Bill Text: OR HB2747 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to all-terrain vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2747 Detail]

Download: Oregon-2011-HB2747-Introduced.html

---

     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 2372

                         House Bill 2747

Sponsored by Representative BOONE (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.

  Eliminates requirement that person take Class I or Class III
all-terrain vehicle safety education course prior to issuance of
Class I or Class III all-terrain vehicle operator permit.
  Eliminates requirement that child meet rider fit guidelines in
order to operate Class I all-terrain vehicle.
  Repeals prohibition on carrying loaded firearm or bow while
operating snowmobile or all-terrain vehicle.

                        A BILL FOR AN ACT
Relating to all-terrain vehicles; creating new provisions;
  amending ORS 390.555, 390.570, 390.575, 390.585, 821.170 and
  821.291; and repealing ORS 821.240.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 390.555 is amended to read:
  390.555. The All-Terrain Vehicle Account is established as a
separate account in the State Parks and Recreation Department
Fund, to be accounted for separately. Interest earned by the
All-Terrain Vehicle Account shall be credited to the account.
After deduction of expenses of collection, transfer and
administration, including the expenses of   { - establishment and
operation of - }  Class I all-terrain vehicle   { - safety
education courses and - }  examinations under ORS 390.570 and
Class III all-terrain vehicle   { - safety education courses
and - }  examinations under ORS 390.575, the following moneys
shall be transferred to the account:
  (1) Fees collected by the State Parks and Recreation Department
for issuance of operating permits for all-terrain vehicles under
ORS 390.580 and 390.590.
    { - (2) Fees collected by the department from participants in
the Class I and Class III all-terrain vehicle safety education
courses under ORS 390.570 and 390.575. - }
    { - (3) - }  { +  (2) + } The moneys transferred from the
Department of Transportation under ORS 802.125 that represent
unrefunded fuel tax.
  SECTION 2. ORS 390.570 is amended to read:
  390.570. (1) The State Parks and Recreation Department shall
issue or provide for issuance of a Class I all-terrain vehicle
operator permit to any person who  { + has been found qualified
to operate a Class I all-terrain vehicle. + }  { - : - }

    { - (a) Has taken a Class I all-terrain vehicle safety
education course established under this section and has been
found qualified to operate a Class I all-terrain vehicle; or - }
    { - (b) Is at least 16 years of age, has five or more years
of experience operating a Class I all-terrain vehicle and passes
an equivalency examination. - }
  (2) The department shall adopt rules to provide for Class I
all-terrain vehicle   { - safety education courses,
equivalency - } examinations and the issuance of Class I
all-terrain vehicle operator permits   { - consistent with this
section - } .   { - The rules adopted by the department shall be
consistent with the following: - }
    { - (a) The courses must be given by instructors designated
by the department as qualified to conduct the courses and issue
the permits. - }
    { - (b) The instructors may be provided and permits issued
through public or private local and state organizations meeting
qualifications established by the department. - }
    { - (c) The department may collect a fee of not more than $5
from each participant in a course established under this
section. - }
  SECTION 3. ORS 390.575 is amended to read:
  390.575. (1) The State Parks and Recreation Department shall
issue or provide for issuance of a Class III all-terrain vehicle
operator permit to any person who  { + has been found qualified
to operate a Class III all-terrain vehicle. + }  { - : - }
    { - (a) Has taken a Class III all-terrain vehicle safety
education course established under this section and has been
found qualified to operate a Class III all-terrain vehicle;
or - }
    { - (b) Is at least 16 years of age, has five or more years
of experience operating a Class III all-terrain vehicle and
passes an equivalency examination. - }
  (2) The department shall adopt rules to provide for Class III
all-terrain vehicle   { - safety education courses,
equivalency - } examinations and the issuance of Class III
all-terrain vehicle operator permits   { - consistent with this
section - } .   { - The rules adopted by the department shall be
consistent with the following: - }
    { - (a) The courses must be given by instructors designated
by the department as qualified to conduct the courses and issue
the permits. - }
    { - (b) The instructors may be provided and permits issued
through public or private local and state organizations meeting
qualifications established by the department. - }
    { - (c) The department may collect a fee of not more than $5
from each participant in a course established under this
section. - }
  SECTION 4. ORS 390.585 is amended to read:
  390.585.   { - (1) - }  The State Parks and Recreation
Department may adopt rules necessary for carrying out the duties
imposed by ORS 390.550 to 390.590.
    { - (2) The department shall adopt rules establishing rider
fit guidelines to ensure that an all-terrain vehicle properly
fits the operator of the vehicle. - }
  SECTION 5. ORS 821.170 is amended to read:
  821.170. (1) A person 16 years of age or older 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 hold a valid
Class I all-terrain vehicle operator permit issued under ORS
390.570.
  (2) A child under 16 years of age commits the offense of
operation of a Class I all-terrain vehicle without driving
privileges if the child operates a Class I all-terrain vehicle on

public lands and the child does not meet all the following
conditions:
  (a) The child must be accompanied by a person who is at least
18 years of age, holds a valid all-terrain vehicle operator
permit issued under ORS 390.570 or 390.575 and is able to provide
immediate assistance and direction to the child.
  (b) The child must hold a valid Class I all-terrain vehicle
operator permit issued under ORS 390.570.
    { - (c) The child must meet rider fit guidelines established
by the State Parks and Recreation Department under ORS
390.585. - }
  (3) This section 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; and
  (b) Being used on land owned or leased by the owner of the
vehicle.
  (4) The offense described in this section, operation of Class I
all-terrain vehicle without driving privileges, is a Class C
traffic violation.
  SECTION 6. ORS 821.291 is amended to read:
  821.291. (1) A person commits the offense of endangering a
Class I 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 under 16 years of age and the child
operates a Class I all-terrain vehicle on public lands and:
  (a) Does not have a Class I all-terrain vehicle operator permit
issued under ORS 390.570; { +  and + }
  (b) Is not accompanied by a person who is at least 18 years of
age, holds a valid all-terrain vehicle operator permit issued
under ORS 390.570 or 390.575 and is able to provide immediate
assistance and direction to the child  { - ; and - }  { + . + }
    { - (c) Is not in compliance with the rider fit guidelines
established by the Parks and Recreation Department under ORS
390.585. - }
  (2) This section 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; and
  (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 all-terrain vehicle operator, is a Class C traffic violation.
  SECTION 7.  { + ORS 821.240 is repealed. + }
  SECTION 8.  { + (1) The amendments to ORS 390.570 and 390.575
by sections 2 and 3 of this 2011 Act apply to permits issued on
or after the effective date of this 2011 Act.
  (2) The amendments to ORS 821.170 and 821.291 by sections 5 and
6 of this 2011 Act apply to offenses committed on or after the
effective date of this 2011 Act. + }
                         ----------