS
state highways and to fund modernization of
highways and local roads to support economic
GHYHORSPHQWLQ2UHJRQ3URMHFWVERWKRQDQG
RIIWKHVWDWHKLJKZD\V\VWHPDUHHOLJLEOH
(3) Projects to be implemented by the mod-
ernization program shall be selected by the
2UHJRQ7UDQVSRUWDWLRQ&RPPLVVLRQ7KHFUL-
 
the highway safety, environmental quality and
land use goals of this state;
(b) Responsibility for the cost of the highway,
road and street system should be proportional
and should be based on the number and types
of vehicles that use the system and on the fre-
quency of their use; and
teria for selection of projects will be established
after public hearings that allow citizens an
RSSRUWXQLW\WRUHYLHZWKHFULWHULD7KHFRPPLV-
sion may use up to one-half of moneys available
under this section for modernization projects
selected by the commission from a list of proj-
HFWVRIVWDWHZLGHVLJQLÀFDQFH
 F([SDQVLRQPRGHUQL]DWLRQPDLQWHQDQFH
repair, reconstruction, increased capacity and
enhanced safety on all roads and bridges is cru-
FLDOWRWKHHFRQRPLFUHYLWDOL]DWLRQRI2UHJRQ
(2) The Legislative Assembly declares that
WKHSXUSRVHRIWKLVVHFWLRQDQG256

 ,QGHYHORSLQJFULWHULDIRUVHOHFWLRQRI DQGLV
projects, the commission shall consider the
IROORZLQJ (a) To enhance the revenue base for the
state, counties and cities for continued develop-
 D3URMHFWVPXVWEHRIVLJQLÀFDQFHWRWKH ment and maintenance of the road and bridge
VWDWHKLJKZD\V\VWHP system; and
 E([FHSWIRUSURMHFWVWKDWDUHRIVWDWHZLGH
VLJQLÀFDQFHSURMHFWVPXVWEHHTXLWDEO\GLVWULE-
XWHGWKURXJKRXW2UHJRQ
(c) Projects may be on county or city arte-
rial roads connecting to or supporting a state
KLJKZD\
(d) Priority may be given to projects that
make a meaningful contribution to increased
KLJKZD\VDIHW\
(e) Priority may also be given to projects
WKDWHQFRXUDJHHFRQRPLFGHYHORSPHQWZKHUH 366.510 Turning over highway funds to
(A) There is commitment by private industry
WRFRQVWUXFWDIDFLOLW\
(B) There is support from other state
DJHQFLHV
(f) Priority may be given where there is local
JRYHUQPHQWRUSULYDWHVHFWRUÀQDQFLDOSDUWLFL-
pation, or both, in the improvement in addition
WRLPSURYHPHQWVDGMDFHQWWRWKHSURMHFW
(g) Priority may be given where there is
VWURQJORFDOVXSSRUW
(b) To enhance the revitalization of this
state’s economy by implementing a long-term
plan for the state, counties and cities that
establishes priorities for road and bridge
LPSURYHPHQWV>F†@
1RWHZDVHQDFWHGLQWRODZE\WKH/HJ-
islative Assembly but was not added to or made
DSDUWRI256FKDSWHURUDQ\VHULHVWKHUHLQ
E\OHJLVODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
State Treasurer. $OOVWDWHRIÀFLDOVFKDUJHG
with the collection of highway funds shall,
XSRQWKHÀUVWRIHDFKPRQWKDIWHUFROOHFWLRQ
unless a different time is otherwise provided,
turn the same over to the State Treasurer, who
shall enter such revenues in the account of the
KLJKZD\IXQG>$PHQGHGE\F†@
366.512 Collection of certain registra-
tion fees for State Parks and Recreation
Department Fund. (1) The Department of
Transportation shall collect all registration
fees for campers, motor homes and travel trail-
 ([FHSWDVRWKHUZLVHSURYLGHGLQWKLV HUV6XFKIHHVVKDOOEHSDLGLQWRWKH6WDWH3DUNV
subsection, federal moneys or moneys from DQG5HFUHDWLRQ'HSDUWPHQW)XQG
the State Highway Fund other than those
described in this section may be used for the  $VXVHGLQWKLVVHFWLRQ
modernization program as long as the total  D´&DPSHUµKDVWKHPHDQLQJJLYHQWKDW
amount used is equal to the amount described WHUPLQ256
LQWKLVVHFWLRQ)HGHUDOPRQH\VWKDWDUHDSSUR-
SULDWHGE\&RQJUHVVIRUVSHFLÀFSURMHFWVDQG  E´0RWRUKRPHµKDVWKHPHDQLQJJLYHQ
federal moneys that are allocated by the United WKDWWHUPLQ256
States Department of Transportation for  F´7UDYHOWUDLOHUµKDVWKHPHDQLQJJLYHQ
VSHFLÀFSURMHFWVPD\QRWEHXVHGIRUWKHPRG- WKDWWHUPLQ256>F†
HUQL]DWLRQSURJUDPXQGHUWKLVVHFWLRQ> F†F†F
F†F†F† †F†F†F
F††F††F†@ †F†F†F
  /HJLVODWLYH ÀQGLQJV (1) The †F††@
/HJLVODWLYH$VVHPEO\ÀQGVWKDW 366.514 Use of highway fund for foot-
 D(VWLPDWHGKLJKZD\URDGDQGVWUHHWUHY-
enues from current sources will not adequately
meet the need for continued development of a
statewide road and bridge system that is eco-
QRPLFDOO\HIÀFLHQWSURYLGHVDFFHVVLELOLW\WR
and from commercial, agricultural, industrial,
tourist and recreational facilities and enhances
paths and bicycle trails. (1) Out of the funds
received by the Department of Transporta-
tion or by any county or city from the State
Highway Fund reasonable amounts shall be
expended as necessary to provide footpaths
and bicycle trails, including curb cuts or ramps
DVSDUWRIWKHSURMHFW)RRWSDWKVDQGELF\FOH
trails, including curb cuts or ramps as part

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

of the project, shall be provided wherever a
highway, road or street is being constructed,
UHFRQVWUXFWHGRUUHORFDWHG)XQGVUHFHLYHG
from the State Highway Fund may also be
expended to maintain footpaths and trails
restrict the use of footpaths and bicycle trails
under their respective jurisdictions to pedes-
trians and nonmotorized vehicles, except that
motorized wheelchairs shall be allowed to use
IRRWSDWKVDQGELF\FOHWUDLOV
and to provide footpaths and trails along other  $VXVHGLQWKLVVHFWLRQ´ELF\FOHWUDLOµ
KLJKZD\VURDGVDQGVWUHHWV means a publicly owned and maintained lane
(2) Footpaths and trails are not required or way designated and signed for use as a bicy-
to be established under subsection (1) of this FOHURXWH>F†F†
VHFWLRQ F†F†F†
(a) Where the establishment of such paths F†F†F†@
and trails would be contrary to public safety; 366.516 Incurring obligations payable
 E,IWKHFRVWRIHVWDEOLVKLQJVXFKSDWKVDQG
trails would be excessively disproportionate to
the need or probable use; or
(c) Where sparsity of population, other avail-
able ways or other factors indicate an absence
RIDQ\QHHGIRUVXFKSDWKVDQGWUDLOV
(3) The amount expended by the depart-
ment or by a city or county as required or
permitted by this section shall never in any
RQHÀVFDO\HDUEHOHVVWKDQRQHSHUFHQWRIWKH
total amount of the funds received from the
KLJKZD\IXQG+RZHYHU including those amounts that are required by
(a) This subsection does not apply to a city in
any year in which the one percent equals $250
or less, or to a county in any year in which the
RQHSHUFHQWHTXDOVRUOHVV
(b) A city or county in lieu of expending
the funds each year may credit the funds to a
ÀQDQFLDOUHVHUYHIXQGLQDFFRUGDQFHZLWK256
WREHKHOGIRUQRWPRUHWKDQ\HDUV
and to be expended for the purposes required
RUSHUPLWWHGE\WKLVVHFWLRQ
(c) For purposes of computing amounts
H[SHQGHGGXULQJDÀVFDO\HDUXQGHUWKLVVXE-
section, the department, a city or county may
UHFRUGWKHPRQH\DVH[SHQGHG ally paid even though the expenditures were
(A) On the date actual construction of the
facility is commenced if the facility is con-
structed by the city, county or department
itself; or
(B) On the date a contract for the construc-
tion of the facilities is entered with a private
contractor or with any other governmental
ERG\
(4) For the purposes of this chapter, the
establishment of paths, trails and curb cuts or
ramps and the expenditure of funds as autho-
rized by this section are for highway, road and
VWUHHWSXUSRVHV7KHGHSDUWPHQWVKDOOZKHQ
requested, provide technical assistance and
advice to cities and counties in carrying out
WKHSXUSRVHRIWKLVVHFWLRQ7KHGHSDUWPHQW
shall recommend construction standards
IRUIRRWSDWKVDQGELF\FOHWUDLOV&XUEFXWVRU
ramps shall comply with the requirements of
256DQGUXOHVDGRSWHGXQGHU256
7KHGHSDUWPHQWVKDOOLQWKHPDQQHU
prescribed for marking highways under ORS
SURYLGHDXQLIRUPV\VWHPRIVLJQLQJ
footpaths and bicycle trails which shall apply
to paths and trails under the jurisdiction
RIWKHGHSDUWPHQWDQGFLWLHVDQGFRXQWLHV
The department and cities and counties may
Miscellaneous Laws 3DJH
from anticipated revenues. The Depart-
ment of Transportation may incur obligations
to be paid from the State Highway Fund for
the construction, reconstruction, improvement,
repair or maintenance of highways, streets and
bridges in excess of the amount then standing
to the credit of the State Highway Fund if in
the opinion of the department there will be suf-
ÀFLHQWIXQGVDYDLODEOHIRUWKHSD\PHQWRIVXFK
obligations when they become due and payable
and all other debts, obligations and expenses
chargeable against the State Highway Fund
law to be set aside from the State Highway
)XQG IRU SDUWLFXODU SXUSRVHV 2EOLJDWLRQV
incurred under the authority of this section
need not be payable in the same biennial period
GXULQJZKLFKWKHREOLJDWLRQLVLQFXUUHG>
F†@
366.517 Department may determine
certain accounting procedures. The
Department of Transportation shall determine
the accounting period for which any expen-
ditures shall be charged against the State
+LJKZD\)XQG7KHGHSDUWPHQWPD\FKDUJH
such expenditures against the State Highway
Fund at the time the expenditures are actu-
REOLJDWHGGXULQJDSULRUDFFRXQWLQJSHULRG
The department may keep its accounts on a
FDOHQGDU\HDUEDVLV>F†F
†@
366.518 Expenditures from highway
fund to be reported, budgeted and limited
to amounts budgeted. The Department of
Transportation shall submit a biennial state-
ment and budget estimate as required by law,
and shall limit its expenditures from the State
Highway Fund during each biennial period
to the total amount of the budget approved
according to law; provided, that the word
´H[SHQGLWXUHVµVKDOOPHDQDOOPRQH\DFWXDOO\
paid out or due and payable, but shall not mean
liabilities or obligations incurred but not due
DQGSD\DEOHXQWLODVXEVHTXHQWELHQQLDOSHULRG
The provisions of any law establishing a Leg-
islative Assembly emergency committee shall
apply to expenditures from the State Highway
)XQG>F†@
366.520 Expenses in legalizing state
highways. The expenses incurred in any
proceeding by the Department of Transpor-
WDWLRQXQGHU256WRZKHQ
applied to state highways, shall be paid out
RIWKHKLJKZD\IXQG>$PHQGHGE\F
†@
(2015 Edition)
 MISCELLANEOUS LAWS
366.522 Appropriations from highway
fund for legislative interim committees. ,W
hereby is declared to be the policy and intent of
the Legislative Assembly that the total appro-
priations out of the State Highway Fund made
by it for the payment of expenses incurred by
the Legislative Assembly by and through its
 
 5HSD\PHQWRIVSHFLÀHGERQGV
allocation of moneys not needed for
repayment. (DFKELHQQLXPDQ\SRUWLRQRI
WKHPLOOLRQUHIHUUHGWRLQ256
that remains after deducting an amount equal
to total debt service payments payable on out-
standing Highway User Tax Bonds described
interim committee during any biennium shall
be deemed to be the maximum amount neces-
VDU\IRUVXFKSXUSRVH$Q\XQH[SHQGHGDQG
unobligated balance remaining in any such
appropriation heretofore or hereafter made
shall, after the expiration of the biennium for
which the appropriation was made, be returned
to the State Highway Fund and may thereaf-
WHUEHXVHGIRUDQ\SXUSRVHDXWKRUL]HGE\ODZ
>F†@
366.523 Transpor tation Project
Account. (1) The Transportation Project
$FFRXQWLVFUHDWHGLQWKH6WDWH+LJKZD\)XQG
Moneys in the account are continuously appro-
priated to the Department of Transportation
for the purpose of making allocations described
LQ256DQGIRUWKHSXUSRVHRISD\LQJ
bond debt service on Highway User Tax Bonds
LVVXHGXQGHU256,QWHUHVWRQWKH
DFFRXQWLVFUHGLWHGWRWKH6WDWH+LJKZD\)XQG
(2) Amounts allocated by the Oregon
Transportation Commission pursuant to ORS
IRUWKHSXUSRVHVGHVFULEHGLQVHFWLRQ
FKDSWHU2UHJRQ/DZVVKDOOEH
H[SHQGHGIURPWKHDFFRXQW
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cent to the Department of Transportation, 30
SHUFHQWWRFRXQWLHVDQGSHUFHQWWRFLWLHV
Moneys allocated to counties and cities under
this section shall be distributed in the same
manner as moneys allocated under ORS
DUHGLVWULEXWHG>)RUPHUO\@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
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VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
366.744 Allocation of moneys from spec-
LÀHGLQFUHDVHVLQWLWOHDQGUHJLVWUDWLRQ
fees and in truck taxes and fees; restric-
tions on expenditure by Multnomah
County. (1) The following moneys shall be
allocated as provided in subsection (2) of this
VHFWLRQ
(a) The amount attributable to the increase
LQWLWOHIHHVE\WKHDPHQGPHQWVWR256
E\VHFWLRQFKDSWHU2UHJRQ/DZV
(b) The amount attributable to the increase
in registration fees by the amendments to ORS
 ,IDWDQ\WLPHWKHGHSDUWPHQWGHWHUPLQHV
WKDWWKHUHDUHQRWVXIÀFLHQWIXQGVLQWKH6WDWH
Highway Fund to pay bond debt service on
Highway User Tax Bonds issued under ORS
PRQH\VLQWKH7UDQVSRUWDWLRQ3URMHFW
Account shall be transferred to the State High-
way Fund and shall be used by the department
to pay bond debt service on Highway User Tax
%RQGVLVVXHGXQGHU256
E\VHFWLRQFKDSWHU2UHJRQ
Laws 2003, except for the amount paid to the
State Parks and Recreation Department Fund
XQGHU256DQG
(c) The amount attributable to the increase
in fees and tax rates by the amendments to
256DQGE\VHFWLRQV
DQGFKDSWHU2UHJRQ/DZV
 )RUWKHSXUSRVHVRIWKLVVHFWLRQ (2) The moneys described in subsection (1)
RIWKLVVHFWLRQVKDOOEHDOORFDWHGDVIROORZV
 D´%RQGµKDVWKHPHDQLQJJLYHQWKDWWHUP
LQ256  D  SHUFHQW WR WKH 'HSDUWPHQW RI
7UDQVSRUWDWLRQ
 E´%RQGGHEWVHUYLFHµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256>F  ESHUFHQWWRWKHGHSDUWPHQWWRSD\
†@ the principal and interest due on bonds autho-
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
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ace to Oregon Revised Statutes for further
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Allocations to Counties and Cities
366.739 Allocation of moneys to
UL]HGXQGHU256WKDWDUHLVVXHGIRU
replacement and repair of bridges on county
KLJKZD\V+RZHYHUDQ\SRUWLRQRIWKH
percent that is not needed for payment of prin-
cipal and interest on the bonds described in
WKLVSDUDJUDSKVKDOOEHDOORFDWHGWRFRXQWLHV
Moneys allocated to counties under this para-
graph shall be distributed in the same manner
as moneys allocated to counties under ORS
DUHGLVWULEXWHG
counties and cities generally. ([FHSW  F  SHUFHQW WR WKH GHSDUWPHQW WR
DVRWKHUZLVHSURYLGHGLQ256WKH pay the principal and interest due on bonds
WD[HVFROOHFWHGXQGHU256
    DQG
DQGWKHVSHFLDOXVHIXHOOLFHQVHIHHV
FROOHFWHGXQGHU256PLQXV
PLOOLRQSHUELHQQLXPVKDOOEHDOORFDWHG
SHUFHQWWRFRXQWLHVXQGHU256DQG
SHUFHQWWRFLWLHVXQGHU256
>)RUPHUO\F†@
DXWKRUL]HGXQGHU256WKDWDUH
issued for replacement and repair of bridges
RQ FLW\ KLJKZD\V +RZHYHU DQ\ SRUWLRQ RI
WKHSHUFHQWWKDWLVQRWQHHGHGIRUSD\-
ment of principal and interest on the bonds
described in this paragraph shall be allocated
WRFLWLHV0RQH\VDOORFDWHGWRFLWLHVXQGHUWKLV
paragraph shall be distributed in the same

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
manner as moneys allocated to cities under
256DUHGLVWULEXWHG
(3)(a) Multnomah County shall spend a
majority of moneys distributed to it under
subsection (2)(b) of this section on bridges in
WKHFRXQW\
(b) Moneys distributed to Multnomah
County under subsection (2)(b) of this section
that are not spent on bridges shall be distrib-
uted equitably within the county, based on the
agreement described in paragraph (c) of this
VXEVHFWLRQ
(2) Notwithstanding any other allocation of
moneys to counties and cities under this chap-
ter, the amount of moneys from the increases
described in subsection (1) of this section
VKDOOEHDOORFDWHGSHUFHQWWRFRXQWLHVDQG
SHUFHQWWRFLWLHV0RQH\VDOORFDWHGXQGHU
this section shall be distributed in the same
manner as moneys allocated to counties and
FLWLHV XQGHU 256  DUH GLVWULEXWHG
>F†@
366.752 Allocation of moneys from
VSHFLÀHGLQFUHDVHVLQIHHV(1) The follow-
ing moneys shall be allocated as described in
(c) Multnomah County and the cities within
the county shall agree upon the distribution
of moneys described in paragraph (b) of this
VXEVHFWLRQ:KHQWKHFRXQW\DQGWKHFLWLHV
have reached an agreement, they shall notify
the Oregon Transportation Commission of the
DJUHHPHQW,IWKHFRPPLVVLRQGRHVQRWUHFHLYH
notice of an agreement by June 30, 2004, the
Department of Transportation may not dis-
tribute moneys that would otherwise go to the
VXEVHFWLRQVDQGRIWKLVVHFWLRQ
(a) The amount attributable to the fee
LQFUHDVHVE\WKHDPHQGPHQWVWR256
E\VHFWLRQFKDSWHU2UHJRQ/DZV
(b) The amount attributable to the fee
LQFUHDVHVE\WKHDPHQGPHQWVWR256
E\VHFWLRQFKDSWHU2UHJRQ/DZV
(c) The amount attributable to the fee
LQFUHDVHVE\WKHDPHQGPHQWVWR256
FRXQW\XQGHUSDUDJUDSKERIWKLVVXEVHFWLRQ
Such moneys shall revert to the State Highway
Fund for use by the Department of Transpor-
WDWLRQ>F†@
366.747 Allocation of moneys from
VSHFLÀHGLQFUHDVHVLQIHHV(1) The follow-
ing moneys shall be allocated as described in
E\VHFWLRQDFKDSWHU2UHJRQ/DZV

(d) The amount attributable to the fee
LQFUHDVHVE\WKHDPHQGPHQWVWR256
E\VHFWLRQFKDSWHU2UHJRQ/DZV
(e) The amount attributable to the fee
VXEVHFWLRQRIWKLVVHFWLRQ LQFUHDVHE\WKHDPHQGPHQWVWR256
(a) The amount attributable to the increase
in the inspection fee by the amendments to
256  E\ VHFWLRQ  FKDSWHU 
2UHJRQ/DZV
(b) The amount attributable to any increase
in registration plate fees by the amendments
WR256E\VHFWLRQFKDSWHU
2UHJRQ/DZV
(c) The amount attributable to the increases
in fees for driver licenses, permits and endorse-
PHQWVE\WKHDPHQGPHQWVWR256E\
VHFWLRQFKDSWHU2UHJRQ/DZV
(d) The amount attributable to the increase
in the weight receipt fee by the amendments
WR256E\VHFWLRQFKDSWHU
2UHJRQ/DZV
(2) The moneys described in subsection (1)
RIWKLVVHFWLRQVKDOOEHDOORFDWHGSHUFHQW
WRFRXQWLHVDQGSHUFHQWWRFLWLHV0RQH\V
allocated under this section shall be distrib-
uted in the same manner as moneys allocated
WRFRXQWLHVDQGFLWLHVXQGHU256DUH
GLVWULEXWHG>F†@
366.749 Allocation of moneys resulting
from increase in numbers of vehicle reg-
istrations, titles and trip permits due to
E\VHFWLRQDFKDSWHU2UHJRQ/DZV

(f) The amount attributable to the increase
in fees and tax rates by the amendments to
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(2) The moneys described in subsection (1)
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amount of $24 million per year in monthly
installments to the Department of Trans-
portation for the purposes described in the
long-range plan developed pursuant to ORS
7KHUHPDLQGHURIWKHPRQH\VVKDOO
be allocated as provided in subsection (3) of
WKLVVHFWLRQ
(3) The moneys described in subsection (1)
of this section that remain after the allocation
of moneys described in subsection (2) of this
VHFWLRQVKDOOEHDOORFDWHGDVIROORZV
(a) 50 percent to the Department of
7UDQVSRUWDWLRQ
(b) 30 percent to counties for distribution as
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(c) 20 percent to cities for distribution as
SURYLGHGLQ256
VSHFLÀHGDFWLRQVE\YHKLFOHGHDOHUVDQG  ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
persons engaged in towing. (DFK\HDU
the Department of Transportation shall deter-
mine the increase in the number of vehicle
registrations and titles that is attributable to
256DQGWKHLQFUHDVHLQWKHQXPEHU
RIWULSSHUPLWVLVVXHGXQGHU256WKDW
is attributable to the amendments to ORS
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Miscellaneous Laws 3DJH
this section, the moneys described in subsec-
tion (3)(a) of this section or equivalent amounts
that become available to the Department of
7UDQVSRUWDWLRQVKDOOEHDOORFDWHGDVIROORZV
(a) 33 percent for maintenance, preservation
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(2015 Edition)
 MISCELLANEOUS LAWS  

 ESHUFHQWIRUWKHVWDWHPRGHUQL]D- the next payment due the county under ORS

tion program for highways as described in ORS WR>)RUPHUO\@
 366.772 Allocation of moneys to coun-
 FSHUFHQWIRUWKHSXUSRVHVGHVFULEHG WLHV ZLWK URDG IXQGLQJ GHÀFLW (1) Not
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2UHJRQ/DZV
(5) The moneys allocated in subsection (4)
of this section may be used to secure and pay
bond debt service on Highway User Tax Bonds
XQGHU256
later than July 31 in each calendar year, the
sum of $500,000 shall be withdrawn from the
DSSURSULDWLRQVSHFLÀHGLQ256DQG
the sum of $250,000 shall be withdrawn from
moneys available to the Department of Trans-
SRUWDWLRQIURPWKH6WDWH+LJKZD\)XQG7KH
sums withdrawn shall be set up in a separate
 )RUWKHSXUSRVHVRIWKLVVHFWLRQ account to be administered by the Department
 D´%RQGµKDVWKHPHDQLQJJLYHQWKDWWHUP RI7UDQVSRUWDWLRQ
LQ256 (2) Not later than July 31 in each calendar
 E´%RQGGHEWVHUYLFHµKDVWKHPHDQLQJ
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(Counties)
366.762 Appropriation from highway
fund for counties.
There shall be and hereby are appropriated
out of the highway fund annually such sums
RIPRQH\HVWDEOLVKHGXQGHU256RXWRI
all moneys credited to the State Highway Fund
year, the sum of $750,000 shall be withdrawn
from the separate account described in sub-
section (1) of this section and distributed to
counties that had a county road base funding
GHÀFLWLQWKHSULRUÀVFDO\HDU$FRXQW\·VVKDUH
of the $750,000 shall be based on the ratio of
the amount of the county’s road base funding
GHÀFLWWRWKHWRWDODPRXQWRIFRXQW\URDGEDVH
IXQGLQJGHÀFLWVRIDOOFRXQWLHV
(3) Moneys allocated as provided in this sec-
tion may be used only for maintenance, repair
DQGLPSURYHPHQWRIH[LVWLQJURDGV
by the State Treasurer between July 1 of any  $VXVHGLQWKLVVHFWLRQ
year and June 30 of the following year that are
subject to the appropriation under this section  D´$UWHULDOKLJKZD\µKDVWKHPHDQLQJ
E\2567KHDSSURSULDWLRQVKDOOEH JLYHQWKDWWHUPLQ256
distributed among the several counties for the  E´&ROOHFWRUKLJKZD\µKDVWKHPHDQLQJ
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366.764 Basis of allocation of appropria-
tion to counties. The sum designated in ORS
VKDOOEHUHPLWWHGE\ZDUUDQWWRWKH
FRXQW\WUHDVXUHUVRIWKHVHYHUDOFRXQWLHV7KH
remittance in any year shall be in proportion of
the number of vehicles, trailers, semitrailers,
pole trailers and pole or pipe trailers registered
in each county, to the total number of such
vehicles registered in the state as of Decem-
 F´&RXQW\URDGEDVHIXQGLQJGHÀFLWµPHDQV
the amount of a county’s minimum county road
base funding minus the amount of that coun-
W\·VGHGLFDWHGFRXQW\URDGIXQGLQJ$FRXQW\
KDVDFRXQW\URDGEDVHIXQGLQJGHÀFLWRQO\LI
the amount of the dedicated county road fund-
ing is less than the amount of the minimum
FRXQW\URDGEDVHIXQGLQJ
ber 31 of the preceding year, as indicated by
PRWRUYHKLFOHVUHJLVWUDWLRQUHFRUGV$OOVXFK
vehicles owned and operated by the state and
UHJLVWHUHGXQGHU256DQG
VKDOOEHH[FOXGHGIURPWKHFRPSXWD-
WLRQLQPDNLQJWKHDSSRUWLRQPHQW>)RUPHUO\
@
366.766 Remitting appropriation to
counties. The appropriation made by ORS
VKDOOEHUHPLWWHGWRWKHFRXQWLHVRQD
monthly basis within 35 days after the end of
the month for which a distribution is made in
DQDPRXQWGHWHUPLQHGLQ256DQG
DQGFUHGLWHGWRWKHKLJKZD\IXQGIRU
VXFKUHPLWWDQFH>)RUPHUO\@
366.768 Advances from highway fund to
county. Upon satisfactory showing before the
Department of Transportation by any county
 G´'HGLFDWHGFRXQW\URDGIXQGLQJµIRUD
FRXQW\PHDQV
(A) Moneys received from federal forest
reserves and apportioned to the county road
IXQGLQDFFRUGDQFHZLWK256
(B) State Highway Fund moneys distributed
to the county, other than moneys distributed
under this section and not including moneys
allocated under section 15, chapter 911, Oregon
Laws 2007; and
(C) Federal Highway Administration rev-
enues allocated by formula to the county
annually under the federal-aid highway pro-
JUDPDXWKRUL]HGE\86&FKDSWHU7KHVH
moneys do not include federal funds received
by the county through a competitive grant
SURFHVV
WKDWWKHFRXQW\GRHVQRWKDYHVXIÀFLHQWIXQGV
with which to pay, when due, bonded indebt-
edness incurred for highway purposes, the
GHSDUWPHQWPD\FHUWLI\WRVXFKIDFW3XUVXDQW
WRWKHFHUWLÀFDWHDZDUUDQWVKDOOEHGUDZQLQ
favor of the county against the highway fund
LQWKHDPRXQWVHWRXWLQHDFKFHUWLÀFDWHZKLFK
amount so advanced shall be deducted from
Miscellaneous Laws 3DJH
 H´0LQLPXPFRXQW\URDGEDVHIXQGLQJµ
means $4,500 per mile of county roads that
are arterial and collector highways beginning
on July 1, 2008, and thereafter means $4,500
per mile of county roads that are arterial and
collector highways as adjusted annually on
the basis of the Portland-Salem, OR-WA, Con-
VXPHU3ULFH,QGH[IRU$OO8UEDQ&RQVXPHUVIRU
$OO,WHPVDVSXEOLVKHGE\WKH%XUHDXRI/DERU
(2015 Edition)
 MISCELLANEOUS LAWS

Statistics of the United States Department of SURYLGHGLQWKLVVXEVHFWLRQ7KHPRQH\VVXE-

/DERU>)RUPHUO\F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
WRRUPDGHDSDUWRI256FKDSWHURUDQ\
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ject to allocation under this subsection shall
be distributed by the Department of Transpor-
WDWLRQDFFRUGLQJWRWKHIROORZLQJ
(a) The moneys shall be distributed to all
WKHFLWLHV
ace to Oregon Revised Statutes for further  E(DFKFLW\VKDOOUHFHLYHVXFKVKDUHRIWKH
H[SODQDWLRQ moneys as its population bears to the total pop-
366.774 Authorized use of allocation to XODWLRQRIWKHFLWLHV
counties; report by counties to Legisla-
tive Assembly. (1) Moneys paid to counties
XQGHU256WRVKDOOEHXVHG
only for the purposes stated in sections 3 and
D$UWLFOH,;RIWKH2UHJRQ&RQVWLWXWLRQDQG
the statutes enacted pursuant thereto includ-
LQJ256
(2) Counties receiving moneys under ORS
WRVKDOOUHSRUWDQQXDOO\WR
the Legislative Assembly the expenditures of
WKRVHPRQH\VLQHDFKRIWKHIROORZLQJDUHDV XVHGXSRQVWUHHWV
(a) Administration;
(b) Bicycle paths;
(c) Construction and expansion;
(d) Operations and maintenance;
(e) Other payments;
(f) Payments to other governments; and
 (DFK\HDUWKHVXPRIVKDOOEH
ZLWKGUDZQIURPWKHDSSURSULDWLRQVSHFLÀHGLQ
256DQGVKDOOEHZLWKGUDZQ
from moneys available to the Department of
Transportation from the State Highway Fund
and set up in a separate account to be admin-
LVWHUHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
The following apply to the account described
LQWKLVVXEVHFWLRQ
(a) Money from the account shall only be

(A) That are not a part of the state highway
system;
(B) That are within cities with populations
of 5,000 or fewer persons; and
(C) That are inadequate for the capacity
they serve or are in a condition detrimental
WRVDIHW\
 J5HSDLUDQGSUHVHUYDWLRQ (b) All moneys in the account shall be allot-
(3) The Association of Oregon Counties WHGHDFK\HDU
shall make an annual report to the Legislative (c) Subject to paragraph (d) of this sub-
Assembly presenting the information required section, the department shall determine the
E\VXEVHFWLRQRIWKLVVHFWLRQ7KHUHSRUW
shall be made to the committees of the Legis-
lative Assembly with primary jurisdiction over
WUDQVSRUWDWLRQPDWWHUV
(4) For the purposes of subsection (2) of
this section, each county shall account for
PRQH\VSDLGWRWKHFRXQW\XQGHU256
WRVHSDUDWHO\IURPDQ\RWKHUFRXQW\
PRQH\V>)RUPHUO\@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
WRRUPDGHDSDUWRI256FKDSWHURUDQ\
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
366.800 Appropriation from highway
fund for cities; amount and source. There
shall be and hereby are appropriated out of the
highway fund annually such sums of money
HVWDEOLVKHG XQGHU 256  RXW RI DOO
moneys credited to the highway fund by the
State Treasurer between July 1 of any year and
June 30 of the following year that are subject
to the appropriation under this section by ORS
7KHDSSURSULDWLRQVKDOOEHGLVWULEXWHG
among the several cities as provided in ORS
WR>$PHQGHGE\F
†F†VVF†
F†F†F†@
366.805 Allocation of appropriation to
distribution of the expenditures after consid-
ering applications made to it therefor from the
FLWLHV
(d) The department may enter into agree-
ments with cities upon the advice and counsel of
RUJDQL]DWLRQVUHSUHVHQWLQJFLWLHVWRHVWDEOLVK
(A) The method of allotting moneys from the
account; or
(B) The method of considering applications
from cities and determining distribution based
RQWKHDSSOLFDWLRQV>$PHQGHGE\F
†F††F†F
†@
366.810 Payment of appropriation to
cities. Funds accrued and payable to cities
XQGHU256WRVKDOOEHUHPLW-
ted on a monthly basis within 35 days after
the end of the month for which a distribution
is made by the Department of Transportation
WRWKHÀQDQFLDORIÀFHURIHDFKFLW\7KHIXQGV
appropriated shall be apportioned on or before
the last day of each month by the department,
ZKLFKVKDOOFHUWLI\WRWKHDSSRUWLRQPHQW8SRQ
VXFKFHUWLÀFDWLRQZDUUDQWVVKDOOEHGUDZQ
SD\DEOHWRWKHFLWLHVLQWKHDPRXQWVVHWRXW
>$PHQGHGE\F†F†
F†@
cities. ([FHSWDVSURYLGHGLQVXEVHFWLRQ
RIWKLVVHFWLRQWKHDSSURSULDWLRQVSHFLÀHGLQ
256VKDOOEHDOORFDWHGWRWKHFLWLHVDV

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

Chapter 377 V\VWHPDQGRWKHUWUDIÀFFRQWUROGHYLFHVDQG

MOTORIST INFORMATION SIGNS
377.737 Giving or receiving compen-
that automatically produces videotape or one or
more photographs, microphotographs or other
recorded images of a vehicle in connection with
WKHFROOHFWLRQRUHQIRUFHPHQWRIWROOV
sation or value for signs; rules. (1) To   ´3ULYDWH HQWLW\µ PHDQV DQ\ QRQJRY-
determine whether a person is giving or ernmental entity, including a corporation,
receiving, or has given or received, compen- partnership, company or other legal entity, or
VDWLRQRUDQ\WKLQJRIYDOXHDVGHÀQHGE\WKH DQ\QDWXUDOSHUVRQ
Department of Transportation by rule for dis-
playing a sign, the department may issue an
investigative demand upon any person it rea-
sonably believes may have relevant documents
RULQIRUPDWLRQ
 ´5HODWHGIDFLOLW\µPHDQVDQ\UHDORUSHU-
VRQDOSURSHUW\WKDW
(a) Will be used to operate, maintain, reno-
vate or facilitate the use of the tollway;
 ,IDQ\SHUVRQDIWHUEHLQJVHUYHGDQLQYHV- (b) Will provide goods or services to the
tigative demand under subsection (1) of this users of the tollway; or
section fails or refuses to obey the demand,
the Department of Transportation may request
that the Department of Justice apply to an
appropriate circuit court and, after a hearing,
request an order requiring compliance with the
 F&DQEHGHYHORSHGHIÀFLHQWO\ZKHQWROO-
ways are developed and will generate revenue
that may be used to reduce tolls or will be
GHSRVLWHGLQWKH6WDWH7ROOZD\$FFRXQW
GHPDQG>F†@  ´7ROOµPHDQVDQ\IHHRUFKDUJHIRUWKH
XVHRIDWROOZD\
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW   ´7ROO ERRWK FROOHFWLRQVµ PHDQV WKH
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ manual or mechanical collection of cash or
See Preface to Oregon Revised Statutes for charging of an account at a toll plaza, toll booth
IXUWKHUH[SODQDWLRQ RUVLPLODUÀ[HGWROOFROOHFWLRQIDFLOLW\
377.753 Permits for outdoor advertising
signs; rules. (1) Notwithstanding the provi-
VLRQVRI256DQG
the Department of Transportation may issue
permits for outdoor advertising signs placed on
benches or shelters erected or maintained for
use by customers of a mass transit district, a
transportation district or other public trans-
 ´7ROOZD\µPHDQVDQ\URDGZD\SDWK
highway, bridge, tunnel, railroad track, bicy-
cle path or other paved surface or structure
VSHFLÀFDOO\GHVLJQHGDVDODQGYHKLFOHWUDQV-
portation route, the construction, operation or
maintenance of which is wholly or partially
funded with toll revenues resulting from an
DJUHHPHQWXQGHU256
SRUWDWLRQDJHQF\
(2) The department shall determine by rule
the fees and criteria for the number, size, and
location of such signs but the department may
not issue a permit for a sign that is visible from
DQLQWHUVWDWHKLJKZD\>F†@
  ´7ROOZD\ RSHUDWRUµ PHDQV WKH XQLW
of government or the private entity that is
responsible for the construction, reconstruc-
WLRQLQVWDOODWLRQLPSURYHPHQWÀQDQFLQJ
maintenance, repair and operation of a tollway
RUDUHODWHGIDFLOLW\
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
 ´7ROOZD\SURMHFWµPHDQVDQ\FDSLWDO
project involving the acquisition of land for,
or the construction, reconstruction, improve-
ment, installation, development or equipping
of, a tollway, related facilities or any portion
WKHUHRI
 ´8QLWRIJRYHUQPHQWµPHDQVDQ\GHSDUW-
Chapter 383 ment or agency of the federal government, any
state, any department or agency of a state, any
bistate entity created by agreement under ORS
TOLLWAYS RURWKHUODZIRUWKHSXUSRVHVRIWKH
,QWHUVWDWHEULGJHUHSODFHPHQWSURMHFWDQG
 'HÀQLWLRQVIRU256WR any city, county, district, port or other public
383.075. $VXVHGLQ256WR corporation organized and existing under stat-
 ´'HSDUWPHQWµPHDQVWKH'HSDUWPHQWRI XWRU\ODZRUXQGHUDYRWHUDSSURYHGFKDUWHU
7UDQVSRUWDWLRQ >F†F†F†@
 ´(OHFWURQLFWROOFROOHFWLRQV\VWHPµPHDQV 383.004 Establishment of tolls; rules.
a system that records use of a tollway by elec-
tronic transmissions to or from the vehicle
using the tollway and that collects tolls, or that
is capable of charging an account established
E\DSHUVRQIRUXVHRIWKHWROOZD\
([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
section, a toll may not be established unless
the Oregon Transportation Commission has
UHYLHZHGDQGDSSURYHGWKHWROO7KHFRPPLV-
sion shall adopt rules specifying the process
under which proposals to establish tolls will
 ´3KRWRHQIRUFHPHQWV\VWHPµPHDQVD EHUHYLHZHG:KHQUHYLHZLQJDSURSRVDOWR
system of sensors installed to work in con- establish tolls, the commission shall take into
junction with an electronic toll collection FRQVLGHUDWLRQ

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

 D7KHDPRXQWDQGFODVVLÀFDWLRQRIWKHWUDI-
ÀFXVLQJRUDQWLFLSDWHGWRXVHWKHWROOZD\ the state;
(b) The amount of the toll proposed to be
established for each class or category of tollway
user and, if applicable, the different amounts
of the toll depending on time and day of use;
(c) The extent of the tollway, including
improvements necessary for tollway operation
and improvements necessary to support the
ÁRZRIWUDIÀFRQWRRURIIRIWKHWROOZD\ vate entity or unit of government; and
(d) The location of toll plazas or toll collec-
tion devices to collect the toll for the tollway;
(e) The cost of constructing, reconstructing,
improving, installing, maintaining, repairing
and operating the tollway;
(f) The amount of indebtedness incurred for
the construction of the tollway and debt service
requirements, if any;
(g) The value of assets, equipment and ser-
vices required for the operation of the tollway;
(h) The period of time during which the toll
will be in effect;
(i) The process for altering the amount of
the toll during the period of operation of the
tollway;
(j) The method of collecting the toll; and
(k) The rate of return that would be fair and
reasonable for a private equity holder, if any,
LQWKHWROOZD\
private entities or units of government from
(c) Licenses, franchises or other agreements
for the periodic or long-term operation or main-
tenance of a tollway project;
(d) Financing agreements for a tollway proj-
ect pursuant to which the department borrows
from, or makes any loan, grant, guaranty or
RWKHUÀQDQFLQJDUUDQJHPHQWWRRUZLWKDSUL-
(e) Agreements for purchase or acquisition of
fee ownership, easements, rights of way or any
other interests in land upon which a tollway
SURMHFWLVWREHEXLOW
(2) The department may operate tollway
projects and impose and collect tolls on any
WROOZD\SURMHFWWKHGHSDUWPHQWRSHUDWHV$Q\
private entity or unit of government that
operates a tollway project pursuant to an
agreement with the department may impose
DQGFROOHFWWROOVRQWKHWROOZD\SURMHFW>
F†F†F†@
383.006 Authority of tollway operator.
A tollway operator may operate toll booth col-
lections, an electronic toll collection system, a
photo enforcement system or any combination
of toll booth collections, an electronic toll col-
OHFWLRQV\VWHPDQGDSKRWRHQIRUFHPHQWV\VWHP
>F†@
383.009 State Tollway Account; sources;
uses. (1) There is hereby established the State
 D1RWKLQJLQ256WR
prohibits a city or county from establishing a
WROORQDQ\KLJKZD\DVGHÀQHGLQ256
that the city or county has jurisdiction over as
DURDGDXWKRULW\SXUVXDQWWR256
Tollway Account as a separate account within
WKH6WDWH+LJKZD\)XQG7KH6WDWH7ROOZD\
$FFRXQWVKDOOFRQVLVWRI
(a) All moneys and revenues received by the
Department of Transportation from or made
 E1RWKLQJLQ256WRSUR-
hibits Multnomah County from establishing
a toll on the bridges across the Willamette
River that are within the boundaries of the
City of Portland and that are operated and
maintained by Multnomah County as required
XQGHU256DQG>F
†F†@
383.005 Agreements for tollway proj-
ects; operation of projects. (1) For purposes
of the acquisition, design, construction, recon-
struction, operation or maintenance and repair
of tollway projects, the Department of Trans-
portation may enter into any combination of
contracts, agreements and other arrangements
with any one or more private entities or units
of government, or any combination thereof,
LQFOXGLQJEXWQRWOLPLWHGWRWKHIROORZLQJ project;
(a) Design-build contracts with private enti-
ties pursuant to which a portion or all aspects
of the design, construction and installation
of all or any portion of a tollway project are
accomplished by the private entity;
(b) Lease agreements, lease-purchase agree-
ments and installment sale arrangements for
the lease, sale or purchase of real and personal
property for tollway projects by the state from
private entities or units of government or by
Miscellaneous Laws 3DJH
available by the federal government to the
department for any tollway project or for the
operation or maintenance of any tollway;
(b) Any moneys received by the department
from any other unit of government or any pri-
vate entity for a tollway project or from the
operation or maintenance of any tollway;
(c) All moneys and revenues received by
the department from any loan made by the
department for a tollway project pursuant to
256DQGIURPDQ\OHDVHDJUHHPHQW
franchise or license for the right to the posses-
sion and use, operation or management of a
tollway project;
(d) All tolls and other revenues received by
the department from the users of any tollway
(e) The proceeds of any bonds authorized to
be issued for tollway projects;
(f) Any moneys that the department has
legally transferred from the State Highway
Fund to the State Tollway Account for tollway
projects;
(g) All moneys and revenues received by
the department from all other sources that by
donation, grant, contract or law are allocated
or dedicated for tollway projects;
(2015 Edition)
 MISCELLANEOUS LAWS
(h) All interest earnings on investments
made from any of the moneys held in the State
Tollway Account; and
(i) All civil penalties and administrative fees
paid to the department from the enforcement
RIWROOV
(2) Moneys in the State Tollway Account may
be used by the department for the following
SXUSRVHV (5) Moneys in the State Tollway Account are
 
held in the State Tollway Account as security
for the obligations of a private entity unless
the department has entered into a binding
and enforceable agreement that provides the
department reasonable assurance that the
department will be repaid, with appropriate
interest, any amounts that the department is
UHTXLUHGWRDGYDQFHSXUVXDQWWRWKDWSOHGJH
continuously appropriated to the department
 D 7R ÀQDQFH SUHOLPLQDU\ VWXGLHV DQG IRUSXUSRVHVDXWKRUL]HGE\WKLVVHFWLRQ>
reports for any tollway project; F†F†F†
(b) To acquire land to be owned by the state F†@
for tollways and any related facilities therefor; 383.014 Interstate system compati-
 F7RÀQDQFHWKHFRQVWUXFWLRQUHQRYDWLRQ
operation, improvement, maintenance or
repair of any tollway project;
(d) To make grants or loans to a unit of gov-
ernment for tollway projects;
(e) To make loans to private entities for toll-
way projects;
(f) To pay the principal, interest and pre-
mium due with respect to, and to pay the
costs connected with the issuance or ongoing
DGPLQLVWUDWLRQRIDQ\ERQGVRURWKHUÀQDQFLDO
obligations authorized to be issued by, or the
proceeds of which are received by, the depart-
ment for any tollway project;
(g) To provide a guaranty or other security
IRUDQ\ERQGVRURWKHUÀQDQFLDOREOLJDWLRQV
LQFOXGLQJEXWQRWOLPLWHGWRÀQDQFLDOREOL-
gations with respect to any bond insurance,
surety or credit enhancement device issued
or incurred by the department, a unit of gov-
ernment or a private entity, for the purpose of
ÀQDQFLQJDVLQJOHWROOZD\SURMHFWRUDQ\UHODWHG
group or system of tollways or related facilities;
and
(h) To pay the costs incurred by the
department in connection with its oversight,
operation and administration of the State
Tollway Account, the proposals and projects
VXEPLWWHGXQGHU256DQGWKHWROOZD\
SURMHFWVÀQDQFHGXQGHU256
(3) For purposes of paying or securing bonds
or providing a guaranty, surety or other secu-
rity authorized by subsection (2)(g) of this
VHFWLRQWKHGHSDUWPHQWPD\ state funding is available for the proposed toll-
bility; rules. The Oregon Transportation
Commission shall set standards by rule for
electronic toll collection systems and photo
enforcement systems used on tollways in this
state to ensure that systems used in Oregon
and systems used in the State of Washington
are compatible to the extent technology per-
PLWV>F†@
383.015 Initiation of project; fees; rules;
conditions for authorization; studies.
(1) Tollway projects may be initiated by the
Department of Transportation, by a unit of gov-
ernment having an interest in the installation
of a tollway, or by a private entity interested in
FRQVWUXFWLQJRURSHUDWLQJDWROOZD\SURMHFW7KH
department shall charge an administrative
fee for reviewing and considering any tollway
project proposed by a private entity, which the
GHSDUWPHQWVKDOOHVWDEOLVKE\UXOH$OOVXFK
administrative fees shall be deposited into the
6WDWH7ROOZD\$FFRXQW
(2) The department shall adopt rules pur-
suant to which it will consider authorization
RIDWROOZD\SURMHFW7KHUXOHVVKDOOUHTXLUH
FRQVLGHUDWLRQRI
(a) The opinions and interests of units of
government encompassing or adjacent to the
path of the proposed tollway project in having
the tollway installed;
(b) The probable impact of the proposed toll-
way project on local environmental, aesthetic
and economic conditions and on the economy
of the state in general;
(c) The extent to which funding other than
 D,UUHYRFDEO\SOHGJHDOORUDQ\SRUWLRQ way project;
of the amounts that are credited to, or are (d) The likelihood that the estimated use
required to be credited to, the State Tollway RIWKHWROOZD\SURMHFWZLOOSURYLGHVXIÀFLHQW
Account; UHYHQXHVWRLQGHSHQGHQWO\ÀQDQFHWKHFRVWV
 E(VWDEOLVKVXEDFFRXQWVLQWKH6WDWH7ROO-
way Account, and make covenants regarding
the credit to and use of amounts in those
accounts and subaccounts; and
related to the construction and future mainte-
nance, repair and reconstruction of the tollway
project, including the repayment of any loans
to be made from moneys in the State Tollway
Account;
 F (VWDEOLVK VHSDUDWH WUXVW IXQGV RU
accounts and make covenants to transfer to
those separate trust funds or accounts all or
any portion of the amounts that are required
WREHGHSRVLWHGLQWKH6WDWH7ROOZD\$FFRXQW
(4) Notwithstanding any other provision of
256WRWKHGHSDUWPHQWVKDOO
not pledge any funds or amounts at any time
(e) With respect to tollway projects, any por-
WLRQRIZKLFKZLOOEHÀQDQFHGZLWKVWDWHIXQGV
RUGHSDUWPHQWORDQVRUJUDQWV
(A) The relative importance of the proposed
tollway project compared to other proposed
tollways; and

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS

 %7UDIÀFFRQJHVWLRQDQGHFRQRPLFFRQGL-
tions in the communities that will be affected
by competing tollway projects; and
(f) The effects of tollway implementation on
FRPPXQLW\DQGORFDOVWUHHWWUDIÀF
(3) Notwithstanding any other provision of
256WRQRWROOZD\SURMHFW
shall be authorized unless the department
ÀQGVWKDWHLWKHU apply to a person who fails to pay a toll estab-
(a) Based on the department’s estimate of
SUHVHQWDQGIXWXUHWUDIÀFSDWWHUQVWKHUHY-
enues generated by the tollway project will
EHVXIÀFLHQWDIWHUSD\PHQWRIDOOREOLJDWLRQV
incurred in connection with the acquisition,
construction and operation of such tollway
project, to ensure the continued maintenance,
repair and reconstruction of the tollway project
without the contribution of additional public
funds; or
(b) A person who is a member of a category
of persons exempted by the Oregon Transpor-
tation Commission from paying a toll; or
(c) A person who is a member of a category
of persons made eligible by the commission
for paying a reduced toll, to the extent of the
UHGXFWLRQ
(4) Subsection (1) of this section does not
lished under section 8, chapter 4, Oregon Laws

(5)(a) Upon receiving a request from the
State of Washington, or from the State of
Washington’s designee that has contracted
with the State of Washington to collect tolls,
the department shall provide information to
identify registered owners of vehicles who fail
to pay a toll established under section 8, chap-
WHU2UHJRQ/DZV
(b) The revenues generated by the toll-
ZD\SURMHFWZLOOEHDWOHDVWVXIÀFLHQWWRSD\
its operational expenses and a portion of the
costs of its construction, maintenance, repair
and reconstruction, and the importance of the
tollway project to the welfare or economy of
the state is great enough to justify the use of
public funding for a portion of its construction,
PDLQWHQDQFHUHSDLUDQGUHFRQVWUXFWLRQ
 E,IWKH6WDWHRI:DVKLQJWRQRUWKH6WDWH
of Washington’s designee that has contracted
with the State of Washington to collect tolls,
gives notice to the department that a person
has not paid a toll established under section 8,
chapter 4, Oregon Laws 2013, or a civil penalty
or administrative fee imposed by reason of fail-
ure to pay the toll, the department shall refuse
to renew the Oregon motor vehicle registration
 ,IWKHGHSDUWPHQWÀQGVWKDWDSURSRVHG
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under this section, the department may
conduct or cause to be conducted any environ-
mental, geological or other studies required by
law as a condition of construction of the tollway
SURMHFW7KHFRVWVRIFRPSOHWLQJWKHVWXGLHVIRU
any proposed tollway project may be paid from
moneys in the State Tollway Account that are
UHLPEXUVHGIURPWKHSHUPDQHQWÀQDQFLQJIRU
WKHSURMHFW>F†F†
of the motor vehicle operated by the person at
WKHWLPHRIWKHYLRODWLRQ
(c) The department may renew an Oregon
motor vehicle registration of a person described
in paragraph (b) of this subsection upon receipt
of a notice from the State of Washington, or
from the State of Washington’s designee, indi-
cating that all tolls, civil penalties and other
administrative fees owed by the person have
EHHQSDLG>F†F†@
383.045 Evidence from photo enforce-
F†F†@
383.025 Certain information provided
to Department of Transportation exempt
from disclosure. Sensitive business, commer-
FLDORUÀQDQFLDOLQIRUPDWLRQSUHVHQWHGWRWKH
Department of Transportation by a private
entity for the purpose of determining the fea-
sibility of the entity’s participation in a tollway
ment system; payment of fees. ([FHSW
as provided in subsection (2) of this section, a
recorded image of a vehicle and the registra-
tion plate of the vehicle produced by a photo
enforcement system at the time the driver of
the vehicle did not pay a toll shall be prima
facie evidence that the registered owner of the
YHKLFOHLVWKHGULYHURIWKHYHKLFOH
project is exempt from disclosure under ORS
WR>F†@
383.035 Failure to pay toll; penalty. (1)
A person who fails to pay a toll, established
SXUVXDQWWR256VKDOOSD\WRWKH
Department of Transportation the amount of
the toll, a civil penalty of not more than $25
and an administrative fee established by the
tollway operator not to exceed the actual cost
RIFROOHFWLQJWKHXQSDLGWROO
 ,IWKHUHJLVWHUHGRZQHURIDYHKLFOHLVD
person in the vehicle rental or leasing business,
the registered owner may elect to identify the
person who was operating the vehicle at the
time the toll was not paid or to pay the toll,
FLYLOSHQDOW\DQGDGPLQLVWUDWLYHIHH
(3) A registered owner of a vehicle who pays
the toll, civil penalty and administrative fee is
entitled to recover the same from the driver,
UHQWHURUOHVVHHRIWKHYHKLFOH>F†@
 ,QDGGLWLRQWRDQ\RWKHUSHQDOW\WKH
department shall refuse to renew the motor
vehicle registration of the motor vehicle owned
by a person who has not paid the toll, the civil
penalty and any administrative fee charged
XQGHUWKLVVHFWLRQ
383.055 Assessment and collection of
unpaid tolls; rules. The Oregon Transpor-
tation Commission shall establish a process by
rule for the assessment of unpaid tolls and the
collection of civil penalties and administrative
IHHVXQGHU256>F†@
 7KLVVHFWLRQGRHVQRWDSSO\WR 383.065 Information provided for toll
(a) A person operating a vehicle owned by a booth collections. The Department of Trans-
unit of government or the tollway operator; portation may provide to a tollway operator

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  &

the information needed by the operator for KD]DUGRXVPDWHULDODVGHÀQHGLQ256

toll booth collections or for the operation of contamination, utility or transportation emer-
an electronic toll collection system or a photo gencies, disease, blight, infestation, civil
HQIRUFHPHQWV\VWHP>F†@ disturbance, riot, sabotage, acts of terrorism
383.075 Driver records and information and war; and
used to collect and enforce tolls. ([FHSW
as provided in subsections (2) and (3) of this
section, records and information used to collect
and enforce tolls are exempt from disclosure
under public records law and are to be used
VROHO\IRUWROOFROOHFWLRQDQGWUDIÀFPDQDJHPHQW
(b) A rapid influx of individuals from
outside this state, a rapid migration of indi-
viduals from one part of this state to another
or a rapid displacement of individuals if the
LQÁX[PLJUDWLRQRUGLVSODFHPHQWUHVXOWVIURP
the type of event or circumstance described in
E\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ SDUDJUDSKDRIWKLVVXEVHFWLRQ
 ,QIRUPDWLRQFROOHFWHGRUPDLQWDLQHGE\  ´(PHUJHQF\VHUYLFHDJHQF\µPHDQVDQ
an electronic toll collection system may not be organization within a local government that
GLVFORVHGWRDQ\RQHH[FHSW performs essential services for the public’s
(a) The owner of an account that is charged EHQHÀWEHIRUHGXULQJRUDIWHUDQHPHUJHQF\
for the use of a tollway; VXFKDVODZHQIRUFHPHQWÀUHFRQWUROKHDOWK
medical and sanitation services, public works
 E$ÀQDQFLDOLQVWLWXWLRQDVQHFHVVDU\WR and engineering, public information and
collect tolls owed; FRPPXQLFDWLRQV
 F(PSOR\HHVRIWKHGHSDUWPHQW  ´(PHUJHQF\VHUYLFHVµPHDQVDFWLYLWLHV
(d) The tollway operator and authorized engaged in by state and local government
employees of the operator; agencies to prepare for an emergency and
to prevent, minimize, respond to or recover
 H$ODZHQIRUFHPHQWRIÀFHUZKRLVDFWLQJ
LQWKHRIÀFHU·VRIÀFLDOFDSDFLW\LQFRQQHFWLRQ
with toll enforcement; and
(f) An administrative law judge or court in
an action or proceeding in relation to unpaid
tolls or administrative fees or civil penalties
UHODWHGWRXQSDLGWROOV
from an emergency, including but not limited
to coordination, preparedness planning, train-
LQJLQWHUDJHQF\OLDLVRQÀUHÀJKWLQJRLORU
hazardous material spill or release cleanup
DVGHÀQHGLQ256ODZHQIRUFHPHQW
medical, health and sanitation services, engi-
neering and public works, search and rescue
activities, warning and public information,
 ,QIRUPDWLRQFROOHFWHGRUPDLQWDLQHGE\D GDPDJHDVVHVVPHQWDGPLQLVWUDWLRQDQGÀVFDO
photo enforcement system may not be disclosed PDQDJHPHQWDQGWKRVHPHDVXUHVGHÀQHGDV
WRDQ\RQHH[FHSW ´FLYLOGHIHQVHµLQ86&DSS
(a) The registered owner or apparent driver  ´/RFDOJRYHUQPHQWµKDVWKHPHDQLQJ
of the vehicle; JLYHQWKDWWHUPLQ256
 E(PSOR\HHVRIWKHGHSDUWPHQW  ´0DMRUGLVDVWHUµPHDQVDQ\HYHQWGHÀQHG
(c) The tollway operator and authorized DVD´PDMRUGLVDVWHUµXQGHU86&
employees of the operator; >F†F†F†
F†F†F†
 G$ODZHQIRUFHPHQWRIÀFHUZKRLVDFWLQJ F†F†F†
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with toll enforcement; and F†@
(e) An administrative law judge or court in
an action or proceeding in relation to unpaid
tolls or administrative fees or civil penalties Chapter 419C
UHODWHGWRXQSDLGWROOV>F†@

JUVENILE COURT PROCEEDINGS

Chapter 401
Waiver
419C.340 Authority to waive youth to
EMERGENCY MANAGEMENT adult court. ,QWKHFLUFXPVWDQFHVVHWIRUWKLQ
AND SERVICES 256&&&&
 'HÀQLWLRQVIRU256FKDSWHU DQG&WKHFRXUWPD\ZDLYHWKH\RXWK
401. $VXVHGLQWKLVFKDSWHU to the appropriate court handling criminal
DFWLRQVRUWRPXQLFLSDOFRXUW>F†
 ´(PHUJHQF\µPHDQVDKXPDQFUHDWHG F†@
or natural event or circumstance that causes
or threatens widespread loss of life, injury to 419C.358 Consolidation of nonwaivable
SHUVRQRUSURSHUW\KXPDQVXIIHULQJRUÀQDQ- and waivable charges. When a person is
FLDOORVVLQFOXGLQJEXWQRWOLPLWHGWR waived for prosecution as an adult, the person
shall be waived only on the actual charges jus-
 D)LUHH[SORVLRQÁRRGVHYHUHZHDWKHU WLI\LQJWKHZDLYHUXQGHU256&RU
landslides or mud slides, drought, earth- &DVWKHFDVHPD\EH$Q\QRQZDLY-
quake, volcanic activity, tsunamis or other able charges arising out of the same act or
oceanic phenomena, spills or releases of oil or

Miscellaneous Laws 3DJH (2015 Edition)

& MISCELLANEOUS LAWS
transaction as the waivable charge shall be
consolidated with the waivable charge for pur-
poses of conducting the adjudicatory hearing
RQWKHQRQZDLYDEOHFKDUJHV>F†
F†@
419C.361 Disposition of nonwaivable
consolidated charges and lesser included
offenses. (1) Notwithstanding that the juve-
nile court has waived the case under ORS
& & & &
&&DQG&WKHFRXUW
of waiver shall return the case to the juvenile
FRXUWXQOHVVDQDFFXVDWRU\LQVWUXPHQWLVÀOHG
in the court of waiver alleging, in the case of
DSHUVRQXQGHU\HDUVRIDJHDFULPHOLVWHG
LQ256&RULQWKHFDVHRIDQ\RWKHU
(a) That the criminal or municipal court
prior to hearing a case, other than a case
involving a parking violation, in which the
defendant is or appears to be under 18 years
of age notify the juvenile court of that fact; and
(b) That the juvenile court may direct that
any such case be waived to the juvenile court
IRUIXUWKHUSURFHHGLQJV
(3)(a) When a person who has been waived
under subsection (1)(c) of this section is con-
victed of a property offense, the municipal
court may impose any sanction authorized
IRUWKHRIIHQVHH[FHSWIRULQFDUFHUDWLRQ7KH
municipal court shall notify the juvenile court
RIWKHGLVSRVLWLRQRIWKHFDVH
SHUVRQDFULPHOLVWHGLQ256& (b) When a person has been waived under
Also in the case of a waived person, when a subsection (1) of this section and fails to appear
trial has been held in the court of waiver upon as summoned or is placed on probation and is
an accusatory instrument alleging a crime alleged to have violated a condition of the pro-
OLVWHGLQ256&RU&DV
the case may be, and the person is found guilty
of any lesser included offense that is not itself a
waivable offense, the trial court shall not sen-
tence the defendant therein, but the trial court
shall order a presentence report to be made in
the case, shall set forth in a memorandum such
observations as the court may make regarding
the case and shall then return the case to the
juvenile court in order that the juvenile court
make disposition in the case based upon the
JXLOW\ÀQGLQJLQWKHFRXUWRIZDLYHU'LVSR-
sition shall be as if the juvenile court itself
had found the youth to be in its jurisdiction
SXUVXDQWWR256&7KHUHFRUGVDQG
consequences of the case shall, in all respects,
be as if the juvenile court itself had found the
youth to be in its jurisdiction pursuant to ORS
&:KHQWKHSHUVRQLVIRXQGJXLOW\RI
a nonwaivable charge that was consolidated
ZLWKDZDLYDEOHFKDUJHXQGHU256&
the case shall be returned to the juvenile court
for disposition as provided in this subsection
IRUOHVVHULQFOXGHGRIIHQVHV
bation, the juvenile court may recall the case
WRWKHMXYHQLOHFRXUWIRUIXUWKHUSURFHHGLQJV
When a person has been returned to juvenile
court under this paragraph, the juvenile court
may proceed as though the person had failed to
appear as summoned to the juvenile court or
had violated a juvenile court probation order
XQGHU256&
(4) Records of cases waived under subsection
(1)(c) of this section are juvenile records for
SXUSRVHVRIH[SXQFWLRQXQGHU256$
>F†F†F†
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419C.372 Handling of motor vehicle,
boating or game cases not requiring
waiver. ,IWKH\RXWK·VFRQGXFWFRQVLVWVRULV
alleged to consist, of a violation of a law or
ordinance relating to the use or operation of a
motor vehicle, boating laws or game laws and
it appears to the court that the nature of the
offense and the youth’s background are such
that a proceeding as provided in this chapter
LVQRWZDUUDQWHGWKHFRXUWPD\KDQGOH
 1RWKLQJLQWKLVVHFWLRQRU256&
DSSOLHVWRDZDLYHUXQGHU256&RU
&>F†F†@
419C.370 Waiver of motor vehicle, boat-
ing, game, violation and property cases.
(1) The juvenile court may enter an order
GLUHFWLQJWKDWDOOFDVHVLQYROYLQJ FHHGLQJVLQYROYLQJWUDIÀFERDWLQJDQG
(a) Violation of a law or ordinance relating to
the use or operation of a motor vehicle, boating
laws or game laws be waived to criminal or
municipal court;
(1) Cases involving boating laws or game
ODZVDVSURYLGHGLQ256&
(2) Cases involving the use or operation of a
PRWRUYHKLFOHDVSURYLGHGXQGHU256
>F†F†@
419C.374 Alternative conduct of pro-
game cases. (1) A petition relating to boating
RUJDPHRIIHQVHVVKDOOEHÀOHGDVSURYLGHGLQ
256&&DQG&0RWRU
YHKLFOHRIIHQVHVDUHVXEMHFWWR256
 E$QRIIHQVHFODVVLÀHGDVDYLRODWLRQXQGHU
the laws of this state or a political subdivision
of this state be waived to municipal court if the
municipal court has agreed to accept jurisdic-
tion; and
(c) A misdemeanor that entails theft,
destruction, tampering with or vandalism
of property be waived to municipal court
if the municipal court has agreed to accept
MXULVGLFWLRQ
(2) Cases waived under subsection (1) of this
VHFWLRQDUHVXEMHFWWRWKHIROORZLQJ
Miscellaneous Laws 3DJH
 6XPPRQVDVSURYLGHGLQ256&
shall be issued to the parent or other person
having physical custody of the youth, requiring
the parent or other person to appear with the
youth before the court at the time and place
VWDWHGLQWKHVXPPRQV
(3) The summons may be served as provided
LQ256&&DQG&RU
by mailing a copy thereof to the parent or other
SHUVRQKDYLQJSK\VLFDOFXVWRG\RIWKH\RXWK,I
the summons is served personally, a warrant
PD\EHLVVXHGDVSURYLGHGLQ256&
(2015 Edition)
 MISCELLANEOUS LAWS  

(4) A hearing shall be held as provided in
256&&DQG&$WWKH
WHUPLQDWLRQRIWKHKHDULQJLIWKHFRXUWÀQGV
the matters alleged in the petition to be true,
LWPD\HQWHUDQRUGHUÀQGLQJWKH\RXWKWREH
D (b) Neither the state nor a juvenile depart-
(a) Youth motor vehicle offender and dispose
RIWKHFDVHDVSURYLGHGLQ256RU
(b) Youth boating law offender or a game
law offender and may dispose of the case as
(a) The court shall send a notice to the
Department of Transportation certifying that
the youth failed to appear and that the court
has ordered the suspension of the driving priv-
ileges of the youth; and
PHQWFRXQVHORUPD\ÀOHDSHWLWLRQXQGHU256
&DOOHJLQJWKDWWKH\RXWKLVZLWKLQWKH
jurisdiction of the court for having committed
an act that if committed by an adult would
SURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ FRQVWLWXWHDYLRODWLRQRI256>
F†@
 ,QDSURFHHGLQJXQGHUWKLVFKDSWHUWKH
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ing license or permit where a game violation is
involved and may make such other recommen- Chapter 447
GDWLRQVZKHUHDERDWLQJYLRODWLRQLVLQYROYHG
>F†F†@
PARKING SPACES FOR PERSONS
Disposition WITH DISABILITIES
447.233 Accessible parking space
(Suspension of Driving Privileges) requirements; inspection of spaces; vio-
lation. (1) The Director of the Department of
419C.472 Suspension of driving privi- Consumer and Business Services shall include
leges. (1) The court may order that the driving LQWKHVWDWHEXLOGLQJFRGHDVGHÀQHGLQ256
SULYLOHJHVRID\RXWKEHVXVSHQGHGLI DUHTXLUHPHQWWKDWWKHQXPEHURI
(a) The petition alleges that the youth is DFFHVVLEOHSDUNLQJVSDFHVVSHFLÀHGLQVXEVHF-
within the jurisdiction of the court for violatingtion (2) of this section be provided for affected
256 buildings subject to the state building code
and that the spaces be signed as required by
(b) The youth has been issued a summons
XQGHU256&DQG
(c) The youth fails to appear as required by
WKHVXPPRQV
(2) When a court issues an order under sub-
VXEVHFWLRQRIWKLVVHFWLRQ6SDFHVPD\DOVR
EHPDUNHGLQDPDQQHUVSHFLÀHGLQWKHVWDWH
EXLOGLQJFRGH
(2)(a) The number of accessible parking
VSDFHVVKDOOEH
VHFWLRQRIWKLVVHFWLRQ
___________________________________________________________________________
Required Required
Required Minimum Number Minimum Number of
Total Parking Minimum Number of Van “Wheelchair User
  ,Q/RW  $FFHVVLEOH6SDFHV $FFHVVLEOH6SDFHV 2QO\µ6SDFHV
1 to 25 1 1 -
  WR    
51 to 75 3 1 -
  WR    
101 to 150 5 - 1
 WR    
201 to 300 7 - 1
301 to 400 8 - 1
401 to 500 9 - 2
501 to 1,000 2% of total - 1 in every 8
accessible spaces or
portion thereof
1,001 and over 20 plus 1 for each - 1 in every 8
100 over 1,000 accessible spaces or
portion thereof
___________________________________________________________________________
 E,QDGGLWLRQRQHLQHYHU\HLJKWDFFHVVL- space shall be at least nine feet wide and shall
ble spaces, but not less than one, shall be van have an adjacent access aisle that is at least
DFFHVVLEOH:KHUHÀYHRUPRUHSDUNLQJVSDFHV HLJKWIHHWZLGH
are designated accessible, any space that is
designated as van accessible shall be reserved
IRUZKHHOFKDLUXVHUV$YDQDFFHVVLEOHSDUNLQJ

Miscellaneous Laws 3DJH (2015 Edition)

$ MISCELLANEOUS LAWS
(c) Accessible parking spaces shall be at
least nine feet wide and shall have an adjacent
DFFHVVDLVOHWKDWLVDWOHDVWVL[IHHWZLGH
(d) The access aisle shall be located on the
passenger side of the parking space except that
two adjacent accessible parking spaces may
VKDUHDFRPPRQDFFHVVDLVOH
(e) A sign shall be posted for each accessi-
EOHSDUNLQJVSDFH7KHVLJQVKDOOEHFOHDUO\
visible to a person parking in the space, shall
EHPDUNHGZLWKWKH,QWHUQDWLRQDO6\PERORI
Access and shall indicate that the spaces are
reserved for persons with disabled person
SDUNLQJSHUPLWV$YDQDFFHVVLEOHSDUNLQJ
space shall have an additional sign marked
256>F†F†
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Chapter 468A
MOTOR VEHICLE
POLLUTION CONTROL
 $'HÀQLWLRQVIRU256$
to 468A.400. $VXVHGLQ256$WR
$
´9DQ $FFHVVLEOHµ PRXQWHG EHORZ WKH VLJQ  ´&HUWLÀHGV\VWHPµPHDQVDPRWRUYHKLFOH
A van accessible parking space reserved SROOXWLRQFRQWUROV\VWHPIRUZKLFKDFHUWLÀ-
for wheelchair users shall have a sign that cate of approval has been issued under ORS
LQFOXGHVWKHZRUGV´:KHHOFKDLU8VHU2QO\µ $
(f) Accessible parking spaces and signs
shall be designed in compliance with the stan-
dards set forth by the Oregon Transportation
Commission in consultation with the Oregon
'LVDELOLWLHV&RPPLVVLRQ
  ´)DFWRU\LQVWDOOHG V\VWHPµ PHDQV D
motor vehicle pollution control system installed
by the manufacturer which meets criteria for
emission of pollutants in effect under federal
laws and regulations applicable on September
9, 1971, or which meets criteria adopted pur-
(3) No ramp or obstacle may extend into VXDQWWR256$ZKLFKHYHUFULWHULD
the parking space or the aisle, and curb cuts DUHVWULFWHU
and ramps may not be situated in such a way
that they could be blocked by a legally parked
YHKLFOH
(4) Parking spaces required by this section
shall be maintained so as to meet the require-
ments of this section at all times and to meet
the standards established by the state building
FRGH
(5) The director is authorized to inspect
parking spaces and facilities and buildings
subject to the provisions of this section, and
 ´0RWRUYHKLFOHµLQFOXGHVDQ\VHOISUR-
pelled vehicle used for transporting persons
or commodities on public roads and highways
but does not include a vehicle of special inter-
HVWDVWKDWWHUPLVGHÀQHGLQ256LI
the vehicle is maintained as a collector’s item
and used for exhibitions, parades, club activ-
ities and similar uses but not used primarily
for the transportation of persons or property,
RUDUDFLQJDFWLYLW\YHKLFOHDVGHÀQHGLQ256

to do whatever is necessary to enforce the
requirements, including the maintenance
UHTXLUHPHQWVRIWKLVVHFWLRQ0XQLFLSDOLWLHV
and counties may administer and enforce the
requirements of this section in the manner
SURYLGHGXQGHU256RUIRU
administration and enforcement of specialty
FRGHV$OOSODQVIRUSDUNLQJVSDFHVVXEMHFWWR
the provisions of this section must be approved
by the director prior to the creation of the
VSDFHV
 ´0RWRUYHKLFOHSROOXWLRQFRQWUROV\VWHPµ
means equipment designed for installation on
a motor vehicle for the purpose of reducing
the pollutants emitted from the vehicle, or a
V\VWHPRUHQJLQHDGMXVWPHQWRUPRGLÀFDWLRQ
which causes a reduction of pollutants emit-
WHGIURPWKHYHKLFOH>)RUPHUO\
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468A.355 Legislative findings. For
SXUSRVHVRI256$WR$WKH
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 5HTXLUHPHQWVDGRSWHGXQGHUWKLVVHFWLRQ
do not apply to long-term parking facilities at
WKH3RUWODQG,QWHUQDWLRQDO$LUSRUW
(7) Any reported violation of this section
shall be investigated by the administrative
DXWKRULW\7KHDGPLQLVWUDWLYHDXWKRULW\VKDOO
PDNHDÀQDOGHFLVLRQDQGRUGHUFRUUHFWLRQLI
QHFHVVDU\ZLWKLQGD\VRIQRWLÀFDWLRQ$Q\
aggrieved person may appeal within 30 days
of the decision by the administrative authority
to the appropriate municipal appeals board or,
at the option of the local jurisdiction, directly
to the Building Codes Structures Board estab-
OLVKHGXQGHU2567KHDSSHDOVKDOO
EHDFWHGXSRQZLWKLQGD\VRIÀOLQJ7KH
decision of the municipal appeals board may be
DSSHDOHGWRWKHERDUG7KHERDUGVKDOODFWRQ
WKHDSSHDOZLWKLQGD\VRIÀOLQJ$OODSSHDOV
WRWKHERDUGVKDOOEHÀOHGLQDFFRUGDQFHZLWK
Miscellaneous Laws 3DJH
(1) That the emission of pollutants from
PRWRUYHKLFOHVLVDVLJQLÀFDQWFDXVHRIDLU
SROOXWLRQLQPDQ\SRUWLRQVRIWKLVVWDWH
(2) That the control and elimination of such
pollutants are of prime importance for the pro-
tection and preservation of the public health,
safety and well-being and for the prevention of
irritation to the senses, interference with visi-
ELOLW\DQGGDPDJHWRYHJHWDWLRQDQGSURSHUW\
(3) That the state has a responsibility to
establish procedures for compliance with
standards which control or eliminate such
SROOXWDQWV
(4) That the Oregon goal for pure air quality
is the achievement of an atmosphere with no
detectable adverse effect from motor vehicle
air pollution on health, safety, welfare and the
(2015 Edition)
 MISCELLANEOUS LAWS  $

TXDOLW\RIOLIHDQGSURSHUW\>)RUPHUO\ (e) A parking ratio program that limits the

DQGWKHQ@ construction of new parking spaces for employ-
468A.360 Motor vehicle emission and PHQWUHWDLODQGFRPPHUFLDOORFDWLRQV
noise standards; copy to Department of
Transportation. (1) After public hearing and
in accordance with the applicable provisions of
256FKDSWHUWKH(QYLURQPHQWDO4XDOLW\
Commission may adopt motor vehicle emission
VWDQGDUGV)RUWKHSXUSRVHVRIWKLVVHFWLRQWKH
 I(PLVVLRQUHGXFWLRQVUHVXOWLQJIURPDQ\
QHZIHGHUDOPRWRUYHKLFOHIXHOWD[
(g) State and federal alternative fuel vehi-
FOHVÁHHWSURJUDPVWKDWUHVXOWLQHPLVVLRQ
UHGXFWLRQV
commission may include, as a part of such stan-
dards, any standards for the control of noise
HPLVVLRQVDGRSWHGSXUVXDQWWR256
(2) The commission shall furnish a copy of
standards adopted pursuant to this section to
the Department of Transportation and shall
publish notice of the standards in a manner
reasonably calculated to notify affected mem-
EHUVRIWKHSXEOLF>)RUPHUO\@
468A.363 Purpose of ORS 468A.363,
468A.365, 468A.400 and 815.300. The Leg-
islative Assembly declares the purpose of ORS
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LVWR SDUWRI$WR$E\OHJLVODWLYH
 K,QVWDOODWLRQRIPD[LPXPDFKLHYDEOHFRQ-
trol technology by major sources of hazardous
air pollutants as required by the federal Clean
Air Act, as amended, resulting in emission
UHGXFWLRQV
(i) As a safety margin, or as a substitute
in whole or in part for other elements of the
plan, emission reductions resulting from any
new state gasoline tax or for any new vehicle
registration fee that allows use of revenue for
DLUTXDOLW\LPSURYHPHQWSXUSRVHV>F
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action but was not added to any smaller series
 ,QVXUHWKDWWKHKHDOWKRIFLWL]HQVLQWKH WKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDW-
Portland area is not threatened by recurring XWHVIRUIXUWKHUH[SODQDWLRQ
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 $&HUWLÀFDWLRQRIPRWRUYHKLFOH
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ronmental Quality Commission to implement
one of the critical elements of the air quality
maintenance strategy for the Portland area
related to improvements in the motor vehicle
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pollution control systems and inspection
of motor vehicles; rules. 7KH(QYLURQPHQWDO
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(1) Determine and adopt by rule criteria for
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mental Quality is able to submit an approvable
air quality maintenance plan for the Portland
DUHDWKURXJKWKH\HDUWRWKH(QYLURQ-
mental Protection Agency as soon as possible
so that area can again be designated as an
attainment area and impediments to indus-
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(a) The experience of any other state or the
federal government;
(b) The cost of the system and of its
installation;
(c) The durability of the system;
(d) The ease of determining whether the
 'LUHFWWKH(QYLURQPHQWDO4XDOLW\&RP- system, when installed on a motor vehicle, is
mission to use existing authority to incorporate functioning properly; and
the following programs for emission reduction (e) Any other factors which, in the opinion of
credits into the air quality maintenance plan the commission, render such a system suitable
IRUWKH3RUWODQGDUHD for the control of motor vehicle air pollution
 D&DOLIRUQLDRU8QLWHG6WDWHV(QYLURQPHQ-
tal Protection Agency emission standards for
new lawn and garden equipment sold in the
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(b) Transportation-efficient land use
requirements of the transportation planning
or for the protection of the health, safety and
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(2) Prescribe by rule the manner in which
a motor vehicle pollution control system shall
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scribe a more rigorous inspection procedure in
rule adopted by the Land Conservation and WKHDUHDVGHVLJQDWHGXQGHU256
'HYHORSPHQW&RPPLVVLRQ (a), including any expansion of such boundary
XQGHU256ELQRUGHUWRUHGXFH
 F,PSURYHPHQWVLQWKHYHKLFOHLQVSHFWLRQ
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on-road vehicles resulting from enhanced test-
ing, elimination of exemptions for 1974 and
later model year vehicles, and expansion of
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(d) An employer trip reduction program that
air pollution emissions in those areas of the
VWDWH1RVXFKUXOHVKDOOUHTXLUHWHVWLQJIRU
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period for which registration or renewal of reg-
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vehicle that is exempted from the requirement
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provides an emission reduction from on-road  ,VVXHFHUWLÀFDWHVRIDSSURYDOIRUFODVVHV
YHKLFOHV of motor vehicle pollution control systems
which, after being tested by the commission

Miscellaneous Laws 3DJH (2015 Edition)

$ MISCELLANEOUS LAWS

or by a method acceptable to the commission, (2) Subject to rules of the commission, the
WKHFRPPLVVLRQÀQGVPHHWWKHFULWHULDDGRSWHG 'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\VKDOO
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ  D,VVXHOLFHQVHVWRDQ\SHUVRQW\SHRI
  'HVLJQDWH E\ UXOH FODVVLÀFDWLRQV RI HTXLSPHQW DSSDUDWXV RU PHWKRG TXDOLÀHG
PRWRUYHKLFOHVIRUZKLFKFHUWLÀHGV\VWHPVDUH SXUVXDQWWRVXEVHFWLRQRIWKLVVHFWLRQ
DYDLODEOH (b) Revoke, suspend or modify licenses
 5HYRNHVXVSHQGRUUHVWULFWDFHUWLÀFDWH issued pursuant to paragraph (a) of this sub-
of approval previously issued upon a determi- section in accordance with the provisions of
nation that the system no longer meets the 256FKDSWHUUHODWLQJWRFRQWHVWHGFDVHV
criteria adopted under subsection (1) of this  F ,VVXH FHUWLILFDWHV RI FRPSOLDQFH IRU
section pursuant to procedures for a contested motor vehicles which, after being tested in
FDVHXQGHU256FKDSWHU accordance with the rules of the commission,
 'HVLJQDWHVXLWDEOHPHWKRGVDQGVWDQ-
dards for testing systems and inspecting motor
vehicles to determine and insure compliance
with the standards and criteria established by
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meet the criteria established under subsection
(1) of this section and the standards adopted
SXUVXDQWWR256$WR$DQG
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468A.385 Determination of compliance
 ([FHSWDVSURYLGHGLQ256$
contract for the use of or the performance of
tests or other services within or without the
VWDWH>)RUPHUO\F†@
468A.370 Cost-effective inspection
program; contracts for inspections. The
(QYLURQPHQWDO 4XDOLW\ &RPPLVVLRQ VKDOO
determine the most cost-effective method of
conducting a motor vehicle pollution control
system inspection program as required by
256$8SRQÀQGLQJWKDWVDYLQJV
WRWKHSXEOLFDQGLQFUHDVHGHIÀFLHQF\ZRXOG
result and the quality of the program would
be adequately maintained, the commission
may contract with a unit of local government
or with a private individual, partnership or
corporation authorized to do business in the
State of Oregon, for the performance of tests
or other services associated with conducting a
motor vehicle pollution control system inspec-
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468A.375 Notice to state agencies con-
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Department of Transportation and the Oregon
6WDWH3ROLFHZKHQHYHUFHUWLÀFDWHVRIDSSURYDO
for motor vehicle pollution control systems are
of motor vehicles. 7KH(QYLURQPHQWDO
Quality Commission shall establish and main-
tain procedures and programs for determining
whether motor vehicles meet the minimum
UHTXLUHPHQWVQHFHVVDU\WRVHFXUHDFHUWLÀFDWH
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(2) Such procedures and programs include,
but are not limited to, the installation of a cer-
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other mechanical work performed on the motor
vehicle in accordance with the requirements
RIWKHFRPPLVVLRQ>)RUPHUO\@
468A.387 Operating schedules for
testing stations. (1) The Department of
(QYLURQPHQWDO4XDOLW\VKDOOHVWDEOLVKÁH[-
ible weekday operating schedules for testing
stations that conduct motor vehicle pollution
control system inspections described under
256$WKDWH[WHQGWKHKRXUVRIRSHU-
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(2) After determining the hours of operation
for testing stations under subsection (1) of this
section, the department shall advertise the
hours of operation in as many ways as practi-
FDEOHLQFOXGLQJEXWQRWOLPLWHGWR
approved, revoked, suspended or restricted by
WKH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQ>)RU-
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468A.380 Licensing of personnel and
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 D(QFORVLQJLQIRUPDWLRQDERXWWKHKRXUVRI
operation in all mailings and notices related
to motor vehicle emission testing and motor
vehicle registration renewal notices;
(b) Posting the hours of operation at Depart-
cles; rules. 7KH(QYLURQPHQWDO4XDOLW\ PHQWRI7UDQVSRUWDWLRQÀHOGRIÀFHV
&RPPLVVLRQE\UXOHPD\ (c) Broadcasting public service announce-
 D(VWDEOLVKFULWHULDDQGH[DPLQDWLRQVIRU ments; and
WKHTXDOLÀFDWLRQRISHUVRQVHOLJLEOHWRLQVSHFW
motor vehicles and motor vehicle pollution
FRQWUROV\VWHPVDQGH[HFXWHWKHFHUWLÀFDWHV
GHVFULEHGXQGHU256DQGIRUWKHSUR-
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 G8VLQJDSSURSULDWH,QWHUQHWDQGRWKHU
electronic media services that may be avail-
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468A.390 Designation of areas of the
state subject to motor vehicle emission
 E (VWDEOLVK FULWHULD DQG H[DPLQDWLRQV
IRUWKHTXDOLÀFDWLRQRIHTXLSPHQWDSSDUDWXV
and methods used by persons to inspect motor
vehicles and motor vehicle pollution control
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inspection program; rules. ,IWKHQHHG
for a motor vehicle pollution control system
LQVSHFWLRQSURJUDPLVLGHQWLÀHGIRUDQDUHDLQ
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 F(VWDEOLVKFULWHULDDQGH[DPLQDWLRQVIRU Commission, by rule, shall designate bound-
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vehicles are subject to the requirement under

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  $

256WRKDYHDFHUWLÀFDWHRIFRPSOLDQFH LVVXDQFHRIFHUWLÀFDWHVVKDOOEHHVWDEOLVKHG
LVVXHGXQGHU256$WREHUHJLVWHUHG E\WKH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQ
RUKDYHWKHUHJLVWUDWLRQRIWKHYHKLFOHUHQHZHG in an amount based upon the costs of admin-
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Commission designates boundaries under this
section within which vehicles are subject to the
UHTXLUHPHQWVRI256WKHFRPPLVVLRQ
shall notify the Department of Transportation
and shall provide the Department of Transpor-
tation with information necessary to perform
the Department of Transportation’s duties
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fees, the commission shall determine the most
cost effective program consistent with Clean
Air Act requirements for each area of the state
SXUVXDQWWR256$
(2) The department shall collect the fees
established pursuant to subsection (1)(b) of
this section at the time of the issuance of cer-
WLÀFDWHVRIFRPSOLDQFHDVUHTXLUHGE\256
468A.395 Bond or letter of credit; $F
remedy against person licensed under (3) On or before the 15th day of each month,
ORS 468A.380; cancellation of license. the commission shall pay into the State Trea-
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FRPSOLDQFHSXUVXDQWWR256$VKDOO
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Quality a surety bond or an irrevocable letter
of credit issued by an insured institution, as
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credit shall be executed to the State of Oregon
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form by the Attorney General, and shall be con-
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be made only by persons who meet the quali-
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Commission and will be made without fraud or
fraudulent representations and without violat-
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sury all moneys received as fees pursuant to
subsections (1) and (2) of this section during
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Treasurer shall credit such money to the
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Vehicle Pollution Account, which is hereby
FUHDWHG7KHPRQH\VLQWKH'HSDUWPHQWRI
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tion Account are continuously appropriated to
the department to be used by the department
solely or in conjunction with other state agen-
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(a) Any expenses incurred by the department
and, if approved by the Governor, any expenses
incurred by the Department of Transportation
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licensing of persons, equipment, apparatus or
 ,QDGGLWLRQWRDQ\RWKHUUHPHG\WKDWD
person may have, if any person suffers any loss
or damage by reason of the fraud, fraudulent
representations or violation of any of the provi-
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methods in accordance with the provisions of
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(b) Such other expenses as are necessary to
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and control the emission of pollutants from
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the injured person has the right of action
against the business employing such licensed
person and a right of action in the person’s own
name against the surety upon the bond or the
OHWWHURIFUHGLWLVVXHU
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Quality may enter into an agreement with
the Department of Transportation to collect
the licensing and renewal fees described in
subsection (1)(a) of this section subject to the
fees being paid and credited as provided in sub-
(3) The license issued pursuant to ORS
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by legal notice shall be canceled immediately
E\WKHGHSDUWPHQW,IWKHOLFHQVHLVQRWUHQHZHG
or is voluntarily or involuntarily canceled, the
sureties of the bond or the letter of credit issu-
ers shall be relieved from liability accruing
subsequent to such cancellation by the depart-
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468A.400 Fees; collection; use. (1) The
'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\VKDOO limit, control or prohibit motor vehicle oper-
VHFWLRQRIWKLVVHFWLRQ>)RUPHUO\
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468A.405 Authority to limit motor
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regional air pollution control authorities
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 D(VWDEOLVKDQGFROOHFWIHHVIRUDSSOLFDWLRQ DWLRQDQGWUDIÀFDVQHFHVVDU\IRUWKHFRQWURO
examination and licensing of persons, equip- of air pollution which presents an imminent
ment, apparatus or methods in accordance with and substantial endangerment to the health of
256$DQGZLWKLQWKHIROORZLQJOLPLWV SHUVRQV>)RUPHUO\DQGWKHQ@
 $7KHIHHIRUOLFHQVLQJVKDOOQRWH[FHHG 468A.410 Administration and enforce-
(B) The fee for renewal of licenses shall not ment of rules adopted under ORS
H[FHHG 468A.405. Cities, counties, municipal cor-
porations and other agencies, including the
 E(VWDEOLVKIHHVIRUWKHLVVXDQFHRIFHU- Department of State Police and the Depart-
WLÀFDWHVRIFRPSOLDQFH7KHGHSDUWPHQWPD\ ment of Transportation, shall cooperate with
classify motor vehicles and establish a dif- WKH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQDQG
IHUHQWIHHIRUHDFKVXFKFODVV7KHIHHIRUWKH regional air pollution control authorities in the

Miscellaneous Laws 3DJH (2015 Edition)

$ MISCELLANEOUS LAWS

administration and enforcement of the terms of or guardian of the minor and with such par-
DQ\UXOHDGRSWHGSXUVXDQWWR256$ ent’s or guardian’s consent, a person under 21
>)RUPHUO\DQGWKHQ@ years of age may not have personal possession
 $/HJLVODWLYHÀQGLQJVThe Legis- RIDOFRKROLFEHYHUDJHV
ODWLYH$VVHPEO\ÀQGVWKDWH[WHQGLQJDGGLWLRQDO (2) For the purposes of this section, personal
statewide controls and fees on industrial and possession of alcoholic beverages includes the
motor vehicle sources of air pollution may not acceptance or consumption of a bottle of such
EHVXIÀFLHQWWRDWWDLQDQGPDLQWDLQGHVLUHG beverages, or any portion thereof or a drink
air quality standards in the Portland-Vancou- RIVXFKEHYHUDJHV+RZHYHUWKLVVHFWLRQGRHV
YHUDLUTXDOLW\PDLQWHQDQFHDUHD$GGLWLRQDO not prohibit the acceptance or consumption by
approaches are needed to address growth in any person of sacramental wine as part of a
vehicle miles of travel that satisfy mobility UHOLJLRXVULWHRUVHUYLFH
needs and allow for economic growth while   ([FHSW DV DXWKRUL]HG E\ UXOH RU DV
PHHWLQJWKHDLUTXDOLW\JRDOVIRUWKHUHJLRQ necessitated in an emergency, a person under
>F†@ 21 years of age may not enter or attempt to
468A.420 Oxygenated motor vehicle enter any portion of a licensed premises that
fuels; when required by rule. 7KH(QYL- LVSRVWHGRURWKHUZLVHLGHQWLÀHGDVEHLQJSUR-
ronmental Quality Commission shall adopt KLELWHGWRWKHXVHRIPLQRUV
rules consistent with section 211 of the Clean  D([FHSWDVSURYLGHGLQSDUDJUDSKERI
Air Act to require oxygenated motor vehicle this subsection, a person who violates subsec-
fuels to be used in any carbon monoxide non- tion (1) or (3) of this section commits a Class B
DWWDLQPHQWDUHDLQWKHVWDWH YLRODWLRQ
(2) The rules adopted under subsection (1) (b) A person commits a Class A violation if
RIWKLVVHFWLRQVKDOOUHTXLUH the person violates subsection (1) of this section
(a) Oxygenated fuels to be used during by reason of personal possession of alcoholic
any portion of the year during which the beverages while the person is operating a
nonattainment area is prone to high ambient PRWRUYHKLFOHDVGHÀQHGLQ256
FRQFHQWUDWLRQVRIFDUERQPRQR[LGH  ,QDGGLWLRQWRDQGQRWLQOLHXRIDQ\
(b) The use of oxygenated fuels in carbon other penalty established by law, a person
monoxide nonattainment areas on or before under 21 years of age who violates subsection
1RYHPEHU (1) of this section through misrepresentation
 $QR[\JHQDWHGIXHOVKDOOFRQWDLQ of age may be required to perform community
SHUFHQWRUPRUHR[\JHQE\ZHLJKW0HWKRGV service and the court shall order that the per-
to achieve this requirement may include but son’s driving privileges and right to apply for
driving privileges be suspended for a period
QHHGQRWEHOLPLWHGWRWKHXVHRIHWKDQROEOHQGV
>F†E@ QRWWRH[FHHGRQH\HDU,IDFRXUWKDVLVVXHGDQ
order suspending driving privileges under this
468A.455 Police enforcement. The section, the court, upon petition of the person,
Oregon State Police, the county sheriff and may withdraw the order at any time the court
municipal police are authorized to use such GHHPVDSSURSULDWH7KHFRXUWQRWLÀFDWLRQWR
reasonable force as is required in the enforce-the Department of Transportation under this
ment of any rule adopted pursuant to ORS subsection may include a recommendation that
$DQGPD\WDNHVXFKUHDVRQDEOHVWHSV the person be granted a hardship permit under
as are required to assure compliance there- 256LIWKHSHUVRQLVRWKHUZLVHHOLJLEOH
ZLWKLQFOXGLQJEXWQRWOLPLWHGWR IRUWKHSHUPLW
(1) Locating appropriate signs and signals  ,IDSHUVRQFLWHGXQGHUWKLVVHFWLRQLVDW
for detouring, prohibiting and stopping motor least 13 years of age but less than 21 years of
YHKLFOHWUDIÀFDQG age at the time the person is found in default
 ,VVXLQJZDUQLQJVRUFLWDWLRQV>)RUPHUO\XQGHU256RU&IRUIDLOXUHWR
DQGWKHQ@ appear, in addition to and not in lieu of any
other penalty, the court shall issue notice
XQGHU256WRWKHGHSDUWPHQWIRUWKH
department to suspend the person’s driving
Chapter 471 SULYLOHJHVXQGHU256
 ,QDGGLWLRQWRDQGQRWLQOLHXRIDQ\SHQ-
PROHIBITIONS RELATING alty established by law, the court may order a
person who violates this section to undergo
TO LIQUOR assessment and treatment as provided in ORS
471.430 Purchase or possession of alco- 7KHFRXUWVKDOORUGHUDSHUVRQWR
holic beverages by person under 21; entry undergo assessment and treatment as provided
of licensed premises by person under 21; LQ256LIWKHSHUVRQKDVSUHYLRXVO\
penalty; immunity; suspension of driv- EHHQIRXQGWRKDYHYLRODWHGWKLVVHFWLRQ
ing privileges; assessment and treatment. (8) The prohibitions of this section do not
(1) A person under 21 years of age may not apply to a person under 21 years of age who is
attempt to purchase, purchase or acquire alco- acting under the direction of the Oregon Liquor
KROLFEHYHUDJHV([FHSWZKHQVXFKPLQRULVLQ Control Commission or under the direction of
a private residence accompanied by the parent state or local law enforcement agencies for the

Miscellaneous Laws Page 700 (2015 Edition)

 MISCELLANEOUS LAWS  

purpose of investigating possible violations of  6XEMHFWWR256YLRODWLRQRI256

laws prohibiting sales of alcoholic beverages RURURIDQ\UXOHRUUHJXODWLRQ
WRSHUVRQVZKRDUHXQGHU\HDUVRIDJH of the State Parks and Recreation Department
(9) The prohibitions of this section do not promulgated thereunder is a Class B misde-
apply to a person under 21 years of age who is PHDQRU>6XEVHFWLRQRI5HSODFHPHQW
acting under the direction of a licensee for the 3DUWIRUPHUO\F†VXEVHF-
purpose of investigating possible violations by WLRQHQDFWHGDVF†VXEVHFWLRQ
employees of the licensee of laws prohibiting HQDFWHGDVF†DQGF†
sales of alcoholic beverages to persons who are F†F†F
XQGHU\HDUVRIDJH †F†F†@
(10)(a) A person under 21 years of age is not
in violation of, and is immune from prosecution
XQGHUWKLVVHFWLRQLI Chapter 480
(A) The person contacted emergency med-
ical services or a law enforcement agency in EXPLOSIVES AND
order to obtain medical assistance for another FLAMMABLE MATERIALS
person who was in need of medical assistance
due to alcohol consumption and the evidence Explosives Generally
of the violation of this section was obtained as
a result of the person’s having contacted emer- 480.050 Prohibition against intrastate
gency medical services or a law enforcement transportation of explosives in passen-
agency; or ger vehicle operated by common carrier;
exception. No person shall transport, carry
(B) The person was in need of medical or convey, or have transported, carried or con-
assistance due to alcohol consumption and the veyed, any dynamite, gunpowder or other like
evidence of the violation of this section was explosives, between any places in Oregon, on
obtained as a result of the person’s having any car or other vehicle of any description oper-
VRXJKWRUREWDLQHGWKHPHGLFDODVVLVWDQFH ated by a common carrier which car or vehicle
(b) Paragraph (a) of this subsection does not LVFDUU\LQJSDVVHQJHUVIRUKLUH+RZHYHULW
exclude the use of evidence obtained as a result shall be lawful to transport on any such car or
of a person’s having sought medical assistance vehicle small arms, ammunition in any quan-
in proceedings for crimes or offenses other than tity, such fuses, torpedoes, rockets or other
DYLRODWLRQRIWKLVVHFWLRQ>$PHQGHGE\ signal devices as may be essential to promote
F†F†F† safety in operation, and properly packed and
F†F†F† marked samples of explosives for laboratory
F†F†F† examination, not exceeding a net weight of
F†F†F† one-half pound each and not exceeding 20
F†F†@ VDPSOHVDWRQHWLPHLQDVLQJOHFDURUYHKLFOH
Such samples shall not be carried in that part
of a car or vehicle which is intended for the
WUDQVSRUWDWLRQRISDVVHQJHUVIRUKLUH1RWKLQJ
Chapter 476 in this section shall be construed to prevent
the transportation of military or naval forces,
with their accompanying munitions of war, on
THROWING AWAY SDVVHQJHUHTXLSPHQWFDUVRUYHKLFOHV
LIGHTED OBJECTS
480.060 Transportation of certain
476.715 Throwing away of lighted explosives prohibited. No person shall
matches, cigarettes and other materials transport, carry or convey, or have transported,
prohibited; posting copy of section in carried or conveyed, liquid nitroglycerine, ful-
public conveyances. No one shall, at any minate in bulk in dry condition, or other like
time, throw away any lighted tobacco, cigars, explosives, between any places in Oregon, on
cigarettes, matches or other lighted material, any car or other vehicle of any description oper-
on any forestland, private road, public high- ated by a common carrier in the transportation
ZD\RUUDLOURDGULJKWRIZD\ZLWKLQWKLVVWDWH RISDVVHQJHUV
(YHU\RQHRSHUDWLQJDSXEOLFFRQYH\DQFHVKDOO
post a copy of this section in a conspicuous Regulation of Gasoline Dispensing
place within the smoking compartments of
VXFKFRQYH\DQFH>)RUPHUO\@  'HÀQLWLRQVIRU256WR
480.385. $VXVHGLQ256WR
476.990 Penalties. (1) Violation of ORS
LVD&ODVV$PLVGHPHDQRU   ´&ODVV  ÁDPPDEOH OLTXLGVµ PHDQV
OLTXLGVZLWKDÁDVKSRLQWEHORZGHJUHHV
 9LRODWLRQRI256LVD&ODVV )DKUHQKHLWFORVHGFXSWHVWHU
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 ´1RQUHWDLOIDFLOLW\µPHDQVDQXQDWWHQGHG
 9LRODWLRQRI256WRLVD IDFLOLW\ZKHUH&ODVVÁDPPDEOHOLTXLGVDUH
&ODVV&PLVGHPHDQRU dispensed through a card or key activated
 9LRODWLRQRIDQ\SURYLVLRQRI256 IXHOGLVSHQVLQJGHYLFHWRQRQUHWDLOFXVWRPHUV
WRLVD&ODVV$PLVGHPHDQRU >$PHQGHGE\F†@

Miscellaneous Laws Page 701 (2015 Edition)

 MISCELLANEOUS LAWS

480.315 Policy. The Legislative Assem-  F,QFUHDVHVVHOIVHUYLFHGLVSHQVLQJDQG

bly declares that, except as provided in ORS thereby decreases maintenance checks by
WRLWLVLQWKHSXEOLFLQWHUHVW attendants, which results in neglect of main-
to maintain a prohibition on the self-service tenance, endangering both the customer and
GLVSHQVLQJRI&ODVVÁDPPDEOHOLTXLGVDW other motorists and resulting in unnecessary
UHWDLO7KH/HJLVODWLYH$VVHPEO\ÀQGVDQG and costly repairs;
GHFODUHVWKDW (11) The increased use of self-service at
 7KHGLVSHQVLQJRI&ODVVÁDPPDEOH
liquids by dispensers properly trained in appro-
SULDWHVDIHW\SURFHGXUHVUHGXFHVÀUHKD]DUGV
directly associated with the dispensing of
&ODVVÁDPPDEOHOLTXLGV states does not provide a sustained reduction
(2) Appropriate safety standards often are
unenforceable at retail self-service stations in
other states because cashiers are often unable
to maintain a clear view of and give undivided
DWWHQWLRQWRWKHGLVSHQVLQJRI&ODVVÁDPPD-
ble liquids by customers;
(3) Higher liability insurance rates charged
WRUHWDLOVHOIVHUYLFHVWDWLRQVUHÁHFWWKHGDQ-
gers posed to customers when they leave their
YHKLFOHVWRGLVSHQVH&ODVVÁDPPDEOHOLTXLGV
such as the increased risk of crime and the
increased risk of personal injury resulting
from slipping on slick surfaces;
(4) The dangers of crime and slick surfaces
described in subsection (3) of this section
are enhanced because Oregon’s weather is
retail in other states has contributed to dimin-
ishing the availability of automotive repair
facilities at gasoline stations;
(12) Self-service dispensing at retail in other
in fuel prices charged to customers;
(13) A general prohibition of self-service
GLVSHQVLQJRI&ODVVÁDPPDEOHOLTXLGVE\
the general public promotes public welfare by
providing increased safety and convenience
without causing economic harm to the public
in general;
(14) Self-service dispensing at retail con-
tributes to unemployment, particularly among
young people;
(15) Self-service dispensing at retail
presents a health hazard and unreasonable
discomfort to persons with disabilities, elderly
persons, small children and those susceptible
to respiratory diseases;
uniquely adverse, causing wet pavement and
reduced visibility;
(5) The dangers described in subsection (3)
of this section are heightened when the cus-
tomer is a senior citizen or has a disability,
especially if the customer uses a mobility aid,
such as a wheelchair, walker, cane or crutches;
 7KHIHGHUDO$PHULFDQVZLWK'LVDELOLWLHV
$FW3XEOLF/DZUHTXLUHVWKDWHTXDO
access be provided to persons with disabilities
at retail gasoline stations; and
(17) Small children left unattended when
customers leave to make payment at retail
self-service stations creates a dangerous situ-
DWLRQ>F†DF†
 $WWHPSWVE\RWKHUVWDWHVWRUHTXLUHWKH
providing of aid to senior citizens and persons
with disabilities in the self-service dispens-
LQJRI&ODVVÁDPPDEOHOLTXLGVDWUHWDLOKDYH
failed, and therefore, senior citizens and per-
sons with disabilities must pay the higher costs
of full service;
F†@
480.320 Use of coin-operated pumps
and dispensing of gasoline by self-ser-
vice declared hazardous. The installation
and use of coin-operated dispensing devices for
&ODVVÁDPPDEOHOLTXLGVDQGWKHGLVSHQVLQJ
RI&ODVVÁDPPDEOHOLTXLGVE\VHOIVHUYLFH
 ([SRVXUHWRWR[LFIXPHVUHSUHVHQWVD
health hazard to customers dispensing Class
ÁDPPDEOHOLTXLGV
(8) The hazard described in subsection (7) of
this section is heightened when the customer
is pregnant;
DUHGHFODUHGKD]DUGRXV>$PHQGHGE\
F†@
480.330 Operation of gasoline dis-
pensing device by public prohibited;
aviation fuel exception. An owner, operator
RUHPSOR\HHRIDÀOOLQJVWDWLRQVHUYLFHVWD-
 7KHH[SRVXUHWR&ODVVÁDPPDEOHOLT- tion, garage or other dispensary where Class
uids through dispensing should, in general, be ÁDPPDEOHOLTXLGVH[FHSWDYLDWLRQIXHOVDUH
limited to as few individuals as possible, such dispensed at retail may not permit any person
as gasoline station owners and their employees other than the owner, operator or employee
RURWKHUWUDLQHGDQGFHUWLÀHGGLVSHQVHUV to use or manipulate any pump, hose, pipe or
(10) The typical practice of charging sig- other device for dispensing the liquids into
QLÀFDQWO\KLJKHUSULFHVIRUIXOOVHUYLFHIXHO the fuel tank of a motor vehicle or other retail
dispensing in states where self-service is per- FRQWDLQHU>$PHQGHGE\F†@
PLWWHGDWUHWDLO 480.340 Coin-operated or self-service
(a) Discriminates against customers with gasoline pumps prohibited; automatic
lower incomes, who are under greater economic shut-off devices regulated; aviation fuel
pressure to subject themselves to the inconve- exception. An owner, operator or employee of
nience and hazards of self-service; DÀOOLQJVWDWLRQVHUYLFHVWDWLRQJDUDJHRURWKHU
GLVSHQVDU\ZKHUH&ODVVÁDPPDEOHOLTXLGV
(b) Discriminates against customers who are except aviation fuels, are dispensed at retail
elderly or have disabilities who are unable to PD\QRWLQVWDOORUXVHRUSHUPLWWKHXVHRI
VHUYHWKHPVHOYHVDQGVRPXVWSD\WKHVLJQLÀ-
cantly higher prices; and

Miscellaneous Laws Page 702 (2015 Edition)

 MISCELLANEOUS LAWS  

(1) A coin-operated or self-service dispensing
GHYLFHIRUWKHOLTXLGV
(2) A device that permits the dispensing of
the liquids when the hand of the operator of the
discharge nozzle is removed from the control
lever, except one equipped with an automatic
nozzle of a type that has been approved by the
 ([FHSWDVSURYLGHGLQ256D
nonretail customer shall purchase at least
JDOORQVRI&ODVVÁDPPDEOHOLTXLGVRU
diesel fuel from any source during a 12-month
period or, if the amount of such liquids or fuel
purchased is less than 900 gallons annually,
ÀOHGRFXPHQWDWLRQWKDW
State Fire Marshal and that has a latch-open
device as an integral part of the assembly,
FDSDEOHRIVKXWWLQJRIIWKHÁRZRIWKHOLTXLGV
UHOLDEO\ZKHQWKHWDQNLVÀOOHGRUZKHQWKH
QR]]OHIDOOVRUVOLSVIURPWKHÀOOLQJQHFNRI
WKHWDQN$SHUVRQPD\QRWXVHDQDXWRPDWLF
nozzle to dispense the liquids unless the owner,
 D7KHIXHOTXDOLÀHVDVDGHGXFWLEOHIDUPLQJ
expense on the customer’s federal income tax
return;
(b) The fuel was purchased by a governmen-
WDODJHQF\SURYLGLQJÀUHDPEXODQFHRUSROLFH
services; or
operator or employee is in the immediate vicin-
LW\RIWKHWDQNEHLQJÀOOHG>$PHQGHGE\
F†F†@
480.341 Customer operation of gaso-
line dispensing device in low-population
county. (1) As used in this section, “low-pop-
XODWLRQFRXQW\µPHDQVDFRXQW\WKDWEDVHG
RQDFHUWLÀFDWHRISRSXODWLRQSUHSDUHGXQGHU
256WRKDVDSRSXODWLRQRI
QRWPRUHWKDQ
 F7KHIXHOZDVSXUFKDVHGE\
(A) A people’s utility district organized
XQGHU256FKDSWHU
(B) A domestic water supply district orga-
QL]HGXQGHU256FKDSWHU
(C) A mass transit district organized under
256WR
(D) A metropolitan service district orga-
QL]HGXQGHU256FKDSWHU
  1RWZLWKVWDQGLQJ 256  DQG
LIDÀOOLQJVWDWLRQVHUYLFHVWDWLRQ
garage or other dispensary where Class 1
ÁDPPDEOHOLTXLGVDUHGLVSHQVHGDWUHWDLOLV
located in a low-population county, the owner
RURSHUDWRUPD\DIWHUSPDQGEHIRUHDP (G) A sanitary district organized under ORS
(a) Permit a person other than the owner,
operator or employee to use or manipulate a
device for dispensing liquids into the fuel tank
of a motor vehicle or other retail container;
 ($VSHFLDOURDGGLVWULFWRUJDQL]HGXQGHU
256WR
(F) A 9-1-1 communications district orga-
QL]HGXQGHU256WR
WR
(H) A sanitary authority, water authority or
joint water and sanitary authority organized
XQGHU256WR
(b) Permit the use of an installed coin-oper-
ated or self-service dispensing device for the
liquids; and
(c) Allow the use of an automatic nozzle to
dispense the liquids without the owner, opera-
 ,$UXUDOÀUHSURWHFWLRQGLVWULFWRUJDQL]HG
under ORS chapter 478;
(J) A water improvement district organized
under ORS chapter 552;
tor or employee being in the immediate vicinity
RIWKHWDQNRUFRQWDLQHUEHLQJÀOOHG
(3) A dispensary described in this section is
QRWVXEMHFWWRDQ\SURYLVLRQVRI256
WRUHJXODWLQJQRQUHWDLOIDFLOLWLHV
 .$ZDWHUFRQWUROGLVWULFWRUJDQL]HGXQGHU
ORS chapter 553; or
(L) A port organized under ORS chapter

(3) The nonretail customer shall provide
 ,IDFRXQW\FHDVHVWREHDORZSRSXODWLRQ
FRXQW\RQRUDIWHU-DQXDU\GLVSHQVD-
ries located within the county may operate as
described in subsection (2) of this section not-
ZLWKVWDQGLQJWKHFKDQJHLQFRXQW\SRSXODWLRQ
>F†@
480.345 Conditions for operation of
dispensing device by certain nonretail
customers. 1RWZLWKVWDQGLQJ256
DQGWKHRZQHURSHUDWRURUHPSOR\HH
of a dispensing facility may permit nonretail
customers other than the owner, operator or
employee to use or manipulate at the dispens-
ing facility a card activated or key activated
GHYLFHIRUGLVSHQVLQJ&ODVVÁDPPDEOHOLTXLGV
into the fuel tank of a motor vehicle or other
FRQWDLQHUXQGHUWKHIROORZLQJFRQGLWLRQV ÁDPPDEOHOLTXLGVVKDOOKDYHVDWLVÀHGVDIHW\
(1) The owner or operator shall hold a cur-
rent nonretail facility license issued by the
DIHGHUDOHPSOR\HULGHQWLÀFDWLRQQXPEHURU
equivalent documentation to indicate partic-
ipation in a business or employment with a
JRYHUQPHQWDJHQF\RUQRQSURÀWRUFKDULWDEOH
organization;
(4) The nonretail customer, other than the
RZQHURURSHUDWRUGLVSHQVLQJ&ODVVÁDP-
mable liquids shall be employed by a business,
JRYHUQPHQWDJHQF\RUQRQSURÀWRUFKDULWDEOH
RUJDQL]DWLRQDQGVKDOOGLVSHQVH&ODVVÁDP-
mable liquids only into the fuel tank of a motor
vehicle or other container owned or used by
WKHEXVLQHVVJRYHUQPHQWDJHQF\RUQRQSURÀW
or charitable organization;
(5) The nonretail customer, other than the
owner, operator or employee, dispensing Class
training requirements in compliance with
rules of the State Fire Marshal; and
6WDWH)LUH0DUVKDOXQGHU256  7KHRZQHURURSHUDWRUVKDOOHQWHULQWRD
written agreement with nonretail customers

Miscellaneous Laws Page 703 (2015 Edition)

 MISCELLANEOUS LAWS

permitted under this section to dispense fuel services during an emergency and dispenses
DWWKHQRQUHWDLOIDFLOLW\([FHSWDVRWKHUZLVH &ODVVÁDPPDEOHOLTXLGVRQO\LQWRWKHIXHO
SURYLGHGLQ256WKHDJUHHPHQWVKDOO tank of a vehicle or other container owned and
DWDPLQLPXP used by the emergency service agency or the
(a) Certify that the nonretail customer will entity authorized by that agency to provide
SXUFKDVHDWOHDVWJDOORQVRI&ODVVÁDP- services during an emergency; and
mable liquids or diesel fuel from any source (4) The nonretail customer, other than the
during a 12-month period or, if the amount of owner, operator or employee, dispensing Class
such liquids or fuel purchased is less than 900 ÁDPPDEOHOLTXLGVVDWLVÀHVVDIHW\WUDLQLQJ
JDOORQVDQQXDOO\ÀOHGRFXPHQWDWLRQWKDW requirements in compliance with rules of the
 $7KHIXHOTXDOLÀHVDVDGHGXFWLEOHIDUP-
ing expense on the customer’s federal income
tax return; or
(B) The fuel was purchased by a governmen-
WDODJHQF\SURYLGLQJÀUHDPEXODQFHRUSROLFH
services;
6WDWH)LUH0DUVKDO>F†F
†@
480.349 Use of gasoline dispensing
device by motorcycle operator. (1) As used
LQWKLVVHFWLRQ´PRWRUF\FOHµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256
 E3URYLGHDIHGHUDOHPSOR\HULGHQWLÀFDWLRQ
number or equivalent documentation to indi-
cate participation in a business or employment
ZLWKDJRYHUQPHQWDJHQF\RUQRQSURÀWRUFKDU-
itable organization;
(c) Certify that the nonretail customer is
employed by a business, government agency or
QRQSURÀWRUFKDULWDEOHRUJDQL]DWLRQDQGWKDW
the nonretail customer shall dispense Class
ÁDPPDEOHOLTXLGVRQO\LQWRWKHIXHOWDQNRI
a motor vehicle or other container owned or
  1RWZLWKVWDQGLQJ 256  DQG

(a) Upon the request of an operator of a
motorcycle, the owner, operator or employee
RIDÀOOLQJVWDWLRQVHUYLFHVWDWLRQJDUDJHRU
RWKHUGLVSHQVDU\ZKHUH&ODVVÁDPPDEOH
liquids are dispensed at retail shall set the
fuel dispensing device and hand the discharge
QR]]OHWRWKHRSHUDWRURIWKHPRWRUF\FOH
(b) An operator of a motorcycle who is
handed a discharge nozzle under paragraph
used by the business, government agency or DRIWKLVVXEVHFWLRQ
QRQSURÀWRUFKDULWDEOHRUJDQL]DWLRQ  $0D\GLVSHQVH&ODVVÁDPPDEOHOLTXLGV
(d) Certify that the nonretail customer has
VDWLVÀHGVDIHW\WUDLQLQJUHTXLUHPHQWVLQFRP-
pliance with rules of the State Fire Marshal;
and
(e) Require the nonretail customer to submit
DVZRUQVWDWHPHQWDVGHÀQHGLQ256
that the information supplied in the agreement
LVWUXHDQGFRUUHFW>F†F
†F††F†F
†@
480.347 Use of gasoline dispensing
device by emergency service volunteer;
conditions. 1RWZLWKVWDQGLQJ256
DQGGXULQJDQHPHUJHQF\DVGHÀQHG
LQ 256  WKH RZQHU RSHUDWRU RU
employee of a dispensing facility may permit
nonretail customers, other than the owner,
operator or employee, to use or manipulate at
the dispensing facility a card activated or key
DFWLYDWHGGHYLFHIRUGLVSHQVLQJ&ODVVÁDP-
mable liquids into the fuel tank of a vehicle or
RWKHUFRQWDLQHULI FDUERQVRUPL[WXUHVRIWKHVDPH3URSDQH
(1) The owner or operator holds a current
LQWRWKHRSHUDWRU·VPRWRUF\FOH
(B) Shall, after dispensing the liquids,
return the discharge nozzle to the owner,
RSHUDWRURUHPSOR\HH
(3) The owner, operator or employee who is
handed the discharge nozzle shall return the
nozzle to the pump or take any other actions
necessary to ensure safe completion of the fuel-
LQJRSHUDWLRQ>F†@
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
/LTXHÀHG3HWUROHXP*DV
480.410 Definition. As used in ORS
WR´/3JDVµRU´OLTXHÀHG
SHWUROHXPJDVµPHDQVDQ\OLTXLGFRPSRVHG
predominantly of any of the following hydro-
propylene, butanes (normal butane or isobu-
nonretail facility license issued by the State
)LUH0DUVKDOXQGHU256 †F†@
(2) The fuel is dispensed to an emergency
VHUYLFH DJHQF\ DV GHÀQHG LQ 256 
or to an entity authorized by an emergency
service agency to provide services during an
emergency;
(3) The nonretail customer, other than the
RZQHURURSHUDWRUGLVSHQVLQJ&ODVVÁDP-
PDEOHOLTXLGVLVDTXDOLÀHGHPHUJHQF\VHUYLFH
YROXQWHHUDVGHÀQHGLQ256RUDQ
owner or employee of the entity authorized
by the emergency service agency to provide
WDQHDQGEXW\OHQHV>$PHQGHGE\F
480.420 Liquefied petroleum gas
rules and regulations; conformity with
standards of National Fire Protection
Association. (1) The State Fire Marshal
shall make, promulgate and enforce regula-
tions establishing minimum general standards
for the design, construction, location, instal-
lation and operation of equipment for storing,
handling, transporting by tank truck or tank
WUDLOHUDQGXWLOL]LQJOLTXHÀHGSHWUROHXPJDVHV
and specifying the degree of odorization of the
gases, and shall establish standards and rules

Miscellaneous Laws Page 704 (2015 Edition)

 MISCELLANEOUS LAWS
for the issuance, suspension and revocation of
OLFHQVHVDQGSHUPLWVSURYLGHGLQ256
WR
(2) The regulations required shall be such as
are reasonably necessary for the protection of
the health, welfare and safety of the public and
of persons using or handling such materials,
and shall be in substantial conformity with the
generally accepted standards of safety relating
WRWKHVDPHPDWWHU5HJXODWLRQVLQVXEVWDQ-
tial conformity with the published standards
 
(5) A person who holds a valid journeyman
SOXPEHUOLFHQVHXQGHU256RUZKRLV
in an approved journeyman plumber appren-
WLFHVKLSHVWDEOLVKHGXQGHU256WR
LVH[HPSWIURPWKHOLFHQVLQJUHTXLUH-
ments of subsections (1) and (2) of this section,
except that the apprentice or journeyman
plumber may not install an LP gas tank or
make any connection to an LP gas tank unless
the apprentice or journeyman plumber is
OLFHQVHGDVUHTXLUHGXQGHUWKLVVHFWLRQ
of the National Fire Protection Association
SDPSKOHW1RDQGSDPSKOHW1RIRUWKH
design, installation and construction of con-
tainers and equipment thereto pertaining, for
WKHVWRUDJHDQGKDQGOLQJRIOLTXHÀHGSHWUR-
leum gases, including utility gas plants, as
recommended by the National Fire Protection
Association, and the published standards of the
National Fire Protection Association pamphlet
1RIRUOLTXHÀHGSHWUROHXPJDVSLSLQJDQG
appliance installations in buildings, shall be
deemed to be in substantial conformity with
the generally accepted standards of safety
UHODWLQJWRWKHVDPHVXEMHFWPDWWHU>$PHQGHG
E\F†F†F†
F†@
 /LTXHÀHGSHWUROHXPJDVFRQ-
tainers; certain uses prohibited. No person
other than the owner of the container or recep-
tacle and those authorized by the owner so to
GRVKDOOVHOOÀOOUHÀOOGHOLYHURUSHUPLWWR
be delivered or used in any manner any lique-
ÀHGSHWUROHXPJDVFRQWDLQHURUUHFHSWDFOHIRU
DQ\JDVRUFRPSRXQGRUIRUDQ\RWKHUSXUSRVH
>$PHQGHGE\F†@
480.432 Licenses required; exceptions.
(1) A person may not engage in or work at the
business of installing, extending, altering or
repairing any LP gas appliance or piping, vent
RUÁXHFRQQHFWLRQSHUWDLQLQJWRRULQFRQQHF-
tion with LP gas installations within the state,
either as employer or individual, unless the
 $SHUVRQZKRKROGVDOLFHQVHLVVXHGE\
the Department of Consumer and Business
6HUYLFHVXQGHU256RIDFODVVWKDW
authorizes the person to fabricate, install,
alter or repair pressure piping and to install
boilers and pressure vessels by attachment of
piping connector is exempt from the licensing
requirements of subsections (1) and (2) of this
section, except that the person may not install
an LP gas tank or make any connection to an
LP gas tank unless the person is licensed as
UHTXLUHGXQGHUWKLVVHFWLRQ
(7) Subsections (1) to (4) of this section do
not apply to LP gas installations in a man-
ufactured dwelling or recreational vehicle
performed during the construction of the
manufactured dwelling or recreational vehi-
cle, or the alteration or repair of an LP gas
installation in a manufactured dwelling or
recreational vehicle made pursuant to the
PDQXIDFWXUHU·VZDUUDQW\>F†
F†F†F†
F†F†F†@
Penalties
480.990 Penalties. (1) Violation of any pro-
YLVLRQRI256WRLVD&ODVV%
YLRODWLRQ
(2) Violation of any provision of ORS
  RU  LV D &ODVV &
PLVGHPHDQRU
person has received an LP gas installation  9LRODWLRQRI256LVD&ODVV$
license from the State Fire Marshal in accor- PLVGHPHDQRU
GDQFHZLWK256WR
 9LRODWLRQRI256LVD&ODVV%
 $SHUVRQPD\QRWGRDQ\/3JDVÀWWLQJ YLRODWLRQ
or gas venting work, install, repair or remodel
any piping or venting or do any installation,
repair service, connection or disconnection of
any LP gas appliance that is subject to inspec-
WLRQXQGHU256WRXQOHVVWKH
SHUVRQKDVUHFHLYHGDQ/3JDVÀWWHUOLFHQVH
from the State Fire Marshal in accordance
ZLWK256WR
(3) A person may not operate any LP gas
 9LRODWLRQRIDQ\SURYLVLRQRI256
WRLVD&ODVV%PLVGHPHDQRU9LROD-
tions thereof may be prosecuted in state or
municipal courts when violations occur within
WKHPXQLFLSDOLW\VHUYHGWKHUHE\-XVWLFHFRXUWV
shall have concurrent jurisdiction with circuit
courts in all proceedings arising within ORS
WR
delivery equipment installed on a motorized  6XEMHFWWR256YLRODWLRQRIDQ\
vehicle unless the person has received an LP SURYLVLRQRI256
gas truck equipment license from the State DQG  RU RI DQ\ UXOH RU UHJXODWLRQ
)LUH0DUVKDOLQDFFRUGDQFHZLWK256 DGRSWHGXQGHU256LVD&ODVV%
WR PLVGHPHDQRU
(4) Any person under the terms of this sec-  9LRODWLRQRIDQ\SURYLVLRQRI256
WLRQZKRLVUHTXLUHGWRKDYHDQ/3JDVÀWWHURU WRLVD&ODVV%YLRODWLRQ
LP gas truck equipment license is also required
to have an LP gas installation license, unless
the person is an employee of an employer who
has an LP gas installation license as provided
E\WKLVVHFWLRQ
 6XEMHFWWR256YLRODWLRQRIDQ\
SURYLVLRQRI256WRRUDQ\
rule promulgated pursuant thereto, is a Class
$PLVGHPHDQRU:KHQHYHUWKH%RDUGRI%RLOHU
Rules has reason to believe that any person is

Miscellaneous Laws Page 705 (2015 Edition)

$ MISCELLANEOUS LAWS

liable to punishment under this subsection, it for the living quarters portion of the motor
may certify the facts to the Attorney General, KRPHLQFOXGLQJEXWQRWOLPLWHGWRWKHÁRRULQJ
who may cause an appropriate proceeding to SOXPELQJÀ[WXUHVDSSOLDQFHVZDWHUKHDWHU
EHEURXJKW>6XEVHFWLRQRI5HSODFH- fabrics, door and furniture hardware, lighting
PHQW3DUWHQDFWHGDVF†VXEVHFWLRQ À[WXUHVJHQHUDWRUVURRIKHDWLQJDQGDLUFRQGL-
HQDFWHGDVF†VXEVHFWLRQ tioning units, cabinets, countertops, furniture
HQDFWHG DV  F †  F † DQGDXGLRYLVXDOHTXLSPHQW
VXEVHFWLRQHQDFWHGDVF†VXE-  ´0RWRUYHKLFOHµPHDQVDSDVVHQJHUPRWRU
VHFWLRQHQDFWHGDVF†
F†F†F†
F†F†@BBBBBBBBBBBBBBB
Chapter 646A
ENFORECEMENT OF
EXPRESS WARRANTIES ON
NEW MOTOR VEHICLES
 $'HÀQLWLRQVIRU256$
to 646A.418. $VXVHGLQ256$WR
$ for the purpose of repair or correction, during
YHKLFOHDVGHÀQHGLQ256WKDWLVSXU-
chased in this state or is purchased outside this
VWDWHEXWUHJLVWHUHGLQWKLVVWDWH>)RUPHUO\
F†@
646A.402 Availability of remedy. The
UHPHG\XQGHUWKHSURYLVLRQVRI256$
WR$LVDYDLODEOHWRDFRQVXPHULI
(1) A new motor vehicle does not conform to
applicable manufacturer’s express warranties;
(2) The consumer reports each nonconfor-
mity to the manufacturer, the manufacturer’s
agent or the manufacturer’s authorized dealer,
the two-year period following the date of
 ´&ROODWHUDOFKDUJHµPHDQVDFKDUJHIHH original delivery of the motor vehicle to the
or cost to the consumer related to the sale or consumer or during the period ending on the
OHDVHRIDPRWRUYHKLFOHVXFKDV date on which the mileage on the motor vehicle
(a) A sales, property or use tax; reaches 24,000 miles, whichever period ends
ÀUVWDQG
(b) A license, registration or title fee;
(3) The manufacturer has received direct
 F$ÀQDQFHFKDUJH ZULWWHQQRWLÀFDWLRQIURPRURQEHKDOIRIWKH
(d) A prepayment penalty; consumer and has had an opportunity to cor-
UHFWWKHDOOHJHGGHIHFW´1RWLÀFDWLRQµXQGHU
 H$FKDUJHIRUXQGHUFRDWLQJUXVWSURRÀQJ
or factory or dealer installed options; and
(f) The cost of an aftermarket item pur-
chased within 20 days after delivery of the
PRWRUYHKLFOH
this subsection includes, but is not limited
to, a request by the consumer for an infor-
mal dispute settlement procedure under ORS
$>)RUPHUO\F†@
646A.404 Consumer’s remedies; manu-
 ´&RQVXPHUµPHDQV IDFWXUHU·VDIÀUPDWLYHGHIHQVHV,IWKH
(a) The purchaser or lessee, other than for
purposes of resale, of a new motor vehicle nor-
mally used for personal, family or household
purposes;
(b) Any person to whom a new motor vehicle
used for personal, family or household pur-
poses is transferred for the same purposes
during the duration of an express warranty
applicable to such motor vehicle; and
(c) Any other person entitled by the terms
of such warranty to enforce the obligations of
WKHZDUUDQW\
manufacturer or agents or authorized dealers
of the manufacturer are unable to conform the
motor vehicle to an applicable manufacturer’s
express warranty by repairing or correcting a
defect or condition that substantially impairs
the use, market value or safety of the motor
vehicle to the consumer after a reasonable
QXPEHURIDWWHPSWVWKHPDQXIDFWXUHUVKDOO
(a) Replace the motor vehicle with a new
motor vehicle; or
(b) Accept return of the vehicle from the
consumer and refund to the consumer the
full purchase or lease price and collateral
 D´0RWRUKRPHµPHDQVDPRWRUYHKLFOH
that is a new or demonstrator vehicular unit
built on, or permanently attached to, a self-pro-
pelled motor vehicle chassis, chassis cab or van
that becomes an integral part of the completed
vehicle, and that is designed to provide tempo-
rary living quarters for recreational, camping
RUWUDYHOXVH
charges paid, less a reasonable allowance
IRUWKHFRQVXPHU·VXVHRIWKHPRWRUYHKLFOH
,QOLHXRIUHIXQGLQJDVSDUWRIWKHFROODWHUDO
charges paid, the cost of an aftermarket item
purchased within 20 days after delivery of the
motor vehicle, the manufacturer may remove
the aftermarket item from the motor vehicle,
if the aftermarket item can be removed from
the motor vehicle without damage, and return
 E´0RWRUKRPHµGRHVQRWLQFOXGHDWUDLOHU
camper, van or vehicle manufactured by an
entity that primarily manufactures motor
YHKLFOHVRWKHUWKDQPRWRUKRPHVDVGHÀQHG
LQWKLVVXEVHFWLRQ
WKHDIWHUPDUNHWLWHPWRWKHFRQVXPHU
(2) Refunds must be made to the consumer
and lienholder, if any, as the interests of the
FRQVXPHUDQGOLHQKROGHUPD\DSSHDU
 F´0RWRUKRPHµGRHVQRWLQFOXGH´OLYLQJ (3)(a) As used in this section, “reasonable
IDFLOLW\ FRPSRQHQWVµ ZKLFK PHDQV WKRVH allowance for the consumer’s use of the motor
items designed, used or maintained primarily YHKLFOHµPHDQV

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
(A) For a motor vehicle that is not a motor-
cycle or a motor home, an amount of money
equivalent to the motor vehicle mileage as
described in paragraph (b) of this subsection,
multiplied by the combined amount of the cash
price or lease price of the motor vehicle and the
amount of any collateral charges paid by the
FRQVXPHUDQGGLYLGHGE\
(B) For a motorcycle, an amount of money
equivalent to the motor vehicle mileage as
described in paragraph (b) of this subsection,
multiplied by the combined amount of the cash
price or lease price of the motorcycle and the
amount of any collateral charges paid by the
FRQVXPHUDQGGLYLGHGE\
(C) For a motor home, an amount of money
equivalent to the motor vehicle mileage as
described in paragraph (b) of this subsection,
multiplied by the combined amount of the cash
price or lease price of the motor home and the
amount of any collateral charges paid by the
FRQVXPHUDQGGLYLGHGE\
(b) The motor vehicle mileage for the pur-
poses of the calculation described in paragraph
(a) of this subsection is the motor vehicle’s
mileage at the time the manufacturer takes
an action described in subsection (1) of this
section, less 10 miles for mileage that the motor
vehicle traveled during any period in which
the consumer did not have use of the motor
vehicle because the manufacturer or an agent
or authorized dealer of the manufacturer was
UHSDLULQJWKHPRWRUYHKLFOH
 $
(a) Provide the buyer, lessee or transferee
ZLWKDQRWLFHWKDWVWDWHV
___________________________________
This vehicle was repurchased by its manufac-
turer in accordance with Oregon’s consumer
ZDUUDQW\ODZEHFDXVHRIDGHIHFWLQWKHYHKLFOH
The title to this vehicle has been permanently
inscribed with the notation “Lemon Law
%X\EDFNµ
___________________________________
(b) Obtain the signature of the buyer, lessee
or transferee on the notice in a space provided
for that purpose under a statement in which
the buyer, lessee or transferee acknowledges
UHFHLYLQJDQGXQGHUVWDQGLQJWKHQRWLFH
(3) Failure to comply with the require-
ments of subsection (1) or (2) of this section
LVDQXQODZIXOSUDFWLFHXQGHU256
and a person that fails to comply with the
requirements is subject to the causes of action
DQGUHPHGLHVSURYLGHGLQ256DQG

(4) The Director of Transportation may
adopt rules to prescribe the form and content
of the notice required under this section and
to require the disclosure of other information
the director deems necessary to inform a buyer,
lessee or transferee of the condition of a motor
vehicle that is subject to the provisions of this
section or information that is otherwise mate-
rial to a sale, lease or transfer of the motor
YHKLFOH>F†@
 ,WLVDQDIÀUPDWLYHGHIHQVHWRDFODLP
XQGHU256$WR$WKDW attempt to conform; extension of time
(a) An alleged nonconformity does not sub-
stantially impair such use, market value or
safety; or
(b) A nonconformity is the result of abuse,
QHJOHFWRUXQDXWKRUL]HGPRGLÀFDWLRQVRUDOWHU-
DWLRQVRIWKHPRWRUYHKLFOH>)RUPHUO\
F†@
646A.405 Manufacturer action under
ORS 646A.404; request to Department of
Transportation; notice to buyer; unlaw-
ful practice; rules. (1) A manufacturer that
takes an action with respect to a motor vehicle
646A.406 Presumption of reasonable
for repairs; notice to manufacturer. (1)
,WLVSUHVXPHGWKDWDUHDVRQDEOHQXPEHURI
attempts have been undertaken to conform a
motor vehicle to the applicable manufactur-
er’s express warranties if, during the two-year
period following the date of original delivery
of the motor vehicle to a consumer or during
the period ending on the date on which the
mileage on the motor vehicle reaches 24,000
PLOHVZKLFKHYHUSHULRGHQGVÀUVW
(a) The manufacturer or an agent or autho-
rized dealer of the manufacturer has subjected
the nonconformity to repair or correction three
XQGHU256$DRUEVKDOOUHTXHVW or more times and has had an opportunity to
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQWR cure the defect alleged, but the nonconformity
(a) Title the motor vehicle in the manufac- continues to exist;
turer’s name; and (b) The motor vehicle is out of service by
 E,QVFULEHRQWKHFHUWLÀFDWHRIWLWOHIRUWKH
motor vehicle and in the department’s records
concerning the motor vehicle the notation
´/HPRQ/DZ%X\EDFNµ
(2) A person that acquires a motor vehicle
in order to sell, lease or otherwise transfer the
motor vehicle and that knows or should have
known that the manufacturer took an action
with respect to the motor vehicle under ORS
reason of repair or correction for a cumulative
WRWDORIRUPRUHFDOHQGDUGD\VRURUPRUH
calendar days if the vehicle is a motor home;
or
(c) The manufacturer or an agent or autho-
rized dealer of the manufacturer has subjected
a nonconformity that is likely to cause death
or serious bodily injury to repair or correction
DWOHDVWRQHWLPHDQGKDVPDGHDÀQDODWWHPSW
$DRUERUWKDWWKHFHUWLÀFDWH to repair or correct the nonconformity, but the
of title for the motor vehicle is inscribed with QRQFRQIRUPLW\FRQWLQXHVWRH[LVW
WKHQRWDWLRQVSHFLÀHGLQVXEVHFWLRQRIWKLV (2) A repair or correction for purposes of
section, before selling, leasing or otherwise subsection (1) of this section includes a repair
WUDQVIHUULQJWKHPRWRUYHKLFOHVKDOO

Miscellaneous Laws Page 707 (2015 Edition)

$ MISCELLANEOUS LAWS
that must take place after the expiration of the
HDUOLHURIHLWKHUSHULRG
(3) The period ending on the date on which
the mileage on the motor vehicle reaches
24,000 miles, the two-year period and the
30-day period shall be extended by any period
of time during which repair services are not
available to the consumer because of a war,
LQYDVLRQVWULNHÀUHÁRRGRURWKHUQDWXUDO
GLVDVWHU
or solely for the purposes of harassment, the
court may award a prevailing manufacturer
UHDVRQDEOHDWWRUQH\IHHV
(3) The court may award reasonable attorney
fees, fees for expert witnesses and costs to the
prevailing party in an appeal or action under
256$WR$WKDWLQYROYHVD
PRWRUKRPH>)RUPHUO\F
†@
646A.414 Limitations on actions
(4) The presumption described in subsec-
tion (1) of this section does not apply against
a manufacturer unless the manufacturer has
UHFHLYHGSULRUGLUHFWZULWWHQQRWLÀFDWLRQIURP
or on behalf of the consumer and has had an
RSSRUWXQLW\WRFXUHWKHGHIHFWDOOHJHG>)RU-
PHUO\F†@
646A.408 Use of informal dispute settle-
ment procedure as condition for remedy;
binding effect on manufacturer. ,IDPDQ-
ufacturer, for the purpose of settling disputes
WKDWDULVHXQGHU256$WR$
establishes or participates in an informal dis-
pute settlement procedure that substantially
FRPSOLHVZLWKWKHSURYLVLRQVRI&)5SDUW
703, as in effect on June 23, 2009, and causes
DFRQVXPHUWREHQRWLÀHGRIWKHSURFHGXUH
256$GRHVQRWDSSO\WRDFRQVXPHU
ZKRKDVQRWÀUVWUHVRUWHGWRWKHSURFHGXUH$
decision resulting from arbitration pursuant
to the informal dispute settlement procedure
is binding on the manufacturer but is not bind-
LQJRQWKHFRQVXPHU>)RUPHUO\
F†@
against dealers. ([FHSWDVSURYLGHGLQ
256$QRWKLQJLQ256$WR
$FUHDWHVDFDXVHRIDFWLRQE\DFRQ-
VXPHUDJDLQVWDYHKLFOHGHDOHU
(2) A manufacturer may not join a dealer
as a party in a proceeding brought under
256 $ WR $ QRU PD\ WKH
manufacturer try to collect from a dealer dam-
ages assessed against the manufacturer in a
SURFHHGLQJEURXJKWXQGHU256$WR
$>)RUPHUO\F†@
646A.416 Limitation on commencement
of action. An action brought under ORS
$WR$PXVWEHFRPPHQFHG
within one year after whichever of the follow-
LQJSHULRGVHQGVHDUOLHU
(1) The period ending on the date on which
the mileage on the motor vehicle reaches
24,000 miles;
(2) The two-year period following the date
of the original delivery of the motor vehicle to
the consumer; or
(3) The period that ends after an extension
646A.410 Informal dispute settlement
procedure; recordkeeping; review by
Department of Justice. A manufacturer
which has established or participates in an
informal dispute settlement procedure shall
keep records of all cases submitted to the pro-
FHGXUHXQGHU256$DQGVKDOOPDNH
the records available to the Department of
-XVWLFHLIWKHGHSDUWPHQWUHTXHVWVWKHP7KH
department may review all case records kept
under this section to determine whether or not
the arbitrators are complying with the provi-
VLRQVRI256$WR$LQUHDFKLQJ
WKHLUGHFLVLRQV>)RUPHUO\@
646A.412 Action in court; damages if
manufacturer does not act in good faith;
attorney fees; expert witness fees; costs.
RIWLPHSURYLGHGXQGHU256$>)RU-
PHUO\F†@
646A.418 Remedies supplementary to
existing statutory or common law reme-
dies; election of remedies. Nothing in ORS
$WR$LVLQWHQGHGLQDQ\ZD\
to limit the rights or remedies that are other-
wise available to a consumer under any other
ODZ+RZHYHULIWKHFRQVXPHUHOHFWVWRSXUVXH
any other remedy in state or federal court,
WKHUHPHG\DYDLODEOHXQGHU256$WR
$VKDOOQRWEHDYDLODEOHLQVRIDUDVLW
would result in recovery in excess of the recov-
HU\DXWKRUL]HGE\256$ZLWKRXWSURRI
of fault resulting in damages in excess of such
UHFRYHU\>)RUPHUO\@
,IDFRQVXPHUEULQJVDQDFWLRQLQFRXUW
XQGHU256$WR$DJDLQVWD
manufacturer and the consumer is granted Chapter 742
RQHRIWKHUHPHGLHVVSHFLÀHGLQ256$
(1) by the court, the consumer shall also be
awarded up to three times the amount of any MOTOR VEHICLE
damages, not to exceed $50,000 over and LIABILITY INSURANCE
above the amount due the consumer under
256$LIWKHFRXUWÀQGVWKDWWKH Issuance of Proof of Insurance
PDQXIDFWXUHUGLGQRWDFWLQJRRGIDLWK
742.447 Proof of insurance. (YHU\
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
this section, the court may award reasonable
attorney fees, fees for expert witnesses and
costs to a consumer who prevails in an appeal
RUDFWLRQXQGHU256$WR$,I
DFRXUWÀQGVWKDWDFRQVXPHUEURXJKWDQDFWLRQ
XQGHU256$WR$LQEDGIDLWK
insurer that issues motor vehicle insurance
WKDWLVGHVLJQHGWRPHHWHLWKHUWKHÀQDQFLDO
or future responsibility requirements of ORS
FKDSWHUVKDOOLVVXHZLWKWKHSROLF\SURRI
of insurance that shows the effective date and
WKHH[SLUDWLRQGDWHRIWKHLQVXUDQFH

Miscellaneous Laws Page 708 (2015 Edition)

 MISCELLANEOUS LAWS
(2) An insurer may provide proof of insur-
ance under this section by issuing a card or, if
WKHLQVXUHGDJUHHVWKURXJKHOHFWURQLFPHDQV
(3) Nothing in this section requires an
insurer to provide proof of insurance at any
time other than when the policy is issued or
UHQHZHG>F†F†@
Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
to or made a part of ORS chapter 742 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
 
the named insured, without regard to whether
the named insured is charged for the use of the
PRWRUYHKLFOHLI
(a) The motor vehicle is provided to the
named insured by a person engaged in the
business of repairing or servicing motor vehi-
cles; and
(b) The motor vehicle is provided to the
named insured as a temporary replacement
vehicle while the named insured’s vehicle is
EHLQJUHSDLUHGRUVHUYLFHG
ace to Oregon Revised Statutes for further  $PRWRUYHKLFOHOLDELOLW\LQVXUDQFHSROLF\
H[SODQDWLRQ issued for delivery in this state may exclude
by name from coverage required by subsection
Generally (2)(a) of this section any person other than the
742.449 Prohibition on assignment to named insured, for any of the reasons stated in
high risk category on certain grounds. An
insurer issuing motor vehicle liability insur-
ance policies in this state may not assign an
insured or applicant for insurance to a higher
risk category than the person would otherwise
EHDVVLJQHGWRVROHO\EHFDXVHWKHSHUVRQKDV coverage required by subsection (2)(a) of this
(1) Let a prior motor vehicle liability policy
lapse, unless the person was in violation of
256DWDQ\WLPHDIWHUWKHSULRUSROLF\
lapsed; or
VXEVHFWLRQRIWKLVVHFWLRQ:KHQDQLQVXUHU
excludes a person as provided by this subsec-
tion, the insurer shall obtain a statement or
indorsement, signed by each of the named
insureds, that the policy will not provide any
section when the motor vehicle is driven by
DQ\QDPHGH[FOXGHGSHUVRQ
(7) A person may be excluded from coverage
under a motor vehicle liability insurance policy
DVSURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(2) Had driving privileges suspended pursu-
DQWWR256RULIWKHVXVSHQVLRQ
LVEDVHGRQDQRQGULYLQJRIIHQVH>F
†F†F†@
742.450 Contents of motor vehicle lia-
bility policy; permitted exclusions. (1)
(YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFHSROLF\
issued for delivery in this state shall state the
name and address of the named insured, the
(a) Because of the driving record of the
SHUVRQ7KH'LUHFWRURIWKH'HSDUWPHQWRI
Consumer and Business Services by rule may
establish restrictions on the use of the driving
record in addition to other restrictions estab-
OLVKHGE\ODZ
(b) Because of any reason or set of criteria
HVWDEOLVKHGE\WKHGLUHFWRUE\UXOH
coverage afforded by the policy, the premium  (YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFH
charged therefor, the policy period and the policy issued for delivery in this state shall
OLPLWVRIOLDELOLW\ contain a provision that provides liability cov-
 (YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFH erage for each family member of the insured
policy issued for delivery in this state shall residing in the same household as the insured
contain an agreement or indorsement stating in an amount equal to the amount of liability
that, as respects bodily injury and death or FRYHUDJHSXUFKDVHGE\WKHLQVXUHG>)RUPHUO\
property damage, or both, the insurance pro- DQGWKHQF†
YLGHVHLWKHU F†F†@
 D7KHFRYHUDJHGHVFULEHGLQ256 742.454 Liabilities that need not be
DQGRU covered. The motor vehicle liability insur-
DQFHSROLF\UHTXLUHGE\256
 E7KHFRYHUDJHGHVFULEHGLQ256
(3) The agreement or indorsement required
by subsection (2) of this section shall also state
that the insurance provided is subject to all the
provisions of the Oregon Vehicle Code relat-
LQJWRÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
DVGHÀQHGLQ256RUIXWXUHUHVSRQ-
VLELOLW\ÀOLQJVDVGHÀQHGLQ256DV
DSSURSULDWH
RUQHHGQRWLQVXUH
any liability under any workers’ compensa-
tion law; nor any liability on account of bodily
injury to or death of an employee of the insured
while engaged in the employment, other than
domestic, of the insured, or while engaged in
the operation, maintenance or repair of a vehi-
cle; nor any liability for damage to property
owned by, rented to, in charge of, or trans-
SRUWHGE\WKHLQVXUHG>)RUPHUO\DQG
 (YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFH
policy issued for delivery in this state shall
provide liability coverage to at least the limits
VSHFLÀHGLQ256
WKHQ@
742.456 W hen insurer’s liability
accrues; nonforfeiture provisions. The
liability of an insurer with respect to the motor
 (YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFH
policy issued for delivery in this state shall
provide liability coverage, up to the limits of
coverage under the policy for a vehicle owned
by the named insured, for the operation by the
named insured of a motor vehicle provided to
vehicle liability insurance policy required by
256RUVKDOOEHFRPH
absolute whenever injury or damage covered
E\WKHSROLF\RFFXUV7KHSROLF\PD\QRWEH
canceled or annulled as to such liability by

Miscellaneous Laws Page 709 (2015 Edition)

 MISCELLANEOUS LAWS
any agreement between the insurer and the
insured after the occurrence of the injury or
GDPDJH1RVWDWHPHQWPDGHE\WKHLQVXUHG
or on behalf of the insured and in violation of
WKHSROLF\VKDOOGHIHDWRUYRLGWKHSROLF\7KLV
section does not apply to motor vehicle liability
insurance policies other than those required
LQFRQQHFWLRQZLWK256RU
>)RUPHUO\DQGWKHQ@
742.458 General provisions governing
liability policies. (YHU\PRWRUYHKLFOHOLD-
bility insurance policy shall be subject to the
following provisions, which need not be con-
WDLQHGWKHUHLQ (2) When a motor vehicle liability policy
(1) The policy, the written application there-
for, if any, and any rider or indorsement that
GRHVQRWFRQÁLFWZLWKWKHODZVUHODWLQJWRPRWRU
vehicle liability insurance policies shall consti-
WXWHWKHHQWLUHFRQWUDFWEHWZHHQWKHSDUWLHV
(2) The satisfaction by the insured of a
judgment for injury or damage shall not be a
condition precedent to the right or duty of the
the insurer and insured under a motor vehi-
cle liability policy concerning coverage for
physical damage, if the policy contains a pro-
vision authorizing the insured to obtain an
independent appraisal by a competent and
disinterested person of the physical damage,
WKDWSURYLVLRQVKDOODSSO\$QLQGHSHQGHQW
appraisal conducted under this section shall
be performed by a person who has been issued
D YHKLFOH DSSUDLVHU FHUWLÀFDWH XQGHU 256
RUDSHUVRQZKRKDVEHHQLVVXHGDYHKL-
FOHDSSUDLVHUFHUWLÀFDWHRUOLFHQVHE\DQRWKHU
VWDWHRUJRYHUQPHQWERG\
contains a provision for resolving a dispute
through appraisal of a motor vehicle insured
under the policy, the insurer shall reimburse
the insured for the reasonable appraisal costs
LIWKHÀQDODSSUDLVDOGHFLVLRQXQGHUWKHSROLF\
provision is greater than the amount of the
insurer’s last offer prior to the incurrence of
WKHDSSUDLVDOFRVWV
insurer to make payment on account of such
LQMXU\RUGDPDJH
(3) Any binder issued pending the issuance
of a motor vehicle liability insurance policy
VKDOOEHGHHPHGWRIXOÀOOWKHUHTXLUHPHQWV
IRUVXFKDSROLF\>)RUPHUO\DQGWKHQ
@
742.460 Insurer’s right to provide for
reimbursement and proration. Any motor
vehicle liability insurance policy may provide
that the insured shall reimburse the insurer
for any payment the insurer would not have
been obligated to make under the terms of
the policy except for the provisions of ORS
 ,IDPRWRUYHKLFOHOLDELOLW\SROLF\GRHVQRW
contain a provision described in subsection (1)
of this section, then notwithstanding any other
provision of the policy, any resolution of the
dispute shall be subject to rules adopted by the
Director of the Department of Consumer and
%XVLQHVV6HUYLFHV>)RUPHUO\
F†F†@
742.468 Certain policies not considered
motor vehicle liability policies. For pur-
poses of statutes mandating kinds or amounts
of coverage that motor vehicle liability policies
must contain, the following shall not be con-
VLGHUHGPRWRUYHKLFOHOLDELOLW\SROLFLHV
 WR   DQG   &RPSUHKHQVLYHJHQHUDOOLDELOLW\SROLFLHV
and it may further provide for the prorating  ([FHVVOLDELOLW\SROLFLHV
of the insurance thereunder with other valid
DQGFROOHFWLEOHLQVXUDQFH>)RUPHUO\
DQGWKHQF†@
742.462 Insurer’s right to settle claims.
The insurer shall have the right to settle any
claim covered by the policy, and if such settle-
ment is made in good faith, the amount thereof
shall be deductible from the limits of liability
VSHFLÀHGLQUHVSHFWWRDPRWRUYHKLFOHOLDELOLW\
LQVXUDQFHSROLF\>)RUPHUO\DQGWKHQ
@
742.464 Excess coverage permitted;
combining policies to meet requirements.
Any policy which grants the coverage required
for a motor vehicle liability insurance policy
XQGHU 256   DQG 
may also grant any lawful coverage in excess
of or in addition to the required coverage, and
such excess or additional coverage shall not
EHVXEMHFWWRWKHSURYLVLRQVRI256
DQGWR:LWKUHVSHFW
 8PEUHOODOLDELOLW\SROLFLHV>F
†@
Motorcycle Discount
742.480 Appropriate premium charge
reduction for certain motorcycle insur-
ance policies. (1) A rate, rating plan or rating
V\VWHPÀOHGZLWKWKH'LUHFWRURIWKH'HSDUW-
ment of Consumer and Business Services for
a motor vehicle insurance policy offering lia-
bility, personal injury protection or collision
coverage shall provide an appropriate reduc-
WLRQLQSUHPLXPFKDUJHVIRUVXFKFRYHUDJHLI
(a) The principal operator of a covered
motorcycle has successfully completed a motor-
cycle rider education course established under
2567KHFRXUVHPXVWEHFRPSOHWHGQR
more than three years prior to the beginning
of the policy period for which the discounted
UDWHDSSOLHV
to a policy which grants such excess or addi-  E 7KH PRWRUF\FOH LV QRW FODVVLÀHG IRU
tional coverage only that part of the coverage XQGHUZULWLQJSXUSRVHVDVXVHGIRUDEXVLQHVV
ZKLFKLVUHTXLUHGE\256DQG
LVVXEMHFWWRWKHUHTXLUHPHQWVRIWKRVHVHFWLRQV
>)RUPHUO\DQGWKHQ@
742.466 Disputes over coverage for
physical damage; independent appraisal;
 ,IWKHSHUVRQTXDOLI\LQJIRUDSUHPLXP
reduction under subsection (1) of this section
is the principal operator of two or more motor-
cycles, the premium discount applies to only
RQHPRWRUF\FOH1RPRUHWKDQRQHSUHPLXP
rules. ,QWKHHYHQWRIDGLVSXWHEHWZHHQ GLVFRXQWPD\EHDSSOLHGWRRQHPRWRUF\FOH

Miscellaneous Laws Page 710 (2015 Edition)

 MISCELLANEOUS LAWS  

  ,I D PRWRU YHKLFOH LQVXUDQFH SROLF\ the premium discount shall apply to only one
insures motorcycles and other vehicles, the YHKLFOH1RPRUHWKDQRQHSUHPLXPGLVFRXQW
appropriate reduction in premium charges PD\EHDSSOLHGWRRQHYHKLFOH>F
applies only to the motorcycle portion of the ††@
SROLF\>F†@ 742.492 Duration of reduction. ([FHSW
NoteWRZHUHDGGHGWR as otherwise provided in this section, the pre-
DQGPDGHDSDUWRIWKH,QVXUDQFH&RGHE\
legislative action but were not added to ORS
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
742.483 Effective period for premium
reduction. ([FHSWDVRWKHUZLVHSURYLGHGLQ
this section, the premium reduction required
XQGHU256VKDOOEHHIIHFWLYHIRUDQ
insured for a three-year period after successful RIPDLQWDLQLQJWKHGLVFRXQWWKDWWKHLQVXUHG
FRPSOHWLRQRIWKHDSSURYHGFRXUVH>F
†@
Note6HHQRWHXQGHU
742.486 Issuance and presentation of
FHUWLÀFDWHV IRU PRWRUF\FOH ULGHU HGX-
cation course. An organization offering a
motorcycle rider education course established
XQGHU256VKDOOLVVXHDFHUWLÀFDWHWR
each person who successfully completes the
FRXUVH7KHSHUVRQVKDOOSUHVHQWWKHFHUWLÀ-
cate to an insurer to qualify for the premium
UHGXFWLRQUHTXLUHGXQGHU256>
F†@
PLXPUHGXFWLRQUHTXLUHGE\256
shall be effective for an insured for a three-
year period after successful completion of the
approved course if the person is less than 70
years of age at the time of taking the course or
for a two-year period after successful comple-
tion of an approved course if the person is 70
years of age or more at the time of taking the
FRXUVH$QLQVXUHUPD\UHTXLUHDVDFRQGLWLRQ

(1) Not be involved in an accident for which
the insured is at fault; and
(2) Not be convicted of or plead guilty or nolo
FRQWHQGHUHWRDPRYLQJWUDIÀFYLRODWLRQ>
F†@
 &HUWLÀFDWLRQRIFRPSOHWLRQRI
course. Any organization offering a motor
vehicle accident prevention course approved by
the Department of Transportation shall issue
DFHUWLÀFDWHWRHDFKSHUVRQZKRVXFFHVVIXOO\
FRPSOHWHVWKHFRXUVH7KHSHUVRQVKDOOSUHV-
HQWWKHFHUWLÀFDWHWRDQLQVXUHUWRTXDOLI\IRU
the premium discount required under ORS
Note6HHQRWHXQGHU >F†@
 /LPLWDWLRQRQTXDOLÀFDWLRQIRU
Age-Based Discount discount. No person shall receive a discount
XQGHU256WRLIWKHSHUVRQ
742.490 Premium reduction; condi- takes the approved course as a punishment,
tions; application. (1) Any rate, rating plan VSHFLÀHGE\DFRXUWRURWKHUJRYHUQPHQWHQWLW\
RUUDWLQJV\VWHPÀOHGZLWKWKH'LUHFWRURI IRUDPRYLQJWUDIÀFYLRODWLRQ>F†@
the Department of Consumer and Business
Services for a motor vehicle insurance policy Uninsured Motorist Coverage
offering liability, personal injury protection
or collision coverage, shall provide an appro-  'HÀQLWLRQVIRU256WR
priate reduction in premium charges for such 742.506. $VXVHGLQ256WR
FRYHUDJHLI  ´%RGLO\LQMXU\µKDVWKHPHDQLQJJLYHQ
(a) The principal operator of the covered WKDWWHUPLQ256
YHKLFOHLVDQLQVXUHG\HDUVRIDJHRUROGHU  ´,QVXUHGµKDVWKHPHDQLQJJLYHQWKDW
(b) The principal operator of the covered WHUPLQ256
vehicle has successfully completed, within the  D´0RWRUYHKLFOHµPHDQVHYHU\VHOISUR-
DSSURSULDWHWLPHDVVSHFLÀHGLQWKLVVXEVHF- pelled device in, upon or by which any person
tion, a motor vehicle accident prevention course or property is or may be transported or drawn
DSSURYHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ XSRQDSXEOLFKLJKZD\
To meet the requirements of this subsection, a
course must be completed no more than three  E´0RWRUYHKLFOHµGRHVQRWLQFOXGH
years prior to the beginning of the policy period (A) A device used exclusively on stationary
for which the discounted rate applies if the rails or tracks;
person is less than 70 years of age at the time
of taking the course or no more than two years  %0RWRUWUXFNVDVGHÀQHGLQ256
prior to the beginning of the policy period for WKDWKDYHDUHJLVWUDWLRQZHLJKWDVGHÀQHGLQ
which the discounted rate applies if the person 256RIPRUHWKDQSRXQGVLI
is 70 years of age or more at the time of taking the insured has employees that operate the
WKHFRXUVH trucks and a workers’ compensation law, a
GLVDELOLW\EHQHÀWVODZRUDVLPLODUODZFRYHUV
(c) There are no persons under 25 years of the employees; or
DJHZKRUHJXODUO\RSHUDWHWKHYHKLFOH
(C) Farm-type tractors or self-propelled
 G7KHYHKLFOHLVQRWFODVVLÀHGIRUXQGHU- equipment designed for use principally off
ZULWLQJSXUSRVHVDVXVHGIRUDEXVLQHVV SXEOLFKLJKZD\V
 ,IWKHSHUVRQTXDOLI\LQJIRUDSUHPLXP (4) “Sums that the insured or the heirs or
reduction under subsection (1) of this section is legal representative of the insured is legally
the principal operator of two or more vehicles,

Miscellaneous Laws Page 711 (2015 Edition)

 MISCELLANEOUS LAWS

HQWLWOHGWRUHFRYHUDVGDPDJHVµKDVWKHPHDQ- brief summary that is not part of the insurance

LQJJLYHQWKDWWHUPLQ256 contract and that describes what uninsured
 ´8QLQVXUHGPRWRULVWFRYHUDJHµPHDQV
coverage within the terms and conditions
VSHFLÀHGLQ256WKDWLQVXUHVWKH
insured or the heirs or legal representative of
the insured for all sums that the insured or the
heirs or legal representative is legally entitled
to recover as damages for bodily injury or death
that is caused by accident and that arises from
owning, maintaining or using an uninsured
vehicle in amounts or limits not less than the
amounts or limits prescribed for bodily injury
RUGHDWKXQGHU256
motorist coverage provides and what the
XQGHULQVXUHGFRYHUDJHSURYLGHV7KHVXP-
mary must also state the price for coverage
with limits equal to the named insured’s bodily
injury liability limits and the price for cover-
age with the lower limits the named insured
UHTXHVWHG7KHVWDWHPHQWUHPDLQVLQIRUFH
until a named insured rescinds the statement
in writing or until the motor vehicle bodily
LQMXU\OLDELOLW\OLPLWVDUHFKDQJHG7KH'HSDUW-
ment of Consumer and Business Services shall
approve the form of statement that complies
ZLWKWKLVSDUDJUDSK
 ´8QLQVXUHGYHKLFOHµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256>)RUPHUO\
F†@
742.502 Uninsured motorist coverage;
(c) A statement electing lower limits need
not be signed if vehicles are either added to
or subtracted from a policy or if the policy is
DPHQGHGUHQHZHGPRGLÀHGRUUHSODFHGE\WKH
underinsurance coverage. (YHU\PRWRU
vehicle liability policy that insures against a
loss that a natural person suffers and that
results from liability imposed by law for bodily
injury or death that arises out of owning, main-
taining or using a motor vehicle shall provide
in the policy or by indorsement on the policy
uninsured motorist coverage if the policy is
HLWKHU prescribed to meet the requirements of ORS
same insurer or an insurer within a group of
companies that is under common ownership or
control, unless the liability limits of the policy
DUHFKDQJHG
(3) The insurer that issues the policy may
offer one or more options of uninsured motor-
ist coverage that are larger than the amounts
DQGLQH[FHVVRIWKHOLPLWVSURYLGHG
 D,VVXHGIRUGHOLYHU\LQWKLVVWDWHRU under the policy for motor vehicle bodily
 E,VVXHGRUGHOLYHUHGE\DQLQVXUHUWKDW
does business in this state with respect to any
motor vehicle then principally used or princi-
SDOO\JDUDJHGLQWKLVVWDWH
(2)(a) A motor vehicle bodily injury liability
policy must have the same limits for uninsured
motorist coverage as for bodily injury liability
coverage unless a named insured in writing
HOHFWVORZHUOLPLWV7KHLQVXUHGPD\QRWHOHFW
limits lower than the amounts prescribed to
PHHWWKHUHTXLUHPHQWVRI256IRU
ERGLO\LQMXU\RUGHDWK8QLQVXUHGPRWRULVWFRY-
erage must include underinsurance coverage
for bodily injury or death caused by accident
and arising out of the ownership, maintenance
or use of a motor vehicle with motor vehicle
liability insurance that provides recovery in
an amount that is less than the sums that the
insured or the heirs or legal representative
of the insured is legally entitled to recover
as damages for bodily injury or death that
is caused by accident and that arises out of
owning, maintaining or using an uninsured
YHKLFOH8QGHULQVXUDQFHFRYHUDJHPXVWEH
equal to the sums that the insured or the heirs
or legal representative of the insured is legally
entitled to recover as damages for bodily injury
or death that is caused by accident and that
arises out of owning, maintaining or using an
uninsured vehicle up to the limits of the unin-
VXUHGPRWRULVWFRYHUDJH
LQMXU\OLDELOLW\LQVXUDQFH2IIHUVRIXQLQVXUHG
motorist coverage must include underinsur-
ance coverage for bodily injury or death that
is caused by accident and that arises out of
owning, maintaining or using a motor vehicle
with motor vehicle liability insurance that
provides recovery in an amount that is less
than the sums that the insured or the heirs or
legal representative of the insured is legally
entitled to recover as damages for bodily injury
or death that is caused by accident and that
arises out of owning, maintaining or using an
XQLQVXUHGYHKLFOH8QGHULQVXUDQFHFRYHUDJH
must be equal to the sums that the insured or
the heirs or legal representative of the insured
is legally entitled to recover as damages for
bodily injury or death that is caused by acci-
dent and that arises from owning, maintaining
or using an uninsured vehicle up to the limits
RIWKHXQLQVXUHGPRWRULVWFRYHUDJH
(4) Underinsurance coverage is subject to
256DQG
(5) Uninsured motorist coverage and under-
insurance coverage must provide coverage for
bodily injury or death if the amount of liabil-
ity insurance recovered is less than the sums
that the insured or the heirs or legal repre-
sentative of the insured is legally entitled to
recover as damages for bodily injury or death
that is caused by accident and that arises out
of owning, maintaining or using an uninsured
 E,IDQDPHGLQVXUHGHOHFWVORZHUOLPLWV YHKLFOH
the named insured shall sign a statement to
HOHFWORZHUOLPLWVZLWKLQGD\VDIWHUWKHWLPH
WKHQDPHGLQVXUHGPDNHVWKHHOHFWLRQ7KH
statement must acknowledge that a named
insured was offered uninsured motorist cov-
erage with the limits equal to those for bodily
LQMXU\OLDELOLW\7KHVWDWHPHQWPXVWKDYHD
 8QLQVXUHGPRWRULVWFRYHUDJHDQGXQGHU-
insurance coverage must provide coverage for
bodily injury or death if the amount recovered
from a self-insurer is less than the sums that
the insured or the heirs or legal representa-
tive of the insured is legally entitled to recover
as damages for bodily injury or death that

Miscellaneous Laws Page 712 (2015 Edition)

 MISCELLANEOUS LAWS  

is caused by accident and that arises out of  D´%RGLO\LQMXU\µPHDQVERGLO\LQMXU\

owning, maintaining or using an uninsured sickness or disease, including death resulting
YHKLFOH WKHUHIURP
(7) As used in this section and except as
otherwise provided in this subsection, “amount
recovered from other motor vehicle liability
LQVXUDQFHSROLFLHVµPHDQVWKHSURFHHGVRIOLD-
bility insurance or the proceeds received from
DSXEOLFERG\XQGHU256WRWKDW
are recovered by or on behalf of the injured
SDUW\3URFHHGVUHFRYHUHGRQEHKDOIRIWKH
injured party include proceeds the injured
party’s insurer receives as reimbursement for
SHUVRQDOLQMXU\SURWHFWLRQEHQHÀWVWKHLQVXUHU
provides to the injured person, proceeds the
medical providers of the injured person receive
and proceeds received as attorney fees on the
FODLPRIWKHLQMXUHGSHUVRQ,IDSSOLFDEOHOLDELO-
ity insurance policy limits are exhausted upon
payment, settlement or judgment by division
among two or more injured persons, “amount
recovered from other motor vehicle liability
LQVXUDQFHSROLFLHVµPHDQVWKHSURFHHGVWKDW
are recovered by or on behalf of the injured
person but does not include any proceeds of
the liability policy that other injured persons
UHFHLYH>)RUPHUO\F†
F†F†F†
F†F†F†
F†@
 E´+LWDQGUXQYHKLFOHµPHDQVDYHKLFOH
that causes bodily injury to an insured arising
out of physical contact of the vehicle with the
insured or with a vehicle the insured is occu-
S\LQJDWWKHWLPHRIWKHDFFLGHQWSURYLGHG
(A) The identity of either the operator or
the owner of the hit-and-run vehicle cannot
be ascertained;
(B) The insured or someone on behalf of
the insured reported the accident within 72
KRXUVWRDSROLFHSHDFHRUMXGLFLDORIÀFHUWR
the Department of Transportation or to the
equivalent department in the state where the
DFFLGHQWRFFXUUHGDQGÀOHGZLWKWKHLQVXUHU
within 30 days thereafter a statement under
oath that the insured or the legal represen-
tative of the insured has a cause or causes of
action arising out of the accident for damages
against a person or persons whose identities
are unascertainable, and setting forth the facts
in support thereof; and
(C) At the insurer’s request, the insured or
the legal representative of the insured makes
available for inspection the vehicle the insured
ZDVRFFXS\LQJDWWKHWLPHRIWKHDFFLGHQW
742.504 Required provisions of unin-
sured motorist coverage. (YHU\ SROLF\
UHTXLUHGWRSURYLGHWKHFRYHUDJHVSHFLÀHGLQ
256VKDOOSURYLGHXQLQVXUHGPRWRU-
ist coverage that in each instance is no less
favorable in any respect to the insured or the
EHQHÀFLDU\WKDQLIWKHIROORZLQJSURYLVLRQV
ZHUHVHWIRUWKLQWKHSROLF\+RZHYHUQRWKLQJ
contained in this section requires the insurer
to reproduce in the policy the particular lan-
JXDJHRIDQ\RIWKHIROORZLQJSURYLVLRQV that, if the named insured as stated in the
 F´,QVXUHGµZKHQXQTXDOLÀHGDQGZKHQ
applied to uninsured motorist coverage,
PHDQV
(A) The named insured as stated in the
policy and any person designated as named
insured in the schedule and, while residents of
the same household, the spouse of any named
insured and relatives of either, provided that
neither the relative nor the spouse is the owner
of a vehicle not described in the policy and
policy is other than an individual or spouses
 D 1RWZLWKVWDQGLQJ 256  WR
WKHLQVXUHUZLOOSD\DOOVXPVWKDWWKH
insured or the heirs or legal representative
of the insured is legally entitled to recover
as damages from the owner or operator of an
uninsured vehicle because of bodily injury sus-
tained by the insured caused by accident and
arising out of the ownership, maintenance or
XVHRIWKHXQLQVXUHGYHKLFOH'HWHUPLQDWLRQ
as to whether the insured, the insured’s heirs
or the insured’s legal representative is legally
entitled to recover such damages, and if so, the
amount thereof, shall be made by agreement
between the insured and the insurer, or, in the
in a marriage who are residents of the same
household, the named insured shall be only a
person so designated in the schedule;
(B) Any child residing in the household of
the named insured if the insured has per-
formed the duties of a parent to the child by
rearing the child as the insured’s own although
the child is not related to the insured by blood,
marriage or adoption; and
(C) Any other person while occupying an
insured vehicle, provided the actual use thereof
LVZLWKWKHSHUPLVVLRQRIWKHQDPHGLQVXUHG
event of disagreement, may be determined by  G´,QVXUHGYHKLFOHµH[FHSWDVSURYLGHGLQ
arbitration as provided in subsection (10) of
WKLVVHFWLRQ
(b) No judgment against any person or orga-
nization alleged to be legally responsible for
bodily injury, except for proceedings instituted
against the insurer as provided in this policy,
shall be conclusive, as between the insured
and the insurer, on the issues of liability of
the person or organization or of the amount
of damages to which the insured is legally
HQWLWOHG
SDUDJUDSKHRIWKLVSURYLVLRQPHDQV
(A) The vehicle described in the policy or a
newly acquired or substitute vehicle, as each
RIWKRVHWHUPVLVGHÀQHGLQWKHSXEOLFOLDELOLW\
coverage of the policy, insured under the public
liability provisions of the policy; or
(B) A nonowned vehicle operated by the
named insured or spouse if a resident of the
same household, provided that the actual use
thereof is with the permission of the owner of
the vehicle and the vehicle is not owned by nor
 $VXVHGLQWKLVSROLF\

Miscellaneous Laws Page 713 (2015 Edition)

 MISCELLANEOUS LAWS

furnished for the regular or frequent use of the (B) Are calculated without regard to the tort
LQVXUHGRUDQ\PHPEHURIWKHVDPHKRXVHKROG FODLPVOLPLWDWLRQVRI256WR
 H ´,QVXUHG YHKLFOHµ GRHV QRW LQFOXGH and
a trailer of any type unless the trailer is a  & $UH QR ODUJHU WKDQ EHQHÀWV SD\DEOH
GHVFULEHGYHKLFOHLQWKHSROLF\ under the terms of the policy as provided in
 I´2FFXS\LQJµPHDQVLQRUXSRQRUHQWHULQJ VXEVHFWLRQRIWKLVVHFWLRQ
LQWRRUDOLJKWLQJIURP  N´8QLQVXUHGYHKLFOHµH[FHSWDVSURYLGHG
 J´3KDQWRPYHKLFOHµPHDQVDYHKLFOHWKDW
causes bodily injury to an insured arising out
of a motor vehicle accident that is caused by a
vehicle that has no physical contact with the
insured or the vehicle the insured is occupying
DWWKHWLPHRIWKHDFFLGHQWSURYLGHG prescribed for bodily injury or death under
(A) The identity of either the operator or
the owner of the phantom vehicle cannot be
ascertained;
(B) The facts of the accident can be corrob-
orated by competent evidence other than the
testimony of the insured or any person having
an uninsured motorist claim resulting from
the accident; and
(C) The insured or someone on behalf of
the insured reported the accident within 72
KRXUVWRDSROLFHSHDFHRUMXGLFLDORIÀFHUWR
the Department of Transportation or to the
equivalent department in the state where the
DFFLGHQWRFFXUUHGDQGÀOHGZLWKWKHLQVXUHU
within 30 days thereafter a statement under
oath that the insured or the legal represen-
tative of the insured has a cause or causes of
LQSDUDJUDSK/RIWKLVSURYLVLRQPHDQV
(A) A vehicle with respect to the ownership,
maintenance or use of which there is no col-
lectible motor vehicle bodily injury liability
insurance, in at least the amounts or limits
256DSSOLFDEOHDWWKHWLPHRIWKHDFFL-
dent with respect to any person or organization
legally responsible for the use of the vehicle,
or with respect to which there is collectible
bodily injury liability insurance applicable
at the time of the accident but the insurance
company writing the insurance denies coverage
or the company writing the insurance becomes
voluntarily or involuntarily declared bankrupt
or for which a receiver is appointed or becomes
LQVROYHQW,WVKDOOEHDGLVSXWDEOHSUHVXPS-
tion that a vehicle is uninsured in the event
the insured and the insurer, after reasonable
efforts, fail to discover within 90 days from the
date of the accident, the existence of a valid
and collectible motor vehicle bodily injury lia-
bility insurance applicable at the time of the
DFFLGHQW
action arising out of the accident for damages  %$KLWDQGUXQYHKLFOH
against a person or persons whose identities
are unascertainable, and setting forth the facts  &$SKDQWRPYHKLFOH
LQVXSSRUWWKHUHRI  '$VWROHQYHKLFOH
 K´6WDWHµLQFOXGHVWKH'LVWULFWRI&ROXPELD  ($YHKLFOHWKDWLVRZQHGRURSHUDWHGE\
a territory or possession of the United States DVHOILQVXUHU
DQGDSURYLQFHRI&DQDGD (i) That is not in compliance with ORS
 L´6WROHQYHKLFOHµPHDQVDQLQVXUHGYHKLFOH
that causes bodily injury to the insured arising
RXWRIDPRWRUYHKLFOHDFFLGHQWLI an amount that is less than the sums that the
(A) The vehicle is operated without the con-
sent of the insured;
(B) The operator of the vehicle does not have
collectible motor vehicle bodily injury liability
insurance;
(C) The insured or someone on behalf of the
FRU
(ii) That provides recovery to an insured in
insured or the heirs or legal representative
of the insured is legally entitled to recover
as damages for bodily injury or death that
is caused by accident and that arises out of
owning, maintaining or using an uninsured
YHKLFOH
insured reported the accident within 72 hours  /´8QLQVXUHGYHKLFOHµGRHVQRWLQFOXGH
WRDSROLFHSHDFHRUMXGLFLDORIÀFHURUWRWKH (A) An insured vehicle, unless the vehicle
equivalent department in the state where the is a stolen vehicle;
accident occurred; and
(D) The insured or someone on behalf of the
insured cooperates with the appropriate law
enforcement agency in the prosecution of the
WKHIWRIWKHYHKLFOH
(j) “Sums that the insured or the heirs or
legal representative of the insured is legally
HQWLWOHGWRUHFRYHUDVGDPDJHVµPHDQVWKH
DPRXQWRIGDPDJHVWKDW agency of any such government;
(A) A claimant could have recovered in a
civil action from the owner or operator at the
time of the injury after determination of fault
or comparative fault and resolution of any
applicable defenses;
 %([FHSWDVSURYLGHGLQSDUDJUDSKN(
of this subsection, a vehicle that is owned or
operated by a self-insurer within the meaning
RIDQ\PRWRUYHKLFOHÀQDQFLDOUHVSRQVLELOLW\
law, motor carrier law or any similar law;
(C) A vehicle that is owned by the United
States of America, Canada, a state, a politi-
cal subdivision of any such government or an
(D) A land motor vehicle or trailer, if oper-
ated on rails or crawler-treads or while located
for use as a residence or premises and not as a
vehicle;

Miscellaneous Laws Page 714 (2015 Edition)

 MISCELLANEOUS LAWS  

 ( $ IDUPW\SH WUDFWRU RU HTXLSPHQW
designed for use principally off public roads,
except while actually upon public roads; or
(F) A vehicle owned by or furnished for the
regular or frequent use of the insured or any
PHPEHURIWKHKRXVHKROGRIWKHLQVXUHG
subsection, the insured protects the insurer’s
right of subrogation to the claim against the
WRUWIHDVRU
(e) When seeking consent under paragraph
(a) or (d) of this subsection, the insured shall
allow the insurer a reasonable time in which
 P´9HKLFOHµPHDQVHYHU\GHYLFHLQXSRQRU
by which any person or property is or may be
transported or drawn upon a public highway,
but does not include devices moved by human
power or used exclusively upon stationary rails
RUWUDFNV
(3) This coverage applies only to accidents
that occur on and after the effective date of
the policy, during the policy period and within
the United States of America, its territories or
SRVVHVVLRQVRU&DQDGD
(4)(a) This coverage does not apply to bodily
injury of an insured with respect to which
the insured or the legal representative of the
insured shall, without the written consent
of the insurer, make any settlement with or
prosecute to judgment any action against any
person or organization who may be legally
OLDEOHWKHUHIRU
(b) This coverage does not apply to bodily
injury to an insured while occupying a vehicle,
other than an insured vehicle, owned by, or
furnished for the regular use of, the named
insured or any relative resident in the same
household, or through being struck by the
YHKLFOH
(c) This coverage does not apply so as to
LQXUHGLUHFWO\RULQGLUHFWO\WRWKHEHQHÀWRI
any workers’ compensation carrier, any person
or organization qualifying as a self-insurer
under any workers’ compensation or disability
EHQHÀWVODZRUDQ\VLPLODUODZRUWKH6WDWH
$FFLGHQW,QVXUDQFH)XQG&RUSRUDWLRQ
(d) This coverage does not apply with respect
to collect and evaluate information related to
FRQVHQWWRWKHSURSRVHGRIIHURIVHWWOHPHQW7KH
insured shall provide promptly to the insurer
any information that is reasonably requested
by the insurer and that is within the custody
DQGFRQWURORIWKHLQVXUHG&RQVHQWZLOOEH
presumed to be given if the insurer does not
UHVSRQGZLWKLQDUHDVRQDEOHWLPH)RUSXU-
SRVHVRIWKLVSDUDJUDSKD´UHDVRQDEOHWLPHµ
is no more than 30 days from the insurer’s
receipt of a written request for consent, unless
WKHLQVXUHGDQGWKHLQVXUHUDJUHHRWKHUZLVH
(5)(a) As soon as practicable, the insured
or other person making claim shall give to
the insurer written proof of claim, under oath
if required, including full particulars of the
nature and extent of the injuries, treatment
and other details entering into the determi-
QDWLRQRIWKHDPRXQWSD\DEOHKHUHXQGHU7KH
insured and every other person making claim
hereunder shall submit to examinations under
oath by any person named by the insurer and
subscribe the same, as often as may reason-
DEO\EHUHTXLUHG3URRIRIFODLPVKDOOEHPDGH
upon forms furnished by the insurer unless
the insurer fails to furnish the forms within
GD\VDIWHUUHFHLYLQJQRWLFHRIFODLP
(b) Upon reasonable request of and at the
expense of the insurer, the injured person shall
submit to physical examinations by physicians,
physician assistants or nurse practitioners
selected by the insurer and shall, upon each
request from the insurer, execute authorization
to enable the insurer to obtain medical reports
DQGFRSLHVRIUHFRUGV
WRXQGHULQVXUHGPRWRULVWEHQHÀWVXQOHVV  ,IEHIRUHWKHLQVXUHUPDNHVSD\PHQWRI
(A) The limits of liability under any bodily
injury liability insurance applicable at the time
of the accident regarding the injured person
have been exhausted by payment of judgments
or settlements to the injured person or other
injured persons;
(B) The described limits have been offered
in settlement, the insurer has refused consent
under paragraph (a) of this subsection and the
insured protects the insurer’s right of subro-
gation to the claim against the tortfeasor;
(C) The insured gives credit to the insurer
for the unrealized portion of the described
liability limits as if the full limits had been
received if less than the described limits have
been offered in settlement, and the insurer has
consented under paragraph (a) of this subsec-
tion; or
(D) The insured gives credit to the insurer
for the unrealized portion of the described
liability limits as if the full limits had been
received if less than the described limits have
been offered in settlement and, if the insurer
has refused consent under paragraph (a) of this
Miscellaneous Laws Page 715
loss hereunder, the insured or the legal rep-
resentative of the insured institutes any legal
action for bodily injury against any person or
organization legally responsible for the use of
a vehicle involved in the accident, a copy of
the summons and complaint or other process
served in connection with the legal action shall
be forwarded immediately to the insurer by
the insured or the legal representative of the
LQVXUHG
(7)(a) The limit of liability stated in the
GHFODUDWLRQVDVDSSOLFDEOHWR´HDFKSHUVRQµLV
the limit of the insurer’s liability for all dam-
ages because of bodily injury sustained by one
person as the result of any one accident and,
subject to the above provision respecting each
person, the limit of liability stated in the dec-
ODUDWLRQVDVDSSOLFDEOHWR´HDFKDFFLGHQWµLV
the total limit of the company’s liability for all
damages because of bodily injury sustained by
two or more persons as the result of any one
DFFLGHQW
(b) Any amount payable under the terms
of this coverage because of bodily injury sus-
tained in an accident by a person who is an
insured under this coverage shall be reduced
(2015 Edition)
 MISCELLANEOUS LAWS
by the amount paid and the present value of
all amounts payable on account of the bodily
injury under any workers’ compensation law,
GLVDELOLW\EHQHÀWVODZRUDQ\VLPLODUODZ
(c) Any amount payable under the terms
of this coverage because of bodily injury sus-
tained in an accident by a person who is an
insured under this coverage shall be reduced
by the credit given to the insurer pursuant to
VKDOOWDNHSODFHDVGHVFULEHGLQ256
Any judgment upon the award rendered by
the arbitrators may be entered in any court
having jurisdiction thereof, provided, however,
that the costs to the insured of the arbitra-
tion proceeding do not exceed $100 and that
all other costs of arbitration are borne by the
LQVXUHU´&RVWVµDVXVHGLQWKLVSURYLVLRQGRHV
not include attorney fees or expenses incurred
VXEVHFWLRQG&RU'RIWKLVVHFWLRQ
(d) The amount payable under the terms
of this coverage may not be reduced by the
amount of liability proceeds offered, described
in subsection (4)(d)(B) or (D) of this section,
WKDWKDVQRWEHHQSDLGWRWKHLQMXUHGSHUVRQ
,IOLDELOLW\SURFHHGVKDYHEHHQRIIHUHGDQGQRW
paid, the amount payable under the terms of
in the production of evidence or witnesses or
the making of transcripts of the arbitration
SURFHHGLQJV7KHSHUVRQDQGWKHLQVXUHUHDFK
agree to consider themselves bound and to be
bound by any award made by the arbitrators
pursuant to this coverage in the event of such
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the coverage shall include the amount of lia-  D,QWKHFRXQW\DQGVWDWHRIUHVLGHQFHRI
bility limits offered but not accepted due to the the insured;
LQVXUHU·VUHIXVDOWRFRQVHQW7KHLQVXUHGVKDOO
cooperate so as to permit the insurer to proceed
by subrogation or assignment to prosecute the
FODLPDJDLQVWWKHXQLQVXUHGPRWRULVW
(8) No action shall lie against the insurer
 E ,Q WKH FRXQW\ DQG VWDWH ZKHUH WKH
insured’s cause of action against the uninsured
motorist arose; or
(c) At any other place mutually agreed upon
E\WKHLQVXUHGDQGWKHLQVXUHU
unless, as a condition precedent thereto, the
insured or the legal representative of the
insured has fully complied with all the terms
RIWKLVSROLF\
(9)(a) With respect to bodily injury to an
LQVXUHG the exercise of any rights of recovery of the
(A) While occupying a vehicle owned by a
named insured under this coverage, the insur-
DQFHXQGHUWKLVFRYHUDJHLVSULPDU\
(B) While occupying a vehicle not owned
by a named insured under this coverage, the
insurance under this coverage shall apply only
as excess insurance over any primary insur-
ance available to the occupant that is similar
to this coverage, and this excess insurance
coverage shall then apply only to the sums
 ,QWKHHYHQWRISD\PHQWWRDQ\SHUVRQ
XQGHUWKLVFRYHUDJH
(a) The insurer shall be entitled to the
extent of the payment to the proceeds of any
settlement or judgment that may result from
person against any uninsured motorist legally
responsible for the bodily injury because of
which payment is made;
(b) The person shall hold in trust for the
EHQHÀWRIWKHLQVXUHUDOOULJKWVRIUHFRYHU\
that the person shall have against such other
uninsured person or organization because of
the damages that are the subject of claim made
under this coverage, but only to the extent that
the claim is made or paid herein;
that the insured or the heirs or legal repre-
sentative of the insured is legally entitled to
recover as damages for bodily injury or death
that is caused by accident and that arises out
of owning, maintaining or using an uninsured
YHKLFOH
(b) With respect to bodily injury to an
insured while occupying any motor vehicle
used as a public or livery conveyance, the
insurance under this coverage shall apply only
as excess insurance over any other insurance
available to the insured that is similar to this
coverage, and this excess insurance coverage
shall then apply only to the amount by which
the applicable limit of liability of this coverage
exceeds the sum of the applicable limits of lia-
ELOLW\RIDOORWKHULQVXUDQFH
 F,IWKHLQVXUHGLVLQMXUHGE\WKHMRLQW
or concurrent act or acts of two or more per-
sons, one or more of whom is uninsured, the
insured shall have the election to receive from
the insurer any payment to which the insured
would be entitled under this coverage by reason
of the act or acts of the uninsured motorist, or
the insured may, with the written consent of
the insurer, proceed with legal action against
any or all persons claimed to be liable to the
LQVXUHGIRUWKHLQMXULHV,IWKHLQVXUHGHOHFWV
to receive payment from the insurer under
this coverage, then the insured shall hold in
WUXVWIRUWKHEHQHÀWRIWKHLQVXUHUDOOULJKWV
of recovery the insured shall have against any
RWKHUSHUVRQÀUPRURUJDQL]DWLRQEHFDXVHRI
the damages that are the subject of claim made
 ,IDQ\SHUVRQPDNLQJFODLPKHUHXQGHU
and the insurer do not agree that the person
is legally entitled to recover damages from
the owner or operator of an uninsured vehicle
because of bodily injury to the insured, or do
under this coverage, but only to the extent of
the actual payment made by the insurer;
(d) The person shall do whatever is proper
to secure and shall do nothing after loss to
prejudice such rights;
not agree as to the amount of payment that
may be owing under this coverage, then, in
the event the insured and the insurer elect by
mutual agreement at the time of the dispute to
settle the matter by arbitration, the arbitration
 H,IUHTXHVWHGLQZULWLQJE\WKHLQVXUHUWKH
person shall take, through any representative
QRWLQFRQÁLFWLQLQWHUHVWZLWKWKHSHUVRQGHV-
ignated by the insurer, such action as may be

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS
necessary or appropriate to recover payment
as damages from such other uninsured person
or organization, such action to be taken in the
name of the person, but only to the extent of
WKHSD\PHQWPDGHKHUHXQGHU,QWKHHYHQWRID
recovery, the insurer shall be reimbursed out
of the recovery for expenses, costs and attor-
ney fees incurred by the insurer in connection
 
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 742 by legislative action but
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See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
742.506 Allocation of responsibility
among insurers. Notwithstanding the con-
trary provisions of any policy, the provisions
therewith; and
(f) The person shall execute and deliver to
the insurer any instruments and papers as may
be appropriate to secure the rights and obliga-
tions of the person and the insurer established
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(12)(a) The parties to this coverage agree
that no cause of action shall accrue to the
insured under this coverage unless within
WZR\HDUVIURPWKHGDWHRIWKHDFFLGHQW 
RI256VKDOOFRQWURODOORFDWLRQRI
responsibility between insurers, except that
if all policies potentially involved expressly
allocate responsibility between insurers, or
self-insurers, without repugnancy, then the
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  'HÀQLWLRQV IRU 256 
and 742.510. As used in this section and ORS

(A) Agreement as to the amount due under
the policy has been concluded;
(B) The insured or the insurer has formally
instituted arbitration proceedings;
 ´&RYHUHGPRWRUYHKLFOHµPHDQVDSUL-
vate passenger motor vehicle or a self-propelled
mobile home that is owned by the named
insured for which a premium has been paid for
FRYHUDJHXQGHUWKLVVHFWLRQDQG256
 &7KHLQVXUHGKDVÀOHGDQDFWLRQDJDLQVW
the insurer; or  ´,QVXUHGYHKLFOHµPHDQVDPRWRUYHKL-
cle described in the declarations for which a
 '6XLWIRUERGLO\LQMXU\KDVEHHQÀOHG
against the uninsured motorist and, within
WZR\HDUVIURPWKHGDWHRIVHWWOHPHQWRUÀQDO
judgment against the uninsured motorist,
the insured has formally instituted arbitra-
VSHFLÀFSUHPLXPFKDUJHLQGLFDWHVWKDWXQGHU-
insured motorists coverage is afforded but the
WHUP´LQVXUHGYHKLFOHµVKDOOQRWLQFOXGHDYHKL-
FOHZKLOHXVHGDVDSXEOLFRUOLYHU\FRQYH\DQFH
WLRQSURFHHGLQJVRUÀOHGDQDFWLRQDJDLQVWWKH  ´3ULYDWHSDVVHQJHUPRWRUYHKLFOHµPHDQV
LQVXUHU a four-wheel passenger or station wagon type
motor vehicle not more than 12 years old and
 E)RUSXUSRVHVRIWKLVVXEVHFWLRQ not used as a public or livery conveyance, and
 $´'DWHRIVHWWOHPHQWµPHDQVWKHGDWH includes any other four-wheel motor vehicle
on which a written settlement agreement of the utility, pickup body, sedan delivery or
or release is signed by an insured or, in the panel truck type not used for wholesale or
absence of these documents, the date on which UHWDLOGHOLYHU\
the insured or the attorney for the insured
receives payment of any sum required by the
VHWWOHPHQWDJUHHPHQW$QDGYDQFHSD\PHQW
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a payment of a settlement for purposes of the
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(A) A vehicle with respect to the ownership,
maintenance or use of which there is no col-
lectible property damage insurance, in at least
the amounts or limits prescribed under ORS
FDSSOLFDEOHDWWKHWLPHRIWKHDFFL-
 %´)LQDOMXGJPHQWµPHDQVDMXGJPHQWWKDW
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by entry in an appellate court of an appellate
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742.505 Arbitration procedures under
ORS 742.504. Unless the parties agree oth-
erwise, arbitration proceedings under ORS
VKDOOEHFRQGXFWHGDVIROORZV to discover within 90 days from the date of the
(1) Parties to an arbitration proceeding shall
submit the dispute to arbitration by a panel of
WKUHHDUELWUDWRUV7KHSDQHOVKDOOFRQVLVWRI
dent with respect to any person or organization
legally responsible for the use of such vehicle,
or with respect to which there is such collect-
ible insurance applicable at the time of the
accident but the insurance company writing
the same denies coverage thereunder or, within
two years of the date of the accident, such com-
pany writing the same becomes voluntarily or
involuntarily declared bankrupt or for which
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vehicle is uninsured in the event the insured
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Miscellaneous Laws Page 717 (2015 Edition)

 MISCELLANEOUS LAWS
(A) An insured vehicle;
(B) A vehicle which is owned or operated by
a self-insurer within the meaning of any motor
YHKLFOHÀQDQFLDOUHVSRQVLELOLW\ODZPRWRUFDU-
rier law or any similar law;
(C) A vehicle which is owned by the United
States of America, Canada, a state, a politi-
cal subdivision of any such government or an
agency of any of the foregoing;
(D) A land motor vehicle or trailer, if oper-
ated on rails or crawler-treads or while located
for use as a residence or premises and not as a
vehicle;
action arising out of such accident for damages
against a person or persons whose identity is
unascertainable, and setting forth the facts in
VXSSRUWWKHUHRI>)RUPHUO\F
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a part of ORS chapter 743 by legislative action
but were not added to ORS chapter 742 or any
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742.510 Property damage coverage for
damage to vehicle caused by uninsured
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designed for use principally off public roads,
except while actually upon public roads; or
(F) A vehicle owned by or furnished for the
regular or frequent use of the insured or any
PHPEHURIWKHKRXVHKROGRIWKHLQVXUHG
vehicle liability insurance policies on private
passenger motor vehicles or on self-propelled
mobile homes for delivery in this state shall
have for sale coverage for property damage to a
vehicle of the insured caused by an uninsured
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shall be at least the amount prescribed to meet
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 D´+LWDQGUXQYHKLFOHµPHDQVDYHKLFOH
that causes damage to the covered vehicle of an
insured arising out of physical contact between
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(A) There cannot be ascertained the identity
of either the operator or the owner of such hit-
and-run vehicle;
(B) The insured or someone on behalf of
the insured reports the accident within 72
KRXUVWRDSROLFHSHDFHRUMXGLFLDORIÀFHUWR
the Department of Transportation or to the
equivalent department in the state where the
DFFLGHQWRFFXUUHGDQGÀOHVZLWKWKHLQVXUHU
within 30 days thereafter a statement under
oath that the insured or the legal represen-
tative of the insured has a cause or causes of
action arising out of such accident for damages
against a person or persons whose identity is
unascertainable, and setting forth the facts in
support thereof; and
(C) At the insurer’s request, the insured or
the legal representative of the insured makes
for injury to or destruction of the property of
RWKHUVLQDQ\RQHDFFLGHQW
(2) A policy with the coverage described in
property damage to the covered motor vehicle
as the result of an accident with a hit-and-run
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(3) Coverage for property damage described
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(a) Applies only to the amount of damages
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(b) Does not include coverage for loss of use
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 'HÀQLWLRQVIRU256WR
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available for inspection the vehicle which was  ´(YDOXDWLRQVHUYLFHVµPHDQVSK\VLFDO
LQVXUHGDWWKHWLPHRIWKHDFFLGHQW examinations or reviews of medical records
RIEHQHÀFLDULHVFRQGXFWHGDWWKHUHTXHVWRIDQ
 E´3KDQWRPYHKLFOHµPHDQVDYHKLFOHWKDW insurer by either an employee of the insurer
causes damage to the covered vehicle of an or a third-party medical record or bill review
insured, although there is no physical contact service to determine whether the provision or
EHWZHHQWKHYHKLFOHVSURYLGHG continuation of medical services is necessary
(A) There cannot be ascertained the iden- RUUHDVRQDEOH
tity of either the operator or the owner of such
phantom vehicle;
(B) The facts of such accident can be corrob-
orated by competent evidence other than the
testimony of the insured or any passenger in
  ´0DQDJHG FDUH VHUYLFHVµ PHDQV DQ\
system of health care delivery that attempts to
control or coordinate use of health care services
in order to contain health care expenditures
RULPSURYHTXDOLW\RIKHDOWKFDUHVHUYLFHV
the insured motor vehicle; and
(C) The insured or someone on behalf of the
insured shall have reported the accident within
KRXUVWRDSROLFHSHDFHRUMXGLFLDORIÀFHU
to the Department of Transportation or to the
equivalent department in the state where the
DFFLGHQWRFFXUUHGDQGVKDOOKDYHÀOHGZLWKWKH
insurer within 30 days thereafter a statement
under oath that the insured or the legal repre-
sentative of the insured has a cause or causes of
Miscellaneous Laws Page 718
 ´0RWRUYHKLFOHµPHDQVDVHOISURSHOOHG
ODQGPRWRUYHKLFOHRUWUDLOHURWKHUWKDQ
(a) A farm-type tractor or other self-pro-
pelled equipment designed for use principally
off public roads, while not upon public roads;
(b) A vehicle operated on rails or crawl-
er-treads; or
(c) A vehicle located for use as a residence
RUSUHPLVHV
(2015 Edition)
 MISCELLANEOUS LAWS  

  ´0RWRUF\FOHµ DQG ´PRSHGµ KDYH WKH SULYDWHSDVVHQJHUPRWRUYHKLFOH+RZHYHU

PHDQLQJVJLYHQWKRVHWHUPVLQ256 this exclusion applies only when the injury or
DQG death results from such person’s operating or
 ´2FFXS\LQJµPHDQVLQRUXSRQRUHQWHU- RFFXS\LQJWKHPRWRUYHKLFOH
LQJLQWRRUDOLJKWLQJIURP  E,QWKHFDVHRIDSDVVHQJHURFFXS\LQJRUD
 ´3HGHVWULDQµPHDQVDSHUVRQZKLOHQRW pedestrian struck by the insured motor vehicle,
occupying a self-propelled vehicle other than from the use, occupancy or maintenance of the
a wheelchair or a similar low-powered motor- YHKLFOH
ized or mechanically propelled vehicle that is
GHVLJQHGVSHFLÀFDOO\IRUXVHE\DSHUVRQZLWK
a physical disability and that is determined to
be medically necessary for the occupant of the
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sist of payments for expenses, loss of income
and loss of essential services as provided in
256
(4) An insurer shall pay all personal injury
 ´3HUVRQDOLQMXU\SURWHFWLRQEHQHÀWVµ SURWHFWLRQEHQHÀWVSURPSWO\DIWHUSURRIRIORVV
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WR (5) The potential existence of a cause of
 ´3ULYDWHSDVVHQJHUPRWRUYHKLFOHµPHDQV action in tort does not relieve an insurer from
a four-wheel passenger or station wagon type the duty to pay personal injury protection
motor vehicle not used as a public or livery EHQHÀWV
conveyance, and includes any other four-wheel
motor vehicle of the utility, pickup body, sedan
delivery or panel truck type not used for whole-
sale or retail delivery other than farming, a
VHOISURSHOOHGPRELOHKRPHDQGDIDUPWUXFN
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ciaries about the amount of personal injury
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decided by arbitration if mutually agreed to
 ´3URRIRIORVVµPHDQVGRFXPHQWDWLRQ DWWKHWLPHRIWKHGLVSXWH$UELWUDWLRQXQGHU
that allows an insurer to determine whether a this subsection shall take place as described
person is entitled to personal injury protection LQ256
EHQHÀWVDQGWKHDPRXQWRIDQ\EHQHÀWWKDWLV  $QLQVXUHU
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(a) May not enter into or renew any contract
 ´3URYLGHUµKDVWKHPHDQLQJJLYHQWKDW
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742.520 Personal injury protection
EHQHÀWVIRUPRWRUYHKLFOHOLDELOLW\SRO-
that provides, or has the effect of providing,
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(b) May enter into or renew any contract that
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icies; applicability. (YHU\PRWRUYHKLFOH
liability policy issued for delivery in this state
that covers any private passenger motor vehi-
cle shall provide personal injury protection
EHQHÀWVWRWKHSHUVRQLQVXUHGWKHUHXQGHU
members of that person’s family residing in
the same household, children not related to the
insured by blood, marriage or adoption who are
residing in the same household as the insured
and being reared as the insured’s own, pas-
sengers occupying the insured motor vehicle
and pedestrians struck by the insured motor
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742.521 Conditions applicable to
arbitration proceedings. (1) Arbitration
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ducted under local court rules in the county
ZKHUHWKHDUELWUDWLRQLVKHOG
(2) Findings and awards made in an arbi-
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 3HUVRQDOLQMXU\SURWHFWLRQEHQHÀWVDSSO\
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 D,QWKHFDVHRIWKHSHUVRQLQVXUHGXQGHU (c) May not be used for the purpose of col-
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residing in the same household, from the use, NoteZDVDGGHGWRDQGPDGHDSDUW
occupancy or maintenance of any motor vehi- of ORS chapter 742 by legislative action but
FOHH[FHSWWKHIROORZLQJYHKLFOHV ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
(A) A motor vehicle, including a motorcycle See Preface to Oregon Revised Statutes for
or moped, that is owned or furnished or avail- IXUWKHUH[SODQDWLRQ
able for regular use by any of such persons and 742.522 Binding arbitration under ORS
that is not described in the policy; 742.520; costs. (1) Costs to the insured of the
(B) A motorcycle or moped which is not DUELWUDWLRQSURFHHGLQJXQGHU256
owned by any of such persons, but this exclu- shall not exceed $100 and all other costs of
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upon the motorcycle or moped; and include attorney fees or expenses incurred
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Miscellaneous Laws Page 719 (2015 Edition)

 MISCELLANEOUS LAWS

SURFHHGLQJV>)RUPHUO\F return to work if the person is engaged in a

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742.524 Contents of personal injury
SURWHFWLRQEHQHÀWVGHGXFWLEOHV(1) Per-
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(a) All reasonable and necessary expenses of
medical, hospital, dental, surgical, ambulance
and prosthetic services incurred within two
years after the date of the person’s injury, but
not more than $15,000 in the aggregate for
DOOVXFKH[SHQVHVRIWKHSHUVRQ([SHQVHVRI
medical, hospital, dental, surgical, ambulance
and prosthetic services are presumed to be
remunerative occupation or for as long as the
person is unable to perform essential services
that the person would have performed without
income if the person is not usually engaged in
a remunerative occupation, but not to exceed
(2) With respect to the insured person and
members of that person’s family residing in the
same household, an insurer may offer forms of
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(1)(a), (b) and (c) of this section with deductibles
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reasonable and necessary unless the provider
receives notice of denial of the charges not
PRUHWKDQFDOHQGDUGD\VDIWHUWKHLQVXUHU
receives from the provider notice of the claim
IRUWKHVHUYLFHV$WDQ\WLPHGXULQJWKHÀUVW
50 calendar days after the insurer receives
notice of claim, the provider shall, within 10
business days, answer in writing questions
IURPWKHLQVXUHUUHJDUGLQJWKHFODLP)RUSXU-
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provided by this paragraph has elapsed, count-
ing of days shall be suspended if the provider
does not supply written answers to the insurer
within 10 days and may not resume until the
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provided in subsection (2) of this section, a
provider shall charge a person who receives
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(a) An amount that does not exceed the
amount the provider charges the general
public; or
(b) An amount that does not exceed the
fee schedules for medical services published
SXUVXDQWWR256IRUH[SHQVHVRIPHG-
ical, hospital, dental, surgical and prosthetic
VHUYLFHV
(2) For expenses of hospital services that
 E,IWKHLQMXUHGSHUVRQLVXVXDOO\HQJDJHG
in a remunerative occupation and if disability
continues for at least 14 days, 70 percent of the
loss of income from work during the period of
the injured person’s disability until the date
the person is able to return to the person’s
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maximum payment of $3,000 per month and a
maximum payment period in the aggregate of
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are subject to the adjusted cost-to-charge
UDWLRVSHFLÀHGIRUDKRVSLWDOLQWKHKRVSLWDOIHH
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a provider of hospital services shall charge a
person who receives personal injury protection
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(a) The amount of the hospital charges mul-
tiplied by the adjusted cost-to-charge ratio
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includes but is not limited to salary, wages,  E1LQHW\SHUFHQWRIWKHKRVSLWDOFKDUJHV
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engaged in a remunerative occupation and if
disability continues for at least 14 days, the
expenses reasonably incurred by the injured
person for essential services that were per-
formed by a person who is not related to the
injured person or residing in the injured
person’s household in lieu of the services the
injured person would have performed without
income during the period of the person’s dis-
ability until the date the person is reasonably
DEOHWRSHUIRUPVXFKHVVHQWLDOVHUYLFHV7KLV
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$30 per day and a maximum payment period
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(d) All reasonable and necessary funeral
expenses incurred within one year after the
date of the person’s injury, but not more than

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(a) The insured and members of the family
of the insured residing in the same household
injured while occupying the insured motor
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(b) Passengers injured while occupying the
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(c) The insured and members of family
residing in the same household injured as
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(d) The insured and members of family
residing in the same household injured while
 H,IWKHLQMXUHGSHUVRQLVDSDUHQWRID
minor child and is required to be hospitalized
for a minimum of 24 hours, $25 per day for
child care, with payments to begin after the
initial 24 hours of hospitalization and to be
made for as long as the person is unable to
occupying a motor vehicle not insured under
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(e) Pedestrians injured by the insured motor
vehicle, other than the insured and members
of family residing in the same household, shall

Miscellaneous Laws Page 720 (2015 Edition)

 MISCELLANEOUS LAWS  

EHH[FHVVRYHUDQ\RWKHUFROODWHUDOEHQHÀWVWR  %HQHÀWVPD\EHPRUHIDYRU-
which the injured person is entitled, including able than those required by ORS 742.520,
EXWQRWOLPLWHGWRLQVXUDQFHEHQHÀWVJRYHUQ- 742.524 and 742.530. 1RWKLQJLQ256
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may be reduced or eliminated, if it is so pro-
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742.534 Reimbursement of other insur-
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liability and amount of reimbursement.
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742.528 Notice of denial of payment of
EHQHÀWVAn insurer who denies payment of
SHUVRQDOLQMXU\SURWHFWLRQEHQHÀWVWRRURQ
EHKDOIRIDQLQVXUHGVKDOO vehicle accident by a person for whom personal
(1) Provide written notice of the denial,
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from the provider, to the insured, stating
the reason for the denial and informing the
insured of the method for contesting the denial;
and
(2) Provide a copy of the notice of the denial,
ZLWKLQFDOHQGDUGD\VRIUHFHLYLQJDFODLP
from the provider, to a provider of services
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authorized motor vehicle liability insurer
whose insured is or would be held legally liable
for damages for injuries sustained in a motor
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have been furnished by an authorized health
insurer, shall reimburse such other insurer
IRUWKHEHQHÀWVLWKDVVRIXUQLVKHGLILWKDV
requested such reimbursement, has not given
QRWLFHDVSURYLGHGLQ256WKDWLWHOHFWV
recovery by lien in accordance with that section
and is entitled to reimbursement under this
VHFWLRQE\WKHWHUPVRILWVSROLF\5HLPEXUVH-
XQGHU256D>)RUPHUO\
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742.529 Payment based on incorrect
determination of responsibility; notice;
ment under this subsection, together with the
amount paid to injured persons by the liability
insurer, shall not exceed the limits of the policy
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repayment. ,I SHUVRQDO LQMXU\ SURWHFWLRQ
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appeared to establish proof of loss and the
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the insurer was not responsible for the pay-
ment, the insurer shall give notice and
explanation to the provider that the payment
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receiving the notice and explanation the pro-
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ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
See Preface to Oregon Revised Statutes for
 ,QFDOFXODWLQJVXFKUHLPEXUVHPHQWWKH
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ished in proportion to the amount of negligence
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have been so furnished, and the reimburse-
ment shall not exceed the amount of damages
OHJDOO\UHFRYHUDEOHE\WKHSHUVRQ
(3) Disputes between insurers as to such
issues of liability and the amount of reimburse-
ment required by this section shall be decided
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(4) Findings and awards made in such an
arbitration proceeding are not admissible in
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IXUWKHUH[SODQDWLRQ  ,IDQLQVXUHUGRHVQRWUHTXHVWUHLPEXUVH-
ment under this section for recovery of personal
742.530 Exclusions from coverage. (1) injury protection payments, then the insurer
The insurer may exclude from the coverage for may only recover personal injury protection
SHUVRQDOLQMXU\SURWHFWLRQEHQHÀWVDQ\LQMXUHG SD\PHQWVXQGHUWKHSURYLVLRQVRI256
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organized racing or speed contest or practice
or preparation for any such contest; or
(c) Willfully conceals or misrepresents any
material fact in connection with a claim for
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(2) The insurer may exclude from the cover-
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(1)(b) and (c) any person injured as a pedes-
trian in an accident outside this state, other
than the insured person or a member of that
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Miscellaneous Laws Page 721
742.536 Notice of claim or legal action
to insurer; insurer to elect manner of
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insurer. (1) When an authorized motor vehi-
cle liability insurer has furnished personal
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person injured in a motor vehicle accident,
if such injured person makes claim, or insti-
tutes legal action, for damages for such injuries
against any person, such injured person shall
give notice of such claim or legal action to the
insurer by personal service or by registered or
FHUWLÀHGPDLO6HUYLFHRIDFRS\RIWKHVXPPRQV
and complaint or copy of other process served
in connection with such a legal action shall be
VXIÀFLHQWQRWLFHWRWKHLQVXUHULQZKLFKFDVHD
(2015 Edition)
 MISCELLANEOUS LAWS
return showing service of such notice shall be
ÀOHGZLWKWKHFOHUNRIWKHFRXUWEXWVKDOOQRW
EHDSDUWRIWKHUHFRUGH[FHSWWRJLYHQRWLFH
(2) The insurer may elect to seek reimburse-
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has so furnished, out of any recovery under
such claim or legal action, if the insurer has not
been a party to an interinsurer reimbursement
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fees incurred by the injured person in connec-
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(2) The injured person shall hold in trust
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of recovery which the injured person has, but
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(3) The injured person shall do whatever is
proper to secure, and shall do nothing after
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LWVSROLF\WRWKHEHQHÀWRIWKLVVHFWLRQ7KH
insurer shall give written notice of such elec-
tion within 30 days from the receipt of notice
or knowledge of such claim or legal action to
the person making claim or instituting legal
action and to the person against whom claim
is made or legal action instituted, by personal
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the case of a legal action, a return showing
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with the clerk of the court but shall not be a
part of the record except to give notice to the
claimant and the defendant of the lien of the
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the injured person shall take, through any
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the injured person designated by the insurer,
such action as may be necessary or appropriate
WRUHFRYHUVXFKEHQHÀWVIXUQLVKHGDVGDPDJHV
from such responsible person, such action to
be taken in the name of the injured person,
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insurer shall also be reimbursed out of such
recovery for the injured person’s share of
expenses, costs and attorney fees incurred by
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notice of election and, where applicable, such expenses, costs and attorney fees under this
UHWXUQLVVRÀOHG section, the basis of allocation shall be the
respective proportions borne to the total recov-
(a) The insurer has a lien against such cause HU\E\
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the proportion, not to exceed 100 percent, of  D6XFKEHQHÀWVIXUQLVKHGE\WKHLQVXUHU
expenses, costs and attorney fees incurred and
by the injured person in connection with the  E7KHWRWDOUHFRYHU\OHVVD
recovery that the amount of the lien before such
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(b) The injured person shall include as dam-
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deliver to the insurer such instruments and
papers as may be appropriate to secure the
rights and obligations of the insurer and the
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shall be taken in the name of the injured ity insurance policy or health insurance policy
SHUVRQ giving rights to the insurer relating to sub-
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which meets other requirements reasonably
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742.538 Subrogation rights of insurers
to certain amounts received by claimant;
recovery actions against persons causing
injury. ,IDPRWRUYHKLFOHOLDELOLW\LQVXUHUKDV
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a person injured in a motor vehicle accident,
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of that section, and the insurer has not elected
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and is entitled by the terms of its policy to the
EHQHÀWRIWKLVVHFWLRQ shall be reimbursed for personal injury pro-
(1) The insurer is entitled to the proceeds
of any settlement or judgment that may result
from the exercise of any rights of recovery of
the injured person against any person legally
responsible for the accident, to the extent of
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insurer’s share of expenses, costs and attorney
Miscellaneous Laws Page 722
rogation or the subject matter of this section
shall be construed and applied in accordance
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742.542 Effect of personal injury pro-
WHFWLRQEHQHÀWVSDLGPayment by a motor
vehicle liability insurer of personal injury pro-
WHFWLRQEHQHÀWVIRULWVRZQLQVXUHGVKDOOEH
applied in reduction of the amount of damages
that the insured may be entitled to recover
from the insurer under uninsured or underin-
sured motorist coverage for the same accident
but may not be applied in reduction of the unin-
sured or underinsured motorist coverage policy
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742.544 Reimbursement for personal
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tection payments made on behalf of any person
only to the extent that the total amount of ben-
HÀWVSDLGH[FHHGVWKHGDPDJHVVXIIHUHGE\WKDW
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(2015 Edition)
 MISCELLANEOUS LAWS  

(a) Applicable underinsured motorist bene- ZULWWHQQRWLFHRIUHVFLVVLRQQRODWHUWKDQÀYH

ÀWVGHVFULEHGLQ256 business days after the execution of the release
(b) Liability insurance coverage available
to the person receiving the personal injury
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accident;
(c) Personal injury protection payments; and
(d) Any other payments by or on behalf of
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(2) Nothing in this section requires a person
to repay more than the amount of personal
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742.546 Required disclosure in release
for bodily injuries related to personal
LQMXU\SURWHFWLRQEHQHÀWV(1) When a motor
vehicle liability insurer obtains a release for
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ing an accident from a person who is eligible
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must state that, subject to the motor vehicle
liability insurer’s applicable limits of liability,
the rights of an insurer furnishing personal
and then promptly performs all other requisite
DFWVIRUUHVFLVVLRQRIDFRQWUDFW)RUWKHSXU-
poses of this subsection, notice of rescission is
provided to an insurer on the date and time
shown on a properly addressed proof of mailing
RUHOHFWURQLFWUDQVPLVVLRQ>F†@
Note6HHQRWHXQGHU
Total Loss
742.554 Disclosures required by insurer
to motor vehicle owner when insurer
declares vehicle total loss. When an insurer
declares a motor vehicle a total loss and offers
to make a cash settlement to an insured or
third-party owner of the motor vehicle, the
insurer shall provide the insured or third-
SDUW\RZQHU
(1) Any valuation or appraisal reports relied
upon by the insurer to determine value; and
(2) A written statement in a form provided
by the Director of the Department of Consumer
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injury protection to recover payments made
IRUPHGLFDOEHQHÀWVIURPWKHPRWRUYHKLFOH
OLDELOLW\LQVXUHUDUHQRWLPSDLUHG
(2) Nothing in this section impairs the rights
of a motor vehicle liability insurer to contest
a recovery claim from an insurer furnishing
personal injury protection, based upon liability
or the reasonableness or necessity of medical
EHQHÀWVSDLGE\WKHLQVXUHUIXUQLVKLQJSHU-
VRQDOLQMXU\SURWHFWLRQ>F†@
NoteDQGZHUHDGGHGWR
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legislative action but were not added to ORS
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ace to Oregon Revised Statutes for further
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742.548 Required language in disclo-
sure; conditions for rescission of release.
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insurer obtains a release for a claim of bodily
injuries in person from a person who is eligible
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XQGHU256WR third-party owner under the policy nor pre-
(1) The representative of the insurer must
provide the eligible person with a clear and
conspicuous notice substantially similar to
the following, which shall be incorporated into
the insurer’s release or provided in a separate
GRFXPHQW (2) An insurer is not obligated to pay the
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uation and the duties of the insurer; and
(b) The manner in which and under what
circumstances the insured may contact the
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legislative action but were not added to ORS
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ace to Oregon Revised Statutes for further
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742.558 Dispute resolution process for
total loss vehicles. (1) An insurer shall pay
the insured or third-party owner of a motor
vehicle the amount of the motor vehicle’s value
that is not in dispute if the insurer declares the
motor vehicle a total loss and the insurer and
the insured or third-party owner are unable to
DJUHHRQWKHYDOXHRIWKHPRWRUYHKLFOH$FFHS-
tance of payment of the undisputed amount
neither waives the rights of the insured or
vents the insured or third-party owner from
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ment of the undisputed amount by the insurer
does not waive any rights of the insurer under
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undisputed amount under subsection (1) of this
section until the insured or third-party owner
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7+$7 &21&/8'(6 <285 &/$,06  D$JUHHVWRH[HFXWHGRFXPHQWVVXIÀFLHQW
$*$,1677+(3$57,(6,7,'(17,),(6 to transfer ownership of the motor vehicle to
$)7(5<286,*1,7<28:,//127%( the insurer; and
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(2) The eligible person may rescind the
release if the person provides the insurer
Miscellaneous Laws
(b) Authorizes the insurer, at the insurer’s
expense, to move the motor vehicle to a dis-
closed location selected by the insurer, where
the motor vehicle will remain available for
inspection and evaluation for not fewer than
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Page 723 (2015 Edition)
 MISCELLANEOUS LAWS
(3) After the expiration of the 14-day period
under subsection (2) of this section, the insurer
may proceed with the salvage sale of the motor
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Cancellation
 'HÀQLWLRQVIRU256WR
year but not extending beyond the actual term
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742.562 Grounds for cancellation of
policies; notice required; applicability.
(1) A notice of cancellation of a policy shall be
effective only if it is based on one or more of
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742.572. $VXVHGLQ256WR  D1RQSD\PHQWRISUHPLXP
 ´&DQFHOODWLRQµPHDQVWHUPLQDWLRQRIFRY- (b) Fraud or material misrepresentation
erage by an insurer, other than termination affecting the policy or in the presentation of
at the request of the insured, during a policy a claim thereunder, or violation of any of the
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erage by reason of the policy having reached
the end of the term for which it was issued or
the end of the period for which a premium has
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(c) The named insured or any operator either
resident in the same household or who custom-
arily operates an automobile insured under the
policy has had driving privileges suspended
or revoked pursuant to law during the policy
period, or, if the policy is a renewal, during
 ´1RQSD\PHQWRISUHPLXPµPHDQVIDLOXUH its policy period or the 180 days immediately
of the named insured to discharge when due SUHFHGLQJLWVHIIHFWLYHGDWH$QLQVXUHUPD\QRW
any of the insured’s obligations in connection cancel a policy for the reason that the driving
with the payment of premiums on the policy, privileges of the named insured or operator
or any installment of such premium, whether
the premium is payable directly to the insurer
or an insurance producer who is its agent or
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or (8) if the suspension was based on a non-
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(2) This section shall not apply to any policy
or coverage which has been in effect less than
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insurer to the named insured that the insurer mailed or delivered by the insurer unless it is
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 ´3ROLF\µPHDQVDQ\LQVXUDQFHSROLF\
that provides automobile liability coverage,
uninsured motorist coverage, automobile med-
ical payments coverage or automobile physical
damage coverage on individually owned pri-
vate passenger vehicles, including pickup and
panel trucks and station wagons, that are not
used as a public or livery conveyance for pas-
VHQJHUVQRUUHQWHGWRRWKHUV+RZHYHU256
WRGRQRWDSSO\WRDQ\SROLF\ effective date of cancellation and accompanied
(3) This section shall not apply to nonre-
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742.564 Manner of giving cancellation
notice. (1) No notice of cancellation of a policy
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unless mailed or delivered by the insurer to the
named insured at least 30 days prior to the
by a statement of the reason or reasons for
 D,VVXHGXQGHUDQDXWRPRELOHDVVLJQHGULVN cancellation, provided, however, that where
plan; cancellation is for nonpayment of premium at
 E,QVXULQJPRUHWKDQIRXUDXWRPRELOHV least 10 days’ notice of cancellation accompa-
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(c) Covering garage, automobile sales
agency, repair shop, service station or public (2) This section shall not apply to nonre-
parking place operation hazards; or QHZDO>)RUPHUO\@
 G,VVXHGSULQFLSDOO\WRFRYHUSHUVRQDORU
premises liability of an insured even though
such insurance may also provide some inci-
dental coverage for liability arising out of the
ownership, maintenance or use of a motor vehi-
cle on the premises of such insured or on the
ZD\VLPPHGLDWHO\DGMRLQLQJVXFKSUHPLVHV
742.566 Renewal of policies; require-
ments for refusal to renew. (1) An insurer
shall offer renewal of a policy, contingent upon
payment of premium as stated in the offer, to
an insured unless the insurer mails or delivers
to the named insured, at the address shown
in the policy, at least 30 days’ advance notice
RIQRQUHQHZDO6XFKQRWLFHVKDOOFRQWDLQRUEH
 ´5HQHZDOµRU´WRUHQHZµPHDQVWRFRQ-
tinue coverage for an additional policy period
upon expiration of the current policy period
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or term of less than six months shall for the
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ered as if written for a policy period or term
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expiration date shall for the purpose of ORS
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for successive policy periods or terms of one
Miscellaneous Laws Page 724
accompanied by a statement of the reason or
UHDVRQVIRUQRQUHQHZDO
(2) The insurer shall not be required to
notify the named insured or any other insured
of nonrenewal of the policy if the insurer has
mailed or delivered a notice of expiration or
cancellation on or prior to the 30th day pre-
FHGLQJH[SLUDWLRQRIWKHSROLF\SHULRG
(3) Notwithstanding the failure of an
insurer to comply with this section, the policy
(2015 Edition)
 MISCELLANEOUS LAWS  

shall terminate on the effective date of any LVVXHVVXFKDSROLF\7KHLQVXUHUVKDOOUHSRUW

replacement or succeeding automobile insur- the person’s name and residence address, the
ance policy, with respect to any automobile YHKLFOHLGHQWLÀFDWLRQQXPEHURIHDFKYHKLFOH
GHVLJQDWHGLQERWKSROLFLHV covered by the policy, whether the policy was
(4) An insurer may not refuse to renew a bought, canceled or not renewed and any other
policy for the reason that the driving privileges information required by the department by
of the named insured or any operator either UXOHXQGHU256>F†@
resident in the same household or who custom-
arily operates an automobile insured under Personal Vehicle Sharing
the policy were suspended pursuant to ORS  'HÀQLWLRQVIRU256WR
RULIWKHVXVSHQVLRQZDVEDVHG 742.600. $VXVHGLQ256WR
RQDQRQGULYLQJRIIHQVH>)RUPHUO\
F†EF†@   ´2ZQHU·V LQVXUDQFH SROLF\µ PHDQV D
private passenger motor vehicle liability insur-
742.568 Proof of cancellation or non- DQFHSROLF\WKDWLQFOXGHV
renewal notice. Proof of mailing notice of
cancellation, or of intention not to renew or of (a) All coverage necessary to comply with the
reasons for cancellation, to the named insured ÀQDQFLDORUIXWXUHUHVSRQVLELOLW\UHTXLUHPHQWV
at the address shown in the policy, shall be RI256FKDSWHU
VXIÀFLHQWSURRIRIQRWLFH>)RUPHUO\@ (b) The personal injury protection coverage
742.570 Notifying insured under can- UHTXLUHGXQGHU256WR
celed or unrenewed policy of eligibility (c) The uninsured motorist coverage
for participation in insurance pool. When UHTXLUHGXQGHU256WRDQG
automobile bodily injury and property damage
liability coverage is canceled, other than for (d) Any optional coverage selected by the
nonpayment of premium, or in the event of RZQHU
failure to renew automobile bodily injury and  ´3HUVRQDOYHKLFOHVKDULQJµPHDQVWKH
property damage liability coverage to which use of a private passenger motor vehicle by
256DSSOLHVWKHLQVXUHUVKDOOQRWLI\ persons other than the vehicle’s registered
the named insured of possible eligibility for owner in connection with a personal vehicle
automobile liability insurance through any VKDULQJSURJUDP
insurance pool or facility operating in this
state, whether voluntarily or under stat-
XWHRUUXOH6XFKQRWLFHVKDOODFFRPSDQ\RU
be included in the notice of cancellation or
WKHQRWLFHRILQWHQWQRWWRUHQHZ>)RUPHUO\
@
742.572 Immunity from liability of per-
  ´3HUVRQDO YHKLFOH VKDULQJ SURJUDPµ
PHDQVDOHJDOHQWLW\TXDOLÀHGWRGREXVLQHVV
in this state engaged in the business of facili-
tating the sharing of private passenger motor
vehicles for noncommercial use by individuals
ZLWKLQWKLVVWDWH
sons furnishing information regarding  ´3ULYDWHSDVVHQJHUPRWRUYHKLFOHµPHDQV
cancellation or nonrenewal of policies. a four-wheel passenger or station wagon type
motor vehicle insured under a motor vehicle
There shall be no liability on the part of and no
liability insurance policy covering a single
cause of action of any nature shall arise against
the Director of the Department of Consumer individual or individuals residing in the same
and Business Services or against any insurer, KRXVHKROGDVWKHQDPHGLQVXUHG
its authorized representative, its agents, its  ´3URJUDPLQVXUDQFHSROLF\µPHDQVD
HPSOR\HHVRUDQ\ÀUPSHUVRQRUFRUSRUDWLRQ motor vehicle liability insurance policy that
furnishing to the insurer information as to is obtained by the personal vehicle sharing
reasons for cancellation or nonrenewal, for any SURJUDPDQGWKDW
statement made by any of them in any written  D,QFOXGHVDOOFRYHUDJHQHHGHGWRFRPSO\
notice of cancellation or nonrenewal, or in any ZLWK WKH ÀQDQFLDO RU IXWXUH UHVSRQVLELOLW\
other communication, oral or written, specify- UHTXLUHPHQWVRI256FKDSWHU
ing the reasons for cancellation or nonrenewal,
or providing of information pertaining thereto,  E ,QFOXGHV WKH SHUVRQDO LQMXU\ SURWHF-
or for statements made or evidence submitted WLRQFRYHUDJHUHTXLUHGXQGHU256WR
at any hearings conducted in connection there- 
ZLWK>)RUPHUO\@  F,QFOXGHVWKHXQLQVXUHGPRWRULVWFRYHUDJH
UHTXLUHGXQGHU256WR
Report by Insurer to Department
of Transportation  G,QFOXGHVFRPSUHKHQVLYHSURSHUW\GDPDJH
coverage for the vehicle;
742.580 Report of cancellation, non-
renewal or issuance of motor vehicle  H,QFOXGHVFROOLVLRQSURSHUW\GDPDJHFRY-
liability policy. (YHU\LQVXUHUWKDWLVVXHV erage for the vehicle; and
motor vehicle insurance that is designed to (f) Does not include any other optional cov-
PHHWHLWKHUWKHÀQDQFLDORUIXWXUHUHVSRQVL- erage selected by the owner of the vehicle and
ELOLW\UHTXLUHPHQWVRI256FKDSWHUVKDOO LQFOXGHGLQWKHRZQHU·VLQVXUDQFHSROLF\>
report to the Department of Transportation F†@
within 30 days of the day that a person or the
insurer cancels or fails to renew such a policy NoteWRZHUHDGGHGWR
and within 15 days of the day that an insurer DQGPDGHDSDUWRIWKH,QVXUDQFH&RGHE\

Miscellaneous Laws Page 725 (2015 Edition)

 MISCELLANEOUS LAWS
legislative action but were not added to ORS
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI-
ace to Oregon Revised Statutes for further
H[SODQDWLRQ
742.590 Personal vehicle sharing pro-
gram requirements. For each vehicle that
the program facilitates the use of, a personal
YHKLFOHVKDULQJSURJUDPVKDOO any provision in the owner’s insurance policy
(1) Provide a program insurance policy
with coverage for the vehicle, the designated
operator of the vehicle and all persons who,
with the consent of the named insured, use
WKHPRWRUYHKLFOHLQVXUHGXQGHUWKHSROLF\7KH
limits for any coverage included in the program
insurance policy that is also included in the
owner’s insurance policy must be equal to or
greater than the coverage limits provided in
the owner’s insurance policy, as reported to the
SURJUDPE\WKHRZQHU+RZHYHUWKHSURJUDP
may not provide liability coverage that is less
to the program with a disclosure that contains
information explaining the requirements of
WKLVVHFWLRQ>F†@
Note6HHQRWHXQGHU
742.595 Assumption of liability; excep-
WLRQVLQGHPQLÀFDWLRQSURKLELWLRQRQ
policy cancellation. (1) Notwithstanding
DQGQRWZLWKVWDQGLQJ256FKDSWHUV
DQGDQG256WR
DQGLQWKHHYHQWRIDQ\ORVV
or injury that occurs at any time when the
vehicle is under the operation and control of
a person, other than the vehicle’s registered
owner, pursuant to a personal vehicle sharing
program, or is otherwise under the control of a
personal vehicle sharing program, the program
shall assume all liability of the vehicle owner
and shall be considered the vehicle owner for
DOOSXUSRVHV
WKDQWKUHHWLPHVWKHOLPLWVVSHFLÀHGLQ256

(2) Provide the vehicle’s registered owner
with a proof of compliance with the insurance
UHTXLUHPHQWVRIWKLVVHFWLRQDQGWKHÀQDQFLDO
or future responsibility requirements of ORS
FKDSWHUDFRS\RIZKLFKPXVWEHPDLQ-
tained in the vehicle by the vehicle’s registered
owner at all times when the vehicle is operated
by any person other than the vehicle’s regis-
WHUHGRZQHUSXUVXDQWWRWKHSURJUDP
(3) Collect, maintain and make available
to the vehicle’s registered owner, the vehicle’s
registered owner’s primary motor vehicle lia-
bility insurer and any government agency as
UHTXLUHGE\ODZDWWKHFRVWRIWKHSURJUDP (3) A personal vehicle sharing program con-
 1RWKLQJLQVXEVHFWLRQRIWKLVVHFWLRQ
(a) Limits the liability of a personal vehicle
sharing program for any acts or omissions by
the program that result in injury to any per-
sons as a result of the use or operation of the
program; or
(b) Limits the ability of the personal vehicle
sharing program to, by contract, seek indemni-
ÀFDWLRQIURPWKHYHKLFOH·VUHJLVWHUHGRZQHUIRU
any claims paid by the personal vehicle shar-
ing program for any loss or injury resulting
from fraud or material misrepresentation in
the maintenance of the vehicle by the vehicle’s
UHJLVWHUHGRZQHU
tinues to be liable under subsection (1) of this
 D9HULÀDEOHHOHFWURQLFUHFRUGVWKDWLGHQWLI\
WKHGDWHDQGWLPHLQLWLDODQGÀQDOORFDWLRQV
of the vehicle and miles driven when the vehi-
cle is under the control of a person other than
the vehicle’s registered owner pursuant to the
program; and
(b) Any information concerning damages or
injuries arising out of personal vehicle sharing
SXUVXDQWWRWKHSURJUDP
(4) Not knowingly permit the vehicle to be
operated as a commercial vehicle by a personal
vehicle sharing user while engaged in personal
YHKLFOHVKDULQJ)RUWKHSXUSRVHVRIWKLVVXE-
VHFWLRQ´FRPPHUFLDOYHKLFOHµKDVWKHPHDQLQJ
JLYHQWKDWWHUPLQ256
VHFWLRQXQWLO
(a) The vehicle is returned to a location des-
ignated by the program; and
(b)(A) The expiration of the time period
established for the vehicle occurs;
(B) The intent to terminate the vehicle’s
SHUVRQDOYHKLFOHVKDULQJXVHLVYHULÀDEO\FRP-
municated to the program; or
(C) The vehicle’s registered owner takes
SRVVHVVLRQDQGFRQWURORIWKHYHKLFOH
(4)(a) A personal vehicle sharing program
shall assume liability for a claim in which a
dispute exists as to who was in control of a
private passenger motor vehicle when the loss
 (QVXUHWKDWWKHYHKLFOHLVDSULYDWHSDV- JLYLQJULVHWRWKHFODLPRFFXUUHG
VHQJHUPRWRUYHKLFOH
(b) The insurer of the vehicle shall indem-
 )DFLOLWDWHWKHLQVWDOODWLRQRSHUDWLRQDQG nify the program to the extent of the insurer’s
maintenance of signage and computer hard- obligation under the owner’s insurance policy,
ware and software necessary for the vehicle if it is determined that the vehicle’s registered
WREHXVHGLQWKHSURJUDP owner was in control of the vehicle at the time
 ,QGHPQLI\WKHYHKLFOH·VUHJLVWHUHGRZQHU RIWKHORVV
for the cost of damage or theft of equipment  ,IDSULYDWHSDVVHQJHUPRWRUYHKLFOH·V
LQVWDOOHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
and any damage caused to the vehicle by the
installation, operation or maintenance of the
HTXLSPHQW
(8) Provide the vehicle’s registered owner
and any person operating the vehicle pursuant
registered owner is named as a defendant in
a civil action for any loss or injury that occurs
at any time when the vehicle is under the oper-
ation and control of a person, other than the
vehicle’s registered owner, pursuant to a per-
sonal vehicle sharing program, or is otherwise

Miscellaneous Laws 3DJH (2015 Edition)

 MISCELLANEOUS LAWS  

under the control of a personal vehicle sharing Chapter 746

program, the program shall have the duty to
defend and indemnify the vehicle’s registered
RZQHU INSURANCE TRADE PRACTICES
 1RWZLWKVWDQGLQJDQ\SURYLVLRQLQWKH 746.015 Discrimination; noncompli-
owner’s insurance policy, while the vehicle is ance; hearing. (1) No person shall make or
under the operation and control of a person, permit any unfair discrimination between indi-
other than the vehicle’s registered owner, pur- viduals of the same class and equal expectation
suant to a personal vehicle sharing program, of life, or between risks of essentially the same
or is otherwise under the control of a personal degree of hazard, in the availability of insur-
YHKLFOHVKDULQJSURJUDP ance, in the application of rates for insurance,
 D7KHLQVXUHURIWKHYHKLFOHRQÀOHZLWKWKH
Department of Transportation may exclude
any and all coverage afforded under the insur-
er’s policy; and
(b) A primary or excess insurer of the
owners, operators or maintainers of the vehi-
cle may notify an insured that the insurer has
no duty to defend or indemnify any person or
organization for liability for any loss that
occurs during use of the vehicle pursuant to a
SHUVRQDOYHKLFOHVKDULQJSURJUDP
(7) An owner’s insurance policy for a private
passenger motor vehicle may not be canceled,
voided, terminated, rescinded or nonrenewed
solely on the basis that the vehicle has been
made available for personal vehicle sharing
pursuant to a personal vehicle sharing pro-
gram that is in compliance with the provisions
RI256WR>F†@
Note6HHQRWHXQGHU
742.600 Limitation on insurance policy
UHFODVVLÀFDWLRQIRUSHUVRQDOYHKLFOHVKDU-
ing program vehicle. A private passenger
motor vehicle insured by the vehicle’s regis-
tered owner under an owner’s insurance policy
PD\QRWEHFODVVLÀHGDVDFRPPHUFLDOPRWRU
vehicle, for-hire motor vehicle, permissive use
motor vehicle or livery solely because the vehi-
cle’s registered owner allows the vehicle to be
XVHGIRUSHUVRQDOYHKLFOHVKDULQJLI (B) Demand or require a greater premium
(1) The personal vehicle sharing is conducted
XQGHUDSHUVRQDOYHKLFOHVKDULQJSURJUDP
(2) The annual revenue received by the vehi-
cle’s registered owner that was generated by
the personal vehicle sharing does not exceed
the annual expenses of owning and operating
the vehicle, including depreciation, interest,
LQWKHGLYLGHQGVRURWKHUEHQHÀWVSD\DEOHXQGHU
insurance policies, or in any other terms or
FRQGLWLRQVRILQVXUDQFHSROLFLHV
(2) Discrimination by an insurer in the
application of its underwriting standards or
rates based solely on an individual’s physical
disability is prohibited, unless such action
is based on sound actuarial principles or is
related to actual or reasonably anticipated
H[SHULHQFH)RUSXUSRVHVRIWKLVVXEVHFWLRQ
´SK\VLFDOGLVDELOLW\µVKDOOLQFOXGHEXWQRWEH
limited to, blindness, deafness, hearing or
speaking impairment or loss, or partial loss,
of function of one or more of the upper or lower
H[WUHPLWLHV
(3) Discrimination by an insurer in the
application of its underwriting standards or
rates based solely upon an insured’s or appli-
FDQW·VDWWDLQLQJRUH[FHHGLQJ\HDUVRIDJH
is prohibited, unless such discrimination is
clearly based on sound actuarial principles or
is related to actual or reasonably anticipated
H[SHULHQFH
(4)(a) An insurer may not, on the basis of the
status of an insured or prospective insured as
a victim of domestic violence or sexual violence,
GRDQ\RIWKHIROORZLQJ
(A) Deny, cancel or refuse to issue or renew
an insurance policy;
or payment;
(C) Designate domestic violence or sexual
violence, physical or mental injuries sustained
as a result of domestic violence or sexual vio-
lence or treatment received for such injuries as
a condition for which coverage will be denied
or reduced;
lease payments, motor vehicle loan payments,  '([FOXGHRUOLPLWFRYHUDJHIRUORVVHVRU
insurance, maintenance, parking, fuel, clean- deny a claim; or
ing, automobile repair and costs associated
with personal vehicle sharing, including
but not limited to the installation, operation
and maintenance of computer hardware and
software, signage identifying the vehicle as
a personal vehicle sharing vehicle and any
fees charged by a personal vehicle sharing
SURJUDP>F†@
Note6HHQRWHXQGHU
Miscellaneous Laws Page 727
 ()L[DQ\ORZHUUDWHIRURUGLVFULPLQDWHLQ
the fees or commissions of an insurance pro-
GXFHUIRUZULWLQJRUUHQHZLQJDSROLF\
(b) The fact that an insured or prospective
insured is or has been a victim of domestic vio-
lence or sexual violence shall not be considered
DSHUPLWWHGXQGHUZULWLQJRUUDWLQJFULWHULRQ
(c) Nothing in this subsection prohibits an
insurer from taking an action described in
paragraph (a) of this subsection if the action
is otherwise permissible by law and is taken
in the same manner and to the same extent
with respect to all insureds and prospec-
tive insureds without regard to whether the
(2015 Edition)
 MISCELLANEOUS LAWS

insured or prospective insured is a victim of to support such differences, shall be presumed

GRPHVWLFYLROHQFHRUVH[XDOYLROHQFH
(d) An insurer that complies in good faith
with the requirements of this subsection shall
not be subject to civil liability due to such
FRPSOLDQFH
(e) For purposes of this subsection, “domes-
WLFYLROHQFHµPHDQVWKHRFFXUUHQFHRIRQHRU
more of the following acts between family or
KRXVHKROGPHPEHUV permit, offer to make or make any contract of
(A) Attempting to cause or intentionally or
knowingly causing physical injury;
WREHHQJDJLQJLQXQIDLUGLVFULPLQDWLRQ>
F†F†F†
F†F†F†
F†F†F†
F†F†@
 ,QGXFHPHQWVQRWVSHFLÀHGLQ
policy. ([FHSWDVRWKHUZLVHH[SUHVVO\SUR-
YLGHGE\WKH,QVXUDQFH&RGHQRSHUVRQVKDOO
insurance, or agreement as to such contract,
unless all agreements or understandings by
way of inducement are plainly expressed in
 % ,QWHQWLRQDOO\ RU NQRZLQJO\ SODFLQJ
another in fear of imminent serious physical
injury; or
(C) Committing sexual abuse in any degree
DV GHILQHG LQ 256   DQG

(f) For purposes of this subsection, “sexual
YLROHQFHµPHDQVWKHFRPPLVVLRQRIDVH[XDO
RIIHQVHGHVFULEHGLQ256WR
RU
WKHSROLF\LVVXHGWKHUHRQ>F†@
746.075 Misrepresentation generally. (1)
A person may not engage, directly or indirectly,
in any action described in subsection (2) of this
VHFWLRQLQFRQQHFWLRQZLWK
(a) The offer or sale of any insurance; or
(b) Any inducement or attempted induce-
ment of any insured or person with ownership
rights under an issued life insurance policy to
lapse, forfeit, surrender, assign, effect a loan
 ,IWKH'LUHFWRURIWKH'HSDUWPHQWRI
Consumer and Business Services has reason
to believe that an insurer in the application
of its underwriting standards or rates is not
complying with the requirements of this sec-
tion, the director shall, unless the director has
reason to believe the noncompliance is willful,
give notice in writing to the insurer stating in
what manner such noncompliance is alleged
to exist and specifying a reasonable time, not
less than 10 days after the date of mailing, in
ZKLFKWKHQRQFRPSOLDQFHPD\EHFRUUHFWHG
DJDLQVWUHWDLQH[FKDQJHRUFRQYHUWWKHSROLF\
(2) Subsection (1) of this section applies to
WKHIROORZLQJDFWLRQV
(a) Making, issuing, circulating or causing
to be made, issued or circulated, any estimate,
illustration, circular or statement misrepre-
senting the terms of any policy issued or to be
LVVXHGRUWKHEHQHÀWVRUDGYDQWDJHVWKHUHLQRU
the dividends or share of surplus to be received
thereon;
(b) Making any false or misleading represen-
 D,IWKHGLUHFWRUKDVUHDVRQWREHOLHYH
that noncompliance by an insurer with the
requirements of this section is willful, or if,
within the period prescribed by the director
in the notice required by subsection (5) of
this section, the insurer does not make the
changes necessary to correct the noncompli-
DQFHVSHFLÀHGE\WKHGLUHFWRURUHVWDEOLVKWR
the satisfaction of the director that such speci-
ÀHGQRQFRPSOLDQFHGRHVQRWH[LVWWKHGLUHFWRU
tation as to the dividends or share of surplus
previously paid on similar policies;
(c) Making any false or misleading repre-
VHQWDWLRQDVWRWKHÀQDQFLDOFRQGLWLRQRIDQ\
insurer, or as to the legal reserve system upon
which any life insurer operates;
(d) Using any name or title of any policy
or class of policies misrepresenting the true
nature thereof;
PD\KROGDKHDULQJLQFRQQHFWLRQWKHUHZLWK
Not less than 10 days before the date of such
hearing the director shall mail to the insurer
written notice of the hearing, specifying the
PDWWHUVWREHFRQVLGHUHG
 H(PSOR\LQJDQ\GHYLFHVFKHPHRUDUWLÀFH
to defraud;
(f) Obtaining money or property by means
of any untrue statement of a material fact or
any omission to state a material fact necessary
 E,IDIWHUWKHKHDULQJWKHGLUHFWRUÀQGV in order to make the statement, in light of the
that the insurer’s application of its under- circumstances under which it was made, not
writing standards or rates violates the misleading;
requirements of this section, the director may
issue an order specifying in what respects such
violation exists and stating when, within a rea-
sonable period of time, further such application
VKDOOEHSURKLELWHG,IWKHGLUHFWRUÀQGVWKDW
the violation was willful, the director may sus-
SHQGRUUHYRNHWKHFHUWLÀFDWHRIDXWKRULW\RI
WKHLQVXUHU
 J(QJDJLQJLQDQ\RWKHUWUDQVDFWLRQSUDF-
tice or course of business that operates as a
fraud or deceit upon the purchaser, insured
or person with policy ownership rights; or
(h) Materially misrepresenting the provider
network of an insurer offering managed health
insurance or preferred provider organization
LQVXUDQFHDVGHÀQHGLQ256%LQFOXG-
 $IÀOLDWHGZRUNHUV·FRPSHQVDWLRQLQVXU- ing its composition and the availability of its
ers having reinsurance agreements which SURYLGHUVWRHQUROOHHVLQWKHSODQ>F
result in one carrier ceding 80 percent or more †F†@
of its workers’ compensation premium to the
other, while utilizing different workers’ com-
pensation rate levels without objective evidence

Miscellaneous Laws Page 728 (2015 Edition)

 MISCELLANEOUS LAWS
746.100 Misrepresentation in insurance
applications or transactions. No person
shall make a false or fraudulent statement or
representation on or relative to an application
for insurance, or for the purpose of obtaining
DIHHFRPPLVVLRQPRQH\RUEHQHÀWIURPDQ
LQVXUHU RU LQVXUDQFH SURGXFHU >)RUPHUO\
F†@
746.110 False, deceptive or misleading
statements. No person shall make, publish,
disseminate, circulate, or place before the
public, or cause, directly or indirectly, to be
made, published, disseminated, circulated, or
placed before the public, in a newspaper, mag-
azine or other publication, or in the form of a
notice, circular, pamphlet, letter or poster, or
 
(c) Use or disclose to any other insurance
producer, other than the original insurance
producer, the information relating to a policy
of insurance furnished by a borrower unless
the original insurance producer fails to deliver
DSROLF\RILQVXUDQFHZLWKLQGD\VSULRUWR
expiration to the depository institution with-
RXWÀUVWSURFXULQJWKHZULWWHQFRQVHQWRIWKH
ERUURZHU
(2) As used in this section, “depository insti-
WXWLRQµPHDQVDÀQDQFLDOLQVWLWXWLRQDVWKDW
WHUPLVGHÀQHGLQ256>F
†F†F†F
†D@
746.201 Depository institution to obtain
required property insurance when bor-
over any radio or television station, or in any
other way, an advertisement, announcement or
statement containing any assertion, represen-
tation or statement with respect to the business
of insurance or with respect to any person in
the conduct of the insurance business, which
LVXQWUXHGHFHSWLYHRUPLVOHDGLQJ>)RUPHUO\
@
746.120 Illegal dealing in premiums.
No person shall willfully collect any sum as
premium or charge for insurance which is not
then provided, or is not in due course to be
provided subject to acceptance of the risk by
the insurer, under an insurance policy issued
E\DQLQVXUHULQFRQIRUPLW\WRWKH,QVXUDQFH
&RGH>F†@
746.195 Insurance on property secur-
ing loan or credit; certain practices by
depository institutions prohibited. (1) A
GHSRVLWRU\LQVWLWXWLRQPD\QRW or loan agreement, we may purchase insurance
(a) Solicit the sale of insurance for the pro-
tection of real or personal property after a
person indicates interest in securing a loan
or credit extension, until the depository insti-
tution has agreed to make the loan or credit
extension;
(b) Refuse to accept a written binder issued
by an insurance producer as proof that tem-
porary insurance exists covering the real or
personal property that is the subject matter
of, or security for, a loan or extension of credit,
and that a policy of insurance will be issued
FRYHULQJWKDWSURSHUW\$ZULWWHQELQGHULVVXHG
by an insurance producer or insurer covering
real or personal property that is the subject
matter of, or security for, a loan or extension
of credit shall be effective until a policy of
insurance is issued in lieu thereof, including
within its terms the identical insurance bound
under the binder and the premium therefor, or
until notice of the cancellation of the binder is
received by the borrower and the depository
institution extending credit or offering the
ORDQ:KHQDGHSRVLWRU\LQVWLWXWLRQFORVHVRQ
DELQGHUXQGHU256WKHLQVXUDQFH
producer or insurer issuing the binder shall be
bound to provide a policy of insurance, equiv-
alent in coverage to the coverage set forth in
WKHELQGHUZLWKLQGD\VIURPWKHGDWHRIWKH
ELQGHU7KHSURYLVLRQVRIWKLVSDUDJUDSKGR
not apply when prohibited by federal or state
statute or regulations; or
Miscellaneous Laws Page 729
rower does not; notice required. ,QD
contract or loan agreement, or in a separate
document accompanying the contract or loan
agreement and signed by the mortgagor, bor-
rower or purchaser, that provides for a loan or
RWKHUÀQDQFLQJVHFXUHGE\WKHPRUWJDJRU·V
borrower’s or purchaser’s real or personal prop-
erty and that authorizes the secured party to
place insurance on the property when the mort-
gagor, borrower or purchaser fails to maintain
the insurance as required by the contract or
loan agreement or the separate document, a
warning in substantially the following form
VKDOOEHVHWIRUWKLQSRLQWW\SH
___________________________________
:$51,1*
Unless you provide us with evidence of the
insurance coverage as required by our contract
DW\RXUH[SHQVHWRSURWHFWRXULQWHUHVW7KLV
insurance may, but need not, also protect your
LQWHUHVW,IWKHFROODWHUDOEHFRPHVGDPDJHG
the coverage we purchase may not pay any
FODLP\RXPDNHRUDQ\FODLPPDGHDJDLQVW\RX
You may later cancel this coverage by provid-
ing evidence that you have obtained property
FRYHUDJHHOVHZKHUH
You are responsible for the cost of any
LQVXUDQFHSXUFKDVHGE\XV7KHFRVWRIWKLV
insurance may be added to your contract or
ORDQEDODQFH,IWKHFRVWLVDGGHGWR\RXUFRQ-
tract or loan balance, the interest rate on the
underlying contract or loan will apply to this
DGGHGDPRXQW7KHHIIHFWLYHGDWHRIFRYHUDJH
may be the date your prior coverage lapsed or
WKHGDWH\RXIDLOHGWRSURYLGHSURRIRIFRYHUDJH
The coverage we purchase may be consid-
erably more expensive than insurance you
can obtain on your own and may not satisfy
any need for property damage coverage or any
mandatory liability insurance requirements
LPSRVHGE\DSSOLFDEOHODZ
___________________________________
(2) Substantial compliance by a secured
party with subsection (1) of this section con-
stitutes a complete defense to any claim arising
under the laws of this state challenging the
secured party’s placement of insurance on the
real or personal property in which the secured
(2015 Edition)
 MISCELLANEOUS LAWS
party has a security interest, for the protection
RIWKHVHFXUHGSDUW\·VLQWHUHVWLQWKHSURSHUW\
(3) Nothing contained in this section shall
be construed to require any secured party to
place or maintain insurance on real or personal
property in which the secured party has a secu-
rity interest, and the secured party shall not be
liable to the mortgagor, borrower or purchaser
or to any other party as a result of the failure
of the secured party to place or maintain such
LQVXUDQFH
(4) The failure of a secured party prior to
-DQXDU\WRLQFOXGHLQDFRQWUDFWRU
loan agreement, or in a separate document
accompanying the contract or loan agreement,
the notice set forth in subsection (1) of this
section shall not be admissible in any court
or arbitration proceeding or otherwise used
to prove that a secured party’s actions with
respect to the placement or maintenance of
insurance on real or personal property in
which the secured party has a security interest
DUHRUZHUHXQODZIXORURWKHUZLVHLPSURSHU$
secured party shall not be liable to the mort-
gagor, borrower or purchaser or to any other
party for placing such insurance in accordance
with the terms of an otherwise legal contract or
loan agreement with the mortgagor, borrower
or purchaser entered into prior to January 1,
>F†F†F
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 'HÀQLWLRQVIRU256WR
746.219. $VXVHGLQ256WR mortgagor, purchaser, insurer or insurance
is required in connection with a loan or the
H[WHQVLRQRIFUHGLW
(c) As a condition for extending credit or
offering any product or service that is equiv-
alent to an extension of credit, require that
a customer obtain insurance from a deposi-
WRU\LQVWLWXWLRQRUDQDIÀOLDWHRIDGHSRVLWRU\
institution, or from a particular insurer or
LQVXUDQFHSURGXFHU7KLVSDUDJUDSKGRHVQRW
SURKLELWDGHSRVLWRU\LQVWLWXWLRQRUDQDIÀOLDWH
of a depository institution from informing a
customer or prospective customer that insur-
ance is required in order to obtain a loan or
credit, that loan or credit approval is contin-
gent upon the procurement by the customer
of acceptable insurance or that insurance is
available from the depository institution or
DQDIÀOLDWHRIWKHGHSRVLWRU\LQVWLWXWLRQ
(d) Unreasonably reject an insurance policy
furnished by the customer or borrower for the
protection of the property securing the credit
RUORDQ$UHMHFWLRQLVQRWFRQVLGHUHGXQUHDVRQ-
able if it is based on reasonable standards that
are uniformly applied and that relate to the
H[WHQWRIFRYHUDJHUHTXLUHGDQGWRWKHÀQDQFLDO
VRXQGQHVVDQGWKHVHUYLFHVRIDQLQVXUHU7KH
standards may not discriminate against any
particular type of insurer or call for rejection
of an insurance policy because the policy con-
tains coverage in addition to that required in
WKHFUHGLWWUDQVDFWLRQ
(e) Require that any customer, borrower,
  ´$IÀOLDWHµ PHDQV DQ\ FRPSDQ\ WKDW producer pay a separate charge in connection
controls, is controlled by or is under common with the handling of any insurance policy
FRQWUROZLWKDQRWKHUFRPSDQ\ required as security for a loan on real estate, or
pay a separate charge to substitute the insur-
 ´&XVWRPHUµPHDQVDQLQGLYLGXDOZKR DQFHSROLF\RIRQHLQVXUHUIRUWKDWRIDQRWKHU
purchases, applies to purchase or is solicited A charge prohibited in this paragraph does
to purchase insurance products primarily for not include the interest that may be charged
SHUVRQDOIDPLO\RUKRXVHKROGSXUSRVHV on premium loans or premium advancements
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DQGPDGHDSDUWRIWKH,QVXUDQFH&RGHE\
legislative action but were not added to ORS
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI-
ace to Oregon Revised Statutes for further
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746.215 Regulation of depository insti-
tutions with regard to insurance sales
or solicitations. (1) A depository institution
RUDQDIÀOLDWHRIDGHSRVLWRU\LQVWLWXWLRQWKDW
OHQGVPRQH\RUH[WHQGVFUHGLWPD\QRW sonable person to mistakenly believe that the
(a) As a condition precedent to the lending
of money or extension of credit, or any renewal
thereof, require that the person to whom the
money or credit is extended, or whose obligation
DFUHGLWRULVWRDFTXLUHRUÀQDQFHQHJRWLDWH
any policy or renewal thereof through a partic-
ular insurer or group of insurers or insurance
SURGXFHURUJURXSRILQVXUDQFHSURGXFHUV
(b) Reject an insurance policy solely because
the policy has been issued or underwritten by
a person who is not associated with the depos-
LWRU\LQVWLWXWLRQRUDIÀOLDWHZKHQLQVXUDQFH
Miscellaneous Laws Page 730
in accordance with the terms of the loan or
FUHGLW GRFXPHQW 7KLV SDUDJUDSK GRHV QRW
apply to charges that would be required when
WKHGHSRVLWRU\LQVWLWXWLRQRUDQDIÀOLDWHRID
depository institution is the licensed insurance
SURGXFHUSURYLGLQJWKHLQVXUDQFH
(f) Require any procedures or conditions
of an insurer or insurance producer not cus-
tomarily required of insurers or insurance
SURGXFHUVDIÀOLDWHGRULQDQ\ZD\FRQQHFWHG
ZLWKWKHGHSRVLWRU\LQVWLWXWLRQ
(g) Use an advertisement or other insurance
promotional material that would cause a rea-
federal government or the state is responsible
for the insurance sales activity of, or stands
behind the credit of, the depository institution
RULWVDIÀOLDWH
(h) Use an advertisement or other insurance
promotional material that would cause a rea-
sonable person to mistakenly believe that the
federal government or the state guarantees any
returns on insurance products or is a source of
payment on any insurance obligation of or sold
E\WKHGHSRVLWRU\LQVWLWXWLRQRULWVDIÀOLDWH
(2015 Edition)
 MISCELLANEOUS LAWS  

(i) Act as an insurance producer unless prop-
HUO\OLFHQVHGLQDFFRUGDQFHZLWK256
RU
(j) Pay or receive any commission, broker-
age fee or other compensation as an insurance
producer, unless the depository institution
RUDIÀOLDWHKROGVDYDOLGLQVXUDQFHSURGXFHU
OLFHQVHIRUWKHDSSOLFDEOHFODVVRILQVXUDQFH
However, an unlicensed depository institution
RUDIÀOLDWHPD\PDNHDUHIHUUDOWRDOLFHQVHG
insurance producer if the depository insti-
WXWLRQRUDIÀOLDWHGRHVQRWQHJRWLDWHVHOORU
VROLFLWLQVXUDQFH,QWKHFDVHRIDUHIHUUDORID
customer, however, the unlicensed depository
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746.217 Disclosures to customers. (1)
A depository institution that sells insurance,
and any person that sells insurance on behalf
of a depository institution, or on the premises
of a depository institution where the depository
institution is engaged in the business of taking
deposits or making loans, shall disclose to the
customer in writing, when practicable and in a
clear and conspicuous manner, prior to a sale,
WKDWWKHLQVXUDQFH
LQVWLWXWLRQRUDIÀOLDWHPD\EHFRPSHQVDWHGIRU  D,VQRWDGHSRVLW
WKHUHIHUUDORQO\LIWKHFRPSHQVDWLRQLVDÀ[HG  E,VQRWLQVXUHGE\WKH)HGHUDO'HSRVLW
dollar amount for each referral that does not ,QVXUDQFH&RUSRUDWLRQRUDQ\RWKHUIHGHUDO
depend on whether the customer purchases government agency;
the insurance product from the licensed insur-
DQFHSURGXFHU$Q\GHSRVLWRU\LQVWLWXWLRQRU
DIÀOLDWHWKDWDFFHSWVGHSRVLWVIURPWKHSXEOLF
in an area in which such transactions are
routinely conducted in the depository institu-
tion may receive for each customer referral no
PRUHWKDQDRQHWLPHQRPLQDOIHHRIDÀ[HG
dollar amount for each referral that does not
depend on whether the referral results in a
WUDQVDFWLRQ
 F ,V QRW JXDUDQWHHG E\ WKH GHSRVLWRU\
LQVWLWXWLRQRUDQDIÀOLDWHRIWKHGHSRVLWRU\
institution if applicable, or any person that is
selling insurance if applicable; and
(d) When appropriate, involves investment
ULVNLQFOXGLQJWKHSRVVLEOHORVVRIYDOXH
(2) The requirements of subsection (1) of this
VHFWLRQDSSO\
(k) Solicit or sell insurance, other than
FUHGLWLQVXUDQFHRUÁRRGLQVXUDQFHXQOHVVWKH
solicitation or sale is completed through docu-
PHQWVVHSDUDWHIURPDQ\FUHGLWWUDQVDFWLRQV
 D7RDQDIÀOLDWHRIDGHSRVLWRU\LQVWLWXWLRQ
only to the extent that it sells insurance on
the premises of a depository institution where
the depository institution is engaged in the
business of taking deposits or making loans
 /([FHSWDVSURYLGHGLQ256
include the expense of insurance premiums,
RWKHUWKDQFUHGLWLQVXUDQFHSUHPLXPVRUÁRRG
insurance premiums, in the primary credit
transaction without the express written con-
VHQWRIWKHFXVWRPHU
(m) Solicit or sell insurance unless the
insurance sales activities of the depository
LQVWLWXWLRQRUDIÀOLDWHDUHWRWKHH[WHQWSUDF-
ticable, physically separated from areas where
retail deposits are routinely accepted by depos-
LWRU\LQVWLWXWLRQV
(n) Solicit or sell insurance unless the depos-
LWRU\LQVWLWXWLRQRUDIÀOLDWHPDLQWDLQVVHSDUDWH
and distinct books and records relating to the
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UHODWLQJWRDQGUHÁHFWLQJFRQVXPHUFRPSODLQWV
RURQEHKDOIRIDGHSRVLWRU\LQVWLWXWLRQ
(b) When an individual purchases insurance
primarily for personal, family or household
purposes and only to the extent that the dis-
FORVXUHZRXOGEHDFFXUDWH
(3) For the purpose of subsection (1) of
this section, a person is selling insurance on
behalf of a depository institution, whether on
the premises of the depository institution or at
another location, if either one of the following
DSSOLHV
(a) The person represents to the customer
that the sale of the insurance is by or on behalf
of the depository institution; or
(b) The depository institution refers a cus-
tomer to the person that sells insurance and
 $GHSRVLWRU\LQVWLWXWLRQRUDQDIÀOLDWH
of a depository institution that lends money
or extends credit and that solicits insurance
primarily for personal, family or household
purposes shall disclose to the customer in writ-
ing that the insurance related to the credit
extension may be purchased from an insurer
or insurance producer of the customer’s choice,
subject only to the depository institution’s right
to reject a given insurer or insurance producer
the depository institution has a contractual
arrangement to receive commissions or fees
derived from the sale of insurance resulting
IURPWKHUHIHUUDO>F†@
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746.230 Unfair claim settlement prac-
tices. (1) No insurer or other person shall
commit or perform any of the following unfair
FODLPVHWWOHPHQWSUDFWLFHV
DVSURYLGHGLQVXEVHFWLRQGRIWKLVVHFWLRQ
The disclosure shall inform the customer that
the customer’s choice of insurer or insurance
producer will not affect the credit decision
or credit terms in any way, except that the
depository institution may impose reasonable
requirements concerning the creditworthiness
of the insurer and the extent of coverage chosen
(a) Misrepresenting facts or policy provisions
in settling claims;
(b) Failing to acknowledge and act promptly
upon communications relating to claims;
(c) Failing to adopt and implement reason-
able standards for the prompt investigation of
claims;

Miscellaneous Laws Page 731 (2015 Edition)

 MISCELLANEOUS LAWS

(d) Refusing to pay claims without con- and reimbursement is for services mandated
ducting a reasonable investigation based on E\VWDWXWH
all available information; (b) Any health maintenance organization
 H)DLOLQJWRDIÀUPRUGHQ\FRYHUDJHRI
claims within a reasonable time after com-
pleted proof of loss statements have been
submitted;
(f) Not attempting, in good faith, to promptly
and equitably settle claims in which liability
has become reasonably clear;
(g) Compelling claimants to initiate lit-
igation to recover amounts due by offering
substantially less than amounts ultimately
recovered in actions brought by such claimants;
(h) Attempting to settle claims for less than
the amount to which a reasonable person would
believe a reasonable person was entitled after
referring to written or printed advertising
material accompanying or made part of an
application;
(i) Attempting to settle claims on the basis
of an application altered without notice to or
consent of the applicant;
(j) Failing, after payment of a claim, to
LQIRUPLQVXUHGVRUEHQHÀFLDULHVXSRQUHTXHVW
by them, of the coverage under which payment
has been made;
(k) Delaying investigation or payment of
claims by requiring a claimant or the claim-
ant’s physician, physician assistant or nurse
practitioner to submit a preliminary claim
report and then requiring subsequent submis-
sion of loss forms when both require essentially
the same information;
that fails to comply with paragraph (a) of this
subsection shall be subject to discipline under
256
(c) This subsection does not apply to group
practice health maintenance organizations
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operative January 1, 2017, and apply to health
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7KHWH[WWKDWLVRSHUDWLYHRQDQGDIWHU
January 1, 2017, is set forth for the user’s
FRQYHQLHQFH
746.230. (1) No insurer or other person shall
commit or perform any of the following unfair
FODLPVHWWOHPHQWSUDFWLFHV
(a) Misrepresenting facts or policy provisions
in settling claims;
(b) Failing to acknowledge and act promptly
upon communications relating to claims;
(c) Failing to adopt and implement reason-
able standards for the prompt investigation of
claims;
(d) Refusing to pay claims without con-
ducting a reasonable investigation based on
all available information;
(L) Failing to promptly settle claims under
one coverage of a policy where liability has
EHFRPHUHDVRQDEO\FOHDULQRUGHUWRLQÁXHQFH
settlements under other coverages of the policy;
or
(m) Failing to promptly provide the proper
explanation of the basis relied on in the insur-
ance policy in relation to the facts or applicable
ODZIRUWKHGHQLDORIDFODLP
(2) No insurer shall refuse, without just
cause, to pay or settle claims arising under
coverages provided by its policies with such
frequency as to indicate a general business
practice in this state, which general business
SUDFWLFHLVHYLGHQFHGE\ referring to written or printed advertising
(a) A substantial increase in the number
of complaints against the insurer received by
the Department of Consumer and Business
Services;
(b) A substantial increase in the number
RI ODZVXLWV ÀOHG DJDLQVW WKH LQVXUHU RU LWV
insureds by claimants; or
 H)DLOLQJWRDIÀUPRUGHQ\FRYHUDJHRI
claims within a reasonable time after com-
pleted proof of loss statements have been
submitted;
(f) Not attempting, in good faith, to promptly
and equitably settle claims in which liability
has become reasonably clear;
(g) Compelling claimants to initiate lit-
igation to recover amounts due by offering
substantially less than amounts ultimately
recovered in actions brought by such claimants;
(h) Attempting to settle claims for less than
the amount to which a reasonable person would
believe a reasonable person was entitled after
material accompanying or made part of an
application;
(i) Attempting to settle claims on the basis
of an application altered without notice to or
consent of the applicant;
(j) Failing, after payment of a claim, to
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by them, of the coverage under which payment
 F2WKHUUHOHYDQWHYLGHQFH
(3)(a) No health maintenance organization,
DVGHÀQHGLQ256VKDOOXQUHDVRQ-
ably withhold the granting of participating
provider status from a class of statutorily
authorized health care providers for services
rendered within the lawful scope of practice if
the health care providers are licensed as such
has been made;
(k) Delaying investigation or payment
of claims by requiring a claimant or the
claimant’s physician, physician assistant or
nurse practitioner to submit a preliminary
claim report and then requiring subsequent

Miscellaneous Laws Page 732 (2015 Edition)

 MISCELLANEOUS LAWS
submission of loss forms when both require
essentially the same information;
(L) Failing to promptly settle claims under
one coverage of a policy where liability has
EHFRPHUHDVRQDEO\FOHDULQRUGHUWRLQÁXHQFH
settlements under other coverages of the policy;
or
(m) Failing to promptly provide the proper
explanation of the basis relied on in the insur-
 
uninsured motorist coverage, automobile med-
ical payments coverage or automobile physical
damage coverage on an individually owned
passenger vehicle, including pickup and panel
WUXFNVDQGVWDWLRQZDJRQV
(a) For the purpose of determining whether
WRLVVXHRUUHQHZWKHLQGLYLGXDO·VSROLF\
(b) For the purpose of determining the rates
RIWKHLQGLYLGXDO·VSROLF\
ance policy in relation to the facts or applicable
ODZIRUWKHGHQLDORIDFODLP
(2) No insurer shall refuse, without just
cause, to pay or settle claims arising under
coverages provided by its policies with such
frequency as to indicate a general business
practice in this state, which general business
SUDFWLFHLVHYLGHQFHGE\ cation for the policy or for renewal of the policy;
(a) A substantial increase in the number
of complaints against the insurer received by
the Department of Consumer and Business
Services;
(b) A substantial increase in the number
 )RUWKHSXUSRVHVVSHFLÀHGLQVXEVHFWLRQ
(1) of this section, an insurer that issues or
renews a policy described in subsection (1) of
WKLVVHFWLRQPD\QRWFRQVLGHUDQ\
(a) Accident or conviction for violation of
motor vehicle laws that occurred more than
three years immediately preceding the appli-
(b) Diversion agreements under ORS
WKDWZHUHHQWHUHGLQWRPRUHWKDQWKUHH
years immediately preceding the application
for the policy or for renewal of the policy; or
(c) Suspension of driving privileges pursuant
RI ODZVXLWV ÀOHG DJDLQVW WKH LQVXUHU RU LWV WR256RULIWKHVXVSHQVLRQLV
insureds by claimants; or EDVHGRQDQRQGULYLQJRIIHQVH
 F2WKHUUHOHYDQWHYLGHQFH
746.260 Driving record not to be
considered in issuance of motor vehi-
cle insurance. (1) As used in this section,
´HPSOR\PHQWGULYLQJUHFRUGµDQG´QRQHPSOR\-
PHQWGULYLQJUHFRUGµPHDQWKHHPSOR\PHQW
driving record and nonemployment driving
UHFRUGGHVFULEHGLQ256
(3) Subsection (2) of this section does not
apply if an insurer considers an individual’s
nonemployment driving record under ORS
IRUWKHSXUSRVHRISURYLGLQJDGLVFRXQW
WRWKHLQGLYLGXDO>F†F†
F†F†F†
F†F†@
 'HÀQLWLRQVIRU256WR
 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI 746.300. $VXVHGLQ256WR
this section, an insurer may not consider an
individual’s employment driving record or
nonemployment driving record in determin-
ing rates for, or whether to issue or renew, a
SROLF\RISHUVRQDOLQVXUDQFHDVGHÀQHGLQ256
WKDWSURYLGHVIRUWKHLQGLYLGXDODXWR-
mobile liability coverage, uninsured motorist
coverage, automobile medical payments cover-
age or automobile physical damage coverage
on an individually owned passenger vehicle,
including pickup and panel trucks and station
ZDJRQV$QLQVXUHUPD\QRWFDQFHOWKHSROLF\
or discriminate in regard to other terms or con-
ditions of the policy based upon the individual’s
 ´$GMXVWHUµPHDQVDSHUVRQDXWKRUL]HGWR
GREXVLQHVVXQGHU256RU
(2) “Motor vehicle liability insurance
SROLF\µ PHDQV DQ LQVXUDQFH SROLF\ ZKLFK
provides automobile liability coverage, unin-
sured motorist coverage, automobile medical
payments coverage or automobile physical
damage coverage on motor vehicles, but does
QRWLQFOXGHDQ\LQVXUDQFHSROLF\
(a) Covering garage, automobile sales
agency, repair shop, service station or public
parking place operation hazards; or
employment driving record or nonemployment
GULYLQJUHFRUG
(3) This section does not affect the enforce-
PHQWRIWKHPRWRUYHKLFOHODZV
(4) An insurer may use the abstract of the
individual’s nonemployment driving record as
DXWKRUL]HGXQGHU256>F†
F†F†F†
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746.265 Purposes for which abstract of
nonemployment driving record may be
considered. (1) Subject to subsection (2) of this
section, an insurer may consider the abstract
of an individual’s nonemployment driving
UHFRUGXQGHU256ZKHQHYDOXDWLQJ
the individual’s application to obtain or renew
SHUVRQDOLQVXUDQFHDVGHÀQHGLQ256
that provides automobile liability coverage,
Miscellaneous Laws Page 733
 E,VVXHGSULQFLSDOO\WRFRYHUSHUVRQDORU
premises liability of an insured, even though
such insurance may also provide some inci-
dental coverage for liability arising out of the
ownership, maintenance or use of a motor vehi-
cle on the premises of such insured or on the
ZD\VLPPHGLDWHO\DGMRLQLQJVXFKSUHPLVHV
(3) “Motor vehicle body and frame repair
VKRSµ PHDQV D EXVLQHVV RU D GLYLVLRQ RI D
business organized for the purpose of effect-
ing repairs to motor vehicles which have been
SK\VLFDOO\GDPDJHG>F†@
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enacted into law by the Legislative Assembly
but were not added to or made a part of ORS
FKDSWHURUDQ\VHULHVWKHUHLQE\OHJLVODWLYH
DFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDWXWHV
IRUIXUWKHUH[SODQDWLRQ
(2015 Edition)
 MISCELLANEOUS LAWS
746.280 Designation of particular motor
vehicle repair shop by insurer prohibited;
notice; limitation of costs. (1) An insurer
may not require that a particular person make
the repairs to the insured’s motor vehicle as a
condition for recovery by the insured under a
PRWRUYHKLFOHOLDELOLW\LQVXUDQFHSROLF\
(2) Prior to providing a recommendation
that a particular person make repairs to the
insured’s motor vehicle, the person adjust-
ing the claim on behalf of the insurer shall
inform the insured of the rights conferred by
subsection (1) of this section by communicat-
ing in a statement substantially similar to the
IROORZLQJ HTXLYDOHQWWRWKHSDUWEHLQJUHSODFHG
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746.287 Insurer requirement of installa-
tion of aftermarket crash part in vehicle.
(1) Without the consent of the owner of the
vehicle, an insurer may not require, directly or
indirectly, that a motor vehicle body and frame
repair shop supply or install any aftermarket
FUDVKSDUWXQOHVVWKHSDUWKDVEHHQFHUWLÀHG
by an independent test facility to be at least
(2) For purposes of this section, an aftermar-
ket crash part is at least equivalent to the part
being replaced if the aftermarket crash part is
the same kind of part and is at least the same
TXDOLW\ZLWKUHVSHFWWRÀWÀQLVKIXQFWLRQDQG
FRUURVLRQUHVLVWDQFH>F†@
Note6HHQRWHXQGHU
746.289 Insurer offer of crash part
warranty. Any insurer which offers a motor
vehicle insurance policy that provides coverage
 ,IDQLQVXUHGHOHFWVWRKDYHWKHPRWRU
vehicle repaired at a motor vehicle repair shop
other than a shop recommended by the insurer,
the insurer may not limit the cost of repairs
necessary to return the motor vehicle to a pre-
loss condition relative to safety, function and
appearance other than as stated in the policy
RUDVRWKHUZLVHDOORZHGE\ODZ
for repair of the vehicle shall make available
to its insured a crash part warranty for crash
parts not made by the original equipment man-
XIDFWXUHUDVGHVFULEHGLQ256ZKHQ
WKHLQVXUHGUHTXHVWVRQH>F†@
NoteZDVHQDFWHGLQWRODZE\WKH
Legislative Assembly but was not added to or
PDGHDSDUWRI256FKDSWHURU
  ,I DQ LQVXUHG DFFHSWV WKH LQVXUHU·V WRRUDQ\RWKHUVHULHVE\OHJLVODWLYH
recommendation, the insurer shall provide, DFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDWXWHV
electronically or in printed form, a statement IRUIXUWKHUH[SODQDWLRQ
to the insured within three business days after
the date of acceptance in substantially the fol- 746.290 Notice of prohibition in policies
ORZLQJIRUP and by adjusters. (1) An adjuster estab-
lishing loss under a motor vehicle liability
___________________________________ insurance policy shall advise the insured of
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policy issued in this state after December 31,
1977, and any extension or renewal after that
date of a policy issued before that date shall
be accompanied by a statement in clear and
conspicuous language approved by the director
RI
(a) The rights and responsibilities of the
insured when a claim is submitted; and
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746.285 Notice of prohibition in motor
vehicle repair shops; size; location. A
person operating a motor vehicle body and
frame repair shop shall display in a conspicu-
ous place in the shop a sign in bold face type
in letters at least two inches high reading sub-
VWDQWLDOO\DVIROORZV DOO VHUYLFH ZRUN GRQH DQG SDUWV VXSSOLHG
___________________________________
 38568$177225(*21,1685$1&(
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746.292 Motor vehicle repair shops;
invoices; estimates; warranties; prohib-
ited practices. (1) All work done by a motor
vehicle body and frame repair shop shall be
recorded on an invoice and shall describe
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VKDOOFOHDUO\VWDWHWKDWIDFW,IDQ\FRPSRQHQW
system installed is composed of new and used
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One copy of the invoice shall be given to the

Miscellaneous Laws Page 734 (2015 Edition)

 MISCELLANEOUS LAWS
customer and one copy shall be retained by the
PRWRUYHKLFOHERG\DQGIUDPHUHSDLUVKRS
(2) Before commencing repair work and upon
the request of any customer, a motor vehicle
body and frame repair shop shall make an
estimate in writing of the parts and labor
necessary for the repair work, and shall not
charge for the work done or parts supplied in
 
(c) Charge for repairs not actually per-
formed, or add the cost of repairs not actually
WREHSHUIRUPHGWRDQ\UHSDLUHVWLPDWH
(d) Refuse any insurer, or its insured, or
their agents or employees, reasonable access to
any repair facility for the purpose of inspecting
or reinspecting the damaged vehicle during
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excess of the estimate without the consent of  $VXVHGLQ256DQGWKLVVHF-
VXFKFXVWRPHU WLRQ´DIWHUPDUNHWFUDVKSDUWµPHDQVDPRWRU
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work are supplied by the original equipment
manufacturer, the parts shall be accompanied
by a warranty that guarantees the customer
that the parts meet or exceed standards used
LQPDQXIDFWXULQJWKHRULJLQDOHTXLSPHQW
vehicle replacement part, sheet metal or plas-
tic, that constitutes the visible exterior of the
vehicle, including an inner or outer panel, is
generally repaired or replaced as the result of
a collision and is not supplied by the original
HTXLSPHQWPDQXIDFWXUHU>F†
 E,IFUDVKSDUWVWREHXVHGLQWKHUHSDLU
work are not supplied by the original equip-
ment manufacturer, the estimate shall include
DVWDWHPHQWWKDWVD\V motor vehicle liability policies; determi-
___________________________________
This estimate has been prepared based on
the use of a motor vehicle crash part not made
E\WKHRULJLQDOHTXLSPHQWPDQXIDFWXUHU7KH
use of a motor vehicle crash part not made
by the original equipment manufacturer may
invalidate any remaining warranties of the
original equipment manufacturer on that
PRWRUYHKLFOHSDUW7KHSHUVRQZKRSUHSDUHG
this estimate will provide a copy of the part
warranty for crash parts not made by the orig-
inal equipment manufacturer for comparison
SXUSRVHV
___________________________________
(4) No motor vehicle body and frame shop
PD\ recover actual damages or $100, whichever
(a) Supply or install used parts, or any
component system composed of new and used
parts, when new parts or component systems
DUHRUZHUHWREHVXSSOLHGRULQVWDOOHG
(b) Supply or install, without the owner’s
consent, any aftermarket crash part unless
WKHSDUWKDVEHHQFHUWLÀHGE\DQLQGHSHQGHQW
test facility to be at least equivalent to the
SDUWEHLQJUHSODFHG)RUSXUSRVHVRIWKLVSDUD-
graph, an aftermarket crash part is at least
equivalent to the part being replaced if the
aftermarket crash part is the same kind of part
and is at least the same quality with respect to
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Miscellaneous Laws Page 735
F†@
Note6HHQRWHXQGHU
746.295 Proof and amount of loss under
nation by insurer. 1RWKLQJLQ256
WRRUVKDOOSURKLELWDQLQVXUHU
from establishing proof of loss requirements
for motor vehicle liability insurance policies,
investigating and determining the amount of
an insured’s loss through its agents or employ-
ees or negotiating with any person for the
UHSDLURIVXFKORVV>F†@
Note6HHQRWHXQGHU
746.300 Liability of insurers and motor
vehicle repair shops for damages; attor-
ney fees. An insured whose insurer violates
256RURUDFXVWRPHUZKRVH
motor vehicle body and frame repair shop
YLRODWHV256PD\ÀOHDQDFWLRQWR
LVJUHDWHUIRUHDFKYLRODWLRQ7KHFRXUWPD\
award reasonable attorney fees to the prevail-
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F†F†F†@
Note: See note under 746.275.
746.308 Violation of provisions regard-
ing totaled vehicles as violation of
Insurance Code. An insurer that violates
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Note  ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
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VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
ace to Oregon Revised Statutes for further
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(2015 Edition)
Index
‡ Abandoned Vehicles380
‡ Accidents
‡ Acquisition or Abandonment of Lines (Railroads)455
‡ Administrative Procedures Act; Legislative Review of Rules; Civil
Penalties533
‡ Administrative Provisions25
‡ $GRSWLRQDQG(QIRUFHPHQWRI6WDQGDUGV9HKLFOH(TXLSPHQW/LJKWV343
‡ Agency Abandonment (Carrier Regulation Generally)
‡ Agreements With Private Contractors (Administrative Provisions)53
‡ $PEXODQFHVDQG(PHUJHQF\9HKLFOHV395
‡ $XWKRULW\WR(VWDEOLVK6WDQGDUGV9HKLFOH(TXLSPHQW*HQHUDOO\ 317
‡ Bicycles307
‡ Caboose Requirements (Railroads)459
‡ Careless and Reckless Driving227
‡ Carrier Regulation Generally441
‡ &KHPLFDO7HVWV0HWKRGVDQG5HTXLUHPHQWV'8,,280
‡ Civil Penalties (Carrier Regulation Generally)440
‡ Committees and Boards (Administrative Provisions)45
‡ Cost Apportionments (Railroads)
‡ &RXUWV(QIRUFHPHQW2IÀFLDOV201
‡ 'HÀQLWLRQV*HQHUDO3URYLVLRQVDQG'HÀQLWLRQV10
‡ Department Powers and Duties Regarding Carriers443
‡ Destroyed and Totaled Vehicles379
‡ Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles;
9HKLFOH,GHQWLÀFDWLRQ1XPEHUV9HKLFOH$SSUDLVHUV377
‡ 'HVWUXFWLRQRI(TXLSPHQW&DUULHU5HJXODWLRQ*HQHUDOO\
‡ Dismantlers428
‡ Disposing of Human Waste231
‡ 'LYHUVLRQ'8,,281
‡ 'ULYHU2IIHQVHV,QYROYLQJ3DVVHQJHUV233
‡ Driver Training437
‡ Driving Privileges
‡ 'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV125
‡ 'ULYLQJ8QGHU7KH,QÁXHQFHRI,QWR[LFDQWV271
‡ Driving While Suspended or Revoked231
‡ Drug and Alcohol Testing Program (Motor Carriers)490
‡ Duties to Pedestrians and Bicycles221
‡ (FRQRPLFDQG6DIHW\5HJXODWLRQ0RWRU&DUULHUV 474
‡ (OHFWULF3HUVRQDO$VVLVWLYH0RELOLW\'HYLFHV312
‡ (PSOR\HH6DIHW\5HJXODWLRQV5DLOURDGV
‡ (QIRUFHPHQW$QG5HPHGLHV&DUULHU5HJXODWLRQ*HQHUDOO\447
‡ (QIRUFHPHQWRI)LQDQFLDO5HVSRQVLELOLWLHV120
‡ (QIRUFHPHQWRI9HKLFOH/LPLWV373
‡ (VWDEOLVKPHQWRI,GHQWLW\'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ
Cards)128
‡ (YLGHQFH'8,,288
‡ Facilities and Tracks (Railroads)
‡ Farm Vehicles112

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‡ )HHV'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV151
‡ Fees (Regulation of Vehicle Related Businesses)440
‡ Financial Administration29
‡ Financial Responsibility Law115
‡ Fleets102
‡ Funds, Accounts and Fees (Railroads)453
‡ Funeral Processions
‡ Future Responsibility Filings121
‡ General Driving Rules237
‡ General Prohibitions (Regulation of Vehicle Related Businesses)439
‡ *HQHUDO5HTXLUHPHQWV9HKLFOH(TXLSPHQW/LJKWV343
‡ *UHHQKRXVH*DV(PLVVLRQV499
‡ +DUGVKLS3HUPLWV'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV144
‡ +DUGVKLS3HUPLWV'8,,293
‡ Hazardous Materials (Railroads)458
‡ Hazardous Materials Generally (Carrier Regulation Generally)
‡ Highway Work Zones
‡ ,GHQWLÀFDWLRQ&DUGV153
‡ ,JQLWLRQ,QWHUORFN'HYLFHV295
‡ ,PSOHPHQWVRI+XVEDQGU\397
‡ ,PSOLHG&RQVHQW
‡ ,QGLJHQW3HUVRQV,QMXUHGLQ0RWRU9HKLFOH$FFLGHQWV599
‡ ,QVSHFWRUV5HSRUWV5DLOURDGV455
‡ ,QYHVWLJDWLRQV+HDULQJV5XOLQJV&DUULHU5HJXODWLRQ*HQHUDOO\444
‡ /LFHQVHV(QGRUVHPHQWVDQG3HUPLWV'ULYLQJ3ULYLOHJHVDQG
,GHQWLÀFDWLRQ&DUGV130
‡ /LYHVWRFN
‡ Manufactured Structures397
‡ 0LVFHOODQHRXV'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV157
‡ Miscellaneous Provisions (Special Provisions for Certain Vehicles)394
‡ Mopeds and Motorcycles
‡ Motor Assisted Scooters310
‡ 0RWRU&DUULHU(GXFDWLRQ3URJUDP490
‡ Motor Carriers
‡ Motor Vehicle and Aircraft Fuel Taxes Revenue and Taxation
‡ Motorized Wheelchairs310
‡ 1RQFRPSO\LQJ(TXLSPHQW9HKLFOH(TXLSPHQW/LJKWV343
‡ Nonmotorized Vehicles Other Than Bicycles313
‡ Obeying Police254
‡ Offenses155
‡ Off-Road Vehicles401
‡ Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles399
‡ Open Container Violations230
‡ 2SHUDWLQJ:LWK8QODZIXO(TXLSPHQW320
‡ Oregon Vehicle Code1
‡ 2WKHU(QIRUFHPHQW2IÀFLDOV(QIRUFHPHQW2IÀFLDOV213
‡ Parking, Stopping and Standing255
‡ Particular Persons (Special Registration Provisions)99
‡ Particular Vehicles (Special Registration Provisions)97
‡ Passenger Rail
‡ Passengers (Pedestrians; Motorcycles; Bicycles; Scooters)305

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‡ Pedestrians303
‡ Pedestrians; Passengers; Livestock; Motorized Wheelchairs;
Vehicles With Fewer Than Four Wheels301
‡ Penalties (Carrier Regulation Generally)449
‡ Penalties (Motor Carriers)501
‡ Penalties (Railroads)
‡ Permit Offenses (Vehicle Limits)372
‡ Permits (Vehicle Limits)
‡ 3OHD$JUHHPHQW'8,,281
‡ 3ROLFH(QIRUFHPHQW2IÀFLDOV204
‡ Posted Use Limits (Vehicle Limits)
‡ Prohibited Lights352
‡ 3URYLGLQJ8QODZIXO(TXLSPHQW9HKLFOH(TXLSPHQW*HQHUDOO\319
‡ Provisions Applicable to Both Title and Registration71
‡ 5DLOURDG&URVVLQJV
‡ 5DLOURDG(TXLSPHQW457
‡ Railroads451
‡ 5HDO,'$FWRI10
‡ Receipts and Bills of Lading (Carrier Regulation Generally)448
‡ 5HFLSURFDO$JUHHPHQWVDQG,QWHUVWDWH&RPSDFWV45
‡ Records (Administrative Provisions)32
‡ Refusal, Suspension, Cancellation and Revocation of Registration,
7LWOH'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUG9HKLFOH
,PSRXQGPHQW
‡ Registration (Vehicle Title and Registration)74
‡ Registration of Commercial Vehicles503
‡ 5HJLVWUDWLRQ'ULYLQJ3ULYLOHJHVRU,GHQWLÀFDWLRQ&DUG
6XVSHQVLRQDQG5HYRFDWLRQ,PSRXQGPHQW
‡ Regulation of Vehicle Related Businesses413
‡ Required Lights350
‡ 5HTXLUHPHQW'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV127
‡ Requirements (Financial Responsibility Law)118
‡ 5HTXLUHPHQWVDQG6WDQGDUGVIRU6SHFLÀF/LJKWV344
‡ Road Authorities193
‡ 5RDG$XWKRULWLHV&RXUWV3ROLFH2WKHU(QIRUFHPHQW2IÀFLDOV191
‡ Rules of the Road for Drivers 217
‡ Safety Program Standard (Railroads)
‡ School Vehicles392
‡ School Zone Penalties237
‡ Size (Vehicle Limits)
‡ Snowmobiles and All-Terrain Vehicles402
‡ 6SHFLDO,QGLFLDRI5HJLVWUDWLRQ103
‡ Special Provisions for Certain Vehicles389
‡ Special Registration Provisions95
‡ Special Safety Measures (Rules of the Road for Drivers)228
‡ 6SHFLÀF(TXLSPHQW9HKLFOH(TXLSPHQW*HQHUDOO\321
‡ Speed223
‡ Statutory Privileges127
‡ Stolen Vehicles
‡ Subleasing Vehicles427
‡ 6XVSHQVLRQ'8,,289

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‡ Suspension and Cancellation of Registrations and Titles
‡ Titles59
‡ Towing Businesses433
‡ Towing Safety
‡ Transfer of Vehicles by Lien Claimants427
‡ 7UDQVSRUWDWLRQ6DIHW\3URJUDPVDQG7UDIÀF6DIHW\(GXFDWLRQ42
‡ Use of Lights and Warnings251
‡ Vehicle Appraisers387
‡ Vehicle Combinations (Vehicle Limits)
‡ Vehicle Dealers415
‡ 9HKLFOH(TXLSPHQW*HQHUDOO\315
‡ 9HKLFOH(TXLSPHQW/LJKWV341
‡ 9HKLFOH,GHQWLÀFDWLRQ1XPEHUV
‡ 9HKLFOH,PSRXQGPHQWDQG,PPRELOL]DWLRQ6HL]XUHDQG)RUIHLWXUH
‡ Vehicle Limits355
‡ Vehicle Permits91
‡ Vehicle Title and Registration55
‡ Vehicle Transporters
‡ Vehicles With Low Appraisal Value385
‡ Violations and Fines 515
‡ Weight (Vehicle Limits)357
‡ Weight and Size
‡ Weight-Mile Tax491
‡ Worker Transport and Other Vehicles391

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