Chapter 811 — Rules
of the Road for Drivers
2011 EDITION
RULES OF THE ROAD FOR DRIVERS
OREGON VEHICLE CODE
DUTIES TO PEDESTRIANS AND BICYCLES
811.005 Duty
to exercise due care
811.015 Failure
to obey traffic patrol member; penalty
811.017 Failure
to yield to traffic patrol member; penalty
811.020 Passing
stopped vehicle at crosswalk; penalty
811.025 Failure
to yield to pedestrian on sidewalk; penalty
811.028 Failure
to stop and remain stopped for pedestrian; penalty
811.030 Driving
through safety zone; penalty
811.035 Failure
to stop and remain stopped for pedestrian who is blind; penalty
811.050 Failure
to yield to rider on bicycle lane; penalty
811.055 Failure
to yield to bicyclist on sidewalk; penalty
811.060 Vehicular
assault of bicyclist or pedestrian; penalty
811.065 Unsafe
passing of person operating bicycle; penalty
SPEED
(Basic Rule)
811.100 Violation
of basic speed rule; penalty
811.105 Speeds
that are evidence of basic rule violation
811.108 Relationship
between speed limits and basic rule
(Maximum Speeds)
811.109 Penalties
for speed violations
811.111 Violating
a speed limit; penalty
811.124 Meaning
of “children are present” in ORS 811.111
(Racing)
811.125 Speed
racing on highway; penalty
811.127 Organizing
a speed racing event; penalty
(Impeding Traffic)
811.130 Impeding
traffic; penalty
CARELESS AND RECKLESS DRIVING
811.135 Careless
driving; penalty
811.140 Reckless
driving; penalty
SPECIAL SAFETY MEASURES
811.145 Failure
to yield to emergency vehicle or ambulance; penalty
811.147 Failure
to maintain safe distance from emergency vehicle, roadside assistance vehicle,
tow vehicle or ambulance; penalty
811.150 Interference
with emergency vehicle or ambulance; penalty
811.155 Failure
to stop for bus safety lights; penalty
811.157 Report
by driver of violation of ORS 811.155; contents
811.159 Law
enforcement agency response to report of violation of ORS 811.155
811.160 Interference
with rail fixed guideway system operation; penalty
811.165 Failure
to stop for passenger loading of public transit vehicle; penalty
811.167 Failure
to yield right of way to transit bus; rules; penalty
OPEN CONTAINER VIOLATIONS
811.170 Violation
of open container law; penalty
DISPOSING OF HUMAN WASTE
811.172 Improperly
disposing of human waste; penalty
DRIVING WHILE SUSPENDED OR REVOKED
811.175 Violation
driving while suspended or revoked; penalties
811.180 Affirmative
defenses
811.182 Criminal
driving while suspended or revoked; penalties
DRIVER OFFENSES INVOLVING PASSENGERS
811.190 Operation
with obstructing passenger; penalty
811.195 Having
passenger in trailer; penalty
811.200 Carrying
dog on external part of vehicle; penalty
811.205 Carrying
minor on external part of vehicle; penalty
811.207 Legislative
findings regarding restraint of children in motor vehicles
811.210 Failure
to properly use safety belts; penalty
811.215 Exemptions
from safety belt requirements
811.220 Certificates
of exemption from safety belt requirement
811.225 Failure
to maintain safety belts in working order; penalty
HIGHWAY WORK ZONES
811.230 Definitions;
fine; notice
811.231 Reckless
endangerment of highway workers; penalties
811.232 Refusing
to obey flagger; penalty
811.233 Failure
to yield right of way to highway worker; penalty
SCHOOL ZONE PENALTIES
811.235 Fine
for traffic offenses in school zones
GENERAL DRIVING RULES
(Generally)
811.250 Law
applicable to vehicles registered out of state
811.255 Permitting
unlawful operation of vehicle; penalty
(Traffic Control Devices)
811.260 Appropriate
driver responses to traffic control devices
811.265 Driver
failure to obey traffic control device; penalty
811.270 Failure
to obey one-way designation; penalty
(Right of Way)
811.275 Failure
to yield right of way at uncontrolled intersection; penalty
811.277 Failure
to yield right of way at uncontrolled T intersection; penalty
811.280 Failure
of driver entering roadway to yield right of way; penalty
811.285 Failure
of merging driver to yield right of way; penalty
811.290 Obstructing
cross traffic; penalty
811.292 Failure
to yield right of way within roundabout; exception; penalty
(Driving on the Right)
811.295 Failure
to drive on right; exceptions; penalty
811.300 Failure
to drive on right of approaching vehicle; exceptions; penalty
811.305 Driving
on left on curve or grade or at intersection or rail crossing; exceptions;
penalty
811.310 Crossing
center line on two-way, four-lane road; exceptions; penalty
811.315 Failure
of slow driver to drive on right; exceptions; penalty
811.320 Failure
to drive to right on divided highway; exceptions; penalty
811.325 Failure
to keep camper, trailer or truck in right lane; exceptions; penalty
811.330 Driving
wrong way around traffic island; penalty
(Turning)
811.335 Unlawful
or unsignaled turn; penalty
811.340 Improperly
executed left turn; penalty
811.345 Failure
to use special left turn lane; penalty
811.346 Misuse
of special left turn lane; penalty
811.350 Dangerous
left turn; penalty
811.355 Improperly
executed right turn; penalty
811.360 When
vehicle turn permitted at stop light; improper turn at stop light; penalty
811.365 Illegal
U-turn; penalty
(Lane Use)
811.370 Failure
to drive within lane; exception; penalty
811.375 Unlawful
or unsignaled change of lane; penalty
811.380 Improper
use of center lane on three-lane road; penalty
811.385 Depriving
motorcycle or moped of full lane; penalty
(Signaling)
811.390 Unlawful
use of lights to signal for passing; penalty
811.395 Appropriate
signals for stopping, turning, changing lanes and decelerating
811.400 Failure
to use appropriate signal for turn, lane change, stop or exit from roundabout;
penalty
811.405 Failure
to signal with lights; exceptions; penalty
(Passing)
811.410 Unsafe
passing on left; penalty
811.415 Unsafe
passing on right; penalty
811.420 Passing
in no passing zone; exceptions; penalty
811.425 Failure
of slower driver to yield to overtaking vehicle; penalty
(Prohibited Places)
811.430 Driving
on highway divider; exceptions; penalty
811.435 Operation
of motor vehicle on bicycle trail; exemptions; penalty
811.440 When
motor vehicles may operate on bicycle lane
811.445 Use
of throughway when prohibited; penalty
811.450 Violation
of posted truck routes; defense; penalty
(Rail Crossings)
811.455 Failure
to stop for railroad signal; penalty
811.460 Failure
to follow rail crossing procedures for high-risk vehicles; application; penalty
811.462 Failure
of operator of commercial motor vehicle to slow down and check tracks; penalty
811.465 Exemptions
from high-risk vehicle rail crossing procedures
811.470 Improper
movement of heavy equipment across rail crossing; application; penalty
811.475 Obstructing
rail crossing; penalty
(Miscellaneous)
811.480 Illegal
backing; penalty
811.483 Safety
corridors; penalty
811.485 Following
too closely; penalty
811.490 Improper
opening or leaving open of vehicle door; penalty
811.492 Engine
braking; penalty; exception
811.495 Unlawful
coasting on downgrade; exception; penalty
811.500 Unlawful
stop or deceleration; penalty
811.505 Failure
to stop when emerging from alley, driveway or building; penalty
811.507 Operating
motor vehicle while using mobile communication device; exceptions; penalty
811.510 Dangerous
operation around livestock; penalty
811.512 Unlawfully
operating low-speed vehicle on highway; penalty
811.513 Unlawfully
operating medium-speed electric vehicle on highway; penalty
811.514 Unlawfully
operating racing activity vehicle on highway; penalty
USE OF LIGHTS AND WARNINGS
(Lights)
811.515 When
lights must be displayed; kind of light; number; direction; use on certain
vehicles
811.520 Unlawful
use or failure to use lights; penalty
811.525 Exemptions
from requirements for use of lights
811.526 Safety
campaign for use of headlights
(Flares)
811.530 Failure
to post warnings for disabled vehicle; application; penalty
OBEYING POLICE
811.535 Failing
to obey police officer; penalty
811.540 Fleeing
or attempting to elude police officer; penalty
PARKING, STOPPING AND STANDING
(Generally)
811.550 Places
where stopping, standing and parking prohibited
811.555 Illegal
stopping, standing or parking; affirmative defense; penalty
811.560 Exemptions
from prohibitions on stopping, standing or parking
811.565 Dangerous
movement of stopped, standing or parked vehicle; penalty
811.570 Improperly
positioning parallel parked vehicle; exception; affirmative defense; penalty
811.575 Violation
of posted parking restrictions on state highways; affirmative defense; penalty
811.580 Parking
vehicle on state highway for vending purposes; penalty
811.585 Failure
to secure motor vehicle; affirmative defense; penalty
(Winter Recreation Parking Areas)
811.590 Unlawful
parking in winter recreation parking area; exemptions; penalty
811.595 Winter
recreation parking permit; rules; fees
811.600 Fees
for winter recreation parking permits
(Parking for Persons With Disabilities)
811.602 Disabled
person parking permit; content; rules
811.603 Parking
identification card without photograph; issuance; rules
811.604 Application
for disabled person parking permit
811.605 Contents
of individual placard or decal
811.606 Parking
permit for person with temporary disability
811.607 Program
placards; rules
811.609 Family
placards
811.611 Foreign
visitor placard
811.612 Maintenance
of privileges after relocation
811.613 Wheelchair
User placard; rules
811.615 Unlawful
parking in space reserved for persons with disabilities; exceptions; penalty
811.617 Blocking
parking space reserved for persons with disabilities; penalty
811.620 Removal
of vehicle illegally parked in space reserved for persons with disabilities
811.625 Unlawful
use of disabled person parking permit; penalty
811.627 Use
of invalid disabled person parking permit; penalty
811.630 Misuse
of program placard; penalty
811.632 Appointment
of volunteers to issue citations
811.635 Privileges
granted by disabled person parking permit other than program placard
811.637 Privileges
granted by program placards
ACCIDENTS
(Duties)
811.700 Failure
to perform duties of driver when property is damaged; penalty
811.705 Failure
to perform duties of driver to injured persons; penalty
811.706 Money
damages resulting from violation of ORS 811.700 or 811.705
811.707 Crime
classification for violation of ORS 811.705
811.710 Failure
to perform duties of driver when animal is injured; penalty
811.715 Failure
to perform duties of witness to accident; penalty
811.717 Failure
to remove motor vehicle from roadway; penalty
(Reports)
811.720 When
accident must be reported to Department of Transportation
811.725 Driver
failure to report accident to Department of Transportation; penalty
811.730 Owner
failure to report accident to Department of Transportation; penalty
811.735 Failure
of vehicle occupant to make accident report to Department of Transportation;
penalty
811.740 False
accident report; penalty
811.745 When
accident must be reported to police officer or law enforcement agency
811.747 Definitions
for ORS 811.748 and 811.750
811.748 Driver
failure to report accident to police officer or law enforcement agency; penalty
811.750 Failure
of vehicle occupant to make accident report to police officer or law
enforcement agency; penalty
FUNERAL PROCESSIONS
811.800 Operation
of funeral vehicles with improper lights; penalty
811.802 Failure
to yield right of way to funeral procession; penalty
811.804 Intersection
rules for funeral processions
811.806 Exceeding
maximum speed for funeral procession; penalty
811.808 Exemption
from speed limits for funeral escort vehicle
811.810 Disrupting
funeral procession; penalty
811.812 Free
passage for funeral procession vehicles
DUTIES TO PEDESTRIANS AND BICYCLES
811.005 Duty to exercise due care.
None of the provisions of the vehicle code relieve a pedestrian from the duty
to exercise due care or relieve a driver from the duty to exercise due care
concerning pedestrians. [1983 c.338 §543]
811.010 [1983
c.338 §544; 1985 c.16 §279; 2003 c.278 §1; repealed by 2005 c.746 §4]
811.015 Failure to obey traffic patrol
member; penalty. (1) The driver of a vehicle
commits the offense of failure to obey a traffic patrol member if:
(a)
A traffic patrol member makes a cautionary sign or signal to indicate that
students have entered or are about to enter the crosswalk under the traffic
patrol member’s direction; and
(b)
The driver does not stop and remain stopped for students who are in or entering
the crosswalk from either direction on the street on which the driver is
operating.
(2)
Traffic patrol members described in this section are those provided under ORS
339.650 to 339.665.
(3)
The offense described in this section, failure to obey a traffic patrol member,
is a Class A traffic violation. [1983 c.338 §545; 1995 c.383 §12; 2003 c.278 §2]
811.017 Failure to yield to traffic patrol
member; penalty. (1) The driver of a vehicle
commits the offense of failure to yield to a traffic patrol member if the
driver fails to stop and yield the right of way to a traffic patrol member who:
(a)
Has entered a crosswalk for the purpose of directing students who have entered
or are about to enter the crosswalk; and
(b)
Is carrying a flag or wearing something that identifies the person as a traffic
patrol member.
(2)
For purposes of this section, “traffic patrol” has the meaning given that term
in ORS 339.650.
(3)
The offense described in this section, failure to yield to a traffic patrol
member, is a Class A traffic violation. [2003 c.557 §2]
811.020 Passing stopped vehicle at
crosswalk; penalty. (1) The driver of a vehicle
commits the offense of passing a stopped vehicle at a crosswalk if the driver:
(a)
Approaches from the rear another vehicle that is stopped at a marked or an
unmarked crosswalk at an intersection to permit a pedestrian to cross the
roadway; and
(b)
Overtakes and passes the stopped vehicle.
(2)
The offense described in this section, passing a stopped vehicle at a
crosswalk, is a Class B traffic violation. [1983 c.338 §546]
811.025 Failure to yield to pedestrian on
sidewalk; penalty. (1) The driver of a vehicle
commits the offense of failure to yield to a pedestrian on a sidewalk if the
driver does not yield the right of way to any pedestrian on a sidewalk.
(2)
The offense described in this section, failure to yield to a pedestrian on a
sidewalk, is a Class B traffic violation. [1983 c.338 §547; 1995 c.383 §42]
811.028 Failure to stop and remain stopped
for pedestrian; penalty. (1) The driver of a vehicle
commits the offense of failure to stop and remain stopped for a pedestrian if
the driver does not stop and remain stopped for a pedestrian when the
pedestrian is:
(a)
Proceeding in accordance with a traffic control device as provided under ORS
814.010 or crossing the roadway in a crosswalk; and
(b)
In any of the following locations:
(A)
In the lane in which the driver’s vehicle is traveling;
(B)
In a lane adjacent to the lane in which the driver’s vehicle is traveling;
(C)
In the lane into which the driver’s vehicle is turning;
(D)
In a lane adjacent to the lane into which the driver’s vehicle is turning, if
the driver is making a turn at an intersection that does not have a traffic
control device under which a pedestrian may proceed as provided under ORS
814.010; or
(E)
Less than six feet from the lane into which the driver’s vehicle is turning, if
the driver is making a turn at an intersection that has a traffic control
device under which a pedestrian may proceed as provided under ORS 814.010.
(2)
For the purpose of this section, a bicycle lane or the part of a roadway where
a vehicle stops, stands or parks that is adjacent to a lane of travel is
considered to be part of that adjacent lane of travel.
(3)
This section does not require a driver to stop and remain stopped for a
pedestrian under any of the following circumstances:
(a)
Upon a roadway with a safety island, if the driver is proceeding along the half
of the roadway on the far side of the safety island from the pedestrian; or
(b)
Where a pedestrian tunnel or overhead crossing has been provided at or near a
crosswalk.
(4)
For the purposes of this section, a pedestrian is crossing the roadway in a
crosswalk when any part or extension of the pedestrian, including but not
limited to any part of the pedestrian’s body, wheelchair, cane, crutch or
bicycle, moves onto the roadway in a crosswalk with the intent to proceed.
(5)
The offense described in this section, failure to stop and remain stopped for a
pedestrian, is a Class B traffic violation. [2005 c.746 §2; 2011 c.507 §1]
Note:
811.028 was added to and made a part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 811 or any series therein. See Preface
to Oregon Revised Statutes for further explanation.
811.030 Driving through safety zone;
penalty. (1) The driver of a vehicle commits the
offense of driving through a safety zone if the driver at any time drives
through or within any area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set
apart as a safety zone.
(2)
The offense described in this section, driving through a safety zone, is a
Class B traffic violation. [1983 c.338 §548; 1995 c.383 §43]
811.035 Failure to stop and remain stopped
for pedestrian who is blind; penalty. (1) The
driver of a vehicle commits the offense of failure to stop and remain stopped
for a pedestrian who is blind if the driver violates any of the following:
(a)
A driver approaching a pedestrian who is blind or blind and deaf, who is
carrying a white cane or accompanied by a dog guide, and who is crossing or
about to cross a roadway, shall stop and remain stopped until the pedestrian
has crossed the roadway.
(b)
Where the movement of vehicular traffic is regulated by traffic control
devices, a driver approaching a pedestrian who is blind or blind and deaf shall
stop and remain stopped until the pedestrian has vacated the roadway if the
pedestrian has entered the roadway and is carrying a white cane or is
accompanied by a dog guide. This paragraph applies notwithstanding any other
provisions of the vehicle code relating to traffic control devices.
(2)
This section is subject to the provisions and definitions relating to the
rights of pedestrians who are blind or blind and deaf under ORS 814.110.
(3)
For the purposes of this section, a pedestrian is crossing the roadway when any
part or extension of the pedestrian, including but not limited to any part of
the pedestrian’s body, wheelchair, cane, crutch, bicycle or leashed animal,
moves onto the roadway with the intent to proceed.
(4)
The offense described in this section, failure to stop and remain stopped for a
pedestrian who is blind, is a Class B traffic violation. [1983 c.338 §549; 1985
c.16 §280; 2003 c.278 §3; 2007 c.70 §329; 2011 c.507 §2]
811.040 [1983
c.338 §550; 1985 c.16 §281; 2003 c.278 §4; repealed by 2005 c.746 §4]
811.045 [1983
c.338 §551; 2003 c.278 §5; repealed by 2005 c.746 §4]
811.050 Failure to yield to rider on
bicycle lane; penalty. (1) A person commits the offense
of failure of a motor vehicle operator to yield to a rider on a bicycle lane if
the person is operating a motor vehicle and the person does not yield the right
of way to a person operating a bicycle, electric assisted bicycle, electric
personal assistive mobility device, moped, motor assisted scooter or motorized
wheelchair upon a bicycle lane.
(2)
This section does not require a person operating a moped to yield the right of
way to a bicycle or a motor assisted scooter if the moped is operated on a
bicycle lane in the manner permitted under ORS 811.440.
(3)
The offense described in this section, failure of a motor vehicle operator to
yield to a rider on a bicycle lane, is a Class B traffic violation. [1983 c.338
§698; 1985 c.16 §336; 1991 c.417 §4; 1997 c.400 §8; 2001 c.749 §23; 2003 c.341 §7]
811.055 Failure to yield to bicyclist on
sidewalk; penalty. (1) The driver of a motor
vehicle commits the offense of failure to yield the right of way to a bicyclist
on a sidewalk if the driver does not yield the right of way to any bicyclist on
a sidewalk.
(2)
The driver of a motor vehicle is not in violation of this section when a
bicyclist is operating in violation of ORS 814.410. Nothing in this subsection
relieves the driver of a motor vehicle from the duty to exercise due care.
(3)
The offense described in this section, failure to yield the right of way to a
bicyclist on a sidewalk, is a Class B traffic violation. [1983 c.338 §702; 1985
c.16 §340; 1995 c.383 §44]
811.060 Vehicular assault of bicyclist or
pedestrian; penalty. (1) For the purposes of this
section, “recklessly” has the meaning given that term in ORS 161.085.
(2)
A person commits the offense of vehicular assault of a bicyclist or pedestrian
if:
(a)
The person recklessly operates a vehicle upon a highway in a manner that
results in contact between the person’s vehicle and a bicycle operated by a
person, a person operating a bicycle or a pedestrian; and
(b)
The contact causes physical injury to the person operating a bicycle or the
pedestrian.
(3)
The offense described in this section, vehicular assault of a bicyclist or
pedestrian, is a Class A misdemeanor. [2001 c.635 §5]
811.065 Unsafe passing of person operating
bicycle; penalty. (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 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. [2007 c.794 §2]
Note:
811.065 was added to and made a part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 811 or any series therein. See Preface
to Oregon Revised Statutes for further explanation.
SPEED
(Basic Rule)
811.100 Violation of basic speed rule;
penalty. (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)
The offense described in this section, violating the basic speed rule, is 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. [1983 c.338 §563; 1987 c.887 §9; 1989 c.592 §4; 1991
c.728 §5; 1999 c.1051 §229; 2003 c.819 §5]
811.105 Speeds that are evidence of basic
rule violation. (1) Any speed in excess of a
designated speed posted by authority granted under ORS 810.180 is prima facie
evidence of violation of the basic speed rule under ORS 811.100.
(2)
If no designated speed is posted by authority granted under ORS 810.180, any
speed in excess of one of the following speeds is prima facie evidence of
violation of the basic speed rule:
(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 any public park.
(d)
Twenty-five miles per hour on a highway in a residence district if:
(A)
The residence district is not located within a city; and
(B)
The highway is neither an arterial nor a collector highway.
(e)
Fifty-five miles per hour in locations not otherwise described in this section.
[1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989 c.592 §5; 1995 c.558 §3;
1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6; 2003 c.819 §6; 2007 c.367 §3]
811.106 [1995
c.558 §2; 1997 c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b; renumbered
810.243 in 2011]
811.108 Relationship between speed limits
and basic rule. (1) The speed limits established
by ORS 811.111 do not authorize speeds higher than those required for
compliance with the basic speed rule.
(2)
The basic speed rule does not authorize speeds higher than those established as
speed limits by ORS 811.111. [1987 c.887 §5; 2003 c.819 §8]
(Maximum Speeds)
811.109 Penalties for speed violations.
(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)
In addition to a fine imposed under subsection (1), (2) or (3) of this section,
a court may order 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)
Notwithstanding subsections (1) to (3) of this section, if a person drives 100
miles per hour or greater when the person commits a violation described in this
section, the person commits a specific fine traffic violation. The presumptive
fine for a violation under this subsection is $1,150, and upon conviction the
court shall order a suspension of driving privileges for not less than 30 days
nor more than 90 days.
(6)
When a court orders a suspension under subsection (4) or (5) 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. [1995 c.383 §14; 2003 c.819 §17; 2005 c.491 §1; 2011 c.597 §§96,319]
811.110 [1983
c.338 §565; 1987 c.887 §11; 1991 c.185 §9; 1995 c.383 §15; 2001 c.176 §6; 2003
c.402 §36; repealed by 2003 c.819 §§19,20]
811.111 Violating a speed limit; penalty.
(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).
(c)
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)
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)
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 810.243 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 810.243 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. [2003 c.819 §4; 2003 c.819 §4a; 2005 c.573 §1; 2005
c.770 §6; 2007 c.367 §4]
811.112 [1987
c.887 §4; 1995 c.383 §16; repealed by 2003 c.819 §19]
811.115 [1983
c.338 §566; 1985 c.420 §8; 1987 c.887 §12; 1989 c.457 §1; 1989 c.992 §19; 1995
c.383 §17; 1999 c.359 §9; repealed by 2003 c.819 §19]
811.120 [1983
c.338 §567; 1987 c.887 §13; 1995 c.383 §18; repealed by 2003 c.819 §19]
811.122 [1989
c.592 §2; repealed by 1991 c.728 §6]
811.123 [1991
c.728 §2; 1995 c.383 §19; 1995 c.558 §4; 1997 c.404 §6; 1997 c.438 §4; 2003
c.397 §8; repealed by 2003 c.819 §§19,21]
811.124 Meaning of “children are present”
in ORS 811.111. For purposes of ORS 811.111,
children are present at any time and on any day when:
(1)
Children are:
(a)
Occupying or walking within a crosswalk described in ORS 801.462 (1)(b); or
(b)
Waiting on the curb or shoulder of the highway at a crosswalk described in ORS
801.462 (1)(b); or
(2)
A traffic patrol member provided under ORS 339.650 to 339.665 is present to
assist children at a crosswalk described in ORS 801.462 (1)(b). [1997 c.438 §2;
2003 c.397 §5; 2003 c.819 §§9,9a,9b]
(Racing)
811.125 Speed racing on highway; penalty.
(1) A person commits the offense of speed racing on a highway if, on a highway
in this state, the person drives a vehicle or participates in any manner in any
of the following in which a vehicle is involved:
(a)
A speed competition or contest.
(b)
An acceleration contest.
(c)
A test of physical endurance.
(d)
An exhibition of speed or acceleration.
(e)
The making of a speed record.
(f)
A race. For purposes of this paragraph, racing is the use of one or more
vehicles in an attempt to outgain, outdistance or prevent another vehicle from
passing, to arrive at a given destination ahead of another vehicle or vehicles
or to test the physical stamina or endurance of drivers over long distance
driving routes.
(g)
A drag race. For purposes of this paragraph, drag racing is the operation of
two or more vehicles from a point side by side at accelerating speeds in a
competitive attempt to outdistance each other, or the operation of one or more
vehicles over a common selected course, from the same point to the same point
for the purpose of comparing the relative speeds or power of acceleration of
the vehicle or vehicles within a certain distance or time limit.
(2)
The offense described in this section, speed racing on a highway, is a Class A
traffic violation and is applicable on any premises open to the public. [1983
c.338 §568; 1985 c.16 §287]
811.127 Organizing a speed racing event;
penalty. (1) Except as provided in subsection
(3) of this section, a person commits the offense of organizing a speed racing
event if the person in any manner organizes a speed racing event.
(2)
As used in this section, “speed racing event” means an event that:
(a)
Is preplanned and coordinated and involves two or more vehicles;
(b)
Includes any of the activities described in ORS 811.125 (1); and
(c)
Takes place on a highway.
(3)
A person who organizes a speed racing event is not in violation of this section
if the person has a permit from the road authority for the highway on which the
event takes place.
(4)
The offense described in this section, organizing a speed racing event, is a
Class C felony. [2003 c.550 §2]
(Impeding Traffic)
811.130 Impeding traffic; penalty.
(1) A person commits the offense of impeding traffic if the person drives a
motor vehicle or a combination of motor vehicles in a manner that impedes or
blocks the normal and reasonable movement of traffic.
(2)
A person is not in violation of the offense described under this section if the
person is proceeding in a manner needed for safe operation.
(3)
Proceeding in a manner needed for safe operation includes but is not
necessarily limited to:
(a)
Momentarily stopping to allow oncoming traffic to pass before making a right-hand
or left-hand turn.
(b)
Momentarily stopping in preparation of, or moving at an extremely slow pace
while, negotiating an exit from the road.
(4)
A person is not in violation of the offense described under this section if the
person is proceeding as part of a funeral procession under the direction of a
funeral escort vehicle or a funeral lead vehicle.
(5)
The offense described in this section, impeding traffic, is a Class D traffic
violation. [1983 c.338 §569; 1985 c.16 §288; 1989 c.433 §1; 1991 c.482 §18;
1995 c.383 §45]
CARELESS AND RECKLESS DRIVING
811.135 Careless driving; penalty.
(1) A person commits the offense of careless driving if the person drives any
vehicle upon a highway or other premises described in this section in a manner
that endangers or would be likely to endanger any person or property.
(2)
The offense described in this section, careless driving, applies on any
premises open to the public and is a Class B traffic violation unless
commission of the offense contributes to an accident. If commission of the
offense contributes to an accident, the offense is a Class A traffic violation.
(3)
In addition to any other penalty imposed for an offense committed under this
section, if the court determines that the commission of the offense described
in this section contributed to the serious physical injury or death of a
vulnerable user of a public way, the court shall:
(a)
Impose a sentence that requires the person to:
(A)
Complete a traffic safety course; and
(B)
Perform between 100 and 200 hours of community service, notwithstanding ORS
137.129. The community service must include activities related to driver
improvement and providing public education on traffic safety;
(b)
Order, but suspend on the condition that the person complete the requirements
of paragraph (a) of this subsection:
(A)
A fine of up to $12,500, notwithstanding ORS 153.018; and
(B)
A suspension of driving privileges for one year as provided in ORS 809.280; and
(c)
Set a hearing date up to one year from the date of sentencing.
(4)
At the hearing described in subsection (3)(c) of this section, the court shall:
(a)
If the person has successfully completed the requirements described in
subsection (3)(a) of this section, dismiss the penalties ordered under subsection
(3)(b) of this section; or
(b)
If the person has not successfully completed the requirements described in
subsection (3)(a) of this section:
(A)
Grant the person an extension based on good cause shown; or
(B)
Order the penalties under subsection (3)(b) of this section.
(5)
When a court orders a suspension under subsection (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.
(6)
The police officer issuing the citation for an offense under this section shall
note on the citation if the cited offense appears to have contributed to the
serious physical injury or death of a vulnerable user of a public way. [1983
c.338 §570; 1995 c.383 §20; 2007 c.784 §3; 2011 c.355 §11; 2011 c.423 §1]
811.140 Reckless driving; penalty.
(1) A person commits the offense of reckless driving if the person recklessly
drives a vehicle upon a highway or other premises described in this section in
a manner that endangers the safety of persons or property.
(2)
The use of the term “recklessly” in this section is as defined in ORS 161.085.
(3)
The offense described in this section, reckless driving, is a Class A
misdemeanor and is applicable upon any premises open to the public. [1983 c.338
§571]
SPECIAL SAFETY MEASURES
811.145 Failure to yield to emergency vehicle
or ambulance; penalty. (1) A person commits the offense
of failure to yield to an emergency vehicle or ambulance if an ambulance or
emergency vehicle that is using a visual or audible signal in a manner
described under ORS 820.300 and 820.320 approaches the vehicle the person is
operating and the person does not do all of the following:
(a)
Yield the right of way to the ambulance or emergency vehicle.
(b)
Immediately drive to a position as near as possible and parallel to the
right-hand edge or curb of the roadway clear of any intersection.
(c)
Stop and remain in such position until the emergency vehicle or ambulance has
passed.
(2)
A person is not in violation of this section if the person is acting as
otherwise directed by a police officer.
(3)
This section does not relieve the driver of an emergency vehicle or ambulance
from the duty to drive with due regard for the safety of all persons using the
highway, nor does this section protect the driver of any such vehicle from the
consequence of an arbitrary exercise of the right of way granted under this section.
(4)
The offense described in this section, failure to yield to an emergency vehicle
or ambulance, is a Class B traffic violation. [1983 c.338 §582; 1985 c.16 §289;
1995 c.383 §46]
811.147 Failure to maintain safe distance
from emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance;
penalty. (1) As used in this section, “roadside
assistance vehicle” means a vehicle with warning lights that responds to
requests for repair assistance from motorists with disabled vehicles.
(2)
A person operating a motor vehicle commits the offense of failure to maintain a
safe distance from an emergency vehicle, roadside assistance vehicle, tow
vehicle or ambulance if the person approaches an emergency vehicle, roadside
assistance vehicle, tow vehicle or ambulance that is stopped and is displaying
required warning lights and the person:
(a)
On a highway having two or more lanes for traffic in a single direction, fails
to:
(A)
Make a lane change to a lane not adjacent to that of the emergency vehicle, roadside
assistance vehicle, tow vehicle or ambulance; or
(B)
Reduce the speed of the motor vehicle to a speed that is at least five miles
per hour under the speed limit established in ORS 811.111 or a designated speed
posted under ORS 810.180, if making a lane change is unsafe.
(b)
On a two directional, two-lane highway, fails to reduce the speed of the motor
vehicle to a speed that is at least five miles per hour under the speed limit
established in ORS 811.111 or a designated speed posted under ORS 810.180.
(3)
The offense described in this section, failure to maintain a safe distance from
an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance, is
a Class B traffic violation. [2003 c.42 §2; 2009 c.198 §1; 2010 c.30 §17]
Note: 811.147
was added to and made a part of the Oregon Vehicle Code by legislative action
but was not added to ORS chapter 811 or any series therein. See Preface to
Oregon Revised Statutes for further explanation.
811.150 Interference with emergency vehicle
or ambulance; penalty. (1) A person commits the offense
of interference with an emergency vehicle or ambulance if the person does any
of the following:
(a)
Drives a vehicle following at a distance closer than 500 feet any emergency
vehicle or ambulance that is traveling in response to a fire alarm or
emergency.
(b)
Drives or parks a vehicle in a manner that interferes with the emergency
vehicle or ambulance responding to a fire alarm or emergency.
(c)
Drives over an unprotected hose of a fire department laid down on any highway,
private road or driveway to be used at any fire, alarm of fire or emergency.
(2)
The following exemptions apply to this section:
(a)
Nothing in this section prohibits a driver of an emergency vehicle or ambulance
from following within 500 feet of an emergency vehicle or ambulance traveling
in response to a fire alarm or emergency or from driving into or parking a
vehicle in the area or vicinity where such vehicles have stopped in response to
an alarm or emergency.
(b)
Nothing in this section prevents any person from driving over an unprotected
hose of a fire department if the person first obtains the permission of a fire
department official or police officer at the scene of the fire, alarm of fire
or emergency.
(3)
The offense described in this section, interference with an emergency vehicle
or ambulance, is a Class B traffic violation. [1983 c.338 §584; 1985 c.16 §291;
1985 c.190 §1; 1995 c.383 §47]
811.155 Failure to stop for bus safety
lights; penalty. (1) A driver commits the offense
of failure to stop for bus safety lights if the driver meets or overtakes from
either direction any vehicle that is stopped on a roadway and that is operating
red bus safety lights described under ORS 816.260 and the driver does not:
(a)
Stop before reaching the vehicle; and
(b)
Remain standing until the bus safety lights are no longer operating.
(2)
The following apply to the offense described in this section:
(a)
The offense described in this section does not apply if the vehicle operating
the bus safety lights is not permitted under ORS 816.350 and 816.360 to operate
red bus safety lights.
(b)
A driver need not comply with this section if the vehicle operating red bus
safety lights is stopped on a different roadway.
(3)
The offense described in this section, failure to stop for bus safety lights,
is a Class A traffic violation. [1983 c.338 §583; 1985 c.16 §290]
811.157 Report by driver of violation of
ORS 811.155; contents. (1) The driver of a school bus,
worker transport bus or a bus issued a permit under ORS 818.260 may report a
violation of ORS 811.155 to the local law enforcement agency having
jurisdiction over the area where the violation is alleged to have occurred.
(2)
A report under subsection (1) of this section shall be made within 72 hours of
the alleged violation and shall contain:
(a)
The date and time of day of the alleged violation;
(b)
The name of the street on which the bus was traveling at the time of the
alleged violation and either the approximate address or the name of the closest
intersecting street;
(c)
The direction in which the bus was traveling and the direction in which the
vehicle alleged to have committed the violation was traveling;
(d)
The weather conditions, including visibility, at the time of the alleged violation;
and
(e)
The following information about the vehicle alleged to have committed the
violation:
(A)
Number and state of issuance of the registration plate; and
(B)
Whether the vehicle is a sedan, station wagon, van, truck, bus, motorcycle or
other type of vehicle.
(3)
In addition to the information required by subsection (2) of this section, the
report may contain any other identifying information, including but not limited
to color of the vehicle, that the reporting bus driver has about the vehicle or
the driver of the vehicle alleged to have committed the violation. [1987 c.654 §2]
811.159 Law enforcement agency response to
report of violation of ORS 811.155. Upon receipt
of a report containing the information required by ORS 811.157 (2), the law
enforcement agency shall determine the name and address of the registered owner
of the vehicle and shall send the registered owner a letter informing the owner
that the vehicle was observed violating ORS 811.155. The letter shall include,
at a minimum, information from the report filed under ORS 811.157 specifying
the time and place of the alleged violation. [1987 c.654 §3]
811.160 Interference with rail fixed guideway system operation; penalty.
(1) A person commits the offense of interference with rail fixed guideway system operation if the person does any of the
following:
(a)
Drives any vehicle in front of a rail fixed guideway
system vehicle upon a track and the person fails to remove the person’s vehicle
from the track as soon as practicable after signal from the operator of the
rail fixed guideway system vehicle.
(b)
Drives a vehicle upon or across rail fixed guideway
system tracks within an intersection in front of a rail fixed guideway system vehicle when the rail fixed guideway system vehicle has started to cross the
intersection.
(c)
Overtakes or passes upon the left any rail fixed guideway
system vehicle proceeding in the same direction whether actually in motion or
temporarily at rest. This paragraph does not apply on one-way streets or on
streets where the tracks are so located as to prevent compliance.
(2)
This section applies to any rail fixed guideway
system vehicle that is any device traveling exclusively upon rails when upon or
crossing a highway but does not apply to cars or trains propelled or moved by
steam engine or by diesel engine.
(3)
The offense described in this section, interference with rail fixed guideway system operation, is a Class B traffic violation. [1983
c.338 §585; 1995 c.383 §48; 2001 c.522 §3]
811.165 Failure to stop for passenger
loading of public transit vehicle; penalty. (1) A
person commits the offense of failure to stop for passenger loading of a public
transit vehicle if the person is the driver of a vehicle overtaking a public
transit vehicle described in this section that is stopped or about to stop for
the purpose of receiving or discharging any passenger and the person does not:
(a)
Stop the overtaking vehicle to the rear of the nearest running board or door of
the public transit vehicle; and
(b)
Keep the vehicle stationary until all passengers have boarded or alighted therefrom and reached a place of safety.
(2)
This section applies to the following public transit vehicles:
(a)
Commercial buses; and
(b)
Rail fixed guideway system vehicles.
(3)
A person is not in violation of this section if the person passes a public
transit vehicle:
(a)
Upon the left of any public transit vehicle described in this section on a
one-way street; or
(b)
At a speed not greater than is reasonable and proper and with due caution for
the safety of pedestrians when:
(A)
The public transit vehicle has stopped at the curb; or
(B)
Any area or space has been officially set apart within the roadway for the
exclusive use of pedestrians and the area or space is so protected or marked or
indicated by adequate signs as to be plainly visible at all times while set
apart as a safety zone.
(4)
The offense described in this section, failure to stop for passenger loading of
public transit vehicle, is a Class B traffic violation. [1983 c.338 §586; 1985
c.16 §292; 1995 c.383 §49; 2001 c.522 §4]
811.167 Failure to yield right of way to
transit bus; rules; penalty. (1) A person
commits the offense of failure to yield the right of way to a transit bus
entering traffic if the person does not yield the right of way to a transit bus
when:
(a)
A yield sign as described in subsection (2) of this section is displayed on the
back of the transit bus;
(b)
The person is operating a vehicle that is overtaking the transit bus from the
rear of the transit bus; and
(c)
The transit bus, after stopping to receive or discharge passengers, is
signaling an intention to enter the traffic lane occupied by the person.
(2)
The yield sign referred to in subsection (1)(a) of this section shall warn a
person operating a motor vehicle approaching the rear of a transit bus that the
person must yield when the transit bus is entering traffic. The yield sign
shall be illuminated by a flashing light when the bus is signaling an intention
to enter a traffic lane after stopping to receive or discharge passengers. The
Oregon Transportation Commission shall adopt by rule the message on the yield
sign, specifications for the size, shape, color, lettering and illumination of
the sign and specifications for the placement of the sign on a transit bus.
(3)
This section does not relieve a driver of a transit bus from the duty to drive
with due regard for the safety of all persons using the roadway.
(4)
As used in this section, “transit bus” means a commercial bus operated by a city,
a mass transit district established under ORS 267.010 to 267.390 or a
transportation district established under ORS 267.510 to 267.650.
(5)
The offense described in this section, failure to yield the right of way to a
transit bus entering traffic, is a Class D traffic violation. [1997 c.509 §2]
OPEN CONTAINER VIOLATIONS
811.170 Violation of open container law;
penalty. (1) A person commits the offense of
violation of the open container law in a motor vehicle if the person does any
of the following:
(a)
Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a
highway.
(b)
Possesses on one’s person, while in a motor vehicle upon a highway, any bottle,
can or other receptacle containing any alcoholic liquor, which has been opened,
or a seal broken, or the contents of which have been partially removed.
(c)
Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can
or other receptacle containing any alcoholic liquor, which has been opened, or
a seal broken, or the contents of which have been partially removed. The
following apply to this paragraph:
(A)
This paragraph applies only to the registered owner of any motor vehicle or, if
the registered owner is not then present in the vehicle, to the driver of the
vehicle.
(B)
This paragraph does not apply if the bottle, can or other receptacle is kept in
the trunk of the vehicle, or kept in some other area of the vehicle not
normally occupied by the driver or passengers if the vehicle is not equipped
with a trunk.
(C)
For purposes of this paragraph, a utility compartment or glove compartment is
considered within the area occupied by the driver and passengers.
(D)
This paragraph does not apply to the living quarters of a camper or motor home.
(2)
The offense described in this section does not apply to passengers in a motor
vehicle operated by a common carrier and used primarily to carry passengers for
hire.
(3)
The offense described in this section, violation of the open container law in a
motor vehicle, is a Class B traffic violation. [1983 c.338 §597; 1985 c.16 §303;
2001 c.827 §10]
DISPOSING OF HUMAN WASTE
811.172 Improperly disposing of human
waste; penalty. (1) A person commits the offense
of improperly disposing of human waste if the person is operating or riding in
a motor vehicle and the person throws, puts or otherwise leaves a container of
urine or other human waste on or beside the highway.
(2)
The offense described in this section, improperly disposing of human waste, is
a Class A misdemeanor. [1999 c.670 §2; 2011 c.597 §305]
DRIVING WHILE SUSPENDED OR REVOKED
811.175 Violation driving while suspended
or revoked; penalties. (1) A person commits the offense
of violation driving while suspended or revoked if the person does any of the
following:
(a)
Drives a motor vehicle upon a highway during a period when the person’s driving
privileges or right to apply for driving privileges have been suspended or
revoked in this state by a court or by the Department of Transportation.
(b)
Drives a motor vehicle outside the limitations of a probationary permit issued
under ORS 807.270 or a hardship driver permit issued under ORS 807.240,
including any limitations placed on the permit under ORS 813.510.
(c)
Drives a commercial motor vehicle upon a highway during a period when the
person’s driving privileges or commercial driving privileges have been
suspended or revoked in this state or any other jurisdiction.
(2)
Affirmative defenses to the offense described in this section are established
under ORS 811.180.
(3)
The offense described in this section is applicable upon any premises open to
the public.
(4)
The offense described in this section, violation driving while suspended or
revoked, is a Class A traffic violation except as otherwise provided in ORS
811.182. [1983 c.338 §598; 1985 c.16 §304; 1987 c.730 §1; 1987 c.801 §9; 1989
c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999 c.1051 §90; 2009 c.395 §10]
811.180 Affirmative defenses.
The following establishes affirmative defenses in prosecutions for driving
while suspended or revoked in violation of ORS 811.175 or 811.182 and describes
when the affirmative defenses are not available:
(1)
In addition to other defenses provided by law, including but not limited to ORS
161.200, it is an affirmative defense to the offenses described in ORS 811.175
and 811.182 that:
(a)
An injury or immediate threat of injury to a human being or animal, and the
urgency of the circumstances made it necessary for the defendant to drive a
motor vehicle at the time and place in question; or
(b)
The defendant had not received notice of the defendant’s suspension or
revocation or been informed of the suspension or revocation by a trial judge
who ordered a suspension or revocation of the defendant’s driving privileges or
right to apply.
(2)
The affirmative defenses described in subsection (1)(b) of this section are not
available to a defendant under the circumstances described in this subsection.
Any of the evidence specified in this subsection may be offered in the
prosecution’s case in chief. This subsection applies if any of the following
circumstances exist:
(a)
The defendant refused to sign a receipt for the certified mail containing the
notice of suspension or revocation.
(b)
The notice of suspension or revocation could not be delivered to the defendant
because the defendant failed to comply with the requirements under ORS 807.560
to notify the Department of Transportation of a change of address or residence.
(c)
At a previous court appearance, the defendant had been informed by a trial
judge that the judge was ordering a suspension or revocation of the defendant’s
driving privileges or right to apply.
(d)
The defendant had actual knowledge of the suspension or revocation by any means
prior to the time the defendant was stopped on the current charge.
(e)
The defendant was provided with notice of intent to suspend under ORS 813.100. [1983
c.338 §599; 1985 c.16 §305; 1985 c.672 §18; 1985 c.744 §1; 1987 c.138 §2; 1987
c.158 §168; 1987 c.730 §20; 1987 c.801 §10; 1997 c.249 §229]
811.182 Criminal driving while suspended
or revoked; penalties. (1) A person commits the offense
of criminal driving while suspended or revoked if the person violates ORS
811.175 and the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a suspension or
revocation described in subsection (3) or (4) of this section.
(2)
Affirmative defenses to the offense described in this section are established
under ORS 811.180.
(3)
The offense described in this section, criminal driving while suspended or
revoked, is a Class B felony if the suspension or revocation resulted from any
degree of murder, manslaughter, criminally negligent homicide or assault
resulting from the operation of a motor vehicle, if the suspension or
revocation resulted from aggravated vehicular homicide or aggravated driving
while suspended or revoked or if the revocation resulted from a conviction for
felony driving while under the influence of intoxicants.
(4)
The offense described in this section, criminal driving while suspended or
revoked, is a Class A misdemeanor if the suspension or revocation is any of the
following:
(a)
A suspension under ORS 809.411 (2) resulting from commission by the driver of
any degree of recklessly endangering another person, menacing or criminal
mischief, resulting from the operation of a motor vehicle.
(b)
A revocation under ORS 809.409 (4) resulting from perjury or the making of a
false affidavit to the Department of Transportation.
(c)
A suspension under ORS 813.410 resulting from refusal to take a test prescribed
in ORS 813.100 or for taking a breath or blood test the result of which
discloses a blood alcohol content of:
(A)
0.08 percent or more by weight if the person was not driving a commercial motor
vehicle;
(B)
0.04 percent or more by weight if the person was driving a commercial motor
vehicle; or
(C)
Any amount if the person was under 21 years of age.
(d)
A suspension of a commercial driver license under ORS 809.413 (1) resulting
from failure to perform the duties of a driver under ORS 811.700 while driving
a commercial motor vehicle.
(e)
A suspension of a commercial driver license under ORS 809.413 (12) where the
person’s commercial driving privileges have been suspended or revoked by the
other jurisdiction for failure of or refusal to take a chemical test to
determine the alcoholic content of the person’s blood under a statute that is
substantially similar to ORS 813.100.
(f)
A suspension of a commercial driver license under ORS 809.404.
(g)
A revocation resulting from habitual offender status under ORS 809.640.
(h)
A suspension resulting from any crime punishable as a felony with proof of a
material element involving the operation of a motor vehicle, other than a crime
described in subsection (3) of this section.
(i) A suspension for failure to perform the duties of a
driver under ORS 811.705.
(j)
A suspension for reckless driving under ORS 811.140.
(k)
A suspension for fleeing or attempting to elude a police officer under ORS
811.540.
(L)
A suspension or revocation resulting from misdemeanor driving while under the
influence of intoxicants under ORS 813.010.
(m)
A suspension for use of a commercial motor vehicle in the commission of a crime
punishable as a felony.
(5)
In addition to any other sentence that may be imposed, if a person is convicted
of the offense described in this section and the underlying suspension resulted
from driving while under the influence of intoxicants, the court shall impose a
minimum fine of at least $1,000 if it is the person’s first conviction for
criminal driving while suspended or revoked and a minimum fine of at least
$2,000 if it is the person’s second or subsequent conviction.
(6)
The Oregon Criminal Justice Commission shall classify a violation of this
section that is a felony as crime category 6 of the rules of the Oregon
Criminal Justice Commission. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10;
1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7;
2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19;
2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97]
811.185 [1983
c.338 §600; 1985 c.16 §306; repealed by 1991 c.208 §1]
DRIVER OFFENSES INVOLVING PASSENGERS
811.190 Operation with obstructing passenger;
penalty. (1) A person commits the offense of
driver operation with obstructing passenger if the person is operating a
vehicle when another person is in the operator’s lap or in the operator’s
embrace.
(2)
The offense described in this section, driver operation with obstructing
passenger, is a Class D traffic violation. [1983 c.338 §601; 1995 c.383 §50]
811.195 Having passenger in trailer;
penalty. (1) A person commits the offense of
having a passenger in a trailer if the person operates a vehicle on a highway
while towing any type of trailer that contains a passenger.
(2)
This section does not apply if the person is operating any of the following
vehicles:
(a)
A commercial bus trailer.
(b)
An independently steered trailer.
(c)
A trailer towed with a fifth wheel hitch if the trailer is equipped with all of
the following:
(A)
Safety glazing materials that meet the standards established under ORS 815.040
wherever there are windows or doors with windows on the vehicle.
(B)
An auditory or visual signaling device that a passenger inside the vehicle can
use to gain the attention of the motor vehicle driver towing the vehicle.
(C)
At least one unobstructed exit capable of being opened from both the interior
and exterior of the vehicle.
(3)
The offense described in this section, passenger in trailer, is a Class D
traffic violation. [1983 c.338 §602; 1985 c.16 §307; 1995 c.383 §51; 2003 c.158
§7]
811.200 Carrying dog on external part of
vehicle; penalty. (1) A person commits the offense
of carrying a dog on the external part of a vehicle if the person carries a dog
upon the hood, fender, running board or other external part of any automobile
or truck that is upon a highway unless the dog is protected by framework,
carrier or other device sufficient to keep it from falling from the vehicle.
(2)
The offense described in this section, carrying dog on external part of
vehicle, is a Class D traffic violation. [1983 c.338 §603; 1995 c.383 §52]
811.205 Carrying minor on external part of
vehicle; penalty. (1) A person commits the offense
of carrying a minor on an external part of a motor vehicle if the person
carries any person under 18 years of age upon the hood, fender, running board
or other external part of any motor vehicle that is upon a highway.
(2)
For purposes of this section, the open bed of a motor vehicle is an external
part of a motor vehicle.
(3)
A person does not commit the offense described in this section if the person:
(a)
Is carrying a minor in the open bed of a motor vehicle and the minor is secured
with a safety belt or safety harness that complies with rules adopted under ORS
815.055;
(b)
Is operating the motor vehicle in an organized parade; or
(c)
Is carrying a minor who is seated on the floor of the open bed of a motor
vehicle in which all available passenger seats are occupied by minors, the
tailgate is securely closed and the minor is being transported:
(A)
In the course and scope of employment, provided that the minor is transported
in compliance with law and rules regulating the transport of workers; or
(B)(i) Between a hunting camp and a hunting site or between
hunting sites during hunting season; and
(ii)
The minor has a hunting license.
(4)
The offense described in this section, carrying a minor on an external part of
a motor vehicle, is a Class B traffic violation. [1983 c.338 §604; 1995 c.383 §53;
2003 c.107 §1]
811.207 Legislative findings regarding
restraint of children in motor vehicles. The
Legislative Assembly finds that:
(1)
Oregon drivers look to the law in deciding how to restrain and protect children
in motor vehicles.
(2)
The proper restraint of children in motor vehicles will reduce the number of
children killed in motor vehicle accidents and reduce the severity of injuries
to children who survive motor vehicle accidents. [2007 c.601 §1]
Note:
811.207 was enacted into law by the Legislative Assembly but was not added to
or made a part of the Oregon Vehicle Code or any chapter or series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
811.210 Failure to properly use safety
belts; penalty. (1)(a) Except as provided in ORS
811.215, a person commits the offense of failure to properly use safety belts
if the person:
(A)
Operates a motor vehicle on the highways of this state and is not properly
secured with a safety belt or safety harness as required by subsection (2) of
this section.
(B)
Is the parent, legal guardian or person with legal responsibility for the
safety and welfare of a child who is under 16 years of age and the child, while
operating on public lands a Class I, Class II or Class IV all-terrain vehicle
that is not registered under ORS 803.420, is not properly secured with a safety
belt or safety harness.
(C)
Is the parent, legal guardian or person with legal responsibility for the
safety and welfare of a child who is under 16 years of age and the child, while
operating on public lands a Class II all-terrain vehicle registered under ORS
803.420, is not properly secured with a safety belt or safety harness as
required by subsection (2) of this section.
(D)
Operates a motor vehicle on the highways of this state with a passenger who is
under 16 years of age and the passenger is not properly secured with a child
safety system, safety belt or safety harness as required by subsection (2) of
this section.
(E)
Is the parent, legal guardian or person with legal responsibility for the
safety and welfare of a child who is under 16 years of age and the child, while
riding on public lands in or on a Class I, Class II or Class IV all-terrain
vehicle that is not registered under ORS 803.420, is not properly secured with
a safety belt or safety harness.
(F)
Is the parent, legal guardian or person with legal responsibility for the
safety and welfare of a child who is under 16 years of age and the child, while
riding on public lands in or on a Class II all-terrain vehicle registered under
ORS 803.420, is not properly secured with a safety belt or safety harness as
required by subsection (2) of this section.
(G)
Is a passenger in a privately owned commercial vehicle, as defined in ORS
801.210, that is designed and used for the transportation of 15 or fewer
persons, including the driver, and the person is 16 years of age or older and
is responsible for another passenger who is not properly secured with a child
safety system as required under subsection (2)(a), (b) or (c) of this section.
(H)
Is a passenger in a motor vehicle being operated on the highways of this state
who is 16 years of age or older and who is not properly secured with a safety
belt or safety harness as required by subsection (2) of this section.
(b)
As used in this subsection, “public lands” includes privately owned land that
is open to the general public for the use of all-terrain vehicles as the result
of funding from the All-Terrain Vehicle Account under ORS 390.560.
(2)
To comply with this section:
(a)
A person who is under one year of age, regardless of weight, or a person who
weighs 20 pounds or less must be properly secured with a child safety system in
a rear-facing position.
(b)
A person who weighs 40 pounds or less must be properly secured with a child
safety system that meets the minimum standards and specifications established
by the Department of Transportation under ORS 815.055 for child safety systems
designed for children weighing 40 pounds or less.
(c)
Except as provided in subsection (3) of this section, a person who weighs more
than 40 pounds and who is four feet nine inches or shorter must be properly
secured with a child safety system that elevates the person so that a safety
belt or safety harness properly fits the person. As used in this paragraph, “properly
fits” means the lap belt of the safety belt or safety harness is positioned low
across the thighs and the shoulder belt is positioned over the collarbone and
away from the neck. The child safety system shall meet the minimum standards
and specifications established by the department under ORS 815.055 for child
safety systems designed for children who are four feet nine inches or shorter.
(d)
A person who is taller than four feet nine inches must be properly secured with
a safety belt or safety harness that meets requirements under ORS 815.055.
(e)
Notwithstanding paragraphs (b) and (c) of this subsection, a person who is
eight years of age or older need not be secured with a child safety system but
must be properly secured with a safety belt or safety harness that meets
requirements under ORS 815.055.
(3)
The requirements of subsection (2)(c) of this section do not apply:
(a)
If the rear seat of a vehicle is not equipped with shoulder belts, provided the
person is secured by a lap belt; or
(b)
If the child is properly secured with a child safety system that meets the
minimum standards and specifications established by the department under ORS
815.055 for child safety systems designed for children weighing more than 40
pounds.
(4)
The offense described in this section, failure to properly use safety belts, is
a Class D traffic violation. [1985 c.16 §309; 1985 c.619 §1; 1991 c.2 §1; 1993
c.153 §1; 1993 c.751 §112; 2001 c.679 §1; 2003 c.159 §1; 2005 c.244 §2; 2007
c.601 §2; 2009 c.498 §1; 2010 c.30 §10; 2011 c.300 §1; 2011 c.360 §17]
811.215 Exemptions from safety belt
requirements. ORS 811.210 does not apply to:
(1)
Privately owned commercial vehicles that are being used for the transportation
of persons for compensation or profit. The exemption in this subsection does
not apply to any of the following:
(a)
Motor carriers, as defined in ORS 825.005, when operating in interstate
commerce.
(b)
Vehicles designed and used for the transportation of 15 or fewer persons,
including the driver, except that the operator of a vehicle described in this
paragraph is not required to:
(A)
Be properly secured with a safety belt or safety harness as required by ORS
811.210 if the operator is a taxicab operator; or
(B)
Ensure that a passenger is properly secured with a child safety system as
described in ORS 811.210 (2)(a), (b) or (c).
(2)
Any vehicle not required to be equipped with safety belts or safety harnesses
at the time the vehicle was manufactured, unless safety belts or safety
harnesses have been installed in the vehicle.
(3)
Any vehicle exempted by ORS 815.080 from requirements to be equipped upon sale
with safety belts or safety harnesses.
(4)
Any person for whom a certificate is issued by the Department of Transportation
under ORS 811.220.
(5)
Any person who is a passenger in a vehicle if all seating positions in the
vehicle are occupied by other persons.
(6)
Any person who is being transported while in the custody of a police officer or
any law enforcement agency.
(7)
Any person who is delivering newspapers or mail in the regular course of work.
(8)
Any person who is riding in an ambulance for the purpose of administering medical
aid to another person in the ambulance, if being secured by a safety belt or
safety harness would substantially inhibit the administration of medical aid.
(9)
Any person who is reading utility meters in the regular course of work.
(10)
Any person who is employed to operate a vehicle owned by a mass transit
district while the vehicle is being used for the transportation of passengers
in the public transportation system of the district.
(11)
Any person who is collecting solid waste or recyclable materials in the regular
course of work. [1985 c.619 §3; 1987 c.138 §3; 1991 c.2 §2; 1997 c.509 §3; 1999
c.1057 §4; 2003 c.589 §5; 2005 c.244 §1; 2005 c.770 §8; 2007 c.200 §1; 2007
c.601 §3]
811.220 Certificates of exemption from
safety belt requirement. The Director of Transportation
shall issue a certificate of exemption required under ORS 811.215 for any
person on whose behalf a statement signed by a physician is presented to the
Department of Transportation. For a physician’s statement to qualify under this
section, the physician giving the statement must set forth reasons in the
statement why use of a child safety system, safety belt or safety harness by
the person would be impractical or harmful to the person by reason of physical
condition, medical problem or body size. [1985 c.16 §310; 1985 c.619 §4; 1991
c.2 §3; 1995 c.79 §372; 2001 c.104 §306]
811.225 Failure to maintain safety belts in
working order; penalty. (1) The registered owner of a
motor vehicle commits the offense of failure of an owner to maintain safety
belts in working order if:
(a)
The vehicle is equipped with safety belts or safety harnesses that meet the
standards established under ORS 815.055; and
(b)
The owner fails to maintain the safety belts or safety harnesses in a condition
that will enable occupants of all seating positions equipped with safety belts
or safety harnesses to use the belts or harnesses.
(2)
The offense described in this section, failure of an owner to maintain safety
belts in working order, is a Class C traffic violation. [1991 c.2 §5; 1995
c.383 §118; 2003 c.158 §10]
HIGHWAY WORK ZONES
811.230 Definitions; fine; notice.
(1) As used in ORS 811.230, 811.231, 811.232 and 811.233:
(a)
“Flagger” means a person who controls the movement of vehicular traffic through
construction projects using sign, hand or flag signals.
(b)
“Highway work zone” means an area identified by advance warning where road
construction, repair or maintenance work is being done by highway workers on or
adjacent to a highway, regardless of whether or not highway workers are
actually present. As used in this paragraph, “road construction, repair or
maintenance work” includes, but is not limited to, the setting up and
dismantling of advance warning systems.
(c)
“Highway worker” means an employee of a government agency, private contractor
or utility company working in a highway work zone.
(2)(a)
The presumptive 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 highway work
zone is the presumptive fine for the offense established under ORS 153.020.
(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 highway
work zone 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 highway
work zone is two percent of the maximum fine established for the offense.
(3)
This section applies to the following offenses if committed in a highway work
zone:
(a)
Class A or Class B traffic violations.
(b)
Class C or Class D traffic violations related to exceeding a legal speed.
(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.
(4)
When a highway work zone is created, the agency, contractor or company
responsible for the work may post signs designed to give motorists notice of
the provisions of this section. [1995 c.253 §2; 1997 c.843 §3; 1999 c.1051 §292;
2011 c.597 §114]
811.231 Reckless endangerment of highway
workers; penalties. (1) A person commits the offense
of reckless endangerment of highway workers if the person drives a motor
vehicle in a highway work zone in such a manner as to endanger persons or
property or if the person removes, evades or intentionally strikes a traffic
control device in a highway work zone.
(2)
Reckless endangerment of highway workers is a Class A misdemeanor. In addition
to any other penalty, a person convicted of reckless endangerment of highway
workers is subject to suspension of driving privileges as provided in ORS
809.411 (6). [1995 c.253 §3; 1997 c.83 §4; 2001 c.176 §7; 2003 c.402 §38]
811.232 Refusing to obey flagger; penalty.
(1) A person commits the offense of refusing to obey a flagger if the person
intentionally and unreasonably disobeys a lawful order by a flagger relating to
driving a motor vehicle in a highway work zone.
(2)
Refusing to obey a flagger is a Class A traffic violation. [1995 c.253 §4]
811.233 Failure to yield right of way to
highway worker; penalty. (1) A person commits the offense
of failure to yield the right of way to a highway worker who is a pedestrian if
the person is operating a motor vehicle in a highway work zone and does not
yield the right of way to a highway worker who is a pedestrian.
(2)
The provisions of ORS 814.040 and 814.070 regarding pedestrians do not apply to
pedestrians described in subsection (1) of this section.
(3)
The offense described in this section, failure to yield the right of way to a
highway worker who is a pedestrian, is a Class B traffic violation. [1997 c.843
§2]
SCHOOL ZONE PENALTIES
811.235 Fine for traffic offenses in
school zones. (1)(a) If signs authorized by ORS
810.245 are posted, the presumptive fine for a person charged with an offense
that is listed in subsection (2)(a) or (b) of this section and that is
committed in a school zone shall be the amount established under ORS 153.020
for the offense.
(b)
If signs authorized by ORS 810.245 are posted, the minimum fine for a person
convicted of a misdemeanor offense that is listed in subsection (2)(c) to (g)
of this section and that is committed in a school zone is 20 percent of the
maximum fine established for the offense.
(c)
If signs authorized by ORS 810.245 are posted, the minimum fine for a person
convicted of a felony offense that is listed in subsection (2)(c) to (g) of
this section and that is committed in a school zone is two percent of the
maximum fine established for the offense.
(2)
This section applies to the following offenses if committed in a school zone:
(a)
Class A or Class B traffic violations.
(b)
Class C or Class D traffic violations related to exceeding a legal speed.
(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.
(3)
For purposes of this section, a traffic offense occurs in a school zone if the
offense occurs while the motor vehicle is in a school zone, notice of the
school zone is indicated plainly by traffic control devices conforming to the
requirements established under ORS 810.200 and posted under authority granted
by ORS 810.210 and:
(a)
Children are present as described in ORS 811.124; or
(b)
A flashing light used as a traffic control device and operated under ORS
810.243 indicates that children may be arriving at or leaving school. [1997
c.682 §3; 1999 c.1051 §293; 2003 c.397 §9; 2011 c.597 §115]
GENERAL DRIVING RULES
(Generally)
811.250 Law applicable to vehicles
registered out of state. Any out-of-state registered
vehicle is subject to all laws, rules and regulations governing the operation
of such vehicles on the highways of this state. [1983 c.338 §606; 1985 c.401 §15]
811.255 Permitting unlawful operation of
vehicle; penalty. (1) A person who is an owner, lessor or lessee of a motor vehicle or who employs or
otherwise directs the driver of a motor vehicle, commits the offense of
permitting the unlawful operation of a vehicle if the person knowingly permits
or requires the operation of the vehicle in violation of any of the following:
(a)
The rules of the road.
(b)
The laws governing equipment of motor vehicles.
(c)
The laws governing weight of motor vehicles.
(d)
The laws governing operator driving privileges.
(e)
The laws governing registration or titling of vehicles.
(2)
The offense described in this section, permitting unlawful operation of a
vehicle, is a Class B traffic violation. [1983 c.338 §607]
(Traffic Control Devices)
811.260 Appropriate driver responses to
traffic control devices. Except as provided in ORS
811.265 (2), a driver is in violation of ORS 811.265 if the driver makes a
response to traffic control devices that is not permitted under the following:
(1)
Green signal. A driver facing a green light may proceed straight through or
turn right or left unless a sign at that place prohibits either turn. A driver
shall yield the right of way to other vehicles within the intersection at the
time the green light is shown.
(2)
Green arrow. A driver facing a green arrow signal light, shown alone or in
combination with another signal, may cautiously enter the intersection only to
make the movement indicated by such arrow or such other movement as is
permitted by other signals shown at the same time.
(3)
Green bicycle signal. A bicyclist facing a green bicycle signal may proceed
straight through or turn right or left unless a sign at that place prohibits
either turn. The bicyclist shall yield the right of way to other vehicles
within the intersection at the time the green bicycle signal is shown.
(4)
Steady circular yellow signal. A driver facing a steady circular yellow signal
light is thereby warned that the related right of way is being terminated and
that a red or flashing red light will be shown immediately. A driver facing the
light shall stop at a clearly marked stop line, but if none, shall stop before
entering the marked crosswalk on the near side of the intersection, or if there
is no marked crosswalk, then before entering the intersection. If a driver
cannot stop in safety, the driver may drive cautiously through the
intersection.
(5)
Steady yellow arrow signal. A driver facing a steady yellow arrow signal, alone
or in combination with other signal indications, is thereby warned that the
related right of way is being terminated. Unless entering the intersection to
make a movement permitted by another signal, a driver facing a steady yellow
arrow signal shall stop at a clearly marked stop line, but if none, shall stop
before entering the marked crosswalk on the near side of the intersection, or
if there is no marked crosswalk, then before entering the intersection. If a
driver cannot stop in safety, the driver may drive cautiously through the
intersection.
(6)
Steady yellow bicycle signal. A bicyclist facing a steady yellow bicycle signal
is thereby warned that the related right of way is being terminated and that a
red bicycle signal will be shown immediately. A bicyclist facing a steady
yellow bicycle signal shall stop at a clearly marked stop line, but if none,
shall stop before entering the marked crosswalk on the near side of the
intersection, or if there is no marked crosswalk, then before entering the
intersection. If a bicyclist cannot stop in safety, the bicyclist may proceed
cautiously through the intersection.
(7)
Steady circular red signal. A driver facing a steady circular red signal light alone
shall stop at a clearly marked stop line, but if none, before entering the
marked crosswalk on the near side of the intersection, or if there is no marked
crosswalk, then before entering the intersection. The driver shall remain
stopped until a green light is shown except when the driver is permitted to
make a turn under ORS 811.360.
(8)
Steady red arrow signal. A driver facing a steady red arrow signal, alone or in
combination with other signal indications, may not enter the intersection to
make the movement indicated by the red arrow signal. Unless entering the
intersection to make some other movement which is permitted by another signal,
a driver facing a steady red arrow signal shall stop at a clearly marked stop
line, but if none, before entering the marked crosswalk on the near side of the
intersection, or if there is no marked crosswalk, then before entering the
intersection. The vehicle shall remain stopped until a green light is shown
except when the driver is permitted to make a turn under ORS 811.360.
(9)
Steady red bicycle signal. A bicyclist facing a steady red bicycle signal shall
stop at a clearly marked stop line, but if none, before entering the marked
crosswalk on the near side of the intersection, or if there is no marked
crosswalk, then before entering the intersection. The bicyclist shall remain
stopped until a green bicycle signal is shown except when the bicyclist is
permitted to make a turn under ORS 811.360.
(10)
Traffic control devices at places other than intersections. If a traffic
control device that is a signal is erected and maintained at a place other than
an intersection, the provisions of this section relating to signals shall be
applicable. A required stop shall be made at a sign or marking on the roadway
indicating where the stop shall be made, but in the absence of such sign or
marking the stop shall be made at the signal.
(11)
Flashing red signal. When a driver approaches a flashing red light used in a
traffic control device or with a traffic sign, the driver shall stop at a
clearly marked stop line, but if none, before entering the marked crosswalk on
the near side of the intersection, or if there is no marked crosswalk, then at
the point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering it. The right
to proceed shall be subject to the rules applicable after making a stop at a
stop sign. This subsection does not apply at railroad grade crossings. Conduct
of a driver approaching a railroad grade crossing is governed by ORS 811.455.
(12)
Flashing circular yellow signal. When a driver approaches a flashing circular
yellow light used as a signal in a traffic control device or with a traffic
sign, the driver may proceed through the intersection or past the signal only
with caution. This subsection does not apply at railroad grade crossings.
Conduct of a driver approaching a railroad grade crossing is governed by ORS
811.455.
(13)
Flashing yellow arrow signal. A driver facing a flashing yellow arrow signal,
alone or in combination with other signal indications, may cautiously enter the
intersection only to make the movement indicated by the flashing yellow arrow
signal or the movement permitted by other signals shown at the same time. A
driver shall yield the right of way to other vehicles within the intersection
at the time the flashing yellow arrow signal is shown. In addition, a driver
turning left shall yield the right of way to other vehicles approaching from
the opposite direction so closely as to constitute an immediate hazard during
the time when the turning vehicle is moving across or within the intersection.
(14)
Lane direction control signals. When lane direction control signals are placed
over the individual lanes of a highway, a person may drive a vehicle in any
lane over which a green signal light is shown, but may not enter or travel in
any lane over which a red signal light is shown.
(15)
Stop signs. A driver approaching a stop sign shall stop at a clearly marked
stop line, but if none, before entering the marked crosswalk on the near side
of the intersection or, if there is no marked crosswalk, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering it. After stopping, the
driver shall yield the right of way to any vehicle in the intersection or
approaching so closely as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection.
(16)
Yield signs. A driver approaching a yield sign shall slow the driver’s vehicle
to a speed reasonable for the existing conditions and if necessary for safety,
shall stop at a line as required for stop signs under this section, and shall
yield the right of way to any vehicles in the intersection or approaching so
closely as to constitute an immediate hazard. [1983 c.338 §609; 1989 c.539 §1;
1997 c.507 §6; 2003 c.278 §6; 2011 c.168 §1]
811.265 Driver failure to obey traffic
control device; penalty. (1) A person commits the offense
of driver failure to obey a traffic control device if the person drives a
vehicle and the person does any of the following:
(a)
Fails to obey the directions of any traffic control device.
(b)
Fails to obey any specific traffic control device described in ORS 811.260 in
the manner required by that section.
(2)
A person is not subject to this section if the person is doing any of the
following:
(a)
Following the directions of a police officer.
(b)
Driving an emergency vehicle or ambulance in accordance with the privileges
granted those vehicles under ORS 820.300.
(c)
Properly executing a turn on a red light as authorized under ORS 811.360.
(d)
Driving in a funeral procession led by a funeral lead vehicle or under the
direction of the driver of a funeral escort vehicle.
(3)
The offense described in this section, driver failure to obey a traffic control
device, is a Class B traffic violation. [1983 c.338 §608; 1991 c.482 §13]
811.270 Failure to obey one-way
designation; penalty. (1) A person commits the offense
of failure to obey a one-way designation if the person is operating a vehicle
and the person proceeds upon a roadway designated for one-way traffic in a
direction other than that indicated by a traffic control device.
(2)
The offense described in this section, failure to obey a one-way designation,
is a Class B traffic violation. [1983 c.338 §610]
(Right of Way)
811.275 Failure to yield right of way at
uncontrolled intersection; penalty. (1) A person
commits the offense of failure to yield the right of way at an uncontrolled
intersection if the person is operating a motor vehicle that is approaching an
uncontrolled highway intersection and the person does not look out for and give
right of way to any driver on the right simultaneously approaching a given
point, regardless of which driver first reaches and enters the intersection.
(2)
This section is subject to the described provisions of the following sections:
(a)
The provisions of ORS 811.260, relating to stop signs and yield signs.
(b)
The provisions of ORS 811.285, relating to the requirements to yield the right
of way upon entering a freeway or other arterial highway.
(c)
The provisions of ORS 811.277, relating to the right of way at an uncontrolled
T intersection.
(3)
A person entering an intersection at an unlawful speed shall forfeit any right
of way the person would otherwise have under subsection (1) of this section.
(4)
The offense described in this section, failure to yield right of way at an
uncontrolled intersection, is a Class B traffic violation. [1983 c.338 §611;
1985 c.16 §311; 1987 c.138 §4; 2003 c.183 §3]
811.277 Failure to yield right of way at
uncontrolled T intersection; penalty. (1) A person
commits the offense of failure to yield the right of way at an uncontrolled T
intersection if the person is operating a motor vehicle on a highway that ends
at an uncontrolled T intersection and the person does not yield the right of
way to any driver who is on the highway at the top of the T intersection.
(2)
As used in this section and ORS 811.275:
(a)
“T intersection” means an intersection at which one highway is perpendicular to
another and at which one of the highways ends.
(b)
“Top of the T intersection” means the highway that does not end at the junction
of two highways.
(3)
The offense described in this section, failure to yield the right of way at an
uncontrolled T intersection, is a Class B traffic violation. [2003 c.183 §2]
811.280 Failure of driver entering roadway
to yield right of way; penalty. (1) A person
commits the offense of failure of a driver entering a roadway to yield the
right of way if the person:
(a)
Is operating a vehicle that is about to enter or cross a roadway from any
private road, driveway, alley or place other than another roadway; and
(b)
Does not yield the right of way to any vehicle approaching on the roadway to be
entered or crossed so closely as to constitute an immediate hazard.
(2)
This section does not apply where the movement of traffic is otherwise directed
by a traffic control device or a driver of a funeral escort vehicle.
(3)
The offense described in this section, failure of driver entering roadway to
yield right of way, is a Class B traffic violation. [1983 c.338 §612; 1991
c.482 §14; 1995 c.383 §54]
811.285 Failure of merging driver to yield
right of way; penalty. (1) A person commits the offense
of failure of a merging driver to yield the right of way if the person is
operating a vehicle that is entering a freeway or other arterial highway where
an acceleration or merging lane is provided for the operator’s use and the
operator does not look out for and give right of way to vehicles on the freeway
or other arterial highway.
(2)
The offense described in this section, failure of a merging driver to yield the
right of way, is a Class B traffic violation. [1983 c.338 §613; 1995 c.383 §55]
811.290 Obstructing cross traffic;
penalty. (1) A person commits the offense of
obstructing cross traffic if the person is operating a vehicle and the person
enters an intersection or a marked crosswalk when there is not sufficient space
on the other side of the intersection or crosswalk to accommodate the vehicle
without obstructing the passage of other vehicles or pedestrians.
(2)
The offense described in this section applies whether or not a traffic control
device indicates to proceed.
(3)
The offense described in this section, obstructing cross traffic, is a Class D
traffic violation. [1983 c.338 §614; 1995 c.383 §56]
811.292 Failure to yield right of way
within roundabout; exception; penalty. (1) A person
commits the offense of failure to yield right of way within a roundabout if the
person operates a motor vehicle upon a multilane circulatory roadway and:
(a)
Overtakes or passes a commercial motor vehicle;
(b)
Drives alongside a commercial motor vehicle; or
(c)
Does not yield the right of way to a second vehicle lawfully exiting the
roundabout from a position ahead and to the left of the person’s vehicle.
(2)
This section does not apply if a traffic control device indicates that the
operator of a motor vehicle should take other action.
(3)
The offense described in this section, failure to yield right of way within a
roundabout, is a Class C traffic violation. [2001 c.464 §5; 2011 c.85 §1]
Note:
811.292 was added to and made a part of the Oregon Vehicle Code by legislative
action but was not added to ORS chapter 811 or any series therein. See Preface
to Oregon Revised Statutes for further explanation.
(Driving on the Right)
811.295 Failure to drive on right;
exceptions; penalty. (1) A person commits the offense
of failure to drive on the right if the person is operating a vehicle on a
roadway of sufficient width and the person does not drive on the right half of
the roadway.
(2)
A person is not required to drive on the right side of the roadway by this
section under any of the following circumstances:
(a)
When overtaking and passing another vehicle proceeding in the same direction
under the rules governing this movement in ORS 811.410 to 811.425 or 811.808.
(b)
When preparing to turn left in an intersection, alley or private road or
driveway.
(c)
When an obstruction or condition exists making it necessary to drive to the
left of the center of the roadway, provided that a driver doing so shall yield
the right of way to all vehicles traveling in the proper direction upon the
unobstructed portion of the roadway within a distance as to constitute an
immediate hazard.
(d)
Upon a roadway divided into three marked lanes for traffic under the rules
applicable on the roadway under ORS 811.380.
(e)
Upon a roadway restricted to one-way traffic.
(3)
The offense described in this section, failure to drive on the right, is a
Class B traffic violation. [1983 c.338 §615; 1991 c.482 §15]
811.300 Failure to drive on right of
approaching vehicle; exceptions; penalty. (1) A
person commits the offense of failure to drive on the right of an approaching
vehicle if the person is operating a vehicle upon a roadway having width for
not more than one lane of traffic in each direction and the person does not:
(a)
Pass to the right of any other vehicle proceeding on the roadway in the
opposite direction; and
(b)
Give to the other at least one-half of the main traveled portion of the roadway
as nearly as possible.
(2)
This section does not apply to a person operating a vehicle as otherwise
directed by a traffic control device.
(3)
The offense described in this section, failure to drive on the right of an
approaching vehicle, is a Class B traffic violation. [1983 c.338 §616]
811.305 Driving on left on curve or grade
or at intersection or rail crossing; exceptions; penalty.
(1) A person commits the offense of driving on the left on a curve or grade or
at an intersection or rail crossing if the person is operating a vehicle upon
any two-way roadway where traffic is permitted to move in both directions
simultaneously and the person drives on the left side of the center of the
roadway:
(a)
Upon any part of a grade or upon a curve in the roadway where the driver’s view
is obstructed for such a distance as to create a hazard in the event another
vehicle might approach from the opposite direction;
(b)
When approaching an intersection or railroad grade crossing where the driver’s
view is obstructed for such a distance as to create a hazard in the event
another vehicle might approach from the opposite direction; or
(c)
At any intersection or railroad grade crossing.
(2)
This section does not prohibit a person from driving on the left side of the
center of a roadway under the following circumstances:
(a)
When the right half of the roadway is obstructed or closed to traffic while
under construction or repair; or
(b)
When a driver makes a lawful left turn.
(3)
The offense described in this section, driving on the left on a curve or grade
or at an intersection or rail crossing, is a Class B traffic violation. [1983
c.338 §617]
811.310 Crossing center line on two-way,
four-lane road; exceptions; penalty. (1) A person
commits the offense of crossing the center line on a two-way, four-lane road if
the person is operating a vehicle on a two-way roadway that has four or more
lanes for moving traffic and the person drives to the left of the center line
of the roadway.
(2)
A person is not prohibited from driving to the left of the center line of a
roadway by this section under the following circumstances:
(a)
When authorized by a traffic control device designating certain lanes to the
left side of the center of the roadway for use by traffic.
(b)
When an obstruction or condition exists making it necessary to drive to the
left of the center of the roadway, provided that a driver doing so shall yield
the right of way to all vehicles traveling in the proper direction upon the
unobstructed portion of the roadway within a distance as to constitute an
immediate hazard.
(c)
When making a left turn at an intersection, alley or private road or driveway.
(3)
The offense described in this section, crossing the center line on a two-way,
four-lane road, is a Class B traffic violation. [1983 c.338 §618]
811.315 Failure of slow driver to drive on
right; exceptions; penalty. (1) A person commits the offense
of failure of a slow driver to drive on the right if the person is operating a
vehicle upon a roadway at less than the normal speed of traffic at the time and
place and under the conditions then existing and the person fails to drive:
(a)
In the right-hand lane available for traffic; or
(b)
As close as practicable to the right-hand curb or edge of the roadway.
(2)
This section does not apply under any of the following circumstances:
(a)
When overtaking and passing another vehicle proceeding in the same direction
under the rules governing passing in ORS 811.410 to 811.425.
(b)
When preparing to turn left at an intersection, alley or private road or
driveway.
(3)
The offense described in this section, failure of slow driver to drive on the
right, is a Class B traffic violation. [1983 c.338 §619; 1995 c.383 §57]
811.320 Failure to drive to right on
divided highway; exceptions; penalty. (1) A person
commits the offense of failure to drive to the right on a divided highway if
the person is operating a vehicle upon a highway divided into two or more
roadways by means of an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular traffic and
the person does not drive only upon the right-hand roadway.
(2)
This section does not apply if a person is operating a vehicle in accordance
with traffic control devices or the directions of a police officer that differ
from the requirements of this section.
(3)
The offense described in this section, failure to drive to the right on a
divided highway, is a Class B traffic violation. [1983 c.338 §620]
811.325 Failure to keep camper, trailer or
truck in right lane; exceptions; penalty. (1) A
person commits the offense of failure to keep a camper, trailer or truck in the
right lane if the person is operating any of the vehicles described in this
subsection and the person does not drive in the right lane of all roadways
having two or more lanes for traffic proceeding in a single direction. This
subsection applies to all of the following vehicles:
(a)
Any camper.
(b)
Any vehicle with a trailer.
(c)
Any vehicle with a registration weight of 10,000 pounds or more.
(2)
This section does not require the described vehicles to be driven in the right
lane under any of the following circumstances:
(a)
When overtaking and passing another vehicle proceeding in the same direction
under the rules governing this movement in ORS 811.410 to 811.425 when such
movement can be made without interfering with the passage of other vehicles.
(b)
When preparing to turn left.
(c)
When reasonably necessary in response to emergency conditions.
(d)
To avoid actual or potential traffic moving onto the right lane from an
acceleration or merging lane.