Chapter 107 Oregon Laws 2003




HB 2338


Relating to minors in motor vehicles; amending ORS 811.205; and prescribing an effective date.


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


          SECTION 1. ORS 811.205 is amended to read:

          811.205. (1) A person commits the offense of carrying a [child] minor on an external part of a motor vehicle if the person carries any [child] person under 18 years of age upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

          (2) For purposes of this section, the open bed of a motor vehicle is an external part of a motor vehicle.

          (3) A person does not commit the offense described in this section if the person:

          (a) Is carrying a minor in the open bed of a motor vehicle and the minor is secured with a safety belt or safety harness that complies with rules adopted under ORS 815.055;

          (b) Is operating the motor vehicle in an organized parade; or

          (c) Is carrying a minor who is seated on the floor of the open bed of a motor vehicle in which all available passenger seats are occupied by minors, the tailgate is securely closed and the minor is being transported:

          (A) In the course and scope of employment, provided that the minor is transported in compliance with law and rules regulating the transport of workers; or

          (B)(i) Between a hunting camp and a hunting site or between hunting sites during hunting season; and

          (ii) The minor has a hunting license.

          [(2)] (4) The offense described in this section, carrying a [child] minor on an external part of a motor vehicle, is a Class B traffic violation.


          SECTION 2. This 2003 Act takes effect on the 91st day after the date on which the regular session of the Seventy-second Legislative Assembly adjourns sine die.


Approved by the Governor May 28, 2003


Filed in the office of Secretary of State May 28, 2003


Effective date November 26, 2003