Chapter 977 Oregon Laws 1999

Session Law

AN ACT

SB 1216

Relating to all-terrain vehicles; creating new provisions; amending ORS 801.040, 801.526, 802.110, 803.030, 803.305, 803.415, 803.505, 805.250, 821.050, 821.060, 821.070, 821.080, 821.090, 821.100, 821.110, 821.120, 821.130, 821.140, 821.170, 821.172, 821.195, 821.292 and 821.320; repealing ORS 802.130, 802.140, 802.360, 821.125, 821.145, 821.180 and 821.182 and section 57, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), and section 8, chapter 593, Oregon Laws 1999 (Enrolled House Bill 2739); and limiting expenditures.

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

SECTION 1. Sections 2 to 10 of this 1999 Act are added to and made a part of ORS chapter 390.

SECTION 2. As used in this chapter:

(1) "Class I all-terrain vehicle" has the meaning given that term in ORS 801.190.

(2) "Class II all-terrain vehicle" has the meaning given that term in ORS 801.193.

(3) "Class III all-terrain vehicle" has the meaning given that term in ORS 801.194.

SECTION 3. The All-Terrain Vehicle Account is established as a separate account in the State Parks and Recreation Department Fund, to be accounted for separately. Interest earned by the All-Terrain Vehicle Account shall be credited to the account. After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I all-terrain vehicle safety education courses under section 6 of this 1999 Act and Class III all-terrain vehicle safety education courses under section 7 of this 1999 Act, the following moneys shall be transferred to the account:

(1) Fees collected by the State Parks and Recreation Department for issuance of operating permits for all-terrain vehicles under sections 8 and 10 of this 1999 Act.

(2) Fees collected by the department from participants in the Class I and Class III all-terrain vehicle safety education courses under sections 6 and 7 of this 1999 Act.

(3) The moneys transferred from the Department of Transportation under section 17 of this 1999 Act that represent unrefunded fuel tax.

SECTION 4. Moneys in the All-Terrain Vehicle Account established under section 3 of this 1999 Act shall be used for the following purposes only:

(1) In each 12-month period, no less than 10 percent of the moneys described in section 3 of this 1999 Act that are attributable to Class I all-terrain vehicles shall be transferred to the Department of Transportation to be used for the development and maintenance of snowmobile facilities as provided in ORS 802.110;

(2) Planning, promotion and implementation of a statewide all-terrain vehicle program including acquisition, development and maintenance of all-terrain vehicle recreation areas;

(3) Education and safety training for all-terrain vehicle operators;

(4) Provision of first aid and police services in all-terrain vehicle recreation areas designated by the appropriate authority;

(5) Costs of instigating, developing or promoting new programs for all-terrain vehicle users and of advising people of possible usage areas for all-terrain vehicles;

(6) Costs of coordinating between all-terrain vehicle user groups and the managers of public lands;

(7) Costs of providing consultation and guidance to all-terrain vehicle user programs; and

(8) Costs of administration of the all-terrain vehicle programs, including staff support provided under section 5 of this 1999 Act as requested by the All-Terrain Vehicle Account Allocation Committee.

SECTION 5. (1) The All-Terrain Vehicle Account Allocation Committee is established. The committee shall consist of seven voting members and four nonvoting members appointed by the State Parks and Recreation Commission for a term of four years. Members are eligible for reappointment and vacancies may be filled by the commission. Recommendations under subsection (4)(a) of this section on allocation of moneys in the All-Terrain Vehicle Account must receive an affirmative vote from at least four of the voting members of the committee.

(2) Of the voting members of the committee:

(a) Two shall be representatives of Class I all-terrain vehicle user organizations.

(b) One shall be a representative of a four wheel drive vehicle user organization.

(c) One shall be a representative of a dune buggy user organization.

(d) One shall be an all-terrain vehicle user.

(e) Two shall be representatives of Class III all-terrain vehicle user groups.

(3) Of the nonvoting members of the committee:

(a) One shall be a representative of the State Parks and Recreation Department.

(b) One shall be a representative of the United States Forest Service.

(c) One shall be a representative of the Bureau of Land Management.

(d) One shall be a representative of a snowmobile user organization.

(4) The committee shall:

(a) Advise the State Parks and Recreation Department on the allocation of moneys in the All-Terrain Vehicle Account established by section 3 of this 1999 Act;

(b) Recommend, to managers of publicly and privately owned lands, trails and areas that may not be used by any Class II all-terrain vehicle that has not been issued an operating permit under section 8 of this 1999 Act; and

(c) Advise the department on candidates for appointment to the committee.

(5) The department shall provide staff support for the committee and shall provide for expansion of programs for all-terrain vehicle users.

SECTION 6. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class I all-terrain vehicle operator permit to any person who has taken a Class I all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class I all-terrain vehicle.

(2) The department shall adopt rules to provide for Class I all-terrain vehicle safety education courses and the issuance of Class I all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section.

SECTION 7. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class III all-terrain vehicle operator permit to any person who has taken a Class III all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class III all-terrain vehicle.

(2) The department shall adopt rules to provide for Class III all-terrain vehicle safety education courses and the issuance of Class III all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section.

SECTION 8. (1)(a) An all-terrain vehicle off-road operating permit issued under this section is a decal that authorizes use of the all-terrain vehicle for which it is issued on trails and in areas designated for such use by the appropriate authority.

(b) An all-terrain vehicle decal issued under this section must be permanently affixed to the vehicle and displayed in a clearly visible manner. The State Parks and Recreation Department shall prescribe by rule the manner in which the decal shall be displayed.

(2) The department shall issue an all-terrain vehicle off-road operating permit to any person who completes the application described in subsection (4) of this section and pays the fee specified in subsection (5) of this section.

(3) The department shall specify by rule the form of the permit and the information to be contained on the permit.

(4) Application for an all-terrain vehicle off-road operating permit for a Class I, Class II or Class III all-terrain vehicle shall be in a form furnished by the department. The application shall include:

(a) The name and address of the owner of the all-terrain vehicle; and

(b) The make and body style of the all-terrain vehicle for which application is made.

(5) The department shall establish by rule a fee for a permit issued or renewed under this section. The fee shall be designed to cover the costs to the department for issuing or renewing permits under this section but shall not exceed $10.

(6) Permits issued under this section are valid for two years. A permit may be renewed upon submission of an application that contains the information specified in subsection (4) of this section and payment of the renewal fee specified in subsection (5) of this section.

(7) The department may appoint agents to issue permits for all-terrain vehicles. The department shall prescribe the procedure for the issuance of the permits. Agents appointed under this subsection shall issue permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed in this section for the permits.

SECTION 9. The State Parks and Recreation Department may adopt rules necessary for carrying out the duties imposed by sections 2 to 10 of this 1999 Act.

SECTION 10. (1) An out-of-state all-terrain vehicle operating permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state an all-terrain vehicle that is owned by a resident of another state.

(2) The State Parks and Recreation Department shall establish a program for the issuance of out-of-state all-terrain vehicle permits under this section. The program established by the department shall comply with all of the following:

(a) A permit may only be issued for all-terrain vehicles owned by the resident of another state where registration is not required by law.

(b) A permit is valid for not more than two years.

(c) Application for a permit shall state the name and address of each owner.

(d) The fee for issuance of a permit shall be $10.

SECTION 11. Section 12 of this 1999 Act is added to and made a part of ORS chapter 821.

SECTION 12. (1) A person commits the offense of failure to carry an out-of-state all-terrain vehicle permit if an out-of-state permit is issued for the vehicle under section 10 of this 1999 Act and the permit is not carried on the all-terrain vehicle at all times during operation of the all-terrain vehicle in this state.

(2) The offense described in this section, failure to carry an out-of-state all-terrain vehicle permit, is a Class D traffic infraction.

SECTION 13. ORS 801.040 is amended to read:

801.040. 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 [and Class I all-terrain vehicles] 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 [or Class I all-terrain vehicle] 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 and 819.210 to 819.260 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.

SECTION 14. ORS 802.110 is amended to read:

802.110. Any procedures the Department of Transportation establishes for financial administration of those functions of the department dealing with driver and motor vehicle services and for the disposition and payment of moneys it receives from the provision of driver and motor vehicle services shall comply with all of the following:

(1) The department shall deposit all moneys it receives related to driver and motor vehicle services in the Department of Transportation Driver and Motor Vehicle Suspense Account for approved expenses and disbursals before payment of general administrative expenses of the department related to the provision of driver and motor vehicle services. Notwithstanding this subsection, the department may return a bank check or money order when received in incorrect or incomplete form or when not accompanied by the proper application.

(2) The department shall pay the following approved expenses and disbursals from the Department of Transportation Driver and Motor Vehicle Suspense Account before payment of the general administrative expenses of the department related to driver and motor vehicle services:

(a) Refunds authorized by any statute administered by the department when such refunds are approved by the department.

(b) Amounts transferred to the State Treasurer under ORS 319.410 (2) for the purpose of carrying out the state aeronautic laws, amounts transferred to the Boating Safety, Law Enforcement and Facility Account by ORS 319.415 and amounts transferred to the State Aeronautic Account by ORS 319.417.

(c) After deduction of current expenses of collection and transfer, the department shall pay moneys collected from the Motor Vehicle Accident Fund eligibility fee under ORS 807.040, 807.150 and 807.370, to the State Treasurer for deposit to the credit of the Motor Vehicle Accident Fund. The department shall pay the moneys under this paragraph on a monthly basis.

(d) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected from the Student Driver Training Fund eligibility fee under ORS 807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Student Driver Training Fund. The moneys deposited in the Student Driver Training Fund under this paragraph are continuously appropriated to the Department of Education for the following purposes:

(A) To the extent of not more than 10 percent of the amount transferred into the Student Driver Training Fund in any biennium, to pay the expenses of administering ORS 336.795, 336.800, 336.805, 336.810 (2) and 336.815.

(B) The remaining moneys, for reimbursing school districts as provided under ORS 336.805.

(e) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected for the Motorcycle Safety Subaccount under ORS 807.170 to the State Treasurer for deposit in the Motorcycle Safety Subaccount of the Transportation Safety Account. Moneys paid to the State Treasurer under this paragraph shall be used for the purpose of ORS 802.320.

(f) After deduction of expenses for the administration of the issuance of customized registration plates under ORS 805.240, the department shall place moneys received from the sale of customized registration plates in the Environmental Quality Information Account. The moneys placed in the account are continuously appropriated to the department and shall be used for the payment of expenses heretofore and hereafter incurred in administering programs established under ORS 366.157.

[(g) After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I and Class III all-terrain vehicle safety education courses under ORS 821.180 and 821.182, the department shall place moneys received from sources described in ORS 802.130 in the All-Terrain Vehicle Account in the State Highway Fund established by ORS 802.130.]

[(h)] (g) After deduction of expenses of collection, transfer and administration, the department shall pay moneys from any registration fees established by the governing bodies of counties or a district, as defined in ORS 801.237, under ORS 801.041 or 801.042 to the appropriate counties or districts. The department shall make the payments on at least a monthly basis unless another basis is established by the intergovernmental agreements required by ORS 801.041 and 801.042 between the department and the governing bodies of a county or a district.

[(i)] (h) After deducting the expenses of the department in collecting and transferring the moneys, the department shall make disbursals and payments of moneys collected for or dedicated to any other purpose or fund except the State Highway Fund.

[(j)] (i) After deduction of expenses of collection, transfer and administration, the department shall pay moneys collected from the Safety Education Fund eligibility fee under ORS 807.040, 807.150 and 807.370 to the State Treasurer for deposit in the Safety Education Fund established under ORS 802.155.

(3) The department shall refund from the Department of Transportation Driver and Motor Vehicle Suspense Account any excess or erroneous payment to a person who made the payment or to the person's legal representative when the department determines that money has been received by it in excess of the amount legally due and payable or that it has received money in which it has no legal interest. Refunds payable under this subsection are continuously appropriated for such purposes in the manner for payment of refunds under this section. If the department determines that a refund is due, the department may refund the amount of excess or erroneous payment without a claim being filed. Except as provided in ORS 319.290, 319.375, 319.820 and 319.831, any claim for a refund from the department must be filed within 12 months after the date payment is received by the department.

(4) After payment of those expenses and disbursals approved for payment before general administrative expenses related to the provision of driver and motor vehicle services, the department shall pay from the Department of Transportation Driver and Motor Vehicle Services Administrative Account its general administrative expenses incurred in the administration of any law related to driver and motor vehicle services that the department is charged with administering and any other expenses the department is permitted by law to pay from moneys held by the department before transfer of the moneys to the State Highway Fund. The following limitations apply to payments of administrative expenses under this subsection:

(a) The department shall make payment of the expenses of administering the issuance of winter recreation parking permits under ORS 811.595 from those moneys received from issuing the permits or from moneys received under ORS 153.630 from violation of the requirement to have the permit.

(b) The department shall pay its expenses for administering the registration and titling of snowmobiles under ORS 821.060 and 821.100 from the fees collected from administering those sections. The department shall also pay its expenses for the administration of the snowmobile driver permit program under ORS 821.160 from the moneys otherwise described in this paragraph.

(c) The department shall pay its expenses for determining the amount of money to be withheld under ORS 802.120 from the fees collected for administering the registration and titling of snowmobiles. The amount used to pay expenses under this paragraph shall be such sum as necessary but shall not exceed $10,000 during each biennium.

(d) The department shall retain $2,500 per year as the only payment for the administrative expenses of collecting and transferring of moneys for the Motor Vehicle Accident Fund as allowed under this section.

(e) The department shall retain not more than $15,000 in any biennium for the expenses of collecting and transferring moneys to the Student Driver Training Fund under this section and for the administration of ORS 336.810 (3).

(5) Except as otherwise provided in this subsection, the department shall transfer to the State Highway Fund the moneys not used for payment of the general administrative expenses or for approved expenses and disbursals before payment of general administrative expenses. The following apply to this subsection:

(a) If the Director of Transportation certifies the amount of principal or interest of highway bonds due on any particular date, the department may make available for the payment of such interest or principal any sums that may be necessary to the extent of moneys on hand available for the State Highway Fund regardless of the dates otherwise specified under this section.

(b) Notwithstanding paragraph (a) of this subsection the department shall not make available for purposes described in paragraph (a) of this subsection any moneys described in ORS 367.605 when there are not sufficient amounts of such moneys in the State Highway Fund for purposes of bonds issued under ORS 367.615.

(6) Notwithstanding any other provision of this section, the following moneys shall be transferred to the State Highway Fund at the times described:

(a) Moneys received under ORS 802.120 and not used for the payment of administrative expenses of the department shall be transferred before July 31 of each year.

(b) Moneys received from the registration of snowmobiles that is not to be used for payment of administrative expenses of the department shall be transferred within 30 days after the end of the quarter.

(c) Moneys received from the issuance of winter recreation parking permits or under ORS 153.630 from violation of the requirement to have a winter recreation parking permit and that is not used for payment of administrative expenses of the department shall be transferred within 30 days after the end of the quarter.

[(d) Moneys to be transferred to the All-Terrain Vehicle Account under ORS 802.130 shall be transferred within 30 days after the end of the quarter.]

(7) The following moneys transferred to the State Highway Fund under this section may be used only for the purposes described as follows:

(a) Moneys collected from the issuance of winter recreation parking permits or under ORS 153.630 for violation of the requirement to have a winter recreation parking permit, and the interest on such moneys, shall be used to enforce the requirement for winter recreation parking permits and to remove snow from winter recreation parking locations designated under ORS 810.170. Any remaining [money] moneys shall:

(A) Be used to maintain parking locations developed with moneys obtained under ORS 810.170 and snowmobile facilities that are parking lots developed with moneys as provided under this section;

(B) Be used to develop additional winter recreation parking locations under ORS 810.170; or

(b) Moneys received from the registration of snowmobiles or under ORS 802.120 shall only be used for the development and maintenance of snowmobile facilities, including the acquisition of land therefore by any means other than the exercise of eminent domain, and for the enforcement of ORS 811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to 821.300.

[(c) Moneys transferred under ORS 802.130 shall be used as described in ORS 802.140. The amount available under ORS 802.140 (1) for the development and maintenance of snowmobile facilities shall be used with moneys described in paragraph (b) of this subsection that are available for that purpose.]

(8) The department shall maintain the Revolving Account for Emergency Cash Advances separate from other moneys described in this section. From the account, the department may pay for the taking up of dishonored remittances returned by banks or the State Treasurer and for emergency cash advances to be subsequently reimbursed. The account shall be used only as a revolving fund. The department shall at all times be accountable for the amount of the account, either in cash or unreimbursed items and advances. The [money] moneys in the account [is] are continuously appropriated for the purposes of this subsection. The amount of the account under this subsection shall not exceed $40,000 from moneys received by the department in the performance of its driver and motor vehicle services functions and moneys otherwise appropriated for purposes of this subsection. The account under this subsection shall be kept on deposit with the State Treasurer. The State Treasurer is authorized to honor and pay all properly signed and indorsed checks or warrants drawn against the account.

SECTION 15. ORS 801.526 is amended to read:

801.526. "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. Oregon issues titles under ORS 803.045. Titles for snowmobiles [and Class I all-terrain vehicles] are issued as provided under ORS 821.060. Titles for manufactured structures are issued as provided under ORS 820.500. Salvage titles are issued as provided in ORS 803.140.

SECTION 16. Section 17 of this 1999 Act is added to and made a part of ORS chapter 802.

SECTION 17. The Department of Transportation shall transfer to the State Parks and Recreation Department that portion of the amount paid to the Department of Transportation as motor vehicle fuel tax under ORS 319.020 and 319.530 that is determined by the department to be tax on fuel used by Class I, Class II and Class III all-terrain vehicles in off-highway operation and that is not refunded. The Department of Transportation shall determine the amount of moneys to be transferred under this section at quarterly intervals.

SECTION 17a. If House Bill 2082 becomes law, section 57, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082) (amending ORS 802.130), is repealed and section 17 of this 1999 Act is amended to read:

Sec. 17. The Department of Transportation shall transfer to the State Parks and Recreation Department that portion of the amount paid to the Department of Transportation as motor vehicle fuel tax under ORS 319.020 and 319.530 and diesel fuel tax under section 2, chapter 1060, Oregon Laws 1999 (Enrolled House Bill 2082), that is determined by the department to be tax on fuel used by Class I, Class II and Class III all-terrain vehicles in off-highway operation and that is not refunded. The Department of Transportation shall determine the amount of moneys to be transferred under this section at quarterly intervals.

SECTION 17b. The amendments to section 17 of this 1999 Act by section 17a of this 1999 Act become operative on July 1, 2000.

SECTION 17c. If House Bill 2082 is referred to the people by petition under section 1 (3)(b), Article IV of the Oregon Constitution, and becomes law, the amendments to section 17 of this 1999 Act by section 17a of this 1999 Act that would have become operative on July 1, 2000, absent the referral, shall become operative on March 1, 2001.

SECTION 18. ORS 803.030 is amended to read:

803.030. This section establishes exemptions from the requirements under ORS 803.025 to obtain title issued by this state. The exemptions are subject to ORS 803.040. The exemptions are in addition to any exemptions under ORS 801.026. Vehicles exempted by this section from the requirements to be titled by this state are not prohibited from being titled by this state if titling is permitted under ORS 803.035. The exemptions are partial or complete as provided in the following:

(1) Title from this state is not required for a vehicle unless the vehicle is operated on a highway in this state.

(2) Title from this state is not required unless a vehicle is operated under a registration number of this state.

(3) Manufactured structures are subject to ORS 803.025 as provided under ORS 820.500 and 820.530.

(4) Snowmobiles and Class I all-terrain vehicles are not subject to the requirements under ORS 803.025. The requirements and procedures for titling snowmobiles [and Class I all-terrain vehicles] are as provided under ORS 821.060 and 821.070.

(5) Road rollers, farm tractors and traction engines are exempt from the requirements for title.

(6) Trolleys are exempt from the requirements for title.

(7) Bicycles are exempt from the requirements for title.

(8) United States Government owned and operated motor vehicles and trailers are exempt from the requirements for title.

(9) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and invalid chairs are exempt from the requirements for title.

(10) Fixed load vehicles are exempt from the requirements for title while operated within the immediate construction project, as described in the governmental agency contract, in the construction or reconstruction of state or county roads, highways or city streets.

(11) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from requirements for title while:

(a) Owned, leased, contracted or requisitioned by the State Forester, State Board of Forestry, their contractors under ORS chapter 477, or the Federal Government; and

(b) Being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute, including movement of the vehicles to and from the work area.

(12) Farm trailers are exempt from requirements for title when the operation or movement of the vehicle upon the highways is incidental to its use in an agricultural operation.

(13) Golf carts operated under an ordinance adopted under ORS 810.070 are exempt from requirements for title.

(14) Golf carts or similar vehicles are exempt from requirements for title when:

(a) They have not less than three wheels in contact with the ground;

(b) They have an unloaded weight of less than 1,300 pounds;

(d) They are operated by disabled persons.

(15) The nonresident owners of vehicles currently registered and titled in any other country, state or territory may operate such vehicles over the highways of this state without complying with the titling requirements under ORS 803.025. All of the following apply to this subsection:

(a) This subsection only provides an exemption so long as the owner satisfactorily shows that the owner is not a resident of this state as described under ORS 803.200.

(b) The exemption under this subsection applies to vehicles granted exemptions under ORS 802.500, 802.520 or 826.005, unless otherwise provided under paragraph (c) of this subsection.

(c) Except as otherwise provided in this paragraph, a vehicle operated over the highways of this state for compensation or profit must comply with the titling requirements under ORS 803.025 in the same manner as required of nontitled vehicles. The following vehicles are not subject to this paragraph:

(A) Vehicles operated under reciprocal registration exemptions established under ORS 802.500 or 826.005.

(B) Vehicles operated under an exemption established under ORS 802.520.

(C) Vehicles that are proportionally registered under an agreement established under ORS 826.007, and according to the procedures established under ORS 826.009 or 826.011.

(D) Any vehicle if duly registered and titled under the laws of the state or country of which the owner is a bona fide resident to the extent that in the foreign country, state, territory or federal district where the owner resides like exemptions and privileges are granted vehicles duly registered and titled under the laws of this state and owned by residents of this state.

(d) If no exemptions from titling requirements are in effect under ORS 802.500, 802.520, 826.005 or 826.007 with respect to another jurisdiction, any vehicle properly registered and titled in such other jurisdiction and for which evidence of compliance is supplied shall receive, when operated in this state, the same exemptions, benefits and privileges granted by such other jurisdictions to vehicles properly registered and titled in this state. Reciprocity extended under this paragraph shall apply to commercial vehicles only when engaged exclusively in interstate commerce.

(e) Any vehicle operated under dealer registration plates issued by another state, country, province, territory or the District of Columbia is subject to this subsection.

(16) Vehicle dealers issued certificates under ORS 822.020 may use and operate untitled vehicles as provided under ORS 822.040.

(17) Towing businesses issued certificates under ORS 822.205 may tow untitled vehicles as provided under ORS 822.210.

(18) Vehicle transporters issued certificates under ORS 822.310 may transport untitled vehicles as provided in ORS 822.310.

(19) Untitled vehicles may be operated under trip permits described under ORS 803.600 or under permits described under ORS 803.610 to 803.625.

(20) Vehicles that are registered by the United States Department of State and that are owned or operated by foreign nationals with diplomatic immunity are exempt from the requirements for title.

(21) Vehicles that are registered under the proportional registration provisions of ORS chapter 826 and are titled in a jurisdiction other than Oregon are exempt from the requirements for title.

(22) Converter dollies and tow dollies are exempt from the requirements for title.

SECTION 19. ORS 803.305 is amended to read:

803.305. This section establishes exemptions from the requirements under ORS 803.300. The exemptions under this section are in addition to any exemptions under ORS 801.026. Vehicles exempted by this section from the requirements to be registered by this state are not prohibited from being registered by this state if registration is permitted under ORS 803.310. The following are exempt, either partially or completely as described, from the registration requirements under ORS 803.300:

(1) Road rollers, farm tractors, trolleys and traction engines are exempt from registration.

(2) Bicycles are exempt from registration.

(3) A vehicle is exempt from registration if it has registration issued for the vehicle by the Armed Forces of the United States where the registration is issued in a foreign country to a vehicle owned by a member of the Armed Forces. The exemption granted by this subsection applies only for a period of 45 days from the time the vehicle is returned to the United States.

(4) A vehicle is exempt from registration if it is not operated on the highways of this state. No manufactured structure is exempt by this subsection. This subsection does not affect any exemption established under ORS 820.510.

(5) A trailer is exempt from registration if it is equipped with pneumatic tires made of elastic material and is not operated in this state with a loaded weight of more than 1,800 pounds. No trailer for hire, travel trailer, camper or manufactured structure is exempt by this subsection.

(6) Vehicles owned and operated by the United States Government are exempt from registration.

(7) Snowmobiles [and Class I all-terrain vehicles] are subject to the requirements for registration provided under ORS 821.080 to 821.110.

(8) Manufactured structures are subject to ORS 803.300 as provided under ORS 820.500, 820.510 and 820.530.

(9) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and invalid chairs are exempt from registration.

(10) Farm tractors and farm trailers on highways are exempt from registration when the operation of the vehicle upon the highway is incidental to its use in an agricultural operation.

(11) Fixed load vehicles are exempt from registration while the vehicles are operated:

(a) In the construction or reconstruction of state or county roads, highways or city streets; and

(b) Within the immediate construction projects, as described in the governmental agency contract under which the work is being performed.

(12) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from registration while being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute. The exemption under this subsection applies to the vehicles or equipment described while being moved to or from the work area. The exemption under this subsection only applies to vehicles or equipment owned, leased, contracted for or requisitioned by the State Forester or State Board of Forestry, a contractor of the State Forester or State Board of Forestry under ORS chapter 477 or the United States Government.

(13) Vehicles being used for the purposes of forest protection and fire suppression are exempt if the vehicles are necessary in order to comply with ORS 477.615 or 477.650 or a similar federal statute. The exemption under this subsection also applies to the vehicles described being moved to or from the work area.

(14) Golf cart exemptions from registration are as provided in ORS 820.210.

(15) Vehicles currently registered and titled in any other country, state or territory are not required to be registered by this state. All of the following apply to this subsection:

(a) This subsection only provides an exemption as long as the owner of the vehicle satisfactorily shows that the owner is not a resident of this state as described under ORS 803.200.

(b) The exemption under this subsection applies to vehicles granted exemptions under ORS 802.500, 802.520 or 826.005 unless otherwise provided for under paragraph (c) of this subsection.

(c) Except as otherwise provided in this paragraph, a vehicle operated over the highways of this state for compensation or profit must comply with the registration requirements under ORS 803.300 in the same manner as vehicles owned by persons in this state. The following vehicles are not subject to this paragraph:

(A) Vehicles operated under reciprocal registration exemptions established under ORS 802.500 or 826.005.

(B) Vehicles operated under an exemption established under ORS 802.520.

(C) Vehicles that are proportionally registered under an agreement established under ORS 826.007 and according to the procedures established under ORS 826.009 and 826.011.

(d) If no exemption from registration requirements is in effect under ORS 802.500, 802.520, 826.005 or 826.007 with respect to another jurisdiction, any vehicle properly registered and titled in such other jurisdiction and for which evidence of compliance is supplied shall receive, when operated in this state, the same exemptions, benefits and privileges granted by such other jurisdictions to vehicles properly registered and titled in this state. Reciprocity extended under this paragraph shall apply to commercial vehicles only when engaged exclusively in interstate commerce.

(e) Any vehicle operated under dealer registration plates issued by another state, country, province, territory or the District of Columbia is subject to this subsection.

(16) Vehicles operated or used by vehicle dealers may be operated or used without registration as provided under ORS 822.040.

(17) Vehicles towed by towing businesses may be towed without registration as provided under ORS 822.210.

(18) Vehicles without registration may be transported by vehicle transporters as provided under ORS 822.310.

(19) Vehicles that are not registered may be operated under trip permits described under ORS 803.600 or under permits described under ORS 803.610 to 803.625.

(20) If trailers that are part of a fleet of trailers for hire are properly registered in this state under an agreement entered into pursuant to ORS 802.500, all trailers that are identified as being a part of the same fleet and that are currently registered in any state, territory, province, country or the District of Columbia shall be permitted to operate in this state in both interstate and intrastate commerce without being registered by this state.

(21) Vehicles that are registered by the United States Department of State and that are owned or operated by foreign nationals with diplomatic immunity are exempt from registration.

(22) Tow dollies and converter dollies are exempt from registration.

SECTION 20. ORS 803.415 is amended to read:

803.415. This section establishes registration periods for vehicles. The registration periods are periods described under ORS 803.400. Except as provided in the following, the registration period for any vehicle registered in this state by the Department of Transportation is a biennial registration period:

(1) The following vehicles have permanent registration:

(a) Antique vehicles registered under ORS 805.010.

(b) Vehicles of special interest registered under ORS 805.020.

(c) Trailers that will be operated on the highways at a loaded weight of more than 8,000 pounds and are not travel trailers, manufactured structures, fixed load vehicles or special use trailers.

(2) Government-owned vehicles registered under ORS 805.040 have ownership registration.

(3) The following vehicles may be registered under annual or quarterly registration unless the vehicles are registered under proportional registration under ORS 826.009 or proportional fleet registration under ORS 826.011:

(a) Vehicles required to establish a registration weight under ORS 803.430.

(b) Commercial buses.

(4) Snowmobiles [and Class I all-terrain vehicles] are registered as provided in ORS 821.080.

(5) Manufactured structures are registered as provided in ORS 820.500.

(6) Vehicles operated by dealers who hold certificates under ORS 822.020 are as provided under ORS 822.040.

(7) Trailers for hire that will be operated at a loaded weight of 8,000 pounds or less may be registered as follows:

(a) Annual registration; or

(b) If registered under an agreement pursuant to ORS 802.500, for a period of time determined as specified in the agreement or as determined by the department.

(8) The registration period for electric vehicles is a biennial registration period except that the registration period for the following electric vehicles is an annual registration period:

(a) Commercial buses.

(b) Electric vehicles registered as farm vehicles under ORS 805.300.

(9) Vehicles registered under ORS 805.100 have an ownership registration period.

(10) School vehicles registered under ORS 805.050 have ownership registration except that the registration shall continue to be valid if ownership of the vehicle is transferred to a person who continues to use the vehicle for purposes authorized by ORS 805.050.

SECTION 21. ORS 803.505 is amended to read:

803.505. (1) The owner of a vehicle that is registered in this state commits the offense of failure to carry a registration card if the owner does not place and keep the card in or on the vehicle in a manner that makes it readily available for police inspection upon request.

(2) The following apply to the offense described in this section:

(a) The owner of a commercial vehicle is not in violation of this section if a photocopy of the card is used.

(b) In the case of a camper, the owner shall keep the registration card in the transporting vehicle.

(c) In the case of a snowmobile [or Class I all-terrain vehicle,] the registration card or certificate shall be in a place that is readily accessible whether or not the snowmobile [or Class I all-terrain vehicle] is in operation.

(3) The offense described in this section, failure to carry a registration card, is a Class D traffic infraction.

SECTION 22. ORS 805.250 is amended to read:

805.250. This section establishes fees for issuance of registration plates authorized under ORS 805.200. If a fee for plates authorized in ORS 805.200 is not established in this section, the fee is the same fee as established under ORS 803.570. Where a fee is established under this section, the fee is in addition to the fee established under ORS 803.570 unless otherwise provided in the following:

(1) Amateur radio operator registration plates issued under ORS 805.230, $5.

(2) Customized registration plates issued under ORS 805.240, $25 annual fee.

(3) Special interest registration plates approved under ORS 805.210 are approved without cost except as provided in this subsection, including without payment of the fee established under ORS 803.570. If identifying stickers are required, $1 per sticker or pair of stickers.

(4) Dealer plates issued under ORS 822.020 and 822.040 are as follows:

(a) For the original dealer plate, no fee except the fee established under ORS 803.570.

(b) For replacement or additional dealer plates, $10 for each plate except that persons dealing exclusively in motorcycles, mopeds, [Class I all-terrain vehicles or] snowmobiles or any combination of those vehicles shall pay only $3 for each replacement or additional plate.

(5) Special vehicle transporter plates or devices issued under ORS 822.310, $5 for each plate or device.

[(6) Instructor plates issued under ORS 821.125, $10 for each plate.]

SECTION 22a. Section 8, chapter 593, Oregon Laws 1999 (Enrolled House Bill 2739) (amending ORS 805.250), is repealed and ORS 805.250, as amended by section 22 of this 1999 Act, is amended to read:

(1) Amateur radio operator registration plates issued under ORS 805.230, $5.

(2) Customized registration plates issued under ORS 805.240, $25 annual fee.

(4) Dealer plates issued under ORS 822.020 and 822.040 are as follows:

(a) For the original dealer plate, no fee except the fee established under ORS 803.570.

(b) For replacement [or additional] dealer plates, $10 for each plate except that persons dealing exclusively in motorcycles, mopeds, snowmobiles or any combination of those vehicles shall pay only $3 for each replacement [or additional] plate.

(c) For additional plates, or for renewal of registration, $42, except that persons dealing exclusively in motorcycles, mopeds or snowmobiles or any combination of those vehicles shall pay only $9 for each additional plate, or for renewal of registration.

(5) Special vehicle transporter plates or devices issued under ORS 822.310, $5 for each plate or device.

SECTION 23. ORS 821.050 is amended to read:

821.050. (1) Limits on the authority of cities, counties or other political subdivisions of this state or any state agency are as imposed under ORS 801.040.

(2) Fees collected by the Department of Transportation in the regulation of snowmobiles shall be used as provided in ORS 802.110 and 802.120.

[(3) Fees collected by the department in the regulation of Class I and Class III all-terrain vehicles shall be used as provided in ORS 802.140.]

SECTION 24. ORS 821.170 is amended to read:

821.170. (1) A person commits the offense of operation of a Class I all-terrain vehicle without driving privileges if the person operates a Class I all-terrain vehicle on public lands and the person does not meet one of the following qualifications:

(a) The person must hold a valid driver license;

(b) The person must hold a valid Class I all-terrain vehicle operator permit issued under [ORS 821.180] section 6 of this 1999 Act; or

(c) The person must be accompanied by a person who is at least 18 years of age, who has either a valid driver license or a valid Class I all-terrain vehicle operator permit and who is either on the same vehicle, if the vehicle is designed to carry passengers, or on a separate Class I all-terrain vehicle.

(2) Notwithstanding subsection (1) of this section, no person under 12 years of age may operate a Class I all-terrain vehicle on a designated snowmobile trail under snow conditions unless the person holds a valid Class I all-terrain vehicle operator permit issued under [ORS 821.180] section 6 of this 1999 Act.

(3) The offense described in this section, operation of Class I all-terrain vehicle without driving privileges, is a Class D traffic infraction.

SECTION 25. ORS 821.172 is amended to read:

821.172. (1) A person who is 12 years of age or older commits the offense of operation of a Class III all-terrain vehicle without driving privileges if the person operates a Class III all-terrain vehicle on public lands and the person does not meet one of the following qualifications:

(a) The person must hold a valid driver license;

(b) The person must hold a valid Class III all-terrain vehicle operator permit issued under [ORS 821.182] section 7 of this 1999 Act; or

(c) The person must be accompanied by a person who is at least 18 years of age, who has either a valid driver license or a valid Class III all-terrain vehicle operator permit and who is either on the same vehicle, if the vehicle is designed to carry passengers, or on a separate Class III all-terrain vehicle.

(2) A person who is at least seven years of age but under 12 years of age commits the offense of operation of a Class III all-terrain vehicle without driving privileges if the person operates a Class III all-terrain vehicle on public lands and the person does not meet both of the following qualifications:

(a) The person must hold a valid Class III all-terrain vehicle operator permit issued under [ORS 821.182] section 7 of this 1999 Act; and

(b) The person must be accompanied by a person who is at least 18 years of age, who has either a valid driver license or a valid Class III all-terrain vehicle operator permit and who is either on the same vehicle, if the vehicle is designed to carry passengers, or on a separate Class III all-terrain vehicle.

(3) A person under seven years of age commits the offense of operation of a Class III all-terrain vehicle without driving privileges if the person operates a Class III all-terrain vehicle on public lands.

(4) The offense described in this section, operation of a Class III all-terrain vehicle without driving privileges, is a Class C traffic infraction.

SECTION 26. ORS 821.060 is amended to read:

821.060. (1) The Department of Transportation shall provide for the issuance of titles for snowmobiles [and Class I all-terrain vehicles] required to be titled under ORS 821.070. The following provisions relating to titling shall be the same for snowmobiles [and Class I all-terrain vehicles] as for other vehicles:

(a) Fee for issuance.

(b) Provisions relating to transfer, including security interests and other types of transfer, fees for transfer, time limits for transfer and responsibility for making transfer and submitting documents.

(c) Information required to be placed on a title, except where the department determines such information would be inappropriate.

(d) Party to whom title is issued upon original issuance or transfer.

(e) Validity times and requirements.

(f) Provisions contained in ORS 819.010 to 819.040.

(g) Any provisions relating to title that are applicable to other vehicles under the vehicle code and that the department determines, by rule, to be necessary to assure that the titling of snowmobiles [and Class I all-terrain vehicles] is administered in the same manner and has the same effect as the titling of other vehicles.

(h) Provisions relating to salvage titles.

(2) Application for issuance of title for a snowmobile [or a Class I all-terrain vehicle] shall be made in the manner and in a form prescribed by the department. The department may require any information in the application the department determines is reasonably necessary to determine ownership or right to title for a snowmobile [or a Class I all-terrain vehicle]. The department may provide for application for title separately from or with application for snowmobile [or Class I all-terrain vehicle] registration or in any way the department determines appropriate.

(3) Dealers issued certificates under ORS 822.020 who sell snowmobiles shall accept application and fees for title of a snowmobile from each purchaser of a new or used snowmobile in a manner required by the department.

[(4) Dealers issued certificates under ORS 822.020 who sell Class I all-terrain vehicles shall accept application and fees for title of a Class I all-terrain vehicle from each purchaser of a new or used vehicle in a manner required by the department.]

SECTION 27. ORS 821.070 is amended to read:

821.070. (1) A person commits the offense of failure to title a snowmobile [or a Class I all-terrain vehicle] if the person is the owner of a snowmobile [or a Class I all-terrain vehicle] that is in this state or is operating a snowmobile [or a Class I all-terrain vehicle] at any place in this state and the snowmobile [or Class I all-terrain vehicle] has not been issued a title as provided under ORS 821.060.

(2) The requirement to title a snowmobile [or a Class I all-terrain vehicle] under this section does not apply if the snowmobile [or Class I all-terrain vehicle] is any of the following:

(a) Owned and operated by the United States, another state or political subdivision thereof.

(b) Owned and operated by this state or by any city, district or political subdivision thereof.

(d) A new snowmobile [or a new Class I all-terrain vehicle] that is in the possession of a dealer for purposes of sale or display.

(3) The offense described in this section, failure to title a snowmobile [or a Class I all-terrain vehicle], is a Class D traffic infraction.

SECTION 28. ORS 821.080 is amended to read:

821.080. (1) The Department of Transportation shall issue snowmobile [or Class I all-terrain vehicle] registration to a qualified owner. To qualify for issuance of registration under this section:

(a) The owner must complete the application in the manner and in a form the department prescribes.

(b) The application shall state the name and address of each owner of the snowmobile [or Class I all-terrain vehicle] to be registered.

(d) The fee established under ORS 821.320 for registration of a snowmobile [or a Class I all-terrain vehicle] must be paid.

(2) Dealers issued certificates under ORS 822.020 who sell snowmobiles [or Class I all-terrain vehicles] shall accept application and fees for registration from each purchaser of a new or used snowmobile [or Class I all-terrain vehicle] that is required to be registered in this state. The department shall adopt rules for the implementation of this subsection.

(3) The department shall not issue any registration for a snowmobile [or a Class I all-terrain vehicle] unless the snowmobile [or Class I all-terrain vehicle] has been issued a title in compliance with ORS 821.060 and 821.070.

(4) Snowmobile [and Class I all-terrain vehicle] registration and renewal of registration are valid for a period of two years after which time the registration expires.

(5) Upon qualification for registration, the department shall do the following:

(a) Register the snowmobile [or Class I all-terrain vehicle].

(b) Assign a registration number to the snowmobile [or Class I all-terrain vehicle]. The registration number assigned at the time of original registration shall remain with that vehicle until the vehicle is destroyed, abandoned or permanently removed from this state, or until changed or terminated by the department.

(c) Issue and deliver to the registered owner a certificate of registration in a form to be determined by the department.

(d) At the time of original registration and at the time of each subsequent renewal thereof, issue to the registrant a date tag or tags indicating the validity of the current registration and the expiration date thereof.

(6) A snowmobile [or Class I all-terrain vehicle] registration is not valid unless a validating tag and current registration certificate have been issued.

(7) The department shall provide procedures necessary for renewal of snowmobile [and Class I all-terrain vehicle] registration consistent with this section and ORS 821.110 and 821.320.

(8) The department may adopt rules specifying additional requirements and procedures for registration of snowmobiles [and Class I all-terrain vehicles]. Requirements and procedures adopted under this subsection shall be designed to assure that except as otherwise provided in this chapter, the registration of snowmobiles [and Class I all-terrain vehicles] is administered in the same manner and has the same effect as the registration of vehicles under ORS chapter 803.

SECTION 29. ORS 821.090 is amended to read:

821.090. This section establishes exemptions from the requirements to register snowmobiles [or Class I all-terrain vehicles] under ORS 821.100. The following are exempt from the registration requirements, either partially or completely as described:

(1) A snowmobile [or Class I all-terrain vehicle] owned and operated by the United States, another state or a political subdivision thereof.

(2) A snowmobile [or Class I all-terrain vehicle] owned and operated by this state or by any city, district or political subdivision thereof.

(3) A snowmobile [or Class I all-terrain vehicle] owned by a resident of another state if registered in accordance with the laws of the state in which its owner resides. The exemption granted under this subsection:

(a) Is only granted to the extent that a similar exemption or privilege is granted under the laws of the other state for snowmobiles [or Class I all-terrain vehicles] registered in this state.

(b) Is only granted for a period of up to 60 consecutive days. Any snowmobile [or Class I all-terrain vehicle] that does not qualify for the exemption under this subsection because of this paragraph is subject to registration.

(4) A snowmobile [or Class I all-terrain vehicle] operated under an out-of-state permit issued under ORS 821.130.

(5) A snowmobile operated under dealer plates as described in ORS 822.040.

[(6) A Class I all-terrain vehicle operated under dealer plates as described in ORS 822.040.]

[(7)] (6) A snowmobile [or Class I all-terrain vehicle] used exclusively in farming, agricultural or forestry operations or used by persons licensed under ORS chapter 571 exclusively for nursery or Christmas tree growing operations.

SECTION 30. ORS 821.100 is amended to read:

821.100. (1) A person commits the offense of operation of an unregistered snowmobile [or Class I all-terrain vehicle] if the person operates a snowmobile [or Class I all-terrain vehicle] that is not registered under ORS 821.080.

(2) Exemptions from this section are established under ORS 821.090.

(3) The offense described in this section, operation of an unregistered snowmobile [or Class I all-terrain vehicle], is a Class D traffic infraction.

SECTION 31. ORS 821.110 is amended to read:

821.110. (1) A person commits the offense of failure to renew snowmobile [or Class I all-terrain vehicle] registration if the person is the owner of a snowmobile [or Class I all-terrain vehicle] in this state and the person does not renew registration for the snowmobile [or Class I all-terrain vehicle] in the manner the Department of Transportation prescribes when the registration expires as provided under ORS 821.080 and pay the required fee for renewal of registration established under ORS 821.320.

(2) The offense described in this section, failure to renew snowmobile [or Class I all-terrain vehicle] registration, is a Class D traffic infraction.

SECTION 32. ORS 821.120 is amended to read:

821.120. (1) A person commits the offense of failure to properly display snowmobile [or Class I all-terrain vehicle] registration numbers if the person is the owner or operator of a snowmobile [or Class I all-terrain vehicle] and the registration numbers issued by the Department of Transportation for the vehicle are not displayed on the vehicle or are displayed in a manner that violates any of the following:

(a) The registration numbers must be permanently affixed.

(b) The registration numbers must be displayed in a clearly visible manner.

(c) The registration number must be displayed upon the snowmobile [or Class I all-terrain vehicle] in a manner prescribed by the department.

(d) The numbers displayed shall be in the form of painted numbers or decals and shall be of contrasting color with the surface on which they are applied.

(e) The registration numbers shall be maintained in a legible condition.

(f) Any validating date tag or tags issued by the department under ORS 821.080 shall be affixed in the manner prescribed by the department.

(2) The offense described in this section, failure to properly display snowmobile [or Class I all-terrain vehicle] registration numbers, is a Class D traffic infraction.

SECTION 33. ORS 821.130 is amended to read:

821.130. (1) An out-of-state snowmobile [or Class I all-terrain vehicle] permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state a snowmobile [or Class I all-terrain vehicle] that is:

(a) Owned by a resident of another state;

(b) Not registered in this state or in the other state; and

(2) The Department of Transportation shall establish a program for the issuance of out-of-state snowmobile permits [and out-of-state Class I all-terrain vehicle permits] under this section. The program established by the department shall comply with all of the following:

(a) A permit may only be issued for snowmobiles [or Class I all-terrain vehicles] owned by the resident of another state where registration is not required by law.

(b) A permit is valid for not more than 60 days.

(d) The fees for issuance of the permit are as provided under ORS 821.320.

SECTION 34. ORS 821.140 is amended to read:

821.140. (1) A person commits the offense of failure to carry an out-of-state snowmobile [or Class I or Class III all-terrain vehicle] permit if an out-of-state permit is issued for the vehicle under ORS 821.130 and the permit is not carried on the snowmobile [or Class I or Class III all-terrain vehicle] at all times during operation of the snowmobile [or Class I or Class III all-terrain vehicle] in this state.

(2) The offense described in this section, failure to carry an out-of-state snowmobile [or Class I or Class III all-terrain vehicle] permit, is a Class D traffic infraction.

SECTION 35. ORS 821.195 is amended to read:

821.195. (1) A person commits the offense of operating [a Class II or a Class III] an all-terrain vehicle without a permit and a decal if the person operates [a Class II or a Class III] an all-terrain vehicle without a permit and a decal in an area or on a trail designated by the appropriate authority as open to [Class II or Class III] all-terrain vehicles only if they have permits and decals.

(2) This section does not apply to:

(a) [A Class II or a Class III] An all-terrain vehicle owned and operated by a resident of another state if the other state grants a similar exemption for [Class II or Class III] all-terrain vehicles owned and operated by residents of Oregon and if the vehicle has not been operated in this state for more than 60 consecutive days; or

(b) [A Class II or a Class III] An all-terrain vehicle owned and operated by the United States, this state or any other state or any political subdivision of the United States or of a state.

(3) The offense described in this section, operating [a Class II or a Class III] an all-terrain vehicle without a permit and a decal, is a Class C traffic infraction.

SECTION 36. ORS 821.292 is amended to read:

821.292. (1) A person commits the offense of endangering a Class III all-terrain vehicle operator if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child at least seven years of age but under 12 years of age and the child operates a Class III all-terrain vehicle on public lands and:

(a) Does not have a Class III all-terrain vehicle operator permit issued under [ORS 821.182] section 7 of this 1999 Act; and

(b) Is not accompanied by the parent, legal guardian or person with legal responsibility who is on the same vehicle, if the vehicle is designed to carry passengers, or on a separate Class III all-terrain vehicle.

(2) A person commits the offense of endangering a Class III all-terrain vehicle operator if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child who is under seven years of age and the child operates a Class III all-terrain vehicle on public lands.

(3) The offense described in this section, endangering a Class III all-terrain vehicle operator, is a Class C traffic infraction.

SECTION 37. ORS 821.320 is amended to read:

821.320. The following fees are established relating to snowmobiles [and Class I all-terrain vehicles]:

(1) Registration under ORS 821.080, $10.

(2) Renewal of registration under ORS 821.080, $10.

(3) Issuance of out-of-state permit under ORS 821.130, $7.

SECTION 38. ORS 802.130, 802.140, 802.360, 821.125, 821.145, 821.180 and 821.182 are repealed.

SECTION 39. (1) Except as provided in subsection (2) of this section, all unexpended moneys appropriated or otherwise available to the Department of Transportation for the purposes of any of its duties, functions or powers regarding all-terrain vehicles are appropriated and transferred to the State Parks and Recreation Department.

(2) Moneys in the All-Terrain Vehicle Account in the State Highway Fund are transferred to the All-Terrain Vehicle Account in the State Parks and Recreation Department Fund.

(3) Any proceeding, action, prosecution or other business or matter undertaken or commenced before the operative date of sections 2 to 10 of this 1999 Act by the Department of Transportation with respect to the duties, functions or powers regarding all-terrain vehicles transferred to the State Parks and Recreation Department by sections 2 to 10 of this 1999 Act, and still pending on the operative date of sections 2 to 10 of this 1999 Act, may be conducted and completed by the State Parks and Recreation Department in the same manner, under the same terms and conditions and with the same effect as though undertaken, conducted or completed by the Department of Transportation before the transfer.

(4) The transfer of duties, functions and powers by sections 2 to 10 of this 1999 Act does not relieve any person of any obligation with respect to a tax, fee, fine or other charge, interest, penalty, forfeiture or other liability, duty or obligation.

(5) The lawful rules of the Department of Transportation with respect to all-terrain vehicles continue in effect until superseded or rescinded by rules lawfully adopted by the State Parks and Recreation Department.

SECTION 40. Notwithstanding any other law limiting expenditures of the State Parks and Recreation Department, the amount of $3,853,213 is established for the biennium beginning July 1, 1999, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, excluding federal funds, collected or received by the department for program and administrative expenses related to the all-terrain vehicle programs.

SECTION 41. Notwithstanding any other law limiting expenditures of the Department of Transportation, the authorized limitations for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts and federal funds received as reimbursement from the United States Department of Transportation, Federal Highway Administration and Federal Aviation Administration under the Transportation Equity Act for the 21st Century, but excluding lottery funds, collected or received by the department for the biennium beginning July 1, 1999, are changed by the amounts specified:

(1) The limitation on expenditures for Driver and Motor Vehicle Services established in section 2, chapter 907, Oregon Laws 1999 (Enrolled House Bill 5053), is decreased by $104,958.

(2) The limitation on expenditures for special programs established in section 2, chapter 907, Oregon Laws 1999 (Enrolled House Bill 5053), is decreased by $3,505,711.

SECTION 42. This 1999 Act becomes operative on January 1, 2000.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date October 23, 1999

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