USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 821 Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles
(1) Any motor vehicle designed for or capable of cross-country
travel on or immediately over land, water, sand, snow, ice, marsh,
swampland or other natural terrain is exempt from the sections governing
vehicle equipment described in this section if the vehicle:

(a) Is operated in an area described under ORS 821.020; and

(b) Complies with the equipment requirements under ORS 821.040.

(2) The exemption under this section is an exemption from the
prohibitions under all of the following paragraphs:

(a) Nonstandard lighting equipment under ORS 816.300.

(b) Required lighting equipment under ORS 816.330.

(c) Prohibited lighting equipment under ORS 816.360.

(d) Violation of state equipment administrative rules under ORS
815.100.

(e) Slow-moving vehicle emblem requirements under ORS 815.115.

(f) Mudguard and fender requirements under ORS 815.185.

(g) Visible emission limits under ORS 815.200.

(h) Requirements for window materials under ORS 815.040.

(i) Obstruction of windows under ORS 815.220.

(j) Limits on sound equipment under ORS 815.225.

(k) Sound equipment requirements under ORS 815.230.

(L) Rearview mirror requirements under ORS 815.235.

(m) Limits on image display device use under ORS 815.240.

(n) Exhaust system requirements under ORS 815.250.

(o) Speedometer requirements under ORS 815.255.

(p) Disposal system requirements under ORS 815.260.

(q) Helmet requirements under ORS 814.260 to 814.280. [1983 c.338
§710; 1999 c.565 §3; 2005 c.572 §4](1) This section establishes the areas where the
exemption from equipment requirements for off-road vehicles described
under ORS 821.010 is applicable. The exemption applies to any land, road
or place within the State of Oregon that meets the description in
subsection (2) of this section and that is not posted as closed to
off-road use.

(2) The exemption applies to each of the following lands, roads and
places:

(a) Lands that are open to the public.

(b) Roads, other than two-lane gravel roads, that are open to the
public.

(c) Paved parking lots adjacent to or on designated off-road
vehicle areas, trails and routes that are open to the public.

(d) Any local two-lane gravel road that is open to the public and
that is designated by the road authority with jurisdiction over the road
as open to off-road vehicles that are described in ORS 821.010. [1983
c.338 §711; 1999 c.565 §4] For purposes of
the equipment requirements for off-road vehicles under ORS 821.040, the
following agencies may establish the described equipment requirements for
vehicles:

(1) The Director of Transportation may adopt rules to do the
following:

(a) Establish the type of brakes an off-road vehicle must be
equipped with to be in compliance with ORS 821.040.

(b) Establish the type of flag that must be used under ORS 821.040
on an off-road vehicle when it is operated on sand.

(c) Require other safety equipment that must be used by off-road
vehicles in order to comply with ORS 821.040.

(2) The Environmental Quality Commission may adopt standards for
noise emissions of mufflers that are required for off-road vehicles for
compliance with ORS 821.040. [1983 c.338 §445; 1985 c.16 §234](1) A person commits the offense of operation of an off-road
vehicle without required equipment if the person is operating a vehicle
described in ORS 821.010 in an area described in ORS 821.020 and the
vehicle is not equipped in compliance with all of the following:

(a) The vehicle must be equipped with a muffler that meets the
standards for noise emissions established under ORS 821.030.

(b) The vehicle must be equipped with brakes that meet the
requirements established under ORS 821.030.

(c) The vehicle must be equipped with a windshield wiper if the
vehicle is equipped with a windshield.

(d) When the vehicle is operated on sand, the vehicle must be
equipped with a flag that meets the requirements established under ORS
821.030.

(e) The vehicle must be equipped with any safety equipment required
under ORS 821.030.

(f) At any time from one-half hour after sunset to one-half hour
after sunrise, the vehicle must be equipped with and display headlights
and taillights.

(2) Motorcycles and mopeds are not required by this section to be
equipped with windshield wipers.

(3) The offense described in this section, operation of off-road
vehicle without required equipment, is a Class C traffic violation. [1983
c.338 §712; 1985 c.393 §40; 2001 c.669 §9]SNOWMOBILES AND ALL-TERRAIN VEHICLES(Generally)(1) Limits on the authority of cities, counties or
other political subdivisions of this state or any state agency are as
imposed under ORS 801.040.

(2) Fees collected by the Department of Transportation in the
regulation of snowmobiles shall be used as provided in ORS 802.110 and
802.120. [1983 c.338 §713; 1985 c.459 §4a; 1989 c.991 §28; 1999 c.977 §23]
Notwithstanding ORS 821.020, or any law requiring that vehicles be
equipped in specified ways in order to operate on highways, Class I,
Class II and Class III all-terrain vehicles may operate on any highway in
this state that is open to the public and is not maintained for passenger
car traffic. [1995 c.775 §8](Title for Snowmobiles) (1) The Department of
Transportation shall provide for the issuance of titles for snowmobiles
required to be titled under ORS 821.070. The following provisions
relating to titling shall be the same for snowmobiles as for other
vehicles:

(a) Fee for issuance.

(b) Provisions relating to transfer, including security interests
and other types of transfer, fees for transfer, time limits for transfer
and responsibility for making transfer and submitting documents.

(c) Information required to be placed on a title, except where the
department determines such information would be inappropriate.

(d) Party to whom title is issued upon original issuance or
transfer.

(e) Validity times and requirements.

(f) Provisions contained in ORS 819.010 to 819.040.

(g) Any provisions relating to title that are applicable to other
vehicles under the vehicle code and that the department determines, by
rule, to be necessary to assure that the titling of snowmobiles is
administered in the same manner and has the same effect as the titling of
other vehicles.

(h) Provisions relating to salvage titles.

(2) Application for issuance of title for a snowmobile shall be
made in the manner and in a form prescribed by the department. The
department may require any information in the application the department
determines is reasonably necessary to determine ownership or right to
title for a snowmobile. The department may provide for application for
title separately from or with application for snowmobile registration or
in any way the department determines appropriate.

(3) Dealers issued certificates under ORS 822.020 who sell
snowmobiles shall accept application and fees for title of a snowmobile
from each purchaser of a new or used snowmobile in a manner required by
the department. [1985 c.16 §344; 1985 c.459 §5; 1987 c.261 §3; 1989 c.991
§6; 1991 c.873 §43; 1993 c.233 §69; 1993 c.751 §79; 1995 c.774 §15; 1997
c.249 §236; 1999 c.977 §26] (1) A person commits
the offense of failure to title a snowmobile if the person is the owner
of a snowmobile that is in this state or is operating a snowmobile at any
place in this state and the snowmobile has not been issued a title as
provided under ORS 821.060.

(2) The requirement to title a snowmobile under this section does
not apply if the snowmobile is any of the following:

(a) Owned and operated by the United States, another state or
political subdivision thereof.

(b) Owned and operated by this state or by any city, district or
political subdivision thereof.

(c) Exempted from registration requirements by ORS 821.090.

(d) A new snowmobile that is in the possession of a dealer for
purposes of sale or display.

(3) The offense described in this section, failure to title a
snowmobile, is a Class D traffic violation. [1985 c.16 §346; 1985 c.459
§6; 1989 c.991 §7; 1995 c.383 §105; 1995 c.774 §16; 1999 c.977 §27](Registration for Snowmobiles) (1)
The Department of Transportation shall issue snowmobile registration to a
qualified owner. To qualify for issuance of registration under this
section:

(a) The owner must complete the application in the manner and in a
form the department prescribes.

(b) The application shall state the name and address of each owner
of the snowmobile to be registered.

(c) The application shall contain proof of title.

(d) The fee established under ORS 821.320 for registration of a
snowmobile must be paid.

(2) Dealers issued certificates under ORS 822.020 who sell
snowmobiles shall accept application and fees for registration from each
purchaser of a new or used snowmobile that is required to be registered
in this state. The department shall adopt rules for the implementation of
this subsection.

(3) The department shall not issue any registration for a
snowmobile unless the snowmobile has been issued a title in compliance
with ORS 821.060 and 821.070.

(4) Snowmobile registration and renewal of registration are valid
for a period of two years after which time the registration expires.

(5) Upon qualification for registration, the department shall do
the following:

(a) Register the snowmobile.

(b) Assign a registration number to the snowmobile. The
registration number assigned at the time of original registration shall
remain with that vehicle until the vehicle is destroyed, abandoned or
permanently removed from this state, or until changed or terminated by
the department.

(c) Issue and deliver to the registered owner a certificate of
registration in a form to be determined by the department.

(d) At the time of original registration and at the time of each
subsequent renewal thereof, issue to the registrant a date tag or tags
indicating the validity of the current registration and the expiration
date thereof.

(6) A snowmobile registration is not valid unless a validating tag
and current registration certificate have been issued.

(7) The department shall provide procedures necessary for renewal
of snowmobile registration consistent with this section and ORS 821.110
and 821.320.

(8) The department may adopt rules specifying additional
requirements and procedures for registration of snowmobiles. Requirements
and procedures adopted under this subsection shall be designed to assure
that except as otherwise provided in this chapter, the registration of
snowmobiles is administered in the same manner and has the same effect as
the registration of vehicles under ORS chapter 803. [1983 c.338 §716;
1985 c.16 §348; 1985 c.459 §9; 1987 c.217 §9; 1987 c.261 §12; 1989 c.991
§8; 1993 c.751 §80; 1995 c.774 §17; 1999 c.977 §28] This
section establishes exemptions from the requirements to register
snowmobiles under ORS 821.100. The following are exempt from the
registration requirements, either partially or completely as described:

(1) A snowmobile owned and operated by the United States, another
state or a political subdivision thereof.

(2) A snowmobile owned and operated by this state or by any city,
district or political subdivision thereof.

(3) A snowmobile owned by a resident of another state if registered
in accordance with the laws of the state in which its owner resides. The
exemption granted under this subsection:

(a) Is only granted to the extent that a similar exemption or
privilege is granted under the laws of the other state for snowmobiles
registered in this state.

(b) Is only granted for a period of up to 60 consecutive days. Any
snowmobile that does not qualify for the exemption under this subsection
because of this paragraph is subject to registration.

(4) A snowmobile operated under an out-of-state permit issued under
ORS 821.130.

(5) A snowmobile operated under dealer plates as described in ORS
822.040.

(6) A snowmobile used exclusively in farming, agricultural or
forestry operations or used by persons licensed under ORS chapter 571
exclusively for nursery or Christmas tree growing operations. [1983 c.338
§715; 1985 c.16 §347; 1985 c.459 §8; 1987 c.254 §4; 1987 c.261 §4; 1987
c.387 §2; 1989 c.991 §9; 1995 c.774 §18; 1999 c.977 §29] (1) A person
commits the offense of operation of an unregistered snowmobile if the
person operates a snowmobile that is not registered under ORS 821.080.

(2) Exemptions from this section are established under ORS 821.090.

(3) The offense described in this section, operation of an
unregistered snowmobile, is a Class D traffic violation. [1983 c.338
§714; 1985 c.459 §7; 1989 c.991 §10; 1995 c.383 §106; 1995 c.774 §19;
1999 c.977 §30] (1) A
person commits the offense of failure to renew snowmobile registration if
the person is the owner of a snowmobile in this state and the person does
not renew registration for the snowmobile in the manner the Department of
Transportation prescribes when the registration expires as provided under
ORS 821.080 and pay the required fee for renewal of registration
established under ORS 821.320.

(2) The offense described in this section, failure to renew
snowmobile registration, is a Class D traffic violation. [1983 c.338
§717; 1985 c.459 §10; 1989 c.991 §29; 1995 c.383 §107; 1995 c.774 §20;
1999 c.977 §31](1) A person commits the offense of failure to properly
display snowmobile registration numbers if the person is the owner or
operator of a snowmobile and the registration numbers issued by the
Department of Transportation for the vehicle are not displayed on the
vehicle or are displayed in a manner that violates any of the following:

(a) The registration numbers must be permanently affixed.

(b) The registration numbers must be displayed in a clearly visible
manner.

(c) The registration number must be displayed upon the snowmobile
in a manner prescribed by the department.

(d) The numbers displayed shall be in the form of painted numbers
or decals and shall be of contrasting color with the surface on which
they are applied.

(e) The registration numbers shall be maintained in a legible
condition.

(f) Any validating date tag or tags issued by the department under
ORS 821.080 shall be affixed in the manner prescribed by the department.

(2) The offense described in this section, failure to properly
display snowmobile registration numbers, is a Class D traffic violation.
[1983 c.338 §719; 1985 c.16 §349; 1985 c.459 §12; 1989 c.991 §11; 1995
c.383 §108; 1995 c.774 §21; 1999 c.977 §32](Permits)(1) An out-of-state snowmobile permit is a vehicle
permit that is issued as evidence of a grant of authority to operate in
this state a snowmobile that is:

(a) Owned by a resident of another state;

(b) Not registered in this state or in the other state; and

(c) Exempt from registration under ORS 821.090.

(2) The Department of Transportation shall establish a program for
the issuance of out-of-state snowmobile permits under this section. The
program established by the department shall comply with all of the
following:

(a) A permit may only be issued for snowmobiles owned by the
resident of another state where registration is not required by law.

(b) A permit is valid for not more than 60 days.

(c) Application for a permit shall state the name and address of
each owner.

(d) The fees for issuance of the permit are as provided under ORS
821.320. [1983 c.338 §720; 1985 c.459 §24; 1989 c.991 §30; 1993 c.751
§82; 1995 c.774 §22; 1999 c.977 §33]
(1) A person commits the offense of failure to carry an out-of-state
snowmobile permit if an out-of-state permit is issued for the vehicle
under ORS 821.130 and the permit is not carried on the snowmobile at all
times during operation of the snowmobile in this state.

(2) The offense described in this section, failure to carry an
out-of-state snowmobile permit, is a Class D traffic violation. [1983
c.338 §721; 1985 c.459 §25; 1989 c.991 §31; 1995 c.383 §109; 1999 c.977
§34]
(1) A person commits the offense of failure to carry an out-of-state
all-terrain vehicle permit if an out-of-state permit is issued for the
vehicle under ORS 390.590 and the permit is not carried on the
all-terrain vehicle at all times during operation of the all-terrain
vehicle in this state.

(2) The offense described in this section, failure to carry an
out-of-state all-terrain vehicle permit, is a Class D traffic violation.
[1999 c.977 §12](Driving Privileges)(1) A person commits the offense of operation of a
snowmobile without driving privileges if the person operates a snowmobile
without one of the following having been issued to the person and on the
person at the time the person is operating the snowmobile:

(a) A driver license.

(b) A snowmobile operator permit issued under ORS 821.160.

(2) This section does not apply to a person who is operating a
snowmobile while taking a course from an instructor to obtain a
snowmobile operator’s permit under ORS 821.160.

(3) In addition to other penalties provided by this section, the
operator or owner of a snowmobile may be liable as provided under ORS
821.310.

(4) The offense described in this section, operation of snowmobile
without driving privileges, is a Class D traffic violation. [1983 c.338
§722; 1985 c.16 §350; 1985 c.393 §41; 1995 c.383 §32](1) A snowmobile operator permit authorizes a person
who does not have a driver license to operate a snowmobile without
violation of ORS 821.150.

(2) The Department of Transportation shall issue or provide for
issuance of a snowmobile operator permit to any person who has taken a
snowmobile safety education course established under this section and has
been found qualified to operate a snowmobile.

(3) The department shall adopt rules to provide for snowmobile
safety education courses and the issuance of snowmobile operator permits
consistent with this section. The rules adopted by the department shall
be consistent with the following:

(a) The course must be one given by an instructor designated by the
department as qualified to conduct such a course and issue such a permit.

(b) The rules shall provide for the designation of instructors and
issuance of permits.

(c) The department may provide by rule for instructors to be
provided and permits issued through public or private local and state
organizations meeting qualifications established by the department.
Organizations designated by the department may include organizations such
as the Oregon State Snowmobile Association.

(4) Persons who are operating a snowmobile while taking a course
from an instructor are exempt from ORS 821.150 as provided in that
section. [1983 c.338 §723; 1985 c.16 §351](1) A person commits the offense of operation of a
Class I all-terrain vehicle without driving privileges if the person
operates a Class I all-terrain vehicle on public lands and the person
does not meet one of the following qualifications:

(a) The person must hold a valid driver license;

(b) The person must hold a valid Class I all-terrain vehicle
operator permit issued under ORS 390.570; or

(c) The person must be accompanied by a person who is at least 18
years of age, who has either a valid driver license or a valid Class I
all-terrain vehicle operator permit and who is either on the same
vehicle, if the vehicle is designed to carry passengers, or on a separate
Class I all-terrain vehicle.

(2) Notwithstanding subsection (1) of this section, no person under
12 years of age may operate a Class I all-terrain vehicle on a designated
snowmobile trail under snow conditions unless the person holds a valid
Class I all-terrain vehicle operator permit issued under ORS 390.570.

(3) The offense described in this section, operation of Class I
all-terrain vehicle without driving privileges, is a Class D traffic
violation. [1985 c.459 §17; 1987 c.158 §175; 1995 c.383 §110; 1999 c.977
§24](1) A person who is 12 years of age or older commits
the offense of operation of a Class III all-terrain vehicle without
driving privileges if the person operates a Class III all-terrain vehicle
on public lands and the person does not meet one of the following
qualifications:

(a) The person must hold a valid driver license;

(b) The person must hold a valid Class III all-terrain vehicle
operator permit issued under ORS 390.575; or

(c) The person must be accompanied by a person who is at least 18
years of age, who has either a valid driver license or a valid Class III
all-terrain vehicle operator permit and who is either on the same
vehicle, if the vehicle is designed to carry passengers, or on a separate
Class III all-terrain vehicle.

(2) A person who is at least seven years of age but under 12 years
of age commits the offense of operation of a Class III all-terrain
vehicle without driving privileges if the person operates a Class III
all-terrain vehicle on public lands and the person does not meet both of
the following qualifications:

(a) The person must hold a valid Class III all-terrain vehicle
operator permit issued under ORS 390.575; and

(b) The person must be accompanied by a person who is at least 18
years of age, who has either a valid driver license or a valid Class III
all-terrain vehicle operator permit and who is either on the same
vehicle, if the vehicle is designed to carry passengers, or on a separate
Class III all-terrain vehicle.

(3) A person under seven years of age commits the offense of
operation of a Class III all-terrain vehicle without driving privileges
if the person operates a Class III all-terrain vehicle on public lands.

(4) The offense described in this section, operation of a Class III
all-terrain vehicle without driving privileges, is a Class C traffic
violation. [1995 c.774 §2; 1999 c.977 §25]Notwithstanding any other provision
of law, a person may not operate a Class I all-terrain vehicle or a Class
III all-terrain vehicle while the person’s driving privileges are
suspended or revoked. A person who violates this section is in violation
of ORS 811.175 or 811.182, as appropriate. [1995 c.775 §7]Note: 821.174 was added to and made a part of ORS chapter 821 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(Offenses)(1) A person commits the
offense of unlawful operation of an off-road vehicle on a highway or
railroad if the person operates a vehicle described in subsection (2) of
this section in any of the following described areas:

(a) On or across the paved portion, the shoulder, inside bank or
slope of any highway, on or across the median of any divided highway or
on or across any portion of a highway right of way under construction.

(b) On or across a railroad right of way.

(2) This section applies to:

(a) Snowmobiles.

(b) Class I all-terrain vehicles.

(c) Class II all-terrain vehicles that are not properly equipped
for operation on a highway.

(d) Class III all-terrain vehicles.

(3) Exemptions from this section are established under ORS 821.200.

(4) In addition to penalties provided by this section, the operator
or owner of a snowmobile, Class I, Class II or Class III all-terrain
vehicle may be liable as provided under ORS 821.310.

(5) The offense described in this section, unlawful operation of an
off-road vehicle on a highway or railroad, is a Class B traffic
violation. [1985 c.72 §2; 1985 c.459 §28 (enacted in lieu of 1983 c.338
§§724,725,726); 1989 c.991 §12; 1995 c.383 §111; 1999 c.372 §1](1) Notwithstanding any other provision of law, a
person may operate a Class I all-terrain vehicle on the highways of this
state if:

(a) The person is using the all-terrain vehicle for transportation
between ranching or farming headquarters, agricultural fields or pastures;

(b) The person holds a valid driver license;

(c) The person complies with posted speed limits, but in no event
exceeds a speed of 20 miles per hour;

(d) The person operates the all-terrain vehicle as closely as is
practicable to the right-hand edge of the highway, including shoulders,
if any;

(e) The all-terrain vehicle is equipped with a lighted headlight
and taillight; and

(f) The all-terrain vehicle displays a slow-moving vehicle emblem
described under ORS 815.060.

(2) A person commits the offense of unlawful operation of a Class I
all-terrain vehicle used for agricultural purposes if the person operates
a Class I all-terrain vehicle on a highway in violation of subsection (1)
of this section.

(3) The offense described in subsection (2) of this section,
unlawful operation of a Class I all-terrain vehicle used for agricultural
purposes, is a Class D traffic violation. [2001 c.529 §§2,3]Note: 821.191 was added to and made a part of ORS chapter 821 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) A person commits the offense of operating an
all-terrain vehicle in violation of posted restrictions if the person
operates an all-terrain vehicle on public lands at a time when the lands
are closed to all-terrain vehicles or operation of the vehicles is
otherwise restricted, and notice of the restrictions has been posted by
an agency with jurisdiction to impose the restrictions.

(2) The offense described in this section, operating an all-terrain
vehicle in violation of posted restrictions, is a Class B traffic
violation. [1999 c.565 §2](1) A person commits the offense of operating an
all-terrain vehicle without a permit and a decal if the person operates
an all-terrain vehicle without a permit and a decal in an area or on a
trail designated by the appropriate authority as open to all-terrain
vehicles only if they have permits and decals.

(2) This section does not apply to:

(a) An all-terrain vehicle owned and operated by a resident of
another state if the other state grants a similar exemption for
all-terrain vehicles owned and operated by residents of Oregon and if the
vehicle has not been operated in this state for more than 60 consecutive
days; or

(b) An all-terrain vehicle owned and operated by the United States,
this state or any other state or any political subdivision of the United
States or of a state.

(3) The offense described in this section, operating an all-terrain
vehicle without a permit and a decal, is a Class C traffic violation.
[Formerly 821.175; 1999 c.977 §35]Note: 821.195 was added to and made a part of ORS chapter 821 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.This section establishes exemptions from the limitations
placed on the use of snowmobiles and all-terrain vehicles under ORS
821.190. The prohibitions and penalties under ORS 821.190 do not apply
when a snowmobile or all-terrain vehicle that qualifies for the exemption
from equipment requirements under ORS 821.010 is being operated as
described under any of the following:

(1) A person may lawfully cross a highway or railroad right of way
while operating a snowmobile or all-terrain vehicle if the person
complies with all of the following:

(a) The crossing must be made at an angle of approximately 90
degrees to the direction of the highway or railroad right of way.

(b) The crossing must be made at a place where no obstruction
prevents a quick and safe crossing.

(c) The vehicle must be brought to a complete stop before entering
the highway or railroad right of way.

(d) The operator of the vehicle must yield the right of way to
vehicles using the highway or equipment using the railroad tracks.

(e) The crossing of a railroad right of way must be made at an
established public railroad crossing.

(f) The crossing of a highway must be made at a place that is more
than 100 feet from any highway intersection.

(g) If the operator of a snowmobile is under 12 years of age, a
person who is 18 years of age or older must accompany the operator either
as a passenger or as the operator of another snowmobile that is in
proximity to the younger operator.

(h) If the operator of a Class I all-terrain vehicle is under 12
years of age, a person who is 18 years of age or older must accompany the
operator either as a passenger, if the vehicle is designed to carry
passengers, or on a separate Class I all-terrain vehicle.

(2) A snowmobile or all-terrain vehicle may be lawfully operated
upon a highway under any of the following circumstances:

(a) Where the highway is completely covered with snow or ice and
has been closed to motor vehicle traffic during winter months.

(b) For purposes of loading or unloading when such operation is
performed with safety and without causing a hazard to vehicular traffic
approaching from either direction on the highway.

(c) Where the highway is posted to permit snowmobiles or
all-terrain vehicles.

(d) In an emergency during the period of time when and at locations
where snow upon the highway renders travel by automobile impractical.

(e) When traveling along a designated snowmobile or all-terrain
vehicle trail.

(3) It shall be lawful to operate a snowmobile or all-terrain
vehicle upon a railroad right of way under any of the following
circumstances:

(a) Where the right of way is posted to permit the operation.

(b) In an emergency.

(c) When the snowmobile or all-terrain vehicle is operated by an
officer or employee or authorized contractor or agent of a railroad.
[1983 c.338 §727; 1985 c.72 §3; 1985 c.459 §29; 1989 c.991 §13; 1999
c.372 §2; 1999 c.565 §5](1) A person commits the offense of failure
of a Class I or Class III all-terrain vehicle operator or passenger to
wear a motorcycle helmet if the person is under 18 years of age, operates
or rides on a Class I or Class III all-terrain vehicle on premises open
to the public and is not wearing a motorcycle helmet.

(2) The requirement to wear a motorcycle helmet does not apply if
the all-terrain vehicle is:

(a) Used exclusively in farming, agricultural or forestry
operations or used by persons licensed under ORS chapter 571 exclusively
for nursery or Christmas tree growing operations.

(b) Being used on land owned or leased by the owner of the vehicle.

(3) The offense described in this section, failure of a Class I or
Class III all-terrain vehicle operator or passenger to wear a motorcycle
helmet, is a Class D traffic violation. [1995 c.775 §§2,10](1) A person commits the offense of endangering a
Class I or Class III all-terrain vehicle operator or passenger if:

(a) The person is operating a Class I or Class III all-terrain
vehicle on premises open to the public and the person carries another
person on the Class I or Class III all-terrain vehicle who is under 18
years of age and is not wearing a motorcycle helmet; or

(b) The person is the parent, legal guardian or person with legal
responsibility for the safety and welfare of a child under 18 years of
age and the child operates or rides on a Class I or Class III all-terrain
vehicle on premises open to the public without wearing a motorcycle
helmet.

(2) The requirement to wear a motorcycle helmet does not apply if
the all-terrain vehicle is:

(a) Used exclusively in farming, agricultural or forestry
operations or used by persons licensed under ORS chapter 571 exclusively
for nursery or Christmas tree growing operations.

(b) Being used on land owned or leased by the owner of the vehicle.

(3) The offense described in this section, endangering a Class I or
Class III all-terrain vehicle operator or passenger, is a Class D traffic
violation. [1995 c.775 §§3,11](1) If a child who is in violation of ORS 821.202 is 11 years of
age or younger, any citation issued shall be issued to the parent, legal
guardian or person with legal responsibility for the safety and welfare
of the child for violation of ORS 821.203, rather than to the child for
violation of ORS 821.202.

(2) If a child who is in violation of ORS 821.202 is at least 12
years of age and is under 18 years of age, a citation may be issued to
the child for violation of ORS 821.202 or to the parent, legal guardian
or person with legal responsibility for the safety and welfare of the
child for violation of ORS 821.203, but not to both. [1995 c.775 §4](1) A person commits the offense of operating an improperly
equipped snowmobile if the person operates any snowmobile without all of
the following equipment:

(a) A lighted headlight and taillight.

(b) An adequate braking device that may be operated either by hand
or foot.

(c) An adequate and operating muffling device that shall
effectively blend the exhaust and motor noise in such a manner so as to
preclude excessive or unusual noise and, on snowmobiles manufactured
after January 4, 1973, that shall effectively maintain such noise at a
level of 82 decibels or below on the “A” scale at 100 feet.

(2) The Department of State Police shall establish procedures for
testing of noise levels consistent with this section.

(3) Snowmobiles used in organized racing events in an area
designated for that purpose may use a bypass or cutout device without
violation of the requirements for muffling devices and for noise levels
under this section.

(4) In addition to other penalties provided by this section, the
owner or operator of a snowmobile may be liable as provided under ORS
821.310.

(5) The offense described in this section, improperly equipped
snowmobile, is a Class D traffic violation. [1983 c.338 §728; 1985 c.393
§44; 1995 c.383 §112](1) A person commits the offense of operating an
improperly equipped all-terrain vehicle if the person operates any
all-terrain vehicle without the following equipment:

(a) An adequate braking device that may be operated either by hand
or foot.

(b) An adequate and operating muffling device that shall be
maintained in good working order and in constant operation and shall
effectively blend the exhaust and motor noise in such a manner so as to
comply with all applicable noise emission standards established by the
Department of Environmental Quality.

(2) The Department of Environmental Quality shall establish
procedures for testing of noise levels consistent with this section.

(3) All-terrain vehicles used in organized racing events in an area
designated for that purpose shall comply with the motor sports vehicles
and facilities regulations of the Department of Environmental Quality.

(4) In addition to other penalties provided by this section, the
owner or operator of an all-terrain vehicle may be liable as provided
under ORS 821.310.

(5) The offense described in this section, operating an improperly
equipped all-terrain vehicle, is a Class C traffic violation. [1985 c.459
§30; 1987 c.587 §12; 1989 c.991 §14; 1995 c.383 §33; 1999 c.59 §245](1) A person commits the offense of operating an
all-terrain vehicle without proper lighting equipment if the person
operates an all-terrain vehicle during times when limited visibility
conditions exist and the vehicle is not equipped with a taillight and a
lighted headlight.

(2) Nothing in this section requires an all-terrain vehicle to be
equipped with a headlight or taillight if the vehicle is not operated
during times when limited visibility conditions exist.

(3) The offense described in subsection (1) of this section,
operating an all-terrain vehicle without proper lighting equipment, is a
Class C traffic violation. [1985 c.459 §30a; 1987 c.587 §13; 1989 c.991
§15; 1995 c.383 §34](1) A person commits the offense of operating a
snowmobile or an all-terrain vehicle while carrying a firearm or bow if
the person operates any snowmobile or all-terrain vehicle with a firearm
in the possession of the person, unless the firearm is unloaded, or with
a bow, unless all arrows are in a quiver.

(2) The offense described in this section, operating a snowmobile
or an all-terrain vehicle while carrying a firearm or bow, is a Class B
traffic violation. [1983 c.338 §729; 1985 c.393 §45; 1985 c.459 §31a;
1987 c.587 §14; 1989 c.991 §15a; 1991 c.589 §1](1) A person commits the offense of
permitting dangerous operation of a snowmobile or an all-terrain vehicle
if the person is the owner or other person having charge or control of a
snowmobile or an all-terrain vehicle and the person knowingly authorizes
or permits any person to operate the vehicle across a highway who is:

(a) Incapable by reason of age, physical or mental disability; or

(b) Under the influence of intoxicating liquor, inhalants or
controlled substances.

(2) In addition to other penalties provided by this section,
operators or owners may be liable as provided under ORS 821.310.

(3) The offense described in this section, permitting dangerous
operation of a snowmobile or an all-terrain vehicle, is a Class A traffic
violation. [1983 c.338 §730; 1985 c.393 §46; 1985 c.459 §32; 1987 c.587
§15; 1989 c.991 §16; 1999 c.619 §14](1) A person commits the offense of
hunting or harassing animals from a snowmobile or an all-terrain vehicle
if the person does any of the following:

(a) Operates a snowmobile or an all-terrain vehicle in a manner so
as to run down, harass, chase or annoy any game animals or birds or
domestic animals.

(b) Hunts from a snowmobile or an all-terrain vehicle.

(2) This section does not apply to:

(a) Officers of the State Fish and Wildlife Commission.

(b) Persons under contract to the commission in the performance of
their official duties.

(c) Individuals who have secured a permit from the commission for
purposes of research and study.

(3) In addition to other penalties provided by this section,
operators or owners of a snowmobile or an all-terrain vehicle may be
liable as provided under ORS 821.310.

(4) The offense described in this section, hunting or harassing
animals from a snowmobile or an all-terrain vehicle, is a Class C
misdemeanor. [1983 c.338 §731; 1985 c.16 §353; 1985 c.393 §47; 1985 c.459
§33; 1987 c.587 §16; 1989 c.991 §16a](1) A person
commits the offense of committing unlawful damage with a snowmobile,
Class I or Class II all-terrain vehicle if the person operates any
snowmobile, Class I or Class II all-terrain vehicle in any area or in
such a manner so as to expose the underlying soil or vegetation or to
injure, damage or destroy trees or growing crops.

(2) In addition to other penalties provided by this section, the
owner or operator of a snowmobile, Class I or Class II all-terrain
vehicle may be liable as provided under ORS 821.310.

(3) The offense described in this section, committing unlawful
damage with a snowmobile, Class I or Class II all-terrain vehicle, is a
Class B traffic violation. [1983 c.338 §733; 1985 c.459 §35; 1987 c.587
§17](1) A person commits the offense of
committing unlawful damage with a Class III all-terrain vehicle if the
person operates any Class III all-terrain vehicle in any area or in such
a manner so as to injure, damage or destroy trees or growing crops.

(2) In addition to other penalties provided by this section, the
owner or operator of a Class III all-terrain vehicle may be liable as
provided under ORS 821.310.

(3) The offense described in this section, committing unlawful
damage with a Class III all-terrain vehicle, is a Class B traffic
violation. [1989 c.991 §17a]Note: 821.285 was added to and made a part of ORS chapter 821 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) A person commits the offense of dangerous
operation of a snowmobile or an all-terrain vehicle if the person does
any of the following:

(a) Operates a snowmobile or an all-terrain vehicle at a rate of
speed greater than reasonable and proper under the existing conditions.

(b) Operates a snowmobile or an all-terrain vehicle in a negligent
manner so as to endanger the person or property of another or to cause
injury or damage to either.

(2) In addition to other penalties provided by this section, the
owner or operator of a snowmobile or an all-terrain vehicle may be liable
as provided under ORS 821.310.

(3) The offense described in this section, dangerous operation of a
snowmobile or an all-terrain vehicle, is a Class B traffic violation.
[1983 c.338 §734; 1985 c.459 §36; 1987 c.587 §18; 1989 c.991 §18](1) A person commits the offense of endangering a Class III
all-terrain vehicle operator if the person is the parent, legal guardian
or person with legal responsibility for the safety and welfare of a child
at least seven years of age but under 12 years of age and the child
operates a Class III all-terrain vehicle on public lands and:

(a) Does not have a Class III all-terrain vehicle operator permit
issued under ORS 390.575; and

(b) Is not accompanied by the parent, legal guardian or person with
legal responsibility who is on the same vehicle, if the vehicle is
designed to carry passengers, or on a separate Class III all-terrain
vehicle.

(2) A person commits the offense of endangering a Class III
all-terrain vehicle operator if the person is the parent, legal guardian
or person with legal responsibility for the safety and welfare of a child
who is under seven years of age and the child operates a Class III
all-terrain vehicle on public lands.

(3) The offense described in this section, endangering a Class III
all-terrain vehicle operator, is a Class C traffic violation. [1995 c.774
§2a; 1999 c.977 §36](1) A person commits the
offense of operating a Class II or Class III all-terrain vehicle in a
prohibited snow area if the person operates a Class II or Class III
all-terrain vehicle on a groomed trail or a designated snowmobile or
cross country ski trail or area during a designated snow use period.

(2) This section does not apply to emergency vehicles or to trail
grooming equipment.

(3) The offense described in this section, operating a Class II or
Class III all-terrain vehicle in a prohibited snow area, is a Class D
traffic violation. [1987 c.587 §7; 1989 c.991 §18a; 1995 c.383 §113](Civil Liability) The operator or the
owner of a snowmobile or all-terrain vehicle used with the permission of
the owner shall be liable for three times the amount of any damage to
trees, shrubs, growing crops or other property injured as the result of
travel by such snowmobile or all-terrain vehicle over the property
involved. The liability under this section is in addition to any
penalties provided in ORS 821.150, 821.190, 821.210 or 821.250 to
821.290. [1983 c.338 §736; 1985 c.393 §49; 1985 c.459 §38; 1987 c.587
§20; 1989 c.991 §20](Fees) The following fees
are established relating to snowmobiles:

(1) Registration under ORS 821.080, $10.

(2) Renewal of registration under ORS 821.080, $10.

(3) Issuance of out-of-state permit under ORS 821.130, $7. [1983
c.338 §737; 1985 c.16 §354; 1985 c.459 §13; 1987 c.261 §5; 1989 c.991
§21; 1995 c.774 §23; 1999 c.977 §37]

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