USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 820 Special Provisions for Certain Vehicles
(1) A motor vehicle
is subject to safety regulation under ORS 820.030 to 820.070, if the
vehicle is furnished by an employer and is used to transport one or more
workers to and from their places of employment. All of the following
apply to this subsection:
(a) The employer must be an individual who employs or uses two or
more workers.
(b) The workers employed or transported may be any individuals who
are employed for any period in any work for which the workers are
compensated, whether full- or part-time.
(c) The place of employment to and from which the vehicle is used
to transport workers must be a location where one or more workers are
actually performing the labor incident to their employment.
(d) Vehicles may include passenger automobiles and station wagons
operated by or on behalf of employers.
(2) If vehicles described in this section are worker transport
buses, the vehicles may be subject to additional regulation for the use
of bus safety lights under ORS 811.520 and 816.300 in addition to safety
measures under ORS 811.155.
(3) The Department of Consumer and Business Services has concurrent
jurisdiction with the Department of Transportation in the adoption, under
ORS 820.030, of rules relating to vehicles described in this section and
in the enforcement of those rules under ORS 820.040 and 820.050 as
applied to vehicles described in this section.
(4) Vehicles described in this section are in addition to any
vehicles subjected to regulation under ORS 820.020. [1983 c.338 §738;
1985 c.16 §355]Vehicles described in this section are
subject to safety regulation under ORS 820.030 to 820.070 in addition to
worker transport vehicles subjected to such regulation under ORS 820.010.
This section applies to every motor vehicle that is exempt from ORS
chapter 825 by ORS 825.017 (9). [1983 c.338 §739; 1989 c.992 §23]The Department of Transportation shall make and
enforce reasonable rules relating to vehicles described under ORS 820.010
and 820.020. Authority for enforcement of the rules is established under
ORS 820.040 to 820.070. The rules shall be embodied in a safety code and
the safety code is subject to all of the following:
(1) The safety code shall establish minimum standards for all of
the following aspects of the safety and operation of vehicles described
under ORS 820.010 and 820.020:
(a) For the construction and mechanical equipment of a motor
vehicle, including its coupling devices, lighting devices and reflectors,
motor exhaust system, rear-vision mirrors, service and parking brakes,
steering mechanism, tires, warning and signaling devices and windshield
wipers.
(b) For the operation of a motor vehicle, including driving rules,
loading and carrying freight and passengers, maximum daily hours of
service by drivers, minimum age and skill of drivers, physical condition
of drivers, refueling, road warning devices and the transportation of
gasoline and explosives.
(c) For the safety of passengers in a motor vehicle, including
emergency exits, fire extinguishers, first aid kits, means of ingress and
egress, side walls, and a tailgate or other means of retaining freight
and passengers within the motor vehicle.
(2) Before formulating a draft of the safety code, the department
shall invite the participation of interested state agencies and
representative business, farm, labor and safety organizations. These
groups may make suggestions relating to the minimum standards to be
embodied in the safety code. The department shall consider the
suggestions and prepare a tentative draft of the safety code.
(3) The following apply to hearings on a tentative draft under this
section:
(a) Upon the fixing of dates and places for hearings to consider
the tentative draft, the department:
(A) Shall cause notices of the hearings to be published in one or
more daily newspapers of general circulation published and circulated in
the City of Portland and in such other newspapers of general circulation
in this state as will give wide notices of the hearings; and
(B) Shall cause copies of the tentative draft to be widely
distributed among representative business, farm, labor and safety
organizations and among interested individuals.
(b) Any individuals or groups may participate in the hearings, and
submit their comments and suggestions relating to the minimum standards
embodied in the tentative draft.
(4) Notice of the adoption and issuance of the safety code shall be
given in the same manner as notices of the hearings.
(5) The department shall cause copies of the safety code and
amendments thereto to be widely distributed among interested state
agencies, among representative business, farm, labor and safety
organizations and among interested individuals.
(6) The department may amend the safety code at any time upon its
own motion or upon complaint by any individual or group, in the same
manner as the safety code was prepared, adopted and distributed under
this section.
(7) No defect or inaccuracy in a notice or in the publication
thereof shall invalidate the safety code or any amendment thereto adopted
and issued by the department. [1983 c.338 §740; 1985 c.16 §356] (1) The Department of
Transportation, in enforcing the safety code established under ORS
820.030, may inspect any vehicle that is described under ORS 820.010 or
820.020.
(2) Upon request, the Superintendent of State Police shall assist
the department in these inspections. [1983 c.338 §741] (1)
Whenever the Department of Transportation finds that a vehicle described
under ORS 820.010 or 820.020 violates any provision of the safety code
adopted under ORS 820.030 or an amendment thereto, the department shall
make, enter and serve upon the owner of the vehicle any order necessary
to protect the safety of persons transported in the vehicle.
(2) The department may direct in an order, as a condition to the
continued use of the motor vehicle for authorized purposes, that such
additions, repairs, improvements or changes be made and such safety
devices and safeguards be furnished and used as are reasonably required
to satisfy the requirements of the safety code, in the manner and within
the time specified in the order.
(3) The department may also issue to the owner of the vehicle an
order to require that any driver of the motor vehicle satisfy the minimum
standards for a driver under the safety code established under ORS
820.030.
(4) Any person aggrieved by an order of the department under this
section may appeal under the provisions of ORS 183.480.
(5) Violation of an order issued under this section is subject to
penalty as provided under ORS 820.060. [1983 c.338 §742](1) The following vehicles shall be
maintained in a safe condition and operated in a safe manner at all times:
(a) Vehicles described in ORS 820.010. This paragraph applies
whether or not the vehicle is used upon a public highway.
(b) Vehicles described in ORS 820.020.
(2) A person commits the offense of owner violation of the worker
transport vehicle safety code if the person is the owner of a vehicle
described under ORS 820.010 or 820.020 and the person does any of the
following:
(a) Violates or willfully fails to comply with an order issued
under ORS 820.050.
(b) Violates any provision of the safety code established under ORS
820.030, or any amendment thereto.
(3) The offense described in this section, owner violation of
worker transport vehicle safety code, is a Class B traffic violation.
[1983 c.338 §743; 1985 c.393 §50](1) A person commits the offense of driver violation of worker
transport vehicle safety code if the person, at any time, operates a
vehicle described under ORS 820.010 or 820.020 in a manner that violates
any provision of the safety code established under ORS 820.030 or any
amendment thereto.
(2) The offense described in this section, driver violation of
worker transport vehicle safety code, is a Class B traffic violation.
[1983 c.338 §744; 1985 c.393 §51]SCHOOL VEHICLES(1) The State Board of Education shall adopt
and enforce such reasonable standards relating to school bus and school
activity vehicle construction and school bus and school activity vehicle
equipment as the board deems necessary for safe and economical operation.
(2) The State Board of Higher Education may adopt and enforce
separate rules of the type described under this section for school buses
and school activity vehicles that are under its jurisdiction.
(3) The State Board of Education shall adopt and enforce standards
for school bus stop arms authorized by ORS 820.105.
(4) Rules adopted under this section:
(a) Must be consistent with requirements established by statute or
by rule adopted under statutory authority that relate to the same subject.
(b) Shall be consistent with minimum uniform national standards, if
such standards exist.
(c) May include different requirements for different classes or
types of school buses or school activity vehicles.
(d) May include any exemptions determined appropriate under ORS
820.150. [1983 c.338 §747; 1985 c.16 §358; 1985 c.420 §12; 1987 c.654 §6;
1989 c.491 §71] Notwithstanding any other provision
of law, school buses may be equipped with an octagonal shaped mechanical
stop arm that indicates when the bus is stopped to load or unload
passengers on a roadway. The stop arms authorized by this section shall
be equipped with two alternately flashing red bus safety lights showing
both to the front and rear of the bus. [1987 c.654 §5]Note: 820.105 was added to and made a part of ORS chapter 820 but
was not added to any smaller series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.(1) The State Board of Education shall adopt and enforce rules
to establish requirements of operation, qualifications or special
training of drivers and special accident reports for school buses and
school activity vehicles.
(2) The State Board of Higher Education may adopt and enforce
separate rules of the type described under this section for school buses
and school activity vehicles that are under its jurisdiction.
(3) The rules adopted under this section:
(a) Are subject to ORS 820.190 and 820.200 and to any other statute
or regulation relating to the operation of vehicles, qualifications of
drivers and accident reports.
(b) Must be consistent with requirements established by statute or
by rule adopted under statutory authority that relate to the same subject.
(c) May include different requirements for different classes or
types of school buses or school activity vehicles.
(d) May include any exemptions determined appropriate under ORS
820.150. [1983 c.338 §748; 1985 c.16 §359; 1985 c.420 §13; 1989 c.491 §72] (1) The State Board of
Education shall adopt and enforce rules to provide for the inspection of
school buses and school activity vehicles to assure that the vehicles are
in compliance with requirements under rules established under ORS 820.100
and 820.110, as applicable, and that the vehicles are safe for operation.
The rules may include intervals of inspections.
(2) The State Board of Higher Education may adopt and enforce
separate rules of the type described under this section for school buses
and school activity vehicles that are under its jurisdiction.
(3) The rules adopted under this section:
(a) Are subject to any other statute or regulation relating to the
safety of vehicles for operation and the inspection of vehicles.
(b) May include different requirements for different classes or
types of school buses or school activity vehicles.
(c) May include any exemptions determined appropriate under ORS
820.150. [1983 c.338 §749; 1985 c.420 §14; 1989 c.491 §73] The Department of Transportation
shall issue registration for a school bus when notified that the vehicle
conforms to applicable rules under ORS 820.100 to 820.120 and that the
vehicle is safe for operation on the highways. Notification required by
this section shall be from:
(1) The State Board of Education or its authorized representative
regarding vehicles under its regulatory authority.
(2) The State Board of Higher Education or its authorized
representative regarding vehicles under its jurisdiction. [1983 c.338
§752; 1985 c.420 §17; 1999 c.39 §11] The Department of
Transportation may revoke the registration of any school bus if the
department determines that the vehicle:
(1) Is not maintained and operated in accordance with rules
applicable to the vehicle under ORS 820.100 to 820.120; or
(2) Is not safe for operation over or is not safely operated over
the public highways. [1983 c.338 §753; 1985 c.16 §360; 1985 c.420 §18](1) The State Board of Education, by rule, may establish classes or
types of vehicles that are not considered school buses or school activity
vehicles for purposes of the Oregon Vehicle Code or classes of school
buses or school activity vehicles that are not subject to regulation
under the Oregon Vehicle Code either partially or completely.
(2) The State Board of Higher Education may adopt separate rules of
the type described under this section for vehicles that are under its
jurisdiction.
(3) Rules adopted under this section are subject to the following:
(a) Any exemption, either partial or total, established under this
section may be based upon passenger capacity, on limited use or on any
other basis the State Board of Education or the State Board of Higher
Education considers appropriate.
(b) No exemption, either partial or total, shall be established
under this section for any vehicle that is marked with or displays the
words “school bus.”
(c) Any vehicle determined not to be a school bus under this
section is not a school bus within the definition established under ORS
801.460. Partial exemptions established for vehicles under this section
may include removal of the vehicle from any provisions relating to school
buses under the vehicle code.
(d) Any vehicle determined not to be a school activity vehicle
under this section is not a school activity vehicle within the definition
established under ORS 801.455. Partial exemptions established for
vehicles under this section may include removal of the vehicle from any
provisions relating to school activity vehicles under the vehicle code.
(e) In considering any rules under this section, the boards shall
consider the need to assure student safety. [1985 c.420 §16; 1989 c.491
§74; 1995 c.79 §381; 1999 c.39 §12] (1) A
person commits the offense of illegal display of school bus markings if
the person displays the words “School Bus” on any vehicle unless the
vehicle:
(a) Is used in transporting school children to or from school or an
authorized school activity or function; and
(b) Complies with the applicable requirements under rules
established under ORS 820.100 to 820.120.
(2) The offense described in this section, illegal display of
school bus markings, is a Class B traffic violation. [1983 c.338 §750;
1985 c.393 §52; 1995 c.383 §98] (1) A person commits
the offense of improper school bus markings if the person displays the
words “School Bus” on a vehicle without such words being marked in the
front and in the rear in letters eight inches high or higher and of
proportionate width.
(2) The offense described in this section, improper school bus
markings, is a Class D traffic violation. [1983 c.338 §751; 1985 c.393
§53; 1995 c.383 §99] (1) A person
commits the offense of unsafe school vehicle operation if:
(a) The person operates or owns and causes or permits to be
operated a school bus or school activity vehicle in a manner that is in
violation of any rules applicable to the vehicle that are adopted under
ORS 820.100 to 820.120; or
(b) The person owns or leases and causes or permits to be operated
for school purposes a school bus or school activity vehicle containing
more passengers than the vehicle is designed to transport.
(2) A person is not in violation of subsection (1)(b) of this
section if a bus or vehicle contains more passengers than it is designed
to transport due to unforeseen or unusual circumstances.
(3) The offense described in this section, unsafe school vehicle
operation, is a Class B traffic violation. [1985 c.420 §4; 1991 c.392 §1;
1995 c.383 §100] (1) A person
commits the offense of being a minor operating a school vehicle if the
person is under 18 years of age and the person drives any of the
following while it is in use for the transportation of pupils to or from
school or an authorized school activity or function:
(a) A school bus.
(b) A school activity vehicle.
(c) A vehicle owned by a public or governmental agency.
(d) A privately owned vehicle that is operated for compensation
that is a vehicle other than a vehicle commonly known and used as a
private passenger vehicle and not operated for compensation except in the
transportation of students to or from school.
(2) The offense described in this section, minor operating a school
vehicle, is a Class B traffic violation. [1983 c.338 §754; 1985 c.420 §19]MISCELLANEOUS PROVISIONS (1) A
person commits the offense of being a minor operating a public passenger
vehicle if the person is under 21 years of age and the person drives a
motor vehicle while it is in use as a public passenger-carrying vehicle.
(2) The offense described in this section, minor operating a public
passenger vehicle, is a Class B traffic violation. [1983 c.338 §755](1) Golf carts operated in accordance with an ordinance adopted
under ORS 810.070 are exempt from registration requirements under the
vehicle code.
(2) Golf carts or substantially similar vehicles that are operated
by disabled persons at not more than 15 miles an hour are exempt from
registration requirements under the vehicle code.
(3) Notwithstanding any provision of the vehicle code relating to
vehicle equipment and condition, upon designation of a portion of a
highway becoming effective under an ordinance adopted under ORS 810.070,
it shall be lawful to drive golf carts on highways or portions thereof so
designated in accordance with the rules and regulations prescribed by the
local authority. [1983 c.338 §780]
(1) A person commits the offense of operation of a low-speed vehicle in a
prohibited area if the person is a disabled person and the person
operates a golf cart or substantially similar motor vehicle on any
highway with a speed designation greater than 25 miles per hour.
(2) The offense described in this section, operation of low-speed
vehicle in prohibited area, is a Class D traffic violation. [1983 c.338
§781]AMBULANCES AND EMERGENCY VEHICLES(Application of Traffic Laws) (1) Subject to conditions,
limitations, prohibitions and penalties established for emergency vehicle
and ambulance drivers under ORS 820.320, the driver of an emergency
vehicle or ambulance may do any of the following:
(a) Park or stand in disregard of a statute, regulation or
ordinance prohibiting that parking or standing.
(b) Proceed past a red signal or stop sign.
(c) Exceed the designated speed limits.
(d) Disregard regulations governing direction of movement or
turning in specified directions.
(e) Proceed past the flashing bus safety lights without violating
ORS 811.155 if the driver first stops the vehicle and then proceeds only
when the driver:
(A) Determines that no passengers of the bus remain on the roadway;
and
(B) Proceeds with caution.
(2) The provisions of this section:
(a) Do not relieve the driver of an emergency vehicle or ambulance
from the duty to drive with due regard for the safety of all other
persons.
(b) Are not a defense to the driver of an emergency vehicle or
ambulance in an action brought for criminal negligence or reckless
conduct.
(c) Except as specifically provided in this section, do not relieve
the driver of an emergency vehicle or ambulance from the duty to comply
with ORS 811.155. [1983 c.338 §757; 1985 c.16 §362; 1995 c.209 §5](1) A person commits the offense of illegal operation of an
emergency vehicle or ambulance if the person is the driver of an
emergency vehicle or ambulance and the person violates any of the
following:
(a) The driver of an emergency vehicle or ambulance may only
exercise privileges granted under ORS 820.300 when responding to an
emergency call or when responding to, but not upon returning from, an
emergency. The driver of an emergency vehicle may exercise privileges
granted under ORS 820.300 when in pursuit of an actual or suspected
violator of the law.
(b) The driver of an emergency vehicle or ambulance must use a
visual signal with appropriate warning lights when the driver is
exercising privileges granted under ORS 820.300.
(c) In addition to any required visual signal, the driver of an
emergency vehicle or ambulance must make use of an audible signal meeting
the requirements under ORS 820.370 when the driver is proceeding past a
stop light or stop sign under privileges granted by ORS 820.300 (1)(b).
(d) A driver of an emergency vehicle or ambulance who is exercising
privileges granted under ORS 820.300 by parking or standing an emergency
vehicle in disregard of a regulation or ordinance prohibiting that
parking, stopping or standing, shall not use the audible signal.
(e) In exercising the privileges under ORS 820.300 (1)(e) relating
to buses and bus safety lights, the driver of an emergency vehicle or
ambulance must first stop the vehicle and then must:
(A) Determine that no passengers of the bus remain on the roadway;
and
(B) Proceed with caution.
(f) In proceeding past any stop light or stop sign under the
privileges granted by ORS 820.300, the driver of an emergency vehicle or
ambulance must slow down as may be necessary for safe operation.
(g) The driver of an emergency vehicle or ambulance must not exceed
any designated speed limit to an extent which endangers persons or
property.
(2) The driver of an emergency vehicle that is operated as an
emergency police vehicle is not required to use either visual signal or
the audible signal as described in this section in order to exercise the
privileges granted in ORS 820.300 when it reasonably appears to the
driver that the use of either or both would prevent or hamper the
apprehension or detection of a violator of a statute, ordinance or
regulation.
(3) The offense described in this section, illegal operation of an
emergency vehicle or ambulance, is a Class B traffic violation. [1983
c.338 §759; 1985 c.16 §364; 1995 c.209 §1](Records)(1) A person commits the offense of failure
to make, maintain and make available ambulance records if the person
violates any of the following:
(a) When an ambulance is used in an emergency situation the driver
of the ambulance, within 24 hours after such use, must cause to be made
and must sign a record that complies with ORS 820.340.
(b) The owner of any ambulance must cause any record required by
this section to be preserved for not less than seven years.
(c) Upon demand of any district attorney, the custodian of any
record required under this section must make the record available to that
district attorney for the purpose of investigating any alleged violation
of ORS 820.320 by a driver of an ambulance.
(d) Upon demand of an authorized representative of the Department
of Human Services, the custodian of any record required under this
section shall make the record available to the authorized representative
who wishes to inspect the record for purposes of ascertaining identities
of emergency medical technicians as defined in ORS 682.025.
(2) This section does not apply to any person or ambulance exempted
by ORS 682.035 or 682.079 from regulation by the Department of Human
Services.
(3) Authority of political subdivisions to regulate records of
ambulances is limited under ORS 682.031.
(4) The offense described in this section, failure to make,
maintain and make available ambulance records, is a Class B traffic
violation. [1983 c.338 §760; 1985 c.393 §54; 1995 c.209 §6] Records required under ORS
820.330 shall contain all of the following:
(1) The time of day and the date when ambulance service was
requested.
(2) The name of the ambulance driver and the name of the emergency
medical technicians, as defined in ORS 682.025, who provided the service,
one of whom may be the driver.
(3) The name and address of any individual to be transported.
(4) Any reason to believe the life of the individual is jeopardized
by delay of the ambulance.
(5) The location from which the individual is to be transported.
(6) The name and address of any person who requested the ambulance
service.
(7) The time of day when service for the individual is begun and
ended. [1983 c.338 §761](Equipment) (1) Subject to any other law or
rule pursuant thereto relating to lighting of a vehicle, the Department
of Transportation may prescribe required warning lights for ambulances.
The requirements established under this section may include, but are not
limited to, numbers required, placement, visibility, rate of flash if
applicable and inside indicators.
(2) Enforcement of the requirements established under this section
is provided under ORS 820.360. [1983 c.338 §762; 1985 c.79 §1; 1989 c.782
§38]
(1) A person commits the offense of illegal ambulance lighting equipment
if the person drives or moves on any highway or owns and causes or
knowingly permits to be driven or moved on any highway an ambulance that
does not contain and is not at all times equipped with warning lights in
proper condition and adjustment as required under ORS 820.350.
(2) This section does not apply to any person or ambulance exempted
by ORS 682.035 or 682.079 from regulation by the Department of Human
Services.
(3) Authority of political subdivisions to regulate warning lights
on ambulances is limited under ORS 682.031.
(4) The offense described under this section, illegal ambulance
lighting equipment, is a Class C traffic violation. [1983 c.338 §763;
1995 c.383 §30] (1) Subject to any
other law or rule pursuant thereto relating to the noise of a vehicle,
the Department of Transportation may prescribe required sirens or other
audible signals for ambulances and emergency vehicles. The requirements
established under this section may include, but are not limited to,
numbers required, placement, audibility and inside indicators.
(2) Enforcement of the requirements established under this section
is provided under ORS 820.380. [1983 c.338 §764; 1985 c.16 §365; 1985
c.79 §2; 1989 c.782 §39](1) A person commits the offense of illegal ambulance or
emergency vehicle sirens if the person drives or moves on any highway or
owns and causes or knowingly permits to be driven or moved on any highway
an ambulance or emergency vehicle that does not contain and is not at all
times equipped with sirens or other audible signals in proper conditions
and adjustment as required under 820.370.
(2) This section does not apply to any ambulance or person
operating or owning an ambulance if the ambulance or person is exempted
by ORS 682.035 or 682.079 from regulation by the Department of Human
Services.
(3) Authority of political subdivisions to regulate sirens and
other audible signals is limited under ORS 682.031.
(4) The offense described under this section, illegal ambulance or
emergency vehicle sirens, is a Class C traffic violation. [1983 c.338
§765; 1995 c.209 §2; 1995 c.383 §31]IMPLEMENTS OF HUSBANDRY (1)
A person commits the offense of unlawful operation of an implement of
husbandry if the person operates an implement of husbandry in violation
of any of the following:
(a) Such vehicle must be driven as closely as is practicable to the
right-hand edge of the roadbed, including the shoulders, if any.
(b) Such vehicle, if the movement of the vehicle occurs during the
hours of darkness, must be equipped and operating two headlights,
clearance lights and reflectors marking the overall width as far as
practical and visible from the front, rear and sides and a taillight.
(c) An image display device may not be operated in an implement of
husbandry at any time while the implement of husbandry is being operated
on a highway. As used in this paragraph, “image display device” has the
meaning given that term in ORS 815.240.
(d) Such vehicle must display, when driven, a slow-moving vehicle
emblem described in ORS 815.060.
(2) The offense described in this section, unlawful operation of an
implement of husbandry, is a Class D traffic violation. [1983 c.338 §779;
1985 c.69 §7; 1985 c.393 §55; 1995 c.383 §101; 2005 c.572 §3]MANUFACTURED STRUCTURESWhen a travel
trailer or special use trailer ceases to be assessed under the ad valorem
tax laws of this state as a manufactured structure under ORS 308.880, the
trailer must be registered and licensed as a travel trailer or special
use trailer. [1983 c.338 §783; 1985 c.16 §379; 1993 c.18 §171; 1993 c.696
§11; 2003 c.655 §122](1) A person commits the offense of violating trip
permit requirements for manufactured structures if the person does any of
the following:
(a) Moves a manufactured structure on a highway of this state
without a trip permit for the movement. This paragraph does not apply to
movements of manufactured structures by vehicle transporters as permitted
under ORS 822.310.
(b) Fails to prominently display a trip permit on the rear of a
manufactured structure being moved when a trip permit is required for the
move.
(c) Moves a manufactured structure when a trip permit is required
without completing the permit prior to the movement.
(2) The offense described under this section, violating trip permit
requirements for manufactured structures, is a Class B traffic violation.
[1983 c.338 §788; 1985 c.16 §385; 1985 c.416 §9; 2003 c.655 §123]
_______________
