Bill Text: OR HB3483 | 2011 | Regular Session | Introduced
Bill Title: Relating to vehicle lighting; prescribing an effective date.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3483 Detail]
Download: Oregon-2011-HB3483-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 2942
House Bill 3483
Sponsored by Representative WHISNANT; Representative THOMPSON
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 use of headlights when windshield wipers are
on. Punishes by maximum fine of $90.
Takes effect July 1, 2012.
A BILL FOR AN ACT
Relating to vehicle lighting; creating new provisions; amending
ORS 811.515 and 811.520; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 811.515 is amended to read:
811.515. This section establishes requirements for ORS 811.520.
Except where an exemption under ORS 811.525 specifically provides
otherwise, a vehicle that does not comply with this section is in
violation of ORS 811.520. Where specific types of lighting
equipment are mentioned in this section, those types are types
described in ORS 816.040 to 816.290. The requirements under this
section are as follows:
(1) Subject to any other provision of this section, any
lighting equipment a vehicle is required to be equipped with
under ORS 816.040 to 816.290 must be displayed when the vehicle
is upon a highway within this state { + :
(a) + } At any time limited visibility conditions exist.
{ + (b) At any time the windshield wipers of the vehicle are
in operation, unless the windshield wipers are being operated
solely for the purpose of cleaning the windshield. + } { - The
provisions of this subsection apply during the times stated when
the required visibility is measured on a straight, level
unlighted highway. - }
(2) Parking lights and lights other than clearance,
identification and marker lights that are mounted on the front of
a vehicle and are designed to be displayed primarily when the
vehicle is parked { - shall - } { + may + } not be lighted
when a vehicle is driven upon a highway at times when limited
visibility conditions exist except when:
(a) The lights are being used as turn signals; or
(b) The headlights are also lighted at the same time.
(3) Any vehicle parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during times
when limited visibility conditions exist must display parking
lights.
(4) All vehicles not specifically required by ORS 816.320 to be
equipped with lighting equipment shall at times when limited
visibility conditions exist display exempt-vehicle safety
lighting equipment. This section includes, but is not limited to,
animal drawn vehicles and vehicles exempted from required
lighting equipment under ORS 816.340.
(5) Tow vehicle warning lights on tow vehicles shall be
activated when the tow vehicles are engaged in connecting with
other vehicles and drawing such vehicles onto highways or while
servicing disabled vehicles.
(6) When limited visibility conditions exist a person shall use
a distribution of light or composite beam that is directed
sufficiently high and that is of such intensity so as to reveal
persons and vehicles on the highway at a safe distance in advance
of the vehicle. A person violates this subsection if the person
does not comply with the following:
(a) Whenever the driver of a vehicle approaches an oncoming
vehicle within 500 feet, the driver must use a distribution of
light or composite beam so aimed that the glaring rays are not
projected into the eyes of the oncoming driver. The use of the
low beams of the vehicle headlight system is in compliance with
this paragraph at all times regardless of road contour and
loading of the vehicle.
(b) Except when in the act of overtaking or passing, a driver
of a vehicle following another vehicle within 350 feet to the
rear must use the low beams of the vehicle headlight system.
(7) When a vehicle is upon a highway a person { - shall light
not - } { + may not light + } more than a total of four lights
at any one time that are mounted on the front of a vehicle and
that each projects a beam of intensity greater than 300
candlepower.
(8)(a) A light, other than a headlight, that projects a beam of
light of an intensity greater than 300 candlepower
{ - shall - } { + may + } not be operated on a vehicle:
(A) Unless the beam is so directed that no part of the high
intensity portion of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than 75
feet from the vehicle; or
(B) Except as provided in paragraph (b) of this subsection,
when use of the low beams of the vehicle headlight system is
required under subsection (6) of this section.
(b) Notwithstanding paragraph (a)(B) of this subsection, a
light, other than a headlight, may be lighted on a motorcycle
provided that the intensity of the light does not exceed the
intensity of the low beams of the headlight system. A motorcycle
may not be operated with more than two lights, other than
headlights, under this paragraph.
(9) A spotlight { - shall - } { + may + } not be lighted
upon approaching another vehicle unless the spotlight is so aimed
and used so that no part of the high-intensity portion of the
beam will be directed to the left of the prolongation of the
extreme left side of the vehicle upon which it is mounted, more
than 100 feet ahead of the vehicle.
(10) Auxiliary lights mounted higher than 54 inches
{ - shall - } { + may + } not be lighted when the vehicle is
used on a highway.
(11) A back-up light { - shall - } { + may + } not be
lighted when the vehicle is in forward motion.
(12) Bus safety lights shall only be operated in accordance
with the following:
(a) The lights may be operated when the vehicle is stopping or
has stopped for the purpose of loading or unloading students who
are going to or from any school or authorized school activity or
function.
(b) The lights may be operated when the vehicle is stopping or
has stopped for the purpose of loading or unloading workers from
worker transport buses.
(c) The lights may be operated when the vehicle is stopping or
has stopped for the purpose of loading or unloading children
being transported to or from religious services or an activity or
function authorized by a religious organization.
(d) The lights may be operated when the vehicle is stopping or
has stopped in a place that obstructs other drivers' ability to
see the bus safety lights on another vehicle.
(e) Notwithstanding any other paragraph of this subsection, the
lights { - shall - } { + may + } not be operated if the
vehicle is stopping or has stopped at an intersection where
traffic is controlled by electrical traffic control signals,
other than flashing signals, or by a police officer.
(f) Notwithstanding any other paragraph of this subsection, the
lights { - shall - } { + may + } not be operated if the
vehicle is stopping or has stopped at a loading or unloading area
where the vehicle is completely off the roadway.
(13)(a) Hazard lights shall be used for the purpose of warning
the operators of other vehicles of the presence of a vehicular
traffic hazard requiring the exercise of unusual care in
approaching, overtaking or passing.
(b) Hazard lights shall be used by the first and last vehicles
in a funeral procession.
(14) Mail delivery lights may be used only while in active
service transporting United States mail for the purpose of
warning other vehicle operators of the vehicle's presence and to
exercise caution in approaching, overtaking or passing. A vehicle
with mail delivery lights is in compliance with this subsection
if the lights are flashed continuously while the vehicle is in
motion in active service transporting mail or if the lights are
actuated by application of the service brake while the vehicle is
parked.
(15) A pilot vehicle warning light may be activated only when
the vehicle equipped with the light is an escort accompanying a
motor vehicle carrying or towing a load of a size or description
not permitted under ORS 818.020, 818.060, 818.090 or 818.160.
(16) Fire company warning lights authorized under a permit
granted under ORS 818.250 may be used by the persons authorized
under the permit while being driven to a fire station or fire
location in response to a fire alarm. Fire company warning lights
authorized under ORS 811.800 may be used by funeral escort
vehicle or funeral lead vehicle drivers while driving in a
funeral procession. The lights shall be covered or otherwise
concealed when not being displayed as provided in this
subsection.
(17) Any lighted headlights upon a parked vehicle shall be
dimmed.
(18) Commercial vehicle warning lights may be used only:
(a) To warn operators of other vehicles of the presence of a
traffic hazard requiring the exercise of unusual care in
approaching, overtaking or passing the commercial vehicle; and
(b) When the commercial vehicle is being used for commercial
purposes and the vehicle is:
(A) Stopped, parked or left standing at a commercial or work
site; or
(B) In a highway work zone as defined in ORS 811.230.
SECTION 2. ORS 811.520 is amended to read:
811.520. (1) A person commits the offense of unlawful use or
failure to use lights if the person does any of the following:
(a) Drives or moves on any highway any vehicle at a time when
vehicle lighting is required to be operated or is prohibited from
being operated under ORS 811.515 and operates or fails to operate
lighting equipment as required under ORS 811.515.
(b) Owns a vehicle or combination of vehicles and causes or
knowingly permits the vehicle or combination of vehicles to be
driven or moved on any highway at a time when ORS 811.515
requires or prohibits the operation of vehicle lighting equipment
without compliance with the requirements under ORS 811.515.
(c) Drives any vehicle in a funeral procession without using
the low beam headlights.
(2) The application of this section is subject to the
exemptions from this section established under ORS 811.525.
{ + (3) Notwithstanding ORS 810.410, a police officer may
enforce ORS 811.515 (1)(b) only as a secondary action when a
driver of a motor vehicle has been detained for a separate
suspected traffic violation or some other offense. + }
{ - (3) - } { + (4) + } The offense described in this
section, unlawful use of or failure to use lights, is a Class B
traffic violation, except that violation of ORS 811.515
{ + (1)(b), + } (3), (4), (13) or (17) or subsection (1)(c) of
this section is a Class D traffic violation.
SECTION 3. { + The amendments to ORS 811.515 and 811.520 by
sections 1 and 2 of this 2011 Act apply to offenses that occur on
or after the effective date of this 2011 Act. + }
SECTION 4. { + This 2011 Act takes effect on July 1, 2012. + }
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