ORS 801.026
General exemptions
- exceptions
(1)
Persons, motor vehicles and equipment employed or used by a public or telecommunications utility, electric cooperative or by the United States, this state or any political subdivision of this state are exempt from the provisions of the vehicle code specified in subsection (3) of this section while on a highway and working or being used to service, construct, maintain or repair the facilities of a utility.(2)
Persons, motor vehicles and equipment employed or being used in the construction or reconstruction of a street or highway are exempt from the provisions of the vehicle code specified in subsection (3) of this section if:(a)
They are within the immediate construction project as described in the governmental agency contract, if there is a contract; and(b)
The work is being done in an area that is signed in accordance with the manual adopted under ORS 810.200 (Uniform standards for traffic control devices).(3)
Persons, motor vehicles and equipment described in subsections (1) and (2) of this section are exempt from provisions of the vehicle code relating to rules of the road as described in ORS chapter 811, except that this subsection does not apply to:(a)
Reckless driving, as defined in ORS 811.140 (Reckless driving).(b)
Driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants).(c)
Failure to perform the duties of a driver involved in a collision, as described in ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons).(d)
Criminal driving while suspended or revoked, as defined in ORS 811.182 (Criminal driving while suspended or revoked).(e)
Fleeing or attempting to elude a police officer, as defined in ORS 811.540 (Fleeing or attempting to elude police officer).(f)
The provisions of ORS 811.145 (Failure to yield to emergency vehicle or ambulance), 811.155 (Failure to stop for bus safety lights), 811.170 (Violation of open container law) and 811.175 (Violation driving while suspended or revoked).(4)
Motor vehicles and equipment being used in the area and in the manner described in subsection (2) of this section are also exempt from the provisions of the vehicle code relating to vehicle size and weight to the extent set out in the governmental agency contract.(5)
Devices moved exclusively on stationary rail tracks are exempt from the vehicle code.(6)
Devices that are powered exclusively by human power are not subject to those provisions of the vehicle code that relate to vehicles. Notwithstanding this subsection, bicycles are generally subject to the vehicle code as provided under ORS 814.400 (Application of vehicle laws to bicycles).(7)
The exemptions in subsection (3) of this section do not apply to the persons and vehicles when traveling to or from the facilities or construction project. [1989 c.400 §2 (enacted in lieu of 801.025); 1999 c.1051 §82; 2018 c.22 §5]
Source:
Section 801.026 — General exemptions; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors801.html.
Notes of Decisions
Human powered devices other than bicycles are exempt from entire vehicle code, not just specified portions of code. State v. Smith, 184 Or App 118, 55 P3d 553 (2002)
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