69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
HA to HB 2640
LC 2203/HB 2640-1
HOUSE AMENDMENTS TO
HOUSE BILL 2640
By COMMITTEE ON TRANSPORTATION
May 12
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and insert '801.605, 815.075, 815.105, 815.120,
815.135, 815.175, 815.190, 815.210, 815.215, 815.230, 815.250,
815.255 and 816.340.'.
Delete lines 3 through 5.
Delete lines 16 through 30 and delete pages 2 through 12 and
insert:
' { + SECTION 3. + } ORS 801.605 is amended to read:
' 801.605. 'Vehicle of special interest' means any American or
foreign made motor vehicle that is maintained as a collector's
item and that { + : + }
' { + (1) Is a street rod under section 2 of this 1997 Act;
or
' (2) + } Complies with all of the following:
' { - (1) - } { + (a) + } The vehicle must be:
' { - (a) - } { + (A) + } At least 25 years old as dated
from any current year; or
' { - (b) - } { + (B) + } Sanctioned as a vehicle of special
interest by an established organization that provides for
recognition of vehicles of special interest.
' { - (2) - } { + (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.'.
On page 13, delete lines 1 through 22.
In line 23, delete '16' and insert '4' and delete '17 ' and
insert '5'.
In line 24, delete '17' and insert '5' and after the first
'vehicle' insert 'of special interest'.
In line 25, delete '815.205,'.
In line 26, after '815.250' insert a comma and delete ' and'
and after '815.255' insert 'and 816.340'.
Delete lines 43 through 45 and delete pages 14 through 23 and
insert:
' { + SECTION 6. + } ORS 815.075 is amended to read:
' 815.075. (1) A person commits the offense of selling vehicles
or equipment that violates state equipment administrative rules
if the person sells or offers for sale any vehicle or sells or
offers for sale for use upon a vehicle or uses on any vehicle any
equipment if the vehicle or equipment:
' (a) Does not conform to standards established by the
Department of Transportation by rule under ORS 815.030; and
' (b) Does not bear thereon proof of certification that it
complies with the applicable standards.
' (2) Proof of certification required under this section may be
made in any manner provided under ORS 815.030.
' (3) This section is subject to the following exemptions in
addition to any exemptions under ORS 801.026:
' (a) Vehicles of special interest that are registered under
ORS 805.020 are deemed to comply with this section if { + : + }
' { + (A) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and are maintained in safe operating order { + ; or
' (B) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (b) Road machinery, road rollers, implements of husbandry,
farm trailers and farm tractors are not subject to this section.
' (c) Antique vehicles are not subject to this section if the
vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
' (4) The offense described under this section, selling
vehicles or equipment that violates state equipment
administrative rules, is a Class D traffic infraction.
' { + SECTION 7. + } ORS 815.105 is amended to read:
' 815.105. This section establishes exemptions from ORS 815.030
and 815.100. Exemptions under this section are in addition to any
exemptions under ORS 801.026. Exemptions under this section are
partial or complete as described in the following:
' (1) Vehicles of special interest that are registered under
ORS 805.020 are deemed to comply with ORS 815.030 and 815.100
if { + : + }
' { + (a) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and are maintained in safe operating condition { + ; or
' (b) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (2) Road machinery, road rollers, implements of husbandry,
farm trailers and farm tractors are exempt from ORS 815.030 and
815.100.
' (3) Antique vehicles are exempt from ORS 815.030 and 815.100
if the vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
' (4) Motorized wheelchairs are exempt from ORS 815.030 and
815.100 when used as permitted under ORS 811.440.
' { + SECTION 8. + } ORS 815.120 is amended to read:
' 815.120. This section establishes exemptions from { + the
requirements of + } ORS 815.110 and 815.115. The exemptions under
this section are in addition to any exemptions under ORS 801.026.
The exemptions under this section are partial or complete as
described in the following:
' (1) Vehicles of special interest that are registered under
ORS 805.020 are deemed to comply with the requirements
if { + : + }
' { + (a) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and are maintained in safe operating condition { + ; or
' (b) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (2) Antique vehicles are not subject to the standards if the
vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
' (3) Road machinery, road rollers and farm tractors are not
subject to the requirements except as provided in this
subsection. Such vehicles or combinations thereof are subject to
the requirements if the vehicles are designed for use at speeds
less than 25 miles per hour, except when such vehicles are
engaged in actual construction or maintenance work and guarded by
a flagger or by clear visible warning signs.
' { + SECTION 9. + } ORS 815.135 is amended to read:
' 815.135. This section establishes exemptions from ORS
815.130. The exemptions under this section are in addition to any
exemptions under ORS 801.026. The exemptions under this section
are partial or complete as described in the following:
' (1) The following vehicles shall be deemed in compliance with
the brake requirements if the vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and maintained in safe operating condition:
' (a) { + Except as provided in subsection (2) of this
section, + } motor vehicles of special interest that are
registered under ORS 805.020.
' (b) Antique motor vehicles that are registered under ORS
805.010.
' { + (2) Motor vehicles of special interest that are
registered under ORS 805.020 and that are street rods, as defined
in section 2 of this 1997 Act, shall be deemed in compliance with
the brake requirements if the street rods conform to section 5 of
this 1997 Act. + }
' { - (2) - } { + (3) + } The following vehicles are exempt
from the brake requirements:
' (a) Road machinery.
' (b) Road rollers.
' (c) Farm tractors.
' { + SECTION 10. + } ORS 815.175 is amended to read:
' 815.175. This section establishes exemptions from ORS
815.170. The exemptions under this section are in addition to any
exemptions under ORS 801.026. Exemptions are partial or complete
as described in the following:
' (1) Vehicles are not subject on any way, thoroughfare or
place owned by a district formed under ORS chapters 545, 547, 551
or a corporation formed under ORS chapter 554.
' (2) Vehicles are not subject on any road, thoroughfare or
property in private ownership or any road or thoroughfare, other
than a state highway or county road, used pursuant to any
agreement with any agency of the United States or with a licensee
of such agency or both.
' (3) Operation authorized under the terms of a variance permit
issued under ORS 818.200 is subject to the terms of the permit.
It shall be a defense to any charge of violation of ORS 815.170
if the person so charged produces a variance permit issued under
ORS 818.200 authorizing the operation of the vehicle or
combination of vehicles issued prior to and valid at the time of
the offense.
' (4) ORS 815.170 does not apply to any implement of husbandry
that is equipped with any tires made of elastic material other
than pneumatic tires or with tires made with any nonelastic
material that are not prohibited under ORS 815.160 and that has a
loaded weight of not more than 7,000 pounds and a loaded weight
as measured at any axle of not more than 3,500 pounds.
' (5) Vehicles of special interest that are registered under
ORS 805.020 are deemed in compliance if { + : + }
' { + (a) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and are maintained in safe operating condition { + ; or
' (b) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (6) ORS 815.170 does not apply to road machinery, road
rollers or farm tractors.
' (7) ORS 815.170 does not apply to antique vehicles if the
vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
' { + SECTION 11. + } ORS 815.190 is amended to read:
' 815.190. This section establishes exemptions from ORS 815.182
and 815.185. The exemptions under this section are in addition to
any exemptions under ORS 801.026. The exemptions established
under this section are partial or complete as described in the
following:
' (1) Vehicles of special interest that are registered under
ORS 805.020 are deemed in compliance with the requirements and
standards if { + : + }
' { + (a) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and maintained in safe operating condition { + ; or
' (b) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (2) Road machinery, road rollers and farm tractors are exempt
from the standards and requirements.
' (3) Antique motor vehicles are exempt from the standards and
requirements if the vehicles are maintained as collectors' items
and used for exhibitions, parades, club activities and similar
uses, but not used primarily for the transportation of persons or
property.
' (4) A motor truck is exempt from the requirements to be
equipped with fenders or mudguards if the vehicle has just a
chassis that is not equipped for hauling a load.
' (5) Fenders or mudguards are not required on any modified
American-made pre-1935 vehicle, or any identifiable vintage or
replica thereof that is titled as a later assembled vehicle or
replica and is used for show and pleasure use when such vehicle
is used and driven only during fair weather on well-maintained,
hard-surfaced roads.
' { + SECTION 12. + } ORS 815.210 is amended to read:
' 815.210. (1) A person commits the offense of operation of a
vehicle without approved materials in windows if the person
drives or moves on any highway or owns and causes or knowingly
permits to be driven or moved on any highway a motor vehicle with
a windshield or windows that are not equipped with a material
approved by the Department of Transportation under ORS 815.040.
' (2) This section does not apply to the following vehicles:
' (a) Any motor vehicle manufactured on or before January 1,
1954, and registered in this state. The exemption under this
paragraph does not apply to windshields or windows that have been
replaced after January 1, 1954.
' (b) Vehicles of special interest that are registered under
ORS 805.020 and that are { + : + }
' { + (A) + } Equipped with original manufacturer's equipment
and accessories, or their equivalent, that are maintained in safe
operating condition { + ; or
' (B) Street rods that conform to section 5 of this 1997
Act + }.
' (c) Road machinery, road rollers or farm tractors.
' (d) Antique vehicles that are maintained as collectors' items
and used for exhibitions, parades, club activities and similar
uses, but not used primarily for the transportation of persons or
property.
' (3) The vehicle exemptions under this section are also
exemptions from the prohibitions under ORS 815.090 against
replacing vehicle window or windshield with any unapproved
material as provided in that section.
' (4) The offense described in this section, operation of a
vehicle without approved materials in windows, is a Class C
traffic infraction.
' { + SECTION 13. + } ORS 815.215 is amended to read:
' 815.215. (1) A person commits the offense of failure to have
windshield wipers if the person drives or moves on any highway or
owns and causes or knowingly permits to be driven or moved on any
highway a motor vehicle that has a windshield and that is not
equipped with windshield wipers that meet the requirements under
this section.
' (2) Windshield wipers meet the requirements of this section
if the windshield wipers are designed for cleaning rain or other
moisture from the windshield and so constructed as to be
controlled or operated by the driver of the vehicle.
' (3) This section does not apply to the following vehicles:
' (a) Vehicles of special interest that are registered under
ORS 805.020 and that are { + : + }
' { + (A) + } Equipped with original manufacturer's equipment
and accessories, or their equivalent, and that are maintained in
safe operating condition { + ; or
' (B) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (b) Road machinery, road rollers or farm tractors.
' (c) Antique vehicles that are maintained as collectors' items
and used for exhibitions, parades, club activities and similar
uses, but not used primarily for the transportation of persons or
property.
' (4) The offense described in this section, failure to have
windshield wipers, is a Class C traffic infraction.
' { + SECTION 14. + } ORS 815.230 is amended to read:
' 815.230. (1) A person commits the offense of violation of
vehicle sound equipment requirements if the person drives or
moves on any highway or owns and causes or knowingly permits to
be driven on any highway any vehicle that violates any of the
following equipment provisions:
' (a) A motor vehicle must be equipped with a horn in good
working order, capable of emitting sounds audible under normal
conditions from a distance of not less than 200 feet.
' (b) No vehicle shall be equipped with any bell, siren,
compression or exhaust whistle.
' (2) This section is subject to the exemptions under this
subsection in addition to any exemptions under ORS 801.026. The
exemptions under this subsection are partial or complete as
described in the following:
' (a) Authorized emergency vehicles are subject to sound
equipment requirements and limitations as provided in ORS 820.370
and 820.380.
' (b) Vehicles of special interest that are registered under
ORS 805.020 are not subject to this section if the vehicles
are { + : + }
' { + (A) + } Equipped with original manufacturer's equipment
and accessories, or their equivalent, and are maintained in safe
operating condition { + ; or
' (B) Street rods that conform to section 5 of this 1997
Act + }.
' (c) Bicycles are subject to requirements and limitations on
sound equipment as provided under ORS 815.280.
' (d) Antique vehicles are not subject to the requirements if
the vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
' (e) The requirements do not apply to road machinery, road
rollers and farm tractors.
' (3) The offense described in this section, violation of
vehicle sound equipment requirements, is a Class C traffic
infraction.
' { + SECTION 15. + } ORS 815.250 is amended to read:
' 815.250. (1) A person commits the offense of operation
without proper exhaust system if the person drives or moves on
any highway or owns and causes or knowingly permits to be driven
or moved on any highway a motor vehicle that is not equipped with
an exhaust system that meets the requirements under this section.
' (2) An exhaust system only meets the requirements of this
section if all of the following apply:
' (a) The exhaust system must be in good working order.
' (b) The exhaust system must be in constant operation.
' (c) The exhaust system must meet noise emission standards
determined by the Department of Environmental Quality to be
substantially equivalent to the following standards based upon a
stationary test conducted at a distance of 25 feet in accordance
with procedures established by the Department of Environmental
Quality:
' _______________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Maximum
level, Model,
Vehicle type dBA Year
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
I. Motor vehicles
required to
establish a
registration
weight under
ORS 803.430
and commercial
buses........ 94....before
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
91....1976 and
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
after
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
II.Motorcycles and
mopeds....... 94....before
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
91....1976
89....after 1976
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
IIIMotor vehicles
not
described under
I or II...... 92....before
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1976
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
88....1976 and
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
after
' _______________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' (3) This section does not apply to the following vehicles:
' (a) Vehicles of special interest that are registered under
ORS 805.020 and that are { + : + }
' { + (A) + } Equipped with original manufacturer's equipment
and accessories, or their equivalent, and that are maintained in
safe operating condition { + ; or
' (B) Street rods that conform to section 5 of this 1997
Act + }.
' (b) Road machinery, road rollers or farm tractors.
' (c) Antique motor vehicles that are maintained as collectors'
items and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of
persons or property.
' (4) The court in its discretion may dismiss a citation issued
for violation of the offense described in this section if
evidence is presented that the exhaust system complies with or
has been repaired or modified to comply with the requirements
under this section.
' (5) The offense described in this section, operation without
proper exhaust system, is a Class C traffic infraction.
' { + SECTION 16. + } ORS 815.255 is amended to read:
' 815.255. (1) A person commits the offense of operation of a
vehicle for hire without a speedometer if the person drives or
moves on any highway or owns and causes or knowingly permits to
be driven or moved on any highway a motor vehicle used for
carrying passengers for hire that is not equipped with a
speedometer or other registering device capable of registering
accurately the speed at which the vehicle is operated.
' (2) This section is subject to the following exemptions in
addition to any exemptions under ORS 801.026.
' (a) A motor vehicle equipped with a governor or other
regulating device to control its speed within the limits
specified by law is not required to be equipped as this section
specifies.
' (b) Vehicles of special interest that are registered under
ORS 805.020 are deemed in compliance with the requirements of
this section if { + : + }
' { + (A) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and maintained in safe operating condition { + ; or
' (B) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (c) Antique motor vehicles are exempt from the requirements
of this section if the vehicles are maintained as collector's
items and used for exhibitions, parades, club activities and
similar uses, but not used primarily for the transportation of
persons or property.
' (3) The offense described in this section, operation of
vehicle for hire without speedometer, is a Class C traffic
infraction.
' { + SECTION 17. + } ORS 816.340 is amended to read:
' 816.340. This section establishes exemptions from ORS 816.320
and 816.330. The exemptions established under this section are in
addition to any exemptions under ORS 801.026. The exemptions
under this section are partial or complete as described in the
following:
' (1) ORS 816.320 and 816.330 shall not be construed to
prohibit the use of additional parts and accessories on any
vehicle not inconsistent with the provisions of those sections.
' (2) Motor vehicles of special interest that are registered
under ORS 805.020 shall be deemed in compliance with ORS 816.320
and 816.330 if { + : + }
' { + (a) + } The vehicles are equipped with original
manufacturer's equipment and accessories, or their equivalent,
and if the equipment is maintained in safe operating
condition { + ; or
' (b) The vehicles are street rods that conform to section 5 of
this 1997 Act + }.
' (3) ORS 816.320 and 816.330 do not apply to any of the
following vehicles:
' (a) Road machinery.
' (b) Road rollers.
' (c) Farm tractors, implements of husbandry and farm trailers.
' (d) Antique motor vehicles that are maintained as a
collector's item and used for exhibitions, parades, club
activities and similar uses, but not used primarily for the
transportation of persons or property.
' (4) Motorcycles manufactured before 1973 are not required to
be equipped with turn signals.
' (5) Truck tractors are not required to be equipped with rear
reflectors.
' (6) Pole trailers are not required to be equipped with side
reflectors, side marker lights, clearance lights or
identification lights.
' (7) Motor vehicles registered in this state on or before
January 1, 1940, are not required to be equipped with a high-beam
indicator.
' (8) Bicycles shall be equipped with lighting equipment as
required under ORS 815.280.
' (9) Requirements for warning lights on ambulances are
provided under ORS 820.350 and 820.360.'.
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