Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 815.250

Operation without proper exhaust system; exemptions; penalty

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      815.250 Operation without proper exhaust system; exemptions; penalty. (1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section.

      (2) An exhaust system only meets the requirements of this section if all of the following apply:

      (a) The exhaust system must be in good working order.

      (b) The exhaust system must be in constant operation.

      (c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:

______________________________________________________________________________

 

      Maximum

      level,                              Model,

      Vehicle type                   dBA                     Year

 

I.    Motor vehicles

      required to

      establish a

      registration

      weight under

      ORS 803.430

      and commercial

      buses                              94                         before

                                                                          1976

                                             91                         1976 and

                                                                          after

 

II.   Motorcycles and

      mopeds                          94                         before

                                                                          1976

                                             91                         1976

                                             89                         after 1976

 

III. Motor vehicles

      not described

      under I or II                    92                         before

                                                                          1976

                                             88                         1976 and

                                                                          after

______________________________________________________________________________

 

      (3) This section does not apply to the following vehicles:

      (a) Vehicles of special interest that are registered under ORS 805.020 and that are:

      (A) Equipped with original manufacturer’s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or

      (B) Street rods that conform to ORS 815.107.

      (b) Road machinery, road rollers or farm tractors.

      (c) Antique vehicles that are 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.

      (4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to comply with the requirements under this section.

      (5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation. [1983 c.338 §496; 1985 c.16 §257; 1985 c.393 §23; 1997 c.402 §15; 2015 c.138 §34]

 

(Speedometer)

Notes of Decisions
Cited in 4 cases, 1992–2013 · leading case: State v. Higley
Sort: Relevance Newest Treatment
State v. Higley (2010) orctapp · cites it 5× “ORS 815.250(1) creates the offense of “Operation without proper exhaust system.”
State v. Bucholz (1992) orctapp · cites it 4× “Officer Barrong lawfully stopped the car in which defendant was a passenger for two traffic infractions: The car was emitting visible exhaust, ORS 815.250, and the driver had failed to signal before making a turn.”
State v. Jackson (1997) orctapp “245 specifies minimum clearance requirements for passenger vehicles; and ORS 815.250 requires vehicles to have proper exhaust systems.”
State v. Anderson (2013) orctapp “245 (ground clearance requirement); ORS 815.250 (exhaust system); ORS 815.255 (speedometer).”
— Or. Rev. Stat. § 815.250(1) — 1 case
State v. Higley (2010) orctapp “ORS 815.250(1) creates the offense of “Operation without proper exhaust system.”
— Or. Rev. Stat. § 815.250(2)(a) — 1 case
State v. Higley (2010) orctapp “ORS 815.250(1) creates the offense of “Operation without proper exhaust system.”
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