Chapter 372 Oregon Laws 1999

Session Law

AN ACT

SB 877

Relating to Class II all-terrain vehicles; amending ORS 821.190 and 821.200.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 821.190 is amended to read:

821.190. (1) A person commits the offense of unlawful operation of [a snowmobile, Class I or Class III all-terrain vehicle] an off-road vehicle on a highway or railroad if the person operates a [snowmobile, Class I or Class III all-terrain] vehicle described in subsection (2) of this section in any of the following described areas:

(a) On or across the paved portion, the shoulder, inside bank or slope of any highway, on or across the median of any divided highway or on or across any portion of a highway right of way under construction.

(b) On or across a railroad right of way.

(2) This section applies to:

(a) Snowmobiles.

(b) Class I all-terrain vehicles.

(c) Class II all-terrain vehicles that are not properly equipped for operation on a highway.

(d) Class III all-terrain vehicles.

[(2)] (3) Exemptions from this section are established under ORS 821.200.

[(3)] (4) In addition to penalties provided by this section, the operator or owner of a snowmobile, Class I, Class II or Class III all-terrain vehicle may be liable as provided under ORS 821.310.

[(4)] (5) The offense described in this section, unlawful operation of [a snowmobile, Class I or Class III all-terrain] an off-road vehicle on a highway or railroad, is a Class B traffic infraction.

SECTION 2. ORS 821.200 is amended to read:

821.200. This section establishes exemptions from the limitations placed on the use of snowmobiles[, Class I or Class III] and all-terrain vehicles under ORS 821.190. The prohibitions and penalties under ORS 821.190 do not apply when a snowmobile[, Class I or Class III] or all-terrain vehicle is being operated as described under any of the following:

(1) A person may lawfully cross a highway or railroad right of way while operating a snowmobile[, Class I or Class III] or all-terrain vehicle if the person complies with all of the following:

(a) The crossing must be made at an angle of approximately 90 degrees to the direction of the highway or railroad right of way.

(b) The crossing must be made at a place where no obstruction prevents a quick and safe crossing.

(c) The vehicle must be brought to a complete stop before entering the highway or railroad right of way.

(d) The operator of the vehicle must yield the right of way to vehicles using the highway or equipment using the railroad tracks.

(e) The crossing of a railroad right of way must be made at an established public railroad crossing.

(f) The crossing of a highway must be made at a place that is more than 100 feet from any highway intersection.

(g) If the operator of a snowmobile is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger or as the operator of another snowmobile that is in proximity to the younger operator.

(h) If the operator of a Class I all-terrain vehicle is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger, if the vehicle is designed to carry passengers, or on a separate Class I all-terrain vehicle.

(2) A snowmobile[, Class I or Class III] or all-terrain vehicle may be lawfully operated upon a highway under any of the following circumstances:

(a) Where the highway is completely covered with snow or ice and has been closed to motor vehicle traffic during winter months.

(b) For purposes of loading or unloading when such operation is performed with safety and without causing a hazard to vehicular traffic approaching from either direction on the highway.

(c) Where the highway is posted to permit snowmobiles[, Class I or Class III] or all-terrain vehicles.

(d) In an emergency during the period of time when and at locations where snow upon the highway renders travel by automobile impractical.

(e) When traveling along a designated snowmobile[, Class I or Class III] or all-terrain vehicle trail.

(3) It shall be lawful to operate a snowmobile[, Class I or Class III] or all-terrain vehicle upon a railroad right of way under any of the following circumstances:

(a) Where the right of way is posted to permit the operation.

(b) In an emergency.

(c) When the snowmobile[, Class I or Class III] or all-terrain vehicle is operated by an officer or employee or authorized contractor or agent of a railroad.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date October 23, 1999

__________