2007 Oregon Code - Chapter 811 :: Chapter 811 - Rules of the Road for Drivers
Chapter 811 —
Rules of the Road for Drivers
2007 EDITION
RULES OF THE ROAD FOR DRIVERS
DUTIES TO PEDESTRIANS AND BICYCLES
811.005Â Â Â Â Duty
to exercise due care
811.015Â Â Â Â Failure
to obey traffic patrol member; penalty
811.017Â Â Â Â Failure
to yield to traffic patrol member; penalty
811.020Â Â Â Â Passing
stopped vehicle at crosswalk; penalty
811.025Â Â Â Â Failure
to yield to pedestrian on sidewalk; penalty
811.028Â Â Â Â Failure
to stop and remain stopped for pedestrian; penalty
811.030Â Â Â Â Driving
through safety zone; penalty
811.035Â Â Â Â Failure
to stop and remain stopped for pedestrian who is blind; penalty
811.050Â Â Â Â Failure
to yield to rider on bicycle lane; penalty
811.055Â Â Â Â Failure
to yield to bicyclist on sidewalk; penalty
811.060Â Â Â Â Vehicular
assault of bicyclist or pedestrian; penalty
811.065Â Â Â Â Unsafe
passing of person operating bicycle; penalty
SPEED
(Basic Rule)
811.100Â Â Â Â Violation
of basic speed rule; penalty
811.105Â Â Â Â Speeds
that are evidence of basic rule violation
811.106Â Â Â Â Operation
of flashing light indicating children in school zone
811.108Â Â Â Â Relationship
between speed limits and basic rule
(Maximum Speeds)
811.109Â Â Â Â Penalties
for speed violations
811.111Â Â Â Â Violating
a speed limit; penalty
811.124Â Â Â Â Meaning
of “children are present” in ORS 811.111
(Racing)
811.125Â Â Â Â Speed
racing on highway; penalty
811.127Â Â Â Â Organizing
a speed racing event; penalty
(Impeding Traffic)
811.130Â Â Â Â Impeding
traffic; penalty
CARELESS AND RECKLESS DRIVING
811.135Â Â Â Â Careless
driving; penalty
811.140Â Â Â Â Reckless
driving; penalty
SPECIAL SAFETY MEASURES
811.145Â Â Â Â Failure
to yield to emergency vehicle or ambulance; penalty
811.147Â Â Â Â Failure
to maintain safe distance from emergency vehicle or ambulance; penalty
811.150Â Â Â Â Interference
with emergency vehicle or ambulance; penalty
811.155Â Â Â Â Failure
to stop for bus safety lights; penalty
811.157Â Â Â Â Report
by driver of violation of ORS 811.155; contents
811.159Â Â Â Â Law
enforcement agency response to report of violation of ORS 811.155
811.160Â Â Â Â Interference
with rail fixed guideway system operation; penalty
811.165Â Â Â Â Failure
to stop for passenger loading of public transit vehicle; penalty
811.167Â Â Â Â Failure
to yield right of way to transit bus; rules; penalty
OPEN CONTAINER VIOLATIONS
811.170Â Â Â Â Violation
of open container law; penalty
DISPOSING OF HUMAN WASTE
811.172Â Â Â Â Improperly
disposing of human waste; penalty
DRIVING WHILE SUSPENDED OR REVOKED
811.175Â Â Â Â Violation
driving while suspended or revoked; penalties
811.180Â Â Â Â Affirmative
defenses
811.182Â Â Â Â Criminal
driving while suspended or revoked; penalties
DRIVER OFFENSES INVOLVING PASSENGERS
811.190Â Â Â Â Operation
with obstructing passenger; penalty
811.195Â Â Â Â Having
passenger in trailer; penalty
811.200Â Â Â Â Carrying
dog on external part of vehicle; penalty
811.205Â Â Â Â Carrying
minor on external part of vehicle; penalty
811.207Â Â Â Â Legislative
findings
811.210Â Â Â Â Failure
to properly use safety belts; penalty
811.215Â Â Â Â Exemptions
from safety belt requirements
811.220Â Â Â Â Certificates
of exemption from safety belt requirement
811.225Â Â Â Â Failure
to maintain safety belts in working order; penalty
HIGHWAY WORK ZONES
811.230Â Â Â Â Definitions;
fine; notice
811.231Â Â Â Â Reckless
endangerment of highway workers; penalties
811.232Â Â Â Â Refusing
to obey flagger; penalty
811.233Â Â Â Â Failure
to yield right of way to highway worker; penalty
SCHOOL ZONE PENALTIES
811.235Â Â Â Â Fine
for traffic offenses in school zones
GENERAL DRIVING RULES
(Generally)
811.250Â Â Â Â Law
applicable to vehicles registered out of state
811.255Â Â Â Â Permitting
unlawful operation of vehicle; penalty
(Traffic Control Devices)
811.260Â Â Â Â Appropriate
driver responses to traffic control devices
811.265Â Â Â Â Failure
to obey traffic control device; penalty
811.270Â Â Â Â Failure
to obey one-way designation; penalty
(Right of Way)
811.275Â Â Â Â Failure
to yield right of way at uncontrolled intersection; penalty
811.277Â Â Â Â Failure
to yield right of way at uncontrolled T intersection; penalty
811.280Â Â Â Â Failure
of driver entering roadway to yield right of way; penalty
811.285Â Â Â Â Failure
of merging driver to yield right of way; penalty
811.290Â Â Â Â Obstructing
cross traffic; penalty
811.292Â Â Â Â Failure
to yield right of way within roundabout; exception; penalty
(Driving on the Right)
811.295Â Â Â Â Failure
to drive on right; exceptions; penalty
811.300Â Â Â Â Failure
to drive on right of approaching vehicle; exceptions; penalty
811.305Â Â Â Â Driving
on left on curve or grade or at intersection or rail crossing; exceptions;
penalty
811.310Â Â Â Â Crossing
center line on two-way, four-lane road; exceptions; penalty
811.315Â Â Â Â Failure
of slow driver to drive on right; exceptions; penalty
811.320Â Â Â Â Failure
to drive to right on divided highway; exceptions; penalty
811.325Â Â Â Â Failure
to keep camper, trailer or truck in right lane; exceptions; penalty
811.330
Driving
wrong way around traffic island; penalty
(Turning)
811.335Â Â Â Â Unlawful
or unsignaled turn; penalty
811.340Â Â Â Â Improperly
executed left turn; penalty
811.345Â Â Â Â Failure
to use special left turn lane; penalty
811.346Â Â Â Â Misuse
of special left turn lane; penalty
811.350Â Â Â Â Dangerous
left turn; penalty
811.355Â Â Â Â Improperly
executed right turn; penalty
811.360Â Â Â Â When
vehicle turn permitted at stop light; improper turn at stop light; penalty
811.365
Illegal
U-turn; penalty
(Lane Use)
811.370Â Â Â Â Failure
to drive within lane; penalty
811.375Â Â Â Â Unlawful
or unsignaled change of lane; penalty
811.380Â Â Â Â Improper
use of center lane on three-lane road; penalty
811.385
Depriving
motorcycle or moped of full lane; penalty
(Signaling)
811.390Â Â Â Â Unlawful
use of lights to signal for passing; penalty
811.395Â Â Â Â Appropriate
signals for stopping, turning, changing lanes and decelerating
811.400Â Â Â Â Failure
to use appropriate signal for turn, lane change, stop or exit from roundabout;
penalty
811.405
Failure
to signal with lights; exceptions; penalty
(Passing)
811.410Â Â Â Â Unsafe
passing on left; penalty
811.415Â Â Â Â Unsafe
passing on right; penalty
811.420Â Â Â Â Passing
in no passing zone; exceptions; penalty
811.425
Failure
of slower driver to yield to overtaking vehicle; penalty
(Prohibited Places)
811.430Â Â Â Â Driving
on highway divider; exceptions; penalty
811.435Â Â Â Â Operation
of motor vehicle on bicycle trail; exemptions; penalty
811.440Â Â Â Â When
motor vehicles may operate on bicycle lane
811.445Â Â Â Â Use
of throughway when prohibited; penalty
811.450
Violation
of posted truck routes; defense; penalty
(Rail Crossings)
811.455Â Â Â Â Failure
to stop for railroad signal; penalty
811.460Â Â Â Â Failure
to follow rail crossing procedures for high-risk vehicles; application; penalty
811.462Â Â Â Â Failure
of operator of commercial motor vehicle to slow down and check tracks; penalty
811.465Â Â Â Â Exemptions
from high-risk vehicle rail crossing procedures
811.470Â Â Â Â Improper
movement of heavy equipment across rail crossing; application; penalty
811.475
Obstructing
rail crossing; penalty
(Miscellaneous)
811.480Â Â Â Â Illegal
backing; penalty
811.483Â Â Â Â Safety
corridors; penalty
811.485Â Â Â Â Following
too closely; penalty
811.490Â Â Â Â Improper
opening or leaving open of vehicle door; penalty
811.492Â Â Â Â Engine
braking; penalty; exception
811.495Â Â Â Â Unlawful
coasting on downgrade; exception; penalty
811.500Â Â Â Â Unlawful
stop or deceleration; penalty
811.505Â Â Â Â Failure
to stop when emerging from alley, driveway or building; penalty
811.507Â Â Â Â Operating
motor vehicle while using mobile communication device; penalty
811.510Â Â Â Â Dangerous
operation around livestock; penalty
811.512Â Â Â Â Unlawfully
operating low-speed vehicle on highway; penalty
811.514Â Â Â Â Unlawfully
operating racing activity vehicle on highway; penalty
USE OF LIGHTS AND WARNINGS
(Lights)
811.515Â Â Â Â When
lights must be displayed; kind of light; number; direction; use on certain
vehicles
811.520Â Â Â Â Unlawful
use or failure to use lights; penalty
811.525Â Â Â Â Exemptions
from requirements for use of lights
811.526Â Â Â Â Safety
campaign for use of headlights
(Flares)
811.530
Failure
to post warnings for disabled vehicle; application; penalty
OBEYING POLICE
811.535Â Â Â Â Failing
to obey police officer; penalty
811.540
Fleeing
or attempting to elude police officer; penalty
PARKING, STOPPING AND STANDING
(Generally)
811.550Â Â Â Â Places
where stopping, standing and parking prohibited
811.555Â Â Â Â Illegal
stopping, standing or parking; affirmative defense; penalty
811.560Â Â Â Â Exemptions
from prohibitions on stopping, standing and parking
811.565Â Â Â Â Dangerous
movement of stopped, standing or parked vehicle; penalty
811.570Â Â Â Â Improperly
positioning parallel parked vehicle; exception; affirmative defense; penalty
811.575Â Â Â Â Violation
of posted parking restrictions on state highways; affirmative defense; penalty
811.580Â Â Â Â Parking
vehicle on state highway for vending purposes; penalty
811.585
Failure
to secure motor vehicle; affirmative defense; penalty
(Winter Recreation Parking Areas)
811.590Â Â Â Â Unlawful
parking in winter recreation parking area; exemptions; penalty
811.595Â Â Â Â Winter
recreation parking permit; rules; fees
811.600
Fees for
winter recreation parking permits
(Parking for Persons With Disabilities)
811.602Â Â Â Â Disabled
person parking permit; content; rules
811.603Â Â Â Â Identification
card without photograph; issuance; rules
811.604Â Â Â Â Application
for disabled person parking permit
811.605Â Â Â Â Contents
of individual placard or decal
811.606Â Â Â Â Parking
permit for person with temporary disability
811.607Â Â Â Â Program
placards; rules
811.609Â Â Â Â Family
placards
811.611Â Â Â Â Foreign
visitor placard
811.612Â Â Â Â Maintenance
of privileges after relocation
811.613Â Â Â Â Wheelchair
User placard; rules
811.615Â Â Â Â Unlawful
parking in space reserved for persons with disabilities; exceptions; penalty
811.617Â Â Â Â Blocking
parking space reserved for persons with disabilities; penalty
811.620Â Â Â Â Removal
of vehicle illegally parked in space reserved for persons with disabilities
811.625Â Â Â Â Unlawful
use of disabled person parking permit; penalty
811.627Â Â Â Â Use
of invalid disabled person parking permit; penalty
811.630Â Â Â Â Misuse
of program placard; penalty
811.632Â Â Â Â Appointment
of volunteers to issue citations
811.635Â Â Â Â Privileges
granted by disabled person parking permit other than program placard
811.637Â Â Â Â Privileges
granted by program placards
ACCIDENTS
(Duties)
811.700Â Â Â Â Failure
to perform duties of driver when property is damaged; penalty
811.705Â Â Â Â Failure
to perform duties of driver to injured persons; penalty
811.706Â Â Â Â Money
damages resulting from violation of ORS 811.700 or 811.705
811.707Â Â Â Â Crime
classification for violation of ORS 811.705
811.710Â Â Â Â Failure
to perform duties of driver when animal is injured; penalty
811.715Â Â Â Â Failure
to perform duties of witness to accident; penalty
811.717Â Â Â Â Failure
to remove motor vehicle from highway; penalty
(Reports)
811.720Â Â Â Â When
accident must be reported
811.725Â Â Â Â Driver
failure to report accident; penalty
811.730Â Â Â Â Owner
failure to report accident; penalty
811.735Â Â Â Â Failure
of vehicle occupant to make accident report; penalty
811.740
False
accident report; penalty
FUNERAL PROCESSIONS
811.800Â Â Â Â Operation
of funeral vehicles with improper lights; penalty
811.802Â Â Â Â Failure
to yield right of way to funeral procession; penalty
811.804Â Â Â Â Intersection
rules for funeral processions
811.806Â Â Â Â Exceeding
maximum speed for funeral procession; penalty
811.808Â Â Â Â Exemption
from speed limits for funeral escort vehicle
811.810Â Â Â Â Disrupting
funeral procession; penalty
811.812Â Â Â Â Free
passage for funeral procession vehicles
DUTIES TO PEDESTRIANS AND BICYCLES
     811.005 Duty to exercise due care. None of the provisions of the vehicle code
relieve a pedestrian from the duty to exercise due care or relieve a driver
from the duty to exercise due care concerning pedestrians. [1983 c.338 §543]
     811.010 [1983 c.338 §544; 1985 c.16 §279; 2003 c.278
§1; repealed by 2005 c.746 §4]
     811.015
Failure to obey traffic patrol member; penalty. (1) The driver of a vehicle commits the
offense of failure to obey a traffic patrol member if:
     (a) A traffic patrol member makes a
cautionary sign or signal to indicate that students have entered or are about
to enter the crosswalk under the traffic patrol memberÂ’s direction; and
     (b) The driver does not stop and remain
stopped for students who are in or entering the crosswalk from either direction
on the street on which the driver is operating.
     (2) Traffic patrol members described in
this section are those provided under ORS 339.650 to 339.665.
     (3) The offense described in this section,
failure to obey a traffic patrol member, is a Class A traffic violation. [1983
c.338 §545; 1995 c.383 §12; 2003 c.278 §2]
     811.017
Failure to yield to traffic patrol member; penalty. (1) The driver of a vehicle commits the
offense of failure to yield to a traffic patrol member if the driver fails to
stop and yield the right of way to a traffic patrol member who:
     (a) Has entered a crosswalk for the
purpose of directing students who have entered or are about to enter the
crosswalk; and
     (b) Is carrying a flag or wearing
something that identifies the person as a traffic patrol member.
     (2) For purposes of this section, “traffic
patrol” has the meaning given that term in ORS 339.650.
     (3) The offense described in this section,
failure to yield to a traffic patrol member, is a Class A traffic violation. [2003
c.557 §2]
     811.020
Passing stopped vehicle at crosswalk; penalty. (1) The driver of a vehicle commits the
offense of passing a stopped vehicle at a crosswalk if the driver:
     (a) Approaches from the rear another
vehicle that is stopped at a marked or an unmarked crosswalk at an intersection
to permit a pedestrian to cross the roadway; and
     (b) Overtakes and passes the stopped
vehicle.
     (2) The offense described in this section,
passing a stopped vehicle at a crosswalk, is a Class B traffic violation. [1983
c.338 §546]
     811.025
Failure to yield to pedestrian on sidewalk; penalty. (1) The driver of a vehicle commits the
offense of failure to yield to a pedestrian on a sidewalk if the driver does
not yield the right of way to any pedestrian on a sidewalk.
     (2) The offense described in this section,
failure to yield to a pedestrian on a sidewalk, is a Class B traffic violation.
[1983 c.338 §547; 1995 c.383 §42]
     811.028
Failure to stop and remain stopped for pedestrian; penalty. (1) The driver of a vehicle commits the
offense of failure to stop and remain stopped for a pedestrian if the driver
does not stop and remain stopped for a pedestrian when the pedestrian is:
     (a) Proceeding in accordance with a
traffic control device as provided under ORS 814.010 or crossing the roadway in
a crosswalk, as defined in ORS 801.220; and
     (b) In any of the following locations:
     (A) In the lane in which the driver’s
vehicle is traveling;
     (B) In a lane adjacent to the lane in
which the driverÂ’s vehicle is traveling;
     (C) In the lane into which the driver’s
vehicle is turning;
     (D) In a lane adjacent to the lane into
which the driverÂ’s vehicle is turning, if the driver is making a turn at an
intersection that does not have a traffic control device under which a
pedestrian may proceed as provided under ORS 814.010; or
     (E) Less than six feet from the lane into
which the driverÂ’s vehicle is turning, if the driver is making a turn at an
intersection that has a traffic control device under which a pedestrian may
proceed as provided under ORS 814.010.
     (2) For the purpose of this section, a bicycle
lane or the part of a roadway where a vehicle stops, stands or parks that is
adjacent to a lane of travel is considered to be part of that adjacent lane of
travel.
     (3) This section does not require a driver
to stop and remain stopped for a pedestrian under any of the following
circumstances:
     (a) Upon a roadway with a safety island,
if the driver is proceeding along the half of the roadway on the far side of
the safety island from the pedestrian; or
     (b) Where a pedestrian tunnel or overhead
crossing has been provided at or near a crosswalk.
     (4) The offense described in this section,
failure to stop and remain stopped for a pedestrian, is a Class B traffic
violation. [2005 c.746 §2]
     Note: 811.028 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     811.030
Driving through safety zone; penalty. (1) The driver of a vehicle commits the offense of driving through a
safety zone if the driver at any time drives through or within any area or
space officially set apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
     (2) The offense described in this section,
driving through a safety zone, is a Class B traffic violation. [1983 c.338 §548;
1995 c.383 §43]
     811.035
Failure to stop and remain stopped for pedestrian who is blind; penalty. (1) The driver of a vehicle commits the
offense of failure to stop and remain stopped for a pedestrian who is blind if
the driver violates any of the following:
     (a) A driver approaching a pedestrian who
is blind or blind and deaf, who is carrying a white cane or accompanied by a
dog guide, and who is crossing or about to cross a roadway, shall stop and
remain stopped until the pedestrian has crossed the roadway.
     (b) Where the movement of vehicular
traffic is regulated by traffic control devices, a driver approaching a
pedestrian who is blind or blind and deaf shall stop and remain stopped until
the pedestrian has vacated the roadway if the pedestrian has entered the
roadway and is carrying a white cane or is accompanied by a dog guide. This
paragraph applies notwithstanding any other provisions of the vehicle code
relating to traffic control devices.
     (2) This section is subject to the
provisions and definitions relating to the rights of pedestrians who are blind
or blind and deaf under ORS 814.110.
     (3) The offense described in this section,
failure to stop and remain stopped for a pedestrian who is blind, is a Class B
traffic violation. [1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3; 2007 c.70 §329]
     811.040 [1983 c.338 §550; 1985 c.16 §281; 2003 c.278
§4; repealed by 2005 c.746 §4]
     811.045 [1983 c.338 §551; 2003 c.278 §5; repealed by
2005 c.746 §4]
     811.050
Failure to yield to rider on bicycle lane; penalty. (1) A person commits the offense of failure
of a motor vehicle operator to yield to a rider on a bicycle lane if the person
is operating a motor vehicle and the person does not yield the right of way to
a person operating a bicycle, electric assisted bicycle, electric personal
assistive mobility device, moped, motor assisted scooter or motorized
wheelchair upon a bicycle lane.
     (2) This section does not require a person
operating a moped to yield the right of way to a bicycle or a motor assisted
scooter if the moped is operated on a bicycle lane in the manner permitted
under ORS 811.440.
     (3) The offense described in this section,
failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a
Class B traffic violation. [1983 c.338 §698; 1985 c.16 §336; 1991 c.417 §4;
1997 c.400 §8; 2001 c.749 §23; 2003 c.341 §7]
     811.055
Failure to yield to bicyclist on sidewalk; penalty. (1) The driver of a motor vehicle commits
the offense of failure to yield the right of way to a bicyclist on a sidewalk
if the driver does not yield the right of way to any bicyclist on a sidewalk.
     (2) The driver of a motor vehicle is not
in violation of this section when a bicyclist is operating in violation of ORS
814.410. Nothing in this subsection relieves the driver of a motor vehicle from
the duty to exercise due care.
     (3) The offense described in this section,
failure to yield the right of way to a bicyclist on a sidewalk, is a Class B
traffic violation. [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44]
     811.060
Vehicular assault of bicyclist or pedestrian; penalty. (1) For the purposes of this section, “recklessly”
has the meaning given that term in ORS 161.085.
     (2) A person commits the offense of
vehicular assault of a bicyclist or pedestrian if:
     (a) The person recklessly operates a
vehicle upon a highway in a manner that results in contact between the personÂ’s
vehicle and a bicycle operated by a person, a person operating a bicycle or a
pedestrian; and
     (b) The contact causes physical injury to
the person operating a bicycle or the pedestrian.
     (3) The offense described in this section,
vehicular assault of a bicyclist or pedestrian, is a Class A misdemeanor. [2001
c.635 §5]
     811.065
Unsafe passing of person operating bicycle; penalty. (1) A driver of a motor vehicle commits the
offense of unsafe passing of a person operating a bicycle if the driver
violates any of the following requirements:
     (a) The driver of a motor vehicle may only
pass a person operating a bicycle by driving to the left of the bicycle at a
safe distance and returning to the lane of travel once the motor vehicle is
safely clear of the overtaken bicycle. For the purposes of this paragraph, a “safe
distance” means a distance that is sufficient to prevent contact with the
person operating the bicycle if the person were to fall into the driverÂ’s lane
of traffic. This paragraph does not apply to a driver operating a motor
vehicle:
     (A) In a lane that is separate from and
adjacent to a designated bicycle lane;
     (B) At a speed not greater than 35 miles
per hour; or
     (C) When the driver is passing a person
operating a bicycle on the personÂ’s right side and the person operating the
bicycle is turning left.
     (b) The driver of a motor vehicle may
drive to the left of the center of a roadway to pass a person operating a
bicycle proceeding in the same direction only if the roadway to the left of the
center is unobstructed for a sufficient distance to permit the driver to pass
the person operating the bicycle safely and avoid interference with oncoming
traffic. This paragraph does not authorize driving on the left side of the center
of a roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.
     (c) The driver of a motor vehicle that
passes a person operating a bicycle shall return to an authorized lane of
traffic as soon as practicable.
     (2) Passing a person operating a bicycle
in a no passing zone in violation of ORS 811.420 constitutes prima facie
evidence of commission of the offense described in this section, unsafe passing
of a person operating a bicycle, if the passing results in injury to or the
death of the person operating the bicycle.
     (3) The offense described in this section,
unsafe passing of a person operating a bicycle, is a Class B traffic violation.
[2007 c.794 §2]
     Note: 811.065 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
SPEED
(Basic Rule)
     811.100
Violation of basic speed rule; penalty. (1) A person commits the offense of violating the basic speed rule if
the person drives a vehicle upon a highway at a speed greater than is
reasonable and prudent, having due regard to all of the following:
     (a) The traffic.
     (b) The surface and width of the highway.
     (c) The hazard at intersections.
     (d) Weather.
     (e) Visibility.
     (f) Any other conditions then existing.
     (2) The following apply to the offense
described in this section:
     (a) The offense is as applicable on an
alley as on any other highway.
     (b) Speeds that are prima facie evidence
of violation of this section are established by ORS 811.105.
     (c) This section and ORS 811.105 establish
limitation on speeds that are in addition to speed limits established in ORS
811.111.
     (3) Except as provided in subsection (4)
of this section, violation of the basic speed rule by exceeding a designated
speed posted under ORS 810.180 is punishable as provided in ORS 811.109.
     (4) The offense described in this section,
violating the basic speed rule, is a Class B traffic violation if the person
drives a vehicle upon a highway at a speed that is not reasonable and prudent
under the circumstances described in subsection (1) of this section even though
the speed is lower than the appropriate speed specified in ORS 811.105 as prima
facie evidence of violation of the basic speed rule. [1983 c.338 §563; 1987
c.887 §9; 1989 c.592 §4; 1991 c.728 §5; 1999 c.1051 §229; 2003 c.819 §5]
     811.105
Speeds that are evidence of basic rule violation. (1) Any speed in excess of a designated
speed posted by authority granted under ORS 810.180 is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
     (2) If no designated speed is posted by
authority granted under ORS 810.180, any speed in excess of one of the
following speeds is prima facie evidence of violation of the basic speed rule:
     (a) Fifteen miles per hour when driving on
an alley or a narrow residential roadway.
     (b) Twenty miles per hour in a business
district.
     (c) Twenty-five miles per hour in any
public park.
     (d) Twenty-five miles per hour on a
highway in a residence district if:
     (A) The residence district is not located
within a city; and
     (B) The highway is neither an arterial nor
a collector highway.
     (e) Fifty-five miles per hour in locations
not otherwise described in this section. [1983 c.338 §564; 1985 c.16 §286; 1987
c.887 §10; 1989 c.592 §5; 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003
c.397 §6; 2003 c.819 §6; 2007 c.367 §3]
     811.106
Operation of flashing light indicating children in school zone. A flashing light used as a traffic control device
to indicate that children may be arriving at or leaving school that is operated
to give notice under ORS 811.111 or 811.235 may be operated only at times when
children are scheduled to arrive at or leave the school. [1995 c.558 §2; 1997
c.682 §4; 2003 c.397 §7; 2003 c.819 §§7,7a,7b]
     811.108
Relationship between speed limits and basic rule. (1) The speed limits established by ORS
811.111 do not authorize speeds higher than those required for compliance with
the basic speed rule.
     (2) The basic speed rule does not
authorize speeds higher than those established as speed limits by ORS 811.111. [1987
c.887 §5; 2003 c.819 §8]
(Maximum
Speeds)
     811.109
Penalties for speed violations.
(1) Violation of a specific speed limit imposed under law or of a posted speed
limit is punishable as follows:
     (a) One to 10 miles per hour in excess of
the speed limit is a Class D traffic violation.
     (b) 11 to 20 miles per hour in excess of
the speed limit is a Class C traffic violation.
     (c) 21 to 30 miles per hour in excess of
the speed limit is a Class B traffic violation.
     (d) Over 30 miles per hour in excess of
the speed limit is a Class A traffic violation.
     (2) Notwithstanding subsection (1) of this
section, if the speed limit is 65 miles per hour or greater and:
     (a) The person is exceeding the speed
limit by 10 miles per hour or less, the offense is a Class C traffic violation.
     (b) The person is exceeding the speed
limit by more than 10 miles per hour but not more than 20 miles per hour, the
offense is a Class B traffic violation.
     (c) The person is exceeding the speed
limit by more than 20 miles per hour, the offense is a Class A traffic
violation.
     (3) Violation of the basic speed rule by
exceeding a designated speed posted under ORS 810.180 is punishable as follows:
     (a) One to 10 miles per hour in excess of
the designated speed is a Class D traffic violation.
     (b) 11 to 20 miles per hour in excess of
the designated speed is a Class C traffic violation.
     (c) 21 to 30 miles per hour in excess of
the designated speed is a Class B traffic violation.
     (d) Over 30 miles per hour in excess of
the designated speed is a Class A traffic violation.
     (4) In addition to a fine imposed under
subsection (1), (2) or (3) of this section, a court may impose a suspension of
driving privileges for up to 30 days if a person exceeds a speed limit or
designated speed by more than 30 miles per hour and the person has received at
least one prior conviction under ORS 811.100 or 811.111 within 12 months of the
date of the current offense.
     (5) If a person drives 100 miles per hour
or greater when the person commits a violation described in this section, a
court shall impose the following in lieu of a punishment otherwise imposed
under this section:
     (a) A fine of $1,000; and
     (b) A suspension of driving privileges for
not less than 30 days nor more than 90 days.
     (6) When a court imposes a suspension
under subsection (4) or (5) of this section, the court shall prepare and send
to the Department of Transportation an order of suspension of driving
privileges of the person. Upon receipt of an order under this subsection, the
department shall take action as directed under ORS 809.280. [1995 c.383 §14;
2003 c.819 §17; 2005 c.491 §1]
     811.110 [1983 c.338 §565; 1987 c.887 §11; 1991 c.185
§9; 1995 c.383 §15; 2001 c.176 §6; 2003 c.402 §36; repealed by 2003 c.819 §§19,20]
     811.111
Violating a speed limit; penalty. (1) A person commits the offense of violating a speed limit if the
person:
     (a) Drives a vehicle on an interstate
highway at a speed greater than 65 miles per hour or, if a different speed is
posted under ORS 810.180 (3), at a speed greater than the posted speed.
     (b) Notwithstanding paragraph (a) of this
subsection, drives any of the following vehicles at a speed greater than 55
miles per hour on any highway or, if a different speed is posted under ORS
810.180 (3), at a speed greater than the posted speed:
     (A) A motor truck with a gross vehicle
weight rating of more than 10,000 pounds or a truck tractor with a gross
vehicle weight rating of more than 8,000 pounds.
     (B) A school bus.
     (C) A school activity vehicle.
     (D) A worker transport bus.
     (E) A bus operated for transporting
children to and from church or an activity or function authorized by a church.
     (F) Any vehicle used in the transportation
of persons for hire by a nonprofit entity as provided in ORS 825.017 (9).
     (c) Drives a vehicle or conveyance on any
part of the ocean shore in this state at a speed greater than any of the
following:
     (A) Any designated speed for ocean shores
that is established and posted under ORS 810.180.
     (B) If no designated speed is posted under
ORS 810.180, 25 miles per hour.
     (d) Drives a vehicle upon a highway in any
city at a speed greater than a speed posted by authority granted under ORS
810.180 or, if no speed is posted, the following:
     (A) Fifteen miles per hour when driving on
an alley or a narrow residential roadway.
     (B) Twenty miles per hour in a business
district.
     (C) Twenty-five miles per hour in a public
park.
     (D) Twenty-five miles per hour on a
highway in a residence district if the highway is not an arterial highway.
     (E) Sixty-five miles per hour on an
interstate highway.
     (F) Fifty-five miles per hour in locations
not otherwise described in this paragraph.
     (e) Drives a vehicle in a school zone at a
speed greater than 20 miles per hour if the school zone is:
     (A) A segment of highway described in ORS
801.462 (1)(a) and:
     (i) The school zone has a flashing light
used as a traffic control device and operated under ORS 811.106 and the
flashing light indicates that children may be arriving at or leaving school; or
     (ii) If the school zone does not have a
flashing light used as a traffic control device, the person drives in the
school zone between 7 a.m. and 5 p.m. on a day when school is in session.
     (B) A crosswalk described in ORS 801.462
(1)(b) and:
     (i) A flashing light used as a traffic
control device and operated under ORS 811.106 indicates that children may be
arriving at or leaving school; or
     (ii) Children are present, as described in
ORS 811.124.
     (2) The offense described in this section,
violating a speed limit, is punishable as provided in ORS 811.109. [2003 c.819 §4;
2003 c.819 §4a; 2005 c.573 §1; 2005 c.770 §6; 2007 c.367 §4]
     811.112 [1987 c.887 §4; 1995 c.383 §16; repealed by
2003 c.819 §19]
     811.115 [1983 c.338 §566; 1985 c.420 §8; 1987 c.887 §12;
1989 c.457 §1; 1989 c.992 §19; 1995 c.383 §17; 1999 c.359 §9; repealed by 2003
c.819 §19]
     811.120 [1983 c.338 §567; 1987 c.887 §13; 1995 c.383
§18; repealed by 2003 c.819 §19]
     811.122 [1989 c.592 §2; repealed by 1991 c.728 §6]
     811.123 [1991 c.728 §2; 1995 c.383 §19; 1995 c.558 §4;
1997 c.404 §6; 1997 c.438 §4; 2003 c.397 §8; repealed by 2003 c.819 §§19,21]
     811.124
Meaning of “children are present” in ORS 811.111. For purposes of ORS 811.111, children are
present at any time and on any day when:
     (1) Children are:
     (a) Occupying or walking within a
crosswalk described in ORS 801.462 (1)(b); or
     (b) Waiting on the curb or shoulder of the
highway at a crosswalk described in ORS 801.462 (1)(b); or
     (2) A traffic patrol member provided under
ORS 339.650 to 339.665 is present to assist children at a crosswalk described
in ORS 801.462 (1)(b). [1997 c.438 §2; 2003 c.397 §5; 2003 c.819 §§9,9a,9b]
(Racing)
     811.125
Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a
highway in this state, the person drives a vehicle or participates in any
manner in any of the following in which a vehicle is involved:
     (a) A speed competition or contest.
     (b) An acceleration contest.
     (c) A test of physical endurance.
     (d) An exhibition of speed or
acceleration.
     (e) The making of a speed record.
     (f) A race. For purposes of this
paragraph, racing is the use of one or more vehicles in an attempt to outgain,
outdistance or prevent another vehicle from passing, to arrive at a given
destination ahead of another vehicle or vehicles or to test the physical
stamina or endurance of drivers over long distance driving routes.
     (g) A drag race. For purposes of this paragraph,
drag racing is the operation of two or more vehicles from a point side by side
at accelerating speeds in a competitive attempt to outdistance each other, or
the operation of one or more vehicles over a common selected course, from the
same point to the same point for the purpose of comparing the relative speeds
or power of acceleration of the vehicle or vehicles within a certain distance
or time limit.
     (2) The offense described in this section,
speed racing on a highway, is a Class A traffic violation and is applicable on
any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]
     811.127
Organizing a speed racing event; penalty. (1) Except as provided in subsection (3) of this section, a person
commits the offense of organizing a speed racing event if the person in any
manner organizes a speed racing event.
     (2) As used in this section, “speed racing
event” means an event that:
     (a) Is preplanned and coordinated and
involves two or more vehicles;
     (b) Includes any of the activities
described in ORS 811.125 (1); and
     (c) Takes place on a highway.
     (3) A person who organizes a speed racing
event is not in violation of this section if the person has a permit from the
road authority for the highway on which the event takes place.
     (4) The offense described in this section,
organizing a speed racing event, is a Class C felony. [2003 c.550 §2]
(Impeding
Traffic)
     811.130
Impeding traffic; penalty.
(1) A person commits the offense of impeding traffic if the person drives a
motor vehicle or a combination of motor vehicles in a manner that impedes or
blocks the normal and reasonable movement of traffic.
     (2) A person is not in violation of the
offense described under this section if the person is proceeding in a manner
needed for safe operation.
     (3) Proceeding in a manner needed for safe
operation includes but is not necessarily limited to:
     (a) Momentarily stopping to allow oncoming
traffic to pass before making a right-hand or left-hand turn.
     (b) Momentarily stopping in preparation
of, or moving at an extremely slow pace while, negotiating an exit from the
road.
     (4) A person is not in violation of the
offense described under this section if the person is proceeding as part of a
funeral procession under the direction of a funeral escort vehicle or a funeral
lead vehicle.
     (5) The offense described in this section,
impeding traffic, is a Class D traffic violation. [1983 c.338 §569; 1985 c.16 §288;
1989 c.433 §1; 1991 c.482 §18; 1995 c.383 §45]
CARELESS AND
RECKLESS DRIVING
     811.135
Careless driving; penalty.
(1) A person commits the offense of careless driving if the person drives any
vehicle upon a highway or other premises described in this section in a manner
that endangers or would be likely to endanger any person or property.
     (2) The offense described in this section,
careless driving, applies on any premises open to the public and is a Class B
traffic violation unless commission of the offense contributes to an accident.
If commission of the offense contributes to an accident, the offense is a Class
A traffic violation.
     (3) In addition to any other penalty
imposed for an offense committed under this section, if the court determines
that the commission of the offense described in this section contributed to the
serious physical injury or death of a vulnerable user of a public way, the
court shall:
     (a) Impose a sentence that requires the
person to:
     (A) Complete a traffic safety course; and
     (B) Perform between 100 and 200 hours of
community service, notwithstanding ORS 137.129. The community service must
include activities related to driver improvement and providing public education
on traffic safety;
     (b) Impose, but suspend on the condition
that the person complete the requirements of paragraph (a) of this subsection:
     (A) A fine of up to $12,500,
notwithstanding ORS 153.018; and
     (B) A suspension of driving privileges as
provided in ORS 809.280; and
     (c) Set a hearing date up to one year from
the date of sentencing.
     (4) At the hearing described in subsection
(3)(c) of this section, the court shall:
     (a) If the person has successfully
completed the requirements described in subsection (3)(a) of this section,
dismiss the penalties imposed under subsection (3)(b) of this section; or
     (b) If the person has not successfully
completed the requirements described in subsection (3)(a) of this section:
     (A) Grant the person an extension based on
good cause shown; or
     (B) Impose the penalties under subsection
(3)(b) of this section.
     (5) When a court imposes a suspension
under subsection (4) of this section, the court shall prepare and send to the
Department of Transportation an order of suspension of driving privileges of
the person. Upon receipt of an order under this subsection, the department
shall take action as directed under ORS 809.280.
     (6) The police officer issuing the
citation for an offense under this section shall note on the citation if the
cited offense contributed to the serious physical injury or death of a
vulnerable user of a public way. [1983 c.338 §570; 1995 c.383 §20; 2007 c.784 §3]
     811.140
Reckless driving; penalty.
(1) A person commits the offense of reckless driving if the person recklessly
drives a vehicle upon a highway or other premises described in this section in
a manner that endangers the safety of persons or property.
     (2) The use of the term “recklessly” in
this section is as defined in ORS 161.085.
     (3) The offense described in this section,
reckless driving, is a Class A misdemeanor and is applicable upon any premises
open to the public. [1983 c.338 §571]
SPECIAL
SAFETY MEASURES
     811.145
Failure to yield to emergency vehicle or ambulance; penalty. (1) A person commits the offense of failure
to yield to an emergency vehicle or ambulance if an ambulance or emergency
vehicle that is using a visual or audible signal in a manner described under
ORS 820.300 and 820.320 approaches the vehicle the person is operating and the
person does not do all of the following:
     (a) Yield the right of way to the
ambulance or emergency vehicle.
     (b) Immediately drive to a position as
near as possible and parallel to the right-hand edge or curb of the roadway
clear of any intersection.
     (c) Stop and remain in such position until
the emergency vehicle or ambulance has passed.
     (2) A person is not in violation of this
section if the person is acting as otherwise directed by a police officer.
     (3) This section does not relieve the
driver of an emergency vehicle or ambulance from the duty to drive with due
regard for the safety of all persons using the highway, nor does this section
protect the driver of any such vehicle from the consequence of an arbitrary
exercise of the right of way granted under this section.
     (4) The offense described in this section,
failure to yield to an emergency vehicle or ambulance, is a Class B traffic
violation. [1983 c.338 §582; 1985 c.16 §289; 1995 c.383 §46]
     811.147
Failure to maintain safe distance from emergency vehicle or ambulance; penalty. (1) A person operating a motor vehicle
commits the offense of failure to maintain a safe distance from an emergency
vehicle or ambulance if the person approaches an emergency vehicle or ambulance
that is stopped and is displaying required warning lights and the person:
     (a) On a highway having two or more lanes
for traffic in a single direction, fails to:
     (A) Make a lane change to a lane not
adjacent to that of the emergency vehicle or ambulance; or
     (B) Reduce the speed of the motor vehicle,
if making a lane change is unsafe.
     (b) On a two directional, two-lane
highway, fails to reduce the speed of the motor vehicle.
     (2) The offense described in this section,
failure to maintain a safe distance from an emergency vehicle or ambulance, is
a Class B traffic violation. [2003 c.42 §2]
     Note: 811.147 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     811.150
Interference with emergency vehicle or ambulance; penalty. (1) A person commits the offense of
interference with an emergency vehicle or ambulance if the person does any of
the following:
     (a) Drives a vehicle following at a
distance closer than 500 feet any emergency vehicle or ambulance that is
traveling in response to a fire alarm or emergency.
     (b) Drives or parks a vehicle in a manner
that interferes with the emergency vehicle or ambulance responding to a fire
alarm or emergency.
     (c) Drives over an unprotected hose of a
fire department laid down on any highway, private road or driveway to be used
at any fire, alarm of fire or emergency.
     (2) The following exemptions apply to this
section:
     (a) Nothing in this section prohibits a
driver of an emergency vehicle or ambulance from following within 500 feet of
an emergency vehicle or ambulance traveling in response to a fire alarm or
emergency or from driving into or parking a vehicle in the area or vicinity
where such vehicles have stopped in response to an alarm or emergency.
     (b) Nothing in this section prevents any
person from driving over an unprotected hose of a fire department if the person
first obtains the permission of a fire department official or police officer at
the scene of the fire, alarm of fire or emergency.
     (3) The offense described in this section,
interference with an emergency vehicle or ambulance, is a Class B traffic
violation. [1983 c.338 §584; 1985 c.16 §291; 1985 c.190 §1; 1995 c.383 §47]
     811.155
Failure to stop for bus safety lights; penalty. (1) A driver commits the offense of failure
to stop for bus safety lights if the driver meets or overtakes from either
direction any vehicle that is stopped on a roadway and that is operating red
bus safety lights described under ORS 816.260 and the driver does not:
     (a) Stop before reaching the vehicle; and
     (b) Remain standing until the bus safety
lights are no longer operating.
     (2) The following apply to the offense
described in this section:
     (a) The offense described in this section
does not apply if the vehicle operating the bus safety lights is not permitted
under ORS 816.350 and 816.360 to operate red bus safety lights.
     (b) A driver need not comply with this
section if the vehicle operating red bus safety lights is stopped on a
different roadway.
     (3) The offense described in this section,
failure to stop for bus safety lights, is a Class A traffic violation. [1983
c.338 §583; 1985 c.16 §290]
     811.157
Report by driver of violation of ORS 811.155; contents. (1) The driver of a school bus, worker
transport bus or a bus issued a permit under ORS 818.260 may report a violation
of ORS 811.155 to the local law enforcement agency having jurisdiction over the
area where the violation is alleged to have occurred.
     (2) A report under subsection (1) of this
section shall be made within 72 hours of the alleged violation and shall
contain:
     (a) The date and time of day of the
alleged violation;
     (b) The name of the street on which the
bus was traveling at the time of the alleged violation and either the
approximate address or the name of the closest intersecting street;
     (c) The direction in which the bus was
traveling and the direction in which the vehicle alleged to have committed the
violation was traveling;
     (d) The weather conditions, including
visibility, at the time of the alleged violation; and
     (e) The following information about the
vehicle alleged to have committed the violation:
     (A) Number and state of issuance of the
registration plate; and
     (B) Whether the vehicle is a sedan,
station wagon, van, truck, bus, motorcycle or other type of vehicle.
     (3) In addition to the information
required by subsection (2) of this section, the report may contain any other
identifying information, including but not limited to color of the vehicle,
that the reporting bus driver has about the vehicle or the driver of the
vehicle alleged to have committed the violation. [1987 c.654 §2]
     811.159
Law enforcement agency response to report of violation of ORS 811.155. Upon receipt of a report containing the
information required by ORS 811.157 (2), the law enforcement agency shall
determine the name and address of the registered owner of the vehicle and shall
send the registered owner a letter informing the owner that the vehicle was
observed violating ORS 811.155. The letter shall include, at a minimum,
information from the report filed under ORS 811.157 specifying the time and
place of the alleged violation. [1987 c.654 §3]
     811.160
Interference with rail fixed guideway system operation; penalty. (1) A person commits the offense of
interference with rail fixed guideway system operation if the person does any
of the following:
     (a) Drives any vehicle in front of a rail
fixed guideway system vehicle upon a track and the person fails to remove the
personÂ’s vehicle from the track as soon as practicable after signal from the
operator of the rail fixed guideway system vehicle.
     (b) Drives a vehicle upon or across rail
fixed guideway system tracks within an intersection in front of a rail fixed
guideway system vehicle when the rail fixed guideway system vehicle has started
to cross the intersection.
     (c) Overtakes or passes upon the left any
rail fixed guideway system vehicle proceeding in the same direction whether
actually in motion or temporarily at rest. This paragraph does not apply on
one-way streets or on streets where the tracks are so located as to prevent
compliance.
     (2) This section applies to any rail fixed
guideway system vehicle that is any device traveling exclusively upon rails
when upon or crossing a highway but does not apply to cars or trains propelled
or moved by steam engine or by diesel engine.
     (3) The offense described in this section,
interference with rail fixed guideway system operation, is a Class B traffic
violation. [1983 c.338 §585; 1995 c.383 §48; 2001 c.522 §3]
     811.165
Failure to stop for passenger loading of public transit vehicle; penalty. (1) A person commits the offense of failure
to stop for passenger loading of a public transit vehicle if the person is the
driver of a vehicle overtaking a public transit vehicle described in this
section that is stopped or about to stop for the purpose of receiving or discharging
any passenger and the person does not:
     (a) Stop the overtaking vehicle to the
rear of the nearest running board or door of the public transit vehicle; and
     (b) Keep the vehicle stationary until all
passengers have boarded or alighted therefrom and reached a place of safety.
     (2) This section applies to the following
public transit vehicles:
     (a) Commercial buses; and
     (b) Rail fixed guideway system vehicles.
     (3) A person is not in violation of this
section if the person passes a public transit vehicle:
     (a) Upon the left of any public transit
vehicle described in this section on a one-way street; or
     (b) At a speed not greater than is
reasonable and proper and with due caution for the safety of pedestrians when:
     (A) The public transit vehicle has stopped
at the curb; or
     (B) Any area or space has been officially
set apart within the roadway for the exclusive use of pedestrians and the area
or space is so protected or marked or indicated by adequate signs as to be
plainly visible at all times while set apart as a safety zone.
     (4) The offense described in this section,
failure to stop for passenger loading of public transit vehicle, is a Class B
traffic violation. [1983 c.338 §586; 1985 c.16 §292; 1995 c.383 §49; 2001 c.522
§4]
     811.167
Failure to yield right of way to transit bus; rules; penalty. (1) A person commits the offense of failure
to yield the right of way to a transit bus entering traffic if the person does
not yield the right of way to a transit bus when:
     (a) A yield sign as described in subsection
(2) of this section is displayed on the back of the transit bus;
     (b) The person is operating a vehicle that
is overtaking the transit bus from the rear of the transit bus; and
     (c) The transit bus, after stopping to
receive or discharge passengers, is signaling an intention to enter the traffic
lane occupied by the person.
     (2) The yield sign referred to in
subsection (1)(a) of this section shall warn a person operating a motor vehicle
approaching the rear of a transit bus that the person must yield when the
transit bus is entering traffic. The yield sign shall be illuminated by a
flashing light when the bus is signaling an intention to enter a traffic lane
after stopping to receive or discharge passengers. The Oregon Transportation
Commission shall adopt by rule the message on the yield sign, specifications
for the size, shape, color, lettering and illumination of the sign and
specifications for the placement of the sign on a transit bus.
     (3) This section does not relieve a driver
of a transit bus from the duty to drive with due regard for the safety of all
persons using the roadway.
     (4) As used in this section, “transit bus”
means a commercial bus operated by a city, a mass transit district established
under ORS 267.010 to 267.390 or a transportation district established under ORS
267.510 to 267.650.
     (5) The offense described in this section,
failure to yield the right of way to a transit bus entering traffic, is a Class
D traffic violation. [1997 c.509 §2]
OPEN
CONTAINER VIOLATIONS
     811.170
Violation of open container law; penalty. (1) A person commits the offense of violation of the open container
law in a motor vehicle if the person does any of the following:
     (a) Drinks any alcoholic liquor in a motor
vehicle when the vehicle is upon a highway.
     (b) Possesses on one’s person, while in a
motor vehicle upon a highway, any bottle, can or other receptacle containing
any alcoholic liquor, which has been opened, or a seal broken, or the contents
of which have been partially removed.
     (c) Keeps in a motor vehicle when the
vehicle is upon any highway, any bottle, can or other receptacle containing any
alcoholic liquor, which has been opened, or a seal broken, or the contents of
which have been partially removed. The following apply to this paragraph:
     (A) This paragraph applies only to the
registered owner of any motor vehicle or, if the registered owner is not then
present in the vehicle, to the driver of the vehicle.
     (B) This paragraph does not apply if the
bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in
some other area of the vehicle not normally occupied by the driver or
passengers if the vehicle is not equipped with a trunk.
     (C) For purposes of this paragraph, a
utility compartment or glove compartment is considered within the area occupied
by the driver and passengers.
     (D) This paragraph does not apply to the
living quarters of a camper or motor home.
     (2) The offense described in this section
does not apply to passengers in a motor vehicle operated by a common carrier
and used primarily to carry passengers for hire.
     (3) The offense described in this section,
violation of the open container law in a motor vehicle, is a Class B traffic
violation. [1983 c.338 §597; 1985 c.16 §303; 2001 c.827 §10]
DISPOSING OF
HUMAN WASTE
     811.172
Improperly disposing of human waste; penalty. (1) A person commits the offense of improperly disposing of human
waste if the person is operating or riding in a motor vehicle and the person
throws, puts or otherwise leaves a container of urine or other human waste on
or beside the highway.
     (2) The offense described in this section,
improperly disposing of human waste, is a misdemeanor and is punishable by a
maximum fine of $250. [1999 c.670 §2]
DRIVING WHILE
SUSPENDED OR REVOKED
     811.175
Violation driving while suspended or revoked; penalties. (1) A person commits the offense of
violation driving while suspended or revoked if the person does any of the
following:
     (a) Drives a motor vehicle upon a highway
during a period when the personÂ’s driving privileges or right to apply for
driving privileges have been suspended or revoked in this state by a court or
by the Department of Transportation.
     (b) Drives a motor vehicle outside the
limitations of a probationary permit issued under ORS 807.270 or a hardship
driver permit issued under ORS 807.240, including any limitations placed on the
permit under ORS 813.510.
     (c) Drives a commercial motor vehicle upon
a highway during a period when the personÂ’s commercial driver license has been
suspended, regardless of whether or not the person has other driving privileges
granted by this state.
     (2) Affirmative defenses to the offense
described in this section are established under ORS 811.180.
     (3) The offense described in this section
is applicable upon any premises open to the public.
     (4) The offense described in this section,
violation driving while suspended or revoked, is a Class A traffic violation
except as otherwise provided in ORS 811.182. [1983 c.338 §598; 1985 c.16 §304;
1987 c.730 §1; 1987 c.801 §9; 1989 c.171 §91; 1989 c.636 §45; 1997 c.249 §228;
1999 c.1051 §90]
     811.180
Affirmative defenses. The
following establishes affirmative defenses in prosecutions for driving while
suspended or revoked in violation of ORS 811.175 or 811.182 and describes when
the affirmative defenses are not available:
     (1) In addition to other defenses provided
by law, including but not limited to ORS 161.200, it is an affirmative defense
to the offenses described in ORS 811.175 and 811.182 that:
     (a) An injury or immediate threat of
injury to a human being or animal, and the urgency of the circumstances made it
necessary for the defendant to drive a motor vehicle at the time and place in
question; or
     (b) The defendant had not received notice
of the defendantÂ’s suspension or revocation or been informed of the suspension
or revocation by a trial judge who ordered a suspension or revocation of the
defendantÂ’s driving privileges or right to apply.
     (2) The affirmative defenses described in
subsection (1)(b) of this section are not available to a defendant under the
circumstances described in this subsection. Any of the evidence specified in
this subsection may be offered in the prosecutionÂ’s case in chief. This
subsection applies if any of the following circumstances exist:
     (a) The defendant refused to sign a
receipt for the certified mail containing the notice of suspension or
revocation.
     (b) The notice of suspension or revocation
could not be delivered to the defendant because the defendant failed to comply
with the requirements under ORS 807.560 to notify the Department of
Transportation of a change of address or residence.
     (c) At a previous court appearance, the
defendant had been informed by a trial judge that the judge was ordering a
suspension or revocation of the defendantÂ’s driving privileges or right to
apply.
     (d) The defendant had actual knowledge of
the suspension or revocation by any means prior to the time the defendant was
stopped on the current charge.
     (e) The defendant was provided with notice
of intent to suspend under ORS 813.100. [1983 c.338 §599; 1985 c.16 §305; 1985
c.672 §18; 1985 c.744 §1; 1987 c.138 §2; 1987 c.158 §168; 1987 c.730 §20; 1987
c.801 §10; 1997 c.249 §229]
     811.182
Criminal driving while suspended or revoked; penalties. (1) A person commits the offense of criminal
driving while suspended or revoked if the person violates ORS 811.175 and the
suspension or revocation is one described in this section, or if the hardship
or probationary permit violated is based upon a suspension or revocation
described in subsection (3) or (4) of this section.
     (2) Affirmative defenses to the offense
described in this section are established under ORS 811.180.
     (3) The offense described in this section,
criminal driving while suspended or revoked, is a Class B felony if the
suspension or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the operation of a
motor vehicle, if the suspension or revocation resulted from aggravated
vehicular homicide or if the revocation resulted from a conviction for felony
driving while under the influence of intoxicants.
     (4) The offense described in this section,
criminal driving while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
     (a) A suspension under ORS 809.411 (2)
resulting from commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the operation of
a motor vehicle.
     (b) A revocation under ORS 809.409 (4)
resulting from perjury or the making of a false affidavit to the Department of
Transportation.
     (c) A suspension under ORS 813.410
resulting from refusal to take a test prescribed in ORS 813.100 or for taking a
breath or blood test the result of which discloses a blood alcohol content of:
     (A) 0.08 percent or more by weight if the
person was not driving a commercial motor vehicle;
     (B) 0.04 percent or more by weight if the
person was driving a commercial motor vehicle; or
     (C) Any amount if the person was under 21
years of age.
     (d) A suspension of a commercial driver
license under ORS 809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor vehicle.
     (e) A suspension of a commercial driver
license under ORS 809.413 (12) where the personÂ’s commercial driving privileges
have been suspended or revoked by the other jurisdiction for failure of or
refusal to take a chemical test to determine the alcoholic content of the
personÂ’s blood under a statute that is substantially similar to ORS 813.100.
     (f) A suspension of a commercial driver
license under ORS 809.404.
     (g) A revocation resulting from habitual
offender status under ORS 809.640.
     (h) A suspension resulting from any crime
punishable as a felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection (3) of this
section.
     (i) A suspension for failure to perform
the duties of a driver under ORS 811.705.
     (j) A suspension for reckless driving
under ORS 811.140.
     (k) A suspension for fleeing or attempting
to elude a police officer under ORS 811.540.
     (L) A suspension or revocation resulting
from misdemeanor driving while under the influence of intoxicants under ORS
813.010.
     (m) A suspension for use of a commercial
motor vehicle in the commission of a crime punishable as a felony.
     (5) In addition to any other sentence that
may be imposed, if a person is convicted of the offense described in this
section and the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a fine of at least $1,000 if
it is the personÂ’s first conviction for criminal driving while suspended or
revoked and at least $2,000 if it is the personÂ’s second or subsequent
conviction.
     (6) The Oregon Criminal Justice Commission
shall classify a violation of this section that is a felony as crime category 6
of the rules of the Oregon Criminal Justice Commission. [1987 c.730 §§3,3a;
1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2;
1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3;
2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13]
     811.185 [1983 c.338 §600; 1985 c.16 §306; repealed
by 1991 c.208 §1]
DRIVER
OFFENSES INVOLVING PASSENGERS
     811.190
Operation with obstructing passenger; penalty. (1) A person commits the offense of driver
operation with obstructing passenger if the person is operating a vehicle when
another person is in the operatorÂ’s lap or in the operatorÂ’s embrace.
     (2) The offense described in this section,
driver operation with obstructing passenger, is a Class D traffic violation. [1983
c.338 §601; 1995 c.383 §50]
     811.195
Having passenger in trailer; penalty. (1) A person commits the offense of having a passenger in a trailer if
the person operates a vehicle on a highway while towing any type of trailer
that contains a passenger.
     (2) This section does not apply if the
person is operating any of the following vehicles:
     (a) A commercial bus trailer.
     (b) An independently steered trailer.
     (c) A trailer towed with a fifth wheel
hitch if the trailer is equipped with all of the following:
     (A) Safety glazing materials that meet the
standards established under ORS 815.040 wherever there are windows or doors
with windows on the vehicle.
     (B) An auditory or visual signaling device
that a passenger inside the vehicle can use to gain the attention of the motor
vehicle driver towing the vehicle.
     (C) At least one unobstructed exit capable
of being opened from both the interior and exterior of the vehicle.
     (3) The offense described in this section,
passenger in trailer, is a Class D traffic violation. [1983 c.338 §602; 1985
c.16 §307; 1995 c.383 §51; 2003 c.158 §7]
     811.200
Carrying dog on external part of vehicle; penalty. (1) A person commits the offense of carrying
a dog on the external part of a vehicle if the person carries a dog upon the
hood, fender, running board or other external part of any automobile or truck
that is upon a highway unless the dog is protected by framework, carrier or
other device sufficient to keep it from falling from the vehicle.
     (2) The offense described in this section,
carrying dog on external part of vehicle, is a Class D traffic violation. [1983
c.338 §603; 1995 c.383 §52]
     811.205
Carrying minor on external part of vehicle; penalty. (1) A person commits the offense of carrying
a minor on an external part of a motor vehicle if the person carries any person
under 18 years of age upon the hood, fender, running board or other external
part of any motor vehicle that is upon a highway.
     (2) For purposes of this section, the open
bed of a motor vehicle is an external part of a motor vehicle.
     (3) A person does not commit the offense
described in this section if the person:
     (a) Is carrying a minor in the open bed of
a motor vehicle and the minor is secured with a safety belt or safety harness
that complies with rules adopted under ORS 815.055;
     (b) Is operating the motor vehicle in an
organized parade; or
     (c) Is carrying a minor who is seated on
the floor of the open bed of a motor vehicle in which all available passenger
seats are occupied by minors, the tailgate is securely closed and the minor is
being transported:
     (A) In the course and scope of employment,
provided that the minor is transported in compliance with law and rules
regulating the transport of workers; or
     (B)(i) Between a hunting camp and a
hunting site or between hunting sites during hunting season; and
     (ii) The minor has a hunting license.
     (4) The offense described in this section,
carrying a minor on an external part of a motor vehicle, is a Class B traffic
violation. [1983 c.338 §604; 1995 c.383 §53; 2003 c.107 §1]
     811.207
Legislative findings. The
Legislative Assembly finds that:
     (1)
     (2) The proper restraint of children in
motor vehicles will reduce the number of children killed in motor vehicle
accidents and reduce the severity of injuries to children who survive motor
vehicle accidents. [2007 c.601 §1]
     Note: 811.207 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     811.210
Failure to properly use safety belts; penalty. (1) A person commits the offense of failure
to properly use safety belts if the person:
     (a) Operates a motor vehicle on the
highways of this state and is not properly secured with a safety belt or safety
harness as required by subsection (2) of this section;
     (b) Operates a motor vehicle on the
highways of this state with a passenger who is under 16 years of age and the
passenger is not properly secured with a child safety system, safety belt or
safety harness as required by subsection (2) of this section;
     (c) Is a passenger in a privately owned
commercial vehicle, as defined in ORS 801.210, that is designed and used for
the transportation of 15 or fewer persons, including the driver, and the person
is 16 years of age or older and is responsible for another passenger who is not
properly secured with a child safety system as required under subsection
(2)(a), (b) or (c) of this section; or
     (d) Is a passenger in a motor vehicle on
the highways of this state who is 16 years of age or older and who is not
properly secured with a safety belt or safety harness as required by subsection
(2) of this section.
     (2) To comply with this section:
     (a) A person who is under one year of age,
regardless of weight, or a person who weighs 20 pounds or less must be properly
secured with a child safety system in a rear-facing position.
     (b) A person who weighs 40 pounds or less
must be properly secured with a child safety system that meets the minimum
standards and specifications established by the Department of Transportation
under ORS 815.055 for child safety systems designed for children weighing 40
pounds or less.
     (c) Except as provided in subsection (3)
of this section, a person who weighs more than 40 pounds and who is four feet
nine inches or shorter must be properly secured with a child safety system that
elevates the person so that a safety belt or safety harness properly fits the
person. As used in this paragraph, “properly fits” means the lap belt of the
safety belt or safety harness is positioned low across the thighs and the
shoulder belt is positioned over the collarbone and away from the neck. The
child safety system shall meet the minimum standards and specifications
established by the Department of Transportation under ORS 815.055 for child
safety systems designed for children who are four feet nine inches or shorter.
     (d) A person who is taller than four feet
nine inches must be properly secured with a safety belt or safety harness that
meets requirements under ORS 815.055.
     (e) Notwithstanding paragraphs (b) and (c)
of this subsection, a person who is eight years of age or older need not be
secured with a child safety system but must be properly secured with a safety
belt or safety harness that meets requirements under ORS 815.055.
     (3) If the rear seat of a vehicle is not
equipped with shoulder belts, the requirements of subsection (2)(c) of this
section do not apply provided the person is secured by a lap belt.
     (4) The offense described in this section,
failure to properly use safety belts, is a Class D traffic violation. [1985
c.16 §309; 1985 c.619 §1; 1991 c.2 §1; 1993 c.153 §1; 1993 c.751 §112; 2001
c.679 §1; 2003 c.159 §1; 2005 c.244 §2; 2007 c.601 §2]
     811.215
Exemptions from safety belt requirements. ORS 811.210 does not apply to:
     (1) Privately owned commercial vehicles
that are being used for the transportation of persons for compensation or
profit. The exemption in this subsection does not apply to any of the
following:
     (a) Motor carriers, as defined in ORS
825.005, when operating in interstate commerce.
     (b) Vehicles designed and used for the
transportation of 15 or fewer persons, including the driver, except that the
operator of a vehicle described in this paragraph is not required to:
     (A) Be properly secured with a safety belt
or safety harness as required by ORS 811.210 if the operator is a taxicab
operator; or
     (B) Ensure that a passenger is properly
secured with a child safety system as described in ORS 811.210 (2)(a), (b) or
(c).
     (2) Any vehicle not required to be
equipped with safety belts or safety harnesses at the time the vehicle was
manufactured, unless safety belts or safety harnesses have been installed in
the vehicle.
     (3) Any vehicle exempted by ORS 815.080
from requirements to be equipped upon sale with safety belts or safety
harnesses.
     (4) Any person for whom a certificate is
issued by the Department of Transportation under ORS 811.220.
     (5) Any person who is a passenger in a vehicle
if all seating positions in the vehicle are occupied by other persons.
     (6) Any person who is being transported
while in the custody of a police officer or any law enforcement agency.
     (7) Any person who is delivering
newspapers or mail in the regular course of work.
     (8) Any person who is riding in an
ambulance for the purpose of administering medical aid to another person in the
ambulance, if being secured by a safety belt or safety harness would
substantially inhibit the administration of medical aid.
     (9) Any person who is reading utility
meters in the regular course of work.
     (10) Any person who is employed to operate
a vehicle owned by a mass transit district while the vehicle is being used for
the transportation of passengers in the public transportation system of the
district.
     (11) Any person who is collecting solid
waste or recyclable materials in the regular course of work. [1985 c.619 §3;
1987 c.138 §3; 1991 c.2 §2; 1997 c.509 §3; 1999 c.1057 §4; 2003 c.589 §5; 2005
c.244 §1; 2005 c.770 §8; 2007 c.200 §1; 2007 c.601 §3]
     811.220
Certificates of exemption from safety belt requirement. The Director of Transportation shall issue a
certificate of exemption required under ORS 811.215 for any person on whose
behalf a statement signed by a physician is presented to the Department of
Transportation. For a physicianÂ’s statement to qualify under this section, the
physician giving the statement must set forth reasons in the statement why use
of a child safety system, safety belt or safety harness by the person would be
impractical or harmful to the person by reason of physical condition, medical
problem or body size. [1985 c.16 §310; 1985 c.619 §4; 1991 c.2 §3; 1995 c.79 §372;
2001 c.104 §306]
     811.225
Failure to maintain safety belts in working order; penalty. (1) The registered owner of a motor vehicle
commits the offense of failure of an owner to maintain safety belts in working
order if:
     (a) The vehicle is equipped with safety
belts or safety harnesses that meet the standards established under ORS 815.055;
and
     (b) The owner fails to maintain the safety
belts or safety harnesses in a condition that will enable occupants of all
seating positions equipped with safety belts or safety harnesses to use the
belts or harnesses.
     (2) The offense described in this section,
failure of an owner to maintain safety belts in working order, is a Class C
traffic violation. [1991 c.2 §5; 1995 c.383 §118; 2003 c.158 §10]
HIGHWAY WORK
ZONES
     811.230
Definitions; fine; notice.
(1) As used in ORS 811.230, 811.231, 811.232 and 811.233:
     (a) “Flagger” means a person who controls
the movement of vehicular traffic through construction projects using sign,
hand or flag signals.
     (b) “Highway work zone” means an area
identified by advance warning where road construction, repair or maintenance
work is being done by highway workers on or adjacent to a highway, regardless
of whether or not highway workers are actually present. As used in this
paragraph, “road construction, repair or maintenance work” includes, but is not
limited to, the setting up and dismantling of advance warning systems.
     (c) “Highway worker” means an employee of
a government agency, private contractor or utility company working in a highway
work zone.
     (2)(a) The base fine amount for a person
charged with an offense that is listed in subsection (3)(a) or (b) of this
section and that is committed in a highway work zone shall be the amount
established under ORS 153.125 to 153.145 based on the foundation amount
calculated under ORS 153.131. The minimum fine for a person convicted of an
offense that is listed in subsection (3)(a) or (b) of this section and that is
committed in a highway work zone is the base fine amount so calculated.
     (b) The minimum fine for a person
convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g)
of this section and that is committed in a highway work zone is 20 percent of
the maximum fine established for the offense.
     (c) The minimum fine for a person
convicted of a felony offense that is listed in subsection (3)(c) to (g) of
this section and that is committed in a highway work zone is two percent of the
maximum fine established for the offense.
     (3) This section applies to the following
offenses if committed in a highway work zone:
     (a) Class A or Class B traffic violations.
     (b) Class C or Class D traffic violations
related to exceeding a legal speed.
     (c) Reckless driving, as defined in ORS
811.140.
     (d) Driving while under the influence of
intoxicants, as defined in ORS 813.010.
     (e) Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS 811.700 or
811.705.
     (f) Criminal driving while suspended or
revoked, as defined in ORS 811.182.
     (g) Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
     (4) A court shall not waive, reduce or
suspend the base fine amount or minimum fine required by this section.
     (5) When a highway work zone is created,
the agency, contractor or company responsible for the work may post signs
designed to give motorists notice of the provisions of this section. [1995
c.253 §2; 1997 c.843 §3; 1999 c.1051 §292]
     811.231
Reckless endangerment of highway workers; penalties. (1) A person commits the offense of reckless
endangerment of highway workers if the person drives a motor vehicle in a
highway work zone in such a manner as to endanger persons or property or if the
person removes, evades or intentionally strikes a traffic control device in a
highway work zone.
     (2) Reckless endangerment of highway
workers is a Class A misdemeanor. In addition to any other penalty, a person
convicted of reckless endangerment of highway workers is subject to suspension
of driving privileges as provided in ORS 809.411 (6). [1995 c.253 §3; 1997 c.83
§4; 2001 c.176 §7; 2003 c.402 §38]
     811.232
Refusing to obey flagger; penalty. (1) A person commits the offense of refusing to obey a flagger if the
person intentionally and unreasonably disobeys a lawful order by a flagger
relating to driving a motor vehicle in a highway work zone.
     (2) Refusing to obey a flagger is a Class
A traffic violation. [1995 c.253 §4]
     811.233
Failure to yield right of way to highway worker; penalty. (1) A person commits the offense of failure
to yield the right of way to a highway worker who is a pedestrian if the person
is operating a motor vehicle in a highway work zone and does not yield the
right of way to a highway worker who is a pedestrian.
     (2) The provisions of ORS 814.040 and
814.070 regarding pedestrians do not apply to pedestrians described in
subsection (1) of this section.
     (3) The offense described in this section,
failure to yield the right of way to a highway worker who is a pedestrian, is a
Class B traffic violation. [1997 c.843 §2]
SCHOOL ZONE
PENALTIES
     811.235
Fine for traffic offenses in school zones. (1)(a) If signs authorized by ORS 810.245 are posted, the base fine
amount for a person charged with an offense that is listed in subsection (2)(a)
or (b) of this section and that is committed in a school zone shall be the
amount established under ORS 153.125 to 153.145 based on the foundation amount
calculated under ORS 153.131. The minimum fine for a person convicted of an
offense that is listed in subsection (2)(a) or (b) of this section and that is
committed in a school zone is the base fine amount so calculated.
     (b) If signs authorized by ORS 810.245 are
posted, the minimum fine for a person convicted of a misdemeanor offense that
is listed in subsection (2)(c) to (g) of this section and that is committed in
a school zone is 20 percent of the maximum fine established for the offense.
     (c) If signs authorized by ORS 810.245 are
posted, the minimum fine for a person convicted of a felony offense that is
listed in subsection (2)(c) to (g) of this section and that is committed in a
school zone is two percent of the maximum fine established for the offense.
     (2) This section applies to the following
offenses if committed in a school zone:
     (a) Class A or Class B traffic violations.
     (b) Class C or Class D traffic violations
related to exceeding a legal speed.
     (c) Reckless driving, as defined in ORS
811.140.
     (d) Driving while under the influence of
intoxicants, as defined in ORS 813.010.
     (e) Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS 811.700 or
811.705.
     (f) Criminal driving while suspended or
revoked, as defined in ORS 811.182.
     (g) Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
     (3) A court shall not waive, reduce or
suspend the base fine amount or minimum fine required by this section.
     (4) For purposes of this section, a
traffic offense occurs in a school zone if the offense occurs while the motor
vehicle is in a school zone, notice of the school zone is indicated plainly by
traffic control devices conforming to the requirements established under ORS
810.200 and posted under authority granted by ORS 810.210 and:
     (a) Children are present as described in
ORS 811.124; or
     (b) A flashing light used as a traffic
control device and operated under ORS 811.106 indicates that children may be
arriving at or leaving school. [1997 c.682 §3; 1999 c.1051 §293; 2003 c.397 §9]
GENERAL
DRIVING RULES
(Generally)
     811.250
Law applicable to vehicles registered out of state. Any out-of-state registered vehicle is
subject to all laws, rules and regulations governing the operation of such
vehicles on the highways of this state. [1983 c.338 §606; 1985 c.401 §15]
     811.255
Permitting unlawful operation of vehicle; penalty. (1) A person who is an owner, lessor or
lessee of a motor vehicle or who employs or otherwise directs the driver of a
motor vehicle, commits the offense of permitting the unlawful operation of a
vehicle if the person knowingly permits or requires the operation of the
vehicle in violation of any of the following:
     (a) The rules of the road.
     (b) The laws governing equipment of motor
vehicles.
     (c) The laws governing weight of motor
vehicles.
     (d) The laws governing operator driving
privileges.
     (e) The laws governing registration or
titling of vehicles.
     (2) The offense described in this section,
permitting unlawful operation of a vehicle, is a Class B traffic violation. [1983
c.338 §607]
(Traffic
Control Devices)
     811.260
Appropriate driver responses to traffic control devices. This section establishes appropriate driver
responses to specific traffic control devices for purposes of ORS 811.265.
Authority to place traffic control devices is established under ORS 810.210.
Except when acting under the direction of a police officer that contradicts
this section, a driver is in violation of ORS 811.265 if the driver makes a
response to traffic control devices that is not permitted under the following:
     (1) Green signal. A driver facing a green
light may proceed straight through or turn right or left unless a sign at that
place prohibits either turn. A driver shall yield the right of way to other
vehicles within the intersection at the time the green light is shown.
     (2) Green arrow. A driver facing a green
arrow signal light, shown alone or in combination with another signal, may
cautiously enter the intersection only to make the movement indicated by such
arrow or such other movement as is permitted by other signals shown at the same
time.
     (3) Steady circular yellow signal. A
driver facing a steady circular yellow signal light is thereby warned that the
related right of way is being terminated and that a red or flashing red light
will be shown immediately. A driver facing the light shall stop at a clearly
marked stop line, but if none, shall stop before entering the marked crosswalk
on the near side of the intersection, or if there is no marked crosswalk, then
before entering the intersection. If a driver cannot stop in safety, the driver
may drive cautiously through the intersection.
     (4) Steady yellow arrow signal. A driver
facing a steady yellow arrow signal, alone or in combination with other signal
indications, is thereby warned that the related right of way is being
terminated. Unless entering the intersection to make a movement permitted by
another signal, a driver facing a steady yellow arrow signal shall stop at a
clearly marked stop line, but if none, shall stop before entering the marked
crosswalk on the near side of the intersection, or if there is no marked
crosswalk, then before entering the intersection. If a driver cannot stop in safety,
the driver may drive cautiously through the intersection.
     (5) Steady circular red signal. A driver
facing a steady circular red signal light alone shall stop at a clearly marked
stop line, but if none, before entering the marked crosswalk on the near side
of the intersection, or if there is no marked crosswalk, then before entering
the intersection. The driver shall remain stopped until a green light is shown
except when the driver is permitted to make a turn under ORS 811.360.
     (6) Steady red arrow signal. A driver
facing a steady red arrow signal, alone or in combination with other signal
indications, may not enter the intersection to make the movement indicated by
the red arrow signal. Unless entering the intersection to make some other
movement which is permitted by another signal, a driver facing a steady red
arrow signal shall stop at a clearly marked stop line, but if none, before
entering the marked crosswalk on the near side of the intersection, or if there
is no marked crosswalk, then before entering the intersection. The vehicle
shall remain stopped until a green light is shown except when the driver is
permitted to make a turn under ORS 811.360.
     (7) Traffic control devices at places
other than intersections. If a traffic control device that is a signal is
erected and maintained at a place other than an intersection, the provisions of
this section relating to signals shall be applicable. A required stop shall be
made at a sign or marking on the roadway indicating where the stop shall be made,
but in the absence of such sign or marking the stop shall be made at the
signal.
     (8) Flashing red signal. When a driver
approaches a flashing red light used in a traffic control device or with a
traffic sign, the driver shall stop at a clearly marked stop line, but if none,
before entering the marked crosswalk on the near side of the intersection, or
if there is no marked crosswalk, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering it. The right to proceed shall be subject to the rules
applicable after making a stop at a stop sign. This subsection does not apply
at railroad grade crossings. Conduct of a driver approaching a railroad grade
crossing is governed by ORS 811.455.
     (9) Flashing yellow signal. When a driver
approaches a flashing yellow light used as a signal in a traffic control device
or with a traffic sign, the driver may proceed through the intersection or past
the signal only with caution. This subsection does not apply at railroad grade
crossings. Conduct of a driver approaching a railroad grade crossing is
governed by ORS 811.455.
     (10) Lane direction control signals. When
lane direction control signals are placed over the individual lanes of a highway,
a person may drive a vehicle in any lane over which a green signal light is
shown, but may not enter or travel in any lane over which a red signal light is
shown.
     (11) Stop signs. A driver approaching a
stop sign shall stop at a clearly marked stop line, but if none, before
entering the marked crosswalk on the near side of the intersection or, if there
is no marked crosswalk, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the intersecting roadway
before entering it. After stopping, the driver shall yield the right of way to
any vehicle in the intersection or approaching so closely as to constitute an
immediate hazard during the time when the driver is moving across or within the
intersection.
     (12) Yield signs. A driver approaching a
yield sign shall slow the driverÂ’s vehicle to a speed reasonable for the
existing conditions and if necessary for safety, shall stop at a line as
required for stop signs under this section, and shall yield the right of way to
any vehicles in the intersection or approaching so closely as to constitute an
immediate hazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6; 2003 c.278 §6]
     811.265
Failure to obey traffic control device; penalty. (1) A person commits the offense of driver
failure to obey traffic control device if the person drives a vehicle and the
person does any of the following:
     (a) Fails to obey the directions of any
traffic control device.
     (b) Fails to obey any specific traffic
control device described in ORS 811.260 in the manner required by that section.
     (2) A person is not subject to this
section if the person is doing any of the following:
     (a) Following the directions of a police
officer.
     (b) Driving an emergency vehicle or
ambulance in accordance with the privileges granted those vehicles under ORS
820.300.
     (c) Properly executing a turn on a red
light as authorized under ORS 811.360.
     (d) Driving in a funeral procession led by
a funeral lead vehicle or under the direction of the driver of a funeral escort
vehicle.
     (3) The offense described in this section,
driver failure to obey a traffic control device, is a Class B traffic
violation. [1983 c.338 §608; 1991 c.482 §13]
     811.270
Failure to obey one-way designation; penalty. (1) A person commits the offense of failure to obey a one-way
designation if the person is operating a vehicle and the person proceeds upon a
roadway designated for one-way traffic in a direction other than that indicated
by a traffic control device.
     (2) The offense described in this section,
failure to obey a one-way designation, is a Class B traffic violation. [1983
c.338 §610]
(Right of
Way)
     811.275
Failure to yield right of way at uncontrolled intersection; penalty. (1) A person commits the offense of failure
to yield the right of way at an uncontrolled intersection if the person is
operating a motor vehicle that is approaching an uncontrolled highway
intersection and the person does not look out for and give right of way to any
driver on the right simultaneously approaching a given point, regardless of
which driver first reaches and enters the intersection.
     (2) This section is subject to the
described provisions of the following sections:
     (a) The provisions of ORS 811.260,
relating to stop signs and yield signs.
     (b) The provisions of ORS 811.285,
relating to the requirements to yield the right of way upon entering a freeway
or other arterial highway.
     (c) The provisions of ORS 811.277,
relating to the right of way at an uncontrolled T intersection.
     (3) A person entering an intersection at
an unlawful speed shall forfeit any right of way the person would otherwise
have under subsection (1) of this section.
     (4) The offense described in this section,
failure to yield right of way at an uncontrolled intersection, is a Class B
traffic violation. [1983 c.338 §611; 1985 c.16 §311; 1987 c.138 §4; 2003 c.183 §3]
     811.277
Failure to yield right of way at uncontrolled T intersection; penalty. (1) A person commits the offense of failure
to yield the right of way at an uncontrolled T intersection if the person is
operating a motor vehicle on a highway that ends at an uncontrolled T
intersection and the person does not yield the right of way to any driver who
is on the highway at the top of the T intersection.
     (2) As used in this section and ORS
811.275:
     (a) “T intersection” means an intersection
at which one highway is perpendicular to another and at which one of the
highways ends.
     (b) “Top of the T intersection” means the
highway that does not end at the junction of two highways.
     (3) The offense described in this section,
failure to yield the right of way at an uncontrolled T intersection, is a Class
B traffic violation. [2003 c.183 §2]
     811.280
Failure of driver entering roadway to yield right of way; penalty. (1) A person commits the offense of failure
of a driver entering a roadway to yield the right of way if the person:
     (a) Is operating a vehicle that is about
to enter or cross a roadway from any private road, driveway, alley or place
other than another roadway; and
     (b) Does not yield the right of way to any
vehicle approaching on the roadway to be entered or crossed so closely as to
constitute an immediate hazard.
     (2) This section does not apply where the
movement of traffic is otherwise directed by a traffic control device or a
driver of a funeral escort vehicle.
     (3) The offense described in this section,
failure of driver entering roadway to yield right of way, is a Class B traffic
violation. [1983 c.338 §612; 1991 c.482 §14; 1995 c.383 §54]
     811.285
Failure of merging driver to yield right of way; penalty. (1) A person commits the offense of failure
of a merging driver to yield the right of way if the person is operating a
vehicle that is entering a freeway or other arterial highway where an
acceleration or merging lane is provided for the operatorÂ’s use and the
operator does not look out for and give right of way to vehicles on the freeway
or other arterial highway.
     (2) The offense described in this section,
failure of a merging driver to yield the right of way, is a Class B traffic
violation. [1983 c.338 §613; 1995 c.383 §55]
     811.290
Obstructing cross traffic; penalty. (1) A person commits the offense of obstructing cross traffic if the
person is operating a vehicle and the person enters an intersection or a marked
crosswalk when there is not sufficient space on the other side of the
intersection or crosswalk to accommodate the vehicle without obstructing the
passage of other vehicles or pedestrians.
     (2) The offense described in this section
applies whether or not a traffic control device indicates to proceed.
     (3) The offense described in this section,
obstructing cross traffic, is a Class D traffic violation. [1983 c.338 §614;
1995 c.383 §56]
     811.292
Failure to yield right of way within roundabout; exception; penalty. (1) A person commits the offense of failure
to yield right of way within a roundabout if the person operates a motor
vehicle upon a multilane circulatory roadway and does not yield the right of
way to a second vehicle lawfully exiting the roundabout from a position ahead
and to the left of the personÂ’s vehicle.
     (2) This section does not apply if a
traffic control device indicates that the operator of a motor vehicle should
take other action.
     (3) The offense described in this section,
failure to yield right of way within a roundabout, is a Class C traffic
violation. [2001 c.464 §5]
     Note: 811.292 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
(Driving on
the Right)
     811.295
Failure to drive on right; exceptions; penalty. (1) A person commits the offense of failure
to drive on the right if the person is operating a vehicle on a roadway of
sufficient width and the person does not drive on the right half of the
roadway.
     (2) A person is not required to drive on
the right side of the roadway by this section under any of the following
circumstances:
     (a) When overtaking and passing another
vehicle proceeding in the same direction under the rules governing this
movement in ORS 811.410 to 811.425 or 811.808.
     (b) When preparing to turn left in an
intersection, alley or private road or driveway.
     (c) When an obstruction or condition
exists making it necessary to drive to the left of the center of the roadway,
provided that a driver doing so shall yield the right of way to all vehicles
traveling in the proper direction upon the unobstructed portion of the roadway
within a distance as to constitute an immediate hazard.
     (d) Upon a roadway divided into three
marked lanes for traffic under the rules applicable on the roadway under ORS
811.380.
     (e) Upon a roadway restricted to one-way
traffic.
     (3) The offense described in this section,
failure to drive on the right, is a Class B traffic violation. [1983 c.338 §615;
1991 c.482 §15]
     811.300
Failure to drive on right of approaching vehicle; exceptions; penalty. (1) A person commits the offense of failure
to drive on the right of an approaching vehicle if the person is operating a
vehicle upon a roadway having width for not more than one lane of traffic in
each direction and the person does not:
     (a) Pass to the right of any other vehicle
proceeding on the roadway in the opposite direction; and
     (b) Give to the other at least one-half of
the main traveled portion of the roadway as nearly as possible.
     (2) This section does not apply to a
person operating a vehicle as otherwise directed by a traffic control device.
     (3) The offense described in this section,
failure to drive on the right of an approaching vehicle, is a Class B traffic
violation. [1983 c.338 §616]
     811.305
Driving on left on curve or grade or at intersection or rail crossing;
exceptions; penalty. (1) A
person commits the offense of driving on the left on a curve or grade or at an
intersection or rail crossing if the person is operating a vehicle upon any
two-way roadway where traffic is permitted to move in both directions
simultaneously and the person drives on the left side of the center of the roadway:
     (a) Upon any part of a grade or upon a
curve in the roadway where the driverÂ’s view is obstructed for such a distance
as to create a hazard in the event another vehicle might approach from the
opposite direction;
     (b) When approaching an intersection or
railroad grade crossing where the driverÂ’s view is obstructed for such a
distance as to create a hazard in the event another vehicle might approach from
the opposite direction; or
     (c) At any intersection or railroad grade
crossing.
     (2) This section does not prohibit a
person from driving on the left side of the center of a roadway under the
following circumstances:
     (a) When the right half of the roadway is
obstructed or closed to traffic while under construction or repair; or
     (b) When a driver makes a lawful left
turn.
     (3) The offense described in this section,
driving on the left on a curve or grade or at an intersection or rail crossing,
is a Class B traffic violation. [1983 c.338 §617]
     811.310
Crossing center line on two-way, four-lane road; exceptions; penalty. (1) A person commits the offense of crossing
the center line on a two-way, four-lane road if the person is operating a
vehicle on a two-way roadway that has four or more lanes for moving traffic and
the person drives to the left of the center line of the roadway.
     (2) A person is not prohibited from
driving to the left of the center line of a roadway by this section under the
following circumstances:
     (a) When authorized by a traffic control
device designating certain lanes to the left side of the center of the roadway
for use by traffic.
     (b) When an obstruction or condition
exists making it necessary to drive to the left of the center of the roadway,
provided that a driver doing so shall yield the right of way to all vehicles
traveling in the proper direction upon the unobstructed portion of the roadway
within a distance as to constitute an immediate hazard.
     (c) When making a left turn at an
intersection, alley or private road or driveway.
     (3) The offense described in this section,
crossing the center line on a two-way, four-lane road, is a Class B traffic
violation. [1983 c.338 §618]
     811.315
Failure of slow driver to drive on right; exceptions; penalty. (1) A person commits the offense of failure
of a slow driver to drive on the right if the person is operating a vehicle
upon a roadway at less than the normal speed of traffic at the time and place
and under the conditions then existing and the person fails to drive:
     (a) In the right-hand lane available for
traffic; or
     (b) As close as practicable to the
right-hand curb or edge of the roadway.
     (2) This section does not apply under any
of the following circumstances:
     (a) When overtaking and passing another
vehicle proceeding in the same direction under the rules governing passing in ORS
811.410 to 811.425.
     (b) When preparing to turn left at an
intersection, alley or private road or driveway.
     (3) The offense described in this section,
failure of slow driver to drive on the right, is a Class B traffic violation. [1983
c.338 §619; 1995 c.383 §57]
     811.320
Failure to drive to right on divided highway; exceptions; penalty. (1) A person commits the offense of failure
to drive to the right on a divided highway if the person is operating a vehicle
upon a highway divided into two or more roadways by means of an intervening
space or by a physical barrier or clearly indicated dividing section so
constructed as to impede vehicular traffic and the person does not drive only
upon the right-hand roadway.
     (2) This section does not apply if a
person is operating a vehicle in accordance with traffic control devices or the
directions of a police officer that differ from the requirements of this
section.
     (3) The offense described in this section,
failure to drive to the right on a divided highway, is a Class B traffic
violation. [1983 c.338 §620]
     811.325
Failure to keep camper, trailer or truck in right lane; exceptions; penalty. (1) A person commits the offense of failure
to keep a camper, trailer or truck in the right lane if the person is operating
any of the vehicles described in this subsection and the person does not drive
in the right lane of all roadways having two or more lanes for traffic
proceeding in a single direction. This subsection applies to all of the
following vehicles:
     (a) Any camper.
     (b) Any vehicle with a trailer.
     (c) Any vehicle with a registration weight
of 10,000 pounds or more.
     (2) This section does not require the
described vehicles to be driven in the right lane under any of the following
circumstances:
     (a) When overtaking and passing another
vehicle proceeding in the same direction under the rules governing this
movement in ORS 811.410 to 811.425 when such movement can be made without
interfering with the passage of other vehicles.
     (b) When preparing to turn left.
     (c) When reasonably necessary in response
to emergency conditions.
     (d) To avoid actual or potential traffic
moving onto the right lane from an acceleration or merging lane.
     (e) When necessary to follow traffic
control devices that direct use of a lane other than the right lane.
     (3) The offense described in this section,
failure to keep camper, trailer or truck in the right lane, is a Class B
traffic violation. [1983 c.338 §621; 1989 c.723 §18; 1995 c.383 §58; 2005 c.770
§7]
     811.330
Driving wrong way around traffic island; penalty. (1) A person commits the offense of driving
the wrong way around a traffic island if the person is operating a vehicle and
the person drives the vehicle around a rotary traffic island in any direction
except to the right of the island.
     (2) The offense described in this section,
driving the wrong way around a traffic island, is a Class B traffic violation. [1983
c.338 §622]
(Turning)
     811.335
Unlawful or unsignaled turn; penalty. (1) A person commits the offense of making an unlawful or unsignaled
turn if the person is operating a vehicle upon a highway and the person turns
the vehicle right or left when:
     (a) The movement cannot be made with
reasonable safety; or
     (b) The person fails to give an
appropriate signal continuously during not less than the last 100 feet traveled
by the vehicle before turning.
     (2) Appropriate signals for use while
turning are as designated under ORS 811.395 and 811.400.
     (3) The offense described in this section,
making an unlawful or unsignaled turn, is a Class D traffic violation. [1983
c.338 §623; 1995 c.383 §59]
     811.340
Improperly executed left turn; penalty. (1) A person commits the offense of making an improperly executed left
turn if the person operates a vehicle and is intending to turn the vehicle to
the left and the person does not:
     (a) Approach the turn in the extreme
left-hand lane lawfully available to traffic moving in the direction of travel
of the turning vehicle;
     (b) Make the left turn to the left of the
center of the intersection whenever practicable; and
     (c) Except as otherwise allowed by ORS
811.346, leave the intersection or other location in the extreme left-hand lane
lawfully available to traffic moving in the same direction as such vehicle on
the roadway being entered.
     (2) The offense described in this section,
improperly executing a left turn, is a Class B traffic violation. [1983 c.338 §624;
1985 c.16 §312; 1995 c.383 §60; 1997 c.468 §3]
     811.345
Failure to use special left turn lane; penalty. (1) A person commits the offense of failure
to use a special left turn lane if the person is operating a vehicle where a
special lane for making left turns by drivers proceeding in opposite directions
has been indicated by traffic control devices and the person turns the vehicle
left from any other lane.
     (2) The offense described in this section,
failure to use special left turn lane, is a Class B traffic violation. [1983
c.338 §625; 1995 c.383 §61]
     811.346
Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane
if the person uses a special left turn lane for anything other than making a
left turn either into or from the special left turn lane.
     (2) A person who turns into a special left
turn lane from an alley, driveway or other entrance to the highway that has the
special left turn lane is in violation of this section if the person does
anything other than stop in the lane and merge into traffic in the lane
immediately to the right of the personÂ’s vehicle.
     (3) As used in ORS 811.345 and this
section, a “special left turn lane” is a median lane that is marked for left
turns by drivers proceeding in opposite directions.
     (4) The offense described in this section,
misuse of a special left turn lane, is a Class B traffic violation. [1997 c.468
§2]
     811.350
Dangerous left turn; penalty.
(1) A person commits the offense of making a dangerous left turn if the person:
     (a) Is operating a vehicle;
     (b) Intends to turn the vehicle to the
left within an intersection or into an alley, private road, driveway or place
from a highway; and
     (c) Does not yield the right of way to a
vehicle approaching from the opposite direction that is within the intersection
or so close as to constitute an immediate hazard.
     (2) The offense described in this section,
dangerous left turn, is a Class B traffic violation. [1983 c.338 §626; 1985
c.16 §313]
     811.355
Improperly executed right turn; penalty. (1) A person commits the offense of making an improperly executed
right turn if the person is operating a vehicle, is intending to turn the
vehicle to the right and does not proceed as close as practicable to the
right-hand curb or edge of the roadway:
     (a) In making the approach for a right
turn; and
     (b) In making the right turn.
     (2) The offense described in this section,
improperly executed right turn, is a Class B traffic violation. [1983 c.338 §627;
1995 c.383 §62]
     811.360
When vehicle turn permitted at stop light; improper turn at stop light;
penalty. (1) The driver of a
vehicle, subject to this section, who is intending to turn at an intersection
where there is a traffic control device showing a steady circular red signal or
a steady red arrow signal may do any of the following without violating ORS
811.260 and 811.265:
     (a) Make a right turn into a two-way
street.
     (b) Make a right or left turn into a
one-way street in the direction of traffic upon the one-way street.
     (2) A person commits the offense of
improper turn at a stop light if the person does any of the following while
making a turn described in this section:
     (a) Fails to stop at the light as
required.
     (b) Fails to exercise care to avoid an
accident.
     (c) Disobeys the directions of a traffic
control device or a police officer that prohibits the turn.
     (d) Fails to yield the right of way to
traffic lawfully within the intersection or approaching so close as to
constitute an immediate hazard.
     (3) A driver who is making a turn
described in this section is also subject to the requirements under ORS 811.028
to stop for a pedestrian while making the turn.
     (4) The offense described in this section,
improper turn at a stop light, is a Class B traffic violation. [1983 c.338 §628;
1997 c.507 §7; 2003 c.278 §7; 2005 c.746 §3]
     811.365
Illegal U-turn; penalty. (1)
A person commits the offense of making an illegal U-turn if the person is
operating a vehicle and the person turns the vehicle so as to proceed in the
opposite direction in any of the following places:
     (a) Within an intersection where traffic
is controlled by an electrical signal. This paragraph does not apply where
posted otherwise.
     (b) Upon a highway within the limits of an
incorporated city between intersections.
     (c) At any place upon a highway where the
vehicle cannot be seen by another driver approaching from either direction
within a distance of:
     (A) 500 feet within the incorporated
limits of a city; or
     (B) 1,000 feet outside a city.
     (2) The offense described in this section,
illegal U-turn, is a Class C traffic violation unless commission of the offense
contributes to an accident. If commission of the offense contributes to an
accident, the offense is a Class B traffic violation. [1983 c.338 §629; 1995
c.383 §63]
(Lane Use)
     811.370
Failure to drive within lane; penalty. (1) A person commits the offense of failure to drive within a lane if
the person is operating a vehicle upon a roadway that is divided into two or
more clearly marked lanes for traffic and the driver does not:
     (a) Operate the vehicle as nearly as
practicable entirely within a single lane; and
     (b) Refrain from moving from that lane
until the driver has first made certain that the movement can be made with
safety.
     (2) The offense described in this section,
failure to drive within a lane, is a Class B traffic violation. [1983 c.338 §630]
     811.375
Unlawful or unsignaled change of lane; penalty. (1) A person commits the offense of unlawful
or unsignaled change of lanes if the person is operating a vehicle upon a
highway and the person changes lanes by moving to the right or left upon the
highway when:
     (a) The movement cannot be made with
reasonable safety; or
     (b) The driver fails to give an
appropriate signal continuously during not less than the last 100 feet traveled
by the vehicle before changing lanes.
     (2) Appropriate signals for use while
changing lanes are as designated under ORS 811.395 and 811.400.
     (3) The offense described in this section,
unlawful or unsignaled change of lane, is a Class D traffic violation. [1983
c.338 §631; 1995 c.383 §64]
     811.380
Improper use of center lane on three-lane road; penalty. (1) A person commits the offense of improper
use of the center lane on a three-lane road if the person is operating a
vehicle upon a roadway divided into three clearly marked lanes for traffic with
two-way movement of traffic permitted on the roadway and the person operates
the vehicle in the center lane under any circumstances other than as permitted
under the following:
     (a) The driver may drive in the center
lane when the center lane is allocated exclusively to traffic moving in the
same direction that the driver is proceeding by a traffic control device
directing the lane allocation.
     (b) The driver may drive in the center
lane when the driver is overtaking and passing a vehicle proceeding in the same
direction and the center lane is clear of traffic within a safe distance.
     (c) The driver may drive in the center
lane when making a left turn.
     (2) The offense described in this section,
improper use of center lane on three-lane road, is a Class B traffic violation.
[1983 c.338 §632]
     811.385
Depriving motorcycle or moped of full lane; penalty. (1) A person commits the offense of
depriving a motorcycle or moped of a full lane if the person operates a motor
vehicle upon a roadway laned for traffic in a manner that prevents a moped
operator or motorcyclist from full use of a lane.
     (2) This section does not apply to
operators of motorcycles or mopeds whose use of lanes is controlled by ORS
814.240 and 814.250.
     (3) The offense described in this section,
depriving a motorcycle or moped of a full lane, is a Class B traffic violation.
[1983 c.338 §685]
(Signaling)
     811.390
Unlawful use of lights to signal for passing; penalty. (1) A person commits the offense of unlawful
use of lights to signal for passing if the person is operating a vehicle and
the person flashes any lights as a courtesy or “do pass” signal to other
drivers approaching from the rear.
     (2) The offense described in this section,
unlawful use of lights to signal for passing, is a Class D traffic violation. [1983
c.338 §633; 1995 c.383 §65]
     811.395
Appropriate signals for stopping, turning, changing lanes and decelerating. This section establishes appropriate
signals, for purposes of the vehicle code, for use when signals are required
while stopping, turning, changing lanes or suddenly decelerating a vehicle.
This section does not authorize the use of only hand and arm signals when the
use of signal lights is required under ORS 811.405. Vehicle lighting equipment
described in this section is vehicle lighting equipment for which standards are
established under ORS 816.100 and 816.120. Appropriate signals are as follows:
     (1) To indicate a left turn either of the
following:
     (a) Hand and arm extended horizontally
from the left side of the vehicle.
     (b) Activation of front and rear turn
signal lights on the left side of the vehicle.
     (2) To indicate a right turn either of the
following:
     (a) Hand and arm extended upward from the
left side of the vehicle. A person who is operating a bicycle is not in
violation of this paragraph if the person signals a right turn by extending the
personÂ’s right hand and arm horizontally.
     (b) Activation of front and rear turn
signal lights on the right side of the vehicle.
     (3) To indicate a stop or a decrease in
speed either of the following:
     (a) Hand and arm extended downward from
the left side of the vehicle; or
     (b) Activation of brake lights on the
vehicle.
     (4) Change of lane by activation of both
front and rear turn signal lights on the side of the vehicle toward which the
change of lane is made. [1983 c.338 §635; 1985 c.16 §314]
     811.400
Failure to use appropriate signal for turn, lane change, stop or exit from
roundabout; penalty. (1) A
person commits the offense of failure to use an appropriate signal for a turn,
lane change or stop or for an exit from a roundabout if the person does not
make the appropriate signal under ORS 811.395 by use of signal lamps or hand
signals and the person is operating a vehicle that is:
     (a) Turning, changing lanes, stopping or
suddenly decelerating; or
     (b) Exiting from any position within a
roundabout.
     (2) This section does not authorize the
use of only hand signals to signal a turn, change of lane, stop or deceleration
when the use of signal lights is required under ORS 811.405.
     (3) The offense described in this section,
failure to use appropriate signal for a turn, lane change or stop or for an
exit from a roundabout, is a Class B traffic violation. [1983 c.338 §634; 1995
c.383 §66; 2001 c.464 §6]
     811.405
Failure to signal with lights; exceptions; penalty. (1) A person commits the offense of failure
to signal with lights when required if a person is operating a vehicle and does
not use the vehicle lighting equipment described under ORS 811.395 to signal
when turning, changing lanes, stopping or suddenly decelerating under any of
the following circumstances:
     (a) During limited visibility conditions.
     (b) At any time the person is operating a
vehicle or combination of vehicles in which the distance from the center of the
top of the steering post to the left outside limit of the body, cab or load of
the vehicle is greater than 24 inches.
     (c) At any time the person is operating a
vehicle or combination of vehicles in which the distance from the center of the
top of the steering post to the rear limit of the body or load is greater than
14 feet.
     (2) This section does not require the
driver of a moped or bicycle that is not equipped with lighting equipment to
use lighting equipment when required by this section. A driver of such moped or
bicycle shall signal by means of appropriate hand and arm signals described
under ORS 811.395 without violation of this section.
     (3) The offense described in this section,
failure to signal with lights when required, is a Class D traffic violation. [1983
c.338 §636; 1985 c.16 §315; 1995 c.383 §67]
(Passing)
     811.410
Unsafe passing on left; penalty. (1) A person commits the offense of unsafe passing on the left if the
person violates any of the following requirements concerning the overtaking and
passing of vehicles:
     (a) The driver of a vehicle that is overtaking
any other vehicle proceeding in the same direction shall pass to the left of
the other vehicle at a safe distance and shall not again drive to the right
side of the roadway until safely clear of the overtaken vehicle.
     (b) Except when overtaking and passing on
the right is permitted under ORS 811.415, the driver of an overtaken vehicle
shall give way to the right in favor of an overtaking vehicle and shall not
increase the speed of the overtaken vehicle until completely passed by the
overtaking vehicle.
     (c) The driver of a vehicle shall not
drive to the left side of the center of the roadway in overtaking and passing a
vehicle proceeding in the same direction unless the left side is clearly
visible and is free of oncoming traffic for a sufficient distance ahead to
permit the overtaking and passing to be completed without interfering with the
operation of a vehicle approaching from the opposite direction or a vehicle
overtaken.
     (d) An overtaking vehicle shall return to
an authorized lane of traffic as soon as practicable.
     (2) This section does not authorize
driving on the left side of the center of the road when prohibited under the
following:
     (a) Limitations on driving on the left of
the center of a roadway under ORS 811.305.
     (b) Passing in a no passing zone under ORS
811.420.
     (c) ORS 811.295, 811.300 and 811.310 to
811.325 that require driving on the right.
     (3) The offense described in this section,
unsafe passing on the left, is a Class B traffic violation. [1983 c.338 §637;
1987 c.158 §168a]
     811.415
Unsafe passing on right; penalty. (1) A person commits the offense of unsafe passing on the right if the
person:
     (a) Drives a vehicle to overtake and pass
upon the right of another vehicle at any time not permitted under this section.
     (b) Drives a vehicle to overtake and pass
upon the right of another vehicle at any time by driving off the paved portion
of the highway.
     (2) For purposes of this section, a person
may drive a vehicle to overtake and pass upon the right of another vehicle
under any of the following circumstances:
     (a) Overtaking and passing upon the right
is permitted if:
     (A) The overtaken vehicle is making or the
driver has signaled an intention to make a left turn;
     (B) The paved portion of the highway is of
sufficient width to allow two or more lanes of vehicles to proceed lawfully in
the same direction as the overtaking vehicle; and
     (C) The roadway ahead of the overtaking
vehicle is unobstructed for a sufficient distance to permit passage by the
overtaking vehicle to be made in safety.
     (b) Overtaking and passing upon the right
is permitted if the overtaken vehicle is proceeding along a roadway in the left
lane of two or more clearly marked lanes allocated exclusively to vehicular
traffic moving in the same direction as the overtaking driver.
     (c) Overtaking and passing upon the right
is permitted if the overtaking vehicle is a bicycle that may safely make the
passage under the existing conditions.
     (3) The offense described in this section,
unsafe passing on the right, is a Class B traffic violation. [1983 c.338 §638;
1987 c.158 §169; 2005 c.316 §1]
     811.420
Passing in no passing zone; exceptions; penalty. (1) A person commits the offense of passing
in a no passing zone if the person drives a vehicle on the left side of a
roadway in a no passing zone that has been established and designated to
prohibit such movements by appropriate signs or markings posted on the roadway.
     (2) The authority to establish and post no
passing zones for purposes of this section is established under ORS 810.120.
     (3) The provisions of this section do not
apply under any of the following circumstances:
     (a) When a driver turns left into or from
an alley, intersection, private road or driveway.
     (b) When an obstruction or condition
exists making it necessary to drive to the left of the center of the roadway
provided that a driver doing so shall yield the right of way to all vehicles
traveling in the proper direction upon the unobstructed portion of the roadway
within a distance that would constitute an immediate hazard.
     (4) The offense described in this section,
passing in a no passing zone, is a Class B traffic violation. [1983 c.338 §639;
1985 c.16 §316]
     811.425
Failure of slower driver to yield to overtaking vehicle; penalty. (1) A person commits the offense of failure
of a slower driver to yield to overtaking vehicle if the person is driving a
vehicle and the person fails to move the personÂ’s vehicle off the main traveled
portion of the highway into an area sufficient for safe turnout when:
     (a) The driver of the overtaken vehicle is
proceeding at a speed less than a speed established in ORS 811.105 as prima
facie evidence of violation of the basic speed rule;
     (b) The driver of the overtaking vehicle
is proceeding at a speed in conformity with ORS 811.105;
     (c) The highway is a two directional,
two-lane highway; and
     (d) There is no clear lane for passing
available to the driver of the overtaking vehicle.
     (2) This section does not apply to the
driver of a vehicle in a funeral procession.
     (3) The offense described in this section,
failure of a slower driver to yield to overtaking vehicle, is a Class B traffic
violation. [1983 c.338 §640; 1991 c.482 §16; 1995 c.383 §68; 2001 c.104 §307;
2003 c.819 §15]
(Prohibited
Places)
     811.430
Driving on highway divider; exceptions; penalty. (1) A person commits the offense of driving
on a highway divider if the person drives a vehicle over, across or within a
dividing space, barrier or section that is an intervening space, physical
barrier or clearly indicated dividing section so constructed as to impede
vehicular traffic and that divides a highway into two or more roadways.
     (2) This section does not apply when the
movement of a vehicle that is otherwise prohibited by this section is made:
     (a) At an authorized crossover or
intersection; or
     (b) At the specific direction of a road
authority.
     (3) The offense described in this section,
driving on a highway divider, is a Class B traffic violation. [1983 c.338 §642]
     811.435
Operation of motor vehicle on bicycle trail; exemptions; penalty. (1) A person commits the offense of
operation of a motor vehicle on a bicycle trail if the person operates a motor
vehicle upon a bicycle lane or a bicycle path.
     (2) Exemptions to this section are
provided under ORS 811.440.
     (3) This section is not applicable to
mopeds. ORS 811.440 and 814.210 control the operation and use of mopeds on
bicycle lanes and paths.
     (4) The offense described in this section,
operation of a motor vehicle on a bicycle trail, is a Class B traffic
violation. [1983 c.338 §643]
     811.440
When motor vehicles may operate on bicycle lane. This section provides exemptions from the
prohibitions under ORS 811.435 and 814.210 against operating motor vehicles on
bicycle lanes and paths. The following vehicles are not subject to ORS 811.435
and 814.210 under the circumstances described:
     (1) A person may operate a moped on a
bicycle lane that is immediately adjacent to the roadway only while the moped
is being exclusively powered by human power.
     (2) A person may operate a motor vehicle
upon a bicycle lane when:
     (a) Making a turn;
     (b) Entering or leaving an alley, private
road or driveway; or
     (c) Required in the course of official
duty.
     (3) An implement of husbandry may
momentarily cross into a bicycle lane to permit other vehicles to overtake and
pass the implement of husbandry.
     (4) A person may operate a motorized
wheelchair on a bicycle lane or path.
     (5) A person may operate a motor assisted
scooter on a bicycle lane or path.
     (6) A person may operate an electric personal
assistive mobility device on a bicycle lane or path. [1983 c.338 §645; 1991
c.417 §1; 2001 c.749 §24; 2003 c.341 §8]
     811.445
Use of throughway when prohibited; penalty. (1) A person commits the offense of use of a throughway when
prohibited if any use restrictions or prohibitions are posted by appropriate
signs giving notice thereof and the person violates any restriction or
prohibition so posted.
     (2) The authority to impose restrictions
and prohibitions for purposes of this section is granted under ORS 810.020.
     (3) The offense described in this section,
use of throughway when prohibited, is a Class D traffic violation. [1983 c.338 §646;
1995 c.383 §69]
     811.450
Violation of posted truck routes; defense; penalty. (1) A person commits the offense of
violation of posted truck routes if appropriate signs designating truck routes
are posted and the person does not operate a vehicle in compliance with the
posted requirements.
     (2) Authority to establish and change
truck routes for purposes of this section is established in ORS 810.040.
     (3) It is a defense to a charge of
violation of this section if the person so charged can establish that the
person could not reach the personÂ’s destination without traveling upon the
street, road or highway prohibited under the posted requirements.
     (4) The offense described in this section,
violation of posted truck routes, is a Class B traffic violation. [1983 c.338 §647;
1985 c.393 §39; 1995 c.383 §70]
(Rail
Crossings)
     811.455
Failure to stop for railroad signal; penalty. (1) A person commits the offense of failure to stop for a railroad
signal if the person fails to comply with any of the following requirements:
     (a) A person who is driving a vehicle must
stop the vehicle at a clearly marked stop line on the near side of a railroad
crossing or, if there is no clearly marked stop line, not less than 15 feet nor
more than 50 feet from the nearest rail of the crossing under any of the
following circumstances:
     (A) When a clearly visible electric or
mechanical signal is given by a device that warns of the immediate approach of
a railroad train.
     (B) Upon the lowering of a crossing gate.
     (C) When a signal given by a flagger or
police officer indicates the approach or passage of a railroad train.
     (D) When an approaching train is clearly
visible and because of its nearness to the crossing is an immediate hazard.
     (E) When an audible signal is given by an
approaching railroad train because its speed or nearness to the crossing is an
immediate hazard.
     (b) A driver who has stopped for the
passing of a train at a railroad grade crossing in accordance with the
provisions of this section shall not proceed across the railroad tracks until
the driver can do so safely.
     (c) A person shall not drive any vehicle
through, around or under a crossing gate or barrier at a railroad crossing
while the gate or barrier is closed or is being opened or closed.
     (2) The offense described in this section,
failure to stop for a railroad signal, is a Class B traffic violation. [1983
c.338 §648; 1985 c.16 §317; 1995 c.383 §71; 1997 c.249 §232; 2001 c.492 §3]
     811.460
Failure to follow rail crossing procedures for high-risk vehicles; application;
penalty. (1) A person
commits the offense of failure to follow rail crossing procedures for high-risk
vehicles if the person takes any vehicle described in this section across any
railroad or rail fixed guideway system tracks at grade without doing all of the
following:
     (a) Stopping the vehicle at a clearly
marked stop line or, if there is not a clearly marked stop line, not less than
15 feet nor more than 50 feet from the nearest rail of the railroad or rail
fixed guideway system.
     (b) While so stopped, listening and
looking in both directions along the tracks for approaching trains or rail
fixed guideway system vehicles and for signals indicating approaching trains or
rail fixed guideway system vehicles.
     (c) Proceeding across the tracks after
stopping only when such movement can be performed safely in the gear of the
motor vehicle that does not require manually changing gears while proceeding.
     (d) Proceeding across the tracks without
manually changing gears.
     (2) This section applies to the following
vehicles when moved across railroad or rail fixed guideway system tracks:
     (a) A school bus.
     (b) A school activity vehicle with a
loaded weight of 10,000 pounds or more.
     (c) A worker transport bus.
     (d) Any bus operated for transporting
children to and from church or an activity or function authorized by a church.
     (e) Any vehicle used in the transportation
of persons for hire by a nonprofit entity as provided under ORS 825.017 (9).
     (f) A commercial bus.
     (g) A motor vehicle carrying as a cargo or
part of a cargo any explosive substance, inflammable liquids, corrosives or
similar substances or any cargo that the Department of Transportation
determines to be hazardous. For purposes of this paragraph, the department may
only determine a substance to be hazardous by rule. Any rules adopted by the
department to determine hazardous substances must be consistent with substances
classified as hazardous by the United States Secretary of Transportation.
     (h) A tank vehicle, whether loaded or
empty, used for the transportation of any hazardous material.
     (3) Exemptions to this section are
provided under ORS 811.465.
     (4) The offense described in this section,
failure to follow rail crossing procedures for high-risk vehicles, is a Class B
traffic violation. [1983 c.338 §649; 1985 c.16 §318; 1985 c.420 §9; 1989 c.992 §20;
1995 c.383 §72; 1995 c.733 §49; 2001 c.104 §308; 2001 c.492 §4; 2001 c.522 §5]
     811.462
Failure of operator of commercial motor vehicle to slow down and check tracks;
penalty. (1) A person
commits the offense of failure of the operator of a commercial motor vehicle to
slow down and check that tracks are clear of an approaching train if the
person:
     (a) Is operating a commercial motor
vehicle that is not required by ORS 811.460 to stop before reaching a rail
crossing;
     (b) Is approaching a rail crossing at
grade; and
     (c) Fails to slow down and check that the
tracks are clear of an approaching train before proceeding across the railroad
tracks.
     (2) The offense described in this section,
failure of the operator of a commercial motor vehicle to slow down and check
that tracks are clear of an approaching train, is a Class B traffic violation. [2001
c.492 §7]
     811.465
Exemptions from high-risk vehicle rail crossing procedures. This section establishes exemptions from the
special crossing procedures established for high-risk vehicles under ORS
811.460. The exemptions are partial or complete as described in the following:
     (1) The vehicles are not required to
comply with the procedures at a crossing of a street or highway and rail fixed
guideway system tracks if:
     (a) The rail fixed guideway system
vehicles operate within and parallel to the right of way of a street or
highway; and
     (b) All vehicle movements are controlled
by traffic control devices.
     (2) The vehicles are not required to
comply with the procedures when crossing any railway tracks upon which operation
has been abandoned and for which the Department of Transportation has plainly
marked that no stop need be made.
     (3) The vehicles are not required to
comply with the procedures when crossing industry track crossings across which
train operations are required by law to be conducted under flag protection.
     (4) The vehicles are not required to
comply with the procedures when crossing industry track crossings within
districts in which the designated speed of vehicles is 20 miles per hour or
less.
     (5) Vehicles are not required to comply
with the procedures when crossing any crossing where an officer directs traffic
to proceed or where an operating traffic control signal indicates that other
traffic may proceed.
     (6) Vehicles are not required to comply
with the procedures when crossing any crossing protected by crossing gates. The
exemption under this subsection does not apply to:
     (a) School buses or school activity
vehicles that are required to stop at crossings with crossing gates under ORS
811.460;
     (b) Tank vehicles, whether loaded or
empty, used to transport hazardous materials;
     (c) Vehicles transporting any hazardous
material requiring the vehicle to be placarded; or
     (d) High-risk vehicles described in ORS
811.460 that are not otherwise described in this subsection, when operating in
interstate commerce.
     (7) Except when a train or rail fixed
guideway system vehicle is approaching, the driver of a commercial bus is not
required to stop at crossings where the Department of Transportation has
determined and plainly marked that no stop need be made. [1983 c.338 §650; 1985
c.420 §10; 2001 c.522 §6; 2003 c.589 §6]
     811.470
Improper movement of heavy equipment across rail crossing; application;
penalty. (1) A person
commits the offense of improper movement of heavy equipment across a rail
crossing if the person operates or moves any equipment described in this
section upon or across any tracks at a railroad or rail fixed guideway system
grade crossing without complying with any of the following:
     (a) Before moving across the tracks, the
person must give notice of an intended crossing to a responsible officer of the
railroad or rail fixed guideway system in time for protection to be given.
     (b) Where the railroad or rail fixed
guideway system has provided a flagger, the person operating or moving such
equipment shall obey the direction of the flagger.
     (c) The person operating or moving such
equipment must do all of the following:
     (A) The person must stop before making the
crossing at a clearly marked line or, if there is no clearly marked line, not
less than 15 feet nor more than 50 feet from the nearest rail.
     (B) While so stopped, the person must look
and listen in both directions along the tracks for approaching trains.
     (C) The person shall not proceed across
the tracks unless the crossing can be made safely.
     (2) This section applies to the operation
of movement across railroad or rail fixed guideway system tracks of any
crawler-type tractor, steam shovel, derrick, roller or any equipment or
structure having a normal operating speed of 10 miles per hour or less or a
vertical body or load clearance of less than one-half inch per foot of the
distance between any two adjacent axles or in any event of less than nine
inches, measured above the level surface of a roadway.
     (3) The offense described in this section,
improper movement of heavy equipment across a rail crossing, is a Class B
traffic violation. [1983 c.338 §651; 1985 c.16 §319; 1995 c.383 §73; 1997 c.249
§233; 2001 c.522 §7]
     811.475
Obstructing rail crossing; penalty. (1) A person commits the offense of obstructing a rail crossing if the
person is operating a vehicle and the person does either of the following:
     (a) Drives onto any railroad or rail fixed
guideway system grade crossing when there is not sufficient space on the other
side of the railroad or rail fixed guideway system grade crossing to
accommodate the vehicle the person is operating without obstructing the passage
of other vehicles, pedestrians, railroad trains or rail fixed guideway system vehicles;
or
     (b) While driving a commercial motor
vehicle, fails to negotiate the rail crossing because of insufficient
undercarriage clearance.
     (2) The offense described in this section
is applicable whether or not a traffic control device indicates to proceed.
     (3) The offense described in this section,
obstructing rail crossings, is a Class B traffic violation. [1983 c.338 §652;
1995 c.383 §74; 2001 c.492 §5; 2001 c.522 §8]
(Miscellaneous)
     811.480
Illegal backing; penalty.
(1) A person commits the offense of illegal backing if the person backs a
vehicle the person is driving when it is not safe to do so or when it causes
interference with other traffic upon a highway.
     (2) The offense described in this section,
illegal backing, is a Class D traffic violation. [1983 c.338 §653; 1995 c.383 §75]
     811.483
Safety corridors; penalty.
(1) The Department of Transportation shall post signs in safety corridors
chosen by the department indicating that fines for traffic offenses committed
in those safety corridors will be doubled.
     (2)(a) The base fine amount for a person
charged with an offense that is listed in subsection (3)(a) or (b) of this
section and that is committed in a safety corridor chosen by the department
under subsection (1) of this section shall be the amount established under ORS
153.125 to 153.145, based on the foundation amount calculated under ORS
153.131. The minimum fine for a person convicted of an offense that is listed
in subsection (3)(a) or (b) of this section and that is committed in a safety
corridor is the base fine amount so calculated.
     (b) The minimum fine for a person
convicted of a misdemeanor offense that is listed in subsection (3)(c) to (g)
of this section and that is committed in a safety corridor is 20 percent of the
maximum fine established for the offense.
     (c) The minimum fine for a person
convicted of a felony offense that is listed in subsection (3)(c) to (g) of
this section and that is committed in a safety corridor is two percent of the
maximum fine established for the offense.
     (3) This section applies to the following
offenses if committed in the designated safety corridors:
     (a) Class A or Class B traffic violations.
     (b) Class C or Class D traffic violations
related to exceeding a legal speed.
     (c) Reckless driving, as defined in ORS
811.140.
     (d) Driving while under the influence of
intoxicants, as defined in ORS 813.010.
     (e) Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS 811.700 or
811.705.
     (f) Criminal driving while suspended or
revoked, as defined in ORS 811.182.
     (g) Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
     (4) A court may not waive, reduce or
suspend the base fine amount or minimum fine required by this section. [1999
c.1071 §5; 1999 c.1071 §5a; 2001 c.421 §1; 2003 c.100 §3; 2007 c.124 §1]
     811.485
Following too closely; penalty.
(1) A person commits the offense of following too closely if the person does
any of the following:
     (a) Drives a motor vehicle so as to follow
another vehicle more closely than is reasonable and prudent, having due regard
for the speed of the vehicles and the traffic upon, and condition of, the
highway.
     (b) Drives a truck, commercial bus or
motor vehicle drawing another vehicle when traveling upon a roadway outside of
a business or residence district or upon a freeway within the corporate limits
of a city and follows another truck, commercial bus or motor vehicle drawing
another vehicle without, when conditions permit, leaving sufficient space so that
an overtaking vehicle may enter and occupy the space without danger. This
paragraph does not prevent a truck, commercial bus or motor vehicle drawing
another vehicle from overtaking and passing a vehicle or combination of
vehicles.
     (c) Drives a motor vehicle when traveling
upon a roadway outside of a business or residence district or upon a freeway
within the corporate limits of a city in a caravan or motorcade whether or not
towing another vehicle without operating the vehicle so as to leave sufficient
space between vehicles to enable a vehicle to enter and occupy the space
without danger.
     (2) This section does not apply in the
case of a funeral procession. Except for the funeral lead vehicle, vehicles
participating in a funeral procession shall follow the preceding vehicle as
closely as is reasonable and safe.
     (3) The offense described in this section,
following too closely, is a Class B traffic violation. [1983 c.338 §654; 1991
c.482 §20; 2007 c.794 §5]
     811.490
Improper opening or leaving open of vehicle door; penalty. (1) A person commits the offense of improper
opening or leaving open a vehicle door if the person does any of the following:
     (a) Opens any door of a vehicle unless and
until it is reasonably safe to do so and it can be done without interference
with the movement of traffic, or with pedestrians and bicycles on sidewalks or
shoulders.
     (b) Leaves a door open on the side of a
vehicle available to traffic, or to pedestrians or bicycles on sidewalks or
shoulders for a period of time longer than necessary to load or unload
passengers.
     (2) The offense described in this section,
improper opening or leaving open a vehicle door, is a Class D traffic
violation. [1983 c.338 §655; 1985 c.16 §320]
     811.492
Engine braking; penalty; exception. (1) A person commits the offense of engine braking if the person is
operating a motor vehicle on a highway and uses an unmuffled engine brake.
     (2) The offense described in this section,
engine braking, is a Class A traffic violation.
     (3) A person is not in violation of this
section if the person uses an unmuffled engine brake in an emergency situation
to avoid imminent danger to a person or to property. [1993 c.314 §7]
     811.495
Unlawful coasting on downgrade; exception; penalty. (1) A person commits the offense of unlawful
coasting on a downgrade if the person is the driver of a vehicle on a downgrade
and the person coasts with the gears or transmission of the motor vehicle in
neutral or with the clutch disengaged.
     (2) This section does not apply to the
driver of a motorized bicycle.
     (3) The offense described in this section,
unlawful coasting on a downgrade, is a Class D traffic violation. [1983 c.338 §656;
1985 c.16 §321; 1995 c.383 §76]
     811.500
Unlawful stop or deceleration; penalty. (1) A person commits the offense of unlawful stop or deceleration if
the person is operating a vehicle and the person stops or suddenly decreases
the speed of the vehicle without first giving an appropriate signal to the
driver immediately to the rear when there is opportunity to give the signal.
     (2) Appropriate signals for the purpose of
this section are as designated under ORS 811.395 and 811.400.
     (3) The offense described in this section,
unlawful stop or deceleration, is a Class B traffic violation. [1983 c.338 §657;
1995 c.383 §77]
     811.505
Failure to stop when emerging from alley, driveway or building; penalty. (1) A person commits the offense of failure
to stop when emerging from an alley, driveway or building if the person is
operating a vehicle that is emerging from an alley, building, private road or
driveway in a business or residence district and the person does not stop the
vehicle as follows:
     (a) If there is a sidewalk or sidewalk
area, the person must stop the vehicle before driving onto the sidewalk or
sidewalk area.
     (b) If there is no sidewalk or sidewalk
area, the person must stop at the point nearest the roadway to be entered where
the driver has a view of approaching traffic.
     (2) The offense described in this section,
failure to stop when emerging from an alley, driveway or building, is a Class B
traffic violation. [1983 c.338 §658; 1985 c.16 §322; 1995 c.383 §78]
     811.507
Operating motor vehicle while using mobile communication device; penalty. (1) A person under 18 years of age commits
the offense of operating a motor vehicle while using a mobile communication
device if the person, while operating a motor vehicle on a highway, uses a
mobile communication device and the person holds:
     (a) A provisional driver license issued
under ORS 807.065;
     (b) A special student driver permit issued
under ORS 807.230; or
     (c) An instruction driver permit issued
under ORS 807.280.
     (2) For purposes of this section, “mobile
communication device” means a text messaging device or a wireless, two-way
communication device designed to receive and transmit voice or text
communication.
     (3) This section does not apply:
     (a) To a person who is summoning medical
or other emergency help if no other person in the vehicle is capable of
summoning help; or
     (b) To a person using a mobile
communication device for the purpose of farming or agricultural operations.
     (4) Notwithstanding ORS 810.410, a police
officer may enforce this provision only as a secondary action when a driver of
a motor vehicle has been detained for a suspected traffic violation or some
other offense.
     (5) The offense described in this section,
operating a motor vehicle while using a mobile communication device, is a Class
D traffic violation. [2007 c.870 §2]
     Note: 811.507 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     811.510
Dangerous operation around livestock; penalty. (1) A person commits the offense of dangerous
operation around livestock if the person is operating a vehicle upon a highway
and the person fails to do any of the following:
     (a) A driver shall use caution when
approaching or passing a person riding, leading or herding livestock on the
highway.
     (b) If a person riding or leading
livestock upon a highway gives a distress signal to an approaching driver by
raising a hand, the driver must promptly stop the driverÂ’s vehicle, unless
movement forward is necessary to avoid an accident, and, if requested, shall
turn off the engine until the livestock is under control.
     (c) A driver shall yield the right of way
to livestock being driven on a highway.
     (2) This section is only applicable if the
livestock is an animal of the species of horses, mules, donkeys, cattle, swine,
sheep or goats.
     (3) The offense described in this section,
dangerous operation around livestock, is a Class B traffic violation. [1983
c.338 §666]
     811.512
Unlawfully operating low-speed vehicle on highway; penalty. (1) A person commits the offense of
unlawfully operating a low-speed vehicle on a highway if the person operates a
low-speed vehicle on a highway that has a speed limit or posted speed of more
than 35 miles per hour.
     (2) Notwithstanding subsection (1) of this
section, a city or county may adopt an ordinance allowing operation of
low-speed vehicles on city streets or county roads that have speed limits or
posted speeds of more than 35 miles per hour.
     (3) The offense described in this section,
unlawfully operating a low-speed vehicle on a highway, is a Class B traffic
violation. [2001 c.293 §8]
     811.514
Unlawfully operating racing activity vehicle on highway; penalty. (1) A person commits the offense of
unlawfully operating a racing activity vehicle on a highway if the person operates
a racing activity vehicle on a highway that has a speed limit or posted speed
that is greater than 55 miles per hour.
     (2) The offense described in this section,
unlawfully operating a racing activity vehicle on a highway, is a Class B
traffic violation. [2007 c.693 §3c]
     Note: 811.514 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
USE OF LIGHTS
AND WARNINGS
(Lights)
     811.515
When lights must be displayed; kind of light; number; direction; use on certain
vehicles. This section
establishes requirements for ORS 811.520. Except where an exemption under ORS
811.525 specifically provides otherwise, a vehicle that does not comply with
this section is in violation of ORS 811.520. Where specific types of lighting
equipment are mentioned in this section, those types are types described in ORS
816.040 to 816.290. The requirements under this section are as follows:
     (1) Subject to any other provision of this
section, any lighting equipment a vehicle is required to be equipped with under
ORS 816.040 to 816.290 must be displayed when the vehicle is upon a highway
within this state at any time limited visibility conditions exist. The
provisions of this subsection apply during the times stated when the required
visibility is measured on a straight, level unlighted highway.
     (2) Parking lights and lights other than
clearance, identification and marker lights that are mounted on the front of a
vehicle and are designed to be displayed primarily when the vehicle is parked
shall not be lighted when a vehicle is driven upon a highway at times when
limited visibility conditions exist except when:
     (a) The lights are being used as turn
signals; or
     (b) The headlights are also lighted at the
same time.
     (3) Any vehicle parked or stopped upon a
roadway or shoulder adjacent thereto, whether attended or unattended, during
times when limited visibility conditions exist must display parking lights.
     (4) All vehicles not specifically required
by ORS 816.320 to be equipped with lighting equipment shall at times when
limited visibility conditions exist display exempt-vehicle safety lighting
equipment. This section includes, but is not limited to, animal drawn vehicles
and vehicles exempted from required lighting equipment under ORS 816.340.
     (5) Tow vehicle warning lights on tow
vehicles shall be activated when the tow vehicles are engaged in connecting
with other vehicles and drawing such vehicles onto highways or while servicing
disabled vehicles.
     (6) When limited visibility conditions
exist a person shall use a distribution of light or composite beam that is
directed sufficiently high and that is of such intensity so as to reveal
persons and vehicles on the highway at a safe distance in advance of the
vehicle. A person violates this subsection if the person does not comply with
the following:
     (a) Whenever the driver of a vehicle
approaches an oncoming vehicle within 500 feet, the driver must use a
distribution of light or composite beam so aimed that the glaring rays are not
projected into the eyes of the oncoming driver. The use of the low beams of the
vehicle headlight system is in compliance with this paragraph at all times regardless
of road contour and loading of the vehicle.
     (b) Except when in the act of overtaking
or passing, a driver of a vehicle following another vehicle within 350 feet to
the rear must use the low beams of the vehicle headlight system.
     (7) When a vehicle is upon a highway a
person shall light not more than a total of four lights at any one time that
are mounted on the front of a vehicle and that each projects a beam of
intensity greater than 300 candlepower.
     (8)(a) A light, other than a headlight,
that projects a beam of light of an intensity greater than 300 candlepower
shall not be operated on a vehicle:
     (A) Unless the beam is so directed that no
part of the high intensity portion of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than 75 feet from the
vehicle; or
     (B) Except as provided in paragraph (b) of
this subsection, when use of the low beams of the vehicle headlight system is
required under subsection (6) of this section.
     (b) Notwithstanding paragraph (a)(B) of
this subsection, a light, other than a headlight, may be lighted on a
motorcycle provided that the intensity of the light does not exceed the
intensity of the low beams of the headlight system. A motorcycle may not be
operated with more than two lights, other than headlights, under this
paragraph.
     (9) A spotlight shall not be lighted upon
approaching another vehicle unless the spotlight is so aimed and used so that
no part of the high-intensity portion of the beam will be directed to the left
of the prolongation of the extreme left side of the vehicle upon which it is
mounted, more than 100 feet ahead of the vehicle.
     (10) Auxiliary lights mounted higher than
54 inches shall not be lighted when the vehicle is used on a highway.
     (11) A back-up light shall not be lighted
when the vehicle is in forward motion.
     (12) Bus safety lights shall only be
operated in accordance with the following:
     (a) The lights may be operated when the
vehicle is stopping or has stopped for the purpose of loading or unloading
students who are going to or from any school or authorized school activity or
function.
     (b) The lights may be operated when the
vehicle is stopping or has stopped for the purpose of loading or unloading
workers from worker transport buses.
     (c) The lights may be operated when the
vehicle is stopping or has stopped for the purpose of loading or unloading
children being transported to or from religious services or an activity or
function authorized by a religious organization.
     (d) The lights may be operated when the
vehicle is stopping or has stopped in a place that obstructs other driversÂ’
ability to see the bus safety lights on another vehicle.
     (e) Notwithstanding any other paragraph of
this subsection, the lights shall not be operated if the vehicle is stopping or
has stopped at an intersection where traffic is controlled by electrical
traffic control signals, other than flashing signals, or by a police officer.
     (f) Notwithstanding any other paragraph of
this subsection, the lights shall not be operated if the vehicle is stopping or
has stopped at a loading or unloading area where the vehicle is completely off
the roadway.
     (13)(a) Hazard lights shall be used for
the purpose of warning the operators of other vehicles of the presence of a
vehicular traffic hazard requiring the exercise of unusual care in approaching,
overtaking or passing.
     (b) Hazard lights shall be used by the
first and last vehicles in a funeral procession.
     (14) Mail delivery lights may be used only
while in active service transporting
     (15) A pilot vehicle warning light may be
activated only when the vehicle equipped with the light is an escort
accompanying a motor vehicle carrying or towing a load of a size or description
not permitted under ORS 818.020, 818.060, 818.090 or 818.160.
     (16) Fire company warning lights
authorized under a permit granted under ORS 818.250 may be used by the persons
authorized under the permit while being driven to a fire station or fire
location in response to a fire alarm. Fire company warning lights authorized
under ORS 811.800 may be used by funeral escort vehicle or funeral lead vehicle
drivers while driving in a funeral procession. The lights shall be covered or
otherwise concealed when not being displayed as provided in this subsection.
     (17) Any lighted headlights upon a parked
vehicle shall be dimmed.
     (18) Commercial vehicle warning lights may
be used only:
     (a) To warn operators of other vehicles of
the presence of a traffic hazard requiring the exercise of unusual care in
approaching, overtaking or passing the commercial vehicle; and
     (b) When the commercial vehicle is being
used for commercial purposes and the vehicle is:
     (A) Stopped, parked or left standing at a
commercial or work site; or
     (B) In a highway work zone as defined in
ORS 811.230. [1983 c.338 §660; 1985 c.71 §7; 1989 c.402 §1; 1991 c.482 §19;
2003 c.118 §2; 2003 c.245 §1]
     811.520
Unlawful use or failure to use lights; penalty. (1) A person commits the offense of unlawful
use or failure to use lights if the person does any of the following:
     (a) Drives or moves on any highway any
vehicle at a time when vehicle lighting is required to be operated or is
prohibited from being operated under ORS 811.515 and operates or fails to
operate lighting equipment as required under ORS 811.515.
     (b) Owns a vehicle or combination of
vehicles and causes or knowingly permits the vehicle or combination of vehicles
to be driven or moved on any highway at a time when ORS 811.515 requires or
prohibits the operation of vehicle lighting equipment without compliance with
the requirements under ORS 811.515.
     (c) Drives any vehicle in a funeral
procession without using the low beam headlights.
     (2) The application of this section is
subject to the exemptions from this section established under ORS 811.525.
     (3) The offense described in this section,
unlawful use of or failure to use lights, is a Class B traffic violation,
except that violation of ORS 811.515 (3), (4), (13) or (17) or subsection
(1)(c) of this section is a Class D traffic violation. [1983 c.338 §659; 1985
c.16 §323; 1991 c.482 §21; 1995 c.383 §21]
     811.525
Exemptions from requirements for use of lights. This section establishes exemptions from ORS
811.515 and 811.520. The exemptions under this section are in addition to any
exemptions under ORS 801.026. The exemptions established under this section are
partial or complete as described in the following:
     (1) ORS 811.515 and 811.520 shall not be
construed to prohibit the use of additional parts and accessories on any
vehicle not inconsistent with the provisions of those sections.
     (2) Except for the provisions relating to
exempt-vehicle safety lighting equipment, ORS 811.515 and 811.520 do not apply
to any of the following:
     (a) Road machinery.
     (b) Road rollers.
     (c) Farm tractors.
     (d) Antique motor vehicles that are
maintained as a collectorÂ’s item and used for exhibitions, parades, club
activities and similar uses, but not used primarily for the transportation of
persons or property.
     (3) Whenever motor and other vehicles are
operated in combination during the time that lights are required, any lighting
equipment, except the taillight, which by reason of its location on a vehicle
of the combination would be obscured by another vehicle of the combination,
need not be lighted. This subsection shall not affect the requirement that
lighted clearance lights be displayed on the front of the foremost vehicle
required to have clearance lights nor the requirement that all lights on the
rear of the rearmost vehicle of the combination be lighted.
     (4) Lighting equipment on bicycles shall
be lighted as required under ORS 815.280.
     (5) Parked or stopped vehicles are not
required to display parking lights if the road authority for the highway
provides by ordinance or resolution that no lights need be displayed upon a
vehicle parked on the highway in accordance with legal parking regulations
where there is sufficient light to render clearly discernible any person or
object within a distance of 500 feet from the highway.
     (6) Nothing under ORS 811.515 and 811.520
limits the ability to use the following lights with any other lights during the
day or at night:
     (a) Public vehicle warning lights.
     (b) Pilot vehicle warning lights.
     (c) Tow vehicle warning lights.
     (d) Police lights.
     (e) Warning lights on vehicles at the
scene of an actual or potential release of hazardous materials, as described in
ORS 816.280.
     (f) Warning lights on vehicles being used
by medical examiners to reach the scene of an accident or of a death
investigation, as described in ORS 816.280.
     (g) Commercial vehicle warning lights.
     (7) Requirements for use of motorcycle and
moped headlights are under ORS 814.320.
     (8) Requirements for lighting equipment
for an electric personal assistive mobility device are under ORS 815.284. [1983
c.338 §661; 1985 c.16 §324; 1985 c.71 §8; 1999 c.497 §2; 2003 c.245 §2; 2003
c.341 §9]
     811.526
Safety campaign for use of headlights. The Department of Transportation shall conduct a safety campaign to
educate people about the advantages of using headlights in fog or rain or when
driving on a single lane highway. The campaign shall include, but need not be
limited to, encouraging people to drive with headlights on under the specified
conditions. [1997 c.464 §1]
     Note: 811.526 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
(Flares)
     811.530
Failure to post warnings for disabled vehicle; application; penalty. (1) A person commits the offense of failure
to post warnings for a disabled vehicle if the person is the driver, or other
person in charge of a vehicle subject to this section, and the person does not
cause the placement of such roadside vehicle warning devices as the Department
of Transportation may require under ORS 815.035 when the vehicle is disabled
during limited visibility conditions and cannot immediately be removed from the
main traveled portion of a highway outside of a business district or residence
district.
     (2) This section applies only to the
following vehicles:
     (a) School buses.
     (b) School activity vehicles.
     (c) Worker transport buses.
     (d) Vehicles used in transportation of
persons for hire by a nonprofit entity as provided in ORS 825.017 (9).
     (e) A bus being operated for transporting
children to and from religious services or an activity or function authorized
by the religious organization.
     (f) Commercial buses.
     (g) Motor trucks with a registration
weight in excess of 8,000 pounds.
     (h) Trailers with a registration weight in
excess of 8,000 pounds.
     (3) Requirements to be equipped with
roadside vehicle warning devices are contained in ORS 815.285.
     (4) The offense described in this section,
failure to post warnings for a disabled vehicle, is a Class B traffic
violation. [1983 c.338 §662; 1985 c.16 §325; 1985 c.420 §11; 1989 c.992 §21]
OBEYING
POLICE
     811.535
Failing to obey police officer; penalty. (1) A person commits the offense of failing to obey a police officer
if the person refuses or fails to comply with any lawful order, signal or
direction of a police officer who:
     (a) Is displaying the police officer’s
star or badge; and
     (b) Has lawful authority to direct,
control or regulate traffic.
     (2) The offense described in this section,
failing to obey a police officer, is a Class B traffic violation. [1983 c.338 §663;
1995 c.383 §79]
     811.540
Fleeing or attempting to elude police officer; penalty. (1) A person commits the crime of fleeing or
attempting to elude a police officer if:
     (a) The person is operating a motor
vehicle; and
     (b) A police officer who is in uniform and
prominently displaying the police officerÂ’s badge of office or operating a
vehicle appropriately marked showing it to be an official police vehicle gives
a visual or audible signal to bring the vehicle to a stop, including any signal
by hand, voice, emergency light or siren, and either:
     (A) The person, while still in the
vehicle, knowingly flees or attempts to elude a pursuing police officer; or
     (B) The person gets out of the vehicle and
knowingly flees or attempts to elude the police officer.
     (2) It is an affirmative defense to a
prosecution of a person under this section that, after a police officer
operating a vehicle not marked as an official police vehicle signaled the
person to bring the personÂ’s vehicle to a stop, the person proceeded lawfully
to an area the person reasonably believed was necessary to reach before
stopping.
     (3) The offense described in this section,
fleeing or attempting to elude a police officer, is applicable upon any
premises open to the public and:
     (a) Is a Class C felony if committed as
described in subsection (1)(b)(A) of this section; or
     (b) Is a Class A misdemeanor if committed
as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991
c.655 §1; 1997 c.532 §1; 1997 c.860 §1]
PARKING,
STOPPING AND STANDING
(Generally)
     811.550
Places where stopping, standing and parking prohibited. This section establishes places where
stopping, standing and parking a vehicle are prohibited for purposes of the
penalties under ORS 811.555. Except as provided under an exemption in ORS
811.560, a person is in violation of ORS 811.555 if a person parks, stops or
leaves standing a vehicle in any of the following places:
     (1) Upon a roadway outside a business
district or residence district, whether attended or unattended, when it is
practicable to stop, park or leave the vehicle standing off the roadway.
Exemptions under ORS 811.560 (1), (7) and (9) are applicable to this
subsection.
     (2) On a shoulder, whether attended or
unattended, unless a clear and unobstructed width of the roadway opposite the
standing vehicle is left for the passage of other vehicles and the standing
vehicle is visible from a distance of 200 feet in each direction upon the
roadway or the person, at least 200 feet in each direction upon the roadway,
warns approaching motorists of the standing vehicle by use of flaggers, flags,
signs or other signals. Exemptions under ORS 811.560 (9) are applicable to this
subsection.
     (3) On the roadway side of a vehicle
stopped or parked at the edge or curb of a highway. Exemptions under ORS
811.560 (7) are applicable to this subsection.
     (4) On a sidewalk. Exemptions under ORS
811.560 (4) to (7) are applicable to this subsection.
     (5) Within an intersection. Exemptions
under ORS 811.560 (4) to (7) are applicable to this subsection.
     (6) On a crosswalk. Exemptions under ORS
811.560 (4) to (7) are applicable to this subsection.
     (7) Between a safety zone and the adjacent
curb or within 30 feet of points on the curb immediately opposite the ends of a
safety zone, unless a different length is indicated by signs and markings. For
purposes of this subsection the safety zone must be an area or space officially
set apart within a roadway for the exclusive use of pedestrians and which is protected
or is so marked or indicated by adequate signs as to be plainly visible at all
times while set apart as a safety zone. Exemptions under ORS 811.560 (4) to (7)
are applicable to this subsection.
     (8) Alongside or opposite a street
excavation or obstruction when stopping, standing or parking would obstruct
traffic. Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
     (9) Upon a bridge or other elevated
structure upon a highway. Exemptions under ORS 811.560 (4) to (8) are applicable
to this subsection.
     (10) Within a highway tunnel. Exemptions
under ORS 811.560 (4) to (7) are applicable to this subsection.
     (11) On any railroad or rail fixed
guideway system tracks or within seven and one-half feet of the nearest rail at
a time when the parking of vehicles would conflict with operations or repair of
the tracks. Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
     (12) On a throughway. Exemptions under ORS
811.560 (4) to (7) are applicable to this subsection.
     (13) In the area between roadways of a
divided highway, including crossovers. Exemptions under ORS 811.560 (4) to (7)
are applicable to this subsection.
     (14) At any place where traffic control
devices prohibit stopping. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
     (15) In front of a public or private
driveway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to
this subsection.
     (16) Within 10 feet of a fire hydrant.
Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this
subsection.
     (17) Within 20 feet of a crosswalk at an
intersection. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to
this subsection.
     (18) Within 50 feet upon the approach to
an official flashing signal, stop sign, yield sign or traffic control device
located at the side of the roadway if the standing or parking of a vehicle will
obstruct the view of any traffic control device located at the side of the
roadway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this
subsection.
     (19) Within 15 feet of the driveway
entrance to a fire station and on the side of a street opposite the entrance to
a fire station, within 75 feet of the entrance. Exemptions under ORS 811.560
(2) and (4) to (7) are applicable to this subsection.
     (20) At any place where traffic control
devices prohibit standing. Exemptions under ORS 811.560 (2) and (4) to (7) are
applicable to this subsection.
     (21) Within 50 feet of the nearest rail of
a railroad or rail fixed guideway system crossing. Exemptions under ORS 811.560
(3) to (7) are applicable to this subsection.
     (22) At any place where traffic control
devices prohibit parking. Exemptions under ORS 811.560 (3) to (7) are
applicable to this subsection.
     (23) On a bicycle lane. Exemptions under
ORS 811.560 are applicable to this subsection.
     (24) On a bicycle path. Exemptions under
ORS 811.560 are applicable to this subsection. [1983 c.338 §669; 1985 c.21 §1;
1985 c.334 §1; 1989 c.433 §2; 1997 c.249 §234; 2001 c.522 §9]
     811.555
Illegal stopping, standing or parking; affirmative defense; penalty. (1) A person commits the offense of illegal
stopping, standing or parking if:
     (a) The person stops, parks or leaves
standing a vehicle in a place where such stopping, parking or standing is
prohibited under ORS 811.550; or
     (b) The person is the owner of an
unattended vehicle parked in a place where such parking is prohibited under ORS
811.550.
     (2) Exemptions from this section are
established under ORS 811.560.
     (3) A police officer, under authority
granted by ORS 810.430, may move or require to be moved a vehicle that is
stopped, parked or left standing in violation of this section.
     (4) It is an affirmative defense to a
prosecution of the owner of a vehicle under subsection (1)(b) of this section
that the use of the vehicle was not authorized by the owner, either expressly
or by implication.
     (5) The offense described by this section,
illegal stopping, standing or parking, is a Class D traffic violation. [1983
c.338 §668; 1987 c.687 §4]
     811.560
Exemptions from prohibitions on stopping, standing and parking. This section provides exemptions from ORS
811.550 and 811.555. The following exemptions are applicable as provided under
ORS 811.550:
     (1) When applicable, this subsection
exempts school buses or worker transport buses stopped on a roadway to load or
unload workers or children, providing that the flashing school bus safety
lights on the bus are operating.
     (2) When applicable, this subsection
exempts vehicles stopped, standing or parked momentarily to pick up or
discharge a passenger.
     (3) When applicable, this subsection
exempts vehicles stopped, standing or parked momentarily for the purpose of and
while actually engaged in loading or unloading property or passengers.
     (4) When applicable, this subsection
exempts vehicles owned or operated by the state, a county or city when
stopping, standing or parking is necessary to perform maintenance or repair
work on the roadway.
     (5) When applicable, this subsection
exempts vehicles from the prohibitions and penalties when the driverÂ’s
disregard of the prohibitions is necessary to avoid conflict with other
traffic.
     (6) When applicable, this subsection
exempts vehicles acting in compliance with law or at the direction of a police
officer or a traffic control device.
     (7) When applicable, this subsection
exempts the driver of a vehicle that is disabled in such manner and to such
extent that the driver cannot avoid stopping or temporarily leaving the
disabled vehicle in a prohibited position.
     (8) When applicable, this subsection
exempts vehicles owned or operated by the State Department of Fish and Wildlife
when stopping, standing or parking is necessary to enable employees to release
fish.
     (9) When applicable, this subsection
exempts vehicles momentarily stopped to allow oncoming traffic to pass before
making a right-hand or left-hand turn or momentarily stopped in preparation for
or while negotiating an exit from the road. [1983 c.338 §670; 1985 c.334 §2;
1989 c.433 §3]
     811.565
Dangerous movement of stopped, standing or parked vehicle; penalty. (1) A person commits the offense of
dangerous movement of a stopped, standing or parked vehicle if the person moves
a vehicle so stopped, standing or parked when the movement cannot be made with
reasonable safety.
     (2) The offense described in this section,
dangerous movement of a stopped, standing or parked vehicle, is a Class B
traffic violation. [1983 c.338 §675; 1995 c.383 §80]
     811.570
Improperly positioning parallel parked vehicle; exception; affirmative defense;
penalty. (1) A person
commits the offense of improperly positioning a parallel parked vehicle if:
     (a) The person stops or parks a vehicle on
a highway where parallel parking is permitted and the vehicle is not parked in
accordance with the following:
     (A) Upon a two-way highway, the vehicle
shall be positioned so that the right-hand wheels are parallel to and within 12
inches of the right curb or, if none, as close as possible to the right edge of
the right shoulder.
     (B) On a one-way highway where parallel
parking is permitted on either side, a vehicle parked or stopped on the right
side shall be positioned in accordance with the requirements of subparagraph
(A) of this paragraph and a vehicle parked or stopped on the left side shall be
positioned so that the left-hand wheels are parallel to and within 12 inches of
the left curb or, if none, as close as possible to the left edge of the left
shoulder.
     (C) Where marked parking spaces are
provided, a vehicle shall be positioned so that it faces in the direction in
which vehicles in the adjacent lane of the roadway are required to travel and
so that the wheels are within the parking space markings which are parallel to
the curb or, if none, to the edge of the shoulder; or
     (b) The person is the owner of an
unattended vehicle parked on a highway in violation of paragraph (a) of this
subsection.
     (2) The provisions of this section do not
apply to the driver of a vehicle that is disabled in such manner and to such
extent that the driver cannot avoid stopping or temporarily leaving the
disabled vehicle in a position prohibited by this section.
     (3) A police officer, under authority
granted by ORS 810.430, may move or require to be moved a vehicle that is
parked in violation of this section.
     (4) It is an affirmative defense to a
prosecution of the owner of a vehicle under subsection (1)(b) of this section
that the use of the vehicle was not authorized by the owner, either expressly
or by implication.
     (5) The offense described in this section,
improperly positioning a parallel parked vehicle, is a Class D traffic
violation. [1983 c.338 §671; 1987 c.687 §5]
     811.575
Violation of posted parking restrictions on state highways; affirmative
defense; penalty. (1) A
person commits the offense of violation of posted parking restrictions on state
highways if appropriate signs or markings are posted giving notice of any
regulations, restrictions or prohibitions on the parking, stopping or standing
of vehicles on a state highway and:
     (a) The person parks, stops or stands a
vehicle on a state highway in violation of any such regulations, restrictions
or prohibitions; or
     (b) The person is the owner of an
unattended vehicle parked on a state highway in violation of any such
regulations, restrictions or prohibitions.
     (2) Authority to impose restrictions,
regulations and prohibitions on parking, stopping or standing of vehicles on
state highways is established under ORS 810.160.
     (3) It is an affirmative defense to a
prosecution of the owner of a vehicle under subsection (1)(b) of this section
that the use of the vehicle was not authorized by the owner, either expressly
or by implication.
     (4) The offense described in this section,
violation of posted parking restrictions on state highways, is a Class D
traffic violation. [1983 c.338 §672; 1987 c.687 §6]
     811.580
Parking vehicle on state highway for vending purposes; penalty. (1) A driver commits the offense of unlawful
parking for vending purposes if the person parks or leaves standing a vehicle
on a right of way of a state highway for the purpose of advertising, selling or
offering merchandise for sale except pursuant to written agreement with the
Department of Transportation.
     (2) The offense described in this section,
unlawful parking for vending purposes is a Class D traffic violation. [1983
c.338 §674]
     811.585
Failure to secure motor vehicle; affirmative defense; penalty. (1) A person commits the offense of failure
to secure a motor vehicle if the person is driving or is in charge of a motor
vehicle and:
     (a) The person permits the vehicle to
stand unattended on a highway without first doing all of the following:
     (A) Stopping the engine.
     (B) Turning the front wheels to the curb
or side of the highway when standing upon any grade.
     (C) Locking the ignition.
     (D) Removing the key from the ignition.
     (E) Effectively setting the brake on the
vehicle; or
     (b) The person is the owner of an
unattended motor vehicle parked on a highway in violation of paragraph (a) of
this subsection.
     (2) It is an affirmative defense to a
prosecution of the owner of a vehicle under subsection (1)(b) of this section
that the use of the vehicle was not authorized by the owner, either expressly
or by implication.
     (3) The offense described in this section,
failure to secure a motor vehicle, is a Class D traffic violation. [1983 c.338 §676;
1985 c.16 §326; 1987 c.687 §7; 1995 c.383 §81]
(Winter
Recreation Parking Areas)
     811.590
Unlawful parking in winter recreation parking area; exemptions; penalty. (1) A person commits the offense of unlawful
parking in a winter recreation parking area if the person parks a vehicle in a
location designated as a winter recreation parking area under ORS 810.170 at
any time from November 1 of any year to April 30 of the next year and the
vehicle is not displaying a winter recreation parking permit issued under ORS
811.595.
     (2) Unless the police officer issuing the
citation witnesses the parking of the vehicle, a rebuttable presumption exists
that a vehicle parked in violation of this section was parked by the registered
owner of the vehicle. If the parking of the vehicle is witnessed by the police
officer, the operator of the vehicle is in violation of this section.
     (3) In addition to those vehicles
displaying a winter recreation parking permit, the following vehicles are not
subject to the prohibition or penalty under this section:
     (a) A vehicle owned and operated by the
     (b) A vehicle owned and operated by this
state or by any city, district or political subdivision thereof.
     (c) A vehicle owned by a resident of
another state if the vehicle displays a winter area parking permit issued in
accordance with the laws of the state in which the owner of the vehicle resides
and that is similar to the winter recreation parking permit issued under ORS
811.595. The exemption under this paragraph is only granted to the extent that
a similar exemption or privilege is granted under the laws of the other state
for vehicles displaying a winter recreation parking permit issued under ORS
811.595.
     (4) The offense described in this section,
unlawful parking in a winter recreation parking area, is punishable by a fine
of $30. [1983 c.338 §678; 1999 c.1010 §1; 2007 c.810 §6]
     811.595
Winter recreation parking permit; rules; fees. A winter recreation parking permit is a
vehicle permit that is issued as evidence of a grant of authority to park a
vehicle in a winter recreation parking location established under ORS 810.170
without violation of ORS 811.590. The Department of Transportation shall
establish a program for the issuance of winter recreation parking permits under
this section. The program established by the department shall comply with all
of the following:
     (1) The department shall adopt rules
necessary for the issuance and administration of winter recreation parking
permits. The rules shall be adopted under ORS chapter 183.
     (2) The department shall include all of
the following in the rules adopted under this section:
     (a) The type of permit.
     (b) The manner in which the permit is to
be issued.
     (c) The manner of displaying the permit on
a vehicle.
     (d) Procedures for issuance of permits by
persons appointed by the department.
     (3) Vehicle permits issued under this
section shall be transferable from vehicle to vehicle.
     (4) The fees for issuance of winter
recreation parking permits are as provided under ORS 811.600. [1983 c.338 §679;
1985 c.16 §327]
     811.600
Fees for winter recreation parking permits. The Oregon Transportation Commission shall set the fees for issuance
of a winter recreation parking permit issued under ORS 811.595 by rule. The
commission shall consider recommendations of the Winter Recreation Advisory
Committee in setting the fees under this section. The fees established for
issuance of winter recreation parking permits shall be designed to cover the
costs of enforcing the requirement for winter recreation parking permits and of
removing snow from winter recreation parking locations designated under ORS
810.170, but may not exceed the following:
     (1) For winter recreation parking permits
valid for a period of one day, $5.
     (2) For winter recreation parking permits
valid for a period of three consecutive days, $10.
     (3) For winter recreation parking permits
valid for a period of one year beginning each November, $30. [1983 c.338 §684(1);
1985 c.16 §329(1); 1985 c.139 §5(1); 1993 c.245 §1; 1997 c.583 §7; 1999 c.1010 §2]
(Parking for
Persons With Disabilities)
     811.602
Disabled person parking permit; content; rules. (1) A disabled person parking permit is a
means of identifying vehicles being used to exercise the parking privileges
described in ORS 811.635. The following are disabled person parking permits:
     (a) A special decal described in ORS
811.605 issued by the Department of Transportation to be affixed to a golf cart
or substantially similar vehicle;
     (b) An individual placard described in ORS
811.605;
     (c) A program placard issued by the
department under ORS 811.607;
     (d) A family placard issued by the
department under ORS 811.609;
     (e) A foreign visitor placard issued by
the department under ORS 811.611; and
     (f) A “Wheelchair User” placard or decal
issued by the department under ORS 811.613.
     (2) The department shall issue a disabled
person parking permit in the form of a decal or individual placard to any
person who submits an application that complies with ORS 811.604. Nothing in
this section prohibits the department from issuing a decal or individual
placard to a person who has disabled veteran registration plates issued under
ORS 805.100 and who qualifies for the decal or placard.
     (3) Except as otherwise provided in this
subsection, the department may not issue more than one individual placard to an
applicant. The department may issue a replacement placard upon receipt of proof
satisfactory to the department that the original placard has been lost,
mutilated or destroyed. The department may issue a temporary duplicate permit
to a person who needs a duplicate permit for travel purposes. A temporary
duplicate permit shall be valid for 30 days. The department shall adopt rules
governing application for and issuance of temporary duplicate permits. Nothing
in this subsection prohibits issuance of an individual placard to a person who
has been issued a decal.
     (4) Permits issued under this section, other
than temporary duplicate permits, may be renewed by mail.
     (5) Permits for use on vehicles that are
regularly used as part of a program for the transportation of persons with
disabilities are issued as provided in ORS 811.607.
     (6) Except as provided in subsection (7)
of this section, the department shall determine the form, size and content of
any decal or placard issued under this section and shall adopt rules governing
their issuance, display and use as necessary to carry out this section.
     (7)(a) Except as provided in paragraph (b)
of this subsection, the department may not require a decal or placard issued
under this section to an individual or a family to contain any identifying
information about the person to whom the decal or placard is issued, including
any of the following:
     (A) Name;
     (B) Address;
     (C) Telephone number;
     (D) Social Security number;
     (E) Driver license number;
     (F) Golf cart driver permit number;
     (G) Identification card number;
     (H) Passport or visa number; or
     (I) Photograph.
     (b) The department may require a decal or
placard issued under this section to an individual or a family to contain not
more than four digits of the driver license or identification card number of
the person to whom the decal or placard is issued. [1987 c.187 §7; 1989 c.243 §2;
1991 c.741 §1; 1993 c.751 §66; 1995 c.462 §1; 2001 c.827 §11; 2005 c.406 §1;
2007 c.70 §330; 2007 c.468 §5]
     Note: Section 5, chapter 406, Oregon Laws 2005,
provides:
     Sec.
5. The amendments to ORS
811.602, 811.605, 811.606 and 811.609 by sections 1 to 4 of this 2005 Act apply
to disabled person parking permits issued or renewed on or after the effective
date of this 2005 Act [January 1, 2006]. [2005 c.406 §5]
     811.603
Identification card without photograph; issuance; rules. (1) The Department of Transportation shall
issue an identification card without a photograph to an applicant for a
disabled person parking permit if the applicant does not have a driver license
or permit or an identification card issued by the department under ORS 807.400
and if the applicant submits a statement from a physician that it would be
impractical or harmful to the applicant, because of medical or physical
condition, to appear at an office of the department and be photographed for an
identification card.
     (2) The department shall determine by rule
the terms, conditions and requirements of an identification card issued under
this section except that the department may not require either that an
applicant appear personally in order to receive or renew a card or that the
card contain a photograph. [1991 c.741 §2b; 2001 c.827 §12]
     811.604
Application for disabled person parking permit. (1) Application for issuance of a disabled
person parking permit in the form of an individual placard or decal issued under
ORS 811.602 shall include:
     (a) A certificate by a licensed physician,
a certified nurse practitioner or a licensed physician assistant to the
Department of Transportation that the applicant is a person with a disability
or a certificate by a licensed optometrist that the applicant is a person with
a disability because of loss of vision or substantial loss of visual acuity or
visual field beyond correction; and
     (b) The number of a current, valid driver
license, golf cart driver permit or identification card issued to the applicant
by the department.
     (2) Application for renewal of a disabled
person parking permit shall be a signed statement from the holder of the permit
saying that the person is still qualified to hold the permit. [1987 c.187 §8;
1989 c.243 §6; 1991 c.741 §2; 1995 c.462 §2; 1999 c.582 §16; 2001 c.827 §13;
2007 c.70 §331]
     811.605
Contents of individual placard or decal. (1) An applicant for an individual placard or decal issued by the
Department of Transportation under ORS 811.602 must have a driver license, a
disability golf cart driver permit or an identification card issued by the
department. The placard or decal shall be valid so long as the license, permit
or identification card is valid and may be renewed when the license, permit or card
is renewed.
     (2) An individual placard or decal shall
contain an expiration date that is visible from outside the vehicle when the
placard or decal is displayed on or in the vehicle. The expiration date shall
be the same as the expiration date of the driver license, golf cart driver
permit or identification card of the holder of the placard. [1989 c.243 §4;
2005 c.406 §2]
     Note: See note under 811.602.
     811.606
Parking permit for person with temporary disability. The Department of Transportation may issue a
placard showing an expiration date not to exceed six months after the date of
issuance for use by persons with temporary disabilities upon submission by the
applicant of a certificate described in ORS 811.604 except that it certifies
that the applicant has a temporary disability for less than four years. An
applicant for a temporary permit need not have a driver license, permit or
identification card. [1987 c.187 §9; 1987 c.296 §4; 1989 c.243 §7; 1991 c.741 §3;
1993 c.741 §85; 2001 c.827 §14; 2005 c.406 §3; 2007 c.70 §332]
     Note: See note under 811.602.
     811.607
Program placards; rules. The
Department of Transportation shall issue disabled person parking permits in the
form of program placards for use on vehicles that are regularly used as part of
a program for the transportation of persons with disabilities or by an adult
foster home. All the following apply to placards issued under this section:
     (1) The department shall determine the
form, size and content of the placards except that the department shall require
that a placard contain the name of the program holding the placard and the
department shall require that the expiration date of a placard be visible when
the placard is displayed in the vehicle.
     (2) Placards issued under this section
shall be valid for a period of eight years from the date of issue. Upon
expiration, placards may be renewed in a manner determined by the department by
rule. The department shall authorize renewal by mail of placards issued under
this section.
     (3) The department shall determine by rule
how programs for the transportation of persons with disabilities may qualify
vehicles for placards issued under this section. [1989 c.243 §5; 1991 c.741 §4;
1999 c.91 §4; 2001 c.827 §15; 2007 c.21 §5; 2007 c.70 §333]
     811.608 [1987 c.187 §10; repealed by 1989 c.243 §18]
     811.609
Family placards. The
Department of Transportation shall issue disabled person parking permits in the
form of family placards for use on vehicles that are regularly used by a family
that includes more than one person with a disability. All the following apply
to placards issued under this section:
     (1) The department shall determine the
form, size and content of the placards except that the department shall require
that the expiration date of a placard be visible when the placard is displayed
in the vehicle.
     (2) Placards issued under this section
shall be valid for a period of eight years from the date of issue. Upon
expiration, placards may be renewed in a manner determined by the department by
rule.
     (3) The department shall not issue or
renew a placard under this section unless a licensed physician certifies that
the family includes at least two persons with disabilities. [1991 c.741 §4b;
1999 c.91 §5; 2001 c.827 §16; 2005 c.406 §4; 2007 c.70 §334]
     Note: See note under 811.602.
     811.610 [1985 c.246 §2; repealed by 1991 c.741 §7]
     811.611
Foreign visitor placard. (1)
The Department of Transportation may issue a disabled person parking permit in
the form of a placard to a person who is visiting from a foreign country if the
person presents to the department either a valid driver license or other grant
of driving privileges from the foreign country or a passport or visa showing
that the person is a visitor to the United States and presents one of the following:
     (a) A valid disabled person parking permit
issued by the country that issued the visitorÂ’s passport or visa;
     (b) A certificate from an official of the
agency that issues disabled person parking permits in the country that issued
the visitorÂ’s passport or visa certifying that the person holds a valid
disabled person parking permit; or
     (c) A certificate from a licensed
physician, a certified nurse practitioner or a licensed physician assistant
addressed to the Department of Transportation certifying that the applicant is
a person with a disability, or a certificate from a licensed optometrist
certifying that the applicant is a person with a disability because of loss of
vision or substantial loss of visual acuity or visual field beyond correction.
     (2) A disabled person parking permit
issued under this section is valid for 30 days. [1997 c.680 §2; 1999 c.582 §17;
2001 c.827 §17; 2007 c.70 §335]
     811.612
Maintenance of privileges after relocation. To maintain disabled person parking privileges after relocation, a
person who relocates to
     811.613
Wheelchair User placard; rules.
(1) The Department of Transportation shall issue a “Wheelchair User” disabled
person parking permit in the form of a “Wheelchair User” placard or decal for
use by a person who uses a wheelchair or similar low-powered motorized or
mechanically propelled vehicle designed specifically for use by a person with a
physical disability.
     (2) The department shall determine the
form, size and content of the placards or decals, except that the department
shall require that the placards or decals:
     (a) Include the words “Wheelchair User.”
     (b) Have an expiration date that is
visible from outside the vehicle when the placard or decal is displayed on or
in the vehicle.
     (3) The department shall by rule determine
how a person may qualify for a “Wheelchair User” placard or decal under this
section.
     (4) An applicant for a “Wheelchair User”
placard or decal issued by the department under this section must have a driver
license, a disability golf cart driver permit or an identification card issued
by the department. The placard or decal shall be valid as long as the license,
permit or identification card is valid and may be renewed when the license,
permit or identification card is renewed.
     (5) The expiration date shall be the same
as the expiration date of the driver license, disability golf cart driver
permit or identification card of the holder of the placard or decal. [2007
c.468 §4]
     Note: 811.613 was added to and made a part of the
Oregon Vehicle Code by legislative action but was not added to ORS chapter 811
or any series therein. See Preface to Oregon Revised Statutes for further
explanation.
     811.615
Unlawful parking in space reserved for persons with disabilities; exceptions;
penalty. (1) A person
commits the offense of unlawful parking in a space reserved for persons with disabilities
if:
     (a) The person parks a vehicle in any
parking space that is on private or public property and that is marked or
signed to provide parking for persons with disabilities and the vehicle does
not conspicuously display a disabled person parking permit described in ORS
811.602 or 811.606 or a disabled parking permit issued by another jurisdiction;
     (b) The person parks a vehicle in the
aisle required by ORS 447.233 regardless of whether or not the vehicle displays
a disabled person parking permit; or
     (c) The person parks a vehicle in a
parking space that is on private or public property and that is marked or
signed “Wheelchair User Only” as described in ORS 447.233 and the vehicle does
not conspicuously display a “Wheelchair User” placard or decal issued under ORS
811.613.
     (2) This section does not apply to any of
the following:
     (a) Momentarily parking a vehicle in a
parking space marked or signed for persons with disabilities for the purposes
of allowing a person with a disability to enter or leave the vehicle.
     (b) Any parking space that is marked or
signed to provide parking for persons with disabilities and that is subject to
different provisions or requirements under city or county ordinance if the
different provisions or requirements are clearly posted.
     (3) Unless the police officer or other
authorized person issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation of this
section was parked by the registered owner of the vehicle and the citation
issued for the violation may be placed upon the vehicle. If the parking of the
vehicle is witnessed by the police officer or other person authorized to issue
a citation for the offense, the operator of the vehicle is in violation of this
section.
     (4) The penalties provided by this section
shall be imposed regardless of the text or symbol displayed on the marking or
sign reserving the space or aisle for persons with disabilities. The penalties
are in addition to the following:
     (a) A vehicle parked on private property
in violation of this section is subject to removal under ORS 98.810 and to lien
and sale under ORS 98.812.
     (b) A vehicle parked in violation of this
section may be removed and sold as provided under ORS 811.620.
     (5) The offense described in this section,
unlawful parking in a space reserved for persons with disabilities, is a Class
A traffic violation except that a person in violation of this section shall pay
a minimum fine of $190 for the first offense and a minimum fine of $450 for
each subsequent offense.
     (6) Notwithstanding any other provision of
law and except as otherwise provided in subsection (7) of this section:
     (a) A court may not suspend imposition or
execution of a sentence to pay at least the minimum fine required by this
section for a personÂ’s first offense unless the court finds from clear and
convincing evidence that compelling circumstances require a suspension of a
portion of the fine in the interests of justice. In no event shall a court
suspend under this paragraph more than $140 of the minimum $190 fine.
     (b) A court may not suspend imposition or
execution of a sentence to pay a fine for a second or subsequent offense.
     (7) If the court finds that the person who
was issued a citation for the offense described in this section lawfully held,
but failed to properly display, a valid permit at the time of citation, then
the court may suspend all but $20 of the fine. [1983 c.338 §680; 1985 c.16 §328;
1987 c.187 §2; 1989 c.243 §8; 1991 c.741 §11; 1993 c.195 §1; 1995 c.79 §373;
1997 c.680 §4; 2001 c.367 §1; 2007 c.70 §336; 2007 c.468 §6]
     811.617
Blocking parking space reserved for persons with disabilities; penalty. (1) A person commits the offense of blocking
a parking space reserved for persons with disabilities if the person:
     (a) Stops or parks a vehicle in such a way
as to block access to a parking space that is on private or public property and
that is marked or signed to provide parking for persons with disabilities; or
     (b) Places an object or allows an object
to be placed in such a manner that it blocks access to a parking space that is
on private or public property and that is marked or signed to provide parking
for persons with disabilities.
     (2)(a) Unless the police officer or other
authorized person issuing the citation witnesses the stopping or parking of a
vehicle in violation of subsection (1)(a) of this section, there is a
rebuttable presumption that the vehicle was stopped or parked by the registered
owner of the vehicle and a citation issued for the violation may be placed upon
the vehicle. If the stopping or parking of the vehicle is witnessed by the
police officer or other person authorized to issue a citation for the offense,
or if the operator is in the vehicle, the operator of the vehicle is in
violation of this section.
     (b) Unless the police officer or other
authorized person issuing the citation witnesses the blocking of a parking
space in violation of subsection (1)(b) of this section, there is a rebuttable
presumption that the owner or manager of the parking lot placed or allowed
placement of the object blocking access to the parking space and a citation may
be issued to the owner or manager of the parking lot. If a police officer or
other person issuing the citation sees a person placing an object in violation
of subsection (1)(b) of this section, the officer or other person may issue the
citation to the person seen.
     (3) For purposes of this section, a
parking space includes any adjacent access aisle as described in ORS 447.233.
     (4) The offense described in this section,
blocking a parking space reserved for persons with disabilities, is a Class D
traffic violation except that a person in violation of this section shall pay a
minimum fine of $50. Notwithstanding any other provision of law, a court may
not suspend imposition or execution of a sentence to pay at least the minimum
fine required by this section unless the court finds that the defendant is
indigent. [1997 c.498 §2; 2001 c.367 §2; 2007 c.70 §337]
     811.620
Removal of vehicle illegally parked in space reserved for persons with
disabilities. If a vehicle
is illegally parked in violation of ORS 811.615, the vehicle may be removed
and, if notice required under subsection (3) of this section is given, is
subject to costs for the removal and storage of the vehicle as provided under
the following:
     (1) The owner of private property may have
the vehicle removed from the property in the manner provided for removal of
vehicles under ORS 98.812.
     (2) Subject to subsection (3) of this section,
any state agency or political subdivision of this state may provide for the
removal and storage of the vehicle and the vehicle shall be subject to the
following:
     (a) The state agency or political
subdivision may require payment of reasonable costs for removal and storage of
the vehicle before the vehicle is released.
     (b) If the vehicle is not claimed and any
fees required under this subsection are not paid within 30 days of the removal,
a lien described under ORS 98.812 attaches to the vehicle and its contents for
the reasonable costs for removal and storage of the vehicle and contents.
     (3) If a vehicle is removed under
subsection (2) of this section, the tower removing the vehicle shall:
     (a) Notify the local law enforcement
agency of the location of the vehicle within one hour after the vehicle is
placed in storage; and
     (b) Unless the vehicle is claimed, give
notice, within 10 days after the vehicle is placed in storage, to the vehicle
owner or any other person with an interest in the vehicle, as indicated by the
title records. If notice under this paragraph is given by mail, it must be
mailed within the 10-day period, but need not be received within that period. [1983
c.338 §433; 1985 c.16 §227; 1993 c.233 §56; 2007 c.538 §14]
     811.625
Unlawful use of disabled person parking permit; penalty. (1) A person commits the offense of unlawful
use of a disabled person parking permit if the person:
     (a) Is not a person with a disability and
is not transporting the holder of a disabled person parking permit to or from
the parking location; and
     (b) Uses a disabled person parking permit
described under ORS 811.602 or 811.606 to exercise any privileges granted under
ORS 811.635.
     (2) The offense described in this section,
unlawful use of a disabled person parking permit, is a Class A traffic
violation except that a person in violation of this section shall pay a minimum
fine of $450. Notwithstanding any other provision of law, a court may not
suspend imposition or execution of a sentence to pay at least the minimum fine
required by this section. [1983 c.338 §681; 1987 c.187 §3; 1989 c.243 §9; 1991
c.741 §12; 1995 c.79 §374; 2001 c.367 §3; 2007 c.70 §338]
     811.627
Use of invalid disabled person parking permit; penalty. (1) A person commits the offense of use of
an invalid disabled person parking permit if the person uses a permit that is
not a valid permit from another jurisdiction, and that:
     (a) Has been previously reported as lost
or stolen;
     (b) Has been altered;
     (c) Was issued to a person who is deceased
at the time of the citation;
     (d) Has not been issued under ORS 811.602;
     (e) Is a photocopy or other reproduction
of a permit, regardless of the permit status; or
     (f) Is mutilated or illegible.
     (2) Unless the police officer or other
authorized person issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation of this
section was parked by the registered owner of the vehicle and the citation
issued for the violation may be placed upon the vehicle. If the parking of the
vehicle is witnessed by the police officer or other person authorized to issue
a citation for the offense, the operator of the vehicle is in violation of this
section.
     (3) The offense described in this section,
use of an invalid disabled person parking permit, is a Class A traffic
violation except that a person in violation of this section shall pay a minimum
fine of $450. Notwithstanding any other provision of law and except as provided
in subsection (5) of this section, a court may not suspend imposition or
execution of a sentence to pay at least the minimum fine required by this
section.
     (4) If the court finds that a person
committed the offense described in this section, the court shall collect the
permit and return it to the Department of Transportation for destruction unless
the person claims the permit was lost or destroyed, or the police officer or
other person authorized to issue a citation for the offense collected the
permit.
     (5) If the court finds that a person committed
the offense described in this section by using a permit that was mutilated or
illegible, the court may assess any fine it deems appropriate up to the maximum
amount allowable for the offense. If the mutilated or illegible permit has been
replaced by the department, the court may dismiss the citation. [2001 c.367 §7]
     811.630
Misuse of program placard; penalty. (1) A person commits the offense of misuse of a program placard if the
person:
     (a) Is the driver of a vehicle that is
being used as part of a program for the transportation of persons with
disabilities; and
     (b) Uses a program placard described under
ORS 811.607 for any purpose other than exercising privileges granted under ORS
811.637.
     (2) The offense described in this section,
misuse of a program placard, is a Class A traffic violation except that a
person in violation of this section shall pay a minimum fine of $190 for a
first offense and a minimum fine of $450 for each subsequent offense.
Notwithstanding any other provision of law, a court may not suspend imposition
or execution of a sentence to pay at least the minimum fine required by this
section. [1983 c.338 §682; 1987 c.187 §4; 1989 c.243 §10; 2001 c.367 §4; 2007
c.70 §339]
     811.632
Appointment of volunteers to issue citations. (1) A law enforcement agency authorized to enforce parking laws may
appoint volunteers to issue citations for violations of ORS 811.615, 811.617,
811.625 and 811.630, or of ordinances dealing with parking privileges for
persons with disabilities. Volunteers appointed under this subsection must be
at least 21 years of age. The law enforcement agency appointing the volunteers
may establish any other qualifications the agency deems desirable.
     (2) Any agency appointing volunteers under
this section shall provide training to the volunteers before authorizing them
to issue citations.
     (3) A citation issued by a volunteer
appointed under this section shall have the same force and effect as a citation
issued by a police officer for the same offense. [1991 c.741 §10; 1997 c.498 §3;
2007 c.70 §340]
     Note: 811.632 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     811.635
Privileges granted by disabled person parking permit other than program
placard. All of the
following apply to the parking privileges granted to persons with disabilities
under a disabled person parking permit other than a program placard described
in ORS 811.607:
     (1) The privileges granted under a permit
may be exercised notwithstanding ORS 811.575, any authority granted under ORS
810.160 or parking restrictions imposed by any city or county and without
violation thereof.
     (2) Subject to the limitations under
subsection (4) of this section, a “Wheelchair User” placard or decal allows its
holder, or another person while transporting its holder to or from the parking
location, to exercise the following privileges:
     (a) Park a motor vehicle in any public
parking zone restricted as to the length of time permitted therein without
incurring penalties imposed for overtime parking in such zones.
     (b) Park a motor vehicle in any public
parking zone with metered parking without being required to pay any parking
meter fee.
     (3) A city or county may allow any person
who holds a disabled person parking permit to exercise the rights described in
subsection (2) of this section.
     (4) The privileges granted under
subsection (2) of this section do not include any of the following:
     (a) Parking in zones where stopping,
parking or standing of all motor vehicles is prohibited.
     (b) Parking in the late evening or
overnight where such parking is prohibited.
     (c) Parking in zones reserved for special
types of motor vehicles or activities.
     (d) Parking in zones where parking is
permitted only for 30 minutes or less.
     (e) Parking in a parking space marked or
signed for “Wheelchair User Only,” unless displaying a “Wheelchair User”
placard or decal issued under ORS 811.613.
     (5) In addition to other privileges
granted under a permit, the person issued a permit, or another person while
transporting the person issued the permit to or from the parking location, may
use the permit to park in a parking space that is marked or signed to provide
parking for persons with disabilities without violation of ORS 811.615. [1983
c.338 §683; 1985 c.139 §4; 1987 c.187 §5; 1989 c.243 §11; 2007 c.70 §341; 2007
c.468 §7]
     811.637
Privileges granted by program placards. (1) Notwithstanding ORS 811.635, a program placard described under ORS
811.607 confers only the following privileges:
     (a) It authorizes the driver of a vehicle
that is being used as part of the program to which the placard was issued to
park the vehicle for three hours or less in any public parking zone restricted
as to the length of time permitted therein without incurring penalties for
overtime parking in such zones;
     (b) It authorizes the driver of a vehicle
that is being used as part of the program to which the placard was issued to
park the vehicle for three hours or less in any public parking zone with
metered parking without being required to pay any parking meter fee; and
     (c) It authorizes the driver of a vehicle
that is being used as part of the program to which the placard was issued to
park the vehicle for three hours or less in any parking space that is marked or
signed to provide parking for persons with disabilities without violation of
ORS 811.615, so long as the vehicle conspicuously displays the permit.
     (2) The privileges granted under
subsection (1) of this section do not include any of the following:
     (a) Parking in zones where stopping,
parking or standing of all motor vehicles is prohibited.
     (b) Parking in the late evening or
overnight where such parking is prohibited.
     (c) Parking in zones reserved for special
types of motor vehicles or activities.
     (d) Parking in zones where parking is
permitted only for 30 minutes or less. [1989 c.243 §13; 1999 c.779 §1; 2007
c.70 §342]
     811.640 [1983 c.338 §684(2); 1985 c.16 §329(2); 1985
c.139 §5(2); 1987 c.187 §11; 1989 c.243 §14; 1991 c.741 §5; 1995 c.462 §3; 1997
c.680 §3; 1999 c.91 §6; repealed by 2001 c.827 §18]
ACCIDENTS
(Duties)
     811.700
Failure to perform duties of driver when property is damaged; penalty. (1) A person commits the offense of failure
to perform the duties of a driver when property is damaged if the person is the
driver of any vehicle and the person does not perform duties required under any
of the following:
     (a) If the person is the driver of any
vehicle involved in an accident that results only in damage to a vehicle that
is driven or attended by any other person the person must perform all of the
following duties:
     (A) Immediately stop the vehicle at the
scene of the accident or as close thereto as possible. Every stop required
under this subparagraph shall be made without obstructing traffic more than is
necessary.
     (B) Remain at the scene of the accident
until the driver has fulfilled all of the requirements under this paragraph.
     (C) Give to the other driver or passenger
the name and address of the driver and the registration number of the vehicle
that the driver is driving and the name and address of any other occupants of
the vehicle.
     (D) Upon request and if available, exhibit
and give to the occupant of or person attending any vehicle damaged the number
of any documents issued as evidence of driving privileges granted to the
driver.
     (b) If the person is the driver of any
vehicle that collides with any vehicle that is unattended, the person shall
immediately stop and:
     (A) Locate and notify the operator or
owner of the vehicle of the name and address of the driver and owner of the
vehicle striking the unattended vehicle; or
     (B) Leave in a conspicuous place in the
vehicle struck a written notice giving the name and address of the driver and
of the owner of the vehicle doing the striking and a statement of the
circumstances thereof.
     (c) If the person is the driver of any
vehicle involved in an accident resulting only in damage to fixtures or
property legally upon or adjacent to a highway, the person shall do all of the
following:
     (A) Take reasonable steps to notify the
owner or person in charge of the property of such fact and of the driverÂ’s name
and address and of the registration number of the vehicle the driver is
driving.
     (B) Upon request and if available, exhibit
any document issued as official evidence of a grant of driving privileges to
the driver.
     (2) The offense described in this section,
failure to perform the duties of a driver when property is damaged, is a Class
A misdemeanor and is applicable on any premises open to the public. [1983 c.338
§572]
     811.705
Failure to perform duties of driver to injured persons; penalty. (1) A person commits the offense of failure
to perform the duties of a driver to injured persons if the person is the
driver of any vehicle involved in an accident that results in injury or death
to any person and does not do all of the following:
     (a) Immediately stop the vehicle at the
scene of the accident or as close thereto as possible. Every stop required
under this paragraph shall be made without obstructing traffic more than is
necessary.
     (b) Remain at the scene of the accident
until the driver has fulfilled all of the requirements under this subsection.
     (c) Give to the other driver or surviving
passenger or any person not a passenger who is injured as a result of the
accident the name and address of the driver and the registration number of the
vehicle that the driver is driving and the name and address of any other
occupants of the vehicle.
     (d) Upon request and if available, exhibit
and give to the persons injured or to the occupant of or person attending any
vehicle damaged the number of any document issued as official evidence of a grant
of driving privileges.
     (e) Render to any person injured in the
accident reasonable assistance, including the conveying or the making of
arrangements for the conveying of such person to a physician, surgeon or
hospital for medical or surgical treatment, if it is apparent that such
treatment is necessary or if such conveying is requested by any injured person.
     (f) Remain at the scene of an accident
until a police officer has arrived and has received the required information,
if all persons required to be given information under paragraph (c) of this
subsection are killed in the accident or are unconscious or otherwise incapable
of receiving the information. The requirement of this paragraph to remain at
the scene of an accident until a police officer arrives does not apply to a
driver who needs immediate medical care, who needs to leave the scene in order
to secure medical care for another person injured in the accident or who needs
to leave the scene in order to report the accident to the authorities, so long
as the driver who leaves takes reasonable steps to return to the scene or to
contact the nearest police agency.
     (2)(a) Except as otherwise provided in
paragraph (b) of this subsection, the offense described in this section,
failure to perform the duties of a driver to injured persons, is a Class C
felony and is applicable on any premises open to the public.
     (b) Failure to perform the duties of a
driver to injured persons is a Class B felony if a person suffers serious
physical injury as defined in ORS 161.015 or dies as a result of the accident. [1983
c.338 §573; 1993 c.621 §1; 2001 c.919 §1]
     811.706
Money damages resulting from violation of ORS 811.700 or 811.705. When a person is convicted of violating ORS
811.700 or 811.705, the court, in addition to any other sentence it may impose,
may order the person to pay an amount of money equal to the amount of any
damages caused by the person as a result of the incident that created the
duties in ORS 811.700 or 811.705. [1995 c.782 §2]
     Note: 811.706 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     811.707
Crime classification for violation of ORS 811.705. The Oregon Criminal Justice Commission shall
classify the crime of failure to perform the duties of a driver to injured
persons as crime category 8 of the sentencing guidelines grid of the commission
if a person suffers serious physical injury as defined in ORS 161.015 or dies
as a result of the accident that forms the basis of the conviction. [2001 c.919
§2]
     Note: 811.707 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     811.710
Failure to perform duties of driver when animal is injured; penalty. (1) A person commits the offense of failure
to perform the duties of a driver when an animal is injured if the person
knowingly strikes and injures a domestic animal and the person does not do all
of the following:
     (a) Stop at once.
     (b) Make a reasonable effort to determine
the nature of the animalÂ’s injuries.
     (c) Give reasonable attention to the
animal.
     (d) Immediately report the injury to the
animalÂ’s owner.
     (e) If unable to contact the owner of the
animal, notify a police officer.
     (2) The requirements under this section
for a driver to stop and attend an injured animal depend on the traffic hazards
then existing.
     (3) The offense described in this section,
failure to perform the duties of a driver when an animal is injured, is a Class
B traffic violation. [1983 c.338 §574]
     811.715
Failure to perform duties of witness to accident; penalty. (1) A person commits the offense of failure
to perform the duties of a witness to an accident if the person:
     (a) Witnesses an accident that results in
injury or death to any person or causes damage to a vehicle that is driven or
attended by any person; and
     (b) Does not furnish to the driver or
occupant of such vehicles or injured person, the true name and address of the
witness.
     (2) The offense described in this section,
failure to perform the duties of a witness to an accident, is a Class B traffic
violation. [1983 c.338 §575]
     811.717
Failure to remove motor vehicle from highway; penalty. (1) The driver of a motor vehicle commits
the offense of failure to remove a motor vehicle from the highway if, after an
accident:
     (a) The driver has not suffered any
apparent personal injury;
     (b) The motor vehicle is operable and does
not require towing;
     (c) It is safe to drive the motor vehicle
to a designated parking area along the highway or shoulder of the highway; and
     (d) The driver does not move the motor
vehicle to a designated parking area along the highway or shoulder of the
highway.
     (2) The offense described in this section,
failure to remove a motor vehicle from the highway, is a Class C traffic
violation. [2007 c.664 §4]
     Note: 811.717 was enacted into law by the
Legislative Assembly but was not added to or made a part of the Oregon Vehicle
Code or any chapter or series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
(Reports)
     811.720
When accident must be reported.
(1) Except as provided in subsection (4) of this section, any accident
occurring on a highway or upon premises open to the public resulting in injury
or death to any person is subject to the reporting requirements under the
following sections:
     (a) The reporting requirements for drivers
under ORS 811.725.
     (b) The reporting requirements for
occupants of vehicles in accidents under ORS 811.735.
     (c) The reporting requirements for owners
of vehicles under ORS 811.730.
     (2) Except as provided in subsection (4)
of this section, an accident occurring on a highway or upon premises open to
the public resulting in damage to the property of any person in excess of
$1,500 is subject to the following reporting requirements:
     (a) The driver of a vehicle that has more
than $1,500 damage must report the accident in the manner specified under ORS
811.725.
     (b) The owner of a vehicle that has more
than $1,500 damage must report the accident in the manner specified in ORS
811.730 and under the circumstances specified in ORS 811.730.
     (c) If the property damage is to property
other than a vehicle involved in the accident, each driver involved in the
accident must report the accident in the manner specified under ORS 811.725 and
each owner of a vehicle involved in the accident must report the accident in
the manner specified in ORS 811.730 and under the circumstances specified in
ORS 811.730.
     (d) If a vehicle involved in the accident
is damaged to the extent that the vehicle must be towed from the scene of the
accident, each driver involved in the accident must report the accident in the
manner specified under ORS 811.725 and each owner of a vehicle involved in the
accident must report the accident in the manner specified in ORS 811.730 and
under the circumstances specified in ORS 811.730.
     (3) The dollar amount specified in
subsection (2) of this section may be increased every five years by the
Department of Transportation based upon any increase in the Portland-Salem
Consumer Price Index for All Urban Consumers for All Items as prepared by the
Bureau of Labor Statistics of the United States Department of Labor or its
successor during the preceding 12-month period. The amount determined under
this subsection shall be rounded to the nearest $100.
     (4) The following are exempt from the
reporting requirements of this section:
     (a) Operators of snowmobiles, Class I
all-terrain vehicles or Class III all-terrain vehicles.
     (b) A law enforcement official acting in
the course of official duty if the accident involved a law enforcement official
performing a lawful intervention technique or a law enforcement official and a
person acting during the commission of a criminal offense. As used in this
paragraph:
     (A) “Law enforcement official” means a
person who is responsible for enforcing the criminal laws of this state or a
political subdivision of this state and who is employed or volunteers:
     (i) As a peace officer commissioned by a
city, port, school district, mass transit district, county or county service
district authorized to provide law enforcement services under ORS 451.010;
     (ii) With the Department of State Police
or the Criminal Justice Division of the Department of Justice; or
     (iii) As an investigator of a district
attorneyÂ’s office, if the investigator is certified as a peace officer in this
state.
     (B) “Lawful intervention technique” means
a method by which one motor vehicle causes, or attempts to cause, another motor
vehicle to stop. [1983 c.338 §576; 1987 c.258 §11; 1993 c.614 §1; 1997 c.279 §1;
2001 c.827 §7; 2003 c.531 §1; 2005 c.405 §1]
     811.725
Driver failure to report accident; penalty. (1) The driver of a vehicle commits the offense of driver failure to
report an accident if the driver does any of the following:
     (a) Is driving any vehicle that is
involved in an accident required to be reported under ORS 811.720 and does not,
within 72 hours of the accident, complete a report of the accident in a form
approved by the Department of Transportation and submit the report to the
department.
     (b) Is driving a vehicle that is involved
in an accident and does not submit to the department any report required by the
department that is other than or in addition to the reports required by this
section. The department may request a supplemental report if in the opinion of
the department the original report is insufficient.
     (c) Is driving any vehicle that is
involved in an accident required to be reported under ORS 811.720 and does not,
within 72 hours of the accident, certify to the department, in a form furnished
by the department, that at the time of the accident the person was in
compliance with the financial responsibility requirements.
     (2) The certification of compliance with
financial responsibility required under this section is subject to the
prohibitions and penalties for false certification under ORS 806.050.
     (3) The reports described under this
section are subject to the provisions of ORS 802.220 and 802.240 relating to
the use of such reports after submission. Exemptions from requirements to
certify compliance with financial responsibility are established under ORS
806.020.
     (4) A driver may be required to file
additional accident reports with a city as provided under ORS 801.040.
     (5) The offense described in this section,
driver failure to report an accident, is a Class B traffic violation. [1983
c.338 §577; 1985 c.393 §36; 1993 c.751 §67; 2005 c.195 §1]
     811.730
Owner failure to report accident; penalty. (1) The owner of a vehicle commits the offense of owner failure to
report an accident if the owner does any of the following:
     (a) If the person owns a vehicle that is
involved in an accident that is required to be reported under ORS 811.720 and
all of the following apply:
     (A) The accident occurred while the vehicle
was driven by someone other than the owner of the vehicle.
     (B) The driver of the vehicle does not
make an accident report as required under ORS 811.725.
     (C) The owner of the vehicle fails to
report the accident to the Department of Transportation in a form specified by
the department as soon as the owner learns of the accident.
     (b) If the person is the owner of a
vehicle involved in an accident and the person does not make any additional
reports the department may require.
     (2) The offense described in this section,
owner failure to report an accident, is a Class B traffic violation. [1983
c.338 §578; 1985 c.393 §37; 1993 c.751 §68]
     811.735
Failure of vehicle occupant to make accident report; penalty. (1) A person commits the offense of failure
of a vehicle occupant to make an accident report if:
     (a) The person is an occupant, other than
the driver, of a vehicle at a time when the vehicle is involved in an accident
required to be reported under ORS 811.720;
     (b) The driver of the vehicle is physically
incapable of making an accident report required under ORS 811.725; and
     (c) The occupant does not make the
accident report or cause the accident report to be made.
     (2) This section does not require an
occupant of a vehicle who is not a driver to make any certification of
compliance with financial responsibility requirements.
     (3) The offense described in this section,
failure of a vehicle occupant to make an accident report, is a Class B traffic
violation. [1983 c.338 §579]
     811.740
False accident report; penalty.
(1) A person commits the offense of giving a false accident report if the
person gives information in any report required under ORS 811.725 or 811.730,
knowing or having reason to believe that such information is false.
     (2) The offense described in this section,
giving a false accident report, is a Class B misdemeanor. [1983 c.338 §581;
1985 c.393 §38]
FUNERAL
PROCESSIONS
     811.800
Operation of funeral vehicles with improper lights; penalty. (1) A person commits the offense of
operation of a funeral escort vehicle or a funeral lead vehicle with improper
lights if the person:
     (a) Fails to equip the funeral escort
vehicle or funeral lead vehicle with at least one “fire company warning light”
as provided for under ORS 816.350 and described under ORS 816.285; or
     (b) Uses the “fire company warning light”
at any time except during a funeral procession.
     (2) No ordinance or other regulation shall
prohibit the use of warning lights on a funeral escort vehicle or funeral lead
vehicle while driving in a funeral procession.
     (3) The offense described in this section,
operation of a funeral escort vehicle or funeral lead vehicle with improper
lights, is a Class D traffic violation. [1991 c.482 §6; 1993 c.18 §170; 1995
c.383 §1]
     811.802
Failure to yield right of way to funeral procession; penalty. (1) A person commits the offense of failure
to yield the right of way to a funeral procession if the funeral procession is
accompanied by a funeral escort vehicle or a funeral lead vehicle and the
person does not do the following:
     (a) Yield the right of way to the funeral
procession.
     (b) Stop before entering any intersection
and remain stopped until the funeral procession has passed.
     (c) Obey any directions given by a driver
of a funeral escort vehicle.
     (2) Except as otherwise provided in
subsection (3) of this section and except for emergency vehicles and police
vehicles or at the direction of a police officer, this section applies to
pedestrians, bicyclists, motor vehicle drivers and anyone else in the path of a
funeral procession.
     (3) This section applies only to persons
who knew or in the exercise of reasonable care should have known of the
presence of a funeral procession.
     (4) The offense described in this section,
failure to yield the right of way to a funeral procession, is a Class D traffic
violation. [1991 c.482 §7; 1995 c.383 §2]
     811.804
Intersection rules for funeral processions. (1) While exercising due caution regarding the safety of others,
notwithstanding any traffic control device, right of way provisions or other
provisions of the Oregon Vehicle Code, if the funeral escort vehicle or funeral
lead vehicle lawfully enters an intersection, the following procession may
enter the intersection without stopping.
     (2) Notwithstanding subsection (1) of this
section, the vehicles in the funeral procession shall yield the right of way:
     (a) To an emergency vehicle giving an
audible or visible signal; or
     (b) If directed by a police officer to do
so. [1991 c.482 §8]
     811.806
Exceeding maximum speed for funeral procession; penalty. (1) Notwithstanding any other provision of
law, a person commits the offense of exceeding the maximum speed for a funeral
procession if:
     (a) The person is driving in a funeral
procession on a highway with a speed limit of less than 50 miles per hour and
the person drives at a speed that exceeds five miles per hour less than the
speed limit; or
     (b) The person is driving in a funeral
procession on a highway with a speed limit greater than 50 miles per hour and
the person drives at a speed that exceeds 45 miles per hour.
     (2) The offense described in this section,
exceeding the maximum speed for a funeral procession, is a Class D traffic
violation. [1991 c.482 §12; 1995 c.383 §3]
     811.808
Exemption from speed limits for funeral escort vehicle. Notwithstanding ORS 811.111 or 811.295,
while overtaking the funeral procession in order to direct traffic at the next
intersection, the funeral escort vehicle may exceed the posted speed limit by
10 miles per hour and may cross the center line of a roadway that is divided
into two or more lanes. [1991 c.482 §9; 2003 c.14 §494; 2003 c.819 §10]
     811.810
Disrupting funeral procession; penalty. (1) A person commits the offense of disrupting a funeral procession
if:
     (a) The person is driving a vehicle that
is not a member of the funeral procession and the person drives between the
vehicles in a funeral procession; or
     (b) The person is driving a vehicle that
is not a member of the funeral procession and the person joins the funeral
procession in order to be exempt from any rule of the road.
     (2) This section does not apply to any
emergency vehicle or police vehicle while that vehicle is performing emergency
or police duties.
     (3) The offense described in this section,
disrupting a funeral procession, is a Class D traffic violation. [1991 c.482 §10;
1995 c.383 §4]
     811.812
Free passage for funeral procession vehicles. Any person or vehicle participating in a funeral procession shall be
allowed to pass free through all tollgates, tunnels, toll bridges and ferries. [1991
c.482 §11]
_______________
CHAPTER 812
[Reserved for expansion]
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.