Chapter 821 — Chapter 821
56 sections in this chapter.
ORS 821.010 Exemptions from equipment requirements for off-road vehicles. (1) Any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain is exempt from the sections governing vehicle equipment described in this section if the vehicle
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(a) Is operated in an area described under ORS 821.020; and (b) Complies with the equipment requirements under ORS 821.040. (2) The exemption under this section is an exemption from the prohibitions under all of the following paragraphs: (a) Nonstandard lighting equipment under O…
ORS 821.020 Applicability of off-road vehicle exemption from general equipment requirements. (1) Except as provided in subsection (2) of this section, the exemption from equipment requirements for off-road vehicles under ORS 821.010 applies to each of the following
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(a) Lands that are open to the public. (b) Roads, other than two-lane gravel roads, that are open to the public. (c) Paved parking lots adjacent to or on designated off-road vehicle areas, trails and routes that are open to the public. (d) Local two-lane gravel roads that are ope…
ORS 821.030 Equipment standards for off-road vehicles. For purposes of the equipment requirements for off-road vehicles under ORS 821.040, the State Parks and Recreation Department may adopt rules to do the following
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(1) Establish the type of brakes an off-road vehicle must be equipped with to be in compliance with ORS 821.040. (2) Establish the type of flag that must be used under ORS 821.040 on an off-road vehicle when it is operated on sand. (3) Require other safety equipment that must be …
ORS 821.040 Operation of off-road vehicle without required equipment; penalty. (1) A person commits the offense of operation of an off-road vehicle without required equipment if the person is operating a vehicle described in ORS 821.010 in an area described in ORS 821.020 and the vehicle is not equipped in compliance with all of the following
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(a) The vehicle must be equipped with a muffler that meets the standards for noise emissions established under ORS 821.030. (b) The vehicle must be equipped with brakes that meet the requirements established under ORS 821.030. (c) When the vehicle is operated on a highway and the…
ORS 821.050 Limits on authority of local governments; disposition of fees for snowmobiles. (1) Limits on the authority of cities, counties or other political subdivisions of this state or any state agency are as imposed under ORS 801.040
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(2) Fees collected by the Department of Transportation in the regulation of snowmobiles shall be used as provided in ORS 802.110 and 802.120. [1983 c.338 §713; 1985 c.459 §4a; 1989 c.991 §28; 1999 c.977 §23]
ORS 821.055 Operation of all-terrain vehicles on certain highways. Notwithstanding ORS 821.020, or any law requiring that vehicles be equipped in specified ways in order to operate on highways, a person may operate Class I, Class II, Class III and Class IV all-terrain vehicles on any highway in this state that is open to the public if
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(1) The highway is not maintained for passenger car traffic. (2) The person is on or crossing a portion of highway right of way as permitted under ORS 821.200. (3) The person is on an all-terrain vehicle highway access route that is designated by the Oregon Transportation Commiss…
ORS 821.060 Issuance; application; rules; fees. (1) The Department of Transportation shall provide for the issuance of titles for snowmobiles required to be titled under ORS 821.070. The following provisions relating to titling shall be the same for snowmobiles as for other vehicles
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(a) Fee for issuance. (b) Provisions relating to transfer, including security interests and other types of transfer, fees for transfer, time limits for transfer and responsibility for making transfer and submitting documents. (c) Information required to be placed on a title, exce…
ORS 821.070 Failure to title; exemptions; penalty. (1) A person commits the offense of failure to title a snowmobile if the person is the owner of a snowmobile that is in this state or is operating a snowmobile at any place in this state and the snowmobile has not been issued a title as provided under ORS 821.060
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(2) The requirement to title a snowmobile under this section does not apply if the snowmobile is any of the following: (a) Owned and operated by the United States, another state or political subdivision thereof. (b) Owned and operated by this state or by any city, district or pol…
ORS 821.080 Issuance; qualifications; duration; certificate; rules. (1) The Department of Transportation shall issue snowmobile registration to a qualified owner. To qualify for issuance of registration under this section
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(a) The owner must complete the application in the manner and in a form the department prescribes. (b) The application shall state the name and address of each owner of the snowmobile to be registered. (c) The application shall contain proof of title. (d) The fee established unde…
ORS 821.090 Exemptions from snowmobile registration requirements. This section establishes exemptions from the requirements to register snowmobiles under ORS 821.100. The following are exempt from the registration requirements, either partially or completely as described
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(1) A snowmobile owned and operated by the United States, another state or a political subdivision thereof. (2) A snowmobile owned and operated by this state or by any city, district or political subdivision thereof. (3) A snowmobile owned by a resident of another state if regist…
ORS 821.100 Operation of unregistered snowmobile; penalty. (1) A person commits the offense of operation of an unregistered snowmobile if the person operates a snowmobile that is not registered under ORS 821.080
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(2) Exemptions from this section are established under ORS 821.090. (3) The offense described in this section, operation of an unregistered snowmobile, is a Class D traffic violation. [1983 c.338 §714; 1985 c.459 §7; 1989 c.991 §10; 1995 c.383 §106; 1995 c.774 §19; 1999 c.977 §30…
ORS 821.110 Failure to renew snowmobile registration; penalty. (1) A person commits the offense of failure to renew snowmobile registration if the person is the owner of a snowmobile in this state and the person does not renew registration for the snowmobile in the manner the Department of Transportation prescribes when the registration expires as provided under ORS 821.080 and pay the required fee for renewal of registration established under ORS 821.320
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(2) The offense described in this section, failure to renew snowmobile registration, is a Class D traffic violation. [1983 c.338 §717; 1985 c.459 §10; 1989 c.991 §29; 1995 c.383 §107; 1995 c.774 §20; 1999 c.977 §31]
ORS 821.120 Failure to properly display snowmobile registration numbers; penalty. (1) A person commits the offense of failure to properly display snowmobile registration numbers if the person is the owner or operator of a snowmobile and the registration numbers issued by the Department of Transportation for the vehicle are not displayed on the vehicle or are displayed in a manner that violates any of the following
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(a) The registration numbers must be permanently affixed. (b) The registration numbers must be displayed in a clearly visible manner. (c) The registration number must be displayed upon the snowmobile in a manner prescribed by the department. (d) The numbers displayed shall be in …
ORS 821.125 [1991 c.481 §2; 1993 c.741 §139; repealed by 1999 c.977 §38]
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(Permits)
ORS 821.130 Out-of-state snowmobile permit; qualifications; duration; application; fees. (1) An out-of-state snowmobile permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state a snowmobile that is
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(a) Owned by a resident of another state; (b) Not registered in this state or in the other state; and (c) Exempt from registration under ORS 821.090. (2) The Department of Transportation shall establish a program for the issuance of out-of-state snowmobile permits under this sect…
ORS 821.140 Failure to carry out-of-state snowmobile permit; penalty. (1) A person commits the offense of failure to carry an out-of-state snowmobile permit if an out-of-state permit is issued for the vehicle under ORS 821.130 and the permit is not carried on the snowmobile at all times during operation of the snowmobile in this state
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(2) The offense described in this section, failure to carry an out-of-state snowmobile permit, is a Class D traffic violation. [1983 c.338 §721; 1985 c.459 §25; 1989 c.991 §31; 1995 c.383 §109; 1999 c.977 §34]
ORS 821.142 Failure to carry out-of-state all-terrain vehicle permit; penalty. (1) A person commits the offense of failure to carry an out-of-state all-terrain vehicle permit if an out-of-state permit is issued for the vehicle under ORS 390.590 and the permit is not carried on the all-terrain vehicle at all times during operation of the all-terrain vehicle in this state
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(2) The offense described in this section, failure to carry an out-of-state all-terrain vehicle permit, is a Class D traffic violation. [1999 c.977 §12]
ORS 821.145 [Formerly 821.185; repealed by 1999 c.977 §38]
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(Driving Privileges)
ORS 821.150 Operation of snowmobile without driving privileges; civil liability; penalty. (1) A person commits the offense of operation of a snowmobile without driving privileges if the person operates a snowmobile without one of the following having been issued to the person and on the person at the time the person is operating the snowmobile
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(a) A driver license. (b) A snowmobile operator permit issued under ORS 821.160. (2) This section does not apply to a person who is operating a snowmobile while taking a course from an instructor to obtain a snowmobile operator’s permit under ORS 821.160. (3) In addition to other…
ORS 821.160 Snowmobile operator permit; issuance; rules for safety education course. (1) A snowmobile operator permit authorizes a person who does not have a driver license to operate a snowmobile without violation of ORS 821.150
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(2) The Department of Transportation shall issue or provide for issuance of a snowmobile operator permit to any person who has taken a snowmobile safety education course established under this section and has been found qualified to operate a snowmobile. (3) The department shall …
ORS 821.165 Land funded for all-terrain vehicle use from All-Terrain Vehicle Account. As used in ORS 821.170, 821.172, 821.176, 821.192, 821.291, 821.292 and 821.293, “public lands” includes privately owned land that is open to the general public for the use of all-terrain vehicles as the result of funding from the All-Terrain Vehicle Account under ORS 390.560. [2007 c.887 §7; 2011 c.360 §22]
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[Repealed or reserved.]
ORS 821.170 Operation of Class I all-terrain vehicle without driving privileges; exemptions; penalty. (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 not hold a valid Class I all-terrain vehicle operator permit issued under ORS 390.570
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(2) A child under 16 years of age commits the offense of operation of a Class I all-terrain vehicle without driving privileges if the child operates a Class I all-terrain vehicle on public lands and the child does not meet all the following conditions: (a) The child must be accom…
ORS 821.172 Operation of Class III all-terrain vehicle without driving privileges; exemptions; penalty. (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 Class III all-terrain vehicle operator permit issued under ORS 390.575
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(2) A child under 16 years of age commits the offense of operation of a Class III all-terrain vehicle without driving privileges if the child operates a Class III all-terrain vehicle on public lands and the child does not meet all the following conditions: (a) The child must be a…
ORS 821.174 Prohibition on operating Class I, Class III or Class IV all-terrain vehicle while driving privileges suspended. Notwithstanding any other provision of law, a person may not operate a Class I, Class III or Class IV all-terrain vehicle while the person’s driving privileges are suspended or revoked. A person who violates this section is in violation of ORS 811.175 or 811.182, as appropriate. [1995 c.775 §7; 2011 c.360 §23]
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Note: 821.174 was added to and made a part of ORS chapter 821 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 821.175 [1987 c.587 §6; 1989 c.661 §3; 1989 c.991 §11a; 1995 c.774 §4; renumbered 821.195 in 1995]
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[Repealed or reserved.]
ORS 821.176 Operation of Class IV all-terrain vehicle without driving privileges; exemptions; penalty. (1) A person commits the offense of operation of a Class IV all-terrain vehicle without driving privileges if the person operates a Class IV all-terrain vehicle on public lands and the person does not hold a valid driver license issued under ORS 807.040
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(2) This section does not apply to a child under the age of 16 if: (a) The child’s age complies with the manufacturer’s minimum age recommendation as evidenced by the manufacturer’s warning label affixed to the vehicle; (b) The child is accompanied by a person who is at least 18 …
ORS 821.180 [1985 c.459 §18; repealed by 1999 c.977 §38]
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[Repealed or reserved.]
ORS 821.182 [1995 c.774 §3; repealed by 1999 c.977 §38]
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[Repealed or reserved.]
ORS 821.185 [1987 c.587 §§4,5; 1989 c.661 §1; 1993 c.751 §105; 1995 c.774 §5; renumbered 821.145 in 1995]
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(Offenses)
ORS 821.190 Unlawful operation of snowmobile or all-terrain vehicle on highway or railroad; civil liability; penalty. (1) A person commits the offense of unlawful operation of an off-road vehicle on a highway or railroad if the person operates a vehicle described in subsection (2) of this section in any of the following described areas
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(a) On or across the paved portion, the shoulder, inside bank or slope of any highway, on or across the median of any divided highway or on or across any portion of a highway right of way under construction. (b) On or across a railroad right of way. (2) This section applies to: (…
ORS 821.191 Operation of Class I, Class II or Class IV all-terrain vehicle on highway; unlawful operation of Class I, Class II or Class IV all-terrain vehicle used for agricultural purposes; penalty. (1) Notwithstanding any other provision of law, a person may operate a Class I, Class II or Class IV all-terrain vehicle that is not otherwise properly equipped for operation on a highway on the highways of this state if
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(a) The person is using the all-terrain vehicle for transportation between ranching or farming headquarters, agricultural fields or pastures; (b) The person holds a valid driver license; (c) The person complies with posted speed limits, but in no event exceeds a speed of 20 miles…
ORS 821.192 Operating all-terrain vehicle in violation of posted restrictions. (1) A person commits the offense of operating an all-terrain vehicle in violation of posted restrictions if the person operates an all-terrain vehicle on public lands at a time when the lands are closed to all-terrain vehicles or operation of the vehicles is otherwise restricted, and notice of the restrictions has been posted by an agency with jurisdiction to impose the restrictions
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(2) The offense described in this section, operating an all-terrain vehicle in violation of posted restrictions, is a Class B traffic violation. [1999 c.565 §2]
ORS 821.195 Operation of all-terrain vehicle without permit and decal; exemptions; penalty. (1) A person commits the offense of operating an all-terrain vehicle without a permit and a decal if the person operates an all-terrain vehicle without a permit and a decal in an area or on a trail designated by the appropriate authority as open to all-terrain vehicles only if they have permits and decals
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(2) This section does not apply to: (a) An all-terrain vehicle owned and operated by a resident of another state if the other state grants a similar exemption for all-terrain vehicles owned and operated by residents of Oregon and if the vehicle has not been operated in this state…
ORS 821.200 Exemptions from general prohibition on operating on highway or railroad. 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
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(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 railro…
ORS 821.202 Failure of all-terrain vehicle rider to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of an all-terrain vehicle operator or passenger to wear a motorcycle helmet if
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(a) The person is under 18 years of age, operates or rides on a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway and is not wearing a motorcycle helmet with a fastened chin strap; or (b) The person is 18 years of age or o…
ORS 821.203 Endangering all-terrain vehicle operator or passenger; penalty. (1) A person commits the offense of endangering an all-terrain vehicle operator or passenger if
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(a) The person is operating a Class I, Class II, Class III or Class IV all-terrain vehicle on premises open to the public or on a highway and the person carries another person on the Class I, Class II, Class III or Class IV all-terrain vehicle who is under 18 years of age and is …
ORS 821.204 Issuance of citation for violation of ORS 821.202 or 821.203. (1) If a child who is in violation of ORS 821.202 is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS 821.203, rather than to the child for violation of ORS 821.202
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(2) If a child who is in violation of ORS 821.202 is at least 12 years of age and is under 18 years of age, a citation may be issued to the child for violation of ORS 821.202 or to the parent, legal guardian or person with legal responsibility for the safety and welfare of the ch…
ORS 821.210 Operating improperly equipped snowmobile; civil liability; penalty. (1) A person commits the offense of operating an improperly equipped snowmobile if the person operates any snowmobile without all of the following equipment
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(a) A lighted headlight and taillight. (b) An adequate braking device that may be operated either by hand or foot. (c) An adequate and operating muffling device that shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive or unusual noise …
ORS 821.220 Operating improperly equipped all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of operating an improperly equipped all-terrain vehicle if the person operates any all-terrain vehicle without the following equipment
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(a) An adequate braking device that may be operated either by hand or foot. (b) An adequate and operating muffling device that shall be maintained in good working order and in constant operation and shall effectively blend the exhaust and motor noise in such a manner so as to com…
ORS 821.230 Operating all-terrain vehicle without proper lighting equipment; penalty. (1) A person commits the offense of operating an all-terrain vehicle without proper lighting equipment if the person operates an all-terrain vehicle during times when limited visibility conditions exist and the vehicle is not equipped with a taillight and a lighted headlight
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(2) Nothing in this section requires an all-terrain vehicle to be equipped with a headlight or taillight if the vehicle is not operated during times when limited visibility conditions exist. (3) The offense described in subsection (1) of this section, operating an all-terrain veh…
ORS 821.240 Operating snowmobile or all-terrain vehicle while carrying firearm or bow; exemptions; penalty. (1) A person commits the offense of operating a snowmobile or an all-terrain vehicle while carrying a firearm or bow if the person operates any snowmobile or all-terrain vehicle with a firearm in the possession of the person, unless the firearm is unloaded, or with a bow, unless all arrows are in a quiver
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(2) Subsection (1) of this section does not apply to: (a) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun; (b) A law enforcement officer; or (c) An honorably retired law enforcement officer, unless the person who is a retired law enforcement of…
ORS 821.250 Permitting dangerous operation of snowmobile or all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of permitting dangerous operation of a snowmobile or an all-terrain vehicle if the person is the owner or other person having charge or control of a snowmobile or an all-terrain vehicle and the person knowingly authorizes or permits any person to operate the vehicle across a highway who is
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(a) Incapable by reason of age, physical or mental disability; or (b) Under the influence of an intoxicant. (2) In addition to other penalties provided by this section, operators or owners may be liable as provided under ORS 821.310. (3) The offense described in this section, per…
ORS 821.260 Hunting or harassing animals from snowmobile or all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of hunting or harassing animals from a snowmobile or an all-terrain vehicle if the person does any of the following
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(a) Operates a snowmobile or an all-terrain vehicle in a manner so as to run down, harass, chase or annoy any game animals or birds or domestic animals. (b) Hunts from a snowmobile or an all-terrain vehicle. (2) This section does not apply to: (a) Officers of the State Fish and W…
ORS 821.270 [1983 c.338 §732; 1985 c.393 §48; 1985 c.459 §34; repealed by 1987 c.587 §21]
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[Repealed or reserved.]
ORS 821.280 Committing unlawful damage with snowmobile or Class I, Class II or Class IV all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of committing unlawful damage with a snowmobile or Class I, Class II or Class IV all-terrain vehicle if the person operates any snowmobile or Class I, Class II or Class IV all-terrain vehicle in any area or in such a manner so as to expose the underlying soil or vegetation or to injure, damage or destroy trees or growing crops
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(2) In addition to other penalties provided by this section, the owner or operator of a snowmobile or Class I, Class II or Class IV all-terrain vehicle may be liable as provided under ORS 821.310. (3) The offense described in this section, committing unlawful damage with a snowmo…
ORS 821.285 Committing unlawful damage with Class III all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of committing unlawful damage with a Class III all-terrain vehicle if the person operates any Class III all-terrain vehicle in any area or in such a manner so as to injure, damage or destroy trees or growing crops
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(2) In addition to other penalties provided by this section, the owner or operator of a Class III all-terrain vehicle may be liable as provided under ORS 821.310. (3) The offense described in this section, committing unlawful damage with a Class III all-terrain vehicle, is a Clas…
ORS 821.290 Dangerous operation of snowmobile or all-terrain vehicle; civil liability; penalty. (1) A person commits the offense of dangerous operation of a snowmobile or an all-terrain vehicle if the person does any of the following
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(a) Operates a snowmobile or an all-terrain vehicle at a rate of speed greater than reasonable and proper under the existing conditions. (b) Operates a snowmobile or an all-terrain vehicle in a negligent manner so as to endanger the person or property of another or to cause injur…
ORS 821.291 Endangering Class I all-terrain vehicle operator; exemptions; penalty. (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, the child operates a Class I all-terrain vehicle on public lands and the child
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(a) Does not possess a Class I all-terrain vehicle operator permit issued under ORS 390.570; (b) Is not accompanied by a person who is at least 18 years of age, holds a valid all-terrain vehicle operator permit issued under ORS 390.570, 390.575 or 390.577 and is able to provide i…
ORS 821.292 Endangering Class III all-terrain vehicle operator; exemptions; penalty. (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 16 years of age, the child operates a Class III all-terrain vehicle on public lands and the child
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(a) Does not possess a Class III all-terrain vehicle operator permit issued under ORS 390.575; or (b) Is not accompanied by a person who is at least 18 years of age, holds a valid all-terrain vehicle operator permit issued under ORS 390.570, 390.575 or 390.577 and is able to prov…
ORS 821.293 Endangering Class IV all-terrain vehicle operator; exemptions; penalty. (1) A person commits the offense of endangering a Class IV 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, the child operates a Class IV all-terrain vehicle on public lands and the child
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(a) Does not possess a Class IV all-terrain vehicle operator permit issued under ORS 390.577; (b) Is not accompanied by a person who is at least 18 years of age, holds a valid all-terrain vehicle operator permit issued under ORS 390.570, 390.575 or 390.577 and is able to provide …