USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 815 Vehicle Equipment Generally
Nothing in the
vehicle code shall be construed to prohibit the use of additional parts
and accessories on any vehicle not inconsistent with the provisions of
the vehicle code. [1983 c.338 §434](1) Testing requirements for equipment standards
adopted under the vehicle code shall be met by the manufacturer
submitting a report from a laboratory approved by the Department of
Transportation showing compliance with the current federal regulations or
the standards of the Society of Automotive Engineers, the American
National Standards Institute or the National Institute of Standards and
Technology. This subsection supersedes any provision to the contrary in
the vehicle code.
(2) A federal vehicle safety standard that conflicts with an
equipment provision of the vehicle code applicable to the same aspect of
performance shall supersede that specific provision of the vehicle code
with respect to vehicles in compliance with the federal vehicle safety
standard that was in effect at the time of sale. [1983 c.338 §435; 1985
c.16 §228; 1989 c.402 §2; 1991 c.67 §221; 2003 c.14 §497; 2003 c.158 §1] The
Department of Transportation may at any time inspect any vehicle to
determine its compliance with the equipment provisions and other
provisions of the vehicle code. [1983 c.338 §436] (1) A person commits
the offense of operation of an unsafe vehicle if the person does any of
the following:
(a) Drives or moves on any highway any vehicle which is in such
unsafe condition as to endanger any person.
(b) Owns a vehicle and causes or knowingly permits the vehicle to
be driven or moved on any highway when the vehicle is in such unsafe
condition as to endanger any person.
(2) The offense described in this section, operation of an unsafe
vehicle, is a Class B traffic violation. [1983 c.338 §437] (1) A
person commits the offense of causing unreasonable noise with a vehicle
if the person operates upon any highway any motor vehicle so as to cause
any greater noise or sound than is reasonably necessary for the proper
operation of the vehicle.
(2) The offense described in this section, causing unreasonable
noise with a vehicle, is a Class D traffic violation. [1983 c.338 §438;
1987 c.158 §171; 1995 c.383 §22]AUTHORITY TO ESTABLISH STANDARDS (1) The Department of
Transportation shall adopt and enforce minimum standards for vehicle
performance or vehicle equipment performance consistent with this section.
(2) Standards adopted by the department under this section shall be
consistent with any vehicle standards established under federal
regulations or under standards of the Society of Automotive Engineers,
the American National Standards Institute or the National Institute of
Standards and Technology.
(3) As federal regulations concerning vehicle equipment are
subsequently amended or repealed the department may consider subsequent
federal vehicle safety standards and adopt standards with respect to any
vehicle or item of vehicle equipment applicable to the same aspect of
performance of such vehicle or item of equipment if the department
determines that the subsequent federal standards are practicable, provide
an objective standard and meet the need for vehicle safety.
(4) Standards adopted by the department under this section
supersede any equipment provision of the vehicle code applicable to the
same aspect of performance that conflicts with a specific provision of a
standard adopted by the department under this section with respect to
compliance with safety standards in effect at the time of sale.
(5) The department shall continue to adopt equipment standards as
required under other sections of the vehicle code if there is no standard
under this section.
(6) Proof of certification of equipment under this section may be
in the form of a symbol or designation prescribed in federal standards or
if there is no federal symbol or designation, by a symbol or designation
acceptable to the department.
(7) Compliance with any requirements for equipment under this
section is subject to ORS 815.010.
(8) Prohibitions and penalties relating to the standards
established under this section are provided under ORS 815.075 and
The
Department of Transportation shall adopt rules to establish standards for
roadside vehicle warning devices for purposes of ORS 811.530 and 815.285.
The rules shall include requirements for the placement and use of such
warning devices to provide warning of disabled vehicles. [1985 c.16 §230] (1) The
Department of Transportation shall establish standards for safety glazing
material used in vehicle windows and windshields including standards for
any glazing material so constructed, treated or combined with other
materials as to reduce substantially, in comparison to ordinary sheet or
plate glass, the likelihood of injury to persons by broken or cracked
glass or by objects from external sources.
(2) The standards established under this section shall conform,
insofar as practical, to safety standards and specifications for safety
glazing material issued by the federal government.
(3) Prohibitions and penalties relating to the standards
established under this section are provided under ORS 815.090 and 815.210.
(4) The standards established under this section may not restrict
the installation and use of window tinting material that meets the
requirements of ORS 815.221. [1983 c.338 §440; 1989 c.402 §3; 1995 c.263
§5; 2003 c.14 §498; 2003 c.158 §3] (1) The
Oregon Transportation Commission shall adopt rules necessary to carry out
ORS 815.140. The rules adopted by the commission:
(a) Shall establish the various types of conditions under which
vehicle traction tires or chains must be used.
(b) Shall define types of vehicle traction tires or chains that may
be used under various road conditions. The commission rules under this
paragraph shall comply with the following:
(A) Traction tire shall be defined to include any tire that meets
traction standards established by the Department of Transportation.
(B) Tires with studs that are permitted under ORS 815.165 shall be
allowed as traction tires under the rules.
(C) The department may require that traction tires without studs
bear identifying marks, defined by the department, that indicate that the
tire was manufactured specifically for adverse weather conditions.
(D) Chains shall be defined to include link chains, cable chains or
any other device that attaches to the wheel, vehicle or outside of the
tire and that augments the traction of a vehicle.
(c) Shall establish signs to be posted under conditions that
require vehicle traction tires or chains.
(d) May establish types or classes of vehicles that are exempt from
requirements to use vehicle traction tires or chains under certain
conditions if the commission determines that the operation of the class
or type of vehicle would be safe under those conditions.
(2) A road authority shall:
(a) Determine when conditions on a segment of highway require the
use of vehicle traction tires or chains as defined by the commission;
(b) Determine which segments of a highway shall be posted as
described under this section to require vehicle traction tires or chains;
and
(c) Provide for the placement and removal of signs requiring the
use of vehicle traction tires or chains. [1983 c.338 §441; 1985 c.16
§231; 1993 c.741 §86; 1997 c.493 §1] The
Department of Transportation shall adopt and enforce rules establishing
minimum standards and specifications for safe protective headgear to be
worn by people operating bicycles, by passengers on bicycles and by
people riding on skateboards or scooters or using in-line skates. The
rules shall conform, insofar as practicable, to national safety standards
and specifications for such headgear. [1993 c.408 §6; 2003 c.106 §2; 2005
c.141 §1](1) The Department of Transportation shall
adopt and enforce rules establishing minimum standards and specifications
for the construction and installation of safety belts, safety harnesses
or child safety systems and anchors or other devices to which safety
belts, safety harnesses or child safety systems may be attached and
secured. The rules adopted under this subsection are subject to the
following:
(a) The rules that establish minimum standards and specifications
for child safety systems required and regulated under this section and
ORS 811.210 and 815.080 shall conform to the standards for child safety
systems established by the federal government. Child safety systems are
required to meet those standards in effect at the date of manufacture.
(b) All rules adopted under this subsection shall conform to the
regulations and standards established by the federal government relating
to safety belt assemblies that are applicable to motor vehicles at the
date of manufacture.
(2) The department may purchase in the market and test or submit to
testing laboratories any safety belt, safety harness, child safety system
or anchor or other device. The department shall enforce the penalties
under ORS 815.080 if it determines that the belt, harness, child safety
system or anchor or other device does not conform to the minimum
standards established under this section.
(3) Prohibitions and penalties relating to sale and use of
equipment subject to this section are provided under ORS 811.210 and
815.080. [1983 c.338 §443; 1985 c.16 §233; 1989 c.402 §4; 1993 c.751 §74;
2001 c.679 §2; 2003 c.158 §9]The Department of Transportation shall adopt rules for
slow-moving vehicle emblems for purposes of ORS 815.110 and 815.115. The
rules adopted under this section shall:
(1) Require a slow-moving vehicle emblem that is reflectorized or
fluorescent and that is of a standard type.
(2) Establish design and mounting requirements that the emblem must
meet.
(3) Conform to the nationally accepted standards for slow-moving
vehicle emblems. [1983 c.338 §444] The
Department of Transportation shall adopt and enforce rules for the
purpose of regulation of hydraulic brake fluid under ORS 815.085. The
rules shall establish standards and specifications and labeling
requirements for hydraulic brake fluid and other liquid mediums through
which force is transmitted to the brakes in the hydraulic brake system of
a vehicle. The rules, in so far as practicable, shall conform to safety
standards and specifications for brake fluids issued by the federal
government and to the current standards and specifications of the Society
of Automotive Engineers applicable to such fluid. The department shall
publish rules adopted under this section. Penalties and prohibitions
relating to the rules are as provided under ORS 815.085. [1983 c.338
§446; 1989 c.402 §5; 2003 c.158 §12] The
Oregon Transportation Commission shall prescribe warning signs or signals
for placement on roadways by tow vehicles or wreckers under ORS 822.220.
[1983 c.338 §449; 1985 c.16 §236; 1987 c.119 §2]PROVIDING UNLAWFUL EQUIPMENT(1) A person commits the offense of selling vehicles
or equipment that violates state equipment administrative rules if the
person sells or offers for sale any vehicle or sells or offers for sale
for use upon a vehicle or uses on any vehicle any equipment if the
vehicle or equipment:
(a) Does not conform to standards established by the Department of
Transportation by rule under ORS 815.030; and
(b) Does not bear thereon proof of certification that it complies
with the applicable standards.
(2) Proof of certification required under this section may be made
in any manner provided under ORS 815.030.
(3) This section is subject to the following exemptions in addition
to any exemptions under ORS 801.026:
(a) Vehicles of special interest that are registered under ORS
805.020 are deemed to comply with this section if:
(A) The vehicles are equipped with original manufacturer’s
equipment and accessories, or their equivalent, and are maintained in
safe operating order; or
(B) The vehicles are street rods that conform to ORS 815.107.
(b) Road machinery, road rollers, implements of husbandry, farm
trailers and farm tractors are not subject to this section.
(c) Antique vehicles are not subject to this section if the
vehicles are maintained as collectors’ items and used for exhibitions,
parades, club activities and similar uses, but not used primarily for the
transportation of persons or property.
(4) The offense described under this section, selling vehicles or
equipment that violates state equipment administrative rules, is a Class
D traffic violation. [1983 c.338 §450; 1985 c.16 §237; 1989 c.402 §6;
1995 c.79 §375; 1995 c.383 §23; 1997 c.402 §6](1) A person commits
the offense of providing a safety belt, harness equipment or a child
safety system that does not comply with standards if the person does any
of the following:
(a) Sells or offers for sale a new motor vehicle that is not
equipped with safety belts, safety harnesses or child safety systems that
comply with and are installed in compliance with the rules adopted by the
Department of Transportation under ORS 815.055. This paragraph applies
only to motor vehicles that are primarily designed for transportation of
individuals and that have seating for one or more passengers side-by-side
with the operator. This paragraph requires only that the vehicle be
equipped with one seat belt or harness for the operator and one for at
least one of the passengers seated beside the operator.
(b) Sells or offers for sale any safety belt, safety harness, child
safety system, anchor or other device for attaching or securing safety
belts, safety harnesses or child safety system if the belt, harness,
child safety system, anchor or device does not comply with the rules
adopted by the department under ORS 815.055. This paragraph applies only
to belts, harnesses, child safety systems, anchors or devices for use or
installation on a vehicle that is primarily designed for transportation
of individuals.
(c) Sells or offers for sale any safety belt, safety harness, child
safety system, anchor or other device for attaching or securing safety
belts, safety harnesses or child safety systems if the belt, harness,
child safety system, anchor or device is not marked as required under
federal safety standards and if the mark is not legible when the belt,
harness, child safety system, anchor or other device is used or installed
on a vehicle. This paragraph applies only to belts, harnesses, child
safety systems, anchors or devices for use or installation on a vehicle
that is primarily designed for transportation of individuals.
(d) Installs any safety belt, safety harness, child safety system,
anchor or other device for attaching or securing safety belts, safety
harnesses or child safety systems on a vehicle that is primarily designed
for the transportation of individuals except in compliance with rules
adopted by the department under ORS 815.055.
(2) This section does not apply to school buses or school activity
vehicles that are subject to equipment standards adopted by the State
Board of Education or the State Board of Higher Education under ORS
820.100.
(3) The offense described in this section, providing a safety belt,
harness equipment or a child safety system that does not comply with
standards, is a Class C traffic violation. [1983 c.338 §452; 1985 c.16
§238; 1985 c.420 §5; 1987 c.119 §3; 1993 c.751 §113; 1995 c.383 §24; 1999
c.39 §10; 2003 c.158 §11]
(1) A person commits the offense of servicing with or selling unapproved
brake fluid if the person does any of the following:
(a) Distributes, has for sale, offers for sale or sells any
hydraulic brake fluid or any other liquid medium through which force is
transmitted to the brakes in the hydraulic brake system of a vehicle if
the fluid or liquid does not comply with the standards, specifications
and labeling established by rule by the Department of Transportation
under ORS 815.065.
(b) Services any vehicle with any hydraulic brake fluid or any
other liquid medium through which force is transmitted to the brakes in
the hydraulic brake system of a vehicle if the fluid or liquid does not
comply with the standards, specifications and labeling established by
rule by the department under ORS 815.065.
(2) The offense described in this section, servicing with or
selling unapproved brake fluid, is a Class A misdemeanor. [1983 c.338
§454](1) A person commits the offense of replacement of vehicle
windows with unapproved material if the person makes or procures the
replacement of windows or windshields in a motor vehicle and the
replacement is made with a material that does not meet the standards
established by the Department of Transportation under ORS 815.040.
(2) This section does not apply to vehicles that are exempt under
ORS 815.210 from the prohibitions against operating a vehicle without
approved materials in the vehicle windows.
(3) The offense described in this section, replacement of vehicle
windows with unapproved material, is a Class A misdemeanor. [1983 c.338
§455; 2003 c.158 §4](1) A person commits the offense of
making unlawful sales of, installations of or representations concerning
vehicle pollution control systems if the person does any of the following:
(a) Sells, displays, advertises or represents as a certified system
any motor vehicle pollution control system that is not certified under
ORS 468A.365.
(b) Installs or sells for installation upon a motor vehicle any
motor vehicle pollution control system for which a certificate of
approval has not been issued under ORS 468A.365.
(2) The offense described in this section, making unlawful sales,
installations or representations concerning vehicle pollution control
systems, is a Class A misdemeanor but each day of violation does not
constitute a separate offense. [1983 c.338 §456; 1985 c.16 §239] A person
commits the offense of providing a vehicle with a mercury light switch if
the person sells or offers for sale in this state a vehicle manufactured
after January 1, 2006, that contains a mercury light switch mounted on
the hood or trunk. [2001 c.924 §7]OPERATING WITH UNLAWFUL EQUIPMENT(1) A person commits the offense of operation of a vehicle that
violates state equipment administrative rules if the person drives or
moves on any highway or owns and causes or knowingly permits to be driven
or moved on any highway a vehicle if the vehicle or any equipment on the
vehicle:
(a) Does not conform to standards established by the Department of
Transportation by rule under ORS 815.030; and
(b) Does not bear thereon proof of certification that it complies
with the applicable standards.
(2) Proof of certification required under this section may be made
in any manner provided under ORS 815.030.
(3) This section is subject to the exemptions from this section
established under ORS 815.105.
(4) Vehicle equipment standards established by rule under ORS
815.030 supersede any other equipment standards under the vehicle code
when so provided by ORS 815.030.
(5) The offense described under this section, operation of vehicle
that violates state equipment administrative rules, is a Class C traffic
violation. [1983 c.338 §466; 1985 c.16 §244; 1985 c.393 §16] This section
establishes exemptions from ORS 815.030 and 815.100. Exemptions under
this section are in addition to any exemptions under ORS 801.026.
Exemptions under this section are partial or complete as described in the
following:
(1) Vehicles of special interest that are registered under ORS
805.020 are deemed to comply with ORS 815.030 and 815.100 if:
(a) The vehicles are equipped with original manufacturer’s
equipment and accessories, or their equivalent, and are maintained in
safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(2) Road machinery, road rollers, implements of husbandry, farm
trailers and farm tractors are exempt from ORS 815.030 and 815.100.
(3) Antique vehicles are exempt from ORS 815.030 and 815.100 if the
vehicles are maintained as collectors’ items and used for exhibitions,
parades, club activities and similar uses, but not used primarily for the
transportation of persons or property.
(4) Motorized wheelchairs are exempt from ORS 815.030 and 815.100
when used as permitted under ORS 811.440. [1983 c.338 §467; 1985 c.16
§245; 1989 c.402 §7; 1991 c.417 §5; 1997 c.402 §7] A
vehicle of special interest that is a street rod is exempt from vehicle
equipment requirements under ORS 815.075, 815.105, 815.120, 815.135,
815.175, 815.190, 815.210, 815.215, 815.230, 815.250, 815.255 and 816.340
if all of the following apply:
(1) The vehicle is equipped with original manufacturer’s equipment
and accessories, or their equivalent, except that:
(a) The drive train, suspension system or brake system on the
original vehicle may be replaced with a drive train, suspension system or
brake system that:
(A) Conforms to the requirements of ORS 815.125, if applicable;
(B) Conforms to applicable standards established by the Department
of Transportation by rule under ORS 815.030; and
(C) Bears any required proof of certification that the equipment
complies with the applicable standards;
(b) The dimensions of the original body of the vehicle may be
altered if the altered body conforms to the standards established by the
department by rule under ORS 815.030;
(c) The hood, bumpers and fenders of the vehicle may be removed
from the vehicle; and
(d) The exhaust system may be modified to discharge exhaust along
the side of the vehicle if the exhaust is discharged away from the
vehicle and from a location to the rear of the rear edge of the front
door of the vehicle.
(2) The vehicle is maintained in safe operating condition. [1997
c.402 §5; 1999 c.59 §243]SPECIFIC EQUIPMENT(Slow-Moving Vehicles)
This section establishes requirements for ORS 815.115. The requirements
under this section are in addition to any other requirements for lighting
equipment provided by law. Except as specifically provided by an
exemption under ORS 815.120, a person violates ORS 815.115 if the person
does not comply with any of the following requirements:
(1) The following types of vehicles must display slow-moving
vehicle emblems described under ORS 815.060:
(a) Vehicles or combinations of vehicles designed for customary use
at speeds of less than 25 miles per hour.
(b) Golf carts or similar vehicles when operated by a disabled
person.
(c) Class I all-terrain vehicles operated on a highway under ORS
821.191 (1).
(2) Slow-moving vehicle emblems must meet the requirements for such
emblems established by the Department of Transportation by rule under ORS
815.060.
(3) Slow-moving vehicle emblems shall be displayed on the rear of
the power unit. When a combination of vehicles is being operated in a
manner that obscures the emblem mounted on the power unit, an additional
emblem shall be displayed on the rear of the rearmost vehicle in the
combination. [1983 c.338 §469; 2001 c.529 §5] (1) A person
commits the offense of violation of slow-moving vehicle emblem
requirements if the person drives or moves on any highway or owns and
causes or knowingly permits to be driven or moved on any highway a
vehicle or combination of vehicles if the vehicle or combination of
vehicles:
(a) Is required by ORS 815.110 to be equipped with a slow-moving
vehicle emblem and the vehicle is not equipped with an emblem in the
manner required by ORS 815.060.
(b) Is displaying a slow-moving vehicle emblem when not required
under ORS 815.110 or in a manner not in conformity with ORS 815.060.
(2) This section is subject to exemptions from this section
established under ORS 815.120.
(3) The offense described in this section, violation of slow-moving
vehicle emblem requirements, is a Class C traffic violation. [1983 c.338
§468; 1985 c.393 §17] This section
establishes exemptions from the requirements of ORS 815.110 and 815.115.
The exemptions under this section are in addition to any exemptions under
ORS 801.026. The exemptions under this section are partial or complete as
described in the following:
(1) Vehicles of special interest that are registered under ORS
805.020 are deemed to comply with the requirements if:
(a) The vehicles are equipped with original manufacturer’s
equipment and accessories, or their equivalent, and are maintained in
safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(2) Antique vehicles are not subject to the standards if the
vehicles are maintained as collectors’ items and used for exhibitions,
parades, club activities and similar uses, but not used primarily for the
transportation of persons or property.
(3) Road machinery, road rollers and farm tractors are not subject
to the requirements except as provided in this subsection. Such vehicles
or combinations thereof are subject to the requirements if the vehicles
are designed for use at speeds less than 25 miles per hour, except when
such vehicles are engaged in actual construction or maintenance work and
guarded by a flagger or by clear visible warning signs. [1983 c.338 §470;
1985 c.16 §246; 1985 c.69 §8; 1997 c.402 §8](Brakes) This section establishes
requirements for ORS 815.130. Except as specifically provided by an
exemption under ORS 815.135, a vehicle or combination of vehicles is in
violation of ORS 815.130, if the vehicle or combination of vehicles is
not equipped with brakes as required under the following or if the brakes
do not meet the standards described under the following:
(1) Motorcycles and mopeds shall be provided with at least one
brake that may be operated by hand or foot.
(2) Motor vehicles other than mopeds or motorcycles shall be
equipped with brakes that include two separate means of applying the
brakes. Each of the separate means of applying the brakes shall be
effective to apply the brakes to at least two wheels and, if the separate
means of applying the brakes are connected in any way, shall be so
constructed that failure of any one part of the operating mechanism shall
not leave the motor vehicle without brakes on at least two wheels.
(3) A combination of vehicles that includes a motor vehicle and any
other vehicle shall be equipped with a brake system on one or more of the
vehicles.
(4) Brakes on any vehicle must be adequate to control movement of
and to stop and to hold the vehicle or combination of vehicles.
(5) Brakes on any vehicle must be maintained in good working order.
(6) Every motor vehicle and combination of motor vehicles except
mopeds or motorcycles shall at all times be equipped with a parking brake
system. A parking brake system required by this subsection must meet all
the following requirements:
(a) The system must be adequate to hold the vehicle or combination
of motor vehicles on any grade where operated under any condition of
loading on a surface free from ice or snow.
(b) The system shall at all times be capable of being applied by
either the driver’s muscular effort, by spring action or by other energy.
This paragraph is violated if the method for applying the system is not
sufficient to make the system hold a vehicle as required by this
subsection.
(c) If the system is applied by an energy source, the source must
be isolated from other uses and used exclusively for the operation of the
system.
(d) The method for keeping the brakes applied must be other than by
fluid pressure, air pressure or electric energy.
(e) The system shall be designed so that the brakes cannot be
released unless they may be immediately reapplied.
(7) Brakes on vehicles of the following described weight must be
able to stop the vehicle moving at the described speed within the
described distance without leaving a 12-foot wide lane:
(a) Vehicles with a registration weight of less than 8,000 pounds
must be able to brake from a speed of 20 miles per hour to a stop within
25 feet.
(b) Vehicles with a registration weight of 8,000 pounds or more and
combinations of vehicles must be able to brake from a speed from 20 miles
per hour to a stop within 35 feet. [1983 c.338 §472; 1985 c.16 §247] (1) A person commits the offense
of having improper brakes if the person does any of the following:
(a) Drives or moves on any highway a vehicle that is not equipped
with brakes that meet requirements under ORS 815.125.
(b) Owns a vehicle and causes or knowingly permits the vehicle to
be driven or moved on any highway when the vehicle is not equipped with
brakes that meet the requirements under ORS 815.125.
(2) This section is subject to the exemptions from this section
established under ORS 815.135.
(3) The offense described in this section, improper brakes, is a
Class C traffic violation. [1983 c.338 §471; 1995 c.383 §25] This section
establishes exemptions from ORS 815.130. The exemptions under this
section are in addition to any exemptions under ORS 801.026. The
exemptions under this section are partial or complete as described in the
following:
(1) The following vehicles shall be deemed in compliance with the
brake requirements if the vehicles are equipped with original
manufacturer’s equipment and accessories, or their equivalent, and
maintained in safe operating condition:
(a) Except as provided in subsection (2) of this section, motor
vehicles of special interest that are registered under ORS 805.020.
(b) Antique motor vehicles that are registered under ORS 805.010.
(2) Motor vehicles of special interest that are registered under
ORS 805.020 and that are street rods, as defined in ORS 801.513, shall be
deemed in compliance with the brake requirements if the street rods
conform to ORS 815.107.
(3) The following vehicles are exempt from the brake requirements:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(d) Electric personal assistive mobility devices. [1983 c.338 §473;
1985 c.69 §2; 1997 c.402 §9; 2003 c.341 §15](Tires)
(1) A person commits the offense of failure to use vehicle traction tires
or chains if the person drives or moves or owns and causes or knowingly
permits to be driven or moved any motor vehicle or trailer on any highway
if the highway is posted showing conditions that require vehicle traction
tires or chains and the vehicle is not equipped with vehicle traction
tires or chains that are required for the posted conditions.
(2) Traction tires or chains that are referred to in this section
are those established by rule under the authority granted under ORS
815.045.
(3) This section does not apply to vehicles exempted from this
section under ORS 815.145.
(4) This section only applies to sections of highway on which a
road authority requires the use of traction tires or chains and on which
signs requiring the use of traction tires or chains have been posted as
provided in ORS 815.045.
(5) A court shall not find a person to be in violation of the
offense described under this section if the court determines that the
conditions of the highway at the time the person was cited did not
require posting under rules adopted under ORS 815.045. The defense under
this subsection may be affirmatively asserted by any person cited for
violation of the offense described in this section.
(6) The offense described in this section, failure to use vehicle
traction tires or chains, is a Class C traffic violation. [1983 c.338
§474; 1995 c.383 §119; 1997 c.493 §2] This
section establishes exemptions from ORS 815.140. The following are
completely or partially exempt as described:
(1) Police vehicles under any conditions.
(2) Fire vehicles when responding to a fire.
(3) An ambulance when responding to an emergency.
(4) A passenger vehicle or truck is not required to use chains if
the vehicle or truck:
(a) Has an unloaded weight of 6,500 pounds or less;
(b) Is equipped and operated to provide power to both front and
rear wheels;
(c) Is carrying chains as defined in ORS 815.045;
(d) Is equipped with tires, on all wheels, that are vehicle
traction tires as defined in ORS 815.045;
(e) Is not towing another vehicle other than as may be necessary to
remove disabled vehicles from the roadway; and
(f) Is not being operated in a manner or under conditions where the
vehicle loses traction while stopping, cornering or moving.
(5) Vehicles exempt by rule under ORS 815.045. [1983 c.338 §475;
1997 c.493 §3](1) A person commits the offense of unlawful use of
devices without wheels if the person does any of the following:
(a) Drives or moves on a highway any sled or other device that does
not move exclusively on revolving wheels or rotating tracks in contact
with the surface of the highway and that has a loaded weight in excess of
500 pounds.
(b) Owns a sled or other device that does not move exclusively on
revolving wheels or rotating tracks in contact with the surface of the
highway and that has a loaded weight in excess of 500 pounds and causes
or permits the sled or device to be driven or moved on a highway.
Operation of any sled or device in violation of this section is prima
facie evidence that the owner of the sled or device caused or permitted
the sled or device to be so operated and the owner shall be liable for
any penalties imposed under subsection (4) of this section.
(2) The application of this section is subject to the following
exemptions:
(a) This section does not apply on any way, thoroughfare or place
owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(b) This section does not apply on any road or thoroughfare or
property in private ownership or any road or thoroughfare, other than a
state highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or both.
(c) Operations authorized under the terms of a variance permit
issued under ORS 818.200 are subject to the terms of the permit. It is a
defense to any charge of violation of this section if the person so
charged produces a variance permit issued under ORS 818.200 authorizing
the operation issued prior to and valid at the time of the offense.
(d) This section does not apply to any vehicle, combination of
vehicles, article, machine or other equipment while being used by the
federal government, the State of Oregon, or any county or incorporated
city in the construction, maintenance or repair of public highways and at
the immediate location or site of such construction, maintenance or
repair.
(e) This section does not apply to vehicles while being used on the
roads of a road authority by mass transit districts for the purposes
authorized under ORS 267.010 to 267.390, provided the operation is
approved by the road authority for that road.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, unlawful use of devices
without wheels, is a Class C traffic violation. [1983 c.338 §477; 1985
c.16 §249; 1985 c.393 §18](1) A person commits the offense of unlawful use of metal
objects on tires if the person does any of the following:
(a) Drives or moves on a highway any vehicle equipped with any tire
having on its periphery any block, stud, cleat, bead, chain or other
protuberance of metal or other inflexible material that projects beyond
the tread or traction surface of the tire.
(b) Owns a vehicle and causes or permits the vehicle to be driven
or moved on a highway when the vehicle is equipped with any tire having
on its periphery any block, stud, cleat, bead, chain or other
protuberance of metal or other inflexible material that projects beyond
the tread or traction surface of the tire. Operation of any vehicle in
violation of this section is prima facie evidence that the owner of the
vehicle caused or permitted the vehicle to be so operated and the owner
shall be liable for any penalties imposed under subsection (4) of this
section as a result of the operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 815.165.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, unlawful use of metal
objects on tires, is a Class C traffic violation. [1983 c.338 §478; 1985
c.393 §19]
This section establishes exemptions from ORS 815.160. The exemptions
under this section are in addition to any under ORS 801.026. Exemptions
are partial or complete as described in the following:
(1) Any vehicle on any way, thoroughfare or place owned by a
district formed under ORS chapters 545, 547, 551 or a corporation formed
under ORS chapter 554.
(2) Any vehicle on any road or thoroughfare or property in private
ownership or any road or thoroughfare, other than a state highway or
county road, used pursuant to any agreement with any agency of the United
States or with a licensee of such agency or both.
(3) Operations approved under a variance permit issued under ORS
818.200 are subject to the terms of the permit. It shall be a defense to
any charge of violation of ORS 815.160 if the person so charged produces
a variance permit issued under ORS 818.200 authorizing the operation
issued prior to and valid at the time of the offense.
(4) Vehicles actually engaged at the time in construction or repair
of highways in this state.
(5) Traction engines moved upon dirt or unimproved roads.
(6) Vehicles equipped with chains as defined in ORS 815.045.
(7) Between November 1 of any year and April 1 of the following
year, vehicles equipped with any tire having on its periphery studs of
metal or other material extending beyond the tread surface of the tire
not less than four-hundredths (0.04) inch nor more than six-hundredths
(0.06) inch and made of such material that the studs will wear, through
use, at the same rate as the tread surface of the tire. When the
preservation of the highway surface or the safety of the traveling public
so indicates, the Department of Transportation shall have the authority
to shorten or lengthen the period for the permissible use of such tires
in any area of the state specifically designated by the department.
(8) School buses with a loaded weight of 10,000 pounds or more.
(9) Emergency vehicles and ambulances used in an emergency
situation.
(10) Motor vehicles used for regularly scheduled medical transport
services.
(11) The owner or lessee of any land adjoining any highway may move
across or along the highway any tractor or implement of husbandry for the
purpose of planting, cultivating, caring for or harvesting any crop, on
condition that the owner or lessee shall be liable to the State of Oregon
for the benefit of the State Highway Fund with respect to state highways,
or to the proper county for the benefit of the county road fund with
respect to county highways, for any damage or injury done to the highway
by the movement. [1983 c.338 §479; 1985 c.420 §7; 1997 c.493 §4; 2003
c.757 §1]
(1) A tire dealer may not sell a tire equipped with studs that are not
lightweight studs.
(2) A tire dealer may not sell a stud other than a lightweight stud
for installation in a tire.
(3) As used in this section:
(a) “Lightweight stud” means a stud that is recommended by the
manufacturer of the tire for the type and size of the tire and that:
(A) Weighs no more than 1.5 grams if the stud is size 14 or less;
(B) Weighs no more than 2.3 grams if the stud size is 15 or 16; or
(C) Weighs no more than 3.0 grams if the stud size is 17 or larger.
(b) “Tire dealer” means a person engaged in a business, trade,
occupation, activity or enterprise that sells, transfers, exchanges or
barters tires or tire related products for consideration. [1995 c.701 §2;
1997 c.493 §5](1) A person commits the offense of operation without pneumatic
tires if the person does any of the following:
(a) Drives, operates or moves on a highway any vehicle or
combination of vehicles that is not equipped with pneumatic tires made of
elastic material.
(b) Owns a vehicle or combination of vehicles and causes or permits
the vehicle or combination of vehicles to be driven, operated or moved on
a highway when not equipped with pneumatic tires made of elastic
material. Operation of any vehicle or combination of vehicles in
violation of this section is prima facie evidence that the owner of the
vehicle or combination caused or permitted the vehicle or combination to
be so operated and the owner shall be liable for any penalties imposed
under subsection (4) of this section as a result of the operation.
(2) The application of this section is subject to the exemptions
from this section established under ORS 815.175.
(3) Violation of the offense described in this section is subject
to civil liability under ORS 818.410.
(4) The offense described in this section, operation without
pneumatic tires, is a Class C traffic violation. [1983 c.338 §480; 1985
c.393 §20] This section
establishes exemptions from ORS 815.170. The exemptions under this
section are in addition to any exemptions under ORS 801.026. Exemptions
are partial or complete as described in the following:
(1) Vehicles are not subject on any way, thoroughfare or place
owned by a district formed under ORS chapters 545, 547, 551 or a
corporation formed under ORS chapter 554.
(2) Vehicles are not subject on any road, thoroughfare or property
in private ownership or any road or thoroughfare, other than a state
highway or county road, used pursuant to any agreement with any agency of
the United States or with a licensee of such agency or both.
(3) Operation authorized under the terms of a variance permit
issued under ORS 818.200 is subject to the terms of the permit. It shall
be a defense to any charge of violation of ORS 815.170 if the person so
charged produces a variance permit issued under ORS 818.200 authorizing
the operation of the vehicle or combination of vehicles issued prior to
and valid at the time of the offense.
(4) ORS 815.170 does not apply to any implement of husbandry that
is equipped with any tires made of elastic material other than pneumatic
tires or with tires made with any nonelastic material that are not
prohibited under ORS 815.160 and that has a loaded weight of not more
than 7,000 pounds and a loaded weight as measured at any axle of not more
than 3,500 pounds.
(5) Vehicles of special interest that are registered under ORS
805.020 are deemed in compliance if:
(a) The vehicles are equipped with original manufacturer’s
equipment and accessories, or their equivalent, and are maintained in
safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(6) ORS 815.170 does not apply to road machinery, road rollers or
farm tractors.
(7) ORS 815.170 does not apply to antique vehicles if the vehicles
are maintained as collectors’ items and used for exhibitions, parades,
club activities and similar uses, but not used primarily for the
transportation of persons or property. [1983 c.338 §481; 1985 c.16 §250;
1997 c.402 §10](Mudguards, Fenders) This section designates fender and mudguard
standards for ORS 815.185. Except as specifically provided by an
exemption under ORS 815.190, a vehicle is in violation of ORS 815.185 if
the vehicle is not equipped with fenders or mudguards as required under
ORS 815.185 or if the fenders or mudguards do not meet the standards of
this section or are not of the type required by this section. The
standards for fenders and mudguards are as follows:
(1) There are three different types of fenders and mudguards. Any
vehicle required to have fenders and mudguards may be equipped with any
fender, cover, flap or splash apron to comply with the requirements of
ORS 815.185 for fenders and mudguards as long as the fenders and
mudguards meet all of the following standards:
(a) The width of any fender or mudguard required under this section
must be of sufficient size so that the fender or mudguard extends at
least to each side of the width of the tire or combined width of the
multiple tires when measured against the cross section of the tread of
the wheel or the combined cross sections of the treads of the multiple
wheels.
(b) Any fender or mudguard required under this section must be of
sufficient size and must be so constructed as to be capable at all times
of arresting and deflecting any dirt, mud, water or other substance that
may be picked up and carried by the wheels.
(2) The following types of fenders or mudguards must cover the
wheels of the vehicle in the manner described in paragraphs (a), (b) and
(c) of this subsection:
(a) Type I fenders or mudguards must extend in full width from a
point on the wheels that is above and forward of the center of the tires
over to a point at the rear of the wheels that is not more than 10
inches, or, if attached to the rear of a dump box that elevates for
unloading, not more than 13 inches, above the surface of the highway when
the vehicle is empty.
(b) Type II fenders or mudguards must extend downward in full width
from a point behind the wheels that is not lower than halfway between the
center of the wheels and the top of the tires to a point at the rear of
the wheels that is not more than 10 inches above the surface of the
highway when the vehicle is empty.
(c) Type III fenders or mudguards must extend in full width from a
point on the wheels that is above and forward of the center of the tire
over a point at the rear of the wheel that is not more than 27 inches
above the surface of the highway. [1983 c.338 §483; 1985 c.16 §252; 1993
c.314 §2; 2001 c.335 §9; 2003 c.158 §13](1) The following types of vehicles must be equipped with the
proper type of fenders or mudguards as described in ORS 815.180 (2):
(a) Type I fenders or mudguards shall be within five feet of the
tire tread of the tires on the last axle of:
(A) Every motor truck equipped with a body that has a registration
weight of 8,000 pounds or more.
(B) Every trailer except one otherwise described in this subsection.
(C) Every commercial bus.
(b) Type II fenders or mudguards shall be within four feet of the
tire tread of the tires on the last axle of:
(A) Every motor truck with a registration weight of 8,000 pounds or
more that is not equipped with a body.
(B) A pole trailer.
(C) A jeep used in the movement of nondivisible heavy haul loads.
(D) A booster.
(E) A lowboy.
(F) A container chassis. For purposes of this subparagraph, a
container chassis is a frame with wheels, attached to a tractor, that is
used to transport containers to and from ports, rail hubs and customer
locations.
(c) Type III fenders or mudguards shall be on each axle of every
motor vehicle not otherwise described in this section.
(2) For purposes of this section, a truck tractor and a semitrailer
coupled together shall be considered one vehicle. [1993 c.314 §3; 1997
c.722 §7; 2001 c.335 §8] (1)
A person commits the offense of operation without proper fenders or
mudguards if the person drives or moves on any highway or owns and causes
or knowingly permits to be driven or moved on any highway a vehicle
without fenders or mudguards as required by ORS 815.182, or if the
fenders or mudguards fail to meet the standards for fenders and mudguards
established under ORS 815.180.
(2) Exemptions to this section are established under ORS 815.190.
(3) If a person who is cited for violation of the offense under
this section submits evidence satisfactory to the court that the fenders
or mudguards on the vehicle subject to the citation have been added,
repaired or replaced to comply with the requirements of ORS 815.180 and
815.182, the court shall dismiss the charge for violation of the offense
without penalty to the person.
(4) The offense described in this section, operation without proper
fenders or mudguards, is a Class C traffic violation. [1983 c.338 §482;
1985 c.16 §251; 1993 c.314 §4; 1995 c.383 §26] This
section establishes exemptions from ORS 815.182 and 815.185. The
exemptions under this section are in addition to any exemptions under ORS
801.026. The exemptions established under this section are partial or
complete as described in the following:
(1) Vehicles of special interest that are registered under ORS
805.020 are deemed in compliance with the requirements and standards if:
(a) The vehicles are equipped with original manufacturer’s
equipment and accessories, or their equivalent, and maintained in safe
operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(2) Road machinery, road rollers and farm tractors are exempt from
the standards and requirements.
(3) Antique motor vehicles are exempt from the standards and
requirements if the vehicles are maintained as collectors’ items and used
for exhibitions, parades, club activities and similar uses, but not used
primarily for the transportation of persons or property.
(4) A motor truck is exempt from the requirements to be equipped
with fenders or mudguards if the vehicle has just a chassis that is not
equipped for hauling a load.
(5) Fenders or mudguards are not required on any modified
American-made pre-1935 vehicle, or any identifiable vintage or replica
thereof that is titled as a later assembled vehicle or replica and is
used for show and pleasure use when such vehicle is used and driven only
during fair weather on well-maintained, hard-surfaced roads. [1983 c.338
§484; 1985 c.402 §12; 1993 c.314 §5; 1997 c.402 §11; 1999 c.170 §1; 2003
c.655 §120](Visible Emissions) This section establishes
requirements for ORS 815.200. Except as specifically provided by an
exemption under ORS 815.205, a vehicle is in violation of ORS 815.200 if
the vehicle is required to comply with one of the following standards for
visible emissions and the vehicle produces visible emissions that exceed
those allowable under the described standard, as follows:
(1) A vehicle exceeds Visible Emission Standard I if the vehicle
produces any visible emissions that include any gases or particulates,
other than uncombined water, which separately or in combination are
visible upon release to the outdoor atmosphere.
(2) A vehicle exceeds Visible Emission Standard II if the vehicle
is operated at an elevation described under this subsection and the
vehicle produces a visible emission in excess of that allowed under this
subsection. Visible emissions limited under this subsection include any
gases or particulates, other than uncombined water, which separately or
in combination are visible upon release to the outdoor atmosphere. The
limitations on visible emission under this subsection are limits on the
percent of transmitted light that is obscured by the visible emission. A
vehicle violates the standards under this subsection if the vehicle does
any of the following:
(a) While operated at an elevation of 3,000 feet or less, releases
emissions that obscure more than 10 percent of transmitted light. A
vehicle is not in violation of this paragraph if the vehicle releases
emissions that obscure 40 percent or less of transmitted light for not
longer than seven consecutive seconds.
(b) While operated at an elevation of over 3,000 feet, releases
emissions that obscure more than 20 percent of transmitted light. A
vehicle is not in violation of this paragraph if the vehicle releases
emissions that obscure 60 percent or less of transmitted light for not
longer than seven consecutive seconds. [1983 c.338 §486; 1985 c.16 §253] (1) A person
commits the offense of violation of visible emission limits if the person
operates, drives and causes or permits to be driven on any highway:
(a) A motor vehicle, other than one described in paragraph (b) of
this subsection, that has visible emissions exceeding visible emissions
allowed under Visible Emission Standard I under ORS 815.195.
(b) A motor vehicle powered by compression ignition, two cycle or
diesel cycle engines or a vehicle excluded by order of the Environmental
Quality Commission under ORS 468A.075 and the vehicle has visible
emissions exceeding visible emissions allowed under Visible Emission
Standard II under ORS 815.195.
(2) The exemptions from this section are established under ORS
815.205.
(3) The offense described in this section, violation of visible
emission limits, is a Class D traffic violation. [1983 c.338 §485; 1985
c.393 §21] This section
establishes exemptions from ORS 815.195 and 815.200. The exemptions under
this section are in addition to any exemptions under ORS 801.026.
Exemptions under this section are partial or complete as described in the
following:
(1) Motor vehicles registered as farm vehicles under ORS 805.300
are not subject to the limits on visible emissions.
(2) Vehicles of special interest and antique vehicles are not
subject to the limits on visible emissions if the vehicles are maintained
as a collectors’ item and used for exhibitions, parades, club activities
and similar uses, but not used primarily for the transportation of
persons or property.
(3) The visible emission limits apply only in counties having a
population over 50,000 according to the 1970 federal decennial census
that are located west of the summit of the Cascade Mountains. The summit
of the Cascade Mountains is determined for purposes of this subsection by
the line beginning at the intersection of the northern boundary of the
State of Oregon and the western boundary of Wasco County, thence
southerly along the western boundaries of the counties of Wasco,
Jefferson, Deschutes and Klamath to the southern boundary of the State of
Oregon. [1983 c.338 §487](Windows)(1) A person commits the offense of operation of a
vehicle without approved materials in windows if the person drives or
moves on any highway or owns and causes or knowingly permits to be driven
or moved on any highway a motor vehicle with a windshield or windows that
do not conform to the standards established by the Department of
Transportation under ORS 815.040.
(2) This section does not apply to the following vehicles:
(a) Any motor vehicle manufactured on or before January 1, 1954,
and registered in this state. The exemption under this paragraph does not
apply to windshields or windows that have been replaced after January 1,
1954.
(b) Vehicles of special interest that are registered under ORS
805.020 and that are:
(A) Equipped with original manufacturer’s equipment and
accessories, or their equivalent, that are maintained in safe operating
condition; or
(B) Street rods that conform to ORS 815.107.
(c) Road machinery, road rollers or farm tractors.
(d) Antique vehicles that are maintained as collectors’ items and
used for exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
(3) The vehicle exemptions under this section are also exemptions
from the prohibitions under ORS 815.090 against replacing vehicle window
or windshield with any unapproved material as provided in that section.
(4) The offense described in this section, operation of a vehicle
without approved materials in windows, is a Class C traffic violation.
[1983 c.338 §488; 1985 c.16 §254; 1985 c.393 §22; 1997 c.402 §12; 2003
c.158 §6] (1)
A person commits the offense of failure to have windshield wipers if the
person drives or moves on any highway or owns and causes or knowingly
permits to be driven or moved on any highway a motor vehicle that has a
windshield and that is not equipped with windshield wipers that meet the
requirements under this section.
(2) Windshield wipers meet the requirements of this section if the
windshield wipers are designed for cleaning rain or other moisture from
the windshield and so constructed as to be controlled or operated by the
driver of the vehicle.
(3) This section does not apply to the following vehicles:
(a) Vehicles of special interest that are registered under ORS
805.020 and that are:
(A) Equipped with original manufacturer’s equipment and
accessories, or their equivalent, and that are maintained in safe
operating condition; or
(B) The vehicles are street rods that conform to ORS 815.107.
(b) Road machinery, road rollers or farm tractors.
(c) Antique vehicles that are maintained as collectors’ items and
used for exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
(d) Motorcycles.
(4) The offense described in this section, failure to have
windshield wipers, is a Class C traffic violation. [1983 c.338 §489; 1997
c.402 §13; 2003 c.158 §14] (1) A person
commits the offense of obstruction of vehicle windows if the person
drives or moves on any highway or owns and causes or knowingly permits to
be driven or moved on any highway any vehicle with windows obstructed in
a manner prohibited under this section.
(2) The windows of a vehicle are obstructed in a manner prohibited
by this section if any material that prohibits or impairs the ability to
see into or out of the vehicle is upon any vehicle window described in
this subsection. This subsection applies to any sign, poster, one-way
glass, adhesive film, glaze application or other material if the material
prohibits or impairs the ability to see into or out of the vehicle. This
subsection only applies to the following windows of the vehicle:
(a) The front windshield.
(b) The side-wings.
(c) The side windows on either side forward of or adjacent to the
operator’s seat.
(d) The rear window.
(3) Nothing in this section prohibits safety glazing materials of a
type that conforms to standards established under ORS 815.040.
(4) Nothing in this section prohibits placement of permits in
accordance with the provisions of ORS 803.650 or with rules adopted by
the Department of Transportation under ORS 803.650.
(5) Nothing in this section prohibits the application of tinting
material to the windows of a motor vehicle in compliance with ORS 815.221.
(6) The offense described in this section, obstruction of vehicle
windows, is a Class D traffic violation. [1983 c.338 §490; 1985 c.16
§255; 1987 c.166 §5; 1995 c.263 §4; 1995 c.383 §91; 2003 c.158 §5]
(1) Notwithstanding any other provision of law, a person may apply
tinting material to the windows of a motor vehicle in compliance with
this section.
(2) Tinting material may be applied to the side and rear windows of
a motor vehicle if:
(a) The tinting material has a light transmittance of 50 percent or
more;
(b) The tinting material has a light reflectance of 13 percent or
less; and
(c) The total light transmittance through the window with the
tinting material applied is 35 percent or more.
(3) Tinting material that has a lower light transmittance or
produces a lower total light transmittance than permitted in subsection
(2)(a) and (c) of this section may be applied to the top six inches of a
windshield. Tinting material may not be applied to any other portion of
the windshield.
(4) Tinting material that has a lower light transmittance or
produces a lower total light transmittance than permitted in subsection
(2)(a) and (c) of this section may be applied to all windows of a
multipurpose passenger vehicle that are behind the driver. This
subsection applies only to vehicles that are equipped with rearview
mirrors on each side of the vehicle. The windows as tinted shall meet the
requirements for AS-3 glazing material established by federal regulation.
For purposes of this subsection, a “multipurpose passenger vehicle” is a
motor vehicle with motive power that is designed to carry 10 or fewer
persons and is constructed either on a truck chassis or with special
features for occasional off-road operation.
(5) Tinting material that has a lower light transmittance or
produces a lower total light transmittance than permitted in subsection
(2)(a) and (c) of this section may be applied to the side and rear
windows of a vehicle registered in the name of a person, or the person’s
legal guardian, if the person has an affidavit signed by a validly
licensed physician or optometrist stating that the person has a physical
condition requiring window tinting that produces a lower light
transmittance than allowed by this section. The affidavit required by
this subsection shall be kept in the vehicle and shall be shown to a
police officer who inquires about the tint.
(6) There are no light transmittance requirements for glazing
materials applied to AS-3 type windows.
(7) The following types of tinting material are not permitted:
(a) Mirror finish products.
(b) Red, gold, yellow, amber or black material.
(c) Tinting material that is in liquid preapplication form and is
brushed or sprayed on.
(8) Each person who installs window tinting material in compliance
with this section shall give the person who requested the installation a
certificate stating:
(a) The name and address of the person who installed the tint;
(b) The light transmittance of the tinting material;
(c) The light reflectance of the tinting material; and
(d) That the total light transmittance through each window with the
tinting material applied is not less than 35 percent.
(9) The certificate issued under subsection (8) of this section
shall be kept in the motor vehicle and shall be shown to a police officer
who inquires about the tint.
(10) Prohibitions and penalties related to the standards
established under this section are provided under ORS 815.222. [1995
c.263 §2; 2003 c.158 §8] (1) A person commits the
offense of illegal window tinting if the person applies window tinting
material that does not comply with ORS 815.221 or applies window tinting
material to a window of a motor vehicle that is not authorized by ORS
815.221 to be equipped with window tinting material.
(2) A person commits the offense of operating a vehicle with
illegal window tinting if the person operates a vehicle registered or
required to be registered in Oregon that is equipped with window tinting
material that is not in compliance with or authorized by ORS 815.221.
(3) Each offense described in this section is a Class B traffic
violation. [1995 c.263 §3](Horns, Sound Equipment)(1) A person commits the offense of violation of use limits on
sound equipment if the person does any of the following:
(a) Uses upon a vehicle, any bell, siren, compression or exhaust
whistle.
(b) Uses a horn otherwise than as a reasonable warning or makes any
unnecessary or unreasonably loud or harsh sound by means of a horn or
other warning device.
(2) Authorized emergency vehicles and ambulances are not subject to
this section but are subject to ORS 820.370 and 820.380.
(3) The offense described in this section, violation of use limits
on sound equipment, is a Class C traffic violation. [1983 c.338 §491](1) A person commits the offense of violation of vehicle sound
equipment requirements if the person drives or moves on any highway or
owns and causes or knowingly permits to be driven on any highway any
vehicle that violates any of the following equipment provisions:
(a) A motor vehicle must be equipped with a horn in good working
order, capable of emitting sounds audible under normal conditions from a
distance of not less than 200 feet.
(b) No vehicle shall be equipped with any bell, siren, compression
or exhaust whistle.
(2) This section is subject to the exemptions under this subsection
in addition to any exemptions under ORS 801.026. The exemptions under
this subsection are partial or complete as described in the following:
(a) Authorized emergency vehicles are subject to sound equipment
requirements and limitations as provided in ORS 820.370 and 820.380.
(b) Vehicles of special interest that are registered under ORS
805.020 are not subject to this section if the vehicles are:
(A) Equipped with original manufacturer’s equipment and
accessories, or their equivalent, and are maintained in safe operating
condition; or
(B) Street rods that conform to ORS 815.107.
(c) Bicycles are subject to requirements and limitations on sound
equipment as provided under ORS 815.280.
(d) Antique vehicles are not subject to the requirements if the
vehicles are maintained as collectors’ items and used for exhibitions,
parades, club activities and similar uses, but not used primarily for the
transportation of persons or property.
(e) The requirements do not apply to road machinery, road rollers
and farm tractors.
(f) Electric personal assistive mobility devices are subject to
requirements and limitations on sound equipment as provided under ORS
815.284.
(3) The offense described in this section, violation of vehicle
sound equipment requirements, is a Class C traffic violation. [1983 c.338
§492; 1985 c.16 §256; 1997 c.402 §14; 2003 c.341 §16](Sound System Amplification)
(1) A person commits the offense of causing unreasonable sound
amplification from a vehicle if the person operates, or permits the
operation of, any sound amplification system which is plainly audible
outside of a vehicle from 50 or more feet when the vehicle is on a public
highway or on premises open to the public, unless that system is being
operated to request assistance or warn of a hazardous situation.
(2) Subsection (1) of this section does not apply to:
(a) Vehicles being operated outside of an urban growth boundary;
(b) Emergency vehicles as defined in ORS 801.260;
(c) Vehicles operated by utilities defined under ORS 757.005,
758.505 or 759.005, or telecommunications carriers as defined in ORS
133.721;
(d) Sound systems of vehicles used for advertising, or in parades,
political or other special events, except that the use of sound systems
on those vehicles may be prohibited by a local authority by ordinance or
resolution;
(e) Audio alarm systems installed in vehicles; or
(f) Federal Communications Commission licensed two-way radio
communications systems.
(3) As used in subsection (1) of this section, “plainly audible”
means any sound for which the information content of that sound is
unambiguously communicated to the listener including, but not limited to,
understandable spoken speech, comprehension of whether a voice is raised
or normal or comprehensible musical rhythms or vocal sounds.
(4) The offense described in this section, causing unreasonable
sound amplification from a vehicle, is a Class D traffic violation. [1991
c.601 §3; 1995 c.383 §27; 1999 c.1093 §19]Note: 815.232 and 815.233 were added to and made a part of the
Oregon Vehicle Code by legislative action but were not added to ORS
chapter 815 or any series therein. See Preface to Oregon Revised Statutes
for further explanation. A
person otherwise convicted of a violation under ORS 815.232 (4) commits a
misdemeanor if:
(1) The person has been convicted of three or more violations of
ORS 815.232 (1) within 12 months immediately preceding the commission of
the offense; and
(2) The prior convictions are admitted by the defendant or alleged
in the accusatory pleading. [1991 c.601 §4; 1999 c.1051 §92]Note: See note under 815.232.(Mirrors) (1)
A person commits the offense of operation without a rearview mirror if
the person does any of the following:
(a) Drives or moves on any highway any motor vehicle that is not
equipped with a rearview mirror or device that meets the requirements
under this section.
(b) Owns a motor vehicle and causes or knowingly permits the
vehicle to be driven or moved on any highway when the vehicle is not
equipped with a rearview mirror or device that meets the requirements
under this section.
(2) A rearview mirror or device only meets 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 and under all conditions of
load as will enable the driver to see any other vehicle approaching from
not less than 200 feet in the rear on an unobstructed road.
(3) This section does not apply to the following vehicles:
(a) Vehicles of special interest that are registered under ORS
805.020 and that were not equipped with rearview mirrors when originally
manufactured.
(b) Road machinery, road rollers or farm tractors.
(c) Antique motor vehicles that are registered under ORS 805.010
and that were not equipped with rearview mirrors when originally
manufactured.
(4) The offense described in this section, operation without a
rearview mirror, is a Class C traffic violation. [1983 c.338 §493; 1985
c.69 §3](Image Display Devices)
(1) As used in this section, “image display device” means equipment
capable of displaying to the driver of a motor vehicle:
(a) A broadcast television image; or
(b) A visual image from a digital video disc or video cassette
player.
(2) Except as provided in subsection (3) of this section, a person
commits the offense of unlawful use of an image display device if the
person drives or moves on any highway, or owns and causes or knowingly
permits to be driven or moved on any highway, any motor vehicle equipped
with any image display device that is displaying a broadcast television
image or a visual image from a digital video disc or video cassette
player that is visible to the driver while operating the motor vehicle.
(3) Subsection (2) of this section does not apply to:
(a) Emergency vehicles; or
(b) Use of image display devices that are displaying images for
navigational purposes.
(4) The offense described in this section, unlawful use of an image
display device, is a Class B traffic violation. [1983 c.338 §494; 1985
c.69 §4; 2005 c.572 §1](Clearance)(1) A person commits the offense of violation of
minimum clearance requirements for passenger vehicles if the person
drives or moves on any highway or owns and causes or knowingly permits to
be driven or moved on any highway any passenger motor vehicle that does
not have the clearance from the surface of the roadway required by this
section.
(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
than the wheels, has less clearance from the 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 roadway.
(3) The offense described in this section, violation of minimum
clearance requirements for passenger vehicles, is a Class B traffic
violation. [1983 c.338 §495](Exhaust System)(1) A person commits the offense of operation without proper
exhaust system if the person drives or moves on any highway or owns and
causes or knowingly permits to be driven or moved on any highway a motor
vehicle that is not equipped with an exhaust system that meets the
requirements under this section.
(2) An exhaust system only meets the requirements of this section
if all of the following apply:
(a) The exhaust system must be in good working order.
(b) The exhaust system must be in constant operation.
(c) The exhaust system must meet noise emission standards
determined by the Department of Environmental Quality to be substantially
equivalent to the following standards based upon a stationary test
conducted at a distance of 25 feet in accordance with procedures
established by the Department of Environmental Quality:
___________________________________________________________________________
___ Maximum
level,
Model,
Vehicle type dBA Year
I. Motor vehicles
required to
establish a
registration
weight under
ORS 803.430
and commercial
buses 94................... before
1976
91...................
1976 and
afterII. Motorcycles and
mopeds 94................... before
1976
91................... 1976
89...................
after 1976III. Motor vehicles
not described
under I or II 92................... before
1976
88...................
1976 and
after
___________________________________________________________________________
___ (3) This section does not apply to the following vehicles:
(a) Vehicles of special interest that are registered under ORS
805.020 and that are:
(A) Equipped with original manufacturer’s equipment and
accessories, or their equivalent, and that are maintained in safe
operating condition; or
(B) Street rods that conform to ORS 815.107.
(b) Road machinery, road rollers or farm tractors.
(c) Antique motor vehicles that are maintained as collectors’ items
and used for exhibitions, parades, club activities and similar uses, but
not used primarily for the transportation of persons or property.
(4) The court in its discretion may dismiss a citation issued for
violation of the offense described in this section if evidence is
presented that the exhaust system complies with or has been repaired or
modified to comply with the requirements under this section.
(5) The offense described in this section, operation without proper
exhaust system, is a Class C traffic violation. [1983 c.338 §496; 1985
c.16 §257; 1985 c.393 §23; 1997 c.402 §15](Speedometer)(1) A person commits the offense of operation of a
vehicle for hire without a speedometer if the person drives or moves on
any highway or owns and causes or knowingly permits to be driven or moved
on any highway a motor vehicle used for carrying passengers for hire that
is not equipped with a speedometer or other registering device capable of
registering accurately the speed at which the vehicle is operated.
(2) This section is subject to the following exemptions in addition
to any exemptions under ORS 801.026.
(a) A motor vehicle equipped with a governor or other regulating
device to control its speed within the limits specified by law is not
required to be equipped as this section specifies.
(b) Vehicles of special interest that are registered under ORS
805.020 are deemed in compliance with the requirements of this section if:
(A) The vehicles are equipped with original manufacturer’s
equipment and accessories, or their equivalent, and maintained in safe
operating condition; or
(B) The vehicles are street rods that conform to ORS 815.107.
(c) Antique motor vehicles are exempt from the requirements of this
section if the vehicles are maintained as collector’s items and used for
exhibitions, parades, club activities and similar uses, but not used
primarily for the transportation of persons or property.
(3) The offense described in this section, operation of vehicle for
hire without speedometer, is a Class C traffic violation. [1983 c.338
§497; 1985 c.393 §24; 1997 c.402 §16](Disposal System)(1) A person commits the offense of operation
of a recreational vehicle with unsealed disposal system if:
(a) The person has the use, possession or control of any vehicle or
structure constructed for movement on highways;
(b) The vehicle or structure is equipped with a plumbing, sink or
toilet fixture; and
(c) The disposal system for the vehicle or structure is unsealed or
uncapped while the vehicle or structure is in any way or place of
whatever nature open to the use of the public.
(2) For purposes of this section, a way or place open to the use of
the public includes, but is not limited to, highways, roads, streets,
alleys, lanes, trails, beaches, parks and recreational use areas owned or
operated by the state, a county or local municipality for use by the
general public.
(3) This section does not apply to disposal systems being
discharged into or connected with a sewage disposal system approved by
the Department of Human Services.
(4) The offense described in this section, operation of a
recreational vehicle with unsealed disposal system, is a Class C traffic
violation. [1983 c.338 §498; 1985 c.16 §258; 1985 c.393 §25](Loads)(1) A person commits the offense of operating a vehicle
that is loaded or equipped to obstruct the driver if the person is
operating a vehicle that is loaded or equipped or where baggage or an
encumbrance does any of the following:
(a) Substantially obstructs the driver’s views to the rear, through
one or more mirrors and otherwise.
(b) Obstructs the driver’s view to the front or sides.
(c) Interferes with control of the driving mechanism.
(d) Prevents the free, unhampered operation of the vehicle by the
driver.
(2) The offense described in this section, vehicle loaded or
equipped to obstruct driver, is a Class C traffic violation. [1983 c.338
§500; 1985 c.16 §259](1) A person commits the offense of failure to mark
the end of a load with a light or flag when required if the person drives
or moves on any highway or owns and causes or knowingly permits to be
driven or moved on any highway any vehicle with a load that extends to
the rear four feet or more beyond the bed or body of the vehicle and the
person fails to:
(a) Place end load lights described under ORS 816.290 at the
extreme rear end of the load, in addition to any other rear light
required upon every vehicle, at times when limited visibility conditions
exist; or
(b) At any other time, display at the extreme rear end of the load
a red flag or cloth not less than 12 inches square.
(2) The offense described in this section, failure to mark end of
load with light or flag when required, is a Class C traffic violation.
[1983 c.338 §501](Bicycles) (1) A
person commits the offense of violation of bicycle equipment requirements
if the person does any of the following:
(a) Operates on any highway a bicycle in violation of the
requirements of this section.
(b) Is the parent or guardian of a minor child or ward and
authorizes or knowingly permits the child or ward to operate a bicycle on
any highway in violation of the requirements of this section.
(2) A bicycle is operated in violation of the requirements of this
section if any of the following requirements are violated:
(a) A bicycle must be equipped with a brake that enables the
operator to make the braked wheels skid on dry, level, clean pavement.
(b) A person shall not install or use any siren or whistle upon a
bicycle.
(c) At the times described in the following, a bicycle or its rider
must be equipped with lighting equipment that meets the described
requirements:
(A) The lighting equipment must be used during limited visibility
conditions.
(B) The lighting equipment must show a white light visible from a
distance of at least 500 feet to the front of the bicycle.
(C) The lighting equipment must have a red reflector or lighting
device or material of such size or characteristic and so mounted as to be
visible from all distances up to 600 feet to the rear when directly in
front of lawful lower beams of headlights on a motor vehicle.
(3) Nothing contained in this section shall be construed to
prohibit the use of additional parts and accessories on any bicycle
consistent with this section.
(4) This section does not apply to electric personal assistive
mobility devices. Equipment requirements for electric personal assistive
mobility devices are provided in ORS 815.284.
(5) The offense described in this section, violation of bicycle
equipment requirements, is a Class D traffic violation. [1983 c.338 §502;
1985 c.16 §260; 1985 c.69 §5; 2003 c.158 §15; 2003 c.341 §17](1) A
person commits the offense of selling noncomplying bicycle equipment if
the person sells or offers for sale any bicycle headgear that does not
meet the standards established by the Department of Transportation under
ORS 815.052.
(2) A person commits the offense of unlawfully renting or leasing a
bicycle to another if the person:
(a) Is in the business of renting or leasing bicycles; and
(b) Does not have bicycle headgear approved under ORS 815.052
available for rental for use by persons under 16 years of age.
(3) The offenses described in this section are Class D traffic
violations. [1993 c.408 §5; 2003 c.158 §16](Motorized Wheelchairs)(1) A person commits the offense of operating
a motorized wheelchair on a bicycle lane or path without proper lighting
equipment if the person operates a motorized wheelchair on a bicycle lane
or path and the person is not equipped with lighting equipment required
of bicyclists under ORS 815.280.
(2) This section applies at the times described in ORS 815.280 for
application of the lighting requirements of that section to bicyclists.
(3) The offense described in this section, operating a motorized
wheelchair on a bicycle lane or path without proper lighting equipment,
is a Class D traffic violation. [1991 c.417 §3b](Motor Assisted Scooters)(1) A person commits the offense of violation of motor assisted
scooter equipment requirements if the person:
(a) Is the parent, legal guardian or person with legal
responsibility for the safety and welfare of a child under 16 years of
age and authorizes or knowingly permits the child to operate a motor
assisted scooter on any highway in violation of the requirements of this
section; or
(b) Operates a motor assisted scooter on any highway during times
of limited visibility conditions and the motor assisted scooter is not
equipped with, or the person does not use, lighting equipment that meets
the following requirements:
(A) If the motor assisted scooter is equipped with lighting
equipment:
(i) The lighting equipment must include a white light visible from
a distance of at least 300 feet to the front and sides of the motor
assisted scooter;
(ii) The lighting equipment must have a red reflector or lighting
device, or material of such size or characteristic, mounted to be visible
from all distances up to 500 feet to the rear when directly in front of
lawful lower beams of headlights on a motor vehicle; and
(iii) The lighting equipment must have a white or yellow reflector
or lighting device, or material of such size or characteristic, mounted
to be visible from all distances up to 200 feet to the front of the motor
assisted scooter.
(B) If the motor assisted scooter is not equipped with lighting
equipment, the operator of the motor assisted scooter must wear:
(i) A white light mounted to be visible from all distances up to
300 feet to the front and sides of the motor assisted scooter;
(ii) A red reflector or lighting device, or material of such size
or characteristic, mounted to be visible from all distances up to 500
feet to the rear when directly in front of lawful lower beams of
headlights on a motor vehicle; and
(iii) A white or yellow reflector or lighting device, or material
of such size or characteristic, mounted to be visible from all distances
up to 200 feet to the front of the motor assisted scooter.
(2) Nothing in this section prohibits the use of additional parts
and accessories on any motor assisted scooter not inconsistent with this
section.
(3) The offense described in this section, violation of motor
assisted scooter equipment requirements, is a Class D traffic violation.
[2001 c.749 §19](Electric Personal Assistive Mobility Devices)(1) A person commits the offense of
violation of electric personal assistive mobility device equipment
requirements if the person:
(a) Operates an electric personal assistive mobility device during
times of limited visibility conditions and the electric personal
assistive mobility device or the operator is not equipped with and using
the following:
(A) A white light visible from a distance of at least 500 feet to
the front and sides of the electric personal assistive mobility device;
and
(B) A red reflector, lighting device or material of such size or
characteristic as to be visible from all distances up to 600 feet to the
rear when the electric personal assistive mobility device is directly in
front of lawful lower beams of headlights on a motor vehicle; or
(b) Installs or uses any siren or whistle upon an electric personal
assistive mobility device.
(2) Nothing in this section prohibits the use of additional parts
and accessories not inconsistent with this section.
(3) The offense described in this section, violation of electric
personal assistive mobility device equipment requirements, is a Class D
traffic violation. [2003 c.341 §10](Warning Devices)(1) A person commits the offense of failure to carry
roadside vehicle warning devices if:
(a) The person drives or moves on any highway or owns and causes or
knowingly permits to be driven or moved on any highway any vehicle
subject to the requirements to use roadside vehicle warning devices under
ORS 811.530; and
(b) The vehicle does not carry such roadside vehicle warning
devices as the Department of Transportation may require under ORS 815.035.
(2) This section does not apply to any of the following:
(a) Vehicles that are not subject to the requirements to use
roadside vehicle warning devices under ORS 811.530.
(b) At any time between sunrise and sunset.
(c) To any vehicles operated within a business district or
residence district.
(3) The offense described in this section, failure to carry
roadside vehicle warning devices, is a Class C traffic violation. [1983
c.338 §503; 1985 c.16 §261; 1985 c.393 §26](Implements of Husbandry) (1) In addition to
any other specific exemptions provided for implements of husbandry,
implements of husbandry are exempt from any requirements under the
following:
(a) ORS 815.075 and 815.100, relating to state requirements for
vehicle equipment.
(b) ORS 811.515, 811.520, 816.040 to 816.290, 816.320, 816.330,
816.350 and 816.360, relating to requirements for and use of lighting
equipment.
(c) ORS 815.125 and 815.130, relating to brake requirements.
(d) ORS 815.180 and 815.185, relating to fender and mudguard
requirements and use.
(e) ORS 815.210, relating to material in windshields.
(f) ORS 815.215, relating to requirements for windshield wipers.
(g) ORS 815.230, relating to vehicle sound equipment.
(h) ORS 815.235, relating to rearview mirrors.
(i) ORS 815.240, relating to image display devices in vehicles.
Limitations on the use of image display devices in implements of
husbandry are provided in ORS 820.400.
(j) ORS 815.250, relating to vehicle exhaust and exhaust equipment.
(2) This section does not exempt implements of husbandry from the
requirements for equipment and operation under ORS 820.400. [1983 c.338
§778; 1985 c.16 §375; 1985 c.69 §6; 2005 c.572 §2](Pollution Control Equipment)(1) A person commits the offense of failure to be
equipped with required pollution control equipment if the person operates
a motor vehicle upon a highway or leaves a motor vehicle standing upon a
highway and the vehicle is not equipped with a motor vehicle pollution
control system, as defined under ORS 468A.350, that is in compliance with
motor vehicle pollutant, noise control and emission standards adopted by
the Environmental Quality Commission under ORS 468A.360.
(2) A person shall not be found in violation of this section if
proof of compliance has been issued for the vehicle in compliance with
ORS 815.310. Whenever proof of compliance is revoked, suspended or
restricted because a certified system, as defined in ORS 468A.350, or
factory-installed system, as defined in ORS 468A.350, has been found to
be unsafe in actual use or is otherwise mechanically defective, the
defect must be corrected or the system must be brought into compliance
with the rules of the commission within 30 days after such finding.
(3) Exemptions to this section are established under ORS 815.300.
In addition to such exemptions, the following exemptions to this section
are established:
(a) If the Environmental Quality Commission adopts a rule under ORS
468A.360 requiring certified or factory-installed systems on motor
vehicles registered in designated counties, such vehicles are not
required to be in compliance with such rules until after the date of
registration, reregistration or renewal of the vehicle immediately
subsequent to the effective date of the rule.
(b) Implements of husbandry, road machinery, road rollers and farm
tractors are exempt from this section.
(c) Antique vehicles maintained as collectors’ items and used for
exhibitions, parades, club activities and similar uses, but not used
primarily for the transportation of persons or property, are exempt from
this section.
(4) The offense described in this section, failure to be equipped
with required pollution control equipment, is a Class C traffic
violation. [1983 c.338 §504; 1985 c.16 §262; 1985 c.393 §27; 1989 c.22
§3; 1995 c.383 §28]This section establishes exemptions from the requirements
under ORS 815.295 to be equipped with a certified pollution control
system. Exemptions established by this section are in addition to any
exemptions established by ORS 801.026. The exemptions established in this
section are also applicable to requirements for certification of
pollution control equipment before registration under ORS 803.350 and
803.465. All of the following vehicles are exempt from the requirements
under ORS 815.295:
(1) Any vehicle that is not a motor vehicle.
(2) Any vehicle unless the vehicle is registered within:
(a) The boundaries of the metropolitan service district formed
under ORS chapter 268 for the metropolitan area, as defined in ORS
268.020, which includes the City of Portland, Oregon.
(b) Boundaries designated by the Environmental Quality Commission
under ORS 468A.390.
(3) Any new motor vehicle or new motor vehicle engine when the
registration results from the initial retail sale thereof.
(4) Any motor vehicle:
(a) Not registered in areas designated under subsection (2)(a) of
this section, including any expansion of such boundary under subsection
(2)(b) of this section, with a model year that predates by more than 20
years the year in which registration or renewal of registration is
required; or
(b) Registered in areas designated under subsection (2)(a) of this
section, including any expansion of such boundary under subsection (2)(b)
of this section, with a model year of 1974 or earlier.
(5) Motor vehicles that are registered as farm vehicles under ORS
805.300 or apportioned farm vehicles under ORS 805.300.
(6) Special interest vehicles that are maintained as collectors’
items and used for exhibitions, parades, club activities and similar uses
but not used primarily for the transportation of persons or property.
(7) Fixed load vehicles.
(8) Vehicles that are proportionally registered under ORS 826.009
and 826.011 in accordance with agreements established under ORS 826.007.
(9) Electric motor vehicles. This subsection does not exempt hybrid
motor vehicles that use electricity and another source of motive power.
(10) First response rescue units operated by political subdivisions
of this state that are not used to transport persons suffering from
illness, injury or disability.
(11) A vehicle that is currently registered in Oregon at the time
application for new registration is received by the Department of
Transportation if the new registration is a result of a change in the
registration or plate type and the application is received at least four
months prior to the expiration of the existing registration.
(12) Golf carts.
(13) Any Class I, Class II or Class III all-terrain vehicle.
(14) An original equipment manufacturer vehicle that is engineered,
designed, produced and warranted to use natural gas as its only fuel
source. [1983 c.338 §505; 1985 c.16 §263; 1985 c.222 §5; 1987 c.349 §7;
1989 c.43 §35; 1991 c.15 §6; 1991 c.383 §4; 1993 c.791 §5; 1997 c.418 §1;
2001 c.293 §10](1) A person commits the offense of unlawful disconnection or
alteration of pollution control equipment if the person does any of the
following:
(a) Disconnects or permits to be disconnected a factory installed
motor vehicle air pollution control device or a factory-installed system,
as defined in ORS 468A.350, or knowingly and willfully permits such
device or factory-installed system to become or remain inoperative.
(b) Modifies or alters a certified system or factory-installed
system, as defined in ORS 468A.350, in a manner that decreases its
efficiency or effectiveness in the control of air pollution.
(2) The following exemptions to this section are established:
(a) This section does not apply when factory-installed motor
vehicle air pollution control equipment, systems or devices are
disconnected for the purpose of conversion to gaseous fuels including,
but not limited to, liquefied petroleum gases and natural gases in
liquefied or gaseous form.
(b) This section is not intended to prohibit the use of
replacement, conversion, turbocharger or other alternative components in
a certified or factory-installed system if the components do not
significantly affect the efficiency or effectiveness of the system in
controlling air pollution.
(3) The offense described in this section, unlawful disconnection
or alteration of pollution control equipment, is a Class A misdemeanor,
but each day of violation does not constitute a separate offense. [1983
c.338 §506] When proof of
compliance with pollution control equipment requirements is required
under ORS 803.350, 803.465 and 815.295 the following apply:
(1) The proof may be provided by any means that the Department of
Transportation and the Environmental Quality Commission determine by
joint rulemaking or by interagency agreement to be satisfactory.
(2) Except as otherwise provided in this section, when a
certificate of compliance is used as proof, the certificate must comply
with all the following:
(a) It must be signed by a person licensed and qualified under ORS
468A.380.
(b) It must be dated not more than 180 days prior to the motor
vehicle registration or renewal of registration.
(c) It must be on a form supplied by the Department of
Environmental Quality and must include such information as the department
may require.
(3) In order for registration to continue to be valid for a motor
vehicle that is registered as a government-owned vehicle under ORS
805.040, a police undercover vehicle under ORS 805.060 or a state-owned
vehicle with regular registration plates under ORS 805.045, the vehicle
must be certified as frequently as a privately owned vehicle of the same
registration type is required to be certified. For purposes of this
subsection, the registration type of a privately owned vehicle is
determined by the registration period for the vehicle under ORS 803.415.
For local government vehicles, the proof of certification may be provided
through self-testing facilities provided by local governmental agencies.
Local governmental agencies providing self-testing facilities may not be
charged a fee in connection with provision of the required proof.
However, a reasonable fee covering department expenses in administering
such self-testing programs may be charged. [1983 c.338 §215; 1985 c.16
§82; 1987 c.440 §6; 1989 c.22 §4; 1995 c.183 §1; 2003 c.61 §1; 2005 c.51
§1](1) A person commits the offense of use of improper certificate
for pollution control system if the person makes, issues or knowingly
uses any imitation or counterfeit of a certificate of compliance
described under ORS 815.310.
(2) The offense described in this section, use of improper
certificate for pollution control system, is a Class B traffic violation,
but each day of violation does not constitute a separate offense. [1983
c.338 §216; 1995 c.383 §92](1) A person commits the offense of unlawful
certification of compliance with pollution control requirements if the
person does any of the following:
(a) Falsely certifies that a motor vehicle is equipped with a
functioning certified system, as defined in ORS 468A.350, or that the
motor vehicle complies with the rules and standards adopted by the
Environmental Quality Commission under ORS 468A.360.
(b) Falsifies any information on the certificate of compliance
described under ORS 815.310.
(c) With a purpose to defraud or with intent, causes registration
of a motor vehicle that would not otherwise be eligible for registration
because of its failure to comply with rules and standards adopted by the
Environmental Quality Commission under ORS 468A.360.
(2) The offense described in this section, unlawful certification
of compliance with pollution control requirements, is a Class A
misdemeanor, but each day of violation does not constitute a separate
offense. [1983 c.338 §217](1) A person commits the
offense of unlawfully requiring repair for certification with pollution
control requirements if the person requires as a condition of the
issuance of a certification of compliance described under ORS 815.310 any
repairs or services unnecessary for compliance with rules or standards
adopted under ORS 468A.350, 468A.355, 468A.365 and 468A.385.
(2) The offense described in this section, unlawfully requiring
repair for certification of compliance with pollution control
requirements, is a Class A misdemeanor, but each day of violation does
not constitute a separate offense. [1983 c.338 §218](Odometer Offenses) (1)
The Department of Transportation may establish a program of reviewing
department records and odometer disclosure statements to determine
vehicles that may have incorrect odometer disclosures or on which the
odometer may have been altered. The program may include any procedures
the department determines appropriate including, but not limited to, the
comparison of odometer disclosures for individual vehicles with
statistical information on statistically average mileage for vehicles
within a certain period of time.
(2) If the department determines under this section that it is
likely that a vehicle or vehicles have incorrect odometer disclosures or
have odometers that have been illegally altered, the department may do
any of the following:
(a) Report the findings of the department to the owners or
purchasers of the vehicles.
(b) Report the findings of the department to enforcement officials
charged with enforcing laws relating to odometers, including, but not
limited to, police officials, district attorneys or the Attorney
General’s office. [1985 c.251 §9; 1991 c.873 §18](1) A person commits the offense of illegal odometer
tampering if the person does any of the following:
(a) Advertises for sale, sells, uses or installs on any part of a
motor vehicle or on any odometer in a motor vehicle any device which
causes the odometer to register any mileage other than the true mileage
driven. For the purposes of this paragraph the true mileage driven is
that mileage driven by the vehicle as registered by the odometer within
the manufacturer’s designed tolerance.
(b) With the intent to defraud, operates a motor vehicle on any
street or highway knowing that the odometer of such vehicle is
disconnected or nonfunctional.
(c) Replaces, disconnects, turns back or resets the odometer of any
motor vehicle with the intent to reduce the number of miles indicated on
the odometer gauge.
(2) This section does not apply to a person who is servicing,
repairing or replacing an odometer in compliance with ORS 815.415.
(3) The owner or subsequent purchaser of a vehicle may bring an
action in an appropriate court of this state against any person who
violates this section and may recover from the person an amount of $1,500
or treble the actual damage caused by the violation. Only a single
recovery is permitted under this subsection for any single violation of
this section. The court may award reasonable attorney fees to the
prevailing party in an action under this subsection.
(4) The offense described in this section, illegal odometer
tampering, is a Class C felony. [Formerly 646.860; 1995 c.618 §137]
(1) A person commits the offense of unlawful repair of an odometer if the
person services, repairs or replaces the odometer on any vehicle and the
person does not comply with all of the following:
(a) Whenever possible, the person shall perform the work on the
odometer without changing the mileage reading from that shown on the
odometer before the work is performed.
(b) If it is not possible to perform the work without changing the
mileage reading, the person must do all of the following:
(A) Adjust the odometer reading to zero.
(B) Place a notice on the left door frame of the vehicle specifying
the mileage reading prior to the work and the date the work was
performed. A notice required under this subparagraph must be in writing
and must be in a form established by the Department of Transportation by
rule.
(C) Make an odometer disclosure in a form required by the
department by rule and submit the disclosure to the department within 10
days of completing the work.
(2) The owner or any subsequent purchaser of a vehicle may bring an
action in an appropriate court of this state against any person who
violates this section and may recover from the person an amount of $500
or twice the actual damages caused by the violation, whichever is
greater. Only a single recovery is permitted under this subsection for
any single violation of this section. The court may award reasonable
attorney fees to the prevailing party in an action under this section.
(3) A person is not subject to the requirements for work performed
on vehicles that are exempt from odometer disclosure requirements under
ORS 803.102.
(4) The offense described in this section, unlawful repair of an
odometer, is a Class C misdemeanor. [1985 c.251 §4; 1991 c.873 §19; 1995
c.618 §138] (1) A
person commits the offense of unlawfully removing an odometer repair
notice if the person removes any notice showing service, repair or
replacement of an odometer with the mileage reading and the date of the
work that has been placed on a vehicle in compliance with ORS 815.415.
(2) The offense described in this section, unlawfully removing an
odometer repair notice, is a Class C misdemeanor. [1985 c.251 §5] (1) A
person commits the offense of failure to submit an odometer disclosure if
the person is required by ORS 803.102, 803.370, 805.120 or 815.415 to
submit an odometer disclosure and the person fails to submit the required
odometer disclosure.
(2) The offense described in this section, failure to submit an
odometer disclosure, is a Class C misdemeanor. [1985 c.251 §6; 1989 c.148
§18; 1991 c.67 §223; 1991 c.873 §20; 1993 c.751 §108] (1) A person
commits the offense of submitting a false odometer disclosure if the
person knowingly makes any false statement or provides any false
information on an odometer disclosure form.
(2) The offense described in this section, submitting a false
odometer disclosure, is a Class C felony. [1985 c.251 §7; 1991 c.873 §21](Traffic Control Signal Operating Devices)(1) A person commits
the offense of unauthorized possession, use or distribution of a traffic
control signal operating device if the person owns, uses, sells or
otherwise distributes a device that is designed to control a traffic
control light as a person using the device approaches the light.
(2) This section does not apply to persons operating traffic
control signal operating devices as authorized by ORS 815.445.
(3) For purposes of ORS 133.555, a traffic control signal operating
device is contraband if it is used by a person who is not authorized as
provided in ORS 815.445 to use the device.
(4) The offense described in this section, unauthorized possession,
use or distribution of a traffic control signal operating device, is a
Class C misdemeanor. [1993 c.314 §14; 1993 c.522 §5; 1997 c.507 §1](1) The owner of a traffic control signal may authorize use of a
traffic control signal operating device by the following persons for the
following purposes:
(a) An authorized operator in an emergency vehicle, in order to
improve the safety and efficiency of emergency response operations.
(b) An authorized operator in a bus, in order to interrupt the
cycle of the traffic control signal in such a way as to keep the green
light showing for longer than it otherwise would. As used in this
paragraph, “bus” has the meaning given that term in ORS 184.675.
(c) An authorized operator in a traffic signal maintenance vehicle,
in order to facilitate traffic signal maintenance activities.
(2) The owner of a traffic control signal who authorizes additional
uses of a traffic control signal operating device, as authorized by this
section, shall allocate the incremental costs, if any, of such additional
uses to the additional users.
(3) A traffic control signal operating device used by an authorized
person in an emergency vehicle shall preempt and override a device
operated by any other person.
(4) A traffic control signal operating device used as authorized
under this section must operate in such a way that the device does not
continue to control the signal once the vehicle containing the device has
arrived at the intersection, regardless of whether the vehicle remains at
the intersection. [1997 c.507 §3]
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