Chapter 746 Oregon Laws 2005
AN ACT
SB 591
Relating to pedestrians; creating new provisions; amending ORS 811.360; and repealing ORS 811.010, 811.040 and 811.045.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. Section 2 of this 2005 Act is added to and made a part of the Oregon Vehicle Code.
SECTION
2. (1) The driver of a vehicle
commits the offense of failure to stop and remain stopped for a pedestrian if
the driver does not stop and remain stopped for a pedestrian when the
pedestrian is:
(a)
Proceeding in accordance with a traffic control device as provided under ORS
814.010 or crossing the roadway in a crosswalk, as defined in ORS 801.220; and
(b)
In any of the following locations:
(A)
In the lane in which the driver’s vehicle is traveling;
(B)
In a lane adjacent to the lane in which the driver’s vehicle is traveling;
(C)
In the lane into which the driver’s vehicle is turning;
(D)
In a lane adjacent to the lane into which the driver’s vehicle is turning, if
the driver is making a turn at an intersection that does not have a traffic
control device under which a pedestrian may proceed as provided under ORS
814.010; or
(E)
Less than six feet from the lane into which the driver’s vehicle is turning, if
the driver is making a turn at an intersection that has a traffic control
device under which a pedestrian may proceed as provided under ORS 814.010.
(2)
For the purpose of this section, a bicycle lane or the part of a roadway where
a vehicle stops, stands or parks that is adjacent to a lane of travel is
considered to be part of that adjacent lane of travel.
(3)
This section does not require a driver to stop and remain stopped for a
pedestrian under any of the following circumstances:
(a)
Upon a roadway with a safety island, if the driver is proceeding along the half
of the roadway on the far side of the safety island from the pedestrian; or
(b)
Where a pedestrian tunnel or overhead crossing has been provided at or near a
crosswalk.
(4) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation.
SECTION 3. ORS 811.360 is amended to read:
811.360. (1) The driver of a vehicle, subject to this section, who is intending to turn at an intersection where there is a traffic control device showing a steady circular red signal or a steady red arrow signal may do any of the following without violating ORS 811.260 and 811.265:
(a) Make a right turn into a two-way street.
(b) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.
(2) A person commits the offense of improper turn at a stop light if the person does any of the following while making a turn described in this section:
(a) Fails to stop at the light as required.
(b) Fails to exercise care to avoid an accident.
(c) Disobeys the directions of a traffic control device or a police officer that prohibits the turn.
(d) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard.
(3) A driver who is making a turn described in this section is also subject to the requirements under [ORS 811.045] section 2 of this 2005 Act to stop for a pedestrian while making the turn.
(4) The offense described in this section, improper turn at a stop light, is a Class B traffic violation.
SECTION 4. ORS 811.010, 811.040 and 811.045 are repealed.
Approved by the Governor August 17, 2005
Filed in the office of Secretary of State August 17, 2005
Effective date January 1, 2006
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