Current through Register Vol. 63, No. 9, September 1, 2024
General Provision:
(1)
A person operating a motorized vehicle or device on the ocean shore state
recreation area must-
(a) Observe all posted
signs, including signs that prohibit the operation of motorized vehicles or
devices; and
(b) Restrict speed and
manner of operation to reasonable and prudent practice, considering the
terrain, prevailing conditions, equipment, personal capabilities, personal
safety and the safety of all other ocean shore state recreation area users,
natural resources, and wildlife.
(2) A person operating a motorized vehicle or
device on the ocean shore state recreation area may not:
(a) Disturb or harass wildlife or other
natural resources, or
(b) Block
access, use, or the safe and uninterrupted passage of others on the ocean shore
state recreation area.
Motor Vehicle Provisions:
(3) A person may not use a motor vehicle as
defined in ORS 825.005(9) on
any area of the ocean shore state recreation area unless the department had
posted the area as open. A person may use a motor vehicle on a closed area only
pursuant to a permit issued by the department.
(4) On an area of the ocean shore state
recreation area that the department has posted as open to motor vehicle use, a
person may only operate a motor vehicle that is registered to operate on public
highways and roads.
(5) On the
ocean shore state recreation area fronting the Oregon Dunes National Recreation
Area and Sand Lake Recreation Area, a person may use an ATV or OHV provided
that the vehicles is equipped with at least the minimum safety equipment as
specified in OAR 735-116-0000.
(6) A person may not operate a Class I ATV on
the ocean shore state recreation area, except:
(a) If the person obtains an Ocean Shores ATV
Operating Permit from the department as provided in OAR
736-004-0062.
(b) On the ocean shore state recreation area
fronting the Oregon Dunes National Recreation Area and Sand Lake Recreation
Area. A person may operate a Class I ATV registered in a state other than
Oregon under this subsection.
(7) Unless otherwise posted, a person may not
operate motorized vehicles or devices within the ocean shore state recreation
area at speeds in excess of 25 mph in open sections and 10 mph in closed
sections.
(8) A person operating a
motorized vehicle or device must comply with regulatory signs in the ocean
shore state recreation area. All provisions of motor vehicle laws of the State
of Oregon are applicable and enforceable.
(9) The department may have a motorized
vehicle or device towed at the owner's expense if left unattended for more than
24 hours or immediately if it meets one or more of the following criteria:
(a) Blocks or restricts a beach
access,
(b) Is owned by a person
who has been excluded or who is in violation of criminal trespass, or
(c) Poses harm to the beach environment or
ocean shore resources, creates a hazard to humans or wildlife, is a nuisance or
may become a navigational hazard if washed out to sea.
(10) Vehicle operators must have a valid
driver's license in their possession, except at ocean shore state recreation
area adjacent to Oregon Dunes National Recreation Area and Sand Lake Recreation
Area that are open to ATV use.
(11)
A person whose driving privilege has been suspended or revoked may not operate
any vehicle on the ocean shore recreation area, including at ocean shore state
recreation areas adjacent to the Oregon Dunes National Recreation Area and at
Sand Lake Recreation Area.
(12) A
person may not use any vehicle in western snowy plover-management areas as
provided in OAR 736-021-0090.
ATV-Specific Provisions:
(13) A person operating an ATV on designated
portions of the ocean shore state recreation area under this rule must comply
with the following equipment requirements:
(a)
Flag: All vehicles must display a highly visible red or orange flag when on the
sand.
(A) The flag must be displayed
vertically and be at least nine feet from the ground level when the vehicle is
under power; and
(B) The flag
dimensions must be at minimum 8 inches wide and 12 inches long.
(b) Helmet: Operators and
passengers younger than 18-years-old in a Class I, III or IV ATV must wear a
Department of Transportation-approved helmet with the chin strap fastened while
operating an ATV. In addition, operators and passengers younger than 18 years
of age must also wear a Department of Transportation-approved helmet with the
chin strap fastened while operating a Class II nonregistered vehicle.
(c) Fuel tank: All fuel tanks must meet the
following requirements:
(A) Must be securely
mounted;
(B) Must be properly
constructed of industrial material for carrying fuel;
(C) All connections must be secure and tight;
and
(D) All mechanical fluids and
fuel must be securely contained to ensure no leakages that may affect the ocean
shore state recreation area.
(d) Muffler: All vehicles must be equipped
with a muffler that conforms to the current noise level and defect standards of
the Department of Environmental Quality for vehicles operated off
road.
(14) A person
operating an ATV on designated portions of the ocean shore state recreation
area is subject to the following conditions:
(a) ATV Operator Permit: Operators of Class
I, III and IV ATVs must obtain an ATV Safety Education Card, also known as an
ATV operator permit, according to OAR
736-004-0085 and comply with all
the provisions in OAR
736-004-0085.
(A) The department shall honor an ATV permit
issued by another state, as detailed in OAR
736-004-0070.
(B) A temporary ATV Safety Education Card is
valid for operation on the ocean shore state recreation area if the operator
meets the provisions of OAR
736-004-0095.
(C) These rules apply to all ATV operators,
regardless of state of residence.
(D) Only persons with disabilities and park
employees, emergency personnel or natural resources workers on official duty
that have obtained an Ocean Shores ATV Operating Permit from the department may
operate a Class I ATV on the ocean shore state recreation area.
(b) Placement of ATV Permit: A
person must display his or her ATV operating permits as provided in OAR
736-004-0065.
(c) Rider Fit: ATV operators younger than 16
years of age must meet the rider-fit criteria established in OAR
736-004-0115
Other Vehicle Provisions:
(15) A person may take off or land on the
ocean shore in a powered aircraft, airborne vehicle or other aircraft:
(a) In an emergency, or
(b) As authorized in a special-use permit
from the department as provided in OAR 736-016.
Statutory/Other Authority: ORS
390.660
Statutes/Other Implemented: ORS
390.668 &
390.660
