72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to RC to A-Eng. HB 2501
LC 1360/HB 2501-A5
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 2501
By COMMITTEE ON TRANSPORTATION AND ECONOMIC DEVELOPMENT
June 26
On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions;'.
In line 3, after '811.123' insert 'and section 4, chapter ___ ,
Oregon Laws 2003 (Enrolled House Bill 2661)'.
On page 5, after line 4, insert:
' { + SECTION 1a. + } { + If House Bill 2661 becomes law,
section 1 of this 2003 Act (amending ORS 810.180) is repealed and
ORS 810.180, as amended by section 2, chapter ___, Oregon Laws
2003 (Enrolled House Bill 2661), is amended to read: + }
' 810.180. (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 - } , { +
chapter ___, Oregon Laws 2003 (Enrolled House Bill 2661), + } 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 - } { + , chapter ___, Oregon Laws 2003 (Enrolled House
Bill 2661), + } that is in addition to the speed limit
established under section 4 (1)(b) { - of this 2003 Act - }
{ + , chapter ___, Oregon Laws 2003 (Enrolled House Bill
2661) + }.
' (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 - } { + ,
chapter ___, Oregon Laws 2003 (Enrolled House Bill 2661) + }.
' { + (3) The Department of Transportation may establish by
rule a designated speed on any specified section of interstate
highway if the department determines that the speed limit
established under section 4 (1), chapter ___, Oregon Laws 2003
(Enrolled House Bill 2661), is greater or less than is reasonable
or safe under the conditions that exist with respect to that
section of the interstate highway. A designated speed established
under this subsection is 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), chapter ___, Oregon Laws 2003 (Enrolled House
Bill 2661); and
' (B) Seventy miles per hour for all other vehicles.
' (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 interstate 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 section of interstate highway where the
designated speed is imposed. + }
' { - (3)(a) - } { + (4)(a) + } The department { - of
Transportation - } may establish by rule a designated speed on a
state highway outside of a city { - or on an interstate
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. 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 - } { + , chapter ___, Oregon
Laws 2003 (Enrolled House Bill 2661), + } or, if there is no
speed limit for the highway other than the limit established in
section 4 (1)(b) { - of this 2003 Act - } , { + chapter ___,
Oregon Laws 2003 (Enrolled House Bill 2661), + } 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
{ - departments - } { + 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.
' { - (4) - } { + (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.
' (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) 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.
' { - (5) - } { + (6) + } The department may override the
speed limit established for ocean shores under section 4 (1)(c)
{ - of this 2003 Act - } { + , chapter ___, Oregon Laws 2003
(Enrolled House Bill 2661), + } 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 - }
{ + , chapter ___, Oregon Laws 2003 (Enrolled House Bill
2661), + } 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.
' { - (6) - } { + (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
place and maintain signs at all park entrances to give notice of
any designated speed.
' { - (7) - } { + (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.
' { - (8) - } { + (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 erected upon the
highway or portion of highway where the emergency speed is
imposed. All signs erected under this subsection must comply with
ORS 810.200.
' (b) The expense of erecting 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.'.
On page 6, after line 43, insert:
' { + SECTION 6a. + } { + If House Bill 2661 becomes law,
section 6 of this 2003 Act (amending ORS 811.112) is
repealed. + }
' { + SECTION 6b. + } If House Bill 2661 becomes law and
Senate Bill 179 does not become law, section 4, chapter ___,
Oregon Laws 2003 (Enrolled House Bill 2661), is amended to read:
' { + Sec. 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 6c. + } If both House Bill 2661 and Senate Bill
179 become law, section 4, chapter ___, Oregon Laws 2003
(Enrolled House Bill 2661), as amended by section 4a, chapter
___, Oregon Laws 2003 (Enrolled House Bill 2661), is amended to
read:
' { + Sec. 4. + }(1) A person commits the offense of
violating a speed limit if the person:
' (a) 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 + }.
' (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-five miles per hour in a public park.
' (D) Twenty-five miles per hour on a highway in a residence
district if the highway is not an arterial highway.
' (E) Sixty-five miles per hour on an interstate highway.
' (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.'.
On page 7, after line 15, insert:
' { + SECTION 7a. + } { + If House Bill 2661 becomes law,
section 7 of this 2003 Act (amending ORS 811.115) is
repealed. + } ' .
After line 38, insert:
' { + SECTION 8a. + } { + If House Bill 2661 becomes law,
section 8 of this 2003 Act (amending ORS 811.123) is
repealed. + } ' .
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