Rules of the Road for Drivers

ORS 811.205
Carrying minor on external part of vehicle

  • penalty


(1)

A person commits the offense of carrying a minor on an external part of a motor vehicle if the person carries any person under 18 years of age upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

(2)

For purposes of this section, the open bed of a motor vehicle is an external part of a motor vehicle.

(3)

A person does not commit the offense described in this section if the person:

(a)

Is carrying a minor in the open bed of a motor vehicle and the minor is secured with a safety belt or safety harness that complies with rules adopted under ORS 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems);

(b)

Is operating the motor vehicle in an organized parade; or

(c)

Is carrying a minor who is seated on the floor of the open bed of a motor vehicle in which all available passenger seats are occupied by minors, the tailgate is securely closed and the minor is being transported:

(A)

In the course and scope of employment, provided that the minor is transported in compliance with law and rules regulating the transport of workers; or

(B)

(i) Between a hunting camp and a hunting site or between hunting sites during hunting season; and

(ii)

The minor has a hunting license.

(4)

The offense described in this section, carrying a minor on an external part of a motor vehicle, is a Class B traffic violation. [1983 c.338 §604; 1995 c.383 §53; 2003 c.107 §1]
Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021