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 3203
 
                         House Bill 2990
 
Sponsored by Representative JENSON; Representatives GARRARD,
  HUNT, Senators BURDICK, COURTNEY, GORDLY (at the request of Joe
  Pope)
 
 
                             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 as
introduced.
 
  Authorizes Oregon State Police to operate photo radar on state
or interstate highway. Directs Oregon State Police to conduct
process and outcome evaluation once each biennium.
  Distributes half of fines collected from use of photo radar by
Oregon State Police to Oregon State Police and half of fines to
Department of Education.
 
                        A BILL FOR AN ACT
Relating to traffic enforcement; 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 Oregon State Police may operate photo
radar. + }
    { - (1) - }  { +  (2) + } 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.
   { +  (3) A photo radar system operated by the Oregon State
Police may be operated on any state or interstate highway. + }
    { - (2) - }  { +  (4) + } A photo radar system operated
 { + by a jurisdiction designated + } under  { + subsection
(2) + }  { + of + } this section:
  (a) May be used on streets in residential areas or school
zones.
  (b) May be used in   { - other - }  areas  { + not described in
paragraph (a) of this subsection + } 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 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.
    { - (3) - }   { + (5) + }   { - A - }   { + The Oregon State
Police and each  + }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) - }
 { + (b) + } 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) - }   { + (6) + } 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) - }
 { + (5) + } of this section; and
  (b)  { + The Oregon State Police and + } 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) - }
 { + (5) + } 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)  { + In the jurisdictions using photo radar + } 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) - }  { +  (A) + } An indication of the actual speed
of the vehicle is displayed within 150 feet of the location of
the photo radar unit.
    { - (D) - }  { +  (B) + } 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. - }
   { +  (b) When photo radar is used as authorized by ORS
810.438,  + }  { +  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) The citation is mailed to the registered owner of the
vehicle within six business days of the alleged violation.
  (D) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation. + }
    { - (b) - }  { +  (c) + } 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) - }  { +  (d) + } 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  { +  Oregon State Police + }  { + or + } 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.  { + Notwithstanding ORS 153.630, if a member of the
Oregon State Police issues a citation under ORS 810.439, one-half
of the fines collected by any court shall be credited and
distributed to the Oregon State Police. The other half of such
fines shall be credited and distributed to the Department of
Education. + }
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