74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1773
B-Engrossed
House Bill 2466
Ordered by the Senate June 4
Including House Amendments dated May 11 and Senate Amendments
dated June 4
Sponsored by Representative LIM; Representatives BARKER, HUNT,
KOMP
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.
Permits Gladstone, Milwaukie and Oregon City to operate photo
radar. Permits Department of Transportation to operate photo
radar in highway work zones.
A BILL FOR AN ACT
Relating to photo radar; creating new provisions; and 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 following jurisdictions may, at their own
cost, operate photo radar:
{ - (a) Albany. - }
{ - (b) Beaverton. - }
{ - (c) Bend. - }
{ - (d) Eugene. - }
{ - (e) Medford. - }
{ - (f) Portland. - }
{ - (g) Tigard. - }
{ + (a) Albany.
(b) Beaverton.
(c) Bend.
(d) Eugene.
(e) Gladstone.
(f) Medford.
(g) Milwaukie.
(h) Oregon City.
(i) Portland.
(j) Tigard. + }
(2) A photo radar system operated under this section:
(a) May be used on streets in residential areas or school
zones.
(b) May be used in other areas 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) May not be used on controlled access highways.
(e) May not be used unless a sign is posted announcing { + '
Traffic Laws Photo Enforced' + } { - that photo radar is in
use - } . The sign posted under this paragraph must be all of the
following:
(A) On the street on which the photo radar unit is being used.
(B) Between 100 and 400 yards before the location of the photo
radar unit.
{ + (C) At least two feet above ground level. + }
(3) A city that operates a photo radar system under this
section shall, once each biennium, conduct a process and outcome
evaluation for the purposes of subsection (4) of this section
that includes:
(a) The effect of the use of the photo radar system on traffic
safety;
(b) The degree of public acceptance of the use of the photo
radar system; and
(c) The process of administration of the use of the photo radar
system.
(4) By March 1 of the year of each regular session of the
Legislative Assembly:
(a) The Department of Transportation shall provide to the
Legislative Assembly an executive summary of the process and
outcome evaluations conducted under subsection (3) of this
section; and
(b) Each city that operates a photo radar system under this
section shall present to the Legislative Assembly the process and
outcome evaluation conducted by the city under subsection (3) of
this section.
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.
SECTION 3. { + Sections 4 and 5 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 4. { + (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 5. { + (1) Notwithstanding any other provision of law,
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.
(G) The jurisdiction operating photo radar complies with the
requirements described in section 4 of this 2007 Act.
(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 6. { + Sections 4 and 5 of this 2007 Act are repealed
on December 31, 2014. + }
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