justicedao/ipfs_state_laws huggingface dataset:
736-004-0095 Temporary ATV Safety Education Card (1) A person who successfully passes the OPRD internet safety education course may print from their computer a temporary ATV safety education card and may operate an ATV for no more than 30 days from date of issue provided the temporary ATV safety education card is in the possession of the operator. (2) A person residing in Oregon who is required to possess an ATV Safety Education Card and is in possession of a certificate issued by another state or nation that is equivalent to Oregon’s ATV Safety Education Card may use that certificate as a temporary Safety Education Card and may operate an ATV in Oregon for no more than 30 days from date of residency provided the document is in the possession of the operator. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570, 390.575 & 821.174 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0100 ATV Safety Checklist (1) Any person who provides a Class I, Class III, or Class IV ATV for rent in Oregon or offers guided tours for a client must require that: (a) The operator(s) of the rental ATV show proof of possession of an ATV Safety Education Card before renting the person an ATV; or (b) If the operator does not possess an ATV Safety Education Card, the rental or tour agent must provide the operator with an ATV Safety Checklist provided by OPRD; (c) The operator must review and mark the ATV Safety Checklist in the presence of the rental or tour agent before they may operate the ATV; and (d) The operator must retain the ATV Safety Checklist in their possession while operating the ATV. (e) This section does not apply if the operator of a Class IV ATV is 16 years of age or older. (2) A person who legally rents an ATV and is otherwise required to possess an ATV Safety Education Card may use the required ATV Safety Checklist as a temporary ATV Safety Education Card and may operate the rental ATV in Oregon for the term of the rental agreement but not longer than 30 days. (3) Any dealer who sells Class I, III, or IV vehicles may offer to the buyer/operator a non-renewable ATV Safety Checklist provided by OPRD. (a) The operator must review and mark the ATV Safety Checklist in the presence of the dealer before they operate the vehicle; and (b) The operator must retain the ATV Safety Checklist in their possession when operating the ATV. (c) A person who purchases an ATV and is otherwise required to possess an ATV Safety Education Card may use the ATV Safety Checklist as a temporary ATV Safety Education Card and may operate the ATV in Oregon for not longer than 30 days from the date of purchase of the ATV. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570, 390.575 & 821.174 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0105 Exemptions (1) Non-residents riding in Oregon are exempt from possessing a State of Oregon ATV Safety Education Card if they possess an ATV Safety Education Card or equivalent issued by their resident state or nation. (a) An ATV Safety Education Card issued in another state or nation shall be honored in the State of Oregon if the issuing state or nation also honors an Oregon ATV Safety Education Card. (b) The operator must have a State of Oregon ATV Safety Education Card if mandatory education is not required in their home state or nation to operate an ATV on public lands. (2) A person operating a Class I, III, or IV in a sanctioned competitive ATV event is not required to possess an ATV Safety Education Card. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570, 390.575 & 821.174 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0110 Fees (1) There is no fee for issuance of the original ATV Safety Education Card. (2) There is no fee for issuance of an ATV Safety Education Card that adds an endorsement code. (3) The replacement fee for an ATV Safety Education Card is $8.00. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570, 390.575 & 821.174 History: PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0115 Rider Fit (1) A Class I ATV operator under 16 years of age must meet all the following minimum physical size requirements in relationship to the vehicle: (a) Brake Reach: With hands placed in the normal operating position and fingers straight out, the first joint (from the tip) of the middle finger will extend beyond the brake lever and clutch; (b) Leg Length: While sitting and with their feet on the pegs, the knee must be bent at least 45 degrees; (c) Grip Reach: While sitting upright on the ATV with hands on the handlebars and not leaning forward, there must be a distinct angle between the upper arm and the forearm; and (d) The rider must be able to turn the handlebars from lock to lock while maintaining grip on the handlebars and maintaining the throttle and brake control. (2) A Class IV ATV operator under 16 years of age must meet all the following minimal physical size requirements in relationship to the vehicle: (a) Leg Length: While sitting in the normal operating position and the safety restraints securely fastened around the operator, the operator’s feet must be able to fully operate all foot controls. (b) Arm Length: While sitting in the normal operating position and the safety restraints securely fastened around the operator, the operator’s hands must be able to fully operate all hand controls. (3) Disabled riders are allowed to use prosthetic devices or modified or adaptive equipment to achieve rider fit. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570, 390.575 & 821.174 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09 PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0120 Minimum Training Standards (1) Providers of a Class I, III, or IV ATV evaluation or training course must evaluate ATV operators in their ability to control an ATV at or above OPRD minimum training standards under section (2) of this rule. (2) OPRD will provide minimum ATV training or evaluation standards that will include: (a) Prerequisite training requirements; (b) Rider fit under OAR 736-004-0115; (c) Familiarization of controls; (d) Internet safety course review; (e) Starting and stopping; (f) Turns and weaves; and (g) Navigating over and around obstacles. (3) Participants in an ATV evaluation or training course must meet the following requirements: (a) Rider must provide the eleven-digit card number from either their ATV Safety Education Card or their certificate of completion issued by OPRD; (b) Rider under 16 years of age must be accompanied throughout the training by an adult at least 18 years of age; and (c) Rider must have a Class I, III, or IV ATV. Three-wheeled vehicles are not allowed. (4) Rider must wear the following while operating an ATV during evaluation or training: (a) DOT (Department of Transportation) approved motorcycle helmet; (b) Goggles (or helmet with face shield); (c) Gloves; (d) Sturdy over-the-ankle shoes or boots; (e) Long-sleeved shirt or jacket; and (f) Long pants. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570 & 390.575 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09
736-004-0125 ATV Training Course Approval by OPRD (1) An ATV course provider shall submit a course approval request on an application form provided by OPRD. (2) OPRD will evaluate the course application under section (3) of this rule within 90 days of receipt of a complete application. (3) OPRD shall evaluate the sufficiency of the course to train or evaluate to OPRD’s minimum ATV training standards under OAR 736-004-0120(2) and meet the participation and equipment requirements of OAR 736-004-0120(3) and (4). (4) OPRD course approval is valid for three years. An ATV course provider may submit a course approval renewal request on an application form provided by OPRD. OPRD will evaluate the course application renewal within 90 days of receipt of a completed application. (5) OPRD may periodically audit courses or contact students for the purposes of evaluation for adherence to OPRD ATV minimum training standards under OAR 736-004-0120(2) through (4). (6) If OPRD determines a course provider does not meet the ATV minimum training standards under OAR 736-004-0120(2) through (4), or if OPRD determines that any element of a course poses a significant risk to any individual, OPRD may take one or more of the following actions: (a) Notify the course provider in writing of course deficiencies and allow the course provider until the next scheduled course, or 30 days (whichever is later) to enact changes to comply with OAR 736-004-0120(2) through (4); (b) Notify the course provider in writing that effective immediately no further courses are authorized by OPRD until required changes are made and determined to be in compliance with OAR 736-004-0120(2) through (4) by OPRD; or (c) Notify the course provider in writing that effective immediately no further courses are authorized by OPRD until a new application for approval has been made under section (1) and approved under section (3) of this rule. (7) Course providers are solely responsible for the oversight and management of course instructors. Statutory/Other Authority: ORS 390.570 & 390.575 Statutes/Other Implemented: ORS 390.570 & 390.575 History: PRD 1-2012, f. & cert. ef. 2-15-12 PRD 20-2009, f. & cert. ef. 12-8-09
736-004-0160 Noise Control Regulations for off-road vehicles (1) All-terrain Vehicles: (a) No person shall operate any all-terrain vehicle which exceeds the stationary noise level limits specified: (A) A maximum noise level of 96 dBA when subjected to a stationary test as prescribed by SAE J-1287 (2017) for Class I and III ATVs. (B) A maximum noise level of 96 dBA when subjected to a stationary test as prescribed by and J-1492 (2023) for Class II and IV ATVs. (b) No person shall operate an all-terrain vehicle with any of the following defects: (A) No muffler; (B) Leaks in the exhaust system; (C) Pinched outlet pipe; (D) Muffler cutouts, bypass valves, defeat devises or exhaust modes are prohibited to be activated unless they are compliant with applicable noise and emission control regulations. (c) A person commits the offense of causing unreasonable noise with a vehicle if the person operates an all-terrain vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle. (2) Noise Control Regulations for Motor Sports Vehicles and Facilities: All-terrain vehicles used in organized racing events in an area designated for that purpose shall comply with the motor sports vehicles and facilities regulation in OAR 340-035-0040. Statutory/Other Authority: ORS 390.585 & ORS 821.030 Statutes/Other Implemented: ORS 390.585, ORS 821.030, ORS 821.220 & ORS 815.025(1) History: PRD 8-2025, adopt filed 09/22/2025, effective 09/22/2025 PRD 4-2025, temporary adopt filed 04/25/2025, effective 04/25/2025 through 10/21/2025
736-005-0005 Purpose of Rule This rule establishes the standards the State Parks and Recreation Department, Office of the State Liaison Officer, shall use when performing statewide comprehensive outdoor recreation planning. Statutory/Other Authority: ORS 183.545, 183.550 & 390.180 Statutes/Other Implemented: ORS 390.180 History: PR 3-1993, f. & cert. ef. 1-29-93 PR 5-1981, f. & ef. 4-1-81
736-005-0010 Statutory Authority and Procedure ORS 390.180 requires the Director to adopt rules establishing standards the State Parks and Recreation Department shall use when the Department performs statewide comprehensive outdoor recreation planning. Statutory/Other Authority: ORS 183.545, 183.550 & 390.180 Statutes/Other Implemented: ORS 390.180 History: PR 3-1993, f. & cert. ef. 1-29-93 PR 5-1981, f. & ef. 4-1-81
736-005-0015 Statewide Comprehensive Outdoor Recreation Planning Process (1) This process is defined as a continuous statewide comprehensive five-year cycle of outdoor recreation planning events that result in: Policy and issue determination; annual action programs to address salient issues; and monitoring devices for the implementation of these actions. The base for the process is found in the periodic update of the state’s recreation supply inventory, demand assessment and needs analysis. The Statewide Comprehensive Outdoor Recreation Plan (SCORP) is the product of this process. “Oregon SCORP — 1983” was endorsed and approved by the Governor of the State of Oregon on August 19, 1983. (2) The primary guidelines for performing this planning process will be Parts 630 and 635 of the U.S. Department of the Interior, Heritage Conservation and Recreation Service Manual. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.180 History: PR 6-1984, f. & ef. 10-29-84 PR 5-1981, f. & ef. 4-1-81
736-006-0100 Purpose of Rule This division establishes the procedures and standards used by the Oregon Parks and Recreation Department when distributing state monies to eligible local governments for outdoor park and recreation areas and facilities, acquisition of property for park purposes, trails, bicycle recreation opportunities, non-motorized water-based recreation, and the process for establishing the priority order in which projects shall be funded. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08 PRD 6-2004, f. & cert. ef. 5-5-04 PRD 7-1999, f. & cert. ef. 11-23-99
736-006-0105 Statutory Authority and Procedure ORS 390.180 requires the director to adopt rules establishing procedures the Oregon Parks and Recreation Department shall use when the department disburses money to local governments. (1) As required by in ORS 390.134(9) if the Parks and Natural Resource Fund received from the Oregon Lottery during a biennium is more than 150 percent of the amount that was transferred during the 2009-2011 biennium, the available funds for the grants will be 25 percent of the Parks subaccount lottery funding transferred to the State Parks and Recreation Department Fund during the preceding biennium. (2) If funding during a preceding biennium drops below 150 percent of the amount that was transferred during the 2009-2011 biennium, the available funds for grants will revert to twelve percent of the amount transferred to the State Parks and Recreation Department Fund in the following biennium. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 7-2022, amend filed 11/22/2022, effective 11/22/2022 PRD 6-2004, f. & cert. ef. 5-5-04 PRD 7-1999, f. & cert. ef. 11-23-99
736-006-0115 Apportionment of Monies (1) Up to 20 percent of available funds shall be set aside for small grants. Small grants are projects with a maximum $100,000 grant request. (2) Other than for land acquisitions, the remainder of available funds shall be for large projects with a maximum of up to $1,000,000 grant request. (3) A project sponsor may request grant funding for land acquisitions in an amount not to exceed $1,000,000. (4) In consultation with the committee, the commission and the director may set the maximum at more or less than that above amounts based upon the availability of funds. (5) Based on the quality and quantity of eligible projects, the committee, with concurrence of the director, may dedicate a portion of the funds for projects expected to be completed within 12 months of grant award. (6) In consultation with the committee, the director may dedicate a portion of the available funds to projects located in cities or districts with populations under 25,000 and counties with populations under 50,000. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 7-2022, amend filed 11/22/2022, effective 11/22/2022 PRD 3-2012, f. & cert. ef. 5-11-12 PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08 PRD 6-2004, f. & cert. ef. 5-5-04 PRD 7-1999, f. & cert. ef. 11-23-99
736-006-0121 Bicycle and Pedestrian Projects Until January 2, 2025, the Committee shall: (1) Dedicate up to $1 million per year to be awarded for bicycle and pedestrian projects that meet recreation and transportation needs, notwithstanding OAR 736-006-0125(3)(a). Bicycle and pedestrian transportation project needs may include improving walking and bicycling access in areas where no connection exists, transportation options are limited or significant safety concerns are addressed by the improvement. (2) Include one representative from the Oregon Bicycle and Pedestrian Advisory Committee created in ORS 362.112. (3) May consider adopted transportation system plans in application scoring in addition to criteria identified in 736-006-0145(5)(b). Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: 2019 HB 2592 & ORS 390.180 History: PRD 4-2019, adopt filed 11/25/2019, effective 11/25/2019
736-006-0140 Conversion Requirements (1) Park and recreation areas and facilities developed with Local Government Grant Program assistance must be dedicated for a minimum of 25 years for park and recreation purposes. Property acquired with Local Government Grant Program assistance shall be retained and used for public outdoor recreation in perpetuity. Leases for federally owned property must be at least 25 years. If the current lease is within 5 years of termination, a letter of intent to renew the lease will be required from the federal agency. Project sponsors must insure that the land within the project boundary will be used only for park and recreational purposes, project sponsor controls or will control the land, and that the project sponsor will not change the use of, sell, or otherwise dispose of land within the project boundary, except upon written State approval. If the project sponsor converts land within the project boundary to use for other than outdoor park and recreation purposes or disposes of such land by sale or otherwise, applicant must provide replacement property within 24 months of either the conversion or the discovery of the conversion. (2) If replacement property cannot be obtained within the 24 months, the project sponsor will provide payment of the grant program's prorated share of the current fair market value to OPRD. The prorated share is that percentage of the original grant (plus any amendments) as compared to the original project cost(s). The replacement property must be equal to the current fair market value of the converted property, as determined by an appraisal. The recreation utility of the replacement property must also be equal to that of the lands converted or disposed. (3) If conversion should occur through processes outside of the project sponsor's control such as condemnation or road placement or realignment, the project sponsor will be required to pass through to OPRD the prorated share of whatever consideration is provided to the project sponsor by the entity that caused the conversion. The monetary value of whatever consideration provided by the taking entity will normally consist of the fair market value of the property established by an appraisal. (4) Project sponsors that have not addressed or submitted documentation to the department for review and remediation of an active conversion through the Land and Water Conservation Fund Program or the Local Government Grant Program are not eligible to apply for Local Government Grant Program assistance. (5) Project sponsors who have addressed a conversion at the local level and have submitted documentation to the department for review and remediation of the conversion through the Land and Water Conservation Fund Program or the Local Government Grant Program may apply for funding assistance. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 7-2022, amend filed 11/22/2022, effective 11/22/2022 PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08 PRD 6-2004, f. & cert. ef. 5-5-04
736-006-0150 Emergency Procedure (1) Under certain conditions such as, but not limited to, reduction or increase of these funds, an emergency procedure for awarding or canceling grants may be initiated at the discretion of the Director. (2) In implementing the emergency procedure, the Director shall consider the availability of funds; the scope and need of projects available for funding; the urgency and statewide importance of prospective projects; and the need to expend additional funds that may become available in a timely manner. The Director may propose projects to the Commission for funding under this section and the Commission may waive other requirements of this rule for the purpose of obligating funds in a timely manner. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 3-2012, f. & cert. ef. 5-11-12 PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08 Renumbered from 736-006-0135, PRD 6-2004, f. & cert. ef. 5-5-04 PRD 7-1999, f. & cert. ef. 11-23-99
736-007-0000 Purpose of Program and Rule (1) The purpose of the distribution of recreation vehicle license fee revenues to counties is to increase the resources available for acquiring, developing, maintaining, rehabilitating and operating county parks and recreation sites and programs. New revenues available to county governing bodies under this program should, to the extent possible, be used to supplement, rather than supplant, moneys currently appropriated for county parks and recreation purposes. (2) These rules establish the procedures and requirements used by the Oregon Parks and Recreation Department when distributing recreation vehicle license fee revenues to counties, and the process for establishing priority order in which county grant projects shall be funded. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 3-1994, f. & cert. ef. 4-22-94
736-007-0010 Eligibility All counties are eligible to receive county RV registration fee revenues; however, use of these moneys is restricted to the acquisition, development, rehabilitation, maintenance, care and use of county park and recreation areas. At areas in which recreation is a secondary function, the funds shall be used only for parks and recreational facility purposes. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 5-1995, f. & cert. ef. 7-2-96 PR 3-1994, f. & cert. ef. 4-22-94 PR 2-1984, f. & ef. 1-20-84
736-007-0015 Distribution Formula The following distribution formula shall be used for the distribution of revenues in accordance with the provisions of these rules: (1) County Park Assistance Program — Ninety percent of the estimated revenues to be received during each fiscal year shall be allocated to the counties in accordance with the following formula: (a) Fifty percent based on the proportion of the number of campsites each county provides to the total number of such campsites provided by all the counties; (b) Twenty percent based on the proportion of the number of RV registrations in each county to the state total of RV registrations; (c) Thirty percent based on the proportion of each county’s population to the total state population; (d) For the purposes of implementing this section the effective date shall be November 4, 1993. (2) County Opportunity Grant Program — Ten percent of the estimated revenues to be received during each fiscal year shall be distributed through the Grant Program. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 3-1994, f. & cert. ef. 4-22-94 PR 2-1984, f. & ef. 1-20-84