This section establishes exemptions from the limitations placed on the use of snowmobiles and all-terrain vehicles under ORS 821.190. The prohibitions and penalties under ORS 821.190 do not apply when a snowmobile or all-terrain vehicle that qualifies for the exemption from equipment requirements under ORS 821.010 is being operated as described under any of the following:

1. (1) A person may lawfully cross a highway or railroad right of way while operating a snowmobile or all-terrain vehicle if the person complies with all of the following:

   1. (a) The crossing must be made at an angle of approximately 90 degrees to the direction of the highway or railroad right of way.
   2. (b) The crossing must be made at a place where no obstruction prevents a quick and safe crossing.
   3. (c) The vehicle must be brought to a complete stop before entering the highway or railroad right of way.
   4. (d) The operator of the vehicle must yield the right of way to vehicles using the highway or equipment using the railroad tracks.
   5. (e) The crossing of a railroad right of way must be made at an established public railroad crossing.
   6. (f) The crossing of a highway must be made at a highway intersection or at a place that is more than 100 feet from any highway intersection.
   7. (g) If the operator of a snowmobile is under 12 years of age, a person who is 18 years of age or older must accompany the operator either as a passenger or as the operator of another snowmobile that is in proximity to the younger operator.

2. (2) A snowmobile or all-terrain vehicle may be lawfully operated upon a highway under any of the following circumstances:

   1. (a) Where the highway is completely covered with snow or ice and has been closed to motor vehicle traffic during winter months.
   2. (b) For purposes of loading or unloading when such operation is performed with safety and without causing a hazard to vehicular traffic approaching from either direction on the highway.
   3. (c) Where the highway is posted to permit snowmobiles or all-terrain vehicles.
   4. (d) In an emergency during the period of time when and at locations where snow upon the highway renders travel by automobile impractical.
   5. (e) When traveling along a designated snowmobile or all-terrain vehicle trail.

3. (3) It shall be lawful to operate a snowmobile or all-terrain vehicle upon a railroad right of way under any of the following circumstances:

   1. (a) Where the right of way is posted to permit the operation.
   2. (b) In an emergency.
   3. (c) When the snowmobile or all-terrain vehicle is operated by an officer or employee or authorized contractor or agent of a railroad.

[1983 c.338 §727; 1985 c.72 §3; 1985 c.459 §29; 1989 c.991 §13; 1999 c.372 §2; 1999 c.565 §5; 2007 c.887 §3; 2017 c.453 §2]