Chapter 397 Oregon Laws 2003

AN ACT

SB 179

Relating to school zones; creating new provisions; and amending ORS 811.105, 811.106, 811.123, 811.124 and 811.235.

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

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS chapter 801.

SECTION 2. (1) “School zone” means both of the following:

(a) A specific segment of highway that is adjacent to school grounds and that is marked by signs described in subsection (2) of this section.

(b) A crosswalk that is not adjacent to school grounds and that is marked by signs described in subsection (2) of this section.

(2) Signs marking a school zone may include any words, symbols or combination of words and symbols that gives notice of the presence of the school zone.

SECTION 3. Section 4 of this 2003 Act is added to and made a part of ORS chapter 811.

SECTION 4. (1) A person commits the offense of violating the speed limit in a school zone if the person drives a motor 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 section 2 (1)(a) of this 2003 Act that is contiguous to a segment of highway on which:

(A) There is a posted speed of 30 miles per hour or less;

(B) There is a speed limit of 30 miles per hour or less; or

(C) 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 section 2 (1)(a) of this 2003 Act that is contiguous to a segment of highway on which:

(A) There is a posted speed greater than 30 miles per hour;

(B) There is a speed limit greater than 30 miles per hour; or

(C) 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 section 2 (1)(b) of this 2003 Act.

(2) The offense described in this section, violating the speed limit in a school zone, is punishable as provided in ORS 811.109.

SECTION 5. ORS 811.124 is amended to read:

811.124. For purposes of [provisions of ORS 811.105 and 811.123 dealing with permissible speeds when passing school grounds or a school crosswalk] section 4 of this 2003 Act, 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.]

(1) Children are:

(a) Occupying or walking within a crosswalk described in section 2 (1)(b) of this 2003 Act; or

(b) Waiting on the curb or shoulder of the highway at a crosswalk described in section 2 (1)(b) of this 2003 Act; or

(2) A traffic patrol member provided under ORS 339.650 to 339.665 is present to assist children at a crosswalk described in section 2 (1)(b) of this 2003 Act.

SECTION 6. ORS 811.105 is amended to read:

811.105. Any speed in excess of any of the following designated speeds 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)] (c) Twenty-five miles per hour in any public park.

[(e)] (d) 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)] (e) Sixty-five miles per hour on any rural interstate highway.

[(g)] (f) Fifty-five miles per hour in locations not otherwise described in this section.

SECTION 7. 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] 811.235or section 4 of this 2003 Act, [shall] may be operated only at times when children are scheduled to arrive at or leave the school.

SECTION 8. ORS 811.123 is amended to read:

811.123. (1) A person commits the offense of violating a maximum speed limit in an urban area if the person drives a vehicle upon a highway in any city or upon a highway within an urban growth boundary that is in a county with a population greater than 100,000 at a speed greater than any 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.

[(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)] (c) Twenty-five miles per hour in any public park.

[(e)] (d) Twenty-five miles per hour on a highway in a residence district if the highway is not an arterial highway.

[(f)] (e) Sixty-five miles per hour on any rural interstate highway.

[(g)] (f) Fifty-five miles per hour in locations not otherwise described in this section.

(2) This section does not authorize speeds higher than those required for compliance with the basic speed rule.

(3) This section does not apply on a state highway.

(4) The offense described in this section, violating a maximum speed limit in an urban area, is punishable as provided in ORS 811.109.

SECTION 9. ORS 811.235 is amended to read:

811.235. (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.

(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 [passing school grounds or a school crosswalk] in a school zone, notice of the [grounds or crosswalk] 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 [in a place where they are or should be visible to a person operating a motor vehicle that is passing school grounds or a school crosswalk] 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.

Approved by the Governor June 17, 2003

Filed in the office of Secretary of State June 18, 2003

Effective date January 1, 2004

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