Chapter 815 — Chapter 815
92 sections in this chapter.
ORS 815.005 Consistent parts and equipment authorized. Nothing in the vehicle code shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of the vehicle code. [1983 c.338 §434]
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[Repealed or reserved.]
ORS 815.010 Compliance with standards for equipment; federal standards to supersede state. (1) Testing requirements for equipment standards adopted under the vehicle code shall be met by the manufacturer submitting a report from a laboratory approved by the Department of Transportation showing compliance with the current federal regulations or the standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standards and Technology. This subsection supersedes any provision to the contrary in the vehicle code
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(2) A federal vehicle safety standard that conflicts with an equipment provision of the vehicle code applicable to the same aspect of performance shall supersede that specific provision of the vehicle code with respect to vehicles in compliance with the federal vehicle safety sta…
ORS 815.015 Department inspection of vehicles for compliance. The Department of Transportation may at any time inspect any vehicle to determine its compliance with the equipment provisions and other provisions of the vehicle code. [1983 c.338 §436]
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[Repealed or reserved.]
ORS 815.020 Operation of unsafe vehicle; penalty. (1) A person commits the offense of operation of an unsafe vehicle if the person does any of the following
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(a) Drives or moves on any highway any vehicle which is in such unsafe condition as to endanger any person. (b) Owns a vehicle and causes or knowingly permits the vehicle to be driven or moved on any highway when the vehicle is in such unsafe condition as to endanger any person. …
ORS 815.025 Causing unreasonable noise with vehicle; penalty. (1) A person commits the offense of causing unreasonable noise with a vehicle if the person operates upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle
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(2) The offense described in this section, causing unreasonable noise with a vehicle, is a Class D traffic violation. [1983 c.338 §438; 1987 c.158 §171; 1995 c.383 §22] AUTHORITY TO ESTABLISH STANDARDS
ORS 815.030 State vehicle equipment standards. (1) The Department of Transportation shall adopt and enforce minimum standards for vehicle performance or vehicle equipment performance consistent with this section
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(2) Standards adopted by the department under this section shall be consistent with any vehicle standards established under federal regulations or under standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standa…
ORS 815.035 Rules for standards for roadside warning devices. The Department of Transportation shall adopt rules to establish standards for roadside vehicle warning devices for purposes of ORS 811.530 and 815.285. The rules shall include requirements for the placement and use of such warning devices to provide warning of disabled vehicles. [1985 c.16 §230]
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[Repealed or reserved.]
ORS 815.040 Standards for window and windshield material. (1) The Department of Transportation shall establish standards for safety glazing material used in vehicle windows and windshields including standards for any glazing material so constructed, treated or combined with other materials as to reduce substantially, in comparison to ordinary sheet or plate glass, the likelihood of injury to persons by broken or cracked glass or by objects from external sources
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(2) The standards established under this section shall conform, insofar as practical, to safety standards and specifications for safety glazing material issued by the federal government. (3) Prohibitions and penalties relating to the standards established under this section are p…
ORS 815.045 Rules for use of traction tires, retractable studded tires and chains; signs. (1) The Oregon Transportation Commission shall adopt rules necessary to carry out ORS 815.140 and 815.142. The rules adopted by the commission
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(a) Shall establish the various types of conditions under which vehicle traction tires or chains must be used or carried. (b) Shall define types of vehicle traction tires or chains that may be used or carried under various road conditions. The commission rules under this paragrap…
ORS 815.050 [1983 c.338 §442; 1985 c.16 §232; 1993 c.751 §73; repealed by 1995 c.492 §8]
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[Repealed or reserved.]
ORS 815.052 Rules establishing standards for protective headgear. The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for safe protective headgear to be worn by people operating bicycles, by passengers on bicycles and by people riding on skateboards or scooters or using in-line skates. The rules shall conform, insofar as practicable, to national safety standards and specifications for such headgear. [1993 c.408 §6; 2003 c.106 §2; 2005 c.141 §1]
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[Repealed or reserved.]
ORS 815.055 Rules establishing standards for safety belts, harnesses and child safety systems. (1) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for the construction and installation of safety belts, safety harnesses or child safety systems and anchors or other devices to which safety belts, safety harnesses or child safety systems may be attached and secured. The rules adopted under this subsection are subject to the following
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(a) The rules that establish minimum standards and specifications for child safety systems required and regulated under this section and ORS 811.210 and 815.080 shall conform to the standards for child safety systems established by the federal government. Child safety systems are…
ORS 815.060 Rules establishing standards for slow-moving vehicle emblems. The Department of Transportation shall adopt rules for slow-moving vehicle emblems for purposes of ORS 815.110 and 815.115. The rules adopted under this section shall
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(1) Require a slow-moving vehicle emblem that is reflectorized or fluorescent and that is of a standard type. (2) Establish design and mounting requirements that the emblem must meet. (3) Conform to the nationally accepted standards for slow-moving vehicle emblems. [1983 c.338 §4…
ORS 815.065 Rules establishing standards for hydraulic brake fluid. The Department of Transportation shall adopt and enforce rules for the purpose of regulation of hydraulic brake fluid under ORS 815.085. The rules shall establish standards and specifications and labeling requirements for hydraulic brake fluid and other liquid mediums through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. The rules, in so far as practicable, shall conform to safety standards and specifications for brake fluids issued by the federal government and to the current standards and specifications of the Society of Automotive Engineers applicable to such fluid. The department shall publish rules adopted under this section. Penalties and prohibitions relating to the rules are as provided under ORS 815.085. [1983 c.338 §446; 1989 c.402 §5; 2003 c.158 §12]
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[Repealed or reserved.]
ORS 815.070 Road warning signals for tow vehicles or wreckers. The Oregon Transportation Commission shall prescribe warning signs or signals for placement on roadways by tow vehicles or wreckers under ORS 822.220. [1983 c.338 §449; 1985 c.16 §236; 1987 c.119 §2]
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PROVIDING UNLAWFUL EQUIPMENT
ORS 815.075 Selling vehicles or equipment that violates rules; exemptions; penalty. (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
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(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 …
ORS 815.077 Providing airbag or automobile supplemental restraint system component that does not comply with federal standards for make, model and year of motor vehicle; violation is unlawful practice. (1) As used in this section
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(a) “Airbag” means an inflatable restraint device for occupants of motor vehicles that is part of an automobile supplemental restraint system. (b) “Automobile supplemental restraint system” means a passive inflatable crash protection system that a vehicle manufacturer designs to …
ORS 815.080 Providing safety belt, harness or child safety system that does not comply with standards; exemptions; penalty. (1) A person commits the offense of providing a safety belt, harness equipment or a child safety system that does not comply with standards if the person does any of the following
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(a) Sells or offers for sale a new motor vehicle that is not equipped with safety belts, safety harnesses or child safety systems that comply with and are installed in compliance with the rules adopted by the Department of Transportation under ORS 815.055. This paragraph applies …
ORS 815.085 Servicing with or selling unapproved brake fluid; penalty. (1) A person commits the offense of servicing with or selling unapproved brake fluid if the person does any of the following
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(a) Distributes, has for sale, offers for sale or sells any hydraulic brake fluid or any other liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle if the fluid or liquid does not comply with the standards, specifications and l…
ORS 815.090 Replacement of vehicle windows with unapproved material; penalty. (1) A person commits the offense of replacement of vehicle windows with unapproved material if the person makes or procures the replacement of windows or windshields in a motor vehicle and the replacement is made with a material that does not meet the standards established by the Department of Transportation under ORS 815.040
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(2) This section does not apply to vehicles that are exempt under ORS 815.210 from the prohibitions against operating a vehicle without approved materials in the vehicle windows. (3) The offense described in this section, replacement of vehicle windows with unapproved material, i…
ORS 815.095 Unlawful sales, installations or representations concerning pollution control systems; penalty. (1) A person commits the offense of making unlawful sales of, installations of or representations concerning vehicle pollution control systems if the person does any of the following
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(a) Sells, displays, advertises or represents as a certified system any motor vehicle pollution control system that is not certified under ORS 468A.365. (b) Sells, displays, advertises or represents as an approved retrofit technology any retrofit technology that is not approved u…
ORS 815.097 Providing vehicle with mercury light switch. A person commits the offense of providing a vehicle with a mercury light switch if the person sells or offers for sale in this state a vehicle manufactured after January 1, 2006, that contains a mercury light switch mounted on the hood or trunk. [2001 c.924 §7]
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OPERATING WITH UNLAWFUL EQUIPMENT
ORS 815.100 Operation of vehicle that violates equipment rules; penalty. (1) A person commits the offense of operation of a vehicle that violates state equipment administrative rules if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a vehicle if the vehicle or any equipment on the vehicle
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(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 …
ORS 815.105 Exemptions from equipment requirements. 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
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(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; …
ORS 815.107 Exemption from equipment requirements for street rods. A vehicle of special interest that is a street rod is exempt from vehicle equipment requirements under ORS 815.075, 815.105, 815.120, 815.135, 815.175, 815.190, 815.210, 815.215, 815.230, 815.250, 815.255 and 816.340 if all of the following apply
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(1) The vehicle is equipped with original manufacturer’s equipment and accessories, or their equivalent, except that: (a) The drive train, suspension system or brake system on the original vehicle may be replaced with a drive train, suspension system or brake system that: (A) Con…
ORS 815.109 Exemption from equipment requirements for racing activity vehicles. 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
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(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. [2007 c.693 §3] SPECIFIC EQUIPMENT (Slow-Moving Vehicles)
ORS 815.110 Requirements for and use of slow-moving vehicle emblem. This section establishes requirements for ORS 815.115. The requirements under this section are in addition to any other requirements for lighting equipment provided by law. Except as specifically provided by an exemption under ORS 815.120, a person violates ORS 815.115 if the person does not comply with any of the following requirements
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(1) The following types of vehicles must display slow-moving vehicle emblems described under ORS 815.060: (a) Vehicles or combinations of vehicles designed for customary use at speeds of less than 25 miles per hour. (b) Golf carts or similar vehicles when operated by a person wit…
ORS 815.115 Violation of emblem requirements; penalty. (1) A person commits the offense of violation of slow-moving vehicle emblem requirements if the person
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(a) Drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a vehicle or combination of vehicles if the vehicle or combination of vehicles: (A) Is required by ORS 815.110 to be equipped with a slow-moving vehicle emblem and the …
ORS 815.120 Exemptions from emblem requirements. This section establishes exemptions from the requirements of ORS 815.110 and 815.115. The exemptions under this section are in addition to any exemptions under ORS 801.026. The exemptions under this section are partial or complete as described in the following
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(1) Vehicles of special interest that are registered under ORS 805.020 are deemed to comply with the requirements 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) …
ORS 815.125 Requirements and standards. This section establishes requirements for ORS 815.130. Except as specifically provided by an exemption under ORS 815.135, a vehicle or combination of vehicles is in violation of ORS 815.130, if the vehicle or combination of vehicles is not equipped with brakes as required under the following or if the brakes do not meet the standards described under the following
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(1) Motorcycles and mopeds shall be provided with at least one brake that may be operated by hand or foot. (2) Motor vehicles other than mopeds or motorcycles shall be equipped with brakes that include two separate means of applying the brakes. Each of the separate means of apply…
ORS 815.130 Improper brakes; penalty. (1) A person commits the offense of having improper brakes if the person does any of the following
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(a) Drives or moves on any highway a vehicle that is not equipped with brakes that meet requirements under ORS 815.125. (b) Owns a vehicle and causes or knowingly permits the vehicle to be driven or moved on any highway when the vehicle is not equipped with brakes that meet the r…
ORS 815.135 Exemptions from brake requirements. This section establishes exemptions from ORS 815.130. This section establishes exemptions from ORS 815.130. The exemptions under this section are in addition to any exemptions under ORS 801.026. The exemptions under this section are partial or complete as described in the following
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(1) The following vehicles shall be deemed in compliance with the brake requirements if the vehicles are equipped with original manufacturer’s equipment and accessories, or their equivalent, and maintained in safe operating condition: (a) Except as provided in subsection (2) of t…
ORS 815.140 Failure to use vehicle traction tires or chains; penalty. (1) A person commits the offense of failure to use vehicle traction tires or chains if the person drives or moves or owns and causes or knowingly permits to be driven or moved any motor vehicle or trailer on any highway if the highway is posted showing conditions that require vehicle traction tires or chains and the vehicle is not equipped with vehicle traction tires or chains that are required for the posted conditions
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(2) Traction tires or chains that are referred to in this section are those established by rule under the authority granted under ORS 815.045. (3) This section does not apply to vehicles exempted from this section under ORS 815.145. (4) This section only applies to sections of hi…
ORS 815.142 Failure to carry vehicle traction tires or chains; penalty. (1) A person commits the offense of failure to carry vehicle traction tires or chains if the person drives or moves or owns and causes or knowingly permits to be driven or moved any motor vehicle or trailer on any highway if the highway is posted showing conditions that require the person to carry vehicle traction tires or chains within the vehicle and the vehicle does not contain vehicle traction tires or chains
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(2) Traction tires or chains that are referred to in this section are those established by rule under the authority granted under ORS 815.045. (3) This section does not apply to vehicles exempted from this section under ORS 815.145. (4) This section applies only to sections of hi…
ORS 815.145 Exemptions from traction tire or chains requirement. (1) This section establishes exemptions from ORS 815.140 and 815.142
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(2) The following are completely or partially exempt as described: (a) Police vehicles under any conditions. (b) Fire vehicles when responding to a fire. (c) An ambulance when responding to an emergency. (3) A passenger vehicle or truck is not required to use chains if the vehicl…
ORS 815.150 [1983 c.338 §476; 1985 c.16 §248; 1987 c.145 §1; 1991 c.67 §222; repealed by 1997 c.326 §2 and 1997 c.493 §6]
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[Repealed or reserved.]
ORS 815.155 Unlawful use of device without wheels; exemptions; civil liability; penalty. (1) A person commits the offense of unlawful use of devices without wheels if the person does any of the following
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(a) Drives or moves on a highway any sled or other device that does not move exclusively on revolving wheels or rotating tracks in contact with the surface of the highway and that has a loaded weight in excess of 500 pounds. (b) Owns a sled or other device that does not move excl…
ORS 815.160 Unlawful use of metal objects on tires; civil liability; penalty. (1) A person commits the offense of unlawful use of metal objects on tires if the person does any of the following
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(a) Drives or moves on a highway any vehicle equipped with any tire having on its periphery any block, stud, cleat, bead, chain or other protuberance of metal or other inflexible material that projects beyond the tread or traction surface of the tire. (b) Owns a vehicle and cause…
ORS 815.165 Exemptions from prohibition on tires with metal objects. This section establishes exemptions from ORS 815.160. The exemptions under this section are in addition to any under ORS 801.026. Exemptions are partial or complete as described in the following
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(1) Any vehicle on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554. (2) Any vehicle on any road or thoroughfare or property in private ownership or any road or thoroughfare, other than a stat…
ORS 815.167 Prohibition on selling studs other than lightweight studs; exemption. (1) Except as provided in subsection (4) of this section, a tire dealer may not sell a tire equipped with studs that are not lightweight studs
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(2) A tire dealer may not sell a stud other than a lightweight stud for installation in a tire. (3) As used in this section: (a) “Lightweight stud” means a stud that is recommended by the manufacturer of the tire for the type and size of the tire and that: (A) Weighs no more than…
ORS 815.170 Operation without pneumatic tires; civil liability; penalty. (1) A person commits the offense of operation without pneumatic tires if the person does any of the following
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(a) Drives, operates or moves on a highway any vehicle or combination of vehicles that is not equipped with pneumatic tires made of elastic material. (b) Owns a vehicle or combination of vehicles and causes or permits the vehicle or combination of vehicles to be driven, operated …
ORS 815.175 Exemptions from pneumatic tire requirement. This section establishes exemptions from ORS 815.170. The exemptions under this section are in addition to any exemptions under ORS 801.026. Exemptions are partial or complete as described in the following
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(1) Vehicles are not subject on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554. (2) Vehicles are not subject on any road, thoroughfare or property in private ownership or any road or thoroug…
ORS 815.180 Standards. This section designates fender and mudguard standards for ORS 815.185. Except as specifically provided by an exemption under ORS 815.190, a vehicle is in violation of ORS 815.185 if the vehicle is not equipped with fenders or mudguards as required under ORS 815.185 or if the fenders or mudguards do not meet the standards of this section or are not of the type required by this section. The standards for fenders and mudguards are as follows
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(1) There are three different types of fenders and mudguards. Any vehicle required to have fenders and mudguards may be equipped with any fender, cover, flap or splash apron to comply with the requirements of ORS 815.185 for fenders and mudguards as long as the fenders and mudgua…
ORS 815.182 Kinds of fenders or mudguards required for specified vehicles; placement. (1) The following types of vehicles must be equipped with the proper type of fenders or mudguards as described in ORS 815.180 (2)
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(a) Type I fenders or mudguards shall be within five feet of the tire tread of the tires on the last axle of: (A) Every motor truck equipped with a body that has a registration weight of 8,000 pounds or more. (B) Every trailer except one otherwise described in this subsection. (C…
ORS 815.185 Operation without proper fenders or mudguards; penalty. (1) A person commits the offense of operation without proper fenders or mudguards if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a vehicle without fenders or mudguards as required by ORS 815.182, or if the fenders or mudguards fail to meet the standards for fenders and mudguards established under ORS 815.180
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(2) Exemptions to this section are established under ORS 815.190. (3) If a person who is cited for violation of the offense under this section submits evidence satisfactory to the court that the fenders or mudguards on the vehicle subject to the citation have been added, repaired…
ORS 815.190 Exemptions from mudguard and fender requirements. This section establishes exemptions from ORS 815.182 and 815.185. The exemptions under this section are in addition to any exemptions under ORS 801.026. The exemptions established under this section are partial or complete as described in the following
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(1) Vehicles of special interest that are registered under ORS 805.020 are deemed in compliance with the requirements and standards if: (a) The vehicles are equipped with original manufacturer’s equipment and accessories, or their equivalent, and maintained in safe operating cond…
ORS 815.195 Requirements and standards. This section establishes requirements for ORS 815.200. Except as specifically provided by an exemption under ORS 815.205, a vehicle is in violation of ORS 815.200 if the vehicle is required to comply with one of the following standards for visible emissions and the vehicle produces visible emissions that exceed those allowable under the described standard, as follows
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(1) A vehicle exceeds Visible Emission Standard I if the vehicle produces any visible emissions that include any gases or particulates, other than uncombined water, which separately or in combination are visible upon release to the outdoor atmosphere. (2) A vehicle exceeds Visibl…
ORS 815.200 Violation of visible emission limits; penalty. (1) A person commits the offense of violation of visible emission limits if the person operates, drives and causes or permits to be driven on any highway
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(a) A motor vehicle, other than one described in paragraph (b) of this subsection, that has visible emissions exceeding visible emissions allowed under Visible Emission Standard I under ORS 815.195. (b) A motor vehicle powered by compression ignition, two cycle or diesel cycle en…
ORS 815.205 Exemptions from visible emission limits. This section establishes exemptions from ORS 815.195 and 815.200. The 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
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(1) Motor vehicles registered as farm vehicles under ORS 805.300 are not subject to the limits on visible emissions. (2) Vehicles of special interest and antique vehicles are not subject to the limits on visible emissions if the vehicles are maintained as a collectors’ item and u…
ORS 815.210 Operation of vehicle without approved material in windows; exemptions; penalty. (1) A person commits the offense of operation of a vehicle without approved materials in windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle with a windshield or windows that do not conform to the standards established by the Department of Transportation under ORS 815.040
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(2) This section does not apply to the following vehicles: (a) Any motor vehicle manufactured on or before January 1, 1954, and registered in this state. The exemption under this paragraph does not apply to windshields or windows that have been replaced after January 1, 1954. (b)…