markjgi-@yahoo.com
815.232 Unreasonable sound amplification from a vehicle; penalty. (1) A person commits the offense of causing unreasonable sound amplification from a vehicle if the person operates, or permits the operation of, any sound amplification system which is plainly audible outside of a vehicle from 50 or more feet when the vehicle is on a public highway or on premises open to the public, unless that system is being operated to request assistance or warn of a hazardous situation. (2) Subsection (1) of this section does not apply to:
(a) Vehicles being operated outside of an urban growth boundary;
(b) Emergency vehicles as defined in ORS 801.260;
(c) Vehicles operated by utilities defined under ORS 757.005, 758.505 or 759.005, or telecommunications carriers as defined in ORS 133.721;
(d) Sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution;
(e) Audio alarm systems installed in vehicles; or
(f) Federal Communications Commission licensed two-way radio communications systems.
(3) As used in subsection (1) of this section, ?plainly audible? means any sound for which the information content of that sound is unambiguously communicated to the listener including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible musical rhythms or vocal sounds.
(4) The offense described in this section, causing unreasonable sound amplification from a vehicle, is a Class D traffic violation. [1991 c.601 ?3; 1995 c.383 ?27; 1999 c.1093 ?19]
Note: 815.232 and 815.233 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to any chapter or series therein. See Preface to Oregon Revised Statutes for further explanation.
815.233 Enhancement of penalty for violation of ORS 815.232. A person otherwise convicted of a violation under ORS 815.232 (4) commits a misdemeanor if:
(1) The person has been convicted of three or more violations of ORS 815.232 (1) within 12 months immediately preceding the commission of the offense; and
(2) The prior convictions are admitted by the defendant or alleged in the accusatory pleading. [1991 c.601 ?4; 1999 c.1051 ?92]
Note: See note under 815.232.
Marila Alvares <marila_-@yahoo.com> wrote: Ellen,
Perhaps you can step down from your soap box long enough to read some interesting points made in a recent issue of Bicycling Magazine:
"Even under quiet conditions, hearing is only a small part of a cyclist's sensory warning system," says John Allen, an MIT-trained engineer who has served as an expert consultant in hundreds of bicycle-related lawsuits, and whose study of acoustics includes the English translation of the book Spatial Hearing. "While the sense of hearing can indicate that something is there, it cannot indicate that nothing is there," he reasons. Indeed, as Allen points out, there are no laws restricting deaf people from riding a bike, nor are there reports of high accident rates for hearing-impaired riders. And we've never heard of a problem from wearing an ear-covering headband in cold weather. Between engine growl and ear-covering helmets--of which the latest have built-in speakers--a motorcyclist hears far less than a bicyclist. Modern cars are designed to insulate the driver from outside noise. Deafeningly loud music is perfectly legal for drivers, but a cyclist wearing
headphones--regardless of the volume--may be breaking the law.
While I often ride with my iPod set on a low volume, the one time in my life that I have been hit by a car (a delivery truck, specifically), happened just a couple of months ago, and I was NOT wearing my earphones. Unless the person that caused the STP pileup that you mention was playing air guitar, I seriously doubt that the his/her listening to music was the cause of that crash.
Marila
nelle-@earthlink.net wrote: Pablo Espinosa wrote:
For those geeks/cyclists at heart, I built a custom case for my nano out
of an altoids box.
Some kid had lots of time in his hands:
http://www.ipodgarage.com/phpBB2/viewtopic.php?t=2919
The case works fantastic during rides and it took about 20min to build.
Pablo
adcamp-@earthlink.net wrote:
Thanks to all who helped/contributed. Many were interested in the
findings. My conclusion is that the Nano is the way to go but getting a
good cover is key as the screen scratches easily. Thanks!
Dave Campbell
adcamp-@earthlink.net
EarthLink Revolves Around You.
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After riding
Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjgi-@yahoo.com
www.bikesafetylaw.com
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