OAG 40-77.

• Case Date: October 05, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-77. 86OPINION NO. 40-77[20 Or. Op. Atty. Gen. 86]Motor vehicles operated over a public highway must be registered, unless in an exempted class. Whether motor vehicle is a fire engine is question of fact.October 5, 1940.Hon. Frank J. Newman,District Attorney, Jackson County. Dear Mr. Newman: I have your letter dated September 12, 1940, requesting my opinion as to whether the use of a certain "pick-up" and also a "truck equipped with fire-fighting apparatus" constitutes a violation of the law relating to the licensing of motor vehicles. You state that neither of the motor vehicles in question has been registered with the secretary of state, and that neither has been issued or bears license plates, and both are used on what is known as the "Meadows Road" in Jackson county. You also state that the owner of such vehicles feels that he should not be required to procure a license for either vehicle so long as it is used exclusively upon that road, because in connection with his permit from the state forestry department to use heavy logging equipment in the hauling of logs over that road he is required to repair and sprinkle the same. You also state that the Meadows Road "has been used generally by the public for a period of at least 25 years." By section 55-102, Oregon Code 1930, as amended by chapter 386, Oregon Laws, 1939, every person before operating a motor vehicle

"upon the public highways of this state shall * * * cause to be filed * * * in the office of the secretary of state * * *, an application for registration, * * * accompanied by the fee prescribed in this act; * * *".

Section 55-115, Oregon Code 1935 Supplement, provides, in part:

"No person shall operate or drive a motor vehicle upon the roads, streets or highways of this state unless such vehicle shall have the number plates assigned to it by the secretary of state conspicuously displayed on the front and rear of such vehicle in

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