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 3252
A-Engrossed
Senate Bill 938
Ordered by the Senate April 16
Including Senate Amendments dated April 16
Sponsored by Senator BURDICK; Senators CARTER, GEORGE, METSGER,
Representatives MERKLEY, NELSON, ROSENBAUM, ZAUNER (at the
request of Willamette Pedestrian Coalition)
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.
Requires driver to stop and remain stopped for pedestrian in
crosswalk where there is no traffic control device. Punishes by
maximum $300 fine.
Requires driver to stop and remain stopped for student in or
entering crosswalk. Punishes by maximum $600 fine.
Requires driver to stop for pedestrian when driver makes turn
at red light and pedestrian is lawfully in adjacent crosswalk.
Punishes by maximum $300 fine.
Requires driver to stop for pedestrian proceeding under traffic
control device. Punishes by maximum $300 fine.
Specifies required stopping points for intersections with and
without marked crosswalks.
A BILL FOR AN ACT
Relating to pedestrians; amending ORS 811.010, 811.015, 811.040,
811.045, 811.260 and 811.360.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 811.010 is amended to read:
811.010. { - (1) The driver of a vehicle commits the offense
of failure to yield to a pedestrian in a crosswalk if: - }
{ - (a) A pedestrian is crossing a roadway within a marked or
unmarked crosswalk where there are no traffic control devices in
place or in operation; and - }
{ - (b) The driver does not stop before entering the
crosswalk and yield the right of way to the pedestrian when the
pedestrian is: - }
{ - (A) Approaching so closely to the half of the roadway
along which the driver is proceeding so as to be in a position of
danger by closely approaching or reaching the center of the
roadway; or - }
{ - (B) On the half of the roadway on and along which the
driver is proceeding. - }
{ + (1) The driver of a vehicle commits the offense of
failure to stop and remain stopped for a pedestrian in a
crosswalk if the driver does not stop and remain stopped for a
pedestrian who:
(a) Is crossing a roadway within a marked or unmarked crosswalk
where there is no traffic control device in place or in
operation; and
(b) Is either in the lane in which the driver's vehicle is
traveling or in a lane adjacent to the lane in which the driver's
vehicle is traveling. + }
(2) This section does not require a driver to stop and
{ - yield the right of way to - } { + 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.
(3) The offense described in this section, failure to
{ - yield to - } { + stop and remain stopped for + } a
pedestrian in a crosswalk, is a Class B traffic violation.
SECTION 2. ORS 811.015 is amended to read:
811.015. (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 { - yield the right of way
to - } { + 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.
SECTION 3. ORS 811.040 is amended to read:
811.040. (1) The driver of a vehicle commits the offense of
failure to { - yield to - } { + stop for + } a pedestrian
proceeding under { + a + } traffic control { - devices - }
{ + device + } if the driver does not { - yield the right of
way to - } { + stop for + } a pedestrian who is:
(a) Proceeding under a pedestrian control signal under ORS
814.010.
(b) Lawfully within an intersection or crosswalk in accordance
with any traffic control device in a manner that complies with
ORS 814.010.
(2) The offense described in this section, failure to
{ - yield to - } { + stop for + } a pedestrian proceeding
under { + a + } traffic control
{ - devices - } { + device + }, is a Class B traffic
violation.
SECTION 4. ORS 811.045 is amended to read:
811.045. (1) A person commits the offense of failure to
{ - yield to - } { + stop for + } a pedestrian when making a
turn at a stop light if the person is driving a vehicle that is
making a turn at a red light permitted under ORS 811.335 and the
person does not
{ - yield the right of way to - } { + stop for a + }
{ - pedestrians - } { + pedestrian + } lawfully within an
adjacent crosswalk.
(2) The offense described in this section, failure to
{ - yield to - } { + stop for + } a pedestrian when making a
turn at a stop light, is a Class B traffic violation.
SECTION 5. ORS 811.260 is amended to read:
811.260. 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 { - none - } { + 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 { - none - } { +
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
{ - none - } { + there is no marked crosswalk + }, then before
entering the intersection. The driver shall remain
{ - standing - } { + 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,
{ - shall - } { + 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
{ - none - } { + there is no marked crosswalk + }, then
before entering the intersection. The vehicle shall remain
{ - standing - } { + 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 { - none - } { + 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 { - shall - } { + 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
{ - none - } { + 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.
SECTION 6. ORS 811.360 is amended to read:
811.360. (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 811.045 to { - yield
to pedestrians - } { + 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.
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