Oregon Automotive Repair Licensing Law

Oregon Code · 2 sections

The following is the full text of Oregon’s automotive repair licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 366.158

366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

�� (d) Does not take a position upon or proceed along and upon the right highway shoulder, as far as practicable from the roadway edge, on a divided highway that has no sidewalk and does have a shoulder area. This paragraph does not apply to a member of a group that has adopted that section of highway under the provisions of ORS 366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

�� (e) Fails to take a position upon or proceed along and upon a highway that has neither sidewalk nor shoulder available, as near as practicable to an outside edge of the roadway, and, if the roadway is a two-way roadway, only on the left side of it.

�� (2) This section is subject to the provisions of ORS 814.100.

�� (3) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian:

�� (a) Does not impede traffic or create a traffic hazard;

�� (b) Posts advance warning signs in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200;

�� (c) Wears high-visibility safety apparel in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200; and

�� (d) Has a permit or belongs to a group that has a permit issued under ORS 814.072.

�� (4) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway when the pedestrian is on a narrow residential roadway if:

�� (a) The pedestrian does not create a traffic hazard; and

�� (b) Signs are posted giving notice that pedestrians may be present upon or along the narrow residential roadway. Signs posted under this paragraph shall be posted at each end of the portion of the narrow residential roadway where pedestrians may be present.

�� (5) The offense described in this section, pedestrian with improper position upon or improperly proceeding along a highway, is a Class D traffic violation. [1983 c.338 �558; 1991 c.486 �4; 1995 c.383 �86; 2008 c.47 ��1,2; 2009 c.547 ��2,3; 2011 c.507 �3; 2013 c.474 �1]

�� 814.072 Issuance of permit to be upon or to proceed along highway. (1) A road authority may issue a permit that authorizes a pedestrian or a group to be positioned upon or to proceed along a highway if the pedestrian or group shows to the satisfaction of the road authority:

�� (a) Proof of liability insurance in an amount of not less than $1 million; and

�� (b) That the pedestrian or group will meet the public safety requirements adopted by the Department of Transportation by rule.

�� (2) Upon issuance of a permit, the permit holder shall provide a copy of the permit to any applicable local jurisdiction. [2008 c.47 �5]

�� Note: 814.072 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 814 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 814.080 Unlawful hitchhiking; penalty. (1) A person commits the offense of unlawful hitchhiking if the person is on a roadway for the purpose of soliciting a ride.

�� (2) The offense described in this section, unlawful hitchhiking, is a Class D traffic violation. [1983 c.338 �559; 1995 c.383 �87]

�� 814.090 [1983 c.338 �560; 1995 c.383 �88; 1999 c.932 �1; repealed by 2005 c.63 �1]

�� 814.092 [1999 c.932 �2; repealed by 2005 c.63 �1]

(Miscellaneous Rights)

�� 814.100 Rights of driver and passengers of disabled vehicle on freeway. On a freeway on which pedestrian traffic is prohibited, the driver and passengers of a disabled vehicle stopped on the freeway may walk to the nearest exit, in either direction, on that side of the freeway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. [1983 c.338 �561]

�� 814.110 Rights for persons who are blind, who are deaf-blind or who have limited vision. (1) The following definitions apply to this section and to ORS 811.035 and 814.120:

�� (a) �Blind� means visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or having a visual field of 20 degrees or less.

�� (b) �Dog guide� means a dog that is wearing a dog guide harness and is trained to lead or guide a person who is blind.

�� (c) �Limited vision� means visual acuity that does not exceed 20/70 and is no worse than 20/200 in the better eye with corrective lenses.

�� (d) �White cane� means a cane or walking stick that is white in color or white with a red tip.

�� (2) This section and ORS 811.035 and 814.120 grant and enforce the following rights for pedestrians who are blind or deaf-blind:

�� (a) A person who has limited vision and a person who is blind or deaf-blind may carry and use a white cane on the highways and other public places of this state for the purposes of identification and mobility.

�� (b) A person who has limited vision and a person who is deaf-blind may use a white cane marked by a six-inch-wide chartreuse-colored strip at the tip end.

�� (3) A pedestrian who has limited vision and a pedestrian who is blind or deaf-blind and who is not carrying a white cane or not accompanied by a dog guide has all the rights and privileges granted by law to all pedestrians. [1985 c.16 �284; 2007 c.70 �344; 2017 c.175 �1]

�� 814.120 Unlawful use of white cane; penalty. (1) A person commits the offense of unlawful use of a white cane if the person uses or carries a white cane on the highways or any other public place of this state and the person is not a person who has limited vision or is not a person who is blind or a person who is deaf-blind.

�� (2) This section is subject to the provisions and definitions relating to the rights of pedestrians who have limited vision or pedestrians who are blind or deaf-blind under ORS 814.110.

�� (3) The offense described in this section, unlawful use of a white cane, is a Class D traffic violation. [1983 c.338 �562; 1985 c.16 �285; 1995 c.383 �89; 2007 c.70 �345; 2017 c.175 �2]

PASSENGERS

�� 814.130 Passenger obstruction of driver; penalty. (1) A person commits the offense of passenger obstruction of a driver if the person is a passenger in a vehicle and the person rides in a position that interferes with all of the operator�s views to the rear, through one or more mirrors and otherwise, or that interferes with the operator�s view to the front or sides or the operator�s control of the driving mechanism.

�� (2) The offense described in this section, passenger obstruction of driver, is a Class C traffic violation. [1983 c.338 �605]

LIVESTOCK

�� 814.140 Application of vehicle laws to animal on roadway. Every person riding an animal upon a roadway and every person driving or leading any animal is subject to the provisions of the vehicle code concerning vehicle equipment and operation of vehicles except those provisions which by their very nature can have no application. [1983 c.338 �665]

�� 814.150 Failure to perform duties of person in charge of livestock on highway; penalty. (1) A person commits the offense of failure to perform the duties of a person in charge of livestock on a highway if the person fails to do any of the following:

�� (a) When riding or leading a horse or other livestock on the highway, a person must keep a lookout for vehicles and use caution to keep the animal under control.

�� (b) A person in charge of driving a herd of livestock on or across a highway shall position a person at the front of the herd to warn drivers that the herd is approaching.

�� (c) A person in charge of livestock being driven on a highway shall use reasonable care and diligence to open the roadway for vehicular traffic.

�� (d) If a horse or other livestock becomes frightened on a highway, the person riding or leading the livestock shall give a distress signal to an approaching driver by raising the person�s hand.

�� (2) This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.

�� (3) The offense described in this section, failure to perform duties of a person in charge of livestock on a highway, is a Class B traffic violation. [1983 c.338 �667]

MOPEDS AND MOTORCYCLES

�� 814.200 Unlawful operation of motorcycle or moped; penalty. (1) A person operating a moped or motorcycle commits the offense of unlawful moped or motorcycle operation if the person:

�� (a) Fails to sit astride, or to stand astride, the moped or motorcycle seat while facing forward; or

�� (b) Carries a package, bundle or other article that prevents the person from keeping both hands on the handlebars.

�� (2) The offense described in this section, unlawful moped or motorcycle operation, is a Class B traffic violation. [1983 c.338 �686; 1987 c.138 �6; 2015 c.502 �1]

�� 814.210 Operation of moped on sidewalk or bicycle trail; penalty. (1) A person commits the offense of operation of a moped on a sidewalk or bicycle trail if the person operates a moped upon a sidewalk, a bicycle path or a bicycle lane.

�� (2) Exemptions to this section are provided under ORS 811.440.

�� (3) The offense described in this section, operation of a moped on a sidewalk or bicycle trail, is a Class D traffic violation. [1983 c.338 �644]

�� 814.220 Motorcyclist clinging to another vehicle; penalty. (1) A person commits the offense of motorcyclist clinging to another vehicle if the person is riding upon a motorcycle that is not disabled and being towed and the person attaches a part of the person�s self or the motorcycle to any other vehicle on a roadway.

�� (2) The offense described in this section, motorcyclist clinging to another vehicle, is a Class B traffic violation. [1983 c.338 �687; 1985 c.16 �330; 1995 c.383 �90]

�� 814.230 Moped operator or rider clinging to other vehicle; penalty. (1) A person commits the offense of moped operator or rider clinging to another vehicle if the person is riding upon or operating a moped and the person clings to another vehicle upon a roadway or attaches the moped to any other vehicle upon a roadway.

�� (2) The offense described in this section, moped operator or rider clinging to another vehicle, is a Class D traffic violation. [1983 c.338 �688]

�� 814.240 Motorcycle or moped unlawful passing; penalty. (1) A motorcycle operator or moped operator commits the offense of motorcycle or moped unlawful passing in a lane with a vehicle if the operator does any of the following:

�� (a) Overtakes and passes in the same lane occupied by the vehicle the operator is overtaking, unless the vehicle being passed is a motorcycle or a moped.

�� (b) Operates a moped or motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

�� (2) This section does not apply to a police officer in the performance of official duties.

�� (3) The offense described in this section, motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B traffic violation. [1983 c.338 �689]

�� 814.250 Moped or motorcycle operating more than two abreast; penalty. (1) A person commits the offense of operating a moped or motorcycle more than two abreast if the person is operating a moped or motorcycle on a roadway laned for traffic and the person is riding abreast of more than one other motorcycle or moped in the same lane for traffic.

�� (2) For purposes of this section, a motorcycle does not include an autocycle.

�� (3) The offense described in this section, moped or motorcycle operating more than two abreast, is a Class B traffic violation. [1983 c.338 �690; 2017 c.296 �3]

�� 814.260 Failure of moped operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a moped rider to wear a motorcycle helmet if the person:

�� (a) Operates or rides on a moped; and

�� (b) Is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established under ORS 814.290.

�� (3) This section does not permit passengers on mopeds in violation of ORS 814.330 or 814.340.

�� (4) The offense described in this section, failure of a moped rider to wear a motorcycle helmet, is a Class D traffic violation. [1983 c.338 �691; 1985 c.16 �331; 1987 c.910 �4; 1995 c.492 �3]

�� 814.269 Failure of motorcycle operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle operator to wear a motorcycle helmet if the person operates a motorcycle and is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established in ORS 814.290.

�� (3) The offense described in this section, failure of a motorcycle operator to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 �2; 1995 c.492 �4]

�� 814.270 [1983 c.338 �696; 1985 c.16 �333; repealed by 1987 c.910 �7]

�� 814.275 Failure of motorcycle passenger to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle passenger to wear a motorcycle helmet if the person rides as a passenger on a motorcycle and is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established in ORS 814.290.

�� (3) The offense described in this section, failure of a motorcycle passenger to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 �3; 1989 c.283 �1; 1995 c.492 �5]

�� 814.280 Endangering motorcycle passenger; penalty. (1) A person commits the offense of endangering a motorcycle passenger if the person is operating a motorcycle and the person carries another person on the motorcycle who is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established under ORS 814.290.

�� (3) The offense described in this section, endangering a motorcycle passenger, is a Class D traffic violation. [1983 c.338 �692; 1987 c.910 �5; 1995 c.492 �6]

�� 814.290 Exemptions from motorcycle helmet requirements. This section establishes exemptions from the requirements and penalties relating to the use of motorcycle helmets under ORS 814.260 to 814.280. A person is not in violation of ORS 814.260, 814.269, 814.275 or 814.280 if the person is any of the following:

�� (1) Within an enclosed cab.

�� (2) Operating or riding a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour. [1983 c.338 �693; 1987 c.910 �6; 1995 c.492 �7]

�� 814.300 [1983 c.338 �694; repealed by 1999 c.179 �1]

�� 814.310 Illegal alteration of moped; penalty. (1) A person commits the offense of illegal alteration of a moped if the person alters or modifies in any manner a vehicle registered in this state so that:

�� (a) The displacement of the engine is increased beyond that allowable for a moped under ORS 801.345; or

�� (b) The vehicle is capable of moving, unassisted, at a speed of more than 30 miles per hour on a level road surface.

�� (2) The offense described in this section, illegal alteration of a moped, is a Class C traffic violation. [1983 c.338 �285; 1985 c.16 �117; 1985 c.401 �13]

�� 814.320 Failure to display lighted headlights; exceptions; penalty. (1) A person commits the offense of failure to display lighted headlights on a moped or motorcycle at all times, if the person operates a moped or motorcycle and does not display lights and illuminated devices specified under ORS 816.320 and 816.330 at all times the motorcycle or moped is upon a highway.

�� (2) A person may use modulating headlights described under ORS 816.050 during daylight without violating this section, but a person who uses such modulating headlights during limited visibility conditions is in violation of this section.

�� (3) This section does not apply when specific exceptions with respect to parked vehicles are made under ORS 811.525.

�� (4) A court may dismiss, without penalty, any charge for violation of this section if the court determines that:

�� (a) The violation was caused by a malfunction of equipment; and

�� (b) The equipment that malfunctioned and caused the violation has been repaired or replaced.

�� (5) The offense described in this section, failure to display lighted headlights on a moped or motorcycle at all times, is a Class B traffic violation. [1983 c.338 �695; 1985 c.16 �332]

�� 814.325 Carrying passenger on motorcycle; penalty. (1) A person commits the offense of unlawfully carrying a passenger on a motorcycle if the person does any of the following:

�� (a) Carries on a motorcycle a person who is not seated on a permanent and regular seat, if the motorcycle is designed to carry more than one person, or upon another seat attached to the motorcycle at the rear or side of the operator�s seat.

�� (b) Carries a person in a position that interferes with the operation or control of the motorcycle or the operator�s view.

�� (c) Carries a person, other than in a sidecar or enclosed cab, on a motorcycle with no footrests for that person.

�� (2) The offense described in this section, unlawfully carrying a passenger on a motorcycle, is a Class B traffic violation. [1987 c.138 �8]

�� 814.330 Carrying passenger on moped; penalty. (1) A person commits the offense of unlawfully carrying a passenger on a moped if the person operates a moped on any highway of this state with a passenger on the moped.

�� (2) The offense described in this section, unlawfully carrying a passenger on a moped, is a Class D traffic violation. [Formerly 487.743]

�� 814.340 Riding as passenger on moped; penalty. (1) A person commits the offense of unlawfully riding as a passenger on a moped if the person rides any moped as a passenger on a highway of this state.

�� (2) The offense described in this section, unlawfully riding as a passenger on a moped, is a Class D traffic violation. [Formerly 487.746]

BICYCLES

�� 814.400 Application of vehicle laws to bicycles. (1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:

�� (a) Those provisions which by their very nature can have no application.

�� (b) When otherwise specifically provided under the vehicle code.

�� (2) Subject to the provisions of subsection (1) of this section:

�� (a) A bicycle is a vehicle for purposes of the vehicle code; and

�� (b) When the term �vehicle� is used the term shall be deemed to be applicable to bicycles.

�� (3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care. [1983 c.338 �697; 1985 c.16 �335]

�� 814.405 Status of electric assisted bicycle. An electric assisted bicycle shall be considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle Code, except when otherwise specifically provided by statute. [1997 c.400 �4]

�� 814.410 Unsafe operation of bicycle on sidewalk; penalty. (1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following:

�� (a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

�� (b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

�� (c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property.

�� (d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic.

�� (e) Operates an electric assisted bicycle on a sidewalk.

�� (2) Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

�� (3) The offense described in this section, unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation. [1983 c.338 �699; 1985 c.16 �337; 1997 c.400 �7; 2005 c.316 �2]

�� 814.414 Improper entry into intersection controlled by stop sign; penalty. (1) A person operating a bicycle who is approaching an intersection where traffic is controlled by a stop sign may, without violating ORS 811.265, do any of the following without stopping if the person slows the bicycle to a safe speed:

�� (a) Proceed through the intersection.

�� (b) Make a right or left turn into a two-way street.

�� (c) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

�� (2) A person commits the offense of improper entry into an intersection where traffic is controlled by a stop sign if the person does any of the following while proceeding as described in subsection (1) of this section:

�� (a) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard;

�� (b) Disobeys the directions of a police officer or flagger, as defined in ORS 811.230;

�� (c) Fails to exercise care to avoid an accident; or

�� (d) Fails to yield the right of way to a pedestrian in an intersection or crosswalk under ORS 811.028.

�� (3) The offense described in this section, improper entry into an intersection where traffic is controlled by a stop sign, is a Class D traffic violation. [2019 c.683 �2]

�� 814.416 Improper entry into intersection controlled by flashing red signal; penalty. (1) A person operating a bicycle who is approaching an intersection where traffic is controlled by a flashing red signal may, without violating ORS 811.265, do any of the following without stopping if the person slows the bicycle to a safe speed:

�� (a) Proceed through the intersection.

�� (b) Make a right or left turn into a two-way street.

�� (c) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

�� (2) A person commits the offense of improper entry into an intersection where traffic is controlled by a flashing red signal if the person does any of the following while proceeding as described in subsection (1) of this section:

�� (a) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard;

�� (b) Disobeys the directions of a police officer;

�� (c) Fails to exercise care to avoid an accident; or

�� (d) Fails to yield the right of way to a pedestrian in an intersection or crosswalk under ORS 811.028.

�� (3) The offense described in this section, improper entry into an intersection where traffic is controlled by a flashing red signal, is a Class D traffic violation. [2019 c.683 �3]

�� 814.420 Failure to use bicycle lane or path; exceptions; penalty. (1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

�� (2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.

�� (3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:

�� (a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.

�� (b) Preparing to execute a left turn at an intersection or into a private road or driveway.

�� (c) Avoiding debris or other hazardous conditions.

�� (d) Preparing to execute a right turn where a right turn is authorized.

�� (e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.

�� (4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation. [1983 c.338 �700; 1985 c.16 �338; 2005 c.316 �3]

�� 814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway.

�� (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances:

�� (a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction.

�� (b) When preparing to execute a left turn.

�� (c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.

�� (d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway.

�� (e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic.

�� (f) When operating on a bicycle lane or bicycle path.

�� (3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation. [1983 c.338 �701; 1985 c.16 �339]

�� 814.440 Failure to signal turn; exceptions; penalty. (1) A person commits the offense of failure to signal for a bicycle turn if the person does any of the following:

�� (a) Stops a bicycle the person is operating without giving the appropriate hand and arm signal continuously for at least 100 feet before executing the stop.

�� (b) Executes a turn on a bicycle the person is operating without giving the appropriate hand and arm signal for the turn for at least 100 feet before executing the turn.

�� (c) Executes a turn on a bicycle the person is operating after having been stopped without giving, while stopped, the appropriate hand and arm signal for the turn.

�� (2) A person is not in violation of the offense under this section if the person is operating a bicycle and does not give the appropriate signal continuously for a stop or turn because circumstances require that both hands be used to safely control or operate the bicycle.

�� (3) The appropriate hand and arm signals for indicating turns and stops under this section are those provided for other vehicles under ORS 811.395 and 811.400.

�� (4) The offense described under this section, failure to signal for a bicycle turn, is a Class D traffic violation. [1983 c.338 �703; 1985 c.16 �341]

�� 814.450 Unlawful load on bicycle; penalty. (1) A person commits the offense of having an unlawful load on a bicycle if the person is operating a bicycle and the person carries a package, bundle or article which prevents the person from keeping at least one hand upon the handlebar and having full control at all times.

�� (2) The offense described in this section, unlawful load on a bicycle, is a Class D traffic violation. [1983 c.338 �704]

�� 814.460 Unlawful passengers on bicycle; penalty. (1) A person commits the offense of unlawful passengers on a bicycle if the person operates a bicycle and carries more persons on the bicycle than the number for which it is designed or safely equipped.

�� (2) The offense described in this section, unlawful passengers on a bicycle, is a Class D traffic violation. [1983 c.338 �705]

�� 814.470 Failure to use bicycle seat; penalty. (1) A person commits the offense of failure to use a bicycle seat if the person is operating a bicycle and the person rides other than upon or astride a permanent and regular seat attached to the bicycle.

�� (2) The offense described in this section, failure to use a bicycle seat, is a Class D traffic violation. [1983 c.338 �706; 2003 c.341 �13; 2015 c.138 �26]

�� 814.480 Nonmotorized vehicle clinging to another vehicle; penalty. (1) A person commits the offense of nonmotorized vehicle clinging to another vehicle if the person is riding upon or operating a bicycle, coaster, roller skates, sled or toy vehicle and the person clings to another vehicle upon a roadway or attaches that which the person is riding or operating to any other vehicle upon a roadway.

�� (2) The offense described in this section, nonmotorized vehicle clinging to another vehicle, is a Class D traffic violation. [1983 c.338 �707]

�� 814.484 Meaning of �bicycle� and �operating or riding on a highway.� (1) For purposes of ORS 814.485,

ORS 739.615

739.615]

�� 746.222 [1993 c.130 �5; 1999 c.987 �20; repealed by 2013 c.698 �42 and 2013 c.640 �20]

�� 746.225 [1975 c.469 �2; repealed by 1979 c.140 �3]

�� 746.230 Unfair claim settlement practices. (1) An insurer or other person may not commit or perform any of the following unfair claim settlement practices:

�� (a) Misrepresenting facts or policy provisions in settling claims;

�� (b) Failing to acknowledge and act promptly upon communications relating to claims;

�� (c) Failing to adopt and implement reasonable standards for the prompt investigation of claims;

�� (d) Refusing to pay claims without conducting a reasonable investigation based on all available information;

�� (e) Failing to affirm or deny coverage of claims within a reasonable time after completed proof of loss statements have been submitted;

�� (f) Not attempting, in good faith, to promptly and equitably settle claims in which liability has become reasonably clear;

�� (g) Compelling claimants to initiate litigation to recover amounts due by offering substantially less than amounts ultimately recovered in actions brought by such claimants;

�� (h) Attempting to settle claims for less than the amount to which a reasonable person would believe a reasonable person was entitled after referring to written or printed advertising material accompanying or made part of an application;

�� (i) Attempting to settle claims on the basis of an application altered without notice to or consent of the applicant;

�� (j) Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made;

�� (k) Delaying investigation or payment of claims by requiring a claimant or the claimant�s physician, naturopathic physician, physician associate or nurse practitioner to submit a preliminary claim report and then requiring subsequent submission of loss forms when both require essentially the same information;

�� (L) Failing to promptly settle claims under one coverage of a policy where liability has become reasonably clear in order to influence settlements under other coverages of the policy;

�� (m) Failing to promptly provide the proper explanation of the basis relied on in the insurance policy in relation to the facts or applicable law for the denial of a claim; or

�� (n) Any of the practices described in ORS 746.233.

�� (2) No insurer shall refuse, without just cause, to pay or settle claims arising under coverages provided by its policies with such frequency as to indicate a general business practice in this state, which general business practice is evidenced by:

�� (a) A substantial increase in the number of complaints against the insurer received by the Department of Consumer and Business Services;

�� (b) A substantial increase in the number of lawsuits filed against the insurer or its insureds by claimants; or

�� (c) Other relevant evidence. [1967 c.359 �588a; 1973 c.281 �1; 1989 c.594 �1; 2014 c.45 �79; 2015 c.59 �6; 2017 c.356 �101; 2019 c.284 �10; 2024 c.73 �160]

�� 746.233 Unfair claim settlement practices with respect to prior authorizations of health care items or services. (1) As used in this section, �prior authorization� has the meaning given that term in ORS 743B.001.

�� (2) An insurer offering a policy or certificate of health insurance may not, in making a determination on a health care provider or enrollee�s request for prior authorization of a health care item or service, perform any of the following unfair claim settlement practices:

�� (a) Misrepresent facts of policy provisions;

�� (b) Fail to acknowledge and act upon communications relating to the request;

�� (c) Fail to adopt and implement reasonable standards for the prompt investigations of prior authorization requests;

�� (d) Make a determination without conducting a reasonable investigation based on all available information;

�� (e) Fail to act promptly, equitably and in good faith to approve the request for prior authorization that is medically necessary and covered under the terms of the policy;

�� (f) Require a provider or enrollee to submit substantially identical information more than one time in the course of making the determination; or

�� (g) If the request for prior authorization is denied, fail to promptly provide a complete and thorough explanation of the terms of the policy or certificate that the insurer relied upon and the factual or legal basis for the denial.

�� (3) An insurer may not engage in a pattern or practice of refusing, without just cause, to approve requests for prior authorization of items or services covered under its policies and certificates as demonstrated by:

�� (a) A substantial increase in the number of consumer complaints against the insurer received by the Department of Consumer and Business Services regarding denials of prior authorization;

�� (b) A substantial number of lawsuits filed by:

�� (A) A provider against the insurer or an insured based on the failure to approve a request for prior authorization for an item or service furnished by the provider; or

�� (B) A provider or enrollee against the insurer based on the failure to approve a prior authorization request for an item or service; or

�� (c) Other evidence that the department deems relevant.

�� (4) The department may adopt rules necessary to carry out the provisions of this section. [2019 c.284 �2]

�� Note: 746.233 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 746 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 746.240 Undefined trade practices injurious to public prohibited. No person shall engage in this state in any trade practice that, although not expressly defined and prohibited in the Insurance Code, is found by the Director of the Department of Consumer and Business Services to be an unfair or deceptive act or practice in the transaction of insurance that is injurious to the insurance-buying public. [1967 c.359 �589; 1973 c.281 �2]

�� 746.250 [1967 c.359 �590; repealed by 1973 c.281 �3]

�� 746.260 Driving record not to be considered in issuance of motor vehicle insurance. (1) As used in this section, �employment driving record� and �nonemployment driving record� mean the employment driving record and nonemployment driving record described in ORS 802.200.

�� (2) Except as provided in subsection (4) of this section, an insurer may not consider an individual�s employment driving record or nonemployment driving record in determining rates for, or whether to issue or renew, a policy of personal insurance, as defined in ORS 746.600, that provides, for the individual, automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons. An insurer may not cancel the policy or discriminate in regard to other terms or conditions of the policy based upon the individual�s employment driving record or nonemployment driving record.

�� (3) This section does not affect the enforcement of the motor vehicle laws.

�� (4) An insurer may use the abstract of the individual�s nonemployment driving record as authorized under ORS 746.265. [1973 c.113 �2; 1979 c.662 �2; 1983 c.338 �969; 1987 c.5 �6; 2015 c.76 �1]

�� 746.265 Purposes for which abstract of nonemployment driving record may be considered. (1) Subject to subsection (2) of this section, an insurer may consider the abstract of an individual�s nonemployment driving record under ORS 802.220 when evaluating the individual�s application to obtain or renew personal insurance, as defined in ORS 746.600, that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons:

�� (a) For the purpose of determining whether to issue or renew the individual�s policy.

�� (b) For the purpose of determining the rates of the individual�s policy.

�� (2) For the purposes specified in subsection (1) of this section, an insurer that issues or renews a policy described in subsection (1) of this section may not consider any:

�� (a) Accident or conviction for violation of motor vehicle laws that occurred more than three years immediately preceding the application for the policy or for renewal of the policy;

�� (b) Diversion agreements under ORS 813.220 that were entered into more than three years immediately preceding the application for the policy or for renewal of the policy; or

�� (c) Suspension of driving privileges pursuant to ORS 809.280 (6) or (8) if the suspension is based on a nondriving offense.

�� (3) Subsection (2) of this section does not apply if an insurer considers an individual�s nonemployment driving record under ORS 802.220 for the purpose of providing a discount to the individual. [1987 c.5 �5; 1989 c.853 �1; 1991 c.860 �7; 1999 c.59 �231; 2001 c.327 �1; 2011 c.355 �25; 2015 c.76 �2]

�� 746.270 Use of past investment or predicted future investment experience in sale of variable life insurance policies. No person shall make or use in the offer or sale of a variable life insurance policy any illustrations of benefits payable that include projections of past investment experience into the future or predictions of future investment experience. This section is not intended to prohibit use of hypothetical assumed rates of investment return to illustrate possible levels of benefits. [1973 c.435 �26]

�� 746.275 Definitions for ORS 746.275 to 746.300. As used in ORS 746.275 to 746.300:

�� (1) �Adjuster� means a person authorized to do business under ORS 744.515 or 744.521.

�� (2) �Motor vehicle liability insurance policy� means an insurance policy which provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on motor vehicles, but does not include any insurance policy:

�� (a) Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; or

�� (b) Issued principally to cover personal or premises liability of an insured, even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of such insured or on the ways immediately adjoining such premises.

�� (3) �Motor vehicle body and frame repair shop� means a business or a division of a business organized for the purpose of effecting repairs to motor vehicles which have been physically damaged. [1977 c.785 �1; 2019 c.151 �41]

�� Note: 746.275 to 746.300 and 746.991 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 746.280 Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs. (1) An insurer may not require that a particular person make the repairs to the insured�s motor vehicle as a condition for recovery by the insured under a motor vehicle liability insurance policy.

�� (2) Prior to providing a recommendation that a particular person make repairs to the insured�s motor vehicle, the person adjusting the claim on behalf of the insurer shall inform the insured of the rights conferred by subsection (1) of this section by communicating in a statement substantially similar to the following:

�� OREGON LAW PROHIBITS US FROM REQUIRING YOU TO GET REPAIRS TO YOUR VEHICLE AT A PARTICULAR MOTOR VEHICLE REPAIR SHOP. YOU HAVE THE RIGHT TO SELECT THE MOTOR VEHICLE REPAIR SHOP OF YOUR CHOICE.

�� (3) If an insured elects to have the motor vehicle repaired at a motor vehicle repair shop other than a shop recommended by the insurer, the insurer may not limit the cost of repairs necessary to return the motor vehicle to a preloss condition relative to safety, function and appearance other than as stated in the policy or as otherwise allowed by law.

�� (4) If an insured accepts the insurer�s recommendation, the insurer shall provide, electronically or in printed form, a statement to the insured within three business days after the date of acceptance in substantially the following form:

�� WE HAVE RECOMMENDED A MOTOR VEHICLE REPAIR SHOP. IF YOU AGREE TO USE OUR RECOMMENDED REPAIR SHOP, YOUR VEHICLE WILL RECEIVE REPAIRS RETURNING IT TO A PRELOSS CONDITION RELATIVE TO SAFETY, FUNCTION AND APPEARANCE AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW.

[1977 c.785 �2; 2007 c.506 �1]

�� Note: See note under 746.275.

�� 746.285 Notice of prohibition in motor vehicle repair shops; size; location. A person operating a motor vehicle body and frame repair shop shall display in a conspicuous place in the shop a sign in bold face type in letters at least two inches high reading substantially as follows:

�� PURSUANT TO OREGON INSURANCE LAW, AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE BY A PARTICULAR PERSON OR REPAIR SHOP.

[1977 c.785 �3]

�� Note: See note under 746.275.

�� 746.287 Insurer requirement of installation of aftermarket crash part in vehicle. (1) Without the consent of the owner of the vehicle, an insurer may not require, directly or indirectly, that a motor vehicle body and frame repair shop supply or install any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced.

�� (2) For purposes of this section, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance. [1987 c.622 �3]

�� Note: See note under 746.275.

�� 746.289 Insurer offer of crash part warranty. Any insurer which offers a motor vehicle insurance policy that provides coverage for repair of the vehicle shall make available to its insured a crash part warranty for crash parts not made by the original equipment manufacturer as described in ORS 746.292 when the insured requests one. [1987 c.622 �4]

�� Note: 746.289 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or 746.275 to 746.300 or any other series by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 746.290 Notice of prohibition in policies and by adjusters. (1) An adjuster establishing loss under a motor vehicle liability insurance policy shall advise the insured of the provisions of ORS 746.280.

�� (2) Every motor vehicle liability insurance policy issued in this state after December 31, 1977, and any extension or renewal after that date of a policy issued before that date shall be accompanied by a statement in clear and conspicuous language approved by the director of:

�� (a) The rights and responsibilities of the insured when a claim is submitted; and

�� (b) The provisions of ORS 746.280. [1977 c.785 �4]

�� Note: See note under 746.275.

�� 746.292 Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices. (1) All work done by a motor vehicle body and frame repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle body and frame repair shop.

�� (2) Before commencing repair work and upon the request of any customer, a motor vehicle body and frame repair shop shall make an estimate in writing of the parts and labor necessary for the repair work, and shall not charge for the work done or parts supplied in excess of the estimate without the consent of such customer.

�� (3)(a) If crash parts to be used in the repair work are supplied by the original equipment manufacturer, the parts shall be accompanied by a warranty that guarantees the customer that the parts meet or exceed standards used in manufacturing the original equipment.

�� (b) If crash parts to be used in the repair work are not supplied by the original equipment manufacturer, the estimate shall include a statement that says:

�� This estimate has been prepared based on the use of a motor vehicle crash part not made by the original equipment manufacturer. The use of a motor vehicle crash part not made by the original equipment manufacturer may invalidate any remaining warranties of the original equipment manufacturer on that motor vehicle part. The person who prepared this estimate will provide a copy of the part warranty for crash parts not made by the original equipment manufacturer for comparison purposes.

�� (4) No motor vehicle body and frame shop may:

�� (a) Supply or install used parts, or any component system composed of new and used parts, when new parts or component systems are or were to be supplied or installed.

�� (b) Supply or install, without the owner�s consent, any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced. For purposes of this paragraph, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance.

�� (c) Charge for repairs not actually performed, or add the cost of repairs not actually to be performed to any repair estimate.

�� (d) Refuse any insurer, or its insured, or their agents or employees, reasonable access to any repair facility for the purpose of inspecting or reinspecting the damaged vehicle during usual business hours.

�� (5) As used in ORS 746.287 and this section, �aftermarket crash part� means a motor vehicle replacement part, sheet metal or plastic, that constitutes the visible exterior of the vehicle, including an inner or outer panel, is generally repaired or replaced as the result of a collision and is not supplied by the original equipment manufacturer. [1977 c.785 �5; 1987 c.622 �1]

�� Note: See note under 746.275.

�� 746.295 Proof and amount of loss under motor vehicle liability policies; determination by insurer. Nothing in ORS 746.275 to 746.300 or 746.991 shall prohibit an insurer from establishing proof of loss requirements for motor vehicle liability insurance policies, investigating and determining the amount of an insured�s loss through its agents or employees or negotiating with any person for the repair of such loss. [1977 c.785 �6]

�� Note: See note under 746.275.

�� 746.300 Liability of insurers and motor vehicle repair shops for damages; attorney fees. An insured whose insurer violates ORS 746.280 or 746.290, or a customer whose motor vehicle body and frame repair shop violates ORS 746.292, may file an action to recover actual damages or $100, whichever is greater, for each violation. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1977 c.785 �7; 1981 c.897 �102; 1995 c.618 �129]

�� Note: See note under 746.275.

�� 746.305 Rules. The Director of the Department of Consumer and Business Services may adopt rules to carry out the provisions of ORS 746.275 to 746.300 and 746.991. [1987 c.622 �5]

�� Note: 746.305 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 746.307 [1989 c.947 �4; renumbered 743.724 in 1991]

�� 746.308 Violation of provisions regarding totaled vehicles as violation of Insurance Code. An insurer that violates ORS 819.014 or 819.018 shall be considered to have violated a provision of the Insurance Code. [1991 c.820 �7]

�� Note: 746.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

UNAUTHORIZED INSURANCE

�� 746.310 Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured. (1) No person shall in this state directly or indirectly with respect to domestic risks act as insurance producer for or otherwise transact insurance for any insurer not then authorized to transact such insurance in this state.

�� (2) In the event of failure of any unauthorized insurer to pay any claim or loss within the provisions of such insurance policy, any insurance producer who assisted or in any manner aided in the procurement of such insurance policy knowing it to be procured through an unauthorized insurer shall be liable to the insured for the full amount of the claim or loss.

�� (3) This section does not apply to:

�� (a) Matters authorized to be done by the Director of the Department of Consumer and Business Services under ORS 746.320 to 746.360.

�� (b) Insurance written under a surplus line license in compliance with ORS 735.400 to 735.495.

�� (c) Any transaction with respect to reinsurance when transacted by an insurer duly authorized by its state of domicile to transact the class of insurance involved.

�� (d) A licensed adjuster or attorney at law representing such an insurer from time to time in such occupational or professional capacity. [1967 c.359 �591; 1969 c.336 �17; 1987 c.774 �140; 1991 c.810 �27; 2003 c.364 �145]

�� 746.320 Service of process equivalent to personal service on unauthorized foreign or alien insurer. (1) When an unauthorized insurer does any of the acts specified in subsection (2) of this section in this state, by mail or otherwise, the doing of such acts shall constitute an appointment by such insurer of the Director of the Department of Consumer and Business Services, and the successor in office, as its lawful attorney upon whom all process may be served in any action begun by or on behalf of an insured or beneficiary and arising out of policies of insurance between the insurer and persons residing or authorized to do business in this state. Subject to subsection (4) of this section, the doing of any such act shall signify the insurer�s consent that service of process upon the director is of the same legal force and effect as personal service of process upon such insurer within this state.

�� (2) The acts referred to in subsection (1) of this section are:

�� (a) Issuing or delivering policies of insurance to persons residing or authorized to do business in this state.

�� (b) Soliciting applications for policies of insurance from such persons.

�� (c) Collecting premiums, membership fees, assessments or other considerations under policies of insurance from such persons.

�� (d) Any other transaction of business arising out of policies of insurance with such persons.

�� (3) Service of process upon the director shall be made by delivering to and leaving with the director, or with any clerk on duty in the office, two copies of such process. Immediately after service of process, the director shall send one of such copies to the defendant insurer at its principal office. The director shall keep a record of all processes served upon the director under this section.

�� (4) Service of process in the manner provided in this section gives jurisdiction over the person of an insurer provided:

�� (a) Notice of such service and a copy of the process are sent by registered mail or by certified mail with return receipt by the plaintiff, or the attorney of the plaintiff, to the defendant insurer at its principal office within 10 days after the date of service; and

�� (b) The defendant insurer�s receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and an affidavit of the plaintiff, or the attorney of the plaintiff, showing compliance with this section are filed with the clerk of the court in which the action against such insurer is pending on or before the date on which such insurer is required to appear, or within such further time as the court may allow.

�� (5) Nothing contained in this section shall limit or abridge the right to serve any process upon an insurer in any other manner then permitted by law. [Formerly 736.252; 1991 c.249 �71]

�� 746.330 Judgment by default after service of process under ORS 746.320. Until the expiration of 30 days from the date of filing an affidavit of compliance under ORS 746.320, no plaintiff or complainant shall be entitled to a judgment by default in any action in which service of process is made in the manner provided in such section. [Formerly 736.254]

�� 746.340 Conditions to be met by defendant unauthorized insurer before filing motions or pleadings. (1) Except as provided in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed any motion or pleading in an action started against it by service of process in the manner provided in ORS 746.320, the defendant insurer shall either:

�� (a) Procure a certificate of authority to transact insurance in this state; or

�� (b) Deposit cash or securities or file a bond with good and sufficient sureties, approved by the court, with the clerk of the court in which such action is pending in an amount, fixed by the court, sufficient to secure the payment of any judgment which may be entered in such action. However, the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that the insurer maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action.

�� (2) The court may order such postponement as may be necessary to give such insurer reasonable opportunity to comply with subsection (1) of this section and to prepare its defense in such action.

�� (3) Nothing in ORS 746.320 to 746.360 shall be construed to prevent a defendant unauthorized insurer from filing a motion to set aside service of process made in the manner provided in ORS 746.320 on the ground that such insurer has not done any of the acts described in subsection (2) of such section. [Formerly 736.256]

�� 746.350 Attorney fee allowable to prevailing party. In any action against an unauthorized insurer in which service of process was made in the manner provided in ORS 746.320, the court may award reasonable attorney fees to the prevailing party. [Formerly

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)