Oregon Chapter 801
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TITLE 59
Chapter 801. General Provisions and Definitions for
802. Administrative Provisions
803. Vehicle Title and Registration
805. Special Registration Provisions
806. Financial Responsibility Law
807. Driving Privileges and Identification Cards
809. Refusal, Suspension, Cancellation and
Revocation of Registration, Title, Driving Privileges and Identification Card;
Vehicle Impoundment
810. Road Authorities; Courts; Police; Other
Enforcement Officials
811. Rules of the Road for Drivers
813. Driving Under the Influence of Intoxicants
814. Pedestrians; Passengers; Livestock;
Motorized Wheelchairs; Vehicles With Fewer Than Four Wheels
815. Vehicle Equipment Generally
816. Vehicle Equipment: Lights
818. Vehicle Limits
819. Destroyed, Totaled, Abandoned, Low-Value
and Stolen Vehicles; Vehicle Identification Numbers; Vehicle Appraisers
820. Special Provisions for Certain Vehicles
821. Off-Road Vehicles; Snowmobiles; All-Terrain
Vehicles
822. Regulation of Vehicle Related Businesses
823. Carrier Regulation Generally
824. Railroads
825. Motor Carriers
826. Registration of Commercial Vehicles
_______________
Chapter 801 —
General Provisions and Definitions for
2007 EDITION
GENERAL PROVISIONS AND DEFINITIONS
GENERAL PROVISIONS
801.010 Short
title
801.015 Effect
of naming offenses
801.020 Statements
of policy and purpose; applicability of vehicle code
801.026 General
exemptions; exceptions
801.030 Exemptions
from amendments to vehicle code
801.038 Local
government regulation of cell phones in motor vehicles
801.040 Authority
to adopt special provisions
801.041 Terms
and conditions for imposition of registration fee by county
801.042 Terms
and conditions for imposition of registration fee by district
801.043 Moneys
required by department for initial implementation of registration fees
801.045 Permissive
use of private roadway
801.050 Privilege
of motorist to use highways
801.055 Weight
standards; Department of Transportation responsibility for weight
determination; rules
DEFINITIONS
801.100 Definitions
generally
801.110 “Alley”
801.115 “Ambulance”
801.120 “Ambulatory
disability”
801.125 “Antique
vehicle”
801.127 “Arterial”
801.130 “Assembled
vehicle”
801.135 “Axle”
801.140 “Balance
trailer”
801.145 “Base
fine amount”
801.150 “Bicycle”
801.155 “Bicycle
lane”
801.160 “Bicycle
path”
801.163 “Biometric
data”
801.165 “Bus
trailer”
801.170 “Business
district”
801.175 “Canceled”;
“cancellation”
801.180 “Camper”
801.183 “Certificate
of sale”
801.185 “Certificate
of title”
801.187 “Circulatory
roadway”
801.190 “Class
I all-terrain vehicle”
801.193 “Class
II all-terrain vehicle”
801.194 “Class
III all-terrain vehicle”
801.197 “Collector”
801.198 “Combination
of vehicles”
801.199 “Combined
weight”
801.200 “Commercial
bus”
801.205 “Commercial
bus trailer”
801.207 “Commercial
driver license”
801.208 “Commercial
motor vehicle”
801.210 “Commercial
vehicle”
801.215 “Commission”
801.217 “Converter
dolly”
801.220 “Crosswalk”
801.225 “Department”
801.230 “Director”
801.236 “Dismantler”
801.237 “District”
defined for certain purposes
801.245 “Driver
license”
801.250 “Driver
permit”
801.255 “Driving
privilege”
801.258 “Electric
assisted bicycle”
801.259 “Electric
personal assistive mobility device”
801.260 “Emergency
vehicle”
801.261 “Endorsement”
801.263 “Engine
brake”
801.265 “Farm
tractor”
801.270 “Farm
trailer”
801.272 “Field
sobriety test”
801.275 “Fifth
wheel hitch”
801.280 “Financial
responsibility requirements”
801.285 “Fixed
load vehicle”
801.288 “Funeral
escort vehicle”; “funeral lead vehicle”; “funeral procession”
801.290 “Future
responsibility filing”
801.295 “Golf
cart”
801.297 “Gross
combination weight rating”
801.298 “Gross
vehicle weight rating”
801.300 “Group
of axles”
801.303 “Hazardous
materials”
801.305 “Highway”
801.307 “Holds
a commercial driver license”
801.310 “Implement
of husbandry”
801.317 “Inhalant”
801.320 “Intersection”
801.323 “Issue”;
“issuance”
801.325 “Limited
visibility condition”
801.330 “Loaded
weight”
801.331 “Low-speed
vehicle”
801.333 “Manufactured
structure”
801.335 “Manufacturer”
801.345 “Moped”
801.348 “Motor
assisted scooter”
801.350 “Motor
home”
801.355 “Motor
truck”
801.360 “Motor
vehicle”
801.365 “Motorcycle”
801.366 “Motorcycle
helmet”
801.368 “Narrow
residential roadway”
801.370 “Operation”
801.375 “Owner”
801.377 “Ownership
record”
801.380 “Park”
or “parking”
801.385 “Pedestrian”
801.387 “Person
with a disability”
801.390 “Pole
trailer”
801.395 “Police
officer”
801.397 “Prefabricated
structure”
801.400 “Premises
open to the public”
801.402 “Primary
ownership record”
801.404 “Racing
activity vehicle”
801.406 “Rail
fixed guideway system”
801.408 “Reconstructed
vehicle”
801.409 “Recreational
vehicle”
801.410 “Registration”
or “register”
801.415 “Registration
plate”
801.420 “Registration
weight”
801.425 “Replica”
801.430 “Residence
district”
801.435 “Revoked”
801.440 “Right
of way”
801.445 “Road
authority”
801.450 “Roadway”
801.451 “Roundabout”
801.454 “Salvage
title certificate”
801.455 “School
activity vehicle”
801.460 “School
bus”
801.462 “School
zone”
801.465 “Security
interest”
801.470 “Self-supporting
trailer”
801.475 “Semitrailer”
801.477 “Serious
traffic violation”
801.480 “Shoulder”
801.485 “Sidewalk”
801.490 “Snowmobile”
801.500 “Special
use trailer”
801.505 “Stand”
or “standing”
801.507 “Stinger-steered”
801.510 “Stop”
801.513 “Street
rod”
801.515 “Suspend”
801.520 “Tandem
axles”
801.522 “Tank
vehicle”
801.524 “Throughway”
801.525 “Tire”
801.526 “Title”
801.527 “Totaled
vehicle”; “totaled”
801.529 “Tow
dolly”
801.530 “Tow
vehicle”
801.540 “Traffic
control device”
801.545 “Traffic
crime”
801.555 “Traffic
offense”
801.557 “Traffic
violation”
801.560 “Trailer”
801.562 “Transitional
ownership record”
801.565 “Travel
trailer”
801.575 “Truck
tractor”
801.580 “Truck
trailer”
801.585 “Unloaded
weight”
801.590 “Vehicle”
801.592 “Vehicle
appraiser”
801.595 “Vehicle
code”
801.600 “Vehicle
identification number”
801.605 “Vehicle
of special interest”
801.608 “Vulnerable
user of a public way”
801.610 “Worker
transport bus”
GENERAL PROVISIONS
801.010
Short title. (1) ORS
chapters 801 to 826 may be cited as the Oregon Vehicle Code.
(2) ORS 809.600 to 809.660 may be cited as
the Habitual Traffic Offenders Act.
(3) ORS 813.095, 813.100, 813.131,
813.132, 813.140, 813.150, 813.310, 813.320 and 813.410 to 813.440 may be cited
as the Motorist Implied Consent Law. [1983 c.338 §1; 1985 c.16 §2; 1995 c.733 §10;
1997 c.25 §4; 2003 c.814 §4]
801.015
Effect of naming offenses.
The names given offenses in the vehicle code do not establish or limit the
elements of the offense described but are merely for the convenience of the
readers of the vehicle code and of the persons administering and enforcing the
vehicle code. [1983 c.338 §2]
801.020
Statements of policy and purpose; applicability of vehicle code. This section contains statements of purpose
or intent that are applicable to portions of the vehicle code as described in
the following:
(1) The provisions of the vehicle code and
other statutory provisions described in this subsection are an exercise of the
police powers of this state, and the purpose, object and intent of the sections
is to provide a comprehensive system for the regulation of all motor and other
vehicles in this state. This subsection is applicable to the following:
(a) Those provisions of the vehicle code
relating to the administration of the Department of Transportation.
(b) Those provisions of the vehicle code
relating to the registration and titling of vehicles.
(c) Those provisions of the vehicle code
relating to the regulation of the businesses of vehicle dealers, dismantlers,
vehicle transporters, driver training schools and instructors and the towing
and recovery of vehicles.
(d) Those provisions relating to the
transfer and alteration of vehicles.
(2) It is the policy of this state to
promote and encourage the fullest possible use of its highway system by
authorizing the making and execution of motor vehicle reciprocal or
proportional registration agreements, arrangements and declarations with other
states, provinces, territories and countries with respect to vehicles
registered in this and such other states, provinces, territories and countries,
thus contributing to the economic and social development and growth of this
state.
(3) The provisions described in this
subsection shall be applicable and uniform throughout this state and in all
political subdivisions and municipalities therein and on the ocean shore which
has been or may hereafter be declared a state recreation area. This subsection
applies to provisions of the vehicle code relating to abandoned vehicles,
vehicle equipment, regulation of vehicle size, weight and load, the manner of
operation of vehicles and use of roads by persons, animals and vehicles.
(4) The provisions of the vehicle code
applicable to drivers of vehicles upon the highways shall apply to the drivers
of all vehicles owned or operated by the United States, this state or any
county, city, district or any other political subdivision of this state,
subject to such specific exceptions as are set forth in the vehicle code.
(5) Except as provided otherwise by federal
law, the provisions of the vehicle code shall be applicable and uniform on
federal lands within this state.
(6) Except as provided otherwise by
federal law, traffic rules and regulations which are promulgated by a federal
authority having jurisdiction over federal lands within this state and which
vary from the provisions of the vehicle code shall be the law of the local
authority within whose boundaries the federal land is located, and enforceable
as such, if:
(a) Local authorities are authorized to vary
in the same manner under the provisions of the vehicle code; and
(b) Prior approval for the variance has
been obtained by the federal authority from the governing body of the local
authority within whose boundaries the federal land is located.
(7) The vehicle code shall govern the
construction of and punishment for any vehicle code offense committed after
June 27, 1975, the construction and application of any defense to a prosecution
for such an offense and any administrative proceedings authorized or affected
by the vehicle code.
(8) When all or part of a vehicle code
statute is amended or repealed, the statute or part thereof so amended or
repealed remains in force for the purpose of authorizing the accusation,
prosecution, conviction and punishment of a person who violated the statute or
part thereof before the effective date of the amending or repealing Act.
(9) The provisions of the vehicle code
described in this subsection relating to the operation of vehicles refer
exclusively to operation of vehicles upon highways and the ocean shore which
has been or may hereafter be declared to be a state recreation area, except
where the vehicle code specifically provides otherwise. This subsection applies
to the provisions of the vehicle code relating to abandoned vehicles, vehicle
equipment, regulation of vehicle size, weight and load, the manner of operation
of vehicles and use of roads by persons, animals and vehicles.
(10) All reciprocity and proportional
registration agreements, arrangements and declarations relating to vehicles, in
force and effect on August 22, 1969, shall continue in force and effect until
specifically amended or revoked as provided by law or by such arrangements or
agreements.
(11) It is hereby declared to be the
policy of this state:
(a) To provide maximum safety for all
persons who travel or otherwise use the public highways of this state;
(b) To deny the privilege of operating
motor vehicles on the public highways to persons who by their conduct and
record have demonstrated their indifference for the safety and welfare of
others and their disrespect for the laws of the state, the orders of its courts
and the statutorily required acts of its administrative agencies; and
(c) To discourage repetition of criminal
acts by individuals against the peace and dignity of the state and its
political subdivisions and to impose increased and added deprivation of the
privilege to operate motor vehicles upon habitual offenders who have been
convicted repeatedly of violations of traffic laws.
(12) If any of the provisions under ORS
818.200 relating to variance permits are found to contravene section 127 of
title 23, United States Code, it shall not serve to render inoperative any
remaining of such provisions that may be held not to conflict with that federal
law. [1983 c.338 §4; 1985 c.16 §4; 2003 c.655 §84b; 2005 c.654 §36]
801.025 [1983 c.338 §5; 1985 c.16 §5; 1987 c.447 §139;
repealed by 1989 c.400 §1 (801.026 enacted in lieu of 801.025)]
801.026
General exemptions; exceptions.
(1) Persons, motor vehicles and equipment employed or used by a public or
telecommunications utility, electric cooperative or by the United States, this
state or any political subdivision of this state are exempt from the provisions
of the vehicle code specified in subsection (3) of this section while on a
highway and working or being used to service, construct, maintain or repair the
facilities of a utility.
(2) Persons, motor vehicles and equipment
employed or being used in the construction or reconstruction of a street or
highway are exempt from the provisions of the vehicle code specified in
subsection (3) of this section if:
(a) They are within the immediate
construction project as described in the governmental agency contract, if there
is a contract; and
(b) The work is being done in an area that
is signed in accordance with the manual adopted under ORS 810.200.
(3) Persons, motor vehicles and equipment
described in subsections (1) and (2) of this section are exempt from provisions
of the vehicle code relating to rules of the road as described in ORS chapter
811, except that this subsection does not apply to:
(a) Reckless driving, as defined in ORS
811.140.
(b) Driving while under the influence of
intoxicants, as defined in ORS 813.010.
(c) Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS 811.700 or
811.705.
(d) Criminal driving while suspended or
revoked, as defined in ORS 811.182.
(e) Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
(f) The provisions of ORS 811.145,
811.155, 811.170 and 811.175.
(4) Motor vehicles and equipment being
used in the area and in the manner described in subsection (2) of this section
are also exempt from the provisions of the vehicle code relating to vehicle
size and weight to the extent set out in the governmental agency contract.
(5) Devices moved exclusively on
stationary rail tracks are exempt from the vehicle code.
(6) Devices that are powered exclusively
by human power are not subject to those provisions of the vehicle code that
relate to vehicles. Notwithstanding this subsection, bicycles are generally
subject to the vehicle code as provided under ORS 814.400.
(7) The exemptions in subsection (3) of
this section do not apply to the persons and vehicles when traveling to or from
the facilities or construction project. [1989 c.400 §2 (enacted in lieu of
801.025); 1999 c.1051 §82]
801.030
Exemptions from amendments to vehicle code. This section describes exemptions from specific changes to the vehicle
code. The exemptions allow some practice or right to continue after the change
is made. The exemptions are as follows:
(1) Nothing contained in ORS 810.150 shall
require the redesign, modification or replacement of street drains installed
prior to September 13, 1975.
(2) Sections 2 to 169 of chapter 451,
Oregon Laws 1975, shall not apply to or govern the construction of or
punishment for any vehicle code offense committed before June 27, 1975, or the
construction and application of any defense to a prosecution for such an
offense and do not impair or render ineffectual any court or administrative
proceedings or procedural matters which occurred before June 27, 1975. [1983
c.338 §6; 1985 c.171 §1]
801.035 [1983 c.338 §7; 1985 c.16 §6; 1985 c.400 §1;
1989 c.43 §15; 1991 c.407 §19; repealed by 1995 c.733 §74]
801.038
Local government regulation of cell phones in motor vehicles. A city, county or other local government may
not enact or enforce any charter provision, ordinance, resolution or other
provision regulating the use of cellular telephones in motor vehicles. [2001
c.133 §1]
Note: 801.038 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
801.040
Authority to adopt special provisions. This section describes circumstances where special provisions are made
concerning the authority of cities, counties or other political subdivisions in
relation to some portion of the vehicle code. This section is not the only
section of the vehicle code that applies to such authority and shall not be
interpreted to affect the vehicle code except as specifically provided in this section.
The following limits are partial or complete as described:
(1) No county, municipal or other local
body with authority to adopt and administer local police regulations under the
Constitution and laws of this state shall enact or enforce any rule or
regulation in conflict with the provisions of the vehicle code described in
this subsection except as specifically authorized in the vehicle code. This
subsection applies to the provisions of the vehicle code relating to abandoned
vehicles, vehicle equipment, regulation of vehicle size, weight and load, the
manner of operation of vehicles and use of roads by persons, animals and
vehicles.
(2) Except as provided in ORS 822.230 and
this subsection, no city, county or other political subdivisions shall regulate
or require or issue any registration, licenses, permits or surety bonds or
charge any fee for the regulatory or surety registration of any person required
to obtain a certificate from the Department of Transportation under ORS
822.205. This subsection does not:
(a) Limit any authority of a city or
county to license and collect a general and nondiscriminatory license fee
levied upon all businesses or to levy a tax based upon business conducted by
any person within the city or county.
(b) Limit the authority of any city or
county to impose any requirements or conditions as part of any contract to
perform towing or recovering services for the city or county.
(c) Limit the authority of any city or
county to impose requirements and conditions that govern the towing of a
vehicle by a towing business under ORS 98.812 so long as those requirements and
conditions are consistent with the provisions of ORS 822.230.
(3) No city, county or other political
subdivision of this state, nor any state agency, may adopt a regulation or
ordinance that imposes a special fee for the use of public lands or waters by
snowmobiles or Class I all-terrain vehicles, or for the use of any access
thereto that is owned by or under the jurisdiction of either the United States,
this state or any such city, county or other political subdivision. The
registration fees provided by ORS 821.320 are in lieu of any personal property
or excise tax imposed on snowmobiles by this state or any political
subdivision. No city, county or other municipality, and no state agency shall
impose any other registration or license fee on any snowmobile in this state.
This subsection does not prohibit any city, county or other political
subdivision, or any state agency from regulating the operation of snowmobiles
or Class I all-terrain vehicles on public lands, waters and other properties
under its jurisdiction and on streets or highways within its boundaries by
adopting regulations or ordinances of its governing body if such regulations
are not inconsistent with ORS 821.150 to 821.292.
(4) The provisions of ORS 819.100,
819.120, 819.150, 819.160, 819.210 to 819.260 and 819.480 relating to removal
of vehicles that are abandoned establish minimum requirements subject to the
following:
(a) Notwithstanding paragraph (b) of this
subsection, a county or incorporated city may supersede such provisions by
ordinance or charter provision.
(b) Any road authority described under ORS
810.010 may adopt rules or procedures that do not conflict with such provisions
to provide for additional protection for the owner or person with an interest
in a vehicle subject to such provisions or that more quickly accomplish the
procedures established under such provisions.
(5) Any incorporated city may by ordinance
require that the driver of a vehicle involved in an accident file with a
designated city department a copy of any report required to be filed under ORS
811.725. All such reports shall be for the confidential use of the city
department but subject to the same requirements for release of such reports as
provided for the release of such reports by the department under ORS 802.220
and 802.240.
(6) Except as otherwise specifically
provided in this section, in accordance with the provisions of ORS 801.041, the
governing body of a county may establish by ordinance registration fees for
vehicles registered at a residence or business address within the county.
(7) Except as otherwise specifically
provided in this section, in accordance with the provisions of ORS 801.042, the
governing body of a district may establish by ordinance registration fees for
vehicles registered at a residence or business address within the district. [1983
c.338 §8; 1985 c.16 §7; 1985 c.171 §2; 1985 c.459 §2a; 1987 c.765 §3; 1989
c.864 §3; 1989 c.991 §22; 1995 c.758 §5; 1995 c.774 §6; 1999 c.977 §13]
801.041
Terms and conditions for imposition of registration fee by county. The following apply to the authority granted
to counties by ORS 801.040 to establish registration fees for vehicles:
(1) An ordinance establishing registration
fees under this section must be enacted by the county imposing the registration
fee and filed with the Department of Transportation. Any ordinance establishing
registration fees that is enacted by the governing body of a county must be
submitted to the electors of the county for their approval. The governing body
of the county imposing the registration fee shall enter into an
intergovernmental agreement under ORS 190.010 with the department by which the
department shall collect the registration fees, pay them over to the county
and, if necessary, allow the credit or credits described in ORS 803.445 (5).
The intergovernmental agreement must state the date on which the department
shall begin collecting registration fees for the county.
(2) The authority granted by this section
allows the establishment of registration fees in addition to those described in
ORS 803.420. There is no authority under this section to affect registration
periods, qualifications, cards, plates, requirements or any other provision
relating to vehicle registration under the vehicle code.
(3) Except as otherwise provided for in
this subsection, when registration fees are imposed under this section, they
must be imposed on all vehicle classes. Registration fees as provided under
this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain
vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100
to disabled veterans.
(d) Vehicles registered as antique
vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of
special interest under ORS 805.020.
(f) Government-owned or operated vehicles
registered under ORS 805.040 or 805.045.
(g) School buses or school activity
vehicles registered under ORS 805.050.
(h) Law enforcement undercover vehicles
registered under ORS 805.060.
(i) Vehicles registered on a proportional
basis for interstate operation.
(j) Vehicles with a registration weight of
26,001 pounds or more described in ORS 803.420 (10) or (11).
(k) Vehicles registered as farm vehicles
under the provisions of ORS 805.300.
(L) Travel trailers, campers and motor
homes.
(4) Any registration fee imposed by a
county must be a fixed amount not to exceed, with respect to any vehicle class,
the registration fee established under ORS 803.420 (1). For vehicles on which a
flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount.
(5) Moneys from registration fees
established under this section must be paid to the county establishing the
registration fees as provided in ORS 802.110. The county ordinance shall
provide for payment of at least 40 percent of the money to cities within the
county unless a different distribution is agreed to between the county and the
cities within the jurisdiction of the county. The moneys shall be used for any
purpose for which moneys from registration fees may be used.
(6) Two or more counties may act jointly
to impose a registration fee under this section. The ordinance of each county
acting jointly with another under this subsection must provide for the
distribution of moneys collected through a joint registration fee.
(7) Before the governing body of a county
that overlaps a district can impose a registration fee under this section, it
must enter into an intergovernmental agreement under ORS 190.010 with the
governing bodies of that district and all counties, other districts and cities
with populations of over 300,000 that overlap the district. The
intergovernmental agreement must state the registration fees and, if necessary,
how the revenue from the fees are to be apportioned among the counties and the
districts. Before the governing body of a county can enter into such an
intergovernmental agreement, the county shall consult with the cities in its
jurisdiction. [1989 c.864 §4; 1993 c.751 §3; 2003 c.655 §85]
Note: 801.041, 801.042 and 801.043 were enacted
into law by the Legislative Assembly but were not added to or made a part of
the Oregon Vehicle Code or any chapter or series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
801.042
Terms and conditions for imposition of registration fee by district. The following apply to the authority granted
to a district by ORS 801.040 to establish registration fees for vehicles:
(1) Before the governing body of a
district can impose a registration fee under this section, it must submit the
proposal to the electors of the district for their approval and, if the
proposal is approved, enter into an intergovernmental agreement under ORS
190.010 with the governing bodies of all counties, other districts and cities
with populations of over 300,000 that overlap the district. The
intergovernmental agreement must state the registration fees and, if necessary,
how the revenue from the fees shall be apportioned among counties and the
districts. Before the governing body of a county can enter into such an
intergovernmental agreement, the county shall consult with the cities in its
jurisdiction.
(2) If a district raises revenues from a
registration fee for purposes related to highways, roads, streets and roadside
rest areas, the governing body of that district shall establish a Regional
Arterial Fund and shall deposit in the Regional Arterial Fund all such
registration fees.
(3) Interest received on moneys credited
to the Regional Arterial Fund shall accrue to and become a part of the Regional
Arterial Fund.
(4) The Regional Arterial Fund must be
administered by the governing body of the district referred to in subsection
(2) of this section and such governing body by ordinance may disburse moneys in
the Regional Arterial Fund. Moneys within the Regional Arterial Fund may be
disbursed only for a program of projects recommended by a joint policy advisory
committee on transportation consisting of local officials and state agency
representatives designated by the district referred to in subsection (2) of
this section. The projects for which the joint policy advisory committee on
transportation can recommend funding must concern arterials, collectors or
other improvements designated by the joint policy advisory committee on
transportation.
(5) Ordinances establishing registration
fees under this section must be filed with the Department of Transportation.
The governing body of the district imposing the registration fee shall enter
into an intergovernmental agreement under ORS 190.010 with the department by
which the department shall collect the registration fees, pay them over to the
district and, if necessary, allow the credit or credits described in ORS
803.445 (5). The intergovernmental agreement must state the date on which the
department shall begin collecting registration fees for the district.
(6) The authority granted by this section
allows the establishment of registration fees in addition to those described in
ORS 803.420. There is no authority under this section to affect registration
periods, qualifications, cards, plates, requirements or any other provision
relating to vehicle registration under the vehicle code.
(7) Except as otherwise provided for in
this subsection, when registration fees are imposed under this section, the
fees must be imposed on all vehicle classes. Registration fees as provided
under this section may not be imposed on the following:
(a) Snowmobiles and Class I all-terrain
vehicles.
(b) Fixed load vehicles.
(c) Vehicles registered under ORS 805.100
to disabled veterans.
(d) Vehicles registered as antique
vehicles under ORS 805.010.
(e) Vehicles registered as vehicles of
special interest under ORS 805.020.
(f) Government-owned or operated vehicles
registered under ORS 805.040 or 805.045.
(g) School buses or school activity
vehicles registered under ORS 805.050.
(h) Law enforcement undercover vehicles
registered under ORS 805.060.
(i) Vehicles registered on a proportional
basis for interstate operation.
(j) Vehicles with a registration weight of
26,001 pounds or more described in ORS 803.420 (10) or (11).
(k) Vehicles registered as farm vehicles
under the provisions of ORS 805.300.
(L) Travel trailers, campers and motor
homes.
(8) Any registration fee imposed by the
governing body of a district must be a fixed amount not to exceed, with respect
to any vehicle class, the registration fee established under ORS 803.420 (1).
For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be
a whole dollar amount. [1989 c.864 §5; 1993 c.751 §4; 2003 c.655 §86]
Note: See note under 801.041.
801.043
Moneys required by department for initial implementation of registration fees. Moneys required by the Department of
Transportation to establish a system for the initial implementation of the
collection and distribution of additional registration fees authorized by
chapter 864, Oregon Laws 1989, shall be taken from the moneys that would
otherwise be distributed to the counties and cities under ORS 366.739. [1989
c.864 §9]
Note: See note under 801.041.
Note: Legislative Counsel has substituted “chapter
864, Oregon Laws 1989,” for the words “this Act” in section 9, chapter 864,
Oregon Laws 1989, compiled as 801.043. Specific ORS references have not been
substituted, pursuant to 173.160. The sections for which substitution otherwise
would be made may be determined by referring to the 1989 Comparative Section
Table located in Volume 20 of ORS.
801.045
Permissive use of private roadway. Nothing in the provisions of the vehicle code described in this
section shall prevent the owner of real property used by the public for
purposes of vehicular travel by permission of the owner and not as a matter of
right from prohibiting such use, or from requiring different or additional
conditions than those specified or from otherwise regulating such use as may
seem best to such owner. This section applies to the provisions of the vehicle
code relating to abandoned vehicles, vehicle equipment, regulation of vehicle
size, weight and load, the manner of operation of vehicles and use of roads by
persons, animals and vehicles. [1983 c.338 §9]
801.050
Privilege of motorist to use highways. Subject to compliance with the motor vehicle law of this state, owners
and operators of motor vehicles are granted the privilege of using the highways
of this state. [1983 c.338 §10; 1985 c.16 §8]
801.055
Weight standards; Department of Transportation responsibility for weight
determination; rules. (1)
References in the vehicle code to weights and measures refer to United States
Standards thereof.
(2) For purposes of the vehicle code, the
weights of vehicles, combinations of vehicles, parts of vehicles, wheels or
axles shall be determined by the use of methods, procedures and devices
established by the Department of Transportation by rule. The rules established
in accordance with this subsection may include any or all of the following:
(a) Methods and procedures to determine
weights when weighing devices or facilities are not convenient.
(b) Standards and certification procedures
for weighing devices.
(c) Any other rules the department
determines necessary or convenient for purposes of this subsection. [1983 c.338
§11; 1985 c.172 §1]
DEFINITIONS
801.100
Definitions generally.
Except where the context requires otherwise, the definitions given in the
vehicle code govern its construction. [1983 c.338 §12]
801.105 [1983 c.338 §13; repealed by 1993 c.741 §147]
801.110
“Alley.” “Alley” means a
street or highway primarily intended to provide access to the rear or side of
lots or buildings in urban areas and not intended for through vehicular
traffic. [1983 c.338 §14]
801.115
“Ambulance.” “Ambulance”
means any privately or publicly owned motor vehicle that is regularly provided
or offered to be provided for the emergency transportation of persons who are
ill or injured or who have disabilities. [1983 c.338 §15; 2007 c.70 §320]
801.120
“Ambulatory disability.” “Ambulatory
disability” means a disability because of which a person:
(1) Has a physical and permanent
disability to such a degree that the person is unable to move from place to
place without the aid of a wheelchair;
(2) Is not able to cross curbs because of
paralysis or loss of function of the person’s legs;
(3) Is missing one or both legs; or
(4) Has a permanently impaired or unsteady
gait that makes it impossible or impractical to walk as a means of
transportation. [1983 c.338 §16; 2007 c.70 §321]
801.125
“Antique vehicle.” “Antique
vehicle” means a vehicle that is older than one-half the number of years
between the current year and 1900 and that is maintained as a collector’s item.
[1983 c.338 §17; 2003 c.122 §1]
801.127
“Arterial.” “Arterial” or “arterial
highway” means a highway that is used primarily by through traffic. [1997 c.404
§2]
801.130
“Assembled vehicle.” “Assembled
vehicle” means a vehicle:
(1) With a body that does not resemble any
particular year model or make of vehicle;
(2) That is not a vehicle rebuilt by a manufacturer;
(3) That is not a vehicle built in a
factory where the year model and make are assigned at the factory; and
(4) That is not an antique vehicle, a
vehicle of special interest, a reconstructed vehicle or a replica. [1983 c.338 §18;
1985 c.402 §3]
801.135
“Axle.” “Axle” means any
structure or structures, whether in one or more segments, of any vehicle,
supported by wheels and on which the wheels rotate, so spaced longitudinally
that the centers thereof are included between two vertical parallel transverse
planes 40 inches apart. [1983 c.338 §19]
801.140
“Balance trailer.” “Balance
trailer” means every trailer, other than a self-supporting trailer, pole
trailer or semitrailer, designed so that its weight and that of its load is
substantially balanced upon its axle or axles and so that it couples to the
towing vehicle with a device other than a fifth wheel hitch. The definition in
this section is based upon design features and, except as otherwise provided in
this section, does not prohibit a balance trailer from fitting into another
classification of trailer based on use. [1983 c.338 §20; 1985 c.16 §9]
801.145
“Base fine amount.” “Base
fine amount” means the amount established under ORS 153.125 to 153.145 for the
purposes specified in ORS chapter 153. [1983 c.338 §21; 1999 c.1051 §278]
801.150
“Bicycle.” “Bicycle” means a
vehicle that:
(1) Is designed to be operated on the
ground on wheels;
(2) Has a seat or saddle for use of the
rider;
(3) Is designed to travel with not more
than three wheels in contact with the ground;
(4) Is propelled exclusively by human
power; and
(5) Has every wheel more than 14 inches in
diameter or two tandem wheels either of which is more than 14 inches in
diameter. [1983 c.338 §22]
801.155
“Bicycle lane.” “Bicycle
lane” means that part of the highway, adjacent to the roadway, designated by
official signs or markings for use by persons riding bicycles except as
otherwise specifically provided by law. [1983 c.338 §23]
801.160
“Bicycle path.” “Bicycle
path” means a public way, not part of a highway, that is designated by official
signs or markings for use by persons riding bicycles except as otherwise
specifically provided by law. [1983 c.338 §24]
801.163
“Biometric data.” “Biometric
data” means measurements of the physical characteristics of an individual’s
face that can be used to authenticate the identity of an individual. [2005
c.775 §2]
Note: 801.163 becomes operative July 1, 2008. See
section 17, chapter 775, Oregon Laws 2005.
801.165
“Bus trailer.” “Bus trailer”
means any trailer designed or used for carrying human beings. [1983 c.338 §25]
801.170
“Business district.” “Business
district” means the territory contiguous to a highway when 50 percent or more
of the frontage thereon for a distance of 600 feet or more on one side, or 300
feet or more on both sides, is occupied by buildings used for business. [1983
c.338 §26]
801.175
“Canceled”; “cancellation.”
(1) “Canceled,” with reference to vehicle registration or title, means that the
registration or title is declared void and terminated and new registration or
title may be obtained only as permitted by law.
(2) “Cancellation” with reference to
driving privileges or identification cards means the annulment or termination
by formal action of the Department of Transportation of a person’s driving
privileges or identification card, or of a person’s right to apply for
privileges or identification card, because of some error or defect in a
document or because the person is not eligible for the privileges or card. [1983
c.338 §27; 1985 c.16 §10; 1993 c.393 §1]
801.180
“Camper.” “Camper” means a
structure that:
(1) Has a floor;
(2) Is designed to be mounted upon a motor
vehicle;
(3) Is not permanently attached to a motor
vehicle upon which it is mounted;
(4) Is designed to provide facilities for
human habitation or for camping;
(5) Is six feet or more in overall length;
(6) Is five and one-half feet or more in
height from floor to ceiling at any point; and
(7) Has no more than one axle designed to
support a portion of the weight of the camper. [1983 c.338 §28]
801.183
“Certificate of sale.” “Certificate
of sale” means a document that contains the name and address of the purchaser
and seller of a motor vehicle or component part, the date of sale, the consideration
paid and a description of the vehicle or part and other essential elements of a
sale of a motor vehicle or major component part. [2005 c.654 §2]
801.185
“Certificate of title.” “Certificate
of title” means a paper document issued by any jurisdiction specifically as
evidence of vehicle ownership. A certificate of title is not necessarily the
only evidence of vehicle ownership issued by a jurisdiction. [1983 c.338 §29;
1985 c.16 §11; 1987 c.217 §1; 1989 c.991 §23; 1991 c.873 §22; 1993 c.233 §4]
801.187
“Circulatory roadway.” “Circulatory
roadway” means the portion of a highway within a roundabout that is used by
vehicles to travel counterclockwise around a central island. A circulatory
roadway does not have a crosswalk. [2001 c.464 §3]
801.190
“Class I all-terrain vehicle.”
“Class I all-terrain vehicle” means a motorized, off-highway recreational
vehicle 50 inches or less in width with a dry weight of 800 pounds or less that
travels on three or more low pressure tires, has a saddle or seat for the
operator and is designed for or capable of cross-country travel on or
immediately over land, water, sand, snow, ice, marsh, swampland or other
natural terrain. [1985 c.459 §2; 1995 c.775 §9; 1997 c.228 §1]
801.193
“Class II all-terrain vehicle.”
“Class II all-terrain vehicle” means any motor vehicle that:
(1) Weighs more than a Class I all-terrain
vehicle;
(2) Is designed for or capable of
cross-country travel on or immediately over land, water, sand, snow, ice,
marsh, swampland or other natural terrain; and
(3) Is actually being operated off a
highway or is being operated on a highway for agricultural purposes under ORS
821.191. [1987 c.587 §2; 2005 c.227 §1; 2007 c.207 §1]
801.194
“Class III all-terrain vehicle.” “Class III all-terrain vehicle” means an off-highway motorcycle with a
dry weight of 600 pounds or less that travels on two tires. [1989 c.991 §2]
801.195 [1983 c.338 §31; renumbered 801.198 in 1997]
801.196 [1989 c.723 §2; 1991 c.284 §4; renumbered
801.199 in 1997]
801.197
“Collector.” “Collector” or “collector
highway” means a highway that serves primarily to funnel traffic from one local
highway to another or between arterials and local highways. [1997 c.404 §3]
801.198
“Combination of vehicles.” “Combination
of vehicles” means two or more vehicles coupled together. [Formerly 801.195]
801.199
“Combined weight.” “Combined
weight” means the total empty weight of all vehicles in a combination plus the
total weight of the load carried on that combination of vehicles. [Formerly 801.196]
801.200
“Commercial bus.” “Commercial
bus” means every motor vehicle designed or used for carrying passengers and
their personal baggage and express for compensation, except:
(1) Taxicabs that:
(a) Are passenger vehicles with a
passenger seating capacity that does not exceed five;
(b) Carry passengers for hire where
destination and route traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee, distance traveled
or waiting time;
(c) Are operated under a current license
or permit issued by a city, county or other unit of local government where a
permit or license is required for the operation of a taxicab; and
(d) Transport persons or property, or
both, between points in
(2) Vehicles commonly known and used as
private passenger vehicles and not operated for compensation except in the
transportation of students to or from school. [1983 c.338 §32; 1985 c.16 §12]
801.205
“Commercial bus trailer.” “Commercial
bus trailer” means a bus trailer:
(1) That is designed or used for carrying
passengers and their personal baggage for compensation.
(2) Other than a vehicle commonly known
and used as a private passenger vehicle not operated for compensation except in
the transportation of students to or from school. [1983 c.338 §33; 1985 c.16 §13]
801.207
“Commercial driver license.”
“Commercial driver license” means a driver license issued by this state or any
other jurisdiction that authorizes its holder to drive a commercial motor vehicle
if the holder also has any necessary endorsements to the license. [1989 c.636 §3;
2003 c.14 §457]
801.208
“Commercial motor vehicle.”
(1) “Commercial motor vehicle” means a motor vehicle or combination of motor
vehicles that:
(a) Has a gross combination weight rating
of 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds;
(b) Has a gross vehicle weight rating of
26,001 pounds or more;
(c) Is designed to transport 16 or more
persons, including the driver; or
(d) Is of any size and is used in the
transportation of hazardous materials.
(2) Notwithstanding subsection (1) of this
section, the term “commercial motor vehicle” does not include the following:
(a) An emergency fire vehicle being
operated by firefighters as defined in ORS 652.050;
(b) Emergency vehicles being operated by
emergency service workers as defined in ORS 401.025;
(c) A motor home used to transport or
house, for nonbusiness purposes, the operator or the operator’s family members
or personal possessions;
(d) A vehicle that is owned or leased by,
or operated under contract with, a mass transit district or a transportation
district when the vehicle is actually being used to transport passengers for
hire and is being operated by a volunteer driver, so long as the vehicle is not
one described in subsection (1)(a) to (d) of this section; or
(e) A recreational vehicle that is
operated solely for personal use. [1989 c.636 §2; 1991 c.185 §1; 1991 c.676 §1;
1999 c.359 §1; 2007 c.387 §1]
801.210
“Commercial vehicle.” “Commercial
vehicle” means a vehicle that:
(1) Is used for the transportation of
persons for compensation or profit; or
(2) Is designed or used primarily for the
transportation of property. [1983 c.338 §34]
801.215
“Commission.” “Commission”
means the Oregon Transportation Commission. [1983 c.338 §35]
801.217
“Converter dolly.” “Converter
dolly” means an auxiliary axle assembly equipped with a fifth wheel hitch and
used to convert a semitrailer to a full trailer. [1991 c.284 §2]
801.220
“Crosswalk.” “Crosswalk”
means any portion of a roadway at an intersection or elsewhere that is
distinctly indicated for pedestrian crossing by lines or other markings on the
surface of the roadway that conform in design to the standards established for
crosswalks under ORS 810.200. Whenever marked crosswalks have been indicated,
such crosswalks and no other shall be deemed lawful across such roadway at that
intersection. Where no marked crosswalk exists, a crosswalk is that portion of
the roadway described in the following:
(1) Where sidewalks, shoulders or a
combination thereof exists, a crosswalk is the portion of a roadway at an
intersection, not more than 20 feet in width as measured from the prolongation
of the lateral line of the roadway toward the prolongation of the adjacent
property line, that is included within:
(a) The connections of the lateral lines
of the sidewalks, shoulders or a combination thereof on opposite sides of the
street or highway measured from the curbs or, in the absence of curbs, from the
edges of the traveled roadway; or
(b) The prolongation of the lateral lines
of a sidewalk, shoulder or both, to the sidewalk or shoulder on the opposite
side of the street, if the prolongation would meet such sidewalk or shoulder.
(2) If there is neither sidewalk nor
shoulder, a crosswalk is the portion of the roadway at an intersection,
measuring not less than six feet in width, that would be included within the
prolongation of the lateral lines of the sidewalk, shoulder or both on the
opposite side of the street or highway if there were a sidewalk. [1983 c.338 §36]
801.225
“Department.” “Department”
means the Department of Transportation. [1983 c.338 §37]
801.230
“Director.” “Director” means
Director of Transportation. [1983 c.338 §38]
801.235 [1983 c.338 §39; 1985 c.139 §3; 1987 c.296 §1;
1989 c.243 §1; 2007 c.70 §322; renumbered 801.387 in 2007]
801.236
“Dismantler.” “Dismantler”
means a person who is engaged in the business of:
(1) Buying, selling, dealing in or
processing, except for processing into scrap metal, motor vehicles for the
purpose of destroying, salvaging, dismantling, disassembling, reducing to major
component parts, crushing, compacting, recycling or substantially altering in
form; or
(2) Buying, selling, dealing in or
processing motor vehicle major component parts that are stocked in the
inventory of the business, if the buying, selling, dealing in or processing of
major component parts is not part of a business selling new vehicles or repairing
vehicles. [2005 c.654 §3]
801.237
“District” defined for certain purposes. As used in this section and ORS 267.001, 268.503, 801.040, 801.041,
801.042, 802.110, 803.420, 803.445 and 803.585, “district” means a mass transit
or transportation district of over 400,000 persons established under ORS
chapter 267 and a metropolitan service district of over 400,000 persons
established under ORS chapter 268. [1989 c.864 §2a]
Note: 801.237 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
801.240 [1983 c.338 §40; repealed by 1993 c.741 §147]
801.245
“Driver license.” “Driver
license” or “license” may have any or all of the meanings provided for the
terms under this section as required or appropriate under the section referring
to the term. The term “driver license” may be used interchangeably with “license”
and either term may be used in any or all of the following ways:
(1) It may refer to a document issued by
this state or any other jurisdiction as evidence of a grant of driving
privileges.
(2) It may refer to general driving
privileges granted by this state or another jurisdiction. [1983 c.338 §54; 1985
c.182 §1; 1985 c.608 §2]
801.250
“Driver permit.” “Driver
permit” means a grant of driving privileges by this state or another
jurisdiction that is more limited than those available under a license or that
is only available under special or limited circumstances. The term may also
refer to a document issued as evidence of a grant of driving privileges under a
driver permit. Driver permits issued by this state include the following:
(1) Applicant temporary driver permit described
under ORS 807.310.
(2) Court issued temporary driver permit
described under ORS 807.320.
(3) Disability golf cart driver permit
described under ORS 807.210.
(4) Emergency driver permit described
under ORS 807.220.
(5) Instruction driver permit described
under ORS 807.280.
(6) Hardship driver permit described under
ORS 807.240.
(7) Probationary driver permit described
under ORS 807.270.
(8) Special student driver permit
described under ORS 807.230.
(9) Special temporary instruction driver
permit described under ORS 807.290.
(10) Court bail driver permit described
under ORS 807.330.
(11) Temporary driver permit described
under ORS 813.110. [1983 c.338 §41; 1985 c.16 §14; 1985 c.608 §1; 1987 c.801 §1]
801.255
“Driving privilege.” “Driving
privilege” means the grant of authority by a jurisdiction to a person that
allows that person to drive a vehicle on highways within that jurisdiction.
Driving privileges grant authority to a person not to a vehicle. The driving
privilege includes any such grant of authority whether or not documents are
issued as evidence of the authority. In this state, driving privileges may be
granted under:
(1) A license as defined under ORS 801.207
and 801.245.
(2) Driver permits as described in ORS
801.250.
(3) The driving privileges established
under ORS 807.020.
(4) Any endorsement of a license or driver
permit or limitations on a license or driver permit that allows a person to
operate a motor vehicle. [1983 c.338 §42; 1989 c.636 §8; 2003 c.14 §458]
801.258
“Electric assisted bicycle.”
“Electric assisted bicycle” means a vehicle that:
(1) Is designed to be operated on the
ground on wheels;
(2) Has a seat or saddle for use of the
rider;
(3) Is designed to travel with not more
than three wheels in contact with the ground;
(4) Has both fully operative pedals for
human propulsion and an electric motor; and
(5) Is equipped with an electric motor
that:
(a) Has a power output of not more than
1,000 watts; and
(b) Is incapable of propelling the vehicle
at a speed of greater than 20 miles per hour on level ground. [1997 c.400 §2;
1999 c.59 §233]
801.259
“Electric personal assistive mobility device.” “Electric personal assistive mobility device”
means a device that:
(1) Is self-balancing on two nontandem
wheels;
(2) Is designed to transport one person in
a standing position;
(3) Has an electric propulsion system; and
(4) Has a maximum speed of 15 miles per
hour. [2003 c.341 §2]
801.260
“Emergency vehicle.” “Emergency
vehicle” means a vehicle that is equipped with lights and sirens as required
under ORS 820.350 and 820.370 and that is any of the following:
(1) Operated by public police, fire or
airport security agencies.
(2) Designated as an emergency vehicle by
a federal agency.
(3) Designated as an emergency vehicle by
the Director of Transportation. [1983 c.338 §43; 1993 c.751 §5]
801.261
“Endorsement.” ”Endorsement,”
when used in relation to driving privileges, means a grant of driving
privileges, or the evidence thereof, to a person who holds a license, or in
some instances a driver permit, allowing the person to exercise driving
privileges that are not granted by the license or driver permit. The types of
endorsements granted by this state and the driving privileges granted under
each type of endorsement are established by ORS 807.035. [2003 c.14 §461]
801.263
“Engine brake.” (1) “Engine
brake” means a device that converts a power-producing diesel engine into a
power-absorbing air compressor, resulting in a net energy loss.
(2) “Unmuffled engine brake” means an
engine brake that is not equipped with a muffler in good working order. [1993
c.314 §9]
801.265
“Farm tractor.” “Farm
tractor” means a motor vehicle designed and used primarily in agricultural
operations for drawing or operating other farm machines, equipment and
implements of husbandry. [1983 c.338 §44]
801.270
“Farm trailer.” “Farm
trailer” means a vehicle that:
(1) Is without motive power;
(2) Is a vehicle other than an implement
of husbandry;
(3) Is designed to carry property; and
(4) Is drawn by a farm tractor. [1983
c.338 §45]
801.272
“Field sobriety test.” “Field
sobriety test” means a physical or mental test, approved by the Department of
State Police by rule after consultation with the Department of Public Safety
Standards and Training, that enables a police officer or trier of fact to
screen for or detect probable impairment from intoxicating liquor, a controlled
substance, an inhalant or any combination of intoxicating liquor, an inhalant
and a controlled substance. [1989 c.576 §17; 1997 c.853 §60; 1999 c.619 §4]
801.275
“Fifth wheel hitch.” “Fifth
wheel hitch” means a coupling device for vehicles that is commonly known as a
kingpin and fifth wheel assembly. [1983 c.338 §46]
801.280
“Financial responsibility requirements.” “Financial responsibility requirements” means the ability to respond
in damages for liability, on account of accidents arising out of the ownership,
operation, maintenance or use of a motor vehicle in a manner provided under ORS
806.060. [1983 c.338 §74; 1985 c.16 §20]
801.285
“Fixed load vehicle.” “Fixed
load vehicle” means all of the following apply to the vehicle:
(1) It is a vehicle with or without motive
power that is designed and used primarily:
(a) To support and move a permanent load
in the form of equipment or appliances constructed as part of or permanently
attached to the body of the vehicle;
(b) For transportation of equipment or
appliances that are ordinarily kept on or in the vehicle in order that the
vehicle may be used for its primary purpose; and
(c) Except for the transportation of
permanent load, appliances and equipment described in paragraphs (a) and (b) of
this subsection, for purposes other than for the transportation of persons or
property over public highways or streets.
(2) It is a vehicle other than the
following:
(a) A travel trailer.
(b) A tow vehicle, including a tow vehicle
with cranes, hoists or dollies.
(c) A truck-mounted transit mixer.
(d) A self-propelled mobile crane.
(3) It is a vehicle that may include, but
is not limited to, the following vehicles:
(a) Air compressors, air drills, asphalt
plants, asphalt spreaders, bituminous plants, bituminous mixers, bituminous
spreaders and bucket loaders;
(b) Cement batch plants, cement mixers
other than transit mix, cement spreaders, carryalls, crawler cranes, crushers
and crushing plants, diggers and ditchers, power units and plants;
(c) Earthmoving scrapers, electric
generating equipment, electric load-bank and wiring equipment, front-end
loaders, leveling graders, lighting plants and portable wiring, motor graders,
payloaders, power hoists, road graders, scoopmobiles, skip hoists, stackers and
hoists;
(d) Athey wheels, backhoes, bituminous and
cement pavement finishers, drag lines, fork lift trucks, log loaders, mixmobiles,
portable bins, portable parts and storage bins, portable shops, portable
storage tanks, power shovels, road rollers, sheepsfoot rollers and paving
mixers, towermobiles, welders, yarders;
(e) Bituminous and cement finishing
machines, elevator equipment, scarifiers and rooters, traction engines, vibro
screens and rotary screens, wheeled and crawler tractors other than truck
tractors; and
(f) Apron feeders, grain grinders, grain
rollers, sand classifiers and drags, sawmills and special construction equipment,
scrap metal bailers, scrubber screens and plate feeders. [1983 c.338 §47; 1985
c.71 §1; 1995 c.79 §367; 2003 c.655 §87]
801.288
“Funeral escort vehicle”; “funeral lead vehicle”; “funeral procession.” (1) “Funeral escort vehicle” means any
two-wheel or three-wheel vehicle that is accompanying a funeral procession and
is properly equipped under ORS 811.800.
(2) “Funeral lead vehicle” means any
vehicle that is properly equipped under ORS 811.800 and is used to lead and
facilitate the movement of a funeral procession.
(3) “Funeral procession” means two or more
vehicles, including any funeral lead vehicle or funeral escort vehicle,
accompanying the body or cremated remains of a deceased person. [1991 c.482 §§2,3,4]
801.290
“Future responsibility filing.”
“Future responsibility filing” means the requirement described under ORS
806.240 to file and maintain proof of compliance with financial responsibility
requirements with the Department of Transportation. [1983 c.338 §48]
801.295
“Golf cart.” “Golf cart”
means a motor vehicle that:
(1) Has not less than three wheels in
contact with the ground;
(2) Has an unloaded weight less than 1,300
pounds;
(3) Is designed to be and is operated at
not more than 15 miles per hour; and
(4) Is designed to carry golf equipment
and not more than two persons, including the driver. [1983 c.338 §49]
801.297
“Gross combination weight rating.” “Gross combination weight rating” means the gross vehicle weight
rating of the power unit of a vehicle plus the gross vehicle weight rating of
any towed unit. [1989 c.636 §4]
801.298
“Gross vehicle weight rating.”
“Gross vehicle weight rating” means the value specified by the manufacturer as
the maximum loaded weight of a single or a combination vehicle. [1989 c.636 §5;
1991 c.185 §2]
801.300
“Group of axles.” “Group of
axles” means an assemblage of two or more consecutive axles considered together
in determining their combined load effect on a bridge or pavement structure. [1983
c.338 §50; 1985 c.172 §2]
801.303
“Hazardous materials.” “Hazardous
materials” has the meaning given that term in 49 C.F.R. 383.5, as in effect on
July 27, 2005. [1989 c.636 §6; 2005 c.649 §31]
801.305
“Highway.” (1) “Highway”
means every public way, road, street, thoroughfare and place, including bridges,
viaducts and other structures within the boundaries of this state, open, used
or intended for use of the general public for vehicles or vehicular traffic as
a matter of right.
(2) For the purpose of enforcing traffic
offenses contained in the Oregon Vehicle Code, except for ORS 810.230, “highway”
includes premises open to the public that are owned by a homeowners association
and whose boundaries are contained within a service district established on or
before July 1, 2002, under ORS 451.410 to 451.610. [1983 c.338 §51; 2007 c.561 §1]
801.307
“Holds a commercial driver license.” “Holds a commercial driver license” means a person holds a commercial
driver license that is:
(1) Valid;
(2) Expired less than one year; or
(3) Suspended, but not canceled, revoked. [2007
c.122 §3]
801.310
“Implement of husbandry.” “Implement
of husbandry” means a vehicle or device used exclusively in agricultural
operations. Truck trailers with a loaded weight of more than 8,000 pounds,
motor vehicles, bus trailers, manufactured dwellings, prefabricated structures
and recreational vehicles greater than eight and one-half feet in width and
travel trailers are not implements of husbandry unless limited by design to
agricultural uses. [1983 c.338 §52; 1985 c.16 §15; 1987 c.119 §1; 1989 c.723 §3;
1993 c.696 §6; 2003 c.655 §88]
801.315 [1985 c.608 §3; 1989 c.636 §9; repealed by
2003 c.14 §459]
801.317
“Inhalant.” “Inhalant” means
any glue, paint, cement or other substance that is capable of causing
intoxication and that contains one or more of the following chemical compounds:
(1) Acetone;
(2) Amyl acetate;
(3) Benzol or benzene;
(4) Butane;
(5) Butyl acetate;
(6) Butyl alcohol;
(7) Carbon tetrachloride;
(8) Chloroform;
(9) Cyclohexanone;
(10) Difluoroethane;
(11) Ethanol or ethyl alcohol;
(12) Ethyl acetate;
(13) Hexane;
(14) Isopropanol or isopropyl alcohol;
(15) Isopropyl acetate;
(16) Methyl cellosolve acetate;
(17) Methyl ethyl ketone;
(18) Methyl isobutyl ketone;
(19) Nitrous oxide;
(20) Toluol or toluene;
(21) Trichloroethylene;
(22) Tricresyl phosphate;
(23) Xylol or xylene; or
(24) Any other solvent, material,
substance, chemical or combination thereof having the property of releasing
toxic vapors or fumes. [1999 c.619 §2]
801.320
“Intersection.” “Intersection”
means the area of a roadway created when two or more roadways join together at
any angle, as described in one of the following:
(1) If the roadways have curbs, the
intersection is the area embraced within the prolongation or connection of the
lateral curb lines.
(2) If the roadways do not have curbs, the
intersection is the area embraced within the prolongation or connection of the
lateral boundary lines of the roadways.
(3) The junction of an alley with a
roadway does not constitute an intersection.
(4) Where a highway includes two roadways
30 feet or more apart, then every crossing of each roadway of the divided
highway by an intersection highway is a separate intersection. In the event the
intersection highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of such highways is a separate intersection. [1983
c.338 §53]
801.323
“Issue”; “issuance.” “Issue”
or “issuance,” when used in relation to title, means either the creation of a
record of title for a vehicle or physical delivery of a certificate of title to
a person, or both. [1993 c.233 §3]
801.325
“Limited visibility condition.”
“Limited visibility condition” means:
(1) Any time from sunset to sunrise; and
(2) Any other time when, due to
insufficient light or unfavorable atmospheric conditions, persons and vehicles
are not clearly discernible on a straight, level, unlighted highway at a
distance of 1,000 feet ahead. [1983 c.338 §55; 1987 c.158 §159]
801.330
“Loaded weight.” “Loaded weight”
means the weight transmitted to the road, through an axle or set of axles, when
the vehicle is fully loaded. [1983 c.338 §56; 1989 c.723 §4]
801.331
“Low-speed vehicle.” “Low-speed
vehicle” means a four wheeled motor vehicle with a top speed of more than 20
miles per hour but not more than 25 miles per hour. [2001 c.293 §5]
801.332 [1993 c.696 §2; repealed by 2003 c.655 §143]
801.333
“Manufactured structure.” “Manufactured
structure” has the meaning given that term in ORS 446.561. [1993 c.696 §3; 2003
c.655 §89]
801.335
“Manufacturer.” ”Manufacturer”
means any person engaged in the manufacture of new vehicles as a regular
business. [1983 c.338 §57]
801.340 [1983 c.338 §58; 1985 c.16 §16; repealed by
1993 c.696 §19]
801.345
“Moped.” “Moped” means a
vehicle, including any bicycle equipped with a power source, other than an
electric assisted bicycle as defined in ORS 801.258 or a motor assisted scooter
as defined in ORS 801.348, that complies with all of the following:
(1) It is designed to be operated on the
ground upon wheels.
(2) It has a seat or saddle for use of the
rider.
(3) It is designed to travel with not more
than three wheels in contact with the ground.
(4) It is equipped with an independent
power source that:
(a) Is capable of propelling the vehicle,
unassisted, at a speed of not more than 30 miles per hour on a level road
surface; and
(b) If the power source is a combustion
engine, has a piston or rotor displacement of 35.01 to 50 cubic centimeters
regardless of the number of chambers in the power source.
(5) It is equipped with a power drive
system that functions directly or automatically only and does not require
clutching or shifting by the operator after the system is engaged. [1983 c.338 §59;
1985 c.16 §19; 1997 c.400 §5; 2001 c.749 §25]
801.348
“Motor assisted scooter.” “Motor
assisted scooter” means a vehicle that:
(1) Is designed to be operated on the
ground with not more than three wheels;
(2) Has handlebars and a foot support or
seat for the operator’s use;
(3) Can be propelled by motor or human
propulsion; and
(4) Is equipped with a power source that
is incapable of propelling the vehicle at a speed of greater than 24 miles per
hour on level ground and:
(a) If the power source is a combustion
engine, has a piston or rotor displacement of 35 cubic centimeters or less
regardless of the number of chambers in the power source; or
(b) If the power source is electric, has a
power output of not more than 1,000 watts. [2001 c.749 §2]
801.350
“Motor home.” “Motor home”
means a motor vehicle that:
(1) Is reconstructed, permanently altered
or originally designed to provide facilities for human habitation; or
(2) Has a structure permanently attached
to it that would be a camper if the structure was not permanently attached to
the motor vehicle. [1983 c.338 §60]
801.355
“Motor truck.” “Motor truck”
means a motor vehicle that is primarily designed or used for carrying loads
other than passengers. [1983 c.338 §61]
801.360
“Motor vehicle.” “Motor
vehicle” means a vehicle that is self-propelled or designed for
self-propulsion. [1983 c.338 §62]
801.365
“Motorcycle.” “Motorcycle”
means any self-propelled vehicle other than a moped or farm tractor that:
(1) Has a seat or saddle for use of the
rider;
(2) Is designed to be operated on the
ground upon wheels; and
(3) Is designed to travel with not more
than three wheels in contact with the ground. [1983 c.338 §63]
801.366
“Motorcycle helmet.” “Motorcycle
helmet” means a protective covering for the head consisting of a hard outer
shell, padding adjacent to and inside the outer shell and a chin-strap type
retention system with a sticker indicating that the motorcycle helmet meets
standards established by the United States Department of Transportation. [1995
c.492 §2]
801.368
“Narrow residential roadway.”
“Narrow residential roadway” means a two-way roadway that is:
(1) Located in a residence district; and
(2) Not more than 18 feet wide at any
point between two intersections or between an intersection and the end of the
roadway. [2007 c.367 §2]
801.370
“Operation.” “Operation”
means any operation, towing, pushing, movement or otherwise propelling. [1983
c.338 §66]
801.375
“Owner.” “Owner” when
referring to the owner of a vehicle means:
(1) The person in whose name title to a
vehicle is issued, and who is entitled to possession and use of the vehicle.
(2) If the title and right to possession
and use for a vehicle are in different persons:
(a) The person, other than a security
interest holder, who is entitled to the possession and use of the vehicle under
a security agreement.
(b) The lessor or lessee of a vehicle, as
designated by the lessor on the application for title, if the lessee is
entitled to possession and use of the vehicle under a lease agreement. [1983
c.338 §67; 1991 c.551 §1; 1993 c.233 §7]
801.377
“Ownership record.” “Ownership
record” means:
(1) A primary ownership record; or
(2) A transitional ownership record. [1989
c.927 §2; 1993 c.233 §8]
801.380
“Park” or “parking.” “Park”
or “parking” means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
loading or unloading property or passengers. [1983 c.338 §68]
801.385
“Pedestrian.” “Pedestrian”
means any person afoot or confined in a wheelchair. [1983 c.338 §69]
801.387
“Person with a disability.” “Person
with a disability” means:
(1) A person who has severely limited
mobility because of paralysis or the loss of use of some or all of the person’s
legs or arms;
(2) A person who is affected by loss of
vision or substantial loss of visual acuity or visual field beyond correction;
or
(3) A person who has any other disability
that prevents the person from walking without the use of an assistive device or
that causes the person to be unable to walk more than 200 feet, including but
not necessarily limited to:
(a) Chronic heart condition;
(b) Emphysema;
(c) Arthritis;
(d) Rheumatism; or
(e) Ulcerative colitis or related chronic
bowel disorder. [Formerly 801.235]
801.390
“Pole trailer.” “Pole
trailer” means a trailer attached or secured to the towing vehicle and
ordinarily used for transporting long or irregular loads capable generally of
sustaining themselves as beams between the towing vehicle and the trailer. The
definition in this section is based on design features and, except as otherwise
provided in this section, does not prohibit a pole trailer from fitting into
another category of trailer based on use. [1983 c.338 §70]
801.395
“Police officer.” “Police
officer” includes a member of the Oregon State Police, a sheriff, a deputy
sheriff, a city police officer or a law enforcement officer employed by a
service district established under ORS 451.410 to 451.610 for the purpose of
law enforcement services. [1983 c.338 §71; 2007 c.558 §1]
801.397
“Prefabricated structure.” “Prefabricated
structure” has the meaning given that term in ORS 455.010. [1993 c.696 §4; 2003
c.655 §90]
801.400
“Premises open to the public.”
“Premises open to the public” includes any premises open to the general public
for the use of motor vehicles, whether the premises are publicly or privately
owned and whether or not a fee is charged for the use of the premises. [1983
c.338 §72]
801.402
“Primary ownership record.” “Primary
ownership record” means:
(1) The manufacturer’s certificate of
origin or equivalent record as determined by the Department of Transportation
by rule;
(2) The current title issued for the
vehicle by the State of
(3) Any other record determined by the
department by rule to be a primary ownership record. [1989 c.927 §3; 1993 c.233
§9]
801.403 [2001 c.522 §2; renumbered 801.406 in 2007]
801.404
“Racing activity vehicle.” “Racing
activity vehicle” means a motor vehicle that:
(1) Is primarily used for racing on a race
track and that has:
(a) A bodiless tubular steel chassis that
forms the main structural component of the vehicle;
(b) High side rails;
(c) Integral front and rear rollover
tubes;
(d) A suspension with both front and rear
double unequal length wishbones and inboard, pushrod operated dampers; and
(e) A product identification number
instead of a vehicle identification number; and
(2) Is not a replica or an assembled
vehicle. [2007 c.693 §2]
801.405 [1983 c.338 §75; 1985 c.402 §4; renumbered
801.408 in 2007]
801.406
“Rail fixed guideway system.”
“Rail fixed guideway system” means any light, heavy or rapid rail system,
monorail, inclined plane, funicular, trolley, streetcar or automated guideway
used primarily for carrying passengers. [Formerly 801.403]
801.407 [1993 c.696 §5; renumbered 801.409 in 2007]
801.408
“Reconstructed vehicle.” “Reconstructed
vehicle” means either:
(1) A vehicle that:
(a) Has a body that resembles and
primarily is a particular year model or make of vehicle;
(b) Is not a vehicle rebuilt by a
manufacturer;
(c) Is not a vehicle built in a factory
where the year model and make are assigned at the factory; and
(d) Is not a replica; or
(2) A motor truck that has been rebuilt
using a component kit if the manufacturer of the kit assigns a vehicle
identification number and provides a manufacturer’s certificate of origin for
the kit. [Formerly 801.405]
801.409
“Recreational vehicle.” “Recreational
vehicle” has the meaning given in ORS 446.003. [Formerly 801.407]
801.410
“Registration” or “register.” “Registration”
or “register” means, when used in reference to vehicles, the recording of a
vehicle as authorized for use within a jurisdiction and includes any
documentation or devices issued as evidence of that authorization. This state
registers vehicles as provided under ORS 803.350. [1983 c.338 §76]
801.415
“Registration plate.” “Registration
plate” means a plate issued by a jurisdiction as evidence of vehicle
registration. This state issues registration plates under ORS 803.520. [1983
c.338 §78; 1985 c.16 §22]
801.420
“Registration weight.” “Registration
weight” means the combined weight or the loaded weight required to be declared
and established as the maximum combined weight or loaded weight at which
certain vehicles will be operated on the highway. Vehicles for which
registration weights must be declared and established and the procedures for
establishing registration weights are described under ORS 803.430. [1983 c.338 §77;
1985 c.16 §21; 1989 c.723 §5; 1991 c.284 §7; 2007 c.50 §1]
801.425
“Replica.” “Replica,” when
used to refer to vehicles, means a vehicle with a body built to resemble and be
a reproduction of another vehicle of a given year and given manufacturer. [1985
c.402 §2]
801.430
“Residence district.” “Residence
district” means territory not comprising a business district that is contiguous
to a highway that:
(1) Has access to property occupied
primarily by multifamily dwellings; or
(2) Has an average of 150 feet or less
between accesses or approaches to:
(a) Dwellings, churches, public parks
within cities or other residential service facilities; or
(b) Dwellings and buildings used for
business. [1983 c.338 §79; 1997 c.404 §4]
801.435
“Revoked.” “Revoked” with
reference to driving privileges, vehicle registration or vehicle title means
the termination thereof with new driving privileges or vehicle registration or
vehicle title obtainable only as permitted by law. [1983 c.338 §80]
801.440
“Right of way.” “Right of
way” means the right of one vehicle or pedestrian to proceed in a lawful manner
in preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger of
collision unless one grants precedence to the other. [1983 c.338 §81]
801.445
“Road authority.” “Road
authority” means the body authorized to exercise authority over a road,
highway, street or alley under ORS 810.010. [1983 c.338 §82]
801.450
“Roadway.” “Roadway” means
the portion of a highway that is improved, designed or ordinarily used for
vehicular travel, exclusive of the shoulder. In the event a highway includes
two or more separate roadways the term “roadway” shall refer to any such
roadway separately, but not to all such roadways collectively. [1983 c.338 §83]
801.451
“Roundabout.” “Roundabout”
means an intersection characterized by a circulatory roadway, channelized
approaches and yield control of entering traffic. A roundabout encompasses the
area bounded by the outermost curb line or, if there is no curb, the edge of
the pavement, and includes crosswalks on any entering or exiting roadway. [2001
c.464 §2]
801.453 [1987 c.887 §2; repealed by 2003 c.819 §19]
801.454
“Salvage title certificate.”
“Salvage title certificate” means a document issued by this state under the
provisions of ORS 803.140 as evidence of vehicle ownership. Unless the context
clearly requires otherwise, a salvage title certificate is not a “certificate
of title” for purposes of the Oregon Vehicle Code or the rules of the
Department of Transportation. [1991 c.873 §24]
801.455
“School activity vehicle.” “School
activity vehicle” means a vehicle, other than a school bus, that is used to
transport students to or from authorized school activities and that is not described
by any of the following:
(1) A vehicle subject to ORS 825.100 or a
vehicle under regulation of the United States Department of Transportation or
the Interstate Commerce Commission.
(2) A vehicle, commonly known as a private
passenger car or private passenger van, that is used by the owner of the
vehicle or a relative of the owner of the vehicle for personal transportation
of students to or from school activities and is not used for compensation
except for the sharing of expenses in a ridesharing arrangement or
reimbursement of mileage.
(3) A vehicle that is exempted from
regulation as a school activity vehicle under ORS 820.150. [1985 c.420 §3; 1995
c.733 §80]
801.460
“School bus.” “School bus”
means a motor vehicle that is described by any of the following:
(1) A vehicle that is marked with or
displays the words “school bus.”
(2) A vehicle that is used to transport
students to or from school and may be used to transport students to or from
authorized school activities or functions and that is not a vehicle described
by any of the following:
(a) A vehicle subject to regulation under
ORS chapter 825.
(b) A vehicle regulated by a city under
ORS 221.420.
(c) A vehicle, commonly known as a private
passenger car or private passenger van, that is used by the owner of the
vehicle or a relative of the owner of the vehicle for personal transportation
of students to or from school or school activities and is not used for
compensation except for the sharing of expenses in a ridesharing arrangement or
reimbursement of mileage.
(d) A vehicle that is exempted from
regulation as a school bus under ORS 820.150. [1983 c.338 §84; 1985 c.16 §23;
1985 c.420 §1]
801.462
“School zone.” (1) “School
zone” means both of the following:
(a) A specific segment of highway that is
adjacent to school grounds and that is marked by signs described in subsection
(2) of this section.
(b) A crosswalk that is not adjacent to
school grounds and that is marked by signs described in subsection (2) of this
section.
(2) Signs marking a school zone may
include any words, symbols or combination of words and symbols that gives
notice of the presence of the school zone. [2003 c.397 §2]
801.465
“Security interest.” “Security
interest” means an interest in a vehicle reserved or created by agreement and
which secures payment or performance of an obligation as more particularly
defined by ORS 71.2010 (37). [1983 c.338 §85; 1985 c.16 §24]
801.470
“Self-supporting trailer.” “Self-supporting
trailer” means a trailer, other than a pole trailer, designed so that no part
of the weight of the trailer or the weight of any load on the trailer rests
upon the towing vehicle. The definition in this section is based on design and,
except as otherwise provided in this section, does not prohibit a self-supporting
trailer from fitting into another category of trailer based on use. [1983 c.338
§86]
801.475
“Semitrailer.” “Semitrailer”
means a trailer designed so that part of the weight of the trailer and part of
the weight of any load on the trailer rests upon or is carried by another
vehicle and coupled to another vehicle by a fifth wheel hitch. The definition
in this section is based on design and, except as otherwise provided in this
section, does not prohibit a semitrailer from fitting into another category of
trailer based on use. [1983 c.338 §87]
801.477
“Serious traffic violation.”
“Serious traffic violation” means:
(1) A violation, while operating a motor
vehicle and holding a commercial driver license, of:
(a) ORS 811.140, reckless driving;
(b) Any law establishing a speed limit, if
the person is operating the vehicle 30 miles per hour or more above the posted
limit and a court imposes a suspension under ORS 811.109; or
(c) Any law establishing a speed limit, if
the person is operating the vehicle at a speed of 100 miles per hour or
greater.
(2) A violation, while operating a
commercial motor vehicle, of:
(a) Any law establishing a speed limit, if
the person is operating the vehicle 15 miles per hour or more above the posted
limit.
(b) The basic speed rule established in
ORS 811.100 if the person is operating the vehicle 15 miles per hour or more
above the speeds established in ORS 811.105 as prima facie evidence of
violation of the basic speed rule.
(c) ORS 807.010 (1), vehicle operating without
driving privileges.
(d) ORS 807.570, failure to carry a
license or to present a license to a police officer.
(e) ORS 811.140, reckless driving.
(f) ORS 811.305, driving on the left on a
curve or grade or at an intersection or rail crossing.
(g) ORS 811.370, failure to drive within a
lane.
(h) ORS 811.410, unsafe passing on the
left.
(i) ORS 811.415, unsafe passing on the
right.
(j) ORS 811.485, following too closely.
(k) Any law relating to motor vehicle
traffic control if the violation is connected to a fatal accident. This
paragraph does not apply to violations of parking laws or laws regulating
vehicle weight or equipment.
(L) Any law of another jurisdiction that
corresponds to an
Note: Section 23, chapter 649, Oregon Laws 2005,
provides:
Sec.
23. The amendments to ORS
801.477 by section 22 of this 2005 Act apply to:
(1) Except as provided in subsection (2)
of this section, offenses committed before, on or after the effective date of
this 2005 Act [July 27, 2005] if the suspension period is enhanced under ORS
809.413 based on a prior offense and the person was driving a commercial motor
vehicle at the time of the offense.
(2) Offenses committed on or after the
effective date of this 2005 Act if the offense is an offense not described in
subsection (1) of this section or if the offense is an offense described in ORS
801.477 (2)(c) or (d). [2005 c.649 §23]
801.480
“Shoulder.” “Shoulder” means
the portion of a highway, whether paved or unpaved, contiguous to the roadway
that is primarily for use by pedestrians, for the accommodation of stopped
vehicles, for emergency use and for lateral support of base and surface
courses. [1983 c.338 §88]
801.485
“Sidewalk.” “Sidewalk” means
the area determined as follows:
(1) On the side of a highway which has a
shoulder, a sidewalk is that portion of the highway between the outside lateral
line of the shoulder and the adjacent property line capable of being used by a
pedestrian.
(2) On the side of a highway which has no
shoulder, a sidewalk is that portion of the highway between the lateral line of
the roadway and the adjacent property line capable of being used by a
pedestrian. [1983 c.338 §89]
801.490
“Snowmobile.” “Snowmobile”
means a self-propelled vehicle that:
(1) Is capable of traveling over snow or
ice;
(2) Uses as its means of propulsion an
endless belt tread or cleats or any combination of tread and cleats or similar
means of contact with the surface upon which it is operated;
(3) Is steered wholly or in part by skis
or sled-type runners; and
(4) Is not registered in this state as a
vehicle other than a snowmobile. [1983 c.338 §90]
801.500
“Special use trailer.” (1) “Special
use trailer” means a trailer described under any of the following:
(a) A trailer that is eight and one-half
feet or less in width and of any length and that is used for commercial or
business purposes.
(b) A trailer that is used temporarily on
a construction site for office purposes only.
(c) A mobile modular unit.
(2) “Special use trailer” does not include
any travel trailer. [1985 c.16 §26; 1993 c.696 §7; 2003 c.655 §90a]
801.505
“Stand” or “standing.” “Stand”
or “standing” means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers. [1983 c.338 §91]
801.507
“Stinger-steered.” “Stinger-steered”
in relation to a combination of vehicles means that the coupling device on the
power unit is located back of the tread of the tires of the last axle. [2001
c.574 §2]
801.510
“Stop.” “Stop” means the
following:
(1) When required, it means the complete
cessation from movement.
(2) When prohibited, it means any halting
even momentarily of a vehicle, whether occupied or not, except when necessary
to avoid conflict with other traffic, or in compliance with the directions of a
police officer or traffic control device. [1983 c.338 §92]
801.513
“Street rod.” “Street rod”
means a motor vehicle that:
(1) Was manufactured prior to 1949 or was
manufactured to resemble a motor vehicle manufactured prior to 1949;
(2) May be equipped with a drive train,
suspension system or brake system that is different from the drive train,
suspension system or brake system originally installed on the vehicle;
(3) May have alterations to the dimensions
of the original body of the vehicle; and
(4) Is not a motorcycle or an assembled
vehicle. [1997 c.402 §2]
801.515
“Suspend.” “Suspend,” with
reference to identification cards, driving privileges or vehicle registration,
means the temporary withdrawal of the identification card, driving privileges
or registration. [1983 c.338 §93; 1993 c.393 §1a]
801.520
“Tandem axles.” “Tandem
axles” means any two or more consecutive axles that have centers more than 40
inches but not more than 96 inches apart and:
(1) Are individually attached to or
articulated from, or both, a common attachment to the vehicle; or
(2) Have a connecting mechanism designed
to equalize the load between axles. [1983 c.338 §94; 1985 c.172 §3]
801.522
“Tank vehicle.” “Tank
vehicle” means a commercial motor vehicle that is designed to transport any
liquid or gaseous material within a tank that is either permanently or
temporarily attached to the vehicle or the chassis. “Tank vehicle” does not
include a portable tank having a rated capacity under 1,000 gallons. [1989
c.636 §7]
801.524
“Throughway.” “Throughway”
means every highway, street or roadway in respect to which owners or occupants
of abutting lands and other persons have no legal right of access to or from
the same except at such points only and in such manner as may be determined by
the road authority having jurisdiction over the highway, street or roadway. [Formerly
801.535]
801.525
“Tire.” “Tire” means the
band of material used on the circumference of a wheel, on the outer face of a
track or on a runner of a sled, which forms the tread that comes in contact
with the surface of the road. If no band is used it means the tread or runner
of a sled. [1983 c.338 §96]
801.526
“Title.” “Title” means an
ownership interest in a vehicle that is evidenced by a record of the Department
of Transportation or of some other jurisdiction. The record may be in the form
of a certificate of title or it may be in another form, including but not
necessarily limited to electronic or machine-readable form.
801.527
“Totaled vehicle”; “totaled.”
“Totaled vehicle” or “totaled” means:
(1) A vehicle that is declared a total
loss by an insurer that is obligated to cover the loss or that the insurer
takes possession of or title to.
(2) A vehicle that is stolen, if it is not
recovered within 30 days of the date that it is stolen and if the loss is not
covered by an insurer.
(3) A vehicle that has sustained damage
that is not covered by an insurer and that is such that the estimated cost to
repair the vehicle is equal to at least 80 percent of the retail market value
of the vehicle prior to the damage. For purposes of this subsection, “retail
market value” shall be as reflected in publications relied upon by financial
institutions doing business in this state. [1991 c.820 §2]
801.529
“Tow dolly.” “Tow dolly”
means an auxiliary axle assembly equipped with a tow bar and used to tow a
motor vehicle behind another motor vehicle. [1991 c.284 §3]
801.530
“Tow vehicle.” “Tow vehicle”
means a motor vehicle that is:
(1) Altered or designed for, equipped for
and used in the business of towing vehicles; and
(2) Used to tow vehicles by means of a
crane, hoist, tow bar, tow line or dolly or otherwise used to render assistance
to other vehicles. [1983 c.338 §97; 1985 c.71 §2]
801.535 [1983 c.338 §98; renumbered 801.524 in 1991]
801.540
“Traffic control device.” “Traffic
control device” means:
(1) Any sign, signal, marking or device
placed, operated or erected by authority under ORS 810.210 for the purpose of
guiding, directing, warning or regulating traffic.
(2) Any device that remotely controls by
electrical, electronic, sound or light signal the operation of any device
identified in subsection (1) of this section and installed or operated under
authority of ORS 810.210.
(3) Any stop sign that complies with
specifications adopted under ORS 810.200 that is held or erected by a member of
a highway maintenance or construction crew working in the highway. [1983 c.338 §99;
1993 c.203 §1; 1993 c.522 §1]
801.545
“Traffic crime.” “Traffic
crime” means any traffic offense that is punishable by a jail sentence. [1983
c.338 §100]
801.550 [1983 c.338 §102; 1999 c.1051 §83;
renumbered 801.557 in 1999]
801.555
“Traffic offense.” “Traffic
offense” means any of the following offenses:
(1) Any violation of a traffic ordinance
of a city, municipal or quasi-municipal corporation, except ordinances
governing parking of vehicles.
(2) Any provision of law for which a
criminal or traffic violation penalty is provided in the vehicle code.
(3) Any provision of law for which a
criminal or traffic violation penalty is provided in ORS chapter 825. [1983
c.338 §101; 1985 c.16 §27; 1999 c.1051 §84]
801.557
“Traffic violation.” “Traffic
violation” means a traffic offense that is designated as a traffic violation in
the statute defining the offense, or any other offense defined in the Oregon
Vehicle Code that is punishable by a fine but that is not punishable by a term
of imprisonment. Penalties for traffic violations are as provided for
violations generally in ORS 153.018. [Formerly 801.550]
801.560
“Trailer.” “Trailer” means
every vehicle without motive power designed to be drawn by another vehicle.
Trailer includes, but is not limited to, the following types of trailers:
(1) Balance trailers.
(2) Bus trailers.
(3) Commercial bus trailers.
(4) Farm trailers.
(5) Pole trailers.
(6) Semitrailers.
(7) Travel trailers.
(8) Truck trailers.
(9) Self-supporting trailers.
(10) Special use trailers. [1983 c.338 §103;
1985 c.16 §28; 2003 c.655 §92]
801.562
“Transitional ownership record.” “Transitional ownership record” means a record containing all of the
following:
(1) The date of sale or if no sale is
involved, the date the contract or security interest being perfected was
signed.
(2) The name of each owner of the vehicle.
(3) The name and address of each security
interest holder.
(4) If there are multiple security
interest holders, the priorities of interest if the security interest holders
do not jointly hold a single security interest.
(5) The vehicle identification number.
(6) The name of the security interest
holder or person who submits the transitional ownership record for the security
interest holder. [1989 c.927 §4; 1993 c.233 §10]
801.565
“Travel trailer.” “Travel
trailer” means:
(1) A recreational vehicle without motive
power that is eight and one-half feet or less in width and is not being used
for commercial or business purposes; and
(2) A prefabricated structure that is
eight and one-half feet or less in width and that is not being used for
commercial or business purposes. [1983 c.338 §104; 1993 c.696 §8; 2003 c.655 §93]
801.570 [1983 c.338 §105; repealed by 2001 c.522 §12]
801.575
“Truck tractor.” “Truck
tractor” means a motor vehicle designed and used primarily for drawing other
vehicles and constructed so as not to carry any load other than a part of the
weight of the vehicle or load, or both, as drawn. [1983 c.338 §106]
801.580
“Truck trailer.” “Truck
trailer” means any trailer designed and used primarily for carrying loads other
than passengers whether designed as a balance trailer, pole trailer,
semitrailer or self-supporting trailer. [1983 c.338 §107]
801.585
“Unloaded weight.” “Unloaded
weight” means the weight of a vehicle when the vehicle is fully equipped
exclusive of load. [1983 c.338 §108; 1985 c.172 §4]
801.590
“Vehicle.” “Vehicle” means
any device in, upon or by which any person or property is or may be transported
or drawn upon a public highway and includes vehicles that are propelled or
powered by any means. “Vehicle” does not include a manufactured structure. [1983
c.338 §109; 2003 c.655 §94]
801.592
“Vehicle appraiser.” “Vehicle
appraiser” means an individual who has been issued a vehicle appraiser
certificate under ORS 819.480 and who, for consideration, issues opinions as to
the value of vehicles. [2007 c.630 §3]
801.595
“Vehicle code.” “Vehicle
code” means the Oregon Vehicle Code. [1983 c.338 §110]
801.600
“Vehicle identification number.” “Vehicle identification number” means a distinguishing number assigned
and affixed to a vehicle or vehicle component, such as an engine or
transmission or other severable portion of a vehicle, by the manufacturer or
under ORS 819.400 for the purpose of providing identification for the vehicle
or vehicle component. [1983 c.338 §111]
801.605
“Vehicle of special interest.”
“Vehicle of special interest” means any American or foreign made vehicle that
is maintained as a collector’s item and that:
(1) Is a street rod under ORS 801.513; or
(2) Complies with all of the following:
(a) The vehicle must be:
(A) At least 25 years old as dated from
any current year; or
(B) Sanctioned as a vehicle of special
interest by an established organization that provides for recognition of
vehicles of special interest.
(b) If the vehicle is a reconstructed
vehicle, the Department of Transportation must determine that the vehicle has
been reconstructed with substantially original parts and that the vehicle
otherwise complies with this section. [1983 c.338 §112; 1985 c.16 §29; 1997
c.402 §3; 2003 c.122 §2]
801.608
“Vulnerable user of a public way.” “Vulnerable user of a public way” means a pedestrian, a highway worker,
a person riding an animal or a person operating any of the following on a
public way, crosswalk or shoulder of the highway:
(1) A farm tractor or implement of
husbandry without an enclosed shell;
(2) A skateboard;
(3) Roller skates;
(4) In-line skates;
(5) A scooter; or
(6) A bicycle. [2007 c.784 §2]
801.610
“Worker transport bus.” “Worker
transport bus” means a vehicle that is described under ORS 820.010 that has a
seating capacity of 12 or more passengers. [1983 c.338 §113]
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