Relating to traffic regulation; creating new provisions; amending ORS 153.530, 390.990, 801.477, 802.200, 807.210, 809.600, 810.180, 811.100, 811.105, 811.106, 811.108, 811.109, 811.115, 811.124, 811.425, 811.808, 818.410, 820.300 and 820.320; repealing ORS 801.453, 811.110, 811.112 and 811.123; and prescribing an effective date.

 
 
 
     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 3931
 
                           A-Engrossed
 
                         House Bill 3840
                   Ordered by the House May 25
             Including House Amendments dated May 25
 
Sponsored by Representative SIMMONS (at the request of Oregon
  State Police Officers Association)
 
 
                             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.
 
  Creates offense of violating maximum speed limit. Establishes
speed limit of   { - 75 - }   { + 65 + } miles per hour for
 { - rural - }  interstate highways  { + with lower speed limit
for trucks and buses + } and speed limit of   { - 65 - }
 { + 55 + } miles per hour for certain other highways,   { - with
lower speed limits for trucks and buses - } . Authorizes
Department of Transportation to change  { + maximum + } speed
limits under specified conditions.  { + Allows road authorities
to regulate speed in public parks and to temporarily reduce
maximum speed limit in certain situations. + }
    { - Prohibits trucks from operating in left lane of
three-lane highway except under specified conditions. Punishes by
maximum fine of $300. - }
   { +  Takes effect on 91st day following adjournment sine
die. + }
 
                        A BILL FOR AN ACT
Relating to traffic regulation; creating new provisions; amending
  ORS 153.530, 390.990, 801.477, 802.200, 807.210, 809.600,
  810.180, 811.100, 811.105, 811.106, 811.108, 811.109, 811.115,
  811.124, 811.425, 811.808, 818.410, 820.300 and 820.320;
  repealing ORS 801.453, 811.110, 811.112 and 811.123; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 811.112 to 811.135. + }
  SECTION 2.  { + (1) A person commits the offense of violating a
maximum speed limit if the person drives a vehicle upon a highway
at a speed greater than a maximum speed limit posted in
accordance with ORS 810.180 or, if no maximum speed limit is
posted, drives a vehicle at a speed greater than:
  (a) Fifteen miles per hour in an alley.
  (b) Twenty miles per hour in a business district.
  (c) Twenty miles per hour when passing school grounds or a
school crosswalk if notice of the grounds or crosswalk 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.
  (d) Twenty-five miles per hour in any public park.
  (e) Twenty-five miles per hour on a highway in a residence
district if the highway is neither an arterial nor a collector
highway.
  (f) Sixty-five miles per hour on any interstate highway.
  (g) Fifty-five miles per hour in locations not otherwise
described in this section.
  (2) Subsection (1)(f) of this section does not authorize the
driver of a motor truck or passenger transport vehicle to exceed
the maximum speed limit for motor trucks and passenger transport
vehicles established by ORS 811.115.
  (3) The offense described in this section, violating a maximum
speed limit, is punishable as provided in ORS 811.109. + }
  SECTION 3. ORS 153.530 is amended to read:
  153.530. The complaint and summons in a citation issued for the
charges specified in this section shall specify the speed at
which the defendant is alleged to have driven and the
 { + maximum + } speed   { - designated - }  { +  limit + } for
the district or location. This section applies to the following
charges:
  (1) Violation of the basic speed rule.
  (2) Violation of   { - the federal maximum speed limit - }
 { +  a statutory or posted maximum speed limit + }.
    { - (3) Violation of the maximum speed for motor trucks and
passenger transport vehicles. - }
    { - (4) Violation of the maximum speed limit for rural
interstate highways. - }
  SECTION 4. ORS 390.990 is amended to read:
  390.990. (1) Subject to ORS 153.022, any person, firm or
corporation violating any of the laws or rules described in this
subsection commits a Class A violation. This subsection applies
to a violation of the following:
  (a) ORS 390.678.
  (b) Any rule adopted under ORS 390.124.
  (c) Any rule adopted under ORS 390.340.
  (2) Subject to ORS 153.022, violation of any provision of ORS
390.640 or 390.705, or any rule adopted under such statutes, is
punishable, upon conviction, by a fine not exceeding $500 or
imprisonment in the county jail for not more than six months, or
both.
  (3) Each day a violation of ORS 390.640 or 390.705 continues
shall be considered a separate offense.
  (4) Subject to ORS 153.022, violation of any rule adopted under
ORS 390.845 is a Class A violation.
  (5) Notwithstanding any other provision of this section,
violation of any rule adopted under this chapter for the
regulation of vehicle speed in parks, including violations of
rules relating to driving vehicles at a speed greater than a
posted speed limit or greater than is reasonable and prudent, are
subject to the same penalties as provided in ORS 811.109 for
violation of a   { - specific - }   { + statutory maximum + }
speed limit imposed under law or violation of a posted
 { + maximum + } speed limit.
  SECTION 5. ORS 801.477 is amended to read:
  801.477. 'Serious traffic violation' means a violation, while
operating a commercial motor vehicle, of:
  (1) Any law establishing a  { + maximum + } speed limit, if the
person is operating the vehicle 15 miles per hour or more above
the
  { - posted - }  { +  maximum speed + } limit.
    { - (2) The basic speed rule established in ORS 811.100 if
the person is operating the vehicle 15 miles per hour or more
above the speeds designated in ORS 811.105 as prima facie
evidence of violation of the basic speed rule. - }
    { - (3) - }  { +  (2) + } ORS 811.140, reckless driving.
    { - (4) - }  { +  (3) + } ORS 811.305, driving on the left on
a curve or grade or at an intersection or rail crossing.
    { - (5) - }  { +  (4) + } ORS 811.370, failure to drive
within a lane.
    { - (6) - }  { +  (5) + } ORS 811.410, unsafe passing on the
left.
    { - (7) - }  { +  (6) + } ORS 811.415, unsafe passing on the
right.
    { - (8) - }  { +  (7) + } ORS 811.485, following too closely.
    { - (9) - }  { +  (8) + } Any law relating to motor vehicle
traffic control if the violation is connected to a fatal
accident. This subsection does not apply to violations of parking
laws or laws regulating vehicle weight or equipment.
    { - (10) - }  { +  (9) + } A notice issued by any duly
authorized representative of the Department of Transportation
requiring either a driver or a vehicle to be taken out of
service.
    { - (11) - }  { +  (10) + } Any law of another jurisdiction
that corresponds to an Oregon law described in this section.
  SECTION 6. ORS 802.200 is amended to read:
  802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
  (1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
  (a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
  (A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
  (B) The name of any lessor of the vehicle;
  (C) The vehicle description; and
  (D) Whether a certificate of title was issued for the vehicle.
  (b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed even
if ORS 803.015 requires that the title does not indicate that the
vehicle is reconstructed.
  (c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
  (d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
  (e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
  (f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
  (2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
  (3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
 
records concerning the titling of vehicles. The records under
this subsection shall include the following:
  (a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
  (A) The registration plate number assigned by the department to
the vehicle;
  (B) The name of the vehicle owner;
  (C) The vehicle description and vehicle identification number;
and
  (D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
  (b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
  (4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
  (a) The person's application for a vehicle dealer certificate.
  (b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
  (c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
  (5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
  (6) The department shall maintain records on each manufactured
structure. The records required under this subsection shall
contain all of the following:
  (a) The permanent registration plate number required under ORS
803.520.
  (b) All transfers of ownership occurring after January 1, 1972.
  (c) All movements indicated by trip permits filed with the
department.
  (d) Information on manufactured structures subject to an
exemption under ORS 820.510 that the department determines
necessary.
  (7) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
  (8) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
  (9) The department shall maintain suitable records of driver
licenses and driver permits. The records required under this
subsection shall include all of the following:
  (a) An index by name and number.
  (b) Supporting documentation of all licenses or driver permits
issued.
  (c) Every application for a driver license or driver permit.
  (d) All licenses or driver permits that have been suspended or
revoked.
  (e) For each commercial driver license, the social security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
  (10) The department shall maintain a two-part driving record
consisting of an employment driving record and a nonemployment
driving record for each person as required under this subsection.
All of the following apply to the records required under this
subsection:
  (a) The department shall maintain driving records on:
  (A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
  (B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
  (C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
  (D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
  (b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents in which
the person is involved, all suspensions of driving privileges
required to be placed on the record under ORS 809.280, all
suspensions of the person's commercial driver license that result
from operation or use of a commercial motor vehicle and all
convictions of the person for violation of motor vehicle laws
except convictions for offenses requiring mandatory revocation or
suspension of driving privileges under ORS 809.410 and 813.400,
but shall include only such accidents, suspensions and
convictions that occur while the person is driving a motor
vehicle:
  (A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
  (B) Carrying persons or property for compensation;
  (C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
  (D) That is an authorized emergency vehicle;
  (E) That is a commercial motor vehicle; or
  (F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
  (c) The nonemployment driving record shall include the
person's:
  (A) Motor vehicle accidents;
  (B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
  (C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100  { - , 811.110, 811.112 - }  or
811.115  { +  or section 2 of this 2001 Act + }, the speed at
which the person was convicted of traveling and the   { - posted
or designated - }  { +  maximum + } speed { +  limit + }; and
  (D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
  (d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
  (e) When a person from another jurisdiction applies for a
driver license or permit issued by this state, the department
shall request a copy of the person's driving record from the
other jurisdiction. At the time the person is issued a license in
Oregon, the record from the other jurisdiction shall become part
of the driver's record in this state with the same force and
effect as though entered on the driver's record in this state in
the original instance. The department by rule may specify methods
for converting entries from out-of-state records for use in
Oregon.
  (f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
  (g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation.  If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
  (11) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
  (12) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
  (13) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
  (14) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
  (a) A description of the vehicle sufficient to identify the
vehicle.
  (b) The person to whom the permit was issued.
  (c) When the permit was issued.
  (d) The type of permit issued.
  (e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
  (f) Any other information the department determines appropriate
or convenient.
  SECTION 7. ORS 807.210 is amended to read:
  807.210. The Department of Transportation shall provide for
issuance of disability golf cart driver permits in a manner
consistent with this section. A disability golf cart driver
permit grants the driving privileges provided in this section or
under the permit. Except as otherwise provided in this section, a
disability golf cart driver permit is subject to the fees,
provisions, conditions, prohibitions and penalties applicable to
a Class C license. The following apply to a disability golf cart
driver permit:
  (1) The department shall issue a disability golf cart driver
permit only to persons with ambulatory disabilities.
  (2) The department shall issue a disability golf cart driver
permit to an applicant who would not qualify for a license
because of the person's disability if the department determines
that the person's disability does not prevent the person from
reasonable and ordinary control of vehicles operated under the
permit when operated as allowed under the permit.
  (3) In addition to any other restrictions placed on the permit
by the department, the permit only grants driving privileges for
the operation of golf carts or substantially similar vehicles on
roads or streets in an area with a   { - speed designation - }
 { + maximum speed limit + } not greater than 25 miles per hour.
  (4) The department may require an applicant for the permit to
demonstrate that the applicant is qualified to safely exercise
 
the driving privileges granted under a disability golf cart
driver permit notwithstanding the disability of the person.
  (5) The fees for issuance or renewal of a disability golf cart
driver permit are the disability golf cart driver permit issuance
or renewal fees established under ORS 807.370. This subsection
only affects the fees payable for issuance and renewal and is not
an exemption from payment of other fees payable at the time of
issuance and renewal of a license.
  (6) A person with a disability golf cart driver permit who
commits the offense of violation of license restrictions under
ORS 807.010 by driving on a road or street in an area with a
 { - speed designation - }   { + maximum speed limit + } greater
than 25 miles per hour commits a Class D traffic violation.
  SECTION 8. ORS 809.600 is amended to read:
  809.600. This section establishes the number and kind of
offenses necessary to revoke the driving privileges of a person
as a habitual offender under ORS 809.640. The number and kind of
offenses necessary to revoke driving privileges as a habitual
offender are as follows:
  (1) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has
been convicted of three or more of any one or more of the
following offenses as evidenced by the records maintained by the
Department of Transportation or by the records of a similar
agency of another state:
  (a) Any degree of murder, manslaughter, criminally negligent
homicide, assault, recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle.
  (b) Driving while under the influence of intoxicants under ORS
813.010.
  (c) Criminally driving a motor vehicle while suspended or
revoked, under ORS 811.182.
  (d) Reckless driving under ORS 811.140.
  (e) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
  (f) Fleeing or attempting to elude a police officer under ORS
811.540.
  (2) A person's driving privileges shall be revoked as a
habitual offender if the person, within a five-year period, has
been convicted of 20 or more of any one or more of the following
offenses as evidenced by the records maintained by the department
or by a similar agency of another state:
  (a) Any offenses enumerated in subsection (1) of this section.
  (b) Any offense under ORS 811.010 to 811.050, 811.100, 811.112
to 811.135,   { - 811.123, - }  811.145 to 811.170, 811.175,
811.190 to 811.205, 811.260 to 811.390, 811.400 to 811.435,
811.445, 811.455, 811.460, 811.470 to 811.485, 811.495 to
811.510, 811.515 (1), (2), (6) and (12), 811.535, 811.565,
811.710, 814.130, 814.150, 814.200 to 814.220, 814.250, 814.320,
815.232, 815.270, 820.220 or 820.320.
  (3) A person's driving privileges shall not be revoked under
subsection (2) of this section until the person's 21st conviction
within a five-year period when the 20th conviction occurs after a
lapse of two years or more from the last preceding conviction.
  (4) The offenses described under this section include any of
the following:
  (a) Any violation of a traffic ordinance of a city, municipal
or quasi-municipal corporation that substantially conforms to
offenses described under this section.
  (b) Any violation of offenses under any federal law or any law
of another state, including subdivisions thereof, that
substantially conforms to offenses described in this section.
  SECTION 9. ORS 810.180 is amended to read:
  810.180.   { - This section grants authority to establish
speeds for operation of a vehicle upon a highway and speeds that
are different from those established under ORS 811.105 as
evidence of violation of the basic speed rule under ORS 811.100.
Speed limits established under this section are subject to the
conditions described in the subsection granting authority to
establish the speed limit, as follows: - }
    { - (1) The Department of Transportation may establish a
maximum speed limit that is applicable to the operation of all
vehicles upon all highways in this state unless a different
maximum speed limit for certain vehicles or on certain highways
is specifically provided by law. A speed limit established under
this subsection is subject to all of the following: - }
    { - (a) A speed limit established by this section shall be
known as the federal maximum speed limit. - }
    { - (b) The department may establish a speed limit under this
subsection when the Oregon Transportation Commission determines
that there is a critical need to conserve fuel because of current
or imminent fuel shortages and that limiting the maximum speeds
of vehicles will significantly conserve motor fuel or when the
department determines that establishing a speed limit under this
subsection is a necessary condition to the receipt of federal
highway funds. - }
    { - (c) The department may not establish a maximum speed
limit of more than 55 miles per hour under this subsection. - }
    { - (d) A maximum speed limit established under this
subsection is subject to ORS 811.108 regarding relationships
among certain provisions of law governing speed. - }
    { - (e) A maximum speed established under this subsection may
not be raised by any authority granted under any other subsection
in this section. - }
    { - (f) Violation of a speed limit established under this
subsection is punishable as provided under ORS 811.110. - }
    { - (2) The department may override the maximum speed limit
established for ocean shores under ORS 811.120 and establish a
maximum speed limit of less than 25 miles per hour on any
specified section of ocean shore if the department determines
that the maximum speed limit established under ORS 811.120 is
greater than is reasonable or safe under the conditions that
exist with respect to that part of the ocean shore. The authority
granted under this subsection is subject to all of the
following: - }
    { - (a) The department may make the determination required
under this subsection only on the basis of an investigation. - }
    { - (b) A speed limit established under this subsection is
effective when posted upon appropriate fixed or variable
signs. - }
    { - (c) A speed limit established under this subsection does
not authorize speeds higher than those required for compliance
with the basic speed rule under ORS 811.100. - }
    { - (d) Penalties for violation of a speed limit established
under this subsection are as provided in ORS 811.120. - }
    { - (3) The department may override the maximum speed limit
established for rural interstate highways under ORS 811.112 on
any specified section of rural interstate highway if the
department determines that the maximum speed limit established
under ORS 811.112 is greater than is reasonable or safe with
respect to the conditions that exist with respect to that part of
the rural interstate highway. - }
    { - (4) Each road authority, with respect to its own highways
or streets may reduce designated or maximum speed limits of
vehicles as necessary, in its judgment, to protect any highway or
section thereof from being unduly damaged or to protect the
safety of the public when hazards are created by road conditions.
The following apply to the authority granted under this
subsection: - }
 
 
    { - (a) Speeds may be reduced only for a specific period of
time or temporarily for a specific class or type of vehicle that
is causing an identified damage to highways. - }
    { - (b) This subsection shall not be used to establish any
permanent speed reduction. If a permanent speed reduction is
required, it may be imposed only under the procedures established
under this section for permanently establishing a speed
reduction. - }
    { - (c) The authority granted by this subsection may be
exercised only if the ordinance or order, as appropriate, that
imposes the speed reduction specifies the hazard or damage and is
effective only for a specified time that corresponds to the
hazard or damage identified. - }
    { - (d) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100. - }
    { - (e) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof. - }
    { - (5) Each road authority, with respect to its own highways
or streets, may designate speeds for vehicles upon any portion of
the highway or street upon which temporary conditions
constituting a danger to the public exist or above, below or upon
which construction or maintenance work is being carried on so
close to the roadway as to be a danger to passing traffic or to
be endangered by passing traffic. The following apply to this
subsection: - }
    { - (a) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100. - }
    { - (b) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof. - }
    { - (6) Road authorities may regulate the speed of vehicles
in parks under their jurisdiction. A road authority regulating
the speed of vehicles under this subsection shall place and
maintain signs at all park entrances to give notice of any
special speed regulation. - }
    { - (7) The department may designate a speed on any state
highway or section thereof that is different from a speed
designated as prima facie evidence under ORS 811.105 of violation
of the basic speed rule under ORS 811.100 if the department
determines that the speed designated under ORS 811.105 is greater
or less than is reasonable or safe under conditions the
department finds to exist. The authority granted under this
subsection is subject to all of the following: - }
    { - (a) The department shall designate under this subsection
only speeds that the department determines are reasonable and
safe on the highway under the conditions the department finds to
exist. - }
    { - (b) The department may exercise the authority under this
subsection only on state highways that are outside the corporate
limits of any city. - }
 
    { - (c) The department shall exercise authority granted under
this subsection only if such action is based upon an engineering
and traffic investigation. - }
    { - (d) Penalties for violation of a speed designated under
this subsection are provided under ORS 811.100 and 811.105. - }
    { - (e) A speed designated under this subsection is effective
when appropriate signs giving notice of the speed limit are
erected upon the highway where the limit is imposed. - }
    { - (8) The department, by rule, may designate reasonable and
safe speeds on highways or portions of highways. The authority
granted under this subsection includes, but is not limited to,
authority to establish different speeds for different kinds or
classes of vehicles as the department determines reasonable and
safe. The authority granted under this subsection is subject to
all of the following: - }
    { - (a) The department, by rule, may delegate its authority
under this subsection with respect to highways that are low
volume or not hard surfaced to a city or county with jurisdiction
over the highway. The department shall delegate authority under
this paragraph only if it determines that the city or county will
exercise the authority according to criteria adopted by the
department. - }
    { - (b) Penalties for violation of a speed established under
this subsection are provided under ORS 811.100 and 811.105. - }
    { - (c) The department shall use procedures established by
rule to establish speeds under this subsection. - }
    { - (d) A speed established under this subsection is
effective when appropriate signs giving notice thereof are
erected upon the highway or section of highway. All signs erected
under this paragraph shall comply with ORS 810.200. - }
    { - (e) The expense of erecting any sign under this
subsection shall be borne by the road authority having
jurisdiction over the highway. - }
    { - (f) The department, by rule, may designate a speed on a
highway or section thereof after a request is received from the
road authority for a highway. The application required under this
subsection must state a recommended speed. The department may
determine the speed to designate under its authority based on an
engineering and traffic investigation. The department: - }
    { - (A) May change the existing speed on the highway if the
department determines that the designated speed is greater or
less than reasonable or safe under conditions the department
finds to exist. - }
    { - (B) Shall not make a final determination to change a
speed under this subsection without providing the affected road
jurisdiction due notice and opportunity for a hearing. The
department shall give written notice of its determination
concerning a designated speed under this subsection. - }
    { - (g) A road authority may file written objections to any
speed that is established by the department under this subsection
and that affects the road authority. - }
    { - (9) The department may establish an emergency speed on
any highway under the jurisdiction of the department that is
different from the existing speed on the highway. The authority
granted under this subsection is subject to all of the
following: - }
    { - (a) Penalties for violation of a speed established under
this subsection are provided under ORS 811.100 and 811.105. - }
    { - (b) A speed established under this subsection is
effective when appropriate signs giving notice thereof are
erected upon the highway or section of highway. All signs erected
under this subsection shall comply with ORS 810.200. - }
    { - (c) The expense of erecting any sign under this
subsection shall be borne by the road authority having
jurisdiction over the highway. - }
 
    { - (d) A speed established under this subsection may be
effective for not more than 120 days. - }
    { - (e) If the department establishes an emergency temporary
speed under this subsection, the department shall, within 120
days after the speed becomes effective, determine whether the
department should permanently change the speed. The department
shall use authority otherwise granted under this section if the
department determines that the speed should be established
permanently. - }
    { - (f) The department may establish a speed under this
subsection only upon the application of the road authority for
the highway. - }
    { - (10) The department may supersede a maximum speed limit
established for urban areas under ORS 811.123 and designate a
speed greater or less than one specified in ORS 811.123 on any
specified section of a highway in an urban area if the department
determines that a maximum speed limit established under ORS
811.123 is not reasonable or safe with respect to that part of
the highway. A designated speed established under this subsection
is effective when appropriate signs giving notice thereof are
erected on the affected section of highway. - }
   { +  (1) The Department of Transportation by rule may
establish a maximum speed limit on any portion of an interstate
highway or of a state highway outside city limits that is
different from a maximum speed limit established in section 2 of
this 2001 Act. A speed limit established under this subsection is
subject to all of the following:
  (a) The department may not establish a maximum speed limit
under this subsection of more than:
  (A) Sixty miles per hour for motor trucks and passenger
transport vehicles described in ORS 811.115; and
  (B) Seventy miles per hour for all other vehicles.
  (b) The department may establish a maximum speed limit under
this subsection only if an engineering and traffic investigation
indicates that the existing speed limit on the portion of highway
is greater or less than reasonable or safe under conditions the
department finds to exist.
  (c) In establishing a maximum speed limit under this
subsection, the department must consult with the Emergency
Medical Services and Trauma Systems Program created by ORS
431.623 and with the Department of State Police.
  (d) A maximum speed limit established under this subsection is
effective when appropriate signs giving notice of the speed limit
are posted on the portion of highway where the limit is imposed.
  (2) After a request is received from the road authority for a
highway other than a highway described in subsection (1) of this
section, the department, by rule, may establish a maximum speed
limit on any portion of the highway that is different from a
maximum speed limit established in section 2 of this 2001 Act.
The authority granted under this subsection includes, but is not
limited to, authority to establish different maximum speed limits
for different kinds or classes of vehicles as the department
determines reasonable and safe. The authority granted under this
subsection is subject to all of the following:
  (a) A request from a road authority must state a recommended
maximum speed limit.
  (b) The department may establish a maximum speed limit under
this subsection only if an engineering and traffic investigation
indicates that the existing speed limit on the portion of highway
is greater or less than reasonable or safe under conditions the
department finds to exist.
  (c) The department may not make a final decision to establish a
maximum speed limit under this subsection without providing the
affected road authorities with notice and opportunity for a
hearing.
 
  (d) A road authority may file with the department written
objections to any maximum speed limit that is proposed by the
department under this subsection and that affects the road
authority.
  (e) A maximum speed limit established under this subsection is
effective when appropriate signs giving notice of the speed limit
are posted on the portion of highway where the limit is imposed.
The expense of erecting any sign under this subsection shall be
borne by the road authority having jurisdiction over the portion
of highway.
  (f) The department, by rule, may delegate its authority under
this subsection with respect to a highway that is low volume or
not hard surfaced to a city or county with jurisdiction over the
highway. The department shall delegate authority under this
paragraph only if it determines that the city or county will
exercise the authority according to criteria adopted by the
department.
  (3) The department may override the maximum speed limit
established for ocean shores under ORS 811.120 and establish a
maximum speed limit of less than 25 miles per hour on any
specified section of ocean shore if the department determines
that the maximum speed limit established under ORS 811.120 is
greater than is reasonable or safe under the conditions that
exist with respect to that part of the ocean shore. The authority
granted under this subsection is subject to all of the following:
  (a) The department may make the determination required under
this subsection only on the basis of an investigation.
  (b) A speed limit established under this subsection is
effective when posted upon appropriate fixed or variable signs.
  (4) Road authorities may regulate the speed of vehicles in
public parks under their jurisdiction. A road authority
regulating the speed of vehicles under this subsection shall
place and maintain signs at all park entrances to give notice of
any special speed limit.
  (5) Each road authority, with respect to its own highways or
streets, may temporarily reduce maximum speed limits of vehicles
as necessary, in its judgment, to protect any portion of highway
from being unduly damaged, to protect the safety of the public or
to protect the safety of construction and maintenance workers.
The following apply to the authority granted under this
subsection:
  (a) Speed limits may be reduced only:
  (A) For a specific period of time for all vehicles; or
  (B) For a specific period of time for a specific class or type
of vehicle that is causing an identified damage to highways.
  (b) This subsection may not be used to establish any permanent
speed limit reduction. If a permanent speed limit reduction is
required, it may be imposed only under the procedures established
under subsections (1) and (2) of this section for establishing a
speed limit.
  (c) The authority granted by this subsection may be exercised
only if the ordinance or order that imposes the speed limit
reduction:
  (A) Specifies the hazard, damage or other condition requiring
the reduction; and
  (B) Is effective only for a specified period of time that
corresponds to the hazard, damage or other condition identified.
  (d) A speed limit imposed under this subsection must be imposed
by a proper ordinance or order. A sign giving notice of the speed
limit must be posted at each end of the portion of highway
affected by the speed limit and at such other places as may be
necessary to inform the public. The speed limit shall be
effective when the signs giving notice thereof are posted. + }
  SECTION 10. ORS 811.100 is amended to read:
  811.100. (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) - }  { +  (3) + } This section   { - and ORS 811.105
establish limitation - }  { + establishes limitations + } on
speeds that are in addition to  { +  statutory and posted + }
maximum   { - speeds - }  { +  speed limits. + }
 { - established and subject to penalty as described in the
following: - }
    { - (A) A federal maximum speed limit under ORS 811.110. - }
    { - (B) Maximum speeds for motor trucks and passenger
transport vehicles under ORS 811.115. - }
    { - (C) Maximum speeds on ocean shores under ORS 811.120. - }
 
    { - (D) A maximum speed limit for rural interstate highways
under ORS 811.112. - }
    { - (E) A maximum speed limit in an urban area under ORS
811.123. - }
    { - (3) - }   { + (4) + } The offense described in this
section, violating the basic speed rule, is   { - punishable in
the same manner as provided in ORS 811.109 for violation of a
specific speed limit imposed under law or for violation of a
posted speed limit - }  { +  a Class B traffic violation + }.
  SECTION 11. ORS 811.105 is amended to read:
  811.105. Any speed in excess of   { - any of the following
designated speeds - }  { +  a statutory or posted maximum speed
limit  + }is prima facie evidence of violation of the basic speed
rule under ORS 811.100 { + . + }  { - : - }
    { - (1) Any speed posted by authority granted under ORS
810.180. - }
    { - (2) If no speed is posted, any speed in excess of one of
the following designated 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 miles per hour when passing school grounds or
a school crosswalk if notice of the grounds or crosswalk 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. - }
    { - (d) Twenty-five miles per hour in any public park. - }
    { - (e) Twenty-five miles per hour on a highway in a
residence district if: - }
    { - (A) The residence district is not located within a city
or within an urban growth boundary that is in a county with a
population greater than 100,000; and - }
    { - (B) The highway is neither an arterial nor a collector
highway. - }
    { - (f) Sixty-five miles per hour on any rural interstate
highway. - }
    { - (g) Fifty-five miles per hour in locations not otherwise
described in this section. - }
  SECTION 12. ORS 811.106 is amended to read:
  811.106. 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   { - 811.105, 811.123
or - }  811.235  { +  or section 2 of this 2001 Act + } shall be
operated only at times when children are scheduled to arrive at
or leave the school.
  SECTION 13. ORS 811.108 is amended to read:
  811.108. (1)   { - The federal maximum speed limit, the maximum
speed limit for motor trucks and passenger transport vehicles and
the maximum speed limit for rural interstate highways - }  { +
Statutory maximum speed limits and posted maximum speed
limits + } 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 by the federal maximum speed limit, the
maximum speed limit for motor trucks and passenger transport
vehicles or the maximum speed limit for rural interstate
highways - }  { + those authorized by statutory maximum speed
limits and posted maximum speed limits + }.
  SECTION 14. ORS 811.109 is amended to read:
  811.109. (1) Violation of a   { - specific - }  { +  statutory
maximum + } speed limit   { - imposed under law - }  or of a
posted  { + maximum + } 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
 { +  maximum + } speed limit is   { - 65 - }  { +  at least
60 + } miles per hour { + , violation of the maximum speed limit
is punishable as follows:
  (a) One to 10 miles per hour in excess of the speed limit is a
Class C traffic violation.
  (b) 11 to 20 miles per hour in excess of the speed limit is a
Class B traffic violation.
  (c) Over 20 miles per hour in excess of the speed limit is a
Class A traffic violation. + }   { - and: - }
    { - (a) The person is exceeding 65 miles per hour but not
exceeding 75 miles per hour, the offense is a Class C traffic
violation. - }
    { - (b) The person is exceeding 75 miles per hour but not
exceeding 85 miles per hour, the offense is a Class B traffic
violation. - }
    { - (c) The person is exceeding 85 miles per hour, the
offense is a Class A traffic violation. - }
  SECTION 15. ORS 811.115 is amended to read:
  811.115. (1) A person commits the offense of violation of the
maximum speed { +  limit + } for motor trucks and passenger
transport vehicles if the person drives any of the following
vehicles at a speed greater than 55 miles per hour on any
highway { +  or greater than 60 miles per hour where authorized
by the Department of Transportation under ORS 810.180 (1) + }:
  (a) A motor truck or 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).
  (2) This section does not apply to ambulances.
  (3) The offense described in this section, violation of
 { + the + } maximum speed  { + limit + } for motor trucks and
passenger transport vehicles, is punishable as provided in ORS
811.109.
  SECTION 16. ORS 811.124 is amended to read:
  811.124. For purposes of provisions of   { - ORS 811.105 and
811.123 - }   { + section 2 of this 2001 Act + } dealing with
 { - permissible speeds - }   { + the maximum speed limit + }
when passing school grounds or a school crosswalk, children are
present at any time and on any day when children are in a place
where they are or can reasonably be expected to be visible to a
person operating a motor vehicle that is passing a school ground
or a school crosswalk.
  SECTION 17. ORS 811.425 is amended to read:
  811.425. (1) A person commits the offense of failure of a
slower driver to yield to overtaking vehicles 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 designated speed under ORS 811.105 - }
 { +  the maximum speed limit + };
  (b) The driver of the overtaking vehicle is proceeding at a
speed in conformity with   { - ORS 811.105 - }  { +  the maximum
speed limit + };
  (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.
  SECTION 18. ORS 811.808 is amended to read:
  811.808. Notwithstanding ORS   { - 811.110, 811.112, 811.122
or - } 811.295 { +  or section 2 of this 2001 Act + }, while
overtaking the funeral procession in order to direct traffic at
the next intersection, the funeral escort vehicle may exceed the
 { - posted - }  { + maximum + } speed limit by 10 miles per hour
and may cross the center line of a roadway that is divided into
two or more lanes.
  SECTION 19. ORS 818.410 is amended to read:
  818.410. The owner and driver of anything using a state, county
or city highway, street or bridge in violation of the sections
described in this section are jointly and severally liable to the
state, county or city for all damage done as a result of the
violation. Liability to the state, county or city depends upon
whether it is a state, county or city highway, street or bridge.
This section applies to a violation of any of the following:
  (1) Maximum weight limits under ORS 818.020.
  (2) Posted weight limits under ORS 818.040.
  (3) Maximum size limits under ORS 818.090.
  (4) Maximum number of vehicles in combination under ORS
818.110.
  (5) Posted limits on use of roads under ORS 818.130.
  (6) Towing safety requirements under ORS 818.160.
  (7) Sifting or leaking load prohibition under ORS 818.300.
  (8) Dragging object prohibition under ORS 818.320.
  (9) Devices without wheels under ORS 815.155.
  (10) Use of prohibited metal objects on tires under ORS
815.160.
  (11) Operation without pneumatic tires under ORS 815.170.
 
  (12) Operation in violation of variance permit under ORS
818.340.
  (13) Temporarily reduced   { - speeds - }  { +  speed
limits + } established by a road authority under ORS 810.180
 { - because of road hazards or construction - } .
  (14) Exclusive use lanes established under ORS 810.140.
  SECTION 20. ORS 820.300 is amended to read:
  820.300. (1) Subject to conditions, limitations, prohibitions
and penalties established for emergency vehicle and ambulance
drivers under ORS 820.320, the driver of an emergency vehicle or
ambulance may do any of the following:
  (a) Park or stand in disregard of a statute, regulation or
ordinance prohibiting that parking or standing.
  (b) Proceed past a red signal or stop sign.
  (c) Exceed the   { - designated - }   { + maximum + } speed
limits.
  (d) Disregard regulations governing direction of movement or
turning in specified directions.
  (e) Proceed past the flashing bus safety lights without
violating ORS 811.155 if the driver first stops the vehicle and
then proceeds only when the driver:
  (A) Determines that no passengers of the bus remain on the
roadway; and
  (B) Proceeds with caution.
  (2) The provisions of this section:
  (a) Do not relieve the driver of an emergency vehicle or
ambulance from the duty to drive with due regard for the safety
of all other persons.
  (b) Are not a defense to the driver of an emergency vehicle or
ambulance in an action brought for criminal negligence or
reckless conduct.
  (c) Except as specifically provided in this section, do not
relieve the driver of an emergency vehicle or ambulance from the
duty to comply with ORS 811.155.
  SECTION 21. ORS 820.320 is amended to read:
  820.320. (1) A person commits the offense of illegal operation
of an emergency vehicle or ambulance if the person is the driver
of an emergency vehicle or ambulance and the person violates any
of the following:
  (a) The driver of an emergency vehicle or ambulance may only
exercise privileges granted under ORS 820.300 when responding to
an emergency call or when responding to, but not upon returning
from, an emergency. The driver of an emergency vehicle may
exercise privileges granted under ORS 820.300 when in pursuit of
an actual or suspected violator of the law.
  (b) The driver of an emergency vehicle or ambulance must use a
visual signal with appropriate warning lights when the driver is
exercising privileges granted under ORS 820.300.
  (c) In addition to any required visual signal, the driver of an
emergency vehicle or ambulance must make use of an audible signal
meeting the requirements under ORS 820.370 when the driver is
proceeding past a stop light or stop sign under privileges
granted by ORS 820.300 (1)(b).
  (d) A driver of an emergency vehicle or ambulance who is
exercising privileges granted under ORS 820.300 by parking or
standing an emergency vehicle in disregard of a regulation or
ordinance prohibiting that parking, stopping or standing, shall
not use the audible signal.
  (e) In exercising the privileges under ORS 820.300 (1)(e)
relating to buses and bus safety lights, the driver of an
emergency vehicle or ambulance must first stop the vehicle and
then must:
  (A) Determine that no passengers of the bus remain on the
roadway; and
  (B) Proceed with caution.
 
  (f) In proceeding past any stop light or stop sign under the
privileges granted by ORS 820.300, the driver of an emergency
vehicle or ambulance must slow down as may be necessary for safe
operation.
  (g) The driver of an emergency vehicle or ambulance must not
exceed any   { - designated - }   { + maximum + } speed limit to
an extent which endangers persons or property.
  (2) The driver of an emergency vehicle that is operated as an
emergency police vehicle is not required to use either visual
signal or the audible signal as described in this section in
order to exercise the privileges granted in ORS 820.300 when it
reasonably appears to the driver that the use of either or both
would prevent or hamper the apprehension or detection of a
violator of a statute, ordinance or regulation.
  (3) The offense described in this section, illegal operation of
an emergency vehicle or ambulance, is a Class B traffic
violation.
  SECTION 22.  { + ORS 801.453, 811.110, 811.112 and 811.123 are
repealed. + }
  SECTION 23.  { + The Department of Transportation shall
complete its first posting of speed limits under ORS 810.180 (1)
on interstate highways by February 1, 2002. + }
  SECTION 24.  { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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