71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1213
B-Engrossed
House Bill 2380
Ordered by the House April 3
Including House Amendments dated March 21 and April 3
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Oregon Association Chiefs of Police)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes any city with population of 30,000 or more and City
of Newberg to use photo red light. Limits number of intersections
where city may operate photo red light cameras. Provides that
photographs may be submitted into evidence only to prove or
disprove failure to obey traffic control device.
Takes effect December 30, 2001.
A BILL FOR AN ACT
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
(C) The process of administration of the { - project - }
{ + use of cameras + }.
(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. + }
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