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.
(e)
When necessary to follow traffic control devices that direct use of a lane
other than the right lane.
(3)
The offense described in this section, failure to keep camper, trailer or truck
in the right lane, is a Class B traffic violation. [1983 c.338 §621; 1989 c.723
§18; 1995 c.383 §58; 2005 c.770 §7]
811.330 Driving wrong way around traffic
island; penalty. (1) A person commits the offense
of driving the wrong way around a traffic island if the person is operating a
vehicle and the person drives the vehicle around a rotary traffic island in any
direction except to the right of the island.
(2)
The offense described in this section, driving the wrong way around a traffic
island, is a Class B traffic violation. [1983 c.338 §622]
(Turning)
811.335 Unlawful or unsignaled
turn; penalty. (1) A person commits the offense of
making an unlawful or unsignaled turn if the person
is operating a vehicle upon a highway and the person turns the vehicle right or
left when:
(a)
The movement cannot be made with reasonable safety; or
(b)
The person fails to give an appropriate signal continuously during not less
than the last 100 feet traveled by the vehicle before turning.
(2)
Appropriate signals for use while turning are as designated under ORS 811.395
and 811.400.
(3)
The offense described in this section, making an unlawful or unsignaled turn, is a Class D traffic violation. [1983
c.338 §623; 1995 c.383 §59]
811.340 Improperly executed left turn;
penalty. (1) A person commits the offense of
making an improperly executed left turn if the person operates a vehicle and is
intending to turn the vehicle to the left and the person does not:
(a)
Approach the turn in the extreme left-hand lane lawfully available to traffic
moving in the direction of travel of the turning vehicle;
(b)
Make the left turn to the left of the center of the intersection whenever
practicable; and
(c)
Except as otherwise allowed by ORS 811.346, leave the intersection or other
location in the extreme left-hand lane lawfully available to traffic moving in
the same direction as such vehicle on the roadway being entered.
(2)
The offense described in this section, improperly executing a left turn, is a
Class B traffic violation. [1983 c.338 §624; 1985 c.16 §312; 1995 c.383 §60;
1997 c.468 §3]
811.345 Failure to use special left turn
lane; penalty. (1) A person commits the offense of
failure to use a special left turn lane if the person is operating a vehicle
where a special lane for making left turns by drivers proceeding in opposite
directions has been indicated by traffic control devices and the person turns
the vehicle left from any other lane.
(2)
The offense described in this section, failure to use special left turn lane,
is a Class B traffic violation. [1983 c.338 §625; 1995 c.383 §61]
811.346 Misuse of special left turn lane;
penalty. (1) A person commits the offense of
misuse of a special left turn lane if the person uses a special left turn lane
for anything other than making a left turn either into or from the special left
turn lane.
(2)
A person who turns into a special left turn lane from an alley, driveway or
other entrance to the highway that has the special left turn lane is in
violation of this section if the person does anything other than stop in the
lane and merge into traffic in the lane immediately to the right of the person’s
vehicle.
(3)
As used in ORS 811.345 and this section, a “special left turn lane” is a median
lane that is marked for left turns by drivers proceeding in opposite
directions.
(4)
The offense described in this section, misuse of a special left turn lane, is a
Class B traffic violation. [1997 c.468 §2]
811.350 Dangerous left turn; penalty.
(1) A person commits the offense of making a dangerous left turn if the person:
(a)
Is operating a vehicle;
(b)
Intends to turn the vehicle to the left within an intersection or into an
alley, private road, driveway or place from a highway; and
(c)
Does not yield the right of way to a vehicle approaching from the opposite
direction that is within the intersection or so close as to constitute an
immediate hazard.
(2)
The offense described in this section, dangerous left turn, is a Class B
traffic violation. [1983 c.338 §626; 1985 c.16 §313]
811.355 Improperly executed right turn;
penalty. (1) A person commits the offense of
making an improperly executed right turn if the person is operating a vehicle,
is intending to turn the vehicle to the right and does not proceed as close as
practicable to the right-hand curb or edge of the roadway:
(a)
In making the approach for a right turn; and
(b)
In making the right turn.
(2)
The offense described in this section, improperly executed right turn, is a
Class B traffic violation. [1983 c.338 §627; 1995 c.383 §62]
811.360 When vehicle turn permitted at
stop light; improper turn at stop light; penalty.
(1) The driver of a vehicle, subject to this section, who is intending to turn
at an intersection where there is a traffic control device showing a steady
circular red signal, a steady red bicycle signal or a steady red arrow signal
may do any of the following without violating ORS 811.260 and 811.265:
(a)
Make a right turn into a two-way street.
(b)
Make a right or left turn into a one-way street in the direction of traffic upon
the one-way street.
(2)
A person commits the offense of improper turn at a stop light if the person
does any of the following while making a turn described in this section:
(a)
Fails to stop at the light as required.
(b)
Fails to exercise care to avoid an accident.
(c)
Disobeys the directions of a traffic control device or a police officer that
prohibits the turn.
(d)
Fails to yield the right of way to traffic lawfully within the intersection or
approaching so close as to constitute an immediate hazard.
(3)
A driver who is making a turn described in this section is also subject to the
requirements under ORS 811.028 to stop for a pedestrian while making the turn.
(4)
The offense described in this section, improper turn at a stop light, is a
Class B traffic violation. [1983 c.338 §628; 1997 c.507 §7; 2003 c.278 §7; 2005
c.746 §3; 2011 c.168 §2]
811.365 Illegal U-turn; penalty.
(1) A person commits the offense of making an illegal U-turn if the person is
operating a vehicle and the person turns the vehicle so as to proceed in the
opposite direction in any of the following places:
(a)
Within an intersection where traffic is controlled by an electrical signal.
This paragraph does not apply where posted otherwise.
(b)
Upon a highway within the limits of an incorporated city between intersections.
(c)
At any place upon a highway where the vehicle cannot be seen by another driver
approaching from either direction within a distance of:
(A)
500 feet within the incorporated limits of a city; or
(B)
1,000 feet outside a city.
(2)
The offense described in this section, illegal U-turn, is a Class C 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 B
traffic violation. [1983 c.338 §629; 1995 c.383 §63]
(Lane Use)
811.370 Failure to drive within lane;
exception; penalty. (1) Except as provided in
subsection (2) of this section, a person commits the offense of failure to
drive within a lane if the person is operating a vehicle upon a roadway that is
divided into two or more clearly marked lanes for traffic and the driver does
not:
(a)
Operate the vehicle as nearly as practicable entirely within a single lane; and
(b)
Refrain from moving from that lane until the driver has first made certain that
the movement can be made with safety.
(2)
A person who operates a commercial motor vehicle within a multilane roundabout
that is divided into two or more clearly marked lanes for traffic may operate
the commercial motor vehicle in more than one lane when it is not practicable
to remain entirely within one lane.
(3)
The offense described in this section, failure to drive within a lane, is a
Class B traffic violation. [1983 c.338 §630; 2011 c.85 §2]
811.375 Unlawful or unsignaled
change of lane; penalty. (1) A person commits the offense
of unlawful or unsignaled change of lanes if the
person is operating a vehicle upon a highway and the person changes lanes by
moving to the right or left upon the highway when:
(a)
The movement cannot be made with reasonable safety; or
(b)
The driver fails to give an appropriate signal continuously during not less
than the last 100 feet traveled by the vehicle before changing lanes.
(2)
Appropriate signals for use while changing lanes are as designated under ORS
811.395 and 811.400.
(3)
The offense described in this section, unlawful or unsignaled
change of lane, is a Class D traffic violation. [1983 c.338 §631; 1995 c.383 §64]
811.380 Improper use of center lane on
three-lane road; penalty. (1) A person commits the offense
of improper use of the center lane on a three-lane road if the person is
operating a vehicle upon a roadway divided into three clearly marked lanes for
traffic with two-way movement of traffic permitted on the roadway and the
person operates the vehicle in the center lane under any circumstances other
than as permitted under the following:
(a)
The driver may drive in the center lane when the center lane is allocated
exclusively to traffic moving in the same direction that the driver is
proceeding by a traffic control device directing the lane allocation.
(b)
The driver may drive in the center lane when the driver is overtaking and
passing a vehicle proceeding in the same direction and the center lane is clear
of traffic within a safe distance.
(c)
The driver may drive in the center lane when making a left turn.
(2)
The offense described in this section, improper use of center lane on
three-lane road, is a Class B traffic violation. [1983 c.338 §632]
811.385 Depriving motorcycle or moped of
full lane; penalty. (1) A person commits the offense
of depriving a motorcycle or moped of a full lane if the person operates a
motor vehicle upon a roadway laned for traffic in a
manner that prevents a moped operator or motorcyclist from full use of a lane.
(2)
This section does not apply to operators of motorcycles or mopeds whose use of
lanes is controlled by ORS 814.240 and 814.250.
(3)
The offense described in this section, depriving a motorcycle or moped of a full
lane, is a Class B traffic violation. [1983 c.338 §685]
(Signaling)
811.390 Unlawful use of lights to signal
for passing; penalty. (1) A person commits the offense
of unlawful use of lights to signal for passing if the person is operating a
vehicle and the person flashes any lights as a courtesy or “do pass” signal to
other drivers approaching from the rear.
(2)
The offense described in this section, unlawful use of lights to signal for
passing, is a Class D traffic violation. [1983 c.338 §633; 1995 c.383 §65]
811.395 Appropriate signals for stopping,
turning, changing lanes and decelerating. This
section establishes appropriate signals, for purposes of the vehicle code, for
use when signals are required while stopping, turning, changing lanes or suddenly
decelerating a vehicle. This section does not authorize the use of only hand
and arm signals when the use of signal lights is required under ORS 811.405.
Vehicle lighting equipment described in this section is vehicle lighting
equipment for which standards are established under ORS 816.100 and 816.120.
Appropriate signals are as follows:
(1)
To indicate a left turn either of the following:
(a)
Hand and arm extended horizontally from the left side of the vehicle.
(b)
Activation of front and rear turn signal lights on the left side of the
vehicle.
(2)
To indicate a right turn either of the following:
(a)
Hand and arm extended upward from the left side of the vehicle. A person who is
operating a bicycle is not in violation of this paragraph if the person signals
a right turn by extending the person’s right hand and arm horizontally.
(b)
Activation of front and rear turn signal lights on the right side of the
vehicle.
(3)
To indicate a stop or a decrease in speed either of the following:
(a)
Hand and arm extended downward from the left side of the vehicle; or
(b)
Activation of brake lights on the vehicle.
(4)
Change of lane by activation of both front and rear turn signal lights on the
side of the vehicle toward which the change of lane is made. [1983 c.338 §635;
1985 c.16 §314]
811.400 Failure to use appropriate signal
for turn, lane change, stop or exit from roundabout; penalty.
(1) A person commits the offense of failure to use an appropriate signal for a
turn, lane change or stop or for an exit from a roundabout if the person does
not make the appropriate signal under ORS 811.395 by use of signal lamps or
hand signals and the person is operating a vehicle that is:
(a)
Turning, changing lanes, stopping or suddenly decelerating; or
(b)
Exiting from any position within a roundabout.
(2)
This section does not authorize the use of only hand signals to signal a turn,
change of lane, stop or deceleration when the use of signal lights is required
under ORS 811.405.
(3)
The offense described in this section, failure to use appropriate signal for a
turn, lane change or stop or for an exit from a roundabout, is a Class B
traffic violation. [1983 c.338 §634; 1995 c.383 §66; 2001 c.464 §6]
811.405 Failure to signal with lights;
exceptions; penalty. (1) A person commits the offense
of failure to signal with lights when required if a person is operating a
vehicle and does not use the vehicle lighting equipment described under ORS
811.395 to signal when turning, changing lanes, stopping or suddenly decelerating
under any of the following circumstances:
(a)
During limited visibility conditions.
(b)
At any time the person is operating a vehicle or combination of vehicles in
which the distance from the center of the top of the steering post to the left
outside limit of the body, cab or load of the vehicle is greater than 24
inches.
(c)
At any time the person is operating a vehicle or combination of vehicles in
which the distance from the center of the top of the steering post to the rear
limit of the body or load is greater than 14 feet.
(2)
This section does not require the driver of a moped or bicycle that is not
equipped with lighting equipment to use lighting equipment when required by
this section. A driver of such moped or bicycle shall signal by means of
appropriate hand and arm signals described under ORS 811.395 without violation
of this section.
(3)
The offense described in this section, failure to signal with lights when
required, is a Class D traffic violation. [1983 c.338 §636; 1985 c.16 §315;
1995 c.383 §67]
(Passing)
811.410 Unsafe passing on left; penalty.
(1) A person commits the offense of unsafe passing on the left if the person
violates any of the following requirements concerning the overtaking and
passing of vehicles:
(a)
The driver of a vehicle that is overtaking any other vehicle proceeding in the
same direction shall pass to the left of the other vehicle at a safe distance
and shall not again drive to the right side of the roadway until safely clear
of the overtaken vehicle.
(b)
Except when overtaking and passing on the right is permitted under ORS 811.415,
the driver of an overtaken vehicle shall give way to the right in favor of an
overtaking vehicle and shall not increase the speed of the overtaken vehicle
until completely passed by the overtaking vehicle.
(c)
The driver of a vehicle shall not drive to the left side of the center of the
roadway in overtaking and passing a vehicle proceeding in the same direction
unless the left side is clearly visible and is free of oncoming traffic for a
sufficient distance ahead to permit the overtaking and passing to be completed
without interfering with the operation of a vehicle approaching from the
opposite direction or a vehicle overtaken.
(d)
An overtaking vehicle shall return to an authorized lane of traffic as soon as
practicable.
(2)
This section does not authorize driving on the left side of the center of the
road when prohibited under the following:
(a)
Limitations on driving on the left of the center of a roadway under ORS 811.305.
(b)
Passing in a no passing zone under ORS 811.420.
(c)
ORS 811.295, 811.300 and 811.310 to 811.325 that require driving on the right.
(3)
The offense described in this section, unsafe passing on the left, is a Class B
traffic violation. [1983 c.338 §637; 1987 c.158 §168a]
811.415 Unsafe passing on right; penalty.
(1) A person commits the offense of unsafe passing on the right if the person:
(a)
Drives a vehicle to overtake and pass upon the right of another vehicle at any
time not permitted under this section.
(b)
Drives a vehicle to overtake and pass upon the right of another vehicle at any
time by driving off the paved portion of the highway.
(2)
For purposes of this section, a person may drive a vehicle to overtake and pass
upon the right of another vehicle under any of the following circumstances:
(a)
Overtaking and passing upon the right is permitted if:
(A)
The overtaken vehicle is making or the driver has signaled an intention to make
a left turn;
(B)
The paved portion of the highway is of sufficient width to allow two or more
lanes of vehicles to proceed lawfully in the same direction as the overtaking
vehicle; and
(C)
The roadway ahead of the overtaking vehicle is unobstructed for a sufficient
distance to permit passage by the overtaking vehicle to be made in safety.
(b)
Overtaking and passing upon the right is permitted if the overtaken vehicle is
proceeding along a roadway in the left lane of two or more clearly marked lanes
allocated exclusively to vehicular traffic moving in the same direction as the
overtaking driver.
(c)
Overtaking and passing upon the right is permitted if the overtaking vehicle is
a bicycle that may safely make the passage under the existing conditions.
(3)
The offense described in this section, unsafe passing on the right, is a Class
B traffic violation. [1983 c.338 §638; 1987 c.158 §169; 2005 c.316 §1]
811.420 Passing in no passing zone;
exceptions; penalty. (1) A person commits the offense
of passing in a no passing zone if the person drives a vehicle on the left side
of a roadway in a no passing zone that has been established and designated to
prohibit such movements by appropriate signs or markings posted on the roadway.
(2)
The authority to establish and post no passing zones for purposes of this section
is established under ORS 810.120.
(3)
The provisions of this section do not apply under any of the following
circumstances:
(a)
When a driver turns left into or from an alley, intersection, private road or
driveway.
(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 that would constitute an
immediate hazard.
(4)
The offense described in this section, passing in a no passing zone, is a Class
B traffic violation. [1983 c.338 §639; 1985 c.16 §316]
811.425 Failure of slower driver to yield
to overtaking vehicle; penalty. (1) A person
commits the offense of failure of a slower driver to yield to overtaking
vehicle if the person is driving a vehicle and the person fails to move the
person’s vehicle off the main traveled portion of the highway into an area
sufficient for safe turnout when:
(a)
The driver of the overtaken vehicle is proceeding at a speed less than a speed
established in ORS 811.105 as prima facie evidence of violation of the basic
speed rule;
(b)
The driver of the overtaking vehicle is proceeding at a speed in conformity
with ORS 811.105;
(c)
The highway is a two directional, two-lane highway; and
(d)
There is no clear lane for passing available to the driver of the overtaking
vehicle.
(2)
This section does not apply to the driver of a vehicle in a funeral procession.
(3)
The offense described in this section, failure of a slower driver to yield to
overtaking vehicle, is a Class B traffic violation. [1983 c.338 §640; 1991
c.482 §16; 1995 c.383 §68; 2001 c.104 §307; 2003 c.819 §15]
(Prohibited Places)
811.430 Driving on highway divider;
exceptions; penalty. (1) A person commits the offense
of driving on a highway divider if the person drives a vehicle over, across or
within a dividing space, barrier or section that is an intervening space,
physical barrier or clearly indicated dividing section so constructed as to
impede vehicular traffic and that divides a highway into two or more roadways.
(2)
For purposes of this section, a “dividing space” includes pavement markings of
solid double yellow lines with yellow cross-hatching between the double yellow
lines.
(3)
This section does not apply when the movement of a vehicle that is otherwise
prohibited by this section is made:
(a)
At an authorized crossover or intersection; or
(b)
At the specific direction of a road authority.
(4)
The offense described in this section, driving on a highway divider, is a Class
B traffic violation. [1983 c.338 §642; 2011 c.330 §25]
811.435 Operation of motor vehicle on
bicycle trail; exemptions; penalty. (1) A person
commits the offense of operation of a motor vehicle on a bicycle trail if the
person operates a motor vehicle upon a bicycle lane or a bicycle path.
(2)
Exemptions to this section are provided under ORS 811.440.
(3)
This section is not applicable to mopeds. ORS 811.440 and 814.210 control the
operation and use of mopeds on bicycle lanes and paths.
(4)
The offense described in this section, operation of a motor vehicle on a
bicycle trail, is a Class B traffic violation. [1983 c.338 §643]
811.440 When motor vehicles may operate on
bicycle lane. This section provides exemptions from
the prohibitions under ORS 811.435 and 814.210 against operating motor vehicles
on bicycle lanes and paths. The following vehicles are not subject to ORS
811.435 and 814.210 under the circumstances described:
(1)
A person may operate a moped on a bicycle lane that is immediately adjacent to
the roadway only while the moped is being exclusively powered by human power.
(2)
A person may operate a motor vehicle upon a bicycle lane when:
(a)
Making a turn;
(b)
Entering or leaving an alley, private road or driveway; or
(c)
Required in the course of official duty.
(3)
An implement of husbandry may momentarily cross into a bicycle lane to permit
other vehicles to overtake and pass the implement of husbandry.
(4)
A person may operate a motorized wheelchair on a bicycle lane or path.
(5)
A person may operate a motor assisted scooter on a bicycle lane or path.
(6)
A person may operate an electric personal assistive mobility device on a bicycle
lane or path. [1983 c.338 §645; 1991 c.417 §1; 2001 c.749 §24; 2003 c.341 §8]
811.445 Use of throughway when prohibited;
penalty. (1) A person commits the offense of use
of a throughway when prohibited if any use restrictions or prohibitions are posted
by appropriate signs giving notice thereof and the person violates any
restriction or prohibition so posted.
(2)
The authority to impose restrictions and prohibitions for purposes of this
section is granted under ORS 810.020.
(3)
The offense described in this section, use of throughway when prohibited, is a
Class D traffic violation. [1983 c.338 §646; 1995 c.383 §69]
811.450 Violation of posted truck routes;
defense; penalty. (1) A person commits the offense
of violation of posted truck routes if appropriate signs designating truck
routes are posted and the person does not operate a vehicle in compliance with
the posted requirements.
(2)
Authority to establish and change truck routes for purposes of this section is
established in ORS 810.040.
(3)
It is a defense to a charge of violation of this section if the person so
charged can establish that the person could not reach the person’s destination
without traveling upon the street, road or highway prohibited under the posted
requirements.
(4)
The offense described in this section, violation of posted truck routes, is a
Class B traffic violation. [1983 c.338 §647; 1985 c.393 §39; 1995 c.383 §70]
(Rail Crossings)
811.455 Failure to stop for railroad
signal; penalty. (1) A person commits the offense
of failure to stop for a railroad signal if the person fails to comply with any
of the following requirements:
(a)
A person who is driving a vehicle must stop the vehicle at a clearly marked
stop line on the near side of a railroad crossing or, if there is no clearly
marked stop line, not less than 15 feet nor more than 50 feet from the nearest
rail of the crossing under any of the following circumstances:
(A)
When a clearly visible electric or mechanical signal is given by a device that
warns of the immediate approach of a railroad train.
(B)
Upon the lowering of a crossing gate.
(C)
When a signal given by a flagger or police officer indicates the approach or
passage of a railroad train.
(D)
When an approaching train is clearly visible and because of its nearness to the
crossing is an immediate hazard.
(E)
When an audible signal is given by an approaching railroad train because its
speed or nearness to the crossing is an immediate hazard.
(b)
A driver who has stopped for the passing of a train at a railroad grade
crossing in accordance with the provisions of this section shall not proceed
across the railroad tracks until the driver can do so safely.
(c)
A person shall not drive any vehicle through, around or under a crossing gate
or barrier at a railroad crossing while the gate or barrier is closed or is
being opened or closed.
(2)
The offense described in this section, failure to stop for a railroad signal,
is a Class B traffic violation. [1983 c.338 §648; 1985 c.16 §317; 1995 c.383 §71;
1997 c.249 §232; 2001 c.492 §3]
811.460 Failure to follow rail crossing
procedures for high-risk vehicles; application; penalty.
(1) A person commits the offense of failure to follow rail crossing procedures
for high-risk vehicles if the person takes any vehicle described in this
section across any railroad or rail fixed guideway
system tracks at grade without doing all of the following:
(a)
Stopping the vehicle at a clearly marked stop line or, if there is not a
clearly marked stop line, not less than 15 feet nor more than 50 feet from the
nearest rail of the railroad or rail fixed guideway
system.
(b)
While so stopped, listening and looking in both directions along the tracks for
approaching trains or rail fixed guideway system
vehicles and for signals indicating approaching trains or rail fixed guideway system vehicles.
(c)
Proceeding across the tracks after stopping only when such movement can be
performed safely in the gear of the motor vehicle that does not require
manually changing gears while proceeding.
(d)
Proceeding across the tracks without manually changing gears.
(2)
This section applies to the following vehicles when moved across railroad or
rail fixed guideway system tracks:
(a)
A school bus.
(b)
A school activity vehicle with a loaded weight of 10,000 pounds or more.
(c)
A worker transport bus.
(d)
Any bus operated for transporting children to and from church or an activity or
function authorized by a church.
(e)
Any vehicle used in the transportation of persons for hire by a nonprofit
entity as provided under ORS 825.017 (9).
(f)
A commercial bus.
(g)
A motor vehicle carrying as a cargo or part of a cargo any explosive substance,
inflammable liquids, corrosives or similar substances or any cargo that the
Department of Transportation determines to be hazardous. For purposes of this
paragraph, the department may only determine a substance to be hazardous by
rule. Any rules adopted by the department to determine hazardous substances
must be consistent with substances classified as hazardous by the United States
Secretary of Transportation.
(h)
A tank vehicle, whether loaded or empty, used for the transportation of any
hazardous material.
(3)
Exemptions to this section are provided under ORS 811.465.
(4)
The offense described in this section, failure to follow rail crossing
procedures for high-risk vehicles, is a Class B traffic violation. [1983 c.338 §649;
1985 c.16 §318; 1985 c.420 §9; 1989 c.992 §20; 1995 c.383 §72; 1995 c.733 §49;
2001 c.104 §308; 2001 c.492 §4; 2001 c.522 §5]
811.462 Failure of operator of commercial
motor vehicle to slow down and check tracks; penalty.
(1) A person commits the offense of failure of the operator of a commercial
motor vehicle to slow down and check that tracks are clear of an approaching
train if the person:
(a)
Is operating a commercial motor vehicle that is not required by ORS 811.460 to
stop before reaching a rail crossing;
(b)
Is approaching a rail crossing at grade; and
(c)
Fails to slow down and check that the tracks are clear of an approaching train
before proceeding across the railroad tracks.
(2)
The offense described in this section, failure of the operator of a commercial
motor vehicle to slow down and check that tracks are clear of an approaching
train, is a Class B traffic violation. [2001 c.492 §7]
811.465 Exemptions from high-risk vehicle
rail crossing procedures. This section establishes
exemptions from the special crossing procedures established for high-risk
vehicles under ORS 811.460. The exemptions are partial or complete as described
in the following:
(1)
The vehicles are not required to comply with the procedures at a crossing of a
street or highway and rail fixed guideway system
tracks if:
(a)
The rail fixed guideway system vehicles operate
within and parallel to the right of way of a street or highway; and
(b)
All vehicle movements are controlled by traffic control devices.
(2)
The vehicles are not required to comply with the procedures when crossing any
railway tracks upon which operation has been abandoned and for which the Department
of Transportation has plainly marked that no stop need be made.
(3)
The vehicles are not required to comply with the procedures when crossing
industry track crossings across which train operations are required by law to
be conducted under flag protection.
(4)
The vehicles are not required to comply with the procedures when crossing
industry track crossings within business districts.
(5)
Vehicles are not required to comply with the procedures when crossing any
crossing where an officer directs traffic to proceed or where an operating
traffic control signal indicates that other traffic may proceed.
(6)
Vehicles are not required to comply with the procedures when crossing any
crossing protected by crossing gates. The exemption under this subsection does
not apply to:
(a)
School buses or school activity vehicles that are required to stop at crossings
with crossing gates under ORS 811.460;
(b)
Tank vehicles, whether loaded or empty, used to transport hazardous materials;
(c)
Vehicles transporting any hazardous material requiring the vehicle to be
placarded; or
(d)
High-risk vehicles described in ORS 811.460 that are not otherwise described in
this subsection, when operating in interstate commerce.
(7)
Except when a train or rail fixed guideway system
vehicle is approaching, the driver of a commercial bus is not required to stop
at crossings where the Department of Transportation has determined and plainly
marked that no stop need be made. [1983 c.338 §650; 1985 c.420 §10; 2001 c.522 §6;
2003 c.589 §6; 2009 c.551 §2]
811.470 Improper movement of heavy
equipment across rail crossing; application; penalty.
(1) A person commits the offense of improper movement of heavy equipment across
a rail crossing if the person operates or moves any equipment described in this
section upon or across any tracks at a railroad or rail fixed guideway system grade crossing without complying with any
of the following:
(a)
Before moving across the tracks, the person must give notice of an intended
crossing to a responsible officer of the railroad or rail fixed guideway system in time for protection to be given.
(b)
Where the railroad or rail fixed guideway system has
provided a flagger, the person operating or moving such equipment shall obey
the direction of the flagger.
(c)
The person operating or moving such equipment must do all of the following:
(A)
The person must stop before making the crossing at a clearly marked line or, if
there is no clearly marked line, not less than 15 feet nor more than 50 feet
from the nearest rail.
(B)
While so stopped, the person must look and listen in both directions along the
tracks for approaching trains.
(C)
The person shall not proceed across the tracks unless the crossing can be made
safely.
(2)
This section applies to the operation of movement across railroad or rail fixed
guideway system tracks of any crawler-type tractor,
steam shovel, derrick, roller or any equipment or structure having a normal
operating speed of 10 miles per hour or less or a vertical body or load
clearance of less than one-half inch per foot of the distance between any two
adjacent axles or in any event of less than nine inches, measured above the
level surface of a roadway.
(3)
The offense described in this section, improper movement of heavy equipment across
a rail crossing, is a Class B traffic violation. [1983 c.338 §651; 1985 c.16 §319;
1995 c.383 §73; 1997 c.249 §233; 2001 c.522 §7]
811.475 Obstructing rail crossing;
penalty. (1) A person commits the offense of
obstructing a rail crossing if the person is operating a vehicle and the person
does either of the following:
(a)
Drives onto any railroad or rail fixed guideway
system grade crossing when there is not sufficient space on the other side of
the railroad or rail fixed guideway system grade crossing
to accommodate the vehicle the person is operating without obstructing the
passage of other vehicles, pedestrians, railroad trains or rail fixed guideway system vehicles; or
(b)
While driving a commercial motor vehicle, fails to negotiate the rail crossing
because of insufficient undercarriage clearance.
(2)
The offense described in this section is applicable whether or not a traffic
control device indicates to proceed.
(3)
The offense described in this section, obstructing rail crossings, is a Class B
traffic violation. [1983 c.338 §652; 1995 c.383 §74; 2001 c.492 §5; 2001 c.522 §8]
(Miscellaneous)
811.480 Illegal backing; penalty.
(1) A person commits the offense of illegal backing if the person backs a
vehicle the person is driving when it is not safe to do so or when it causes
interference with other traffic upon a highway.
(2)
The offense described in this section, illegal backing, is a Class D traffic
violation. [1983 c.338 §653; 1995 c.383 §75]
811.483 Safety corridors; penalty.
(1) The Department of Transportation shall post signs in safety corridors
chosen by the department indicating that fines for traffic offenses committed
in those safety corridors will be doubled.
(2)(a)
The presumptive fine for a person charged with an offense that is listed in
subsection (3)(a) or (b) of this section and that is committed in a safety
corridor chosen by the department under subsection (1) of this section shall be
the amount 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 safety
corridor is 20 percent of the maximum fine established for the offense.
(c)
The minimum fine for a person convicted of a felony offense that is listed in
subsection (3)(c) to (g) of this section and that is committed in a safety
corridor is two percent of the maximum fine established for the offense.
(3)
This section applies to the following offenses if committed in the designated
safety corridors:
(a)
Class A or Class B traffic 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. [1999
c.1071 §5; 1999 c.1071 §5a; 2001 c.421 §1; 2003 c.100 §3; 2007 c.124 §1; 2011
c.597 §116]
811.485 Following too closely; penalty.
(1) A person commits the offense of following too closely if the person does
any of the following:
(a)
Drives a motor vehicle so as to follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of the vehicles and the
traffic upon, and condition of, the highway.
(b)
Drives a truck, commercial bus or motor vehicle drawing another vehicle when
traveling upon a roadway outside of a business or residence district or upon a
freeway within the corporate limits of a city and follows another truck,
commercial bus or motor vehicle drawing another vehicle without, when
conditions permit, leaving sufficient space so that an overtaking vehicle may
enter and occupy the space without danger. This paragraph does not prevent a
truck, commercial bus or motor vehicle drawing another vehicle from overtaking
and passing a vehicle or combination of vehicles.
(c)
Drives a motor vehicle when traveling upon a roadway outside of a business or
residence district or upon a freeway within the corporate limits of a city in a
caravan or motorcade whether or not towing another vehicle without operating
the vehicle so as to leave sufficient space between vehicles to enable a
vehicle to enter and occupy the space without danger.
(2)
This section does not apply in the case of a funeral procession. Except for the
funeral lead vehicle, vehicles participating in a funeral procession shall
follow the preceding vehicle as closely as is reasonable and safe.
(3)
The offense described in this section, following too closely, is a Class B
traffic violation. [1983 c.338 §654; 1991 c.482 §20; 2007 c.794 §5]
811.490 Improper opening or leaving open
of vehicle door; penalty. (1) A person commits the offense
of improper opening or leaving open a vehicle door if the person does any of
the following:
(a)
Opens any door of a vehicle unless and until it is reasonably safe to do so and
it can be done without interference with the movement of traffic, or with
pedestrians and bicycles on sidewalks or shoulders.
(b)
Leaves a door open on the side of a vehicle available to traffic, or to
pedestrians or bicycles on sidewalks or shoulders for a period of time longer
than necessary to load or unload passengers.
(2)
The offense described in this section, improper opening or leaving open a
vehicle door, is a Class D traffic violation. [1983 c.338 §655; 1985 c.16 §320]
811.492 Engine braking; penalty;
exception. (1) A person commits the offense of
engine braking if the person is operating a motor vehicle on a highway and uses
an unmuffled engine brake.
(2)
The offense described in this section, engine braking, is a Class A traffic
violation.
(3)
A person is not in violation of this section if the person uses an unmuffled engine brake in an emergency situation to avoid
imminent danger to a person or to property. [1993 c.314 §7]
811.495 Unlawful coasting on downgrade;
exception; penalty. (1) A person commits the offense
of unlawful coasting on a downgrade if the person is the driver of a vehicle on
a downgrade and the person coasts with the gears or transmission of the motor
vehicle in neutral or with the clutch disengaged.
(2)
This section does not apply to the driver of a motorized bicycle.
(3)
The offense described in this section, unlawful coasting on a downgrade, is a
Class D traffic violation. [1983 c.338 §656; 1985 c.16 §321; 1995 c.383 §76]
811.500 Unlawful stop or deceleration;
penalty. (1) A person commits the offense of
unlawful stop or deceleration if the person is operating a vehicle and the
person stops or suddenly decreases the speed of the vehicle without first
giving an appropriate signal to the driver immediately to the rear when there
is opportunity to give the signal.
(2)
Appropriate signals for the purpose of this section are as designated under ORS
811.395 and 811.400.
(3)
The offense described in this section, unlawful stop or deceleration, is a
Class B traffic violation. [1983 c.338 §657; 1995 c.383 §77]
811.505 Failure to stop when emerging from
alley, driveway or building; penalty. (1) A person
commits the offense of failure to stop when emerging from an alley, driveway or
building if the person is operating a vehicle that is emerging from an alley,
building, private road or driveway in a business or residence district and the
person does not stop the vehicle as follows:
(a)
If there is a sidewalk or sidewalk area, the person must stop the vehicle
before driving onto the sidewalk or sidewalk area.
(b)
If there is no sidewalk or sidewalk area, the person must stop at the point
nearest the roadway to be entered where the driver has a view of approaching
traffic.
(2)
The offense described in this section, failure to stop when emerging from an
alley, driveway or building, is a Class B traffic violation. [1983 c.338 §658;
1985 c.16 §322; 1995 c.383 §78]
811.507 Operating motor vehicle while
using mobile communication device; exceptions; penalty.
(1) As used in this section:
(a)
“Hands-free accessory” means an attachment or built-in feature for or an
addition to a mobile communication device, whether or not permanently installed
in a motor vehicle, that when used allows a person to maintain both hands on
the steering wheel.
(b)
“Mobile communication device” means a text messaging device or a wireless,
two-way communication device designed to receive and transmit voice or text
communication.
(2)
A person commits the offense of operating a motor vehicle while using a mobile
communication device if the person, while operating a motor vehicle on a
highway, uses a mobile communication device.
(3)
This section does not apply to a person who activates or deactivates a mobile
communication device or a function of the device or who uses the device for
voice communication if the person:
(a)
Is summoning medical or other emergency help if no other person in the vehicle
is capable of summoning help;
(b)
Is using a mobile communication device for the purpose of farming or
agricultural operations;
(c)
Is operating an ambulance or emergency vehicle;
(d)
Is 18 years of age or older and is using a hands-free accessory;
(e)
Is operating a motor vehicle while providing public safety services or emergency
services;
(f)
Is operating a motor vehicle while acting in the scope of the person’s
employment as a public safety officer, as defined in ORS 348.270;
(g)
Is operating a tow vehicle or roadside assistance vehicle while acting in the
scope of the person’s employment;
(h)
Holds a valid amateur radio operator license issued or any other license issued
by the Federal Communications Commission and is operating an amateur radio;
(i) Is operating a two-way radio device that transmits radio
communication transmitted by a station operating on an authorized frequency
within the citizens’ or family radio service bands in accordance with rules of
the Federal Communications Commission;
(j)
Is operating a vehicle owned or contracted by a utility for the purpose of
installing, repairing, maintaining, operating or upgrading utility service,
including but not limited to natural gas, electricity, water or
telecommunications, while acting in the scope of the person’s employment; or
(k)
Is using a function of the mobile communication device that allows for only
one-way voice communication while the person is:
(A)
Operating a motor vehicle in the scope of the person’s employment;
(B)
Providing transit services; or
(C)
Participating in public safety or emergency service activities.
(4)
The offense described in this section, operating a motor vehicle while using a
mobile communication device, is a Class D traffic violation. [2007 c.870 §2;
2009 c.834 §1; 2011 c.530 §1]
Note:
811.507 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.
811.510 Dangerous operation around
livestock; penalty. (1) A person commits the offense
of dangerous operation around livestock if the person is operating a vehicle
upon a highway and the person fails to do any of the following:
(a)
A driver shall use caution when approaching or passing a person riding, leading
or herding livestock on the highway.
(b)
If a person riding or leading livestock upon a highway gives a distress signal
to an approaching driver by raising a hand, the driver must promptly stop the
driver’s vehicle, unless movement forward is necessary to avoid an accident,
and, if requested, shall turn off the engine until the livestock is under
control.
(c)
A driver shall yield the right of way to livestock being driven on a highway.
(2)
This section is only applicable if the livestock is an animal of the species of
horses, mules, donkeys, cattle, swine, sheep or goats.
(3)
The offense described in this section, dangerous operation around livestock, is
a Class B traffic violation. [1983 c.338 §666]
811.512 Unlawfully operating low-speed vehicle
on highway; penalty. (1) A person commits the offense
of unlawfully operating a low-speed vehicle on a highway if the person operates
a low-speed vehicle on a highway that has a speed limit or posted speed of more
than 35 miles per hour.
(2)
Notwithstanding subsection (1) of this section, a city or county may adopt an
ordinance allowing operation of low-speed vehicles on city streets or county
roads that have speed limits or posted speeds of more than 35 miles per hour.
(3)
The offense described in this section, unlawfully operating a low-speed vehicle
on a highway, is a Class B traffic violation. [2001 c.293 §8]
811.513 Unlawfully operating medium-speed
electric vehicle on highway; penalty. (1) A person
commits the offense of unlawfully operating a medium-speed electric vehicle on a
highway if the person operates a medium-speed electric vehicle on a highway
with a posted speed limit that is greater than 45 miles per hour.
(2)
Notwithstanding subsection (1) of this section, a city or county may adopt an
ordinance allowing operation of medium-speed electric vehicles on city streets
or county roads that have speed limits or posted speeds of more than 45 miles
per hour.
(3)
The offense described in this section, unlawfully operating a medium-speed
electric vehicle on a highway, is a Class B traffic violation. [2009 c.865 §13]
Note:
811.513 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.
811.514 Unlawfully operating racing
activity vehicle on highway; penalty. (1) A person
commits the offense of unlawfully operating a racing activity vehicle on a
highway if the person operates a racing activity vehicle on a highway that has
a speed limit or posted speed that is greater than 55 miles per hour.
(2)
The offense described in this section, unlawfully operating a racing activity
vehicle on a highway, is a Class B traffic violation. [2007 c.693 §3c]
Note:
811.514 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.
USE OF LIGHTS AND WARNINGS
(Lights)
811.515 When lights must be displayed; kind
of light; number; direction; use on certain vehicles.
This section establishes requirements for ORS 811.520. Except where an
exemption under ORS 811.525 specifically provides otherwise, a vehicle that
does not comply with this section is in violation of ORS 811.520. Where
specific types of lighting equipment are mentioned in this section, those types
are types described in ORS 816.040 to 816.290. The requirements under this
section are as follows:
(1)
Subject to any other provision of this section, any lighting equipment a
vehicle is required to be equipped with under ORS 816.040 to 816.290 must be
displayed when the vehicle is upon a highway within this state at any time
limited visibility conditions exist. The provisions of this subsection apply during
the times stated when the required visibility is measured on a straight, level
unlighted highway.
(2)
Parking lights and lights other than clearance, identification and marker
lights that are mounted on the front of a vehicle and are designed to be displayed
primarily when the vehicle is parked shall not be lighted when a vehicle is
driven upon a highway at times when limited visibility conditions exist except
when:
(a)
The lights are being used as turn signals; or
(b)
The headlights are also lighted at the same time.
(3)
Any vehicle parked or stopped upon a roadway or shoulder adjacent thereto,
whether attended or unattended, during times when limited visibility conditions
exist must display parking lights.
(4)
All vehicles not specifically required by ORS 816.320 to be equipped with
lighting equipment shall at times when limited visibility conditions exist
display exempt-vehicle safety lighting equipment. This section includes, but is
not limited to, animal drawn vehicles and vehicles exempted from required
lighting equipment under ORS 816.340.
(5)
Tow vehicle warning lights on tow vehicles shall be activated when the tow
vehicles are engaged in connecting with other vehicles and drawing such
vehicles onto highways or while servicing disabled vehicles.
(6)
When limited visibility conditions exist a person shall use a distribution of
light or composite beam that is directed sufficiently high and that is of such
intensity so as to reveal persons and vehicles on the highway at a safe
distance in advance of the vehicle. A person violates this subsection if the
person does not comply with the following:
(a)
Whenever the driver of a vehicle approaches an oncoming vehicle within 500
feet, the driver must use a distribution of light or composite beam so aimed
that the glaring rays are not projected into the eyes of the oncoming driver.
The use of the low beams of the vehicle headlight system is in compliance with
this paragraph at all times regardless of road contour and loading of the
vehicle.
(b)
Except when in the act of overtaking or passing, a driver of a vehicle
following another vehicle within 350 feet to the rear must use the low beams of
the vehicle headlight system.
(7)
When a vehicle is upon a highway a person shall light not more than a total of
four lights at any one time that are mounted on the front of a vehicle and that
each projects a beam of intensity greater than 300 candlepower.
(8)(a)
A light, other than a headlight, that projects a beam of light of an intensity
greater than 300 candlepower shall not be operated on a vehicle:
(A)
Unless the beam is so directed that no part of the high intensity portion of
the beam will strike the level of the roadway on which the vehicle stands at a
distance of more than 75 feet from the vehicle; or
(B)
Except as provided in paragraph (b) of this subsection, when use of the low
beams of the vehicle headlight system is required under subsection (6) of this
section.
(b)
Notwithstanding paragraph (a)(B) of this subsection, a light, other than a
headlight, may be lighted on a motorcycle provided that the intensity of the
light does not exceed the intensity of the low beams of the headlight system. A
motorcycle may not be operated with more than two lights, other than
headlights, under this paragraph.
(9)
A spotlight shall not be lighted upon approaching another vehicle unless the
spotlight is so aimed and used so that no part of the high-intensity portion of
the beam will be directed to the left of the prolongation of the extreme left
side of the vehicle upon which it is mounted, more than 100 feet ahead of the
vehicle.
(10)
Auxiliary lights mounted higher than 54 inches shall not be lighted when the
vehicle is used on a highway.
(11)
A back-up light shall not be lighted when the vehicle is in forward motion.
(12)
Bus safety lights shall only be operated in accordance with the following:
(a)
The lights may be operated when the vehicle is stopping or has stopped for the
purpose of loading or unloading students who are going to or from any school or
authorized school activity or function.
(b)
The lights may be operated when the vehicle is stopping or has stopped for the
purpose of loading or unloading workers from worker transport buses.
(c)
The lights may be operated when the vehicle is stopping or has stopped for the
purpose of loading or unloading children being transported to or from religious
services or an activity or function authorized by a religious organization.
(d)
The lights may be operated when the vehicle is stopping or has stopped in a
place that obstructs other drivers’ ability to see the bus safety lights on
another vehicle.
(e)
Notwithstanding any other paragraph of this subsection, the lights shall not be
operated if the vehicle is stopping or has stopped at an intersection where
traffic is controlled by electrical traffic control signals, other than
flashing signals, or by a police officer.
(f)
Notwithstanding any other paragraph of this subsection, the lights shall not be
operated if the vehicle is stopping or has stopped at a loading or unloading
area where the vehicle is completely off the roadway.
(13)(a)
Hazard lights shall be used for the purpose of warning the operators of other
vehicles of the presence of a vehicular traffic hazard requiring the exercise
of unusual care in approaching, overtaking or passing.
(b)
Hazard lights shall be used by the first and last vehicles in a funeral
procession.
(14)
Mail delivery lights may be used only while in active service transporting
United States mail for the purpose of warning other vehicle operators of the
vehicle’s presence and to exercise caution in approaching, overtaking or
passing. A vehicle with mail delivery lights is in compliance with this
subsection if the lights are flashed continuously while the vehicle is in
motion in active service transporting mail or if the lights are actuated by
application of the service brake while the vehicle is parked.
(15)
A pilot vehicle warning light may be activated only when the vehicle equipped
with the light is an escort accompanying a motor vehicle carrying or towing a
load of a size or description not permitted under ORS 818.020, 818.060, 818.090
or 818.160.
(16)
Fire company warning lights authorized under a permit granted under ORS 818.250
may be used by the persons authorized under the permit while being driven to a
fire station or fire location in response to a fire alarm. Fire company warning
lights authorized under ORS 811.800 may be used by funeral escort vehicle or
funeral lead vehicle drivers while driving in a funeral procession. The lights
shall be covered or otherwise concealed when not being displayed as provided in
this subsection.
(17)
Any lighted headlights upon a parked vehicle shall be dimmed.
(18)
Commercial vehicle warning lights may be used only:
(a)
To warn operators of other vehicles of the presence of a traffic hazard
requiring the exercise of unusual care in approaching, overtaking or passing
the commercial vehicle; and
(b)
When the commercial vehicle is being used for commercial purposes and the
vehicle is:
(A)
Stopped, parked or left standing at a commercial or work site; or
(B)
In a highway work zone as defined in ORS 811.230. [1983 c.338 §660; 1985 c.71 §7;
1989 c.402 §1; 1991 c.482 §19; 2003 c.118 §2; 2003 c.245 §1]
811.520 Unlawful use or failure to use lights;
penalty. (1) A person commits the offense of
unlawful use or failure to use lights if the person does any of the following:
(a)
Drives or moves on any highway any vehicle at a time when vehicle lighting is
required to be operated or is prohibited from being operated under ORS 811.515
and operates or fails to operate lighting equipment as required under ORS
811.515.
(b)
Owns a vehicle or combination of vehicles and causes or knowingly permits the
vehicle or combination of vehicles to be driven or moved on any highway at a
time when ORS 811.515 requires or prohibits the operation of vehicle lighting
equipment without compliance with the requirements under ORS 811.515.
(c)
Drives any vehicle in a funeral procession without using the low beam
headlights.
(2)
The application of this section is subject to the exemptions from this section
established under ORS 811.525.
(3)
The offense described in this section, unlawful use of or failure to use
lights, is a Class B traffic violation, except that violation of ORS 811.515
(3), (4), (13) or (17) or subsection (1)(c) of this section is a Class D
traffic violation. [1983 c.338 §659; 1985 c.16 §323; 1991 c.482 §21; 1995 c.383
§21]
811.525 Exemptions from requirements for
use of lights. This section establishes exemptions
from ORS 811.515 and 811.520. The exemptions under this section are in addition
to any exemptions under ORS 801.026. The exemptions established under this
section are partial or complete as described in the following:
(1)
ORS 811.515 and 811.520 shall not be construed to prohibit the use of
additional parts and accessories on any vehicle not inconsistent with the
provisions of those sections.
(2)
Except for the provisions relating to exempt-vehicle safety lighting equipment,
ORS 811.515 and 811.520 do not apply to any of the following:
(a)
Road machinery.
(b)
Road rollers.
(c)
Farm tractors.
(d)
Antique motor vehicles that are maintained as a collector’s item and used for
exhibitions, parades, club activities and similar uses, but not used primarily
for the transportation of persons or property.
(3)
Whenever motor and other vehicles are operated in combination during the time
that lights are required, any lighting equipment, except the taillight, which
by reason of its location on a vehicle of the combination would be obscured by
another vehicle of the combination, need not be lighted. This subsection shall
not affect the requirement that lighted clearance lights be displayed on the
front of the foremost vehicle required to have clearance lights nor the
requirement that all lights on the rear of the rearmost vehicle of the
combination be lighted.
(4)
Lighting equipment on bicycles shall be lighted as required under ORS 815.280.
(5)
Parked or stopped vehicles are not required to display parking lights if the
road authority for the highway provides by ordinance or resolution that no
lights need be displayed upon a vehicle parked on the highway in accordance
with legal parking regulations where there is sufficient light to render
clearly discernible any person or object within a distance of 500 feet from the
highway.
(6)
Nothing under ORS 811.515 and 811.520 limits the ability to use the following
lights with any other lights during the day or at night:
(a)
Public vehicle warning lights.
(b)
Pilot vehicle warning lights.
(c)
Tow vehicle warning lights.
(d)
Police lights.
(e)
Warning lights on vehicles at the scene of an actual or potential release of
hazardous materials, as described in ORS 816.280.
(f)
Warning lights on vehicles being used by medical examiners to reach the scene
of an accident or of a death investigation, as described in ORS 816.280.
(g)
Commercial vehicle warning lights.
(7)
Requirements for use of motorcycle and moped headlights are under ORS 814.320.
(8)
Requirements for lighting equipment for an electric personal assistive mobility
device are under ORS 815.284. [1983 c.338 §661; 1985 c.16 §324; 1985 c.71 §8;
1999 c.497 §2; 2003 c.245 §2; 2003 c.341 §9]
811.526 Safety campaign for use of
headlights. The Department of Transportation shall
conduct a safety campaign to educate people about the advantages of using
headlights in fog or rain or when driving on a single lane highway. The
campaign shall include, but need not be limited to, encouraging people to drive
with headlights on under the specified conditions. [1997 c.464 §1]
Note:
811.526 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.
(Flares)
811.530 Failure to post warnings for
disabled vehicle; application; penalty. (1) A person
commits the offense of failure to post warnings for a disabled vehicle if the
person is the driver, or other person in charge of a vehicle subject to this
section, and the person does not cause the placement of such roadside vehicle
warning devices as the Department of Transportation may require under ORS
815.035 when the vehicle is disabled during limited visibility conditions and
cannot immediately be removed from the main traveled portion of a highway
outside of a business district or residence district.
(2)
This section applies only to the following vehicles:
(a)
School buses.
(b)
School activity vehicles.
(c)
Worker transport buses.
(d)
Vehicles used in transportation of persons for hire by a nonprofit entity as
provided in ORS 825.017 (9).
(e)
A bus being operated for transporting children to and from religious services
or an activity or function authorized by the religious organization.
(f)
Commercial buses.
(g)
Motor trucks with a registration weight in excess of 8,000 pounds.
(h)
Trailers with a registration weight in excess of 8,000 pounds.
(3)
Requirements to be equipped with roadside vehicle warning devices are contained
in ORS 815.285.
(4)
The offense described in this section, failure to post warnings for a disabled
vehicle, is a Class B traffic violation. [1983 c.338 §662; 1985 c.16 §325; 1985
c.420 §11; 1989 c.992 §21]
OBEYING POLICE
811.535 Failing to obey police officer;
penalty. (1) A person commits the offense of
failing to obey a police officer if the person refuses or fails to comply with
any lawful order, signal or direction of a police officer who:
(a)
Is displaying the police officer’s star or badge; and
(b)
Has lawful authority to direct, control or regulate traffic.
(2)
The offense described in this section, failing to obey a police officer, is a
Class B traffic violation. [1983 c.338 §663; 1995 c.383 §79]
811.540 Fleeing or attempting to elude police
officer; penalty. (1) A person commits the crime
of fleeing or attempting to elude a police officer if:
(a)
The person is operating a motor vehicle; and
(b)
A police officer who is in uniform and prominently displaying the police
officer’s badge of office or operating a vehicle appropriately marked showing
it to be an official police vehicle gives a visual or audible signal to bring
the vehicle to a stop, including any signal by hand, voice, emergency light or
siren, and either:
(A)
The person, while still in the vehicle, knowingly flees or attempts to elude a
pursuing police officer; or
(B)
The person gets out of the vehicle and knowingly flees or attempts to elude the
police officer.
(2)
It is an affirmative defense to a prosecution of a person under this section
that, after a police officer operating a vehicle not marked as an official
police vehicle signaled the person to bring the person’s vehicle to a stop, the
person proceeded lawfully to an area the person reasonably believed was
necessary to reach before stopping.
(3)
The offense described in this section, fleeing or attempting to elude a police
officer, is applicable upon any premises open to the public and:
(a)
Is a Class C felony if committed as described in subsection (1)(b)(A) of this
section; or
(b)
Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of
this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]
PARKING, STOPPING AND STANDING
(Generally)
811.550 Places where stopping, standing
and parking prohibited. This section establishes places
where stopping, standing and parking a vehicle are prohibited for purposes of
the penalties under ORS 811.555. Except as provided under an exemption in ORS
811.560, a person is in violation of ORS 811.555 if a person parks, stops or
leaves standing a vehicle in any of the following places:
(1)
Upon a roadway outside a business district or residence district, whether
attended or unattended, when it is practicable to stop, park or leave the
vehicle standing off the roadway. Exemptions under ORS 811.560 (1), (7) and (9)
are applicable to this subsection.
(2)
On a shoulder, whether attended or unattended, unless a clear and unobstructed
width of the roadway opposite the standing vehicle is left for the passage of
other vehicles and the standing vehicle is visible from a distance of 200 feet
in each direction upon the roadway or the person, at least 200 feet in each
direction upon the roadway, warns approaching motorists of the standing vehicle
by use of flaggers, flags, signs or other signals. Exemptions under ORS 811.560
(9) are applicable to this subsection.
(3)
On the roadway side of a vehicle stopped or parked at the edge or curb of a
highway. Exemptions under ORS 811.560 (7) are applicable to this subsection.
(4)
On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
(5)
Within an intersection. Exemptions under ORS 811.560 (4) to (7) are applicable
to this subsection.
(6)
On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
(7)
Between a safety zone and the adjacent curb or within 30 feet of points on the
curb immediately opposite the ends of a safety zone, unless a different length
is indicated by signs and markings. For purposes of this subsection the safety
zone must be an 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. Exemptions under ORS 811.560 (4) to (7) are applicable
to this subsection.
(8)
Alongside or opposite a street excavation or obstruction when stopping,
standing or parking would obstruct traffic. Exemptions under ORS 811.560 (4) to
(7) are applicable to this subsection.
(9)
Upon a bridge or other elevated structure upon a highway. Exemptions under ORS
811.560 (4) to (8) are applicable to this subsection.
(10)
Within a highway tunnel. Exemptions under ORS 811.560 (4) to (7) are applicable
to this subsection.
(11)
On any railroad or rail fixed guideway system tracks
or within seven and one-half feet of the nearest rail at a time when the
parking of vehicles would conflict with operations or repair of the tracks.
Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.
(12)
On a throughway. Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
(13)
In the area between roadways of a divided highway, including crossovers.
Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.
(14)
At any place where traffic control devices prohibit stopping. Exemptions under
ORS 811.560 (4) to (7) are applicable to this subsection.
(15)
In front of a public or private driveway. Exemptions under ORS 811.560 (2) and
(4) to (7) are applicable to this subsection.
(16)
Within 10 feet of a fire hydrant. Exemptions under ORS 811.560 (2) and (4) to
(7) are applicable to this subsection.
(17)
Within 20 feet of a crosswalk at an intersection. Exemptions under ORS 811.560
(2) and (4) to (7) are applicable to this subsection.
(18)
Within 50 feet upon the approach to an official flashing signal, stop sign,
yield sign or traffic control device located at the side of the roadway if the
standing or parking of a vehicle will obstruct the view of any traffic control
device located at the side of the roadway. Exemptions under ORS 811.560 (2) and
(4) to (7) are applicable to this subsection.
(19)
Within 15 feet of the driveway entrance to a fire station and on the side of a
street opposite the entrance to a fire station, within 75 feet of the entrance.
Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this
subsection.
(20)
At any place where traffic control devices prohibit standing. Exemptions under
ORS 811.560 (2) and (4) to (7) are applicable to this subsection.
(21)
Within 50 feet of the nearest rail of a railroad or rail fixed guideway system crossing. Exemptions under ORS 811.560 (3)
to (7) are applicable to this subsection.
(22)
At any place where traffic control devices prohibit parking. Exemptions under
ORS 811.560 (3) to (7) are applicable to this subsection.
(23)
On a bicycle lane. Exemptions under ORS 811.560 are applicable to this
subsection.
(24)
On a bicycle path. Exemptions under ORS 811.560 are applicable to this
subsection. [1983 c.338 §669; 1985 c.21 §1; 1985 c.334 §1; 1989 c.433 §2; 1997
c.249 §234; 2001 c.522 §9]
811.555 Illegal stopping, standing or
parking; affirmative defense; penalty. (1) A person
commits the offense of illegal stopping, standing or parking if:
(a)
The person stops, parks or leaves standing a vehicle in a place where such
stopping, parking or standing is prohibited under ORS 811.550; or
(b)
The person is the owner of an unattended vehicle parked in a place where such
parking is prohibited under ORS 811.550.
(2)
Exemptions from this section are established under ORS 811.560.
(3)
A police officer, under authority granted by ORS 810.430, may move or require
to be moved a vehicle that is stopped, parked or left standing in violation of
this section.
(4)
It is an affirmative defense to a prosecution of the owner of a vehicle under
subsection (1)(b) of this section that the use of the vehicle was not
authorized by the owner, either expressly or by implication.
(5)
The offense described by this section, illegal stopping, standing or parking,
is a Class D traffic violation. [1983 c.338 §668; 1987 c.687 §4]
811.560 Exemptions from prohibitions on
stopping, standing or parking. This section
provides exemptions from ORS 811.550 and 811.555. The following exemptions are
applicable as provided under ORS 811.550:
(1)
When applicable, this subsection exempts school buses or worker transport buses
stopped on a roadway to load or unload workers or children, providing that the
flashing school bus safety lights on the bus are operating.
(2)
When applicable, this subsection exempts vehicles stopped, standing or parked
momentarily to pick up or discharge a passenger.
(3)
When applicable, this subsection exempts vehicles stopped, standing or parked
momentarily for the purpose of and while actually engaged in loading or
unloading property or passengers.
(4)
When applicable, this subsection exempts vehicles owned or operated by the state,
a county or city when stopping, standing or parking is necessary to perform
maintenance or repair work on the roadway.
(5)
When applicable, this subsection exempts vehicles from the prohibitions and
penalties when the driver’s disregard of the prohibitions is necessary to avoid
conflict with other traffic.
(6)
When applicable, this subsection exempts vehicles acting in compliance with law
or at the direction of a police officer or a traffic control device.
(7)
When applicable, this subsection exempts the driver of a vehicle that is
disabled in such manner and to such extent that the driver cannot avoid
stopping or temporarily leaving the disabled vehicle in a prohibited position.
(8)
When applicable, this subsection exempts vehicles owned or operated by the
State Department of Fish and Wildlife when stopping, standing or parking is
necessary to enable employees to release fish.
(9)
When applicable, this subsection exempts vehicles momentarily stopped to allow
oncoming traffic to pass before making a right-hand or left-hand turn or
momentarily stopped in preparation for or while negotiating an exit from the
road. [1983 c.338 §670; 1985 c.334 §2; 1989 c.433 §3]
811.565 Dangerous movement of stopped,
standing or parked vehicle; penalty. (1) A person
commits the offense of dangerous movement of a stopped, standing or parked
vehicle if the person moves a vehicle so stopped, standing or parked when the
movement cannot be made with reasonable safety.
(2)
The offense described in this section, dangerous movement of a stopped,
standing or parked vehicle, is a Class B traffic violation. [1983 c.338 §675;
1995 c.383 §80]
811.570 Improperly positioning parallel
parked vehicle; exception; affirmative defense; penalty.
(1) A person commits the offense of improperly positioning a parallel parked
vehicle if:
(a)
The person stops or parks a vehicle on a highway where parallel parking is
permitted and the vehicle is not parked in accordance with the following:
(A)
Upon a two-way highway, the vehicle shall be positioned so that the right-hand
wheels are parallel to and within 12 inches of the right curb or, if none, as
close as possible to the right edge of the right shoulder.
(B)
On a one-way highway where parallel parking is permitted on either side, a
vehicle parked or stopped on the right side shall be positioned in accordance
with the requirements of subparagraph (A) of this paragraph and a vehicle
parked or stopped on the left side shall be positioned so that the left-hand
wheels are parallel to and within 12 inches of the left curb or, if none, as
close as possible to the left edge of the left shoulder.
(C)
Where marked parking spaces are provided, a vehicle shall be positioned so that
it faces in the direction in which vehicles in the adjacent lane of the roadway
are required to travel and so that the wheels are within the parking space
markings which are parallel to the curb or, if none, to the edge of the
shoulder; or
(b)
The person is the owner of an unattended vehicle parked on a highway in
violation of paragraph (a) of this subsection.
(2)
The provisions of this section do not apply to the driver of a vehicle that is
disabled in such manner and to such extent that the driver cannot avoid
stopping or temporarily leaving the disabled vehicle in a position prohibited
by this section.
(3)
A police officer, under authority granted by ORS 810.430, may move or require
to be moved a vehicle that is parked in violation of this section.
(4)
It is an affirmative defense to a prosecution of the owner of a vehicle under
subsection (1)(b) of this section that the use of the vehicle was not
authorized by the owner, either expressly or by implication.
(5)
The offense described in this section, improperly positioning a parallel parked
vehicle, is a Class D traffic violation. [1983 c.338 §671; 1987 c.687 §5]
811.575 Violation of posted parking
restrictions on state highways; affirmative defense; penalty.
(1) A person commits the offense of violation of posted parking restrictions on
state highways if appropriate signs or markings are posted giving notice of any
regulations, restrictions or prohibitions on the parking, stopping or standing
of vehicles on a state highway and:
(a)
The person parks, stops or stands a vehicle on a state highway in violation of
any such regulations, restrictions or prohibitions; or
(b)
The person is the owner of an unattended vehicle parked on a state highway in
violation of any such regulations, restrictions or prohibitions.
(2)
Authority to impose restrictions, regulations and prohibitions on parking,
stopping or standing of vehicles on state highways is established under ORS
810.160.
(3)
It is an affirmative defense to a prosecution of the owner of a vehicle under
subsection (1)(b) of this section that the use of the vehicle was not authorized
by the owner, either expressly or by implication.
(4)
The offense described in this section, violation of posted parking restrictions
on state highways, is a Class D traffic violation. [1983 c.338 §672; 1987 c.687
§6]
811.580 Parking vehicle on state highway
for vending purposes; penalty. (1) A driver
commits the offense of unlawful parking for vending purposes if the person
parks or leaves standing a vehicle on a right of way of a state highway for the
purpose of advertising, selling or offering merchandise for sale except
pursuant to written agreement with the Department of Transportation.
(2)
The offense described in this section, unlawful parking for vending purposes is
a Class D traffic violation. [1983 c.338 §674]
811.585 Failure to secure motor vehicle;
affirmative defense; penalty. (1) A person
commits the offense of failure to secure a motor vehicle if the person is
driving or is in charge of a motor vehicle and:
(a)
The person permits the vehicle to stand unattended on a highway without first
doing all of the following:
(A)
Stopping the engine.
(B)
Turning the front wheels to the curb or side of the highway when standing upon
any grade.
(C)
Locking the ignition.
(D)
Removing the key from the ignition.
(E)
Effectively setting the brake on the vehicle; or
(b)
The person is the owner of an unattended motor vehicle parked on a highway in
violation of paragraph (a) of this subsection.
(2)
It is an affirmative defense to a prosecution of the owner of a vehicle under
subsection (1)(b) of this section that the use of the vehicle was not
authorized by the owner, either expressly or by implication.
(3)
The offense described in this section, failure to secure a motor vehicle, is a
Class D traffic violation. [1983 c.338 §676; 1985 c.16 §326; 1987 c.687 §7;
1995 c.383 §81]
(Winter Recreation Parking Areas)
811.590 Unlawful parking in winter
recreation parking area; exemptions; penalty. (1) A
person commits the offense of unlawful parking in a winter recreation parking
area if the person parks a vehicle in a location designated as a winter
recreation parking area under ORS 810.170 at any time from November 1 of any
year to April 30 of the next year and the vehicle is not displaying a winter
recreation parking permit issued under ORS 811.595.
(2)
Unless the police officer issuing the citation witnesses the parking of the
vehicle, a rebuttable presumption exists that a vehicle parked in violation of
this section was parked by the registered owner of the vehicle. If the parking
of the vehicle is witnessed by the police officer, the operator of the vehicle
is in violation of this section.
(3)
In addition to those vehicles displaying a winter recreation parking permit,
the following vehicles are not subject to the prohibition or penalty under this
section:
(a)
A vehicle owned and operated by the United States, another state or a political
subdivision thereof.
(b)
A vehicle owned and operated by this state or by any city, district or
political subdivision thereof.
(c)
A vehicle owned by a resident of another state if the vehicle displays a winter
area parking permit issued in accordance with the laws of the state in which
the owner of the vehicle resides and that is similar to the winter recreation
parking permit issued under ORS 811.595. The exemption under this paragraph is
only granted to the extent that a similar exemption or privilege is granted
under the laws of the other state for vehicles displaying a winter recreation
parking permit issued under ORS 811.595.
(4)
The offense described in this section, unlawful parking in a winter recreation
parking area, is a specific fine traffic violation. The presumptive fine for
unlawful parking in a winter recreation parking area is $30. [1983 c.338 §678;
1999 c.1010 §1; 2007 c.810 §6; 2011 c.597 §98]
811.595 Winter recreation parking permit;
rules; fees. A winter recreation parking permit is a
vehicle permit that is issued as evidence of a grant of authority to park a
vehicle in a winter recreation parking location established under ORS 810.170
without violation of ORS 811.590. The Department of Transportation shall
establish a program for the issuance of winter recreation parking permits under
this section. The program established by the department shall comply with all
of the following:
(1)
The department shall adopt rules necessary for the issuance and administration
of winter recreation parking permits. The rules shall be adopted under ORS
chapter 183.
(2)
The department shall include all of the following in the rules adopted under
this section:
(a)
The type of permit.
(b)
The manner in which the permit is to be issued.
(c)
The manner of displaying the permit on a vehicle.
(d)
Procedures for issuance of permits by persons appointed by the department.
(3)
Vehicle permits issued under this section shall be transferable from vehicle to
vehicle.
(4)
The fees for issuance of winter recreation parking permits are as provided
under ORS 811.600. [1983 c.338 §679; 1985 c.16 §327]
811.600 Fees for winter recreation parking
permits. The Oregon Transportation Commission
shall set the fees for issuance of a winter recreation parking permit issued
under ORS 811.595 by rule. The commission shall consider recommendations of the
Winter Recreation Advisory Committee in setting the fees under this section.
The fees established for issuance of winter recreation parking permits shall be
designed to cover the costs of enforcing the requirement for winter recreation
parking permits and of removing snow from winter recreation parking locations
designated under ORS 810.170, but may not exceed the following:
(1)
For winter recreation parking permits valid for a period of one day, $5.
(2)
For winter recreation parking permits valid for a period of three consecutive
days, $10.
(3)
For winter recreation parking permits valid for a period of one year beginning
each November, $30. [1983 c.338 §684(1); 1985 c.16 §329(1); 1985 c.139 §5(1);
1993 c.245 §1; 1997 c.583 §7; 1999 c.1010 §2]
(Parking for Persons With Disabilities)
811.602 Disabled person parking permit;
content; rules. (1) A disabled person parking
permit is a means of identifying vehicles being used to exercise the parking
privileges described in ORS 811.635. The following are disabled person parking
permits:
(a)
A special decal described in ORS 811.605 issued by the Department of
Transportation to be affixed to a golf cart or substantially similar vehicle;
(b)
An individual placard described in ORS 811.605;
(c)
A program placard issued by the department under ORS 811.607;
(d)
A family placard issued by the department under ORS 811.609;
(e)
A foreign visitor placard issued by the department under ORS 811.611; and
(f)
A “Wheelchair User” placard or decal issued by the department under ORS
811.613.
(2)
The department shall issue a disabled person parking permit in the form of a
decal or individual placard to any person who submits an application that
complies with ORS 811.604. Nothing in this section prohibits the department
from issuing a decal or individual placard to a person who has disabled veteran
registration plates issued under ORS 805.100 and who qualifies for the decal or
placard.
(3)
Except as otherwise provided in this subsection, the department may not issue
more than one individual placard to an applicant. The department may issue a
replacement placard upon receipt of proof satisfactory to the department that
the original placard has been lost, mutilated or destroyed. The department may
issue a temporary duplicate permit to a person who needs a duplicate permit for
travel purposes. A temporary duplicate permit shall be valid for 30 days. The
department shall adopt rules governing application for and issuance of
temporary duplicate permits. Nothing in this subsection prohibits issuance of
an individual placard to a person who has been issued a decal.
(4)
Permits issued under this section, other than temporary duplicate permits, may
be renewed by mail.
(5)
Permits for use on vehicles that are regularly used as part of a program for
the transportation of persons with disabilities are issued as provided in ORS
811.607.
(6)
Except as provided in subsection (7) of this section, the department shall
determine the form, size and content of any decal or placard issued under this
section and shall adopt rules governing their issuance, display and use as necessary
to carry out this section.
(7)(a)
Except as provided in paragraph (b) of this subsection, the department may not
require a decal or placard issued under this section to an individual or a
family to contain any identifying information about the person to whom the
decal or placard is issued, including any of the following:
(A)
Name;
(B)
Address;
(C)
Telephone number;
(D)
Social Security number;
(E)
Driver license number;
(F)
Golf cart driver permit number;
(G)
Identification card number;
(H)
Passport or visa number; or
(I)
Photograph.
(b)
The department may require a decal or placard issued under this section to an
individual or a family to contain not more than four
digits of the driver license or identification card number of the person to whom
the decal or placard is issued. [1987 c.187 §7; 1989 c.243 §2; 1991 c.741 §1;
1993 c.751 §66; 1995 c.462 §1; 2001 c.827 §11; 2005 c.406 §1; 2007 c.70 §330;
2007 c.468 §5]
Note:
Section 5, chapter 406, Oregon Laws 2005, provides:
Sec. 5. The
amendments to ORS 811.602, 811.605, 811.606 and 811.609 by sections 1 to 4 of
this 2005 Act apply to disabled person parking permits issued or renewed on or
after the effective date of this 2005 Act [January 1, 2006]. [2005 c.406 §5]
811.603 Parking identification card
without photograph; issuance; rules. (1) The
Department of Transportation shall issue a parking identification card without
a photograph to an applicant for a disabled person parking permit if the
applicant does not have a driver license, a driver permit or an identification
card issued by the department under ORS 807.400 and if the applicant submits a
statement from a physician that it would be impractical or harmful to the
applicant, because of medical or physical condition, to appear at an office of
the department and be photographed for an identification card.
(2)
The department shall determine by rule the terms, conditions and requirements
of a parking identification card issued under this section except that the
department may not require either that an applicant appear personally in order
to receive or renew a card or that the card contain a photograph. [1991 c.741 §2b;
2001 c.827 §12; 2008 c.1 §29]
811.604 Application for disabled person
parking permit. Application for issuance or
renewal of a disabled person parking permit in the form of an individual
placard or decal issued under ORS 811.602 shall include:
(1)
A certificate, signed and dated within six months preceding the date of
application, by a licensed physician, a certified nurse practitioner or a
licensed physician assistant to the Department of Transportation that the
applicant is a person with a disability or a certificate, signed and dated
within six months preceding the date of application, by a licensed optometrist
that the applicant is a person with a disability because of loss of vision or
substantial loss of visual acuity or visual field beyond correction;
(2)
The state-issued licensing number of the licensed physician, certified nurse
practitioner, licensed physician assistant or licensed optometrist who signed
the certificate described in subsection (1) of this section; and
(3)
The number of a current, valid driver license, golf cart driver permit,
identification card or parking identification card issued to the applicant by
the department. [1987 c.187 §8; 1989 c.243 §6; 1991 c.741 §2; 1995 c.462 §2;
1999 c.582 §16; 2001 c.827 §13; 2007 c.70 §331; 2008 c.1 §30; 2009 c.238 §1]
811.605 Contents of individual placard or
decal. (1) An applicant for an individual
placard or decal issued by the Department of Transportation under ORS 811.602
must have a driver license, a disability golf cart driver permit, an
identification card or a parking identification card issued by the department.
The placard or decal shall be valid so long as the license, permit,
identification card or parking identification card is valid and may be renewed
when the license, permit or card is renewed.
(2)
An individual placard or decal shall contain an expiration date that is visible
from outside the vehicle when the placard or decal is displayed on or in the
vehicle. The expiration date shall be the same as the expiration date of the
driver license, golf cart driver permit, identification card or parking
identification card of the holder of the placard. [1989 c.243 §4; 2005 c.406 §2;
2008 c.1 §31]
Note: See
note under 811.602.
811.606 Parking permit for person with
temporary disability. The Department of Transportation
may issue a placard showing an expiration date not to exceed six months after
the date of issuance for use by persons with temporary disabilities upon
submission by the applicant of a certificate described in ORS 811.604 except
that it certifies that the applicant has a temporary disability for less than
four years. An applicant for a temporary disabled person parking permit need
not have a driver license, a driver permit, an identification card or a parking
identification card. [1987 c.187 §9; 1987 c.296 §4; 1989 c.243 §7; 1991 c.741 §3;
1993 c.741 §85; 2001 c.827 §14; 2005 c.406 §3; 2007 c.70 §332; 2008 c.1 §32]
Note: See
note under 811.602.
811.607 Program placards; rules.
The Department of Transportation shall issue disabled person parking permits in
the form of program placards for use on vehicles that are regularly used as
part of a program for the transportation of persons with disabilities or by an
adult foster home. All the following apply to placards issued under this
section:
(1)
The department shall determine the form, size and content of the placards
except that the department shall require that a placard contain the name of the
program holding the placard and the department shall require that the
expiration date of a placard be visible when the placard is displayed in the
vehicle.
(2)
Placards issued under this section shall be valid for a period of eight years
from the date of issue. Upon expiration, placards may be renewed in a manner
determined by the department by rule. The department shall authorize renewal by
mail of placards issued under this section.
(3)
The department shall determine by rule how programs for the transportation of
persons with disabilities may qualify vehicles for placards issued under this
section. [1989 c.243 §5; 1991 c.741 §4; 1999 c.91 §4; 2001 c.827 §15; 2007 c.21
§5; 2007 c.70 §333]
811.608 [1987
c.187 §10; repealed by 1989 c.243 §18]
811.609 Family placards.
The Department of Transportation shall issue disabled person parking permits in
the form of family placards for use on vehicles that are regularly used by a
family that includes more than one person with a disability. All the following
apply to placards issued under this section:
(1)
The department shall determine the form, size and content of the placards
except that the department shall require that the expiration date of a placard
be visible when the placard is displayed in the vehicle.
(2)
Placards issued under this section shall be valid for a period of eight years
from the date of issue. Upon expiration, placards may be renewed in a manner
determined by the department by rule.
(3)
The department shall not issue or renew a placard under this section unless a
licensed physician certifies that the family includes at least two persons with
disabilities. [1991 c.741 §4b; 1999 c.91 §5; 2001 c.827 §16; 2005 c.406 §4;
2007 c.70 §334]
Note: See
note under 811.602.
811.610 [1985
c.246 §2; repealed by 1991 c.741 §7]
811.611 Foreign visitor placard.
(1) The Department of Transportation may issue a disabled person parking permit
in the form of a placard to a person who is visiting from a foreign country if
the person presents to the department either a valid driver license or other
grant of driving privileges from the foreign country or a passport or visa
showing that the person is a visitor to the United States and presents one of
the following:
(a)
A valid disabled person parking permit issued by the country that issued the
visitor’s passport or visa;
(b)
A certificate from an official of the agency that issues disabled person
parking permits in the country that issued the visitor’s passport or visa
certifying that the person holds a valid disabled person parking permit; or
(c)
A certificate from a licensed physician, a certified nurse practitioner or a
licensed physician assistant addressed to the Department of Transportation
certifying that the applicant is a person with a disability, or a certificate
from a licensed optometrist certifying that the applicant is a person with a
disability because of loss of vision or substantial loss of visual acuity or
visual field beyond correction.
(2)
A disabled person parking permit issued under this section is valid for 30
days. [1997 c.680 §2; 1999 c.582 §17; 2001 c.827 §17; 2007 c.70 §335]
811.612 Maintenance of privileges after
relocation. To maintain disabled person parking
privileges after relocation, a person who relocates to Oregon and who holds a
disabled person parking permit from another state shall obtain an Oregon
disabled person parking permit pursuant to ORS 811.602. [2001 c.367 §6]
811.613 Wheelchair User placard; rules.
(1) The Department of Transportation shall issue a “Wheelchair User” disabled
person parking permit in the form of a “Wheelchair User” placard or decal for
use by a person who uses a wheelchair or similar low-powered motorized or
mechanically propelled vehicle designed specifically for use by a person with a
physical disability.
(2)
The department shall determine the form, size and content of the placards or
decals, except that the department shall require that the placards or decals:
(a)
Include the words “Wheelchair User.”
(b)
Have an expiration date that is visible from outside the vehicle when the
placard or decal is displayed on or in the vehicle.
(3)
The department shall by rule determine how a person may qualify for a “Wheelchair
User” placard or decal under this section.
(4)
An applicant for a “Wheelchair User” placard or decal issued by the department
under this section must have a driver license, a disability golf cart driver
permit or an identification card issued by the department. The placard or decal
shall be valid as long as the license, permit or identification card is valid
and may be renewed when the license, permit or identification card is renewed.
(5)
The expiration date shall be the same as the expiration date of the driver
license, disability golf cart driver permit or identification card of the
holder of the placard or decal. [2007 c.468 §4]
Note:
811.613 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.
811.615 Unlawful parking in space reserved
for persons with disabilities; exceptions; penalty.
(1) A person commits the offense of unlawful parking in a space reserved for
persons with disabilities if:
(a)
The person parks a vehicle in any parking space that is on private or public
property and that is marked or signed to provide parking for persons with
disabilities and the vehicle does not conspicuously display a disabled person
parking permit described in ORS 811.602 or 811.606 or a disabled parking permit
issued by another jurisdiction;
(b)
The person parks a vehicle in the aisle required by ORS 447.233 regardless of
whether or not the vehicle displays a disabled person parking permit; or
(c)
The person parks a vehicle in a parking space that is on private or public
property and that is marked or signed “Wheelchair User Only” as described in
ORS 447.233 and the vehicle does not conspicuously display a “Wheelchair User”
placard or decal issued under ORS 811.613.
(2)
This section does not apply to any of the following:
(a)
Momentarily parking a vehicle in a parking space marked or signed for persons
with disabilities for the purposes of allowing a person with a disability to
enter or leave the vehicle.
(b)
Any parking space that is marked or signed to provide parking for persons with
disabilities and that is subject to different provisions or requirements under
city or county ordinance if the different provisions or requirements are clearly
posted.
(3)
Unless the police officer or other authorized person issuing the citation
witnesses the parking of the vehicle, a rebuttable presumption exists that a
vehicle parked in violation of this section was parked by the registered owner
of the vehicle and the citation issued for the violation may be placed upon the
vehicle. If the parking of the vehicle is witnessed by the police officer or
other person authorized to issue a citation for the offense, the operator of
the vehicle is in violation of this section.
(4)
The penalties provided by this section shall be imposed regardless of the text
or symbol displayed on the marking or sign reserving the space or aisle for
persons with disabilities. The penalties are in addition to the following:
(a)
A vehicle parked on private property in violation of this section is subject to
removal under ORS 98.810 and to lien and sale under ORS 98.812.
(b)
A vehicle parked in violation of this section may be removed and sold as
provided under ORS 811.620.
(5)(a)
Except as provided in paragraph (b) of this subsection, unlawful parking in a
space reserved for persons with disabilities is a Class C traffic violation.
(b)
A second or subsequent conviction for unlawful parking in a space reserved for
persons with disabilities is a Class A traffic violation. [1983 c.338 §680;
1985 c.16 §328; 1987 c.187 §2; 1989 c.243 §8; 1991 c.741 §11; 1993 c.195 §1;
1995 c.79 §373; 1997 c.680 §4; 2001 c.367 §1; 2007 c.70 §336; 2007 c.468 §6;
2011 c.597 §99]
811.617 Blocking parking space reserved
for persons with disabilities; penalty. (1) A person
commits the offense of blocking a parking space reserved for persons with
disabilities if the person:
(a)
Stops or parks a vehicle in such a way as to block access to a parking space that
is on private or public property and that is marked or signed to provide
parking for persons with disabilities; or
(b)
Places an object or allows an object to be placed in such a manner that it
blocks access to a parking space that is on private or public property and that
is marked or signed to provide parking for persons with disabilities.
(2)(a)
Unless the police officer or other authorized person issuing the citation
witnesses the stopping or parking of a vehicle in violation of subsection
(1)(a) of this section, there is a rebuttable presumption that the vehicle was
stopped or parked by the registered owner of the vehicle and a citation issued
for the violation may be placed upon the vehicle. If the stopping or parking of
the vehicle is witnessed by the police officer or other person authorized to
issue a citation for the offense, or if the operator is in the vehicle, the
operator of the vehicle is in violation of this section.
(b)
Unless the police officer or other authorized person issuing the citation
witnesses the blocking of a parking space in violation of subsection (1)(b) of
this section, there is a rebuttable presumption that the owner or manager of
the parking lot placed or allowed placement of the object blocking access to
the parking space and a citation may be issued to the owner or manager of the
parking lot. If a police officer or other person issuing the citation sees a
person placing an object in violation of subsection (1)(b) of this section, the
officer or other person may issue the citation to the person seen.
(3)
For purposes of this section, a parking space includes any adjacent access
aisle as described in ORS 447.233.
(4)
The offense described in this section, blocking a parking space reserved for
persons with disabilities, is a Class D traffic violation. [1997 c.498 §2; 2001
c.367 §2; 2007 c.70 §337; 2011 c.597 §99a]
811.620 Removal of vehicle illegally
parked in space reserved for persons with disabilities.
If a vehicle is illegally parked in violation of ORS 811.615, the vehicle may
be removed and, if notice required under subsection (3) of this section is
given, is subject to costs for the removal and storage of the vehicle as
provided under the following:
(1)
The owner of private property may have the vehicle removed from the property in
the manner provided for removal of vehicles under ORS 98.812.
(2)
Subject to subsection (3) of this section, any state agency or political
subdivision of this state may provide for the removal and storage of the
vehicle and the vehicle shall be subject to the following:
(a)
The state agency or political subdivision may require payment of reasonable
costs for removal and storage of the vehicle before the vehicle is released.
(b)
If the vehicle is not claimed and any fees required under this subsection are
not paid within 30 days of the removal, a lien described under ORS 98.812
attaches to the vehicle and its contents for the reasonable costs for removal
and storage of the vehicle and contents.
(3)
If a vehicle is removed under subsection (2) of this section, the tower
removing the vehicle shall:
(a)
Notify the local law enforcement agency of the location of the vehicle within
one hour after the vehicle is placed in storage; and
(b)
Unless the vehicle is claimed, give notice, within 10 days after the vehicle is
placed in storage, to the vehicle owner or any other person with an interest in
the vehicle, as indicated by the title records. If notice under this paragraph
is given by mail, it must be mailed within the 10-day period, but need not be
received within that period. [1983 c.338 §433; 1985 c.16 §227; 1993 c.233 §56;
2007 c.538 §14]
811.625 Unlawful use of disabled person
parking permit; penalty. (1) A person commits the offense
of unlawful use of a disabled person parking permit if the person:
(a)
Is not a person with a disability and is not transporting the holder of a
disabled person parking permit to or from the parking location; and
(b)
Uses a disabled person parking permit described under ORS 811.602 or 811.606 to
exercise any privileges granted under ORS 811.635.
(2)
Except as provided in subsection (3) of this section, unlawful use of a
disabled person parking permit is a Class C traffic violation.
(3)
A second or subsequent conviction for unlawful use of a disabled person parking
permit is a Class A traffic violation. [1983 c.338 §681; 1987 c.187 §3; 1989
c.243 §9; 1991 c.741 §12; 1995 c.79 §374; 2001 c.367 §3; 2007 c.70 §338; 2011
c.597 §100]
811.627 Use of invalid disabled person
parking permit; penalty. (1) A person commits the offense
of use of an invalid disabled person parking permit if the person uses a permit
that is not a valid permit from another jurisdiction, and that:
(a)
Has been previously reported as lost or stolen;
(b)
Has been altered;
(c)
Was issued to a person who is deceased at the time of the citation;
(d)
Has not been issued under ORS 811.602;
(e)
Is a photocopy or other reproduction of a permit, regardless of the permit
status; or
(f)
Is mutilated or illegible.
(2)
Unless the police officer or other authorized person issuing the citation
witnesses the parking of the vehicle, a rebuttable presumption exists that a
vehicle parked in violation of this section was parked by the registered owner
of the vehicle and the citation issued for the violation may be placed upon the
vehicle. If the parking of the vehicle is witnessed by the police officer or
other person authorized to issue a citation for the offense, the operator of
the vehicle is in violation of this section.
(3)
The offense described in this section, use of an invalid disabled person
parking permit, is a Class A traffic violation.
(4)
If the court finds that a person committed the offense described in this
section, the court shall collect the permit and return it to the Department of
Transportation for destruction unless the person claims the permit was lost or
destroyed, or the police officer or other person authorized to issue a citation
for the offense collected the permit.
(5)
If the court finds that a person committed the offense described in this
section by using a permit that was mutilated or illegible, the court may assess
any fine it deems appropriate up to the maximum amount allowable for the
offense. If the mutilated or illegible permit has been replaced by the
department, the court may dismiss the citation. [2001 c.367 §7; 2011 c.597 §100a]
811.630 Misuse of program placard;
penalty. (1) A person commits the offense of
misuse of a program placard if the person:
(a)
Is the driver of a vehicle that is being used as part of a program for the
transportation of persons with disabilities; and
(b)
Uses a program placard described under ORS 811.607 for any purpose other than
exercising privileges granted under ORS 811.637.
(2)
Except as provided in subsection (3) of this section, misuse of a program
placard is a Class C traffic violation.
(3)
A second or subsequent conviction for misuse of a program placard is a Class A
traffic violation. [1983 c.338 §682; 1987 c.187 §4; 1989 c.243 §10; 2001 c.367 §4;
2007 c.70 §339; 2011 c.597 §101]
811.632 Appointment of volunteers to issue
citations. (1) A law enforcement agency authorized
to enforce parking laws may appoint volunteers to issue citations for
violations of ORS 811.615, 811.617, 811.625 and 811.630, or of ordinances
dealing with parking privileges for persons with disabilities. Volunteers
appointed under this subsection must be at least 21 years of age. The law
enforcement agency appointing the volunteers may establish any other
qualifications the agency deems desirable.
(2)
Any agency appointing volunteers under this section shall provide training to
the volunteers before authorizing them to issue citations.
(3)
A citation issued by a volunteer appointed under this section shall have the
same force and effect as a citation issued by a police officer for the same
offense. [1991 c.741 §10; 1997 c.498 §3; 2007 c.70 §340]
Note:
811.632 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.
811.635 Privileges granted by disabled
person parking permit other than program placard.
All of the following apply to the parking privileges granted to persons with
disabilities under a disabled person parking permit other than a program
placard described in ORS 811.607:
(1)
The privileges granted under a permit may be exercised notwithstanding ORS
811.575, any authority granted under ORS 810.160 or parking restrictions imposed
by any city or county and without violation thereof.
(2)
Subject to the limitations under subsection (4) of this section, a “Wheelchair
User” placard or decal allows its holder, or another person while transporting
its holder to or from the parking location, to exercise the following
privileges:
(a)
Park a motor vehicle in any public parking zone restricted as to the length of
time permitted therein without incurring penalties imposed for overtime parking
in such zones.
(b)
Park a motor vehicle in any public parking zone with metered parking without
being required to pay any parking meter fee.
(3)
A city or county may allow any person who holds a disabled person parking
permit to exercise the rights described in subsection (2) of this section.
(4)
The privileges granted under subsection (2) of this section do not include any
of the following:
(a)
Parking in zones where stopping, parking or standing of all motor vehicles is
prohibited.
(b)
Parking in the late evening or overnight where such parking is prohibited.
(c)
Parking in zones reserved for special types of motor vehicles or activities.
(d)
Parking in zones where parking is permitted only for 30 minutes or less.
(e)
Parking in a parking space marked or signed for “Wheelchair User Only,” unless
displaying a “Wheelchair User” placard or decal issued under ORS 811.613.
(5)
In addition to other privileges granted under a permit, the person issued a
permit, or another person while transporting the person issued the permit to or
from the parking location, may use the permit to park in a parking space that
is marked or signed to provide parking for persons with disabilities without
violation of ORS 811.615. [1983 c.338 §683; 1985 c.139 §4; 1987 c.187 §5; 1989
c.243 §11; 2007 c.70 §341; 2007 c.468 §7]
811.637 Privileges granted by program
placards. (1) Notwithstanding ORS 811.635, a
program placard described under ORS 811.607 confers only the following
privileges:
(a)
It authorizes the driver of a vehicle that is being used as part of the program
to which the placard was issued to park the vehicle for three hours or less in
any public parking zone restricted as to the length of time permitted therein
without incurring penalties for overtime parking in such zones;
(b)
It authorizes the driver of a vehicle that is being used as part of the program
to which the placard was issued to park the vehicle for three hours or less in
any public parking zone with metered parking without being required to pay any
parking meter fee; and
(c)
It authorizes the driver of a vehicle that is being used as part of the program
to which the placard was issued to park the vehicle for three hours or less in
any parking space that is marked or signed to provide parking for persons with
disabilities without violation of ORS 811.615, so long as the vehicle
conspicuously displays the permit.
(2)
The privileges granted under subsection (1) of this section do not include any
of the following:
(a)
Parking in zones where stopping, parking or standing of all motor vehicles is prohibited.
(b)
Parking in the late evening or overnight where such parking is prohibited.
(c)
Parking in zones reserved for special types of motor vehicles or activities.
(d)
Parking in zones where parking is permitted only for 30 minutes or less. [1989
c.243 §13; 1999 c.779 §1; 2007 c.70 §342]
811.640 [1983
c.338 §684(2); 1985 c.16 §329(2); 1985 c.139 §5(2); 1987 c.187 §11; 1989 c.243 §14;
1991 c.741 §5; 1995 c.462 §3; 1997 c.680 §3; 1999 c.91 §6; repealed by 2001
c.827 §18]
ACCIDENTS
(Duties)
811.700 Failure to perform duties of
driver when property is damaged; penalty. (1) A
person commits the offense of failure to perform the duties of a driver when
property is damaged if the person is the driver of any vehicle and the person
does not perform duties required under any of the following:
(a)
If the person is the driver of any vehicle involved in an accident that results
only in damage to a vehicle that is driven or attended by any other person the
person must perform all of the following duties:
(A)
Immediately stop the vehicle at the scene of the accident or as close thereto
as possible. Every stop required under this subparagraph shall be made without
obstructing traffic more than is necessary.
(B)
Remain at the scene of the accident until the driver has fulfilled all of the
requirements under this paragraph.
(C)
Give to the other driver or passenger the name and address of the driver and
the registration number of the vehicle that the driver is driving and the name
and address of any other occupants of the vehicle.
(D)
Upon request and if available, exhibit and give to the occupant of or person
attending any vehicle damaged the number of any documents issued as evidence of
driving privileges granted to the driver.
(b)
If the person is the driver of any vehicle that collides with any vehicle that
is unattended, the person shall immediately stop and:
(A)
Locate and notify the operator or owner of the vehicle of the name and address
of the driver and owner of the vehicle striking the unattended vehicle; or
(B)
Leave in a conspicuous place in the vehicle struck a written notice giving the
name and address of the driver and of the owner of the vehicle doing the
striking and a statement of the circumstances thereof.
(c)
If the person is the driver of any vehicle involved in an accident resulting
only in damage to fixtures or property legally upon or adjacent to a highway,
the person shall do all of the following:
(A)
Take reasonable steps to notify the owner or person in charge of the property
of such fact and of the driver’s name and address and of the registration
number of the vehicle the driver is driving.
(B)
Upon request and if available, exhibit any document issued as official evidence
of a grant of driving privileges to the driver.
(2)
The offense described in this section, failure to perform the duties of a
driver when property is damaged, is a Class A misdemeanor and is applicable on
any premises open to the public. [1983 c.338 §572]
811.705 Failure to perform duties of
driver to injured persons; penalty. (1) A person
commits the offense of failure to perform the duties of a driver to injured
persons if the person is the driver of any vehicle involved in an accident that
results in injury or death to any person and does not do all of the following:
(a)
Immediately stop the vehicle at the scene of the accident or as close thereto
as possible. Every stop required under this paragraph shall be made without
obstructing traffic more than is necessary.
(b)
Remain at the scene of the accident until the driver has fulfilled all of the
requirements under this subsection.
(c)
Give to the other driver or surviving passenger or any person not a passenger
who is injured as a result of the accident the name and address of the driver
and the registration number of the vehicle that the driver is driving and the
name and address of any other occupants of the vehicle.
(d)
Upon request and if available, exhibit and give to the persons injured or to
the occupant of or person attending any vehicle damaged the number of any
document issued as official evidence of a grant of driving privileges.
(e)
Render to any person injured in the accident reasonable assistance, including
the conveying or the making of arrangements for the conveying of such person to
a physician, surgeon or hospital for medical or surgical treatment, if it is
apparent that such treatment is necessary or if such conveying is requested by
any injured person.
(f)
Remain at the scene of an accident until a police officer has arrived and has received
the required information, if all persons required to be given information under
paragraph (c) of this subsection are killed in the accident or are unconscious
or otherwise incapable of receiving the information. The requirement of this
paragraph to remain at the scene of an accident until a police officer arrives
does not apply to a driver who needs immediate medical care, who needs to leave
the scene in order to secure medical care for another person injured in the
accident or who needs to leave the scene in order to report the accident to the
authorities, so long as the driver who leaves takes reasonable steps to return
to the scene or to contact the nearest police agency.
(2)(a)
Except as otherwise provided in paragraph (b) of this subsection, the offense
described in this section, failure to perform the duties of a driver to injured
persons, is a Class C felony and is applicable on any premises open to the
public.
(b)
Failure to perform the duties of a driver to injured persons is a Class B felony
if a person suffers serious physical injury as defined in ORS 161.015 or dies
as a result of the accident. [1983 c.338 §573; 1993 c.621 §1; 2001 c.919 §1]
811.706 Money damages resulting from
violation of ORS 811.700 or 811.705. When a person
is convicted of violating ORS 811.700 or 811.705, the court, in addition to any
other sentence it may impose, may order the person to pay an amount of money
equal to the amount of any damages caused by the person as a result of the
incident that created the duties in ORS 811.700 or 811.705. [1995 c.782 §2]
Note:
811.706 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.
811.707 Crime classification for violation
of ORS 811.705. The Oregon Criminal Justice
Commission shall classify the crime of failure to perform the duties of a
driver to injured persons as crime category 8 of the sentencing guidelines grid
of the commission if a person suffers serious physical injury as defined in ORS
161.015 or dies as a result of the accident that forms the basis of the
conviction. [2001 c.919 §2]
Note:
811.707 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.
811.710 Failure to perform duties of
driver when animal is injured; penalty. (1) A person
commits the offense of failure to perform the duties of a driver when an animal
is injured if the person knowingly strikes and injures a domestic animal and
the person does not do all of the following:
(a)
Stop at once.
(b)
Make a reasonable effort to determine the nature of the animal’s injuries.
(c)
Give reasonable attention to the animal.
(d)
Immediately report the injury to the animal’s owner.
(e)
If unable to contact the owner of the animal, notify a police officer.
(2)
The requirements under this section for a driver to stop and attend an injured
animal depend on the traffic hazards then existing.
(3)
The offense described in this section, failure to perform the duties of a
driver when an animal is injured, is a Class B traffic violation. [1983 c.338 §574]
811.715 Failure to perform duties of witness
to accident; penalty. (1) A person commits the offense
of failure to perform the duties of a witness to an accident if the person:
(a)
Witnesses an accident that results in injury or death to any person or causes
damage to a vehicle that is driven or attended by any person; and
(b)
Does not furnish to the driver or occupant of such vehicles or injured person,
the true name and address of the witness.
(2)
The offense described in this section, failure to perform the duties of a
witness to an accident, is a Class B traffic violation. [1983 c.338 §575]
811.717 Failure to remove motor vehicle
from roadway; penalty. (1) The driver of a motor
vehicle commits the offense of failure to remove a motor vehicle from the
roadway if, after an accident:
(a)
A person has not suffered any apparent personal injury as a result of the
accident;
(b)
The motor vehicle is operable and does not require towing;
(c)
It is safe to drive the motor vehicle to a location off of the roadway as close
to the accident scene as possible; and
(d)
The driver does not move the motor vehicle to a location off of the roadway as
close to the accident scene as possible.
(2)
The offense described in this section, failure to remove a motor vehicle from
the roadway, is a Class C traffic violation. [2007 c.664 §4; 2008 c.10 §3]
Note:
811.717 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.
(Reports)
811.720 When accident must be reported to
Department of Transportation. (1) Except as
provided in subsection (4) of this section, any accident occurring on a highway
or upon premises open to the public resulting in injury or death to any person
is subject to the reporting requirements under the following sections:
(a)
The reporting requirements for drivers under ORS 811.725.
(b)
The reporting requirements for occupants of vehicles in accidents under ORS
811.735.
(c)
The reporting requirements for owners of vehicles under ORS 811.730.
(2)
Except as provided in subsection (4) of this section, an accident occurring on
a highway or upon premises open to the public resulting in damage to the
property of any person in excess of $1,500 is subject to the following
reporting requirements:
(a)
The driver of a vehicle that has more than $1,500 damage must report the
accident in the manner specified under ORS 811.725.
(b)
The owner of a vehicle that has more than $1,500 damage must report the
accident in the manner specified in ORS 811.730 and under the circumstances
specified in ORS 811.730.
(c)
If the property damage is to property other than a vehicle involved in the
accident, each driver involved in the accident must report the accident in the
manner specified under ORS 811.725 and each owner of a vehicle involved in the
accident must report the accident in the manner specified in ORS 811.730 and
under the circumstances specified in ORS 811.730.
(d)
If a vehicle involved in the accident is damaged to the extent that the vehicle
must be towed from the scene of the accident, each driver involved in the
accident must report the accident in the manner specified under ORS 811.725 and
each owner of a vehicle involved in the accident must report the accident in
the manner specified in ORS 811.730 and under the circumstances specified in
ORS 811.730.
(3)
The dollar amount specified in subsection (2) of this section may be increased
every five years by the Department of Transportation based upon any increase in
the Portland-Salem Consumer Price Index for All Urban Consumers for All Items
as prepared by the Bureau of Labor Statistics of the United States Department
of Labor or its successor during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest $100.
(4)
The following are exempt from the reporting requirements of this section:
(a)
Operators of snowmobiles, Class I all-terrain vehicles or Class III all-terrain
vehicles.
(b)
A law enforcement official acting in the course of official duty if the
accident involved a law enforcement official performing a lawful intervention
technique or a law enforcement official and a person acting during the
commission of a criminal offense. As used in this paragraph:
(A)
“Law enforcement official” means a person who is responsible for enforcing the
criminal laws of this state or a political subdivision of this state and who is
employed or volunteers:
(i) As a peace officer commissioned by a city, university
that has established a police department under ORS 352.383, port, school
district, mass transit district, county or county service district authorized
to provide law enforcement services under ORS 451.010;
(ii)
With the Department of State Police or the Criminal Justice Division of the
Department of Justice;
(iii)
As an investigator of a district attorney’s office, if the investigator is
certified as a peace officer in this state; or
(iv)
As an authorized tribal police officer as defined in section 1, chapter 644,
Oregon Laws 2011.
(B)
“Lawful intervention technique” means a method by which one motor vehicle
causes, or attempts to cause, another motor vehicle to stop. [1983 c.338 §576;
1987 c.258 §11; 1993 c.614 §1; 1997 c.279 §1; 2001 c.827 §7; 2003 c.531 §1;
2005 c.405 §1; 2011 c.506 §49; 2011 c.644 §34]
Note: The
amendments to 811.720 by section 56, chapter 644, Oregon Laws 2011, become
operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as
amended by section 77, chapter 644, Oregon Laws 2011. The text that is
operative on and after July 1, 2015, is set forth for the user’s convenience.
811.720. (1)
Except as provided in subsection (4) of this section, any accident occurring on
a highway or upon premises open to the public resulting in injury or death to
any person is subject to the reporting requirements under the following
sections:
(a)
The reporting requirements for drivers under ORS 811.725.
(b)
The reporting requirements for occupants of vehicles in accidents under ORS
811.735.
(c)
The reporting requirements for owners of vehicles under ORS 811.730.
(2)
Except as provided in subsection (4) of this section, an accident occurring on
a highway or upon premises open to the public resulting in damage to the
property of any person in excess of $1,500 is subject to the following
reporting requirements:
(a)
The driver of a vehicle that has more than $1,500 damage must report the
accident in the manner specified under ORS 811.725.
(b)
The owner of a vehicle that has more than $1,500 damage must report the
accident in the manner specified in ORS 811.730 and under the circumstances
specified in ORS 811.730.
(c)
If the property damage is to property other than a vehicle involved in the
accident, each driver involved in the accident must report the accident in the
manner specified under ORS 811.725 and each owner of a vehicle involved in the
accident must report the accident in the manner specified in ORS 811.730 and
under the circumstances specified in ORS 811.730.
(d)
If a vehicle involved in the accident is damaged to the extent that the vehicle
must be towed from the scene of the accident, each driver involved in the
accident must report the accident in the manner specified under ORS 811.725 and
each owner of a vehicle involved in the accident must report the accident in
the manner specified in ORS 811.730 and under the circumstances specified in
ORS 811.730.
(3)
The dollar amount specified in subsection (2) of this section may be increased
every five years by the Department of Transportation based upon any increase in
the Portland-Salem Consumer Price Index for All Urban Consumers for All Items
as prepared by the Bureau of Labor Statistics of the United States Department
of Labor or its successor during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest $100.
(4)
The following are exempt from the reporting requirements of this section:
(a)
Operators of snowmobiles, Class I all-terrain vehicles or Class III all-terrain
vehicles.
(b)
A law enforcement official acting in the course of official duty if the
accident involved a law enforcement official performing a lawful intervention
technique or a law enforcement official and a person acting during the
commission of a criminal offense. As used in this paragraph:
(A)
“Law enforcement official” means a person who is responsible for enforcing the
criminal laws of this state or a political subdivision of this state and who is
employed or volunteers:
(i) As a peace officer commissioned by a city, university
that has established a police department under ORS 352.383, port, school
district, mass transit district, county or county service district authorized
to provide law enforcement services under ORS 451.010;
(ii)
With the Department of State Police or the Criminal Justice Division of the
Department of Justice; or
(iii)
As an investigator of a district attorney’s office, if the investigator is
certified as a peace officer in this state.
(B)
“Lawful intervention technique” means a method by which one motor vehicle
causes, or attempts to cause, another motor vehicle to stop.
811.725 Driver failure to report accident
to Department of Transportation; penalty. (1)
The driver of a vehicle commits the offense of driver failure to report an
accident if the driver does any of the following:
(a)
Is driving any vehicle that is involved in an accident required to be reported
under ORS 811.720 and does not, within 72 hours of the accident, complete a
report of the accident in a form approved by the Department of Transportation
and submit the report to the department.
(b)
Is driving a vehicle that is involved in an accident and does not submit to the
department any report required by the department that is other than or in
addition to the reports required by this section. The department may request a
supplemental report if in the opinion of the department the original report is
insufficient.
(c)
Is driving any vehicle that is involved in an accident required to be reported
under ORS 811.720 and does not, within 72 hours of the accident, certify to the
department, in a form furnished by the department, that at the time of the
accident the person was in compliance with the financial responsibility
requirements.
(2)
The certification of compliance with financial responsibility required under
this section is subject to the prohibitions and penalties for false
certification under ORS 806.050.
(3)
The reports described under this section are subject to the provisions of ORS
802.220 and 802.240 relating to the use of such reports after submission.
Exemptions from requirements to certify compliance with financial
responsibility are established under ORS 806.020.
(4)
A driver may be required to file additional accident reports with a city as
provided under ORS 801.040.
(5)
The offense described in this section, driver failure to report an accident, is
a Class B traffic violation. [1983 c.338 §577; 1985 c.393 §36; 1993 c.751 §67;
2005 c.195 §1]
811.730 Owner failure to report accident
to Department of Transportation; penalty. (1)
The owner of a vehicle commits the offense of owner failure to report an
accident if the owner does any of the following:
(a)
If the person owns a vehicle that is involved in an accident that is required
to be reported under ORS 811.720 and all of the following apply:
(A)
The accident occurred while the vehicle was driven by someone other than the
owner of the vehicle.
(B)
The driver of the vehicle does not make an accident report as required under
ORS 811.725.
(C)
The owner of the vehicle fails to report the accident to the Department of
Transportation in a form specified by the department as soon as the owner
learns of the accident.
(b)
If the person is the owner of a vehicle involved in an accident and the person
does not make any additional reports the department may require.
(2)
The offense described in this section, owner failure to report an accident, is
a Class B traffic violation. [1983 c.338 §578; 1985 c.393 §37; 1993 c.751 §68]
811.735 Failure of vehicle occupant to
make accident report to Department of Transportation; penalty.
(1) A person commits the offense of failure of a vehicle occupant to make an
accident report if:
(a)
The person is an occupant, other than the driver, of a vehicle at a time when
the vehicle is involved in an accident required to be reported under ORS
811.720;
(b)
The driver of the vehicle is physically incapable of making an accident report
required under ORS 811.725; and
(c)
The occupant does not make the accident report or cause the accident report to
be made.
(2)
This section does not require an occupant of a vehicle who is not a driver to
make any certification of compliance with financial responsibility requirements.
(3)
The offense described in this section, failure of a vehicle occupant to make an
accident report, is a Class B traffic violation. [1983 c.338 §579]
811.740 False accident report; penalty.
(1) A person commits the offense of giving a false accident report if the
person gives information in any report required under ORS 811.725 or 811.730,
knowing or having reason to believe that such information is false.
(2)
The offense described in this section, giving a false accident report, is a
Class B misdemeanor. [1983 c.338 §581; 1985 c.393 §38]
811.745 When accident must be reported to
police officer or law enforcement agency. (1)
Except as provided in subsection (4) of this section, any accident occurring on
a highway or upon premises open to the public resulting in injury or death to
any person is subject to the reporting requirements under the following
sections:
(a)
The reporting requirements for drivers under ORS 811.748.
(b)
The reporting requirements for occupants of vehicles in accidents under ORS
811.750.
(2)
Except as provided in subsection (4) of this section, an accident occurring on
a highway or upon premises open to the public resulting in damage to the
property of any person in excess of $1,500 is subject to the following
reporting requirements:
(a)
The driver of a vehicle that has more than $1,500 damage must report the
accident in the manner specified under ORS 811.748.
(b)
If the property damage is to property other than a vehicle involved in the
accident, each driver involved in the accident must report the accident in the
manner specified under ORS 811.748.
(c)
If a vehicle involved in the accident is damaged to the extent that the vehicle
must be towed from the scene of the accident, each driver involved in the
accident must report the accident in the manner specified under ORS 811.748.
(3)
The dollar amount specified in subsection (2) of this section may be increased
every five years by the Department of Transportation based upon any increase in
the Portland-Salem Consumer Price Index for All Urban Consumers for All Items
as prepared by the Bureau of Labor Statistics of the United States Department
of Labor or its successor during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest $100.
(4)
The following are exempt from the reporting requirements of this section:
(a)
Operators of snowmobiles and Class I, Class III and Class IV all-terrain
vehicles.
(b)
A law enforcement official acting in the course of official duty if the
accident involved a law enforcement official performing a lawful intervention
technique or involved a law enforcement official and a person acting during the
commission of a criminal offense. As used in this paragraph:
(A)
“Law enforcement official” means a person who is responsible for enforcing the
criminal laws of this state or a political subdivision of this state and who is
employed or volunteers:
(i) As a peace officer commissioned by a city, port,
university that has established a police department under ORS 352.383, school
district, mass transit district, county or service district authorized to
provide law enforcement services under ORS 451.010;
(ii)
With the Department of State Police or the Criminal Justice Division of the
Department of Justice; or
(iii)
As an investigator of a district attorney’s office, if the investigator is
certified as a peace officer in this state.
(B)
“Lawful intervention technique” means a method by which one motor vehicle
causes, or attempts to cause, another motor vehicle to stop.
(5)
The reporting requirements under this section are in addition to, and not in
lieu of, the reporting requirements under ORS 811.720. [2009 c.490 §2; 2011
c.360 §18; 2011 c.506 §50]
Note:
811.745 to 811.750 were added to and made a part of the Oregon Vehicle Code by
legislative action but were not added to ORS chapter 811 or any series therein.
See Preface to Oregon Revised Statutes for further explanation.
811.747 Definitions for ORS 811.748 and
811.750. As used in ORS 811.748 and 811.750:
(1)
“9-1-1 emergency reporting system” has the meaning given that term in ORS
403.105.
(2)
“Law enforcement agency” means any agency that employs members of the Oregon
State Police, a sheriff, a deputy sheriff, a city police officer, a police officer
commissioned by a university under ORS 352.383 or a law enforcement officer
employed by a service district established under ORS 451.410 to 451.610 for the
purpose of law enforcement services. [2009 c.490 §3; 2011 c.506 §51]
Note: See
note under 811.745.
811.748 Driver failure to report accident
to police officer or law enforcement agency; penalty.
(1) The driver of a vehicle commits the offense of driver failure to report an
accident if the driver is driving any vehicle that is involved in an accident
required to be reported under ORS 811.745 and the driver, if physically
capable, does not give notice of the accident immediately to a police officer
or a law enforcement agency by the quickest means available.
(2)
Notwithstanding subsection (1) of this section, a driver does not commit the
offense of driver failure to report an accident if:
(a)
The accident required to be reported under ORS 811.745 results in a serious
injury or death; and
(b)
The driver gives notice of the accident immediately to a 9-1-1 emergency
reporting system by the quickest means available.
(3)
The offense described in this section, driver failure to report an accident, is
a Class A traffic violation. [2009 c.490 §4]
Note: See
note under 811.745.
811.750 Failure of vehicle occupant to
make accident report to police officer or law enforcement agency; penalty.
(1) A person commits the offense of failure of a vehicle occupant to make an
accident report if:
(a)
The person is an occupant, other than the driver, of a vehicle at a time when
the vehicle is involved in an accident required to be reported to a police
officer or a law enforcement agency under ORS 811.745;
(b)
The driver of the vehicle is physically incapable of giving notice to a police
officer or a law enforcement agency as required under ORS 811.748; and
(c)
The occupant does not give notice of the accident immediately to a police
officer or a law enforcement agency by the quickest means available.
(2)
Notwithstanding subsection (1) of this section, a person does not commit the
offense of failure of a vehicle occupant to make an accident report if:
(a)
The accident required to be reported under ORS 811.745 results in a serious
injury or death; and
(b)
The person gives notice of the accident immediately to a 9-1-1 emergency
reporting system by the quickest means available.
(3)
The offense described in this section, failure of a vehicle occupant to make an
accident report, is a Class A traffic violation. [2009 c.490 §5]
Note: See
note under 811.745.
FUNERAL PROCESSIONS
811.800 Operation of funeral vehicles with
improper lights; penalty. (1) A person commits the offense
of operation of a funeral escort vehicle or a funeral lead vehicle with
improper lights if the person:
(a)
Fails to equip the funeral escort vehicle or funeral lead vehicle with at least
one “fire company warning light” as provided for under ORS 816.350 and
described under ORS 816.285; or
(b)
Uses the “fire company warning light” at any time except during a funeral
procession.
(2)
No ordinance or other regulation shall prohibit the use of warning lights on a
funeral escort vehicle or funeral lead vehicle while driving in a funeral
procession.
(3)
The offense described in this section, operation of a funeral escort vehicle or
funeral lead vehicle with improper lights, is a Class D traffic violation. [1991
c.482 §6; 1993 c.18 §170; 1995 c.383 §1]
811.802 Failure to yield right of way to
funeral procession; penalty. (1) A person
commits the offense of failure to yield the right of way to a funeral
procession if the funeral procession is accompanied by a funeral escort vehicle
or a funeral lead vehicle and the person does not do the following:
(a)
Yield the right of way to the funeral procession.
(b)
Stop before entering any intersection and remain stopped until the funeral
procession has passed.
(c)
Obey any directions given by a driver of a funeral escort vehicle.
(2)
Except as otherwise provided in subsection (3) of this section and except for
emergency vehicles and police vehicles or at the direction of a police officer,
this section applies to pedestrians, bicyclists, motor vehicle drivers and
anyone else in the path of a funeral procession.
(3)
This section applies only to persons who knew or in the exercise of reasonable
care should have known of the presence of a funeral procession.
(4)
The offense described in this section, failure to yield the right of way to a
funeral procession, is a Class D traffic violation. [1991 c.482 §7; 1995 c.383 §2]
811.804 Intersection rules for funeral
processions. (1) While exercising due caution
regarding the safety of others, notwithstanding any traffic control device,
right of way provisions or other provisions of the Oregon Vehicle Code, if the
funeral escort vehicle or funeral lead vehicle lawfully enters an intersection,
the following procession may enter the intersection without stopping.
(2)
Notwithstanding subsection (1) of this section, the vehicles in the funeral
procession shall yield the right of way:
(a)
To an emergency vehicle giving an audible or visible signal; or
(b)
If directed by a police officer to do so. [1991 c.482 §8]
811.806 Exceeding maximum speed for funeral
procession; penalty. (1) Notwithstanding any other
provision of law, a person commits the offense of exceeding the maximum speed
for a funeral procession if:
(a)
The person is driving in a funeral procession on a highway with a speed limit
of less than 50 miles per hour and the person drives at a speed that exceeds
five miles per hour less than the speed limit; or
(b)
The person is driving in a funeral procession on a highway with a speed limit
greater than 50 miles per hour and the person drives at a speed that exceeds 45
miles per hour.
(2)
The offense described in this section, exceeding the maximum speed for a funeral
procession, is a Class D traffic violation. [1991 c.482 §12; 1995 c.383 §3]
811.808 Exemption from speed limits for
funeral escort vehicle. Notwithstanding ORS 811.111 or
811.295, while overtaking the funeral procession in order to direct traffic at
the next intersection, the funeral escort vehicle may exceed the posted speed
limit by 10 miles per hour and may cross the center line of a roadway that is
divided into two or more lanes. [1991 c.482 §9; 2003 c.14 §494; 2003 c.819 §10]
811.810 Disrupting funeral procession;
penalty. (1) A person commits the offense of
disrupting a funeral procession if:
(a)
The person is driving a vehicle that is not a member of the funeral procession
and the person drives between the vehicles in a funeral procession; or
(b)
The person is driving a vehicle that is not a member of the funeral procession
and the person joins the funeral procession in order to be exempt from any rule
of the road.
(2)
This section does not apply to any emergency vehicle or police vehicle while
that vehicle is performing emergency or police duties.
(3)
The offense described in this section, disrupting a funeral procession, is a
Class D traffic violation. [1991 c.482 §10; 1995 c.383 §4]
811.812 Free passage for funeral
procession vehicles. Any person or vehicle
participating in a funeral procession shall be allowed to pass free through all
tollgates, tunnels, toll bridges and ferries. [1991 c.482 §11]
_______________
CHAPTER 812
[Reserved for expansion]