Public-domain · open source
OpenJurist

ORS 811.215

Known as the Milkman Mike Act

The act spans §§ 811.005 to 811.812 (201 sections).

Applied in 5 court decisions — leading case Oregon Traffic Safety Now, Inc. v. Roberts (1987)

Most recently applied in State v. Donaldson (April 2022)

1985 c.619 §3; 1987 c.138 §3; 1991 c.2 §2; 1997 c.509 §3; 1999 c.1057 §4; 2003 c.589 §5; 2005 c.244 §1; 2005 c.770 §8; 2007 c.200 §1; 2007 c.601 §3; 2018 c.93 §37; 2019 c.398 §1

How often courts cite this section

19871990200020102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

ORS 811.210 does not apply to:

(1) Privately owned commercial vehicles that are being used for the transportation of persons for compensation or profit. The exemption in this subsection does not apply to any of the following:

(a) Motor carriers, as defined in ORS 825.005, when operating in interstate commerce.

(b) Vehicles designed and used for the transportation of 15 or fewer persons, including the driver, except that the operator of a vehicle described in this paragraph is not required to:

(A) Be properly secured with a safety belt or safety harness as required by ORS 811.210 if the operator is a taxicab operator; or

(B) Ensure that a passenger is properly secured with a child safety system as described in ORS 811.210 (2)(a), (b) or (c).

(2) Any vehicle not required to be equipped with safety belts or safety harnesses at the time the vehicle was manufactured, unless safety belts or safety harnesses have been installed in the vehicle.

(3) Any vehicle exempted by ORS 815.080 from requirements to be equipped upon sale with safety belts or safety harnesses.

(4) Any person for whom a certificate is issued by the Department of Transportation under ORS 811.220.

(5) Any person who is a passenger in a vehicle if all seating positions in the vehicle are occupied by other persons.

(6) Any person who is being transported while in the custody of a police officer or any law enforcement agency.

(7) Any person who is driving a vehicle while on a newspaper or mail route for the purpose of and while actually engaged in delivering newspapers or mail in the regular course of work.

(8) Any person who is riding in an ambulance for the purpose of administering medical aid to another person in the ambulance, if being secured by a safety belt or safety harness would substantially inhibit the administration of medical aid.

(9) Any person who is reading utility meters in the regular course of work.

(10) Any person who is employed to operate a vehicle owned by a mass transit district while the vehicle is being used for the transportation of passengers in the public transportation system of the district.

(11) Any person who is collecting solid waste or recyclable materials in the regular course of work.

(12) Any person who is employed to operate a vehicle owned by a tribal government public transportation system while the vehicle is being used for the transportation of passengers in the public transportation system of the tribal government.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.