74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2508
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Association Chiefs of Police)
CHAPTER ................
AN ACT
Relating to photo red light; amending ORS 810.434 and 810.436.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 810.434 is amended to read:
810.434. (1) Any city { - with a population of 30,000 or
more - } may, at its own cost, operate cameras designed to
photograph drivers who violate ORS 811.265 by failing to obey a
traffic control device. { - Notwithstanding the population
requirement of this section, the City of Newberg may operate
cameras as provided for other cities in this section. - }
(2) Cameras operated under this section may be mounted on
street lights or put in other suitable places.
(3) A city that chooses to operate a camera shall:
(a) Provide a public information campaign to inform local
drivers about the use of cameras before citations are actually
issued; and
(b) 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 cameras on traffic safety;
(B) The degree of public acceptance of the use of cameras; and
(C) The process of administration of the use of cameras.
(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 by cities under subsection (3) of
this section; and - }
{ - (b) - } each city that operates a camera under this
section shall present to the Legislative Assembly the process and
outcome evaluation conducted by the city under subsection (3) of
this section.
{ - (5)(a) Except as otherwise provided in paragraph (b) of
this subsection, a city authorized to operate cameras under this
section may not operate the cameras at more than eight
intersections in the city. - }
{ - (b) A city with a population of 300,000 or more may not
operate cameras at more than 12 intersections in the city. - }
SECTION 2. ORS 810.436 is amended to read:
810.436. (1) Notwithstanding any other provision of law, if a
city { - authorized to do so by ORS 810.434 - } chooses to
operate a camera that complies with this section and ORS 810.434,
Enrolled House Bill 2508 (HB 2508-A) Page 1
a citation for violation of ORS 811.265 may be issued on the
basis of photographs from a camera taken without the presence of
a police officer if the following conditions are met:
(a) Signs are posted, so far as is practicable, on all major
routes entering the jurisdiction indicating that compliance with
traffic control devices is enforced through cameras.
(b) For each traffic control device at which a camera is
installed, signs indicating that a camera may be in operation at
the device are posted before the device at a location near the
device.
(c) If the traffic control device is a traffic light, the
yellow light shows for at least the length of time recommended by
the standard set by the Institute of Transportation Engineers.
(d) The citation is mailed to the registered owner of the
vehicle, or to the driver if identifiable, within 10 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) A police officer who has reviewed the photograph signs the
citation. 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.
(2) 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.
(3) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation
was issued and delivered as provided in this section.
(4) A person issued a citation under subsection (1) of this
section may respond to the citation by submitting a certificate
of innocence or a certificate of nonliability under subsection
(6) of this section or any other response allowed by law.
(5) A citation for violation of ORS 811.265 issued on the basis
of photographs from a camera installed as provided in this
section and ORS 810.434 may be delivered by mail or otherwise to
the registered owner of the vehicle or to the driver if the
driver is identifiable from the photograph.
(6)(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 violation
the vehicle was in the custody and control of an employee or was
Enrolled House Bill 2508 (HB 2508-A) Page 2
in the custody and control of a renter or lessee under the terms
of a motor vehicle 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 reissued and delivered by mail or otherwise
to the employee, renter or lessee identified in the certificate
of nonliability.
(7) The penalties for and all consequences of a violation of
ORS 811.265 initiated by the use of a camera installed as
provided in this section and ORS 810.434 are the same as for a
violation initiated by any other means.
(8) A registered owner or an employee, renter or lessee against
whom a judgment for failure to appear is entered may move the
court to relieve the owner or the 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.
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Passed by House April 11, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 4, 2007
...........................................................
President of Senate
Enrolled House Bill 2508 (HB 2508-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2508 (HB 2508-A) Page 4