justicedao/ipfs_state_laws huggingface dataset:
735-090-0130 Error of the Department In accordance with the definition of "Error of the Department" specified in OAR 735-090-0000(2), in a hearing that determines the validity of a suspension of driving privileges under ORS 813.410, if hearsay evidence is used to establish the required elements under ORS 813.410(7) and a petitioning party presents substantial evidence that contradicts the hearsay evidence, DMV will rescind the suspension and OAH will continue the hearing pursuant to 813.440(1)(c) and subpoena the hearsay witness to the continued hearing. Statutory/Other Authority: ORS 184.619 & 802.010 Statutes/Other Implemented: ORS 813.410 & 813.440 History: DMV 10-2023, minor correction filed 02/23/2023, effective 02/23/2023 DMV 14-2007, f. & cert. ef. 12-24-07 DMV 23-2004, f. & cert. ef. 11-17-04 DMV 11-2004(Temp), f. & cert. ef. 5-24-04 thru 11-19-04
735-100-0000 Authority for Administrative Rules Administrative Rules covering vehicle safety equipment are promulgated under the Oregon Transportation Commission’s authority as set forth in ORS 184.616, and under authority of other statutes of the Oregon Vehicle Code that require or are relevant to adoption of the specific rules. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.811, 184.815, 184.816 & 184.818 Statutes/Other Implemented: ORS 815.030 History: MV 9-1986, f. & ef. 6-20-86
735-100-0010 Equipment Compliance and Approval (1) The Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA) is designated an approval authority for the Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety). (2) The AMECA’s Equipment Compliance Program may be used by manufacturers for verifying their equipment items meet the appropriate Transportation Safety adopted standards. This does not preclude other manufacturer self-certification methods of federally regulated items. (3) AMECA’s accredited testing laboratories shall be recognized as approved by Transportation Safety. (4) AMECA’s Notice of Equipment Compliance for an equipment item, or the showing of the item on an AMECA’s Compliance Listing shall be acceptable proof to Transportation Safety that the item meets equipment standards. All equipment must be tested to comply with standards adopted by Transportation Safety. This does not preclude testing to more stringent standards. (5) The review of manufacturer’s test results through the AMECA’s program shall be an acceptable procedure to verify equipment compliance to standards. (6) Transportation Safety may request a manufacturer’s test results for conformance review, and may consider testing or retesting at any time there is reason to believe an item does not meet established standards. (7) Transportation Safety may request the testing laboratory name, address, contact person and telephone number from the manufacturer to verify test procedures and test results if there is reason to believe an item does not meet established standards. Statutory/Other Authority: ORS 184.619, 815.010, 815.030 & 816.010 Statutes/Other Implemented: ORS 815.010, 815.030 & 816.010 History: DMV 36-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 3-1997, f. & cert. ef. 1-21-97 DMV 12-1994, f. & cert. ef. 10-6-94 MV 3-1987, f. & ef. 4-16-87, Renumbered from 735-080-0010 Repealed by DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08 DMV 17-2003, f. & cert. ef. 11-18-03 DMV 12-2000, f. & cert. ef. 9-21-00 DMV 6-1996, f. & cert. ef. 8-15-96 MV 20-1991, f. 9-18-91, cert. ef. 9-29-91 MV 38-1989, f. & cert. ef. 10-3-89 MV 4-1988, f. & cert. ef. 2-2-88 MV 30-1986, f. 12-31-86, ef. 1-1-87 MV 11-1985, f. 9-19-85, ef. 9-20-85
735-102-0000 Seat Belt Assemblies and Seat Belt Assembly Anchorages The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts: (1) Federal Motor Vehicle Safety Standard (FMVSS) Number 208, Occupant Crash Protection in Passenger Cars, Multipurpose Passenger Vehicles, Trucks and Buses regarding location and type of seat belts to be used in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571. (2) FMVSS Number 209, Seat Belt Assemblies regarding seat belt assemblies used in motor vehicles. This standard is as found in the Code of Federal Regulation, Title 49, Part 571. (3) FMVSS Number 210, Seat Belt Assembly Anchorages, regarding anchorages used with seat belt assemblies in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571. Statutory/Other Authority: ORS 184.616, 815.030 & 815.055 Statutes/Other Implemented: ORS 815.055 History: DMV 39-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 12-1994, f. & cert. ef. 10-6-94 MV 9-1986, f. & cert. ef. 6-20-86, Renumbered from 735-080-0060 MV 6-1979, f. & cert. ef. 10-18-79, Renumbered from 735-080-0006 MV 8-1978, f. & cert. ef. 11-16-78
735-102-0010 Child Safety Systems (1) The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 213, Child Restraint Systems, as found in the Code of Federal Regulations, Title 49, Part 571. For purposes of this rule, Child Safety Systems and Child Restraint Systems shall be considered one and the same. (2) Child safety systems, seat belt assemblies, anchorages, and other related devices that conform to federal standards, including labeling by the manufacturer to certify compliance, will be considered acceptable for use in vehicles. Use of such devices shall comply with requirements of the federal standard, and instructions of the manufacturer. (3) Transportation Safety may request a manufacturer’s test results for conformance review, and may consider testing or retesting at any time there is reason to believe an item does not meet established standards. Statutory/Other Authority: ORS 184.619, 815.030 & 815.055 Statutes/Other Implemented: ORS 815.055 History: DMV 40-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 12-1994, f. & cert. ef. 10-6-94 Renumbered from 735-080-0007, MV 9-1986, f. & ef. 6-20-86 MV 6-1983, f. 10-5-83, ef. 1-1-84
735-102-0030 Bicycle, Skateboard, Scooter and In-Line Skate Protective Headgear (Helmets) (1) The Transportation Safety Office of the Oregon Department of Transportation adopts the mandatory national safety standard for bicycle helmets of the Consumer Product Safety Commission 16 CFR Part 1203, and the voluntary standards and specifications of the Snell Memorial Foundation (SNELL) B-90 and B-95, and the American Society for Testing and Materials (ASTM) F-1447-02, F-1492-00 and F-1898-01 for minimum performance criteria and test procedures for protective headgear for bicyclists, skateboarders, scooter riders and in-line skaters. (2) The purpose of these standards is to reduce deaths and injuries by providing minimum acceptable levels of head protection. (3) Protective headgear for bicyclists must be clearly labeled as required by federal law certifying compliance with U.S. CPSC standards. Additional certifications may be included as appropriate for specific headgear use. Statutory/Other Authority: ORS 184.619, 184.619 & 815.052 Statutes/Other Implemented: ORS 815.052 History: DMV 41-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 12-2006, f. & cert. ef. 9-22-06 DMV 13-1994, f. & cert. ef. 10-20-94 DMV 8-1994, f. & cert. ef. 8-19-94
735-104-0000 Glazing Materials The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 205, Glazing Materials, regarding glazing materials that may be used in vehicle windows and windshields. This standard is as found in the Code of Federal Regulations, Title 49, Part 571. Statutory/Other Authority: ORS 184.619, 815.030 & 815.040 Statutes/Other Implemented: ORS 815.040 History: DMV 42-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 12-1994, f. & cert. ef. 10-6-94 MV 9-1986, f. & ef. 6-20-86, Renumbered from 735-162-0000 MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0010 MV 46, f. 9-10-71, ef. 10-1-71 Repealed by DMV 1-2004, f. & cert. ef. 1-15-04 DMV 3-1999, f. & cert. ef. 9-3-99
735-106-0000 Motor Vehicle Brake Fluids (1) The Transportation Safety Office of the Oregon Department of Transportation (Transportation Safety) adopts Federal Motor Vehicle Safety Standard (FMVSS) Number 116, Motor Vehicle Brake Fluids, in regard to brake fluids for use in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571. (2) Motor vehicle brake fluids in compliance with this rule constitutes “hydraulic brake fluid” for purposes of ORS 815.065 and 815.085. Statutory/Other Authority: ORS 184.619, 815.030 & 815.065 Statutes/Other Implemented: ORS 815.065 History: DMV 43-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 12-1994, f. & cert. ef. 10-6-94 MV 9-1986, f. & ef. 6-20-86, Renumbered from 735-163-0000
735-108-0000 Lamps, Reflective Devices and Associated Equipment for Motor Vehicles (1) Transportation Safety adopts FMVSS Number 108, Lamps, Reflective Devices and Associated Equipment, in regard to such equipment and devices used in motor vehicles. This standard is as found in the Code of Federal Regulations, Title 49, Part 571, 2016 Edition, available from Transportation Safety. (2) FMVSS 108 specifies requirements for the following original and replacement lamps, reflective devices, and associated equipment for motor vehicles: (a) Headlamps; (b) Taillamps; (c) Stoplamps; (d) High-mounted stoplamp; (e) License plate lamp; (f) Parking lamps; (g) Reflex reflectors; (h) Intermediate side reflex reflectors; (i) Intermediate side marker lamps; (j) Identification lamps; (k) Clearance lamps; (L) Side-marker lamps; (m) Backup lamps; (n) Turn signal lamps, turn signal operating unit, and turn signal flasher unit; (o) Vehicular hazard warning signal operation unit and flasher unit; and (p) Retroreflective sheeting. Statutory/Other Authority: ORS 184.619, 815.030, 816.010, 816.040 & 816.050 Statutes/Other Implemented: ORS 816.010 History: DMV 14-2021, amend filed 07/16/2021, effective 07/16/2021 DMV 3-1997, f. & cert. ef. 1-21-97 MV 9-1986, f. & ef. 6-20-86, Renumbered from 735-164-0000 DMV 7-2013, f. & cert. ef. 5-23-13 MV 30-1987, f. & ef. 10-1-87, Renumbered from 735-120-0060
735-108-0005 Definitions Relevant to Division 108 For purposes of OAR 735-108-0000 through 735-108-0110, the following definitions shall apply: (1) Backup lamp in compliance with FMVSS 108 constitutes “back-up lights” for purposes of ORS 811.515, 816.110, and 816.350. (2) Clearance lamps in compliance with FMVSS 108 constitutes “clearance lights” for purposes of ORS 811.515, 816.200, and 816.320. (3) “FMVSS” means Federal Motor Vehicle Safety Standard. (4) Headlamps in compliance with FMVSS 108 constitutes “headlights” for purposes of ORS 811.515, 816.050, 816.320, and 816.350. (5) Identification lamps in compliance with FMVSS 108 constitutes “identification lights” for purposes of ORS 811.525, 816.210, and 816.320. (6) License plate lamp in compliance with FMVSS 108 constitutes “registration plate light” for purposes of ORS 816.090, 816.320, and 816.350. (7) “Lights” means lamps as referenced in FMVSS and SAE standards. (8) Parking lamps in compliance with FMVSS 108 constitutes “parking lights” for purposes of ORS 811.515 and 816.130. (9) Reflex reflectors, intermediate side reflex reflectors and retroreflective sheeting in compliance with FMVSS 108 constitutes “reflectors” for purposes of ORS 816.180 and 816.320. (10) “SAE” means Society of Automotive Engineers. (11) Side marker lamps and intermediate side marker lamps in compliance with FMVSS 108 constitutes “marker lights” for purposes of ORS 811.515, 816.190, and 816.320. (12) Stop lamps and high-mounted stoplamp in compliance with FMVSS 108 constitutes “brake lights” for purposes of ORS 811.395, 816.100 and 816.320. (13) Taillamps in compliance with FMVSS 108 constitutes “taillights” for purposes of ORS 816.080 and 816.320. (14) “Transportation Safety” means Transportation Safety Office of the Oregon Department of Transportation. (15) Turn signal lamps, turn signal operating unit and turn signal flasher unit in compliance with FMVSS 108 constitutes “turn signals” for purposes of ORS 811.395, 811.515, 816.120, 816.320, and 816.350. (16) Vehicular hazard warning lamps, signal operating unit and flasher unit in compliance with FMVSS 108 constitutes “hazard lights” for purposes of ORS 816.240 and 816.350. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.619, 815.030 & 816.010 Statutes/Other Implemented: ORS 816 History: DMV 44-2021, minor correction filed 12/08/2021, effective 12/08/2021 DMV 3-1997, f. & cert. ef. 1-21-97
735-108-0010 Aiming, Wiring and Mounting of Headlights for Motor Vehicles (1) Transportation Safety adopts aiming, wiring and mounting requirements for motor vehicle headlights. (2) The preparation for aiming of headlights shall be by one of the following methods: (a) Mechanical aimer method: (A) Calibrate the aimer for accuracy according to the instructions of the manufacturer; and (B) Make compensation for the ground level in the aiming area. (b) Visual aiming screen method: (A) Locate the vehicle on a level surface, under normal load condition with the driver behind the steering wheel; (B) Locate the screen 25 feet in front of the lens of the light; (C) Adjust the screen to the level of the area on which the vehicle stands; (D) Align the vehicle with the screen; and (E) Activate the automatic (air) suspension if the vehicle is so equipped. (3) Aiming of headlights: (a) Aim lights according to vehicle manufacturer instructions when vehicle is equipped with self contained aiming devices; (b) Adjust headlights to a setting of 0-0 when using a mechanical aimer; (c) Aim the center of the high intensity zone at horizontal and straight ahead vertical for high beam, and aim the top edge of the high intensity zone at horizontal and the left edge at vertical for low beam, when using a visual aiming screen; or (d) Aim lights according to manufacturer instructions when using other methods developed by vehicle or lighting equipment manufacturers for use on new vehicle and/or headlight designs. These methods are acceptable if they meet federal and/or SAE requirements. (4) Wire headlights to meet the following: (a) When headlights are turned on the taillights, clearance lights and marker lights will be illuminated; (b) When vehicle is parked, the headlights can be turned off but permits parking lights to be turned on; and (c) Headlights may alternate between high and low beams by means of a switch used at the driver’s discretion. (5) Mount headlights meeting the following: (a) Securely, at the front on a rigid part of the vehicle other than window glazing; (b) As far apart and symmetrically about the vertical center line of the vehicle per FMVSS and SAE requirements; (c) Measure mounting height from ground level to the center of the lens; and (d) Mount headlights not less than 22 inches nor more than 54 inches high. Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040, 816.050 & 816.060 Statutes/Other Implemented: ORS 816.010, 816.050, 816.060, 816.070 & 816.230 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 22-1986, f. & ef. 12-16-86, Renumbered from 735-080-0020 MV 9-1979, f. & ef. 11-9-79 DMV 27-2024, amend filed 08/06/2024, effective 08/06/2024 DMV 21-2024, minor correction filed 06/10/2024, effective 06/10/2024 DMV 1-2024, amend filed 01/26/2024, effective 01/26/2024 DMV 47-2018, amend filed 11/20/2018, effective 01/01/2019 DMV 4-2011, f. & cert. ef. 3-16-11 DMV 29-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 20-2007, f. 12-24-07, cert. ef. 1-1-08 MV 20-1991, f. 9-18-91, cert. ef. 9-29-91 MV 38-1989, f. & cert. ef. 10-3-89 MV 30-1986, f. 12-31-86, ef. 1-1-87, Renumbered from 735-110-0810 MV 11-1985, f. 9-19-85, ef. 9-20-85
735-108-0020 Bus Safety Warning Lights (1) Transportation Safety adopts SAE Standard J887, School Bus Warning Lamps, August 1987 Edition. (2) For purposes of this rule, school bus warning lamps in compliance with SAE Standard J887 constitutes “bus safety lights” for purposes of ORS 811.515, 816.260, and 816.350. (3) Bus Safety Lights shall be identified by the code “W2” in accordance with SAE Standard J759, Lighting Identification Code. (4) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040 Statutes/Other Implemented: ORS 816.010 & 816.260 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0020 DMV 7-2013, f. & cert. ef. 5-23-13 MV 7-1985, f. 6-14-85, ef. 6-16-85, Renumbered from 735-071-0092
735-108-0030 360-Degree Warning Lights (1) Transportation Safety adopts SAE Standard J845, 360 Degree Warning Lamp for Authorized Emergency, Maintenance and Service Vehicles, January 1984 Edition. (2) For purposes of this rule, a 360-degree warning lamp in compliance with SAE Standard J845 constitutes: (a) “Police lights” for purposes of ORS 816.250 and 816.350; (b) “Mail deliver lights” for purposes of ORS 811.515, 816.270, and 816.350; (c) “Fire department warning lights” for purposes of ORS 816.285 and 816.350; (d) “Ambulance warning lights” for purposes of ORS 820.350; (e) “Public Vehicle warning lights” for purposes of ORS 816.280 and 816.350; (f) “Tow vehicle warning lights” for purposes of ORS 816.280 and 816.350; and (g) “Weighmaster and motor carrier enforcement officer warning lights” for purposes of ORS 816.280 and 816.350. (3) 360-degree warning lamps shall be identified by the code “W” in accordance with SAE Standard J759, Lighting Identification Code. (4) Ambulance warning light types and use also are subject to requirements and specifications established by the Oregon Health Division. (5) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040 Statutes/Other Implemented: ORS 811.515, 816.010 & 816.250 - 816.285 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0030
735-108-0040 Flashing Warning Lights (1) Transportation Safety adopts SAE Standard J595, Flashing Warning Lamps for Authorized Emergency, Maintenance and Service Vehicles, January 1990 Edition. (2) For purposes of this rule, a flashing warning lamp in compliance with SAE Standard J595 constitutes: (a) “Police lights” for purposes of ORS 816.250 and 816.350; (b) “Mail delivery lights” for purposes of ORS 811.515, 816.270, and 816.350; (c) “Fire department warning lights” for purposes of ORS 816.280 and 816.350; (d) “Ambulance warning lights” for purposes of ORS 820.350; (e) “Public vehicle warning lights” for purposes of ORS 816.280; (f) “Tow vehicle warning lights” for purposes of ORS 816.280 and 816.350; and (g) “Weighmaster and motor carrier enforcement officer warning lights” for purposes of ORS 816.280 and 816.350. (3) Flashing warning lamps shall be identified by the code “W” in accordance with SAE Standard J759, Lighting Identification Code. (4) Ambulance warning lamp types and use also are subject to requirements and specifications established by the Oregon Health Division. (5) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040 Statutes/Other Implemented: ORS 811.515, 816.010 & 816.250 - 816.285 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0040
735-108-0045 Gaseous Discharge Warning Lights (1) Transportation Safety adopts SAE Standard J1318, Gaseous Discharge Warning Lamp For Authorized Emergency, Maintenance and Service Vehicles, April 1986 Edition. Gaseous discharge warning lamps are often referred to as “strobe” lights. (2) For purposes of this rule, a gaseous discharge warning lamp in compliance with SAE Standard J1318 constitutes: (a) “Police lights” for purposes of ORS 816.250 and 816.350; (b) “Mail delivery lights” for purposes of ORS 811.515, 816.270, and 816.350; (c) “Fire department warning lights” for purposes of ORS 816.280 and 816.350; and (d) “Ambulance warning lights” for purposes of ORS 820.350. (3) Gaseous discharge warning lamps shall be identified by the following codes in accordance with SAE Standard J579, Lighting Identification Codes, and SAE Standard J1318: (a) For 360-degree warning lamps, the identification codes are: (A) W5-1. Class 1 primary warning lamps for use on authorized emergency vehicles responding to emergency situations; (B) W5-2. Class 2 primary warning lamps for use on authorized maintenance and service vehicles; (C) W5-3. Class 3 primary warning lamps for use on authorized vehicles for identification. (b) For directional warning lamps the identification code is W5. (4) Ambulance warning lamp types and use also are subject to requirements and specifications established by the Oregon Health Division. (5) School bus warning lamp types and use also are subject to requirements and specifications established by the Oregon Department of Education. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 815.030, 816.010 & 816.040 Statutes/Other Implemented: ORS 811.515, 816.010 & 816.250 - 816.285 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 5-1991, f. & cert. ef. 6-18-91
735-108-0050 Spot Lights (1) Transportation Safety adopts SAE Standard J591, Spot Lamps, May 1989 Edition. (2) For purposes of this rule, spot lamps in compliance with SAE Standard J591 constitutes “spot lights” for purposes of ORS 811.515, 816.170, and 816.350. (3) A spot lamp provides a substantially parallel beam of light which can be aimed in any direction by the user. (4) The beam pattern shall be well defined and round or oval in shape. (5) Spot lamps shall be identified by the code “O” in accordance with SAE Standard J579, Lighting Identification Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 815.030, 816.010, 816.040 & 816.170 Statutes/Other Implemented: ORS 811.515, 816.010 & 816.170 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-080-0090 MV 63, f. 10-14-75,ef. 11-11-75
735-108-0060 Auxiliary Driving Lamps for Motor Vehicles (1) Transportation Safety adopts SAE Standard J581, Auxiliary Driving lamps, June 1989 Edition. (2) For purposes of this rule, auxiliary driving lamps in compliance with SAE Standard J581 constitutes “passing lights” for purposes of ORS 811.515 and 816.070. (3) Auxiliary driving lamps supplement the upper beam of a standard headlamp system. (4) Auxiliary driving lamps shall be identified by the code “Y” in accordance with SAE Standard J759, Lighting Identification Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 816.010, 816.040 & 816.060 Statutes/Other Implemented: ORS 811.515, 816.010 & 816.060 History: DMV 3-1997, f. & cert. ef. 1-21-97 MV 1-1987, f. & ef. 2-17-87, Renumbered from 735-164-0060