Professional Documents
Culture Documents
Vehicle
Code
Compiled by
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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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Page i
Page ii
Table of Contents
Vehicle Code Page
256&KDSWHU*HQHUDO3URYLVLRQVDQG'HÀQLWLRQVIRU
Oregon Vehicle Code1
General Provisions5
5HDO,'$FWRI10
'HÀQLWLRQV10
256&KDSWHU)LQDQFLDO5HVSRQVLELOLW\/DZ115
General Provisions 117
Requirements118
(QIRUFHPHQW120
Future Responsibility Filings121
256&KDSWHU'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUGV125
Requirement127
Statutory Privileges127
(VWDEOLVKPHQWRI,GHQWLW\128
/LFHQVHV(QGRUVHPHQWVand Permits130
Fees151
,GHQWLÀFDWLRQ&DUGV153
Offenses155
Miscellaneous157
Page iii
ORS Chapter 809 - Refusal, Suspension, Cancellation and Revocation of
5HJLVWUDWLRQ7LWOH'ULYLQJ3ULYLOHJHVDQG,GHQWLÀFDWLRQ&DUG9HKLFOH
,PSRXQGPHQW
Suspension and Cancellation of Registrations and Titles
5HJLVWUDWLRQ'ULYLQJ3ULYLOHJHVRU,GHQWLÀFDWLRQ&DUG
Driving Privileges
9HKLFOH,PSRXQGPHQWDQG,PPRELOL]DWLRQ6HL]XUHDQG)RUIHLWXUH
256&KDSWHU5RDG$XWKRULWLHV&RXUWV3ROLFH2WKHU(QIRUFHPHQW
2IÀFLDOV191
Road Authorities193
Courts201
Police204
2WKHU(QIRUFHPHQW2IÀFLDOV213
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
Page v
ORS Chapter 820 - Special Provisions for Certain Vehicles389
Worker Transport and Other Vehicles391
School Vehicles392
Miscellaneous Provisions394
$PEXODQFHVDQG(PHUJHQF\9HKLFOHV395
,PSOHPHQWVRI+XVEDQGU\397
Manufactured Structures397
Page vi
ORS Chapter 825 - Motor Carriers
General Provisions473
(FRQRPLFDQG6DIHW\5HJXODWLRQ 474
0RWRU&DUULHU(GXFDWLRQ3URJUDP490
Drug and Alcohol Testing Program490
Weight-Mile Tax491
*UHHQKRXVH*DV(PLVVLRQV499
Penalties501
256&KDSWHU5HJLVWUDWLRQRI&RPPHUFLDO9HKLFOHV503
Index
Page vii
Page viii
*(1(5$/3529,6,216$1''(),1,7,216
TITLE 59
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 I7KHSURYLVLRQVRI256
by their conduct and record have demonstrated DQG
their indifference for the safety and welfare
of others and their disrespect for the laws (4) Motor vehicles and equipment being used
of the state, the orders of its courts and the in the area and in the manner described in
statutorily required acts of its administrative subsection (2) of this section are also exempt
agencies; and from the provisions of the vehicle code relating
to vehicle size and weight to the extent set out
(c) To discourage repetition of criminal acts LQWKHJRYHUQPHQWDODJHQF\FRQWUDFW
by individuals against the peace and dignity
of the state and its political subdivisions and (5) Devices moved exclusively on stationary
to impose increased and added deprivation of UDLOWUDFNVDUHH[HPSWIURPWKHYHKLFOHFRGH
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 Notwithstanding this subsection, bicycles are
UHODWLQJWRYDULDQFHSHUPLWVDUHIRXQG generally subject to the vehicle code as pro-
to contravene section 127 of title 23, United YLGHGXQGHU256
States Code, it shall not serve to render inop- (7) The exemptions in subsection (3) of this
erative any remaining of such provisions that section do not apply to the persons and vehi-
PD\EHKHOGQRWWRFRQÁLFWZLWKWKDWIHGHUDO cles when traveling to or from the facilities or
ODZ>FFF FRQVWUXFWLRQSURMHFW>FHQDFWHG
EF@ LQOLHXRIF@
801.025>FF 801.030 Exemptions from amendments
FUHSHDOHGE\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
ÀHGLQVXEVHFWLRQRIWKLVVHFWLRQZKLOHRQD
highway and working or being used to service, 6HFWLRQVWRRIFKDSWHU2UHJRQ
construct, maintain or repair the facilities of Laws 1975, shall not apply to or govern the
DXWLOLW\ construction of or punishment for any vehicle
code offense committed before June 27, 1975, or
(2) Persons, motor vehicles and equipment the construction and application of any defense
employed or being used in the construction to a prosecution for such an offense and do
or reconstruction of a street or highway are not impair or render ineffectual any court or
exempt from the provisions of the vehicle code administrative proceedings or procedural mat-
VSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQLI WHUVZKLFKRFFXUUHGEHIRUH-XQH>
(a) They are within the immediate construc- FF@
tion project as described in the governmental 801.035 > F F
agency contract, if there is a contract; and FFF
(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 See Preface to Oregon Revised Statutes for
LQWR[LFDQWVDVGHÀQHGLQ256 IXUWKHUH[SODQDWLRQ
(c) Failure to perform the duties of a driver 801.040 Authority to adopt special pro-
involved in an accident or collision, as described visions. This section describes circumstances
LQ256RU where special provisions are made concerning
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\ 7KHSURYLVLRQVRI256WR
section of the vehicle code that applies to such relating to towing of vehicles that are aban-
authority and shall not be interpreted to affect doned establish minimum requirements
WKHYHKLFOHFRGHH[FHSWDVVSHFLÀFDOO\SURYLGHG VXEMHFWWRWKHIROORZLQJ
LQWKLVVHFWLRQ7KHIROORZLQJOLPLWVDUHSDUWLDO
RUFRPSOHWHDVGHVFULEHG (a) Notwithstanding paragraph (b) of this
subsection, a county or incorporated city may
(1) No county, municipal or other local body supersede such provisions by ordinance or
with authority to adopt and administer local FKDUWHUSURYLVLRQ
police regulations under the Constitution and
laws of this state shall enact or enforce any (b) Any road authority described under ORS
UXOHRUUHJXODWLRQLQFRQÁLFWZLWKWKHSUR- PD\DGRSWUXOHVRUSURFHGXUHVWKDWGR
visions of the vehicle code described in this QRWFRQÁLFWZLWKVXFKSURYLVLRQVWRSURYLGHIRU
VXEVHFWLRQH[FHSWDVVSHFLÀFDOO\DXWKRUL]HGLQ additional protection for the owner or person
WKHYHKLFOHFRGH7KLVVXEVHFWLRQDSSOLHVWRWKH with an interest in a vehicle subject to such
provisions of the vehicle code relating to aban- provisions or that more quickly accomplish the
doned vehicles, vehicle equipment, regulation SURFHGXUHVHVWDEOLVKHGXQGHUVXFKSURYLVLRQV
of vehicle size, weight and load, the manner (5) Any incorporated city may by ordinance
of operation of vehicles and use of roads by require that the driver of a vehicle involved in
SHUVRQVDQLPDOVDQGYHKLFOHV DQDFFLGHQWÀOHZLWKDGHVLJQDWHGFLW\GHSDUW-
([FHSWDVSURYLGHGLQ256DQG PHQWDFRS\RIDQ\UHSRUWUHTXLUHGWREHÀOHG
this subsection, no city, county or other political XQGHU256$OOVXFKUHSRUWVVKDOO
subdivisions shall regulate or require or issue EHIRUWKHFRQÀGHQWLDOXVHRIWKHFLW\GHSDUW-
any registration, licenses, permits or surety ment but subject to the same requirements
bonds or charge any fee for the regulatory or for release of such reports as provided for the
surety registration of any person required to release of such reports by the department
REWDLQDFHUWLÀFDWHIURPWKH'HSDUWPHQWRI 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\ ([FHSWDVRWKHUZLVHVSHFLÀFDOO\SURYLGHG
(b) Limit the authority of any city or county in this section, in accordance with the provi-
to impose any requirements or conditions as VLRQVRI256WKHJRYHUQLQJERG\RID
part of any contract to perform towing or recov- district may establish by ordinance registra-
HULQJVHUYLFHVIRUWKHFLW\RUFRXQW\ tion fees for vehicles registered at a residence
RUEXVLQHVVDGGUHVVZLWKLQWKHGLVWULFW>
(c) Limit the authority of any city or county FFFF
to impose requirements and conditions that DFFF
govern the towing of a vehicle by a towing FFF
EXVLQHVVXQGHU256VRORQJDVWKRVH F@
requirements and conditions are consistent
ZLWKWKHSURYLVLRQVRI256 801.041 Terms and conditions for impo-
sition of registration fee by county; rules.
(3) No city, county or other political subdi- The following apply to the authority granted
vision of this state, nor any state agency, may WRFRXQWLHVE\256WRHVWDEOLVKUHJ-
adopt a regulation or ordinance that imposes LVWUDWLRQIHHVIRUYHKLFOHV
a special fee for the use of public lands or
ZDWHUVE\VQRZPRELOHVRU&ODVV,DOOWHUUDLQ (1) An ordinance establishing registration
vehicles, or for the use of any access thereto fees under this section must be enacted by the
that is owned by or under the jurisdiction of FRXQW\LPSRVLQJWKHUHJLVWUDWLRQIHHDQGÀOHG
either the United States, this state or any such ZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ1RW-
FLW\FRXQW\RURWKHUSROLWLFDOVXEGLYLVLRQ7KH ZLWKVWDQGLQJ256RUDQ\SURYLVLRQ
UHJLVWUDWLRQIHHVSURYLGHGE\256DUH of a county charter, the governing body of a
in lieu of any personal property or excise tax county with a population of 350,000 or more
imposed on snowmobiles by this state or any may enact an ordinance establishing registra-
SROLWLFDOVXEGLYLVLRQ1RFLW\FRXQW\RURWKHU WLRQIHHV7KHJRYHUQLQJERG\RIDFRXQW\ZLWK
municipality, and no state agency shall impose a population of less than 350,000 may enact
any other registration or license fee on any an ordinance establishing registration fees
VQRZPRELOHLQWKLVVWDWH7KLVVXEVHFWLRQGRHV after submitting the ordinance to the electors
not prohibit any city, county or other political RIWKHFRXQW\IRUWKHLUDSSURYDO7KHJRYHUQLQJ
subdivision, or any state agency from regu- body of the county imposing the registration fee
lating the operation of snowmobiles or Class shall enter into an intergovernmental agree-
,DOOWHUUDLQYHKLFOHVRQSXEOLFODQGVZDWHUV PHQWXQGHU256ZLWKWKHGHSDUWPHQW
and other properties under its jurisdiction and by which the department shall collect the regis-
on streets or highways within its boundaries tration fees, pay them over to the county and, if
by adopting regulations or ordinances of its necessary, allow the credit or credits described
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 XQGHU256)RUYHKLFOHVRQZKLFK
IHHVXQGHUWKLVVHFWLRQPXVWEHÀOHGZLWKWKH DÁDWIHHLVLPSRVHGXQGHU256WKH
'HSDUWPHQWRI7UDQVSRUWDWLRQ7KHJRYHUQLQJ IHHPXVWEHDZKROHGROODUDPRXQW>F
body of the district imposing the registration FFF
fee shall enter into an intergovernmental @
DJUHHPHQWXQGHU256ZLWKWKHGHSDUW- Note6HHQRWHXQGHU
ment by which the department shall collect the 801.043 Moneys required by depart-
registration fees, pay them over to the district ment for initial implementation of
and, if necessary, allow the credit or credits registration fees. Moneys required by the
GHVFULEHGLQ2567KHLQWHUJRY- 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 Oregon Laws 1989, shall be taken from the
allows the establishment of registration fees moneys that would otherwise be distributed
LQDGGLWLRQWRWKRVHGHVFULEHGLQ256 WRWKHFRXQWLHVDQGFLWLHVXQGHU256
There is no authority under this section to >F@
DIIHFW UHJLVWUDWLRQ SHULRGV TXDOLÀFDWLRQV Note6HHQRWHXQGHU
cards, plates, requirements or any other pro-
vision relating to vehicle registration under Note/HJLVODWLYH&RXQVHOKDVVXEVWLWXWHG
WKHYHKLFOHFRGH ´FKDSWHU2UHJRQ/DZVµIRUWKHZRUGV
´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
F9HKLFOHVUHJLVWHUHGXQGHU256 owner of real property used by the public for
WRGLVDEOHGYHWHUDQV purposes of vehicular travel by permission of
the owner and not as a matter of right from pro-
(d) Vehicles registered as antique vehicles hibiting such use, or from requiring different
XQGHU256 RUDGGLWLRQDOFRQGLWLRQVWKDQWKRVHVSHFLÀHG
(e) Vehicles registered as vehicles of special or from otherwise regulating such use as may
LQWHUHVWXQGHU256 VHHPEHVWWRVXFKRZQHU7KLVVHFWLRQDSSOLHV
to the provisions of the vehicle code relating
(f) Government-owned or operated vehicles to abandoned vehicles, vehicle equipment,
UHJLVWHUHGXQGHU256RU regulation of vehicle size, weight and load,
(g) School buses or school activity vehicles the manner of operation of vehicles and use of
UHJLVWHUHGXQGHU256 URDGVE\SHUVRQVDQLPDOVDQGYHKLFOHV>
F@
(h) Law enforcement undercover vehicles
UHJLVWHUHGXQGHU256 801.050 Privilege of motorist to use
highways. Subject to compliance with the
(i) Vehicles registered on a proportional motor vehicle law of this state, owners and
EDVLVIRULQWHUVWDWHRSHUDWLRQ operators of motor vehicles are granted the
(j) Vehicles with a registration weight of SULYLOHJHRIXVLQJWKHKLJKZD\VRIWKLVVWDWH
SRXQGV RU PRUH GHVFULEHG LQ 256 >FF@
RU 801.055 Weight standards; Department
(k) Vehicles registered as farm vehicles of Transportation responsibility for
XQGHUWKHSURYLVLRQVRI256 weight determination; rules. (1) References
in the vehicle code to weights and measures
(L) Travel trailers, campers and motor UHIHUWR8QLWHG6WDWHV6WDQGDUGVWKHUHRI
KRPHV
(2) For purposes of the vehicle code, the
(m) Vehicles registered to an employment weights of vehicles, combinations of vehicles,
DGGUHVVDVSURYLGHGLQ256ZKHQWKH parts of vehicles, wheels or axles shall be
eligible public employee or household member’s determined by the use of methods, procedures
residence address is not within the county of and devices established by the Department of
WKH HPSOR\PHQW DGGUHVV 7KH GHSDUWPHQW 7UDQVSRUWDWLRQE\UXOH7KHUXOHVHVWDEOLVKHG
may adopt rules it considers necessary for the in accordance with this subsection may include
DGPLQLVWUDWLRQRIWKLVSDUDJUDSK DQ\RUDOORIWKHIROORZLQJ
are designed for use on wheels with a rim diam- 801.199 “Combined weight.” “Combined
eter of 14 inches or less; ZHLJKWµPHDQVWKHWRWDOHPSW\ZHLJKWRIDOO
(4) Uses handlebars for steering; vehicles in a combination plus the total weight
of the load carried on that combination of vehi-
(5) Has a seat designed to be straddled for FOHV>)RUPHUO\@
the operator; and
801.200 “Commercial bus.” “Commercial
,VGHVLJQHGIRURUFDSDEOHRIFURVVFRXQ- EXVµPHDQVHYHU\PRWRUYHKLFOHGHVLJQHGRU
try travel on or immediately over land, water, used for carrying passengers and their per-
sand, snow, ice, marsh, swampland or other sonal baggage and express for compensation,
QDWXUDOWHUUDLQ>FF H[FHSW
FF@
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- the basis of any combination of an initial fee,
try travel on or immediately over land, water, distance traveled or waiting time;
sand, snow, ice, marsh, swampland or other
natural terrain; (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> EHWZHHQSRLQWVLQ2UHJRQ
FFF
F@ (2) Vehicles commonly known and used as
private passenger vehicles and not operated
801.194 “Class III all-terrain vehicle” for compensation except in the transportation
and “Class IV all-terrain vehicle.” (1) RIVWXGHQWVWRRUIURPVFKRRO>F
´&ODVV,,,DOOWHUUDLQYHKLFOHµPHDQVDPRWRUF\- F@
cle that travels on two tires and that is actually
EHLQJRSHUDWHGRIIKLJKZD\ 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- SRUWDWLRQRIVWXGHQWVWRRUIURPVFKRRO>
try travel on or immediately over land, water, FF@
sand, snow, ice, marsh, swampland or other
natural terrain; 801.207 “Commercial driver license”
and “commercial driving privileges.” (1)
(c) Has nonstraddle seating; ´&RPPHUFLDOGULYHUOLFHQVHµPHDQVDGULYHU
(d) Has a steering wheel for steering control; license issued by this state or any other juris-
diction that authorizes its holder to drive a
(e) Has a dry weight of 1,800 pounds or less; commercial motor vehicle if the holder also has
and DQ\QHFHVVDU\HQGRUVHPHQWVWRWKHOLFHQVH
I,VLQFKHVZLGHRUOHVVDWLWVZLGHVW ´&RPPHUFLDOGULYLQJSULYLOHJHVµPHDQV
SRLQW>FFVXEVHFWLRQ the driving privileges granted by a commer-
RI(GLWLRQHQDFWHGDVF@ cial driver license or a commercial learner
801.195 > F UHQXPEHUHG driver permit issued by this state or any other
LQ@ jurisdiction, either of which authorizes the indi-
vidual to operate a class of commercial motor
801.196 > F F vehicle as permitted by the commercial driver
UHQXPEHUHGLQ@ license or commercial learner driver permit,
801.197 “Collector.” ´&ROOHFWRUµRU´FRO- VXEMHFWWRDQ\HQGRUVHPHQWVRUUHVWULFWLRQV
OHFWRUKLJKZD\µPHDQVDKLJKZD\WKDWVHUYHV >FFVXEVHFWLRQ
SULPDULO\WRIXQQHOWUDIÀFIURPRQHORFDOKLJK- RI(GLWLRQHQDFWHGDVF@
way to another or between arterials and local 801.208 “Commercial motor vehicle.”
KLJKZD\V>F@ ´&RPPHUFLDOPRWRUYHKLFOHµPHDQVDPRWRU
801.198 “Combination of vehicles.” vehicle or combination of motor vehicles and
´&RPELQDWLRQRIYHKLFOHVµPHDQVWZRRUPRUH RQHRUPRUHYHKLFOHVWKDW
YHKLFOHVFRXSOHGWRJHWKHU>)RUPHUO\@ (a) Has a gross combination weight rating or
JURVVFRPELQDWLRQZHLJKWRISRXQGVRU
more, whichever is greater, inclusive of one or
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>FF
(d) A recreational vehicle that is operated FFF
VROHO\IRUSHUVRQDOXVH>F UHQXPEHUHGLQ@
FFF 801.236 “Dismantler.” ´'LVPDQWOHUµ
FFF means a person who is engaged in the business
FF@ 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 recycling or substantially altering in form; or
WUDQVSRUWDWLRQRISURSHUW\>F@
(2) Buying, selling, dealing in or process-
801.215 “Commission.” ´&RPPLVVLRQµ ing motor vehicle major component parts that
means the Oregon Transportation Commis- are stocked in the inventory of the business,
VLRQ>F@ if the buying, selling, dealing in or processing
801.217 “Converter dolly.” “Converter of major component parts is not part of a busi-
GROO\µ PHDQV DQ DX[LOLDU\ D[OH DVVHPEO\ QHVVVHOOLQJQHZYHKLFOHVRUUHSDLULQJYHKLFOHV
HTXLSSHGZLWKDÀIWKZKHHOKLWFKDQGXVHG >F@
WRFRQYHUWDVHPLWUDLOHUWRDIXOOWUDLOHU> ´'LVWULFWµGHÀQHGIRUFHUWDLQ
F@ purposes. As used in this section and ORS
801.220 “Crosswalk.” ´&URVVZDONµPHDQV
any portion of a roadway at an intersection or DQG ´GLVWULFWµ
elsewhere that is distinctly indicated for pedes- means a mass transit or transportation dis-
trian crossing by lines or other markings on the trict of over 400,000 persons established under
surface of the roadway that conform in design 256FKDSWHUDQGDPHWURSROLWDQVHUYLFH
to the standards established for crosswalks district of over 400,000 persons established
XQGHU256:KHQHYHUPDUNHGFURVV- XQGHU256FKDSWHU>FD
walks have been indicated, such crosswalks FG@
and no other shall be deemed lawful across NoteZDVHQDFWHGLQWRODZE\WKH
VXFK URDGZD\ DW WKDW LQWHUVHFWLRQ :KHUH Legislative Assembly but was not added to or
no marked crosswalk exists, a crosswalk is made a part of the Oregon Vehicle Code or any
that portion of the roadway described in the FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
IROORZLQJ See Preface to Oregon Revised Statutes for
(1) Where sidewalks, shoulders or a combi- IXUWKHUH[SODQDWLRQ
nation thereof exists, a crosswalk is the portion 801.240>FUHSHDOHGE\
of a roadway at an intersection, not more than F@
20 feet in width as measured from the prolon-
gation of the lateral line of the roadway toward 801.245 “Driver license.” ´'ULYHUOLFHQVHµ
the prolongation of the adjacent property line, RU´OLFHQVHµPD\KDYHDQ\RUDOORIWKHPHDQ-
WKDWLVLQFOXGHGZLWKLQ ings provided for the terms under this section
as required or appropriate under the section
(a) The connections of the lateral lines of the UHIHUULQJWRWKHWHUP7KHWHUP´GULYHUOLFHQVHµ
sidewalks, shoulders or a combination thereof PD\EHXVHGLQWHUFKDQJHDEO\ZLWK´OLFHQVHµ
on opposite sides of the street or highway
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>FF
JUDQWRIGULYLQJSULYLOHJHV F@
,WPD\UHIHUWRJHQHUDOGULYLQJSULYLOHJHV 801.258 “Electric assisted bicycle.”
JUDQWHGE\WKLVVWDWHRUDQRWKHUMXULVGLFWLRQ ´(OHFWULFDVVLVWHGELF\FOHµPHDQVDYHKLFOHWKDW
>FFF@ ,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 ,VGHVLJQHGWRWUDYHOZLWKQRWPRUHWKDQ
limited than those available under a license three wheels in contact with the ground;
or that is only available under special or lim-
LWHGFLUFXPVWDQFHV7KHWHUPPD\DOVRUHIHU (4) Has both fully operative pedals for
to a document issued as evidence of a grant 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 E,VLQFDSDEOHRISURSHOOLQJWKHYHKLFOHDW
a speed of greater than 20 miles per hour on
(2) Court issued temporary driver permit OHYHOJURXQG>FF@
GHVFULEHGXQGHU256
801.259 “Electric personal assistive
(3) Disability golf cart driver permit mobility device.” ´(OHFWULFSHUVRQDODVVLV-
GHVFULEHGXQGHU256 WLYHPRELOLW\GHYLFHµPHDQVDGHYLFHWKDW
(PHUJHQF\GULYHUSHUPLWGHVFULEHGXQGHU ,V VHOIEDODQFLQJ RQ WZR QRQWDQGHP
256 wheels;
,QVWUXFWLRQ GULYHU SHUPLW GHVFULEHG ,VGHVLJQHGWRWUDQVSRUWRQHSHUVRQLQD
XQGHU256 standing position;
+DUGVKLSGULYHUSHUPLWGHVFULEHGXQGHU (3) Has an electric propulsion system; and
256
(4) Has a maximum speed of 15 miles per
(7) Probationary driver permit described KRXU>F@
XQGHU256
801.260 “Emergency vehicle.” ´(PHU-
(8) Special student driver permit described JHQF\YHKLFOHµPHDQVDYHKLFOHWKDWLVHTXLSSHG
XQGHU256 with lights and sirens as required under ORS
(9) Special temporary instruction driver DQGDQGWKDWLVDQ\RIWKH
SHUPLWGHVFULEHGXQGHU256 IROORZLQJ
(10) Court bail driver permit described 2SHUDWHGE\SXEOLFSROLFHÀUHRUDLUSRUW
XQGHU256 VHFXULW\DJHQFLHV
(11) Temporary driver permit described (2) Designated as an emergency vehicle by
XQGHU256 DIHGHUDODJHQF\
(12) Commercial learner driver permit (3) Designated as an emergency vehicle by
GHVFULEHGXQGHU256>F WKH'LUHFWRURI7UDQVSRUWDWLRQ>F
FFF F@
F@ 801.261 “Endorsement.” µ(QGRUVHPHQWµ
801.255 “Driving privilege.” “Driving when used in relation to driving privileges,
SULYLOHJHµPHDQVWKHJUDQWRIDXWKRULW\E\D means a grant of driving privileges, or the evi-
jurisdiction to a person that allows that person dence thereof, to a person who holds a license,
to drive a vehicle on highways within that or in some instances a driver permit, allow-
MXULVGLFWLRQ'ULYLQJSULYLOHJHVJUDQWDXWKRU- ing the person to exercise driving privileges
LW\WRDSHUVRQQRWWRDYHKLFOH7KHGULYLQJ that are not granted by the license or driver
privilege includes any such grant of authority SHUPLW7KHW\SHVRIHQGRUVHPHQWVJUDQWHGE\
whether or not documents are issued as evi- this state and the driving privileges granted
GHQFHRIWKHDXWKRULW\,QWKLVVWDWHGULYLQJ under each type of endorsement are established
SULYLOHJHVPD\EHJUDQWHGXQGHU E\256>F@
$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@
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>FF@
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 LL>FF
passenger car or private passenger van, that is F@
used by the owner of the vehicle or a relative of 801.470 “Self-supporting trailer.”
the owner of the vehicle for personal transpor- ´6HOIVXSSRUWLQJWUDLOHUµPHDQVDWUDLOHURWKHU
tation of students to or from school activities than a pole trailer, designed so that no part
and is not used for compensation except for the of the weight of the trailer or the weight of
sharing of expenses in a ridesharing arrange- any load on the trailer rests upon the towing
PHQWRUUHLPEXUVHPHQWRIPLOHDJH YHKLFOH7KHGHÀQLWLRQLQWKLVVHFWLRQLVEDVHG
(3) A vehicle that is exempted from regu- on design and, except as otherwise provided in
lation as a school activity vehicle under ORS this section, does not prohibit a self-supporting
>FF WUDLOHUIURPÀWWLQJLQWRDQRWKHUFDWHJRU\RI
F@ WUDLOHUEDVHGRQXVH>F@
801.460 “School bus.” ´6FKRROEXVµPHDQV 801.475 “Semitrailer.” ´6HPLWUDLOHUµ
a motor vehicle that is described by any of the means a trailer designed so that part of the
IROORZLQJ weight of the trailer and part of the weight
of any load on the trailer rests upon or is car-
(1) A vehicle that is marked with or displays ried by another vehicle and coupled to another
WKHZRUGV´VFKRROEXVµ YHKLFOHE\DÀIWKZKHHOKLWFK7KHGHÀQLWLRQ
(2) A vehicle that is used to transport stu- in this section is based on design and, except
dents to or from school and may be used to as otherwise provided in this section, does not
transport students to or from authorized school SURKLELWDVHPLWUDLOHUIURPÀWWLQJLQWRDQRWKHU
activities or functions and that is not a vehicle FDWHJRU\RIWUDLOHUEDVHGRQXVH>F
GHVFULEHGE\DQ\RIWKHIROORZLQJ @
(a) A vehicle subject to regulation under ORS 801.477 > F F
FKDSWHU FFF
FFUHSHDOHGE\
(b) A vehicle regulated by a city under ORS F@
801.480 “Shoulder.” ´6KRXOGHUµPHDQV
(c) A vehicle, commonly known as a private the portion of a highway, whether paved or
passenger car or private passenger van, that unpaved, contiguous to the roadway that is
is used by the owner of the vehicle or a rela- primarily for use by pedestrians, for the accom-
tive of the owner of the vehicle for personal modation of stopped vehicles, for emergency
transportation of students to or from school use and for lateral support of base and surface
or school activities and is not used for compen- FRXUVHV>F@
sation except for the sharing of expenses in a
ridesharing arrangement or reimbursement of 801.485 “Sidewalk.” ´6LGHZDONµPHDQVWKH
PLOHDJH DUHDGHWHUPLQHGDVIROORZV
(d) A vehicle that is exempted from regula- (1) On the side of a highway which has a
WLRQDVDVFKRROEXVXQGHU256> shoulder, a sidewalk is that portion of the
FFF@ 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 shoulder, a sidewalk is that portion of the high-
adjacent to school grounds and that is marked way between the lateral line of the roadway
by signs described in subsection (2) of this and the adjacent property line capable of being
VHFWLRQ XVHGE\DSHGHVWULDQ>F@
(b) A crosswalk that is not adjacent to school 801.490 “Snowmobile.” ´6QRZPRELOHµ
grounds and that is marked by signs described PHDQVDVHOISURSHOOHGYHKLFOHWKDW
LQVXEVHFWLRQRIWKLVVHFWLRQ
,VFDSDEOHRIWUDYHOLQJRYHUVQRZRULFH
(2) Signs marking a school zone may include
any words, symbols or combination of words (2) Uses as its means of propulsion an end-
and symbols that gives notice of the presence less belt tread or cleats or any combination of
RIWKHVFKRRO]RQH 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
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 FF@
>FF@
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 7KHQDPHRIHDFKRZQHURIWKHYHKLFOH
256IRUWKHSXUSRVHRIJXLGLQJGLUHFW-
LQJZDUQLQJRUUHJXODWLQJWUDIÀF (3) The name and address of each security
LQWHUHVWKROGHU
(2) Any device that remotely controls by
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 7KHQDPHRIWKHVHFXULW\LQWHUHVWKROGHU
is held or erected by a member of a highway or person who submits the transitional own-
maintenance or construction crew working in HUVKLSUHFRUGIRUWKHVHFXULW\LQWHUHVWKROGHU
WKHKLJKZD\>FF >FF@
F@
801.565 “Travel trailer.” ´7UDYHOWUDLOHUµ
´7UDIÀFFULPHµ´7UDIÀFFULPHµ PHDQV
PHDQVDQ\WUDIÀFRIIHQVHWKDWLVSXQLVKDEOH
E\DMDLOVHQWHQFH>F@ (1) A recreational vehicle without motive
power that is eight and one-half feet or less in
801.550 [1983 c.338 §102; 1999 c.1051 §83; width and is not being used for commercial or
renumbered 801.557 in 1999] business purposes; and
´7UDIÀFRIIHQVHµ´7UDIÀFRIIHQVHµ (2) A prefabricated structure that is eight
PHDQVDQ\RIWKHIROORZLQJRIIHQVHV and one-half feet or less in width and that is
$Q\YLRODWLRQRIDWUDIÀFRUGLQDQFHRI not being used for commercial or business pur-
a city, municipal or quasi-municipal corpora- SRVHV>FF
tion, except ordinances governing parking of F@
YHKLFOHV 801.570>FUHSHDOHGE\
(2) Any provision of law for which a criminal F@
RUWUDIÀFYLRODWLRQSHQDOW\LVSURYLGHGLQWKH 801.575 “Truck tractor.” ´7UXFNWUDFWRUµ
YHKLFOHFRGH>FF means a motor vehicle designed and used
FF@ primarily for drawing other vehicles and con-
´7UDIÀFYLRODWLRQµ´7UDIÀFYLROD- structed so as not to carry any load other than
WLRQµPHDQVDWUDIÀFRIIHQVHWKDWLVGHVLJQDWHG a part of the weight of the vehicle or load, or
DVDWUDIÀFYLRODWLRQLQWKHVWDWXWHGHÀQLQJ ERWKDVGUDZQ>F@
WKHRIIHQVHRUDQ\RWKHURIIHQVHGHÀQHGLQWKH 801.580 “Truck trailer.” ´7UXFNWUDLOHUµ
Oregon Vehicle Code that is punishable by a means any trailer designed and used primar-
ÀQHEXWWKDWLVQRWSXQLVKDEOHE\DWHUPRI ily for carrying loads other than passengers
LPSULVRQPHQW3HQDOWLHVIRUWUDIÀFYLRODWLRQV whether designed as a balance trailer, pole
are as provided for violations generally in ORS WUDLOHUVHPLWUDLOHURUVHOIVXSSRUWLQJWUDLOHU
FKDSWHU>)RUPHUO\F >F@
D@
801.585 “Unloaded weight.” “Unloaded
801.560 “Trailer.” ´7UDLOHUµPHDQVHYHU\ ZHLJKWµPHDQVWKHZHLJKWRIDYHKLFOHZKHQ
vehicle without motive power designed to be WKHYHKLFOHLVIXOO\HTXLSSHGH[FOXVLYHRIORDG
GUDZQE\DQRWKHUYHKLFOH7UDLOHULQFOXGHVEXW >FF@
LVQRWOLPLWHGWRWKHIROORZLQJW\SHVRIWUDLOHUV
Chapter 802
(',7,21
ADMINISTRATIVE PROVISIONS
(2) Subsection (1) of this section does not cash advances and taking up of dishonored
DSSO\LI UHPLWWDQFHV>FF
D,WLVHVWDEOLVKHGE\DSUHSRQGHUDQFHRI FFF
the evidence that the deceased was engaged FF@
in conduct that would constitute a crime; or 3URFHGXUHVIRUÀQDQFLDODGPLQ-
(b) The vehicle of the deceased was not istration; receipt and disposition of
insured under a motor vehicle liability moneys; refunds; payments; limitations.
LQVXUDQFHSROLF\WKDWFRPSOLHGZLWKÀQDQ- Any procedures the Department of Transporta-
cial responsibility requirements under ORS WLRQHVWDEOLVKHVIRUÀQDQFLDODGPLQLVWUDWLRQRI
>F@ those functions of the department dealing with
driver and motor vehicle services and for the
disposition and payment of moneys it receives
FINANCIAL ADMINISTRATION from the provision of driver and motor vehicle
VHUYLFHVVKDOOFRPSO\ZLWKDOORIWKHIROORZLQJ
802.100 Accounts related to driver
and vehicle services; uses. The following (1) The department shall deposit all moneys
accounts are established separate and distinct it receives related to driver and motor vehicle
IURPWKH*HQHUDO)XQGIRUWKHÀQDQFLDODGPLQ- services in the Department of Transportation
istration of those functions of the Department Driver and Motor Vehicle Suspense Account for
of Transportation dealing with driver and approved expenses and disbursals before pay-
motor vehicle services in accordance with ORS ment of general administrative expenses of the
department related to the provision of driver
DQGPRWRUYHKLFOHVHUYLFHV1RWZLWKVWDQGLQJ
(1) The Department of Transportation this subsection, the department may return
'ULYHUDQG0RWRU9HKLFOH6XVSHQVH$FFRXQW a bank check or money order when received
The account established under this subsection in incorrect or incomplete form or when not
is a suspense account in the State Treasury DFFRPSDQLHGE\WKHSURSHUDSSOLFDWLRQ
that is used to deposit moneys received by the
department related to driver and motor vehi- (2) The department shall pay the following
cle services and to make approved payments approved expenses and disbursals from the
and disbursals of funds before the department Department of Transportation Driver and
pays administrative expenses related to the Motor Vehicle Suspense Account before pay-
SURYLVLRQRIGULYHUDQGPRWRUYHKLFOHVHUYLFHV ment of the general administrative expenses
The department shall transfer the money that of the department related to driver and motor
is not to be used to make approved payments YHKLFOHVHUYLFHV
and disbursals from the account established (a) Refunds authorized by any statute
under this subsection and that remains in the administered by the department when such
account at the close of business on the last day UHIXQGVDUHDSSURYHGE\WKHGHSDUWPHQW
of each month to the Department of Trans-
portation Driver and Motor Vehicle Services (b) Amounts transferred to the State
Administrative Account on or before the 15th 7UHDVXUHUXQGHU256IRUWKHSXU-
GD\RIWKHIROORZLQJPRQWK pose of carrying out the state aviation laws,
amounts transferred to the Boating Safety,
(2) The Department of Transportation /DZ(QIRUFHPHQWDQG)DFLOLW\$FFRXQWE\256
Driver and Motor Vehicle Services Adminis- DPRXQWVWUDQVIHUUHGWRWKH6WDWH$YL-
WUDWLYH$FFRXQW7KHDFFRXQWHVWDEOLVKHGXQGHU DWLRQ$FFRXQWE\256DQGDPRXQWV
this subsection shall be used for the payment transferred to the Department of Transpor-
of administrative expenses payable before WDWLRQ2SHUDWLQJ)XQGE\256
money from the account is transferred to the
6WDWH+LJKZD\)XQG7KHGHSDUWPHQWVKDOO (c) After deduction of expenses of collection,
transfer the money that is not to be used to transfer and administration, the department
make payments from the account established shall pay moneys collected from the Student
under this subsection and that remains in the Driver Training Fund eligibility fee under
account at the close of business on the last day 256 DQG WR WKH
of each month to the State Highway Fund on State Treasurer for deposit in the Student
RUEHIRUHWKHWKGD\RIWKHIROORZLQJPRQWK 'ULYHU7UDLQLQJ)XQG7KHPRQH\VGHSRVLWHG
in the Student Driver Training Fund under
(3) The Passenger Rail Transportation this paragraph are continuously appropriated
$FFRXQW7KHDFFRXQWHVWDEOLVKHGXQGHUWKLV WRWKHGHSDUWPHQWIRUWKHIROORZLQJSXUSRVHV
subsection is a separate account in the State
Treasury that shall be used to deposit moneys (A) To the extent of not more than 10 percent
received from the sale of customized regis- of the amount transferred into the Student
WUDWLRQSODWHVXQGHU2560RQH\V Driver Training Fund in any biennium, to pay
in the account shall be used for passenger WKHH[SHQVHVRIDGPLQLVWHULQJ256
UDLOSURJUDPV0RQH\VVKDOOEHGHSRVLWHGLQ DQG
the account after payment of administrative (B) The remaining moneys, for reimbursing
H[SHQVHVDVSURYLGHGXQGHU256 school districts and commercial driver training
7KH5HYROYLQJ$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
(a) Amounts paid as motor vehicle fuel tax the person does not pay the fee charged under
XQGHU256DQGWKDWDUHQRW this section, the department may do all of the
refunded; and IROORZLQJ
(b) Special use fuel license fees paid under (1) Suspend or cancel, or refuse to issue or
256 renew, any vehicle registration or title, vehi-
(3) The Department of Transportation shall cle permit, driver license or driver permit in
determine the amount of moneys to be trans- payment of which the check or other order for
IHUUHGXQGHUWKLVVHFWLRQDWTXDUWHUO\LQWHUYDOV WKHSD\PHQWRIPRQH\ZDVSUHVHQWHG
>FFF@ (2) Authorize any department employee or
802.130>FF SROLFHRIÀFHUWRVHL]HDQGUHFRYHUDQ\HYLGHQFH
FFF of the registration, title, license or permit sus-
FFUHSHDOHGE\ SHQGHGRUFDQFHOHG
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802.140>FF registration, title, license or permit is not
FFFUHSHDOHG recovered, refuse to conduct any further trans-
E\F@ actions with the person until the fee charged
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802.155 Safety Education Fund; uses. (1) RECORDS
7KHUHLVFUHDWHGWKH6DIHW\(GXFDWLRQ)XQG
VHSDUDWHDQGGLVWLQFWIURPWKH*HQHUDO)XQG 'HÀQLWLRQVIRU256WR
,QWHUHVWHDUQHGE\WKHIXQGVKDOOEHFUHGLWHG 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
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FFF FF@
FFF 802.177 Prohibition on release of per-
F@ sonal information from motor vehicle
802.160 Use of revocation and suspen- records. ([FHSWDVRWKHUZLVHSURYLGHGLQ256
sion reinstatement fees. The fees collected QHLWKHUWKH'HSDUWPHQWRI7UDQVSRU-
XQGHU256IRUWKHUHLQVWDWHPHQWRI WDWLRQQRUDQ\RIÀFHUHPSOR\HHRUFRQWUDFWRU
suspended and revoked driving privileges of the department may knowingly disclose or
shall be applied by the Department of Trans- otherwise make available to any person per-
portation to the cost of preparing and serving sonal information about an individual that is
notices of suspension or revocation and to the obtained by the department in connection with
cost of administering the driver improvement DPRWRUYHKLFOHUHFRUG>F@
SURJUDPDXWKRUL]HGXQGHU256> 802.179 Exemptions from prohibition
F@ on release of personal information from
802.170 Uncollectible tender of pay- motor vehicle records; rules. (1) The
ment; procedures. ,IDQ\SHUVRQSD\VWKH Department of Transportation, upon request
Department of Transportation any fee or tax or as required by law, shall disclose personal
with a bank check and the check is returned to information from a motor vehicle record to a
the department as uncollectible, or if a person government agency for use in carrying out its
pays the department with a credit or debit card JRYHUQPHQWDOIXQFWLRQV
and for any reason the department does not (2) The department shall disclose personal
get payment from the issuer of the card, the information from a motor vehicle record for use
department may charge the person the fee in connection with matters of motor vehicle or
for dishonored checks or other orders for the driver safety and theft, motor vehicle emis-
SD\PHQWRIPRQH\XQGHU256,I sions, motor vehicle product alterations, recalls
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
D7KH$XWRPRELOH,QIRUPDWLRQ'LVFORVXUH connection with claims investigation activities,
$FW DQWLIUDXGDFWLYLWLHVXQGHUZULWLQJRUUDWLQJ
E7KH0RWRU9HKLFOH,QIRUPDWLRQDQG&RVW (7) The department shall disclose personal
6DYLQJ$FW information regarding ownership or other
F7KH1DWLRQDO7UDIÀFDQG0RWRU9HKLFOH ÀQDQFLDOLQWHUHVWVLQDYHKLFOHWRDSHUVRQ
6DIHW\$FWRI who is required by the state or federal Con-
stitution, a statute or an ordinance to give
G7KH$QWL&DU7KHIW$FWRI notice to another person concerning the vehi-
H7KH&OHDQ$LU$FW FOH3HUVRQDOLQIRUPDWLRQGLVFORVHGXQGHUWKLV
subsection may be used only for giving the
D,IWKHGHSDUWPHQWGHWHUPLQHVWKDWD UHTXLUHGQRWLFH3HUVRQVDXWKRUL]HGWRUHFHLYH
business is a legitimate business, the depart- personal information under this subsection
ment shall disclose personal information to LQFOXGHEXWDUHQRWOLPLWHGWR
the business for use in the normal course of
EXVLQHVVLQ (a) Tow companies;
(A) Verifying the accuracy of personal infor- (b) Persons who have or are entitled to have
mation submitted to the business; or liens on the vehicle; and
(B) Correcting personal information sub- (c) Persons taking an action that could affect
PLWWHGWRWKHEXVLQHVVEXWRQO\LQRUGHUWR RZQHUVKLSULJKWVWRWKHYHKLFOH
(i) Prevent fraud; (8) The department shall disclose personal
information to any private security profes-
(ii) Pursue legal remedies against the VLRQDOFHUWLÀHGXQGHU256$WREH
individual who submitted the personal infor- used for the purpose of determining ownership
mation; or of vehicles parked in a place over which the
(iii) Recover a debt from, or satisfy a security private security professional, acting within
LQWHUHVWDJDLQVWWKHLQGLYLGXDO the scope of the professional’s employment,
H[HUFLVHVFRQWURO
(b) The department shall adopt rules
specifying the kind of information that the (9) The department shall disclose personal
department will accept as evidence that a information to the employer of an individual
EXVLQHVVLVDOHJLWLPDWHEXVLQHVV who holds commercial driving privileges, or
the insurer of the employer, to obtain or verify
(4) The department shall disclose personal LQIRUPDWLRQDERXWWKHLQGLYLGXDO
LQIRUPDWLRQWR
(10) The department shall disclose personal
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DJHQF\UHJLVWHUHGXQGHU256IRUXVH
in connection with a civil, criminal, adminis- (11) The department may not disclose
trative or arbitration proceeding in any court, personal information for bulk distributors
JRYHUQPHQWDJHQF\RUVHOIUHJXODWRU\ERG\ of surveys, marketing materials or solicita-
Permissible uses of personal information under WLRQVH[FHSWDVSURYLGHGLQWKLVVXEVHFWLRQ
this paragraph include, but are not limited to, The department shall implement methods and
service of process, investigation in anticipation SURFHGXUHVWRHQVXUH
of litigation and the execution and enforcement (a) That individuals are offered an opportu-
RIMXGJPHQWVDQGRUGHUV nity to request that personal information about
(b) A process server acting as an agent for themselves be disclosed to bulk distributors;
an individual for use in serving documents in and
connection with an existing civil, criminal, (b) That the personal information provided
administrative or arbitration proceeding, or by the department will be used, rented or sold
a judgment, in any court, government agency solely for bulk distribution of surveys, market-
RUVHOIUHJXODWRU\ERG\1RWKLQJLQWKLVSDUD- LQJPDWHULDOVDQGVROLFLWDWLRQV
graph limits the activities of a process server
when acting as an agent for an attorney, collec- (12) The department shall disclose per-
tion agency or like person or for a government sonal information to a person who requests
DJHQF\ the information if the requester provides the
department with written permission from
(5) The department shall disclose personal the individual whose personal information is
information other than names to a researcher UHTXHVWHG7KHZULWWHQSHUPLVVLRQIURPWKH
for use in researching health and educational LQGLYLGXDOPXVWEHQRWDUL]HG
questions and providing statistical reports,
as long as the personal information is not (13) The department shall disclose personal
published, redisclosed or used to contact information to a person who is in the business
LQGLYLGXDOV 7KH GHSDUWPHQW PD\ GLVFORVH
of disseminating such information under the (19) The department shall disclose personal
IROORZLQJFRQGLWLRQV information to a procurement organization as
D,QDGGLWLRQWRDQ\RWKHUUHTXLUHPHQWV GHÀQHGLQ256IRUWKHSXUSRVHRIIDFLO-
under the contract executed pursuant to itating the making of anatomical gifts under
paragraph (b) of this subsection, the person WKHSURYLVLRQVRI256>F
UHTXHVWLQJWKHLQIRUPDWLRQPXVWÀOHDSHU- FFF
formance bond with the department in the FFF
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in favor of the State of Oregon and its form is FF@
VXEMHFWWRDSSURYDOE\WKH$WWRUQH\*HQHUDO 802.180>FF
(b) The disseminator shall enter into a con- UHSHDOHGE\F@
WUDFWZLWKWKHGHSDUWPHQW$FRQWUDFWXQGHU 802.181 Redisclosure by authorized
this paragraph shall contain at least the fol- recipients of personal information from
ORZLQJSURYLVLRQV motor vehicle records. ([FHSWDVRWKHU-
(A) That the disseminator will not reproduce wise provided in subsections (2) to (5) of this
or distribute the personal information in bulk section, a person or government agency that is
but only in response to an individual record DXWKRUL]HGXQGHU256WRUHFHLYHSHU-
LQTXLU\ sonal information from motor vehicle records
PD\UHVHOORUUHGLVFORVHWKHLQIRUPDWLRQRQO\
(B) That the disseminator will provide
the personal information only to a person (a) To a person or government agency autho-
or government agency authorized to receive rized to receive the information under ORS
the information under this section and only DQGRQO\LIWKHSHUVRQRUJRYHUQPHQW
if the person or government agency has been agency is authorized by the Department of
authorized by the department to receive the Transportation to receive the resold or redis-
LQIRUPDWLRQ closed information; and
(C) That the disseminator will have a (b) For purposes authorized under ORS
method of ensuring that the disseminator can
delay for a period of up to two days the giving (2) A researcher who receives personal infor-
of personal information to a requester who is PDWLRQXQGHU256PD\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 WLRQXQGHU256PD\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 (5) No one who receives personal information
adopted under this subsection may include, IURPWKHGHSDUWPHQWXQGHU256PD\
but need not be limited to, rules establishing sell or redisclose the information to a person
procedures for the department to verify the who is in the business of disseminating the
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UHTXHVWIRUSHUVRQDOLQIRUPDWLRQ $SHUVRQZKRUHVHOOVRUUHGLVFORVHVSHU-
(17) The department shall adopt rules pro- sonal information as authorized by this section,
viding for the release of personal information other than a representative of the news media,
from motor vehicle records to a person who is PXVWNHHSUHFRUGVIRUDSHULRGRIÀYH\HDUVWKDW
injured by the unsafe operation of a vehicle or identify each person who receives the informa-
who owns property that is damaged because tion and the permitted purpose for which the
RIWKHXQVDIHRSHUDWLRQRIDYHKLFOH SHUVRQUHFHLYHGWKHLQIRUPDWLRQ5HFRUGVNHSW
(18) The department shall disclose personal in accordance with this subsection must be
information to a private investigator licensed PDGHDYDLODEOHWRWKHGHSDUWPHQWRQUHTXHVW
by any licensing authority within the State of (7) A procurement organization that receives
Oregon, to be used for any purpose permitted personal information as authorized by ORS
XQGHUWKLVVHFWLRQ$OLFHQVHGSULYDWHLQYHV- PD\QRWUHVHOORUUHGLVFORVHWKH
tigator requesting information must prove to LQIRUPDWLRQ
the department that the person has a corpo- (8) The State of Oregon is immune from lia-
rate surety bond, an irrevocable letter of credit bility for any claim resulting from the resale
LVVXHGE\DQLQVXUHGLQVWLWXWLRQDVGHÀQHGLQ or redisclosure of personal information under
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Department of Public Safety Standards and FF@
Training may prescribe by rule in the mini-
mum amount of $5,000 or errors and omissions
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802.183 Fees for and rules regarding person who has knowingly obtained or used
release of personal information from personal information about the aggrieved
motor vehicle records. (1) The Department SHUVRQLQYLRODWLRQRI256WR
of Transportation may establish fees reason- The action shall be for actual damages or
ably calculated to reimburse it for its actual $2,500, whichever is greater, plus attorney
cost in making personal information available fees and court costs reasonably incurred in
to a person or government agency authorized WKHDFWLRQ
XQGHU256WRREWDLQWKHLQIRUPDWLRQ (2) A person aggrieved by a violation of
Fees established under this subsection are sub- 256WRDGLVWULFWDWWRUQH\
MHFWWRWKHSURYLVLRQVRI256WR or the Attorney General may obtain appropri-
(2) The department may adopt rules specify- DWHUHOLHIWRHQIRUFH256WR
ing conditions that must be met by a person or together with attorney fees and costs reason-
government agency requesting personal infor- DEO\LQFXUUHGLQDQDFWLRQIRUUHOLHI
PDWLRQXQGHU2566XFKFRQGLWLRQV (3) Any person whose use or obtaining
PD\LQFOXGHEXWQHHGQRWEHOLPLWHGWR of personal information in violation of ORS
(a) Providing reasonable assurance of the WRVXEMHFWVWKH6WDWHRI2UHJRQ
identity of the requester; to any liability or claim shall indemnify and
(b) Providing reasonable assurance of the hold harmless this state from all such liability
uses to which the personal information will be and any claims, including attorney fees and
put, if applicable; court costs, incurred in any proceeding arising
XQGHU256WR>F@
(c) Showing that the individual whose per-
sonal information is to be disclosed has given 802.195 Social Security numbers; dis-
permission for the disclosure, if permission is closure; fees; penalty. (1) As used in this
required; and VHFWLRQ
(d) Submitting a written request for the per- D´0RWRUYHKLFOHUHFRUGµPHDQVDQ\UHFRUG
sonal information in a form prescribed by the that pertains to a grant of driving privileges,
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ment of Transportation, a vehicle title or a
802.185 Notice to individual of certain YHKLFOHUHJLVWUDWLRQ
requests for information; waiver. The
Department of Transportation may establish E´3HUVRQµKDVWKHPHDQLQJJLYHQWKDW
a procedure under which the department, upon WHUPLQ256
receiving a request for disclosure of personal (2) Neither the Department of Transpor-
information that does not come from a person WDWLRQQRUDQ\RIÀFHUHPSOR\HHRUFRQWUDFWRU
or government agency authorized under ORS of the department may knowingly disclose or
WRUHFHLYHWKHLQIRUPDWLRQRUGRHVQRW otherwise make available to any person an
fall within one of the uses permitted under individual’s Social Security number that is
256PD\PDLODFRS\RIWKHUHTXHVW obtained by the department in connection with
to the individual about whom the information DPRWRUYHKLFOHUHFRUG
ZDVUHTXHVWHG7KHFRS\RIWKHUHTXHVWVKDOOEH (3) Notwithstanding subsection (2) of this
accompanied by a statement that the personal section, the department may, upon the request
information requested will not be disclosed of another government agency, or shall, as
unless the individual waives any right to pri- required by law, disclose an individual’s Social
YDF\FUHDWHGE\256WR> Security number from a motor vehicle record
F@ to the other agency for use in carrying out the
802.187 Relationship to other privacy RWKHUDJHQF\·VJRYHUQPHQWDOIXQFWLRQV
statutes; access to information about (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 number as authorized by this subsection shall
prohibits an individual from having access to NHHSIRUÀYH\HDUVUHFRUGVWKDWLGHQWLI\HDFK
personal information about the individual that other government agency that receives the
LVFRQWDLQHGLQPRWRUYHKLFOHUHFRUGV> 6RFLDO 6HFXULW\ QXPEHU 5HFRUGV NHSW LQ
F@ accordance with this subsection must be made
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256WR.QRZLQJO\REWDLQLQJ (5) The department may establish fees
or using personal information from a motor reasonably calculated to reimburse the
YHKLFOHUHFRUGLQYLRODWLRQRI256WR department for the actual cost of making an
LVD&ODVV$PLVGHPHDQRU>F individual’s Social Security number available
@ to a government agency as required in subsec-
802.191 Civil action for violation of ORS WLRQRIWKLVVHFWLRQ
802.175 to 802.187. (1) A person aggrieved 1RWKLQJLQWKLVVHFWLRQSURKLELWVDQLQGL-
E\DQLQWHQWLRQDOYLRODWLRQRI256WR vidual from having access to that individual’s
PD\EULQJDQDFWLRQDWODZDJDLQVWD
(a) Any accident or conviction for violation of Nothing in this subsection authorizes the
motor vehicles laws that occurred more than UHOHDVHRISHUVRQDOLQIRUPDWLRQDVGHÀQHGLQ
three years immediately preceding a request 256>FF
IRUDEVWUDFW FFF
(b) Any suspension ordered under ORS FFF
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notice to reinstate a person’s suspended driv- F@
LQJSULYLOHJHVXQGHU256 802.222>FUHSHDOHGE\
(c) Any diversion agreement under ORS F@
HQWHUHGLQWRPRUHWKDQWKUHH\HDUV 802.224>FF
immediately preceding a request for the FUHSHDOHGE\F@
DEVWUDFW 802.230 Fees for records. (1) The fee for
([FHSWDVRWKHUZLVHSURYLGHGLQWKLV furnishing information concerning vehicle
VXEVHFWLRQ DFFLGHQW UHSRUWV ÀOHG ZLWK WKH UHJLVWUDWLRQUHFRUGVXQGHU256LVD
GHSDUWPHQWXQGHU256RU reasonable fee established by the Department
VKDOOEHZLWKRXWSUHMXGLFHWRWKHLQGL- RI7UDQVSRUWDWLRQ
YLGXDOÀOLQJWKHUHSRUWDQGVKDOOEHIRUWKH (2) The fee for furnishing information con-
FRQÀGHQWLDOXVHRIVWDWHDGPLQLVWUDWLYHDQG cerning driver licenses or driver permits under
HQIRUFHPHQWDJHQFLHV7KHGHSDUWPHQWPD\XVH 256LVDUHDVRQDEOHIHHHVWDEOLVKHG
WKHFRQÀGHQWLDODFFLGHQWUHSRUWVWRSURYLGHWKH E\WKHGHSDUWPHQW
IROORZLQJLQIRUPDWLRQWRWKHSHUVRQVGHVFULEHG
(3) The fee for an abstract of driving record
(a) Upon request, the department shall dis- XQGHU256LVDUHDVRQDEOHIHHHVWDE-
close the following information to any party OLVKHGE\WKHGHSDUWPHQW
involved in the accident or to their personal
representative or any member of the family of (4) The fee for furnishing information
DSDUW\LQYROYHGLQWKHDFFLGHQW concerning trip permit records under ORS
LVDUHDVRQDEOHIHHHVWDEOLVKHGE\WKH
(A) The identity of the owner, driver, occu- GHSDUWPHQW
pants and the registration number of a vehicle
involved in the accident; (5) The fee for separate records on vehicle
RGRPHWHUUHDGLQJVXQGHU256LVD
(B) The names of any companies insuring UHDVRQDEOHIHHHVWDEOLVKHGE\WKHGHSDUWPHQW
the owner or driver of a vehicle involved in the >FFF
accident; and FFF@
(C) The names of any witnesses to the 802.240 Driver and vehicle records as
DFFLGHQW evidence. ,QDOODFWLRQVVXLWVRUFULPLQDO
E7KHGHSDUWPHQWVKDOOIXUQLVKDFHUWLÀ- proceedings when the title to, or right of pos-
FDWHVKRZLQJWKDWDVSHFLÀHGDFFLGHQWUHSRUW session of, any vehicle is involved, the record of
has or has not been made to the department WLWOHDVLWDSSHDUVLQWKHÀOHVDQGUHFRUGVRIWKH
upon demand of any person who has or claims Department of Transportation, is prima facie
to have made such a report or upon demand of evidence of ownership or right to possession of
DFRXUW WKHYHKLFOH$VXVHGLQWKLVVHFWLRQWKHUHFRUG
7KH GHSDUWPHQW VKDOO WDEXODWH DQG of title does not include records of salvage titles
may analyze all accident reports to develop XQOHVVWKHUHFRUGLWVHOILVWKHVDOYDJHWLWOH
statistical information based thereon as to the Proof of the ownership or right to possession
QXPEHUDQGFLUFXPVWDQFHVRIWUDIÀFDFFLGHQWV of a vehicle shall be made by means of any of
The department shall publish information com- WKHIROORZLQJPHWKRGV
piled under this section in the manner provided D7KHRULJLQDOFHUWLÀFDWHRIWLWOHDVSUR-
XQGHU256 YLGHGXQGHU256
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subsection, the records the department is title record of the vehicle as the record appears
UHTXLUHGXQGHU256WRPDLQWDLQRQ LQWKHÀOHVDQGUHFRUGVRIWKHGHSDUWPHQW
WULSSHUPLWVLVVXHGXQGHU256DUH ([WULQVLF HYLGHQFH RI DXWKHQWLFLW\ LV
SXEOLFUHFRUGV7KHGHSDUWPHQWPD\FKDUJH not required as a condition precedent to the
DIHHHVWDEOLVKHGXQGHU256IRUIXU- admission of a copy of a document relating to
nishing information from the records on trip the privilege of any person to drive a motor
SHUPLWV1RWKLQJLQWKLVVXEVHFWLRQDXWKRUL]HV YHKLFOHDXWKRUL]HGE\ODZWREHÀOHGDQGDFWX-
WKHUHOHDVHRISHUVRQDOLQIRUPDWLRQDVGHÀQHG DOO\ÀOHGLQWKHUHFRUGVRIWKHGHSDUWPHQWLI
LQ256 the copy bears a seal purporting to be that of
(8) The records the department maintains WKHGHSDUWPHQWDQGLVFHUWLÀHGDVDWUXHFRS\
XQGHU 256 FRQFHUQLQJ RGRPHWHU by original or facsimile signature of a person
UHDGLQJVIRUYHKLFOHVDUHSXEOLFUHFRUGV7KH SXUSRUWLQJWREHDQRIÀFHURUHPSOR\HHRIWKH
department may separately furnish informa- GHSDUWPHQW7KLVVXEVHFWLRQDSSOLHVWRFRSLHV
tion concerning odometer readings shown by RIDGDWDFRPSLODWLRQLQDQ\IRUP&RSLHVRI
LWVUHFRUGV7KHGHSDUWPHQWPD\FKDUJHWKHIHH GRFXPHQWVFHUWLÀHGLQDFFRUGDQFHZLWKWKLV
HVWDEOLVKHGXQGHU256IRULQIRUPD- subsection constitute prima facie evidence of
WLRQVHSDUDWHO\SURYLGHGXQGHUWKLVVXEVHFWLRQ WKHH[LVWHQFHRIWKHIDFWVVWDWHGWKHUHLQ
(5) As used in this section, “eligible (k) An employee of the Oregon Youth Author-
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(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 /$GLVWULFWDWWRUQH\DVGHÀQHGLQ256
Corrections and an employee of an institu- RUGHSXW\GLVWULFWDWWRUQH\
WLRQGHÀQHGLQ256DV'HSDUWPHQW (m) An employee who provides educational
of Corrections institutions, whose duties, as services to persons who are clients or patients
assigned by the superintendent, include the of the Department of Human Services or the
custody of persons committed to the custody Oregon Health Authority, who are under the
RIRUWUDQVIHUUHGWRWKHLQVWLWXWLRQ jurisdiction of the Psychiatric Security Review
F$SDUROHDQGSUREDWLRQRIÀFHUHPSOR\HG Board or who are under the custody or super-
by the Department of Corrections and an vision of the Department of Corrections, the
employee of the Department of Corrections State Board of Parole and Post-Prison Super-
Release Center whose duties, as assigned by vision, a community corrections agency, the
the Chief of the Release Center, include the Oregon Youth Authority or a juvenile depart-
custody of persons committed to the custody PHQW$VXVHGLQWKLVSDUDJUDSK´HPSOR\HH
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person who provides instruction, or services
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RU taught in an elementary school, a secondary
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WRUE\WKH'LUHFWRURI$JULFXOWXUH WKDQDVFKRROVHWWLQJDQGZKRZRUNVIRU
(f) An investigator of the Criminal Justice (A) An education service district or a com-
'LYLVLRQRIWKH'HSDUWPHQWRI-XVWLFH 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
JUDSK´IHGHUDORIÀFHUµPHDQVDVSHFLDODJHQW
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 FFF
Administration; FFF
, 7KH 8QLWHG 6WDWHV 'HSDUWPHQW RI FFF
Agriculture; FDFF
FFF
(J) The Bureau of Alcohol, Tobacco, Fire- FFF@
DUPVDQG([SORVLYHV
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
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
FFF@ 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>FF
IROORZV F@
(a) Two persons representing ski area 802.380>FF
operators; UHSHDOHGE\F@
(b) One member representing the Oregon 802.390>FUHSHDOHGE\
Nordic Club; F@
F 2QH SHUVRQ UHSUHVHQWLQJ WKH 3DFLÀF 802.400>FF
Northwest Ski Association; UHQXPEHUHGLQ@
(d) One member representing the Oregon 802.410>FF
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$OORIWKHIROORZLQJDSSO\WRDQDJUHH-
ment established under the authority granted
7KH'HSDUWPHQWRI7UDQVSRUWDWLRQVKDOO E\WKLVVHFWLRQ
provide assistance and space for meetings as
UHTXHVWHGE\WKHFKDLURIWKHFRPPLWWHH (1) An agreement may establish any of the
IROORZLQJEHQHÀWVSULYLOHJHVDQGH[HPSWLRQV
(7) The committee shall adopt rules to with respect to the operation of commercial or
govern its proceedings and shall select a chair QRQFRPPHUFLDOYHKLFOHVLQWKLVVWDWH
DQGDQ\RWKHURIÀFHUVLWFRQVLGHUVQHFHVVDU\
D)RUSXUSRVHVRI256H[HPSWLRQV
(8) Members of the advisory committee shall from registration and payment, wholly or par-
be entitled to actual and necessary expenses WLDOO\RIDQ\YHKLFOHRUUHJLVWUDWLRQIHHV
DVSURYLGHGE\256>F
F@ (b) Privileges relating to vehicles used by
SHUVRQVZLWKGLVDELOLWLHV
802.360>FF
FFUHSHDOHGE\ F3ULYLOHJHVUHODWLQJWRYHKLFOHSDUNLQJ
F@ G3ULYLOHJHVUHODWLQJWRYHKLFOHGHDOHUV
802.370 Advisory committee on vehicle (e) Privileges, exemptions or benefits
dealer regulation; members; compen- relating to farm vehicles or implements of
sation. (1) The Director of Transportation KXVEDQGU\
shall establish an advisory committee to
advise the Department of Transportation on (f) Privileges relating to persons commer-
FLDOO\WUDQVSRUWLQJYHKLFOHV
J$Q\VLPLODUSULYLOHJHVEHQHÀWVRUH[HPS- EHQHÀWVH[HPSWLRQVDQGSULYLOHJHVXQGHUWKH
WLRQVUHODWLQJWRWKHRSHUDWLRQRIYHKLFOHV DJUHHPHQW
K3ULYLOHJHVEHQHÀWVRUH[HPSWLRQVUHODW- (9) An agreement may authorize the depart-
LQJWRWKHUHJLVWUDWLRQRIÁHHWVRIYHKLFOHV ment to suspend or cancel any exceptions,
(2) An agreement shall only grant the priv- EHQHÀWVRUSULYLOHJHVJUDQWHGWRDQ\SHUVRQ
LOHJHVEHQHÀWVDQGH[HPSWLRQVWRDYHKLFOHRU under the agreement if the person violates any
the owner of a vehicle if the vehicle is any of of the terms or conditions of the agreement or
WKHIROORZLQJ violates any law or rule of this state relating
WRYHKLFOHV
(a) Registered in the jurisdiction where
the person registering the vehicle has a legal (10) All agreements shall be in writing and
UHVLGHQFH ÀOHGZLWKWKHGHSDUWPHQWZLWKLQGD\VDIWHU
execution or the effective date of the agree-
(b) A commercial vehicle registered in a PHQWZKLFKHYHULVODWHU
jurisdiction where the commercial enterprise
in which the vehicle is used has a place of (11) An agreement may be a limited type
EXVLQHVV7RTXDOLI\XQGHUWKLVSDUDJUDSK agreement with any state bordering this state
the vehicle must be assigned to the place of DVGHVFULEHGLQWKLVVXEVHFWLRQ$QDJUHHPHQW
business and the place of business must be described under this subsection is subject to
the place from which or in which the vehicle is DOORIWKHIROORZLQJ
most frequently dispatched, garaged, serviced, D7KHEHQHÀWVH[HPSWLRQVDQGSULYLOHJHV
PDLQWDLQHGRSHUDWHGRURWKHUZLVHFRQWUROOHG under the agreement shall only be extended
(c) A commercial vehicle registered in a WRYHKLFOHVRUDFODVVRIYHKLFOHVDVVSHFLÀHG
jurisdiction where the vehicle has been reg- LQWKHDJUHHPHQW
istered because of an agreement between two (b) The agreement shall be applicable only
jurisdictions or a declaration issued by any within an area in each state that is situated
MXULVGLFWLRQ along the boundary between the states and
(3) An agreement shall retain the right of WKDWLVVXEVWDQWLDOO\HTXDOLQVL]H
the Department of Transportation to make the (c) The usage permitted of the vehicles in
ÀQDOGHWHUPLQDWLRQDVWRWKHSURSHUSODFHRI the two areas shall be as substantially equal
registration of a vehicle when there is a dispute DVPD\EHSUDFWLFDEOH
or doubt concerning the proper place of regis- (d) The areas and usage subject to the agree-
WUDWLRQ$QDJUHHPHQWVKDOOUHWDLQWKHULJKWRI PHQWVKDOOEHGHVFULEHGLQWKHDJUHHPHQW
the department to confer with the departments
of other jurisdictions affected when making a (e) Proportional registration shall not be
GHWHUPLQDWLRQXQGHUWKLVVXEVHFWLRQ UHTXLUHGXQGHUWKHDJUHHPHQW
(4) An agreement shall not provide for any (f) The agreement shall comply with other
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR mandatory provisions of this section and may
fuel taxes, use fuel taxes, weight mile taxes contain any other provisions described under
or any other fees or taxes levied or assessed WKLVVHFWLRQ
against the use of highways or use or owner- (g) A vehicle operating under the agreement
ship of vehicles except registration taxes, fees may be required to obtain a permit under ORS
DQGUHTXLUHPHQWV
(5) An agreement must provide that any (12) An agreement may require the display
vehicle registered in this state will receive a or submission of evidence of registration for
similar kind or degree of exemptions, bene- DQ\YHKLFOHRSHUDWLQJXQGHUWKHDJUHHPHQW
ÀWVDQGSULYLOHJHVZKHQRSHUDWHGLQDQRWKHU >FFF
jurisdiction that is party to the agreement as FF@
vehicles registered in the other jurisdiction
UHFHLYHZKHQRSHUDWHGLQWKLVVWDWH 802.510>FF
FUHSHDOHGE\F@
$QDJUHHPHQWLQWKHMXGJPHQWRIWKH
director, shall be in the best interest of this 802.520 Authority to grant registration
state and its citizens, shall be fair and equi- privileges or exemptions to vehicles regis-
table to this state and its citizens and shall tered in other jurisdictions; declaration;
be determined on the basis and recognition of limitations. The Director of Transportation
EHQHÀWVWKDWDFFUXHWRWKHHFRQRP\RIWKLVVWDWH may examine the laws and requirements of any
IURPWKHXQLQWHUUXSWHGÁRZRIFRPPHUFH jurisdiction that issues out-of-state registra-
tion and may grant a privilege or a registration
(7) An agreement may authorize a vehicle exemption described in this section to vehi-
that would otherwise be required to be reg- cles or owners of vehicles registered in that
istered in one jurisdiction to be registered in MXULVGLFWLRQ$OORIWKHIROORZLQJDSSO\WRWKH
DQRWKHUMXULVGLFWLRQZLWKRXWORVLQJDQ\EHQHÀW DXWKRULW\JUDQWHGE\WKLVVHFWLRQ
exemption or privilege under the agreement if
the vehicle is operated from a base located in (1) The director may only grant privileges
WKHRWKHUMXULVGLFWLRQ or registration exemptions under this section
to vehicles that are registered in jurisdictions
(8) An agreement may allow the lessee that do not have an agreement with this state
or lessor of a vehicle, subject to the terms for privileges or registration exemptions under
and conditions of the lease to receive 256RURUDQDJUHHPHQWIRU
$57,&/(; G,VVXDQFHRILGHQWLÀFDWLRQFDUGV
67$7(*29(510(17'(3$570(176
$87+25,=('72&223(5$7(:,7+ (2) An agreement described in subsection
&223(5$7,1*&200,77(( (1) of this section may be in any form and may
contain any provisions that the department
6(&7,21:LWKLQDSSURSULDWLRQVDYDLO- determines to be in the best interests of the
able therefor, the departments, agencies and public and convenient for the department,
RIÀFHUVRIWKHJRYHUQPHQWRIWKLVVWDWHVKDOO including but not necessarily limited to pro-
cooperate with and assist the cooperating YLVLRQVWKDWDOORZWKHGHSDUWPHQWWR
committee within the scope contemplated by
$UWLFOH,9VHFWLRQDDQGERIWKHDJUHH- D(QVXUHSURGXFWTXDOLW\FRQWURO
PHQW7KHGHSDUWPHQWVDJHQFLHVDQGRIÀFHUV (b) Audit activities of the person entering
of the government of this state are authorized into the agreement to ensure compliance with
generally to cooperate with said cooperating WKHDJUHHPHQW
FRPPLWWHH
F,PSRVHVDQFWLRQVRQDSHUVRQIRUYLRODWLRQ
____________________________________ RIWKHDJUHHPHQW
>FFF@ (3) A person authorized to transact business
802.565 Participation by department for the department under this section, includ-
and payment of fees. The Director of Trans- ing but not limited to a person who transacts
SRUWDWLRQVKDOO business under contract with an integrator,
PD\FKDUJHDIHHIRUWKHVHUYLFHVSURYLGHG
(1) Appoint an employee of the Department Fees authorized under this subsection are in
of Transportation to participate in meetings addition to any charges or fees that the depart-
held by the cooperating committee created ment is authorized by statute to collect for the
pursuant to the Multistate Highway Trans- WUDQVDFWLRQ
SRUWDWLRQ$JUHHPHQWXQGHU256
(4)(a) The department may adopt such rules
(2) Pay any membership fee required by as are necessary to carry out the provisions of
the Multistate Highway Transportation this section, including but not limited to rules
Agreement from funds appropriated to the WKDW
GHSDUWPHQW>F@
(A) Specify criteria for eligibility of a person
NoteZDVHQDFWHGLQWRODZE\WKH to enter into an agreement with the depart-
Legislative Assembly but was not added to or PHQWXQGHUWKLVVHFWLRQ
made a part of the Oregon Vehicle Code or any
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ (B) Specify the manner in which fees
See Preface to Oregon Revised Statutes for authorized by this section will be collected
IXUWKHUH[SODQDWLRQ DQGHVWDEOLVKDQ\QRWLÀFDWLRQWKHSHUVRQLV
UHTXLUHGWRJLYHWKHSXEOLFDERXWWKHIHHV
802.570 Compensation and reimburse-
ment for legislative representative under (C) Require a bond in an amount determined
Multistate Highway Transportation by the department from a person acting under
Agreement. A legislator who is a designated DQDJUHHPHQWGHVFULEHGLQWKLVVHFWLRQ
UHSUHVHQWDWLYHXQGHU256LVHQWLWOHG (D) Prohibit disclosure of personal infor-
to compensation and expense reimbursement mation from driver or vehicle records except
XQGHU256SD\DEOHIURPIXQGVDSSUR- LQDFFRUGDQFHZLWKDSSOLFDEOHODZV
SULDWHGWRWKH/HJLVODWLYH$VVHPEO\>
FF@ (b) The department may not adopt rules
establishing the amount of a fee to be charged
E\DSHUVRQDFWLQJXQGHUWKLVVHFWLRQ
AGREEMENTS WITH PRIVATE
CONTRACTORS (c) Rules adopted under this subsection shall
be developed in consultation with persons who
802.600 Agreements to transact depart- might enter into agreements with the depart-
ment business; fees; rules; “integrator” ment under this section, including but not
GHÀQHG(1) The Department of Transpor- OLPLWHGWRLQWHJUDWRUVDQGYHKLFOHGHDOHUV
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
department, including but not limited to an ZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
integrator, enabling the person to transact on
behalf of the department the following func- (a) To provide information and supplies to a
WLRQVRIWKHGHSDUWPHQW person who transacts business for the depart-
ment under an agreement described in this
D(OHFWURQLFLVVXDQFHRIYHKLFOHWLWOH section; and
E,PPHGLDWHLVVXDQFHRIWLWOHDQGUHJLVWUD- (b) To collect moneys due from persons who
tion, including registration plates or stickers, transact the business and remit the moneys
WRDSHUVRQZKREX\VDYHKLFOH WRWKHGHSDUWPHQW>FF
(c) Written and skills testing for driver FF@
licenses and permits, including commercial _______________
GULYHUOLFHQVHV
Chapter 803
(',7,21
VEHICLE TITLE AND REGISTRATION
(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
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
$VDOYDJHWLWOHFHUWLÀFDWHLVVXHGE\WKH to the department, or the mileage reported to
department; or the department at the time the vehicle was ini-
(3) The department records as provided WLDOO\WLWOHGLQ2UHJRQZKLFKHYHURFFXUUHGODVW
XQGHU256>F The information required by this subsection
F@ shall be shown as reported to the department
on odometer disclosure reports required by law
803.012 Rules for title forms and fees. WREHVXEPLWWHGWRWKHGHSDUWPHQW
(1) The Department of Transportation may
adopt rules authorizing different forms of title 7KHFHUWLÀFDWHVKDOOFRQWDLQDQ\EUDQG
DQGVSHFLI\LQJWKHXVHVRIWKHGLIIHUHQWIRUPV RUQRWDWLRQVSHFLÀHGE\WKHGHSDUWPHQWE\UXOH
The rules may include, but need not be limited 7KHFHUWLÀFDWHVKDOOFRQWDLQDQ\RWKHU
to, rules authorizing and describing uses of LQIRUPDWLRQUHTXLUHGE\WKHGHSDUWPHQW
HOHFWURQLFWLWOHVDQGFHUWLÀFDWHVRIWLWOH
7KHFHUWLÀFDWHVKDOOEHSURGXFHGE\
(2) Rules adopted under this section may a secure process that meets or exceeds the
require or allow different forms of title for dif- UHTXLUHPHQWVRIIHGHUDOODZ>F
IHUHQWSXUSRVHVRUIRUGLIIHUHQWSHUVRQV FFF
(3) Rules adopted under this section may FFF
include fee structures that vary for different FFF
forms of title but in no case may the depart- FFF@
ment charge more than the fees established for 803.016 Titles in form other than cer-
VLPLODUWLWOHWUDQVDFWLRQVXQGHU256 WLÀFDWH,IWLWOHWRDYHKLFOHLVQRWWREHLVVXHG
>F@ LQWKHIRUPRIDFHUWLÀFDWHWKHUHFRUGRIWLWOH
803.015 Certificate contents. The kept by the Department of Transportation
Department of Transportation shall design a shall include all information required by ORS
FHUWLÀFDWHRIWLWOHIRUYHKLFOHVIRUVLWXDWLRQVLQ 1RWKLQJLQWKLVVHFWLRQUHTXLUHVWKDW
ZKLFKWKHGHSDUWPHQWGHWHUPLQHVWKDWFHUWLÀ- WLWOHLVVXHGLQDIRUPRWKHUWKDQDFHUWLÀFDWH
FDWHVZLOOEHLVVXHG$FHUWLÀFDWHRIWLWOHLVVXHG (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 FF@
GHHPVSURSHU
803.020>FDUHSHDOHGE\
7KHFHUWLÀFDWHVKDOOFRQWDLQWKHQDPHRI F@
WKHRZQHURIWKHYHKLFOH
803.025 Violating title requirements;
7KHFHUWLÀFDWHVKDOOLGHQWLI\DQ\VHFXULW\ penalty. (1) A person commits the offense
LQWHUHVWKROGHUVLQWKHRUGHURIWKHLUSULRULW\ of violating vehicle title requirements if the
This subsection does not apply to the security person owns or operates any vehicle in this
interests where the debtor who granted the VWDWHIRUZKLFKWKLVVWDWHKDVQRWLVVXHGWLWOH
security interest is in the business of selling
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>FF
by a seal of the State of Oregon printed on the FFF
FHUWLÀFDWH @
7KHFHUWLÀFDWHVKDOOKDYHVSDFHWRÀOOLQ
information required by the department upon
803.030 Exemptions from title require- (12) Golf carts operated under an ordinance
ment. This section establishes exemptions DGRSWHGXQGHU256DUHH[HPSWIURP
IURPWKHUHTXLUHPHQWVXQGHU256 UHTXLUHPHQWVIRUWLWOH
WR REWDLQ WLWOH LVVXHG E\ WKLV VWDWH 7KH (13) Golf carts or similar vehicles are exempt
H[HPSWLRQVDUHVXEMHFWWR2567KH IURPUHTXLUHPHQWVIRUWLWOHZKHQ
exemptions are in addition to any exemptions
XQGHU2569HKLFOHVH[HPSWHGE\WKLV (a) They have not less than three wheels in
section from the requirements to be titled by contact with the ground;
this state are not prohibited from being titled (b) They have an unloaded weight of less
by this state if titling is permitted under ORS than 1,300 pounds;
7KHH[HPSWLRQVDUHSDUWLDORUFRP-
SOHWHDVSURYLGHGLQWKHIROORZLQJ (c) They are designed to be and are operated
at not more than 15 miles per hour; and
(1) Title from this state is not required for
a vehicle unless the vehicle is operated on a (d) They are operated by persons with
KLJKZD\LQWKLVVWDWH GLVDELOLWLHV
(2) Title from this state is not required (14) The nonresident owners of vehicles
unless a vehicle is operated under a registra- currently registered and titled in any other
WLRQQXPEHURIWKLVVWDWH country, state or territory may operate such
vehicles over the highways of this state without
6QRZPRELOHVDQG&ODVV,&ODVV,,,DQG complying with the titling requirements under
&ODVV,9DOOWHUUDLQYHKLFOHVDUHQRWVXEMHFW 256$OORIWKHIROORZLQJDSSO\WRWKLV
WRWKHUHTXLUHPHQWVXQGHU2567KH VXEVHFWLRQ
requirements and procedures for titling snow-
PRELOHVDUHDVSURYLGHGXQGHU256 (a) This subsection only provides an exemp-
DQG tion so long as the owner satisfactorily shows
that the owner is not a resident of this state or
(4) Road rollers, farm tractors and traction has been a resident of this state for less than
engines are exempt from the requirements for GD\V)RUWKHSXUSRVHRIWKLVSDUDJUDSKD
WLWOH person is a resident of this state if the person
(5) Trolleys are exempt from the require- meets the residency requirements described
PHQWVIRUWLWOH LQ256
%LF\FOHVDUHH[HPSWIURPWKHUHTXLUH- (b) The exemption under this subsection
PHQWVIRUWLWOH applies to vehicles granted exemptions under
256RUXQOHVVRWK-
(7) United States Government owned and erwise provided under paragraph (c) of this
operated motor vehicles and trailers are VXEVHFWLRQ
H[HPSWIURPWKHUHTXLUHPHQWVIRUWLWOH
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 UHTXLUHGRIQRQWLWOHGYHKLFOHV7KHIROORZLQJ
RIWKLVVHFWLRQÀ[HGORDGYHKLFOHVDUHH[HPSW YHKLFOHVDUHQRWVXEMHFWWRWKLVSDUDJUDSK
from the requirements for title while operated (A) Vehicles operated under reciprocal reg-
within the immediate construction project, as istration exemptions established under ORS
described in the governmental agency contract, RU
in the construction or reconstruction of state
RUFRXQW\URDGVKLJKZD\VRUFLW\VWUHHWV (B) Vehicles operated under an exemption
HVWDEOLVKHGXQGHU256
(10) Motor vehicles designed to operate at a
loaded weight over 8,000 pounds, trailers and (C) Vehicles that are proportionally regis-
equipment are exempt from requirements for tered under an agreement established under
WLWOHZKLOH 256DQGDFFRUGLQJWRWKHSURFHGXUHV
HVWDEOLVKHGXQGHU256RU
(a) Owned, leased, contracted or requisi-
tioned by the State Forester, State Board of (D) Any vehicle if duly registered and titled
Forestry, their contractors under ORS chapter under the laws of the state or country of which
477, or the federal government; and WKHRZQHULVDERQDÀGHUHVLGHQWWRWKHH[WHQW
that in the foreign country, state, territory or
(b) Being used for the purposes of forest federal district where the owner resides like
SURWHFWLRQDQGÀUHVXSSUHVVLRQXQGHU256 exemptions and privileges are granted vehicles
chapter 477 or a similar federal statute, includ- duly registered and titled under the laws of this
ing movement of the vehicles to and from the VWDWHDQGRZQHGE\UHVLGHQWVRIWKLVVWDWH
ZRUNDUHD
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(11) Farm trailers are exempt from require- PHQWV DUH LQ HIIHFW XQGHU 256
ments for title when the operation or movement RUZLWKUHVSHFWWR
of the vehicle upon the highways is incidental another jurisdiction, any vehicle properly reg-
WRLWVXVHLQDQDJULFXOWXUDORSHUDWLRQ istered and titled in such other jurisdiction and
for which evidence of compliance is supplied
shall receive, when operated in this state,
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 ing, but not necessarily limited to, the vehicle
IUDPHRIWKHYHKLFOHDVDOYDJHWLWOHFHUWLÀFDWH LGHQWLÀFDWLRQQXPEHU
issued for the vehicle or other evidence of own- (b) The name of the owner of the vehicle or
HUVKLSVDWLVIDFWRU\WRWKHGHSDUWPHQW other person whose name is to be shown on the
(B) Bills of sale for major components used WLWOH
WREXLOGWKHYHKLFOH (c) The identity of any security interests in
H,IWKHYHKLFOHLVFRYHUHGE\DQ2UHJRQ RUGHURISULRULW\
WLWOHRUVDOYDJHWLWOHFHUWLÀFDWHWKHDSSOLFDQW G7KHLGHQWLW\RIWKHLQWHUHVWRIDQ\OHVVRU
shall surrender the Oregon title or salvage title
FHUWLÀFDWHVXEPLWDQDSSOLFDWLRQDVSURYLGHG (e) A disclosure of whether the vehi-
XQGHU256RUVXEPLWRWKHUHYLGHQFH cle is a replica or is specially constructed,
RIRZQHUVKLSVDWLVIDFWRU\WRWKHGHSDUWPHQW UHFRQVWUXFWHGRUDVVHPEOHG,IWKHWLWOHDQG
registration records of the department already
(f) Unless the department adopts rules to indicate that a vehicle is a replica or is spe-
the contrary, if the vehicle is from another cially constructed, reconstructed or assembled,
jurisdiction, the applicant shall surrender to disclosure under this subsection is not required
the department with the application the certif- unless the vehicle has been changed since title
icate of title issued by the other jurisdiction, if IRUWKHYHKLFOHZDVODVWWUDQVIHUUHG
VXFKMXULVGLFWLRQUHTXLUHVFHUWLÀFDWHVRIWLWOH,I
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
DVWKHRZQHURIWKHYHKLFOH
J ,I UHTXLUHG E\ WKH GHSDUWPHQW WKH
applicant must submit proof of ownership as (g) Any other information required by the
GHVFULEHGXQGHU256 GHSDUWPHQW
(h) Other than a racing activity vehicle as (2) Notwithstanding subsection (1) of this
GHÀQHGLQ256LIWKHGHSDUWPHQWKDV section, the department may accept an applica-
UHDVRQWREHOLHYHDYHKLFOHZDVQRWFHUWLÀHG tion that does not contain everything required
by the original manufacturer as conforming E\WKLVVHFWLRQLIWKHGHSDUWPHQWLVVDWLVÀHG
to federal vehicle standards, the department DVWRWKHRZQHUVKLSRIWKHYHKLFOH>F
may require the applicant to provide proof sat- FFF
isfactory to the department that the vehicle FDFDF
FRQIRUPVWRIHGHUDOYHKLFOHVWDQGDUGV FFF
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(i) Unless the vehicle is exempted from
odometer disclosure requirements, the appli- 803.055 Delivery of evidence of title;
cant shall submit an appropriate odometer rules. :KHQDFHUWLÀFDWHRIWLWOHLVLVVXHGE\
GLVFORVXUHIRUP7KHGHSDUWPHQWVKDOOGHWHU- this state, the Department of Transportation
mine what constitutes an appropriate form in VKDOOGHOLYHUWKHFHUWLÀFDWHDVIROORZVXQOHVV
DQ\SDUWLFXODUVLWXDWLRQ7KHGHSDUWPHQWPD\ RWKHUZLVHSURYLGHGE\ODZ
make exceptions by rule to the requirement for (a) To the security interest holder with the
VXEPLVVLRQRIDQRGRPHWHUGLVFORVXUHIRUP KLJKHVWSULRULW\
(2)(a) The department may not issue title E,IWKHUHDUHQRVHFXULW\LQWHUHVWKROGHUV
IRUDYHKLFOH WRWKHOHVVRU
$5HTXLUHGE\256WREHLQVSHFWHG F,IWKHUHDUHQRVHFXULW\LQWHUHVWKROGHUV
unless the vehicle has been inspected as RUOHVVRUVWRWKHRZQHURIWKHYHKLFOH
GHVFULEHGLQ256DQGWKHLQVSHFWLRQ
IHHSDLGXQGHU256 :KHQDVDOYDJHWLWOHFHUWLÀFDWHLVLVVXHG
by this state, the department shall deliver the
%,IWKHFXUUHQWYHKLFOHWLWOHFHUWLÀFDWHRU FHUWLÀFDWHWRWKHRZQHURIWKHYHKLFOH
ownership document is a junk title, junk certif-
icate or similar ownership document issued by (3) The department may determine by rule
another jurisdiction, or has a junk or similar whether, when, how and to whom titles issued
EUDQGRUQRWDWLRQ LQDIRUPRWKHUWKDQDFHUWLÀFDWHVKDOOEHGHOLY-
HUHG>FF
(b) The department may adopt any rules it FF@
considers necessary for the administration of
WKLVVXEVHFWLRQ>FF 803.060 Renewal. A title does not require a
FFF renewal and is valid until one of the following
FFF RFFXUV
FFF (1) The vehicle is destroyed, dismantled or
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803.050 Application; contents. (1) An (2) Any interest reflected on the title
application for title required under ORS FKDQJHV>FF
VKDOOEHLQDIRUPVSHFLÀHGE\WKH F@
803.065 Duplicate or replacement cer- (2) The offense described in this section,
WLÀFDWHIHHDSSOLFDWLRQUXOHV(1) The false statement on title or transfer of vehicle,
Department of Transportation may issue a LVD&ODVV$PLVGHPHDQRU>F
GXSOLFDWHRUUHSODFHPHQWFHUWLÀFDWHRIWLWOH FFF
ZKHQDOORIWKHIROORZLQJRFFXU F@
D7KHGHSDUWPHQWLVVDWLVÀHGDVWRWKHORVV 803.075 False swearing prohibited; pen-
PXWLODWLRQRUGHVWUXFWLRQRIDFHUWLÀFDWHRIWLWOH alty. (1) A person commits the offense of false
RUVDOYDJHWLWOHFHUWLÀFDWH swearing relating to titling of vehicles if the
(b) The fee for issuance of a duplicate or SHUVRQNQRZLQJO\PDNHVDQ\IDOVHDIÀGDYLW
UHSODFHPHQWFHUWLÀFDWHRIWLWOHRUIRUDVDOYDJH RUNQRZLQJO\VZHDUVRUDIÀUPVIDOVHO\WRDQ\
WLWOHFHUWLÀFDWHHVWDEOLVKHGXQGHU256 matter or thing relating to the titling of vehi-
LVSDLG FOHVXQGHUWKHYHKLFOHFRGH)RUSXUSRVHVRI
WKLVVHFWLRQ´WLWOLQJRIYHKLFOHVµLQFOXGHVEXWLV
(2) The department may accept an appli- not necessarily limited to, matters and things
cation for a duplicate or replacement title related to salvage titles for vehicles issued by
FHUWLÀFDWHDWWKHWLPHRIDQ\WUDQVIHURIDYHKL- WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
FOHXQGHU2567KHIROORZLQJDSSO\WR
WKLVVXEVHFWLRQ (2) Penalties relating to submitting a false
odometer reading relating to the titling of
(a) The department shall only accept the a vehicle shall be as provided under ORS
application if, at the time of transfer, the title
FHUWLÀFDWHLVORVWPXWLODWHGRUGHVWUR\HG
(3) The offense described in this section,
(b) When the department accepts an appli- false swearing relating to titling of vehicles,
cation, the department may accept proof of LVD&ODVV$PLVGHPHDQRU>F
WUDQVIHURWKHUWKDQWKHFHUWLÀFDWHRIWLWOHRU FFF
PD\DFFHSWDFHUWLÀFDWHRIWLWOHWKDWKDVQRW FF@
been completed along with other proof of trans-
fer for purposes of transferring a vehicle under 803.080 Unlawfully publishing certif-
2567KHGHSDUWPHQWPD\DFFHSWDQ\ icate of title forms prohibited; penalty.
proof of transfer under this paragraph that (1) A person commits the offense of unlawfully
establishes to the satisfaction of the depart- SXEOLVKLQJFHUWLÀFDWHRIWLWOHIRUPVLIWKHSHUVRQ
ment that the vehicle has been transferred produces in any way, or causes to be produced,
including, but not limited to, statements of without the authority of the Department of
release of interest, bills of sale, assignments Transportation, facsimiles of the blank forms
RILQWHUHVWRURWKHUVLPLODUSURRI XSRQZKLFKWKHGHSDUWPHQWLVVXHVFHUWLÀFDWHV
RIWLWOHRUVDOYDJHWLWOHFHUWLÀFDWHV
F,IDQDSSOLFDWLRQLVPDGHXQGHUWKLVVXE-
section, the fee for duplicate or replacement (2) The offense described in this section,
WLWOHFHUWLÀFDWHXQGHU256VKDOOEH XQODZIXOO\SXEOLVKLQJFHUWLÀFDWHRIWLWOHIRUPV
paid in addition to the transfer fee under ORS LVD&ODVV&IHORQ\>FF
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(d) The department may include the form 803.085 Selling untitled vehicle pro-
for application under this subsection as part of hibited; penalty. (1) A person commits the
the form for transfer of a vehicle or may make offense of selling an untitled vehicle if the
WKHIRUPVVHSDUDWHDVWKHGHSDUWPHQWÀQGV person sells a vehicle without complying with
FRQYHQLHQW WKHUHTXLUHPHQWVXQGHU256DQG
WRREWDLQDWLWOHIRUWKHYHKLFOHRUWKH
(e) The department is not required by this UHTXLUHPHQWVRI256WRREWDLQDVDO-
subsection to issue a duplicate or replacement YDJHWLWOHIRUWKHYHKLFOHDVDSSURSULDWH
title before transfer, but may withhold issuance
of title until new title is issued upon completion (2) The offense described in this section,
RIWUDQVIHU selling an untitled vehicle, is a Class A misde-
PHDQRU>FF
(f) The department may adopt rules to estab- FF@
lish procedures and requirements for effecting
DWUDQVIHUXQGHU256ZKHQDSSOLFD- (Fees)
tion is made under this subsection at the same
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FFF@ issuance. The following fees are the fees for
WKHWUDQVDFWLRQGHVFULEHG
(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 LVWUDWLRQXQGHU256DQGPRWRU
transfer of vehicle if the person knowingly vehicles with a gross vehicle weight rating
makes any false statement of a material fact RYHUSRXQGVH[FOXGLQJPRWRUKRPHV
in an application for title to a vehicle, in an
application for salvage title for a vehicle or in
DQ\DVVLJQPHQWRIWLWOHWRDYHKLFOH (c) For vehicles other than vehicles for which
the title fee is described in paragraph (b) of this
VXEVHFWLRQ
application for duplicate or replacement title holder if the estate is not being probated and
DQGWUDQVIHURIWLWOH title is not being transferred under the provi-
(d) Submit an odometer disclosure contain- VLRQVRI256LQWHUHVWPD\EHDVVLJQHG
ing information required by the department for WKURXJKWKHXVHRIDQDIÀGDYLW7KHDIÀGDYLW
WKHNLQGRIWUDQVDFWLRQLQYROYHG shall be on a form prescribed by the depart-
ment and signed by all of the known heirs of
H6XEPLWDQ\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
WRWKHWHUPLQVHFWLRQDRIWKH,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 F,QWKHFDVHRIDWUDQVIHUDWGHDWKRIWKH
of either a group of loans secured by vehicles, interest of the owner, lessor or security inter-
leases of vehicles or both or a participation or est holder where transfer occurs under the
other interest in the group of loans; SURYLVLRQVRI256WKH´DIÀDQWµDV
GHÀQHGLQ256LVWKHSHUVRQUHTXLUHG
(B) The creation of asset-backed securities WRDVVLJQLQWHUHVW7KHGHSDUWPHQWPD\GHVLJ-
or other securing of assets involving the loans QDWHE\UXOHWKHDIÀDQWRUDQ\RWKHUSHUVRQWR
or leases; or complete any odometer disclosure statement
(C) Any similar transaction involving the UHTXLUHGXQGHU256
ORDQVRUOHDVHV>FF (d) Upon the termination of a lease, in lieu
FFF of the lessee releasing interest, the lessor may
FFF provide information satisfactory to the depart-
FFF@ PHQWWKDWWKHOHDVHKDVEHHQWHUPLQDWHG7KH
803.094 Release or assignment of lessor shall provide an odometer disclosure
title interest; rules; when and by whom VWDWHPHQWLIUHTXLUHGXQGHU256
required; exceptions. ([FHSWDVRWKHU- ,IWKHOHVVRUGRHVQRWWDNHSRVVHVVLRQRIWKH
wise provided in this section, upon the transfer vehicle upon termination of the lease, the infor-
of any interest shown on an Oregon title any mation in the odometer disclosure given by the
person whose interest is released, terminated, lessor may be taken from an odometer disclo-
assigned or transferred, shall release or assign sure given by the lessee to the lessor under
WKDWLQWHUHVWLQDPDQQHUVSHFLÀHGE\WKH 256XQOHVVWKHOHVVRUKDVUHDVRQWR
'HSDUWPHQWRI7UDQVSRUWDWLRQE\UXOH5XOHV believe that the disclosure by the lessee does
adopted for purposes of this subsection shall QRWUHÁHFWWKHDFWXDOPLOHDJHRIWKHYHKLFOH
be designed, as much as possible, to protect (e) A security interest holder or lessor,
WKHLQWHUHVWVRIDOOSDUWLHVWRWKHWUDQVIHU without the consent of the owner, may assign
,IUHTXLUHGXQGHU256WKHSHUVRQ interest of the holder or lessor in a vehicle to
shall also complete an odometer disclosure a person other than the owner without affect-
VWDWHPHQW ing the interest of the owner or the validity
(2) Notwithstanding subsection (1) of this RUSULRULW\RIWKHLQWHUHVW$SHUVRQQRWJLYHQ
VHFWLRQ notice of such assignment is protected in deal-
ing with the security interest holder or lessor
D,QWKHFDVHRIDWUDQVIHUE\RSHUDWLRQRI as the holder of the interest until the assignee
law of any interest shown on an Oregon title, ÀOHVLQDFFRUGDQFHZLWK256FKDSWHU7KLV
the personal representative, receiver, trustee, paragraph does not exempt such assignments
sheriff or other representative or successor IURPWLWOHWUDQVIHUUHTXLUHPHQWV
in interest of the person whose interest is
transferred shall release or assign interest (3) Nothing in this section requires the
and if required by the department by rule, release or assignment of title upon the cre-
DV SURYLGHG XQGHU 256 FRPSOHWH ation or termination of a leasehold interest
an odometer disclosure statement and shall for a vehicle that is proportionally registered
SURYLGHWKHFHUWLÀFDWHLIDQ\DQGGLVFORVXUH XQGHU256RULIWKHGHSDUW-
VWDWHPHQWLIUHTXLUHGWRWKHWUDQVIHUHH7KH ment is furnished with satisfactory proof of
representative or successor shall also provide WKHOHDVHIRUVXFKYHKLFOH
the transferee with information satisfactory to (4) The department by rule may allow odom-
the department concerning all facts entitling eter disclosure statements to be on a form other
such representative or successor to transfer WKDQWKHFHUWLÀFDWHRIWLWOH
WLWOH,IWKHUHLVQRSHUVRQWRDVVLJQLQWHUHVW
the person to whom interest is awarded or oth- (5) Persons subject to the provisions of this
erwise transferred shall be responsible for the section shall provide to the transferee a title
UHTXLUHPHQWVRIWKLVSDUDJUDSK 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
is required, the transferee shall provide a (4) The security interest remains effective
signed disclosure to the transferor in a form until released or terminated by the secured
GHWHUPLQHGE\WKHGHSDUWPHQWE\UXOH> SDUW\
FFF (5) A security interest in a vehicle may not
FFF@ be perfected as described under this section
803.095>FF but is subject to the perfection provisions under
FFF 256FKDSWHULI
FFF (a) The debtor who granted the security
UHSHDOHGE\F@ interest is in the business of selling vehicles
803.097 Perfection of security interest and the vehicle constitutes inventory held for
in vehicle; rules. ([FHSWDVSURYLGHGLQ sale or lease; or
subsection (5) of this section, the exclusive (b) The vehicle is exempt from titling
means for perfecting a security interest in UHTXLUHPHQWVXQGHU256>F
a vehicle is by application for notation of the FFF
security interest on the title in accordance with FDF
WKLVVHFWLRQ7KHDSSOLFDWLRQPD\DFFRPSDQ\ F@
the application for a title or may be made sep-
arately at any time prior to issuance of title 803.098 Certain transactions that do
and must be accompanied by evidence of not create security interest. Notwithstand-
RZQHUVKLSDVGHÀQHGE\WKH'HSDUWPHQWRI ing any other provision of law, in the case of
Transportation by rule unless the department motor vehicles or trailers, a transaction does
is in possession of evidence of ownership when not create a sale or security interest merely
LWUHFHLYHVWKHDSSOLFDWLRQ,IWLWOHWRWKHYHKLFOH because it provides that the rental price is
KDVEHHQLVVXHGLQDIRUPRWKHUWKDQDFHUWLÀ- permitted or required to be adjusted under
FDWHDQGWKHWLWOHUHÁHFWVDVHFXULW\LQWHUHVW the agreement either upward or downward by
the application for perfection shall include reference to the amount realized upon sale or
authorization from the previous security inter- RWKHUGLVSRVLWLRQRIWKHPRWRUYHKLFOHRUWUDLOHU
est holder for the new security interest to be >F@
UHFRUGHGRQWKHWLWOH$XWKRUL]DWLRQXQGHUWKLV 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 D,ISHUIHFWLRQRIDVHFXULW\LQWHUHVWLQD
the title in conjunction with the cancellation vehicle occurs on or before 30 days after attach-
of previous title or other action the depart- ment of the security interest, the secured party
ment takes to correct ownership information takes priority over the rights of a transferee in
UHÁHFWHGRQDWLWOHRU bulk or a lien creditor that arise between the
time the secured party’s interest attaches and
(c) Title is being transferred by operation of WKHWLPHRISHUIHFWLRQRIWKHVHFXULW\LQWHUHVW
ODZ
(b) This subsection applies to any security
(2) When the department processes an appli- interest in a vehicle that is not a purchase
cation for a security interest the department PRQH\VHFXULW\LQWHUHVW>F
shall mark on the application or otherwise indi- FFF
cate on the record the date the application was FFF
ÀUVWUHFHLYHGE\WKHGHSDUWPHQW7KHGHSDUW- @
ment shall determine by rule what constitutes
receipt of an application for purposes of this 803.102 Odometer disclosure statement
VXEVHFWLRQ upon transfer of interest; when required;
rules. $VXVHGLQWKLVVHFWLRQ
,I WKH GHSDUWPHQW KDV WKH HYLGHQFH
required by subsection (1) of this section and D´7UDQVIHUHHµPHDQVDQ\SHUVRQWRZKRP
if the application contains the name of each ownership of a motor vehicle is transferred by
owner of the vehicle, the name and address purchase, gift or any other means other than
RIWKHVHFXUHGSDUW\DQGWKHYHKLFOHLGHQWLÀ- by creation of a security interest and any
cation number of the collateral, the security person who, as an agent, signs an odometer
interest is perfected as of the date marked on GLVFORVXUHVWDWHPHQWIRUWKHWUDQVIHUHH
the application or indicated in the record by the E ´7UDQVIHURUµ PHDQV DQ\ SHUVRQ ZKR
GHSDUWPHQW,IWKHDSSOLFDWLRQGRHVQRWFRQWDLQ transfers ownership of a motor vehicle by sale,
the information required by this subsection, or gift or any means other than by creation of a
if the department does not have the required security interest and any person who, as an
evidence, the department shall indicate on agent, signs an odometer disclosure statement
the application or on the record that the date IRUWKHWUDQVIHURU
placed on the application or the record pursu-
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
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 shown as the owner on an out-of-state title for
by rule; the vehicle applies for an Oregon title in that
SHUVRQ·VQDPH
(b) Contains any information the depart-
ment requires by rule as necessary to establish (a) A rental truck, rental truck tractor or
ownership of the vehicle or to determine any rental trailer that is registered in Oregon
security interests in the vehicle; and under an interstate agreement that provides
WKDWDSRUWLRQRIWKHRZQHU·VÁHHWLVWREHUHJLV-
F,VYHULÀHGE\WKHSHUVRQPDNLQJWKH WHUHGLQHDFKVWDWHLQZKLFKWKHÁHHWRSHUDWHV
DIÀGDYLW
(b) A trailer or semitrailer that has perma-
(3) The department is not liable to any QHQWUHJLVWUDWLRQ>FF
person for issuing title or registering a vehicle FFF
EDVHGRQSURRISURYLGHGXQGHUWKLVVHFWLRQ FFF
(4) Nothing in this section affects any power FF@
of the department to refuse to issue or to revoke ,QVSHFWLRQRIYHKLFOHLGHQWLÀ-
WLWOHRUUHJLVWUDWLRQ>F FDWLRQQXPEHUVSURGXFWLGHQWLÀFDWLRQ
FFF numbers. (1) The Department of Transpor-
F@ tation, or persons or agencies authorized to do
803.207 Expedited titling and reg- so by the department, shall conduct a physical
istration; fee. (1) The Department of LQVSHFWLRQRIWKHYHKLFOHLGHQWLÀFDWLRQQXPEHU
Transportation by rule may establish proce- or numbers of each vehicle located in this state
dures for providing expedited services related DQGUHTXLUHGE\256WREHLQVSHFWHG
to the titling and registration of vehicles when 7KHGHSDUWPHQWPD\GHVLJQDWHFHUWLÀHGGHDO-
such services are needed because of problems ers to perform the inspection and may enter
UHODWHGWRRGRPHWHUGLVFORVXUHUHTXLUHPHQWV into agreements with the Oregon State Police
This authority is in addition to the depart- or other law enforcement agencies of this state
ment’s authority to provide expedited services WRSHUIRUPLQVSHFWLRQV7KHLQVSHFWLRQVKDOO
IRURWKHUUHDVRQVRQDQLQGLYLGXDOFDVHEDVLV GHWHUPLQHZKHWKHUWKHYHKLFOHLGHQWLÀFDWLRQ
number or numbers match those on the records
(2) The department may charge a fee of not of the department, on the title or primary own-
more than $10 for providing expedited services ership record or contained in other information
DXWKRUL]HGE\WKLVVHFWLRQ>F@ UHFHLYHGE\WKHGHSDUWPHQW
803.210 Conditions precedent to issu- ,I D YHKLFOH WKDW LV UHTXLUHG E\ 256
ance of title for certain vehicles. (1) The WREHLQVSHFWHGLVORFDWHGLQDQRWKHU
Department of Transportation shall not issue jurisdiction, the department may designate a
title for a vehicle described in subsection (2) person or agency in such jurisdiction to per-
RIWKLVVHFWLRQXQOHVV form the physical inspection and may waive
D$QLQVSHFWLRQRIWKHYHKLFOHLGHQWLÀFDWLRQ WKHLQVSHFWLRQIHH
number or numbers of the vehicle is performed ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
LQDFFRUGDQFHZLWK256DQG this section, the department shall check the
E7KHIHHHVWDEOLVKHGXQGHU256 YHKLFOHLGHQWLÀFDWLRQQXPEHURUQXPEHUVRI
LVSDLGWRWKHGHSDUWPHQWIRUWKHLQVSHFWLRQ DOOYHKLFOHVUHTXLUHGE\256WREH
inspected against those listed as stolen at
([FHSWDVSURYLGHGLQVXEVHFWLRQRI 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$Q\YHKLFOHLIWKHFHUWLÀFDWHRIWLWOHKDV law enforcement agency; and
been or is required to be submitted to the
department, or a person is required to report to (b) Shall not issue title within 30 days of
WKHGHSDUWPHQWXQGHU256 giving the notice required by paragraph (a)
RU of this subsection unless the department is
QRWLÀHGEHIRUHWKHHQGRIWKHGD\VWKDWWKH
(d) Any vehicle if the department has YHKLFOHLVQRWVWROHQ$IWHUWKHSDVVDJHRIWKH
received notice that the vehicle has been or 30-day period, the department may issue the
will be wrecked, dismantled, disassembled or WLWOH
VXEVWDQWLDOO\DOWHUHGXQGHU256RU
(4) The department may refer a vehicle to
the Oregon State Police or other appropriate
H5HSOLFDV 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
IRUPLQJWRIHGHUDOYHKLFOHVWDQGDUGV QXPEHURUSURGXFWLGHQWLÀFDWLRQQXPEHURQ
(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>FF ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
FFFD OLVKHGXQGHU256
FFF
FF@ (4) The offense described in this section, fail-
XUHWRUHJLVWHUDYHKLFOHLVD&ODVV'WUDIÀF
803.225 Failure to designate replica, YLRODWLRQ>FF
reconstructed, assembled or specially FF@
constructed vehicle in title or registra-
tion application; penalty. (1) A person 803.305 Exemptions from general
commits the offense of failure to designate a registration requirements. This section
replica or a reconstructed, assembled or spe- establishes exemptions from the requirements
cially constructed vehicle if the person makes XQGHU2567KHH[HPSWLRQVXQGHU
application for the titling or registration of a this section are in addition to any exemptions
vehicle that is a replica or a reconstructed, XQGHU2569HKLFOHVH[HPSWHGE\
assembled or specially constructed vehicle and this section from the requirements to be reg-
WKDWIDFWLVQRWLQGLFDWHGLQWKHDSSOLFDWLRQ istered by this state are not prohibited from
being registered by this state if registration is
(2) The offense described in this section, SHUPLWWHGXQGHU2567KHIROORZLQJ
failure to designate a replica, reconstructed, are exempt, either partially or completely as
assembled or specially constructed vehicle in described, from the registration requirements
application for title or registration, is a Class XQGHU256
%PLVGHPHDQRU>FF
FF@ (1) Road rollers, farm tractors, trolleys and
WUDFWLRQHQJLQHVDUHH[HPSWIURPUHJLVWUDWLRQ
803.230 Forging, altering or unlawfully
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 (4) A vehicle is exempt from registration if it
issued by the department knowing the certif- LVQRWRSHUDWHGRQWKHKLJKZD\VRIWKLVVWDWH
LFDWHRUDVVLJQPHQWKDVEHHQDOWHUHGRUIRUJHG (5) A trailer is exempt from registration if
(c) Unless authorized by the department, it is equipped with pneumatic tires made of
prints or produces or causes to be printed or elastic material and is not operated in this
SURGXFHGDQ\FHUWLÀFDWHRIWLWOHFHUWLÀFDWH state with a loaded weight of more than 1,800
of registration or any assignment thereof SRXQGV$WUDLOHUIRUKLUHWUDYHOWUDLOHURU
UHTXLUHGE\WKHGHSDUWPHQW 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\>FF LQJSXEOLFÀUHSURWHFWLRQDQGZKHHOFKDLUVDUH
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(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
ending of registration periods for the vehicle (b) Vehicles of special interest registered
unless the Department of Transportation XQGHU256
adjusts the registration month of the vehicle (c) Trailers that will be operated on the high-
XSRQLQLWLDOUHJLVWUDWLRQXQGHU256 ways at a loaded weight of more than 8,000
(2) The day on which any vehicle is ini- SRXQGVDQGDUHQRWWUDYHOWUDLOHUVÀ[HGORDG
tially registered under biennial registration YHKLFOHVRUVSHFLDOXVHWUDLOHUV
RUZKHQUHTXLUHGXQGHU256LVWKH (2) Government-owned vehicles regis-
day established as the beginning and ending WHUHG XQGHU 256 KDYH RZQHUVKLS
of registration periods for the vehicle unless UHJLVWUDWLRQ
the department adjusts the registration period
of the vehicle upon initial registration under (3) The following vehicles may be registered
256>FF@ under annual or quarterly registration unless
the vehicles are registered under proportional
803.410 Department authorized to UHJLVWUDWLRQXQGHU256RUSURSRU-
adjust periods and fees; rules. The WLRQDOÁHHWUHJLVWUDWLRQXQGHU256
Department of Transportation is empowered
WRDGPLQLVWHU256DQGUHODW- (a) Vehicles required to establish a registra-
ing to the registration periods of vehicles and WLRQZHLJKWXQGHU256
to adopt and enforce rules, including rules for E&RPPHUFLDOEXVHV
the adjustment or proration of fees and regis-
tration periods, necessary to accomplish the (c) Vehicles registered as farm vehicles
HQIRUFHPHQWRIWKRVHVHFWLRQV7KHDXWKRULW\ XQGHU256
granted the department under this section is (4) Snowmobiles are registered as provided
VXEMHFWWRWKHIROORZLQJ LQ256
(1) The department may initially register a (5) Vehicles operated by dealers who hold
vehicle that is subject to biennial registration FHUWLÀFDWHVXQGHU256DUHDVSURYLGHG
for less than a 24-month period or for more XQGHU256
than a 24-month period, not exceeding a max-
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- ([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF-
tration period of travel trailers and special use tion (10) of this section, the registration period
trailers that are required to be registered after for electric vehicles and hybrid vehicles that
being removed from assessment under the ad use electricity and another source of motive
YDORUHPWD[ODZVE\256 power is a biennial registration period except
(4) The department, by rule, may adjust that the registration period for the following
registration fees or registration periods for a electric or hybrid vehicles is an annual regis-
vehicle, as is administratively convenient for WUDWLRQSHULRG
WKHGHSDUWPHQWLI D&RPPHUFLDOEXVHV
(a) The vehicle is changed from one type of E(OHFWULFRUK\EULGYHKLFOHVUHJLVWHUHGDV
registration to another type; or IDUPYHKLFOHVXQGHU256
(b) Any other change relating to the regis- (c) Vehicles required to establish registra-
tration of the vehicle is made where it would be WLRQZHLJKWXQGHU256
administratively convenient for the department
WRPDNHVXFKDGMXVWPHQWV>F 9HKLFOHVUHJLVWHUHGXQGHU256
FFF KDYHDQRZQHUVKLSUHJLVWUDWLRQSHULRG
FF@ (9) School vehicles registered under ORS
803.415 Registration periods for vehi- KDYHRZQHUVKLSUHJLVWUDWLRQH[FHSW
cles. This section establishes registration that the registration shall continue to be valid
SHULRGVIRUYHKLFOHV7KHUHJLVWUDWLRQSHULRGV if ownership of the vehicle is transferred to a
DUHSHULRGVGHVFULEHGXQGHU256 person who continues to use the vehicle for
([FHSWDVSURYLGHGLQWKHIROORZLQJWKHUHJ- SXUSRVHVDXWKRUL]HGE\256
istration period for any vehicle registered in (10) The following vehicles have a four-year
this state by the Department of Transportation UHJLVWUDWLRQSHULRG
LVDELHQQLDOUHJLVWUDWLRQSHULRG
(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;
(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
DIRUZKLFKQHZUHJLVWUDWLRQSODWHV 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-
XQGHU256RUDIRUZKLFKQHZ WUDWLRQSHULRG
registration plates will be issued if the com- (3) Motorcycles, $24 for each year of the
SDQ\RZQVWKHYHKLFOHWKDWLVEHLQJUHJLVWHUHG UHJLVWUDWLRQSHULRG
The subsequent renewal or reregistration peri-
RGVIRUWKHYHKLFOHDUHELHQQLDO>F (4) Government-owned vehicles registered
FFF XQGHU256
FFF (5) State-owned vehicles registered under
FFF 256RQUHJLVWUDWLRQRUUHQHZDO
FFF
FFF 8QGHUFRYHUYHKLFOHVUHJLVWHUHGXQGHU
FFF 256RQUHJLVWUDWLRQRUUHQHZDO
@ (7) Antique vehicles registered under ORS
803.417 Registration period for Oregon
National Guard member or military (8) Vehicles of special interest registered
reservist. 1RWZLWKVWDQGLQJ256 XQGHU256
DQGWKHUHJLVWUDWLRQRIDYHKLFOHUHJLV-
tered in the name of a person who is a member (OHFWULFYHKLFOHVDQGK\EULGYHKLFOHVWKDW
of the Oregon National Guard or a military use electricity and another source of motive
reservist ordered on active duty and deployed SRZHUDVIROORZV
to a location outside the United States that (a) The registration fee for an electric or
expires while the person is on active duty shall hybrid vehicle not otherwise described in this
remain valid for 90 days following the termi- subsection is $43 for each year of the registra-
QDWLRQRIDFWLYHGXW\ WLRQSHULRG
(2) The court shall dismiss the charge of (b) The registration fee for electric or hybrid
failure to renew vehicle registration under YHKLFOHVWKDWKDYHWZRRUWKUHHZKHHOVLV
256 LI ZKHQ FKDUJHG D PHPEHU This paragraph does not apply to electric or
of the Oregon National Guard or a military K\EULGPRSHGV(OHFWULFRUK\EULGPRSHGVDUH
reservist had a valid registration for the vehi- subject to the same registration fee as other-
FOHSXUVXDQWWRVXEVHFWLRQRIWKLVVHFWLRQ ZLVHSURYLGHGIRUPRSHGVXQGHUWKLVVHFWLRQ
>F@
(c) The registration fees for the following
NoteZDVDGGHGWRDQGPDGHDSDUW electric or hybrid vehicles are the same as for
of the Oregon Vehicle Code by legislative action comparable nonelectric vehicles described in
but was not added to ORS chapter 803 or any WKLVVHFWLRQSOXVSHUFHQWRIVXFKIHH
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
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
256DQGWKHIHHVKDOO 12,001 to 14,000 438
(1) For vehicles required to establish a (d) Any vehicle registered under the propor-
UHJLVWUDWLRQZHLJKWXQGHU256WKH WLRQDOUHJLVWUDWLRQSURYLVLRQVRI256
declaration shall contain the registration RU
ZHLJKW (2) The offense described in this section,
(2) For buses, the declaration shall contain failure to submit a declaration of weight, is
the unloaded weight of the vehicle plus the D&ODVV'WUDIÀFYLRODWLRQ>F
unloaded weight of any bus trailer to be used FFF@
LQFRPELQDWLRQZLWKWKHYHKLFOH7KHGHFODUD- 803.445 Authority of counties and dis-
tion shall also indicate the number of persons, tricts to impose registration fees; rules;
including the driver, to be carried in the vehi- maximum amount. (1) The governing body
cle, plus the number of persons to be carried of a county may impose registration fees for
on any bus trailer to be used in combination YHKLFOHVDVSURYLGHGLQ256
ZLWKWKHYHKLFOH)RUSXUSRVHVRIGHWHUPLQLQJ
the fee for registration of the vehicle under (2) The governing body of a district may
256WKH'HSDUWPHQWRI7UDQVSRUWD- impose registration fees for vehicles as pro-
tion shall determine the weight of the vehicle YLGHGLQ256
by adding the unloaded weight of the vehicle, (3) The Department of Transportation shall
plus the unloaded weight of any bus trailer to provide by rule for the administration of laws
be used in combination with the vehicle, to a authorizing county and district registration
weight determined by multiplying the maxi- IHHVDQGIRUWKHFROOHFWLRQRIWKRVHIHHV
mum seating capacity of the vehicle plus the
maximum seating capacity of any bus trailer to (4) Any registration fee imposed under this
be used in combination with the vehicle, includ- section shall be imposed in a manner consis-
ing the driver’s seat but excluding emergency WHQWZLWK256
seats, times 170 pounds, if the vehicle has a (5) No county or district may impose a vehi-
separate compartment for transporting bag- cle registration fee that would by itself, or in
gage or express, or 150 pounds, if the vehicle combination with any other vehicle registra-
has no separate compartment for transporting tion fee imposed under this section, exceed the
EDJJDJHRUH[SUHVV,IWKHYHKLFOHKDVDVHDWLQJ 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 256>F@
necessary for making the vehicle self-propelled
including front bumpers, fenders, windshield, (Renewal)
tire carrier and spare wheel, and including
WKHÀ[HGRUSHUPDQHQWORDGRIWKHYHKLFOHEXW 803.450 Notice of pending expiration;
H[FOXGLQJWKHVSDUHWLUH exceptions; effect of failure to receive;
records. (1) The Department of Transpor-
(4) For tow vehicles that are used to trans- tation shall notify the registered owner of a
port property for hire other than as described vehicle registered by this state of the approach-
LQ256WKHGHFODUDWLRQVKDOOFRQWDLQ LQJH[SLUDWLRQRIWKHYHKLFOH·VUHJLVWUDWLRQ7KH
the combined weight at which the vehicle will notice required by this subsection shall comply
EHXVHGWRWUDQVSRUWSURSHUW\IRUKLUH ZLWKDOORIWKHIROORZLQJ
(5) For all vehicles not otherwise provided (a) The notice shall be mailed to the owner of
for by this section and for which a declaration the vehicle at the address shown in department
is prepared or required, the declaration shall UHFRUGV
FRQWDLQWKHUHJLVWUDWLRQZHLJKWRIWKHYHKLFOH
>FFF (b) The notice shall be mailed a reasonable
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FF@ (2) The department shall not be required
803.440 Failure to submit declaration to notify the registered owner of an approach-
of weight; penalty. (1) A person commits the ing expiration if the department has reason to
offense of failure to submit a declaration of EHOLHYH
weight if the person does not submit a dec- (a) The vehicle has been sold, wrecked or
laration of weight for a vehicle described in stolen;
this subsection when the person applies for (b) The registered owner is ineligible to
registration of the vehicle or has the vehicle renew the registration;
registered in the person’s name and the vehicle
KDVEHHQDOWHUHGRUUHFRQVWUXFWHG7KLVVHFWLRQ (c) There is a dispute with regard to the title
DSSOLHVWRWKHIROORZLQJYHKLFOHV of the vehicle; or
(a) Any vehicle required to establish regis- (d) The registered owner failed to notify the
WUDWLRQZHLJKWXQGHU256 department of a change of address as required
E\256
E$Q\FRPPHUFLDOEXV
(3) Failure to receive notice of expiration
(c) Any vehicle registered as a farm vehicle from the department is not a defense to a
XQGHU256
(c) The plates must be in plain view and so (2) of this section or that is illegally displayed
DVWREHUHDGHDVLO\E\WKHSXEOLF DVGHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(d) The plate must not be any plate that does (2) A registration plate is illegally altered
not entitle the holder thereof to operate the for purposes of this section if the plate has
YHKLFOHXSRQWKHKLJKZD\V EHHQDOWHUHGPRGLÀHGFRYHUHGRUREVFXUHGLQ
(2) A person is not in violation of this section any manner including, but not limited to, the
if the person is operating a vehicle or camper IROORZLQJ
under and in accordance with the requirements D$Q\FKDQJHRIWKHFRORUFRQÀJXUDWLRQ
IRUDQ\RIWKHIROORZLQJ QXPEHUVOHWWHUVRUPDWHULDORIWKHSODWH
(a) A temporary application permit issued (b) Any material or covering, other than a
XQGHU256 frame or plate holder, placed on, over or in front
(b) An agent temporary registration permit of the plate that alters the appearance of the
LVVXHGXQGHU256 SODWH
(c) Provisions established under ORS (c) Any frame or plate holder that obscures
RUIRUWKHGLVSOD\ the numbers, letters or registration stickers,
of registration plates or other evidence of reg- VRDVWRUHQGHUWKHPXQUHDGDEOH
istration on vehicles that are proportionally (3) A registration plate is illegally displayed
UHJLVWHUHGXQGHU256RU IRUSXUSRVHVRIWKLVVHFWLRQLIWKHSODWH
(3) The offense described in this section, D,VGLVSOD\HGRQDYHKLFOHRWKHUWKDQWKH
failure to display registration plates, is a Class vehicle for which the plate was issued; or
'WUDIÀFYLRODWLRQ>FF (b) Displays registration stickers that con-
FF@ tain an expiration date that is different from
803.545 Failure to display out-of-state the expiration date shown upon the vehicle
plates; penalty. (1) A person commits the registration records of the Department of
offense of failure to display plates on an out- 7UDQVSRUWDWLRQ
of-state vehicle if the person operates a vehicle (4) Subsection (2) of this section does not
that is registered in any jurisdiction other than DSSO\WRWKHIROORZLQJ
this state and the person does not display the
registration plates assigned to and furnished (a) Any placement of registration stickers
IRUWKHYHKLFOHE\WKHUHJLVWHULQJMXULVGLFWLRQ GHVFULEHGXQGHU256
(a) For the current registration period in E$Q\SXEOLFRIÀFLDOZKRGLVSOD\VRUSHU-
that jurisdiction; and forms any alteration of a registration plate in
WKHFRXUVHRIRIÀFLDOGXWLHV
(b) Substantially as provided under ORS
IRUYHKLFOHVWKDWDUHUHJLVWHUHGE\WKLV (c) Any special interest registration plate
VWDWH DSSURYHGXQGHU256
(2) This section does not allow the display (5) Subsection (3)(a) of this section does not
of out-of-state registration plates on a vehicle apply to a vehicle dealer authorized to use and
when the vehicle is required to be registered operate vehicles displaying the dealer’s plates
LQWKLVVWDWHE\256 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
FF@ 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 sticker that is lost, destroyed or mutilated in
a manner described in subsection (2) of this DPDQQHUWKDWUHQGHUVLOOHJLEOHDQ\LGHQWLÀ-
VHFWLRQ FDWLRQRIWKHVWLFNHU7RUHSODFHDUHJLVWUDWLRQ
sticker under this section, the owner must
(b) Causes a registration plate to be illegally apply to the Department of Transportation for
displayed as described in subsection (3) of this a replacement of the damaged or lost sticker in
VHFWLRQ a form prescribed by the department and pay
(c) Operates any vehicle that is displaying a the replacement sticker fee established under
registration plate that is illegally altered in a 2567KHDSSOLFDWLRQPXVWVWDWHWKH
manner described in subsection (2) of this sec- facts of the damage, destruction or loss of the
tion or that is illegally displayed as described VWLFNHUV7KHVWLFNHUVLVVXHGXQGHUWKLVVHFWLRQ
LQVXEVHFWLRQRIWKLVVHFWLRQ are valid only for the period of the stickers
UHSODFHG3URYLVLRQIRUUHSODFHPHQWRIUHJLVWUD-
(d) Owns and causes or permits a vehicle WLRQSODWHVLVPDGHXQGHU256>
to display a registration plate that is illegally FFF
altered in a manner described in subsection FF@
(3) The department shall establish the fees vehicle, the vehicle must have been registered
XQGHUWKLVVHFWLRQEDVHGRQFRVW>F in this state and the vehicle must be one of the
@ IROORZLQJ
803.580 [1983 c.338 §220; repealed by (a) A motor truck with a registration weight
1987 c.750 §12] RIPRUHWKDQSRXQGV
803.585 Registration fees as substi- (b) A truck tractor with a registration weight
tute for taxes on vehicles; exemptions. RIPRUHWKDQSRXQGV
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHFWLRQ F$WUDYHOWUDLOHURUFDPSHU>F
RU256RUWKHUHJLVWUDWLRQ FFF
fees under the vehicle code are in lieu of all FFF
other taxes and licenses, except municipal FF@
license fees under regulatory ordinances, to
which such vehicles or the owners thereof may
EHVXEMHFW)L[HGORDGYHKLFOHVDUHQRWH[HPSW VEHICLE PERMITS
IURPDGYDORUHPWD[DWLRQE\WKLVVHFWLRQ
803.600 Trip permits; authority
(2) Travel trailers subject to registration and granted; types; records; rules; when not
titling under the vehicle code are not subject to required. A trip permit grants authority to
DGYDORUHPWD[DWLRQEXWPD\EHUHFODVVLÀHG temporarily operate a vehicle on the highways
as manufactured structures and made subject of this state under circumstances where the
WRWD[DWLRQDVSURYLGHGLQ256> operation would not otherwise be legal because
FFFK the vehicle is not registered by this state or
F@ because provisions relating to the vehicle’s
UHJLVWUDWLRQGRQRWDOORZWKHRSHUDWLRQ7KH
(Miscellaneous) Department of Transportation shall provide
803.590 Disposition of plates and for the issuance of trip permits in a manner
refund of fees when certain vehicles are FRQVLVWHQWZLWKWKLVVHFWLRQ$OORIWKHIROORZLQJ
destroyed or withdrawn from service. DSSO\WRSHUPLWVLVVXHGXQGHUWKLVVHFWLRQ
(1) The owner of a vehicle described in this (1) The department shall issue the following
subsection shall be permitted to transfer the types of trip permits to authorize the described
registration plates from the vehicle to a like type of operation and, except as provided in
vehicle to be similarly used if the vehicle is subsection (2) of this section, may not issue
destroyed or permanently withdrawn from WULSSHUPLWVIRUDQ\RWKHUSXUSRVH
service within this state and if the registra-
WLRQIHHIRUWKHYHKLFOHZDVPRUHWKDQ (a) A heavy motor vehicle trip permit may
To make a transfer of registration under this be issued for a motor vehicle with a combined
section, the owner of the vehicle shall pay the weight or loaded weight of more than 8,000
Department of Transportation a registration SRXQGVRUWKDWLVDÀ[HGORDGPRWRUYHKLFOHDQG
WUDQVIHUIHHHVWDEOLVKHGXQGHU256 WKDWLVQRWUHJLVWHUHGLQWKLVVWDWH$SHUPLW
ÀOHDVWDWHPHQWLQGLFDWLQJWKHZLWKGUDZDORU described in this paragraph is valid for 10 con-
destruction with the department and surrender VHFXWLYHGD\V
DQ\UHJLVWUDWLRQFDUGLVVXHGIRUWKHYHKLFOH,I (b) A heavy trailer trip permit may be
the weight in the declaration of weight of the issued for a trailer that will be operated on
vehicle receiving the transferred registration the highways at a loaded weight of more than
exceeds that of the vehicle destroyed or with- SRXQGVRUWKDWLVDÀ[HGORDGYHKLFOH
drawn, the owner must pay registration fees on and that is not registered to allow operation
WKHLQFUHDVHGZHLJKW7KLVVXEVHFWLRQDSSOLHV RIWKHYHKLFOHLQWKLVVWDWH$SHUPLWGHVFULEHG
WRWKHIROORZLQJYHKLFOHV in this paragraph is valid for 10 consecutive
(a) Motor trucks with a registration weight GD\V7KLVSDUDJUDSKGRHVQRWDSSO\WRWUDYHO
RIPRUHWKDQSRXQGV WUDLOHUV
(b) Truck tractors with a registration weight (c) A light vehicle trip permit may be issued
RIPRUHWKDQSRXQGV for a vehicle with a combined weight or loaded
weight of less than 8,001 pounds that is not a
F&RPPHUFLDOEXVHV À[HGORDGYHKLFOHDQGWKDWLVQRWUHJLVWHUHGWR
,IDYHKLFOHGHVFULEHGXQGHUWKLVVXE- DOORZRSHUDWLRQRIWKHYHKLFOHLQWKLVVWDWH3HU-
section is destroyed accidentally so as to be mits described in this paragraph may be issued
incapable of further operation, the person IRUDSHULRGRIFRQVHFXWLYHGD\V7KHGHSDUW-
in whose name the vehicle is registered is ment may not issue more than two permits
entitled to a refund of that portion of the fee under this paragraph in a 12-month period for
applicable to the then unexpired portion of the any one vehicle unless all registered owners
UHJLVWUDWLRQSHULRG$Q\UHJLVWUDWLRQFDUGDQG RIWKHYHKLFOHDUHUHSODFHGE\QHZRZQHUV,I
registration plates issued for the vehicle must there is a complete change in ownership of the
be surrendered to the department for cancel- vehicle, as shown by the registration records
lation when application for refund is made for the vehicle, a new owner may receive per-
XQGHUWKLVVHFWLRQ&ODLPVIRUUHIXQGVXQGHU mits for the vehicle under this paragraph as if
WKLVVHFWLRQVKDOOEHÀOHGDQGSDLGDVSURYLGHG QRSHUPLWVKDGEHHQLVVXHGIRUWKHYHKLFOH7KLV
IRUUHIXQGVXQGHU2567RTXDOLI\IRU paragraph does not apply to campers, travel
a refund under this section, a registration fee trailers or motor homes, which are eligible for
in excess of $10 must have been paid for the
recreational vehicle trip permits under para- (a) Any carrier regulated by the department
JUDSKGRIWKLVVXEVHFWLRQ shall maintain records of heavy motor vehicle
(d) A recreational vehicle trip permit may and heavy trailer trip permits and registration
be issued for a period of up to 10 consecutive weight trip permits issued to the carrier as
days for a camper, travel trailer or motor home UHTXLUHGE\WKHGHSDUWPHQWE\UXOH
that is not registered for operation in this (b) Requirements for the department to
VWDWH$SHUVRQEX\LQJDUHFUHDWLRQDOYHKLFOH maintain records concerning trip permits are
trip permit must show proof satisfactory to HVWDEOLVKHGXQGHU256
the Department of Transportation that the (4) An owner or operator of a vehicle may
person is the owner of the camper, travel trailer REWDLQDWULSSHUPLW7KHIHHVIRULVVXDQFH
or motor home for which the permit will be of trip permits are as provided under ORS
JUDQWHG$SHUVRQPD\QRWUHFHLYHUHFUHDWLRQDO
vehicle trip permits authorizing more than 10
GD\VRIRSHUDWLRQLQDQ\PRQWKSHULRG$ (5) The department shall make the trip per-
person who applies for a recreational vehicle PLWVDYDLODEOHWRDOOÀHOGRIÀFHVDQGDJHQWV
trip permit must certify that the person has maintained by the department and may make
not been granted permits that together, and arrangements for the issuance of the permits
including the permit applied for, exceed the E\GHVLJQDWHGLQGLYLGXDOVÀUPVRUDVVRFL-
maximum number of days of operation allowed ations for the convenience of the motoring
E\WKLVSDUDJUDSK SXEOLF7KLVVXEVHFWLRQGRHVQRWUHTXLUHWKH
department to make trip permits described
(e) A registration weight trip permit may be in subsection (2) of this section available to
issued for a vehicle that is registered in this anyone other than persons with vehicle dealer
state, to allow the vehicle to be operated with a FHUWLÀFDWHVRUWRZLQJEXVLQHVVFHUWLÀFDWHV
greater combined weight or loaded weight than
is permitted by the registration weight estab- 7KHGHSDUWPHQWPD\DOVRVHOOKHDY\
lished for the vehicle or at a greater combined motor vehicle, heavy trailer and registration
weight or loaded weight than is otherwise weight trip permits in advance of issuance to
permitted under the registration for the vehi- contractors, transportation companies and
cle if the vehicle is not required to establish other users for issuance to their own vehicles
DUHJLVWUDWLRQZHLJKW$SHUPLWLVVXHGXQGHU RUYHKLFOHVXQGHUWKHLUFRQWURO
this paragraph does not authorize movements (7) The department shall adopt rules for the
or operations for which a variance permit is LVVXDQFHVDOHDQGFRQWURORIWULSSHUPLWV
UHTXLUHGXQGHU256$SHUPLWLVVXHG
under this paragraph shall show the maximum (8) Trip permits are not required for the
registration weight allowed for operation under operation of unregistered vehicles where such
WKHSHUPLW$SHUPLWLVVXHGXQGHUWKLVSDUD- RSHUDWLRQLVSHUPLWWHGDVIROORZV
JUDSKLVYDOLGIRUFRQVHFXWLYHGD\V (a) By vehicle dealers as permitted under
(f) A registered vehicle trip permit may be 256
issued for a vehicle that is registered in this (b) By vehicle transporters as permitted
state to allow the vehicle to operate under con- XQGHU256
ditions or in ways not permitted by the terms of
WKHYHKLFOHUHJLVWUDWLRQ7KHGHSDUWPHQWVKDOO (c) By towing businesses as permitted under
determine by rule the kinds of operation for 256
which permits may be issued under this para- (9) Trip permits are not required for the
JUDSK$SHUPLWLVVXHGXQGHUWKLVSDUDJUDSK operation of unregistered vehicles where such
LVYDOLGIRUFRQVHFXWLYHGD\V RSHUDWLRQLVSHUPLWWHGXQGHU256
(2) The department shall allow a person (10) Unregistered vehicles that are oper-
LVVXHGDYHKLFOHGHDOHUFHUWLÀFDWHXQGHU256 ated without a trip permit are subject to the
RUDWRZLQJEXVLQHVVFHUWLÀFDWHXQGHU prohibitions and penalties for operation of
256WRLVVXHDGD\WULSSHUPLWWR XQUHJLVWHUHGYHKLFOHVXQGHU256RU
a person who buys a motor vehicle from the DVDSSURSULDWH
SHUVRQZLWKWKHFHUWLÀFDWHLIWKHUHJLVWUDWLRQ
stickers are removed in accordance with ORS (11) A trip permit may be issued to a school
7KHIROORZLQJDSSO\WRWULSSHUPLWV YHKLFOHUHJLVWHUHGXQGHU256IRUXVH
LVVXHGXQGHUWKLVVXEVHFWLRQ of the vehicle for purposes not permitted under
256>FF
(a) A permit issued under this subsection FFF
allows operation of the motor vehicle in this FFF
VWDWHIRUWKHSXUSRVHRIUHJLVWHULQJWKHYHKLFOH FFF
(b) A permit issued under this subsection is FFF
YDOLGIRUDSHULRGRIFRQVHFXWLYHGD\V F@
F$SHUVRQZLWKDYHKLFOHGHDOHUFHUWLÀFDWH 803.601 Disposition of fees collected
RUDWRZLQJEXVLQHVVFHUWLÀFDWHPD\QRWLVVXH for certain permits. Fees collected by the
more than two permits under this subsection Department of Transportation for recreational
IRUWKHVDPHPRWRUYHKLFOH YHKLFOHWULSSHUPLWVGHVFULEHGLQ256
shall be transferred to the State Parks and Rec-
(3) The following requirements for records reation Department Fund established by ORS
are established concerning permits issued DQGDUHFRQWLQXRXVO\DSSURSULDWHGWR
XQGHUWKLVVHFWLRQ
the State Parks and Recreation Department for in a form determined by the department to
WKHSXUSRVHVVSHFLÀHGLQ256> an applicant for registration to permit the
FF@ applicant to operate the vehicle while the
Note ZDV HQDFWHG LQWR ODZ E\ department is determining all facts relative
the Legislative Assembly but was not added to the right of the applicant to receive title,
to or made a part of ORS chapter 803 or any regular registration plates and regular regis-
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- WUDWLRQ>FF
ace to Oregon Revised Statutes for further FFF@
H[SODQDWLRQ 803.620>FF
803.602 Statement of insurance cover- UHSHDOHGE\F@
age for certain trip permits. An applicant 803.625 Temporary registration per-
for a light vehicle trip permit, a recreational mits issued by dealers; rules. (1) The holder
vehicle trip permit for a motor vehicle or a trip RIDFXUUHQWYDOLGYHKLFOHGHDOHUFHUWLÀFDWH
SHUPLWLVVXHGXQGHU256PXVW LVVXHGXQGHU256PD\LVVXHWHPSR-
submit, at the time of application, a statement rary permits for the operation of vehicles or the
indicating that the vehicle that will be operated transporting of a camper pending the receipt of
under the permit is covered by an insurance SHUPDQHQWUHJLVWUDWLRQIURPWKHGHSDUWPHQW
policy that meets the requirements of ORS (2) Forms for temporary permits issued
DQGZLOOFRQWLQXHWREHFRYHUHGE\WKH under this section shall be furnished and,
SROLF\IRUDVORQJDVWKHSHUPLWLVYDOLG7KH VXEMHFWWR256SUHVFULEHGE\WKH
statement shall include the name of the insurer GHSDUWPHQW
DQGWKHSROLF\QXPEHU7KH'HSDUWPHQWRI
Transportation or, if the permit is issued under (3) The department shall specify, by rule, the
256WKHSHUVRQZLWKWKHYHKLFOH procedures to be followed by persons issuing
GHDOHUFHUWLÀFDWHRUWRZLQJEXVLQHVVFHUWLÀFDWH and using temporary permits issued under this
shall refuse to issue a permit to a person who VHFWLRQ3HUVRQVYLRODWLQJUXOHVHVWDEOLVKHG
does not submit the statement required by this by the department under this subsection are
VHFWLRQ>FF VXEMHFWWRSHQDOW\XQGHU256DQG
FF@ >FF
FF@
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 803 by legislative action but 803.630 Agent violation of temporary
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ registration permit procedures; penalty.
See Preface to Oregon Revised Statutes for (1) A person commits the offense of agent
IXUWKHUH[SODQDWLRQ violation of temporary registration permit
procedures if the person is authorized to issue
803.605 Erroneous issuance of trip temporary registration permits under ORS
permit; refund of fee. When the Department DQGWKHSHUVRQYLRODWHVDQ\UXOHV
of Transportation determines that it has erro- adopted by the Department of Transporta-
neously issued a trip permit to a person who tion concerning the procedures for issuing the
did not require the permit, the department SHUPLWV
may refund to the person any fee the person
SDLGIRUWKHSHUPLW>F@ (2) The offense described in this section,
agent violation of temporary registration
Note ZDV HQDFWHG LQWR ODZ E\ SHUPLWSURFHGXUHVLVD&ODVV%WUDIÀFYLROD-
the Legislative Assembly but was not added WLRQ>F@
to or made a part of ORS chapter 803 or any
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- 803.635 Improper use of temporary
ace to Oregon Revised Statutes for further registration permit; penalty. (1) A person
H[SODQDWLRQ commits the offense of improper use of tem-
porary registration permit if the person is
803.610 Reciprocity permits. A reci- issued a temporary registration permit under
procity permit is a vehicle permit that may be 256DQGWKHSHUVRQGRHVDQ\RIWKH
issued to identify vehicles operating under a IROORZLQJ
reciprocal agreement established under ORS
:KHQUHTXLUHGE\DQDJUHHPHQWWKH (a) Violates any rule adopted by the Depart-
Department of Transportation shall provide for PHQWRI7UDQVSRUWDWLRQXQGHU256
the issuance of reciprocity permits as autho- FRQFHUQLQJWKHXVHRIWKHSHUPLW
UL]HGE\WKHDJUHHPHQW$OORIWKHIROORZLQJ (b) Fails to keep the permit on and upon the
apply to the issuance of permits under this vehicle during the period until the receipt of
VHFWLRQ WKHSHUPDQHQWUHJLVWUDWLRQSODWHV
(1) The issuance of permits shall comply (c) Fails to remove the permit from the
ZLWKWKHDJUHHPHQWDXWKRUL]LQJWKHLULVVXDQFH vehicle upon receipt of permanent registration
(2) Permits may be used to identify vehicles SODWHV
entitled to operate within the areas described (2) The offense described in this section,
LQDQDJUHHPHQW>FF improper use of temporary registration permit,
@ LVD&ODVV'WUDIÀFYLRODWLRQ>F
803.615 Temporary permit for reg- F@
istration applicant. The Department of
Transportation may issue a temporary permit
Chapter 805
(',7,21
SPECIAL REGISTRATION PROVISIONS
$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
805.045 Regular registration for certain provided to a school for purposes described in
state-owned vehicles. (1) The Department WKLVVXEVHFWLRQ
of Transportation may issue registration (2) The following vehicles may not be regis-
plates or other evidence of registration from WHUHGXQGHUWKLVVHFWLRQ
any regular series rather than from any spe-
cially designed government series for a vehicle (a) A vehicle subject to regulation under ORS
owned or operated by any state department or FKDSWHU
institution if approval is granted under ORS (b) A vehicle regulated by a city under ORS
7KHUHJLVWUDWLRQSHULRGIRUDYHKLFOH
described under this section shall be the same
as the regular registration period for the type ([FHSWDVRWKHUZLVHSURYLGHGE\WKLV
RIYHKLFOHUHJLVWHUHG7KHIHHIRUUHJLVWUDWLRQRU section, vehicles registered under this section
renewal of registration of a vehicle under this are subject to the same requirements and pro-
section shall be the fee established under ORS YLVLRQVIRUUHJLVWUDWLRQDVDUHRWKHUYHKLFOHV
IRUUHJLVWUDWLRQRUUHQHZDORIDVWDWH The following requirements and provisions are
RZQHGYHKLFOHUHJLVWHUHGXQGHU256 different from those otherwise provided for
UHJLVWUDWLRQ
(2) Any vehicle registered under this sec-
WLRQDQGQRWH[HPSWHGXQGHU256 (a) The registration period for vehicles
PXVWPHHWWKHUHTXLUHPHQWVIRUFHUWLÀFDWLRQ subject to this section shall be an ownership
of compliance with pollution control under ORS registration period as described under ORS
>FF@ H[FHSWWKDWWKHUHJLVWUDWLRQFRQWLQ-
ues valid if the ownership of the vehicle is
805.047 Regular registration for coun- transferred to another who continues to use
ty-owned vehicles. (1) Upon request of any the vehicle for purposes allowed under the
county, the Department of Transportation may UHJLVWUDWLRQ
issue registration plates or other evidence of
registration from any regular series rather (b) The fee for registration of the vehicles
than from any specially designed government shall be the fee for registration of school vehi-
series for a vehicle owned or operated by the FOHVHVWDEOLVKHGXQGHU256DQGQR
FRXQW\7KHUHJLVWUDWLRQSHULRGIRUDYHKLFOH RWKHUUHJLVWUDWLRQIHHVKDOOEHUHTXLUHG
described under this section shall be the same (c) Any vehicle registered under this section
as the regular registration period for the type DQGQRWH[HPSWHGXQGHU256VKDOO
RIYHKLFOHUHJLVWHUHG7KHIHHIRUUHJLVWUDWLRQ PHHW WKH UHTXLUHPHQWV IRU FHUWLÀFDWLRQ RI
or renewal of registration of a vehicle under compliance with pollution control under ORS
this section shall be the fee established under
256RU
(4) The department shall suspend or revoke
(2) Any vehicle registered under this sec- registration under this section if the depart-
WLRQDQGQRWH[HPSWHGXQGHU256 PHQWGHWHUPLQHVWKDW
PXVWPHHWWKHUHTXLUHPHQWVIRUFHUWLÀFDWLRQ
of compliance with pollution control under ORS (a) A vehicle registered under this section
>F@ is being used for purposes other than those
UHTXLUHGIRUTXDOLÀFDWLRQIRUUHJLVWUDWLRQXQGHU
805.050 School buses and school activ- this section, and a trip permit as provided
ity vehicles; exceptions. (1) The Department XQGHU256KDVQRWEHHQREWDLQHG
of Transportation shall provide for registration
of vehicles that qualify under this section in (b) The vehicle does not comply with require-
DPDQQHUWKDWLVFRQVLVWHQWZLWKWKLVVHFWLRQ PHQWVXQGHU256WR>
$YHKLFOHTXDOLÀHVIRUUHJLVWUDWLRQXQGHUWKLV FFF@
section if the vehicle meets the following qual- 805.060 Law enforcement undercover
LÀFDWLRQVDQGLVQRWDYHKLFOHWKDWLVGHVFULEHG vehicles. (1) The Department of Transpor-
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ tation may issue registration plates or other
D7KHYHKLFOHPXVWEHDPRWRUYHKLFOH evidence of registration from any regular
series rather than from any specially designed
E([FHSWDVSURYLGHGXQGHU256 government series for a vehicle operated by
the vehicle must be used exclusively in trans- DIHGHUDOVWDWHFRXQW\FLW\RU,QGLDQWULEDO
porting students to or from any school or law enforcement, parole or probation agency in
authorized school activity or function, includ- discharging its undercover criminal investiga-
ing extracurricular activities, and to or from WLRQGXWLHVLIUHTXHVWHGWRGRVRE\WKHDJHQF\
SRLQWVGHVLJQDWHGE\DVFKRRO The registration period for a vehicle described
(c) The vehicle must meet the requirements under this section shall be the same as the reg-
IRUVFKRROEXVHVXQGHU256WR ular registration period for the type of vehicle
RUDFWLYLW\YHKLFOHVXQGHU256DQG UHJLVWHUHG7KHIHHIRUUHJLVWUDWLRQRUUHQHZDO
of registration of a vehicle under this section
shall be the fee established for registration or
(d) The vehicle may be owned, operated or renewal of police undercover vehicles under
leased by the state, a city or county or any 256
other political subdivision or otherwise pro-
vided to such government body for purposes (2) Any vehicle registered under this sec-
described in this subsection or may be pri- tion and not exempt from the requirements
vately or otherwise owned and leased by or WRFRPSO\ZLWKFHUWLÀFDWHVRIFRPSOLDQFHIRU
SROOXWLRQFRQWUROHTXLSPHQWE\256
sets of veterans’ recognition registration plates (c) The department shall not register any
in any one year, the department shall cease commercial vehicle under this section or any
production of veterans’ recognition registra- motor vehicle with a loaded weight in excess
WLRQSODWHV)RUWKHSXUSRVHVRIWKLVVHFWLRQ RISRXQGV
veterans’ recognition registration plates that (2) A person is a former prisoner of war who
name, describe or represent a veterans’ group TXDOLÀHVIRUUHJLVWUDWLRQRIDYHKLFOHXQGHU
are included in the total number of veterans’ this section if the person, while serving in
UHFRJQLWLRQUHJLVWUDWLRQSODWHVLVVXHG the active military, naval or air service of the
(5) For the purposes of this section, “sib- United States or any of its Allies, was forcibly
OLQJµLQFOXGHVVLEOLQJVRIWKHZKROHRUKDOIEORRG GHWDLQHGRULQWHUQHGLQOLQHRIGXW\
and siblings by adoption, marriage or domestic (a) By an enemy government or its agents,
SDUWQHUVKLS>FF@ or a hostile force, during a period of war; or
805.106 Funding for veterans’ recogni- (b) By a foreign government or its agents,
tion plate costs. (1) The Director of Veterans’ or a hostile force during a period other than a
Affairs shall pay to the Department of Trans- period of war in which such person was held
portation all of the department’s anticipated under circumstances which the department
costs of issuance of the veterans’ recognition ÀQGVWRKDYHEHHQFRPSDUDEOHWRWKHFLUFXP-
registration plate from grants, donations and stances under which persons have generally
gifts accepted by the Department of Veter- been forcibly detained or interned by enemy
DQV·$IIDLUVXQGHU256WKDWPD\EH JRYHUQPHQWVGXULQJSHULRGVRIZDU
expended for the purpose of issuance of a vet-
HUDQV·UHFRJQLWLRQUHJLVWUDWLRQSODWH (3) The surviving spouse of a former pris-
oner of war who was issued registration under
,IDYHWHUDQV·JURXSUHTXHVWVLVVXDQFH this section may, upon the death of the former
of a veterans’ recognition registration plate prisoner of war, continue to use the registration
XQGHU256WKHJURXSVKDOOSD\WR plates on a motor vehicle or may keep the plates
the department all of the department’s antic- DVDPHPHQWR
ipated costs of issuing a veterans’ recognition
registration plate that names, describes or (4) The department may suspend or revoke
UHSUHVHQWVWKHJURXS7KHGHSDUWPHQWPD\ any registration issued under this section if
not begin creating or issuing the plates until the department determines that the vehicle is
WKHDQWLFLSDWHGFRVWVDUHSDLG)RUSXUSRVHVRI RZQHGE\DSHUVRQQRWTXDOLÀHGIRUUHJLVWUDWLRQ
this section, costs of issuing a veterans’ recog- under this section or the vehicle is a kind not
nition registration plate that names, describes TXDOLÀHGIRUUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
or represents a veterans’ group include, but are >FFF
not limited to, computer programming costs FFF@
DQGYHQGRUVHWXSIHHV>F 805.115 Active members of Oregon
F@ National Guard. ,QWKHDEVHQFHRIMXVW
NoteZDVHQDFWHGLQWRODZE\WKH cause for refusal, the Department of Trans-
Legislative Assembly but was not added to or portation shall provide for registration in a
made a part of the Oregon Vehicle Code or any manner consistent with this section for persons
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ who qualify under this section as active mem-
See Preface to Oregon Revised Statutes for EHUVRIWKH2UHJRQ1DWLRQDO*XDUG7KHVSHFLDO
IXUWKHUH[SODQDWLRQ registration provisions under this section are
VXEMHFWWRWKHIROORZLQJ
805.107 Disposition of certain plates
issued to veterans. The surviving spouse of (a) The fee to register or renew registration
a veteran who was issued registration plates under this section shall be the regular regis-
XQGHU256PD\XSRQWKHGHDWKRIWKH WUDWLRQIHHIRUWKHYHKLFOH
veteran, continue to use the plates on a motor (b) Any motor vehicle registered under ORS
YHKLFOHRUPD\NHHSWKHSODWHVDVDPHPHQWR DQGFDQGGPD\EHUHJLV-
>)RUPHUO\@ WHUHGXQGHUWKLVVHFWLRQ
805.110 Former prisoners of war. (1) (2) A person is eligible for registration under
,QWKHDEVHQFHRIMXVWFDXVHIRUUHIXVDOWKH WKLVVHFWLRQLIWKHSHUVRQLVLVVXHGDFHUWLÀFDWH
Department of Transportation shall provide for by the Oregon Military Department certify-
registration of any motor vehicle required to ing that the person is an active member of the
be registered by this state in a manner consis- 2UHJRQ1DWLRQDO*XDUG
tent with this section for persons who qualify
DVIRUPHUSULVRQHUVRIZDUXQGHUWKLVVHFWLRQ (3) The department may suspend, revoke or
The special registration provisions under this refuse to renew any registration issued under
VHFWLRQDUHVXEMHFWWRDOORIWKHIROORZLQJ this section if the department determines that
WKHYHKLFOHLVRZQHGE\DSHUVRQQRWTXDOLÀHG
(a) The fee to register or renew registration for registration under this section or that the
under this section shall be the regular regis- vehicle is not eligible for registration under
WUDWLRQIHHIRUWKHYHKLFOH WKLVVHFWLRQ
(b) The department shall not register a (4) The Oregon Military Department shall
motor vehicle under this section if another notify the Department of Transportation
vehicle owned by the applicant or a member of ZLWKLQGD\VLIDSHUVRQLVVXHGDFHUWLÀ-
the applicant’s household has been registered cate described in subsection (2) of this section
XQGHUWKLVVHFWLRQ
ceases to be an active member of the Oregon prohibitions and penalties applicable to sim-
1DWLRQDO*XDUG>FF 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 D7KHUHJLVWHUHGRZQHURIWKHÁHHWPXVW
appointed by a foreign country as an honorary maintain the number of vehicles registered
FRQVXODURIÀFHUWRWKH8QLWHG6WDWHVSXUVX- LQWKHÁHHWWKDWWKH'HSDUWPHQWRI7UDQVSRU-
ant to the Vienna Convention on Consular tation determines by rule to be required for
5HODWLRQV SDUWLFLSDWLRQLQWKHÁHHWUHJLVWUDWLRQSURJUDP
(2) Upon application by an honorary consul E)OHHWUHJLVWUDWLRQRUUHQHZDORIÁHHWUHJ-
ZKRTXDOLÀHVXQGHUWKLVVHFWLRQWKH'HSDUW- istration under this section may be annual or
ment of Transportation shall issue consular biennial registration as determined by the
corps registration plates for use on the motor GHSDUWPHQWE\UXOH
YHKLFOHRIWKHKRQRUDU\FRQVXO5HJLVWUDWLRQ
plates issued under this section may be dis- (c) The registration of individual vehicles in
played on the vehicle of the honorary consul in DÁHHWUHJLVWHUHGXQGHUWKLVVHFWLRQGRHVQRW
lieu of regular registration plates issued under H[SLUHDVORQJDVWKHÁHHWUHJLVWUDWLRQLVYDOLG
WKHYHKLFOHFRGH (d) The department shall assign identi-
(3) The following apply to registration plates ÀFDWLRQ WR WKH ÁHHW DQG XSRQ SD\PHQW RI
LVVXHGXQGHUWKLVVHFWLRQ appropriate fees, shall issue to the regis-
WHUHGRZQHURIWKHÁHHWSHUPDQHQWÁHHWWDJV
(a) The plates shall be considered custom- VWLFNHUV SODWHV RU RWKHU LGHQWLÀFDWLRQ WKH
ized plates for purposes of the fee in ORS department determines appropriate for the
vehicles that the owner and the department
E7KHSODWHVVKDOOEHDVVLJQHGWRDVSHFLÀF KDYHDJUHHGWRSODFHLQWKHÁHHW7KHGHSDUW-
YHKLFOH ment may establish the use of any appropriate
(c) The plates may not be transferable from IRUPRILGHQWLÀFDWLRQXQGHUWKLVSDUDJUDSKDV
vehicle to vehicle, except as provided by the the department determines convenient for its
GHSDUWPHQWE\UXOH RZQRSHUDWLRQ
(d) The plates shall be valid for the term (e) The tags, stickers, plates or other appro-
LQZKLFKWKHSHUVRQLVDFWLQJLQWKHRIÀFLDO SULDWHLGHQWLÀFDWLRQLVVXHGXQGHUWKLVVHFWLRQ
capacity of honorary consul for a foreign con- shall be displayed on any vehicle to which it
VXODWH,IWKHWHUPRIKRQRUDU\FRQVXOFRQWLQXHV KDVEHHQDVVLJQHGE\WKHGHSDUWPHQW
into a new registration period, the department (f) Registration cards issued by the depart-
may provide for validation of the plates for the ment for vehicles registered under this section
subsequent term by means of a sticker or by are only required to individually describe the
any other means the department determines YHKLFOHVLQWKHÁHHWWRWKHH[WHQWWKHGHSDUW-
FRQYHQLHQW ment determines necessary and to identify the
(e) The person to whom the plates are issued ÁHHWLQZKLFKWKHYHKLFOHVDUHUHJLVWHUHG
PD\UHWDLQWKHSODWHVDIWHUWKHRIÀFLDOWHUP (g) Application for registration under this
of honorary consul is over, but the plates may section shall be in the manner determined by
not be valid if displayed on any vehicle when WKHGHSDUWPHQWE\UXOH
the term of honorary consul has ended and the K7KHÁHHWRZQHUVKDOOPDLQWDLQUHFRUGV
person is no longer appointed as an honorary and provide information to the department as
FRQVXO required by the department by rule and shall
(4) To qualify for consular corps registration allow the department to audit the records of
plates, the person must provide the depart- the owner and conduct inspections at any rea-
ment with proof that the person is appointed sonable time to determine compliance with
by a government as an honorary consul and is UHTXLUHPHQWVIRUÁHHWUHJLVWUDWLRQ
DFWLQJLQWKDWFDSDFLW\ L9HKLFOHVVKDOOEHDGGHGWRWKHÁHHWDQG
(5) The department shall adopt rules neces- WUDQVIHUUHGIURPWKHÁHHWDFFRUGLQJWRSURFH-
VDU\WRFDUU\RXWWKHSXUSRVHVRIWKLVVHFWLRQ GXUHVHVWDEOLVKHGE\WKHGHSDUWPHQWE\UXOH
>F@ M7KHYHKLFOHVLQWKHÁHHWVKDOOEHPDUNHG
in compliance with any requirement for vehicle
FLEETS markings the department determines neces-
VDU\IRULGHQWLÀFDWLRQRIÁHHWYHKLFOHV
(IIHFW RI ÁHHW UHJLVWUDWLRQ
requirements; rules. 7KHRZQHURIDÁHHW (k) The department may adjust fee payments
of vehicles may register the vehicles under this and registration periods for individual vehicles
VHFWLRQDVDÁHHWLQOLHXRIUHJLVWHULQJWKHYHKL- DGGHGWRDÁHHWUHJLVWHUHGXQGHUWKLVVHFWLRQ
FOHVLQGLYLGXDOO\ 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
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 VHFWLRQRIWKLVVHFWLRQHDFKJURXSWKDW
department may cease to issue plates for any is found by the department to be eligible for
SDUWLFXODUJURXS plates issued under this section may desig-
(b) Require each group for which plates are nate an account into which the net proceeds
LVVXHGWRÀOHDQDQQXDOVWDWHPHQWRQDIRUP of the surcharge collected by the department
designed by the department showing that the under subsection (2) of this section are to be
JURXSLVDQRQSURÀWJURXSRULVDQLQVWLWX- GHSRVLWHG7KHGHSDUWPHQWVKDOONHHSDFFXUDWH
tion of higher education and that the group records of the number of plates issued for each
RULQVWLWXWLRQRWKHUZLVHPHHWVWKHTXDOLÀFD- JURXSWKDWTXDOLÀHV$IWHUSD\PHQWRIDGPLQ-
tions imposed for eligibility for plates issued istrative expenses of the department, moneys
XQGHUWKLVVHFWLRQ7KHVWDWHPHQWVKDOOLQFOXGH collected under this section for each group
names and addresses of current directors or shall be deposited by the department into an
RIÀFHUVRIWKHJURXSRULQVWLWXWLRQRURIRWKHU DFFRXQWVSHFLÀHGE\WKDWJURXS,IDQ\JURXS
persons authorized to speak for the group or does not specify an account for the moneys col-
institution on matters affecting plates issued lected from the sale of plates issued under this
XQGHUWKLVVHFWLRQ section, the department shall deposit moneys
collected for those plates into the Passenger
D([FHSWDVRWKHUZLVHSURYLGHGLQSDUD- Rail Transportation Account established under
graphs (b) and (c) of this subsection, in addition 256WREHXVHGDVRWKHUPRQH\VLQWKH
to any other fee authorized by law, upon issu- DFFRXQWDUHXVHG'HSRVLWVXQGHUWKLVVXEVHF-
ance of a plate under this section and upon WLRQVKDOOEHPDGHDWOHDVWTXDUWHUO\
renewal of registration for a vehicle that has
plates issued under this section, the depart- D(DFKLQVWLWXWLRQRIKLJKHUHGXFDWLRQ
ment shall collect a surcharge for each year that requests a plate under this section shall
RIWKHUHJLVWUDWLRQSHULRG7KHVXUFKDUJHVKDOO designate an account in the general fund of the
be determined by the department by rule and institution, and the proceeds in the account
PD\QRWEHOHVVWKDQSHUSODWHRUPRUH shall be used for the purpose of academic
WKDQSHUSODWH,QVHWWLQJWKHDPRXQWRI HQULFKPHQWDWWKHLQVWLWXWLRQ
the surcharge, the department shall consult (b) Net proceeds of the surcharge collected
ZLWKWKHQRQSURÀWJURXSIRUZKLFKWKHSODWHV by the department for Share the Road registra-
DUHLVVXHG tion plates shall be deposited into two accounts
E,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG designated by the Bicycle Transportation
by law, upon issuance of a plate under this $OOLDQFHDQG&\FOH2UHJRQ7KHGHSDUWPHQW
section that recognizes an institution of higher shall evenly distribute the net proceeds to each
education in this state, and upon renewal of DFFRXQW'HSRVLWVXQGHUWKLVSDUDJUDSKVKDOO
registration for a vehicle that has such plates, EHPDGHDWOHDVWTXDUWHUO\$WDQ\WLPHWKDW
the department shall collect a surcharge of the department determines that the accounts
$8 per plate for each year of the registration designated by the Bicycle Transportation
SHULRG Alliance and Cycle Oregon cease to exist, the
department may deposit the proceeds into the
F,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG Passenger Rail Transportation Account estab-
by law, upon issuance of a Share the Road reg- OLVKHGXQGHU256
istration plate the department shall collect a
VXUFKDUJHRISHU\HDURIUHJLVWUDWLRQ (c) Net proceeds of the surcharge collected
E\WKHGHSDUWPHQWIRU.HHS.LGV6DIHUHJ-
(3) Plates issued under this section shall be istration plates shall be deposited into an
from the current regular issue of plates except account designated by the Children’s Trust
WKDW Fund of Oregon Foundation to fund strat-
D,IWKHJURXSUHTXHVWLQJWKHSODWHVLV egies and approaches shown to prevent or
an institution of higher education, the plates UHGXFHFKLOGDEXVH'HSRVLWVPDGHXQGHUWKLV
shall, upon request, contain words that indi- SDUDJUDSKVKDOOEHPDGHDWOHDVWTXDUWHUO\
cate the plates are issued to recognize the At any time that the department determines
institution or shall contain the institution’s that the account designated by the Children’s
logo or an image of the institution’s mascot; or Trust Fund of Oregon Foundation ceases to
exist, the department shall deposit the pro-
E,IWKHJURXSUHTXHVWLQJWKHSODWHVLVD FHHGVLQWRWKH.HHS.LGV6DIH5HJLVWUDWLRQ
JURXSWKDWUHFRJQL]HVIDOOHQSXEOLFVDIHW\RIÀ- 3ODWH$FFRXQWHVWDEOLVKHGLQ256
cers, the plates shall, upon request, contain a $WWKHEHJLQQLQJRIHDFKELHQQLXPWKH(DUO\
decal that indicates the plates are issued to Learning Council shall evenly distribute the
UHFRJQL]HIDOOHQSXEOLFVDIHW\RIÀFHUV PRQH\VLQWKH.HHS.LGV6DIH5HJLVWUDWLRQ
([FHSWDVRWKHUZLVHUHTXLUHGE\WKH Plate Account to the counties in this state,
design chosen, the plates shall comply with the XQWLOHDFKFRXQW\UHFHLYHV$IWHUHDFK
UHTXLUHPHQWVRI2567KHGHSDUWPHQW county has received $1,000, the council shall
distribute any remaining moneys to each
county in an amount equal to the percentage (a) The plates shall be issued by the State
RI.HHS.LGV6DIHUHJLVWUDWLRQSODWHVVROGLQ RI2UHJRQIRUXVHRQYHKLFOHVLQWKLVVWDWH
WKDWFRXQW\(DFKFRXQW\VKDOOXVHWKHPRQH\V (b) The numbers and characters on the plate
received under this paragraph solely for the VKDOOEHGLVWLQFWLYH
purpose of funding strategies and approaches
VKRZQWRSUHYHQWRUUHGXFHFKLOGDEXVH (c) The plates shall be legible, durable and
otherwise of a size, shape, color and design
(7) The department may not accept applica- that will serve the purposes of safety and
tions to create new group registration plates LGHQWLÀFDWLRQ
RQRUDIWHU$XJXVW>F
FFF G,IWKHSODWHVDUHIURPDVHULHVRISODWHVLQ
FFF current use, the plates shall be from the same
FFF year or period of issue in which the vehicle was
FDF@ 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 GRIWKLVVHFWLRQWKHGHSDUWPHQWPD\DIÀ[D
>F@ distinctive sticker to each plate at the time of
DSSURYDO6WLFNHUVVKDOOEHRIDVL]HFRORUDQG
805.206>FF design determined by the department and shall
FUHSHDOHGE\F@ be displayed on plates in the manner deter-
805.207 Keep Kids Safe Registration PLQHGE\WKHGHSDUWPHQW
Plate Account. 7KH.HHS.LGV6DIH5HJLV- (5) The department may approve plates
tration Plate Account is established within issued by the state that have been restored to
WKH(DUO\/HDUQLQJ'LYLVLRQ)XQG$OOPRQH\V their original color and design provided that
UHFHLYHGE\WKH(DUO\/HDUQLQJ&RXQFLOIURP LIWKHSODWHZDVUHÁHFWRUL]HGZKHQRULJLQDOO\
WKHVDOHRI.HHS.LGV6DIHUHJLVWUDWLRQSODWHV LVVXHGLWPXVWEHIXOO\UHÁHFWRUL]HGZKHQ
shall be deposited into the account and are UHVWRUHG>FF
continuously appropriated to the council to FFF@
be distributed to counties as provided in ORS
>FEF@ (OHFWHGRIÀFLDOSODWHVTXDOLÀ-
cations; fee; rules. (1) Upon application by an
NoteZDVHQDFWHGLQWRODZE\WKH HOHFWHGRIÀFLDOZKRTXDOLÀHVXQGHUWKLVVHFWLRQ
Legislative Assembly but was not added to or the Department of Transportation shall issue
made a part of the Oregon Vehicle Code or any registration plates described under this section
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ WRWKHRIÀFLDOIRUXVHRQWKHPRWRUYHKLFOHRI
See Preface to Oregon Revised Statutes for WKHSHUVRQ5HJLVWUDWLRQSODWHVLVVXHGXQGHU
IXUWKHUH[SODQDWLRQ this section may be displayed on the vehicle of
805.208 > F F the person in lieu of regular registration plates
UHQXPEHUHGLQ@ LVVXHGXQGHUWKHYHKLFOHFRGH
805.210 Special interest vehicle plates. (2) The following apply to registration plates
(1) The owner of a vehicle of special interest LVVXHGXQGHUWKLVVHFWLRQ
may apply to the Department of Transportation (a) The plates shall be considered custom-
for permission to use special interest registra- ized plates for purposes of the fee in ORS
WLRQSODWHV7RUHFHLYHSHUPLVVLRQWRXVHVSHFLDO
LQWHUHVWUHJLVWUDWLRQSODWHVWKHSHUVRQPXVW
E7KHSODWHVVKDOOEHDVVLJQHGWRDVSHFLÀF
(a) Maintain the vehicle of special interest YHKLFOH
as a collectors’ item and use the vehicle only
for exhibitions, parades, club activities and (c) The plates shall be issued in addition to
similar uses but not use the vehicle primarily regular registration plates issued for a vehicle
for the transportation of persons or property; DWWKHRSWLRQRIWKHDSSOLFDQW
(b) Supply the special interest registration (d) The plates shall not be transferable from
plates which the person desires to use; and 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
(a) Submit an application, in the manner The fee for issuance of the customized plates is
prescribed by the Department of Transporta- DVSURYLGHGXQGHU256>F
WLRQE\UXOH F@
(b) Pay to the department the anticipated 805.242 Transfer of plates that are not
costs of adding the plate to the special regis- from current issue; fee. Notwithstanding
tration plate program, as determined by the 256WKH'HSDUWPHQWRI7UDQV-
GHSDUWPHQW 7KH GHSDUWPHQW VKDOO UHIXQG portation shall approve a request to transfer
any amount of the payment that is not needed registration plates that are not from a current
to pay the costs of adding the plate to the issue of plates if the owner of the plates sub-
SURJUDP mits an application for transfer along with the
(c) Collect and hold prepaid vouchers for new plate transfer fee and the fee for a customized
special registration plates, until it has received UHJLVWUDWLRQSODWHHVWDEOLVKHGLQ256
at least 3,000 vouchers along with required LQDGGLWLRQWRDQ\UHTXLUHGUHJLVWUDWLRQIHH
IHHV2QFHDSDUWLFLSDWLQJQRQSURÀWJURXS Upon transfer of the plates, the plates shall
institution of higher education or public body for all purposes be considered customized
has received at least 3,000 vouchers, it shall registration plates issued as provided in ORS
submit the vouchers, along with the required >FD@
IHHVWRWKHGHSDUWPHQW 805.250 Fees for special plates. This sec-
(2) The department shall begin designing, tion establishes fees for issuance of registration
producing and issuing the plates after the non- SODWHVDXWKRUL]HGXQGHU256,IDIHH
SURÀWJURXSLQVWLWXWLRQRIKLJKHUHGXFDWLRQRU IRUSODWHVDXWKRUL]HGLQ256LVQRW
SXEOLFERG\VXEPLWVWKHIROORZLQJ established in this section, the fee is the same
IHHDVHVWDEOLVKHGXQGHU256:KHUH
(a) The application; a fee is established under this section, the fee
(b) Payment for the anticipated costs of is in addition to the fee established under
adding the plate as determined under subsec- 256XQOHVVRWKHUZLVHSURYLGHGLQ
tion (1) of this section; and WKHIROORZLQJ
(c) Three thousand prepaid vouchers along (1) Amateur radio operator registration
ZLWKUHTXLUHGIHHV SODWHVLVVXHGXQGHU256
(3) For purposes of this section, costs of (2) Customized registration plates issued
adding a new special registration plate include, XQGHU256
but are not limited to, computer programming (a) For original issuance or renewal, $50
FRVWVDQGYHQGRUVHWXSIHHV DQQXDOIHH
(4) The department shall adopt rules for the (b) For issuance of a duplicate or replace-
administration and implementation of the spe- ment plate, $5 when the plate is issued at the
FLDOUHJLVWUDWLRQSODWHSURJUDP>F time of renewal of registration or $10 when the
@ SODWHLVLVVXHGDWDQ\RWKHUWLPH
NoteEHFRPHVRSHUDWLYH-XO\ (3) Special interest registration plates
6HHVHFWLRQFKDSWHU2UHJRQ DSSURYHGXQGHU256DUHDSSURYHG
/DZV without cost except as provided in this sub-
805.230 Amateur radio operator plates; section, including without payment of the fee
fee. (1) A motor vehicle owner who is a resident HVWDEOLVKHGXQGHU256,ILGHQWLI\LQJ
of this state and who holds a valid, unrevoked stickers are required, $1 per sticker or pair of
DQGXQH[SLUHGRIÀFLDODPDWHXUUDGLRVWDWLRQ VWLFNHUV
license issued by the Federal Communications 'HDOHUSODWHVLVVXHGXQGHU256
Commission may obtain from the Department DQGDUHDVIROORZV
of Transportation special registration plates
designed by the department for use on the vehi- (a) For the original dealer plate, no fee
cle in lieu of the regularly issued registration H[FHSWWKHIHHHVWDEOLVKHGXQGHU256
SODWHVIRUWKHYHKLFOH7RREWDLQVSHFLDOUHJLV- (b) For replacement dealer plates, $10 for
tration plates described under this section, a each plate except that persons dealing exclu-
person must submit to the department the fee sively in motorcycles, mopeds, snowmobiles
HVWDEOLVKHGXQGHU256IRULVVXDQFH or any combination of those vehicles shall pay
RIWKHVSHFLDOUHJLVWUDWLRQSODWHV RQO\IRUHDFKUHSODFHPHQWSODWH
(2) Upon the revocation or expiration of the (c) For additional plates, or for renewal of
radio license, the person must return the plates registration, $42, except that persons dealing
issued under this section to the department exclusively in motorcycles, mopeds or snow-
and receive in lieu thereof regular registration mobiles or any combination of those vehicles
SODWHV>FF shall pay only $9 for each additional plate, or
F@ IRUUHQHZDORIUHJLVWUDWLRQ
805.240 Customized plates; fee. The (5) Special vehicle transporter plates or
Department of Transportation is authorized GHYLFHV LVVXHG XQGHU 256 IRU
to issue customized registration plates upon HDFKSODWHRUGHYLFH>F
WKHUHTXHVWRIYHKLFOHRZQHUV6XFKUHJLVWUD- FFF
tion plates shall meet the requirements for FFF
UHJLVWUDWLRQSODWHVGHVFULEHGLQ256 FFF
,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG ([FHSWDVRWKHUZLVHUHTXLUHGE\VXE-
by law, for each Crater Lake National Park section (1) of this section, wine country
registration plate issued under subsection (1) registration plates shall comply with the
of this section, the department shall collect UHTXLUHPHQWVRI256>F@
a surcharge of $10 payable when the plate is 805.272 Disposition of moneys from
LVVXHG7KHGHSDUWPHQWVKDOOGLVWULEXWHWKH wine country registration plate sur-
VXUFKDUJHDVSURYLGHGLQ256> charge. (1) After the deduction of the cost of
FF@ administration of the wine country registration
NoteDQGZHUHHQDFWHG plate program, the Department of Transpor-
into law by the Legislative Assembly but were tation shall deposit the net proceeds of the
not added to or made a part of the Oregon surcharge collected by the department under
Vehicle Code or any chapter or series therein 256LQWRWKHDFFRXQWRIWKH2UHJRQ
E\OHJLVODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ Tourism Commission established under ORS
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ 7KHGHSDUWPHQWVKDOOPDNHGHSRVLWV
Note6HHQRWHXQGHU XQGHUWKLVVXEVHFWLRQDWOHDVWTXDUWHUO\
805.264 Disposition of moneys from (2) Moneys deposited under subsection (1)
Crater Lake National Park registration of this section are continuously appropriated
plate surcharge. (1) After deduction of the to the Oregon Tourism Commission for the
cost of administration of the Crater Lake SXUSRVHVVHWIRUWKLQ256
National Park registration plate program, the (3) As used in this section, “the cost of
Department of Transportation shall transfer administration of the wine country registration
moneys from the surcharge imposed by ORS SODWHSURJUDPµPHDQVWKHVXPRIDOOGHSDUW-
WRWKH2UHJRQ&RPPXQLW\)RXQGDWLRQ ment expenses for the issuance or transfer of
IRUXVHRQ&UDWHU/DNH1DWLRQDO3DUNSURMHFWV wine country registration plates under ORS
(2) As used in this section, “the cost of WKDWDUHDERYHWKHQRUPDOFRVWVRI
administration of the Crater Lake National issuing, renewing and transferring registra-
3DUNUHJLVWUDWLRQSODWHSURJUDPµLVWKHVXP tion plates in the normal course of the business
of all Department of Transportation expenses RIWKHGHSDUWPHQW7KHVHH[SHQVHVLQFOXGHEXW
for the issuance or transfer of Crater Lake are not limited to, the costs of collecting the
National Park registration plates under ORS wine country registration plate surcharge and
WKDWDUHDERYHWKHQRUPDOFRVWVRI WUDQVIHUULQJZLQHFRXQWU\UHJLVWUDWLRQSODWHV
issuing, renewing and transferring registra- >F@
tion plates in the normal course of business 805.274 Distribution of moneys; rules.
LQWKHGHSDUWPHQW7KHVHH[SHQVHVLQFOXGH (1) After payment of the cost of production of
but are not limited to, the costs of collecting the wine country registration plates including
the Crater Lake National Park registration administrative expenses relating to marketing
plate surcharge and transferring Crater Lake the wine country registration plates issued
1DWLRQDO3DUNUHJLVWUDWLRQSODWHV>F XQGHU256WKH2UHJRQ7RXULVP&RP-
F@ mission shall distribute the moneys received
Note6HHÀUVWQRWHXQGHU from the Department of Transportation pur-
VXDQWWR256DVIROORZV
(Wine Country Registration Plate) (a) One half of the moneys shall be distrib-
XWHGDVPDWFKLQJJUDQWV7KHFRPPLVVLRQVKDOO
805.266 Wine country registration develop a matching grant program and shall
plate; fee. (1) The Department of Transporta- award grants to tourism promotion agencies
tion shall establish a wine country registration for tourism promotion of wine and culinary
plate program to issue special registration WRXULVP7KHFRPPLVVLRQVKDOOHVWDEOLVKWKH
SODWHVFDOOHG´ZLQHFRXQWU\UHJLVWUDWLRQSODWHVµ maximum grant amount in the applicant
upon request to owners of motor vehicles reg- guidelines prepared for the matching grant
LVWHUHGXQGHUWKHSURYLVLRQVRI256 SURJUDPLQHDFKELHQQLXP1RPRUHWKDQ
percent of the total cost of a project may be
,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HGE\ SDLGIRUZLWKPRQH\VIURPWKHSURJUDP$Q
law, for each set of wine country registration applicant must show a minimum one-to-one
plates issued under subsection (1) of this sec- match from private or public sources other
tion, the department shall collect a surcharge than Oregon Business Development Depart-
of $30 payable when the plates are issued and PHQWRUFRPPLVVLRQSURJUDPV7KHDSSOLFDQW
upon each subsequent renewal of registration must also show a cash match of at least 50
RIDYHKLFOHEHDULQJWKHSODWHV7KHGHSDUWPHQW percent of the amount requested under the
shall transfer the moneys from the surcharge PDWFKLQJJUDQWSURJUDP
DVSURYLGHGLQ256>F (b) One half of the moneys shall be distrib-
F@ uted to tourism promotion agencies for the
805.268 Wine country registration plate SXUSRVHRIWRXULVPSURPRWLRQ7KHFRPPLV-
design. (1) The Department of Transportation, sion shall distribute the moneys in proportion
in consultation with the Oregon Tourism Com- to the amount of acreage in each region used
mission and Travel Salem, shall design the IRUZLQHJUDSHSURGXFWLRQ7KHFRPPLVVLRQ
wine country registration plates issued under shall designate a tourism promotion agency
256 IRUHDFKUHJLRQ7KHUHJLRQVVKDOOLQFOXGHWKH
mid-Willamette Valley region and each other
major wine producing region of the state as 805.279 Disposition of moneys from
GHWHUPLQHGE\WKHFRPPLVVLRQ Portland Trail Blazers registration plate
(2) The commission annually shall submit surcharge. (1) Moneys from the surcharge
a report to the Legislative Assembly in the LPSRVHGE\256PXVWEHWUDQVIHUUHG
PDQQHUSURYLGHGLQ256RQRUEHIRUH to the Trail Blazers Foundation established by
2FWREHU the Portland Trail Blazers after deduction of
the cost of administration of the Portland Trail
(3) The commission shall adopt rules to Blazers registration plate program, including
FDUU\RXWWKLVVHFWLRQ 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 ciation are the responsibility of the Portland
PHDQLQJJLYHQWKDWWHUPLQ256 7UDLO%OD]HUV
>F@
(2) The Trail Blazers Foundation shall use
(Portland Trail Blazers the surcharge proceeds received under this
Registration Plate) section to issue grants for youth-related pro-
JUDPVDQGLQLWLDWLYHV
805.278 Portland Trail Blazers regis-
tration plate; rules; fee. (1) The Department (DFK\HDUWKH7UDLO%OD]HUV)RXQGDWLRQ
of Transportation shall establish a Portland shall report to a committee or interim com-
Trail Blazers registration plate program to mittee of the Legislative Assembly related
issue special registration plates to support WRWUDQVSRUWDWLRQ7KHUHSRUWPXVWSURYLGH
charitable initiatives through the Trail Blaz- information about the grants awarded with
ers Foundation established by the Portland WKHIXQGVIURPWKHVXUFKDUJH>F@
7UDLO%OD]HUV7KHVSHFLDOUHJLVWUDWLRQSODWHV
shall be issued upon request to owners of motor (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- by law, for each set of breast cancer awareness
land Trail Blazers registration plates may registration plates issued under subsection (1)
be transferred from vehicle to vehicle if the of this section, the department shall collect a
department stops issuing the plates, as long as surcharge of $40 payable when the plates are
the plates are not too old, damaged, mutilated issued and upon each subsequent renewal of
or otherwise rendered illegible to be useful for UHJLVWUDWLRQRIDYHKLFOHEHDULQJWKHSODWHV7KH
SXUSRVHVRILGHQWLÀFDWLRQ department shall distribute the surcharge as
SURYLGHGLQ256
(4) The Portland Trail Blazers registration
plate must include the name or logo of the 1RWZLWKVWDQGLQJ256EUHDVW
3RUWODQG7UDLO%OD]HUVEDVNHWEDOOWHDP7KH cancer awareness registration plates may
department shall design the plate in consulta- be transferred from vehicle to vehicle if the
WLRQZLWKWKH3RUWODQG7UDLO%OD]HUV7KHÀQDO department stops issuing the plates, as long as
design of the plate is subject to approval by the the plates are not too old, damaged, mutilated
3RUWODQG7UDLO%OD]HUV7KHGHSDUWPHQWPD\ or otherwise rendered illegible to be useful for
enter into agreements necessary for the use of SXUSRVHVRILGHQWLÀFDWLRQ>F@
the logo, name, marks or slogans associated 805.285 Disposition of moneys from
with the Portland Trail Blazers or the National breast cancer awareness registration
%DVNHWEDOO$VVRFLDWLRQ plate surcharge. (1) Moneys from the sur-
([FHSWDVRWKHUZLVHUHTXLUHGE\WKH FKDUJH LPSRVHG E\ 256 PXVW EH
design approved by the department, Portland transferred to the Oregon Health Author-
Trail Blazers registration plates must comply LW\)XQGHVWDEOLVKHGE\256DIWHU
ZLWKWKHUHTXLUHPHQWVRI256> deduction of the cost of administration of the
F@ breast cancer awareness registration plate pro-
gram, including but not limited to the costs of
collecting the breast cancer awareness regis- 2, chapter 823, Oregon Laws 2009, that are
tration plate surcharge and transferring breast above the normal costs of issuing, renewing
cancer awareness registration plates that are and transferring registration plates in the
above the normal costs of issuing, renewing normal course of the business of the depart-
and transferring registration plates in the PHQW7KHVHH[SHQVHVLQFOXGHEXWDUHQRW
normal course of business of the Department OLPLWHGWRWKHFRVWVRIFROOHFWLQJWKH3DFLÀF
RI7UDQVSRUWDWLRQ Wonderland registration plate surcharge and
(2) Moneys deposited under subsection (1) WUDQVIHUULQJ3DFLÀF:RQGHUODQGUHJLVWUDWLRQ
of this section are continuously appropriated SODWHV>FFF
to the Oregon Health Authority for activities @
XQGHU256UHODWHGWRHDUO\GHWHFWLRQ 6HF1RWZLWKVWDQGLQJ256
of breast and cervical cancers as part of the the Department of Transportation may pay an
2UHJRQ%UHDVWDQG&HUYLFDO&DQFHU3URJUDP amount up to $150,000 from the Department of
>F@ Transportation Operating Fund for expenses
LQFXUUHGLQLQLWLDWLQJWKH3DFLÀF:RQGHUODQG
3DFLÀF:RQGHUODQG5HJLVWUDWLRQ3ODWH registration plate program established in
section 2, chapter 823, Oregon Laws 2009,
Note6HFWLRQVWRFKDSWHU2UHJRQ including but not limited to registration plate
/DZVSURYLGH design, computer programming and production
6HF6HFWLRQVDQGRIWKLV$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)
6HF7KH'HSDUWPHQWRI7UDQVSRU- RIWKLVVHFWLRQ
WDWLRQVKDOOHVWDEOLVKD3DFLÀF:RQGHUODQG
registration plate program to issue special (2) Notwithstanding section 3, chapter 823,
UHJLVWUDWLRQSODWHVFDOOHG´3DFLÀF:RQGHUODQG Oregon Laws 2009, after deduction of the cost
UHJLVWUDWLRQSODWHVµXSRQUHTXHVWWRRZQHUVRI RIDGPLQLVWUDWLRQRIWKH3DFLÀF:RQGHUODQG
motor vehicles registered under the provisions 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
GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
,QDGGLWLRQWRDQ\RWKHUIHHDXWKRUL]HG
E\ODZIRUHDFKVHWRI3DFLÀF:RQGHUODQGUHJ- (3) When the department determines that
istration plates issued under subsection (1) PRQH\VLQVXIÀFLHQWDPRXQWDUHDYDLODEOHLQ
of this section, the department shall collect the account established under subsection (2) of
a surcharge of $100 payable when the plates this section, the department shall reimburse
DUHLVVXHG7KHGHSDUWPHQWVKDOOWUDQVIHUWKH the Department of Transportation Operating
moneys from the surcharge as provided in sec- Fund, without interest, in an amount equal
WLRQFKDSWHU2UHJRQ/DZV to the amount paid from the Department of
Transportation Operating Fund for the costs of
1RWZLWKVWDQGLQJ2563DFLÀF LQLWLDWLQJWKH3DFLÀF:RQGHUODQGUHJLVWUDWLRQ
Wonderland registration plates may be trans- SODWHSURJUDP
ferred from vehicle to vehicle if the department
stops issuing the plates, as long as the plates (4) Any moneys remaining in the account
are not so old, damaged, mutilated or other- established under subsection (2) of this sec-
wise rendered illegible as to be not useful for tion after deduction of the reimbursement
SXUSRVHVRILGHQWLÀFDWLRQ required under subsection (3) of this section
shall be transferred to the Oregon State
(4) The department shall limit the total Capitol Foundation for the general purposes
QXPEHURI3DFLÀF:RQGHUODQGUHJLVWUDWLRQ RIWKHIRXQGDWLRQXQGHU256DQGWR
SODWHVWRVHWVRISODWHV>F WKH2UHJRQ+LVWRULFDO6RFLHW\2IWKHPRQH\V
FFF@ transferred under this subsection, 50 per-
6HF$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 >FFF@
of the moneys from the surcharge imposed by 6HF7KH'HSDUWPHQWRI7UDQVSRUWD-
section 2, chapter 823, Oregon Laws 2009, to tion shall use as a design for the plates issued
the Oregon State Capitol Foundation for the under section 2 of this 2009 Act a design simi-
general purposes of the foundation under ORS ODUWRWKH3DFLÀF:RQGHUODQGUHJLVWUDWLRQSODWH
DQGSHUFHQWWRWKH2UHJRQ+LVWRUL- that was created as a result of section 2, chap-
FDO6RFLHW\ ter 15, Oregon Laws 1959, with recognition of
(2) As used in this section, the cost of admin- 2UHJRQ·VWKELUWKGD\
LVWUDWLRQRIWKH3DFLÀF:RQGHUODQGUHJLVWUDWLRQ ([FHSWDVRWKHUZLVHUHTXLUHGE\WKH
plate program is the sum of all department GHVLJQVSHFLÀHGLQVXEVHFWLRQRIWKLVVHF-
H[SHQVHVIRUWKHLVVXDQFHRUWUDQVIHURI3DFLÀF WLRQ3DFLÀF:RQGHUODQGUHJLVWUDWLRQSODWHV
Wonderland registration plates under section
shall comply with the requirements of ORS upon which the motor vehicle sought to be reg-
>F@ LVWHUHGLVWREHXVHG
(3) The type and amount of agricultural
FARM VEHICLES commodities, agricultural products or live-
stock produced annually on one or more of
805.300 Farm vehicle registration; gen- the farms, orchards or ranches upon which
eral requirements; fees. Any farmer who is the motor vehicle sought to be registered is to
the owner of a motor vehicle may apply to the EHXVHG
Department of Transportation for and, upon
payment of appropriate fees, may receive farm (4) The number of trucks used on the one or
vehicle registration described in this section to more farms, orchards or ranches upon which
RSHUDWHWKHYHKLFOH)DUPYHKLFOHUHJLVWUDWLRQ the motor vehicle sought to be registered is to
LVVXEMHFWWRWKHIROORZLQJDVGHVFULEHG be used and the combined weight of the motor
YHKLFOHVRXJKWWREHUHJLVWHUHG
(1) Application is as provided under ORS
(5) A statement that any motor vehicle reg-
LVWHUHGXQGHU256
4XDOLÀFDWLRQLVDVSURYLGHGXQGHU256
(a) Will be used for one or more of the pur-
SRVHVVSHFLÀHGXQGHU256
(3) The fees are as provided under ORS
(b) Will not be used, at any time while
UHJLVWHUHGXQGHU256IRUDQ\RWKHU
(4) The registration period is as provided purpose or for the transportation of any other
XQGHU256 commodities or products for hire except as pro-
(5) Once registered under a farm vehicle 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 or by the department in making an application
(8) The registration may be canceled as pro- IRUUHJXODUUHJLVWUDWLRQIRUWKHPRWRUYHKLFOH
YLGHGXQGHU256>F (8) The application shall contain a declara-
FFF tion that it is made under penalties for false
F@ FHUWLÀFDWLRQ9LRODWLRQRIWKLVVXEVHFWLRQLV
4XDOLÀFDWLRQV IRU UHJLVWUD- VXEMHFWWRSHQDOWLHVXQGHU256>
tion. To qualify for issuance of registration FFF
GHVFULEHGXQGHU256DSHUVRQPXVW FFF
be engaged, either as owner or renter, in oper- FFF@
ating one or more farms, orchards or ranches $QQXDOSURRIRITXDOLÀFDWLRQ
actually producing agricultural products or for farm vehicle registration. The owner of
UDLVLQJOLYHVWRFNLQVXIÀFLHQWTXDQWLWLHVWRUHD- a vehicle or combination that has four or more
sonably require the use of the motor vehicle or axles and that is registered as a farm vehi-
vehicles for which the farm vehicle license is FOHXQGHU256RUKDVDIDUPGHYLFH
VRXJKW&RRSHUDWLYHFRUSRUDWLRQVRUDVVRFLD- LVVXHGSXUVXDQWWR256VKDOODQQX-
tions organized under the provisions of ORS ally show to the satisfaction of the Department
FKDSWHURUFRUSRUDWLRQVRUVXEVLGLDULHVRI of Transportation that the owner meets the
corporations do not qualify for the issuance of TXDOLÀFDWLRQVRI256>F@
OLFHQVHVGHVFULEHGXQGHU256LIRZQHG
E\PRUHWKDQVKDUHKROGHUV$VXVHGLQWKLV 805.>FF
VHFWLRQ´VKDUHKROGHUµKDVWKHPHDQLQJJLYHQ UHSHDOHGE\F@
WKDWWHUPLQ256>F 805.340 Effect of sale of vehicle. Upon
FFF@ VDOHRIDYHKLFOHUHJLVWHUHGXQGHU256
805.320 Application for registration. prior to operation of the vehicle on a highway,
Application for registration described under the new owner must reregister the vehicle
256VKDOOEHPDGHLQDIRUPSUH- XQOHVVWKHQHZRZQHULVTXDOLÀHGXQGHU256
scribed by the Department of Transportation WRUHJLVWHUWKHYHKLFOHXQGHU256
DQGFHUWLÀHGWRE\WKHDSSOLFDQWDQGVKDOO >FF
LQFOXGHDOORIWKHIROORZLQJ F@
(1) The name and residence or business 805.350 Violation of farm registration
address of the applicant, except as provided for limits; penalty. (1) A person commits the
$GGUHVV&RQÀGHQWLDOLW\3URJUDPSDUWLFLSDQWV offense of violation of farm registration limits
LQ256 if the person uses or owns and permits to be
XVHGDYHKLFOHUHJLVWHUHGXQGHU256
(2) The number of acres as shown on the for purposes other than purposes described
latest county real property tax statements of XQGHU256
one or more of the farms, orchards or ranches
(2) The offense described in this section, (1) The vehicles may be used in transporting
violation of farm registration limits, is a Class the farmer’s own agricultural commodities,
$PLVGHPHDQRU>FF agricultural products or livestock that were
@ originally grown or raised by the farmer on the
805.360 Failure to register farm vehi- IDUPHU·VRZQIDUP7KLVVXEVHFWLRQLQFOXGHV
cle properly; penalty. (1) A person commits products and by-products of commodities or
the offense of failure to register a farm vehicle livestock that were packed, processed or man-
properly if the person is the new owner of a ufactured by or for the farm operation so long
YHKLFOHZLWKUHJLVWUDWLRQXQGHU256 as the farmer retains ownership of the prod-
and the person operates the vehicle before ucts but does not include products that have
SURSHUO\UHJLVWHULQJLW EHHQWUDQVIRUPHGLQWRDÀQLVKHGVWDWH)RU
purposes of this subsection, products have not
(2) Nothing in this section prohibits a EHHQWUDQVIRUPHGLQWRDÀQLVKHGVWDWHLIWKH
person from registering the vehicle under ORS SURGXFWV
LITXDOLÀFDWLRQVIRUUHJLVWUDWLRQXQGHU
WKDWVHFWLRQDUHPHW (a) Will be used in agricultural production;
(3) The offense described in this section, (b) Will be used in the production of another
failure to register a farm vehicle properly, is a product;
&ODVV$PLVGHPHDQRU>F (c) Are not changed in visible character; or
FF@ (d) Are of a type or kind ordinarily requiring
)DOVH FHUWLÀFDWLRQ SHQDOW\ further processing prior to sale to the ultimate
(1) A person commits the offense of false cer- FRQVXPHU
WLÀFDWLRQRQIDUPUHJLVWUDWLRQLIWKHSHUVRQ (2) The vehicles may be used in any trans-
NQRZLQJO\FHUWLÀHVIDOVHO\WRDQ\LQIRUPDWLRQ portation that is incidental to the regular
on any application for issuance of registration RSHUDWLRQRIWKHIDUPHU·VIDUP
XQGHU256
(3) The vehicles may be used to transport
(2) The offense described in this section, supplies, equipment or materials to the farm-
IDOVHFHUWLÀFDWLRQRQIDUPUHJLVWUDWLRQLVD er’s farm that are consumed or used on the
&ODVV$PLVGHPHDQRU>F IDUP
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(4) The vehicles may be used in transporting
805.380 Department investigation; forest products to the farmer’s own farm or
cancellation. The Department of Transpor- transporting for any purpose forest products
tation shall have the authority to investigate RULJLQDWLQJRQWKHIDUPHU·VIDUP7KHRQO\
and verify information provided in conjunction forest products included under this subsection
with application for registration under ORS are forest materials originating on a farm or as
7KHGHSDUWPHQWPD\FDQFHOWKHUHJ- DQLQFLGHQWWRWKHUHJXODURSHUDWLRQRIDIDUP
istration of any vehicle that has registration
LVVXHGXQGHU256LIWKHRZQHURUD (5) The vehicles may be used in the trans-
lessee or an employee of either is convicted portation of products, supplies, equipment or
RIYLRODWLRQRI256WRLIWKH PDWHULDOVIRUDQRWKHUIDUPHUZKRTXDOLÀHV
department determines that such person has XQGHU256RQDQH[FKDQJHRIODERU
YLRODWHG256WRZKHWKHURU basis if such products, supplies, equipment or
not the person is convicted for the violation materials are to be used or consumed on such
or if the department determines that either farm or are directly related to the operation
WKHYHKLFOHRUWKHRZQHUQRORQJHUTXDOLÀHV RIWKHIDUP
IRUIDUPYHKLFOHUHJLVWUDWLRQ,IUHJLVWUDWLRQLV 7KHYHKLFOHVPD\EHRSHUDWHGIRUWKHSHU-
canceled under this section, the vehicle shall sonal use of the farmer, any member of the
not again be eligible for registration under ORS farmer’s immediate family or any person in
IRUDSHULRGRIRQH\HDUDIWHUWKHFDQ- WKHIDUPHU·VHPSOR\
FHOODWLRQ>FF@
(7) The vehicles shall not be used to trans-
805.390 Permitted uses of farm-regis- SRUWDQ\RIWKHIROORZLQJ
tered vehicles. This section establishes the
uses allowed for vehicles registered under ORS D3LOLQJ
DQGIRUYHKLFOHVDXWKRUL]HGE\256 (b) Poles over 30 inches in circumference at
WREHUHJLVWHUHGXQGHU256 WKHODUJHHQG
RU9HKLFOHVZLWKIDUPYHKLFOHUHJLVWUD-
tion or farm vehicle proportional registration F([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
may only be used for purposes described in paragraph, logs over eight feet six inches in
WKLVVHFWLRQ8VHVSHUPLWWHGRQDIDUPXQGHU OHQJWK$YHKLFOHPD\EHXVHGWRWUDQVSRUWORJV
this section are also permitted on one or more RYHUHLJKWIHHWVL[LQFKHVEXWQRWRYHUIHHW
farms, orchards or ranches of the qualifying LQFKHVLQOHQJWKLIWKHYHKLFOHKDVDORDGHG
IDUPHU 9LRODWLRQ RI WKH OLPLWV HVWDEOLVKHG ZHLJKWRISRXQGVRUOHVV
under this section is subject to penalty under (8) The vehicles may be partially operated
256 7KH IROORZLQJ GHVFULEHV WKH under a permit issued by the Department
uses permitted vehicles registered under ORS RI 7UDQVSRUWDWLRQ XQGHU 256 DV
DQGIRUYHKLFOHVDXWKRUL]HGE\256 GHVFULEHGLQ256:KHQRSHUDWHG
WREHUHJLVWHUHGXQGHU256 XQGHUDSHUPLWLVVXHGXQGHU256
RU WKHYHKLFOHVDUHVXEMHFWWR256FKDSWHU
Chapter 806
(',7,21
FINANCIAL RESPONSIBILITY LAW
(9) An electric personal assistive mobility liability insurance or to the existence of some
GHYLFH>FF RWKHUPHDQVRIVDWLVI\LQJWKHÀQDQFLDOUHVSRQ-
FFF sibility requirements shall be imprisoned for
FFF QROHVVWKDQWKUHHFRQVHFXWLYHGD\V,QQRFDVH
FF@ shall the execution of the punishment imposed
806.030>FUHSHDOHGE\ by this section be suspended by the court, nor
F@ shall any person subject to such punishment
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responsibility requirements established. (4) A person who is convicted for violation
Financial responsibility requirements are RIWKLVVHFWLRQLVVXEMHFWWR256LI
designed to provide for minimum payment of the person does not make future responsibility
MXGJPHQWVRIWKHW\SHGHVFULEHGLQWKLVVHFWLRQ ÀOLQJVDVUHTXLUHGE\WKDWVHFWLRQ
)RUWKHSXUSRVHVRI256 (5) The offense described in this section,
DQGMXGJPHQWVRI IDOVLÀFDWLRQRIÀQDQFLDOUHVSRQVLELOLW\LVD
WKHW\SHGHVFULEHGLQWKLVVHFWLRQPXVW Class B misdemeanor except that violation
+DYHEHFRPHÀQDOE\H[SLUDWLRQZLWKRXW of subsection (1)(c) of this section is a Class
appeal, of the time within which an appeal $PLVGHPHDQRU>FF
PLJKWKDYHEHHQSHUIHFWHGRUE\ÀQDODIÀUPD- FF@
tion on appeal; 806.055 Giving false information about
(2) Be rendered by a court of competent OLDELOLW\LQVXUDQFHWRSROLFHRIÀFHUSHQ-
jurisdiction of any state or of the United States; alty. (1) A person commits the offense of giving
false information about liability insurance to
(3) Be upon a cause of action for damages DSROLFHRIÀFHULIWKHSHUVRQNQRZLQJO\JLYHV
of the type described under subsection (4) of false information about the person’s motor
this section or upon a cause of action on an vehicle liability insurance coverage to any
agreement of settlement for such damages; and SROLFHRIÀFHUZKRLVHQIRUFLQJPRWRUYHKLFOH
(4) Be for one or more of the following kinds ODZV
of damage arising out of a motor vehicle acci- (2) The offense described in this section,
GHQWRQSXEOLFRUSULYDWHSURSHUW\ giving false information about liability
(a) Damages, including damages for care LQVXUDQFHWRDSROLFHRIÀFHULVD&ODVV%PLV-
and loss of services, because of bodily injury GHPHDQRU>F@
WRRUGHDWKRIDQ\SHUVRQ
(b) Damages because of injury to or destruc- REQUIREMENTS
tion of property, including the loss of use
WKHUHRI>FF (Generally)
FFF 806.060 Methods of compliance. A
F@ person who is required to comply with the
806.050 Falsification of financial ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVRIWKLV
responsibility; penalty. (1) A person com- state must be able to respond in damages,
PLWVWKHRIIHQVHRIIDOVLÀFDWLRQRIÀQDQFLDO in amounts required under this section, for
responsibility if the person does any of the liability on account of accidents arising out
IROORZLQJ of the ownership, operation, maintenance or
use of motor vehicles and must establish that
(a) Forges or, without authority, signs any ability by one of the methods required by this
HYLGHQFHRISURRIRIFRPSOLDQFHZLWKÀQDQFLDO VHFWLRQ$OORIWKHIROORZLQJDSSO\WRWKHÀQDQ-
UHVSRQVLELOLW\UHTXLUHPHQWV FLDOUHVSRQVLELOLW\UHTXLUHPHQWVRIWKLVVWDWH
E)LOHVRURIIHUVIRUÀOLQJDQ\HYLGHQFHRI 7R PHHW WKH ÀQDQFLDO UHVSRQVLELOLW\
SURRIRIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVL- requirements, a person must be able to respond
bility requirements knowing or having reason in damages in amounts not less than those
to believe that the proof is forged or signed established under the payment schedule under
ZLWKRXWDXWKRULW\ 256
F.QRZLQJO\FHUWLÀHVIDOVHO\WRWKHH[LV- $SHUVRQPD\RQO\FRPSO\ZLWKWKHÀQDQ-
tence of motor vehicle liability insurance cial responsibility requirements of this state
PHHWLQJWKHUHTXLUHPHQWVXQGHU256 by establishing the required ability to respond
RUVRPHRWKHUPHDQVRIVDWLVI\LQJWKHÀQDQ- LQGDPDJHVLQRQHRIWKHIROORZLQJZD\V
cial responsibility requirements or making a
ÀQDQFLDOUHVSRQVLELOLW\ÀOLQJ (a) Obtaining a motor vehicle liability policy
PHHWLQJWKHUHTXLUHPHQWVXQGHU256
$GHQLDORIFRYHUDJHVLJQHGE\DQRIÀFHU that will provide at least minimum limits nec-
or agent of an insurer, returned to the Depart- essary to pay amounts established under the
ment of Transportation after inquiry from the SD\PHQWVFKHGXOHXQGHU256
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of the existence of liability insurance under (b) Becoming self-insured as provided under
256RULVSULPDIDFLHHYLGHQFH 256>FF
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(3) Any person convicted of knowingly certi-
fying falsely to the existence of motor vehicle
(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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RIVHOILQVXUDQFHLVVXHGXQGHU256LV that have been previously found to be incorrect;
in force, the liability protection provided and or
the amounts paid under subsection (1)(c) of (c) The department has reasonable grounds
this section are secondary to any motor vehi- WREHOLHYHDUHQRWLQFRPSOLDQFHZLWKÀQDQFLDO
cle liability insurance or uninsured motorist UHVSRQVLELOLW\UHTXLUHPHQWV
coverage available to a customer of the self-in-
surer, an operator of the self-insured vehicle or :KHQDYHKLFOHLVVHOHFWHGIRUYHULÀFDWLRQ
an occupant of the self-insured vehicle unless under this section, the department shall mail
RWKHUZLVH DJUHHG WR E\ WKH VHOILQVXUHU $ DOHWWHUDQGFHUWLÀFDWLRQIRUPGHVFULEHGXQGHU
self-insurer is required to provide the mini- 256WRWKHUHJLVWHUHGRZQHURIWKH
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bility insurance policy of a customer of the owner to respond within 30 days and certify
self-insurer or an operator of the self-insured WKDWWKHRZQHULVLQFRPSOLDQFHZLWKÀQDQFLDO
vehicle does not provide the minimum required responsibility requirements as of the date of
SD\PHQWVHVWDEOLVKHGLQ256DQG WKHOHWWHU,QDGGLWLRQWKHGHSDUWPHQWPD\
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(b) A self-insurer may recover from a cus-
tomer of the self-insurer or an operator of the (4) Failure of an owner either to return
self-insured vehicle the amounts paid under WKHFHUWLÀFDWLRQRIFRPSOLDQFHZLWKÀQDQFLDO
VXEVHFWLRQFRIWKLVVHFWLRQ responsibility requirements to the department
within 30 days after mailing by the department
(3) Nothing in this section requires a self-in- or to certify compliance as of the date of the
surer to provide liability coverage when a letter, or a determination by the department
person is operating the vehicle without per- WKDWDFHUWLÀFDWLRQLVQRWDFFXUDWHFRQVWLWXWHV
PLVVLRQRIWKHVHOILQVXUHU>F reasonable grounds for the department to pro-
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tion. (1) The Department of Transportation (5) The department shall investigate all cer-
VKDOOLVVXHDFHUWLÀFDWHRIVHOILQVXUDQFHIRU WLÀFDWLRQVUHWXUQHGWRWKHGHSDUWPHQWXQGHU
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PHQWV XQGHU 256 DQG IXWXUH
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7KHGHSDUWPHQWPD\FDQFHODFHUWLÀFDWH to the listed insurer to determine whether
of self-insurance issued under this section upon WKHFHUWLÀFDWLRQLVFRUUHFW$QLQVXUHUVKDOO
UHDVRQDEOHJURXQGV)DLOXUHWRSD\DQ\MXGJ- QRWLI\WKHGHSDUWPHQWLIWKHFHUWLÀFDWLRQLVQRW
PHQWGHVFULEHGXQGHU256ZLWKLQ FRUUHFW
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reasonable grounds for cancellation under this (b) The department may also determine the
VXEVHFWLRQ7KHGHSDUWPHQWVKDOOJLYHQRWOHVV FRUUHFWQHVVRIFHUWLÀFDWLRQVRIRWKHUPHDQVRI
WKDQÀYHGD\V·QRWLFHDQGDKHDULQJSXUVX- VDWLVI\LQJÀQDQFLDOUHVSRQVLELOLW\UHTXLUH-
ant to such notice before the department may PHQWVIRUWKHYHKLFOH
FDQFHOXQGHUWKLVVXEVHFWLRQ>F@ 1R FLYLO OLDELOLW\ VKDOO DFFUXH WR WKH
insurer or any of its employees for reports
ENFORCEMENT made to the department under this section
when the reports are made in good faith based
806.150 Department verif ication on the most recent information available to the
program; rules. The Department of Transpor- LQVXUHU>FF
WDWLRQVKDOOSURYLGHDSURJUDPRIYHULÀFDWLRQ FFF
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The program established by the department 806.160 Demand for proof of compli-
under this section shall comply with all of the ance. (1) The Department of Transportation
IROORZLQJ shall demand that a person provide the
department, within 30 days after the date of
7KHYHULÀFDWLRQVKDOOEHEDVHGRQPRWRU the mailing of the demand, with satisfactory
YHKLFOHVUHJLVWHUHGLQWKLVVWDWH proof that the person is in compliance with the
(2) The department may select vehicles for ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVDVRIWKH
YHULÀFDWLRQZKHQWKHGHSDUWPHQWFRQVLGHUV date of the letter from the department under
WKHVHOHFWLRQQHFHVVDU\RUDSSURSULDWH7KH 256LIWKHGHSDUWPHQWKDVUHDVRQDEOH
department may emphasize, in accordance grounds to believe that the person was or is
with rules adopted by the department, veri- violating any of the following, whether or not
ÀFDWLRQRIYHKLFOHVUHJLVWHUHGWRLQGLYLGXDOV WKHSHUVRQKDVEHHQFRQYLFWHGRIWKHYLRODWLRQ
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(1) At the time of the accident the driver to suspension of driving privileges under ORS
was operating a vehicle owned by or leased to
and operated under the direction of the United (3) The offense described in this section,
States of America, this state or any municipal- failure of a previous violator to make future
LW\RUVXEGLYLVLRQWKHUHRI UHVSRQVLELOLW\ÀOLQJLVD&ODVV$WUDIÀFYLROD-
(2) At the time of the accident the vehicle WLRQ>FF
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(3) Such liability as may arise from the 806.240 Proof of compliance with
driver’s operation of the vehicle involved in the IXWXUHUHVSRQVLELOLW\ÀOLQJUHTXLUHPHQW
accident was covered by some form of liability ÀOLQJIRUDQRWKHUIDLOXUHRISURRIWRPHHW
LQVXUDQFHZKLFKFRPSOLHVZLWKWKHÀQDQFLDO requirements. )XWXUHUHVSRQVLELOLW\ÀOLQJV
UHVSRQVLELOLW\UHTXLUHPHQWV UHTXLUHGE\256RU
(4) The owner of the vehicle involved in the or by any other law of this state are subject to
DFFLGHQWZDVDVHOILQVXUHUXQGHU256 DOORIWKHIROORZLQJ
(5) The vehicle involved in the accident was ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
being operated under a permit issued by the this section, the person required to make the
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SRUWDWLRQRUKDYHÀOHGZLWKWKHGHSDUWPHQWIRU
$WWKHWLPHRIWKHDFFLGHQWWKHRZQHU·V WKHEHQHÀWRIWKHSHUVRQSURRIWKDWPHHWVWKH
vehicle was being operated without the own- requirements of this section and must main-
er’s permission, expressed or implied, or was WDLQWKHSURRIDVUHTXLUHGXQGHU256
parked by a person who had been operating 7KHÀOLQJLVPDGHRQWKHGDWHLWLVUHFHLYHGE\
such vehicle without the owner’s permission the department if it is received during regular
unless the vehicle at the time of its taking had EXVLQHVVKRXUV
been left unattended in a condition prohibited
by a regulation or ordinance designed to pre- 7KHSURRIÀOHGXQGHUVXEVHFWLRQRI
vent the operation of vehicles by unauthorized WKLVVHFWLRQPXVWEH
SHUVRQV7KLVVXEVHFWLRQRQO\H[HPSWVRZQHUV D $ FHUWLÀFDWH RU FHUWLÀFDWHV RI LQVXU-
RIYHKLFOHVZKRTXDOLI\ ance that meet the requirements under ORS
(7) At the time of the accident, the driver was RU
operating a vehicle owned, operated or leased E$YDOLGFHUWLÀFDWHRIVHOILQVXUDQFHLVVXHG
by the driver’s employer with the permission E\WKHGHSDUWPHQWXQGHU256
RIWKDWHPSOR\HU7KLVVXEVHFWLRQRQO\H[HPSWV (3) The owner of a motor vehicle may make
GULYHUVRIYHKLFOHV2ZQHUVUHPDLQVXEMHFWDV DIXWXUHUHVSRQVLELOLW\ÀOLQJXQGHUWKLVVHF-
SURYLGHGXQGHU256>F tion on behalf of the owner’s employee or a
FF@ member of the owner’s immediate family or
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LÀFDWLRQSHQDOW\(1) A person commits the SHUVRQ)LOLQJXQGHUWKLVVXEVHFWLRQSHUPLWV
offense of failure to make future responsibility WKHSHUVRQRQZKRVHEHKDOIWKHÀOLQJLVPDGH
ÀOLQJDIWHUIDLOLQJYHULÀFDWLRQLIWKHSHUVRQ to operate only a motor vehicle covered by the
D,VXQDEOHWRSURYLGHVDWLVIDFWRU\SURRI SURRIJLYHQLQWKHÀOLQJ7KHGHSDUWPHQWVKDOO
RIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVLELOLW\ endorse restrictions, as appropriate, on any
requirements as of the date of the letter of license or driver permit the person holds as the
YHULÀFDWLRQIURPWKH'HSDUWPHQWRI7UDQVSRU- department determines necessary to limit the
WDWLRQXQGHU256XSRQWKHGHPDQGRI person’s ability to operate vehicles consistent
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time required by that section; and :KHQHYHUSURRIÀOHGXQGHUWKLVVHFWLRQQR
E'RHVQRWZLWKLQGD\VDIWHUWKHGDWHRI longer meets the requirements of this section,
the mailing of the demand by the department the department shall require the furnishing of
XQGHU256PDNHDIXWXUHUHVSRQVL- RWKHUSURRIIRUWKHIXWXUHUHVSRQVLELOLW\ÀOLQJ
ELOLW\ÀOLQJ ,IRWKHUSURRILVQRWIXUQLVKHGWKHGHSDUWPHQW
shall suspend the driving privileges of the
(2) The offense described in this section, SHUVRQDVSURYLGHGXQGHU256RULI
IDLOXUHWRPDNHIXWXUHUHVSRQVLELOLW\ÀOLQJ applicable, any registration as provided under
DIWHUIDLOLQJYHULÀFDWLRQLVD&ODVV%WUDIÀF 256>FF
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806.230 Failure of previous violator 806.245 Termination of future respon-
WRÀOH(1) A person commits the offense of VLELOLW\ ÀOLQJ UHTXLUHPHQW UHDVRQV A
failure of a previous violator to make a future termination of the requirement to maintain a
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DYLRODWLRQRI256RUDQGWKH SHUVRQ·VUHVSRQVLELOLW\WRFRPSO\ZLWKÀQDQFLDO
person does not make a future responsibility UHVSRQVLELOLW\UHTXLUHPHQWV7KH'HSDUWPHQW
ÀOLQJZLWKLQGD\VDIWHUWKHFRQYLFWLRQ of Transportation shall terminate require-
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this section, a violator of this section is subject DQ\RIWKHIROORZLQJRFFXUV
insurance policy subsequently procured and (b) The person neglects to furnish other
FHUWLÀHGWRWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ SURRIIRUDIXWXUHUHVSRQVLELOLW\ÀOLQJXSRQ
The date of termination under this section is UHTXHVWRIWKHGHSDUWPHQW
WKHGDWHWKHVXEVHTXHQWFHUWLÀFDWHLVÀOHGZLWK ,I DQ\ SHUVRQ IDLOV WR UHWXUQ WR WKH
WKHGHSDUWPHQW>F@ department the license, driver permit or regis-
806.300 Failure to surrender license tration, the department may request any peace
and registration on cancellation of future RIÀFHUWRVHFXUHSRVVHVVLRQWKHUHRIDQGUHWXUQ
UHVSRQVLELOLW\ÀOLQJSHQDOW\(1) A person LWWRWKHGHSDUWPHQW
commits the offense of failure to surrender (3) The offense described in this section,
license and registration on cancellation of failure to surrender license and registration
IXWXUHUHVSRQVLELOLW\ÀOLQJLIWKHSHUVRQGRHV RQFDQFHOODWLRQRIIXWXUHUHVSRQVLELOLW\ÀOLQJ
not immediately return the person’s license LVD&ODVV&PLVGHPHDQRU>F
or driver permit and registration to the FFF@
Department of Transportation when any of
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(a) A policy of insurance required under ORS
LVFDQFHOHGRUWHUPLQDWHG
Chapter 807
(',7,21
DRIVING PRIVILEGES AND IDENTIFICATION CARDS
(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
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 from the time the person returns to the United
required to be eligible for driving privileges 6WDWHV
XQGHU256 (13) A person who does not hold a motorcycle
(b) During a period of suspension or revoca- endorsement may operate a motorcycle if the
tion by this state or any other jurisdiction of SHUVRQLV
driving privileges or of the right to apply for (a) Within an enclosed cab; or
a license or driver permit issued by this state (b) Operating a vehicle designed to travel
or any other jurisdiction; or with three wheels in contact with the ground
(c) That exceed the driving privileges DWVSHHGVRIOHVVWKDQPLOHVSHUKRXU
granted to the person by the out-of-state (14) A person may operate a bicycle that is
OLFHQVHRUGULYHUSHUPLW not an electric assisted bicycle without any
(2) A person in the Armed Forces of the JUDQWRIGULYLQJSULYLOHJHV
United States may operate a motor vehicle (15) A person may operate an electric
without an Oregon license or driver permit assisted bicycle without a driver license or
if the person is operating a motor vehicle in GULYHUSHUPLWLIWKHSHUVRQLV\HDUVRIDJH
the course of the person’s duties in the Armed RUROGHU
)RUFHV
$SHUVRQPD\RSHUDWHDPRWRUDVVLVWHG
(3) A person without a license or driver scooter without a driver license or driver
permit may operate a road roller or road SHUPLWLIWKHSHUVRQLV\HDUVRIDJHRUROGHU
machinery that is not required to be registered
XQGHUWKHODZVRIWKLVVWDWH (17) A person who is not a resident of this
state or who has been a resident of this state
(4) A person without a license or driver for less than 30 days may operate a motor
permit may temporarily operate, draw, move vehicle without an Oregon license or driver
or propel a farm tractor or implement of permit if the person is at least 15 years of age
KXVEDQGU\ and has in the person’s possession a current
(5) A person without a license or driver out-of-state equivalent of a Class C instruc-
permit may operate a motor vehicle to demon- WLRQGULYHUSHUPLWLVVXHGWRWKHSHUVRQ)RU
strate driving ability during the course of an the purpose of this subsection, a person is a
H[DPLQDWLRQDGPLQLVWHUHGXQGHU256 resident of this state if the person meets the
for the purpose of qualifying for a license or residency requirements described in ORS
GULYHUSHUPLW7KLVVXEVHFWLRQRQO\DSSOLHV $SHUVRQRSHUDWLQJDPRWRUYHKLFOH
when an authorized examiner is in a seat under authority of this subsection has the same
EHVLGHWKHGULYHURIWKHPRWRUYHKLFOH 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 FFF
256 FFF
'ULYLQJSULYLOHJHVIRU&ODVV,9DOOWHU- FFF
rain vehicles are exclusively as provided in FFF@
256
(10) A person without a license or driver ESTABLISHMENT OF IDENTITY
permit may operate a golf cart in accordance 807.021 Proof of legal presence; rules.
ZLWKDQRUGLQDQFHDGRSWHGXQGHU256 ([FHSWDVSURYLGHGLQ256
(11) The spouse of a member of the Armed DQGSULRUWRLVVXLQJUHQHZLQJRU
Forces of the United States on active duty who replacing any driver license, driver permit or
is accompanying the member on assignment in LGHQWLÀFDWLRQFDUGWKH'HSDUWPHQWRI7UDQV-
this state may operate a motor vehicle if the portation shall require a person to provide
spouse has a current out-of-state license or the Social Security number assigned to the
driver permit issued to the spouse by another person by the United States Social Security
VWDWHLQWKHVSRXVH·VSRVVHVVLRQ Administration and proof of legal presence in
the United States or, if the person is not eligi-
(12) A person who is a member of the Armed ble for a Social Security number, proof of legal
Forces of the United States on active duty may presence in the United States and proof that
operate a motor vehicle if the person has a
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 D7KHGHSDUWPHQWÀQGVWKDWWKHELRPHWULF
in the United States by submitting valid doc- data collected as required under subsection (1)
XPHQWDWLRQDVGHÀQHGE\WKHGHSDUWPHQWE\ of this section match the biometric data that
rule, that the person is a citizen or permanent are already in the department’s records for that
legal resident of the United States or is other- person; or
wise legally present in the United States in E7KHGHSDUWPHQWÀQGVWKDWWKHELRPHWULF
DFFRUGDQFHZLWKIHGHUDOLPPLJUDWLRQODZV data collected as required under subsection (1)
(b) A member of a federally recognized tribe of this section do not match biometric data in
ORFDWHGLQ2UHJRQRUZLWKDQ2UHJRQDIÀOLDWLRQ the department’s records for any other person
PD\VXEPLWDWULEDOLGHQWLÀFDWLRQFDUGDVSURRI and the department does not otherwise have
of legal presence in the United States if the reason to believe that the person is not who
department determines that the procedures 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 D ,QIRUP WKH SHUVRQ ZKR VXEPLWWHG WR
submitted a Social Security number only after collection of biometric data that the person’s
WKHGHSDUWPHQWYHULÀHVWKH6RFLDO6HFXULW\ identity was not established; and
number with the United States Social Security
$GPLQLVWUDWLRQ,QRUGHUWRYHULI\WKHSHUVRQ·V (b) Provide the person with the opportunity
Social Security number, the department may to establish the person’s identity by an alter-
UHTXLUHWKHSHUVRQWRSURYLGHSURRIDVGHÀQHG native method approved by the department by
E\UXOHRIWKHSHUVRQ·V6RFLDO6HFXULW\QXPEHU UXOH
(4) This section does not apply if the depart- ,IDSHUVRQ·VLGHQWLW\ZDVQRWHVWDEOLVKHG
PHQWSUHYLRXVO\YHULÀHGWKH6RFLDO6HFXULW\ as described in subsection (3) of this section
number as required by subsection (3) of this and the department has reason to believe
section and the person applying for the driver that the crime of identity theft, as described
OLFHQVHGULYHUSHUPLWRULGHQWLÀFDWLRQFDUGLV LQ256ZDVFRPPLWWHGE\WKHSHUVRQ
a citizen or permanent legal resident of the currently submitting to collection of biometric
8QLWHG6WDWHV>FF@ data or by a person who previously submitted to
collection of biometric data under the identity
9HULÀFDWLRQRILGHQWLW\VRXUFH of the person currently submitting to collection
documents. Prior to issuing, renewing or of biometric data, the department shall notify
replacing a driver license, driver permit or a law enforcement agency that has jurisdiction
LGHQWLÀFDWLRQFDUGWKH'HSDUWPHQWRI7UDQV- RYHUWKHFULPH
portation may verify with the issuing agency
the validity and completeness of each identity (7) The department by rule shall establish
VRXUFHGRFXPHQWSUHVHQWHGE\WKHDSSOLFDQW procedures for providing expedited processing
>F@ RIGULYHUOLFHQVHVGULYHUSHUPLWVRULGHQWLÀFD-
WLRQFDUGV
807.024 Collection of biometric data;
establishment of person’s identity; rules; (8) The department and employees of the
immunity. (1) A person who applies for issu- department are immune from liability for any
ance, renewal or replacement of a driver damages resulting from the issuance, renewal
OLFHQVHGULYHUSHUPLWRULGHQWLÀFDWLRQFDUG or replacement of a driver license, driver
shall submit to collection of biometric data SHUPLWRULGHQWLÀFDWLRQFDUGXQGHUDQRWKHU
by the Department of Transportation for the person’s identity if the employee who processed
SXUSRVHRIHVWDEOLVKLQJWKHSHUVRQ·VLGHQWLW\ the biometric data for a license, permit or
Submitting to collection of biometric data LGHQWLÀFDWLRQFDUGHVWDEOLVKHGWKHDSSOLFDQW·V
under this section does not excuse a person identity as described in subsection (3) of this
from responsibility for complying with require- VHFWLRQ>FF@
ments for proof of identity, age or residence 807.026 Management of biometric data.
SXUVXDQWWR256 (1) The Department of Transportation shall
(2) Notwithstanding subsection (1) of this retain biometric data collected by the depart-
VHFWLRQDQG256FWKHGHSDUWPHQW ment in the course of issuing, renewing or
by rule, may provide for issuance, renewal or replacing driver licenses, driver permits and
LGHQWLÀFDWLRQFDUGV
(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,
FFF farm machinery or farm supplies to or from a
FF@ farm;
807.032>FDUHSHDOHGE\ (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
(10) A person who has been declared a habit- (c) Making a declaration to be a resident
XDORIIHQGHUXQGHU256$SHUVRQ of this state for the purpose of obtaining, at
declared not eligible to be licensed under this resident rates, a state license or tuition fees
subsection may become eligible by having eli- at an educational institution maintained by
JLELOLW\UHVWRUHGXQGHU256 SXEOLFIXQGV
(11) A person whose driving privileges are (5) Notwithstanding subsection (4) of this
FDQFHOHGLQWKLVVWDWHXQGHU256XQWLO section, a person who is gainfully employed in
WKHSHUVRQLVHOLJLEOHXQGHU256 this state shall not be considered a resident of
(12) A person while the person’s driving the state if the person has taken no other steps
SULYLOHJHVDUHUHYRNHGLQWKLVVWDWH WREHFRPHDUHVLGHQW7KLVVHFWLRQDSSOLHVEXW
is not limited to, a student at an educational
(13) A person during a period when the per- institution maintained by public funds who is
son’s driving privileges are suspended in this SD\LQJQRQUHVLGHQWWXLWLRQUDWHV>F
VWDWH @
(14) A person who holds a current out-of- 807.065 Additional eligibility require-
state license or driver permit or a valid Oregon ments for persons under 18 years of age;
OLFHQVHRUGULYHUSHUPLW$SHUVRQZKRLVQRW provisional driver license. (1) The Depart-
eligible under this subsection may become eli- ment of Transportation may not issue a driver
gible by surrendering the license, driver permit license to a person who is under 18 years of age
or out-of-state license or driver permit to the XQOHVVWKHSHUVRQ
GHSDUWPHQW EHIRUH LVVXDQFH RI WKH OLFHQVH
Nothing in this subsection authorizes a person (a) Complies with the requirements of ORS
to continue to operate a motor vehicle on the DQG
basis of an out-of-state license or permit if the (b) Passes an examination designed to test
SHUVRQLVUHTXLUHGE\256WRREWDLQ the person’s knowledge and understanding of
DQ2UHJRQOLFHQVHRUSHUPLW safe driving practices, in addition to any exam-
(15) A person who has not complied with LQDWLRQUHTXLUHGXQGHU256
the requirements and responsibilities created (c) Has had, for at least six months prior
E\FLWDWLRQIRURUFRQYLFWLRQRIDWUDIÀFRIIHQVH to application for the license, an instruction
in another jurisdiction if an agreement under GULYHUSHUPLWLVVXHGXQGHU256RU
256DXWKRUL]HVWKHGHSDUWPHQWWR the equivalent of an instruction driver permit
ZLWKKROGLVVXDQFHRIDOLFHQVH issued by another state of the United States or
$SHUVRQZKRKDVQRWFRPSOLHGZLWKWKH by the District of Columbia;
UHTXLUHPHQWRI256>F G &HUWLÀHV WR WKH GHSDUWPHQW WKDW WKH
FFF person has had at least 50 hours of driving
FFF experience during which the person was super-
FFF vised by a person at least 21 years of age who
FFF has had a valid driver license for at least three
FFF years; and
FFF H &RPSOHWHV D WUDIÀF VDIHW\ HGXFDWLRQ
F@ course that meets standards developed by the
807.062 Domicile or residency require- GHSDUWPHQWXQGHU256,QOLHXRIFRP-
ment for driver license. (1) Unless otherwise SOHWLRQRIDWUDIÀFVDIHW\HGXFDWLRQFRXUVHD
VSHFLÀFDOO\SURYLGHGE\ODZLQRUGHUWREHHOLJL- person may certify to the department that the
ble for a driver license or permit issued by this person has had at least 50 hours of driving
state a person must be domiciled in or resident experience during which the person was super-
RIWKLVVWDWH 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 SDUDJUDSKGRIWKLVVXEVHFWLRQ
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)
)RUSXUSRVHVRIWKLVVHFWLRQ´GRPLFLOHµ (c), (d) and (e) of this section if the person has
KDVWKHPHDQLQJJLYHQLQ256 been issued a driver license by another state
and surrenders that license in order to get an
(4) For purposes of this section, a person is 2UHJRQOLFHQVH
a resident of this state if the person engages in
any gainful employment in this state or takes ,IWKHSHUVRQWDNHVEXWGRHVQRWSDVVD
any action to indicate the acquiring of resi- test that consists of an actual demonstration of
GHQFHLQWKLVVWDWH$FWLRQWRDFTXLUHUHVLGHQFH GULYLQJDELOLW\XQGHU256WKHGHSDUW-
includes, but is not limited to, doing any of the ment may not allow the person to perform the
IROORZLQJ demonstration again until the person has had
an instruction permit issued pursuant to ORS
(a) Remaining in this state for a consecutive IRUDSHULRGRIQRWOHVVWKDQRQHPRQWK
period of six months or more regardless of the
GRPLFLOHRIWKHSHUVRQ (4) A driver license issued pursuant to this
VHFWLRQVKDOOEHDSURYLVLRQDOGULYHUOLFHQVH
(b) Placing children in a public school with-
RXWSD\PHQWRIQRQUHVLGHQWWXLWLRQIHHV
(5) The department shall prominently iden- authorized representative of the community
tify each driver license issued pursuant to this college attended by the person that declares
VHFWLRQDVDSURYLVLRQDOGULYHUOLFHQVH> that the person is making satisfactory progress
FFF toward a high school diploma;
FFF@ (f) Provides the department with a form pro-
807.066 School requirements for per- vided by the department and signed by the
sons under 18 years of age. (1) Subject to authorized representative of the education
subsection (2) of this section, the Department service district or school district having juris-
of Transportation may not issue driving priv- diction over the area of the person’s residence
ileges to a person who is under 18 years of age that declares that the person is being taught
XQOHVV by a private teacher, legal guardian or parent
(a) The person has graduated from high LQFRPSOLDQFHZLWK256
school and provides the department with proof (g) Provides the department with docu-
of graduation satisfactory to the department; mentation satisfactory to the department
E7KHSHUVRQKDVUHFHLYHGD*HQHUDO(GX- that indicates that the person is exempted
FDWLRQDO'HYHORSPHQW*('FHUWLÀFDWHIURP from school attendance requirements due to
a community college and provides the depart- circumstances beyond the control of the person;
PHQWZLWKSURRIRIWKHFHUWLÀFDWHVDWLVIDFWRU\ or
to the department; or (h) Provides the department with documen-
(c) The person’s parent or legal guardian tation satisfactory to the department that the
FHUWLÀHVWKDWWKHSHUVRQLV SHUVRQLVH[HPSWXQGHU256IURP
WKHUHTXLUHPHQWWRDWWHQGVFKRRO>F
$(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
(([HPSWXQGHU256IURPWKH XQGHUVWDQGLQJRIWKHWUDIÀFODZVRIWKLVVWDWH
UHTXLUHPHQWWRDWWHQGVFKRRO safe driving practices and factors that cause
DFFLGHQWV7KHIROORZLQJDOODSSO\WRWKHWHVW
(2) The department may not issue driving XQGHUWKLVVXEVHFWLRQ
privileges to a person who is under 18 years
of age and whose driving privileges are sus- (a) The test may not cover any subject that is
SHQGHGXQGHU256IRUZLWKGUDZLQJ 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
'HYHORSPHQW*('FHUWLÀFDWHIURPDFRP- RIGULYLQJSULYLOHJHVJUDQWHGXQGHUWKHVSHFLÀF
munity college and provides the department FODVVRIOLFHQVHRUHQGRUVHPHQWVRXJKW
ZLWKSURRIRIWKHFHUWLÀFDWHVDWLVIDFWRU\WRWKH
department; (c) The test must include, but is not limited
WRWKHIROORZLQJVXEMHFWV
(c) Provides the department with a form pro-
vided by the department and signed by the $5LJKWVRISHGHVWULDQVZKRDUHEOLQG
principal, or the designee of the principal, of %7KHPHDQLQJRIRIÀFLDOWUDIÀFVLJQVDQG
the school attended by the person that declares VLJQDOV
that the person is enrolled in a school of this
state, or any other state or any other country; (C) Proper operating procedure in emer-
JHQF\VLWXDWLRQV
(d) Provides the department with a form
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
WRZDUGD*HQHUDO(GXFDWLRQDO'HYHORSPHQW RIDYHKLFOHDURXQGPRWRUF\FOLVWV
*('FHUWLÀFDWH
(e) Provides the department with a form pro-
vided by the department and signed by the
(2) The department may issue a valid license (b) Requirements for special mechanical
ZLWKRXWDSKRWRJUDSKWRDQDSSOLFDQW control devices on motor vehicles operated by
(a) Who objects on religious grounds; the person; or
(b) Who objects because of the applicant’s (c) Any other restrictions the department
IDFLDOGLVÀJXUHPHQWRU determines appropriate to ensure the safe
RSHUDWLRQRIDPRWRUYHKLFOHE\WKHSHUVRQ
(c) Who is stationed outside of this state
while serving in the active military service (3) The department shall place a restriction
in the Armed Forces of the United States or on the commercial driver license of a person
the National Guard, and the department does who performs the skill demonstration required
not have an acceptable photograph of the appli- XQGHU256IRULVVXDQFHRIDFRPPHU-
FDQWDVGHWHUPLQHGE\WKHGHSDUWPHQWE\UXOH 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 E ,V HTXLSSHG ZLWK DLU RYHU K\GUDXOLF
EUDNHV$LURYHUK\GUDXOLFEUDNHVLQFOXGHV
(b) The date on which the limited term any braking system operating partially by air
GULYHUOLFHQVHH[SLUHV SUHVVXUHDQGSDUWLDOO\E\K\GUDXOLFSUHVVXUH$
(4) The department shall use security restriction imposed under this paragraph pro-
procedures, processes and materials in the hibits the person from operating commercial
preparation, manufacture and issuance of motor vehicles equipped with service brakes
any license that prohibit as nearly as possible WKDWRSHUDWHVROHO\E\DLUSUHVVXUH
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 G8VHVDQ\FRQQHFWLRQRWKHUWKDQDÀIWK
(b) The production of the license only by wheel hitch between the power unit and a vehi-
HTXLSPHQWWKDWUHTXLUHVYHULÀFDWLRQRIWKH FOHWRZHGLQFRPELQDWLRQZLWKWKHSRZHUXQLW
identity of the operator of the equipment before A restriction under this paragraph prohibits
DOLFHQVHPD\EHSURGXFHG>F the person from operating a commercial motor
FFF vehicle in combination with any other vehicle
FFF XVLQJDÀIWKZKHHOKLWFKEHWZHHQWKHSRZHU
FFF XQLWDQGÀUVWWRZHGXQLW
FFF (4) The department shall place a restriction
FF@ on the commercial driver license and the com-
807.115 Duplicate images of photo- mercial learner driver permit of a person who
graphs. The Department of Transportation does not pass an air brakes knowledge test
shall retain a duplicate image of each pho- DGPLQLVWHUHGXQGHU2567KHUHVWULF-
tograph used on a driver license under the tion shall prohibit the person from operating a
SURYLVLRQVRI256RUDQLGHQWLÀFDWLRQ commercial motor vehicle with service brakes
FDUGXQGHU2567KHGXSOLFDWHVPD\ WKDWRSHUDWHIXOO\RUSDUWLDOO\E\DLUSUHVVXUH
not be made available to anyone other than (5) The department may impose restrictions
ODZHQIRUFHPHQWRIÀFLDOVDQGHPSOR\HHVRIWKH under this section by setting forth the restric-
GHSDUWPHQWDFWLQJLQDQRIÀFLDOFDSDFLW\> tions on the regular license form or by issuing
F@ DVSHFLDOIRUPIRUOLFHQVHVZLWKUHVWULFWLRQV
807.120 Restrictions generally. (1) The 7KHGHSDUWPHQWVKDOOSODFHUHVWULFWLRQV
Department of Transportation may place on driving privileges under this section when
restrictions on any driving privileges granted a RUGHUHG E\ D FRXUW XQGHU 256 RU
person if the department determines that there $Q\UHVWULFWLRQLPSRVHGXQGHUWKLV
is good cause to restrict the driving privileges subsection shall be made a part of the person’s
of the person in order to ensure the safe oper- driving record and shall remain in effect until
DWLRQRIDPRWRUYHKLFOHE\WKHSHUVRQ WKHFRXUWQRWLÀHVWKHGHSDUWPHQWLQZULWLQJ
(2) Restrictions placed on a driver license WKDWWKHUHVWULFWLRQVDUHUHPRYHG
or driver permit by the department under this (7) The department may impose restrictions
section shall be suitable to the driving abil- under this section on driving privileges that
ity of the person whose driving privileges are are restored after having been suspended
UHVWULFWHG7KHUHVWULFWLRQVPD\LQFOXGH RUUHYRNHG7KHUHVWULFWLRQVLPSRVHGXQGHU
(a) Restrictions on the type of motor vehicle this subsection may include any restrictions
the person may operate; that have been recommended by a convicting
PDJLVWUDWH
(2) Subsection (1) of this section applies (2) To qualify for renewal of a license under
to persons who are performing services in this section, a person must meet all of the
a location outside of the United States on a UHTXLUHPHQWVXQGHU256IRUWKHFODVV
YROXQWHHUEDVLVIRUDQRQSURÀWUHOLJLRXVFKDU- of license sought to be renewed, except that the
itable or relief organization, whether or not department may waive the examination under
such persons receive meals or lodging or reim- 256RIDSHUVRQDSSO\LQJIRUUHQHZDO
bursements or vouchers for meals, lodging or of a license unless the department has reason
H[SHQVHV WREHOLHYHWKDWWKHDSSOLFDQWLVQRWTXDOLÀHG
(3) The court shall dismiss the charge of to hold the license or unless the applicant for
operating a vehicle without driving privileges UHQHZDOKDVQRWSUHYLRXVO\EHHQH[DPLQHG
XQGHU256LIZKHQFKDUJHGDSHUVRQ (3) To receive a renewal under this sec-
described in subsection (2) of this section held tion, the license renewal fee and the Student
a valid driver license pursuant to subsection Driver Training Fund eligibility fee under ORS
RIWKLVVHFWLRQ>F@ PXVWEHSDLG
807.140 Notice prior to expiration; ,IDSHUVRQZKRDSSOLHVIRUDUHQHZDO
exceptions; effect of failure to notify; XQGHUWKLVVHFWLRQLVQRWTXDOLÀHGWRUHQHZ
records. (1) Before the expiration of any the class of license sought to be renewed, the
license or a license with an endorsement under department may issue the person any lower
the vehicle code, the Department of Trans- FODVVRIOLFHQVHIRUZKLFKWKHSHUVRQTXDOLÀHV
portation shall notify the person to whom the in lieu of renewing the person’s license for the
license was issued of the approaching expi- FODVVRIOLFHQVHKHOGE\WKHSHUVRQ
UDWLRQ:LWKLQDUHDVRQDEOHWLPHSULRUWRWKH (5) A license that is renewed under this
expiration date, the notice shall be mailed to section may be used on or after the date of
the person to whom the license was issued at LVVXDQFH,IWKHGHSDUWPHQWLVVXHVDOLFHQVH
WKHDGGUHVVVKRZQLQWKHÀOHVPDLQWDLQHGE\ renewal to a person under this section before
WKHGHSDUWPHQW the expiration of the license being renewed,
(2) The department is not required to notify WKH ROGHU OLFHQVH LV LQYDOLG $ OLFHQVH WKDW
the person of an approaching expiration if the becomes invalid under this subsection shall be
person’s license has been suspended, canceled GHVWUR\HGE\WKHSHUVRQWRZKRPLWZDVLVVXHG
or revoked or if the person has failed to notify ,I WKH DGGUHVV RI WKH DSSOLFDQW KDV
the department of a change of address as changed since the last time a license was
UHTXLUHGXQGHU256 issued to or renewed for the applicant, the
(3) Notwithstanding subsection (1) of this department shall require proof to verify the
section, the department is not required to address of an applicant for renewal of a license
notify the person of an approaching expiration in addition to anything else the department
if the person received a limited term driver PD\UHTXLUHRIWKHDSSOLFDQW7KHGHSDUWPHQW
license, limited term driver permit or limited shall adopt rules to identify what constitutes
WHUPLGHQWLÀFDWLRQFDUGXQGHU256 SURRIRIDGGUHVVIRUSXUSRVHVRIWKLVVXEVHFWLRQ
IRUDSHULRGRIOHVVWKDQRQH\HDU 9HULÀFDWLRQRISURRIRIDGGUHVVPD\LQFOXGHEXW
(4) Failure to receive a notice of expira- is not limited to, providing a utility bill, a tax
tion from the department is not a defense to UHWXUQDUHFRUGIURPDÀQDQFLDOLQVWLWXWLRQ
DFKDUJHRIGULYLQJZLWKDQH[SLUHGOLFHQVH a proof of insurance card or a health bene-
However, the court may dismiss the charge if ÀWVFDUGDVHOHFWLYHVHUYLFHFDUGDPRUWJDJH
the person renews the license before the sched- GRFXPHQWRUDOHDVHDJUHHPHQW7KHDSSOLFDQW
XOHGFRXUWDSSHDUDQFH may provide the proof of address by submitting
proof in the form of an original document or a
(5) The department’s responsibility to main- copy of a document, use an electronic device
tain records concerning notice under this to display proof of address, or provide proof
VHFWLRQLVDVSURYLGHGXQGHU256 WKURXJKWKHXVHRIDWKLUGSDUW\DGGUHVVYHULÀ-
>FFF FDWLRQV\VWHP>FF
FFF FFF
@ FFF@
807.150 Renewal; proof of address; 807.160 Replacement license or permit;
rules. (1) When a license expires or is about rules; fees. (1) The Department of Transpor-
to expire, the Department of Transportation tation shall establish by rule the reasons for
shall renew the license under this section if issuing a replacement driver license or driver
WKHKROGHURIWKHOLFHQVHTXDOLÀHVIRUUHQHZDO permit to a person who submits an application
RIWKHOLFHQVHXQGHUWKLVVHFWLRQDQG IRUWKHUHSODFHPHQW7KHUHDVRQVIRUUHSODFH-
(a) Applies for renewal within one year of ment shall include, but are not limited to,
the expiration of a similar license under ORS VLWXDWLRQVZKHQWKHSHUVRQ
RU (a) Furnishes proof satisfactory to the
(b) Applies for issuance of a license within department of the loss, destruction or muti-
six months after the applicant is discharged lation of the person’s driver license or driver
from the Armed Forces of the United States SHUPLW
and was licensed by this state at the time of (b) Changes residence address from the
WKHDSSOLFDQW·VHQWU\LQWRWKH$UPHG)RUFHV address noted on the person’s driver license
RUGULYHUSHUPLW
(3) An endorsement granted under this sec- driver license with a hazardous materials
WLRQLVVXEMHFWWRWKHIROORZLQJ HQGRUVHPHQW>FF@
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
F7KHDSSURSULDWHIHHXQGHU256 2567KLVUHTXLUHPHQWLVLQDGGLWLRQ
must be paid upon renewal of the endorsement WRDQ\RWKHUUHTXLUHPHQWIRUWKHHQGRUVHPHQW
in addition to any fee for renewal of the license
HQGRUVHG (2) Subsection (1) of this section does not
apply to a person applying for issuance of a
G([FHSWDVSURYLGHGXQGHU256RU PRWRUF\FOHHQGRUVHPHQWXQGHU256
DVVSHFLÀFDOO\SURYLGHGXQGHU256DQ ZKR
endorsement cannot be canceled, suspended or
UHYRNHGVHSDUDWHO\IURPWKHOLFHQVHHQGRUVHG (a) Currently holds a motorcycle endorse-
When an endorsed license is canceled, sus- ment issued by another state; or
pended or revoked, all endorsements on the E,VDSSO\LQJIRUDUHVWULFWHGPRWRUF\FOH
license are subject to the same cancellation, endorsement that only authorizes the person
VXVSHQVLRQRUUHYRFDWLRQDVWKHOLFHQVH to operate a motorcycle with more than two
(4) Before the department may renew any ZKHHOV>FF
license with a motorcycle endorsement, the FFF
applicant shall pay the department the Motor- FF@
cycle Safety Subaccount fee established under
(Permits)
256LQDGGLWLRQWRDQ\IHHIRUUHQHZDO
RIWKHOLFHQVH>FF 807.200 Types of permit. (1) The following
FFF permits may be issued as restricted Class C
FFF OLFHQVHV
F@
(a) Disability golf cart driver permits
807.173 Additional requirements for GHVFULEHGXQGHU256
hazardous materials endorsement; rules.
1RWZLWKVWDQGLQJ256WKH'HSDUW- E(PHUJHQF\GULYHUSHUPLWVGHVFULEHG
ment of Transportation may not issue or renew XQGHU256
a commercial driver license with a hazard- (c) Special student driver permits described
ous materials endorsement and may cancel a XQGHU256
commercial driver license with a hazardous
PDWHULDOVHQGRUVHPHQWLIDSHUVRQ (2) Hardship driver permits described under
256DQGSUREDWLRQDU\GULYHUSHUPLWV
(a) Does not complete and pass a security GHVFULEHGXQGHU256PD\EHLVVXHGDV
threat assessment from the federal Trans- &ODVV&OLFHQVHV5HVWULFWLRQVRQWKHOLFHQVHDUH
portation Security Administration, including DVSURYLGHGXQGHU256DQG
receipt by the department of a notice from
the federal Transportation Security Admin- ,QVWUXFWLRQGULYHUSHUPLWVGHVFULEHG
istration showing that the person does not XQGHU256PD\EHLVVXHGIRUD&ODVV
SRVHDVHFXULW\WKUHDW7KHGHSDUWPHQWVKDOO &OLFHQVH
establish by rule the process and frequency for (4) Motorcycle instruction driver permits
REWDLQLQJDVHFXULW\WKUHDWDVVHVVPHQW GHVFULEHGXQGHU256PD\EHLVVXHG
E,VDVVHVVHGDVDVHFXULW\WKUHDWE\WKH only to persons having a commercial driver
federal Transportation Security Administra- OLFHQVHRUD&ODVV&OLFHQVH
WLRQ7KHDVVHVVPHQWPXVWEHUHFHLYHGE\WKH (5) Commercial learner driver permits
department in the form of a notice from the fed- GHVFULEHGXQGHU256PD\EHLVVXHG
HUDO7UDQVSRUWDWLRQ6HFXULW\$GPLQLVWUDWLRQ for Class A, Class B or Class C commercial
F,VQRWD86FLWL]HQRUSHUPDQHQWOHJDO GULYLQJSULYLOHJHV>FEF
UHVLGHQWDVGHÀQHGE\WKHGHSDUWPHQWE\UXOH FFF
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(2) A person is entitled to administrative
UHYLHZXQGHU256ZKHQWKHGHSDUW- 807.210 Disability golf cart permit; fees.
ment does not issue or renew a commercial The Department of Transportation shall pro-
driver license with a hazardous materials vide for issuance of disability golf cart driver
endorsement under this section or cancels a permits in a manner consistent with this
commercial driver license with a hazardous VHFWLRQ$GLVDELOLW\JROIFDUWGULYHUSHUPLW
PDWHULDOVHQGRUVHPHQWXQGHUWKLVVHFWLRQ grants the driving privileges provided in this
VHFWLRQRUXQGHUWKHSHUPLW([FHSWDVRWKHU-
(3) To the extent possible, rules promulgated wise provided in this section, a disability golf
by the department under this section should cart driver permit is subject to the fees, pro-
be uniform with any applicable federal regu- visions, conditions, prohibitions and penalties
lations related to the holding of a commercial DSSOLFDEOHWRD&ODVV&OLFHQVH7KHIROORZLQJ
DSSO\WRDGLVDELOLW\JROIFDUWGULYHUSHUPLW
(1) The department shall issue a disability (d) The department may establish a form for
golf cart driver permit only to persons with the permit that differs from the form required
DPEXODWRU\GLVDELOLWLHV IRUDOLFHQVH
(2) The department shall issue a disabil- (e) The only fee required for issuance of
ity golf cart driver permit to an applicant the permit is the emergency driver permit fee
who would not qualify for a license because XQGHU256
of the person’s disability if the department (f) The department may establish a period
determines that the person’s disability does for the expiration of the permit that coincides
not prevent the person from reasonable and with the end of the emergency that is the basis
ordinary control of vehicles operated under IRUWKHSHUPLW
the permit when operated as allowed under
WKHSHUPLW (g) The department shall cancel the permit
if the department determines that the holder
,Q DGGLWLRQ WR DQ\ RWKHU UHVWULFWLRQV of the permit has operated a motor vehicle over
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 K,IDQHPHUJHQF\GULYHUSHUPLWLVFDQ-
speed designation not greater than 25 miles celed, the person issued the permit is ineligible
SHUKRXU to be issued another emergency driver permit
IRUDSHULRGRIRQH\HDU
(4) The department may require an applicant
for the permit to demonstrate that the appli- L ,Q DGGLWLRQ WR DQ\ RWKHU DSSOLFDWLRQ
FDQWLVTXDOLÀHGWRVDIHO\H[HUFLVHWKHGULYLQJ requirements for the emergency driver permit,
privileges granted under a disability golf cart the applicant must obtain the endorsement on
driver permit notwithstanding the disability the application of the sheriff of the county in
RIWKHSHUVRQ ZKLFKWKHDSSOLFDQWUHVLGHV
(5) The fees for issuance or renewal of a dis- (4) The department may issue an emergency
ability golf cart driver permit are the disability GULYHUSHUPLWLIWKHSHUVRQTXDOLÀHVIRUWKH
golf cart driver permit issuance or renewal fees permit, to a person whose driving privileges
HVWDEOLVKHGXQGHU2567KLVVXEVHF- DUHVXVSHQGHGXQGHU256EHFDXVH
tion only affects the fees payable for issuance the department has received an order suspend-
and renewal and is not an exemption from LQJGULYLQJSULYLOHJHVXQGHU256,Q
payment of other fees payable at the time of addition to other emergencies, a situation that
LVVXDQFHDQGUHQHZDORIDOLFHQVH leaves the applicant with no alternative means
to travel to and from school is an emergency
$SHUVRQZLWKDGLVDELOLW\JROIFDUWGULYHU for purposes of a permit issued under this sub-
permit who commits the offense of violation VHFWLRQ>FF
RIOLFHQVHUHVWULFWLRQVXQGHU256E\ FFF
driving on a road or street in an area with a FFF
speed designation greater than 25 miles per FF@
KRXUFRPPLWVD&ODVV'WUDIÀFYLRODWLRQ>
FFF 807.230 Special student driver permit;
F@ fees. The Department of Transportation shall
provide for issuance of special student driver
807.220 Emergency driver permit; fees. permits in a manner consistent with this sec-
(1) The Department of Transportation shall WLRQ$VSHFLDOVWXGHQWGULYHUSHUPLWJUDQWV
provide for the issuance of emergency driver the driving privileges provided in this section
permits in a manner consistent with this RUXQGHUWKHSHUPLW([FHSWDVRWKHUZLVHSUR-
VHFWLRQ vided in this section, a special student driver
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF- permit is subject to the fees, provisions, con-
tion an emergency driver permit is subject to ditions, prohibitions and penalties applicable
the fees, provisions, conditions, prohibitions WRD&ODVV&OLFHQVH7KHIROORZLQJDSSO\WRD
DQGSHQDOWLHVDSSOLFDEOHWRD&ODVV&OLFHQVH VSHFLDOVWXGHQWGULYHUSHUPLW
(3) The following apply to an emergency (1) The department may issue a special stu-
GULYHUSHUPLW dent driver permit to a person 14 years of age
(a) The department may issue an emergency RUROGHU
driver permit to a person 14 years of age or (2) The department shall place restrictions
ROGHU on the permit to limit operation of a vehi-
(b) The department shall place restrictions cle under the permit to operation necessary
on the permit that designate the routes over as a means of transportation to or from the
ZKLFKWKHSHUPLWLVYDOLG7KHGHSDUWPHQW school, college or other educational institution
shall designate routes it determines necessary attended by the person to whom the driver
IURPWKHIDFWVFUHDWLQJWKHHPHUJHQF\ SHUPLWLVLVVXHG
(c) The permit shall only be issued if the (3) The permit shall only be issued if the
GHSDUWPHQWLVVDWLVÀHGWKDWDQHPHUJHQF\ applicant has no other available means of
exists that requires operation of a motor vehi- transportation by which to continue the appli-
FOHE\WKHDSSOLFDQW FDQW·VHGXFDWLRQ
(4) The permit shall only be issued if the (3) To qualify for a hardship permit, a
GHSDUWPHQWLVVDWLVÀHGWKDWWKHDSSOLFDQWKDV person must do all of the following in addi-
KDGVXIÀFLHQWH[SHULHQFHLQWKHRSHUDWLRQRI tion to any applicable provisions under ORS
motor vehicles to operate a motor vehicle with- DQG
RXWHQGDQJHULQJWKHVDIHW\RIWKHSXEOLF (a) The person must submit to the depart-
(5) The department may establish a form for ment an application for the permit that
the permit that differs from the form required GHPRQVWUDWHVWKHSHUVRQ·VQHHGIRUWKHSHUPLW
IRUDOLFHQVHWKDWLVLVVXHG (b) The person must present satisfactory
7KHRQO\IHHUHTXLUHGIRULVVXDQFHRIWKH evidence, as determined by the department
permit is the special student driver permit fee E\UXOH
XQGHU256 (A) That the person must operate a motor
(7) The department shall cancel the permit vehicle as a requisite of the person’s occupation
if the department determines that the holder or employment;
of the permit has operated a motor vehicle over (B) That the person must operate a motor
any highway or for any purpose other than as vehicle to seek employment or to get to or from
DSSURYHGXQGHUWKHSHUPLW a place of employment;
,IDVSHFLDOVWXGHQWGULYHUSHUPLWLVFDQ- (C) That the person must operate a motor
celed, the person issued the permit is ineligible vehicle to get to or from an alcohol or drug
to be issued any license or driver permit until treatment or rehabilitation program;
the person is old enough to be eligible for a
OLFHQVH (D) That the person or a member of the
person’s immediate family requires medical
,Q DGGLWLRQ WR DQ\ RWKHU DSSOLFDWLRQ treatment on a regular basis and that the
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 (7KDWWKHSHUVRQ·VGULYLQJSULYLOHJHV
available means of transportation that would are suspended for driving uninsured in vio-
enable the applicant to continue the applicant’s ODWLRQRI256RUIRUYLRODWLRQRI256
education; RUDQGDUHQRWVXVSHQGHGIRU
(b) Specify the road or highway over which any other reason and that the person must
the applicant desires to operate motor vehicles; operate a motor vehicle in order to provide nec-
(c) Obtain the endorsement of the sheriff essary services to the person or to a member
of the county in which the applicant resides RIWKHSHUVRQ·VIDPLO\7KHGHSDUWPHQWVKDOO
and of the principal of the school the applicant determine by rule what constitutes necessary
attends; and VHUYLFHVIRUSXUSRVHVRIWKLVVXESDUDJUDSK
The rule shall include as necessary services,
(d) Provide any other information required but need not be limited to, grocery shopping,
E\WKHGHSDUWPHQW>F driving the person or the person’s children to
FFDF school, driving to medical appointments and
FFF@ FDULQJIRUHOGHUO\IDPLO\PHPEHUV
807.240 Hardship permit; fees; rules. F,IWKHSHUVRQLVDSSO\LQJIRUDSHUPLW
The Department of Transportation shall pro- because the person or a member of the person’s
vide for issuance of hardship driver permits immediate family requires medical treatment
LQDPDQQHUFRQVLVWHQWZLWKWKLVVHFWLRQ$ on a regular basis, the person must present,
hardship driver permit grants the driving in addition to any evidence required by the
privileges provided in this section or under department under paragraph (b) of this subsec-
WKHSHUPLW([FHSWDVRWKHUZLVHSURYLGHGLQ tion, a statement signed by a licensed physician
this section, a hardship driver permit is subject RUFHUWLÀHGQXUVHSUDFWLWLRQHUWKDWLQGLFDWHV
to the fees, provisions, conditions, prohibitions that the person or a member of the person’s
DQGSHQDOWLHVDSSOLFDEOHWRDOLFHQVH7KHIRO- immediate family requires medical treatment
ORZLQJDSSO\WRDKDUGVKLSGULYHUSHUPLW RQDUHJXODUEDVLV
(1) The department may only issue a permit (d) The person must show that the person is
to a person whose driving privileges under the not incompetent to drive nor a habitual incom-
YHKLFOHFRGHKDYHEHHQVXVSHQGHG petent, reckless or criminally negligent driver
([FHSWDVSURYLGHGLQ256WKH as established by the person’s driving record
department may reinstate the privilege to LQWKLVRUDQ\RWKHUMXULVGLFWLRQ
operate a motor vehicle of any person whose (e) The person must make a future respon-
license to operate a motor vehicle has been VLELOLW\ÀOLQJ
suspended by issuing the person a hardship
permit described under this section if such (f ) The person must submit any other
SHUVRQ TXDOLÀHV XQGHU WKLV VHFWLRQ 256 information the department may require for
DQG+RZHYHUWKH purposes of determining whether the person
department may not issue a hardship permit TXDOLÀHVXQGHUWKLVVHFWLRQ256
authorizing a person to drive a commercial DQG
PRWRUYHKLFOH ,IWKHGHSDUWPHQWÀQGVWKDWWKHSHUVRQ
meets the requirements of this section and
any applicable requirements under ORS
the department has reason to believe that the (5) A person whose driving privileges are
SHUVRQPD\ canceled under this section may regain the
D1RORQJHUEHTXDOLÀHGWRKROGDOLFHQVH canceled driving privileges only by reapplying
driver permit or endorsement; or for the privileges and establishing eligibility
DQGTXDOLÀFDWLRQIRUWKHGULYLQJSULYLOHJHVDV
(b) No longer be able to safely operate a SURYLGHGE\ODZ>FF
PRWRUYHKLFOH F@
,IDSHUVRQGRHVQRWDSSHDUEHIRUHWKH
department within a reasonable time after (Persons With Limited Vision)
receiving notice from the department under 'HÀQLWLRQVAs used in this sec-
this section or is unable to reestablish eligibil- WLRQDQG256DQG
ity to the satisfaction of the department under
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
FFF limited vision condition to use a bioptic tele-
F@ VFRSLFOHQVZKLOHRSHUDWLQJDPRWRUYHKLFOH
807.350 Cancellation of privileges; issu- ´5HKDELOLWDWLRQ WUDLQLQJ VSHFLDOLVWµ
ance of more limited license or permit. PHDQVDSHUVRQFHUWLÀHGE\WKH'HSDUWPHQW
(1) The Department of Transportation, at any of Transportation to provide a rehabilitation
time, may cancel the driving privileges or part WUDLQLQJSURJUDP
of the driving privileges granted any person
under any class of license or under any endorse- (5) “Special limited vision condition learn-
ment or any driver permit if the department HU·VSHUPLWµPHDQVDSHUPLWLVVXHGE\WKH
determines that the person no longer meets the department to a person with a limited vision
TXDOLÀFDWLRQVRUUHTXLUHPHQWVIRUWKHOLFHQVH condition that allows the person to enroll in a
HQGRUVHPHQWRUSHUPLW UHKDELOLWDWLRQWUDLQLQJSURJUDP>F
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(2)(a) The department may immediately
cancel the driving privileges granted any 807.359 Special limited vision condition
person under any class of license or under any learner’s permit. (1) A person with a limited
endorsement or any driver permit if the person vision condition may apply for a special limited
is unable to reestablish eligibility under ORS YLVLRQFRQGLWLRQOHDUQHU·VSHUPLWLIWKHSHUVRQ
DQGWKHGHSDUWPHQWGHWHUPLQHVWKDW D,VH[DPLQHGE\DOLFHQVHGYLVLRQVSHFLDO-
(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 E,VÀWWHGE\WKHOLFHQVHGYLVLRQVSHFLDOLVW
shall surrender to the department any license with a bioptic telescopic lens mounted on the
or driver permit issued for the driving privi- carrier lens;
OHJHV)DLOXUHWRFRPSO\ZLWKWKLVVXEVHFWLRQ
is subject to penalty as provided under ORS (c) Submits to the Department of Trans-
portation a report from the licensed vision
specialist certifying that the person meets
,IWKHGHSDUWPHQWFDQFHOVGULYLQJSULYL- the requirements of this subsection;
leges under this section, the department may
provide for the issuance of a license, driver (d) Submits proof to the department that the
permit or license with endorsement or limita- person is enrolled in a rehabilitation training
tions granting driving privileges for which the program; and
SHUVRQGRHVTXDOLI\RUPHHWWKHUHTXLUHPHQWV (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- (2) The department shall issue a special
ment issues a driver permit or license under limited vision condition learner’s permit to a
this subsection, as the department determines person who meets the requirements of subsec-
HTXLWDEOH tion (1) of this section upon application and
SD\PHQWRIWKHIHHXQGHU256
(d) To take the skills test for a Class B com- (23) Hardship driver permit application fee
PHUFLDOGULYHUOLFHQVH XQGHU256
(e) To take the knowledge test for a Class C (24) Fee for reinstatement of revoked driving
FRPPHUFLDOGULYHUOLFHQVHRUSHUPLW SULYLOHJHVXQGHU256
(f) To take the skills test for a Class C com- (25) Fee for reinstatement of suspended
PHUFLDOGULYHUOLFHQVH GULYLQJSULYLOHJHVXQGHU256
(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 (GLWLRQWKHVDPHDVWKH
7UDQVSRUWDWLRQDFFHSWVDFHUWLÀFDWHRIFRP- fee for reinstatement of suspended driving
SHWHQF\LVVXHGXQGHU256LQ SULYLOHJHV
addition to the fee under subsection (7) of this (27) Fee for a special limited vision condition
VHFWLRQ OHDUQHU·VSHUPLWXQGHU256
(10) Notwithstanding subsection (7) of this (28)(a) License issuance fee for a Class C
section, for original issuance of a school bus OLPLWHGWHUPOLFHQVH
endorsement to a person who has a commercial
GULYHUOLFHQVHZLWKDSDVVHQJHUHQGRUVHPHQW (b) Fee to take the knowledge test for a Class
&OLPLWHGWHUPOLFHQVH
(a) $21; or
(c) Fee to take the skills test for a Class C
ELIWKHGHSDUWPHQWDFFHSWVDFHUWLÀ- OLPLWHGWHUPOLFHQVH
FDWHRIFRPSHWHQF\LVVXHGXQGHU256
(29) License issuance fee for a restricted
)RUDIDUPHQGRUVHPHQW &ODVV&OLPLWHGWHUPOLFHQVH
(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
HQGRUVHPHQWV OLFHQVHFRQWDLQVHQGRUVHPHQWV
(a) For a hazardous materials endorsement, (31) License renewal fee for a limited term
FRPPHUFLDOGULYHUOLFHQVH
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
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(20) Student Driver Training Fund eligibil- issued, renewed or replaced, for the purpose of
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establishing and maintaining a database used
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(22) Probationary driver permit application 807.390 Waiver of certain fees; rules. (1)
IHHXQGHU256 The Department of Transportation, by rule,
may provide for a waiver of the fee under ORS
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(a) A person requests a change in informa- card, a selective service card, a mortgage doc-
tion contained on a license or driver permit XPHQWRUDOHDVHDJUHHPHQW7KHDSSOLFDQW
or the department determines such change is may provide the proof of address by submitting
QHFHVVDU\ proof in the form of an original document or a
(b) The change in information requested copy of a document, use an electronic device
under this subsection is generally accomplished to display proof of address, or provide proof
under procedures that do not require the issu- through the use of a third party address veri-
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department does not generally issue a new to operate a motor vehicle and is to be used
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FF@ 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;
replacement; cancellation; rules. (1) The ,IWKHLGHQWLÀFDWLRQFDUGLVDOLPLWHG
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 8SRQRUGHURIWKHMXYHQLOHFRXUWWKH
in the United States or, if the person is not department shall include on the card the fact
eligible for a Social Security number, proof of WKDWWKHSHUVRQLVVXHGWKHLGHQWLÀFDWLRQFDUG
legal presence in the United States and proof LVDQHPDQFLSDWHGPLQRU
that the person is not eligible for a Social Secu-
rity number; (7) Upon request of the person to whom the
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(c) Does not have a current, valid driver of proof, as determined by the department by
license; UXOHWKDWWKHSHUVRQLVDYHWHUDQDVGHÀQHGLQ
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legal name, age and identity as the department WKHFDUGWKHIDFWWKDWWKHSHUVRQLVDYHWHUDQ
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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FDUGV card or a renewal thereof shall be the fee estab-
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The department shall require proof to verify if the holder of the card changes the hold-
the address of an applicant for issuance of an er’s residence address from that shown on
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card was issued to or renewed for the applicant, ,IDSHUVRQWRZKRPDQLGHQWLÀFDWLRQ
the department shall require proof to verify card was issued and who changes the per-
the address of the applicant for renewal of an son’s residence address appears in person at
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card automatically becomes invalid if the appli- penalty. (1) A person commits the offense of
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without the authority of the Department of
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(5) For issuance of an original limited term cards, licenses, permits, forms or camera cards
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WLÀFDWLRQFDUG>F XQODZIXOSURGXFWLRQRILGHQWLÀFDWLRQFDUGV
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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 of committing the offense and the person pro-
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offense of failure to notify the Department of solely for the purpose of enabling the person to
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holder name or address if the person does not
notify the department in a manner authorized (b) Was under 18 years of age at the time
by the department by rule upon any change of of committing the offense and the person pro-
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solely for the purpose of enabling the person to
(a) Residence address from that noted on the purchase tobacco products or inhalant delivery
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(b) Name from that noted on the person’s $>FF
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FKDQJHRIQDPHE\PDUULDJH 807.510 Transfer of documents for pur-
1RWLFHUHTXLUHGXQGHUWKLVVHFWLRQ poses of misrepresentation; penalty. (1) A
person commits the offense of transfer of doc-
(a) Must be given within 30 days of the uments for the purposes of misrepresentation
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(b) Must be given in person for a change of (a) Manufactures, produces, sells, offers for
QDPH sale or transfers to another person any doc-
(3) The department shall note on its records XPHQWSXUSRUWLQJWREHDFHUWLÀHGFRS\RID
any change reported to the department under UHFRUGRIDOLYHELUWKFHUWLÀFDWHRIEDSWLVP
WKLVVHFWLRQ driver license or any other document desig-
nated by the Department of Transportation
(4) The offense described in this section, by rule as acceptable for establishing age or
failure to notify department on change of identity; and
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FF@ document may be used to represent a person as
another person in obtaining documents issued
by a government agency to grant driving priv- (2) The offense described in this section,
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(2) The offense described in this section, YLRODWLRQ>FF@
transfer of documents for purposes of misrep- 807.560 Failure to notify department
UHVHQWDWLRQLVD&ODVV$PLVGHPHDQRU> upon change of address or name; rules;
FFF penalty. (1) A person to whom a license or
F@ driver permit is issued commits the offense
807.520 False swearing to receive of failure to notify upon change of driver
license; penalty. (1) A person commits the address or name if the person does not notify
offense of false swearing to receive a driver the Department of Transportation in a manner
OLFHQVHLIWKHSHUVRQPDNHVDQ\IDOVHDIÀGDYLW authorized by the department by rule upon any
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PDWWHUUHTXLUHGWREHVZRUQWRRUDIÀUPHG (a) Residence from that noted on the person’s
in the process of applying for, receiving and license or driver permit as issued;
holding a license or driver permit under the (b) Name from that noted on the person’s
YHKLFOHFRGH license or driver permit as issued, including
(2) The offense described in this section, a change of name by marriage; or
false swearing to receive a driver license, is a (c) Place of employment, if the person is
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807.530 False application for license; RUDQHOLJLEOHHPSOR\HHDVGHÀQHG
penalty. (1) A person commits the offense of LQ256ZKRVHSODFHRIHPSOR\PHQW
providing a false application for a license if address is noted on department records in
the person in applying for a license or driver DFFRUGDQFHZLWK256RU
permit or for renewal or replacement thereof 1RWLFHUHTXLUHGXQGHUWKLVVHFWLRQ
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or identity; (b) Must be given in person for a change of
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(3) Failure to notify upon change of driver
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(d) Makes a false statement; >FFF
(e) Conceals a material fact; FFF@
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tion documents; license; penalty. (1) A person commits the
offense of failure to carry a license or to present
(g) Allows another person to take any test DOLFHQVHWRDSROLFHRIÀFHULIWKHSHUVRQHLWKHU
related to issuance of a license or permit on
behalf of the applicant; or (a) Drives any motor vehicle upon a highway
in this state without a license, driver permit or
(h) Otherwise commits fraud in the out-of-state license in the person’s possession;
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(2) The offense described in this section, (b) Does not present and deliver such license
providing a false application for a license, is a RUSHUPLWWRDSROLFHRIÀFHUZKHQUHTXHVWHGE\
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(A) Upon being lawfully stopped or detained
807.540 Failure to surrender prior ZKHQGULYLQJDYHKLFOH
license; penalty. (1) A person commits the
offense of failing to surrender a prior license (B) When the vehicle that the person was
if the person accepts a license or driver permit GULYLQJLVLQYROYHGLQDQDFFLGHQW
issued by the Department of Transportation (2) This section does not apply to any person
WRWKDWSHUVRQZLWKRXWÀUVWVXUUHQGHULQJDOO H[SUHVVO\H[HPSWHGXQGHU256IURP
out-of-state licenses or driver permits issued the requirement to have a driver license or
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(2) The offense described in this section, ([FHSWDVSURYLGHGLQ256LW
failure to surrender a prior license, is a Class is a defense to any charge under this section
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FF@ driver permit or out-of-state license that had
807.550 Holding multiple licenses; been issued to the person and was valid at the
penalty. (1) A person commits the offense of WLPHRIYLRODWLRQRIWKLVVHFWLRQ
holding multiple licenses if the person applies $ SROLFH RIÀFHU PD\ GHWDLQ D SHUVRQ
for and accepts a license or driver permit, other arrested or cited for the offense described in
than an instruction driver permit, when the this section only for such time as reasonably
person holds an existing license or driver necessary to investigate and verify the person’s
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card for the establishment or maintenance of emergency assistance to the individual who
a contract shall be limited to the following is unconscious or otherwise unable to make the
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(A) Name;
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vate entity to swipe the individual’s driver recover actual damages or $1,000, whichever
OLFHQVHRULGHQWLÀFDWLRQFDUGWKHSULYDWHHQWLW\ is greater, and to obtain equitable relief, if
may manually collect the following information equitable relief is available, against an entity
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(B) Address; a prevailing plaintiff reasonable costs and
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(d) The private entity may not withhold the
provision of goods or services solely as a result (9) Any waiver of a provision of this section
of the individual requesting the collection of is contrary to public policy and is void and
the following information from the individual XQHQIRUFHDEOH>F@
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(A) Name;
CHAPTER 808
(B) Address;
(C) Date of birth; and [Reserved for expansion]
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SUSPENSION AND REVOCATION; IMPOUNDMENT
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-
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offense involving the possession, use or abuse
(b) Does not pose a threat to the safety of RIDOFRKRO
the public; and
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F,IWKHVHQWHQFHIRUWKHFULPHIRUZKLFK driving privileges under this section, the court,
the petitioner’s driving privileges were revoked upon petition of the person, may review the
required the petitioner to complete an alcohol order and may withdraw the order at any time
or drug treatment program, has completed an the court deems appropriate except as provided
alcohol or drug treatment program in a facility LQWKHIROORZLQJ
approved by the Director of the Oregon Health
Authority or a similar program in another (a) A court may not withdraw an order for a
MXULVGLFWLRQ period of 90 days following the issuance of the
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(5) Upon receiving a court order to restore UHVSHFWWRWKHSHUVRQ
a person’s driving privileges, the department
may reinstate driving privileges in accordance (b) A court may not withdraw an order for
ZLWK256H[FHSWWKDWWKHGHSDUWPHQW a period of one year following the issuance of
may not reinstate driving privileges of any the order if it is the second or subsequent such
person whose privileges are revoked under RUGHULVVXHGZLWKUHVSHFWWRWKHSHUVRQ
this section until the person complies with (c) Notwithstanding paragraph (a) of this
IXWXUHUHVSRQVLELOLW\ÀOLQJV>F subsection, a court may not withdraw an order
FFF for a period of six months if the order is based
FFF on a determination or conviction involving
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809.240 Court-ordered suspension or (4) Upon receipt of an order under this
revocation; taking possession of license section, the department shall take action as
or permit; temporary permit. ,IDSHUVRQ GLUHFWHGXQGHU256>F
is convicted of an offense that will result in FFF
mandatory suspension or revocation under FFF@
256WRRU 809.265 Suspension for inhalant or con-
RUDQ\RWKHUODZUHTXLULQJVXVSHQVLRQ trolled substances conviction. (1) Unless
or revocation of driving privileges upon con- WKHFRXUWÀQGVFRPSHOOLQJFLUFXPVWDQFHVQRW
YLFWLRQRIDQRIIHQVHWKHWULDOMXGJHVKDOO to order suspension of driving privileges, the
(a) Order the revocation or suspension at the court in which a person is convicted of an
time of conviction for the required period; and offense described in this subsection shall order
(b) Comply with the requirements under VXVSHQVLRQRIWKHSHUVRQ·VGULYLQJSULYLOHJHV
256WRWDNHSRVVHVVLRQRIWKHOLFHQVH This subsection applies when a person is con-
RUGULYHUSHUPLWRIWKHSHUVRQ YLFWHGRI
(2) When necessary to give full effect to this (a) Any offense involving manufacturing,
section, a court shall issue a temporary driver possession or delivery of controlled substances,
SHUPLWXQGHU256>F except for possession of less than one avoirdu-
FFF pois ounce of marijuana as described in ORS
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809.260 Court-ordered suspension of VXEVWDQFH
driving privileges for convicted juvenile.
(1) Whenever a person who is 17 years of age (2) The court in which a person is convicted
or younger, but not younger than 13 years of of possession of less than one avoirdupois ounce
age, is convicted of any offense described in RIPDULMXDQDDVGHVFULEHGLQ256
this subsection or determined by a juvenile may order suspension of the person’s driving
court to have committed one of the described privileges if the person is under 18 years of age
offenses, the court in which the person is con- and the court determines that suspension of
victed shall order suspension of the person’s the person’s driving privileges is necessary for
GULYLQJSULYLOHJHV7KLVVXEVHFWLRQDSSOLHVWR WKHVDIHW\RIWKHFRPPXQLW\7KHFRXUWVKDOO
256DQGWRDQ\RIIHQVHLQYROYLQJWKH LQGLFDWHWKHÀQGLQJVVXSSRUWLQJWKHVXVSHQ-
delivery, manufacture or possession of con- VLRQLQWKHMXGJPHQW
WUROOHGVXEVWDQFHV (3) Upon receipt of an order under this
(2) Whenever a person who is 20 years section, the department shall take action as
of age or younger, but not younger than 13 GLUHFWHGXQGHU256>F
years of age, at the time of committing any FFF
offense described in this subsection, is con- F@
victed or determined by a juvenile court to
(Additional Authority of Court) (c) The department shall take action on the
suspension or reinstatement as provided under
809.267 Additional fee upon notice of 256
suspension or restriction. A court shall add
a $15 fee to the judgment in any case in which (d) The judge shall comply with the require-
the court gives notice to the Department of PHQWVXQGHU256WRWDNHSRVVHVVLRQ
Transportation of the suspension or restric- RIWKHOLFHQVHRUSHUPLWRIWKHSHUVRQ>
WLRQRIDGHIHQGDQW·VGULYLQJSULYLOHJHV7KHIHH FFF@
shall be added to the judgment without further
notice to the defendant or further order of the (Procedures Following Court
FRXUW7KLVVHFWLRQDSSOLHVWRVXVSHQVLRQVRU Suspension or Revocation)
restrictions ordered by a court for failure of a 809.275 Court to take possession of
person to comply with a court order or with any license or permit; effective date of sus-
conditions imposed by the court, for failure to pension or revocation. (1) A court shall take
SD\DÀQHRUIRUIDLOXUHWRDSSHDUDVUHTXLUHG immediate possession of any license or driver
E\256>FF permit held by a defendant that is issued by
F@ any jurisdiction if the court orders a suspen-
809.270 Driver improvement course; VLRQRUUHYRFDWLRQXQGHU256
enforcement by suspension or restriction
of privileges. (1) A court may require that a RU
GHIHQGDQWFRQYLFWHGRIDWUDIÀFRIIHQVHVXF- (2) Upon taking possession of a license
FHVVIXOO\FRPSOHWHZLWKLQDWLPHÀ[HGE\WKH or permit under this section, a court shall
judge, a defensive driving or other appropriate immediately forward to the Department of
driver improvement course conducted by the Transportation the license or permit and a copy
Department of Transportation or any other of the suspension or revocation order or other
rehabilitative program and may use the sus- information satisfactory to the department and
pension or restriction of the person’s driving WRWKH6WDWH&RXUW$GPLQLVWUDWRU
privileges or right to apply for driving privi-
OHJHVWRHQIRUFHWKHUHTXLUHPHQWE\RUGHULQJ (3) A suspension or revocation of driving
privileges becomes effective on the date a
(a) The suspension until the defendant suc- court takes possession of a license or permit
cessfully completes the program; or under this section or orders the suspension or
(b) The suspension or restriction if the UHYRFDWLRQ
defendant fails to successfully complete the (4) The department is not required to provide
SURJUDP further notice of a suspension or revocation
(2) The authority granted under this sec- RUGHUHGE\WKHFRXUW
WLRQLVLQDGGLWLRQWRDQ\ÀQHRULPSULVRQPHQW (5) Nothing in this section requires a court
authorized by law, including probation and to take additional action, after the conclusion
suspension of imposition or execution of any of the sentencing hearing, to secure the driver
VHQWHQFHXSRQFRQGLWLRQVRUGHUHGE\WKHFRXUW OLFHQVHRUGULYHUSHUPLW>)RUPHUO\
,IDFRXUWSODFHVUHVWULFWLRQVRQGULYLQJ F@
SULYLOHJHVXQGHUWKLVVHFWLRQ 809.280 Department procedures fol-
(a) The judge shall immediately advise the lowing court order of suspension or
GHSDUWPHQWRIWKHUHVWULFWLRQVLQZULWLQJ revocation; length of suspension or
(b) Upon removal of such restrictions, the revocation. (1) Upon receipt of a court order
court shall notify the department in writing XQGHU256WKH'HSDUWPHQWRI7UDQV-
WKDWWKHUHVWULFWLRQLVHQGHG portation shall suspend the person’s driving
SULYLOHJHV7KHVXVSHQVLRQVKDOOUHPDLQLQ
(c) The restriction shall remain in effect HIIHFWXQWLOWKHGHSDUWPHQWLVQRWLÀHGE\WKH
XQWLOHQGHGE\WKHFRXUW court that the suspension is ended, except
(d) The department shall take action as that, if the department is ordered to automat-
SURYLGHGXQGHU256RQUHVWULFWLRQV ically reinstate the driving privileges upon
LPSRVHGXQGHUWKLVVHFWLRQ the successful completion of a program, the
department shall do so and shall notify the
(e) The restrictions may include any restric- judge that the person has complied with the
WLRQFRQGLWLRQRUUHTXLUHPHQW RUGHURIWKHMXGJH
(f) Violation of the restriction is punishable (2) Upon receipt of a court order under ORS
DVSURYLGHGXQGHU256 WKHGHSDUWPHQWVKDOOVXVSHQGWKH
,I VXVSHQVLRQ LV RUGHUHG XQGHU WKLV SHUVRQ·VGULYLQJSULYLOHJHV7KHVXVSHQVLRQ
VHFWLRQ VKDOOEHIRUWKHSHULRGRUGHUHGE\WKHFRXUW7KH
court may only order suspension for a period
(a) The court shall so notify the department QRWWRH[FHHGGD\V
and the department shall impose the suspen-
sion of the driving privileges as provided under (3) Upon receipt of a court notice under
256 256RIDQXQVHWWOHGMXGJPHQWWKH
department shall suspend the person’s driving
(b) The court shall notify the department privileges and, subject to any other require-
of reinstatement after any suspension ordered ments of law, reinstate the driving privileges
XQGHUWKLVVHFWLRQ XSRQDSSURSULDWHQRWLÀFDWLRQIURPWKHFRXUW
(j) The suspension was the result of an error offender, the person must meet the additional
committed by an insurance company in notify- eligibility requirements for reinstatement of
ing the department regarding the correctness GULYLQJSULYLOHJHVXQGHU256DQG
RIDFHUWLÀFDWLRQXQGHU256
(k) The suspension occurred because the (4) The Department of Transportation may
person failed to make future responsibility issue new driving privileges to a person before
ÀOLQJVEXWWKHGHSDUWPHQWODWHUGHWHUPLQHV the expiration of the revocation period if the
that the reason for the failure was that the person is otherwise entitled to be issued driv-
person was a military reservist or a member ing privileges and when, with reference to
of a national guard unit that was ordered to a conviction upon which the revocation was
active military duty to a location outside of the based, the Governor has pardoned the person
8QLWHG6WDWHV7KHHIIHFWLYHGDWHRIWKHPLOL- RIWKHFULPH
tary orders must be prior to the effective date (5) The department shall not issue any driv-
of a suspension issued by the department for LQJSULYLOHJHVLQFRQWUDGLFWLRQWRWKLVVHFWLRQ
IDLOXUHWRPDNHDIXWXUHUHVSRQVLELOLW\ÀOLQJ
,IWKHSHUVRQIDLOVWRVXUUHQGHUWRWKH
(L) The department issued the suspension department any license or driver permit issued
without error because the department received as evidence of driving privileges that are
a notice to suspend from a court under ORS revoked, the person is subject to the penalty
RUEXWWKHGHSDUWPHQWODWHU XQGHU256
determines that the person in fact was in com-
pliance with the requirements of the court prior (7) No reinstatement of revoked driving priv-
WRWKHHIIHFWLYHGDWHRIWKHVXVSHQVLRQ ileges will be made by the department until the
fee for reinstatement of revoked driving priv-
(7) The department shall waive the rein- LOHJHVHVWDEOLVKHGXQGHU256LVSDLG
statement fee for a person whose driving WRRUZDLYHGE\WKHGHSDUWPHQW7KHGHSDUW-
SULYLOHJHVZHUHVXVSHQGHGXQGHU256 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>FF
vides the department with proof of graduation FFF@
satisfactory to the department; or 809.400 Suspension or revocation for
E +DV UHFHLYHG D *HQHUDO (GXFDWLRQDO out-of-state conviction. D([FHSWDV
'HYHORSPHQW*('FHUWLÀFDWHIURPDFRP- otherwise provided in paragraph (b) of this
munity college and provides the department subsection, the Department of Transportation
ZLWKSURRIRIWKHFHUWLÀFDWHVDWLVIDFWRU\WRWKH may suspend or revoke the driving privileges of
GHSDUWPHQW>FF any resident of this state upon receiving notice
FFFD of the conviction of such person in another
FFF jurisdiction of an offense therein that, if com-
FFF mitted in this state, would be grounds for the
FFF suspension or revocation of the driving privi-
FF@ OHJHVRIWKHSHUVRQ$VXVSHQVLRQRUUHYRFDWLRQ
809.390 Period of revocation; effect; under this subsection shall be initiated within
reinstatement; fee. All of the following apply GD\VRIUHFHLSWRIQRWLFHRIWKHFRQYLFWLRQ
to a person whose driving privileges have been Violation of a suspension or revocation imposed
UHYRNHG under this subsection shall have the same
legal effects and consequences as it would if
(1) The period of revocation shall last as long the offense committed in the other jurisdiction
DVUHTXLUHGIRUWKHUHYRFDWLRQE\ODZ KDGEHHQFRPPLWWHGLQWKLVMXULVGLFWLRQ
(2) During the period of revocation, the (b) The department may not suspend or
person is not entitled to exercise any driving revoke driving privileges under this subsection
privileges in this state or to apply for or receive unless notice of conviction is received within
any driving privileges in this state except GD\VRIWKHGDWHRIWKHFRQYLFWLRQ
when a person who has been determined to
be a habitual offender is permitted to obtain (2) The department may suspend or revoke
driving privileges under a probationary driv- the driving privileges of any resident of this
LQJSHUPLWDVGHVFULEHGXQGHU256 state upon receiving notice from another
DQG7KLVVXEVHFWLRQSURKLELWVWKH state, territory, federal possession or district
issuance of any driver permit, including a or province of Canada that the person’s driving
KDUGVKLSSHUPLWGHVFULEHGXQGHU256 privileges in that jurisdiction have been sus-
to a person whose driving privileges or right to SHQGHGRUUHYRNHG9LRODWLRQRIWKHVXVSHQVLRQ
apply for driving privileges are revoked except or revocation shall have the same legal effects
as provided for the probationary driving permit and consequences as it would if the suspension
XQGHU256 or revocation had been imposed initially in this
VWDWHXSRQWKHVDPHJURXQGV7KHVXVSHQVLRQ
(3) Upon expiration of the revocation period, or revocation under this subsection shall con-
the person must reapply for driving privileges tinue until the person suspended or revoked
in the manner established by law and must IXUQLVKHVHYLGHQFHRIDQ\RIWKHIROORZLQJ
reestablish the person’s eligibility for issuance
RI GULYLQJ SULYLOHJHV ,I GULYLQJ SULYLOHJHV (a) Compliance with the law of the other
are revoked because the person is a habitual jurisdiction or the restoration of driving priv-
LOHJHVLQWKDWMXULVGLFWLRQ
(b) That the revocation or suspension in the or any other crimes arising from the same
other jurisdiction was not under circumstances criminal episode, includes incarceration, no
that would require the department to suspend sooner than 10 years from the date the person
or revoke the driving privileges of the person is released from incarceration for all crimes
XQGHUWKHODZVRIWKLVVWDWH arising out of the same criminal episode; or
(3) A person is entitled to administrative E,IWKHVHQWHQFHIRUWKHFULPHIRUZKLFK
UHYLHZ RI D VXVSHQVLRQ XQGHU WKLV VHFWLRQ the person’s driving privileges were revoked
>FFF and any other crimes arising from the same
FFF criminal episode does not include incarcera-
FFF tion, no sooner than 10 years from the date
@ the department revoked the privileges under
809.404>FF WKLVVXEVHFWLRQ
FUHSHDOHGE\F@ D([FHSWDVSURYLGHGLQSDUDJUDSKVE
809.405 > F F and (c) of this subsection, the department shall
UHSHDOHGE\F@ take action under subsection (1) of this section
upon receipt of a record of conviction of failure
&DQFHOODWLRQDQGGLVTXDOLÀ- to perform the duties of a driver to injured
cation from holding driver license with SHUVRQVXQGHU256
Class A or Class B farm endorsement. (1)
The Department of Transportation shall cancel (b) The department shall revoke driving
a driver license with a Class A or Class B farm privileges under this subsection for a period of
endorsement or deny a person the right to apply three years if the court indicates on the record
for a Class A or Class B farm endorsement if of conviction that a person sustained serious
the person’s commercial driving privileges are SK\VLFDOLQMXU\DVGHÀQHGLQ256DVD
VXVSHQGHGXQGHU256 UHVXOWRIWKHDFFLGHQW7KHSHUVRQPD\DSSO\IRU
reinstatement of privileges three years after
,IWKHGHSDUWPHQWFDQFHOVDGULYHUOLFHQVH the date the person was released from incar-
with a Class A or Class B farm endorsement FHUDWLRQLIWKHVHQWHQFHLQFOXGHVLQFDUFHUDWLRQ
under this section, the person whose license is ,IWKHVHQWHQFHGRHVQRWLQFOXGHLQFDUFHUDWLRQ
canceled is entitled to an administrative review the person may apply for reinstatement three
XQGHU256>FF years from the date the revocation was imposed
@ XQGHUWKLVVXEVHFWLRQ
809.407>FF (c) The department shall revoke driving
FUHQXPEHUHGLQ@ privileges under this subsection for a period of
809.409 Revocation for conviction of ÀYH\HDUVLIWKHFRXUWLQGLFDWHVRQWKHUHFRUGRI
crime. (1)(a) Upon receipt of a record of con- conviction that a person was killed as a result
viction of an offense described in this section, RIWKHDFFLGHQW7KHSHUVRQPD\DSSO\IRUUHLQ-
the Department of Transportation shall revoke VWDWHPHQWRISULYLOHJHVÀYH\HDUVDIWHUWKHGDWH
WKHGULYLQJSULYLOHJHVRIWKHSHUVRQFRQYLFWHG the person was released from incarceration, if
WKHVHQWHQFHLQFOXGHVLQFDUFHUDWLRQ,IWKHVHQ-
(b) A person is entitled to administrative tence does not include incarceration, the person
UHYLHZXQGHU256RIDUHYRFDWLRQ PD\DSSO\IRUUHLQVWDWHPHQWÀYH\HDUVIURPWKH
XQGHUWKLVVHFWLRQ date the revocation was imposed under this
F([FHSWDVRWKHUZLVHSURYLGHGLQVXEVHF- VXEVHFWLRQ
tions (2) and (3) of this section, the revocation (4) The department shall take action under
shall be for a period of one year from the date subsection (1) of this section upon receipt of a
of revocation, except that the department may record of conviction of perjury or the making of
not reinstate driving privileges of any person DIDOVHDIÀGDYLWWRWKHGHSDUWPHQWXQGHUDQ\
whose privileges are revoked under this section law of this state requiring the registration of
until the person complies with future respon- vehicles or regulating their operation on the
VLELOLW\ÀOLQJV KLJKZD\V
(2) The department shall take action under (5) The department shall take action under
subsection (1) of this section upon receipt of a subsection (1) of this section upon receipt of a
record of conviction of aggravated vehicular record of conviction of any felony with a mate-
homicide or aggravated driving while sus- rial element involving the operation of a motor
pended or revoked or any degree of murder, YHKLFOH>FF
manslaughter or criminally negligent homicide FFF
resulting from the operation of a motor vehicle F@
RUDVVDXOWLQWKHÀUVWGHJUHHUHVXOWLQJIURPWKH
operation of a motor vehicle, except that the 809.410>FF
provisions of this subsection do not apply to a FFDF
person whose driving privileges are ordered FDFF
UHYRNHGXQGHU256$SHUVRQZKRVH FFF
driving privileges are revoked under this sub- FFF
section may apply for reinstatement of driving FFF
SULYLOHJHV FFF
FFF
D,IWKHVHQWHQFHIRUWKHFULPHIRUZKLFK FFF
the person’s driving privileges were revoked, FFF
notify the person that driving privileges will be of such action to the person whose driving priv-
suspended on the 30th day following the date ileges, commercial driving privileges or right
of the notice unless the person presents doc- WRDSSO\LVDIIHFWHG
XPHQWDWLRQWKDWFRPSOLHVZLWK256 (2) Notice under this section shall state the
A suspension under this subsection shall con- nature and reason for the action and, in the
tinue until the person reaches 18 years of age case of a suspension, whether it was ordered
or until the person presents documentation E\DFRXUW
WKDWFRPSOLHVZLWK256$SSHDOVRID
suspension under this subsection shall be as ,IYLRODWLRQRIDVXVSHQVLRQRUUHYRFDWLRQ
provided by a school district or private school would constitute the offense described in ORS
under a policy adopted in accordance with ORS VHUYLFHRIQRWLFHRIWKHVXVSHQVLRQRU
>F@ revocation under this section is accomplished
E\
809.428 Schedule of suspension or revo-
cation periods for certain offenses. D 0DLOLQJ WKH QRWLFH E\ FHUWLÀHG PDLO
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
7KHVFKHGXOHVDUHDVIROORZV DVXPPRQVLVVHUYHGLQDQDFWLRQDWODZ
6FKHGXOH,7KHVXVSHQVLRQRUUHYRFDWLRQ (4) Service of notice under this section for
SHULRGVXQGHU6FKHGXOH,DUHDVSURYLGHGLQ DOORWKHUDFWLRQVLVDFFRPSOLVKHGE\
WKLVVXEVHFWLRQ7KHSHULRGRIVXVSHQVLRQRU D0DLOLQJWKHQRWLFHE\ÀUVWFODVVPDLOWR
UHYRFDWLRQXQGHUWKLVVFKHGXOHVKDOOEH the person’s address as shown by driver licens-
D1LQHW\GD\VIRUDÀUVWRIIHQVHRUIRUDQ\ ing records of the department; or
offense not described in paragraph (b) or (c) of (b) Personal service in the same manner as
WKLVVXEVHFWLRQ DVXPPRQVLVVHUYHGLQDQDFWLRQDWODZ>
(b) One year for a second offense, where FFF
the commission of the second offense and a FFF@
conviction for a separate offense occur within 809.440 Hearing and administrative
D ÀYH\HDU SHULRG 7KLV SDUDJUDSK DSSOLHV review procedures; rules. (1) When other
to any combination of offenses for which the procedures described under this section are
length of suspension is determined under this not applicable to a suspension or revocation
VXEVHFWLRQ XQGHU256WRWKHSURFHGXUHV
(c) Three years for a third or subsequent GHVFULEHGLQWKLVVXEVHFWLRQVKDOOEHDSSOLFDEOH
offense where the commission of the third $OORIWKHIROORZLQJDSSO\WRWKLVVXEVHFWLRQ
or subsequent offense and two or more con- (a) The hearing shall be given before the
victions for separate offenses occur within department imposes the suspension or revo-
D ÀYH\HDU SHULRG 7KLV SDUDJUDSK DSSOLHV FDWLRQRIGULYLQJSULYLOHJHV
to any combination of offenses for which the
length of suspension is determined under this (b) Before the hearing, the department shall
VXEVHFWLRQ notify the person in the manner described in
256
6FKHGXOH,,7KHVXVSHQVLRQRUUHYRFDWLRQ
SHULRGVXQGHU6FKHGXOH,,DUHDVSURYLGHGLQ (c) The hearing shall be in the county where
WKLVVXEVHFWLRQ7KHSHULRGRIVXVSHQVLRQRU the person resides unless the person and the
UHYRFDWLRQXQGHUWKLVVFKHGXOHVKDOOEH GHSDUWPHQWDJUHHRWKHUZLVH
D2QH\HDUIRUDÀUVWRIIHQVHRUIRUDQ\ (d) The hearing shall be conducted by an
offense not described in paragraph (b) or (c) of administrative law judge assigned from the
WKLVVXEVHFWLRQ 2IÀFHRI$GPLQLVWUDWLYH+HDULQJVHVWDEOLVKHG
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(b) Three years for a second offense, where
the commission of the second offense and a (2) The following apply when administrative
conviction for a separate offense occur within review is provided under any statute or rule of
DÀYH\HDUSHULRG WKHGHSDUWPHQW
(c) Three years for a third or subsequent (a) An administrative review shall consist of
offense, where the commission of the third or an informal administrative process to assure
subsequent offense and a conviction for a sep- prompt and careful review by the department of
DUDWHRIIHQVHRFFXUZLWKLQDÀYH\HDUSHULRG WKHGRFXPHQWVXSRQZKLFKDQDFWLRQLVEDVHG
>)RUPHUO\@ E,WVKDOOEHDGHIHQVHWRWKHGHSDUWPHQW·V
809.430 Notice of suspension, cancella- DFWLRQLIDSHWLWLRQHUFDQHVWDEOLVKWKDW
tion or revocation; contents; service. (1) (A) A conviction on which the department’s
When the Department of Transportation, as action is based was for an offense that did not
authorized or required, suspends, revokes or involve a motor vehicle and the department’s
cancels driving privileges, commercial driv- action is permitted only if the offense involves
ing privileges or the right to apply for driving DPRWRUYHKLFOH
privileges or commercial driving privileges, the
department shall give notice under this section
(B) An out-of-state conviction on which (c) Unless there is an agreement between the
the department’s action is based was for an person and the department that the hearing be
offense that is not comparable to an offense conducted elsewhere, the hearing shall be held
XQGHU2UHJRQODZ either in the county where the person resides or
(C) The records relied on by the department at any place within 100 miles, as established
LGHQWLI\WKHZURQJSHUVRQ E\WKHGHSDUWPHQWE\UXOH
(c) A person requesting administrative (5) The department has complied with a
review has the burden of showing by a pre- requirement for a hearing or administrative
ponderance of the evidence that the person is review if the department has provided an
QRWVXEMHFWWRWKHDFWLRQ opportunity for hearing or review and the
person with the right to the hearing or review
(d) Actions subject to administrative review KDVQRWUHTXHVWHGLW$Q\UHTXHVWIRUKHDULQJ
shall be exempt from the provisions of ORS RUUHYLHZPXVWEHPDGHLQZULWLQJ
chapter 183 applicable to contested cases, and
from the provisions of subsection (4) of this )RUDQ\KHDULQJGHVFULEHGXQGHUWKLVVHF-
VHFWLRQDSSOLFDEOHWRSRVWLPSRVLWLRQKHDULQJV tion, and for administrative review described
A suspension, revocation or cancellation may under this section, no further notice need be
not be stayed during the administrative review given by the department if the suspension or
SURFHVVRUE\WKHÀOLQJRIDSHWLWLRQIRUMXGLFLDO revocation is based upon a conviction and the
UHYLHZ$FRXUWKDYLQJMXULVGLFWLRQPD\RUGHU court gives notice, in a form established by
the suspension, revocation or cancellation the department, of the rights to a hearing or
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(e) Judicial review of a department order FF
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an administrative review shall be available FFF
as for review of orders other than contested FF@
cases, and the department may not be subject
to default for failure to appear in such proceed- 809.450 Hearing for rescission of
LQJV7KHGHSDUWPHQWVKDOOFHUWLI\LWVUHFRUGWR suspension for financial and future
the court within 20 days after service upon the responsibility violations; grounds. ,I
GHSDUWPHQWRIWKHSHWLWLRQIRUMXGLFLDOUHYLHZ a person whose driving privileges have been
VXVSHQGHGIRURQHRIWKHUHDVRQVVSHFLÀHGLQ
I,IWKHVXVSHQVLRQRUUHYRFDWLRQLVXSKHOG subsection (2) of this section requests that
on review by a court, the suspension or revo- WKH VXVSHQVLRQ EH UHVFLQGHG DQG VSHFLÀHV
cation shall be ordered for the length of time the reason for the request, the Department
appropriate under the appropriate statute of Transportation may provide a hearing to
except that the time shall be reduced by any GHWHUPLQHWKHYDOLGLW\RIWKHVXVSHQVLRQ7KH
time prior to the determination by the court department may rescind a suspension only as
that the suspension or revocation was in effect SURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ
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(2) This section applies to suspensions
(g) The department shall adopt any rules XQGHU
governing administrative review that are
considered necessary or convenient by the D256IRUIDLOXUHWRPDNHDIXWXUH
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(3) When permitted under this section or E256IRUIDOVHFHUWLÀFDWLRQRI
under any other statute, a hearing may be ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVDQG
expedited under procedures adopted by the F256IRULQYROYHPHQWLQDPRWRU
GHSDUWPHQW E\ UXOH 7KH SURFHGXUHV PD\ vehicle accident when the department has
include a limited time in which the person may determined that the person has been operating
request a hearing, requirements for telephone DYHKLFOHLQYLRODWLRQRI256
hearings, expedited procedures for issuing (3) The granting of a hearing under this
RUGHUVDQGH[SHGLWHGQRWLFHSURFHGXUHV VHFWLRQVKDOOQRWVWD\WKHVXVSHQVLRQ+RZHYHU
:KHQSHUPLWWHGXQGHU256 the department shall rescind the suspension
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ing may be a post-imposition hearing under (a) That an error was committed by the
WKLVVXEVHFWLRQ$SRVWLPSRVLWLRQKHDULQJLV department;
a hearing that occurs after the department
imposes the suspension or revocation of driving (b) That the person in fact was in compliance
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(a) The department must provide notice in
WKHPDQQHUGHVFULEHGLQ256EHIRUH (c) That an error was committed by an insur-
WKHVXVSHQVLRQRUUHYRFDWLRQPD\WDNHHIIHFW ance company in notifying the department
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the hearing shall be conducted as a contested
FDVHLQDFFRUGDQFHZLWK256FKDSWHU (d) That the person was not in compliance
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as of the date of the department’s letter of
YHULILFDWLRQ XQGHU 256 DQG WKH (b) Judgments rendered for less than the
department also determines that the person DPRXQWVHVWDEOLVKHGXQGHU256KDYH
reasonably and in good faith believed that EHHQVDWLVÀHG
WKHSHUVRQZDVLQFRPSOLDQFHZLWKÀQDQFLDO (c) The judgment creditor and the judgment
responsibility requirements on the date of the debtor have mutually agreed upon a compro-
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cial responsibility requirements; or (d) The judgment against the judgment
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(e) That at the time of the accident the person
reasonably and in good faith believed that (2) Payments made in settlement of any
WKHSHUVRQZDVLQFRPSOLDQFHZLWKÀQDQFLDO claims because of bodily injury, death or
responsibility requirements and the person is property damage arising from the accident
FXUUHQWO\LQFRPSOLDQFHZLWKÀQDQFLDOUHVSRQ- shall be credited in reduction of the amounts
VLELOLW\UHTXLUHPHQWV SURYLGHGIRULQVXEVHFWLRQRIWKLVVHFWLRQ
>FFF
(4) The hearing shall be held in the manner F@
SURYLGHGLQ256>F
FF@ 809.480 Driver improvement pro-
grams; rules; purpose; suspension; fee.
809.460 Rescission of suspension or (1) The Department of Transportation may
revocation upon appeal of underlying establish, by administrative rule, programs
conviction. ([FHSWDVSURYLGHGLQVXE- for the improvement of the driving behavior of
section (4) of this section, if a suspension or SHUVRQVZKRGULYHLQWKLVVWDWH7KHSURJUDPV
revocation of driving privileges is based upon VKDOOKDYHDVWKHLUJRDOWKHUHGXFWLRQRIWUDIÀF
a conviction, the court that entered the judg- FRQYLFWLRQVDQGHVSHFLDOO\DFFLGHQWV7KHSUR-
ment of conviction may direct the Department grams may include, but need not be limited to,
of Transportation to rescind the suspension or OHWWHUVLQWHUYLHZVDQGFODVVURRPLQVWUXFWLRQ
UHYRFDWLRQLI
(2) The department may establish programs
(a) The person has appealed the conviction; for persons who are under 18 years of age that
and DUHGLIIHUHQWIURPSURJUDPVIRUDGXOWV'LIIHU-
(b) The person requests in writing that the ences may include, but need not be limited to,
court direct the department to rescind the sus- differences in criteria for entry into a program
pension or revocation pending the outcome of DQGGLIIHUHQFHVLQFRQWHQW
WKHDSSHDO (3) The department, under a program autho-
,IGLUHFWHGE\DFRXUWSXUVXDQWWRVXEVHF- rized by this section, may suspend driving
tion (1) of this section to do so, the department SULYLOHJHVEDVHGRQDQ\RIWKHIROORZLQJ
shall immediately rescind a suspension or revo- (a) A person’s record of convictions or
FDWLRQRIGULYLQJSULYLOHJHV DFFLGHQWV
(3) The court shall notify the department (b) A person’s failure or refusal to complete
LPPHGLDWHO\LIWKHFRQYLFWLRQLVDIÀUPHGRQ or comply with a requirement of a program
appeal, the appeal is dismissed or the appeal established by the department under this
LVQRWSHUIHFWHGZLWKLQWKHVWDWXWRU\SHULRG VHFWLRQ
Upon receipt of notice under this subsection,
the department shall reimpose any suspension (4) The department may charge a reasonable
or revocation that has been rescinded under fee to participants in a driver improvement
WKLVVHFWLRQ SURJUDPWRFRYHUFRVWVRIDGPLQLVWUDWLRQ
,IDSHUVRQ·VFRPPHUFLDOGULYLQJSULY- (5) Any suspension that the department
LOHJHVDUHVXVSHQGHGXQGHU256WR stays under a driver improvement program
WKH GHSDUWPHQW PD\ QRW UHVFLQG in this section shall continue for the full term
suspension of the person’s commercial driv- of the suspension if a person fails to complete
ing privileges because the person has taken WKHSURJUDP)RUSXUSRVHVRIUHLQVWDWLQJGULY-
an appeal, unless the conviction is reversed on ing privileges, the stay of a suspension under
DSSHDO>FF this section may not be used to determine the
FFF length of time a person’s driving privileges
FFF@ have been suspended if the person does not
VXFFHVVIXOO\FRPSOHWHWKHSURJUDP
809.470 When judgment considered
settled for purposes of suspension $SHUVRQLVHQWLWOHGWRDGPLQLVWUDWLYH
requirements. (1) This section establishes review of a suspension imposed under this sec-
ZKHQDMXGJPHQWGHVFULEHGXQGHU256 WLRQLIEDVHGRQDFRQYLFWLRQ>F
LVVHWWOHGIRUSXUSRVHVRI256 FFF
DQG$MXGJPHQWVKDOOEHGHHPHGVHW- F@
tled for the purposes described if any of the 809.490 Suspension or revocation of
IROORZLQJRFFXU driving privileges of nonresident driver;
(a) Payments in the amounts established by reports to home state. ,IWKHGHIHQGDQW
WKHSD\PHQWVFKHGXOHXQGHU256KDYH QDPHGLQDQ\FHUWLÀHGFRS\RIDMXGJPHQW
been credited upon any judgment or judgments reported to the Department of Transportation
UHQGHUHGLQH[FHVVRIWKRVHDPRXQWV is a nonresident, the department shall transmit
DFHUWLÀHGFRS\RIWKHMXGJPHQWWRWKHRIÀFLDO
in charge of the issuance of licenses and reg- commercial motor vehicle, the commercial driv-
istrations of the state of which the defendant LQJSULYLOHJHVRIWKHGULYHUZHUHVXVSHQGHG
LVDUHVLGHQW (d) A record of conviction of assault in the
(2) The department, upon receiving a record ÀUVWGHJUHHRUDQ\GHJUHHRIFULPLQDOO\QHJ-
of the conviction in this state of a nonresi- ligent homicide, manslaughter or murder, if
dent driver of a motor vehicle of any offenses the conviction results from the operation of a
under the motor vehicle laws of this state, FRPPHUFLDOPRWRUYHKLFOH
PD\IRUZDUGDFHUWLÀHGFRS\RIVXFKUHFRUGWR (e) A record of conviction of aggravated
the motor vehicle administrator in the state vehicular homicide or aggravated driving while
ZKHUHLQWKHSHUVRQVRFRQYLFWHGLVDUHVLGHQW VXVSHQGHGRUUHYRNHG
(3) The department may suspend or revoke (f) A record of conviction for driving while
the driving privileges to operate a motor XQGHUWKHLQÁXHQFHRILQWR[LFDQWVXQGHU256
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 (2) The department shall suspend the com-
VWDWHPD\EHVXVSHQGHGRUUHYRNHG 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 this section and the person was driving a com-
shall transmit a copy of the record of such mercial motor vehicle containing a hazardous
DFWLRQWRWKHRIÀFLDOLQFKDUJHRIWKHLVVXDQFH PDWHULDODWWKHWLPHRIWKHRIIHQVH
of licenses in the state, territory, federal pos-
session or district or province of Canada in (3) The department shall suspend the com-
which the nonresident resides, if the law of mercial driving privileges of a person for a
the other jurisdiction provides for action in period of one year if the department receives
relation thereto similar to that provided under DUHSRUWIURPDSROLFHRIÀFHUSXUVXDQWWR256
256IRUUHVLGHQWVRIWKLVVWDWHZKRVH WKDWWKHSHUVRQZDVGULYLQJDFRPPHU-
driving privileges are suspended or revoked in cial motor vehicle and submitted to a breath or
DQRWKHUMXULVGLFWLRQ>F blood test and the person’s blood, as shown by
FF@ WKHWHVWKDGSHUFHQWRUPRUHE\ZHLJKW
RIDOFRKRO7KHGHSDUWPHQWVKDOOVXVSHQGWKH
809.500 Failure to return suspended, commercial driving privileges of the person
revoked or canceled license; penalty. (1) A for a period of three years if the person was
person commits the offense of failure to return driving a commercial motor vehicle containing
a suspended, revoked or canceled license if the DKD]DUGRXVPDWHULDODWWKHWLPHRIWKHRIIHQVH
person has driving privileges suspended and
the person fails to immediately return to the (4) The department shall suspend the com-
Department of Transportation any license or mercial driving privileges of a person for a
GULYHUSHUPLWLVVXHGE\WKHGHSDUWPHQW period of three years if the department receives
DUHSRUWIURPDSROLFHRIÀFHUSXUVXDQWWR256
,IDQ\SHUVRQIDLOVWRUHWXUQDOLFHQVH WKDWWKHSHUVRQZDVGULYLQJDPRWRU
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-
KD]DUGRXVPDWHULDODWWKHWLPHRIWKHRIIHQVH
ure to return a suspended, revoked or canceled (5) The department shall suspend the com-
OLFHQVHLVD&ODVV&PLVGHPHDQRU>F mercial driving privileges of a person if the
FF@ department receives a notice of a conviction
in another jurisdiction of an offense that, if
(Commercial Driving Privileges) committed in this state, would be grounds for
809.510 Conviction of crime; refusal or the suspension of the person’s commercial driv-
failure of blood alcohol test; suspension LQJSULYLOHJHV7KHSHULRGRIVXVSHQVLRQXQGHU
in another jurisdiction. ([FHSWDVRWKHU- this subsection shall be the same as would be
ZLVHSURYLGHGE\256WRWKH imposed on the person if the conviction were
Department of Transportation shall suspend IRUDQRIIHQVHFRPPLWWHGLQWKLVVWDWH)RUWKH
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-
UHFHLYHV mination that a person has violated or failed
to comply with the law in a court of original
D$UHFRUGRIFRQYLFWLRQXQGHU256 jurisdiction or in an authorized administra-
RURIIDLOXUHWRSHUIRUPWKHGXWLHVRID tive tribunal, an unvacated forfeiture of bail
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-
DPRWRUYHKLFOH PHQWRIDÀQHRUFRXUWFRVWRUWKHYLRODWLRQRI
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
7KHGHSDUWPHQWVKDOOVXVSHQGWKHFRP- WRDSSHDUSD\DÀQHRUFRPSO\ZLWKDQRUGHU
mercial driving privileges of a person in this RIWKHFRXUW
state if the department receives a notice from (c) This subsection does not apply to failure
another jurisdiction that the person has had WRDSSHDUSD\DÀQHRUFRPSO\ZLWKDQRUGHURI
commercial driving privileges suspended or the court in a proceeding relating to a parking,
revoked in another jurisdiction for reasons that SHGHVWULDQYHKLFOHGHIHFWRUELF\FOLQJRIIHQVH
would be grounds for suspension of the person’s
FRPPHUFLDOGULYLQJSULYLOHJHVLQWKLVVWDWH7KH (2) The department shall suspend the com-
period of suspension under this subsection is mercial driving privileges of a person if the
the same as would be imposed on the person department receives a notice from the Federal
LIWKHYLRODWLRQZHUHFRPPLWWHGLQWKLVVWDWH Motor Carrier Safety Administration that the
SHUVRQKDVEHHQGLVTXDOLÀHGIURPRSHUDWLQJ
,I WKH GHSDUWPHQW UHFHLYHV D UHFRUG a commercial motor vehicle and that the dis-
report or notice under this section for a TXDOLÀFDWLRQLVGXHWRDGHWHUPLQDWLRQWKDWWKH
person who does not hold commercial driving driving of that person constitutes an imminent
privileges in this state, the department shall KD]DUG7KHGHSDUWPHQWVKDOOLPPHGLDWHO\
suspend the person’s right to apply for com- suspend commercial driving privileges under
mercial driving privileges as provided in ORS this subsection without hearing, but the person
may request a post-imposition hearing under
(8) A suspension imposed under this section 256ZLWKRXWUHJDUGWRDQ\KHDU-
is consecutive to any other suspension imposed ings conducted by the Federal Motor Carrier
XQGHU256RULIWKH 6DIHW\$GPLQLVWUDWLRQ7KHSHULRGRIDVXV-
suspensions do not arise out of the same inci- pension under this section is the period of
GHQW>F@ suspension prescribed by the Federal Motor
Note6HFWLRQFKDSWHU2UHJRQ/DZV Carrier Safety Administration, or one year,
SURYLGHV ZKLFKHYHULVVKRUWHU>F@
6HF6HFWLRQVWRRIWKLV$FW Note6HHQRWHXQGHU
>WR@DQGWKHUHSHDORI256 809.520 Lifetime suspension of commer-
DQGE\VHF- cial driving privileges. (1) Notwithstanding
tion 12 of this 2013 Act apply only to conduct 256WKH'HSDUWPHQWRI7UDQVSRU-
occurring on or after July 8, 2015, for which tation shall permanently suspend a person’s
a record, report or notice as described in sec- commercial driving privileges for the lifetime
tions 4 to 11 of this 2013 Act is received by of the person if the department receives a
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ5HFRUGV record of conviction for a crime punishable as
reports and notices as described in sections 4 a felony in which a motor vehicle was used and
to 11 of this 2013 Act for conduct that occurred that involved the manufacturing, distribut-
before July 8, 2015, shall continue to be gov- ing or dispensing of a controlled substance, as
HUQHGE\256DQG GHÀQHGLQ2567KHGHSDUWPHQWPD\
DVWKRVHVWDWXWHVZHUHLQHIIHFWLPPH- not reinstate commercial driving privileges of
GLDWHO\EHIRUH-XO\>F@ a person whose commercial driving privileges
)DLOXUHWRDSSHDUSD\ÀQHRU DUHVXVSHQGHGXQGHUWKLVVXEVHFWLRQ
obey court order in another jurisdic- 1RWZLWKVWDQGLQJ 256 WKH
WLRQGLVTXDOLÀFDWLRQE\)HGHUDO0RWRU department shall suspend a person’s commer-
Carrier Safety Administration. (1)(a) The cial driving privileges for the lifetime of the
Department of Transportation shall suspend person if the department receives a second or
the commercial driving privileges of a person if subsequent record, report or notice described
the department receives a notice from another LQ256WKDWGRHVQRWDULVHRXWRIWKH
jurisdiction that the person failed to appear, same incident and that would be grounds for
SD\DÀQHRUFRPSO\ZLWKDQRUGHURIWKHFRXUW suspension of the person’s commercial driving
LQ D SURVHFXWLRQ RQ D FLWDWLRQ IRU D WUDIÀF SULYLOHJHVXQGHU256
offense or for a violation in the other jurisdic- ([FHSWDVSURYLGHGLQVXEVHFWLRQVDQG
tion that, if committed in this state, would be (4) of this section, a person whose commercial
JURXQGVIRUVXVSHQVLRQXQGHU256RU driving privileges were suspended under sub-
DQGWKHSHUVRQKHOGFRPPHUFLDOGULY- section (2) of this section may apply to the
ing privileges or was operating a commercial department for reinstatement of the person’s
PRWRUYHKLFOHDWWKHWLPHRIWKHRIIHQVH7KH FRPPHUFLDOGULYLQJSULYLOHJHV$QDSSOLFDWLRQ
period of a suspension under this subsection for reinstatement may not be made under this
LVWKHVKRUWHURI subsection earlier than 10 years after the date
(A) Ten years; or that the person’s commercial driving privileges
(B) Until the department receives notice were suspended under subsection (2) of this
from the other jurisdiction that the person VHFWLRQ7KHGHSDUWPHQWPD\UHLQVWDWHWKH
DSSHDUHGSDLGWKHÀQHRUFRPSOLHGZLWKWKH SHUVRQ·VFRPPHUFLDOGULYLQJSULYLOHJHVLI
FRXUW·VRUGHU (a) The person meets all other require-
(b) The department shall suspend a person’s ments for the granting of commercial driving
commercial driving privileges under this sub- privileges;
section without regard to whether the other (b) The department, in its sole discretion,
jurisdiction suspends any driving privileges ÀQGVJRRGFDXVHH[LVWVIRUUHLQVWDWHPHQWDQG
of the person by reason of the person’s failure
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,
D6L[W\GD\VLI report or notice are due to expire during the
suspension period, the department shall sus-
$7KHFRQYLFWLRQLVWKHSHUVRQ·VÀUVWFRQ- pend the person’s right to apply for commercial
viction of an offense described in subsection driving privileges for the suspension period
(1) of this section; or VSHFLÀHGLQ256WR>
(B) The date the person committed an F@
offense described in subsection (1) of this sec- Note6HHQRWHXQGHU
tion is not within three years of the date the
person committed another offense, as described 809.545 Administrative review. (1)
in subsection (1) of this section and for which ([FHSWDVSURYLGHGLQVXEVHFWLRQVDQG
WKHUHZDVDFRQYLFWLRQ of this section, a person is entitled to admin-
LVWUDWLYH UHYLHZ XQGHU 256 IRU D
E2QHKXQGUHGDQGWZHQW\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, GULYLQJSULYLOHJHVXQGHU256RU
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
EDVHGRQ256RU
(C) The convictions arose out of separate
LQFLGHQWV (3) A person is entitled to a hearing under
256IRUDVXVSHQVLRQRIFRPPHUFLDO
F2QH\HDULI GULYLQJSULYLOHJHVXQGHU256RU
(A) The conviction is the person’s third or (4) when the suspension is based on conduct
subsequent conviction for an offense described GHVFULEHGLQ256RURUDVXV-
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 LQ256RU>F@
person committed two or more other offenses,
as described in subsection (1) of this section Note6HHQRWHXQGHU
and for which there were convictions; and
(Habitual Offenders)
(C) The convictions arose out of separate
LQFLGHQWV 809.600 Kinds of offenses and number
of convictions. This section establishes the
(3) A person is entitled to administrative kinds of offenses and the number of convictions
UHYLHZXQGHU256RIDVXVSHQVLRQ necessary to revoke the driving privileges of
XQGHUWKLVVHFWLRQ a person as a habitual offender under ORS
(4) A report of a conviction in another juris- 7KHNLQGVRIRIIHQVHVDQGWKHQXPEHU
diction of an offense described in subsection of convictions necessary to revoke driving priv-
(1) of this section has the same effect as if the LOHJHVDVDKDELWXDORIIHQGHUDUHDVIROORZV
FRQYLFWLRQKDGRFFXUUHGLQWKLVVWDWH (1) A person’s driving privileges shall be
(5) A suspension imposed under this section revoked as a habitual offender if the person,
is consecutive to any other suspension imposed ZLWKLQDÀYH\HDUSHULRGKDVEHHQFRQYLFWHG
XQGHUWKLVVHFWLRQRU256RU of three or more of any one or more of the fol-
LIWKHVXVSHQVLRQVGRQRWDULVHRXWRI lowing offenses as evidenced by the records
WKHVDPHLQFLGHQW>)RUPHUO\ maintained by the Department of Transpor-
F@ tation or by the records of a similar agency of
DQRWKHUVWDWH
Note6HHQRWHXQGHU
(a) Any degree of murder, manslaughter,
809.540 Right to apply. ,IWKH'HSDUW- criminally negligent homicide, assault, reck-
ment of Transportation receives a record, lessly endangering another person, menacing
UHSRUWRUQRWLFHGHVFULEHGLQ256WR or criminal mischief resulting from the oper-
DQGWKHSHUVRQZKRLVWKHVXEMHFWRI DWLRQRIDPRWRUYHKLFOH
the record, report or notice was driving a com-
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
(c) Criminally driving a motor vehicle while to determine whether the restrictions may
VXVSHQGHGRUUHYRNHGXQGHU256 EHOLIWHG>FF
G5HFNOHVVGULYLQJXQGHU256 FFF@
(e) Failure to perform the duties of a driver 809.620 > F F
XQGHU256RU UHSHDOHGE\F@
(f) Fleeing or attempting to elude a police 809.630>FUHSHDOHGE\
RIÀFHUXQGHU256 F@
(g) Aggravated vehicular homicide under 809.640 Procedures on habitual
256RUDJJUDYDWHGGULYLQJZKLOHVXV- offender determination. When the Depart-
SHQGHGRUUHYRNHGXQGHU256 ment of Transportation determines from the
driving record of a person as maintained by
(2) A person’s driving privileges shall be the department that a person’s driving privi-
revoked as a habitual offender if the person, leges are required to be revoked as a habitual
ZLWKLQDÀYH\HDUSHULRGKDVEHHQFRQYLFWHG RIIHQGHUXQGHU256WKHGHSDUWPHQW
of 20 or more of any one or more of the fol- shall revoke the driving privileges of the
lowing offenses as evidenced by the records SHUVRQ$SHUVRQLVHQWLWOHGWRDGPLQLVWUDWLYH
maintained by the department or by a similar UHYLHZRIDUHYRFDWLRQXQGHUWKLVVHFWLRQ>
DJHQF\RIDQRWKHUVWDWH FFFD@
(a) Any offenses enumerated in subsection 809.650 Effect of habitual offender
RIWKLVVHFWLRQ revocation. (1) When the Department of
E$Q\RIIHQVHVSHFLÀHGLQWKHUXOHVRIWKH Transportation revokes a person’s driving
GHSDUWPHQWDGRSWHGXQGHU256 privileges as a habitual offender under ORS
WKHSHUVRQKDVQRGULYLQJSULYLOHJHV
(3) A person’s driving privileges shall not for motor vehicles in this state and cannot
be revoked under subsection (2) of this section obtain any driving privileges for motor vehi-
XQWLOWKHSHUVRQ·VVWFRQYLFWLRQZLWKLQDÀYH cles in this state, except as provided under a
year period when the 20th conviction occurs probationary driver permit described under
after a lapse of two years or more from the last 256XQWLOWKHSHUVRQ
SUHFHGLQJFRQYLFWLRQ
D,VDJDLQHOLJLEOHXQGHUWKLVVHFWLRQIRU
(4) The offenses described under this section the issuance of driving privileges; and
LQFOXGHDQ\RIWKHIROORZLQJ
(b) The department restores the privilege of
D$Q\YLRODWLRQRIDWUDIÀFRUGLQDQFHRI the person to operate a motor vehicle in this
a city, municipal or quasi-municipal corpora- VWDWHXQGHU256
tion that substantially conforms to offenses
GHVFULEHGXQGHUWKLVVHFWLRQ (2) A person whose driving privileges are
revoked as a habitual offender is not eligible
(b) Any violation of offenses under any fed- for the issuance of driving privileges until the
eral law or any law of another state, including H[SLUDWLRQRIÀYH\HDUVIURPWKHGDWHWKHGULY-
subdivisions thereof, that substantially con- LQJSULYLOHJHVRIWKHSHUVRQZHUHUHYRNHG>
IRUPWRRIIHQVHVGHVFULEHGLQWKLVVHFWLRQ> FF@
FFF
FFF 809.660 Restoration of privileges. When
FFF a person whose driving privileges have been
FFF@ revoked as a habitual offender becomes eligible
for issuance of driving privileges under ORS
809.605 Determination of which WKHSHUVRQPD\DSSO\WRWKH'HSDUW-
offenses count; rules. The Department of ment of Transportation for restoration of the
Transportation shall adopt rules specifying privilege to operate a motor vehicle in this
ZKLFKWUDIÀFRIIHQVHVFRXQWIRUWKHSXUSRVH VWDWH8SRQVXFKSHWLWLRQDQGIRUJRRGFDXVH
of determining that a person is a habitual shown, the department, in its discretion, may
RIIHQGHUXQGHU256EHFDXVHWKH restore to the person the privilege to operate
SHUVRQKDVEHHQFRQYLFWHGRIRUPRUHWUDIÀF DPRWRUYHKLFOHLQWKLVVWDWH
RIIHQVHV>F@
(1) Upon such terms and conditions as the
809.610 Restriction of driving priv- department may prescribe; and
ileges; notice; meeting. (1) When the
Department of Transportation receives an (2) Subject to other provisions of law relating
DEVWUDFWRIWKHFRQYLFWLRQXQGHU256 WRWKHLVVXDQFHRIGULYLQJSULYLOHJHV>F
and the conviction is the second one of those @
GHVFULEHGE\256IRUWKHSHUVRQRU
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
H[SHQVHV,IWKHYHKLFOHLVLQSULYDWHVWRUDJH KHDULQJVRIÀFHUVKDOORUGHUWKHYHKLFOHUHOHDVHG
the lien claimant shall transmit the written to the person entitled to possession and shall
QRWLFH>FF HQWHUDÀQGLQJWKDWWKHRZQHURUSHUVRQHQWL-
FFF tled to possession of the vehicle is not liable for
FF@ any towing or storage costs resulting from the
809.702 Tampering with vehicle immo- LPSRXQGPHQW,IWKHUHLVDOLHQRQWKHYHKLFOH
bilization device; penalty. (1) A person for towing and storage charges, the hearings
commits the offense of tampering with a vehi- RIÀFHUVKDOORUGHULWSDLGE\WKHLPSRXQGLQJ
cle immobilization device if the person does SROLFHDJHQF\
anything to a vehicle immobilization device $ SROLFH DJHQF\ PD\ FRQWUDFW ZLWK
WKDWZDVRUGHUHGLQVWDOOHGXQGHU256 another agency or entity to conduct hearings
WKDWFLUFXPYHQWVWKHRSHUDWLRQRIWKHGHYLFH XQGHUWKLVVHFWLRQ>)RUPHUO\
(2) The offense described in this section, FFDF@
tampering with a vehicle immobilization ,PSRXQGPHQW IRU VSHFLÀHG
GHYLFHLVD&ODVV$WUDIÀFYLRODWLRQ> offenses; grounds; notice; release. (1) A
FF@ SROLFHRIÀFHUZKRKDVSUREDEOHFDXVHWREHOLHYH
809.710 Authority to refuse to release that a person, at or just prior to the time the
vehicle to intoxicated person. Notwith- SROLFHRIÀFHUVWRSVWKHSHUVRQKDVFRPPLW-
standing any other provision of law, a police ted an offense described in this subsection
RIÀFHUDSROLFHDJHQF\RUDQ\SHUVRQDFWLQJDV may, without prior notice, order the vehicle
an agent for either has authority to refuse to impounded until a person with right to posses-
release or authorize release of any motor vehi- sion of the vehicle complies with the conditions
cle from custody to any person who is visibly for release or the vehicle is ordered released
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV>)RUPHUO\ E\DKHDULQJVRIÀFHU7KLVVXEVHFWLRQDSSOLHV
@ WRWKHIROORZLQJRIIHQVHV
809.715>)RUPHUO\F (a) Driving while suspended or revoked in
UHSHDOHGE\F@ YLRODWLRQRI256RU
809.716 Hearing on impoundment. (1) E'ULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
A person entitled to lawful possession of a LQWR[LFDQWVLQYLRODWLRQRI256
YHKLFOHLPSRXQGHGXQGHU256PD\ (c) Operating without driving privileges or
request a hearing to contest the validity of the in violation of license restrictions in violation
LPSRXQGPHQW$UHTXHVWPXVWEHPDGHZLWKLQ RI256
ÀYHFDOHQGDUGD\VDIWHUWKHGDWHWKDWQRWLFHRI (d) Driving uninsured in violation of ORS
the impoundment is mailed, as evidenced by
the postmark, not including Saturdays, Sun-
GD\VRUKROLGD\V7KHUHTXHVWVKDOOEHPDGHWR (2) Notice that the vehicle has been
a person designated by the impounding police impounded shall be given to the same parties,
DJHQF\WRUHFHLYHVXFKUHTXHVWV in the same manner and within the same time
OLPLWVDVSURYLGHGLQ256IRUQRWLFH
(2) When a timely request for a hearing is DIWHUUHPRYDORIDYHKLFOH
made, a hearing shall be held before a hear-
LQJV RIÀFHU GHVLJQDWHG E\ WKH LPSRXQGLQJ (3) A vehicle impounded under subsection
SROLFHDJHQF\7KHKHDULQJVKDOOEHVHWIRUIRXU (1) of this section shall be released to a person
calendar days after the request is received, entitled to lawful possession upon compliance
excluding Saturdays, Sundays and holidays, ZLWKWKHIROORZLQJ
but may be postponed at the request of the (a) Submission of proof that a person with
SHUVRQDVNLQJIRUWKHKHDULQJ valid driving privileges will be operating the
(3) The impounding police agency shall have vehicle;
the burden of proving by a preponderance of the (b) Submission of proof of compliance with
evidence that there were reasonable grounds ÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWVIRUWKH
to believe that the vehicle was being operated vehicle; and
LQYLRODWLRQRI256
RU 7KH SROLFH RIÀFHU ZKR (c) Payment to the police agency of an admin-
ordered the vehicle impounded may submit istrative fee determined by the agency to be
DQDIÀGDYLWWRWKHKHDULQJVRIÀFHULQOLHXRI VXIÀFLHQWWRUHFRYHULWVDFWXDODGPLQLVWUDWLYH
PDNLQJDSHUVRQDODSSHDUDQFHDWWKHKHDULQJ FRVWVIRUWKHLPSRXQGPHQW
,IWKHKHDULQJVRIÀFHUÀQGVWKDWWKH (4) Notwithstanding subsection (3) of this
impoundment of the vehicle was proper, the section, a person who holds a security interest
KHDULQJVRIÀFHUVKDOOHQWHUDQRUGHUVXSSRUW- in the impounded vehicle may obtain release of
LQJWKHUHPRYDODQGVKDOOÀQGWKDWWKHRZQHU WKHYHKLFOHE\SD\LQJWKHDGPLQLVWUDWLYHIHH
or person entitled to possession of the vehicle (5) When a person entitled to possession of
is liable for usual and customary towing and the impounded vehicle has complied with the
VWRUDJHFRVWV7KHKHDULQJVRIÀFHUPD\DOVR requirements of subsection (3) or (4) of this
ÀQGWKHRZQHURUSHUVRQHQWLWOHGWRSRVVHVVLRQ section, the impounding police agency shall
RIWKHYHKLFOHOLDEOHIRUFRVWVRIWKHKHDULQJ 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
_______________
Chapter 810
(',7,21
ENFORCEMENT OFFICIALS
(b) County road that is within the bound- (b) The road authority shall exercise the
aries of the city without the written consent authority either by adoption of a rule, res-
RIWKHJRYHUQLQJERG\RIWKHFRXQW\ ROXWLRQRURUGLQDQFHXQGHU256RU
(2) Any designation or prohibition made by issuance of variance permits under ORS
under authority of this section must be imposed
E\DSSURSULDWHRUGHUUHVROXWLRQRURUGLQDQFH (4) Penalties are provided under ORS
(3) A road authority exercising authority DQGIRUYLRODWLRQRIOLPLWV
under this section shall erect and maintain HVWDEOLVKHGXQGHUWKLVVHFWLRQ>F
signs in a conspicuous manner and place at FF@
each end of the highway or section of highway 810.060 Increase in weight or size if
where a designation or prohibition is imposed highway found capable of supporting
to give notice of the prohibitions or designa- increase; rules. A road authority shall adopt
WLRQVLPSRVHG7KHURDGDXWKRULW\VKDOOHUHFW a rule, resolution or ordinance to allow vehi-
and maintain signs giving notice of any pro- cles or combinations of vehicles with a loaded
hibitions or designations imposed under this weight in excess of the weight limitations
section at such other places as may be neces- HVWDEOLVKHGE\7DEOH,,,XQGHU256
VDU\WRLQIRUPWKHSXEOLF or a length or width in excess of that authorized
(4) A prohibition or designation imposed XQGHU256DQGWREHRSHUDWHG
under this section is effective when signs over any highway of the road authority if the
giving notice thereof are posted as required road authority determines that the highway
E\WKLVVHFWLRQ is capable of carrying greater weight, length
RUZLGWK7KHDXWKRULW\JUDQWHGXQGHUWKLV
(5) Penalties are provided under ORS VHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ
IRUYLRODWLRQRIUHTXLUHPHQWVLPSRVHG
XQGHUWKLVVHFWLRQ>F@ (1) The authority may only be exercised by
UXOHUHVROXWLRQRURUGLQDQFH
810.050 Increase or decrease in size
or weight limits on highways if federal (2) The authority does not allow any road
mandate allows or requires; rules. (1) The authority to authorize any vehicle to be oper-
Department of Transportation may authorize ated over any highway if the vehicle has a
the movement on highways under its jurisdic- height in excess of that allowed under ORS
tion of vehicles or combinations of vehicles of DQG
a size or weight in excess of the limits under (3) The provisions of any rule, resolution or
256RULIIHGHUDOODZ ordinance adopted under this section may be
permits various states to establish size and DPHQGHGUHVFLQGHGRUUHSHDOHGDWDQ\WLPH
weight limits in excess of those under ORS (4) The provisions of any rule, resolution
RU7KHGHSDUWPHQW or ordinance adopted under this section are
shall exercise the authority granted under this subject to the maximum size, weight and width
VXEVHFWLRQVXEMHFWWRDOORIWKHIROORZLQJ OLPLWVHVWDEOLVKHGXQGHU256
(a) The department shall only establish (5) A rule, resolution or ordinance adopted
weight and size limits under this subsection XQGHU WKLV VHFWLRQ VKDOO À[ WKH PD[LPXP
within the limits necessary to qualify for fed- loaded weight, length, width and types and
HUDODLGKLJKZD\IXQGV classes of vehicles or combinations of vehicles
(b) The department shall exercise the that may be operated on the highway or high-
authority either by adoption of a rule or res- ways or sections of highways described in the
ROXWLRQXQGHU256RUE\LVVXDQFHRI UXOHUHVROXWLRQRURUGLQDQFH
YDULDQFHSHUPLWVXQGHU256:KHQ $GXSOLFDWHRULJLQDORIDUXOHRUUHVROXWLRQ
the department exercises the authority under adopted by the Department of Transportation
this paragraph, the weight limits or size limits under this section and an amendment to or
HVWDEOLVKHGXQGHUWKLVVXEVHFWLRQVKDOODSSO\ repeal of a rule or resolution by the depart-
(2) The department may by rule prohibit the PHQWVKDOOEHÀOHGZLWKWKH6HFUHWDU\RI6WDWH
movement on highways under its jurisdiction of This subsection does not require an ordinance
vehicles or combinations of vehicles of a size or adopted by a city or county under this section
weight otherwise authorized by statute if the WREHÀOHGZLWKWKH6HFUHWDU\RI6WDWH
prohibition is necessary in order to qualify for (7) After the effective date of a rule, resolu-
IHGHUDODLGKLJKZD\IXQGV tion or ordinance adopted under this section,
(3) Road authorities other than the depart- DYDULDQFHSHUPLWXQGHU256LVQRW
ment may increase or decrease size and weight required for the operation upon the described
limits on their own highways if the depart- highway of a vehicle or combination of vehicles
ment exercises the authority granted under that is not in excess of the maximum loaded
WKLVVHFWLRQ7KHH[HUFLVHRIDXWKRULW\XQGHU ZHLJKWOHQJWKRUZLGWKÀ[HGE\WKHUXOHUHVR-
WKLVVXEVHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ lution or ordinance for vehicles or combinations
(a) A road authority may not exercise the RIYHKLFOHVRIWKDWW\SHRUFODVV
authority to establish a size or weight limit (8) Penalties are provided under ORS
that exceeds the maximum authorized by the IRU YLRODWLRQ RI OLPLWV HVWDEOLVKHG
department or to prohibit vehicles or combina- XQGHUWKLVVHFWLRQ>FF
tions of vehicles that are not prohibited by the @
GHSDUWPHQWXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
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 streets by horses and other animals to the
WKLVVHFWLRQPXVWEHE\PHDQVRIDQRUGLQDQFH extent that bridle paths may be designated
(2) The authority granted under this sec- upon certain streets and the animals may be
tion may only be exercised where the combined SURKLELWHGRQRWKHUVWUHHWV>F@
operation of golf carts and regular vehicle traf- 810.110 Designation of through high-
ÀFFDQEHDFFRPSOLVKHGVDIHO\ ways and stop intersections. (DFKURDG
(3) A road authority shall prescribe rules and authority may do any of the following on its
shall regulate the combined operation of golf RZQKLJKZD\V
carts and vehicles when permitted under this (a) Designate a main traveled or through
VHFWLRQ7KHUXOHVPD\HVWDEOLVKVSHHGOLPLWV KLJKZD\E\SODFLQJWUDIÀFFRQWUROGHYLFHVDW
and other operating standards but shall not the entrances to the highway from intersecting
require that golf carts conform with the vehicle highways to notify drivers to stop or yield the
HTXLSPHQWODZVXQGHUWKHYHKLFOHFRGH right of way before entering or crossing the
(4) A designation of combined operation GHVLJQDWHGKLJKZD\
under this section or rules instituted under (b) Designate intersections or other road-
this section are effective when appropriate ZD\MXQFWLRQVDWZKLFKYHKLFOHWUDIÀFRQRQH
signs giving notice thereof are posted along the or more of the highways should yield or stop
affected highway and are not effective before EHIRUHHQWHULQJWKHLQWHUVHFWLRQRUMXQFWLRQ
VXFKSRVWLQJ (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 E(VWDEOLVK]RQHVRQWKHURDGZD\ZKHUH
by virtue of ownership or occupancy of a resi- overtaking or passing or driving to the left
GHQWLDOGZHOOLQJXQLWLQWKHGHYHORSPHQW of the center of the roadway are prohibited
EHFDXVHVXFKZRXOGEHHVSHFLDOO\KD]DUGRXV
(7) This section neither grants authority to
nor limits the authority of the Department of (2) To establish a zone under this section, a
7UDQVSRUWDWLRQ>FF URDGDXWKRULW\PXVWGRDOORIWKHIROORZLQJ
@ (a) Determine that a need for a zone exists
3HGHVWULDQ WUDIÀF (1) Road in accordance with standards and procedures
authorities may regulate the movement of DGRSWHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
pedestrians upon highways within their juris- (b) Mark the zone by appropriate signs or by
GLFWLRQVE\GRLQJDQ\RIWKHIROORZLQJ a yellow unbroken line on the pavement of the
D(VWDEOLVKLQJPDUNHGFURVVZDONVDQG right-hand side of and adjacent to the center
GHVLJQDWLQJWKHPE\DSSURSULDWHPDUNLQJ line or a lane line of the roadway to indicate
WKHEHJLQQLQJDQGHQGRIWKH]RQH
(b) Closing a marked or unmarked crosswalk
and prohibiting pedestrians from crossing a (3) Penalties are provided under ORS
roadway where a crosswalk has been closed by IRUSDVVLQJLQDQRSDVVLQJ]RQHGHV-
placing and maintaining signs giving notice of LJQDWHGXQGHUWKLVVHFWLRQ>F@
FORVXUH 810.130 One-way highways; safety
(c) Prohibiting pedestrians from crossing zones; turns. The Oregon Transportation
a highway at any place other than within a Commission shall act as road authority under
PDUNHGRUXQPDUNHGFURVVZDON this section in lieu of the Department of Trans-
SRUWDWLRQ(DFKURDGDXWKRULW\PD\GRDQ\RI
(2) This section neither grants authority to the following on its own highways, subject to
nor limits the authority of the Department of DQ\OLPLWDWLRQVGHVFULEHG
7UDQVSRUWDWLRQ>F@
(1) Designate a highway or section or spe-
FLÀFODQHRQDKLJKZD\ZKHUHYHKLFOHWUDIÀF
must proceed in one direction at all times or
DWWLPHVLQGLFDWHGE\WUDIÀFFRQWUROGHYLFHV$ XQGHUWKLVVHFWLRQ>FF
designation under this subsection shall become @
HIIHFWLYHZKHQDSSURSULDWHVLJQVDUHSRVWHG 810.150 Drain construction; compli-
The authority granted by this subsection is ance with bicycle safety requirements;
VXEMHFWWRWKHIROORZLQJOLPLWDWLRQV guidelines. (1) Street drains, sewer drains,
(a) A local authority shall not designate any storm drains and other similar openings in a
highway within its boundaries as a one-way URDGEHGRYHUZKLFKWUDIÀFPXVWSDVVWKDWDUH
highway if the highway is under the juris- in any portion of a public way, highway, road,
diction of the commission unless the local street, footpath or bicycle trail that is avail-
DXWKRULW\ÀUVWREWDLQVWKHZULWWHQFRQVHQWRI DEOHIRUXVHE\ELF\FOHWUDIÀFVKDOOEHGHVLJQHG
WKHFRPPLVVLRQ DQGLQVWDOOHGLQFOXGLQJDQ\PRGLÀFDWLRQRI
(b) A city shall not designate any highway existing drains, with grates or covers so that
within its boundaries as a one-way highway ELF\FOHWUDIÀFPD\SDVVRYHUWKHGUDLQVVDIHO\
if the highway is under the jurisdiction of a DQGZLWKRXWREVWUXFWLRQRULQWHUIHUHQFH
FRXQW\XQOHVVWKHFLW\ÀUVWREWDLQVWKHZULWWHQ (2) The Department of Transportation shall
FRQVHQWRIWKHFRXQW\ adopt construction guidelines for the design of
(2) Designate places on highways as safety SXEOLFZD\VLQDFFRUGDQFHZLWKWKLVVHFWLRQ
]RQHVDQGUHJXODWHDQGFRQWUROWUDIÀFZLWK Limitations on the applicability of the guide-
UHVSHFW WR WKH VDIHW\ ]RQHV $ GHVLJQDWLRQ OLQHVDUHHVWDEOLVKHGXQGHU256>
under this subsection shall become effective F@
ZKHQDSSURSULDWHVLJQVDUHSRVWHG
(Parking)
:KHUHWUDIÀFFRQGLWLRQVZDUUDQWSUR-
hibit right or left turns at intersections or 810.160 Controlling parking on high-
prohibit U-turns by all vehicles or by certain ways; limitations. ([FHSW DV RWKHUZLVH
W\SHVRIYHKLFOHV provided in this section, each road authority
has exclusive authority to regulate, control or
(4) Require and direct that a different prohibit the stopping, standing and parking of
FRXUVHWKDQWKDWVSHFLÀHGXQGHU256 YHKLFOHVXSRQLWVRZQKLJKZD\V7KH2UHJRQ
DQGEHWUDYHOHGE\YHKLFOHVDW Transportation Commission shall act as road
RUSURFHHGLQJWKURXJKLQWHUVHFWLRQV$UHTXLUH- authority under this section in lieu of the
ment under this subsection is effective when 'HSDUWPHQWRI7UDQVSRUWDWLRQ7KHDXWKRULW\
DSSURSULDWHWUDIÀFFRQWUROGHYLFHVDUHSODFHG granted in this section is subject to all of the
ZLWKLQRUDGMDFHQWWRWKHLQWHUVHFWLRQV IROORZLQJ
(5) Designate locations on highways where (1) The commission has exclusive authority
vehicles operated by districts described under to regulate, control or prohibit the stopping,
256FKDSWHUIRUWKHSXUSRVHRISURYLGLQJ VWDQGLQJDQGSDUNLQJRQDOOVWDWHKLJKZD\V
public transportation or substantially similar
vehicles used for the same purpose may pro- (a) Within the corporate limits of a city
FHHGLQGLUHFWLRQVSURKLELWHGWRRWKHUWUDIÀF except where the highway is routed over a city
Locations may be designated under this sub- VWUHHWXQGHU256
section only if an engineering study indicates (b) Within the corporate limits of any city
that the movement may be made safely in the if access to or from the section of highway and
GHVLJQDWHG DUHD 'HVLJQDWLRQV XQGHU WKLV real property abutting thereon was restricted,
subsection shall be effective when indicated controlled or prohibited by the commission
E\DSSURSULDWHRIÀFLDOWUDIÀFFRQWUROGHYLFHV before the section of highway was included
>FF@ ZLWKLQWKHFRUSRUDWHOLPLWVRIWKHFLW\
810.140 Designation of exclusive use (2) Road authorities other than the commis-
lanes. (1) Any road authority may designate sion may permit angle parking on any highway
lanes on its own highways that are to be used where parking is subject to their jurisdiction
exclusively by buses or high occupancy-use pas- XQGHUWKLVVHFWLRQ)RUFLWLHVWKLVVXEVHFWLRQ
senger vehicles for the purpose of conserving includes authority to permit angle parking on
HQHUJ\DQGIDFLOLWDWLQJSXEOLFWUDQVSRUWDWLRQ any city street selected and designated as the
(2) Any restriction or limitation imposed URXWHRIDVWDWHKLJKZD\XQGHU256
under this section must be imposed by proper and, subject to the authority of the commis-
RUGHU7KHUHVWULFWLRQRUOLPLWDWLRQLVHIIHFWLYH sion under this section, any state highway
when appropriate signs giving notice of the ZLWKLQWKHFRUSRUDWHOLPLWVRIWKHFLW\7KLV
UHVWULFWLRQRUOLPLWDWLRQDUHHUHFWHG$VLJQ subsection does not allow any road authority
giving notice of a restriction or limitation shall to permit angle parking on a state highway if
be maintained in a conspicuous manner and the commission determines that the highway is
shall be placed at each end of the highway or QRWRIVXIÀFLHQWZLGWKWRSHUPLWDQJOHSDUNLQJ
section of highway affected by the restriction without interfering with the free movement of
or limitation and at such other places as nec- WUDIÀF
HVVDU\WRLQIRUPWKHSXEOLF (3) All regulations, restrictions or prohibi-
(3) Penalties are provided under ORS tions imposed by the commission under this
IRUIDLOXUHWRREH\VLJQVJLYLQJQRWLFH section shall be by resolution or order entered
of any limitations or restrictions imposed LQWKHFRPPLVVLRQ·VRIÀFLDOUHFRUGV
(b) The commission has general supervision internationally recognized and approved sym-
with respect to the placing, construction and EROV>FF@
RSHUDWLRQRIWUDIÀFFRQWUROGHYLFHVXQGHUWKLV ([HPSWLRQIURPWUDIÀFFRQWURO
subsection for the purpose of obtaining, so far GHYLFHVSHFLÀFDWLRQV2IÀFLDOWUDIÀFFRQWURO
as practicable, uniformity as to type and loca- devices placed or constructed by road author-
WLRQRIWUDIÀFFRQWUROGHYLFHVWKURXJKRXWWKH ities before June 27, 1975, are not required to
VWDWH FRQIRUPWRVSHFLÀFDWLRQVDQGORFDWLRQFULWH-
(c) Only the commission has authority ria approved by the Oregon Transportation
over a state highway whether or not the state &RPPLVVLRQ$Q\QHZRUDPHQGHGVSHFLÀFD-
highway is within the jurisdiction of another tions approved by the commission under ORS
URDGDXWKRULW\1RWUDIÀFFRQWUROGHYLFHVKDOO DIWHU-XQHIRUWKHSODFHPHQW
be erected, maintained or operated upon any RUFRQVWUXFWLRQRIWUDIÀFFRQWUROGHYLFHVGRQRW
state highway under this subsection by any DSSO\WRVXFKGHYLFHVLQSODFHRQ-XQH
authority other than the commission, except However within a reasonable period after June
ZLWKWKHZULWWHQDSSURYDORIWKHFRPPLVVLRQ WUDIÀFFRQWUROGHYLFHVVKDOOEHDOWHUHG
(d) When the governing body of a city makes or relocated to comply with the manual and
a determination that placement or construction VSHFLÀFDWLRQVXQGHU256>F
RIDWUDIÀFFRQWUROGHYLFHRQDKLJKZD\ZLWKLQ @
the city selected as a state highway under ORS 810.230 Unlawful sign display; excep-
LVQHFHVVDU\WRFDUU\RXWWKHSURYLVLRQV tions; penalty. (1) A person commits the
of the vehicle code or to regulate, warn or guide offense of unlawful sign display if the person
WUDIÀFWKHFLW\JRYHUQLQJERG\VKDOOVXEPLW GRHVDQ\RIWKHIROORZLQJ
ZULWWHQÀQGLQJVDQGUHFRPPHQGDWLRQVWRWKH D:LWKRXWDXWKRULW\XQGHU256
Director of Transportation in support of plac- RUSODFHVPDLQWDLQVRUGLVSOD\VXSRQ
LQJRUFRQVWUXFWLQJWKHWUDIÀFFRQWUROGHYLFHRQ or in view of any highway any sign, signal,
WKHVWDWHKLJKZD\,IWKHGLUHFWRUDSSURYHVWKH PDUNLQJRUGHYLFHWKDW
ÀQGLQJVDQGUHFRPPHQGDWLRQVWKHGLUHFWRU
shall notify the city governing body in writing (A) Purports to be or is an imitation or
DQGSURFHHGWRSODFHRUFRQVWUXFWWKHWUDIÀF UHVHPEOHVDQRIÀFLDOWUDIÀFFRQWUROGHYLFHRU
FRQWUROGHYLFHLQDFFRUGDQFHZLWKWKHÀQGLQJV railroad sign or signal;
DQGUHFRPPHQGDWLRQV,IWKHGLUHFWRUGRHVQRW (B) Attempts to direct the movement of
notify the governing body of disapproval within animal, pedestrian, vehicle or any other traf-
GD\VDIWHUUHFHLSWRIWKHÀQGLQJVDQGUHFRP- ÀFRU
PHQGDWLRQVWKHÀQGLQJVDQGUHFRPPHQGDWLRQV
shall be considered approved and the director (C) Hides from view or interferes with the
VKDOOSURFHHGWRSODFHRUFRQVWUXFWWKHWUDIÀF HIIHFWLYHQHVVRIDWUDIÀFFRQWUROGHYLFHRUUDLO-
FRQWUROGHYLFHLQDFFRUGDQFHZLWKWKHÀQGLQJV URDGVLJQRUVLJQDO
DQGUHFRPPHQGDWLRQV (b) Places or maintains upon any highway
(e) The commission is authorized to classify, DQ\WUDIÀFVLJQRUVLJQDOEHDULQJWKHUHRQDQ\
designate and mark both interstate and intra- FRPPHUFLDODGYHUWLVLQJGHYLFH
state highways within the boundaries of this (2) This section does not prohibit the placing
VWDWH>FF and maintaining of signs, markers or signals
FFF@ bearing thereon the name of an organization
810.212 Requirements for certain speed authorized to place the same by the appropriate
limit signs. Any sign that is posted on a high- SXEOLFDXWKRULW\
way in this state that expresses a speed limit in (YHU\SURKLELWHGVLJQVLJQDOPDUNLQJ
kilometers per hour shall also show the speed or device is hereby declared to be a public nui-
OLPLWLQPLOHVSHUKRXU7KHOLPLWLQPLOHV sance and the authority with jurisdiction over
per hour shall be printed above the limit in the highway, without notice, may remove it or
kilometers per hour and shall be of equal size FDXVHLWWREHPRYHG
OHWWHULQJ>F@
(4) The offense described in this section,
6LJQVSURKLELWLQJXQPXIÁHG XQODZIXOVLJQGLVSOD\LVD&ODVV%WUDIÀFYLR-
engine brakes. (1) The Oregon Trans- ODWLRQ>FF
portation Commission shall adopt uniform F@
standards for posting signs prohibiting the
XVHRIXQPXIÁHGHQJLQHEUDNHVDVGHVFULEHG 810.240 Unlawful interference with
LQ256 WUDIÀFFRQWUROGHYLFHRUUDLOURDGVLJQ
penalty. (1) A person commits the offense of
(2) The commission is authorized to provide XQODZIXOLQWHUIHUHQFHZLWKDWUDIÀFFRQWURO
a uniform system of posting signs within the device or railroad sign if the person, without
ERXQGDULHVRIWKHVWDWH$Q\VLJQSRVWHGVKDOO lawful authority and with criminal negligence,
LQIRUPWKHGULYHUWKDWWKHXVHRIXQPXIÁHG attempts to or does alter, deface, injure, knock
engine braking is prohibited and shall give the GRZQRUUHPRYHDQ\WUDIÀFFRQWUROGHYLFHRU
GROODUDPRXQWRIWKHPD[LPXPÀQHSURYLGHG any railroad sign or signal or any inscription,
IRUYLRODWLRQRI256 shield or insignia thereon or any other part
(3) All signs placed shall conform to WKHUHRI
VSHFLÀFDWLRQVDSSURYHGE\WKHFRPPLVVLRQ (2) The offense described in this section,
The commission may use signs that show XQODZIXO LQWHUIHUHQFH ZLWK WUDIÀF FRQWURO
(a) The security shall be returned to the 810.330 Use of automobile membership
person when the person delivers any security card as security deposit. The unexpired
DPRXQWUHTXLUHGE\WKHFRXUW7KHFRXUWPD\ membership card of any member of an auto-
require that any moneys deposited as security mobile association is acceptable as a security
be applied against the security amount set by deposit for that member as provided under
WKHFRXUW WKLVVHFWLRQ7KHXVHRIDQXQH[SLUHGPHP-
E,IWKHPDJLVWUDWHGRHVQRWKDYHMXULV- bership card as security deposit is subject to
diction of the crime, the magistrate shall WKHIROORZLQJ
promptly forward the security accepted and (1) The membership card may only be used
all documents in connection with the case to DVDVHFXULW\GHSRVLW
the most conveniently located court having (a) For the violation of any motor vehicle law
jurisdiction of the crime and in which the venue RIWKLVVWDWHRUWUDIÀFFULPHRIDQ\FLW\LQWKLV
PD\SURSHUO\EHODLG>F state if the security amount in any individual
F@ case does not exceed $1,000; and
810.310 Use of license as security E:KHQDXWKRUL]HGXQGHU256
deposit. The current valid license of a person RU
that is issued by this state is acceptable, when
DXWKRUL]HGXQGHU256DVDVHFXULW\ (2) To qualify for use as a security deposit,
GHSRVLWIRUDSHUVRQRQDWUDIÀFFULPH7KHXVH the membership card must be the card of an
of a license as security under this section is automobile association incorporated under the
VXEMHFWWRDOORIWKHIROORZLQJ laws of this state that has deposited with and
maintains with the State Treasurer the sum
(1) Upon acceptance of the license as secu- of $2,000 in cash or in bonds approved by the
rity, the magistrate or clerk or deputy clerk 6WDWH7UHDVXUHU
authorized by the magistrate shall issue the
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 7KHDVVRFLDWLRQZLWKLQÀYHGD\VDIWHU
DQRWLÀFDWLRQWKDWWKHSHUVRQIDLOHGWRDSSHDU the receipt of notice, under subsection (2) of
DQGDQRWLÀFDWLRQWRVXVSHQGWKHGULYLQJSULYL- this section, shall remit the amount of the
OHJHVRIWKHSHUVRQ7KHGHSDUWPHQWVKDOOWDNH security amount so forfeited to the magis-
action on the license and notice as provided WUDWHRURWKHURIÀFHU,IWKHDVVRFLDWLRQIDLOV
XQGHU256>F or refuses to remit the security amount within
FFF@ WKDWSHULRGWKHPDJLVWUDWHRURWKHURIÀFHU
810.320 Use of guaranteed arrest bond having the matter in charge or the district
FHUWLÀFDWHDVVHFXULW\GHSRVLWThe unex- attorney shall notify the State Treasurer, who
SLUHGJXDUDQWHHGDUUHVWERQGFHUWLÀFDWHDV VKDOO
GHÀQHGLQ256RIDPHPEHURIDQ D3D\WKHVHFXULW\DPRXQWWRWKHRIÀFHURU
automobile club or automobile association magistrate lawfully entitled to receive it;
is acceptable, when authorized under ORS
RUDVDVHFXULW\ (b) Deduct that amount from the amount of
GHSRVLWIRUWKDWPHPEHUIRUDQ\WUDIÀFFULPH deposit with the State Treasurer by the asso-
other than a felony, if the security deposit 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
,IWKHDVVRFLDWLRQIDLOVRUQHJOHFWVIRUD
(1) To qualify for use as a security deposit, a period of 10 days to comply with the notice of
JXDUDQWHHGDUUHVWERQGFHUWLÀFDWHPXVWKDYH the treasurer under subsection (3) of this sec-
a surety company that has become a surety on tion, the membership cards of such association
WKHFHUWLÀFDWHDVSURYLGHGXQGHU256 shall not thereafter be accepted as a security
WR GHSRVLWZKLOHWKHGHIDXOWFRQWLQXHV
,I WKH LQGLYLGXDO GRHV QRW PDNH WKH 8SRQWKHSD\PHQWRIWKHVHFXULW\DPRXQW
DSSHDUDQFHWKHVXUHW\IRUWKHFHUWLÀFDWHLV under this section by the association, the mem-
subject on the undertaking of the surety under bership card so deposited shall be immediately
256WRDQ\IRUIHLWXUHRUHQIRUFHPHQW UHWXUQHGWRWKHDVVRFLDWLRQE\WKHRIÀFHUZKR
provision of any statute, charter or ordinance DFFHSWHGLWDVDVHFXULW\GHSRVLW>F
that otherwise applies to security deposits on FF@
WKHLUXQGHUWDNLQJ>FF
FF@
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RU or outside the jurisdictional authority of the
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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- D6KDOOQRWDUUHVWDSHUVRQIRUDWUDIÀF
tation an abstract of conviction for any person YLRODWLRQ
ZKRLVFRQYLFWHG
(b) May stop and detain a person for a traf-
(c) Shall send the department a copy of any ÀFYLRODWLRQIRUWKHSXUSRVHVRILQYHVWLJDWLRQ
ÀQDOMXGJPHQWRIFRQYLFWLRQRIDQ\SHUVRQWKDW UHDVRQDEO\UHODWHGWRWKHWUDIÀFYLRODWLRQLGHQ-
results in mandatory suspension or revocation WLÀFDWLRQDQGLVVXDQFHRIFLWDWLRQ
of driving privileges or commercial driving
SULYLOHJHV XQGHU 256 (c) May make an inquiry into circumstances
WRRU arising during the course of a detention and
investigation under paragraph (b) of this sub-
(d) Shall send the department a copy of any section that give rise to a reasonable suspicion
ÀQDOMXGJPHQWÀQGLQJDSHUVRQFKDUJHGZLWK RIFULPLQDODFWLYLW\
DWUDIÀFRIIHQVHJXLOW\H[FHSWIRULQVDQLW\DQG
committed to the jurisdiction of the Psychiatric (d) May make an inquiry to ensure the
Security Review Board or the Oregon Health VDIHW\RIWKHRIÀFHUWKHSHUVRQVWRSSHGRU
$XWKRULW\XQGHU256WR other persons present, including an inquiry
UHJDUGLQJWKHSUHVHQFHRIZHDSRQV
(2) The department shall keep such records
LQ LWV RIÀFH DQG WKH\ VKDOO EH RSHQ WR WKH (e) May request consent to search in relation
inspection of any person during reasonable to the circumstances referred to in paragraph
EXVLQHVVKRXUV (c) of this subsection or to search for items of
evidence otherwise subject to search or seizure
(3) To comply with this section, a judge or XQGHU256
FOHUNPXVWFRPSO\ZLWKWKHIROORZLQJ
(f) May use the degree of force reasonably
(a) Any information required by this sec- necessary to make the stop and ensure the
tion to be sent to the department must be sent VDIHW\RIWKHSROLFHRIÀFHUWKHSHUVRQVWRSSHG
ZLWKLQWKHWLPHSURYLGHGXQGHU256 RURWKHUSHUVRQVSUHVHQW
and must include information required by ORS
(g) May make an arrest of a person as
DXWKRUL]HGE\256LIWKHSHUVRQLV
E ,QIRUPDWLRQ PD\ QRW EH VHQW WR WKH stopped and detained pursuant to the authority
department under this section concerning con- RIWKLVVHFWLRQ
YLFWLRQVH[FOXGHGIURP256>)RUPHUO\
FF :KHQDSROLFHRIÀFHUDWWKHVFHQHRID
FFF@ WUDIÀFDFFLGHQWKDVUHDVRQDEOHJURXQGVEDVHG
XSRQWKHSROLFHRIÀFHU·VSHUVRQDOLQYHVWLJDWLRQ
810.380>FF to believe that a person involved in the accident
FUHSHDOHGE\F@ KDVFRPPLWWHGDWUDIÀFRIIHQVHLQFRQQHFWLRQ
ZLWKWKHDFFLGHQWWKHSROLFHRIÀFHUPD\LVVXH
POLICE WRWKHSHUVRQDFLWDWLRQIRUWKDWRIIHQVH7KH
authority under this subsection is in addition
(General Authority) to any other authority to issue a citation for
DWUDIÀFRIIHQVH>FF
810.400 Uniform or badge required. Any FFF
SROLFHRIÀFHUDWWHPSWLQJWRHQIRUFHWKHWUDIÀF FF
laws of this state shall be in uniform or shall FF@
FRQVSLFXRXVO\GLVSOD\DQRIÀFLDOLGHQWLÀFDWLRQ
FDUGVKRZLQJWKHRIÀFHU·VODZIXODXWKRULW\ 810.415 Removal of vehicles, cargo
>F@ or debris from roadway after accident.
$ODZHQIRUFHPHQWRIÀFHUZKRFRPHVWRWKH
810.410 Arrest and citation. (1) A police VFHQHRIDQDFFLGHQWGHVFULEHGLQ256
RIÀFHUPD\DUUHVWRULVVXHDFLWDWLRQWRDSHUVRQ may remove or direct the driver of a vehicle
IRUDWUDIÀFFULPHDWDQ\SODFHZLWKLQRURXWVLGH involved in the accident to remove from the
the jurisdictional authority of the governmen- roadway any vehicle, cargo or debris resulting
WDOXQLWE\ZKLFKWKHSROLFHRIÀFHULVDXWKRUL]HG IURPWKHDFFLGHQW$SHUVRQDFWLQJXQGHUWKH
WRDFWDVSURYLGHGE\256DQG authority granted by this section is not liable
for damage to a vehicle, cargo or debris caused
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 IURPWKHPDLOLQJRIWKHFLWDWLRQDFHUWLÀFDWH
light, the yellow light shows for at least the of nonliability stating that at the time of the
length of time recommended by the stan- alleged violation the vehicle was in the cus-
GDUGVHWE\WKH,QVWLWXWHRI7UDQVSRUWDWLRQ tody and control of an employee or was in the
(QJLQHHUV custody and control of a renter or lessee under
(d) The citation is mailed to the registered the terms of a motor vehicle rental agreement
owner of the vehicle, or to the driver if identi- or lease, and if the business or public agency
ÀDEOHZLWKLQEXVLQHVVGD\VRIWKHDOOHJHG provides the driver license number, name and
YLRODWLRQ address of the employee, renter or lessee, the
citation shall be dismissed with respect to the
(e) The registered owner is given 30 days EXVLQHVVRUSXEOLFDJHQF\7KHFLWDWLRQPD\
from the date the citation is mailed to respond then be reissued and delivered by mail or other-
WRWKHFLWDWLRQ ZLVHWRWKHHPSOR\HHUHQWHURUOHVVHHLGHQWLÀHG
I$SROLFHRIÀFHUZKRKDVUHYLHZHGWKHSKR- LQWKHFHUWLÀFDWHRIQRQOLDELOLW\
WRJUDSKVLJQVWKHFLWDWLRQ7KHFLWDWLRQPD\EH (7) The penalties for and all consequences
prepared on a digital medium, and the signa- RIDYLRODWLRQRI256LQLWLDWHGE\WKH
ture may be electronic in accordance with the use of a camera installed as provided in this
SURYLVLRQVRI256WR VHFWLRQDQG256DUHWKHVDPHDVIRU
,IWKHSHUVRQQDPHGDVWKHUHJLVWHUHG DYLRODWLRQLQLWLDWHGE\DQ\RWKHUPHDQV
owner of a vehicle in the current records of the (8) A registered owner or an employee,
Department of Transportation fails to respond renter or lessee against whom a judgment for
to a citation issued under subsection (1) of failure to appear is entered may move the court
this section, a default judgment under ORS to relieve the owner or the employee, renter or
PD\EHHQWHUHGIRUIDLOXUHWRDSSHDU lessee from the judgment as provided in ORS
after notice has been given that the judgment LIWKHIDLOXUHWRDSSHDUZDVGXHWR
ZLOOEHHQWHUHG mistake, inadvertence, surprise or excusable
(3) A rebuttable presumption exists that the QHJOHFW>FF
registered owner of the vehicle was the driver FFDF
of the vehicle when the citation was issued and FFF@
GHOLYHUHGDVSURYLGHGLQWKLVVHFWLRQ
(Photo Radar)
(4) A person issued a citation under sub-
section (1) of this section may respond to the 810.438 Photo radar; authorized juris-
FLWDWLRQE\VXEPLWWLQJDFHUWLÀFDWHRILQQRFHQFH dictions. (1) The following jurisdictions may,
RUDFHUWLÀFDWHRIQRQOLDELOLW\XQGHUVXEVHFWLRQ DWWKHLURZQFRVWRSHUDWHSKRWRUDGDU
RIWKLVVHFWLRQRUDQ\RWKHUUHVSRQVHDOORZHG D$OEDQ\
E\ODZ
E%HDYHUWRQ
$FLWDWLRQIRUYLRODWLRQRI256
issued on the basis of photographs from a F%HQG
camera installed as provided in this section G(XJHQH
DQG256PD\EHGHOLYHUHGE\PDLORU
otherwise to the registered owner of the vehicle H*ODGVWRQH
RUWRWKHGULYHULIWKHGULYHULVLGHQWLÀDEOHIURP I0HGIRUG
WKHSKRWRJUDSK
J0LOZDXNLH
D$UHJLVWHUHGRZQHURIDYHKLFOHPD\
respond by mail to a citation issued under K2UHJRQ&LW\
subsection (1) of this section by submitting, L3RUWODQG
within 30 days from the mailing of the citation,
DFHUWLÀFDWHRILQQRFHQFHVZHDULQJRUDIÀUPLQJ M7LJDUG
that the owner was not the driver of the vehicle (2) A photo radar system operated under
and by providing a photocopy of the owner’s WKLVVHFWLRQ
GULYHUOLFHQVH$MXULVGLFWLRQWKDWUHFHLYHVD (a) May be used on streets in residential
FHUWLÀFDWHRILQQRFHQFHXQGHUWKLVSDUDJUDSK DUHDVRUVFKRRO]RQHV
shall dismiss the citation without requiring
a court appearance by the registered owner (b) May be used in other areas if the gov-
or any other information from the registered HUQLQJERG\RIWKHFLW\PDNHVDÀQGLQJWKDW
RZQHURWKHUWKDQWKHVZHDULQJRUDIÀUPDWLRQ VSHHGLQJKDVKDGDQHJDWLYHLPSDFWRQWUDIÀF
DQGWKHSKRWRFRS\7KHFLWDWLRQPD\EHUHLV- VDIHW\LQWKRVHDUHDV
sued only once, only to the registered owner (c) May not be used for more than four hours
DQGRQO\LIWKHMXULVGLFWLRQYHULÀHVWKDWWKHUHJ- SHUGD\LQDQ\RQHORFDWLRQ
istered owner appears to have been the driver
DWWKHWLPHRIWKHYLRODWLRQ$UHJLVWHUHGRZQHU (d) May not be used on controlled access
KLJKZD\V
(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 WLÀFDWHRIQRQOLDELOLW\XQGHUVXEVHFWLRQRI
the location of the photo radar unit; this section or may make any other response
DOORZHGE\ODZ
(C) Be at least two feet above ground level;
and (2) A citation issued on the basis of photo
radar may be delivered by mail or otherwise
',ISRVWHGLQDVFKRRO]RQHQRWRWKHUZLVH to the registered owner of the vehicle or to
PDUNHGE\DÁDVKLQJOLJKWXVHGDVDWUDIÀF WKHGULYHU7KHFLWDWLRQPD\EHSUHSDUHGRQ
FRQWUROGHYLFHLQGLFDWHWKDWVFKRROLVLQVHVVLRQ a digital medium, and the signature may be
(3) A city that operates a photo radar system electronic in accordance with the provisions of
under this section shall, once each biennium, 256WR
conduct a process and outcome evaluation for (3)(a) A registered owner of a vehicle may
the purposes of subsection (4) of this section respond by mail to a citation issued under
WKDWLQFOXGHV subsection (1) of this section by submitting a
(a) The effect of the use of the photo radar FHUWLÀFDWHRILQQRFHQFHZLWKLQGD\VIURPWKH
V\VWHPRQWUDIÀFVDIHW\ PDLOLQJRIWKHFLWDWLRQVZHDULQJRUDIÀUPLQJ
that the owner was not the driver of the vehicle
(b) The degree of public acceptance of the and by providing a photocopy of the owner’s
use of the photo radar system; and GULYHUOLFHQVH$MXULVGLFWLRQWKDWUHFHLYHVD
(c) The process of administration of the use FHUWLÀFDWHRILQQRFHQFHXQGHUWKLVSDUDJUDSK
RIWKHSKRWRUDGDUV\VWHP shall dismiss the citation without requiring
a court appearance by the registered owner
(4) By March 1 of each odd-numbered year, or any other information from the registered
each city that operates a photo radar system RZQHURWKHUWKDQWKHVZHDULQJRUDIÀUPDWLRQ
under this section shall present to the Leg- DQGWKHSKRWRFRS\7KHFLWDWLRQPD\EHUHLV-
islative Assembly the process and outcome sued only once, only to the registered owner
evaluation conducted by the city under sub- DQGRQO\LIWKHMXULVGLFWLRQYHULÀHVWKDWWKHUHJ-
VHFWLRQRIWKLVVHFWLRQ>F istered owner appears to have been the driver
FFF DWWKHWLPHRIWKHYLRODWLRQ$UHJLVWHUHGRZQHU
FFF PD\QRWVXEPLWDFHUWLÀFDWHRILQQRFHQFHLQ
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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,
WLRQRIWKHSKRWRUDGDUXQLW UHQWHURUOHVVHHLGHQWLÀHGLQWKHFHUWLÀFDWHRI
(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 to a citation issued under subsection (1) of
owner of the vehicle within six business days this section, a default judgment under ORS
RIWKHDOOHJHGYLRODWLRQ PD\EHHQWHUHGIRUIDLOXUHWRDSSHDU
after notice has been given that the judgment
(F) The registered owner is given 30 days ZLOOEHHQWHUHG
from the date the citation is mailed to respond
WRWKHFLWDWLRQ (5) The penalties for and all consequences
of a speeding violation initiated by the use of
(G) The jurisdiction operating photo radar photo radar are the same as for a speeding
complies with the requirements described in YLRODWLRQLQLWLDWHGE\DQ\RWKHUPHDQV
256
$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
relieve the owner, employee, renter or lessee 810.442 Citations based on photo radar
IURPWKHMXGJPHQWDVSURYLGHGLQ256 in highway work zones; response to cita-
if the failure to appear was due to mistake, tion. (1) Notwithstanding any other provision
LQDGYHUWHQFHVXUSULVHRUH[FXVDEOHQHJOHFW of law, when a jurisdiction or the Oregon State
>FFF Police uses photo radar in a highway work
FFF ]RQH
F@ (a) A citation for speeding may be issued on
810.>FF the basis of photo radar if the following condi-
FUHQXPEHUHGLQ@ WLRQVDUHPHW
810.441 Photo radar; highway work (A) The photo radar unit is operated by a
zones. (1) The Department of Transportation XQLIRUPHGSROLFHRIÀFHU
may operate photo radar within a highway (B) The photo radar unit is operated out of
ZRUN]RQHWKDWLVORFDWHGRQDVWDWHKLJKZD\ DPDUNHGSROLFHYHKLFOH
7KHSKRWRUDGDUXQLWPD\EHRSHUDWHGRQO\
(C) An indication of the actual speed of the
D,QWKHDUHDZLWKLQDKLJKZD\ZRUN]RQH vehicle is displayed within 150 feet of the loca-
ZKHQKLJKZD\ZRUNHUVDVGHÀQHGLQ256 WLRQRIWKHSKRWRUDGDUXQLW
DUHSUHVHQW7KHSKRWRUDGDUXQLWPD\
not be operated in a location more than 100 (D) The citation is mailed to the registered
yards from where highway workers are present owner of the vehicle within six business days
and, in the case of a divided state highway, the RIWKHDOOHJHGYLRODWLRQ
photo radar unit must be located on the same (7KHUHJLVWHUHGRZQHULVJLYHQGD\V
URDGZD\ZKHUHKLJKZD\ZRUNHUVDUHSUHVHQW from the date the citation is mailed to respond
E:KHQWKHFRQÀJXUDWLRQRIWKHURDGZD\LV WRWKHFLWDWLRQ
temporarily changed, including but not limited (F)(i) One or more highway workers, as
to temporary changes made to the number of GHÀQHGLQ256DUHSUHVHQWDQGWKH
usable lanes, lane width, shoulder width or photo radar unit is operated within 100 yards
FXUYDWXUHRIWKHURDGZD\7KHSKRWRUDGDU from where highway workers are present and
unit may not be operated in a location more located on the same roadway where highway
WKDQ\DUGVIURPZKHUHWKHFRQÀJXUDWLRQ workers are present; or
of the roadway is temporarily changed and,
in the case of a divided state highway, the LL 7KH FRQÀJXUDWLRQ RI WKH URDGZD\ LV
photo radar unit must be located on the same temporarily changed within the highway work
URDGZD\ZKHUHWKHKLJKZD\FRQÀJXUDWLRQLV zone, including but not limited to temporary
WHPSRUDULO\FKDQJHG changes made to the number of usable lanes,
lane width, shoulder width or curvature of the
(2) The department, at its own cost, may roadway, and the photo radar unit is operated
ask a jurisdiction authorized to operate photo ZLWKLQ\DUGVIURPZKHUHWKHFRQÀJXUD-
UDGDUXQGHU256RUWKH2UHJRQ tion of the roadway is temporarily changed
State Police to operate a photo radar unit in a and located on the same roadway where the
KLJKZD\ZRUN]RQHRQDVWDWHKLJKZD\ KLJKZD\FRQÀJXUDWLRQLVWHPSRUDULO\FKDQJHG
(3) A photo radar unit operated under this (G) The jurisdiction operating photo radar
section may not be used unless a sign is posted complies with the requirements described in
DQQRXQFLQJWKDWSKRWRUDGDULVLQXVH7KHVLJQ 256
posted under this subsection must be all of the
IROORZLQJ (b) A rebuttable presumption exists that the
registered owner of the vehicle was the driver
(a) Located on the state highway on which of the vehicle when the citation is issued and
WKHSKRWRUDGDUXQLWLVEHLQJXVHG GHOLYHUHGDVSURYLGHGLQWKLVVHFWLRQ
(b) Between 100 and 400 yards before the (c) A person issued a citation under this
ORFDWLRQRIWKHSKRWRUDGDUXQLW subsection may respond to the citation by
(4) The department shall, once each VXEPLWWLQJDFHUWLÀFDWHRILQQRFHQFHRUDFHU-
biennium, conduct a process and outcome WLÀFDWHRIQRQOLDELOLW\XQGHUVXEVHFWLRQRI
evaluation for the purposes of subsection (5) this section or may make any other response
RIWKLVVHFWLRQWKDWLQFOXGHV DOORZHGE\ODZ
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>FF@ that the owner was not the driver of the vehicle
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shall dismiss the citation without requiring (A) Be on the street on which the photo radar
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or any other information from the registered
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PDLOLQJRIWKHFLWDWLRQDFHUWLÀFDWHRIQRQOL- biennium, conduct an outcome evaluation for
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speeding violation the vehicle was in the cus- WKDWLQFOXGHV
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driver license number, name and address of the RSHUDWLRQRIWKHSKRWRUDGDUXQLW
employee, renter or lessee, the citation shall be
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delivered by mail or otherwise to the employee, islative Assembly the outcome evaluation
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owner of a vehicle in the current records of the 6HF1RWZLWKVWDQGLQJDQ\RWKHUSUR-
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IURPWKHMXGJPHQWDVSURYLGHGLQ256 each entrance to the school zone; and
if the failure to appear was due to mistake,
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under this paragraph shall dismiss the citation PLJKWIDLOWRDSSHDULQUHVSRQVHWRDFLWDWLRQ
without requiring a court appearance by the Authority granted by this section is in addi-
registered owner or any other information from tion to any authority to accept security under
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may be reissued only once, only to the regis- DOORIWKHIROORZLQJ
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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
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nonliability within 30 days from the mailing (a) An unexpired automobile membership
of the citation stating that at the time of the FDUGGHVFULEHGXQGHU256RU
alleged speeding violation the vehicle was in
the custody and control of an employee, or was (b) An unexpired guaranteed arrest bond
in the custody and control of a renter or lessee FHUWLÀFDWHGHVFULEHGXQGHU256
under the terms of a rental agreement or lease, $QRIÀFHUPD\WDNHVHFXULW\IRURIIHQVHV
and if the business or public agency provides described in this subsection whether or not
the driver license number, name and address there is an accessible magistrate or clerk or
of the employee, renter or lessee, the citation GHSXW\FOHUNDXWKRUL]HGE\WKHPDJLVWUDWH7KLV
shall be dismissed with respect to the busi- subsection applies to the following offenses for
QHVVRUSXEOLFDJHQF\7KHFLWDWLRQPD\WKHQ ZKLFKDMDLOVHQWHQFHPD\EHLPSRVHG
(f) Violation of posted limits on use of road (a) Repeatedly violating or avoiding
XQGHU256 any order or rule of the Department of
(g) Violation of towing safety requirements 7UDQVSRUWDWLRQ
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XQGHU256 VHUYLFHDXWKRUL]HGE\FHUWLÀFDWH
(i) Dragging objects on highway under ORS F5HIXVLQJRUIDLOLQJWRÀOHWKHDQQXDO
UHSRUWDVUHTXLUHGE\256
(j) Unlawful use of devices without wheels (d) Refusing or failing to maintain records
XQGHU256 required by the department or to produce such
records for examination as required by the
(k) Unlawful use of metal objects on tires GHSDUWPHQW
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(o) Failure to comply with commercial vehi- (g) Delinquency in reporting or paying any
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UHYRNHG LQ YLRODWLRQ RI 256 LI WKH PD\LVVXHDFLWDWLRQIRUWKHRIIHQVHLQ
person is operating a commercial motor vehicle WKHVDPHPDQQHUDVXQGHU256DVLI
while the person’s commercial driving privi- the weighmaster or motor carrier enforcement
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(t) Failure to use vehicle traction tires or (4) The authority of a weighmaster or motor
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is operating a motor vehicle subject to ORS or arrest under this section is subject to ORS
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(2) A weighmaster or motor carrier enforce- (5)(a) A person is a weighmaster for pur-
PHQW RIÀFHU LQ ZKRVH SUHVHQFH DQ RIIHQVH poses of this section if the person is a county
described in this subsection is committed by ZHLJKPDVWHURUDSROLFHRIÀFHU
a person operating a commercial motor vehicle
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this subsection has been committed by a person FHUE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
operating a commercial motor vehicle or by a $ZHLJKPDVWHURUPRWRUFDUULHUHQIRUFH-
motor carrier for which the person is acting as PHQWRIÀFHUPD\DFFHSWVHFXULW\LQWKHVDPH
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A weighmaster or motor carrier enforcement DQGDQGPD\WDNHDVVHFXULW\IRUWKH
RIÀFHULVVXLQJDFLWDWLRQXQGHUWKLVVXEVHFWLRQ offenses, in addition to other security permit-
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issued under this subsection to the operator of
a commercial motor vehicle shall be considered (7) A weighmaster or motor carrier enforce-
to have been issued to the motor carrier that PHQWRIÀFHUPD\DUUHVWDSHUVRQIRUWKHRIIHQVH
owns the commercial motor vehicle if the oper- of failure to appear in a violation proceeding
DWRULVQRWWKHRZQHU7KLVVXEVHFWLRQDSSOLHV XQGHU256LIWKHYLRODWLRQLVEDVHG
to the following offenses, all of which are Class upon a citation for any offense described in
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GHVFULEHGLQVXEVHFWLRQSRIWKLVVHFWLRQ
Chapter 811
(',7,21
RULES OF THE ROAD FOR DRIVERS
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
$,QDODQHWKDWLVVHSDUDWHIURPDQGDGMD- F7KLVVHFWLRQDQG256HVWDEOLVK
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 ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
(C) When the driver is passing a person this section, violation of the basic speed rule
operating a bicycle on the person’s right side by exceeding a designated speed posted under
and the person operating the bicycle is turning 256LVSXQLVKDEOHDVSURYLGHGLQ256
OHIW
(b) The driver of a motor vehicle may drive (4) The offense described in this section, vio-
to the left of the center of a roadway to pass a ODWLQJWKHEDVLFVSHHGUXOHLVD&ODVV%WUDIÀF
person operating a bicycle proceeding in the violation if the person drives a vehicle upon a
same direction only if the roadway to the left highway at a speed that is not reasonable and
RIWKHFHQWHULVXQREVWUXFWHGIRUDVXIÀFLHQW prudent under the circumstances described in
distance to permit the driver to pass the person subsection (1) of this section even though the
operating the bicycle safely and avoid interfer- speed is lower than the appropriate speed spec-
HQFHZLWKRQFRPLQJWUDIÀF7KLVSDUDJUDSK LÀHGLQ256DVSULPDIDFLHHYLGHQFH
does not authorize driving on the left side of RIYLRODWLRQRIWKHEDVLFVSHHGUXOH>F
the center of a roadway when prohibited under FFF
256RUWR FF@
(c) The driver of a motor vehicle that passes 811.105 Speeds that are evidence of
a person operating a bicycle shall return to an basic rule violation. (1) Any speed in excess
DXWKRUL]HGODQHRIWUDIÀFDVVRRQDVSUDFWLFDEOH of a designated speed posted by authority
JUDQWHGXQGHU256LVSULPDIDFLH
(2) Passing a person operating a bicycle in evidence of violation of the basic speed rule
DQRSDVVLQJ]RQHLQYLRODWLRQRI256 XQGHU256
constitutes prima facie evidence of commission
of the offense described in this section, unsafe ,I QR GHVLJQDWHG VSHHG LV SRVWHG E\
passing of a person operating a bicycle, if the DXWKRULW\JUDQWHGXQGHU256DQ\
passing results in injury to or the death of the speed in excess of one of the following speeds
SHUVRQRSHUDWLQJWKHELF\FOH is prima facie evidence of violation of the basic
VSHHGUXOH
(3) The offense described in this section,
unsafe passing of a person operating a bicycle, (a) Fifteen miles per hour when driving on
LVD&ODVV%WUDIÀFYLRODWLRQ>F@ DQDOOH\RUDQDUURZUHVLGHQWLDOURDGZD\
NoteZDVDGGHGWRDQGPDGHDSDUW (b) Twenty miles per hour in a business
of the Oregon Vehicle Code by legislative action GLVWULFW
but was not added to ORS chapter 811 or any F7ZHQW\ÀYHPLOHVSHUKRXULQDQ\SXEOLF
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG SDUN
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ G7ZHQW\ÀYHPLOHVSHUKRXURQDKLJKZD\
LQDUHVLGHQFHGLVWULFWLI
SPEED (A) The residence district is not located
within a city; and
(Basic Rule)
(B) The highway is neither an arterial nor
811.100 Violation of basic speed rule; DFROOHFWRUKLJKZD\
penalty. (1) A person commits the offense of
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 FF
GXHUHJDUGWRDOORIWKHIROORZLQJ FFF
FFF
D7KHWUDIÀF F@
E7KHVXUIDFHDQGZLGWKRIWKHKLJKZD\ 811.106>FF
F7KHKD]DUGDWLQWHUVHFWLRQV FFDEUHQXPEHUHG
LQ@
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811.108 Relationship between speed
H9LVLELOLW\ limits and basic rule. (1) The speed limits
I$Q\RWKHUFRQGLWLRQVWKHQH[LVWLQJ HVWDEOLVKHGE\256GRQRWDXWKRUL]H
speeds higher than those required for compli-
(2) The following apply to the offense DQFHZLWKWKHEDVLFVSHHGUXOH
GHVFULEHGLQWKLVVHFWLRQ
(2) The basic speed rule does not authorize
(a) The offense is as applicable on an alley speeds higher than those established as speed
DVRQDQ\RWKHUKLJKZD\ OLPLWVE\256>F
(b) Speeds that are prima facie evidence of F@
violation of this section are established by ORS
(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
DDQG E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
L7KHVFKRRO]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
%$FURVVZDONGHVFULEHGLQ256 described in subsection (1)(b) of this section; or
EDQG E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
L$ÁDVKLQJOLJKWLVXVHGDVDWUDIÀFFRQWURO YHKLFOHV
device and operated as provided under ORS (8) A person commits the offense of violating
RU a speed limit if the person drives a vehicle on
(ii) Children are present, as described in the portion of State Highway 395 beginning
256 in Burns and ending in John Day at a speed
(2) A person commits the offense of violating JUHDWHUWKDQ
a speed limit if the person drives a vehicle on (a) Sixty miles per hour for vehicles
WKHSRUWLRQRI,QWHUVWDWHEHJLQQLQJDWWKH described in subsection (1)(b) of this section; or
eastern city limit of The Dalles and ending at E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
WKH,GDKRVWDWHOLQHDWDVSHHGJUHDWHUWKDQ YHKLFOHV
D6L[W\ÀYHPLOHVSHUKRXUIRUYHKLFOHV (9) A person commits the offense of violating
described in subsection (1)(b) of this section; or a speed limit if the person drives a vehicle on
(b) Seventy miles per hour for all other the portion of State Highway 395 beginning in
YHKLFOHV Riley and ending at the California state line
(3) A person commits the offense of violating DWDVSHHGJUHDWHUWKDQ
a speed limit if the person drives a vehicle on (a) Sixty miles per hour for vehicles
the portion of State Highway 95 beginning at described in subsection (1)(b) of this section; or
WKH,GDKRVWDWHOLQHDQGHQGLQJDWWKH1HYDGD E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU
VWDWHOLQHDWDVSHHGJUHDWHUWKDQ YHKLFOHV
D6L[W\ÀYHPLOHVSHUKRXUIRUYHKLFOHV (10) 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
(b) Seventy miles per hour for all other on the portion of Oregon Route 205 beginning
YHKLFOHV in Burns and ending in Frenchglen at a speed
(4) A person commits the offense of violating JUHDWHUWKDQ
a speed limit if the person drives a vehicle on (a) Sixty miles per hour for vehicles
the portion of State Highway 20 beginning in described in subsection (1)(b) of this section; or
Bend and ending in Ontario at a speed greater E6L[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
E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU RQWKHSRUWLRQRI6WDWH+LJKZD\EHJLQQLQJ
YHKLFOHV in John Day and ending in Vale at a speed
(5) A person commits the offense of violating JUHDWHUWKDQ
a speed limit if the person drives a vehicle on (a) Sixty miles per hour for vehicles
the portion of State Highway 197 beginning described in subsection (1)(b) of this section; or
in The Dalles and ending at its intersection E6L[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,
E6L[W\ÀYHPLOHVSHUKRXUIRUDOORWKHU violating a speed limit, is punishable as pro-
YHKLFOHV YLGHGLQ256>F
$SHUVRQFRPPLWVWKHRIIHQVHRIYLRODWLQJ FDFF
a speed limit if the person drives a vehicle on FFF
the portion of State Highway 31 beginning in F@
Note 7KH DPHQGPHQWV WR E\ (A) A segment of highway described in ORS
VHFWLRQFKDSWHU2UHJRQ/DZV DDQG
EHFRPHRSHUDWLYH0DUFK6HHVHFWLRQ L7KHVFKRRO]RQHKDVDÁDVKLQJOLJKWXVHG
FKDSWHU2UHJRQ/DZV7KHWH[W DVDWUDIÀFFRQWUROGHYLFHDQGRSHUDWHGDVSUR-
WKDWLVRSHUDWLYHXQWLO0DUFKLQFOXG- YLGHGXQGHU256RU
ing amendments by section 2, chapter 139,
Oregon Laws 2015, and section 5, chapter 283, LL,IWKHVFKRRO]RQHGRHVQRWKDYHDÁDVKLQJ
Oregon Laws 2015, is set forth for the user’s OLJKWXVHGDVDWUDIÀFFRQWUROGHYLFHWKHSHUVRQ
FRQYHQLHQFH GULYHVLQWKHVFKRRO]RQHEHWZHHQDPDQG
SPRQDGD\ZKHQVFKRROLVLQVHVVLRQ
811.111. (1) A person commits the offense of
YLRODWLQJDVSHHGOLPLWLIWKHSHUVRQ %$FURVVZDONGHVFULEHGLQ256
EDQG
(a) Drives a vehicle on an interstate highway
DWDVSHHGJUHDWHUWKDQPLOHVSHUKRXURULI L$ÁDVKLQJOLJKWLVXVHGDVDWUDIÀFFRQWURO
DGLIIHUHQWVSHHGLVSRVWHGXQGHU256 device and operated as provided under ORS
DWDVSHHGJUHDWHUWKDQWKHSRVWHGVSHHG RU
(b) Notwithstanding paragraph (a) of this (ii) Children are present, as described in
subsection, drives any of the following vehicles 256
at a speed greater than 55 miles per hour on (2) The offense described in this section, vio-
any highway or, if a different speed is posted lating a speed limit, is punishable as provided
XQGHU256DWDVSHHGJUHDWHUWKDQ LQ256
WKHSRVWHGVSHHG
> F F
(A) A motor truck with a gross vehicle weight UHSHDOHGE\F@
rating of more than 10,000 pounds or a truck
tractor with a gross vehicle weight rating of >FF
PRUHWKDQSRXQGV FFF
FFUHSHDOHGE\
%$VFKRROEXV F@
&$VFKRRODFWLYLW\YHKLFOH 811.120>FF
'$ZRUNHUWUDQVSRUWEXV FUHSHDOHGE\F@
($EXVRSHUDWHGIRUWUDQVSRUWLQJFKLOGUHQ 811.122>FUHSHDOHGE\
to and from church or an activity or function F@
DXWKRUL]HGE\DFKXUFK 811.123>FF
(F) Any vehicle used in the transportation FFF
RISHUVRQVIRUKLUHE\DQRQSURÀWHQWLW\ FUHSHDOHGE\F@
(c) Drives a vehicle or conveyance on any 811.124 Meaning of “children are pres-
part of the ocean shore in this state at a speed ent” in ORS 811.111. For purposes of ORS
JUHDWHUWKDQDQ\RIWKHIROORZLQJ FKLOGUHQDUHSUHVHQWDWDQ\WLPHDQG
RQDQ\GD\ZKHQ
(A) Any designated speed for ocean shores
that is established and posted under ORS &KLOGUHQDUH
(a) Occupying or walking within a crosswalk
%,IQRGHVLJQDWHGVSHHGLVSRVWHGXQGHU GHVFULEHGLQ256ERU
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 ERU
DXWKRULW\JUDQWHGXQGHU256RULIQR $WUDIÀFSDWUROPHPEHUSURYLGHGXQGHU
VSHHGLVSRVWHGWKHIROORZLQJ 256WRLVSUHVHQWWRDVVLVW
(A) Fifteen miles per hour when driving on children at a crosswalk described in ORS
DQDOOH\RUDQDUURZUHVLGHQWLDOURDGZD\ E>FF
FDE@
(B) Twenty miles per hour in a business
GLVWULFW (Racing)
&7ZHQW\ÀYHPLOHVSHUKRXULQDSXEOLF
SDUN 811.125 Speed racing on highway; pen-
alty. (1) A person commits the offense of speed
'7ZHQW\ÀYHPLOHVSHUKRXURQDKLJKZD\ racing on a highway if, on a highway in this
in a residence district if the highway is not an state, the person drives a vehicle or partici-
DUWHULDOKLJKZD\ pates in any manner in any of the following
(6L[W\ÀYHPLOHVSHUKRXURQDQLQWHUVWDWH LQZKLFKDYHKLFOHLVLQYROYHG
KLJKZD\ D$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 H7KHPDNLQJRIDVSHHGUHFRUG
(B) Order the penalties under subsection (3) ambulance; penalty. (1) As used in this
ERIWKLVVHFWLRQ VHFWLRQ´URDGVLGHDVVLVWDQFHYHKLFOHµPHDQV
(5) When a court orders a suspension under a vehicle with warning lights that responds to
subsection (4) of this section, the court shall requests for repair assistance from motorists
prepare and send to the Department of Trans- ZLWKGLVDEOHGYHKLFOHV
portation an order of suspension of driving (2) A person operating a motor vehicle com-
SULYLOHJHVRIWKHSHUVRQ8SRQUHFHLSWRIDQ mits the offense of failure to maintain a safe
order under this subsection, the department distance from an emergency vehicle, roadside
shall take action as directed under ORS assistance vehicle, tow vehicle or ambulance
if the person approaches an emergency vehi-
7KHSROLFHRIÀFHULVVXLQJWKHFLWDWLRQIRU cle, roadside assistance vehicle, tow vehicle or
an offense under this section shall note on the ambulance that is stopped and is displaying
citation if the cited offense appears to have UHTXLUHGZDUQLQJOLJKWVDQGWKHSHUVRQ
contributed to the serious physical injury or (a) On a highway having two or more lanes
GHDWKRIDYXOQHUDEOHXVHURIDSXEOLFZD\> IRUWUDIÀFLQDVLQJOHGLUHFWLRQIDLOVWR
FFF (A) Make a lane change to a lane not adja-
FF@ cent to that of the emergency vehicle, roadside
811.140 Reckless driving; penalty. (1) A assistance vehicle, tow vehicle or ambulance;
person commits the offense of reckless driving or
if the person recklessly drives a vehicle upon (B) Reduce the speed of the motor vehicle to a
a highway or other premises described in this VSHHGWKDWLVDWOHDVWÀYHPLOHVSHUKRXUXQGHU
section in a manner that endangers the safety WKHVSHHGOLPLWHVWDEOLVKHGLQ256RU
RISHUVRQVRUSURSHUW\ 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>FF
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
SHUVRQGRHVQRWGRDOORIWKHIROORZLQJ VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
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
FFF@
(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
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 $VXVHGLQWKLVVHFWLRQ´WUDQVLWEXVµ
E.HHSWKHYHKLFOHVWDWLRQDU\XQWLODOOSDV- means a commercial bus operated by a city or
sengers have boarded or alighted therefrom a county, a mass transit district established
DQGUHDFKHGDSODFHRIVDIHW\ XQGHU256WRRUDWUDQVSRU-
(2) This section applies to the following WDWLRQGLVWULFWHVWDEOLVKHGXQGHU256
SXEOLFWUDQVLWYHKLFOHV WR
(a) Commercial buses; and (5) The offense described in this section, fail-
ure to yield the right of way to a transit bus
E5DLOÀ[HGJXLGHZD\V\VWHPYHKLFOHV HQWHULQJWUDIÀFLVD&ODVV'WUDIÀFYLRODWLRQ
(3) A person is not in violation of this section >FF@
LIWKHSHUVRQSDVVHVDSXEOLFWUDQVLWYHKLFOH
(a) Upon the left of any public transit vehicle OPEN CONTAINER VIOLATIONS
described in this section on a one-way street; 811.170 Violation of open container law;
or penalty. (1) A person commits the offense of
(b) At a speed not greater than is reasonable violation of the open container law in a motor
and proper and with due caution for the safety YHKLFOHLIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
RISHGHVWULDQVZKHQ (a) Drinks any alcoholic liquor in a motor
(A) The public transit vehicle has stopped YHKLFOHZKHQWKHYHKLFOHLVXSRQDKLJKZD\
at the curb; or (b) Possesses on one’s person, while in a
%$Q\DUHDRUVSDFHKDVEHHQRIÀFLDOO\ motor vehicle upon a highway, any bottle, can
set apart within the roadway for the exclusive or other receptacle containing any alcoholic
use of pedestrians and the area or space is so liquor, which has been opened, or a seal broken,
protected or marked or indicated by adequate or the contents of which have been partially
signs as to be plainly visible at all times while UHPRYHG
VHWDSDUWDVDVDIHW\]RQH F.HHSVLQDPRWRUYHKLFOHZKHQWKHYHKLFOH
(4) The offense described in this section, is upon any highway, any bottle, can or other
failure to stop for passenger loading of public receptacle containing any alcoholic liquor,
WUDQVLWYHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ which has been opened, or a seal broken, or the
>FFF FRQWHQWVRIZKLFKKDYHEHHQSDUWLDOO\UHPRYHG
F@ 7KHIROORZLQJDSSO\WRWKLVSDUDJUDSK
811.167 Failure to yield right of way (A) This paragraph applies only to the reg-
to transit bus; rules; penalty. (1) A person istered owner of any motor vehicle or, if the
commits the offense of failure to yield the right registered owner is not then present in the
RIZD\WRDWUDQVLWEXVHQWHULQJWUDIÀFLIWKH YHKLFOHWRWKHGULYHURIWKHYHKLFOH
person does not yield the right of way to a tran- (B) This paragraph does not apply if the
VLWEXVZKHQ bottle, can or other receptacle is kept in the
(a) A yield sign as described in subsection trunk of the vehicle, or kept in some other
(2) of this section is displayed on the back of area of the vehicle not normally occupied by
the transit bus; the driver or passengers if the vehicle is not
HTXLSSHGZLWKDWUXQN
(b) The person is operating a vehicle that is
overtaking the transit bus from the rear of the (C) For purposes of this paragraph, a utility
transit bus; and compartment or glove compartment is consid-
ered within the area occupied by the driver
(c) The transit bus, after stopping to receive DQGSDVVHQJHUV
or discharge passengers, is signaling an inten-
WLRQWRHQWHUWKHWUDIÀFODQHRFFXSLHGE\WKH (D) This paragraph does not apply to the
SHUVRQ OLYLQJTXDUWHUVRIDFDPSHURUPRWRUKRPH
(2) The yield sign referred to in subsection (2) The offense described in this section does
(1)(a) of this section shall warn a person oper- not apply to passengers in a motor vehicle oper-
ating a motor vehicle approaching the rear of ated by a common carrier and used primarily
a transit bus that the person must yield when WRFDUU\SDVVHQJHUVIRUKLUH
WKHWUDQVLWEXVLVHQWHULQJWUDIÀF7KH\LHOG (3) The offense described in this section,
VLJQVKDOOEHLOOXPLQDWHGE\DÁDVKLQJOLJKW violation of the open container law in a motor
when the bus is signaling an intention to enter YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
DWUDIÀFODQHDIWHUVWRSSLQJWRUHFHLYHRUGLV- FFF@
FKDUJHSDVVHQJHUV7KH2UHJRQ7UDQVSRUWDWLRQ
Commission shall adopt by rule the message
RQWKH\LHOGVLJQVSHFLÀFDWLRQVIRUWKHVL]H
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$VXVSHQVLRQXQGHU256UHVXOW- 6HF7KHDPHQGPHQWVWR256
ing from refusal to take a test prescribed in by section 3 of this 2013 Act apply to sentences
256RUIRUWDNLQJDEUHDWKRUEORRG LPSRVHGRQRUDIWHU$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 resentenced on or after August 1, 2013, as the
person was driving a commercial motor vehi- result of an appellate decision or a post-convic-
cle; or WLRQUHOLHISURFHHGLQJRUIRUDQ\RWKHUUHDVRQ
(C) Any amount if the person was under 21 >F@
\HDUVRIDJH 811.185>FF
(d) A suspension of a commercial driver UHSHDOHGE\F@
OLFHQVHXQGHU256UHVXOWLQJIURP
failure to perform the duties of a driver under DRIVER OFFENSES
256ZKLOHGULYLQJDFRPPHUFLDOPRWRU INVOLVING PASSENGERS
YHKLFOH
811.190 Operation with obstructing
(e) A suspension of a commercial driver passenger; penalty. (1) A person commits
OLFHQVHXQGHU256ZKHUHWKHSHU- the offense of driver operation with obstructing
son’s commercial driving privileges have been passenger if the person is operating a vehicle
suspended or revoked by the other jurisdiction when another person is in the operator’s lap
for failure of or refusal to take a chemical test RULQWKHRSHUDWRU·VHPEUDFH
to determine the alcoholic content of the per-
son’s blood under a statute that is substantially (2) The offense described in this section,
VLPLODUWR256 driver operation with obstructing passenger,
LVD&ODVV'WUDIÀFYLRODWLRQ>F
(f) A suspension of a commercial driver F@
OLFHQVHXQGHU256
811.193 Smoking, aerosolizing or
(g) A revocation resulting from habitual vaporizing in motor vehicle when child
RIIHQGHUVWDWXVXQGHU256 is present; penalty. (1)(a) A person commits
(h) A suspension resulting from any crime the offense of smoking, aerosolizing or vapor-
punishable as a felony with proof of a mate- izing in a motor vehicle if the person smokes
rial element involving the operation of a motor or uses an inhalant delivery system in a motor
vehicle, other than a crime described in sub- vehicle while a person under 18 years of age is
VHFWLRQRIWKLVVHFWLRQ 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 % ´8VHV DQ LQKDODQW GHOLYHU\ V\VWHPµ
means to use an inhalant delivery system, as
(L) A suspension or revocation resulting GHÀQHGLQ256$LQDPDQQHUWKDW
from misdemeanor driving while under the FUHDWHVDQDHURVRORUYDSRU
LQÁXHQFHRILQWR[LFDQWVXQGHU256
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
LILWLVWKHSHUVRQ·VÀUVWFRQYLFWLRQIRU VXEVHTXHQWRIIHQVH>FF
criminal driving while suspended or revoked @
NoteZDVDGGHGWRDQGPDGHDSDUW F,VFDUU\LQJDPLQRUZKRLVVHDWHGRQWKH
of the Oregon Vehicle Code by legislative action ÁRRURIWKHRSHQEHGRIDPRWRUYHKLFOHLQZKLFK
but was not added to ORS chapter 811 or any all available passenger seats are occupied by
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG minors, the tailgate is securely closed and the
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ 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 LL7KHPLQRUKDVDKXQWLQJOLFHQVH
E$QLQGHSHQGHQWO\VWHHUHGWUDLOHU (4) The offense described in this section, car-
F$WUDLOHUWRZHGZLWKDÀIWKZKHHOKLWFKLI rying a minor on an external part of a motor
WKHWUDLOHULVHTXLSSHGZLWKDOORIWKHIROORZLQJ YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ>
FFF@
(A) Safety glazing materials that meet the
VWDQGDUGVHVWDEOLVKHGXQGHU256 /HJLVODWLYHÀQGLQJVUHJDUGLQJ
wherever there are windows or doors with restraint of children in motor vehicles.
ZLQGRZVRQWKHYHKLFOH 7KH/HJLVODWLYH$VVHPEO\ÀQGVWKDW
(B) An auditory or visual signaling device (1) Oregon drivers look to the law in deciding
that a passenger inside the vehicle can use to how to restrain and protect children in motor
gain the attention of the motor vehicle driver YHKLFOHV
WRZLQJWKHYHKLFOH (2) The proper restraint of children in motor
(C) At least one unobstructed exit capable of vehicles will reduce the number of children
being opened from both the interior and exte- killed in motor vehicle accidents and reduce
ULRURIWKHYHKLFOH the severity of injuries to children who survive
PRWRUYHKLFOHDFFLGHQWV>F@
(3) The offense described in this section, pas-
VHQJHULQWUDLOHULVD&ODVV'WUDIÀFYLRODWLRQ NoteZDVHQDFWHGLQWRODZE\WKH
>FFF Legislative Assembly but was not added to or
F@ made a part of the Oregon Vehicle Code or any
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811.200 Carrying dog on external part See Preface to Oregon Revised Statutes for
of vehicle; penalty. (1) A person commits the IXUWKHUH[SODQDWLRQ
offense of carrying a dog on the external part
of a vehicle if the person carries a dog upon the 811.210 Failure to properly use safety
hood, fender, running board or other external belts; penalty. D([FHSWDVSURYLGHGLQ
part of any automobile or truck that is upon a 256DSHUVRQFRPPLWVWKHRIIHQVH
highway unless the dog is protected by frame- of failure to properly use safety belts if the
ZRUNFDUULHURURWKHUGHYLFHVXIÀFLHQWWRNHHS SHUVRQ
LWIURPIDOOLQJIURPWKHYHKLFOH (A) Operates a motor vehicle on the high-
(2) The offense described in this section, car- ways of this state and is not properly secured
rying dog on external part of vehicle, is a Class with a safety belt or safety harness as required
'WUDIÀFYLRODWLRQ>FF E\VXEVHFWLRQRIWKLVVHFWLRQ
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811.205 Carrying minor on external with legal responsibility for the safety and
part of vehicle; penalty. (1) A person com- ZHOIDUHRIDFKLOGZKRLVXQGHU\HDUVRIDJH
mits the offense of carrying a minor on an and the child, while operating on public lands a
external part of a motor vehicle if the person &ODVV,&ODVV,,RU&ODVV,9DOOWHUUDLQYHKLFOH
carries any person under 18 years of age upon WKDWLVQRWUHJLVWHUHGXQGHU256LV
the hood, fender, running board or other exter- not properly secured with a safety belt or safety
nal part of any motor vehicle that is upon a KDUQHVV
KLJKZD\ &,VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ
(2) For purposes of this section, the open with legal responsibility for the safety and
bed of a motor vehicle is an external part of a ZHOIDUHRIDFKLOGZKRLVXQGHU\HDUVRIDJH
PRWRUYHKLFOH and the child, while operating on public lands
D&ODVV,,DOOWHUUDLQYHKLFOHUHJLVWHUHGXQGHU
(3) A person does not commit the offense 256LVQRWSURSHUO\VHFXUHGZLWKD
GHVFULEHGLQWKLVVHFWLRQLIWKHSHUVRQ safety belt or safety harness as required by
D,VFDUU\LQJDPLQRULQWKHRSHQEHGRID VXEVHFWLRQRIWKLVVHFWLRQ
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
ZLWKUXOHVDGRSWHGXQGHU256 XQGHU\HDUVRIDJHDQGWKHSDVVHQJHULVQRW
E,VRSHUDWLQJWKHPRWRUYHKLFOHLQDQRUJD- properly secured with a child safety system,
nized parade; or
safety belt or safety harness as required by (d) A person who is taller than four feet nine
VXEVHFWLRQRIWKLVVHFWLRQ inches must be properly secured with a safety
(,VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ belt or safety harness that meets requirements
with legal responsibility for the safety and wel- XQGHU256
IDUHRIDFKLOGZKRLVXQGHU\HDUVRIDJHDQG (e) Notwithstanding paragraphs (b) and (c)
the child, while riding on public lands in or on a of this subsection, a person who is eight years
&ODVV,&ODVV,,RU&ODVV,9DOOWHUUDLQYHKLFOH of age or older need not be secured with a child
WKDWLVQRWUHJLVWHUHGXQGHU256LV safety system but must be properly secured
not properly secured with a safety belt or safety with a safety belt or safety harness that meets
KDUQHVV UHTXLUHPHQWVXQGHU256
),VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ (3) The requirements of subsection (2)(c) of
with legal responsibility for the safety and wel- WKLVVHFWLRQGRQRWDSSO\
IDUHRIDFKLOGZKRLVXQGHU\HDUVRIDJHDQG D ,I WKH UHDU VHDW RI D YHKLFOH LV QRW
the child, while riding on public lands in or on equipped with shoulder belts, provided the
D&ODVV,,DOOWHUUDLQYHKLFOHUHJLVWHUHGXQGHU person is secured by a lap belt; or
256LVQRWSURSHUO\VHFXUHGZLWKD
safety belt or safety harness as required by E,IWKHFKLOGLVSURSHUO\VHFXUHGZLWKD
VXEVHFWLRQRIWKLVVHFWLRQ child safety system that meets the minimum
VWDQGDUGVDQGVSHFLÀFDWLRQVHVWDEOLVKHGE\
*,VDSDVVHQJHULQDSULYDWHO\RZQHGFRP- WKHGHSDUWPHQWXQGHU256IRUFKLOG
PHUFLDOYHKLFOHDVGHÀQHGLQ256 safety systems designed for children weighing
that is designed and used for the transpor- PRUHWKDQSRXQGV
tation of 15 or fewer persons, including the
GULYHUDQGWKHSHUVRQLV\HDUVRIDJHRU (4) The offense described in this section,
older and is responsible for another passenger failure to properly use safety belts, is a Class
who is not properly secured with a child safety 'WUDIÀFYLRODWLRQ>FF
system as required under subsection (2)(a), (b) FFF
RUFRIWKLVVHFWLRQ FFF
FFF
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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\VXEVHFWLRQRIWKLVVHFWLRQ WR
(b) As used in this subsection, “public (1) Privately owned commercial vehicles that
ODQGVµ LQFOXGHV SULYDWHO\ RZQHG ODQG WKDW are being used for the transportation of persons
is open to the general public for the use of IRUFRPSHQVDWLRQRUSURÀW7KHH[HPSWLRQLQ
all-terrain vehicles as the result of funding this subsection does not apply to any of the
from the All-Terrain Vehicle Account under IROORZLQJ
256 (a) Motor carriers, as defined in ORS
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FRPPHUFH
(a) A person who is under one year of age,
regardless of weight, or a person who weighs 20 (b) Vehicles designed and used for the trans-
pounds or less must be properly secured with portation of 15 or fewer persons, including the
DFKLOGVDIHW\V\VWHPLQDUHDUIDFLQJSRVLWLRQ driver, except that the operator of a vehicle
GHVFULEHGLQWKLVSDUDJUDSKLVQRWUHTXLUHGWR
(b) A person who weighs 40 pounds or less
must be properly secured with a child safety (A) Be properly secured with a safety belt
system that meets the minimum standards RUVDIHW\KDUQHVVDVUHTXLUHGE\256
DQGVSHFLÀFDWLRQVHVWDEOLVKHGE\WKH'HSDUW- 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
ZHLJKLQJSRXQGVRUOHVV LQ256DERUF
F([FHSWDVSURYLGHGLQVXEVHFWLRQRI (2) Any vehicle not required to be equipped
this section, a person who weighs more than with safety belts or safety harnesses at the
40 pounds and who is four feet nine inches or time the vehicle was manufactured, unless
shorter must be properly secured with a child safety belts or safety harnesses have been
safety system that elevates the person so that LQVWDOOHGLQWKHYHKLFOH
DVDIHW\EHOWRUVDIHW\KDUQHVVSURSHUO\ÀWV
WKHSHUVRQ$VXVHGLQWKLVSDUDJUDSK´SURS- $Q\YHKLFOHH[HPSWHGE\256
HUO\ÀWVµPHDQVWKHODSEHOWRIWKHVDIHW\EHOW from requirements to be equipped upon sale
or safety harness is positioned low across the ZLWKVDIHW\EHOWVRUVDIHW\KDUQHVVHV
thighs and the shoulder belt is positioned over $Q\SHUVRQIRUZKRPDFHUWLÀFDWHLV
WKHFROODUERQHDQGDZD\IURPWKHQHFN7KH issued by the Department of Transportation
child safety system shall meet the minimum XQGHU256
VWDQGDUGVDQGVSHFLÀFDWLRQVHVWDEOLVKHGE\
WKHGHSDUWPHQWXQGHU256IRUFKLOG (5) Any person who is a passenger in a vehi-
safety systems designed for children who are cle if all seating positions in the vehicle are
IRXUIHHWQLQHLQFKHVRUVKRUWHU RFFXSLHGE\RWKHUSHUVRQV
(a) Pass to the right of any other vehicle doing so shall yield the right of way to all vehi-
proceeding on the roadway in the opposite cles traveling in the proper direction upon the
direction; and unobstructed portion of the roadway within a
(b) Give to the other at least one-half of the GLVWDQFHDVWRFRQVWLWXWHDQLPPHGLDWHKD]DUG
main traveled portion of the roadway as nearly (c) When making a left turn at an intersec-
DVSRVVLEOH WLRQDOOH\RUSULYDWHURDGRUGULYHZD\
(2) This section does not apply to a person (3) The offense described in this section,
operating a vehicle as otherwise directed by a crossing the center line on a two-way, four-lane
WUDIÀFFRQWUROGHYLFH URDGLVD&ODVV%WUDIÀFYLRODWLRQ>F
(3) The offense described in this section, @
failure to drive on the right of an approaching 811.315 Failure of slow driver to drive
YHKLFOHLVD&ODVV%WUDIÀFYLRODWLRQ> on right; exceptions; penalty. (1) A person
F@ commits the offense of failure of a slow driver
811.305 Driving on left on curve or to drive on the right if the person is operating a
grade or at intersection or rail crossing; vehicle upon a roadway at less than the normal
exceptions; penalty. (1) A person commits VSHHGRIWUDIÀFDWWKHWLPHDQGSODFHDQGXQGHU
the offense of driving on the left on a curve the conditions then existing and the person
or grade or at an intersection or rail crossing IDLOVWRGULYH
if the person is operating a vehicle upon any D,QWKHULJKWKDQGODQHDYDLODEOHIRUWUDI-
WZRZD\URDGZD\ZKHUHWUDIÀFLVSHUPLWWHGWR ÀFRU
move in both directions simultaneously and (b) As close as practicable to the right-hand
the person drives on the left side of the center FXUERUHGJHRIWKHURDGZD\
RIWKHURDGZD\
(2) This section does not apply under any of
(a) Upon any part of a grade or upon a WKHIROORZLQJFLUFXPVWDQFHV
curve in the roadway where the driver’s view
is obstructed for such a distance as to create (a) When overtaking and passing another
a hazard in the event another vehicle might vehicle proceeding in the same direction under
approach from the opposite direction; WKHUXOHVJRYHUQLQJSDVVLQJLQ256WR
(b) When approaching an intersection or
railroad grade crossing where the driver’s view (b) When preparing to turn left at an inter-
is obstructed for such a distance as to create VHFWLRQDOOH\RUSULYDWHURDGRUGULYHZD\
a hazard in the event another vehicle might (3) The offense described in this section,
approach from the opposite direction; or failure of slow driver to drive on the right, is
(c) At any intersection or railroad grade D&ODVV%WUDIÀFYLRODWLRQ>F
FURVVLQJ F@
(2) This section does not prohibit a person 811.320 Failure to drive to right on
from driving on the left side of the center of a divided highway; exceptions; penalty.
URDGZD\XQGHUWKHIROORZLQJFLUFXPVWDQFHV (1) A person commits the offense of failure to
drive to the right on a divided highway if the
(a) When the right half of the roadway is person is operating a vehicle upon a highway
REVWUXFWHGRUFORVHGWRWUDIÀFZKLOHXQGHUFRQ- divided into two or more roadways by means of
struction or repair; or an intervening space or by a physical barrier
E:KHQDGULYHUPDNHVDODZIXOOHIWWXUQ or clearly indicated dividing section so con-
(3) The offense described in this section, VWUXFWHGDVWRLPSHGHYHKLFXODUWUDIÀFDQGWKH
driving on the left on a curve or grade or at person does not drive only upon the right-hand
an intersection or rail crossing, is a Class B URDGZD\
WUDIÀFYLRODWLRQ>F@ (2) This section does not apply if a person is
811.310 Crossing center line on two- RSHUDWLQJDYHKLFOHLQDFFRUGDQFHZLWKWUDIÀF
way, four-lane road; exceptions; penalty. FRQWUROGHYLFHVRUWKHGLUHFWLRQVRIDSROLFHRIÀ-
(1) A person commits the offense of crossing cer that differ from the requirements of this
the center line on a two-way, four-lane road if VHFWLRQ
the person is operating a vehicle on a two-way (3) The offense described in this section,
roadway that has four or more lanes for moving failure to drive to the right on a divided high-
WUDIÀFDQGWKHSHUVRQGULYHVWRWKHOHIWRIWKH ZD\LVD&ODVV%WUDIÀFYLRODWLRQ>F
FHQWHUOLQHRIWKHURDGZD\ @
(2) A person is not prohibited from driving to 811.325 Failure to keep camper, trailer
the left of the center line of a roadway by this or truck in right lane; exceptions; pen-
VHFWLRQXQGHUWKHIROORZLQJFLUFXPVWDQFHV alty. (1) A person commits the offense of failure
D:KHQDXWKRUL]HGE\DWUDIÀFFRQWURO to keep a camper, trailer or truck in the right
device designating certain lanes to the left side lane if the person is operating any of the vehi-
RIWKHFHQWHURIWKHURDGZD\IRUXVHE\WUDIÀF cles described in this subsection and the person
does not drive in the right lane of all roadways
(b) When an obstruction or condition exists KDYLQJWZRRUPRUHODQHVIRUWUDIÀFSURFHHGLQJ
making it necessary to drive to the left of the LQDVLQJOHGLUHFWLRQ7KLVVXEVHFWLRQDSSOLHV
center of the roadway, provided that a driver WRDOORIWKHIROORZLQJYHKLFOHV
D$Q\FDPSHU turn the vehicle to the left and the person does
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(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 improperly executing a left turn, is a Class B
WUDIÀFYLRODWLRQ>FF
(c) When reasonably necessary in response FF@
WRHPHUJHQF\FRQGLWLRQV
811.345 Failure to use special left turn
(d) To avoid actual or potential traffic lane; penalty. (1) A person commits the
moving onto the right lane from an accelera- offense of failure to use a special left turn lane
WLRQRUPHUJLQJODQH 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>
FFF %WUDIÀFYLRODWLRQ>FF
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>FF@
person operates a vehicle and is intending to
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>FF
D,QPDNLQJWKHDSSURDFKIRUDULJKWWXUQ FFF
and F@
E,QPDNLQJWKHULJKWWXUQ 811.365 Illegal U-turn; penalty. (1) A
(2) The offense described in this section, person commits the offense of making an ille-
improperly executed right turn, is a Class B gal U-turn if the person is operating a vehicle
WUDIÀFYLRODWLRQ>FF and the person turns the vehicle so as to pro-
@ ceed in the opposite direction in any of the
IROORZLQJSODFHV
811.360 Vehicle turns permitted at stop
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
D0DNHDULJKWWXUQLQWRDWZRZD\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>FF
device showing a steady circular red signal, a @
steady red bicycle signal or a steady red arrow
signal; (Lane Use)
E7KHWUDIÀFFRQWUROGHYLFHLVFRQWUROOHGE\ 811.370 Failure to drive within lane;
a vehicle detection device; exception; penalty. ([FHSWDVSURYLGHGLQ
(c) The bicyclist or motorcyclist comes to a subsection (2) of this section, a person commits
FRPSOHWHVWRSDQGZDLWVIRUWKHWUDIÀFFRQWURO the offense of failure to drive within a lane if
device to complete one full cycle; and the person is operating a vehicle upon a road-
way that is divided into two or more clearly
(d) After the vehicle detection device fails to PDUNHGODQHVIRUWUDIÀFDQGWKHGULYHUGRHV
detect the presence of the bicycle or motorcycle QRW
DQGFKDQJHWKHWUDIÀFFRQWUROGHYLFHWRDJUHHQ
signal, the bicyclist or motorcyclist proceeds (a) Operate the vehicle as nearly as practi-
ZLWKFDXWLRQWKURXJKWKHLQWHUVHFWLRQ cable entirely within a single lane; and
(3) A person commits the offense of improp- (b) Refrain from moving from that lane
erly proceeding at a stop light if the person XQWLOWKHGULYHUKDVÀUVWPDGHFHUWDLQWKDW
does any of the following while proceeding as WKHPRYHPHQWFDQEHPDGHZLWKVDIHW\
GHVFULEHGLQWKLVVHFWLRQ (2) A person who operates a commercial
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 not practicable to remain entirely within one
control device, other than the device described ODQH
in subsections (1) and (2) of this section, or a (3) The offense described in this section,
SROLFHRIÀFHUWKDWSURKLELWVWKHGULYHUPRWRU- failure to drive within a lane, is a Class B
F\FOLVWRUELF\FOLVWIURPSURFHHGLQJ WUDIÀFYLRODWLRQ>FF
G)DLOVWR\LHOGWKHULJKWRIZD\WRWUDIÀF @
lawfully within the intersection or approaching 811.375 Unlawful or unsignaled change
so close to the intersection as to constitute an of lane; penalty. (1) A person commits the
LPPHGLDWHKD]DUG offense of unlawful or unsignaled change of
lanes if the person is operating a vehicle upon
a highway and the person changes lanes by (2) The offense described in this section,
moving to the right or left upon the highway unlawful use of lights to signal for passing, is
ZKHQ D&ODVV'WUDIÀFYLRODWLRQ>F
(a) The movement cannot be made with rea- F@
sonable safety; or 811.395 Appropriate signals for stop-
(b) The driver fails to give an appropriate ping, turning, changing lanes and
signal continuously during not less than the decelerating. This section establishes
last 100 feet traveled by the vehicle before appropriate signals, for purposes of the vehi-
FKDQJLQJODQHV cle code, for use when signals are required
while stopping, turning, changing lanes or
(2) Appropriate signals for use while chang- VXGGHQO\GHFHOHUDWLQJDYHKLFOH7KLVVHFWLRQ
LQJODQHVDUHDVGHVLJQDWHGXQGHU256 does not authorize the use of only hand and
DQG arm signals when the use of signal lights is
(3) The offense described in this section, UHTXLUHGXQGHU2569HKLFOHOLJKWLQJ
unlawful or unsignaled change of lane, is a equipment described in this section is vehicle
&ODVV'WUDIÀFYLRODWLRQ>F lighting equipment for which standards are
F@ HVWDEOLVKHGXQGHU256DQG
$SSURSULDWHVLJQDOVDUHDVIROORZV
811.380 Improper use of center lane
on three-lane road; penalty. (1) A person (1) To indicate a left turn either of the
commits the offense of improper use of the IROORZLQJ
center lane on a three-lane road if the person (a) Hand and arm extended horizontally
is operating a vehicle upon a roadway divided IURPWKHOHIWVLGHRIWKHYHKLFOH
LQWRWKUHHFOHDUO\PDUNHGODQHVIRUWUDIÀFZLWK
WZRZD\PRYHPHQWRIWUDIÀFSHUPLWWHGRQWKH (b) Activation of front and rear turn signal
roadway and the person operates the vehicle in OLJKWVRQWKHOHIWVLGHRIWKHYHKLFOH
the center lane under any circumstances other (2) To indicate a right turn either of the
WKDQDVSHUPLWWHGXQGHUWKHIROORZLQJ IROORZLQJ
(a) The driver may drive in the center lane (a) Hand and arm extended upward from
when the center lane is allocated exclusively to WKHOHIWVLGHRIWKHYHKLFOH$SHUVRQZKRLV
WUDIÀFPRYLQJLQWKHVDPHGLUHFWLRQWKDWWKH operating a bicycle is not in violation of this
GULYHULVSURFHHGLQJE\DWUDIÀFFRQWUROGHYLFH paragraph if the person signals a right turn
GLUHFWLQJWKHODQHDOORFDWLRQ by extending the person’s right hand and arm
(b) The driver may drive in the center lane KRUL]RQWDOO\
when the driver is overtaking and passing a (b) Activation of front and rear turn signal
vehicle proceeding in the same direction and OLJKWVRQWKHULJKWVLGHRIWKHYHKLFOH
WKHFHQWHUODQHLVFOHDURIWUDIÀFZLWKLQDVDIH (3) To indicate a stop or a decrease in speed
GLVWDQFH HLWKHURIWKHIROORZLQJ
(c) The driver may drive in the center lane (a) Hand and arm extended downward from
ZKHQPDNLQJDOHIWWXUQ the left side of the vehicle; or
(2) The offense described in this section, E$FWLYDWLRQRIEUDNHOLJKWVRQWKHYHKLFOH
improper use of center lane on three-lane road,
LVD&ODVV%WUDIÀFYLRODWLRQ>F@ (4) Change of lane by activation of both front
and rear turn signal lights on the side of the
'HSULYLQJPRWRUF\FOHRUPRSHGRI vehicle toward which the change of lane is
IXOOODQHSHQDOW\$SHUVRQFRPPLWVWKH PDGH>FF@
offense of depriving a motorcycle or moped of a
full lane if the person operates a motor vehicle 811.400 Failure to use appropriate
XSRQDURDGZD\ODQHGIRUWUDIÀFLQDPDQQHU signal for turn, lane change, stop or exit
that prevents a moped operator or motorcyclist from roundabout; penalty. (1) A person com-
IURPIXOOXVHRIDODQH mits the offense of failure to use an appropriate
signal for a turn, lane change or stop or for
(2) This section does not apply to operators an exit from a roundabout if the person does
of motorcycles or mopeds whose use of lanes not make the appropriate signal under ORS
LVFRQWUROOHGE\256DQG E\XVHRIVLJQDOODPSVRUKDQGVLJQDOV
(3) The offense described in this section, DQGWKHSHUVRQLVRSHUDWLQJDYHKLFOHWKDWLV
depriving a motorcycle or moped of a full lane, (a) Turning, changing lanes, stopping or
LVD&ODVV%WUDIÀFYLRODWLRQ>F@ suddenly decelerating; or
(Signaling) E ([LWLQJ IURP DQ\ SRVLWLRQ ZLWKLQ D
811.390 Unlawful use of lights to signal URXQGDERXW
for passing; penalty. (1) A person commits (2) This section does not authorize the use
the offense of unlawful use of lights to signal of only hand signals to signal a turn, change
for passing if the person is operating a vehicle of lane, stop or deceleration when the use of
DQGWKHSHUVRQÁDVKHVDQ\OLJKWVDVDFRXUWHV\ VLJQDOOLJKWVLVUHTXLUHGXQGHU256
RU´GRSDVVµVLJQDOWRRWKHUGULYHUVDSSURDFKLQJ
IURPWKHUHDU (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,
(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>FF
(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>FF@ 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
F5HTXLUHGLQWKHFRXUVHRIRIÀFLDOGXW\
(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>
FFF vehicles to overtake and pass the implement
FF@ 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>FF
or clearly indicated dividing section so con- FF@
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
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 E,IWKHUHLVQRVLGHZDONRUVLGHZDONDUHD
RIWUDIÀFRUZLWKSHGHVWULDQVDQGELF\FOHVRQ the person must stop at the point nearest the
VLGHZDONVRUVKRXOGHUV roadway to be entered where the driver has a
(b) Leaves a door open on the side of a vehicle YLHZRIDSSURDFKLQJWUDIÀF
DYDLODEOHWRWUDIÀFRUWRSHGHVWULDQVRUELF\- (2) The offense described in this section,
cles on sidewalks or shoulders for a period of failure to stop when emerging from an alley,
time longer than necessary to load or unload GULYHZD\RUEXLOGLQJLVD&ODVV%WUDIÀFYLR-
SDVVHQJHUV ODWLRQ>FF
(2) The offense described in this section, F@
improper opening or leaving open a vehicle 811.507 Operating motor vehicle while
GRRULVD&ODVV'WUDIÀFYLRODWLRQ>F using mobile communication device;
F@ exceptions; penalty. (1) As used in this
811.492 Engine braking; penalty; excep- VHFWLRQ
tion. (1) A person commits the offense of engine D´+DQGVIUHHDFFHVVRU\µPHDQVDQDWWDFK-
braking if the person is operating a motor vehi- ment or built-in feature for or an addition to a
FOHRQDKLJKZD\DQGXVHVDQXQPXIÁHGHQJLQH mobile communication device, whether or not
EUDNH permanently installed in a motor vehicle, that
(2) The offense described in this section, when used allows a person to maintain both
HQJLQHEUDNLQJLVD&ODVV$WUDIÀFYLRODWLRQ KDQGVRQWKHVWHHULQJZKHHO
(3) A person is not in violation of this section E´0RELOHFRPPXQLFDWLRQGHYLFHµPHDQVD
LIWKHSHUVRQXVHVDQXQPXIÁHGHQJLQHEUDNH text messaging device or a wireless, two-way
in an emergency situation to avoid imminent communication device designed to receive and
GDQJHUWRDSHUVRQRUWRSURSHUW\>F WUDQVPLWYRLFHRUWH[WFRPPXQLFDWLRQ
@ (2) A person commits the offense of operating
811.495 Unlawful coasting on down- a motor vehicle while using a mobile commu-
grade; exception; penalty. (1) A person nication device if the person, while operating
commits the offense of unlawful coasting on a a motor vehicle on a highway, uses a mobile
downgrade if the person is the driver of a vehi- FRPPXQLFDWLRQGHYLFH
cle on a downgrade and the person coasts with (3) This section does not apply to a person
the gears or transmission of the motor vehicle who activates or deactivates a mobile commu-
LQQHXWUDORUZLWKWKHFOXWFKGLVHQJDJHG nication device or a function of the device or
(2) This section does not apply to the driver who uses the device for voice communication
RIDPRWRUL]HGELF\FOH 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>FF 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>FF J,VRSHUDWLQJDWRZYHKLFOHRUURDGVLGH
@ assistance vehicle while acting in the scope of
811.505 Failure to stop when emerging the person’s employment;
from alley, driveway or building; penalty. (h) Holds a valid amateur radio operator
(1) A person commits the offense of failure to license issued or any other license issued by
stop when emerging from an alley, driveway the Federal Communications Commission and
or building if the person is operating a vehicle is operating an amateur radio;
(C) Where marked parking spaces are pro- advertising, selling or offering merchandise
vided, a vehicle shall be positioned so that it for sale except pursuant to written agreement
faces in the direction in which vehicles in the ZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
adjacent lane of the roadway are required to (2) The offense described in this section,
travel and so that the wheels are within the unlawful parking for vending purposes is a
parking space markings which are parallel to &ODVV'WUDIÀFYLRODWLRQ>F@
the curb or, if none, to the edge of the shoulder;
or 811.585 Failure to secure motor vehicle;
DIÀUPDWLYHGHIHQVHSHQDOW\(1) A person
(b) The person is the owner of an unattended commits the offense of failure to secure a motor
vehicle parked on a highway in violation of vehicle if the person is driving or is in charge
SDUDJUDSKDRIWKLVVXEVHFWLRQ RIDPRWRUYHKLFOHDQG
(2) The provisions of this section do not apply (a) The person permits the vehicle to stand
to the driver of a vehicle that is disabled in XQDWWHQGHGRQDKLJKZD\ZLWKRXWÀUVWGRLQJ
such manner and to such extent that the driver DOORIWKHIROORZLQJ
cannot avoid stopping or temporarily leaving
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
E\256PD\PRYHRUUHTXLUHWREH JUDGH
moved a vehicle that is parked in violation of &/RFNLQJWKHLJQLWLRQ
WKLVVHFWLRQ
'5HPRYLQJWKHNH\IURPWKHLJQLWLRQ
,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVHFX-
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, RISDUDJUDSKDRIWKLVVXEVHFWLRQ
improperly positioning a parallel parked vehi- ,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVHFX-
FOHLVD&ODVV'WUDIÀFYLRODWLRQ>F tion of the owner of a vehicle under subsection
F@ (1)(b) of this section that the use of the vehi-
811.575 Violation of posted parking cle was not authorized by the owner, either
UHVWULFWLRQVRQVWDWHKLJKZD\VDIÀUPD- H[SUHVVO\RUE\LPSOLFDWLRQ
tive defense; penalty. (1) A person commits (3) The offense described in this section,
the offense of violation of posted parking failure to secure a motor vehicle, is a Class D
restrictions on state highways if appropriate WUDIÀFYLRODWLRQ>FF
signs or markings are posted giving notice of FF@
any regulations, restrictions or prohibitions on
the parking, stopping or standing of vehicles 811.587 Unlawful parking in space
RQDVWDWHKLJKZD\DQG reserved for alternative fuel vehicle refu-
eling; penalty. (1) As used in this section,
(a) The person parks, stops or stands a vehi- ´DOWHUQDWLYHIXHOYHKLFOHµKDVWKHPHDQLQJ
cle on a state highway in violation of any such JLYHQWKDWWHUPLQ256%H[FHSWWKDW
regulations, restrictions or prohibitions; or ´DOWHUQDWLYHIXHOYHKLFOHµLQFOXGHVYHKLFOHVUHJ-
(b) The person is the owner of an unattended LVWHUHGLQDQ\MXULVGLFWLRQ
vehicle parked on a state highway in viola- (2) A person commits the offense of unlawful
tion of any such regulations, restrictions or parking in a space reserved for alternative fuel
SURKLELWLRQV YHKLFOHUHIXHOLQJLI
(2) Authority to impose restrictions, regu- (a) The person parks a vehicle in any park-
lations and prohibitions on parking, stopping ing space that is on premises open to the public;
or standing of vehicles on state highways is
HVWDEOLVKHGXQGHU256 (b) The parking space is marked or signed as
reserved for alternative fuel vehicle refueling;
,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVHFX- and
tion of the owner of a vehicle under subsection
(1)(b) of this section that the use of the vehi- (c) The vehicle in the parking space is not
cle was not authorized by the owner, either HQJDJHGLQWKHUHIXHOLQJSURFHVV
H[SUHVVO\RUE\LPSOLFDWLRQ (3) The offense of unlawful parking in a
(4) The offense described in this section, vio- space reserved for alternative fuel vehicle
lation of posted parking restrictions on state UHIXHOLQJLVD&ODVV'WUDIÀFYLRODWLRQ>
KLJKZD\VLVD&ODVV'WUDIÀFYLRODWLRQ> F@
FF@ Note ZDV HQDFWHG LQWR ODZ E\
811.580 Parking vehicle on state high- the Legislative Assembly but was not added
way for vending purposes; penalty. (1) to or made a part of ORS chapter 811 or any
A driver commits the offense of unlawful VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
parking for vending purposes if the person ace to Oregon Revised Statutes for further
parks or leaves standing a vehicle on a right H[SODQDWLRQ
of way of a state highway for the purpose of
Note7KHGHÀQLWLRQRI´DOWHUQDWLYHIXHO SHUPLWVXQGHUWKLVVHFWLRQ7KHSURJUDPHVWDE-
YHKLFOHµLQ%ZDVGHOHWHGE\DPHQG- lished by the department shall comply with all
ment by section 28, chapter 701, Oregon Laws RIWKHIROORZLQJ
7KHWH[WRIZDVQRWDPHQGHG (1) The department shall adopt rules nec-
by enactment of the Legislative Assembly to essary for the issuance and administration of
UHÁHFWWKHGHOHWLRQ(GLWRULDODGMXVWPHQWRI ZLQWHUUHFUHDWLRQSDUNLQJSHUPLWV7KHUXOHV
IRUWKHGHOHWLRQRIWKHGHÀQLWLRQKDV VKDOOEHDGRSWHGXQGHU256FKDSWHU
QRWEHHQPDGH
(2) The department shall include all of
(Winter Recreation Parking Areas) the following in the rules adopted under this
VHFWLRQ
811.590 Unlawful parking in winter
recreation parking area; exemptions; D7KHW\SHRISHUPLW
penalty. (1) A person commits the offense (b) The manner in which the permit is to be
of unlawful parking in a winter recreation LVVXHG
parking area if the person parks a vehicle in
a location designated as a winter recreation (c) The manner of displaying the permit on
SDUNLQJDUHDXQGHU256DWDQ\WLPH DYHKLFOH
from November 1 of any year to April 30 of the (d) Procedures for issuance of permits by
next year and the vehicle is not displaying a SHUVRQVDSSRLQWHGE\WKHGHSDUWPHQW
winter recreation parking permit issued under
256 (3) Vehicle permits issued under this section
VKDOOEHWUDQVIHUDEOHIURPYHKLFOHWRYHKLFOH
8QOHVV WKH SROLFH RIÀFHU LVVXLQJ WKH
citation witnesses the parking of the vehicle, (4) The fees for issuance of winter recreation
a rebuttable presumption exists that a vehicle parking permits are as provided under ORS
parked in violation of this section was parked >FF@
E\WKHUHJLVWHUHGRZQHURIWKHYHKLFOH,IWKH 811.600 Fees for winter recreation
parking of the vehicle is witnessed by the police parking permits. The Oregon Transporta-
RIÀFHUWKHRSHUDWRURIWKHYHKLFOHLVLQYLRODWLRQ tion Commission shall set the fees for issuance
RIWKLVVHFWLRQ of a winter recreation parking permit issued
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winter recreation parking permit, the following shall consider recommendations of the Winter
vehicles are not subject to the prohibition or Recreation Advisory Committee in setting the
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issuance of winter recreation parking permits
(a) A vehicle owned and operated by the shall be designed to cover the costs of enforcing
United States, another state or a political the requirement for winter recreation park-
VXEGLYLVLRQWKHUHRI ing permits and of removing snow from winter
(b) A vehicle owned and operated by this recreation parking locations designated under
state or by any city, district or political subdi- 256EXWPD\QRWH[FHHGWKHIROORZLQJ
YLVLRQWKHUHRI (1) For winter recreation parking permits
(c) A vehicle owned by a resident of another YDOLGIRUDSHULRGRIRQHGD\
state if the vehicle displays a winter area park- (2) For winter recreation parking permits
ing permit issued in accordance with the laws valid for a period of three consecutive days,
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 (3) For winter recreation parking permits
7KHH[HPSWLRQXQGHUWKLVSDUDJUDSK valid for a period of one year beginning each
is only granted to the extent that a similar 1RYHPEHU>FF
exemption or privilege is granted under the FF
laws of the other state for vehicles displaying a FF@
winter recreation parking permit issued under
256 (Parking for Persons With Disabilities)
(4) The offense described in this section, 811.602 Disabled person parking
unlawful parking in a winter recreation park- permit; content; rules. (1) A disabled
LQJDUHDLVDVSHFLÀFÀQHWUDIÀFYLRODWLRQ7KH person parking permit is a means of identify-
SUHVXPSWLYHÀQHIRUXQODZIXOSDUNLQJLQD ing vehicles being used to exercise the parking
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811.595 Winter recreation parking issued by the Department of Transportation to
permit; rules; fees. A winter recreation park- EHDIÀ[HGWRDJROIFDUWRUVXEVWDQWLDOO\VLPLODU
ing permit is a vehicle permit that is issued vehicle;
as evidence of a grant of authority to park a (b) An individual placard described in ORS
vehicle in a winter recreation parking loca-
WLRQHVWDEOLVKHGXQGHU256ZLWKRXW
YLRODWLRQRI2567KH'HSDUWPHQW (c) A program placard issued by the depart-
of Transportation shall establish a program PHQWXQGHU256
for the issuance of winter recreation parking
(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
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FFF
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(2) The department shall issue a disabled 3DUNLQJ LGHQWLÀFDWLRQ FDUG
person parking permit in the form of a decal without photograph; issuance; rules.
or individual placard to any person who sub- (1) The Department of Transportation shall
mits an application that complies with ORS LVVXHDSDUNLQJLGHQWLÀFDWLRQFDUGZLWKRXW
1RWKLQJLQWKLVVHFWLRQSURKLELWVWKH a photograph to an applicant for a disabled
department from issuing a decal or individual person parking permit if the applicant does
placard to a person who has disabled veteran not have a driver license, a driver permit or
UHJLVWUDWLRQSODWHVLVVXHGXQGHU256 DQLGHQWLÀFDWLRQFDUGLVVXHGE\WKHGHSDUW-
DQGZKRTXDOLÀHVIRUWKHGHFDORUSODFDUG PHQWXQGHU256DQGLIWKHDSSOLFDQW
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVXE- submits a statement from a physician that it
section, the department may not issue more would be impractical or harmful to the appli-
WKDQRQHLQGLYLGXDOSODFDUGWRDQDSSOLFDQW cant, because of medical or physical condition,
The department may issue a replacement WRDSSHDUDWDQRIÀFHRIWKHGHSDUWPHQWDQG
placard upon receipt of proof satisfactory to EHSKRWRJUDSKHGIRUDQLGHQWLÀFDWLRQFDUG
the department that the original placard has (2) The department shall determine by rule
EHHQORVWPXWLODWHGRUGHVWUR\HG7KHGHSDUW- the terms, conditions and requirements of a
ment may issue a temporary duplicate permit SDUNLQJLGHQWLÀFDWLRQFDUGLVVXHGXQGHUWKLV
to a person who needs a duplicate permit for section except that the department may not
WUDYHOSXUSRVHV$WHPSRUDU\GXSOLFDWHSHUPLW require either that an applicant appear per-
VKDOOEHYDOLGIRUGD\V7KHGHSDUWPHQW sonally in order to receive or renew a card or
shall adopt rules governing application for WKDWWKHFDUGFRQWDLQDSKRWRJUDSK>F
DQGLVVXDQFHRIWHPSRUDU\GXSOLFDWHSHUPLWV EFF@
Nothing in this subsection prohibits issuance
of an individual placard to a person who has 811.604 Application for disabled person
EHHQLVVXHGDGHFDO parking permit. Application for issuance or
renewal of a disabled person parking permit
(4) Permits issued under this section, other in the form of an individual placard or decal
than temporary duplicate permits, may be LVVXHGXQGHU256VKDOOLQFOXGH
UHQHZHGE\PDLO
$FHUWLÀFDWHVLJQHGDQGGDWHGZLWKLQ
(5) Permits for use on vehicles that are six months preceding the date of application,
regularly used as part of a program for the E\DOLFHQVHGSK\VLFLDQDFHUWLÀHGQXUVHSUDF-
transportation of persons with disabilities are titioner or a licensed physician assistant to
LVVXHGDVSURYLGHGLQ256 the Department of Transportation that the
([FHSWDVSURYLGHGLQVXEVHFWLRQRI applicant is a person with a disability or a cer-
this section, the department shall determine WLÀFDWHVLJQHGDQGGDWHGZLWKLQVL[PRQWKV
the form, size and content of any decal or plac- preceding the date of application, by a licensed
ard issued under this section and shall adopt optometrist that the applicant is a person with
rules governing their issuance, display and a disability because of loss of vision or substan-
XVHDVQHFHVVDU\WRFDUU\RXWWKLVVHFWLRQ WLDOORVVRIYLVXDODFXLW\RUYLVXDOÀHOGEH\RQG
correction;
D([FHSWDVSURYLGHGLQSDUDJUDSKE
of this subsection, the department may not (2) The state-issued licensing number of the
require a decal or placard issued under this OLFHQVHGSK\VLFLDQFHUWLÀHGQXUVHSUDFWLWLRQHU
section to an individual or a family to contain licensed physician assistant or licensed optom-
any identifying information about the person to HWULVWZKRVLJQHGWKHFHUWLÀFDWHGHVFULEHGLQ
whom the decal or placard is issued, including subsection (1) of this section; and
DQ\RIWKHIROORZLQJ (3) The number of a current, valid driver
(A) Name; OLFHQVHJROIFDUWGULYHUSHUPLWLGHQWLÀFDWLRQ
FDUGRUSDUNLQJLGHQWLÀFDWLRQFDUGLVVXHGWR
(B) Address; WKHDSSOLFDQWE\WKHGHSDUWPHQW>F
(C) Telephone number; FFF
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(D) Social Security number; FF@
('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
(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 rized person issuing the citation witnesses the
(b) Have an expiration date that is visible parking of the vehicle, a rebuttable presump-
from outside the vehicle when the placard or tion exists that a vehicle parked in violation
GHFDOLVGLVSOD\HGRQRULQWKHYHKLFOH of this section was parked by the registered
owner of the vehicle and the citation issued for
(3) The department shall by rule determine WKHYLRODWLRQPD\EHSODFHGXSRQWKHYHKLFOH
how a person may qualify for a “Wheelchair ,IWKHSDUNLQJRIWKHYHKLFOHLVZLWQHVVHGE\
8VHUµSODFDUGRUGHFDOXQGHUWKLVVHFWLRQ WKHSROLFHRIÀFHURURWKHUSHUVRQDXWKRUL]HG
$QDSSOLFDQWIRUD´:KHHOFKDLU8VHUµ to issue a citation for the offense, the operator
placard or decal issued by the department RIWKHYHKLFOHLVLQYLRODWLRQRIWKLVVHFWLRQ
under this section must have a driver license, (4) The penalties provided by this sec-
a disability golf cart driver permit or an iden- tion shall be imposed regardless of the text
WLÀFDWLRQFDUGLVVXHGE\WKHGHSDUWPHQW7KH or symbol displayed on the marking or sign
placard or decal shall be valid as long as the reserving the space or aisle for persons with
OLFHQVHSHUPLWRULGHQWLÀFDWLRQFDUGLVYDOLG GLVDELOLWLHV7KHSHQDOWLHVDUHLQDGGLWLRQWR
and may be renewed when the license, permit WKHIROORZLQJ
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(a) A vehicle parked on private property in
(5) The expiration date shall be the same as violation of this section is subject to removal
the expiration date of the driver license, dis- XQGHU256DQGWROLHQDQGVDOHXQGHU
DELOLW\JROIFDUWGULYHUSHUPLWRULGHQWLÀFDWLRQ 256
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F@ (b) A vehicle parked in violation of this
section may be removed and sold as provided
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of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any D([FHSWDVSURYLGHGLQSDUDJUDSKERI
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG this subsection, unlawful parking in a space
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ reserved for persons with disabilities is a Class
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811.615 Unlawful parking in space
reserved for persons with disabilities; (b) A second or subsequent conviction for
exceptions; penalty. (1) A person commits unlawful parking in a space reserved for
the offense of unlawful parking in a space SHUVRQVZLWKGLVDELOLWLHVLVD&ODVV$WUDIÀF
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(a) The person parks a vehicle in any parking FFF
space that is on private or public property and FFF
that is marked or signed to provide parking for F@
persons with disabilities and the vehicle does
not conspicuously display a disabled person 811.617 Blocking parking space
SDUNLQJSHUPLWGHVFULEHGLQ256RU reserved for persons with disabilities;
RUDGLVDEOHGSDUNLQJSHUPLWLVVXHG penalty. (1) A person commits the offense of
by another jurisdiction; blocking a parking space reserved for persons
ZLWKGLVDELOLWLHVLIWKHSHUVRQ
(b) The person parks a vehicle in the aisle
UHTXLUHGE\256UHJDUGOHVVRIZKHWKHU (a) Stops or parks a vehicle in such a way
or not the vehicle displays a disabled person as to block access to a parking space that is on
parking permit; or private or public property and that is marked
or signed to provide parking for persons with
(c) The person parks a vehicle in a park- disabilities; or
ing space that is on private or public property
and that is marked or signed “Wheelchair (b) Places an object or allows an object to be
8VHU2QO\µDVGHVFULEHGLQ256DQG placed in such a manner that it blocks access
the vehicle does not conspicuously display a to a parking space that is on private or public
´:KHHOFKDLU8VHUµSODFDUGRUGHFDOLVVXHG property and that is marked or signed to pro-
XQGHU256 YLGHSDUNLQJIRUSHUVRQVZLWKGLVDELOLWLHV
(2) This section does not apply to any of the D8QOHVVWKHSROLFHRIÀFHURURWKHUDXWKR-
IROORZLQJ rized person issuing the citation witnesses the
stopping or parking of a vehicle in violation
(a) Momentarily parking a vehicle in a of subsection (1)(a) of this section, there is a
parking space marked or signed for persons rebuttable presumption that the vehicle was
with disabilities for the purposes of allowing stopped or parked by the registered owner of
a person with a disability to enter or leave the the vehicle and a citation issued for the vio-
YHKLFOH ODWLRQPD\EHSODFHGXSRQWKHYHKLFOH,IWKH
(b) Any parking space that is marked or stopping or parking of the vehicle is witnessed
signed to provide parking for persons with E\WKHSROLFHRIÀFHURURWKHUSHUVRQDXWKRUL]HG
disabilities and that is subject to different to issue a citation for the offense, or if the
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 811.715 Failure to perform duties of
paragraph (b) of this subsection, the offense witness to accident; penalty. (1) A person
described in this section, failure to perform the commits the offense of failure to perform the
duties of a driver to injured persons, is a Class GXWLHVRIDZLWQHVVWRDQDFFLGHQWLIWKHSHUVRQ
C felony and is applicable on any premises open (a) Witnesses an accident that results in
WRWKHSXEOLF injury or death to any person or causes damage
(b) Failure to perform the duties of a driver to a vehicle that is driven or attended by any
to injured persons is a Class B felony if a person person; and
VXIIHUVVHULRXVSK\VLFDOLQMXU\DVGHÀQHGLQ (b) Does not furnish to the driver or occu-
256RUGLHVDVDUHVXOWRIWKHDFFLGHQW pant of such vehicles or injured person, the
>FFF@ WUXHQDPHDQGDGGUHVVRIWKHZLWQHVV
811.706 Money damages resulting from (2) The offense described in this section,
violation of ORS 811.700 or 811.705. When failure to perform the duties of a witness to
DSHUVRQLVFRQYLFWHGRIYLRODWLQJ256 DQDFFLGHQWLVD&ODVV%WUDIÀFYLRODWLRQ>
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sentence it may impose, may order the person
to pay an amount of money equal to the amount 811.717 Failure to remove motor vehicle
of any damages caused by the person as a result from roadway; penalty. (1) The driver of a
of the incident that created the duties in ORS motor vehicle commits the offense of failure
RU>F@ to remove a motor vehicle from the roadway
LIDIWHUDQDFFLGHQW
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Legislative Assembly but was not added to or (a) A person has not suffered any apparent
made a part of the Oregon Vehicle Code or any personal injury as a result of the accident;
FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ (b) The motor vehicle is operable and does
See Preface to Oregon Revised Statutes for not require towing;
IXUWKHUH[SODQDWLRQ
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&ULPHFODVVLÀFDWLRQIRUYLROD- a location off of the roadway as close to the
tion of ORS 811.705. The Oregon Criminal accident scene as possible; and
Justice Commission shall classify the crime
of failure to perform the duties of a driver to (d) The driver does not move the motor vehi-
injured persons as crime category 8 of the cle to a location off of the roadway as close to
sentencing guidelines grid of the commission WKHDFFLGHQWVFHQHDVSRVVLEOH
if a person suffers serious physical injury as (2) The offense described in this section,
GHÀQHGLQ256RUGLHVDVDUHVXOWRIWKH failure to remove a motor vehicle from the
DFFLGHQWWKDWIRUPVWKHEDVLVRIWKHFRQYLFWLRQ URDGZD\LVD&ODVV&WUDIÀFYLRODWLRQ>
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Legislative Assembly but was not added to or of the Oregon Vehicle Code by legislative action
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FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
See Preface to Oregon Revised Statutes for 6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
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811.710 Failure to perform duties of (Reports)
driver when animal is injured; penalty.
(1) A person commits the offense of failure to 811.720 When accident must be reported
perform the duties of a driver when an animal to Department of Transportation. (1)
is injured if the person knowingly strikes and ([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
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
D6WRSDWRQFH 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
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(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
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
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other than a vehicle involved in the accident, FFF
each driver involved in the accident must FFF
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involved in the accident must report the acci- 811.725 Driver failure to report acci-
GHQWLQWKHPDQQHUVSHFLÀHGLQ256 dent to Department of Transportation;
DQGXQGHUWKHFLUFXPVWDQFHVVSHFLÀHGLQ256 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 D,VGULYLQJDQ\YHKLFOHWKDWLVLQYROYHG
be towed from the scene of the accident, each in an accident required to be reported under
driver involved in the accident must report the 256DQGGRHVQRWZLWKLQKRXUV
DFFLGHQWLQWKHPDQQHUVSHFLÀHGXQGHU256 of the accident, complete a report of the acci-
DQGHDFKRZQHURIDYHKLFOHLQYROYHG dent in a form approved by the Department of
in the accident must report the accident in the Transportation and submit the report to the
PDQQHUVSHFLÀHGLQ256DQGXQGHU GHSDUWPHQW
WKHFLUFXPVWDQFHVVSHFLÀHGLQ256
E,VGULYLQJDYHKLFOHWKDWLVLQYROYHGLQ
7KHGROODUDPRXQWVSHFLÀHGLQVXEVHFWLRQ an accident and does not submit to the depart-
RIWKLVVHFWLRQPD\EHLQFUHDVHGHYHU\ÀYH ment any report required by the department
years by the Department of Transportation that is other than or in addition to the reports
based upon any increase in the Portland-Sa- UHTXLUHGE\WKLVVHFWLRQ7KHGHSDUWPHQWPD\
OHP &RQVXPHU 3ULFH ,QGH[ IRU $OO 8UEDQ request a supplemental report if in the opin-
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Bureau of Labor Statistics of the United States LQVXIÀFLHQW
Department of Labor or its successor during
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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
D2SHUDWRUVRIVQRZPRELOHV&ODVV,DOOWHU- ZLWKWKHÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV
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FRXUVHRIRIÀFLDOGXW\LIWKHDFFLGHQWLQYROYHG section is subject to the prohibitions and penal-
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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
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city, university that has established a police (5) The offense described in this section,
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port, school district, mass transit district, %WUDIÀFYLRODWLRQ>FF
county or county service district authorized FF@
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
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
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ORZLQJDSSO\ pants of vehicles in accidents under ORS
(A) The accident occurred while the vehicle
was driven by someone other than the owner ([FHSW DV SURYLGHG LQ VXEVHFWLRQ
RIWKHYHKLFOH of this section, an accident occurring on a
(B) The driver of the vehicle does not make highway or upon premises open to the public
an accident report as required under ORS resulting in damage to the property of any
person in excess of $1,500 is subject to the
(C) The owner of the vehicle fails to report IROORZLQJUHSRUWLQJUHTXLUHPHQWV
the accident to the Department of Transpor- (a) The driver of a vehicle that has more
WDWLRQLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW than $1,500 damage must report the accident
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E,IWKHSHUVRQLVWKHRZQHURIDYHKLFOH E,IWKHSURSHUW\GDPDJHLVWRSURSHUW\
involved in an accident and the person does not other than a vehicle involved in the accident,
make any additional reports the department each driver involved in the accident must
PD\UHTXLUH UHSRUWWKHDFFLGHQWLQWKHPDQQHUVSHFLÀHG
(2) The offense described in this section, XQGHU256
owner failure to report an accident, is a Class F,IDYHKLFOHLQYROYHGLQWKHDFFLGHQWLV
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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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(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
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(2) This section does not require an occu- LQJUHTXLUHPHQWVRIWKLVVHFWLRQ
pant of a vehicle who is not a driver to make D2SHUDWRUVRIVQRZPRELOHVDQG&ODVV,
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(3) The offense described in this section, fail- FRXUVHRIRIÀFLDOGXW\LIWKHDFFLGHQWLQYROYHG
ure of a vehicle occupant to make an accident a law enforcement official performing a
UHSRUWLVD&ODVV%WUDIÀFYLRODWLRQ>F lawful intervention technique or involved a
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811.740 False accident report; penalty. GXULQJWKHFRPPLVVLRQRIDFULPLQDORIIHQVH
(1) A person commits the offense of giving a $VXVHGLQWKLVSDUDJUDSK
false accident report if the person gives infor- $ ´/DZ HQIRUFHPHQW RIÀFLDOµ PHDQV D
mation in any report required under ORS person who is responsible for enforcing the
RUNQRZLQJRUKDYLQJUHDVRQ criminal laws of this state or a political sub-
WREHOLHYHWKDWVXFKLQIRUPDWLRQLVIDOVH division of this state and who is employed or
(2) The offense described in this section, YROXQWHHUV
giving a false accident report, is a Class B L$VDSHDFHRIÀFHUFRPPLVVLRQHGE\DFLW\
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to police officer or law enforcement 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
(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
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a method by which one motor vehicle causes, XQGHU256
or attempts to cause, another motor vehicle to (b) The driver of the vehicle is physically
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(5) The reporting requirements under this a law enforcement agency as required under
section are in addition to, and not in lieu of, the 256DQG
UHSRUWLQJUHTXLUHPHQWVXQGHU256 (c) The occupant does not give notice of the
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made a part of the Oregon Vehicle Code by (2) Notwithstanding subsection (1) of this
legislative action but were not added to ORS section, a person does not commit the offense
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI- of failure of a vehicle occupant to make an
ace to Oregon Revised Statutes for further DFFLGHQWUHSRUWLI
H[SODQDWLRQ (a) The accident required to be reported
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811.750. $VXVHGLQ256DQG or death; and
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agency that employs members of the Oregon (3) The offense described in this section,
State Police, a sheriff, a deputy sheriff, a city failure of a vehicle occupant to make an acci-
SROLFHRIÀFHUDSROLFHRIÀFHUFRPPLVVLRQHGE\ GHQWUHSRUWLVD&ODVV$WUDIÀFYLRODWLRQ>
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VHUYLFHV>FF FUNERAL PROCESSIONS
FF@
811.800 Operation of funeral vehicles
Note6HHQRWHXQGHU with improper lights; penalty. (1) A person
811.748 Driver failure to report acci- commits the offense of operation of a funeral
GHQWWRSROLFHRIÀFHURUODZHQIRUFHPHQW escort vehicle or a funeral lead vehicle with
agency; penalty. (1) The driver of a vehicle LPSURSHUOLJKWVLIWKHSHUVRQ
commits the offense of driver failure to report (a) Fails to equip the funeral escort vehi-
an accident if the driver is driving any vehicle cle or funeral lead vehicle with at least one
that is involved in an accident required to be ´ÀUHFRPSDQ\ZDUQLQJOLJKWµDVSURYLGHGIRU
UHSRUWHGXQGHU256DQGWKHGULYHULI XQGHU256DQGGHVFULEHGXQGHU256
physically capable, does not give notice of the RU
DFFLGHQWLPPHGLDWHO\WRDSROLFHRIÀFHURUD
law enforcement agency by the quickest means E8VHVWKH´ÀUHFRPSDQ\ZDUQLQJOLJKWµDW
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(2) Notwithstanding subsection (1) of this (2) No ordinance or other regulation shall
section, a driver does not commit the offense prohibit the use of warning lights on a funeral
RIGULYHUIDLOXUHWRUHSRUWDQDFFLGHQWLI escort vehicle or funeral lead vehicle while
GULYLQJLQDIXQHUDOSURFHVVLRQ
(a) The accident required to be reported
XQGHU256UHVXOWVLQDVHULRXVLQMXU\ (3) The offense described in this section,
or death; and operation of a funeral escort vehicle or funeral
lead vehicle with improper lights, is a Class D
(b) The driver gives notice of the accident WUDIÀFYLRODWLRQ>FF
immediately to the emergency communications F@
V\VWHPE\WKHTXLFNHVWPHDQVDYDLODEOH
811.802 Failure to yield right of way to
(3) The offense described in this section, funeral procession; penalty. (1) A person
driver failure to report an accident, is a Class commits the offense of failure to yield the right
$WUDIÀFYLRODWLRQ>FF of way to a funeral procession if the funeral
@ procession is accompanied by a funeral escort
Note6HHQRWHXQGHU vehicle or a funeral lead vehicle and the person
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811.750 Failure of vehicle occupant to
PDNHDFFLGHQWUHSRUWWRSROLFHRIÀFHU (a) Yield the right of way to the funeral
or law enforcement agency; penalty. (1) SURFHVVLRQ
A person commits the offense of failure of a (b) Stop before entering any intersection and
YHKLFOHRFFXSDQWWRPDNHDQDFFLGHQWUHSRUWLI remain stopped until the funeral procession
KDVSDVVHG
(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- SURFHVVLRQLVD&ODVV'WUDIÀFYLRODWLRQ>
tion (3) of this section and except for emergency FF@
vehicles and police vehicles or at the direction 811.808 Exemption from speed limits
RIDSROLFHRIÀFHUWKLVVHFWLRQDSSOLHVWRSHGHV- for funeral escort vehicle. Notwithstanding
trians, bicyclists, motor vehicle drivers and 256RUZKLOHRYHUWDNLQJWKH
DQ\RQHHOVHLQWKHSDWKRIDIXQHUDOSURFHVVLRQ IXQHUDOSURFHVVLRQLQRUGHUWRGLUHFWWUDIÀFDW
(3) This section applies only to persons who the next intersection, the funeral escort vehicle
knew or in the exercise of reasonable care may exceed the posted speed limit by 10 miles
should have known of the presence of a funeral per hour and may cross the center line of a
SURFHVVLRQ URDGZD\WKDWLVGLYLGHGLQWRWZRRUPRUHODQHV
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(4) The offense described in this section,
failure to yield the right of way to a funeral 811.810 Disrupting funeral procession;
SURFHVVLRQLVD&ODVV'WUDIÀFYLRODWLRQ> penalty. (1) A person commits the offense of
FF@ GLVUXSWLQJDIXQHUDOSURFHVVLRQLI
811.804 Intersection rules for funeral (a) The person is driving a vehicle that is
processions. (1) While exercising due caution not a member of the funeral procession and
regarding the safety of others, notwithstanding the person drives between the vehicles in a
DQ\WUDIÀFFRQWUROGHYLFHULJKWRIZD\SURYL- funeral procession; or
sions or other provisions of the Oregon Vehicle (b) The person is driving a vehicle that is
Code, if the funeral escort vehicle or funeral not a member of the funeral procession and the
lead vehicle lawfully enters an intersection, the person joins the funeral procession in order to
following procession may enter the intersection EHH[HPSWIURPDQ\UXOHRIWKHURDG
ZLWKRXWVWRSSLQJ (2) This section does not apply to any emer-
(2) Notwithstanding subsection (1) of this gency vehicle or police vehicle while that
section, the vehicles in the funeral procession vehicle is performing emergency or police
VKDOO\LHOGWKHULJKWRIZD\ GXWLHV
(a) To an emergency vehicle giving an audi- (3) The offense described in this section,
ble or visible signal; or disrupting a funeral procession, is a Class D
E,IGLUHFWHGE\DSROLFHRIÀFHUWRGRVR WUDIÀFYLRODWLRQ>FF
>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
Chapter 813
(',7,21
DRIVING UNDER THE INFLUENCE OF INTOXICANTS
&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
GHVFULEHGLQ256DVFULPHFDWHJRU\ 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 RIIVHWWKHFRVWRIWKHGHIHQGDQW·VSDUWLFLSDWLRQ
person convicted of a felony that has opera- The fee shall be established for each county
tion of a motor vehicle as an element, or of a by the victim impact panel coordinator and
felony that involved death, injury or property steering committee of that county and shall
damage caused by the use of a motor vehicle, EHQRWOHVVWKDQRUPRUHWKDQ>
WKHFRPPLVVLRQVKDOO FFDQGIRUPHU
(a) Consider two prior convictions of misde- FFF
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intoxicants to be equivalent to one conviction F@
RIIHORQ\GULYLQJZKLOHXQGHUWKHLQÁXHQFHRI 813.021 Requirements for screen-
intoxicants; and ing interview and treatment program.
(b) Consider felony driving while under the (1) When a court, in accordance with ORS
LQÁXHQFHRILQWR[LFDQWVWREHDSHUVRQIHORQ\ UHTXLUHV D SHUVRQ WR FRPSOHWH D
and consider misdemeanor driving while under screening interview and a treatment program,
WKHLQÁXHQFHRILQWR[LFDQWVWREHDSHUVRQ&ODVV the court shall require the person to do all of
$PLVGHPHDQRU>FF@ WKHIROORZLQJ
813.017 Arraignment; booking. When (a) Complete a screening interview for the
a person is arraigned on a charge of driving purpose of determining appropriate placement
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLR- of the person in a program for treatment for
ODWLRQRI256DFRXUWVKDOOHQVXUHWKDW alcoholism, drug dependency or dependency
the defendant submits to booking, if the person RQLQKDODQWV
KDVQRWDOUHDG\EHHQERRNHGRQWKDWFKDUJH (b) Pay directly to the agency or organization
>F@ conducting the screening interview a fee of
813.020 Fee to be paid on conviction;
screening and treatment; mandatory (c) Complete the treatment program to which
imprisonment or community service; WKHSHUVRQLVUHIHUUHG
attendance at victim impact treatment (d) Pay for the treatment program to which
session; session fee. When a person is con- WKHSHUVRQLVUHIHUUHG
YLFWHGRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
LQWR[LFDQWVLQYLRODWLRQRI256DFRXUW (2) The screening interview required by
shall comply with the following in addition to this section shall be conducted by an agency
DQ\ÀQHRURWKHUSHQDOW\LPSRVHGXSRQWKH RURUJDQL]DWLRQGHVLJQDWHGE\WKHFRXUW7KH
SHUVRQXQGHU256 designated agency or organization must meet
the standards set by the Director of the Oregon
7KHFRXUWVKDOOUHTXLUHWKHSHUVRQWR Health Authority to conduct the screening
(a) Pay to the court the fee described under LQWHUYLHZV:KHUHYHUSRVVLEOHDFRXUWVKDOO
256LQDGGLWLRQWRDQ\ÀQHLPSRVHG designate agencies or organizations to perform
XQGHU256 the screening interview that are separate from
(b) Complete a screening interview and those that may be designated to carry out a
a treatment program as provided in ORS WUHDWPHQWSURJUDP
DQG (3) An agency or organization doing a
(c) Submit to booking, if the person has not screening interview under this section may
DOUHDG\EHHQERRNHG not refer a person to a treatment program that
has not been approved by the Director of the
(2) The court must impose and not suspend 2UHJRQ+HDOWK$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
WKHVFUHHQLQJLQWHUYLHZ>F WRVDWLVI\WKHUHTXLUHPHQWXQGHU256
FDFF WRFRPSOHWHDWUHDWPHQWSURJUDP
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NoteZDVDGGHGWRDQGPDGHDSDUW this section, the court shall provide a copy of
of the Oregon Vehicle Code by legislative action WKHRUGHUWRWKHGLVWULFWDWWRUQH\
but was not added to ORS chapter 813 or any (7) A court may not enter an order that the
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG SHUVRQKDVWDNHQVXIÀFLHQWVWHSVWRVDWLVI\WKH
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ UHTXLUHPHQWXQGHU256WRFRPSOHWH
813.022 Proof of treatment. (1) A person a treatment program if the person has not
who has been convicted of driving while VWDUWHGDWUHDWPHQWSURJUDP>F
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVXQGHU256 F@
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of Transportation that the person completed of the Oregon Vehicle Code by legislative action
a treatment program to which the person was but was not added to ORS chapter 813 or any
UHIHUUHGXQGHU256 VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG
(2) The department may not reinstate a per- 6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
VRQ·VGULYLQJSULYLOHJHVXQOHVV 813.023 Alternative payment methods
(a) The person has provided proof of com- for screening interview or treatment pro-
pleting a treatment program as required under gram. A person required to pay for a screening
subsection (1) of this section; interview or treatment program under ORS
(b) The person has an order from the circuit RUZKRLV
court of the county in which the person was eligible for the state medical assistance pro-
FRQYLFWHGWKDWWKHSHUVRQKDVWDNHQVXIÀFLHQW JUDPRULVHQUROOHGLQDKHDOWKEHQHÀWSODQ
steps to satisfy the requirement under ORS DVGHÀQHGLQ256%PD\XWLOL]HWKH
WRFRPSOHWHDWUHDWPHQWSURJUDPRU state medical assistance program or health
EHQHÀWSODQDVDWKLUGSDUW\SD\HUIRUWKHFRVWV
(c) Fifteen years have elapsed since the date of medically necessary chemical dependency
of the person’s conviction for driving while services that are covered under the state med-
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV LFDODVVLVWDQFHSURJUDPRUKHDOWKEHQHÀWSODQ
D,IWKHSHUVRQLVXQDEOHWRSURYLGHSURRI The person remains responsible for the costs of
of completing a treatment program as required the screening interview or treatment program,
under subsection (1) of this section, the person regardless of the amount of coverage or the
PD\ÀOHDPRWLRQZLWKWKHFLUFXLWFRXUWRIWKH failure of the third party payer to reimburse
county in which the person was convicted to DOORIWKHFRVWV>FF
VKRZSURRIWKDWWKHSHUVRQKDVWDNHQVXIÀFLHQW F@
steps to satisfy the requirement under ORS NoteZDVHQDFWHGLQWRODZE\WKH
WRFRPSOHWHDWUHDWPHQWSURJUDP7KH Legislative Assembly but was not added to or
person shall provide a copy of the motion and made a part of the Oregon Vehicle Code or any
any supporting documentation to the district FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
DWWRUQH\RIWKHFRXQW\7KHGLVWULFWDWWRUQH\ See Preface to Oregon Revised Statutes for
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REMHFWLRQWRWKHPRWLRQ 813.025 Designation of agency to per-
form screening interview and treatment
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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 (1) An agency or organization may accept
such designations due to the lack of alternative
(c) Upon timely receipt of an objection from agencies or organizations in the service area;
the district attorney, the court shall conduct or
DKHDULQJ
(2) An agency or organization has applied
(4) At a hearing under subsection (3) of this to and been authorized by the Oregon Health
section, the court shall determine whether, Authority to operate a demonstration project
considering the totality of the circumstances, that combines screening interviews and treat-
WKHSHUVRQKDVWDNHQVXIÀFLHQWVWHSVVXFKWKDW PHQWSURJUDPV7KHDXWKRULW\VKDOOE\UXOHVHW
LQWKHFRXUW·VYLHZWKHSHUVRQKDVVDWLVÀHGWKH 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
(b) Take a urine test when requested to do (d) Within a period of time required by the
so in accordance with the provisions of ORS department by rule, report action taken under
DQG this section to the department and prepare
(2) The offense described in this section, and cause to be delivered to the department
refusal to take a test for intoxicants, is a spe- DUHSRUWDVGHVFULEHGLQ256DORQJ
FLÀFÀQHWUDIÀFYLRODWLRQ7KHSUHVXPSWLYHÀQH ZLWKWKHFRQÀVFDWHGOLFHQVHRUSHUPLWDQGD
IRUUHIXVDOWRWDNHDWHVWIRULQWR[LFDQWVLV FRS\RIWKHQRWLFHRILQWHQWWRVXVSHQG
7KHÀQHGHVFULEHGLQWKLVVHFWLRQLVLQDGGLWLRQ ,IDEORRGWHVWXQGHUWKLVVHFWLRQGLVFORVHV
to any other consequence prescribed by law for that the person, at the time of the test, had a
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813.100 Implied consent to breath or OLTXRUXQGHU256WKHSHUVRQ·VGULYLQJ
EORRGWHVWFRQÀVFDWLRQRIOLFHQVHXSRQ privileges are subject to suspension under ORS
refusal or failure of test. (1) Any person DQGWKHSROLFHRIÀFHUVKDOOUHSRUWWR
who operates a motor vehicle upon premises the department within 45 days of the date of
open to the public or the highways of this state DUUHVWWKDWWKHSHUVRQIDLOHGWKHEORRGWHVW
shall be deemed to have given consent, subject (5) Nothing in this section precludes a police
to the implied consent law, to a chemical test RIÀFHUIURPREWDLQLQJDFKHPLFDOWHVWRIWKH
of the person’s breath, or of the person’s blood person’s breath or blood through any lawful
if the person is receiving medical care in a means for use as evidence in a criminal or
health care facility immediately after a motor civil proceeding including, but not limited to,
vehicle accident, for the purpose of determin- REWDLQLQJDVHDUFKZDUUDQW>F
ing the alcoholic content of the person’s blood FFF
if the person is arrested for driving a motor FF@
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able grounds to believe the person arrested to VHFWLRQSROLFHRIÀFHUVRQEHKDOIRIWKH'HSDUW-
KDYHEHHQGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI ment of Transportation, shall issue temporary
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PXQLFLSDORUGLQDQFH%HIRUHWKHWHVWLVDGPLQ- WRSHUVRQVZKHQUHTXLUHGXQGHU256
istered the person requested to take the test (2) The department shall provide police
shall be informed of consequences and rights departments and agencies with permits for
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(2) No chemical test of the person’s breath department shall establish the form and con-
or blood shall be given, under subsection (1) of tent of permits described in this section as the
this section, to a person under arrest for driv- department determines appropriate, but in a
LQJDPRWRUYHKLFOHZKLOHXQGHUWKHLQÁXHQFHRI PDQQHUFRQVLVWHQWZLWKWKLVVHFWLRQ
LQWR[LFDQWVLQYLRODWLRQRI256RURID (3) A permit described in this section is sub-
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ical test after the person has been informed of D([FHSWDVSURYLGHGLQSDUDJUDSKERI
consequences and rights as described under this subsection, the permit is valid until the
256 WKGD\DIWHUWKHGDWHRIDUUHVW
,IDSHUVRQUHIXVHVWRWDNHDWHVWXQGHU (b) During the 12-hour period following issu-
this section or if a breath test under this sec- ance of the permit, the person is subject to ORS
tion discloses that the person, at the time of DQGWKHSHUPLWLVQRWDGHIHQVHWRD
the test, had a level of alcohol in the person’s FKDUJHXQGHU256
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the person’s driving privileges are subject to
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SURYLGHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ the person was arrested;
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256
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by another state or jurisdiction and that is not D'ULYLQJXQGHUWKHLQÁXHQFHRILQWR[L-
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under arrest for driving a motor vehicle while the test discloses a blood alcohol content of
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able grounds to believe, at the time the request EORRGDOFRKROFRQWHQWRI
was made, that the person arrested had been $SHUFHQWRUPRUHE\ZHLJKWLIWKH
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(c) Whether the person refused to submit to person was driving a commercial motor vehi-
a test or if the person submitted to a breath or cle; or
blood test whether the level of alcohol in the (C) Any amount if the person was under 21
person’s blood, as shown by the test, was suf- \HDUVRIDJH
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sequences and rights as described under ORS Oregon driver license or permit, the license or
permit will be taken immediately and, unless
(f) Whether the person was given written the person does not currently have full valid
notice of intent to suspend required by ORS driving privileges, a temporary driving permit
E ZLOOEHLVVXHGWRWKHSHUVRQ
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ment that the person conducting the test was WKHSHUVRQLVQRWHOLJLEOHIRUDKDUG-
DSSURSULDWHO\TXDOLÀHG ship permit for at least 90 days, and possibly
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statement that any methods, procedures and IDFWRUVVHWIRUWKLQ256
equipment used in the test comply with any (A) Whether the person is presently partic-
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$UHSRUWUHTXLUHGE\256PD\ of intoxicants diversion program in this state
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for person asked to take test. This section Replacement Part) became effective;
establishes the requirements for information (ii) The person was convicted of driving
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prepared by the Department of Transporta- lation of a municipal ordinance in this state
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(iv) The person commenced participating in (A) The person previously has been con-
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cants diversion program in this state or in any driver;
similar alcohol or drug rehabilitation program (B) The person previously has been con-
in this or another jurisdiction, as described in victed of a crime punishable as a felony and
256 the person was driving a motor vehicle at the
I,IWKHSHUVRQUHIXVHVDEUHDWKWHVWXQGHU time the offense was committed;
256RUUHIXVHVDXULQHWHVWXQGHU (C) The person previously has been convicted
256DQGWKHSHUVRQLVVXEMHFW of driving a commercial motor vehicle while the
WRDÀQHRIDWOHDVWDQGQRWPRUHWKDQ person’s commercial driving privileges or right
to apply for commercial driving privileges was
J$IWHUWDNLQJDWHVWXQGHU256 suspended or revoked for offenses committed
the person will have a reasonable opportunity, while operating a commercial motor vehicle;
upon request, for an additional chemical test (D) The person previously has been con-
for blood alcohol content to be performed at the victed of any degree of murder, manslaughter
SHUVRQ·VRZQH[SHQVHE\DTXDOLÀHGLQGLYLGXDO or criminally negligent homicide resulting
RIWKHSHUVRQ·VFKRRVLQJ from the operation of a commercial motor vehi-
(h) The person has a right to a hearing to FOHRUDVVDXOWLQWKHÀUVWGHJUHHUHVXOWLQJIURP
challenge the validity of the suspension before the operation of a commercial motor vehicle;
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must make a written request to the depart- YLFWHGRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
PHQWIRUVXFKDKHDULQJ,IWKHSHUVRQZLQVDW intoxicants;
the hearing, the person’s driving privileges
ZLOOQRWEHVXVSHQGHG,IWKHSHUVRQORVHVDWWKH (F) The person’s commercial driving priv-
hearing, the suspension will remain in effect ileges previously have been suspended or
GXULQJDQ\FRXUWUHYLHZRIWKHKHDULQJ revoked for refusal to submit to, or failure of,
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mation provided to the person shall include the cial driving privileges previously has been
number of hours before the driving permit will suspended or revoked for refusal to submit
be effective and the number of days the permit to, or failure of, a breath or blood test under
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(j) The information provided to the person
shall include the number of days within which (4) Nothing in this section prohibits the
a person must request a hearing under ORS department from providing additional infor-
mation concerning rights and consequences
that the department considers convenient or
(k) The information provided to the person DSSURSULDWH>FF
shall include the number of days within which FFF
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hardship permit in 30 days if the person fails a FFF@
WHVWGHSHQGLQJRQWKHSHUVRQ·VGULYLQJUHFRUG 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 Law, to a chemical test of the person’s urine
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and the level of alcohol in the person’s blood a controlled substance or an inhalant in the
LVSHUFHQWRUPRUHE\ZHLJKWWKHSHUVRQ·V person’s body if the person is arrested for driv-
commercial driving privileges or right to apply LQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
for commercial driving privileges will be sus- LQYLRODWLRQRI256RURIDPXQLFLSDO
pended and no hardship permit authorizing the RUGLQDQFHDQGHLWKHU
person to drive a commercial motor vehicle will (a) The person takes the breath test
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(b) The suspension of the person’s commer- percent; or
cial driving privileges or right to apply for (b) The person is involved in an accident
commercial driving privileges will be for the UHVXOWLQJLQLQMXU\RUSURSHUW\GDPDJH$XULQH
person’s lifetime if the person refuses a test test may be requested under this paragraph
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blood test and the level of alcohol in the per- requested and regardless of the results of a
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contained therein shall be determined by the (b) The person has a valid prescription for a
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tion forms made available to a defendant by as directed; or
any city or state court shall conform to the (c) The person is using a nonprescription
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intoxicants signed by the defendant; objection. (1) After an accusatory instrument
(b) An agreement by the defendant to com- KDVEHHQÀOHGFKDUJLQJWKHGHIHQGDQWZLWKWKH
plete at an agency or organization designated RIIHQVHRIGULYLQJZKLOHXQGHUWKHLQÁXHQFH
by the city or state court a screening interview RILQWR[LFDQWVDGHIHQGDQWPD\ÀOHZLWKWKH
to determine the possible existence and degree court a petition for a driving while under the
of an alcohol or drug abuse problem; LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
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defendant’s ability to pay, the program of treat- GDWHRIWKHGHIHQGDQW·VÀUVWDSSHDUDQFHRQWKH
ment indicated as necessary by the screening VXPPRQVXQOHVVDODWHUÀOLQJGDWHLVDOORZHG
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this section, an agreement by the defendant to an omnibus hearing does not constitute good
not use intoxicants during the diversion period FDXVH
and to comply fully with the laws of this state
designed to discourage the use of intoxicants; (b) Notwithstanding paragraph (a) of this
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(e) A notice to the defendant that the guilty plea or a no contest plea or after com-
diversion agreement will be considered to be mencement of any trial on the charge whether
violated if the court receives notice that the or not a new trial or retrial is ordered for any
defendant at any time during the diversion UHDVRQ
period committed the offense of driving while
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVRUFRPPLWWHG (2) The defendant shall pay to the court,
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the court advised of the defendant’s current 2567KHFRXUWPD\PDNHSURYLVLRQ
mailing address at all times during the diver- IRUSD\PHQWRIWKHÀOLQJIHHE\WKHGHIHQGDQW
sion period; RQDQLQVWDOOPHQWEDVLV7KHFRXUWPD\ZDLYH
(g) A waiver by the defendant of any former DOORUSDUWRIWKHÀOLQJIHHLQFDVHVLQYROYLQJ
jeopardy rights under the federal and state LQGLJHQWGHIHQGDQWV7KHÀOLQJIHHSDLGWRWKH
&RQVWLWXWLRQVDQG256WRLQ court under this subsection shall be retained
any subsequent action upon the charge or any E\WKHFRXUWLIWKHSHWLWLRQLVDOORZHG7KHÀOLQJ
other offenses based upon the same criminal fee shall be distributed as provided by ORS
episode;
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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
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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 L3D\PHQWVVKDOOEHPDGHSULRUWRWKHHQGRI
the diversion period on a schedule determined
(j) An agreement by the defendant to pay E\WKHFRXUW
restitution if ordered by the court under ORS
(b) The court may waive all or part of the
court-appointed attorney fees agreed to under
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(a) The person consumes sacramental wine the court any restitution ordered under ORS
given or provided as part of a religious rite or 3D\PHQWVVKDOOEHPDGHGXULQJWKH
service; diversion period on a schedule determined by
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of intoxicants diversion agreement to be served ineligible for diversion under this paragraph
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GLVWULFWDWWRUQH\RUFLW\DWWRUQH\PD\ÀOHZLWK gram or rehabilitation program described in
the court, within 15 days after the date of ser- paragraph (d) of this subsection as a result of
vice, a written objection to the petition and a the charge for the present offense, a charge
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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
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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
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the present offense and ending on the date the
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involved the impaired driving of a vehicle due VLRQRIWKHRIIHQVH
to the use of intoxicating liquor, a controlled (i) The defendant was not operating a com-
substance, an inhalant or any combination PHUFLDOPRWRUYHKLFOHDWWKHWLPHRIWKHRIIHQVH
thereof; or
(j) The present driving while under the
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that involved operating a vehicle while having DQDFFLGHQWUHVXOWLQJLQ
a blood alcohol content above that jurisdiction’s
SHUPLVVLEOHEORRGDOFRKROFRQWHQW (A) Death of any person; or
(b) The defendant has not been convicted (B) Physical injury as defined in ORS
of an offense described in paragraph (a) of WRDQ\SHUVRQRWKHUWKDQWKHGHIHQGDQW
this subsection within the period beginning (2) For the purposes of subsection (1)(a) of
15 years before the date of the commission of this section, a conviction for a driving offense
the present offense and ending on the date the in another jurisdiction based solely on a person
GHIHQGDQWÀOHGWKHSHWLWLRQIRUDGULYLQJZKLOH under 21 years of age having a blood alcohol
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ content that is lower than the permissible blood
DJUHHPHQW alcohol content in that jurisdiction for a person
(c) The defendant has not been convicted of 21 years of age or older does not constitute a
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D (3) A defendant is eligible for a second or
(d) The defendant was not participating in a subsequent diversion if the defendant meets
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV all of the conditions of subsection (1) of this
diversion program or in any similar alcohol or section and the defendant has not been con-
drug rehabilitation program in this state or in victed of any other criminal offense involving
another jurisdiction on the date the defendant a motor vehicle within the period beginning
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defendant is not ineligible for diversion under GHIHQGDQWÀOHGWKHSHWLWLRQIRUWKHVHFRQGRU
this paragraph by reason of participation in VXEVHTXHQWGULYLQJZKLOHXQGHUWKHLQÁXHQFH
a diversion program or any similar alcohol or RILQWR[LFDQWVGLYHUVLRQDJUHHPHQW>F
drug rehabilitation program as a result of the FFF
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(e) The defendant did not participate in a 813.220 Matters to be considered by
diversion or rehabilitation program described court in determining to allow diversion
in paragraph (d) of this subsection within the agreement; reasons for denial. After the
period beginning 15 years before the date of the time for requesting a hearing under ORS
commission of the present offense and ending KDVH[SLUHGZLWKQRUHTXHVWIRUDKHDU-
RQWKHGDWHWKHGHIHQGDQWÀOHGWKHSHWLWLRQIRU ing, or after a hearing requested under ORS
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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
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(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 D
diagnosis and treatment of problem drink- (11) For the purposes of subsection (7) of
ing, alcoholism or drug dependency would be this section, may not consider a conviction for
EHQHÀFLDO a driving offense in another jurisdiction based
(3) May take into consideration whether solely on a person under 21 years of age having
there is a probability that the defendant will a blood alcohol content that is lower than the
cooperate with the diagnostic assessment and permissible blood alcohol content in that juris-
WUHDWPHQWDJHQFLHV diction for a person 21 years of age or older as
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(4) May take into consideration whether the
defendant will observe the restrictions con- (12) May not deny the petition for a driv-
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diversion agreement solely on the basis that
(5) May take into consideration whether the the defendant is a member of the Armed Forces
offense was committed in a motor vehicle and of the United States, the reserve components
whether there was a passenger in the motor of the Armed Forces of the United States or
vehicle who was under 18 years of age and at the National Guard and has been called or
OHDVWWKUHH\HDUV\RXQJHUWKDQWKHGHIHQGDQW demonstrates that the defendant will be called
6KDOOGHQ\WKHSHWLWLRQIRUDGULYLQJZKLOH to active duty, and the military service will
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ impair the defendant’s ability to complete the
agreement if the defendant failed to appear at GLYHUVLRQSURJUDP>F
an arraignment on the present offense without FFF
JRRGFDXVH FFF
F@
(7) Shall deny the petition for a driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU- 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[- has a right to be present and to be heard at
icants offense in another jurisdiction that WKHKHDULQJ>F@
involved the impaired driving of a vehicle due
to the use of intoxicating liquor, a controlled 813.225 Petition for extension of diver-
substance, an inhalant or any combination sion period; conditions. (1) A defendant may
thereof; or apply by motion to the court in which a driving
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU-
(c) A driving offense in another jurisdiction VLRQDJUHHPHQWGHVFULEHGLQ256ZDV
that involved operating a vehicle while having entered for an order extending the diversion
a blood alcohol content above that jurisdiction’s SHULRG
SHUPLVVLEOHEORRGDOFRKROFRQWHQW
(a) Within 30 days prior to the end of the
(8) Shall deny the petition for a driving while diversion period; or
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ
agreement if the defendant participated in a E,IWKHGHIHQGDQWLVVHUYLQJRQDFWLYHGXW\
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L- as a member of the Armed Forces of the United
cants diversion program or in any similar States, or is a member of the reserve compo-
alcohol or drug rehabilitation program, other nents of the Armed Forces of the United States
than a program entered into as a result of the or the National Guard, at any time prior to the
charge for the present offense, in this state HQGRIWKHGLYHUVLRQSHULRG
or in another jurisdiction after the date the (2) Petition forms for an application for an
GHIHQGDQWÀOHGWKHSHWLWLRQ extension under this section shall be available
(9) Shall deny the petition for a driving WRDGHIHQGDQWDWWKHFRXUW
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU- (3) The form of the petition for an exten-
sion agreement if the defendant was charged sion under this section shall be determined
with or convicted of an offense of aggravated E\WKH6XSUHPH&RXUWXQGHU2567KH
petition forms made available to a defendant (a) Accept the guilty plea or no contest plea
by any city or state court shall conform to the ÀOHGDVSDUWRIWKHSHWLWLRQIRUDGLYHUVLRQ
UHTXLUHPHQWVRIWKH6XSUHPH&RXUW agreement but withhold entry of a judgment
(4) The court may grant a petition for an of conviction; and
H[WHQVLRQÀOHGXQGHUWKLVVHFWLRQLIWKHFRXUW (b) Sign the petition and indicate thereon
ÀQGVWKDWWKHGHIHQGDQWPDGHDJRRGIDLWK the date of allowance of the diversion period,
effort to complete the conditions of the diver- the length of the diversion period and the date
sion agreement and that the defendant can XSRQZKLFKWKHGULYLQJZKLOHXQGHUWKHLQÁX-
complete the conditions of the diversion agree- HQFHRIIHQVHRFFXUUHG
ment within the requested extended diversion (2) The petition when signed and dated
SHULRG becomes the diversion agreement between
(5) An extension granted under this section WKHGHIHQGDQWDQGWKHFRXUW7KHFRXUWVKDOO
may be for no more than 180 days from the make the agreement a part of the record of the
ending date of the original diversion period or FDVH7KHFRXUWVKDOOQRWLI\WKH'HSDUWPHQWRI
for another time period the court allows under Transportation of the diversion agreement in
VXEVHFWLRQRIWKLVVHFWLRQ a form agreed to by the department and the
([FHSWDVSURYLGHGLQVXEVHFWLRQRI 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 WKHLQÁXHQFHRILQWR[LFDQWVRIIHQVHSURFHHGLQJ
the United States, the reserve components of pending completion of the diversion agreement
the Armed Forces of the United States or the RULWVWHUPLQDWLRQ
National Guard;
(4) When the court denies a petition for a
E,VRQDFWLYHGXW\RUKDVUHFHLYHGRUGHUV GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
that the defendant will be called to active duty; cants diversion agreement, it shall continue the
and RIIHQVHSURFHHGLQJDJDLQVWWKHGHIHQGDQW7KH
(c) Demonstrates that the military service JXLOW\SOHDRUQRFRQWHVWSOHDÀOHGDVSDUWRIWKH
will impair the defendant’s ability to complete petition for the diversion agreement may not
the conditions of the diversion agreement and be used in the offense proceeding under this
no comparable treatment program described VXEVHFWLRQ>FF
LQ256LVDYDLODEOH FFF@
,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 DGULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[-
conditions of the diversion agreement within icants diversion agreement in this state, the
the extended diversion period, the court may court may allow a defendant who is a member
dismiss the charge with prejudice under ORS of the Armed Forces of the United States, the
reserve components of the Armed Forces of the
E,IWKHFRXUWÀQGVWKDWWKHGHIHQGDQW United States or the National Guard and who
failed to comply with the diversion agreement is serving on active duty to participate in a
within the extended diversion period, the court comparable treatment program conducted by or
shall enter the guilty plea or no contest plea authorized by a government entity in another
ÀOHGDVSDUWRIWKHSHWLWLRQIRUDGLYHUVLRQ MXULVGLFWLRQ>F@
agreement, shall enter a judgment of convic- NoteZDVDGGHGWRDQGPDGHD
WLRQDQGVKDOOVHQWHQFHWKHGHIHQGDQW part of the Oregon Vehicle Code by legislative
,IWKHFRXUWGHQLHVWKHSHWLWLRQIRUDQ action but was not added to ORS chapter 813
extension under this section, the court shall RUDQ\VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
HQWHUWKHJXLOW\SOHDRUQRFRQWHVWSOHDÀOHGDV 5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
part of the petition for a diversion agreement, 813.235 Attendance at victim impact
shall enter a judgment of conviction and shall treatment session as condition of diver-
VHQWHQFHWKHGHIHQGDQW>F sion; fee. ,QDFRXQW\WKDWKDVDYLFWLPLPSDFW
FF@ program a court may require as a condition of
813.230 Diversion agreement; record; DGULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[L-
duration; effect of denial. (1) When the cants diversion agreement that the defendant
court allows a petition for a driving while DWWHQGDYLFWLPLPSDFWWUHDWPHQWVHVVLRQ,IWKH
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHUVLRQ court requires attendance under this section,
DJUHHPHQWÀOHGDVSURYLGHGLQ256 the court may require the defendant, as part
WKHMXGJHWDNLQJWKDWDFWLRQVKDOO of the diversion agreement, to pay a reason-
able fee to the victim impact program to offset
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 ,IWKHGHIHQGDQWGRHVQRWDSSHDUDVSUR-
WKDQRUPRUHWKDQ>F vided by subsection (1) of this section within
F@ six months after the conclusion of the diversion
813.240 Amount and distribution of SHULRGDQGLIWKHFRXUWÀQGVWKDWWKHGHIHQGDQW
ÀOLQJIHHVFUHHQLQJLQWHUYLHZIHH(1) The fully complied with and performed the condi-
ÀOLQJIHHSDLGE\DGHIHQGDQWDWWKHWLPHRI tions of the diversion agreement, and if it gives
ÀOLQJDSHWLWLRQIRUDGULYLQJZKLOHXQGHUWKH QRWLFHRIWKDWÀQGLQJWRWKHGLVWULFWDWWRUQH\RU
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW city attorney the court may on its own motion
DVSURYLGHGLQ256LV$IHHFRO- enter an order dismissing the charge of driving
lected under this subsection in the circuit court ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVZLWK
shall be deposited by the clerk of the court in SUHMXGLFH
WKH&ULPLQDO)LQH$FFRXQW,IWKHIHHLVFRO- (4) No statement made by the defendant
lected in a municipal or justice court, $290 about the offense with which the defendant is
of the fee shall be forwarded by the court to charged shall be offered or received in evidence
the Department of Revenue for deposit in the in any criminal or civil action or proceeding
Criminal Fine Account, and the remainder arising out of the same conduct which is the
of the fee shall be paid to the city or county basis of the charge of driving while under the
WUHDVXUHU LQÁXHQFHRILQWR[LFDQWVLIWKHVWDWHPHQWZDV
,IOHVVWKDQWKHIXOOÀOLQJIHHLVFROOHFWHG made during the course of the screening inter-
under subsection (1) of this section in a munic- view or treatment program and to a person
ipal or justice court, the money received shall HPSOR\HGE\WKHSURJUDP>F
EHDOORFDWHGÀUVWWRWKH'HSDUWPHQWRI5HYHQXH FFF@
IRUGHSRVLWLQWKH&ULPLQDO)LQH$FFRXQW 813.252 Motion to dismiss charge when
,QDGGLWLRQWRWKHÀOLQJIHHXQGHUVXEVHF- PLQLPDOÀQHDPRXQWUHPDLQV(1) At any
tion (1) of this section, the court shall order the time before entry of a judgment of conviction
defendant to pay $150 directly to the agency and within 180 days after the conclusion of the
or organization providing the screening inter- SHULRGRIDGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
YLHZ>FF intoxicants diversion agreement described in
FFFDD 256RUDQH[WHQVLRQGHVFULEHGLQ256
FFF DGHIHQGDQWZKRKDVFRPSOLHGZLWK
FF and performed all of the conditions of the diver-
FFF sion agreement, except that the defendant owes
FF $500 or less of the fees required under ORS
FF@ DQGPD\
813.245 Booking. When a court grants a apply by motion to the court wherein the diver-
SHWLWLRQIRUDGULYLQJZKLOHXQGHUWKHLQÁXHQFH sion agreement was entered for a judgment
of intoxicants diversion agreement, a court dismissing with prejudice the charge of driving
shall ensure that the defendant submits to ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
booking, if the defendant has not already been (2) The defendant shall cause to be served
booked on the charge of driving while under on the district attorney or city attorney a copy
WKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI256 of the motion for a judgment dismissing with
>F@ prejudice the charge of driving while under the
NoteZDVDGGHGWRDQGPDGHDSDUW LQÁXHQFHRILQWR[LFDQWV7KHFRS\RIWKHPRWLRQ
of ORS chapter 813 by legislative action but shall be served on the district attorney or city
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ DWWRUQH\DWWKHWLPHWKHPRWLRQLVÀOHGZLWK
See Preface to Oregon Revised Statutes for WKHFRXUW7KHGLVWULFWDWWRUQH\RUFLW\DWWRUQH\
IXUWKHUH[SODQDWLRQ PD\FRQWHVWWKHPRWLRQ
813.250 Motion to dismiss charge on (3) At the hearing on the motion described
completion of diversion; admissibility of in subsection (1) of this section, the court shall
statements. (1) At any time after the conclu- dismiss with prejudice the charge of driving
sion of the period of a driving while under the ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVLIWKH
LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW defendant pays the balance of the fees owed
GHVFULEHGLQ256DGHIHQGDQWZKR E\SPRQWKHGD\WKHKHDULQJLVKHOG7KH
has fully complied with and performed the con- defendant may also pay the balance of the fees
ditions of the diversion agreement may apply RZHGEHIRUHWKHGD\WKHKHDULQJLVKHOG
by motion to the court wherein the diversion (4) Before the court dismisses with prejudice
agreement was entered for an order dismissing DFKDUJHRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
WKHFKDUJHZLWKSUHMXGLFH intoxicants under this section, the court shall
(2) The defendant shall cause to be served enter a judgment containing a money award,
on the district attorney or city attorney a copy DVGHÀQHGLQ256IRUDQ\UHPDLQLQJ
of the motion for entry of an order dismissing DPRXQWRIUHVWLWXWLRQRZHGE\WKHGHIHQGDQW
with prejudice the charge of driving while >F@
XQGHUWKHLQÁXHQFHRILQWR[LFDQWV7KHPRWLRQ NoteZDVDGGHGWRDQGPDGHDSDUW
shall be served on the district attorney or city of ORS chapter 813 by legislative action but
where the offense is alleged to have occurred, at a hearing requested under this section, a
DVHVWDEOLVKHGE\WKHGHSDUWPHQWE\UXOH SHUVRQVKDOOKDYHWKHULJKWWRDSSHDODQ\ÀQDO
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 D7KHSHUVRQVKDOOÀOHWKHSHWLWLRQLQWKH
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- in which the arrest took place within 30
strued so as to effect the legislative purpose of GD\VDIWHULVVXDQFHRIWKHÀQDORUGHURIWKH
limiting the scope of hearings under this sec- GHSDUWPHQW
WLRQ7KHVFRSHRIDKHDULQJXQGHUWKLVVHFWLRQ (b) The court upon receipt of the petition
shall be limited to whether the suspension is shall set the matter for hearing upon 10 days’
YDOLGDVGHVFULEHGLQWKLVVXEVHFWLRQ$VXV- notice to the department and the petitioner
pension under this section is valid if all of the unless hearing is waived by both the depart-
IROORZLQJUHTXLUHPHQWVKDYHEHHQPHW PHQWDQGWKHSHWLWLRQHU>F
(a) The person, at the time the person was FFF
requested to submit to a test under ORS FFF
ZDVXQGHUDUUHVWIRUGULYLQJZKLOH FFF
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQ FFF
RI256RUDPXQLFLSDORUGLQDQFH FFF@
(b) The police had reasonable grounds to 5ROHRISROLFHRIÀFHULQLPSOLHG
believe, at the time the request was made, that consent hearing. Notwithstanding ORS
the person arrested had been driving under DQGLQDQ\KHDULQJXQGHU256
WKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI256 LQZKLFKDFLW\DWWRUQH\RUGLVWULFW
RURIDPXQLFLSDORUGLQDQFH DWWRUQH\ GRHV QRW DSSHDU D SROLFH RIÀFHU
actively involved in the investigation of the
(c) The person refused a test under ORS offense may present evidence, examine and
RUWRRNDEUHDWKRUEORRGWHVWDQGWKH cross-examine witnesses and make arguments
test disclosed that the level of alcohol in the UHODWLQJWR
SHUVRQ·VEORRGDWWKHWLPHRIWKHWHVWZDV
(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- (3) The admissibility of evidence; and
cle; or (4) Proper procedures to be used in the hear-
(C) Any amount if the person was under 21 LQJ>FF@
\HDUVRIDJH NoteZDVHQDFWHGLQWRODZE\WKH
G,IWKHUHSRUWXQGHU256LQGL- Legislative Assembly but was not added to or
cates that the person was driving a commercial made a part of the Oregon Vehicle Code or any
motor vehicle, the vehicle was in fact a commer- FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
FLDOPRWRUYHKLFOHDVGHÀQHGLQ256 See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
(e) The person had been informed under
256RIULJKWVDQGFRQVHTXHQFHVDV 813.420 Duration of suspension for
GHVFULEHGXQGHU256 refusal or failure of test. When the Depart-
ment of Transportation imposes a suspension
(f) The person was given written notice XQGHU256WKHVXVSHQVLRQVKDOOEH
UHTXLUHGXQGHU256 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-
XQGHU256WKHPHWKRGVSURFHGXUHV SHQVLRQVKDOOEHIRUDSHULRGRIRQH\HDU
and equipment used in the test complied with ,IWKHVXVSHQVLRQLVIRUUHIXVDORIDWHVW
UHTXLUHPHQWVXQGHU256 XQGHU256DQGWKHSHUVRQLVVXEMHFWWR
(7) A suspension imposed under this sec- an increase in the suspension time for reasons
tion shall remain in effect pending any appeal GHVFULEHGLQ256WKHVXVSHQVLRQVKDOO
RUUHPDQGRIDÀQDORUGHULVVXHGXQGHUWKLV EHIRUDSHULRGRIWKUHH\HDUV
section and there shall be no stay of the sus- ,IWKHVXVSHQVLRQLVEHFDXVHDEUHDWKRU
SHQVLRQSHQGLQJDSSHDORUUHPDQG EORRGWHVWXQGHU256GLVFORVHGWKDW
(8) Unless a person fails, without just cause, the person had a level of alcohol in the person’s
to appear personally or through an attorney EORRGWKDWFRQVWLWXWHGEHLQJXQGHUWKHLQÁX-
HQFHRILQWR[LFDWLQJOLTXRUXQGHU256
D ,V H[DPLQHG E\ WKH 2UHJRQ +HDOWK (1) A hardship permit issued to the person
Authority to determine whether the person has VKDOOOLPLWWKHSHUVRQ·VGULYLQJSULYLOHJHV
a problem condition involving alcohol, inhal- (a) To the times, places, routes and days
ants or controlled substances as described in the department determines to be minimally
256DQG necessary for the person to seek or retain
(b) Complies with the requirements of this employment, to attend any alcohol or drug
VHFWLRQ treatment or rehabilitation program or to
,I WKH DXWKRULW\ GHWHUPLQHV WKDW WKH obtain required medical treatment for the
person has a problem condition involving person or a member of the person’s immediate
alcohol, inhalants or controlled substances, family; and
DVGHVFULEHGLQ256WKHGHSDUWPHQW (b) To times, places, routes and days that
may issue the permit to the person only if both DUHVSHFLÀFDOO\VWDWHG
WKHIROORZLQJDSSO\ (2) The person’s driving privileges under the
(a) The person enrolled in a program for permit are subject to suspension or revocation
rehabilitation for alcoholism or drug depen- if the person does not maintain a good driv-
GHQFHDSSURYHGE\WKHDXWKRULW\ LQJUHFRUGDVGHÀQHGE\WKHDGPLQLVWUDWLYH
(b) The authority recommends, on the basis rules of the department, during the term of
of the person’s progress in the rehabilitation WKHSHUPLW
program, such reinstatement in writing to the ,IWKHSHUVRQLVLQDUHKDELOLWDWLRQSUR-
GHSDUWPHQW,IWKHDXWKRULW\PDNHVDUHFRP- JUDPXQGHU256WKHSHUVRQPXVW
mendation under this paragraph, the authority FRPSOHWHWKHUHKDELOLWDWLRQSURJUDP
VKDOOVWDWHVSHFLÀFDOO\LQWKHUHFRPPHQGDWLRQ (4) The department may require the person
the times, places, routes and days of the week to complete a driver improvement program
minimally necessary for the person to seek or XQGHU 256 DV D FRQGLWLRQ RI WKH
retain employment, to attend any alcohol or SHUPLW
drug treatment or rehabilitation program or
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
,I WKH DXWKRULW\ GHWHUPLQHV WKDW WKH FRQGLWLRQRIUHWDLQLQJWKHSHUPLW
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 D5HFNOHVVGULYLQJXQGHU256
256WKHSHUVRQHQWHUVDQDOFRKRORU
drug information program approved by the E'ULYLQJXQGHUWKHLQÁXHQFHRILQWR[L-
authority and the department determines FDQWVXQGHU256
WKDWLVVXDQFHRIDSHUPLWLVDSSURSULDWH,I (c) Failure to perform the duties of a driver
the department issues a permit to a person XQGHU256RU
described in this subsection, the department
VKDOOUHTXLUHXQGHU256WKDWWKH (d) Fleeing or attempting to elude a police
person complete the program as a condition of RIÀFHUXQGHU256
UHWDLQLQJWKHSHUPLW>F (e) Driving while suspended or revoked
FFF XQGHU256RU>F
FFF FF
F@ FFF@
813.510 Limitations on privileges 813.520 Limitations on authority to
granted by permit; conditions of permit. issue hardship permit or reinstate driv-
This section establishes limitations that the ing privileges. ,QDGGLWLRQWRDQ\SURYLVLRQV
Department of Transportation is required RI256DQGRUWKLV
or permitted to place on hardship permits section establishes limitations on the author-
LVVXHGXQGHU256WRSHUVRQVZKRVH ity of the Department of Transportation to
suspension is based upon a conviction for driv- LVVXHGULYLQJSULYLOHJHVXQGHU256
LQJXQGHUWKHLQÁXHQFHRILQWR[LFDQWVRUXSRQ The department may not reinstate any driv-
256/LPLWDWLRQVSODFHGRQDKDUGVKLS ing privileges or issue any hardship permit
permit under this section are in addition to XQGHU256DVSURYLGHGXQGHUDQ\RI
any limitations placed on the permit under WKHIROORZLQJ
256$SHUVRQ·VSHUPLWLVVXEMHFWWR
suspension or revocation as provided under (1) For a period of 90 days after the begin-
256LIWKHGHSDUWPHQWGHWHUPLQHV ning of the suspension if the suspension is
that the holder of the permit has violated any IRUUHIXVDORIDWHVWXQGHU256DQG
limitation placed upon the permit under this the person is not subject to an increase in the
VHFWLRQ9LRODWLRQRIDOLPLWDWLRQXQGHUWKLVVHF- time before a permit may be issued for rea-
WLRQLVSXQLVKDEOHDVSURYLGHGE\256 VRQVGHVFULEHGLQ2567KLVSHULRG
RU7KHOLPLWDWLRQVDUHDVGHVFULEHGLQ of 90 days shall be reduced by the time the
WKHIROORZLQJ department refused to issue a hardship permit
XQGHUVXEVHFWLRQRURIWKLVVHFWLRQLI
813.602 Circumstances under which (i) The person submitted to a chemical test
ignition interlock device required; of the person’s breath or blood as required
exemptions; rules. (1) Subject to subsection XQGHU256DQGWKHWHVWGLVFORVHGD
(2) of this section, when a person is convicted of EORRGDOFRKROFRQWHQWRISHUFHQWRUPRUH
GULYLQJZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV by weight;
LQYLRODWLRQRI256RURIDPXQLFLSDO (ii) The person refused to submit to a chem-
ordinance, the Department of Transportation, ical test of the person’s breath or blood; or
in addition to any other requirement, shall
require that the person have installed and be (iii) The person submitted to a chemical
using an approved ignition interlock device in test of the person’s breath, blood or urine as
DQ\YHKLFOHRSHUDWHGE\WKHSHUVRQ UHTXLUHGXQGHU256RUDQG
the test disclosed a blood alcohol content of
(a) Before the person is eligible for a hard- PRUHWKDQSHUFHQWE\ZHLJKWEXWOHVVWKDQ
VKLSSHUPLW7KHUHTXLUHPHQWLVDFRQGLWLRQ SHUFHQWE\ZHLJKWDQGGLVFORVHGWKHSUHV-
of the hardship permit for the duration of the HQFHRIDFRQWUROOHGVXEVWDQFHRUDQLQKDODQW
KDUGVKLSSHUPLW
(B) The court may require that an approved
E)RUDÀUVWFRQYLFWLRQIRURQH\HDUDIWHU ignition interlock device be installed and used
the ending date of the suspension or revoca- in any vehicle operated by the person during
WLRQFDXVHGE\WKHFRQYLFWLRQ9LRODWLRQRIWKH the period of the agreement when the person
condition imposed under this paragraph is a has driving privileges if the person submitted
&ODVV$WUDIÀFYLRODWLRQ to a chemical test of the person’s breath, blood
(c) For a second or subsequent conviction, RUXULQHDVUHTXLUHGXQGHU256RU
for two years after the ending date of the sus- DQGWKHWHVWGLVFORVHGDEORRGDOFRKRO
SHQVLRQRUUHYRFDWLRQFDXVHGE\WKHFRQYLFWLRQ FRQWHQWEHORZSHUFHQWE\ZHLJKW
Violation of the condition imposed under this E,QDGGLWLRQWRDQ\DFWLRQWDNHQXQGHU
SDUDJUDSKLVD&ODVV$WUDIÀFYLRODWLRQ 256 YLRODWLRQ RI WKH FRQGLWLRQ
(2) When a person is convicted of a crime or imposed under this subsection is a Class A
multiple crimes as described in this subsec- WUDIÀFYLRODWLRQ
tion, the department, in addition to any other (c) A court may exempt a person from the
requirement, shall require that the person condition in a diversion agreement to have
have installed and be using an approved igni- installed and be using an ignition interlock
tion interlock device in any vehicle operated by device if the court determines that the person
WKHSHUVRQIRUÀYH\HDUVDIWHUWKHHQGLQJGDWH meets the requirements for a medical exemp-
of the longest running suspension or revocation tion in accordance with rules adopted by the
FDXVHGE\DQ\RIWKHFRQYLFWLRQV9LRODWLRQRI GHSDUWPHQW XQGHU WKLV VHFWLRQ $ SHUVRQ
the condition imposed under this subsection is granted a medical exemption under this
D&ODVV$WUDIÀFYLRODWLRQ$SHUVRQLVVXEMHFW paragraph shall carry proof of the medical
to this subsection when the person is convicted exemption with the person while operating
RI DQ\YHKLFOH
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 designee, including but not limited to an
LQWR[LFDQWVLQYLRODWLRQRI256RURI DJHQF\RURUJDQL]DWLRQFHUWLÀHGE\WKH2UHJRQ
a municipal ordinance and the person’s driv- +HDOWK$XWKRULW\XQGHU256DQG
LQJSULYLOHJHVDUHUHYRNHGXQGHU256 (b) The district attorney or the city prosecu-
(1)(b) and later ordered restored under ORS WRU>FFF
FFF
D([FHSWDVSURYLGHGLQSDUDJUDSKF FFF
of this subsection, as a condition of a driving FFF
ZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWVGLYHU- FFF@
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
A payment schedule may be established for the following suspension or revocation for the
SHUVRQE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ HPSOR\HH·VÀUVWFRQYLFWLRQRIGULYLQJZKLOH
(2) The department may waive, in whole or XQGHUWKHLQÁXHQFHRILQWR[LFDQWV
in part, or defer the person’s responsibility to (c) That the employee is operating on a
pay all or part of the costs under subsection fully reinstated license within the second
(1) of this section if the person meets the cri- year following suspension or revocation for
teria for indigence established for waiving or the employee’s second or subsequent convic-
deferring such costs under subsection (3) of WLRQRIGULYLQJZKLOHXQGHUWKHLQÁXHQFHRI
WKLVVHFWLRQ,IWKHSHUVRQ·VUHVSRQVLELOLW\IRU intoxicants; or
costs is waived, then notwithstanding ORS (d) That the employee has driving privileges
WKHFRVWVGHVFULEHGLQVXEVHFWLRQRI 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 the possession of the employee while operating
must be consistent with the standards for the employer’s vehicle in the course of employ-
indigence adopted by the federal government PHQW>FFF
for purposes of the Supplemental Nutrition FF@
$VVLVWDQFH3URJUDP>F@
Note6HHQRWHXQGHU
NoteZDVDGGHGWRDQGPDGHDSDUW
of ORS chapter 813 by legislative action but 813.608 Knowingly furnishing motor
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ vehicle without ignition interlock device;
See Preface to Oregon Revised Statutes for penalty. (1) A person commits the offense of
IXUWKHUH[SODQDWLRQ knowingly furnishing a motor vehicle without
an ignition interlock device to someone who
813.604 Notice of court order; notation is not authorized to drive such a vehicle if the
on hardship permit; rules. (1) When a court person rents, leases, lends or otherwise fur-
orders installation of an ignition interlock nishes a motor vehicle to someone the person
GHYLFHSXUVXDQWWR256WKHFRXUW knows to have been ordered or required under
shall send a copy of the order to the Depart- 256WRLQVWDOODQLJQLWLRQLQWHUORFN
PHQWRI7UDQVSRUWDWLRQ7KHGHSDUWPHQWVKDOO device, and the motor vehicle is not equipped
note the requirement on the driving record of ZLWKVXFKDGHYLFHWKDWLVLQZRUNLQJRUGHU
WKHSHUVRQUHTXLUHGWRLQVWDOOWKHGHYLFH
(2) The offense described in this section,
(2) The department may not issue a hardship knowingly furnishing a motor vehicle without
SHUPLWXQGHU256WRDQ\SHUVRQZKR an ignition interlock device to someone who
is ordered to install an ignition interlock device is not authorized to drive such a vehicle, is a
on the person’s vehicle until the person fur- &ODVV$WUDIÀFYLRODWLRQ>F
nishes the department satisfactory proof that F@
the device has been installed on any vehicle
RZQHGRURSHUDWHGE\WKHSHUVRQ7KHGHSDUW- 813.610 Soliciting another to blow into
ment shall determine by rule what constitutes ignition interlock device; penalty. (1) A
VDWLVIDFWRU\SURRIXQGHUWKLVVXEVHFWLRQ person commits the offense of unlawfully solic-
iting another to blow into an ignition interlock
(3) When the department issues a hardship device or start a motor vehicle equipped with
permit to a person who is required to have an an ignition interlock device if the person has
ignition interlock device, the department shall such a device as a result of an order or require-
QRWHRQWKHSHUPLWWKDWWKHGHYLFHLVUHTXLUHG PHQW XQGHU 256 DQG WKH SHUVRQ
The notation constitutes a limitation on the requests or solicits another to blow into the
permit and a person who violates the limitation device or start the motor vehicle so as to cir-
LVSXQLVKDEOHDVSURYLGHGLQ256IRU FXPYHQWWKHGHYLFH
FULPLQDOGULYLQJZKLOHVXVSHQGHGRUUHYRNHG
>FFF@ (2) The offense described in this section,
unlawfully soliciting another to blow into an
813.606 Exception for employee ignition interlock device or start a motor vehi-
otherwise required to have device. Not- cle equipped with an ignition interlock device,
ZLWKVWDQGLQJ 256 LI D SHUVRQ LV LVD&ODVV$WUDIÀFYLRODWLRQ>F
required, in the course and scope of the per- F@
son’s employment, to operate a motor vehicle
owned by the person’s employer, the person 813.612 Unlawfully blowing into igni-
may operate that vehicle without installation tion interlock device; penalty. (1) A person
RIDQLJQLWLRQLQWHUORFNGHYLFHLI commits the offense of unlawfully blowing into
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
(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, E([FHSWDVSURYLGHGLQSDUDJUDSKFRI
unlawfully blowing into an ignition interlock this subsection, two years after the ending date
device or starting a motor vehicle equipped of the suspension resulting from a second or
with an ignition interlock device, is a Class A subsequent conviction; or
WUDIÀFYLRODWLRQ>F@
(c) Five years after the ending date of the
813.614 Tampering with ignition inter- longest running suspension or revocation
lock device; penalty. (1) A person commits 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 (4) A person whose driving privileges or
256WKDWFLUFXPYHQWVWKHRSHUDWLRQ right to apply for privileges is suspended
RIWKHGHYLFH under subsection (1) of this section is entitled
to administrative review, as described in ORS
(2) The offense described in this section, >FF@
tampering with an ignition interlock device,
LVD&ODVV$WUDIÀFYLRODWLRQ>F@ 813.630 Notice of ignition interlock
device installation and negative reports;
813.616 Use of certain moneys to pay for rules. (1)(a) As used in this section, “negative
ignition interlock program. Notwithstand- UHSRUWµLQFOXGHVDUHSRUWRIWDPSHULQJZLWK
LQJ256PRQH\VLQWKH,QWR[LFDWHG an ignition interlock device, unauthorized
Driver Program Fund may be used to pay for removal of an ignition interlock device, lock-
administration and evaluation of the ignition out or a test violation recorded by an ignition
LQWHUORFNSURJUDPHVWDEOLVKHGE\256 LQWHUORFNGHYLFH
WRDQGIRUWKHFRVWVRISDUWLFLSDWLRQLQ
WKHSURJUDPIRULQGLJHQWV>F (b) The Department of Transportation may
F@ E\UXOHIXUWKHUGHÀQHZKDWFRQVWLWXWHVDWHVW
YLRODWLRQ
813.620 Suspension of driving privi-
leges for failing to provide proof of device (2) This section applies only to a person who
installation or for tampering with device. has had an ignition interlock device installed
(1) At the end of the suspension or revocation as a condition of a driving while under the
resulting from a conviction for driving while LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
XQGHUWKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQ XQGHU256
RI256RURIDPXQLFLSDORUGLQDQFH (3) After an ignition interlock device is
the Department of Transportation shall sus- installed, the provider that installed the device
pend the driving privileges or right to apply VKDOOQRWLI\
for driving privileges of a person who has not
submitted proof to the department that an igni- (a) The court that required the device to
tion interlock device has been installed in any be installed or the court’s designee, including
vehicle operated by the person or who tampers but not limited to an agency or organization
with an ignition interlock device after it has FHUWLÀHGE\WKH2UHJRQ+HDOWK$XWKRULW\XQGHU
EHHQLQVWDOOHG 256DQG
6XEMHFWWR256LIWKHGHSDUW- E7KHGLVWULFWDWWRUQH\RUFLW\SURVHFXWRU
ment imposes a suspension under subsection (4) Notice of the installation must be given
(1) of this section for failing to submit proof of within seven business days of installing the
installation, the suspension continues until LJQLWLRQLQWHUORFNGHYLFH
the department receives proof that the igni-
WLRQLQWHUORFNGHYLFHKDVEHHQLQVWDOOHG,IWKH (DFKWLPHDSURYLGHUKDVDFFHVVWRDQ
department does not receive proof that the igni- ignition interlock device that the provider
tion interlock device has been installed, the installed, the provider shall download all
VXVSHQVLRQVKDOOFRQWLQXHIRU UHSRUWVUHFRUGHGRQWKHGHYLFH,IWKHSURYLGHU
downloads a negative report, the provider
(a) One year after the ending date of the shall submit the negative report, in a form
VXVSHQVLRQUHVXOWLQJIURPWKHÀUVWFRQYLFWLRQ SUHVFULEHGE\UXOHE\WKHGHSDUWPHQWWR
E([FHSWDVSURYLGHGLQSDUDJUDSKFRI (a) The court that required the device to
this subsection, two years after the ending date be installed or the court’s designee, including
of the suspension resulting from a second or but not limited to an agency or organization
subsequent conviction; or FHUWLÀHGE\WKH2UHJRQ+HDOWK$XWKRULW\XQGHU
(c) Five years after the ending date of the 256DQG
longest running suspension or revocation E7KHGLVWULFWDWWRUQH\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
NoteDQGZHUH LQÁXHQFHRILQWR[LFDQWVGLYHUVLRQDJUHHPHQW
added to and made a part of the Oregon Vehicle GHVFULEHGLQ256ZDVHQWHUHGIRU
Code by legislative action but were not added an order vacating the requirement to install
WR256FKDSWHURUDQ\VHULHVWKHUHLQ6HH and use an ignition interlock device if the
Preface to Oregon Revised Statutes for further GHIHQGDQW
H[SODQDWLRQ (a) Has complied with the condition of the
813.635 Consequence for negative GLYHUVLRQDJUHHPHQWGHVFULEHGLQ256
reports generated from ignition inter- (3) for at least six consecutive months and
lock device; rules. (1)(a) As used in this SURYLGHVDFHUWLÀFDWHWRWKHFRXUWIURPWKH
VHFWLRQ´QHJDWLYHUHSRUWµLQFOXGHVDUHSRUWRI ignition interlock device provider stating that
tampering with an ignition interlock device, the device has not recorded a negative report;
unauthorized removal of an ignition interlock and
device, lockout or a test violation recorded by (b) The defendant has entered into and is in
DQLJQLWLRQLQWHUORFNGHYLFH compliance with any treatment program that
(b) The Department of Transportation may the person is required to participate in as a
E\UXOHIXUWKHUGHÀQHZKDWFRQVWLWXWHVDWHVW FRQGLWLRQRIGLYHUVLRQ
YLRODWLRQ (3) The defendant shall cause to be served on
1RWZLWKVWDQGLQJ256E 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 GHYLFHXQGHU2567KHFRS\RIWKH
GHSDUWPHQW D FHUWLÀFDWH IURP WKH LJQLWLRQ motion shall be served on the district attorney
interlock device provider stating that the RUFLW\SURVHFXWRUDWWKHWLPHWKHPRWLRQLVÀOHG
device did not record a negative report for the ZLWKWKHFRXUW7KHGLVWULFWDWWRUQH\RUFLW\
last 90 consecutive days of the required instal- SURVHFXWRUPD\FRQWHVWWKHPRWLRQ
ODWLRQSHULRG7KHGHSDUWPHQWVKDOOUHPRYHWKH (4) The court shall hold a hearing on a peti-
ignition interlock device requirement from the WLRQÀOHGLQDFFRUGDQFHZLWKVXEVHFWLRQRI
person’s driving record as soon as practicable WKLVVHFWLRQ,QGHWHUPLQLQJZKHWKHUWRJUDQW
DIWHUWKHGHSDUWPHQWUHFHLYHVWKHFHUWLÀFDWH WKHSHWLWLRQWKHFRXUWVKDOOFRQVLGHU
,IWKHUHLVDQHJDWLYHUHSRUWGXULQJWKH (a) The nature of the underlying crime for
last 90 consecutive days, the person shall ZKLFKGULYLQJSULYLOHJHVZHUHVXVSHQGHG
continue to use an ignition interlock device
EH\RQGWKHSHULRGUHTXLUHGXQGHU256 (b) The blood alcohol content of the defen-
(1)(b) or (c), (2) or (3) until the person submits 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 LQWHUORFNGHYLFHXQGHU256LIDIWHU
RIWKHPRVWUHFHQWQHJDWLYHUHSRUW a hearing described in subsection (4) of this
VHFWLRQWKHFRXUWÀQGVE\DSUHSRQGHUDQFHRI
(4) This section does not apply to a defen- WKHHYLGHQFHWKDWWKHSHWLWLRQHU
dant who is granted an order to vacate the
requirement to install an ignition interlock (a) Has complied with the condition of the
GHYLFHXQGHU256>F@ GLYHUVLRQDJUHHPHQWGHVFULEHGLQ256
(3) for at least six consecutive months with no
Note6HHQRWHXQGHU negative reports; and
813.645 Motion to vacate requirement (b) Has entered into and is in compliance
to install and use ignition interlock with any treatment program required as a
device; rules. (1)(a) As used in this sec- FRQGLWLRQRIGLYHUVLRQ
WLRQ´QHJDWLYHUHSRUWµLQFOXGHVDUHSRUWRI
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 LQWHUORFNGHYLFHXQGHU256WKH
DQLJQLWLRQLQWHUORFNGHYLFH FRXUWVKDOOQRWLI\WKHGHSDUWPHQW>F
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(b) The Department of Transportation may
E\UXOHIXUWKHUGHÀQHZKDWFRQVWLWXWHVDWHVW Note6HHQRWHXQGHU
YLRODWLRQ
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(2) A defendant may apply by motion to
the court in which a driving while under the
Chapter 814
(',7,21
PEDESTRIANS; MOTORCYCLES; BICYCLES; SCOOTERS
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 FF@
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 approach to a bridge beyond the bridge signal,
device with a green arrow signal light may gate or barricade after a bridge operation
proceed across the roadway within any marked VLJQDOKDVEHHQJLYHQ
or unmarked crosswalk unless prohibited from (b) Passes through, around, over or under
GRLQJVRE\RWKHUWUDIÀFFRQWUROGHYLFHV 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 FF@
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 F([FHSWDVRWKHUZLVHSURYLGHGXQGHUWKH
DQGLQGLFDWLQJWKDWWKHSHGHVWULDQPD\ vehicle code, fails to yield the right of way to
proceed, the pedestrian may proceed across the DOOYHKLFOHVXSRQWKHURDGZD\
URDGZD\LQWKHGLUHFWLRQRIWKHVLJQDO
(2) The offense described in this section,
(b) A pedestrian shall not start to cross the pedestrian failure to yield to a vehicle, is a
roadway in the direction of a signal showing &ODVV'WUDIÀFYLRODWLRQ>F
D´:DLWµRU´'RQ·W:DONµRUDQ\RWKHUV\PERO F@
DSSURYHGXQGHU256DQGLQGL-
FDWLQJWKDWWKHSHGHVWULDQPD\QRWSURFHHG$ 814.050 Failure to yield to ambulance
pedestrian who has started crossing a road- or emergency vehicle; penalty. (1) A pedes-
ZD\RQDVLJQDOVKRZLQJ´:DONµRUDQ\RWKHU trian commits the offense of pedestrian failure
approved symbol to proceed shall proceed with to yield to an ambulance or emergency vehicle
dispatch to a sidewalk or safety island while if the pedestrian does not yield the right of way
DVLJQDOLVVKRZLQJ´:DLWµRU´'RQ·W:DONµRU WR
any other approved symbol indicating not to (a) An ambulance used in an emergency
SURFHHG>FF@ situation; or
)DLOXUHWRREH\WUDIÀFFRQWURO (b) An emergency vehicle or an ambulance
device; penalty. (1) A pedestrian commits upon the approach of the vehicle using a visual
WKHRIIHQVHRISHGHVWULDQIDLOXUHWRREH\WUDIÀF signal or audible signal or both according to
control devices if the pedestrian does any of the UHTXLUHPHQWVXQGHU256RU
IROORZLQJ
(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>FF 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 D7KHSHGHVWULDQGRHVQRWFUHDWHDWUDIÀF
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 FFF
FFF@
(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
(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>FF
XQODZIXOKLWFKKLNLQJLVD&ODVV'WUDIÀFYLR- FF@
ODWLRQ>FF@
814.090>FF PASSENGERS
FUHSHDOHGE\F@ 814.130 Passenger obstruction of
814.092>FUHSHDOHGE\ 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>FF@
(2) This section is only applicable if the live- lane with a vehicle if the operator does any of
stock is an animal of the species of horses, WKHIROORZLQJ
PXOHVGRQNH\VFDWWOHVZLQHVKHHSRUJRDWV (a) Overtakes and passes in the same lane
(3) The offense described in this section, occupied by the vehicle the operator is over-
failure to perform duties of a person in charge taking, unless the vehicle being passed is a
RIOLYHVWRFNRQDKLJKZD\LVD&ODVV%WUDIÀF PRWRUF\FOHRUDPRSHG
YLRODWLRQ>F@ (b) Operates a moped or motorcycle between
ODQHVRIWUDIÀFRUEHWZHHQDGMDFHQWOLQHVRU
MOPEDS AND MOTORCYCLES URZVRIYHKLFOHV
814.200 Unlawful operation of motorcy- (2) This section does not apply to a police
cle or moped; penalty. (1) A person operating RIÀFHULQWKHSHUIRUPDQFHRIRIÀFLDOGXWLHV
a moped or motorcycle commits the offense of (3) The offense described in this section,
unlawful moped or motorcycle operation if the motorcycle or moped unlawful passing in a
SHUVRQ ODQHZLWKDYHKLFOHLVD&ODVV%WUDIÀFYLROD-
(a) Fails to sit astride, or to stand astride, WLRQ>F@
the moped or motorcycle seat while facing for- 814.250 Moped or motorcycle operat-
ward; or ing more than two abreast; penalty. (1)
(b) Carries a package, bundle or other article A person commits the offense of operating a
that prevents the person from keeping both moped or motorcycle more than two abreast if
KDQGVRQWKHKDQGOHEDUV the person is operating a moped or motorcycle
RQDURDGZD\ODQHGIRUWUDIÀFDQGWKHSHUVRQLV
(2) The offense described in this section, riding abreast of more than one other motor-
unlawful moped or motorcycle operation, is F\FOHRUPRSHGLQWKHVDPHODQHIRUWUDIÀF
D&ODVV%WUDIÀFYLRODWLRQ>F
FF@ (2) The offense described in this section,
moped or motorcycle operating more than two
814.210 Operation of moped on side- DEUHDVWLVD&ODVV%WUDIÀFYLRODWLRQ>
walk or bicycle trail; penalty. (1) A person F@
commits the offense of operation of a moped on
a sidewalk or bicycle trail if the person operates 814.260 Failure of moped operator to
a moped upon a sidewalk, a bicycle path or a wear motorcycle helmet; penalty. (1) A
ELF\FOHODQH 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 ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
@ OLVKHGXQGHU256
814.220 Motorcyclist clinging to (3) This section does not permit passen-
another vehicle; penalty. (1) A person JHUVRQPRSHGVLQYLRODWLRQRI256
commits the offense of motorcyclist clinging RU
to another vehicle if the person is riding upon a
motorcycle that is not disabled and being towed (4) The offense described in this section,
and the person attaches a part of the person’s failure of a moped rider to wear a motorcycle
self or the motorcycle to any other vehicle on KHOPHWLVD&ODVV'WUDIÀFYLRODWLRQ>
DURDGZD\ FFF
F@
(2) The offense described in this section,
motorcyclist clinging to another vehicle, is a 814.269 Failure of motorcycle opera-
&ODVV%WUDIÀFYLRODWLRQ>F tor to wear motorcycle helmet; penalty.
FF@ (1) A person commits the offense of failure of
a motorcycle operator to wear a motorcycle
814.230 Moped operator or rider cling- helmet if the person operates a motorcycle
ing to other vehicle; penalty. (1) A person DQGLVQRWZHDULQJDPRWRUF\FOHKHOPHW
commits the offense of moped operator or
rider clinging to another vehicle if the person ([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE-
is riding upon or operating a moped and the OLVKHGLQ256
person clings to another vehicle upon a road- (3) The offense described in this section,
way or attaches the moped to any other vehicle failure of a motorcycle operator to wear a
XSRQDURDGZD\ PRWRUF\FOHKHOPHWLVD&ODVV'WUDIÀFYLROD-
(2) The offense described in this section, WLRQ>FF@
moped operator or rider clinging to another 814.270>FF
YHKLFOHLVD&ODVV'WUDIÀFYLRODWLRQ> UHSHDOHGE\F@
F@
814.275 Failure of motorcycle passen-
814.240 Motorcycle or moped unlawful ger to wear motorcycle helmet; penalty.
passing; penalty. (1) A motorcycle operator (1) A person commits the offense of failure of
or moped operator commits the offense of a motorcycle passenger to wear a motorcycle
motorcycle or moped unlawful passing in a
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 7KLVVHFWLRQGRHVQRWDSSO\ZKHQVSHFLÀF
(3) The offense described in this section, exceptions with respect to parked vehicles are
failure of a motorcycle passenger to wear a PDGHXQGHU256
PRWRUF\FOHKHOPHWLVD&ODVV'WUDIÀFYLROD- (4) A court may dismiss, without penalty,
WLRQ>FFF any charge for violation of this section if the
@ FRXUWGHWHUPLQHVWKDW
814.280 Endangering motorcycle pas- (a) The violation was caused by a malfunc-
senger; penalty. (1) A person commits the tion of equipment; and
offense of endangering a motorcycle passenger (b) The equipment that malfunctioned and
if the person is operating a motorcycle and the caused the violation has been repaired or
person carries another person on the motorcy- UHSODFHG
FOHZKRLVQRWZHDULQJDPRWRUF\FOHKHOPHW
(5) The offense described in this section, fail-
([HPSWLRQVIURPWKLVVHFWLRQDUHHVWDE- ure to display lighted headlights on a moped
OLVKHGXQGHU256 RUPRWRUF\FOHDWDOOWLPHVLVD&ODVV%WUDIÀF
(3) The offense described in this section, YLRODWLRQ>FF@
endangering a motorcycle passenger, is a Class 814.325 Carrying passenger on motor-
'WUDIÀFYLRODWLRQ>FF cycle; penalty. (1) A person commits the
F@ offense of unlawfully carrying a passenger
814.290 Exemptions from motorcycle on a motorcycle if the person does any of the
helmet requirements. This section estab- IROORZLQJ
lishes exemptions from the requirements and (a) Carries on a motorcycle a person who is
penalties relating to the use of motorcycle hel- not seated on a permanent and regular seat, if
PHWVXQGHU256WR$SHUVRQ the motorcycle is designed to carry more than
LVQRWLQYLRODWLRQRI256 one person, or upon another seat attached to
RULIWKHSHUVRQLVDQ\RIWKH the motorcycle at the rear or side of the oper-
IROORZLQJ DWRU·VVHDW
:LWKLQDQHQFORVHGFDE (b) Carries a person in a position that
(2) Operating or riding a vehicle designed interferes with the operation or control of the
to travel with three wheels in contact with the PRWRUF\FOHRUWKHRSHUDWRU·VYLHZ
JURXQGDWVSHHGVRIOHVVWKDQPLOHVSHUKRXU (c) Carries a person, other than in a sidecar
>FFF@ or enclosed cab, on a motorcycle with no foot-
814.300>FUHSHDOHGE\ UHVWVIRUWKDWSHUVRQ
F@ (2) The offense described in this section,
814.310 Illegal alteration of moped; pen- unlawfully carrying a passenger on a motor-
alty. (1) A person commits the offense of illegal F\FOHLVD&ODVV%WUDIÀFYLRODWLRQ>F
alteration of a moped if the person alters or @
PRGLÀHVLQDQ\PDQQHUDYHKLFOHUHJLVWHUHG 814.330 Carrying passenger on moped;
LQWKLVVWDWHVRWKDW penalty. (1) A person commits the offense of
(a) The displacement of the engine is unlawfully carrying a passenger on a moped
increased beyond that allowable for a moped if the person operates a moped on any highway
XQGHU256RU RIWKLVVWDWHZLWKDSDVVHQJHURQWKHPRSHG
(b) The vehicle is capable of moving, unas- (2) The offense described in this section,
sisted, at a speed of more than 30 miles per unlawfully carrying a passenger on a moped, is
KRXURQDOHYHOURDGVXUIDFH D&ODVV'WUDIÀFYLRODWLRQ>)RUPHUO\@
(2) The offense described in this section, 814.340 Riding as passenger on moped;
illegal alteration of a moped, is a Class C traf- penalty. (1) A person commits the offense of
ÀFYLRODWLRQ>FF unlawfully riding as a passenger on a moped
F@ if the person rides any moped as a passenger
814.320 Failure to display lighted head- RQDKLJKZD\RIWKLVVWDWH
lights; exceptions; penalty. (1) A person (2) The offense described in this section,
commits the offense of failure to display unlawfully riding as a passenger on a moped, is
lighted headlights on a moped or motorcycle D&ODVV'WUDIÀFYLRODWLRQ>)RUPHUO\@
at all times, if the person operates a moped or
motorcycle and does not display lights and illu-
PLQDWHGGHYLFHVVSHFLÀHGXQGHU256 BICYCLES
DQGDWDOOWLPHVWKHPRWRUF\FOHRU 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
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) A person is not in violation of the offense
under this section if the person is able to safely
(3) The provisions of the vehicle code relat- move out of the bicycle lane or path for the
ing to the operation of bicycles do not relieve a SXUSRVHRI
bicyclist or motorist from the duty to exercise
GXHFDUH>FF@ (a) Overtaking and passing another bicycle,
a vehicle or a pedestrian that is in the bicycle
814.405 Status of electric assisted lane or path and passage cannot safely be made
bicycle. An electric assisted bicycle shall be LQWKHODQHRUSDWK
considered a bicycle, rather than a motor vehi-
cle, for purposes of the Oregon Vehicle Code, (b) Preparing to execute a left turn at an
H[FHSWZKHQRWKHUZLVHVSHFLÀFDOO\SURYLGHG LQWHUVHFWLRQRULQWRDSULYDWHURDGRUGULYHZD\
E\VWDWXWH>F@ (c) Avoiding debris or other hazardous
814.410 Unsafe operation of bicycle on FRQGLWLRQV
sidewalk; penalty. (1) A person commits the (d) Preparing to execute a right turn where
offense of unsafe operation of a bicycle on a DULJKWWXUQLVDXWKRUL]HG
VLGHZDONLIWKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
(e) Continuing straight at an intersection
(a) Operates the bicycle so as to suddenly where the bicycle lane or path is to the right
leave a curb or other place of safety and move of a lane from which a motor vehicle must turn
into the path of a vehicle that is so close as to ULJKW
FRQVWLWXWHDQLPPHGLDWHKD]DUG
(4) The offense described in this section,
(b) Operates a bicycle upon a sidewalk and failure to use a bicycle lane or path, is a Class
does not give an audible warning before over- 'WUDIÀFYLRODWLRQ>FF
taking and passing a pedestrian and does not F@
yield the right of way to all pedestrians on the
VLGHZDON 814.430 Improper use of lanes; excep-
tions; penalty. (1) A person commits the
(c) Operates a bicycle on a sidewalk in a offense of improper use of lanes by a bicycle if
careless manner that endangers or would be the person is operating a bicycle on a roadway
OLNHO\WRHQGDQJHUDQ\SHUVRQRUSURSHUW\ DWOHVVWKDQWKHQRUPDOVSHHGRIWUDIÀFXVLQJ
(d) Operates the bicycle at a speed greater the roadway at that time and place under the
than an ordinary walk when approaching or existing conditions and the person does not
entering a crosswalk, approaching or crossing ride as close as practicable to the right curb
a driveway or crossing a curb cut or pedestrian RUHGJHRIWKHURDGZD\
ramp and a motor vehicle is approaching the (2) A person is not in violation of the offense
crosswalk, driveway, curb cut or pedestrian under this section if the person is not operating
UDPS7KLVSDUDJUDSKGRHVQRWUHTXLUHUHGXFHG a bicycle as close as practicable to the right
speeds for bicycles at places on sidewalks or curb or edge of the roadway under any of the
other pedestrian ways other than places where IROORZLQJFLUFXPVWDQFHV
WKH SDWK IRU SHGHVWULDQV RU ELF\FOH WUDIÀF
approaches or crosses that for motor vehicle (a) When overtaking and passing another
WUDIÀF bicycle or vehicle that is proceeding in the same
GLUHFWLRQ
(e) Operates an electric assisted bicycle on
DVLGHZDON E:KHQSUHSDULQJWRH[HFXWHDOHIWWXUQ
([FHSWDVRWKHUZLVHVSHFLÀFDOO\SUR- (c) When reasonably necessary to avoid haz-
vided by law, a bicyclist on a sidewalk or in a ardous conditions including, but not limited
crosswalk has the same rights and duties as WRÀ[HGRUPRYLQJREMHFWVSDUNHGRUPRYLQJ
DSHGHVWULDQRQDVLGHZDONRULQDFURVVZDON vehicles, bicycles, pedestrians, animals, sur-
face hazards or other conditions that make
(3) The offense described in this section, continued operation along the right curb or
unsafe operation of a bicycle on a sidewalk, is edge unsafe or to avoid unsafe operation in
D&ODVV'WUDIÀFYLRODWLRQ>F a lane on the roadway that is too narrow for
FFF@ a bicycle and vehicle to travel safely side by
814.420 Failure to use bicycle lane or VLGH1RWKLQJLQWKLVSDUDJUDSKH[FXVHVWKH
path; exceptions; penalty. ([FHSWDVSUR- operator of a bicycle from the requirements
vided in subsections (2) and (3) of this section,
(a) Operates the motor assisted scooter so as article that prevents the person from keeping
to suddenly leave a curb or other place of safety at least one hand upon the handlebars and
and move into the path of a vehicle that is so KDYLQJIXOOFRQWURODWDOOWLPHV
FORVHDVWRFRQVWLWXWHDQLPPHGLDWHKD]DUG (2) The offense described in this section,
(b) Does not give an audible warning before operating a motor assisted scooter with an
overtaking and passing a pedestrian or does XQODZIXOORDGLVD&ODVV'WUDIÀFYLRODWLRQ
not yield the right of way to all pedestrians on >F@
WKHVLGHZDON 814.534 Failure of motor assisted
(c) Operates the motor assisted scooter in a scooter operator to wear protective
careless manner that endangers or would be headgear; exception; penalty. (1) A person
OLNHO\WRHQGDQJHUDQ\SHUVRQRUSURSHUW\ commits the offense of failure of a motor
(d) Operates the motor assisted scooter assisted scooter operator to wear protective
at a speed greater than an ordinary walk headgear if the person operates a motor
when approaching a crosswalk, approaching assisted scooter on a highway or on premises
or entering a driveway or crossing a curb cut open to the public and is not wearing protec-
or pedestrian ramp and a motor vehicle is tive headgear of a type approved under ORS
approaching the crosswalk, driveway, curb
FXWRUSHGHVWULDQUDPS (2) A person is exempt from the protective
(2) The offense described in this section, headgear requirement of subsection (1) of this
unsafe operation of a motor assisted scooter section if wearing the headgear would violate
RQDVLGHZDONLVD&ODVV'WUDIÀFYLRODWLRQ DUHOLJLRXVEHOLHIRUSUDFWLFHRIWKHSHUVRQ
>F@ 7KHÀUVWWLPHDSHUVRQLVFRQYLFWHGRIDQ
814.526 Unsafe operation of motor offense under this section, the person may not
assisted scooter on bicycle path or lane; EHUHTXLUHGWRSD\DÀQHLIWKHSHUVRQSURYHVWR
penalty. (1) A person commits the offense of the satisfaction of the court that the person has
unsafe operation of a motor assisted scooter protective headgear of a type approved under
on a bicycle path or bicycle lane if the person 256
operates a motor assisted scooter on a bicycle (4) The offense described in this section,
path or bicycle lane and does not give an audi- failure of a motor assisted scooter operator
ble warning before overtaking and passing a WRZHDUSURWHFWLYHKHDGJHDULVDVSHFLÀFÀQH
pedestrian or does not yield the right of way WUDIÀFYLRODWLRQ7KHSUHVXPSWLYHÀQHIRUIDLO-
to all pedestrians on the bicycle path or bicycle ure of a motor assisted scooter operator to wear
ODQH SURWHFWLYHKHDGJHDULV>F
(2) The offense described in this section, F@
unsafe operation of a motor assisted scooter 814.536 Endangering motor assisted
on a bicycle path or bicycle lane, is a Class D scooter operator; penalty. (1) A person
WUDIÀFYLRODWLRQ>F@ commits the offense of endangering a motor
814.528 Operation of motor assisted assisted scooter operator if the person is the
scooter in crosswalk; exception; penalty. parent, legal guardian or person with legal
(1) A person commits the offense of operation of responsibility for the safety and welfare of a
a motor assisted scooter in a crosswalk if the FKLOGXQGHU\HDUVRIDJHDQGDXWKRUL]HVRU
person fails to walk the motor assisted scooter knowingly permits the child to operate a motor
LQDFURVVZDON DVVLVWHGVFRRWHULQYLRODWLRQRI256
D
(2) This section does not apply to a person
with a disability operating a motor assisted (2) The offense described in this section,
VFRRWHULQDFURVVZDON endangering a motor assisted scooter oper-
DWRULVDVSHFLÀFÀQHWUDIÀFYLRODWLRQ7KH
(3) The offense described in this section, SUHVXPSWLYH ÀQH IRU HQGDQJHULQJ D PRWRU
operation of a motor assisted scooter in a cross- DVVLVWHGVFRRWHURSHUDWRULV>F
ZDONLVD&ODVV'WUDIÀFYLRODWLRQ>F F@
F@
814.530 Carrying passenger on motor ELECTRIC PERSONAL ASSISTIVE
assisted scooter; penalty. (1) A person com- MOBILITY DEVICES
mits the offense of carrying a passenger on a
motor assisted scooter if the person operates 814.550 Application of vehicle laws
a motor assisted scooter and carries another to electric personal assistive mobility
SHUVRQRQWKHPRWRUDVVLVWHGVFRRWHU device. (1) An electric personal assistive
mobility device is not a motor vehicle for pur-
(2) The offense described in this section, car- poses of the Oregon Vehicle Code, except when
rying a passenger on a motor assisted scooter, VSHFLÀFDOO\SURYLGHGE\VWDWXWH
LVD&ODVV'WUDIÀFYLRODWLRQ>F@
(2) A person operating an electric personal
814.532 Operating motor assisted assistive mobility device on a bicycle lane, bicy-
scooter with unlawful load; penalty. (1) cle path or any part of a highway is subject to
A person commits the offense of operating a any provisions applicable to and has the same
motor assisted scooter with an unlawful load if rights and duties as the driver of a bicycle when
the person is operating a motor assisted scooter operating on a bicycle lane, bicycle path or any
and the person carries a package, bundle or
part of a highway, except when otherwise spe- ramp and a motor vehicle is approaching the
FLÀFDOO\SURYLGHGE\VWDWXWH crosswalk, driveway, curb cut or pedestrian
(3) A person operating an electric personal ramp; or
assistive mobility device on a sidewalk is sub- (f) The person is operating an electric per-
ject to any provisions applicable to and has the sonal assistive mobility device on a sidewalk
same rights and duties as a pedestrian on a and does not give an audible warning before
VLGHZDONH[FHSWZKHQRWKHUZLVHVSHFLÀFDOO\ overtaking and passing a pedestrian and does
SURYLGHGE\VWDWXWH not yield the right of way to all pedestrians on
(4) Subject to the provisions of subsections WKHVLGHZDON
(1) to (3) of this section, for purposes of the (2) The offense described in this section,
YHKLFOHFRGH unsafe operation of an electric personal
(a) An electric personal assistive mobility DVVLVWLYHPRELOLW\GHYLFHLVD&ODVV'WUDIÀF
device is a vehicle; and YLRODWLRQ>F@
E:KHQWKHWHUP´YHKLFOHµLVXVHGWKHWHUP 814.554 Local government and state
shall be deemed to be applicable to electric per- agency regulation of operation of elec-
sonal assistive mobility devices, except those tric personal assistive mobility devices.
provisions that by their very nature can have Local governments and state agencies having
QRDSSOLFDWLRQWRWKHGHYLFHV jurisdiction over public highways, sidewalks,
alleys, bridges, trails, recreational roads and
(5) The provisions of the vehicle code relat- other ways of public passage may regulate by
ing to the operation of an electric personal RUGLQDQFHRUUXOHDQGE\WUDIÀFFRQWUROGHYLFH
assistive mobility device do not relieve an the time, place and manner of operation of
operator or motorist from the duty to exercise electric personal assistive mobility devices,
GXHFDUH>F@ LQFOXGLQJSURKLELWLQJWKHLUXVHHQWLUHO\>
814.552 Unsafe operation of electric F@
personal assistive mobility device; pen-
alty. (1) A person commits the offense of unsafe NONMOTORIZED VEHICLES
operation of an electric personal assistive OTHER THAN BICYCLES
PRELOLW\GHYLFHLI
814.600 Failure of skateboarder, scooter
(a) The person is operating an electric per- rider or in-line skater to wear protective
sonal assistive mobility device on a highway headgear; penalty. (1) A person commits the
that has a designated or posted speed limit offense of failure of a skateboarder, scooter
greater than 35 miles per hour or that has rider or in-line skater to wear protective head-
no designated or posted speed limit, and the JHDULIWKHSHUVRQLVXQGHU\HDUVRIDJH
person is not in a bicycle lane or crossing the rides on a skateboard or scooter or uses in-line
highway; skates on a highway or on premises open to the
(b) The person is operating an electric per- public and is not wearing protective headgear
sonal assistive mobility device on a bicycle RIDW\SHDSSURYHGXQGHU256
lane, bicycle path or any part of a highway at (2) The offense described in this section, fail-
a speed greater than 15 miles per hour; ure of a skateboarder, scooter rider or in-line
(c) The person is operating an electric per- VNDWHUWRZHDUSURWHFWLYHKHDGJHDULVDVSHFLÀF
sonal assistive mobility device on a sidewalk ÀQHWUDIÀFYLRODWLRQSXQLVKDEOHE\DPD[LPXP
in a careless manner that endangers or would ÀQHRI7KHSUHVXPSWLYHÀQHIRUIDLOXUHRI
be likely to endanger any person or property; a skateboarder, scooter rider or in-line skater
WRZHDUSURWHFWLYHKHDGJHDULV>F
(d) The person is operating an electric per- F@
sonal assistive mobility device on a bicycle
lane, bicycle path, sidewalk or other prem- NoteZDVHQDFWHGLQWRODZE\WKH
ises open to the public and the person carries Legislative Assembly but was not added to or
another person on the electric personal assis- made a part of the Oregon Vehicle Code or any
tive mobility device; FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
(e) The person is operating an electric IXUWKHUH[SODQDWLRQ
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
Chapter 815
(',7,21
VEHICLE EQUIPMENT GENERALLY
(Motorized Wheelchairs)
815.282 Operating motorized wheelchair on
bicycle lane without proper lighting
equipment
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 FFF
by the federal government and to the current FFF@
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
>FF 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
>FFF 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
legible when the belt, harness, child safety (3) The offense described in this section,
system, anchor or other device is used or replacement of vehicle windows with unap-
LQVWDOOHGRQDYHKLFOH7KLVSDUDJUDSKDSSOLHV SURYHGPDWHULDOLVD&ODVV$PLVGHPHDQRU
only to belts, harnesses, child safety systems, >FF@
anchors or devices for use or installation on a 815.095 Unlawful sales, installations
vehicle that is primarily designed for trans- or representations concerning pollution
SRUWDWLRQRILQGLYLGXDOV control systems; penalty. (1) A person com-
G,QVWDOOVDQ\VDIHW\EHOWVDIHW\KDUQHVV mits the offense of making unlawful sales of,
child safety system, anchor or other device installations of or representations concerning
for attaching or securing safety belts, safety vehicle pollution control systems if the person
harnesses or child safety systems on a vehicle GRHVDQ\RIWKHIROORZLQJ
that is primarily designed for the transporta- (a) Sells, displays, advertises or represents
tion of individuals except in compliance with DVDFHUWLÀHGV\VWHPDQ\PRWRUYHKLFOHSROOX-
rules adopted by the department under ORS WLRQFRQWUROV\VWHPWKDWLVQRWFHUWLÀHGXQGHU
256$
(2) This section does not apply to school E,QVWDOOVRUVHOOVIRULQVWDOODWLRQXSRQD
buses or school activity vehicles that are sub- motor vehicle any motor vehicle pollution con-
ject to equipment standards adopted by the WUROV\VWHPIRUZKLFKDFHUWLÀFDWHRIDSSURYDO
6WDWH%RDUGRI(GXFDWLRQRUWKHJRYHUQLQJ KDVQRWEHHQLVVXHGXQGHU256$
board of a public university listed in ORS
(2) The offense described in this section,
making unlawful sales, installations or repre-
(3) The offense described in this section, sentations concerning vehicle pollution control
providing a safety belt, harness equipment or systems, is a Class A misdemeanor but each
a child safety system that does not comply with day of violation does not constitute a separate
VWDQGDUGVLVD&ODVV&WUDIÀFYLRODWLRQ> RIIHQVH>FF@
FFF
FFF 815.097 Providing vehicle with mercury
FFF@ light switch. A person commits the offense of
providing a vehicle with a mercury light switch
815.085 Servicing with or selling unap- if the person sells or offers for sale in this state
SURYHGEUDNHÁXLGSHQDOW\(1) A person DYHKLFOHPDQXIDFWXUHGDIWHU-DQXDU\
commits the offense of servicing with or selling that contains a mercury light switch mounted
XQDSSURYHGEUDNHÁXLGLIWKHSHUVRQGRHVDQ\ RQWKHKRRGRUWUXQN>F@
RIWKHIROORZLQJ
(a) Distributes, has for sale, offers for sale
RUVHOOVDQ\K\GUDXOLFEUDNHÁXLGRUDQ\RWKHU OPERATING WITH UNLAWFUL
liquid medium through which force is trans- EQUIPMENT
mitted to the brakes in the hydraulic brake 815.100 Operation of vehicle that vio-
V\VWHPRIDYHKLFOHLIWKHÁXLGRUOLTXLGGRHVQRW lates equipment rules; penalty. (1) A person
FRPSO\ZLWKWKHVWDQGDUGVVSHFLÀFDWLRQVDQG commits the offense of operation of a vehicle
labeling established by rule by the Department that violates state equipment administrative
RI7UDQVSRUWDWLRQXQGHU256 rules if the person drives or moves on any high-
(b) Services any vehicle with any hydraulic way or owns and causes or knowingly permits
EUDNHÁXLGRUDQ\RWKHUOLTXLGPHGLXPWKURXJK to be driven or moved on any highway a vehicle
which force is transmitted to the brakes in the LIWKHYHKLFOHRUDQ\HTXLSPHQWRQWKHYHKLFOH
K\GUDXOLFEUDNHV\VWHPRIDYHKLFOHLIWKHÁXLG (a) Does not conform to standards estab-
or liquid does not comply with the standards, lished by the Department of Transportation
VSHFLÀFDWLRQVDQGODEHOLQJHVWDEOLVKHGE\UXOH E\UXOHXQGHU256DQG
E\WKHGHSDUWPHQWXQGHU256
(b) Does not bear thereon proof of certi-
(2) The offense described in this section, ÀFDWLRQWKDWLWFRPSOLHVZLWKWKHDSSOLFDEOH
servicing with or selling unapproved brake VWDQGDUGV
ÁXLGLVD&ODVV$PLVGHPHDQRU>F
@ 3URRIRIFHUWLÀFDWLRQUHTXLUHGXQGHUWKLV
section may be made in any manner provided
815.090 Replacement of vehicle win- XQGHU256
dows with unapproved material; penalty.
(1) A person commits the offense of replacement (3) This section is subject to the exemp-
of vehicle windows with unapproved material if tions from this section established under ORS
the person makes or procures the replacement
of windows or windshields in a motor vehicle (4) Vehicle equipment standards established
and the replacement is made with a material E\UXOHXQGHU256VXSHUVHGHDQ\
that does not meet the standards established other equipment standards under the vehicle
by the Department of Transportation under FRGHZKHQVRSURYLGHGE\256
256
(5) The offense described under this sec-
(2) This section does not apply to vehicles tion, operation of vehicle that violates state
WKDWDUHH[HPSWXQGHU256IURPWKH equipment administrative rules, is a Class C
prohibitions against operating a vehicle with- WUDIÀFYLRODWLRQ>FF
RXWDSSURYHGPDWHULDOVLQWKHYHKLFOHZLQGRZV F@
815.105 Exemptions from equipment if the exhaust is discharged away from the
requirements. This section establishes vehicle and from a location to the rear of the
H[HPSWLRQVIURP256DQG UHDUHGJHRIWKHIURQWGRRURIWKHYHKLFOH
([HPSWLRQVXQGHUWKLVVHFWLRQDUHLQDGGLWLRQ (2) The vehicle is maintained in safe operat-
WRDQ\H[HPSWLRQVXQGHU256([HPS- LQJFRQGLWLRQ>FF@
tions under this section are partial or complete
DVGHVFULEHGLQWKHIROORZLQJ 815.109 Exemption from equipment
requirements for racing activity vehicles.
(1) Vehicles of special interest that are regis- A racing activity vehicle is exempt from vehicle
WHUHGXQGHU256DUHGHHPHGWRFRPSO\ HTXLSPHQWUHTXLUHPHQWVXQGHU256
ZLWK256DQGLI DQGLIDOORI
(a) The vehicles are equipped with original WKHIROORZLQJDSSO\
manufacturer’s equipment and accessories, or (1) The vehicle is equipped with original
their equivalent, and are maintained in safe manufacturer’s equipment and accessories or
operating condition; or their equivalent; and
(b) The vehicles are street rods that conform (2) The vehicle is maintained in safe oper-
WR256 DWLQJFRQGLWLRQ>F@
(2) Road machinery, road rollers, implements
of husbandry, farm trailers and farm tractors
DUHH[HPSWIURP256DQG SPECIFIC EQUIPMENT
$ ,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 that include two separate means of applying
or in a manner not in conformity with ORS WKHEUDNHV(DFKRIWKHVHSDUDWHPHDQVRI
RU applying the brakes shall be effective to apply
(b) Displays a slow-moving vehicle emblem the brakes to at least two wheels and, if the
on a highway when not required under ORS separate means of applying the brakes are
connected in any way, shall be so constructed
that failure of any one part of the operating
(2) This section is subject to exemptions frommechanism shall not leave the motor vehicle
WKLVVHFWLRQHVWDEOLVKHGXQGHU256 ZLWKRXWEUDNHVRQDWOHDVWWZRZKHHOV
(3) The offense described in this section, (3) A combination of vehicles that includes
violation of slow-moving vehicle emblem a motor vehicle and any other vehicle shall be
UHTXLUHPHQWVLVD&ODVV&WUDIÀFYLRODWLRQ equipped with a brake system on one or more
>FFF RIWKHYHKLFOHV
@
(4) Brakes on any vehicle must be adequate
815.120 Exemptions from emblem to control movement of and to stop and to hold
requirements. This section establishes WKHYHKLFOHRUFRPELQDWLRQRIYHKLFOHV
exemptions from the requirements of ORS
DQG7KHH[HPSWLRQVXQGHU (5) Brakes on any vehicle must be main-
this section are in addition to any exemptions 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>FF (7) Brakes on vehicles of the following
FF@ 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>FF@
815.130 Improper brakes; penalty. (1) A (2) Traction tires or chains that are referred
person commits the offense of having improper to in this section are those established by
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 (3) This section does not apply to vehicles
UHTXLUHPHQWVXQGHU256 H[HPSWHGIURPWKLVVHFWLRQXQGHU256
(b) Owns a vehicle and causes or knowingly (4) This section only applies to sections of
permits the vehicle to be driven or moved on highway on which a road authority requires
any highway when the vehicle is not equipped the use of traction tires or chains and on which
with brakes that meet the requirements under signs requiring the use of traction tires or
256 chains have been posted as provided in ORS
(2) This section is subject to the exemp-
tions from this section established under ORS $FRXUWVKDOOQRWÀQGDSHUVRQWREHLQ
violation of the offense described under this
(3) The offense described in this section, section if the court determines that the con-
LPSURSHUEUDNHVLVD&ODVV&WUDIÀFYLRODWLRQ ditions of the highway at the time the person
>FF@ was cited did not require posting under rules
DGRSWHGXQGHU2567KHGHIHQVHXQGHU
([HPSWLRQVIURPEUDNHUHTXLUH- WKLVVXEVHFWLRQPD\EHDIÀUPDWLYHO\DVVHUWHG
PHQWV7KLVVHFWLRQHVWDEOLVKHVH[HPSWLRQV by any person cited for violation of the offense
IURP2567KHH[HPSWLRQVXQGHUWKLV GHVFULEHGLQWKLVVHFWLRQ
section are in addition to any exemptions under
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
FF@
(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([FHSWDVSURYLGHGLQVXEVHFWLRQRI 3ROLFHYHKLFOHVXQGHUDQ\FRQGLWLRQV
this section, vehicles of special interest that )LUHYHKLFOHVZKHQUHVSRQGLQJWRDÀUH
DUHUHJLVWHUHGXQGHU256 (3) An ambulance when responding to an
(b) Antique vehicles that are registered HPHUJHQF\
XQGHU256 (4) A passenger vehicle or truck is not
(2) Vehicles of special interest that are 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
D5RDGPDFKLQHU\ G,VHTXLSSHGZLWKWLUHVRQDOOZKHHOVWKDW
DUHYHKLFOHWUDFWLRQWLUHVDVGHÀQHGLQ256
E5RDGUROOHUV
F)DUPWUDFWRUV H,VQRWWRZLQJDQRWKHUYHKLFOHRWKHUWKDQ
G (OHFWULF SHUVRQDO DVVLVWLYH PRELOLW\ as may be necessary to remove disabled vehi-
GHYLFHV>FF cles from the roadway; and
FFF@ I,VQRWEHLQJRSHUDWHGLQDPDQQHURU
under conditions where the vehicle loses trac-
(Tires) WLRQZKLOHVWRSSLQJFRUQHULQJRUPRYLQJ
815.140 Failure to use vehicle trac- (5) Vehicles exempt by rule under ORS
tion tires or chains; penalty. (1) A person >FF@
commits the offense of failure to use vehicle
traction tires or chains if the person drives or 815.150>FF
moves or owns and causes or knowingly per- FFUHSHDOHGE\
mits to be driven or moved any motor vehicle FDQGF@
or trailer on any highway if the highway is 815.155 Unlawful use of device with-
posted showing conditions that require vehicle out wheels; exemptions; civil liability;
traction tires or chains and the vehicle is not penalty. (1) A person commits the offense of
equipped with vehicle traction tires or chains unlawful use of devices without wheels if the
WKDWDUHUHTXLUHGIRUWKHSRVWHGFRQGLWLRQV SHUVRQGRHVDQ\RIWKHIROORZLQJ
(a) Drives or moves on a highway any sled or any block, stud, cleat, bead, chain or other pro-
other device that does not move exclusively on WXEHUDQFHRIPHWDORURWKHULQÁH[LEOHPDWHULDO
revolving wheels or rotating tracks in contact that projects beyond the tread or traction sur-
with the surface of the highway and that has IDFHRIWKHWLUH
DORDGHGZHLJKWLQH[FHVVRISRXQGV (b) Owns a vehicle and causes or permits
(b) Owns a sled or other device that does the vehicle to be driven or moved on a high-
not move exclusively on revolving wheels or way when the vehicle is equipped with any tire
rotating tracks in contact with the surface of having on its periphery any block, stud, cleat,
the highway and that has a loaded weight in bead, chain or other protuberance of metal or
excess of 500 pounds and causes or permits RWKHULQÁH[LEOHPDWHULDOWKDWSURMHFWVEH\RQG
the sled or device to be driven or moved on a WKHWUHDGRUWUDFWLRQVXUIDFHRIWKHWLUH2SHU-
KLJKZD\2SHUDWLRQRIDQ\VOHGRUGHYLFHLQ ation of any vehicle in violation of this section
violation of this section is prima facie evidence is prima facie evidence that the owner of the
that the owner of the sled or device caused or vehicle caused or permitted the vehicle to be
permitted the sled or device to be so operated so operated and the owner shall be liable for
and the owner shall be liable for any penalties any penalties imposed under subsection (4) of
LPSRVHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ WKLVVHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(2) The application of this section is subject (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, XQGHU256
thoroughfare or place owned by a district (3) Violation of the offense described in this
formed under ORS chapters 545, 547, 551 or section is subject to civil liability under ORS
DFRUSRUDWLRQIRUPHGXQGHU256FKDSWHU
(b) This section does not apply on any road (4) The offense described in this section,
or thoroughfare or property in private owner- unlawful use of metal objects on tires, is a
ship or any road or thoroughfare, other than a &ODVV&WUDIÀFYLRODWLRQ>F
state highway or county road, used pursuant to F@
any agreement with any agency of the United 815.165 Exemptions from prohibition
6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK on tires with metal objects. This section
(c) Operations authorized under the terms of HVWDEOLVKHVH[HPSWLRQVIURP256
DYDULDQFHSHUPLWLVVXHGXQGHU256 The exemptions under this section are in addi-
DUHVXEMHFWWRWKHWHUPVRIWKHSHUPLW,WLVD WLRQWRDQ\XQGHU256([HPSWLRQV
defense to any charge of violation of this section are partial or complete as described in the
if the person so charged produces a variance IROORZLQJ
SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ (1) Any vehicle on any way, thoroughfare or
the operation issued prior to and valid at the place owned by a district formed under ORS
WLPHRIWKHRIIHQVH chapters 545, 547, 551 or a corporation formed
(d) This section does not apply to any vehi- XQGHU256FKDSWHU
cle, combination of vehicles, article, machine (2) Any vehicle on any road or thoroughfare
or other equipment while being used by the or property in private ownership or any road
federal government, the State of Oregon, or any or thoroughfare, other than a state highway or
county or incorporated city in the construction, county road, used pursuant to any agreement
maintenance or repair of public highways and with any agency of the United States or with
at the immediate location or site of such con- DOLFHQVHHRIVXFKDJHQF\RUERWK
VWUXFWLRQPDLQWHQDQFHRUUHSDLU
(3) Operations approved under a variance
(e) This section does not apply to vehicles SHUPLWLVVXHGXQGHU256DUHVXEMHFW
while being used on the roads of a road author- WRWKHWHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVH
ity by mass transit districts for the purposes WRDQ\FKDUJHRIYLRODWLRQRI256LI
DXWKRUL]HGXQGHU256WRSUR- the person so charged produces a variance
vided the operation is approved by the road SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ
DXWKRULW\IRUWKDWURDG the operation issued prior to and valid at the
(3) Violation of the offense described in this WLPHRIWKHRIIHQVH
section is subject to civil liability under ORS (4) Vehicles actually engaged at the time in
FRQVWUXFWLRQRUUHSDLURIKLJKZD\VLQWKLVVWDWH
(4) The offense described in this section, (5) Traction engines moved upon dirt or
unlawful use of devices without wheels, is a XQLPSURYHGURDGV
&ODVV&WUDIÀFYLRODWLRQ>F
FF@ 9HKLFOHVHTXLSSHGZLWKFKDLQVDVGHÀQHG
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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 IRXUKXQGUHGWKVLQFKQRUPRUHWKDQ
equipped with any tire having on its periphery VL[KXQGUHGWKVLQFKDQGPDGHRIVXFK
material that the studs will wear, through use, (a) Drives, operates or moves on a highway
at the same rate as the tread surface of the any vehicle or combination of vehicles that is
WLUH:KHQWKHSUHVHUYDWLRQRIWKHKLJKZD\ not equipped with pneumatic tires made of
surface or the safety of the traveling public so HODVWLFPDWHULDO
indicates, the Department of Transportation (b) Owns a vehicle or combination of vehicles
shall have the authority to shorten or lengthen and causes or permits the vehicle or combina-
the period for the permissible use of such tires tion of vehicles to be driven, operated or moved
LQDQ\DUHDRIWKHVWDWHVSHFLÀFDOO\GHVLJQDWHG on a highway when not equipped with pneu-
E\WKHGHSDUWPHQW PDWLFWLUHVPDGHRIHODVWLFPDWHULDO2SHUDWLRQ
(8) School buses with a loaded weight of of any vehicle or combination of vehicles in vio-
SRXQGVRUPRUH lation of this section is prima facie evidence
(PHUJHQF\YHKLFOHVDQGDPEXODQFHV that the owner of the vehicle or combination
XVHGLQDQHPHUJHQF\VLWXDWLRQ caused or permitted the vehicle or combination
to be so operated and the owner shall be liable
(10) Motor vehicles used for regularly sched- for any penalties imposed under subsection (4)
XOHGPHGLFDOWUDQVSRUWVHUYLFHV RIWKLVVHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
(11) The owner or lessee of any land adjoin- (2) The application of this section is subject
ing any highway may move across or along the to the exemptions from this section established
highway any tractor or implement of husbandry XQGHU256
for the purpose of planting, cultivating, caring
for or harvesting any crop, on condition that (3) Violation of the offense described in this
the owner or lessee shall be liable to the State section is subject to civil liability under ORS
RI2UHJRQIRUWKHEHQHÀWRIWKH6WDWH+LJKZD\
Fund with respect to state highways, or to the (4) The offense described in this section,
SURSHUFRXQW\IRUWKHEHQHÀWRIWKHFRXQW\URDG operation without pneumatic tires, is a Class
fund with respect to county highways, for any &WUDIÀFYLRODWLRQ>FF
damage or injury done to the highway by the @
PRYHPHQW 815.175 Exemptions from pneumatic
(12) Vehicles equipped with retractable tire requirement. This section establishes
VWXGGHGWLUHVDVGHÀQHGLQ256> H[HPSWLRQVIURP2567KHH[HPS-
FFF tions under this section are in addition to any
FF@ H[HPSWLRQVXQGHU256([HPSWLRQV
815.167 Prohibition on selling studs are partial or complete as described in the
other than lightweight studs; exemp- IROORZLQJ
tion. ([FHSWDVSURYLGHGLQVXEVHFWLRQ (1) Vehicles are not subject on any way, thor-
of this section, a tire dealer may not sell a tire oughfare or place owned by a district formed
equipped with studs that are not lightweight under ORS chapters 545, 547, 551 or a corpo-
VWXGV UDWLRQIRUPHGXQGHU256FKDSWHU
(2) A tire dealer may not sell a stud other (2) Vehicles are not subject on any road, thor-
than a lightweight stud for installation in a oughfare or property in private ownership or
WLUH 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 256 GRHV QRW DSSO\ WR DQ\
a business, trade, occupation, activity or enter- implement of husbandry that is equipped
prise that sells, transfers, exchanges or barters with any tires made of elastic material other
WLUHVRUWLUHUHODWHGSURGXFWVIRUFRQVLGHUDWLRQ than pneumatic tires or with tires made with
(4) A tire dealer may sell a tire equipped any nonelastic material that are not prohib-
with studs that are not lightweight studs if LWHGXQGHU256DQGWKDWKDVDORDGHG
WKHVWXGVDUHUHWUDFWDEOH>F weight of not more than 7,000 pounds and a
FF@ loaded weight as measured at any axle of not
PRUHWKDQSRXQGV
815.170 Operation without pneumatic
tires; civil liability; penalty. (1) A person (5) Vehicles of special interest that are
commits the offense of operation without UHJLVWHUHGXQGHU256DUHGHHPHGLQ
pneumatic tires if the person does any of the FRPSOLDQFHLI
IROORZLQJ
(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 F7\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\>FF
256GRHVQRWDSSO\WRDQWLTXH FFF@
vehicles if the vehicles are maintained as col-
lectors’ items and used for exhibitions, parades, 815.182 Kinds of fenders or mudguards
club activities and similar uses, but not used UHTXLUHGIRUVSHFLÀHGYHKLFOHVSODFH-
primarily for the transportation of persons or ment. (1) The following types of vehicles must
SURSHUW\>FF be equipped with the proper type of fenders or
F@ PXGJXDUGVDVGHVFULEHGLQ256
D7\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 E7\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 ($ORZER\
extends at least to each side of the width of )$FRQWDLQHUFKDVVLV)RUSXUSRVHVRIWKLV
the tire or combined width of the multiple tires subparagraph, a container chassis is a frame
when measured against the cross section of with wheels, attached to a tractor, that is used
the tread of the wheel or the combined cross to transport containers to and from ports, rail
VHFWLRQVRIWKHWUHDGVRIWKHPXOWLSOHZKHHOV KXEVDQGFXVWRPHUORFDWLRQV
(b) Any fender or mudguard required under F7\SH,,,IHQGHUVRUPXGJXDUGVVKDOOEH
WKLVVHFWLRQPXVWEHRIVXIÀFLHQWVL]HDQGPXVW on each axle of every motor vehicle not other-
be so constructed as to be capable at all times of ZLVHGHVFULEHGLQWKLVVHFWLRQ
DUUHVWLQJDQGGHÁHFWLQJDQ\GLUWPXGZDWHU
or other substance that may be picked up and (2) For purposes of this section, a truck trac-
FDUULHGE\WKHZKHHOV tor and a semitrailer coupled together shall be
FRQVLGHUHGRQHYHKLFOH>F
(2) The following types of fenders or mud- FF@
guards must cover the wheels of the vehicle in
the manner described in paragraphs (a), (b) 815.185 Operation without proper fend-
DQGFRIWKLVVXEVHFWLRQ ers or mudguards; penalty. (1) A person
commits the offense of operation without
D7\SH,IHQGHUVRUPXGJXDUGVPXVWH[WHQG proper fenders or mudguards if the person
in full width from a point on the wheels that drives or moves on any highway or owns and
is above and forward of the center of the tires causes or knowingly permits to be driven or
over to a point at the rear of the wheels that is moved on any highway a vehicle without fend-
not more than 10 inches, or, if attached to the HUVRUPXGJXDUGVDVUHTXLUHGE\256
rear of a dump box that elevates for unloading, or if the fenders or mudguards fail to meet the
not more than 13 inches, above the surface of standards for fenders and mudguards estab-
WKHKLJKZD\ZKHQWKHYHKLFOHLVHPSW\ 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
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
FFF 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 FF@
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
FFF 6WDQGDUG,,XQGHU256
FFF@ (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>FF
([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
(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 (7) There are no light transmittance require-
obstruction of vehicle windows, is a Class D ments for glazing materials applied to AS-3
WUDIÀFYLRODWLRQ>FF W\SHZLQGRZV
FFF (8) The following types of tinting material
FF@ DUHQRWSHUPLWWHG
815.221 Tinting; authorized and D0LUURUÀQLVKSURGXFWV
SURKLELWHGPDWHULDOVFHUWLÀFDWH(1) Not-
withstanding any other provision of law, a (b) Red, gold, yellow, amber or black
person may apply tinting material to the win- PDWHULDO
dows of a motor vehicle in compliance with this (c) Tinting material that is in liquid preap-
VHFWLRQ 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
E7KHWLQWLQJPDWHULDOKDVDOLJKWUHÁHF- (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 F7KHOLJKWUHÁHFWDQFHRIWKHWLQWLQJPDWH-
(3) Tinting material that has a lower light rial; and
transmittance or produces a lower total light (d) That the total light transmittance
transmittance than permitted in subsection (2) through each window with the tinting mate-
(a) and (c) of this section may be applied to the ULDODSSOLHGLVQRWOHVVWKDQSHUFHQW
WRSVL[LQFKHVRIDZLQGVKLHOG7LQWLQJPDWHULDO
may not be applied to any other portion of the 7KHFHUWLÀFDWHLVVXHGXQGHUVXEVHFWLRQ
ZLQGVKLHOG (9) of this section shall be kept in the motor
YHKLFOHDQGVKDOOEHVKRZQWRDSROLFHRIÀFHU
(4) Tinting material that has a lower light ZKRLQTXLUHVDERXWWKHWLQW
transmittance or produces a lower total light
transmittance than permitted in subsection (11) Prohibitions and penalties related to
(2)(a) and (c) of this section may be applied the standards established under this section
to all windows of a multipurpose passenger DUHSURYLGHGXQGHU256>F
YHKLFOHWKDWDUHEHKLQGWKHGULYHU7KLVVXEVHF- FF@
tion applies only to vehicles that are equipped 815.222 Illegal window tinting; dis-
with rearview mirrors on each side of the missal; penalty. (1) A person commits the
YHKLFOH7KHZLQGRZVDVWLQWHGVKDOOPHHW offense of illegal window tinting if the person
the requirements for AS-3 glazing material applies window tinting material that does not
HVWDEOLVKHGE\IHGHUDOUHJXODWLRQ)RUSXUSRVHV FRPSO\ZLWK256RUDSSOLHVZLQGRZ
of this subsection, a “multipurpose passenger tinting material to a window of a motor vehicle
YHKLFOHµLVDPRWRUYHKLFOHZLWKPRWLYHSRZHU WKDWLVQRWDXWKRUL]HGE\256WREH
that is designed to carry 10 or fewer persons HTXLSSHGZLWKZLQGRZWLQWLQJPDWHULDO
and is constructed either on a truck chassis
or with special features for occasional off-road (2) A person commits the offense of oper-
RSHUDWLRQ ating a vehicle with illegal window tinting
if the person operates a vehicle registered or
(5) Tinting material that has a lower light required to be registered in Oregon that is
transmittance or produces a lower total light equipped with window tinting material that
transmittance than permitted in subsection (2) is not in compliance with or authorized by ORS
(a) and (c) of this section may be applied to the
side and rear windows of a vehicle registered
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
(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
F9HKLFOHVRSHUDWHGE\XWLOLWLHVGHÀQHG and under all conditions of load as will enable
XQGHU256RURU the driver to see any other vehicle approaching
WHOHFRPPXQLFDWLRQVFDUULHUVDVGHÀQHGLQ256 from not less than 200 feet in the rear on an
XQREVWUXFWHGURDG
(d) Sound systems of vehicles used for adver- (3) This section does not apply to the follow-
tising, or in parades, political or other special LQJYHKLFOHV
events, except that the use of sound systems
on those vehicles may be prohibited by a local (a) Vehicles of special interest that are reg-
authority by ordinance or resolution; LVWHUHGXQGHU256DQGWKDWZHUHQRW
equipped with rearview mirrors when origi-
(e) Audio alarm systems installed in vehi- QDOO\PDQXIDFWXUHG
cles; or
(b) Road machinery, road rollers or farm
(f) Federal Communications Commission WUDFWRUV
licensed two-way radio communications
V\VWHPV (c) Antique vehicles that are registered
XQGHU256DQGWKDWZHUHQRWHTXLSSHG
(3) As used in subsection (1) of this sec- with rearview mirrors when originally
WLRQ´SODLQO\DXGLEOHµPHDQVDQ\VRXQGIRU PDQXIDFWXUHG
which the information content of that sound is
unambiguously communicated to the listener (4) The offense described in this section,
including, but not limited to, understandable operation without a rearview mirror, is a Class
spoken speech, comprehension of whether a &WUDIÀFYLRODWLRQ>FF
voice is raised or normal or comprehensible F@
PXVLFDOUK\WKPVRUYRFDOVRXQGV 815.237 Forward crossview mirror;
(4) The offense described in this section, failure to inspect; exemptions; penalty.
FDXVLQJXQUHDVRQDEOHVRXQGDPSOLÀFDWLRQIURP (1) As used in this section, “forward crossview
DYHKLFOHLVD&ODVV'WUDIÀFYLRODWLRQ> PLUURUµPHDQVDPLUURURUGHYLFHWKDWHQDEOHV
FFF@ the driver of a motor truck to have a clear and
unobstructed view of persons or objects directly
NoteDQGZHUHDGGHGWR LQIURQWRIWKHPRWRUWUXFN
and made a part of the Oregon Vehicle Code
by legislative action but were not added to (2) A person commits the offense of failure
256FKDSWHURUDQ\VHULHVWKHUHLQ6HH to inspect if the person operates a motor truck
Preface to Oregon Revised Statutes for further with a combined weight of more than 10,000
H[SODQDWLRQ pounds used in commercial delivery and the
SHUVRQ
815.233 Enhancement of penalty for
violation of ORS 815.232. A person otherwise (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
PRUHYLRODWLRQVRI256ZLWKLQ of persons or objects before the person reenters
months immediately preceding the commission WKHPRWRUWUXFN
of the offense; and 7KLVVHFWLRQGRHVQRWDSSO\WR
(2) The prior convictions are admitted by the (a) Commercial buses;
defendant or alleged in the accusatory plead- (b) Tow vehicles;
LQJ>FF@
(c) Vehicles owned or operated by the United
Note6HHQRWHXQGHU States or by any governmental jurisdiction
within the United States except when owned
(Mirrors) or operated as a carrier of property for hire;
815.235 Operation without rearview (d) Vehicles owned or operated by a mass
mirror; exemptions; penalty. (1) A person WUDQVLWGLVWULFWFUHDWHGXQGHU256FKDSWHU
commits the offense of operation without a or
rearview mirror if the person does any of the
IROORZLQJ (e) Vehicles used for solid waste or recycling
FROOHFWLRQ
(a) Drives or moves on any highway any
motor vehicle that is not equipped with a (4) The offense described in this section, fail-
rearview mirror or device that meets the XUHWRLQVSHFWLVD&ODVV&WUDIÀFYLRODWLRQ
UHTXLUHPHQWVXQGHUWKLVVHFWLRQ >F@
(b) Owns a motor vehicle and causes or NoteZDVDGGHGWRDQGPDGHDSDUW
knowingly permits the vehicle to be driven or of the Oregon Vehicle Code by legislative action
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
([FHSWDVSURYLGHGLQVXEVHFWLRQRI '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
FF@
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
(c) Antique vehicles that are maintained the offense of operation of a recreational vehicle
as collectors’ items and used for exhibitions, ZLWKXQVHDOHGGLVSRVDOV\VWHPLI
parades, club activities and similar uses, but (a) The person has the use, possession or
not used primarily for the transportation of control of any vehicle or structure constructed
SHUVRQVRUSURSHUW\ for movement on highways;
(4) The court in its discretion may dismiss (b) The vehicle or structure is equipped with
a citation issued for violation of the offense DSOXPELQJVLQNRUWRLOHWÀ[WXUHDQG
described in this section if evidence is pre-
sented that the exhaust system complies with (c) The disposal system for the vehicle or
RUKDVEHHQUHSDLUHGRUPRGLÀHGWRFRPSO\ZLWK structure is unsealed or uncapped while the
WKHUHTXLUHPHQWVXQGHUWKLVVHFWLRQ vehicle or structure is in any way or place of
ZKDWHYHUQDWXUHRSHQWRWKHXVHRIWKHSXEOLF
(5) The offense described in this section,
operation without proper exhaust system, is (2) For purposes of this section, a way or
D&ODVV&WUDIÀFYLRODWLRQ>F place open to the use of the public includes,
FFF but is not limited to, highways, roads, streets,
F@ alleys, lanes, trails, beaches, parks and rec-
reational use areas owned or operated by the
(Speedometer) state, a county or local municipality for use by
WKHJHQHUDOSXEOLF
815.255 Operation of vehicle for hire
without speedometer; exemptions; pen- (3) This section does not apply to disposal
alty. (1) A person commits the offense of systems being discharged into or connected
operation of a vehicle for hire without a speed- with a sewage disposal system approved by
ometer if the person drives or moves on any WKH2UHJRQ+HDOWK$XWKRULW\
highway or owns and causes or knowingly per- (4) The offense described in this section,
mits to be driven or moved on any highway a operation of a recreational vehicle with
motor vehicle used for carrying passengers for XQVHDOHGGLVSRVDOV\VWHPLVD&ODVV&WUDIÀF
hire that is not equipped with a speedometer or YLRODWLRQ>FF
other registering device capable of registering FF@
accurately the speed at which the vehicle is
RSHUDWHG 815.265>FUHSHDOHGE\
F@
(2) This section is subject to the following
exemptions in addition to any exemptions (Loads)
XQGHU256
815.270 Operating vehicle that is loaded
(a) A motor vehicle equipped with a gover- or equipped to obstruct driver; penalty.
nor or other regulating device to control its (1) A person commits the offense of operating
VSHHGZLWKLQWKHOLPLWVVSHFLÀHGE\ODZLV a vehicle that is loaded or equipped to obstruct
not required to be equipped as this section the driver if the person is operating a vehicle
VSHFLÀHV that is loaded or equipped or where baggage or
(b) Vehicles of special interest that are DQHQFXPEUDQFHGRHVDQ\RIWKHIROORZLQJ
UHJLVWHUHGXQGHU256DUHGHHPHG (a) Substantially obstructs the driver’s views
in compliance with the requirements of this to the rear, through one or more mirrors and
VHFWLRQLI RWKHUZLVH
(A) The vehicles are equipped with original (b) Obstructs the driver’s view to the front
manufacturer’s equipment and accessories, RUVLGHV
or their equivalent, and maintained in safe
operating condition; or F,QWHUIHUHVZLWKFRQWURORIWKHGULYLQJ
PHFKDQLVP
(B) The vehicles are street rods that conform
WR256 (d) Prevents the free, unhampered operation
RIWKHYHKLFOHE\WKHGULYHU
(c) Antique vehicles are exempt from the
requirements of this section if the vehicles (2) The offense described in this section,
are maintained as collector’s items and used vehicle loaded or equipped to obstruct driver,
for exhibitions, parades, club activities and LVD&ODVV&WUDIÀFYLRODWLRQ>F
similar uses, but not used primarily for the F@
WUDQVSRUWDWLRQRISHUVRQVRUSURSHUW\ 815.275 Failure to mark end of load
(3) The offense described in this section, ZLWKOLJKWRUÁDJZKHQUHTXLUHGSHQDOW\
operation of a vehicle for hire without a speed- (1) A person commits the offense of failure to
RPHWHULVD&ODVV&WUDIÀFYLRODWLRQ> PDUNWKHHQGRIDORDGZLWKDOLJKWRUÁDJZKHQ
FFF required if the person drives or moves on any
F@ highway or owns and causes or knowingly per-
mits to be driven or moved on any highway any
(Disposal System) vehicle with a load that extends to the rear
four feet or more beyond the bed or body of the
815.260 Operation of recreational YHKLFOHDQGWKHSHUVRQIDLOVWR
vehicle with unsealed disposal system;
exemption; penalty. (1) A person commits (a) Place end load lights described under
256 DW WKH H[WUHPH UHDU HQG RI
the load, in addition to any other rear light the person sells or offers for sale any bicycle
required upon every vehicle, at times when headgear that does not meet the standards
limited visibility conditions exist; or established by the Department of Transpor-
(b) At any other time, display at the extreme WDWLRQXQGHU256
UHDUHQGRIWKHORDGDUHGÁDJRUFORWKQRWOHVV (2) A person commits the offense of unlaw-
WKDQLQFKHVVTXDUH fully renting or leasing a bicycle to another if
(2) The offense described in this section, WKHSHUVRQ
IDLOXUHWRPDUNHQGRIORDGZLWKOLJKWRUÁDJ D,VLQWKHEXVLQHVVRIUHQWLQJRUOHDVLQJ
ZKHQUHTXLUHGLVD&ODVV&WUDIÀFYLRODWLRQ bicycles; and
>F@ (b) Does not have bicycle headgear approved
XQGHU256DYDLODEOHIRUUHQWDOIRUXVH
(Bicycles) E\SHUVRQVXQGHU\HDUVRIDJH
815.280 Violation of bicycle equipment (3) The offenses described in this section
requirements; penalty. (1) A person commits DUH&ODVV'WUDIÀFYLRODWLRQV>F
the offense of violation of bicycle equipment F@
requirements if the person does any of the
IROORZLQJ (Motorized Wheelchairs)
(a) Operates on any highway a bicycle in 815.282 Operating motorized wheel-
YLRODWLRQRIWKHUHTXLUHPHQWVRIWKLVVHFWLRQ chair on bicycle lane without proper
E,VWKHSDUHQWRUJXDUGLDQRIDPLQRUFKLOG lighting equipment. (1) A person commits
or ward and authorizes or knowingly permits the offense of operating a motorized wheel-
the child or ward to operate a bicycle on any chair on a bicycle lane or path without proper
highway in violation of the requirements of lighting equipment if the person operates a
WKLVVHFWLRQ motorized wheelchair on a bicycle lane or path
(2) A bicycle is operated in violation of the and the person is not equipped with lighting
requirements of this section if any of the fol- equipment required of bicyclists under ORS
ORZLQJUHTXLUHPHQWVDUHYLRODWHG
(a) A bicycle must be equipped with a brake (2) This section applies at the times
that enables the operator of the bicycle to stop GHVFULEHGLQ256IRUDSSOLFDWLRQRI
the bicycle within 15 feet from a speed of 10 the lighting requirements of that section to
PLOHVSHUKRXURQGU\OHYHOFOHDQSDYHPHQW ELF\FOLVWV
(b) A person shall not install or use any siren (3) The offense described in this section,
RUZKLVWOHXSRQDELF\FOH7KLVSDUDJUDSKGRHV operating a motorized wheelchair on a bicycle
QRWDSSO\WRELF\FOHVXVHGE\SROLFHRIÀFHUV lane or path without proper lighting equip-
PHQWLVD&ODVV'WUDIÀFYLRODWLRQ>F
(c) At the times described in the following, E@
a bicycle or its rider must be equipped with
lighting equipment that meets the described (Motor Assisted Scooters)
UHTXLUHPHQWV
815.283 Violation of motor assisted
(A) The lighting equipment must be used scooter equipment requirements; penalty.
GXULQJOLPLWHGYLVLELOLW\FRQGLWLRQV (1) A person commits the offense of violation
(B) The lighting equipment must show a of motor assisted scooter equipment require-
white light visible from a distance of at least PHQWVLIWKHSHUVRQ
IHHWWRWKHIURQWRIWKHELF\FOH D,VWKHSDUHQWOHJDOJXDUGLDQRUSHUVRQ
(C) The lighting equipment must have a red with legal responsibility for the safety and
UHÁHFWRURUOLJKWLQJGHYLFHRUPDWHULDORIVXFK ZHOIDUHRIDFKLOGXQGHU\HDUVRIDJHDQG
size or characteristic and so mounted as to authorizes or knowingly permits the child to
EHYLVLEOHIURPDOOGLVWDQFHVXSWRIHHWWR operate a motor assisted scooter on any high-
the rear when directly in front of lawful lower way in violation of the requirements of this
EHDPVRIKHDGOLJKWVRQDPRWRUYHKLFOH section; or
(3) Nothing contained in this section shall (b) Operates a motor assisted scooter on
be construed to prohibit the use of additional any highway during times of limited visibility
parts and accessories on any bicycle consistent conditions and the motor assisted scooter is
ZLWKWKLVVHFWLRQ not equipped with, or the person does not use,
lighting equipment that meets the following
(4) The offense described in this section, UHTXLUHPHQWV
violation of bicycle equipment requirements,
LVD&ODVV'WUDIÀFYLRODWLRQ>F $,IWKHPRWRUDVVLVWHGVFRRWHULVHTXLSSHG
FFF ZLWKOLJKWLQJHTXLSPHQW
FFF@ (i) The lighting equipment must include a
815.281 Selling noncomplying bicycle white light visible from a distance of at least
headgear; renting or leasing bicycle with- 300 feet to the front and sides of the motor
out having approved headgear available; assisted scooter;
penalties. (1) A person commits the offense (ii) The lighting equipment must have a red
of selling noncomplying bicycle equipment if UHÁHFWRURUOLJKWLQJGHYLFHRUPDWHULDORIVXFK
M256UHODWLQJWRYHKLFOHH[KDXVW V\VWHP([HPSWLRQVHVWDEOLVKHGE\WKLVVHFWLRQ
DQGH[KDXVWHTXLSPHQW are in addition to any exemptions established
(2) This section does not exempt implements E\2567KHH[HPSWLRQVHVWDEOLVKHGLQ
of husbandry from the requirements for equip- this section are also applicable to requirements
PHQWDQGRSHUDWLRQXQGHU256> IRUFHUWLÀFDWLRQRISROOXWLRQFRQWUROHTXLSPHQW
FFF EHIRUHUHJLVWUDWLRQXQGHU256DQG
F@ $OO RI WKH IROORZLQJ YHKLFOHV DUH
exempt from the requirements under ORS
(Pollution Control Equipment)
$Q\YHKLFOHWKDWLVQRWDPRWRUYHKLFOH
815.295 Failure to have required pol-
lution control equipment; exemptions; (2) Any vehicle unless the vehicle is regis-
penalty. (1) A person commits the offense of WHUHGZLWKLQ
failure to be equipped with required pollu- (a) The boundaries of the metropolitan ser-
tion control equipment if the person operates YLFHGLVWULFWIRUPHGXQGHU256FKDSWHU
a motor vehicle upon a highway or leaves a IRUWKHPHWURSROLWDQDUHDDVGHÀQHGLQ256
motor vehicle standing upon a highway and ZKLFKLQFOXGHVWKH&LW\RI3RUWODQG
the vehicle is not equipped with a motor vehicle 2UHJRQ
SROOXWLRQFRQWUROV\VWHPDVGHÀQHGXQGHU256
$WKDWLVLQFRPSOLDQFHZLWKPRWRU E %RXQGDULHV GHVLJQDWHG E\ WKH (QYL-
vehicle pollutant, noise control and emission ronmental Quality Commission under ORS
VWDQGDUGVDGRSWHGE\WKH(QYLURQPHQWDO4XDO- $
LW\&RPPLVVLRQXQGHU256$ (3) Any new motor vehicle or new motor
(2) A person shall not be found in viola- vehicle engine when the registration results
tion of this section if proof of compliance has IURPWKHLQLWLDOUHWDLOVDOHWKHUHRI
been issued for the vehicle in compliance with $Q\PRWRUYHKLFOH
256:KHQHYHUSURRIRIFRPSOLDQFH
is revoked, suspended or restricted because a (a) Not registered in areas designated under
FHUWLÀHGV\VWHPDVGHÀQHGLQ256$ subsection (2)(a) of this section, including any
RUIDFWRU\LQVWDOOHGV\VWHPDVGHÀQHGLQ256 expansion of such boundary under subsection
$ KDV EHHQ IRXQG WR EH XQVDIH LQ (2)(b) of this section, with a model year that
actual use or is otherwise mechanically defec- predates by more than 20 years the year in
tive, the defect must be corrected or the system which registration or renewal of registration
must be brought into compliance with the rules is required; or
of the commission within 30 days after such (b) Registered in areas designated under
ÀQGLQJ 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
D ,I WKH (QYLURQPHQWDO 4XDOLW\ &RP- IDUPYHKLFOHVXQGHU256RUDSSRU-
PLVVLRQDGRSWVDUXOHXQGHU256$ WLRQHGIDUPYHKLFOHVXQGHU256
UHTXLULQJFHUWLÀHGRUIDFWRU\LQVWDOOHGV\VWHPV 6SHFLDO LQWHUHVW YHKLFOHV WKDW DUH
on motor vehicles registered in designated maintained as collectors’ items and used
counties, such vehicles are not required to be for exhibitions, parades, club activities and
in compliance with such rules until after the similar uses but not used primarily for the
date of registration, reregistration or renewal WUDQVSRUWDWLRQRISHUVRQVRUSURSHUW\
of the vehicle immediately subsequent to the
HIIHFWLYHGDWHRIWKHUXOH )L[HGORDGYHKLFOHV
E,PSOHPHQWVRIKXVEDQGU\URDGPDFKLQ- (8) Vehicles that are proportionally reg-
ery, road rollers and farm tractors are exempt LVWHUHGXQGHU256DQGLQ
IURPWKLVVHFWLRQ accordance with agreements established under
256
(c) Antique vehicles maintained as collec-
tors’ items and used for exhibitions, parades, (OHFWULFPRWRUYHKLFOHV7KLVVXEVHFWLRQ
club activities and similar uses, but not used does not exempt hybrid motor vehicles that use
primarily for the transportation of persons or HOHFWULFLW\DQGDQRWKHUVRXUFHRIPRWLYHSRZHU
SURSHUW\DUHH[HPSWIURPWKLVVHFWLRQ (10) First response rescue units operated
(4) The offense described in this section, by political subdivisions of this state that are
failure to be equipped with required pollution not used to transport persons who are ill or
FRQWUROHTXLSPHQWLVD&ODVV&WUDIÀFYLRODWLRQ LQMXUHGRUZKRKDYHGLVDELOLWLHV
>FFF (11) A vehicle that is currently registered
FF@ in Oregon at the time application for new
815.300 Exemptions from requirement registration is received by the Department
to be equipped with pollution control of Transportation if the new registration is a
system. This section establishes exemptions result of a change in the registration or plate
IURPWKHUHTXLUHPHQWVXQGHU256WR type and the application is received at least
EHHTXLSSHGZLWKDFHUWLÀHGSROOXWLRQFRQWURO
would not otherwise be eligible for registra- odometer in a motor vehicle any device which
tion because of its failure to comply with rules causes the odometer to register any mileage
DQGVWDQGDUGVDGRSWHGE\WKH(QYLURQPHQWDO RWKHUWKDQWKHWUXHPLOHDJHGULYHQ)RUWKH
4XDOLW\&RPPLVVLRQXQGHU256$ purposes of this paragraph the true mileage
(2) The offense described in this section, driven is that mileage driven by the vehicle as
XQODZIXO FHUWLÀFDWLRQ RI FRPSOLDQFH ZLWK registered by the odometer within the manu-
pollution control requirements, is a Class A IDFWXUHU·VGHVLJQHGWROHUDQFH
misdemeanor, but each day of violation does (b) With the intent to defraud, operates
QRWFRQVWLWXWHDVHSDUDWHRIIHQVH>F a motor vehicle on any street or highway
@ knowing that the odometer of such vehicle is
815.325 Unlawfully requiring repair GLVFRQQHFWHGRUQRQIXQFWLRQDO
IRUFHUWLÀFDWLRQRIFRPSOLDQFHZLWKSRO- (c) Replaces, disconnects, turns back or
lution control requirements; penalty. (1) resets the odometer of any motor vehicle with
A person commits the offense of unlawfully the intent to reduce the number of miles indi-
UHTXLULQJUHSDLUIRUFHUWLÀFDWLRQZLWKSROOXWLRQ FDWHGRQWKHRGRPHWHUJDXJH
control requirements if the person requires as (2) This section does not apply to a person
DFRQGLWLRQRIWKHLVVXDQFHRIDFHUWLÀFDWLRQRI who is servicing, repairing or replacing an
FRPSOLDQFHGHVFULEHGXQGHU256DQ\ RGRPHWHULQFRPSOLDQFHZLWK256
repairs or services unnecessary for compliance
with rules or standards adopted under ORS (3) The owner or subsequent purchaser of
$$$DQG$ a vehicle may bring an action in an appropri-
ate court of this state against any person who
(2) The offense described in this section, violates this section and may recover from the
XQODZIXOO\UHTXLULQJUHSDLUIRUFHUWLÀFDWLRQ person an amount of $1,500 or treble the actual
of compliance with pollution control require- GDPDJHFDXVHGE\WKHYLRODWLRQ2QO\DVLQJOH
ments, is a Class A misdemeanor, but each recovery is permitted under this subsection
day of violation does not constitute a separate IRUDQ\VLQJOHYLRODWLRQRIWKLVVHFWLRQ7KH
RIIHQVH>F@ court may award reasonable attorney fees to
815.400 > F F the prevailing party in an action under this
FFF VXEVHFWLRQ
UHSHDOHGE\F@ (4) The offense described in this section, ille-
JDORGRPHWHUWDPSHULQJLVD&ODVV&IHORQ\
(Odometer Offenses) >)RUPHUO\F@
815.405 Department review of odometer 815.415 Unlawful repair of odometer;
disclosure statements. (1) The Department rules; civil action; penalty. (1) A person
of Transportation may establish a program of commits the offense of unlawful repair of
reviewing department records and odometer an odometer if the person services, repairs
disclosure statements to determine vehicles or replaces the odometer on any vehicle and
that may have incorrect odometer disclosures the person does not comply with all of the
or on which the odometer may have been IROORZLQJ
DOWHUHG7KHSURJUDPPD\LQFOXGHDQ\SURFH-
dures the department determines appropriate (a) Whenever possible, the person shall
including, but not limited to, the comparison perform the work on the odometer without
of odometer disclosures for individual vehicles changing the mileage reading from that shown
with statistical information on statistically RQWKHRGRPHWHUEHIRUHWKHZRUNLVSHUIRUPHG
average mileage for vehicles within a certain E,ILWLVQRWSRVVLEOHWRSHUIRUPWKHZRUN
SHULRGRIWLPH without changing the mileage reading, the
,IWKHGHSDUWPHQWGHWHUPLQHVXQGHUWKLV SHUVRQPXVWGRDOORIWKHIROORZLQJ
section that it is likely that a vehicle or vehicles $$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
D5HSRUWWKHÀQGLQJVRIWKHGHSDUWPHQWWR ZDVSHUIRUPHG$QRWLFHUHTXLUHGXQGHUWKLV
WKHRZQHUVRUSXUFKDVHUVRIWKHYHKLFOHV subparagraph must be in writing and must
E5HSRUWWKHÀQGLQJVRIWKHGHSDUWPHQWWR be in a form established by the Department of
HQIRUFHPHQWRIÀFLDOVFKDUJHGZLWKHQIRUFLQJ 7UDQVSRUWDWLRQE\UXOH
laws relating to odometers, including, but not (C) Make an odometer disclosure in a form
OLPLWHGWRSROLFHRIÀFLDOVGLVWULFWDWWRUQH\VRU required by the department by rule and submit
WKH$WWRUQH\*HQHUDO·VRIÀFH>F the disclosure to the department within 10
F@ GD\VRIFRPSOHWLQJWKHZRUN
815.410 Illegal odometer tampering; (2) The owner or any subsequent purchaser
prohibition; exceptions; civil action; pen- of a vehicle may bring an action in an appropri-
alty. (1) A person commits the offense of illegal ate court of this state against any person who
odometer tampering if the person does any of violates this section and may recover from the
WKHIROORZLQJ person an amount of $500 or twice the actual
(a) Advertises for sale, sells, uses or installs damages caused by the violation, whichever
on any part of a motor vehicle or on any LVJUHDWHU2QO\DVLQJOHUHFRYHU\LVSHUPLWWHG
under this subsection for any single violation (4) The offense described in this section,
RIWKLVVHFWLRQ7KHFRXUWPD\DZDUGUHDVRQ- unauthorized possession, use or distribution
able attorney fees to the prevailing party in RIDWUDIÀFFRQWUROVLJQDORSHUDWLQJGHYLFHLV
DQDFWLRQXQGHUWKLVVHFWLRQ D&ODVV&PLVGHPHDQRU>F
(3) A person is not subject to the require- FF@
ments for work performed on vehicles that are $XWKRULW\WRXVHWUDIÀFFRQWURO
exempt from odometer disclosure requirements signal operating devices; costs. (1) The
XQGHU256 RZQHURIDWUDIÀFFRQWUROVLJQDOPD\DXWKR-
(4) The offense described in this section, UL]HXVHRIDWUDIÀFFRQWUROVLJQDORSHUDWLQJ
unlawful repair of an odometer, is a Class C device by the following persons for the follow-
PLVGHPHDQRU>FF LQJSXUSRVHV
F@ (a) An authorized operator in an emergency
815.420 Unlawfully removing odometer YHKLFOHLQRUGHUWRLPSURYHWKHVDIHW\DQGHIÀ-
repair notice; penalty. (1) A person commits FLHQF\RIHPHUJHQF\UHVSRQVHRSHUDWLRQV
the offense of unlawfully removing an odom- (b) An authorized operator in a bus, in order
eter repair notice if the person removes any WRLQWHUUXSWWKHF\FOHRIWKHWUDIÀFFRQWURO
notice showing service, repair or replacement signal in such a way as to keep the green light
of an odometer with the mileage reading and VKRZLQJIRUORQJHUWKDQLWRWKHUZLVHZRXOG$V
the date of the work that has been placed on a XVHGLQWKLVSDUDJUDSK´EXVµKDVWKHPHDQLQJ
YHKLFOHLQFRPSOLDQFHZLWK256 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
@ 7KHRZQHURIDWUDIÀFFRQWUROVLJQDOZKR
815.425 Failure to submit odometer DXWKRUL]HVDGGLWLRQDOXVHVRIDWUDIÀFFRQWURO
disclosure; penalty. (1) A person commits signal operating device, as authorized by this
the offense of failure to submit an odometer section, shall allocate the incremental costs, if
disclosure if the person is required by ORS any, of such additional uses to the additional
RUWRVXEPLW 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 $WUDIÀFFRQWUROVLJQDORSHUDWLQJGHYLFH
FFF used as authorized under this section must
F@ operate in such a way that the device does not
815.430 Submitting false odometer dis- continue to control the signal once the vehi-
closure; penalty. (1) A person commits the cle containing the device has arrived at the
offense of submitting a false odometer disclo- intersection, regardless of whether the vehicle
sure if the person knowingly makes any false UHPDLQVDWWKHLQWHUVHFWLRQ>F@
statement or provides any false information on
DQRGRPHWHUGLVFORVXUHIRUP (Vehicle Metering System)
(2) The offense described in this section, 815.555 Tampering with a vehicle
submitting a false odometer disclosure, is a metering system; penalty. (1) A person com-
&ODVV&IHORQ\>FF@ mits the offense of tampering with a vehicle
PHWHULQJV\VWHPLIWKHSHUVRQ
7UDIÀF&RQWURO6LJQDO2SHUDWLQJ'HYLFHV
(a) With the intent to defraud, operates a
815.440 Unauthorized possession, use motor vehicle that is subject to the per-mile
RUGLVWULEXWLRQRIWUDIÀFFRQWUROVLJQDO URDGXVDJHFKDUJHLPSRVHGXQGHU256
operating device; exemption; penalty. (1) on a highway knowing that the vehicle meter-
A person commits the offense of unauthorized LQJV\VWHPLVGLVFRQQHFWHGRUQRQIXQFWLRQDO
SRVVHVVLRQXVHRUGLVWULEXWLRQRIDWUDIÀFFRQ- (b) Replaces, disconnects or resets the vehi-
trol signal operating device if the person owns, cle metering system of a motor vehicle that
uses, sells or otherwise distributes a device is subject to the per-mile road usage charge
WKDWLVGHVLJQHGWRFRQWURODWUDIÀFFRQWUROOLJKW LPSRVHGXQGHU256ZLWKWKHLQWHQW
as a person using the device approaches the of reducing the metered use recorded by the
OLJKW YHKLFOHPHWHULQJV\VWHP
(2) This section does not apply to persons (2) This section does not apply to a person
RSHUDWLQJ WUDIÀF FRQWURO VLJQDO RSHUDWLQJ who is servicing, repairing or replacing a vehi-
GHYLFHVDVDXWKRUL]HGE\256 FOHPHWHULQJV\VWHP
)RUSXUSRVHVRI256DWUDIÀF (3) As used in this section, “vehicle metering
control signal operating device is contraband V\VWHPµPHDQVDV\VWHPXVHGWRUHFRUGWKH
if it is used by a person who is not authorized metered use by a motor vehicle for the purpose
DVSURYLGHGLQ256WRXVHWKHGHYLFH of complying with the reporting requirements
XQGHU256
_______________
Chapter 816
(',7,21
VEHICLE EQUIPMENT: LIGHTS
(5) Passing lights shall show a white light least one brake light shall be placed on each
IRUZDUG>FF VLGHRIWKHUHDU
FFF (2) Brake lights shall be constructed and
FF@ located on a vehicle so as to give a signal of
816.080 Taillights. (1) Taillights shall be LQWHQWLRQWRVWRS
PRXQWHGRQWKHUHDURIDYHKLFOH %UDNHOLJKWVVKDOOHPLWDUHGOLJKW,I
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVHF- the motor vehicle was manufactured before
tion, when lighted, taillights shall emit a red 1959 and the brake light is combined with the
OLJKW taillight in a taillight assembly, the assembly
(3) When lighted, taillights shall emit a light may contain an insert as described under ORS
plainly visible from a distance of 500 feet to
WKHUHDU ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
(4) Taillights may be constructed so as to this section, brake lights shall emit a steady
LQFOXGHUHJLVWUDWLRQSODWHOLJKWV EXUQLQJOLJKW
(5) Taillights shall be wired so as to be (5) Brake lights shall emit a light that is
lighted whenever the headlights or auxiliary plainly visible and capable of being seen and
OLJKWVDUHOLJKWHG distinguished from a distance of 500 feet to
WKHUHDURIWKHYHKLFOHLQQRUPDOGD\OLJKW
7DLOOLJKWV WKDW DUH UHTXLUHG XQGHU
256DQGPXVWEHPRXQWHG %UDNH OLJKWV UHTXLUHG XQGHU 256
adjusted and aimed in accordance with the DQGVKDOOEHPRXQWHGVRIDU
standards adopted by the Department of as practicable, in such a manner as to reduce
7UDQVSRUWDWLRQ the hazard of being obscured by mud or dust
WKURZQE\WKHZKHHOV
(7) Taillights that are required under ORS
DQGDQGDQ\SDUWIRUVXFK (7) Brake lights shall not project a glaring
light that tends to change the original design RUGD]]OLQJOLJKW
or performance must be of a type that complies (8) Brake lights may be incorporated with
with standards adopted by the department DWDLOOLJKW
XQGHU256 (9) Brake lights shall be activated upon
(8) On a motor vehicle that was manufac- DSSOLFDWLRQRIWKHVHUYLFHEUDNH
tured before 1959, the taillight or the taillight (10) Brake lights required under ORS
assembly, if the taillight is combined with DQGRUDQ\SDUWVIRUEUDNH
another light, may contain a blue or purple lights must comply with standards adopted by
LQVHUWRIQRWPRUHWKDQRQHLQFKLQGLDPHWHU the Department of Transportation under ORS
>FF
FFF
FFF %UDNHOLJKWVIRUPRWRUF\FOHVPD\ÁDVK
@ intermittently, provided that the brake lights
GRQRWRYHUULGHWKHUHDUWXUQVLJQDOIXQFWLRQ
816.090 Registration plate lights. (DFK >FF
of the following is a requirement for registra- FFF
WLRQSODWHOLJKWVDVGHVFULEHG FFF
(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 FF
WDLOOLJKW FFF
(3) A registration plate light shall show a @
ZKLWHOLJKW 816.120 Turn signals. (DFKRIWKHIRO-
(4) A registration plate light shall render lowing is a requirement for turn signals as
the rear registration plate clearly legible from GHVFULEHG
DGLVWDQFHRIIHHWWRWKHUHDU (1) Turn signals shall be so constructed
(5) A registration plate light shall be wired and located on a vehicle as to give a signal of
so as to be lighted whenever the headlights or LQWHQWLRQWRWXUQULJKWRUOHIW
DX[LOLDU\OLJKWVDUHOLJKWHG>F (2) The following types of turn signals shall
FF VKRZOLJKWLQWKHGLUHFWLRQLQGLFDWHG
FFF (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
(a) Front turn signal lights may be white or 816.160 Rear mounted lighting system.
DPEHU (DFKRIWKHIROORZLQJLVDUHTXLUHPHQWIRUD
(b) Rear turn signal lights may be red, UHDUPRXQWHGOLJKWLQJV\VWHP
DPEHURU\HOORZ,IWKHUHDUWXUQVLJQDOLVUHG (1) A rear mounted lighting system shall
the motor vehicle was manufactured before have a green light, a yellow light and a red
1959 and the turn signal is combined with the OLJKW
taillight in a taillight assembly, the assembly (2) A rear mounted lighting system shall be
may contain an insert as described under ORS FRQVWUXFWHGVRWKDW
(a) The green light will be actuated when
(4) Turn signals shall be understandable in the accelerator is depressed;
normal sunlight and at a distance of 500 feet
DWQLJKW (b) The yellow light will be actuated when
the vehicle is moving forward or standing and
(5) Turn signals that are required under idling, but not under power from its engine; and
256DQGPXVWEHPRXQWHG
adjusted and aimed in accordance with the (c) The red light will be actuated when the
standards adopted by the Department of motor vehicle is being braked through the use
7UDQVSRUWDWLRQ RILWVEUDNLQJV\VWHP
7XUQVLJQDOVWKDWDUHUHTXLUHGXQGHU (3) The red and green lights of a rear
256DQGDQGDQ\SDUWIRU mounted lighting system may be illuminated
such turn signals that tends to change the orig- VLPXOWDQHRXVO\2WKHUZLVHRQO\RQHOLJKWRI
inal design or performance must be of a type the system shall be illuminated at any one
that complies with standards adopted by the time and either the green or yellow lights
GHSDUWPHQWXQGHU256>F shall be illuminated when the red lights are
FF QRWLOOXPLQDWHG
FFF (4) The lights of a rear mounted lighting
FF@ 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 FFF
stopped upon a roadway or shoulder adjacent FF
WKHUHWR F@
(2) Parking lights shall exhibit a white or 6SRWOLJKWV(DFKRIWKHIROORZLQJLV
amber light visible to the front of the vehicle DUHTXLUHPHQWIRUVSRWOLJKWVDVLQGLFDWHG
DQGDUHGOLJKWYLVLEOHWRWKHUHDURIWKHYHKLFOH (1) Spotlights must be mounted, adjusted
(3) Parking lights shall be visible from a and aimed in accordance with standards
distance of 500 feet to the front of the vehicle DGRSWHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
and from a distance of 500 feet to the rear of (2) Spotlights and any part for such spot-
WKHYHKLFOH>FF lights that tends to change the original design
FF or performance must be of a type that complies
FF@ 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 FF
ZLWKRXWJODUH>FF FFF
FF F@
FF@ 5HÁHFWRUV(DFKRIWKHIROORZLQJ
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- D5HDUUHÁHFWRUVDQGUHDUZDUGVLGHUHÁHF-
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
JODUHWRWKHGULYHURIWKHYHKLFOHVRHTXLSSHG UHÁHFWRULVUHTXLUHGXQGHU256DQG
>FF WKHUHVKDOOEHDWOHDVWRQHUHDUUHÁHF-
FFF WRURQHLWKHUVLGHRIWKHUHDURIWKHYHKLFOH2Q
F@ SROHWUDLOHUVUHDUUHÁHFWRUVPD\EHPRXQWHG
RQHDFKVLGHRIWKHEROVWHURUORDG
(1) Bus safety lights shall include at least 816.280 Warning lights. This section
two of each color of light on the front of the establishes standards for different types of
vehicle and at least two of each color of light ZDUQLQJ OLJKWV (DFK RI WKH IROORZLQJ LV D
RQWKHUHDURIWKHYHKLFOH UHTXLUHPHQWIRUZDUQLQJOLJKWVDVGHVFULEHG
(2) Bus safety lights shall include red and (1) The following are the colors for the indi-
DPEHUOLJKWV 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
FF RUUHG
FF
F@ (c) Weighmaster and motor carrier enforce-
PHQWRIÀFHUZDUQLQJOLJKWVVKDOOEHUHG
816.270 Mail delivery lights. (DFKRI
the following is a requirement for mail delivery (d) Warning lights on vehicles engaged in
OLJKWVRWKHUWKDQVWUREHOLJKWV the removal, containment or cleanup of a haz-
ardous materials release, and on vehicles at
(a) Mail delivery lights shall include two the scene of a potential release of hazardous
OLJKWV PDWHULDOVPD\EHUHGRUDPEHU
(b) Mail delivery lights shall be simultane- (e) Warning lights on vehicles being used
RXVO\ÁDVKLQJOLJKWV by medical examiners to reach the scene of
(c) Mail delivery lights may be constructed an accident or of a death investigation may be
VRWKDWWKHOLJKWVÁDVKFRQWLQXRXVO\RUDUH UHG
DFWXDWHGE\DSSOLFDWLRQRIWKHVHUYLFHEUDNH (2) Warning lights shall provide an intermit-
(d) Mail delivery lights shall have at least 12 tent light that may be either of a revolving or
VTXDUHLQFKHVRIHIIHFWLYHLOOXPLQDWHGVXUIDFH ÁDVKLQJW\SHRUDQ\RWKHUW\SHWKDWSURYLGHV
(e) Mail delivery lights shall be of double DQLQWHUPLWWHQWOLJKW
IDFHRUWZRZD\W\SH (3) All warning lights shall be visible from a
(f) Mail delivery lights shall project an distance of not less than 500 feet under normal
amber color to the front and a red color to the DWPRVSKHULFFRQGLWLRQVDWQLJKW>F
UHDU FF
FF
(g) Mail delivery lights shall be visible from FFF
a distance of not less than 100 feet to the front FFF
DQGUHDULQQRUPDOVXQOLJKW @
(h) Mail delivery lights shall be mounted 816.285 Fire department warning
on the highest part of the top of the vehicle lights. (DFKRIWKHIROORZLQJLVDXWKRUL]HGIRU
in such a position that the illumination from ÀUHGHSDUWPHQWZDUQLQJOLJKWV
the lights is visible both to the front and rear
for the required distance and shall be spaced (1) Fire department vehicle warning lights
laterally as far apart as body construction will PD\EHUHGRUDFRPELQDWLRQRIUHGDQGZKLWH
SHUPLW (2) Fire department vehicles may use an
(i) Between mail delivery lights there shall DSSURYHGKHDGOLJKWÁDVKLQJV\VWHPDVDXWKR-
be mounted a 22-inch by 7-inch sign with the UL]HGE\256
ZRUGLQJ´860DLOµLQIRXULQFKOHWWHUVLQ (3) Fire department vehicles may have a
EODFNRQDZKLWHEDFNJURXQG IRUZDUGIDFLQJÁDVKLQJZKLWHOLJKWIRUWKHSXU-
(j) Mail delivery lights and the required SRVHRIRSHUDWLQJDWUDIÀFVLJQDOSUHHPSWLRQ
sign shall be installed so that the sign can be GHYLFH
easily lowered and the lights turned off when (4) Fire department vehicles may show a
the vehicle is not actually engaged in United ÁDVKLQJRUUHYROYLQJJUHHQOLJKWZKHQRSHU-
6WDWHV0DLOVHUYLFH ating as the command post in emergency
(k) Mail delivery lights, the required sign, LQFLGHQWV
wiring, switches and mounting devices shall (5) Fire department emergency response
all be of a type that meets standards adopted vehicle lights may be any color allowed for
E\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ SROLFHOLJKWVXQGHU256>F
(2) Magnetically attached strobe lights may F@
be used as mail delivery lights without meeting NoteZDVDGGHGWRDQGPDGHDSDUW
any of the requirements of subsection (1) of this RI256FKDSWHUE\OHJLVODWLYHDFWLRQEXW
section except the visibility requirements of ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
VXEVHFWLRQJDQGKRIWKLVVHFWLRQ6WUREH See Preface to Oregon Revised Statutes for
lights used as mail delivery lights shall be IXUWKHUH[SODQDWLRQ
DPEHU>FF 816.290 End load lights. (DFKRIWKHIRO-
FF ORZLQJLVDUHTXLUHPHQWIRUHQGORDGOLJKWV
FFF
F@ 7KHOLJKWVVKDOOEHUHGLQFRORU
(2) The lights shall be either a lighted light (e) Motorized wheelchairs when used as
RUODQWHUQ SHUPLWWHGXQGHU256
(3) The lights shall be placed at the extreme (4) On any combination of vehicles, only the
UHDUHQGRIDORDG lighting equipment on the rearmost vehicle
(4) The lights shall be plainly visible from in the combination of vehicles need be visible
a distance of at least 500 feet to the sides and IURPGLVWDQFHVVSHFLÀHGXQGHU256
UHDURIWKHYHKLFOH>F WRIRUOLJKWLQJHTXLSPHQWRQWKHUHDU
FFF RIYHKLFOHV
FF@ (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- 9HKLFOHOLJKWLQJHTXLSPHQWUHTXLUHPHQWV
dard lighting equipment if the person does any for ambulances and emergency vehicles are
RIWKHIROORZLQJ HVWDEOLVKHGLQ256
(a) Drives or moves on any highway any vehi- (7) Lighting equipment on electric per-
cle equipped with lighting equipment described sonal assistive mobility devices shall meet
XQGHU256WRWKDWGRHVQRW WKHUHTXLUHPHQWVHVWDEOLVKHGLQ256
meet the standards required for the equipment >FFF
XQGHU256WR FF@
(b) Owns a vehicle or combination of vehicles
and causes or knowingly permits the vehicle or REQUIRED LIGHTS
combination of vehicles to be driven or moved
on any highway when the vehicle or combi- 816.320 Lighting equipment required
nation is equipped with lighting equipment for motor vehicles. This section establishes
GHVFULEHGXQGHU256WRWKDW UHTXLUHPHQWVIRU256:KHUHVSHFLÀF
does not meet the standards required for the types of lighting equipment are mentioned by
HTXLSPHQWXQGHU256WR this section, those types are types described
XQGHU256WR([FHSWZKHUH
(2) The application of this section is subject DQH[HPSWLRQXQGHU256VSHFLÀFDOO\
to the exemptions from this section established provides otherwise, a vehicle that does not
XQGHU256 comply with this section is in violation of ORS
(3) The offense described in this section,
operation with nonstandard lighting equip- (1) A motor vehicle shall be equipped with
PHQWLVD&ODVV&WUDIÀFYLRODWLRQ>F all of the following in addition to any other
F@ UHTXLUHPHQWVXQGHUWKLVVHFWLRQ
816.310 Exemptions from lighting D+HDGOLJKWV0RWRUYHKLFOHVRWKHUWKDQ
equipment requirements. This section motorcycles or mopeds shall be equipped with
HVWDEOLVKHV H[HPSWLRQV IURP 256 DWOHDVWWZR0RWRUF\FOHVRUPRSHGVVKDOOEH
WR7KHH[HPSWLRQVXQGHUWKLVVHF- HTXLSSHGZLWKDWOHDVWRQH
tion are in addition to any exemptions under
256 7KH H[HPSWLRQV HVWDEOLVKHG E7DLOOLJKWV0RWRUYHKLFOHVRWKHUWKDQ
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 F5HJLVWUDWLRQSODWHOLJKW
and accessories on any vehicle not inconsistent G%UDNHOLJKWV0RWRUYHKLFOHVRWKHUWKDQ
ZLWKWKHSURYLVLRQVRIWKRVHVHFWLRQV motorcycles and mopeds shall be equipped
(2) Lighting equipment used on vehicles of ZLWKDWOHDVWWZREUDNHOLJKWV0RWRUF\FOHV
special interest that are registered under ORS and mopeds are only required to be equipped
VKDOOEHGHHPHGLQFRPSOLDQFHZLWK ZLWKRQHEUDNHOLJKW
256WRLIWKHHTXLSPHQWLV H7XUQVLJQDOOLJKWV
original manufacturer’s equipment and acces-
sories, or their equivalent and if the equipment I5HDUUHÁHFWRUV
LVPDLQWDLQHGLQVDIHRSHUDWLQJFRQGLWLRQ (2) All trailers shall be equipped with all of
256WRGRQRWDSSO\WR the following in addition to any other require-
HTXLSPHQWRQDQ\RIWKHIROORZLQJ PHQWVXQGHUWKLVVHFWLRQ
D5RDGPDFKLQHU\ D7DLOOLJKWV7UDLOHUVDUHUHTXLUHGWREH
HTXLSSHGZLWKWZRWDLOOLJKWV
E5RDGUROOHUV
E5HJLVWUDWLRQSODWHOLJKWV
F)DUPWUDFWRUV
F7ZREUDNHOLJKWV
(d) Antique vehicles that are maintained
as a collector’s item and used for exhibitions, G7XUQVLJQDOOLJKWV
parades, club activities and similar uses, but H7ZRUHDUUHÁHFWRUV
not used primarily for the transportation of
SHUVRQVRUSURSHUW\ (3) The motor vehicles described in this sub-
section shall be equipped with forward and
FFF ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
F@ section, only the following vehicles may be
HTXLSSHGZLWKEXVVDIHW\OLJKWV
PROHIBITED LIGHTS D6FKRROEXVHV
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
D7XUQVLJQDOOLJKWV ([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV
VHFWLRQDOOÁDVKLQJOLJKWVDUHSURKLELWHGRQDOO
E5HDUPRXQWHGOLJKWLQJV\VWHPV motor vehicles on any street or highway except
F5HJLVWUDWLRQSODWHOLJKWV 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\ LQ256G
(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 E7DLOOLJKWVXQGHU256
SURFHHGLQJXQGHUWKHDXWKRULW\RI256
may be equipped with weighmaster warning F%UDNHOLJKWVXQGHU256
OLJKWV G7XUQVLJQDOVXQGHU256
([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV H5HÁHFWRUVXQGHU256
section, only tow vehicles may be equipped
ZLWKWRZYHKLFOHZDUQLQJOLJKWV $FRPPHUFLDOYHKLFOHDVGHÀQHGLQ256
PD\EHHTXLSSHGZLWKFRPPHUFLDO
([FHSWDVRWKHUZLVHDOORZHGXQGHUWKLV YHKLFOHZDUQLQJOLJKWV>F
section, only a motor vehicle escort accompany- FFF
ing a motor vehicle carrying or towing a load of FFF
a size or description not permitted under ORS FFF
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_______________
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
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>FF
FDFF
___________________________________ FFF@
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 WKHFULWHULDRI256LIWKHGHSDUW-
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 >FF@
818.030 Exemptions from weight lim- may have a loaded weight of 34,000 pounds
itations. This section establishes exemptions each when operating on interstate highways
from the maximum weight limitations under with a permit and on other highways without
256DQG7KHH[HPSWLRQV a permit, providing the distance between the
under this section are in addition to any ÀUVWDQGODVWD[OHVRIWKHWZRVHWVRIWDQGHP
H[HPSWLRQVXQGHU2562SHUDWLRQ 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 1RWZLWKVWDQGLQJ 7DEOH ,,, RI 256
FKDSWHU DJURXSRIIRXUD[OHVFRQVLVWLQJRID
(2) The maximum weight limitations do not set of tandem axles and two axles spaced nine
apply on any road or thoroughfare or property feet or more apart may have a loaded weight
in private ownership or any road or thorough- RIPRUHWKDQSRXQGVDQGXSWR
fare, other than a state highway or county pounds when operating on interstate highways
road, used pursuant to any agreement with any with a permit and on other highways without
agency of the United States or with a licensee a permit, providing the distance between the
RIVXFKDJHQF\RUERWK ÀUVWDQGODVWD[OHVRIWKHJURXSLVIHHWRU
(3) The maximum weight limitations do not PRUH
apply to any vehicle, combination of vehicles, (10) The maximum weight limitations do
article, machine or other equipment while not apply to a vehicle equipped with a fully
being used by the federal government, the functional idle reduction system designed to
State of Oregon or any county or incorporated reduce fuel use and emissions from engine
city in the construction, maintenance or repair LGOLQJ7KHYHKLFOHPD\H[FHHGWKHZHLJKWOLP-
of public highways and at the immediate loca- LWDWLRQVHVWDEOLVKHGXQGHU256E\QRW
tion or site of such construction, maintenance PRUHWKDQSRXQGV>F
RUUHSDLU FFF
(4) The maximum weight limitations do not F@
apply to vehicles while being used on the roads 818.040 Violation of posted weight
of a road authority by mass transit districts for limits; civil liability; penalty. (1) A person
WKHSXUSRVHVDXWKRUL]HGXQGHU256WR commits the offense of violation of posted
SURYLGHGWKHZHLJKWRIWKHYHKLFOHVLV weight limits if the person does any of the
DSSURYHGE\WKHURDGDXWKRULW\IRUWKHURDGV IROORZLQJ
(5) Subject to the maximum weight limita- (a) Drives or moves on a highway any vehi-
WLRQVXQGHU7DEOHV,DQG,,,RI256 cle or combination of vehicles that exceed any
any vehicle with a single rear axle specially weight limits imposed on the highway or por-
equipped with a self-compactor and used tion of highway and indicated by appropriate
exclusively for garbage or refuse operations VLJQVJLYLQJQRWLFHRIWKHOLPLWV
may have a loaded weight upon a single axle (b) Owns a vehicle or combination of vehicles
of not more than 22,000 pounds when laden and causes or permits the vehicle or combi-
ZLWKJDUEDJHRUUHIXVH:KHQXQODGHQRUZKHQ nation of vehicles to be driven or moved on
operating on any highway that is part of the a highway when the vehicle or combination
federal interstate highway system such vehi- exceeds any weight limits imposed on the high-
cles shall comply with the weight limitations way or portion of highway and indicated by
XQGHU7DEOH,,RI256 DSSURSULDWHVLJQVJLYLQJQRWLFHRIWKHOLPLWV
:HLJKWOLPLWDWLRQVDUHQRWDSSOLFDEOHLQ Operation of any vehicle or combination of
any place and to the extent the weight limita- vehicles in violation of this section is prima
WLRQVDUHPRGLÀHGE\DURDGDXWKRULW\XQGHU facie evidence that the owner of the vehicle or
2567KHH[HPSWLRQXQGHUWKLVVXE- combination caused or permitted the vehicle or
section is subject to the limitations imposed combination to be so operated and the owner
by the road authority exercising the powers shall be liable for any penalties imposed under
JUDQWHGXQGHU256 subsection (5) of this section as a result of the
(7) Operations authorized to exceed weight RSHUDWLRQ
limitations by a variance permit issued under (2) The authority to establish and change
256DUHVXEMHFWWRWKHWHUPVRIWKH weight limits for purposes of the prohibitions
SHUPLW,WVKDOOEHDGHIHQVHWRDQ\FKDUJH and penalties under this section is under ORS
RIYLRODWLRQRI256LIWKHSHUVRQVR
charged produces a variance permit issued (3) The application of this section is subject
XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ to the exemptions from this section established
of the vehicle or combination of vehicles issued XQGHU256
SULRUWRDQGYDOLGDWWKHWLPHRIWKHRIIHQVH
D1RWZLWKVWDQGLQJ7DEOH,,,RI256
WZRFRQVHFXWLYHVHWVRIWDQGHPD[OHV
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
RIYHKLFOHV IHHW
___________________________________ (4) Last axle of
vehicle
7$%/(, operating
'LPHQVLRQ /LPLWDSSOLFDEOHWR 0D[LPXP VLQJO\ $Q\SRUWLRQRI
OLPLWHG DOORZDEOH vehicle or any
size, in ORDGWKHUHRQ 7KUHH
feet, for fourths the
dimension length
OLPLWHG of the
(1) Total wheelbase
outside of the
ZLGWK $Q\YHKLFOH YHKLFOH
(2) Height, (5) Last axle of
including combination
ORDG $Q\YHKLFOH RIYHKLFOHV$Q\SRUWLRQRI
/HQJWK $Q\YHKLFOH combination of
RSHUDWLQJVLQJO\ vehicles or any
Vehicle in ORDGWKHUHRQ 2QHWKLUG
combination of the
RIYHKLFOHV length
Combination of of the
vehicles, wheelbase
LQFOXGLQJORDG of the
Combination of combination
vehicles that includes RIYHKLFOHV
a stinger-steered ___________________________________
SROHWUDLOHU
(4) Length of [1983FFF
load on
YHKLFOH $Q\YHKLFOH
F@
operating 818.090 Violation of maximum size
singly or as a
unit in
limits; civil liability;
a combination SHQDOWLHV$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
permitted the vehicle or combination to be so (7) Pneumatic tires made of elastic mate-
operated and the owner shall be liable for any ULDOÁH[LEOHPXGÁDSVÁH[LEOHIHQGHUVVDIHW\
penalties imposed under subsection (4) of this accessories such as clearance lights, rub rails
VHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ and binder chains, and appurtenances such as
(2) The application of this section is subject door handles, door hinges and turning signal
to the exemptions from this section established brackets may exceed the maximum allowable
XQGHU256 ZLGWKGHVFULEHGLQ7DEOH,RI256E\
a distance not greater than two inches on each
(3) Violation of the offense described in this VLGHRIWKHYHKLFOH
section is subject to civil liability under ORS
(8) Rearview mirrors may exceed the max-
LPXPDOORZDEOHZLGWKGHVFULEHGLQ7DEOH,RI
(4) The offense described in this section, vio- 256
lation of maximum size limits, is punishable
according to the schedule of penalties estab- (9) Notwithstanding the maximum allow-
OLVKHGLQ256>F@ able length of vehicles and loads on vehicles
XQGHU7DEOH,RI256SXEOLFXWLOLWLHV
818.100 Exemptions from size limita- telecommunications utilities, people’s utilities
tions. This section establishes exemptions GLVWULFWVDQGFRRSHUDWLYHUXUDOHOHFWULÀFDWLRQ
from the maximum size limitations under ORS districts or common or contract carriers when
DQG7KHH[HPSWLRQVXQGHU acting as agent for or on direct orders of such a
this section are in addition to any exemptions utility or district, for the purpose of transport-
XQGHU2562SHUDWLRQLQDFFRUGDQFH ing and hauling poles, piling or structures used
with one of the exemptions described is not or to be used in connection with their business,
VXEMHFWWR256([HPSWLRQVDUHSDU- may use and operate upon any highway of this
WLDORUFRPSOHWHDVGHVFULEHGLQWKHIROORZLQJ state any combination of vehicles having an
(1) The maximum size limits do not apply overall length including load the total length
on any way, thoroughfare or place owned by a of which is not in excess of 80 feet unless an
district formed under ORS chapters 545, 547, HPHUJHQF\H[LVWV
551 or a corporation formed under ORS chapter (10) The load on a semitrailer may exceed
the maximum length established under ORS
(2) The maximum size limits do not apply on 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 F([FHHGDQRYHUDOOOHQJWKSHUPLWWHGE\
(3) The maximum size limits do not apply a rule, resolution or ordinance adopted under
to any vehicle, combination of vehicles, arti- 256
cle, machine or other equipment while being (11) The load upon a truck tractor and
used by the federal government, the State of pole trailer may exceed the maximum length
Oregon or any county or incorporated city in HVWDEOLVKHGXQGHU256LIWKHRYHUDOO
the construction, maintenance or repair of length does not exceed that authorized by a
public highways and at the immediate loca- rule, resolution or ordinance adopted under
tion or site of such construction, maintenance 256
RUUHSDLU (12) None of the size limits described under
(4) The maximum size limits do not apply 256H[FHSWWKHPD[LPXPOLPLWRI
to vehicles while being used on the roads of a allowable extension beyond the last axle of a
road authority by mass transit districts for FRPELQDWLRQRIYHKLFOHVXQGHU7DEOH,,DSSO\
WKHSXUSRVHVDXWKRUL]HGXQGHU256 to implements of husbandry hauled, towed
WRSURYLGHGWKHVL]HRIWKHYHKLFOHVLV or moved upon any highway not a part of the
DSSURYHGE\WKHURDGDXWKRULW\IRUWKHURDGV )HGHUDO ,QWHUVWDWH +LJKZD\ 6\VWHP LI WKH
(5) Size limits are not applicable in any place movement is incidental to a farming operation
DQGWRWKHH[WHQWVL]HOLPLWVDUHPRGLÀHGE\ and the owner of the implement of husbandry
D URDG DXWKRULW\ XQGHU 256 7KH is engaged in farming or if the owner is hired
exemption under this subsection is subject to by or under contract to a farmer to perform
the limitations imposed by the road author- DJULFXOWXUDODFWLYLWLHV
ity exercising the powers granted under ORS (13) The rear overhang of a combination
of vehicles described in this subsection may
2SHUDWLRQVDXWKRUL]HGWRH[FHHGVL]H extend more than one-third but not more
limits by a variance permit issued under ORS than one-half the length of the wheelbase of
DUHVXEMHFWWRWKHWHUPVRIWKHSHUPLW WKHFRPELQDWLRQRIYHKLFOHV7KLVVXEVHFWLRQ
,WVKDOOEHDGHIHQVHWRDQ\FKDUJHRIYLROD- is applicable to any combination of vehicles
WLRQRI256LIWKHSHUVRQVRFKDUJHG consisting of a motor vehicle towing any of the
produces a variance permit issued under ORS IROORZLQJ
DXWKRUL]LQJWKHRSHUDWLRQRIWKHYHKL- D$WUDYHOWUDLOHU
cle or combination of vehicles issued prior to
DQGYDOLGDWWKHWLPHRIWKHRIIHQVH
(4) The limit on the number of vehicles that penalties imposed under subsection (5) of this
may be operated in combination does not apply VHFWLRQDVDUHVXOWRIWKHRSHUDWLRQ
to any vehicles while being used on the roads (2) The authority to establish and change
of a road authority by mass transit districts use limits for purposes of the prohibitions
IRUSXUSRVHVDXWKRUL]HGXQGHU256 and penalties under this section is under ORS
WRSURYLGHGWKHXVHRIWKHYHKLFOHVLV
DSSURYHGE\WKHURDGDXWKRULW\IRULWVURDGV
(3) The application of this section is subject
(5) Operations authorized to exceed the to the exemptions from this section established
limit on the number of vehicles that may be XQGHU256
operated in combination by a variance permit
LVVXHGXQGHU256DUHVXEMHFWWRWKH (4) Violation of the offense described in this
WHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVHWRDQ\ section is subject to civil liability under ORS
FKDUJHRIYLRODWLRQRI256LIWKHSHUVRQ
so charged produces a variance permit issued (5) The offense described in this section,
XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ violation of posted limits of use of a road, is a
of the combination of vehicles issued prior to &ODVV'WUDIÀFYLRODWLRQ>F
DQGYDOLGDWWKHWLPHRIWKHRIIHQVH FFF@
,QGULYHDZD\RSHUDWLRQVWKUHHYHKLFOHV 818.140 Exemptions from posted use
may be coupled together by a double sad- limits. This section establishes exemptions
dle-mount method or by a single saddle-mount IURP 256 7KH H[HPSWLRQV XQGHU
and tow bar method or four vehicles by a triple this section are in addition to any under ORS
VDGGOHPRXQWPHWKRG 2SHUDWLRQLQDFFRUGDQFHZLWKRQHRI
(7) A combination of three implements of the exemptions described is not subject to ORS
husbandry or two implements of husbandry ([HPSWLRQVDUHSDUWLDORUFRPSOHWH
hauled or towed by another vehicle may be DVGHVFULEHGLQWKHIROORZLQJ
operated on a highway without violation of (1) Posted use limits do not apply on any
WKHOLPLWVXQGHU256 way, thoroughfare or place owned by a district
(8) A truck tractor and semitrailer drawing formed under ORS chapters 545, 547, 551 or a
one trailer or a truck tractor and semitrailer FRUSRUDWLRQIRUPHGXQGHU256FKDSWHU
drawing one additional semitrailer mounted on (2) Posted use limits do not apply on any
DGROO\HTXLSSHGZLWKDÀIWKZKHHOKLWFKPD\ road or thoroughfare or property in private
be operated on a highway without violation of ownership or any road or thoroughfare, other
WKHOLPLWVXQGHU256 than a state highway or county road, used pur-
(9) A truck tractor and semitrailer drawing a suant to any agreement with any agency of the
balance trailer with a length not in excess of 15 United States or with a licensee of such agency
feet and a loaded weight not in excess of 8,000 RUERWK
pounds or drawing a dolly may be operated on (3) Posted use limits do not apply to any vehi-
a highway without violation of the limits under cle, combination of vehicles, article, machine
256>FF or other equipment while being used by the
FF@ federal government, the State of Oregon or any
county or incorporated city in the construction,
POSTED USE LIMITS maintenance or repair of public highways and
at the immediate location or site of such con-
818.130 Violation of posted limits on VWUXFWLRQPDLQWHQDQFHRUUHSDLU
use; civil liability; penalty. (1) A person
commits the offense of violation of posted limits (4) Posted use limits do not apply to vehicles
on use of a road if the person does any of the while being used on the roads of a road author-
IROORZLQJ ity by mass transit districts for the purposes
DXWKRUL]HGXQGHU256WR
(a) Drives or moves on a highway any vehicle provided the use of the vehicles is approved
or combination of vehicles that exceeds any use E\WKHURDGDXWKRULW\IRUWKDWURDG
limits, other than weight limits, imposed on the
highway or portion of highway and indicated by (5) Operations authorized by a variance
DSSURSULDWHVLJQVJLYLQJQRWLFHRIWKHOLPLWV SHUPLWLVVXHGXQGHU256DUHVXEMHFW
WRWKHWHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVH
(b) Owns a vehicle or combination of vehicles WRDQ\FKDUJHRIYLRODWLRQRI256LI
and causes or permits the vehicle or combi- the person so charged produces a variance
nation of vehicles to be driven or moved on SHUPLWLVVXHGXQGHU256DXWKRUL]LQJ
a highway when the vehicle or combination the operation of the vehicle or combination of
exceeds any use limits, other than weight vehicles issued prior to and valid at the time
limits, imposed on the highway or portion of RIWKHRIIHQVH>F@
highway and indicated by appropriate signs
JLYLQJQRWLFHRIWKHOLPLWV2SHUDWLRQRIDQ\
vehicle or combination of vehicles in violation TOWING SAFETY
of this section is prima facie evidence that the 818.150 Safety requirements for towing.
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\
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 HVWDEOLVKHGXQGHU256
bar, coupling device and other connections (b) Owns a vehicle or combination of vehicles
PXVW EH RI VXIÀFLHQW VWUHQJWK WR KROG WKH and causes or permits the vehicle or combi-
weight of the towed vehicle upon any grade of nation of vehicles to be driven or moved on a
KLJKZD\ZKHUHRSHUDWHG highway when the vehicle or combination of
,IRQHYHKLFOHLVWRZLQJDQRWKHUWKHFRQ- vehicles is in violation of the safety require-
nections of the tow bar, coupling device and ments for towing vehicles established under
other connections must be properly mounted 2562SHUDWLRQRIDQ\YHKLFOHRUFRP-
ZLWKRXWH[FHVVLYHVODFNEXWZLWKVXIÀFLHQWSOD\ bination of vehicles in violation of this section
to allow for universal action of the connections is prima facie evidence that the owner of the
and provided with a suitable locking means to vehicle or combination caused or permitted
prevent accidental separation of the towed and the vehicle or combination to be so operated
WRZLQJYHKLFOHV and the owner shall be liable for any penalties
imposed under subsection (4) of this section as
,IDQ\YHKLFOHLVWRZLQJDQRWKHUYHKLFOH DUHVXOWRIWKHRSHUDWLRQ
and the connection between the vehicle is a
FKDLQURSHFDEOHRUDQ\ÁH[LEOHPDWHULDOD (2) The application of this section is subject
UHGÁDJRUFORWKQRWOHVVWKDQLQFKHVVTXDUH to the exemptions from this section established
PXVWEHGLVSOD\HGXSRQWKHFRQQHFWLRQ XQGHU256
(4) Any vehicle being towed must not whip (3) Violation of the offense described in this
or swerve from side to side dangerously or section is subject to civil liability under ORS
unreasonably or fail to follow substantially
LQWKHSDWKRIWKHWRZLQJYHKLFOH (4) The offense described in this section,
(5) Any towed vehicle in a combination of violation of towing safety requirements, is a
vehicles must be equipped with one or more &ODVV%WUDIÀFYLRODWLRQ>F
safety chains or cables that meet all of the F@
IROORZLQJUHTXLUHPHQWV 818.170 Exemptions from towing safety
(a) The chains or cables must be so con- requirements. This section establishes
nected to the towed and towing vehicle and exemptions from the towing safety require-
to the tow bar as to prevent the tow bar from PHQWV XQGHU 256 DQG
dropping to the ground in the event the tow ([HPSWLRQVXQGHUWKLVVHFWLRQDUHLQDGGLWLRQ
EDURUFRXSOLQJGHYLFHIDLOV WRDQ\XQGHU2562SHUDWLRQLQDFFRU-
dance with one of the exemptions described
(b) The chains or cables must have a tensile LVQRWVXEMHFWWR256([HPSWLRQV
strength equivalent to the loaded weight of are partial or complete as described in the
the towed vehicle and a means of attachment IROORZLQJ
WRWKHWRZHGDQGWRZLQJYHKLFOHRIVXIÀFLHQW
strength to control the towed vehicle in event (1) The requirements for mounting and slack
WKHWRZEDURUFRXSOLQJGHYLFHIDLOV RIWRZLQJFRQQHFWLRQVXQGHU256
do not apply where the towed vehicle is tem-
(c) The chains or cables must be attached SRUDULO\GLVDEOHG
with no more slack than is necessary to permit
SURSHUWXUQLQJ (2) The requirements for safety chains or
FDEOHVXQGHU256GRQRWDSSO\WR
$Q\FRXSOLQJGHYLFHRQDQ\WRZLQJYHKL- WKHIROORZLQJ
cle used as a connection for the tow bar on any
towed vehicle having a loaded weight in excess (a) A temporarily disabled vehicle that is
RISRXQGVVKDOOEHÀUPO\DWWDFKHGWRWKH EHLQJWRZHGE\DQRWKHUYHKLFOH
frame or to a solid connection to the frame and E$GROO\ZLWKRXWDWRZEDU
QRWRQO\WRWKHEXPSHURIWKHWRZLQJYHKLFOH (c) A semitrailer coupled to a towing vehicle
(7) Vehicle connecting devices for any vehicle ZLWKDÀIWKZKHHOKLWFKRUDQ\EDOODQGVRFNHW
with a loaded weight of not more than 10,000 type assembly that is positioned above and
pounds must be constructed or equipped as IRUZDUGRIWKHUHDUD[OHRIWKHWRZLQJYHKLFOH
required under minimum standards adopted To qualify for the exemption under this sub-
by the Department of Transportation for pur- section, the assembly must be designed so that
SRVHVRIWKLVVXEVHFWLRQ6WDQGDUGVDGRSWHGIRU the upper and lower halves of the assembly
purposes of this subsection shall conform to the may not be separated without being manually
current standards of the Society of Automotive UHOHDVHG
(QJLQHHUVRURWKHUZLGHO\DFFHSWHGVWDQGDUGV (d) A booster axle bolted or pinned to another
WKDWDUHDSSOLFDEOH>FF vehicle that redistributes weight from one or
F@ more axles and pivots from side to side at
818.160 Violating towing safety require- the connection point or has wheels that steer
ments; civil liability; penalty. (1) A person GXULQJWXUQLQJ
commits the offense of violating towing safety (3) Operations exempt from the towing
requirements if the person does any of the safety requirements by a variance permit
IROORZLQJ LVVXHGXQGHU256DUHVXEMHFWWRWKH
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
___________________________________ ___________________________________
(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>FF
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government, State of Oregon or any county FFF
or incorporated city or not being used at the FFF
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(5) Combinations of vehicles having a com- 818.220 Requirements, conditions and
bined loaded weight in excess of that authorized procedures for issuance of variance
XQGHU7DEOH,,,RI256 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 ,QLVVXLQJDSHUPLWWKHURDGDXWKRULW\
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A vehicle engaged in the transportation of sec-
ondary wood products may also transport a (a) Grant a permit that is valid for a single
divisible load of secondary wood products that WULSDQXPEHURIWULSVRUFRQWLQXRXVRSHUDWLRQ
otherwise exceeds allowable load length limits E(VWDEOLVKVHDVRQDORURWKHUWLPHOLPLWD-
LI WLRQVRQDSHUPLW
(a) The load contains a permitted, nondivis- F(VWDEOLVKDQ\DGGLWLRQDOWHUPVOLPLWV
ible secondary wood product that exceeds the or conditions on a permit that are necessary
OHQJWKDOORZHGLQ256RU or desirable for the protection of the highways
(b) The divisible load does not exceed the DQGVWUHHWVDQGWKHSXEOLFLQWHUHVW
length allowed for the nondivisible wood prod- (d) Require the applicant to furnish public
uct in the permit; and liability and property damage insurance in an
(c) Not more than 49 percent of each divisible DPRXQWÀ[HGE\WKHJUDQWLQJDXWKRULW\
load item, by length or weight, authorized by (e) Require the applicant to furnish indem-
this subsection overhangs the vehicle trans- nity insurance or an indemnity bond, in an
SRUWLQJWKHORDG DPRXQWÀ[HGE\WKHJUDQWLQJDXWKRULW\WR
(7) A vehicle engaged in the transportation $,QGHPQLI\WKHURDGDXWKRULW\IRUDQ\
of lumber, veneer or plywood, which may be damage to the highways or streets that may
issued a permit for an overwidth load if the be caused under the permit; and
width of the divisible load does not exceed nine %,QGHPQLI\WKHPHPEHUVRIÀFHUVHPSOR\-
IHHW ees and agents of the road authority from any
(8) A vehicle transporting an overheight claim that might arise out of the granting of
marine container to or from a marine port the permit and the use of the highways under
IDFLOLW\ WKHSHUPLW
(9) A vehicle or combination of vehicles (f) Require a demonstration by the appli-
engaged in hauling grass seed straw, grass cant to establish that operation under a permit
hay or cereal grain straw, which may be issued ZRXOG
DSHUPLWWRDOORZWKHORDGWREHXSWRIHHW (A) Stay on the right side of the center line
LQFKHVKLJK$SHUPLWLVVXHGXQGHUWKLVVXE- of the traveled way at all times; and
section shall be valid for one year and shall
specify the routes over which the overheight %$OORZVXIÀFLHQWURRPLQWKHRSSRVLQJ
ORDGPD\EHKDXOHG WUDIÀFODQHIRUWKHVDIHPRYHPHQWRIRWKHU
YHKLFOHV
(10) A vehicle or combination of vehicles that
has a variance permit and that can carry items (2) A permit shall be in writing and shall
related to the already permitted load without VSHFLI\
increasing the size of the vehicle needed to (a) All highways or streets over which the
FDUU\WKHLWHPUHTXLULQJWKHYDULDQFHSHUPLW SHUPLWLVYDOLG
(11) A vehicle engaged in hauling poplar logs (b) Any vehicle, combination of vehicles,
or the processing residual from the logs, which load, article, property, machine or thing
may be issued an annual overwidth permit for DOORZHGXQGHUWKHSHUPLW
a vehicle and load with a combined width of not
PRUHWKDQIHHW7KHDQQXDOSHUPLWVKDOO (c) Maximum dimensions and maximum
allow movement of the vehicle only on Patter- ZHLJKWVDOORZHGXQGHUWKHSHUPLW
son Ferry Road and Frontage Road in Morrow (3) A road authority may not issue a permit
County and only for a distance of 5,000 feet or XQGHUWKLVVHFWLRQ
OHVV
D7KDWLVYDOLGIRUORQJHUWKDQRQH\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
(b) Until any insurance or bond required (b) Authority that is not subject to the lim-
XQGHUWKLVVHFWLRQLVÀOHGZLWKDQGDFFHSWHG LWDWLRQVXQGHU256
E\WKHJUDQWLQJDXWKRULW\ (c) Any provisions or requirements the road
(c) Until the granting authority has inves- authority determines may simplify or expedite
tigated any representations made in the WKHSURFHVVRILVVXLQJSHUPLWV
DSSOLFDWLRQIRUWKHSHUPLW G([FOXVLRQVIURPWKHSURKLELWLRQVDQG
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specify highways on which a vehicle or combi- or vehicle complies with the conditions of the
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(4) An application for a permit issued under (e) Applicability of the penalties provided
this section shall be in writing and shall XQGHU256DQGIRU
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(a) The vehicle, combination of vehicles, load, (9) Notwithstanding any other provision of
article, property, machine or thing for which this section, if a road authority other than the
the permit is requested; state issues a variance permit for a divisible
(b) The particular highways and streets for load with a combined weight of more than
which the permit is sought; and 80,000 pounds, the variance permit shall be
a one-year permit that is valid for continuous
(c) Whether the permit is sought for a single RSHUDWLRQ
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(10) The Department of Transportation may
7KLVVHFWLRQGRHVQRWDXWKRUL]H adopt rules to establish uniform requirements
D ([FHSW DV VSHFLÀHG LQ D SHUPLW DQ\ and consistent mitigation strategies that a
vehicle, combination of vehicles, load, arti- road authority must apply as conditions for
cle, property, machine or thing for which the operation of a truck tractor and semitrailer
permit is issued to be operated or moved con- combination under an overlength variance
WUDU\WRDQ\SURYLVLRQVRIWKHYHKLFOHFRGH SHUPLWLVVXHGXQGHU256>F
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(b) Any movement or operation of a vehicle, @
combination of vehicles, load, article, property,
PDFKLQHRUWKLQJXQWLODSHUPLWLVLVVXHG 818.225 Road use assessment fee for
single-trip nondivisible load permittee;
7KHURDGDXWKRULW\PD\DSSRLQWDQ\RI definition of “equivalent single-axle
LWVRIÀFHUVHPSOR\HHVRUDJHQWVWREHSUHVHQW load”; rules. D,QDGGLWLRQWRDQ\IHHIRU
DWDQGGXULQJWKHPRYHPHQW7KHSUHVHQFHRI a single-trip nondivisible load permit, a person
any person so appointed and any interference who is issued the permit or who operates a
or suggestion made by that person shall not vehicle in a manner that requires the permit is
be considered supervision of the movement liable for payment of a road use assessment fee
and shall not relieve the permit holder, or the of seven and one-tenths cents per equivalent
permit holder’s insurers or sureties, from lia- VLQJOHD[OHORDGPLOHWUDYHOHG$VXVHGLQWKLV
ELOLW\IRUDQ\GDPDJHGRQHE\WKHPRYHPHQW VXEVHFWLRQ´HTXLYDOHQWVLQJOHD[OHORDGµPHDQV
,ILQWKHRSLQLRQRIWKHSHUVRQDSSRLQWHGWR the relationship between actual or requested
be present at and during the movement, any weight and an 18,000 pound single-axle load
of the terms and conditions of the permit are as determined by the American Association
not being complied with, that person may order RI6WDWH+LJKZD\DQG7UDQVSRUWDWLRQ2IÀ-
WKHPRYHPHQWWREHVWRSSHG cials Road Tests reported at the Proceedings
(7) Any permit may be canceled at any time &RQIHUHQFHRI7KH'HSDUWPHQWRI7UDQV-
by the road authority upon proof satisfactory portation may adopt rules to standardize
WRLWWKDW the determination of equivalent single-axle
load computation based on average highway
(a) The permit holder has violated any of the FRQGLWLRQV
terms of the permit;
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
F7KHSXEOLFLQWHUHVWUHTXLUHVFDQFHOODWLRQ DPRXQWGXH7KHDFFRXQWVKDOOEHFRQVLGHUHG
GHOLQTXHQWLIQRWSDLGZLWKLQGD\VRIELOOLQJ
(8) A road authority may establish a pro-
gram for issuance of permits that is not (c) The miles of travel authorized by a
subject to any requirements, conditions or single-trip nondivisible load permit shall be
SURFHGXUHVGHVFULEHGXQGHUWKLVVHFWLRQ$ H[HPSWIURPWD[DWLRQXQGHU256FKDSWHU
program established under this subsection (2) The department by rule may establish
shall be established by rule or resolution, as procedures for payment, collection and enforce-
DSSURSULDWH$SURJUDPHVWDEOLVKHGXQGHUWKLV ment of the fees and assessments established
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(a) Provisions and requirements that differ FFF
from those otherwise required under this F@
VHFWLRQ 818.230 Sifting or leaking load permit;
duration; fee. A sifting or leaking load permit
is a vehicle permit that is issued as evidence of
a grant of authority to operate a vehicle loaded (4) No fee shall be charged for issuance of a
or constructed in a manner that, without the permit to the federal government, agencies of
SHUPLWZRXOGYLRODWH256(DFKURDG WKH6WDWHRI2UHJRQFRXQWLHVRUFLWLHV>
authority shall grant permits for its own high- F@
ZD\V3HUPLWVLVVXHGXQGHUWKLVVHFWLRQVKDOO 3HUPLWIRUÀUHFRPSDQ\ZDUQ-
FRPSO\ZLWKDOORIWKHIROORZLQJ ing lights. The governing body of a rural
3HUPLWVVKDOOEHLQZULWLQJ ÀUHSURWHFWLRQGLVWULFWRURIDPXQLFLSDOÀUH
(2) Permits shall be issued only for the department may issue written authorization
IROORZLQJ IRUWKHXVHRIÀUHFRPSDQ\ZDUQLQJOLJKWVRQ
YHKLFOHVWKDWDUHXVHGZKLOHGULYLQJWRDÀUH
(a) Vehicles transporting food processing VWDWLRQRUÀUHORFDWLRQLQUHVSRQVHWRDÀUH
plant by-products to be used for livestock feed DODUP:ULWWHQDXWKRUL]DWLRQLVVXHGXQGHUWKLV
RUIHUWLOL]HUIURPZKLFKWKHUHLVÁXLGOHDNDJH VHFWLRQVKDOOFRPSO\ZLWKDOORIWKHIROORZLQJ
(b) Vehicles transporting agricultural prod- (1) Written authorization may be issued only
XFWVIURPZKLFKWKHUHLVÁXLGOHDNDJHZKLOH to authorize use of the warning lights on any
the vehicles are en route from the place of vehicle, whether publicly or privately owned,
harvest to a place where the products will be LIXVHGE\
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(3) Permits shall be issued for a maximum XQWHHU ÀUHÀJKWHU VHOHFWHG E\ WKH ERDUG RI
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(4) Permits are revocable if the issuing road organized under ORS chapter 478; or
DXWKRULW\ÀQGVWKDWWKHDPRXQWRUFKDUDFWHU E$Q\SHUVRQDXWKRUL]HGWRVHUYHDVÀUH
RIWKHÁXLGOHDNDJHLVVXFKWKDWLWFRQVWLWXWHV FKLHIDVVLVWDQWÀUHFKLHIRUYROXQWHHUÀUH-
DGDQJHUWRRWKHUYHKLFOHV ÀJKWHUE\WKHJRYHUQLQJERG\RIDQ\PXQLFLSDO
(5) The fee for issuance of a sifting or leaking ÀUHGHSDUWPHQW
ORDGSHUPLWLVDVSURYLGHGXQGHU256 (2) Any lights authorized under this sec-
1RIHHVKDOOEHFKDUJHGIRULVVXDQFHRID tion must be and remain the property of the
permit to the federal government, agencies of UXUDOÀUHSURWHFWLRQGLVWULFWRUPXQLFLSDOLW\
WKH6WDWHRI2UHJRQFRXQWLHVRUFLWLHV> LQYROYHG>FF@
FF@ 818.260 Permit for use of bus safety
818.235 Permit for wide load of hay lights on certain buses; rules; fee. (1)
bales. 1RWZLWKVWDQGLQJ 256 D Upon receipt of a qualifying application and
granting authority may issue a permit under payment of any fee required, the Department
256IRUDQ\YHKLFOHRUFRPELQDWLRQRI of Transportation shall issue a permit that will
vehicles engaged in the transportation of hay allow the use of bus safety lights described
bales with a manufactured width of more than LQ256RQDQ\EXVWKDWLVRSHUDWHG
three feet, if the total width of load does not by a religious organization while the bus is
exceed 10 feet and the load is not wider than being used to transport children to and from
WKHSDUWRIWKHYHKLFOHWKDWFDUULHVWKHORDG religious services or an activity or function
Vehicle width may be temporarily extended in DXWKRUL]HGE\WKHUHOLJLRXVRUJDQL]DWLRQ
RUGHUWRTXDOLI\IRUDSHUPLWXQGHUWKLVVHFWLRQ (2) The department shall adopt rules neces-
>F@ VDU\WRFDUU\RXWWKLVVHFWLRQ7KHGHSDUWPHQW
1RWHZDVHQDFWHGLQWRODZE\WKH/HJ- (a) May establish standards for application
islative Assembly but was not added to or made IRUDSHUPLWXQGHUWKLVVHFWLRQ
a part of ORS chapter 818 or any series therein
E\OHJLVODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ (b) May require a fee for issuance of a permit
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ under this section as provided under ORS
818.240 Dragging permit; fee. A dragging
permit is a vehicle permit that is issued as (c) May provide for the revocation of a permit
evidence of a grant of authority to drag some- if the lights are used in circumstances not
thing upon or over the surface of the highway GHVFULEHGLQWKLVVHFWLRQ
ZLWKRXWYLRODWLRQRI256([FHSWDV (d) Shall adopt rules for operation of lights
otherwise provided in this section, each road XQGHUDSHUPLWLVVXHGXQGHUWKLVVHFWLRQ7KH
authority shall grant permits for its own high- standards adopted under this paragraph shall
ZD\V3HUPLWVLVVXHGXQGHUWKLVVHFWLRQVKDOO require the lights to be operated in a manner
FRPSO\ZLWKDOORIWKHIROORZLQJ similarly to the manner for operation of the
3HUPLWVVKDOOEHLQZULWLQJ VDPHOLJKWVRQVFKRROEXVHV
(2) The Department of Transportation has (e) Shall require, before issuance of a permit
the authority for issuance of permits on city under this section, that the vehicle be equipped
streets over which a state highway is routed ZLWKERWKDOWHUQDWHO\ÁDVKLQJDPEHUEXVVDIHW\
SXUVXDQWWR256 OLJKWVDQGDOWHUQDWHO\ÁDVKLQJUHGEXVVDIHW\
OLJKWV>F@
(3) The fee for issuance of a dragging permit
LVDVSURYLGHGXQGHU256 818.270 Fees for permits. (1) The fee
for issuance of a variance permit under ORS
PD\EHDQ\DPRXQWGHWHUPLQHGE\D
URDGDXWKRULW\QRWWRH[FHHG,IWKHYDULDQFH WRWKHWHUPVRIWKHSHUPLW,WLVDGHIHQVHWR
permit is issued by a private contractor, the DQ\FKDUJHRIYLRODWLRQRI256LIWKH
contractor may charge an additional fee not person so charged produces a permit issued
WRH[FHHG XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ
(2) The fee for issuance of a sifting or leaking of the vehicle or combination of vehicles issued
ORDGSHUPLWXQGHU256LV SULRUWRDQGYDOLGDWWKHWLPHRIWKHRIIHQVH
>FFF
(3) The fee for issuance of a dragging permit @
XQGHU256LV
818.320 Dragging objects on highway;
(4) The fee for issuance of a permit under civil liability; penalty. (1) A person commits
256IRUWKHXVHRIEXVVDIHW\OLJKWVLV the offense of dragging objects on a highway if
a fee established by rule by the Department of WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ
7UDQVSRUWDWLRQ$Q\IHHHVWDEOLVKHGIRUSXU-
poses of this subsection shall not exceed the (a) Drives or moves on a highway any vehi-
DFWXDOFRVWVRILVVXLQJWKHSHUPLW>F cle or combination of vehicles that is dragging
FFF upon or over the surface of the highway any
FF@ ORJVSROHVSLOLQJRURWKHUWKLQJ
(b) Owns a vehicle or combination of vehicles
and causes or permits the vehicle or combi-
PERMIT OFFENSES nation of vehicles to be driven or moved on
818.300 Operating with sifting or a highway while dragging upon or over the
leaking load; civil liability; penalty. (1) A surface of the highway any logs, poles, piling
person commits the offense of operating with RURWKHUWKLQJ2SHUDWLRQRIDQ\YHKLFOHRUFRP-
a sifting or leaking load if the person does any bination of vehicles in violation of this section
RIWKHIROORZLQJ is prima facie evidence that the owner of the
vehicle or combination caused or permitted
(a) Drives or moves on a highway any the vehicle or combination to be so operated
vehicle or combination of vehicles that is so and the owner shall be liable for any penalties
constructed or loaded so as to allow its con- imposed under subsection (4) of this section as
tents to drop, sift, leak or otherwise escape DUHVXOWRIWKHRSHUDWLRQ
WKHUHIURP
(2) The application of this section is subject
(b) Owns a vehicle or combination of vehicles to the exemptions from this section established
and causes or permits the vehicle or combi- XQGHU256
nation of vehicles to be driven or moved on a
highway when the vehicle or combination of (3) Violation of the offense described in this
vehicles is so constructed or loaded so as to section is subject to civil liability under ORS
allow its contents to drop, sift, leak or other-
ZLVHHVFDSHWKHUHIURP (4) The offense described in this section,
(2) The application of this section is subject dragging objects on a highway, is a Class D
to the exemptions from this section established WUDIÀFYLRODWLRQ>FF
XQGHU256 F@
(3) Violation of the offense described in this 818.330 Exemptions from prohibition
section is subject to civil liability under ORS on dragging objects on highway. This sec-
WLRQHVWDEOLVKHVH[HPSWLRQVIURP256
The exemptions in this section are in addi-
(4) The offense described in this section, WLRQWRDQ\XQGHU256([HPSWLRQV
operating with a sifting or leaking load, is a are partial or complete as described in the
&ODVV%WUDIÀFYLRODWLRQ>F IROORZLQJ
F@
(1) Operations authorized under terms of a
818.310 Exemptions from prohibition SHUPLWLVVXHGXQGHU256DUHVXEMHFW
on sifting and leaking load. This section WRWKHWHUPVRIWKHSHUPLW,WVKDOOEHDGHIHQVH
HVWDEOLVKHVH[HPSWLRQVIURP2567KH WRDQ\FKDUJHRIYLRODWLRQRI256LIWKH
exemptions under this section are in addition person so charged produces a permit issued
WRDQ\H[HPSWLRQVXQGHU256([HPS- XQGHU256DXWKRUL]LQJWKHRSHUDWLRQ
tions are partial or complete as described in issued prior to and valid at the time of the
WKHIROORZLQJ RIIHQVH
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 256GRHVQRWDSSO\RQDQ\URDG
or thoroughfare or property in private owner- thoroughfare or property in private ownership
ship or any road or thoroughfare, other than a or any road or thoroughfare, other than a state
state highway or county road, used pursuant to highway or county road, used pursuant to
any agreement with any agency of the United any agreement with any agency of the United
6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK 6WDWHVRUZLWKDOLFHQVHHRIVXFKDJHQF\RUERWK
(3) Operations authorized under the terms of >FF@
DSHUPLWLVVXHGXQGHU256DUHVXEMHFW
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>FF
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 D([FHSWDVRWKHUZLVHSURYLGHGLQWKLV
of vehicles in violation of this section is prima VHFWLRQXSRQDÀUVWFRQYLFWLRQDQRIIHQVHLV
facie evidence that the owner of such vehicle SXQLVKDEOHDVD&ODVV'WUDIÀFYLRODWLRQ
or combination caused or permitted it to be so (b) Upon a second conviction within one year
operated and the owner shall be liable for any DIWHUWKHÀUVWFRQYLFWLRQDQRIIHQVHLVSXQLVK-
SHQDOWLHVLPSRVHGXQGHUWKLVVHFWLRQ DEOHDVD&ODVV&WUDIÀFYLRODWLRQ
(4) The offense described in this section, (c) Upon a third or subsequent conviction
failure to comply with commercial vehicle ZLWKLQ RQH \HDU DIWHU WKH ÀUVW FRQYLFWLRQ
enforcement requirements, is a Class B mis- DQRIIHQVHLVSXQLVKDEOHDVD&ODVV%WUDIÀF
GHPHDQRU7KHSHQDOW\SURYLGHGXQGHUWKLV YLRODWLRQ
subsection is in addition to any penalty pro- (2) Any offense that is described in ORS
vided for violation of any prohibition relating RUDQGWKDWLVQRWSXQLVKDEOH
to vehicle weight, size, load, conformation or under subsection (1) of this section, is punish-
HTXLSPHQW>FF DEOHDVD&ODVV'WUDIÀFYLRODWLRQ>F
FFF FFF
FF@ F@
818.410 Civil liability for certain viola- 818.430 Penalties for violation of weight
tions. The owner and driver of anything using requirements. This section establishes
a state, county or city highway, street or bridge VFKHGXOHVRISUHVXPSWLYHÀQHVIRUYLRODWLRQV
in violation of the sections described in this of maximum weight requirements under the
section are jointly and severally liable to the YHKLFOHFRGH7KHSDUWLFXODUVFKHGXOHDSSOLFD-
state, county or city for all damage done as a ble is the schedule designated in the section
UHVXOWRIWKHYLRODWLRQ/LDELOLW\WRWKHVWDWH HVWDEOLVKLQJWKHRIIHQVH8SRQFRQYLFWLRQD
county or city depends upon whether it is a SHUVRQLVSXQLVKDEOHE\DÀQHDQGRWKHUSHQ-
VWDWHFRXQW\RUFLW\KLJKZD\VWUHHWRUEULGJH DOW\HVWDEOLVKHGLQWKHVFKHGXOH)LQHVDUH
This section applies to a violation of any of the based upon the excess weight by which any
IROORZLQJ loaded weight exceeds the applicable loaded
(1) Maximum weight limits under ORS weight authorized in the provision, permit,
RUGHURUUHVROXWLRQWKHSHUVRQYLRODWHV7KH
3RVWHGZHLJKWOLPLWVXQGHU256 VFKHGXOHVDUHDVIROORZV
(3) Maximum size limits under ORS 7KHSUHVXPSWLYHÀQHVXQGHU6FKHGXOH,
DUHDVSURYLGHGLQWKLVVXEVHFWLRQ,IWKHH[FHVV
ZHLJKWLV
(4) Maximum number of vehicles in combi-
QDWLRQXQGHU256 (a) One thousand pounds or less, the pre-
VXPSWLYHÀQHLV
(5) Posted limits on use of roads under ORS
(b) More than 1,000 pounds, but not in
H[FHVVRISRXQGVWKHSUHVXPSWLYHÀQH
7RZLQJVDIHW\UHTXLUHPHQWVXQGHU256 LV
(c) More than 2,000 pounds, but not in
(7) Sifting or leaking load prohibition under H[FHVVRISRXQGVWKHSUHVXPSWLYHÀQH
256 LV
(8) Dragging object prohibition under ORS (d) More than 3,000 pounds, but not in
H[FHVVRISRXQGVWKHSUHVXPSWLYHÀQH
(9) Devices without wheels under ORS LV
(e) More than 5,000 pounds, but not in
(10) Use of prohibited metal objects on tires H[FHVVRISRXQGVWKHSUHVXPSWLYHÀQH
XQGHU256
Chapter 819
(',7,21
DESTROYED AND TOTALED VEHICLES
DESTROYED AND TOTALED VEHICLES 819.200 Exemption from notice and hearing
requirements for vehicle held in crim-
819.010 Failure to comply with requirements inal investigation
for destruction of vehicle; exception;
penalty (Sale or Disposal of Vehicle)
819.012 Failure to follow procedures for a
totaled vehicle; penalty 819.210 Sale or disposal of vehicle not
reclaimed
819.014 Insurer failure to follow procedures
for totaled vehicle; penalty 819.215 Disposal of vehicle appraised at $500
or less; notice; rules
819.016 When salvage title required; rules
819.018 Failure to notify subsequent pur- VEHICLES WITH LOW APPRAISAL VALUE
chaser of condition of vehicle; rules;
penalty 819.280 Disposal of vehicle at request of
person in lawful possession; rules
819.030 Department procedure on receipt of
title or notice
819.040 Illegal salvage procedures; penalty STOLEN VEHICLES
819.300 Possession of a stolen vehicle; penalty
ABANDONED VEHICLES 7UDIÀFNLQJLQVWROHQYHKLFOHVSHQDOW\
(Offense)
VEHICLE IDENTIFICATION NUMBERS
819.100 Abandoning a vehicle; penalty
819.400 Assignment of numbers
(Custody and Towing) )DLOXUHWRREWDLQYHKLFOHLGHQWLÀFD-
tion number for unnumbered vehicle;
819.110 Custody, towing and sale or dis- exception; penalty
posal of abandoned vehicle; general )DLOXUHWRREWDLQYHKLFOHLGHQWLÀFD-
provisions tion number for vehicle with altered
819.120 Immediate custody and towing or removed number; penalty
of vehicle constituting hazard or 7UDIÀFNLQJLQYHKLFOHVZLWKGHVWUR\HG
obstruction; rules RUDOWHUHGLGHQWLÀFDWLRQQXPEHUV
819.140 Agencies having authority to take penalty
vehicle into custody; powers of 819.440 Police seizure of vehicle without
agency taking custody LGHQWLÀFDWLRQQXPEHULQVSHFWLRQ
819.150 Rights and liabilities of owner disposition of vehicle; disposition of
819.160 Lien for towing moneys from sale
819.170 Notice prior to taking vehicle into
custody and towing; methods; VEHICLE APPRAISERS
contents
9HKLFOHDSSUDLVHUFHUWLÀFDWHUXOHV
819.180 Notice after taking into custody and
towing; method; contents 819.482 Acting as vehicle appraiser without
FHUWLÀFDWHSHQDOW\
819.185 Procedure for vehicles that have no
LGHQWLÀFDWLRQPDUNLQJV
819.190 Hearing to contest validity of custody
and towing
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- DQGGRHVQRWVXUUHQGHUWKHFHUWLÀFDWHRI
ments for destruction of a vehicle if the person title for the vehicle to the department within
wrecks, dismantles, disassembles or substan- 30 days of the date the vehicle became a totaled
tially alters the form of any vehicle that is or YHKLFOH
is required to be registered or titled under the (d) Receives or purchases a totaled vehicle
YHKLFOHFRGHRUXQGHU256FKDSWHUDQG DQGGRHVQRWVXUUHQGHUWKHFHUWLÀFDWHRIWLWOH
the person does not comply with all of the for the vehicle to the department within 30
IROORZLQJ GD\VRISXUFKDVHRUUHFHLSWRIWKHYHKLFOH
(a) The person must give notice to the (2) A person is not required to surrender
Department of Transportation, in a form WKHFHUWLÀFDWHRIWLWOHLIWKHSHUVRQLVXQDEOH
VSHFLÀHGE\WKHGHSDUWPHQWRIWKHSHUVRQ·V WRREWDLQWKHFHUWLÀFDWHIRUWKHYHKLFOH,IWKH
intention to dismantle, disassemble, wreck SHUVRQLVXQDEOHWRREWDLQWKHFHUWLÀFDWHWKH
or substantially alter the form of the vehicle person shall notify the department that the
at least seven days prior to commencement vehicle is a totaled vehicle and shall notify the
WKHUHRI 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 SURFHGXUHVDGRSWHGE\WKHGHSDUWPHQWE\UXOH
the person must deliver or mail to the depart- (4) The offense described in this section, fail-
PHQWWKHUHJLVWUDWLRQFDUGFHUWLÀFDWHRIWLWOH ure to follow procedures for a totaled vehicle, is
if one has been issued, and registration plates D&ODVV$PLVGHPHDQRU>F
of the vehicle within 30 days after the person F@
wrecks, dismantles, disassembles or substan-
WLDOO\DOWHUVWKHIRUPRIWKHYHKLFOH 819.014 Insurer failure to follow proce-
dures for totaled vehicle; penalty. (1) An
G,IQRFHUWLÀFDWHRIWLWOHKDVEHHQLVVXHG insurer commits the offense of insurer failure
for the vehicle, the person must notify the to follow procedures for a totaled vehicle if the
department in a manner determined by the insurer declares that the vehicle is a totaled
department by rule within 30 days after the YHKLFOHDQGGRHVQRW
person wrecks, dismantles, disassembles or
VXEVWDQWLDOO\DOWHUVWKHIRUPRIWKHYHKLFOH D2EWDLQWKHFHUWLÀFDWHRIWLWOHIURPWKH
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 E,IWKHLQVXUHUGRHVQRWREWDLQWKHFHU-
who are acting within the scope of a dismantler WLÀFDWHIURPWKHUHJLVWHUHGRZQHUQRWLI\WKH
FHUWLÀFDWHLVVXHGXQGHU256 department that the vehicle is a totaled vehicle
(3) The offense described in this section, within 30 days of declaring it to be so, or taking
failure to comply with requirements for title to or possession of it, and notify the regis-
destruction of vehicle, is a Class A misde- tered owner of the vehicle that the registered
PHDQRU>FF RZQHUPXVWVXUUHQGHUWKHFHUWLÀFDWHWRWKH
FFF department and must notify any subsequent
FFF 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 ([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
WKHLQVXUHU VHFWLRQZKHQWKHSURYLVLRQVRI256
E,VWKHUHJLVWHUHGRZQHURIDYHKLFOHWKDW RUUHTXLUHDSHUVRQWRVXU-
LVDWRWDOHGYHKLFOHDVGHÀQHGLQ256 render to the Department of Transportation
(2) and does not notify the department of the DFHUWLÀFDWHRIWLWOHIRUDYHKLFOHRUZKHQD
(3) A vehicle abandoned in violation of this (B) Of any freeway within the city limits
section is subject to the provisions for towing of any city in this state during the hours of 7
and sale of abandoned vehicles under ORS DPWRDPDQGSPWRSPLIWKHYHKLFOH
WR KDVDJURVVYHKLFOHZHLJKWRIPRUHWKDQ
(4) The offense described in this section, pounds;
DEDQGRQLQJDYHKLFOHLVD&ODVV%WUDIÀFYLR- (C) Of any freeway within 1,000 feet of the
ODWLRQ>FF area where a freeway exit or entrance ramp
F@ meets the freeway; or
(D) Of any highway during or into the period
(Custody and Towing) between sunset and sunrise if the vehicle pres-
819.110 Custody, towing and sale or HQWVDFOHDUGDQJHU
disposal of abandoned vehicle; general (3) As used in this section, “hazard or
provisions. (1) After providing notice required REVWUXFWLRQµ GRHV QRW LQFOXGH SDUNLQJ LQ D
XQGHU256DQGLIUHTXHVWHGDKHDULQJ designated parking area along any highway
XQGHU256DQDXWKRULW\GHVFULEHG or, except as described in subsection (2) of this
XQGHU256PD\WDNHDYHKLFOHLQWR section, parking temporarily on the shoulder of
FXVWRG\DQGWRZWKHYHKLFOHLI the highway as indicated by a short passage of
(a) The authority has reason to believe the time and by the operation of the hazard lights
vehicle is disabled or abandoned; and of the vehicle, the raised hood of the vehicle,
RUDGYDQFHZDUQLQJZLWKHPHUJHQF\ÁDUHVRU
(b) The vehicle has been parked or left stand- HPHUJHQF\VLJQV
ing upon any public way for a period in excess
of 24 hours without authorization by statute (4) An authority taking custody of a vehi-
RUORFDORUGLQDQFH cle under this section must give the notice
GHVFULEHGXQGHU256DQGLIUHTXHVWHG
(2) The power to take vehicles into custody DKHDULQJGHVFULEHGXQGHU256
under this section is in addition to any power to
WDNHYHKLFOHVLQWRFXVWRG\XQGHU256 (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 6XEMHFWWR256YHKLFOHVDQGWKH
XQGHU256 contents of vehicles taken into custody under
this section are subject to a lien as provided
(4) The person that tows a vehicle under this XQGHU256
section shall have the vehicle appraised within
a reasonable time by a person authorized to (7) The person that tows a vehicle under this
SHUIRUPVXFKDSSUDLVDOVXQGHU256 section shall have the vehicle appraised within
a reasonable time by a person authorized to
(5) Vehicles taken into custody under this SHUIRUPVXFKDSSUDLVDOVXQGHU256
section are subject to sale or disposal under
256RULIWKHYHKLFOHVDUHQRW (8) Vehicles taken into custody under this
UHFODLPHGDVSURYLGHGXQGHU256RU section are subject to sale or disposal under
returned to the owner or person entitled to 256RULIWKHYHKLFOHVDUHQRW
SRVVHVVLRQXQGHU256>F UHFODLPHGXQGHU256RUUHWXUQHGWR
FF@ the owner or person entitled thereto under ORS
819.120 Immediate custody and towing
of vehicle constituting hazard or obstruc- (9) The Oregon Transportation Commission,
tion; rules. (1) An authority described under by rule, shall establish additional criteria for
256PD\LPPHGLDWHO\WDNHFXVWRG\RI determining when vehicles on state highways,
and tow a vehicle that is disabled, abandoned, interstate highways and state property are
parked or left standing unattended on a road subject to being taken into immediate custody
or highway right of way and that is in such a XQGHUWKLVVHFWLRQ>FF
location as to constitute a hazard or obstruc- FFF
WLRQWRPRWRUYHKLFOHWUDIÀFXVLQJWKHURDGRU F@
KLJKZD\ 819.130>FF
(2) As used in this section, a “hazard or FUHSHDOHGE\F@
REVWUXFWLRQµLQFOXGHVEXWLVQRWQHFHVVDULO\ 819.140 Agencies having authority
OLPLWHGWR to take vehicle into custody; powers of
(a) Any vehicle that is parked so that any agency taking custody. (1) This section
part of the vehicle extends within the paved establishes which agency has the authority to
SRUWLRQRIWKHWUDYHOODQH WDNHYHKLFOHVLQWRFXVWRG\XQGHU256
DQG7KHDJHQF\ZLWKDXWKRULW\WR
(b) Any vehicle that is parked so that any take a vehicle into custody is responsible for
part of the vehicle extends within the highway QRWLFHDQGKHDULQJVXQGHU256WR
VKRXOGHURUELF\FOHODQH $XWKRULW\WRWDNHDYHKLFOHLQWRFXV-
(A) Of any freeway within the city limits of tody depends on the location of the vehicle as
any city in this state at any time if the vehicle GHVFULEHGXQGHUWKHIROORZLQJ
KDVDJURVVYHKLFOHZHLJKWRISRXQGVRU D,IDYHKLFOHLVXSRQWKHULJKWRIZD\RID
less; state highway, on an interstate highway that is
SDUWRIWKH1DWLRQDO6\VWHPRI,QWHUVWDWHDQG UHTXHVWDQGKDYHDKHDULQJXQGHU256
Defense Highways established under section or under procedures established under ORS
103(e), title 23, United States Code or on state DVDSSURSULDWH
property, the Department of State Police or the ,IWKHYHKLFOHLVVROGRUGLVSRVHGRIXQGHU
Department of Transportation may take the 256RUKDVQRIXUWKHUULJKW
vehicle into custody and exercise the powers title or claim to or interest in the vehicle or the
relating to authority over the vehicle described FRQWHQWVRIWKHYHKLFOH
LQWKLVVHFWLRQ$FWLRQWDNHQE\WKH'HSDUWPHQW
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 +DVQRULJKWWRDKHDULQJLIWKHYHKLFOH
within the boundaries of a county, the sheriff of LVGLVSRVHGRIXQGHU256>F
the county or a county agency with appropriate FFF
authority may take the vehicle into custody and DFF
exercise the powers relating to authority over FF@
WKHYHKLFOHGHVFULEHGLQWKLVVHFWLRQ 819.160 Lien for towing. ([FHSWDVRWK-
F,IWKHYHKLFOHLVRQDFLW\VWUHHWRUDOOH\ erwise provided by this section, a person shall
on an interstate highway or other highway have a lien on the vehicle and its contents if the
within the boundaries of the city or on any person, at the request of an authority described
other property within the boundaries of a city, XQGHU256WRZVDQ\RIWKHIROORZLQJ
the city police or a city agency with appropriate YHKLFOHV
authority may take the vehicle into custody and (a) An abandoned vehicle appraised at a
exercise the powers relating to authority over value of more than $500 by a person who holds
WKHYHKLFOHGHVFULEHGLQWKLVVHFWLRQ 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 $500 or less by
(a) Use its own personnel, equipment and DSHUVRQZKRKROGVDFHUWLÀFDWHLVVXHGXQGHU
facilities for the towing and preservation of 256
such vehicles; or (c) A vehicle left parked or standing in vio-
(b) Hire or otherwise engage other person- ODWLRQRI256RU
QHOHTXLSPHQWDQGIDFLOLWLHVIRUWKDWSXUSRVH (2) A lien established under this section
>FFF shall be on the vehicle and its contents for the
FF@ just and reasonable charges for the towing
819.150 Rights and liabilities of owner. VHUYLFHSHUIRUPHGDQGDQ\VWRUDJHSURYLGHG
The owner, a person entitled to possession or However, if the person that tows the vehicle
any person with an interest recorded on the fails to comply with the notice requirements
title of a vehicle taken into custody under ORS of subsection (3) of this section, the amount of
RU any lien claimed under this section is limited
to an amount equal to the just and reasonable
,V OLDEOH IRU DOO FRVWV DQG H[SHQVHV charges for the towing service performed and
incurred in the towing, preservation and cus- storage provided for a period not exceeding 20
WRG\RIWKHYHKLFOHDQGLWVFRQWHQWVH[FHSWWKDW days from the date the vehicle and its contents
(a) The owner, a person entitled to the vehi- ZHUHSODFHGLQVWRUDJH7KHOLHQLVVXEMHFWWR
cle or any person with an interest recorded on WKHSURYLVLRQVIRUOLHQVXQGHU2567KH
the title is not liable for nor shall be required to person holding the lien may retain possession
pay storage charges for a period in excess of 20 of the vehicle and contents until the charges
days unless the person has received a written RQZKLFKWKHOLHQLVEDVHGDUHSDLG$OLHQ
QRWLFHXQGHU256,QQRFDVHVKDOOD GHVFULEHGXQGHUWKLVVHFWLRQGRHVQRWDWWDFK
person be required to pay storage charges for (a) To the contents of any vehicle taken from
DVWRUDJHSHULRGLQH[FHVVRIGD\V public property until 15 days after taking the
(b) A security interest holder is not liable YHKLFOHLQWRFXVWRG\
under this subsection unless the security inter- (b) To the contents of any vehicle that is
HVWKROGHUUHFODLPVWKHYHKLFOH WDNHQLQWRFXVWRG\IRUYLRODWLRQRI256
(2) May reclaim the vehicle at any time after RU
it is taken into custody and before the vehicle (3) A person that tows any vehicle at the
LVVROGRUGLVSRVHGRIXQGHU256RU UHTXHVWRIDQDXWKRULW\XQGHU256
XSRQSUHVHQWDWLRQWRWKHDXWKRULW\ RUVKDOOWUDQVPLWE\ÀUVWFODVVPDLO
holding the vehicle of satisfactory proof of own- ZLWKDFHUWLÀFDWHRIPDLOLQJZLWKLQGD\V
ership or right to possession and upon payment after the vehicle and its contents are placed
of costs and expenses for which the person is in storage, written notice, approved by the
OLDEOHXQGHUWKLVVHFWLRQ authority, containing information on the proce-
,I WKH YHKLFOH LV WDNHQ LQWR FXVWRG\ dures necessary to obtain a hearing under ORS
XQGHU256RUKDVDULJKWWR 7KHQRWLFHVKDOOEHSURYLGHGWRWKH
owner, a person entitled to possession or any procedures available for obtaining a hearing
person with an interest recorded on the title XQGHU256WRWKHRZQHUVRIWKHYHKLFOH
WRWKHYHKLFOH7KLVVXEVHFWLRQGRHVQRWDSSO\ and any lessors or security interest holders
to a person that tows an abandoned vehicle as shown in the records of the Department of
that is appraised at a value of $500 or less by 7UDQVSRUWDWLRQ7KHQRWLFHVKDOOVWDWHWKDWWKH
DSHUVRQZKRKROGVDFHUWLÀFDWHLVVXHGXQGHU vehicle has been taken into custody and shall
256>FF give the location of the vehicle and describe
FFF procedures for the release of the vehicle and for
FFF REWDLQLQJDKHDULQJXQGHU2567KH
F@ 48-hour period under this subsection does not
819.170 Notice prior to taking vehicle LQFOXGHKROLGD\V6DWXUGD\VRU6XQGD\V
into custody and towing; methods; con- (2) Any notice given under this section after
tents. ,IDQDXWKRULW\SURSRVHVWRWDNHFXVWRG\ a vehicle is taken into custody and towed shall
RIDYHKLFOHXQGHU256WKHDXWKRULW\ VWDWHDOORIWKHIROORZLQJ
shall provide notice and shall provide an expla- (a) That the vehicle has been taken into cus-
nation of procedures available for obtaining a tody and towed, the identity of the appropriate
KHDULQJXQGHU256([FHSWDVRWK- authority that took the vehicle into custody and
HUZLVHSURYLGHGXQGHU256QRWLFH towed the vehicle and the statute, ordinance or
required under this section shall comply with rule under which the vehicle has been taken
DOORIWKHIROORZLQJ LQWRFXVWRG\DQGWRZHG
1RWLFHVKDOOEHJLYHQE\DIÀ[LQJDQRWLFH (b) The location of the vehicle or the tele-
WRWKHYHKLFOHZLWKWKHUHTXLUHGLQIRUPDWLRQ phone number and address of the appropriate
7KHQRWLFHVKDOOEHDIÀ[HGWRWKHYHKLFOHDW DXWKRULW\WKDWZLOOSURYLGHWKHLQIRUPDWLRQ
least 24 hours before taking the vehicle into
FXVWRG\7KHKRXUSHULRGXQGHUWKLVVXEVHF- (c) That the vehicle is subject to towing and
WLRQLQFOXGHVKROLGD\V6DWXUGD\VDQG6XQGD\V 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 (d) That the vehicle and its contents are sub-
taken into custody and towed by the appro- ject to a lien for payment of the towing and
priate authority if the vehicle is not removed storage charges and that the vehicle and its
EHIRUHWKHWLPHVHWE\WKHDSSURSULDWHDXWKRULW\ contents will be sold to cover the charges if the
(b) The statute, ordinance or rule violated FKDUJHVDUHQRWSDLGE\DGDWHVSHFLÀHGE\WKH
by the vehicle and under which the vehicle will DSSURSULDWHDXWKRULW\
EHWRZHG (e) That the owner, possessor or person
(c) The place where the vehicle will be held in having an interest in the vehicle and its con-
custody or the telephone number and address tents is entitled to a prompt hearing to contest
of the appropriate authority that will provide the validity of taking the vehicle into custody
WKHLQIRUPDWLRQ and towing it and to contest the reasonable-
(d) That the vehicle, if taken into custody ness of the charges for towing and storage if a
and towed by the appropriate authority, will KHDULQJLVWLPHO\UHTXHVWHG
be subject to towing and storage charges and (f) The time within which a hearing must
that a lien will attach to the vehicle and its be requested and the method for requesting a
FRQWHQWV KHDULQJ
(e) That the vehicle will be sold to satisfy (g) That the vehicle and its contents may
the costs of towing and storage if the charges be immediately reclaimed by presentation to
DUHQRWSDLG the appropriate authority of satisfactory proof
(f ) That the owner, possessor or person of ownership or right to possession and either
having an interest in the vehicle is entitled to payment of the towing and storage charges or
a hearing, before the vehicle is impounded, to the deposit of cash security or a bond equal to
contest the proposed custody and towing if a WKHFKDUJHVZLWKWKHDSSURSULDWHDXWKRULW\
KHDULQJLVWLPHO\UHTXHVWHG >FFF
FF@
(g) That the owner, possessor or person
having an interest in the vehicle may also 819.185 Procedure for vehicles that
challenge the reasonableness of any towing KDYHQRLGHQWLÀFDWLRQPDUNLQJV,IWKHUH
DQGVWRUDJHFKDUJHVDWWKHKHDULQJ LVQRYHKLFOHLGHQWLÀFDWLRQQXPEHURQDYHKLFOH
and there are no registration plates and no
(h) The time within which a hearing must other markings through which the Depart-
be requested and the method for requesting a ment of Transportation could identify the
KHDULQJ>FF owner of the vehicle, then an authority oth-
FDFF@ erwise required to provide notice under ORS
819.180 Notice after taking into cus- RULVQRWUHTXLUHGWRSURYLGH
tody and towing; method; contents. (1) such notice and the vehicle may be towed and
,I DQ DXWKRULW\ WDNHV FXVWRG\ RI D YHKLFOH disposed of as though notice and an opportu-
XQGHU256WKHDXWKRULW\VKDOOSUR- QLW\IRUDKHDULQJKDGEHHQJLYHQ>F
YLGHE\FHUWLÀHGPDLOZLWKLQKRXUVRIWKH F@
towing, written notice with an explanation of
Chapter 820
(',7,21
SPECIAL PROVISIONS FOR CERTAIN VEHICLES
safety code or any amendment thereto adopted 820.070 Driver violation of worker
DQGLVVXHGE\WKHGHSDUWPHQW>F transport vehicle safety code; penalty.
F@ (1) A person commits the offense of driver vio-
820.040 Inspection of vehicles. (1) The lation of worker transport vehicle safety code
Department of Transportation, in enforcing the if the person, at any time, operates a vehicle
VDIHW\FRGHHVWDEOLVKHGXQGHU256 GHVFULEHGXQGHU256RULQ
may inspect any vehicle that is described under a manner that violates any provision of the
256RU VDIHW\FRGHHVWDEOLVKHGXQGHU256
RUDQ\DPHQGPHQWWKHUHWR
(2) Upon request, the Superintendent of
State Police shall assist the department in (2) The offense described in this section,
WKHVHLQVSHFWLRQV>F@ driver violation of worker transport vehicle
VDIHW\FRGHLVD&ODVV%WUDIÀFYLRODWLRQ>
820.050 Orders regarding noncom- FF@
plying vehicles or drivers. (1) Whenever
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQÀQGVWKDW
D YHKLFOH GHVFULEHG XQGHU 256 RU SCHOOL VEHICLES
YLRODWHVDQ\SURYLVLRQRIWKHVDIHW\ 820.100 Adoption of safety standards
FRGHDGRSWHGXQGHU256RUDQDPHQG- for construction and equipment of school
ment thereto, the department shall make, enter vehicles. 7KH6WDWH%RDUGRI(GXFDWLRQ
and serve upon the owner of the vehicle any shall adopt and enforce such reasonable stan-
order necessary to protect the safety of persons dards relating to school bus and school activity
WUDQVSRUWHGLQWKHYHKLFOH vehicle construction and school bus and school
(2) The department may direct in an order, activity vehicle equipment as the board deems
as a condition to the continued use of the necessary for safe and economical operation,
motor vehicle for authorized purposes, that except that the board may not authorize the
such additions, repairs, improvements or use of school buses manufactured before April
changes be made and such safety devices and
safeguards be furnished and used as are rea- (2) The governing board of a public uni-
sonably required to satisfy the requirements YHUVLW\ OLVWHG LQ 256 PD\ DGRSW
of the safety code, in the manner and within and enforce separate standards of the type
WKHWLPHVSHFLÀHGLQWKHRUGHU described under this section for school buses
(3) The department may also issue to the and school activity vehicles that are under the
owner of the vehicle an order to require that governing board’s jurisdiction, except that the
any driver of the motor vehicle satisfy the min- governing board may not authorize the use
imum standards for a driver under the safety of school buses manufactured before April 1,
FRGHHVWDEOLVKHGXQGHU256
(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
D9HKLFOHVGHVFULEHGLQ2567KLV (c) May include different requirements for
paragraph applies whether or not the vehicle different classes or types of school buses or
LVXVHGXSRQDSXEOLFKLJKZD\ VFKRRODFWLYLW\YHKLFOHV
E9HKLFOHVGHVFULEHGLQ256 (d) May include any exemptions determined
(2) A person commits the offense of owner DSSURSULDWHXQGHU256>F
violation of the worker transport vehicle safety FF
code if the person is the owner of a vehicle FFF
GHVFULEHGXQGHU256RUDQG FF@
WKHSHUVRQGRHVDQ\RIWKHIROORZLQJ 820.105 School bus stop arms. Notwith-
(a) Violates or willfully fails to comply with standing any other provision of law, school
DQRUGHULVVXHGXQGHU256 buses may be equipped with an octagonal
shaped mechanical stop arm that indicates
(b) Violates any provision of the safety code when the bus is stopped to load or unload
HVWDEOLVKHGXQGHU256RUDQ\DPHQG- SDVVHQJHUVRQDURDGZD\7KHVWRSDUPVDXWKR-
PHQWWKHUHWR rized by this section shall be equipped with
(3) The offense described in this section, WZRDOWHUQDWHO\ÁDVKLQJUHGEXVVDIHW\OLJKWV
owner violation of worker transport vehicle VKRZLQJERWKWRWKHIURQWDQGUHDURIWKHEXV
VDIHW\FRGHLVD&ODVV%WUDIÀFYLRODWLRQ> >F@
FF@
for vehicles under this section may include (3) The offense described in this section,
removal of the vehicle from any provisions unsafe school vehicle operation, is a Class B
UHODWLQJWRVFKRROEXVHVXQGHUWKHYHKLFOHFRGH WUDIÀFYLRODWLRQ>FF
(d) Any vehicle determined not to be a school FFF
activity vehicle under this section is not a E@
VFKRRODFWLYLW\YHKLFOHZLWKLQWKHGHÀQLWLRQ 820.190 Minor operating school vehicle;
HVWDEOLVKHGXQGHU2563DUWLDOH[HPS- penalty. (1) A person commits the offense of
tions established for vehicles under this section being a minor operating a school vehicle if the
may include removal of the vehicle from any person is under 18 years of age and the person
provisions relating to school activity vehicles drives any of the following while it is in use for
XQGHUWKHYHKLFOHFRGH 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 E$VFKRRODFWLYLW\YHKLFOH
FFF
FF@ (c) A vehicle owned by a public or govern-
PHQWDODJHQF\
820.160 Illegal display of school bus
markings; penalty. (1) A person commits the (d) A privately owned vehicle that is oper-
offense of illegal display of school bus markings ated for compensation that is a vehicle other
LIWKHSHUVRQGLVSOD\VWKHZRUGV´6FKRRO%XVµ than a vehicle commonly known and used as
RQDQ\YHKLFOHXQOHVVWKHYHKLFOH a private passenger vehicle and not operated
for compensation except in the transportation
D,VXVHGLQWUDQVSRUWLQJVFKRROFKLOGUHQWR RIVWXGHQWVWRRUIURPVFKRRO
or from school or an authorized school activity
or function; and (2) The offense described in this section,
minor operating a school vehicle, is a Class B
(b) Complies with the applicable require- WUDIÀFYLRODWLRQ>FF
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 MISCELLANEOUS PROVISIONS
WUDIÀFYLRODWLRQ>FF 820.200 Minor operating public passen-
FFD@ ger vehicle; penalty. (1) A person commits
820.170 Improper school bus markings; the offense of being a minor operating a public
penalty. (1) A person commits the offense of passenger vehicle if the person is under 21
improper school bus markings if the person years of age and the person drives a motor
GLVSOD\VWKHZRUGV´6FKRRO%XVµRQDYHKLFOH vehicle while it is in use as a public passen-
without such words being marked in the front JHUFDUU\LQJYHKLFOH
and in the rear in letters eight inches high or (2) The offense described in this section,
KLJKHUDQGRISURSRUWLRQDWHZLGWK minor operating a public passenger vehicle, is
(2) The offense described in this section, D&ODVV%WUDIÀFYLRODWLRQ>F@
improper school bus markings, is a Class D 820.210 Registration exemptions for
WUDIÀFYLRODWLRQ>FF golf carts and similar vehicles. (1) Golf
F@ carts operated in accordance with an ordinance
820.180 Unsafe school vehicle oper- DGRSWHGXQGHU256DUHH[HPSWIURP
ation; penalty. (1) A person commits the registration requirements under the vehicle
RIIHQVHRIXQVDIHVFKRROYHKLFOHRSHUDWLRQLI FRGH
(a) The person operates or owns and causes (2) Golf carts or substantially similar
or permits to be operated a school bus or school vehicles that are operated by persons with
activity vehicle in a manner that is in violation disabilities at not more than 15 miles an hour
of any standards and rules applicable to the are exempt from registration requirements
YHKLFOHWKDWDUHDGRSWHGXQGHU256 XQGHUWKHYHKLFOHFRGH
WR (3) Notwithstanding any provision of the
(b) The person owns or leases and causes or vehicle code relating to vehicle equipment and
permits to be operated for school purposes a condition, upon designation of a portion of a
school bus or school activity vehicle containing highway becoming effective under an ordi-
more passengers than the vehicle is designed QDQFHDGRSWHGXQGHU256LWVKDOO
to transport; or be lawful to drive golf carts on highways or
portions thereof so designated in accordance
(c) The person operates or owns and causes with the rules and regulations prescribed by
or permits to be operated a school bus manu- WKHORFDODXWKRULW\>FF
IDFWXUHGEHIRUH$SULO @
(2) A person is not in violation of subsec- 820.220 Operation of low-speed vehicle
tion (1)(b) of this section if a bus or vehicle in prohibited area; penalty. (1) A person
contains more passengers than it is designed commits the offense of operation of a low-speed
to transport due to unforeseen or unusual vehicle in a prohibited area if the person is
FLUFXPVWDQFHV a person with a disability and the person
Chapter 821
(',7,21
OFF-ROAD, SNOWMOBILES, ALL-TERRAIN VEHICLES
(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 K3URYLVLRQVUHODWLQJWRVDOYDJHWLWOHV
(2) Motorcycles and mopeds are not required (2) Application for issuance of title for a
by this section to be equipped with windshield snowmobile shall be made in the manner and
ZLSHUV LQDIRUPSUHVFULEHGE\WKHGHSDUWPHQW7KH
(3) The offense described in this section, department may require any information in
operation of off-road vehicle without required the application the department determines
HTXLSPHQWLVD&ODVV&WUDIÀFYLRODWLRQ> is reasonably necessary to determine own-
FFF@ HUVKLSRUULJKWWRWLWOHIRUDVQRZPRELOH7KH
department may provide for application for
title separately from or with application for
SNOWMOBILES AND ALL- snowmobile registration or in any way the
TERRAIN VEHICLES GHSDUWPHQWGHWHUPLQHVDSSURSULDWH
(Generally) 'HDOHUVLVVXHGFHUWLÀFDWHVXQGHU256
ZKRVHOOVQRZPRELOHVVKDOODFFHSW
821.050 Limits on authority of local application and fees for title of a snowmobile
governments; disposition of fees for snow- from each purchaser of a new or used snowmo-
mobiles. (1) Limits on the authority of cities, ELOHLQDPDQQHUUHTXLUHGE\WKHGHSDUWPHQW
counties or other political subdivisions of this >FFF
state or any state agency are as imposed under FFF
256 FFF
(2) Fees collected by the Department of F@
Transportation in the regulation of snowmo- 821.070 Failure to title; exemptions;
ELOHVVKDOOEHXVHGDVSURYLGHGLQ256 penalty. (1) A person commits the offense of
DQG>FFD failure to title a snowmobile if the person is the
FF@ owner of a snowmobile that is in this state or
821.055 Operation of all-terrain vehi- is operating a snowmobile at any place in this
cles on certain highways. Notwithstanding state and the snowmobile has not been issued
256RUDQ\ODZUHTXLULQJWKDWYHKL- DWLWOHDVSURYLGHGXQGHU256
FOHVEHHTXLSSHGLQVSHFLÀHGZD\VLQRUGHUWR (2) The requirement to title a snowmobile
RSHUDWHRQKLJKZD\V&ODVV,&ODVV,,&ODVV under this section does not apply if the snow-
,,,DQG&ODVV,9DOOWHUUDLQYHKLFOHVPD\RSHU- PRELOHLVDQ\RIWKHIROORZLQJ
ate on any highway in this state that is open to
the public and is not maintained for passenger (a) Owned and operated by the United
FDUWUDIÀF>FF@ States, another state or political subdivision
WKHUHRI
(Title for Snowmobiles) (b) Owned and operated by this state or
821.060 Issuance; application; rules; by any city, district or political subdivision
fees. (1) The Department of Transportation 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-
IRURWKHUYHKLFOHV VLRQRIDGHDOHUIRUSXUSRVHVRIVDOHRUGLVSOD\
D)HHIRULVVXDQFH (3) The offense described in this section,
IDLOXUHWRWLWOHDVQRZPRELOHLVD&ODVV'WUDIÀF
(b) Provisions relating to transfer, including YLRODWLRQ>FF
security interests and other types of transfer, FFF
fees for transfer, time limits for transfer and F@
responsibility for making transfer and submit-
WLQJGRFXPHQWV (Registration for Snowmobiles)
F,QIRUPDWLRQUHTXLUHGWREHSODFHGRQD ,VVXDQFHTXDOLÀFDWLRQVGXUD-
title, except where the department determines WLRQFHUWLÀFDWHUXOHV(1) The Department
VXFKLQIRUPDWLRQZRXOGEHLQDSSURSULDWH of Transportation shall issue snowmobile reg-
(d) Party to whom title is issued upon orig- LVWUDWLRQWRDTXDOLÀHGRZQHU7RTXDOLI\IRU
LQDOLVVXDQFHRUWUDQVIHU LVVXDQFHRIUHJLVWUDWLRQXQGHUWKLVVHFWLRQ
H9DOLGLW\WLPHVDQGUHTXLUHPHQWV (a) The owner must complete the application
in the manner and in a form the department
I3URYLVLRQVFRQWDLQHGLQ256WR SUHVFULEHV
(b) The application shall state the name and
(g) Any provisions relating to title that are address of each owner of the snowmobile to be
applicable to other vehicles under the vehicle UHJLVWHUHG
code and that the department determines, by
rule, to be necessary to assure that the titling (c) The application shall contain proof of
WLWOH
are displayed in a manner that violates any of snowmobile at all times during operation of
WKHIROORZLQJ WKHVQRZPRELOHLQWKLVVWDWH
(a) The registration numbers must be per- (2) The offense described in this section,
PDQHQWO\DIÀ[HG failure to carry an out-of-state snowmobile
(b) The registration numbers must be dis- SHUPLWLVD&ODVV'WUDIÀFYLRODWLRQ>
SOD\HGLQDFOHDUO\YLVLEOHPDQQHU FFF
FF@
(c) The registration number must be dis-
played upon the snowmobile in a manner 821.142 Failure to carry out-of-state
SUHVFULEHGE\WKHGHSDUWPHQW all-terrain vehicle permit; penalty. (1) A
person commits the offense of failure to carry
(d) The numbers displayed shall be in the an out-of-state all-terrain vehicle permit if
form of painted numbers or decals and shall be an out-of-state permit is issued for the vehi-
of contrasting color with the surface on which FOHXQGHU256DQGWKHSHUPLWLVQRW
WKH\DUHDSSOLHG carried on the all-terrain vehicle at all times
(e) The registration numbers shall be main- during operation of the all-terrain vehicle in
WDLQHGLQDOHJLEOHFRQGLWLRQ WKLVVWDWH
(f) Any validating date tag or tags issued (2) The offense described in this section,
E\WKHGHSDUWPHQWXQGHU256VKDOO failure to carry an out-of-state all-terrain vehi-
EHDIÀ[HGLQWKHPDQQHUSUHVFULEHGE\WKH FOHSHUPLWLVD&ODVV'WUDIÀFYLRODWLRQ>
GHSDUWPHQW F@
(2) The offense described in this section, fail- 821.145 >)RUPHUO\ UHSHDOHG E\
ure to properly display snowmobile registration F@
QXPEHUVLVD&ODVV'WUDIÀFYLRODWLRQ>
FFF (Driving Privileges)
FFF 821.150 Operation of snowmobile with-
F@ out driving privileges; civil liability;
821.125>FF penalty. (1) A person commits the offense
UHSHDOHGE\F@ of operation of a snowmobile without driving
privileges if the person operates a snowmobile
(Permits) without one of the following having been issued
to the person and on the person at the time the
821.130 Out- of-state snowmobile SHUVRQLVRSHUDWLQJWKHVQRZPRELOH
SHUPLWTXDOLÀFDWLRQVGXUDWLRQDSSOL-
cation; fees. (1) An out-of-state snowmobile D$GULYHUOLFHQVH
permit is a vehicle permit that is issued as (b) A snowmobile operator permit issued
evidence of a grant of authority to operate in XQGHU256
WKLVVWDWHDVQRZPRELOHWKDWLV
(2) This section does not apply to a person
(a) Owned by a resident of another state; who is operating a snowmobile while taking a
(b) Not registered in this state or in the course from an instructor to obtain a snowmo-
other state; and ELOHRSHUDWRU·VSHUPLWXQGHU256
F([HPSWIURPUHJLVWUDWLRQXQGHU256 ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\
this section, the operator or owner of a snow-
mobile may be liable as provided under ORS
(2) The Department of Transportation shall
establish a program for the issuance of out-of-
VWDWHVQRZPRELOHSHUPLWVXQGHUWKLVVHFWLRQ (4) The offense described in this section,
The program established by the department operation of snowmobile without driving privi-
VKDOOFRPSO\ZLWKDOORIWKHIROORZLQJ OHJHVLVD&ODVV'WUDIÀFYLRODWLRQ>F
FF
(a) A permit may only be issued for snow- F@
mobiles owned by the resident of another state
ZKHUHUHJLVWUDWLRQLVQRWUHTXLUHGE\ODZ 821.160 Snowmobile operator permit;
issuance; rules for safety education
E$SHUPLWLVYDOLGIRUQRWPRUHWKDQ course. (1) A snowmobile operator permit
GD\V authorizes a person who does not have a driver
(c) Application for a permit shall state the license to operate a snowmobile without viola-
QDPHDQGDGGUHVVRIHDFKRZQHU WLRQRI256
(d) The fees for issuance of the permit are (2) The Department of Transportation shall
DVSURYLGHGXQGHU256>F issue or provide for issuance of a snowmobile
FF operator permit to any person who has taken
FFF@ a snowmobile safety education course estab-
lished under this section and has been found
821.140 Failure to carry out-of-state TXDOLÀHGWRRSHUDWHDVQRZPRELOH
snowmobile permit; penalty. (1) A person
commits the offense of failure to carry an out- (3) The department shall adopt rules to pro-
of-state snowmobile permit if an out-of-state vide for snowmobile safety education courses
permit is issued for the vehicle under ORS and the issuance of snowmobile operator per-
DQGWKHSHUPLWLVQRWFDUULHGRQWKH PLWVFRQVLVWHQWZLWKWKLVVHFWLRQ7KHUXOHV
adopted by the department shall be consistent (b) Being used on land owned or leased by
ZLWKWKHIROORZLQJ WKHRZQHURIWKHYHKLFOH
(a) The course must be one given by an (4) The offense described in this section,
instructor designated by the department as RSHUDWLRQRI&ODVV,DOOWHUUDLQYHKLFOHZLWKRXW
TXDOLÀHGWRFRQGXFWVXFKDFRXUVHDQGLVVXH GULYLQJSULYLOHJHVLVD&ODVV&WUDIÀFYLRODWLRQ
VXFKDSHUPLW >FFF
(b) The rules shall provide for the designa- FFF
WLRQRILQVWUXFWRUVDQGLVVXDQFHRISHUPLWV D@
(c) The department may provide by rule for 821.172 Operation of Class III all-ter-
instructors to be provided and permits issued rain vehicle without driving privileges;
through public or private local and state orga- exemptions; penalty. $SHUVRQ\HDUV
QL]DWLRQVPHHWLQJTXDOLÀFDWLRQVHVWDEOLVKHGE\ of age or older commits the offense of operation
WKHGHSDUWPHQW2UJDQL]DWLRQVGHVLJQDWHGE\ RID&ODVV,,,DOOWHUUDLQYHKLFOHZLWKRXWGULY-
the department may include organizations such ing privileges if the person operates a Class
DVWKH2UHJRQ6WDWH6QRZPRELOH$VVRFLDWLRQ ,,,DOOWHUUDLQYHKLFOHRQSXEOLFODQGVDQGWKH
SHUVRQGRHVQRWKROGDYDOLG&ODVV,,,DOOWHU-
(4) Persons who are operating a snowmobile rain vehicle operator permit issued under ORS
while taking a course from an instructor are
H[HPSWIURP256DVSURYLGHGLQWKDW
VHFWLRQ>FF@ $FKLOGXQGHU\HDUVRIDJHFRPPLWV
WKHRIIHQVHRIRSHUDWLRQRID&ODVV,,,DOOWHU-
821.165 Land funded for all-terrain rain vehicle without driving privileges if the
vehicle use from All-Terrain Vehicle FKLOGRSHUDWHVD&ODVV,,,DOOWHUUDLQYHKLFOH
Account. $VXVHGLQ256 on public lands and the child does not meet
DQG DOOWKHIROORZLQJFRQGLWLRQV
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owned land that is open to the general public (a) The child must be accompanied by a
for the use of all-terrain vehicles as the result person who is at least 18 years of age, holds a
of funding from the All-Terrain Vehicle valid all-terrain vehicle operator permit issued
$FFRXQWXQGHU256>F XQGHU256RUDQG
F@ is able to provide immediate assistance and
GLUHFWLRQWRWKHFKLOG
821.170 Operation of Class I all-ter-
rain vehicle without driving privileges; E7KHFKLOGPXVWKROGDYDOLG&ODVV,,,
exemptions; penalty. $SHUVRQ\HDUV all-terrain vehicle operator permit issued
of age or older commits the offense of operation XQGHU256
RID&ODVV,DOOWHUUDLQYHKLFOHZLWKRXWGULY- (3) A child under seven years of age may not
ing privileges if the person operates a Class RSHUDWHD&ODVV,,,DOOWHUUDLQYHKLFOHRQSXEOLF
,DOOWHUUDLQYHKLFOHRQSXEOLFODQGVDQGWKH ODQGV
SHUVRQGRHVQRWKROGDYDOLG&ODVV,DOOWHU- (4) This section does not apply if the all-ter-
rain vehicle operator permit issued under ORS UDLQYHKLFOHLV
(a) Used exclusively in farming, agricul-
$FKLOGXQGHU\HDUVRIDJHFRPPLWV tural or forestry operations or used by persons
WKHRIIHQVHRIRSHUDWLRQRID&ODVV,DOOWHUUDLQ licensed under ORS chapter 571 exclusively for
vehicle without driving privileges if the child nursery or Christmas tree growing operations;
RSHUDWHVD&ODVV,DOOWHUUDLQYHKLFOHRQSXEOLF and
lands and the child does not meet all the fol-
ORZLQJFRQGLWLRQV (b) Being used on land owned or leased by
WKHRZQHURIWKHYHKLFOH
(a) The child must be accompanied by a
person who is at least 18 years of age, holds a (5) The offense described in this section,
valid all-terrain vehicle operator permit issued RSHUDWLRQRID&ODVV,,,DOOWHUUDLQYHKLFOH
XQGHU256RUDQG ZLWKRXWGULYLQJSULYLOHJHVLVD&ODVV&WUDIÀF
is able to provide immediate assistance and YLRODWLRQ>FF
GLUHFWLRQWRWKHFKLOG FFE@
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
F7KHFKLOGPXVWPHHWULGHUÀWJXLGHOLQHV SHUVRQPD\QRWRSHUDWHD&ODVV,&ODVV,,,RU
established by the State Parks and Recreation &ODVV,9DOOWHUUDLQYHKLFOHZKLOHWKHSHUVRQ·V
'HSDUWPHQWXQGHU256 GULYLQJSULYLOHJHVDUHVXVSHQGHGRUUHYRNHG
(3) This section does not apply if the all-ter- A person who violates this section is in viola-
UDLQYHKLFOHLV WLRQRI256RUDVDSSURSULDWH
(a) Used exclusively in farming, agricul- >FF@
tural or forestry operations or used by persons NoteZDVDGGHGWRDQGPDGHDSDUW
licensed under ORS chapter 571 exclusively for of ORS chapter 821 by legislative action but
nursery or Christmas tree growing operations; ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
and See Preface to Oregon Revised Statutes for
IXUWKHUH[SODQDWLRQ
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- ,IDFKLOGZKRLVLQYLRODWLRQRI256
tural or forestry operations or used by persons LVDWOHDVW\HDUVRIDJHDQGLVXQGHU
licensed under ORS chapter 571 exclusively for 18 years of age, a citation may be issued to the
QXUVHU\RU&KULVWPDVWUHHJURZLQJRSHUDWLRQV FKLOGIRUYLRODWLRQRI256RUWRWKH
parent, legal guardian or person with legal
(b) Being used on land owned or leased by responsibility for the safety and welfare of the
WKHRZQHURIWKHYHKLFOH FKLOGIRUYLRODWLRQRI256EXWQRWWR
F$&ODVV,,DOOWHUUDLQYHKLFOHUHJLVWHUHG ERWK>F@
XQGHU256DQGKDVDURRIRUUROOEDU 821.210 Operating improperly equipped
(3) The offense described in this section, snowmobile; civil liability; penalty. (1) A
IDLOXUHRID&ODVV,&ODVV,,&ODVV,,,RU&ODVV person commits the offense of operating an
,9DOOWHUUDLQYHKLFOHRSHUDWRURUSDVVHQJHUWR improperly equipped snowmobile if the person
ZHDUDPRWRUF\FOHKHOPHWLVD&ODVV'WUDIÀF operates any snowmobile without all of the fol-
YLRODWLRQ>FFD ORZLQJHTXLSPHQW
FF@ 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 $Q DGHTXDWH DQG RSHUDWLQJ PXIÁLQJ
&ODVV,&ODVV,,&ODVV,,,RU&ODVV,9DOOWHU- device that shall effectively blend the exhaust
UDLQYHKLFOHRSHUDWRURUSDVVHQJHULI and motor noise in such a manner so as to
preclude excessive or unusual noise and, on
D7KHSHUVRQLVRSHUDWLQJD&ODVV,&ODVV snowmobiles manufactured after January 4,
,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHRQ 1973, that shall effectively maintain such noise
premises open to the public and the person DWDOHYHORIGHFLEHOVRUEHORZRQWKH´$µVFDOH
FDUULHVDQRWKHUSHUVRQRQWKH&ODVV,&ODVV DWIHHW
,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHZKR
is under 18 years of age and is not wearing a (2) The Department of State Police shall
motorcycle helmet with a fastened chin strap; establish procedures for testing of noise levels
or FRQVLVWHQWZLWKWKLVVHFWLRQ
(b) The person is the parent, legal guard- (3) Snowmobiles used in organized racing
ian or person with legal responsibility for the events in an area designated for that purpose
safety and welfare of a child under 18 years of may use a bypass or cutout device without vio-
age and the child operates or rides on a Class ODWLRQRIWKHUHTXLUHPHQWVIRUPXIÁLQJGHYLFHV
,&ODVV,,&ODVV,,,RU&ODVV,9DOOWHUUDLQ DQGIRUQRLVHOHYHOVXQGHUWKLVVHFWLRQ
vehicle on premises open to the public without ,QDGGLWLRQWRRWKHUSHQDOWLHVSURYLGHGE\
wearing a motorcycle helmet with a fastened this section, the owner or operator of a snow-
FKLQVWUDS mobile may be liable as provided under ORS
(2) The requirement to wear a motorcycle
helmet with a fastened chin strap does not (5) The offense described in this section,
DSSO\LIWKHDOOWHUUDLQYHKLFOHLV improperly equipped snowmobile, is a Class D
(a) Used exclusively in farming, agricul- WUDIÀFYLRODWLRQ>FF
tural or forestry operations or used by persons F@
licensed under ORS chapter 571 exclusively for 821.220 Operating improperly equipped
QXUVHU\RU&KULVWPDVWUHHJURZLQJRSHUDWLRQV all-terrain vehicle; civil liability; penalty.
(b) Being used on land owned or leased by (1) A person commits the offense of operating
WKHRZQHURIWKHYHKLFOH an improperly equipped all-terrain vehicle if
the person operates any all-terrain vehicle
F$&ODVV,,DOOWHUUDLQYHKLFOHUHJLVWHUHG ZLWKRXWWKHIROORZLQJHTXLSPHQW
XQGHU256DQGKDVDURRIRUUROOEDU
(a) An adequate braking device that may be
(3) The offense described in this section, RSHUDWHGHLWKHUE\KDQGRUIRRW
HQGDQJHULQJD&ODVV,&ODVV,,&ODVV,,,RU
&ODVV,9DOOWHUUDLQYHKLFOHRSHUDWRURUSDVVHQ- E$QDGHTXDWHDQGRSHUDWLQJPXIÁLQJ
JHULVD&ODVV'WUDIÀFYLRODWLRQ>F device that shall be maintained in good work-
FEF ing order and in constant operation and shall
F@ 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\
licensed under ORS chapter 571 exclusively for 821.295 Operating Class II, Class III
nursery or Christmas tree growing operations; or Class IV all-terrain vehicle in prohib-
and ited snow area; exemptions; penalty. (1) A
(b) Being used on land owned or leased by person commits the offense of operating a Class
WKHRZQHURIWKHYHKLFOH ,,&ODVV,,,RU&ODVV,9DOOWHUUDLQYHKLFOHLQ
a prohibited snow area if the person operates
(3) The offense described in this section, D&ODVV,,&ODVV,,,RU&ODVV,9DOOWHUUDLQ
HQGDQJHULQJD&ODVV,,,DOOWHUUDLQYHKLFOH vehicle on a groomed trail or a designated
RSHUDWRULVD&ODVV&WUDIÀFYLRODWLRQ> snowmobile or cross country ski trail or area
FDFF GXULQJDGHVLJQDWHGVQRZXVHSHULRG
F@
(2) This section does not apply to emergency
821.293 Endangering Class IV all-ter- YHKLFOHVRUWRWUDLOJURRPLQJHTXLSPHQW
rain vehicle operator; exemptions;
penalty. (1) A person commits the offense (3) The offense described in this section,
RIHQGDQJHULQJD&ODVV,9DOOWHUUDLQYHKL- RSHUDWLQJD&ODVV,,&ODVV,,,RU&ODVV,9
cle operator if the person is the parent, legal all-terrain vehicle in a prohibited snow area,
guardian or person with legal responsibility for LVD&ODVV'WUDIÀFYLRODWLRQ>F
WKHVDIHW\DQGZHOIDUHRIDFKLOGXQGHU\HDUV FDFF
RIDJHWKHFKLOGRSHUDWHVD&ODVV,9DOOWHUUDLQ @
YHKLFOHRQSXEOLFODQGVDQGWKHFKLOG 821.300>FF
D'RHVQRWSRVVHVVD&ODVV,9DOOWHUUDLQ FFF
vehicle operator permit issued under ORS UHSHDOHGE\F@
(Civil Liability)
E,VQRWDFFRPSDQLHGE\DSHUVRQZKRLV
at least 18 years of age, holds a valid all-ter- 821.310 Treble damages for damage
rain vehicle operator permit issued under ORS to property. The operator or the owner of a
RUDQGLVDEOHWRSUR- snowmobile or all-terrain vehicle used with
vide immediate assistance and direction to the the permission of the owner shall be liable for
child; 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 RUWR>
guidelines established by the State Parks and FFF
5HFUHDWLRQ'HSDUWPHQWXQGHU256 FF@
(2) This section does not apply if the all-ter- (Fees)
UDLQYHKLFOHLV
821.320 Snowmobile registration and
(a) Used exclusively in farming, agricul- permit fees. The following fees are estab-
tural or forestry operations or used by persons OLVKHGUHODWLQJWRVQRZPRELOHV
licensed under ORS chapter 571 exclusively for
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>FF
HQGDQJHULQJD&ODVV,9DOOWHUUDLQYHKLFOH FFF
RSHUDWRULVD&ODVV&WUDIÀFYLRODWLRQ> FF@
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_______________
NoteZDVDGGHGWRDQGPDGHDSDUW
of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 821 or any
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Chapter 822
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REGULATION OF VEHICLE RELATED BUSINESSES
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)
the person’s own use or for hobby or historical (2) The person must deliver to the depart-
SXUSRVHV ment a bond or letter of credit that meets the
(j) A manufactured structure dealer subject UHTXLUHPHQWVXQGHU256
WRWKHOLFHQVLQJUHTXLUHPHQWRI256 (3) The person must deliver to the depart-
or a person exempt from licensing under PHQWDFHUWLÀFDWHRILQVXUDQFHWKDWPHHWVWKH
256ZKHQVHOOLQJDYHKLFOHWUDLOHU UHTXLUHPHQWVHVWDEOLVKHGE\256
or semitrailer accepted in trade as part of a (4) The person must pay the fee required
PDQXIDFWXUHGVWUXFWXUHWUDQVDFWLRQ$PDQX- XQGHU256IRULVVXDQFHRIDYHKLFOH
factured structure dealership or exempt person GHDOHUFHUWLÀFDWH
may not directly sell more than three vehi-
cles per calendar year under authority of this (5) The person must certify completion of
paragraph, but by consignment with a dealer WKHSUHFHUWLÀFDWLRQHGXFDWLRQDQGWHVWUHTXLUH-
FHUWLÀHGXQGHU256RUPD\ PHQWVRI256DLIWKHSHUVRQLV
sell an unlimited number of vehicles acquired a dealer subject to the education and test
DVGHVFULEHGLQWKLVSDUDJUDSK UHTXLUHPHQWV > F F
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(k) A lien claimant who sells vehicles in FFF@
RUGHUWRIRUHFORVHSRVVHVVRU\OLHQV
Note6HFWLRQFKDSWHU2UHJRQ/DZV
(L) A lien claimant who, in a 12-month SURYLGHV
period, sells 12 or fewer vehicles that the lien
claimant acquired through possessory liens if 6HF7KHDPHQGPHQWVWR256
the vehicles are sold at the business location DQGE\VHFWLRQV
RIWKHOLHQFODLPDQW to 4 of this 2013 Act apply to applications for
issuance or renewal of a vehicle dealer certif-
P (OHFWULF SHUVRQDO DVVLVWLYH PRELOLW\ icate submitted on or after the effective date
GHYLFHV RIWKLV$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 'HFHPEHU>F@
who is licensed as a vehicle dealer in another
jurisdiction or an employee of a person who is 822.025 Application contents. An appli-
FHUWLÀHGRUOLFHQVHGDVDYHKLFOHGHDOHUPD\ FDWLRQIRUDYHKLFOHGHDOHUFHUWLÀFDWHLVVXHG
participate in a vehicle auction if the vehicle by the Department of Transportation under
DXFWLRQLV 256VKDOOEHLQDIRUPSUHVFULEHGE\
the department and shall contain all of the
(a) Conducted by a vehicle dealer who holds IROORZLQJ
DYHKLFOHGHDOHUFHUWLÀFDWHLVVXHGRUUHQHZHG
XQGHU256RUDQG (1) The names and residence addresses of
WKHSHUVRQVDSSO\LQJDVIROORZV
E2SHQRQO\WRFHUWLÀHGRUOLFHQVHGYHKLFOH
GHDOHUVRUWKHLUHPSOR\HHV D,IWKHDSSOLFDQWLVDÀUPRUSDUWQHUVKLS
WKHQDPHRIWKHÀUPRUSDUWQHUVKLSZLWKWKH
(4) The department shall adopt rules to names and residence addresses of all members
carry out the provisions of this section, includ- WKHUHRI
ing but not limited to specifying which dealers
may take vehicles on consignment from other E,IWKHDSSOLFDQWLVDFRUSRUDWLRQWKH
MXULVGLFWLRQV>FF name of the corporation with the names of the
FFF SULQFLSDORIÀFHUVDQGWKHLUUHVLGHQFHDGGUHVVHV
FFF and the name of the state under whose laws
FFF WKHFRUSRUDWLRQLVRUJDQL]HG
FFF (2) The name under which the business will
FF@ EHFRQGXFWHG
,VVXDQFH RI FHUWLÀFDWH IHH (3) The street address, including city and
([FHSWDVSURYLGHGLQ256WKH 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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rized by the local governing body to do so, ments in subsection (1)(a) of this section do
stating that the location of the business as not apply to an applicant for a vehicle dealer
JLYHQLQWKHDSSOLFDWLRQIRUDFHUWLÀFDWHFRP- FHUWLÀFDWHXQGHU256RULI
plies with any land use ordinances or business at the time of application, the applicant holds
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The provisions of this subsection do not apply RU
WRUHQHZDORIDYHKLFOHGHDOHUFHUWLÀFDWHXQGHU (3) The continuing education requirements
256XQOHVVWKHORFDWLRQRIWKHEXVL- of subsection (1)(b) of this section do not apply
QHVVLVEHLQJFKDQJHGDWWKHWLPHRIUHQHZDO to an applicant for renewal of a vehicle dealer
(7) Any information required by the FHUWLÀFDWHXQGHU256LIWKHDSSOLFDQW
GHSDUWPHQWWRHIÀFLHQWO\DGPLQLVWHUWKHUHJ- LV
istration of vehicles and regulation of dealers (a) A dealer having a franchise in this state
or other relevant information required by the for nationally advertised and recognized motor
GHSDUWPHQW vehicles;
,IWKHDSSOLFDQWLVDGHDOHUVXEMHFWWRWKH (b) A dealer having a franchise in this state
education and test requirements under ORS for new recreational vehicles;
DDFHUWLÀFDWHIURPWKHSURYLGHURI
HDFKSUHFHUWLÀFDWLRQHGXFDWLRQSURJUDPOLVWLQJ (c) A motor vehicle rental company having
the courses that the applicant has completed a national franchise under the ownership of
and the tests that the applicant has passed in a corporation that operates throughout the
WKHSUHFHUWLÀFDWLRQHGXFDWLRQSURJUDP 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
SXUVXDQWWRVXEVHFWLRQRIWKLVVHFWLRQ> programs and the tests required in subsec-
FFF tion (1) of this section may be developed by any
FFF motor vehicle industry organization including,
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program shall be submitted to the advisory
822.027 Education requirements for FRPPLWWHHHVWDEOLVKHGXQGHU256IRU
vehicle dealers. ([FHSWDVSURYLGHGLQ DSSURYDOHYHU\WZR\HDUV7KHFRPPLWWHHVKDOO
subsections (2) and (3) of this section, the fol- vote to approve or deny approval of each pro-
lowing education requirements apply to an JUDP$SURJUDPWKDWLVDSSURYHGPXVWFRYHU
DSSOLFDQWIRUDYHKLFOHGHDOHUFHUWLÀFDWHXQGHU state and federal law in at least the following
256RU DUHDV
(a) An applicant for a vehicle dealer cer- (a) Motor vehicle advertising;
WLÀFDWHXQGHU256PXVWFRPSOHWH
a minimum of eight hours of courses in any (b) Odometer laws and regulations;
DSSURYHGSUHFHUWLÀFDWLRQHGXFDWLRQSURJUDP (c) Vehicle licensing and registration;
described in subsection (4) of this section and
pass the tests required under paragraph (c) of (d) Unlawful dealer activities;
this subsection within one year prior to sub- H(QYLURQPHQWDOUXOHVDQGUHJXODWLRQV
PLWWLQJDQDSSOLFDWLRQIRUWKHFHUWLÀFDWH
(f) Oregon and industry standard motor
E$QDSSOLFDQWIRUDUHQHZDOFHUWLÀFDWH vehicle forms;
XQGHU256PXVWIRUHDFK\HDURID
FHUWLÀFDWLRQSHULRGFRPSOHWHDPLQLPXPRI (g) Truthful lending practices;
four hours of courses in any approved continu- K0RWRUYHKLFOHÀQDQFLQJ
ing education program described in subsection
(4) of this section and pass the tests required (i) Service and warranty contracts; and
under paragraph (c) of this subsection prior to (j) Land use regulations governing motor
submitting an application for the renewal cer- YHKLFOHGHDOHUV
WLÀFDWH$QDSSOLFDQWPD\QRWUHSHDWDFRXUVH
in an approved continuing education program 3UHFHUWLÀFDWLRQDQGFRQWLQXLQJHGXFD-
for which the applicant previously obtained tion programs required in subsection (1) of this
FUHGLWZLWKLQWKHVDPHFHUWLÀFDWLRQSHULRGDQG section may be provided by accredited educa-
tional institutions, private vocational schools,
(c) For each course hour required under correspondence schools or trade associations if
paragraphs (a) and (b) of this subsection, the the education programs have been approved
provider shall administer a test and the appli- by the advisory committee established under
cant must pass each test with a score of at least 256DVUHTXLUHGLQVXEVHFWLRQRI
70 percent in order to receive credit for the WKLVVHFWLRQ
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under subsection (4) of this section expires two
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conducted in a location approved under the (a) The dealer must have a signed agree-
FHUWLÀFDWH ment with the owner of the property or the
(d) The dealer shall be considered the owner person using the property where the vehicle
of vehicles manufactured or dealt in by the is to be displayed stating that the vehicle is
dealer, before delivery and sale of the vehicles, for an advertising promotion only and that the
and of all vehicles in the dealer’s possession processing of any documents or other activities
and operated or driven by the dealer or the required to purchase a vehicle must be done
GHDOHU·VHPSOR\HHV DWWKHGHDOHU·VSODFHRIEXVLQHVV
H1RWZLWKVWDQGLQJ256LQOLHX (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
RIEXVLQHVV
(A) Displays the dealer’s plates;
(c) Displaying the vehicle must not violate
%,VDFWXDOO\RZQHGRUFRQWUROOHGE\WKH DQ\]RQLQJODZVRURUGLQDQFHV
dealer and in actual use by the dealer, mem-
EHUVRIWKHGHDOHU·VÀUPDQ\VDOHVSHUVRQRIWKH (d) The dealer or the dealer’s employees
dealer or any person authorized by the dealer; 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
$YHKLFOHGHDOHUFHUWLÀFDWHLVYDOLGIRU
',VXQORDGHG a three-year period and may be renewed as
7KHKROGHURIDYHKLFOHGHDOHUFHUWLÀ- SURYLGHGE\WKHGHSDUWPHQW7KHGHSDUWPHQW
cate may open additional places of business VKDOORQO\UHQHZDFHUWLÀFDWHLIWKHDSSOLFDQW
under the same business name by obtaining a IRUUHQHZDOGRHVDOORIWKHIROORZLQJ
VXSSOHPHQWDOFHUWLÀFDWHIURPWKHGHSDUWPHQW (a) Pays the required fee for renewal under
XQGHUWKLVVXEVHFWLRQ7KHIROORZLQJDOODSSO\ 256
WRDVXSSOHPHQWDOFHUWLÀFDWHLVVXHGXQGHUWKLV
VXEVHFWLRQ (b) Delivers to the department a bond that
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(a) The department may not issue a sup-
SOHPHQWDOFHUWLÀFDWHXQGHUWKLVVXEVHFWLRQLI F'HOLYHUVWRWKHGHSDUWPHQWDFHUWLÀFDWHRI
the additional place of business opened will be insurance that meets the requirements under
operated under a different business name than 256
WKDWLQGLFDWHGRQWKHFXUUHQWFHUWLÀFDWH$Q\ (d) Provides the names of all partners or
business that a vehicle dealer operates under FRUSRUDWHRIÀFHUV
a separate business name must be operated H&HUWLÀHVFRPSOHWLRQRIWKHFRQWLQXLQJ
XQGHUDVHSDUDWHFHUWLÀFDWHDQGWKHGHDOHU HGXFDWLRQUHTXLUHPHQWVRI256E
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- 7KH GHSDUWPHQW PD\ DGRSW VXLWDEOH
WLÀFDWHIURPWKHGHSDUWPHQW)RUSXUSRVHVRI rules for the issuance and renewal of certif-
WKLVVXEVHFWLRQ´SODFHRIEXVLQHVVµLQFOXGHVD LFDWHVXQGHUWKLVVHFWLRQDQG256
UHFUHDWLRQDOYHKLFOHVHUYLFHIDFLOLW\DVGHÀQHG >FFF
LQ2567KHIROORZLQJDSSO\WRDFRU- FFDF
UHFWHGFHUWLÀFDWHLVVXHGXQGHUWKLVVXEVHFWLRQ FFF
(a) The department shall prescribe the form FFF
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(b) A person applying for a corrected cer- FF@
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FHUWLÀFDWHHVWDEOLVKHGLQ256 822.042 Procedures for transfer of
(4) The department may establish by rule interest in vehicle by vehicle dealer. (1)
the requirements a holder of a vehicle dealer A vehicle dealer transferring any interest in
FHUWLÀFDWHPXVWPHHWWRGLVSOD\DYHKLFOHDWD DYHKLFOHRUFDPSHUVKDOO
location other than the dealer’s place of busi- (a) Within 25 calendar days of the transfer
QHVVIRUWKHSXUSRVHRIDGYHUWLVLQJZLWKRXWÀUVW IXUQLVKWKHFHUWLÀFDWHRIWLWOHRURWKHUSULPDU\
REWDLQLQJDVXSSOHPHQWDOFHUWLÀFDWHIURPWKH ownership document for the vehicle and any
GHSDUWPHQW,QDGGLWLRQWRDQ\UHTXLUHPHQWV release thereon to the security interest holder
established by the department by rule, all of next named, if any, otherwise to the lessor or,
WKHIROORZLQJDSSO\ if none, to the purchaser;
(b) Within 30 calendar days of the transfer (b) May not charge a purchaser of a vehicle a
submit to the Department of Transportation, document processing fee for the submission of
in a manner that complies with any applicable any document or the issuance of a registration
statutes and rules, an application for title on SODWH
behalf of the person to whom the title is to be (c) May charge a purchaser of a vehicle a
furnished or whose name is to appear on the document processing fee for performing any
title record; of the services described in subsection (2) of
(c) Comply with rules adopted by the depart- this section in connection with preparing the
ment if title has not been or will not be issued documents described in subsection (2) of this
LQWKHIRUPRIDFHUWLÀFDWHRU VHFWLRQ
(d) Within 25 business days of the transfer (4) A purchaser of a vehicle may negotiate
provide a notice of delay to the security interest the amount of the document processing fee
holder next named, if any, the lessor, if any, with a vehicle dealer, but in no case shall the
DQGWKHSXUFKDVHU7KHQRWLFHVKDOOFRQWDLQ document processing fee charged by a vehicle
(A) The reason for the delay; GHDOHUXQGHUWKLVVHFWLRQH[FHHG
(B) The anticipated extent of the delay; and (a) $150, if the vehicle dealer uses an inte-
grator; or
(C) A statement of the rights and remedies
available to the purchaser if the delay becomes (b) $115, if the vehicle dealer does not use
XQUHDVRQDEO\H[WHQGHG DQLQWHJUDWRU
(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
VXEVHFWLRQRIWKLVVHFWLRQ SDLGWRWKHLQWHJUDWRU
(3) A vehicle dealer that fails to comply with 8QOHVVRWKHUZLVHSURYLGHGE\UXOHLID
the provisions of subsection (1) of this section vehicle dealer uses an integrator and charges
is subject to revocation, cancellation or sus- a document processing fee greater than that
SHQVLRQRIWKHGHDOHU·VFHUWLÀFDWHSXUVXDQWWR charged for not using an integrator, the dealer
256>FF must inform the purchaser of the vehicle of
FFF the option of using an integrator to prepare
F@ WKHGRFXPHQWV7KHSXUFKDVHUPD\WKHQHOHFW
whether or not to have the vehicle dealer use
822.043 Dealer preparation and sub- DQLQWHJUDWRUWRSUHSDUHWKHGRFXPHQWV
mission of documents. (1) As used in this
VHFWLRQ ,IWKHSXUFKDVHURIDYHKLFOHSD\VDGRF-
ument processing fee, the vehicle dealer shall
D´,QWHJUDWRUµKDVWKHPHDQLQJJLYHQWKDW prepare and submit all documents to complete
WHUPLQ256 WKHWUDQVDFWLRQDVSHUPLWWHGE\ODZ>)RUPHUO\
E´9HKLFOHGHDOHUµPHDQVDSHUVRQLVVXHGD F@
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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
HVVDU\WR FKDSWHURUVHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ
See Preface to Oregon Revised Statutes for
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a vehicle;
822.045 Vehicle dealer offenses; penal-
(b) Register a vehicle or transfer registration ties. (1) A vehicle dealer improperly conducts
of a vehicle; a vehicle dealer business and is subject to
F,VVXHDUHJLVWUDWLRQSODWH the penalties under this section if the vehicle
GHDOHUFRPPLWVDQ\RIWKHIROORZLQJRIIHQVHV
(d) Verify and clear a title;
(a) A vehicle dealer commits the offense
(e) Perfect, release or satisfy a lien or other of failure to obtain a supplemental vehicle
security interest; GHDOHUFHUWLÀFDWHLIWKHYHKLFOHGHDOHURSHQV
(f) Comply with federal security require- any additional place of business using the same
ments; or business name as a place of business approved
XQGHUDYHKLFOHGHDOHUFHUWLÀFDWHZLWKRXWÀUVW
(g) Render any other services for the pur- REWDLQLQJDVXSSOHPHQWDOGHDOHUFHUWLÀFDWH
pose of complying with state and federal laws XQGHU256
UHODWHGWRWKHVDOHRIDYHKLFOH
(b) A vehicle dealer commits the offense of
(3) A vehicle dealer who prepares any doc- failure to obtain a corrected vehicle dealer cer-
uments described in subsection (2) of this WLÀFDWHLIWKHGHDOHUPRYHVDSODFHRIEXVLQHVV
VHFWLRQ RUFKDQJHVWKHEXVLQHVVQDPHZLWKRXWÀUVW
(a) May charge a purchaser of a vehicle a REWDLQLQJDFRUUHFWHGGHDOHUFHUWLÀFDWHXQGHU
document processing fee for the preparation 256
RIWKRVHGRFXPHQWV (c) A vehicle dealer commits the offense
of failure to maintain proper vehicle dealer
records if the dealer does not keep records or
new motor vehicles with another motor vehicle (c) Represent that the motor vehicle broker
dealer who has a franchise that is with the is providing a free service to the buyer or
same franchisor as the motor vehicle broker; lessee, unless the motor vehicle broker has not
or received and will not receive any compensation
(C) Receiving a referral fee from another 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 vehicle broker will be compensated by the seller
who holds a valid, current vehicle dealer cer- RUOHVVRUIRUWKHWUDQVDFWLRQ
WLÀFDWHLVVXHGXQGHU256DQGZKR (5) When representing a buyer or lessee, a
receives a fee for acting on behalf of a buyer or motor vehicle broker shall act only as an agent
lessee to arrange or negotiate the purchase or 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 ment to act as a broker on behalf of the buyer
services to be provided by the motor vehicle or lessee and later negotiated to sell or lease a
broker; motor vehicle from the broker’s dealer inven-
(b) A description of the fees the motor vehicle WRU\WRWKHEX\HURUOHVVHH
broker will charge for the brokerage services (A) Act as an agent for or represent the buyer
and a description of any deposits that are or lessee;
required to be paid before the motor vehicle
is delivered to the buyer or lessee; (B) Charge the buyer or lessee a fee for bro-
kerage services;
(c) A description of how the motor vehicle
broker will charge and collect the fees and (C) Purchase or lease a motor vehicle on
deposits described in paragraph (b) of this behalf of a buyer or lessee and then sell or lease
subsection; and that vehicle to the buyer or lessee as a motor
vehicle dealer; or
(d) A statement of whether or not the motor
vehicle broker is responsible for warranty ser- (D) Sell a motor vehicle to a buyer or lease
YLFHZRUNRQWKHPRWRUYHKLFOH a motor vehicle to a lessee, unless the motor
vehicle broker provides the buyer or lessee with
,QDGGLWLRQWRWKHZULWWHQGLVFORVXUH a clear and conspicuous written disclosure that
required under subsection (2) of this section, is signed by the buyer or lessee and that states
a motor vehicle broker shall provide a state- WKHIROORZLQJ
ment to the buyer or lessee if the motor vehicle
broker adds a fee for brokerage services to the (i) The motor vehicle broker is no longer
purchase price or capitalized cost of the motor acting as the agent for the buyer or lessee for
vehicle and the fee was negotiated with the the purposes of the sale or lease; and
VHOOHURUOHVVRURQEHKDOIRIWKHEX\HURUOHVVHH (ii) The motor vehicle broker is acting as a
The statement required under this subsection motor vehicle dealer with whom the buyer or
PXVW lessee is free to negotiate the purchase price
D,QIRUPWKHEX\HURUOHVVHHWKDWIHHVIRU RUOHDVHWHUPVRIWKHPRWRUYHKLFOH>F
brokerage services have been added to the pur- F@
chase price or capitalized cost; 822.050 Revocation, cancellation or sus-
(b) State that the fees for brokerage services SHQVLRQRIFHUWLÀFDWH(1) The Department of
will be paid to the motor vehicle broker by the Transportation may revoke, suspend or place
seller or lessor; and on probation a vehicle dealer if the department
determines at any time for due cause that the
(c) Be clear and conspicuous in not less than GHDOHUKDVGRQHDQ\RIWKHIROORZLQJ
SRLQWEROGW\SH
(a) Violated any grounds for revocation,
$PRWRUYHKLFOHEURNHUPD\QRW suspension or probation adopted by the depart-
(a) Calculate any fee charged to the buyer or PHQWE\UXOHXQGHU256
lessee as a percentage of the savings achieved (b) Failed to comply with the requirements
by the motor vehicle broker for the buyer or of the vehicle code with reference to notices or
lessee on the purchase or lease of the motor UHSRUWVRIWKHWUDQVIHURIYHKLFOHVRUFDPSHUV
vehicle;
(c) Caused or suffered or is permitting the
(b) Collect from both the buyer and seller or XQODZIXOXVHRIDQ\FHUWLÀFDWHRUUHJLVWUDWLRQ
both the lessee and lessor a fee for brokerage SODWHV
services that are for the same transaction;
being conducted and the location of the recre- the transfer or assignment of any right or inter-
ational vehicle service facility that is listed in est in the motor vehicle or any right under the
WKHGHDOHUFHUWLÀFDWHDSSOLFDWLRQGHVFULEHGLQ lease contract or security agreement;
256>F@ (c) The person is not a party to the lease
NoteWRZHUHHQDFWHGLQWR contract or security agreement;
law by the Legislative Assembly but were not (d) The person does not obtain, prior to the
added to or made a part of the Oregon Vehicle transfer or assignment, written consent from
Code or any chapter or series therein by legis- the lessor or secured party as appropriate; and
ODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ (e) The person receives compensation
or other consideration for the transfer or
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participation in show. (1) As used in this
VHFWLRQ´VKRZµPHDQVDVLWHZKHUHUHFUHDWLRQDO (2) The offense described in this section,
vehicles are temporarily displayed and offered unlawful subleasing of a motor vehicle, is a
IRUVDOH´6KRZµGRHVQRWLQFOXGHDVLWHWKDWLV &ODVV$PLVGHPHDQRU>F@
used to display recreational vehicles for more
than 10 days or that is a place of business listed
RQDVXSSOHPHQWDOFHUWLÀFDWHLVVXHGXQGHU256 TRANSFER OF VEHICLES
BY LIEN CLAIMANTS
(2) A recreational vehicle dealer may not 822.093 Sale of vehicles involving pos-
participate in a show conducted at a site that sessory liens; records; rules; penalty. (1)
is more than 50 miles from the dealer’s place of 1RWZLWKVWDQGLQJ256NRU/D
EXVLQHVVOLVWHGLQWKHGHDOHUFHUWLÀFDWHDSSOLFD- lien claimant who sells or offers for sale vehi-
WLRQGHVFULEHGLQ256XQOHVVWKHVKRZ cles being sold to foreclose possessory liens,
includes a display by at least two recreational or sells or offers for sale vehicles acquired
vehicle dealers and the dealer obtains a show through possessory liens, shall keep records
license from the Department of Transportation VXIÀFLHQWWRHVWDEOLVKWKDWDOOYHKLFOHVEHLQJ
DVGHVFULEHGLQ256>F@ sold or offered for sale were acquired by the
OLHQFODLPDQWDVWKHUHVXOWRIDSRVVHVVRU\OLHQ
Note6HHQRWHXQGHU Records kept in accordance with this subsec-
822.084 Show license; fee; rules. (1) A tion must be made available to the Department
SHUVRQZKRRUJDQL]HVDVKRZDVGHÀQHGLQ RI7UDQVSRUWDWLRQRQUHTXHVW
256VKDOODSSO\WRWKH'HSDUWPHQW (2) The department may adopt such rules
of Transportation at least 30 days prior to the as are necessary to carry out the provisions of
commencement of the show for a show license this section, including but not limited to rules
for each recreational vehicle dealer participat- WKDW
LQJLQWKHVKRZ7KHDSSOLFDWLRQPXVWLQFOXGH
for each dealer participating in the show the (a) Specify the form in which the records
name under which the business is being con- must be kept, how the records must be main-
ducted and the street address, city and county tained and the period for which they must be
of the dealer’s place of business, both as listed UHWDLQHG
LQWKHGHDOHUFHUWLÀFDWHDSSOLFDWLRQGHVFULEHG (b) Specify how the records will be provided
LQ256 WRWKHGHSDUWPHQWLIUHTXHVWHG
(2) A person who receives a show license (c) Specify how lien claimants will notify the
from the department shall pay the fee for a department when vehicles are sold to foreclose
VKRZOLFHQVHHVWDEOLVKHGXQGHU256 possessory liens and when vehicles acquired
(3) The department may adopt all rules nec- WKURXJKSRVVHVVRU\OLHQVDUHVROG
essary and proper for the administration and (3) Rules adopted under this section shall be
HQIRUFHPHQWRI256WR> developed in consultation with representatives
FF@ of those lien claimants who may be affected by
Note6HHQRWHXQGHU this section, including but not limited to towing
EXVLQHVVRSHUDWRUV
(4) The department may impose a civil pen-
SUBLEASING VEHICLES
alty, in an amount not to exceed $1,000 for each
822.090 Unlawful subleasing of motor violation, against any person who violates this
vehicle; penalty. (1) A person commits the section or any rules adopted by the depart-
offense of unlawful subleasing of a motor vehi- PHQWXQGHUWKLVVHFWLRQ&LYLOSHQDOWLHVVKDOO
FOHLI EHLPSRVHGDVSURYLGHGLQ256>
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(a) The person transfers or assigns, purports
to transfer or assign or knowingly assists in the 822.094 Transfer by lien claimant. A
transfer or assignment or purported transfer or sale, consignment or other transfer by a lien
assignment of any right or interest in the motor claimant does not constitute a sale for purposes
vehicle or under the lease contract or security RI256/LIWKHVDOHFRQVLJQPHQW
agreement to a person who is not a party to or other transfer is to the holder of a current,
the lease contract or security agreement; YDOLGGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256
RUWRWKHKROGHURIDFXUUHQWYDOLG
(b) The motor vehicle is subject to a lease YHKLFOHGHDOHUFHUWLÀFDWHLVVXHGXQGHU256
contract or security agreement that prohibits
F´0RELOHPRWRUYHKLFOHFUXVKHUµPHDQV GLVPDQWOHUFHUWLÀFDWHXQGHU256IRU
DPDFKLQHWKDWFRPSDFWVRUÁDWWHQVDPRWRU WKHWHPSRUDU\ORFDWLRQ>F
vehicle into a crushed motor vehicle and is F@
GHVLJQHGWREHWUDQVSRUWHGRQDKLJKZD\ 822.135 Improperly conducting motor
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
LVVXHGXQGHU256DQGWKHSHUVRQGRHV
(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
FHUWLÀFDWHDWDSODFHRIEXVLQHVVRIWKHSHUVRQ
,QWKHRSHUDWLRQRIDPRWRUYHKLFOHGLV- DWDOOWLPHVZKLOHWKHFHUWLÀFDWHLVLQIRUFH
PDQWOLQJEXVLQHVVDGLVPDQWOHU
E([SDQGVWKHGLPHQVLRQVRIRUPRYHVDQ\
(a) Must physically separate or visually label of the person’s places of business or opens any
a wrecked vehicle in a manner that readily additional places of business without obtaining
LGHQWLÀHVWKHRZQHUVKLSVWDWXVRIWKHZUHFNHG DVXSSOHPHQWDOGLVPDQWOHUFHUWLÀFDWHE\WKH
vehicle if the dismantler takes possession of SURFHGXUHXQGHU256
the wrecked vehicle without immediately
obtaining an ownership record or salvage title (c) Fails to maintain records at the person’s
FHUWLÀFDWH$GLVPDQWOHUQHHGQRWVHSDUDWHRU established place of business that record and
visually identify a wrecked vehicle pursuant GHVFULEHWKHIROORZLQJ
to this subsection if the vehicle is subject to an $(YHU\PRWRUYHKLFOHSXUFKDVHGWUDQV-
H[HPSWLRQXQGHU256RULVREWDLQHG ferred, wrecked, dismantled, disassembled or
IURPDMXULVGLFWLRQWKDWGRHVQRWLVVXHFHUWLÀ- substantially altered by the person;
FDWHVRIWLWOH (B) The name and address of the person to
(b) May not remove parts from or destroy a and from whom the vehicle was transferred;
motor vehicle prior to obtaining an ownership &7KHYHKLFOHLGHQWLÀFDWLRQQXPEHUDQG
UHFRUGRUVDOYDJHWLWOHFHUWLÀFDWHIRUWKHYHKLFOH RWKHULGHQWLÀFDWLRQPDUNVRUQXPEHUVRQWKH
(c) Must demolish the registration plates of vehicle; and
a wrecked vehicle at the time the ownership (D) A statement indicating any such num-
UHFRUGLVUHFHLYHG bers or marks that have been obliterated,
(d) Must notify the Department of Trans- GHIDFHGRUFKDQJHG
portation of any changes in the information G([FHSWDVRWKHUZLVHSURYLGHGIDLOVWR
provided to the department in the application surrender to the Department of Transporta-
IRUDGLVPDQWOHUFHUWLÀFDWHZLWKLQGD\VRI tion, within 30 days after the date the person
WKHFKDQJH DFTXLUHVWKHWLWOHDFHUWLÀFDWHRIWLWOHRURWKHU
(e) Must furnish a written report to the primary ownership document or ownership
department, in a form established by the UHFRUGIRUDPRWRUYHKLFOH,IWKHYHKLFOHLV
department by rule, after a wrecked vehicle delivered to the person under the provisions
LVGLVPDQWOHGRUGHVWUR\HG RI256RUDFRS\RIWKHQRWL-
(3)(a) A dismantler using a mobile motor ÀFDWLRQWRWKHGHSDUWPHQWXQGHU256
YHKLFOHFUXVKHUVKDOO RULVVXIÀFLHQWWRFRPSO\ZLWKWKHSUR-
YLVLRQVRIWKLVSDUDJUDSK
(A) Hold a current, valid dismantler certif-
LFDWHLVVXHGXQGHU256 (e) Refuses, at any time, to allow a police
RIÀFHURUDQHPSOR\HHRIWKHGHSDUWPHQWWR
(B) Conspicuously display on the mobile inspect the books, records, inventory or prem-
motor vehicle crusher the name of the disman- ises of the person’s motor vehicle dismantling
tler’s business as listed on the dismantler’s EXVLQHVV
application submitted pursuant to ORS
DQGWKHGLVPDQWOHUFHUWLÀFDWHQXPEHU (f) Fails to maintain, for the purposes of the
LVVXHGE\WKHGHSDUWPHQW person’s motor vehicle dismantling business,
a building or an enclosure or other barrier at
(C) Comply with all of the applicable stat- least six feet in height that is constructed,
utes and rules regulating dismantlers at established or formed in compliance with rules
each location where the dismantler uses the DGRSWHGE\WKHGHSDUWPHQW
PRELOHPRWRUYHKLFOHFUXVKHU,IWKHGLVPDQWOHU
is using a mobile motor vehicle crusher at a (g) Fails to keep the premises on the out-
ORFDWLRQDSSURYHGXQGHUDGLVPDQWOHUFHUWLÀ- side of the establishment clear and clean at
cate, the dismantler who holds the dismantler DOOWLPHV
FHUWLÀFDWHIRUWKHORFDWLRQVKDOOEHUHVSRQVL- (h) Conducts any wrecking, dismantling or
ble for complying with all statutes and rules altering of vehicles outside the building, enclo-
UHJDUGLQJGLVPDQWOHUV 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
building, enclosure or barrier of the place of transfer cases, cabs, doors, differentials, front
EXVLQHVV or rear clips, quarter panels, truck beds or
( j) Fails to immediately file with the ER[HVKRRGVEXPSHUVIHQGHUVDQGDLUEDJV
department, upon transfer of a wrecked or The Department of Transportation may by
dismantled motor vehicle, the form furnished rule designate other motor vehicle parts not
by the department to report the date of trans- VSHFLÀHGLQWKLVVXEVHFWLRQDVPDMRUFRPSRQHQW
fer, a description of the vehicle, the name and SDUWV´0DMRUFRPSRQHQWSDUWµGRHVQRWLQFOXGH
address of the purchaser and other informa- cores or parts of cores that require remanufac-
tion respecting the vehicle required by the turing or that are limited in value to that of
GHSDUWPHQW VFUDSPHWDO
N([FHSWDVRWKHUZLVHSURYLGHGLQWKLV ,QDGGLWLRQWRDQ\RWKHUSHQDOW\SUR-
paragraph, fails to keep the business hidden vided by law, the department may impose on
or adequately screened by the terrain or other a dismantler, in the manner provided by ORS
natural objects or by plantings, fences or other DFLYLOSHQDOW\QRWWRH[FHHG
appropriate means so as not to be visible SHUYLRODWLRQLIWKHGLVPDQWOHU
from the main traveled way of the highway (a) Acquires a motor vehicle or major com-
in accordance with the rules of the Director SRQHQWSDUWZLWKRXWREWDLQLQJDFHUWLÀFDWHRI
RI7UDQVSRUWDWLRQ7KLVSDUDJUDSKGRHVQRW VDOHDQGLIDSSOLFDEOHDFHUWLÀFDWHRIWLWOH
DSSO\WRDEXVLQHVVWKDWLV (b) Possesses, sells or otherwise disposes
(A) Located in an area zoned for industrial of a motor vehicle or any part of a motor vehi-
use under authority of the laws of this state; cle knowing that the vehicle or part has been
or VWROHQ
(B) A business established before June 30, (c) Sells, buys, receives, conceals, possesses
or disposes of a motor vehicle or any part of
/([SDQGVRUPRYHVDQ\SODFHRIEXVLQHVV a motor vehicle having a missing, defaced,
DSSURYHGXQGHUDGLVPDQWOHUFHUWLÀFDWHRU intentionally altered or covered vehicle iden-
opens any additional locations for the business WLÀFDWLRQQXPEHUXQOHVVGLUHFWHGWRGRVRE\
ZLWKRXWREWDLQLQJDVXSSOHPHQWDOFHUWLÀFDWH DODZHQIRUFHPHQWRIÀFLDO
XQGHU256RUREWDLQLQJDQDGGLWLRQDO (d) Commits forgery in the second degree,
GLVPDQWOHUFHUWLÀFDWH DVGHÀQHGLQ256RUPLVVWDWHVD
(m) Fails to allow the department to conduct PDWHULDOIDFWUHODWLQJWRDFHUWLÀFDWHRIWLWOH
LQVSHFWLRQVDVSURYLGHGXQGHU256 registration or other document related to a
motor vehicle that has been reassembled from
(n) Fails to deploy or remove any air bag SDUWVRIRWKHUPRWRUYHKLFOHV
containing sodium azide from a vehicle before
WKHYHKLFOHLVZUHFNHGRUGLVPDQWOHG H)UDXGXOHQWO\REWDLQVFUHDWHVRUPRGLÀHV
DGLVPDQWOHUFHUWLÀFDWH
(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;
ODWHVVXEVHFWLRQDWRPRIWKLVVHFWLRQ
(7KHYHKLFOHLGHQWLÀFDWLRQQXPEHU
(b) Class D violation if the person violates
VXEVHFWLRQQRURRIWKLVVHFWLRQ (F) The date acquired;
(c) Class C misdemeanor, notwithstanding (G) The vehicle, stock or yard number
paragraph (b) of this subsection, if the person assigned to the vehicle by the dismantler; and
violates subsection (1)(n) or (o) of this section (H) Any other information required by the
and the person has two or more previous con- GHSDUWPHQW
victions for violating subsection (1)(n) or (o) of
WKLVVHFWLRQ>FF J)DLOVWRPDLQWDLQUHFRUGVDWWKHFHUWLÀHG
FFF place of business for three years from the date
FFF of acquisition of a major component part that
FFDF GHVFULEHDQGLGHQWLI\WKHSDUWLQFOXGLQJ
F@ (A) The physical characteristics of the part;
822.137 Dismantler conduct resulting (B) The stock or yard number assigned to
in civil penalty; rules. (1) As used in this the part by the dismantler;
VHFWLRQ ´PDMRU FRPSRQHQW SDUWµ LQFOXGHV
VLJQLÀFDQWSDUWVRIDPRWRUYHKLFOHVXFKDV &7KHYHKLFOHLGHQWLÀFDWLRQQXPEHURIWKH
engines, short blocks, frames, transmissions, motor vehicle from which the part came; and
(D) Any other information required by the (e) May establish zones in which motor vehi-
GHSDUWPHQW cle dismantling businesses are permissible and
(h) Commits a dishonest act or omission other zones where they are prohibited; and
during the sale of a motor vehicle or major (f) May prescribe limitations on the dimen-
component part that, as determined by the sions of the premises on which motor vehicle
GHSDUWPHQWFDXVHVDORVVWRWKHSXUFKDVHU GLVPDQWOLQJEXVLQHVVHVDUHFRQGXFWHG
L,VFRQYLFWHGRIDFULPHLQYROYLQJIDOVH (4) Regulations of a city governing body that
statements or dishonesty that directly relates are adopted under this section apply to motor
to the business of the dismantler or suffers any vehicle dismantling businesses located outside
civil judgment imposed for conduct involving of and within six miles of the boundaries of the
IUDXGPLVUHSUHVHQWDWLRQRUFRQYHUVLRQ city unless the county governing body in which
(j) Fails to comply with any provision of ORS the area is located has adopted regulations
>FF@ under this section that are applicable in the
DUHD>FF
822.140 Local government approval F@
requirements. (1) To meet the requirement
for local government approval of a dismantler 822.145 Imposition of sanctions; rules.
FHUWLÀFDWHXQGHU256RUDVXSSOHPHQ- ,QDGGLWLRQWRDQ\RWKHUSHQDOW\SURYLGHG
WDOFHUWLÀFDWHXQGHU256DQDSSOLFDQW by law, the Department of Transportation
must comply with any regulations established may impose sanctions on any person holding
by a city or county under this section and must DGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256
obtain the approval of the governing body of RULGHQWLÀFDWLRQFDUGRUVXSSOHPHQ-
WKH WDOGLVPDQWOHUFHUWLÀFDWHLVVXHGXQGHU256
LQFOXGLQJEXWQRWOLPLWHGWRSUREDWLRQ
(a) City, if the business is or will be carried or suspension, revocation or cancellation of the
on within an incorporated city of less than GLVPDQWOHUFHUWLÀFDWHRULGHQWLÀFDWLRQFDUGLI
SRSXODWLRQ the department determines at any time for due
(b) County, if the business is or will be car- FDXVHWKDWDQ\RIWKHIROORZLQJKDVRFFXUUHG
ULHGRQRXWVLGHRIDQ\LQFRUSRUDWHGFLW\ D7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(2) A city or county governing body shall failed to comply with any requirements for
JUDQWDSSURYDORIDGLVPDQWOHUFHUWLÀFDWHRU UHJLVWUDWLRQRIYHKLFOHVXQGHUWKHYHKLFOHFRGH
renewal when requested under this section if E7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
WKHJRYHUQLQJERG\ YLRODWHG 256
(a) Approves the applicant as being suitable
to establish, maintain or operate a motor vehi- RU
cle dismantling business; F7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(b) Determines that the location or proposed caused or suffered or is permitting the unlaw-
location meets the requirements for location IXOXVHRIWKHGLVPDQWOHUFHUWLÀFDWH
XQGHU256 G7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(c) Determines that the location does not violated any regulation adopted under ORS
YLRODWHDQ\SURKLELWLRQXQGHU256
and H7KHSHUVRQKROGLQJWKHFHUWLÀFDWHKDV
(d) Approves the location and determines failed to allow the department to conduct
that the location complies with any regulations LQVSHFWLRQVDVSURYLGHGXQGHU256
DGRSWHGE\DFLW\RUFRXQW\XQGHUWKLVVHFWLRQ I7KHSHUVRQKROGLQJDQLGHQWLÀFDWLRQFDUG
(3) The governing body of a city or county has unlawfully used or permitted unlawful use
may regulate the expansion of premises or the RIWKHFDUG
establishment of premises at a new location (2) The department shall cancel or suspend
XQGHUDGLVPDQWOHUFHUWLÀFDWH$QDSSOLFDQW DQ\GLVPDQWOHUFHUWLÀFDWHLPPHGLDWHO\
must comply with the regulations before the
Department of Transportation may issue a sup- (a) Upon receipt of legal notice that the bond
SOHPHQWDOGLVPDQWOHUFHUWLÀFDWH,QDGRSWLQJ GHVFULEHGXQGHU256LVFDQFHOHGRU
regulations under this subsection, a governing (b) For failure to pay any penalty imposed
ERG\ XQGHU256RU
(a) Shall consider the extent of development (3) Upon revocation, cancellation or suspen-
of surrounding property as a residential area; VLRQRIDGLVPDQWOHUFHUWLÀFDWHRULGHQWLÀFDWLRQ
(b) Shall consider the proximity of churches, card under this section, the department shall
schools, hospitals, public buildings or other UHFDOODQGGHPDQGWKHUHWXUQRIWKHFHUWLÀFDWH
places of public gathering; RULGHQWLÀFDWLRQFDUG
F6KDOOFRQVLGHUWKHVXIÀFLHQF\LQQXPEHU ,IWKHGHSDUWPHQWKDVUHDVRQWREHOLHYH
of other motor vehicle dismantling businesses that a person has engaged in or is engaging
in the vicinity; LQDQ\DFWLYLW\SURKLELWHGXQGHU256
the department may issue an order directed at
(d) Shall consider the health, safety and WKHSHUVRQWRFHDVHWKHDFWLYLW\
general welfare of the public;
(d) That towing businesses offer transpor- (a) The person is not subject to the prohibi-
tation at a reasonable cost from within the WLRQVDQGSHQDOWLHVXQGHU256ZKLOH
immediate vicinity of the place from which transporting vehicles as provided under this
WKHYHKLFOHZDVWRZHGWRWKHWRZHGYHKLFOH VHFWLRQ
(e) That towing businesses establish loca- (b) The person is entitled to apply for and
tions for towed vehicles in such a way that no UHFHLYHDVXIÀFLHQWQXPEHURIVSHFLDOYHKLFOH
vehicle will be towed a greater distance than transporter plates or devices and may trans-
LVQHFHVVDU\DQGUHDVRQDEOH port vehicles as provided under this section
(f) That towed vehicles be stored in a public ZKLOHGLVSOD\LQJWKHSODWHRUGHYLFH2QO\RQH
location that has at least one attendant on duty SODWHRUGHYLFHVKDOOEHGLVSOD\HGRQDYHKLFOH
DWDOOWLPHV>F@ The plates or devices shall require a fee for
LVVXDQFHDVSURYLGHGLQ256$SODWH
or device issued under this paragraph may be
VEHICLE TRANSPORTERS XVHGRQDQ\YHKLFOHWUDQVSRUWHGE\WKHSHUVRQ
822.300 Acting as vehicle transporter (c) The person may drive or tow on its
ZLWKRXWFHUWLÀFDWHH[HPSWLRQVSHQDOW\ own wheels over the highways of this state
(1) A person commits the offense of acting as a any unregistered vehicle or manufactured
YHKLFOHWUDQVSRUWHUZLWKRXWDFHUWLÀFDWHLIWKH structure from outside this state or from
person is not the holder of a vehicle transporter manufacturers or dealers within this state
FHUWLÀFDWHLVVXHGXQGHU256DQGWKH to a prospective purchaser, manufacturer or
person drives or tows over the highways of this dealer in this or any other state, territory or
VWDWH IRUHLJQFRXQWU\7KLVSDUDJUDSKRQO\SHUPLWV
the person to transport manufactured struc-
D$YHKLFOHWKDWLV tures from the place of manufacture to the
(A) Required to be registered under the place of business of a manufactured structure
vehicle code; GHDOHUKROGLQJDOLFHQVHXQGHU256RU
RUDWHPSRUDU\PDQXIDFWXUHGVWUXF-
(B) Driven or towed on its own wheels; WXUHGHDOHUOLFHQVHXQGHU256RUWRD
(C) Driven or towed from outside this state SODFHRXWVLGHRI2UHJRQ$Q\RWKHUPRYHPHQWRI
or from a manufacturer or vehicle dealer a manufactured structure by the person must
within this state; and be under a trip permit issued by a county as
agent for the Department of Consumer and
(D) Driven or towed to a prospective pur- %XVLQHVV6HUYLFHV
chaser, manufacturer or dealer or the agent
thereof either in this state or in any other state, (2) The Department of Transportation shall
territory or foreign country; or provide for the issuance and renewal of vehicle
WUDQVSRUWHUFHUWLÀFDWHVXQGHUWKLVVHFWLRQWR
E$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- D$FHUWLÀFDWHGHVFULEHGLQWKLVVHFWLRQ
WLÀFDWHLVD&ODVV'WUDIÀFYLRODWLRQ> is valid for a one-year period and shall be
FFF UHQHZHGDVSURYLGHGE\WKHGHSDUWPHQW
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(b) The department shall not issue a certif-
822.305 Exemptions from vehicle icate to a person until the fee for issuance of
WUDQVSRUWHUFHUWLÀFDWLRQUHTXLUHPHQW WKHFHUWLÀFDWHXQGHU256LVSDLG
,QDGGLWLRQWRDQ\H[HPSWLRQVIURPWKHYHKLFOH
FRGHXQGHU256256GRHV (4) The department may adopt necessary
QRWDSSO\WRWKHIROORZLQJ rules for the administration of the laws relating
to the regulation of vehicle transporters, the
(1) Vehicles lawfully operated with plates issuance and renewal of vehicle transporter
furnished to vehicle dealers under ORS FHUWLÀFDWHVWKHLVVXDQFHRIYHKLFOHWUDQVSRUWHU
LGHQWLÀFDWLRQFDUGVDQGWKHLVVXDQFHRIYHKLFOH
(2) Vehicles lawfully operated with registra- WUDQVSRUWHUSODWHV7KHUXOHVDGRSWHGXQGHU
WLRQSODWHVLVVXHGE\WKLVVWDWH this subsection must be consistent with any
rules regarding vehicle transporters that are
(3) Vehicles being towed by other vehicles DGRSWHGXQGHU256FKDSWHU7KHUXOHVPD\
lawfully operated with plates issued for towing include, but are not limited to, grounds and
EXVLQHVVHVXQGHU256>F procedures for the revocation, denial or suspen-
F@ VLRQRIYHKLFOHWUDQVSRUWHUFHUWLÀFDWHVDQGIRU
822.310 Privileges granted by cer- placing vehicle transporters on probationary
WLÀFDWH GXUDWLRQ UHQHZDO IHH UXOHV VWDWXV
suspension or revocation; regulation of $SHUVRQLVVXHGDFHUWLÀFDWHXQGHUWKLV
holder. (1) The holder of a current, valid vehi- section is subject to regulation under ORS
FOHWUDQVSRUWHUFHUWLÀFDWHLVVXHGXQGHUWKLV FKDSWHU>FF
section may exercise the following privileges FFGF
XQGHUWKLVFHUWLÀFDWH
Chapter 823
(',7,21
CARRIER REGULATION GENERALLY
M256WHPSRUDU\SDVVIRUVLQJOH 823.020>)RUPHUO\F
WULSRUVKRUWWLPHRSHUDWLRQRIYHKLFOH FFF
N256DVVHVVPHQWRIWD[IRUXVH UHQXPEHUHGLQ@
RIKLJKZD\V
/256UHJLVWUDWLRQRIFHUWDLQ INVESTIGATIONS, HEARINGS, RULINGS
YHKLFOHVQRWDOUHDG\UHJLVWHUHGZLWKVWDWH 823.021 Investigating management of
(2) A suspension under this section may carriers. The Department of Transporta-
occur prior to a declaration of a state of tion may inquire into the management of the
HPHUJHQF\XQGHU256EXWPD\QRW business of all motor carriers and railroads,
exceed 72 hours unless a state of emergency and shall keep informed as to the manner and
LVGHFODUHGXQGHU256,IDVWDWHRI PHWKRGLQZKLFKWKHEXVLQHVVLVFRQGXFWHG7KH
HPHUJHQF\LVGHFODUHGXQGHU256WKH department has the right to obtain from any
suspension shall last until the state of emer- motor carrier or railroad all necessary infor-
gency is terminated as provided under ORS mation to enable the department to perform its
GXWLHVUHODWHGWRPRWRUFDUULHUVDQGUDLOURDGV
>F@
(3) The director may designate by rule a
line of succession of deputy directors or other 823.023 Right of entry onto premises
employees of the department who may suspend of any carrier or of business tendering
operations of statutes under this section in the hazardous materials for shipment. (1) The
HYHQWWKHGLUHFWRULVQRWDYDLODEOH$Q\VXV- Department of Transportation or authorized
pension by a person designated by the director representatives may enter upon any premises,
under this subsection has the same force and or any equipment, rolling stock or facilities
effect as if issued by the director, except that, operated or occupied by any motor carrier or
if the director can be reached, the suspension railroad for the purpose of making any inspec-
PXVWEHDIÀUPHGE\WKHGLUHFWRUZKHQWKH tion, examination or test reasonably required
GLUHFWRULVUHDFKHG,IWKHGLUHFWRUGRHVQRW in the administration of ORS chapters 823,
set aside a suspension within 24 hours of being DQGDQGWRVHWXSDQGXVHRQVXFK
reached, the suspension shall be considered premises, equipment, rolling stock or facilities
DIÀUPHGE\WKHGLUHFWRU>F any apparatus or appliance and occupy reason-
F@ DEOHVSDFHWKHUHIRU
NoteZDVDGGHGWRDQGPDGHDSDUW (2) The department or authorized represen-
of the Oregon Vehicle Code by legislative action tatives shall, upon demand, have the right to
but was not added to ORS chapter 823 or any inspect the books, accounts, papers, records
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG and memoranda of any motor carrier or rail-
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ URDGDQGWRH[DPLQHXQGHURDWKDQ\RIÀFHU
agent or employee of such motor carrier or
823.013 Validity of rules, orders, acts UDLOURDGLQUHODWLRQWRLWVEXVLQHVVDQGDIIDLUV
and regulations of department; construc-
tion of laws. (1) A substantial compliance with (3) Any person who on behalf of the depart-
the requirements of the laws administered by ment makes demand of a motor carrier or
the Department of Transportation regarding railroad for an examination, inspection or
PRWRUFDUULHUVDQGUDLOURDGVLVVXIÀFLHQWWR test shall, upon request therefor, produce a
give effect to all the rules, orders, acts and FHUWLÀFDWHXQGHUWKHVHDORIWKHGHSDUWPHQW
regulations of the department and they shall showing authority to make such examination,
not be declared inoperative, illegal or void for LQVSHFWLRQRUWHVW
any omission of a technical nature in respect (4) The department or authorized repre-
WKHUHWR sentatives shall, upon demand, have the right
(2) The provisions of such laws shall be to enter any premises of a business that the
liberally construed with a view to the public department has reasonable cause to believe
ZHOIDUHHIÀFLHQWIDFLOLWLHVDQGVXEVWDQWLDOMXV- tendered for shipment, by motor or rail, any
tice between customers and motor carriers or hazardous material and to make any exam-
UDLOURDGV>F@ ination, inspection or test reasonably required
to determine compliance with the health and
823.015 Service of notice or other legal safety regulations administered or enforced by
process. The service or delivery of any notice, WKHGHSDUWPHQW$Q\SHUVRQZKRRQEHKDOIRI
order, form or other document or legal process the department demands to make an exam-
required to be made by the Department of ination, inspection or test, shall produce
Transportation in connection with any statute XSRQUHTXHVWDFHUWLÀFDWHXQGHUWKHVHDORI
governing motor carriers or railroads may be the department showing authority to make the
PDGHE\PDLO,IE\PDLOVHUYLFHRUGHOLYHU\LV H[DPLQDWLRQLQVSHFWLRQRUWHVW
made when the required material is deposited
LQWKHSRVWRIÀFHLQDVHDOHGHQYHORSHZLWK (5) Nothing in this section authorizes the
postage paid, addressed to the person on whom department to use any information developed
it is to be served or delivered, at the address as thereunder for any purpose inconsistent with
LWODVWDSSHDUVLQWKHUHFRUGVRIWKHGHSDUWPHQW any statute governing motor carriers or rail-
>F@ roads and administered by the department or
to make a disclosure thereof for other than
UHJXODWRU\SXUSRVHV>F
FF@
SXUVXDQWWR256WR GHÀQHKD]DUGRXVPDWHULDOE\UXOH7KHGHÀQL-
WRDQGWR WLRQVKDOOEHFRQVLVWHQWZLWKIHGHUDOGHÀQLWLRQV
1RWZLWKVWDQGLQJ256DQG RIWKHWHUP>F@
(2), an individual who is not an attorney may 823.063 Notice and opportunity to cor-
represent that individual or other persons who rect hazardous material violations. (1)
consent to such representation in any pro- The Department of Transportation may not
ceeding before the department involving the LPSRVHSHQDOWLHVVSHFLÀHGLQ256FKDSWHUV
regulation of transportation matters pursuant DQGDJDLQVWDSHUVRQZKR
WR256FKDSWHU causes hazardous materials to be transported
(4) Any compromises, agreements, admis- unless the person has received prior written
sions, stipulations, statements of fact or other QRWLFHRIWKHYLRODWLRQDQGÀYHGD\VWRFRUUHFW
such action taken by the representative at WKHYLRODWLRQ
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
$VXVHGLQWKLVVHFWLRQ´DWWRUQH\µKDV (b) Any violation that causes substantial
the meaning for that term provided in ORS KDUPWRKXPDQKHDOWKRUWKHHQYLURQPHQW
>FDF@ >F@
823.037 Declaratory rulings. On petition 823.070>)RUPHUO\F
of any interested person, the Department of FFUHQXPEHUHG
Transportation may issue a declaratory ruling LQ@
with respect to the applicability to any person,
property, or state of facts of any rule or statute
regarding motor carriers or railroads that is AGENCY ABANDONMENT
HQIRUFHDEOHE\WKHGHSDUWPHQW$GHFODUDWRU\
ruling is binding between the department and 'HÀQLWLRQV IRU 256
the petitioner on the state of facts alleged, and 823.075. $VXVHGLQ256DQG
XQOHVVLWLVPRGLÀHGYDFDWHGRUVHWDVLGHE\ WKHIROORZLQJWHUPVKDYHWKHIROORZLQJ
WKH&RXUWRI$SSHDOV+RZHYHUWKHGHSDUWPHQW PHDQLQJV
may review the ruling and modify, vacate or ´$JHQF\µPHDQVDQ\SODFHSURYLGHGE\D
set it aside if requested by the petitioner or for-hire carrier for the accommodation of the
RWKHUSDUW\WRWKHSURFHHGLQJ%LQGLQJUXOLQJV public in the receipt, delivery, billing or rout-
provided by this section are subject to review ing of freight, or in the loading or discharge
in the Court of Appeals in the manner pro- of passengers, at which an agent is provided
YLGHGLQ256IRUWKHUHYLHZRIRUGHUV WRVHUYHWKHSXEOLF
LQFRQWHVWHGFDVHV>F@
´$JHQWµPHDQVWKHSHUVRQLQFKDUJHRI
823.040>)RUPHUO\UHSHDOHGE\ the transaction of business with the public at
F@ DQ\VWDWLRQRUDJHQF\
823.050>FUHSHDOHGE\ ´&RPPRQFDUULHUµPHDQVDQ\UDLOURDGDV
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ULHUE\PRWRUYHKLFOHDVGHÀQHGLQ256
DESTRUCTION OF EQUIPMENT LIWKHFDUULHUWUDQVSRUWVSHUVRQV>)RUPHUO\
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823.051 Interference with department 823.073 Common carrier not to aban-
equipment. No person shall destroy, injure don agencies or withdraw agent without
or interfere with any apparatus or appliance approval of department. No common carrier
owned or operated by or in charge of the shall abandon any of its agencies, or withdraw
Department of Transportation, or any appa- the agent therefrom, without the prior written
UDWXVRUDSSOLDQFHVHDOHGE\WKHGHSDUWPHQW DXWKRULW\RIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
>F@ ,IWKHSULPDU\EXVLQHVVRIWKHDJHQWRUDJHQF\
823.060>)RUPHUO\F is not that of a common carrier, the loss of the
FFUHQXPEHUHG use of such agent or agency without the fault
LQ@ 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
HAZARDOUS MATERIALS GENERALLY immediately upon being informed thereof and
823.061 Applicability of hazardous secure another agent or agency within a rea-
material safety regulations; rules. The VRQDEOHSHULRGRIWLPH>)RUPHUO\@
federal hazardous material safety regula- 823.075 Petitioning department for
tions adopted, implemented or enforced by authority to abandon agency or withdraw
the Department of Transportation shall be agent. (1) Any common carrier may petition
applicable to any person who transports, or the Department of Transportation for author-
causes to be transported, by motor or rail, a ity to abandon any agency or to withdraw the
KD]DUGRXVPDWHULDO7KHGHSDUWPHQWVKDOO DJHQWIURPDQDJHQF\
(2) Upon receipt of a petition to abandon or requirements of the department made pursu-
withdraw under this section, the department DQWWKHUHWR
shall give written notice of the petition to all (3) Upon the request of the department,
NQRZQFXUUHQWFXVWRPHUVRIVXFKDJHQF\,I the Attorney General or the district attorney
the petition requests authority to abandon of the proper county shall aid in any investi-
or withdraw any agency or agent involved in gation, hearing or trial, and shall institute
transportation services using motor buses, the and prosecute all necessary suits, actions or
department shall provide notice of the petition proceedings for the enforcement of those laws
for authority and of rights to protest by publica- and ordinances referred to in subsection (1) of
tion in addition to any written notice required WKLVVHFWLRQ
E\WKLVVXEVHFWLRQ:KHQQRWLFHE\SXEOLFDWLRQ
is required under this subsection, such notice (4) Any forfeiture or penalty provided for
must be published in a newspaper of general in any law regarding motor carriers or rail-
circulation in the county where the affected roads administered by the department shall
DJHQF\LVORFDWHG be recovered by an action brought thereon in
the name of the State of Oregon in any court of
,IDQ\FXVWRPHUÀOHVZLWKWKHGHSDUW- appropriate jurisdiction or as provided in ORS
ment a written protest to the abandonment >FF
of the agency or the withdrawal of the agent F@
therefrom within 30 days from the date written
notice is given, the department shall schedule 823.083 Enjoining violation of carrier
a hearing to be held within 30 days from the laws. (1) Whenever it appears to the Depart-
ÀOLQJRIVXFKSURWHVW,IQRWLFHE\SXEOLFDWLRQ ment of Transportation that any motor carrier,
is required under subsection (2) of this section railroad or any other person subject to the
WKHQSURWHVWPD\EHÀOHGDVSURYLGHGXQGHU jurisdiction of the department is engaged or
this subsection, within 30 days after the writ- about to engage in any acts or practices that
ten notice or published notice, whichever is constitute a violation of any statute regard-
ODWHU ing motor carriers or railroads administered
by the department, or any rule, regulation,
,I D KHDULQJ LV SURYLGHG XQGHU WKLV requirement, order, term or condition issued
section, the hearing shall be held at some thereunder, the department may apply to any
convenient place in the county in which such circuit court of the state where such motor car-
DJHQF\LVORFDWHG rier, railroad or any other person subject to the
(5) Where a common carrier seeks to move jurisdiction of the department operates for the
the location of its agent or agency from one enforcement of such statute, rule, regulation,
point within a city to another point within such UHTXLUHPHQWRUGHUWHUPRUFRQGLWLRQ
city the department may approve such move (2) Such court, without bond, has jurisdic-
ZLWKRXWDKHDULQJ>)RUPHUO\@ tion to enforce obedience thereto by injunction,
823.>)RUPHUO\F or by other processes, mandatory or otherwise,
UHQXPEHUHGLQ@ restraining such motor carrier, railroad or any
other person subject to the jurisdiction of the
GHSDUWPHQWRULWVRIÀFHUVDJHQWVHPSOR\HHV
ENFORCEMENT AND REMEDIES and representatives from further violations of
823.081 Enforcement of laws relating to such statute, rule, regulation, requirement,
carriers. (1) The Department of Transporta- order, term or condition, and enjoining upon
tion shall inquire into any neglect or violation WKHPREHGLHQFHWKHUHWR
of any law of this state, or any law or ordinance (3) The provisions of this section are in addi-
of any municipality thereof, relating to motor tion to and not in lieu of any other enforcement
carriers or railroads by any motor carrier or provisions contained in any statute adminis-
UDLOURDGGRLQJEXVLQHVVWKHUHLQLWVRIÀFHUV WHUHGE\WKHGHSDUWPHQW>F@
agents or employees and shall enforce all laws
of this state relating to motor carriers and 823.085 Liability for damages to
railroads and may enforce all such laws and injured person. (1) Any motor carrier or
RUGLQDQFHVRIDPXQLFLSDOLW\7KHGHSDUWPHQW railroad that does, or causes or permits to be
shall report all violations of any such laws or done, any matter, act or thing prohibited by
RUGLQDQFHVWRWKH$WWRUQH\*HQHUDO 256FKDSWHUVDQGRURPLWV
to do any act, matter or thing required to be
(2) The Attorney General, district attorney GRQHE\256FKDSWHUVDQG
of each county, all state, county and city police is liable to the person injured thereby in the
RIÀFHUVDQGSROLFHRIÀFHUVFRPPLVVLRQHGE\D amount of damages sustained in consequence
XQLYHUVLW\XQGHU256RUVKDOO RIVXFKYLRODWLRQ,IWKHSDUW\VHHNLQJGDPDJHV
assist the department in the administration alleges and proves that the wrong or omission
and enforcement of all laws related to motor was the result of gross negligence or willful
carriers and railroads administered by the misconduct, the motor carrier or railroad is
department, and they, as well as assistants liable to the person injured thereby in treble
and employees of the department, shall inform the amount of damages sustained in conse-
against and diligently prosecute all persons TXHQFHRIWKHYLRODWLRQ7KHFRXUWPD\DZDUG
whom they have reasonable cause to believe reasonable attorney fees to the prevailing
guilty of the violation of any such laws or of SDUW\LQDQDFWLRQXQGHUWKLVVHFWLRQ
the rules, regulations, orders, decisions or
(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
FF@ 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>FF@ (b) of this section in cases where rates depen-
823.090>)RUPHUO\F dent upon and varying with declared or agreed
FUHQXPEHUHGLQ@ values would, in the opinion of the department,
be just and reasonable under the circumstances
823.100>)RUPHUO\F DQGFRQGLWLRQVVXUURXQGLQJWKHWUDQVSRUWDWLRQ
FFUHQXPEHUHG $Q\WDULIIVFKHGXOHÀOHGZLWKWKHGHSDUWPHQW
LQ@ SXUVXDQWWRVXFKRUGHUVKDOOFRQWDLQVSHFLÀF
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
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
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- G0D\DXGLWUDLOÀ[HGJXLGHZD\V\VWHPV
pate before the appropriate federal agency in for compliance with the public transportation
all contested railroad line abandonment pro- DJHQF\VDIHW\SODQ
ceedings involving the proposed abandonment
RIDQ\UDLOURDGOLQHLQWKLVVWDWH3ULRUWRVXFK (e) May investigate any hazard or risk that
participation, the department shall consult WKUHDWHQVWKHVDIHW\RIDUDLOÀ[HGJXLGHZD\
with public entities and users of railroad ser- V\VWHP
YLFHDIIHFWHGE\WKHSURSRVHGDEDQGRQPHQW (f) May investigate any event involving a
>)RUPHUO\@ UDLOÀ[HGJXLGHZD\V\VWHP
(g) May investigate any allegation of non-
SAFETY PROGRAM STANDARD FRPSOLDQFHZLWKDWUDQVLWDJHQF\VDIHW\SODQ
824.045 Department establishment of (4) The department shall implement the
state safety oversight program for rail VWDWHVDIHW\RYHUVLJKWSURJUDPIRUUDLOÀ[HG
À[HGJXLGHZD\V\VWHPIHHUXOHV(1) For guideway systems that are not subject to regu-
WKHSXUSRVHVRIWKLVVHFWLRQ lation by the Federal Railroad Administration
D´$FFLGHQWµPHDQVDQHYHQWWKDWLQYROYHV DQGWKDWDUHQRWVXEMHFWWR86&
one or more persons suffering a serious injury, (5) Unless prohibited by federal law,
property or equipment damage equal to or the department shall set an annual fee for
greater than $25,000, a mainline derailment RZQHUVDQGRSHUDWRUVRIUDLOÀ[HGJXLGHZD\
occurring at any location, or an evacuation of systems to defray the costs of the safety pro-
equipment or a station to prevent injury or loss gram described in this section and the costs
RIOLIH associated with department responsibilities
E´(YHQWµPHDQVDQ\DFFLGHQWLQFLGHQWRU XQGHU2567KHGHSDUWPHQWVKDOO
RFFXUUHQFH establish by rule the manner and timing of the
FROOHFWLRQRIWKHIHH
F´+D]DUGµPHDQVDQ\UHDORUSRWHQWLDOFRQ-
dition that can cause injury, illness or death, )HHVFROOHFWHGE\WKHGHSDUWPHQWWKDW
damage to or loss of the facilities, equipment are in excess of the combined actual cost of
RUSURSHUW\RIDUDLOÀ[HGJXLGHZD\V\VWHPRU the safety program and the costs associated
GDPDJHWRWKHHQYLURQPHQW with department responsibilities under ORS
VKDOOEHUHIXQGHGWRRZQHUVDQG
G´,QFLGHQWµPHDQVDQHYHQWWKDWH[FHHGV RSHUDWRUVRIUDLOÀ[HGJXLGHZD\V\VWHPVZLWKLQ
WKHGHÀQLWLRQRI´RFFXUUHQFHµEXWGRHVQRWPHHW RQH\HDUIROORZLQJWKHHQGRIWKHÀVFDO\HDULQ
WKHGHÀQLWLRQRI´DFFLGHQWµ ZKLFKWKHGHSDUWPHQWFROOHFWHGWKHH[FHVVIHHV
H´2FFXUUHQFHµPHDQVDQHYHQWZLWKQR ,QOLHXRIDUHIXQGDQRZQHURURSHUDWRURID
injuries, where damage occurs to property UDLOÀ[HGJXLGHZD\V\VWHPPD\FKRRVHWRKDYH
or equipment but does not affect transit the excess fees credited against the subsequent
RSHUDWLRQV \HDU·VIHHSD\PHQW>FF
FF@
I´7UDQVLW$JHQF\6DIHW\3ODQµPHDQVWKH
comprehensive safety plan for a transit agency
DVUHTXLUHGE\86&GEDVHGRQD FACILITIES AND TRACKS
safety management system and subject to fed- 824.050 Inspection of, recommenda-
HUDOUHJXODWLRQV tions on and orders concerning railroad
6XEMHFWWR256WKH'HSDUWPHQW equipment and facilities. ([FHSW DV
of Transportation, by rule, shall establish a provided in subsection (2) of this section, the
state safety oversight program that applies to Department of Transportation shall examine
DOOUDLOÀ[HGJXLGHZD\V\VWHPVLQ2UHJRQWKDW and inspect the physical condition of all rail-
are not subject to regulation by the Federal road facilities in the state, including roadbeds,
5DLOURDG$GPLQLVWUDWLRQ VWDWLRQVDQGHTXLSPHQW:KHQHYHULWDSSHDUV
)RUSXUSRVHVRI86&HWKH from such inspection that the safety of the
department is designated as the state safety public or the employees of such railroad may
oversight agency to monitor compliance with be threatened, notice of the condition or prac-
WKHSURJUDPIRUUDLOÀ[HGJXLGHZD\V\VWHPV tice under investigation shall be given to the
that are not subject to regulation by the Fed- railroad and any person responsible for the
HUDO5DLOURDG$GPLQLVWUDWLRQ7KHVWDWHVDIHW\ PDLQWHQDQFHRUXVHRIWKHUDLOURDGIDFLOLW\,I
RYHUVLJKWDJHQF\ such condition or practice is not corrected to
the department’s satisfaction, the department
(a) Shall implement the state safety VKDOOVHWWKHPDWWHUIRUKHDULQJ)ROORZLQJ
oversight program in compliance with the such hearing the department shall order the
UHTXLUHPHQWVRI86& railroad or person responsible for the mainte-
(b) May review, approve, oversee and enforce nance or use of the railroad facility to make
the implementation, by the owner and operator any repairs, alterations, or changes necessary
RIDUDLOÀ[HGJXLGHZD\V\VWHPRIWKHSXEOLF to correct or eliminate any condition or practice
found to threaten the safety of the public or
WKHHPSOR\HHVRIWKHUDLOURDG,ILQWKHRSLQLRQ ,GHQWLI\VHJPHQWVRIUDLOURDGWUDFNLQ
of the Department of Transportation a condi- WKLVVWDWHWKDW
tion or practice is so hazardous as to place the (a) Are abandoned, threatened with aban-
employees of the railroad in immediate danger donment or have physical characteristics that
the department may issue, after hearing, upon reduce freight service; and
48 hours’ written notice given the railroad, an
order prohibiting the use of the facility until (b) Have the potential for providing renewed,
such time as necessary repair, alterations or continued or improved rail service that would
FKDQJHVDUHPDGH EHQHÀWWKHVWDWHRUFRPPXQLW\EH\RQGWKHFRVW
LQYROYHG
(2) This section does not apply to a penalty
LPSRVHGXQGHU256RU (2) Develop and implement programs
DQG>)RUPHUO\F@ to encourage improvement of service over
VHJPHQWVRIUDLOURDGWUDFNLGHQWLÀHGXQGHU
7UDFNFOHDUDQFHV7KH'HSDUWPHQW VXEVHFWLRQRIWKLVVHFWLRQ
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 (a) Continue existing rail service on a
an order granting authority for a railroad to VHJPHQW RI UDLOURDG WUDFN LGHQWLÀHG XQGHU
operate at particular points with clearances subsection (1) of this section;
different from those prescribed as standard
WUDFNFOHDUDQFHV>)RUPHUO\@ (b) Acquire a segment of railroad track iden-
WLÀHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQWR
824.054 Cooperation with federal agen- maintain existing or provide for future rail
cies on matters of safety; disclosure of service;
reports if required by federal law. (1) The
Department of Transportation may cooperate (c) Rehabilitate or improve, to the extent nec-
ZLWKPDNHFHUWLÀFDWLRQVWRDQGHQWHUDJUHH- HVVDU\WRSHUPLWPRUHDGHTXDWHDQGHIÀFLHQW
ments with the Secretary of Transportation of 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 UDLOURDGWUDFNLGHQWLÀHGXQGHUVXEVHFWLRQ
assume responsibility for and carry out on RIWKLVVHFWLRQ
behalf of the Secretary of Transportation of (4) Do any act required of this state under
the United States, or any other federal agency rules adopted by the United States Secretary
with jurisdiction over railroads, regulatory RI7UDQVSRUWDWLRQXQGHUVHFWLRQWLWOH
jurisdiction over the safety practices applicable United States Code, for allocation and distribu-
to railroad facilities and operations in Oregon WLRQRIIXQGVWRDQ\VWDWHXQGHUVHFWLRQ
not otherwise subject to the jurisdiction of any title 49, United States Code, for preserving
RWKHUDJHQF\RIWKLVVWDWH RULPSURYLQJUDLOIUHLJKWVHUYLFHLQWKLVVWDWH
(3) Notwithstanding any other provisions of >)RUPHUO\@
law to the contrary, the Department of Trans- NoteZDVDGGHGWRDQGPDGHD
portation shall make public such reports as SDUWRI256FKDSWHUVDQG
are required to be made public under the Fed- by legislative action but was not added to ORS
eral Railroad Safety Act of 1970, as amended FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI-
through the effective date of that Act and shall ace to Oregon Revised Statutes for further
provide such information as is required there- H[SODQDWLRQ
under to the Secretary of Transportation of the
8QLWHG6WDWHV>)RUPHUO\@
824.056 Walkway standards; rules; vari- EQUIPMENT
ances. (1) The Department of Transportation, 824.060 First aid kits required on loco-
upon the department’s motion or upon appli- motives and caboose cars. (YHU\ORFRPRWLYH
cation of any person, shall adopt rules that and caboose of every railroad operating in this
prescribe standards for walkways alongside VWDWHVKDOOEHHTXLSSHGZLWKDÀUVWDLGNLW
railroad tracks where necessary for the safety >)RUPHUO\@
RIUDLOURDGHPSOR\HHV
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,
SXEOLF>)RUPHUO\F PRUHWKDQIRUHDFKRIIHQVH>)RUPHUO\
F@ F@
824.216 Procedure to compel compli- 824.223 Authority to regulate distance
ance with orders. (1) The railroad company, from grade crossing at which railroad
public authority or person to whom an order of may stop or park equipment; penalty.
the Department of Transportation is directed (1) The power to regulate the distance from
XQGHU256WRVKDOOFRPSO\ a public railroad-highway grade crossing at
with such order within such reasonable time which a railroad may stop or park equipment
DVPD\EHSUHVFULEHGE\WKHGHSDUWPHQW,Q LVYHVWHGH[FOXVLYHO\LQWKHVWDWH
case of failure to comply, the department shall (2)(a) Upon petition of the public authority in
thereupon take proceedings to compel obedi- interest, or of any railroad or upon the Depart-
HQFHWRVXFKRUGHU ment of Transportation’s own motion, the
(2) The circuit court has power in case of department shall, after due investigation and
all such orders by the department to compel hearing, unless hearing is not required under
obedience therewith by mandamus, brought 256HQWHUDQRUGHUHVWDEOLVKLQJD
in the name of the state, subject, however, to safe distance from a public railroad-highway
appeal to the Court of Appeals in the same grade crossing at which a railroad may stop
manner and with like effect as provided in RUSDUNHTXLSPHQW
cases of appeal from the order of the circuit (b) Upon petition of a person, the depart-
FRXUW>)RUPHUO\F@ ment shall investigate and may hold a hearing
824.218 Work and materials furnished and, following a hearing, may enter an order
by railroad company; supervision of work. establishing a safe distance from a public
All work and the material for work done under railroad-highway grade crossing at which a
256WR UDLOURDGPD\VWRSRUSDUNHTXLSPHQW
WR ,QGHWHUPLQLQJZKDWFRQVWLWXWHVDVDIH
DQGZLWKLQWKHOLPLWVRIUDLOURDGULJKWV distance under subsection (2) of this section,
of way shall, if the railroad company so desires, the department shall consider issues including,
EHIXUQLVKHGDQGGRQHE\WKHUDLOURDGFRPSDQ\ but not limited to, hazards associated with
However, the Department of Transportation public railroad-highway grade crossings that
shall have supervision of the work and may GRQRWKDYHDFWLYHSURWHFWLYHGHYLFHV
GHFLGHWKHNLQGRIPDWHULDOWREHXVHG>)RU-
PHUO\F@ (4) Violation of an order issued under sub-
section (2) of this section is punishable by a
824.220 Protective devices; rules. The civil penalty of not less than $100 nor more
Department of Transportation shall adopt WKDQIRUHDFKRIIHQVH>F@
UXOHVSUHVFULELQJVSHFLÀFDWLRQVIRUWKHGHVLJQ
DQGORFDWLRQRISURWHFWLYHGHYLFHV>)RUPHUO\ 824.224 When stop signs are to be
F@ installed by railroad; exemption; grade
crossing alteration, relocation or closure.
824.222 Authority over duration that (1) At every farm or private grade crossing of
grade crossing may be blocked; penalty. a railroad where no automatic grade crossing
7KHSRZHUWRÀ[DQGUHJXODWHWKHOHQJWKRI protective device is installed, the railroad
time a public railroad-highway grade crossing shall cause to be installed and maintained,
may be blocked by railroad equipment is vested as a means of protecting the crossing, one or
H[FOXVLYHO\LQWKHVWDWH PRUHVWRSVLJQV
(2)(a) Upon petition of the public author- (2) The Department of Transportation shall,
ity in interest, or of any railroad or upon the after hearing, unless hearing is not required
Department of Transportation’s own motion, XQGHU256SUHVFULEHWKHQXPEHU
the department shall, after due investigation type and location of the stop signs and may
and hearing, unless hearing is not required exempt a farm or private grade crossing if the
XQGHU256HQWHUDQRUGHUÀ[LQJDQG GHSDUWPHQWÀQGVWKDWWKHLQVWDOODWLRQRIVXFK
regulating the length of time a public rail- sign or signs at the crossing would create a
road-highway grade crossing may be blocked hazard or dangerous condition that would not
E\UDLOURDGHTXLSPHQW RWKHUZLVHH[LVW
(b) Upon petition of a person, the depart- (3) After notice to any affected landowner
ment shall investigate and may hold a hearing and opportunity for a hearing, unless a hear-
and, following a hearing, may enter an order LQJLVQRWUHTXLUHGXQGHU256WKH
À[LQJ DQG UHJXODWLQJ WKH OHQJWK RI WLPH D Department of Transportation may alter, relo-
public railroad-highway grade crossing may cate or close any farm or private grade crossing
EHEORFNHGE\UDLOURDGHTXLSPHQW 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
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 the rights of the company owning the road that
eminent domain under subsection (4) of this LVLQWHQGHGWREHFURVVHG
section, the department shall use any combina- (2) The department shall also determine
tion of state or federal funds allocated for high the compensation to be paid by the railroad so
speed rail systems to pay any settlement with seeking to cross the other, if the railroads are
or judgment in favor of an owner of a farm or unable to agree thereon, and the points and
SULYDWHJUDGHFURVVLQJ7KHGHSDUWPHQWVKDOO 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 ,IDQ\UDLOURDGVHHNVWRFURVVDWJUDGH
RIVWDWHRUIHGHUDOIXQGVVSHFLÀFDOO\DOORFDWHG with its tracks the tracks of another railroad,
for high speed rail systems as the department the railroad seeking to cross at grade shall be
determines appropriate in order to eliminate compelled to pay all damages caused by such
farm or private grade crossings or to enhance crossing, and to interlock or protect such cross-
VDIHW\DWVXFKFURVVLQJV>)RUPHUO\ ing by safety devices to be designated by the
FF@ department, and to pay all costs of appliances,
824.226 Dangerous grade crossings; together with the expenses of putting them in
notice; hearing; order to install pro- DQGPDLQWDLQLQJWKHP7KLVUHTXLUHPHQWGRHV
tective devices; apportioning of cost. QRWDSSO\WRFURVVLQJVRIVLGHWUDFNV>)RUPHUO\
(1) The Department of Transportation on its F@
own motion may, or upon application by the 824.230 Installation of protective
common council or mayor of any city, or any devices where railroads intersect at
county judge or county commissioner or county grade. ,QDQ\FDVHZKHUHWKHWUDFNVRIWZR
URDGPDVWHURUE\ÀYHRUPRUHUHVLGHQWVDQG or more railroads cross each other at a common
taxpayers in any city, county or road district to grade in this state, the railroads, when ordered
the effect that a public highway and a railroad by the Department of Transportation, shall
cross one another in such city, county or road protect such crossings by interlocking or other
district at the same level, and that such grade safety devices, under regulations to be des-
crossing is unsafe and dangerous to travel- ignated by the department, to prevent trains
ers over such highway or railroad, shall, give FROOLGLQJDWVXFKFURVVLQJV$QRUGHUPD\EH
QRWLFHWRWKHUDLOURDGFRPSDQ\RIWKHÀOLQJ issued under this section only after notice to
of such application, and furnish a copy of the the affected railroads and a proceeding under
same to the railroad company, and order a ORS chapter 183 initiated by the department
hearing thereon in the manner provided for on its own motion or upon application by one
contested case hearings under ORS chapter RIWKHUDLOURDGV
(2) The department in making such order
,IXSRQVXFKKHDULQJLWDSSHDUVWRWKH shall designate the manner of such inter-
satisfaction of the department that the cross- locking protection, and shall apportion the
ing complained of is unsafe and dangerous cost of installing and maintaining the same
to human life, the department may order the between the several railroads, if such railroads
crossing closed or order and direct the rail- are unable to agree upon the same between
road or public authority to install and maintain WKHPVHOYHV>)RUPHUO\F@
proper protective devices, and establish a
date by which such devices are to be installed 824.232 Forfeiture for noncompliance.
DQGSODFHGLQWRRSHUDWLRQ7KHGHSDUWPHQW Any company, corporation, person or receiver
shall apportion the installation and mainte- operating any railroad who neglects to comply
nance costs thereof in accordance with ORS with any order made by the Department of
WR DQG QRWZLWKVWDQGLQJ 7UDQVSRUWDWLRQSXUVXDQWWR256RU
the provisions of ORS chapter 183, shall sus- VKDOOIRUIHLWDQGSD\WRWKHVWDWHD
pend the effective date of the order until the penalty of $500 per week for each week of such
public authority in interest has consented to QHJOHFW>)RUPHUO\@
the apportionment and has agreed to comply 8VHRIÀQGLQJVRIGHSDUWPHQW
WKHUHZLWK>)RUPHUO\F@ regarding hazards at crossings. The deter-
824.228 Procedure for determining minations of the Department of Transportation
mode of track crossing of intersecting XQGHU256WRDVWRKD]DUGV
railroads. (1) Whenever it becomes necessary at crossings shall not be admissible in any civil
for the track of one railroad to cross the track of DFWLRQIRUGDPDJHV>)RUPHUO\@
another railroad, the Department of Transpor- 824.236 Protective devices at unau-
WDWLRQVKDOODVFHUWDLQDQGGHÀQHHLWKHURQWKH thorized railroad-highway crossing;
application of a railroad or on its own motion 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
(2) The department may not order the 824.238 Division of costs between rail-
railroad to install at an unauthorized rail- road and public authority. The following
road-highway crossing devices which are costs shall be divided between the railroad and
activated immediately in advance of, and the public authority in interest in such propor-
during, each train movement over the cross- WLRQDVWKH'HSDUWPHQWRI7UDQVSRUWDWLRQÀQGV
ing unless the department determines that just and equitable under the circumstances in
the railroad intentionally created the unau- HDFKFDVH
WKRUL]HGFURVVLQJDIWHU-XQH (1) That portion of the cost of any alter-
([FHSWDVSURYLGHGLQVXEVHFWLRQRI ation or change resulting in the elimination
this section, in any proceeding under sub- RIDJUDGHFURVVLQJXQGHU256E\
sections (1) and (2) of this section, or unless reason of relocation of the highway which is
the parties agree otherwise, installation and GLUHFWO\FKDUJHDEOHWRWKHJUDGHHOLPLQDWLRQ
maintenance costs of protective devices shall (2) The costs of construction, change, alter-
EHDSSRUWLRQHGWRWKHUDLOURDG ation, abolition and relocation of any grade
(4) The railroad may seek reimbursement crossing involved in a proceeding arising under
RULQGHPQLW\IURPWKLUGSDUWLHV 256RU
8QGHU256WKHGHSDUWPHQWPD\ (3) The costs of maintenance of crossings
open an investigation to consider closure of an DERYHRUEHORZJUDGHXQGHU256DQG
XQDXWKRUL]HGUDLOURDGKLJKZD\FURVVLQJ,IWKH
department decides to open an investigation, (4) Any cost otherwise apportionable under
it shall post notice of the investigation at the WKH WHUPV RI 256 WR RU
crossing at least 30 days prior to opening the WRWKHH[WHQWWKDWIXQGVDUHQRW
LQYHVWLJDWLRQ,IWKHGHSDUWPHQWLVXQDEOHWR available from the Grade Crossing Protection
complete an investigation within two years $FFRXQW>)RUPHUO\@
from the date it was opened, the department
shall order the crossing closed within one year 824.240 Payment when public high-
from the expiration of the two-year period way involved. (1) As to all crossings above
allowed for investigation unless closure of the or below grade constructed on state highways,
unauthorized railroad-highway crossing would the proportion of expense to be borne by public
UHPRYHWKHRQO\DFFHVVWRDQ\ODQG>)RUPHUO\ authority in interest shall be paid from the
F@ VWDWHKLJKZD\IXQGV
824.237 Prohibition on disbursement (2) Any public authority in interest acting
from Connect Oregon Fund to railroad through its governing body may, at its option,
that charges for easement across railroad by agreement with the Department of Trans-
crossing; Benton and Linn Counties. (1) portation, bear a share of the expense of
1RWZLWKVWDQGLQJ256DUDLOURDGFRP- constructing any railroad crossing above or
pany may not receive, directly or indirectly, EHORZJUDGHRQDVWDWHKLJKZD\
a grant of moneys from the Connect Oregon ,IIHGHUDOIXQGVDOORFDWHGVSHFLÀFDOO\IRU
)XQGHVWDEOLVKHGLQ256LIWKHUDLO- removal of hazards at hazardous railroad-high-
road company charges a landowner for an way crossings are available for any part of
easement to cross a railroad that is necessary the work to be performed, the Department of
for the landowner to access the landowner’s Transportation shall cause such funds to be
SURSHUW\ XVHGIRUVXFKSXUSRVHV>)RUPHUO\@
(2)(a) This section applies only to a rail- $SSRUWLRQPHQWRIFRVWVIRULQVWDO-
road company that operates a railroad located ODWLRQ RI SURWHFWLYH GHYLFHV ,Q DQ\ JUDGH
wholly within the boundaries of Benton and crossing proceeding arising under ORS
/LQQ&RXQWLHV RU XQOHVV WKH
(b) The provisions of this section do not apply parties agree otherwise, installation costs
to a railroad company that was imposing and of protective devices shall be apportioned as
FROOHFWLQJWKHFKDUJHEHIRUH-DQXDU\ IROORZV
(3) Rules adopted by the Department of (1) At an existing crossing, a crossing relo-
7UDQVSRUWDWLRQXQGHU256UHODWLQJ FDWHGSXUVXDQWWR256RU
to applications for grants of moneys from the or a crossing previously closed by order of the
Connect Oregon Fund must provide for notice Department of Transportation and reopened
to applicants of the restrictions imposed by this LQDSURFHHGLQJXQGHU256
VHFWLRQ (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
824.252 Procedure when disagreement approval its claim for reimbursement for the
as to apportionment exists. ,Q DQ\ costs thereof in the amount apportioned to
SURFHHGLQJXQGHU256RU the Grade Crossing Protection Account less
where the application to the Department of SURJUHVVSD\PHQWVSUHYLRXVO\PDGH:KHQD
Transportation states that the parties are not claim is approved, the department shall, as
in agreement as to apportionment of costs, but funds become available, order the claim paid
the applicant is willing to advance the amount IURPWKHDFFRXQW
of money reasonably necessary to enable the (2) The department may make such audit as
respondent to complete the work which must the department considers necessary before or
be done by it or the amount reasonably nec- after each such disbursement for the purpose of
essary is available and can be advanced from determining that the money is expended for the
the Grade Crossing Protection Account, the purposes and under the conditions authorized
department shall set the application for hear- E\256WR%\SUHVHQWDWLRQRI
ing as soon as the calendar of the department its claim, the railroad company and the public
SHUPLWVRQWKHTXHVWLRQVRI authority consent to make pertinent records
(a) The necessity for the project; showing costs of labor and materials available
(b) The approval of the location and the WRWKHGHSDUWPHQW
engineering plans, including provisions for (3) Notwithstanding subsection (1) of this
KDQGOLQJWUDIÀFGXULQJFRQVWUXFWLRQDQGWKH section, upon issuance of an order apportion-
work to be performed by each party; and ing costs to the Grade Crossing Protection
(c) The sum to be advanced by the applicant Account, and upon agreement with the Depart-
or the account for the work to be done by the ment of Transportation, the railroad company
UHVSRQGHQW or public authority in interest shall submit an
HVWLPDWHRIWKHFRVWVRIWKHSURMHFW7KHUDLO-
(2) The Department of Transportation road company or public authority in interest
shall render as promptly as possible an may submit statements for lump-sum reim-
interim order, effective within 20 days on bursement from the account during and at the
such questions, reserving for later hearing completion of the construction, reconstruction
and decision the question of the apportionment or alteration of a crossing, or of the installation
RIFRVWV7KHLQWHULPRUGHUVKDOODOVRGLUHFW or alteration of a grade crossing warning or
the respondent to proceed upon receipt of the VDIHW\GHYLFHDWDFURVVLQJ>)RUPHUO\
sum to be advanced by the applicant or the FF@
account without delay to perform the work to
be done by respondent, integrating the work 824.256 Expense contributed by public
with that of the applicant or its contractor in held in trust by railroad company. Any
such manner that neither will unreasonably portion of the cost or expense that is contrib-
obstruct or delay the work of the other, to the uted or borne by any public authority under
end that the people of the state may have the 256WR
XVHRIWKHSURMHFWDWWKHHDUOLHVWSRVVLEOHGDWH DQGVKDOOIRUHYHUEHFRQVLG-
ered as held in trust by the railroad company
,QWKHÀQDORUGHUDSSRUWLRQLQJFRVWVWKH UHFHLYLQJWKHVDPHRUWKHEHQHÀWVWKHUHRIDQG
sum advanced by the applicant or the account no part thereof shall be considered a part of the
VKDOOEHFUHGLWHGDJDLQVWLWVVKDUHRIWKHFRVWV value of the property of the railroad company
,QWKHÀQDORUGHUWKHUHVKDOODOVREHFUHGLWHG XSRQZKLFKLWLVHQWLWOHGWRUHFHLYHDUHWXUQ
against applicant’s share of the costs any >)RUPHUO\@
increase in the costs found by the Department
of Transportation to be directly attributable to 824.258>)RUPHUO\UHSHDOHGE\
respondent’s willful failure or refusal, after the F@
effective date of the interim order, to proceed
with its own work or to integrate the work with EMPLOYEE SAFETY REGULATIONS
WKDWRIDSSOLFDQWRULWVFRQWUDFWRU>)RUPHUO\
@ 824.300 Required crews on trains;
exception. 1RSHUVRQRURIÀFHURIFRXUWRSHU-
824.254 Reimbursement procedure for ating any railroad or railway in this state
railroad and public authority. (1) Upon engaged as a common carrier in the transpor-
issuance of an order apportioning costs to tation of freight or passengers shall operate
the Grade Crossing Protection Account, the over its road, or any part thereof, in excess of
railroad company or the public authority in 15 continuous miles, or suffer or permit to be
interest may submit to the Department of run over the same, outside of yard switching
Transportation progress claims, not to exceed limits, any passenger, mail or express train
80 percent of the apportionment, for reimburse- propelled by any form of motive power and con-
ment for the cost of labor, and other services sisting of four or more cars with less than a
provided to date of billing, and for the costs of full passenger crew consisting of one engineer,
materials stockpiled at the project site or spe- one apprentice engineer, one conductor, one
FLÀFDOO\SXUFKDVHGDQGGHOLYHUHGIRUXVHRQWKH EUDNHPDQDQGRQHÁDJJHU1RQHRIVDLGFUHZ
SURMHFW8SRQFRPSOHWLRQRIWKHFRQVWUXFWLRQ shall be required or permitted to perform the
reconstruction or alteration of a crossing, or of duties of train baggage handler or express mes-
the installation or alteration of grade crossing VHQJHUZKLOHRQVXFKURDG7KLVVHFWLRQVKDOO
warning or safety devices at a crossing, the not apply to operations in which lesser crew
railroad company or the public authority in requirements are established by agreement
interest shall present to the department for
between the common carrier and the orga- the standards of reasonable care under the
QL]DWLRQVUHSUHVHQWLQJUDLOURDGHPSOR\HHV circumstances including the existence of emer-
>)RUPHUO\F@ gency conditions in which the treatment was
4XDOLÀFDWLRQRIÁDJJHU7KHÁDJ- UHQGHUHG>)RUPHUO\@
JHULQWKHFUHZVUHTXLUHGXQGHU256 824.312>)RUPHUO\UHSHDOHGE\
shall have had at least six months’ experience F@
LQWUDLQVHUYLFH>)RUPHUO\F 824.314>)RUPHUO\UHSHDOHGE\
@ F@
824.304 Guarding frogs, switches
and guardrails. (YHU\SHUVRQRZQLQJ
or operating a railroad in this state, shall so PASSENGER RAIL
DGMXVWÀOOEORFNDQGVHFXUHO\JXDUGWKHIURJV 824.400 Passenger rail plan. (1) The
switches and guardrails of their roads as to Department of Transportation shall develop
protect and prevent the feet of employees and and implement a passenger rail plan for the
RWKHUSHUVRQVIURPEHLQJFDXJKWWKHUHLQ purposes of increasing ridership on passen-
(2) Any person owning or operating a rail- JHUWUDLQVDQGLQFUHDVLQJWLFNHWUHYHQXH7KH
road in this state shall be liable for any damage passenger rail plan must include, but is not
caused from a failure to comply with this sec- OLPLWHGWRWKHIROORZLQJ
WLRQ>)RUPHUO\@ D$PDUNHWLQJVWUDWHJ\
824.306 Shelter of car repairers. (1) E6WUDWHJLHVIRUERRVWLQJULGHUVKLS
No person owning, controlling or operating
any line of railroad in this state shall build, (c) Strategies for boosting tourism through
construct, reconstruct or repair railroad car WKHXVHRISDVVHQJHUUDLO
equipment or motive power in the state without (2) The department may coordinate with
ÀUVWHUHFWLQJDQGPDLQWDLQLQJDWHYHU\GLYLVLRQ RWKHUVWDWHDJHQFLHVWRGHYHORSWKHSODQ>
WHUPLQDORURWKHUSRLQWZKHUHÀYHHPSOR\HHV F@
or more are regularly employed on such work,
DVKHGRYHUDVXIÀFLHQWSRUWLRQRIWKHWUDFNV NoteWRZHUHHQDFWHGLQWR
used for such work, so as to provide that all law by the Legislative Assembly but were not
employees regularly employed in such work are added to or made a part of the Oregon Vehicle
sheltered and protected from rain and other Code or any chapter or series therein by legis-
LQFOHPHQWZHDWKHU ODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
(2) This section does not apply at points
ZKHUHIHZHUWKDQÀYHHPSOR\HHVDUHUHJXODUO\ 824.410 Quarterly report to Legislative
employed in such work, nor at points where Assembly. The Department of Transporta-
it is necessary to make light repairs only on tion shall submit a quarterly report on the
equipment or motive power, nor to equipment performance of passenger rail to the interim
loaded with time or perishable freight, nor to committees of the Legislative Assembly related
equipment when trains are being held for the to transportation in the manner provided
PRYHPHQWRIHTXLSPHQW$VXVHGLQWKLVVXE- XQGHU2567KHUHSRUWPXVWLQFOXGH
VHFWLRQ´OLJKWUHSDLUVµGRHVQRWLQFOXGHUHSDLUV a summary of the number of passengers uti-
usually made in roundhouse, shop or shed upon lizing passenger rail and on-time performance
ZHOOHTXLSSHGUDLOURDGV>)RUPHUO\@ IRUWKHSUHYLRXVTXDUWHU>F@
5DLOURDGVWRSURYLGHÀUVWDLG Note6HHQRWHXQGHU
training for employees. (YHU\UDLOURDG 824.420 Cascades Rail Corridor. (1)
operating in this state shall provide to any The Department of Transportation may enter
employee who is an engineer, conductor or into agreements with the Washington State
\DUGIRUHPDQDÀUVWDLGWUDLQLQJFRXUVHWKDW Department of Transportation and the Brit-
conforms to standards at least equivalent to ish Columbia Ministry of Transportation and
WKH$PHULFDQ5HG&URVVHLJKWKRXUÀUVWDLG ,QIUDVWUXFWXUHWR
training course and cardiopulmonary resus-
FLWDWLRQFRXUVH (a) Develop a plan to document the shared
vision, goals and objectives for passenger rail
(2) Railroads shall bear all costs incurred for VHUYLFHZLWKLQWKH&DVFDGHV5DLO&RUULGRU
WKHÀUVWDLGWUDLQLQJFRXUVHGHVFULEHGLQVXE-
section (1) of this section and shall pay wages (b) Develop a plan to achieve performance
WRHPSOR\HHVZKRDUHDWWHQGLQJWKHFRXUVH JRDOVPDQDJHÁHHWDVVHWVVKDUHFRVWVSUL-
>6XEVHFWLRQIRUPHUO\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 G'HYHORSDVWDNHKROGHURXWUHDFKSURJUDP
ÀUVWDLGWUDLQLQJGHVFULEHGLQ256
(1) for any damages directly or indirectly (e) Oversee operations and marketing of
UHVXOWLQJIURPÀUVWDLGWUHDWPHQWUHQGHUHG GDLO\SDVVHQJHUUDLOVHUYLFHLQWKHFRUULGRU
by such employee unless the complaining (2) The Department of Transportation may
party establishes that the treatment violates enter into agreements with the Washington
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 9LRODWLRQRI256RU
to the Legislative Assembly in the manner E\DUDLOURDGLVD&ODVV$YLRODWLRQ
SURYLGHGLQ256DERXWWKHIROORZLQJ 9LRODWLRQRI256LVD&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 YLRODWLRQ
ÀQDQFLDO QHHGV IRU SDVVHQJHU UDLO VHUYLFH (7) A person is subject to the penalties under
ZLWKLQWKHFRUULGRU>F@ subsection (8) of this section if the person
Note6HHQRWHXQGHU NQRZLQJO\
(a) Transports by railroad any hazardous
PENALTIES 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 WRDQG
the Department of Transportation shall incur a
civil penalty of not more than $1,000 for every (c) Materially violates any terms of permit
VXFKYLRODWLRQ or authority issued to the person under ORS
WRDQGLQWKHWUDQV-
E(YHU\SHUVRQZKRYLRODWHVRUZKRSUR- SRUWLQJRUGLVSRVLQJRIKD]DUGRXVZDVWH
cures, aids or abets in the violation of any
order, rule or decision of the department (d) Makes any false material statement
SURPXOJDWHGSXUVXDQWWR256 or representation in any application, label,
RU manifest, record, report, permit or other doc-
shall incur a civil penalty of not more than XPHQWÀOHGPDLQWDLQHGRUXVHGIRUSXUSRVHV
IRUHYHU\VXFKYLRODWLRQ of compliance with requirements under ORS
WRIRUWKHVDIHWUDQVSRUWDWLRQ
(DFKVXFKYLRODWLRQVKDOOEHDVHSDUDWH RIKD]DUGRXVZDVWHV
offense and in case of a continuing violation
every day’s continuance is a separate viola- (e) Violates any rules adopted by the
WLRQ(YHU\DFWRIFRPPLVVLRQRURPLVVLRQWKDW Department of Transportation concerning the
procures, aids or abets in the violation is a vio- WUDQVSRUWDWLRQRIKD]DUGRXVZDVWHV
lation under subsection (1) of this section and 6XEMHFWWR256YLRODWLRQRI
subject to the penalty provided in subsection subsection (7) of this section is a Class B mis-
RIWKLVVHFWLRQ GHPHDQRU(DFKGD\·VYLRODWLRQLVDVHSDUDWH
(3) Civil penalties imposed under subsec- RIIHQVH
tion (1) of this section shall be imposed in the 9LRODWLRQRI256RULV
PDQQHUSURYLGHGLQ256 D&ODVV'YLRODWLRQ
(4) The department may reduce any penalty 9LRODWLRQRI256LVD&ODVV$
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 FF@
(b) The defendant submits to the department
a written request for reduction of the penalty _______________
Chapter 825
(',7,21
MOTOR CARRIERS
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
(a) Stringent rules be employed, to the end (e) Other reasonable expenses attributable
that the highways may be rendered safe for the WRXVHRIWKHYHKLFOHIRUULGHVKDULQJSXUSRVHV
use of the general public; >)RUPHUO\F@
(b) The wear of such highways be controlled; 825.017 Nonapplicability of chapter
(c) A minimum of inconvenience to other to certain persons and vehicles. ([FHSW
users of the highways be effected; DVSURYLGHGLQWKLVVHFWLRQDQG256
DQGWKLVFKDSWHUGRHVQRWDSSO\WRWKH
(d) A minimum hindrance and stoppage to SHUVRQVRUYHKLFOHVGHVFULEHGLQWKLVVHFWLRQ
other users of the highways compatible with The exemption under this section applies to
needs of the public for adequate transportation WKHIROORZLQJSHUVRQVDQGYHKLFOHV
service, be effected;
(1) Vehicles being used by, or under con-
(e) The highways be safeguarded from tract with, any school board, district or
improper or unnecessary usage; person responsible for the administration of
(f) Operation by irresponsible persons or any elementary or secondary school activities, and
other operation threatening the safety of the engaged exclusively in transporting students
public or detrimental to the general welfare be or combinations of students and other persons
prevented; to or from school, to or from authorized school
activities or other activities sponsored by the
J&RQJHVWLRQRIWUDIÀFRQWKHKLJKZD\VEH governing board of a public university listed in
minimized; 256RUIRUSXUSRVHVSURYLGHGXQGHU
(h) The various transportation agencies of 2567KLVH[HPSWLRQVKDOOQRWEH
the state be adjusted and correlated so that affected by the charging of a fee to cover the
public highways may serve the best interest FRVWVRIWKHWUDQVSRUWDWLRQ
of the general public; and (2) Vehicles being used in a taxicab operation
(i) A method of assessing privilege taxes be LIWKHYHKLFOH
provided to enable the further construction D,VDSDVVHQJHUYHKLFOHZLWKDSDVVHQJHU
of highways and to provide for the operation, VHDWLQJFDSDFLW\WKDWGRHVQRWH[FHHGÀYH
preservation and maintenance of highways
DOUHDG\EXLOW (b) Carries passengers for hire where
the destination and route traveled may be
(3) The Legislative Assembly hereby controlled by a passenger and the fare is cal-
declares that to effect the ends and purposes culated on the basis of any combination of an
OLVWHGLQWKLVVHFWLRQWKLVFKDSWHULVDGRSWHG initial fee, distance traveled or waiting time;
>)RUPHUO\F@ and
825.010 Compliance with chapter F,VWUDQVSRUWLQJSHUVRQVRUSURSHUW\RU
required. No for-hire carrier or private car- ERWKEHWZHHQSRLQWVLQ2UHJRQ
rier shall operate any motor vehicle for the
transportation of persons or property, or both, (3) Vehicles being used for the transportation
on any public highway in this state except in of property by private carrier by means of a
DFFRUGDQFHZLWKWKHSURYLVLRQVRIWKLVFKDSWHU single vehicle or combination of vehicles with
>)RUPHUO\F@ a combined weight that does not exceed 8,000
SRXQGV
(4) Vehicles being used in operating imple-
ECONOMIC AND SAFETY REGULATION PHQWVRIKXVEDQGU\
(Applicability) (5) Vehicles being used as a hearse or
DPEXODQFH
825.015 Nonapplicability of chapter to
FHUWDLQYHKLFOHVXVHGLQQRQSURÀWWUDQV- 9HKLFOHVEHLQJXVHGRYHUDQ\SULYDWHURDG
portation of passengers. ([FHSW DV RUWKRURXJKIDUH
SURYLGHGLQ256WKLVFKDSWHUGRHVQRW (7) Vehicles being used on any road, thor-
apply to motor vehicles with a seating capacity oughfare or property, other than a state
RIOHVVWKDQSHUVRQVZKLOHXVHGLQQRQSURÀW highway, county road or city street, for the
operation for commuting to job, job training or UHPRYDORIIRUHVWSURGXFWVDVGHÀQHGLQ256
HGXFDWLRQDOIDFLOLWLHV RUWKHSURGXFWRIIRUHVWSURGXFWVFRQ-
(2) For the purposes of this section, “non- verted to a form other than logs at or near the
SURÀWRSHUDWLRQµPHDQVDYROXQWDU\FRPPXWHU harvesting site, or when used for the construc-
ridesharing arrangement that may charge a tion or maintenance of the road, thoroughfare
IHHWRGHIUD\H[SHQVHVEXWUHPDLQVQRQSURÀW or property, pursuant to a written agreement
in its operation without reference to any entity or permit authorizing the use, construction
WKDWPD\VSRQVRULW,QHVWDEOLVKLQJWKHIHHWKH or maintenance of the road, thoroughfare or
IROORZLQJLWHPVPD\EHLQFOXGHGDVH[SHQVHV SURSHUW\ZLWK
(a) The cost of acquiring the vehicle; (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
VXEVHFWLRQ
(8) Vehicles being used on any county road exclusively engaged in performing transporta-
IRUWKHUHPRYDORIIRUHVWSURGXFWVDVGHÀQHGLQ tion, either one way or round trip, necessary to
256RUWKHSURGXFWVRIIRUHVWSURGXFWV WKHRSHUDWLRQRIWKHFKDULWDEOHRUJDQL]DWLRQ$V
converted to a form other than logs at or near used in this subsection, “charitable organiza-
WKHKDUYHVWLQJVLWHLI WLRQµPHDQVDQRUJDQL]DWLRQWKDWKDVQRFDSLWDO
(a) The use is pursuant to a written agree- stock and no provision for making dividends or
ment entered into with the State Board of SURÀWVEXWGHULYHVLWVIXQGVSULQFLSDOO\IURP
Forestry, the State Forester or an agency of public and private charity and holds them in
the United States, authorizing the owner of the trust for the promotion of the welfare of others
motor vehicle to use the road and requiring the DQGQRWIRUSURÀW$Q\RUJDQL]DWLRQFODLPLQJ
owner to pay for or to perform the construction DQH[HPSWLRQXQGHUWKLVVXEVHFWLRQVKDOOÀOH
or maintenance of the county road, including DQDIÀGDYLWZLWKWKHGHSDUWPHQWVWDWLQJWKDW
any operator of a motor vehicle retained to it is organized and operated in accordance with
transport logs, poles and piling for the owners WKHUHTXLUHPHQWVRIWKLVVXEVHFWLRQ
who are exempt under this section; (14) Passenger vehicles with a passenger
E7KHERDUGRIÀFHURUDJHQF\WKDWHQWHUHG VHDWLQJFDSDFLW\WKDWGRHVQRWH[FHHGÀYHZKHQ
into the agreement or granted the permit, used in the transportation of new telephone
by contract with the county court or board ERRNV
of county commissioners, has assumed the (15) A vehicle that is used in a limousine
responsibility for the construction or mainte- service operation in which the destination and
nance of the county road; and route traveled may be controlled by the passen-
(c) Copies of the agreements or permits ger and the fare is calculated on the basis of
UHTXLUHGE\WKLVVXEVHFWLRQDUHÀOHGZLWKWKH any combination of initial fee, distance traveled
'LUHFWRURI7UDQVSRUWDWLRQ 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 F2SHUDWHVRQDQLUUHJXODUURXWHEDVLV
with a seating capacity of not more than 12
SDVVHQJHUV7KHH[HPSWLRQSURYLGHGE\WKLV )LUHWUXFNVDQGUHVFXHYHKLFOHVWKDW
subsection applies only when the motor vehi- are designated as emergency vehicles by the
cle is operated by or under contract with any Department of Transportation under ORS
person responsible for the administration of ZKLOH LQYROYHG LQ HPHUJHQF\ DQG
UHKDELOLWDWLRQ IDFLOLWLHV DV GHÀQHG LQ 256 UHODWHGRSHUDWLRQV
WR RU FKLOG FDUH VHUYLFHV (17) A person who provides services related
provided by a facility licensed under ORS to the packing or loading of household goods if
$DQG$WR$ WKHSHUVRQGRHVQRW
(10) Vehicles owned or operated by the (a) Provide or operate a motor vehicle for
United States or by any governmental juris- the movement of the household goods; and
diction within the United States except as
SURYLGHGLQ2567KLVFKDSWHUGRHV (b) Act as an agent for any person who does
DSSO\WRYHKLFOHVZKHQRZQHGRURSHUDWHG provide or operate a motor vehicle for the
PRYHPHQWRIWKHKRXVHKROGJRRGV>)RUPHUO\
(a) As a carrier of property for hire; FF
(b) By a transportation district organized FFF
XQGHU256WR FFF
FFF@
(c) By a county service district authorized
to provide public transportation under ORS 825.018 Report from owners or opera-
RU tors of vehicles exempted by ORS 825.017;
rules. Owners or operators of vehicles exempt
(d) By an intergovernmental body formed by from the provisions of ORS chapter 825 by ORS
WZRRUPRUHSXEOLFERGLHVDVGHÀQHGLQ256 VKDOOÀOHDQDQQXDOUHSRUWZLWKWKH
WRSURYLGHSXEOLFWUDQVSRUWDWLRQ Department of Transportation showing the
(11) Vehicles owned or operated by a mass miles of travel by registered weight class of
WUDQVLWGLVWULFWRUJDQL]HGXQGHU256 YHKLFOHIRUHDFKH[HPSWYHKLFOH7KHGHSDUW-
WR ment shall determine by rule the form and
(12) Vehicles owned or operated by, or under PDQQHURIWKHUHSRUW>)RUPHUO\@
contract with, a person responsible for the con- 825.020 Applicability of chapter to
struction or reconstruction of a highway under certain vehicles and combinations over
contract with the Department of Transporta- 26,000 pounds. ([FHSWDVRWKHUZLVHSUR-
tion or with an agency of the United States YLGHGLQWKLVVHFWLRQDQG256WKLV
when operated within the immediate construc- chapter does not apply to the persons or vehi-
tion project as described in the governmental FOHVGHVFULEHGLQWKLVVHFWLRQ7KHSURYLVLRQV
DJHQF\FRQWUDFWGXULQJWKHFRQVWUXFWLRQSHULRG RI256
(13) Vehicles owned or operated by, or under
contract with, a charitable organization when DQG
the record and the evidence submitted at the a user of the proposed transportation service,
KHDULQJWKDW and if the department concludes, after investi-
D7KHDSSOLFDQWLVÀWZLOOLQJDQGDEOHWR gation, that the request represents a true need
perform the transportation service proposed; RULVLQWKHSXEOLFLQWHUHVW
E7KHDSSOLFDQWKDVFHUWLÀHGWKDWWKHYHKL- (2) The department shall cancel immediately
cles listed on the application comply with all any temporary authority granted under this
Oregon laws and rules covering vehicle safety section if the department determines that the
and operations and will be so maintained; temporary authority issued does not comply
with requirements for grant of authority under
(c) The service proposed will not be attended 256
with substantial damage to the highways or
danger to other highway users or to the public; (3) The department may not grant tempo-
rary authority under this section for an initial
(d) The rates or contracts proposed by SHULRGRIPRUHWKDQVL[PRQWKV
the applicant, if an intrastate operator, are
approved by the department; and (4) The department may renew temporary
authority granted under this section one time
(e) The applicant can and will furnish and IRUDSHULRGRIQRWPRUHWKDQVL[PRQWKV
ÀOHWKHLQVXUDQFHERQGRUVXEVWLWXWHVHFXULW\
or qualify as self-insurer as provided in this (5) A person who is granted temporary
FKDSWHU authority under this section may apply for per-
manent authority to provide the transportation
,IWKHGHSDUWPHQWGRHVQRWÀQGWKDWDOO service after the expiration of the temporary
the conditions provided in subsection (2) of this authority by making application in the manner
VHFWLRQDUHVDWLVÀHGWKHGHSDUWPHQWPD\GHQ\ provided for application for permanent author-
the application or may defer issuance of the LW\XQGHUWKLVFKDSWHU
FHUWLÀFDWHSHQGLQJFRPSOLDQFHE\WKHDSSOLFDQW
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
D3HQGLQJGHWHUPLQDWLRQRIDSSOLFDWLRQ household goods requires, in the opinion of the
IRUWUDQVIHURIDFHUWLÀFDWHWKHGHSDUWPHQW Department of Transportation, the issuance
may grant approval of the temporary operation RIDFHUWLÀFDWHIRUHPHUJHQF\WUDQVSRUWDWLRQ
RIWKHFHUWLÀFDWHE\WKHSURVSHFWLYHWUDQVIHUHH VHUYLFHVWKHGHSDUWPHQWPD\LVVXHDFHUWLÀ-
or, if the transferor’s service to the public may cate for emergency transportation services, the
be substantially impaired, may authorize term of which shall be limited to a reasonable
temporary management of the transferor’s time to be determined by the department under
motor carrier operations by the prospective WKHFLUFXPVWDQFHV
WUDQVIHUHH 7KHGHSDUWPHQWPD\LVVXHDFHUWLÀFDWH
(b) Service performed under temporary for emergency transportation services donated
authority granted under this section is subject IRUWKHEHQHÀWRIDFKDULWDEOHRUJDQL]DWLRQLI
to all provisions of this chapter and the rules the services are transportation of persons or
RIWKHGHSDUWPHQW household goods and the services are not of a
type ordinarily required in the operation of
(7) The department may require an appli- WKHRUJDQL]DWLRQ1RWZLWKVWDQGLQJDQ\RWKHU
FDQWIRUDFHUWLÀFDWHWRRSHUDWHDVDIRUKLUH SURYLVLRQRIWKLVFKDSWHUDFHUWLÀFDWHLVVXHG
carrier of household goods issued under this pursuant to this subsection shall be issued
section to complete a criminal background ZLWKRXWFKDUJHWRWKHDSSOLFDQW$VXVHGLQWKLV
FKHFN 7KH GHSDUWPHQW VKDOO DGRSW UXOHV VXEVHFWLRQ´FKDULWDEOHRUJDQL]DWLRQµPHDQV
describing the standards used by the depart- any person organized and existing for religious
PHQWWRGHWHUPLQHLIDQDSSOLFDQWLVXQÀWEDVHG or medical purposes or any political subdivision
on the results of the applicant’s criminal his- RIWKLVVWDWH
WRU\>)RUPHUO\F
F@ (3) The emergency authority issued under
this section does not convey any right to per-
825.115 Temporary authority to pro- manent authority and is not evidence of a need
vide transportation services; duration. (1) IRUSHUPDQHQWDXWKRULW\>)RUPHUO\
The Department of Transportation may grant F@
temporary authority for a for-hire carrier to
provide transportation of household goods 825.125 Applications for authority;
ZKHUHLWLVLQWKHSXEOLFLQWHUHVW6XFKWHPSR- rules. The Department of Transportation shall
rary authority may be authorized only if the SUHVFULEHIRUPVRIDSSOLFDWLRQVIRUFHUWLÀFDWHV
department receives a request for service from or permits for the use of applicants and shall
$5 for each receipt it does not surrender upon for purposes of revocation or suspension of the
DSSOLFDWLRQIRUUHLQVWDWHPHQWRIWKHDXWKRULW\ FDUULHU·VDXWKRULW\
>)RUPHUO\F@ (2) An insurance policy furnished under
825.145>)RUPHUO\UHSHDOHGE\ 256RUPD\QRWEHFDQFHOHG
F@ or otherwise terminated at any time prior to
its expiration until the entity that executed the
(Insurance) SROLF\KDVÀOHGZLWKWKHGHSDUWPHQWDQRWLFH
RIFDQFHOODWLRQDVSURYLGHGLQWKHSROLF\7KH
825.160 Liability insurance of carriers. cancellation is effective not less than 30 days
(1) A person may not operate as a motor car- from the date of receipt, and no agreement
rier on public highways of this state until the between the parties thereto shall operate to
person has in effect a policy of public liability DYRLGWKLVUHVWULFWLRQXSRQFDQFHOODWLRQ
DQGSURSHUW\GDPDJHLQVXUDQFH
,IDQ\LQVXUDQFHSROLF\UHTXLUHGXQGHU
,QVXUDQFHUHTXLUHGXQGHUWKLVVHFWLRQ 256RUEHFRPHVLQRSHUDWLYH
shall be provided at minimum limits the WKHDXWKRULW\XQGHUWKHFHUWLÀFDWHRUSHUPLW
Department of Transportation by rule may involved shall cease and be suspended insofar
prescribe, and upon such terms, conditions and as it pertains to any affected vehicles until an
provisions as the department may determine insurance policy meeting the requirements of
to be necessary for the reasonable indemni- 256DQGEHFRPHVHIIHFWLYH
ÀFDWLRQRIWKHSDWURQVRIWKHDSSOLFDQWDQG DQGLVDFFHSWHGE\WKHGHSDUWPHQW>)RUPHUO\
of the public against damage and injury for F@
which the applicant may be liable by reason of
WKHRSHUDWLRQRIDQ\PRWRUYHKLFOH+RZHYHU 825.166 Deposit of securities or letter
the insurance policy required of a carrier or of credit. ,QOLHXRIWKHLQVXUDQFHSROLF\
persons engaged solely in interstate commerce RUVXUHW\ERQGWKHKROGHURIDQ\FHUWLÀFDWH
need not provide for the protection of their RUSHUPLWPD\ÀOHZLWKWKH'HSDUWPHQWRI
SDWURQV Transportation an irrevocable letter of credit
LVVXHGE\DQLQVXUHGLQVWLWXWLRQDVGHÀQHGLQ
,QÀ[LQJWKHDPRXQWRIWKHLQVXUDQFH 256RUPRQH\EDQNRUVDYLQJVDQG
policy the Department of Transportation ORDQVDYLQJVFHUWLÀFDWHVRUERQGVQHJRWLD-
shall give due consideration to the character ble by delivery, of the State of Oregon, school
DQGDPRXQWRIWUDIÀFWKHQXPEHURISHUVRQV districts therein, or of any county therein, or
involved and the degree of danger which obligations of the United States, or obliga-
WKHSURSRVHGRSHUDWLRQLQYROYHV>)RUPHUO\ tions for which the faith of the United States
F@ is pledged for the payment of both the principal
825.162 Cargo insurance. $FHUWLÀ- and interest, equal in amount to the amount
cate or permit may not be issued to any person of the insurance policy or bond required by the
to operate intrastate as a for-hire carrier of GHSDUWPHQW
freight or express until the person has in (2) So long as the deposit remains unen-
effect cargo insurance in such penal sum as cumbered the depositor is entitled to collect
the Department of Transportation may deem WKHLQWHUHVWXSRQVXFKVHFXULWLHV
necessary to protect adequately the interests
RIWKHSXEOLF7KLVSROLF\VKDOOELQGWKHDVVXUHU (3) The department shall hold the securi-
for loss of, or damage to, property carried in, ties or letter of credit upon such terms as the
upon or attached to the motor vehicles or other department shall designate and approve pur-
equipment operated by, for or under the control suant to the provisions of this chapter, and
of the assured, or while in the care or custody shall deliver such securities or letter of credit
RIWKHDVVXUHG to the State Treasurer, who shall receive and
hold them subject to the lawful orders of the
(2) The department may waive the require- GHSDUWPHQW 7KH 6WDWH 7UHDVXUHU DQG WKH
ment of cargo insurance for any carrier whose surety or letter of credit issuer of the treasurer
service is limited to commodities not subject VKDOOEHOLDEOHXSRQWKHRIÀFLDOERQGRUOHWWHU
to material damage or loss through ordinary RIFUHGLWIRUWKHLUVDIHNHHSLQJ7KHGHSRVLWRUV
WUDQVSRUWDWLRQKD]DUGV>)RUPHUO\ shall reimburse the State Treasurer for any
F@ expenses incurred by the treasurer in the
825.164 Rules for compliance with mailing, insuring, shipping or delivering of
ORS 825.160 and 825.162; notice prior to any such securities or letter of credit, or of
cancellation of insurance; suspension of the interest coupons attached thereto as they
authority when insurance inoperative. PDWXUH
(1) The Department of Transportation by rule (4) Such substituted security or letter of
shall establish a system for determining how credit shall be subject to the liabilities imposed
motor carriers demonstrate compliance with by the terms of the policy of insurance or surety
WKHLQVXUDQFHUHTXLUHPHQWVRI256 bond or letter of credit then currently used by
DQG7KHV\VWHPPD\UHTXLUHFHUWLÀFD- WKHGHSDUWPHQW
WLRQRIFRPSOLDQFHE\WKHFDUULHURUWKHÀOLQJRI
a policy with the department and may require ,IWKHVHFXULWLHVRUOHWWHURIFUHGLWSUR-
different acts of compliance based on class of vided for in this section are furnished in lieu
FDUULHURUH[SHULHQFH7KHV\VWHPVKDOODOVR of an insurance policy or bond, they shall not
specify what acts constitute failure to comply be subject to withdrawal or assignment by
WKHKROGHURIWKHFHUWLÀFDWHRUSHUPLWHLWKHU
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
E7KHFHUWLÀFDWHRUSHUPLWFDQFHOHGRU described in paragraph (a) or (b) of this sub-
F6XUUHQGHUHGVXFKFHUWLÀFDWHRUSHUPLWWR 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\FF D$SHUVRQDSSO\LQJIRUDFHUWLÀFDWHXQGHU
@ 256VKDOOSD\DQDSSOLFDWLRQIHHRI
825.168 Self-insurance. (1) Any for-hire
carrier, engaged in interstate or interstate (b) A person applying for a permit under
and intrastate operations within the State 256VKDOOSD\DIHHRI
RI2UHJRQZKLFKLVRUEHFRPHVTXDOLÀHGDV
a self-insurer with the United States Depart- (c) A person applying for a permit under ORS
ment of Transportation in accordance with VKDOOSD\DQDSSOLFDWLRQIHHRI
laws of the United States applicable to self-in- (d) A person applying for a change in a
surance by motor carriers, is exempt, so long SHUPLWVKDOOSD\DIHHRI
DVVXFKTXDOLÀFDWLRQUHPDLQVHIIHFWLYHIURP
WKHSURYLVLRQVRI256WR (e) A person applying for transfer of a cer-
WLÀFDWHVKDOOSD\DIHHRI
(2) The Department of Transportation may
require proof of the existence and continua- (f) A person making an application under
WLRQRIH[HPSWVWDWXVWREHPDGHE\DIÀGDYLW DQ\SURYLVLRQRIWKLVFKDSWHUQRWVSHFLÀHGLQ
of the carrier in a form and at the times as the this subsection shall pay a fee of $150 if the
GHSDUWPHQWPD\SUHVFULEH>)RUPHUO\ PDWWHULVVHWIRUDKHDULQJ
F@ (2) The Department of Transportation may
3URKLELWHGLQGHPQLÀFDWLRQSUR- refund the fees collected under this section if
visions in motor carrier transportation the applicant parties or their duly authorized
contracts; exceptions. ([FHSWDVSURYLGHG representatives make written request for a
under subsections (2) and (3) of this section, UHIXQGLI
any provision in a motor carrier transportation (a) Request for withdrawal of the application
contract that requires either party or either was received by the department no later than
party’s surety or insurer to indemnify or hold ÀYHGD\VEHIRUHWKHKHDULQJGDWHRULIQRKHDU-
harmless the other party against liability for ing is required, such request must have been
death, personal injury or property damage received prior to issuance of authority; and
caused in whole or in part by the negligence
or intentional acts or omissions of the other E7KHGHSDUWPHQWÀQGVWKDW
SDUW\LVYRLG $7KHDSSOLFDQWLVQRWHOLJLEOHWRÀOHWKH
(2) This section does not affect any provision application;
in a motor carrier transportation contract that %&HUWLÀFDWHDXWKRULW\LVQRWQHHGHGIRU
requires either party or either party’s surety or the service intended;
insurer to indemnify another person against (C) The applicant’s death or serious illness
liability for death, personal injury or prop- precludes conducting the operations for which
erty damage that arises out of the fault of the application was made; or
indemnitor, or the fault of the indemnitor’s
DJHQWVUHSUHVHQWDWLYHVRUVXEFRQWUDFWRUV (D) The transferor withdraws consent for the
WUDQVIHURIWKHFHUWLÀFDWH>)RUPHUO\
(3) This section does not apply to any Uni- FFF
IRUP,QWHUPRGDO,QWHUFKDQJHDQG)DFLOLWLHV F@
$FFHVV$JUHHPHQWDGPLQLVWHUHGE\WKH,QWHU-
modal Association of North America or any
(Regulatory Authority Generally)
other agreement providing for the interchange,
use or possession of intermodal chassis, 825.200 Rules and orders regarding
intermodal containers or other intermodal uniform cargo liability and joint line
HTXLSPHQW rates. (1) With respect to intrastate trans-
(4) As used in this section, “motor carrier portation by motor carriers, the Department
WUDQVSRUWDWLRQFRQWUDFWµPHDQVDQ\ZULWWHQ of Transportation may adopt and enforce rules,
DJUHHPHQWIRU DQGLVVXHDQGHQIRUFHRUGHUVUHODWHGWR
(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- the size, weight or speed of motor vehicles; and
tions and mileage guides for the purpose of (2) Observe and comply with the laws of this
SURYLGLQJDQWLWUXVWLPPXQLW\ state and with the orders, rules and regula-
(2) Rules and orders adopted and issued tions of the Department of Transportation,
under subsection (1) of this section are manda- county courts, boards of county commissioners
tory only in respect to transportation described and municipal authorities to protect the high-
LQ256>F@ ways from substantial damage and to promote
safety to other users thereof, to adjacent prop-
'HSDUWPHQW·V DXWKRULW\ RYHU HUW\DQGIDFLOLWLHVDQGWRWKHSXEOLF>)RUPHUO\
IRUKLUH FDUULHUV RI KRXVHKROG JRRGV 7KH F@
Department of Transportation shall supervise
and regulate the transportation of household 825.208>)RUPHUO\UHSHDOHGE\
goods by for-hire carriers and with respect to F@
WKHWUDQVSRUWDWLRQVHUYLFHVKDOO 825.210 Regulation of motor vehicles.
(1) After hearing, regulate and prescribe 7KH'HSDUWPHQWRI7UDQVSRUWDWLRQPD\
MXVWIDLUDQGUHDVRQDEOHUDWHVFODVVLÀFDWLRQV (1) Require the weighing of motor vehicles
DQGSUDFWLFHV loaded and empty at reasonably frequent
(2)(a) Prescribe the kind and form of intervals;
accounts, manifests, receipts and records to ,QVSHFWDQGUHTXLUHSURSHUHTXLSPHQW
be used and kept pertaining to operation, pre- and markings of motor vehicles and insure
scribe the method and manner of keeping the the making of necessary repairs, to promote
accounts, manifests, receipts and records and HIÀFLHQWDQGVDIHRSHUDWLRQDQG
require their preservation for such time as the (3) Prescribe the character of appliances to
department may determine proper; and be used on motor vehicles to establish correct
(b) Have access to the accounts, manifests, mileage traveled by such vehicles and require
receipts and records with right of audit and the installation and proper repair and inspec-
LQVSHFWLRQDWDOOUHDVRQDEOHWLPHV WLRQRIVXFKDSSOLDQFHV>)RUPHUO\@
5HTXLUHWKHÀOLQJRIVXFKSHULRGLFDORU 825.212 Regulation of mileage records;
other reports or data of such carriers as the distinguishing marks. The Department of
GHSDUWPHQWGHHPVQHFHVVDU\ 7UDQVSRUWDWLRQPD\
(4) Require reasonably adequate service and (1) Prescribe such methods and means as
IDFLOLWLHV>)RUPHUO\F@ the department determines to be necessary
825.204 Regulation of shipping receipts, for checking, verifying and ascertaining the
changes of vehicles and routes, records number of miles traveled by each motor vehicle
and mileage for carriers of household operated by for-hire carrier and private carrier
goods; rules. The Department of Transpor- and insure that the mileage charged for is com-
WDWLRQPD\ SXWHGRQEDVLVRIH[WUHPHPLOHDJHWUDYHOHG
(1) Require every person operating as a (2) Prescribe distinguishing marks, such
for-hire carrier of household goods to issue as signs, colors, lights, tags and plates as may
a receipt in triplicate for freight received for be convenient or necessary for distinguishing
shipment, which shall contain the name of classes of carriers or for protective or regula-
the truck operator, date and place received, tory purposes; but not inconsistent with the
name of consignor, name of consignee, desti- 2UHJRQ9HKLFOH&RGH>)RUPHUO\@
nation, description of shipment, weight, rate
and charges, and signature of the carrier or (Rate Regulation)
agent; one of said receipts to be delivered to 825.220 Temporary rate procedures.
the consignor, one to consignee and one to be 1RWZLWKVWDQGLQJ256DIWHUSHWL-
UHWDLQHGE\FDUULHULQLWVÀOHV tion by any interested person, or upon the
(2) Prescribe rules governing amendments department’s own motion, the Department
RIFHUWLÀFDWHVRUSHUPLWVFRYHULQJDGGLWLRQVWR of Transportation may permit the establish-
and withdrawals of vehicles and the extension PHQWRUPRGLÀFDWLRQRIUDWHVFODVVLÀFDWLRQV
RUFRQWUDFWLRQRIURXWHVDQGWKHÀOLQJRIDSSOL- and practices to become temporarily effective
FDWLRQVWKHUHIRU ZLWKRXW D KHDULQJ LI WKH GHSDUWPHQW ÀQGV
WKDWVXFKDFWLRQLVLQWKHSXEOLFLQWHUHVW7KH
(3) Prescribe forms of accounts and records department shall hold the hearing required
to be kept, reports to be made and blanks to E\256DVVRRQWKHUHDIWHUDVLV
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
LQWHUVWDWHWUDQVSRUWDWLRQVKDOO SURSRVHGUDWHHVWDEOLVKPHQWRUPRGLÀ-
cation. When directed by the Department of
Transportation, any for-hire carrier of house- evidence, require the carrier to comply with
hold goods, or agent on behalf of the carrier, MXVWIDLUODZIXODQGUHDVRQDEOHUDWHVFODVVLÀ-
WKDWSURSRVHVWKHHVWDEOLVKPHQWRUPRGLÀFD- cations, rules and practices established by the
WLRQRIDUDWHFODVVLÀFDWLRQRUSUDFWLFHVKDOO GHSDUWPHQW6XFKFDUULHUVKDOOLPPHGLDWHO\
publish notice of the proposal in a newspaper FRPSO\ZLWKVXFKRUGHUV
of general circulation in the area in which the (5) The department may suspend a tariff of
SURSRVDOVKDOOEHHIIHFWLYH3XEOLFDWLRQVKDOOEH for-hire carriers of household goods that the
ZLWKLQWKHWLPHSURYLGHGE\WKHGHSDUWPHQW department believes will impair the ability of
>)RUPHUO\F@ the carriers to serve the public or that appears
825.224 Rate regulation of carriers to be unjust, unfair, unreasonable, prejudicial,
of household goods. (1) The rates, classi- GLVFULPLQDWRU\RURWKHUZLVHXQODZIXO>)RU-
ÀFDWLRQVUXOHVDQGSUDFWLFHVXVHGE\IRUKLUH PHUO\FF@
carriers in the transportation of household 825.226 Rating bureaus; rules. (1) The
goods shall be prescribed by the Department Department of Transportation shall adopt
RI7UDQVSRUWDWLRQDQG rules providing for guidelines and require-
(a) Be plainly stated in tariffs available to ments for the formation of bureaus that
WKHSXEOLFDWHDFKFDUULHU·VRIÀFHDQGDWWKH carriers regulated under this chapter may join
RIÀFHRIWKHGHSDUWPHQWDQG to develop and maintain reasonable rates for
(b) Be just, reasonable and fair and may WUDQVSRUWDWLRQVHUYLFHV7KHUXOHVVKDOOLQFOXGH
not be unduly discriminatory, prejudicial or procedures to assure that rates established
SUHIHUHQWLDO through the rate bureaus are without unjust
discriminations, undue preferences or advan-
(2) A for-hire carrier of household goods may tages or practices that are unfair or that the
QRW department determines will adversely affect
(a) Charge, collect or receive a different FRPSHWLWLRQ
remuneration for the transportation of house- (2) The department may establish any rule
hold goods, or for any related service, than the for the regulation of rate bureaus under this
rates that have been legally prescribed and section that the department determines to be
ÀOHGZLWKWKHGHSDUWPHQW LQWKHSXEOLFLQWHUHVW
(b) Refund or remit in any manner or by any (3) Carriers regulated under this chapter
device any portion of the rates required to be may become members of rate bureaus that
collected by its tariffs or written contracts on meet the requirements established by the
ÀOHZLWKWKHGHSDUWPHQW department under this section and may use the
(3)(a) Any action against for-hire carriers of services of the rate bureaus in the development
household goods for recovery of overcharges, RIUDWHVDQGUDWLQJSUDFWLFHVFODVVLÀFDWLRQV
or by the carriers for the collection of under- divisions and rules that relate to rates in a
charges, shall be commenced within two years PDQQHUDOORZHGE\WKHGHSDUWPHQW>)RUPHUO\
IURPWKHWLPHWKHFDXVHRIDFWLRQDFFUXHG @
E$VXVHGLQWKLVVXEVHFWLRQ &ODVVLÀFDWLRQV
$´2YHUFKDUJHVµPHDQVFKDUJHVDVVHVVHG 825.230 Carrier to operate only in class
for transportation service that are more than for which authority issued; effect of vio-
the rates applicable under the tariff lawfully lation. (1) The Department of Transportation
LQHIIHFWRULQZULWWHQFRQWUDFWVRQÀOHZLWKWKH VKDOOLQLVVXLQJFHUWLÀFDWHVRUSHUPLWVFODVVLI\
GHSDUWPHQW the applicants as to their proper class under the
%´8QGHUFKDUJHVµPHDQVFKDUJHVDVVHVVHG law and no carrier shall operate in a different
for transportation service that are less than FODVVZLWKRXWFHUWLÀFDWHRUSHUPLWIURPWKH
the rates applicable under the tariff lawfully GHSDUWPHQW
LQHIIHFWRULQZULWWHQFRQWUDFWVRQÀOHZLWKWKH (2) An authorized for-hire carrier may act as
GHSDUWPHQW a private carrier without separate or additional
(4) The department shall check the records 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 FF@
WKHFDUULHU·VUDWHVFODVVLÀFDWLRQVUXOHVDQG *HQHUDO DXWKRULW\ WR SUHVFULEH
practices; and DQGHQIRUFHUXOHVDQGFODVVLÀFDWLRQV7KH
E7RWKHH[WHQWWKDWWKHUDWHVFODVVLÀ- Department of Transportation shall, by gen-
cations, rules or practices are found by the eral order or otherwise, prescribe and enforce
department to be unreasonable, unlawful, rules in conformity with this chapter to better
unfair or unduly discriminatory, preferential accomplish the enforcement of its provisions,
or prejudicial, shall, by orders based upon the which shall cover and include for-hire carriers
DQGSULYDWHFDUULHUVDQGWKHLURSHUDWLRQV
(2) The department may make such sub- metropolitan, industrial or homogeneous eco-
GLYLVLRQVRIWKHFDUULHUVDVFODVVLÀHGLQWKLV nomic area;
chapter, as in the opinion of the department (d) The incorporated city or cartage area is
PD\ZRUNWRWKHHIÀFLHQWDGPLQLVWUDWLRQRIWKLV not contiguous to another city or within the
chapter and shall do all things necessary to area encompassed by the commercial zone of
FDUU\RXWDQGHQIRUFHLWVSURYLVLRQV another city;
(3) All rules made by the department pursu- (e) Service to the public would not be
DQWWRWKLVFKDSWHUDQGÀOHGLQWKHRIÀFHRIWKH adversely affected;
GHSDUWPHQWKDYHWKHIRUFHDQGHIIHFWRIODZ
(f) The carrier’s ability to render service
(4) This section does not restrict the powers would not be adversely affected; and
of the county courts or boards of county
commissioners under existing laws and amend- J,WLVQRWRWKHUZLVHDGYHUVHWRWKHSXEOLF
PHQWVWKHUHRI LQWHUHVWWRH[FOXGHVXFKDUHDIURPUHJXODWLRQ
(5) Without restricting the general powers ,I WKH GHSDUWPHQW ÀQGV LQ D IXWXUH
conferred upon the department to prescribe rulemaking proceeding that adequate service
and enforce rules, the department is vested is not being provided or that the public interest
with special authority with respect to the demands that the exemption be removed, the
PDWWHUVOLVWHGLQ256DQG department shall remove the exemption and
>)RUPHUO\F@ require the affected cartage carriers to comply
ZLWKWKHSURYLVLRQVRIWKLVFKDSWHU
825.234 Classes of carriers of household
JRRGVÀOLQJRIWDULII(1) For-hire carriers (3) Within 90 days after the effective date
RIKRXVHKROGJRRGVVKDOOEHFODVVLÀHGDQGWKH of the order removing the exemption, carriers
FODVVLÀFDWLRQVKDOOEHVKRZQRQWKHFDUULHU·V who operated within the local cartage area
FHUWLÀFDWH ZKHQ LVVXHG RU UHLVVXHG E\ WKH for at least six consecutive months immedi-
'HSDUWPHQWRI7UDQVSRUWDWLRQDVIROORZV ately preceding the effective date of the order
PD\ ÀOH ZLWK WKH GHSDUWPHQW DQ DSSOLFD-
D,UUHJXODUURXWHWUDQVSRUWDWLRQRIKRXVH- WLRQIRURSHUDWLQJDXWKRULW\7KHDSSOLFDWLRQ
KROGJRRGV shall be accompanied by evidence of qual-
E/RFDOFDUWDJHRIKRXVHKROGJRRGV LÀHGRSHUDWLRQVLQWKHORFDOFDUWDJHDUHD,I
,UUHJXODUURXWHFDUULHUVRIKRXVHKROG WKHGHSDUWPHQWÀQGVWKDWWKHDSSOLFDQWKDV
JRRGVVKDOOÀOHWDULIIVDQGFODVVLÀFDWLRQVJRY- HQJDJHGLQTXDOLÀHGRSHUDWLRQVLQWKHDUHDWKH
HUQLQJUDWHV GHSDUWPHQWVKDOOLVVXHDQDSSURSULDWHFHUWLÀ-
cate authorizing the carrier to provide service
(3) Cartage carriers of household goods shall ZLWKLQWKHDUHD$SSOLFDQWVPD\FRQWLQXHWR
ÀOHWDULIIVDQGFODVVLÀFDWLRQVJRYHUQLQJUDWHV provide service pending the department’s deci-
The department shall, after hearing, deter- VLRQRQWKHDSSOLFDWLRQ>)RUPHUO\@
mine what territorial limits will be included
within the commercial area adjacent to the 825.245>FUHSHDOHGE\
OLPLWV RI DQ\ LQFRUSRUDWHG FLW\ >)RUPHUO\ F@
F@ 825.246>FUHSHDOHGE\
825.236>)RUPHUO\UHSHDOHGE\ F@
F@
(Intrastate Transportation
of Household Goods)
(Local Cartage of Household Goods)
825.247 Imposition of fee on certain
825.240 Inapplicability of certain regu- household goods carriers; penalty for
latory statutes to local cartage activities; nonpayment; rules. (1) The Department
application for authority; rules. (1) The of Transportation may impose an annual fee
SURYLVLRQVRI256 in an amount determined under subsection
DQG H[FHSW IRU 256 (2) of this section on each for-hire carrier of
(3) and (4), do not apply to for-hire carriers household goods to defray the costs to the
of household goods who are engaged in local department of regulating persons offering
cartage of property within areas designated in or providing intrastate transportation of
rules adopted by the Department of Transpor- KRXVHKROGJRRGVZLWKRXWDFHUWLÀFDWH7KH
WDWLRQ7KHGHSDUWPHQWVKDOOGHVLJQDWHDORFDO department shall establish the due date of
cartage area as exempt from economic regu- the fee by rule and shall give notice to each
ODWLRQLIWKHGHSDUWPHQWÀQGVIURPWKHUHFRUG for-hire carrier of household goods at least 15
DQGHYLGHQFHLQDUXOHPDNLQJSURFHHGLQJWKDW GD\VSULRUWRWKHGXHGDWH
(a) The gross revenue derived from local (2) The fee imposed under this section on
cartage of household goods in the designated HDFKFDUULHUPD\QRWH[FHHGSHUFHQWRIWKH
cartage area by carriers does not exceed carrier’s gross operating revenue derived from
$100,000 a year; transportation of household goods within this
(b) The population of the affected city or state in the prior calendar year, except that
cartage area is less than 10,000; WKHIHHPD\QRWEHOHVVWKDQ$IRUKLUH
FDUULHURIKRXVHKROGJRRGVLQLWVÀUVW\HDURI
(c) The incorporated city or designated RSHUDWLRQVKDOOSD\DIHHRI
cartage area is not an essential part of a
(3) The fee imposed under this section is of Transportation shall, after public notice and
in addition to any other fee prescribed in this hearing, adopt rules that require for-hire and
FKDSWHUIRUIRUKLUHFDUULHUVRIKRXVHKROGJRRGV SULYDWHFDUULHUVWR
(4) A for-hire carrier of household goods shall (a) Protect and safeguard the health and
submit with the fee required by this section safety of all employees, passengers and the
DVWDWHPHQWYHULÀHGE\WKHFDUULHUVKRZLQJ public by prescribing the limit of hours that
the gross operating revenues of the carrier drivers or operators of motor vehicles may
derived from transportation of household goods remain on duty at any time and the required
ZLWKLQWKLVVWDWHLQWKHSULRUFDOHQGDU\HDU QXPEHURIKRXUVUHOHDVHGIURPGXW\
The department shall prescribe the form for E(VWDEOLVKPLQLPXPTXDOLÀFDWLRQVIRU
the statement and the information that must persons who drive motor vehicles, as, for, or
be included and may audit the forms at any RQEHKDOIRIWKHFDUULHU
WLPH7KHGHSDUWPHQWPD\UHIXQGDQ\RYHU-
payment of the fee in the same manner as the (c) Meet and maintain minimum require-
department refunds other moneys collected ments established by the department for safety
IURPPRWRUFDUULHUV of operations and equipment of motor vehicles
VXEMHFWWRWKHLURSHUDWLRQVDQGFRQWURO
(5) A for-hire carrier of household goods that
fails to pay the fee required by this section (2) Venue for prosecution for the violation of
by the due date shall be subject to suspension UXOHVDGRSWHGXQGHUWKLVVHFWLRQOLHV
XQGHU256>FF D,QWKHFRXQW\LQZKLFKWKHGHIHQGDQW
@ resides if the defendant is a resident of this
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(Safety Regulation)
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825.248 Annual commercial motor committed if the defendant is not a resident
vehicle safety plan. (1) The Department RIWKLVVWDWH
of Transportation shall develop an annual
FRPPHUFLDOPRWRUYHKLFOHVDIHW\SODQ7KH (3) The department may revoke the cer-
goal of the plan is to reduce accidents involv- WLÀFDWHRUSHUPLWRIDQ\SHUVRQIRUUHSHDWHG
ing commercial motor vehicles and to reduce violation of the laws or rules governing hours
injuries and fatalities resulting from accidents RIVHUYLFH
LQYROYLQJFRPPHUFLDOPRWRUYHKLFOHV7KHSUL- (4) The rules promulgated under subsection
ority for each year’s plan shall be determined (1) of this section should provide for uniformity
RQWKHEDVLVRIDFFXUDWHDQGWLPHO\GDWD7KH between state and federal motor carrier safety
department shall use performance measures and hours of service rules insofar as practica-
to determine the success of an annual plan and EOH>)RUPHUO\@
WRGHYHORSWKHVXEVHTXHQWSODQ
825.254 Limitation on movement of
,QFRQGXFWLQJLQVSHFWLRQVGHVFULEHGLQ vehicles to particular days of week; rules.
256DSHUVRQZKRLVWUDLQHGDQGFHU- ([FHSWDVSURYLGHGLQWKLVVHFWLRQWKH'HSDUW-
WLÀHGDVDFRPPHUFLDOYHKLFOHLQVSHFWRUXQGHU ment of Transportation shall not adopt rules
256VKDOODGKHUHWRWKHSURYLVLRQV limiting the movement of vehicles that are sub-
of the commercial motor vehicle safety plan ject to regulation under this chapter to any
GHYHORSHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ SDUWLFXODUGD\VRIWKHZHHN7KHGHSDUWPHQW
>FD@ may adopt rules described under this section
825.250 Stop for inspection. (1) An LI
authorized representative of the Department (1) The rules are recommended by the Super-
of Transportation may require a person driv- intendent of State Police; and
ing a vehicle or combination of vehicles subject
to regulation by the department on a street (2) The department determines that the
or highway to stop and submit to an inspec- rules are required to protect the interest and
tion of the driver, the cargo or the vehicle or VDIHW\RIWKHJHQHUDOSXEOLF>)RUPHUO\@
combination of vehicles at any location where 825.256 Rules for transportation of
representatives of the department are con- infectious waste. The Department of Trans-
ducting tests and inspections when signs are portation may establish rules governing the
GLVSOD\HGUHTXLULQJVXFKVWRS conditions for transportation of infectious
(2) As used in this section, “authorized waste that is not an incidental part of other
UHSUHVHQWDWLYHµPHDQVDFLW\FRXQW\RUVWDWH VROLGZDVWH7KHUXOHVPD\UHTXLUHSHUVRQV
HPSOR\HHZKRKDVEHHQWUDLQHGDQGFHUWLÀHG transporting infectious waste for consideration
by the department as a commercial vehi- to register separately with the Department
cle inspector and who is employed either by of Transportation as an infectious waste
the department or by an agency that has an transporter and may specify the terms of that
agreement with the department to provide registration, including a fee for such registra-
inspections of commercial vehicles, drivers, WLRQ7KH'HSDUWPHQWRI7UDQVSRUWDWLRQPD\
JHQHUDOFDUJRRUKD]DUGRXVPDWHULDOV>)RU- require that persons transporting infectious
PHUO\@ waste for consideration document the county
DQGVWDWHRIRULJLQRIWKHZDVWH$VXVHGLQWKLV
825.252 Safety regulations relating to VHFWLRQ´LQIHFWLRXVZDVWHµKDVWKHPHDQLQJ
drivers or operators; uniformity with fed- JLYHQLQ256>)RUPHUO\@
eral regulations; rules. (1) The Department
825.258 Rules for transportation of haz- process, summons or notices in any action,
ardous waste, hazardous material and suit or proceeding against each motor carrier
PCB; civil penalty. (1) The Department of residing or having its principal place of busi-
Transportation shall adopt rules that con- ness outside this state may be served, when
form to any applicable federal rules setting such action, suit or proceeding is caused by or
standards for the safe transportation of haz- relates to the operation of motor vehicles of or
DUGRXVZDVWHKD]DUGRXVPDWHULDODQG3&% E\VXFKFDUULHUZLWKLQWKHVWDWH
The rules shall be applicable to any person (2) The service of process, summons or notice
who transports, or causes to be transported, upon such carrier may be made by leaving a
DQ\KD]DUGRXVPDWHULDO copy thereof, together with a copy of the com-
7KHDXWKRULW\JUDQWHGXQGHUWKLVVHFWLRQ SODLQWRURUGHULQWKHRIÀFHRIWKHGHSDUWPHQW
D,VLQDGGLWLRQWRDQ\RWKHUDXWKRULW\ The department shall forthwith notify such
JUDQWHGWKHGHSDUWPHQW carrier of such service by letter directed to it
at its residence or place of business as shown
(b) Does not supersede the authority of the E\WKHUHFRUGVRIWKHGHSDUWPHQW>)RUPHUO\
(QHUJ\)DFLOLW\6LWLQJ&RXQFLOWRUHJXODWHWKH @
transportation of radioactive materials under
256WRDQG 825.304 Vehicle owner to be made party
WRFHUWLÀFDWHRUSHUPLWHQIRUFHPHQWSUR-
ceedings; dismissal of charges against
,QDGGLWLRQWRDQ\RWKHUSHQDOW\IRUYLR- driver. ,QDQ\SURVHFXWLRQIRUDQ\YLRODWLRQ
lation of a rule adopted under this section, the RI256RURIDQ\GULYHUZKRLV
department, after hearing, may impose a civil employed by the owner or lessee of the vehicle
penalty of not more than $10,000 for violation involved in the violation to operate the vehicle,
RIDUXOHDGRSWHGXQGHUWKLVVHFWLRQ(DFKGD\ the court shall make the owner or lessee of the
of noncompliance with a rule is a separate vio- vehicle a codefendant if appearance has not
ODWLRQ>)RUPHUO\@ been made by the driver within 15 days of the
825.260 Impoundment of vehicles GDWHWKHGULYHUZDVFLWHGWRDSSHDULQFRXUW
unlawfully transporting hazardous ,ILWLVIRXQGWKDWWKHRZQHURUOHVVHH
wastes or substances. ,QDGGLWLRQWR caused or permitted the driver to operate the
any other enforcement measure allowed, if a YHKLFOHLQYLRODWLRQRI256RU
SHUVRQYLRODWHVWKHSURYLVLRQVRI256 and if the owner or lessee is found guilty of
RURUUXOHVDGRSWHGE\WKH'HSDUW- violating any of those provisions, the court
PHQWRI7UDQVSRUWDWLRQXQGHU256 PD\GLVPLVVWKHFKDUJHVDJDLQVWWKHGULYHU
RUWKHGHSDUWPHQWPD\LPSRXQGWKH >)RUPHUO\@
person’s vehicle transporting, about to trans-
port or that has transported hazardous waste, (Reports, Records and Funds)
3&%RUKD]DUGRXVVXEVWDQFHZLWKLQWKHVWDWH
The department may charge a reasonable fee 825.320 Carrier’s annual report to
for the costs of impoundment and storage, if department. On or before April 1 of each
DQ\EHIRUHUHOHDVLQJDQ\YHKLFOHWRLWVRZQHU year, unless additional time is granted, every
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
DSSOLFDEOHIHGHUDOODZ>)RUPHUO\@
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
825.325 Intrastate for-hire carrier of the 25th day of such month, after deducting
household goods required to obtain and sums disbursed by warrants drawn on the
retain criminal background check; rules. 0RWRU&DUULHU$FFRXQWXQGHU256
An authorized intrastate for-hire carrier of The department shall thereupon transfer the
household goods shall obtain and retain for a EDODQFHWRWKH6WDWH+LJKZD\)XQG>)RUPHUO\
period of at least three years a criminal back- F@
ground check of each employee whose duties 825.330 Restrictions on use of funds. No
may require contact with the public or entry part of the funds produced by this chapter shall
into a private residence or storage facility be used by the Department of Transportation
for the purpose of providing or facilitating GLUHFWO\RULQGLUHFWO\
WKHWUDQVSRUWDWLRQRIKRXVHKROGJRRGV7KH
department shall adopt rules for conducting (1) For the purpose of investigating the
the criminal background check required and rules, charges, practice or service of any car-
may prohibit an employee’s activities based on 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- F@
tion (2) of this section, all fees, taxes, charges
and other sums collected by the Department (Miscellaneous)
of Transportation under this chapter shall
be paid into the State Treasury and shall be 825.350 Voluntary commuter ride-
placed to the credit of an account, separate and sharing arrangement not to be taxed or
distinct from the General Fund, to be known licensed by local government. (1) A county,
DVWKH0RWRU&DUULHU$FFRXQW,QWHUHVWHDUQHG city or other municipal corporation may not
E\WKHDFFRXQWVKDOOEHFUHGLWHGWRWKHDFFRXQW impose a tax on, or require a license for, a vol-
1RWZLWKVWDQGLQJ256DOOIHHV untary commuter ridesharing arrangement
FROOHFWHGXQGHU256DQGDOOSHQDO- using a motor vehicle with a seating capacity
WLHVFROOHFWHGXQGHU256IRURIIHULQJ IRUQRWPRUHWKDQSHUVRQV
to transport or transporting household goods (2) For the purposes of this section, “volun-
ZLWKRXWDFHUWLÀFDWHVKDOOEHSDLGLQWRWKH6WDWH WDU\FRPPXWHUULGHVKDULQJDUUDQJHPHQWµKDV
Treasury and shall be placed to the credit of WKHPHDQLQJJLYHQWKDWWHUPLQ256
an account, separate and distinct from the >)RUPHUO\F@
General Fund, to be known as the Consumer
3URWHFWLRQ+RXVHKROG0RYHV$FFRXQW,QWHU- 825.352 Advertising requirements for
est earned by the account shall be credited carriers of household goods. A carrier
WR WKH DFFRXQW 0RQH\V LQ WKH DFFRXQW DUH that transports household goods shall include
continuously appropriated to the department WKHFDUULHU·VFHUWLÀFDWHQXPEHULQDOOQHZV-
IRUSXUSRVHVVSHFLÀHGLQVXEVHFWLRQRIWKLV SULQWFODVVLÀHGDGYHUWLVLQJQHZVSULQWGLVSOD\
VHFWLRQ DGYHUWLVLQJ,QWHUQHWDGYHUWLVLQJDQGWHOHSKRQH
directory advertising prepared by or at the
(3) The department may purchase the neces- GLUHFWLRQRUUHTXHVWRIWKHFDUULHU>)RUPHUO\
sary supplies and equipment and provide for all F@
necessary and incidental expenses incurred by
the department in administering and enforcing 825.354 Appointment of agents to
WKLVFKDSWHU issue passes, collect fees and taxes. The
Department of Transportation may appoint
(4) All claims, duly approved by the depart- agents to issue temporary passes provided
ment, that have been incurred in pursuance LQ256DQGWRFROOHFWDQ\IHHVDQG
of law, shall be paid by warrants drawn in the WD[HVUHTXLUHGE\WKLVFKDSWHU7KHGHSDUWPHQW
manner provided by law, payable out of the shall prescribe the duties and compensation
Motor Carrier Account or the Consumer Pro- of such agents and may require them to give
WHFWLRQ+RXVHKROG0RYHV$FFRXQW bonds or irrevocable letters of credit issued
(5) Moneys in the Consumer Protection E\DQLQVXUHGLQVWLWXWLRQDVGHÀQHGLQ256
Household Moves Account shall be used by the LQVXFKDPRXQWDVWKHGHSDUWPHQW
department exclusively for administration and determines appropriate, conditioned upon the
enforcement of provisions of this chapter relat- IDLWKIXOSHUIRUPDQFHRIWKHLUGXWLHV>)RUPHUO\
ing to persons that offer to provide or provide FF@
transportation of household goods without a 825.356 Courts to forward copies of
FHUWLÀFDWH>)RUPHUO\F record on conviction for violation of
F@ chapter. The courts having jurisdiction of this
825.328 Monthly transfer of Motor Car- chapter shall, upon a conviction of anyone for
rier Account surplus to State Highway violation of this chapter, immediately forward
Fund. On the last day of each month the a copy of the record of such conviction to the
Department of Transportation shall identify RIÀFHRIWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
WKHEDODQFHRIDOOPRQH\LQH[FHVVRIVXIÀFLHQW >)RUPHUO\@
working capital to accommodate the depart-
ment’s operating needs remaining in the Motor
Carrier Account as of the close of business on
(3) Receipts issued under this section shall 825.472 Determination of filing of
EHYDOLGIURPWKHÀUVWGD\RIDQ\FDOHQGDU reports or payments. (1) Any report or
quarter to the last day of the fourth consecutive payment transmitted through the United
FDOHQGDUTXDUWHU(DFKFDUULHUPD\VHOHFWWKH 6WDWHVPDLOWKDWLVUHTXLUHGWREHÀOHGZLWK
calendar quarter in which the period will begin the Department of Transportation by ORS
except that, if necessary for administrative
convenience, the department may require a DQGVKDOO
carrier to adopt a starting date chosen by the EHFRQVLGHUHGÀOHG
GHSDUWPHQW D2QWKHGDWHVKRZQE\WKHSRVWRIÀFH
(4) All vehicles operating under the carrier’s cancellation mark on the envelope or wrapper
authority shall have the same four-quarter FRQWDLQLQJVXFKUHSRUWRUSD\PHQW
SHULRGRIUHFHLSWYDOLGLW\7KHGHSDUWPHQWPD\ (b) On the date such report or payment was
allow a carrier to operate with expired receipts PDLOHGLIWKHSRVWRIÀFHFDQFHOODWLRQPDUNRQ
for up to one extra quarter if the renewal appli- the envelope or wrapper containing the report
cation has been submitted and the required or payment is omitted or is not legible or if
fees have been paid on or before the last day of the report or payment is not received by the
WKHSHULRGRIYDOLGLW\RIWKHUHFHLSW7KHH[WHQ- department and if the sender establishes to the
sion of time allowed by this subsection shall satisfaction of the department that the report
be granted only if the department determines or payment was deposited in the United States
that the extension is necessary for the admin- PDLORQRUEHIRUHWKHGDWHGXHIRUÀOLQJ
LVWUDWLYHFRQYHQLHQFHRIWKHGHSDUWPHQW
,IWKHGDWHIRUÀOLQJDQ\UHSRUWRUSD\-
(5) The department may adopt rules nec- PHQWUHTXLUHGWREHÀOHGZLWKWKHGHSDUWPHQW
essary to administer the provisions of this E\256
VHFWLRQ>)RUPHUO\F DQG
FF@ IDOOVRQD6DWXUGD\6XQGD\RUOHJDO
825.452 Initial registration period. ,Q KROLGD\DÀOLQJVKDOOEHFRQVLGHUHGWLPHO\LI
order to facilitate the registration issuance PDGHRQWKHQH[WEXVLQHVVGD\
and registration renewal processes, when a (3) Notwithstanding the provisions of
FDUULHULQLWLDOO\UHJLVWHUVXQGHU256 subsection (1)(a) of this section, a report or
RUWKH'HSDUWPHQWRI7UDQVSRUWD- SD\PHQWWKDWLVUHTXLUHGWREHÀOHGZLWKWKH
tion may assign a registration period ranging GHSDUWPHQWE\256
IURPWKUHHWRPRQWKV,QLWLDOIHHVVKDOOEH
DGMXVWHGDFFRUGLQJO\>FF DQGDQGWKDWLVÀOHGE\DSHUVRQZKRVH
@ FHUWLÀFDWHRUSHUPLWLVVXVSHQGHGXQGHU256
,GHQWLÀFDWLRQGHYLFHVDSSOL- D IRU GHOLQTXHQW UHSRUWLQJ RU
cations; fees. (1) The Department of SD\LQJVKDOOEHFRQVLGHUHGÀOHGRQWKHGDWH
Transportation, in the discretion of the depart- LWLVUHFHLYHGE\WKHGHSDUWPHQW>)RUPHUO\
PHQWPD\UHTXLUHWKHXVHRILGHQWLÀFDWLRQ F@
devices, such as cab cards, stamps or carrier 825.474 Motor carrier tax for use of
LGHQWLÀFDWLRQQXPEHUVWRLGHQWLI\DQGEHFDU- highways. ,QDGGLWLRQWRRWKHUIHHVDQG
ried with or placed upon each motor vehicle taxes imposed by law upon carriers, there
authorized to be operated in Oregon subject shall be assessed against and collected from
WRWKHSURYLVLRQVRIWKLVFKDSWHU7KHIRUPRI every carrier a tax for the use of the highways,
DQ\LGHQWLÀFDWLRQGHYLFHDQGWKHPHWKRGIRULWV to apply to the cost of administration of this
XVHVKDOOEHGHWHUPLQHGE\WKHGHSDUWPHQW chapter and for the maintenance, operation,
(2) Notwithstanding any other provision construction and reconstruction of public
in this chapter, the department may require KLJKZD\V
DSSOLFDWLRQVIRULGHQWLÀFDWLRQGHYLFHVWREH (2) The tax rate which shall apply to each
made annually and may require each carrier motor vehicle shall be based upon the declared
holding or obtaining a permit under this chap- combined weight of the motor vehicle and in
ter to pay to the department a fee of not to accordance with the weight group tax rates as
exceed $8 for each device issued on an annual VKRZQLQWKHWDEOHVVHWIRUWKLQ256
EDVLV>)RUPHUO\F
F@ )RUWKHSXUSRVHRIFRPSXWLQJWKHWD[GXH
(Taxes and Fees) D7DEOH´$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 DWRFWRRSHUDWHZLWKDFRPELQHG
exceeding 10 days of a vehicle subject to the ZHLJKWRIPRUHWKDQSRXQGV
provisions of this chapter, the Department of
Transportation may issue a temporary pass E7DEOH´%µDSSOLHVWRPRWRUYHKLFOHVVXE-
LGHQWLI\LQJWKHPRWRUYHKLFOH)RUWKLVSDVVD ject to the tax imposed by this section that
IHHRIIRUHDFKPRWRUYHKLFOHVKDOOEHSDLG are issued or required to obtain an annual
YDULDQFHSHUPLWXQGHU256DWR
(2) The department may adopt rules nec- (c) to operate with a combined weight of more
essary to administer the provisions of this WKDQSRXQGV
VHFWLRQ>)RUPHUO\F
F@ (c) The declared combined weight shall
EHWKHFRPELQHGZHLJKWDVGHÀQHGLQ256
ZKLFKLVQRWRSHUDWHG$FDUULHUHOHFWLQJWR DQ\DGMXVWPHQWVWRWKHÁDWIHHUDWHVWKDWWKH
pay fees under this method shall report and department and the commission deem appro-
pay these fees on or before the 10th of each SULDWH>FF@
PRQWKIRUWKHSUHFHGLQJPRQWK·VRSHUDWLRQV$ Note ZDV HQDFWHG LQWR ODZ E\
monthly report shall be made on all vehicles the Legislative Assembly but was not added
on the annual fee basis including any vehicle to or made a part of ORS chapter 825 or any
QRWRSHUDWHGIRUWKHPRQWK VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
D,QOLHXRIWKHIHHVSURYLGHGLQ256 ace to Oregon Revised Statutes for further
WRPRWRUYHKLFOHVGHVFULEHG H[SODQDWLRQ
LQ256ZLWKDFRPELQHGZHLJKWRIOHVV 825.484 Effect of carrier tax law on
WKDQSRXQGVWKDWDUHEHLQJRSHUDWHG other taxes; offset of fees or taxes erro-
XQGHUDSHUPLWLVVXHGXQGHU256PD\ neously paid. (1) The fees or taxes listed in
pay annual fees for such operation computed at 256DQGVKDOOEH
the rate of six dollars and twenty-three cents in addition to, and not in lieu of, other fees
for each 100 pounds of declared combined and taxes of the state, county or municipal-
ZHLJKW ity which may be imposed, levied, assessed or
(b) The annual fees provided in this subsec- collected against the business or property of
tion shall be paid in advance but may be paid VXFKFDUULHU7KLVVHFWLRQGRHVQRWDXWKRUL]H
RQDPRQWKO\EDVLVRQRUEHIRUHWKHÀUVWGD\RI the imposition of license fees by municipal-
WKHPRQWK$FDUULHUPD\EHUHOLHYHGIURPWKH ities upon intercity carriers, or deprive any
fees due for any month during which the motor city within which a passenger motor vehicle,
vehicle is not operated for hire if a statement having a seating capacity of not more than
WRWKDWHIIHFWLVÀOHGZLWKWKH'HSDUWPHQWRI seven passengers, is principally operated for
7UDQVSRUWDWLRQRQRUEHIRUHWKHÀIWKGD\RIWKH hire, from imposing and collecting license fees
ÀUVWPRQWKIRUZKLFKUHOLHILVVRXJKW 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, 256WRGRQRWDSSO\WR
dirt, debris, cinders, asphaltic concrete mix, vehicles or fuels used therein when the vehicles
metallic ores and concentrates or raw nonme- DUHVXEMHFWWRDQGUHSRUWDQGSD\
tallic products, whether crushed or otherwise, (a) The tax for the use of Oregon highways
moving from mines, pits or quarries may pay based upon the combined weight of the vehi-
annual fees for such operation computed at the cle and in accordance with the weight group
UDWHRIVHYHQGROODUVDQGÀIW\WKUHHFHQWVIRU UDWHVSUHVFULEHGLQ256DQG
HDFKSRXQGVRIGHFODUHGFRPELQHGZHLJKW RU
(b) Any carrier electing to pay fees under this (b) The road use assessment fee required
method may, as to vehicles otherwise exempt XQGHU256
for taxation, elect to be taxed on the mileage
basis for movements of such empty vehicles (3) When an audit of the operations of a
over public highways whenever operations carrier shows that the use fuel taxes reported
are for the purpose of repair, maintenance, and paid under ORS chapter 319 should have
servicing or moving from one exempt highway been reported and paid under this chapter, or
RSHUDWLRQWRDQRWKHU that fees or taxes reported and paid under this
chapter should have been reported and paid
D,QOLHXRIRWKHUIHHVSURYLGHGLQ256 under ORS chapter 319, the fees or taxes erro-
FDUULHUVHQJDJHGLQRSHUDWLQJPRWRU neously reported and paid under one chapter
vehicles in the transportation of wood chips, need not be refunded but may be considered
sawdust, barkdust, hog fuel or shavings may an offset of fees or taxes due under the other
pay annual fees for such operation computed at FKDSWHU>)RUPHUO\F@
WKHUDWHRIWKLUW\GROODUVDQGVL[W\ÀYHFHQWVIRU
HDFKSRXQGVRIGHFODUHGFRPELQHGZHLJKW 825.486 Credit for fuel tax. Any tax paid
XQGHU256WRRUWR
(b) Any carrier electing to pay under this RQPRWRUYHKLFOHIXHORUIXHODVGHÀQHG
method may, as to vehicles otherwise exempt LQ256HLWKHUGLUHFWO\E\WKHFROOHF-
from taxation, elect to be taxed on the mileage tion of the tax by the vendor from the consumer
basis for movement of such empty vehicles over or indirectly by adding the amount of the tax to
public highways whenever operations are for the price of the fuel paid by the customer, is a
the purpose of repair, maintenance, service or credit against the amount of tax otherwise due
moving from one exempt highway operation DQGSD\DEOHWRWKHVWDWHXQGHU256
WRDQRWKHU>)RUPHUO\F DQG$FUHGLWXQGHU
F@ this section shall be allowed when the person
5HYLHZRIÁDWIHHUDWHVThe claiming the credit submits to the Department
Department of Transportation and the Oregon RI7UDQVSRUWDWLRQ
7UDQVSRUWDWLRQ&RPPLVVLRQVKDOOUHYLHZÁDW $UHSRUWXQGHU256RU
IHHUDWHVHVWDEOLVKHGXQGHU256LQ DQG
each even-numbered year and shall recom-
mend to the next following odd-numbered year (2) Satisfactory evidence along with the
regular session of the Legislative Assembly report showing the amount of tax paid by
period for which such person failed to make a may require such person to pay a charge of
report, of the amount of taxes and fees, includ- $150 in addition to any other fees, taxes and
ing fees for temporary passes required under charges which may be imposed under this
256GXHIRUWKHSHULRGIRUZKLFKVXFK FKDSWHU>)RUPHUO\@
SURSRVHGDVVHVVPHQWLVPDGH 825.498 Collection of fees, taxes and
(DFKDVVHVVPHQWVKDOOEHDULQWHUHVWDW other moneys. All fees, taxes and charges
the rate of one percent per month, or fraction imposed by this chapter and ORS chapter
thereof, from the last day of the month fol- DOOFODLPVDQGSHQDOWLHVSD\DEOHE\DQ\
lowing the close of the month for which the person under this chapter and ORS chapter
DVVHVVPHQWLVLPSRVHGXQWLOSDLG DQGDOOPRQH\VFROOHFWHGXQGHUWKLVFKDS-
(3) There shall be added to every such WHUDQG256FKDSWHUDUHWKHSURSHUW\RI
assessment a penalty of 25 percent of the WKHVWDWH7KH'HSDUWPHQWRI7UDQVSRUWDWLRQ
DPRXQWWKHUHRI shall collect and receive all fees, taxes, penal-
ties and moneys due or to become due to the
(4) The department shall give to such person VWDWHXQGHUWKLVFKDSWHUDQG256FKDSWHU
ZULWWHQQRWLFHRIVXFKDVVHVVPHQW and, to that end, shall bring such actions or
(5) Whenever the department has made an take such proceedings, including attachment
assessment pursuant to this section that has and garnishment proceedings, in the name
EHFRPHÀQDOWKHGHSDUWPHQWPD\QRWUHRSHQ RIWKH6WDWHRI2UHJRQDVPD\EHQHFHVVDU\
or reassess such taxes, fees, interest or penal- >)RUPHUO\@
WLHVXQOHVVWKHGHSDUWPHQWLVVDWLVÀHGWKDWWKH &DOFXODWLRQRILQWHUHVWDQGSHQ-
taxpayer fraudulently or with intent to evade alties for delinquent road use assessment
taxation destroyed, concealed or withheld any fees and single-use nondivisible load permits;
books, accounts, papers, records or memoranda DXGLW,QWHUHVWDQGSHQDOWLHVIRUGHOLQTXHQW
required to be maintained by a person subject payments of road use assessment fees payable
WRWKLVFKDSWHURUWKHUXOHVRIWKHGHSDUWPHQW SXUVXDQWWRWKHSURYLVLRQVRI256DQG
>)RUPHUO\F@ of single-trip nondivisible load permits shall
825.496 Reassessment waiver or reduc- be calculated in the same manner that inter-
tion upon request; charge for failure to est and penalties are calculated under ORS
appear at hearing. (1) Any person against DQG
whom an assessment is made under ORS (2) An audit conducted by the Department
RUPD\SHWLWLRQWKH'HSDUW- of Transportation pursuant to its authority
ment of Transportation for a reassessment under this chapter may include an examina-
within 30 days after service upon the person tion of records of the carrier pertaining to the
RIQRWLFH,IDSHWLWLRQLVQRWÀOHGZLWKLQWKH road use assessment fee imposed under ORS
GD\SHULRGWKHDVVHVVPHQWEHFRPHVÀQDO ,IWKHDXGLWVKRZVWKDWPRYHPHQWE\
,IDSHWLWLRQIRUUHDVVHVVPHQWLVÀOHGZLWKLQ a carrier exceeds the mileage authorized by a
the 30-day period the department shall recon- single-trip nondivisible load permit, the depart-
sider the assessment and, if the person has ment shall determine the amount of the road
requested in the petition, shall grant such XVHDVVHVVPHQWIHHWKDWLVGXH7KHGHSDUWPHQW
person a hearing and give the person 10 days’ shall collect the amount due and may impose
QRWLFHRIWKHWLPHDQGSODFHRIWKHKHDULQJ7KH any penalties or additional assessments autho-
department has power to continue the hearing rized by this chapter for delinquent payment
IURPWLPHWRWLPHDVPD\EHQHFHVVDU\7KH RIWD[HV>)RUPHUO\F@
decision of the department upon a petition for
UHDVVHVVPHQWVKDOOEHFRPHÀQDOGD\VDIWHU 825.502 Payment of taxes and fees
VHUYLFHRIQRWLFHXSRQWKHSHUVRQFRQFHUQHG by credit card; rules. For payment of any
weight-mile taxes and fees, the Department
(2) The department may waive or reduce RI7UDQVSRUWDWLRQPD\
the interest and penalties provided in ORS
WRRURURQWKRVH (1) Accept payment of taxes and fees by
terms as the department considers proper if FUHGLWFDUG$Q\SD\PHQWPDGHE\FUHGLWFDUG
request for waiver or reduction is made within shall be for the full amount of the tax or fee,
30 days after service of notice of assessment except that a surcharge may be added to the
upon the person concerned, or as part of the amount tendered by the customer to offset fees
pleas made in the department’s reconsideration charged to the department for acceptance and
RIWKHDVVHVVPHQW 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- PHQWRI7UDQVSRUWDWLRQXQGHU256
ing pursuant to this section fails to appear at DQGLQFOXGLQJDQ\SHQDOWLHV
the scheduled hearing and failed to withdraw RUFKDUJHVWKHUHLQLPSRVHGRUDQ\ÀQDOSHQ-
WKHSHWLWLRQIRUUHDVVHVVPHQWDWOHDVWÀYHGD\V DOW\LPSRVHGXQGHU256RU
before the date of the hearing, the department LVQRWSDLGLQIXOOWKHGHSDUWPHQW
the Department of Transportation a notice of 825.517 Certain records not public. (1)
FDQFHOODWLRQDVSURYLGHGLQVXFKERQG6XFK The following are not public records unless
cancellation shall be effective not less than 30 the public interest requires disclosure in the
days from the date of receipt, and no agreement SDUWLFXODULQVWDQFH
between the parties thereto shall operate to (a) Reports from motor carriers required to
DYRLGWKLVUHVWULFWLRQXSRQFDQFHOODWLRQ EHÀOHGZLWKWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
,I DQ\ ERQG ILOHG SXUVXDQW WR 256 in connection with the imposition or collection
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XQGHUWKHFHUWLÀFDWHRUSHUPLWLQYROYHGVKDOO E,QIRUPDWLRQFROOHFWHGE\WKHGHSDUWPHQW
cease and be suspended insofar as it pertains from a motor carrier for the purpose of conduct-
to any affected vehicles until the requirements LQJDWD[DXGLW
RI256KDYHEHHQPHWE\WKHFDUULHU
>)RUPHUO\@ (2) A motor carrier to whom the information
pertains, or a person who has written permis-
825.508 Use of collection agency to sion from the carrier, may inspect information
obtain moneys due. ,QFDUU\LQJRXWWKH GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ
GXWLHVXQGHU256WKH'HSDUWPHQW
of Transportation may engage the services of (3) The department, upon request or as
a collection agency to collect any of the fees, required by law, shall disclose information
taxes, penalties and moneys due to the state from the records described in subsection (1)
XQGHUWKLVFKDSWHUDQG256FKDSWHU7KH of this section to a government agency for use
department may engage the services by enter- LQFDUU\LQJRXWLWVJRYHUQPHQWDOIXQFWLRQV
ing into agreements to pay reasonable charges >F@
RQDFRQWLQJHQWIHHRURWKHUEDVLV
(Multijurisdictional Agreements)
(2) The department may assign to the collec-
tion agency, for collection purposes only, any of 825.550 Multijurisdictional agree-
the fees, taxes, penalties and moneys due the ment for collection of weight-mile taxes;
VWDWHXQGHUWKLVFKDSWHUDQG256FKDSWHU rules. (1) The Department of Transportation
(3) The collection agency may bring such may enter into an agreement with the autho-
actions or take such proceedings, including rized representatives of any jurisdiction that
attachment and garnishment proceedings, as imposes weight-mile taxes, in order to form a
PD\EHQHFHVVDU\>)RUPHUO\@ multijurisdictional agreement for the singu-
lar collection of the total weight-mile taxes
:ULWLQJRIIXQFROOHFWHGPRQH\VGXH claimed due by any of the jurisdictions that
(1) Any fee, tax, penalty or money due the state DUHSDUW\WRWKHDJUHHPHQW$QDJUHHPHQW
assigned to a collection agency pursuant to established under authority granted by this
256WKDWUHPDLQVXQFROOHFWHGIRUWZR VHFWLRQ
years after the date of the assignment meets
the criteria for uncollectibility formulated pur- (a) May allow motor carriers to pay the total
VXDQWWR256 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-
LQVXEVHFWLRQRIWKLVVHFWLRQ>)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 FRPPHUFH
and private carrier shall keep daily records,
upon forms prescribed by the Department of (c) May include provisions necessary to
Transportation, of all vehicles used during the facilitate the determination and distribution
FXUUHQWPRQWK of weight-mile tax moneys among the various
MXULVGLFWLRQV
(2) On or before the last day of the month
following, except as otherwise permitted under (d) May provide that the department may
256WKH\VKDOOFHUWLI\WRWKHGHSDUW- GHQ\DQ\SHUVRQIXUWKHUEHQHÀWVXQGHUWKH
ment, upon forms prescribed therefor, the true agreement until all taxes have been paid, if
and correct summaries of their daily records the department determines that the person
which shall show the extreme miles traveled VKRXOGKDYHSDLGDGGLWLRQDOWD[HV
in this state during the preceding month, the (e) May provide for arrangements with agen-
amount of fuel tax paid to the state during the cies of this state and other jurisdictions for
preceding month, and such other information joint audits of owners of vehicles availing them-
DVWKHGHSDUWPHQWPD\UHTXLUH selves of this agreement and for the exchange
7KHGDLO\UHFRUGVVKDOOEHNHSWRQÀOH RIDXGLWLQIRUPDWLRQRQWKRVHRZQHUV
LQ WKH RIÀFH RI WKH FDUULHU DQG WKHUHDIWHU (f) May authorize the department to suspend
preserved until written permission for their RUFDQFHODQ\EHQHÀWVXQGHUWKHDJUHHPHQWLI
GHVWUXFWLRQLVJLYHQE\WKHGHSDUWPHQW>)RU- the person violates any of the terms or condi-
PHUO\@ tions of the agreement or violates any law or
UXOHRIWKLVVWDWHUHODWLQJWRYHKLFOHV
(2) The department may adopt any rules
the department deems necessary to effectuate
and administer the provisions of an agreement except for motor fuel taxes and requirements
HQWHUHGLQWRXQGHUWKLVVHFWLRQ1RWKLQJLQDQ UHODWHGWRPRWRUIXHOWD[HV
agreement shall affect the right of the depart- (4) The department may adopt any rules
PHQWWRDGRSWUXOHVDVGHVFULEHGLQWKLVVHFWLRQ the department deems necessary to effectuate
(3) An agreement shall be in writing and and administer the provisions of an agreement
VKDOOEHÀOHGZLWKWKHGHSDUWPHQWZLWKLQ HQWHUHGLQWRXQGHUWKLVVHFWLRQ1RWKLQJLQWKH
days after execution or the effective date of the agreement shall affect the right of the depart-
DJUHHPHQWZKLFKHYHULVODWHU ment to adopt rules as provided in ORS chapter
(4) Nothing in an agreement shall affect DQGWKLVFKDSWHU
the right of the department to act under this (5) An agreement shall be in writing and
VHFWLRQ VKDOOEHÀOHGZLWKWKHGHSDUWPHQWZLWKLQ
(5) An agreement shall not provide for any days after execution or on the effective date of
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFW WKHDJUHHPHQWZKLFKHYHULVODWHU
to any other fees or taxes levied or assessed 7KHGHSDUWPHQWVKDOODGRSWUXOHVHVWDE-
against the use of highways or use or owner- lishing an annual fee to be paid by each motor
ship of vehicles except weight-mile taxes, fees FDUULHUUHFHLYLQJEHQHÀWVIURPDQDJUHHPHQW
DQGUHTXLUHPHQWV>)RUPHUO\@ HQWHUHGLQWRXQGHUWKLVVHFWLRQ,QHVWDEOLVKLQJ
825.555 International fuel tax agree- fees, the department shall consider the size
ment; rules; fees. (1) The Department of RIWKHPRWRUFDUULHU·VÁHHW)HHVHVWDEOLVKHG
Transportation may enter into an interna- under this subsection shall be designed to
tional fuel tax agreement with jurisdictions recover the full direct and indirect costs to
outside of this state to provide for cooperation the department that result from participation
and assistance among member jurisdictions in the agreement, but the department may
in the administration and collection of taxes not establish a fee under this subsection that
imposed on motor carriers for the consumption H[FHHGV>)RUPHUO\F
RIDOOIXHOVXVHGLQYHKLFOHVRSHUDWHGLQWHUVWDWH F@
$QDJUHHPHQWXQGHUWKLVVHFWLRQPD\
GREENHOUSE GAS EMISSIONS
(a) Provide for determining a base state for
PRWRUFDUULHUVIRUSXUSRVHVRIWKHDJUHHPHQW 825.600 Purpose of ORS 825.601 to
825.615. 7KH SXUSRVH RI 256 WR
E,PSRVHUHFRUGNHHSLQJUHTXLUHPHQWV LVWRUHGXFHJUHHQKRXVHJDVDQGRWKHU
F6SHFLI\DXGLWSURFHGXUHV emissions from the use of commercial vehicles,
DVGHÀQHGLQ256>F@
(d) Provide for exchange of information
DPRQJMXULVGLFWLRQV Note ZDV HQDFWHG LQWR ODZ E\
the Legislative Assembly but was not added
(e) Provide criteria for determining which to or made a part of ORS chapter 825 or any
FDUULHUVDUHHOLJLEOHWRUHFHLYHWKHEHQHÀWVRI VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
WKHDJUHHPHQW ace to Oregon Revised Statutes for further
I'HÀQHTXDOLÀHGPRWRUYHKLFOHV H[SODQDWLRQ
(g) Specify conditions under which bonds 'HÀQLWLRQV As used in ORS
DUHUHTXLUHG WR
(h) Specify reporting requirements and peri- ´$X[LOLDU\SRZHUXQLWµPHDQVDQ\GHYLFH
ods, including but not limited to specifying that is installed on a commercial vehicle that
SHQDOW\DQGLQWHUHVWUDWHVIRUODWHUHSRUWLQJ provides electrical, mechanical or thermal
energy to the vehicle cab, a sleeper berth, a
(i) Determine methods for collecting and bus passenger compartment or any other vehi-
forwarding of motor fuel taxes, penalties and cle cab, as an alternative to idling the primary
LQWHUHVWWRDQRWKHUMXULVGLFWLRQ 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\ ´,GOHUHGXFWLRQWHFKQRORJ\µPHDQVDQ\
person who violates any term or condition of device or system of devices that is installed
the agreement or any law or rule of this state on a commercial vehicle and that is designed
UHODWLQJWRPRWRUFDUULHUVRUYHKLFOHV to provide heat, air conditioning or electricity
that would otherwise require the operation of
(L) Contain such other provisions as will WKHSULPDU\HQJLQH
IDFLOLWDWHWKHDJUHHPHQW
´,GOLQJµPHDQVRSHUDWLRQRIWKHSULPDU\
(3) An agreement may not provide for any engine of a commercial vehicle while the vehi-
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR FOHLVVWDWLRQDU\
any fees or taxes levied or assessed against the
use of highways or use or ownership of vehicles
Note6HHQRWHXQGHU SHQDOW\7KHDFWLRQPD\QRWEHFRPPHQFHG
825.615 Preemption of local regula- until after the time has expired for an appeal
tion of idling; exception. (1) The authority IURPWKHÀQGLQJVFRQFOXVLRQVDQGRUGHURIWKH
to regulate the idling of primary engines in GHSDUWPHQW,QDOOVXFKDFWLRQVWKHSURFHGXUH
commercial vehicles is vested solely in the and rules of evidence shall be the same as an
/HJLVODWLYH$VVHPEO\$FLW\FRXQW\RURWKHU ordinary civil action except as otherwise pro-
local government may not enact any charter YLGHGLQWKLVFKDSWHU
provision, ordinance, resolution or other provi- $Q\PRWRUFDUULHURIKRXVHKROGJRRGV
sion regulating the idling of primary engines found knowingly to have assessed charges for
LQFRPPHUFLDOYHKLFOHV transportation service less than published
(2) Notwithstanding subsection (1) of this LQLWVWDULIIVRUZULWWHQFRQWUDFWVRQÀOHZLWK
section, a city, county or other local government the department may be directed to collect the
may enforce any charter provision, ordinance, undercharges from the persons liable for the
resolution or other provision regulating the undercharges and to remit the undercharges
idling of primary engines in commercial vehi- to the department in addition to any mone-
FOHVLQHIIHFWRQ-DQXDU\>F tary penalties imposed against the carrier
@ for charging less than the tariff or contract
SUHVFULEHV
Note6HHQRWHXQGHU
(7) Any motor carrier of household goods
found to have assessed charges for transpor-
PENALTIES tation service more than the rates that have
EHHQOHJDOO\ÀOHGZLWKDQGSUHVFULEHGE\WKH
825.950 Civil penalty for violation of department shall refund the overcharges to the
this chapter, ORS chapter 818 or 826, or SHUVRQVIURPZKRPFROOHFWHG,IWKHFDUULHULV
rule or order of department. D([FHSW unable to do so, the carrier may be required
as otherwise provided in paragraph (b) of this to remit such overcharges to the department
subsection, in addition to all other penalties in addition to any monetary penalties imposed
provided by law, every person who violates or against the carrier for charging more than the
who procures, aids or abets in the violation DSSOLFDEOHWDULIIRUFRQWUDFWSUHVFULEHV>)RU-
of any provision of this chapter, ORS chapter PHUO\FF
RURUDQ\RUGHUUXOHRUGHFLVLRQRIWKH FFF@
Department of Transportation shall incur a
civil penalty of not more than $100 for every 825.955 Civil penalty for violation of
VXFKYLRODWLRQ provisions relating to driver equipment
compliance form or drug and alcohol test-
E,QDGGLWLRQWRDOORWKHUSHQDOWLHVSUR- ing program; rules. ,QDGGLWLRQWRDQ\
vided by law, every person who violates or who other penalties provided by law, the Depart-
procures, aids or abets in the violation of ORS ment of Transportation may impose a civil
E\RIIHULQJWRWUDQVSRUWRUWUDQVSRUW- SHQDOW\RIQRWPRUHWKDQIRU
LQJKRXVHKROGJRRGVZLWKRXWDFHUWLÀFDWHVKDOO
incur a civil penalty of not more than $1,000 D6XEPLWWDORIDIDOVHFHUWLÀFDWLRQWRWKH
IRUHYHU\VXFKYLRODWLRQ department on a driver equipment compliance
check form;
(DFKYLRODWLRQGHVFULEHGLQWKLVVHFWLRQLV
a separate offense and in case of a continuing (b) Failure by a motor carrier to return to
violation every day’s continuance is a separate the department as required by rule a driver
YLRODWLRQ(YHU\DFWRIFRPPLVVLRQRURPLVVLRQ equipment compliance check form; or
that procures, aids or abets in the violation is (c) Failure of a motor carrier to establish
a violation under this section and subject to or participate in a drug and alcohol testing
WKHFLYLOSHQDOW\SURYLGHGLQWKLVVHFWLRQ SURJUDPDVUHTXLUHGE\256
(3) Civil penalties under this section shall (DFKYLRODWLRQVSHFLÀHGLQVXEVHFWLRQ
be imposed in the manner provided in ORS (1) of this section is a separate offense, and in
the case of a continuing violation, each day’s
(4) The Department of Transportation may FRQWLQXDQFHLVDVHSDUDWHYLRODWLRQ(YHU\DFW
reduce any civil penalty provided for in this of commission or omission which procures, aids
section on such terms as the department con- or abets in the violation is a violation under
VLGHUVSURSHULI this section and subject to the penalty provided
LQWKLVVHFWLRQ
(a) The defendant admits the violations
alleged in the notice and makes timely request (3) Civil penalties under this section shall
for reduction of the penalty; or be imposed in the manner provided in ORS
(b) The defendant submits to the department
a written request for reduction of the penalty (4) The department may reduce any civil
within 15 days from the date the penalty order penalty provided for in this section on such
LVVHUYHG WHUPVDVWKHGHSDUWPHQWFRQVLGHUVSURSHULI
,IWKHDPRXQWRIVXFKSHQDOW\LVQRWSDLG (a) The defendant admits the violations
to the department, the Attorney General, at alleged in the notice and makes timely request
the request of the department, shall bring an for reduction of the penalty; or
action in the name of the State of Oregon in the
Circuit Court of Marion County to recover such
Chapter 826
(',7,21
REGISTRATION OF COMMERCIAL VEHICLES
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 $QDJUHHPHQWLQWKHMXGJPHQWRIWKH
WUDQVSRUWDWLRQRISURSHUW\ department, shall be in the best interest of
´'HSDUWPHQWµPHDQVWKH'HSDUWPHQWRI this state and its citizens, shall be fair and
7UDQVSRUWDWLRQ>)RUPHUO\@ equitable to this state and its citizens and shall
be determined on the basis and recognition of
826.003 Rules. The Department of EHQHÀWVWKDWDFFUXHWRWKHHFRQRP\RIWKLVVWDWH
Transportation may adopt rules regarding IURPWKHXQLQWHUUXSWHGÁRZRIFRPPHUFH
registration records for vehicles registered
XQGHUWKLVFKDSWHU>FE@ (7) An agreement may authorize a vehicle
that would otherwise be required to be reg-
826.005 Authority for reciprocal istered in one jurisdiction to be registered in
registration agreements; permitted DQRWKHUMXULVGLFWLRQZLWKRXWORVLQJDQ\EHQHÀW
provisions; requirements; limitations. exemption or privilege under the agreement if
(1) The Department of Transportation may the vehicle is operated from a base located in
enter into agreements with the duly autho- WKHRWKHUMXULVGLFWLRQ
rized representatives of any jurisdiction that
issues registration to establish reciprocal priv- (8) An agreement may allow the lessee
ileges or registration exemptions for vehicles or lessor of a vehicle, subject to the terms
DVGHVFULEHGLQWKLVVHFWLRQ$QDJUHHPHQW and conditions of the lease, to receive ben-
entered into by the department under the HÀWV H[HPSWLRQV DQG SULYLOHJHV XQGHU WKH
authority granted by this section may estab- DJUHHPHQW
lish exemptions from proportional registration (9) An agreement may authorize the depart-
IHHV ment to suspend or cancel any exceptions,
(2) An agreement shall only grant the priv- EHQHÀWVRUSULYLOHJHVJUDQWHGWRDQ\SHUVRQ
LOHJHVEHQHÀWVDQGH[HPSWLRQVWRDYHKLFOHRU under the agreement if the person violates any
the registrant of a vehicle if the vehicle is any of the terms or conditions of the agreement or
RIWKHIROORZLQJ violates any law or rule of this state relating
WRYHKLFOHV
(a) Registered in the jurisdiction where
the person registering the vehicle has a legal (10) All agreements shall be in writing and
UHVLGHQFH ÀOHGZLWKWKHGHSDUWPHQWZLWKLQGD\VDIWHU
execution or the effective date of the agree-
(b) A commercial vehicle registered in a PHQWZKLFKHYHULVODWHU
jurisdiction where the commercial enterprise
in which the vehicle is used has a place of (11) An agreement may be a limited type
EXVLQHVV7RTXDOLI\XQGHUWKLVSDUDJUDSK agreement with any state bordering this state
the vehicle must be assigned to the place of DVGHVFULEHGLQWKLVVXEVHFWLRQ$QDJUHHPHQW
business and the place of business must be described under this subsection is subject to
the place from which or in which the vehicle is DOORIWKHIROORZLQJ
most frequently dispatched, garaged, serviced, D7KHEHQHÀWVH[HPSWLRQVDQGSULYLOHJHV
PDLQWDLQHGRSHUDWHGRURWKHUZLVHFRQWUROOHG under the agreement shall only be extended
(c) A commercial vehicle registered in a WRYHKLFOHVRUDFODVVRIYHKLFOHVDVVSHFLÀHG
jurisdiction where the vehicle has been reg- LQWKHDJUHHPHQW
istered because of an agreement between two (b) The agreement shall be applicable only
jurisdictions or a declaration issued by any within an area in each state that is situated
MXULVGLFWLRQ along the boundary between the states and
(3) An agreement shall retain the right of WKDWLVVXEVWDQWLDOO\HTXDOLQVL]H
WKHGHSDUWPHQWWRPDNHWKHÀQDOGHWHUPL- (c) The usage permitted of the vehicles in
nation as to the proper place of registration the two areas shall be as substantially equal
of a vehicle when there is a dispute or doubt DVPD\EHSUDFWLFDEOH
FRQFHUQLQJWKHSURSHUSODFHRIUHJLVWUDWLRQ
An agreement shall retain the right of the (d) The areas and usage subject to the agree-
department to confer with the departments PHQWVKDOOEHGHVFULEHGLQWKHDJUHHPHQW
of other jurisdictions affected when making a (e) Proportional registration shall not be
GHWHUPLQDWLRQXQGHUWKLVVXEVHFWLRQ UHTXLUHGXQGHUWKHDJUHHPHQW
(4) An agreement shall not provide for any (f) The agreement shall comply with other
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR mandatory provisions of this section and may
fuel taxes, use fuel taxes, weight mile taxes
contain any other provisions described under (a) Registered in the jurisdiction where
WKLVVHFWLRQ the person registering the vehicle has a legal
(g) A vehicle operating under the agreement UHVLGHQFH
may be required to obtain a permit under ORS (b) Registered in a jurisdiction where the
commercial enterprise in which the vehicle is
(12) An agreement may require the display used has a place of business where the vehicle
or submission of evidence of registration for has been assigned and from which or in which
DQ\YHKLFOHRSHUDWLQJXQGHUWKHDJUHHPHQW the vehicle is most frequently dispatched,
>)RUPHUO\@ garaged, serviced, maintained, operated or
RWKHUZLVHFRQWUROOHG
826.007 Authority for proportional
registration agreements; permitted pro- (c) Registered in a jurisdiction where the
visions; requirements; limitations; rules. vehicle has been registered because of an
The Department of Transportation may enter agreement between two jurisdictions or a
into agreements with the duly authorized rep- GHFODUDWLRQLVVXHGE\DQ\MXULVGLFWLRQ
resentatives of any jurisdiction that issues (8) An agreement shall retain the right of
out-of-state registration to provide for pro- WKHGHSDUWPHQWWRPDNHWKHÀQDOGHWHUPL-
portional registration of vehicles and for the nation as to the proper place of registration
apportionment of registration fees and other of a vehicle when there is a dispute or doubt
À[HGIHHVDQGWD[HVRQYHKLFOHVSURSRUWLRQDOO\ FRQFHUQLQJWKHSURSHUSODFHRIUHJLVWUDWLRQ
registered in this state and the other jurisdic- An agreement shall retain the right of the
WLRQ$OORIWKHIROORZLQJDSSO\WRDQDJUHHPHQW department to confer with the departments
established under authority granted by this of other jurisdictions affected when making a
VHFWLRQ GHWHUPLQDWLRQXQGHUWKLVVXEVHFWLRQ
(1) An agreement may provide proportional (9) An agreement may provide that the
registration only for commercial vehicles that department may deny any person further bene-
are engaged in interjurisdictional commerce ÀWVXQGHUWKHDJUHHPHQWXQWLODOOIHHVRUWD[HV
or combined interjurisdictional and intraju- have been paid if the department determines
ULVGLFWLRQDOFRPPHUFH that the person should have proportionally
(2) An agreement may provide for propor- registered more vehicles in this state or paid
tional registration for vehicles individually or additional fees or taxes on vehicles proportion-
LQÁHHWVEXWPXVWFRPSO\ZLWKWKHUHTXLUH- DOO\UHJLVWHUHGLQWKLVVWDWH
ments for proportional registration under ORS (10) An agreement may provide for arrange-
IRUDOOSURSRUWLRQDOO\UHJLVWHUHGYHKL- ments with agencies of this state or other
cles and with the requirements under ORS jurisdictions for joint audits of registrants of
IRUDOOSURSRUWLRQDOO\UHJLVWHUHGÁHHWV proportionally registered vehicles and for the
(3) An agreement may include provisions exchange of audit information on persons who
necessary to facilitate the administration of KDYHSURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV
SURSRUWLRQDOUHJLVWUDWLRQ (11) An agreement may authorize a vehicle
(4) Any apportionment of registration fees that would otherwise be required to be reg-
DQGRWKHUÀ[HGYHKLFOHIHHVRUWD[HVPD\EH istered in one jurisdiction to be registered in
made on a basis commensurate with and deter- DQRWKHUMXULVGLFWLRQZLWKRXWORVLQJDQ\EHQHÀWV
mined on the miles traveled on and use made under the agreement if the vehicle is operated
of the highways of this state as compared with IURPDEDVHORFDWHGLQWKHRWKHUMXULVGLFWLRQ
the miles traveled on and use made of other (12) An agreement may allow the lessee or
jurisdictions’ highways, or may be made on lessor of a vehicle, subject to the terms and
DQ\RWKHUHTXLWDEOHEDVLVRIDSSRUWLRQPHQW FRQGLWLRQVRIWKHOHDVHWRUHFHLYHEHQHÀWVRI
(5) No agreement shall contain any provision SURSRUWLRQDOUHJLVWUDWLRQXQGHUWKHDJUHHPHQW
that requires a vehicle to be proportionally (13) An agreement may authorize the
UHJLVWHUHGLIWKHYHKLFOHLV GHSDUWPHQWWRVXVSHQGRUFDQFHODQ\EHQHÀWV
(a) Registered by this state; under the agreement if the person violates any
of the terms or conditions of the agreement or
(b) Operating in this state under any vehicle violates any law or rule of this state relating
permit that allows operation of an unregistered WRYHKLFOHV
vehicle; or
(14) All agreements shall be in writing and
(c) Legally operated in this state under an VKDOOEHÀOHGZLWKWKHGHSDUWPHQWZLWKLQ
H[HPSWLRQSURYLGHGXQGHU256 days after execution or the effective date of the
1RWKLQJLQDQDJUHHPHQWVKDOODIIHFW DJUHHPHQWZKLFKHYHULVODWHU
the right of the department to adopt rules as (15) Vehicles that are proportionally
GHVFULEHGLQWKLVVXEVHFWLRQ7KHGHSDUWPHQW registered under an agreement, whether indi-
may adopt any rules the department deems YLGXDOO\RULQDÁHHWDUHIXOO\UHJLVWHUHGLQ
necessary to effectuate and administer the WKLVVWDWHIRUSXUSRVHVRI256DQG
SURYLVLRQVRIWKHDJUHHPHQW any other portion of the vehicle code and are
(7) An agreement shall only provide for pro- accorded the same privileges and duties as
portional registration of vehicles if the vehicle other vehicles registered in this state even
LVDQ\RIWKHIROORZLQJ though the vehicle may have primary registra-
WLRQLQVRPHRWKHUMXULVGLFWLRQ7KLVVXEVHFWLRQ
does not grant authority required for intrastate vehicle is proportionally registered under this
movement where such authority is required VHFWLRQ7KHIROORZLQJDSSO\WRSURSRUWLRQDO
XQGHU256FKDSWHU6XFKDXWKRULW\PXVW UHJLVWUDWLRQ
be granted in accordance with ORS chapter (1) The terms of an agreement established
XQGHU256FRQWURODOORIWKHSURYLVLRQV
$QDJUHHPHQWPD\RQO\SURYLGHWKH of proportional registration, including but not
EHQHÀWVRISURSRUWLRQDOUHJLVWUDWLRQWRDYHKL- limited to the following, except as otherwise
cle that is registered either proportionally or SURYLGHGE\WKLVVHFWLRQ
otherwise in at least one other jurisdiction in D4XDOLÀFDWLRQ
DGGLWLRQWRWKLVRQH
(b) Apportionment of fees, taxes and other
(17) Nothing in an agreement shall affect À[HGIHHV
the right of the department to act under this
VXEVHFWLRQ7KHGHSDUWPHQWPD\UHIXVHWR F$SSOLFDWLRQDQGLQIRUPDWLRQUHTXLUHG
issue proportional registration in this state (d) Requirements for type, manner of dis-
for vehicles from jurisdictions that do not grant play, number or any other provision relating
VLPLODUSULYLOHJHVIRUYHKLFOHVIURPWKLVVWDWH to registration plates, registration cards and
(18) An agreement shall not provide for any RWKHUSURRIRIUHJLVWUDWLRQ
EHQHÀWH[HPSWLRQRUSULYLOHJHZLWKUHVSHFWWR (e) Any other provision relating to the reg-
fuel taxes, use fuel taxes, weight mile taxes LVWUDWLRQRISURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV
or any other fees or taxes levied or assessed
against the use of highways or use or owner- (2) When initially registered, the registra-
ship of vehicles except registration taxes, fees tion fees for vehicles registered under this
DQGUHTXLUHPHQWV section may be reduced according to the sched-
XOHSURYLGHGXQGHU256
(19) An agreement may control the require-
ments for type, manner of display, number and (3) The registration period for proportionally
other provisions relating to registration plates, registered vehicles is a period of four consec-
registration cards or other proof of registration XWLYHTXDUWHUV7KHSHULRGEHJLQVRQWKHÀUVW
IRUYHKLFOHVWKDWDUHVXEMHFWWRWKHDJUHHPHQW day of any calendar quarter and ends on the
>)RUPHUO\@ ODVWGD\RIWKHIRXUWKFRQVHFXWLYHTXDUWHU$OO
YHKLFOHVZLWKLQDSURSRUWLRQDOO\UHJLVWHUHGÁHHW
826.008 Certain records not public. (1) shall be registered for the same registration
The following are not public records unless SHULRG(DFKFDUULHUPD\VHOHFWWKHFDOHQGDU
the public interest requires disclosure in the quarter in which the registration will begin
SDUWLFXODULQVWDQFH except that, if necessary for administrative
D0LOHDJHLQIRUPDWLRQUHTXLUHGWREHÀOHG 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 (4) The department may issue appropriate
from a motor carrier for the purpose of conduct- registration cards, stickers, permits, tabs,
ing an audit under an agreement authorized SODWHVRURWKHUVXLWDEOHLGHQWLÀFDWLRQGHYLFHV
E\256 the department considers convenient for pro-
SRUWLRQDOO\UHJLVWHUHGYHKLFOHV7KHIHHVIRU
(2) A motor carrier to whom the information such stickers, permits, tabs or plates are as
pertains, or a person who has written permis- SURYLGHGXQGHU256
sion from the carrier, may inspect information
GHVFULEHGLQVXEVHFWLRQRIWKLVVHFWLRQ (5) Any applicant whose application for pro-
portional registration under this section has
(3) The department, upon request or as been accepted by the department shall preserve
required by law, shall disclose information the records on which the application is based
from the records described in subsection (1) for a period of four years following the year
of this section to a government agency for use or the period upon which said application is
LQFDUU\LQJRXWLWVJRYHUQPHQWDOIXQFWLRQV EDVHG8SRQUHTXHVWRIWKHGHSDUWPHQWWKH
>F@ applicant shall make such records available to
826.009 Proportional registration of WKHGHSDUWPHQWDWLWVRIÀFHIRUDXGLWDVWRDFFX-
commercial vehicles. Proportional regis- racy of mileage, number of vehicles, weights,
tration allows commercial vehicles to comply computations and payment of fees or shall pay
with registration requirements of more than the reasonable costs of an audit at the home
one jurisdiction and to have registration fees, RIÀFHRIWKHDSSOLFDQWE\DGXO\DSSRLQWHGUHS-
WD[HVRURWKHUÀ[HGIHHVDSSRUWLRQHGDPRQJ UHVHQWDWLYHRIWKHGHSDUWPHQW$QDSSOLFDQW
the jurisdictions in which the vehicles are shall comply with any audit provisions under
EHLQJRSHUDWHG$YHKLFOHPD\EHUHJLVWHUHG WKHDJUHHPHQWDOORZLQJWKHUHJLVWUDWLRQ
under proportional registration if the vehicle ,IDSURYLVLRQFRQFHUQLQJWKHUHJLVWUDWLRQ
TXDOLÀHVIRUSURSRUWLRQDOUHJLVWUDWLRQXQGHUDQ of vehicles is not provided under the agreement
DJUHHPHQWHQWHUHGLQWRXQGHU256 or under this section, provisions of the vehicle
,IDYHKLFOHLVJRLQJWREHSURSRUWLRQDOO\UHJ- code applicable to registration shall be appli-
LVWHUHGDVSDUWRIDÁHHW256PXVW FDEOHWRSURSRUWLRQDOO\UHJLVWHUHGYHKLFOHV
EHFRPSOLHGZLWKLQDGGLWLRQWRWKLVVHFWLRQ
A vehicle is registered in this state if the ,IDYHKLFOHTXDOLÀHVIRUSURSRUWLRQDOUHJ-
istration, the department may issue temporary
registrant to surrender proportional registra- (a) Trailers with a loaded weight of 8,000
WLRQFDUGVDQGVXFKRWKHULGHQWLÀFDWLRQGHYLFHV SRXQGVRUOHVV
issued with respect to such vehicle as the (b) Special use trailers, travel trailers and
GHSDUWPHQWPD\GHHPDGYLVDEOH3URFHGXUHV À[HGORDGYHKLFOHV
for obtaining credit for fees paid on vehicles
that are withdrawn from a proportionally reg- F7RZHGPRWRUYHKLFOHV>)RUPHUO\
LVWHUHGÁHHWDUHSURYLGHGXQGHU256 F@
,QDGGLWLRQWRDQ\JURXQGVIRUGHQLDORI 826.015 Declaration of weight. A dec-
SURSRUWLRQDOUHJLVWUDWLRQEHQHÀWVXQGHU256 laration of weight required for purposes of
RUDQDJUHHPHQWXQGHU256 determining vehicle registration fees shall
the department may deny the registrant of a FRQWDLQWKHIROORZLQJ
SURSRUWLRQDOO\UHJLVWHUHGÁHHWWKHULJKWRIDQ\ (1) For vehicles registered under ORS
IXUWKHUEHQHÀWVXQGHUSURSRUWLRQDOUHJLVWUD- RUXQGHUSURSRUWLRQDOUHJLVWUDWLRQ
tion if the department determines that the SXUVXDQWWR256RUWKHGHF-
person should have prorated more vehicles in laration shall contain the combined weight of
WKLVVWDWH7KHGHQLDOXQGHUWKLVVXEVHFWLRQ WKHYHKLFOH
may continue until the fees for such additional
vehicle or vehicles that have been prorated (2) For commercial buses, the declaration
KDYHEHHQSDLG>)RUPHUO\@ shall contain the unloaded weight of the vehicle
plus the unloaded weight of any bus trailer to
826.013 Registration weight. (1) Vehi- EHXVHGLQFRPELQDWLRQZLWKWKHYHKLFOH7KH
FOHVUHJLVWHUHGXQGHU256RU declaration shall also indicate the number of
DUHUHTXLUHGWRHVWDEOLVKDUHJLVWUDWLRQ persons, including the driver, to be carried
ZHLJKW in the vehicle, plus the number of persons
(2) Registration weight is established for the to be carried on any bus trailer to be used in
IROORZLQJSXUSRVHV FRPELQDWLRQZLWKWKHYHKLFOH)RUSXUSRVHV
of determining the fee for registration of the
(a) The registration weight is the weight YHKLFOHXQGHU256WKH'HSDUWPHQW
used in the declaration of weight under ORS of Transportation shall determine the weight
WRGHWHUPLQHWKHUHJLVWUDWLRQIHHV of the vehicle by adding the unloaded weight
XQGHU256DQG256IRUYHKL- of the vehicle, plus the unloaded weight of any
cles required to establish registration weight bus trailer to be used in combination with the
XQGHUWKLVVHFWLRQ vehicle, to a weight determined by multiplying
(b) A vehicle that is required to establish the maximum seating capacity of the vehicle
registration weight by this section is in viola- plus the maximum seating capacity of any
WLRQRI256LIWKHYHKLFOHLVRSHUDWHG bus trailer to be used in combination with the
on a highway of this state at a weight in excess vehicle, including the driver’s seat but exclud-
of the registration weight except when carrying ing emergency seats, times 170 pounds, if the
DORDG vehicle has a separate compartment for trans-
$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 tionally registered vehicles. Registration
IHHVIRUYHKLFOHVUHJLVWHUHGXQGHU256
(3) Registration weight is established at the RUDUHDVSURYLGHGLQ256
time of registration and whenever the vehicle IRUYHKLFOHVRIWKHVDPHFODVV7KHIHHV
has been altered or reconstructed by furnish- are for an entire registration period and are
ing a declaration of weight described under payable when a vehicle is registered and upon
256WKDWFRQWDLQVDVWDWHPHQWRIWKH UHQHZDORIUHJLVWUDWLRQ7KH'HSDUWPHQWRI
maximum combined gross weight at which the Transportation shall apportion any fee under
vehicle will be operated on the highways of this WKLVVHFWLRQWRUHÁHFWWKHQXPEHURITXDUWHUV
state except when carrying loads described UHJLVWHUHG>)RUPHUO\@
XQGHUVXEVHFWLRQERIWKLVVHFWLRQ7KH
maximum registration weight for any vehi- 826.019 International Registration Plan
cle required to establish a registration weight fee. ,QDGGLWLRQWRDQ\RWKHUIHHFROOHFWHG
XQGHUWKLVVHFWLRQLVSRXQGV9HKLFOHV for registration, the Department of Transporta-
operating at weights above 105,500 pounds will WLRQVKDOOFROOHFWDQ,QWHUQDWLRQDO5HJLVWUDWLRQ
operate under a variance permit issued under Plan fee from each applicant for proportional
256 UHJLVWUDWLRQXQGHUWKLVFKDSWHU
(4) The weight of a camper, a trailing man- (2) The amount of the fee required by this
ufactured structure or the following trailing section shall be calculated annually by the
vehicles should not be included in the registra- GHSDUWPHQW7KHWRWDOIHHVFROOHFWHGE\WKH
WLRQZHLJKW department under this section may not exceed
the amount of any annual fee for membership
LQWKH,QWHUQDWLRQDO5HJLVWUDWLRQ3ODQ7KH
department shall determine the amount to be may issue a duplicate or replacement registra-
paid by each applicant by dividing the amount WLRQFDUGZKHQ
of any membership fee by the total number (1) The department receives an application
of applications for proportional registration indicating the loss, mutilation or destruction
VXEPLWWHGLQWKHSUHYLRXVFDOHQGDU\HDU of a registration card; and
(3) Fees collected under this section shall (2) The fee for issuance of a duplicate or
be used to pay any membership fees required UHSODFHPHQWFDUGXQGHU256LVSDLG
E\WKH,QWHUQDWLRQDO5HJLVWUDWLRQ3ODQDJUHH- WRWKHGHSDUWPHQW>)RUPHUO\@
ment so long as the state is a signatory to the
DJUHHPHQW>F@ 826.027 Transfer of registration;
ZLWKGUDZDORIYHKLFOHIURPÁHHW(1) The
826.021 Proration of fees for propor- registrant of a vehicle which is proportionally
tionally registered vehicles; adjustment UHJLVWHUHGXQGHU256RUVKDOO
of fees and registration periods by be permitted to transfer the registration plates
department; rules. (1) For vehicles that are from the vehicle to a like vehicle to be similarly
initially registered under proportional reg- used if the vehicle is destroyed or permanently
LVWUDWLRQXQGHU256RUWKH ZLWKGUDZQIURPVHUYLFHZLWKLQWKLVVWDWH7R
Department of Transportation shall prorate make a transfer of registration under this sec-
the fees as provided in this subsection accord- tion, the registrant of the vehicle shall pay the
ing to the registration period elected by the Department of Transportation a registration
registrant and approved by the department for WUDQVIHUIHHHVWDEOLVKHGXQGHU256
WKHYHKLFOHRUÁHHWRIYHKLFOHV7KHSURUDWLRQRI ÀOHDZULWWHQVWDWHPHQWLQGLFDWLQJWKHZLWK-
fees under this subsection shall be as follows drawal or destruction with the department and
except that in no case shall the fee on which VXUUHQGHUWKHUHJLVWUDWLRQFDUGIRUWKHYHKLFOH
2UHJRQIHHVDUHEDVHGEHOHVVWKDQ The department shall issue a registration card
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 XQGHU256RUEHFDXVHLWKDV
expiration of three-fourths of the registration been destroyed, sold or otherwise completely
period, one-fourth of the fees shall be used to removed from the service of the registrant, the
GHWHUPLQHWKH2UHJRQIHHV department shall provide credit for the unused
portion of the fees paid according to terms of
(2) The department, by rule, may adjust LQWHUVWDWHDJUHHPHQWVRULQDPDQQHUGHÀQHG
registration fees or registration periods for a E\UXOH,QQRHYHQWVKDOODQ\VXFKDPRXQWEH
vehicle, as is administratively convenient for VXEMHFWWRUHIXQG>)RUPHUO\@
WKHGHSDUWPHQWLI
826.029 Temporary proportional
(a) The vehicle is changed from one type of registration permits. The Department of
registration to another type; or Transportation may issue temporary pro-
(b) Any other change relating to the regis- portional registration permits to qualifying
tration of the vehicle is made where it would be persons pending registration of vehicles under
administratively convenient for the department SURSRUWLRQDOUHJLVWUDWLRQXQGHU256
WRPDNHVXFKDGMXVWPHQWV>)RUPHUO\@ RUSURSRUWLRQDOÁHHWUHJLVWUDWLRQXQGHU256
DQGLVVXDQFHRIDSSURSULDWHLGHQWLÀ-
)HHVIRUFDUGVSODWHVDQGVWLFN- FDWLRQGHYLFHV>)RUPHUO\@
HUV7KHIHHIRULVVXDQFHRIDGXSOLFDWHRU
UHSODFHPHQWUHJLVWUDWLRQFDUGLV 826.031 Registration for certain vehi-
cles subject to weight mile tax and not
(2) The fee for issuance of each original, otherwise registered. (1) The owner of a
replacement or duplicate registration plate vehicle that is subject to the tax imposed under
LVDQGLQFOXGHVDUHJLVWUDWLRQFDUGDQG 256DQGWKDWLVQRWUHJLVWHUHGXQGHU
VWLFNHU the proportional registration provisions of
(3) The fee for renewal of a registration plate this chapter and is not registered in any other
LVDQGLQFOXGHVDUHJLVWUDWLRQFDUGDQG jurisdiction shall register the vehicle with the
VWLFNHU Department of Transportation if the vehicle is
WREHRSHUDWHGLQWKLVVWDWH5HJLVWUDWLRQXQGHU
(4) The fee for issuance of replacement reg- this section is in lieu of registration under ORS
LVWUDWLRQVWLFNHUVLV FKDSWHU
,IDVHFRQGSODWHLVUHTXLUHGIRURQHYHKL- (2) The department shall determine the form
cle, the fee for the plate or for a sticker for the of application for registration and renewal of
SODWHLV>)RUPHUO\F registration and may require any information
@ that it determines necessary to facilitate the
'XSOLFDWHRUUHSODFHPHQWUHJLVWUD- UHJLVWUDWLRQSURFHVV
WLRQFDUGV7KH'HSDUWPHQWRI7UDQVSRUWDWLRQ
(3) A vehicle registered under this section is registration for up to one extra quarter if the
subject to the insurance requirements of ORS renewal application has been submitted and
DQGQRWWRWKHÀQDQFLDOUHVSRQVLELOLW\ the required fees for registration have been
UHTXLUHPHQWVRI256FKDSWHU&HUWLÀFD- paid on or before the last day of the registration
WLRQRIFRPSOLDQFHZLWKÀQDQFLDOUHVSRQVLELOLW\ SHULRGIRUWKHYHKLFOHV7KHH[WHQVLRQRIWLPH
UHTXLUHPHQWVDVVSHFLÀHGLQ256LV allowed by this subsection shall be granted
not required for renewal of registration of a only if the department determines that the
YHKLFOHXQGHUWKLVVHFWLRQ extension is necessary for the administrative
(4) A vehicle registered under this section FRQYHQLHQFHRIWKHGHSDUWPHQW
shall be deemed to be fully registered in this (4) Nothing in this section requires the
state for any type of movement or operation, department to issue registration plates that are
except that in those instances in which a grant YDOLGIRUOHVVWKDQDRQH\HDUSHULRG$QHOHF-
of authority is required for intrastate move- tion by a carrier to operate in nonconsecutive
ment or operation, no such vehicle shall be quarters of a four-quarter period does not by
operated in intrastate commerce in this state itself require the carrier to renew registration
unless the owner thereof has been granted SODWHV>)RUPHUO\@
intrastate authority or right by the depart- 826.039 Refund of certain registration
ment and unless the vehicle is being operated fees. (1) The Department of Transportation
LQFRQIRUPLW\ZLWKVXFKDXWKRULW\DQGULJKWV shall grant a refund of that portion of the reg-
(5) A vehicle may be registered under this istration fee applicable to the unexpired portion
VHFWLRQSULRUWRDFHUWLÀFDWHRIWLWOHEHLQJLVVXHG of the registration period for a vehicle described
for the vehicle but nothing in this section LQ256LIWKHYHKLFOHLVVROGDQG
DIIHFWVDQ\UHTXLUHPHQWWKDWDFHUWLÀFDWHRI (a) The seller is an individual and does not
WLWOHEHLVVXHG>)RUPHUO\F intend to remain in, or within one year to reen-
@ ter, business as a motor carrier;
826.033 Application of other registra- (b) Neither the selling person if an individ-
tion provisions of Oregon Vehicle Code ual nor substantially the same group of persons
to vehicles registered under this chapter. if a group intends to register, or within one
The provisions of ORS chapter 803 concerning year of the date of sale registers, an assumed
the registration of vehicles apply to vehicles business name under the provisions of ORS
UHJLVWHUHGXQGHUWKLVFKDSWHUXQOHVVDVSHFLÀF FKDSWHUIRUWKHSXUSRVHRIGRLQJEXVLQHVV
provision of this chapter differs from a compa- as a motor carrier; or
UDEOHSURYLVLRQRI256FKDSWHU>)RUPHUO\
@ (c) Neither the selling person if an individual
nor substantially the same group of persons if
826.035 Registration identification a group intends to organize, or within one year
devices and cards for vehicles registered from the date of sale organizes, as a corpora-
under ORS 826.031. (1) The Department of WLRQXQGHUWKHSURYLVLRQVRI256FKDSWHU
Transportation may issue appropriate reg- for the purpose of doing business as a motor
istration, stickers, plates or other suitable FDUULHU
LGHQWLÀFDWLRQGHYLFHVWKHGHSDUWPHQWFRQVLGHUV
convenient for vehicles registered under ORS ,IWKHGHSDUWPHQWJUDQWVDUHIXQGWR
7KHIHHVIRUVXFKVWLFNHUVRUSODWHV a person or entity that attempts to reenter
DUHDVSURYLGHGLQ256 business as a motor carrier within one year
of the date of the sale that led to the refund,
(2) Registration cards may be issued for the department may refuse to issue authority
YHKLFOHVUHJLVWHUHGXQGHU2565HJ- to the person or entity until the amount of the
istration cards issued for the vehicles shall be UHIXQGKDVEHHQUHSDLG>)RUPHUO\@
FDUULHGRQWKHYHKLFOHDWDOOWLPHV>)RUPHUO\
@ 826.041 Agents for issuance of registra-
tion and collection of fees. The Department
826.037 Annual or quarterly regis- of Transportation may appoint agents to issue
tration under ORS 826.031. (1) Vehicles registration and to collect any fees required
UHJLVWHUHGXQGHU256PD\EHUHJLV- E\WKLVFKDSWHU7KHGHSDUWPHQWVKDOOSUH-
WHUHGXQGHUVWDJJHUHGUHJLVWUDWLRQ scribe the duties and compensation of such
(2) For purposes of this section, staggered agents and may require them to give bonds,
UHJLVWUDWLRQVWDUWVRQWKHÀUVWGD\RIDQ\FDO- in such amount as the department determines
endar quarter and runs through the last day appropriate, conditioned upon the faithful per-
of the last calendar quarter in the registration IRUPDQFHRIWKHLUGXWLHV>)RUPHUO\@
SHULRG7KHQXPEHURIFDOHQGDUTXDUWHUVLQD
registration period is elected by the vehicle TITLE 60
owner at the time of registration except that
a person may not establish a staggered regis- CHAPTERS 827 TO 829
WUDWLRQSHULRGRIPRUHWKDQIRXUTXDUWHUV
(3) The Department of Transportation may [Reserved for expansion]
DOORZDFDUULHUUHJLVWHUHGXQGHU256
to operate on expired registration plates and _______________
Page 513
RELATED LAWS
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
of this chapter and of the criminal procedure (b) Any other county whose county seat is a
laws of this state do not apply to violations shorter distance by road from the place where
that govern the parking of vehicles and that the violation was committed than is the county
DUHFUHDWHGE\RUGLQDQFHRUE\DJHQF\UXOH seat of the county in which the violation was
(3) The statute of limitations for proceed- 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\GHVFULEHGLQ256WRHQJDJH 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 $,QDFLUFXLWFRXUW
SHQDOWLHV([FHSWIRURUGLQDQFHVJRYHUQLQJWKH
parking of vehicles, administrative enforce- (B) Notwithstanding the provisions of ORS
ment as described in this subsection may not WKDWOLPLWWKHMXULVGLFWLRQRIMXVWLFH
be used for any prohibition designated as an courts to offenses committed within the county,
RIIHQVH in a justice court; or
(5) Nothing in this chapter affects the abil- &,IWKHYLRODWLRQZDVFRPPLWWHGZLWKLQD
ity of any political subdivision of this state FLW\LQWKHPXQLFLSDOFRXUWRIWKHFLW\
to establish rules relating to administrative D ([FHSW DV RWKHUZLVH SURYLGHG LQ
enforcement as described in subsection (4) of paragraph (b) of this subsection, if a violation
this section, including rules providing for the proceeding is commenced in a county other
use of citations or other procedures for initiat- than the county in which the violation was
LQJDGPLQLVWUDWLYHHQIRUFHPHQWSURFHHGLQJV committed, at the request of the defendant the
1RWKLQJLQWKLVFKDSWHUDIIHFWVWKHDELOLW\ place of trial may be changed to the county in
of any political subdivision of this state to con- ZKLFKWKHYLRODWLRQZDVFRPPLWWHG$UHTXHVW
duct hearings for administrative enforcement for a change of the place of trial shall be made
as described in subsection (4) of this section, prior to the date set for the trial and shall be
HLWKHUEHIRUHDKHDULQJRIÀFHURUEHIRUHWKH JRYHUQHGE\WKHSURYLVLRQVRI256WR
JRYHUQLQJERG\RIWKHSROLWLFDOVXEGLYLVLRQ UHODWLQJWRFKDQJHRIYHQXH
(7) Nothing in this chapter affects the abil- (b) A defendant may not request that the
ity of any political subdivision to bring a civil place of trial be changed if the violation was
action to enforce the charter, ordinances, rules committed within a city and the proceeding is
and regulations of the political subdivision, or FRPPHQFHGLQWKHPXQLFLSDOFRXUWRIWKHFLW\
to bring a civil action to enforce any order for ([FHSWDVVSHFLÀFDOO\SURYLGHGLQWKLV
administrative enforcement as described in section, venue in violation proceedings in
VXEVHFWLRQRIWKLVVHFWLRQ FLUFXLWFRXUWVLVJRYHUQHGE\256WR
1RWKLQJ LQ 256 DIIHFWV WKH >FFD
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 tion. $QHQIRUFHPHQWRIÀFHUPD\QRWDUUHVW
same basis as the political subdivision could stop or detain a person for the commission of a
under the law in effect immediately before violation except to the extent provided in this
-DQXDU\>FF VHFWLRQDQG256
DF@
$QHQIRUFHPHQWRIÀFHUPD\VWRSDQG
153.033 Rules of procedure. The Supreme GHWDLQDQ\SHUVRQLIWKHRIÀFHUKDVUHDVRQ-
Court may adopt rules for the conduct of vio- able grounds to believe that the person has
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Supreme Court under this section must be may stop and detain any employee, agent or
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Rules adopted under this section supersede RUJDQL]DWLRQ LI WKH RIÀFHU KDV UHDVRQDEOH
any local rule of a state court to the extent the JURXQGVWREHOLHYHWKDWWKHÀUPFRUSRUDWLRQRU
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municipal court rules must conform to any ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
rules adopted by the Supreme Court under this section, the period of detention may be
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153.036 Venue. (1) A violation proceeding D(VWDEOLVKWKHLGHQWLW\RIWKHSHUVRQÀUP
PD\EHFRPPHQFHGLQ corporation or organization believed to have
committed the violation;
(a) The county in which the violation was
committed; or (b) Conduct any investigation reasonably
related to the violation; and
(b) The defendant may enter a plea of no appear at any other subsequent time set for
contest by delivering to the court the summons trial or other appearance, the court may issue
and a check or money order in the amount of an order that requires the defendant to appear
WKHSUHVXPSWLYHÀQHVHWIRUWKLQWKHVXPPRQV and show cause why the defendant should not
The entry of a plea under the provisions of this EHKHOGLQFRQWHPSW7KHVKRZFDXVHRUGHUPD\
paragraph constitutes a waiver of trial and EHPDLOHGWRWKHGHIHQGDQWE\FHUWLÀHGPDLO
consent to the entry of a judgment forfeiting UHWXUQUHFHLSWUHTXHVWHG,IVHUYLFHFDQQRWEH
WKHSUHVXPSWLYHÀQH$QRFRQWHVWSOHDXQGHU accomplished by mail, the defendant must be
this section is not subject to the requirements SHUVRQDOO\VHUYHG,IWKHGHIHQGDQWLVVHUYHG
of ORS chapter 135 relating to the entry of DQGIDLOVWRDSSHDUDWWKHWLPHVSHFLÀHGLQWKH
pleas and, upon receipt of the plea, the court show cause order, the court may issue an arrest
may enter judgment against the defendant warrant for the defendant for the purpose of
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(4) The court may require that a defendant F@
requesting a trial under subsection (3) of this
(Trial)
section deposit an amount equal to the pre-
VXPSWLYHÀQHHVWDEOLVKHGXQGHU256 153.070 When trial required. The court
DQGRUVXFKRWKHUDPRXQWDVWKHFRXUW may require that a trial be held in any violation
determines appropriate if the defendant has SURFHHGLQJ,IWKHGHIHQGDQWUHTXHVWVDWULDO
failed to appear in any court on one or more XQGHU256RUDWULDOLVUHTXLUHGE\
RWKHUFKDUJHVLQWKHSDVW,IWKHGHIHQGDQW the court or by law, the court shall set a date,
GRHVQRWGHSRVLWWKHDPRXQWVSHFLÀHGE\WKH WLPHDQGSODFHIRUWKHWULDO>F
court, the defendant must personally appear FF@
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The amount deposited by the defendant may 153.073 Time and place. Unless notice is
EHDSSOLHGDJDLQVWDQ\ÀQHLPSRVHGE\WKH waived by the defendant, the court shall mail
court, and any amount not so applied shall be or otherwise provide to the defendant notice
refunded to the defendant at the conclusion of RIWKHGDWHWLPHDQGSODFHDWOHDVWÀYHGD\V
WKHSURFHHGLQJV EHIRUHWKHGDWHVHWIRUWULDOXQGHU256
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(5) The court may require a defendant to DYLRODWLRQRI256WKHQRWLFHPXVW
appear personally in any case, or may require contain a warning to the defendant that if the
WKDWDOOGHIHQGDQWVDSSHDULQVSHFLÀHGFDWHJR- defendant fails to appear at the trial, the driv-
ULHVRIFDVHV ing privileges of the defendant are subject to
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plea in the manner provided in subsection (3) FFD@
of this section, and the court determines that 153.076 Conduct of trial. (1) Violation
WKHSUHVXPSWLYHÀQHLVQRWDGHTXDWHE\UHDVRQ proceedings shall be tried to the court sitting
of previous convictions of the defendant, the ZLWKRXWMXU\7KHWULDOLQDYLRODWLRQSURFHHG-
nature of the offense charged or other circum- ing may not be scheduled fewer than seven
stances, the court may require that a trial be days after the date that the citation is issued
KHOGXQOHVVDQDGGLWLRQDOÀQHDPRXQWLVSDLG unless the defendant waives the seven-day
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VHFWLRQPD\EHJLYHQWRWKHGHIHQGDQWE\PDLO (2) The state, municipality or political sub-
,QQRHYHQWPD\WKHFRXUWUHTXLUHDWRWDOÀQH division shall have the burden of proving the
DPRXQWLQH[FHVVRIWKHPD[LPXPÀQHHVWDE- charged violation by a preponderance of the
OLVKHGIRUWKHYLRODWLRQE\VWDWXWH HYLGHQFH
,I D GHIHQGDQW IDLOV WR PDNH D ÀUVW (3) The pretrial discovery rules in ORS
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subsequent time set for trial or other appear-
ance, the driving privileges of the defendant (5) Defense counsel shall not be provided
DUHVXEMHFWWRVXVSHQVLRQXQGHU256 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- nesses but, except upon good cause shown to
tion (2) of this section, a warrant for arrest may the court, shall not appear in violation proceed-
be issued against a person who fails to make LQJVXQOHVVFRXQVHOIRUWKHGHIHQGDQWDSSHDUV
DÀUVWDSSHDUDQFHRQDFLWDWLRQIRUDYLRODWLRQ The court shall ensure that the district attor-
or fails to appear at any other subsequent time ney or city attorney is given timely notice if
set for trial or other appearance, only if the GHIHQVHFRXQVHOLVWRDSSHDUDWWULDO>
person is charged with failure to appear in a F@
YLRODWLRQSURFHHGLQJXQGHU256 7HVWLPRQ\E\DIÀGDYLWRUGHF-
,IDSHUVRQIDLOVWRPDNHDÀUVWDSSHDU- laration. (1) Notwithstanding any other
ance on a citation for a violation, or fails to provision of law, the court may admit as
evidence in any trial in a violation proceeding (d) Remission of any balance of a presump-
WKHDIÀGDYLWRUGHFODUDWLRQRIDZLWQHVVLQOLHXWLYHÀQHWRWKHGHIHQGDQWDQG
of taking the testimony of the witness orally H$Q\RWKHUSURYLVLRQDXWKRUL]HGE\ODZ
DQGLQFRXUW7KHDXWKRULW\JUDQWHGXQGHUWKLV
VHFWLRQLVVXEMHFWWRDOORIWKHIROORZLQJ 1RWZLWKVWDQGLQJ256LIWKH
court orders restitution in a default judgment
D7HVWLPRQ\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
E7KHFRXUWVKDOODOORZWHVWLPRQ\E\DIÀ- HVWDEOLVKDSD\PHQWVFKHGXOHE\ÀOLQJDZULW-
davit or declaration under this section only ten request with the court within one year
upon receiving a signed statement from the DIWHUWKHHQWU\RIWKHMXGJPHQW7KHFRXUWVKDOO
defendant waiving the right to have the testi- set a hearing on the issue of the defendant’s
PRQ\SUHVHQWHGRUDOO\LQFRXUW ability to pay upon receipt of the request and
F7HVWLPRQ\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
RUGHFODUDWLRQVSHFLÀFDOO\VRSURYLGHV defendant is unable to pay the ordered resti-
(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
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means a declaration under penalty of perjury FRQWHVWXQGHU256DQGWKHFRXUW
LQWKHIRUPUHTXLUHGE\25&3(>F accepts the plea and enters judgment against
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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
DWWRUQH\GRHVQRWDSSHDUWKHSHDFHRIÀFHU part of a judgment entered under this chapter
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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QRQVXVSHQGHGSRUWLRQRIWKHÀQHZLWKLQWKH
(1) The application of statutes and rules to VSHFLÀHGSHULRGRIWLPHWKHVXVSHQGHGSRU-
the facts in the case; tion of the judgment becomes operative without
(2) The literal meaning of the statutes or further proceedings by the court and the sus-
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
>FFF@ 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
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- VXVSHQGWKHGHIHQGDQW·VGULYLQJSULYLOHJHV
ace to Oregon Revised Statutes for further (QWU\RIDGHIDXOWMXGJPHQWXQGHU256
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ecution of the defendant for the crime of failure
(Judgment) to appear in a violation proceeding under ORS
153.090 Provisions of judgment. (1)
Judgments entered under this chapter may ,I D SHUVRQ KHOG FRPPHUFLDO GULYLQJ
LQFOXGH SULYLOHJHVDVGHVFULEHGLQ256DWWKH
D,PSRVLWLRQRIDVHQWHQFHWRSD\DÀQH time the offense was committed, a court may
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
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restitution, if any, be paid out of the presump- from appearing on the driving record of the
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offenses, whether committed while driving a
motor vehicle or a commercial motor vehicle, 153.108 Effect of judgment. (1) Notwith-
EXWGRHVQRWDSSO\WRSDUNLQJYLRODWLRQV> VWDQGLQJ256WRLIDSHUVRQ
FFF commits both a crime and a violation as part
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cases. ,QDQ\SURFHHGLQJIRUDYLRODWLRQ DSOHDÀQGLQJRUMXGJPHQWLQDYLRODWLRQSUR-
XQGHU256RUWKHFRXUWPD\ ceeding, or the fact that a violation proceeding
FRQGLWLRQDOO\VXVSHQGDOORUSDUWRIDQ\ÀQH has been brought against a defendant, may
or penalty to be imposed on the defendant if not be used for the purpose of res judicata or
the defendant appears personally and agrees collateral estoppel, or be admitted as evidence
to complete at the defendant’s own expense a LQDQ\FLYLOSURFHHGLQJ>F
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WKH6WDWH0DULQH%RDUGXQGHU256 153.110>FUHSHDOHGE\
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,QDQ\SURFHHGLQJIRUDYLRODWLRQXQGHU 153.111 Distribution of abstracts of
256RUWKHFRXUWVKDOOQRWLI\ convictions. (1) Upon entry of a conviction
the State Marine Board if the defendant fails IRUDWUDIÀFRIIHQVHWKHFRXUWVKDOOIRUZDUG
to appear at any time as required by law or the to the Department of Transportation an
court, or fails to comply with any order of the 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-
SUHVHQWHGDWWKHWULDO PHUFLDOÀVKLQJODZVRUDQ\UXOHSURPXOJDWHG
,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
256DQGDWULDOLVQRWRWKHUZLVH the Department of State Police an abstract of
required by the court or by law, the court shall FRQYLFWLRQ
PDNHDGHFLVLRQEDVHGRQWKHFLWDWLRQ7KH (3) Upon entry of a conviction for a compul-
court may consider any statement of explana- sory school attendance violation under ORS
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153.102 Entry; default cases. ,IWKH (4) Upon entry of a conviction for violation of
defendant in a violation proceeding does a weights and measures law subject to penalty
QRWPDNHDÀUVWDSSHDUDQFHLQWKHPDQQHU XQGHU256WKHFRXUWVKDOOIRUZDUG
UHTXLUHG E\ 256 ZLWKLQ WKH WLPH to the State Department of Agriculture an
allowed, and a trial is not otherwise required DEVWUDFWRIFRQYLFWLRQ
by the court or by law, the court may enter (5) Upon entry of a conviction of a boating
a default judgment based on the complaint RIIHQVHDVGHÀQHGLQ256WKHFRXUW
and any other evidence the judge determines shall forward to the State Marine Board an
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within the time allowed and requests a trial, WKHSURYLVLRQVRIWKLVVHFWLRQ>F@
and the defendant subsequently fails to appear
at the date, time and place set for any trial or 153.120>FUHSHDOHGE\
other appearance in the matter, and if a trial is F@
not otherwise required by the court or by law,
the court shall enter a judgment based on the (Appeal)
complaint and any other evidence the judge
GHWHUPLQHVDSSURSULDWH>F@ 153.121 Appeal. An appeal from a judg-
ment in a violation proceeding may be taken
153.105 Relief from default judgment. ,I E\HLWKHUSDUW\DVIROORZV
a default judgment is entered against a defen-
GDQWXQGHU256WKHFRXUWPD\UHOLHYH (1) From a proceeding in justice court or
a defendant from the judgment upon a show- PXQLFLSDOFRXUWDVSURYLGHGLQ256
ing that the failure of the defendant to appear IRUDSSHDOVRIYLRODWLRQV
was due to mistake, inadvertence, surprise or (2) From a proceeding in circuit court, as
H[FXVDEOHQHJOHFW$PRWLRQIRUUHOLHIXQGHUWKLV provided in ORS chapter 19, except that the
section must be made by the defendant within a standard of review is the same as for an appeal
reasonable time, and in no event may a motion from a judgment in a proceeding involving a
under this section be made more than one year PLVGHPHDQRURUIHORQ\>F
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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
FRPSODLQWPDGHE\DQRIÀFHURIWKH2UHJRQ transit district ordinance violations. (1)
6WDWH3ROLFHRUE\DQ\RWKHUHQIRUFHPHQWRIÀFHU ,IDFRXUWHQWHUVDMXGJPHQWRIFRQYLFWLRQIRU
HPSOR\HGE\VWDWHJRYHUQPHQWDVGHÀQHGLQ the violation of an ordinance enacted by the
256 district board of a mass transit district under
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(2) is payable to the state and must be for- MXGJPHQWDUHSD\DEOHDVIROORZV
warded to the Department of Revenue for D7KHDPRXQWSUHVFULEHGE\256
deposit in the Criminal Fine Account; (1) is payable to the state and must be depos-
(b) Subject to subsection (4) of this section, ited in the Criminal Fine Account;
one-half of the amount remaining after any (b) One-half of the amount remaining after
payment required by paragraph (a) of this any payment required by paragraph (a) of
subsection is payable to the city in which the this subsection is payable to the district that
municipal court is located; and enacted the ordinance; and
(c) Subject to subsection (4) of this section, (c) One-half of the amount remaining after
one-half of the amount remaining after any any payment required by paragraph (a) of this
payment required by paragraph (a) of this subsection is payable as provided in subsection
VXEVHFWLRQLVSD\DEOHWRWKHVWDWH RIWKLVVHFWLRQ
,IDPXQLFLSDOFRXUWHQWHUVDMXGJPHQW D,IDMXGJPHQWRIFRQYLFWLRQWKDWLVVXE-
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viction resulted from a prosecution arising LQFLUFXLWFRXUWWKHDPRXQWVSHFLÀHGLQVXE-
out of an arrest or complaint made by a city section (1)(c) of this section shall be paid to the
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(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
WKHUHPDLQLQJDPRXQWRIWKHÀQHLVSD\DEOHWR to subsection (1) of this section is entered in
WKHFLW\LQZKLFKWKHFRXUWLVORFDWHG PXQLFLSDOFRXUWWKHDPRXQWVSHFLÀHGLQVXE-
,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
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(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 treasurer. ,IDMXVWLFHRUPXQLFLSDOFRXUW
deposit in the Criminal Fine Account; LPSRVHVDÀQHIRUDQ\RIIHQVHRWKHUWKDQD
(b) Subject to subsection (4) of this section, WUDIÀFRIIHQVHDQGWKHIXOODPRXQWRIWKHÀQH
one-half of the amount remaining after any LPSRVHGLVFROOHFWHGWKHODVWRIWKHDPRXQW
payment required by paragraph (a) of this sub- collected shall be paid to the county treasurer
section is payable to the local government that for the county in which the court is located
HPSOR\VWKHHQIRUFHPHQWRIÀFHUDQG and may be used only for the purposes spec-
(c) Subject to subsection (4) of this section, LÀHGLQWKLVVHFWLRQ,IWKHIXOODPRXQWRIWKH
one-half of the amount remaining after any ÀQHLPSRVHGLVQRWFROOHFWHGWKHSD\PHQW
payment required by paragraph (a) of this required by this subsection shall be reduced by
subsection is payable to the city in which the RQHGROODUIRUHYHU\GROODURIWKHÀQHWKDWLVQRW
FRXUWLVORFDWHG FROOHFWHG7KHSURYLVLRQVRIWKLVVXEVHFWLRQGR
QRWDSSO\WRÀQHVLPSRVHGIRUYLRODWLRQVRI256
,IWKHIXOODPRXQWRIWKHÀQHLPSRVHG
E\DPXQLFLSDOFRXUWLVFROOHFWHGWKHODVW RU
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
SXUSRVHVVSHFLÀHGLQ256,IWKHIXOO XQGHU256DQGVKDOO
DPRXQWRIWKHÀQHLPSRVHGLVQRWFROOHFWHGWKH be deposited by the treasurer in the county
SD\PHQWUHTXLUHGE\WKLVVXEVHFWLRQVKDOO treasury and may be used only for drug and
be reduced by one dollar for every dollar of the alcohol programs and for the costs of planning,
ÀQHWKDWLVQRWFROOHFWHG7KHSURYLVLRQVRIWKLV operating and maintaining county juvenile and
DGXOWFRUUHFWLRQVSURJUDPVDQGIDFLOLWLHV
showing that the failure of the person to appear 153.992 Penalty for failure to appear.
was due to mistake, inadvertence, surprise or (1) A person commits the offense of failure to
H[FXVDEOHQHJOHFW7KHPRWLRQPXVWEHPDGH appear in a violation proceeding if the person
within a reasonable time, and in no event more has been served with a violation citation issued
than one year after entry of judgment in the under this chapter and the person knowingly
PDWWHU IDLOVWRGRDQ\RIWKHIROORZLQJ
(8) A judgment may be entered under this D0DNHDÀUVWDSSHDUDQFHLQWKHPDQQHU
section only if the citation issued to the person UHTXLUHG E\ 256 ZLWKLQ WKH WLPH
contains a statement notifying the person DOORZHG
that a judgment may be entered against the (b) Make appearance at the time set for trial
SHUVRQXSWRWKHPD[LPXPDPRXQWRIÀQHV LQWKHYLRODWLRQSURFHHGLQJ
assessments and other costs allowed by law
for the parking violation if the person fails to (c) Appear at any other time required by the
DSSHDUDWWKHWLPHGDWHDQGFRXUWVSHFLÀHGLQ FRXUWRUE\ODZ
the citation or fails to appear at subsequently (2) Failure to appear on a violation citation
VFKHGXOHGKHDULQJVLQWKHPDWWHU LVD&ODVV$PLVGHPHDQRU>F@
(9) Notwithstanding any other provision of 153.995>)RUPHUO\UHSHDOHGE\
law, a judgment entered under this section does F@
not create a judgment lien and cannot become
DMXGJPHQWOLHQE\DQ\PHDQV>F 153.997>FUHSHDOHGE\
F@ F@
Chapter 183
(',7,21
ADMINISTRATIVE PROCEDURES ACT
EXECUTIVE BRANCH; ORGANIZATION
ADMINISTRATIVE PROCEDURES ACT
(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
UHTXLUHGE\256 the extent of that impact will be and whether
WKHUXOHZLOOKDYHDVLJQLÀFDQWDGYHUVHLPSDFW
(3) An order shall not be effective as to any RQVPDOOEXVLQHVVHV,IWKHFRPPLWWHHLQGLFDWHV
person or party unless it is served upon the WKDWWKHUXOHZLOOKDYHDVLJQLÀFDQWDGYHUVH
SHUVRQRUSDUW\HLWKHUSHUVRQDOO\RUE\PDLO impact on small businesses, the agency shall
This subsection is not applicable in favor of any seek the committee’s recommendations on com-
person or party who has actual knowledge of SOLDQFHZLWK256
WKHRUGHU
(4) An agency shall consider an advisory
$QRUGHULVQRWÀQDOXQWLOLWLVUHGXFHG committee’s recommendations provided under
WRZULWLQJ>FF subsection (3) of this section in preparing the
FFF VWDWHPHQWRIÀVFDOLPSDFWUHTXLUHGE\256
F@ E(
183.332 Policy statement; conformity of ,IDQDJHQF\GRHVQRWDSSRLQWDQDGYLVRU\
state rules with equivalent federal laws committee for consideration of a permanent
and rules. ,WLVWKHSROLF\RIWKLVVWDWHWKDW rule under subsection (1) of this section and 10
agencies shall seek to retain and promote the or more persons likely to be affected by the rule
unique identity of Oregon by considering local REMHFWWRWKHDJHQF\·VVWDWHPHQWRIÀVFDOLPSDFW
conditions when an agency adopts policies and DVUHTXLUHGE\256E(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\256LVJLYHQ,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 RIGDWDRUYLHZVXQGHU256DE\
state that warrant a different rule; DWOHDVWGD\V7KHDJHQF\VKDOOLQFOXGHDQ\
recommendations from the committee in the
(4) The state rule has the effect of clarify- UHFRUGPDLQWDLQHGE\WKHDJHQF\IRUWKHUXOH
ing the federal rules, standards, procedures
or requirements; 6XEVHFWLRQRIWKLVVHFWLRQGRHVQRW
apply to any rule adopted by an agency to
(5) The state rule achieves the goals of the comply with a judgment or a settlement of a
federal and state law with the least impact on MXGLFLDOSURFHHGLQJ
public and private resources; or
,IDQDJHQF\LVUHTXLUHGE\ODZWRDSSRLQW
7KHUHLVQRFRUUHVSRQGLQJIHGHUDOUHJX- an advisory committee under this section, the
ODWLRQ>F@ DJHQF\PD\QRWDSSRLQWDQRIÀFHUHPSOR\HHRU
183.333 Policy statement; public other agent of the agency to serve as a member
involvement in development of policy RIWKHDGYLVRU\FRPPLWWHH>F
and drafting of rules; advisory commit- FF@
tees. 7KH/HJLVODWLYH$VVHPEO\ÀQGVDQG 183.335 Notice; content; public
declares that it is the policy of this state that comment; temporary rule adoption,
whenever possible the public be involved in the amendment or suspension; substantial
development of public policy by agencies and in compliance required. (1) Prior to the adop-
WKHGUDIWLQJRIUXOHV7KH/HJLVODWLYH$VVHPEO\ tion, amendment or repeal of any rule, the
encourages agencies to seek public input to DJHQF\VKDOOJLYHQRWLFHRILWVLQWHQGHGDFWLRQ
the maximum extent possible before giving
QRWLFHRILQWHQWWRDGRSWDUXOH7KHDJHQF\ D ,Q WKH PDQQHU HVWDEOLVKHG E\ UXOH
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 E ,Q WKH EXOOHWLQ UHIHUUHG WR LQ 256
(2) Any agency in its discretion may develop DWOHDVWGD\VSULRUWRWKHHIIHFWLYH
a list of interested parties and inform those date;
parties of any issue that may be the subject (c) At least 28 days before the effective date,
of rulemaking and invite the parties to make to persons who have requested notice pursuant
FRPPHQWVRQWKHLVVXH to subsection (8) of this section; and
,I DQ DJHQF\ DSSRLQWV DQ DGYLVRU\
committee for consideration of a rule under
(d) Delivered only by electronic mail, at least this subsection from publication in the bulletin
49 days before the effective date, to the persons UHIHUUHGWRLQ256
VSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQ (d) When providing notice of an intended
(2)(a) The notice required by subsection (1) action under subsection (1)(c) of this section,
RIWKLVVHFWLRQPXVWLQFOXGH the agency shall provide a copy of the rule
(A) A caption of not more than 15 words that the agency proposes to adopt, amend or
WKDWUHDVRQDEO\LGHQWLÀHVWKHVXEMHFWPDWWHURI repeal, or an explanation of how the person
WKHDJHQF\·VLQWHQGHGDFWLRQ7KHDJHQF\VKDOO PD\DFTXLUHDFRS\RIWKHUXOH7KHFRS\RIDQ
include the caption on each separate notice, amended rule shall show all changes to the
VWDWHPHQWFHUWLÀFDWHRURWKHUVLPLODUGRFX- rule by striking through material to be deleted
PHQWUHODWHGWRWKHLQWHQGHGDFWLRQ and underlining all new material, or by any
other method that clearly shows all new and
(B) An objective, simple and understandable GHOHWHGPDWHULDO
statement summarizing the subject matter and
SXUSRVHRIWKHLQWHQGHGDFWLRQLQVXIÀFLHQW (3)(a) When an agency proposes to adopt,
detail to inform a person that the person’s amend or repeal a rule, it shall give interested
interests may be affected, and the time, place persons reasonable opportunity to submit data
and manner in which interested persons may RUYLHZV2SSRUWXQLW\IRURUDOKHDULQJVKDOOEH
SUHVHQWWKHLUYLHZVRQWKHLQWHQGHGDFWLRQ granted upon request received from 10 persons
or from an association having not less than 10
(b) The agency shall include with the notice members before the earliest date that the rule
of intended action given under subsection (1) could become effective after the giving of notice
RIWKLVVHFWLRQ SXUVXDQWWRVXEVHFWLRQRIWKLVVHFWLRQ$Q
(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 VSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQ7KH
a statement of how the rule is intended to meet agency shall publish notice of the hearing in
the need; WKHEXOOHWLQUHIHUUHGWRLQ256DWOHDVW
GD\VEHIRUHWKHKHDULQJ7KHDJHQF\VKDOO
(D) A list of the principal documents, reports FRQVLGHUIXOO\DQ\ZULWWHQRURUDOVXEPLVVLRQ
or studies, if any, prepared by or relied upon by
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
($VWDWHPHQWRIÀVFDOLPSDFWLGHQWLI\LQJ the geographical area at the place most conve-
state agencies, units of local government and nient for the majority of the residents within
the public that may be economically affected by WKHJHRJUDSKLFDODUHD$WOHDVWGD\VEHIRUH
the adoption, amendment or repeal of the rule a hearing conducted under this paragraph, the
and an estimate of that economic impact on agency shall publish notice of the hearing in
state agencies, units of local government and WKHEXOOHWLQUHIHUUHGWRLQ256DQGLQ
WKHSXEOLF,QFRQVLGHULQJWKHHFRQRPLFHIIHFW a newspaper of general circulation published
of the proposed action on the public, the agency within the geographical area that is affected by
shall utilize available information to project WKHUXOHRUWRZKLFKWKHUXOHDSSOLHV,IDQHZV-
DQ\VLJQLÀFDQWHFRQRPLFHIIHFWRIWKDWDFWLRQ paper of general circulation is not published
on businesses which shall include a cost of com- within the geographical area that is affected
SOLDQFHHIIHFWRQVPDOOEXVLQHVVHVDIIHFWHG by the rule or to which the rule applies, the
)RUDQDJHQF\VSHFLÀHGLQ256WKH publication shall be made in the newspaper
VWDWHPHQWRIÀVFDOLPSDFWVKDOODOVRLQFOXGHD of general circulation published closest to the
housing cost impact statement as described in JHRJUDSKLFDODUHD
256
(c) Notwithstanding paragraph (a) of this
),IDQDGYLVRU\FRPPLWWHHLVQRWDSSRLQWHG subsection, the Department of Corrections
XQGHUWKHSURYLVLRQVRI256DQH[SOD- and the State Board of Parole and Post-Prison
nation as to why no advisory committee was Supervision may adopt rules limiting partic-
used to assist the agency in drafting the rule; ipation by inmates in the proposed adoption,
and amendment or repeal of any rule to written
(G) A request for public comment on whether VXEPLVVLRQV
other options should be considered for achiev- G ,I UHTXHVWHG E\ DW OHDVW ÀYH SHUVRQV
ing the rule’s substantive goals while reducing before the earliest date that the rule could
the negative economic impact of the rule on become effective after the agency gives notice
EXVLQHVV pursuant to subsection (1) of this section, the
(c) The Secretary of State may omit the DJHQF\VKDOOSURYLGHDVWDWHPHQWWKDWLGHQWLÀHV
information submitted under paragraph (b) of the objective of the rule and a statement of
how the agency will subsequently determine (b) A rule temporarily suspended shall
whether the rule is in fact accomplishing that regain effectiveness upon expiration of the
REMHFWLYH temporary period of suspension unless the
(e) An agency that receives data or views rule is repealed under subsections (1) to (4) of
concerning proposed rules from interested WKLVVHFWLRQ
persons shall maintain a record of the data (7) Notwithstanding subsections (1) to (4)
RUYLHZVVXEPLWWHG7KHUHFRUGVKDOOFRQWDLQ of this section, an agency may amend a rule
(A) All written materials submitted to an without prior notice or hearing if the amend-
agency in response to a notice of intent to PHQWLVVROHO\IRUWKHSXUSRVHRI
DGRSWDPHQGRUUHSHDODUXOH (a) Changing the name of an agency by
(B) A recording or summary of oral submis- reason of a name change prescribed by law;
sions received at hearings held for the purpose E&KDQJLQJWKHQDPHRIDSURJUDPRIÀFH
RIUHFHLYLQJWKRVHVXEPLVVLRQV or division within an agency as long as the
(C) Any public comment received in response change in name does not have a substantive
to the request made under subsection (2)(b)(G) HIIHFWRQWKHIXQFWLRQVRIWKHSURJUDPRIÀFH
of this section and the agency’s response to that or division;
FRPPHQW (c) Correcting spelling;
(D) Any statements provided by the agency (d) Correcting grammatical mistakes in a
XQGHUSDUDJUDSKGRIWKLVVXEVHFWLRQ manner that does not alter the scope, applica-
(4) Upon request of an interested person tion or meaning of the rule;
received before the earliest date that the rule (e) Correcting statutory or rule references;
could become effective after the giving of notice or
pursuant to subsection (1) of this section, the (f) Correcting addresses or telephone num-
agency shall postpone the date of its intended EHUVUHIHUUHGWRLQWKHUXOHV
action no less than 21 nor more than 90 days in
order to allow the requesting person an oppor- (8)(a) Any person may request in writing
tunity to submit data, views or arguments that an agency send to the person copies of the
FRQFHUQLQJWKHSURSRVHGDFWLRQ1RWKLQJLQ agency’s notices of intended action issued under
this subsection shall preclude an agency from VXEVHFWLRQRIWKLVVHFWLRQ7KHSHUVRQPXVW
adopting a temporary rule pursuant to subsec- provide an address where the person elects
WLRQRIWKLVVHFWLRQ WRUHFHLYHQRWLFHV7KHDGGUHVVSURYLGHGPD\
be a postal mailing address or, if the agency
(5) Notwithstanding subsections (1) to (4) of provides notice by electronic mail, may be an
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
WKDWLWÀQGVSUDFWLFDEOHLIWKHDJHQF\SUHSDUHV indicate that the person requests one of the
IROORZLQJ
D$VWDWHPHQWRILWVÀQGLQJVWKDWLWVIDLOXUH
to act promptly will result in serious prejudice (A) The person may request that the agency
to the public interest or the interest of the par- mail paper copies of the proposed rule and
WLHVFRQFHUQHGDQGWKHVSHFLÀFUHDVRQVIRULWV other information required by subsection (2)
ÀQGLQJVRISUHMXGLFH RIWKLVVHFWLRQWRWKHSRVWDOPDLOLQJDGGUHVV
(b) A citation of the statutory or other legal %,IWKHDJHQF\SRVWVQRWLFHVRILQWHQGHG
authority relied upon and bearing upon the action on a website, the person may request
promulgation of the rule; that the agency mail the information required
by subsection (2)(a) of this section to the postal
(c) A statement of the need for the rule and mailing address with a reference to the website
a statement of how the rule is intended to meet where electronic copies of the proposed rule
the need; and other information required by subsection
(d) A list of the principal documents, reports RIWKLVVHFWLRQDUHSRVWHG
or studies, if any, prepared by or relied upon (C) The person may request that the agency
by the agency in considering the need for and electronically mail the information required by
in preparing the rule, and a statement of the subsection (2)(a) of this section to the electronic
location at which those documents are avail- mailing address, and either provide electronic
able for public inspection; and copies of the proposed rule and other informa-
H)RUDQDJHQF\VSHFLÀHGLQ256 tion required by subsection (2) of this section
DKRXVLQJFRVWLPSDFWVWDWHPHQWDVGHÀQHGLQ or provide a reference to a website where elec-
256 tronic copies of the proposed rule and other
D$UXOHDGRSWHGDPHQGHGRUVXVSHQGHG information required by subsection (2) of this
under subsection (5) of this section is tempo- VHFWLRQDUHSRVWHG
rary and may be effective for a period of not (c) Upon receipt of any request under this
ORQJHUWKDQGD\V7KHDGRSWLRQRIDUXOH subsection, the agency shall acknowledge the
under this subsection does not preclude the request, establish a mailing list and maintain
subsequent adoption of an identical rule under a record of all mailings made pursuant to the
VXEVHFWLRQVWRRIWKLVVHFWLRQ UHTXHVW$JHQFLHVPD\HVWDEOLVKSURFHGXUHV
for establishing the mailing lists and keeping
provided notice of rights under the federal Ser- (2) Agencies may adopt rules of procedure
vicemembers Civil Relief Act to each party governing participation in contested case
WRDFRQWHVWHGFDVHXQGHU256LVQRW proceedings by persons appearing as limited
UHTXLUHGWRSURYLGHWKHVSHFLÀFLQIRUPDWLRQ SDUWLHV
GHVFULEHGLQ256SLQWKHQRWLFHVR (3)(a) Unless prohibited by law, informal dis-
long as the agency continues to provide notice position may be made of any contested case by
in the same manner as it was previously pro- stipulation, agreed settlement, consent order
YLGHG>F@ RUGHIDXOW,QIRUPDOVHWWOHPHQWPD\EHPDGH
183.415 Notice of right to hearing. (1) in license revocation proceedings by written
7KH/HJLVODWLYH$VVHPEO\ÀQGVWKDWSHUVRQV agreement of the parties and the agency con-
affected by actions taken by state agencies VHQWLQJWRDVXVSHQVLRQÀQHRURWKHUIRUPRI
have a right to be informed of their rights and LQWHUPHGLDWHVDQFWLRQ
UHPHGLHVZLWKUHVSHFWWRWKHDFWLRQV (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$QRUGHUXQGHUWKLVSDUDJUDSKLV
QRWVXEMHFWWR2567KHDJHQF\VKDOO
(a) A statement of the party’s right to hear- deliver or mail a copy of the order to each party
ing, with a description of the procedure and and to the attorney of record if the party is
time to request a hearing, or a statement of UHSUHVHQWHG$QRUGHUWKDWLQFRUSRUDWHVWKH
the time and place of the hearing; LQIRUPDOGLVSRVLWLRQLVDÀQDORUGHULQDFRQ-
(b) A statement of the authority and juris- WHVWHGFDVHEXWLVQRWVXEMHFWWRMXGLFLDOUHYLHZ
diction under which the hearing is to be held; A party may petition the agency to set aside
DÀQDORUGHUWKDWLQFRUSRUDWHVWKHLQIRUPDO
(c) A reference to the particular sections of disposition on the ground that the informal
the statutes and rules involved; GLVSRVLWLRQZDVREWDLQHGE\IUDXGRUGXUHVV
(d) A short and plain statement of the mat- (4) An order adverse to a party may be issued
ters asserted or charged; upon default only if a prima facie case is made
(e) A statement indicating whether and RQWKHUHFRUG7KHUHFRUGRQDGHIDXOWRUGHU
under what circumstances an order by default LQFOXGHVDOOPDWHULDOVVXEPLWWHGE\WKHSDUW\
may be entered; and The record on a default order may be made at
WKHWLPHRILVVXDQFHRIWKHRUGHU,IWKHUHFRUG
(f) A statement that active duty servicemem- on the default order consists solely of an appli-
bers have a right to stay proceedings under cation and other materials submitted by the
the federal Servicemembers Civil Relief Act SDUW\WKHDJHQF\VKDOOVRQRWHLQWKHRUGHU
and may contact the Oregon State Bar or the
Oregon Military Department for more informa- (5) At the commencement of a contested case
WLRQ7KHVWDWHPHQWPXVWLQFOXGHWKHWROOIUHH KHDULQJWKHRIÀFHUSUHVLGLQJDWWKHKHDULQJ
telephone numbers for the Oregon State Bar shall explain the issues involved in the hearing
and the Oregon Military Department and and the matters that the parties must either
WKH,QWHUQHWDGGUHVVIRUWKH8QLWHG6WDWHV SURYHRUGLVSURYH
Armed Forces Legal Assistance Legal Services 7HVWLPRQ\DWDFRQWHVWHGFDVHKHDULQJ
/RFDWRUZHEVLWH>FF VKDOOEHWDNHQXSRQRDWKRUDIÀUPDWLRQRIWKH
FFF ZLWQHVV7KHRIÀFHUSUHVLGLQJDWWKHKHDULQJ
FF VKDOO DGPLQLVWHU RDWKV RU DIÀUPDWLRQV WR
F@ ZLWQHVVHV
Note6HFWLRQFKDSWHU2UHJRQ 7KH RIÀFHU SUHVLGLQJ DW WKH KHDULQJ
/DZVSURYLGHV shall place on the record a statement of the
6HF$QDJHQF\WKDWSULRUWRWKHHIIHF- substance of any written or oral ex parte
WLYHGDWHRIWKLV$FW>6HSWHPEHU@ communication on a fact in issue made to the
provided notice of rights under the federal Ser- RIÀFHUGXULQJWKHSHQGHQF\RIWKHSURFHHGLQJ
vicemembers Civil Relief Act to each party and notify the parties of the communication
WRDFRQWHVWHGFDVHXQGHU256LVQRW DQGRIWKHLUULJKWWRUHEXWWKHFRPPXQLFDWLRQ
UHTXLUHGWRSURYLGHWKHVSHFLÀFLQIRUPDWLRQ ,IDQH[SDUWHFRPPXQLFDWLRQLVPDGHWRDQ
GHVFULEHGLQ256ILQWKHQRWLFHVR administrative law judge assigned from the
long as the agency continues to provide notice 2IÀFHRI$GPLQLVWUDWLYH+HDULQJVHVWDEOLVKHG
in the same manner as it was previously pro- XQGHU256WKHDGPLQLVWUDWLYHODZ
YLGHG>F@ MXGJHPXVWFRPSO\ZLWK256
183.417 Procedure in contested case 7KHRIÀFHUSUHVLGLQJDWWKHKHDULQJVKDOO
hearing. ,QDFRQWHVWHGFDVHSURFHHGLQJ ensure that the record developed at the hearing
the parties may elect to be represented by shows a full and fair inquiry into the facts nec-
counsel and to respond and present evidence essary for consideration of all issues properly
and argument on all issues properly before the EHIRUHWKHSUHVLGLQJRIÀFHULQWKHFDVHDQGWKH
SUHVLGLQJRIÀFHULQWKHSURFHHGLQJ FRUUHFWDSSOLFDWLRQRIWKHODZWRWKRVHIDFWV
(9) The record in a contested case shall
LQFOXGH
(a) All pleadings, motions and intermediate rules of the agency, such license shall not be
UXOLQJV deemed to expire, despite any stated expira-
E(YLGHQFHUHFHLYHGRUFRQVLGHUHG tion date thereon, until the agency concerned
has issued a formal order of grant or denial of
F6WLSXODWLRQV VXFKUHQHZDO,QFDVHDQDJHQF\SURSRVHVWR
G$VWDWHPHQWRIPDWWHUVRIÀFLDOO\QRWLFHG refuse to renew such license, upon demand of
the licensee, the agency must grant hearing
(e) Questions and offers of proof, objections as provided by this chapter before issuance
DQGUXOLQJVWKHUHRQ RIRUGHURIUHIXVDOWRUHQHZ7KLVVXEVHFWLRQ
(f) A statement of any ex parte communica- does not apply to any emergency or temporary
tion that must be disclosed under subsection SHUPLWRUOLFHQVH
(7) of this section and that was made to the ,QDQ\FDVHZKHUHWKHDJHQF\ÀQGVDVHUL-
RIÀFHUSUHVLGLQJDWWKHKHDULQJ ous danger to the public health or safety and
J3URSRVHGÀQGLQJVDQGH[FHSWLRQV VHWVIRUWKVSHFLÀFUHDVRQVIRUVXFKÀQGLQJV
the agency may suspend or refuse to renew
K$Q\SURSRVHGLQWHUPHGLDWHRUÀQDORUGHU a license without hearing, but if the licensee
prepared by the agency or an administrative demands a hearing within 90 days after the
ODZMXGJH date of notice to the licensee of such suspension
(10) A verbatim oral, written or mechanical or refusal to renew, then a hearing must be
record shall be made of all motions, rulings granted to the licensee as soon as practicable
and testimony in a contested case proceed- after such demand, and the agency shall issue
LQJ 7KH UHFRUG QHHG QRW EH WUDQVFULEHG an order pursuant to such hearing as required
unless requested for purposes of rehearing E\WKLVFKDSWHUFRQÀUPLQJDOWHULQJRUUHYRN-
RUFRXUWUHYLHZ7KHDJHQF\PD\FKDUJHWKH LQJLWVHDUOLHURUGHU6XFKDKHDULQJQHHGQRW
party requesting transcription the cost of a be held where the order of suspension or refusal
FRS\RIWUDQVFULSWLRQXQOHVVWKHSDUW\ÀOHV to renew is accompanied by or is pursuant to, a
DQDSSURSULDWHDIÀGDYLWRILQGLJHQF\8SRQ citation for violation which is subject to judicial
petition, a court having jurisdiction to review determination in any court of this state, and
XQGHU256PD\UHGXFHRUHOLPLQDWH the order by its terms will terminate in case
WKHFKDUJHXSRQÀQGLQJWKDWLWLVHTXLWDEOH RIÀQDOMXGJPHQWLQIDYRURIWKHOLFHQVHH>
to do so, or that matters of general interest FFF@
would be determined by review of the order of 183.435 Period allowed to request hear-
WKHDJHQF\>F@ ing for license refusal on grounds other
183.418>FF than test or inspection results. When an
FUHSHDOHGE\F@ agency refuses to issue a license required to
pursue any commercial activity, trade, occu-
183.420>FUHSHDOHGE\ pation or profession if the refusal is based on
F@ grounds other than the results of a test or
183.421>FUHSHDOHGE\ inspection that agency shall grant the person
F@ UHTXHVWLQJWKHOLFHQVHGD\VIURPQRWLÀFDWLRQ
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183.425 Depositions or subpoena of @
material witness; discovery. (1) On peti-
tion of any party to a contested case, or upon 183.440 Subpoenas in contested cases.
the agency’s own motion, the agency may order (1) An agency may issue subpoenas on its
that the testimony of any material witness may RZQPRWLRQLQDFRQWHVWHGFDVH,QDGGLWLRQ
be taken by deposition in the manner pre- DQDJHQF\RUKHDULQJRIÀFHULQDFRQWHVWHG
VFULEHGE\ODZIRUGHSRVLWLRQVLQFLYLODFWLRQV case may issue subpoenas upon the request
Depositions may also be taken by the use of of a party to a contested case upon a showing
DXGLRRUDXGLRYLVXDOUHFRUGLQJV7KHSHWLWLRQ of general relevance and reasonable scope of
shall set forth the name and address of the wit- WKHHYLGHQFHVRXJKW$SDUW\HQWLWOHGWRKDYH
ness whose testimony is desired, a showing of witnesses on behalf of the party may have
the materiality of the testimony of the witness, subpoenas issued by an attorney of record of
and a request for an order that the testimony of the party, subscribed by the signature of the
VXFKZLWQHVVEHWDNHQEHIRUHDQRIÀFHUQDPHG DWWRUQH\:LWQHVVHVDSSHDULQJSXUVXDQWWR
LQWKHSHWLWLRQIRUWKDWSXUSRVH,IWKHZLWQHVV VXESRHQDRWKHUWKDQWKHSDUWLHVRURIÀFHUV
resides in this state and is unwilling to appear, or employees of the agency, shall receive fees
the agency may issue a subpoena as provided and mileage as prescribed by law for witnesses
LQ256UHTXLULQJWKHDSSHDUDQFHRI LQ256
WKHZLWQHVVEHIRUHVXFKRIÀFHU ,IDQ\SHUVRQIDLOVWRFRPSO\ZLWKDQ\
(2) An agency may, by rule, prescribe other subpoena so issued or any party or witness
methods of discovery which may be used in refuses to testify on any matters on which the
SURFHHGLQJVEHIRUHWKHDJHQF\>F party or witness may be lawfully interrogated,
FFF@ the judge of the circuit court of any county,
RQWKHDSSOLFDWLRQRIWKHKHDULQJRIÀFHUWKH
183.430 Hearing on refusal to renew 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
183.485 Decision of court on review of part of the attorney fees from any allowance
contested case. (1) The court having jurisdic- WRDSHWLWLRQHULIWKHFRXUWÀQGVWKDWWKHVWDWH
tion for judicial review of contested cases shall agency has proved that its action was substan-
direct its decision, including its judgment, to WLDOO\MXVWLÀHGRUWKDWVSHFLDOFLUFXPVWDQFHV
the agency issuing the order being reviewed exist that make the allowance of all or part of
and may direct that its judgment be delivered WKHDWWRUQH\IHHVXQMXVW
to the circuit court for any county designated (2) The provisions of subsection (1) of this
by the prevailing party for entry in the circuit section apply to an administrative or judicial
FRXUW·VUHJLVWHU proceeding brought by a petitioner against a
(2) Upon receipt of the court’s decision, VWDWHDJHQF\DVGHÀQHGLQ256IRU
including the judgment, the clerk of the circuit D-XGLFLDOUHYLHZRIDÀQDORUGHUDVSUR-
court shall enter a judgment in the register YLGHGLQ256WR
of the court pursuant to the direction of the
FRXUWWRZKLFKWKHDSSHDOLVPDGH>F (b) Judicial review of a declaratory ruling
FFF SURYLGHGLQ256RU
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183.486 Form and scope of decision of RIDUXOHDVSURYLGHGLQ256
reviewing court. (1) The reviewing court’s (3) Amounts allowed under this section for
GHFLVLRQXQGHU256RUPD\ reasonable attorney fees and costs shall be
be mandatory, prohibitory, or declaratory in paid from funds available to the state agency
form, and it shall provide whatever relief is ZKRVHÀQDORUGHUGHFODUDWRU\UXOLQJRUUXOH
appropriate irrespective of the original form ZDVUHYLHZHGE\WKHFRXUW>F
RIWKHSHWLWLRQ7KHFRXUWPD\ F@
(a) Order agency action required by law, Note ZDV HQDFWHG LQWR ODZ E\
order agency exercise of discretion when the Legislative Assembly but was not added
required by law, set aside agency action, to or made a part of ORS chapter 183 or any
remand the case for further agency proceedings VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
or decide the rights, privileges, obligations, ace to Oregon Revised Statutes for further
requirements or procedures at issue between H[SODQDWLRQ
the parties; and
(b) Order such ancillary relief as the court (Appeals From Circuit Courts)
ÀQGVQHFHVVDU\WRUHGUHVVWKHHIIHFWVRIRIÀFLDO
DFWLRQZURQJIXOO\WDNHQRUZLWKKHOG 183.500 Appeals. Any party to the pro-
ceedings before the circuit court may appeal
,IWKHFRXUWVHWVDVLGHDJHQF\DFWLRQRU from the judgment of that court to the Court
remands the case to the agency for further pro- RI$SSHDOV6XFKDSSHDOVKDOOEHWDNHQLQWKH
ceedings, it may make such interlocutory order manner provided by law for appeals from the
DVWKHFRXUWÀQGVQHFHVVDU\WRSUHVHUYHWKH FLUFXLWFRXUWLQVXLWVLQHTXLW\>F
interests of any party and the public pending FF@
IXUWKHUSURFHHGLQJVRUDJHQF\DFWLRQ
8QOHVVWKHFRXUWÀQGVDJURXQGIRUVHW- (Alternative Dispute Resolution)
ting aside, modifying, remanding, or ordering 183.502 Authority of agencies to use
agency action or ancillary relief under a spec- alternative means of dispute resolution;
LÀHGSURYLVLRQRIWKLVVHFWLRQLWVKDOODIÀUP model rules; amendment of agreements
WKHDJHQF\DFWLRQ>F@ and forms; agency alternative dispute
183.490 Agency may be compelled to resolution programs. (1) Unless otherwise
act. The court may, upon petition as described prohibited by law, agencies may use alternative
LQ256FRPSHODQDJHQF\WRDFWZKHUH means of dispute resolution in rulemaking pro-
it has unlawfully refused to act or make a deci- ceedings, contested case proceedings, judicial
sion or unreasonably delayed taking action or proceedings in which the agency is a party, and
PDNLQJDGHFLVLRQ>FF any other decision-making process in which
@ FRQÁLFWVPD\DULVH7KHDOWHUQDWLYHPHDQVRI
dispute resolution may be arbitration, media-
183.495>FDUHSHDOHGE\ tion or any other collaborative problem-solving
F@ process designed to encourage parties to work
183.497 Awarding costs and attorney together to develop mutually agreeable solu-
IHHVZKHQÀQGLQJIRUSHWLWLRQHU,QD WLRQVWRGLVSXWHV8VHRIDOWHUQDWLYHPHDQVRI
judicial proceeding designated under subsec- dispute resolution by an agency does not affect
WLRQRIWKLVVHFWLRQWKHFRXUW WKHDSSOLFDWLRQRI256WRWR
WKHDJHQF\RUWKHDSSOLFDWLRQRI256
(a) May, in its discretion, allow a petitioner WRWRWKHDJHQF\
reasonable attorney fees and costs if the court
ÀQGVLQIDYRURIWKHSHWLWLRQHU (2) An agency that elects to utilize alter-
native means of dispute resolution shall
(b) Shall allow a petitioner reasonable attor- LQIRUPDQGPD\FRQVXOWZLWKWKH0DUN2
QH\IHHVDQGFRVWVLIWKHFRXUWÀQGVLQIDYRURI +DWÀHOG6FKRRORI*RYHUQPHQWWKH'HSDUW-
the petitioner and determines that the state ment of Justice and the Oregon Department of
agency acted without a reasonable basis in fact Administrative Services in developing a policy
or in law; but the court may withhold all or
or program for implementation of alternative (8) The purpose of the agency alternative
PHDQVRIGLVSXWHUHVROXWLRQ GLVSXWHUHVROXWLRQSURJUDPVLVWR
(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
RIDOWHUQDWLYHPHDQVRIGLVSXWHUHVROXWLRQ F'HFUHDVHWKHFRVWRIUHVROYLQJGLVSXWHV
An agency may adopt all or part of the model (9) An agency may use the services of an
rules by reference without complying with employee of another agency or of the federal
WKHUXOHPDNLQJSURFHGXUHVRI256 government to serve as a mediator or facilita-
WR1RWLFHRIWKHDGRSWLRQRIDOORUSDUW tor, and may provide the services of an agency
RIWKHPRGHOUXOHVPXVWEHÀOHGE\WKHDJHQF\ employee to another agency or to the federal
with the Secretary of State in the manner pro- government to serve as a mediator or facilita-
YLGHGE\256IRUWKHÀOLQJRIUXOHV WRU$QDJHQF\PD\HQWHULQWRDQDJUHHPHQW
(4) When an agency reviews the standard with another agency or with the federal govern-
agreements, forms for contracts and forms for ment to determine reimbursement for services
applying for grants or other assistance used by of an employee acting as a mediator or facili-
the agency, the agency shall determine whether WDWRUXQGHUWKHSURYLVLRQVRIWKLVVXEVHFWLRQ
the agreements and forms should be amended This subsection does not apply to mediation
to authorize and encourage the use of alterna- XQGHU256WR>F
tive means of dispute resolution in disputes FFF
that arise under the agreement, contract or FFF
DSSOLFDWLRQ DFF@
(5) The Department of Justice, the Mark NoteZDVDGGHGWRDQGPDGHDSDUW
2+DWÀHOG6FKRRORI*RYHUQPHQWWKH2UHJRQ of ORS chapter 183 by legislative action but
Department of Administrative Services and ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
the Governor shall collaborate to increase the See Preface to Oregon Revised Statutes for
use of alternative dispute resolution to resolve IXUWKHUH[SODQDWLRQ
GLVSXWHVLQYROYLQJWKH6WDWHRI2UHJRQE\ 183.510>FUHSHDOHGE\
(a) Assisting agencies to develop a policy for F@
alternative means of dispute resolution;
(Housing Cost Impact Statement)
(b) Assisting agencies to develop or expand
ÁH[LEOHDQGGLYHUVHDJHQF\SURJUDPVWKDWSUR- 183.530 Housing cost impact statement
vide alternative means of dispute resolution; required for certain proposed rules. A
and housing cost impact statement shall be pre-
F3URYLGLQJDVVLVWDQFHLQWKHHIÀFLHQWDQG pared upon the proposal for adoption or repeal
HIIHFWLYHVHOHFWLRQRIPHGLDWRUVRUIDFLOLWDWRUV of any rule or any amendment to an existing
UXOHE\
D 7KH 0DUN 2 +DWILHOG 6FKRRO RI
Government, the Oregon Department of (1) The Oregon Housing Stability Council;
Administrative Services and the Department (2) A building codes division of the Depart-
of Justice shall work cooperatively in designing ment of Consumer and Business Services or
WKHSURJUDPXQGHU256WKDWLVLQWHQGHG any board associated with the department with
to provide services to, apply to or involve any UHJDUGWRUXOHVDGRSWHGXQGHU256WR
VWDWHDJHQF\
E 7KH 0DUN 2 +DWILHOG 6FKRRO RI (3) The Land Conservation and Development
Government, the Oregon Department of Commission;
Administrative Services and the Department
of Justice shall enter into an interagency 7KH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQ
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
YLGHGWRVWDWHDJHQFLHVE\WKH0DUN2+DWÀHOG Division of the Department of Consumer and
6FKRRORI*RYHUQPHQWSXUVXDQWWR256 Business Services; or
(c) Before providing dispute resolution ser- 7KH6WDWH'HSDUWPHQWRI(QHUJ\>
YLFHVLQDVSHFLÀFPDWWHUWRDVWDWHDJHQF\ FF@
XQGHU256WKH0DUN2+DWÀHOG6FKRRO NoteWRZHUHDGGHGWRDQG
of Government shall notify the Department made a part of ORS chapter 183 by legislative
of Justice of any proposal to provide such action but were not added to any smaller series
VHUYLFHV WKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDW-
(7) Agencies with alternative dispute res- XWHVIRUIXUWKHUH[SODQDWLRQ
olution programs shall seek to identify cases 183.534 Housing cost impact state-
appropriate for mediation and other means of ment described; rules. (1) A housing cost
alternative dispute resolution and to design impact statement is an estimate of the effect
V\VWHPVDQGSURFHGXUHVWRUHVROYHWKRVHFDVHV of a proposed rule or ordinance on the cost
RIGHYHORSPHQWRIDVTXDUHIRRWSDUFHO
powers necessary and convenient to organize (2) Notwithstanding any other provision of
DQGPDQDJHWKHRIÀFH6XEMHFWWRWKH6WDWH state law, any agency that is required to use
Personnel Relations Law, the chief admin- administrative law judges assigned from the
istrative law judge shall employ all persons 2IÀFHRI$GPLQLVWUDWLYH+HDULQJVWRFRQGXFW
QHFHVVDU\IRUWKHDGPLQLVWUDWLRQRIWKHRIÀFH hearings must delegate responsibility for the
SUHVFULEHWKHGXWLHVRIWKRVHHPSOR\HHVDQGÀ[ conduct of the hearing to an administrative
WKHLUFRPSHQVDWLRQ7KHFKLHIDGPLQLVWUDWLYH ODZMXGJHDVVLJQHGIURPWKH2IÀFHRI$GPLQ-
ODZMXGJHVKDOOVHUYHIRUDWHUPRIIRXU\HDUV istrative Hearings, and the hearing may not
1RWZLWKVWDQGLQJ256WKH*RYHUQRU be conducted by the administrator, director,
may remove the chief administrative law judge board, commission or other person or body
RQO\IRUFDXVH FKDUJHGZLWKDGPLQLVWHULQJWKHDJHQF\
(2) The chief administrative law judge shall (3) Any agency may authorize an adminis-
HPSOR\DGPLQLVWUDWLYHODZMXGJHV7KHFKLHI trative law judge assigned to conduct a hearing
administrative law judge shall ensure that on behalf of the agency under this section to
administrative law judges employed for the HQWHUDÀQDORUGHUIRUWKHDJHQF\
RIÀFHUHFHLYHDOOWUDLQLQJQHFHVVDU\WRPHHWWKH (4) An agency that is not required to use
standards required under the program created administrative law judges assigned from the
XQGHU256 RIÀFHPD\FRQWUDFWZLWKWKHFKLHIDGPLQLV-
(3) The chief administrative law judge trative law judge for the assignment of an
shall take all actions necessary to protect and DGPLQLVWUDWLYHODZMXGJHIURPWKHRIÀFHIRUWKH
ensure the independence of each administra- purpose of conducting one or more contested
WLYHODZMXGJHDVVLJQHGIURPWKHRIÀFH> FDVHVRQEHKDOIRIWKHDJHQF\>F
FFF@ F@
183.615 Administrative law judges; 183.630 Model rules of procedure;
GXWLHVTXDOLÀFDWLRQVUXOHV(1) An admin- exemptions; depositions. ([FHSW DV
istrative law judge employed by or contracting provided in subsection (2) of this section,
with the chief administrative law judge shall all contested case hearings conducted by
conduct hearings on behalf of agencies as administrative law judges assigned from
DVVLJQHGE\WKHFKLHIDGPLQLVWUDWLYHODZMXGJH WKH2IÀFHRI$GPLQLVWUDWLYH+HDULQJVPXVW
An administrative law judge shall be impar- be conducted pursuant to the model rules of
tial in the performance of the administrative procedure prepared by the Attorney General
law judge’s duties and shall remain fair in XQGHU256LIWKHKHDULQJLVVXEMHFW
all hearings conducted by the administrative to the procedural requirements for contested
ODZMXGJH$QDGPLQLVWUDWLYHODZMXGJHVKDOO FDVHSURFHHGLQJV
develop the record in contested case proceed- (2) The Attorney General, after consulting
LQJVLQWKHPDQQHUSURYLGHGE\256 with the chief administrative law judge, may
exempt an agency or a category of cases from
(2) Only persons who have a knowledge the requirements of subsection (1) of this sec-
of administrative law and procedure may WLRQ7KHH[HPSWLRQPD\EHIURPDOORUSDUW
be employed by the chief administrative law of the model rules adopted by the Attorney
MXGJHDVDGPLQLVWUDWLYHODZMXGJHV7KHFKLHI *HQHUDO$Q\H[HPSWLRQJUDQWHGXQGHUWKLV
administrative law judge by rule may establish VXEVHFWLRQPXVWEHPDGHLQZULWLQJ
DGGLWLRQDOTXDOLÀFDWLRQVIRUDGPLQLVWUDWLYHODZ (3) The Attorney General shall consult with
MXGJHVHPSOR\HGIRUWKHRIÀFH>F an advisory group when adopting model rules
FF@ of procedure for the purpose of contested case
183.620 Contract administrative law hearings conducted by administrative law
judges. (1) The chief administrative law judge MXGJHVDVVLJQHGIURPWKH2IÀFHRI$GPLQLV-
IRUWKH2IÀFHRI$GPLQLVWUDWLYH+HDULQJVPD\ WUDWLYH+HDULQJV7KHDGYLVRU\JURXSVKDOO
contract for the services of persons to act as FRQVLVWRI
DGPLQLVWUDWLYHODZMXGJHV (a) The chief administrative law judge;
(2) Contract administrative law judges shall E$QRIÀFHURUHPSOR\HHRIDVWDWHDJHQF\
PHHWWKHVDPHTXDOLÀFDWLRQVDVDGPLQLVWUD- appointed by the Governor;
tive law judges regularly employed by the
chief administrative law judge and shall be (c) An attorney who practices administrative
paid at an hourly rate comparable to the per law, appointed by the Oregon State Bar;
KRXUFRVWRIVDODU\DQGEHQHÀWVIRUDGPLQLV- (d) A deputy or assistant attorney general
trative law judges regularly employed by the appointed by the Attorney General; and
chief administrative law judge and conducting
VLPLODUKHDULQJV>FF@ (e) A public member, appointed by the Gov-
HUQRUZKRLVQRWDQDWWRUQH\RUDQRIÀFHURU
183.625 Assignment of administra- HPSOR\HHRIDVWDWHDJHQF\
tive law judges; conduct of hearings. (1)
,QDVVLJQLQJDQDGPLQLVWUDWLYHODZMXGJHWR ([FHSWDVPD\EHH[SUHVVO\JUDQWHGE\
conduct hearings on behalf of an agency, the the agency to an administrative law judge
chief administrative law judge shall, whenever DVVLJQHGIURPWKHRIÀFHRUDVPD\EHH[SUHVVO\
practicable, assign an administrative law judge provided for by law, an administrative law
that has expertise in the legal issues or general judge conducting a hearing for an agency under
VXEMHFWPDWWHURIWKHSURFHHGLQJ 256WRPD\QRWDXWKRUL]HD
(b) Communications made to an administra- RSHUDWLRQV RI WKH 2IÀFH RI $GPLQLVWUDWLYH
tive law judge by any person employed by the Hearings;
RIÀFHWRDVVLVWWKHDGPLQLVWUDWLYHODZMXGJH (c) Make any recommendations for addi-
>FFF@ tional legislation governing the operations of
2IÀFHRI$GPLQLVWUDWLYH+HDU- WKH2IÀFHRI$GPLQLVWUDWLYH+HDULQJVDQG
ings Oversight Committee. 7KH2IÀFHRI (d) Conduct such other studies as necessary
Administrative Hearings Oversight Commit- WRDFFRPSOLVKWKHSXUSRVHVRIWKLVVXEVHFWLRQ
WHHLVFUHDWHG7KHFRPPLWWHHFRQVLVWVRIQLQH
PHPEHUVDVIROORZV 7KH (PSOR\PHQW 'HSDUWPHQW VKDOO
provide the committee with staff, subject to
(a) The President of the Senate and the DYDLODELOLW\RIIXQGLQJIRUWKDWSXUSRVH>
Speaker of the House of Representatives shall FFF
DSSRLQWIRXUOHJLVODWRUVWRWKHFRPPLWWHH7ZR F@
VKDOOEH6HQDWRUVDSSRLQWHGE\WKH3UHVLGHQW
Two shall be Representatives appointed by the
6SHDNHU PERMITS AND LICENSES
(b) The Governor shall appoint two members 183.700 Permits subject to ORS 183.702.
WRWKHFRPPLWWHH$WOHDVWRQHRIWKHPHPEHUV $VXVHGLQWKLVVHFWLRQDQG256
appointed by the Governor shall be an active ´SHUPLWµPHDQVDQLQGLYLGXDODQGSDUWLFX-
member of the Oregon State Bar with expe- ODUL]HGOLFHQVHSHUPLWFHUWLÀFDWHDSSURYDO
rience in representing parties who are not registration or similar form of permission
DJHQFLHVLQFRQWHVWHGFDVHKHDULQJV required by law to pursue any activity speci-
(c) The Attorney General shall appoint two ÀHGLQWKLVVHFWLRQIRUZKLFKDQDJHQF\PXVW
PHPEHUVWRWKHFRPPLWWHH ZHLJKLQIRUPDWLRQPDNHVSHFLÀFÀQGLQJVDQG
make determinations on a case-by-case basis
(d) The chief administrative law judge for IRUHDFKDSSOLFDQW
WKH2IÀFHRI$GPLQLVWUDWLYH+HDULQJVVKDOO
VHUYHDVDQH[RIÀFLRPHPEHURIWKHFRPPLWWHH (2) The requirements of this section and
The chief administrative law judge may cast 256DSSO\WRWKHIROORZLQJSHUPLWV
a vote on a matter before the committee if the JUDQWHGE\
votes of the other members are equally divided D 7KH 'HSDUWPHQW RI (QYLURQPHQ-
RQWKHPDWWHU WDO 4XDOLW\ XQGHU 256
(2) The term of a legislative member of
WKHFRPPLWWHHVKDOOEHWZR\HDUV,IDSHUVRQ WR
appointed by the President of the Senate or by $$%%
the Speaker of the House ceases to be a Senator %%DQG%
or Representative during the person’s term (b) The Department of State Lands under
on the committee, the person may continue 256 WR DQG WR
to serve as a member of the committee for the
balance of the member’s term on the commit-
WHH7KHWHUPRIDOORWKHUDSSRLQWHGPHPEHUV (c) The Water Resources Department under
VKDOOEHIRXU\HDUV$SSRLQWHGPHPEHUVRIWKH ORS chapters 537 and 540, except those per-
FRPPLWWHHPD\EHUHDSSRLQWHG,IDYDFDQF\ PLWVLVVXHGXQGHU256WR
occurs in one of the appointed positions for (d) The State Department of Agriculture
any reason during the term of membership, SXUVXDQWWR256%WR%DQG
WKHRIÀFLDOZKRDSSRLQWHGWKHPHPEHUWRWKH
vacated position shall appoint a new member to
VHUYHWKHUHPDLQGHURIWKHWHUP$QDSSRLQWHG (e) The State Department of Fish and
member of the committee may be removed from :LOGOLIHSXUVXDQWWR256
WKHFRPPLWWHHDWDQ\WLPHE\WKHRIÀFLDOZKR
DSSRLQWHGWKHPHPEHU
(3)(a) The members of the committee shall DQG
select from among themselves a chairperson
DQGDYLFHFKDLUSHUVRQ (f) The Department of Transportation pur-
VXDQWWR256>)RUPHUO\@
(b) The committee shall meet at such times
DQGSODFHVDVGHWHUPLQHGE\WKHFKDLUSHUVRQ NoteDQGZHUHHQDFWHG
into law by the Legislative Assembly but were
(4) Legislative members shall be entitled to not added to or made a part of ORS chapter 183
payment of per diem and expense reimburse- RUDQ\VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH
PHQWXQGHU256SD\DEOHIURPIXQGV Preface to Oregon Revised Statutes for further
DSSURSULDWHGWRWKH/HJLVODWLYH$VVHPEO\ H[SODQDWLRQ
7KHFRPPLWWHHVKDOO 183.702 Statement of criteria and proce-
D 6WXG\ WKH RSHUDWLRQV RI WKH 2IÀFH RI dures for evaluating permit application;
Administrative Hearings; documentation of decision on application;
required signature. (1) At the time a person
(b) Make any recommendations to the Gov- DSSOLHVIRUDSHUPLWVSHFLÀHGLQ256
ernor and the Legislative Assembly that the the issuing agency shall offer a document to
committee deems necessary to increase the WKDWDSSOLFDQWWKDWVSHFLÀHVWKHFULWHULDDQG
HIIHFWLYHQHVVIDLUQHVVDQGHIÀFLHQF\RIWKH SURFHGXUHVIRUHYDOXDWLQJDSHUPLWDSSOLFDWLRQ
that determination to the state agency pur- 183.724 Designation of interim com-
VXDQWWRWKHDJHQF\VKDOOHLWKHU mittees for purposes of considering rule
make a written response to the determination reports. (1) As soon as is practicable after the
or appear at the meeting of the interim com- end of each odd-numbered year regular legis-
mittee at which the committee will consider lative session, the Legislative Counsel shall
WKHGHWHUPLQDWLRQV7KHUHVSRQVHRIWKHVWDWH develop a list of state agencies with areas of
agency shall indicate if the agency intends to responsibility that are primarily within the
repeal, amend or take other action with respect subject-matter jurisdiction of interim com-
WRWKHUXOH PLWWHHV RI WKH /HJLVODWLYH $VVHPEO\ 7KH
(b) The interim committee shall consider the Legislative Counsel shall assign all state
Legislative Counsel determination described DJHQFLHVWRDWOHDVWRQHLQWHULPFRPPLWWHH
in paragraph (a) of this subsection and any The Legislative Counsel may modify the list
VWDWHDJHQF\UHVSRQVHWRWKHGHWHUPLQDWLRQ WRUHÁHFWFKDQJHVLQLQWHULPFRPPLWWHHV7KH
,IWKHLQWHULPFRPPLWWHHDGRSWVWKH/HJLVOD- Legislative Counsel shall distribute the list to
tive Counsel determination, the Legislative all state agencies whenever the list is devel-
Counsel shall post the determination on the RSHGRUPRGLÀHG
/HJLVODWLYH&RXQVHOZHEVLWH$GRSWHGGHWHUPL- ,IDQLQWHULPFRPPLWWHHRIRQHKRXVH
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
WKHZHEVLWHXQWLOWKHHDUOLHURIWKHGDWHWKDW committee of the other house, the Legislative
$7KHUXOHLVPRGLÀHGDQGWKH/HJLVODWLYH Counsel may assign a state agency to either
&RXQVHOGHWHUPLQHVWKDWWKHPRGLÀHGUXOHLV FRPPLWWHHRUWRERWKFRPPLWWHHV7KH/HJ-
within the intent and scope of the enabling islative Counsel shall strive to assign state
legislation; agencies so as to ensure that the rule review
workload is approximately equally distributed
%$FRXUWPDNHVDÀQDOGHWHUPLQDWLRQWKDW between the interim committees of both houses
the rule is within the intent and scope of the RIWKH/HJLVODWLYH$VVHPEO\
enabling legislation and is otherwise constitu-
tional, all appeals of the court’s determination 7KHFRQVLGHUDWLRQRIWKHZULWWHQÀQG-
DUHH[KDXVWHGDQGWKHVWDWHDJHQF\QRWLÀHVWKH ings prepared by the Legislative Counsel on
Legislative Counsel of the determination; or a rule by any one interim committee of either
KRXVHRIWKH/HJLVODWLYH$VVHPEO\VDWLVÀHVWKH
&7KH/HJLVODWLYH$VVHPEO\PRGLÀHVWKH UHTXLUHPHQWVRI256WR>
enabling legislation so as to bring the rule FF@
within the intent and scope of the enabling
legislation, any other constitutional defect in Note6HHQRWHXQGHU
WKHUXOHLVFXUHGDQGWKHVWDWHDJHQF\QRWLÀHV 183.725 Other authorized rule review
WKH/HJLVODWLYH&RXQVHORIWKHPRGLÀFDWLRQRU by Legislative Counsel Committee. The
FXUH Legislative Counsel Committee, at any time,
,IWKH/HJLVODWLYH&RXQVHOGHWHUPLQHV may review any proposed or adopted rule of a
XQGHU 256 WKDW D SURSRVHG RU state agency, and may report its recommen-
adopted rule is not within the intent and scope GDWLRQVLQUHVSHFWWRWKHUXOHWRWKHDJHQF\
of the enabling legislation purporting to autho- >)RUPHUO\FF
rize the rule’s adoption, or that the rule is not FF@
constitutional, and the interim committee is Note6HHQRWHXQGHU
QRWVDWLVÀHGZLWKWKHUHVSRQVHWRWKRVHLVVXHV
made by the state agency, the committee may
request that one or more representatives of CIVIL PENALTIES
the agency appear at a subsequent meeting 183.745 Civil penalty procedures;
of the committee along with a representative notice; hearing; judicial review; exemp-
of the Oregon Department of Administrative tions; recording; enforcement. ([FHSW
Services for the purpose of further explaining as otherwise provided by law, an agency may
WKHSRVLWLRQRIWKHDJHQF\ only impose a civil penalty as provided in this
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subsection (2) of this section to appear at a (2) A civil penalty imposed under this sec-
subsequent meeting of the interim commit- tion shall become due and payable 10 days after
tee along with a representative of the Oregon the order imposing the civil penalty becomes
Department of Administrative Services, the ÀQDOE\RSHUDWLRQRIODZRURQDSSHDO$SHUVRQ
agency shall promptly notify the department of against whom a civil penalty is to be imposed
WKHUHTXHVW7KHQRWLÀFDWLRQWRWKHGHSDUWPHQW shall be served with a notice in the form pro-
must be in writing, and must include a copy YLGHGLQ2566HUYLFHRIWKHQRWLFH
of the determinations made by the Legislative shall be accomplished in the manner provided
Counsel and a copy of any written response E\256
made by the state agency to the determina-
WLRQV>FFF (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
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rule provide for a longer period of time in which
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application for a hearing is made within the under this section, whether by stipulation,
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RUGHU LPSRVLQJ WKH SHQDOW\ $ ÀQDO RUGHU PD\EHPDGHDWDQ\WLPH
entered under this subsection need not be ,QDGGLWLRQWRDQ\RWKHUUHPHG\SUR-
delivered or mailed to the person against whom vided by law, recording an order in the County
WKHFLYLOSHQDOW\LVLPSRVHG Clerk Lien Record pursuant to the provisions
(4) Any person who makes application as of this section has the effect provided for in
provided for in subsection (3) of this section 256DQGDQGWKHRUGHUPD\
VKDOOEHHQWLWOHGWRDKHDULQJ7KHKHDULQJ EHHQIRUFHGDVSURYLGHGLQ256DQG
shall be conducted as a contested case hearing
pursuant to the applicable provisions of ORS $VXVHGLQWKLVVHFWLRQ
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(5) Judicial review of an order made after
a hearing under subsection (4) of this section
VKDOOEHDVSURYLGHGLQ256WR E ´&LYLO SHQDOW\µ LQFOXGHV RQO\ WKRVH
IRUMXGLFLDOUHYLHZRIFRQWHVWHGFDVHV monetary penalties that are specifically
GHQRPLQDWHG DV FLYLO SHQDOWLHV E\ VWDWXWH
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of law or on appeal, and the amount of pen- Note ZDV HQDFWHG LQWR ODZ E\
alty is not paid within 10 days after the order the Legislative Assembly but was not added
EHFRPHVÀQDOWKHRUGHUPD\EHUHFRUGHGZLWK to or made a part of ORS chapter 183 or any
WKHFRXQW\FOHUNLQDQ\FRXQW\RIWKLVVWDWH7KH VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
clerk shall thereupon record the name of the ace to Oregon Revised Statutes for further
person incurring the penalty and the amount H[SODQDWLRQ
RIWKHSHQDOW\LQWKH&RXQW\&OHUN/LHQ5HFRUG
7KLVVHFWLRQGRHVQRWDSSO\WRSHQDOWLHV READABILITY OF PUBLIC WRITINGS
D,PSRVHGXQGHUWKHWD[ODZVRIWKLVVWDWH 183.750 State agency required to pre-
E,PSRVHGXQGHUWKHSURYLVLRQVRI256 pare public writings in readable form.
RU (YHU\VWDWHDJHQF\VKDOOSUHSDUHLWVSXEOLF
writings in language that is as clear and
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(8) This section creates no new authority in
DQ\DJHQF\WRLPSRVHFLYLOSHQDOWLHV E´6WDWHDJHQF\µPHDQVDQ\RIÀFHUERDUG
commission, department, division or institu-
7KLVVHFWLRQGRHVQRWDIIHFW tion in the executive or administrative branch
(a) Any right under any other law that an RIVWDWHJRYHUQPHQW>)RUPHUO\@
agency may have to bring an action in a court Note ZDV HQDFWHG LQWR ODZ E\
of this state to recover a civil penalty; or the Legislative Assembly but was not added
(b) The ability of an agency to collect a prop- to or made a part of ORS chapter 183 or any
erly imposed civil penalty under the provisions VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI-
RI256 ace to Oregon Revised Statutes for further
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(10) The notice provided for in subsection
(2) of this section may be made part of any _______________
other notice served by the agency under ORS
Chapter 319
(',7,21
MOTOR VEHICLE AND AIRCRAFT FUEL TAXES
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 withdrawal, other than by bulk transfer,
known, or hereafter invented, used or designed of motor vehicle fuel or aircraft fuel from
IRUQDYLJDWLRQRIRUÁLJKWLQWKHDLURSHUDWHG terminal storage facilities for sale, use or dis-
RUSURSHOOHGE\WKHXVHRIDLUFUDIWIXHO WULEXWLRQ´)LUVWVDOHXVHRUGLVWULEXWLRQRI
PRWRUYHKLFOHIXHORUDLUFUDIWIXHOµDOVRPHDQV
´$LUFUDIWIXHOµPHDQVDQ\JDVROLQHDQG WKHÀUVWVDOHXVHRUGLVWULEXWLRQRIPRWRUYHKL-
DQ\RWKHULQÁDPPDEOHRUFRPEXVWLEOHJDVRU cle fuel or aircraft fuel after import into this
liquid by whatever name such gasoline, gas state if the motor vehicle fuel or aircraft fuel
or liquid is known or sold, usable as fuel for is delivered other than to the terminal storage
the operation of aircraft, except gas or liquid, IDFLOLWLHVRIDOLFHQVHGGHDOHU
the chief use of which, as determined by the
Department of Transportation is for purposes ´+LJKZD\µPHDQVHYHU\ZD\WKRURXJK-
RWKHUWKDQWKHSURSXOVLRQRIDLUFUDIW fare and place, of whatever nature, open for
use of the public for the purpose of vehicular
´$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 gasoline, gas or liquid is known or sold, usable
ownership of motor vehicle fuel or aircraft fuel as fuel for the operation of motor vehicles,
contained in a terminal storage facility or any except gas or liquid, the chief use of which, as
physical movement of motor vehicle fuel or air- determined by the department, is for purposes
craft fuel between terminal storage facilities other than the propulsion of motor vehicles
E\SLSHOLQHRUPDULQHWUDQVSRUW 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 ´5HVWULFWHGODQGLQJDUHDµPHDQVDQ\
6WDWHRI2UHJRQEXW´GHDOHUµGRHVQRWLQFOXGH area of land or water, or both, which is used
any person who imports into this state motor or made available for the landing and takeoff
vehicle fuel in quantities of 500 gallons or less of aircraft, the use of which, except in case of
purchased from a supplier who is licensed as emergency, is provided from time to time by
DGHDOHUXQGHU256WRDQG WKHGHSDUWPHQW
who assumes liability for the payment of the
applicable license tax to this state; ´6HUYLFHVWDWLRQµPHDQVDQGLQFOXGHV
any place operated for the purpose of retailing
E3URGXFHVUHÀQHVPDQXIDFWXUHVRUFRP- 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;
´7HUPLQDOVWRUDJHIDFLOLW\µPHDQVDQ\
(c) Acquires in this state for sale, use or fuel storage facility that has marine or pipeline
distribution in this state motor vehicle fuels DFFHVV>$PHQGHGE\FF
or aircraft fuels with respect to which there FFF
has been no license tax previously incurred; FFF
or @
(d) Acquires title to or possession of motor 319.020 Monthly statement by dealer;
vehicle fuels or aircraft fuels in this state and license tax imposed; rules. (1) Subject to
H[SRUWVWKHSURGXFWRXWRIWKLVVWDWH 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 sale, use or distribution of motor vehicle fuel
ordinary meaning, the delivery of motor vehicle or aircraft fuel or withdrawal of motor vehicle
fuel or aircraft fuel by a dealer to any service fuel or aircraft fuel for sale, use or distribution
station or into any tank, storage facility or within areas in this state within which the
series of tanks or storage facilities connected state lacks the power to tax the sale, use or
by pipelines, from which motor vehicle fuel distribution of motor vehicle fuel or aircraft
or aircraft fuel is withdrawn directly for sale IXHOVKDOO
or for delivery into the fuel tanks of motor
(a) Not later than the 25th day of each (a) Not later than the 25th day of each
calendar month, render a statement to the calendar month, render a statement to the
Department of Transportation of all motor Department of Transportation of all motor
vehicle fuel or aircraft fuel sold, used, dis- vehicle fuel or aircraft fuel sold, used, dis-
tributed or so withdrawn by the dealer in the tributed or so withdrawn by the dealer in the
State of Oregon as well as all such fuel sold, State of Oregon as well as all such fuel sold,
used or distributed in this state by a purchaser used or distributed in this state by a purchaser
thereof upon which sale, use or distribution the thereof upon which sale, use or distribution the
dealer has assumed liability for the applica- dealer has assumed liability for the applica-
ble license tax during the preceding calendar ble license tax during the preceding calendar
PRQWK7KHGHDOHUVKDOOUHQGHUWKHVWDWHPHQW PRQWK7KHGHDOHUVKDOOUHQGHUWKHVWDWHPHQW
to the department in the manner provided by to the department in the manner provided by
WKHGHSDUWPHQWE\UXOH WKHGHSDUWPHQWE\UXOH
E([FHSWDVSURYLGHGLQ256SD\ E([FHSWDVSURYLGHGLQ256SD\
a license tax computed on the basis of 30 cents a license tax computed on the basis of 30 cents
SHUJDOORQRQWKHÀUVWVDOHXVHRUGLVWULEXWLRQ SHUJDOORQRQWKHÀUVWVDOHXVHRUGLVWULEXWLRQ
of such motor vehicle fuel or aircraft fuel so of such motor vehicle fuel or aircraft fuel so
sold, used, distributed or withdrawn as shown sold, used, distributed or withdrawn as shown
by such statement in the manner and within by such statement in the manner and within
WKHWLPHSURYLGHGLQ256WR WKHWLPHSURYLGHGLQ256WR
(2) When aircraft fuel is sold, used or dis- (2) When aircraft fuel is sold, used or dis-
tributed by a dealer, the license tax shall be tributed by a dealer, the license tax shall be
computed on the basis of 11 cents per gallon computed on the basis of nine cents per gallon
of fuel so sold, used or distributed, except that of fuel so sold, used or distributed, except that
when aircraft fuel usable in aircraft operated when aircraft fuel usable in aircraft operated
by turbine engines (turbo-prop or jet) is sold, by turbine engines (turbo-prop or jet) is sold,
used or distributed, the tax rate shall be three used or distributed, the tax rate shall be one
FHQWVSHUJDOORQ FHQWSHUJDOORQ
,QOLHXRIFODLPLQJUHIXQGRIWKHWD[ ,QOLHXRIFODLPLQJUHIXQGRIWKHWD[
paid on motor vehicle fuel consumed by such paid on motor vehicle fuel consumed by such
dealer in nonhighway use as provided in ORS dealer in nonhighway use as provided in ORS
DQGRURIDQ\SULRU DQGRURIDQ\SULRU
erroneous payment of license tax made to the erroneous payment of license tax made to the
state by such dealer, the dealer may show such state by such dealer, the dealer may show such
motor vehicle fuel as a credit or deduction on motor vehicle fuel as a credit or deduction on
WKHPRQWKO\VWDWHPHQWDQGSD\PHQWRIWD[ WKHPRQWKO\VWDWHPHQWDQGSD\PHQWRIWD[
(4) The license tax computed on the basis (4) The license tax computed on the basis
of the sale, use, distribution or withdrawal of the sale, use, distribution or withdrawal
of motor vehicle or aircraft fuel may not be of motor vehicle or aircraft fuel may not be
imposed wherever such tax is prohibited by imposed wherever such tax is prohibited by
the Constitution or laws of the United States the Constitution or laws of the United States
ZLWKUHVSHFWWRVXFKWD[>$PHQGHGE\ ZLWKUHVSHFWWRVXFKWD[
FFF Note6HFWLRQVDQGFKDSWHU2UHJRQ
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FFF distributed in the manner prescribed in this
FF@ VHFWLRQ
1RWH7KHDPHQGPHQWVWRE\VHFWLRQ (a) Any amount of tax on aircraft fuel usable
4, chapter 700, Oregon Laws 2015, apply to in aircraft operated by turbine engines that is
aircraft fuel sold, used or distributed on or computed on a basis in excess of one cent per
DIWHU-DQXDU\6HHVHFWLRQFKDSWHU gallon and any amount of tax on all other air-
2UHJRQ/DZV7KHWH[WWKDWDSSOLHV craft fuel that is computed on a basis in excess
to aircraft fuel sold, used or distributed on or RIQLQHFHQWVSHUJDOORQXQGHU256
after January 1, 2022, is set forth for the user’s (2); and
FRQYHQLHQFH (b) Any amount of tax on aircraft fuel usable
319.020. (1) Subject to subsections (2) to in aircraft operated by turbine engines in
(4) of this section, in addition to the taxes excess of one cent per gallon and any amount
otherwise provided for by law, every dealer of tax on all other aircraft fuel in excess of
engaging in the dealer’s own name, or in the nine cents per gallon, that is deducted before
QDPHRIRWKHUVLQWKHÀUVWVDOHXVHRUGLVWUL- WKHUHIXQGLQJRIWD[XQGHU256
bution of motor vehicle fuel or aircraft fuel or (2) Applications for distributions under this
withdrawal of motor vehicle fuel or aircraft section may not be approved unless the appli-
fuel for sale, use or distribution within areas cant demonstrates a commitment to contribute
in this state within which the state lacks the DWOHDVWÀYHSHUFHQWRIWKHFRVWVRIWKHSURMHFW
power to tax the sale, use or distribution of WRZKLFKWKHDSSOLFDWLRQUHODWHV7KH2UHJRQ
PRWRUYHKLFOHIXHORUDLUFUDIWIXHOVKDOO
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- 7ZHQW\ÀYH SHUFHQW RI WKH DPRXQWV
lish a review committee composed of one described in subsection (4)(b) of this section
member from each of the area commissions shall be distributed to state-owned airports
on transportation chartered by the Oregon IRUWKHSXUSRVHVRI
7UDQVSRUWDWLRQ&RPPLVVLRQ (a) Safety improvements recommended by
(b) The review committee shall meet as nec- the State Aviation Board and local community
essary to review applications for distributions DLUSRUWV
RIDPRXQWVSXUVXDQWWRWKLVVHFWLRQ7KHFUL- E,QIUDVWUXFWXUHSURMHFWVDWSXEOLFXVH
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(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 256DQGSDUDJUDSKERIWKLVVXE-
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 board considers necessary for a comprehensive
WRDYLDWLRQUHODWHGHFRQRPLFEHQHÀWVUHODWHGWR DQDO\VLVRIWKHLPSOHPHQWDWLRQRIWKLVVHFWLRQ
DLUSRUWV
(b) The reports described in paragraph (a)
(4)(a) Five percent of the amounts described RIWKLVVXEVHFWLRQVKDOOEHVXEPLWWHG
in subsection (1) of this section are appropri-
ated to the Oregon Department of Aviation (A) Not later than February 10 of each year
for the costs of the department and the State to the committees of the Legislative Assembly
$YLDWLRQ%RDUGLQDGPLQLVWHULQJWKLVVHFWLRQ related to air transportation; and
(b) The remaining 95 percent of the amounts (B) Not later than September 30 of each year
described in subsection (1) of this section shall to the interim committees of the Legislative
be distributed pursuant to subsections (5) to $VVHPEO\UHODWHGWRDLUWUDQVSRUWDWLRQ>
RIWKLVVHFWLRQ F@
(5)(a) Fifty percent of the amounts described 6HF 6HFWLRQ RI WKLV $FW LV
in subsection (4)(b) of this section shall be dis- UHSHDOHGRQ-DQXDU\
WULEXWHGIRUWKHIROORZLQJSXUSRVHV (2) Amounts described in section 7 (1) of this
(A) To assist airports in Oregon with match 2015 Act that are uncommitted on the date
requirements for Federal Aviation Administra- VSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQIRU
WLRQ$LUSRUW,PSURYHPHQW3URJUDPJUDQWV distributions made pursuant to section 7 (5) to
(7) of this 2015 Act may be expended as other
(B) To make grants for emergency prepared- DYLDWLRQIXHOWD[UHYHQXHVDUHH[SHQGHG>
ness and infrastructure projects, in accordance F@
with the Oregon Resilience Plan, including
grants for emergency management plan 319.025>FUHSHDOHGE\
development, seismic studies and emergency F@
JHQHUDWRUVDQGVLPLODUHTXLSPHQW 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, of dealer’s license. (YHU\SHUVRQEHIRUH
including, but not limited to, hangars, parking becoming a dealer in motor vehicle fuel in
IRUEXVLQHVVDLUFUDIWDQGUHODWHGIDFLOLWLHV this state, shall make an application to the
(iii) Airport development for local economic Department of Transportation for a license
EHQHÀWLQFOXGLQJEXWQRWOLPLWHGWRVLJQVDQG authorizing such person to engage in business
PDUNHWLQJ DVDGHDOHU
(b) Priority in distributing grants shall be (2) Applications for the license must be made
given to projects for which applicants demon- on forms prescribed, prepared and furnished
strate a commitment to contribute the greatest E\WKHGHSDUWPHQW
amounts toward the costs of the projects to (3) The applications shall be accompanied
ZKLFKWKHDSSOLFDWLRQVUHODWH 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
(b) The places of business and location of a business engaged in the sale or distribution
GLVWULEXWLQJVWDWLRQVRIWKHGHDOHULQ2UHJRQ of motor vehicle fuel;
(c) The name and address of the managing (h) Misrepresented or concealed a material
agent, the names and addresses of the several fact in obtaining a license or in the reinstate-
SHUVRQVFRQVWLWXWLQJWKHÀUPRUSDUWQHUVKLS ment thereof;
and, if a corporation, the corporate name under (i) Violated a statute or administrative rule
which it is authorized to transact business and regarding fuel taxation or distribution;
WKHQDPHVDQGDGGUHVVHVRILWVSULQFLSDORIÀ-
FHUVDQGUHJLVWHUHGDJHQW (j) Failed to cooperate with the department’s
LQYHVWLJDWLRQVE\
,IWKHGHDOHULVDQDVVRFLDWLRQRISHUVRQV
ÀUPSDUWQHUVKLSRUFRUSRUDWLRQRUJDQL]HG (A) Not furnishing requested documents;
under the laws of another state, territory or (B) Not furnishing when requested to do so
country, if it has not already done so, it must a full and complete written explanation of a
ÀUVWFRPSO\ZLWKWKHODZVRI2UHJRQUHODWLQJ matter under investigation by the department;
to the transaction of its appropriate business or
LQ2UHJRQ
(C) Not responding to a subpoena issued by
(5) The application for a motor vehicle fuel the department; or
GHDOHU·VOLFHQVHKDYLQJEHHQDFFHSWHGIRUÀOLQJ
DQGWKHERQGUHTXLUHGE\256KDYLQJ (k) Failed to comply with an order issued by
been accepted and approved, the department WKHGHSDUWPHQW
may issue to the dealer a license in such form ,QDGGLWLRQWRUHIXVDORIDOLFHQVHIRUUHD-
as the department may prescribe to transact VRQVVSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQ
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- See Preface to Oregon Revised Statutes for
ing employee of a nonindividual licensee whose IXUWKHUH[SODQDWLRQ
OLFHQVHZDVUHYRNHGXQGHU256
319.050 Performance bond; hearing. (1)
(d) Owes a debt to the state under ORS $WWKHWLPHRIÀOLQJWKHFHUWLÀFDWHDQGDSSOL-
WR cation for a dealer’s license, the Department of
(e) Had a license issued by a jurisdiction 7UDQVSRUWDWLRQVKDOOUHTXLUHWKHGHDOHUWRÀOH
other than Oregon to sell or buy untaxed motor with the department, in a form prepared by the
vehicle fuel that was revoked or canceled for department, a bond executed by the dealer as
cause, whether the license was held by the principal with a corporate surety authorized to
SHUVRQDVDQLQGLYLGXDORUDVDQRIÀFHUGLUHF- WUDQVDFWEXVLQHVVLQWKLVVWDWH7KHERQGVKDOO
tor, owner or managing employee or on behalf be payable to the State of Oregon conditioned
of a real party in interest; 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 ([FHSW DV SURYLGHG LQ 256
a business engaged in the sale or distribution DQGDERQGXQGHUVXEVHFWLRQ
of motor vehicle fuel; (1) of this section shall be in an amount that
is equivalent to twice the dealer’s estimated
(g) Had a civil judgment imposed for conduct monthly license tax, as determined by the
involving fraud, misrepresentation, conversion GHSDUWPHQWRUZKLFKHYHULVOHVV
RUGLVKRQHVW\DVDQLQGLYLGXDORUDVDQRIÀ-
cer, director, owner or managing employee of
(3) The department may reduce or increase (b) Had three or more checks or electronic
the required amount for a bond as provided in funds transfers to the department dishonored
256DQG for lack of funds or credit;
(4) A bond given in connection with ORS (c) Failed to maintain or make available
WR LV D FRQWLQXLQJ LQVWUX- a record of all purchases, receipts, sales and
ment and covers any and all periods of time distribution of motor vehicle fuel as required
LQFOXGLQJWKHÀUVWDQGDOOVXEVHTXHQWSHULRGV XQGHU256RU
for which a license may be granted in conse- (d) Had a motor vehicle fuel dealer license
TXHQFHRIWKHJLYLQJRIWKHERQG7KHOLDELOLW\ issued in this state or another jurisdiction
of the surety on the bond for the aggregate of UHYRNHG
all claims that arise under the bond may not
H[FHHGWKHDPRXQWRIWKHSHQDOW\RIWKHERQG (2) The department may waive an increase
No recoveries on any bond or any execution of in the bond amount under subsection (1) of
any new bond may invalidate any bond, but this section if the department determines that
the total recoveries under any one bond may the dealer did not intend to avoid payment of
QRWH[FHHGWKHDPRXQWRIWKHERQG license taxes when the dealer engaged in the
conduct described in subsection (1)(a), (b) or (c)
(5) A dealer required under this section to of this section or when the dealer engaged in
obtain a bond may demand by proper petition the conduct that led to the license revocation
a hearing on the necessity of the bond or the GHVFULEHGLQVXEVHFWLRQGRIWKLVVHFWLRQ,I
UHDVRQDEOHQHVVRIWKHDPRXQWUHTXLUHG7KH the department waives an increase in the bond
department shall grant the petition for a hear- amount, the bond shall remain at an amount
ing and shall hold the hearing within 10 days WKDWLV
DIWHUWKHGHPDQGIRUWKHKHDULQJ7KHGHFLVLRQ
RIWKHGHSDUWPHQWEHFRPHVÀQDOGD\VDIWHU D5HTXLUHGXQGHU256IRUDGHDOHU
VHUYLFHRIWKHRUGHURQWKHGHDOHU7KHKHDU- GHVFULEHGLQ256RU
ing is not subject to the requirements of ORS E5HTXLUHGXQGHU256
WR>$PHQGHGE\F
FF@ ,IWKHGHSDUWPHQWLQFUHDVHVWKHERQG
amount as provided in subsection (1) of this
319.051 Conditions for reduced bond section, the dealer may, after 24 months,
amount. (1) For a dealer described in subsec- request in writing that the department reduce
tion (2) of this section, the bond required by WKHERQGDPRXQW7KHGHSDUWPHQWVKDOOUHGXFH
the Department of Transportation under ORS the bond amount if the department determines
VKDOOEHLQDQDPRXQWWKDWLVHTXLY- that the dealer, in the 24 months prior to the
alent to twice the dealer’s estimated monthly GHDOHU·VZULWWHQUHTXHVW
license tax, as determined by the department,
RUZKLFKHYHULVOHVV (a) Filed timely reports and made timely
payments;
(2) The provisions of subsection (1) of this
section apply to a dealer who held a valid deal- (b) Had no checks or electronic funds trans-
er’s license on October 23, 1999, issued under fers to the department dishonored for lack of
256WRDQGZKRVLQFH2FWR- funds or credit;
EHUKDV (c) Maintained and made available a record
D1RWEHHQUHTXLUHGWRÀOHDERQGJUHDWHU of all purchases, receipts, sales and distribu-
than $100,000; and tion of motor vehicle fuel as required under
256DQG
(b) Performed, as determined by the depart-
PHQWWKHUHTXLUHPHQWVRI256WR (d) Did not have a motor vehicle fuel dealer
LQFOXGLQJWKHSD\PHQWRIDOOWD[HV license issued in this state or another jurisdic-
penalties and other obligations of the dealer WLRQUHYRNHG
DULVLQJRXWRI256WR> ,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH
F@ dealer met all of the requirements under sub-
NoteWRZHUHDGGHGWRDQG section (3) of this section, the department shall
PDGHDSDUWRIWRE\OHJLVOD- reduce the bond required of a dealer described
tive action but were not added to any smaller LQ256RUDGHDOHUGHVFULEHGLQ256
VHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ5HYLVHG WRDQDPRXQWWKDWLVHTXLYDOHQWWR
6WDWXWHVIRUIXUWKHUH[SODQDWLRQ twice the dealer’s estimated monthly license
tax, as determined by the department, or
319.052 Conditions for increased bond ZKLFKHYHULVOHVV
amount; request and conditions for
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
(5) The department shall waive the liability notifying licensed motor vehicle fuel dealers
of a selling dealer under subsection (3) of this DVUHTXLUHGXQGHU256DQG
section if the selling dealer establishes to the that a dealer’s license has been suspended,
VDWLVIDFWLRQRIWKHGHSDUWPHQWWKDW UHYRNHGRUUHLQVWDWHG7KHSRVVLEOHPHWKRGV
(a) The sale of the motor vehicle fuel to the may include, but need not be limited to, notice
suspended dealer was due to circumstances E\WHOHSKRQHHOHFWURQLFPDLORUUHJXODUPDLO
that were beyond the control of the selling >F@
dealer; or Note6HHQRWHXQGHU
(b) The dealer whose license was suspended 319.110 Cancellation of license on
engaged in fraud or deceit to avoid timely pay- request of dealer or when licensee no
PHQWRIWKHWD[WRWKHVHOOLQJGHDOHU 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 ,IWKHGHSDUWPHQWDVFHUWDLQVDQGÀQGV
GHWHUPLQHGXQGHU256DOOOLFHQVHG that the person to whom a license has been
motor vehicle fuel dealers that the dealer’s issued is no longer engaged in the business
license has been reinstated and that the dealer of a dealer, the department may cancel the
LVDXWKRUL]HGWRSXUFKDVHWD[GHIHUUHGIXHO license of such dealer upon investigation after
,IWKHGHSDUWPHQWGHWHUPLQHVWKDWD 30 days’ notice has been mailed to the last-
dealer whose license has been suspended NQRZQDGGUHVVRIWKHGHDOHU
under subsection (1) of this section is unwill- 319.120 Remedies cumulative. ([FHSW
ing or unable to comply with the provisions of DVRWKHUZLVHSURYLGHGLQ256DQG
256WRWKHGHSDUWPHQWVKDOO WKHUHPHGLHVRIWKHVWDWHSURYLGHG
revoke the license of the dealer as provided in LQ 256 DQG DUH
256>F@ FXPXODWLYH 1R DFWLRQ WDNHQ SXUVXDQW WR
NoteDQGZHUH those statutes shall relieve any person from
DGGHGWRDQGPDGHDSDUWRIWR WKHSHQDOSURYLVLRQVRI256WR
by legislative action but were not added to any DQG>$PHQGHGE\F
VPDOOHUVHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ F@
5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ 319.125 Change of ownership; cancella-
319.098 Contesting license suspension. tion of license. A licensed dealer who has a
A dealer whose license has been suspended change of ownership shall notify the Depart-
by the Department of Transportation under ment of Transportation immediately of the
256PD\FRQWHVWWKHVXVSHQVLRQDV FKDQJH8SRQQRWLÀFDWLRQWKHGHSDUWPHQW
SURYLGHGLQ256FKDSWHU>F@ shall immediately cancel the motor vehicle
IXHOGHDOHUOLFHQVHRIWKHGHDOHU1ROLFHQVH
Note6HHQRWHXQGHU may be issued to any successor of the dealer
319.100 Revocation of license. (1) The until the successor completes an application
Department of Transportation shall revoke the DQGFHUWLÀFDWHDQGVXSSOLHVWKHGHSDUWPHQW
license of any dealer whose license has been ZLWKDQDGHTXDWHERQG)RUSXUSRVHVRIWKLV
VXVSHQGHGXQGHU256DQGZKRWKH 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 ,QWKHFDVHRIDFRUSRUDWLRQZLWKRU
DGGUHVVLQWKHÀOHVRIWKHGHSDUWPHQWDQRWLFH fewer stockholders, transfer of less than 50
RILQWHQWLRQWRUHYRNHWKHGHDOHU·VOLFHQVH7KH percent of the stock in any period of 12 con-
notice shall give the reason for the revocation secutive months is not considered a change in
RIWKHOLFHQVH RZQHUVKLS>F@
(3) The license revocation becomes effective NoteZDVDGGHGWRDQGPDGHDSDUW
without further notice if within 10 days from RIWRE\OHJLVODWLYHDFWLRQEXW
the mailing of the notice the dealer has not ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
FRPSOLHGZLWKWKHSURYLVLRQVRI256 See Preface to Oregon Revised Statutes for
WR IXUWKHUH[SODQDWLRQ
(4) The department shall provide notice of 319.130>5HSHDOHGE\F@
the revocation of the license of a dealer under
this section to all other licensed motor vehicle 319.140>$PHQGHGE\F
fuel dealers by a method determined under FDFUHSHDOHGE\
256>FF@ F@
319.102 Notice to dealers of suspension 319.150>5HSHDOHGE\F@
or revocation of another dealer’s license; 319.160>$PHQGHGE\F
rules. The Department of Transportation shall F F F
HVWDEOLVKE\UXOHWKHPRVWHIÀFLHQWPHWKRGRI UHSHDOHGE\F@
319.170 >$PHQGHG E\ F may direct the sheriff for the county in which
UHSHDOHGE\F@ the warrant is recorded to levy upon and sell
319.180 Payment of tax; delinquency the real and personal property of the taxpayer
penalty; interest rates. (1) The license tax found within that county, and to levy upon any
LPSRVHG E\ 256 VKDOO EH SDLG RQ currency of the taxpayer found within that
or before the 25th day of each month to the county, for the application of the proceeds or
Department of Transportation which, upon FXUUHQF\DJDLQVWWKHDPRXQWUHÁHFWHGLQWKH
UHTXHVWVKDOOUHFHLSWWKHGHDOHUWKHUHIRU warrant and the sheriff’s cost of executing the
ZDUUDQW7KHVKHULIIVKDOOSURFHHGRQWKHZDU-
([FHSWDVSURYLGHGLQVXEVHFWLRQRI rant in the same manner prescribed by law for
this section, to any license tax not paid as executions issued against property pursuant to
required by subsection (1) of this section there a judgment, and is entitled to the same fees as
shall be added a penalty of one percent of such provided for executions issued against property
OLFHQVHWD[ SXUVXDQWWRDMXGJPHQW7KHIHHVRIWKHVKHULII
([FHSWDVSURYLGHGLQVXEVHFWLRQRI 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 ,QWKHGLVFUHWLRQRIWKHGHSDUWPHQWD
on or before the close of business on the last warrant under this section may be directed
day of the month in which the payment is due, to any agent authorized by the department to
a further penalty of 10 percent shall be paid collect taxes, and in the execution of the war-
in addition to the penalty provided for in sub- rant the agent has all of the powers conferred
VHFWLRQRIWKLVVHFWLRQ by law upon sheriffs, but is entitled to no fee
,IWKHGHSDUWPHQWGHWHUPLQHVWKDWWKH or compensation in excess of actual expenses
delinquency was due to reasonable cause and SDLGLQWKHSHUIRUPDQFHRIVXFKGXW\>
without any intent to avoid payment, the pen- FFF@
alties provided by subsections (2) and (3) of this NoteDQGZHUH
VHFWLRQPD\EHZDLYHG3HQDOWLHVLPSRVHGE\ DGGHGWRDQGPDGHDSDUWRIWR
this section shall not apply when the penalty by legislative action but were not added to any
SURYLGHGLQ256KDVEHHQDVVHVVHG VPDOOHUVHULHVWKHUHLQ6HH3UHIDFHWR2UHJRQ
DQGSDLG 5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
D,IWKHOLFHQVHWD[LPSRVHGE\256 319.184 Use of collection agency. (1) The
LVQRWSDLGDVUHTXLUHGE\VXEVHFWLRQ Department of Transportation may engage
(1) of this section, interest shall be charged at the services of a collection agency to collect
WKHUDWHRISHUFHQWSHUGD\XQWLOWKHWD[ any of the taxes, interest and penalties due
DQGLQWHUHVWKDYHEHHQSDLGLQIXOO WRWKHVWDWHXQGHU256WR
E ,I WKH OLFHQVH WD[ LPSRVHG E\ 256 The department may engage the services by
LVRYHUSDLGWKHGHSDUWPHQWPD\FUHGLW entering into agreements to pay reasonable
interest to the account of the taxpayer in the FKDUJHVRQDFRQWLQJHQWIHHRURWKHUEDVLV
DPRXQWRISHUFHQWSHUGD\XSWRDPD[L- (2) The department may assign to the collec-
mum amount that equals any interest assessed tion agency, for collection purposes only, any of
against the taxpayer under paragraph (a) of the taxes, interest and penalties due the state
WKLVVXEVHFWLRQLQDQ\JLYHQDXGLWSHULRG XQGHU256WR
1RGHDOHUZKRLQFXUVDWD[OLDELOLW\DV (3) The collection agency may bring such
SURYLGHGIRULQ256WRVKDOO actions or take such proceedings, including
knowingly and willfully fail to report and pay attachment and garnishment proceedings, as
the same to the department as required by PD\EHQHFHVVDU\>F@
256WR>$PHQGHGE\
FFF Note6HHQRWHXQGHU
FFF 319.186 Uncollectible tax, interest or
FFF@ penalty. (1) Any tax, interest or penalty due
319.182 Collection of delinquent tax, the state assigned to a collection agency pursu-
interest or penalty; warrant; judgment 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$FRS\RI VXEVHFWLRQRIWKLVVHFWLRQ>F
the warrant shall be mailed or delivered to the F@
taxpayer by the department at the taxpayer’s Note6HHQRWHXQGHU
ODVWNQRZQDGGUHVV
319.190 Monthly statement of dealer;
(2) At any time after issuing a warrant penalty; rules. (YHU\GHDOHULQPRWRU
under this section, the department may record vehicle fuel shall render to the Department
the warrant in the County Clerk Lien Record of of Transportation, on or before the 25th day
DQ\FRXQW\RIWKLVVWDWH5HFRUGLQJRIWKHZDU- of each month, on forms prescribed, prepared
UDQWKDVWKHHIIHFWGHVFULEHGLQ256 and furnished by the department, and in the
After recording a warrant, the department manner provided by the department by rule,
a signed statement of the number of gallons 319.200 Assessing tax and penalty
of motor vehicle fuel sold, distributed or used where dealer fails to report. ,IDQ\GHDOHU
by the dealer during the preceding calendar H[FHSWRQHVXEMHFWWR256IDLOVWR
PRQWK7KHVWDWHPHQWVKDOOEHVLJQHGE\RQHRI ÀOHWKHUHSRUWUHTXLUHGE\256WKH
WKHSULQFLSDORIÀFHUVRUE\DQDXWKRUL]HGDJHQW Department of Transportation shall proceed
in case of a corporation; or by the managing forthwith to determine from the best avail-
DJHQWRURZQHULQFDVHRIDÀUPRUDVVRFLDWLRQ able source the amount of motor vehicle fuel
7KH VLJQHG VWDWHPHQW ÀOHG ZLWK WKH sold, distributed or used by such dealer for the
department as required by this section is a period unreported, and such determination
SXEOLFUHFRUG$OORWKHUGRFXPHQWVLQFOXGLQJ shall be prima facie evidence of the amount of
supporting schedules and information received VXFKIXHOVROGGLVWULEXWHGRUXVHG7KHGHSDUW-
from other taxing jurisdictions and entities, ment immediately shall assess the license tax
VKDOOEHNHSWFRQÀGHQWLDODQGH[HPSWIURP in the amount so determined, adding thereto
public inspection except that such information DSHQDOW\RISHUFHQWIRUIDLOXUHWRUHSRUW
may be shared with tax collecting entities in The penalty shall be cumulative of other pen-
other jurisdictions on the condition that the DOWLHVSURYLGHGLQ256WRDQG
receiving jurisdiction agrees to keep such ,QDQ\VXLWEURXJKWWRHQIRUFHWKH
LQIRUPDWLRQ FRQÀGHQWLDO ,I D VWDWHPHQW LV rights of the state under this section, the cer-
not received on or before the 25th day of each WLÀFDWHRIWKHGHSDUWPHQWVKRZLQJWKHDPRXQW
month, a penalty shall be assessed pursuant to of taxes, penalties, interest and costs unpaid
256RULIWKHGHSDUWPHQWGHWHUPLQHV by any dealer and that the same are due and
that no tax is due, a penalty of $25 shall be unpaid to the state is prima facie evidence of
DVVHVVHG>$PHQGHGE\F WKHIDFWVDVVKRZQ>$PHQGHGE\F
FFF@ F@
319.192 Refund to dealer of uncollect- 319.210 Billing purchasers. Bills shall
ible taxes; rules. (1) Upon application to the be rendered to all purchasers of motor vehicle
Department of Transportation, a motor vehicle IXHOE\GHDOHUVLQPRWRUYHKLFOHIXHO7KHELOOV
fuel dealer may obtain a refund of the tax paid shall separately state and describe to the sat-
to the department on sales of motor vehicle fuel isfaction of the Department of Transportation
LI the different products shipped thereunder and
shall be serially numbered except where other
(a) The dealer has received less than full sales invoice controls acceptable to the depart-
consideration for the fuel from or on behalf of PHQWDUHPDLQWDLQHG>$PHQGHGE\F
a purchaser; F@
(b) The account has been declared by the 319.220 Receipt, payment or sale of
dealer to be an uncollectible account receiv- motor vehicle fuel without invoice or
able and meets all applicable standards for delivery tag prohibited. No person shall
deductibility for federal income tax purposes receive and accept any shipment of motor vehi-
SXUVXDQWWRWKH,QWHUQDO5HYHQXH&RGHDQG cle fuel from any dealer, or pay for the same,
(c) The dealer has not previously received a or sell or offer the shipment for sale, unless
refund from the department for motor vehicle the shipment is accompanied by an invoice
IXHOWD[HVQRWSDLGE\WKHVDPHSXUFKDVHU or delivery tag showing the date upon which
shipment was delivered and the name of the
(2) For purposes of determining the amount GHDOHULQPRWRUYHKLFOHIXHO>$PHQGHGE\
of a refund due under this section, the amount FF@
of consideration received by the motor vehicle
fuel dealer shall be apportioned between the 319.230 Transporting motor vehicle
charges for the motor vehicle fuel and the tax fuel in bulk. (YHU\SHUVRQRSHUDWLQJDQ\
IRUWKHIXHO7KHDPRXQWRIWKHWD[UHIXQGHG conveyance for the purpose of hauling, trans-
may not exceed the amount of tax paid under porting or delivering motor vehicle fuel in bulk
256 shall, before entering upon the public highways
of this state with such conveyance, have and
,I WKH PRWRU YHKLFOH IXHO GHDOHU ZKR possess during the entire time of hauling or
receives a refund under this section subse- transporting such motor vehicle fuel an invoice,
quently collects any amount from any source bill of sale or other written statement show-
for the account declared uncollectible, the ing the number of gallons, the true name and
amount collected shall be apportioned between address of the seller or consignor, and the true
the charges for the motor vehicle fuel and the name and address of the buyer or consignee,
FRUUHVSRQGLQJWD[IRUWKHIXHO7KHPRWRUYHKL- LIDQ\RIWKHVDPH7KHSHUVRQKDXOLQJVXFK
cle fuel tax collected shall be returned to the motor vehicle fuel shall at the request of any
GHSDUWPHQW sheriff, deputy sheriff, constable, state police
(4) The department shall adopt rules govern- RURWKHURIÀFHUDXWKRUL]HGE\ODZWRLQTXLUH
ing the process of applying for and receiving into or investigate such matters, produce and
UHIXQGVXQGHUWKLVVHFWLRQ>F@ offer for inspection the invoice, bill of sale or
RWKHUVWDWHPHQW>$PHQGHGE\F@
NoteZDVDGGHGWRDQGPDGHDSDUW
RIWRE\OHJLVODWLYHDFWLRQEXW 319.240 Exemption of export fuel. (1)
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ 7KHOLFHQVHWD[LPSRVHGE\256PD\
See Preface to Oregon Revised Statutes for not be imposed on motor vehicle fuel that is
IXUWKHUH[SODQDWLRQ H[SRUWHGE\DGHDOHU
over such roads, thoroughfares or property as within the State of Oregon directly to a point
compared to the total number of miles traveled QRWZLWKLQDQ\VWDWHRIWKH8QLWHG6WDWHV7KH
E\VXFKYHKLFOH7REHHOLJLEOHWRFODLPVXFK amount so deducted shall be paid on warrant of
refund the person or agency, as the case may the Oregon Department of Administrative Ser-
EHVKDOOÀUVWHVWDEOLVKDQGPDLQWDLQDFRP- vices to the State Treasurer, who shall credit
plete record of the operations, miles traveled, the amount to the State Aviation Account for
gallons of fuel used and other information, in the purpose of carrying out the provisions of
such form and in such detail as the depart- WKHVWDWHDYLDWLRQODZ0RQH\VFUHGLWHGWRWKH
ment may prescribe and require, the source account under this section are continuously
of supply of all fuels purchased or used, and appropriated to the Oregon Department of
the particular vehicles or equipment in which $YLDWLRQ
XVHG:KHQHYHUDQ\VXFKFODLPLVUHFHLYHGDQG ,IVDWLVIDFWRU\HYLGHQFHLVSUHVHQWHGWR
approved by the department, it shall cause the the Department of Transportation showing
refund of tax to be paid to the claimant in like that aircraft fuel upon which the tax has been
manner as provided for paying of other refund paid has been purchased and used solely in
FODLPV aircraft operations from a point within the
(3) A farmer who has paid any tax on motor State of Oregon directly to a point not within
vehicle fuels levied or directed to be paid, as any state of the United States, the department
SURYLGHGLQ256WRLVHQWLWOHG VKDOOUHIXQGWKHWD[SDLG>$PHQGHGE\
to claim a refund of the tax paid on such fuels FFF
used in farming operations in the operation of FFF
any motor vehicle on any road, thoroughfare or F@
SURSHUW\LQSULYDWHRZQHUVKLS7REHHOLJLEOHWR Note7KHDPHQGPHQWVWRE\VHF-
claim such refund a farmer shall maintain in tion 5, chapter 700, Oregon Laws 2015, apply
such form and in such detail as the department to fuel purchased and used in operating air-
may prescribe and require, a record, supported FUDIWHQJLQHVRQRUDIWHU-DQXDU\6HH
by purchase invoices, of all such motor vehicle VHFWLRQFKDSWHU2UHJRQ/DZV7KH
fuel purchased (including fuel purchased to text that applies to fuel purchased and used in
operate any motor vehicle on the highway) and, operating aircraft engines on or after January
for each and every motor vehicle operated on LVVHWIRUWKIRUWKHXVHU·VFRQYHQLHQFH
the highway, a record of all fuel used and of
DOOPLOHVWUDYHOHGRQWKHKLJKZD\:KHQHYHU 319.330. (1) Whenever any statement and
any such claim is received and approved by invoices are presented to the Department of
the department, it shall cause the refund of Transportation showing that motor vehicle fuel
tax to be paid to the claimant in like manner or aircraft fuel has been purchased and used in
DVSURYLGHGIRUSD\LQJRIRWKHUUHIXQGFODLPV operating aircraft engines and upon which the
full tax for motor vehicle fuel has been paid,
(4) As used in subsections (2) and (3) of this the department shall refund the tax paid, but
VHFWLRQ´IDUPHUµLQFOXGHVDQ\SHUVRQZKR only after deducting from the tax paid nine
manages or conducts a farm for the produc- cents for each gallon of such fuel so purchased
tion of livestock or crops but does not include and used, except that when such fuel is used in
a person who manages or conducts a farm for operating aircraft turbine engines (turbo-prop
WKHSURGXFWLRQRIIRUHVWSURGXFWVDVGHÀQHG or jet) the deduction shall be one cent for each
LQ256RUWKHSURGXFWVRIVXFKIRUHVW JDOORQ1RGHGXFWLRQSURYLGHGXQGHUWKLVVXE-
products converted to a form other than logs at section shall be made on claims presented by
or near the harvesting site, or of forest trees the United States or on claims presented where
unless the production of such forest products a satisfactory showing has been made to the
or forest trees is only incidental to the primary department that such aircraft fuel has been
SXUSRVHRIWKHIDUPLQJRSHUDWLRQ>$PHQGHG used solely in aircraft operations from a point
E\FFF within the State of Oregon directly to a point
FF@ QRWZLWKLQDQ\VWDWHRIWKH8QLWHG6WDWHV7KH
319.330 Refunds to purchasers of fuel amount so deducted shall be paid on warrant of
for aircraft. (1) Whenever any statement and the Oregon Department of Administrative Ser-
invoices are presented to the Department of vices to the State Treasurer, who shall credit
Transportation showing that motor vehicle fuel the amount to the State Aviation Account for
or aircraft fuel has been purchased and used in the purpose of carrying out the provisions of
operating aircraft engines and upon which the WKHVWDWHDYLDWLRQODZ0RQH\VFUHGLWHGWRWKH
full tax for motor vehicle fuel has been paid, account under this section are continuously
the department shall refund the tax paid, but appropriated to the Oregon Department of
only after deducting from the tax paid 11 cents $YLDWLRQ
for each gallon of such fuel so purchased and ,IVDWLVIDFWRU\HYLGHQFHLVSUHVHQWHGWR
used, except that when such fuel is used in the Department of Transportation showing
operating aircraft turbine engines (turbo-prop that aircraft fuel upon which the tax has been
or jet) the deduction shall be three cents for paid has been purchased and used solely in
HDFKJDOORQ1RGHGXFWLRQSURYLGHGXQGHUWKLV aircraft operations from a point within the
subsection shall be made on claims presented State of Oregon directly to a point not within
by the United States or on claims presented any state of the United States, the department
where a satisfactory showing has been made to VKDOOUHIXQGWKHWD[SDLG
the department that such aircraft fuel has been
used solely in aircraft operations from a point
319.340 >$PHQGHG E\ F lands, other than for motor vehicle fuel used
UHSHDOHGE\F@ on state highways, county roads or city streets
319.350 >$PHQGHG E\ F VXSSRUWHGE\WKH6WDWH+LJKZD\)XQG>
UHSHDOHGE\F@ F@
319.360 >$PHQGHG E\ F NoteZDVDGGHGWRDQGPDGHDSDUW
UHSHDOHGE\F@ RIWRE\OHJLVODWLYHDFWLRQEXW
ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
319.370 Examinations and investiga- See Preface to Oregon Revised Statutes for
tions; correcting reports and payments. IXUWKHUH[SODQDWLRQ
The Department of Transportation, or its duly
authorized agents, may make any examination 319.390 Records to be kept by dealers;
of the accounts, records, stocks, facilities and inspection of records. (YHU\GHDOHULQPRWRU
equipment of dealers, brokers, service stations vehicle fuel shall keep a record in such form
and other persons engaged in storing, selling or as may be prescribed by the Department of
distributing motor vehicle fuel or other petro- Transportation of all purchases, receipts, sales
leum product or products within this state, DQGGLVWULEXWLRQRIPRWRUIXHO7KHUHFRUGV
and such other investigations as it considers shall include copies of all invoices or bills of
necessary in carrying out the provisions of all such sales and shall at all times during
256WR,IWKHH[DPLQDWLRQV the business hours of the day be subject to
or investigations disclose that any reports of inspection by the department or its deputies
GHDOHUVRURWKHUSHUVRQVWKHUHWRIRUHÀOHGZLWK RURWKHURIÀFHUVGXO\DXWKRUL]HGE\WKHGHSDUW-
the department pursuant to the requirements PHQW8SRQUHTXHVWIURPWKHRIÀFLDOVWRZKRP
RI256WRKDYHVKRZQLQFRU- is entrusted the enforcement of the motor fuel
rectly the amount of gallonage of motor vehicle tax law of another state, territory, country or
fuel distributed or the tax, penalty or interest the federal government, the department shall
accruing thereon, the department may make IRUZDUGWRVXFKRIÀFLDOVDQ\LQIRUPDWLRQZKLFK
such changes in subsequent reports and pay- it may have relative to the import or export of
ments of such dealers or other persons, or may any motor vehicle fuel by any dealer, provided
make such refunds, as may be necessary to such other state, territory, country or federal
correct the errors disclosed by its examinations government furnishes like information to this
RULQYHVWLJDWLRQV>$PHQGHGE\F@ VWDWH>$PHQGHGE\FF
@
319.375 Limitation on credit for or
refund of overpayment and on assess- 319.400 Records to be kept three years.
ment of additional tax. ([FHSW DV (YHU\GHDOHUVKDOOPDLQWDLQDQGNHHSZLWKLQ
RWKHUZLVHSURYLGHGLQ256WR the State of Oregon, for a period of three years,
any credit for erroneous overpayment of tax all records of motor vehicle fuel used, sold and
made by a dealer taken on a subsequent return distributed within this state by such dealer,
or any claim for refund of tax erroneously over- together with stock records, invoices, bills of
SDLGÀOHGE\DGHDOHUPXVWEHVRWDNHQRUÀOHG lading and other pertinent papers as may be
within three years after the date on which the UHTXLUHGE\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
RYHUSD\PHQWZDVPDGHWRWKHVWDWH >$PHQGHGE\FF@
([FHSWLQWKHFDVHRIDIUDXGXOHQWUHSRUW 319.410 Disposition of tax moneys.
or neglect to make a report, every notice of (1) The Department of Transportation shall
additional tax proposed to be assessed under promptly turn over the license tax to the State
256WRVKDOOEHVHUYHGRQ Treasurer to be disposed of as provided in ORS
dealers within three years from the date upon
ZKLFKVXFKDGGLWLRQDOWD[HVEHFRPHGXH> (2) The revenue from the license tax col-
FF@ lected from the use, sale or distribution of
319.380 Examining books and accounts DLUFUDIWIXHODVLPSRVHGE\256
of carrier of motor vehicle fuel. The VKDOOEHWUDQVIHUUHGXSRQFHUWLÀFDWLRQRIWKH
Department of Transportation or its duly department to the State Treasurer, who shall
authorized agents may at any time during FUHGLWWKHFHUWLÀHGDPRXQWWRWKH6WDWH$YLD-
normal business hours examine the books tion Account for the purpose of carrying out the
and accounts of any carrier of motor vehicle SURYLVLRQVRIWKHVWDWHDYLDWLRQODZV>$PHQGHG
fuel operating within this state for the purpose E\FFF
of checking shipments or use of motor vehicle FFF
fuel, detecting diversions thereof or evasion of FF@
taxes on same in enforcing the provisions of 319.415 Estimate of tax on fuel used
256WR for boats; transfer to Boating Safety,
319.382 Agreements for refunds to Law Enforcement and Facility Account;
Indian tribes. Notwithstanding any other use. (1) On or before July 15 of each year, the
provision of law, the Department of Trans- Oregon Department of Administrative Ser-
portation may enter into agreements with the vices, after consultation with the Department
JRYHUQLQJERG\RIDQ\,QGLDQWULEHUHVLGLQJ of Transportation and the State Marine Board,
on a reservation in Oregon to provide refunds shall determine the amount of the motor vehi-
to the tribe of state motor vehicle fuel taxes FOHIXHOWD[LPSRVHGXQGHU256WR
for fuel purchased on the reservation and GXULQJWKHSUHFHGLQJÀVFDO\HDUZLWK
used by tribal members on tribal reservation respect to fuel purchased and used to operate
RUSURSHOPRWRUERDWV7KHDPRXQWGHWHUPLQHG
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
DFFRXQWRI256D amount of the motor vehicle fuel tax imposed
(2)(a) The Oregon Department of Adminis- XQGHU256WRGXULQJWKHSUH-
trative Services shall estimate the amount of FHGLQJÀVFDO\HDUZLWKUHVSHFWWRPRWRUYHKLFOH
fuel described in subsection (1) of this section fuel purchased and used in operating aircraft
that is used to operate or propel motor boats engines and upon which the full tax for motor
by conducting a statistically valid, unbiased, YHKLFOHIXHOKDVEHHQSDLG7KHHVWLPDWHVKDOO
LQGHSHQGHQWVXUYH\RIERDWRZQHUV7KHVXUYH\ be reduced by the amount of any refunds actu-
shall be conducted once every four years and ally paid on motor vehicle fuel, excluding those
shall be designed to estimate the average daily paid on aviation gasoline or jet fuel, during the
fuel consumption by motor boats and the total SUHFHGLQJÀVFDO\HDUSXUVXDQWWR256
GD\VRIPRWRUERDWXVHSHU\HDU7KHVXUYH\
shall be used to determine the amount of the (2) The Oregon Department of Adminis-
transfer required by subsection (3) of this sec- trative Services shall certify the amount of
WLRQIRUWKHÀUVWWUDQVIHUWKDWRFFXUVDIWHUWKH the estimate made under subsection (1) of this
VXUYH\LVFRPSOHWHG,IWKHWD[UDWHFKDQJHV section to the Department of Transportation,
GXULQJWKHÀVFDO\HDUWKHDPRXQWRIWD[WR the Director of the Oregon Department of Avi-
be transferred shall be prorated based on the DWLRQDQGWKH6WDWH7UHDVXUHU7KHUHXSRQWKH
percentage of total motor boat use taking place amount of the estimate shall be transferred
GXULQJHDFKWD[SHULRG from the Department of Transportation Driver
E,Q\HDUVZKHQQRVXUYH\LVFRQGXFWHGWKH and Motor Vehicle Suspense Account to the
amount to be transferred under subsection (3) State Aviation Account and is continuously
of this section shall be calculated by multiply- appropriated to the Oregon Department of Avi-
ing the per boat fuel consumption factors from ation to carry out the purposes of ORS chapters
the preceding survey by the number of motor DQG>FF
boats as shown by the annual actual count F@
RIERDWUHJLVWUDWLRQV7KHUHVXOWLQJDPRXQW 319.420 ORS 319.510 to 319.880 not
in gallons per year, shall be the basis for the affected. 256WRGRQRWDIIHFW
GHWHUPLQDWLRQRIWKHDPRXQWWREHWUDQVIHUUHG RUUHSHDODQ\RIWKHSURYLVLRQVRI256
(c) The survey required by paragraph (a) of WR
this subsection shall be developed by a research 319.430 Savings clause. All rights and
department within Oregon State University, obligations arising under the provisions of the
in consultation with the State Marine Board statutes repealed in section 38, chapter 413,
DQGWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ7KH Oregon Laws 1945, shall not in any way be
Oregon Department of Administrative Services DIIHFWHGE\VXFKUHSHDO6XFKVWDWXWHVVKDOOEH
shall contract for the development and conduct considered in full force and effect for the pur-
of the survey, and the costs shall be paid by pose of carrying out all duties and obligations
WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ&RVWVSDLG contracted or arising under such statutes, prior
by the Department of Transportation may be WR-XQH
deducted from the amount transferred to the
State Marine Board under subsection (3) of
WKLVVHFWLRQ USE FUEL TAX
(3) The Oregon Department of Adminis- 319.510 Short title. 256 WR
trative Services shall certify the amount of PD\EHFLWHGDVWKH8VH)XHO7D[/DZ
the estimate made under subsection (1) of >$PHQGHGE\F@
this section, as reduced by refunds, to the 'HÀQLWLRQVIRU256WR
Department of Transportation, to the State 319.880. $VXVHGLQ256WR
0DULQH%RDUGDQGWRWKH6WDWH7UHDVXUHU unless the context clearly indicates a different
Thereupon, that amount shall be transferred PHDQLQJ
from the Department of Transportation Driver
and Motor Vehicle Suspense Account to the ´&DUGORFNFDUGµPHDQVDIXHOFDUG
%RDWLQJ6DIHW\/DZ(QIRUFHPHQWDQG)DFLOLW\ (a) Capable of generating an electronic
$FFRXQWFUHDWHGXQGHU256DQGLV invoice or electronic statement that includes
continuously appropriated to the State Marine WKHLQIRUPDWLRQUHTXLUHGE\256DQG
Board for the purposes for which the moneys the applicable fuel tax amount;
LQWKH%RDWLQJ6DIHW\/DZ(QIRUFHPHQWDQG
)DFLOLW\$FFRXQWDUHDSSURSULDWHG>F E,VVXHGIRUDVSHFLÀFYHKLFOHDVSHFLÀF
FFF piece of equipment or a group of equipment;
F@ (c) That includes the qualifying information,
319.417 Estimate of tax on fuel used as designated by the Department of Transpor-
in aircraft; transfer to State Aviation tation by rule, that is printed on the electronic
Account; use. (1) On or after October 3, 1989, invoice or electronic statement;
and on or before July 15 of each year thereaf- (d) That allows the tax status of the cardlock
ter, the Oregon Department of Administrative card to be indicated on the electronic invoice
Services, after consultation with the Depart- or electronic statement and includes state tax
ment of Transportation and the Director of
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- not exceeding 30 days without obtaining a
tions (3) and (4) of this section, 100 cubic feet of user’s license or the emblem issued under ORS
fuel used or sold in a gaseous state, measured LIIRUDOOIXHOXVHGLQDPRWRUYHKLFOH
DWSRXQGVSHUVTXDUHLQFKRISUHVVXUHDW in this state, the nonresident pays to a seller,
GHJUHHV)DKUHQKHLWLVWD[DEOHDWWKHVDPH at the time of the sale, the tax provided in ORS
UDWHDVDJDOORQRIOLTXLGIXHO
(3) One hundred twenty cubic feet of com- (3) A user’s license is not required for a
pressed natural gas used or sold in a gaseous person who uses fuel in a motor vehicle with
VWDWHPHDVXUHGDWSRXQGVSHUVTXDUH DFRPELQHGZHLJKWRISRXQGVRUOHVV
LQFKRISUHVVXUHDWGHJUHHV)DKUHQKHLWLV if, for all fuel used in a motor vehicle in this
taxable at the same rate as a gallon of liquid state, the person pays to a seller, at the time
IXHO RIWKHVDOHWKHWD[SURYLGHGLQ256
(4) One and three-tenths liquid gallons of (4)(a) A user’s license is not required for
SURSDQHDWGHJUHHV)DKUHQKHLWLVWD[DEOHDW 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
___________________________________ $XVHU·VOLFHQVHLVQRWUHTXLUHGIRUD
person who uses fuel in a motor vehicle on
(2) The special use fuel license fee equals the which an emblem issued for the motor vehi-
applicable base amount from the schedule in FOHSXUVXDQWWR256LVGLVSOD\HG
subsection (1) of this section multiplied by the >$PHQGHGE\FF
XVHIXHOWD[UDWHLPSRVHGXQGHU256 FFF
in effect at the time of payment, divided by 12 FFF@
FHQWV
319.560 Application for and issuance of
(3)(a) A person wishing to pay the special user’s license. A user of fuel in a motor vehi-
use fuel license fee shall apply to the depart- FOHUHTXLUHGWREHOLFHQVHGXQGHU256
ment on a form prescribed by the department shall apply to the Department of Transporta-
and shall include such information as the tion for a user’s license upon forms prescribed
GHSDUWPHQWUHTXLUHV by the department and shall set forth such
(b) Upon receipt of a complete and valid LQIRUPDWLRQDVWKHGHSDUWPHQWPD\UHTXLUH
application under this subsection, the depart- On receipt of the application, the department
ment shall issue to the applicant without may issue to the applicant a user’s license
charge an emblem for display on the motor without charge authorizing the applicant to
YHKLFOHWRZKLFKWKHDSSOLFDWLRQUHODWHV XVHIXHOLQDPRWRUYHKLFOHLQWKLVVWDWH7KH
license is valid only for the person in whose
(c) An emblem issued under this section that name it is issued and is valid until canceled
is displayed in a conspicuous place on the motor RUUHYRNHG>$PHQGHGE\F
vehicle for which the emblem is issued shall be FF@
accepted by a seller of fuel as proof of exemp-
tion from the per-gallon tax imposed under 319.570 Faithful performance bond. (1)
256>F@ $WWKHWLPHRIÀOLQJWKHDSSOLFDWLRQIRUDXVHU·V
license, the Department of Transportation may
319.540>5HSHDOHGE\F@ UHTXLUHWKHXVHURIIXHOLQDPRWRUYHKLFOHWRÀOH
319.550 User’s license required to use with the department, in such form as shall be
fuel; exceptions. ([FHSWDVSURYLGHGLQ prepared by the department, a bond duly exe-
this section, a person may not use fuel in a cuted by the user as principal with a corporate
surety authorized to transact business in this
VWDWH7KHERQGVKDOOEHSD\DEOHWRWKH6WDWH
(d) Owes a debt to the state under ORS person ordering the person to appear before
WR the department at a time not less than 10
(e) Had a license issued by a jurisdiction days after such service and show cause why
other than Oregon to sell or use untaxed use WKHOLFHQVHVKRXOGQRWEHUHYRNHG7KHQRWLFH
fuel that was revoked or canceled for cause, shall be served in the manner prescribed by
whether the license was held by the person as 256
DQLQGLYLGXDORUDVDQRIÀFHUGLUHFWRURZQHU (2) A new license shall not be issued to a
or managing employee or on behalf of a real person whose license has been revoked unless
party in interest; it appears to the satisfaction of the department
I,QDQ\MXULVGLFWLRQSOHDGHGJXLOW\WRRU that the person will comply with the provisions
was convicted of a crime directly related to the RI256WRDQGWKHUXOHVDQG
sale, use or distribution of use fuel, whether as UHJXODWLRQVDGRSWHGXQGHU256WR
DQLQGLYLGXDORUDVDQRIÀFHUGLUHFWRURZQHU >$PHQGHGE\F@
or managing employee of a business engaged 319.640 Cancellation of license on
in the sale or distribution of use fuel; request of user. ,I DQ\ SHUVRQ WR ZKRP
(g) Had a civil judgment imposed for conduct a license has been issued pursuant to ORS
involving fraud, misrepresentation, conversion WRFHDVHVXVLQJIXHOZLWKLQ
RUGLVKRQHVW\DVDQLQGLYLGXDORUDVDQRIÀ- this state for a period of six months, the person
cer, director, owner or managing employee of shall immediately request in writing that the
a business engaged in the sale or distribution Department of Transportation cancel the
of use fuel; OLFHQVH2QUHFHLSWRIWKHUHTXHVWWKHGHSDUW-
PHQWVKDOOFDQFHOWKHOLFHQVH
(h) Misrepresented or concealed a material
fact in obtaining a license or in the reinstate- 319.650 Notifying department upon
ment thereof; ceasing to use fuel in connection with
motor vehicle. ,IDQ\SHUVRQFHDVHVXVLQJ
(i) Violated a statute or administrative rule fuel within this state in connection with a
regarding fuel taxation or distribution; motor vehicle with respect to which an emblem
(j) Failed to cooperate with the department’s KDVEHHQLVVXHGSXUVXDQWWR256EXW
LQYHVWLJDWLRQVE\ continues using fuel within this state in con-
nection with another motor vehicle or other
(A) Not furnishing requested documents; motor vehicles, the person shall immediately
(B) Not furnishing when requested to do so QRWLI\WKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
a full and complete written explanation of a 319.660 Removal of emblem. Any person
matter under investigation by the department; whose license has been revoked or canceled
or SXUVXDQW WR 256 RU RU
(C) Not responding to a subpoena issued by ZKR LV UHTXLUHG E\ 256 WR QRWLI\
the department; or the Department of Transportation that such
person has ceased using fuel within this state
(k) Failed to comply with an order issued by in connection with a motor vehicle, immedi-
WKHGHSDUWPHQW ately shall remove from the motor vehicle on
,QDGGLWLRQWRUHIXVDORIDOLFHQVHIRUUHD- which it is displayed and shall destroy or, if
VRQVVSHFLÀHGLQVXEVHFWLRQRIWKLVVHFWLRQ the department so requests, shall return to the
the department may refuse to issue a user’s department each emblem issued to such person
license or seller’s license for any other reason XQGHU256RUWKHHPEOHPLVVXHGZLWK
WKHGHSDUWPHQWGHHPVVXIÀFLHQW respect to the motor vehicle in connection with
which such person has ceased using fuel within
(3) Before refusing to issue a license under WKLVVWDWHDVWKHFDVHPD\EH
this section, the department shall grant the
applicant a hearing and shall give the appli- 319.665 Seller to collect tax; exceptions;
cant at least 10 days’ written notice of the time deduction for purchase made with card-
DQGSODFHRIWKHKHDULQJ7KHKHDULQJVKDOOEH lock card. (1) The seller of fuel for use in a
a contested case hearing under the provisions motor vehicle shall collect the tax provided by
RI256FKDSWHU 256DWWKHWLPHWKHIXHOLVVROGXQOHVV
RQHRIWKHIROORZLQJVLWXDWLRQVDSSOLHV
(4) For purpose of consideration of an
application for a license, the department may (a) The vehicle into which the seller deliv-
inspect or investigate the records of this state ers or places the fuel bears a valid permit or
or of any other jurisdiction to verify the infor- user’s emblem issued by the Department of
mation on the application and to verify the 7UDQVSRUWDWLRQ
DSSOLFDQW·VFULPLQDODQGOLFHQVLQJKLVWRU\ (b) The fuel is dispensed at a nonretail facil-
>F@ ity, in which case the seller shall collect any tax
319.630 Revocation of license; reissue owed at the same time the seller collects the
of license. (1) The Department of Transpor- purchase price from the person to whom the
tation may revoke the license of a user or seller IXHOZDVGLVSHQVHGDWWKHQRQUHWDLOIDFLOLW\$
if the user or seller fails to comply with any seller is not required to collect the tax under
SURYLVLRQRI256WRRUDQ\ WKLVSDUDJUDSKIURPDSHUVRQZKRFHUWLÀHVWR
UXOHRUUHJXODWLRQDGRSWHGXQGHU256 the seller that the use of the fuel is exempt
WR%HIRUHUHYRNLQJWKHOLFHQVHWKH IURPWKHWD[LPSRVHGXQGHU256
department shall serve written notice on the
fuel which would otherwise be subject to refund per day until the tax and interest have been
XQGHU256 SDLGLQIXOO
(DFKXVHURIIXHOLQDPRWRUYHKLFOHZLWKD E,IWKHH[FLVHWD[LPSRVHGE\256
light weight of less than 8,000 pounds required is overpaid, the department may credit interest
WREHOLFHQVHGXQGHU256PD\ÀOHDQ to the account of the taxpayer in the amount
annual report of all fuel used upon Oregon RISHUFHQWSHUGD\XSWRDPD[LPXP
KLJKZD\V7KHUHSRUWIRUHDFKFDOHQGDU\HDU amount that equals any interest assessed
VKDOOEHÀOHGRQRUEHIRUH0DUFKRIWKH\HDU against the taxpayer under paragraph (a) of
following and shall be accompanied by a remit- WKLVVXEVHFWLRQLQDQ\JLYHQDXGLWSHULRG
tance payable to the department of all the tax (4) No seller or user who incurs a tax liabil-
shown to be due and payable on the amount of LW\DVSURYLGHGLQ256WRVKDOO
IXHOXVHG>$PHQGHGE\F knowingly and willfully fail to report and pay
FFF the tax liability to the department as required
FF@ E\256WR>F
319.692 Quarterly reports if average FFF
monthly tax under $300; when annual FF@
reports authorized. (1) Whenever in the 319.697 Records required of sellers
judgment of the Department of Transporta- and users; alternative records for cer-
tion the average monthly tax to be paid by a tain users. (YHU\XVHURIIXHOLQDPRWRU
use fuel seller or user will be less than $300, vehicle required to be licensed under ORS
the department may authorize the seller or VKDOONHHSDUHFRUGRIIXHOXVHGDQG
XVHUWRÀOHTXDUWHUO\WD[UHSRUWVLQOLHXRIWKH be prepared to prove that all the tax due and
PRQWKO\WD[UHSRUWVUHTXLUHGE\256 SD\DEOHRQIXHOXVHGKDVEHHQSDLG$QLQYRLFH
DQG7KHTXDUWHUO\UHSRUWVVRDXWKR- GHVFULEHGLQ256SURSHUO\ÀOOHGRXW
rized, and accompanying remittances as shown is proof that any tax due which is shown on the
WKHUHRQWREHGXHDQGSD\DEOHVKDOOEHÀOHGRQ invoice as paid was paid for the fuel covered
RUEHIRUHWKHGXHGDWHVDVIROORZV)LUVWTXDU- E\WKHLQYRLFH7KHXVHU·VUHFRUGRIIXHOXVHG
ter, April 20; second quarter, July 20; third for any purpose, other than fuel obtained from
quarter, October 20; fourth quarter, January a seller who collected the tax, shall indicate
$Q\SURYLVLRQVRI256DQG the date the fuel was obtained, the name and
RWKHUZLVHDSSOLFDEOHWRWKHÀOLQJRIPRQWKO\ address of the seller from whom the fuel was
reports and remittances shall be applicable to obtained, and the amount of fuel obtained, in
WKHTXDUWHUO\ÀOLQJV JDOORQV
(2) Whenever in the judgment of the depart- ,QOLHXRIPDLQWDLQLQJDQDFWXDOUHFRUGRI
ment the average annual tax to be paid by a fuel used, a user required to be licensed under
use fuel seller or user will be less than $100, 256ZKRRSHUDWHVDPRWRUYHKLFOHZLWK
the department may authorize the seller or a light weight of less than 8,000 pounds may
XVHUWRÀOHDQQXDOWD[UHSRUWVLQOLHXRIWKH maintain an accurate record of miles operated
PRQWKO\WD[UHSRUWVUHTXLUHGE\256 XSRQ2UHJRQKLJKZD\V7KHJDOORQVRIWD[DEOH
DQG7KHDQQXDOUHSRUWVDXWKRUL]HG fuel used shall be computed by applying a rea-
by this subsection, and accompanying remit- VRQDEOHPLOHVSHUJDOORQÀJXUHWRWKH2UHJRQ
tances as shown on the reports to be due and PLOHVRSHUDWHG7KH'HSDUWPHQWRI7UDQVSRU-
SD\DEOHVKDOOEHÀOHGRQRUEHIRUH-DQXDU\ tation shall determine whether the miles per
20 following the year for which the reports JDOORQÀJXUHLVUHDVRQDEOHDQGLWVGHFLVLRQ
DUHÀOHG$Q\SURYLVLRQVRI256DQG VKDOOEHÀQDO
RWKHUZLVHDSSOLFDEOHWRWKHÀOLQJRI
monthly reports and remittances shall be (YHU\VHOOHURIIXHOIRUDQ\SXUSRVHVKDOO
DSSOLFDEOHWRWKHDQQXDOÀOLQJV>F keep a record of fuel sold for any purpose and
FF@ shall be prepared to prove that all the tax pro-
YLGHGE\256KDVEHHQUHPLWWHGWRWKH
319.694 Penalty for delinquency in GHSDUWPHQW7KHGHSDUWPHQWPD\VSHFLI\WKH
remitting tax; waiver; interest rates. (1) IRUPRIWKHVHOOHU·VUHFRUG
([FHSWDVSURYLGHGLQVXEVHFWLRQRIWKLV
section, if any user or seller is delinquent in (YHU\VHOOHUDQGHYHU\XVHURIIXHOLQD
UHPLWWLQJWKHWD[SURYLGHGE\256RQ motor vehicle required to be licensed under
WKHGDWHVSHFLÀHGLQ256 256VKDOOSUHVHUYHLQWKLVVWDWHIRUD
RUDSHQDOW\RISHUFHQWRI period of three years all records of fuel used
the amount of the tax due shall be added to the or fuel sold, together with invoices and any
amount due and the total shall immediately other relevant records or papers which may
EHGXHDQGSD\DEOH 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
VHFWLRQRIWKLVVHFWLRQPD\EHZDLYHG GXULQJQRUPDOEXVLQHVVKRXUV>F
FF@
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
of the warrant has the effect described in department shall assess the tax and penalty
256 $IWHU UHFRUGLQJ D ZDUUDQW GXHDJDLQVWWKHVHOOHU
the department may direct the sheriff for the (3) The department shall give to the user
county in which the warrant is recorded to levy RU VHOOHU ZULWWHQ QRWLFH RI WKH DVVHVVPHQW
upon and sell the real and personal property of The notice may be served personally or by
the debtor found within that county, and to levy PDLO,IPDGHE\PDLOVHUYLFHVKDOOEHPDGH
upon any currency of the debtor found within by depositing the notice in the United States
that county, for the application of the proceeds mail, postage prepaid, addressed to the user
RUFXUUHQF\DJDLQVWWKHDPRXQWUHÁHFWHGLQ or seller at the address as it appears in the
the warrant and the sheriff’s cost of executing UHFRUGVRIWKHGHSDUWPHQW>$PHQGHGE\
WKHZDUUDQW7KHVKHULIIVKDOOSURFHHGRQWKH F@
warrant in the same manner prescribed by law
for executions issued against property pursu- 319.770>5HSHDOHGE\F@
ant to a judgment, and is entitled to the same 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 any information available to the department,
warrant under this section may be directed for the month or months with respect to which
to any agent authorized by the department to the user or seller failed to make a report, and
collect obligations under this section, and in assess the tax and penalty due from the user
the execution of the warrant the agent has all RUVHOOHUXQGHU256WR
of the powers conferred by law upon sheriffs, (2) The department shall give to the user
but is entitled to no fee or compensation in or seller written notice of the assessment in
excess of actual expenses paid in the perfor- WKHPDQQHUSUHVFULEHGE\256
PDQFHRIVXFKGXW\>FF >$PHQGHGE\F@
F@
319.790 Petition for reassessment. (1)
319.744 Use of collection agency. (1) The Any user or seller against whom an assess-
Department of Transportation may engage the PHQWLVPDGHXQGHU256DQG
services of a collection agency to collect any may petition for a reassessment within 30
REOLJDWLRQGXHWRWKHVWDWHXQGHU256 GD\VDIWHUVHUYLFHRIQRWLFHRIWKHDVVHVVPHQW
WR7KHGHSDUWPHQWPD\HQJDJHWKH ,IDSHWLWLRQLVQRWÀOHGZLWKLQWKHGD\
services by entering into agreements to pay period, the amount of the assessment becomes
reasonable charges on a contingent fee or other FRQFOXVLYH
EDVLV
,IDSHWLWLRQIRUUHDVVHVVPHQWLVÀOHG
(2) The department may assign to the col- within the 30-day period the Department of
lection agency, for collection purposes only, Transportation shall reconsider the assess-
any of the obligations due the state under ORS ment and, if requested in the petition, shall
WR grant the user or seller an oral hearing and
(3) The collection agency may bring such give the user or seller 10 days’ notice of the
actions or take such proceedings, including WLPHDQGSODFHWKHUHRI7KHGHSDUWPHQWPD\
attachment and garnishment proceedings, as FRQWLQXHWKHKHDULQJIURPWLPHWRWLPH7KH
PD\EHQHFHVVDU\>F@ department shall serve on the petitioner notice
RILWVÀQGLQJXSRQUHDVVHVVPHQW,IWKHÀQG-
319.746 Uncollectible obligation. (1) Any ing is that a tax or penalty is delinquent, the
obligation due the state assigned to a collection petitioner shall pay to the department, within
DJHQF\SXUVXDQWWR256WKDWUHPDLQV 30 days after notice is served, all the tax or
uncollected for two years after the date of the SHQDOW\IRXQGWREHGHOLQTXHQW
assignment meets the criteria for uncollect-
LELOLW\IRUPXODWHGSXUVXDQWWR256 (3) Notice required by this section shall
be served in the manner prescribed by ORS
256DSSOLHVWRDQ\REOLJDWLRQ >$PHQGHGE\F@
due the state and described in subsection (1)
RIWKLVVHFWLRQ>FF@ 319.800>5HSHDOHGE\F@
319.750>5HSHDOHGE\F@ 319.801 Appeal to circuit court. Any
SHUVRQDJJULHYHGE\DÀQGLQJRUGHURUGHWHU-
$VVHVVPHQWRIGHÀFLHQF\SUH- mination by the Department of Transportation
sumption that fuel subject to tax. ,IWKH XQGHU256RUPD\DSSHDO
'HSDUWPHQWRI7UDQVSRUWDWLRQLVQRWVDWLVÀHG therefrom to the circuit court of the county in
WKDWDUHSRUWÀOHGRUDPRXQWRIWD[RUSHQDOW\ ZKLFKWKHSHUVRQUHVLGHV6XFKDSSHDOVKDOO
paid to the state by any user or seller is correct, EHWDNHQZLWKLQGD\VIURPWKHGDWHRIWKH
the department may assess the tax and penalty HQWU\RUPDNLQJRIVXFKRUGHUÀQGLQJRUGHWHU-
due based upon any information available to mination and in the manner provided by law
WKHGHSDUWPHQW IRUDSSHDOVLQDFWLRQVDWODZ>F@
,IDVHOOHUIDLOVWRDFFRXQWVDWLVIDFWRULO\ 319.810 Time limitation on service
for any fuel sold or disposed of, it shall be of notice of additional tax. ([FHSW LQ
presumed that the fuel not accounted for was the case of an alleged fraudulent report, or
sold to users for use in motor vehicles and the neglect or refusal to make a report, no notice
of assessment shall be served on the user or (B) The State Board of Forestry;
seller after three years have expired since the (C) The State Forester; or
DOOHJHGHUURQHRXVUHSRUWZDVÀOHGRUDUHSRUW
VKRXOGKDYHEHHQÀOHG>$PHQGHGE\F (D) A licensee of an agency named in sub-
@ paragraph (A), (B) or (C) of this paragraph;
319.820 Refund of tax erroneously or (d) By an agency of the United States or of
illegally collected. ,IWKH'HSDUWPHQWRI this state or of any county, city or port of this
Transportation determines any amount of tax state on any road, thoroughfare or property,
or penalty has been paid more than once or other than a state highway, county road or city
has been erroneously or illegally collected, the street;
department shall credit such amount against (e) By any incorporated city or town of this
any amounts then due from the user or seller state;
XQGHU256WRRU
and shall refund any balance to the user or (f) By any county of this state or by any road
seller, the successor, administrator or executor DVVHVVPHQWGLVWULFWIRUPHGXQGHU256
RIWKHXVHURUVHOOHU WR
(2) A user or seller may claim a credit or (g) Upon any county road for the removal of
refund for any amount of tax or penalty which IRUHVWSURGXFWVDVGHÀQHGLQ256RU
the user or seller has paid more than once or the products of such forest products converted
which the user or seller has paid or which to a form other than logs at or near the har-
KDVEHHQFROOHFWHGHUURQHRXVO\RULOOHJDOO\ YHVWLQJVLWHLI
No such claim for a credit or refund shall (A) Such use upon the county road is pursu-
EHDOORZHGXQOHVVWKHFODLPLVÀOHGZLWKWKH ant to a written agreement entered into with,
department within three years from the date or to a permit issued by, the State Board of
of the payment or collection or, with respect to Forestry, the State Forester or an agency of
DQDVVHVVPHQWPDGHXQGHU256DQG the United States, authorizing such user to use
ZLWKLQVL[PRQWKVDIWHUWKHDVVHVV- such road and requiring such user to pay for or
ment becomes conclusive, whichever period to perform the construction or maintenance of
H[SLUHVWKHODWHU(YHU\VXFKFODLPPXVWEH the county road;
LQZULWLQJDQGPXVWVWDWHWKHVSHFLÀFJURXQGV
XSRQZKLFKLWLVIRXQGHG)DLOXUHWRÀOHVXFK %7KHERDUGRIÀFHURUDJHQF\WKDWHQWHUHG
claim within the time prescribed in this section into the agreement or granted the permit,
shall constitute waiver of any and all demands by contract with the county court or board
against this state on account of overpayments of county commissioners, has assumed the
XQGHU256WR:LWKLQGD\V responsibility for the construction or mainte-
of allowing or disallowing any such claim in nance of such county road; and
whole or in part, the department shall serve (C) Copies of the agreements or permits
QRWLFHRIVXFKDFWLRQRQWKHFODLPDQW7KHVHU- required by subparagraphs (A) and (B) of this
vice shall be made in the manner prescribed SDUDJUDSKDUHÀOHGZLWKWKH'HSDUWPHQWRI
E\256>$PHQGHGE\F Transportation;
@
(h) By a school district or education service
319.830>5HSHDOHGE\F@ district of this state or the contractors of a
319.831 Refund of tax on fuel used in school district or education service district,
operation of vehicle over certain roads or 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; /,QPHWHUHGXVHVXEMHFWWRWKHSHUPLOH
URDGXVDJHFKDUJHLPSRVHGXQGHU256
(c) Upon any road, thoroughfare or prop- LIWKHXVHUKDVSDLGWKHFKDUJH
erty, other than a state highway, county road
or city street, for the removal of forest products, (2) An application for a refund under sub-
DVGHÀQHGLQ256RUWKHSURGXFWV VHFWLRQRIWKLVVHFWLRQVKDOOEHÀOHGZLWKWKH
of such forest products converted to a form department within 15 months after the date
other than logs at or near the harvesting site, the use fuel tax, for which a refund is claimed,
or for the construction or maintenance of the LVSDLG
road, thoroughfare or property, pursuant to a (3) The application for a refund provided
written agreement or permit authorizing the by subsection (1) of this section shall include
use, construction or maintenance of the road, a signed statement by the applicant indicat-
WKRURXJKIDUHRUSURSHUW\ZLWKRUE\ ing the amount of fuel for which a refund is
(A) An agency of the United States; claimed, and the way in which the fuel was
XVHGZKLFKTXDOLÀHVWKHDSSOLFDQWIRUDUHIXQG
_______________
Chapter 445
(',7,21
INDIGENT PERSONS INJURED IN VEHICLE ACCIDENTS
'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-
$XWKRULW\ ship of the injured person to the movement of
´&DUHµPHDQV the vehicle, and whether or not the vehicle is
under the control of a human being at the time
D7UHDWPHQWLQDQGE\DKRVSLWDO RIWKHLQMXU\
E3URIHVVLRQDOVHUYLFHVRIDGRFWRU ´1XUVHµPHDQVDSHUVRQUHJLVWHUHGRU
F3URIHVVLRQDOVHUYLFHVRIDQXUVH licensed to practice nursing by the Oregon
6WDWH%RDUGRI1XUVLQJ
(d) Medicines, substances, articles, appli-
ances or physical therapy supplied on the ´3KDUPDF\µPHDQVDSODFHRIEXVLQHVV
prescription or order of the doctor in charge licensed by the State Board of Pharmacy,
RIWKHFDVH where drugs, medicines, prescriptions, chem-
icals or poisons are compounded, dispensed or
(e) Transportation and services by an ambu- VROGDWUHWDLO
ODQFHRSHUDWRU
(11) “Supplier of prosthetic appliances and
(f) Supplying prosthetic appliances and VHUYLFHVµPHDQVDSODFHRIEXVLQHVVRUSHUVRQ
VHUYLFHV licensed to manufacture or supply prosthetic
(g) Any combination of any two or more of DSSOLDQFHVDQGVHUYLFHV
WKHVHUYLFHVOLVWHGLQWKLVVXEVHFWLRQ ´/LFHQVHGSK\VLFDOWKHUDSLVWµPHDQVD
(h) Professional services of a licensed phys- physical therapist within the State of Oregon
LFDOWKHUDSLVW licensed by the Physical Therapist Licensing
%RDUG>$PHQGHGE\FF
´&ODLPDQWµPHDQVDKRVSLWDOGRFWRU FFF
nurse, pharmacy, ambulance operator, sup- FFF
plier of prosthetic appliances and services or F@
licensed physical therapist, who supplies care
WRDQLQGLJHQWSDWLHQWDQGZKRÀOHVDFODLP 445.020 Determination of indigency. (1)
IRUFKDUJHVWKHUHIRUSXUVXDQWWRWKLVFKDSWHU A person injured by the movement of a motor
,QUHVSHFWRIDKRVSLWDOLWLQFOXGHVWKHRSHU- vehicle is deemed unable to pay the charges
DWRURUPDQDJLQJRIÀFHUWKHUHRI´&ODLPDQWµ for care if it appears that, upon due and dil-
also means an indigent patient, or a personal igent search and inquiry, the person, or any
representative of the patient after the death other person chargeable by law with the care
of the patient, but claims allowed shall be or support of the person, cannot be found for
paid directly to those who supply care to the service of summons, or that, should an action
indigent patient; and an indigent claimant, be brought and judgment secured against the
or personal representative of the patient, has person, or against any other person charge-
QRULJKWRIDSSHDOXQGHU256 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 445.030 Motor Vehicle Accident Fund;
agreement with the authority and which source; uses. (1) There is created a fund to be
admits and cares for patients suffering from known as the Motor Vehicle Accident Fund, to
motor vehicle injuries and applies for the ben- be held and deposited by the State Treasurer
HÀWVRIWKLVFKDSWHULQWKHPDQQHUSURYLGHGLQ in such banks as are authorized to receive
256 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\ D$OOFODLPVDQGEHQHÀWVDOORZHGE\WKH
by a court on appeal, whose account therefor DXWKRULW\RUÀQDOO\DGMXGJHGDIÀUPDWLYHO\E\
remains unpaid at the expiration of 90 days a court on appeal in the amounts allowed or
after the termination of the care and who is adjudged and within the limitations of ORS
QRWHQWLWOHGWRWKHEHQHÀWVRIWKH:RUNHUV·&RP- DQG
pensation Law of this state or any other state (b) All expenses of litigation incurred by the
RUFRXQWU\RQDFFRXQWRIVXFKLQMXU\ DXWKRULW\RQDQ\DSSHDO
´0RWRUYHKLFOHLQMXU\µPHDQVDQ\SHU- (c) All court costs and disbursements
sonal injury suffered by a human being, and DVVHVVHGDJDLQVWWKHDXWKRULW\
or is able to pay, the amount of the claim, the unless it is made to appear to the satisfaction
FODLPDQWVKDOOGLOLJHQWO\SXUVXHVXFKSD\PHQW RIWKHDXWKRULW\WKDW
(2) A claimant who has received payment (1) Upon due and diligent search and inquiry
of a claim from the Oregon Health Authority neither the patient nor any person chargeable
under this chapter shall inform the authority by law with the care or support of the patient
SURPSWO\DQGLQZULWLQJLI can be found;
(a) The claimant receives any payment from (2) An action against the patient or a person
or on behalf of the patient in respect of whom chargeable by law with the care or support of
the claim has been paid or from any person the patient has been instituted and is pending;
chargeable by law with the care or support of or
the patient; $QDFWLRQKDVEHHQSURVHFXWHGWRÀQDO
(b) The claimant knows or has reason to judgment, all legal remedies for satisfaction
believe that the patient or any person charge- of the judgment have been exhausted and the
able by law with the care or support of the MXGJPHQWKDVQRWEHHQFROOHFWHG>F
patient is able to pay the amount of the claim F@
or any part thereof; or 445.190>5HSHDOHGE\F@
(c) The claimant or any person on behalf of 445.200>5HSHDOHGE\F@
the claimant institutes an action against the
patient or any person chargeable by law with 445.210>5HSHDOHGE\F@
the care or support of the patient to recover all 445.220>5HSHDOHGE\F@
RUSDUWRIWKHDPRXQWRIWKHFODLP
445.230>FUHSHDOHGE\
(3) All moneys paid to or for the use or bene- F@
ÀWRIWKHFODLPDQWE\RURQEHKDOIRIWKHSDWLHQW
shall, after deduction of the reasonable cost of 445.240 > F F
recovering them, be paid to the authority for UHSHDOHGE\F@
GHSRVLWLQWKH0RWRU9HKLFOH$FFLGHQW)XQG 445.250>FUHSHDOHGE\
>$PHQGHGE\FF@ F@
445.185 When deduction may be made 445.260>FUHSHDOHGE\
from payments on claim. When a claimant F@
fails to pursue payment as required by ORS
RUWRSD\WRWKH2UHJRQ+HDOWK$XWKRU- 445.270>FUHSHDOHGE\
LW\WKHDPRXQWUHTXLUHGE\256WREH F@
SDLGWKHDXWKRULW\VKDOODIWHUGD\VGHGXFW
the amount paid by it on the claim from any _______________
subsequent payment made to the claimant
3DJH
3DJH
7DEOHRI&RQWHQWV0LVFHOODQHRXV/DZV
3DJH
7DEOHRI&RQWHQWV0LVFHOODQHRXV/DZV
3DJH
MISCELLANEOUS LAWS
prescribed by the State Court Administrator % ,V QRW LQ FRPSOLDQFH ZLWK VXFK DQ
XQGHU256 DJUHHPHQW
(7) The State Court Administrator may (2) The Department of Justice by rule shall
make adjustments to the master jury list, and specify the conditions and terms of agree-
may authorize the presiding judge of a judicial ments, compliance with which precludes the
district to make adjustments to a jury list for VXVSHQVLRQRIWKHOLFHQVHFHUWLÀFDWHSHUPLW
a panel or term, for the purpose of updating RUUHJLVWUDWLRQ>FF
the addresses of persons appearing on the lists FFF
and removing the names of persons who are FFF
deceased, permanently ineligible for jury ser- F@
YLFHRUSHUPDQHQWO\H[FXVHGIURPMXU\VHUYLFH 25.756 Identifying persons holding
The State Court Administrator shall ensure OLFHQVHVFHUWLÀFDWHVSHUPLWVDQGUHJ-
that a record is maintained of all adjustments istrations. The Department of Justice shall
WRMXU\OLVWVPDGHXQGHUWKLVVXEVHFWLRQ enter into agreements regarding the iden-
(8) For the purposes of this section, “public WLÀFDWLRQRISHUVRQVZKRDUHVXEMHFWWRWKH
ERG\µKDVWKHPHDQLQJJLYHQWKDWWHUPLQ256 SURYLVLRQVRI256WRDQGZKR
>FF KROGOLFHQVHVFHUWLÀFDWHVSHUPLWVRUUHJLVWUD-
FFDF WLRQVZLWK
FFF (1) The Oregon Liquor Control Commission;
FF@
$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>
FFF
6XVSHQVLRQRIOLFHQVHVFHUWLÀ- FF@
cates, permits and registrations; when
authorized; rules. $OOOLFHQVHVFHUWLÀ- 25.771 Obligor holding more than
cates, permits or registrations that a person RQHOLFHQVHFHUWLÀFDWHSHUPLWRUUHJ-
is required by state law to possess in order to istration. ,QWKHHYHQWWKDWDQREOLJRUKROGV
engage in an occupation or profession or to use PRUHWKDQRQHOLFHQVHFHUWLÀFDWHSHUPLWRU
a particular occupational or professional title, UHJLVWUDWLRQGHVFULEHGLQ256DQ\
all annual licenses issued to individuals by the determination regarding suspension of one
Oregon Liquor Control Commission, all driver OLFHQVHFHUWLÀFDWHSHUPLWRUUHJLVWUDWLRQLV
licenses or permits issued by the Department VXIÀFLHQWWRVXVSHQGDQ\RWKHUOLFHQVHFHUWLI-
of Transportation and recreational hunt- icate, permit or registration described in ORS
LQJDQGÀVKLQJOLFHQVHVDVGHÀQHGE\UXOH >FF@
of the Department of Justice, are subject to 25.774 Reinstatement. When, at any
suspension by the respective issuing entities WLPHDIWHUVXVSHQVLRQXQGHU256WR
XSRQ FHUWLÀFDWLRQ WR WKH LVVXLQJ HQWLW\ E\ WKHFRQGLWLRQVUHVXOWLQJLQWKHVXVSHQ-
the administrator that a child support case sion no longer exist, the administrator shall
record is being maintained by the Department VRQRWLI\WKHLVVXLQJHQWLW\DQGVKDOOFRQÀUP
of Justice, that the case is being enforced by WKDWWKHOLFHQVHFHUWLÀFDWHSHUPLWRUUHJLV-
the administrator under the provisions of ORS tration may be reinstated contingent upon
DQGWKDWRQHRUERWKRIWKHIROORZLQJ WKHUHTXLUHPHQWVRIWKHLVVXLQJHQWLW\8QWLO
FRQGLWLRQVDSSO\ the issuing entity receives notice under this
(a) That the party holding the license, cer- section, the issuing entity may not reinstate,
WLÀFDWHSHUPLWRUUHJLVWUDWLRQLVLQDUUHDUV reissue, renew or otherwise make the license,
under any child support judgment or order, in FHUWLÀFDWHSHUPLWRUUHJLVWUDWLRQDYDLODEOHWR
an amount equal to the greater of three months WKHKROGHURIWKHVXVSHQGHGOLFHQVHFHUWLÀFDWH
RIVXSSRUWRUDQG SHUPLWRUUHJLVWUDWLRQ>F
FFF@
(A) Has not entered into an agreement with
the administrator with respect to the child sup- 25.777 Reimbursing issuing entities
port obligation; or for costs incurred. The Department of Jus-
tice shall enter into agreements to reimburse
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the administrator that the person is subject PROVIDING MOTOR VEHICLES
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25.785 Issuing entities to require Social motor vehicle and the person receiving the
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or commission that is authorized to issue an indicates that the person receiving the motor
occupational, professional, recreational or vehicle is liable for any injury, death or damage
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extent feasible shall include the Social Security (4) The limitation on liability provided by
number in automated databases containing this section applies without regard to whether
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described in subsection (1) of this section may (5) Nothing in this section affects the lia-
accept a written statement from an individ- bility of a manufacturer, distributor, seller or
ual who has not been issued a Social Security lessor of a product under the provisions of ORS
number by the United States Social Security WR
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ment described in subsection (2) of this section increases, reduces or relates to the limitations
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preter in a criminal proceeding whenever it a different interpreter for the interpreter ini-
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Constitution, including the right to be present expenses incurred by a party in employing the
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(2) A fee may not be charged to any person LQWKHPDQQHUSURYLGHGE\25&3
for the appointment of an interpreter to inter- $FRXUWDKHDULQJRIÀFHURUWKHGHVLJQHH
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or witness, to interpret the proceedings to a serving as an interpreter for the court or
QRQ(QJOLVKVSHDNLQJSDUW\RUYLFWLPRUWR agency to state the person’s name on the record
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performing the duties and responsibilities of ,IWKHSHUVRQLVFHUWLÀHGXQGHU256
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not be charged to any person for the appoint- RDWKRUDIÀUPDWLRQUHTXLUHGE\256
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(c) By the state in a proceeding in a cir- ability to communicate effectively in the
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not payable from the Public Defense Services F´4XDOLÀHGLQWHUSUHWHUµPHDQVDSHUVRQ
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must be made in a manner consistent with the 45.285 Appointment of interpreter for
policies and notice requirements of the court party, witness or victim with disability;
or agency relating to the appointment and provision of assistive communication
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different interpreter for cause, the party using F´3HUVRQZLWKDGLVDELOLW\µPHDQVDSHUVRQ
any interpreter other than the interpreter orig- who cannot readily understand the proceed-
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impairment, or cannot communicate in the F F F
proceedings because of a physical speaking FF
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who is readily able to communicate with the interpreter required; exceptions; dis-
person with a disability, interpret the proceed- qualifications; code of professional
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statements of the person with a disability to VHFWLRQ
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responsible for providing an interpreter, in
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appropriate assistive communication devices an interpreter for a person with a disability,
whenever it is necessary to interpret the pro- or a person who meets the requirements of
ceedings to the person with a disability, or to 256IRUDQLQWHUSUHWHUIRUDQRQ(Q-
interpret the testimony of the person with a JOLVKVSHDNLQJSHUVRQ
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available appropriate assistive communication EHIRUHWKHFRXUWRUZKHQHYHUDKHDULQJRIÀ-
devices whenever it is necessary to interpret cer is required to appoint an interpreter in an
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section 42 or 43, of the Oregon Constitution, EHHQFHUWLÀHGXQGHU256,IQRFHUWL-
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(a) By the county, subject to the approval 7KHFRXUWKHDULQJRIÀFHURUWKHGHVLJ-
of the terms of the contract by the governing QHHRIWKHKHDULQJRIÀFHUPD\QRWDSSRLQWDQ\
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WKHFLW\LQDSURFHHGLQJLQDPXQLFLSDOFRXUW proceeding;
(c) By the state in a proceeding in a cir- (b) The person is unable to understand the
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not payable from the Public Defense Services or cannot be understood by the judge, hearing
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moneys appropriated to the Public Defense (c) The person is unable to work coopera-
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necessary for the purpose of communication RIÀFHUWKHSHUVRQLQQHHGRIDQLQWHUSUHWHURU
between appointed counsel and a client or WKHFRXQVHOIRUWKDWSHUVRQ
witness in a criminal case are payable from
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moneys appropriated to the Public Defense RISURIHVVLRQDOUHVSRQVLELOLW\IRULQWHUSUHWHUV
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(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 $UHFRUGLVVXIÀFLHQWWRGLVFODLPZDU-
VHFXUHGSDUW\ ranties under subsection (5) of this section if
(5) This section does not determine whether it indicates “There is no warranty relating to
an account debtor, bank or other person obli- title, possession, quiet enjoyment or the like
gated on collateral owes a duty to a secured LQWKLVGLVSRVLWLRQµRUXVHVZRUGVRIVLPLODU
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(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
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default, a secured party may require the debtor (3) To comply with subsection (2) of this
to assemble the collateral and make it available section, the secured party shall send an
to the secured party at a place to be designated DXWKHQWLFDWHGQRWLÀFDWLRQRIGLVSRVLWLRQWR
by the secured party which is reasonably con-
YHQLHQWWRERWKSDUWLHV>F@ (a) The debtor;
79.0610 UCC 9-610. Disposition of collat- (b) Any secondary obligor; and
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party may sell, lease, license or otherwise dis- JRRGV
pose of any or all of the collateral in its present (A) Any other person from which the secured
condition or following any commercially rea- SDUW\KDVUHFHLYHGEHIRUHWKHQRWLÀFDWLRQGDWH
VRQDEOHSUHSDUDWLRQRUSURFHVVLQJ DQDXWKHQWLFDWHGQRWLÀFDWLRQRIDFODLPRIDQ
(YHU\DVSHFWRIDGLVSRVLWLRQRIFROODWHUDO interest in the collateral;
including the method, manner, time, place and (B) Any other secured party or lienholder
RWKHUWHUPVPXVWEHFRPPHUFLDOO\UHDVRQDEOH WKDWGD\VEHIRUHWKHQRWLÀFDWLRQGDWHKHOG
,IFRPPHUFLDOO\UHDVRQDEOHDVHFXUHGSDUW\ a security interest in or other lien on the col-
may dispose of collateral by public or private ODWHUDOSHUIHFWHGE\WKHÀOLQJRIDÀQDQFLQJ
proceedings, by one or more contracts, as a VWDWHPHQWWKDW
unit or in parcels, and at any time and place
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$VHFXUHGSDUW\PD\SXUFKDVHFROODWHUDO (ii) Was indexed under the debtor’s name as
of that date; and
(a) At a public disposition; or
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(b) At a private disposition only if the col- ÀQDQFLQJVWDWHPHQWDJDLQVWWKHGHEWRUFRYHU-
lateral is of a kind that is customarily sold on ing the collateral as of that date; and
a recognized market or the subject of widely
GLVWULEXWHGVWDQGDUGSULFHTXRWDWLRQV (C) Any other secured party that, 10 days
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(4) A contract for sale, lease, license or other interest in the collateral perfected by com-
disposition includes the warranties relating pliance with a statute, regulation or treaty
to title, possession, quiet enjoyment and the GHVFULEHGLQ256
like which by operation of law accompany a
voluntary disposition of property of the kind (4) Subsection (2) of this section does not
VXEMHFWWRWKHFRQWUDFW apply if the collateral is perishable or threat-
ens to decline speedily in value or is of a type
(5) A secured party may disclaim or modify FXVWRPDULO\VROGRQDUHFRJQL]HGPDUNHW
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disclaim or modify the warranties in a volun- VXEVHFWLRQF%RIWKLVVHFWLRQLI
tary disposition of property of the kind subject
to the contract of disposition; or (a) Not later than 20 days or earlier than 30
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party requests, in a commercially reasonable
is the subject matter of a retail installment description of the motor vehicle including its
sale, is retained or taken by a motor vehicle PDNH\HDUPRGHOPRGHODQGLGHQWLÀFDWLRQ
dealer from a retail buyer as security, in whole numbers or marks, and shall be signed by the
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LQVWDOOPHQWFRQWUDFWµRU´FRQWUDFWµLQFOXGHVD (2) The printed portion of the contract shall
chattel mortgage, a conditional sales contract EHLQDWOHDVWSRLQWW\SH7KHFRQWUDFWVKDOO
and a contract for the bailment or leasing of contain in printing or writing of a size equal
a motor vehicle by which the bailee or lessee WRDWOHDVWSRLQWEROGW\SHWKHIROORZLQJ
contracts to pay as compensation for its use a
sum substantially equivalent to or in excess (a) Both at the top of the contract and
of its value and by which it is agreed that the directly above the space reserved for the
bailee or lessee is bound to become, or for no VLJQDWXUHRIWKHEX\HUWKHZRUGV´5(7$,/
other or for a merely nominal consideration has ,167$//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
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means a sale of a motor vehicle by a motor F7KHIROORZLQJQRWLFH
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 127,&(727+(%8<(5
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VXEVHFWLRQRIWKLVVHFWLRQ 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 RIWKHÀQDQFLQJDJHQF\LVNQRZQ
agreement entered into in this state between
a retail lessor and a retail lessee for the lease <RXDUHHQWLWOHGWRDFRS\RIWKLVFRQWUDFW
RIDPRWRUYHKLFOH7KHDJUHHPHQWVKDOOEHLQ You have the right to pay off in advance the
the form of a bailment or lease for the use of full amount due and to obtain a partial refund
a motor vehicle by an individual for personal, RIWKHÀQDQFHFKDUJH
family or household purposes, whether or not
the retail lessee has the option to purchase ___________________________________
or otherwise become the owner of the motor (3) The contract shall contain the following
YHKLFOHDWWKHH[SLUDWLRQRIWKHOHDVH 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 (b) The amount of the buyer’s down payment,
dealer who transfers an interest in or supplies itemizing the amounts, if any, paid or credited
a motor vehicle to a retail lessee, regardless in money or in goods and containing a brief
of whether or not the motor vehicle dealer is GHVFULSWLRQRIWKHJRRGVWUDGHGLQ
LGHQWLÀHGDVWKHUHWDLOOHVVRURQWKHUHWDLOOHDVH
DJUHHPHQW (c) The difference between the items set forth
LQSDUDJUDSKVDDQGERIWKLVVXEVHFWLRQ
´7LPHVDOHSULFHµPHDQVWKHDJJUHJDWH
of the cash sale price of the motor vehicle, the (d) The amount, if any, included for insur-
amount, if any, included for insurance and ance and other benefits, specifying the
RWKHUEHQHÀWVRIÀFLDOIHHVDQGWKHÀQDQFH FRYHUDJHVDQGEHQHÀWV)RUSXUSRVHVRIWKLV
FKDUJH>FF SDUDJUDSK ´RWKHU EHQHILWVµ LQFOXGHV DQ\
FDFF amounts actually paid or to be paid by the
FF@ motor vehicle dealer pursuant to an agreement
with the buyer to discharge a security interest,
83.520 Form and contents of retail OLHQRUOHDVHLQWHUHVWRQSURSHUW\WUDGHGLQ
installment contract. (1) A retail install-
ment contract shall be in writing, shall contain H7KHDPRXQWLIDQ\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- HRIWKLVVXEVHFWLRQ
cle dealer, the residence or place of business
RIWKHEX\HUDVVSHFLÀHGE\WKHEX\HUDQGD J7KHDPRXQWRIWKHÀQDQFHFKDUJH
(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 ment contract or other security agreement,
PRWRUYHKLFOHGHDOHURUÀQDQFLQJDJHQF\LI DVGHÀQHGLQ256DQGXSRQZULWWHQ
an amount for automobile or other insurance demand made by the buyer, the holder of such
on the motor vehicle is included in a retail contract or agreement shall mail to the buyer
installment contract, shall within 30 days after at the buyer’s last-known address, good and
execution of the retail installment contract VXIÀFLHQWLQVWUXPHQWVWRLQGLFDWHSD\PHQWLQ
send or cause to be sent to the buyer a policy full and to release all security in the motor
RUSROLFLHVRUFHUWLÀFDWHRILQVXUDQFHZULWWHQ YHKLFOH7KLVVHFWLRQLVVXSSOHPHQWDU\WRDQG
by an insurance company authorized to do LVQRWUHVWULFWLYHRI256DQG
business in this state, clearly setting forth the RURI256FKDSWHU>F
amount of the premium, the kind or kinds of FFF
insurance and the scope of the coverage and all F@
the terms, exceptions, limitations, restrictions 83.620 Voluntary prepayment by buyer;
and conditions of the contract or contracts of refund. (1) Notwithstanding the provisions of
LQVXUDQFH7KHEX\HURIDPRWRUYHKLFOHXQGHU a retail installment contract to the contrary,
a retail installment contract shall have the the buyer may pay in full at any time before
privilege of purchasing such insurance from maturity the obligation contained in the retail
an insurance producer of the selection of the LQVWDOOPHQWFRQWUDFW8SRQWKHSUHPDWXUHSD\-
buyer and of selecting an insurance com- PHQWWKHEX\HUVKDOOUHFHLYHDUHIXQGFUHGLW
pany acceptable to the motor vehicle dealer; The amount of the refund credit shall not be
provided, however, that the inclusion of the OHVVWKDQWKHWRWDOÀQDQFHFKDUJHWRPDWXULW\
insurance premium in the retail installment provided for in the contract, less the greater
contract when the buyer selects the insurance RI
producer or company, shall be optional with the D7HQSHUFHQWRIWKHDPRXQWÀQDQFHGRU
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 $7KHÀQDQFHFKDUJHHDUQHGWRWKHGDWHRI
was obtained for an amount included in the prepayment, computed by applying the effec-
retail installment contract is canceled, the tive rate on the contract to the actual principal
unearned insurance premium refund received balances outstanding, for the periods of time
by the holder of the contract shall be cred- VXFKEDODQFHVZHUHDFWXDOO\RXWVWDQGLQJ,Q
ited to the last maturing installments of the determining the effective rate, the holder may
retail installment contract except to the extent apply to the scheduled payments the actuarial
applied toward payment for similar insurance method by which each scheduled payment is
protecting the interests of the buyer or of the DSSOLHGÀUVWWRWKHDFFUXHGDQGXQSDLGÀQDQFH
EX\HUDQGWKHKROGHURIWKHFRQWUDFW> charges and any amount remaining is applied
FFF WRWKHUHGXFWLRQRIWKHSULQFLSDOEDODQFH
F@ %7KHÀQDQFHFKDUJHHDUQHGWRWKHLQVWDOO-
83.590 Delinquency and collection ment due date nearest the date of prepayment,
charges. The holder of a retail installment computed by applying the effective rate on the
contract, if the contract so provides, may col- contract to the actual principal balances out-
lect a delinquency charge on each installment standing, for the periods of time the balances
LQGHIDXOWIRUDSHULRGRIGD\VRUORQJHU ZHUHDFWXDOO\RXWVWDQGLQJ)RUSXUSRVHVRI
The delinquency charge for any installment rebate computations under this subparagraph,
VKDOOQRWH[FHHGÀYHSHUFHQWRIWKHGHOLQTXHQW the installment due date preceding the date of
LQVWDOOPHQW,QDGGLWLRQWRWKHGHOLQTXHQF\ prepayment shall be considered to be nearest
charge, the retail installment contract may if prepayment occurs 15 days or less after that
provide for the payment of reasonable collec- LQVWDOOPHQWGDWH,ISUHSD\PHQWRFFXUVPRUH
WLRQFRVWV7KHFROOHFWLRQFRVWVPD\LQFOXGHWKH than 15 days after the preceding installment
payment of reasonable attorney fees, if the con- due date, the next succeeding installment
tract is referred to an attorney not a salaried due date shall be considered to be nearest to
employee of the holder of the contract for col- WKHGDWHRISUHSD\PHQW,QGHWHUPLQLQJWKH
OHFWLRQSOXVWKHFRXUWFRVWVDQGGLVEXUVHPHQWV effective rate, the holder may apply to the
>FF@ scheduled payments the actuarial method, by
ZKLFKHDFKVFKHGXOHGSD\PHQWLVDSSOLHGÀUVW
83.600 Schedule of payments; receipts. WRWKHDFFUXHGDQGXQSDLGÀQDQFHFKDUJHVDQG
Upon written request from the buyer, the any amount remaining is applied to reduction
holder of a retail installment contract shall RIWKHSULQFLSDOEDODQFH
give or forward to the buyer a written state-
ment of the dates and amounts of payments (2) When the amount of the credit for prema-
made and the total amount unpaid on the con- ture payment is less than $2, no refund need
WUDFW$EX\HUVKDOOEHJLYHQDZULWWHQUHFHLSW EHPDGH
IRUDQ\SD\PHQWZKHQPDGHLQFDVK>
F@
(3) This section does not prohibit the holder removal outside the state of the motor vehicle
of a retail installment contract from collect- FRYHUHGE\WKHFRQWUDFW>F@
LQJDQ\FKDUJHFRVWRUIHHXQGHU256 83.670 Unenforceable contract provi-
>FFF sions. (1) No provision in a retail installment
FF@ contract for confession of judgment, power
83.630 Extension of scheduled due of attorney therefor, or wage assignment is
date; deferment of scheduled payment; HQIRUFHDEOH
UHÀQDQFH FKDUJH The holder of a retail (2) No provision in a retail installment con-
installment contract, upon agreement with tract that authorizes a motor vehicle dealer or
the buyer, may extend the scheduled due date holder of the contract or other person acting on
or defer the scheduled payment of all or part of the behalf of the motor vehicle dealer or holder
DQ\LQVWDOOPHQWRULQVWDOOPHQWV,QDQ\VXFK to enter upon the buyer’s premises unlawfully,
case, the holder may restate the amount of or to commit any breach of the peace in the
the installments and the time schedule there- UHSRVVHVVLRQRIDPRWRUYHKLFOHLVHQIRUFHDEOH
IRUDQGFROOHFWDVDUHÀQDQFHFKDUJHIRUWKH
H[WHQVLRQRUGHIHUPHQWDÁDWVHUYLFHIHHQRW (3) No provision in a retail installment
to exceed $15 and a total additional charge contract by which the buyer waives any right
on the balance being extended not exceeding of action against the motor vehicle dealer or
an amount equal to one-twelfth of the annual holder of the contract, or other person acting on
percentage rate originally charged on the the behalf of the motor vehicle dealer or holder,
agreement for each month the payments on for any illegal act committed in the collection
WKHDJUHHPHQWDUHEHLQJH[WHQGHGRUGHIHUUHG of payments under the contract or in the repos-
>FFF@ VHVVLRQRIWKHPRWRUYHKLFOHLVHQIRUFHDEOH
83.635 Acceptance of retail installment (4) No provision in a retail installment con-
contract by lender. ,IDUHWDLOLQVWDOOPHQW tract by which the buyer executes a power of
contract for the purchase of a motor vehicle attorney appointing the motor vehicle dealer or
PHHWV WKH UHTXLUHPHQWV RI 256 WR holder of the contract, or other person acting on
DQGFRQWDLQVLQIRUPDWLRQUHTXLUHGE\ the behalf of the motor vehicle dealer or holder,
federal law to be disclosed in a retail install- as the buyer’s agent in collection of payments
ment contract for the purchase of a motor under the contract or in the repossession of the
vehicle, the retail installment contract shall PRWRUYHKLFOHLVHQIRUFHDEOH
be accepted for consideration by any lender, (5) No provision in a retail installment con-
except for lenders licensed and regulated under tract relieving the motor vehicle dealer from
the provisions of ORS chapter 725, to whom liability for any legal remedies that the buyer
application for credit relating to the retail may have had against the motor vehicle dealer
LQVWDOOPHQWFRQWUDFWLVPDGH>F@ under the contract, or any separate instrument
83.650 Effect of negotiation of notes on executed in connection therewith, is enforce-
rights against motor vehicle dealer. (1) DEOH>FF
No retail installment contract shall require @
or entail the execution, by the buyer, of any 83.680 Waiver of provisions of ORS
note or series of notes, which when separately 83.510 to 83.680. Any waiver of the provisions
negotiated will cut off as against third parties RI256WRVKDOOEHXQHQIRUFHDEOH
any right of action or defense which the buyer DQGYRLG>F@
PD\KDYHDJDLQVWWKHPRWRUYHKLFOHGHDOHU
(2) The rights of a holder in due course of any Miscellaneous
negotiable instrument executed contrary to
subsection (1) of this section are not impaired 'HÀQLWLRQVIRU256DQG
by reason of the violation of subsection (1) of 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
RIWKHYLRODWLRQRIVXEVHFWLRQRIWKLVVHFWLRQ 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\ ´0RWRUYHKLFOHµPHDQVDPRWRUYHKLFOHDV
fees to the prevailing party in an action under GHÀQHGLQ256SXUFKDVHGSULPDULO\IRU
WKLVVHFWLRQ>FF personal, family or household purposes and not
F@ SULPDULO\IRUEXVLQHVVRUFRPPHUFLDOSXUSRVHV
83.660 Acceleration provision. No provi- (4) A loan is made “in close connection with
sion in a retail installment contract by which, DVDOHRIJRRGVRUPRWRUYHKLFOHVµLI
in the absence of the buyer’s default, the holder (a) The lender directly or indirectly controls,
may, arbitrarily and without reasonable cause, is controlled by or is under common control
accelerate the maturity of any part or all of the with the seller or motor vehicle dealer, unless
WLPHEDODQFHLVHQIRUFHDEOH7KLVVHFWLRQGRHV the relationship is remote and is not a factor
not prohibit provisions in a retail installment in the transaction;
contract accelerating any part or all of the
time balance in the event of sale or transfer, or
(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, ,IDOHQGHUZKRPDNHVDORDQLQFORVH
other than payment of the proceeds of the loan connection with a sale of goods or motor vehi-
jointly to the seller or motor vehicle dealer and cles negotiates or assigns any note or other
the borrower; instrument taken as evidence of the obligation
(c) The lender is related to the seller or motor of the borrower, the holder of the note or other
vehicle dealer by blood or marriage; instrument shall be subject to the claims or
(d) The seller or motor vehicle dealer directly defenses of the borrowers set forth in subsec-
and materially assists the buyer in obtaining WLRQRIWKLVVHFWLRQ+RZHYHUWKHOLDELOLW\RI
the loan; the holder of the note or other instrument to the
borrower shall not exceed the amount owing
(e) The seller or motor vehicle dealer pre- to the lender exclusive of unearned interest at
pares documents that are given to the lender WKHWLPHWKHFODLPRUGHIHQVHLVDVVHUWHG
and used in connection with the loan; or
,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
D7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\ 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
E7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\ 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 IRUWKLQVXEVHFWLRQRIWKLVVHFWLRQ+RZHYHU
proceeds of the lease; the liability of the holder of the note or other
F7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\LV instrument to a retail lessee shall not exceed
related to the motor vehicle dealer by blood or WKHDPRXQWRZLQJWRWKHÀQDQFLQJDJHQF\
marriage; exclusive of unearned interest at the time the
FODLPRUGHIHQVHLVDVVHUWHG>F
(d) The motor vehicle dealer directly or F@
materially assists the retail lessee in obtain-
ing the lease; 83.875 Definitions for ORS 83.875,
83.880, 83.890 and 83.895. As used in ORS
(e) The motor vehicle dealer prepares doc- DQG
uments that are given to the retail lessor or
ÀQDQFLQJDJHQF\DQGXVHGLQFRQQHFWLRQZLWK ´*RRGVµKDVWKHPHDQLQJIRUWKDWWHUP
the lease; or SURYLGHGLQ256
I7KHUHWDLOOHVVRURUÀQDQFLQJDJHQF\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>FF@ ´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 ´6HUYLFHVµKDVWKHPHDQLQJJLYHQWKDW
is subject to all claims and defenses of the bor- WHUPLQ256>FF
rower that the borrower as buyer has against F@
the seller or motor vehicle dealer arising out of 83.880 Sale of motor vehicles, goods or
the sale, notwithstanding any agreement to the services as time sale rather than loan.
FRQWUDU\+RZHYHUWKHOHQGHU·VOLDELOLW\WRWKH A retail installment contract or retail charge
borrower shall not exceed the amount owing agreement for the sale of motor vehicles, goods
EHKDOIRIWKHWHQDQW7KHODQGORUGPD\UHWDLQ LVIRURWKHUWKDQWKHVWRUDJHRIDFKDWWHO
the chattels until the amount of rent and if the lien claimant incurs expenses in stor-
DGYDQFHVLVSDLG>FF ing the chattel prior to foreclosure, the lien
F@ claimant may charge reasonable fees for the
87.166 Attachment of liens. ([FHSWDV storage of the chattel for a period not exceed-
provided in subsection (2) of this section, the ing six months from the date that the lien
OLHQVFUHDWHGE\256WRDWWDFKWR DWWDFKHVWRWKHFKDWWHO$OLHQFODLPDQWVHHNLQJ
WKHFKDWWHOVGHVFULEHGLQWKRVHVHFWLRQVZKHQ to recover storage fees for storage expenses
incurred prior to foreclosure shall send a writ-
(a) The services or labor are performed or ten notice, within 20 days from the date that
the materials or money are furnished by the the storage fees began to accrue, to the lien
lien claimant to the lien debtor; and debtor and every other person that requires
(b) The charges for the services or labor per- QRWLÀFDWLRQXQGHU2567KHFODLPDQW
formed and materials or money furnished are VKDOOWUDQVPLWWKHQRWLFHE\FHUWLÀHGPDLO$
due and the lien debtor either knows or should SHUVRQQRWLÀHGXQGHU256QHHGQRW
UHDVRQDEO\NQRZWKDWWKHFKDUJHVDUHGXH receive the notice within the 20-day period, but
ZLWKLQDUHDVRQDEOHWLPH,IWKHOLHQFODLPDQW
7KHOLHQFUHDWHGE\256DWWDFKHV fails to comply with the notice requirements
to the chattels described in that section on of this subsection, the lien claimant is limited
the 20th day after rents or advances occur or to recovering reasonable fees for the storage of
attaches when the occupant or tenant attempts the chattel prior to foreclosure for a period of
to remove the chattels from the premises while time not exceeding 20 days from the date that
WKHUHDUHXQSDLGUHQWVRUDGYDQFHV$SHUVRQ WKHOLHQDWWDFKHGWRWKHFKDWWHO
FODLPLQJDOLHQXQGHU256PD\WDNHWKH
chattels subject to that lien into the possession :KHQWKHOLHQFODLPHGXQGHU256
of the person when the lien attaches or at any WRLVIRUWKHVWRUDJHRIDFKDWWHOWKHOLHQ
WLPHWKHUHDIWHU>F@ claimant shall send a written notice stating
that storage fees are accruing, within 20 days
87.172 Time period before foreclosure after the chattel has been placed in storage,
allowed. ([FHSWDVRWKHUZLVHSURYLGHGLQ to the lien debtor and every other person that
this section, a person claiming a lien under UHTXLUHVQRWLÀFDWLRQXQGHU2567KH
256WRPXVWUHWDLQWKHFKDWWHO FODLPDQWVKDOOWUDQVPLWWKHQRWLFHE\FHUWLÀHG
WKDWLVVXEMHFWWRWKHOLHQIRUDWOHDVWGD\V PDLO$SHUVRQQRWLÀHGXQGHU256QHHG
after the lien attaches to the chattel before not receive the notice within the 20-day period,
IRUHFORVLQJWKHOLHQ EXWZLWKLQDUHDVRQDEOHWLPH,IWKHFODLPDQW
([FHSWDVRWKHUZLVHSURYLGHGLQWKLVVXE- fails to comply with the notice requirements of
section, a person claiming a lien under ORS this subsection, the amount of the claimant’s
IRUFRVWRIFDUHPDWHULDOVDQGVHUYLFHV lien shall be limited to a sum equal to the rea-
bestowed on an animal must retain the animal sonable storage expenses incurred within the
for at least 30 days after the lien attaches to GD\SHULRG>FF@
WKHDQLPDOEHIRUHIRUHFORVLQJWKHOLHQ,IWKH 87.177 Bond or deposit of money for lien
lien is for veterinary services to a domestic for storage of chattel; amount; notice to
animal, the person must retain the animal for OLHQFODLPDQWÀOLQJDIÀGDYLWZLWKFRXQW\
DWOHDVWÀYHGD\VDIWHUWKHOLHQDWWDFKHVWRWKH RIÀFHU(1) When a lien claimed under ORS
DQLPDOEHIRUHIRUHFORVLQJWKHOLHQ$VXVHGLQ WRLVIRUWKHVWRUDJHRIDFKDWWHO
WKLVVXEVHFWLRQ´GRPHVWLFDQLPDOµPHDQVDQ and the amount of the lien claimed is $750 or
DQLPDOWKDWLVQRWOLYHVWRFNDVGHÀQHGLQ256 more, the lien debtor, or any other interested
DQGIRUZKLFKWKHYHWHULQDU\VHUYLFHV SHUVRQPD\ÀOHZLWKWKHUHFRUGLQJRIÀFHURI
were requested by an owner or other person the county in which the lien claimant obtained
with apparent authority regarding care of the possession of the chattel subject to the lien
DQLPDO from the lien debtor a bond executed by a corpo-
(3) A person claiming a lien under ORS ration authorized to issue surety bonds in the
IRU WKH FRVW RI UHPRYLQJ WRZLQJ RU State of Oregon to the effect that the principal
storage of a vehicle that is appraised by a or principals on the bond shall pay the amount
SHUVRQZKRKROGVDFHUWLÀFDWHLVVXHGXQGHU of the claim and all costs and attorney fees that
256WRKDYHDYDOXHRI are awarded against the chattel on account of
WKHOLHQ7KHERQGVKDOOEHLQDQDPRXQWQRW
(a) $1,000 or less but more than $500, must less than 200 percent of the amount claimed
retain the vehicle at least 30 days after the lien XQGHUWKHOLHQIRUWKHVWRUDJHRIWKHFKDWWHO
attaches to the vehicle before foreclosing the
OLHQ D,QOLHXRIWKHVXUHW\ERQGSURYLGHG
for in subsection (1) of this section, when a
(b) $500 or less, must retain the vehicle at OLHQFODLPHGXQGHU256WRLVIRU
least 15 days after the lien attaches to the vehi- the storage of a chattel and the amount of the
FOHEHIRUHIRUHFORVLQJWKHOLHQ>F lien claimed is $750 or more, the lien debtor,
FFF or any other interested person, may deposit
FFF with the treasurer of the county in which the
F@ lien claimant obtained possession of the chattel
87.176 Fees for storage of chattel; notice subject to the lien from the lien debtor a sum of
to lien debtor; effect of failure to comply. money or its equivalent equal in value to 200
:KHQWKHOLHQFODLPHGXQGHU256WR
87.182 Effect of prior security interest subsection, in a public place at the location
on method of foreclosure. (1) When a lien where the lien claimant obtained possession of
FUHDWHGE\256LVVXERUGLQDWHWRDSULRU WKHFKDWWHOWREHVROGIURPWKHOLHQGHEWRU7KH
duly perfected security interest in a chattel IROORZLQJDSSO\WRQRWLFHXQGHUWKLVVXEVHFWLRQ
DVSURYLGHGLQ256WKHOLHQFUHDWHG (a) The lien claimant shall give notice under
E\256VKDOOEHIRUHFORVHGE\VXLWDV this subsection not later than the time required
SURYLGHGLQ256FKDSWHU for notice to a lien debtor under subsection (1)
([FHSWDVSURYLGHGLQVXEVHFWLRQRI RIWKLVVHFWLRQ
WKLVVHFWLRQOLHQVFUHDWHGE\256WR (b) This subsection does not require the lien
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ORS chapter 88, or by sale of the chattel sub- the lien claimant obtained the chattel if the
ject to the lien at public auction to the highest chattel is a chattel for which the Department
ELGGHUIRUFDVK>F@ RI7UDQVSRUWDWLRQKDVLVVXHGDFHUWLÀFDWHRI
87.186 Location of foreclosure sale. WLWOHXQGHU256IRUZKLFKWKH6WDWH
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in which the lien claimant obtained possession 'HSDUWPHQWRI$YLDWLRQUHTXLUHVDFHUWLÀFDWH
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87.192 Notice of foreclosure sale to sale is something other than an abandoned
lien debtor; public notice. (1)(a) Before a vehicle and has a fair market value of $1,000
lien claimant forecloses by sale a lien created or more, or if the chattel to be sold is an aban-
XQGHU256WRWKHOLHQFODLPDQW doned vehicle and has a fair market value of
shall give notice of the foreclosure sale to the $2,500 or more, the lien claimant, in addition
OLHQGHEWRUE\ÀUVWFODVVPDLOZLWKFHUWLÀFDWH to the notice required by subsection (2) of this
RIPDLOLQJUHJLVWHUHGPDLORUFHUWLÀHGPDLO section, shall have a notice of foreclosure sale
sent to the lien debtor at the lien debtor’s last- printed once a week for two successive weeks
NQRZQDGGUHVV7KHOLHQFODLPDQWVKDOOJLYH LQDGDLO\RUZHHNO\QHZVSDSHUDVGHÀQHGLQ
QRWLFHRIWKHIRUHFORVXUHVDOHWRWKHOLHQGHEWRU 256SXEOLVKHGLQWKHFRXQW\LQZKLFK
$([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
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towing or storing a vehicle that a person who (4) The notice of foreclosure sale required
KROGVDFHUWLÀFDWHLVVXHGXQGHU256 under this section must contain a particular
has appraised at a value of $1,000 or less, at description of the property to be sold, the name
OHDVWGD\VEHIRUHWKHIRUHFORVXUHVDOH of the owner or reputed owner of the property,
the amount due on the lien, the time and the
E,IWKHFKDWWHOWREHVROGDWDIRUHFORVXUH place of the sale and the name of the person
sale is chattel for which the Department of IRUHFORVLQJWKHOLHQ>FF
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'HSDUWPHQWRI$YLDWLRQUHTXLUHVDFHUWLÀFDWHRI 87.196 Notice of foreclosure sale to
UHJLVWUDWLRQXQGHU256WKHOLHQFODLP- secured parties; effect of notice; effect
ant shall include with the notice described in of failure to give notice. (1)(a) A lien claim-
paragraph (a) of this subsection a copy of an ant that forecloses by sale a lien created under
invoice, work or repair order, authorization 256WRVKDOOJLYHQRWLFHRIWKH
IRUWRZLQJRIÀFLDOIRUPWKDWDXWKRUL]HVDODZ IRUHFORVXUHVDOHE\ÀUVWFODVVUHJLVWHUHGRU
enforcement agency to impound the chattel or FHUWLÀHGPDLO7KHIROORZLQJDSSO\
any other record or document that is evidence (A) The lien claimant shall give notice to all
RIWKHEDVLVIRUWKHOLHQ SHUVRQVWKDWKDYHÀOHGDÀQDQFLQJVWDWHPHQW
F,IDOLHQFODLPDQWIDLOVWRJLYHQRWLFHLQ LQWKHRIÀFHRIWKH6HFUHWDU\RI6WDWHRULQWKH
accordance with this subsection to a lien debtor RIÀFHRIWKHDSSURSULDWHFRXQW\RIÀFHURIWKH
concerning chattel described in paragraph (b) county in which the sale is held, to perfect a
of this subsection, the lien claimant is liable VHFXULW\LQWHUHVWLQWKHFKDWWHOWREHVROG
to the lien debtor for a sum equal to the fair (B) Notwithstanding subparagraph (A) of
market value of the chattel sold at the foreclo- this paragraph, if the chattel to be sold at the
VXUHVDOH7KHOLHQGHEWRUPD\EULQJDQDFWLRQ foreclosure sale is a chattel, other than part of
to recover the sum and reasonable attorney the motor vehicle inventory of a dealer issued a
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(2) The lien claimant shall give public notice for which the Department of Transportation
of the foreclosure sale by posting notice of the KDVLVVXHGDFHUWLÀFDWHRIWLWOHXQGHU256
foreclosure sale in a public place at or near IRUZKLFKWKH6WDWH0DULQH%RDUG
the front door of the county courthouse of the requires a certificate of title under ORS
county in which the sale is to be held and, RUIRUZKLFKWKH2UHJRQ'HSDUWPHQW
except as provided in paragraph (b) of this RI$YLDWLRQUHTXLUHVDFHUWLÀFDWHRIUHJLVWUDWLRQ
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rized to practice medicine or osteopathy under 97.955 Purpose of anatomical gift; per-
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´3URFXUHPHQWRUJDQL]DWLRQµPHDQVDQ 256DGRQRUPD\PDNHDQDQDWRPLFDO
eye bank, organ procurement organization or gift of a donor’s body or body part during the
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ual who is dead or near death and has been (2) An anatomical gift may be made in the
determined by a procurement organization to PDQQHUSURYLGHGLQ256E\
have a body part that could be medically suit- (a) The donor, if the donor is an adult or if
able for transplantation, therapy, research or WKHGRQRULVDPLQRUDQGLV
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be contacted by a procurement organization for an instruction driver permit because the
without undue effort and willing and able to donor is at least 15 years of age;
act in a timely manner consistent with existing (b) An agent of the donor, unless the power
medical criteria necessary for the making of of attorney for health care or other record pro-
DQDQDWRPLFDOJLIW 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
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inscribed on a tangible medium or that is
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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
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(c) During a terminal illness or injury of the
(a) To execute or adopt a tangible symbol; or donor, by any form of communication addressed
(b) To attach to or logically associate with to at least two adults, at least one of whom is
the record an electronic symbol, sound or a disinterested witness;
SURFHVV (d) By a donor card or other record signed
´6WDWHµPHDQVDVWDWHRIWKH8QLWHG by the donor or other person making the gift;
States, the District of Columbia, Puerto Rico, or
WKH8QLWHG6WDWHV9LUJLQ,VODQGVRUDQ\WHU- (e) By authorizing that a statement, symbol
ritory or insular possession subject to the or designation indicating that the donor has
MXULVGLFWLRQRIWKH8QLWHG6WDWHV made an anatomical gift is to be included on
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cess body parts by an appropriate organization PDNHDQDQDWRPLFDOJLIWXQGHU256LV
that is licensed, accredited or regulated under physically unable to sign a record, the record
IHGHUDORUVWDWHODZ7KHWHUPLQFOXGHVDQ may be signed by another individual at the
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´ 7LVVXHµ PHDQV D SRUWLRQ RI WKH (a) Be witnessed by at least two adults, at
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The term does not include blood unless the who have signed at the request of the donor or
blood is donated for the purpose of research the other person; and
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(b) State that it has been signed and wit-
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licensed, accredited or regulated under federal VXEVHFWLRQ
or state law to engage in the recovery, screen-
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card upon which an anatomical gift is indi-
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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
organization shall make a reasonable search making of anatomical gifts authorized by the
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priority to make an anatomical gift on behalf 7KHGRQRUUHJLVWU\PXVW
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zation receives information that an anatomical (a) Allow a donor or other person authorized
gift to any other person was made, amended XQGHU256WRLQFOXGHRQWKHGRQRUUHJ-
or revoked, it shall promptly advise the other istry a statement or symbol that the donor has
SHUVRQRIDOOUHOHYDQWLQIRUPDWLRQ made, amended or revoked an anatomical gift;
6XEMHFWWR256DQG (b) Be accessible to a procurement organi-
the rights of the person to whom a body part zation to allow the procurement organization
SDVVHVXQGHU256DUHVXSHULRUWRWKH to obtain relevant information on the donor
rights of all others with respect to the body registry to determine, at or near death of the
SDUW7KHSHUVRQPD\DFFHSWRUUHMHFWDQDQD- donor or a prospective donor, whether the donor
WRPLFDOJLIWLQZKROHRULQSDUW6XEMHFWWRWKH or prospective donor has made, amended or
WHUPVRIWKHGRFXPHQWRIJLIWDQG256 revoked an anatomical gift; and
WRDSHUVRQZKRDFFHSWVDQDQDWRPLFDO (c) Be accessible for purposes of this subsec-
gift of an entire body may allow embalming, WLRQVHYHQGD\VDZHHNRQDKRXUEDVLV
burial or cremation and use of remains in a
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the person to whom the body part passes under the donor registry about a donor or prospective
256XSRQWKHGHDWKRIWKHGRQRUDQG donor may not be used or disclosed without
before embalming, burial or cremation, shall the express consent of the donor, prospective
cause the body part to be removed without donor or person who made the anatomical gift
XQQHFHVVDU\PXWLODWLRQ for any purpose other than to determine, at or
near death of the donor or prospective donor,
(9) Neither the physician who attends the whether the donor or prospective donor has
decedent at death nor the physician who deter- PDGHDPHQGHGRUUHYRNHGDQDQDWRPLFDOJLIW
mines the time of the decedent’s death may >FF@
participate in the procedures for removing or
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(10) A physician or technician may remove
from the body of a donor a donated body part
WKDWWKHSK\VLFLDQRUWHFKQLFLDQLVTXDOLÀHG Chapter 98
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DISPOSITION OF UNLAWFULLY
NoteEEHFRPHVRSHUDWLYH0DUFK
6HHVHFWLRQFKDSWHU2UHJRQ PARKED VEHICLES AND
/DZV ABANDONED VEHICLES
Note6HHQRWHXQGHU 'HÀQLWLRQVIRU256WR
98.818, 98.830, 98.835 and 98.840. As used in
97.977 Donor registry; duty of Depart- WKLVVHFWLRQDQG256WR
ment of Transportation to cooperate with DQG
donor registry. (1)(a) The Oregon Health
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
VXEVHFWLRQVDQGRIWKLVVHFWLRQ 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, ´3URVFULEHGSURSHUW\µPHDQVDQ\SDUW
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(b) When requested by the organ procure- (a) Where a reasonable person would con-
ment organization that has established the clude that parking is not normally permitted
donor registry in this state, the department at all or where a land use regulation prohibits
shall electronically transfer to the organ pro- parking; or
curement organization the name, address,
birthdate and donor designation listed on the (b) That is used primarily for parking at
GULYHUOLFHQVHRULGHQWLÀFDWLRQFDUGRIDSHUVRQ DGZHOOLQJXQLW$VXVHGLQWKLVSDUDJUDSK
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organization shall treat the information trans- WLDOGZHOOLQJRUDGXSOH[
IHUUHGIURPWKHGHSDUWPHQWDVFRQÀGHQWLDODQG ´7RZHUµPHDQVDSHUVRQLVVXHGDWRZLQJ
may use the information only to expedite the EXVLQHVVFHUWLÀFDWHXQGHU256
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>FFD@ 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 receipt of the information from the state motor
stating that the vehicle will be towed if it is not vehicle agency to notify the owner of the towed
UHPRYHG7KHQRWLFHUHTXLUHGE\WKLVVXEVHF- vehicle or any other person with an interest in
tion must remain on the vehicle for 72 hours WKHWRZHGYHKLFOHDVLQGLFDWHGE\WKHFHUWLÀ-
EHIRUHWKHYHKLFOHPD\EHUHPRYHG 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
ZLWKVXEVHFWLRQRIWKLVVHFWLRQ>F period between storage of the towed vehicle
F@ and receipt of information from the state motor
vehicle agency for towage, care and storage of
98.835 Immunity from civil liability WKHWRZHGYHKLFOH
for towing abandoned vehicle; lien for
towage, care and storage charges; notice (3) The lien created by subsection (2) of this
requirements. (1) A tower who tows a vehi- 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
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out by a person purporting to be the owner or FF@
a person in lawful possession of the private 98.840 Towing vehicle alternative to
SURSHUW\IURPZKLFKWKHYHKLFOHLVWRZHG7KLV procedure in ORS 98.810 to 98.818. The
subsection does not grant immunity for any SURFHGXUH DXWKRUL]HG E\ 256 DQG
loss, damage or injury arising out of any neg- IRU UHPRYDO RI DEDQGRQHG YHKLFOHV
ligent or willful damage to, or destruction of, from private property may be used by persons
the vehicle that occurs during the course of the GHVFULEHGLQ256DVDQDOWHUQDWLYHWR
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(2) The tower who tows a vehicle pursu- >FFD@
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towed vehicle and its contents for the tower’s
MXVWDQGUHDVRQDEOHFKDUJHV7KHWRZHUPD\ Chapter 114
retain possession of the towed vehicle until the
just and reasonable charges for the towage,
care and storage of the towed vehicle have been ADMINISTRATION OF
paid if the tower complies with the following SMALL ESTATES
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(a) The tower shall notify the local law 114.560. $VXVHGLQ256WR
enforcement agency of the location of the towed
vehicle within one hour after the towed vehicle ´$IÀDQWµPHDQVWKHSHUVRQRUSHUVRQV
is placed in storage; VLJQLQJDQDIÀGDYLWÀOHGXQGHU256
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2UHJRQWKHWRZHUVKDOOJLYHQRWLFHE\ÀUVW D,IWKHGHFHGHQWGLHGLQWHVWDWHWKHKHLU
FODVVPDLOZLWKDFHUWLÀFDWHRIPDLOLQJZLWKLQ or heirs of the decedent, or if there is no heir,
15 days after the towed vehicle is placed in an estate administrator of the Department of
storage, to the owner of the towed vehicle and 6WDWH/DQGVDSSRLQWHGXQGHU256
any other person with an interest in the towed
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 256GZKRKDVQRWEHHQSDLGRU
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
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meets the requirements of subsection (2) of DIÀGDYLW$VXSSOHPHQWDODIÀGDYLWPD\QRWEH
this section, any of the following persons may ÀOHGLIE\UHDVRQRIWKHDGGLWLRQDOSURSHUW\
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court in any county where there is venue for a limitation imposed by subsection (2) of this
proceeding seeking the appointment of a per- VHFWLRQLVH[FHHGHG>F
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GHFHGHQWUHFHLYHGSXEOLFDVVLVWDQFHDVGHÀQHG intestate and without heirs; rules. ,I
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it appears that the assistance or the cost of XQOHVVWKHFUHGLWRUKDVUHFHLYHGZULW-
care may be recovered from the estate of the ten authorization from an estate administrator
GHFHGHQW of the Department of State Lands appointed
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(a) The fair market value of the estate is FRQVHQWWRWKHÀOLQJRIDQDIÀGDYLWXQGHU256
$275,000 or less; E\DFUHGLWRURQO\LILWDSSHDUVDIWHU
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(b) Not more than $75,000 of the fair market
value of the estate is attributable to personal (2) A creditor of an estate who is subject to
property; and subsection (1) of this section may give writ-
ten notice to an estate administrator of the
(c) Not more than $200,000 of the fair Department of State Lands informing the
market value of the estate is attributable to estate administrator that the creditor intends
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$QDIÀGDYLWXQGHUWKLVVHFWLRQPD\QRW receiving the notice permitted by this subsec-
EHÀOHGXQWLOGD\VDIWHUWKHGHDWKRIWKH tion, the estate administrator shall investigate
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30 days after receiving the notice required by
$QDIÀGDYLWÀOHGXQGHUWKHSURYLVLRQV this subsection, the estate administrator shall
of this section must contain the information HLWKHU
UHTXLUHGLQ256DQGVKDOOEHPDGHD
SDUWRIWKHSUREDWHUHFRUGV,IWKHDIÀDQWLVDQ (a) Give written authorization to the creditor
attorney approved by the Director of Human IRUWKHÀOLQJRIDQDIÀGDYLWE\WKHFUHGLWRU
Services or the Director of the Oregon Health XQGHU256RU
Authority, a copy of the document approving E,QIRUPWKHFUHGLWRUWKDWWKH'HSDUWPHQW
WKHDWWRUQH\PXVWEHDWWDFKHGWRWKHDIÀGDYLW RI6WDWH/DQGVZLOOÀOHDQDIÀGDYLWDVFODLPLQJ
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this section, the fair market value of the entire ,IDGHFHGHQWGLHVLQWHVWDWHDQGZLWKRXW
interest in the property included in the estate heirs, a creditor of an estate who is a claiming
shall be used without reduction for liens or VXFFHVVRUDQGZKRÀOHVDQDIÀGDYLWXQGHU256
RWKHUGHEWV PXVWQRWDWHDWWKHWRSRIWKHDIÀGDYLW
7KH FOHUN RI WKH SUREDWH FRXUW VKDOO WKDWWKHDIÀGDYLWLVEHLQJÀOHGE\DFUHGLWRURI
charge and collect the fee established under WKHHVWDWH,IWKHDIÀGDYLWFRQWDLQVWKHQRWDWLRQ
256IRUWKHÀOLQJRIDQ\DIÀGDYLWXQGHU required by this subsection, the clerk of the
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$Q\HUURURURPLVVLRQLQDQDIÀGDYLWÀOHG YLWZULWWHQDXWKRUL]DWLRQIRUWKHÀOLQJRIWKH
XQGHUWKLVVHFWLRQPD\EHFRUUHFWHGE\ÀOLQJ DIÀGDYLWE\WKHFUHGLWRUIURPDQHVWDWHDGPLQ-
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WKHÀOLQJRIWKHDIÀGDYLW written authorization may be a copy of a mem-
orandum of an interagency agreement between
the Department of State Lands and another (12) State that claims against the estate
VWDWHDJHQF\>FF@ 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 ,IWKHDIÀGDYLWOLVWVRQHRUPRUHFODLPV
description of any real property; WKDWWKHDIÀDQWGLVSXWHVVWDWHWKDWDQ\VXFK
FODLPPD\EHEDUUHGXQOHVV
(4) State that no application or petition for
the appointment of a personal representative (a) A petition for summary determination
has been granted in Oregon; LVÀOHGZLWKLQIRXUPRQWKVRIWKHÀOLQJRIWKH
DIÀGDYLWRU
(5) State whether the decedent died testate
or intestate, and if the decedent died testate, (b) A personal representative of the estate
WKHZLOOVKDOOEHDWWDFKHGWRWKHDIÀGDYLW is appointed within the time allowed under
256>FF
/LVWWKHKHLUVRIWKHGHFHGHQWDQGWKHODVW FFF
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WKHGDWHRIÀOLQJDQGDFRS\RIWKHZLOOLIWKH FFF
decedent died testate, will be delivered to each F@
heir or mailed to the heir at the last-known
address; 114.535 Transfer of decedent’s prop-
HUW\WRDIÀDQWSURFHHGLQJVWRFRPSHO
,IWKHGHFHGHQWGLHGWHVWDWHOLVWWKHGHYL- transfer. (1) Not sooner than 10 days after
sees of the decedent and the last address of WKHÀOLQJRIDQDIÀGDYLWXQGHU256
HDFKGHYLVHHDVNQRZQWRWKHDIÀDQWDQGVWDWH WKHDIÀDQWPD\GHOLYHUDFHUWLÀHGFRS\RIWKH
WKDWDFRS\RIWKHZLOODQGDFRS\RIWKHDIÀGDYLW DIÀGDYLWWRDQ\SHUVRQZKRZDVLQGHEWHGWR
VKRZLQJWKHGDWHRIÀOLQJZLOOEHGHOLYHUHGWR the decedent or who has possession of personal
each devisee or mailed to the devisee at the SURSHUW\EHORQJLQJWRWKHHVWDWH([FHSWDV
last-known address; provided in this section, upon receipt of the
(8) State the interest in the property copy, the person shall pay, transfer, deliver,
GHVFULEHGLQWKHDIÀGDYLWWRZKLFKHDFKKHLU provide access to and allow possession of the
or devisee is entitled and the interest, if any, SHUVRQDOSURSHUW\WRWKHDIÀDQW
that will escheat; 6XEMHFWWR256LIDFRS\RIDQ
(9) State that reasonable efforts have been DIÀGDYLWLVGHOLYHUHGXQGHUVXEVHFWLRQRI
PDGHWRDVFHUWDLQFUHGLWRUVRIWKHHVWDWH/LVW this section to a person that controls access to
the expenses of and claims against the estate personal property belonging to the estate of the
remaining unpaid or on account of which decedent, including personal property held in
WKHDIÀDQWRUDQ\RWKHUSHUVRQLVHQWLWOHGWR a safe deposit box for which the decedent was
reimbursement from the estate, including the sole lessee or the last surviving lessee, the
the known or estimated amounts thereof and SHUVRQVKDOO
the names and addresses of the creditors as D3URYLGHWKHDIÀDQWZLWKDFFHVVWRWKH
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 DIÀGDYLW LV GHOLYHUHG XQGHU VXEVHFWLRQ
RIHDFKSHUVRQNQRZQWRWKHDIÀDQWWRDVVHUW of this section to a person who has received
DFODLPDJDLQVWWKHHVWDWHWKDWWKHDIÀDQW SURSHUW\RIWKHGHFHGHQWXQGHU256
disputes and the known or estimated amount $RURUDVLPLODU
WKHUHRIDQGVWDWHWKDWDFRS\RIWKHDIÀGDYLW statute providing for the transfer of property of
VKRZLQJWKHGDWHRIÀOLQJZLOOEHGHOLYHUHGWR an estate that is not being probated, the person
each such person or mailed to the person at shall pay, transfer, deliver, provide access to or
the last-known address; DOORZSRVVHVVLRQRIWKHSURSHUW\WRWKHDIÀDQWLI
the person would be required to pay, transfer,
6WDWHWKDWDFRS\RIWKHDIÀGDYLWVKRZ- deliver, provide access to or allow possession
LQJWKHGDWHRIÀOLQJZLOOEHPDLOHGRUGHOLYHUHG of the property to a personal representative of
to the Department of Human Services or to the WKHHVWDWH
Oregon Health Authority, as prescribed by rule
by the authority; (4) Any person that pays, transfers, deliv-
ers, provides access to or allows possession of
property of a decedent in the manner provided
by this section is discharged and released from summary determination of the claim by the
any liability or responsibility for the property FRXUW$FUHGLWRURIWKHGHFHGHQWZKRVHFODLP
in the same manner and with the same effect LVOLVWHGLQWKHDIÀGDYLWDVGLVSXWHGPD\ZLWKLQ
as if the property had been transferred, deliv- IRXUPRQWKVDIWHUWKHÀOLQJRIWKHDIÀGDYLWÀOH
ered or paid to a personal representative of the with the probate court a petition for summary
HVWDWHRIWKHGHFHGHQW determination of the creditor’s claim by the
(5) A transfer agent of any corporate secu- FRXUW7KHFRXUWVKDOOKHDUWKHPDWWHUZLWKRXW
rity registered in the name of the decedent DMXU\DIWHUQRWLFHWRWKHFUHGLWRUDQGDIÀDQW
shall change the registered ownership on the and any interested person may be heard in the
books of the corporation to the person entitled SURFHHGLQJ7KHFODLPPD\EHSURYHGDVSUR-
WKHUHWRRQSUHVHQWDWLRQRIDFHUWLÀHGFRS\RI YLGHGLQ2568SRQWKHKHDULQJWKH
WKHDIÀGDYLWÀOHGXQGHU256 court shall determine the claim in a summary
manner and shall make an order allowing or
,IDSHUVRQWRZKRPDQDIÀGDYLWLVGHOLY- GLVDOORZLQJWKHFODLPLQZKROHRULQSDUW,I
ered refuses to pay, deliver, transfer, provide the court allows the claim in whole or in part,
access to or allow possession of any personal WKHRUGHUVKDOOGLUHFWWKHDIÀDQWWRWKHH[WHQW
property as required by this section, the prop- of property of the estate allocable to the pay-
erty may be recovered or payment, delivery, PHQWRIWKHFODLPSXUVXDQWWR256
transfer of or access to the property may be or any claiming successor to whom payment,
compelled upon proof of the transferee’s entitle- delivery or transfer has been made under ORS
ment in a proceeding brought for the purpose WRDVDSHUVRQHQWLWOHGWKHUHWR
E\RURQEHKDOIRIWKHWUDQVIHUHH DVGLVFORVHGLQWKHDIÀGDYLWWRWKHH[WHQWRI
,IWKHDIÀGDYLWZDVVLJQHGE\WKH'LUHFWRU the value of the property received, to pay to
of Human Services, the Director of the Oregon WKHFUHGLWRUWKHDPRXQWVRDOORZHG1RDSSHDO
Health Authority or an attorney approved may be taken from the order of the court made
XQGHU256WKH'LUHFWRURI+XPDQ XSRQWKHVXPPDU\GHWHUPLQDWLRQ>F
Services, the Director of the Oregon Health FF@
Authority or the attorney may certify a copy 'XWLHVRISHUVRQÀOLQJDIÀGD-
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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
DIÀGDYLWLVÀOHGXQGHU256FODLPV PDLOHGGHOLYHUHGRUUHFRUGHG
DJDLQVWWKHHVWDWHPXVWEHÀOHGZLWKLQIRXU (c) May open one or more deposit accounts
PRQWKVDIWHUWKHÀOLQJRIWKHDPHQGHGDIÀGD- LQDÀQDQFLDOLQVWLWXWLRQDVGHÀQHGLQ256
YLW,IDVXSSOHPHQWDODIÀGDYLWLVÀOHGXQGHU ZLWK IXQGV RI WKH GHFHGHQW XSRQ
256FODLPVDJDLQVWWKHHVWDWH 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 GRIWKLVVXEVHFWLRQ
$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 $([SHQVHVGHVFULEHGLQ256
disallowance of the claim in whole or in part to EDQGFDQGOLVWHGLQWKHDIÀGDYLW
WKHFODLPDQWDQGDQ\DWWRUQH\IRUWKHFODLPDQW
A notice of disallowance of a claim shall inform (B) Claims listed in the affidavit as
the claimant that the claim has been disal- undisputed;
lowed in whole or in part and, to the extent &$OORZHGFODLPVSUHVHQWHGWRWKHDIÀDQW
GLVDOORZHGZLOOEHEDUUHGXQOHVV ZLWKLQWKHWLPHSHUPLWWHGE\256
(a) The claimant proceeds as provided in and
subsection (3) of this section; or (D) Claims which the probate court directs
(b) A personal representative is appointed WKHDIÀDQWWRSD\
ZLWKLQWKHWLPHDOORZHGXQGHU256 (e) Shall pay claims and expenses under
(3) A creditor of the estate whose claim has paragraph (d) of this subsection in the order
been presented within the time permitted by RISULRULW\SUHVFULEHGE\256
subsection (1) of this section and disallowed by (f) May transfer or sell any vehicle that is
WKHDIÀDQWPD\ZLWKLQGD\VDIWHUWKHGDWH part of the estate before the completion of the
of mailing or delivery of the notice of disallow- SHULRGHVWDEOLVKHGXQGHU256LIWKH
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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\ $FRPSODLQWRULQIRUPDWLRQPD\EHÀOHG
ZLWK WKH UHTXLUHPHQWV RI 256 WR with the court before or after the issuance of a
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XQGHU256DVXPPDU\UHYLHZRI in this section affects the requirement that a
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ment of a personal representative for the estate FKDUJHG
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F@ (4) More than one crime may be charged in
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dant is to be charged with driving while under
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Chapter 133 DVHSDUDWHFULPLQDOFLWDWLRQPXVWEH
used for the charge of driving while under the
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ARREST AND RELATED not be used to charge the defendant with the
PROCEDURES FRPPLVVLRQRIDQ\RWKHUFULPH
General Provisions (5) Uniform citation forms for crimes shall
be adopted by the Supreme Court under ORS
3HDFHRIÀFHUFRPPXQLW\FDUH- ,QDGRSWLQJWKRVHIRUPVWKH6XSUHPH
taking functions. ([FHSWDVRWKHUZLVH Court may combine the requirements for
H[SUHVVO\SURKLELWHGE\ODZDQ\SHDFHRIÀFHU criminal citations under this section and the
is authorized to perform community caretaking requirements for violation citations under ORS
IXQFWLRQV $FULPHDQGDYLRODWLRQPD\QRWEH
(2) As used in this section, “community care- FKDUJHGRQWKHVDPHFLWDWLRQIRUP>F
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DUHLQKHUHQWLQWKHGXW\RIWKHSHDFHRIÀFHUWR 133.068 Contents of criminal citation
VHUYHDQGSURWHFWWKHSXEOLF´&RPPXQLW\FDUH- issued without complaint. A criminal cita-
WDNLQJIXQFWLRQVµLQFOXGHVEXWLVQRWOLPLWHG tion issued without a form of complaint must
WR FRQWDLQ
(a) The right to enter or remain upon the (1) The name of the court at which the cited
premises of another if it reasonably appears SHUVRQLVWRDSSHDU
WREHQHFHVVDU\WR
7KHQDPHRIWKHSHUVRQFLWHG
(A) Prevent serious harm to any person or
property; (3) A brief description of the offense for
which the person is charged, the date, time and
(B) Render aid to injured or ill persons; or place at which the offense occurred, the date
&/RFDWHPLVVLQJSHUVRQV on which the citation was issued, and the name
RIWKHSHDFHRIÀFHUZKRLVVXHGWKHFLWDWLRQ
E7KHULJKWWRVWRSRUUHGLUHFWWUDIÀFRUDLG
motorists or other persons when such action (4) The date, time and place at which the
UHDVRQDEO\DSSHDUVWREHQHFHVVDU\WR person cited is to appear in court, and a sum-
PRQVWRVRDSSHDU
(A) Prevent serious harm to any person or
property; (5) Whether a complaint or information had
EHHQÀOHGZLWKWKHFRXUWDWWKHWLPHWKHFLWD-
(B) Render aid to injured or ill persons; or WLRQZDVLVVXHG
&/RFDWHPLVVLQJSHUVRQV ,IWKHDUUHVWZDVPDGHE\DSULYDWHSDUW\
(3) Nothing contained in this section shall WKHQDPHRIWKHDUUHVWLQJSHUVRQ
be construed to limit the authority of a peace 7KHIROORZLQJ
RIÀFHUWKDWLVLQKHUHQWLQWKHRIÀFHRUWKDWLV
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Criminal Citations This citation is not a complaint or an infor-
PDWLRQ$FRPSODLQWRUDQLQIRUPDWLRQPD\EH
133.066 Criminal citations generally. (1) ÀOHGDQG\RXZLOOEHSURYLGHGDFRS\WKHUHRIDW
A criminal citation may include a complaint or WKHWLPHRI\RXUÀUVWDSSHDUDQFH<RX0867
PD\EHLVVXHGZLWKRXWDIRUPRIFRPSODLQW,ID DSSHDULQFRXUWDWWKHWLPHVHWLQWKHFLWDWLRQ
criminal citation is issued without a complaint, ,)<28)$,/72$33($5$1'$&20-
the citation must be in the form provided by 3/$,1725,1)250$7,21+$6%((1
256,IDFULPLQDOFLWDWLRQLVLVVXHG ),/('7+(&2857:,//,00(',$7(/<
with a complaint, the citation must be in the ,668($:$55$17)25<285$55(67
IRUPSURYLGHGE\256
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(2) A criminal citation may be issued with a >F@
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
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 $FRXUWPD\DOORZHOHFWURQLFÀOLQJRI
E7KHQDPHRIWKHSHUVRQFLWHG criminal citations as described under subsec-
WLRQRIWKLVVHFWLRQ3URFHGXUHVHVWDEOLVKHG
(c) A complaint containing at least the WRDOORZHOHFWURQLFÀOLQJRIFULPLQDOFLWDWLRQV
IROORZLQJ under this section shall be established by court
(A) The name of the court, the name of the rule and shall include procedures necessary to
state or of the city or other public body in whose HQVXUHWKDW
name the action is brought and the name of the D$QHOHFWURQLFDOO\ÀOHGFULPLQDOFLWDWLRQ
GHIHQGDQW with or without a form of complaint includes
(B) A statement or designation of the crime all information required on a uniform citation
that can be readily understood by a person adopted by the Supreme Court under ORS
making a reasonable effort to do so and the +RZHYHUDQHOHFWURQLFDOO\ÀOHGFULPLQDO
date, time and place at which the crime is citation containing all required information,
DOOHJHGWRKDYHEHHQFRPPLWWHG but of a different size or format than a uniform
citation adopted by the Supreme Court under
&$IRUPRIFHUWLÀFDWHLQZKLFKWKHSHDFH 256VKDOOQRWEHSURKLELWHGE\RUIRXQG
RIÀFHUPXVWFHUWLI\WKDWWKHSHDFHRIÀFHUKDV in violation of a rule established under this
VXIÀFLHQWJURXQGVWREHOLHYHDQGGRHVEHOLHYH VXEVHFWLRQ
that the person named in the complaint com-
PLWWHGWKHRIIHQVHVSHFLÀHGLQWKHFRPSODLQW E$QHOHFWURQLFDOO\ÀOHGFULPLQDOFLWDWLRQ
$ FHUWLÀFDWH FRQIRUPLQJ WR WKLV VXESDUD- ZLWKRUZLWKRXWDIRUPRIFRPSODLQWLVYHULÀDEOH
graph shall be deemed equivalent to a sworn DVEHLQJÀOHGE\DVSHFLÀFSHDFHRIÀFHU
FRPSODLQW (c) Members of the public can obtain copies of
(d) The date on which the citation was and review a criminal citation with or without
LVVXHGDQGWKHQDPHRIWKHSHDFHRIÀFHUZKR DIRUPRIFRPSODLQWWKDWLVHOHFWURQLFDOO\ÀOHG
LVVXHGWKHFLWDWLRQ and maintained under this section in the same
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(e) The date, time and place at which the SDSHU
person cited is to appear in court, and a sum-
PRQVWRVRDSSHDU (3) For a criminal citation with a form of
FRPSODLQW LVVXHG XQGHU 256 WKH
I,IWKHDUUHVWZDVPDGHE\DSULYDWHSDUW\ district attorney’s review required by ORS
WKHQDPHRIWKHDUUHVWLQJSHUVRQ DQGLIQHFHVVDU\DPHQGPHQWVIRU
(2) The district attorney for the county shall OHJDOVXIÀFLHQF\PXVWEHFRPSOHWHGEHIRUHWKH
review any criminal citation issued with a form HOHFWURQLFÀOLQJRIWKHFLWDWLRQZLWKWKHIRUP
RIFRPSODLQWWKDWLVWREHÀOHGLQDFLUFXLWRU of complaint is made with a court under this
MXVWLFHFRXUW7KHUHYLHZPXVWEHGRQHEHIRUH VHFWLRQ>FF@
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Warrant Of Arrest
,IWKHFRPSODLQWGRHVQRWFRQIRUPWRWKH
requirements of this section, the court shall set 133.110 Issuance; citation. ,IDQLQIRU-
the complaint aside upon motion of the defen- PDWLRQRUDFRPSODLQWKDVEHHQÀOHGZLWKWKH
GDQWPDGHEHIRUHHQWU\RIDSOHD$SUHWULDO PDJLVWUDWHDQGWKHPDJLVWUDWHLVVDWLVÀHG
ruling on a motion to set aside may be appealed that there is probable cause to believe that the
E\WKHVWDWH SHUVRQKDVFRPPLWWHGWKHFULPHVSHFLÀHGLQ
the information or complaint, the magistrate
(4) A court may amend a complaint at its VKDOOLVVXHDZDUUDQWRIDUUHVW,IWKHRIIHQVH
GLVFUHWLRQ>FF is subject to issuance of a criminal citation
F@ XQGHU256WKHFRXUWPD\DXWKRUL]H
(OHFWURQLFÀOLQJRIFULPLQDO DSHDFHRIÀFHUWRLVVXHDQGVHUYHDFULPLQDO
citation; court rules. (1) Notwithstanding FLWDWLRQLQOLHXRIDUUHVW>$PHQGHGE\
256DSHDFHRIÀFHUIROORZLQJSUR- FFF
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criminal citation with or without a form of 133.120 Authority to issue warrant. (1)
complaint with the court by electronic means, A judge of the Supreme Court or the Court of
ZLWKRXWDQDFWXDOVLJQDWXUHRIWKHRIÀFHULQ Appeals may issue a warrant of arrest for any
OLHXRIÀOLQJDGXSOLFDWHSDSHUFRS\RIWKHFLWD- crime committed or triable within the state,
WLRQ$FULPLQDOFLWDWLRQÀOHGXQGHUWKLVVHFWLRQ and any other magistrate mentioned in ORS
may be of a different size or format than a PD\LVVXHDZDUUDQWIRUDQ\FULPH
uniform citation adopted by the Supreme committed or triable within the territorial
&RXUWXQGHU256$SHDFHRIÀFHUZKR MXULVGLFWLRQRIWKHPDJLVWUDWH·VFRXUW
ÀOHVDFULPLQDOFLWDWLRQXQGHUWKLVVHFWLRQLV
deemed to certify the citation and any com- (2) Notwithstanding subsection (1) of this
SODLQWLQFOXGHGZLWKWKHFLWDWLRQE\WKDWÀOLQJ section, a circuit court judge duly assigned
and has the same rights, responsibilities and SXUVXDQWWR256WRVHUYHDVDMXGJHSUR
tempore in a circuit court may issue a warrant
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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(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- FULPHSXUVXDQWWR256ZKHWKHU
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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-
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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-
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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
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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
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PD\EHHIIHFWHGE\ FULPH
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warrant for violations of conditions of proba- G:KHQWKHIHGHUDORIÀFHUKDVUHFHLYHG
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(5) A private person; or telegraph, teletype, radio, facsimile machine or
RWKHUDXWKRULWDWLYHVRXUFHWKDWDSHDFHRIÀFHU
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SHUVRQWREHDUUHVWHGRIWKHIHGHUDORIÀFHU·V WKHWHUPVRIWKDWRUGHU
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,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 WRWKHRIÀFHUDQGUHSUHVHQWVWRWKHRIÀFHUWKDW
under this section without unnecessary delay the order supplied is the most recent order in
shall take the arrested person before a magis- effect between the parties and that the person
trate or deliver the arrested person to a peace restrained by the order has been personally
RIÀFHU 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 E7KHSHDFHRIÀFHUKDVSUREDEOHFDXVHWR
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 (a) The person protected by a foreign
for a nonfederal offense under the circum- UHVWUDLQLQJRUGHUDVGHÀQHGE\256
stances provided in this section shall have the KDVÀOHGDFRS\RIWKHIRUHLJQUHVWUDLQLQJRUGHU
same immunity from suit as a state or local ZLWKDFRXUWRUKDVEHHQLGHQWLÀHGE\WKHRIÀFHU
ODZHQIRUFHPHQWRIÀFHU as a party protected by a foreign restraining
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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
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(b) The person has failed to comply with a
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maximum penalty allowed by law is equal to FFF
or greater than the maximum penalty allowed FFF
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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
RIÀFHU·VMXULVGLFWLRQ DUUHVWSXUVXDQWWR256RU
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custody a person without a warrant when the
SHDFHRIÀFHUKDVSUREDEOHFDXVHWREHOLHYHWKDW 1RSHDFHRIÀFHUVKDOOEHFULPLQDOO\RU
civilly liable for any arrest made under ORS
(a) There exists an order issued pursuant LIWKHRIÀFHUUHDVRQDEO\EHOLHYHV
WR256FRUG WKDW
RU%UHVWUDLQLQJWKH (a) A document or other writing supplied to
person; WKHRIÀFHUXQGHU256LVDQDFFX-
rate copy of a foreign restraining order as
(b) A true copy of the order and proof of ser- GHÀQHGE\256DQGLVWKHPRVWUHFHQW
YLFHRQWKHSHUVRQKDVEHHQÀOHGDVUHTXLUHG order in effect between the parties; and
LQ256
RU%DQG (b) The person restrained by the order has
been personally served with a copy of the order
RUKDVDFWXDOQRWLFHRIWKHRUGHU>F ´8QLGHQWLÀHGKXPDQUHPDLQVµGRHVQRW
VXEVHFWLRQHQDFWHGDVF LQFOXGHKXPDQUHPDLQVWKDWDUHXQLGHQWLÀHG
F@ human remains that are part of an archaeolog-
NoteZDVHQDFWHGLQWRODZE\ ical site or suspected of being Native American
the Legislative Assembly but was not added and covered under ORS chapters 97 and 390
to or made a part of ORS chapter 133 or any DQG256WR>FD
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- FFF
ace to Oregon Revised Statutes for further F@
H[SODQDWLRQ 146.035 State Medical Examiner; per-
sonnel; records; right to examine records.
(1) There is established within the Department
RI6WDWH3ROLFHWKH6WDWH0HGLFDO([DPLQHU·V
Chapter 146 RIÀFHIRUWKHSXUSRVHRIGLUHFWLQJDQGVXSSRUW-
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INVESTIGATION OF DEATHS 7KH 6WDWH 0HGLFDO ([DPLQHU VKDOO
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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
´$VVLVWDQWGLVWULFWPHGLFDOH[DPLQHUµ (a) File and maintain appropriate reports
means a physician appointed by the district RQDOOGHDWKVUHTXLULQJLQYHVWLJDWLRQ
medical examiner to investigate and certify (b) Maintain an accurate list of all active
GHDWKVZLWKLQDFRXQW\RUGLVWULFW district medical examiners, assistant dis-
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EDVLFGLVHDVHSURFHVVRULQMXU\HQGLQJOLIH SDWKRORJLVWV
´'HDWKUHTXLULQJLQYHVWLJDWLRQµPHDQV (c) Transmit monthly to the Department
the death of a person occurring in any one of of Transportation a report for the preceding
WKHFLUFXPVWDQFHVVHWIRUWKLQ256 calendar month of all information obtained
XQGHU256
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person appointed by the district medical exam- 1RWZLWKVWDQGLQJ256
iner to assist in the investigation of deaths (a) Any parent, spouse, sibling, child or
ZLWKLQDFRXQW\ personal representative of the deceased, or
´'LVWULFWPHGLFDOH[DPLQHUµPHDQVD any person who may be criminally or civilly
physician appointed by the State Medical liable for the death, or their authorized rep-
([DPLQHUWRLQYHVWLJDWHDQGFHUWLI\GHDWKV resentatives respectively, may examine and
within a county or district, including a Deputy obtain copies of any medical examiner’s report,
6WDWH0HGLFDO([DPLQHU autopsy report or laboratory test report ordered
E\DPHGLFDOH[DPLQHUXQGHU256
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department, police department established by shall have access to reports described in this
DXQLYHUVLW\XQGHU256RUDQG VXEVHFWLRQDVSURYLGHGLQ256>
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LQGHDWK 146.045 Duties of State Medical Exam-
iner. (1) After consultation with the State
´0DQQHURIGHDWKµPHDQVWKHGHVLJQD- 0HGLFDO([DPLQHU$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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(a) Assume control of a death investigation investigation, order samples of blood or urine
LQFRRSHUDWLRQZLWKWKHGLVWULFWDWWRUQH\ WDNHQIRUODERUDWRU\DQDO\VLV
(b) Order an autopsy in a death requiring (2) When a death requiring an investigation
LQYHVWLJDWLRQ as a result of a motor vehicle accident occurs
(c) Certify the cause and manner of a death ZLWKLQÀYHKRXUVDIWHUWKHDFFLGHQWDQGWKH
UHTXLULQJLQYHVWLJDWLRQ deceased is over 13 years of age, a blood sample
shall be taken and forwarded to an approved
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DGHDWKUHTXLULQJLQYHVWLJDWLRQ samples shall be analyzed for the presence
(e) Order a body exhumed in a death requir- and quantity of ethyl alcohol, and if considered
LQJLQYHVWLJDWLRQ QHFHVVDU\E\WKH6WDWH0HGLFDO([DPLQHUWKH
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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
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mine whether the information is credible and, in chapter 743, Oregon Laws 1971, and ORS
LIVRFRPSOHWHDQGÀOHDUHSRUWRIGHDWKIRU XQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH
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is determined not to be credible, the State ´'DQJHURXVZHDSRQµPHDQVDQ\ZHDSRQ
0HGLFDO([DPLQHUPD\FRQWLQXHWKHGHDWK device, instrument, material or substance
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F@ used, attempted to be used or threatened to
be used, is readily capable of causing death or
146.090 Deaths requiring investigation. VHULRXVSK\VLFDOLQMXU\
(1) The medical examiner shall investigate and
certify the cause and manner of all human ´'HDGO\ZHDSRQµPHDQVDQ\LQVWUXPHQW
GHDWKV DUWLFOHRUVXEVWDQFHVSHFLÀFDOO\GHVLJQHGIRU
and presently capable of causing death or seri-
(a) Apparently homicidal, suicidal or RXVSK\VLFDOLQMXU\
occurring under suspicious or unknown
circumstances; ´'HDGO\SK\VLFDOIRUFHµPHDQVSK\VLFDO
force that under the circumstances in which
(b) Resulting from the unlawful use of it is used is readily capable of causing death
controlled substances or the use or abuse of RUVHULRXVSK\VLFDOLQMXU\
chemicals or toxic agents;
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(c) Occurring while incarcerated in any jail,
correction facility or in police custody; (a) A member of the Oregon State Police;
(d) Apparently accidental or following an (b) A sheriff, constable, marshal, municipal
injury; SROLFHRIÀFHURUUHVHUYHRIÀFHUDVGHÀQHGLQ
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(e) By disease, injury or toxic agent during E\DXQLYHUVLW\XQGHU256RU
or arising from employment;
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(f) While not under the care of a physician Division of the Department of Justice or inves-
during the period immediately previous to WLJDWRURIDGLVWULFWDWWRUQH\·VRIÀFH
death;
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(g) Related to disease which might consti- 256$
tute a threat to the public health; or
(e) A regulatory specialist exercising author-
K,QZKLFKDKXPDQERG\DSSDUHQWO\KDV LW\GHVFULEHGLQ256
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(2) As used in this section, “offensive GHÀQHGLQ256$DQG
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146.113 Authority to order removal of ´3HUVRQµPHDQVDKXPDQEHLQJDQG
ERG\ÁXLGV(1) A medical examiner or dis- where appropriate, a public or private cor-
trict attorney may, in any death requiring poration, an unincorporated association, a
partnership, a government or a governmental
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161.545 “Misdemeanor” described. A D%HOHVVWKDQWKHSUHVXPSWLYHÀQHHVWDE-
crime is a misdemeanor if it is so designated in OLVKHGE\256IRUD&ODVV$YLRODWLRQ
any statute of this state or if a person convicted or
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(4) A prosecuting attorney may not elect
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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
G8QFODVVLÀHGPLVGHPHDQRUV prosecuting attorney under a county charter in
7KH SDUWLFXODU FODVVLÀFDWLRQ RI HDFK the case of county ordinance offenses, and the
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GHÀQLQJWKHFULPH$QRIIHQVHGHÀQHGRXWVLGH ZLWKLQWKHMXULVGLFWLRQRIWKH$WWRUQH\*HQHUDO
this code which, because of the express sen- >FFF
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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 the court or by law; and
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within the time allowed, the case shall proceed ,IWKHFRXUWWUHDWVDPLVGHPHDQRUDVD
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misdemeanor as a Class A violation under this UHÁHFWWKHFKDUJHGRIIHQVHDVD&ODVV$YLROD-
section, the court shall amend the accusatory tion and clearly denominate the offense as a
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Class A violation and clearly denominate the WKHPDWWHU
offense as a Class A violation in any judgment 1RWZLWKVWDQGLQJ256LIWKH
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conviction of a violation under this section may may impose under a default judgment entered
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or or
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,IDSURVHFXWLQJDWWRUQH\HOHFWVWRWUHDW (4) A court may not treat misdemeanors
a misdemeanor as a Class A violation under FUHDWHGXQGHU256RUDVYLR-
this section, and the defendant fails to make ODWLRQVXQGHUWKHSURYLVLRQVRIWKLVVHFWLRQ
any required appearance in the matter, the >FFF
court may enter a default judgment against F@
the defendant in the manner provided by ORS 161.570 Felony treated as misdemeanor.
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ÀQHWKDWWKHFRXUWPD\LPSRVHXQGHUDGHIDXOW has the meaning given that term in the rules
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(2) A district attorney may elect to treat a (c) Upon revocation of probation, the court
Class C nonperson felony or a violation of ORS imposes a sentence of imprisonment other than
DRUDVD&ODVV to the legal and physical custody of the Depart-
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by the district attorney orally or in writing at (d) Upon revocation of probation, the court
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DRUDVD&ODVV$PLVGH- misdemeanor, either at the time of imposing
meanor under this subsection, the court shall a sentence of probation, upon suspension of
DPHQGWKHDFFXVDWRU\LQVWUXPHQWWRUHÁHFWWKH imposition of a part of a sentence, or on appli-
FKDUJHGRIIHQVHDVD&ODVV$PLVGHPHDQRU 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
DRUWKHGLVWULFWDWWRUQH\ other sentence upon conviction and defendant
and the defendant agree to treat the charged is thereafter discharged without any other
offense as a Class A misdemeanor, the court VHQWHQFH
may allow the offense to be treated as a Class (g) Without imposing a sentence of probation
$PLVGHPHDQRUE\VWLSXODWLRQRIWKHSDUWLHV and without imposing any other sentence, the
,ID&ODVV&IHORQ\RUDYLRODWLRQRI256 court declares the offense to be a misdemeanor
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a Class A misdemeanor under this section, the (3) The provisions of this section shall apply
court shall clearly denominate the offense as a only to persons convicted of a felony committed
Class A misdemeanor in any judgment entered SULRUWR1RYHPEHU>F
LQWKHPDWWHU FFF
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WKLVVHFWLRQWKHFDVHSURFHHGVDVDIHORQ\
Disposition of Offenders
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election under subsection (2) of this section, the 161.605 Maximum prison terms for
district attorney shall adopt written guidelines felonies. The maximum term of an indeter-
for determining when and under what circum- minate sentence of imprisonment for a felony
VWDQFHVWKHHOHFWLRQPD\EHPDGH7KHGLVWULFW LVDVIROORZV
DWWRUQH\VKDOODSSO\WKHJXLGHOLQHVXQLIRUPO\
)RUD&ODVV$IHORQ\\HDUV
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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 161.610 Enhanced penalty for use of
IRUWKHFODVVRIIHORQ\UHFHLYLQJ&ODVV$ ÀUHDUP GXULQJ FRPPLVVLRQ RI IHORQ\
PLVGHPHDQRUWUHDWPHQW>F pleading; minimum penalties; suspension
FFF or reduction of penalty. (1) As used in this
F@ VHFWLRQ´ÀUHDUPµKDVWKHPHDQLQJJLYHQWKDW
&ODVVLÀFDWLRQRIFHUWDLQFULPHV WHUPLQ256
determined by punishment. (1) When a 7KHXVHRUWKUHDWHQHGXVHRIDÀUHDUP
crime punishable as a felony is also punish- whether operable or inoperable, by a defen-
able by imprisonment for a maximum term dant during the commission of a felony may
RIRQH\HDURUE\DÀQHWKHFULPHVKDOOEH be pleaded in the accusatory instrument and
classed as a misdemeanor if the court imposes proved at trial as an element in aggravation
a punishment other than imprisonment under RIWKHFULPHDVSURYLGHGLQWKLVVHFWLRQ:KHQ
256 a crime is so pleaded, the aggravated nature
(2) Notwithstanding the provisions of ORS of the crime may be indicated by adding the
XSRQFRQYLFWLRQRIDFULPHSXQLVKDEOH ZRUGV ´ZLWK D ÀUHDUPµ WR WKH WLWOH RI WKH
as described in subsection (1) of this section, RIIHQVH 7KH XQDJJUDYDWHG FULPH VKDOO EH
the crime is a felony for all purposes until one FRQVLGHUHGDOHVVHULQFOXGHGRIIHQVH
of the following events occurs, after which (3) Notwithstanding the provisions of ORS
occurrence the crime is a misdemeanor for all RUDQGH[FHSWDVRWKHUZLVH
SXUSRVHV SURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQLI
(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-
(b) Without imposing a sentence of proba- YLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ([FHSW
WLRQWKHFRXUWLPSRVHVDÀQH DV SURYLGHG LQ 256 DQG
work release or any form of temporary leave shelter or medical care that is likely to endan-
RUHPSOR\PHQWDWDIRUHVWRUZRUNFDPS ger the health or welfare of a child under 14
(c) At any time after completion of a min- \HDUVRIDJHRUDGHSHQGHQWSHUVRQ7KLVSDUD-
imum period of confinement pursuant to graph is not intended to replace or affect the
paragraph (b) of this subsection, the State duty or standard of care required under ORS
Board of Parole and Post-Prison Supervision, FKDSWHU
XSRQWKHSHWLWLRQRIDSULVRQHUVRFRQÀQHG F´3DWWHUQRUSUDFWLFHµPHDQVRQHRUPRUH
shall hold a hearing to determine if the pris- SUHYLRXVHSLVRGHV
oner is likely to be rehabilitated within a G´7RUWXUHµPHDQVWKHLQWHQWLRQDOLQÁLF-
UHDVRQDEOHSHULRGRIWLPH7KHVROHLVVXHLV tion of intense physical pain upon an unwilling
whether the prisoner is likely to be rehabil- victim as a separate objective apart from any
LWDWHGZLWKLQDUHDVRQDEOHSHULRGRIWLPH$W RWKHUSXUSRVH>FF
WKHKHDULQJWKHSULVRQHUKDV FFF
(A) The burden of proving by a prepon- FFF
derance of the evidence the likelihood of FFF
rehabilitation within a reasonable period of FFF
time; FF@
(B) The right, if the prisoner is without 163.118 Manslaughter in the first
VXIÀFLHQWIXQGVWRHPSOR\DQDWWRUQH\WREH degree. (1) Criminal homicide constitutes
represented by legal counsel, appointed by the PDQVODXJKWHULQWKHÀUVWGHJUHHZKHQ
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- E,WLVFRPPLWWHGLQWHQWLRQDOO\E\DGHIHQ-
poena issued on behalf of the prisoner must be GDQWXQGHUWKHLQÁXHQFHRIH[WUHPHHPRWLRQDO
issued by the State Board of Parole and Post- GLVWXUEDQFHDVSURYLGHGLQ256ZKLFK
Prison Supervision pursuant to rules adopted constitutes a mitigating circumstance reducing
E\WKHERDUG the homicide that would otherwise be murder
G,IXSRQKHDULQJDOORIWKHHYLGHQFHWKH WRPDQVODXJKWHULQWKHÀUVWGHJUHHDQGQHHG
board, upon a unanimous vote of three board not be proved in any prosecution;
members or, if the chairperson requires all (c) A person recklessly causes the death of
voting members to participate, a unanimous a child under 14 years of age or a dependent
YRWHRIDOOYRWLQJPHPEHUVÀQGVWKDWWKHSULV- SHUVRQDVGHÀQHGLQ256DQG
oner is capable of rehabilitation and that the
WHUPVRIWKHSULVRQHU·VFRQÀQHPHQWVKRXOGEH (A) The person has previously engaged in a
changed to life imprisonment with the possibil- pattern or practice of assault or torture of the
ity of parole, release to post-prison supervision victim or another child under 14 years of age
or work release, it shall enter an order to that or a dependent person; or
effect and the order shall convert the terms of (B) The person causes the death by neglect
WKHSULVRQHU·VFRQÀQHPHQWWROLIHLPSULVRQPHQW RUPDOWUHDWPHQWDVGHÀQHGLQ256
with the possibility of parole, release to post- or
prison supervision or work release and may
VHWDUHOHDVHGDWH2WKHUZLVHWKHERDUGVKDOO G,WLVFRPPLWWHGUHFNOHVVO\RUZLWKFULP-
GHQ\WKHUHOLHIVRXJKWLQWKHSHWLWLRQ inal negligence by a person operating a motor
YHKLFOHZKLOHXQGHUWKHLQÁXHQFHRILQWR[LFDQWV
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petition, the board shall determine the date of
the subsequent hearing, and the prisoner may (A) The person has at least three previous
petition for an interim hearing, in accordance FRQYLFWLRQVIRUGULYLQJZKLOHXQGHUWKHLQÁX-
ZLWK256 HQFHRILQWR[LFDQWVXQGHU256RULWV
statutory counterpart in any jurisdiction, in
I7KHERDUG·VÀQDORUGHUVKDOOEHDFFRPSD- the 10 years prior to the date of the current
QLHGE\ÀQGLQJVRIIDFWDQGFRQFOXVLRQVRIODZ offense; or
7KHÀQGLQJVRIIDFWVKDOOFRQVLVWRIDFRQFLVH
statement of the underlying facts supporting (B)(i) The person has a previous conviction
WKHÀQGLQJVDVWRHDFKFRQWHVWHGLVVXHRIIDFW for any of the crimes described in subsection (2)
and as to each ultimate fact required to sup- of this section, or their statutory counterparts
SRUWWKHERDUG·VRUGHU in any jurisdiction; and
$VXVHGLQWKLVVHFWLRQ (ii) The victim’s serious physical injury in
the previous conviction was caused by the
D´$VVDXOWµPHDQVWKHLQWHQWLRQDONQRZ- SHUVRQGULYLQJDPRWRUYHKLFOH
ing or reckless causation of physical injury to
DQRWKHUSHUVRQ´$VVDXOWµGRHVQRWLQFOXGHWKH (2) The previous convictions to which sub-
causation of physical injury in a motor vehicle VHFWLRQG%RIWKLVVHFWLRQDSSOLHVDUH
accident that occurs by reason of the reckless D$VVDXOWLQWKHÀUVWGHJUHHXQGHU256
FRQGXFWRIDGHIHQGDQW
E´1HJOHFWRUPDOWUHDWPHQWµPHDQVDYLR- (b) Assault in the second degree under ORS
ODWLRQRI256RURU RU
a failure to provide adequate food, clothing,
(c) Assault in the third degree under ORS (2) The previous convictions to which sub-
VHFWLRQRIWKLVVHFWLRQDSSOLHVDUH
0DQVODXJKWHULQWKHÀUVWGHJUHHLVD D0DQVODXJKWHULQWKHÀUVWGHJUHHXQGHU
&ODVV$IHORQ\ 256
,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 ,WLVDQDIÀUPDWLYHGHIHQVHWRDSURVH-
treatment solely by spiritual means pursuant cution under this section that the defendant
to the religious beliefs or practices of the depen- ZDVQRWXQGHUWKHLQÁXHQFHRILQWR[LFDQWVDW
dent person or the guardian of the dependent the time of the conduct that resulted in the
SHUVRQ SUHYLRXVFRQYLFWLRQ
(b) Subsection (1)(d)(B) of this section that (4) Aggravated vehicular homicide is a Class
WKHGHIHQGDQWZDVQRWXQGHUWKHLQÁXHQFHRI $IHORQ\>F@
intoxicants at the time of the conduct that
UHVXOWHGLQWKHSUHYLRXVFRQYLFWLRQ>F Note ZDV HQDFWHG LQWR ODZ E\
FFF the Legislative Assembly but was not added
F@ WRRUPDGHDSDUWRI256FKDSWHURUDQ\
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163.125 Manslaughter in the second ace to Oregon Revised Statutes for further
degree. (1) Criminal homicide constitutes H[SODQDWLRQ
PDQVODXJKWHULQWKHVHFRQGGHJUHHZKHQ
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 D,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\
DJHRUDGHSHQGHQWSHUVRQDVGHÀQHGLQ256 causes physical injury to another; or
DQG
(b) With criminal negligence causes physical
(A) The person has previously engaged in a LQMXU\WRDQRWKHUE\PHDQVRIDGHDGO\ZHDSRQ
pattern or practice of assault or torture of the
victim or another child under 14 years of age (2) Assault in the fourth degree is a Class
or a dependent person; or $PLVGHPHDQRU
(B) The person causes the death by neglect (3) Notwithstanding subsection (2) of this
RUPDOWUHDWPHQWDVGHÀQHGLQ256 section, assault in the fourth degree is a Class
C felony if the person commits the crime of
(2) Manslaughter in the second degree is a DVVDXOWLQWKHIRXUWKGHJUHHDQG
&ODVV%IHORQ\>FF
FF@ (a) The assault is committed in the immedi-
ate presence of, or is witnessed by, the person’s
163.145 Criminally negligent homicide. or the victim’s minor child or stepchild or a
(1) A person commits the crime of criminally minor child residing within the household of
negligent homicide when, with criminal negli- the person or victim;
gence, the person causes the death of another
SHUVRQ (b) The person has been previously con-
YLFWHGRIYLRODWLQJWKLVVHFWLRQRU256
(2) Criminally negligent homicide is a Class RURURI
%IHORQ\>FF@ committing an equivalent crime in another
163.149 Aggravated vehicular homicide. jurisdiction, and the victim in the previous
(1) Criminal homicide constitutes aggravated conviction is the same person who is the victim
vehicular homicide when it is committed with of the current crime;
criminal negligence, recklessly or recklessly (c) The person has at least three previous
under circumstances manifesting extreme convictions for violating this section or ORS
indifference to the value of human life by a RU
person operating a motor vehicle while under or for committing an equivalent crime in
WKHLQÁXHQFHRILQWR[LFDQWVLQYLRODWLRQRI256 another jurisdiction, in any combination; or
DQG
(d) The person commits the assault knowing
(a) The person has a previous conviction for WKDWWKHYLFWLPLVSUHJQDQW
any of the crimes described in subsection (2) of
this section, or their statutory counterparts in (4) For purposes of subsection (3) of this sec-
any jurisdiction; and tion, an assault is witnessed if the assault is
seen or directly perceived in any other manner
(b) The victim’s death in the previous convic- E\WKHFKLOG>FF
tion was caused by the person driving a motor FFF@
YHKLFOH
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
WKLUGGHJUHHLIWKHSHUVRQ of a corrections facility to work with, or in the
(a) Recklessly causes serious physical injury YLFLQLW\RILQPDWHV\RXWKRU\RXWKRIIHQGHUV
to another by means of a deadly or dangerous E´<RXWKFRUUHFWLRQIDFLOLW\µKDVWKHPHDQ-
weapon; LQJJLYHQWKDWWHUPLQ256>
(b) Recklessly causes serious physical injury FFF
to another under circumstances manifesting FFF
extreme indifference to the value of human FFF
life; FFF
FF@
(c) Recklessly causes physical injury to
another by means of a deadly or dangerous 163.175 Assault in the second degree.
weapon under circumstances manifesting (1) A person commits the crime of assault in
extreme indifference to the value of human WKHVHFRQGGHJUHHLIWKHSHUVRQ
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\>FF
facility, intentionally or knowingly causes FF@
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
LVDFWLQJLQWKHFRXUVHRIRIÀFLDOGXW\ ÀUVWGHJUHHLIWKHSHUVRQ
J,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\ D,QWHQWLRQDOO\FDXVHVVHULRXVSK\VLFDO
causes physical injury to an emergency medical injury to another by means of a deadly or
VHUYLFHVSURYLGHUDVGHÀQHGLQ256 dangerous weapon;
while the emergency medical services provider
LVSHUIRUPLQJRIÀFLDOGXWLHV E,QWHQWLRQDOO\RUNQRZLQJO\FDXVHVVHULRXV
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 F9LRODWHV256NQRZLQJWKDWWKH
child 10 years of age or younger; or victim is pregnant; or
L,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\ G,QWHQWLRQDOO\NQRZLQJO\RUUHFNOHVVO\
causes, by means other than a motor vehicle, causes serious physical injury to another while
physical injury to the operator of a taxi while RSHUDWLQJDPRWRUYHKLFOHXQGHUWKHLQÁXHQFH
WKHRSHUDWRULVLQFRQWURORIWKHWD[L RILQWR[LFDQWVLQYLRODWLRQRI256DQG
(2)(a) Assault in the third degree is a Class (A) The person has at least three previous
&IHORQ\ FRQYLFWLRQVIRUGULYLQJZKLOHXQGHUWKHLQÁX-
HQFHRILQWR[LFDQWVXQGHU256RULWV
(b) Notwithstanding paragraph (a) of this statutory counterpart in any jurisdiction, in
subsection, assault in the third degree under the 10 years prior to the date of the current
subsection (1)(a) or (b) of this section is a Class offense; or
%IHORQ\LI
(B)(i) The person has a previous conviction
(A) The assault resulted from the operation for any of the crimes described in subsection (2)
of a motor vehicle; and of this section, or their statutory counterparts
(B) The defendant was the driver of the in any jurisdiction; and
motor vehicle and was driving while under (ii) The victim’s death or serious physical
WKHLQÁXHQFHRILQWR[LFDQWV injury in the previous conviction was caused
$VXVHGLQWKLVVHFWLRQ E\WKHSHUVRQGULYLQJDPRWRUYHKLFOH
D´6WDIIPHPEHUµPHDQV (2) The previous convictions to which sub-
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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
>)RUPHUO\FF DGULYHUSHUPLWRUOLFHQVHRURWKHULGHQWLÀFDWLRQ
F@ issued by the Department of Transportation
164.805 Offensive littering. (1) A person of this state or its equivalent in another state,
commits the crime of offensive littering if commits the crime of misrepresentation of age
the person creates an objectionable stench or by a minor in order to purchase or consume
degrades the beauty or appearance of prop- alcoholic liquor may be required to perform
erty or detracts from the natural cleanliness community service and the court shall order
RUVDIHW\RISURSHUW\E\LQWHQWLRQDOO\ that the person’s driving privileges and right
to apply for driving privileges be suspended for
(a) Discarding or depositing any rubbish, DSHULRGQRWWRH[FHHGRQH\HDU,IDFRXUWKDV
trash, garbage, debris or other refuse upon issued an order suspending driving privileges
the land of another without permission of the under this section, the court, upon petition of
owner, or upon any public way or in or upon the person, may withdraw the order at any
any public transportation facility; WLPHWKHFRXUWGHHPVDSSURSULDWH7KHFRXUW
(b) Draining, or causing or permitting to QRWLÀFDWLRQWRWKHGHSDUWPHQWXQGHUWKLVVXE-
be drained, sewage or the drainage from a section may include a recommendation that the
cesspool, septic tank, recreational or camping person be granted a hardship permit under
vehicle waste holding tank or other contami- 256LIWKHSHUVRQLVRWKHUZLVHHOLJLEOH
nated source, upon the land of another without IRUWKHSHUPLW
permission of the owner, or upon any public (4) The prohibitions of this section do not
way; or apply to any person acting under the direction
(c) Permitting any rubbish, trash, garbage, of the Oregon Liquor Control Commission or a
debris or other refuse to be thrown from a regulatory specialist or under the direction of
YHKLFOH WKDW WKH SHUVRQ LV RSHUDWLQJ 7KLV state or local law enforcement agencies for the
subsection does not apply to a person oper- purpose of investigating possible violations of
ating a vehicle transporting passengers for laws prohibiting sales of alcoholic beverages
hire subject to regulation by the Department of WRSHUVRQVZKRDUHXQGHUDFHUWDLQVSHFLÀHG
Transportation or a person operating a school DJH
EXVGHVFULEHGXQGHU256 (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 sales of alcoholic beverages to persons who are
to, roads, streets, alleys, lanes, trails, beaches, XQGHUWKHDJHRI\HDUV>F
parks and all recreational facilities operated FFF
by the state, a county or a local municipality FFF@
IRUXVHE\WKHJHQHUDOSXEOLF
(3) Offensive littering is a Class C misde-
PHDQRU>FF Chapter 166
FFF
F@
FIREARMS AND OTHER WEAPONS
(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
$XWKRULW\XQGHU256 readily accessible within the meaning of this
VHFWLRQLI
(:DVIRXQGWREHDSHUVRQZLWKPHQWDO
illness and subject to an order under ORS (A) The handgun is in a locked container
WKDWWKHSHUVRQEHSURKLELWHGIURP ZLWKLQRUDIÀ[HGWRWKHYHKLFOHRU
SXUFKDVLQJRUSRVVHVVLQJDÀUHDUPDVDUHVXOW (B) The handgun is equipped with a trigger
of that mental illness; lock or other locking mechanism that prevents
),VSUHVHQWO\VXEMHFWWRDQRUGHUXQGHU WKHGLVFKDUJHRIWKHÀUHDUP
256SURKLELWLQJWKHSHUVRQIURPSXU- 8QODZIXOSRVVHVVLRQRIDÀUHDUPLVD
FKDVLQJRUSRVVHVVLQJDÀUHDUP &ODVV$PLVGHPHDQRU>$PHQGHGE\F
(G) Has been found guilty except for insanity FFF
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(a) A minor, who is not otherwise prohibited 3RVVHVVLRQRIÀUHDUPRUDPPX-
under subsection (1)(c) of this section, from nition by certain persons prohibited. ,W
SRVVHVVLQJDÀUHDUP is unlawful for a person to knowingly possess
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was transferred to the minor by the minor’s (a) The person is the subject of a court order
parent or guardian or by another person with WKDW
the consent of the minor’s parent or guardian; (A) Was issued or continued after a hear-
or ing for which the person had actual notice and
(B) Temporarily for hunting, target practice during the course of which the person had an
or any other lawful purpose; or opportunity to be heard;
(b) Any citizen of the United States over the (B) Restrains the person from stalking,
age of 18 years who resides in or is temporar- intimidating, molesting or menacing an inti-
ily sojourning within this state, and who is mate partner, a child of an intimate partner
not within the excepted classes prescribed by or a child of the person; and
256DQGVXEVHFWLRQRIWKLVVHFWLRQ &,QFOXGHVDÀQGLQJWKDWWKHSHUVRQUHS-
from owning, possessing or keeping within the resents a credible threat to the physical safety
person’s place of residence or place of business of an intimate partner, a child of an intimate
any handgun, and no permit or license to pur- partner or a child of the person; or
FKDVHRZQSRVVHVVRUNHHSDQ\VXFKÀUHDUP
at the person’s place of residence or place of (b) The person has been convicted of a qual-
EXVLQHVVLVUHTXLUHGRIDQ\VXFKFLWL]HQ$V ifying misdemeanor and, at the time of the
XVHGLQWKLVVXEVHFWLRQ´UHVLGHQFHµLQFOXGHV offense, the person was a family member of
a recreational vessel or recreational vehicle WKHYLFWLPRIWKHRIIHQVH
while used, for whatever period of time, as (2) The prohibition described in subsection
UHVLGHQWLDOTXDUWHUV (1)(a) of this section does not apply with respect
(3) Firearms carried openly in belt holsters to the transportation, shipment, receipt,
are not concealed within the meaning of this SRVVHVVLRQRULPSRUWDWLRQRIDQ\ÀUHDUPRU
VHFWLRQ 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
(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
SDUGRQHG (g) Organizations which are by law autho-
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WKDWWHUPLQ256 LQ256IURPWKH8QLWHG6WDWHVRU
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to the victim, the victim’s spouse, the victim’s (h) Duly authorized military or civil organi-
former spouse, a person with whom the victim zations while parading, or the members thereof
shares a child in common, the victim’s parent when going to and from the places of meeting
or guardian, a person cohabiting with or who RIWKHLURUJDQL]DWLRQ
has cohabited with the victim as a spouse, (i) A person who is licensed under ORS
parent or guardian or a person similarly sit- DQG WR FDUU\ D FRQFHDOHG
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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-
iting with the person in a relationship akin to ([FHSWIRUSHUVRQVZKRDUHRWKHUZLVH
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(a) Members of any club or organization, for
I ´4XDOLI\LQJ PLVGHPHDQRUµ PHDQV D the purpose of practicing shooting at targets
misdemeanor that has, as an element of the upon the established target ranges, whether
offense, the use or attempted use of physical public or private, while such members are
IRUFHRUWKHWKUHDWHQHGXVHRIDGHDGO\ZHDSRQ XVLQJDQ\RIWKHÀUHDUPVUHIHUUHGWRLQ256
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Destructive Device in Public
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offense that would make the person ineligible
to obtain a concealed handgun license under 'HÀQLWLRQVIRU256WR
256DQG 166.380. $VXVHGLQ256WR
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described in paragraph (a) or (b) of this subsec- ´&DSLWROEXLOGLQJµPHDQVWKH&DSLWRO
tion to assist in making arrests or preserving WKH6WDWH2IÀFH%XLOGLQJWKH6WDWH/LEUDU\
the peace, while the summoned person is %XLOGLQJWKH/DERUDQG,QGXVWULHV%XLOGLQJ
HQJDJHGLQDVVLVWLQJWKHRIÀFHU the State Transportation Building, the Agri-
(e) The possession or transportation culture Building or the Public Service Building
E\ DQ\ PHUFKDQW RI XQORDGHG ÀUHDUPV DV and includes any new buildings which may be
PHUFKDQGLVH constructed on the same grounds as an addi-
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(A) The Army, Navy, Air Force, Coast Guard ´&RXUWIDFLOLW\µPHDQVDFRXUWKRXVHRU
or Marine Corps of the United States, or of the that portion of any other building occupied
National Guard, when on duty; by a circuit court, the Court of Appeals, the
(B) The commissioned corps of the National Supreme Court or the Oregon Tax Court or
Oceanic and Atmospheric Administration; or occupied by personnel related to the operations
of those courts, or in which activities related
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States Department of Health and Human Ser-
vices, when detailed by proper authority for ´-XGJHµPHDQVDMXGJHRIDFLUFXLWFRXUW
the Court of Appeals, the Supreme Court,
the Oregon Tax Court, a municipal court, a
probate court or a juvenile court or a justice at school. (1) Any person who intentionally
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´-XGLFLDOGLVWULFWµPHDQVDFLUFXLWFRXUW other instrument used as a dangerous weapon,
GLVWULFWHVWDEOLVKHGXQGHU256RUDMXV- while in or on a public building, shall upon
tice of the peace district established under ORS FRQYLFWLRQEHJXLOW\RID&ODVV&IHORQ\
D([FHSWDVRWKHUZLVHSURYLGHGLQSDUD-
´-XYHQLOHFRXUWµKDVWKHPHDQLQJJLYHQ graph (b) of this subsection, a person who
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is an unexpended cartridge or shell in or FRXUWIDFLOLW\VKDOOVXUUHQGHUWKHÀUHDUPWR
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ited to, in a chamber, magazine or clip which
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court facility may be required to surrender
(b) A muzzle-loading firearm which is WKHZHDSRQWRDODZHQIRUFHPHQWRIÀFHURUWR
capped or primed and has a powder charge and LPPHGLDWHO\UHPRYHLWIURPWKHFRXUWIDFLOLW\
EDOOVKRWRUSURMHFWLOHLQWKHEDUUHORUF\OLQGHU A person who fails to comply with this subpara-
´/RFDOFRXUWIDFLOLW\µPHDQVWKHSRUWLRQ graph is guilty, upon conviction, of a Class C
of a building in which a justice court, a munic- IHORQ\
ipal court, a probate court or a juvenile court &$ÀUHDUPLQDORFDOFRXUWIDFLOLW\LV
conducts business, during the hours in which guilty, upon conviction, of a Class C felony if,
WKHFRXUWRSHUDWHV prior to the offense, the presiding judge of the
´3UREDWHFRXUWµKDVWKHPHDQLQJJLYHQ local court facility entered an order prohibiting
WKDWWHUPLQ256 ÀUHDUPVLQWKHDUHDLQZKLFKWKHFRXUWFRQ-
ducts business and during the hours in which
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capitol building, a public or private school, as
GHÀQHGLQ256DFROOHJHRUXQLYHU- (b) The presiding judge of a judicial district
sity, a city hall or the residence of any state or a municipal court may enter an order per-
RIÀFLDOHOHFWHGE\WKHVWDWHDWODUJHDQGWKH PLWWLQJWKHSRVVHVVLRQRIVSHFLÀHGZHDSRQVLQ
JURXQGVDGMDFHQWWRHDFKVXFKEXLOGLQJ7KH DFRXUWIDFLOLW\
term also includes that portion of any other (c) Within a shared court facility, the pre-
building occupied by an agency of the state siding judge of a municipal court or justice of
RUDPXQLFLSDOFRUSRUDWLRQDVGHÀQHGLQ256 the peace district may not enter an order con-
RWKHUWKDQDFRXUWIDFLOLW\ 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$SROLFHRIÀFHURUUHVHUYHRIÀFHUDVWKRVH
with a blade less than four inches in length, WHUPVDUHGHÀQHGLQ256$
WKHXVHRIZKLFKFRXOGLQÁLFWLQMXU\XSRQD E$SDUROHDQGSUREDWLRQRIÀFHUDVGHÀQHG
person or property; LQ256$ZKLOHWKHSDUROHDQGSUR-
(c) Mace, tear gas, pepper mace or any EDWLRQRIÀFHULVDFWLQJZLWKLQWKHVFRSHRI
VLPLODUGHOHWHULRXVDJHQWDVGHÀQHGLQ256 HPSOR\PHQW
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(d) An electrical stun gun or any similar RUDFHUWLÀHGUHVHUYHRIÀFHURUFRU-
instrument; UHFWLRQVRIÀFHUDVWKRVHWHUPVDUHGHÀQHG
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(f) A club, bat, baton, billy club, bludgeon, (d) A person summoned by an officer
knobkerrie, nunchaku, nightstick, truncheon described in paragraph (a), (b) or (c) of this
or any similar instrument, the use of which subsection to assist in making an arrest or
FRXOGLQÁLFWLQMXU\XSRQDSHUVRQRUSURSHUW\ preserving the peace, while the summoned
or SHUVRQLVHQJDJHGLQDVVLVWLQJWKHRIÀFHU
(g) A dangerous or deadly weapon as those (e) An honorably retired law enforcement
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FFF (f) An active or reserve member of the mil-
FF@ itary forces of this state or the United States,
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gerous weapon in public building or court (g) A person who is licensed under ORS
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or agency that controls the public building to may possess a weapon in a court facility if the
SRVVHVVDÀUHDUPRUGDQJHURXVZHDSRQLQWKDW RIÀFHU
SXEOLFEXLOGLQJ D,VDFWLQJLQDQRIÀFLDOFDSDFLW\DQGLV
(i) An employee of the United States Depart- RIÀFLDOO\RQGXW\
ment of Agriculture, acting within the scope E,VFDUU\LQJDZHDSRQWKDWWKHHPSOR\LQJ
RIHPSOR\PHQWZKRSRVVHVVHVDÀUHDUPLQWKH DJHQF\RIWKHRIÀFHUKDVDXWKRUL]HGWKHRIÀFHU
FRXUVHRIWKHODZIXOWDNLQJRIZLOGOLIH to carry; and
M3RVVHVVLRQRIDÀUHDUPRQVFKRROSURSHUW\ F,VLQFRPSOLDQFHZLWKDQ\VHFXULW\SUR-
LIWKHÀUHDUP cedures established under subsections (3) and
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HUZLVHSURKLELWHGIURPSRVVHVVLQJWKHÀUHDUP $MXGJHPD\SURKLELWDSHDFHRIÀFHURU
and DIHGHUDORIÀFHUIURPSRVVHVVLQJDZHDSRQLQ
% ,V XQORDGHG DQG ORFNHG LQ D PRWRU DFRXUWURRP$QRWLFHRIWKHSURKLELWLRQRIWKH
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(4)(a) The exceptions listed in subsection (3) room must be posted outside the entrance to
GWRMRIWKLVVHFWLRQFRQVWLWXWHDIÀUPDWLYH WKHFRXUWURRP
defenses to a charge of violating subsection (1) (3) A presiding judge of a judicial district or
RIWKLVVHFWLRQ a municipal court or the Chief Justice of the
E$SHUVRQPD\QRWXVHWKHDIÀUPDWLYH Supreme Court may establish procedures reg-
defense described in subsection (3)(e) of this ulating the possession of a weapon in a court
section if the person has been convicted of an IDFLOLW\E\DSHDFHRIÀFHURUDIHGHUDORIÀFHU
offense that would make the person ineligible VXEMHFWWRWKHIROORZLQJ
to obtain a concealed handgun license under (a) The procedures for a circuit court must
256DQG be established through a plan for court security
(5)(a) Any person who knowingly, or with improvement, emergency preparedness and
reckless disregard for the safety of another, EXVLQHVVFRQWLQXLW\XQGHU256RU
GLVFKDUJHVRUDWWHPSWVWRGLVFKDUJHDÀUHDUP (b) The procedures for a justice court or a
at a place that the person knows is a school municipal court may only prohibit the posses-
shall upon conviction be guilty of a Class C sion of weapons within the area in which the
IHORQ\ court conducts business and during the hours
(b) Paragraph (a) of this subsection does not in which the court operates;
DSSO\WRWKHGLVFKDUJHRIDÀUHDUP (c) Within a shared court facility, the pre-
(A) As part of a program approved by a siding judge of a municipal court or justice of
school in the school by an individual who is the peace district may not establish procedures
participating in the program; LQFRQÁLFWZLWKWKHSURFHGXUHVHVWDEOLVKHGE\
the presiding judge of the circuit court; and
%%\DODZHQIRUFHPHQWRIÀFHUDFWLQJLQ
WKHRIÀFHU·VRIÀFLDOFDSDFLW\RU (d) Notice of the procedures must be posted
at the entrance to the court facility, or at an
(C) By an employee of the United States HQWUDQFHIRUSHDFHRIÀFHUVRUIHGHUDORIÀFHUVLI
Department of Agriculture, acting within the the entrance is separate from the entrance to
scope of employment, in the course of the lawful the court facility, and at a security checkpoint
WDNLQJRIZLOGOLIH LQWKHFRXUWIDFLOLW\
$Q\ZHDSRQFDUULHGLQYLRODWLRQRIWKLV (4) A judge may establish procedures
section is subject to the forfeiture provisions regulating the possession of a weapon in a
RI256 FRXUWURRPE\DSHDFHRIÀFHURUDIHGHUDORIÀ-
(7) Notwithstanding the fact that a person’s FHU$QRWLFHRIWKHSURFHGXUHVUHJXODWLQJWKH
conduct in a single criminal episode constitutes SRVVHVVLRQRIDZHDSRQE\DQRIÀFHUPXVWEH
a violation of both subsections (1) and (5) of this SRVWHGRXWVLGHWKHHQWUDQFHWRWKHFRXUWURRP
section, the district attorney may charge the >FFF@
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Discharging Weapons
(8) As used in this section, “dangerous
ZHDSRQµPHDQVDGDQJHURXVZHDSRQDVWKDW 166.630 Discharging weapon on or
WHUPLVGHÀQHGLQ256>F across highway, ocean shore recreation
FFF area or public utility facility. ([FHSWDV
FFF SURYLGHGLQ256DQ\SHUVRQLVJXLOW\
FFF of a violation who discharges or attempts to
FF discharge any blowgun, bow and arrow, cross-
FF@ ERZDLUULÁHRUÀUHDUP
166.373 Possession of weapon in court (a) Upon or across any highway, railroad
IDFLOLW\E\SHDFHRIÀFHURUIHGHUDORIÀ- right of way or other public road in this state, or
cer. 1RWZLWKVWDQGLQJ256DQG upon or across the ocean shore within the state
except as provided in subsection (2) of this sec- UHFUHDWLRQDUHDDVGHÀQHGLQ256
WLRQDSHDFHRIÀFHUDVGHÀQHGLQ256
(b) At any public or railroad sign or signal or aircraft, or any surface of land or water when
an electric power, communication, petroleum DFWXDOO\EHLQJXVHGIRUVXFKSXUSRVH
or natural gas transmission or distribution (3) Subsection (1) of this section does not pro-
facility of a public utility, telecommunications KLELWWKHGLVFKDUJHRIÀUHDUPVE\SHDFHRIÀFHUV
XWLOLW\RUUDLOURDGZLWKLQUDQJHRIWKHZHDSRQ in the performance of their duty or by military
(2) Any blowgun, bow and arrow, crossbow, SHUVRQQHOZLWKLQWKHFRQÀQHVRIDPLOLWDU\UHV-
DLUULÁHRUÀUHDUPLQWKHSRVVHVVLRQRIWKH ervation, or otherwise lawful hunting, wildlife
person that was used in committing a violation FRQWURORURWKHUGLVFKDUJLQJRIÀUHDUPVGRQH
RIWKLVVHFWLRQPD\EHFRQÀVFDWHGDQGIRUIHLWHG with the consent of the proprietor, manager or
WRWKH6WDWHRI2UHJRQ7KLVVHFWLRQGRHVQRW FXVWRGLDQRIWKHDLUSRUWRSHUDWLRQDOVXUIDFH
SUHYHQW (4) The hunting license revocation provided
D7KHGLVFKDUJHRIÀUHDUPVE\SHDFHRIÀ- LQ256LVLQDGGLWLRQWRDQGQRWLQOLHX
cers in the performance of their duty or by of the penalty provided in subsection (1) of this
PLOLWDU\SHUVRQQHOZLWKLQWKHFRQÀQHVRID VHFWLRQ>FF@
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E7KHGLVFKDUJHRIÀUHDUPVE\DQHPSOR\HH Miscellaneous
of the United States Department of Agriculture 166.649 Throwing an object off an over-
acting within the scope of employment in the pass in the second degree. (1) A person
FRXUVHRIWKHODZIXOWDNLQJRIZLOGOLIH commits the crime of throwing an object off
(3) The hunting license revocation provided DQRYHUSDVVLQWKHVHFRQGGHJUHHLIWKHSHUVRQ
LQ256LVLQDGGLWLRQWRDQGQRWLQ (a) With criminal negligence throws an
lieu of the penalty and forfeiture provided in object off an overpass; and
VXEVHFWLRQVDQGRIWKLVVHFWLRQ
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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 $VXVHGLQWKLVVHFWLRQDQG256
F´5DLOURDGµKDVWKHPHDQLQJJLYHQWKDW ´RYHUSDVVµPHDQVDVWUXFWXUHFDUU\LQJDURDG-
WHUPLQ256>$PHQGHGE\F ZD\RUSHGHVWULDQSDWKZD\RYHUDURDGZD\
FFF >F@
FFF 166.651 Throwing an object off an
FF@ RYHUSDVVLQWKHÀUVWGHJUHH(1) A person
166.635 Discharging weapon or throw- commits the crime of throwing an object off an
ing objects at trains. (1) A person shall not RYHUSDVVLQWKHÀUVWGHJUHHLIWKHSHUVRQ
knowingly throw an object at, drop an object (a) Recklessly throws an object off an over-
RQRUGLVFKDUJHDERZDQGDUURZDLUULÁH pass; and
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road train, a person on a railroad train or a E .QRZV RU UHDVRQDEO\ VKRXOG KDYH
commodity being transported on a railroad known, that the object was of a type or size
WUDLQ7KLVVXEVHFWLRQGRHVQRWSUHYHQWDSHDFH to cause damage to any person or vehicle that
RIÀFHURUDUDLOURDGHPSOR\HHIURPSHUIRUPLQJ WKHREMHFWPLJKWKLW
WKHGXW\RIDSHDFHRIÀFHURUUDLOURDGHPSOR\HH (2) Throwing an object off an overpass in the
(2) Violation of subsection (1) of this section ÀUVWGHJUHHLVD&ODVV&IHORQ\>F@
LVDPLVGHPHDQRU>F@ &DVWLQJDUWLÀFLDOOLJKWIURP
166.638 Discharging weapon across air- vehicle while possessing certain weapons
port operational surfaces. (1) Any person prohibited. (1) A person may not cast from a
who knowingly or recklessly discharges any PRWRUYHKLFOHDQDUWLÀFLDOOLJKWZKLOHWKHUHLV
ERZDQGDUURZJXQDLUJXQRURWKHUÀUHDUP in the possession or in the immediate physical
upon or across any airport operational sur- presence of the person a bow and arrow or a
IDFHFRPPLWVD&ODVV$PLVGHPHDQRU$Q\ ÀUHDUP
ERZDQGDUURZJXQDLUJXQRURWKHUÀUHDUP (2) Subsection (1) of this section does not
in the possession of the person that was used DSSO\WRDSHUVRQFDVWLQJDQDUWLÀFLDOOLJKW
in committing a violation of this subsection
PD\EHFRQÀVFDWHGDQGIRUIHLWHGWRWKH6WDWHRI (a) From the headlights of a motor vehicle
Oregon, and the clear proceeds shall be depos- that is being operated on a road in the usual
ited with the State Treasury in the Common PDQQHU
6FKRRO)XQG E:KHQWKHERZDQGDUURZRUÀUHDUPWKDW
(2) As used in subsection (1) of this sec- the person has in the possession or immediate
WLRQ´DLUSRUWRSHUDWLRQDOVXUIDFHµPHDQVDQ\ physical presence of the person is disassembled
surface of land or water developed, posted or or stored, or in the trunk or storage compart-
marked so as to give an observer reasonable PHQWRIWKHPRWRUYHKLFOH
notice that the surface is developed for the pur- (c) When the ammunition or arrows are
pose of storing, parking, taxiing or operating VWRUHGVHSDUDWHIURPWKHZHDSRQ
(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 H0RQH\VFROOHFWHGXQGHU256
no refund is claimed, in amounts determined IURPIHHVIRULGHQWLÀFDWLRQFDUGVVKDOOEHXVHG
XQGHU2567KLVSDUDJUDSKDSSOLHVWR ÀUVWWRSD\WKHH[SHQVHVRIWKHGHSDUWPHQWIRU
UHIXQGHQWLWOHPHQWVGHVFULEHGLQ256 performing the functions of the department
DDQGHDDQGE UHODWLQJWRLGHQWLÀFDWLRQFDUGV$IWHUSD\LQJ
E)HHVFROOHFWHGXQGHU256IRU WKHH[SHQVHVUHODWHGWRLGHQWLÀFDWLRQFDUGV
LVVXDQFHRUUHQHZDORI the department shall transfer the remaining
$'LVPDQWOHUFHUWLÀFDWHV PRQH\VFROOHFWHGXQGHU256WRWKH
(OGHUO\DQG'LVDEOHG6SHFLDO7UDQVSRUWDWLRQ
%9HKLFOHGHDOHUFHUWLÀFDWHV )XQGHVWDEOLVKHGLQ256
(C) Show licenses; (f) Moneys from the permits described in
'9HKLFOHWUDQVSRUWHUFHUWLÀFDWHV subsection (2)(g) of this section may be used
for costs of issuing the permits and monitoring
('ULYHUWUDLQLQJLQVWUXFWRUFHUWLÀFDWHV WKHDFWLYLWLHVWKDWJHQHUDWHWKHIHHV
(F) Commercial driver training school cer- (g) Moneys from interest and other earnings
WLÀFDWHVDQG on moneys in the operating fund may be used
*9HKLFOHDSSUDLVHUFHUWLÀFDWHV for any purpose for which other moneys in the
IXQGPD\EHXVHG>F
F/DWHIHHVFROOHFWHGXQGHU256 FFF
G)HHVFROOHFWHGXQGHU256 FF@
(e) Moneys from civil penalties imposed NoteDQGZHUHHQDFWHG
XQGHU256 into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 184
I)HHVFROOHFWHGXQGHU256IRU RUDQ\VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH
LGHQWLÀFDWLRQFDUGV Preface to Oregon Revised Statutes for further
(g) Fees collected by the department for H[SODQDWLRQ
issuance of permits to engage in activities 184.643 Transfer of certain fuel tax
GHVFULEHGLQ256WRWKDWDUH moneys to operating fund. Once each year
not directly connected to the construction, the Oregon Department of Administrative
reconstruction, improvement, repair, mainte- Services, after consultation with the Oregon
nance, operation and use of a public highway, Transportation Commission and the Depart-
URDGVWUHHWRUURDGVLGHUHVWDUHD ment of Transportation, shall estimate the
K)HHVFROOHFWHGXQGHU256IRU amount of taxes paid for which persons are
services provided to the Oregon Department HQWLWOHGWRUHIXQGVXQGHU256D
RI$YLDWLRQ DQGHDDQGE$IWHU
deducting the amount of any refunds actually
L,QWHUHVWDQGRWKHUHDUQLQJVRQPRQH\V paid, the Oregon Department of Adminis-
LQWKHRSHUDWLQJIXQG trative Services shall certify the remaining
(3) Moneys in the Department of Trans- DPRXQWWRWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ
portation Operating Fund established by The Department of Transportation shall trans-
subsections (1) and (2) of this section may be fer the remaining amount from the Driver
VSHQWRQO\DVIROORZV and Motor Vehicle Suspense Account to the
Department of Transportation Operating Fund
(a) Taxes described in subsection (2)(a) of HVWDEOLVKHGE\256DQG>
this section may be used only for payment of FF@
expenses of the Department of Transportation
WKDW Note6HHQRWHXQGHU
(A) May not constitutionally be paid from
UHYHQXHVGHVFULEHGLQVHFWLRQD$UWLFOH,;
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
LQSDUDJUDSKVEWRHRIWKLVVXEVHFWLRQ 192.868. $VXVHGLQ256WR
(b) Fees collected under subsection (2)(b) of ´$FWXDODGGUHVVµPHDQV
this section may be used only to carry out the
regulatory functions of the department relat- (a) A residential, work or school street
LQJWRWKHEXVLQHVVHVWKDWJHQHUDWHWKHIHHV DGGUHVV RI DQ LQGLYLGXDO VSHFLÀHG RQ WKH
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
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 ,IDQLQGLYLGXDOFHDVHVWREHFHUWLÀHGDV
cannot meet its statutory or administrative a program participant, the individual shall
obligations by possessing or using the substi- notify the department of a change of address as
tute address; and SURYLGHGLQ256RU
>F@
E$QDIÀUPDWLRQWKDWLIWKH$WWRUQH\*HQ-
eral accepts the waiver, the public body will Note6HHQRWHXQGHU
only use the actual address of the program
participant for those statutory or administra-
WLYHSXUSRVHVLQFOXGHGLQWKHZDLYHUUHTXHVW Chapter 247
(4) The Attorney General shall accept or
deny a waiver request from a public body in
ZULWLQJDQGLQFOXGHDVWDWHPHQWRIVSHFLÀFUHD- VOTER REGISTRATION
VRQVIRUDFFHSWDQFHRUGHQLDO$QDFFHSWDQFH 247.012 Method of registering or
or denial made under this subsection is not updating a registration; when regis-
FRQVLGHUHGDQRUGHUDVGHÀQHGLQ256 tration occurs; minimum registration
and is not subject to judicial review under ORS information required; effect of missing
registration information; registration
([FHSWDVSURYLGHGLQ256WR locations. $TXDOLÀHGSHUVRQPD\UHJLVWHU
LIDODZRUUXOHUHTXLUHVWKHXVHRID WRYRWHRUXSGDWHDUHJLVWUDWLRQWRYRWHE\
residence address, the substitute address may (a) Delivering by mail or otherwise a com-
EHXVHGLQVWHDG>FF@ pleted registration card to any county clerk,
Note6HHQRWHXQGHU WKH6HFUHWDU\RI6WDWHDQ\RIÀFHRIWKH'HSDUW-
ment of Transportation or any designated
192.844 Prohibition on disclosure of voter registration agency as described in ORS
actual address or telephone number by
public body. ([FHSWDVSURYLGHGLQ256
WRDSXEOLFERG\WKDWUHFHLYHV (b) Personally delivering the card to an
a request from a program participant under RIÀFLDOGHVLJQDWHGE\DFRXQW\FOHUNXQGHU
256 PD\ QRW GLVFORVH WKH DFWXDO subsection (7) of this section;
address or telephone number of the program (c) Submitting the person’s legal name,
SDUWLFLSDQW age, residence and citizenship information
(DFKSXEOLFERG\WKDWUHFHLYHVDUHTXHVW and electronic signature to the Department
from a program participant under ORS of Transportation; or
VKDOODGRSWDSURFHGXUHWRSUHYHQW (d) Completing a registration card using the
unnecessary disclosure of actual addresses or electronic voter registration system described
telephone numbers of program participants to LQ256
employees of that public body or other persons
LQWKDWSXEOLFERG\>FF ,IDUHJLVWUDWLRQFDUGLVPDLOHGRUGHOLY-
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Note6HHQRWHXQGHU (a) Any person other than a county clerk
or the Secretary of State, the person shall
192.846 Records of Department of forward the card to a county clerk or the Sec-
Transportation; substitute address. (1) UHWDU\RI6WDWHQRWODWHUWKDQWKHÀIWKGD\DIWHU
A program participant may request that any receiving the card; or
driver or vehicle record kept by the Department
of Transportation that contains or is required (b) The Secretary of State or a county clerk
to contain the program participant’s actual for a county other than the county in which
address contain instead the substitute address the person applying for registration resides,
GHVLJQDWHGE\WKH$WWRUQH\*HQHUDO$UHTXHVW the Secretary of State or county clerk shall
XQGHUWKLVVXEVHFWLRQPXVW forward the card to the county clerk for the
county in which the person resides not later
D%HLQDIRUPVSHFLÀHGE\WKHGHSDUWPHQW WKDQWKHÀIWKGD\DIWHUUHFHLYLQJWKHFDUG
and
5HJLVWUDWLRQRIDTXDOLÀHGSHUVRQRFFXUV
E&RQWDLQYHULÀFDWLRQWKDWWKHLQGLYLGXDO
LVDSURJUDPSDUWLFLSDQW (a) When a legible, accurate and complete
UHJLVWUDWLRQFDUGLVUHFHLYHGLQWKHRIÀFHRI
8SRQUHFHLSWRIDUHTXHVWDQGYHULÀFD- DQ\FRXQW\FOHUNWKH2IÀFHRIWKH6HFUHWDU\RI
tion under this section, the department shall 6WDWHDQRIÀFHRIWKH'HSDUWPHQWRI7UDQVSRU-
remove the program participant’s actual tation, a designated voter registration agency
address from its records and instead use the XQGHU256RUDWDORFDWLRQGHVLJQDWHG
by a county clerk under subsection (7) of this transfer of voter registration information by
section; HOHFWURQLFRUPDJQHWLFPHGLXP>F
(b) On the date a registration card is post- @
marked if the card is received after the 21st 247.016 Registration of person who is 17
day immediately preceding an election but is years of age; limitation on public record
postmarked not later than the 21st day imme- disclosure. (1) Subject to this section, an oth-
diately preceding the election and is addressed HUZLVHTXDOLÀHGSHUVRQZKRLVDWOHDVW\HDUV
WRDQRIÀFHRIDQ\FRXQW\FOHUNWKH2IÀFHRIWKH RIDJHPD\UHJLVWHUWRYRWH
6HFUHWDU\RI6WDWHDQRIÀFHRIWKH'HSDUWPHQW (2) A person who registers to vote under
of Transportation or any designated voter reg- subsection (1) of this section may not vote in
LVWUDWLRQDJHQF\DVGHVFULEHGLQ256 an election until the person attains the age of
or \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
DVGHVFULEHGLQVXEVHFWLRQRURIWKLVVHF- special election, the person’s voter registration
tion, on the date that registration would have information, including but not limited to the
occurred if the registration card had not been person’s name and any identifying information,
missing the date of birth, contained an incom- may not be disclosed as a public record under
plete date of birth or contained the scrivener’s 256WR>F
HUURU F@
([FHSWDVSURYLGHGLQ256LID 247.017 Transfer of voter registration
registration card is legible, accurate and con- materials to Secretary of State from
tains, at a minimum, the registrant’s name, Department of Transportation; opt-out of
residence address, date of birth and signature, voter registration; rules. (1) The Secretary
WKHFRXQW\FOHUNVKDOOUHJLVWHUWKHSHUVRQ,I of State shall by rule establish a schedule by
this information is missing from the registra- which the Department of Transportation shall
tion card or the date of birth is incomplete, provide to the secretary electronic records con-
the county clerk shall attempt to contact the taining the legal name, age, residence and
person to obtain the missing or incomplete citizenship information for, and the electronic
LQIRUPDWLRQ7KHFRXQW\FOHUNPD\VXSSO\WKH VLJQDWXUHRIHDFKSHUVRQZKRPHHWVTXDOLÀFD-
registrant’s date of birth from any previous WLRQVLGHQWLÀHGE\WKHVHFUHWDU\E\UXOH
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(2) Upon receiving the electronic record for,
,IDUHJLVWUDWLRQFDUGPHHWVWKHUHTXLUH- and electronic signature of, a person described
ments of subsection (4) of this section but is in subsection (1) of this section, the Secretary
PLVVLQJDQLQGLFDWLRQRISROLWLFDOSDUW\DIÀO- of State shall provide the information to the
iation, the registrant shall be considered not county clerk of the county in which the person
DIÀOLDWHGZLWKDQ\SROLWLFDOSDUW\7KLVVXEVHF- PD\EHUHJLVWHUHGDVDQHOHFWRU7KHVHFUHWDU\
tion does not apply if an elector is updating a 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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$FRXQW\FOHUNPD\DSSRLQWRIÀFLDOVWR of this section does not decline to be registered
accept registration of persons at designated as an elector within 21 calendar days after
ORFDWLRQV 7KH DSSRLQWPHQWV DQG ORFDWLRQV the Secretary of State or county clerk issues
VKDOOEHLQZULWLQJDQGÀOHGLQWKHRIÀFHRI WKHQRWLÀFDWLRQWKHSHUVRQ·VHOHFWURQLFUHFRUG
WKHFRXQW\FOHUN7KHFRXQW\FOHUNVKDOOEH and electronic signature submitted under
responsible for the performance of duties by subsection (1) of this section will constitute
WKRVHDSSRLQWHG a completed registration card for the person
IRUSXUSRVHVRIWKLVFKDSWHU7KHSHUVRQVKDOO
(8) A registration card received and accepted be registered to vote if the county clerk deter-
under this section shall be considered an active PLQHVWKDWWKHSHUVRQLVTXDOLÀHGWRYRWHXQGHU
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(9) A registration may be updated at any tion, and the person is not already registered
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FFF or add to an elector registration list, a person
FFF who meets eligibility requirements until at
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247.014 Transfer of voter registration 6WDWHRUFRXQW\FOHUNSURYLGHGQRWLÀFDWLRQWR
information by Department of Transpor- the person as described in subsection (2) of this
tation. ,QLPSOHPHQWLQJ256 VHFWLRQ
DQGWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ (5) The Secretary of State shall adopt rules
shall take steps reasonably necessary to allow UHTXLUHGWRLPSOHPHQWWKLVVHFWLRQ>)RUPHUO\
FFF GHVLJQHGE\WKH6HFUHWDU\RI6WDWH7KHVHFUH-
@ tary may revoke any permission granted under
247.019 Electronic voter registration; WKLVVXEVHFWLRQDWDQ\WLPH$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
D2UHJRQGULYHUOLFHQVHDVGHÀQHGLQ256 voter registration application form developed
for use by any agency designated as a voter
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or approved by the Secretary of State shall
F6WDWHLGHQWLÀFDWLRQFDUGLVVXHGXQGHU describe the penalties for knowingly supplying
256 false information on the registration card and
(2) The electronic voter registration system shall contain space for a person to provide the
VKDOODOORZDTXDOLÀHGSHUVRQWRFRPSOHWHDQG IROORZLQJLQIRUPDWLRQ
GHOLYHUDUHJLVWUDWLRQFDUGHOHFWURQLFDOO\$ (a) Full name;
registration card delivered under this section is
considered delivered to the Secretary of State (b) Residence address, mailing address or
IRUSXUSRVHVRIWKLVFKDSWHU any other information necessary to locate the
residence of the person offering to register to
(3) A person who completes a registration vote;
card electronically under this section consents
to the use of the person’s driver license, driver (c) The name of the political party with
SHUPLWRUVWDWHLGHQWLÀFDWLRQFDUGVLJQDWXUH ZKLFKWKHSHUVRQLVDIÀOLDWHGLIDQ\
IRUYRWHUUHJLVWUDWLRQSXUSRVHV (d) Date of birth;
(4) The Department of Transportation shall (e) An indication that the person is a citizen
provide to the Secretary of State a digital copy of the United States; and
of the driver license, driver permit or state (f) A signature attesting to the fact that the
LGHQWLÀFDWLRQFDUGVLJQDWXUHRIHDFKSHUVRQ SHUVRQLVTXDOLÀHGWREHDQHOHFWRU
who completes a registration card under this
VHFWLRQ>F@ (4) Any form containing a voter registration
card may also include space for a person to
247.025 Registration deadline; required SURYLGH
address. 7RYRWHLQDQHOHFWLRQ
(a) A telephone number where the person
(1) A person’s registration card must be may be contacted; and
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256QRWODWHUWKDQWKHWLPHWKHRIÀFH E,ISUHYLRXVO\UHJLVWHUHGWRYRWHLQWKLV
or location closes for business on the 21st day state, the name then supplied by the person
immediately preceding the election, but in no and the county and, if known, the address of
case later than midnight of the 21st day imme- SUHYLRXVUHJLVWUDWLRQ
diately preceding the election; (5) A person shall not supply any informa-
(2) A person’s registration card must be tion under subsection (3) or (4) of this section
postmarked not later than the 21st day imme- NQRZLQJLWWREHIDOVH
diately preceding the election and be addressed $FRXQW\FOHUNRURWKHUSHUVRQDFFHSW-
WRDQRIÀFHRIDQ\FRXQW\FOHUNWKH2IÀFHRIWKH ing registration cards shall not request any
6HFUHWDU\RI6WDWHDQRIÀFHRIWKH'HSDUWPHQW information unless it is authorized by state or
of Transportation or any designated voter reg- IHGHUDOODZ
LVWUDWLRQDJHQF\DVGHVFULEHGLQ256
or (7) A person shall attest to the information
supplied on the voter registration card by sign-
(3) A person’s registration card must be LQJWKHFRPSOHWHGUHJLVWUDWLRQFDUG
delivered electronically as described in ORS
QRWODWHUWKDQSPRIWKHVW (8) Any completed and signed registration
GD\LPPHGLDWHO\SUHFHGLQJWKHHOHFWLRQ> card described in subsection (3) of this section
FFF VKDOOEHWKHRIÀFLDOUHJLVWUDWLRQFDUGRIWKH
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247.171 State and federal voter regis- FFF
tration cards; Secretary of State approval FFFF
of voter registration application forms of FF@
voter registration agencies; content of
voter registration cards. ([FHSWDVSUR- 247.174 Determining if person quali-
vided in this subsection, the Secretary of State ÀHGWRUHJLVWHURUXSGDWHUHJLVWUDWLRQ
shall design, prepare and distribute state voter hearing. 7KHTXDOLÀFDWLRQVRIDQ\SHUVRQ
UHJLVWUDWLRQFDUGV7KH6HFUHWDU\RI6WDWHVKDOO who requests to be registered or to update a
DOVRGLVWULEXWHIHGHUDOUHJLVWUDWLRQFDUGV$Q\ UHJLVWUDWLRQVKDOOEHGHWHUPLQHGLQWKHÀUVW
person may apply in writing to the Secretary of LQVWDQFHE\WKHFRXQW\FOHUNRURIÀFLDOGHVLJ-
State for permission to print, copy or otherwise nated by the county clerk to register persons
prepare and distribute the registration cards DVHOHFWRUVIURPWKHHYLGHQFHSUHVHQW
WUDYHOWUDLOHUGHVFULEHGLQ256WKDW FFF
is being used either as a permanent home or FFF@
for other than recreational purposes may apply 3XUSRVHVRIWUDIÀFVDIHW\HGX-
to the assessor in the county in which it has cation course. $ WUDIÀF VDIHW\ HGXFDWLRQ
situs to have the travel trailer assessed for ad course shall be conducted in order to facilitate
YDORUHPWD[DWLRQ,IWKHDVVHVVRUGHWHUPLQHV the policing of the streets and highways of this
that the travel trailer is being used either as a state and to reduce the direct cost thereof by
permanent home or for other than recreational educating youthful drivers in safe and proper
uses, the assessor shall place the travel trailer GULYLQJSUDFWLFHV>)RUPHUO\
on the assessment and tax rolls the same as if F@
LWZHUHDPDQXIDFWXUHGVWUXFWXUH7KHDVVHV-
sor shall accept the travel trailer plate for the 6FKRROFRXUVHLQWUDIÀFVDIHW\
vehicle and return the plate to the Department education; tuition. (1) Any private school,
of Transportation, and shall, as appropriate, public school, commercial driver training
record the travel trailer in the county deed VFKRRORUFRXQW\PD\RIIHUDFRXUVHLQWUDIÀF
records or assist in obtaining an ownership safety education and charge tuition for the
document for the travel trailer under ORS FRXUVH7KHFXUULFXOXPIRUWKHWUDIÀFVDIHW\
$Q\ WUDYHO WUDLOHU SODFHG RQ WKH education course shall be established by the
assessment and tax rolls under this section is Department of Transportation under ORS
considered a manufactured structure for all
SXUSRVHV $SXEOLFVFKRROPD\RIIHUDWUDIÀFVDIHW\
(2) The owner of any special use trailer education course to private school pupils or to
GHVFULEHGLQ256WKDWLVHLJKWDQG pupils in neighboring public schools that do
one-half feet or less in width may apply to the QRWRIIHUWUDIÀFVDIHW\HGXFDWLRQFRXUVHV$
assessor of the county in which it has situs to SXEOLFVFKRRORIIHULQJDWUDIÀFVDIHW\HGXFDWLRQ
have the special use trailer assessed for ad course to private school pupils or to pupils in
YDORUHPWD[DWLRQ,IWKHDVVHVVRUGHWHUPLQHV neighboring public schools shall adopt written
that the special use trailer is eight and one- policies and procedures for the admission of the
half feet or less in width and is permanently SXSLOV
situated in one place, the assessor shall place $SHUVRQHPSOR\HGWRWHDFKDWUDIÀF
the special use trailer on the assessment and VDIHW\HGXFDWLRQFRXUVHPXVWPHHWTXDOLÀFD-
tax rolls in the same way as if it were a man- tions established by the department under ORS
XIDFWXUHGVWUXFWXUH7KHDVVHVVRUVKDOODFFHSW >)RUPHUO\F
any special use trailer plate for the vehicle and FFF
return the plate to the Department of Trans- FF@
portation, and shall, as appropriate, record the
special use trailer in the county deed records or 7UDIÀFVDIHW\HGXFDWLRQFRXUVH
assist in obtaining an ownership document for curriculum; rules. (1) The Department of
WKHVSHFLDOXVHWUDLOHUXQGHU256$Q\ Transportation, in consultation with the
special use trailer placed on the assessment Transportation Safety Committee, shall
and tax rolls under this section is considered a HVWDEOLVK D FXUULFXOXP IRU D WUDIÀF VDIHW\
PDQXIDFWXUHGVWUXFWXUHIRUDOOSXUSRVHV> HGXFDWLRQFRXUVHXQGHU2567KH
FFF curriculum shall establish standards for
FFF a course of instruction to be devoted to the
F@ study and practice of rules of the road, the
safe and proper operation of motor vehicles,
Note6HHQRWHXQGHU accident prevention and other matters that
promote safe and lawful driving habits and
UHGXFHWKHQHHGIRULQWHQVLYHKLJKZD\SROLFLQJ
Chapter 336 The course shall include classroom instruction
and on-street driving or simulated driving in
DGULYLQJVLPXODWRU1RSXSLOPD\SDUWLFLSDWH
STUDENT DRIVER TRAINING in on-street driving instruction unless the
pupil is enrolled in or has completed a course
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336.820. $VXVHGLQ256WR
XQOHVVWKHFRQWH[WUHTXLUHVRWKHUZLVH (2) The department shall adopt by rule a
SURFHGXUHWRFHUWLI\WKDWDWUDIÀFVDIHW\HGX-
´&RPPHUFLDO GULYHU WUDLQLQJ VFKRROµ cation course meets curriculum standards
means a school operated by a person issued a HVWDEOLVKHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ
FRPPHUFLDOGULYHUWUDLQLQJVFKRROFHUWLÀFDWH
by the Department of Transportation under (3) The department shall adopt rules estab-
256 OLVKLQJTXDOLÀFDWLRQVIRUDSHUVRQWRWHDFKD
WUDIÀFVDIHW\HGXFDWLRQFRXUVH
´3ULYDWHVFKRROµPHDQVDSULYDWHRUSDUR-
FKLDOKLJKVFKRRO (4) The department shall adopt rules neces-
VDU\WRDGPLQLVWHU256DQG
´3XEOLFVFKRROµPHDQVDFRPPRQRUXQLRQ >)RUPHUO\@
high school district, education service district,
a community college district and the Oregon NoteDQGZHUHDGGHGWR
6FKRROIRUWKH'HDI>)RUPHUO\ DQGPDGHDSDUWRIWRE\OHJLV-
lative action but were not added to any smaller
(3) The department shall make periodic (c) Children who have received a high school
studies to determine the effectiveness of traf- GLSORPD
ÀFVDIHW\HGXFDWLRQFRXUVHVFRQGXFWHGXQGHU (d) Children being taught for a period equiv-
DXWKRULW\RI256WR>)RU- alent to that required of children attending
PHUO\FF@ public schools by a private teacher the courses
336.815 Contract with commercial of study usually taught in kindergarten
driver training school. Any public school or WKURXJKJUDGHLQWKHSXEOLFVFKRRO
county may contract with a commercial driver (e) Children being educated in the children’s
training school for the instruction of students KRPHE\DSDUHQWRUOHJDOJXDUGLDQ
HQUROOHGLQDWUDIÀFVDIHW\HGXFDWLRQFRXUVH
>)RUPHUO\FF (f) Children excluded from attendance as
FF@ SURYLGHGE\ODZ
336.820 Sanctions for violation of ORS 7KH6WDWH%RDUGRI(GXFDWLRQDQGWKH
336.790 to 336.820. (1) The Department of +LJKHU(GXFDWLRQ&RRUGLQDWLQJ&RPPLVVLRQ
Transportation may impose sanctions against by rule shall establish procedures whereby, on
WKHSURYLGHURIDWUDIÀFVDIHW\HGXFDWLRQFRXUVH a semiannual basis, an exemption from compul-
FHUWLÀHGXQGHU256LIWKHGHSDUWPHQW sory attendance may be granted to the parent
determines that the provider has violated any RUOHJDOJXDUGLDQRIDQ\FKLOGRU\HDUVRI
SURYLVLRQRI256WRRUDQ\ age who is lawfully employed full-time or who
rule adopted by the department under ORS is lawfully employed part-time and enrolled in
WR school, a community college or an alternative
HGXFDWLRQSURJUDPDVGHÀQHGLQ256
(2) Sanctions that may be imposed under An exemption also may be granted to any child
WKLVVHFWLRQLQFOXGHEXWDUHQRWOLPLWHGWR who is an emancipated minor or who has ini-
(a) A warning; tiated the procedure for emancipation under
(b) Reduction or denial of reimbursement 256%WR%>$PHQGHGE\
XQGHU256DQG FFF
FFF
F6XVSHQVLRQRUUHYRFDWLRQRIFHUWLÀFDWLRQ FFF
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(3) For the purpose of deciding appropriate FF@
sanctions under this section, the department Note7KHDPHQGPHQWVWRE\VHF-
may consider the severity of the violation, the tion 3, chapter 234, Oregon Laws 2015, take
impact of the violation on pupils and public HIIHFW-XO\6HHVHFWLRQFKDSWHU
safety, the number of similar or related vio- 2UHJRQ/DZV7KHWH[WWKDWLVHIIHFWLYH
lations by the provider, whether the violation XQWLO-XO\LVVHWIRUWKIRUWKHXVHU·V
was willful and the history of prior sanctions FRQYHQLHQFH
LPSRVHGDJDLQVWWKHSURYLGHU
339.030,QWKHIROORZLQJFDVHVFKLOGUHQ
(4) Sanctions under this section are in addi- may not be required to attend public full-time
WLRQWRDQ\RWKHUSHQDOW\SURYLGHGE\ODZ> VFKRROV
F@
(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
Chapter 339 schools and in attendance for a period equiv-
alent to that required of children attending
SXEOLFVFKRROVLQWKHVFKRRO\HDU
SCHOOL ATTENDANCE; TUITION; (b) Children proving to the satisfaction of the
DISCIPLINE; SAFETY district school board that they have acquired
equivalent knowledge to that acquired in the
Compulsory School Attendance courses of study taught in grades 1 through 12
339.030 Exemptions from compulsory LQWKHSXEOLFVFKRROV
school attendance; rules. ,QWKHIROORZ- (c) Children who have received a high school
ing cases, children may not be required to GLSORPD
DWWHQGSXEOLFIXOOWLPHVFKRROV
(d) Children being taught for a period equiv-
(a) Children being taught in a private or alent to that required of children attending
parochial school in the courses of study usually public schools by a private teacher the courses
taught in kindergarten through grade 12 in the of study usually taught in grades 1 through 12
public schools and in attendance for a period LQWKHSXEOLFVFKRRO
equivalent to that required of children attend-
LQJSXEOLFVFKRROVLQWKHVFKRRO\HDU (e) Children being educated in the children’s
KRPHE\DSDUHQWRUOHJDOJXDUGLDQ
(b) Children proving to the satisfaction of the
district school board that they have acquired (f) Children excluded from attendance as
equivalent knowledge to that acquired in SURYLGHGE\ODZ
the courses of study taught in kindergarten 7KH6WDWH%RDUGRI(GXFDWLRQDQGWKH
WKURXJKJUDGHLQWKHSXEOLFVFKRROV +LJKHU(GXFDWLRQ&RRUGLQDWLQJ&RPPLVVLRQ
by rule shall establish procedures whereby,
state highways and to fund modernization of the highway safety, environmental quality and
highways and local roads to support economic land use goals of this state;
GHYHORSPHQWLQ2UHJRQ3URMHFWVERWKRQDQG (b) Responsibility for the cost of the highway,
RIIWKHVWDWHKLJKZD\V\VWHPDUHHOLJLEOH road and street system should be proportional
(3) Projects to be implemented by the mod- and should be based on the number and types
ernization program shall be selected by the of vehicles that use the system and on the fre-
2UHJRQ7UDQVSRUWDWLRQ&RPPLVVLRQ7KHFUL- quency of their use; and
teria for selection of projects will be established F([SDQVLRQPRGHUQL]DWLRQPDLQWHQDQFH
after public hearings that allow citizens an repair, reconstruction, increased capacity and
RSSRUWXQLW\WRUHYLHZWKHFULWHULD7KHFRPPLV- enhanced safety on all roads and bridges is cru-
sion may use up to one-half of moneys available FLDOWRWKHHFRQRPLFUHYLWDOL]DWLRQRI2UHJRQ
under this section for modernization projects
selected by the commission from a list of proj- (2) The Legislative Assembly declares that
HFWVRIVWDWHZLGHVLJQLÀFDQFH 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-
D3URMHFWVPXVWEHRIVLJQLÀFDQFHWRWKH ment and maintenance of the road and bridge
VWDWHKLJKZD\V\VWHP system; and
E([FHSWIRUSURMHFWVWKDWDUHRIVWDWHZLGH (b) To enhance the revitalization of this
VLJQLÀFDQFHSURMHFWVPXVWEHHTXLWDEO\GLVWULE- state’s economy by implementing a long-term
XWHGWKURXJKRXW2UHJRQ plan for the state, counties and cities that
(c) Projects may be on county or city arte- establishes priorities for road and bridge
rial roads connecting to or supporting a state LPSURYHPHQWV>F@
KLJKZD\ 1RWHZDVHQDFWHGLQWRODZE\WKH/HJ-
(d) Priority may be given to projects that islative Assembly but was not added to or made
make a meaningful contribution to increased DSDUWRI256FKDSWHURUDQ\VHULHVWKHUHLQ
KLJKZD\VDIHW\ E\OHJLVODWLYHDFWLRQ6HH3UHIDFHWR2UHJRQ
(e) Priority may also be given to projects 5HYLVHG6WDWXWHVIRUIXUWKHUH[SODQDWLRQ
WKDWHQFRXUDJHHFRQRPLFGHYHORSPHQWZKHUH 366.510 Turning over highway funds to
(A) There is commitment by private industry State Treasurer. $OOVWDWHRIÀFLDOVFKDUJHG
WRFRQVWUXFWDIDFLOLW\ with the collection of highway funds shall,
XSRQWKHÀUVWRIHDFKPRQWKDIWHUFROOHFWLRQ
(B) There is support from other state unless a different time is otherwise provided,
DJHQFLHV turn the same over to the State Treasurer, who
(f) Priority may be given where there is local shall enter such revenues in the account of the
JRYHUQPHQWRUSULYDWHVHFWRUÀQDQFLDOSDUWLFL- KLJKZD\IXQG>$PHQGHGE\F@
pation, or both, in the improvement in addition 366.512 Collection of certain registra-
WRLPSURYHPHQWVDGMDFHQWWRWKHSURMHFW tion fees for State Parks and Recreation
(g) Priority may be given where there is Department Fund. (1) The Department of
VWURQJORFDOVXSSRUW 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 $VXVHGLQWKLVVHFWLRQ
modernization program as long as the total D´&DPSHUµKDVWKHPHDQLQJJLYHQWKDW
amount used is equal to the amount described WHUPLQ256
LQWKLVVHFWLRQ)HGHUDOPRQH\VWKDWDUHDSSUR-
SULDWHGE\&RQJUHVVIRUVSHFLÀFSURMHFWVDQG E´0RWRUKRPHµKDVWKHPHDQLQJJLYHQ
federal moneys that are allocated by the United WKDWWHUPLQ256
States Department of Transportation for F´7UDYHOWUDLOHUµKDVWKHPHDQLQJJLYHQ
VSHFLÀFSURMHFWVPD\QRWEHXVHGIRUWKHPRG- WKDWWHUPLQ256>F
HUQL]DWLRQSURJUDPXQGHUWKLVVHFWLRQ> FFF
FFF FFF
FFF@ FFF
/HJLVODWLYH ÀQGLQJV (1) The F@
/HJLVODWLYH$VVHPEO\ÀQGVWKDW 366.514 Use of highway fund for foot-
D(VWLPDWHGKLJKZD\URDGDQGVWUHHWUHY- paths and bicycle trails. (1) Out of the funds
enues from current sources will not adequately received by the Department of Transporta-
meet the need for continued development of a tion or by any county or city from the State
statewide road and bridge system that is eco- Highway Fund reasonable amounts shall be
QRPLFDOO\HIÀFLHQWSURYLGHVDFFHVVLELOLW\WR expended as necessary to provide footpaths
and from commercial, agricultural, industrial, and bicycle trails, including curb cuts or ramps
tourist and recreational facilities and enhances DVSDUWRIWKHSURMHFW)RRWSDWKVDQGELF\FOH
trails, including curb cuts or ramps as part
of the project, shall be provided wherever a restrict the use of footpaths and bicycle trails
highway, road or street is being constructed, under their respective jurisdictions to pedes-
UHFRQVWUXFWHGRUUHORFDWHG)XQGVUHFHLYHG trians and nonmotorized vehicles, except that
from the State Highway Fund may also be motorized wheelchairs shall be allowed to use
expended to maintain footpaths and trails 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>FF
VHFWLRQ FFF
(a) Where the establishment of such paths FFF@
and trails would be contrary to public safety; 366.516 Incurring obligations payable
E,IWKHFRVWRIHVWDEOLVKLQJVXFKSDWKVDQG from anticipated revenues. The Depart-
trails would be excessively disproportionate to ment of Transportation may incur obligations
the need or probable use; or to be paid from the State Highway Fund for
the construction, reconstruction, improvement,
(c) Where sparsity of population, other avail- repair or maintenance of highways, streets and
able ways or other factors indicate an absence bridges in excess of the amount then standing
RIDQ\QHHGIRUVXFKSDWKVDQGWUDLOV to the credit of the State Highway Fund if in
(3) The amount expended by the depart- the opinion of the department there will be suf-
ment or by a city or county as required or ÀFLHQWIXQGVDYDLODEOHIRUWKHSD\PHQWRIVXFK
permitted by this section shall never in any obligations when they become due and payable
RQHÀVFDO\HDUEHOHVVWKDQRQHSHUFHQWRIWKH and all other debts, obligations and expenses
total amount of the funds received from the chargeable against the State Highway Fund
KLJKZD\IXQG+RZHYHU including those amounts that are required by
law to be set aside from the State Highway
(a) This subsection does not apply to a city in )XQG IRU SDUWLFXODU SXUSRVHV 2EOLJDWLRQV
any year in which the one percent equals $250 incurred under the authority of this section
or less, or to a county in any year in which the need not be payable in the same biennial period
RQHSHUFHQWHTXDOVRUOHVV GXULQJZKLFKWKHREOLJDWLRQLVLQFXUUHG>
(b) A city or county in lieu of expending F@
the funds each year may credit the funds to a 366.517 Department may determine
ÀQDQFLDOUHVHUYHIXQGLQDFFRUGDQFHZLWK256 certain accounting procedures. The
WREHKHOGIRUQRWPRUHWKDQ\HDUV Department of Transportation shall determine
and to be expended for the purposes required the accounting period for which any expen-
RUSHUPLWWHGE\WKLVVHFWLRQ ditures shall be charged against the State
(c) For purposes of computing amounts +LJKZD\)XQG7KHGHSDUWPHQWPD\FKDUJH
H[SHQGHGGXULQJDÀVFDO\HDUXQGHUWKLVVXE- such expenditures against the State Highway
section, the department, a city or county may Fund at the time the expenditures are actu-
UHFRUGWKHPRQH\DVH[SHQGHG ally paid even though the expenditures were
REOLJDWHGGXULQJDSULRUDFFRXQWLQJSHULRG
(A) On the date actual construction of the The department may keep its accounts on a
facility is commenced if the facility is con- FDOHQGDU\HDUEDVLV>FF
structed by the city, county or department @
itself; or
366.518 Expenditures from highway
(B) On the date a contract for the construc- fund to be reported, budgeted and limited
tion of the facilities is entered with a private to amounts budgeted. The Department of
contractor or with any other governmental Transportation shall submit a biennial state-
ERG\ ment and budget estimate as required by law,
(4) For the purposes of this chapter, the and shall limit its expenditures from the State
establishment of paths, trails and curb cuts or Highway Fund during each biennial period
ramps and the expenditure of funds as autho- to the total amount of the budget approved
rized by this section are for highway, road and according to law; provided, that the word
VWUHHWSXUSRVHV7KHGHSDUWPHQWVKDOOZKHQ ´H[SHQGLWXUHVµVKDOOPHDQDOOPRQH\DFWXDOO\
requested, provide technical assistance and paid out or due and payable, but shall not mean
advice to cities and counties in carrying out liabilities or obligations incurred but not due
WKHSXUSRVHRIWKLVVHFWLRQ7KHGHSDUWPHQW DQGSD\DEOHXQWLODVXEVHTXHQWELHQQLDOSHULRG
shall recommend construction standards The provisions of any law establishing a Leg-
IRUIRRWSDWKVDQGELF\FOHWUDLOV&XUEFXWVRU islative Assembly emergency committee shall
ramps shall comply with the requirements of apply to expenditures from the State Highway
256DQGUXOHVDGRSWHGXQGHU256 )XQG>F@
7KHGHSDUWPHQWVKDOOLQWKHPDQQHU 366.520 Expenses in legalizing state
prescribed for marking highways under ORS highways. The expenses incurred in any
SURYLGHDXQLIRUPV\VWHPRIVLJQLQJ proceeding by the Department of Transpor-
footpaths and bicycle trails which shall apply WDWLRQXQGHU256WRZKHQ
to paths and trails under the jurisdiction applied to state highways, shall be paid out
RIWKHGHSDUWPHQWDQGFLWLHVDQGFRXQWLHV RIWKHKLJKZD\IXQG>$PHQGHGE\F
The department and cities and counties may @
manner as moneys allocated to cities under (2) Notwithstanding any other allocation of
256DUHGLVWULEXWHG moneys to counties and cities under this chap-
(3)(a) Multnomah County shall spend a ter, the amount of moneys from the increases
majority of moneys distributed to it under described in subsection (1) of this section
subsection (2)(b) of this section on bridges in VKDOOEHDOORFDWHGSHUFHQWWRFRXQWLHVDQG
WKHFRXQW\ SHUFHQWWRFLWLHV0RQH\VDOORFDWHGXQGHU
this section shall be distributed in the same
(b) Moneys distributed to Multnomah manner as moneys allocated to counties and
County under subsection (2)(b) of this section FLWLHV XQGHU 256 DUH GLVWULEXWHG
that are not spent on bridges shall be distrib- >F@
uted equitably within the county, based on the
agreement described in paragraph (c) of this 366.752 Allocation of moneys from
VXEVHFWLRQ VSHFLÀHGLQFUHDVHVLQIHHV(1) The follow-
ing moneys shall be allocated as described in
(c) Multnomah County and the cities within VXEVHFWLRQVDQGRIWKLVVHFWLRQ
the county shall agree upon the distribution
of moneys described in paragraph (b) of this (a) The amount attributable to the fee
VXEVHFWLRQ:KHQWKHFRXQW\DQGWKHFLWLHV LQFUHDVHVE\WKHDPHQGPHQWVWR256
have reached an agreement, they shall notify E\VHFWLRQFKDSWHU2UHJRQ/DZV
the Oregon Transportation Commission of the (b) The amount attributable to the fee
DJUHHPHQW,IWKHFRPPLVVLRQGRHVQRWUHFHLYH LQFUHDVHVE\WKHDPHQGPHQWVWR256
notice of an agreement by June 30, 2004, the E\VHFWLRQFKDSWHU2UHJRQ/DZV
Department of Transportation may not dis- (c) The amount attributable to the fee
tribute moneys that would otherwise go to the LQFUHDVHVE\WKHDPHQGPHQWVWR256
FRXQW\XQGHUSDUDJUDSKERIWKLVVXEVHFWLRQ E\VHFWLRQDFKDSWHU2UHJRQ/DZV
Such moneys shall revert to the State Highway
Fund for use by the Department of Transpor-
WDWLRQ>F@ (d) The amount attributable to the fee
LQFUHDVHVE\WKHDPHQGPHQWVWR256
366.747 Allocation of moneys from E\VHFWLRQFKDSWHU2UHJRQ/DZV
VSHFLÀHGLQFUHDVHVLQIHHV(1) The follow-
ing moneys shall be allocated as described in (e) The amount attributable to the fee
VXEVHFWLRQRIWKLVVHFWLRQ LQFUHDVHE\WKHDPHQGPHQWVWR256
E\VHFWLRQDFKDSWHU2UHJRQ/DZV
(a) The amount attributable to the increase
in the inspection fee by the amendments to
256 E\ VHFWLRQ FKDSWHU (f) The amount attributable to the increase
2UHJRQ/DZV in fees and tax rates by the amendments to
256DQG
(b) The amount attributable to any increase E\VHFWLRQVDQGWRFKDS-
in registration plate fees by the amendments WHU2UHJRQ/DZV
WR256E\VHFWLRQFKDSWHU
2UHJRQ/DZV (2) The moneys described in subsection (1)
RIWKLVVHFWLRQVKDOOEHDOORFDWHGÀUVWLQDQ
(c) The amount attributable to the increases amount of $24 million per year in monthly
in fees for driver licenses, permits and endorse- installments to the Department of Trans-
PHQWVE\WKHDPHQGPHQWVWR256E\ portation for the purposes described in the
VHFWLRQFKDSWHU2UHJRQ/DZV long-range plan developed pursuant to ORS
(d) The amount attributable to the increase 7KHUHPDLQGHURIWKHPRQH\VVKDOO
in the weight receipt fee by the amendments be allocated as provided in subsection (3) of
WR256E\VHFWLRQFKDSWHU WKLVVHFWLRQ
2UHJRQ/DZV (3) The moneys described in subsection (1)
(2) The moneys described in subsection (1) of this section that remain after the allocation
RIWKLVVHFWLRQVKDOOEHDOORFDWHGSHUFHQW of moneys described in subsection (2) of this
WRFRXQWLHVDQGSHUFHQWWRFLWLHV0RQH\V VHFWLRQVKDOOEHDOORFDWHGDVIROORZV
allocated under this section shall be distrib- (a) 50 percent to the Department of
uted in the same manner as moneys allocated 7UDQVSRUWDWLRQ
WRFRXQWLHVDQGFLWLHVXQGHU256DUH
GLVWULEXWHG>F@ (b) 30 percent to counties for distribution as
SURYLGHGLQ256
366.749 Allocation of moneys resulting
from increase in numbers of vehicle reg- (c) 20 percent to cities for distribution as
istrations, titles and trip permits due to SURYLGHGLQ256
VSHFLÀHGDFWLRQVE\YHKLFOHGHDOHUVDQG ([FHSWDVSURYLGHGLQVXEVHFWLRQRI
persons engaged in towing. (DFK\HDU this section, the moneys described in subsec-
the Department of Transportation shall deter- tion (3)(a) of this section or equivalent amounts
mine the increase in the number of vehicle that become available to the Department of
registrations and titles that is attributable to 7UDQVSRUWDWLRQVKDOOEHDOORFDWHGDVIROORZV
256DQGWKHLQFUHDVHLQWKHQXPEHU
RIWULSSHUPLWVLVVXHGXQGHU256WKDW (a) 33 percent for maintenance, preservation
is attributable to the amendments to ORS DQGVDIHW\RIKLJKZD\V
E\VHFWLRQFKDSWHU2UHJRQ
/DZV
(h) All interest earnings on investments held in the State Tollway Account as security
made from any of the moneys held in the State for the obligations of a private entity unless
Tollway Account; and the department has entered into a binding
(i) All civil penalties and administrative fees and enforceable agreement that provides the
paid to the department from the enforcement department reasonable assurance that the
RIWROOV department will be repaid, with appropriate
interest, any amounts that the department is
(2) Moneys in the State Tollway Account may UHTXLUHGWRDGYDQFHSXUVXDQWWRWKDWSOHGJH
be used by the department for the following
SXUSRVHV (5) Moneys in the State Tollway Account are
continuously appropriated to the department
D 7R ÀQDQFH SUHOLPLQDU\ VWXGLHV DQG IRUSXUSRVHVDXWKRUL]HGE\WKLVVHFWLRQ>
reports for any tollway project; FFF
(b) To acquire land to be owned by the state F@
for tollways and any related facilities therefor; 383.014 Interstate system compati-
F7RÀQDQFHWKHFRQVWUXFWLRQUHQRYDWLRQ bility; rules. The Oregon Transportation
operation, improvement, maintenance or Commission shall set standards by rule for
repair of any tollway project; electronic toll collection systems and photo
enforcement systems used on tollways in this
(d) To make grants or loans to a unit of gov- state to ensure that systems used in Oregon
ernment for tollway projects; and systems used in the State of Washington
(e) To make loans to private entities for toll- are compatible to the extent technology per-
way projects; PLWV>F@
(f) To pay the principal, interest and pre- 383.015 Initiation of project; fees; rules;
mium due with respect to, and to pay the conditions for authorization; studies.
costs connected with the issuance or ongoing (1) Tollway projects may be initiated by the
DGPLQLVWUDWLRQRIDQ\ERQGVRURWKHUÀQDQFLDO Department of Transportation, by a unit of gov-
obligations authorized to be issued by, or the ernment having an interest in the installation
proceeds of which are received by, the depart- of a tollway, or by a private entity interested in
ment for any tollway project; FRQVWUXFWLQJRURSHUDWLQJDWROOZD\SURMHFW7KH
department shall charge an administrative
(g) To provide a guaranty or other security fee for reviewing and considering any tollway
IRUDQ\ERQGVRURWKHUÀQDQFLDOREOLJDWLRQV project proposed by a private entity, which the
LQFOXGLQJEXWQRWOLPLWHGWRÀQDQFLDOREOL- GHSDUWPHQWVKDOOHVWDEOLVKE\UXOH$OOVXFK
gations with respect to any bond insurance, administrative fees shall be deposited into the
surety or credit enhancement device issued 6WDWH7ROOZD\$FFRXQW
or incurred by the department, a unit of gov-
ernment or a private entity, for the purpose of (2) The department shall adopt rules pur-
ÀQDQFLQJDVLQJOHWROOZD\SURMHFWRUDQ\UHODWHG suant to which it will consider authorization
group or system of tollways or related facilities; RIDWROOZD\SURMHFW7KHUXOHVVKDOOUHTXLUH
and FRQVLGHUDWLRQRI
(h) To pay the costs incurred by the (a) The opinions and interests of units of
department in connection with its oversight, government encompassing or adjacent to the
operation and administration of the State path of the proposed tollway project in having
Tollway Account, the proposals and projects the tollway installed;
VXEPLWWHGXQGHU256DQGWKHWROOZD\ (b) The probable impact of the proposed toll-
SURMHFWVÀQDQFHGXQGHU256 way project on local environmental, aesthetic
(3) For purposes of paying or securing bonds and economic conditions and on the economy
or providing a guaranty, surety or other secu- of the state in general;
rity authorized by subsection (2)(g) of this (c) The extent to which funding other than
VHFWLRQWKHGHSDUWPHQWPD\ state funding is available for the proposed toll-
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- related to the construction and future mainte-
way Account, and make covenants regarding nance, repair and reconstruction of the tollway
the credit to and use of amounts in those project, including the repayment of any loans
accounts and subaccounts; and to be made from moneys in the State Tollway
Account;
F (VWDEOLVK VHSDUDWH WUXVW IXQGV RU
accounts and make covenants to transfer to (e) With respect to tollway projects, any por-
those separate trust funds or accounts all or WLRQRIZKLFKZLOOEHÀQDQFHGZLWKVWDWHIXQGV
any portion of the amounts that are required RUGHSDUWPHQWORDQVRUJUDQWV
WREHGHSRVLWHGLQWKH6WDWH7ROOZD\$FFRXQW (A) The relative importance of the proposed
(4) Notwithstanding any other provision of tollway project compared to other proposed
256WRWKHGHSDUWPHQWVKDOO tollways; and
not pledge any funds or amounts at any time
transaction as the waivable charge shall be (a) That the criminal or municipal court
consolidated with the waivable charge for pur- prior to hearing a case, other than a case
poses of conducting the adjudicatory hearing involving a parking violation, in which the
RQWKHQRQZDLYDEOHFKDUJHV>F defendant is or appears to be under 18 years
F@ of age notify the juvenile court of that fact; and
419C.361 Disposition of nonwaivable (b) That the juvenile court may direct that
consolidated charges and lesser included any such case be waived to the juvenile court
offenses. (1) Notwithstanding that the juve- IRUIXUWKHUSURFHHGLQJV
nile court has waived the case under ORS (3)(a) When a person who has been waived
& & & & under subsection (1)(c) of this section is con-
&&DQG&WKHFRXUW victed of a property offense, the municipal
of waiver shall return the case to the juvenile court may impose any sanction authorized
FRXUWXQOHVVDQDFFXVDWRU\LQVWUXPHQWLVÀOHG IRUWKHRIIHQVHH[FHSWIRULQFDUFHUDWLRQ7KH
in the court of waiver alleging, in the case of municipal court shall notify the juvenile court
DSHUVRQXQGHU\HDUVRIDJHDFULPHOLVWHG RIWKHGLVSRVLWLRQRIWKHFDVH
LQ256&RULQWKHFDVHRIDQ\RWKHU
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 bation, the juvenile court may recall the case
the case may be, and the person is found guilty WRWKHMXYHQLOHFRXUWIRUIXUWKHUSURFHHGLQJV
of any lesser included offense that is not itself a When a person has been returned to juvenile
waivable offense, the trial court shall not sen- court under this paragraph, the juvenile court
tence the defendant therein, but the trial court may proceed as though the person had failed to
shall order a presentence report to be made in appear as summoned to the juvenile court or
the case, shall set forth in a memorandum such had violated a juvenile court probation order
observations as the court may make regarding XQGHU256&
the case and shall then return the case to the (4) Records of cases waived under subsection
juvenile court in order that the juvenile court (1)(c) of this section are juvenile records for
make disposition in the case based upon the SXUSRVHVRIH[SXQFWLRQXQGHU256$
JXLOW\ÀQGLQJLQWKHFRXUWRIZDLYHU'LVSR- >FFF
sition shall be as if the juvenile court itself FFF@
had found the youth to be in its jurisdiction
SXUVXDQWWR256&7KHUHFRUGVDQG 419C.372 Handling of motor vehicle,
consequences of the case shall, in all respects, boating or game cases not requiring
be as if the juvenile court itself had found the waiver. ,IWKH\RXWK·VFRQGXFWFRQVLVWVRULV
youth to be in its jurisdiction pursuant to ORS alleged to consist, of a violation of a law or
&:KHQWKHSHUVRQLVIRXQGJXLOW\RI ordinance relating to the use or operation of a
a nonwaivable charge that was consolidated motor vehicle, boating laws or game laws and
ZLWKDZDLYDEOHFKDUJHXQGHU256& it appears to the court that the nature of the
the case shall be returned to the juvenile court offense and the youth’s background are such
for disposition as provided in this subsection that a proceeding as provided in this chapter
IRUOHVVHULQFOXGHGRIIHQVHV LVQRWZDUUDQWHGWKHFRXUWPD\KDQGOH
1RWKLQJLQWKLVVHFWLRQRU256& (1) Cases involving boating laws or game
DSSOLHVWRDZDLYHUXQGHU256&RU ODZVDVSURYLGHGLQ256&
&>FF@ (2) Cases involving the use or operation of a
419C.370 Waiver of motor vehicle, boat- PRWRUYHKLFOHDVSURYLGHGXQGHU256
ing, game, violation and property cases. >FF@
(1) The juvenile court may enter an order 419C.374 Alternative conduct of pro-
GLUHFWLQJWKDWDOOFDVHVLQYROYLQJ FHHGLQJVLQYROYLQJWUDIÀFERDWLQJDQG
(a) Violation of a law or ordinance relating to game cases. (1) A petition relating to boating
the use or operation of a motor vehicle, boating RUJDPHRIIHQVHVVKDOOEHÀOHGDVSURYLGHGLQ
laws or game laws be waived to criminal or 256&&DQG&0RWRU
municipal court; YHKLFOHRIIHQVHVDUHVXEMHFWWR256
E$QRIIHQVHFODVVLÀHGDVDYLRODWLRQXQGHU 6XPPRQVDVSURYLGHGLQ256&
the laws of this state or a political subdivision shall be issued to the parent or other person
of this state be waived to municipal court if the having physical custody of the youth, requiring
municipal court has agreed to accept jurisdic- the parent or other person to appear with the
tion; and youth before the court at the time and place
VWDWHGLQWKHVXPPRQV
(c) A misdemeanor that entails theft,
destruction, tampering with or vandalism (3) The summons may be served as provided
of property be waived to municipal court LQ256&&DQG&RU
if the municipal court has agreed to accept by mailing a copy thereof to the parent or other
MXULVGLFWLRQ SHUVRQKDYLQJSK\VLFDOFXVWRG\RIWKH\RXWK,I
the summons is served personally, a warrant
(2) Cases waived under subsection (1) of this PD\EHLVVXHGDVSURYLGHGLQ256&
VHFWLRQDUHVXEMHFWWRWKHIROORZLQJ
(4) A hearing shall be held as provided in (a) The court shall send a notice to the
256&&DQG&$WWKH Department of Transportation certifying that
WHUPLQDWLRQRIWKHKHDULQJLIWKHFRXUWÀQGV the youth failed to appear and that the court
the matters alleged in the petition to be true, has ordered the suspension of the driving priv-
LWPD\HQWHUDQRUGHUÀQGLQJWKH\RXWKWREH ileges of the youth; and
D (b) Neither the state nor a juvenile depart-
(a) Youth motor vehicle offender and dispose PHQWFRXQVHORUPD\ÀOHDSHWLWLRQXQGHU256
RIWKHFDVHDVSURYLGHGLQ256RU &DOOHJLQJWKDWWKH\RXWKLVZLWKLQWKH
(b) Youth boating law offender or a game jurisdiction of the court for having committed
law offender and may dispose of the case as an act that if committed by an adult would
SURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ FRQVWLWXWHDYLRODWLRQRI256>
F@
,QDSURFHHGLQJXQGHUWKLVFKDSWHUWKH
MXYHQLOHFRXUWPD\VXVSHQGDKXQWLQJRUÀVK-
ing license or permit where a game violation is
involved and may make such other recommen- Chapter 447
GDWLRQVZKHUHDERDWLQJYLRODWLRQLVLQYROYHG
>FF@
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 VXEVHFWLRQRIWKLVVHFWLRQ6SDFHVPD\DOVR
XQGHU256&DQG EHPDUNHGLQDPDQQHUVSHFLÀHGLQWKHVWDWH
(c) The youth fails to appear as required by EXLOGLQJFRGH
WKHVXPPRQV (2)(a) The number of accessible parking
(2) When a court issues an order under sub- VSDFHVVKDOOEH
VHFWLRQRIWKLVVHFWLRQ
___________________________________________________________________________
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
or by a method acceptable to the commission, (2) Subject to rules of the commission, the
WKHFRPPLVVLRQÀQGVPHHWWKHFULWHULDDGRSWHG 'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\VKDOO
XQGHUVXEVHFWLRQRIWKLVVHFWLRQ D,VVXHOLFHQVHVWRDQ\SHUVRQW\SHRI
'HVLJQDWH E\ UXOH FODVVLÀFDWLRQV RI HTXLSPHQW DSSDUDWXV RU PHWKRG TXDOLÀHG
PRWRUYHKLFOHVIRUZKLFKFHUWLÀHGV\VWHPVDUH SXUVXDQWWRVXEVHFWLRQRIWKLVVHFWLRQ
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- meet the criteria established under subsection
dards for testing systems and inspecting motor (1) of this section and the standards adopted
vehicles to determine and insure compliance SXUVXDQWWR256$WR$DQG
with the standards and criteria established by $>)RUPHUO\@
WKHFRPPLVVLRQ 468A.385 Determination of compliance
([FHSWDVSURYLGHGLQ256$ of motor vehicles. 7KH(QYLURQPHQWDO
contract for the use of or the performance of Quality Commission shall establish and main-
tests or other services within or without the tain procedures and programs for determining
VWDWH>)RUPHUO\F@ whether motor vehicles meet the minimum
468A.370 Cost-effective inspection UHTXLUHPHQWVQHFHVVDU\WRVHFXUHDFHUWLÀFDWH
program; contracts for inspections. The XQGHU256
(QYLURQPHQWDO 4XDOLW\ &RPPLVVLRQ VKDOO (2) Such procedures and programs include,
determine the most cost-effective method of but are not limited to, the installation of a cer-
conducting a motor vehicle pollution control WLÀHGV\VWHPDQGWKHDGMXVWPHQWWXQHXSRU
system inspection program as required by other mechanical work performed on the motor
256$8SRQÀQGLQJWKDWVDYLQJV vehicle in accordance with the requirements
WRWKHSXEOLFDQGLQFUHDVHGHIÀFLHQF\ZRXOG RIWKHFRPPLVVLRQ>)RUPHUO\@
result and the quality of the program would 468A.387 Operating schedules for
be adequately maintained, the commission testing stations. (1) The Department of
may contract with a unit of local government (QYLURQPHQWDO4XDOLW\VKDOOHVWDEOLVKÁH[-
or with a private individual, partnership or ible weekday operating schedules for testing
corporation authorized to do business in the stations that conduct motor vehicle pollution
State of Oregon, for the performance of tests control system inspections described under
or other services associated with conducting a 256$WKDWH[WHQGWKHKRXUVRIRSHU-
motor vehicle pollution control system inspec- DWLRQEH\RQGSPIRUVRPHWHVWLQJVWDWLRQV
WLRQSURJUDP>)RUPHUO\@ IRUVRPHGD\VRIWKHZHHN
468A.375 Notice to state agencies con- (2) After determining the hours of operation
FHUQLQJFHUWLÀFDWLRQV The Department for testing stations under subsection (1) of this
RI (QYLURQPHQWDO 4XDOLW\ VKDOO QRWLI\ WKH section, the department shall advertise the
Department of Transportation and the Oregon hours of operation in as many ways as practi-
6WDWH3ROLFHZKHQHYHUFHUWLÀFDWHVRIDSSURYDO FDEOHLQFOXGLQJEXWQRWOLPLWHGWR
for motor vehicle pollution control systems are
approved, revoked, suspended or restricted by D(QFORVLQJLQIRUPDWLRQDERXWWKHKRXUVRI
WKH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQ>)RU- operation in all mailings and notices related
PHUO\DQGWKHQ@ to motor vehicle emission testing and motor
vehicle registration renewal notices;
468A.380 Licensing of personnel and
HTXLSPHQWFHUWLÀFDWLRQRIPRWRUYHKL- (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 G8VLQJDSSURSULDWH,QWHUQHWDQGRWKHU
motor vehicles and motor vehicle pollution electronic media services that may be avail-
FRQWUROV\VWHPVDQGH[HFXWHWKHFHUWLÀFDWHV DEOH>FF@
GHVFULEHGXQGHU256DQGIRUWKHSUR-
FHGXUHVWREHIROORZHGLQVXFKLQVSHFWLRQV 468A.390 Designation of areas of the
state subject to motor vehicle emission
E (VWDEOLVK FULWHULD DQG H[DPLQDWLRQV inspection program; rules. ,IWKHQHHG
IRUWKHTXDOLÀFDWLRQRIHTXLSPHQWDSSDUDWXV for a motor vehicle pollution control system
and methods used by persons to inspect motor LQVSHFWLRQSURJUDPLVLGHQWLÀHGIRUDQDUHDLQ
vehicles and motor vehicle pollution control WKH6WDWHRI2UHJRQ&OHDQ$LU$FW,PSOHPHQ-
V\VWHPV WDWLRQ3ODQWKHQWKH(QYLURQPHQWDO4XDOLW\
F(VWDEOLVKFULWHULDDQGH[DPLQDWLRQVIRU Commission, by rule, shall designate bound-
WKHWHVWLQJRIPRWRUYHKLFOHV DULHVLQDGGLWLRQWRWKHDUHDVVSHFLÀHGLQ256
DDQGEZLWKLQZKLFKPRWRU
vehicles are subject to the requirement under
256WRKDYHDFHUWLÀFDWHRIFRPSOLDQFH LVVXDQFHRIFHUWLÀFDWHVVKDOOEHHVWDEOLVKHG
LVVXHGXQGHU256$WREHUHJLVWHUHG E\WKH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQ
RUKDYHWKHUHJLVWUDWLRQRIWKHYHKLFOHUHQHZHG in an amount based upon the costs of admin-
:KHQHYHUWKH(QYLURQPHQWDO4XDOLW\ LVWHULQJWKLVSURJUDP%HIRUHHVWDEOLVKLQJWKH
Commission designates boundaries under this fees, the commission shall determine the most
section within which vehicles are subject to the cost effective program consistent with Clean
UHTXLUHPHQWVRI256WKHFRPPLVVLRQ Air Act requirements for each area of the state
shall notify the Department of Transportation SXUVXDQWWR256$
and shall provide the Department of Transpor- (2) The department shall collect the fees
tation with information necessary to perform established pursuant to subsection (1)(b) of
the Department of Transportation’s duties this section at the time of the issuance of cer-
XQGHU256>)RUPHUO\@ 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-
$Q\SHUVRQOLFHQVHGWRLVVXHFHUWLÀFDWHVRI sury all moneys received as fees pursuant to
FRPSOLDQFHSXUVXDQWWR256$VKDOO subsections (1) and (2) of this section during
ÀOHZLWKWKH'HSDUWPHQWRI(QYLURQPHQWDO WKH SUHFHGLQJ FDOHQGDU PRQWK 7KH 6WDWH
Quality a surety bond or an irrevocable letter Treasurer shall credit such money to the
of credit issued by an insured institution, as 'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\0RWRU
GHÀQHGLQ2567KHERQGRUOHWWHURI Vehicle Pollution Account, which is hereby
credit shall be executed to the State of Oregon FUHDWHG7KHPRQH\VLQWKH'HSDUWPHQWRI
LQWKHVXPRI,WVKDOOEHDSSURYHGDVWR (QYLURQPHQWDO4XDOLW\0RWRU9HKLFOH3ROOX-
form by the Attorney General, and shall be con- tion Account are continuously appropriated to
GLWLRQHGWKDWLQVSHFWLRQVDQGFHUWLÀFDWLRQVZLOO the department to be used by the department
be made only by persons who meet the quali- solely or in conjunction with other state agen-
ÀFDWLRQVÀ[HGE\WKH(QYLURQPHQWDO4XDOLW\ FLHVDQGORFDOXQLWVRIJRYHUQPHQWIRU
Commission and will be made without fraud or (a) Any expenses incurred by the department
fraudulent representations and without violat- and, if approved by the Governor, any expenses
LQJDQ\RIWKHSURYLVLRQVRI256$WR incurred by the Department of Transportation
$ LQWKHFHUWLÀFDWLRQH[DPLQDWLRQLQVSHFWLRQRU
DQG licensing of persons, equipment, apparatus or
,QDGGLWLRQWRDQ\RWKHUUHPHG\WKDWD methods in accordance with the provisions of
person may have, if any person suffers any loss 256$DQG
or damage by reason of the fraud, fraudulent (b) Such other expenses as are necessary to
representations or violation of any of the provi- VWXG\WUDIÀFSDWWHUQVDQGWRLQVSHFWUHJXODWH
VLRQVRI256$WR$ and control the emission of pollutants from
DQGE\D PRWRUYHKLFOHVLQWKLVVWDWH
SHUVRQOLFHQVHGSXUVXDQWWR256$
the injured person has the right of action 7KH 'HSDUWPHQW RI (QYLURQPHQWDO
against the business employing such licensed Quality may enter into an agreement with
person and a right of action in the person’s own the Department of Transportation to collect
name against the surety upon the bond or the the licensing and renewal fees described in
OHWWHURIFUHGLWLVVXHU 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 VHFWLRQRIWKLVVHFWLRQ>)RUPHUO\
$RIDQ\SHUVRQZKRVHERQGLVFDQFHOHG FF@
by legal notice shall be canceled immediately
E\WKHGHSDUWPHQW,IWKHOLFHQVHLVQRWUHQHZHG 468A.405 Authority to limit motor
or is voluntarily or involuntarily canceled, the YHKLFOHRSHUDWLRQDQGWUDIÀFUXOHVThe
sureties of the bond or the letter of credit issu- (QYLURQPHQWDO 4XDOLW\ &RPPLVVLRQ DQG
ers shall be relieved from liability accruing regional air pollution control authorities
subsequent to such cancellation by the depart- RUJDQL]HGSXUVXDQWWR256
PHQW>)RUPHUO\F@ WRWRWR
WRDQG256FKDSWHUV
468A.400 Fees; collection; use. (1) The $DQG%E\UXOHPD\UHJXODWH
'HSDUWPHQWRI(QYLURQPHQWDO4XDOLW\VKDOO limit, control or prohibit motor vehicle oper-
D(VWDEOLVKDQGFROOHFWIHHVIRUDSSOLFDWLRQ DWLRQDQGWUDIÀFDVQHFHVVDU\IRUWKHFRQWURO
examination and licensing of persons, equip- of air pollution which presents an imminent
ment, apparatus or methods in accordance with and substantial endangerment to the health of
256$DQGZLWKLQWKHIROORZLQJOLPLWV SHUVRQV>)RUPHUO\DQGWKHQ@
$7KHIHHIRUOLFHQVLQJVKDOOQRWH[FHHG 468A.410 Administration and enforce-
(B) The fee for renewal of licenses shall not ment of rules adopted under ORS
H[FHHG 468A.405. Cities, counties, municipal cor-
porations and other agencies, including the
E(VWDEOLVKIHHVIRUWKHLVVXDQFHRIFHU- Department of State Police and the Depart-
WLÀFDWHVRIFRPSOLDQFH7KHGHSDUWPHQWPD\ ment of Transportation, shall cooperate with
classify motor vehicles and establish a dif- WKH(QYLURQPHQWDO4XDOLW\&RPPLVVLRQDQG
IHUHQWIHHIRUHDFKVXFKFODVV7KHIHHIRUWKH regional air pollution control authorities in the
administration and enforcement of the terms of or guardian of the minor and with such par-
DQ\UXOHDGRSWHGSXUVXDQWWR256$ 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([FHSWDVSURYLGHGLQSDUDJUDSKERI
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
>FE@ 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
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- 6WDWH)LUH0DUVKDO>FF
ing expense on the customer’s federal income @
tax return; or 480.349 Use of gasoline dispensing
(B) The fuel was purchased by a governmen- device by motorcycle operator. (1) As used
WDODJHQF\SURYLGLQJÀUHDPEXODQFHRUSROLFH LQWKLVVHFWLRQ´PRWRUF\FOHµKDVWKHPHDQLQJ
services; JLYHQWKDWWHUPLQ256
E3URYLGHDIHGHUDOHPSOR\HULGHQWLÀFDWLRQ 1RWZLWKVWDQGLQJ 256 DQG
number or equivalent documentation to indi-
cate participation in a business or employment (a) Upon the request of an operator of a
ZLWKDJRYHUQPHQWDJHQF\RUQRQSURÀWRUFKDU- motorcycle, the owner, operator or employee
itable organization; RIDÀOOLQJVWDWLRQVHUYLFHVWDWLRQJDUDJHRU
(c) Certify that the nonretail customer is RWKHUGLVSHQVDU\ZKHUH&ODVVÁDPPDEOH
employed by a business, government agency or liquids are dispensed at retail shall set the
QRQSURÀWRUFKDULWDEOHRUJDQL]DWLRQDQGWKDW fuel dispensing device and hand the discharge
the nonretail customer shall dispense Class QR]]OHWRWKHRSHUDWRURIWKHPRWRUF\FOH
ÁDPPDEOHOLTXLGVRQO\LQWRWKHIXHOWDQNRI (b) An operator of a motorcycle who is
a motor vehicle or other container owned or handed a discharge nozzle under paragraph
used by the business, government agency or DRIWKLVVXEVHFWLRQ
QRQSURÀWRUFKDULWDEOHRUJDQL]DWLRQ $0D\GLVSHQVH&ODVVÁDPPDEOHOLTXLGV
(d) Certify that the nonretail customer has LQWRWKHRSHUDWRU·VPRWRUF\FOH
VDWLVÀHGVDIHW\WUDLQLQJUHTXLUHPHQWVLQFRP- (B) Shall, after dispensing the liquids,
pliance with rules of the State Fire Marshal; return the discharge nozzle to the owner,
and RSHUDWRURUHPSOR\HH
(e) Require the nonretail customer to submit (3) The owner, operator or employee who is
DVZRUQVWDWHPHQWDVGHÀQHGLQ256 handed the discharge nozzle shall return the
that the information supplied in the agreement nozzle to the pump or take any other actions
LVWUXHDQGFRUUHFW>FF necessary to ensure safe completion of the fuel-
FFF LQJRSHUDWLRQ>F@
@
NoteZDVDGGHGWRDQGPDGHDSDUW
480.347 Use of gasoline dispensing RIWRE\OHJLVODWLYHDFWLRQEXW
device by emergency service volunteer; ZDVQRWDGGHGWRDQ\VPDOOHUVHULHVWKHUHLQ
conditions. 1RWZLWKVWDQGLQJ256 See Preface to Oregon Revised Statutes for
DQGGXULQJDQHPHUJHQF\DVGHÀQHG IXUWKHUH[SODQDWLRQ
LQ 256 WKH RZQHU RSHUDWRU RU
employee of a dispensing facility may permit /LTXHÀHG3HWUROHXP*DV
nonretail customers, other than the owner,
operator or employee, to use or manipulate at 480.410 Definition. As used in ORS
the dispensing facility a card activated or key WR´/3JDVµRU´OLTXHÀHG
DFWLYDWHGGHYLFHIRUGLVSHQVLQJ&ODVVÁDP- SHWUROHXPJDVµPHDQVDQ\OLTXLGFRPSRVHG
mable liquids into the fuel tank of a vehicle or predominantly of any of the following hydro-
RWKHUFRQWDLQHULI FDUERQVRUPL[WXUHVRIWKHVDPH3URSDQH
(1) The owner or operator holds a current propylene, butanes (normal butane or isobu-
nonretail facility license issued by the State WDQHDQGEXW\OHQHV>$PHQGHGE\F
)LUH0DUVKDOXQGHU256 F@
(2) The fuel is dispensed to an emergency 480.420 Liquefied petroleum gas
VHUYLFH DJHQF\ DV GHÀQHG LQ 256 rules and regulations; conformity with
or to an entity authorized by an emergency standards of National Fire Protection
service agency to provide services during an Association. (1) The State Fire Marshal
emergency; shall make, promulgate and enforce regula-
tions establishing minimum general standards
(3) The nonretail customer, other than the for the design, construction, location, instal-
RZQHURURSHUDWRUGLVSHQVLQJ&ODVVÁDP- lation and operation of equipment for storing,
PDEOHOLTXLGVLVDTXDOLÀHGHPHUJHQF\VHUYLFH handling, transporting by tank truck or tank
YROXQWHHUDVGHÀQHGLQ256RUDQ WUDLOHUDQGXWLOL]LQJOLTXHÀHGSHWUROHXPJDVHV
owner or employee of the entity authorized and specifying the degree of odorization of the
by the emergency service agency to provide gases, and shall establish standards and rules
for the issuance, suspension and revocation of (5) A person who holds a valid journeyman
OLFHQVHVDQGSHUPLWVSURYLGHGLQ256 SOXPEHUOLFHQVHXQGHU256RUZKRLV
WR in an approved journeyman plumber appren-
(2) The regulations required shall be such as WLFHVKLSHVWDEOLVKHGXQGHU256WR
are reasonably necessary for the protection of LVH[HPSWIURPWKHOLFHQVLQJUHTXLUH-
the health, welfare and safety of the public and ments of subsections (1) and (2) of this section,
of persons using or handling such materials, except that the apprentice or journeyman
and shall be in substantial conformity with the plumber may not install an LP gas tank or
generally accepted standards of safety relating make any connection to an LP gas tank unless
WRWKHVDPHPDWWHU5HJXODWLRQVLQVXEVWDQ- the apprentice or journeyman plumber is
tial conformity with the published standards OLFHQVHGDVUHTXLUHGXQGHUWKLVVHFWLRQ
of the National Fire Protection Association $SHUVRQZKRKROGVDOLFHQVHLVVXHGE\
SDPSKOHW1RDQGSDPSKOHW1RIRUWKH the Department of Consumer and Business
design, installation and construction of con- 6HUYLFHVXQGHU256RIDFODVVWKDW
tainers and equipment thereto pertaining, for authorizes the person to fabricate, install,
WKHVWRUDJHDQGKDQGOLQJRIOLTXHÀHGSHWUR- alter or repair pressure piping and to install
leum gases, including utility gas plants, as boilers and pressure vessels by attachment of
recommended by the National Fire Protection piping connector is exempt from the licensing
Association, and the published standards of the requirements of subsections (1) and (2) of this
National Fire Protection Association pamphlet section, except that the person may not install
1RIRUOLTXHÀHGSHWUROHXPJDVSLSLQJDQG an LP gas tank or make any connection to an
appliance installations in buildings, shall be LP gas tank unless the person is licensed as
deemed to be in substantial conformity with UHTXLUHGXQGHUWKLVVHFWLRQ
the generally accepted standards of safety (7) Subsections (1) to (4) of this section do
UHODWLQJWRWKHVDPHVXEMHFWPDWWHU>$PHQGHG not apply to LP gas installations in a man-
E\FFF ufactured dwelling or recreational vehicle
F@ performed during the construction of the
/LTXHÀHGSHWUROHXPJDVFRQ- manufactured dwelling or recreational vehi-
tainers; certain uses prohibited. No person cle, or the alteration or repair of an LP gas
other than the owner of the container or recep- installation in a manufactured dwelling or
tacle and those authorized by the owner so to recreational vehicle made pursuant to the
GRVKDOOVHOOÀOOUHÀOOGHOLYHURUSHUPLWWR PDQXIDFWXUHU·VZDUUDQW\>F
be delivered or used in any manner any lique- FFF
ÀHGSHWUROHXPJDVFRQWDLQHURUUHFHSWDFOHIRU FFF@
DQ\JDVRUFRPSRXQGRUIRUDQ\RWKHUSXUSRVH
>$PHQGHGE\F@ Penalties
480.432 Licenses required; exceptions. 480.990 Penalties. (1) Violation of any pro-
(1) A person may not engage in or work at the YLVLRQRI256WRLVD&ODVV%
business of installing, extending, altering or YLRODWLRQ
repairing any LP gas appliance or piping, vent
RUÁXHFRQQHFWLRQSHUWDLQLQJWRRULQFRQQHF- (2) Violation of any provision of ORS
tion with LP gas installations within the state, RU LV D &ODVV &
either as employer or individual, unless the PLVGHPHDQRU
person has received an LP gas installation 9LRODWLRQRI256LVD&ODVV$
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, 9LRODWLRQRIDQ\SURYLVLRQRI256
repair service, connection or disconnection of WRLVD&ODVV%PLVGHPHDQRU9LROD-
any LP gas appliance that is subject to inspec- tions thereof may be prosecuted in state or
WLRQXQGHU256WRXQOHVVWKH municipal courts when violations occur within
SHUVRQKDVUHFHLYHGDQ/3JDVÀWWHUOLFHQVH WKHPXQLFLSDOLW\VHUYHGWKHUHE\-XVWLFHFRXUWV
from the State Fire Marshal in accordance shall have concurrent jurisdiction with circuit
ZLWK256WR courts in all proceedings arising within ORS
WR
(3) A person may not operate any LP gas
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 DGRSWHGXQGHU256LVD&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 6XEMHFWWR256YLRODWLRQRIDQ\
to have an LP gas installation license, unless SURYLVLRQRI256WRRUDQ\
the person is an employee of an employer who rule promulgated pursuant thereto, is a Class
has an LP gas installation license as provided $PLVGHPHDQRU:KHQHYHUWKH%RDUGRI%RLOHU
E\WKLVVHFWLRQ Rules has reason to believe that any person is
liable to punishment under this subsection, it for the living quarters portion of the motor
may certify the facts to the Attorney General, KRPHLQFOXGLQJEXWQRWOLPLWHGWRWKHÁRRULQJ
who may cause an appropriate proceeding to SOXPELQJÀ[WXUHVDSSOLDQFHVZDWHUKHDWHU
EHEURXJKW>6XEVHFWLRQRI5HSODFH- fabrics, door and furniture hardware, lighting
PHQW3DUWHQDFWHGDVFVXEVHFWLRQ À[WXUHVJHQHUDWRUVURRIKHDWLQJDQGDLUFRQGL-
HQDFWHGDVFVXEVHFWLRQ tioning units, cabinets, countertops, furniture
HQDFWHG DV F F DQGDXGLRYLVXDOHTXLSPHQW
VXEVHFWLRQHQDFWHGDVFVXE- ´0RWRUYHKLFOHµPHDQVDSDVVHQJHUPRWRU
VHFWLRQHQDFWHGDVF YHKLFOHDVGHÀQHGLQ256WKDWLVSXU-
FFF chased in this state or is purchased outside this
FF@BBBBBBBBBBBBBBB VWDWHEXWUHJLVWHUHGLQWKLVVWDWH>)RUPHUO\
F@
646A.402 Availability of remedy. The
Chapter 646A UHPHG\XQGHUWKHSURYLVLRQVRI256$
WR$LVDYDLODEOHWRDFRQVXPHULI
ENFORECEMENT OF (1) A new motor vehicle does not conform to
EXPRESS WARRANTIES ON applicable manufacturer’s express warranties;
NEW MOTOR VEHICLES (2) The consumer reports each nonconfor-
$'HÀQLWLRQVIRU256$ mity to the manufacturer, the manufacturer’s
to 646A.418. $VXVHGLQ256$WR agent or the manufacturer’s authorized dealer,
$ for the purpose of repair or correction, during
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 this subsection includes, but is not limited
or factory or dealer installed options; and to, a request by the consumer for an infor-
(f) The cost of an aftermarket item pur- mal dispute settlement procedure under ORS
chased within 20 days after delivery of the $>)RUPHUO\F@
PRWRUYHKLFOH 646A.404 Consumer’s remedies; manu-
´&RQVXPHUµPHDQV IDFWXUHU·VDIÀUPDWLYHGHIHQVHV,IWKH
manufacturer or agents or authorized dealers
(a) The purchaser or lessee, other than for of the manufacturer are unable to conform the
purposes of resale, of a new motor vehicle nor- motor vehicle to an applicable manufacturer’s
mally used for personal, family or household express warranty by repairing or correcting a
purposes; defect or condition that substantially impairs
(b) Any person to whom a new motor vehicle the use, market value or safety of the motor
used for personal, family or household pur- vehicle to the consumer after a reasonable
poses is transferred for the same purposes QXPEHURIDWWHPSWVWKHPDQXIDFWXUHUVKDOO
during the duration of an express warranty (a) Replace the motor vehicle with a new
applicable to such motor vehicle; and motor vehicle; or
(c) Any other person entitled by the terms (b) Accept return of the vehicle from the
of such warranty to enforce the obligations of consumer and refund to the consumer the
WKHZDUUDQW\ full purchase or lease price and collateral
D´0RWRUKRPHµPHDQVDPRWRUYHKLFOH charges paid, less a reasonable allowance
that is a new or demonstrator vehicular unit IRUWKHFRQVXPHU·VXVHRIWKHPRWRUYHKLFOH
built on, or permanently attached to, a self-pro- ,QOLHXRIUHIXQGLQJDVSDUWRIWKHFROODWHUDO
pelled motor vehicle chassis, chassis cab or van charges paid, the cost of an aftermarket item
that becomes an integral part of the completed purchased within 20 days after delivery of the
vehicle, and that is designed to provide tempo- motor vehicle, the manufacturer may remove
rary living quarters for recreational, camping the aftermarket item from the motor vehicle,
RUWUDYHOXVH if the aftermarket item can be removed from
the motor vehicle without damage, and return
E´0RWRUKRPHµGRHVQRWLQFOXGHDWUDLOHU WKHDIWHUPDUNHWLWHPWRWKHFRQVXPHU
camper, van or vehicle manufactured by an
entity that primarily manufactures motor (2) Refunds must be made to the consumer
YHKLFOHVRWKHUWKDQPRWRUKRPHVDVGHÀQHG and lienholder, if any, as the interests of the
LQWKLVVXEVHFWLRQ 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
(A) For a motor vehicle that is not a motor- (a) Provide the buyer, lessee or transferee
cycle or a motor home, an amount of money ZLWKDQRWLFHWKDWVWDWHV
equivalent to the motor vehicle mileage as ___________________________________
described in paragraph (b) of this subsection,
multiplied by the combined amount of the cash This vehicle was repurchased by its manufac-
price or lease price of the motor vehicle and the turer in accordance with Oregon’s consumer
amount of any collateral charges paid by the ZDUUDQW\ODZEHFDXVHRIDGHIHFWLQWKHYHKLFOH
FRQVXPHUDQGGLYLGHGE\ The title to this vehicle has been permanently
inscribed with the notation “Lemon Law
(B) For a motorcycle, an amount of money %X\EDFNµ
equivalent to the motor vehicle mileage as
described in paragraph (b) of this subsection, ___________________________________
multiplied by the combined amount of the cash (b) Obtain the signature of the buyer, lessee
price or lease price of the motorcycle and the or transferee on the notice in a space provided
amount of any collateral charges paid by the for that purpose under a statement in which
FRQVXPHUDQGGLYLGHGE\ the buyer, lessee or transferee acknowledges
(C) For a motor home, an amount of money UHFHLYLQJDQGXQGHUVWDQGLQJWKHQRWLFH
equivalent to the motor vehicle mileage as (3) Failure to comply with the require-
described in paragraph (b) of this subsection, ments of subsection (1) or (2) of this section
multiplied by the combined amount of the cash LVDQXQODZIXOSUDFWLFHXQGHU256
price or lease price of the motor home and the and a person that fails to comply with the
amount of any collateral charges paid by the requirements is subject to the causes of action
FRQVXPHUDQGGLYLGHGE\ DQGUHPHGLHVSURYLGHGLQ256DQG
(b) The motor vehicle mileage for the pur-
poses of the calculation described in paragraph (4) The Director of Transportation may
(a) of this subsection is the motor vehicle’s adopt rules to prescribe the form and content
mileage at the time the manufacturer takes of the notice required under this section and
an action described in subsection (1) of this to require the disclosure of other information
section, less 10 miles for mileage that the motor the director deems necessary to inform a buyer,
vehicle traveled during any period in which lessee or transferee of the condition of a motor
the consumer did not have use of the motor vehicle that is subject to the provisions of this
vehicle because the manufacturer or an agent section or information that is otherwise mate-
or authorized dealer of the manufacturer was rial to a sale, lease or transfer of the motor
UHSDLULQJWKHPRWRUYHKLFOH YHKLFOH>F@
,WLVDQDIÀUPDWLYHGHIHQVHWRDFODLP 646A.406 Presumption of reasonable
XQGHU256$WR$WKDW attempt to conform; extension of time
(a) An alleged nonconformity does not sub- for repairs; notice to manufacturer. (1)
stantially impair such use, market value or ,WLVSUHVXPHGWKDWDUHDVRQDEOHQXPEHURI
safety; or attempts have been undertaken to conform a
motor vehicle to the applicable manufactur-
(b) A nonconformity is the result of abuse, er’s express warranties if, during the two-year
QHJOHFWRUXQDXWKRUL]HGPRGLÀFDWLRQVRUDOWHU- period following the date of original delivery
DWLRQVRIWKHPRWRUYHKLFOH>)RUPHUO\ of the motor vehicle to a consumer or during
F@ the period ending on the date on which the
646A.405 Manufacturer action under mileage on the motor vehicle reaches 24,000
ORS 646A.404; request to Department of PLOHVZKLFKHYHUSHULRGHQGVÀUVW
Transportation; notice to buyer; unlaw- (a) The manufacturer or an agent or autho-
ful practice; rules. (1) A manufacturer that rized dealer of the manufacturer has subjected
takes an action with respect to a motor vehicle the nonconformity to repair or correction three
XQGHU256$DRUEVKDOOUHTXHVW 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 reason of repair or correction for a cumulative
motor vehicle and in the department’s records WRWDORIRUPRUHFDOHQGDUGD\VRURUPRUH
concerning the motor vehicle the notation calendar days if the vehicle is a motor home;
´/HPRQ/DZ%X\EDFNµ or
(2) A person that acquires a motor vehicle (c) The manufacturer or an agent or autho-
in order to sell, lease or otherwise transfer the rized dealer of the manufacturer has subjected
motor vehicle and that knows or should have a nonconformity that is likely to cause death
known that the manufacturer took an action or serious bodily injury to repair or correction
with respect to the motor vehicle under ORS DWOHDVWRQHWLPHDQGKDVPDGHDÀQDODWWHPSW
$DRUERUWKDWWKHFHUWLÀFDWH to repair or correct the nonconformity, but the
of title for the motor vehicle is inscribed with QRQFRQIRUPLW\FRQWLQXHVWRH[LVW
WKHQRWDWLRQVSHFLÀHGLQVXEVHFWLRQRIWKLV (2) A repair or correction for purposes of
section, before selling, leasing or otherwise subsection (1) of this section includes a repair
WUDQVIHUULQJWKHPRWRUYHKLFOHVKDOO
that must take place after the expiration of the or solely for the purposes of harassment, the
HDUOLHURIHLWKHUSHULRG court may award a prevailing manufacturer
(3) The period ending on the date on which UHDVRQDEOHDWWRUQH\IHHV
the mileage on the motor vehicle reaches (3) The court may award reasonable attorney
24,000 miles, the two-year period and the fees, fees for expert witnesses and costs to the
30-day period shall be extended by any period prevailing party in an appeal or action under
of time during which repair services are not 256$WR$WKDWLQYROYHVD
available to the consumer because of a war, PRWRUKRPH>)RUPHUO\F
LQYDVLRQVWULNHÀUHÁRRGRURWKHUQDWXUDO @
GLVDVWHU 646A.414 Limitations on actions
(4) The presumption described in subsec- against dealers. ([FHSWDVSURYLGHGLQ
tion (1) of this section does not apply against 256$QRWKLQJLQ256$WR
a manufacturer unless the manufacturer has $FUHDWHVDFDXVHRIDFWLRQE\DFRQ-
UHFHLYHGSULRUGLUHFWZULWWHQQRWLÀFDWLRQIURP VXPHUDJDLQVWDYHKLFOHGHDOHU
or on behalf of the consumer and has had an (2) A manufacturer may not join a dealer
RSSRUWXQLW\WRFXUHWKHGHIHFWDOOHJHG>)RU- as a party in a proceeding brought under
PHUO\F@ 256 $ WR $ QRU PD\ WKH
646A.408 Use of informal dispute settle- manufacturer try to collect from a dealer dam-
ment procedure as condition for remedy; ages assessed against the manufacturer in a
binding effect on manufacturer. ,IDPDQ- SURFHHGLQJEURXJKWXQGHU256$WR
ufacturer, for the purpose of settling disputes $>)RUPHUO\F@
WKDWDULVHXQGHU256$WR$ 646A.416 Limitation on commencement
establishes or participates in an informal dis- of action. An action brought under ORS
pute settlement procedure that substantially $WR$PXVWEHFRPPHQFHG
FRPSOLHVZLWKWKHSURYLVLRQVRI&)5SDUW within one year after whichever of the follow-
703, as in effect on June 23, 2009, and causes LQJSHULRGVHQGVHDUOLHU
DFRQVXPHUWREHQRWLÀHGRIWKHSURFHGXUH
256$GRHVQRWDSSO\WRDFRQVXPHU (1) The period ending on the date on which
ZKRKDVQRWÀUVWUHVRUWHGWRWKHSURFHGXUH$ the mileage on the motor vehicle reaches
decision resulting from arbitration pursuant 24,000 miles;
to the informal dispute settlement procedure (2) The two-year period following the date
is binding on the manufacturer but is not bind- of the original delivery of the motor vehicle to
LQJRQWKHFRQVXPHU>)RUPHUO\ the consumer; or
F@
(3) The period that ends after an extension
646A.410 Informal dispute settlement RIWLPHSURYLGHGXQGHU256$>)RU-
procedure; recordkeeping; review by PHUO\F@
Department of Justice. A manufacturer
which has established or participates in an 646A.418 Remedies supplementary to
informal dispute settlement procedure shall existing statutory or common law reme-
keep records of all cases submitted to the pro- dies; election of remedies. Nothing in ORS
FHGXUHXQGHU256$DQGVKDOOPDNH $WR$LVLQWHQGHGLQDQ\ZD\
the records available to the Department of to limit the rights or remedies that are other-
-XVWLFHLIWKHGHSDUWPHQWUHTXHVWVWKHP7KH wise available to a consumer under any other
department may review all case records kept ODZ+RZHYHULIWKHFRQVXPHUHOHFWVWRSXUVXH
under this section to determine whether or not any other remedy in state or federal court,
the arbitrators are complying with the provi- WKHUHPHG\DYDLODEOHXQGHU256$WR
VLRQVRI256$WR$LQUHDFKLQJ $VKDOOQRWEHDYDLODEOHLQVRIDUDVLW
WKHLUGHFLVLRQV>)RUPHUO\@ would result in recovery in excess of the recov-
HU\DXWKRUL]HGE\256$ZLWKRXWSURRI
646A.412 Action in court; damages if of fault resulting in damages in excess of such
manufacturer does not act in good faith; UHFRYHU\>)RUPHUO\@
attorney fees; expert witness fees; costs.
,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\
([FHSWDVSURYLGHGLQVXEVHFWLRQRI insurer that issues motor vehicle insurance
this section, the court may award reasonable WKDWLVGHVLJQHGWRPHHWHLWKHUWKHÀQDQFLDO
attorney fees, fees for expert witnesses and or future responsibility requirements of ORS
costs to a consumer who prevails in an appeal FKDSWHUVKDOOLVVXHZLWKWKHSROLF\SURRI
RUDFWLRQXQGHU256$WR$,I of insurance that shows the effective date and
DFRXUWÀQGVWKDWDFRQVXPHUEURXJKWDQDFWLRQ WKHH[SLUDWLRQGDWHRIWKHLQVXUDQFH
XQGHU256$WR$LQEDGIDLWK
(2) An insurer may provide proof of insur- the named insured, without regard to whether
ance under this section by issuing a card or, if the named insured is charged for the use of the
WKHLQVXUHGDJUHHVWKURXJKHOHFWURQLFPHDQV PRWRUYHKLFOHLI
(3) Nothing in this section requires an (a) The motor vehicle is provided to the
insurer to provide proof of insurance at any named insured by a person engaged in the
time other than when the policy is issued or business of repairing or servicing motor vehi-
UHQHZHG>FF@ cles; and
Note ZDV HQDFWHG LQWR ODZ E\ (b) The motor vehicle is provided to the
the Legislative Assembly but was not added named insured as a temporary replacement
to or made a part of ORS chapter 742 or any vehicle while the named insured’s vehicle is
VHULHVWKHUHLQE\OHJLVODWLYHDFWLRQ6HH3UHI- 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 VXEVHFWLRQRIWKLVVHFWLRQ:KHQDQLQVXUHU
insurer issuing motor vehicle liability insur- excludes a person as provided by this subsec-
ance policies in this state may not assign an tion, the insurer shall obtain a statement or
insured or applicant for insurance to a higher indorsement, signed by each of the named
risk category than the person would otherwise insureds, that the policy will not provide any
EHDVVLJQHGWRVROHO\EHFDXVHWKHSHUVRQKDV coverage required by subsection (2)(a) of this
section when the motor vehicle is driven by
(1) Let a prior motor vehicle liability policy DQ\QDPHGH[FOXGHGSHUVRQ
lapse, unless the person was in violation of
256DWDQ\WLPHDIWHUWKHSULRUSROLF\ (7) A person may be excluded from coverage
lapsed; or under a motor vehicle liability insurance policy
DVSURYLGHGLQVXEVHFWLRQRIWKLVVHFWLRQ
(2) Had driving privileges suspended pursu-
DQWWR256RULIWKHVXVSHQVLRQ (a) Because of the driving record of the
LVEDVHGRQDQRQGULYLQJRIIHQVH>F SHUVRQ7KH'LUHFWRURIWKH'HSDUWPHQWRI
FF@ Consumer and Business Services by rule may
establish restrictions on the use of the driving
742.450 Contents of motor vehicle lia- record in addition to other restrictions estab-
bility policy; permitted exclusions. (1) OLVKHGE\ODZ
(YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFHSROLF\
issued for delivery in this state shall state the (b) Because of any reason or set of criteria
name and address of the named insured, the 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 FF@
D7KHFRYHUDJHGHVFULEHGLQ256 742.454 Liabilities that need not be
DQGRU covered. The motor vehicle liability insur-
DQFHSROLF\UHTXLUHGE\256
E7KHFRYHUDJHGHVFULEHGLQ256 RUQHHGQRWLQVXUH
(3) The agreement or indorsement required any liability under any workers’ compensa-
by subsection (2) of this section shall also state tion law; nor any liability on account of bodily
that the insurance provided is subject to all the injury to or death of an employee of the insured
provisions of the Oregon Vehicle Code relat- while engaged in the employment, other than
LQJWRÀQDQFLDOUHVSRQVLELOLW\UHTXLUHPHQWV domestic, of the insured, or while engaged in
DVGHÀQHGLQ256RUIXWXUHUHVSRQ- the operation, maintenance or repair of a vehi-
VLELOLW\ÀOLQJVDVGHÀQHGLQ256DV cle; nor any liability for damage to property
DSSURSULDWH owned by, rented to, in charge of, or trans-
SRUWHGE\WKHLQVXUHG>)RUPHUO\DQG
(YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFH WKHQ@
policy issued for delivery in this state shall
provide liability coverage to at least the limits 742.456 W hen insurer’s liability
VSHFLÀHGLQ256 accrues; nonforfeiture provisions. The
liability of an insurer with respect to the motor
(YHU\PRWRUYHKLFOHOLDELOLW\LQVXUDQFH vehicle liability insurance policy required by
policy issued for delivery in this state shall 256RUVKDOOEHFRPH
provide liability coverage, up to the limits of absolute whenever injury or damage covered
coverage under the policy for a vehicle owned E\WKHSROLF\RFFXUV7KHSROLF\PD\QRWEH
by the named insured, for the operation by the canceled or annulled as to such liability by
named insured of a motor vehicle provided to
any agreement between the insurer and the the insurer and insured under a motor vehi-
insured after the occurrence of the injury or cle liability policy concerning coverage for
GDPDJH1RVWDWHPHQWPDGHE\WKHLQVXUHG physical damage, if the policy contains a pro-
or on behalf of the insured and in violation of vision authorizing the insured to obtain an
WKHSROLF\VKDOOGHIHDWRUYRLGWKHSROLF\7KLV independent appraisal by a competent and
section does not apply to motor vehicle liability disinterested person of the physical damage,
insurance policies other than those required WKDWSURYLVLRQVKDOODSSO\$QLQGHSHQGHQW
LQFRQQHFWLRQZLWK256RU appraisal conducted under this section shall
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liability policies. (YHU\PRWRUYHKLFOHOLD- RUDSHUVRQZKRKDVEHHQLVVXHGDYHKL-
bility insurance policy shall be subject to the FOHDSSUDLVHUFHUWLÀFDWHRUOLFHQVHE\DQRWKHU
following provisions, which need not be con- VWDWHRUJRYHUQPHQWERG\
WDLQHGWKHUHLQ (2) When a motor vehicle liability policy
(1) The policy, the written application there- contains a provision for resolving a dispute
for, if any, and any rider or indorsement that through appraisal of a motor vehicle insured
GRHVQRWFRQÁLFWZLWKWKHODZVUHODWLQJWRPRWRU under the policy, the insurer shall reimburse
vehicle liability insurance policies shall consti- the insured for the reasonable appraisal costs
WXWHWKHHQWLUHFRQWUDFWEHWZHHQWKHSDUWLHV LIWKHÀQDODSSUDLVDOGHFLVLRQXQGHUWKHSROLF\
provision is greater than the amount of the
(2) The satisfaction by the insured of a insurer’s last offer prior to the incurrence of
judgment for injury or damage shall not be a WKHDSSUDLVDOFRVWV
condition precedent to the right or duty of the
insurer to make payment on account of such ,IDPRWRUYHKLFOHOLDELOLW\SROLF\GRHVQRW
LQMXU\RUGDPDJH contain a provision described in subsection (1)
of this section, then notwithstanding any other
(3) Any binder issued pending the issuance provision of the policy, any resolution of the
of a motor vehicle liability insurance policy dispute shall be subject to rules adopted by the
VKDOOEHGHHPHGWRIXOÀOOWKHUHTXLUHPHQWV Director of the Department of Consumer and
IRUVXFKDSROLF\>)RUPHUO\DQGWKHQ %XVLQHVV6HUYLFHV>)RUPHUO\
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742.460 Insurer’s right to provide for 742.468 Certain policies not considered
reimbursement and proration. Any motor motor vehicle liability policies. For pur-
vehicle liability insurance policy may provide poses of statutes mandating kinds or amounts
that the insured shall reimburse the insurer of coverage that motor vehicle liability policies
for any payment the insurer would not have must contain, the following shall not be con-
been obligated to make under the terms of VLGHUHGPRWRUYHKLFOHOLDELOLW\SROLFLHV
the policy except for the provisions of ORS
WR DQG &RPSUHKHQVLYHJHQHUDOOLDELOLW\SROLFLHV
and it may further provide for the prorating ([FHVVOLDELOLW\SROLFLHV
of the insurance thereunder with other valid 8PEUHOODOLDELOLW\SROLFLHV>F
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742.462 Insurer’s right to settle claims. Motorcycle Discount
The insurer shall have the right to settle any
claim covered by the policy, and if such settle- 742.480 Appropriate premium charge
ment is made in good faith, the amount thereof reduction for certain motorcycle insur-
shall be deductible from the limits of liability ance policies. (1) A rate, rating plan or rating
VSHFLÀHGLQUHVSHFWWRDPRWRUYHKLFOHOLDELOLW\ V\VWHPÀOHGZLWKWKH'LUHFWRURIWKH'HSDUW-
LQVXUDQFHSROLF\>)RUPHUO\DQGWKHQ ment of Consumer and Business Services for
@ a motor vehicle insurance policy offering lia-
bility, personal injury protection or collision
742.464 Excess coverage permitted; coverage shall provide an appropriate reduc-
combining policies to meet requirements. WLRQLQSUHPLXPFKDUJHVIRUVXFKFRYHUDJHLI
Any policy which grants the coverage required
for a motor vehicle liability insurance policy (a) The principal operator of a covered
XQGHU 256 DQG motorcycle has successfully completed a motor-
may also grant any lawful coverage in excess cycle rider education course established under
of or in addition to the required coverage, and 2567KHFRXUVHPXVWEHFRPSOHWHGQR
such excess or additional coverage shall not more than three years prior to the beginning
EHVXEMHFWWRWKHSURYLVLRQVRI256 of the policy period for which the discounted
DQGWR:LWKUHVSHFW 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
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LVVXEMHFWWRWKHUHTXLUHPHQWVRIWKRVHVHFWLRQV ,IWKHSHUVRQTXDOLI\LQJIRUDSUHPLXP
>)RUPHUO\DQGWKHQ@ reduction under subsection (1) of this section
is the principal operator of two or more motor-
742.466 Disputes over coverage for cycles, the premium discount applies to only
physical damage; independent appraisal; RQHPRWRUF\FOH1RPRUHWKDQRQHSUHPLXP
rules. ,QWKHHYHQWRIDGLVSXWHEHWZHHQ GLVFRXQWPD\EHDSSOLHGWRRQHPRWRUF\FOH
,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\ PLXPUHGXFWLRQUHTXLUHGE\256
legislative action but were not added to ORS shall be effective for an insured for a three-
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI- year period after successful completion of the
ace to Oregon Revised Statutes for further approved course if the person is less than 70
H[SODQDWLRQ years of age at the time of taking the course or
742.483 Effective period for premium for a two-year period after successful comple-
reduction. ([FHSWDVRWKHUZLVHSURYLGHGLQ tion of an approved course if the person is 70
this section, the premium reduction required years of age or more at the time of taking the
XQGHU256VKDOOEHHIIHFWLYHIRUDQ FRXUVH$QLQVXUHUPD\UHTXLUHDVDFRQGLWLRQ
insured for a three-year period after successful RIPDLQWDLQLQJWKHGLVFRXQWWKDWWKHLQVXUHG
FRPSOHWLRQRIWKHDSSURYHGFRXUVH>F (1) Not be involved in an accident for which
@ the insured is at fault; and
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cation course. An organization offering a &HUWLÀFDWLRQRIFRPSOHWLRQRI
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XQGHU256VKDOOLVVXHDFHUWLÀFDWHWR vehicle accident prevention course approved by
each person who successfully completes the the Department of Transportation shall issue
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cate to an insurer to qualify for the premium FRPSOHWHVWKHFRXUVH7KHSHUVRQVKDOOSUHV-
UHGXFWLRQUHTXLUHGXQGHU256> HQWWKHFHUWLÀFDWHWRDQLQVXUHUWRTXDOLI\IRU
F@ the premium discount required under ORS
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the Department of Consumer and Business
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offering liability, personal injury protection
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(b) The principal operator of the covered WHUPLQ256
vehicle has successfully completed, within the D´0RWRUYHKLFOHµPHDQVHYHU\VHOISUR-
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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
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prior to the beginning of the policy period for WKDWKDYHDUHJLVWUDWLRQZHLJKWDVGHÀQHGLQ
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reduction under subsection (1) of this section is legal representative of the insured is legally
the principal operator of two or more vehicles,
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causes bodily injury to an insured arising out (A) A vehicle with respect to the ownership,
of a motor vehicle accident that is caused by a maintenance or use of which there is no col-
vehicle that has no physical contact with the lectible motor vehicle bodily injury liability
insured or the vehicle the insured is occupying insurance, in at least the amounts or limits
DWWKHWLPHRIWKHDFFLGHQWSURYLGHG prescribed for bodily injury or death under
(A) The identity of either the operator or 256DSSOLFDEOHDWWKHWLPHRIWKHDFFL-
the owner of the phantom vehicle cannot be dent with respect to any person or organization
ascertained; legally responsible for the use of the vehicle,
or with respect to which there is collectible
(B) The facts of the accident can be corrob- bodily injury liability insurance applicable
orated by competent evidence other than the at the time of the accident but the insurance
testimony of the insured or any person having company writing the insurance denies coverage
an uninsured motorist claim resulting from or the company writing the insurance becomes
the accident; and voluntarily or involuntarily declared bankrupt
(C) The insured or someone on behalf of or for which a receiver is appointed or becomes
the insured reported the accident within 72 LQVROYHQW,WVKDOOEHDGLVSXWDEOHSUHVXPS-
KRXUVWRDSROLFHSHDFHRUMXGLFLDORIÀFHUWR tion that a vehicle is uninsured in the event
the Department of Transportation or to the the insured and the insurer, after reasonable
equivalent department in the state where the efforts, fail to discover within 90 days from the
DFFLGHQWRFFXUUHGDQGÀOHGZLWKWKHLQVXUHU date of the accident, the existence of a valid
within 30 days thereafter a statement under and collectible motor vehicle bodily injury lia-
oath that the insured or the legal represen- bility insurance applicable at the time of the
tative of the insured has a cause or causes of DFFLGHQW
action arising out of the accident for damages %$KLWDQGUXQYHKLFOH
against a person or persons whose identities
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a territory or possession of the United States DVHOILQVXUHU
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that causes bodily injury to the insured arising (ii) That provides recovery to an insured in
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(A) The vehicle is operated without the con- insured or the heirs or legal representative
sent of the insured; of the insured is legally entitled to recover
(B) The operator of the vehicle does not have as damages for bodily injury or death that
collectible motor vehicle bodily injury liability is caused by accident and that arises out of
insurance; owning, maintaining or using an uninsured
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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 %([FHSWDVSURYLGHGLQSDUDJUDSKN(
(D) The insured or someone on behalf of the of this subsection, a vehicle that is owned or
insured cooperates with the appropriate law operated by a self-insurer within the meaning
enforcement agency in the prosecution of the RIDQ\PRWRUYHKLFOHÀQDQFLDOUHVSRQVLELOLW\
WKHIWRIWKHYHKLFOH law, motor carrier law or any similar law;
(j) “Sums that the insured or the heirs or (C) A vehicle that is owned by the United
legal representative of the insured is legally States of America, Canada, a state, a politi-
HQWLWOHGWRUHFRYHUDVGDPDJHVµPHDQVWKH cal subdivision of any such government or an
DPRXQWRIGDPDJHVWKDW agency of any such government;
(A) A claimant could have recovered in a (D) A land motor vehicle or trailer, if oper-
civil action from the owner or operator at the ated on rails or crawler-treads or while located
time of the injury after determination of fault for use as a residence or premises and not as a
or comparative fault and resolution of any vehicle;
applicable defenses;
( $ IDUPW\SH WUDFWRU RU HTXLSPHQW subsection, the insured protects the insurer’s
designed for use principally off public roads, right of subrogation to the claim against the
except while actually upon public roads; or WRUWIHDVRU
(F) A vehicle owned by or furnished for the (e) When seeking consent under paragraph
regular or frequent use of the insured or any (a) or (d) of this subsection, the insured shall
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by which any person or property is or may be FRQVHQWWRWKHSURSRVHGRIIHURIVHWWOHPHQW7KH
transported or drawn upon a public highway, insured shall provide promptly to the insurer
but does not include devices moved by human any information that is reasonably requested
power or used exclusively upon stationary rails by the insurer and that is within the custody
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presumed to be given if the insurer does not
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the policy, during the policy period and within is no more than 30 days from the insurer’s
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injury of an insured with respect to which or other person making claim shall give to
the insured or the legal representative of the the insurer written proof of claim, under oath
insured shall, without the written consent if required, including full particulars of the
of the insurer, make any settlement with or nature and extent of the injuries, treatment
prosecute to judgment any action against any and other details entering into the determi-
person or organization who may be legally QDWLRQRIWKHDPRXQWSD\DEOHKHUHXQGHU7KH
OLDEOHWKHUHIRU insured and every other person making claim
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injury to an insured while occupying a vehicle, oath by any person named by the insurer and
other than an insured vehicle, owned by, or subscribe the same, as often as may reason-
furnished for the regular use of, the named DEO\EHUHTXLUHG3URRIRIFODLPVKDOOEHPDGH
insured or any relative resident in the same upon forms furnished by the insurer unless
household, or through being struck by the the insurer fails to furnish the forms within
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(c) This coverage does not apply so as to (b) Upon reasonable request of and at the
LQXUHGLUHFWO\RULQGLUHFWO\WRWKHEHQHÀWRI expense of the insurer, the injured person shall
any workers’ compensation carrier, any person submit to physical examinations by physicians,
or organization qualifying as a self-insurer physician assistants or nurse practitioners
under any workers’ compensation or disability selected by the insurer and shall, upon each
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loss hereunder, the insured or the legal rep-
(A) The limits of liability under any bodily resentative of the insured institutes any legal
injury liability insurance applicable at the time action for bodily injury against any person or
of the accident regarding the injured person organization legally responsible for the use of
have been exhausted by payment of judgments a vehicle involved in the accident, a copy of
or settlements to the injured person or other the summons and complaint or other process
injured persons; served in connection with the legal action shall
(B) The described limits have been offered be forwarded immediately to the insurer by
in settlement, the insurer has refused consent the insured or the legal representative of the
under paragraph (a) of this subsection and the LQVXUHG
insured protects the insurer’s right of subro- (7)(a) The limit of liability stated in the
gation to the claim against the tortfeasor; GHFODUDWLRQVDVDSSOLFDEOHWR´HDFKSHUVRQµLV
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for the unrealized portion of the described ages because of bodily injury sustained by one
liability limits as if the full limits had been person as the result of any one accident and,
received if less than the described limits have subject to the above provision respecting each
been offered in settlement, and the insurer has person, the limit of liability stated in the dec-
consented under paragraph (a) of this subsec- ODUDWLRQVDVDSSOLFDEOHWR´HDFKDFFLGHQWµLV
tion; or the total limit of the company’s liability for all
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for the unrealized portion of the described DFFLGHQW
liability limits as if the full limits had been
received if less than the described limits have (b) Any amount payable under the terms
been offered in settlement and, if the insurer of this coverage because of bodily injury sus-
has refused consent under paragraph (a) of this tained in an accident by a person who is an
insured under this coverage shall be reduced
(A) An insured vehicle; action arising out of such accident for damages
(B) A vehicle which is owned or operated by against a person or persons whose identity is
a self-insurer within the meaning of any motor unascertainable, and setting forth the facts in
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ated on rails or crawler-treads or while located
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vehicle; damage to vehicle caused by uninsured
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designed for use principally off public roads, passenger motor vehicles or on self-propelled
except while actually upon public roads; or mobile homes for delivery in this state shall
(F) A vehicle owned by or furnished for the have for sale coverage for property damage to a
regular or frequent use of the insured or any 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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within 30 days thereafter a statement under (b) Does not include coverage for loss of use
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the legal representative of the insured makes
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insured, although there is no physical contact service to determine whether the provision or
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phantom vehicle; system of health care delivery that attempts to
(B) The facts of such accident can be corrob- control or coordinate use of health care services
orated by competent evidence other than the in order to contain health care expenditures
testimony of the insured or any passenger in RULPSURYHTXDOLW\RIKHDOWKFDUHVHUYLFHV
the insured motor vehicle; and ´0RWRUYHKLFOHµPHDQVDVHOISURSHOOHG
(C) The insured or someone on behalf of the ODQGPRWRUYHKLFOHRUWUDLOHURWKHUWKDQ
insured shall have reported the accident within (a) A farm-type tractor or other self-pro-
KRXUVWRDSROLFHSHDFHRUMXGLFLDORIÀFHU pelled equipment designed for use principally
to the Department of Transportation or to the off public roads, while not upon public roads;
equivalent department in the state where the
DFFLGHQWRFFXUUHGDQGVKDOOKDYHÀOHGZLWKWKH (b) A vehicle operated on rails or crawl-
insurer within 30 days thereafter a statement er-treads; or
under oath that the insured or the legal repre- (c) A vehicle located for use as a residence
sentative of the insured has a cause or causes of RUSUHPLVHV
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
PHQWDOEHQHÀWVRUJUDWXLWRXVEHQHÀWV WRLVLQWHQGHGWRSUHYHQWDQLQVXUHU
7KHSHUVRQDOLQMXU\SURWHFWLRQEHQHÀWV IURPSURYLGLQJPRUHIDYRUDEOHEHQHÀWVWKDQWKH
may be reduced or eliminated, if it is so pro- SHUVRQDOLQMXU\SURWHFWLRQEHQHÀWVGHVFULEHGLQ
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state or any other state or the United States, 742.534 Reimbursement of other insur-
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VLPLODUPHGLFDORUGLVDELOLW\EHQHÀWV>)RU- liability and amount of reimbursement.
PHUO\@ ([FHSWDVSURYLGHGLQ256HYHU\
742.528 Notice of denial of payment of authorized motor vehicle liability insurer
EHQHÀWVAn insurer who denies payment of whose insured is or would be held legally liable
SHUVRQDOLQMXU\SURWHFWLRQEHQHÀWVWRRURQ for damages for injuries sustained in a motor
EHKDOIRIDQLQVXUHGVKDOO vehicle accident by a person for whom personal
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(1) Provide written notice of the denial, E\DQRWKHUVXFKLQVXUHURUIRUZKRPEHQHÀWV
ZLWKLQFDOHQGDUGD\VRIUHFHLYLQJDFODLP have been furnished by an authorized health
from the provider, to the insured, stating insurer, shall reimburse such other insurer
the reason for the denial and informing the IRUWKHEHQHÀWVLWKDVVRIXUQLVKHGLILWKDV
insured of the method for contesting the denial; requested such reimbursement, has not given
and QRWLFHDVSURYLGHGLQ256WKDWLWHOHFWV
(2) Provide a copy of the notice of the denial, recovery by lien in accordance with that section
ZLWKLQFDOHQGDUGD\VRIUHFHLYLQJDFODLP and is entitled to reimbursement under this
from the provider, to a provider of services VHFWLRQE\WKHWHUPVRILWVSROLF\5HLPEXUVH-
XQGHU256D>)RUPHUO\ ment under this subsection, together with the
F@ amount paid to injured persons by the liability
insurer, shall not exceed the limits of the policy
742.529 Payment based on incorrect LVVXHGE\WKHLQVXUHU
determination of responsibility; notice;
repayment. ,I SHUVRQDO LQMXU\ SURWHFWLRQ ,QFDOFXODWLQJVXFKUHLPEXUVHPHQWWKH
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appeared to establish proof of loss and the ished in proportion to the amount of negligence
LQVXUHUSD\LQJWKHEHQHÀWVODWHUGHWHUPLQHV DWWULEXWDEOHWRWKHSHUVRQIRUZKRPEHQHÀWV
the insurer was not responsible for the pay- have been so furnished, and the reimburse-
ment, the insurer shall give notice and ment shall not exceed the amount of damages
explanation to the provider that the payment OHJDOO\UHFRYHUDEOHE\WKHSHUVRQ
ZDV LQFRUUHFWO\ LVVXHG ,PPHGLDWHO\ DIWHU (3) Disputes between insurers as to such
receiving the notice and explanation the pro- issues of liability and the amount of reimburse-
YLGHUVKDOOSURPSWO\UHSD\WKHLQVXUHU> ment required by this section shall be decided
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See Preface to Oregon Revised Statutes for
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ment under this section for recovery of personal
742.530 Exclusions from coverage. (1) injury protection payments, then the insurer
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organized racing or speed contest or practice to insurer; insurer to elect manner of
or preparation for any such contest; or UHFRYHU\RIEHQHÀWVIXUQLVKHGOLHQRI
insurer. (1) When an authorized motor vehi-
(c) Willfully conceals or misrepresents any cle liability insurer has furnished personal
material fact in connection with a claim for LQMXU\SURWHFWLRQEHQHÀWVRUDQDXWKRUL]HG
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(2) The insurer may exclude from the cover- person injured in a motor vehicle accident,
DJHIRUWKHEHQHÀWVUHTXLUHGE\256 if such injured person makes claim, or insti-
(1)(b) and (c) any person injured as a pedes- tutes legal action, for damages for such injuries
trian in an accident outside this state, other against any person, such injured person shall
than the insured person or a member of that give notice of such claim or legal action to the
SHUVRQ·VIDPLO\UHVLGLQJLQWKHVDPHKRXVHKROG insurer by personal service or by registered or
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and complaint or copy of other process served
in connection with such a legal action shall be
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return showing service of such notice shall be fees incurred by the injured person in connec-
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has so furnished, out of any recovery under RQO\WRWKHH[WHQWRIVXFKEHQHÀWVIXUQLVKHG
such claim or legal action, if the insurer has not (3) The injured person shall do whatever is
been a party to an interinsurer reimbursement proper to secure, and shall do nothing after
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256DQGLVHQWLWOHGE\WKHWHUPVRI
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insurer shall give written notice of such elec- the injured person shall take, through any
tion within 30 days from the receipt of notice UHSUHVHQWDWLYHQRWLQFRQÁLFWLQLQWHUHVWZLWK
or knowledge of such claim or legal action to the injured person designated by the insurer,
the person making claim or instituting legal such action as may be necessary or appropriate
action and to the person against whom claim WRUHFRYHUVXFKEHQHÀWVIXUQLVKHGDVGDPDJHV
is made or legal action instituted, by personal from such responsible person, such action to
VHUYLFHRUE\UHJLVWHUHGRUFHUWLÀHGPDLO,Q be taken in the name of the injured person,
the case of a legal action, a return showing EXWRQO\WRWKHH[WHQWRIWKHEHQHÀWVIXUQLVKHG
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with the clerk of the court but shall not be a insurer shall also be reimbursed out of such
part of the record except to give notice to the recovery for the injured person’s share of
claimant and the defendant of the lien of the 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-
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the proportion, not to exceed 100 percent, of D6XFKEHQHÀWVIXUQLVKHGE\WKHLQVXUHU
expenses, costs and attorney fees incurred and
by the injured person in connection with the E7KHWRWDOUHFRYHU\OHVVD
recovery that the amount of the lien before such
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deliver to the insurer such instruments and
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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 @
HVWDEOLVKHGE\WKHGLUHFWRU·VUXOH>)RUPHUO\ 742.542 Effect of personal injury pro-
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742.538 Subrogation rights of insurers vehicle liability insurer of personal injury pro-
to certain amounts received by claimant; WHFWLRQEHQHÀWVIRULWVRZQLQVXUHGVKDOOEH
recovery actions against persons causing applied in reduction of the amount of damages
injury. ,IDPRWRUYHKLFOHOLDELOLW\LQVXUHUKDV that the insured may be entitled to recover
IXUQLVKHGSHUVRQDOLQMXU\SURWHFWLRQEHQHÀWV from the insurer under uninsured or underin-
RUDKHDOWKLQVXUHUKDVIXUQLVKHGEHQHÀWVIRU sured motorist coverage for the same accident
a person injured in a motor vehicle accident, but may not be applied in reduction of the unin-
DQGWKHLQWHULQVXUHUUHLPEXUVHPHQWEHQHÀWRI sured or underinsured motorist coverage policy
256LVQRWDYDLODEOHXQGHUWKHWHUPV OLPLWV>)RUPHUO\F@
of that section, and the insurer has not elected 742.544 Reimbursement for personal
UHFRYHU\E\OLHQDVSURYLGHGLQ256 LQMXU\SURWHFWLRQEHQHÀWVSDLG(1) A pro-
and is entitled by the terms of its policy to the YLGHURISHUVRQDOLQMXU\SURWHFWLRQEHQHÀWV
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(1) The insurer is entitled to the proceeds tection payments made on behalf of any person
of any settlement or judgment that may result only to the extent that the total amount of ben-
from the exercise of any rights of recovery of HÀWVSDLGH[FHHGVWKHGDPDJHVVXIIHUHGE\WKDW
the injured person against any person legally SHUVRQ$VXVHGLQWKLVVHFWLRQ´WRWDODPRXQW
responsible for the accident, to the extent of RIEHQHÀWVµPHDQVWKHDPRXQWRIPRQH\UHFRY-
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insurer’s share of expenses, costs and attorney
(3) After the expiration of the 14-day period year but not extending beyond the actual term
under subsection (2) of this section, the insurer IRUZKLFKWKHSROLF\ZDVZULWWHQ>)RUPHUO\
may proceed with the salvage sale of the motor FF@
YHKLFOH>F@ 742.562 Grounds for cancellation of
Note6HHQRWHXQGHU policies; notice required; applicability.
(1) A notice of cancellation of a policy shall be
Cancellation effective only if it is based on one or more of
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´&DQFHOODWLRQµPHDQVWHUPLQDWLRQRIFRY- (b) Fraud or material misrepresentation
erage by an insurer, other than termination affecting the policy or in the presentation of
at the request of the insured, during a policy a claim thereunder, or violation of any of the
SHULRG WHUPVRUFRQGLWLRQVRIWKHSROLF\
´([SLUDWLRQµPHDQVWHUPLQDWLRQRIFRY- (c) The named insured or any operator either
erage by reason of the policy having reached resident in the same household or who custom-
the end of the term for which it was issued or arily operates an automobile insured under the
the end of the period for which a premium has policy has had driving privileges suspended
EHHQSDLG or revoked pursuant to law during the policy
period, or, if the policy is a renewal, during
´1RQSD\PHQWRISUHPLXPµPHDQVIDLOXUH its policy period or the 180 days immediately
of the named insured to discharge when due SUHFHGLQJLWVHIIHFWLYHGDWH$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 ZHUHVXVSHQGHGSXUVXDQWWR256
the premium is payable directly to the insurer or (8) if the suspension was based on a non-
or an insurance producer who is its agent or GULYLQJRIIHQVH
LQGLUHFWO\XQGHUDQ\SUHPLXPÀQDQFHSODQRU
H[WHQVLRQRIFUHGLW (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
LVXQZLOOLQJWRUHQHZDSROLF\ DUHQHZDOSROLF\
´3ROLF\µPHDQVDQ\LQVXUDQFHSROLF\ (3) This section shall not apply to nonre-
that provides automobile liability coverage, QHZDO>)RUPHUO\FD
uninsured motorist coverage, automobile med- F@
ical payments coverage or automobile physical
damage coverage on individually owned pri- 742.564 Manner of giving cancellation
vate passenger vehicles, including pickup and notice. (1) No notice of cancellation of a policy
panel trucks and station wagons, that are not WRZKLFK256DSSOLHVVKDOOEHHIIHFWLYH
used as a public or livery conveyance for pas- unless mailed or delivered by the insurer to the
VHQJHUVQRUUHQWHGWRRWKHUV+RZHYHU256 named insured at least 30 days prior to the
WRGRQRWDSSO\WRDQ\SROLF\ effective date of cancellation and accompanied
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-
QLHGE\WKHUHDVRQWKHUHIRUVKDOOEHJLYHQ
(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 742.566 Renewal of policies; require-
premises liability of an insured even though ments for refusal to renew. (1) An insurer
such insurance may also provide some inci- shall offer renewal of a policy, contingent upon
dental coverage for liability arising out of the payment of premium as stated in the offer, to
ownership, maintenance or use of a motor vehi- an insured unless the insurer mails or delivers
cle on the premises of such insured or on the to the named insured, at the address shown
ZD\VLPPHGLDWHO\DGMRLQLQJVXFKSUHPLVHV in the policy, at least 30 days’ advance notice
RIQRQUHQHZDO6XFKQRWLFHVKDOOFRQWDLQRUEH
´5HQHZDOµRU´WRUHQHZµPHDQVWRFRQ- accompanied by a statement of the reason or
tinue coverage for an additional policy period UHDVRQVIRUQRQUHQHZDO
upon expiration of the current policy period
RIDSROLF\$Q\SROLF\ZLWKDSROLF\SHULRG (2) The insurer shall not be required to
or term of less than six months shall for the notify the named insured or any other insured
SXUSRVHRI256WREHFRQVLG- of nonrenewal of the policy if the insurer has
ered as if written for a policy period or term mailed or delivered a notice of expiration or
RIVL[PRQWKV$Q\SROLF\ZULWWHQIRUDWHUP cancellation on or prior to the 30th day pre-
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expiration date shall for the purpose of ORS (3) Notwithstanding the failure of an
WREHFRQVLGHUHGDVLIZULWWHQ insurer to comply with this section, the policy
for successive policy periods or terms of one
legislative action but were not added to ORS to the program with a disclosure that contains
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ace to Oregon Revised Statutes for further WKLVVHFWLRQ>F@
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742.590 Personal vehicle sharing pro- 742.595 Assumption of liability; excep-
gram requirements. For each vehicle that WLRQVLQGHPQLÀFDWLRQSURKLELWLRQRQ
the program facilitates the use of, a personal policy cancellation. (1) Notwithstanding
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(1) Provide a program insurance policy DQGQRWZLWKVWDQGLQJ256FKDSWHUV
with coverage for the vehicle, the designated DQGDQG256WR
operator of the vehicle and all persons who, DQGLQWKHHYHQWRIDQ\ORVV
with the consent of the named insured, use or injury that occurs at any time when the
WKHPRWRUYHKLFOHLQVXUHGXQGHUWKHSROLF\7KH vehicle is under the operation and control of
limits for any coverage included in the program a person, other than the vehicle’s registered
insurance policy that is also included in the owner, pursuant to a personal vehicle sharing
owner’s insurance policy must be equal to or program, or is otherwise under the control of a
greater than the coverage limits provided in personal vehicle sharing program, the program
the owner’s insurance policy, as reported to the shall assume all liability of the vehicle owner
SURJUDPE\WKHRZQHU+RZHYHUWKHSURJUDP and shall be considered the vehicle owner for
may not provide liability coverage that is less DOOSXUSRVHV
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(a) Limits the liability of a personal vehicle
(2) Provide the vehicle’s registered owner sharing program for any acts or omissions by
with a proof of compliance with the insurance the program that result in injury to any per-
UHTXLUHPHQWVRIWKLVVHFWLRQDQGWKHÀQDQFLDO sons as a result of the use or operation of the
or future responsibility requirements of ORS program; or
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tained in the vehicle by the vehicle’s registered (b) Limits the ability of the personal vehicle
owner at all times when the vehicle is operated sharing program to, by contract, seek indemni-
by any person other than the vehicle’s regis- ÀFDWLRQIURPWKHYHKLFOH·VUHJLVWHUHGRZQHUIRU
WHUHGRZQHUSXUVXDQWWRWKHSURJUDP any claims paid by the personal vehicle shar-
ing program for any loss or injury resulting
(3) Collect, maintain and make available from fraud or material misrepresentation in
to the vehicle’s registered owner, the vehicle’s the maintenance of the vehicle by the vehicle’s
registered owner’s primary motor vehicle lia- UHJLVWHUHGRZQHU
bility insurer and any government agency as
UHTXLUHGE\ODZDWWKHFRVWRIWKHSURJUDP (3) A personal vehicle sharing program con-
tinues to be liable under subsection (1) of this
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of the vehicle and miles driven when the vehi- (a) The vehicle is returned to a location des-
cle is under the control of a person other than ignated by the program; and
the vehicle’s registered owner pursuant to the (b)(A) The expiration of the time period
program; and established for the vehicle occurs;
(b) Any information concerning damages or (B) The intent to terminate the vehicle’s
injuries arising out of personal vehicle sharing SHUVRQDOYHKLFOHVKDULQJXVHLVYHULÀDEO\FRP-
SXUVXDQWWRWKHSURJUDP municated to the program; or
(4) Not knowingly permit the vehicle to be (C) The vehicle’s registered owner takes
operated as a commercial vehicle by a personal SRVVHVVLRQDQGFRQWURORIWKHYHKLFOH
vehicle sharing user while engaged in personal
YHKLFOHVKDULQJ)RUWKHSXUSRVHVRIWKLVVXE- (4)(a) A personal vehicle sharing program
VHFWLRQ´FRPPHUFLDOYHKLFOHµKDVWKHPHDQLQJ shall assume liability for a claim in which a
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private passenger motor vehicle when the loss
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(b) The insurer of the vehicle shall indem-
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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
LQVWDOOHGXQGHUVXEVHFWLRQRIWKLVVHFWLRQ registered owner is named as a defendant in
and any damage caused to the vehicle by the a civil action for any loss or injury that occurs
installation, operation or maintenance of the at any time when the vehicle is under the oper-
HTXLSPHQW ation and control of a person, other than the
(8) Provide the vehicle’s registered owner vehicle’s registered owner, pursuant to a per-
and any person operating the vehicle pursuant sonal vehicle sharing program, or is otherwise
party has a security interest, for the protection is required in connection with a loan or the
RIWKHVHFXUHGSDUW\·VLQWHUHVWLQWKHSURSHUW\ H[WHQVLRQRIFUHGLW
(3) Nothing contained in this section shall (c) As a condition for extending credit or
be construed to require any secured party to offering any product or service that is equiv-
place or maintain insurance on real or personal alent to an extension of credit, require that
property in which the secured party has a secu- a customer obtain insurance from a deposi-
rity interest, and the secured party shall not be WRU\LQVWLWXWLRQRUDQDIÀOLDWHRIDGHSRVLWRU\
liable to the mortgagor, borrower or purchaser institution, or from a particular insurer or
or to any other party as a result of the failure LQVXUDQFHSURGXFHU7KLVSDUDJUDSKGRHVQRW
of the secured party to place or maintain such SURKLELWDGHSRVLWRU\LQVWLWXWLRQRUDQDIÀOLDWH
LQVXUDQFH of a depository institution from informing a
(4) The failure of a secured party prior to customer or prospective customer that insur-
-DQXDU\WRLQFOXGHLQDFRQWUDFWRU ance is required in order to obtain a loan or
loan agreement, or in a separate document credit, that loan or credit approval is contin-
accompanying the contract or loan agreement, gent upon the procurement by the customer
the notice set forth in subsection (1) of this of acceptable insurance or that insurance is
section shall not be admissible in any court available from the depository institution or
or arbitration proceeding or otherwise used DQDIÀOLDWHRIWKHGHSRVLWRU\LQVWLWXWLRQ
to prove that a secured party’s actions with (d) Unreasonably reject an insurance policy
respect to the placement or maintenance of furnished by the customer or borrower for the
insurance on real or personal property in protection of the property securing the credit
which the secured party has a security interest RUORDQ$UHMHFWLRQLVQRWFRQVLGHUHGXQUHDVRQ-
DUHRUZHUHXQODZIXORURWKHUZLVHLPSURSHU$ able if it is based on reasonable standards that
secured party shall not be liable to the mort- are uniformly applied and that relate to the
gagor, borrower or purchaser or to any other H[WHQWRIFRYHUDJHUHTXLUHGDQGWRWKHÀQDQFLDO
party for placing such insurance in accordance VRXQGQHVVDQGWKHVHUYLFHVRIDQLQVXUHU7KH
with the terms of an otherwise legal contract or standards may not discriminate against any
loan agreement with the mortgagor, borrower particular type of insurer or call for rejection
or purchaser entered into prior to January 1, of an insurance policy because the policy con-
>FFF tains coverage in addition to that required in
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746.219. $VXVHGLQ256WR mortgagor, purchaser, insurer or insurance
´$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
´'HSRVLWRU\LQVWLWXWLRQµPHDQVDÀQDQ- in accordance with the terms of the loan or
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>F@ apply to charges that would be required when
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NoteWRZHUHDGGHGWR depository institution is the licensed insurance
DQGPDGHDSDUWRIWKH,QVXUDQFH&RGHE\ SURGXFHUSURYLGLQJWKHLQVXUDQFH
legislative action but were not added to ORS
FKDSWHURUDQ\VHULHVWKHUHLQ6HH3UHI- (f) Require any procedures or conditions
ace to Oregon Revised Statutes for further of an insurer or insurance producer not cus-
H[SODQDWLRQ tomarily required of insurers or insurance
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746.215 Regulation of depository insti- ZLWKWKHGHSRVLWRU\LQVWLWXWLRQ
tutions with regard to insurance sales
or solicitations. (1) A depository institution (g) Use an advertisement or other insurance
RUDQDIÀOLDWHRIDGHSRVLWRU\LQVWLWXWLRQWKDW promotional material that would cause a rea-
OHQGVPRQH\RUH[WHQGVFUHGLWPD\QRW sonable person to mistakenly believe that the
federal government or the state is responsible
(a) As a condition precedent to the lending for the insurance sales activity of, or stands
of money or extension of credit, or any renewal behind the credit of, the depository institution
thereof, require that the person to whom the RULWVDIÀOLDWH
money or credit is extended, or whose obligation
DFUHGLWRULVWRDFTXLUHRUÀQDQFHQHJRWLDWH (h) Use an advertisement or other insurance
any policy or renewal thereof through a partic- promotional material that would cause a rea-
ular insurer or group of insurers or insurance sonable person to mistakenly believe that the
SURGXFHURUJURXSRILQVXUDQFHSURGXFHUV federal government or the state guarantees any
returns on insurance products or is a source of
(b) Reject an insurance policy solely because payment on any insurance obligation of or sold
the policy has been issued or underwritten by E\WKHGHSRVLWRU\LQVWLWXWLRQRULWVDIÀOLDWH
a person who is not associated with the depos-
LWRU\LQVWLWXWLRQRUDIÀOLDWHZKHQLQVXUDQFH
(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 that fails to comply with paragraph (a) of this
claims within a reasonable time after com- subsection shall be subject to discipline under
pleted proof of loss statements have been 256
submitted; (c) This subsection does not apply to group
(f) Not attempting, in good faith, to promptly practice health maintenance organizations
and equitably settle claims in which liability WKDWDUHIHGHUDOO\TXDOLÀHGSXUVXDQWWR7LWOH
has become reasonably clear; ;,,,RIWKH+HDOWK0DLQWHQDQFH2UJDQL]DWLRQ
(g) Compelling claimants to initiate lit- $FW>FDF
igation to recover amounts due by offering FF@
substantially less than amounts ultimately Note7KHDPHQGPHQWVWRE\VHF-
recovered in actions brought by such claimants; WLRQFKDSWHU2UHJRQ/DZVEHFRPH
(h) Attempting to settle claims for less than operative January 1, 2017, and apply to health
the amount to which a reasonable person would EHQHÀWSODQVLQHIIHFWRQRUDIWHU-DQXDU\
believe a reasonable person was entitled after 6HHVHFWLRQFKDSWHU2UHJRQ/DZV
referring to written or printed advertising 7KHWH[WWKDWLVRSHUDWLYHRQDQGDIWHU
material accompanying or made part of an January 1, 2017, is set forth for the user’s
application; FRQYHQLHQFH
(i) Attempting to settle claims on the basis 746.230. (1) No insurer or other person shall
of an application altered without notice to or commit or perform any of the following unfair
consent of the applicant; FODLPVHWWOHPHQWSUDFWLFHV
(j) Failing, after payment of a claim, to (a) Misrepresenting facts or policy provisions
LQIRUPLQVXUHGVRUEHQHÀFLDULHVXSRQUHTXHVW in settling claims;
by them, of the coverage under which payment (b) Failing to acknowledge and act promptly
has been made; upon communications relating to claims;
(k) Delaying investigation or payment of (c) Failing to adopt and implement reason-
claims by requiring a claimant or the claim- able standards for the prompt investigation of
ant’s physician, physician assistant or nurse claims;
practitioner to submit a preliminary claim (d) Refusing to pay claims without con-
report and then requiring subsequent submis- ducting a reasonable investigation based on
sion of loss forms when both require essentially all available information;
the same information;
H)DLOLQJWRDIÀUPRUGHQ\FRYHUDJHRI
(L) Failing to promptly settle claims under claims within a reasonable time after com-
one coverage of a policy where liability has pleted proof of loss statements have been
EHFRPHUHDVRQDEO\FOHDULQRUGHUWRLQÁXHQFH submitted;
settlements under other coverages of the policy;
or (f) Not attempting, in good faith, to promptly
and equitably settle claims in which liability
(m) Failing to promptly provide the proper has become reasonably clear;
explanation of the basis relied on in the insur-
ance policy in relation to the facts or applicable (g) Compelling claimants to initiate lit-
ODZIRUWKHGHQLDORIDFODLP igation to recover amounts due by offering
substantially less than amounts ultimately
(2) No insurer shall refuse, without just recovered in actions brought by such claimants;
cause, to pay or settle claims arising under
coverages provided by its policies with such (h) Attempting to settle claims for less than
frequency as to indicate a general business the amount to which a reasonable person would
practice in this state, which general business believe a reasonable person was entitled after
SUDFWLFHLVHYLGHQFHGE\ referring to written or printed advertising
material accompanying or made part of an
(a) A substantial increase in the number application;
of complaints against the insurer received by
the Department of Consumer and Business (i) Attempting to settle claims on the basis
Services; of an application altered without notice to or
consent of the applicant;
(b) A substantial increase in the number
RI ODZVXLWV ÀOHG DJDLQVW WKH LQVXUHU RU LWV (j) Failing, after payment of a claim, to
insureds by claimants; or LQIRUPLQVXUHGVRUEHQHÀFLDULHVXSRQUHTXHVW
by them, of the coverage under which payment
F2WKHUUHOHYDQWHYLGHQFH has been made;
(3)(a) No health maintenance organization, (k) Delaying investigation or payment
DVGHÀQHGLQ256VKDOOXQUHDVRQ- of claims by requiring a claimant or the
ably withhold the granting of participating claimant’s physician, physician assistant or
provider status from a class of statutorily nurse practitioner to submit a preliminary
authorized health care providers for services claim report and then requiring subsequent
rendered within the lawful scope of practice if
the health care providers are licensed as such
submission of loss forms when both require uninsured motorist coverage, automobile med-
essentially the same information; ical payments coverage or automobile physical
(L) Failing to promptly settle claims under damage coverage on an individually owned
one coverage of a policy where liability has passenger vehicle, including pickup and panel
EHFRPHUHDVRQDEO\FOHDULQRUGHUWRLQÁXHQFH WUXFNVDQGVWDWLRQZDJRQV
settlements under other coverages of the policy; (a) For the purpose of determining whether
or WRLVVXHRUUHQHZWKHLQGLYLGXDO·VSROLF\
(m) Failing to promptly provide the proper (b) For the purpose of determining the rates
explanation of the basis relied on in the insur- RIWKHLQGLYLGXDO·VSROLF\
ance policy in relation to the facts or applicable )RUWKHSXUSRVHVVSHFLÀHGLQVXEVHFWLRQ
ODZIRUWKHGHQLDORIDFODLP (1) of this section, an insurer that issues or
(2) No insurer shall refuse, without just renews a policy described in subsection (1) of
cause, to pay or settle claims arising under WKLVVHFWLRQPD\QRWFRQVLGHUDQ\
coverages provided by its policies with such (a) Accident or conviction for violation of
frequency as to indicate a general business motor vehicle laws that occurred more than
practice in this state, which general business three years immediately preceding the appli-
SUDFWLFHLVHYLGHQFHGE\ cation for the policy or for renewal of the policy;
(a) A substantial increase in the number (b) Diversion agreements under ORS
of complaints against the insurer received by WKDWZHUHHQWHUHGLQWRPRUHWKDQWKUHH
the Department of Consumer and Business years immediately preceding the application
Services; for the policy or for renewal of the policy; or
(b) A substantial increase in the number (c) Suspension of driving privileges pursuant
RI ODZVXLWV ÀOHG DJDLQVW WKH LQVXUHU RU LWV WR256RULIWKHVXVSHQVLRQLV
insureds by claimants; or EDVHGRQDQRQGULYLQJRIIHQVH
F2WKHUUHOHYDQWHYLGHQFH (3) Subsection (2) of this section does not
746.260 Driving record not to be apply if an insurer considers an individual’s
considered in issuance of motor vehi- nonemployment driving record under ORS
cle insurance. (1) As used in this section, IRUWKHSXUSRVHRISURYLGLQJDGLVFRXQW
´HPSOR\PHQWGULYLQJUHFRUGµDQG´QRQHPSOR\- WRWKHLQGLYLGXDO>FF
PHQWGULYLQJUHFRUGµPHDQWKHHPSOR\PHQW FFF
driving record and nonemployment driving FF@
UHFRUGGHVFULEHGLQ256 'HÀQLWLRQVIRU256WR
([FHSWDVSURYLGHGLQVXEVHFWLRQRI 746.300. $VXVHGLQ256WR
this section, an insurer may not consider an ´$GMXVWHUµPHDQVDSHUVRQDXWKRUL]HGWR
individual’s employment driving record or GREXVLQHVVXQGHU256RU
nonemployment driving record in determin-
ing rates for, or whether to issue or renew, a (2) “Motor vehicle liability insurance
SROLF\RISHUVRQDOLQVXUDQFHDVGHÀQHGLQ256 SROLF\µ PHDQV DQ LQVXUDQFH SROLF\ ZKLFK
WKDWSURYLGHVIRUWKHLQGLYLGXDODXWR- provides automobile liability coverage, unin-
mobile liability coverage, uninsured motorist sured motorist coverage, automobile medical
coverage, automobile medical payments cover- payments coverage or automobile physical
age or automobile physical damage coverage damage coverage on motor vehicles, but does
on an individually owned passenger vehicle, QRWLQFOXGHDQ\LQVXUDQFHSROLF\
including pickup and panel trucks and station (a) Covering garage, automobile sales
ZDJRQV$QLQVXUHUPD\QRWFDQFHOWKHSROLF\ agency, repair shop, service station or public
or discriminate in regard to other terms or con- parking place operation hazards; or
ditions of the policy based upon the individual’s
employment driving record or nonemployment E,VVXHGSULQFLSDOO\WRFRYHUSHUVRQDORU
GULYLQJUHFRUG premises liability of an insured, even though
such insurance may also provide some inci-
(3) This section does not affect the enforce- dental coverage for liability arising out of the
PHQWRIWKHPRWRUYHKLFOHODZV ownership, maintenance or use of a motor vehi-
(4) An insurer may use the abstract of the cle on the premises of such insured or on the
individual’s nonemployment driving record as ZD\VLPPHGLDWHO\DGMRLQLQJVXFKSUHPLVHV
DXWKRUL]HGXQGHU256>F (3) “Motor vehicle body and frame repair
FFF VKRSµ PHDQV D EXVLQHVV RU D GLYLVLRQ RI D
F@ business organized for the purpose of effect-
746.265 Purposes for which abstract of ing repairs to motor vehicles which have been
nonemployment driving record may be SK\VLFDOO\GDPDJHG>F@
considered. (1) Subject to subsection (2) of this NoteWRDQGZHUH
section, an insurer may consider the abstract enacted into law by the Legislative Assembly
of an individual’s nonemployment driving but were not added to or made a part of ORS
UHFRUGXQGHU256ZKHQHYDOXDWLQJ FKDSWHURUDQ\VHULHVWKHUHLQE\OHJLVODWLYH
the individual’s application to obtain or renew DFWLRQ6HH3UHIDFHWR2UHJRQ5HYLVHG6WDWXWHV
SHUVRQDOLQVXUDQFHDVGHÀQHGLQ256 IRUIXUWKHUH[SODQDWLRQ
that provides automobile liability coverage,
customer and one copy shall be retained by the (c) Charge for repairs not actually per-
PRWRUYHKLFOHERG\DQGIUDPHUHSDLUVKRS formed, or add the cost of repairs not actually
(2) Before commencing repair work and upon WREHSHUIRUPHGWRDQ\UHSDLUHVWLPDWH
the request of any customer, a motor vehicle (d) Refuse any insurer, or its insured, or
body and frame repair shop shall make an their agents or employees, reasonable access to
estimate in writing of the parts and labor any repair facility for the purpose of inspecting
necessary for the repair work, and shall not or reinspecting the damaged vehicle during
charge for the work done or parts supplied in XVXDOEXVLQHVVKRXUV
excess of the estimate without the consent of $VXVHGLQ256DQGWKLVVHF-
VXFKFXVWRPHU WLRQ´DIWHUPDUNHWFUDVKSDUWµPHDQVDPRWRU
D,IFUDVKSDUWVWREHXVHGLQWKHUHSDLU vehicle replacement part, sheet metal or plas-
work are supplied by the original equipment tic, that constitutes the visible exterior of the
manufacturer, the parts shall be accompanied vehicle, including an inner or outer panel, is
by a warranty that guarantees the customer generally repaired or replaced as the result of
that the parts meet or exceed standards used a collision and is not supplied by the original
LQPDQXIDFWXULQJWKHRULJLQDOHTXLSPHQW HTXLSPHQWPDQXIDFWXUHU>F
E,IFUDVKSDUWVWREHXVHGLQWKHUHSDLU F@
work are not supplied by the original equip- Note6HHQRWHXQGHU
ment manufacturer, the estimate shall include 746.295 Proof and amount of loss under
DVWDWHPHQWWKDWVD\V motor vehicle liability policies; determi-
___________________________________ nation by insurer. 1RWKLQJLQ256
This estimate has been prepared based on WRRUVKDOOSURKLELWDQLQVXUHU
the use of a motor vehicle crash part not made from establishing proof of loss requirements
E\WKHRULJLQDOHTXLSPHQWPDQXIDFWXUHU7KH for motor vehicle liability insurance policies,
use of a motor vehicle crash part not made investigating and determining the amount of
by the original equipment manufacturer may an insured’s loss through its agents or employ-
invalidate any remaining warranties of the ees or negotiating with any person for the
original equipment manufacturer on that UHSDLURIVXFKORVV>F@
PRWRUYHKLFOHSDUW7KHSHUVRQZKRSUHSDUHG Note6HHQRWHXQGHU
this estimate will provide a copy of the part 746.300 Liability of insurers and motor
warranty for crash parts not made by the orig- vehicle repair shops for damages; attor-
inal equipment manufacturer for comparison ney fees. An insured whose insurer violates
SXUSRVHV 256RURUDFXVWRPHUZKRVH
___________________________________ motor vehicle body and frame repair shop
(4) No motor vehicle body and frame shop YLRODWHV256PD\ÀOHDQDFWLRQWR
PD\ recover actual damages or $100, whichever
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(a) Supply or install used parts, or any award reasonable attorney fees to the prevail-
component system composed of new and used LQJSDUW\LQDQDFWLRQXQGHUWKLVVHFWLRQ>
parts, when new parts or component systems FFF@
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Note: See note under 746.275.
(b) Supply or install, without the owner’s
consent, any aftermarket crash part unless 746.308 Violation of provisions regard-
WKHSDUWKDVEHHQFHUWLÀHGE\DQLQGHSHQGHQW ing totaled vehicles as violation of
test facility to be at least equivalent to the Insurance Code. An insurer that violates
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graph, an aftermarket crash part is at least WRKDYHYLRODWHGDSURYLVLRQRIWKH,QVXUDQFH
equivalent to the part being replaced if the &RGH>F@
aftermarket crash part is the same kind of part Note ZDV HQDFWHG LQWR ODZ E\
and is at least the same quality with respect to the Legislative Assembly but was not added
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ace to Oregon Revised Statutes for further
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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
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Nonmotorized Vehicles Other Than Bicycles313
Obeying Police254
Offenses155
Off-Road Vehicles401
Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles399
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Oregon Vehicle Code1
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Passenger Rail
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Pedestrians; Passengers; Livestock; Motorized Wheelchairs;
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Permits (Vehicle Limits)
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Provisions Applicable to Both Title and Registration71
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