ORS 815.165¹
Exemptions from prohibition on tires with metal objects

This section establishes exemptions from ORS 815.160 (Unlawful use of metal objects on tires). The exemptions under this section are in addition to any under ORS 801.026 (General exemptions). Exemptions are partial or complete as described in the following:

(1) Any vehicle on any way, thoroughfare or place owned by a district formed under ORS chapters 545, 547, 551 or a corporation formed under ORS chapter 554.

(2) Any vehicle on any road or thoroughfare or property in private ownership or any road or thoroughfare, other than a state highway or county road, used pursuant to any agreement with any agency of the United States or with a licensee of such agency or both.

(3) Operations approved under a variance permit issued under ORS 818.200 (Authority to issue variance permits) are subject to the terms of the permit. It shall be a defense to any charge of violation of ORS 815.160 (Unlawful use of metal objects on tires) if the person so charged produces a variance permit issued under ORS 818.200 (Authority to issue variance permits) authorizing the operation issued prior to and valid at the time of the offense.

(4) Vehicles actually engaged at the time in construction or repair of highways in this state.

(5) Traction engines moved upon dirt or unimproved roads.

(6) Vehicles equipped with chains as defined in ORS 815.045 (Rules for use of traction tires, retractable studded tires and chains).

(7) Between November 1 of any year and April 1 of the following year, vehicles equipped with any tire having on its periphery studs of metal or other material projecting beyond the tread surface of the tire not less than four-hundredths (0.04) inch nor more than six-hundredths (0.06) inch and made of such material that the studs will wear, through use, at the same rate as the tread surface of the tire. When the preservation of the highway surface or the safety of the traveling public so indicates, the Department of Transportation shall have the authority to shorten or lengthen the period for the permissible use of such tires in any area of the state specifically designated by the department.

(8) School buses with a loaded weight of 10,000 pounds or more.

(9) Emergency vehicles and ambulances used in an emergency situation.

(10) Motor vehicles used for regularly scheduled medical transport services.

(11) The owner or lessee of any land adjoining any highway may move across or along the highway any tractor or implement of husbandry for the purpose of planting, cultivating, caring for or harvesting any crop, on condition that the owner or lessee shall be liable to the State of Oregon for the benefit of the State Highway Fund with respect to state highways, or to the proper county for the benefit of the county road fund with respect to county highways, for any damage or injury done to the highway by the movement.

(12) Vehicles equipped with retractable studded tires as defined in ORS 815.045 (Rules for use of traction tires, retractable studded tires and chains). [1983 c.338 §479; 1985 c.420 §7; 1997 c.493 §4; 2003 c.757 §1; 2007 c.406 §2]

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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
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