Bill Text: OR HB3141 | 2011 | Regular Session | Introduced
Bill Title: Relating to motorcycle helmets; declaring an emergency.
Spectrum: Moderate Partisan Bill (Republican 18-2)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3141 Detail]
Download: Oregon-2011-HB3141-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 1118
House Bill 3141
Sponsored by Representatives OLSON, FREEMAN; Representatives
BAILEY, BERGER, CLEM, ESQUIVEL, GILLIAM, HANNA, HUFFMAN,
JOHNSON, KRIEGER, SPRENGER, THATCHER, THOMPSON, WEIDNER,
WINGARD, Senators FERRIOLI, GIROD, KRUSE, MORSE
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 only persons under 21 years of age to wear motorcycle
helmet while riding on or operating motorcycle.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to motorcycle helmets; creating new provisions; amending
ORS 807.280, 814.269, 814.275 and 814.280; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 807.280 is amended to read:
807.280. The Department of Transportation shall provide for the
issuance of instruction driver permits in a manner consistent
with this section. A person who is issued an instruction driver
permit may exercise the same driving privileges as those under
the class of license or endorsement for which the permit is
issued except as provided in this section or under the permit.
Except as otherwise provided in this section, an instruction
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a license or endorsement
granting the same driving privileges. The following apply to an
instruction driver permit:
(1) An instruction driver permit is subject to the same
classifications and endorsements as a license. The department may
issue an instruction driver permit to grant the same driving
privileges as a Class A commercial, Class B commercial, Class C
commercial or Class C driver license or as a motorcycle
endorsement, but the permit will also be subject to the
provisions of this section.
(2) The department may issue an instruction driver permit to a
person who is qualified to obtain the same driving privileges
under the corresponding class of license or type of endorsement
except for the person's age or lack of experience in the
operation of motor vehicles subject to the following:
(a) An applicant must be 15 years of age or older to receive
the same driving privileges as are granted under a Class C
license.
(b) An applicant must be 16 years of age or older and have a
commercial driver license or a Class C license to receive the
same driving privileges as are granted under a motorcycle
endorsement.
(c) An applicant must be 18 years of age or older to receive
the same driving privileges as are granted under any class of
license not otherwise provided for under this subsection.
(3) The fees required for issuance or renewal of an instruction
driver permit are the instruction driver permit fees under ORS
807.370.
(4) A Class C instruction driver permit shall be valid for 24
months from the date of issuance. All other instruction driver
permits issued under this section shall be valid for one year
from the date of issuance.
(5) When a permit expires or is about to expire, the department
shall renew the permit if the holder of the permit qualifies for
renewal of the permit under this section and applies for renewal:
(a) Within one year of the expiration of a permit issued under
this section; or
(b) Within six months after the applicant is discharged from
the Armed Forces of the United States if the applicant held a
permit issued by this state at the time of the applicant's entry
into the Armed Forces.
(6) To qualify for renewal of a permit, a person must meet all
of the requirements for the type of permit sought to be renewed,
except that the department may waive the examination unless the
department has reason to believe that the applicant is not
qualified for the permit.
(7) A permit that is renewed under this section may be used on
or after the date of issuance. If the department issues a permit
renewal to a person under this section before the expiration of
the permit being renewed, the older permit is invalid. A permit
that becomes invalid under this subsection shall be surrendered
to the department.
(8) The holder of the permit may not operate a motor vehicle
unless the holder has the permit in the holder's immediate
possession and is accompanied by a person with a class of license
granting the same driving privileges or a license with an
endorsement granting the same driving privileges who is not less
than 21 years of age. The accompanying person must be occupying a
seat beside the holder of the permit unless the permit is for
motorcycle driving privileges. For a permit granting motorcycle
driving privileges, the holder of the permit must be in the
company and under the supervision and visual observation of the
accompanying person and the accompanying person must be operating
a separate motorcycle. If the permit authorizes its holder to
operate a commercial motor vehicle, the accompanying person must
have a commercial driver license and the proper endorsements for
the vehicle being operated by the holder of the permit. The
holder of the permit may not operate any motor vehicle
transporting hazardous materials.
(9) The holder of a permit granting motorcycle driving
privileges is subject to the following in addition to any other
requirements under this section:
(a) The holder may only operate a motorcycle during daylight
hours.
(b) The holder may not carry any passengers on the motorcycle.
(c) { + If + } the holder of the permit { + is under 21 years
of age, the holder + } must wear an approved helmet while
operating a motorcycle.
(10)(a) The department may issue an instruction driver permit
to a person with a limited vision condition if a rehabilitation
training specialist certifies to the department that the person
has successfully completed a rehabilitation training program.
(b) As used in this subsection, 'limited vision condition, ' '
rehabilitation training specialist' and 'rehabilitation training
program' have the meanings given those terms in ORS 807.355.
(11) In addition to any other requirements under this section,
the holder of a permit issued under subsection (10) of this
section may operate a motor vehicle only when using a bioptic
telescopic lens.
SECTION 2. ORS 814.269 is amended to read:
814.269. (1) A person commits the offense of failure of a
motorcycle operator to wear a motorcycle helmet if the person
{ + is under 21 years of age, + } operates a motorcycle and is
not wearing a motorcycle helmet.
(2) Exemptions from this section are established in ORS
814.290.
(3) The offense described in this section, failure of a
motorcycle operator to wear a motorcycle helmet, is a Class D
traffic violation.
SECTION 3. ORS 814.275 is amended to read:
814.275. (1) A person commits the offense of failure of a
motorcycle passenger to wear a motorcycle helmet if the person
{ + is under 21 years of age, + } rides as a passenger on a
motorcycle and is not wearing a motorcycle helmet.
(2) Exemptions from this section are established in ORS
814.290.
(3) The offense described in this section, failure of a
motorcycle passenger to wear a motorcycle helmet, is a Class D
traffic violation.
SECTION 4. ORS 814.280 is amended to read:
814.280. (1) A person commits the offense of endangering a
motorcycle passenger if the person is operating a motorcycle and
the person carries another person on the motorcycle who { + is
under 21 years of age and + } is not wearing a motorcycle helmet.
(2) Exemptions from this section are established under ORS
814.290.
(3) The offense described in this section, endangering a
motorcycle passenger, is a Class D traffic violation.
SECTION 5. { + The amendments to ORS 807.280, 814.269, 814.275
and 814.280 by sections 1 to 4 of this 2011 Act apply to persons
who ride on or operate a motorcycle on or after the effective
date of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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