Bill Text: OR SB769 | 2013 | Regular Session | Introduced

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Bill Title: Relating to bicycle registration; appropriating money.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB769 Detail]

Download: Oregon-2013-SB769-Introduced.html

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     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 2846

                         Senate Bill 769

Sponsored by Senator GEORGE

                             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 registration of bicycles. Imposes $10 registration
fee.
  Creates offense of failure to register bicycle. Punishes by
presumptive fine of $25. Provides exemptions.
  Creates offense of failure to ensure bicycle registration.
Punishes by presumptive fine of $25. Provides exemptions.
  Creates offense of failure to report change of ownership or
change of address to Department of Transportation. Punishes by
presumptive fine of $25.
  Establishes Bicycle Transportation Improvement Fund.
Continuously appropriates moneys in fund to Department of
Transportation for bicycle related transportation improvement
projects.

                        A BILL FOR AN ACT
Relating to bicycle registration; creating new provisions;
  amending ORS 153.633 and 803.305; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 7 of this 2013 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + As used in sections 2 to 7 of this 2013 Act:
  (1) 'Bicycle' has the meaning given that term in ORS 801.150
except that:
  (a) 'Bicycle' also includes vehicles that meet the criteria
specified in ORS 801.150 (1) to (4) but that have wheels 14
inches or less in diameter.
  (b) 'Bicycle' does not include tricycles designed to be ridden
by children.
  (2) 'Registration' means:
  (a) Completion of the application form;
  (b) Payment of the required fee; and
  (c) Placement of the registration decal on the bicycle in a
position that is plainly visible at all times. + }
  SECTION 3.  { + (1) A person who operates a bicycle on a
highway or on premises open to the public and who is a resident
of this state shall register the bicycle as provided in this
section.
  (2) Upon application to the Department of Transportation or to
an agent of the department, the operator of a bicycle shall be
issued a registration certificate and a registration decal that
are serially numbered to correspond with each other and that are
in a form and design approved by the department. The registration
certificate shall show the name and address of the applicant, the
date of issuance of the certificate and the serial number or
model of the bicycle.
  (3) The registration fee is $10 and must be paid at the time of
registration. The department shall deposit the fee in the Bicycle
Transportation Improvement Fund established under section 4 of
this 2013 Act. + }
  SECTION 4.  { + The Bicycle Transportation Improvement Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Bicycle Transportation
Improvement Fund shall be credited to the fund. All funds
remitted to the Department of Transportation from the fee
established in section 3 of this 2013 Act shall be deposited in
the fund and are continuously appropriated to the Department of
Transportation to pay for development and maintenance of bicycle
lanes, bicycle paths and other bicycle related transportation
improvement projects. + }
  SECTION 5.  { + (1) A person commits the offense of failure to
register a bicycle if the person operates a bicycle on a highway
or on premises open to the public without registering the bicycle
as provided in section 3 of this 2013 Act.
  (2) Except as provided in subsections (5) and (8) of this
section, the offense described in subsection (1) of this section,
failure to register a bicycle, is a specific fine traffic
violation. The presumptive fine for failure to register a bicycle
is $25.
  (3) A person commits the offense of failure to ensure bicycle
registration 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 bicycle on a
highway or on premises open to the public without registering the
bicycle as provided in section 3 of this 2013 Act.
  (4) Except as provided in subsections (5) and (8) of this
section, the offense described in subsection (3) of this section,
failure to ensure bicycle registration, is a specific fine
traffic violation. The presumptive fine for failure to ensure
bicycle registration is $25.
  (5) The first time a person is convicted of an offense
described in subsection (1) or (3) of this section, the person is
not required to pay a fine if the person proves to the
satisfaction of the court that the person has registered the
bicycle as provided in section 3 of this 2013 Act.
  (6) If a child in violation of subsection (1) of this section
is 11 years of age or younger, any citation issued shall be
issued to the parent, legal guardian or person with legal
responsibility for the safety and welfare of the child for
violation of subsection (3) of this section rather than to the
child for violation of subsection (1) of this section.
  (7) If a child in violation of subsection (1) of this section
is at least 12 years of age and is under 16 years of age, a
citation may be issued to the child for violation of subsection
(1) of this section or to the parent, legal guardian or person
with legal responsibility for the safety and welfare of the child
for violation of subsection (3) of this section, but not to both.
  (8) This section does not apply to:
  (a) Bicycles held by a person who is engaged, wholly or partly,
in the business of selling bicycles, buying or taking in trade
bicycles for the purpose of resale, or offering bicycles for sale
or trade.
  (b) Bicycles not operated on the highways of this state. + }
  SECTION 6.  { + (1) Whenever the owner of any bicycle
registered under section 3 of this 2013 Act sells or transfers
ownership of the bicycle, the owner shall report the sale or
transfer to the Department of Transportation within 30 days of
the sale or transfer.
  (2) Whenever the owner of any bicycle registered under section
3 of this 2013 Act changes address, the owner shall notify the
department of the new address within 30 days of the change of
address.
  (3) A person commits the offense of failure to report a change
of ownership or change of address to the department if the person
fails to report a change of ownership or change of address to the
department as required by this section. The offense of failure to
report a change of ownership or change of address to the
department is a specific fine violation. The presumptive fine for
failure to report a change of ownership or change of address to
the department is $25. + }
  SECTION 7.  { + (1) The Department of Transportation shall
adopt rules to implement and enforce a program of bicycle
registration under sections 2 to 7 of this 2013 Act, including
designation of convenient sites where registration certificates
and registration decals may be issued.
  (2) The department may appoint agents to issue the registration
certificates and registration decals and to collect the fee
authorized in section 3 of this 2013 Act.
  (3) In addition to the fee for the issuance of a registration
certificate and registration decal, an issuing agent may charge
and collect 50 cents for each registration decal issued for the
issuance service performed by the agent.
  (4) If the department finds that an agent appointed pursuant to
this section has violated any of the provisions of this section
or the procedures prescribed by the department for the issuance
of registration certificates and registration decals or the
collection of fees from issuance of registration certificates and
registration decals, the department may revoke the authority of
the agent to issue registration certificates and registration
decals or may suspend the authority of the agent for such time as
the department considers appropriate. + }
  SECTION 8. ORS 803.305 is amended to read:
  803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
  (1) Road rollers, farm tractors, trolleys and traction engines
are exempt from registration.
    { - (2) Bicycles are exempt from registration. - }
    { - (3) - }  { +  (2) + } A vehicle is exempt from
registration if it has registration issued for the vehicle by the
Armed Forces of the United States where the registration is
issued in a foreign country to a vehicle owned by a member of the
Armed Forces. The exemption granted by this subsection applies
only for a period of 45 days from the time the vehicle is
returned to the United States.
    { - (4) - }  { +  (3) + } A vehicle is exempt from
registration if it is not operated on the highways of this state.
    { - (5) - }  { +  (4) + } A trailer is exempt from
registration if it is equipped with pneumatic tires made of
elastic material and is not operated in this state with a loaded
weight of more than 1,800 pounds. A trailer for hire, travel
trailer or camper is not exempt by this subsection.
    { - (6) - }  { +  (5) + } Vehicles owned and operated by the
United States Government are exempt from registration.
    { - (7) - }  { +  (6) + } Snowmobiles are subject to the
requirements for registration provided under ORS 821.080 to
821.110.

    { - (8) - }  { +  (7) + } Implements of husbandry, well
drilling machinery, emergency fire apparatus providing public
fire protection and wheelchairs are exempt from registration.
    { - (9) - }  { +  (8) + } Road graders, farm tractors and
farm trailers on highways are exempt from registration when the
operation of the vehicle upon the highway is incidental to its
use in an agricultural operation.
    { - (10) - }  { +  (9) + } Except as provided in subsection
 { - (26) - }  { +  (25) + } of this section, fixed load vehicles
are exempt from registration while the vehicles are operated:
  (a) In the construction or reconstruction of state or county
roads, highways or city streets; and
  (b) Within the immediate construction projects, as described in
the governmental agency contract under which the work is being
performed.
    { - (11) - }  { +  (10) + } Motor vehicles designed to
operate at a loaded weight over 8,000 pounds, trailers and
equipment are exempt from registration while being used for the
purposes of forest protection and fire suppression under ORS
chapter 477 or a similar federal statute. The exemption under
this subsection applies to the vehicles or equipment described
while being moved to or from the work area. The exemption under
this subsection only applies to vehicles or equipment owned,
leased, contracted for or requisitioned by the State Forester or
State Board of Forestry, a contractor of the State Forester or
State Board of Forestry under ORS chapter 477 or the United
States Government.
    { - (12) - }  { +  (11) + } Vehicles being used for the
purposes of forest protection and fire suppression are exempt if
the vehicles are necessary in order to comply with ORS 477.615 or
477.650 or a similar federal statute. The exemption under this
subsection also applies to the vehicles described being moved to
or from the work area.
    { - (13) - }  { +  (12) + } Golf cart exemptions from
registration are as provided in ORS 820.210.
    { - (14) - }  { +  (13) + } Vehicles currently registered and
titled in any other country, state or territory are not required
to be registered by this state. All of the following apply to
this subsection:
  (a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state or has been a resident of this state for
less than 30 days. For the purpose of this paragraph, a person is
a resident of this state if the person meets the residency
requirements described in ORS 803.200.
  (b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
  (c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
  (A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
  (B) Vehicles operated under an exemption established under ORS
802.520.
  (C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
  (D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
  (d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
  (e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
    { - (15) - }  { +  (14) + } Vehicles operated or used by
vehicle dealers may be operated or used without registration as
provided under ORS 822.040.
    { - (16) - }  { +  (15) + } Vehicles towed by towing
businesses may be towed without registration as provided under
ORS 822.210.
    { - (17) - }  { +  (16) + } Vehicles without registration may
be transported by vehicle transporters as provided under ORS
822.310.
    { - (18) - }  { +  (17) + } Vehicles that are not registered
may be operated under trip permits described under ORS 803.600 or
under permits described under ORS 803.610 to 803.625.
    { - (19) - }  { +  (18) + } If trailers that are part of a
fleet of trailers for hire are properly registered in this state
under an agreement entered into pursuant to ORS 802.500, all
trailers that are identified as being a part of the same fleet
and that are currently registered in any state, territory,
province, country or the District of Columbia shall be permitted
to operate in this state in both interstate and intrastate
commerce without being registered by this state.
    { - (20) - }  { +  (19) + } Vehicles that are registered by
the United States Department of State and that are owned or
operated by foreign nationals with diplomatic immunity are exempt
from registration.
    { - (21) - }  { +  (20) + } Tow dollies and converter dollies
are exempt from registration.
    { - (22) - }  { +  (21) + } Class I, Class III and Class IV
all-terrain vehicles are exempt from registration.
    { - (23) - }  { +  (22) + } Motor assisted scooters are
exempt from registration.
    { - (24) - }  { +  (23) + } Electric personal assistive
mobility devices are exempt from registration.
    { - (25) - }  { +  (24) + } A racing activity vehicle that is
being operated for the purposes of a test drive within a 30-mile
radius of the location where the vehicle is manufactured is
exempt from registration.
    { - (26) - }  { +  (25) + } Road machinery that is operated
at the direction of a road authority is exempt from registration.
The exemption under this subsection also applies when the
operation of road machinery upon a highway or an alley is
incidental to its use in a highway maintenance operation.
  SECTION 9. ORS 153.633, as amended by section 15, chapter 89,
Oregon Laws 2012, is amended to read:
  153.633. (1) In any criminal action in which a fine is imposed,
the lesser of the following amounts is payable to the state
before any other distribution of the fine is made:
  (a) $60; or
  (b) The amount of the fine if the fine is less than $60.
  (2) A justice or municipal court shall forward the amount
prescribed under subsection (1) of this section to the Department
of Revenue for deposit in the Criminal Fine Account.
  (3) The provisions of this section do not apply to fines
imposed in justice and municipal courts under ORS 811.590,
814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1) { +
or section 5 or 6 of this 2013 Act + }.
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