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 773
Senate Bill 183
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Department of Transportation)
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 as
introduced.
Clarifies authority of road authorities to establish designated
speeds for certain highways. Removes references to federal
maximum speed limit. Consolidates speed limit statutes.
A BILL FOR AN ACT
Relating to speed; creating new provisions; amending ORS 137.290,
153.530, 801.477, 802.200, 810.180, 811.100, 811.105, 811.106,
811.108, 811.124, 811.425, 811.808 and 818.410; and repealing
ORS 801.453, 811.110, 811.112, 811.115, 811.120 and 811.123.
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 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 3 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 3 of this 2003
Act that is in addition to the speed limit established under
section 3 (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 3 (1)(b) of this 2003 Act.
(3)(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 3 of this 2003 Act or, if there is no speed limit for the
highway other than the limit established in section 3 (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 departments
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) After a written request is received from a road authority
for a highway other than a highway described in subsection (3) 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) The department may override the speed limit established for
ocean shores under section 3 (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 3 (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.
(6) 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) 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) 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. + }
SECTION 2. { + Section 3 of this 2003 Act is added to and made
a part of ORS chapter 811. + }
SECTION 3. { + (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.
(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:
(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 4. 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 - } { + speed
limits + } established { + in section 3 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.
SECTION 5. 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 6. 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 3 of this 2003 Act + } shall be
operated only at times when children are scheduled to arrive at
or leave the school.
SECTION 7. 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 3 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 3 of this 2003 Act + }.
SECTION 8. ORS 811.124 is amended to read:
811.124. For purposes of provisions of ORS 811.105 and
{ - 811.123 - } { + section 3 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 9. ORS 811.808 is amended to read:
811.808. Notwithstanding ORS { - 811.110, 811.112 or - }
811.295 { + or section 3 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 10. 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.
(c) $95 in the case of a conviction for driving under the
influence of intoxicants.
(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 3 (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 11. 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 3 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 12. 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;
(C) The vehicle description; and
(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.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(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;
(C) The vehicle description and vehicle identification number;
and
(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.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(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.
(c) All movements indicated by trip permits filed with the
department.
(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.
(c) Every application for a driver license or driver permit.
(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;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(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.
(c) The nonemployment driving record shall include the
person's:
(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 3 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.
(c) When 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 13. 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 14. 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;
(c) The highway is a two directional, two-lane highway; and
(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 15. 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 16. { + ORS 801.453, 811.110, 811.112, 811.115,
811.120 and 811.123 are repealed. + }
SECTION 17. { + 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. + }
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