2017 ORS 816.010¹
Authority to adopt and enforce standards for lighting equipment
  • testing for compliance with standards

(1) The Department of Transportation shall adopt and enforce minimum standards for vehicle lighting equipment under ORS 816.040 (Lighting equipment standards) to 816.290 (End load lights) including installation, adjustment and aiming and adjustment when in use on motor vehicles.

(2) As federal regulations concerning vehicle lighting equipment are subsequently amended or repealed, the department may consider subsequent federal vehicle lighting equipment standards and adopt standards with respect to any vehicle lighting equipment applicable to the same aspect of performance of the vehicle lighting equipment if the department determines that the subsequent federal standards are practicable, provide an objective standard and meet the need for vehicle safety.

(3) When the department has reason to believe that any lighting equipment, as it is being sold commercially, does not comply with established standards, the department may have the device tested by a recognized testing laboratory to determine if the lighting equipment complies with the standards adopted under this section.

(4) Standards adopted under this section must be consistent with vehicle standards established under federal regulations or by the Society of Automotive Engineers.

(5) Standards adopted by the department under this section supersede any equipment provision of the vehicle code applicable to the same aspect of performance that conflicts with a specific provision of a standard adopted by the department under this section with respect to compliance with safety standards in effect at the time of sale.

(6) The department shall continue to adopt equipment standards as required under other sections of the vehicle code if there are no standards under this section.

(7) The department may at any time purchase in the open market and submit to the testing laboratory one or more sets of any lighting equipment, and if the lighting equipment, upon testing, fails to meet the standards adopted for lighting equipment under this section, the department shall enforce the penalties set forth in ORS 816.030 (Selling noncomplying lighting equipment) to 816.300 (Operation with nonstandard lighting equipment).

(8) Prohibitions and penalties relating to the standards adopted under this section are set forth in ORS 816.030 (Selling noncomplying lighting equipment) to 816.300 (Operation with nonstandard lighting equipment). [1983 c.338 §447; 2003 c.158 §17]

Chapter 816

Notes of Decisions

Under Former Similar Statute

Statutory require­ments for lighting of motor vehicles apply to a tractor when operated on a highway, even when the tractor is crossing the highway at right angles to the flow of traffic. Beglau v. Albertus, 272 Or 170, 536 P2d 1251 (1975)

1 Legislative Counsel Committee, CHAPTER 816—Vehicle Equipment: Lights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors816.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 816, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano816.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.