ORS  Guide
Failure to properly use safety belts
ORS > Vehicle Code > Careless & Reckless Behaviour > 811.210
(1)(a) except as provided in 811.215 (Exemptions from safety belt requirements), it's a violation of this statute if anyone:
(A) operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required in paragraph (2)
(B) is the parent, legal guardian or person with legal responsibility for the safety and welfare of a minor under 16 and while operating on public lands a Class I ATV, Class II ATV or Class IV ATV that isn't registered uner 803.420 (Registration fees), the minor is not properly secured with a safety belt or safety harness.
(C) is the parent, legal guardian or person with legal responsibility for the safety and welfare of minor under 16 and while operating on public lands a Class II all-terrain vehicle registered under 803.420 (Registration fees), the minor isn't properly secured with a safety belt or safety harness as required by paragraph (2)
(D) operates a motor vehicle on the highways of this state with a passenger under 16 who isn't properly secured with a child safety system, safety belt or safety harness as required by paragraph (2)
(E) is the parent, legal guardian or person with legal responsibility for the safety and welfare of minor under 16 and while riding on public lands in or on a Class I, Class II ATV or Class IV ATV that isn't registered under 803.420 (Registration fees), the minor isn't properly secured with a safety belt or safety harness.
(F) is the parent, legal guardian or person with legal responsibility for the safety and welfare of a minor under 16 years and while riding on public lands in or on a Class II all-terrain vehicle registered under 803.420 (Registration fees), the minor isn't properly secured with a safety belt or safety harness as required by paragraph (2)
(G) is a passenger in a privately owned commercial vehicle, that's designed and used to transport fifteen (15) or fewer people, including the driver, and the passenger is 16 or older and is responsible for another passenger who is not properly secured with a child safety system as required under paragraphs (2)(a), (b) or (c)
(H) is a passenger in a motor vehicle being operated on the highways of this state who is 16 or older and who isn't properly secured with a safety belt or safety harness as required by paragraph (2)
(b) as used in this statute, “public lands” includes privately owned land that is open to the general public for the use of all-terrain vehicles as the result of funding from the All-Terrain Vehicle Account under 390.560 (Uses of All-Terrain Vehicle Account)
(2) To comply with this section:
(a) anyone under two (2) must be properly secured with a child safety system in a rear-facing position
(b) anyone weighing 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by DOT under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems) for child safety systems designed for children weighing 40 pounds or less
(c) except as provided in paragraph (3), anyone who weighs more than 40 pounds and who is 4'9" or shorter must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness properly fits them. Properly fits” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system must meet the minimum standards and specifications established by the department under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems) for child safety systems designed for children who are four feet nine inches or shorter.
(d) anyone taller than 4'9" must be properly secured with a safety belt or safety harness that meets requirements under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems)
(e) regardless of paragraphs (b) and (c) above, anyone eight (8) or older need not be secured with a child safety system but must be properly secured with a safety belt or safety harness that meets requirements under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems)
(3) the requirements of paragraph (2)(c) don't apply:
(a) if the rear seat of a vehicle is not equipped with shoulder belts, provided the person is secured by a lap belt OR
(b) if the child is properly secured with a child safety system that meets the minimum standards and specifications established by the department under 815.055 (Rules establishing standards for safety belts, harnesses and child safety systems) for child safety systems designed for children weighing more than 40 pounds.
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