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 887
 
                         House Bill 2364
 
Sponsored by Representatives TOMEI, MACPHERSON; Representative
  MORGAN, Senators BROWN, DEVLIN, KRUSE
 
 
                             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.
 
  Authorizes use of photo radar in Lake Oswego, Milwaukie and
Roseburg. Removes requirement that photo radar equipment be
operated by uniformed police officer from marked police vehicle.
 
                        A BILL FOR AN ACT
Relating to photo radar; amending ORS 810.438 and 810.439.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 810.438 is amended to read:
  810.438. (1) The following jurisdictions may, at their own
cost, operate photo radar:
  (a) Albany.
  (b) Beaverton.
  (c) Bend.
  (d) Eugene.
   { +  (e) Lake Oswego. + }
    { - (e) - }  { +  (f) + } Medford.
   { +  (g) Milwaukie. + }
    { - (f) - }  { +  (h) + } Portland.
   { +  (i) Roseburg. + }
    { - (g) - }  { +  (j) + } Tigard.
  (2) A photo radar system operated under this section:
  (a) May be used on streets in residential areas or school
zones.
  (b) May be used in other areas if the governing body of the
city makes a finding that speeding has had a negative impact on
traffic safety in those areas.
  (c) May not be used for more than four hours per day in any one
location.
  (d) May not be used on controlled access highways.
  (e) May not be used unless a sign is posted announcing that
photo radar is in use. The sign must be on the street on which
the photo radar unit is being used and must be no closer than 100
yards and no farther than 400 yards from the location of the
unit.
  SECTION 2. ORS 810.439 is amended to read:
  810.439. (1) Notwithstanding any other provision of law, in the
jurisdictions using photo radar:
  (a) A citation for speeding may be issued on the basis of  { +
photographs from a + } photo radar  { + unit + } if the following
conditions are met:
    { - (A) The photo radar equipment is operated by a uniformed
police officer. - }
    { - (B) The photo radar equipment is operated out of a marked
police vehicle. - }
    { - (C) - }  { +  (A) + } An indication of the actual speed
of the vehicle is displayed within 150 feet of the location of
the photo radar unit.
    { - (D) - }  { +  (B) + } Signs indicating that speeds are
enforced by photo radar are posted, so far as is practicable, on
all major routes entering the jurisdiction.
   { +  (C) 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. + }
    { - (E) - }  { +  (D) + } The citation is mailed to the
registered owner of the vehicle within six business days of the
alleged violation.
    { - (F) - }  { +  (E) + } The registered owner is given 30
days from the date the citation is mailed to respond to the
citation.
    { - (G) - }  { +  (F) + } 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 this subsection, 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.
  (b) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation is
issued and delivered as provided in this section.
  (c) A person issued a citation under this subsection may
respond to the citation by submitting a certificate of innocence
or a certificate of nonliability under subsection (3) of this
section or may make any other response allowed by law.
  (2) A citation issued on the basis of photo radar may be
delivered by mail or otherwise to the registered owner of the
vehicle or to the driver.
  (3)(a) If a registered owner of a vehicle responds to a
citation issued under subsection (1) of this section by
submitting a certificate of innocence within 30 days from the
mailing of the citation 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 a
certificate of nonliability within 30 days from the mailing of
the citation stating that at the time of the alleged speeding
violation 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 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 issued and delivered by mail or
otherwise to the employee, renter or lessee identified in the
certificate of nonliability.
  (4) The penalties for and all consequences of a speeding
violation initiated by the use of photo radar are the same as for
a speeding violation initiated by any other means.
  (5) A registered owner, employee, renter or lessee against whom
a judgment for failure to appear is entered may move the court to
relieve the owner, 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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