820.380 Illegalambulance or emergency vehicle sirens; exemption; penalty
IMPLEMENTSOF HUSBANDRY
820.400 Unlawfuloperation of implement of husbandry; penalty
MANUFACTUREDSTRUCTURES
820.520 Travelor special use trailer assessed as manufactured structure; effect of ceasing tobe used as permanent home
820.570 Violatingtrip permit requirements for manufactured structures; penalty
WORKERTRANSPORT AND OTHER VEHICLES
820.010Vehicles subject to safety regulation; Department of Consumer and Business Servicesjurisdiction; rules.(1) A motor vehicle is subject to safety regulation under ORS 820.030 to820.070, if the vehicle is furnished by an employer and is used to transportone or more workers to and from their places of employment. All of thefollowing apply to this subsection:
(a)The employer must be an individual who employs or uses two or more workers.
(b)The workers employed or transported may be any individuals who are employed forany period in any work for which the workers are compensated, whether full- orpart-time.
(c)The place of employment to and from which the vehicle is used to transportworkers must be a location where one or more workers are actually performingthe labor incident to their employment.
(d)Vehicles may include passenger automobiles and station wagons operated by or onbehalf of employers.
(2)If vehicles described in this section are worker transport buses, the vehiclesmay be subject to additional regulation for the use of bus safety lights underORS 811.520 and 816.300 in addition to safety measures under ORS 811.155.
(3)The Department of Consumer and Business Services has concurrent jurisdictionwith the Department of Transportation in the adoption, under ORS 820.030, ofrules relating to vehicles described in this section and in the enforcement ofthose rules under ORS 820.040 and 820.050 as applied to vehicles described inthis section.
(4)Vehicles described in this section are in addition to any vehicles subjected toregulation under ORS 820.020. [1983 c.338 §738; 1985 c.16 §355]
820.020Vehicles other than worker transport vehicles that are subject to safetyregulation.Vehicles described in this section are subject to safety regulation under ORS820.030 to 820.070 in addition to worker transport vehicles subjected to suchregulation under ORS 820.010. This section applies to every motor vehicle thatis exempt from ORS chapter 825 by ORS 825.017 (9). [1983 c.338 §739; 1989 c.992§23]
820.030Safety code; rules; standards; tentative draft; hearings; notice; amendment. The Departmentof Transportation shall make and enforce reasonable rules relating to vehiclesdescribed under ORS 820.010 and 820.020. Authority for enforcement of the rulesis established under ORS 820.040 to 820.070. The rules shall be embodied in asafety code and the safety code is subject to all of the following:
(1)The safety code shall establish minimum standards for all of the followingaspects of the safety and operation of vehicles described under ORS 820.010 and820.020:
(a)For the construction and mechanical equipment of a motor vehicle, including itscoupling devices, lighting devices and reflectors, motor exhaust system,rear-vision mirrors, service and parking brakes, steering mechanism, tires,warning and signaling devices and windshield wipers.
(b)For the operation of a motor vehicle, including driving rules, loading andcarrying freight and passengers, maximum daily hours of service by drivers,minimum age and skill of drivers, physical condition of drivers, refueling,road warning devices and the transportation of gasoline and explosives.
(c)For the safety of passengers in a motor vehicle, including emergency exits,fire extinguishers, first aid kits, means of ingress and egress, side walls,and a tailgate or other means of retaining freight and passengers within themotor vehicle.
(2)Before formulating a draft of the safety code, the department shall invite theparticipation of interested state agencies and representative business, farm,labor and safety organizations. These groups may make suggestions relating tothe minimum standards to be embodied in the safety code. The department shallconsider the suggestions and prepare a tentative draft of the safety code.
(3)The following apply to hearings on a tentative draft under this section:
(a)Upon the fixing of dates and places for hearings to consider the tentativedraft, the department:
(A)Shall cause notices of the hearings to be published in one or more dailynewspapers of general circulation published and circulated in the City ofPortland and in such other newspapers of general circulation in this state aswill give wide notices of the hearings; and
(B)Shall cause copies of the tentative draft to be widely distributed amongrepresentative business, farm, labor and safety organizations and amonginterested individuals.
(b)Any individuals or groups may participate in the hearings, and submit theircomments and suggestions relating to the minimum standards embodied in thetentative draft.
(4)Notice of the adoption and issuance of the safety code shall be given in thesame manner as notices of the hearings.
(5)The department shall cause copies of the safety code and amendments thereto tobe widely distributed among interested state agencies, among representativebusiness, farm, labor and safety organizations and among interestedindividuals.
(6)The department may amend the safety code at any time upon its own motion orupon complaint by any individual or group, in the same manner as the safetycode was prepared, adopted and distributed under this section.
(7)No defect or inaccuracy in a notice or in the publication thereof shallinvalidate the safety code or any amendment thereto adopted and issued by thedepartment. [1983 c.338 §740; 1985 c.16 §356]
820.040Inspection of vehicles. (1) The Department of Transportation, in enforcingthe safety code established under ORS 820.030, may inspect any vehicle that isdescribed under ORS 820.010 or 820.020.
(2)Upon request, the Superintendent of State Police shall assist the department inthese inspections. [1983 c.338 §741]
820.050Orders regarding noncomplying vehicles or drivers. (1) Wheneverthe Department of Transportation finds that a vehicle described under ORS820.010 or 820.020 violates any provision of the safety code adopted under ORS820.030 or an amendment thereto, the department shall make, enter and serveupon the owner of the vehicle any order necessary to protect the safety ofpersons transported in the vehicle.
(2)The department may direct in an order, as a condition to the continued use ofthe motor vehicle for authorized purposes, that such additions, repairs,improvements or changes be made and such safety devices and safeguards befurnished and used as are reasonably required to satisfy the requirements of thesafety code, in the manner and within the time specified in the order.
(3)The department may also issue to the owner of the vehicle an order to requirethat any driver of the motor vehicle satisfy the minimum standards for a driverunder the safety code established under ORS 820.030.
(4)Any person aggrieved by an order of the department under this section mayappeal under the provisions of ORS 183.480.
(5)Violation of an order issued under this section is subject to penalty asprovided under ORS 820.060. [1983 c.338 §742]
820.060Safety requirement; owner violation of worker transport vehicle safety code;penalty.(1) The following vehicles shall be maintained in a safe condition and operatedin a safe manner at all times:
(a)Vehicles described in ORS 820.010. This paragraph applies whether or not thevehicle is used upon a public highway.
(b)Vehicles described in ORS 820.020.
(2)A person commits the offense of owner violation of the worker transport vehiclesafety code if the person is the owner of a vehicle described under ORS 820.010or 820.020 and the person does any of the following:
(a)Violates or willfully fails to comply with an order issued under ORS 820.050.
(b)Violates any provision of the safety code established under ORS 820.030, or anyamendment thereto.
(3)The offense described in this section, owner violation of worker transportvehicle safety code, is a Class B traffic violation. [1983 c.338 §743; 1985c.393 §50]
820.070Driver violation of worker transport vehicle safety code; penalty. (1) A personcommits the offense of driver violation of worker transport vehicle safety codeif the person, at any time, operates a vehicle described under ORS 820.010 or820.020 in a manner that violates any provision of the safety code establishedunder ORS 820.030 or any amendment thereto.
(2)The offense described in this section, driver violation of worker transportvehicle safety code, is a Class B traffic violation. [1983 c.338 §744; 1985c.393 §51]
SCHOOLVEHICLES
820.100Adoption of safety standards for construction and equipment of school vehicles;rules.(1) The State Board of Education shall adopt and enforce such reasonablestandards relating to school bus and school activity vehicle construction andschool bus and school activity vehicle equipment as the board deems necessaryfor safe and economical operation, except that the board may not authorize theuse of school buses manufactured before April 1, 1977.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under the board’s jurisdiction, except that the board may notauthorize the use of school buses manufactured before April 1, 1977.
(3)The State Board of Education shall adopt and enforce standards for school busstop arms authorized by ORS 820.105.
(4)Rules adopted under this section:
(a)Must be consistent with requirements established by statute or by rule adoptedunder statutory authority that relate to the same subject.
(b)Shall be consistent with minimum uniform national standards, if such standardsexist.
(c)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(d)May include any exemptions determined appropriate under ORS 820.150. [1983c.338 §747; 1985 c.16 §358; 1985 c.420 §12; 1987 c.654 §6; 1989 c.491 §71; 2007c.632 §1]
820.105School bus stop arms.Notwithstanding any other provision of law, school buses may be equipped withan octagonal shaped mechanical stop arm that indicates when the bus is stoppedto load or unload passengers on a roadway. The stop arms authorized by thissection shall be equipped with two alternately flashing red bus safety lightsshowing both to the front and rear of the bus. [1987 c.654 §5]
Note: 820.105 wasadded to and made a part of ORS chapter 820 but was not added to any smallerseries therein by legislative action. See Preface to Oregon Revised Statutesfor further explanation.
820.110Rules for driver qualification and training and accident reports. (1) The StateBoard of Education shall adopt and enforce rules to establish requirements ofoperation, qualifications or special training of drivers and special accidentreports for school buses and school activity vehicles.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under its jurisdiction.
(3)The rules adopted under this section:
(a)Are subject to ORS 820.190 and 820.200 and to any other statute or regulationrelating to the operation of vehicles, qualifications of drivers and accidentreports.
(b)Must be consistent with requirements established by statute or by rule adoptedunder statutory authority that relate to the same subject.
(c)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(d)May include any exemptions determined appropriate under ORS 820.150.
(4)If the Department of Transportation suspends, cancels or revokes any drivingprivileges of a person who holds a school bus endorsement under ORS 807.035(5), the Department of Transportation shall notify the Department of Educationof the suspension, cancellation or revocation. [1983 c.338 §748; 1985 c.16 §359;1985 c.420 §13; 1989 c.491 §72; 2007 c.120 §1]
820.120Rules for school vehicle inspection. (1) The State Board of Education shalladopt and enforce rules to provide for the inspection of school buses andschool activity vehicles to assure that the vehicles are in compliance withrequirements under rules established under ORS 820.100 and 820.110, asapplicable, and that the vehicles are safe for operation. The rules may includeintervals of inspections.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under its jurisdiction.
(3)The rules adopted under this section:
(a)Are subject to any other statute or regulation relating to the safety ofvehicles for operation and the inspection of vehicles.
(b)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(c)May include any exemptions determined appropriate under ORS 820.150. [1983c.338 §749; 1985 c.420 §14; 1989 c.491 §73]
820.130School bus registration. The Department of Transportation shall issueregistration for a school bus when notified that the vehicle conforms toapplicable rules under ORS 820.100 to 820.120 and that the vehicle is safe foroperation on the highways. Notification required by this section shall be from:
(1)The State Board of Education or its authorized representative regarding vehiclesunder its regulatory authority.
(2)The State Board of Higher Education or its authorized representative regardingvehicles under its jurisdiction. [1983 c.338 §752; 1985 c.420 §17; 1999 c.39 §11]
820.140Revocation of registration. The Department of Transportation may revoke theregistration of any school bus if the department determines that the vehicle:
(1)Is not maintained and operated in accordance with rules applicable to thevehicle under ORS 820.100 to 820.120; or
(2)Is not safe for operation over or is not safely operated over the publichighways. [1983 c.338 §753; 1985 c.16 §360; 1985 c.420 §18]
820.150Rules for exemption of certain vehicles from Oregon Vehicle Code. (1) The StateBoard of Education, by rule, may establish classes or types of vehicles thatare not considered school buses or school activity vehicles for purposes of theOregon Vehicle Code or classes of school buses or school activity vehicles thatare not subject to regulation under the Oregon Vehicle Code either partially orcompletely.
(2)The State Board of Higher Education may adopt separate rules of the typedescribed under this section for vehicles that are under its jurisdiction.
(3)Rules adopted under this section are subject to the following:
(a)Any exemption, either partial or total, established under this section may bebased upon passenger capacity, on limited use or on any other basis the StateBoard of Education or the State Board of Higher Education con
820.380 Illegalambulance or emergency vehicle sirens; exemption; penalty
IMPLEMENTSOF HUSBANDRY
820.400 Unlawfuloperation of implement of husbandry; penalty
MANUFACTUREDSTRUCTURES
820.520 Travelor special use trailer assessed as manufactured structure; effect of ceasing tobe used as permanent home
820.570 Violatingtrip permit requirements for manufactured structures; penalty
WORKERTRANSPORT AND OTHER VEHICLES
820.010Vehicles subject to safety regulation; Department of Consumer and Business Servicesjurisdiction; rules.(1) A motor vehicle is subject to safety regulation under ORS 820.030 to820.070, if the vehicle is furnished by an employer and is used to transportone or more workers to and from their places of employment. All of thefollowing apply to this subsection:
(a)The employer must be an individual who employs or uses two or more workers.
(b)The workers employed or transported may be any individuals who are employed forany period in any work for which the workers are compensated, whether full- orpart-time.
(c)The place of employment to and from which the vehicle is used to transportworkers must be a location where one or more workers are actually performingthe labor incident to their employment.
(d)Vehicles may include passenger automobiles and station wagons operated by or onbehalf of employers.
(2)If vehicles described in this section are worker transport buses, the vehiclesmay be subject to additional regulation for the use of bus safety lights underORS 811.520 and 816.300 in addition to safety measures under ORS 811.155.
(3)The Department of Consumer and Business Services has concurrent jurisdictionwith the Department of Transportation in the adoption, under ORS 820.030, ofrules relating to vehicles described in this section and in the enforcement ofthose rules under ORS 820.040 and 820.050 as applied to vehicles described inthis section.
(4)Vehicles described in this section are in addition to any vehicles subjected toregulation under ORS 820.020. [1983 c.338 §738; 1985 c.16 §355]
820.020Vehicles other than worker transport vehicles that are subject to safetyregulation.Vehicles described in this section are subject to safety regulation under ORS820.030 to 820.070 in addition to worker transport vehicles subjected to suchregulation under ORS 820.010. This section applies to every motor vehicle thatis exempt from ORS chapter 825 by ORS 825.017 (9). [1983 c.338 §739; 1989 c.992§23]
820.030Safety code; rules; standards; tentative draft; hearings; notice; amendment. The Departmentof Transportation shall make and enforce reasonable rules relating to vehiclesdescribed under ORS 820.010 and 820.020. Authority for enforcement of the rulesis established under ORS 820.040 to 820.070. The rules shall be embodied in asafety code and the safety code is subject to all of the following:
(1)The safety code shall establish minimum standards for all of the followingaspects of the safety and operation of vehicles described under ORS 820.010 and820.020:
(a)For the construction and mechanical equipment of a motor vehicle, including itscoupling devices, lighting devices and reflectors, motor exhaust system,rear-vision mirrors, service and parking brakes, steering mechanism, tires,warning and signaling devices and windshield wipers.
(b)For the operation of a motor vehicle, including driving rules, loading andcarrying freight and passengers, maximum daily hours of service by drivers,minimum age and skill of drivers, physical condition of drivers, refueling,road warning devices and the transportation of gasoline and explosives.
(c)For the safety of passengers in a motor vehicle, including emergency exits,fire extinguishers, first aid kits, means of ingress and egress, side walls,and a tailgate or other means of retaining freight and passengers within themotor vehicle.
(2)Before formulating a draft of the safety code, the department shall invite theparticipation of interested state agencies and representative business, farm,labor and safety organizations. These groups may make suggestions relating tothe minimum standards to be embodied in the safety code. The department shallconsider the suggestions and prepare a tentative draft of the safety code.
(3)The following apply to hearings on a tentative draft under this section:
(a)Upon the fixing of dates and places for hearings to consider the tentativedraft, the department:
(A)Shall cause notices of the hearings to be published in one or more dailynewspapers of general circulation published and circulated in the City ofPortland and in such other newspapers of general circulation in this state aswill give wide notices of the hearings; and
(B)Shall cause copies of the tentative draft to be widely distributed amongrepresentative business, farm, labor and safety organizations and amonginterested individuals.
(b)Any individuals or groups may participate in the hearings, and submit theircomments and suggestions relating to the minimum standards embodied in thetentative draft.
(4)Notice of the adoption and issuance of the safety code shall be given in thesame manner as notices of the hearings.
(5)The department shall cause copies of the safety code and amendments thereto tobe widely distributed among interested state agencies, among representativebusiness, farm, labor and safety organizations and among interestedindividuals.
(6)The department may amend the safety code at any time upon its own motion orupon complaint by any individual or group, in the same manner as the safetycode was prepared, adopted and distributed under this section.
(7)No defect or inaccuracy in a notice or in the publication thereof shallinvalidate the safety code or any amendment thereto adopted and issued by thedepartment. [1983 c.338 §740; 1985 c.16 §356]
820.040Inspection of vehicles. (1) The Department of Transportation, in enforcingthe safety code established under ORS 820.030, may inspect any vehicle that isdescribed under ORS 820.010 or 820.020.
(2)Upon request, the Superintendent of State Police shall assist the department inthese inspections. [1983 c.338 §741]
820.050Orders regarding noncomplying vehicles or drivers. (1) Wheneverthe Department of Transportation finds that a vehicle described under ORS820.010 or 820.020 violates any provision of the safety code adopted under ORS820.030 or an amendment thereto, the department shall make, enter and serveupon the owner of the vehicle any order necessary to protect the safety ofpersons transported in the vehicle.
(2)The department may direct in an order, as a condition to the continued use ofthe motor vehicle for authorized purposes, that such additions, repairs,improvements or changes be made and such safety devices and safeguards befurnished and used as are reasonably required to satisfy the requirements of thesafety code, in the manner and within the time specified in the order.
(3)The department may also issue to the owner of the vehicle an order to requirethat any driver of the motor vehicle satisfy the minimum standards for a driverunder the safety code established under ORS 820.030.
(4)Any person aggrieved by an order of the department under this section mayappeal under the provisions of ORS 183.480.
(5)Violation of an order issued under this section is subject to penalty asprovided under ORS 820.060. [1983 c.338 §742]
820.060Safety requirement; owner violation of worker transport vehicle safety code;penalty.(1) The following vehicles shall be maintained in a safe condition and operatedin a safe manner at all times:
(a)Vehicles described in ORS 820.010. This paragraph applies whether or not thevehicle is used upon a public highway.
(b)Vehicles described in ORS 820.020.
(2)A person commits the offense of owner violation of the worker transport vehiclesafety code if the person is the owner of a vehicle described under ORS 820.010or 820.020 and the person does any of the following:
(a)Violates or willfully fails to comply with an order issued under ORS 820.050.
(b)Violates any provision of the safety code established under ORS 820.030, or anyamendment thereto.
(3)The offense described in this section, owner violation of worker transportvehicle safety code, is a Class B traffic violation. [1983 c.338 §743; 1985c.393 §50]
820.070Driver violation of worker transport vehicle safety code; penalty. (1) A personcommits the offense of driver violation of worker transport vehicle safety codeif the person, at any time, operates a vehicle described under ORS 820.010 or820.020 in a manner that violates any provision of the safety code establishedunder ORS 820.030 or any amendment thereto.
(2)The offense described in this section, driver violation of worker transportvehicle safety code, is a Class B traffic violation. [1983 c.338 §744; 1985c.393 §51]
SCHOOLVEHICLES
820.100Adoption of safety standards for construction and equipment of school vehicles;rules.(1) The State Board of Education shall adopt and enforce such reasonablestandards relating to school bus and school activity vehicle construction andschool bus and school activity vehicle equipment as the board deems necessaryfor safe and economical operation, except that the board may not authorize theuse of school buses manufactured before April 1, 1977.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under the board’s jurisdiction, except that the board may notauthorize the use of school buses manufactured before April 1, 1977.
(3)The State Board of Education shall adopt and enforce standards for school busstop arms authorized by ORS 820.105.
(4)Rules adopted under this section:
(a)Must be consistent with requirements established by statute or by rule adoptedunder statutory authority that relate to the same subject.
(b)Shall be consistent with minimum uniform national standards, if such standardsexist.
(c)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(d)May include any exemptions determined appropriate under ORS 820.150. [1983c.338 §747; 1985 c.16 §358; 1985 c.420 §12; 1987 c.654 §6; 1989 c.491 §71; 2007c.632 §1]
820.105School bus stop arms.Notwithstanding any other provision of law, school buses may be equipped withan octagonal shaped mechanical stop arm that indicates when the bus is stoppedto load or unload passengers on a roadway. The stop arms authorized by thissection shall be equipped with two alternately flashing red bus safety lightsshowing both to the front and rear of the bus. [1987 c.654 §5]
Note: 820.105 wasadded to and made a part of ORS chapter 820 but was not added to any smallerseries therein by legislative action. See Preface to Oregon Revised Statutesfor further explanation.
820.110Rules for driver qualification and training and accident reports. (1) The StateBoard of Education shall adopt and enforce rules to establish requirements ofoperation, qualifications or special training of drivers and special accidentreports for school buses and school activity vehicles.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under its jurisdiction.
(3)The rules adopted under this section:
(a)Are subject to ORS 820.190 and 820.200 and to any other statute or regulationrelating to the operation of vehicles, qualifications of drivers and accidentreports.
(b)Must be consistent with requirements established by statute or by rule adoptedunder statutory authority that relate to the same subject.
(c)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(d)May include any exemptions determined appropriate under ORS 820.150.
(4)If the Department of Transportation suspends, cancels or revokes any drivingprivileges of a person who holds a school bus endorsement under ORS 807.035(5), the Department of Transportation shall notify the Department of Educationof the suspension, cancellation or revocation. [1983 c.338 §748; 1985 c.16 §359;1985 c.420 §13; 1989 c.491 §72; 2007 c.120 §1]
820.120Rules for school vehicle inspection. (1) The State Board of Education shalladopt and enforce rules to provide for the inspection of school buses andschool activity vehicles to assure that the vehicles are in compliance withrequirements under rules established under ORS 820.100 and 820.110, asapplicable, and that the vehicles are safe for operation. The rules may includeintervals of inspections.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under its jurisdiction.
(3)The rules adopted under this section:
(a)Are subject to any other statute or regulation relating to the safety ofvehicles for operation and the inspection of vehicles.
(b)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(c)May include any exemptions determined appropriate under ORS 820.150. [1983c.338 §749; 1985 c.420 §14; 1989 c.491 §73]
820.130School bus registration. The Department of Transportation shall issueregistration for a school bus when notified that the vehicle conforms toapplicable rules under ORS 820.100 to 820.120 and that the vehicle is safe foroperation on the highways. Notification required by this section shall be from:
(1)The State Board of Education or its authorized representative regarding vehiclesunder its regulatory authority.
(2)The State Board of Higher Education or its authorized representative regardingvehicles under its jurisdiction. [1983 c.338 §752; 1985 c.420 §17; 1999 c.39 §11]
820.140Revocation of registration. The Department of Transportation may revoke theregistration of any school bus if the department determines that the vehicle:
(1)Is not maintained and operated in accordance with rules applicable to thevehicle under ORS 820.100 to 820.120; or
(2)Is not safe for operation over or is not safely operated over the publichighways. [1983 c.338 §753; 1985 c.16 §360; 1985 c.420 §18]
820.150Rules for exemption of certain vehicles from Oregon Vehicle Code. (1) The StateBoard of Education, by rule, may establish classes or types of vehicles thatare not considered school buses or school activity vehicles for purposes of theOregon Vehicle Code or classes of school buses or school activity vehicles thatare not subject to regulation under the Oregon Vehicle Code either partially orcompletely.
(2)The State Board of Higher Education may adopt separate rules of the typedescribed under this section for vehicles that are under its jurisdiction.
(3)Rules adopted under this section are subject to the following:
(a)Any exemption, either partial or total, established under this section may bebased upon passenger capacity, on limited use or on any other basis the StateBoard of Education or the State Board of Higher Education con
820.380 Illegalambulance or emergency vehicle sirens; exemption; penalty
IMPLEMENTSOF HUSBANDRY
820.400 Unlawfuloperation of implement of husbandry; penalty
MANUFACTUREDSTRUCTURES
820.520 Travelor special use trailer assessed as manufactured structure; effect of ceasing tobe used as permanent home
820.570 Violatingtrip permit requirements for manufactured structures; penalty
WORKERTRANSPORT AND OTHER VEHICLES
820.010Vehicles subject to safety regulation; Department of Consumer and Business Servicesjurisdiction; rules.(1) A motor vehicle is subject to safety regulation under ORS 820.030 to820.070, if the vehicle is furnished by an employer and is used to transportone or more workers to and from their places of employment. All of thefollowing apply to this subsection:
(a)The employer must be an individual who employs or uses two or more workers.
(b)The workers employed or transported may be any individuals who are employed forany period in any work for which the workers are compensated, whether full- orpart-time.
(c)The place of employment to and from which the vehicle is used to transportworkers must be a location where one or more workers are actually performingthe labor incident to their employment.
(d)Vehicles may include passenger automobiles and station wagons operated by or onbehalf of employers.
(2)If vehicles described in this section are worker transport buses, the vehiclesmay be subject to additional regulation for the use of bus safety lights underORS 811.520 and 816.300 in addition to safety measures under ORS 811.155.
(3)The Department of Consumer and Business Services has concurrent jurisdictionwith the Department of Transportation in the adoption, under ORS 820.030, ofrules relating to vehicles described in this section and in the enforcement ofthose rules under ORS 820.040 and 820.050 as applied to vehicles described inthis section.
(4)Vehicles described in this section are in addition to any vehicles subjected toregulation under ORS 820.020. [1983 c.338 §738; 1985 c.16 §355]
820.020Vehicles other than worker transport vehicles that are subject to safetyregulation.Vehicles described in this section are subject to safety regulation under ORS820.030 to 820.070 in addition to worker transport vehicles subjected to suchregulation under ORS 820.010. This section applies to every motor vehicle thatis exempt from ORS chapter 825 by ORS 825.017 (9). [1983 c.338 §739; 1989 c.992§23]
820.030Safety code; rules; standards; tentative draft; hearings; notice; amendment. The Departmentof Transportation shall make and enforce reasonable rules relating to vehiclesdescribed under ORS 820.010 and 820.020. Authority for enforcement of the rulesis established under ORS 820.040 to 820.070. The rules shall be embodied in asafety code and the safety code is subject to all of the following:
(1)The safety code shall establish minimum standards for all of the followingaspects of the safety and operation of vehicles described under ORS 820.010 and820.020:
(a)For the construction and mechanical equipment of a motor vehicle, including itscoupling devices, lighting devices and reflectors, motor exhaust system,rear-vision mirrors, service and parking brakes, steering mechanism, tires,warning and signaling devices and windshield wipers.
(b)For the operation of a motor vehicle, including driving rules, loading andcarrying freight and passengers, maximum daily hours of service by drivers,minimum age and skill of drivers, physical condition of drivers, refueling,road warning devices and the transportation of gasoline and explosives.
(c)For the safety of passengers in a motor vehicle, including emergency exits,fire extinguishers, first aid kits, means of ingress and egress, side walls,and a tailgate or other means of retaining freight and passengers within themotor vehicle.
(2)Before formulating a draft of the safety code, the department shall invite theparticipation of interested state agencies and representative business, farm,labor and safety organizations. These groups may make suggestions relating tothe minimum standards to be embodied in the safety code. The department shallconsider the suggestions and prepare a tentative draft of the safety code.
(3)The following apply to hearings on a tentative draft under this section:
(a)Upon the fixing of dates and places for hearings to consider the tentativedraft, the department:
(A)Shall cause notices of the hearings to be published in one or more dailynewspapers of general circulation published and circulated in the City ofPortland and in such other newspapers of general circulation in this state aswill give wide notices of the hearings; and
(B)Shall cause copies of the tentative draft to be widely distributed amongrepresentative business, farm, labor and safety organizations and amonginterested individuals.
(b)Any individuals or groups may participate in the hearings, and submit theircomments and suggestions relating to the minimum standards embodied in thetentative draft.
(4)Notice of the adoption and issuance of the safety code shall be given in thesame manner as notices of the hearings.
(5)The department shall cause copies of the safety code and amendments thereto tobe widely distributed among interested state agencies, among representativebusiness, farm, labor and safety organizations and among interestedindividuals.
(6)The department may amend the safety code at any time upon its own motion orupon complaint by any individual or group, in the same manner as the safetycode was prepared, adopted and distributed under this section.
(7)No defect or inaccuracy in a notice or in the publication thereof shallinvalidate the safety code or any amendment thereto adopted and issued by thedepartment. [1983 c.338 §740; 1985 c.16 §356]
820.040Inspection of vehicles. (1) The Department of Transportation, in enforcingthe safety code established under ORS 820.030, may inspect any vehicle that isdescribed under ORS 820.010 or 820.020.
(2)Upon request, the Superintendent of State Police shall assist the department inthese inspections. [1983 c.338 §741]
820.050Orders regarding noncomplying vehicles or drivers. (1) Wheneverthe Department of Transportation finds that a vehicle described under ORS820.010 or 820.020 violates any provision of the safety code adopted under ORS820.030 or an amendment thereto, the department shall make, enter and serveupon the owner of the vehicle any order necessary to protect the safety ofpersons transported in the vehicle.
(2)The department may direct in an order, as a condition to the continued use ofthe motor vehicle for authorized purposes, that such additions, repairs,improvements or changes be made and such safety devices and safeguards befurnished and used as are reasonably required to satisfy the requirements of thesafety code, in the manner and within the time specified in the order.
(3)The department may also issue to the owner of the vehicle an order to requirethat any driver of the motor vehicle satisfy the minimum standards for a driverunder the safety code established under ORS 820.030.
(4)Any person aggrieved by an order of the department under this section mayappeal under the provisions of ORS 183.480.
(5)Violation of an order issued under this section is subject to penalty asprovided under ORS 820.060. [1983 c.338 §742]
820.060Safety requirement; owner violation of worker transport vehicle safety code;penalty.(1) The following vehicles shall be maintained in a safe condition and operatedin a safe manner at all times:
(a)Vehicles described in ORS 820.010. This paragraph applies whether or not thevehicle is used upon a public highway.
(b)Vehicles described in ORS 820.020.
(2)A person commits the offense of owner violation of the worker transport vehiclesafety code if the person is the owner of a vehicle described under ORS 820.010or 820.020 and the person does any of the following:
(a)Violates or willfully fails to comply with an order issued under ORS 820.050.
(b)Violates any provision of the safety code established under ORS 820.030, or anyamendment thereto.
(3)The offense described in this section, owner violation of worker transportvehicle safety code, is a Class B traffic violation. [1983 c.338 §743; 1985c.393 §50]
820.070Driver violation of worker transport vehicle safety code; penalty. (1) A personcommits the offense of driver violation of worker transport vehicle safety codeif the person, at any time, operates a vehicle described under ORS 820.010 or820.020 in a manner that violates any provision of the safety code establishedunder ORS 820.030 or any amendment thereto.
(2)The offense described in this section, driver violation of worker transportvehicle safety code, is a Class B traffic violation. [1983 c.338 §744; 1985c.393 §51]
SCHOOLVEHICLES
820.100Adoption of safety standards for construction and equipment of school vehicles;rules.(1) The State Board of Education shall adopt and enforce such reasonablestandards relating to school bus and school activity vehicle construction andschool bus and school activity vehicle equipment as the board deems necessaryfor safe and economical operation, except that the board may not authorize theuse of school buses manufactured before April 1, 1977.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under the board’s jurisdiction, except that the board may notauthorize the use of school buses manufactured before April 1, 1977.
(3)The State Board of Education shall adopt and enforce standards for school busstop arms authorized by ORS 820.105.
(4)Rules adopted under this section:
(a)Must be consistent with requirements established by statute or by rule adoptedunder statutory authority that relate to the same subject.
(b)Shall be consistent with minimum uniform national standards, if such standardsexist.
(c)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(d)May include any exemptions determined appropriate under ORS 820.150. [1983c.338 §747; 1985 c.16 §358; 1985 c.420 §12; 1987 c.654 §6; 1989 c.491 §71; 2007c.632 §1]
820.105School bus stop arms.Notwithstanding any other provision of law, school buses may be equipped withan octagonal shaped mechanical stop arm that indicates when the bus is stoppedto load or unload passengers on a roadway. The stop arms authorized by thissection shall be equipped with two alternately flashing red bus safety lightsshowing both to the front and rear of the bus. [1987 c.654 §5]
Note: 820.105 wasadded to and made a part of ORS chapter 820 but was not added to any smallerseries therein by legislative action. See Preface to Oregon Revised Statutesfor further explanation.
820.110Rules for driver qualification and training and accident reports. (1) The StateBoard of Education shall adopt and enforce rules to establish requirements ofoperation, qualifications or special training of drivers and special accidentreports for school buses and school activity vehicles.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under its jurisdiction.
(3)The rules adopted under this section:
(a)Are subject to ORS 820.190 and 820.200 and to any other statute or regulationrelating to the operation of vehicles, qualifications of drivers and accidentreports.
(b)Must be consistent with requirements established by statute or by rule adoptedunder statutory authority that relate to the same subject.
(c)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(d)May include any exemptions determined appropriate under ORS 820.150.
(4)If the Department of Transportation suspends, cancels or revokes any drivingprivileges of a person who holds a school bus endorsement under ORS 807.035(5), the Department of Transportation shall notify the Department of Educationof the suspension, cancellation or revocation. [1983 c.338 §748; 1985 c.16 §359;1985 c.420 §13; 1989 c.491 §72; 2007 c.120 §1]
820.120Rules for school vehicle inspection. (1) The State Board of Education shalladopt and enforce rules to provide for the inspection of school buses andschool activity vehicles to assure that the vehicles are in compliance withrequirements under rules established under ORS 820.100 and 820.110, asapplicable, and that the vehicles are safe for operation. The rules may includeintervals of inspections.
(2)The State Board of Higher Education may adopt and enforce separate rules of thetype described under this section for school buses and school activity vehiclesthat are under its jurisdiction.
(3)The rules adopted under this section:
(a)Are subject to any other statute or regulation relating to the safety ofvehicles for operation and the inspection of vehicles.
(b)May include different requirements for different classes or types of schoolbuses or school activity vehicles.
(c)May include any exemptions determined appropriate under ORS 820.150. [1983c.338 §749; 1985 c.420 §14; 1989 c.491 §73]
820.130School bus registration. The Department of Transportation shall issueregistration for a school bus when notified that the vehicle conforms toapplicable rules under ORS 820.100 to 820.120 and that the vehicle is safe foroperation on the highways. Notification required by this section shall be from:
(1)The State Board of Education or its authorized representative regarding vehiclesunder its regulatory authority.
(2)The State Board of Higher Education or its authorized representative regardingvehicles under its jurisdiction. [1983 c.338 §752; 1985 c.420 §17; 1999 c.39 §11]
820.140Revocation of registration. The Department of Transportation may revoke theregistration of any school bus if the department determines that the vehicle:
(1)Is not maintained and operated in accordance with rules applicable to thevehicle under ORS 820.100 to 820.120; or
(2)Is not safe for operation over or is not safely operated over the publichighways. [1983 c.338 §753; 1985 c.16 §360; 1985 c.420 §18]
820.150Rules for exemption of certain vehicles from Oregon Vehicle Code. (1) The StateBoard of Education, by rule, may establish classes or types of vehicles thatare not considered school buses or school activity vehicles for purposes of theOregon Vehicle Code or classes of school buses or school activity vehicles thatare not subject to regulation under the Oregon Vehicle Code either partially orcompletely.
(2)The State Board of Higher Education may adopt separate rules of the typedescribed under this section for vehicles that are under its jurisdiction.
(3)Rules adopted under this section are subject to the following:
(a)Any exemption, either partial or total, established under this section may bebased upon passenger capacity, on limited use or on any other basis the StateBoard of Education or the State Board of Higher Education con
