Oregon Revised Statutes
Chapter 821 — Off-Road Vehicles; Snowmobiles; All-Terrain Vehicles
56 sections
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:
Is operated in an area described under ORS 821.020; and
Complies with the equipment requirements un…
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:
Lands that are open to the public.
Roads, other than two-lane gravel roads, that are open to the public.
Paved parking lots adjacent to or on designated off-road vehicle areas, trails and…
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:
Establish the type of brakes an off-road vehicle must be equipped with to be in compliance with ORS 821.040.
Establish the type of flag that must be used under ORS 821.040 on an off-road vehicle …
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:
The vehicle must be equipped with a muffler that meets the standards for noise emissions establi…
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.
Fees collected by the Department of Transportation in the regulation of snowmobiles shall be used as provided in ORS 802.110 and 802.120.
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:
The highway is not maintained for passenger car traffic.
The person is on or crossing a…
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:
Fee for issuance.
Provisions relating to transfer, including security interests and other types of transfer, fees for transfe…
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.
The requirement to title a snowmobile under this section does not apply if the snowmobile is any o…
The Department of Transportation shall issue snowmobile registration to a qualified owner. To qualify for issuance of registration under this section:
The owner must complete the application in the manner and in a form the department prescribes.
The application shall state the name and address of each owner of the snowmobile to be registered.
The applicat…
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:
A snowmobile owned and operated by the United States, another state or a political subdivision thereof.
A snowmobile owned and operated by this state o…
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.
Exemptions from this section are established under ORS 821.090.
The offense described in this section, operation of an unregistered snowmobile, is a Class D traffic violation.
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 registrati…
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:
The registration numbers m…
(Permits)
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:
Owned by a resident of another state;
Not registered in this state or in the other state; and
Exempt from registration under ORS 821.090.
The Department of Transportation shall establish a program for the…
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.
The offense described in this section, failure to carry an out-of-state snowmobile permit, is a…
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.
The offense described in this section, failure to carry an out-of-st…
(Driving Privileges)
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:
A driver license.
A snowmobile operator permit issued under ORS 821.160.
This section does not apply to …
A snowmobile operator permit authorizes a person who does not have a driver license to operate a snowmobile without violation of ORS 821.150.
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 q…
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.
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.
A child under 16 years of age commits the offense of ope…
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.
A child under 16 years of age commits the offense …
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.
Note: 821.174 was added to and made a part of ORS chapter 821 by legislative ac…
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.
This section does not apply to a child under the age of 16 if:
The child’s age complies with the manufactur…
(Offenses)
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:
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 acr…
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:
The person is using the all-terrain vehicle for transportation between ranching or farming headquarters, agricultural fields or pastures;
Th…
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 im…
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.
This section does not apply to:
An all-terrain vehicle…
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 …
A person commits the offense of failure of an all-terrain vehicle operator or passenger to wear a motorcycle helmet if:
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
…
A person commits the offense of endangering an all-terrain vehicle operator or passenger if:
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 a…
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.
If a child who is in violation of ORS 821.202 is at lea…
A person commits the offense of operating an improperly equipped snowmobile if the person operates any snowmobile without all of the following equipment:
A lighted headlight and taillight.
An adequate braking device that may be operated either by hand or foot.
An adequate and operating muffling device that shall effectively blend the exhaust and motor noi…
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:
An adequate braking device that may be operated either by hand or foot.
An adequate and operating muffling device that shall be maintained in good working order and in constant operation and sh…
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.
Nothing in this section requires an all-terrain vehicle to be equipped with a headligh…
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.
Subsection (1) of this section does not apply to:
A pe…
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:
Incapable by reason of age, physical o…
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:
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.
Hunts from a snowmobile or an all-terrain vehicle.
This sectio…
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.
…
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.
In addition to other penalties provided by this section, the owner or operator of a Class III all-terrain vehicle m…
A person commits the offense of dangerous operation of a snowmobile or an all-terrain vehicle if the person does any of the following:
Operates a snowmobile or an all-terrain vehicle at a rate of speed greater than reasonable and proper under the existing conditions.
Operates a snowmobile or an all-terrain vehicle in a negligent manner so as to endanger th…
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:
Does not possess a Class I all-terrain vehicle operator…
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:
Does not possess a …
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:
Does not possess a Class IV all-terrain vehicle opera…
A person commits the offense of operating a Class II, Class III or Class IV all-terrain vehicle in a prohibited snow area if the person operates a Class II, Class III or Class IV all-terrain vehicle on a groomed trail or a designated snowmobile or cross country ski trail or area during a designated snow use period.
This section does not apply to emergency v…
(Civil Liability)
The operator or the owner of a snowmobile or all-terrain vehicle used with the permission of the owner shall be liable for three times the amount of any damage to trees, shrubs, growing crops or other property injured as the result of travel by such snowmobile or all-terrain vehicle over the property involved. The liability under this section is in addition …
The following fees are established relating to snowmobiles:
Registration under ORS 821.080, $10.
Renewal of registration under ORS 821.080, $10.
Issuance of out-of-state permit under ORS 821.130, $7.
(All-Terrain Vehicle Highway Access Routes)
The Oregon Transportation Commission shall designate all-terrain vehicle highway access routes on state highways throughout this state for the purpose of authorizing incidental use of all-terrain vehicles within the state highway right of way.
The commission shall designate all-terrain vehicle highway access routes under this section after consultation with…
The All-Terrain Vehicle Highway Access Routes Advisory Committee is established.
The committee consists of seven members.
The State Parks and Recreation Director shall appoint:
Two representatives of all-terrain vehicle users.
One representative of a city or county.
One representative of a law enforcement agency.
One representative who is a member of t…