73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 720
House Bill 2109
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for 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.
Revises laws regarding driver duties to certain pedestrians.
A BILL FOR AN ACT
Relating to pedestrians; amending ORS 811.010, 811.040, 811.045
and 811.360.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 811.010 is amended to read:
811.010. (1) The driver of a vehicle commits the offense of
failure to stop and remain stopped for a pedestrian in a
crosswalk if the driver does not stop and remain stopped for a
pedestrian who { + is + }:
{ - (a) Is crossing a roadway within a marked or unmarked
crosswalk where there is no traffic control device in place or in
operation; and - }
{ + (a) Crossing a roadway within a crosswalk where there is
not in place or in operation a traffic control device under which
the pedestrian can proceed as described in ORS 814.010; and + }
(b) { - Is either - } In the lane in which the driver's
vehicle is traveling or in a lane adjacent to the lane in which
the driver's vehicle is traveling.
(2) 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.
(3) The offense described in this section, failure to stop and
remain stopped for a pedestrian in a crosswalk, is a Class B
traffic violation.
SECTION 2. ORS 811.040 is amended to read:
811.040. (1) The driver of a vehicle commits the offense of
failure to stop { + and remain stopped + } for a pedestrian
proceeding under a traffic control device if the driver does not
stop { + and remain stopped + } for a pedestrian who is:
(a) Proceeding under a pedestrian control signal under ORS
814.010 { - . - } { + ; + }
(b) Lawfully within an intersection or crosswalk in accordance
with any traffic control device in a manner that complies with
ORS 814.010 { - . - } { + ; and
(c) In the lane in which the driver's vehicle is traveling or
in a lane adjacent to the lane in which the driver's vehicle is
traveling.
(2) 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. + }
{ - (2) - } { + (3) + } The offense described in this
section, failure to stop { + and remain stopped + }for a
pedestrian proceeding under a traffic control device, is a Class
B traffic violation.
SECTION 3. ORS 811.045 is amended to read:
811.045. { - (1) A person commits the offense of failure to
stop for a pedestrian when making a turn at a stop light if the
person is driving a vehicle that is making a turn at a red light
permitted under ORS 811.335 and the person does not stop for a
pedestrian lawfully within an adjacent crosswalk. - }
{ + (1) The driver of a vehicle commits the offense of
failure to stop and remain stopped for a pedestrian when making a
turn if the driver is making a turn and the driver does not stop
and remain stopped for a pedestrian who is:
(a) Lawfully within a crosswalk; and
(b) In the lane into which the driver's vehicle is turning or
in a lane adjacent to the lane into which the driver's vehicle is
turning.
(2) 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. + }
{ - (2) - } { + (3) + } The offense described in this
section, failure to stop { + and remain stopped + } for a
pedestrian when making a turn { - at a stop light - } , is a
Class B traffic violation.
SECTION 4. 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 to stop
{ + and remain stopped + } 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.
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