Bill Text: OR HB2109 | 2013 | Regular Session | Introduced
Bill Title: Relating to motor vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2109 Detail]
Download: Oregon-2013-HB2109-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1526
House Bill 2109
Sponsored by Representative MATTHEWS (at the request of former
Representative Jean Cowan) (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits person to operate antique vehicle or vehicle of special
interest within 150-mile radius of person's home during daylight
hours.
A BILL FOR AN ACT
Relating to motor vehicles; creating new provisions; and amending
ORS 468A.350, 805.030, 805.210, 806.020, 811.525, 815.075,
815.105, 815.120, 815.175, 815.190, 815.205, 815.210, 815.215,
815.230, 815.250, 815.255, 815.295, 815.300, 816.310, 816.340
and 816.370.
Be It Enacted by the People of the State of Oregon:
{ +
PERMITTED USES OF ANTIQUE VEHICLE + }
{ +
OR VEHICLE OF SPECIAL INTEREST + }
SECTION 1. ORS 805.030 is amended to read:
805.030. (1) A person commits the offense of violation of
registration limits on antique vehicle or vehicle of special
interest if a vehicle is permanently registered under ORS 805.010
or 805.020 and the person uses the vehicle { - : - } { + other
than for exhibitions, parades, club activities and similar
uses. + }
{ - (a) Other than for exhibitions, parades, club activities
and similar uses; or - }
{ - (b) Primarily for the transportation of persons or
property. - }
{ + (2) A person does not commit the offense of violation of
registration limits on antique vehicle or vehicle of special
interest if the person uses an antique vehicle or vehicle of
special interest within a 150-mile radius of the person's home
during daylight hours. + }
{ - (2) - } { + (3) + } The offense described in this
section, violation of registration limits on antique vehicle or
vehicle of special interest, is a Class D traffic violation.
{ +
CONFORMING AMENDMENTS + }
SECTION 2. ORS 468A.350 is amended to read:
468A.350. As used in ORS 468A.350 to 468A.400:
(1) 'Certified system' means a motor vehicle pollution control
system for which a certificate of approval has been issued under
ORS 468A.365 (3).
(2) 'Factory-installed system' means a motor vehicle pollution
control system installed by the manufacturer which meets criteria
for emission of pollutants in effect under federal laws and
regulations applicable on September 9, 1971, or which meets
criteria adopted pursuant to ORS 468A.365 (1), whichever criteria
are stricter.
(3) 'Motor vehicle' includes any self-propelled vehicle used
for transporting persons or commodities on public roads and
highways but does not include a vehicle of special interest as
{ - that term is - } defined in ORS 801.605, if the vehicle
is { + used as permitted under ORS 805.030 + } { - maintained
as a collector's item and used for exhibitions, parades, club
activities and similar uses but not used primarily for the
transportation of persons or property - } , or a racing activity
vehicle as defined in ORS 801.404.
(4) 'Motor vehicle pollution control system' means equipment
designed for installation on a motor vehicle for the purpose of
reducing the pollutants emitted from the vehicle, or a system or
engine adjustment or modification which causes a reduction of
pollutants emitted from the vehicle.
SECTION 3. ORS 805.210 is amended to read:
805.210. (1) The owner of a vehicle of special interest may
apply to the Department of Transportation for permission to use
special interest registration plates. To receive permission to
use special interest registration plates the person must:
(a) { + Use the vehicle only as permitted under ORS
805.030 + }
{ - Maintain the vehicle of special interest as a collectors'
item and use the vehicle only for exhibitions, parades, club
activities and similar uses but not use the vehicle primarily for
the transportation of persons or property - } ;
(b) Supply the special interest registration plates which the
person desires to use; and
(c) Include the plates with the application for permission to
use them.
(2) The department, prior to approval of an application under
this section, shall determine that the special interest
registration plates meet the following requirements:
(a) The plates shall be issued by the State of Oregon for use
on vehicles in this state.
(b) The numbers and characters on the plate shall be
distinctive.
(c) The plates shall be legible, durable and otherwise of a
size, shape, color and design that will serve the purposes of
safety and identification.
(d) If the plates are from a series of plates in current use,
the plates shall be from the same year or period of issue in
which the vehicle was manufactured.
(3) If the special interest registration plate offered for
approval was issued in a year in which single registration plates
only were required, the department shall grant permission for use
of that registration plate alone if it is otherwise acceptable.
(4) If the special interest registration plates offered for
approval are from a series of plates in current use, as described
in subsection (2)(d) of this section, the department may affix a
distinctive sticker to each plate at the time of approval.
Stickers shall be of a size, color and design determined by the
department and shall be displayed on plates in the manner
determined by the department.
(5) The department may approve plates issued by the state that
have been restored to their original color and design provided
that if the plate was reflectorized when originally issued, it
must be fully reflectorized when restored.
SECTION 4. ORS 806.020 is amended to read:
806.020. This section provides exemptions from the necessity
for compliance with or proof of compliance with financial
responsibility requirements in accident reports under ORS
811.725, when applying for vehicle registration under ORS 803.370
or 803.460 and for operating a vehicle under ORS 806.010. The
owner or operator of a vehicle is exempt, as provided by this
section, from financial responsibility requirements if the
vehicle involved in the accident, sought to be registered or
operated is any of the following:
(1) An antique { - motor - } vehicle issued permanent
registration under ORS 805.010.
(2) A farm trailer.
(3) A farm tractor.
(4) An implement of husbandry.
(5) A { - motor - } vehicle of special interest that is { +
used as permitted under ORS 805.030 + } { - maintained as a
collector's item and used for exhibitions, parades, club
activities and similar uses, but not used primarily for the
transportation of persons or property - } .
(6) A snowmobile or a Class I, Class III or Class IV
all-terrain vehicle.
(7) Any motor vehicle not operated on any highway or premises
open to the public in this state.
(8) A motor assisted scooter.
(9) An electric personal assistive mobility device.
SECTION 5. ORS 811.525 is amended to read:
811.525. This section establishes exemptions from ORS 811.515
and 811.520. 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) ORS 811.515 and 811.520 { - shall not be construed to - }
{ + do not + } prohibit the use of additional parts and
accessories on any vehicle not inconsistent with the provisions
of those sections.
(2) Except for the provisions relating to exempt-vehicle safety
lighting equipment, ORS 811.515 and 811.520 do not apply to any
of the following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(d) Antique { - motor - } vehicles that are { + used as
permitted under ORS 805.030 + } { - maintained as a collector's
item and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of
persons or property - } .
(3) Whenever motor and other vehicles are operated in
combination during the time that lights are required, any
lighting equipment, except the taillight, which by reason of its
location on a vehicle of the combination would be obscured by
another vehicle of the combination, need not be lighted. This
subsection
{ - shall - } { + does + } not affect the requirement that
lighted clearance lights be displayed on the front of the
foremost vehicle required to have clearance lights nor the
requirement that all lights on the rear of the rearmost vehicle
of the combination be lighted.
(4) Lighting equipment on bicycles shall be lighted as required
under ORS 815.280.
(5) Parked or stopped vehicles are not required to display
parking lights if the road authority for the highway provides by
ordinance or resolution that no lights need be displayed upon a
vehicle parked on the highway in accordance with legal parking
regulations where there is sufficient light to render clearly
discernible any person or object within a distance of 500 feet
from the highway.
(6) Nothing under ORS 811.515 and 811.520 limits the ability to
use the following lights with any other lights during the day or
at night:
(a) Public vehicle warning lights.
(b) Pilot vehicle warning lights.
(c) Tow vehicle warning lights.
(d) Police lights.
(e) Warning lights on vehicles at the scene of an actual or
potential release of hazardous materials, as described in ORS
816.280.
(f) Warning lights on vehicles being used by medical examiners
to reach the scene of an accident or of a death investigation, as
described in ORS 816.280.
(g) Commercial vehicle warning lights.
(7) Requirements for use of motorcycle and moped headlights are
under ORS 814.320.
(8) Requirements for lighting equipment for an electric
personal assistive mobility device are under ORS 815.284.
SECTION 6. ORS 815.075 is amended to read:
815.075. (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 { + used as permitted under ORS 805.030 + }
{ - 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) Racing activity vehicles are not subject to this section.
(4) The offense described under this section, selling vehicles
or equipment that violates state equipment administrative rules,
is a Class D traffic violation.
SECTION 7. ORS 815.105 is amended to read:
815.105. 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 { + used as permitted under ORS 805.030 + }
{ - 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.
(5) Racing activity vehicles are exempt from ORS 815.030 and
815.100.
SECTION 8. ORS 815.120 is amended to read:
815.120. 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 { + used as permitted under ORS 805.030 + }
{ - 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.
SECTION 9. ORS 815.175 is amended to read:
815.175. 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 { + used as permitted under ORS 805.030 + }
{ - 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 - } .
SECTION 10. ORS 815.190 is amended to read:
815.190. 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 { + used as
permitted under ORS 805.030 + } { - 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.
SECTION 11. ORS 815.205 is amended to read:
815.205. 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
{ + used as permitted under ORS 805.030 + } { - 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.
SECTION 12. ORS 815.210 is amended to read:
815.210. (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 { + used as permitted under ORS
805.030 + } { - 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.
SECTION 13. ORS 815.215 is amended to read:
815.215. (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 { + used as permitted under ORS
805.030 + } { - 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.
SECTION 14. ORS 815.230 is amended to read:
815.230. (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 { + used as permitted under ORS 805.030 + }
{ - 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.
SECTION 15. ORS 815.250 is amended to read:
815.250. (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:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Maximum
level, Model,
Vehicle type dBA Year
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
I. Motor vehicles
required to
establish a
registration
weight under
ORS 803.430
and commercial
buses 94....before
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
91....1976 and
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
after
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
II.Motorcycles and
mopeds 94....before
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
91....1976
89....after 1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
IIIMotor vehicles
not described
under I or II 92....before
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
88....1976 and
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
after
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(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 { + used as
permitted under ORS 805.030 + } { - 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.
SECTION 16. ORS 815.255 is amended to read:
815.255. (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 { + used as
permitted under ORS 805.030 + } { - 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.
SECTION 17. ORS 815.295 is amended to read:
815.295. (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 - } { +
does not violate + } 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 { + used as permitted under ORS
805.030 + }
{ - 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.
SECTION 18. ORS 815.300 is amended to read:
815.300. 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) { + Vehicles of special interest that are used as
permitted under ORS 805.030 + } { - 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
who are ill or injured or who have disabilities.
(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, Class III or Class IV 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.
(15) Racing activity vehicles.
SECTION 19. ORS 816.310 is amended to read:
816.310. This section establishes exemptions from ORS 816.040
to 816.300. 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) ORS 816.040 to 816.300 { - shall not be construed to - }
{ + do not + } prohibit the use of additional parts and
accessories on any vehicle not inconsistent with the provisions
of those sections.
(2) Lighting equipment used on vehicles of special interest
that are registered under ORS 805.020 shall be deemed in
compliance with ORS 816.040 to 816.300 if the equipment is
original manufacturer's equipment and accessories, or their
equivalent and if the equipment is maintained in safe operating
condition.
(3) ORS 816.040 to 816.300 do not apply to equipment on any of
the following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(d) Antique { - motor - } vehicles that are { + used as
permitted under ORS 805.030 + } { - maintained as a collector's
item and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of
persons or property - } .
(e) Motorized wheelchairs when used as permitted under ORS
811.440.
(4) On any combination of vehicles, only the lighting equipment
on the rearmost vehicle in the combination of vehicles need be
visible from distances specified under ORS 816.040 to 816.290 for
lighting equipment on the rear of vehicles.
(5) Lighting equipment on bicycles shall meet the requirements
established for such equipment under ORS 815.280.
(6) Vehicle lighting equipment requirements for ambulances and
emergency vehicles are established in ORS 820.350.
(7) Lighting equipment on electric personal assistive mobility
devices shall meet the requirements established in ORS 815.284.
SECTION 20. ORS 816.340 is amended to read:
816.340. This section establishes exemptions from ORS 816.320
and 816.330. The exemptions established 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) ORS 816.320 and 816.330 { - shall not be construed to - }
{ + do not + } prohibit the use of additional parts and
accessories on any vehicle consistent with the provisions of
those sections.
(2) { - Motor - } Vehicles of special interest that are
registered under ORS 805.020 { - shall be deemed - } { +
are + } in compliance with ORS 816.320 and 816.330 if:
(a) The vehicles are equipped with original manufacturer's
equipment and accessories, or their equivalent, and if the
equipment is maintained in safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(3) ORS 816.320 and 816.330 do not apply to any of the
following vehicles:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors, implements of husbandry and farm trailers.
(d) Antique { - motor - } vehicles that are { + used as
permitted under ORS 805.030 + } { - maintained as a collector's
item and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of
persons or property - } .
(4) Motorcycles manufactured before 1973 are not required to be
equipped with turn signals if the motorcycle is not driven during
limited visibility conditions under ORS 811.405 and 811.515.
(5) Truck tractors are not required to be equipped with rear
reflectors.
(6) Pole trailers are not required to be equipped with side
reflectors, side marker lights, clearance lights or
identification lights.
(7) Motor vehicles registered in this state on or before
January 1, 1940, are not required to be equipped with a high-beam
indicator.
(8) Bicycles shall be equipped with lighting equipment as
required under ORS 815.280.
(9) Requirements for warning lights on ambulances are provided
under ORS 820.350 and 820.360.
(10) Electric personal assistive mobility devices shall be
equipped with lighting equipment as required under ORS 815.284.
SECTION 21. ORS 816.370 is amended to read:
816.370. This section establishes exemptions from ORS 816.350
and 816.360. The exemptions established 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) ORS 816.350 and 816.360 { - shall not be construed to - }
{ + do not + } prohibit the use of additional parts and
accessories on any vehicle not inconsistent with the provisions
of those sections.
(2) Lighting equipment used on { - motor - } vehicles of
special interest that are registered under ORS 805.020 shall be
deemed in compliance with ORS 816.350 and 816.360 if the
equipment is original manufacturer's equipment and accessories,
or their equivalent and if the equipment is maintained in safe
operating condition.
(3) ORS 816.350 and 816.360 do not apply to equipment on any of
the following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(d) Antique { - motor - } vehicles that are { + used as
permitted under ORS 805.030 + } { - maintained as a collector's
item and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of
persons or property - } .
(4) Ambulances and emergency vehicles are subject to the
provisions under ORS 820.350 and 820.360.
{ +
APPLICABILITY + }
SECTION 22. { + The amendments to ORS 805.030 by section 1 of
this 2013 Act apply to conduct that occurs on or after the
effective date of this 2013 Act. + }
{ +
CAPTIONS + }
SECTION 23. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
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