ORS 820.030
Safety code

  • rules
  • standards
  • tentative draft
  • hearings
  • notice
  • amendment

The Department of Transportation shall make and enforce reasonable rules relating to vehicles described under ORS 820.010 (Vehicles subject to safety regulation) and 820.020 (Vehicles other than worker transport vehicles that are subject to safety regulation). Authority for enforcement of the rules is established under ORS 820.040 (Inspection of vehicles) to 820.070 (Driver violation of worker transport vehicle safety code). The rules shall be embodied in a safety code and the safety code is subject to all of the following:

(1)

The safety code shall establish minimum standards for all of the following aspects of the safety and operation of vehicles described under ORS 820.010 (Vehicles subject to safety regulation) and 820.020 (Vehicles other than worker transport vehicles that are subject to safety regulation):

(a)

For the construction and mechanical equipment of a motor vehicle, including its coupling devices, lighting devices and reflectors, motor exhaust system, rear-vision mirrors, service and parking brakes, steering mechanism, tires, warning and signaling devices and windshield wipers.

(b)

For the operation of a motor vehicle, including driving rules, loading and carrying freight and passengers, maximum daily hours of service by drivers, minimum age and skill of drivers, physical condition of drivers, refueling, road warning devices and the transportation of gasoline and explosives.

(c)

For the safety of passengers in a motor vehicle, including emergency exits, fire extinguishers, first aid kits, means of ingress and egress, side walls, and a tailgate or other means of retaining freight and passengers within the motor vehicle.

(2)

Before formulating a draft of the safety code, the department shall invite the participation of interested state agencies and representative business, farm, labor and safety organizations. These groups may make suggestions relating to the minimum standards to be embodied in the safety code. The department shall consider the suggestions and prepare a tentative draft of the safety code.

(3)

The following apply to hearings on a tentative draft under this section:

(a)

Upon the fixing of dates and places for hearings to consider the tentative draft, the department:

(A)

Shall cause notices of the hearings to be published in one or more daily newspapers of general circulation published and circulated in the City of Portland and in such other newspapers of general circulation in this state as will give wide notices of the hearings; and

(B)

Shall cause copies of the tentative draft to be widely distributed among representative business, farm, labor and safety organizations and among interested individuals.

(b)

Any individuals or groups may participate in the hearings, and submit their comments and suggestions relating to the minimum standards embodied in the tentative draft.

(4)

Notice of the adoption and issuance of the safety code shall be given in the same manner as notices of the hearings.

(5)

The department shall cause copies of the safety code and amendments thereto to be widely distributed among interested state agencies, among representative business, farm, labor and safety organizations and among interested individuals.

(6)

The department may amend the safety code at any time upon its own motion or upon complaint by any individual or group, in the same manner as the safety code was prepared, adopted and distributed under this section.

(7)

No defect or inaccuracy in a notice or in the publication thereof shall invalidate the safety code or any amendment thereto adopted and issued by the department. [1983 c.338 §740; 1985 c.16 §356]

Source: Section 820.030 — Safety code; rules; standards; tentative draft; hearings; notice; amendment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors820.­html.

Notes of Decisions

Under former similar statute

Failure of operator of a worker transport bus to have flashing red lights in operation on the rear of the bus was as a matter of law not negligent since the Motor Vehicles Division had not as yet changed its regulations from prohibiting to either authorizing or requiring such lights on worker transport buses. Lasley v. Dorsey Bus Co., 271 Or 228, 531 P2d 278 (1975)

820.010
Vehicles subject to safety regulation
820.020
Vehicles other than worker transport vehicles that are subject to safety regulation
820.030
Safety code
820.040
Inspection of vehicles
820.050
Orders regarding noncomplying vehicles or drivers
820.060
Safety requirement
820.070
Driver violation of worker transport vehicle safety code
820.100
Adoption of safety standards for construction and equipment of school vehicles
820.105
School bus stop arms
820.110
Rules and standards for driver qualification and training and accident reports
820.120
Rules and standards for school vehicle inspection
820.130
School bus registration
820.140
Revocation of registration
820.150
Rules and standards for exemption of certain vehicles from Oregon Vehicle Code
820.160
Illegal display of school bus markings
820.170
Improper school bus markings
820.180
Unsafe school vehicle operation
820.190
Minor operating school vehicle
820.200
Minor operating public passenger vehicle
820.210
Registration exemptions for golf carts and similar vehicles
820.220
Operation of low-speed vehicle in prohibited area
820.300
Exemptions from traffic laws
820.320
Illegal operation of emergency vehicle or ambulance
820.330
Failure to make, maintain and make available ambulance records
820.340
Contents of ambulance records
820.350
Ambulance warning lights
820.360
Illegal ambulance lighting equipment
820.370
Ambulance or emergency vehicle sirens
820.380
Illegal ambulance or emergency vehicle sirens
820.400
Unlawful operation of implement of husbandry
820.520
Travel or special use trailer assessed as manufactured structure
820.570
Violating trip permit requirements for manufactured structures
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