Or. Admin. Code § 736-004-0015 - Definitions
For purposes of this division, the following definitions shall apply:
(1) "Acquisition" means the
gaining of real property rights for public use by donation or purchase
including, but not limited to, fee title or easements.
(2) "Approved Course Provider" is any
individual or organization who instructs or provides an OPRD-approved Class I,
III or IV ATV safety course.
(3)
"ATV" or "All-Terrain Vehicle" means:
(a)
Class I ATV, as defined in ORS
801.190.
(b) Class II ATV, as defined in ORS
801.193.
(c) Class III ATV, as defined in ORS
801.194.
(d) Class IV ATV, as defined in ORS
801.194.
(e) May also be referred to as an OHV or
Off-Highway Vehicle.
(4)
"ATV-AC" means the seventeen-member All-Terrain Vehicle Advisory Committee
established by ORS 390.565 and appointed by the
commission.
(5) "ATV Account" means
those moneys described in ORS
390.555 and deposited in a
separate account in the State Parks and Recreation Department Fund. Moneys in
the ATV Account may also be called "ATV grant funds."
(6) "ATV Grant Instruction Manual" means a
manual prepared by OPRD containing state and federal policies, procedures,
guidelines, and instructions to assist current and potential project
sponsors.
(7) "ATV Grant
Subcommittee" means the seven-member subcommittee established by ORS
390.565(5)(a).
(8) "ATV Operating Permit" means a permit
(decal) issued through OPRD and which is permanently affixed to the vehicle.
The permit authorizes the use of ATV's on trails and within designated areas
authorized by the appropriate authorities.
(9) "ATV Operating Permit Agent" means a
person, business or government agency to whom OPRD consigns ATV operating
permits and decals for sale as a service to the general public.
(10) "ATV Operator Permit" means the ATV
Safety Education Card issued upon completion of an OPRD-approved ATV Safety
Education course and passage of the minimum standards test of ATV Safety
Education competency as established by OPRD.
(11) "ATV Safety Checklist" is a document
provided to a dealer, guide service, rental, or livery agent by OPRD that
consists of selected facts about Oregon ATV laws.
(12) "ATV Safety Course" is any OPRD-approved
course of instruction that is offered by an approved course provider and
concludes with an examination.
(13)
"ATV Safety Education" means those grant projects that include but are not
limited to training programs, media with information for the public, safe
riding practices, environmental ethics, or any combination thereof.
(14) "All-Terrain Vehicle Safety Education
Card" is the ATV Operator's Permit required by ORS
390.570,
390.575, and
390.577.
(15) "Certificate of Completion" is a
certificate generated by OPRD indicating completion of the internet ATV Safety
Course.
(16) "Commission" means the
State Parks and Recreation Commission.
(17) "Conversion" means any real property
acquisition or development that is later wholly or in part converted to another
use other than its intended and stated use as described in the grant
application and the grant agreement.
(18) "Correspondence Course and Self-Test"
means a Class I, III or IV ATV safety course and examination provided by the
OPRD that is taken at home without a proctor. This correspondence course and
self-test will satisfy minimum standard of ATV safety education competency only
for those individuals who have qualified for hardship status.
(19) "Dealer" means any person or business
duly certified under ORS
822.020 and
822.040 to sell Class I, III, or
IV ATVs.
(20) "Development" means
the planning, design, construction and improvement of ATV recreational
facilities, trails, and riding areas.
(21) "Director" means the director of the
Oregon Parks and Recreation Department.
(22) "Dry Weight" means the unloaded weight,
absent of all fluids, passengers, and any materials such as ice, snow or
mud.
(23) "Emergency Medical
Services" means medical services performed by certified personnel and the
necessary items to perform their duties.
(24) "Endorsement Code" means an identifying
color, text or mark on the ATV Safety Education Card that indicates the
operator meets or exceeds OPRD's minimum standards in an approved hands-on ATV
evaluation program.
(25)
"Equivalency Exam" means a comprehensive written examination created by OPRD to
provide either Class I or Class III operators, who are at least 16 years of age
and have five or more years operating a Class I or a Class III vehicle, the
opportunity to meet the minimum standard of ATV safety education
competency.
(26) "Evaluation
Course" means a course that measures the ATV operator's ability to demonstrate
control of an ATV.
(27) "Grant
Agreement" means an agreement between OPRD and a project sponsor describing the
terms and conditions of a project and its associated grant of funds.
(28) "Grant Application" means the form and
its format as developed by OPRD that the project sponsor uses to request ATV
grant funds.
(29) "Hands-on
Training" means any OPRD-approved evaluation course offered by an OPRD-approved
course provider.
(30) "Hardship
Status" means a situation or condition that prevents an individual from taking
the ATV safety internet course. A hardship situation may allow an individual to
use a correspondence course and self-test provided by OPRD. An individual must
submit a written request for hardship status. The OPRD Director or designee has
the authority to grant or deny hardship status.
(31) "Instruction Permit" is a provisional
permit issued by OPRD to youth under the age of 16 upon successful completion
of the OPRD internet course.
(32)
"Internet Course" means an OPRD-approved course of instruction that is offered
through the internet.
(33) "Law
Enforcement Services" means law enforcement services performed by certified
personnel and the necessary items to perform their duties.
(34) "Minimum Standards of ATV Safety
Education Competency" means a standard of proficiency established by OPRD that
determines whether an applicant for a Class I, III, or IV ATV Safety Education
Card has met or exceeded the requirements of an ATV safety course.
(35) "Notice to Proceed" means the
notification from OPRD that the Director or designee and the project sponsor
have signed the grant agreement authorizing the project.
(36) "OHV" means Off Highway Vehicle, also
called ATV.
(37) "Operations and
Maintenance" means the preservation, rehabilitation, restoration, operation and
upkeep of the facilities, riding areas, and equipment, including the purchase
of equipment necessary to perform these functions.
(38) "OPRD" means the Oregon Parks and
Recreation Department.
(39)
"Personal Property" means tangible property other than land: movable property
including but not limited to items such as an ATV, trail repair equipment, or
other movable property purchased through the ATV Grant Program.
(40) "Planning" means the research, design,
engineering, environmental, and site survey of ATV recreation areas, trails, or
facilities.
(41) "Project Sponsor"
means the recipient of the grant funds and the responsible party for
implementation of the project.
(42)
"Public Lands" includes publicly and privately-owned land that is open to the
general public for the use of all-terrain vehicles.
(43) "Real Property" means immovable
property: land together with all the property on it that cannot be moved,
together with any attached rights.
(44) "Rider Fit" means the minimum physical
size requirements that a Class I ATV operator under 16 years of age must meet
in relationship to the vehicle to be operated as established by OPRD and
described in OAR 736-004-0115.
(45) "Successor" means a governmental entity
that has agreed to accept the terms and conditions of the project sponsor's
responsibilities as contained in the project sponsor's grant agreement and
grant application should the project sponsor cease to exist; for example, if a
club or non-profit organization should dissolve or disband. The successor shall
agree to operate the project continuously for the public benefit and
recreational purposes identified in the grant agreement and the grant
application. If OPRD is a successor under OAR
736-004-0025(1)(c),
OPRD may operate, sell, or qualify another successor to the project.
(46) "Sustainability" means using,
developing, protecting, and managing the resource in a manner that enables
people to meet current and future generation needs from the multiple
perspective of environmental, economic, and community objectives.
(47) "Temporary ATV Safety Education Card" is
a document issued by OPRD or an approved course provider allowing the bearer to
operate a Class I, III, or IV ATV in Oregon for a period of time not to exceed
30 days.
Notes
Statutory/Other Authority: ORS 390.180 & 390.585
Statutes/Other Implemented: ORS 390.180
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