ORS 815.125
Requirements and standards

This section establishes requirements for ORS 815.130 (Improper brakes). Except as specifically provided by an exemption under ORS 815.135 (Exemptions from brake requirements), a vehicle or combination of vehicles is in violation of ORS 815.130 (Improper brakes), if the vehicle or combination of vehicles is not equipped with brakes as required under the following or if the brakes do not meet the standards described under the following:

(1)

Motorcycles and mopeds shall be provided with at least one brake that may be operated by hand or foot.

(2)

Motor vehicles other than mopeds or motorcycles shall be equipped with brakes that include two separate means of applying the brakes. Each of the separate means of applying the brakes shall be effective to apply the brakes to at least two wheels and, if the separate means of applying the brakes are connected in any way, shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

(3)

A combination of vehicles that includes a motor vehicle and any other vehicle shall be equipped with a brake system on one or more of the vehicles.

(4)

Brakes on any vehicle must be adequate to control movement of and to stop and to hold the vehicle or combination of vehicles.

(5)

Brakes on any vehicle must be maintained in good working order.

(6)

Every motor vehicle and combination of motor vehicles except mopeds or motorcycles shall at all times be equipped with a parking brake system. A parking brake system required by this subsection must meet all the following requirements:

(a)

The system must be adequate to hold the vehicle or combination of motor vehicles on any grade where operated under any condition of loading on a surface free from ice or snow.

(b)

The system shall at all times be capable of being applied by either the driver’s muscular effort, by spring action or by other energy. This paragraph is violated if the method for applying the system is not sufficient to make the system hold a vehicle as required by this subsection.

(c)

If the system is applied by an energy source, the source must be isolated from other uses and used exclusively for the operation of the system.

(d)

The method for keeping the brakes applied must be other than by fluid pressure, air pressure or electric energy.

(e)

The system shall be designed so that the brakes cannot be released unless they may be immediately reapplied.

(7)

Brakes on vehicles of the following described weight must be able to stop the vehicle moving at the described speed within the described distance without leaving a 12-foot-wide lane:

(a)

Vehicles with a registration weight of less than 8,000 pounds must be able to brake from a speed of 20 miles per hour to a stop within 25 feet.

(b)

Vehicles with a registration weight of 8,000 pounds or more and combinations of vehicles must be able to brake from a speed from 20 miles per hour to a stop within 35 feet. [1983 c.338 §472; 1985 c.16 §247]

Source: Section 815.125 — Requirements and standards, https://www.­oregonlegislature.­gov/bills_laws/ors/ors815.­html.

Notes of Decisions

Under former similar statute

If a party is in violation of a motor vehicle equipment statute, he is negligent as a matter of law unless he introduces evidence from which trier of fact could find that party was acting as a reasonably prudent person under the circumstances. Freund v. DeBuse, 264 Or 447, 506 P2d 491 (1973)

Where driver admitted operation of loaded truck with defective brakes in violation of this section, in absence of showing of “legitimate excuse,” driver was negligent as matter of law. Gray v. Lahl, 284 Or 111, 585 P2d 664 (1978)

815.005
Consistent parts and equipment authorized 815.010
Compliance with standards for equipment 815.015
Department inspection of vehicles for compliance 815.020
Operation of unsafe vehicle 815.025
Causing unreasonable noise with vehicle 815.030
State vehicle equipment standards 815.035
Rules for standards for roadside warning devices 815.040
Standards for window and windshield material 815.045
Rules for use of traction tires, retractable studded tires and chains 815.052
Rules establishing standards for protective headgear 815.055
Rules establishing standards for safety belts, harnesses and child safety systems 815.060
Rules establishing standards for slow-moving vehicle emblems 815.065
Rules establishing standards for hydraulic brake fluid 815.070
Road warning signals for tow vehicles or wreckers 815.075
Selling vehicles or equipment that violates rules 815.080
Providing safety belt, harness or child safety system that does not comply with standards 815.085
Servicing with or selling unapproved brake fluid 815.090
Replacement of vehicle windows with unapproved material 815.095
Unlawful sales, installations or representations concerning pollution control systems 815.097
Providing vehicle with mercury light switch 815.100
Operation of vehicle that violates equipment rules 815.105
Exemptions from equipment requirements 815.107
Exemption from equipment requirements for street rods 815.109
Exemption from equipment requirements for racing activity vehicles 815.110
Requirements for and use of slow-moving vehicle emblem 815.115
Violation of emblem requirements 815.120
Exemptions from emblem requirements 815.125
Requirements and standards 815.130
Improper brakes 815.135
Exemptions from brake requirements 815.140
Failure to use vehicle traction tires or chains 815.142
Failure to carry vehicle traction tires or chains 815.145
Exemptions from traction tire or chains requirement 815.155
Unlawful use of device without wheels 815.160
Unlawful use of metal objects on tires 815.165
Exemptions from prohibition on tires with metal objects 815.167
Prohibition on selling studs other than lightweight studs 815.170
Operation without pneumatic tires 815.175
Exemptions from pneumatic tire requirement 815.180
Standards 815.182
Kinds of fenders or mudguards required for specified vehicles 815.185
Operation without proper fenders or mudguards 815.190
Exemptions from mudguard and fender requirements 815.195
Requirements and standards 815.200
Violation of visible emission limits 815.205
Exemptions from visible emission limits 815.210
Operation of vehicle without approved material in windows 815.215
Failure to have windshield wipers 815.220
Obstruction of vehicle windows 815.221
Tinting 815.222
Illegal window tinting 815.225
Violation of use limits on sound equipment 815.230
Violation of sound equipment requirements 815.232
Unreasonable sound amplification from a vehicle 815.233
Enhancement of penalty for violation of ORS 815.232 815.235
Operation without rearview mirror 815.237
Forward crossview mirror 815.240
Unlawful use of image display device 815.245
Violation of minimum clearance requirements for passenger vehicles 815.250
Operation without proper exhaust system 815.255
Operation of vehicle for hire without speedometer 815.260
Operation of recreational vehicle with unsealed disposal system 815.270
Operating vehicle that is loaded or equipped to obstruct driver 815.275
Failure to mark end of load with light or flag when required 815.280
Violation of bicycle equipment requirements 815.281
Selling noncomplying bicycle headgear 815.282
Operating motorized wheelchair on bicycle lane without proper lighting equipment 815.283
Violation of motor assisted scooter equipment requirements 815.284
Violation of electric personal assistive mobility device equipment requirements 815.285
Failure to carry roadside vehicle warning devices 815.290
Exemptions from equipment requirements 815.295
Failure to have required pollution control equipment 815.300
Exemptions from requirement to be equipped with pollution control system 815.305
Disconnection or alteration of pollution control equipment 815.310
Proof of compliance with requirements 815.315
Use of improper certificate for pollution control system 815.320
Unlawful certification of compliance with pollution control requirements 815.325
Unlawfully requiring repair for certification of compliance with pollution control requirements 815.405
Department review of odometer disclosure statements 815.410
Illegal odometer tampering 815.415
Unlawful repair of odometer 815.420
Unlawfully removing odometer repair notice 815.425
Failure to submit odometer disclosure 815.430
Submitting false odometer disclosure 815.440
Unauthorized possession, use or distribution of traffic control signal operating device 815.445
Authority to use traffic control signal operating devices 815.555
Tampering with a vehicle metering system
Green check means up to date. Up to date

Current through early 2024

§ 815.125’s source at oregon​.gov