2007 Oregon Code - Chapter 810 :: Chapter 810 - Road Authorities - Courts - Police - Other Enforcement Officials
Chapter 810 —
Road Authorities; Courts; Police; Other Enforcement Officials
2007 EDITION
ENFORCEMENT OFFICIALS
ROAD AUTHORITIES
(Jurisdiction)
810.010Â Â Â Â Jurisdiction
over highways; exception
810.012Â Â Â Â Jurisdiction
over access to facilities and services from certain roads; rules
(Roads)
810.020Â Â Â Â Regulating
use of throughway
810.030Â Â Â Â Imposition
of restrictions on highway use; grounds; procedure; penalties
810.040Â Â Â Â Designation
of truck routes; limitations
810.050Â Â Â Â Increase
or decrease in size or weight limits on highways if federal mandate allows or
requires; rules
810.060Â Â Â Â Increase
in weight or size if highway found capable of supporting increase; rules
810.070Â Â Â Â Use
of golf carts on highways; rules
810.080Â Â Â Â Pedestrian
traffic
810.090Â Â Â Â Bicycle
racing
810.100Â Â Â Â Restriction
of animal traffic to bridle paths
810.110Â Â Â Â Designation
of through highways and stop intersections
810.120Â Â Â Â Designation
of no passing zones
810.130Â Â Â Â One-way
highways; safety zones; turns
810.140Â Â Â Â Designation
of exclusive use lanes
810.150Â Â Â Â Drain
construction; compliance with bicycle safety requirements; guidelines
(Parking)
810.160Â Â Â Â Controlling
parking on highways; limitations
810.170Â Â Â Â Winter
recreation parking locations; plowing; priorities; enforcement
(Speeds)
810.180Â Â Â Â Designation
of maximum speeds; rules
(Traffic Control Devices)
810.200Â Â Â Â Uniform
standards for traffic control devices; uniform system of marking and signing
highways
810.210Â Â Â Â Placement
and control of traffic control devices
810.212Â Â Â Â Requirements
for certain speed limit signs
810.214Â Â Â Â Signs
prohibiting unmuffled engine brakes
810.220Â Â Â Â Exemption
from traffic control device specifications
810.230Â Â Â Â Unlawful
sign display; exceptions; penalty
810.240Â Â Â Â Unlawful
interference with traffic control device or railroad sign; penalty
810.245Â Â Â Â Signs
giving notice of consequences of traffic offenses committed in school zones
810.250Â Â Â Â Use
of traffic control device placement or legibility as evidence
810.260Â Â Â Â Standards
for installation, operation and use of traffic control signal operating
devices; rules
COURTS
(Security for Appearance)
810.300Â Â Â Â Security
for appearance on traffic crime
810.310Â Â Â Â Use
of license as security deposit
810.320Â Â Â Â Use
of guaranteed arrest bond certificate as security deposit
810.330Â Â Â Â Use
of automobile membership card as security deposit
(Jurisdiction and Procedures)
810.340Â Â Â Â Proceedings;
jurisdiction of financial responsibility requirements and suspension
810.350Â Â Â Â Procedures
for overloading and certain other violations
(Court-Related Offenses)
810.365Â Â Â Â Failure
to appear on certain parking offenses
(Records)
810.370Â Â Â Â Court
to forward traffic conviction records to department; exceptions
810.375Â Â Â Â Duties
of judges or court clerks
POLICE
(General Authority)
810.400Â Â Â Â Uniform
or badge required
810.410Â Â Â Â Arrest
and citation
810.415Â Â Â Â Removal
of vehicles, cargo or debris from roadway after accident
810.420Â Â Â Â Use
of speed measuring device; citation; training
810.425Â Â Â Â Procedure
in certain parking cases
810.430Â Â Â Â Movement
of illegally parked vehicles
(Photo Red Light)
810.434Â Â Â Â Photo
red light; operation; evaluation
810.435Â Â Â Â Use
of photographs
810.436Â Â Â Â Citations
based on photo red light; response to citation
(Photo Radar)
810.438Â Â Â Â Photo
radar authorized; evaluation
810.439Â Â Â Â Citations
based on photo radar; response to citation
(Temporary provisions relating to the use of photo radar within highway
work zones are compiled as notes following ORS 810.439)
(Security for Appearance)
810.440Â Â Â Â Security
for appearance of person arrested for traffic crime
810.450Â Â Â Â Security
for appearance of person issued citation
(Accident Reports)
810.460Â Â Â Â OfficerÂ’s
accident report; use
(Stops and Inspections)
810.480Â Â Â Â Inspections
involving vehicle dealers and dismantlers
810.490Â Â Â Â Weighing
and measuring vehicles; citation; reduction of load
810.500Â Â Â Â Stopping
and testing vehicles for equipment violations
810.510Â Â Â Â State
police inspection for mechanical condition and equipment
810.520Â Â Â Â Vehicle
repair warning
OTHER ENFORCEMENT OFFICIALS
810.530Â Â Â Â Authority
of weighmasters and motor carrier enforcement officers
810.540Â Â Â Â Enforcement
of snowmobile and all-terrain vehicles violations by persons other than police
officers
810.550Â Â Â Â Authority
of railroad officers to move illegally parked vehicles
810.560Â Â Â Â Certification
and training of commercial vehicle inspectors
ROAD AUTHORITIES
(Jurisdiction)
     810.010
Jurisdiction over highways; exception. This section designates the bodies responsible for exercising
jurisdiction over certain highways when the vehicle code requires the exercise
of jurisdiction by the road authority. This section does not control where a
specific section of the vehicle code specifically provides for exercising
jurisdiction in a manner different than provided by this section. Except as
otherwise specifically provided under the code, the responsibilities designated
under this section do not include responsibility for maintenance.
Responsibility for maintenance is as otherwise provided by law. The following
are the road authorities for the described roads:
     (1) The Department of Transportation is
the road authority for all state highways in this state including interstate
highways.
     (2) The county governing body is the road
authority for all county roads outside the boundaries of an incorporated city.
     (3) The governing body of an incorporated
city is the road authority for all highways, roads, streets and alleys, other
than state highways, within the boundaries of the incorporated city.
     (4) Any other municipal body, local board
or local body is the road authority for highways, other than state highways,
within its boundaries if the body or board has authority to adopt and
administer local police regulations over the highway under the Constitution and
laws of this state.
     (5) Any federal authority granted
jurisdiction over federal lands within this state under federal law or rule is
the road authority for highways on those lands as provided by the federal law
or rule. [1983 c.338 §145; 1985 c.16 §45]
     810.012
Jurisdiction over access to facilities and services from certain roads; rules. Notwithstanding any other provision of the
Oregon Vehicle Code, the Oregon Transportation Commission, by rule, may
establish procedures for, and certify to the Federal Highway Administration
compliance with, Federal Regulation 23 C.F.R. part 658 for roads under the
authority of cities and counties. [1991 c.283 §2]
(Roads)
     810.020
Regulating use of throughway.
(1) Each road authority may prohibit or restrict the use of a throughway in its
jurisdiction by any of the following:
     (a) Parades.
     (b) Bicycles or other nonmotorized
traffic.
     (c) Motorcycles or mopeds.
     (2) Regulation under this section becomes
effective when appropriate signs giving notice of the regulation are erected
upon a throughway and the approaches to the throughway.
     (3) Penalties for violation of
restrictions or prohibitions imposed under this section are provided under ORS
811.445.
     (4) The Oregon Transportation Commission
shall act as road authority under this section in lieu of the Department of
Transportation. [1983 c.338 §146]
     810.030
Imposition of restrictions on highway use; grounds; procedure; penalties. (1) A road authority may impose restrictions
described under this section on its own highways as the road authority
determines necessary to do any of the following:
     (a) Protect any highway or section of
highway from being unduly damaged.
     (b) Protect the interest and safety of the
general public.
     (2) Restrictions that may be imposed under
this section include any of the following:
     (a) Prohibition of the operation of any or
all vehicles or any class or kind of vehicle.
     (b) Imposing limits on any weight or
dimension of any vehicle or combination of vehicles.
     (c) Imposing any other restrictions that
the road authority determines necessary to achieve the purposes of this section.
This paragraph does not grant authority to impose speed restrictions.
     (3) Any restrictions or limitations
imposed under this section must be imposed by proper order. The restrictions or
limitations are effective when appropriate signs giving notice of the
restrictions or limitations are erected. A sign giving notice of a restriction
or limitation in an order shall be maintained in a conspicuous manner and shall
be placed at each end of the highway or section of highway affected by the
order and at such other places as is necessary to inform the public.
     (4) Penalties are provided under ORS
818.130 for violation of restrictions imposed under this section. [1983 c.338 §147;
1985 c.16 §46]
     810.040
Designation of truck routes; limitations. Each road authority may designate any of its highways or any section
of any of its highways as a truck route and may prohibit the operation of
trucks, machinery or any other large or heavy vehicles upon any other of its
highways that serves the same route or area served by the truck route
designated. The authority granted under this section is subject to all of the
following:
     (1) The governing body of an incorporated
city shall not designate a truck route or prohibit the operation of any vehicle
on a:
     (a) State highway that is within the
boundaries of the city without the written consent of the Department of
Transportation.
     (b) County road that is within the
boundaries of the city without the written consent of the governing body of the
county.
     (2) Any designation or prohibition made
under authority of this section must be imposed by appropriate order,
resolution or ordinance.
     (3) A road authority exercising authority
under this section shall erect and maintain signs in a conspicuous manner and
place at each end of the highway or section of highway where a designation or
prohibition is imposed to give notice of the prohibitions or designations
imposed. The road authority shall erect and maintain signs giving notice of any
prohibitions or designations imposed under this section at such other places as
may be necessary to inform the public.
     (4) A prohibition or designation imposed
under this section is effective when signs giving notice thereof are posted as
required by this section.
     (5) Penalties are provided under ORS 811.450
for violation of requirements imposed under this section. [1983 c.338 §148]
     810.050
Increase or decrease in size or weight limits on highways if federal mandate allows
or requires; rules. (1) The
Department of Transportation may authorize the movement on highways under its
jurisdiction of vehicles or combinations of vehicles of a size or weight in
excess of the limits under ORS 818.020, 818.090 or 818.110 if federal law
permits various states to establish size and weight limits in excess of those under
ORS 818.020, 818.090 or 818.110. The department shall exercise the authority
granted under this subsection subject to all of the following:
     (a) The department shall only establish
weight and size limits under this subsection within the limits necessary to
qualify for federal aid highway funds.
     (b) The department shall exercise the
authority either by adoption of a rule or resolution under ORS 810.060 or by
issuance of variance permits under ORS 818.200. When the department exercises
the authority under this paragraph, the weight limits or size limits
established under this subsection shall apply.
     (2) The department may by rule prohibit
the movement on highways under its jurisdiction of vehicles or combinations of
vehicles of a size or weight otherwise authorized by statute if the prohibition
is necessary in order to qualify for federal aid highway funds.
     (3) Road authorities other than the
department may increase or decrease size and weight limits on their own
highways if the department exercises the authority granted under this section.
The exercise of authority under this subsection is subject to all of the
following:
     (a) A road authority may not exercise the
authority to establish a size or weight limit that exceeds the maximum
authorized by the department or to prohibit vehicles or combinations of
vehicles that are not prohibited by the department under subsection (2) of this
section.
     (b) The road authority shall exercise the
authority either by adoption of a rule, resolution or ordinance under ORS
810.060 or by issuance of variance permits under ORS 818.200.
     (4) Penalties are provided under ORS
818.060 and 818.340 for violation of limits established under this section. [1983
c.338 §149; 1985 c.16 §47; 1993 c.510 §3]
     810.060
Increase in weight or size if highway found capable of supporting increase;
rules. A road authority
shall adopt a rule, resolution or ordinance to allow vehicles or combinations
of vehicles with a loaded weight in excess of the weight limitations
established by Table III under ORS 818.010 or a length or width in excess of
that authorized under ORS 818.080 and 818.090 to be operated over any highway
of the road authority if the road authority determines that the highway is
capable of carrying greater weight, length or width. The authority granted
under this section is subject to all of the following:
     (1) The authority may only be exercised by
rule, resolution or ordinance.
     (2) The authority does not allow any road
authority to authorize any vehicle to be operated over any highway if the
vehicle has a height in excess of that allowed under ORS 818.080 and 818.090.
     (3) The provisions of any rule, resolution
or ordinance adopted under this section may be amended, rescinded or repealed
at any time.
     (4) The provisions of any rule, resolution
or ordinance adopted under this section are subject to the maximum size, weight
and width limits established under ORS 810.050.
     (5) A rule, resolution or ordinance
adopted under this section shall fix the maximum loaded weight, length, width and
types and classes of vehicles or combinations of vehicles that may be operated
on the highway or highways or sections of highways described in the rule,
resolution or ordinance.
     (6) A duplicate original of a rule or
resolution adopted by the Department of Transportation under this section and
an amendment to or repeal of a rule or resolution by the department shall be
filed with the Secretary of State. This subsection does not require an
ordinance adopted by a city or county under this section to be filed with the
Secretary of State.
     (7) After the effective date of a rule,
resolution or ordinance adopted under this section, a variance permit under ORS
818.200 is not required for the operation upon the described highway of a
vehicle or combination of vehicles that is not in excess of the maximum loaded
weight, length or width fixed by the rule, resolution or ordinance for vehicles
or combinations of vehicles of that type or class.
     (8) Penalties are provided under ORS
818.060 for violation of limits established under this section. [1983 c.338 §150;
1985 c.16 §48]
     810.070
Use of golf carts on highways; rules. A road authority, on any of its own highways that are located adjacent
to a golf course, may permit the operation of golf carts between the golf course
and the place where golf carts are parked or stored or located within or
bounded by a real estate development. All of the following apply to the
authority granted under this section:
     (1) Exercise of the authority granted
under this section must be by means of an ordinance.
     (2) The authority granted under this
section may only be exercised where the combined operation of golf carts and
regular vehicle traffic can be accomplished safely.
     (3) A road authority shall prescribe rules
and shall regulate the combined operation of golf carts and vehicles when
permitted under this section. The rules may establish speed limits and other
operating standards but shall not require that golf carts conform with the
vehicle equipment laws under the vehicle code.
     (4) A designation of combined operation
under this section or rules instituted under this section are effective when
appropriate signs giving notice thereof are posted along the affected highway
and are not effective before such posting.
     (5) If a designation is made under this
section to permit combined operation, the golf carts operated in accordance
with the designation and rules adopted by the road authority qualifies for the
exemptions under ORS 820.210.
     (6) This section only applies to real
estate developments that have single or multiple family residences whose owners
or occupants are eligible for membership in or the use of one or more golf
courses within the development by virtue of ownership or occupancy of a
residential dwelling unit in the development.
     (7) This section neither grants authority
to nor limits the authority of the Department of Transportation. [1983 c.338 §151;
2003 c.757 §2]
     810.080
Pedestrian traffic. (1) Road
authorities may regulate the movement of pedestrians upon highways within their
jurisdictions by doing any of the following:
     (a) Establishing marked crosswalks and
designating them by appropriate marking.
     (b) Closing a marked or unmarked crosswalk
and prohibiting pedestrians from crossing a roadway where a crosswalk has been
closed by placing and maintaining signs giving notice of closure.
     (c) Prohibiting pedestrians from crossing
a highway at any place other than within a marked or unmarked crosswalk.
     (2) This section neither grants authority
to nor limits the authority of the Department of Transportation. [1983 c.338 §152]
     810.090
Bicycle racing. Bicycle
racing is permitted on any highway in this state upon the approval of, and
under conditions imposed by, the road authority for the highway on which the
race is held. [1983 c.338 §153]
     810.100
Restriction of animal traffic to bridle paths. Each incorporated community within this
state has power, by law or ordinance duly enacted, to regulate the use of its
streets by horses and other animals to the extent that bridle paths may be
designated upon certain streets and the animals may be prohibited on other
streets. [1983 c.338 §154]
     810.110
Designation of through highways and stop intersections. (1) Each road authority may do any of the
following on its own highways:
     (a) Designate a main traveled or through
highway by placing traffic control devices at the entrances to the highway from
intersecting highways to notify drivers to stop or yield the right of way
before entering or crossing the designated highway.
     (b) Designate intersections or other
roadway junctions at which vehicle traffic on one or more of the highways
should yield or stop before entering the intersection or junction.
     (2) The Oregon Transportation Commission
shall act as road authority under this section in lieu of the Department of
Transportation. [1983 c.338 §155]
     810.120
Designation of no passing zones. (1) Each road authority may do the following on its own highways:
     (a) Determine where overtaking or passing
or driving to the left of the center of the roadway would be especially
hazardous; and
     (b) Establish zones on the roadway where
overtaking or passing or driving to the left of the center of the roadway are
prohibited because such would be especially hazardous.
     (2) To establish a zone under this section,
a road authority must do all of the following:
     (a) Determine that a need for a zone
exists in accordance with standards and procedures adopted by the Department of
Transportation.
     (b) Mark the zone by appropriate signs or
by a yellow unbroken line on the pavement of the right-hand side of and
adjacent to the center line or a lane line of the roadway to indicate the
beginning and end of the zone.
     (3) Penalties are provided under ORS
811.420 for passing in a no passing zone designated under this section. [1983
c.338 §156]
     810.130
One-way highways; safety zones; turns. The Oregon Transportation Commission shall act as road authority under
this section in lieu of the Department of Transportation. Each road authority
may do any of the following on its own highways, subject to any limitations
described:
     (1) Designate a highway or section or
specific lane on a highway where vehicle traffic must proceed in one direction
at all times or at times indicated by traffic control devices. A designation
under this subsection shall become effective when appropriate signs are posted.
The authority granted by this subsection is subject to the following
limitations:
     (a) A local authority shall not designate
any highway within its boundaries as a one-way highway if the highway is under
the jurisdiction of the commission unless the local authority first obtains the
written consent of the commission.
     (b) A city shall not designate any highway
within its boundaries as a one-way highway if the highway is under the jurisdiction
of a county unless the city first obtains the written consent of the county.
     (2) Designate places on highways as safety
zones and regulate and control traffic with respect to the safety zones. A
designation under this subsection shall become effective when appropriate signs
are posted.
     (3) Where traffic conditions warrant,
prohibit right or left turns at intersections or prohibit U-turns by all
vehicles or by certain types of vehicles.
     (4) Require and direct that a different
course than that specified under ORS 811.340, 811.345 and 811.355 be traveled
by vehicles at or proceeding through intersections. A requirement under this
subsection is effective when appropriate traffic control devices are placed
within or adjacent to the intersections.
     (5) Designate locations on highways where
vehicles operated by districts described under ORS chapter 267 for the purpose
of providing public transportation or substantially similar vehicles used for
the same purpose may proceed in directions prohibited to other traffic.
Locations may be designated under this subsection only if an engineering study
indicates that the movement may be made safely in the designated area.
Designations under this subsection shall be effective when indicated by
appropriate official traffic control devices. [1983 c.338 §157; 1985 c.16 §49]
     810.140
Designation of exclusive use lanes. (1) Any road authority may designate lanes on its own highways that
are to be used exclusively by buses or high occupancy-use passenger vehicles
for the purpose of conserving energy and facilitating public transportation.
     (2) Any restriction or limitation imposed
under this section must be imposed by proper order. The restriction or
limitation is effective when appropriate signs giving notice of the restriction
or limitation are erected. A sign giving notice of a restriction or limitation
shall be maintained in a conspicuous manner and shall be placed at each end of
the highway or section of highway affected by the restriction or limitation and
at such other places as necessary to inform the public.
     (3) Penalties are provided under ORS
811.265 for failure to obey signs giving notice of any limitations or
restrictions imposed under this section. [1983 c.338 §158; 1985 c.16 §50]
     810.150
Drain construction; compliance with bicycle safety requirements; guidelines. (1) Street drains, sewer drains, storm
drains and other similar openings in a roadbed over which traffic must pass
that are in any portion of a public way, highway, road, street, footpath or
bicycle trail that is available for use by bicycle traffic shall be designed
and installed, including any modification of existing drains, with grates or
covers so that bicycle traffic may pass over the drains safely and without
obstruction or interference.
     (2) The Department of Transportation shall
adopt construction guidelines for the design of public ways in accordance with
this section. Limitations on the applicability of the guidelines are
established under ORS 801.030. [1983 c.338 §159]
(Parking)
     810.160
Controlling parking on highways; limitations. Except as otherwise provided in this section, each road authority has
exclusive authority to regulate, control or prohibit the stopping, standing and
parking of vehicles upon its own highways. The Oregon Transportation Commission
shall act as road authority under this section in lieu of the Department of
Transportation. The authority granted in this section is subject to all of the
following:
     (1) The commission has exclusive authority
to regulate, control or prohibit the stopping, standing and parking on all
state highways:
     (a) Within the corporate limits of a city
except where the highway is routed over a city street under ORS 373.010.
     (b) Within the corporate limits of any
city if access to or from the section of highway and real property abutting
thereon was restricted, controlled or prohibited by the commission before the
section of highway was included within the corporate limits of the city.
     (2) Road authorities other than the
commission may permit angle parking on any highway where parking is subject to
their jurisdiction under this section. For cities, this subsection includes
authority to permit angle parking on any city street selected and designated as
the route of a state highway under ORS 373.010 and, subject to the authority of
the commission under this section, any state highway within the corporate
limits of the city. This subsection does not allow any road authority to permit
angle parking on a state highway if the commission determines that the highway
is not of sufficient width to permit angle parking without interfering with the
free movement of traffic.
     (3) All regulations, restrictions or
prohibitions imposed by the commission under this section shall be by
resolution or order entered in the commissionÂ’s official records.
     (4) Regulations, restrictions or
prohibitions imposed by the commission under this section shall become
effective and have the force of law when signs or markings giving notice
thereof have been placed. To comply with this subsection, the commission shall
place and maintain appropriate signs or markings at such places as may be
necessary to inform the public and to give notice of all regulations,
restrictions or prohibitions the commission establishes under this section.
     (5) Penalties are provided under ORS
811.575 for violation of restrictions placed on state highways under this
section. [1983 c.338 §160]
     810.170
Winter recreation parking locations; plowing; priorities; enforcement. (1) The Oregon Transportation Commission
shall designate winter recreation parking locations throughout this state where
parking is prohibited under ORS 811.590 except for vehicles exempted under that
section and vehicles with winter recreation parking permits issued under ORS
811.595. The commission may identify access roads to winter recreation
facilities, roadside plow-outs and other areas as winter recreation parking
locations under this section. The commission shall designate winter recreation
parking locations under this section after consultation with the Winter
Recreation Advisory Committee established under ORS 802.350 and with land
management agencies managing adjacent land.
     (2) The commission shall establish
priorities for plowing the winter recreation parking locations established under
this section. The commission shall establish priorities under this section
after consultation with the Winter Recreation Advisory Committee established
under ORS 802.350. The Department of Transportation shall provide for the
removal of snow accumulating on winter recreation parking locations established
under this section according to the priorities established by the commission
under this section. Snow removal provided for under this subsection may be
performed by any of the following:
     (a) By the department itself.
     (b) By persons with whom the department
contracts. If the department contracts with persons for the removal of snow
under this paragraph payments under the contracts shall be made from funds
designated for that purpose under ORS 802.110.
     (3) The commission may enter into
agreements with county or municipal law enforcement agencies or individual
police officers for the enforcement of ORS 811.590. The commission shall only
enter into agreements under this subsection after consultation with the Winter
Recreation Advisory Committee established under ORS 802.350. [1983 c.338 §161]
(Speeds)
     810.180
Designation of maximum speeds; rules. (1) As used in this section:
     (a) “Designated speed” means the speed
that is designated by a road authority as the maximum permissible speed for a
highway and that may be different from the statutory speed for the highway.
     (b) “Statutory speed” means the speed that
is established as a speed limit under ORS 811.111, or is established as the
speed the exceeding of which is prima facie evidence of violation of the basic
speed rule under ORS 811.105.
     (2)(a) A designated speed established
under this section is a speed limit if the highway for which the speed is
designated is subject to a statutory speed limit under ORS 811.111 that is in
addition to the speed limit established under ORS 811.111 (1)(b).
     (b) A speed greater than a designated
speed established under this section is prima facie evidence of violation of
the basic speed rule if the designated speed is established for a highway on
which there is no speed limit other than the limit established under ORS
811.111 (1)(b).
     (3) The Department of Transportation may
establish by rule designated speeds on any specified section of interstate
highway if the department determines that speed limits established under ORS
811.111 (1) are greater or less than is reasonable or safe under the conditions
that exist with respect to that section of the interstate highway. Designated
speeds established under this subsection are subject to all of the following:
     (a) The department may not establish a
designated speed under this subsection of more than:
     (A) Sixty-five miles per hour for vehicles
described in ORS 811.111 (1)(b); and
     (B) Seventy miles per hour for all other
vehicles.
     (b) If the department establishes
designated speeds under this subsection that are greater than 65 miles per
hour, the designated speed for vehicles described in ORS 811.111 (1)(b) must be
at least five miles per hour lower than the designated speed for all other
vehicles on the specified section of interstate highway.
     (c) The department may establish a
designated speed under this subsection only if an engineering and traffic
investigation indicates that the statutory speed for the interstate highway is
greater or less than is reasonable or safe under conditions the department
finds to exist.
     (d) A designated speed established under
this subsection is effective when appropriate signs giving notice of the
designated speed are posted on the section of interstate highway where the
designated speed is imposed.
     (4)(a) The department may establish,
pursuant to a process established by rule, a designated speed on a state
highway outside of a city. The authority granted under this subsection
includes, but is not limited to, the authority to establish different
designated speeds for different kinds or classes of vehicles as the department
determines reasonable and safe. A designated speed established under this
subsection for any kind or class of vehicles may not exceed the speed limit for
the highway for that kind or class of vehicles as established in ORS 811.111
or, if there is no speed limit for the highway other than the limit established
in ORS 811.111 (1)(b), may not exceed 55 miles per hour.
     (b) The department may establish a
designated speed under this subsection only if an engineering and traffic
investigation indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department finds to exist.
     (c) A designated speed established under
this subsection is effective when appropriate signs giving notice of the
designated speed are posted on the portion of highway where the designated
speed is imposed.
     (5) After a written request is received
from a road authority for a highway other than a highway described in
subsection (3) or (4) of this section, the department, pursuant to a process
established by rule, may establish a designated speed for the highway. The
authority granted under this subsection includes, but is not limited to, the
authority to establish different designated speeds for different kinds or
classes of vehicles as the department determines reasonable and safe. The
authority granted under this subsection is subject to all of the following:
     (a) The written request from the road
authority must state a recommended designated speed.
     (b) The department may establish a
designated speed under this subsection only if an engineering and traffic
investigation indicates that the statutory speed for the highway is greater or
less than is reasonable or safe under conditions the department finds to exist.
     (c) The department may not make a final
decision to establish a designated speed under this subsection without
providing the affected road authorities with notice and opportunity for a
hearing.
     (d) A road authority may file a written
objection to a designated speed that is proposed by the department under this
subsection and that affects the road authority.
     (e) A designated speed established under this
subsection is effective when appropriate signs giving notice of the designated
speed are posted on the portion of the highway where the designated speed is
imposed. The expense of erecting any sign under this subsection shall be borne
by the road authority having jurisdiction over the portion of the highway where
the designated speed is imposed.
     (f) The department, pursuant to a process
established by rule, may delegate its authority under this subsection with
respect to highways that are low volume or unpaved to a city or county with
jurisdiction over the highway. The department shall delegate authority under
this paragraph only if it determines that the city or county will exercise the
authority according to criteria adopted by the department.
     (6) The department may override the speed
limit established for ocean shores under ORS 811.111 (1)(c) and establish a
designated speed of less than 25 miles per hour on any specified section of
ocean shore if the department determines that the speed limit established under
ORS 811.111 (1)(c) is greater than is reasonable or safe under the conditions
that exist with respect to that part of the ocean shore. The authority granted
under this subsection is subject to all of the following:
     (a) The department may make the
determination required under this subsection only on the basis of an
investigation.
     (b) A designated speed established under
this subsection is effective when posted upon appropriate fixed or variable
signs on the portion of ocean shore where the designated speed is imposed.
     (7) A road authority may adopt a
designated speed to regulate the speed of vehicles in parks under the
jurisdiction of the road authority. A road authority regulating the speed of
vehicles under this subsection shall post and maintain signs at all park
entrances to give notice of any designated speed.
     (8) A road authority may establish by
ordinance or order a temporary designated speed for highways in its
jurisdiction that is lower than the statutory speed. A temporary designated
speed may be established under this subsection if, in the judgment of the road
authority, the temporary designated speed is necessary to protect any portion
of the highway from being unduly damaged, or to protect the safety of the
public and workers when temporary conditions such as construction or
maintenance activities constitute a danger. The following apply to the
authority granted under this subsection:
     (a) Statutory speeds may be overridden by
a temporary designated speed only:
     (A) For a specific period of time for all
vehicles; or
     (B) For a specified period of time for a
specific kind or class of vehicle that is causing identified damage to
highways.
     (b) This subsection may not be used to
establish a permanent designated speed.
     (c) The authority granted by this
subsection may be exercised only if the ordinance or order that imposes the
temporary designated speed:
     (A) Specifies the hazard, damage or other
condition requiring the temporary designated speed; and
     (B) Is effective only for a specified time
that corresponds to the hazard, damage or other condition specified.
     (d) A temporary designated speed imposed
under this subsection must be imposed by a proper written ordinance or order. A
sign giving notice of the temporary designated speed must be posted at each end
of the portion of highway where the temporary designated speed is imposed and
at such other places on the highway as may be necessary to inform the public.
The temporary designated speed shall be effective when signs giving notice of
the temporary designated speed are posted.
     (9) A road authority may establish an
emergency speed on any highway under the jurisdiction of the road authority
that is different from the existing speed on the highway. The authority granted
under this subsection is subject to all of the following:
     (a) A speed established under this
subsection is effective when appropriate signs giving notice thereof are posted
upon the highway or portion of highway where the emergency speed is imposed.
All signs posted under this subsection must comply with ORS 810.200.
     (b) The expense of posting any sign under
this subsection shall be borne by the road authority having jurisdiction over
the highway or portion of highway where the emergency speed is imposed.
     (c) A speed established under this
subsection may be effective for not more than 120 days. [1983 c.338 §162; 1985
c.16 §51; 1987 c.887 §8; 1989 c.592 §3; 1991 c.728 §3; 1993 c.742 §118; 1995
c.79 §371; 1997 c.249 §227; 1999 c.59 §240; 2003 c.819 §2; 2005 c.77 §1; 2005
c.507 §1]
     810.190 [1983 c.338 §163; 1985 c.16 §52; repealed by
1993 c.742 §117]
(Traffic
Control Devices)
     810.200
Uniform standards for traffic control devices; uniform system of marking and
signing highways. (1) The
Oregon Transportation Commission may exercise the following authority with
respect to the marking, signing and use of traffic control devices in this
state:
     (a) The commission shall adopt a manual
and specifications of uniform standards for traffic control devices consistent
with the provisions of the vehicle code for use upon highways in this state.
     (b) The commission is authorized to
provide a uniform system of marking and signing highways within the boundaries
of this state.
     (c) The commission is authorized to
determine the character or type of traffic control devices to be used in this
state.
     (2) The authority granted under this
section is subject to all of the following:
     (a) The system of marking and signing
established under this section shall correlate with and, as far as possible,
conform to the system adopted in other states. The commission may include in
the system signs and signals that show internationally recognized and approved
symbols.
     (b) So far as practicable, all traffic
control devices in this state shall be uniform as to type and location.
     (c) All traffic control devices placed or
operated in this state shall conform to specifications approved by the
commission.
     (d) Stop signs and yield signs shall be
illuminated at night or so placed as to be illuminated by the headlights of
approaching vehicles or by street lights. [1983 c.338 §164; 1985 c.16 §53; 1993
c.522 §2]
     810.210
Placement and control of traffic control devices. (1) The Oregon Transportation Commission is
vested with exclusive jurisdiction over the installation at railroad-highway
grade crossings of signs, signals, gates, protective devices or any other
device to warn or protect the public at a railroad-highway crossing. The
commission is granted exclusive authority under this subsection to determine
the character or type of device to be used.
     (2) Each road authority shall place,
maintain and control traffic control devices used upon its own highway as the
road authority considers necessary for the safe and expeditious control of
traffic, necessary to carry out the provisions of the vehicle code or local
traffic ordinances or necessary to regulate, warn or guide traffic. The
commission shall act as road authority under this section in lieu of the
Department of Transportation. The authority granted under this subsection is
subject to all of the following:
     (a) All traffic control devices erected
and used under this subsection shall conform to the state manual and
specifications established under ORS 810.200.
     (b) The commission has general supervision
with respect to the placing, construction and operation of traffic control
devices under this subsection for the purpose of obtaining, so far as
practicable, uniformity as to type and location of traffic control devices
throughout the state.
     (c) Only the commission has authority over
a state highway whether or not the state highway is within the jurisdiction of
another road authority. No traffic control device shall be erected, maintained
or operated upon any state highway under this subsection by any authority other
than the commission, except with the written approval of the commission.
     (d) When the governing body of a city
makes a determination that placement or construction of a traffic control
device on a highway within the city selected as a state highway under ORS
373.010 is necessary to carry out the provisions of the vehicle code or to
regulate, warn or guide traffic, the city governing body shall submit written
findings and recommendations to the Director of Transportation in support of
placing or constructing the traffic control device on the state highway. If the
director approves the findings and recommendations, the director shall notify
the city governing body in writing and proceed to place or construct the
traffic control device in accordance with the findings and recommendations. If
the director does not notify the governing body of disapproval within 90 days
after receipt of the findings and recommendations, the findings and
recommendations shall be considered approved and the director shall proceed to
place or construct the traffic control device in accordance with the findings
and recommendations.
     (e) The commission is authorized to
classify, designate and mark both interstate and intrastate highways within the
boundaries of this state. [1983 c.338 §165; 1985 c.16 §54; 1993 c.522 §3; 1993
c.741 §84; 1995 c.733 §88]
     810.212
Requirements for certain speed limit signs. Any sign that is posted on a highway in this state that expresses a
speed limit in kilometers per hour shall also show the speed limit in miles per
hour. The limit in miles per hour shall be printed above the limit in
kilometers per hour and shall be of equal size lettering. [1993 c.284 §2]
     810.214
Signs prohibiting unmuffled engine brakes. (1) The Oregon Transportation Commission shall adopt uniform standards
for posting signs prohibiting the use of unmuffled engine brakes as described
in ORS 811.492.
     (2) The commission is authorized to
provide a uniform system of posting signs within the boundaries of the state.
Any sign posted shall inform the driver that the use of unmuffled engine
braking is prohibited and shall give the dollar amount of the maximum fine
provided for violation of ORS 811.492.
     (3) All signs placed shall conform to
specifications approved by the commission. The commission may use signs that
show internationally recognized and approved symbols. [1993 c.314 §11; 1999
c.1051 §228]
     810.220
Exemption from traffic control device specifications. Official traffic control devices placed or
constructed by road authorities before June 27, 1975, are not required to
conform to specifications and location criteria approved by the Oregon
Transportation Commission. Any new or amended specifications approved by the
commission under ORS 810.200 after June 27, 1975, for the placement or
construction of traffic control devices do not apply to such devices in place
on June 27, 1975. However within a reasonable period after June 27, 1975,
traffic control devices shall be altered or relocated to comply with the manual
and specifications under ORS 810.200. [1983 c.338 §166]
     810.230
Unlawful sign display; exceptions; penalty. (1) A person commits the offense of unlawful sign display if the
person does any of the following:
     (a) Without authority under ORS 810.200 or
810.210, places, maintains or displays upon or in view of any highway any sign,
signal, marking or device that:
     (A) Purports to be or is an imitation or
resembles an official traffic control device or railroad sign or signal;
     (B) Attempts to direct the movement of
animal, pedestrian, vehicle or any other traffic; or
     (C) Hides from view or interferes with the
effectiveness of a traffic control device or railroad sign or signal.
     (b) Places or maintains upon any highway
any traffic sign or signal bearing thereon any commercial advertising device.
     (2) This section does not prohibit the
placing and maintaining of signs, markers or signals bearing thereon the name
of an organization authorized to place the same by the appropriate public
authority.
     (3) Every prohibited sign, signal, marking
or device is hereby declared to be a public nuisance and the authority with
jurisdiction over the highway, without notice, may remove it or cause it to be
moved.
     (4) The offense described in this section,
unlawful sign display, is a Class B traffic violation. [1983 c.338 §708; 1985
c.16 §342; 1995 c.383 §41]
     810.240
Unlawful interference with traffic control device or railroad sign; penalty. (1) A person commits the offense of unlawful
interference with a traffic control device or railroad sign if the person,
without lawful authority and with criminal negligence, attempts to or does
alter, deface, injure, knock down or remove any traffic control device or any
railroad sign or signal or any inscription, shield or insignia thereon or any
other part thereof.
     (2) The offense described in this section,
unlawful interference with traffic control device or railroad sign, is a Class
A traffic violation. [1983 c.338 §709; 1995 c.383 §11]
     810.245
Signs giving notice of consequences of traffic offenses committed in school
zones. A road authority may
post signs designed to give motorists notice of the provisions of ORS 811.235.
The road authority may also develop procedures that enable individuals or
entities to petition and pay for the erection of signs described in this
section. [1997 c.682 §6]
     810.250
Use of traffic control device placement or legibility as evidence. (1) A person shall not be convicted of
violating a provision of the vehicle code for which an official traffic control
device is required if the device is not in proper position and legible to a
reasonably observant person at the time and place of the alleged violation.
     (2) Whenever a particular section of the
vehicle code does not state that traffic control devices are required, the
section is effective even though no devices are erected or in place.
     (3) When a traffic control device is
placed in position approximately conforming to the requirements of the traffic
regulations or other laws of this state, the device is presumed to have been
placed by an official act or at the direction of lawful authority unless the
contrary is established by competent evidence.
     (4) A traffic control device placed under
the vehicle code or other laws or regulations of this state and purporting to
conform to the lawful requirements pertaining to that device is presumed to
comply with the requirements of the vehicle code unless the contrary is
established by competent evidence. [1983 c.338 §167]
     810.260
Standards for installation, operation and use of traffic control signal
operating devices; rules.
(1) The Department of Transportation shall adopt standards for the
installation, operation and use of traffic control signal operating devices
authorized under ORS 815.445. In adopting standards, the department shall
consider the impact of traffic control signal operating devices on:
     (a) Safety.
     (b) The efficiency of emergency response
operations.
     (c) The requirements for traffic signal
maintenance.
     (d) The efficiency of public transit
operations.
     (e) Traffic flow.
     (2) The Department of Transportation shall
adopt rules establishing priorities and preemptive use among users of traffic
control signal operating devices. The rules shall take into account:
     (a) Local standards for response times to
emergencies by emergency service providers; and
     (b) The weight, operating speed and
braking distance required for vehicles operated by all authorized users. [1997
c.507 §5]
COURTS
(Security for
Appearance)
     810.300
Security for appearance on traffic crime. (1) A court, including a magistrate or clerk or deputy clerk
authorized by the magistrate, shall release a person brought before it if the
person gives an adequate undertaking to appear in answer to the offense at the
time and place fixed by the court. A court, as it deems appropriate, is
authorized to accept and may require any of the following as security for the
appearance of an arrested person before the court on a traffic crime:
     (a) An automobile membership card as
described under ORS 810.330 and subject to limitations under that section.
     (b) A guaranteed arrest bond certificate
as described under ORS 810.320 and subject to limitations under that section.
     (c) A license as described under ORS
810.310 and subject to limitations under that section.
     (d) Such sum as may be required by the
court.
     (2) A magistrate or clerk or deputy clerk
authorized by the magistrate has authority to accept security for the
appearance of a person arrested for a traffic crime and brought before the
magistrate or clerk or deputy clerk, as provided in this section. The following
apply to security that is accepted by a court under this section or that is
forwarded to a court by a police office under ORS 810.440 or 810.450:
     (a) The security shall be returned to the
person when the person delivers any security amount required by the court. The
court may require that any moneys deposited as security be applied against the
security amount set by the court.
     (b) If the magistrate does not have
jurisdiction of the crime, the magistrate shall promptly forward the security
accepted and all documents in connection with the case to the most conveniently
located court having jurisdiction of the crime and in which the venue may
properly be laid. [1983 c.338 §376; 1999 c.1051 §285]
     810.310
Use of license as security deposit. The current valid license of a person that is issued by this state is
acceptable, when authorized under ORS 810.300, as a security deposit for a
person on a traffic crime. The use of a license as security under this section
is subject to all of the following:
     (1) Upon acceptance of the license as
security, the magistrate or clerk or deputy clerk authorized by the magistrate
shall issue the person a court bail driver permit under ORS 807.330.
     (2) If the person appears at the time fixed,
the personÂ’s license shall be returned to the person unless taken up by the
court under ORS 809.275.
     (3) If the person fails to appear at the
time fixed, the court shall forward the license to the Department of
Transportation along with a notification that the person failed to appear and a
notification to suspend the driving privileges of the person. The department
shall take action on the license and notice as provided under ORS 809.280. [1983
c.338 §377; 1985 c.16 §196; 1993 c.627 §4; 1999 c.1051 §286]
     810.320
Use of guaranteed arrest bond certificate as security deposit. The unexpired guaranteed arrest bond
certificate, as defined in ORS 742.372, of a member of an automobile club or
automobile association is acceptable, when authorized under ORS 810.300,
810.440 or 810.450, as a security deposit for that member for any traffic
crime, other than a felony, if the security deposit required does not exceed
$1,000. The use of an unexpired guaranteed arrest bond certificate as a
security deposit under this section is subject to all of the following:
     (1) To qualify for use as a security
deposit, a guaranteed arrest bond certificate must have a surety company that
has become a surety on the certificate as provided under ORS 742.372 to
742.376.
     (2) If the individual does not make the
appearance, the surety for the certificate is subject on the undertaking of the
surety under ORS 742.374 to any forfeiture or enforcement provision of any
statute, charter or ordinance that otherwise applies to security deposits on
their undertaking. [1983 c.338 §378; 1985 c.16 §197; 1989 c.634 §4; 1999 c.1051
§287]
     810.330
Use of automobile membership card as security deposit. The unexpired membership card of any member
of an automobile association is acceptable as a security deposit for that
member as provided under this section. The use of an unexpired membership card
as security deposit is subject to the following:
     (1) The membership card may only be used
as a security deposit:
     (a) For the violation of any motor vehicle
law of this state or traffic crime of any city in this state if the security
amount in any individual case does not exceed $1,000; and
     (b) When authorized under ORS 810.300,
810.440 or 810.450.
     (2) To qualify for use as a security
deposit, the membership card must be the card of an automobile association
incorporated under the laws of this state that has deposited with and maintains
with the State Treasurer the sum of $2,000 in cash or in bonds approved by the
State Treasurer.
     (3) If a person deposits that person’s
membership card as a security deposit and the person fails or neglects to
appear in court at the time and place required, the magistrate or other officer
before whom the case is brought, upon declaring a forfeiture of the security
amount, shall at once notify the association of the forfeiture, and the amount
thereof, by mail.
     (4) The association, within five days
after the receipt of notice, under subsection (2) of this section, shall remit
the amount of the security amount so forfeited to the magistrate or other
officer. If the association fails or refuses to remit the security amount
within that period, the magistrate or other officer having the matter in charge
or the district attorney shall notify the State Treasurer, who shall:
     (a) Pay the security amount to the officer
or magistrate lawfully entitled to receive it;
     (b) Deduct that amount from the amount of
deposit with the State Treasurer by the association under this section; and
     (c) Immediately notify the association and
require it to deposit a like sum with the State Treasurer.
     (5) If the association fails or neglects
for a period of 10 days to comply with the notice of the treasurer under
subsection (3) of this section, the membership cards of such association shall
not thereafter be accepted as a security deposit while the default continues.
     (6) Upon the payment of the security
amount under this section by the association, the membership card so deposited
shall be immediately returned to the association by the officer who accepted it
as a security deposit. [1983 c.338 §379; 1989 c.634 §5; 1999 c.1051 §288]
(Jurisdiction
and Procedures)
     810.340
Proceedings; jurisdiction of financial responsibility requirements and
suspension. (1) All
proceedings concerning traffic offenses shall conform to the provisions of the
vehicle code and those provisions of ORS chapter 153 relating to traffic
offenses.
     (2) All circuit courts, municipal courts
and justices of the peace have concurrent jurisdiction, within their respective
city or county, of all violations of the provisions of the vehicle code
relating to financial responsibility requirements or the suspension of driving
privileges or registration. [1983 c.338 §380; 1985 c.16 §198; 1985 c.173 §5;
1985 c.725 §15; 1999 c.788 §60; 1999 c.1051 §141]
     810.350
Procedures for overloading and certain other violations. (1) For offenses described in this section,
a court or judicial officer:
     (a) Shall make the owner or lessee of the
vehicle a codefendant if appearance has not been made by the driver within 15
days of the date the driver was cited to appear in court.
     (b) May dismiss the charges against the
driver if the court finds:
     (A) That the owner or lessee of the
vehicle caused or permitted the driver to operate the vehicle or combination of
vehicles in violation of the offenses described in this section; and
     (B) That the owner or lessee is guilty of
violating any such provision.
     (2) This section applies to the following
offenses:
     (a) Operation without payment of
appropriate registration fees under ORS 803.315.
     (b) Violation of maximum weight limits
under ORS 818.020.
     (c) Violation of administratively imposed
weight or size limits under ORS 818.060.
     (d) Violation of maximum size limits under
ORS 818.090.
     (e) Exceeding maximum number of vehicles
under ORS 818.110.
     (f) Violation of posted limits on use of
road under ORS 818.130.
     (g) Violation of towing safety
requirements under ORS 818.160.
     (h) Operating a sifting or leaking load
under ORS 818.300.
     (i) Dragging objects on a highway under
ORS 818.320.
     (j) Unlawful use of devices without wheels
under ORS 815.155.
     (k) Unlawful use of metal objects on tires
under ORS 815.160.
     (L) Operation without pneumatic tires
under ORS 815.170.
     (m) Operation in violation of a vehicle
variance permit under ORS 818.340.
     (n) Failure to carry and display a permit
under ORS 818.350.
     (o) Failure to comply with commercial
vehicle enforcement requirements under ORS 818.400. [1983 c.338 §381]
     810.360 [1983 c.338 §383; repealed by 1999 c.1051 §32]
(Court-Related
Offenses)
     810.365
Failure to appear on certain parking offenses. If a vehicle owner cited under ORS 810.425
to appear in a circuit or justice court upon an alleged parking offense fails
to appear on or before the date and time stated on the citation, the court and
the Department of Transportation may take such actions as are otherwise
authorized by law under the Oregon Vehicle Code in the case of a failure to
appear, except that in no case may a warrant of arrest be issued nor a criminal
prosecution for failure to appear be commenced unless the citing or prosecuting
authority, more than 10 days prior thereto, has sent a letter to the registered
owner at the address shown upon the records of the department advising the
owner of the charge pending and informing the owner that the owner may be
subject to arrest if the owner does not appear in the court within 10 days to
answer the charge. The letter must be sent by certified mail, restricted
delivery, return receipt requested. A warrant of arrest may not be issued nor a
criminal prosecution for failure to appear be commenced if such a letter has
not been sent or if the owner appears in court to answer the charge within 10
days after receiving the letter. [1987 c.687 §3; 1995 c.658 §115; 1999 c.59 §241;
1999 c.1051 §289; 2003 c.14 §489]
(Records)
     810.370
Court to forward traffic conviction records to department; exceptions. (1) Within the time required by this section
of the conviction, every court with jurisdiction over the offenses described in
this section shall forward to the Department of Transportation a record of the
conviction of any person in such court for a violation of any of the following
that regulate the operation of motor vehicles on highways or streets:
     (a) Offenses committed under the vehicle
code or any other statute of this state.
     (b) Offenses committed under any municipal
ordinance.
     (2) To comply with this section, a court
must forward the record of conviction containing the date of any offense, any
arrest and conviction. The record must be forwarded to the department within 24
hours of the time the defendant was sentenced by the court.
     (3) A court is not required by this
section to forward to the department a record of conviction for violation of
any offense under any of the following sections: ORS 810.090, 811.555, 811.570,
811.580, 814.020 to 814.080, 814.120, 814.230, 814.410 to 814.480, 815.155,
815.160, 815.170, 818.020, 818.040, 818.060, 818.090, 818.110, 818.130,
818.160, 818.300, 818.320, 818.340, 818.350, 818.400, 820.400 or 822.220. [1983
c.338 §384; 1985 c.16 §199; 1987 c.138 §1]
     810.375
Duties of judges or court clerks. (1) The judge or clerk of every court of this state having
jurisdiction of any traffic offense, including all local and municipal judicial
officers in this state:
     (a) Shall keep a full record of every case
in which a person is charged with any such offense.
     (b) Shall send the Department of
Transportation an abstract of conviction for any person who is convicted.
     (c) Shall send the department a copy of
any final judgment of conviction of any person which results in mandatory
suspension or revocation of driving privileges or commercial driver license
under ORS 809.404, 809.407, 809.409, 809.411, 809.413, 813.400 or 813.403.
     (d) Shall send the department a copy of
any final judgment finding a person charged with a traffic offense guilty
except for insanity and committed to the jurisdiction of the Psychiatric
Security Review Board.
     (2) The department shall keep such records
in its office, and they shall be open to the inspection of any person during
reasonable business hours.
     (3) To comply with this section, a judge
or clerk must comply with the following:
     (a) Any information required by this
section to be sent to the department must be sent within the time provided
under ORS 810.370 and must include information required by ORS 810.370.
     (b) Information shall not be sent to the
department under this section concerning convictions excluded from ORS 810.370.
[Formerly 153.625; 2001 c.492 §8; 2003 c.402 §35; 2005 c.649 §18]
     810.380 [1985 c.744 §3; 1987 c.730 §19; 1987 c.904 §2;
repealed by 1987 c.905 §37]
POLICE
(General
Authority)
     810.400
Uniform or badge required.
Any police officer attempting to enforce the traffic laws of this state shall
be in uniform or shall conspicuously display an official identification card
showing the officer’s lawful authority. [1983 c.338 §399]
     810.410
Arrest and citation. (1) A
police officer may arrest or issue a citation to a person for a traffic crime
at any place within or outside the jurisdictional authority of the governmental
unit by which the police officer is authorized to act as provided by ORS
133.235 and 133.310.
     (2) A police officer may issue a citation
to a person for a traffic violation at any place within or outside the
jurisdictional authority of the governmental unit by which the police officer
is authorized to act:
     (a) When the traffic violation is
committed in the police officerÂ’s presence; or
     (b) When the police officer has probable
cause to believe an offense has occurred based on a description of the vehicle
or other information received from a police officer who observed the traffic
violation.
     (3) A police officer:
     (a) Shall not arrest a person for a
traffic violation.
     (b) May stop and detain a person for a
traffic violation for the purposes of investigation reasonably related to the
traffic violation, identification and issuance of citation.
     (c) May make an inquiry into circumstances
arising during the course of a detention and investigation under paragraph (b)
of this subsection that give rise to a reasonable suspicion of criminal
activity.
     (d) May make an inquiry to ensure the
safety of the officer, the person stopped or other persons present, including
an inquiry regarding the presence of weapons.
     (e) May request consent to search in
relation to the circumstances referred to in paragraph (c) of this subsection
or to search for items of evidence otherwise subject to search or seizure under
ORS 133.535.
     (f) May use the degree of force reasonably
necessary to make the stop and ensure the safety of the peace officer, the
person stopped or other persons present.
     (g) May make an arrest of a person as
authorized by ORS 133.310 (2) if the person is stopped and detained pursuant to
the authority of this section.
     (4) When a police officer at the scene of
a traffic accident has reasonable grounds, based upon the police officerÂ’s
personal investigation, to believe that a person involved in the accident has
committed a traffic offense in connection with the accident, the police officer
may issue to the person a citation for that offense. The authority under this
subsection is in addition to any other authority to issue a citation for a
traffic offense. [1983 c.338 §400; 1985 c.16 §212; 1991 c.720 §1; 1995 c.308 §1;
1997 c.682 §1; 1997 c.866 §§4,5; 1999 c.1051 §89]
     810.415
Removal of vehicles, cargo or debris from roadway after accident. A law enforcement officer who comes to the
scene of an accident described in ORS 811.700 may remove or direct the driver of
a vehicle involved in the accident to remove from the roadway any vehicle,
cargo or debris resulting from the accident. A person acting under the
authority granted by this section is not liable for damage to a vehicle, cargo
or debris caused by reasonable efforts at removal. [2003 c.410 §2]
     810.420
Use of speed measuring device; citation; training. (1) When the speed of a vehicle has been
checked by a speed measuring device, the driver of the vehicle may be stopped,
detained and issued a citation by a police officer if the officer is in uniform
and has either:
     (a) Observed the recording of the speed of
the vehicle by the device; or
     (b) Probable cause to detain based upon a
description of the vehicle or other information received from the officer who
has observed the speed of the vehicle recorded.
     (2) A police officer may not issue a
citation based on a speed measuring device unless the officer has taken and
passed a training course, approved by the law enforcement agency that employs
the officer, in the use of the speed measuring device. [1983 c.338 §401; 2001
c.444 §1]
     810.425
Procedure in certain parking cases. (1) In all prosecutions of the owner of a vehicle for violation of ORS
811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of any
parking regulations prescribed under ORS 276.002 or of an applicable ordinance,
it shall be sufficient for a police officer to charge the defendant by an
unsworn written notice if the notice clearly states:
     (a) The date, place and nature of the
charge.
     (b) The time and place for defendant’s
appearance in court.
     (c) The name of the issuing officer.
     (d) The license number of the vehicle.
     (2) The notice provided for in subsection
(1) of this section shall either be delivered to the defendant or placed in a
conspicuous place upon the vehicle involved in the violation. A duplicate
original of the notice shall serve as the complaint in the case when it is
filed with the court. In all other respects the procedure otherwise provided by
law in such cases shall be followed. Notwithstanding ORS 153.042, the issuing
officer need not have observed the act of parking, but need only have observed
that the vehicle appeared to be parked in violation of ORS 811.555 (1)(b),
811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), of any parking regulations
prescribed under ORS 276.002 or of an applicable ordinance.
     (3) A circuit court and a justice court
have concurrent jurisdiction over parking offenses committed within the county.
     (4) This section does not apply to prosecutions
under city ordinances but ORS 221.333 shall apply to such prosecutions. [1987
c.687 §2; 1995 c.658 §116; 1999 c.1051 §89a; 2007 c.175 §3]
     810.430
Movement of illegally parked vehicles. A police officer who finds a vehicle parked or standing upon a highway
in violation of ORS 811.555 or 811.570 may move the vehicle, cause it to be
moved or require the driver or person in charge of the vehicle to move it. The
authority to move vehicles under this section is in addition to any authority
under ORS 819.110 and 819.120. [1983 c.338 §402; 1995 c.758 §6]
(Photo Red
Light)
     810.434
Photo red light; operation; evaluation. (1) Any city may, at its own cost, operate cameras designed to
photograph drivers who violate ORS 811.265 by failing to obey a traffic control
device.
     (2) Cameras operated under this section
may be mounted on street lights or put in other suitable places.
     (3) A city that chooses to operate a
camera shall:
     (a) Provide a public information campaign
to inform local drivers about the use of cameras before citations are actually
issued; and
     (b) Once each biennium, conduct a process
and outcome evaluation for the purposes of subsection (4) of this section that
includes:
     (A) The effect of the use of cameras on
traffic safety;
     (B) The degree of public acceptance of the
use of cameras; and
     (C) The process of administration of the
use of cameras.
     (4) By March 1 of the year of each regular
session of the Legislative Assembly, each city that operates a camera under
this section shall present to the Legislative Assembly the process and outcome
evaluation conducted by the city under subsection (3) of this section. [1999
c.851 §1; 1999 c.1051 §327; 2001 c.474 §1; subsection (5) of 2001 Edition
enacted as 2001 c.474 §3; 2003 c.14 §491; 2003 c.339 §1; 2005 c.686 §1; 2007
c.640 §1]
     810.435
Use of photographs.
Photographs taken under ORS 810.434 may be submitted into evidence in a trial,
administrative proceeding or other judicial or quasi-judicial proceeding only
for the purpose of proving or disproving a violation of ORS 811.265. [2001
c.474 §4; 2003 c.14 §492; 2003 c.339 §2]
     810.436
Citations based on photo red light; response to citation. (1) Notwithstanding any other provision of
law, if a city chooses to operate a camera that complies with this section and
ORS 810.434, a citation for violation of ORS 811.265 may be issued on the basis
of photographs from a camera taken without the presence of a police officer if
the following conditions are met:
     (a) Signs are posted, so far as is
practicable, on all major routes entering the jurisdiction indicating that
compliance with traffic control devices is enforced through cameras.
     (b) For each traffic control device at
which a camera is installed, signs indicating that a camera may be in operation
at the device are posted before the device at a location near the device.
     (c) If the traffic control device is a
traffic light, the yellow light shows for at least the length of time
recommended by the standard set by the
     (d) The citation is mailed to the
registered owner of the vehicle, or to the driver if identifiable, within 10
business days of the alleged violation.
     (e) The registered owner is given 30 days
from the date the citation is mailed to respond to the citation.
     (f) A police officer who has reviewed the
photograph signs the citation. The citation may be prepared on a digital
medium, and the signature may be electronic in accordance with the provisions
of ORS 84.001 to 84.061.
     (2) If the person named as the registered
owner of a vehicle in the current records of the Department of Transportation
fails to respond to a citation issued under subsection (1) of this section, a
default judgment under ORS 153.102 may be entered for failure to appear after
notice has been given that the judgment will be entered.
     (3) A rebuttable presumption exists that
the registered owner of the vehicle was the driver of the vehicle when the
citation was issued and delivered as provided in this section.
     (4) A person issued a citation under
subsection (1) of this section may respond to the citation by submitting a
certificate of innocence or a certificate of nonliability under subsection (6)
of this section or any other response allowed by law.
     (5) A citation for violation of ORS 811.265
issued on the basis of photographs from a camera installed as provided in this
section and ORS 810.434 may be delivered by mail or otherwise to the registered
owner of the vehicle or to the driver if the driver is identifiable from the
photograph.
     (6)(a) A registered owner of a vehicle may
respond by mail to a citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a certificate of
innocence swearing or affirming that the owner was not the driver of the
vehicle and by providing a photocopy of the ownerÂ’s driver license. A
jurisdiction that receives a certificate of innocence under this paragraph
shall dismiss the citation without requiring a court appearance by the
registered owner or any other information from the registered owner other than
the swearing or affirmation and the photocopy. The citation may be reissued
only once, only to the registered owner and only if the jurisdiction verifies
that the registered owner appears to have been the driver at the time of the
violation. A registered owner may not submit a certificate of innocence in
response to a reissued citation.
     (b) If a business or public agency
responds to a citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged violation the vehicle was
in the custody and control of an employee or was in the custody and control of
a renter or lessee under the terms of a motor vehicle rental agreement or
lease, and if the business or public agency provides the driver license number,
name and address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The citation may then
be reissued and delivered by mail or otherwise to the employee, renter or
lessee identified in the certificate of nonliability.
     (7) The penalties for and all consequences
of a violation of ORS 811.265 initiated by the use of a camera installed as
provided in this section and ORS 810.434 are the same as for a violation
initiated by any other means.
     (8) A registered owner or an employee,
renter or lessee against whom a judgment for failure to appear is entered may
move the court to relieve the owner or the employee, renter or lessee from the
judgment as provided in ORS 153.105 if the failure to appear was due to
mistake, inadvertence, surprise or excusable neglect. [1999 c.851 §2; 2001
c.104 §305; 2001 c.474 §2; 2001 c.535 §30a; 2003 c.14 §493; 2003 c.339 §3; 2005
c.686 §2; 2007 c.640 §2]
(Photo Radar)
     810.438
Photo radar authorized; evaluation. (1) The following jurisdictions may, at their own cost, operate photo
radar:
     (a)
     (b)
     (c)
     (d)
     (e)
     (f)
     (g)
     (h)
     (i)
     (j) Tigard.
     (2) A photo radar system operated under
this section:
     (a) May be used on streets in residential
areas or school zones.
     (b) May be used in other areas if the
governing body of the city makes a finding that speeding has had a negative
impact on traffic safety in those areas.
     (c) May not be used for more than four
hours per day in any one location.
     (d) May not be used on controlled access
highways.
     (e) May not be used unless a sign is
posted announcing “Traffic Laws Photo Enforced.” The sign posted under this
paragraph must be all of the following:
     (A) On the street on which the photo radar
unit is being used.
     (B) Between 100 and 400 yards before the
location of the photo radar unit.
     (C) At least two feet above ground level.
     (3) A city that operates a photo radar
system under this section shall, once each biennium, conduct a process and
outcome evaluation for the purposes of subsection (4) of this section that
includes:
     (a) The effect of the use of the photo
radar system on traffic safety;
     (b) The degree of public acceptance of the
use of the photo radar system; and
     (c) The process of administration of the
use of the photo radar system.
     (4) By March 1 of the year of each regular
session of the Legislative Assembly:
     (a) The Department of Transportation shall
provide to the Legislative Assembly an executive summary of the process and
outcome evaluations conducted under subsection (3) of this section; and
     (b) Each city that operates a photo radar
system under this section shall present to the Legislative Assembly the process
and outcome evaluation conducted by the city under subsection (3) of this
section. [1995 c.579 §1; 1997 c.280 §1; 1999 c.1071 §1; 2005 c.686 §3; 2007
c.634 §1]
     810.439
Citations based on photo radar; response to citation. (1) Notwithstanding any other provision of
law, in the jurisdictions using photo radar:
     (a) A citation for speeding may be issued
on the basis of photo radar if the following conditions are met:
     (A) The photo radar equipment is operated
by a uniformed police officer.
     (B) The photo radar equipment is operated
out of a marked police vehicle.
     (C) An indication of the actual speed of
the vehicle is displayed within 150 feet of the location of the photo radar
unit.
     (D) Signs indicating that speeds are
enforced by photo radar are posted, so far as is practicable, on all major
routes entering the jurisdiction.
     (E) The citation is mailed to the
registered owner of the vehicle within six business days of the alleged
violation.
     (F) The registered owner is given 30 days
from the date the citation is mailed to respond to the citation.
     (G) The jurisdiction operating photo radar
complies with the requirements described in ORS 810.438.
     (b) A rebuttable presumption exists that
the registered owner of the vehicle was the driver of the vehicle when the
citation is issued and delivered as provided in this section.
     (c) A person issued a citation under this
subsection may respond to the citation by submitting a certificate of innocence
or a certificate of nonliability under subsection (3) of this section or may
make any other response allowed by law.
     (2) A citation issued on the basis of
photo radar may be delivered by mail or otherwise to the registered owner of
the vehicle or to the driver. The citation may be prepared on a digital medium,
and the signature may be electronic in accordance with the provisions of ORS
84.001 to 84.061.
     (3)(a) A registered owner of a vehicle may
respond by mail to a citation issued under subsection (1) of this section by
submitting a certificate of innocence within 30 days from the mailing of the
citation swearing or affirming that the owner was not the driver of the vehicle
and by providing a photocopy of the ownerÂ’s driver license. A jurisdiction that
receives a certificate of innocence under this paragraph shall dismiss the
citation without requiring a court appearance by the registered owner or any
other information from the registered owner other than the swearing or affirmation
and the photocopy. The citation may be reissued only once, only to the
registered owner and only if the jurisdiction verifies that the registered
owner appears to have been the driver at the time of the violation. A
registered owner may not submit a certificate of innocence in response to a
reissued citation.
     (b) If a business or public agency
responds to a citation issued under subsection (1) of this section by
submitting a certificate of nonliability within 30 days from the mailing of the
citation stating that at the time of the alleged speeding violation the vehicle
was in the custody and control of an employee or was in the custody and control
of a renter or lessee under the terms of a rental agreement or lease, and if
the business or public agency provides the driver license number, name and
address of the employee, renter or lessee, the citation shall be dismissed with
respect to the business or public agency. The citation may then be issued and
delivered by mail or otherwise to the employee, renter or lessee identified in
the certificate of nonliability.
     (4) If the person named as the registered
owner of a vehicle in the current records of the Department of Transportation
fails to respond to a citation issued under subsection (1) of this section, a
default judgment under ORS 153.102 may be entered for failure to appear after
notice has been given that the judgment will be entered.
     (5) The penalties for and all consequences
of a speeding violation initiated by the use of photo radar are the same as for
a speeding violation initiated by any other means.
     (6) A registered owner, employee, renter
or lessee against whom a judgment for failure to appear is entered may move the
court to relieve the owner, employee, renter or lessee from the judgment as
provided in ORS 153.105 if the failure to appear was due to mistake,
inadvertence, surprise or excusable neglect. [1995 c.579 §2; 1997 c.280 §2;
1999 c.1051 §142; 1999 c.1071 §2; 2005 c.22 §516; 2005 c.686 §4; 2007 c.634 §2]
     Note: Sections 4, 5 and 6, chapter 634, Oregon
Laws 2007, provide:
     Sec.
4. Highway work zone. (1)
The Department of Transportation may operate photo radar within a highway work
zone that is located on a state highway, except for a highway work zone located
on an interstate highway.
     (2) The department, at its own cost, may
ask a jurisdiction authorized to operate photo radar under ORS 810.438 (1) or
the Oregon State Police to operate a photo radar unit in a highway work zone on
a state highway, except for a highway work zone located on an interstate
highway.
     (3) A photo radar unit operated under this
section may not be used unless a sign is posted announcing that photo radar is
in use. The sign posted under this subsection must be all of the following:
     (a) Located on the state highway on which
the photo radar unit is being used.
     (b) Between 100 and 400 yards before the
location of the photo radar unit.
     (4) The department shall, once each
biennium, conduct a process and outcome evaluation for the purposes of
subsection (5) of this section that includes:
     (a) The effect of the use of photo radar
on traffic safety;
     (b) The degree of public acceptance of the
use of photo radar; and
     (c) The process of administration of the
use of photo radar.
     (5) The department shall report to the Legislative
Assembly by March 1 of each odd-numbered year.
     (6) As used in this section, “highway work
zone” has the meaning given that term in ORS 811.230. [2007 c.634 §4]
     Sec.
5. Highway work zone; citation.
(1) Notwithstanding any other provision of law, when a jurisdiction or the
Oregon State Police uses photo radar in a highway work zone:
     (a) A citation for speeding may be issued
on the basis of photo radar if the following conditions are met:
     (A) The photo radar unit is operated by a
uniformed police officer.
     (B) The photo radar unit is operated out
of a marked police vehicle.
     (C) An indication of the actual speed of
the vehicle is displayed within 150 feet of the location of the photo radar
unit.
     (D) The citation is mailed to the
registered owner of the vehicle within six business days of the alleged
violation.
     (E) The registered owner is given 30 days
from the date the citation is mailed to respond to the citation.
     (F) One or more highway workers are
present. For the purposes of this subparagraph, “highway workers” has the
meaning given that term in ORS 811.230.
     (G) The jurisdiction operating photo radar
complies with the requirements described in section 4 of this 2007 Act.
     (b) A rebuttable presumption exists that
the registered owner of the vehicle was the driver of the vehicle when the
citation is issued and delivered as provided in this section.
     (c) A person issued a citation under this
subsection may respond to the citation by submitting a certificate of innocence
or a certificate of nonliability under subsection (3) of this section or may
make any other response allowed by law.
     (2) A citation issued on the basis of
photo radar may be delivered by mail or otherwise to the registered owner of
the vehicle or to the driver. The citation may be prepared on a digital medium
and the signature may be electronic in accordance with the provisions of ORS
84.001 to 84.061.
     (3)(a) A registered owner of a vehicle may
respond by mail to a citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a certificate of
innocence swearing or affirming that the owner was not the driver of the
vehicle and by providing a photocopy of the ownerÂ’s driver license. A
jurisdiction that receives a certificate of innocence under this paragraph
shall dismiss the citation without requiring a court appearance by the
registered owner or any other information from the registered owner other than
the swearing or affirmation and the photocopy. The citation may be reissued
only once, only to the registered owner and only if the jurisdiction verifies
that the registered owner appears to have been the driver at the time of the
violation. A registered owner may not submit a certificate of innocence in
response to a reissued citation.
     (b) If a business or public agency
responds to a citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged speeding violation the
vehicle was in the custody and control of an employee, or was in the custody
and control of a renter or lessee under the terms of a rental agreement or
lease, and if the business or public agency provides the driver license number,
name and address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The citation may then
be issued and delivered by mail or otherwise to the employee, renter or lessee
identified in the certificate of nonliability.
     (4) If the person named as the registered
owner of a vehicle in the current records of the Department of Transportation
fails to respond to a citation issued under subsection (1) of this section, a
default judgment under ORS 153.102 may be entered for failure to appear after
notice has been given that the judgment will be entered.
     (5) The penalties for and all consequences
of a speeding violation initiated by the use of photo radar are the same as for
a speeding violation initiated by any other means.
     (6) A registered owner, employee, renter
or lessee against whom a judgment for failure to appear is entered may move the
court to relieve the registered owner, employee, renter or lessee from the
judgment as provided in ORS 153.105 if the failure to appear was due to
mistake, inadvertence, surprise or excusable neglect.
     (7) As used in this section, “highway work
zone” has the meaning given that term in ORS 811.230. [2007 c.634 §5]
     Sec.
6. Sections 4 and 5 of this
2007 Act are repealed on December 31, 2014. [2007 c.634 §6]
(Security for
Appearance)
     810.440
Security for appearance of person arrested for traffic crime. A police officer may take security for the
appearance of a person arrested for a traffic crime if it appears to the
officer that the arrested person might fail to appear in response to a
citation. Authority granted by this section is in addition to any authority to
accept security under ORS 810.450. The authority of an officer to take security
under this section is subject to all of the following:
     (1) Except as otherwise provided in this
section, an officer may only take security if there is no accessible magistrate
or clerk or deputy clerk authorized by the magistrate.
     (2) Except as otherwise provided in this
section, an officer may only accept as security the following, if the following
would be acceptable under ORS 810.300, for a security deposit for the offense
for which the arrest was made:
     (a) An unexpired automobile membership
card described under ORS 810.330; or
     (b) An unexpired guaranteed arrest bond
certificate described under ORS 810.320.
     (3) An officer may take security for
offenses described in this subsection whether or not there is an accessible
magistrate or clerk or deputy clerk authorized by the magistrate. This subsection
applies to the following offenses for which a jail sentence may be imposed:
     (a) Failure to comply with commercial
vehicle enforcement requirements under ORS 818.400.
     (b) Violation of posted weight limits
under ORS 818.040.
     (4) An officer who takes security under
this section shall give a receipt for the security accepted and shall issue the
person a citation to appear before a court having jurisdiction of the offense.
     (5) An officer shall promptly cause any
security accepted under this section to be delivered to the court for
disposition as provided under ORS 810.300. [1983 c.338 §403; 1985 c.16 §213;
1999 c.1051 §290]
     810.450
Security for appearance of person issued citation. A police officer who issues a citation for
violation of an offense described in this section may accept security for the
appearance of the person cited. Authority granted by this section is in
addition to any authority to accept security under ORS 810.440. The authority
of an officer to take security under this section is subject to all of the
following:
     (1) The officer may only accept security
under this section for offenses described under ORS 810.530, other than the
following:
     (a) Violation of manufactured structure
trip permit requirements under ORS 820.570.
     (b) Violation of a provision of ORS
chapter 825.
     (c) Failure to comply with commercial
vehicle enforcement requirements under ORS 818.400.
     (d) Violation of posted weight limits
under ORS 818.040.
     (2) An officer shall give a receipt for
the security accepted along with the citation to appear before a court having
jurisdiction of the offense.
     (3) The officer shall promptly cause the
security to be delivered to the court for disposition as provided under ORS
810.300. [1983 c.338 §404; 1985 c.16 §214]
(Accident Reports)
     810.460
OfficerÂ’s accident report; use.
(1) A police officer shall submit a report to the Department of Transportation
whenever the officer does any of the following:
     (a) Investigates a vehicle accident which
ORS 811.725 or 822.600 requires to be reported.
     (b) Prepares a report of an accident
investigated at the time and place of the accident or by field interviews with
the participants or witnesses.
     (2) A police officer shall submit a report
required by this section to the department within 10 days of the investigation
or preparation of the report.
     (3) Police reports submitted to the
department under this section are subject to release or use as provided under
ORS 802.240. [1983 c.338 §406; 1985 c.16 §216; 1993 c.224 §4; 1993 c.751 §63;
1997 c.678 §12]
     810.470 [1983 c.338 §407; 1993 c.224 §5; 1993 c.751 §64;
1997 c.678 §13; repealed by 2005 c.195 §3]
(Stops and
Inspections)
     810.480
Inspections involving vehicle dealers and dismantlers. (1) A police officer, during normal business
hours, may inspect the records a vehicle dealer is required to keep under ORS
822.045 and vehicles included in the inventory or located on the premises of a
dealer issued a certificate under ORS 822.020. The inspections shall be limited
in scope to that necessary to determine compliance with the regulation of
dealers under the vehicle code and with vehicle title and registration
provisions under the vehicle code and for the purposes of identifying stolen
vehicles.
     (2) A police officer, at any time, may
inspect the books, records and inventory of and premises used by any business
issued a certificate under ORS 822.110 for the purpose of determining whether
the provisions relating to the regulation of dismantlers, rules adopted by the
Department of Transportation relating to the regulation of dismantlers and laws
relating to licensing, titling and wrecking of vehicles are being complied
with. Every business issued a certificate under ORS 822.110 shall be inspected
not less than two times each year. [1983 c.338 §408; 2005 c.654 §38]
     810.490
Weighing and measuring vehicles; citation; reduction of load. (1) Any police officer may stop, measure and
weigh any vehicle or combination of vehicles by means of either portable or
stationary measures and scales, and having reason to believe that any vehicle
or combination of vehicles, including any load thereon, is unlawful, or having
reason to believe that the combined weight or loaded weight of the vehicle
exceeds the registration weight for the vehicle, may require that such vehicle
or combination of vehicles be driven to the nearest public or certified scales,
in the event such scales are within five miles. When it is necessary for the
vehicle or combination of vehicles to reverse direction in order to proceed to
the scales, the police officer shall assist the driver of the vehicle or
combination of vehicles so that the turning movement can be made in safety.
     (2) If the police officer finds that the
vehicle or combination of vehicles, including any load thereon, is of any dimension
or has any weight not authorized by ORS 818.010, 818.020, 818.040, 818.060,
818.080, 818.090, 818.110 and 818.130 or not authorized by the terms of any
permit issued under ORS 818.200, the police officer shall require the driver to
move the vehicle or combination of vehicles to a suitable place and remain
standing while a Uniform Traffic Citation and Complaint is being issued and
until such portion of the load is removed as may be necessary to reduce any
dimension and any weight to the limits authorized by the statute or permit. All
material or goods removed from the load shall be removed and cared for by the
driver, chauffeur or owner of the vehicle or combination of vehicles at the
risk of the driver, chauffeur or owner of the vehicle.
     (3) The police officer may, within the
discretion of the officer, permit the driver to proceed without removing the
excess dimensions, or weights if the amount of excess weight does not exceed
the following:
______________________________________________________________________________
           Individual wheel                                            500           pounds
           Axle                                                            1,000           pounds
           Tandem axles                                              2,000           pounds
           Group of axles                                            3,000           pounds
           Vehicle or combination
           of vehicles                                                   4,000           pounds
______________________________________________________________________________
     (4) Discretionary action by the police
officer under this section does not relieve the driver or chauffeur and owner
of the vehicle or combination of vehicles of any criminal or other liability or
responsibility.
     (5) Failure to comply with a police
officerÂ’s directions under this section is subject to penalty under ORS
818.400. [1983 c.338 §409; 1985 c.16 §217; 1989 c.723 §17; 1991 c.284 §24; 1999
c.352 §3; 2007 c.50 §4]
     810.500
Stopping and testing vehicles for equipment violations. (1) A police officer may require the driver
of a vehicle or combination of vehicles to stop the vehicle or combination and
submit to tests by the officer as may be appropriate to determine if the
vehicle or combination:
     (a) Is being driven or moved on any street
or highway without having equipment required by the vehicle code or without the
equipment in proper condition and adjustment as required by the vehicle code;
or
     (b) Is in such unsafe condition as to
endanger any person.
     (2) A police officer must have reasonable
cause to require that a vehicle or combination be stopped and submitted to
tests under this section. [1983 c.338 §410]
     810.510
State police inspection for mechanical condition and equipment. (1) A state police officer may require a
person driving a vehicle or combination of vehicles on a street or highway to
stop and submit the vehicle or combination to an inspection of the mechanical
condition and equipment thereof at any location where members of the Oregon
State Police are conducting tests and inspections of vehicles and when signs
are displayed requiring such stop.
     (2) If a vehicle inspected under this
section is found to be in violation of any provision of the vehicle code, the
police officer may issue a vehicle repair warning described under ORS 810.520 to
the driver. The officer may, in lieu of the issuance of the vehicle repair
warning or in combination therewith, issue a citation or written warning for
the violation. [1983 c.338 §411; 1985 c.16 §218]
     810.520
Vehicle repair warning. (1)
A vehicle repair warning issued under ORS 810.510 shall:
     (a) Be in writing;
     (b) Require that the vehicle be placed in
a safe condition and its equipment in proper repair and adjustment;
     (c) Specify the particulars with reference
to condition, equipment, repair or adjustments required; and
     (d) Require that approval of the repair or
adjustment be obtained within 15 days.
     (2) Approval required by this section may
be obtained by presenting satisfactory proof to any office of the Oregon State
Police that the defect has been corrected.
     (3) If an owner or driver is issued a
vehicle repair warning described in this section, the vehicle described in the
warning:
     (a) Shall be brought into compliance with
the warning and within 15 days the owner or driver must secure approval of the
compliance; or
     (b) Shall not be operated upon the
highways of this state.
     (4) This section is not intended to
preclude the issuance of citations for equipment violations if repair or
adjustment required by a vehicle repair warning is not perfected within 15
days.
     (5) In lieu of compliance with this
section the vehicle shall not be operated on the highways of this state. [1983
c.338 §412; 1985 c.16 §219]
OTHER ENFORCEMENT
OFFICIALS
     810.530
Authority of weighmasters and motor carrier enforcement officers. (1) A weighmaster or motor carrier
enforcement officer in whose presence an offense described in this subsection
is committed may arrest or issue a citation for the offense in the same manner
as under ORS 810.410 as if the weighmaster or motor carrier enforcement officer
were a police officer. This subsection applies to the following offenses:
     (a) Violation of maximum weight limits
under ORS 818.020.
     (b) Violation of posted weight limits
under ORS 818.040.
     (c) Violation of administratively imposed
weight or size limits under ORS 818.060.
     (d) Violation of maximum size limits under
ORS 818.090.
     (e) Exceeding maximum number of vehicles
in combination under ORS 818.110.
     (f) Violation of posted limits on use of
road under ORS 818.130.
     (g) Violation of towing safety
requirements under ORS 818.160.
     (h) Operating with sifting or leaking load
under ORS 818.300.
     (i) Dragging objects on highway under ORS
818.320.
     (j) Unlawful use of devices without wheels
under ORS 815.155.
     (k) Unlawful use of metal objects on tires
under ORS 815.160.
     (L) Operation without pneumatic tires
under ORS 815.170.
     (m) Operation in violation of vehicle
variance permit under ORS 818.340.
     (n) Failure to carry and display permit
under ORS 818.350.
     (o) Failure to comply with commercial
vehicle enforcement requirements under ORS 818.400.
     (p) Violation of any provision of ORS
chapter 825.
     (q) Operation without proper fenders or
mudguards under ORS 815.185.
     (r) Vehicle operating without driving
privileges in violation of ORS 807.010 if the person is operating a commercial
motor vehicle and the person does not have a commercial driver license or does
not have an appropriate permit.
     (s) Violation driving while suspended or
revoked in violation of ORS 811.175 if the person is operating a commercial
motor vehicle while the personÂ’s commercial driver license is suspended or
revoked.
     (t) Failure to use vehicle traction tires
or chains in violation of ORS 815.140 if the person is operating a motor
vehicle subject to ORS chapter 825 or 826.
     (2) A weighmaster or motor carrier
enforcement officer in whose presence an offense described in this subsection
is committed by a person operating a commercial motor vehicle may issue a
citation for the offense. A weighmaster or motor carrier enforcement officer
who finds evidence that an offense described in this subsection has been
committed by a person operating a commercial motor vehicle or by a motor
carrier for which the person is acting as an agent may issue a citation for the
offense. A weighmaster or motor carrier enforcement officer issuing a citation
under this subsection has the authority granted a police officer issuing a
citation under ORS 810.410. A citation issued under this subsection to the
operator of a commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if the operator is
not the owner. This subsection applies to the following offenses, all of which
are Class A traffic violations under ORS 825.990 (1):
     (a) Repeatedly violating or avoiding any
order or rule of the Department of Transportation.
     (b) Repeatedly refusing or repeatedly
failing, after being requested to do so, to furnish service authorized by
certificate.
     (c) Refusing or failing to file the annual
report as required by ORS 825.320.
     (d) Refusing or failing to maintain
records required by the department or to produce such records for examination
as required by the department.
     (e) Failing to appear for a hearing after
notice that the carrierÂ’s certificate or permit is under investigation.
     (f) Filing with the department an
application that is false with regard to the ownership, possession or control
of the equipment being used or the operation being conducted.
     (g) Delinquency in reporting or paying any
fee, tax or penalty due to the department under ORS chapter 825 or 826.
     (h) Refusing or failing to file a deposit
or bond as required under ORS 825.506.
     (i) Failing to comply with the applicable
requirements for attendance at a motor carrier education program as required by
ORS 825.402.
     (3) A weighmaster or motor carrier
enforcement officer who finds evidence that a person operating a commercial
motor vehicle has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the offense in the
same manner as under ORS 810.410 as if the weighmaster or motor carrier
enforcement officer were a police officer.
     (4) The authority of a weighmaster or
motor carrier enforcement officer to issue citations or arrest under this
section is subject to ORS chapter 153.
     (5)(a) A person is a weighmaster for
purposes of this section if the person is a
     (b) A person is a motor carrier
enforcement officer under this section if the person is duly authorized as a
motor carrier enforcement officer by the Department of Transportation.
     (6) A weighmaster or motor carrier
enforcement officer may accept security in the same manner as a police officer
under ORS 810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum fixed as the
base fine for the offense.
     (7) A weighmaster or motor carrier
enforcement officer may arrest a person for the offense of failure to appear in
a violation proceeding under ORS 153.992 if the violation is based upon a
citation for any offense described in subsection (1) or (3) of this section
except those described in subsection (1)(p) of this section.
     (8) A weighmaster or motor carrier enforcement
officer may exercise the same authority as a police officer under ORS 810.490
to enforce vehicle requirements and detain vehicles. A person who fails to
comply with the authority of a weighmaster or motor carrier enforcement officer
under this subsection is subject to penalty under ORS 818.400. [1983 c.338 §414;
1985 c.16 §220; 1991 c.263 §1; 1993 c.741 §99; 1999 c.1051 §291; 2001 c.335 §7;
2001 c.520 §2; 2003 c.655 §119a]
     810.540
Enforcement of snowmobile and all-terrain vehicles violations by persons other
than police officers. Game
wardens and all other state law enforcement officers within their respective
jurisdictions shall enforce the provisions relating to snowmobiles and
all-terrain vehicles under ORS 821.190, 821.210, 821.220 and 821.240 to
821.290. The authority granted by this section to enforce laws relating to
snowmobiles and all-terrain vehicles is in addition to any authority of police
officers to enforce such laws. [1983 c.338 §415; 1987 c.217 §7; 1987 c.587 §23;
1989 c.991 §5a; 2007 c.71 §245]
     810.550
Authority of railroad officers to move illegally parked vehicles. When a regularly employed officer of a
railroad commissioned to act as a police officer by the Governor under ORS
131.880 finds a vehicle parked or standing upon any railroad track or within
seven and one-half feet of the nearest rail in violation of ORS 811.555, the
person may move the vehicle, cause it to be moved or require the driver or
person in charge of the vehicle to move it to a position more than seven and one-half
feet from the nearest rail. [1983 c.338 §416]
     810.560
Certification and training of commercial vehicle inspectors. Before an enforcement official may conduct
inspections of commercial vehicles, drivers or cargoes for purposes of
enforcing rules adopted under ORS 825.252 and 825.258, the official shall be
trained and certified as a commercial vehicle inspector by the Department of
Transportation. [1995 c.574 §3]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.