801.026
General exemptions; exceptions.
(1) Persons, motor vehicles and equipment employed or used by a public or
telecommunications utility, electric cooperative or by the United States, this
state or any political subdivision of this state are exempt from the provisions
of the vehicle code specified in subsection (3) of this section while on a
highway and working or being used to service, construct, maintain or repair the
facilities of a utility.
(2) Persons,
motor vehicles and equipment employed or being used in the construction or
reconstruction of a street or highway are exempt from the provisions of the
vehicle code specified in subsection (3) of this section if:
(a) They are
within the immediate construction project as described in the governmental
agency contract, if there is a contract; and
(b) The work is
being done in an area that is signed in accordance with the manual adopted
under ORS 810.200.
(3) Persons,
motor vehicles and equipment described in subsections (1) and (2) of this
section are exempt from provisions of the vehicle code relating to rules of the
road as described in ORS chapter 811, except that this subsection does not
apply to:
(a) Reckless
driving, as defined in ORS 811.140.
(b) Driving while
under the influence of intoxicants, as defined in ORS 813.010.
(c) Failure to
perform the duties of a driver involved in a collision, as described in ORS
811.700 or 811.705.
(d) Criminal
driving while suspended or revoked, as defined in ORS 811.182.
(e) Fleeing or
attempting to elude a police officer, as defined in ORS 811.540.
(f) The
provisions of ORS 811.145, 811.155, 811.170 and 811.175.
(4) Motor
vehicles and equipment being used in the area and in the manner described in
subsection (2) of this section are also exempt from the provisions of the
vehicle code relating to vehicle size and weight to the extent set out in the
governmental agency contract.
(5) Devices moved
exclusively on stationary rail tracks are exempt from the vehicle code.
(6) Devices that
are powered exclusively by human power are not subject to those provisions of
the vehicle code that relate to vehicles. Notwithstanding this subsection,
bicycles are generally subject to the vehicle code as provided under ORS
814.400.
(7) The
exemptions in subsection (3) of this section do not apply to the persons and
vehicles when traveling to or from the facilities or construction project. [1989
c.400 §2 (enacted in lieu of 801.025); 1999 c.1051 §82; 2018 c.22 §5]
Notes of Decisions
Cited in
6
cases, 2002–2020 · leading case:
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
· cites it 11× “026 lists a number of exemptions from provisions of the vehicle code: “(1) Persons, motor vehicles and equipment employed or used by a public or telecommunications utility, electric cooperative or by the United States, this state or any political subdivision of this state are…”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008).
· cites it 4× “On appeal, the defendant argued that the trial court erred in denying the motion for judgment of acquittal, because ORS 801.026(6) expressly exempts from the definition of “vehicle” devices other than bicycles that are exclusively human powered.”
Lavey v. Kroger, 258 P.3d 1194 (Or. 2011).
“The exemptions under this section are in addition to any under ORS 801.026. Exemptions are partial or complete as described in the following:] The following are exempt from the prohibitions of ORS 815.”
State v. Greene, 388 P.3d 1132 (Or. Ct. App. 2016).
· cites it 2× “Second, it contends that, because the vehicle code in ORS 801.026(6) exempts exclusively human-powered vehicles, except bicycles, from the provisions of the vehicle code that apply to vehicles, the legislature intended to treat operators- of motorized wheelchairs—as opposed to…”
State v. Potter, 57 P.3d 944 (Or. Ct. App. 2002).
· cites it 2× “The state argues, however, that two other statutes — ORS 801.026(6) and ORS 814.400 — make ORS 811.”
State v. Boekelheide, 469 P.3d 863 (Or. Ct. App. 2020).
“Likewise, ORS 814.400(2) provides both that “[a] bicycle is a vehicle for purposes of the vehicle code” and that, “when the term ‘vehicle’ is used[,] the term shall be deemed to be applicable to bicycles.”
— Or. Rev. Stat. § 801.026(3) — 1 case
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
“026 lists a number of exemptions from provisions of the vehicle code: “(1) Persons, motor vehicles and equipment employed or used by a public or telecommunications utility, electric cooperative or by the United States, this state or any political subdivision of this state are…”
— Or. Rev. Stat. § 801.026(6) — 5 cases
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
“026 lists a number of exemptions from provisions of the vehicle code: “(1) Persons, motor vehicles and equipment employed or used by a public or telecommunications utility, electric cooperative or by the United States, this state or any political subdivision of this state are…”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008).
“On appeal, the defendant argued that the trial court erred in denying the motion for judgment of acquittal, because ORS 801.026(6) expressly exempts from the definition of “vehicle” devices other than bicycles that are exclusively human powered.”
State v. Greene, 388 P.3d 1132 (Or. Ct. App. 2016).
“Second, it contends that, because the vehicle code in ORS 801.026(6) exempts exclusively human-powered vehicles, except bicycles, from the provisions of the vehicle code that apply to vehicles, the legislature intended to treat operators- of motorized wheelchairs—as opposed to…”
State v. Potter, 57 P.3d 944 (Or. Ct. App. 2002).
“The state argues, however, that two other statutes — ORS 801.026(6) and ORS 814.400 — make ORS 811.”
State v. Boekelheide, 469 P.3d 863 (Or. Ct. App. 2020).
“Likewise, ORS 814.400(2) provides both that “[a] bicycle is a vehicle for purposes of the vehicle code” and that, “when the term ‘vehicle’ is used[,] the term shall be deemed to be applicable to bicycles.”
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