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 2354
House Bill 3252
Sponsored by COMMITTEE ON 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.
Establishes rural interstate highway speeds.
A BILL FOR AN ACT
Relating to highway speeds; creating new provisions; and amending
ORS 810.180 and 811.111.
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. { + ' Rural interstate highway' means the portion
of an interstate highway that is not within the city limits of a
city with a population of 50,000 or more. + }
SECTION 3. ORS 811.111 is amended to read:
811.111. (1) A person commits the offense of violating a speed
limit if the person:
(a) Drives a vehicle on an interstate highway { + that is not
a rural interstate highway + } at a speed greater than 65 miles
per hour or, if a different speed is posted under ORS 810.180
(3), at a speed greater than the posted speed.
(b) Notwithstanding paragraph (a) of this subsection, drives
any of the following vehicles at a speed greater than 55 miles
per hour on any highway { + that is not a rural interstate
highway + } or, if a different speed is posted under ORS 810.180
(3), at a speed greater than the posted speed:
(A) A motor truck or truck tractor with a gross vehicle weight
rating of more than 8,000 pounds.
(B) A school bus.
(C) A school activity vehicle.
(D) A worker transport bus.
(E) A bus operated for transporting children to and from church
or an activity or function authorized by a church.
(F) Any vehicle used in the transportation of persons for hire
by a nonprofit entity as provided in ORS 825.017 (9).
{ + (c) Drives a vehicle on a rural interstate highway at a
speed greater than 70 miles per hour.
(d) Notwithstanding paragraph (c) of this subsection, drives
any of the following vehicles at a speed greater than 60 miles
per hour on a rural interstate highway:
(A) A motor truck or truck tractor with a gross vehicle weight
rating of more than 8,000 pounds.
(B) A school bus.
(C) A school activity vehicle.
(D) A worker transport bus.
(E) A bus operated for transporting children to and from church
or an activity or function authorized by a church.
(F) Any vehicle used in the transportation of persons for hire
by a nonprofit entity as provided in ORS 825.017 (9). + }
{ - (c) - } { + (e) + } Drives a vehicle or conveyance on
any part of the ocean shore in this state at a speed greater than
any of the following:
(A) Any designated speed for ocean shores that is established
and posted under ORS 810.180.
(B) If no designated speed is posted under ORS 810.180, 25
miles per hour.
{ - (d) - } { + (f) + } Drives a vehicle upon a highway in
any city at a speed greater than a speed posted by authority
granted under ORS 810.180 or, if no speed is posted, the
following:
(A) Fifteen miles per hour when driving on an alley.
(B) Twenty miles per hour in a business district.
(C) Twenty-five miles per hour in a public park.
(D) Twenty-five miles per hour on a highway in a residence
district if the highway is not an arterial highway.
(E) Sixty-five miles per hour on an interstate highway { +
that is not a rural interstate highway + }.
{ + (F) Seventy miles per hour on a rural interstate
highway. + }
{ - (F) - } { + (G) + } Fifty-five miles per hour in
locations not otherwise described in this paragraph.
{ - (e) - } { + (g) + } Drives a vehicle in a school zone
at a speed greater than 20 miles per hour:
(A) At any time, if the school zone is a segment of highway
described in ORS 801.462 (1)(a) that is contiguous to a segment
of highway on which:
(i) There is a posted speed of 30 miles per hour or less;
(ii) There is a speed limit of 30 miles per hour or less; or
(iii) A speed of 30 miles per hour or less is prima facie
evidence of violation of the basic speed rule under ORS 811.105.
(B) At any time that a flashing light described in ORS 811.106
is operating or at any time posted on signs in the school zone,
if the school zone is a segment of highway described in ORS
801.462 (1)(a) that is contiguous to a segment of highway on
which:
(i) There is a posted speed greater than 30 miles per hour;
(ii) There is a speed limit greater than 30 miles per hour; or
(iii) A speed greater than 30 miles per hour is prima facie
evidence of violation of the basic speed rule under ORS 811.105.
(C) At any time that a flashing light described in ORS 811.106
is operating, at any time posted on signs in the school zone or
at any time that children are present, if the school zone is a
crosswalk described in ORS 801.462 (1)(b).
(2) The offense described in this section, violating a speed
limit, is punishable as provided in ORS 811.109.
SECTION 4. ORS 810.180 is amended to read:
810.180. (1) As used in this section:
(a) 'Designated speed' means the speed that is designated by a
road authority as the maximum permissible speed for a highway and
that may be different from the statutory speed for the highway.
(b) 'Statutory speed' means the speed that is established as a
speed limit under ORS 811.111, or is established as the speed the
exceeding of which is prima facie evidence of violation of the
basic speed rule under ORS 811.105.
(2)(a) A designated speed established under this section is a
speed limit if the highway for which the speed is designated is
subject to a statutory speed limit under ORS 811.111 that is in
addition to the speed limit established under ORS 811.111 (1)(b).
(b) A speed greater than a designated speed established under
this section is prima facie evidence of violation of the basic
speed rule if the designated speed is established for a highway
on which there is no speed limit other than the limit established
under ORS 811.111 (1)(b).
(3) The Department of Transportation may establish by rule
designated speeds on any specified section of interstate
highway { + , except for sections of a rural interstate
highway, + } if the department determines that speed limits
established under ORS 811.111 (1) are greater or less than is
reasonable or safe under the conditions that exist with respect
to that section of the interstate highway. Designated speeds
established under this subsection are subject to all of the
following:
(a) The department may not establish a designated speed under
this subsection of more than:
(A) Sixty-five miles per hour for vehicles described in ORS
811.111 (1)(b); and
(B) Seventy miles per hour for all other vehicles.
(b) If the department establishes designated speeds under this
subsection that are greater than 65 miles per hour, the
designated speed for vehicles described in ORS 811.111 (1)(b) may
not be more than five miles per hour lower than the designated
speed for all other vehicles on the specified section of
interstate highway.
(c) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the interstate highway is
greater or less than is reasonable or safe under conditions the
department finds to exist.
(d) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the section of interstate highway where the
designated speed is imposed.
(4)(a) The department may establish by rule a designated speed
on a state highway outside of a city. The authority granted under
this subsection includes, but is not limited to, the authority to
establish different designated speeds for different kinds or
classes of vehicles as the department determines reasonable and
safe. A designated speed established under this subsection for
any kind or class of vehicles may not exceed the speed limit for
the highway for that kind or class of vehicles as established in
ORS 811.111 or, if there is no speed limit for the highway other
than the limit established in ORS 811.111 (1)(b), may not exceed
55 miles per hour.
(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department
finds to exist.
(c) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the portion of highway where the designated
speed is imposed.
(5) After a written request is received from a road authority
for a highway other than a { + rural interstate highway or a + }
highway described in subsection (3) or (4) of this section, the
department, by rule, may establish a designated speed for the
highway. The authority granted under this subsection includes,
but is not limited to, the authority to establish different
designated speeds for different kinds or classes of vehicles as
the department determines reasonable and safe. The authority
granted under this subsection is subject to all of the following:
(a) The written request from the road authority must state a
recommended designated speed.
(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department
finds to exist.
(c) The department may not make a final decision to establish a
designated speed under this subsection without providing the
affected road authorities with notice and opportunity for a
hearing.
(d) A road authority may file a written objection to a
designated speed that is proposed by the department under this
subsection and that affects the road authority.
(e) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the portion of the highway where the
designated speed is imposed. The expense of erecting any sign
under this subsection shall be borne by the road authority having
jurisdiction over the portion of the highway where the designated
speed is imposed.
(f) The department, by rule, may delegate its authority under
this subsection with respect to highways that are low volume or
unpaved to a city or county with jurisdiction over the highway.
The department shall delegate authority under this paragraph only
if it determines that the city or county will exercise the
authority according to criteria adopted by the department.
(6) The department may override the speed limit established for
ocean shores under ORS 811.111 { - (1)(c) - } { + (1)(e) + }
and establish a designated speed of less than 25 miles per hour
on any specified section of ocean shore if the department
determines that the speed limit established under ORS 811.111
{ - (1)(c) - } { + (1)(e) + } is greater than is reasonable or
safe under the conditions that exist with respect to that part of
the ocean shore. The authority granted under this subsection is
subject to all of the following:
(a) The department may make the determination required under
this subsection only on the basis of an investigation.
(b) A designated speed established under this subsection is
effective when posted upon appropriate fixed or variable signs on
the portion of ocean shore where the designated speed is imposed.
(7) A road authority may adopt a designated speed to regulate
the speed of vehicles in parks under the jurisdiction of the road
authority. A road authority regulating the speed of vehicles
under this subsection shall post and maintain signs at all park
entrances to give notice of any designated speed.
(8) A road authority may establish by ordinance or order a
temporary designated speed for highways in its jurisdiction that
is lower than the statutory speed. A temporary designated speed
may be established under this subsection if, in the judgment of
the road authority, the temporary designated speed is necessary
to protect any portion of the highway from being unduly damaged,
or to protect the safety of the public and workers when temporary
conditions such as construction or maintenance activities
constitute a danger. The following apply to the authority granted
under this subsection:
(a) Statutory speeds may be overridden by a temporary
designated speed only:
(A) For a specific period of time for all vehicles; or
(B) For a specified period of time for a specific kind or class
of vehicle that is causing identified damage to highways.
(b) This subsection may not be used to establish a permanent
designated speed.
(c) The authority granted by this subsection may be exercised
only if the ordinance or order that imposes the temporary
designated speed:
(A) Specifies the hazard, damage or other condition requiring
the temporary designated speed; and
(B) Is effective only for a specified time that corresponds to
the hazard, damage or other condition specified.
(d) A temporary designated speed imposed under this subsection
must be imposed by a proper written ordinance or order. A sign
giving notice of the temporary designated speed must be posted at
each end of the portion of highway where the temporary designated
speed is imposed and at such other places on the highway as may
be necessary to inform the public. The temporary designated speed
shall be effective when signs giving notice of the temporary
designated speed are posted.
(9) A road authority may establish an emergency speed on any
highway under the jurisdiction of the road authority that is
different from the existing speed on the highway. The authority
granted under this subsection is subject to all of the following:
(a) A speed established under this subsection is effective when
appropriate signs giving notice thereof are posted upon the
highway or portion of highway where the emergency speed is
imposed. All signs posted under this subsection must comply with
ORS 810.200.
(b) The expense of posting any sign under this subsection shall
be borne by the road authority having jurisdiction over the
highway or portion of highway where the emergency speed is
imposed.
(c) A speed established under this subsection may be effective
for not more than 120 days.
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