Chapter 851 Oregon Laws 1999

Session Law

AN ACT

HB 2071

Relating to traffic control devices.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The following cities may, at their own cost, operate camera demonstration projects designed to photograph drivers who violate ORS 811.265 by failing to obey a traffic control device:

(a) Beaverton.

(b) Bend.

(c) Medford.

(d) Portland.

(2) Cameras used in the demonstration projects may be mounted on street lights or put in other suitable places.

(3) A city named in subsection (1) of this section, if it chooses to operate a camera demonstration project, shall:

(a) Provide a public information campaign to inform local drivers about the use of cameras before citations are actually issued; and

(b) Conduct a process and outcome evaluation of the demonstration project for the Department of Transportation that includes:

(A) The effect of the project on traffic safety;

(B) The degree of public acceptance of the project; and

(C) The process of administration of the project.

(4) The Department of Transportation shall provide an executive summary of the demonstration projects to the Seventy-first Legislative Assembly.

SECTION 2. (1) Notwithstanding any other provision of law, if a city authorized to do so by section 1 of this 1999 Act chooses to operate a camera demonstration project that complies with this 1999 Act, 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) Signs are posted near each traffic control device at which a camera is installed, indicating that a camera may be in operation at that device.

(c) 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.

(d) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

(e) 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 192.825 to 192.855.

(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, the provisions of ORS 153.555 shall apply, and a judgment 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 1999 Act 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) If a registered owner of a vehicle 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 innocence swearing or affirming that the owner was not the driver of the vehicle and a photocopy of the owner's driver license, the citation shall be dismissed. The citation may be reissued if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation.

(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 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 1999 Act 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 153.555 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

SECTION 3. Sections 1 and 2 of this 1999 Act are repealed on December 31, 2001.

Approved by the Governor July 23, 1999

Filed in the office of Secretary of State July 23, 1999

Effective date October 23, 1999

__________