Chapter 474 Oregon Laws 2001

AN ACT

HB 2380

Relating to traffic control devices; creating new provisions; amending sections 1 and 2, chapter 851, Oregon Laws 1999; repealing section 3, chapter 851, Oregon Laws 1999; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 1, chapter 851, Oregon Laws 1999, as amended by section 327, chapter 1051, Oregon Laws 1999, is amended to read:

Sec. 1. (1) [The following cities may, at their own cost,] Any city with a population of 30,000 or more may, at its own cost, operate [camera demonstration projects] cameras designed to photograph drivers who violate ORS 811.265 by failing to obey a traffic control device. Notwithstanding the population requirement of this section, the City of Newberg may operate cameras as provided for other cities in this section.[:]

[(a) Beaverton.]

[(b) Bend.]

[(c) Medford.]

[(d) Newberg.]

[(e) Portland.]

[(f) Tigard.]

(2) Cameras [used in the demonstration projects] operated under this section may be mounted on street lights or put in other suitable places.

(3) A city [named in subsection (1) of this section, if it] that chooses to operate a camera [demonstration project,] shall:

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

(b) Once each biennium, conduct a process and outcome evaluation [of the demonstration project] for the Department of Transportation that includes:

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

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

(4) The Department of Transportation shall provide an executive summary of the [demonstration projects to the Seventy-first] process and outcome evaluations to each regular session of the Legislative Assembly. The summary shall be presented to the Legislative Assembly by March 1 of the year of each regular session.

SECTION 2. Section 2, chapter 851, Oregon Laws 1999, is amended to read:

Sec. 2. (1) Notwithstanding any other provision of law, if a city authorized to do so by section 1, chapter 851, Oregon Laws 1999, [of this 1999 Act] chooses to operate a camera [demonstration project] that complies with this [1999 Act,] section and section 1, chapter 851, Oregon Laws 1999, a citation for violation of ORS 811.265 may be issued on the basis of photographs from a camera taken without the presence of a police officer if the following conditions are met:

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

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

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

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

(e) A police officer who has reviewed the photograph signs the citation. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 192.825 to 192.855.

(2) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, [the provisions of ORS 153.555 shall apply, and] a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

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

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

(5) A citation for violation of ORS 811.265 issued on the basis of photographs from a camera installed as provided in this [1999 Act] section and section 1, chapter 851, Oregon Laws 1999, may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.

(6)(a) If a registered owner of a vehicle responds to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and a photocopy of the owner’s driver license, the citation shall be dismissed. The citation may be reissued if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation.

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

(7) The penalties for and all consequences of a violation of ORS 811.265 initiated by the use of a camera installed as provided in this [1999 Act] section and section 1, chapter 851, Oregon Laws 1999, are the same as for a violation initiated by any other means.

(8) A registered owner or an employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner or the employee, renter or lessee from the judgment as provided in ORS [153.555] 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

SECTION 3. (1) Except as otherwise provided in subsection (2) of this section, a city authorized to operate cameras under section 1, chapter 851, Oregon Laws 1999, may not operate the cameras at more than four intersections in the city.

(2) A city with a population of 300,000 or more may not operate cameras at more than eight intersections in the city.

SECTION 4. Photographs taken under section 1, chapter 851, Oregon Laws 1999, may be submitted into evidence in a trial, administrative proceeding or other judicial or quasi-judicial proceeding only for the purpose of proving or disproving a violation of ORS 811.265.

SECTION 5. Section 3, chapter 851, Oregon Laws 1999, is repealed.

SECTION 6. This 2001 Act takes effect on December 30, 2001.

Approved by the Governor June 19, 2001

Filed in the office of Secretary of State June 19, 2001

Effective date December 30, 2001

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