Chapter 693
AN ACT
HB 3527
Relating to racing activity vehicles;
creating new provisions; and amending ORS 468A.350, 803.045, 803.210, 803.212,
803.305, 803.420, 815.075, 815.105 and 815.300.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2, 3, 3a, 3b and 3c of this 2007
Act are added to and made a part of the
SECTION 2. “Racing activity vehicle” means a motor
vehicle that:
(1) Is primarily used
for racing on a race track and that has:
(a) A bodiless tubular
steel chassis that forms the main structural component of the vehicle;
(b) High side rails;
(c) Integral front and
rear rollover tubes;
(d) A suspension with
both front and rear double unequal length wishbones and inboard, pushrod
operated dampers; and
(e) A product
identification number instead of a vehicle identification number; and
(2) Is not a replica or
an assembled vehicle.
SECTION 3. A racing activity vehicle is exempt from
vehicle equipment requirements under ORS 815.040, 815.075, 815.250, 815.295 and
815.310 if all of the following apply:
(1) The vehicle is
equipped with original manufacturer’s equipment and accessories or their
equivalent; and
(2) The vehicle is
maintained in safe operating condition.
SECTION 3a. (1) A vehicle that is a racing activity
vehicle may be registered only under this section.
(2) A racing activity
vehicle shall be registered for a permanent registration period as described
under ORS 803.400. To register a racing activity vehicle the owner shall:
(a) Apply for permanent
registration of the vehicle in the same manner provided for application for
registration of vehicles; and
(b) Pay the fee for
permanent registration of racing activity vehicles established under ORS
803.420.
(3) A racing activity
vehicle may be issued special interest registration plates.
(4) Once a vehicle is
permanently registered as a racing activity vehicle under this section, the
vehicle is subject to the limitations on use of the vehicle under section 3b of
this 2007 Act.
SECTION 3b. (1) A person commits the offense of
violation of registration limits on a racing activity vehicle if a vehicle is
permanently registered under section 3a of this 2007 Act and the person uses
the vehicle other than for:
(a) Exhibitions, parades
or club activities;
(b) Driving the vehicle
from the person’s home to a race track that is within a 90-mile radius of the
person’s home; or
(c) Test driving the
vehicle for maintenance or repair purposes within a 30-mile radius of where the
vehicle is maintained or repaired.
(2) The offense
described in this section, violation of registration limits on a racing
activity vehicle, is a Class B traffic violation.
SECTION 3c. (1) A person commits the offense of
unlawfully operating a racing activity vehicle on a highway if the person
operates a racing activity vehicle on a highway that has a speed limit or
posted speed that is greater than 55 miles per hour.
(2) The offense
described in this section, unlawfully operating a racing activity vehicle on a
highway, is a Class B traffic violation.
SECTION 3d. ORS 803.420 is amended to read:
803.420. This section
establishes registration fees for vehicles. If there is uncertainty as to the
classification of a vehicle for purposes of the payment of registration fees
under the vehicle code, the Department of Transportation may classify the
vehicle to assure that registration fees for the vehicle are the same as for
vehicles the department determines to be comparable. The registration fees for
the vehicle shall be those based on the classification determined by the
department. Except as otherwise provided in this section, or unless the vehicle
is registered quarterly, the fees described in this section are for an entire
registration period for the vehicle as described under ORS 803.415. The
department shall apportion any fee under this section to reflect the number of
quarters registered for a vehicle registered for a quarterly registration
period under ORS 803.415. The fees are payable when a vehicle is registered and
upon renewal of registration. Except as provided in ORS 801.041 (3) and 801.042
(7), the fee shall be increased by any amount established by the governing body
of a county or by the governing body of a district, as defined in ORS 801.237
under ORS 801.041 or 801.042 as an additional registration fee for the vehicle.
The fees for registration of vehicles are as follows:
(1) Vehicles not
otherwise provided for in this section or ORS 821.320, $27 for each year of the
registration period.
(2) Mopeds, $15 for each
year of the registration period.
(3) Motorcycles, $15 for
each year of the registration period.
(4) Government-owned
vehicles registered under ORS 805.040, $3.50.
(5) State-owned vehicles
registered under ORS 805.045, $3.50 on registration or renewal.
(6) Undercover vehicles
registered under ORS 805.060, $3.50 on registration or renewal.
(7) Antique vehicles
registered under ORS 805.010, $54.
(8) Vehicles of special
interest registered under ORS 805.020, $81.
(9) Electric vehicles and
hybrid vehicles that use electricity and another source of motive power, as
follows:
(a) The registration fee
for an electric or hybrid vehicle not otherwise described in this subsection is
$27 for each year of the registration period.
(b) The registration fee
for electric or hybrid vehicles that have two or three wheels is $27. This
paragraph does not apply to electric or hybrid mopeds. Electric or hybrid
mopeds are subject to the same registration fee as otherwise provided for
mopeds under this section.
(c) The registration
fees for the following electric or hybrid vehicles are the same as for
comparable nonelectric vehicles described in this section plus 50 percent of
such fee:
(A) Motor homes.
(B) Commercial buses.
(C) Vehicles registered
as farm vehicles under ORS 805.300.
(D) Vehicles required to establish registration weight under ORS 803.430 or
826.013.
(10) Motor vehicles
required to establish a registration weight under ORS
803.430 or 826.013, and commercial buses as provided in the following chart,
based upon the weight submitted in the declaration of weight prepared under ORS
803.435 or 826.015:
______________________________________________________________________________
Weight in Pounds Fee
8,000 or less $ 27
8,001 to 10,000 169
10,001 to 12,000 192
12,001 to 14,000 215
14,001 to 16,000 238
16,001 to 18,000 261
18,001 to 20,000 291
20,001 to 22,000 314
22,001 to 24,000 345
24,001 to 26,000 375
26,001 to 28,000 184
28,001 to 30,000 192
30,001 to 32,000 207
32,001 to 34,000 215
34,001 to 36,000 230
36,001 to 38,000 238
38,001 to 40,000 253
40,001 to 42,000 261
42,001 to 44,000 276
44,001 to 46,000 284
46,001 to 48,000 291
48,001 to 50,000 307
50,001 to 52,000 322
52,001 to 54,000 330
54,001 to 56,000 337
56,001 to 58,000 352
58,001 to 60,000 368
60,001 to 62,000 383
62,001 to 64,000 398
64,001 to 66,000 406
66,001 to 68,000 421
68,001 to 70,000 429
70,001 to 72,000 444
72,001 to 74,000 452
74,001 to 76,000 467
76,001 to 78,000 475
78,001 to 80,000 490
80,001 to 82,000 498
82,001 to 84,000 513
84,001 to 86,000 521
86,001 to 88,000 536
88,001 to 90,000 544
90,001 to 92,000 559
92,001 to 94,000 567
94,001 to 96,000 582
96,001 to 98,000 590
98,001 to 100,000 598
100,001 to 102,000 613
102,001 to 104,000 621
104,001 to 105,500 636
______________________________________________________________________________
(11)(a) Motor vehicles
with a registration weight of more than 8,000 pounds that are described in ORS
825.015, that are operated by a charitable organization as defined in ORS
825.017 (14), that are certified under ORS 822.205 or that are used exclusively
to transport manufactured structures, as provided in the following chart:
______________________________________________________________________________
Weight in Pounds Fee
8,001 to 10,000 $ 50
10,001 to 12,000 60
12,001 to 14,000 65
14,001 to 16,000 75
16,001 to 18,000 80
18,001 to 20,000 90
20,001 to 22,000 95
22,001 to 24,000 105
24,001 to 26,000 110
26,001 to 28,000 120
28,001 to 30,000 125
30,001 to 32,000 135
32,001 to 34,000 140
34,001 to 36,000 150
36,001 to 38,000 155
38,001 to 40,000 165
40,001 to 42,000 170
42,001 to 44,000 180
44,001 to 46,000 185
46,001 to 48,000 190
48,001 to 50,000 200
50,001 to 52,000 210
52,001 to 54,000 215
54,001 to 56,000 220
56,001 to 58,000 230
58,001 to 60,000 240
60,001 to 62,000 250
62,001 to 64,000 260
64,001 to 66,000 265
66,001 to 68,000 275
68,001 to 70,000 280
70,001 to 72,000 290
72,001 to 74,000 295
74,001 to 76,000 305
76,001 to 78,000 310
78,001 to 80,000 320
80,001 to 82,000 325
82,001 to 84,000 335
84,001 to 86,000 340
86,001 to 88,000 350
88,001 to 90,000 355
90,001 to 92,000 365
92,001 to 94,000 370
94,001 to 96,000 380
96,001 to 98,000 385
98,001 to 100,000 390
100,001 to 102,000 400
102,001 to 104,000 405
104,001 to 105,500 415
______________________________________________________________________________
(b) The owner of a
vehicle described in paragraph (a) of this subsection must certify at the time
of initial registration, in a manner determined by the department by rule, that
the motor vehicle will be used exclusively to transport manufactured structures
or exclusively as described in ORS 822.210, 825.015 or 825.017 (14).
Registration of a vehicle described in paragraph (a) of this subsection is
invalid if the vehicle is operated in any manner other than that described in
the certification under this paragraph.
(12) Trailers registered
under permanent registration, $10.
(13) Fixed load vehicles
as follows:
(a) If a declaration of
weight described under ORS 803.435 is submitted establishing the weight of the
vehicle at 3,000 pounds or less, $54.
(b) If no declaration of
weight is submitted or if the weight of the vehicle is in excess of 3,000
pounds, $75.
(14) Trailers for hire
that are equipped with pneumatic tires made of an elastic material and that are
not travel trailers or trailers registered under permanent registration, $27.
(15) Trailers registered
as part of a fleet under an agreement reached pursuant to ORS 802.500, the same
as the fee for vehicles of the same type registered under other provisions of
the Oregon Vehicle Code.
(16) Travel trailers,
campers and motor homes as follows, based on length as determined under ORS
803.425:
(a) For travel trailers
or campers that are 6 to 10 feet in length, $81.
(b) For travel trailers
or campers over 10 feet in length, $81 plus $6.75 a foot for each foot of
length over the first 10 feet.
(c) For motor homes that
are 6 to 10 feet in length, $126.
(d) For motor homes over
10 feet in length, $126 plus $7.50 a foot for each foot of length over the
first 10 feet.
(17) Special use trailers
as follows, based on length as determined under ORS 803.425:
(a) For lengths 6 to 10
feet, $54.
(b) For special use
trailers over 10 feet in length, $54 plus $3 a foot for each foot of length
over the first 10 feet.
(18) Fees for vehicles
with proportional registration under ORS 826.009, or proportioned fleet
registration under ORS 826.011, are as provided for vehicles of the same type
under this section except that the fees shall be fixed on an apportioned basis
as provided under the agreement established under ORS 826.007.
(19) For any vehicle
that is registered under a quarterly registration period, a minimum of $15 for
each quarter registered plus an additional fee of $1.
(20) In addition to any
other fees charged for registration of vehicles in fleets under ORS 805.120,
the department may charge the following fees:
(a) A $2 service charge
for each vehicle entered into a fleet.
(b) A $1 service charge
for each vehicle in the fleet at the time of renewal.
(21) The registration
fee for vehicles with special registration for disabled veterans under ORS
805.100 is a fee of $15.
(22) Subject to
subsection (19) of this section, the registration fee for motor vehicles
registered as farm vehicles under ORS 805.300 is as follows based upon the
registration weight given in the declaration of weight submitted under ORS
803.435:
______________________________________________________________________________
Weight in Pounds Fee
8,000 or less $ 27
8,001 to 10,000 30
10,001 to 12,000 35
12,001 to 14,000 45
14,001 to 16,000 50
16,001 to 18,000 60
18,001 to 20,000 65
20,001 to 22,000 75
22,001 to 24,000 80
24,001 to 26,000 90
26,001 to 28,000 95
28,001 to 30,000 105
30,001 to 32,000 110
32,001 to 34,000 120
34,001 to 36,000 125
36,001 to 38,000 135
38,001 to 40,000 140
40,001 to 42,000 150
42,001 to 44,000 155
44,001 to 46,000 165
46,001 to 48,000 170
48,001 to 50,000 180
50,001 to 52,000 185
52,001 to 54,000 190
54,001 to 56,000 200
56,001 to 58,000 210
58,001 to 60,000 215
60,001 to 62,000 220
62,001 to 64,000 230
64,001 to 66,000 240
66,001 to 68,000 245
68,001 to 70,000 250
70,001 to 72,000 260
72,001 to 74,000 265
74,001 to 76,000 275
76,001 to 78,000 280
78,001 to 80,000 290
80,001 to 82,000 295
82,001 to 84,000 305
84,001 to 86,000 310
86,001 to 88,000 320
88,001 to 90,000 325
90,001 to 92,000 335
92,001 to 94,000 340
94,001 to 96,000 350
96,001 to 98,000 355
98,001 to 100,000 365
100,001 to 102,000 370
102,001 to 104,000 380
104,001 to 105,500 385
______________________________________________________________________________
(23) The registration
fee for school vehicles registered under ORS 805.050 is $7.50.
(24) The registration
fee for a low-speed vehicle is $54.
(25) A rental or leasing
company, as defined in ORS 221.275, that elects to initially register a vehicle
for an annual or biennial registration period shall pay a fee of $1 in addition
to the vehicle registration fee provided under this section.
(26) Racing activity
vehicles registered under section 3a of this 2007 Act, $81.
SECTION 3e. 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
(4) A vehicle is exempt
from registration if it is not operated on the highways of this state.
(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. A trailer for hire, travel trailer or camper is not exempt by
this subsection.
(6) Vehicles owned and
operated by the United States Government are exempt from registration.
(7) Snowmobiles are
subject to the requirements for registration provided under ORS 821.080 to
821.110.
(8) Implements of
husbandry, well drilling machinery, emergency fire apparatus providing public
fire protection and invalid chairs are exempt from registration.
(9) Road graders, 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.
(10) 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.
(11) 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.
(12) 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.
(13) Golf cart
exemptions from registration are as provided in ORS 820.210.
(14) 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) 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 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
(15) Vehicles operated
or used by vehicle dealers may be operated or used without registration as
provided under ORS 822.040.
(16) Vehicles towed by
towing businesses may be towed without registration as provided under ORS
822.210.
(17) Vehicles without
registration may be transported by vehicle transporters as provided under ORS
822.310.
(18) 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.
(19) 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.
(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
registration.
(21) Tow dollies and
converter dollies are exempt from registration.
(22) Class I and Class III all-terrain vehicles are exempt from
registration.
(23) Motor assisted
scooters are exempt from registration.
(24) Electric personal
assistive mobility devices are exempt from registration.
(25) A racing
activity vehicle that is being operated for the purposes of a test drive within
a 30-mile radius of the location where the vehicle is manufactured is exempt
from registration.
SECTION 4. ORS 803.045 is amended to read:
803.045. (1) The
Department of Transportation shall issue title for a vehicle if the applicant
and the vehicle meet the following qualifications:
(a) The applicant must
satisfy the department that the applicant is the owner of the vehicle and is
otherwise entitled to have title issued in the applicant’s name.
(b) Except as otherwise
provided in ORS 803.050 (2), the applicant must submit a completed and signed
application for title described in ORS 803.050.
(c) The applicant must
pay the fee for issuance of a certificate of title under ORS 803.090 or the fee
for issuance of title in another form, as established by the department by rule
in accordance with ORS 803.012.
(d) If the vehicle is a
reconstructed vehicle or an assembled vehicle, the applicant must provide the
following information in addition to any other information required under this
section:
(A) The certificate of
title last issued for the frame of the vehicle, a salvage title certificate
issued for the vehicle or other evidence of ownership satisfactory to the
department.
(B) Bills of sale for
major components used to build the vehicle.
(e) If the vehicle is
covered by an Oregon title or salvage title certificate, the applicant shall surrender
the Oregon title or salvage title certificate, submit an application as
provided under ORS 803.065 or submit other evidence of ownership satisfactory
to the department.
(f) Unless the
department adopts rules to the contrary, if the vehicle is from another
jurisdiction, the applicant shall surrender to the department with the
application the certificate of title issued by the other jurisdiction, if such
jurisdiction requires certificates of title. If such jurisdiction does not
require certificates of title, then the applicant shall surrender the
registration cards.
(g) If required by the
department, the applicant must submit proof of ownership as described under ORS
803.205.
(h) Other than a
racing activity vehicle as defined in section 2 of this 2007 Act, if the
department has reason to believe a vehicle was not certified by the original
manufacturer as conforming to federal vehicle standards, the department may
require the applicant to provide proof satisfactory to the department that the
vehicle conforms to federal vehicle standards.
(i) Unless the vehicle
is exempted from odometer disclosure requirements, the applicant shall submit
an appropriate odometer disclosure form. The department shall determine what
constitutes an appropriate form in any particular situation. The department may
make exceptions by rule to the requirement for submission of an odometer
disclosure form.
(2)(a) The department
may not issue title for a vehicle:
(A) Required by ORS
803.210 to be inspected unless the vehicle has been inspected as described in
ORS 803.212 and the inspection fee paid under ORS 803.215.
(B) If the current
vehicle title, certificate or ownership document is a junk title, junk
certificate or similar ownership document issued by another jurisdiction, or
has a junk or similar brand or notation.
(b) The department may
adopt any rules it considers necessary for the administration of this
subsection.
SECTION 5. ORS 803.210 is amended to read:
803.210. (1) The
Department of Transportation shall not issue title for a vehicle described in
subsection (2) of this section unless:
(a) An inspection of the
vehicle identification number or numbers of the vehicle is performed in
accordance with ORS 803.212; and
(b) The fee established
under ORS 803.215 is paid to the department for the inspection.
(2) Except as provided
in subsection (3) of this section, the requirements of this section apply to
all of the following:
(a) A vehicle from
another jurisdiction.
(b) Any assembled or
reconstructed vehicle.
(c) Any vehicle if the
certificate of title has been or is required to be submitted to the department,
or a person is required to report to the department, under ORS 819.010,
819.012, 819.014 or 819.030.
(d) Any vehicle if the
department has received notice that the vehicle has been or will be wrecked,
dismantled, disassembled or substantially altered under ORS 819.010 or 822.135.
(e) Replicas.
(f) Other than a
racing activity vehicle as defined in section 2 of this 2007 Act, any
vehicle the department has reason to believe was not certified by the original
manufacturer as conforming to federal vehicle standards.
(3) The requirements of
this section do not apply to the following vehicles if the person shown as the
owner on an out-of-state title for the vehicle applies for an
(a) A rental truck,
rental truck tractor or rental trailer that is registered in
(b) A trailer or
semitrailer that has permanent registration.
SECTION 6. ORS 803.212 is amended to read:
803.212. (1) The
Department of Transportation, or persons or agencies authorized to do so by the
department, shall conduct a physical inspection of the vehicle identification
number or numbers of each vehicle located in this state and required by
ORS 803.210 to be inspected. The department may designate certified dealers to
perform the inspection and may enter into agreements with the Oregon State
Police or other law enforcement agencies of this state to perform inspections.
The inspection shall determine whether the vehicle identification number or
numbers match those on the records of the department, on the title or primary
ownership record or contained in other information received by the department.
(2) If a vehicle that is
required by ORS 803.210 to be inspected is located in another jurisdiction, the
department may designate a person or agency in such jurisdiction to perform the
physical inspection and may waive the inspection fee.
(3) Except as provided
in subsection (4) of this section, the department shall check the vehicle
identification number or numbers of all vehicles required by ORS 803.210 to be
inspected against those listed as stolen at the
(a) Shall immediately
notify the Oregon State Police or, if the department determines it would be
appropriate to do so, notify another law enforcement agency; and
(b) Shall not issue
title within 30 days of giving the notice required by paragraph (a) of this
subsection unless the department is notified before the end of the 30 days that
the vehicle is not stolen. After the passage of the 30-day period, the
department may issue the title.
(4) The department may
refer a vehicle to the Oregon State Police or other appropriate law enforcement
agency for a vehicle identification number or product identification number
inspection if:
(a) Inspection of the
vehicle under this section reveals that the vehicle identification number or
product identification number on the vehicle is different from the number
provided to the department or appears to have been tampered with, altered or defaced;
or
(b) The vehicle is a
reconstructed or assembled vehicle or has been reported destroyed or totaled
under ORS 819.012, 819.014 or 819.030 or is any other salvaged vehicle from
another jurisdiction. This subsection does not apply to a vehicle that has been
reported totaled to the department because of theft and has subsequently been
recovered.
(5) If the department
refers a vehicle to a law enforcement agency under subsection (4) of this
section, the law enforcement agency shall inspect the vehicle. If the law
enforcement agency determines that there is reason to believe that the
identification number of the vehicle has been tampered with, altered or forged
or that the vehicle is stolen, the law enforcement agency may seize the vehicle
and may hold the vehicle until completing an investigation to establish the
origin and ownership of the vehicle. The department shall reimburse the
Department of State Police, and may reimburse any other law enforcement agency,
for any inspections conducted under this subsection in an amount agreed upon by
the department and the Department of State Police or other law enforcement
agency.
SECTION 7. ORS 815.300 is amended to read:
815.300. This section
establishes exemptions from the requirements under ORS 815.295 to be equipped
with a certified pollution control system. Exemptions established by this
section are in addition to any exemptions established by ORS 801.026. The
exemptions established in this section are also applicable to requirements for
certification of pollution control equipment before registration under ORS
803.350 and 803.465. All of the following vehicles are exempt from the
requirements under ORS 815.295:
(1) Any vehicle that is
not a motor vehicle.
(2) Any vehicle unless
the vehicle is registered within:
(a) The boundaries of
the metropolitan service district formed under ORS chapter 268 for the
metropolitan area, as defined in ORS 268.020, which includes the City of
Portland, Oregon.
(b) Boundaries
designated by the Environmental Quality Commission under ORS 468A.390.
(3) Any new motor
vehicle or new motor vehicle engine when the registration results from the
initial retail sale thereof.
(4) Any motor vehicle:
(a) Not registered in
areas designated under subsection (2)(a) of this
section, including any expansion of such boundary under subsection (2)(b) of
this section, with a model year that predates by more than 20 years the year in
which registration or renewal of registration is required; or
(b) Registered in areas
designated under subsection (2)(a) of this section,
including any expansion of such boundary under subsection (2)(b) of this
section, with a model year of 1974 or earlier.
(5) Motor vehicles that
are registered as farm vehicles under ORS 805.300 or apportioned farm vehicles
under ORS 805.300.
(6) Special interest
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.
(7) Fixed load vehicles.
(8) Vehicles that are
proportionally registered under ORS 826.009 and 826.011 in accordance with
agreements established under ORS 826.007.
(9) Electric motor
vehicles. This subsection does not exempt hybrid motor vehicles that use
electricity and another source of motive power.
(10) First response
rescue units operated by political subdivisions of this state that are not used
to transport persons suffering from illness, injury or disability.
(11) A vehicle that is
currently registered in
(12) Golf carts.
(13) Any Class I, Class
II or Class III all-terrain vehicle.
(14) An original
equipment manufacturer vehicle that is engineered, designed, produced and
warranted to use natural gas as its only fuel source.
(15) Racing activity
vehicles.
SECTION 8. ORS 468A.350 is amended to read:
468A.350. As used in ORS 468A.350 to 468A.400:
(1) “Certified system”
means a motor vehicle pollution control system for which a certificate of
approval has been issued under ORS 468A.365 (3).
(2) “Factory-installed
system” means a motor vehicle pollution control system installed by the
manufacturer which meets criteria for emission of pollutants in effect under
federal laws and regulations applicable on September 9, 1971, or which meets
criteria adopted pursuant to ORS 468A.365 (1), whichever criteria are stricter.
(3) “Motor vehicle”
includes any self-propelled vehicle used for transporting persons or
commodities on public roads and highways[,] but does not include a vehicle of
special interest as that term is defined in ORS 801.605, if the vehicle is
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, or a racing activity vehicle as defined in section 2 of
this 2007 Act.
(4) “Motor vehicle
pollution control system” means equipment designed for installation on a motor
vehicle for the purpose of reducing the pollutants emitted from the vehicle, or
a system or engine adjustment or modification which causes a reduction of
pollutants emitted from the vehicle.
SECTION 9. 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 ORS 815.107.
(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.
(d) Racing activity
vehicles are not subject to this section.
(4) The offense
described under this section, selling vehicles or equipment that violates state
equipment administrative rules, is a Class D traffic violation.
SECTION 10. 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 ORS 815.107.
(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.
(5) Racing activity
vehicles are exempt from ORS 815.030 and 815.100.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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