74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 480
Sponsored by Senator DEVLIN, Representative MACPHERSON; Senator
MONROE, Representative GELSER
CHAPTER ................
AN ACT
Relating to motor vehicle passenger safety; creating new
provisions; amending ORS 811.210 and 811.215; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) Oregon drivers look to the law in deciding how to restrain
and protect children in motor vehicles.
(2) The proper restraint of children in motor vehicles will
reduce the number of children killed in motor vehicle accidents
and reduce the severity of injuries to children who survive motor
vehicle accidents. + }
SECTION 2. ORS 811.210 is amended to read:
811.210. (1) A person commits the offense of failure to { +
properly + } use safety belts if the person:
(a) Operates a motor vehicle on the highways of this state and
is not properly secured with a safety belt or safety harness as
required by subsection (2) of this section;
(b) Operates a motor vehicle on the highways of this state with
a passenger who is under 16 years of age and the passenger is not
properly secured with a child safety system, safety belt
{ - , - } or safety harness as required by subsection (2) of
this section;
(c) Is a passenger in a privately owned commercial vehicle, as
defined in ORS 801.210, that is designed and used for the
transportation of 15 or fewer persons, including the driver, and
the person is 16 years of age or older and is responsible for
another passenger who is not properly secured with a child safety
system as required under subsection (2)(a) { + , (b) or (c) + }
{ - or (b) - } of this section; or
(d) Is a passenger in a motor vehicle on the highways of this
state who is 16 years of age or older and who is not properly
secured with a safety belt or safety harness as required by
subsection (2) of this section.
(2) To comply with this section:
{ + (a) A person who is under one year of age, regardless of
weight, or a person who weighs 20 pounds or less must be properly
secured with a child safety system in a rear-facing position. + }
{ - (a) - } { + (b) + } A person who { - is under four
years of age and - } weighs 40 pounds or less must be properly
secured with a child safety system that meets the minimum
standards and specifications established by the Department of
Enrolled Senate Bill 480 (SB 480-A) Page 1
Transportation under ORS 815.055 for child safety systems
designed for children weighing 40 pounds or less { - ; - }
{ + . + }
{ - (b) - } { + (c) + } Except as provided in subsection
(3) of this section, a person who { - is at least four years of
age and under six years of age or weighs between 40 and 60
pounds - } { + weighs more than 40 pounds and who is four feet
nine inches or shorter + }must be properly secured with a child
safety system that elevates the person so that a safety belt or
safety harness properly fits the person. { - ' Proper fit' - }
{ + As used in this paragraph, ' properly fits' + } means the
lap belt of the safety belt or safety harness is positioned low
across the thighs and the shoulder belt is positioned over the
collarbone and away from the neck. The child safety system shall
meet the minimum standards and specifications established by the
Department of Transportation under ORS 815.055 for child safety
systems designed for children
{ - weighing between 40 and 60 pounds; or - } { + who are
four feet nine inches or shorter. + }
{ - (c) - } { + (d) + } A person who is { - at least six
years of age and weighs 60 pounds or more - } { + taller than
four feet nine inches + } must be properly secured with a safety
belt or safety harness that meets requirements under ORS 815.055.
{ + (e) Notwithstanding paragraphs (b) and (c) of this
subsection, a person who is eight years of age or older need not
be secured with a child safety system but must be properly
secured with a safety belt or safety harness that meets
requirements under ORS 815.055. + }
(3) If the rear seat of a vehicle is not equipped with shoulder
belts, the requirements of subsection { - (2)(b) - } { +
(2)(c) + } of this section do not apply provided the person is
secured by a lap belt.
(4) The offense described in this section, failure to { +
properly + } use safety belts, is a Class D traffic violation.
SECTION 3. ORS 811.215 is amended to read:
811.215. ORS 811.210 does not apply to:
(1) Privately owned commercial vehicles, as defined in ORS
801.210. The exemption in this subsection does not apply to any
of the following:
(a) Vehicles commonly known as pickup trucks that have a
combined weight of less than 10,000 pounds.
(b) Motor carriers, as defined in ORS 825.005, when operating
in interstate commerce.
(c) Vehicles designed and used for the transportation of 15 or
fewer persons, including the driver, except that the operator of
a vehicle described in this paragraph is not required to:
(A) Be properly secured with a safety belt or safety harness as
required by ORS 811.210 if the operator is a taxicab operator; or
(B) Ensure that a passenger is properly secured with a child
safety system as described in ORS 811.210 (2)(a) { + , (b) or
(c) + } { - and (b) - } .
(2) Any vehicle not required to be equipped with safety belts
or safety harnesses at the time the vehicle was manufactured,
unless safety belts or safety harnesses have been installed in
the vehicle.
(3) Any vehicle exempted by ORS 815.080 from requirements to be
equipped upon sale with safety belts or safety harnesses.
(4) Any person for whom a certificate is issued by the
Department of Transportation under ORS 811.220.
Enrolled Senate Bill 480 (SB 480-A) Page 2
(5) Any person who is a passenger in a vehicle if all seating
positions in the vehicle are occupied by other persons.
(6) Any person who is being transported while in the custody of
a police officer or any law enforcement agency.
(7) Any person who is delivering newspapers or mail in the
regular course of work.
(8) Any person who is riding in an ambulance for the purpose of
administering medical aid to another person in the ambulance, if
being secured by a safety belt or safety harness would
substantially inhibit the administration of medical aid.
(9) Any person who is reading utility meters in the regular
course of work.
(10) Any person who is employed to operate a vehicle owned by a
mass transit district while the vehicle is being used for the
transportation of passengers in the public transportation system
of the district.
(11) Any person who is collecting solid waste or recyclable
materials in the regular course of work.
SECTION 4. { + The amendments to ORS 811.210 and 811.215 by
sections 2 and 3 of this 2007 Act apply to violations occurring
on or after the effective date of this 2007 Act. + }
SECTION 5. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
----------
Passed by Senate May 14, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 15, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 480 (SB 480-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 480 (SB 480-A) Page 4