72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1360
A-Engrossed
House Bill 2501
Ordered by the House March 31
Including House Amendments dated March 31
Sponsored by Representative MILLER, Senator GEORGE;
Representatives ANDERSON, BROWN, BUTLER, FLORES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes Department of Transportation to establish speed
limits on interstate highways that are greater or less than
statutory speed limits.
A BILL FOR AN ACT
Relating to highway speeds; amending ORS 153.530, 810.180,
811.100, 811.105, 811.108, 811.109, 811.112, 811.115 and
811.123; and repealing ORS 801.453.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 override the
maximum speed limit established for interstate highways under ORS
811.112 on any specified section of interstate highway if the
department determines that the maximum speed limit established
under ORS 811.112 is greater or less than is reasonable or safe
under the conditions that exist with respect to that section of
the interstate highway. 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 paragraph of more than:
(A) Sixty-five 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 section of
interstate highway is greater or less than is reasonable or safe
under conditions the department finds to exist.
(c) A maximum speed limit established under this subsection is
effective when appropriate signs giving notice of the speed limit
are erected upon the highway where the limit is imposed. + }
{ - (1) - } { + (2) + } 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) - } { + (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.
(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 { + is + } 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.
SECTION 2. 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) This section and ORS 811.105 establish limitation on speeds
that are in addition to maximum speeds 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) 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.
SECTION 3. 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) 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 4. 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 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.
SECTION 5. 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.
(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
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.
SECTION 6. ORS 811.112 is amended to read:
811.112. (1) A person commits the offense of violating the
maximum speed limit for { - rural - } interstate highways
if { + :
(a) + } The person operates a vehicle { + other than a motor
truck or passenger transport vehicle + } on { - a rural - }
{ + an + } interstate highway at a speed greater than 65 miles
per hour { + or, if a different speed is posted under ORS
810.180 (1), at a speed greater than the posted speed; or
(b) The person operates a motor truck or passenger transport
vehicle on an interstate highway at a speed greater than 55 miles
per hour or, if a different speed is posted under ORS 810.180
(1), at a speed greater than the posted speed + }.
{ - (2) The speed limit described in this section does not
authorize the driver of a motor truck or passenger transport
vehicle to exceed the maximum speed for trucks and passenger
transport vehicles established by ORS 811.115. - }
{ + (2) For purposes of this section, motor trucks and
passenger transport vehicles are those vehicles described in ORS
811.115 (1). + }
(3) The offense described in this section, violating the
maximum speed limit for { - rural - } interstate highways, is
punishable as provided in ORS 811.109.
SECTION 7. ORS 811.115 is amended to read:
811.115. (1) A person commits the offense of violation of the
maximum speed 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 { + other than an
interstate highway with a maximum speed limit for motor trucks
and passenger transport vehicles that is greater than 55 miles
per hour + }:
(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 maximum
speed for motor trucks and passenger transport vehicles, is
punishable as provided in ORS 811.109.
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.
(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 not an arterial 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.
(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 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 speed
designated 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.
(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 10. { + ORS 801.453 is repealed. + }
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