74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2466
LC 1773/HB 2466-8
HOUSE AMENDMENTS TO
HOUSE BILL 2466
By COMMITTEE ON TRANSPORTATION
May 11
On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 810.438.'.
Delete lines 6 through 12 and insert:
' (a) Albany.
' (b) Beaverton.
' (c) Bend.
' (d) Eugene.
' (e) Gladstone.
' (f) Medford.
' (g) Milwaukie.
' (h) Oregon City.
' (i) Portland.
' (j) Tigard.'.
In line 19, delete the boldfaced material and insert ' '
Traffic Laws Photo Enforced' ' .
In line 22, restore the bracketed material and delete the
boldfaced material.
Delete line 23 and insert:
' (C) At least two feet above ground level.'.
On page 2, after line 4, insert:
' { + SECTION 2. + } { + Sections 3 and 4 of this 2007 Act
are added to and made a part of the Oregon Vehicle Code. + }
' { + SECTION 3. + } { + (1) The Department of
Transportation may operate photo radar within a highway work zone
that is located on a state highway, except for a highway work
zone located on an interstate highway.
' (2) The department, at its own cost, may ask a jurisdiction
authorized to operate photo radar under ORS 810.438 (1) or the
Oregon State Police to operate a photo radar unit in a highway
work zone on a state highway, except for a highway work zone
located on an interstate highway.
' (3) A photo radar unit operated under this section may not be
used unless a sign is posted announcing that photo radar is in
use. The sign posted under this subsection must be all of the
following:
' (a) Located on the state highway on which the photo radar
unit is being used.
' (b) Between 100 and 400 yards before the location of the
photo radar unit.
' (4) The department shall, once each biennium, conduct a
process and outcome evaluation for the purposes of subsection (5)
of this section that includes:
' (a) The effect of the use of photo radar on traffic safety;
' (b) The degree of public acceptance of the use of photo
radar; and
' (c) The process of administration of the use of photo radar.
' (5) The department shall report to the Legislative Assembly
by March 1 of each odd-numbered year.
' (6) As used in this section, 'highway work zone' has the
meaning given that term in ORS 811.230. + }
' { + SECTION 4. + } { + (1) Notwithstanding any other
provision of law, except for section 3 of this 2007 Act, when a
jurisdiction or the Oregon State Police uses photo radar in a
highway work zone:
' (a) A citation for speeding may be issued on the basis of
photo radar if the following conditions are met:
' (A) The photo radar unit is operated by a uniformed police
officer.
' (B) The photo radar unit 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) The citation is mailed to the registered owner of the
vehicle within six business days of the alleged violation.
' (E) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
' (F) One or more highway workers are present. For the purposes
of this subparagraph, 'highway workers' has the meaning given
that term in ORS 811.230.
' (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. 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.
' (3)(a) A registered owner of a vehicle may respond by mail to
a citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a
certificate of innocence swearing or affirming that the owner was
not the driver of the vehicle and by providing a photocopy of the
owner's driver license. A jurisdiction that receives a
certificate of innocence under this paragraph shall dismiss the
citation without requiring a court appearance by the registered
owner or any other information from the registered owner other
than the swearing or affirmation and the photocopy. The citation
may be reissued only once, only to the registered owner and only
if the jurisdiction verifies that the registered owner appears to
have been the driver at the time of the violation. A registered
owner may not submit a certificate of innocence in response to a
reissued citation.
' (b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting, within
30 days from the mailing of the citation, a certificate of
nonliability 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) 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 subsection (1) of this
section, 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.
' (5) 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.
' (6) A registered owner, employee, renter or lessee against
whom a judgment for failure to appear is entered may move the
court to relieve the registered 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.
' (7) As used in this section, 'highway work zone' has the
meaning given that term in ORS 811.230. + }
' { + SECTION 5. + } { + Sections 3 and 4 of this 2007 Act
are repealed on December 31, 2014. + } ' .
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