Oregon Statute | Act | Code |Title 59 Oregon Vehicle Code| US Code - US Statute | Chapter 810 Road Authorities; Courts; Police; Other Enforcement Officials

This section
designates the bodies responsible for exercising jurisdiction over
certain highways when the vehicle code requires the exercise of
jurisdiction by the road authority. This section does not control where a
specific section of the vehicle code specifically provides for exercising
jurisdiction in a manner different than provided by this section. Except
as otherwise specifically provided under the code, the responsibilities
designated under this section do not include responsibility for
maintenance. Responsibility for maintenance is as otherwise provided by
law. The following are the road authorities for the described roads:

(1) The Department of Transportation is the road authority for all
state highways in this state including interstate highways.

(2) The county governing body is the road authority for all county
roads outside the boundaries of an incorporated city.

(3) The governing body of an incorporated city is the road
authority for all highways, roads, streets and alleys, other than state
highways, within the boundaries of the incorporated city.

(4) Any other municipal body, local board or local body is the road
authority for highways, other than state highways, within its boundaries
if the body or board has authority to adopt and administer local police
regulations over the highway under the Constitution and laws of this
state.

(5) Any federal authority granted jurisdiction over federal lands
within this state under federal law or rule is the road authority for
highways on those lands as provided by the federal law or rule. [1983
c.338 §145; 1985 c.16 §45]Notwithstanding any other provision of the Oregon
Vehicle Code, the Oregon Transportation Commission, by rule, may
establish procedures for, and certify to the Federal Highway
Administration compliance with, Federal Regulation 23 C.F.R. part 658 for
roads under the authority of cities and counties. [1991 c.283 §2](Roads) (1) Each road authority may
prohibit or restrict the use of a throughway in its jurisdiction by any
of the following:

(a) Parades.

(b) Bicycles or other nonmotorized traffic.

(c) Motorcycles or mopeds.

(2) Regulation under this section becomes effective when
appropriate signs giving notice of the regulation are erected upon a
throughway and the approaches to the throughway.

(3) Penalties for violation of restrictions or prohibitions imposed
under this section are provided under ORS 811.445.

(4) The Oregon Transportation Commission shall act as road
authority under this section in lieu of the Department of Transportation.
[1983 c.338 §146](1) A road authority may impose restrictions
described under this section on its own highways as the road authority
determines necessary to do any of the following:

(a) Protect any highway or section of highway from being unduly
damaged.

(b) Protect the interest and safety of the general public.

(2) Restrictions that may be imposed under this section include any
of the following:

(a) Prohibition of the operation of any or all vehicles or any
class or kind of vehicle.

(b) Imposing limits on any weight or dimension of any vehicle or
combination of vehicles.

(c) Imposing any other restrictions that the road authority
determines necessary to achieve the purposes of this section. This
paragraph does not grant authority to impose speed restrictions.

(3) Any restrictions or limitations imposed under this section must
be imposed by proper order. The restrictions or limitations are effective
when appropriate signs giving notice of the restrictions or limitations
are erected. A sign giving notice of a restriction or limitation in an
order shall be maintained in a conspicuous manner and shall be placed at
each end of the highway or section of highway affected by the order and
at such other places as is necessary to inform the public.

(4) Penalties are provided under ORS 818.130 for violation of
restrictions imposed under this section. [1983 c.338 §147; 1985 c.16 §46] Each road
authority may designate any of its highways or any section of any of its
highways as a truck route and may prohibit the operation of trucks,
machinery or any other large or heavy vehicles upon any other of its
highways that serves the same route or area served by the truck route
designated. The authority granted under this section is subject to all of
the following:

(1) The governing body of an incorporated city shall not designate
a truck route or prohibit the operation of any vehicle on a:

(a) State highway that is within the boundaries of the city without
the written consent of the Department of Transportation.

(b) County road that is within the boundaries of the city without
the written consent of the governing body of the county.

(2) Any designation or prohibition made under authority of this
section must be imposed by appropriate order, resolution or ordinance.

(3) A road authority exercising authority under this section shall
erect and maintain signs in a conspicuous manner and place at each end of
the highway or section of highway where a designation or prohibition is
imposed to give notice of the prohibitions or designations imposed. The
road authority shall erect and maintain signs giving notice of any
prohibitions or designations imposed under this section at such other
places as may be necessary to inform the public.

(4) A prohibition or designation imposed under this section is
effective when signs giving notice thereof are posted as required by this
section.

(5) Penalties are provided under ORS 811.450 for violation of
requirements imposed under this section. [1983 c.338 §148](1) The Department of
Transportation may authorize the movement on highways under its
jurisdiction of vehicles or combinations of vehicles of a size or weight
in excess of the limits under ORS 818.020, 818.090 or 818.110 if federal
law permits various states to establish size and weight limits in excess
of those under ORS 818.020, 818.090 or 818.110. The department shall
exercise the authority granted under this subsection subject to all of
the following:

(a) The department shall only establish weight and size limits
under this subsection within the limits necessary to qualify for federal
aid highway funds.

(b) The department shall exercise the authority either by adoption
of a rule or resolution under ORS 810.060 or by issuance of variance
permits under ORS 818.200. When the department exercises the authority
under this paragraph, the weight limits or size limits established under
this subsection shall apply.

(2) The department may by rule prohibit the movement on highways
under its jurisdiction of vehicles or combinations of vehicles of a size
or weight otherwise authorized by statute if the prohibition is necessary
in order to qualify for federal aid highway funds.

(3) Road authorities other than the department may increase or
decrease size and weight limits on their own highways if the department
exercises the authority granted under this section. The exercise of
authority under this subsection is subject to all of the following:

(a) A road authority may not exercise the authority to establish a
size or weight limit that exceeds the maximum authorized by the
department or to prohibit vehicles or combinations of vehicles that are
not prohibited by the department under subsection (2) of this section.

(b) The road authority shall exercise the authority either by
adoption of a rule, resolution or ordinance under ORS 810.060 or by
issuance of variance permits under ORS 818.200.

(4) Penalties are provided under ORS 818.060 and 818.340 for
violation of limits established under this section. [1983 c.338 §149;
1985 c.16 §47; 1993 c.510 §3]A road authority shall adopt a rule,
resolution or ordinance to allow vehicles or combinations of vehicles
with a loaded weight in excess of the weight limitations established by
Table III under ORS 818.010 or a length or width in excess of that
authorized under ORS 818.080 and 818.090 to be operated over any highway
of the road authority if the road authority determines that the highway
is capable of carrying greater weight, length or width. The authority
granted under this section is subject to all of the following:

(1) The authority may only be exercised by rule, resolution or
ordinance.

(2) The authority does not allow any road authority to authorize
any vehicle to be operated over any highway if the vehicle has a height
in excess of that allowed under ORS 818.080 and 818.090.

(3) The provisions of any rule, resolution or ordinance adopted
under this section may be amended, rescinded or repealed at any time.

(4) The provisions of any rule, resolution or ordinance adopted
under this section are subject to the maximum size, weight and width
limits established under ORS 810.050.

(5) A rule, resolution or ordinance adopted under this section
shall fix the maximum loaded weight, length, width and types and classes
of vehicles or combinations of vehicles that may be operated on the
highway or highways or sections of highways described in the rule,
resolution or ordinance.

(6) A duplicate original of a rule or resolution adopted by the
Department of Transportation under this section and an amendment to or
repeal of a rule or resolution by the department shall be filed with the
Secretary of State. This subsection does not require an ordinance adopted
by a city or county under this section to be filed with the Secretary of
State.

(7) After the effective date of a rule, resolution or ordinance
adopted under this section, a variance permit under ORS 818.200 is not
required for the operation upon the described highway of a vehicle or
combination of vehicles that is not in excess of the maximum loaded
weight, length or width fixed by the rule, resolution or ordinance for
vehicles or combinations of vehicles of that type or class.

(8) Penalties are provided under ORS 818.060 for violation of
A road authority, on
any of its own highways that are located adjacent to a golf course, may
permit the operation of golf carts between the golf course and the place
where golf carts are parked or stored or located within or bounded by a
real estate development. All of the following apply to the authority
granted under this section:

(1) Exercise of the authority granted under this section must be by
means of an ordinance.

(2) The authority granted under this section may only be exercised
where the combined operation of golf carts and regular vehicle traffic
can be accomplished safely.

(3) A road authority shall prescribe rules and shall regulate the
combined operation of golf carts and vehicles when permitted under this
section. The rules may establish speed limits and other operating
standards but shall not require that golf carts conform with the vehicle
equipment laws under the vehicle code.

(4) A designation of combined operation under this section or rules
instituted under this section are effective when appropriate signs giving
notice thereof are posted along the affected highway and are not
effective before such posting.

(5) If a designation is made under this section to permit combined
operation, the golf carts operated in accordance with the designation and
rules adopted by the road authority qualifies for the exemptions under
ORS 820.210.

(6) This section only applies to real estate developments that have
single or multiple family residences whose owners or occupants are
eligible for membership in or the use of one or more golf courses within
the development by virtue of ownership or occupancy of a residential
dwelling unit in the development.

(7) This section neither grants authority to nor limits the
authority of the Department of Transportation. [1983 c.338 §151; 2003
c.757 §2] (1) Road authorities may regulate the
movement of pedestrians upon highways within their jurisdictions by doing
any of the following:

(a) Establishing marked crosswalks and designating them by
appropriate marking.

(b) Closing a marked or unmarked crosswalk and prohibiting
pedestrians from crossing a roadway where a crosswalk has been closed by
placing and maintaining signs giving notice of closure.

(c) Prohibiting pedestrians from crossing a highway at any place
other than within a marked or unmarked crosswalk.

(2) This section neither grants authority to nor limits the
authority of the Department of Transportation. [1983 c.338 §152] Bicycle racing is permitted on any highway
in this state upon the approval of, and under conditions imposed by, the
road authority for the highway on which the race is held. [1983 c.338
§153] Each
incorporated community within this state has power, by law or ordinance
duly enacted, to regulate the use of its streets by horses and other
animals to the extent that bridle paths may be designated upon certain
streets and the animals may be prohibited on other streets. [1983 c.338
§154] (1)
Each road authority may do any of the following on its own highways:

(a) Designate a main traveled or through highway by placing traffic
control devices at the entrances to the highway from intersecting
highways to notify drivers to stop or yield the right of way before
entering or crossing the designated highway.

(b) Designate intersections or other roadway junctions at which
vehicle traffic on one or more of the highways should yield or stop
before entering the intersection or junction.

(2) The Oregon Transportation Commission shall act as road
authority under this section in lieu of the Department of Transportation.
[1983 c.338 §155] (1) Each road authority
may do the following on its own highways:

(a) Determine where overtaking or passing or driving to the left of
the center of the roadway would be especially hazardous; and

(b) Establish zones on the roadway where overtaking or passing or
driving to the left of the center of the roadway are prohibited because
such would be especially hazardous.

(2) To establish a zone under this section, a road authority must
do all of the following:

(a) Determine that a need for a zone exists in accordance with
standards and procedures adopted by the Department of Transportation.

(b) Mark the zone by appropriate signs or by a yellow unbroken line
on the pavement of the right-hand side of and adjacent to the center line
or a lane line of the roadway to indicate the beginning and end of the
zone.

(3) Penalties are provided under ORS 811.420 for passing in a no
passing zone designated under this section. [1983 c.338 §156] The Oregon
Transportation Commission shall act as road authority under this section
in lieu of the Department of Transportation. Each road authority may do
any of the following on its own highways, subject to any limitations
described:

(1) Designate a highway or section or specific lane on a highway
where vehicle traffic must proceed in one direction at all times or at
times indicated by traffic control devices. A designation under this
subsection shall become effective when appropriate signs are posted. The
authority granted by this subsection is subject to the following
limitations:

(a) A local authority shall not designate any highway within its
boundaries as a one-way highway if the highway is under the jurisdiction
of the commission unless the local authority first obtains the written
consent of the commission.

(b) A city shall not designate any highway within its boundaries as
a one-way highway if the highway is under the jurisdiction of a county
unless the city first obtains the written consent of the county.

(2) Designate places on highways as safety zones and regulate and
control traffic with respect to the safety zones. A designation under
this subsection shall become effective when appropriate signs are posted.

(3) Where traffic conditions warrant, prohibit right or left turns
at intersections or prohibit U-turns by all vehicles or by certain types
of vehicles.

(4) Require and direct that a different course than that specified
under ORS 811.340, 811.345 and 811.355 be traveled by vehicles at or
proceeding through intersections. A requirement under this subsection is
effective when appropriate traffic control devices are placed within or
adjacent to the intersections.

(5) Designate locations on highways where vehicles operated by
districts described under ORS chapter 267 for the purpose of providing
public transportation or substantially similar vehicles used for the same
purpose may proceed in directions prohibited to other traffic. Locations
may be designated under this subsection only if an engineering study
indicates that the movement may be made safely in the designated area.
Designations under this subsection shall be effective when indicated by
appropriate official traffic control devices. [1983 c.338 §157; 1985 c.16
§49] (1) Any road authority
may designate lanes on its own highways that are to be used exclusively
by buses or high occupancy-use passenger vehicles for the purpose of
conserving energy and facilitating public transportation.

(2) Any restriction or limitation imposed under this section must
be imposed by proper order. The restriction or limitation is effective
when appropriate signs giving notice of the restriction or limitation are
erected. A sign giving notice of a restriction or limitation shall be
maintained in a conspicuous manner and shall be placed at each end of the
highway or section of highway affected by the restriction or limitation
and at such other places as necessary to inform the public.

(3) Penalties are provided under ORS 811.265 for failure to obey
signs giving notice of any limitations or restrictions imposed under this
section. [1983 c.338 §158; 1985 c.16 §50](1) Street drains, sewer drains, storm drains
and other similar openings in a roadbed over which traffic must pass that
are in any portion of a public way, highway, road, street, footpath or
bicycle trail that is available for use by bicycle traffic shall be
designed and installed, including any modification of existing drains,
with grates or covers so that bicycle traffic may pass over the drains
safely and without obstruction or interference.

(2) The Department of Transportation shall adopt construction
guidelines for the design of public ways in accordance with this section.
Limitations on the applicability of the guidelines are established under
ORS 801.030. [1983 c.338 §159]

(Parking) Except as
otherwise provided in this section, each road authority has exclusive
authority to regulate, control or prohibit the stopping, standing and
parking of vehicles upon its own highways. The Oregon Transportation
Commission shall act as road authority under this section in lieu of the
Department of Transportation. The authority granted in this section is
subject to all of the following:

(1) The commission has exclusive authority to regulate, control or
prohibit the stopping, standing and parking on all state highways:

(a) Within the corporate limits of a city except where the highway
is routed over a city street under ORS 373.010.

(b) Within the corporate limits of any city if access to or from
the section of highway and real property abutting thereon was restricted,
controlled or prohibited by the commission before the section of highway
was included within the corporate limits of the city.

(2) Road authorities other than the commission may permit angle
parking on any highway where parking is subject to their jurisdiction
under this section. For cities, this subsection includes authority to
permit angle parking on any city street selected and designated as the
route of a state highway under ORS 373.010 and, subject to the authority
of the commission under this section, any state highway within the
corporate limits of the city. This subsection does not allow any road
authority to permit angle parking on a state highway if the commission
determines that the highway is not of sufficient width to permit angle
parking without interfering with the free movement of traffic.

(3) All regulations, restrictions or prohibitions imposed by the
commission under this section shall be by resolution or order entered in
the commission’s official records.

(4) Regulations, restrictions or prohibitions imposed by the
commission under this section shall become effective and have the force
of law when signs or markings giving notice thereof have been placed. To
comply with this subsection, the commission shall place and maintain
appropriate signs or markings at such places as may be necessary to
inform the public and to give notice of all regulations, restrictions or
prohibitions the commission establishes under this section.

(5) Penalties are provided under ORS 811.575 for violation of
restrictions placed on state highways under this section. [1983 c.338
§160](1) The Oregon Transportation Commission shall designate
winter recreation parking locations throughout this state where parking
is prohibited under ORS 811.590 except for vehicles exempted under that
section and vehicles with winter recreation parking permits issued under
ORS 811.595. The commission may identify access roads to winter
recreation facilities, roadside plow-outs and other areas as winter
recreation parking locations under this section. The commission shall
designate winter recreation parking locations under this section after
consultation with the Winter Recreation Advisory Committee established
under ORS 802.350 and with land management agencies managing adjacent
land.

(2) The commission shall establish priorities for plowing the
winter recreation parking locations established under this section. The
commission shall establish priorities under this section after
consultation with the Winter Recreation Advisory Committee established
under ORS 802.350. The Department of Transportation shall provide for the
removal of snow accumulating on winter recreation parking locations
established under this section according to the priorities established by
the commission under this section. Snow removal provided for under this
subsection may be performed by any of the following:

(a) By the department itself.

(b) By persons with whom the department contracts. If the
department contracts with persons for the removal of snow under this
paragraph payments under the contracts shall be made from funds
designated for that purpose under ORS 802.110.

(3) The commission may enter into agreements with county or
municipal law enforcement agencies or individual police officers for the
enforcement of ORS 811.590. The commission shall only enter into
agreements under this subsection after consultation with the Winter
Recreation Advisory Committee established under ORS 802.350. [1983 c.338
§161](Speeds) (1) As used in this
section:

(a) “Designated speed” means the speed that is designated by a road
authority as the maximum permissible speed for a highway and that may be
different from the statutory speed for the highway.

(b) “Statutory speed” means the speed that is established as a
speed limit under ORS 811.111, or is established as the speed the
exceeding of which is prima facie evidence of violation of the basic
speed rule under ORS 811.105.

(2)(a) A designated speed established under this section is a speed
limit if the highway for which the speed is designated is subject to a
statutory speed limit under ORS 811.111 that is in addition to the speed
limit established under ORS 811.111 (1)(b).

(b) A speed greater than a designated speed established under this
section is prima facie evidence of violation of the basic speed rule if
the designated speed is established for a highway on which there is no
speed limit other than the limit established under ORS 811.111 (1)(b).

(3) The Department of Transportation may establish by rule
designated speeds on any specified section of interstate highway if the
department determines that speed limits established under ORS 811.111 (1)
are greater or less than is reasonable or safe under the conditions that
exist with respect to that section of the interstate highway. Designated
speeds established under this subsection are subject to all of the
following:

(a) The department may not establish a designated speed under this
subsection of more than:

(A) Sixty-five miles per hour for vehicles described in ORS 811.111
(1)(b); and

(B) Seventy miles per hour for all other vehicles.

(b) If the department establishes designated speeds under this
subsection that are greater than 65 miles per hour, the designated speed
for vehicles described in ORS 811.111 (1)(b) must be at least five miles
per hour lower than the designated speed for all other vehicles on the
specified section of interstate highway.

(c) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation indicates
that the statutory speed for the interstate highway is greater or less
than is reasonable or safe under conditions the department finds to exist.

(d) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated speed
are posted on the section of interstate highway where the designated
speed is imposed.

(4)(a) The department may establish, pursuant to a process
established by rule, a designated speed on a state highway outside of a
city. The authority granted under this subsection includes, but is not
limited to, the authority to establish different designated speeds for
different kinds or classes of vehicles as the department determines
reasonable and safe. A designated speed established under this subsection
for any kind or class of vehicles may not exceed the speed limit for the
highway for that kind or class of vehicles as established in ORS 811.111
or, if there is no speed limit for the highway other than the limit
established in ORS 811.111 (1)(b), may not exceed 55 miles per hour.

(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation indicates
that the statutory speed for the highway is greater or less than is
reasonable or safe under conditions the department finds to exist.

(c) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated speed
are posted on the portion of highway where the designated speed is
imposed.

(5) After a written request is received from a road authority for a
highway other than a highway described in subsection (3) or (4) of this
section, the department, pursuant to a process established by rule, may
establish a designated speed for the highway. The authority granted under
this subsection includes, but is not limited to, the authority to
establish different designated speeds for different kinds or classes of
vehicles as the department determines reasonable and safe. The authority
granted under this subsection is subject to all of the following:

(a) The written request from the road authority must state a
recommended designated speed.

(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation indicates
that the statutory speed for the highway is greater or less than is
reasonable or safe under conditions the department finds to exist.

(c) The department may not make a final decision to establish a
designated speed under this subsection without providing the affected
road authorities with notice and opportunity for a hearing.

(d) A road authority may file a written objection to a designated
speed that is proposed by the department under this subsection and that
affects the road authority.

(e) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated speed
are posted on the portion of the highway where the designated speed is
imposed. The expense of erecting any sign under this subsection shall be
borne by the road authority having jurisdiction over the portion of the
highway where the designated speed is imposed.

(f) The department, pursuant to a process established by rule, may
delegate its authority under this subsection with respect to highways
that are low volume or unpaved to a city or county with jurisdiction over
the highway. The department shall delegate authority under this paragraph
only if it determines that the city or county will exercise the authority
according to criteria adopted by the department.

(6) The department may override the speed limit established for
ocean shores under ORS 811.111 (1)(c) and establish a designated speed of
less than 25 miles per hour on any specified section of ocean shore if
the department determines that the speed limit established under ORS
811.111 (1)(c) is greater than is reasonable or safe under the conditions
that exist with respect to that part of the ocean shore. The authority
granted under this subsection is subject to all of the following:

(a) The department may make the determination required under this
subsection only on the basis of an investigation.

(b) A designated speed established under this subsection is
effective when posted upon appropriate fixed or variable signs on the
portion of ocean shore where the designated speed is imposed.

(7) A road authority may adopt a designated speed to regulate the
speed of vehicles in parks under the jurisdiction of the road authority.
A road authority regulating the speed of vehicles under this subsection
shall post and maintain signs at all park entrances to give notice of any
designated speed.

(8) A road authority may establish by ordinance or order a
temporary designated speed for highways in its jurisdiction that is lower
than the statutory speed. A temporary designated speed may be established
under this subsection if, in the judgment of the road authority, the
temporary designated speed is necessary to protect any portion of the
highway from being unduly damaged, or to protect the safety of the public
and workers when temporary conditions such as construction or maintenance
activities constitute a danger. The following apply to the authority
granted under this subsection:

(a) Statutory speeds may be overridden by a temporary designated
speed only:

(A) For a specific period of time for all vehicles; or

(B) For a specified period of time for a specific kind or class of
vehicle that is causing identified damage to highways.

(b) This subsection may not be used to establish a permanent
designated speed.

(c) The authority granted by this subsection may be exercised only
if the ordinance or order that imposes the temporary designated speed:

(A) Specifies the hazard, damage or other condition requiring the
temporary designated speed; and

(B) Is effective only for a specified time that corresponds to the
hazard, damage or other condition specified.

(d) A temporary designated speed imposed under this subsection must
be imposed by a proper written ordinance or order. A sign giving notice
of the temporary designated speed must be posted at each end of the
portion of highway where the temporary designated speed is imposed and at
such other places on the highway as may be necessary to inform the
public. The temporary designated speed shall be effective when signs
giving notice of the temporary designated speed are posted.

(9) A road authority may establish an emergency speed on any
highway under the jurisdiction of the road authority that is different
from the existing speed on the highway. The authority granted under this
subsection is subject to all of the following:

(a) A speed established under this subsection is effective when
appropriate signs giving notice thereof are posted upon the highway or
portion of highway where the emergency speed is imposed. All signs posted
under this subsection must comply with ORS 810.200.

(b) The expense of posting any sign under this subsection shall be
borne by the road authority having jurisdiction over the highway or
portion of highway where the emergency speed is imposed.

(c) A speed established under this subsection may be effective for
not more than 120 days. [1983 c.338 §162; 1985 c.16 §51; 1987 c.887 §8;
1989 c.592 §3; 1991 c.728 §3; 1993 c.742 §118; 1995 c.79 §371; 1997 c.249
§227; 1999 c.59 §240; 2003 c.819 §2; 2005 c.77 §1; 2005 c.507 §1](Traffic Control Devices)(1) The Oregon Transportation
Commission may exercise the following authority with respect to the
marking, signing and use of traffic control devices in this state:

(a) The commission shall adopt a manual and specifications of
uniform standards for traffic control devices consistent with the
provisions of the vehicle code for use upon highways in this state.

(b) The commission is authorized to provide a uniform system of
marking and signing highways within the boundaries of this state.

(c) The commission is authorized to determine the character or type
of traffic control devices to be used in this state.

(2) The authority granted under this section is subject to all of
the following:

(a) The system of marking and signing established under this
section shall correlate with and, as far as possible, conform to the
system adopted in other states. The commission may include in the system
signs and signals that show internationally recognized and approved
symbols.

(b) So far as practicable, all traffic control devices in this
state shall be uniform as to type and location.

(c) All traffic control devices placed or operated in this state
shall conform to specifications approved by the commission.

(d) Stop signs and yield signs shall be illuminated at night or so
placed as to be illuminated by the headlights of approaching vehicles or
by street lights. [1983 c.338 §164; 1985 c.16 §53; 1993 c.522 §2] (1) The
Oregon Transportation Commission is vested with exclusive jurisdiction
over the installation at railroad-highway grade crossings of signs,
signals, gates, protective devices or any other device to warn or protect
the public at a railroad-highway crossing. The commission is granted
exclusive authority under this subsection to determine the character or
type of device to be used.

(2) Each road authority shall place, maintain and control traffic
control devices used upon its own highway as the road authority considers
necessary for the safe and expeditious control of traffic, necessary to
carry out the provisions of the vehicle code or local traffic ordinances
or necessary to regulate, warn or guide traffic. The commission shall act
as road authority under this section in lieu of the Department of
Transportation. The authority granted under this subsection is subject to
all of the following:

(a) All traffic control devices erected and used under this
subsection shall conform to the state manual and specifications
established under ORS 810.200.

(b) The commission has general supervision with respect to the
placing, construction and operation of traffic control devices under this
subsection for the purpose of obtaining, so far as practicable,
uniformity as to type and location of traffic control devices throughout
the state.

(c) Only the commission has authority over a state highway whether
or not the state highway is within the jurisdiction of another road
authority. No traffic control device shall be erected, maintained or
operated upon any state highway under this subsection by any authority
other than the commission, except with the written approval of the
commission.

(d) When the governing body of a city makes a determination that
placement or construction of a traffic control device on a highway within
the city selected as a state highway under ORS 373.010 is necessary to
carry out the provisions of the vehicle code or to regulate, warn or
guide traffic, the city governing body shall submit written findings and
recommendations to the Director of Transportation in support of placing
or constructing the traffic control device on the state highway. If the
director approves the findings and recommendations, the director shall
notify the city governing body in writing and proceed to place or
construct the traffic control device in accordance with the findings and
recommendations. If the director does not notify the governing body of
disapproval within 90 days after receipt of the findings and
recommendations, the findings and recommendations shall be considered
approved and the director shall proceed to place or construct the traffic
control device in accordance with the findings and recommendations.

(e) The commission is authorized to classify, designate and mark
both interstate and intrastate highways within the boundaries of this
state. [1983 c.338 §165; 1985 c.16 §54; 1993 c.522 §3; 1993 c.741 §84;
1995 c.733 §88] Any sign that
is posted on a highway in this state that expresses a speed limit in
kilometers per hour shall also show the speed limit in miles per hour.
The limit in miles per hour shall be printed above the limit in
kilometers per hour and shall be of equal size lettering. [1993 c.284 §2] (1) The Oregon
Transportation Commission shall adopt uniform standards for posting signs
prohibiting the use of unmuffled engine brakes as described in ORS
811.492.

(2) The commission is authorized to provide a uniform system of
posting signs within the boundaries of the state. Any sign posted shall
inform the driver that the use of unmuffled engine braking is prohibited
and shall give the dollar amount of the maximum fine provided for
violation of ORS 811.492.

(3) All signs placed shall conform to specifications approved by
the commission. The commission may use signs that show internationally
recognized and approved symbols. [1993 c.314 §11; 1999 c.1051 §228]
Official traffic control devices placed or constructed by road
authorities before June 27, 1975, are not required to conform to
specifications and location criteria approved by the Oregon
Transportation Commission. Any new or amended specifications approved by
the commission under ORS 810.200 after June 27, 1975, for the placement
or construction of traffic control devices do not apply to such devices
in place on June 27, 1975. However within a reasonable period after June
27, 1975, traffic control devices shall be altered or relocated to comply
with the manual and specifications under ORS 810.200. [1983 c.338 §166] (1) A person
commits the offense of unlawful sign display if the person does any of
the following:

(a) Without authority under ORS 810.200 or 810.210, places,
maintains or displays upon or in view of any highway any sign, signal,
marking or device that:

(A) Purports to be or is an imitation or resembles an official
traffic control device or railroad sign or signal;

(B) Attempts to direct the movement of animal, pedestrian, vehicle
or any other traffic; or

(C) Hides from view or interferes with the effectiveness of a
traffic control device or railroad sign or signal.

(b) Places or maintains upon any highway any traffic sign or signal
bearing thereon any commercial advertising device.

(2) This section does not prohibit the placing and maintaining of
signs, markers or signals bearing thereon the name of an organization
authorized to place the same by the appropriate public authority.

(3) Every prohibited sign, signal, marking or device is hereby
declared to be a public nuisance and the authority with jurisdiction over
the highway, without notice, may remove it or cause it to be moved.

(4) The offense described in this section, unlawful sign display,
is a Class B traffic violation. [1983 c.338 §708; 1985 c.16 §342; 1995
c.383 §41](1) A person commits the offense of unlawful
interference with a traffic control device or railroad sign if the
person, without lawful authority and with criminal negligence, attempts
to or does alter, deface, injure, knock down or remove any traffic
control device or any railroad sign or signal or any inscription, shield
or insignia thereon or any other part thereof.

(2) The offense described in this section, unlawful interference
with traffic control device or railroad sign, is a Class A traffic
violation. [1983 c.338 §709; 1995 c.383 §11]A road authority may post signs designed to
give motorists notice of the provisions of ORS 811.235. The road
authority may also develop procedures that enable individuals or entities
to petition and pay for the erection of signs described in this section.
[1997 c.682 §6](1) A person shall not be convicted of violating a provision of
the vehicle code for which an official traffic control device is required
if the device is not in proper position and legible to a reasonably
observant person at the time and place of the alleged violation.

(2) Whenever a particular section of the vehicle code does not
state that traffic control devices are required, the section is effective
even though no devices are erected or in place.

(3) When a traffic control device is placed in position
approximately conforming to the requirements of the traffic regulations
or other laws of this state, the device is presumed to have been placed
by an official act or at the direction of lawful authority unless the
contrary is established by competent evidence.

(4) A traffic control device placed under the vehicle code or other
laws or regulations of this state and purporting to conform to the lawful
requirements pertaining to that device is presumed to comply with the
requirements of the vehicle code unless the contrary is established by
competent evidence. [1983 c.338 §167](1) The Department of
Transportation shall adopt standards for the installation, operation and
use of traffic control signal operating devices authorized under ORS
815.445. In adopting standards, the department shall consider the impact
of traffic control signal operating devices on:

(a) Safety.

(b) The efficiency of emergency response operations.

(c) The requirements for traffic signal maintenance.

(d) The efficiency of public transit operations.

(e) Traffic flow.

(2) The Department of Transportation shall adopt rules establishing
priorities and preemptive use among users of traffic control signal
operating devices. The rules shall take into account:

(a) Local standards for response times to emergencies by emergency
service providers; and

(b) The weight, operating speed and braking distance required for
vehicles operated by all authorized users. [1997 c.507 §5]COURTS

(Security for Appearance) (1) A court,
including a magistrate or clerk or deputy clerk authorized by the
magistrate, shall release a person brought before it if the person gives
an adequate undertaking to appear in answer to the offense at the time
and place fixed by the court. A court, as it deems appropriate, is
authorized to accept and may require any of the following as security for
the appearance of an arrested person before the court on a traffic crime:

(a) An automobile membership card as described under ORS 810.330
and subject to limitations under that section.

(b) A guaranteed arrest bond certificate as described under ORS
810.320 and subject to limitations under that section.

(c) A license as described under ORS 810.310 and subject to
limitations under that section.

(d) Such sum as may be required by the court.

(2) A magistrate or clerk or deputy clerk authorized by the
magistrate has authority to accept security for the appearance of a
person arrested for a traffic crime and brought before the magistrate or
clerk or deputy clerk, as provided in this section. The following apply
to security that is accepted by a court under this section or that is
forwarded to a court by a police office under ORS 810.440 or 810.450:

(a) The security shall be returned to the person when the person
delivers any security amount required by the court. The court may require
that any moneys deposited as security be applied against the security
amount set by the court.

(b) If the magistrate does not have jurisdiction of the crime, the
magistrate shall promptly forward the security accepted and all documents
in connection with the case to the most conveniently located court having
jurisdiction of the crime and in which the venue may properly be laid.
[1983 c.338 §376; 1999 c.1051 §285] The current valid
license of a person that is issued by this state is acceptable, when
authorized under ORS 810.300, as a security deposit for a person on a
traffic crime. The use of a license as security under this section is
subject to all of the following:

(1) Upon acceptance of the license as security, the magistrate or
clerk or deputy clerk authorized by the magistrate shall issue the person
a court bail driver permit under ORS 807.330.

(2) If the person appears at the time fixed, the person’s license
shall be returned to the person unless taken up by the court under ORS
809.275.

(3) If the person fails to appear at the time fixed, the court
shall forward the license to the Department of Transportation along with
a notification that the person failed to appear and a notification to
suspend the driving privileges of the person. The department shall take
action on the license and notice as provided under ORS 809.280. [1983
c.338 §377; 1985 c.16 §196; 1993 c.627 §4; 1999 c.1051 §286]The unexpired guaranteed arrest bond certificate, as defined in
ORS 742.372, of a member of an automobile club or automobile association
is acceptable, when authorized under ORS 810.300, 810.440 or 810.450, as
a security deposit for that member for any traffic crime, other than a
felony, if the security deposit required does not exceed $1,000. The use
of an unexpired guaranteed arrest bond certificate as a security deposit
under this section is subject to all of the following:

(1) To qualify for use as a security deposit, a guaranteed arrest
bond certificate must have a surety company that has become a surety on
the certificate as provided under ORS 742.372 to 742.376.

(2) If the individual does not make the appearance, the surety for
the certificate is subject on the undertaking of the surety under ORS
742.374 to any forfeiture or enforcement provision of any statute,
charter or ordinance that otherwise applies to security deposits on their
undertaking. [1983 c.338 §378; 1985 c.16 §197; 1989 c.634 §4; 1999 c.1051
§287] The
unexpired membership card of any member of an automobile association is
acceptable as a security deposit for that member as provided under this
section. The use of an unexpired membership card as security deposit is
subject to the following:

(1) The membership card may only be used as a security deposit:

(a) For the violation of any motor vehicle law of this state or
traffic crime of any city in this state if the security amount in any
individual case does not exceed $1,000; and

(b) When authorized under ORS 810.300, 810.440 or 810.450.

(2) To qualify for use as a security deposit, the membership card
must be the card of an automobile association incorporated under the laws
of this state that has deposited with and maintains with the State
Treasurer the sum of $2,000 in cash or in bonds approved by the State
Treasurer.

(3) If a person deposits that person’s membership card as a
security deposit and the person fails or neglects to appear in court at
the time and place required, the magistrate or other officer before whom
the case is brought, upon declaring a forfeiture of the security amount,
shall at once notify the association of the forfeiture, and the amount
thereof, by mail.

(4) The association, within five days after the receipt of notice,
under subsection (2) of this section, shall remit the amount of the
security amount so forfeited to the magistrate or other officer. If the
association fails or refuses to remit the security amount within that
period, the magistrate or other officer having the matter in charge or
the district attorney shall notify the State Treasurer, who shall:

(a) Pay the security amount to the officer or magistrate lawfully
entitled to receive it;

(b) Deduct that amount from the amount of deposit with the State
Treasurer by the association under this section; and

(c) Immediately notify the association and require it to deposit a
like sum with the State Treasurer.

(5) If the association fails or neglects for a period of 10 days to
comply with the notice of the treasurer under subsection (3) of this
section, the membership cards of such association shall not thereafter be
accepted as a security deposit while the default continues.

(6) Upon the payment of the security amount under this section by
the association, the membership card so deposited shall be immediately
returned to the association by the officer who accepted it as a security
deposit. [1983 c.338 §379; 1989 c.634 §5; 1999 c.1051 §288](Jurisdiction and Procedures)(1) All proceedings concerning traffic
offenses shall conform to the provisions of the vehicle code and those
provisions of ORS chapter 153 relating to traffic offenses.

(2) All circuit courts, municipal courts and justices of the peace
have concurrent jurisdiction, within their respective city or county, of
all violations of the provisions of the vehicle code relating to
financial responsibility requirements or the suspension of driving
privileges or registration. [1983 c.338 §380; 1985 c.16 §198; 1985 c.173
§5; 1985 c.725 §15; 1999 c.788 §60; 1999 c.1051 §141]
(1) For offenses described in this section, a court or judicial officer:

(a) Shall make the owner or lessee of the vehicle a codefendant if
appearance has not been made by the driver within 15 days of the date the
driver was cited to appear in court.

(b) May dismiss the charges against the driver if the court finds:

(A) That the owner or lessee of the vehicle caused or permitted the
driver to operate the vehicle or combination of vehicles in violation of
the offenses described in this section; and

(B) That the owner or lessee is guilty of violating any such
provision.

(2) This section applies to the following offenses:

(a) Operation without payment of appropriate registration fees
under ORS 803.315.

(b) Violation of maximum weight limits under ORS 818.020.

(c) Violation of administratively imposed weight or size limits
under ORS 818.060.

(d) Violation of maximum size limits under ORS 818.090.

(e) Exceeding maximum number of vehicles under ORS 818.110.

(f) Violation of posted limits on use of road under ORS 818.130.

(g) Violation of towing safety requirements under ORS 818.160.

(h) Operating a sifting or leaking load under ORS 818.300.

(i) Dragging objects on a highway under ORS 818.320.

(j) Unlawful use of devices without wheels under ORS 815.155.

(k) Unlawful use of metal objects on tires under ORS 815.160.

(L) Operation without pneumatic tires under ORS 815.170.

(m) Operation in violation of a vehicle variance permit under ORS
818.340.

(n) Failure to carry and display a permit under ORS 818.350.

(o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400. [1983 c.338 §381](Court-Related Offenses) If a vehicle
owner cited under ORS 810.425 to appear in a circuit or justice court
upon an alleged parking offense fails to appear on or before the date and
time stated on the citation, the court and the Department of
Transportation may take such actions as are otherwise authorized by law
under the Oregon Vehicle Code in the case of a failure to appear, except
that in no case may a warrant of arrest be issued nor a criminal
prosecution for failure to appear be commenced unless the citing or
prosecuting authority, more than 10 days prior thereto, has sent a letter
to the registered owner at the address shown upon the records of the
department advising the owner of the charge pending and informing the
owner that the owner may be subject to arrest if the owner does not
appear in the court within 10 days to answer the charge. The letter must
be sent by certified mail, restricted delivery, return receipt requested.
A warrant of arrest may not be issued nor a criminal prosecution for
failure to appear be commenced if such a letter has not been sent or if
the owner appears in court to answer the charge within 10 days after
receiving the letter. [1987 c.687 §3; 1995 c.658 §115; 1999 c.59 §241;
1999 c.1051 §289; 2003 c.14 §489](Records)(1) Within the time required by this section of the
conviction, every court with jurisdiction over the offenses described in
this section shall forward to the Department of Transportation a record
of the conviction of any person in such court for a violation of any of
the following that regulate the operation of motor vehicles on highways
or streets:

(a) Offenses committed under the vehicle code or any other statute
of this state.

(b) Offenses committed under any municipal ordinance.

(2) To comply with this section, a court must forward the record of
conviction containing the date of any offense, any arrest and conviction.
The record must be forwarded to the department within 24 hours of the
time the defendant was sentenced by the court.

(3) A court is not required by this section to forward to the
department a record of conviction for violation of any offense under any
of the following sections: ORS 810.090, 811.555, 811.570, 811.580,
814.020 to 814.080, 814.120, 814.230, 814.410 to 814.480, 815.155,
815.160, 815.170, 818.020, 818.040, 818.060, 818.090, 818.110, 818.130,
818.160, 818.300, 818.320, 818.340, 818.350, 818.400, 820.400 or 822.220.
[1983 c.338 §384; 1985 c.16 §199; 1987 c.138 §1] (1) The judge or clerk of
every court of this state having jurisdiction of any traffic offense,
including all local and municipal judicial officers in this state:

(a) Shall keep a full record of every case in which a person is
charged with any such offense.

(b) Shall send the Department of Transportation an abstract of
conviction for any person who is convicted.

(c) Shall send the department a copy of any final judgment of
conviction of any person which results in mandatory suspension or
revocation of driving privileges or commercial driver license under ORS
809.404, 809.407, 809.409, 809.411, 809.413, 813.400 or 813.403.

(d) Shall send the department a copy of any final judgment finding
a person charged with a traffic offense guilty except for insanity and
committed to the jurisdiction of the Psychiatric Security Review Board.

(2) The department shall keep such records in its office, and they
shall be open to the inspection of any person during reasonable business
hours.

(3) To comply with this section, a judge or clerk must comply with
the following:

(a) Any information required by this section to be sent to the
department must be sent within the time provided under ORS 810.370 and
must include information required by ORS 810.370.

(b) Information shall not be sent to the department under this
section concerning convictions excluded from ORS 810.370. [Formerly
153.625; 2001 c.492 §8; 2003 c.402 §35; 2005 c.649 §18]POLICE(General Authority) Any police officer attempting to
enforce the traffic laws of this state shall be in uniform or shall
conspicuously display an official identification card showing the
officer’s lawful authority. [1983 c.338 §399] (1) A police officer may arrest or
issue a citation to a person for a traffic crime at any place within or
outside the jurisdictional authority of the governmental unit by which
the police officer is authorized to act as provided by ORS 133.235 and
133.310.

(2) A police officer may issue a citation to a person for a traffic
violation at any place within or outside the jurisdictional authority of
the governmental unit by which the police officer is authorized to act:

(a) When the traffic violation is committed in the police officer’s
presence; or

(b) When the police officer has probable cause to believe an
offense has occurred based on a description of the vehicle or other
information received from a police officer who observed the traffic
violation.

(3) A police officer:

(a) Shall not arrest a person for a traffic violation.

(b) May stop and detain a person for a traffic violation for the
purposes of investigation reasonably related to the traffic violation,
identification and issuance of citation.

(c) May make an inquiry into circumstances arising during the
course of a detention and investigation under paragraph (b) of this
subsection that give rise to a reasonable suspicion of criminal activity.

(d) May make an inquiry to ensure the safety of the officer, the
person stopped or other persons present, including an inquiry regarding
the presence of weapons.

(e) May request consent to search in relation to the circumstances
referred to in paragraph (c) of this subsection or to search for items of
evidence otherwise subject to search or seizure under ORS 133.535.

(f) May use the degree of force reasonably necessary to make the
stop and ensure the safety of the peace officer, the person stopped or
other persons present.

(g) May make an arrest of a person as authorized by ORS 133.310 (2)
if the person is stopped and detained pursuant to the authority of this
section.

(4) When a police officer at the scene of a traffic accident has
reasonable grounds, based upon the police officer’s personal
investigation, to believe that a person involved in the accident has
committed a traffic offense in connection with the accident, the police
officer may issue to the person a citation for that offense. The
authority under this subsection is in addition to any other authority to
issue a citation for a traffic offense. [1983 c.338 §400; 1985 c.16 §212;
1991 c.720 §1; 1995 c.308 §1; 1997 c.682 §1; 1997 c.866 §§4,5; 1999
c.1051 §89]A law enforcement officer who comes to the scene of an accident
described in ORS 811.700 may remove or direct the driver of a vehicle
involved in the accident to remove from the roadway any vehicle, cargo or
debris resulting from the accident. A person acting under the authority
granted by this section is not liable for damage to a vehicle, cargo or
debris caused by reasonable efforts at removal. [2003 c.410 §2] (1) When
the speed of a vehicle has been checked by a speed measuring device, the
driver of the vehicle may be stopped, detained and issued a citation by a
police officer if the officer is in uniform and has either:

(a) Observed the recording of the speed of the vehicle by the
device; or

(b) Probable cause to detain based upon a description of the
vehicle or other information received from the officer who has observed
the speed of the vehicle recorded.

(2) A police officer may not issue a citation based on a speed
measuring device unless the officer has taken and passed a training
course, approved by the law enforcement agency that employs the officer,
in the use of the speed measuring device. [1983 c.338 §401; 2001 c.444 §1] (1) In all prosecutions
of the owner of a vehicle for violation of ORS 811.555 (1)(b), 811.570
(1)(b), 811.575 (1)(b) and 811.585 (1)(b), or an applicable ordinance, it
shall be sufficient for a police officer to charge the defendant by an
unsworn written notice if the notice clearly states:

(a) The date, place and nature of the charge.

(b) The time and place for defendant’s appearance in court.

(c) The name of the issuing officer.

(d) The license number of the vehicle.

(2) The notice provided for in subsection (1) of this section shall
either be delivered to the defendant or placed in a conspicuous place
upon the vehicle involved in the violation. A duplicate original of the
notice shall serve as the complaint in the case when it is filed with the
court. In all other respects the procedure otherwise provided by law in
such cases shall be followed. Notwithstanding ORS 153.042, the issuing
officer need not have observed the act of parking, but need only have
observed that the vehicle appeared to be parked in violation of ORS
811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), or an
applicable ordinance.

(3) A circuit court and a justice court have concurrent
jurisdiction over parking offenses committed within the county.

(4) This section does not apply to prosecutions under city
ordinances but ORS 221.333 shall apply to such prosecutions. [1987 c.687
§2; 1995 c.658 §116; 1999 c.1051 §89a] A police officer who
finds a vehicle parked or standing upon a highway in violation of ORS
811.555 or 811.570 may move the vehicle, cause it to be moved or require
the driver or person in charge of the vehicle to move it. The authority
to move vehicles under this section is in addition to any authority under
ORS 819.110 and 819.120. [1983 c.338 §402; 1995 c.758 §6](Photo Red Light)(1) Any city with a population of 30,000 or more may,
at its own cost, operate cameras designed to photograph drivers who
violate ORS 811.265 by failing to obey a traffic control device.
Notwithstanding the population requirement of this section, the City of
Newberg may operate cameras as provided for other cities in this section.

(2) Cameras operated under this section may be mounted on street
lights or put in other suitable places.

(3) A city that chooses to operate a camera shall:

(a) Provide a public information campaign to inform local drivers
about the use of cameras before citations are actually issued; and

(b) Once each biennium, conduct a process and outcome evaluation
for the purposes of subsection (4) of this section that includes:

(A) The effect of the use of cameras on traffic safety;

(B) The degree of public acceptance of the use of cameras; and

(C) The process of administration of the use of cameras.

(4) By March 1 of the year of each regular session of the
Legislative Assembly:

(a) The Department of Transportation shall provide to the
Legislative Assembly an executive summary of the process and outcome
evaluations conducted by cities under subsection (3) of this section; and

(b) Each city that operates a camera under this section shall
present to the Legislative Assembly the process and outcome evaluation
conducted by the city under subsection (3) of this section.

(5)(a) Except as otherwise provided in paragraph (b) of this
subsection, a city authorized to operate cameras under this section may
not operate the cameras at more than eight intersections in the city.

(b) A city with a population of 300,000 or more may not operate
cameras at more than 12 intersections in the city. [1999 c.851 §1; 1999
c.1051 §327; 2001 c.474 §1; subsection (5) of 2001 Edition enacted as
2001 c.474 §3; 2003 c.14 §491; 2003 c.339 §1; 2005 c.686 §1]Photographs taken under ORS 810.434 may
be submitted into evidence in a trial, administrative proceeding or other
judicial or quasi-judicial proceeding only for the purpose of proving or
disproving a violation of ORS 811.265. [2001 c.474 §4; 2003 c.14 §492;
2003 c.339 §2]
(1) Notwithstanding any other provision of law, if a city authorized to
do so by ORS 810.434 chooses to operate a camera that complies with this
section and ORS 810.434, a citation for violation of ORS 811.265 may be
issued on the basis of photographs from a camera taken without the
presence of a police officer if the following conditions are met:

(a) Signs are posted, so far as is practicable, on all major routes
entering the jurisdiction indicating that compliance with traffic control
devices is enforced through cameras.

(b) For each traffic control device at which a camera is installed,
signs indicating that a camera may be in operation at the device are
posted before the device at a location near the device.

(c) If the traffic control device is a traffic light, the yellow
light shows for at least the length of time recommended by the standard
set by the Institute of Transportation Engineers.

(d) The citation is mailed to the registered owner of the vehicle,
or to the driver if identifiable, within 10 business days of the alleged
violation.

(e) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.

(f) A police officer who has reviewed the photograph signs the
citation. The citation may be prepared on a digital medium, and the
signature may be electronic in accordance with the provisions of ORS
84.001 to 84.061.

(2) If the person named as the registered owner of a vehicle in the
current records of the Department of Transportation fails to respond to a
citation issued under subsection (1) of this section, a default judgment
under ORS 153.102 may be entered for failure to appear after notice has
been given that the judgment will be entered.

(3) A rebuttable presumption exists that the registered owner of
the vehicle was the driver of the vehicle when the citation was issued
and delivered as provided in this section.

(4) A person issued a citation under subsection (1) of this section
may respond to the citation by submitting a certificate of innocence or a
certificate of nonliability under subsection (6) of this section or any
other response allowed by law.

(5) A citation for violation of ORS 811.265 issued on the basis of
photographs from a camera installed as provided in this section and ORS
810.434 may be delivered by mail or otherwise to the registered owner of
the vehicle or to the driver if the driver is identifiable from the
photograph.

(6)(a) A registered owner of a vehicle may respond by mail to a
citation issued under subsection (1) of this section by submitting,
within 30 days from the mailing of the citation, a certificate of
innocence swearing or affirming that the owner was not the driver of the
vehicle and by providing a photocopy of the owner’s driver license. A
jurisdiction that receives a certificate of innocence under this
paragraph shall dismiss the citation without requiring a court appearance
by the registered owner or any other information from the registered
owner other than the swearing or affirmation and the photocopy. The
citation may be reissued only once, only to the registered owner and only
if the jurisdiction verifies that the registered owner appears to have
been the driver at the time of the violation. A registered owner may not
submit a certificate of innocence in response to a reissued citation.

(b) If a business or public agency responds to a citation issued
under subsection (1) of this section by submitting, within 30 days from
the mailing of the citation, a certificate of nonliability stating that
at the time of the alleged violation the vehicle was in the custody and
control of an employee or was in the custody and control of a renter or
lessee under the terms of a motor vehicle rental agreement or lease, and
if the business or public agency provides the driver license number, name
and address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The citation may
then be reissued and delivered by mail or otherwise to the employee,
renter or lessee identified in the certificate of nonliability.

(7) The penalties for and all consequences of a violation of ORS
811.265 initiated by the use of a camera installed as provided in this
section and ORS 810.434 are the same as for a violation initiated by any
other means.

(8) A registered owner or an employee, renter or lessee against
whom a judgment for failure to appear is entered may move the court to
relieve the owner or the employee, renter or lessee from the judgment as
provided in ORS 153.105 if the failure to appear was due to mistake,
inadvertence, surprise or excusable neglect. [1999 c.851 §2; 2001 c.104
§305; 2001 c.474 §2; 2001 c.535 §30a; 2003 c.14 §493; 2003 c.339 §3; 2005
c.686 §2](Photo Radar) (1) The following
jurisdictions may, at their own cost, operate photo radar:

(a) Albany.

(b) Beaverton.

(c) Bend.

(d) Eugene.

(e) Medford.

(f) Portland.

(g) Tigard.

(2) A photo radar system operated under this section:

(a) May be used on streets in residential areas or school zones.

(b) May be used in other areas if the governing body of the city
makes a finding that speeding has had a negative impact on traffic safety
in those areas.

(c) May not be used for more than four hours per day in any one
location.

(d) May not be used on controlled access highways.

(e) May not be used unless a sign is posted announcing that photo
radar is in use. The sign posted under this paragraph must be all of the
following:

(A) On the street on which the photo radar unit is being used.

(B) Between 100 and 400 yards before the location of the photo
radar unit.

(3) A city that operates a photo radar system under this section
shall, once each biennium, conduct a process and outcome evaluation for
the purposes of subsection (4) of this section that includes:

(a) The effect of the use of the photo radar system on traffic
safety;

(b) The degree of public acceptance of the use of the photo radar
system; and

(c) The process of administration of the use of the photo radar
system.

(4) By March 1 of the year of each regular session of the
Legislative Assembly:

(a) The Department of Transportation shall provide to the
Legislative Assembly an executive summary of the process and outcome
evaluations conducted under subsection (3) of this section; and

(b) Each city that operates a photo radar system under this section
shall present to the Legislative Assembly the process and outcome
evaluation conducted by the city under subsection (3) of this section.
[1995 c.579 §1; 1997 c.280 §1; 1999 c.1071 §1; 2005 c.686 §3] (1)
Notwithstanding any other provision of law, in the jurisdictions using
photo radar:

(a) A citation for speeding may be issued on the basis of photo
radar if the following conditions are met:

(A) The photo radar equipment is operated by a uniformed police
officer.

(B) The photo radar equipment is operated out of a marked police
vehicle.

(C) An indication of the actual speed of the vehicle is displayed
within 150 feet of the location of the photo radar unit.

(D) Signs indicating that speeds are enforced by photo radar are
posted, so far as is practicable, on all major routes entering the
jurisdiction.

(E) The citation is mailed to the registered owner of the vehicle
within six business days of the alleged violation.

(F) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.

(b) A rebuttable presumption exists that the registered owner of
the vehicle was the driver of the vehicle when the citation is issued and
delivered as provided in this section.

(c) A person issued a citation under this subsection may respond to
the citation by submitting a certificate of innocence or a certificate of
nonliability under subsection (3) of this section or may make any other
response allowed by law.

(2) A citation issued on the basis of photo radar may be delivered
by mail or otherwise to the registered owner of the vehicle or to the
driver. The citation may be prepared on a digital medium, and the
signature may be electronic in accordance with the provisions of ORS
84.001 to 84.061.

(3)(a) A registered owner of a vehicle may respond by mail to a
citation issued under subsection (1) of this section by submitting a
certificate of innocence within 30 days from the mailing of the citation
swearing or affirming that the owner was not the driver of the vehicle
and by providing a photocopy of the owner’s driver license. A
jurisdiction that receives a certificate of innocence under this
paragraph shall dismiss the citation without requiring a court appearance
by the registered owner or any other information from the registered
owner other than the swearing or affirmation and the photocopy. The
citation may be reissued only once, only to the registered owner and only
if the jurisdiction verifies that the registered owner appears to have
been the driver at the time of the violation. A registered owner may not
submit a certificate of innocence in response to a reissued citation.

(b) If a business or public agency responds to a citation issued
under subsection (1) of this section by submitting a certificate of
nonliability within 30 days from the mailing of the citation stating that
at the time of the alleged speeding violation the vehicle was in the
custody and control of an employee or was in the custody and control of a
renter or lessee under the terms of a rental agreement or lease, and if
the business or public agency provides the driver license number, name
and address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The citation may
then be issued and delivered by mail or otherwise to the employee, renter
or lessee identified in the certificate of nonliability.

(4) If the person named as the registered owner of a vehicle in the
current records of the Department of Transportation fails to respond to a
citation issued under subsection (1) of this section, a default judgment
under ORS 153.102 may be entered for failure to appear after notice has
been given that the judgment will be entered.

(5) The penalties for and all consequences of a speeding violation
initiated by the use of photo radar are the same as for a speeding
violation initiated by any other means.

(6) A registered owner, employee, renter or lessee against whom a
judgment for failure to appear is entered may move the court to relieve
the owner, employee, renter or lessee from the judgment as provided in
ORS 153.105 if the failure to appear was due to mistake, inadvertence,
surprise or excusable neglect. [1995 c.579 §2; 1997 c.280 §2; 1999 c.1051
§142; 1999 c.1071 §2; 2005 c.22 §516; 2005 c.686 §4](Security for Appearance)A police officer may take security for the appearance of a person
arrested for a traffic crime if it appears to the officer that the
arrested person might fail to appear in response to a citation. Authority
granted by this section is in addition to any authority to accept
security under ORS 810.450. The authority of an officer to take security
under this section is subject to all of the following:

(1) Except as otherwise provided in this section, an officer may
only take security if there is no accessible magistrate or clerk or
deputy clerk authorized by the magistrate.

(2) Except as otherwise provided in this section, an officer may
only accept as security the following, if the following would be
acceptable under ORS 810.300, for a security deposit for the offense for
which the arrest was made:

(a) An unexpired automobile membership card described under ORS
810.330; or

(b) An unexpired guaranteed arrest bond certificate described under
ORS 810.320.

(3) An officer may take security for offenses described in this
subsection whether or not there is an accessible magistrate or clerk or
deputy clerk authorized by the magistrate. This subsection applies to the
following offenses for which a jail sentence may be imposed:

(a) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.

(b) Violation of posted weight limits under ORS 818.040.

(4) An officer who takes security under this section shall give a
receipt for the security accepted and shall issue the person a citation
to appear before a court having jurisdiction of the offense.

(5) An officer shall promptly cause any security accepted under
this section to be delivered to the court for disposition as provided
under ORS 810.300. [1983 c.338 §403; 1985 c.16 §213; 1999 c.1051 §290] A police
officer who issues a citation for violation of an offense described in
this section may accept security for the appearance of the person cited.
Authority granted by this section is in addition to any authority to
accept security under ORS 810.440. The authority of an officer to take
security under this section is subject to all of the following:

(1) The officer may only accept security under this section for
offenses described under ORS 810.530, other than the following:

(a) Violation of manufactured structure trip permit requirements
under ORS 820.570.

(b) Violation of a provision of ORS chapter 825.

(c) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.

(d) Violation of posted weight limits under ORS 818.040.

(2) An officer shall give a receipt for the security accepted along
with the citation to appear before a court having jurisdiction of the
offense.

(3) The officer shall promptly cause the security to be delivered
to the court for disposition as provided under ORS 810.300. [1983 c.338
§404; 1985 c.16 §214]

(Accident Reports) (1) A police officer shall
submit a report to the Department of Transportation whenever the officer
does any of the following:

(a) Investigates a vehicle accident which ORS 811.725 or 822.600
requires to be reported.

(b) Prepares a report of an accident investigated at the time and
place of the accident or by field interviews with the participants or
witnesses.

(2) A police officer shall submit a report required by this section
to the department within 10 days of the investigation or preparation of
the report.

(3) Police reports submitted to the department under this section
are subject to release or use as provided under ORS 802.240. [1983 c.338
§406; 1985 c.16 §216; 1993 c.224 §4; 1993 c.751 §63; 1997 c.678 §12](Stops and Inspections) (1)
A police officer, during normal business hours, may inspect the records a
vehicle dealer is required to keep under ORS 822.045 and vehicles
included in the inventory or located on the premises of a dealer issued a
certificate under ORS 822.020. The inspections shall be limited in scope
to that necessary to determine compliance with the regulation of dealers
under the vehicle code and with vehicle title and registration provisions
under the vehicle code and for the purposes of identifying stolen
vehicles.

(2) A police officer, at any time, may inspect the books, records
and inventory of and premises used by any business issued a certificate
under ORS 822.110 for the purpose of determining whether the provisions
relating to the regulation of dismantlers, rules adopted by the
Department of Transportation relating to the regulation of dismantlers
and laws relating to licensing, titling and wrecking of vehicles are
being complied with. Every business issued a certificate under ORS
822.110 shall be inspected not less than two times each year. [1983 c.338
§408; 2005 c.654 §38](1) Any police officer may stop, measure and weigh any vehicle or
combination of vehicles by means of either portable or stationary
measures and scales, and having reason to believe that any vehicle or
combination of vehicles, including any load thereon, is unlawful, or
having reason to believe that the combined weight of the vehicle exceeds
the registration weight for the vehicle, may require that such vehicle or
combination of vehicles be driven to the nearest public or certified
scales, in the event such scales are within five miles. When it is
necessary for the vehicle or combination of vehicles to reverse direction
in order to proceed to the scales, the police officer shall assist the
driver of the vehicle or combination of vehicles so that the turning
movement can be made in safety.

(2) If the police officer finds that the vehicle or combination of
vehicles, including any load thereon, is of any dimension or has any
weight not authorized by ORS 818.010, 818.020, 818.040, 818.060, 818.080,
818.090, 818.110 and 818.130 or not authorized by the terms of any permit
issued under ORS 818.200, the police officer shall require the driver to
move the vehicle or combination of vehicles to a suitable place and
remain standing while a Uniform Traffic Citation and Complaint is being
issued and until such portion of the load is removed as may be necessary
to reduce any dimension and any weight to the limits authorized by the
statute or permit. All material or goods removed from the load shall be
removed and cared for by the driver, chauffeur or owner of the vehicle or
combination of vehicles at the risk of the driver, chauffeur or owner of
the vehicle.

(3) The police officer may, within the discretion of the officer,
permit the driver to proceed without removing the excess dimensions, or
weights if the amount of excess weight does not exceed the following:

___________________________________________________________________________
___Individual wheel        500pounds

Axle                           1,000   pounds

Tandem axles             2,000   pounds

Group of axles           3,000   pounds

Vehicle or combination

of vehicles                  4,000   pounds___________________________________________________________________________
___ (4) Discretionary action by the police officer under this section
does not relieve the driver or chauffeur and owner of the vehicle or
combination of vehicles of any criminal or other liability or
responsibility.

(5) Failure to comply with a police officer’s directions under this
section is subject to penalty under ORS 818.400. [1983 c.338 §409; 1985
c.16 §217; 1989 c.723 §17; 1991 c.284 §24; 1999 c.352 §3] (1)
A police officer may require the driver of a vehicle or combination of
vehicles to stop the vehicle or combination and submit to tests by the
officer as may be appropriate to determine if the vehicle or combination:

(a) Is being driven or moved on any street or highway without
having equipment required by the vehicle code or without the equipment in
proper condition and adjustment as required by the vehicle code; or

(b) Is in such unsafe condition as to endanger any person.

(2) A police officer must have reasonable cause to require that a
vehicle or combination be stopped and submitted to tests under this
section. [1983 c.338 §410](1) A state police officer may require a person driving a
vehicle or combination of vehicles on a street or highway to stop and
submit the vehicle or combination to an inspection of the mechanical
condition and equipment thereof at any location where members of the
Oregon State Police are conducting tests and inspections of vehicles and
when signs are displayed requiring such stop.

(2) If a vehicle inspected under this section is found to be in
violation of any provision of the vehicle code, the police officer may
issue a vehicle repair warning described under ORS 810.520 to the driver.
The officer may, in lieu of the issuance of the vehicle repair warning or
in combination therewith, issue a citation or written warning for the
violation. [1983 c.338 §411; 1985 c.16 §218] (1) A vehicle repair warning issued
under ORS 810.510 shall:

(a) Be in writing;

(b) Require that the vehicle be placed in a safe condition and its
equipment in proper repair and adjustment;

(c) Specify the particulars with reference to condition, equipment,
repair or adjustments required; and

(d) Require that approval of the repair or adjustment be obtained
within 15 days.

(2) Approval required by this section may be obtained by presenting
satisfactory proof to any office of the Oregon State Police that the
defect has been corrected.

(3) If an owner or driver is issued a vehicle repair warning
described in this section, the vehicle described in the warning:

(a) Shall be brought into compliance with the warning and within 15
days the owner or driver must secure approval of the compliance; or

(b) Shall not be operated upon the highways of this state.

(4) This section is not intended to preclude the issuance of
citations for equipment violations if repair or adjustment required by a
vehicle repair warning is not perfected within 15 days.

(5) In lieu of compliance with this section the vehicle shall not
be operated on the highways of this state. [1983 c.338 §412; 1985 c.16
§219]OTHER ENFORCEMENT OFFICIALS(1) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed may arrest
or issue a citation for the offense in the same manner as under ORS
810.410 as if the weighmaster or motor carrier enforcement officer were a
police officer. This subsection applies to the following offenses:

(a) Violation of maximum weight limits under ORS 818.020.

(b) Violation of posted weight limits under ORS 818.040.

(c) Violation of administratively imposed weight or size limits
under ORS 818.060.

(d) Violation of maximum size limits under ORS 818.090.

(e) Exceeding maximum number of vehicles in combination under ORS
818.110.

(f) Violation of posted limits on use of road under ORS 818.130.

(g) Violation of towing safety requirements under ORS 818.160.

(h) Operating with sifting or leaking load under ORS 818.300.

(i) Dragging objects on highway under ORS 818.320.

(j) Unlawful use of devices without wheels under ORS 815.155.

(k) Unlawful use of metal objects on tires under ORS 815.160.

(L) Operation without pneumatic tires under ORS 815.170.

(m) Operation in violation of vehicle variance permit under ORS
818.340.

(n) Failure to carry and display permit under ORS 818.350.

(o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.

(p) Violation of any provision of ORS chapter 825.

(q) Operation without proper fenders or mudguards under ORS 815.185.

(r) Vehicle operating without driving privileges in violation of
ORS 807.010 if the person is operating a commercial motor vehicle and the
person does not have a commercial driver license or does not have an
appropriate permit.

(s) Violation driving while suspended or revoked in violation of
ORS 811.175 if the person is operating a commercial motor vehicle while
the person’s commercial driver license is suspended or revoked.

(t) Failure to use vehicle traction tires or chains in violation of
ORS 815.140 if the person is operating a motor vehicle subject to ORS
chapter 825 or 826.

(2) A weighmaster or motor carrier enforcement officer in whose
presence an offense described in this subsection is committed by a person
operating a commercial motor vehicle may issue a citation for the
offense. A weighmaster or motor carrier enforcement officer who finds
evidence that an offense described in this subsection has been committed
by a person operating a commercial motor vehicle or by a motor carrier
for which the person is acting as an agent may issue a citation for the
offense. A weighmaster or motor carrier enforcement officer issuing a
citation under this subsection has the authority granted a police officer
issuing a citation under ORS 810.410. A citation issued under this
subsection to the operator of a commercial motor vehicle shall be
considered to have been issued to the motor carrier that owns the
commercial motor vehicle if the operator is not the owner. This
subsection applies to the following offenses, all of which are Class A
traffic violations under ORS 825.990 (1):

(a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.

(b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.

(c) Refusing or failing to file the annual report as required by
ORS 825.320.

(d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required by the
department.

(e) Failing to appear for a hearing after notice that the carrier’s
certificate or permit is under investigation.

(f) Filing with the department an application that is false with
regard to the ownership, possession or control of the equipment being
used or the operation being conducted.

(g) Delinquency in reporting or paying any fee, tax or penalty due
to the department under ORS chapter 825 or 826.

(h) Refusing or failing to file a deposit or bond as required under
ORS 825.506.

(i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by ORS
825.402.

(3) A weighmaster or motor carrier enforcement officer who finds
evidence that a person operating a commercial motor vehicle has committed
the offense of failure to pay the appropriate registration fee under ORS
803.315 may issue a citation for the offense in the same manner as under
ORS 810.410 as if the weighmaster or motor carrier enforcement officer
were a police officer.

(4) The authority of a weighmaster or motor carrier enforcement
officer to issue citations or arrest under this section is subject to ORS
chapter 153.

(5)(a) A person is a weighmaster for purposes of this section if
the person is a county weighmaster or a police officer.

(b) A person is a motor carrier enforcement officer under this
section if the person is duly authorized as a motor carrier enforcement
officer by the Department of Transportation.

(6) A weighmaster or motor carrier enforcement officer may accept
security in the same manner as a police officer under ORS 810.440 and
810.450 and may take as security for the offenses, in addition to other
security permitted under this section, the sum fixed as the base fine for
the offense.

(7) A weighmaster or motor carrier enforcement officer may arrest a
person for the offense of failure to appear in a violation proceeding
under ORS 153.992 if the violation is based upon a citation for any
offense described in subsection (1) or (3) of this section except those
described in subsection (1)(p) of this section.

(8) A weighmaster or motor carrier enforcement officer may exercise
the same authority as a police officer under ORS 810.490 to enforce
vehicle requirements and detain vehicles. A person who fails to comply
with the authority of a weighmaster or motor carrier enforcement officer
under this subsection is subject to penalty under ORS 818.400. [1983
c.338 §414; 1985 c.16 §220; 1991 c.263 §1; 1993 c.741 §99; 1999 c.1051
§291; 2001 c.335 §7; 2001 c.520 §2; 2003 c.655 §119a]Game wardens and all
other state law enforcement officers within their respective jurisdiction
shall enforce the provisions relating to snowmobiles and all-terrain
vehicles under ORS 821.190, 821.210, 821.220 and 821.240 to 821.290. The
authority granted by this section to enforce laws relating to snowmobiles
and all-terrain vehicles is in addition to any authority of police
officers to enforce such laws. [1983 c.338 §415; 1987 c.217 §7; 1987
c.587 §23; 1989 c.991 §5a]When a regularly employed officer of a railroad commissioned to
act as a police officer by the Governor under ORS 131.880 finds a vehicle
parked or standing upon any railroad track or within seven and one-half
feet of the nearest rail in violation of ORS 811.555, the person may move
the vehicle, cause it to be moved or require the driver or person in
charge of the vehicle to move it to a position more than seven and
one-half feet from the nearest rail. [1983 c.338 §416]Before an enforcement official may conduct inspections of
commercial vehicles, drivers or cargoes for purposes of enforcing rules
adopted under ORS 825.252 and 825.258, the official shall be trained and
certified as a commercial vehicle inspector by the Department of
Transportation. [1995 c.574 §3]

_______________

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