Chapter 815
815.015
ATTY. GEN. OPINIONS
Under former similar statute
Authority of Motor Vehicles Division to adopt motor vehicle inspection program, (1974) Vol 36, p 1107
815.020
NOTES OF DECISIONS
“Endanger” means to pose probable risk of harm or loss. State v. Stookey, 255 Or App 489, 297 P3d 548 (2013)
815.125
NOTES OF DECISIONS
Under former similar statute
If a party is in violation of a motor vehicle equipment statute, he is negligent as a matter of law unless he introduces evidence from which trier of fact could find that party was acting as a reasonably prudent person under the circumstances. Freund v. DeBuse, 264 Or 447, 506 P2d 491 (1973)
Where driver admitted operation of loaded truck with defective brakes in violation of this section, in absence of showing of “legitimate excuse,” driver was negligent as matter of law. Gray v. Lahl, 284 Or 111, 585 P2d 664 (1978)
815.220
NOTES OF DECISIONS
In general
“Material” means something that has physical substance. State v. Elmore, 241 Or App 419, 250 P3d 439 (2011)
Crack in windshield is does not prohibit or impair ability to see in or out of vehicle. State v. Elmore, 241 Or App 419, 250 P3d 439 (2011)
ATTY. GEN. OPINIONS
Under former similar statute
Use of vision-obscuring material, (1980) Vol 40, p 198
815.235
NOTES OF DECISIONS
Under former similar statute (ORS 483.450)
Failure to comply with this section raises a rebuttable presumption of negligence. Cutsforth v. Kinzua Corp., 267 Or 423, 517 P2d 640 (1973)
In general
Rearview-mirror requirement may be satisfied by presence of side-mounted mirror that meets requirements of this section. State v. Lawson, 300 Or App 292, 454 P3d 20 (2019), Sup Ct review denied
815.270
NOTES OF DECISIONS
Cracked windshield on defendant’s vehicle was not “encumbrance” to provide officer, who stopped defendant, with probable cause to believe windshield condition violated this section because violation requires item extrinsic to vehicle rather than intrinsic condition of vehicle to obstruct defendant’s view or operation of vehicle. State v. Anderson, 259 Or App 448, 314 P3d 335 (2013)
815.310
ATTY. GEN. OPINIONS
Under former similar statute
Constitutionality of testing provisions, (1976) Vol 37, p 1153
815.410
See annotations under ORS 646.860 in permanent edition.