Bill Text: OR HB2646 | 2011 | Regular Session | Introduced

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Bill Title: Relating to studded tires.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2646 Detail]

Download: Oregon-2011-HB2646-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1611

                         House Bill 2646

Sponsored by Representative GREENLICK (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.

  Requires permit for operation of motor vehicle with studded
tires. Specifies how Department of Transportation is to determine
cost of permit.
  Creates traffic offense of operating motor vehicle with studded
tires without permit. Punishes by maximum fine of $180.

                        A BILL FOR AN ACT
Relating to studded tires; creating new provisions; and amending
  ORS 815.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2011 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) The Department of Transportation shall
determine biennially:
  (a) The dollar amount of damage to highways attributable to the
use of studded tires and retractable studded tires; and
  (b) The number of motor vehicles registered in Oregon that used
studded tires in the years for which the amount of damage is
determined.
  (2) The department shall issue permits for the use of studded
tires and retractable studded tires. A studded tire permit is
valid for a 12-month period but does not authorize use of studded
tires or retractable studded tires at any time that their use is
not authorized under the provisions of ORS 815.165.
  (3) The department shall determine the cost of a studded tire
permit by dividing the amount of damage to highways caused by
studded tires and retractable studded tires by the estimated
number of motor vehicles registered in this state that used
studded tires or retractable studded tires in the previous
calendar year.
  (4) Moneys collected by the department for studded tire permits
under this section shall be deposited in the State Highway Fund
for use in the repair of highways damaged by studded tires and
retractable studded tires.
  (5) The department shall adopt rules necessary for the issuance
and administration of studded tire permits. + }
  SECTION 3.  { + (1) A person commits the offense of operating a
motor vehicle with studded tires without a permit if the person:
  (a) Operates on a highway a motor vehicle registered in Oregon
that has studded tires or retractable studded tires while a
studded tire permit issued for the motor vehicle under section 2
of this 2011 Act is not in or on the motor vehicle in a manner
that makes it readily available for police inspection upon
request; or
  (b) Allows another to operate on a highway a motor vehicle that
is registered in Oregon and owned by the person and that has
studded tires or retractable studded tires while a studded tire
permit issued for the vehicle under section 2 of this 2011 Act is
not in or on the vehicle in a manner that makes it readily
available for police inspection upon request.
  (2) A citation may be issued under this section either to the
operator of the motor vehicle or to the registered owner of the
motor vehicle as shown by the records of the Department of
Transportation.
  (3) The offense described in this section, operating a motor
vehicle with studded tires without a permit, is a Class C traffic
violation. + }
  SECTION 4. ORS 815.165 is amended to read:
  815.165. This section establishes exemptions from ORS 815.160.
The exemptions under this section are in addition to any under
ORS 801.026. Exemptions are partial or complete as described in
the following:
  (1) Any vehicle on any way, thoroughfare or place owned by a
district formed under ORS chapters 545, 547, 551 or a corporation
formed under ORS chapter 554.
  (2) Any vehicle on any road or thoroughfare or property in
private ownership or any road or thoroughfare, other than a state
highway or county road, used pursuant to any agreement with any
agency of the United States or with a licensee of such agency or
both.
  (3) Operations approved under a variance permit issued under
ORS 818.200 are subject to the terms of the permit. It shall be a
defense to any charge of violation of ORS 815.160 if the person
so charged produces a variance permit issued under ORS 818.200
authorizing the operation issued prior to and valid at the time
of the offense.
  (4) Vehicles actually engaged at the time in construction or
repair of highways in this state.
  (5) Traction engines moved upon dirt or unimproved roads.
  (6) Vehicles equipped with chains as defined in ORS 815.045.
  (7) Between November 1 of any year and April 1 of the following
year,  { + if the registered owner of the vehicle has a valid
studded tire permit issued under section 2 of this 2011 Act, + }
vehicles equipped with any tire having on its periphery studs of
metal or other material projecting beyond the tread surface of
the tire not less than four-hundredths (0.04) inch nor more than
six-hundredths (0.06) inch and made of such material that the
studs will wear, through use, at the same rate as the tread
surface of the tire. When the preservation of the highway surface
or the safety of the traveling public so indicates, the
Department of Transportation shall have the authority to shorten
or lengthen the period for the permissible use of such tires in
any area of the state specifically designated by the department.
  (8) School buses with a loaded weight of 10,000 pounds or more.
  (9) Emergency vehicles and ambulances used in an emergency
situation.
  (10) Motor vehicles used for regularly scheduled medical
transport services.
  (11) The owner or lessee of any land adjoining any highway may
move across or along the highway any tractor or implement of
husbandry for the purpose of planting, cultivating, caring for or
harvesting any crop, on condition that the owner or lessee shall
be liable to the State of Oregon for the benefit of the State
Highway Fund with respect to state highways, or to the proper
county for the benefit of the county road fund with respect to
county highways, for any damage or injury done to the highway by
the movement.
  (12) Vehicles equipped with retractable studded tires { + , + }
as defined in ORS 815.045 { + , if the registered owner of the
vehicle has a valid studded tire permit issued under section 2 of
this 2011 Act + }.
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