2007 ORS § 820.030¹
- • rules
- • standards
- • tentative draft
- • hearings
- • notice
- • amendment
The Department of Transportation shall make and enforce reasonable rules relating to vehicles described under ORS 820.010 (Vehicles subject to safety regulation) and 820.020 (Vehicles other than worker transport vehicles that are subject to safety regulation). Authority for enforcement of the rules is established under ORS 820.040 (Inspection of vehicles) to 820.070 (Driver violation of worker transport vehicle safety code). The rules shall be embodied in a safety code and the safety code is subject to all of the following:
(1) The safety code shall establish minimum standards for all of the following aspects of the safety and operation of vehicles described under ORS 820.010 (Vehicles subject to safety regulation) and 820.020 (Vehicles other than worker transport vehicles that are subject to safety regulation):
(a) For the construction and mechanical equipment of a motor vehicle, including its coupling devices, lighting devices and reflectors, motor exhaust system, rear-vision mirrors, service and parking brakes, steering mechanism, tires, warning and signaling devices and windshield wipers.
(b) For the operation of a motor vehicle, including driving rules, loading and carrying freight and passengers, maximum daily hours of service by drivers, minimum age and skill of drivers, physical condition of drivers, refueling, road warning devices and the transportation of gasoline and explosives.
(c) For the safety of passengers in a motor vehicle, including emergency exits, fire extinguishers, first aid kits, means of ingress and egress, side walls, and a tailgate or other means of retaining freight and passengers within the motor vehicle.
(2) Before formulating a draft of the safety code, the department shall invite the participation of interested state agencies and representative business, farm, labor and safety organizations. These groups may make suggestions relating to the minimum standards to be embodied in the safety code. The department shall consider the suggestions and prepare a tentative draft of the safety code.
(3) The following apply to hearings on a tentative draft under this section:
(a) Upon the fixing of dates and places for hearings to consider the tentative draft, the department:
(A) Shall cause notices of the hearings to be published in one or more daily newspapers of general circulation published and circulated in the City of Portland and in such other newspapers of general circulation in this state as will give wide notices of the hearings; and
(B) Shall cause copies of the tentative draft to be widely distributed among representative business, farm, labor and safety organizations and among interested individuals.
(b) Any individuals or groups may participate in the hearings, and submit their comments and suggestions relating to the minimum standards embodied in the tentative draft.
(4) Notice of the adoption and issuance of the safety code shall be given in the same manner as notices of the hearings.
(5) The department shall cause copies of the safety code and amendments thereto to be widely distributed among interested state agencies, among representative business, farm, labor and safety organizations and among interested individuals.
(6) The department may amend the safety code at any time upon its own motion or upon complaint by any individual or group, in the same manner as the safety code was prepared, adopted and distributed under this section.
(7) No defect or inaccuracy in a notice or in the publication thereof shall invalidate the safety code or any amendment thereto adopted and issued by the department. [1983 c.338 §740; 1985 c.16 §356]