# ORS § 801.026: 801.026 General exemptions

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.026

## Section

- **Citation:** ORS § 801.026
- **Heading:** 801.026 General exemptions
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 59 / Chapter 801 / Section 801.026

## Text

(1) Persons, motor vehicles and equipment employed or used by a public or telecommunications utility, electric cooperative or by the United States, this state or any political subdivision of this state are exempt from the provisions of the vehicle code specified in subsection (3) of this section while on a highway and working or being used to service, construct, maintain or repair the facilities of a utility.

(2) Persons, motor vehicles and equipment employed or being used in the construction or reconstruction of a street or highway are exempt from the provisions of the vehicle code specified in subsection (3) of this section if:

(a) They are within the immediate construction project as described in the governmental agency contract, if there is a contract; and

(b) The work is being done in an area that is signed in accordance with the manual adopted under ORS 810.200 (Uniform standards for traffic control devices) .

(3) Persons, motor vehicles and equipment described in subsections (1) and (2) of this section are exempt from provisions of the vehicle code relating to rules of the road as described in ORS chapter 811, except that this subsection does not apply to:

(a) Reckless driving, as defined in ORS 811.140 (Reckless driving) .

(b) Driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants) .

(c) Failure to perform the duties of a driver involved in a collision, as described in ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons) .

(d) Criminal driving while suspended or revoked, as defined in ORS 811.182 (Criminal driving while suspended or revoked) .

(e) Fleeing or attempting to elude a police officer, as defined in ORS 811.540 (Fleeing or attempting to elude police officer) .

(f) The provisions of ORS 811.145 (Failure to yield to emergency vehicle or ambulance) , 811.155 (Failure to stop for bus safety lights) , 811.170 (Violation of open container law) and 811.175 (Violation driving while suspended or revoked) .

(4) Motor vehicles and equipment being used in the area and in the manner described in subsection (2) of this section are also exempt from the provisions of the vehicle code relating to vehicle size and weight to the extent set out in the governmental agency contract.

(5) Devices moved exclusively on stationary rail tracks are exempt from the vehicle code.

(6) Devices that are powered exclusively by human power are not subject to those provisions of the vehicle code that relate to vehicles. Notwithstanding this subsection, bicycles are generally subject to the vehicle code as provided under ORS 814.400 (Application of vehicle laws to bicycles) .

(7) The exemptions in subsection (3) of this section do not apply to the persons and vehicles when traveling to or from the facilities or construction project. [1989 c.400 §2 (enacted in lieu of 801.025); 1999 c.1051 §82; 2018 c.22 §5]

Source: Section 801.026 — General exemptions; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors801.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 801.010 801.010 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.010.md)
- [ORS § 801.015 801.015 Effect of naming offenses](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.015.md)
- [ORS § 801.020 801.020 Statements of policy and purpose](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.020.md)
- [ORS § 801.026 801.026 General exemptions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.026.md)
- [ORS § 801.030 801.030 Exemptions from amendments to vehicle code](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.030.md)
- [ORS § 801.038 801.038 Local government regulation of cell phones in motor vehicles](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.038.md)
- [ORS § 801.040 801.040 Authority to adopt special provisions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.040.md)
- [ORS § 801.041 801.041 Terms and conditions for imposition of registration fee by county](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.041.md)
- [ORS § 801.042 801.042 Terms and conditions for imposition of registration fee by district](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.042.md)
- [ORS § 801.043 801.043 Moneys required by department for initial implementation of registration fees](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.043.md)
- [ORS § 801.044 801.044 County registration fees](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.044.md)
- [ORS § 801.045 801.045 Permissive use of private roadway](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.045.md)
- [ORS § 801.050 801.050 Privilege of motorist to use highways](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.050.md)
- [ORS § 801.055 801.055 Weight standards](https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.055.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T59_C801_S801.026. Check the current official text before relying on it. Not legal advice.
