ORS Chapter 821

Chapter 821 — Off-RoadVehicles; Snowmobiles; All-Terrain Vehicles

 

2009 EDITION

 

 

OFF-ROAD,SNOWMOBILES, ALL-TERRAIN VEHICLES

 

OREGONVEHICLE CODE

 

OFF-ROADVEHICLES

 

821.010     Exemptionsfrom equipment requirements for off-road vehicles

 

821.020     Applicabilityof off-road vehicle exemption from general equipment requirements

 

821.030     Equipmentstandards for off-road vehicles

 

821.040     Operationof off-road vehicle without required equipment; penalty

 

SNOWMOBILESAND ALL-TERRAIN VEHICLES

 

(Generally)

 

821.050     Limitson authority of local governments; disposition of fees for snowmobiles

 

821.055     Operationof all-terrain vehicles on certain highways

 

(Titlefor Snowmobiles)

 

821.060     Issuance;application; rules; fees

 

821.070     Failureto title; exemptions; penalty

 

(Registrationfor Snowmobiles)

 

821.080     Issuance;qualifications; duration; certificate; rules

 

821.090     Exemptionsfrom snowmobile registration requirements

 

821.100     Operationof unregistered snowmobile; penalty

 

821.110     Failureto renew snowmobile registration; penalty

 

821.120     Failureto properly display snowmobile registration numbers; penalty

 

(Permits)

 

821.130     Out-of-statesnowmobile permit; qualifications; duration; application; fees

 

821.140     Failureto carry out-of-state snowmobile permit; penalty

 

821.142     Failureto carry out-of-state all-terrain vehicle permit

 

(DrivingPrivileges)

 

821.150     Operationof snowmobile without driving privileges; civil liability; penalty

 

821.160     Snowmobileoperator permit; issuance; rules for safety education course

 

821.165     Landfunded for all-terrain vehicle use from All-Terrain Vehicle Account

 

821.170     Operationof Class I all-terrain vehicle without driving privileges; exemptions; penalty

 

821.172     Operationof Class III all-terrain vehicle without driving privileges; exemptions;penalty

 

821.174     Prohibitionon operating Class I or Class III all-terrain vehicle while driving privilegessuspended

 

(Offenses)

 

821.190     Unlawfuloperation of snowmobile or all-terrain vehicle on highway or railroad; civilliability; penalty

 

821.191     Operationof Class I or Class II all-terrain vehicle on highway; unlawful operation ofClass I or Class II all-terrain vehicle used for agricultural purposes; penalty

 

821.192     Operatingall-terrain vehicle in violation of posted restrictions

 

821.195     Operationof all-terrain vehicle without permit and decal; exemption; penalty

 

821.200     Exemptionsfrom general prohibition on operating on highway or railroad

 

821.202     Failureof Class I, Class II or Class III all-terrain vehicle rider to wear motorcyclehelmet; penalty

 

821.203     EndangeringClass I, Class II or Class III all-terrain vehicle operator or passenger;penalty

 

821.204     Issuanceof citations for violation of ORS 821.202 or 821.203

 

821.210     Operatingimproperly equipped snowmobile; civil liability; penalty

 

821.220     Operatingimproperly equipped all-terrain vehicle; civil liability; penalty

 

821.230     Operatingall-terrain vehicle without proper lighting equipment; penalty

 

821.240     Operatingsnowmobile or all-terrain vehicle while carrying firearm or bow; penalty

 

821.250     Permittingdangerous operation of snowmobile or all-terrain vehicle; civil liability;penalty

 

821.260     Huntingor harassing animals from snowmobile or all-terrain vehicle; civil liability;penalty

 

821.280     Committingunlawful damage with snowmobile, Class I or Class II all-terrain vehicle; civilliability; penalty

 

821.285     Committingunlawful damage with Class III all-terrain vehicle; civil liability; penalty

 

821.290     Dangerousoperation of snowmobile or all-terrain vehicle; civil liability; penalty

 

821.291     EndangeringClass I all-terrain vehicle operator; exemptions; penalty

 

821.292     EndangeringClass III all-terrain vehicle operator; exemptions; penalty

 

821.295     OperatingClass II or Class III all-terrain vehicle in prohibited snow area; exemptions;penalty

 

(CivilLiability)

 

821.310     Trebledamages for damage to property

 

(Fees)

 

821.320     Snowmobileregistration and permit fees

 

OFF-ROADVEHICLES

 

      821.010Exemptions from equipment requirements for off-road vehicles. (1) Any motorvehicle designed for or capable of cross-country travel on or immediately overland, water, sand, snow, ice, marsh, swampland or other natural terrain isexempt from the sections governing vehicle equipment described in this sectionif the vehicle:

      (a)Is operated in an area described under ORS 821.020; and

      (b)Complies with the equipment requirements under ORS 821.040.

      (2)The exemption under this section is an exemption from the prohibitions underall of the following paragraphs:

      (a)Nonstandard lighting equipment under ORS 816.300.

      (b)Required lighting equipment under ORS 816.330.

      (c)Prohibited lighting equipment under ORS 816.360.

      (d)Violation of state equipment administrative rules under ORS 815.100.

      (e)Slow-moving vehicle emblem requirements under ORS 815.115.

      (f)Mudguard and fender requirements under ORS 815.185.

      (g)Visible emission limits under ORS 815.200.

      (h)Requirements for window materials under ORS 815.040.

      (i)Obstruction of windows under ORS 815.220.

      (j)Limits on sound equipment under ORS 815.225.

      (k)Sound equipment requirements under ORS 815.230.

      (L)Rearview mirror requirements under ORS 815.235.

      (m)Limits on image display device use under ORS 815.240.

      (n)Exhaust system requirements under ORS 815.250.

      (o)Speedometer requirements under ORS 815.255.

      (p)Disposal system requirements under ORS 815.260.

      (q)Helmet requirements under ORS 814.260 to 814.280. [1983 c.338 §710; 1999 c.565 §3;2005 c.572 §4]

 

      821.020Applicability of off-road vehicle exemption from general equipment requirements. (1) Thissection establishes the areas where the exemption from equipment requirementsfor off-road vehicles described under ORS 821.010 is applicable. The exemptionapplies to any land, road or place within the State of Oregon that meets thedescription in subsection (2) of this section and that is not posted as closedto off-road use.

      (2)The exemption applies to each of the following lands, roads and places:

      (a)Lands that are open to the public.

      (b)Roads, other than two-lane gravel roads, that are open to the public.

      (c)Paved parking lots adjacent to or on designated off-road vehicle areas, trailsand routes that are open to the public.

      (d)Any local two-lane gravel road that is open to the public and that is designatedby the road authority with jurisdiction over the road as open to off-roadvehicles that are described in ORS 821.010. [1983 c.338 §711; 1999 c.565 §4]

 

      821.030Equipment standards for off-road vehicles. For purposes of the equipmentrequirements for off-road vehicles under ORS 821.040, the following agenciesmay establish the described equipment requirements for vehicles:

      (1)The Director of Transportation may adopt rules to do the following:

      (a)Establish the type of brakes an off-road vehicle must be equipped with to be incompliance with ORS 821.040.

      (b)Establish the type of flag that must be used under ORS 821.040 on an off-roadvehicle when it is operated on sand.

      (c)Require other safety equipment that must be used by off-road vehicles in orderto comply with ORS 821.040.

      (2)The Environmental Quality Commission may adopt standards for noise emissions ofmufflers that are required for off-road vehicles for compliance with ORS821.040. [1983 c.338 §445; 1985 c.16 §234]

 

      821.040Operation of off-road vehicle without required equipment; penalty. (1) A personcommits the offense of operation of an off-road vehicle without requiredequipment if the person is operating a vehicle described in ORS 821.010 in anarea described in ORS 821.020 and the vehicle is not equipped in compliancewith all of the following:

      (a)The vehicle must be equipped with a muffler that meets the standards for noiseemissions established under ORS 821.030.

      (b)The vehicle must be equipped with brakes that meet the requirements establishedunder ORS 821.030.

      (c)The vehicle must be equipped with a windshield wiper if the vehicle is equippedwith a windshield.

      (d)When the vehicle is operated on sand, the vehicle must be equipped with a flagthat meets the requirements established under ORS 821.030.

      (e)The vehicle must be equipped with any safety equipment required under ORS821.030.

      (f)At any time from one-half hour after sunset to one-half hour after sunrise, thevehicle must be equipped with and display headlights and taillights.

      (2)Motorcycles and mopeds are not required by this section to be equipped withwindshield wipers.

      (3)The offense described in this section, operation of off-road vehicle withoutrequired equipment, is a Class C traffic violation. [1983 c.338 §712; 1985c.393 §40; 2001 c.669 §9]

 

SNOWMOBILESAND ALL-TERRAIN VEHICLES

 

(Generally)

 

      821.050Limits on authority of local governments; disposition of fees for snowmobiles. (1) Limits onthe authority of cities, counties or other political subdivisions of this stateor any state agency are as imposed under ORS 801.040.

      (2)Fees collected by the Department of Transportation in the regulation ofsnowmobiles shall be used as provided in ORS 802.110 and 802.120. [1983 c.338 §713;1985 c.459 §4a; 1989 c.991 §28; 1999 c.977 §23]

 

      821.055Operation of all-terrain vehicles on certain highways. NotwithstandingORS 821.020, or any law requiring that vehicles be equipped in specified waysin order to operate on highways, Class I, Class II and Class III all-terrainvehicles may operate on any highway in this state that is open to the publicand is not maintained for passenger car traffic. [1995 c.775 §8]

 

(Titlefor Snowmobiles)

 

      821.060Issuance; application; rules; fees. (1) The Department of Transportation shallprovide for the issuance of titles for snowmobiles required to be titled underORS 821.070. The following provisions relating to titling shall be the same forsnowmobiles as for other vehicles:

      (a)Fee for issuance.

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

      (c)Information required to be placed on a title, except where the departmentdetermines 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 underthe vehicle code and that the department determines, by rule, to be necessaryto assure that the titling of snowmobiles is administered in the same mannerand 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 shall be made in the mannerand in a form prescribed by the department. The department may require anyinformation in the application the department determines is reasonablynecessary to determine ownership or right to title for a snowmobile. Thedepartment may provide for application for title separately from or withapplication for snowmobile registration or in any way the department determinesappropriate.

      (3)Dealers issued certificates under ORS 822.020 who sell snowmobiles shall acceptapplication and fees for title of a snowmobile from each purchaser of a new orused snowmobile in a manner required by the department. [1985 c.16 §344; 1985c.459 §5; 1987 c.261 §3; 1989 c.991 §6; 1991 c.873 §43; 1993 c.233 §69; 1993c.751 §79; 1995 c.774 §15; 1997 c.249 §236; 1999 c.977 §26]

 

      821.070Failure to title; exemptions; penalty. (1) A person commits the offense offailure to title a snowmobile if the person is the owner of a snowmobile thatis in this state or is operating a snowmobile at any place in this state andthe snowmobile has not been issued a title as provided under ORS 821.060.

      (2)The requirement to title a snowmobile under this section does not apply if thesnowmobile is any of the following:

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

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

      (c)Exempted from registration requirements by ORS 821.090.

      (d)A new snowmobile that is in the possession of a dealer for purposes of sale ordisplay.

      (3)The offense described in this section, failure to title a snowmobile, is aClass D traffic violation. [1985 c.16 §346; 1985 c.459 §6; 1989 c.991 §7; 1995c.383 §105; 1995 c.774 §16; 1999 c.977 §27]

 

(Registrationfor Snowmobiles)

 

      821.080Issuance; qualifications