Post by Wyldcomfort on Apr 6, 2007 17:08:15 GMT -5
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 101
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Governor Theodore R. Kulongoski for State Parks and Recreation Department)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.
Requires Class I and Class III all-terrain vehicle operators to have an all-terrain vehicle operator permit when operating vehicle on public lands.
Creates offense of endangering Class I all-terrain vehicle operator. Punishes violation by maximum fine of $180.
A BILL FOR AN ACT
Relating to all-terrain vehicles; creating new provisions; and amending ORS 821.170, 821.172, 821.200 and 821.292.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 821.170 is amended to read:
821.170. (1) A person 16 years of age or older 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 hold a valid all-terrain vehicle operator permit issued under ORS 390.570. “Public lands”, for purposes of ORS 821.010 – 821.320, means lands in ownership by federal, state, county, local, or other governments or land in private ownership that is open to the public as the result of funding through the ATV Grant Account as defined in ORS 390.550 - 390.590.”
(2) A person under 16 years of age 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 all the following conditions:
(a) The person operating the vehicle must be accompanied by a person who is at least 18 years of age, who has a valid all-terrain vehicle operator permit issued under ORS 390.570 and who is within sight with the unaided eye and who is able to provide immediate assistance and direction to the youth operator.
(b) The person operating the vehicle must hold a valid all-terrain vehicle operator permit issued under ORS 390.570.
(c) The Class I all-terrain operator must meet Rider Fit Guidelines established by rule by the Oregon Department of Parks and Recreation.
(3) A person under 16 years of age may not operate a Class I all-terrain vehicle on a designated snowmobile trail under snow conditions unless the person holds a valid all-terrain vehicle operator permit issued under ORS 390.570.
(4) The offense described in this section, operation of Class I all-terrain vehicle without driving privileges, is a Class C traffic violation.
SECTION 2. ORS 821.172 is amended to read:
821.172. (1) A person 16 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 hold a valid all-terrain vehicle operator permit issued under ORS 390.575.
(2) A person under 16 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 all the following conditions:
(a) The person operating the vehicle must be accompanied by a person who is at least 18 years of age, who has a valid all-terrain vehicle operator permit issued under ORS 390.575 and who is within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator.
(b) (b) The person operating the vehicle must hold a valid all-terrain vehicle operator permit issued under ORS 390.575.
(3) A person under seven years of age may not operate 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 violation.
SECTION 3. ORS 821.200 is amended to read:
821.200. This section establishes exemptions from the limitations placed on the use of snowmobiles and all-terrain vehicles under ORS 821.190. The prohibitions and penalties under ORS 821.190 do not apply when a snowmobile or all-terrain vehicle that qualifies for the exemption from equipment requirements under ORS 821.010 is being operated as described under any of the following:
(1) A person may lawfully cross a highway or railroad right of way while operating a snowmobile or all-terrain vehicle if the person complies with all of the following:
(a) The crossing must be made at an angle of approximately 90 degrees to the direction of the highway or railroad right of way.
(b) The crossing must be made at a place where no obstruction prevents a quick and safe crossing.
(c) The vehicle must be brought to a complete stop before entering the highway or railroad right of way.
(d) The operator of the vehicle must yield the right of way to vehicles using the highway or equipment using the railroad tracks.
(e) The crossing of a railroad right of way must be made at an established public railroad crossing.
(f) The crossing of a highway must be made at a place that is more than 100 feet from any highway intersection.
(g) If the operator of a snowmobile is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger or as the operator of another snowmobile that is in proximity to the younger operator.
(h) If the operator of a Class I all-terrain vehicle is under 16 years of age, a person who is 18 years of age or older must be within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator.
(2) A snowmobile or all-terrain vehicle may be lawfully operated upon a highway under any of the following circumstances:
(a) Where the highway is completely covered with snow or ice and has been closed to motor vehicle traffic during winter months.
(b) For purposes of loading or unloading when such operation is performed with safety and without causing a hazard to vehicular traffic approaching from either direction on the highway.
(c) Where the highway is posted to permit snowmobiles or all-terrain vehicles.
(d) In an emergency during the period of time when and at locations where snow upon the highway renders travel by automobile impractical.
(e) When traveling along a designated snowmobile or all-terrain vehicle trail.
(3) It shall be lawful to operate a snowmobile or all-terrain vehicle upon a railroad right of way under any of the following circumstances:
(a) Where the right of way is posted to permit the operation.
(b) In an emergency.
(c) When the snowmobile or all-terrain vehicle is operated by an officer or employee or authorized contractor or agent of a railroad.
SECTION 4. 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] 16 years of age and the child operates a Class III all-terrain vehicle on public lands and:
(a) Does not have a all-terrain vehicle operator permit issued under ORS 390.575; and
(c) Is not accompanied by a person who is at least 18 years of age and holds a valid all-terrain vehicle operator permit issued under ORS 390.575 and who is within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator.
(d) (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 violation.
SECTION 5. (1) A person commits the offense of endangering a Class I 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 under 16 years of age and the child operates a Class I all-terrain vehicle on public lands and:
(a) Does not have an all-terrain vehicle operator permit issued under ORS 390.570; and
(b) Is not accompanied by a person who is at least 18 years of age and holds a valid all-terrain vehicle operator permit issued under ORS 390.570 and is within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator
(c) Does not meet the Rider Fit Guidelines as established by rule by the Oregon Department of Parks and Recreation.
(2) The offense described in this section, endangering a Class I all-terrain vehicle operator, is a Class C traffic violation.
Senate Bill 101
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Governor Theodore R. Kulongoski for State Parks and Recreation Department)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.
Requires Class I and Class III all-terrain vehicle operators to have an all-terrain vehicle operator permit when operating vehicle on public lands.
Creates offense of endangering Class I all-terrain vehicle operator. Punishes violation by maximum fine of $180.
A BILL FOR AN ACT
Relating to all-terrain vehicles; creating new provisions; and amending ORS 821.170, 821.172, 821.200 and 821.292.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 821.170 is amended to read:
821.170. (1) A person 16 years of age or older 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 hold a valid all-terrain vehicle operator permit issued under ORS 390.570. “Public lands”, for purposes of ORS 821.010 – 821.320, means lands in ownership by federal, state, county, local, or other governments or land in private ownership that is open to the public as the result of funding through the ATV Grant Account as defined in ORS 390.550 - 390.590.”
(2) A person under 16 years of age 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 all the following conditions:
(a) The person operating the vehicle must be accompanied by a person who is at least 18 years of age, who has a valid all-terrain vehicle operator permit issued under ORS 390.570 and who is within sight with the unaided eye and who is able to provide immediate assistance and direction to the youth operator.
(b) The person operating the vehicle must hold a valid all-terrain vehicle operator permit issued under ORS 390.570.
(c) The Class I all-terrain operator must meet Rider Fit Guidelines established by rule by the Oregon Department of Parks and Recreation.
(3) A person under 16 years of age may not operate a Class I all-terrain vehicle on a designated snowmobile trail under snow conditions unless the person holds a valid all-terrain vehicle operator permit issued under ORS 390.570.
(4) The offense described in this section, operation of Class I all-terrain vehicle without driving privileges, is a Class C traffic violation.
SECTION 2. ORS 821.172 is amended to read:
821.172. (1) A person 16 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 hold a valid all-terrain vehicle operator permit issued under ORS 390.575.
(2) A person under 16 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 all the following conditions:
(a) The person operating the vehicle must be accompanied by a person who is at least 18 years of age, who has a valid all-terrain vehicle operator permit issued under ORS 390.575 and who is within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator.
(b) (b) The person operating the vehicle must hold a valid all-terrain vehicle operator permit issued under ORS 390.575.
(3) A person under seven years of age may not operate 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 violation.
SECTION 3. ORS 821.200 is amended to read:
821.200. This section establishes exemptions from the limitations placed on the use of snowmobiles and all-terrain vehicles under ORS 821.190. The prohibitions and penalties under ORS 821.190 do not apply when a snowmobile or all-terrain vehicle that qualifies for the exemption from equipment requirements under ORS 821.010 is being operated as described under any of the following:
(1) A person may lawfully cross a highway or railroad right of way while operating a snowmobile or all-terrain vehicle if the person complies with all of the following:
(a) The crossing must be made at an angle of approximately 90 degrees to the direction of the highway or railroad right of way.
(b) The crossing must be made at a place where no obstruction prevents a quick and safe crossing.
(c) The vehicle must be brought to a complete stop before entering the highway or railroad right of way.
(d) The operator of the vehicle must yield the right of way to vehicles using the highway or equipment using the railroad tracks.
(e) The crossing of a railroad right of way must be made at an established public railroad crossing.
(f) The crossing of a highway must be made at a place that is more than 100 feet from any highway intersection.
(g) If the operator of a snowmobile is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger or as the operator of another snowmobile that is in proximity to the younger operator.
(h) If the operator of a Class I all-terrain vehicle is under 16 years of age, a person who is 18 years of age or older must be within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator.
(2) A snowmobile or all-terrain vehicle may be lawfully operated upon a highway under any of the following circumstances:
(a) Where the highway is completely covered with snow or ice and has been closed to motor vehicle traffic during winter months.
(b) For purposes of loading or unloading when such operation is performed with safety and without causing a hazard to vehicular traffic approaching from either direction on the highway.
(c) Where the highway is posted to permit snowmobiles or all-terrain vehicles.
(d) In an emergency during the period of time when and at locations where snow upon the highway renders travel by automobile impractical.
(e) When traveling along a designated snowmobile or all-terrain vehicle trail.
(3) It shall be lawful to operate a snowmobile or all-terrain vehicle upon a railroad right of way under any of the following circumstances:
(a) Where the right of way is posted to permit the operation.
(b) In an emergency.
(c) When the snowmobile or all-terrain vehicle is operated by an officer or employee or authorized contractor or agent of a railroad.
SECTION 4. 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] 16 years of age and the child operates a Class III all-terrain vehicle on public lands and:
(a) Does not have a all-terrain vehicle operator permit issued under ORS 390.575; and
(c) Is not accompanied by a person who is at least 18 years of age and holds a valid all-terrain vehicle operator permit issued under ORS 390.575 and who is within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator.
(d) (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 violation.
SECTION 5. (1) A person commits the offense of endangering a Class I 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 under 16 years of age and the child operates a Class I all-terrain vehicle on public lands and:
(a) Does not have an all-terrain vehicle operator permit issued under ORS 390.570; and
(b) Is not accompanied by a person who is at least 18 years of age and holds a valid all-terrain vehicle operator permit issued under ORS 390.570 and is within sight with the unaided eye and is able to provide immediate assistance and direction to the youth operator
(c) Does not meet the Rider Fit Guidelines as established by rule by the Oregon Department of Parks and Recreation.
(2) The offense described in this section, endangering a Class I all-terrain vehicle operator, is a Class C traffic violation.