Oregon OHV laws

quad daddy · Joined: 07 Nov 2008 Posts: 18

801.190 “Class I all-terrain vehicle.” “Class I all-terrain vehicle” means a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 800 pounds or less that travels on three or more low pressure tires, has a saddle or seat for the operator and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain. [1985 c.459 §2; 1995 c.775 §9; 1997 c.228 §1]

801.193 “Class II all-terrain vehicle.” “Class II all-terrain vehicle” means any motor vehicle that:
(1) Weighs more than a Class I all-terrain vehicle;
(2) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain; and
(3) Is actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191. [1987 c.587 §2; 2005 c.227 §1; 2007 c.207 §1]

801.194 “Class III all-terrain vehicle.” “Class III all-terrain vehicle” means an off-highway motorcycle with a dry weight of 600 pounds or less that travels on two tires. [1989 c.991 §2]

Class 1 Permits

Class I Permit (Quads, 3 wheelers)
Defined:

For vehicles 50" wide or less, and ...
Dry weight of 800 pounds or less.
Have saddle or seat.
Travels on three or four tires.
Meet the safety equipment standards for off road vehicles.

Operator requirements:

Operators with a suspended or revoked drivers license may not operate any class I, II, or III ATV.
Youth under age 16 must be supervised by an adult who is able to provide immediate assistance and direction to the children, and ...
Youth and any passengers under age 18 must wear a helmet with the chin strap fastened.

Starting January 1, 2009 a Class I operator (quad rider), under the age of 16, must meet all the following minimum physical size requirements (Rider Fit) in relationship to the vehicle:
1. Brake Reach: With hands placed in the normal operating position and fingers straight out, the first joint (from the tip) of the middle finger will extend beyond the brake lever and clutch.
2. Leg Length: While sitting and with their feet on the pegs, the knee must be bent at least 45 degrees.
3. Grip Reach: While sitting upright on the quad with hands on the handle bars and not leaning forward, there must be a distinct angle between the upper arm and the forearm, and;
4. The rider must be able to turn the handle bars from lock to lock while maintaining grip on the handle bars and maintaining throttle and brake control.
5. Disabled riders are allowed to use prosthetic devices or modified or adaptive equipment to achieve rider fit.

Starting January 1, 2009, all youth under age 16 must complete on-line safety training. In addition, all youth under age 16 operating a Class I or Class III ATV on public lands must be supervised by an adult who is at least 18 years old and holds a valid ATV Safety Education Card. Therefore, any adult supervising a youth under age 16 must also complete the on-line safety training course starting on January 1, 2009.

Permit fee: $10 (Most permit agents charge an extra .50)
Permit agents: See the latest permit agent list.

Class 2 Permits

Class II Permit
(4x4s, Side x Sides)
Defined:

Weighs more than a Class I all-terrain vehicle
Meet the safety equipment standards for off road vehicles.

Operator requirements:

A valid driver´s license.
Operators with a suspended or revoked drivers license may not operate any class I, II, or III ATV.
Check with law enforcement officials in the area you wish to ride for any special requirements.
Uninsured Class II off-road vehicles should contact Department of Motor Vehicles for more information.
Permit fee: $10 (Most permit agents charge an extra .50)
Permit agents: See the latest permit agent list.

Class 3 Permits

Class III Permit (Motorcycles)
Defined:

For vehicles riding on two tires
Dry weight of less than 600 pounds.
Meet the safety equipment standards for off road vehicles.

Operator requirements:

Must be at least 7 years of age
Youth under age 16 must be supervised by an adult over age 18 who is able to provide immediate assistance and direction to the children, and ...
Youth and any passengers under age 18 must wear a helmet with the chin strap fastened.
Operators with a suspended or revoked drivers license may not operate any class I, II, or III ATV.

Starting January 1, 2009, all youth under age 16 must complete on-line safety training. In addition, all youth under age 16 operating a Class I or Class III ATV on public lands must be supervised by an adult who is at least 18 years old and holds a valid ATV Safety Education Card. Therefore, any adult supervising a youth under age 16 must also complete the on-line safety training course starting on January 1, 2009.

Permit fee: $10 (Most permit agents charge an extra .50)
Permit agents: See the latest permit agent list.

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The Oregon Administrative Rules contain OARs filed through November 14, 2008

PARKS AND RECREATION DEPARTMENT

DIVISION 4
DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS
TO PUBLIC AND PRIVATELY OWNED LAND
MANAGERS, ATV CLUBS AND ORGANIZATIONS
736-004-0005
Purpose of Rule
This rule establishes the procedures and requirements used by the Oregon Parks and Recreation Department (OPRD) when allocating ATV Account Fund monies to public and privately owned land managers, ATV clubs and organizations; procedures for All-Terrain Vehicle (ATV) off-road operating permit; and implementation of safety and education requirements for Class I and Class III off-highway vehicles.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0010
Statutory Authority
(1) ORS 390.585 authorizes the Oregon Parks and Recreation Department to adopt rules and establish procedures to be used when OPRD allocates ATV Account Fund money to public and privately owned land managers, ATV clubs and organizations.
(2) OAR 736-004-0045 through 736-004-0070 are adopted pursuant to ORS 390.580, 390.585, and 390.590 which direct the Oregon Parks and Recreation Department to issue Class I and Class III Operating Permits to persons who satisfy the statutory requirements to ride on public property.
(3) OAR 736-004-0080 through 736-004-0115 are adopted pursuant to ORS 390.570 and 390.575 which direct the Oregon Parks and Recreation Department to issue or provide for issuance of Class I and Class III ATV operator permits to any person who has taken a Class I or Class III OPRD-approved ATV safety education course and has been found qualified to operate a Class I or Class III all-terrain vehicle. These statutes require the Department to provide safety education course instructors through public or private local and state organizations meeting qualifications established by the Department.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0015
Definitions
For purposes of this Division, the following definitions shall apply:
(1) "Acquisition" means the gaining of real property rights for public use by donation or purchase, including but not limited to, fee title or easements.
(2) “Approved Course Provider” is any individual or organization who instructs or provides an OPRD-approved Class I or Class III ATV safety course.
(3) "ATV" or “All-Terrain Vehicle” means:
(a) Class I ATV, as defined in ORS 801.190: a motorized, off-highway recreational vehicle 50 inches or less in wideth with a dry weight of 800 pounds or less that travels on three or more low pressure tires, has a saddle or seat for the operator, and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain.
(b) Class II ATV, as defined in ORS 801.193: any motor vehicle that:
(A) Weighs more than a Class I all-terrain vehicle;
(B) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain; and
(C) Is Actually being operated off a highway or is being operated on a highway for agricultural purposes under ORS 821.191.
(c) Class III ATV, as defined in ORS 801.194: an off-highway motorcycle with a dry weight of 600 pounds or less that travels on two tires.
(d) May also be referred to as an OHV or Off-Highway Vehicle.
(4) "ATV-AAC" means the All-Terrain Vehicle Account Allocation Committee appointed by the commission to advise OPRD on the allocation of ATV funds.
(5) "ATV Account Fund" means those funds derived from ATV operating permit sales and a percentage of unrefunded gasoline tax dollars related to ATV use. ATV Account Fund may also be called "ATV grant funds."
(6) "ATV Grant Instruction Manual" means a manual prepared by the OPRD containing state and federal policies, procedures, guidelines, and instructions to assist current and potential project sponsors.
(7) “ATV Operating Permit” means a permit (decal) issued through the OPRD and which is permanently affixed to the vehicle. The permit authorizes the use of ATV’s on trails and within designated areas authorized by the appropriate authorities.
( Cool

"ATV Operating Permit Agent" means a person, business or government agency to whom OPRD consigns ATV operating permits and decals for sale as a service to the general public.
(9) “ATV Operator Permit” means the ATV Safety Education Card issued upon completion of an OPRD-approved ATV Safety Education course and passage of the minimum standards test of ATV Safety Education competency as established by OPRD.
(10) “ATV Safety Checklist” is a document provided to a dealer, guide service, rental, or livery agent by the OPRD that consists of selected facts about Oregon ATV laws.
(11) “ATV Safety Course” is any OPRD-approved course of instruction that is offered by an approved course provider and concludes with an examination.
(12) “ATV Safety Education” means those grant projects that include but are not limited to training programs, media with information for the public, safe riding practices, environmental ethics, or any combination thereof.
(13) “All Terrain Vehicle Safety Education Card” is the ATV Operator’s Permit required by ORS 390.570 and 390.575.
(14) "Commission" means the Oregon Parks and Recreation Commission.
(15) "Conversion" means any real property acquisition or development that is later wholly or in part converted to another use other than its intended and stated use as described in the grant application and the grant agreement.
(16) “Correspondence Course and Self Test” means either a Class I or a Class III ATV safety course and examination provided by the OPRD that is taken at home without a proctor. This correspondence course and self test will satisfy minimum standard of ATV safety education competency only for those individuals who have qualified for hardship status.
(17) “Dealer” means any person or business duly certified under ORS 822.020 and 822.040 to sell Class I or Class III ATV’s.
(1 Cool

"Development" means the planning, design, construction and improvement of ATV recreational facilities, trails, and riding areas.
(19) "Director" means the director of the Oregon Parks and Recreation Department.
(20) "Dry Weight" means the unloaded weight, absent of all fluids, passengers, and any materials such as ice, snow or mud.
(21) “Emergency Medical Services” means medical services performed by certified personnel and the necessary items to perform their duties.
(22) “Endorsement Code” means an identifying color or mark on the ATV Safety Education Card that indicates whether the operator has successfully passed either the internet on-line education program or a hands-on education program.
(23) “Equivalency Exam” means a comprehensive written examination created by the OPRD. The equivalency exam is intended to provide either Class I or Class III operators, who are at least 16 years of age and have five or more years operating a Class I or a Class III vehicle, the opportunity to meet the minimum standard of ATV safety education competency without having to take an ATV safety education course.
(24) "Grant Agreement" means an agreement between the OPRD and a project sponsor describing the terms and conditions of a project and its associated grant of funds.
(25) "Grant Application" means the form and its format as developed by the OPRD that the project sponsor uses to request ATV grant funds.
(26) “Hands-on Training” means any OPRD-approved course of instruction that is offered by an OPRD-approved course provider and that provides the rider training opportunities that include appropriate all-terrain vehicles and their use on different physical terrains.
(27) “Hardship Status” means a situation or condition that prevents an individual from attending an approved safety course or taking an equivalency exam in person within a reasonable amount of time or within reasonably close proximity to the individual’s place of residence. The situation or condition must also keep the individual from taking an approved Internet course. A hardship situation may allow an individual to utilize a correspondence course and self test provided by the OPRD to meet the minimum standard of safety education competency. An individual must submit a written request for hardship status. The OPRD Director or designee has the authority to grant or deny hardship status.
(2 Cool

“Internet Course” means an OPRD-approved course of instruction that is offered through the internet.
(29) “Law Enforcement Services” means law enforcement services performed by certified personnel and the necessary items to perform their duties.
(30) “Minimum Standards of ATV Safety Education Competency” means a standard of proficiency established by the OPRD that determines whether an applicant for either a Class I or Class III ATV Safety Education Card has met or exceeded the requirements of an ATV safety course.
(31) "OHV" means Off Highway Vehicle, also called ATV.
(32) “Operations and Maintenance” means the preservation, rehabilitation, restoration, operation and upkeep of the facilities, riding areas, and equipment, including the purchase of equipment necessary to perform these functions.
(33) "OPRD" means the Oregon Parks and Recreation Department.
(34) "Personal Property" means tangible property other than land: movable property including but not limited to items such an ATV, trail repair equipment, or other movable property purchased through the ATV Grant Program.
(35) "Planning" means the research, design, engineering, environmental, and site survey of ATV recreation areas, trails, or facilities.
(36) "Project Authorization" means the grant agreement as signed by the Director or their designee and the project sponsor that authorized the project.
(37) "Project Sponsor" means the recipient of the grant funds and the responsible party for implementation of the project.
(3 Cool

“Public Lands” includes publicly and privately owned land that is open to the general public for the use of all-terrain vehicles.
(39) "Real Property" means immovable property: land together with all the property on it that cannot be moved, together with any attached rights.
(40) “Rider Fit” means the minimum physical size requirements that a Class I ATV operator under the age of 16 must meet in relationship to the vehicle to be operated as established by the OPRD and described in OAR 736-004-0115.
(41) "Saddle" means any device attached to the vehicle which is used for seating.
(42) "Successor" means a governmental entity that has agreed to accept the terms and conditions of the project sponsor's responsibilities as contained in the project sponsor's grant agreement and grant application should the project sponsor cease to exist; for example, if a club or non-profit organization should dissolve or disband. The successor shall agree to operate the project continuously for the public benefit and recreational purposes identified in the grant agreement and the grant application. If OPRD is a successor under OAR 736-004-0025(1)(e), OPRD may operate, sell, or qualify another successor to the project.
(43) "Sustainability" means using, developing, protecting, and managing the resource in a manner that enables people to meet current and future generation needs from the multiple perspective of environmental, economic, and community objectives.
(44) “Temporary ATV Safety Education Card” is a document issued by the OPRD or an approved course provider allowing the bearer to operate a Class I or Class III ATV in Oregon for a period of time not to exceed 30 days.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 6-2007, f. & cert. ef. 7-31-07; PRD 8-2008, f. & cert. ef. 10-15-08
ATV Grant Program
736-004-0020
Apportionment of Monies
(1) Monies in the All-Terrain Vehicle Account Fund shall be used for the following purposes:
(a) Planning, promotion and implementation of a statewide ATV program including, but not limited to, acquisition, development and maintenance of ATV recreation areas;
(b) Education and safety training for ATV trainers and operators;
(c) Law enforcement and emergency services;
(d) Costs of developing, implementing, and promoting new programs for ATV users and advising the public of areas available for all-terrain vehicle use;
(e) Costs of coordinating between ATV user groups and the managers of public and private lands;
(f) Costs of providing consultation and guidance to ATV user programs; and
(g) Costs of administration of ATV programs, including, but not limited to staff support requested by the ATV-AAC.
(2) The ATV-AAC will review ATV project applications and recommend the allocation of ATV Account Funds to the commission.
(3) The ATV-AAC will review the budget for the ATV Account Fund each biennium. The ATV-AAC will recommend budget priorities to the commission.
Stat. Auth.: ORS 390.180, 390.585,
Stats. Implemented: ORS 390.180, 390.560
Hist.: PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0025
Grant Application Eligibility and Requirements
(1) Eligibility for funding assistance:
(a) Public agencies: Federal land managers, state agencies, and local governments that have the responsibility, or are capable of, providing a service to ATV users;
(b) Private land owners or managers: Private land owners or managers who offer public OHV recreation opportunities and will provide open public ATV recreation for a minimum prescribed period of daily or seasonal time and who will maintain the opportunity for a prescribed period of time as determined by OPRD;
(c) Clubs and non-profit organizations: ATV clubs and non-profit organizations registered with the State of Oregon for a minimum of three consecutive years;
(A) Clubs and non-profit organizations shall have in place, prior to receipt of any funding, a written agreement with a successor in which the successor agrees to operate the facility as described in the grant agreement and the grant application should the club or non-profit organization cease to exist, for example, due to disbanding or dissolution; or
(B) OPRD shall be listed on the title as successor to the property:
(i) OPRD may sell the property and shall deposit the net revenue from the sale into the ATV Account Fund;
(ii) OPRD may operate the project; or
(iii) OPRD may qualify and assign another successor to the project.
(2) ATV Projects or components not eligible for funding:
(a) Overtime is generally not eligible for funding except for an identified emergency situation;
(b) Overhead items such as office or building rent, insurance, depreciation and other fixed costs associated with the normal everyday operation of a business, agency or group;
(c) ATV projects that have no way to measure completion or specific intent are not eligible;
(d) Portions of projects completed prior to an ATV agreement or after the expiration of an ATV agreement;
(e) ATV projects that do not meet the goals of the ATV Grant Program or are not in the best interest of ATV recreation;
(f) Vehicle or other personal property usage unrelated to the scope of the ATV project.
(3) Requirements for Match:
(a) The minimum match required for eligible ATV projects is 20 percent of the total project cost except for land acquisitions;
(b) For land acquisitions and when unusual circumstances exist, public agencies may request a partial or full waiver of the 20 percent match requirement. Consideration for the waiver will be based upon the following criteria:
(A) The public agency is able to demonstrate due diligence was exercised in obtaining other funds and that the following limitations, among others, are present:
(i) Budget authority does not exist;
(ii) Budget appropriations cannot be obtained in a reasonable time yet public support does exist; and
(iii) No saleable assets, such as conservation easements, exist from which to generate the full cash match requirement.
(B) The public agency is able to demonstrate their ability to operate and maintain the project property for ATV recreational purposes:
(i) By having budgeted funds in place; or
(ii) Having identified other resources such as volunteers or contracted services.
(C) The public agency is able to demonstrate that time is of the essence:
(i) The seller of the real property has placed time limits in which the public agency can affect a purchase, such as the expiration of an Option to Purchase or a First Right of Refusal; or
(ii) The public agency can identify the possible loss of other existing matching funds such as grants from other entities that may have an expiration date.
(D) If a waiver to the required partial or full match is approved, the public agency shall be limited in all future grant requests to receiving ATV grant funds in an amount of 50 percent or less of the total costs for any development projects located on the acquired property.
(c) Match may include, but is not limited to, cash funds, labor, either force account or volunteer, materials, and equipment;
(d) Grants from other sources may be used as match provided the sponsor can certify the funds will be available within 120 days from the beginning date of the ATV project agreement;
(e) Eligible volunteer labor will require a log that includes the volunteer's name, date volunteer performed work, location volunteer performed work, the hours worked, and the hourly rate of compensation used for their contribution of labor.
(4) Conversions:
(a) It is the intent of the ATV Grant Program that all real property acquisitions or easements shall be retained and used for the project's intended and stated use as described in both the grant application and the grant agreement;
(b) The director has authority to disapprove conversion requests, reject proposed substitutions, or both;
(c) The project sponsor shall submit requests for conversions to the OPRD in writing. The OPRD may consider the request if the following prerequisites are met:
(A) All practical alternatives to a conversion have been evaluated and rejected on a sound basis;
(B) The project sponsor has established the fair market value of the property to be converted and the property proposed for substitution is of at least equal fair market value as established by a state-approved appraisal (prepared in accordance with uniform Federal appraisal standards) excluding the value of structures or facilities that will not directly enhance its ATV recreation utility;
(C) The project sponsor proposes a replacement property that is of reasonably equivalent usefulness and location as that being converted.
(d) If the project sponsor is unable to provide replacement property within 24 months of either the approved request for conversion or after the fact of conversion, the project sponsor shall pay the OPRD a current amount equal to the OPRD's original percentage of contribution to the project. As an example, if the OPRD provided an original grant of 80 percent for the project's acquisition costs, the project sponsor will be required to reimburse the OPRD 80 percent of the real property's value at the time of conversion or discovery of conversion, whichever is later;
(e) In the case of development, rehabilitation, and equipment purchases, the project sponsor shall operate the improvements or equipment for its established useful life. Guidelines established by the IRS will be used by the project sponsor to define useful life per each item. If the facility is closed, service is terminated and the facility or equipment has not reached its useful life, it will be made available to other agencies or organizations. If a facility is closed, service is terminated, or land is closed, or the facility or equipment has not reached its useful life, a percentage of the allocated funds will be returned to the OPRD equal to the percentage of useful life remaining in the funded facility or equipment.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 6-2007, f. & cert. ef. 7-31-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0030
Project Administration
(1) Applications:
(a) A current ATV grant application is required for consideration of ATV funding;
(b) Information regarding application deadlines and public meetings will be provided through available media sources and on the OPRD — ATV website;
(c) Applicants must submit applications by published deadlines;
(d) Applications will be reviewed by the OPRD and the ATV-AAC;
(e) The ATV-AAC will recommend ATV project funding to the commission.
(2) Agreements:
(a) To authorize an ATV Project, OPRD requires a signed ATV Grant Agreement;
(b) A project sponsor may not begin work on an ATV project without a Notice to Proceed.
(c) OPRD, upon written request by the project sponsor, may approve, in writing, that some match may be considered and allowed prior to commencement of the project.
(3) If funds are not available to fully fund a project, or partial funding has been recommended by the ATV-AAC, the sponsor may be given the option of reducing the scope of the project.
(4) If the project sponsor anticipates the project will not be completed by the expiration date of the ATV grant agreement, the project sponsor must make a timely written request for an extension of the ATV grant agreement prior to the expiration date of the project agreement. The time extension request shall include any reasons for delay of project completion and a new projected completion date.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 5-2000, f. 5-3-00, cert. ef. 5-5-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 6-2007, f. & cert. ef. 7-31-07; PRD 8-2008, f. & cert. ef. 10-15-08
ATV Operating Permit Agents
736-004-0045
ATV Operating Permit Agent Application and Privileges
(1) To become an ATV Operating Permit Agent an applicant shall:
(a) Submit an application in a form provided by OPRD to become an ATV Operating Permit Agent;
(b) Submit a surety bond in an amount determined by OPRD when 250 or more permits are to be ordered at a time.
(c) Enter into an OPRD agreement to be designated as an ATV Operating Permit Agent.
(2) OPRD may consign ATV operating permits to an ATV Operating Permit Agent without prepayment.
(3) OPRD will establish by policy an amount the ATV Operating Permit Agent may retain for each permit issued in addition to the regular costs of the permit, to cover the agent's costs to handle the permits.
(4) ATV Operating Permit Agents shall legibly complete each ATV operating permit with the required information.
(5) OPRD may cancel an agent's authority to act as an ATV Operating Permit Agent at any time.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 8-2000, f. & cert. ef. 6-2-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
ATV Operating Permits
736-004-0060
ATV Operating Permit
(1) An ATV operating permit shall be in the form of a decal valid for a two-year period from the date of issue to be placed on the vehicle as determined in OAR 736-004-0065. All ATV operating permits shall include on the decal:
(a) The distinctive number or characters assigned by OPRD to the vehicle;
(b) The word "Oregon"; and
(c) The expiration date.
(2) The application for an ATV off-road operating permit shall be in a form as prescribed by OPRD and shall include.
(a) The name and address of the owner of the ATV; and
(b) The make and body style of the ATV for which application is made.
(3) To replace a permit that is lost, destroyed, mutilated or needs to be replaced for any reason, the owner must:
(a) Apply for a new permit in the same manner as for an original permit; and
(b) Pay the fee for a replacement ATV Operating Permit.
(4) The fee for an original or replacement ATV Operating Permit is $10.00.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 8-2000, f. & cert. ef. 6-2-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0062
Ocean Shores Operating Permit
(1) A person may not operate a Class I all-terrain vehicle on the ocean shore unless the person obtains an Ocean Shores ATV Operating Permit from OPRD.
(2) The operator must, in addition to the Ocean Shores ATV Operating Permit, hold a current ATV Safety Education Card issued under ORS 390.570 and the vehicle must have a current operating permit issued under ORS 390.580.
(3) The Ocean Shores ATV Operating Permit is to be used only to meet the transportation needs of:
(a) Individuals with disabilities, as defined by ORS 174.107; or who have proof of motor vehicle disabled placard, or both.
(b) Emergency response or emergency aid workers during the course of their work; or
(c) Biologists, wildlife monitors, or other natural resources workers during the course of their work.
(4) Except for subsections (3)(b) and (c) the Ocean Shores ATV Operating Permit only allows the operator to ride in those ocean shore areas where and when other authorized motorized vehicles are allowed.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.729
Hist.: PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0065
Placement of ATV Off-Road Operating Permit
(1) An ATV off-road operating permit shall be in the form of a decal to be permanently affixed to the vehicle for which it is issued, and must be clearly visible.
(2) Placement of the permit shall be as follows:
(a) For quads, three-wheelers, or vehicles of a similar design, the permit shall be displayed on the right-hand side of the vehicle in a visible location;
(b) For jeeps, pickups, passenger cars and similar vehicles, the permit shall be displayed in a manner that makes it visible from the rear of the vehicle, such as on the bumper or in the rear window;
(c) On sandrail vehicles (dune buggies) the permit shall be displayed in the middle of the rear rollbar and be visible from the rear of the vehicle; and
(d) For vehicles that are similar in design to motorcycles and where it is not possible to display the permit as required in sections (2) or (3) of this rule, the permit shall be displayed:
(A) On the front fork tube, on the opposite side of the vehicle from the brake, or in a location that is visible while the rider is on the vehicle; and
(B) Be positioned either horizontally or vertically.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 8-2000, f. & cert. ef. 6-2-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0070
Reciprocity for Out-of-State ATV Operating Permits
(1) An ATV operating permit issued by another state shall be honored in the State of Oregon if the issuing state also honors an Oregon ATV operating permit.
(2) The ATV must have a resident state ATV operating permit; or
(3) If an ATV operating permit is not required in the owner’s home state, the operator must purchase a State of Oregon ATV operating permit to operate the ATV on designated ATV areas in Oregon.
Stat. Auth.: ORS 390.180, 390.585
Stats. Implemented: ORS 390.180
Hist.: PRD 8-2000, f. & cert. ef. 6-2-00; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0080
ATV Safety and Education
(1) Any person who provides a Class I or Class III ATV for rent in Oregon or offers guided tours for a client on either a Class I or Class III ATV must require that:
(a) The operator(s) of the rental ATV show proof of possession of an ATV Safety Education Card before renting the person an ATV; or
(b) If the operator does not possess an ATV Safety Education Card, the rental or tour agent must provide the operator with an ATV Safety Checklist provided by the OPRD;
(c) The operator must review and mark the ATV Safety Checklist in the presence of the rental or tour agent before they may operate the ATV; and
(d) The operator must retain the ATV Safety Checklist in their possession while operating the ATV.
(2) A person who legally rents an ATV and is otherwise required to possess an ATV Safety Education Card may use the required ATV Safety Checklist as a temporary ATV Safety Education Card and may operate the rental ATV in Oregon for the term of the rental agreement but not longer than 30 days.
(3) Any dealer who sells Class I or Class III vehicles may offer to the buyer/operator a non-renewable ATV Safety Checklist provided by OPRD.
(a) The operator must review and mark the ATV Safety Checklist in the presence of the dealer before they operate the vehicle; and
(b) The operator must retain the ATV Safety Checklist in their possession when operating the ATV.
(c) A person who purchases an ATV and is otherwise required to possess an ATV Safety Education Card may use the ATV Safety Checklist as a temporary ATV Safety Education Card and may operate the ATV in Oregon for not longer than 30 days from the date of purchase of the ATV.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570 & 390.575
Hist.: PRD 2-2001, f. & cert. ef. 2-23-01; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0085
ATV Safety Education Card (ATV Operator Permits)
(1) To operate a Class I or Class III ATV on public lands in Oregon, a person must obtain an ATV Safety Education Card (ATV operator permit).
(2) The criteria for obtaining an ATV Safety Education Card are:
(a) Attain a test score of at least 80 percent on an OPRD-approved safety course offered over the internet; or
(b) Attain a test score of at least 80 percent on a correspondence course provided by OPRD; and
(c) Be at least 16 years of age and have five or more years of experience operating a Class I or Class III all-terrain vehicle and successfully pass an equivalency examination with a score of at least 80 percent.
(d) Effective January 1, 2012, if under 16 years of age, must have successfully passed a hands-on training course approved by OPRD.
(3) To obtain an ATV Safety Education Card, the applicant must provide to the OPRD a completed application on a form provided by the OPRD with the following information: the applicant’s name, address, date of birth, hair color, eye color, gender, and, if applicable, year’s of experience. The applicant must also sign a statement declaring that the information is true and correct.
(4) ATV Safety Education Cards are not transferable.
(5) ATV Safety Education Cards shall contain a unique number and endorsement code that corresponds to the individual named on the permit.
(6) A person is considered in violation of the provisions of ORS 821.170 and 821.172 and subject to penalties prescribed by law when they:
(a) Provide a false statement or information or assist another person in giving a false statement or information on any application, affidavit, document or statement used to obtain an ATV Safety Education Card or replacement ATV Safety Education Card;
(b) Exhibit to a law enforcement officer an altered Oregon ATV Safety Education Card or any ATV Safety Education Card other than the one issued to them;
(c) Alter an ATV Safety Education Card or replacement card issued by the OPRD or its authorized agent;
(d) Produce or possess an unauthorized replica of an ATV Safety Education Card or replacement card; or
(e) Operate a Class I or Class III ATV on public lands without a current ATV Safety Education Card in their immediate possession.
(7) In addition to any penalties that may result from a violation of ORS 821.170 and 821.172, the ATV Safety Education Card is null and void for any person who provides a false statement or information or obtains a permit to which the person is not entitled.
( Cool

In accordance with ORS 821.174, when a person’s driving privileges are suspended or revoked, an ATV Safety Education Card is invalid, and the person may not operate a Class I or Class III all terrain vehicle.
(9) Violation of the provisions contained in OAR 736-004-0085 is punishable as a Class A Misdemeanor.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 2-2001, f. & cert. ef. 2-23-01; PRD 4-2007, f. & cert. ef. 4-13-07; PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0090
Replacement ATV Safety Education Card
(1) A person may apply for a replacement ATV Safety Education Card from the OPRD if:
(a) They legally change their name;
(b) The permit is lost, stolen or destroyed; or
(c) Misinformation is printed on the permit.
(2) To obtain a replacement card, an applicant must provide the OPRD with a completed application form provided by the OPRD which includes an affidavit signed by the applicant stating the circumstances that led to the replacement of the original card.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0095
Temporary ATV Safety Education Card
(1) A person who successfully passes the OPRD safety education course may print from their computer a temporary safety education card and may operate an ATV for no more than 30 days from date of issue provided the temporary safety education card is in the possession of the operator.
(2) A person residing in Oregon who is required to possess an ATV Safety Education Card and is in possession of a certificate issued by another state or nation that is equivalent to Oregon’s ATV Safety Education Card may use that certificate as a Temporary Safety Education Card and may operate an ATV in Oregon for no more than 30 days form date of residency provided the document is in the possession of the operator.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0100
ATV Safety Checklist
(1) Any person who provides a Class I or Class III ATV for rent in Oregon or offers guided tours for a client on either a Class I or Class III ATV must require that:
(a) The operator(s) of the rental ATV show proof of possession of an ATV Safety Education Card before renting the person an ATV; or
(b) If the operator does not possess an ATV Safety Education Card, the rental or tour agent must provide the operator with an ATV Safety Checklist provided by the OPRD;
(c) The operator must review and mark the ATV Safety Checklist in the presence of the rental or tour agent before they may operate the ATV; and
(d) The operator must retain the ATV Safety Checklist in their possession while operating the ATV.
(2) A person who legally rents an ATV and is otherwise required to possess an ATV Safety Education Card may use the required ATV Safety Checklist as a temporary ATV Safety Education Card and may operate the rental ATV in Oregon for the term of the rental agreement but not longer than 30 days.
(3) Any dealer who sells Class I or Class III vehicles may offer to the buyer/operator a non-renewable ATV Safety Checklist provided by OPRD.
(a) The operator must review and mark the ATV Safety Checklist in the presence of the dealer before they operate the vehicle; and
(b) The operator must retain the ATV Safety Checklist in their possession when operating the ATV.
(c) A person who purchases an ATV and is otherwise required to possess an ATV Safety Education Card may use the ATV Safety Checklist as a temporary ATV Safety Education Card and may operate the ATV in Oregon for not longer than 30 days from the date of purchase of the ATV.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0105
Exemptions
(1) Non-residents riding in Oregon are exempt from carrying a State of Oregon ATV Safety Education Card if they possess an ATV Safety Education Card or equivalent issued by their resident state or nation.
(a) An ATV Safety Education Card issued in another state or nation shall be honored in the State of Oregon if the issuing state or nation also honors an Oregon ATV Safety Education Card.
(b) The operator must have a State of Oregon ATV Safety Education Card if mandatory education is not required in their home state or nation to operate an ATV on public lands.
(2) A person operating a Class I or Class III in a sanctioned competitive ATV event is not required to carry an ATV Safety Education Card.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0110
Fees
(1) There is no fee for issuance of the original ATV Safety Education Card.
(2) The replacement fee for an ATV Safety Education Card is $8.00. The fee is waived if a replacement is required because of an OPRD error.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 8-2008, f. & cert. ef. 10-15-08
736-004-0115
Rider Fit
(1) A Class I ATV operator under the age of 16 must meet all the following minimum physical size requirements in relationship to the vehicle:
(a) Brake Reach: With hands placed in the normal operating position and fingers straight out, the first joint (from the tip) of the middle finger will extend beyond the brake lever and clutch;
(b) Leg Length: While sitting and with their feet on the pegs, the knee must be bent at least 45 degrees;
(c) Grip Reach: While sitting upright on the ATV with hands on the handlebars and not leaning forward, there must be a distinct angle between the upper arm and the forearm; and
(d) The rider must be able to turn the handlebars from lock to lock while maintaining grip on the handlebars and maintaining the throttle and brake control.
(2) Disabled riders are allowed to use prosthetic devices or modified or adaptive equipment to achieve rider fit.
Stat. Auth.: ORS 390.570 & 390.575
Stats. Implemented: ORS 390.570, 390.575 & 821.174
Hist.: PRD 8-2008, f. & cert. ef. 10-15-08
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ORC member http://www.oregonrecreationcoalition.com/
Tillamook Recreation Advisory Committee Member.