75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2269
Senate Bill 669
Sponsored by Senator WINTERS; Senators BOQUIST, FERRIOLI, KRUSE,
TELFER, Representative THOMPSON (at the request of Turner Chief
of Police Gary Will)
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.
Clarifies and modifies basic speed rule and speed limit.
Punishes violation of basic speed rule under certain
circumstances by fine of $720.
A BILL FOR AN ACT
Relating to highway speeds; amending ORS 137.290, 810.180,
811.100, 811.109 and 811.111.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 811.100 is amended to read:
811.100. (1) A person commits the offense of violating the
basic speed rule if the person drives a vehicle upon a highway at
a speed greater than is reasonable and prudent, having due regard
to all of the following:
(a) The traffic.
(b) The surface and width of the highway.
(c) The hazard at intersections.
(d) Weather.
(e) Visibility.
(f) Any other conditions then existing.
(2) The following apply to the offense described in this
section:
(a) The offense is as applicable on an alley as on any other
highway.
(b) Speeds that are prima facie evidence of violation of this
section are established by ORS 811.105.
(c) This section and ORS 811.105 establish limitation on speeds
that are in addition to speed limits established in ORS 811.111.
{ - (3) Except as provided in subsection (4) of this section,
violation of the basic speed rule by exceeding a designated speed
posted under ORS 810.180 is punishable as provided in ORS
811.109. - }
{ - (4) - } { + (3) + } The offense described in this
section, violating the basic speed rule, is { + :
(a) + } A Class B traffic violation if the person drives a
vehicle upon a highway at a speed that is not reasonable and
prudent under the circumstances described in subsection (1) of
this section even though the speed is lower than the appropriate
speed specified in ORS 811.105 as prima facie evidence of
violation of the basic speed rule { - . - } { + ; or
(b) A Class A traffic violation if the person drives a vehicle
upon a highway at a speed that is not reasonable and prudent
under the circumstances described in subsection (1) of this
section and is greater than the appropriate speed specified in
ORS 811.105. + }
SECTION 2. ORS 811.109 is amended to read:
811.109. (1) Violation of a specific speed limit imposed under
law or of a posted speed limit is punishable as follows:
(a) One to 10 miles per hour in excess of the speed limit is a
Class D traffic violation.
(b) 11 to 20 miles per hour in excess of the speed limit is a
Class C traffic violation.
(c) 21 to 30 miles per hour in excess of the speed limit is a
Class B traffic violation.
(d) Over 30 miles per hour in excess of the speed limit is a
Class A traffic violation.
(2) Notwithstanding subsection (1) of this section, if the
speed limit is 65 miles per hour or greater and:
(a) The person is exceeding the speed limit by 10 miles per
hour or less, the offense is a Class C traffic violation.
(b) The person is exceeding the speed limit by more than 10
miles per hour but not more than 20 miles per hour, the offense
is a Class B traffic violation.
(c) The person is exceeding the speed limit by more than 20
miles per hour, the offense is a Class A traffic violation.
{ - (3) Violation of the basic speed rule by exceeding a
designated speed posted under ORS 810.180 is punishable as
follows: - }
{ - (a) One to 10 miles per hour in excess of the designated
speed is a Class D traffic violation. - }
{ - (b) 11 to 20 miles per hour in excess of the designated
speed is a Class C traffic violation. - }
{ - (c) 21 to 30 miles per hour in excess of the designated
speed is a Class B traffic violation. - }
{ - (d) Over 30 miles per hour in excess of the designated
speed is a Class A traffic violation. - }
{ - (4) - } { + (3) + } In addition to a fine imposed under
{ + ORS 811.100 + } { + and + } subsection (1) { - , - } { +
or + } (2) { - or (3) - } of this section, a court may impose
a suspension of driving privileges for up to 30 days if a person
exceeds a speed limit or designated speed by more than 30 miles
per hour and the person has received at least one prior
conviction under ORS 811.100 or 811.111 within 12 months of the
date of the current offense.
{ - (5) - } { + (4) + } If a person drives 100 miles per
hour or greater when the person commits a violation described in
this section, a court shall impose the following in lieu of a
punishment otherwise imposed under this section:
(a) A fine of $1,000; and
(b) A suspension of driving privileges for not less than 30
days nor more than 90 days.
{ - (6) - } { + (5) + } When a court imposes a suspension
under subsection
{ - (4) or (5) - } { + (3) or (4) + } of this section, the
court shall prepare and send to the Department of Transportation
an order of suspension of driving privileges of the person. Upon
receipt of an order under this subsection, the department shall
take action as directed under ORS 809.280.
SECTION 3. ORS 811.111 is amended to read:
811.111. { - (1) A person commits the offense of violating a
speed limit if the person: - }
{ - (a) Drives a vehicle on an interstate highway at a speed
greater than 65 miles per hour or, if a different speed is posted
under ORS 810.180 (3), at a speed greater than the posted
speed. - }
{ - (b) Notwithstanding paragraph (a) of this subsection,
drives any of the following vehicles at a speed greater than 55
miles per hour on any highway or, if a different speed is posted
under ORS 810.180 (3), at a speed greater than the posted
speed: - }
{ - (A) A motor truck with a gross vehicle weight rating of
more than 10,000 pounds or a truck tractor with a gross vehicle
weight rating of more than 8,000 pounds. - }
{ - (B) A school bus. - }
{ - (C) A school activity vehicle. - }
{ - (D) A worker transport bus. - }
{ - (E) A bus operated for transporting children to and from
church or an activity or function authorized by a church. - }
{ - (F) Any vehicle used in the transportation of persons for
hire by a nonprofit entity as provided in ORS 825.017 (9). - }
{ + (1) A person commits the offense of violating a speed
limit if the person:
(a) Drives a vehicle at a speed greater than the posted
speed. + }
{ - (c) - } { + (b) + } Drives a vehicle or conveyance on
any part of the ocean shore in this state at a speed greater than
any of the following:
(A) Any designated speed for ocean shores that is established
and posted under ORS 810.180.
(B) If no designated speed is posted under ORS 810.180, 25
miles per hour.
{ - (d) - } { + (c) + } Drives a vehicle upon a highway in
any city at a speed greater than a speed posted by authority
granted under ORS 810.180 or, if no speed is posted, the
following:
(A) Fifteen miles per hour when driving on an alley or a narrow
residential roadway.
(B) Twenty miles per hour in a business district.
(C) Twenty-five miles per hour in a public park.
(D) Twenty-five miles per hour on a highway in a residence
district if the highway is not an arterial highway.
(E) Sixty-five miles per hour on an interstate highway.
(F) Fifty-five miles per hour in locations not otherwise
described in this paragraph.
{ - (e) - } { + (d) + } Drives a vehicle in a school zone
at a speed greater than 20 miles per hour if the school zone is:
(A) A segment of highway described in ORS 801.462 (1)(a) and:
(i) The school zone has a flashing light used as a traffic
control device and operated under ORS 811.106 and the flashing
light indicates that children may be arriving at or leaving
school; or
(ii) If the school zone does not have a flashing light used as
a traffic control device, the person drives in the school zone
between 7 a.m. and 5 p.m. on a day when school is in session.
(B) A crosswalk described in ORS 801.462 (1)(b) and:
(i) A flashing light used as a traffic control device and
operated under ORS 811.106 indicates that children may be
arriving at or leaving school; or
(ii) Children are present, as described in ORS 811.124.
(2) The offense described in this section, violating a speed
limit, is punishable as provided in ORS 811.109.
SECTION 4. ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section.
Except when the person successfully asserts the defense set forth
in ORS 419C.522, the unitary assessment shall also be imposed by
the circuit court and county court in juvenile cases under ORS
419C.005 (1). The unitary assessment is a penal obligation in the
nature of a fine and shall be in an amount as follows:
(a) $107 in the case of a felony.
(b) $67 in the case of a misdemeanor.
(c) $97 in the case of a conviction for driving under the
influence of intoxicants.
(d) $37 in the case of a violation as described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $42 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating { - : - }
{ - (A) - } ORS 811.100 by driving at a speed at least 10
miles per hour greater than is reasonable and prudent under the
circumstances; { - or - }
{ - (B) ORS 811.111 (1)(b) by driving at least 65 miles per
hour; - }
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163;
(c) $500 if the crime of conviction is a violation of ORS
475.890 or 475.892; and
(d) $1,000 if the crime of conviction is a violation of ORS
475.886 or 475.888.
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court:
(a) May waive all or part of the unitary assessment required
under subsections (1) and (2)(a) of this section only if the
court imposes no fine on the defendant.
(b) May not waive the portion of the unitary assessment
required under subsection (2)(c) or (d) of this section, except
in juvenile cases under ORS 419C.005 (1).
SECTION 5. ORS 810.180 is amended to read:
810.180. (1) As used in this section:
(a) 'Designated speed' means the speed that is designated by a
road authority as the maximum permissible speed for a highway and
that may be different from the statutory speed for the highway.
(b) 'Statutory speed' means the speed that is established as a
speed limit under ORS 811.111, or is established as the speed the
exceeding of which is prima facie evidence of violation of the
basic speed rule under ORS 811.105.
(2)(a) A designated speed established under this section is a
speed limit if the highway for which the speed is designated is
subject to a statutory speed limit under ORS 811.111 { - that
is in addition to the speed limit established under ORS 811.111
(1)(b) - } .
(b) A speed greater than a designated speed established under
this section is prima facie evidence of violation of the basic
speed rule if the designated speed is established for a highway
on which there is no speed limit { - other than the limit
established under ORS 811.111 (1)(b) - } .
(3) The Department of Transportation may establish by rule
designated speeds on any specified section of interstate highway
if the department determines that speed limits established under
ORS 811.111 (1) are greater or less than is reasonable or safe
under the conditions that exist with respect to that section of
the interstate highway. Designated speeds established under this
subsection are subject to all of the following:
(a) The department may not establish a designated speed under
this subsection of more than:
(A) Sixty-five miles per hour for { - vehicles described in
ORS 811.111 (1)(b) - } { + any of the following vehicles:
(i) A motor truck with a gross vehicle weight rating of more
than 10,000 pounds or a truck tractor with a gross vehicle weight
rating of more than 8,000 pounds;
(ii) A school bus;
(iii) A school activity vehicle;
(iv) A worker transport bus;
(v) A bus operated for transporting children to and from church
or an activity or function authorized by a church; or
(vi) Any vehicle used in the transportation of persons for hire
by a nonprofit entity as provided in ORS 825.017 (9) + }; and
(B) Seventy miles per hour for all other vehicles.
(b) If the department establishes designated speeds under this
subsection that are greater than 65 miles per hour, the
designated speed for vehicles described in { - ORS 811.111
(1)(b) - } { + paragraph (a)(A) of this subsection + } must be
at least five miles per hour lower than the designated speed for
all other vehicles on the specified section of interstate
highway.
(c) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the interstate highway is
greater or less than is reasonable or safe under conditions the
department finds to exist.
(d) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the section of interstate highway where the
designated speed is imposed.
(4)(a) The department may establish, pursuant to a process
established by rule, a designated speed on a state highway
outside of a city. The authority granted under this subsection
includes, but is not limited to, the authority to establish
different designated speeds for different kinds or classes of
vehicles as the department determines reasonable and safe. A
designated speed established under this subsection for any kind
or class of vehicles may not exceed the speed limit for the
highway { - for that kind or class of vehicles - } as
established in ORS 811.111 or, if there is no speed limit for the
highway { - other than the limit established in ORS 811.111
(1)(b) - } , may not exceed 55 miles per hour.
(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department
finds to exist.
(c) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the portion of highway where the designated
speed is imposed.
(5) After a written request is received from a road authority
for a highway other than a highway described in subsection (3) or
(4) of this section, the department, pursuant to a process
established by rule, may establish a designated speed for the
highway. The authority granted under this subsection includes,
but is not limited to, the authority to establish different
designated speeds for different kinds or classes of vehicles as
the department determines reasonable and safe. The authority
granted under this subsection is subject to all of the following:
(a) The written request from the road authority must state a
recommended designated speed.
(b) The department may establish a designated speed under this
subsection only if an engineering and traffic investigation
indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department
finds to exist.
(c) The department may not make a final decision to establish a
designated speed under this subsection without providing the
affected road authorities with notice and opportunity for a
hearing.
(d) A road authority may file a written objection to a
designated speed that is proposed by the department under this
subsection and that affects the road authority.
(e) A designated speed established under this subsection is
effective when appropriate signs giving notice of the designated
speed are posted on the portion of the highway where the
designated speed is imposed. The expense of erecting any sign
under this subsection shall be borne by the road authority having
jurisdiction over the portion of the highway where the designated
speed is imposed.
(f) The department, pursuant to a process established by rule,
may delegate its authority under this subsection with respect to
highways that are low volume or unpaved to a city or county with
jurisdiction over the highway. The department shall delegate
authority under this paragraph only if it determines that the
city or county will exercise the authority according to criteria
adopted by the department.
(6) The department may override the speed limit established for
ocean shores under ORS 811.111 { - (1)(c) - } { + (1)(b) + }
and establish a designated speed of less than 25 miles per hour
on any specified section of ocean shore if the department
determines that the speed limit established under ORS 811.111
{ - (1)(c) - } { + (1)(b) + } is greater than is reasonable or
safe under the conditions that exist with respect to that part of
the ocean shore. The authority granted under this subsection is
subject to all of the following:
(a) The department may make the determination required under
this subsection only on the basis of an investigation.
(b) A designated speed established under this subsection is
effective when posted upon appropriate fixed or variable signs on
the portion of ocean shore where the designated speed is imposed.
(7) A road authority may adopt a designated speed to regulate
the speed of vehicles in parks under the jurisdiction of the road
authority. A road authority regulating the speed of vehicles
under this subsection shall post and maintain signs at all park
entrances to give notice of any designated speed.
(8) A road authority may establish by ordinance or order a
temporary designated speed for highways in its jurisdiction that
is lower than the statutory speed. A temporary designated speed
may be established under this subsection if, in the judgment of
the road authority, the temporary designated speed is necessary
to protect any portion of the highway from being unduly damaged,
or to protect the safety of the public and workers when temporary
conditions such as construction or maintenance activities
constitute a danger. The following apply to the authority granted
under this subsection:
(a) Statutory speeds may be overridden by a temporary
designated speed only:
(A) For a specific period of time for all vehicles; or
(B) For a specified period of time for a specific kind or class
of vehicle that is causing identified damage to highways.
(b) This subsection may not be used to establish a permanent
designated speed.
(c) The authority granted by this subsection may be exercised
only if the ordinance or order that imposes the temporary
designated speed:
(A) Specifies the hazard, damage or other condition requiring
the temporary designated speed; and
(B) Is effective only for a specified time that corresponds to
the hazard, damage or other condition specified.
(d) A temporary designated speed imposed under this subsection
must be imposed by a proper written ordinance or order. A sign
giving notice of the temporary designated speed must be posted at
each end of the portion of highway where the temporary designated
speed is imposed and at such other places on the highway as may
be necessary to inform the public. The temporary designated speed
shall be effective when signs giving notice of the temporary
designated speed are posted.
(9) A road authority may establish an emergency speed on any
highway under the jurisdiction of the road authority that is
different from the existing speed on the highway. The authority
granted under this subsection is subject to all of the following:
(a) A speed established under this subsection is effective when
appropriate signs giving notice thereof are posted upon the
highway or portion of highway where the emergency speed is
imposed. All signs posted under this subsection must comply with
ORS 810.200.
(b) The expense of posting any sign under this subsection shall
be borne by the road authority having jurisdiction over the
highway or portion of highway where the emergency speed is
imposed.
(c) A speed established under this subsection may be effective
for not more than 120 days.
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