Chapter 794
AN ACT
SB 108
Relating to traffic offenses; creating new
provisions; and amending ORS 811.485 and 825.024.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of the
SECTION 2. (1) A driver of a motor vehicle commits the
offense of unsafe passing of a person operating a bicycle if the driver
violates any of the following requirements:
(a) The driver of a
motor vehicle may only pass a person operating a bicycle by driving to the left
of the bicycle at a safe distance and returning to the lane of travel once the
motor vehicle is safely clear of the overtaken bicycle. For the purposes of
this paragraph, a “safe distance” means a distance that is sufficient to
prevent contact with the person operating the bicycle if the person were to
fall into the driver’s lane of traffic. This paragraph does not apply to a
driver operating a motor vehicle:
(A) In a lane that is
separate from and adjacent to a designated bicycle lane;
(B) At a speed not
greater than 35 miles per hour; or
(C) When the driver is
passing a person operating a bicycle on the person’s right side and the person
operating the bicycle is turning left.
(b) The driver of a
motor vehicle may drive to the left of the center of a roadway to pass a person
operating a bicycle proceeding in the same direction only if the roadway to the
left of the center is unobstructed for a sufficient distance to permit the
driver to pass the person operating the bicycle safely and avoid interference
with oncoming traffic. This paragraph does not authorize driving on the left
side of the center of a roadway when prohibited under ORS 811.295, 811.300 or
811.310 to 811.325.
(c) The driver of a motor
vehicle that passes a person operating a bicycle shall return to an authorized
lane of traffic as soon as practicable.
(2) Passing a person
operating a bicycle in a no passing zone in violation of ORS 811.420
constitutes prima facie evidence of commission of the offense described in this
section, unsafe passing of a person operating a bicycle, if the passing results
in injury to or the death of the person operating the bicycle.
(3) The offense
described in this section, unsafe passing of a person operating a bicycle, is a
Class B traffic violation.
SECTION 3. (1) As used in this section, “forward
crossview mirror” means a mirror or device that enables the driver of a motor
truck to have a clear and unobstructed view of persons or objects directly in front
of the motor truck.
(2) A person commits the
offense of failure to inspect if the person operates a motor truck with a
combined weight of more than 10,000 pounds used in commercial delivery and the
person:
(a) Operates the motor
truck without a forward crossview mirror; or
(b) Fails to visually
inspect the intended path of the vehicle to verify that the path is free of
persons or objects before the person reenters the motor truck.
(3) This section does
not apply to:
(a) Commercial buses;
(b) Tow vehicles;
(c) Vehicles owned or
operated by the United States or by any governmental jurisdiction within the
United States except when owned or operated as a carrier of property for hire;
(d) Vehicles owned or
operated by a mass transit district created under ORS chapter 267; or
(e) Vehicles used for
solid waste or recycling collection.
(4) The offense
described in this section, failure to inspect, is a Class C traffic violation.
SECTION 4. ORS 825.024 is amended to read:
825.024. (1) Except as
provided in ORS 825.026 or as otherwise provided in this section, this chapter and
section 3 of this 2007 Act do [does]
not apply to a motor vehicle or combination owned or leased by a farmer who
meets the qualifications under ORS 805.310 if the vehicle or combination:
(a) Is used for
transportation described under ORS 805.390.
(b) Is used for
transporting sand, gravel, rock, dirt, debris, cinders or asphaltic concrete
mix to a project of a district or corporation organized under ORS chapter 545,
547 or 554 when the project is being constructed on land owned or leased by the
farmer and the materials are directly related to the construction of the
project.
(c) Has three or fewer
permanent axles and is used in part to provide transportation services for hire
when such services relate to the farm of another and are services that the
vehicle owner could perform in the operation of the owner’s farm under farm
vehicle registration issued under ORS 805.300 or with the farm device issued
under ORS 805.400. For purposes of this paragraph, a single drop axle is not a
permanent axle.
(d) Is a combination of
a pickup truck and a trailer and is used in part to provide transportation
services for hire when such services relate to the farm of another and are
services that the vehicle owner could perform in the operation of the owner’s
farm under farm vehicle registration issued under ORS 805.300 or with the farm
device issued under ORS 805.400.
(2) Vehicles or
combinations that either are registered under ORS 805.300 or have a farm device
issued under ORS 805.400 are subject to the provisions of ORS 825.210, 825.250
and 825.252 if the vehicles or combinations:
(a) Are operating in
interstate commerce; or
(b) Have a combined
weight of more than 80,000 pounds.
(3) Any farmer with a
vehicle registered under ORS 805.300, or with a farm device issued under ORS
805.400, may obtain a permit under ORS 825.102 that will authorize partial use
of the vehicle to provide transportation services for hire.
(4) Any person issued a
permit as described in subsection (3) of this section must comply with record
keeping requirements and reporting requirements that the Department of
Transportation determines necessary for the department to administer this
section. The department may deny the exemptions from provisions of this chapter
provided to persons issued permits as described in subsection (3) of this
section if a person fails to comply with record keeping requirements.
SECTION 5. ORS 811.485 is amended to read:
811.485. (1) A person commits the offense of following too closely if the
person does any of the following:
(a) Drives a motor
vehicle so as to follow another vehicle more closely than is reasonable and
prudent, having due regard for the speed of the vehicles and the traffic upon,
and condition of, the highway.
(b) Drives a truck,
commercial bus or motor vehicle drawing another vehicle when traveling upon a
roadway outside of a business or residence district or upon a freeway within
the corporate limits of a city and follows another truck, commercial bus or
motor vehicle drawing another vehicle without, when conditions permit, leaving
sufficient space so that an overtaking vehicle may enter and occupy the space
without danger. This paragraph does not prevent a truck, commercial bus or
motor vehicle drawing another vehicle from overtaking and passing a vehicle or
combination of vehicles.
(c) Drives a motor
vehicle when traveling upon a roadway outside of a business or residence
district or upon a freeway within the corporate limits of a city in a caravan
or motorcade whether or not towing another vehicle without operating the
vehicle so as to leave sufficient space between vehicles to enable a vehicle to
enter and occupy the space without danger.
(2) This section does
not apply in the case of a funeral procession. Except for the funeral lead
vehicle, vehicles participating in a funeral procession shall follow the
preceding vehicle as closely as is reasonable and safe.
(3) The offense
described in this section, following too closely, is a Class B traffic
violation.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
__________