Bill Text: OR HB2238 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to farm vehicle registration.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2238 Detail]

Download: Oregon-2011-HB2238-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1847

                           A-Engrossed

                         House Bill 2238
                  Ordered by the House March 23
            Including House Amendments dated March 23

Sponsored by Representatives GILLIAM, WEIDNER (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Permits small woodland owner to register vehicle as farm
vehicle { +  if woodland and vehicle meet certain
requirements + }.
    { - Allows - }   { + Modifies circumstances under which + }
farmers using farm plates   { - to - }   { + may + } haul logs
from farm.

                        A BILL FOR AN ACT
Relating to farm vehicle registration; amending ORS 805.310,
  805.320 and 805.390.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 805.310 is amended to read:
  805.310.  { + (1) Except as provided in subsection (3) of this
section, + } to qualify for issuance of registration described
under ORS 805.300 a person must be engaged, either as owner or
renter, in operating one or more farms, orchards or ranches
actually producing agricultural products or raising livestock in
sufficient quantities to reasonably require the use of the motor
vehicle or vehicles for which the farm vehicle   { - license - }
 { +  registration + } is sought.
   { +  (2) + } Cooperative corporations or associations
organized under the provisions of ORS chapter 62 or corporations
or subsidiaries of corporations do not qualify for the issuance
of   { - licenses - }  { +  registration + } described under ORS
805.300 if owned by more than 100 shareholders.
   { +  (3) A person who owns a farm that is a small woodland of
less than 5,000 acres of forestland may register a motor vehicle
under ORS 805.300 to transport timber if the motor vehicle has a
gross vehicle weight rating of 26,000 pounds or less.
  (4) + } As used in this section  { - , - }  { + :
  (a) 'Farm' includes a small woodland of less than 5,000 acres
of forestland.
  (b) + } 'Shareholder' has the meaning given that term in ORS
60.001.
  SECTION 2. ORS 805.320 is amended to read:
  805.320.  { + (1) + } Application for registration described
under ORS 805.300 shall be made in a form prescribed by the

Department of Transportation and certified to by the applicant
and shall include all of the following:
    { - (1) - }  { +  (a) + } The name and residence or business
address of the applicant, except as provided for Address
Confidentiality Program participants in ORS 192.846.
    { - (2) - }  { +  (b) + } The number of acres as shown on the
latest county real property tax statements of one or more of the
farms, orchards or ranches upon which the motor vehicle sought to
be registered is to be used.
    { - (3) - }  { +  (c) + } The type and amount of agricultural
commodities, agricultural products or livestock produced annually
on one or more of the farms, orchards or ranches upon which the
motor vehicle sought to be registered is to be used.
    { - (4) - }  { +  (d) + } The number of trucks used on the
one or more farms, orchards or ranches upon which the motor
vehicle sought to be registered is to be used and the combined
weight of the motor vehicle sought to be registered.
    { - (5) - }  { +  (e) + } A statement that any motor vehicle
registered under ORS 805.300:
    { - (a) - }  { +  (A) + } Will be used for one or more of the
purposes specified under ORS 805.390.
    { - (b) - }  { +  (B) + } Will not be used, at any time while
registered under ORS 805.300, for any other purpose or for the
transportation of any other commodities or products for hire
except as provided under ORS 825.024.
    { - (c) - }  { +  (C) + } Is needed in the operation of the
one or more farms, orchards or ranches upon which the motor
vehicle sought to be registered is to be used.
    { - (6) - }  { +  (f) + } Any other information required by
the department.
    { - (7) - }  { +  (g) + } Additional information required by
law or by the department in making an application for regular
registration for the motor vehicle.
    { - (8) - }  { +  (2) + } The application shall contain a
declaration that it is made under penalties for false
certification. Violation of this subsection is subject to
penalties under ORS 805.370.
   { +  (3) As used in this section, 'farm' includes a small
woodland of less than 5,000 acres of forestland. + }
  SECTION 3. ORS 805.390 is amended to read:
  805.390.  { + (1) + } This section establishes the uses allowed
for vehicles registered under ORS 805.300, and for vehicles
authorized by ORS 805.400 to be registered under ORS 826.009 or
826.011.  Vehicles with farm vehicle registration or farm vehicle
proportional registration may only be used for purposes described
in this section. Uses permitted on a farm under this section are
also permitted on one or more farms, orchards or ranches of the
qualifying farmer. Violation of the limits established under this
section is subject to penalty under ORS 805.350. The following
describes the uses permitted vehicles registered under ORS
805.300 and for vehicles authorized by ORS 805.400 to be
registered under ORS 826.009 or 826.011:
    { - (1) - }  { +  (a) + } The vehicles may be used in
transporting the farmer's own agricultural commodities,
agricultural products or livestock that were originally grown or
raised by the farmer on the farmer's own farm. This
 { - subsection - }  { +  paragraph + } includes products and
by-products of commodities or livestock that were packed,
processed or manufactured by or for the farm operation so long as
the farmer retains ownership of the products but does not include
products that have been transformed into a finished state.  For
purposes of this   { - subsection - }  { +  paragraph + },
products have not been transformed into a finished state if the
products:
    { - (a) - }  { +  (A) + } Will be used in agricultural
production;
    { - (b) - }  { +  (B) + } Will be used in the production of
another product;
    { - (c) - }  { +  (C) + } Are not changed in visible
character; or
    { - (d) - }  { +  (D) + } Are of a type or kind ordinarily
requiring further processing prior to sale to the ultimate
consumer.
    { - (2) - }  { +  (b) + } The vehicles may be used in any
transportation that is incidental to the regular operation of the
farmer's farm.
    { - (3) - }  { +  (c) + } The vehicles may be used to
transport supplies, equipment or materials to the farmer's farm
that are consumed or used on the farm.
    { - (4) - }  { +  (d) + } The vehicles may be used in
transporting forest products to the farmer's own farm or
transporting for any purpose forest products originating on the
farmer's farm. The only forest products included under this
 { - subsection - }  { +  paragraph + } are forest materials
originating on a farm or as an incident to the regular operation
of a farm.
    { - (5) - }  { +  (e) + } The vehicles may be used in the
transportation of products, supplies, equipment or materials for
another farmer who qualifies under ORS 805.310 on an exchange of
labor basis if such products, supplies, equipment or materials
are to be used or consumed on such farm or are directly related
to the operation of the farm.
    { - (6) - }  { +  (f) + } The vehicles may be operated for
the personal use of the farmer, any member of the farmer's
immediate family or any person in the farmer's employ.
    { - (7) - }  { +  (g) + } The vehicles   { - shall - }  { +
may + } not be used to transport any of the following:
    { - (a) - }  { +  (A) + } Piling.
    { - (b) - }  { +  (B) + } Poles over 30 inches in
circumference at the large end.
    { - (c) - }  { +  (C) + } Except as otherwise provided in
this   { - paragraph - }  { +  subparagraph + }, logs over eight
feet six inches in length. A vehicle may be used to transport
logs over eight feet six inches but not over   { - 16 feet 6
inches - }  { +  17 feet + } in length if the vehicle has a
loaded weight of   { - 16,000 - }  { +  26,000 + } pounds or
less.
    { - (8) - }  { +  (h) + } The vehicles may be partially
operated under a permit issued by the Department of
Transportation under ORS 825.102, as described in ORS 825.024.
When operated under a permit issued under ORS 825.102, the
vehicles are subject to ORS chapter 825.
    { - (9) - }  { +  (i) + } The vehicles may be partially
operated for hire as permitted in ORS 825.024 (1)(c) and (d).
    { - (10) - }  { +  (j) + } The vehicles may be rented or
borrowed by a farmer to haul the farmer's own products if the
farmer would qualify for farm vehicle registration for vehicles
of the type and size rented or borrowed.
    { - (11) - }  { +  (k) + } The vehicles may be used in
transporting straw, whether or not the straw was grown on the
farmer's own farm, if the transporting farmer is the one who
bales the straw.
   { +  (2) As used in this section, 'farm' includes a small
woodland of less than 5,000 acres of forestland. + }
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