ORS 815.125¹
Requirements and standards

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notes of Decisions

Under Former Similar Statute

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

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

1 Legislative Counsel Committee, CHAPTER 815—Vehicle Equipment Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors815.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 815, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano815.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information