Chapter 47 Oregon Laws 2008 Special Session
AN ACT
SB 1084
Relating to pedestrians; creating new provisions; amending ORS 814.070;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 814.070 is amended to read:
814.070. (1) A
pedestrian commits the offense of pedestrian with improper position upon or
improperly proceeding along a highway if the pedestrian does any of the
following:
(a) Takes a position
upon or proceeds along and upon the roadway where there is an adjacent usable
sidewalk or shoulder.
(b) Does not take a
position upon or proceed along and upon the shoulder, as far as practicable
from the roadway edge, on a highway that has an adjacent shoulder area on one
or both sides.
(c) Except in the case
of the divided highway, does not take a position upon or proceed along and upon
the left shoulder and as far as practicable from the roadway edge on a two-way
highway that has no sidewalk and that does have an adjacent shoulder area. This
paragraph does not apply to:
(A) A hitchhiker who
takes a position upon or proceeds along and upon the right shoulder so long as
the hitchhiker does so facing the vehicles using the adjacent lane of the
roadway; or
(B) A member of a group
that has adopted that section of highway under the provisions of ORS 366.158
and who is obeying the rules of the Department of Transportation for picking up
litter on either side of the roadway.
(d) Does not take a
position upon or proceed along and upon the right highway shoulder, as far as
practicable from the roadway edge, on a divided highway that has no sidewalk
and does have a shoulder area. This paragraph does not apply to a member of a
group that has adopted that section of highway under the provisions of ORS
366.158 and who is obeying the rules of the Department of Transportation for
picking up litter on either side of the roadway.
(e) Fails to take a
position upon or proceed along and upon a highway that has neither sidewalk nor
shoulder available, as near as practicable to an outside edge of the roadway,
and, if the roadway is a two-way roadway, only on the left side of it.
(2) This section is
subject to the provisions of ORS 814.100.
(3) A pedestrian does
not commit the offense of pedestrian with improper position upon or improperly
proceeding along a highway if the pedestrian:
(a) Does not impede
traffic or create a traffic hazard;
(b) Posts advance
warning signs in compliance with standards adopted by the
(c) Wears high-visibility
safety apparel in compliance with standards adopted by the
(d) Has a permit or
belongs to a group that has a permit issued under section 5 of this 2008 Act.
[(3)] (4) The offense described in this section, pedestrian
with improper position upon or improperly proceeding along a highway, is a
Class D traffic violation.
SECTION 2.
ORS 814.070, as amended by section 1 of this 2008 Act, is amended to read:
814.070. (1) A
pedestrian commits the offense of pedestrian with improper position upon or
improperly proceeding along a highway if the pedestrian does any of the
following:
(a) Takes a position
upon or proceeds along and upon the roadway where there is an adjacent usable
sidewalk or shoulder.
(b) Does not take a
position upon or proceed along and upon the shoulder, as far as practicable
from the roadway edge, on a highway that has an adjacent shoulder area on one
or both sides.
(c) Except in the case
of the divided highway, does not take a position upon or proceed along and upon
the left shoulder and as far as practicable from the roadway edge on a two-way
highway that has no sidewalk and that does have an adjacent shoulder area. This
paragraph does not apply to:
(A) A hitchhiker who
takes a position upon or proceeds along and upon the right shoulder so long as
the hitchhiker does so facing the vehicles using the adjacent lane of the
roadway; or
(B) A member of a group
that has adopted that section of highway under the provisions of ORS 366.158
and who is obeying the rules of the Department of Transportation for picking up
litter on either side of the roadway.
(d) Does not take a
position upon or proceed along and upon the right highway shoulder, as far as
practicable from the roadway edge, on a divided highway that has no sidewalk
and does have a shoulder area. This paragraph does not apply to a member of a
group that has adopted that section of highway under the provisions of ORS
366.158 and who is obeying the rules of the Department of Transportation for
picking up litter on either side of the roadway.
(e) Fails to take a
position upon or proceed along and upon a highway that has neither sidewalk nor
shoulder available, as near as practicable to an outside edge of the roadway,
and, if the roadway is a two-way roadway, only on the left side of it.
(2) This section is
subject to the provisions of ORS 814.100.
[(3) A pedestrian does not commit the offense of pedestrian with
improper position upon or improperly proceeding along a highway if the
pedestrian:]
[(a) Does not impede traffic or create a traffic hazard;]
[(b) Posts advance warning signs in compliance with standards adopted by
the
[(c) Wears high-visibility safety apparel in compliance with standards
adopted by the
[(d) Has a permit or belongs to a group that has a permit issued under
section 5 of this 2008 Act.]
[(4)] (3) The offense described in this section, pedestrian
with improper position upon or improperly proceeding along a highway, is a
Class D traffic violation.
SECTION 3. The
amendments to ORS 814.070 by section 2 of this 2008 Act become operative on
January 2, 2012.
SECTION 4. Section
5 of this 2008 Act is added to and made a part of the
SECTION 5. (1)
A road authority may issue a permit that authorizes a pedestrian or a group to
be positioned upon or to proceed along a highway if the pedestrian or group
shows to the satisfaction of the road authority:
(a) Proof of liability
insurance in an amount of not less than $1 million; and
(b) That the pedestrian
or group will meet the public safety requirements adopted by the Department of
Transportation by rule.
(2) Upon issuance of a
permit, the permit holder shall provide a copy of the permit to any applicable
local jurisdiction.
SECTION 6. Section
5 of this 2008 Act is repealed on January 2, 2012.
SECTION 7. A
road authority may not issue a permit under section 5 of this 2008 Act after
July 1, 2011.
SECTION 8. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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