USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 811 Rules of the Road for Drivers
None of the provisions of the
vehicle code relieve a pedestrian from the duty to exercise due care or
relieve a driver from the duty to exercise due care concerning
pedestrians. [1983 c.338 §543]
(1) The
driver of a vehicle commits the offense of failure to obey a traffic
patrol member if:
(a) A traffic patrol member makes a cautionary sign or signal to
indicate that students have entered or are about to enter the crosswalk
under the traffic patrol member’s direction; and
(b) The driver does not stop and remain stopped for students who
are in or entering the crosswalk from either direction on the street on
which the driver is operating.
(2) Traffic patrol members described in this section are those
provided under ORS 339.650 to 339.665.
(3) The offense described in this section, failure to obey a
traffic patrol member, is a Class A traffic violation. [1983 c.338 §545;
1995 c.383 §12; 2003 c.278 §2] (1) The
driver of a vehicle commits the offense of failure to yield to a traffic
patrol member if the driver fails to stop and yield the right of way to a
traffic patrol member who:
(a) Has entered a crosswalk for the purpose of directing students
who have entered or are about to enter the crosswalk; and
(b) Is carrying a flag or wearing something that identifies the
person as a traffic patrol member.
(2) For purposes of this section, “traffic patrol” has the meaning
given that term in ORS 339.650.
(3) The offense described in this section, failure to yield to a
traffic patrol member, is a Class A traffic violation. [2003 c.557 §2] (1) The
driver of a vehicle commits the offense of passing a stopped vehicle at a
crosswalk if the driver:
(a) Approaches from the rear another vehicle that is stopped at a
marked or an unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway; and
(b) Overtakes and passes the stopped vehicle.
(2) The offense described in this section, passing a stopped
vehicle at a crosswalk, is a Class B traffic violation. [1983 c.338 §546] (1)
The driver of a vehicle commits the offense of failure to yield to a
pedestrian on a sidewalk if the driver does not yield the right of way to
any pedestrian on a sidewalk.
(2) The offense described in this section, failure to yield to a
pedestrian on a sidewalk, is a Class B traffic violation. [1983 c.338
§547; 1995 c.383 §42]
(1) The driver of a vehicle commits the offense of failure to stop and
remain stopped for a pedestrian if the driver does not stop and remain
stopped for a pedestrian when the pedestrian is:
(a) Proceeding in accordance with a traffic control device as
provided under ORS 814.010 or crossing the roadway in a crosswalk, as
defined in ORS 801.220; and
(b) In any of the following locations:
(A) In the lane in which the driver’s vehicle is traveling;
(B) In a lane adjacent to the lane in which the driver’s vehicle is
traveling;
(C) In the lane into which the driver’s vehicle is turning;
(D) In a lane adjacent to the lane into which the driver’s vehicle
is turning, if the driver is making a turn at an intersection that does
not have a traffic control device under which a pedestrian may proceed as
provided under ORS 814.010; or
(E) Less than six feet from the lane into which the driver’s
vehicle is turning, if the driver is making a turn at an intersection
that has a traffic control device under which a pedestrian may proceed as
provided under ORS 814.010.
(2) For the purpose of this section, a bicycle lane or the part of
a roadway where a vehicle stops, stands or parks that is adjacent to a
lane of travel is considered to be part of that adjacent lane of travel.
(3) This section does not require a driver to stop and remain
stopped for a pedestrian under any of the following circumstances:
(a) Upon a roadway with a safety island, if the driver is
proceeding along the half of the roadway on the far side of the safety
island from the pedestrian; or
(b) Where a pedestrian tunnel or overhead crossing has been
provided at or near a crosswalk.
(4) The offense described in this section, failure to stop and
remain stopped for a pedestrian, is a Class B traffic violation. [2005
c.746 §2]Note: 811.028 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 811 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation. (1) The driver of a
vehicle commits the offense of driving through a safety zone if the
driver at any time drives through or within any area or space officially
set apart within a roadway for the exclusive use of pedestrians and which
is protected or is so marked or indicated by adequate signs as to be
plainly visible at all times while set apart as a safety zone.
(2) The offense described in this section, driving through a safety
zone, is a Class B traffic violation. [1983 c.338 §548; 1995 c.383 §43](1) The driver of a vehicle commits the offense of failure to
stop and remain stopped for a blind pedestrian if the driver violates any
of the following:
(a) A driver approaching a blind or blind and deaf pedestrian
carrying a white cane or accompanied by a dog guide, who is crossing or
about to cross a roadway, shall stop and remain stopped until the
pedestrian has crossed the roadway.
(b) Where the movement of vehicular traffic is regulated by traffic
control devices, a driver approaching a blind or blind and deaf
pedestrian shall stop and remain stopped until the pedestrian has vacated
the roadway if the blind or blind and deaf pedestrian has entered the
roadway and is carrying a white cane or is accompanied by a dog guide.
This paragraph applies notwithstanding any other provisions of the
vehicle code relating to traffic control devices.
(2) This section is subject to the provisions and definitions
relating to the rights of pedestrians who are blind or blind and deaf
under ORS 814.110.
(3) The offense described in this section, failure to stop and
remain stopped for a blind pedestrian, is a Class B traffic violation.
[1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3] (1) A
person commits the offense of failure of a motor vehicle operator to
yield to a rider on a bicycle lane if the person is operating a motor
vehicle and the person does not yield the right of way to a person
operating a bicycle, electric assisted bicycle, electric personal
assistive mobility device, moped, motor assisted scooter or motorized
wheelchair upon a bicycle lane.
(2) This section does not require a person operating a moped to
yield the right of way to a bicycle or a motor assisted scooter if the
moped is operated on a bicycle lane in the manner permitted under ORS
811.440.
(3) The offense described in this section, failure of a motor
vehicle operator to yield to a rider on a bicycle lane, is a Class B
traffic violation. [1983 c.338 §698; 1985 c.16 §336; 1991 c.417 §4; 1997
c.400 §8; 2001 c.749 §23; 2003 c.341 §7] (1) The
driver of a motor vehicle commits the offense of failure to yield the
right of way to a bicyclist on a sidewalk if the driver does not yield
the right of way to any bicyclist on a sidewalk.
(2) The driver of a motor vehicle is not in violation of this
section when a bicyclist is operating in violation of ORS 814.410.
Nothing in this subsection relieves the driver of a motor vehicle from
the duty to exercise due care.
(3) The offense described in this section, failure to yield the
right of way to a bicyclist on a sidewalk, is a Class B traffic
violation. [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44] (1)
For the purposes of this section, “recklessly” has the meaning given that
term in ORS 161.085.
(2) A person commits the offense of vehicular assault of a
bicyclist or pedestrian if:
(a) The person recklessly operates a vehicle upon a highway in a
manner that results in contact between the person’s vehicle and a bicycle
operated by a person, a person operating a bicycle or a pedestrian; and
(b) The contact causes physical injury to the person operating a
bicycle or the pedestrian.
(3) The offense described in this section, vehicular assault of a
bicyclist or pedestrian, is a Class A misdemeanor. [2001 c.635 §5]SPEED(Basic Rule) (1) A person
commits the offense of violating the basic speed rule if the person
drives a vehicle upon a highway at a speed greater than is reasonable and
prudent, having due regard to all of the following:
(a) The traffic.
(b) The surface and width of the highway.
(c) The hazard at intersections.
(d) Weather.
(e) Visibility.
(f) Any other conditions then existing.
(2) The following apply to the offense described in this section:
(a) The offense is as applicable on an alley as on any other
highway.
(b) Speeds that are prima facie evidence of violation of this
section are established by ORS 811.105.
(c) This section and ORS 811.105 establish limitation on speeds
that are in addition to speed limits established in ORS 811.111.
(3) Except as provided in subsection (4) of this section, violation
of the basic speed rule by exceeding a designated speed posted under ORS
810.180 is punishable as provided in ORS 811.109.
(4) The offense described in this section, violating the basic
speed rule, is a Class B traffic violation if the person drives a vehicle
upon a highway at a speed that is not reasonable and prudent under the
circumstances described in subsection (1) of this section even though the
speed is lower than the appropriate speed specified in ORS 811.105 as
prima facie evidence of violation of the basic speed rule. [1983 c.338
§563; 1987 c.887 §9; 1989 c.592 §4; 1991 c.728 §5; 1999 c.1051 §229; 2003
c.819 §5] (1) Any
speed in excess of a designated speed posted by authority granted under
ORS 810.180 is prima facie evidence of violation of the basic speed rule
under ORS 811.100.
(2) If no designated speed is posted by authority granted under ORS
810.180, any speed in excess of one of the following speeds is prima
facie evidence of violation of the basic speed rule:
(a) Fifteen miles per hour when driving on an alley.
(b) Twenty miles per hour in a business district.
(c) Twenty-five miles per hour in any public park.
(d) Twenty-five miles per hour on a highway in a residence district
if:
(A) The residence district is not located within a city; and
(B) The highway is neither an arterial nor a collector highway.
(e) Fifty-five miles per hour in locations not otherwise described
in this section. [1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989
c.592 §5; 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6;
2003 c.819 §6]A flashing light used as a traffic control device to indicate that
children may be arriving at or leaving school that is operated to give
notice under ORS 811.111 or 811.235 may be operated only at times when
children are scheduled to arrive at or leave the school. [1995 c.558 §2;
1997 c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b] (1) The
speed limits established by ORS 811.111 do not authorize speeds higher
than those required for compliance with the basic speed rule.
(2) The basic speed rule does not authorize speeds higher than
those established as speed limits by ORS 811.111. [1987 c.887 §5; 2003
c.819 §8](Maximum Speeds) (1) Violation of a specific
speed limit imposed under law or of a posted speed limit is punishable as
follows:
(a) One to 10 miles per hour in excess of the speed limit is a
Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the speed limit is a Class
C traffic violation.
(c) 21 to 30 miles per hour in excess of the speed limit is a Class
B traffic violation.
(d) Over 30 miles per hour in excess of the speed limit is a Class
A traffic violation.
(2) Notwithstanding subsection (1) of this section, if the speed
limit is 65 miles per hour or greater and:
(a) The person is exceeding the speed limit by 10 miles per hour or
less, the offense is a Class C traffic violation.
(b) The person is exceeding the speed limit by more than 10 miles
per hour but not more than 20 miles per hour, the offense is a Class B
traffic violation.
(c) The person is exceeding the speed limit by more than 20 miles
per hour, the offense is a Class A traffic violation.
(3) Violation of the basic speed rule by exceeding a designated
speed posted under ORS 810.180 is punishable as follows:
(a) One to 10 miles per hour in excess of the designated speed is a
Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the designated speed is a
Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the designated speed is a
Class B traffic violation.
(d) Over 30 miles per hour in excess of the designated speed is a
Class A traffic violation.
(4) In addition to a fine imposed under subsection (1), (2) or (3)
of this section, a court may impose a suspension of driving privileges
for up to 30 days if a person exceeds a speed limit or designated speed
by more than 30 miles per hour and the person has received at least one
prior conviction under ORS 811.100 or 811.111 within 12 months of the
date of the current offense.
(5) If a person drives 100 miles per hour or greater when the
person commits a violation described in this section, a court shall
impose the following in lieu of a punishment otherwise imposed under this
section:
(a) A fine of $1,000; and
(b) A suspension of driving privileges for not less than 30 days
nor more than 90 days.
(6) When a court imposes a suspension under subsection (4) or (5)
of this section, the court shall prepare and send to the Department of
Transportation an order of suspension of driving privileges of the
person. Upon receipt of an order under this subsection, the department
shall take action as directed under ORS 809.280. [1995 c.383 §14; 2003
c.819 §17; 2005 c.491 §1] (1) A person commits the
offense of violating a speed limit if the person:
(a) Drives a vehicle on an interstate highway at a speed greater
than 65 miles per hour or, if a different speed is posted under ORS
810.180 (3), at a speed greater than the posted speed.
(b) Notwithstanding paragraph (a) of this subsection, drives any of
the following vehicles at a speed greater than 55 miles per hour on any
highway or, if a different speed is posted under ORS 810.180 (3), at a
speed greater than the posted speed:
(A) A motor truck with a gross vehicle weight rating of more than
10,000 pounds or a truck tractor with a gross vehicle weight rating of
more than 8,000 pounds.
(B) A school bus.
(C) A school activity vehicle.
(D) A worker transport bus.
(E) A bus operated for transporting children to and from church or
an activity or function authorized by a church.
(F) Any vehicle used in the transportation of persons for hire by a
nonprofit entity as provided in ORS 825.017 (9).
(c) Drives a vehicle or conveyance on any part of the ocean shore
in this state at a speed greater than any of the following:
(A) Any designated speed for ocean shores that is established and
posted under ORS 810.180.
(B) If no designated speed is posted under ORS 810.180, 25 miles
per hour.
(d) Drives a vehicle upon a highway in any city at a speed greater
than a speed posted by authority granted under ORS 810.180 or, if no
speed is posted, the following:
(A) Fifteen miles per hour when driving on an alley.
(B) Twenty miles per hour in a business district.
(C) Twenty-five miles per hour in a public park.
(D) Twenty-five miles per hour on a highway in a residence district
if the highway is not an arterial highway.
(E) Sixty-five miles per hour on an interstate highway.
(F) Fifty-five miles per hour in locations not otherwise described
in this paragraph.
(e) Drives a vehicle in a school zone at a speed greater than 20
miles per hour if the school zone is:
(A) A segment of highway described in ORS 801.462 (1)(a) and:
(i) The school zone has a flashing light used as a traffic control
device and operated under ORS 811.106 and the flashing light indicates
that children may be arriving at or leaving school; or
(ii) If the school zone does not have a flashing light used as a
traffic control device, the person drives in the school zone between 7
a.m. and 5 p.m. on a day when school is in session.
(B) A crosswalk described in ORS 801.462 (1)(b) and:
(i) A flashing light used as a traffic control device and operated
under ORS 811.106 indicates that children may be arriving at or leaving
school; or
(ii) Children are present, as described in ORS 811.124.
(2) The offense described in this section, violating a speed limit,
is punishable as provided in ORS 811.109. [2003 c.819 §4; 2003 c.819 §4a;
2005 c.573 §1; 2005 c.770 §6]Note: The amendments to 811.111 by section 1, chapter 573, Oregon
Laws 2005, take effect July 1, 2006. See section 2, chapter 573, Oregon
Laws 2005. The text that is effective until July 1, 2006, including
amendments by section 6, chapter 770, Oregon Laws 2005, is set forth for
the user’s convenience.
811.111. (1) A person commits the offense of violating a speed
limit if the person:
(a) Drives a vehicle on an interstate highway at a speed greater
than 65 miles per hour or, if a different speed is posted under ORS
810.180 (3), at a speed greater than the posted speed.
(b) Notwithstanding paragraph (a) of this subsection, drives any of
the following vehicles at a speed greater than 55 miles per hour on any
highway or, if a different speed is posted under ORS 810.180 (3), at a
speed greater than the posted speed:
(A) A motor truck with a gross vehicle weight rating of more than
10,000 pounds or a truck tractor with a gross vehicle weight rating of
more than 8,000 pounds.
(B) A school bus.
(C) A school activity vehicle.
(D) A worker transport bus.
(E) A bus operated for transporting children to and from church or
an activity or function authorized by a church.
(F) Any vehicle used in the transportation of persons for hire by a
nonprofit entity as provided in ORS 825.017 (9).
(c) Drives a vehicle or conveyance on any part of the ocean shore
in this state at a speed greater than any of the following:
(A) Any designated speed for ocean shores that is established and
posted under ORS 810.180.
(B) If no designated speed is posted under ORS 810.180, 25 miles
per hour.
(d) Drives a vehicle upon a highway in any city at a speed greater
than a speed posted by authority granted under ORS 810.180 or, if no
speed is posted, the following:
(A) Fifteen miles per hour when driving on an alley.
(B) Twenty miles per hour in a business district.
(C) Twenty-five miles per hour in a public park.
(D) Twenty-five miles per hour on a highway in a residence district
if the highway is not an arterial highway.
(E) Sixty-five miles per hour on an interstate highway.
(F) Fifty-five miles per hour in locations not otherwise described
in this paragraph.
(e) Drives a vehicle in a school zone at a speed greater than 20
miles per hour:
(A) At any time, if the school zone is a segment of highway
described in ORS 801.462 (1)(a) that is contiguous to a segment of
highway on which:
(i) There is a posted speed of 30 miles per hour or less;
(ii) There is a speed limit of 30 miles per hour or less; or
(iii) A speed of 30 miles per hour or less is prima facie evidence
of violation of the basic speed rule under ORS 811.105.
(B) At any time that a flashing light described in ORS 811.106 is
operating or at any time posted on signs in the school zone, if the
school zone is a segment of highway described in ORS 801.462 (1)(a) that
is contiguous to a segment of highway on which:
(i) There is a posted speed greater than 30 miles per hour;
(ii) There is a speed limit greater than 30 miles per hour; or
(iii) A speed greater than 30 miles per hour is prima facie
evidence of violation of the basic speed rule under ORS 811.105.
(C) At any time that a flashing light described in ORS 811.106 is
operating, at any time posted on signs in the school zone or at any time
that children are present, if the school zone is a crosswalk described in
ORS 801.462 (1)(b).
(2) The offense described in this section, violating a speed limit,
is punishable as provided in ORS 811.109. For
purposes of ORS 811.111, children are present at any time and on any day
when:
(1) Children are:
(a) Occupying or walking within a crosswalk described in ORS
801.462 (1)(b); or
(b) Waiting on the curb or shoulder of the highway at a crosswalk
described in ORS 801.462 (1)(b); or
(2) A traffic patrol member provided under ORS 339.650 to 339.665
is present to assist children at a crosswalk described in ORS 801.462
(1)(b). [1997 c.438 §2; 2003 c.397 §5; 2003 c.819 §§9,9a,9b](Racing) (1) A person commits the
offense of speed racing on a highway if, on a highway in this state, the
person drives a vehicle or participates in any manner in any of the
following in which a vehicle is involved:
(a) A speed competition or contest.
(b) An acceleration contest.
(c) A test of physical endurance.
(d) An exhibition of speed or acceleration.
(e) The making of a speed record.
(f) A race. For purposes of this paragraph, racing is the use of
one or more vehicles in an attempt to outgain, outdistance or prevent
another vehicle from passing, to arrive at a given destination ahead of
another vehicle or vehicles or to test the physical stamina or endurance
of drivers over long distance driving routes.
(g) A drag race. For purposes of this paragraph, drag racing is the
operation of two or more vehicles from a point side by side at
accelerating speeds in a competitive attempt to outdistance each other,
or the operation of one or more vehicles over a common selected course,
from the same point to the same point for the purpose of comparing the
relative speeds or power of acceleration of the vehicle or vehicles
within a certain distance or time limit.
(2) The offense described in this section, speed racing on a
highway, is a Class A traffic violation and is applicable on any premises
open to the public. [1983 c.338 §568; 1985 c.16 §287] (1) Except as
provided in subsection (3) of this section, a person commits the offense
of organizing a speed racing event if the person in any manner organizes
a speed racing event.
(2) As used in this section, “speed racing event” means an event
that:
(a) Is preplanned and coordinated and involves two or more vehicles;
(b) Includes any of the activities described in ORS 811.125 (1); and
(c) Takes place on a highway.
(3) A person who organizes a speed racing event is not in violation
of this section if the person has a permit from the road authority for
the highway on which the event takes place.
(4) The offense described in this section, organizing a speed
racing event, is a Class C felony. [2003 c.550 §2](Impeding Traffic) (1) A person commits the offense
of impeding traffic if the person drives a motor vehicle or a combination
of motor vehicles in a manner that impedes or blocks the normal and
reasonable movement of traffic.
(2) A person is not in violation of the offense described under
this section if the person is proceeding in a manner needed for safe
operation.
(3) Proceeding in a manner needed for safe operation includes but
is not necessarily limited to:
(a) Momentarily stopping to allow oncoming traffic to pass before
making a right-hand or left-hand turn.
(b) Momentarily stopping in preparation of, or moving at an
extremely slow pace while, negotiating an exit from the road.
(4) A person is not in violation of the offense described under
this section if the person is proceeding as part of a funeral procession
under the direction of a funeral escort vehicle or a funeral lead vehicle.
(5) The offense described in this section, impeding traffic, is a
Class D traffic violation. [1983 c.338 §569; 1985 c.16 §288; 1989 c.433
§1; 1991 c.482 §18; 1995 c.383 §45]CARELESS AND RECKLESS DRIVING (1) A person commits the offense
of careless driving if the person drives any vehicle upon a highway or
other premises described in this section in a manner that endangers or
would be likely to endanger any person or property.
(2) The offense described in this section, careless driving,
applies on any premises open to the public and is a Class B traffic
violation unless commission of the offense contributes to an accident. If
commission of the offense contributes to an accident, the offense is a
Class A traffic violation. [1983 c.338 §570; 1995 c.383 §20] (1) A person commits the offense
of reckless driving if the person recklessly drives a vehicle upon a
highway or other premises described in this section in a manner that
endangers the safety of persons or property.
(2) The use of the term “recklessly” in this section is as defined
in ORS 161.085.
(3) The offense described in this section, reckless driving, is a
Class A misdemeanor and is applicable upon any premises open to the
public. [1983 c.338 §571]SPECIAL SAFETY MEASURES(1) A person commits the offense of failure to yield to an
emergency vehicle or ambulance if an ambulance or emergency vehicle that
is using a visual or audible signal in a manner described under ORS
820.300 and 820.320 approaches the vehicle the person is operating and
the person does not do all of the following:
(a) Yield the right of way to the ambulance or emergency vehicle.
(b) Immediately drive to a position as near as possible and
parallel to the right-hand edge or curb of the roadway clear of any
intersection.
(c) Stop and remain in such position until the emergency vehicle or
ambulance has passed.
(2) A person is not in violation of this section if the person is
acting as otherwise directed by a police officer.
(3) This section does not relieve the driver of an emergency
vehicle or ambulance from the duty to drive with due regard for the
safety of all persons using the highway, nor does this section protect
the driver of any such vehicle from the consequence of an arbitrary
exercise of the right of way granted under this section.
(4) The offense described in this section, failure to yield to an
emergency vehicle or ambulance, is a Class B traffic violation. [1983
c.338 §582; 1985 c.16 §289; 1995 c.383 §46](1) A person operating a motor vehicle commits the
offense of failure to maintain a safe distance from an emergency vehicle
or ambulance if the person approaches an emergency vehicle or ambulance
that is stopped and is displaying required warning lights and the person:
(a) On a highway having two or more lanes for traffic in a single
direction, fails to:
(A) Make a lane change to a lane not adjacent to that of the
emergency vehicle or ambulance; or
(B) Reduce the speed of the motor vehicle, if making a lane change
is unsafe.
(b) On a two directional, two-lane highway, fails to reduce the
speed of the motor vehicle.
(2) The offense described in this section, failure to maintain a
safe distance from an emergency vehicle or ambulance, is a Class B
traffic violation. [2003 c.42 §2]Note: 811.147 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 811 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation.
(1) A person commits the offense of interference with an emergency
vehicle or ambulance if the person does any of the following:
(a) Drives a vehicle following at a distance closer than 500 feet
any emergency vehicle or ambulance that is traveling in response to a
fire alarm or emergency.
(b) Drives or parks a vehicle in a manner that interferes with the
emergency vehicle or ambulance responding to a fire alarm or emergency.
(c) Drives over an unprotected hose of a fire department laid down
on any highway, private road or driveway to be used at any fire, alarm of
fire or emergency.
(2) The following exemptions apply to this section:
(a) Nothing in this section prohibits a driver of an emergency
vehicle or ambulance from following within 500 feet of an emergency
vehicle or ambulance traveling in response to a fire alarm or emergency
or from driving into or parking a vehicle in the area or vicinity where
such vehicles have stopped in response to an alarm or emergency.
(b) Nothing in this section prevents any person from driving over
an unprotected hose of a fire department if the person first obtains the
permission of a fire department official or police officer at the scene
of the fire, alarm of fire or emergency.
(3) The offense described in this section, interference with an
emergency vehicle or ambulance, is a Class B traffic violation. [1983
c.338 §584; 1985 c.16 §291; 1985 c.190 §1; 1995 c.383 §47] (1) A
driver commits the offense of failure to stop for bus safety lights if
the driver meets or overtakes from either direction any vehicle that is
stopped on a roadway and that is operating red bus safety lights
described under ORS 816.260 and the driver does not:
(a) Stop before reaching the vehicle; and
(b) Remain standing until the bus safety lights are no longer
operating.
(2) The following apply to the offense described in this section:
(a) The offense described in this section does not apply if the
vehicle operating the bus safety lights is not permitted under ORS
816.350 and 816.360 to operate red bus safety lights.
(b) A driver need not comply with this section if the vehicle
operating red bus safety lights is stopped on a different roadway.
(3) The offense described in this section, failure to stop for bus
safety lights, is a Class A traffic violation. [1983 c.338 §583; 1985
c.16 §290] (1)
The driver of a school bus, worker transport bus or a bus issued a permit
under ORS 818.260 may report a violation of ORS 811.155 to the local law
enforcement agency having jurisdiction over the area where the violation
is alleged to have occurred.
(2) A report under subsection (1) of this section shall be made
within 72 hours of the alleged violation and shall contain:
(a) The date and time of day of the alleged violation;
(b) The name of the street on which the bus was traveling at the
time of the alleged violation and either the approximate address or the
name of the closest intersecting street;
(c) The direction in which the bus was traveling and the direction
in which the vehicle alleged to have committed the violation was
traveling;
(d) The weather conditions, including visibility, at the time of
the alleged violation; and
(e) The following information about the vehicle alleged to have
committed the violation:
(A) Number and state of issuance of the registration plate; and
(B) Whether the vehicle is a sedan, station wagon, van, truck, bus,
motorcycle or other type of vehicle.
(3) In addition to the information required by subsection (2) of
this section, the report may contain any other identifying information,
including but not limited to color of the vehicle, that the reporting bus
driver has about the vehicle or the driver of the vehicle alleged to have
committed the violation. [1987 c.654 §2]Upon receipt of a report containing the information required
by ORS 811.157 (2), the law enforcement agency shall determine the name
and address of the registered owner of the vehicle and shall send the
registered owner a letter informing the owner that the vehicle was
observed violating ORS 811.155. The letter shall include, at a minimum,
information from the report filed under ORS 811.157 specifying the time
and place of the alleged violation. [1987 c.654 §3](1) A person commits the offense of interference with rail fixed
guideway system operation if the person does any of the following:
(a) Drives any vehicle in front of a rail fixed guideway system
vehicle upon a track and the person fails to remove the person’s vehicle
from the track as soon as practicable after signal from the operator of
the rail fixed guideway system vehicle.
(b) Drives a vehicle upon or across rail fixed guideway system
tracks within an intersection in front of a rail fixed guideway system
vehicle when the rail fixed guideway system vehicle has started to cross
the intersection.
(c) Overtakes or passes upon the left any rail fixed guideway
system vehicle proceeding in the same direction whether actually in
motion or temporarily at rest. This paragraph does not apply on one-way
streets or on streets where the tracks are so located as to prevent
compliance.
(2) This section applies to any rail fixed guideway system vehicle
that is any device traveling exclusively upon rails when upon or crossing
a highway but does not apply to cars or trains propelled or moved by
steam engine or by diesel engine.
(3) The offense described in this section, interference with rail
fixed guideway system operation, is a Class B traffic violation. [1983
c.338 §585; 1995 c.383 §48; 2001 c.522 §3](1) A person commits the offense of failure to stop for
passenger loading of a public transit vehicle if the person is the driver
of a vehicle overtaking a public transit vehicle described in this
section that is stopped or about to stop for the purpose of receiving or
discharging any passenger and the person does not:
(a) Stop the overtaking vehicle to the rear of the nearest running
board or door of the public transit vehicle; and
(b) Keep the vehicle stationary until all passengers have boarded
or alighted therefrom and reached a place of safety.
(2) This section applies to the following public transit vehicles:
(a) Commercial buses; and
(b) Rail fixed guideway system vehicles.
(3) A person is not in violation of this section if the person
passes a public transit vehicle:
(a) Upon the left of any public transit vehicle described in this
section on a one-way street; or
(b) At a speed not greater than is reasonable and proper and with
due caution for the safety of pedestrians when:
(A) The public transit vehicle has stopped at the curb; or
(B) Any area or space has been officially set apart within the
roadway for the exclusive use of pedestrians and the area or space is so
protected or marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
(4) The offense described in this section, failure to stop for
passenger loading of public transit vehicle, is a Class B traffic
violation. [1983 c.338 §586; 1985 c.16 §292; 1995 c.383 §49; 2001 c.522
§4](1) A person commits the offense of failure to yield the right
of way to a transit bus entering traffic if the person does not yield the
right of way to a transit bus when:
(a) A yield sign as described in subsection (2) of this section is
displayed on the back of the transit bus;
(b) The person is operating a vehicle that is overtaking the
transit bus from the rear of the transit bus; and
(c) The transit bus, after stopping to receive or discharge
passengers, is signaling an intention to enter the traffic lane occupied
by the person.
(2) The yield sign referred to in subsection (1)(a) of this section
shall warn a person operating a motor vehicle approaching the rear of a
transit bus that the person must yield when the transit bus is entering
traffic. The yield sign shall be illuminated by a flashing light when the
bus is signaling an intention to enter a traffic lane after stopping to
receive or discharge passengers. The Oregon Transportation Commission
shall adopt by rule the message on the yield sign, specifications for the
size, shape, color, lettering and illumination of the sign and
specifications for the placement of the sign on a transit bus.
(3) This section does not relieve a driver of a transit bus from
the duty to drive with due regard for the safety of all persons using the
roadway.
(4) As used in this section, “transit bus” means a commercial bus
operated by a city, a mass transit district established under ORS 267.010
to 267.390 or a transportation district established under ORS 267.510 to
267.650.
(5) The offense described in this section, failure to yield the
right of way to a transit bus entering traffic, is a Class D traffic
violation. [1997 c.509 §2]OPEN CONTAINER VIOLATIONS (1) A person
commits the offense of violation of the open container law in a motor
vehicle if the person does any of the following:
(a) Drinks any alcoholic liquor in a motor vehicle when the vehicle
is upon a highway.
(b) Possesses on one’s person, while in a motor vehicle upon a
highway, any bottle, can or other receptacle containing any alcoholic
liquor, which has been opened, or a seal broken, or the contents of which
have been partially removed.
(c) Keeps in a motor vehicle when the vehicle is upon any highway,
any bottle, can or other receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the contents of which have
been partially removed. The following apply to this paragraph:
(A) This paragraph applies only to the registered owner of any
motor vehicle or, if the registered owner is not then present in the
vehicle, to the driver of the vehicle.
(B) This paragraph does not apply if the bottle, can or other
receptacle is kept in the trunk of the vehicle, or kept in some other
area of the vehicle not normally occupied by the driver or passengers if
the vehicle is not equipped with a trunk.
(C) For purposes of this paragraph, a utility compartment or glove
compartment is considered within the area occupied by the driver and
passengers.
(D) This paragraph does not apply to the living quarters of a
camper or motor home.
(2) The offense described in this section does not apply to
passengers in a motor vehicle operated by a common carrier and used
primarily to carry passengers for hire.
(3) The offense described in this section, violation of the open
container law in a motor vehicle, is a Class B traffic violation. [1983
c.338 §597; 1985 c.16 §303; 2001 c.827 §10]DISPOSING OF HUMAN WASTE (1) A person
commits the offense of improperly disposing of human waste if the person
is operating or riding in a motor vehicle and the person throws, puts or
otherwise leaves a container of urine or other human waste on or beside
the highway.
(2) The offense described in this section, improperly disposing of
human waste, is a misdemeanor and is punishable by a maximum fine of
$250. [1999 c.670 §2]DRIVING WHILE SUSPENDED OR REVOKED
(1) A person commits the offense of violation driving while suspended or
revoked if the person does any of the following:
(a) Drives a motor vehicle upon a highway during a period when the
person’s driving privileges or right to apply for driving privileges have
been suspended or revoked in this state by a court or by the Department
of Transportation.
(b) Drives a motor vehicle outside the limitations of a
probationary permit issued under ORS 807.270 or a hardship driver permit
issued under ORS 807.240, including any limitations placed on the permit
under ORS 813.510.
(c) Drives a commercial motor vehicle upon a highway during a
period when the person’s commercial driver license has been suspended,
regardless of whether or not the person has other driving privileges
granted by this state.
(2) Affirmative defenses to the offense described in this section
are established under ORS 811.180.
(3) The offense described in this section is applicable upon any
premises open to the public.
(4) The offense described in this section, violation driving while
suspended or revoked, is a Class A traffic violation except as otherwise
provided in ORS 811.182. [1983 c.338 §598; 1985 c.16 §304; 1987 c.730 §1;
1987 c.801 §9; 1989 c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999
c.1051 §90] The following establishes affirmative
defenses in prosecutions for driving while suspended or revoked in
violation of ORS 811.175 or 811.182 and describes when the affirmative
defenses are not available:
(1) In addition to other defenses provided by law, including but
not limited to ORS 161.200, it is an affirmative defense to the offenses
described in ORS 811.175 and 811.182 that:
(a) An injury or immediate threat of injury to a human being or
animal, and the urgency of the circumstances made it necessary for the
defendant to drive a motor vehicle at the time and place in question; or
(b) The defendant had not received notice of the defendant’s
suspension or revocation or been informed of the suspension or revocation
by a trial judge who ordered a suspension or revocation of the
defendant’s driving privileges or right to apply.
(2) The affirmative defenses described in subsection (1)(b) of this
section are not available to a defendant under the circumstances
described in this subsection. Any of the evidence specified in this
subsection may be offered in the prosecution’s case in chief. This
subsection applies if any of the following circumstances exist:
(a) The defendant refused to sign a receipt for the certified mail
containing the notice of suspension or revocation.
(b) The notice of suspension or revocation could not be delivered
to the defendant because the defendant failed to comply with the
requirements under ORS 807.560 to notify the Department of Transportation
of a change of address or residence.
(c) At a previous court appearance, the defendant had been informed
by a trial judge that the judge was ordering a suspension or revocation
of the defendant’s driving privileges or right to apply.
(d) The defendant had actual knowledge of the suspension or
revocation by any means prior to the time the defendant was stopped on
the current charge.
(e) The defendant was provided with notice of intent to suspend
under ORS 813.100. [1983 c.338 §599; 1985 c.16 §305; 1985 c.672 §18; 1985
c.744 §1; 1987 c.138 §2; 1987 c.158 §168; 1987 c.730 §20; 1987 c.801 §10;
1997 c.249 §229] (1)
A person commits the offense of criminal driving while suspended or
revoked if the person violates ORS 811.175 and the suspension or
revocation is one described in this section, or if the hardship or
probationary permit violated is based upon a suspension or revocation
described in subsection (3) or (4) of this section.
(2) Affirmative defenses to the offense described in this section
are established under ORS 811.180.
(3) The crime is a Class B felony if the suspension or revocation
resulted from any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor vehicle or if
the revocation resulted from a conviction for felony driving while under
the influence of intoxicants.
(4) The crime is a Class A misdemeanor if the suspension or
revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from commission by
the driver of any degree of recklessly endangering another person,
menacing or criminal mischief, resulting from the operation of a motor
vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury or
the making of a false affidavit to the Department of Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to take a
test prescribed in ORS 813.100 or for taking a breath or blood test the
result of which discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not driving a
commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license under ORS 809.413
(1) resulting from failure to perform the duties of a driver under ORS
811.700 while driving a commercial motor vehicle.
(e) A suspension of a commercial driver license under ORS 809.413
(12) where the person’s commercial driving privileges have been suspended
or revoked by the other jurisdiction for failure of or refusal to take a
chemical test to determine the alcoholic content of the person’s blood
under a statute that is substantially similar to ORS 813.100.
(f) A suspension of a commercial driver license under ORS 809.404.
(g) A revocation resulting from habitual offender status under ORS
809.640.
(h) A suspension resulting from any crime punishable as a felony
with proof of a material element involving the operation of a motor
vehicle, other than a crime described in subsection (3) of this section.
(i) A suspension for failure to perform the duties of a driver
under ORS 811.705.
(j) A suspension for reckless driving under ORS 811.140.
(k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
(L) A suspension or revocation resulting from misdemeanor driving
while under the influence of intoxicants under ORS 813.010.
(m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and the
underlying suspension resulted from driving while under the influence of
intoxicants, the court shall impose a fine of at least $1,000 if it is
the person’s first conviction for criminal driving while suspended or
revoked and at least $2,000 if it is the person’s second or subsequent
conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category 6 of the
rules of the Oregon Criminal Justice Commission. [1987 c.730 §§3,3a; 1989
c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2;
1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346
§3; 2003 c.402 §37; 2005 c.649 §19]DRIVER OFFENSES INVOLVING PASSENGERS (1) A person
commits the offense of driver operation with obstructing passenger if the
person is operating a vehicle when another person is in the operator’s
lap or in the operator’s embrace.
(2) The offense described in this section, driver operation with
obstructing passenger, is a Class D traffic violation. [1983 c.338 §601;
1995 c.383 §50] (1) A person commits
the offense of having a passenger in a trailer if the person operates a
vehicle on a highway while towing any type of trailer that contains a
passenger.
(2) This section does not apply if the person is operating any of
the following vehicles:
(a) A commercial bus trailer.
(b) An independently steered trailer.
(c) A trailer towed with a fifth wheel hitch if the trailer is
equipped with all of the following:
(A) Safety glazing materials that meet the standards established
under ORS 815.040 wherever there are windows or doors with windows on the
vehicle.
(B) An auditory or visual signaling device that a passenger inside
the vehicle can use to gain the attention of the motor vehicle driver
towing the vehicle.
(C) At least one unobstructed exit capable of being opened from
both the interior and exterior of the vehicle.
(3) The offense described in this section, passenger in trailer, is
a Class D traffic violation. [1983 c.338 §602; 1985 c.16 §307; 1995 c.383
§51; 2003 c.158 §7] (1) A
person commits the offense of carrying a dog on the external part of a
vehicle if the person carries a dog upon the hood, fender, running board
or other external part of any automobile or truck that is upon a highway
unless the dog is protected by framework, carrier or other device
sufficient to keep it from falling from the vehicle.
(2) The offense described in this section, carrying dog on external
part of vehicle, is a Class D traffic violation. [1983 c.338 §603; 1995
c.383 §52] (1) A
person commits the offense of carrying a minor on an external part of a
motor vehicle if the person carries any person under 18 years of age upon
the hood, fender, running board or other external part of any motor
vehicle that is upon a highway.
(2) For purposes of this section, the open bed of a motor vehicle
is an external part of a motor vehicle.
(3) A person does not commit the offense described in this section
if the person:
(a) Is carrying a minor in the open bed of a motor vehicle and the
minor is secured with a safety belt or safety harness that complies with
rules adopted under ORS 815.055;
(b) Is operating the motor vehicle in an organized parade; or
(c) Is carrying a minor who is seated on the floor of the open bed
of a motor vehicle in which all available passenger seats are occupied by
minors, the tailgate is securely closed and the minor is being
transported:
(A) In the course and scope of employment, provided that the minor
is transported in compliance with law and rules regulating the transport
of workers; or
(B)(i) Between a hunting camp and a hunting site or between hunting
sites during hunting season; and
(ii) The minor has a hunting license.
(4) The offense described in this section, carrying a minor on an
external part of a motor vehicle, is a Class B traffic violation. [1983
c.338 §604; 1995 c.383 §53; 2003 c.107 §1] (1) A person commits
the offense of failure to use safety belts if the person:
(a) Operates a motor vehicle on the highways of this state and is
not properly secured with a safety belt or safety harness as required by
subsection (2) of this section;
(b) Operates a motor vehicle on the highways of this state with a
passenger who is under 16 years of age and the passenger is not properly
secured with a child safety system, safety belt, or safety harness as
required by subsection (2) of this section;
(c) Is a passenger in a privately owned commercial vehicle, as
defined in ORS 801.210, that is designed and used for the transportation
of 15 or fewer persons, including the driver, and the person is 16 years
of age or older and is responsible for another passenger who is not
properly secured with a child safety system as required under subsection
(2)(a) or (b) of this section; or
(d) Is a passenger in a motor vehicle on the highways of this state
who is 16 years of age or older and who is not properly secured with a
safety belt or safety harness as required by subsection (2) of this
section.
(2) To comply with this section:
(a) A person who is under four years of age and weighs 40 pounds or
less must be properly secured with a child safety system that meets the
minimum standards and specifications established by the Department of
Transportation under ORS 815.055 for child safety systems designed for
children weighing 40 pounds or less;
(b) Except as provided in subsection (3) of this section, a person
who is at least four years of age and under six years of age or weighs
between 40 and 60 pounds must be properly secured with a child safety
system that elevates the person so that a safety belt or safety harness
properly fits the person. “Proper fit” means the lap belt of the safety
belt or safety harness is positioned low across the thighs and the
shoulder belt is positioned over the collarbone and away from the neck.
The child safety system shall meet the minimum standards and
specifications established by the Department of Transportation under ORS
815.055 for child safety systems designed for children weighing between
40 and 60 pounds; or
(c) A person who is at least six years of age and weighs 60 pounds
or more must be properly secured with a safety belt or safety harness
that meets requirements under ORS 815.055.
(3) If the rear seat of a vehicle is not equipped with shoulder
belts, the requirements of subsection (2)(b) of this section do not apply
provided the person is secured by a lap belt.
(4) The offense described in this section, failure to use safety
belts, is a Class D traffic violation. [1985 c.16 §309; 1985 c.619 §1;
1991 c.2 §1; 1993 c.153 §1; 1993 c.751 §112; 2001 c.679 §1; 2003 c.159
§1; 2005 c.244 §2]ORS 811.210 does
not apply to:
(1) Privately owned commercial vehicles, as defined in ORS 801.210.
The exemption in this subsection does not apply to any of the following:
(a) Vehicles commonly known as pickup trucks that have a combined
weight of less than 10,000 pounds.
(b) Motor carriers, as defined in ORS 825.005, when operating in
interstate commerce.
(c) Vehicles designed and used for the transportation of 15 or
fewer persons, including the driver, except that the operator of a
vehicle described in this paragraph is not required to:
(A) Be properly secured with a safety belt or safety harness as
required by ORS 811.210 if the operator is a taxicab operator; or
(B) Ensure that a passenger is properly secured with a child safety
system as described in ORS 811.210 (2)(a) and (b).
(2) Any vehicle not required to be equipped with safety belts or
safety harnesses at the time the vehicle was manufactured, unless safety
belts or safety harnesses have been installed in the vehicle.
(3) Any vehicle exempted by ORS 815.080 from requirements to be
equipped upon sale with safety belts or safety harnesses.
(4) Any person for whom a certificate is issued by the Department
of Transportation under ORS 811.220.
(5) Any person who is a passenger in a vehicle if all seating
positions in the vehicle are occupied by other persons.
(6) Any person who is being transported while in the custody of a
police officer or any law enforcement agency.
(7) Any person who is delivering newspapers or mail in the regular
course of work.
(8) Any person who is riding in an ambulance for the purpose of
administering medical aid to another person in the ambulance, if being
secured by a safety belt or safety harness would substantially inhibit
the administration of medical aid.
(9) Any person who is reading utility meters in the regular course
of work.
(10) Any person who is employed to operate a vehicle owned by a
mass transit district while the vehicle is being used for the
transportation of passengers in the public transportation system of the
district.
(11) Any person who is collecting solid waste or recyclable
materials in the regular course of work. [1985 c.619 §3; 1987 c.138 §3;
1991 c.2 §2; 1997 c.509 §3; 1999 c.1057 §4; 2003 c.589 §5; 2005 c.244 §1;
2005 c.770 §8] The
Director of Transportation shall issue a certificate of exemption
required under ORS 811.215 for any person on whose behalf a statement
signed by a physician is presented to the Department of Transportation.
For a physician’s statement to qualify under this section, the physician
giving the statement must set forth reasons in the statement why use of a
child safety system, safety belt or safety harness by the person would be
impractical or harmful to the person by reason of physical condition,
medical problem or body size. [1985 c.16 §310; 1985 c.619 §4; 1991 c.2
§3; 1995 c.79 §372; 2001 c.104 §306]
(1) The registered owner of a motor vehicle commits the offense of
failure of an owner to maintain safety belts in working order if:
(a) The vehicle is equipped with safety belts or safety harnesses
that meet the standards established under ORS 815.055; and
(b) The owner fails to maintain the safety belts or safety
harnesses in a condition that will enable occupants of all seating
positions equipped with safety belts or safety harnesses to use the belts
or harnesses.
(2) The offense described in this section, failure of an owner to
maintain safety belts in working order, is a Class C traffic violation.
[1991 c.2 §5; 1995 c.383 §118; 2003 c.158 §10]HIGHWAY WORK ZONES(1) As used in ORS 811.230,
811.231, 811.232 and 811.233:
(a) “Flagger” means a person who controls the movement of vehicular
traffic through construction projects using sign, hand or flag signals.
(b) “Highway work zone” means an area identified by advance warning
where road construction, repair or maintenance work is being done by
highway workers on or adjacent to a highway, regardless of whether or not
highway workers are actually present. As used in this paragraph, “road
construction, repair or maintenance work” includes, but is not limited
to, the setting up and dismantling of advance warning systems.
(c) “Highway worker” means an employee of a government agency,
private contractor or utility company working in a highway work zone.
(2)(a) The base fine amount for a person charged with an offense
that is listed in subsection (3)(a) or (b) of this section and that is
committed in a highway work zone shall be the amount established under
ORS 153.125 to 153.145 based on the foundation amount calculated under
ORS 153.131. The minimum fine for a person convicted of an offense that
is listed in subsection (3)(a) or (b) of this section and that is
committed in a highway work zone is the base fine amount so calculated.
(b) The minimum fine for a person convicted of a misdemeanor
offense that is listed in subsection (3)(c) to (g) of this section and
that is committed in a highway work zone is 20 percent of the maximum
fine established for the offense.
(c) The minimum fine for a person convicted of a felony offense
that is listed in subsection (3)(c) to (g) of this section and that is
committed in a highway work zone is two percent of the maximum fine
established for the offense.
(3) This section applies to the following offenses if committed in
a highway work zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding a
legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as defined in
ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in ORS
811.182.
(g) Fleeing or attempting to elude a police officer, as defined in
ORS 811.540.
(4) A court shall not waive, reduce or suspend the base fine amount
or minimum fine required by this section.
(5) When a highway work zone is created, the agency, contractor or
company responsible for the work may post signs designed to give
motorists notice of the provisions of this section. [1995 c.253 §2; 1997
c.843 §3; 1999 c.1051 §292] (1) A
person commits the offense of reckless endangerment of highway workers if
the person drives a motor vehicle in a highway work zone in such a manner
as to endanger persons or property or if the person removes, evades or
intentionally strikes a traffic control device in a highway work zone.
(2) Reckless endangerment of highway workers is a Class A
misdemeanor. In addition to any other penalty, a person convicted of
reckless endangerment of highway workers is subject to suspension of
driving privileges as provided in ORS 809.411 (6). [1995 c.253 §3; 1997
c.83 §4; 2001 c.176 §7; 2003 c.402 §38] (1) A person commits the
offense of refusing to obey a flagger if the person intentionally and
unreasonably disobeys a lawful order by a flagger relating to driving a
motor vehicle in a highway work zone.
(2) Refusing to obey a flagger is a Class A traffic violation.
[1995 c.253 §4]
(1) A person commits the offense of failure to yield the right of way to
a highway worker who is a pedestrian if the person is operating a motor
vehicle in a highway work zone and does not yield the right of way to a
highway worker who is a pedestrian.
(2) The provisions of ORS 814.040 and 814.070 regarding pedestrians
do not apply to pedestrians described in subsection (1) of this section.
(3) The offense described in this section, failure to yield the
right of way to a highway worker who is a pedestrian, is a Class B
traffic violation. [1997 c.843 §2]SCHOOL ZONE PENALTIES (1)(a) If signs
authorized by ORS 810.245 are posted, the base fine amount for a person
charged with an offense that is listed in subsection (2)(a) or (b) of
this section and that is committed in a school zone shall be the amount
established under ORS 153.125 to 153.145 based on the foundation amount
calculated under ORS 153.131. The minimum fine for a person convicted of
an offense that is listed in subsection (2)(a) or (b) of this section and
that is committed in a school zone is the base fine amount so calculated.
(b) If signs authorized by ORS 810.245 are posted, the minimum fine
for a person convicted of a misdemeanor offense that is listed in
subsection (2)(c) to (g) of this section and that is committed in a
school zone is 20 percent of the maximum fine established for the offense.
(c) If signs authorized by ORS 810.245 are posted, the minimum fine
for a person convicted of a felony offense that is listed in subsection
(2)(c) to (g) of this section and that is committed in a school zone is
two percent of the maximum fine established for the offense.
(2) This section applies to the following offenses if committed in
a school zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding a
legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as defined in
ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in ORS
811.182.
(g) Fleeing or attempting to elude a police officer, as defined in
ORS 811.540.
(3) A court shall not waive, reduce or suspend the base fine amount
or minimum fine required by this section.
(4) For purposes of this section, a traffic offense occurs in a
school zone if the offense occurs while the motor vehicle is in a school
zone, notice of the school zone is indicated plainly by traffic control
devices conforming to the requirements established under ORS 810.200 and
posted under authority granted by ORS 810.210 and:
(a) Children are present as described in ORS 811.124; or
(b) A flashing light used as a traffic control device and operated
under ORS 811.106 indicates that children may be arriving at or leaving
school. [1997 c.682 §3; 1999 c.1051 §293; 2003 c.397 §9]SAFETY CORRIDORSNote: Sections 5 and 6, chapter 1071, Oregon Laws 1999, provide:
Sec. 5. (1) In order to determine the effect of increasing fines in
safety corridors, the Department of Transportation shall post signs in
safety corridors chosen by the department indicating that fines for
traffic offenses committed in those safety corridors will be doubled.
(2)(a) The base fine amount for a person charged with an offense
that is listed in subsection (3)(a) or (b) of this section and that is
committed in a safety corridor chosen by the department under subsection
(1) of this section shall be the amount established under ORS 153.125 to
153.145, based on the foundation amount calculated under ORS 153.131. The
minimum fine for a person convicted of an offense that is listed in
subsection (3)(a) or (b) of this section and that is committed in a
safety corridor is the base fine amount so calculated.
(b) The minimum fine for a person convicted of a misdemeanor
offense that is listed in subsection (3)(c) to (g) of this section and
that is committed in a safety corridor is 20 percent of the maximum fine
established for the offense.
(c) The minimum fine for a person convicted of a felony offense
that is listed in subsection (3)(c) to (g) of this section and that is
committed in a safety corridor is two percent of the maximum fine
established for the offense.
(3) This section applies to the following offenses if committed in
the designated safety corridors:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding a
legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as defined in
ORS 813.010.
(e) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in ORS
811.182.
(g) Fleeing or attempting to elude a police officer, as defined in
ORS 811.540.
(4) A court may not waive, reduce or suspend the base fine amount
or minimum fine required by this section. [1999 c.1071 §5; 1999 c.1071
§5a; 2001 c.421 §1; 2003 c.100 §3]
Sec. 6. Section 5, chapter 1071, Oregon Laws 1999, is repealed on
GENERAL DRIVING RULES Any
out-of-state registered vehicle is subject to all laws, rules and
regulations governing the operation of such vehicles on the highways of
this state. [1983 c.338 §606; 1985 c.401 §15] (1) A
person who is an owner, lessor or lessee of a motor vehicle or who
employs or otherwise directs the driver of a motor vehicle, commits the
offense of permitting the unlawful operation of a vehicle if the person
knowingly permits or requires the operation of the vehicle in violation
of any of the following:
(a) The rules of the road.
(b) The laws governing equipment of motor vehicles.
(c) The laws governing weight of motor vehicles.
(d) The laws governing operator driving privileges.
(e) The laws governing registration or titling of vehicles.
(2) The offense described in this section, permitting unlawful
operation of a vehicle, is a Class B traffic violation. [1983 c.338 §607](Traffic Control Devices)
This section establishes appropriate driver responses to specific traffic
control devices for purposes of ORS 811.265. Authority to place traffic
control devices is established under ORS 810.210. Except when acting
under the direction of a police officer that contradicts this section, a
driver is in violation of ORS 811.265 if the driver makes a response to
traffic control devices that is not permitted under the following:
(1) Green signal. A driver facing a green light may proceed
straight through or turn right or left unless a sign at that place
prohibits either turn. A driver shall yield the right of way to other
vehicles within the intersection at the time the green light is shown.
(2) Green arrow. A driver facing a green arrow signal light, shown
alone or in combination with another signal, may cautiously enter the
intersection only to make the movement indicated by such arrow or such
other movement as is permitted by other signals shown at the same time.
(3) Steady circular yellow signal. A driver facing a steady
circular yellow signal light is thereby warned that the related right of
way is being terminated and that a red or flashing red light will be
shown immediately. A driver facing the light shall stop at a clearly
marked stop line, but if none, shall stop before entering the marked
crosswalk on the near side of the intersection, or if there is no marked
crosswalk, then before entering the intersection. If a driver cannot stop
in safety, the driver may drive cautiously through the intersection.
(4) Steady yellow arrow signal. A driver facing a steady yellow
arrow signal, alone or in combination with other signal indications, is
thereby warned that the related right of way is being terminated. Unless
entering the intersection to make a movement permitted by another signal,
a driver facing a steady yellow arrow signal shall stop at a clearly
marked stop line, but if none, shall stop before entering the marked
crosswalk on the near side of the intersection, or if there is no marked
crosswalk, then before entering the intersection. If a driver cannot stop
in safety, the driver may drive cautiously through the intersection.
(5) Steady circular red signal. A driver facing a steady circular
red signal light alone shall stop at a clearly marked stop line, but if
none, before entering the marked crosswalk on the near side of the
intersection, or if there is no marked crosswalk, then before entering
the intersection. The driver shall remain stopped until a green light is
shown except when the driver is permitted to make a turn under ORS
811.360.
(6) Steady red arrow signal. A driver facing a steady red arrow
signal, alone or in combination with other signal indications, may not
enter the intersection to make the movement indicated by the red arrow
signal. Unless entering the intersection to make some other movement
which is permitted by another signal, a driver facing a steady red arrow
signal shall stop at a clearly marked stop line, but if none, before
entering the marked crosswalk on the near side of the intersection, or if
there is no marked crosswalk, then before entering the intersection. The
vehicle shall remain stopped until a green light is shown except when the
driver is permitted to make a turn under ORS 811.360.
(7) Traffic control devices at places other than intersections. If
a traffic control device that is a signal is erected and maintained at a
place other than an intersection, the provisions of this section relating
to signals shall be applicable. A required stop shall be made at a sign
or marking on the roadway indicating where the stop shall be made, but in
the absence of such sign or marking the stop shall be made at the signal.
(8) Flashing red signal. When a driver approaches a flashing red
light used in a traffic control device or with a traffic sign, the driver
shall stop at a clearly marked stop line, but if none, before entering
the marked crosswalk on the near side of the intersection, or if there is
no marked crosswalk, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the intersecting
roadway before entering it. The right to proceed shall be subject to the
rules applicable after making a stop at a stop sign. This subsection does
not apply at railroad grade crossings. Conduct of a driver approaching a
railroad grade crossing is governed by ORS 811.455.
(9) Flashing yellow signal. When a driver approaches a flashing
yellow light used as a signal in a traffic control device or with a
traffic sign, the driver may proceed through the intersection or past the
signal only with caution. This subsection does not apply at railroad
grade crossings. Conduct of a driver approaching a railroad grade
crossing is governed by ORS 811.455.
(10) Lane direction control signals. When lane direction control
signals are placed over the individual lanes of a highway, a person may
drive a vehicle in any lane over which a green signal light is shown, but
may not enter or travel in any lane over which a red signal light is
shown.
(11) Stop signs. A driver approaching a stop sign shall stop at a
clearly marked stop line, but if none, before entering the marked
crosswalk on the near side of the intersection or, if there is no marked
crosswalk, then at the point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway
before entering it. After stopping, the driver shall yield the right of
way to any vehicle in the intersection or approaching so closely as to
constitute an immediate hazard during the time when the driver is moving
across or within the intersection.
(12) Yield signs. A driver approaching a yield sign shall slow the
driver’s vehicle to a speed reasonable for the existing conditions and if
necessary for safety, shall stop at a line as required for stop signs
under this section, and shall yield the right of way to any vehicles in
the intersection or approaching so closely as to constitute an immediate
hazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6; 2003 c.278 §6] (1) A
person commits the offense of driver failure to obey traffic control
device if the person drives a vehicle and the person does any of the
following:
(a) Fails to obey the directions of any traffic control device.
(b) Fails to obey any specific traffic control device described in
ORS 811.260 in the manner required by that section.
(2) A person is not subject to this section if the person is doing
any of the following:
(a) Following the directions of a police officer.
(b) Driving an emergency vehicle or ambulance in accordance with
the privileges granted those vehicles under ORS 820.300.
(c) Properly executing a turn on a red light as authorized under
ORS 811.360.
(d) Driving in a funeral procession led by a funeral lead vehicle
or under the direction of the driver of a funeral escort vehicle.
(3) The offense described in this section, driver failure to obey a
traffic control device, is a Class B traffic violation. [1983 c.338 §608;
1991 c.482 §13] (1) A person
commits the offense of failure to obey a one-way designation if the
person is operating a vehicle and the person proceeds upon a roadway
designated for one-way traffic in a direction other than that indicated
by a traffic control device.
(2) The offense described in this section, failure to obey a
one-way designation, is a Class B traffic violation. [1983 c.338 §610](Right of Way)(1) A person commits the offense of failure to yield the right
of way at an uncontrolled intersection if the person is operating a motor
vehicle that is approaching an uncontrolled highway intersection and the
person does not look out for and give right of way to any driver on the
right simultaneously approaching a given point, regardless of which
driver first reaches and enters the intersection.
(2) This section is subject to the described provisions of the
following sections:
(a) The provisions of ORS 811.260, relating to stop signs and yield
signs.
(b) The provisions of ORS 811.285, relating to the requirements to
yield the right of way upon entering a freeway or other arterial highway.
(c) The provisions of ORS 811.277, relating to the right of way at
an uncontrolled T intersection.
(3) A person entering an intersection at an unlawful speed shall
forfeit any right of way the person would otherwise have under subsection
(1) of this section.
(4) The offense described in this section, failure to yield right
of way at an uncontrolled intersection, is a Class B traffic violation.
[1983 c.338 §611; 1985 c.16 §311; 1987 c.138 §4; 2003 c.183 §3](1) A person commits the offense of failure to
yield the right of way at an uncontrolled T intersection if the person is
operating a motor vehicle on a highway that ends at an uncontrolled T
intersection and the person does not yield the right of way to any driver
who is on the highway at the top of the T intersection.
(2) As used in this section and ORS 811.275:
(a) “T intersection” means an intersection at which one highway is
perpendicular to another and at which one of the highways ends.
(b) “Top of the T intersection” means the highway that does not end
at the junction of two highways.
(3) The offense described in this section, failure to yield the
right of way at an uncontrolled T intersection, is a Class B traffic
violation. [2003 c.183 §2](1) A person commits the offense of failure of a driver entering
a roadway to yield the right of way if the person:
(a) Is operating a vehicle that is about to enter or cross a
roadway from any private road, driveway, alley or place other than
another roadway; and
(b) Does not yield the right of way to any vehicle approaching on
the roadway to be entered or crossed so closely as to constitute an
immediate hazard.
(2) This section does not apply where the movement of traffic is
otherwise directed by a traffic control device or a driver of a funeral
escort vehicle.
(3) The offense described in this section, failure of driver
entering roadway to yield right of way, is a Class B traffic violation.
[1983 c.338 §612; 1991 c.482 §14; 1995 c.383 §54]
(1) A person commits the offense of failure of a merging driver to yield
the right of way if the person is operating a vehicle that is entering a
freeway or other arterial highway where an acceleration or merging lane
is provided for the operator’s use and the operator does not look out for
and give right of way to vehicles on the freeway or other arterial
highway.
(2) The offense described in this section, failure of a merging
driver to yield the right of way, is a Class B traffic violation. [1983
c.338 §613; 1995 c.383 §55] (1) A person commits
the offense of obstructing cross traffic if the person is operating a
vehicle and the person enters an intersection or a marked crosswalk when
there is not sufficient space on the other side of the intersection or
crosswalk to accommodate the vehicle without obstructing the passage of
other vehicles or pedestrians.
(2) The offense described in this section applies whether or not a
traffic control device indicates to proceed.
(3) The offense described in this section, obstructing cross
traffic, is a Class D traffic violation. [1983 c.338 §614; 1995 c.383 §56](1) A person commits the offense of failure to yield right of
way within a roundabout if the person operates a motor vehicle upon a
multilane circulatory roadway and does not yield the right of way to a
second vehicle lawfully exiting the roundabout from a position ahead and
to the left of the person’s vehicle.
(2) This section does not apply if a traffic control device
indicates that the operator of a motor vehicle should take other action.
(3) The offense described in this section, failure to yield right
of way within a roundabout, is a Class C traffic violation. [2001 c.464
§5]Note: 811.292 was added to and made a part of the Oregon Vehicle
Code by legislative action but was not added to ORS chapter 811 or any
series therein. See Preface to Oregon Revised Statutes for further
explanation.(Driving on the Right) (1) A
person commits the offense of failure to drive on the right if the person
is operating a vehicle on a roadway of sufficient width and the person
does not drive on the right half of the roadway.
(2) A person is not required to drive on the right side of the
roadway by this section under any of the following circumstances:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing this movement in ORS 811.410 to
811.425 or 811.808.
(b) When preparing to turn left in an intersection, alley or
private road or driveway.
(c) When an obstruction or condition exists making it necessary to
drive to the left of the center of the roadway, provided that a driver
doing so shall yield the right of way to all vehicles traveling in the
proper direction upon the unobstructed portion of the roadway within a
distance as to constitute an immediate hazard.
(d) Upon a roadway divided into three marked lanes for traffic
under the rules applicable on the roadway under ORS 811.380.
(e) Upon a roadway restricted to one-way traffic.
(3) The offense described in this section, failure to drive on the
right, is a Class B traffic violation. [1983 c.338 §615; 1991 c.482 §15](1) A person commits the offense of failure to drive
on the right of an approaching vehicle if the person is operating a
vehicle upon a roadway having width for not more than one lane of traffic
in each direction and the person does not:
(a) Pass to the right of any other vehicle proceeding on the
roadway in the opposite direction; and
(b) Give to the other at least one-half of the main traveled
portion of the roadway as nearly as possible.
(2) This section does not apply to a person operating a vehicle as
otherwise directed by a traffic control device.
(3) The offense described in this section, failure to drive on the
right of an approaching vehicle, is a Class B traffic violation. [1983
c.338 §616](1) A person commits the offense of
driving on the left on a curve or grade or at an intersection or rail
crossing if the person is operating a vehicle upon any two-way roadway
where traffic is permitted to move in both directions simultaneously and
the person drives on the left side of the center of the roadway:
(a) Upon any part of a grade or upon a curve in the roadway where
the driver’s view is obstructed for such a distance as to create a hazard
in the event another vehicle might approach from the opposite direction;
(b) When approaching an intersection or railroad grade crossing
where the driver’s view is obstructed for such a distance as to create a
hazard in the event another vehicle might approach from the opposite
direction; or
(c) At any intersection or railroad grade crossing.
(2) This section does not prohibit a person from driving on the
left side of the center of a roadway under the following circumstances:
(a) When the right half of the roadway is obstructed or closed to
traffic while under construction or repair; or
(b) When a driver makes a lawful left turn.
(3) The offense described in this section, driving on the left on a
curve or grade or at an intersection or rail crossing, is a Class B
traffic violation. [1983 c.338 §617](1) A person commits the offense of crossing the
center line on a two-way, four-lane road if the person is operating a
vehicle on a two-way roadway that has four or more lanes for moving
traffic and the person drives to the left of the center line of the
roadway.
(2) A person is not prohibited from driving to the left of the
center line of a roadway by this section under the following
circumstances:
(a) When authorized by a traffic control device designating certain
lanes to the left side of the center of the roadway for use by traffic.
(b) When an obstruction or condition exists making it necessary to
drive to the left of the center of the roadway, provided that a driver
doing so shall yield the right of way to all vehicles traveling in the
proper direction upon the unobstructed portion of the roadway within a
distance as to constitute an immediate hazard.
(c) When making a left turn at an intersection, alley or private
road or driveway.
(3) The offense described in this section, crossing the center line
on a two-way, four-lane road, is a Class B traffic violation. [1983 c.338
§618](1) A person commits the offense of failure of a slow driver to
drive on the right if the person is operating a vehicle upon a roadway at
less than the normal speed of traffic at the time and place and under the
conditions then existing and the person fails to drive:
(a) In the right-hand lane available for traffic; or
(b) As close as practicable to the right-hand curb or edge of the
roadway.
(2) This section does not apply under any of the following
circumstances:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing passing in ORS 811.410 to
811.425.
(b) When preparing to turn left at an intersection, alley or
private road or driveway.
(3) The offense described in this section, failure of slow driver
to drive on the right, is a Class B traffic violation. [1983 c.338 §619;
1995 c.383 §57](1) A person commits the offense of failure to drive to the
right on a divided highway if the person is operating a vehicle upon a
highway divided into two or more roadways by means of an intervening
space or by a physical barrier or clearly indicated dividing section so
constructed as to impede vehicular traffic and the person does not drive
only upon the right-hand roadway.
(2) This section does not apply if a person is operating a vehicle
in accordance with traffic control devices or the directions of a police
officer that differ from the requirements of this section.
(3) The offense described in this section, failure to drive to the
right on a divided highway, is a Class B traffic violation. [1983 c.338
§620](1) A person commits the offense of failure to keep
a camper, trailer or truck in the right lane if the person is operating
any of the vehicles described in this subsection and the person does not
drive in the right lane of all roadways having two or more lanes for
traffic proceeding in a single direction. This subsection applies to all
of the following vehicles:
(a) Any camper.
(b) Any vehicle with a trailer.
(c) Any vehicle with a registration weight of 10,000 pounds or more.
(2) This section does not require the described vehicles to be
driven in the right lane under any of the following circumstances:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing this movement in ORS 811.410 to
811.425 when such movement can be made without interfering with the
passage of other vehicles.
(b) When preparing to turn left.
(c) When reasonably necessary in response to emergency conditions.
(d) To avoid actual or potential traffic moving onto the right lane
from an acceleration or merging lane.
(e) When necessary to follow traffic control devices that direct
use of a lane other than the right lane.
(3) The offense described in this section, failure to keep camper,
trailer or truck in the right lane, is a Class B traffic violation. [1983
c.338 §621; 1989 c.723 §18; 1995 c.383 §58; 2005 c.770 §7] (1) A
person commits the offense of driving the wrong way around a traffic
island if the person is operating a vehicle and the person drives the
vehicle around a rotary traffic island in any direction except to the
right of the island.
(2) The offense described in this section, driving the wrong way
around a traffic island, is a Class B traffic violation. [1983 c.338 §622](Turning) (1) A person commits
the offense of making an unlawful or unsignaled turn if the person is
operating a vehicle upon a highway and the person turns the vehicle right
or left when:
(a) The movement cannot be made with reasonable safety; or
(b) The person fails to give an appropriate signal continuously
during not less than the last 100 feet traveled by the vehicle before
turning.
(2) Appropriate signals for use while turning are as designated
under ORS 811.395 and 811.400.
(3) The offense described in this section, making an unlawful or
unsignaled turn, is a Class D traffic violation. [1983 c.338 §623; 1995
c.383 §59] (1) A person
commits the offense of making an improperly executed left turn if the
person operates a vehicle and is intending to turn the vehicle to the
left and the person does not:
(a) Approach the turn in the extreme left-hand lane lawfully
available to traffic moving in the direction of travel of the turning
vehicle;
(b) Make the left turn to the left of the center of the
intersection whenever practicable; and
(c) Except as otherwise allowed by ORS 811.346, leave the
intersection or other location in the extreme left-hand lane lawfully
available to traffic moving in the same direction as such vehicle on the
roadway being entered.
(2) The offense described in this section, improperly executing a
left turn, is a Class B traffic violation. [1983 c.338 §624; 1985 c.16
§312; 1995 c.383 §60; 1997 c.468 §3] (1) A
person commits the offense of failure to use a special left turn lane if
the person is operating a vehicle where a special lane for making left
turns by drivers proceeding in opposite directions has been indicated by
traffic control devices and the person turns the vehicle left from any
other lane.
(2) The offense described in this section, failure to use special
left turn lane, is a Class B traffic violation. [1983 c.338 §625; 1995
c.383 §61] (1) A person
commits the offense of misuse of a special left turn lane if the person
uses a special left turn lane for anything other than making a left turn
either into or from the special left turn lane.
(2) A person who turns into a special left turn lane from an alley,
driveway or other entrance to the highway that has the special left turn
lane is in violation of this section if the person does anything other
than stop in the lane and merge into traffic in the lane immediately to
the right of the person’s vehicle.
(3) As used in ORS 811.345 and this section, a “special left turn
lane” is a median lane that is marked for left turns by drivers
proceeding in opposite directions.
(4) The offense described in this section, misuse of a special left
turn lane, is a Class B traffic violation. [1997 c.468 §2] (1) A person commits the
offense of making a dangerous left turn if the person:
(a) Is operating a vehicle;
(b) Intends to turn the vehicle to the left within an intersection
or into an alley, private road, driveway or place from a highway; and
(c) Does not yield the right of way to a vehicle approaching from
the opposite direction that is within the intersection or so close as to
constitute an immediate hazard.
(2) The offense described in this section, dangerous left turn, is
a Class B traffic violation. [1983 c.338 §626; 1985 c.16 §313] (1) A person
commits the offense of making an improperly executed right turn if the
person is operating a vehicle, is intending to turn the vehicle to the
right and does not proceed as close as practicable to the right-hand curb
or edge of the roadway:
(a) In making the approach for a right turn; and
(b) In making the right turn.
(2) The offense described in this section, improperly executed
right turn, is a Class B traffic violation. [1983 c.338 §627; 1995 c.383
§62](1) The driver of a vehicle, subject to this
section, who is intending to turn at an intersection where there is a
traffic control device showing a steady circular red signal or a steady
red arrow signal may do any of the following without violating ORS
811.260 and 811.265:
(a) Make a right turn into a two-way street.
(b) Make a right or left turn into a one-way street in the
direction of traffic upon the one-way street.
(2) A person commits the offense of improper turn at a stop light
if the person does any of the following while making a turn described in
this section:
(a) Fails to stop at the light as required.
(b) Fails to exercise care to avoid an accident.
(c) Disobeys the directions of a traffic control device or a police
officer that prohibits the turn.
(d) Fails to yield the right of way to traffic lawfully within the
intersection or approaching so close as to constitute an immediate hazard.
(3) A driver who is making a turn described in this section is also
subject to the requirements under ORS 811.028 to stop for a pedestrian
while making the turn.
(4) The offense described in this section, improper turn at a stop
light, is a Class B traffic violation. [1983 c.338 §628; 1997 c.507 §7;
2003 c.278 §7; 2005 c.746 §3] (1) A person commits the offense
of making an illegal U-turn if the person is operating a vehicle and the
person turns the vehicle so as to proceed in the opposite direction in
any of the following places:
(a) Within an intersection where traffic is controlled by an
electrical signal. This paragraph does not apply where posted otherwise.
(b) Upon a highway within the limits of an incorporated city
between intersections.
(c) At any place upon a highway where the vehicle cannot be seen by
another driver approaching from either direction within a distance of:
(A) 500 feet within the incorporated limits of a city; or
(B) 1,000 feet outside a city.
(2) The offense described in this section, illegal U-turn, is a
Class C traffic violation unless commission of the offense contributes to
an accident. If commission of the offense contributes to an accident, the
offense is a Class B traffic violation. [1983 c.338 §629; 1995 c.383 §63](Lane Use) (1) A person commits
the offense of failure to drive within a lane if the person is operating
a vehicle upon a roadway that is divided into two or more clearly marked
lanes for traffic and the driver does not:
(a) Operate the vehicle as nearly as practicable entirely within a
single lane; and
(b) Refrain from moving from that lane until the driver has first
made certain that the movement can be made with safety.
(2) The offense described in this section, failure to drive within
a lane, is a Class B traffic violation. [1983 c.338 §630] (1) A
person commits the offense of unlawful or unsignaled change of lanes if
the person is operating a vehicle upon a highway and the person changes
lanes by moving to the right or left upon the highway when:
(a) The movement cannot be made with reasonable safety; or
(b) The driver fails to give an appropriate signal continuously
during not less than the last 100 feet traveled by the vehicle before
changing lanes.
(2) Appropriate signals for use while changing lanes are as
designated under ORS 811.395 and 811.400.
(3) The offense described in this section, unlawful or unsignaled
change of lane, is a Class D traffic violation. [1983 c.338 §631; 1995
c.383 §64]
(1) A person commits the offense of improper use of the center lane on a
three-lane road if the person is operating a vehicle upon a roadway
divided into three clearly marked lanes for traffic with two-way movement
of traffic permitted on the roadway and the person operates the vehicle
in the center lane under any circumstances other than as permitted under
the following:
(a) The driver may drive in the center lane when the center lane is
allocated exclusively to traffic moving in the same direction that the
driver is proceeding by a traffic control device directing the lane
allocation.
(b) The driver may drive in the center lane when the driver is
overtaking and passing a vehicle proceeding in the same direction and the
center lane is clear of traffic within a safe distance.
(c) The driver may drive in the center lane when making a left turn.
(2) The offense described in this section, improper use of center
lane on three-lane road, is a Class B traffic violation. [1983 c.338 §632] (1) A
person commits the offense of depriving a motorcycle or moped of a full
lane if the person operates a motor vehicle upon a roadway laned for
traffic in a manner that prevents a moped operator or motorcyclist from
full use of a lane.
(2) This section does not apply to operators of motorcycles or
mopeds whose use of lanes is controlled by ORS 814.240 and 814.250.
(3) The offense described in this section, depriving a motorcycle
or moped of a full lane, is a Class B traffic violation. [1983 c.338 §685](Signaling) (1)
A person commits the offense of unlawful use of lights to signal for
passing if the person is operating a vehicle and the person flashes any
lights as a courtesy or “do pass” signal to other drivers approaching
from the rear.
(2) The offense described in this section, unlawful use of lights
to signal for passing, is a Class D traffic violation. [1983 c.338 §633;
1995 c.383 §65]This section establishes appropriate signals, for
purposes of the vehicle code, for use when signals are required while
stopping, turning, changing lanes or suddenly decelerating a vehicle.
This section does not authorize the use of only hand and arm signals when
the use of signal lights is required under ORS 811.405. Vehicle lighting
equipment described in this section is vehicle lighting equipment for
which standards are established under ORS 816.100 and 816.120.
Appropriate signals are as follows:
(1) To indicate a left turn either of the following:
(a) Hand and arm extended horizontally from the left side of the
vehicle.
(b) Activation of front and rear turn signal lights on the left
side of the vehicle.
(2) To indicate a right turn either of the following:
(a) Hand and arm extended upward from the left side of the vehicle.
A person who is operating a bicycle is not in violation of this paragraph
if the person signals a right turn by extending the person’s right hand
and arm horizontally.
(b) Activation of front and rear turn signal lights on the right
side of the vehicle.
(3) To indicate a stop or a decrease in speed either of the
following:
(a) Hand and arm extended downward from the left side of the
vehicle; or
(b) Activation of brake lights on the vehicle.
(4) Change of lane by activation of both front and rear turn signal
lights on the side of the vehicle toward which the change of lane is
made. [1983 c.338 §635; 1985 c.16 §314](1) A person commits the offense
of failure to use an appropriate signal for a turn, lane change or stop
or for an exit from a roundabout if the person does not make the
appropriate signal under ORS 811.395 by use of signal lamps or hand
signals and the person is operating a vehicle that is:
(a) Turning, changing lanes, stopping or suddenly decelerating; or
(b) Exiting from any position within a roundabout.
(2) This section does not authorize the use of only hand signals to
signal a turn, change of lane, stop or deceleration when the use of
signal lights is required under ORS 811.405.
(3) The offense described in this section, failure to use
appropriate signal for a turn, lane change or stop or for an exit from a
roundabout, is a Class B traffic violation. [1983 c.338 §634; 1995 c.383
§66; 2001 c.464 §6] (1) A
person commits the offense of failure to signal with lights when required
if a person is operating a vehicle and does not use the vehicle lighting
equipment described under ORS 811.395 to signal when turning, changing
lanes, stopping or suddenly decelerating under any of the following
circumstances:
(a) During limited visibility conditions.
(b) At any time the person is operating a vehicle or combination of
vehicles in which the distance from the center of the top of the steering
post to the left outside limit of the body, cab or load of the vehicle is
greater than 24 inches.
(c) At any time the person is operating a vehicle or combination of
vehicles in which the distance from the center of the top of the steering
post to the rear limit of the body or load is greater than 14 feet.
(2) This section does not require the driver of a moped or bicycle
that is not equipped with lighting equipment to use lighting equipment
when required by this section. A driver of such moped or bicycle shall
signal by means of appropriate hand and arm signals described under ORS
811.395 without violation of this section.
(3) The offense described in this section, failure to signal with
lights when required, is a Class D traffic violation. [1983 c.338 §636;
1985 c.16 §315; 1995 c.383 §67](Passing) (1) A person commits the
offense of unsafe passing on the left if the person violates any of the
following requirements concerning the overtaking and passing of vehicles:
(a) The driver of a vehicle that is overtaking any other vehicle
proceeding in the same direction shall pass to the left of the other
vehicle at a safe distance and shall not again drive to the right side of
the roadway until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted
under ORS 811.415, the driver of an overtaken vehicle shall give way to
the right in favor of an overtaking vehicle and shall not increase the
speed of the overtaken vehicle until completely passed by the overtaking
vehicle.
(c) The driver of a vehicle shall not drive to the left side of the
center of the roadway in overtaking and passing a vehicle proceeding in
the same direction unless the left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit the overtaking
and passing to be completed without interfering with the operation of a
vehicle approaching from the opposite direction or a vehicle overtaken.
(d) An overtaking vehicle shall return to an authorized lane of
traffic as soon as practicable.
(2) This section does not authorize driving on the left side of the
center of the road when prohibited under the following:
(a) Limitations on driving on the left of the center of a roadway
under ORS 811.305.
(b) Passing in a no passing zone under ORS 811.420.
(c) ORS 811.295, 811.300 and 811.310 to 811.325 that require
driving on the right.
(3) The offense described in this section, unsafe passing on the
left, is a Class B traffic violation. [1983 c.338 §637; 1987 c.158 §168a] (1) A person commits the
offense of unsafe passing on the right if the person:
(a) Drives a vehicle to overtake and pass upon the right of another
vehicle at any time not permitted under this section.
(b) Drives a vehicle to overtake and pass upon the right of another
vehicle at any time by driving off the paved portion of the highway.
(2) For purposes of this section, a person may drive a vehicle to
overtake and pass upon the right of another vehicle under any of the
following circumstances:
(a) Overtaking and passing upon the right is permitted if:
(A) The overtaken vehicle is making or the driver has signaled an
intention to make a left turn;
(B) The paved portion of the highway is of sufficient width to
allow two or more lanes of vehicles to proceed lawfully in the same
direction as the overtaking vehicle; and
(C) The roadway ahead of the overtaking vehicle is unobstructed for
a sufficient distance to permit passage by the overtaking vehicle to be
made in safety.
(b) Overtaking and passing upon the right is permitted if the
overtaken vehicle is proceeding along a roadway in the left lane of two
or more clearly marked lanes allocated exclusively to vehicular traffic
moving in the same direction as the overtaking driver.
(c) Overtaking and passing upon the right is permitted if the
overtaking vehicle is a bicycle that may safely make the passage under
the existing conditions.
(3) The offense described in this section, unsafe passing on the
right, is a Class B traffic violation. [1983 c.338 §638; 1987 c.158 §169;
2005 c.316 §1] (1) A
person commits the offense of passing in a no passing zone if the person
drives a vehicle on the left side of a roadway in a no passing zone that
has been established and designated to prohibit such movements by
appropriate signs or markings posted on the roadway.
(2) The authority to establish and post no passing zones for
purposes of this section is established under ORS 810.120.
(3) The provisions of this section do not apply under any of the
following circumstances:
(a) When a driver turns left into or from an alley, intersection,
private road or driveway.
(b) When an obstruction or condition exists making it necessary to
drive to the left of the center of the roadway provided that a driver
doing so shall yield the right of way to all vehicles traveling in the
proper direction upon the unobstructed portion of the roadway within a
distance that would constitute an immediate hazard.
(4) The offense described in this section, passing in a no passing
zone, is a Class B traffic violation. [1983 c.338 §639; 1985 c.16 §316](1) A person commits the offense of failure of a slower driver
to yield to overtaking vehicle if the person is driving a vehicle and the
person fails to move the person’s vehicle off the main traveled portion
of the highway into an area sufficient for safe turnout when:
(a) The driver of the overtaken vehicle is proceeding at a speed
less than a speed established in ORS 811.105 as prima facie evidence of
violation of the basic speed rule;
(b) The driver of the overtaking vehicle is proceeding at a speed
in conformity with ORS 811.105;
(c) The highway is a two directional, two-lane highway; and
(d) There is no clear lane for passing available to the driver of
the overtaking vehicle.
(2) This section does not apply to the driver of a vehicle in a
funeral procession.
(3) The offense described in this section, failure of a slower
driver to yield to overtaking vehicle, is a Class B traffic violation.
[1983 c.338 §640; 1991 c.482 §16; 1995 c.383 §68; 2001 c.104 §307; 2003
c.819 §15](Prohibited Places) (1) A
person commits the offense of driving on a highway divider if the person
drives a vehicle over, across or within a dividing space, barrier or
section that is an intervening space, physical barrier or clearly
indicated dividing section so constructed as to impede vehicular traffic
and that divides a highway into two or more roadways.
(2) This section does not apply when the movement of a vehicle that
is otherwise prohibited by this section is made:
(a) At an authorized crossover or intersection; or
(b) At the specific direction of a road authority.
(3) The offense described in this section, driving on a highway
divider, is a Class B traffic violation. [1983 c.338 §642](1) A person commits the offense of operation of a motor vehicle
on a bicycle trail if the person operates a motor vehicle upon a bicycle
lane or a bicycle path.
(2) Exemptions to this section are provided under ORS 811.440.
(3) This section is not applicable to mopeds. ORS 811.440 and
814.210 control the operation and use of mopeds on bicycle lanes and
paths.
(4) The offense described in this section, operation of a motor
vehicle on a bicycle trail, is a Class B traffic violation. [1983 c.338
§643] This
section provides exemptions from the prohibitions under ORS 811.435 and
814.210 against operating motor vehicles on bicycle lanes and paths. The
following vehicles are not subject to ORS 811.435 and 814.210 under the
circumstances described:
(1) A person may operate a moped on a bicycle lane that is
immediately adjacent to the roadway only while the moped is being
exclusively powered by human power.
(2) A person may operate a motor vehicle upon a bicycle lane when:
(a) Making a turn;
(b) Entering or leaving an alley, private road or driveway; or
(c) Required in the course of official duty.
(3) An implement of husbandry may momentarily cross into a bicycle
lane to permit other vehicles to overtake and pass the implement of
husbandry.
(4) A person may operate a motorized wheelchair on a bicycle lane
or path.
(5) A person may operate a motor assisted scooter on a bicycle lane
or path.
(6) A person may operate an electric personal assistive mobility
device on a bicycle lane or path. [1983 c.338 §645; 1991 c.417 §1; 2001
c.749 §24; 2003 c.341 §8] (1) A person
commits the offense of use of a throughway when prohibited if any use
restrictions or prohibitions are posted by appropriate signs giving
notice thereof and the person violates any restriction or prohibition so
posted.
(2) The authority to impose restrictions and prohibitions for
purposes of this section is granted under ORS 810.020.
(3) The offense described in this section, use of throughway when
prohibited, is a Class D traffic violation. [1983 c.338 §646; 1995 c.383
§69] (1) A
person commits the offense of violation of posted truck routes if
appropriate signs designating truck routes are posted and the person does
not operate a vehicle in compliance with the posted requirements.
(2) Authority to establish and change truck routes for purposes of
this section is established in ORS 810.040.
(3) It is a defense to a charge of violation of this section if the
person so charged can establish that the person could not reach the
person’s destination without traveling upon the street, road or highway
prohibited under the posted requirements.
(4) The offense described in this section, violation of posted
truck routes, is a Class B traffic violation. [1983 c.338 §647; 1985
c.393 §39; 1995 c.383 §70](Rail Crossings) (1) A person
commits the offense of failure to stop for a railroad signal if the
person fails to comply with any of the following requirements:
(a) A person who is driving a vehicle must stop the vehicle at a
clearly marked stop line on the near side of a railroad crossing or, if
there is no clearly marked stop line, not less than 15 feet nor more than
50 feet from the nearest rail of the crossing under any of the following
circumstances:
(A) When a clearly visible electric or mechanical signal is given
by a device that warns of the immediate approach of a railroad train.
(B) Upon the lowering of a crossing gate.
(C) When a signal given by a flagger or police officer indicates
the approach or passage of a railroad train.
(D) When an approaching train is clearly visible and because of its
nearness to the crossing is an immediate hazard.
(E) When an audible signal is given by an approaching railroad
train because its speed or nearness to the crossing is an immediate
hazard.
(b) A driver who has stopped for the passing of a train at a
railroad grade crossing in accordance with the provisions of this section
shall not proceed across the railroad tracks until the driver can do so
safely.
(c) A person shall not drive any vehicle through, around or under a
crossing gate or barrier at a railroad crossing while the gate or barrier
is closed or is being opened or closed.
(2) The offense described in this section, failure to stop for a
railroad signal, is a Class B traffic violation. [1983 c.338 §648; 1985
c.16 §317; 1995 c.383 §71; 1997 c.249 §232; 2001 c.492 §3](1) A person commits the offense of
failure to follow rail crossing procedures for high-risk vehicles if the
person takes any vehicle described in this section across any railroad or
rail fixed guideway system tracks at grade without doing all of the
following:
(a) Stopping the vehicle at a clearly marked stop line or, if there
is not a clearly marked stop line, not less than 15 feet nor more than 50
feet from the nearest rail of the railroad or rail fixed guideway system.
(b) While so stopped, listening and looking in both directions
along the tracks for approaching trains or rail fixed guideway system
vehicles and for signals indicating approaching trains or rail fixed
guideway system vehicles.
(c) Proceeding across the tracks after stopping only when such
movement can be performed safely in the gear of the motor vehicle that
does not require manually changing gears while proceeding.
(d) Proceeding across the tracks without manually changing gears.
(2) This section applies to the following vehicles when moved
across railroad or rail fixed guideway system tracks:
(a) A school bus.
(b) A school activity vehicle with a loaded weight of 10,000 pounds
or more.
(c) A worker transport bus.
(d) Any bus operated for transporting children to and from church
or an activity or function authorized by a church.
(e) Any vehicle used in the transportation of persons for hire by a
nonprofit entity as provided under ORS 825.017 (9).
(f) A commercial bus.
(g) A motor vehicle carrying as a cargo or part of a cargo any
explosive substance, inflammable liquids, corrosives or similar
substances or any cargo that the Department of Transportation determines
to be hazardous. For purposes of this paragraph, the department may only
determine a substance to be hazardous by rule. Any rules adopted by the
department to determine hazardous substances must be consistent with
substances classified as hazardous by the United States Secretary of
Transportation.
(h) A tank vehicle, whether loaded or empty, used for the
transportation of any hazardous material.
(3) Exemptions to this section are provided under ORS 811.465.
(4) The offense described in this section, failure to follow rail
crossing procedures for high-risk vehicles, is a Class B traffic
violation. [1983 c.338 §649; 1985 c.16 §318; 1985 c.420 §9; 1989 c.992
§20; 1995 c.383 §72; 1995 c.733 §49; 2001 c.104 §308; 2001 c.492 §4; 2001
c.522 §5](1) A person commits the offense of
failure of the operator of a commercial motor vehicle to slow down and
check that tracks are clear of an approaching train if the person:
(a) Is operating a commercial motor vehicle that is not required by
ORS 811.460 to stop before reaching a rail crossing;
(b) Is approaching a rail crossing at grade; and
(c) Fails to slow down and check that the tracks are clear of an
approaching train before proceeding across the railroad tracks.
(2) The offense described in this section, failure of the operator
of a commercial motor vehicle to slow down and check that tracks are
clear of an approaching train, is a Class B traffic violation. [2001
c.492 §7]
This section establishes exemptions from the special crossing procedures
established for high-risk vehicles under ORS 811.460. The exemptions are
partial or complete as described in the following:
(1) The vehicles are not required to comply with the procedures at
a crossing of a street or highway and rail fixed guideway system tracks
if:
(a) The rail fixed guideway system vehicles operate within and
parallel to the right of way of a street or highway; and
(b) All vehicle movements are controlled by traffic control devices.
(2) The vehicles are not required to comply with the procedures
when crossing any railway tracks upon which operation has been abandoned
and for which the Department of Transportation has plainly marked that no
stop need be made.
(3) The vehicles are not required to comply with the procedures
when crossing industry track crossings across which train operations are
required by law to be conducted under flag protection.
(4) The vehicles are not required to comply with the procedures
when crossing industry track crossings within districts in which the
designated speed of vehicles is 20 miles per hour or less.
(5) Vehicles are not required to comply with the procedures when
crossing any crossing where an officer directs traffic to proceed or
where an operating traffic control signal indicates that other traffic
may proceed.
(6) Vehicles are not required to comply with the procedures when
crossing any crossing protected by crossing gates. The exemption under
this subsection does not apply to:
(a) School buses or school activity vehicles that are required to
stop at crossings with crossing gates under ORS 811.460;
(b) Tank vehicles, whether loaded or empty, used to transport
hazardous materials;
(c) Vehicles transporting any hazardous material requiring the
vehicle to be placarded; or
(d) High-risk vehicles described in ORS 811.460 that are not
otherwise described in this subsection, when operating in interstate
commerce.
(7) Except when a train or rail fixed guideway system vehicle is
approaching, the driver of a commercial bus is not required to stop at
crossings where the Department of Transportation has determined and
plainly marked that no stop need be made. [1983 c.338 §650; 1985 c.420
§10; 2001 c.522 §6; 2003 c.589 §6](1) A person commits the offense of improper
movement of heavy equipment across a rail crossing if the person operates
or moves any equipment described in this section upon or across any
tracks at a railroad or rail fixed guideway system grade crossing without
complying with any of the following:
(a) Before moving across the tracks, the person must give notice of
an intended crossing to a responsible officer of the railroad or rail
fixed guideway system in time for protection to be given.
(b) Where the railroad or rail fixed guideway system has provided a
flagger, the person operating or moving such equipment shall obey the
direction of the flagger.
(c) The person operating or moving such equipment must do all of
the following:
(A) The person must stop before making the crossing at a clearly
marked line or, if there is no clearly marked line, not less than 15 feet
nor more than 50 feet from the nearest rail.
(B) While so stopped, the person must look and listen in both
directions along the tracks for approaching trains.
(C) The person shall not proceed across the tracks unless the
crossing can be made safely.
(2) This section applies to the operation of movement across
railroad or rail fixed guideway system tracks of any crawler-type
tractor, steam shovel, derrick, roller or any equipment or structure
having a normal operating speed of 10 miles per hour or less or a
vertical body or load clearance of less than one-half inch per foot of
the distance between any two adjacent axles or in any event of less than
nine inches, measured above the level surface of a roadway.
(3) The offense described in this section, improper movement of
heavy equipment across a rail crossing, is a Class B traffic violation.
[1983 c.338 §651; 1985 c.16 §319; 1995 c.383 §73; 1997 c.249 §233; 2001
c.522 §7] (1) A person commits
the offense of obstructing a rail crossing if the person is operating a
vehicle and the person does either of the following:
(a) Drives onto any railroad or rail fixed guideway system grade
crossing when there is not sufficient space on the other side of the
railroad or rail fixed guideway system grade crossing to accommodate the
vehicle the person is operating without obstructing the passage of other
vehicles, pedestrians, railroad trains or rail fixed guideway system
vehicles; or
(b) While driving a commercial motor vehicle, fails to negotiate
the rail crossing because of insufficient undercarriage clearance.
(2) The offense described in this section is applicable whether or
not a traffic control device indicates to proceed.
(3) The offense described in this section, obstructing rail
crossings, is a Class B traffic violation. [1983 c.338 §652; 1995 c.383
§74; 2001 c.492 §5; 2001 c.522 §8](Miscellaneous) (1) A person commits the offense
of illegal backing if the person backs a vehicle the person is driving
when it is not safe to do so or when it causes interference with other
traffic upon a highway.
(2) The offense described in this section, illegal backing, is a
Class D traffic violation. [1983 c.338 §653; 1995 c.383 §75] (1) A person commits the
offense of following too closely if the person does any of the following:
(a) Drives a vehicle so as to follow another vehicle more closely
than is reasonable and prudent, having due regard for the speed of the
vehicles and the traffic upon, and condition of, the highway.
(b) Drives a truck, commercial bus or motor vehicle drawing another
vehicle when traveling upon a roadway outside of a business or residence
district or upon a freeway within the corporate limits of a city and
follows another truck, commercial bus or motor vehicle drawing another
vehicle without, when conditions permit, leaving sufficient space so that
an overtaking vehicle may enter and occupy the space without danger. This
paragraph does not prevent a truck, commercial bus or motor vehicle
drawing another vehicle from overtaking and passing a vehicle or
combination of vehicles.
(c) Drives a vehicle when traveling upon a roadway outside of a
business or residence district or upon a freeway within the corporate
limits of a city in a caravan or motorcade whether or not towing another
vehicle without operating the vehicle so as to leave sufficient space
between vehicles to enable a vehicle to enter and occupy the space
without danger.
(2) This section does not apply in the case of a funeral
procession. Except for the funeral lead vehicle, vehicles participating
in a funeral procession shall follow the preceding vehicle as closely as
is reasonable and safe.
(3) The offense described in this section, following too closely,
is a Class B traffic violation. [1983 c.338 §654; 1991 c.482 §20]
(1) A person commits the offense of improper opening or leaving open a
vehicle door if the person does any of the following:
(a) Opens any door of a vehicle unless and until it is reasonably
safe to do so and it can be done without interference with the movement
of traffic, or with pedestrians and bicycles on sidewalks or shoulders.
(b) Leaves a door open on the side of a vehicle available to
traffic, or to pedestrians or bicycles on sidewalks or shoulders for a
period of time longer than necessary to load or unload passengers.
(2) The offense described in this section, improper opening or
leaving open a vehicle door, is a Class D traffic violation. [1983 c.338
§655; 1985 c.16 §320] (1) A person commits
the offense of engine braking if the person is operating a motor vehicle
on a highway and uses an unmuffled engine brake.
(2) The offense described in this section, engine braking, is a
Class A traffic violation.
(3) A person is not in violation of this section if the person uses
an unmuffled engine brake in an emergency situation to avoid imminent
danger to a person or to property. [1993 c.314 §7] (1) A
person commits the offense of unlawful coasting on a downgrade if the
person is the driver of a vehicle on a downgrade and the person coasts
with the gears or transmission of the motor vehicle in neutral or with
the clutch disengaged.
(2) This section does not apply to the driver of a motorized
bicycle.
(3) The offense described in this section, unlawful coasting on a
downgrade, is a Class D traffic violation. [1983 c.338 §656; 1985 c.16
§321; 1995 c.383 §76] (1) A person
commits the offense of unlawful stop or deceleration if the person is
operating a vehicle and the person stops or suddenly decreases the speed
of the vehicle without first giving an appropriate signal to the driver
immediately to the rear when there is opportunity to give the signal.
(2) Appropriate signals for the purpose of this section are as
designated under ORS 811.395 and 811.400.
(3) The offense described in this section, unlawful stop or
deceleration, is a Class B traffic violation. [1983 c.338 §657; 1995
c.383 §77](1) A person commits the offense of failure to stop
when emerging from an alley, driveway or building if the person is
operating a vehicle that is emerging from an alley, building, private
road or driveway in a business or residence district and the person does
not stop the vehicle as follows:
(a) If there is a sidewalk or sidewalk area, the person must stop
the vehicle before driving onto the sidewalk or sidewalk area.
(b) If there is no sidewalk or sidewalk area, the person must stop
at the point nearest the roadway to be entered where the driver has a
view of approaching traffic.
(2) The offense described in this section, failure to stop when
emerging from an alley, driveway or building, is a Class B traffic
violation. [1983 c.338 §658; 1985 c.16 §322; 1995 c.383 §78] (1) A person
commits the offense of dangerous operation around livestock if the person
is operating a vehicle upon a highway and the person fails to do any of
the following:
(a) A driver shall use caution when approaching or passing a person
riding, leading or herding livestock on the highway.
(b) If a person riding or leading livestock upon a highway gives a
distress signal to an approaching driver by raising a hand, the driver
must promptly stop the driver’s vehicle, unless movement forward is
necessary to avoid an accident, and, if requested, shall turn off the
engine until the livestock is under control.
(c) A driver shall yield the right of way to livestock being driven
on a highway.
(2) This section is only applicable if the livestock is an animal
of the species of horses, mules, donkeys, cattle, swine, sheep or goats.
(3) The offense described in this section, dangerous operation
around livestock, is a Class B traffic violation. [1983 c.338 §666]
(1) A person commits the offense of unlawfully operating a low-speed
vehicle on a highway if the person operates a low-speed vehicle on a
highway that has a speed limit or posted speed of more than 35 miles per
hour.
(2) Notwithstanding subsection (1) of this section, a city or
county may adopt an ordinance allowing operation of low-speed vehicles on
city streets or county roads that have speed limits or posted speeds of
more than 35 miles per hour.
(3) The offense described in this section, unlawfully operating a
low-speed vehicle on a highway, is a Class B traffic violation. [2001
c.293 §8]USE OF LIGHTS AND WARNINGS(Lights)This section establishes requirements
for ORS 811.520. Except where an exemption under ORS 811.525 specifically
provides otherwise, a vehicle that does not comply with this section is
in violation of ORS 811.520. Where specific types of lighting equipment
are mentioned in this section, those types are types described in ORS
816.040 to 816.290. The requirements under this section are as follows:
(1) Subject to any other provision of this section, any lighting
equipment a vehicle is required to be equipped with under ORS 816.040 to
816.290 must be displayed when the vehicle is upon a highway within this
state at any time limited visibility conditions exist. The provisions of
this subsection apply during the times stated when the required
visibility is measured on a straight, level unlighted highway.
(2) Parking lights and lights other than clearance, identification
and marker lights that are mounted on the front of a vehicle and are
designed to be displayed primarily when the vehicle is parked shall not
be lighted when a vehicle is driven upon a highway at times when limited
visibility conditions exist except when:
(a) The lights are being used as turn signals; or
(b) The headlights are also lighted at the same time.
(3) Any vehicle parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during times when
limited visibility conditions exist must display parking lights.
(4) All vehicles not specifically required by ORS 816.320 to be
equipped with lighting equipment shall at times when limited visibility
conditions exist display exempt-vehicle safety lighting equipment. This
section includes, but is not limited to, animal drawn vehicles and
vehicles exempted from required lighting equipment under ORS 816.340.
(5) Tow vehicle warning lights on tow vehicles shall be activated
when the tow vehicles are engaged in connecting with other vehicles and
drawing such vehicles onto highways or while servicing disabled vehicles.
(6) When limited visibility conditions exist a person shall use a
distribution of light or composite beam that is directed sufficiently
high and that is of such intensity so as to reveal persons and vehicles
on the highway at a safe distance in advance of the vehicle. A person
violates this subsection if the person does not comply with the following:
(a) Whenever the driver of a vehicle approaches an oncoming vehicle
within 500 feet, the driver must use a distribution of light or composite
beam so aimed that the glaring rays are not projected into the eyes of
the oncoming driver. The use of the low beams of the vehicle headlight
system is in compliance with this paragraph at all times regardless of
road contour and loading of the vehicle.
(b) Except when in the act of overtaking or passing, a driver of a
vehicle following another vehicle within 350 feet to the rear must use
the low beams of the vehicle headlight system.
(7) When a vehicle is upon a highway a person shall light not more
than a total of four lights at any one time that are mounted on the front
of a vehicle and that each projects a beam of intensity greater than 300
candlepower.
(8)(a) A light, other than a headlight, that projects a beam of
light of an intensity greater than 300 candlepower shall not be operated
on a vehicle:
(A) Unless the beam is so directed that no part of the high
intensity portion of the beam will strike the level of the roadway on
which the vehicle stands at a distance of more than 75 feet from the
vehicle; or
(B) Except as provided in paragraph (b) of this subsection, when
use of the low beams of the vehicle headlight system is required under
subsection (6) of this section.
(b) Notwithstanding paragraph (a)(B) of this subsection, a light,
other than a headlight, may be lighted on a motorcycle provided that the
intensity of the light does not exceed the intensity of the low beams of
the headlight system. A motorcycle may not be operated with more than two
lights, other than headlights, under this paragraph.
(9) A spotlight shall not be lighted upon approaching another
vehicle unless the spotlight is so aimed and used so that no part of the
high-intensity portion of the beam will be directed to the left of the
prolongation of the extreme left side of the vehicle upon which it is
mounted, more than 100 feet ahead of the vehicle.
(10) Auxiliary lights mounted higher than 54 inches shall not be
lighted when the vehicle is used on a highway.
(11) A back-up light shall not be lighted when the vehicle is in
forward motion.
(12) Bus safety lights shall only be operated in accordance with
the following:
(a) The lights may be operated when the vehicle is stopping or has
stopped for the purpose of loading or unloading students who are going to
or from any school or authorized school activity or function.
(b) The lights may be operated when the vehicle is stopping or has
stopped for the purpose of loading or unloading workers from worker
transport buses.
(c) The lights may be operated when the vehicle is stopping or has
stopped for the purpose of loading or unloading children being
transported to or from religious services or an activity or function
authorized by a religious organization.
(d) The lights may be operated when the vehicle is stopping or has
stopped in a place that obstructs other drivers’ ability to see the bus
safety lights on another vehicle.
(e) Notwithstanding any other paragraph of this subsection, the
lights shall not be operated if the vehicle is stopping or has stopped at
an intersection where traffic is controlled by electrical traffic control
signals, other than flashing signals, or by a police officer.
(f) Notwithstanding any other paragraph of this subsection, the
lights shall not be operated if the vehicle is stopping or has stopped at
a loading or unloading area where the vehicle is completely off the
roadway.
(13)(a) Hazard lights shall be used for the purpose of warning the
operators of other vehicles of the presence of a vehicular traffic hazard
requiring the exercise of unusual care in approaching, overtaking or
passing.
(b) Hazard lights shall be used by the first and last vehicles in a
funeral procession.
(14) Mail delivery lights may be used only while in active service
transporting United States mail for the purpose of warning other vehicle
operators of the vehicle’s presence and to exercise caution in
approaching, overtaking or passing. A vehicle with mail delivery lights
is in compliance with this subsection if the lights are flashed
continuously while the vehicle is in motion in active service
transporting mail or if the lights are actuated by application of the
service brake while the vehicle is parked.
(15) A pilot vehicle warning light may be activated only when the
vehicle equipped with the light is an escort accompanying a motor vehicle
carrying or towing a load of a size or description not permitted under
ORS 818.020, 818.060, 818.090 or 818.160.
(16) Fire company warning lights authorized under a permit granted
under ORS 818.250 may be used by the persons authorized under the permit
while being driven to a fire station or fire location in response to a
fire alarm. Fire company warning lights authorized under ORS 811.800 may
be used by funeral escort vehicle or funeral lead vehicle drivers while
driving in a funeral procession. The lights shall be covered or otherwise
concealed when not being displayed as provided in this subsection.
(17) Any lighted headlights upon a parked vehicle shall be dimmed.
(18) Commercial vehicle warning lights may be used only:
(a) To warn operators of other vehicles of the presence of a
traffic hazard requiring the exercise of unusual care in approaching,
overtaking or passing the commercial vehicle; and
(b) When the commercial vehicle is being used for commercial
purposes and the vehicle is:
(A) Stopped, parked or left standing at a commercial or work site;
or
(B) In a highway work zone as defined in ORS 811.230. [1983 c.338
§660; 1985 c.71 §7; 1989 c.402 §1; 1991 c.482 §19; 2003 c.118 §2; 2003
c.245 §1] (1) A
person commits the offense of unlawful use or failure to use lights if
the person does any of the following:
(a) Drives or moves on any highway any vehicle at a time when
vehicle lighting is required to be operated or is prohibited from being
operated under ORS 811.515 and operates or fails to operate lighting
equipment as required under ORS 811.515.
(b) Owns a vehicle or combination of vehicles and causes or
knowingly permits the vehicle or combination of vehicles to be driven or
moved on any highway at a time when ORS 811.515 requires or prohibits the
operation of vehicle lighting equipment without compliance with the
requirements under ORS 811.515.
(c) Drives any vehicle in a funeral procession without using the
low beam headlights.
(2) The application of this section is subject to the exemptions
from this section established under ORS 811.525.
(3) The offense described in this section, unlawful use of or
failure to use lights, is a Class B traffic violation, except that
violation of ORS 811.515 (3), (4), (13) or (17) or subsection (1)(c) of
this section is a Class D traffic violation. [1983 c.338 §659; 1985 c.16
§323; 1991 c.482 §21; 1995 c.383 §21] This
section establishes exemptions from ORS 811.515 and 811.520. The
exemptions under this section are in addition to any exemptions under ORS
801.026. The exemptions established under this section are partial or
complete as described in the following:
(1) ORS 811.515 and 811.520 shall not be construed to prohibit the
use of additional parts and accessories on any vehicle not inconsistent
with the provisions of those sections.
(2) Except for the provisions relating to exempt-vehicle safety
lighting equipment, ORS 811.515 and 811.520 do not apply to any of the
following:
(a) Road machinery.
(b) Road rollers.
(c) Farm tractors.
(d) Antique motor vehicles that are maintained as a collector’s
item and used for exhibitions, parades, club activities and similar uses,
but not used primarily for the transportation of persons or property.
(3) Whenever motor and other vehicles are operated in combination
during the time that lights are required, any lighting equipment, except
the taillight, which by reason of its location on a vehicle of the
combination would be obscured by another vehicle of the combination, need
not be lighted. This subsection shall not affect the requirement that
lighted clearance lights be displayed on the front of the foremost
vehicle required to have clearance lights nor the requirement that all
lights on the rear of the rearmost vehicle of the combination be lighted.
(4) Lighting equipment on bicycles shall be lighted as required
under ORS 815.280.
(5) Parked or stopped vehicles are not required to display parking
lights if the road authority for the highway provides by ordinance or
resolution that no lights need be displayed upon a vehicle parked on the
highway in accordance with legal parking regulations where there is
sufficient light to render clearly discernible any person or object
within a distance of 500 feet from the highway.
(6) Nothing under ORS 811.515 and 811.520 limits the ability to use
the following lights with any other lights during the day or at night:
(a) Public vehicle warning lights.
(b) Pilot vehicle warning lights.
(c) Tow vehicle warning lights.
(d) Police lights.
(e) Warning lights on vehicles at the scene of an actual or
potential release of hazardous materials, as described in ORS 816.280.
(f) Warning lights on vehicles being used by medical examiners to
reach the scene of an accident or of a death investigation, as described
in ORS 816.280.
(g) Commercial vehicle warning lights.
(7) Requirements for use of motorcycle and moped headlights are
under ORS 814.320.
(8) Requirements for lighting equipment for an electric personal
assistive mobility device are under ORS 815.284. [1983 c.338 §661; 1985
c.16 §324; 1985 c.71 §8; 1999 c.497 §2; 2003 c.245 §2; 2003 c.341 §9] The Department of
Transportation shall conduct a safety campaign to educate people about
the advantages of using headlights in fog or rain or when driving on a
single lane highway. The campaign shall include, but need not be limited
to, encouraging people to drive with headlights on under the specified
conditions. [1997 c.464 §1]Note: 811.526 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(Flares)(1) A person commits the offense of failure to post warnings for
a disabled vehicle if the person is the driver, or other person in charge
of a vehicle subject to this section, and the person does not cause the
placement of such roadside vehicle warning devices as the Department of
Transportation may require under ORS 815.035 when the vehicle is disabled
during limited visibility conditions and cannot immediately be removed
from the main traveled portion of a highway outside of a business
district or residence district.
(2) This section applies only to the following vehicles:
(a) School buses.
(b) School activity vehicles.
(c) Worker transport buses.
(d) Vehicles used in transportation of persons for hire by a
nonprofit entity as provided in ORS 825.017 (9).
(e) A bus being operated for transporting children to and from
religious services or an activity or function authorized by the religious
organization.
(f) Commercial buses.
(g) Motor trucks with a registration weight in excess of 8,000
pounds.
(h) Trailers with a registration weight in excess of 8,000 pounds.
(3) Requirements to be equipped with roadside vehicle warning
devices are contained in ORS 815.285.
(4) The offense described in this section, failure to post warnings
for a disabled vehicle, is a Class B traffic violation. [1983 c.338 §662;
1985 c.16 §325; 1985 c.420 §11; 1989 c.992 §21]OBEYING POLICE (1) A person
commits the offense of failing to obey a police officer if the person
refuses or fails to comply with any lawful order, signal or direction of
a police officer who:
(a) Is displaying the police officer’s star or badge; and
(b) Has lawful authority to direct, control or regulate traffic.
(2) The offense described in this section, failing to obey a police
officer, is a Class B traffic violation. [1983 c.338 §663; 1995 c.383 §79] (1)
A person commits the crime of fleeing or attempting to elude a police
officer if:
(a) The person is operating a motor vehicle; and
(b) A police officer who is in uniform and prominently displaying
the police officer’s badge of office or operating a vehicle appropriately
marked showing it to be an official police vehicle gives a visual or
audible signal to bring the vehicle to a stop, including any signal by
hand, voice, emergency light or siren, and either:
(A) The person, while still in the vehicle, knowingly flees or
attempts to elude a pursuing police officer; or
(B) The person gets out of the vehicle and knowingly flees or
attempts to elude the police officer.
(2) It is an affirmative defense to a prosecution of a person under
this section that, after a police officer operating a vehicle not marked
as an official police vehicle signaled the person to bring the person’s
vehicle to a stop, the person proceeded lawfully to an area the person
reasonably believed was necessary to reach before stopping.
(3) The offense described in this section, fleeing or attempting to
elude a police officer, is applicable upon any premises open to the
public and:
(a) Is a Class C felony if committed as described in subsection
(1)(b)(A) of this section; or
(b) Is a Class A misdemeanor if committed as described in
subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1;
1997 c.532 §1; 1997 c.860 §1]PARKING, STOPPING AND STANDING(Generally)
This section establishes places where stopping, standing and parking a
vehicle are prohibited for purposes of the penalties under ORS 811.555.
Except as provided under an exemption in ORS 811.560, a person is in
violation of ORS 811.555 if a person parks, stops or leaves standing a
vehicle in any of the following places:
(1) Upon a roadway outside a business district or residence
district, whether attended or unattended, when it is practicable to stop,
park or leave the vehicle standing off the roadway. Exemptions under ORS
811.560 (1), (7) and (9) are applicable to this subsection.
(2) On a shoulder, whether attended or unattended, unless a clear
and unobstructed width of the roadway opposite the standing vehicle is
left for the passage of other vehicles and the standing vehicle is
visible from a distance of 200 feet in each direction upon the roadway or
the person, at least 200 feet in each direction upon the roadway, warns
approaching motorists of the standing vehicle by use of flaggers, flags,
signs or other signals. Exemptions under ORS 811.560 (9) are applicable
to this subsection.
(3) On the roadway side of a vehicle stopped or parked at the edge
or curb of a highway. Exemptions under ORS 811.560 (7) are applicable to
this subsection.
(4) On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(5) Within an intersection. Exemptions under ORS 811.560 (4) to (7)
are applicable to this subsection.
(6) On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(7) Between a safety zone and the adjacent curb or within 30 feet
of points on the curb immediately opposite the ends of a safety zone,
unless a different length is indicated by signs and markings. For
purposes of this subsection the safety zone must be an area or space
officially set apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a
safety zone. Exemptions under ORS 811.560 (4) to (7) are applicable to
this subsection.
(8) Alongside or opposite a street excavation or obstruction when
stopping, standing or parking would obstruct traffic. Exemptions under
ORS 811.560 (4) to (7) are applicable to this subsection.
(9) Upon a bridge or other elevated structure upon a highway.
Exemptions under ORS 811.560 (4) to (8) are applicable to this subsection.
(10) Within a highway tunnel. Exemptions under ORS 811.560 (4) to
(7) are applicable to this subsection.
(11) On any railroad or rail fixed guideway system tracks or within
seven and one-half feet of the nearest rail at a time when the parking of
vehicles would conflict with operations or repair of the tracks.
Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.
(12) On a throughway. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(13) In the area between roadways of a divided highway, including
crossovers. Exemptions under ORS 811.560 (4) to (7) are applicable to
this subsection.
(14) At any place where traffic control devices prohibit stopping.
Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.
(15) In front of a public or private driveway. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(16) Within 10 feet of a fire hydrant. Exemptions under ORS 811.560
(2) and (4) to (7) are applicable to this subsection.
(17) Within 20 feet of a crosswalk at an intersection. Exemptions
under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.
(18) Within 50 feet upon the approach to an official flashing
signal, stop sign, yield sign or traffic control device located at the
side of the roadway if the standing or parking of a vehicle will obstruct
the view of any traffic control device located at the side of the
roadway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable
to this subsection.
(19) Within 15 feet of the driveway entrance to a fire station and
on the side of a street opposite the entrance to a fire station, within
75 feet of the entrance. Exemptions under ORS 811.560 (2) and (4) to (7)
are applicable to this subsection.
(20) At any place where traffic control devices prohibit standing.
Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this
subsection.
(21) Within 50 feet of the nearest rail of a railroad or rail fixed
guideway system crossing. Exemptions under ORS 811.560 (3) to (7) are
applicable to this subsection.
(22) At any place where traffic control devices prohibit parking.
Exemptions under ORS 811.560 (3) to (7) are applicable to this subsection.
(23) On a bicycle lane. Exemptions under ORS 811.560 are applicable
to this subsection.
(24) On a bicycle path. Exemptions under ORS 811.560 are applicable
to this subsection. [1983 c.338 §669; 1985 c.21 §1; 1985 c.334 §1; 1989
c.433 §2; 1997 c.249 §234; 2001 c.522 §9](1) A person commits the offense of illegal stopping, standing
or parking if:
(a) The person stops, parks or leaves standing a vehicle in a place
where such stopping, parking or standing is prohibited under ORS 811.550;
or
(b) The person is the owner of an unattended vehicle parked in a
place where such parking is prohibited under ORS 811.550.
(2) Exemptions from this section are established under ORS 811.560.
(3) A police officer, under authority granted by ORS 810.430, may
move or require to be moved a vehicle that is stopped, parked or left
standing in violation of this section.
(4) It is an affirmative defense to a prosecution of the owner of a
vehicle under subsection (1)(b) of this section that the use of the
vehicle was not authorized by the owner, either expressly or by
implication.
(5) The offense described by this section, illegal stopping,
standing or parking, is a Class D traffic violation. [1983 c.338 §668;
1987 c.687 §4]This section provides exemptions from ORS 811.550 and 811.555.
The following exemptions are applicable as provided under ORS 811.550:
(1) When applicable, this subsection exempts school buses or worker
transport buses stopped on a roadway to load or unload workers or
children, providing that the flashing school bus safety lights on the bus
are operating.
(2) When applicable, this subsection exempts vehicles stopped,
standing or parked momentarily to pick up or discharge a passenger.
(3) When applicable, this subsection exempts vehicles stopped,
standing or parked momentarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
(4) When applicable, this subsection exempts vehicles owned or
operated by the state, a county or city when stopping, standing or
parking is necessary to perform maintenance or repair work on the roadway.
(5) When applicable, this subsection exempts vehicles from the
prohibitions and penalties when the driver’s disregard of the
prohibitions is necessary to avoid conflict with other traffic.
(6) When applicable, this subsection exempts vehicles acting in
compliance with law or at the direction of a police officer or a traffic
control device.
(7) When applicable, this subsection exempts the driver of a
vehicle that is disabled in such manner and to such extent that the
driver cannot avoid stopping or temporarily leaving the disabled vehicle
in a prohibited position.
(8) When applicable, this subsection exempts vehicles owned or
operated by the State Department of Fish and Wildlife when stopping,
standing or parking is necessary to enable employees to release fish.
(9) When applicable, this subsection exempts vehicles momentarily
stopped to allow oncoming traffic to pass before making a right-hand or
left-hand turn or momentarily stopped in preparation for or while
negotiating an exit from the road. [1983 c.338 §670; 1985 c.334 §2; 1989
c.433 §3](1) A person commits the offense of dangerous movement of a
stopped, standing or parked vehicle if the person moves a vehicle so
stopped, standing or parked when the movement cannot be made with
reasonable safety.
(2) The offense described in this section, dangerous movement of a
stopped, standing or parked vehicle, is a Class B traffic violation.
[1983 c.338 §675; 1995 c.383 §80](1) A person commits the offense of
improperly positioning a parallel parked vehicle if:
(a) The person stops or parks a vehicle on a highway where parallel
parking is permitted and the vehicle is not parked in accordance with the
following:
(A) Upon a two-way highway, the vehicle shall be positioned so that
the right-hand wheels are parallel to and within 12 inches of the right
curb or, if none, as close as possible to the right edge of the right
shoulder.
(B) On a one-way highway where parallel parking is permitted on
either side, a vehicle parked or stopped on the right side shall be
positioned in accordance with the requirements of subparagraph (A) of
this paragraph and a vehicle parked or stopped on the left side shall be
positioned so that the left-hand wheels are parallel to and within 12
inches of the left curb or, if none, as close as possible to the left
edge of the left shoulder.
(C) Where marked parking spaces are provided, a vehicle shall be
positioned so that it faces in the direction in which vehicles in the
adjacent lane of the roadway are required to travel and so that the
wheels are within the parking space markings which are parallel to the
curb or, if none, to the edge of the shoulder; or
(b) The person is the owner of an unattended vehicle parked on a
highway in violation of paragraph (a) of this subsection.
(2) The provisions of this section do not apply to the driver of a
vehicle that is disabled in such manner and to such extent that the
driver cannot avoid stopping or temporarily leaving the disabled vehicle
in a position prohibited by this section.
(3) A police officer, under authority granted by ORS 810.430, may
move or require to be moved a vehicle that is parked in violation of this
section.
(4) It is an affirmative defense to a prosecution of the owner of a
vehicle under subsection (1)(b) of this section that the use of the
vehicle was not authorized by the owner, either expressly or by
implication.
(5) The offense described in this section, improperly positioning a
parallel parked vehicle, is a Class D traffic violation. [1983 c.338
§671; 1987 c.687 §5](1) A person commits the offense of
violation of posted parking restrictions on state highways if appropriate
signs or markings are posted giving notice of any regulations,
restrictions or prohibitions on the parking, stopping or standing of
vehicles on a state highway and:
(a) The person parks, stops or stands a vehicle on a state highway
in violation of any such regulations, restrictions or prohibitions; or
(b) The person is the owner of an unattended vehicle parked on a
state highway in violation of any such regulations, restrictions or
prohibitions.
(2) Authority to impose restrictions, regulations and prohibitions
on parking, stopping or standing of vehicles on state highways is
established under ORS 810.160.
(3) It is an affirmative defense to a prosecution of the owner of a
vehicle under subsection (1)(b) of this section that the use of the
vehicle was not authorized by the owner, either expressly or by
implication.
(4) The offense described in this section, violation of posted
parking restrictions on state highways, is a Class D traffic violation.
[1983 c.338 §672; 1987 c.687 §6](1) A driver commits the offense of unlawful parking for vending
purposes if the person parks or leaves standing a vehicle on a right of
way of a state highway for the purpose of advertising, selling or
offering merchandise for sale except pursuant to written agreement with
the Department of Transportation.
(2) The offense described in this section, unlawful parking for
vending purposes is a Class D traffic violation. [1983 c.338 §674](1) A person commits the offense of failure to secure a motor
vehicle if the person is driving or is in charge of a motor vehicle and:
(a) The person permits the vehicle to stand unattended on a highway
without first doing all of the following:
(A) Stopping the engine.
(B) Turning the front wheels to the curb or side of the highway
when standing upon any grade.
(C) Locking the ignition.
(D) Removing the key from the ignition.
(E) Effectively setting the brake on the vehicle; or
(b) The person is the owner of an unattended motor vehicle parked
on a highway in violation of paragraph (a) of this subsection.
(2) It is an affirmative defense to a prosecution of the owner of a
vehicle under subsection (1)(b) of this section that the use of the
vehicle was not authorized by the owner, either expressly or by
implication.
(3) The offense described in this section, failure to secure a
motor vehicle, is a Class D traffic violation. [1983 c.338 §676; 1985
c.16 §326; 1987 c.687 §7; 1995 c.383 §81](Winter Recreation Parking Areas)(1) A person commits the offense of unlawful parking
in a winter recreation parking area if the person parks a vehicle in a
location designated as a winter recreation parking area under ORS 810.170
at any time from November 15 of any year to April 30 of the next year and
the vehicle is not displaying a winter recreation parking permit issued
under ORS 811.595.
(2) Unless the police officer issuing the citation witnesses the
parking of the vehicle, a rebuttable presumption exists that a vehicle
parked in violation of this section was parked by the registered owner of
the vehicle. If the parking of the vehicle is witnessed by the police
officer, the operator of the vehicle is in violation of this section.
(3) In addition to those vehicles displaying a winter recreation
parking permit, the following vehicles are not subject to the prohibition
or penalty under this section:
(a) A vehicle owned and operated by the United States, another
state or a political subdivision thereof.
(b) A vehicle owned and operated by this state or by any city,
district or political subdivision thereof.
(c) A vehicle owned by a resident of another state if the vehicle
displays a winter area parking permit issued in accordance with the laws
of the state in which the owner of the vehicle resides and that is
similar to the winter recreation parking permit issued under ORS 811.595.
The exemption under this paragraph is only granted to the extent that a
similar exemption or privilege is granted under the laws of the other
state for vehicles displaying a winter recreation parking permit issued
under ORS 811.595.
(4) The offense described in this section, unlawful parking in a
winter recreation parking area, is punishable by a fine of $30. [1983
c.338 §678; 1999 c.1010 §1] A winter
recreation parking permit is a vehicle permit that is issued as evidence
of a grant of authority to park a vehicle in a winter recreation parking
location established under ORS 810.170 without violation of ORS 811.590.
The Department of Transportation shall establish a program for the
issuance of winter recreation parking permits under this section. The
program established by the department shall comply with all of the
following:
(1) The department shall adopt rules necessary for the issuance and
administration of winter recreation parking permits. The rules shall be
adopted under ORS chapter 183.
(2) The department shall include all of the following in the rules
adopted under this section:
(a) The type of permit.
(b) The manner in which the permit is to be issued.
(c) The manner of displaying the permit on a vehicle.
(d) Procedures for issuance of permits by persons appointed by the
department.
(3) Vehicle permits issued under this section shall be transferable
from vehicle to vehicle.
(4) The fees for issuance of winter recreation parking permits are
as provided under ORS 811.600. [1983 c.338 §679; 1985 c.16 §327] The Oregon
Transportation Commission shall set the fees for issuance of a winter
recreation parking permit issued under ORS 811.595 by rule. The
commission shall consider recommendations of the Winter Recreation
Advisory Committee in setting the fees under this section. The fees
established for issuance of winter recreation parking permits shall be
designed to cover the costs of enforcing the requirement for winter
recreation parking permits and of removing snow from winter recreation
parking locations designated under ORS 810.170, but may not exceed the
following:
(1) For winter recreation parking permits valid for a period of one
day, $5.
(2) For winter recreation parking permits valid for a period of
three consecutive days, $10.
(3) For winter recreation parking permits valid for a period of one
year beginning each November, $30. [1983 c.338 §684(1); 1985 c.16
§329(1); 1985 c.139 §5(1); 1993 c.245 §1; 1997 c.583 §7; 1999 c.1010 §2](Parking for Disabled Persons) (1) A
disabled person parking permit is a means of identifying vehicles being
used to exercise the parking privileges described in ORS 811.635. The
following are disabled person parking permits:
(a) A special decal described in ORS 811.605 issued by the
Department of Transportation to be affixed to a golf cart or
substantially similar vehicle;
(b) An individual placard described in ORS 811.605;
(c) A program placard issued by the department under ORS 811.607;
(d) A family placard issued by the department under ORS 811.609; and
(e) A foreign visitor placard issued by the department under ORS
811.611.
(2) The department shall issue a disabled person parking permit in
the form of a decal or individual placard to any person who submits an
application that complies with ORS 811.604. Nothing in this section
prohibits the department from issuing a decal or individual placard to a
person who has disabled veteran registration plates issued under ORS
805.100 and who qualifies for the decal or placard.
(3) Except as otherwise provided in this subsection, the department
may not issue more than one individual placard to an applicant. The
department may issue a replacement placard upon receipt of proof
satisfactory to the department that the original placard has been lost,
mutilated or destroyed. The department may issue a temporary duplicate
permit to a person who needs a duplicate permit for travel purposes. A
temporary duplicate permit shall be valid for 30 days. The department
shall adopt rules governing application for and issuance of temporary
duplicate permits. Nothing in this subsection prohibits issuance of an
individual placard to a person who has been issued a decal.
(4) Permits issued under this section, other than temporary
duplicate permits, may be renewed by mail.
(5) Permits for use on vehicles that are regularly used as part of
a program for the transportation of disabled persons are issued as
provided in ORS 811.607.
(6) Except as provided in subsection (7) of this section, the
department shall determine the form, size and content of any decal or
placard issued under this section and shall adopt rules governing their
issuance, display and use as necessary to carry out this section.
(7)(a) Except as provided in paragraph (b) of this subsection, the
department may not require a decal or placard issued under this section
to an individual or a family to contain any identifying information about
the person to whom the decal or placard is issued, including any of the
following:
(A) Name;
(B) Address;
(C) Telephone number;
(D) Social Security number;
(E) Driver license number;
(F) Golf cart driver permit number;
(G) Identification card number;
(H) Passport or visa number; or
(I) Photograph.
(b) The department may require a decal or placard issued under this
section to an individual or a family to contain not more than four digits
of the driver license or identification card number of the person to whom
the decal or placard is issued. [1987 c.187 §7; 1989 c.243 §2; 1991 c.741
§1; 1993 c.751 §66; 1995 c.462 §1; 2001 c.827 §11; 2005 c.406 §1]Note: Section 5, chapter 406, Oregon Laws 2005, provides:
Sec. 5. The amendments to ORS 811.602, 811.605, 811.606 and 811.609
by sections 1 to 4 of this 2005 Act apply to disabled person parking
permits issued or renewed on or after the effective date of this 2005 Act
[January 1, 2006]. [2005 c.406 §5]
(1) The Department of Transportation shall issue an identification card
without a photograph to an applicant for a disabled person parking permit
if the applicant does not have a driver license or permit or an
identification card issued by the department under ORS 807.400 and if the
applicant submits a statement from a physician that it would be
impractical or harmful to the applicant, because of medical or physical
condition, to appear at an office of the department and be photographed
for an identification card.
(2) The department shall determine by rule the terms, conditions
and requirements of an identification card issued under this section
except that the department may not require either that an applicant
appear personally in order to receive or renew a card or that the card
contain a photograph. [1991 c.741 §2b; 2001 c.827 §12] (1)
Application for issuance of a disabled person parking permit in the form
of an individual placard or decal issued under ORS 811.602 shall include:
(a) A certificate by a licensed physician, a certified nurse
practitioner or a licensed physician assistant to the Department of
Transportation that the applicant is a disabled person or a certificate
by a licensed optometrist that the applicant is a disabled person because
of loss of vision or substantial loss of visual acuity or visual field
beyond correction; and
(b) The number of a current, valid driver license, golf cart driver
permit or identification card issued to the applicant by the department.
(2) Application for renewal of a disabled person parking permit
shall be a signed statement from the holder of the permit saying that the
person is still qualified to hold the permit. [1987 c.187 §8; 1989 c.243
§6; 1991 c.741 §2; 1995 c.462 §2; 1999 c.582 §16; 2001 c.827 §13] (1) An applicant
for an individual placard or decal issued by the Department of
Transportation under ORS 811.602 must have a driver license, a disability
golf cart driver permit or an identification card issued by the
department. The placard or decal shall be valid so long as the license,
permit or identification card is valid and may be renewed when the
license, permit or card is renewed.
(2) An individual placard or decal shall contain an expiration date
that is visible from outside the vehicle when the placard or decal is
displayed on or in the vehicle. The expiration date shall be the same as
the expiration date of the driver license, golf cart driver permit or
identification card of the holder of the placard. [1989 c.243 §4; 2005
c.406 §2]Note: See note under 811.602. The
Department of Transportation may issue a placard showing an expiration
date not to exceed six months after the date of issuance for use by
temporarily disabled persons upon submission by the applicant of a
certificate described in ORS 811.604 except that it certifies that the
applicant is temporarily disabled for less than four years. An applicant
for a temporary permit need not have a driver license, permit or
identification card. [1987 c.187 §9; 1987 c.296 §4; 1989 c.243 §7; 1991
c.741 §3; 1993 c.741 §85; 2001 c.827 §14; 2005 c.406 §3]Note: See note under 811.602. The Department of Transportation
shall issue disabled person parking permits in the form of program
placards for use on vehicles that are regularly used as part of a program
for the transportation of disabled persons or by an adult foster care
home. All the following apply to placards issued under this section:
(1) The department shall determine the form, size and content of
the placards except that the department shall require that a placard
contain the name of the program holding the placard and the department
shall require that the expiration date of a placard be visible when the
placard is displayed in the vehicle.
(2) Placards issued under this section shall be valid for a period
of eight years from the date of issue. Upon expiration, placards may be
renewed in a manner determined by the department by rule. The department
shall authorize renewal by mail of placards issued under this section.
(3) The department shall determine by rule how programs for the
transportation of disabled persons may qualify vehicles for placards
issued under this section. [1989 c.243 §5; 1991 c.741 §4; 1999 c.91 §4;
2001 c.827 §15] The Department of Transportation shall
issue disabled person parking permits in the form of family placards for
use on vehicles that are regularly used by a family that includes more
than one disabled person. All the following apply to placards issued
under this section:
(1) The department shall determine the form, size and content of
the placards except that the department shall require that the expiration
date of a placard be visible when the placard is displayed in the vehicle.
(2) Placards issued under this section shall be valid for a period
of eight years from the date of issue. Upon expiration, placards may be
renewed in a manner determined by the department by rule.
(3) The department shall not issue or renew a placard under this
section unless a licensed physician certifies that the family includes at
least two disabled persons. [1991 c.741 §4b; 1999 c.91 §5; 2001 c.827
§16; 2005 c.406 §4]Note: See note under 811.602. (1) The Department of
Transportation may issue a disabled person parking permit in the form of
a placard to a person who is visiting from a foreign country if the
person presents to the department either a valid driver license or other
grant of driving privileges from the foreign country or a passport or
visa showing that the person is a visitor to the United States and
presents one of the following:
(a) A valid disabled person parking permit issued by the country
that issued the visitor’s passport or visa;
(b) A certificate from an official of the agency that issues
disabled person parking permits in the country that issued the visitor’s
passport or visa certifying that the person holds a valid disabled person
parking permit; or
(c) A certificate from a licensed physician, a certified nurse
practitioner or a licensed physician assistant addressed to the
Department of Transportation certifying that the applicant is a disabled
person, or a certificate from a licensed optometrist certifying that the
applicant is a disabled person because of loss of vision or substantial
loss of visual acuity or visual field beyond correction.
(2) A disabled person parking permit issued under this section is
valid for 30 days. [1997 c.680 §2; 1999 c.582 §17; 2001 c.827 §17] To maintain
disabled person parking privileges after relocation, a person who
relocates to Oregon and who holds a disabled person parking permit from
another state shall obtain an Oregon disabled person parking permit
pursuant to ORS 811.602. [2001 c.367 §6](1) A person commits the offense of unlawful parking
in a space reserved for disabled persons if:
(a) The person parks a vehicle in any parking space that is on
private or public property and that is marked or signed to provide
parking for disabled persons and the vehicle does not conspicuously
display a disabled person parking permit described under ORS 811.602 or
811.606 or a disabled parking permit issued by another jurisdiction; or
(b) The person parks a vehicle in the aisle required by ORS 447.233
regardless of whether or not the vehicle displays a disabled person
parking permit.
(2) This section does not apply to any of the following:
(a) Momentarily parking a vehicle in a parking space marked or
signed for disabled persons for the purposes of allowing a disabled
person to enter or leave the vehicle.
(b) Any parking space that is marked or signed to provide parking
for disabled persons and that is subject to different provisions or
requirements under city or county ordinance if the different provisions
or requirements are clearly posted.
(3) Unless the police officer or other authorized person issuing
the citation witnesses the parking of the vehicle, a rebuttable
presumption exists that a vehicle parked in violation of this section was
parked by the registered owner of the vehicle and the citation issued for
the violation may be placed upon the vehicle. If the parking of the
vehicle is witnessed by the police officer or other person authorized to
issue a citation for the offense, the operator of the vehicle is in
violation of this section.
(4) The penalties provided by this section shall be imposed
regardless of the text or symbol displayed on the marking or sign
reserving the space or aisle for disabled persons. The penalties are in
addition to the following:
(a) A vehicle parked on private property in violation of this
section is subject to removal under ORS 98.810 and to lien and sale under
ORS 98.812.
(b) A vehicle parked in violation of this section may be removed
and sold as provided under ORS 811.620.
(5) The offense described in this section, unlawful parking in a
space reserved for disabled persons, is a Class A traffic violation
except that a person in violation of this section shall pay a minimum
fine of $190 for the first offense and a minimum fine of $450 for each
subsequent offense.
(6) Notwithstanding any other provision of law and except as
otherwise provided in subsection (7) of this section:
(a) A court may not suspend imposition or execution of a sentence
to pay at least the minimum fine required by this section for a person’s
first offense unless the court finds from clear and convincing evidence
that compelling circumstances require a suspension of a portion of the
fine in the interests of justice. In no event shall a court suspend under
this paragraph more than $140 of the minimum $190 fine.
(b) A court may not suspend imposition or execution of a sentence
to pay a fine for a second or subsequent offense.
(7) If the court finds that the person who was issued a citation
for the offense described in this section lawfully held, but failed to
properly display, a valid permit at the time of citation, then the court
may suspend all but $20 of the fine. [1983 c.338 §680; 1985 c.16 §328;
1987 c.187 §2; 1989 c.243 §8; 1991 c.741 §11; 1993 c.195 §1; 1995 c.79
§373; 1997 c.680 §4; 2001 c.367 §1](1) A person commits the offense of blocking a parking space
reserved for disabled persons if the person:
(a) Stops or parks a vehicle in such a way as to block access to a
parking space that is on private or public property and that is marked or
signed to provide parking for disabled persons; or
(b) Places an object or allows an object to be placed in such a
manner that it blocks access to a parking space that is on private or
public property and that is marked or signed to provide parking for
disabled persons.
(2)(a) Unless the police officer or other authorized person issuing
the citation witnesses the stopping or parking of a vehicle in violation
of subsection (1)(a) of this section, there is a rebuttable presumption
that the vehicle was stopped or parked by the registered owner of the
vehicle and a citation issued for the violation may be placed upon the
vehicle. If the stopping or parking of the vehicle is witnessed by the
police officer or other person authorized to issue a citation for the
offense, or if the operator is in the vehicle, the operator of the
vehicle is in violation of this section.
(b) Unless the police officer or other authorized person issuing
the citation witnesses the blocking of a parking space in violation of
subsection (1)(b) of this section, there is a rebuttable presumption that
the owner or manager of the parking lot placed or allowed placement of
the object blocking access to the parking space and a citation may be
issued to the owner or manager of the parking lot. If a police officer or
other person issuing the citation sees a person placing an object in
violation of subsection (1)(b) of this section, the officer or other
person may issue the citation to the person seen.
(3) For purposes of this section, a parking space includes any
adjacent access aisle as described in ORS 447.233.
(4) The offense described in this section, blocking a parking space
reserved for disabled persons, is a Class D traffic violation except that
a person in violation of this section shall pay a minimum fine of $50.
Notwithstanding any other provision of law, a court may not suspend
imposition or execution of a sentence to pay at least the minimum fine
required by this section unless the court finds that the defendant is
indigent. [1997 c.498 §2; 2001 c.367 §2]If a vehicle is illegally parked in violation of ORS
811.615, the vehicle may be removed and, if notice required under
subsection (3) of this section is given, is subject to costs for the
removal and storage of the vehicle as provided under the following:
(1) The owner of private property may have the vehicle removed from
the property in the manner provided for removal of vehicles under ORS
98.812.
(2) Subject to subsection (3) of this section, any state agency or
political subdivision of this state may provide for the removal and
storage of the vehicle and the vehicle shall be subject to the following:
(a) The state agency or political subdivision may require payment
of reasonable costs for removal and storage of the vehicle before the
vehicle is released.
(b) If the vehicle is not claimed and any fees required under this
subsection are not paid within 30 days of the removal, a lien described
under ORS 98.812 (3) attaches to the vehicle and its contents for the
reasonable costs for removal and storage of the vehicle and contents.
(3) If a vehicle is removed under subsection (2) of this section,
the garagekeeper or public parking operator removing the vehicle shall:
(a) Notify the local law enforcement agency of the location of the
vehicle within one hour after the vehicle is placed in storage; and
(b) Unless the vehicle is claimed, give notice, within 10 days
after the vehicle is placed in storage, to the vehicle owner or any other
person with an interest in the vehicle, as indicated by the title
records. If notice under this paragraph is given by mail, it must be
mailed within the 10-day period, but need not be received within that
period. [1983 c.338 §433; 1985 c.16 §227; 1993 c.233 §56](1) A person commits the offense of the
unlawful use of a disabled person parking permit by a nondisabled person
if the person:
(a) Is not a disabled person and is not transporting the holder of
a disabled person parking permit to or from the parking location; and
(b) Uses a disabled person parking permit described under ORS
811.602 or 811.606 to exercise any privileges granted under ORS 811.635.
(2) The offense described in this section, unlawful use of disabled
person parking permit by a nondisabled person, is a Class A traffic
violation except that a person in violation of this section shall pay a
minimum fine of $450. Notwithstanding any other provision of law, a court
may not suspend imposition or execution of a sentence to pay at least the
minimum fine required by this section. [1983 c.338 §681; 1987 c.187 §3;
1989 c.243 §9; 1991 c.741 §12; 1995 c.79 §374; 2001 c.367 §3] (1)
A person commits the offense of use of an invalid disabled person parking
permit if the person uses a permit that is not a valid permit from
another jurisdiction, and that:
(a) Has been previously reported as lost or stolen;
(b) Has been altered;
(c) Was issued to a person who is deceased at the time of the
citation;
(d) Has not been issued under ORS 811.602;
(e) Is a photocopy or other reproduction of a permit, regardless of
the permit status; or
(f) Is mutilated or illegible.
(2) Unless the police officer or other authorized person issuing
the citation witnesses the parking of the vehicle, a rebuttable
presumption exists that a vehicle parked in violation of this section was
parked by the registered owner of the vehicle and the citation issued for
the violation may be placed upon the vehicle. If the parking of the
vehicle is witnessed by the police officer or other person authorized to
issue a citation for the offense, the operator of the vehicle is in
violation of this section.
(3) The offense described in this section, use of an invalid
disabled person parking permit, is a Class A traffic violation except
that a person in violation of this section shall pay a minimum fine of
$450. Notwithstanding any other provision of law and except as provided
in subsection (5) of this section, a court may not suspend imposition or
execution of a sentence to pay at least the minimum fine required by this
section.
(4) If the court finds that a person committed the offense
described in this section, the court shall collect the permit and return
it to the Department of Transportation for destruction unless the person
claims the permit was lost or destroyed, or the police officer or other
person authorized to issue a citation for the offense collected the
permit.
(5) If the court finds that a person committed the offense
described in this section by using a permit that was mutilated or
illegible, the court may assess any fine it deems appropriate up to the
maximum amount allowable for the offense. If the mutilated or illegible
permit has been replaced by the department, the court may dismiss the
citation. [2001 c.367 §7] (1) A person commits
the offense of misuse of a program placard if the person:
(a) Is the driver of a vehicle that is being used as part of a
program for the transportation of disabled persons; and
(b) Uses a program placard described under ORS 811.607 for any
purpose other than exercising privileges granted under ORS 811.637.
(2) The offense described in this section, misuse of a program
placard, is a Class A traffic violation except that a person in violation
of this section shall pay a minimum fine of $190 for a first offense and
a minimum fine of $450 for each subsequent offense. Notwithstanding any
other provision of law, a court may not suspend imposition or execution
of a sentence to pay at least the minimum fine required by this section.
[1983 c.338 §682; 1987 c.187 §4; 1989 c.243 §10; 2001 c.367 §4](1) A law enforcement agency authorized
to enforce parking laws may appoint volunteers to issue citations for
violations of ORS 811.615, 811.617, 811.625 and 811.630, or of ordinances
dealing with parking privileges for disabled persons. Volunteers
appointed under this subsection must be at least 21 years of age. The law
enforcement agency appointing the volunteers may establish any other
qualifications the agency deems desirable.
(2) Any agency appointing volunteers under this section shall
provide training to the volunteers before authorizing them to issue
citations.
(3) A citation issued by a volunteer appointed under this section
shall have the same force and effect as a citation issued by a police
officer for the same offense. [1991 c.741 §10; 1997 c.498 §3]Note: 811.632 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.All of the following apply to the parking
privileges granted to disabled persons under a disabled person parking
permit other than a program placard described in ORS 811.607:
(1) The privileges granted under a permit may be exercised
notwithstanding ORS 811.575, any authority granted under ORS 810.160 or
parking restrictions imposed by any city or county and without violation
thereof.
(2) Subject to the limitations under subsection (3) of this
section, a permit allows its holder, or another person while transporting
its holder to or from the parking location, to exercise the following
privileges:
(a) Park a motor vehicle in any public parking zone restricted as
to the length of time permitted therein without incurring penalties
imposed for overtime parking in such zones.
(b) Park a motor vehicle in any public parking zone with metered
parking without being required to pay any parking meter fee.
(3) The privileges granted under subsection (2) of this section do
not include any of the following:
(a) Parking in zones where stopping, parking or standing of all
motor vehicles is prohibited.
(b) Parking in the late evening or overnight where such parking is
prohibited.
(c) Parking in zones reserved for special types of motor vehicles
or activities.
(d) Parking in zones where parking is permitted only for 30 minutes
or less.
(4) In addition to other privileges granted under a permit, the
person issued a permit, or another person while transporting the person
issued the permit to or from the parking location, may use the permit to
park in a parking space that is marked or signed to provide parking for
disabled persons without violation of ORS 811.615. [1983 c.338 §683; 1985
c.139 §4; 1987 c.187 §5; 1989 c.243 §11] (1) Notwithstanding
ORS 811.635, a program placard described under ORS 811.607 confers only
the following privileges:
(a) It authorizes the driver of a vehicle that is being used as
part of the program to which the placard was issued to park the vehicle
for three hours or less in any public parking zone restricted as to the
length of time permitted therein without incurring penalties for overtime
parking in such zones;
(b) It authorizes the driver of a vehicle that is being used as
part of the program to which the placard was issued to park the vehicle
for three hours or less in any public parking zone with metered parking
without being required to pay any parking meter fee; and
(c) It authorizes the driver of a vehicle that is being used as
part of the program to which the placard was issued to park the vehicle
for three hours or less in any parking space that is marked or signed to
provide parking for disabled persons without violation of ORS 811.615, so
long as the vehicle conspicuously displays the permit.
(2) The privileges granted under subsection (1) of this section do
not include any of the following:
(a) Parking in zones where stopping, parking or standing of all
motor vehicles is prohibited.
(b) Parking in the late evening or overnight where such parking is
prohibited.
(c) Parking in zones reserved for special types of motor vehicles
or activities.
(d) Parking in zones where parking is permitted only for 30 minutes
or less. [1989 c.243 §13; 1999 c.779 §1]ACCIDENTS(Duties)(1) A person commits the offense of failure to perform
the duties of a driver when property is damaged if the person is the
driver of any vehicle and the person does not perform duties required
under any of the following:
(a) If the person is the driver of any vehicle involved in an
accident that results only in damage to a vehicle that is driven or
attended by any other person the person must perform all of the following
duties:
(A) Immediately stop the vehicle at the scene of the accident or as
close thereto as possible. Every stop required under this subparagraph
shall be made without obstructing traffic more than is necessary.
(B) Remain at the scene of the accident until the driver has
fulfilled all of the requirements under this paragraph.
(C) Give to the other driver or passenger the name and address of
the driver and the registration number of the vehicle that the driver is
driving and the name and address of any other occupants of the vehicle.
(D) Upon request and if available, exhibit and give to the occupant
of or person attending any vehicle damaged the number of any documents
issued as evidence of driving privileges granted to the driver.
(b) If the person is the driver of any vehicle that collides with
any vehicle that is unattended, the person shall immediately stop and:
(A) Locate and notify the operator or owner of the vehicle of the
name and address of the driver and owner of the vehicle striking the
unattended vehicle; or
(B) Leave in a conspicuous place in the vehicle struck a written
notice giving the name and address of the driver and of the owner of the
vehicle doing the striking and a statement of the circumstances thereof.
(c) If the person is the driver of any vehicle involved in an
accident resulting only in damage to fixtures or property legally upon or
adjacent to a highway, the person shall do all of the following:
(A) Take reasonable steps to notify the owner or person in charge
of the property of such fact and of the driver’s name and address and of
the registration number of the vehicle the driver is driving.
(B) Upon request and if available, exhibit any document issued as
official evidence of a grant of driving privileges to the driver.
(2) The offense described in this section, failure to perform the
duties of a driver when property is damaged, is a Class A misdemeanor and
is applicable on any premises open to the public. [1983 c.338 §572](1) A person commits the offense of failure to perform the
duties of a driver to injured persons if the person is the driver of any
vehicle involved in an accident that results in injury or death to any
person and does not do all of the following:
(a) Immediately stop the vehicle at the scene of the accident or as
close thereto as possible. Every stop required under this paragraph shall
be made without obstructing traffic more than is necessary.
(b) Remain at the scene of the accident until the driver has
fulfilled all of the requirements under this subsection.
(c) Give to the other driver or surviving passenger or any person
not a passenger who is injured as a result of the accident the name and
address of the driver and the registration number of the vehicle that the
driver is driving and the name and address of any other occupants of the
vehicle.
(d) Upon request and if available, exhibit and give to the persons
injured or to the occupant of or person attending any vehicle damaged the
number of any document issued as official evidence of a grant of driving
privileges.
(e) Render to any person injured in the accident reasonable
assistance, including the conveying or the making of arrangements for the
conveying of such person to a physician, surgeon or hospital for medical
or surgical treatment, if it is apparent that such treatment is necessary
or if such conveying is requested by any injured person.
(f) Remain at the scene of an accident until a police officer has
arrived and has received the required information, if all persons
required to be given information under paragraph (c) of this subsection
are killed in the accident or are unconscious or otherwise incapable of
receiving the information. The requirement of this paragraph to remain at
the scene of an accident until a police officer arrives does not apply to
a driver who needs immediate medical care, who needs to leave the scene
in order to secure medical care for another person injured in the
accident or who needs to leave the scene in order to report the accident
to the authorities, so long as the driver who leaves takes reasonable
steps to return to the scene or to contact the nearest police agency.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, the offense described in this section, failure to perform the
duties of a driver to injured persons, is a Class C felony and is
applicable on any premises open to the public.
(b) Failure to perform the duties of a driver to injured persons is
a Class B felony if a person suffers serious physical injury as defined
in ORS 161.015 or dies as a result of the accident. [1983 c.338 §573;
1993 c.621 §1; 2001 c.919 §1]When a person is convicted of violating ORS 811.700 or 811.705,
the court, in addition to any other sentence it may impose, may order the
person to pay an amount of money equal to the amount of any damages
caused by the person as a result of the incident that created the duties
in ORS 811.700 or 811.705. [1995 c.782 §2]Note: 811.706 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The
Oregon Criminal Justice Commission shall classify the crime of failure to
perform the duties of a driver to injured persons as crime category 8 of
the sentencing guidelines grid of the commission if a person suffers
serious physical injury as defined in ORS 161.015 or dies as a result of
the accident that forms the basis of the conviction. [2001 c.919 §2]Note: 811.707 was enacted into law by the Legislative Assembly but
was not added to or made a part of the Oregon Vehicle Code or any chapter
or series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) A person commits the offense of failure to perform the
duties of a driver when an animal is injured if the person knowingly
strikes and injures a domestic animal and the person does not do all of
the following:
(a) Stop at once.
(b) Make a reasonable effort to determine the nature of the
animal’s injuries.
(c) Give reasonable attention to the animal.
(d) Immediately report the injury to the animal’s owner.
(e) If unable to contact the owner of the animal, notify a police
officer.
(2) The requirements under this section for a driver to stop and
attend an injured animal depend on the traffic hazards then existing.
(3) The offense described in this section, failure to perform the
duties of a driver when an animal is injured, is a Class B traffic
violation. [1983 c.338 §574]
(1) A person commits the offense of failure to perform the duties of a
witness to an accident if the person:
(a) Witnesses an accident that results in injury or death to any
person or causes damage to a vehicle that is driven or attended by any
person; and
(b) Does not furnish to the driver or occupant of such vehicles or
injured person, the true name and address of the witness.
(2) The offense described in this section, failure to perform the
duties of a witness to an accident, is a Class B traffic violation. [1983
c.338 §575](Reports) (1) Except as provided in
subsection (4) of this section, any accident occurring on a highway or
upon premises open to the public resulting in injury or death to any
person is subject to the reporting requirements under the following
sections:
(a) The reporting requirements for drivers under ORS 811.725.
(b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.735.
(c) The reporting requirements for owners of vehicles under ORS
811.730.
(2) Except as provided in subsection (4) of this section, an
accident occurring on a highway or upon premises open to the public
resulting in damage to the property of any person in excess of $1,500 is
subject to the following reporting requirements:
(a) The driver of a vehicle that has more than $1,500 damage must
report the accident in the manner specified under ORS 811.725.
(b) The owner of a vehicle that has more than $1,500 damage must
report the accident in the manner specified in ORS 811.730 and under the
circumstances specified in ORS 811.730.
(c) If the property damage is to property other than a vehicle
involved in the accident, each driver involved in the accident must
report the accident in the manner specified under ORS 811.725 and each
owner of a vehicle involved in the accident must report the accident in
the manner specified in ORS 811.730 and under the circumstances specified
in ORS 811.730.
(d) If a vehicle involved in the accident is damaged to the extent
that the vehicle must be towed from the scene of the accident, each
driver involved in the accident must report the accident in the manner
specified under ORS 811.725 and each owner of a vehicle involved in the
accident must report the accident in the manner specified in ORS 811.730
and under the circumstances specified in ORS 811.730.
(3) The dollar amount specified in subsection (2) of this section
may be increased every five years by the Department of Transportation
based upon any increase in the Portland-Salem Consumer Price Index for
All Urban Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor or its successor
during the preceding 12-month period. The amount determined under this
subsection shall be rounded to the nearest $100.
(4) The following are exempt from the reporting requirements of
this section:
(a) Operators of snowmobiles, Class I all-terrain vehicles or Class
III all-terrain vehicles.
(b) A law enforcement official acting in the course of official
duty if the accident involved a law enforcement official performing a
lawful intervention technique or a law enforcement official and a person
acting during the commission of a criminal offense. As used in this
paragraph:
(A) “Law enforcement official” means a person who is responsible
for enforcing the criminal laws of this state or a political subdivision
of this state and who is employed or volunteers:
(i) As a peace officer commissioned by a city, port, school
district, mass transit district, county or county service district
authorized to provide law enforcement services under ORS 451.010;
(ii) With the Department of State Police or the Criminal Justice
Division of the Department of Justice; or
(iii) As an investigator of a district attorney’s office, if the
investigator is certified as a peace officer in this state.
(B) “Lawful intervention technique” means a method by which one
motor vehicle causes, or attempts to cause, another motor vehicle to
stop. [1983 c.338 §576; 1987 c.258 §11; 1993 c.614 §1; 1997 c.279 §1;
2001 c.827 §7; 2003 c.531 §1; 2005 c.405 §1]Note: Section 2, chapter 531, Oregon Laws 2003, provides:
Sec. 2. The amendments to ORS 811.720 by section 1 of this 2003 Act
apply to accidents occurring on or after the effective date of this 2003
Act [January 1, 2004]. [2003 c.531 §2] (1) The driver
of a vehicle commits the offense of driver failure to report an accident
if the driver does any of the following:
(a) Is driving any vehicle that is involved in an accident required
to be reported under ORS 811.720 and does not, within 72 hours of the
accident, complete a report of the accident in a form approved by the
Department of Transportation and submit the report to the department.
(b) Is driving a vehicle that is involved in an accident and does
not submit to the department any report required by the department that
is other than or in addition to the reports required by this section. The
department may request a supplemental report if in the opinion of the
department the original report is insufficient.
(c) Is driving any vehicle that is involved in an accident required
to be reported under ORS 811.720 and does not, within 72 hours of the
accident, certify to the department, in a form furnished by the
department, that at the time of the accident the person was in compliance
with the financial responsibility requirements.
(2) The certification of compliance with financial responsibility
required under this section is subject to the prohibitions and penalties
for false certification under ORS 806.050.
(3) The reports described under this section are subject to the
provisions of ORS 802.220 and 802.240 relating to the use of such reports
after submission. Exemptions from requirements to certify compliance with
financial responsibility are established under ORS 806.020.
(4) A driver may be required to file additional accident reports
with a city as provided under ORS 801.040.
(5) The offense described in this section, driver failure to report
an accident, is a Class B traffic violation. [1983 c.338 §577; 1985 c.393
§36; 1993 c.751 §67; 2005 c.195 §1] (1) The owner of
a vehicle commits the offense of owner failure to report an accident if
the owner does any of the following:
(a) If the person owns a vehicle that is involved in an accident
that is required to be reported under ORS 811.720 and all of the
following apply:
(A) The accident occurred while the vehicle was driven by someone
other than the owner of the vehicle.
(B) The driver of the vehicle does not make an accident report as
required under ORS 811.725.
(C) The owner of the vehicle fails to report the accident to the
Department of Transportation in a form specified by the department as
soon as the owner learns of the accident.
(b) If the person is the owner of a vehicle involved in an accident
and the person does not make any additional reports the department may
require.
(2) The offense described in this section, owner failure to report
an accident, is a Class B traffic violation. [1983 c.338 §578; 1985 c.393
§37; 1993 c.751 §68](1) A person commits the offense of failure of a vehicle
occupant to make an accident report if:
(a) The person is an occupant, other than the driver, of a vehicle
at a time when the vehicle is involved in an accident required to be
reported under ORS 811.720;
(b) The driver of the vehicle is physically incapable of making an
accident report required under ORS 811.725; and
(c) The occupant does not make the accident report or cause the
accident report to be made.
(2) This section does not require an occupant of a vehicle who is
not a driver to make any certification of compliance with financial
responsibility requirements.
(3) The offense described in this section, failure of a vehicle
occupant to make an accident report, is a Class B traffic violation.
[1983 c.338 §579] (1) A person commits the
offense of giving a false accident report if the person gives information
in any report required under ORS 811.725 or 811.730, knowing or having
reason to believe that such information is false.
(2) The offense described in this section, giving a false accident
report, is a Class B misdemeanor. [1983 c.338 §581; 1985 c.393 §38]FUNERAL PROCESSIONS(1) A person commits the offense of operation of a funeral
escort vehicle or a funeral lead vehicle with improper lights if the
person:
(a) Fails to equip the funeral escort vehicle or funeral lead
vehicle with at least one “fire company warning light” as provided for
under ORS 816.350 and described under ORS 816.285; or
(b) Uses the “fire company warning light” at any time except during
a funeral procession.
(2) No ordinance or other regulation shall prohibit the use of
warning lights on a funeral escort vehicle or funeral lead vehicle while
driving in a funeral procession.
(3) The offense described in this section, operation of a funeral
escort vehicle or funeral lead vehicle with improper lights, is a Class D
traffic violation. [1991 c.482 §6; 1993 c.18 §170; 1995 c.383 §1](1) A person commits the offense of failure to yield the right
of way to a funeral procession if the funeral procession is accompanied
by a funeral escort vehicle or a funeral lead vehicle and the person does
not do the following:
(a) Yield the right of way to the funeral procession.
(b) Stop before entering any intersection and remain stopped until
the funeral procession has passed.
(c) Obey any directions given by a driver of a funeral escort
vehicle.
(2) Except as otherwise provided in subsection (3) of this section
and except for emergency vehicles and police vehicles or at the direction
of a police officer, this section applies to pedestrians, bicyclists,
motor vehicle drivers and anyone else in the path of a funeral procession.
(3) This section applies only to persons who knew or in the
exercise of reasonable care should have known of the presence of a
funeral procession.
(4) The offense described in this section, failure to yield the
right of way to a funeral procession, is a Class D traffic violation.
[1991 c.482 §7; 1995 c.383 §2] (1) While
exercising due caution regarding the safety of others, notwithstanding
any traffic control device, right of way provisions or other provisions
of the Oregon Vehicle Code, if the funeral escort vehicle or funeral lead
vehicle lawfully enters an intersection, the following procession may
enter the intersection without stopping.
(2) Notwithstanding subsection (1) of this section, the vehicles in
the funeral procession shall yield the right of way:
(a) To an emergency vehicle giving an audible or visible signal; or
(b) If directed by a police officer to do so. [1991 c.482 §8]
(1) Notwithstanding any other provision of law, a person commits the
offense of exceeding the maximum speed for a funeral procession if:
(a) The person is driving in a funeral procession on a highway with
a speed limit of less than 50 miles per hour and the person drives at a
speed that exceeds five miles per hour less than the speed limit; or
(b) The person is driving in a funeral procession on a highway with
a speed limit greater than 50 miles per hour and the person drives at a
speed that exceeds 45 miles per hour.
(2) The offense described in this section, exceeding the maximum
speed for a funeral procession, is a Class D traffic violation. [1991
c.482 §12; 1995 c.383 §3]
Notwithstanding ORS 811.111 or 811.295, while overtaking the funeral
procession in order to direct traffic at the next intersection, the
funeral escort vehicle may exceed the posted speed limit by 10 miles per
hour and may cross the center line of a roadway that is divided into two
or more lanes. [1991 c.482 §9; 2003 c.14 §494; 2003 c.819 §10] (1) A person
commits the offense of disrupting a funeral procession if:
(a) The person is driving a vehicle that is not a member of the
funeral procession and the person drives between the vehicles in a
funeral procession; or
(b) The person is driving a vehicle that is not a member of the
funeral procession and the person joins the funeral procession in order
to be exempt from any rule of the road.
(2) This section does not apply to any emergency vehicle or police
vehicle while that vehicle is performing emergency or police duties.
(3) The offense described in this section, disrupting a funeral
procession, is a Class D traffic violation. [1991 c.482 §10; 1995 c.383
§4] Any person or
vehicle participating in a funeral procession shall be allowed to pass
free through all tollgates, tunnels, toll bridges and ferries. [1991
c.482 §11]
