74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 108
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of State Police)
CHAPTER ................
AN ACT
Relating to traffic offenses; creating new provisions; and
amending ORS 811.485 and 825.024.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) A driver of a motor vehicle commits the
offense of unsafe passing of a person operating a bicycle if the
driver violates any of the following requirements:
(a) The driver of a motor vehicle may only pass a person
operating a bicycle by driving to the left of the bicycle at a
safe distance and returning to the lane of travel once the motor
vehicle is safely clear of the overtaken bicycle. For the
purposes of this paragraph, a 'safe distance' means a distance
that is sufficient to prevent contact with the person operating
the bicycle if the person were to fall into the driver's lane of
traffic. This paragraph does not apply to a driver operating a
motor vehicle:
(A) In a lane that is separate from and adjacent to a
designated bicycle lane;
(B) At a speed not greater than 35 miles per hour; or
(C) When the driver is passing a person operating a bicycle on
the person's right side and the person operating the bicycle is
turning left.
(b) The driver of a motor vehicle may drive to the left of the
center of a roadway to pass a person operating a bicycle
proceeding in the same direction only if the roadway to the left
of the center is unobstructed for a sufficient distance to permit
the driver to pass the person operating the bicycle safely and
avoid interference with oncoming traffic. This paragraph does not
authorize driving on the left side of the center of a roadway
when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.
(c) The driver of a motor vehicle that passes a person
operating a bicycle shall return to an authorized lane of traffic
as soon as practicable.
(2) Passing a person operating a bicycle in a no passing zone
in violation of ORS 811.420 constitutes prima facie evidence of
commission of the offense described in this section, unsafe
Enrolled Senate Bill 108 (SB 108-BCCA) Page 1
passing of a person operating a bicycle, if the passing results
in injury to or the death of the person operating the bicycle.
(3) The offense described in this section, unsafe passing of a
person operating a bicycle, is a Class B traffic violation. + }
SECTION 3. { + (1) As used in this section, 'forward crossview
mirror' means a mirror or device that enables the driver of a
motor truck to have a clear and unobstructed view of persons or
objects directly in front of the motor truck.
(2) A person commits the offense of failure to inspect if the
person operates a motor truck with a combined weight of more than
10,000 pounds used in commercial delivery and the person:
(a) Operates the motor truck without a forward crossview
mirror; or
(b) Fails to visually inspect the intended path of the vehicle
to verify that the path is free of persons or objects before the
person reenters the motor truck.
(3) This section does not apply to:
(a) Commercial buses;
(b) Tow vehicles;
(c) Vehicles owned or operated by the United States or by any
governmental jurisdiction within the United States except when
owned or operated as a carrier of property for hire;
(d) Vehicles owned or operated by a mass transit district
created under ORS chapter 267; or
(e) Vehicles used for solid waste or recycling collection.
(4) The offense described in this section, failure to inspect,
is a Class C traffic violation. + }
SECTION 4. ORS 825.024 is amended to read:
825.024. (1) Except as provided in ORS 825.026 or as otherwise
provided in this section, this chapter { + and section 3 of this
2007 Act do + } { - does - } not apply to a motor vehicle or
combination owned or leased by a farmer who meets the
qualifications under ORS 805.310 if the vehicle or combination:
(a) Is used for transportation described under ORS 805.390.
(b) Is used for transporting sand, gravel, rock, dirt, debris,
cinders or asphaltic concrete mix to a project of a district or
corporation organized under ORS chapter 545, 547 or 554 when the
project is being constructed on land owned or leased by the
farmer and the materials are directly related to the construction
of the project.
(c) Has three or fewer permanent axles and is used in part to
provide transportation services for hire when such services
relate to the farm of another and are services that the vehicle
owner could perform in the operation of the owner's farm under
farm vehicle registration issued under ORS 805.300 or with the
farm device issued under ORS 805.400. For purposes of this
paragraph, a single drop axle is not a permanent axle.
(d) Is a combination of a pickup truck and a trailer and is
used in part to provide transportation services for hire when
such services relate to the farm of another and are services that
the vehicle owner could perform in the operation of the owner's
farm under farm vehicle registration issued under ORS 805.300 or
with the farm device issued under ORS 805.400.
(2) Vehicles or combinations that either are registered under
ORS 805.300 or have a farm device issued under ORS 805.400 are
subject to the provisions of ORS 825.210, 825.250 and 825.252 if
the vehicles or combinations:
(a) Are operating in interstate commerce; or
(b) Have a combined weight of more than 80,000 pounds.
Enrolled Senate Bill 108 (SB 108-BCCA) Page 2
(3) Any farmer with a vehicle registered under ORS 805.300, or
with a farm device issued under ORS 805.400, may obtain a permit
under ORS 825.102 that will authorize partial use of the vehicle
to provide transportation services for hire.
(4) Any person issued a permit as described in subsection (3)
of this section must comply with record keeping requirements and
reporting requirements that the Department of Transportation
determines necessary for the department to administer this
section. The department may deny the exemptions from provisions
of this chapter provided to persons issued permits as described
in subsection (3) of this section if a person fails to comply
with record keeping requirements.
SECTION 5. ORS 811.485 is amended to read:
811.485. (1) A person commits the offense of following too
closely if the person does any of the following:
(a) Drives a { + motor + } vehicle so as to follow another
vehicle more closely than is reasonable and prudent, having due
regard for the speed of the vehicles and the traffic upon, and
condition of, the highway.
(b) Drives a truck, commercial bus or motor vehicle drawing
another vehicle when traveling upon a roadway outside of a
business or residence district or upon a freeway within the
corporate limits of a city and follows another truck, commercial
bus or motor vehicle drawing another vehicle without, when
conditions permit, leaving sufficient space so that an overtaking
vehicle may enter and occupy the space without danger. This
paragraph does not prevent a truck, commercial bus or motor
vehicle drawing another vehicle from overtaking and passing a
vehicle or combination of vehicles.
(c) Drives a { + motor + } vehicle when traveling upon a
roadway outside of a business or residence district or upon a
freeway within the corporate limits of a city in a caravan or
motorcade whether or not towing another vehicle without operating
the vehicle so as to leave sufficient space between vehicles to
enable a vehicle to enter and occupy the space without danger.
(2) This section does not apply in the case of a funeral
procession. Except for the funeral lead vehicle, vehicles
participating in a funeral procession shall follow the preceding
vehicle as closely as is reasonable and safe.
(3) The offense described in this section, following too
closely, is a Class B traffic violation.
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Enrolled Senate Bill 108 (SB 108-BCCA) Page 3
Passed by Senate May 11, 2007
Repassed by Senate June 24, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 13, 2007
Repassed by House June 26, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 108 (SB 108-BCCA) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 108 (SB 108-BCCA) Page 5