74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to A-Eng. HB 2466
 
LC 1773/HB 2466-A9
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2466
 
                      By COMMITTEE ON RULES
 
                             June 4
 
  On page 1 of the printed A-engrossed bill, line 2, after '
810.438' insert 'and 810.439'.
  On page 2, after line 18, insert:
  '  { +  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
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, so far as is practicable, on all major routes
entering the jurisdiction.
  ' (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) The jurisdiction operating photo radar complies
with the requirements described in ORS 810.438. + }
  ' (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 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 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 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) 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 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.'.
  In line 19, delete '2' and insert '3' and delete '3 and 4' and
insert '4 and 5'.
  In line 21, delete '3' and insert '4'.
  In line 42, delete '4' and insert '5' and after the comma
delete the rest of the line.
  In line 43, delete '2007 Act,'.
  On page 3, after line 11, insert:
  ' (G) The jurisdiction operating photo radar complies with the
requirements described in section 4 of this 2007 Act.'.
  On page 4, line 7, delete '5' and insert '6' and delete ' 3 and
4' and insert '4 and 5'.
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