Chapter 1071 Oregon Laws 1999

Session Law

AN ACT

HB 3085

Relating to enforcement of traffic laws; creating new provisions; and amending ORS 810.438 and 810.439 and section 37, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20).

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

SECTION 1. ORS 810.438 is amended to read:

810.438. (1) The following jurisdictions may, at their own cost, operate photo radar:

(a) Albany.

[(a)] (b) [City of] Beaverton.

(c) Bend.

(d) Eugene.

(e) Medford.

[(b)] (f) [City of] Portland.

(g) Tigard.

(2) A photo radar system operated under this section:

(a) May be used on streets in residential areas or school zones.

(b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.

(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 must be on the street on which the photo radar unit is being used and must be no closer than 100 yards and no farther than 400 yards from the location of the unit.

SECTION 2. ORS 810.439 is amended to read:

810.439. (1) Notwithstanding any other provision of law, in the jurisdictions [authorized to use] using photo radar:

(a) 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) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.

(D) 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.

(G) 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 this subsection, 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.

(b) 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) 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.

(3)(a) If a registered owner of a vehicle responds 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 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 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) 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.

(5) 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 153.555 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

SECTION 3. ORS 810.438 and 810.439 are added to and made a part of ORS chapter 810.

SECTION 4. Section 5 of this 1999 Act is added to and made a part of ORS chapter 811.

SECTION 5. (1) In order to determine the effect of increasing fines in safety corridors, signs shall be posted in two safety corridors chosen by the Department of Transportation indicating that fines for traffic offenses committed in those safety corridors will be doubled.

(2) In establishing minimum bail amounts under ORS 1.520 for traffic offenses that occur in the safety corridors designated by the department under subsection (1) of this section, the Supreme Court shall:

(a) Double the fine portion of the bail amount established for the same offense occurring outside of the designated safety corridors; and

(b) Add the amount of the unitary assessment under ORS 137.290 and the amount of the county assessment under ORS 137.309 that are appropriate to the fine portion of the bail amount for the offense if the offense occurs outside of the designated safety corridors.

(3) This section applies to the following offenses if committed in the designated safety corridors:

(a) Class A or Class B traffic infractions.

(b) Class C or Class D traffic infractions related to exceeding a legal speed.

(c) Major traffic offenses as defined in ORS 153.500.

SECTION 5a. If Senate Bill 20 becomes law, on January 1, 2000, section 5 of this 1999 Act is amended to read:

Sec. 5. (1) In order to determine the effect of increasing fines in safety corridors, signs shall be posted in two safety corridors chosen by the Department of Transportation indicating that fines for traffic offenses committed in those safety corridors will be doubled.

[(2) In establishing minimum bail amounts under ORS 1.520 for traffic offenses that occur in the safety corridors designated by the department under subsection (1) of this section, the Supreme Court shall:]

[(a) Double the fine portion of the bail amount established for the same offense occurring outside of the designated safety corridors; and]

[(b) Add the amount of the unitary assessment under ORS 137.290 and the amount of the county assessment under ORS 137.309 that are appropriate to the fine portion of the bail amount for the offense if the offense occurs outside of the designated safety corridors.]

(2)(a) The base fine amount for a person charged with an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a safety corridor shall be the amount established under sections 34 to 39, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), based on the foundation amount calculated under section 37, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20). The minimum fine for a person convicted of an offense that is listed in subsection (3)(a) or (b) of this section and that is committed in a safety corridor is the base fine amount so calculated.

(b) The minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a safety corridor is 20 percent of the maximum fine established for the offense.

(c) The minimum fine for a person convicted of a felony offense that is listed in subsection (3)(c) to (g) of this section and that is committed in a safety corridor is two percent of the maximum fine established for the offense.

(3) This section applies to the following offenses if committed in the designated safety corridors:

(a) Class A or Class B traffic [infractions] violations.

(b) Class C or Class D traffic [infractions] violations related to exceeding a legal speed.

[(c) Major traffic offenses as defined in ORS 153.500.]

(c) Reckless driving, as defined in ORS 811.140.

(d) Driving while under the influence of intoxicants, as defined in ORS 813.010.

(e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

(f) Criminal driving while suspended or revoked, as defined in ORS 811.182.

(g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

SECTION 5b. Nothing in the amendments to section 5 of this 1999 Act by section 5a of this 1999 Act affects the repealing provisions of section 6 of this 1999 Act.

SECTION 5c. If Senate Bill 20 becomes law, section 37, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), is amended to read:

Sec. 37. If a person is charged with a traffic offense, and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230, [or] occurred in a posted school zone and is subject to the provisions of ORS 811.235, or occurred in a safety corridor and is subject to the provisions of section 5 of this 1999 Act, the foundation amount to be used in calculating the base fine under sections 34 to 39, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), [of this 1999 Act] is 80 percent of the maximum fine established for the violation.

SECTION 5d. If Senate Bill 20 becomes law, section 37, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), as amended by section 5c of this 1999 Act, is amended to read:

Sec. 37. If a person is charged with a traffic offense, and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230, or occurred in a posted school zone and is subject to the provisions of ORS 811.235, [or occurred in a safety corridor and is subject to the provisions of section 5 of this 1999 Act,] the foundation amount to be used in calculating the base fine under sections 34 to 39, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), is 80 percent of the maximum fine established for the violation.

SECTION 5e. The amendments to section 37, chapter 1051, Oregon Laws 1999 (Enrolled Senate Bill 20), by section 5d of this 1999 Act become operative on December 31, 2001.

SECTION 6. Section 5 of this 1999 Act is repealed on December 31, 2001.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date October 23, 1999

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