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 3211
House Bill 2607
Sponsored by Representative JENSON
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 Oregon State Police to operate photo radar on
Interstate Highway 5.
A BILL FOR AN ACT
Relating to traffic enforcement; 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 Oregon State Police and the jurisdictions
designated in subsection (2) of this section may operate photo
radar. + }
{ - (1) - } { + (2) + } The following jurisdictions may, at
their own cost, operate photo radar:
(a) Albany.
(b) Beaverton.
(c) Bend.
(d) Eugene.
(e) Medford.
(f) Portland.
(g) Tigard.
{ + (3) A photo radar system operated by the Oregon State
Police may be operated only on Interstate Highway 5. + }
{ - (2) - } { + (4) + } A photo radar system operated
{ + by a jurisdiction designated + } under { + subsection (2)
of + } this section:
(a) May be used on streets in residential areas or school
zones.
(b) May be used in { - other - } areas { + not described in
paragraph (a) of this subsection + } 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) - } { + (c) + } May not be used on controlled
access highways.
{ + (5) A photo radar system operated under this section may
not be:
(a) Operated for more than four hours per day in any one
location. + }
{ - (e) - } { + (b) + } { - May not be - } Used unless a
sign is posted announcing that photo radar is in use. The sign
must be on the { + interstate highway or 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 - } { + when photo
radar is used as authorized under ORS 810.438 + }:
(a) A citation for speeding may be issued on the basis of photo
radar 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) An indication of the actual speed of the vehicle is
displayed within 150 feet of the location of the photo radar
unit.
(D) Signs indicating that speeds are enforced by photo radar
are posted { + on Interstate Highway 5 at locations determined
in accordance with rules adopted by the Department of
Transportation or + }, so far as is practicable, on all major
routes entering { - the - } { + a + } jurisdiction { +
authorized to operate photo radar under ORS 810.438 + }.
(E) The citation is mailed to the registered owner of the
vehicle within six business days of the alleged violation.
(F) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
(G) 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 { + Oregon State Police or + } 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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