2007 Oregon Code - Chapter 821 :: Chapter 821 - Off-Road Vehicles - Snowmobiles - All-Terrain Vehicles
Chapter 821 —
Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles
2007 EDITION
OFF-ROAD, SNOWMOBILES, ALL-TERRAIN VEHICLES
OFF-ROAD VEHICLES
821.010Â Â Â Â Exemptions
from equipment requirements for off-road vehicles
821.020Â Â Â Â Applicability
of off-road vehicle exemption from general equipment requirements
821.030Â Â Â Â Equipment
standards for off-road vehicles
821.040Â Â Â Â Operation
of off-road vehicle without required equipment; penalty
SNOWMOBILES AND ALL-TERRAIN VEHICLES
(Generally)
821.050Â Â Â Â Limits
on authority of local governments; disposition of fees for snowmobiles
821.055Â Â Â Â Operation
of all-terrain vehicles on certain highways
(Title for Snowmobiles)
821.060Â Â Â Â Issuance;
application; rules; fees
821.070Â Â Â Â Failure
to title; exemptions; penalty
(Registration for Snowmobiles)
821.080Â Â Â Â Issuance;
qualifications; duration; certificate; rules
821.090Â Â Â Â Exemptions
from snowmobile registration requirements
821.100Â Â Â Â Operation
of unregistered snowmobile; penalty
821.110Â Â Â Â Failure
to renew snowmobile registration; penalty
821.120Â Â Â Â Failure
to properly display snowmobile registration numbers; penalty
(Permits)
821.130Â Â Â Â Out-of-state
snowmobile permit; qualifications; duration; application; fees
821.140Â Â Â Â Failure
to carry out-of-state snowmobile permit; penalty
821.142Â Â Â Â Failure
to carry out-of-state all-terrain vehicle permit
(Driving Privileges)
821.150Â Â Â Â Operation
of snowmobile without driving privileges; civil liability; penalty
821.160Â Â Â Â Snowmobile
operator permit; issuance; rules for safety education course
821.165Â Â Â Â Land
funded for all-terrain vehicle use from All-Terrain Vehicle Account
821.170Â Â Â Â Operation
of Class I all-terrain vehicle without driving privileges; exemptions; penalty
821.172Â Â Â Â Operation
of Class III all-terrain vehicle without driving privileges; exemptions;
penalty
821.174Â Â Â Â Prohibition
on operating Class I or Class III all-terrain vehicle while driving privileges
suspended
(Offenses)
821.190Â Â Â Â Unlawful
operation of snowmobile or all-terrain vehicle on highway or railroad; civil
liability; penalty
821.191Â Â Â Â Operation
of Class I or Class II all-terrain vehicle on highway; unlawful operation of
Class I or Class II all-terrain vehicle used for agricultural purposes; penalty
821.192Â Â Â Â Operating
all-terrain vehicle in violation of posted restrictions
821.195Â Â Â Â Operation
of all-terrain vehicle without permit and decal; exemption; penalty
821.200Â Â Â Â Exemptions
from general prohibition on operating on highway or railroad
821.202Â Â Â Â Failure
of Class I or Class III all-terrain vehicle rider to wear motorcycle helmet;
penalty
821.203Â Â Â Â Endangering
Class I or Class III all-terrain vehicle operator or passenger; penalty
821.204Â Â Â Â Issuance
of citations for violation of ORS 821.202 or 821.203
821.210Â Â Â Â Operating
improperly equipped snowmobile; civil liability; penalty
821.220Â Â Â Â Operating
improperly equipped all-terrain vehicle; civil liability; penalty
821.230Â Â Â Â Operating
all-terrain vehicle without proper lighting equipment; penalty
821.240Â Â Â Â Operating
snowmobile or all-terrain vehicle while carrying firearm or bow; penalty
821.250Â Â Â Â Permitting
dangerous operation of snowmobile or all-terrain vehicle; civil liability;
penalty
821.260Â Â Â Â Hunting
or harassing animals from snowmobile or all-terrain vehicle; civil liability;
penalty
821.280Â Â Â Â Committing
unlawful damage with snowmobile, Class I or Class II all-terrain vehicle; civil
liability; penalty
821.285Â Â Â Â Committing
unlawful damage with Class III all-terrain vehicle; civil liability; penalty
821.290Â Â Â Â Dangerous
operation of snowmobile or all-terrain vehicle; civil liability; penalty
821.291Â Â Â Â Endangering
Class I all-terrain vehicle operator; exemptions; penalty
821.292Â Â Â Â Endangering
Class III all-terrain vehicle operator; exemptions; penalty
821.295Â Â Â Â Operating
Class II or Class III all-terrain vehicle in prohibited snow area; exemptions;
penalty
(Civil Liability)
821.310Â Â Â Â Treble
damages for damage to property
(Fees)
821.320Â Â Â Â Snowmobile
registration and permit fees
OFF-ROAD VEHICLES
     821.010
Exemptions from equipment requirements for off-road vehicles. (1) Any motor vehicle designed for or
capable of cross-country travel on or immediately over land, water, sand, snow,
ice, marsh, swampland or other natural terrain is exempt from the sections
governing vehicle equipment described in this section if the vehicle:
     (a) Is operated in an area described under
ORS 821.020; and
     (b) Complies with the equipment
requirements under ORS 821.040.
     (2) The exemption under this section is an
exemption from the prohibitions under all of the following paragraphs:
     (a) Nonstandard lighting equipment under
ORS 816.300.
     (b) Required lighting equipment under ORS
816.330.
     (c) Prohibited lighting equipment under
ORS 816.360.
     (d) Violation of state equipment
administrative rules under ORS 815.100.
     (e) Slow-moving vehicle emblem
requirements under ORS 815.115.
     (f) Mudguard and fender requirements under
ORS 815.185.
     (g) Visible emission limits under ORS
815.200.
     (h) Requirements for window materials
under ORS 815.040.
     (i) Obstruction of windows under ORS
815.220.
     (j) Limits on sound equipment under ORS 815.225.
     (k) Sound equipment requirements under ORS
815.230.
     (L) Rearview mirror requirements under ORS
815.235.
     (m) Limits on image display device use
under ORS 815.240.
     (n) Exhaust system requirements under ORS
815.250.
     (o) Speedometer requirements under ORS
815.255.
     (p) Disposal system requirements under ORS
815.260.
     (q) Helmet requirements under ORS 814.260
to 814.280. [1983 c.338 §710; 1999 c.565 §3; 2005 c.572 §4]
     821.020
Applicability of off-road vehicle exemption from general equipment requirements. (1) This section establishes the areas where
the exemption from equipment requirements for off-road vehicles described under
ORS 821.010 is applicable. The exemption applies to any land, road or place
within the State of
     (2) The exemption applies to each of the
following lands, roads and places:
     (a) Lands that are open to the public.
     (b) Roads, other than two-lane gravel
roads, that are open to the public.
     (c) Paved parking lots adjacent to or on
designated off-road vehicle areas, trails and routes that are open to the
public.
     (d) Any local two-lane gravel road that is
open to the public and that is designated by the road authority with
jurisdiction over the road as open to off-road vehicles that are described in
ORS 821.010. [1983 c.338 §711; 1999 c.565 §4]
     821.030
Equipment standards for off-road vehicles. For purposes of the equipment requirements for off-road vehicles under
ORS 821.040, the following agencies may establish the described equipment
requirements for vehicles:
     (1) The Director of Transportation may
adopt rules to do the following:
     (a) Establish the type of brakes an
off-road vehicle must be equipped with to be in compliance with ORS 821.040.
     (b) Establish the type of flag that must
be used under ORS 821.040 on an off-road vehicle when it is operated on sand.
     (c) Require other safety equipment that
must be used by off-road vehicles in order to comply with ORS 821.040.
     (2) The Environmental Quality Commission
may adopt standards for noise emissions of mufflers that are required for
off-road vehicles for compliance with ORS 821.040. [1983 c.338 §445; 1985 c.16 §234]
     821.040
Operation of off-road vehicle without required equipment; penalty. (1) A person commits the offense of
operation of an off-road vehicle without required equipment if the person is
operating a vehicle described in ORS 821.010 in an area described in ORS
821.020 and the vehicle is not equipped in compliance with all of the
following:
     (a) The vehicle must be equipped with a
muffler that meets the standards for noise emissions established under ORS
821.030.
     (b) The vehicle must be equipped with
brakes that meet the requirements established under ORS 821.030.
     (c) The vehicle must be equipped with a
windshield wiper if the vehicle is equipped with a windshield.
     (d) When the vehicle is operated on sand,
the vehicle must be equipped with a flag that meets the requirements
established under ORS 821.030.
     (e) The vehicle must be equipped with any
safety equipment required under ORS 821.030.
     (f) At any time from one-half hour after
sunset to one-half hour after sunrise, the vehicle must be equipped with and
display headlights and taillights.
     (2) Motorcycles and mopeds are not
required by this section to be equipped with windshield wipers.
     (3) The offense described in this section,
operation of off-road vehicle without required equipment, is a Class C traffic
violation. [1983 c.338 §712; 1985 c.393 §40; 2001 c.669 §9]
SNOWMOBILES
AND ALL-TERRAIN VEHICLES
(Generally)
     821.050
Limits on authority of local governments; disposition of fees for snowmobiles. (1) Limits on the authority of cities,
counties or other political subdivisions of this state or any state agency are
as imposed under ORS 801.040.
     (2) Fees collected by the Department of
Transportation in the regulation of snowmobiles shall be used as provided in
ORS 802.110 and 802.120. [1983 c.338 §713; 1985 c.459 §4a; 1989 c.991 §28; 1999
c.977 §23]
     821.055
Operation of all-terrain vehicles on certain highways. Notwithstanding ORS 821.020, or any law
requiring that vehicles be equipped in specified ways in order to operate on
highways, Class I, Class II and Class III all-terrain vehicles may operate on
any highway in this state that is open to the public and is not maintained for
passenger car traffic. [1995 c.775 §8]
(Title for
Snowmobiles)
     821.060
Issuance; application; rules; fees. (1) The Department of Transportation shall provide for the issuance of
titles for snowmobiles required to be titled under ORS 821.070. The following
provisions relating to titling shall be the same for snowmobiles as for other
vehicles:
     (a) Fee for issuance.
     (b) Provisions relating to transfer,
including security interests and other types of transfer, fees for transfer,
time limits for transfer and responsibility for making transfer and submitting
documents.
     (c) Information required to be placed on a
title, except where the department determines such information would be
inappropriate.
     (d) Party to whom title is issued upon
original issuance or transfer.
     (e) Validity times and requirements.
     (f) Provisions contained in ORS 819.010 to
819.040.
     (g) Any provisions relating to title that
are applicable to other vehicles under the vehicle code and that the department
determines, by rule, to be necessary to assure that the titling of snowmobiles
is administered in the same manner and has the same effect as the titling of
other vehicles.
     (h) Provisions relating to salvage titles.
     (2) Application for issuance of title for
a snowmobile shall be made in the manner and in a form prescribed by the
department. The department may require any information in the application the
department determines is reasonably necessary to determine ownership or right
to title for a snowmobile. The department may provide for application for title
separately from or with application for snowmobile registration or in any way
the department determines appropriate.
     (3) Dealers issued certificates under ORS
822.020 who sell snowmobiles shall accept application and fees for title of a
snowmobile from each purchaser of a new or used snowmobile in a manner required
by the department. [1985 c.16 §344; 1985 c.459 §5; 1987 c.261 §3; 1989 c.991 §6;
1991 c.873 §43; 1993 c.233 §69; 1993 c.751 §79; 1995 c.774 §15; 1997 c.249 §236;
1999 c.977 §26]
     821.070
Failure to title; exemptions; penalty. (1) A person commits the offense of failure to title a snowmobile if
the person is the owner of a snowmobile that is in this state or is operating a
snowmobile at any place in this state and the snowmobile has not been issued a
title as provided under ORS 821.060.
     (2) The requirement to title a snowmobile
under this section does not apply if the snowmobile is any of the following:
     (a) Owned and operated by the
     (b) Owned and operated by this state or by
any city, district or political subdivision thereof.
     (c) Exempted from registration
requirements by ORS 821.090.
     (d) A new snowmobile that is in the
possession of a dealer for purposes of sale or display.
     (3) The offense described in this section,
failure to title a snowmobile, is a Class D traffic violation. [1985 c.16 §346;
1985 c.459 §6; 1989 c.991 §7; 1995 c.383 §105; 1995 c.774 §16; 1999 c.977 §27]
(Registration
for Snowmobiles)
     821.080
Issuance; qualifications; duration; certificate; rules. (1) The Department of Transportation shall
issue snowmobile registration to a qualified owner. To qualify for issuance of
registration under this section:
     (a) The owner must complete the
application in the manner and in a form the department prescribes.
     (b) The application shall state the name
and address of each owner of the snowmobile to be registered.
     (c) The application shall contain proof of
title.
     (d) The fee established under ORS 821.320
for registration of a snowmobile must be paid.
     (2) Dealers issued certificates under ORS
822.020 who sell snowmobiles shall accept application and fees for registration
from each purchaser of a new or used snowmobile that is required to be
registered in this state. The department shall adopt rules for the
implementation of this subsection.
     (3) The department shall not issue any
registration for a snowmobile unless the snowmobile has been issued a title in
compliance with ORS 821.060 and 821.070.
     (4) Snowmobile registration and renewal of
registration are valid for a period of two years after which time the
registration expires.
     (5) Upon qualification for registration,
the department shall do the following:
     (a) Register the snowmobile.
     (b) Assign a registration number to the
snowmobile. The registration number assigned at the time of original
registration shall remain with that vehicle until the vehicle is destroyed,
abandoned or permanently removed from this state, or until changed or
terminated by the department.
     (c) Issue and deliver to the registered
owner a certificate of registration in a form to be determined by the
department.
     (d) At the time of original registration
and at the time of each subsequent renewal thereof, issue to the registrant a
date tag or tags indicating the validity of the current registration and the
expiration date thereof.
     (6) A snowmobile registration is not valid
unless a validating tag and current registration certificate have been issued.
     (7) The department shall provide
procedures necessary for renewal of snowmobile registration consistent with
this section and ORS 821.110 and 821.320.
     (8) The department may adopt rules
specifying additional requirements and procedures for registration of
snowmobiles. Requirements and procedures adopted under this subsection shall be
designed to assure that except as otherwise provided in this chapter, the
registration of snowmobiles is administered in the same manner and has the same
effect as the registration of vehicles under ORS chapter 803. [1983 c.338 §716;
1985 c.16 §348; 1985 c.459 §9; 1987 c.217 §9; 1987 c.261 §12; 1989 c.991 §8;
1993 c.751 §80; 1995 c.774 §17; 1999 c.977 §28]
     821.090
Exemptions from snowmobile registration requirements. This section establishes exemptions from the
requirements to register snowmobiles under ORS 821.100. The following are
exempt from the registration requirements, either partially or completely as
described:
     (1) A snowmobile owned and operated by the
     (2) A snowmobile owned and operated by
this state or by any city, district or political subdivision thereof.
     (3) A snowmobile owned by a resident of
another state if registered in accordance with the laws of the state in which
its owner resides. The exemption granted under this subsection:
     (a) Is only granted to the extent that a
similar exemption or privilege is granted under the laws of the other state for
snowmobiles registered in this state.
     (b) Is only granted for a period of up to
60 consecutive days. Any snowmobile that does not qualify for the exemption
under this subsection because of this paragraph is subject to registration.
     (4) A snowmobile operated under an
out-of-state permit issued under ORS 821.130.
     (5) A snowmobile operated under dealer
plates as described in ORS 822.040.
     (6) A snowmobile 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. [1983
c.338 §715; 1985 c.16 §347; 1985 c.459 §8; 1987 c.254 §4; 1987 c.261 §4; 1987
c.387 §2; 1989 c.991 §9; 1995 c.774 §18; 1999 c.977 §29]
     821.100
Operation of unregistered snowmobile; penalty. (1) A person commits the offense of
operation of an unregistered snowmobile if the person operates a snowmobile
that is not registered under ORS 821.080.
     (2) Exemptions from this section are
established under ORS 821.090.
     (3) The offense described in this section,
operation of an unregistered snowmobile, is a Class D traffic violation. [1983
c.338 §714; 1985 c.459 §7; 1989 c.991 §10; 1995 c.383 §106; 1995 c.774 §19;
1999 c.977 §30]
     821.110
Failure to renew snowmobile registration; penalty. (1) A person commits the offense of failure
to renew snowmobile registration if the person is the owner of a snowmobile in
this state and the person does not renew registration for the snowmobile in the
manner the Department of Transportation prescribes when the registration
expires as provided under ORS 821.080 and pay the required fee for renewal of
registration established under ORS 821.320.
     (2) The offense described in this section,
failure to renew snowmobile registration, is a Class D traffic violation. [1983
c.338 §717; 1985 c.459 §10; 1989 c.991 §29; 1995 c.383 §107; 1995 c.774 §20;
1999 c.977 §31]
     821.120
Failure to properly display snowmobile registration numbers; penalty. (1) A person commits the offense of failure
to properly display snowmobile registration numbers if the person is the owner
or operator of a snowmobile and the registration numbers issued by the
Department of Transportation for the vehicle are not displayed on the vehicle
or are displayed in a manner that violates any of the following:
     (a) The registration numbers must be
permanently affixed.
     (b) The registration numbers must be
displayed in a clearly visible manner.
     (c) The registration number must be
displayed upon the snowmobile in a manner prescribed by the department.
     (d) The numbers displayed shall be in the
form of painted numbers or decals and shall be of contrasting color with the
surface on which they are applied.
     (e) The registration numbers shall be
maintained in a legible condition.
     (f) Any validating date tag or tags issued
by the department under ORS 821.080 shall be affixed in the manner prescribed
by the department.
     (2) The offense described in this section,
failure to properly display snowmobile registration numbers, is a Class D
traffic violation. [1983 c.338 §719; 1985 c.16 §349; 1985 c.459 §12; 1989 c.991
§11; 1995 c.383 §108; 1995 c.774 §21; 1999 c.977 §32]
     821.125 [1991 c.481 §2; 1993 c.741 §139; repealed by
1999 c.977 §38]
(Permits)
     821.130
Out-of-state snowmobile permit; qualifications; duration; application; fees. (1) An out-of-state snowmobile permit is a
vehicle permit that is issued as evidence of a grant of authority to operate in
this state a snowmobile that is:
     (a) Owned by a resident of another state;
     (b) Not registered in this state or in the
other state; and
     (c) Exempt from registration under ORS
821.090.
     (2) The Department of Transportation shall
establish a program for the issuance of out-of-state snowmobile permits under
this section. The program established by the department shall comply with all
of the following:
     (a) A permit may only be issued for
snowmobiles owned by the resident of another state where registration is not
required by law.
     (b) A permit is valid for not more than 60
days.
     (c) Application for a permit shall state
the name and address of each owner.
     (d) The fees for issuance of the permit
are as provided under ORS 821.320. [1983 c.338 §720; 1985 c.459 §24; 1989 c.991
§30; 1993 c.751 §82; 1995 c.774 §22; 1999 c.977 §33]
     821.140
Failure to carry out-of-state snowmobile permit; penalty. (1) A person commits the offense of failure
to carry an out-of-state snowmobile permit if an out-of-state permit is issued
for the vehicle under ORS 821.130 and the permit is not carried on the
snowmobile at all times during operation of the snowmobile in this state.
     (2) The offense described in this section,
failure to carry an out-of-state snowmobile permit, is a Class D traffic
violation. [1983 c.338 §721; 1985 c.459 §25; 1989 c.991 §31; 1995 c.383 §109;
1999 c.977 §34]
     821.142
Failure to carry out-of-state all-terrain vehicle permit. (1) A person commits the offense of failure
to carry an out-of-state all-terrain vehicle permit if an out-of-state permit
is issued for the vehicle under ORS 390.590 and the permit is not carried on
the all-terrain vehicle at all times during operation of the all-terrain
vehicle in this state.
     (2) The offense described in this section,
failure to carry an out-of-state all-terrain vehicle permit, is a Class D
traffic violation. [1999 c.977 §12]
     821.145 [Formerly 821.185; repealed by 1999 c.977 §38]
(Driving
Privileges)
     821.150
Operation of snowmobile without driving privileges; civil liability; penalty. (1) A person commits the offense of
operation of a snowmobile without driving privileges if the person operates a
snowmobile without one of the following having been issued to the person and on
the person at the time the person is operating the snowmobile:
     (a) A driver license.
     (b) A snowmobile operator permit issued
under ORS 821.160.
     (2) This section does not apply to a
person who is operating a snowmobile while taking a course from an instructor
to obtain a snowmobile operatorÂ’s permit under ORS 821.160.
     (3) In addition to other penalties
provided by this section, the operator or owner of a snowmobile may be liable
as provided under ORS 821.310.
     (4) The offense described in this section,
operation of snowmobile without driving privileges, is a Class D traffic
violation. [1983 c.338 §722; 1985 c.16 §350; 1985 c.393 §41; 1995 c.383 §32]
     821.160
Snowmobile operator permit; issuance; rules for safety education course. (1) A snowmobile operator permit authorizes
a person who does not have a driver license to operate a snowmobile without
violation of ORS 821.150.
     (2) The Department of Transportation shall
issue or provide for issuance of a snowmobile operator permit to any person who
has taken a snowmobile safety education course established under this section
and has been found qualified to operate a snowmobile.
     (3) The department shall adopt rules to
provide for snowmobile safety education courses and the issuance of snowmobile
operator permits consistent with this section. The rules adopted by the
department shall be consistent with the following:
     (a) The course must be one given by an
instructor designated by the department as qualified to conduct such a course
and issue such a permit.
     (b) The rules shall provide for the
designation of instructors and issuance of permits.
     (c) The department may provide by rule for
instructors to be provided and permits issued through public or private local
and state organizations meeting qualifications established by the department.
Organizations designated by the department may include organizations such as
the Oregon State Snowmobile Association.
     (4) Persons who are operating a snowmobile
while taking a course from an instructor are exempt from ORS 821.150 as
provided in that section. [1983 c.338 §723; 1985 c.16 §351]
     821.165
Land funded for all-terrain vehicle use from All-Terrain Vehicle Account. As used in ORS 821.170, 821.172, 821.192,
821.291 and 821.292, “public lands” includes privately owned land that is open
to the general public for the use of all-terrain vehicles as the result of
funding from the All-Terrain Vehicle Account under ORS 390.560. [2007 c.887 §7]
     821.170
Operation of Class I all-terrain vehicle without driving privileges;
exemptions; penalty. (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. [1985 c.459 §17; 1987 c.158 §175; 1995 c.383 §110; 1999
c.977 §24; 2007 c.887 §1]
     Note: Section 13, chapter 887, Oregon Laws 2007,
provides:
     Sec.
13. The requirement to hold
a Class I or Class III all-terrain vehicle permit pursuant to the amendments to
ORS 821.170 and 821.172 by sections 1 and 2 of this 2007 Act applies:
     (1) On or after January 1, 2009, to
persons who are under 16 years of age as of that date.
     (2) On or after January 1, 2010, to
persons who are under 31 years of age as of that date.
     (3) On or after January 1, 2011, to
persons who are under 41 years of age as of that date.
     (4) On or after January 1, 2012, to
persons who are under 51 years of age as of that date.
     (5) On or after January 1, 2013, to
persons who are under 61 years of age as of that date.
     (6) On or after January 1, 2014, to all
persons. [2007 c.887 §13]
     821.172
Operation of Class III all-terrain vehicle without driving privileges; exemptions;
penalty. (1) A person 16
years of age or older commits the offense of operation of a Class III
all-terrain vehicle without driving privileges if the person operates a Class
III all-terrain vehicle on public lands and the person does not hold a valid
Class III all-terrain vehicle operator permit issued under ORS 390.575.
     (2) A child under 16 years of age commits
the offense of operation of a Class III all-terrain vehicle without driving
privileges if the child operates a Class III 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 III
all-terrain vehicle operator permit issued under ORS 390.575.
     (3) A child under seven years of age may
not operate a Class III all-terrain vehicle on public lands.
     (4) 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.
     (5) The offense described in this section,
operation of a Class III all-terrain vehicle without driving privileges, is a
Class C traffic violation. [1995 c.774 §2; 1999 c.977 §25; 2007 c.887 §2]
     Note: See note under 821.170.
     821.174
Prohibition on operating Class I or Class III all-terrain vehicle while driving
privileges suspended.
Notwithstanding any other provision of law, a person may not operate a Class I
all-terrain vehicle or a Class III all-terrain vehicle while the personÂ’s
driving privileges are suspended or revoked. A person who violates this section
is in violation of ORS 811.175 or 811.182, as appropriate. [1995 c.775 §7]
     Note: 821.174 was added to and made a part of ORS
chapter 821 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     821.175 [1987 c.587 §6; 1989 c.661 §3; 1989 c.991 §11a;
1995 c.774 §4; renumbered 821.195 in 1995]
     821.180 [1985 c.459 §18; repealed by 1999 c.977 §38]
     821.182 [1995 c.774 §3; repealed by 1999 c.977 §38]
     821.185 [1987 c.587 §§4,5; 1989 c.661 §1; 1993 c.751
§105; 1995 c.774 §5; renumbered 821.145 in 1995]
(Offenses)
     821.190
Unlawful operation of snowmobile or all-terrain vehicle on highway or railroad;
civil liability; penalty.
(1) A person commits the offense of unlawful operation of an off-road vehicle
on a highway or railroad if the person operates a vehicle described in
subsection (2) of this section in any of the following described areas:
     (a) On or across the paved portion, the
shoulder, inside bank or slope of any highway, on or across the median of any
divided highway or on or across any portion of a highway right of way under
construction.
     (b) On or across a railroad right of way.
     (2) This section applies to:
     (a) Snowmobiles.
     (b) Class I all-terrain vehicles.
     (c) Class II all-terrain vehicles that are
not properly equipped for operation on a highway.
     (d) Class III all-terrain vehicles.
     (3) Exemptions from this section are
established under ORS 821.200.
     (4) In addition to penalties provided by
this section, the operator or owner of a snowmobile, Class I, Class II or Class
III all-terrain vehicle may be liable as provided under ORS 821.310.
     (5) The offense described in this section,
unlawful operation of an off-road vehicle on a highway or railroad, is a Class
B traffic violation. [1985 c.72 §2; 1985 c.459 §28 (enacted in lieu of 1983
c.338 §§724,725,726); 1989 c.991 §12; 1995 c.383 §111; 1999 c.372 §1]
     821.191
Operation of Class I or Class II all-terrain vehicle on highway; unlawful
operation of Class I or Class II all-terrain vehicle used for agricultural
purposes; penalty. (1)
Notwithstanding any other provision of law, a person may operate a Class I
all-terrain vehicle or a Class II all-terrain vehicle that is not otherwise
properly equipped for operation on a highway on the highways of this state if:
     (a) The person is using the all-terrain
vehicle for transportation between ranching or farming headquarters,
agricultural fields or pastures;
     (b) The person holds a valid driver
license;
     (c) The person complies with posted speed
limits, but in no event exceeds a speed of 20 miles per hour;
     (d) The person operates the all-terrain vehicle
as closely as is practicable to the right-hand edge of the highway, including
shoulders, if any;
     (e) The all-terrain vehicle is equipped
with a lighted headlight and taillight; and
     (f) The all-terrain vehicle displays a
slow-moving vehicle emblem described under ORS 815.060.
     (2) A person commits the offense of
unlawful operation of a Class I all-terrain vehicle or a Class II all-terrain
vehicle used for agricultural purposes if the person operates a Class I
all-terrain vehicle or a Class II all-terrain vehicle on a highway in violation
of subsection (1) of this section.
     (3) The offense described in subsection
(2) of this section, unlawful operation of a Class I all-terrain vehicle or a
Class II all-terrain vehicle used for agricultural purposes, is a Class D
traffic violation. [2001 c.529 §§2,3; 2007 c.207 §2]
     Note: 821.191 was added to and made a part of ORS
chapter 821 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     821.192
Operating all-terrain vehicle in violation of posted restrictions. (1) A person commits the offense of
operating an all-terrain vehicle in violation of posted restrictions if the
person operates an all-terrain vehicle on public lands at a time when the lands
are closed to all-terrain vehicles or operation of the vehicles is otherwise
restricted, and notice of the restrictions has been posted by an agency with
jurisdiction to impose the restrictions.
     (2) The offense described in this section,
operating an all-terrain vehicle in violation of posted restrictions, is a
Class B traffic violation. [1999 c.565 §2]
     821.195
Operation of all-terrain vehicle without permit and decal; exemption; penalty. (1) A person commits the offense of
operating an all-terrain vehicle without a permit and a decal if the person
operates an all-terrain vehicle without a permit and a decal in an area or on a
trail designated by the appropriate authority as open to all-terrain vehicles
only if they have permits and decals.
     (2) This section does not apply to:
     (a) An all-terrain vehicle owned and
operated by a resident of another state if the other state grants a similar
exemption for all-terrain vehicles owned and operated by residents of Oregon
and if the vehicle has not been operated in this state for more than 60
consecutive days; or
     (b) An all-terrain vehicle owned and
operated by the
     (3) The offense described in this section,
operating an all-terrain vehicle without a permit and a decal, is a Class C
traffic violation. [Formerly 821.175; 1999 c.977 §35]
     Note: 821.195 was added to and made a part of ORS
chapter 821 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     821.200
Exemptions from general prohibition on operating on highway or railroad. This section establishes exemptions from the
limitations placed on the use of snowmobiles and all-terrain vehicles under ORS
821.190. The prohibitions and penalties under ORS 821.190 do not apply when a
snowmobile or all-terrain vehicle that qualifies for the exemption from
equipment requirements under ORS 821.010 is being operated as described under
any of the following:
     (1) A person may lawfully cross a highway
or railroad right of way while operating a snowmobile or all-terrain vehicle if
the person complies with all of the following:
     (a) The crossing must be made at an angle
of approximately 90 degrees to the direction of the highway or railroad right
of way.
     (b) The crossing must be made at a place
where no obstruction prevents a quick and safe crossing.
     (c) The vehicle must be brought to a
complete stop before entering the highway or railroad right of way.
     (d) The operator of the vehicle must yield
the right of way to vehicles using the highway or equipment using the railroad
tracks.
     (e) The crossing of a railroad right of
way must be made at an established public railroad crossing.
     (f) The crossing of a highway must be made
at a place that is more than 100 feet from any highway intersection.
     (g) If the operator of a snowmobile is
under 12 years of age, a person who is 18 years of age or older must accompany
the operator either as a passenger or as the operator of another snowmobile
that is in proximity to the younger operator.
     (2) A snowmobile or all-terrain vehicle
may be lawfully operated upon a highway under any of the following
circumstances:
     (a) Where the highway is completely
covered with snow or ice and has been closed to motor vehicle traffic during
winter months.
     (b) For purposes of loading or unloading
when such operation is performed with safety and without causing a hazard to
vehicular traffic approaching from either direction on the highway.
     (c) Where the highway is posted to permit
snowmobiles or all-terrain vehicles.
     (d) In an emergency during the period of
time when and at locations where snow upon the highway renders travel by
automobile impractical.
     (e) When traveling along a designated
snowmobile or all-terrain vehicle trail.
     (3) It shall be lawful to operate a
snowmobile or all-terrain vehicle upon a railroad right of way under any of the
following circumstances:
     (a) Where the right of way is posted to
permit the operation.
     (b) In an emergency.
     (c) When the snowmobile or all-terrain
vehicle is operated by an officer or employee or authorized contractor or agent
of a railroad. [1983 c.338 §727; 1985 c.72 §3; 1985 c.459 §29; 1989 c.991 §13;
1999 c.372 §2; 1999 c.565 §5; 2007 c.887 §3]
     821.202
Failure of Class I or Class III all-terrain vehicle rider to wear motorcycle
helmet; penalty. (1) A
person commits the offense of failure of a Class I or Class III all-terrain
vehicle operator or passenger to wear a motorcycle helmet if the person is
under 18 years of age, operates or rides on a Class I or Class III all-terrain
vehicle on premises open to the public and is not wearing a motorcycle helmet
with a fastened chin strap.
     (2) The requirement to wear a motorcycle
helmet with a fastened chin strap 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.
     (b) Being used on land owned or leased by
the owner of the vehicle.
     (3) The offense described in this section,
failure of a Class I or Class III all-terrain vehicle operator or passenger to
wear a motorcycle helmet, is a Class D traffic violation. [1995 c.775 §§2,10;
2007 c.887 §3a]
     821.203
Endangering Class I or Class III all-terrain vehicle operator or passenger;
penalty. (1) A person
commits the offense of endangering a Class I or Class III all-terrain vehicle
operator or passenger if:
     (a) The person is operating a Class I or
Class III all-terrain vehicle on premises open to the public and the person
carries another person on the Class I or Class III all-terrain vehicle who is
under 18 years of age and is not wearing a motorcycle helmet with a fastened
chin strap; or
     (b) The person is the parent, legal
guardian or person with legal responsibility for the safety and welfare of a
child under 18 years of age and the child operates or rides on a Class I or
Class III all-terrain vehicle on premises open to the public without wearing a
motorcycle helmet with a fastened chin strap.
     (2) The requirement to wear a motorcycle
helmet with a fastened chin strap 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.
     (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 or Class III all-terrain vehicle operator or passenger,
is a Class D traffic violation. [1995 c.775 §§3,11; 2007 c.887 §3b]
     821.204
Issuance of citation for violation of ORS 821.202 or 821.203. (1) If a child who is in violation of ORS
821.202 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 ORS 821.203, rather than to the child
for violation of ORS 821.202.
     (2) If a child who is in violation of ORS
821.202 is at least 12 years of age and is under 18 years of age, a citation
may be issued to the child for violation of ORS 821.202 or to the parent, legal
guardian or person with legal responsibility for the safety and welfare of the
child for violation of ORS 821.203, but not to both. [1995 c.775 §4]
     821.210
Operating improperly equipped snowmobile; civil liability; penalty. (1) A person commits the offense of
operating an improperly equipped snowmobile if the person operates any
snowmobile without all of the following equipment:
     (a) A lighted headlight and taillight.
     (b) An adequate braking device that may be
operated either by hand or foot.
     (c) An adequate and operating muffling
device that shall effectively blend the exhaust and motor noise in such a
manner so as to preclude excessive or unusual noise and, on snowmobiles
manufactured after January 4, 1973, that shall effectively maintain such noise
at a level of 82 decibels or below on the “A” scale at 100 feet.
     (2) The Department of State Police shall
establish procedures for testing of noise levels consistent with this section.
     (3) Snowmobiles used in organized racing
events in an area designated for that purpose may use a bypass or cutout device
without violation of the requirements for muffling devices and for noise levels
under this section.
     (4) In addition to other penalties
provided by this section, the owner or operator of a snowmobile may be liable
as provided under ORS 821.310.
     (5) The offense described in this section,
improperly equipped snowmobile, is a Class D traffic violation. [1983 c.338 §728;
1985 c.393 §44; 1995 c.383 §112]
     821.220
Operating improperly equipped all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of
operating an improperly equipped all-terrain vehicle if the person operates any
all-terrain vehicle without the following equipment:
     (a) An adequate braking device that may be
operated either by hand or foot.
     (b) An adequate and operating muffling
device that shall be maintained in good working order and in constant operation
and shall effectively blend the exhaust and motor noise in such a manner so as
to comply with all applicable noise emission standards established by the Department
of Environmental Quality.
     (2) The Department of Environmental
Quality shall establish procedures for testing of noise levels consistent with
this section.
     (3) All-terrain vehicles used in organized
racing events in an area designated for that purpose shall comply with the
motor sports vehicles and facilities regulations of the Department of
Environmental Quality.
     (4) In addition to other penalties
provided by this section, the owner or operator of an all-terrain vehicle may
be liable as provided under ORS 821.310.
     (5) The offense described in this section,
operating an improperly equipped all-terrain vehicle, is a Class C traffic
violation. [1985 c.459 §30; 1987 c.587 §12; 1989 c.991 §14; 1995 c.383 §33;
1999 c.59 §245]
     821.230
Operating all-terrain vehicle without proper lighting equipment; penalty. (1) A person commits the offense of
operating an all-terrain vehicle without proper lighting equipment if the
person operates an all-terrain vehicle during times when limited visibility
conditions exist and the vehicle is not equipped with a taillight and a lighted
headlight.
     (2) Nothing in this section requires an
all-terrain vehicle to be equipped with a headlight or taillight if the vehicle
is not operated during times when limited visibility conditions exist.
     (3) The offense described in subsection
(1) of this section, operating an all-terrain vehicle without proper lighting
equipment, is a Class C traffic violation. [1985 c.459 §30a; 1987 c.587 §13;
1989 c.991 §15; 1995 c.383 §34]
     821.240
Operating snowmobile or all-terrain vehicle while carrying firearm or bow;
penalty. (1) A person
commits the offense of operating a snowmobile or an all-terrain vehicle while
carrying a firearm or bow if the person operates any snowmobile or all-terrain
vehicle with a firearm in the possession of the person, unless the firearm is
unloaded, or with a bow, unless all arrows are in a quiver.
     (2) The offense described in this section,
operating a snowmobile or an all-terrain vehicle while carrying a firearm or
bow, is a Class B traffic violation. [1983 c.338 §729; 1985 c.393 §45; 1985
c.459 §31a; 1987 c.587 §14; 1989 c.991 §15a; 1991 c.589 §1]
     821.250
Permitting dangerous operation of snowmobile or all-terrain vehicle; civil
liability; penalty. (1) A
person commits the offense of permitting dangerous operation of a snowmobile or
an all-terrain vehicle if the person is the owner or other person having charge
or control of a snowmobile or an all-terrain vehicle and the person knowingly
authorizes or permits any person to operate the vehicle across a highway who
is:
     (a) Incapable by reason of age, physical
or mental disability; or
     (b) Under the influence of intoxicating
liquor, inhalants or controlled substances.
     (2) In addition to other penalties
provided by this section, operators or owners may be liable as provided under
ORS 821.310.
     (3) The offense described in this section,
permitting dangerous operation of a snowmobile or an all-terrain vehicle, is a
Class A traffic violation. [1983 c.338 §730; 1985 c.393 §46; 1985 c.459 §32;
1987 c.587 §15; 1989 c.991 §16; 1999 c.619 §14]
     821.260
Hunting or harassing animals from snowmobile or all-terrain vehicle; civil
liability; penalty. (1) A
person commits the offense of hunting or harassing animals from a snowmobile or
an all-terrain vehicle if the person does any of the following:
     (a) Operates a snowmobile or an
all-terrain vehicle in a manner so as to run down, harass, chase or annoy any
game animals or birds or domestic animals.
     (b) Hunts from a snowmobile or an all-terrain
vehicle.
     (2) This section does not apply to:
     (a) Officers of the State Fish and
Wildlife Commission.
     (b) Persons under contract to the
commission in the performance of their official duties.
     (c) Individuals who have secured a permit
from the commission for purposes of research and study.
     (3) In addition to other penalties
provided by this section, operators or owners of a snowmobile or an all-terrain
vehicle may be liable as provided under ORS 821.310.
     (4) The offense described in this section,
hunting or harassing animals from a snowmobile or an all-terrain vehicle, is a
Class C misdemeanor. [1983 c.338 §731; 1985 c.16 §353; 1985 c.393 §47; 1985
c.459 §33; 1987 c.587 §16; 1989 c.991 §16a]
     821.270 [1983 c.338 §732; 1985 c.393 §48; 1985 c.459
§34; repealed by 1987 c.587 §21]
     821.280
Committing unlawful damage with snowmobile, Class I or Class II all-terrain
vehicle; civil liability; penalty. (1) A person commits the offense of committing unlawful damage with a
snowmobile, Class I or Class II all-terrain vehicle if the person operates any
snowmobile, Class I or Class II all-terrain vehicle in any area or in such a
manner so as to expose the underlying soil or vegetation or to injure, damage
or destroy trees or growing crops.
     (2) In addition to other penalties
provided by this section, the owner or operator of a snowmobile, Class I or
Class II all-terrain vehicle may be liable as provided under ORS 821.310.
     (3) The offense described in this section,
committing unlawful damage with a snowmobile, Class I or Class II all-terrain
vehicle, is a Class B traffic violation. [1983 c.338 §733; 1985 c.459 §35; 1987
c.587 §17]
     821.285
Committing unlawful damage with Class III all-terrain vehicle; civil liability;
penalty. (1) A person
commits the offense of committing unlawful damage with a Class III all-terrain
vehicle if the person operates any Class III all-terrain vehicle in any area or
in such a manner so as to injure, damage or destroy trees or growing crops.
     (2) In addition to other penalties provided
by this section, the owner or operator of a Class III all-terrain vehicle may
be liable as provided under ORS 821.310.
     (3) The offense described in this section,
committing unlawful damage with a Class III all-terrain vehicle, is a Class B
traffic violation. [1989 c.991 §17a]
     Note: 821.285 was added to and made a part of ORS
chapter 821 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     821.290
Dangerous operation of snowmobile or all-terrain vehicle; civil liability;
penalty. (1) A person
commits the offense of dangerous operation of a snowmobile or an all-terrain
vehicle if the person does any of the following:
     (a) Operates a snowmobile or an
all-terrain vehicle at a rate of speed greater than reasonable and proper under
the existing conditions.
     (b) Operates a snowmobile or an
all-terrain vehicle in a negligent manner so as to endanger the person or
property of another or to cause injury or damage to either.
     (2) In addition to other penalties
provided by this section, the owner or operator of a snowmobile or an
all-terrain vehicle may be liable as provided under ORS 821.310.
     (3) The offense described in this section,
dangerous operation of a snowmobile or an all-terrain vehicle, is a Class B
traffic violation. [1983 c.338 §734; 1985 c.459 §36; 1987 c.587 §18; 1989 c.991
§18]
     821.291
Endangering Class I all-terrain vehicle operator; exemptions; penalty. (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;
     (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. [2007 c.887 §6]
     821.292
Endangering Class III all-terrain vehicle operator; exemptions; penalty. (1) A person commits the offense of endangering
a Class III 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 at least seven years of age but under 16 years of age and the child
operates a Class III all-terrain vehicle on public lands and:
     (a) Does not have a Class III all-terrain
vehicle operator permit issued under ORS 390.575; 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.
     (2) A person commits the offense of
endangering a Class III 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 who is under seven years of age and the child operates a
Class III all-terrain vehicle on public lands.
     (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,
endangering a Class III all-terrain vehicle operator, is a Class C traffic
violation. [1995 c.774 §2a; 1999 c.977 §36; 2007 c.887 §4]
     821.295
Operating Class II or Class III all-terrain vehicle in prohibited snow area;
exemptions; penalty. (1) A
person commits the offense of operating a Class II or Class III all-terrain
vehicle in a prohibited snow area if the person operates a Class II or Class
III all-terrain vehicle on a groomed trail or a designated snowmobile or cross
country ski trail or area during a designated snow use period.
     (2) This section does not apply to
emergency vehicles or to trail grooming equipment.
     (3) The offense described in this section,
operating a Class II or Class III all-terrain vehicle in a prohibited snow
area, is a Class D traffic violation. [1987 c.587 §7; 1989 c.991 §18a; 1995
c.383 §113]
     821.300 [1983 c.338 §735; 1985 c.459 §37; 1987 c.587
§19; 1989 c.991 §19; 1993 c.751 §83; repealed by 2001 c.827 §18]
(Civil
Liability)
     821.310
Treble damages for damage to property. The operator or the owner of a snowmobile or all-terrain vehicle used
with the permission of the owner shall be liable for three times the amount of
any damage to trees, shrubs, growing crops or other property injured as the
result of travel by such snowmobile or all-terrain vehicle over the property
involved. The liability under this section is in addition to any penalties
provided in ORS 821.150, 821.190, 821.210 or 821.250 to 821.290. [1983 c.338 §736;
1985 c.393 §49; 1985 c.459 §38; 1987 c.587 §20; 1989 c.991 §20]
(Fees)
     821.320
Snowmobile registration and permit fees. The following fees are established relating to snowmobiles:
     (1) Registration under ORS 821.080, $10.
     (2) Renewal of registration under ORS
821.080, $10.
     (3) Issuance of out-of-state permit under
ORS 821.130, $7. [1983 c.338 §737; 1985 c.16 §354; 1985 c.459 §13; 1987 c.261 §5;
1989 c.991 §21; 1995 c.774 §23; 1999 c.977 §37]
_______________
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