72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 764
Sponsored by Senator B STARR
CHAPTER ................
AN ACT
Relating to intersections with cameras; amending ORS 810.434,
810.435 and 810.436.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 810.434 is amended to read:
810.434. (1) Any city with a population of 30,000 or more may,
at its own cost, operate cameras designed to photograph drivers
who violate ORS 811.265 by failing to obey a traffic control
device. Notwithstanding the population requirement of
{ - subsections (1) to (4) of - } this section, the City of
Newberg may operate cameras as provided for other cities in
{ - subsections (1) to (4) of - } this section.
(2) Cameras operated under { - subsections (1) to (4) of - }
this section may be mounted on street lights or put in other
suitable places.
(3) A city that chooses to operate a camera shall:
(a) Provide a public information campaign to inform local
drivers about the use of cameras before citations are actually
issued; and
(b) Once each biennium, conduct a process and outcome
evaluation for the Department of Transportation that includes:
(A) The effect of the use of cameras on traffic safety;
(B) The degree of public acceptance of the use of cameras; and
(C) The process of administration of the use of cameras.
(4) The Department of Transportation shall provide an executive
summary of the process and outcome evaluations to each regular
session of the Legislative Assembly. The summary shall be
presented to the Legislative Assembly by March 1 of the year of
each regular session.
(5)(a) Except as otherwise provided in paragraph (b) of this
subsection, a city authorized to operate cameras under
{ - subsections (1) to (4) of - } this section may not operate
the cameras at more than { - four - } { + eight + }
intersections in the city.
(b) A city with a population of 300,000 or more may not operate
cameras at more than { - eight - } { + 12 + } intersections
in the city.
SECTION 2. ORS 810.435 is amended to read:
810.435. Photographs taken under ORS 810.434 { - (1) to
(4) - } may be submitted into evidence in a trial,
administrative proceeding or other judicial or quasi-judicial
proceeding only for the purpose of proving or disproving a
violation of ORS 811.265.
Enrolled Senate Bill 764 (SB 764-A) Page 1
SECTION 3. ORS 810.436 is amended to read:
810.436. (1) Notwithstanding any other provision of law, if a
city authorized to do so by ORS 810.434 { - (1) to (4) - }
chooses to operate a camera that complies with this section and
ORS 810.434
{ - (1) to (4) - } , a citation for violation of ORS 811.265
may be issued on the basis of photographs from a camera taken
without the presence of a police officer if the following
conditions are met:
(a) Signs are posted, so far as is practicable, on all major
routes entering the jurisdiction indicating that compliance with
traffic control devices is enforced through cameras.
(b) Signs are posted near each traffic control device at which
a camera is installed, indicating that a camera may be in
operation at that device.
{ + (c) If the traffic control device is a traffic light, the
yellow light shows for at least the length of time recommended by
the standard set by the Institute of Transportation
Engineers. + }
{ - (c) - } { + (d) + } The citation is mailed to the
registered owner of the vehicle, or to the driver if
identifiable, within 10 business days of the alleged violation.
{ - (d) - } { + (e) + } The registered owner is given 30
days from the date the citation is mailed to respond to the
citation.
{ - (e) - } { + (f) + } A police officer who has reviewed
the photograph signs the citation. The citation may be prepared
on a digital medium, and the signature may be electronic in
accordance with the provisions of ORS 84.001 to 84.061.
(2) If the person named as the registered owner of a vehicle in
the current records of the Department of Transportation fails to
respond to a citation issued under subsection (1) of this
section, a default judgment under ORS 153.102 may be entered for
failure to appear after notice has been given that the judgment
will be entered.
(3) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation
was issued and delivered as provided in this section.
(4) A person issued a citation under subsection (1) of this
section may respond to the citation by submitting a certificate
of innocence or a certificate of nonliability under subsection
(6) of this section or any other response allowed by law.
(5) A citation for violation of ORS 811.265 issued on the basis
of photographs from a camera installed as provided in this
section and ORS 810.434 { - (1) to (4) - } may be delivered by
mail or otherwise to the registered owner of the vehicle or to
the driver if the driver is identifiable from the photograph.
(6)(a) If a registered owner of a vehicle responds to a
citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a
certificate of innocence swearing or affirming that the owner was
not the driver of the vehicle and a photocopy of the owner's
driver license, the citation shall be dismissed. The citation may
be reissued if the jurisdiction verifies that the registered
owner appears to have been the driver at the time of the
violation.
(b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting, within
30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged violation
Enrolled Senate Bill 764 (SB 764-A) Page 2
the vehicle was in the custody and control of an employee or was
in the custody and control of a renter or lessee under the terms
of a motor vehicle rental agreement or lease, and if the business
or public agency provides the driver license number, name and
address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The
citation may then be reissued and delivered by mail or otherwise
to the employee, renter or lessee identified in the certificate
of nonliability.
(7) The penalties for and all consequences of a violation of
ORS 811.265 initiated by the use of a camera installed as
provided in this section and ORS 810.434 { - (1) to (4) - }
are the same as for a violation initiated by any other means.
(8) A registered owner or an employee, renter or lessee against
whom a judgment for failure to appear is entered may move the
court to relieve the owner or the employee, renter or lessee from
the judgment as provided in ORS 153.105 if the failure to appear
was due to mistake, inadvertence, surprise or excusable neglect.
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Passed by Senate April 21, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 19, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 764 (SB 764-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 764 (SB 764-A) Page 4