74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1352
 
                         Senate Bill 49
 
Sponsored by Senators DEVLIN, BATES (Presession filed.)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits operation of all-terrain vehicles by persons under 12
years of age. Restricts operation of all-terrain vehicles by
persons 12 to 15 years of age based on vehicle engine
displacement.
  Prohibits sellers of all-terrain vehicles from knowingly
selling all-terrain vehicles for use by persons under 12 years of
age or for use by persons 12 to 15 years of age in violation of
engine displacement limitations. Punishes by fine of $90.
  Directs State Parks and Recreation Department to produce and
provide safety information to retailers. Directs retailers of
all-terrain vehicles to distribute safety information to buyers
of all-terrain vehicles.
 
                        A BILL FOR AN ACT
Relating to all-terrain vehicles; creating new provisions;
  amending ORS 821.203; and repealing ORS 821.292.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) A person who is in the business of selling
all-terrain vehicles commits the offense of knowingly selling or
offering to sell an all-terrain vehicle for use by an
unauthorized operator when a person sells an all-terrain vehicle:
  (a) For use by persons under 12 years of age; or
  (b) With an engine displacement greater than 90 cubic
centimeters for use by persons under 16 years of age.
  (2) The offense of knowingly selling or offering to sell an
all-terrain vehicle for use by an unauthorized operator is a
Class D traffic violation. + }
  SECTION 3.  { + A person who is in the business of selling
all-terrain vehicles shall distribute informational materials
regarding state laws, safety requirements and training programs
to purchasers of all-terrain vehicles at the time of sale. The
State Parks and Recreation Department shall develop and provide
the informational materials for distribution to the sellers of
all-terrain vehicles. + }
  SECTION 4. ORS 821.203 is amended to read:
  821.203. (1) A person commits the offense of endangering
 { - a Class I or Class III - }  { +  an + } all-terrain vehicle
operator or passenger if:
 
  (a) The person is operating a Class I or Class III all-terrain
vehicle on premises open to the public and the person carries
another person on the Class I or Class III all-terrain vehicle
who is under 18 years of age and is not wearing a motorcycle
helmet;   { - or - }
  (b) The person is the parent, legal guardian or person with
legal responsibility for the safety and welfare of a child under
18 years of age and the child operates or rides on a Class I or
Class III all-terrain vehicle on premises open to the public
without wearing a motorcycle helmet  { - . - }  { + ;
  (c) The person is the parent, legal guardian or person with
legal responsibility for the safety and welfare of a child who is
at least 12 years of age and not more than 15 years of age and
who operates an all-terrain vehicle with an engine displacement
greater than 90 cubic centimeters; or
  (d) The person is the parent, legal guardian or person with
legal responsibility for the safety and welfare of a child under
12 years of age and the child operates an all-terrain
vehicle. + }
  (2) The requirement to wear a motorcycle helmet does not apply
if the all-terrain vehicle is:
  (a) Used exclusively in farming, agricultural or forestry
operations or used by persons licensed under ORS chapter 571
exclusively for nursery or Christmas tree growing operations.
  (b) Being used on land owned or leased by the owner of the
vehicle.
  (3) The offense described in this section, endangering   { - a
Class I or Class III - }  { +  an + } all-terrain vehicle
operator or passenger, is a Class D traffic violation.
  SECTION 5.  { + ORS 821.292 is repealed. + }
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