Chapter 819 Oregon Laws 2003

AN ACT

HB 2661

Relating to highways; creating new provisions; amending ORS 137.290, 153.530, 801.477, 802.200, 810.180, 811.100, 811.105, 811.106, 811.108, 811.109, 811.124, 811.425, 811.808, 818.410 and 819.140; and repealing ORS 801.453, 811.110, 811.112, 811.115, 811.120 and 811.123 and sections 3 and 4, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179).

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

SECTION 1. ORS 819.140 is amended to read:

819.140. (1) This section establishes which agency has the authority to remove and take vehicles into custody under ORS 819.110 and 819.120. The agency with authority for removal is responsible for notice and hearings under ORS 819.170 to 819.190 and for the sale or disposal of the vehicle under ORS 819.210 or 819.220. Authority for removal of a vehicle depends on the location of the vehicle as described under the following:

(a) If a vehicle is upon the right of way of a state highway, on an interstate highway that is part of the National System of Interstate and Defense Highways established under section 103(e), title 23, United States Code or on state property, the Department of State Police or the Department of Transportation may provide for a vehicle to be taken into custody. When the Department of State Police or the Department of Transportation exercises powers described in this section, the Department of State Police or the Department of Transportation shall notify either the sheriff or an appropriate authority of the county in which the vehicle is located. The [agency] authority notified by the Department of State Police or the Department of Transportation shall exercise the powers described in this section in lieu of the Department of State Police or the Department of Transportation and shall exercise authority over the vehicle. Action taken by the Department of State Police or the Department of Transportation under this subsection is not subject to ORS 183.310 to 183.550. The authority actually providing for the removal of the vehicle is subject to the appropriate procedures upon removal and sale or disposal of the vehicle.

(b) If the vehicle is upon the right of way of a county road or any other highway or property within the boundaries of a county, the sheriff of the county or a county agency with appropriate authority may take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section.

(c) If the vehicle is on a city street or alley, on an interstate highway or other highway within the boundaries of the city or on any other property within the boundaries of a city, the city police or a city agency with appropriate authority may take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section.

(2) Except as otherwise provided by this section, an agency taking custody of a vehicle under ORS 819.110 or 819.120 may:

(a) Use its own personnel, equipment and facilities for the removal and preservation of such vehicles; or

(b) Hire or otherwise engage other personnel, equipment and facilities for that purpose.

SECTION 2. 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) As used in this section:

(a) “Designated speed” means the speed that is designated by a road authority as the maximum permissible speed for a highway and that may be different from the statutory speed for the highway.

(b) “Statutory speed” means the speed that is established as a speed limit under section 4 of this 2003 Act, or is established as the speed the exceeding of which is prima facie evidence of violation of the basic speed rule under ORS 811.105.

(2)(a) A designated speed established under this section is a speed limit if the highway for which the speed is designated is subject to a statutory speed limit under section 4 of this 2003 Act that is in addition to the speed limit established under section 4 (1)(b) of this 2003 Act.

(b) A speed greater than a designated speed established under this section is prima facie evidence of violation of the basic speed rule if the designated speed is established for a highway on which there is no speed limit other than the limit established under section 4 (1)(b) of this 2003 Act.

(3) The Department of Transportation may establish by rule designated speeds on any specified section of interstate highway if the department determines that speed limits established under section 4 (1) of this 2003 Act are greater or less than is reasonable or safe under the conditions that exist with respect to that section of the interstate highway. Designated speeds established under this subsection are subject to all of the following:

(a) The department may not establish a designated speed under this subsection of more than:

(A) Sixty-five miles per hour for vehicles described in section 4 (1)(b) of this 2003 Act; and

(B) Seventy miles per hour for all other vehicles.

(b) If the department establishes designated speeds under this subsection that are greater than 65 miles per hour, the designated speed for vehicles described in section 4 (1)(b) of this 2003 Act may not be more than five miles per hour lower than the designated speed for all other vehicles on the specified section of interstate highway.

(c) The department may establish a designated speed under this subsection only if an engineering and traffic investigation indicates that the statutory speed for the interstate highway is greater or less than is reasonable or safe under conditions the department finds to exist.

(d) A designated speed established under this subsection is effective when appropriate signs giving notice of the designated speed are posted on the section of interstate highway where the designated speed is imposed.

(4)(a) The department may establish by rule a designated speed on a state highway outside of a city. The authority granted under this subsection includes, but is not limited to, the authority to establish different designated speeds for different kinds or classes of vehicles as the department determines reasonable and safe. A designated speed established under this subsection for any kind or class of vehicles may not exceed the speed limit for the highway for that kind or class of vehicles as established in section 4 of this 2003 Act or, if there is no speed limit for the highway other than the limit established in section 4 (1)(b) of this 2003 Act, may not exceed 55 miles per hour.

(b) The department may establish a designated speed under this subsection only if an engineering and traffic investigation indicates that the statutory speed for the highway is greater or less than is reasonable or safe under conditions the department finds to exist.

(c) A designated speed established under this subsection is effective when appropriate signs giving notice of the designated speed are posted on the portion of highway where the designated speed is imposed.

(5) After a written request is received from a road authority for a highway other than a highway described in subsection (3) or (4) of this section, the department, by rule, may establish a designated speed for the highway. The authority granted under this subsection includes, but is not limited to, the authority to establish different designated 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 written request from the road authority must state a recommended designated speed.

(c) The department may not make a final decision to establish a designated speed under this subsection without providing the affected road authorities with notice and opportunity for a hearing.

(d) A road authority may file a written objection to a designated speed that is proposed by the department under this subsection and that affects the road authority.

(e) A designated speed established under this subsection is effective when appropriate signs giving notice of the designated speed are posted on the portion of the highway where the designated speed is imposed. The expense of erecting any sign under this subsection shall be borne by the road authority having jurisdiction over the portion of the highway where the designated speed is imposed.

(f) The department, by rule, may delegate its authority under this subsection with respect to highways that are low volume or unpaved 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.

(6) The department may override the speed limit established for ocean shores under section 4 (1)(c) of this 2003 Act and establish a designated speed of less than 25 miles per hour on any specified section of ocean shore if the department determines that the speed limit established under section 4 (1)(c) of this 2003 Act 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 designated speed established under this subsection is effective when posted upon appropriate fixed or variable signs on the portion of ocean shore where the designated speed is imposed.

(7) A road authority may adopt a designated speed to regulate the speed of vehicles in parks under the jurisdiction of the road authority. A road authority regulating the speed of vehicles under this subsection shall post and maintain signs at all park entrances to give notice of any designated speed.

(8) A road authority may establish by ordinance or order a temporary designated speed for highways in its jurisdiction that is lower than the statutory speed. A temporary designated speed may be established under this subsection if, in the judgment of the road authority, the temporary designated speed is necessary to protect any portion of the highway from being unduly damaged, or to protect the safety of the public and workers when temporary conditions such as construction or maintenance activities constitute a danger. The following apply to the authority granted under this subsection:

(a) Statutory speeds may be overridden by a temporary designated speed only:

(A) For a specific period of time for all vehicles; or

(B) For a specified period of time for a specific kind or class of vehicle that is causing identified damage to highways.

(b) This subsection may not be used to establish a permanent designated speed.

(c) The authority granted by this subsection may be exercised only if the ordinance or order that imposes the temporary designated speed:

(A) Specifies the hazard, damage or other condition requiring the temporary designated speed; and

(B) Is effective only for a specified time that corresponds to the hazard, damage or other condition specified.

(d) A temporary designated speed imposed under this subsection must be imposed by a proper written ordinance or order. A sign giving notice of the temporary designated speed must be posted at each end of the portion of highway where the temporary designated speed is imposed and at such other places on the highway as may be necessary to inform the public. The temporary designated speed shall be effective when signs giving notice of the temporary designated speed are posted.

(9) A road authority may establish an emergency speed on any highway under the jurisdiction of the road authority that is different from the existing speed on the highway. The authority granted under this subsection is subject to all of the following:

(a) A speed established under this subsection is effective when appropriate signs giving notice thereof are posted upon the highway or portion of highway where the emergency speed is imposed. All signs posted under this subsection must comply with ORS 810.200.

(b) The expense of posting any sign under this subsection shall be borne by the road authority having jurisdiction over the highway or portion of highway where the emergency speed is imposed.

(c) A speed established under this subsection may be effective for not more than 120 days.

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 a speed limit if the person:

(a) Operates a vehicle on an interstate highway at a speed greater than 65 miles per hour or, if a different speed is posted under ORS 810.180 (3), at a speed greater than the posted speed.

(b) Notwithstanding paragraph (a) of this subsection, drives any of the following vehicles at a speed greater than 55 miles per hour on any highway or, if a different speed is posted under ORS 810.180 (3), at a speed greater than the posted speed:

(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).

(c) Drives a vehicle or conveyance on any part of the ocean shore in this state at a speed greater than any of the following:

(A) Any designated speed for ocean shores that is established and posted under ORS 810.180.

(B) If no designated speed is posted under ORS 810.180, 25 miles per hour.

(d) Drives a vehicle upon a highway in any city at a speed greater than a 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.

(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:

(i) Children are present, as described in ORS 811.124; or

(ii) 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 a public park.

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

(F) Sixty-five miles per hour on an interstate highway.

(G) Fifty-five miles per hour in locations not otherwise described in this paragraph.

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

SECTION 4a. If Senate Bill 179 becomes law, sections 3 and 4, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), are repealed and section 4 of this 2003 Act is amended to read:

Sec. 4. (1) A person commits the offense of violating a speed limit if the person:

(a) [Operates] Drives a vehicle on an interstate highway at a speed greater than 65 miles per hour or, if a different speed is posted under ORS 810.180 (3), at a speed greater than the posted speed.

(A) A motor truck or truck tractor with a gross vehicle weight rating of more than 8,000 pounds.

(B) A school bus.

(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).

(c) Drives a vehicle or conveyance on any part of the ocean shore in this state at a speed greater than any of the following:

(A) Any designated speed for ocean shores that is established and posted under ORS 810.180.

(B) If no designated speed is posted under ORS 810.180, 25 miles per hour.

(d) Drives a vehicle upon a highway in any city at a speed greater than a 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.

[(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:]

[(i) Children are present, as described in ORS 811.124; or]

[(ii) 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 a 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 an interstate highway.

[(G)] (F) Fifty-five miles per hour in locations not otherwise described in this paragraph.

(e) Drives a 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), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), that is contiguous to a segment of highway on which:

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

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

(iii) 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), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), that is contiguous to a segment of highway on which:

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

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

(iii) 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), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179).

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

SECTION 4b. If Senate Bill 179 becomes law, the repeal of sections 3 and 4, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), and the amendments to section 4 of this 2003 Act by section 4a of this 2003 Act become operative on July 1, 2004.

SECTION 5. 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.

(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) This section and ORS 811.105 establish limitation on speeds that are in addition to [maximum speeds] speed limits established in section 4 of this 2003 Act. [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) [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] Except as provided in subsection (4) of this section, violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as provided in ORS 811.109.

(4) The offense described in this section, violating the basic speed rule, is a Class B traffic violation if the person drives a vehicle upon a highway at a speed that is not reasonable and prudent under the circumstances described in subsection (1) of this section even though the speed is lower than the appropriate speed specified in ORS 811.105 as prima facie evidence of violation of the basic speed rule.

SECTION 6. ORS 811.105 is amended to read:

811.105. (1) Any speed in excess of [any of the following designated speeds] a designated speed posted by authority granted under ORS 810.180 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 designated speed is posted by authority granted under ORS 810.180, 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)] (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 811.235 or section 4 of this 2003 Act shall be operated only at times when children are scheduled to arrive at or leave the school.

SECTION 7a. If Senate Bill 179 becomes law, ORS 811.106, as amended by section 7 of this 2003 Act, 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 or] 811.235 or 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 7b. If Senate Bill 179 becomes law, ORS 811.106, as amended by section 7, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), 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 811.235 or [section 4 of this 2003 Act,] section 4 of this 2003 Act may be operated only at times when children are scheduled to arrive at or leave the school.

SECTION 7c. The amendments to ORS 811.106 by sections 7a and 7b of this 2003 Act become operative on July 1, 2004.

SECTION 8. 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] The speed limits established by section 4 of this 2003 Act 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 as speed limits 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] section 4 of this 2003 Act.

SECTION 9. ORS 811.124 is amended to read:

811.124. For purposes of provisions of ORS 811.105 and [811.123] section 4 of this 2003 Act dealing with permissible speeds 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 9a. If Senate Bill 179 becomes law, ORS 811.124, as amended by section 9 of this 2003 Act, is amended to read:

811.124. For purposes of [provisions of ORS 811.105 and] section 4 of this 2003 Act [dealing with permissible speeds when passing school grounds or a school crosswalk], children are present at any time and on any day when:

(1) 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.]

(a) Occupying or walking within a crosswalk described in section 2 (1)(b), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179); or

(b) Waiting on the curb or shoulder of the highway at a crosswalk described in section 2 (1)(b), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179); 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), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179).

SECTION 9b. If Senate Bill 179 becomes law, ORS 811.124, as amended by section 5, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), is amended to read:

811.124. For purposes of [section 4 of this 2003 Act] section 4 of this 2003 Act, children are present at any time and on any day when:

(1) Children are:

(a) Occupying or walking within a crosswalk described in section 2 (1)(b), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179) [of this 2003 Act]; or

(b) Waiting on the curb or shoulder of the highway at a crosswalk described in section 2 (1)(b), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179) [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), chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179) [of this 2003 Act].

SECTION 9c. The amendments to ORS 811.124 by sections 9a and 9b of this 2003 Act become operative on July 1, 2004.

SECTION 10. ORS 811.808, as amended by section 494, chapter 14, Oregon Laws 2003 (Enrolled Senate Bill 81), is amended to read:

811.808. Notwithstanding ORS [811.110, 811.112, 811.123 or] 811.295 or section 4 of this 2003 Act, while overtaking the funeral procession in order to direct traffic at the next intersection, the funeral escort vehicle may exceed the posted 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 11. ORS 137.290 is amended to read:

137.290. (1) In all cases of conviction for the commission of a crime or violation, excluding parking violations, the trial court, whether a circuit, justice or municipal court, shall impose upon the defendant, in addition to any other monetary obligation imposed, a unitary assessment under this section. The unitary assessment shall also be imposed by the circuit court and county court in juvenile cases under ORS 419C.005 (1). The unitary assessment is a penal obligation in the nature of a fine and shall be in an amount as follows:

(a) $105 in the case of a felony.

(b) $65 in the case of a misdemeanor.

(d) $35 in the case of a violation as described in ORS 153.008.

(2) The unitary assessment shall include, in addition to the amount in subsection (1) of this section:

(a) $40 if the defendant was driving a vehicle that requires a commercial driver license to operate and the conviction was for violating:

(A) ORS 811.100 by driving at a speed at least 10 miles per hour greater than is reasonable and prudent under the circumstances; or

(B) [ORS 811.115] Section 4 (1)(b) of this 2003 Act by driving at least 65 miles per hour; and

(b) $500 if the crime of conviction is a crime found in ORS chapter 163.

(3) Subject to subsection (4) of this section, the court in any case may waive payment of the unitary assessment, in whole or in part, if, upon consideration, the court finds that payment of the assessment or portion thereof would impose upon the defendant a total monetary obligation inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

(a) The financial resources of the defendant and the burden that payment of the unitary assessment will impose, with due regard to the other obligations of the defendant; and

(b) The extent to which such burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

(4) If a defendant is convicted of an offense, the court may waive all or part of the unitary assessment required under subsections (1) and (2)(a) of this section only if the court imposes no fine on the defendant.

SECTION 12. 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 posted speed, the speed limit or the speed that constitutes prima facie evidence of violation of the basic speed rule, as appropriate, [designated] for the district or location. This section applies to the following charges:

(1) [Violation of] Violating the basic speed rule under ORS 811.100.

(2) Violating a speed limit under section 4 of this 2003 Act.

[(2) Violation of the federal 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 13. 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;

(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.

(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;

(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.

(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.

(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.

(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;

(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.

(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 4 of this 2003 Act, the speed at which the person was convicted of traveling and the posted [or designated] speed, the speed limit or the speed that constitutes prima facie evidence of violation of the basic speed rule, as appropriate; 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.

(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 14. 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 speed limit, if the person is operating the vehicle 15 miles per hour or more above the posted 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] established in ORS 811.105 as prima facie evidence of violation of the basic speed rule.

(3) ORS 811.140, reckless driving.

(4) ORS 811.305, driving on the left on a curve or grade or at an intersection or rail crossing.

(5) ORS 811.370, failure to drive within a lane.

(6) ORS 811.410, unsafe passing on the left.

(7) ORS 811.415, unsafe passing on the right.

(8) ORS 811.485, following too closely.

(9) 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) 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) Any law of another jurisdiction that corresponds to an Oregon law described in this section.

SECTION 15. 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 vehicle 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] established in ORS 811.105 as prima facie evidence of violation of the basic speed rule;

(b) The driver of the overtaking vehicle is proceeding at a speed in conformity with ORS 811.105;

(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 16. 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 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 17. ORS 811.109 is amended to read:

811.109. (1) Violation of a specific speed limit imposed under law or of a posted 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.

(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 speed limit is 65 miles per hour or greater and:

(a) The person is exceeding [65 miles per hour but not exceeding 75 miles per hour] the speed limit by 10 miles per hour or less, 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 speed limit by more than 10 miles per hour but not more than 20 miles per hour, the offense is a Class B traffic violation.

(c) The person is exceeding [85 miles per hour] the speed limit by more than 20 miles per hour, the offense is a Class A traffic violation.

(3) Violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as follows:

(a) One to 10 miles per hour in excess of the designated speed is a Class D traffic violation.

(b) 11 to 20 miles per hour in excess of the designated speed is a Class C traffic violation.

(c) 21 to 30 miles per hour in excess of the designated speed is a Class B traffic violation.

(d) Over 30 miles per hour in excess of the designated speed is a Class A traffic violation.

SECTION 18. (1) The Department of Transportation shall establish a public-private partnership research and development program.

(2) As part of the program established under this section, the department may enter into joint research and development agreements for the purpose of developing products for market that may reduce the cost of maintenance and preservation or extend the useful life of the state's highways or that may improve highway safety. The department may enter into agreements with the following:

(a) Individuals.

(b) Businesses.

(c) Nonprofit organizations.

(d) The State Board of Higher Education.

(3) The department may enter into agreements under subsection (2) of this section that allow the department to obtain royalties or other financial benefits from the sale or use of products developed through the public-private partnership research and development program.

(4) Moneys that the department is authorized to spend on planning and research may be used for development of products under this section.

(5) The department shall adopt rules that govern the solicitation and selection of product development projects that will receive funding under the program established under this section.

SECTION 19. ORS 801.453, 811.110, 811.112, 811.115, 811.120 and 811.123 are repealed.

SECTION 20. Notwithstanding section 36, chapter 402, Oregon Laws 2003 (Enrolled Senate Bill 245) (amending ORS 811.110), if Senate Bill 245 becomes law, ORS 811.110 is repealed.

SECTION 21. Notwithstanding section 8, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179) (amending ORS 811.123), if Senate Bill 179 becomes law, ORS 811.123 is repealed.

SECTION 22. If Senate Bill 179 becomes law, sections 1 to 4, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), and the amendments to ORS 811.105, 811.106, 811.124 and 811.235 by sections 5 to 7 and 9, chapter 397, Oregon Laws 2003 (Enrolled Senate Bill 179), become operative on July 1, 2004.

SECTION 23. Any citation issued before the effective date of this 2003 Act for violation of ORS 811.112, 811.115, 811.120 or 811.123 shall be treated as though those sections had not been repealed by this 2003 Act.

Approved by the Governor September 26, 2003

Filed in the office of Secretary of State September 26, 2003

Effective date January 1, 2004

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