Failure to have required pollution control equipment
- • exemptions
- • penalty
(1) A person commits the offense of failure to be equipped with required pollution control equipment if the person operates a motor vehicle upon a highway or leaves a motor vehicle standing upon a highway and the vehicle is not equipped with a motor vehicle pollution control system, as defined under ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400), that is in compliance with motor vehicle pollutant, noise control and emission standards adopted by the Environmental Quality Commission under ORS 468A.360 (Motor vehicle emission and noise standards).
(2) A person shall not be found in violation of this section if proof of compliance has been issued for the vehicle in compliance with ORS 815.310 (Proof of compliance with requirements). Whenever proof of compliance is revoked, suspended or restricted because a certified system, as defined in ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400), or factory-installed system, as defined in ORS 468A.350 (Definitions for ORS 468A.350 to 468A.400), has been found to be unsafe in actual use or is otherwise mechanically defective, the defect must be corrected or the system must be brought into compliance with the rules of the commission within 30 days after such finding.
(3) Exemptions to this section are established under ORS 815.300 (Exemptions from requirement to be equipped with pollution control system). In addition to such exemptions, the following exemptions to this section are established:
(a) If the Environmental Quality Commission adopts a rule under ORS 468A.360 (Motor vehicle emission and noise standards) requiring certified or factory-installed systems on motor vehicles registered in designated counties, such vehicles are not required to be in compliance with such rules until after the date of registration, reregistration or renewal of the vehicle immediately subsequent to the effective date of the rule.
(b) Implements of husbandry, road machinery, road rollers and farm tractors are exempt from this section.
(c) Antique vehicles maintained as collectors items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property, are exempt from this section.
(4) The offense described in this section, failure to be equipped with required pollution control equipment, is a Class C traffic violation. [1983 c.338 §504; 1985 c.16 §262; 1985 c.393 §27; 1989 c.22 §3; 1995 c.383 §28]
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