US Laws, Codes, Statutes & Cases

Chapter 811 — Rules of the Road for Drivers

 

2005 EDITION

 

 

RULES OF THE ROAD FOR DRIVERS

 

OREGON VEHICLE CODE

 

DUTIES TO PEDESTRIANS AND BICYCLES

 

811.005     Duty to exercise due care

 

811.015     Failure to obey traffic patrol member; penalty

 

811.017     Failure to yield to traffic patrol member; penalty

 

811.020     Passing stopped vehicle at crosswalk; penalty

 

811.025     Failure to yield to pedestrian on sidewalk; penalty

 

811.028     Failure to stop and remain stopped for pedestrian; penalty

 

811.030     Driving through safety zone; penalty

 

811.035     Failure to stop and remain stopped for blind pedestrian; penalty

 

811.050     Failure to yield to rider on bicycle lane; penalty

 

811.055     Failure to yield to bicyclist on sidewalk; penalty

 

811.060     Vehicular assault of bicyclist or pedestrian; penalty

 

SPEED

 

(Basic Rule)

 

811.100     Violation of basic speed rule; penalty

 

811.105     Speeds that are evidence of basic rule violation

 

811.106     Operation of flashing light indicating children in school zone

 

811.108     Relationship between speed limits and basic rule

 

(Maximum Speeds)

 

811.109     Penalties for speed violations

 

811.111     Violating a speed limit; penalty

 

811.124     Meaning of “children are present” in ORS 811.111

 

(Racing)

 

811.125     Speed racing on highway; penalty

 

811.127     Organizing a speed racing event; penalty

 

(Impeding Traffic)

 

811.130     Impeding traffic; penalty

 

CARELESS AND RECKLESS DRIVING

 

811.135     Careless driving; penalty

 

811.140     Reckless driving; penalty

 

SPECIAL SAFETY MEASURES

 

811.145     Failure to yield to emergency vehicle or ambulance; penalty

 

811.147     Failure to maintain safe distance from emergency vehicle or ambulance; penalty

 

811.150     Interference with emergency vehicle or ambulance; penalty

 

811.155     Failure to stop for bus safety lights; penalty

 

811.157     Report by driver of violation of ORS 811.155; contents

 

811.159     Law enforcement agency response to report of violation of ORS 811.155

 

811.160     Interference with rail fixed guideway system operation; penalty

 

811.165     Failure to stop for passenger loading of public transit vehicle; penalty

 

811.167     Failure to yield right of way to transit bus; rules; penalty

 

OPEN CONTAINER VIOLATIONS

 

811.170     Violation of open container law; penalty

 

DISPOSING OF HUMAN WASTE

 

811.172     Improperly disposing of human waste; penalty

 

DRIVING WHILE SUSPENDED OR REVOKED

 

811.175     Violation driving while suspended or revoked; penalties

 

811.180     Affirmative defenses

 

811.182     Criminal driving while suspended or revoked; penalties

 

DRIVER OFFENSES INVOLVING PASSENGERS

 

811.190     Operation with obstructing passenger; penalty

 

811.195     Having passenger in trailer; penalty

 

811.200     Carrying dog on external part of vehicle; penalty

 

811.205     Carrying minor on external part of vehicle; penalty

 

811.210     Failure to use safety belts; penalty

 

811.215     Exemptions from safety belt requirements

 

811.220     Certificates of exemption from safety belt requirement

 

811.225     Failure to maintain safety belts in working order; penalty

 

HIGHWAY WORK ZONES

 

811.230     Definitions; fine; notice

 

811.231     Reckless endangerment of highway workers; penalties

 

811.232     Refusing to obey flagger; penalty

 

811.233     Failure to yield right of way to highway worker; penalty

 

SCHOOL ZONE PENALTIES

 

811.235     Fine for traffic offenses in school zones

 

SAFETY CORRIDORS

 

(Temporary provisions relating to safety corridors are compiled as notes following ORS 811.235)

 

GENERAL DRIVING RULES

 

811.250     Law applicable to vehicles registered out of state

 

811.255     Permitting unlawful operation of vehicle; penalty

 

(Traffic Control Devices)

 

811.260     Appropriate driver responses to traffic control devices

 

811.265     Failure to obey traffic control device; penalty

 

811.270     Failure to obey one-way designation; penalty

 

(Right of Way)

 

811.275     Failure to yield right of way at uncontrolled intersection; penalty

 

811.277     Failure to yield right of way at uncontrolled T intersection; penalty

 

811.280     Failure of driver entering roadway to yield right of way; penalty

 

811.285     Failure of merging driver to yield right of way; penalty

 

811.290     Obstructing cross traffic; penalty

 

811.292     Failure to yield right of way within roundabout; exception; penalty

 

(Driving on the Right)

 

811.295     Failure to drive on right; exceptions; penalty

 

811.300     Failure to drive on right of approaching vehicle; exceptions; penalty

 

811.305     Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty

 

811.310     Crossing center line on two-way, four-lane road; exceptions; penalty

 

811.315     Failure of slow driver to drive on right; exceptions; penalty

 

811.320     Failure to drive to right on divided highway; exceptions; penalty

 

811.325     Failure to keep camper, trailer or truck in right lane; exceptions; penalty

 

811.330     Driving wrong way around traffic island; penalty

 

(Turning)

 

811.335     Unlawful or unsignaled turn; penalty

 

811.340     Improperly executed left turn; penalty

 

811.345     Failure to use special left turn lane; penalty

 

811.346     Misuse of special left turn lane; penalty

 

811.350     Dangerous left turn; penalty

 

811.355     Improperly executed right turn; penalty

 

811.360     When vehicle turn permitted at stop light; improper turn at stop light; penalty

 

811.365     Illegal U-turn; penalty

 

(Lane Use)

 

811.370     Failure to drive within lane; penalty

 

811.375     Unlawful or unsignaled change of lane; penalty

 

811.380     Improper use of center lane on three-lane road; penalty

 

811.385     Depriving motorcycle or moped of full lane; penalty

 

(Signaling)

 

811.390     Unlawful use of lights to signal for passing; penalty

 

811.395     Appropriate signals for stopping, turning, changing lanes and decelerating

 

811.400     Failure to use appropriate signal for turn, lane change, stop or exit from roundabout; penalty

 

811.405     Failure to signal with lights; exceptions; penalty

 

(Passing)

 

811.410     Unsafe passing on left; penalty

 

811.415     Unsafe passing on right; penalty

 

811.420     Passing in no passing zone; exceptions; penalty

 

811.425     Failure of slower driver to yield to overtaking vehicle; penalty

 

(Prohibited Places)

 

811.430     Driving on highway divider; exceptions; penalty

 

811.435     Operation of motor vehicle on bicycle trail; exemptions; penalty

 

811.440     When motor vehicles may operate on bicycle lane

 

811.445     Use of throughway when prohibited; penalty

 

811.450     Violation of posted truck routes; defense; penalty

 

(Rail Crossings)

 

811.455     Failure to stop for railroad signal; penalty

 

811.460     Failure to follow rail crossing procedures for high-risk vehicles; application; penalty

 

811.462     Failure of operator of commercial motor vehicle to slow down and check tracks; penalty

 

811.465     Exemptions from high-risk vehicle rail crossing procedures

 

811.470     Improper movement of heavy equipment across rail crossing; application; penalty

 

811.475     Obstructing rail crossing; penalty

 

(Miscellaneous)

 

811.480     Illegal backing; penalty

 

811.485     Following too closely; penalty

 

811.490     Improper opening or leaving open of vehicle door; penalty

 

811.492     Engine braking; penalty; exception

 

811.495     Unlawful coasting on downgrade; exception; penalty

 

811.500     Unlawful stop or deceleration; penalty

 

811.505     Failure to stop when emerging from alley, driveway or building; penalty

 

811.510     Dangerous operation around livestock; penalty

 

811.512     Unlawfully operating low-speed vehicle on highway; penalty

 

USE OF LIGHTS AND WARNINGS

 

(Lights)

 

811.515     When lights must be displayed; kind of light; number; direction; use on certain vehicles

 

811.520     Unlawful use or failure to use lights; penalty

 

811.525     Exemptions from requirements for use of lights

 

811.526     Safety campaign for use of headlights

 

(Flares)

 

811.530     Failure to post warnings for disabled vehicle; application; penalty

 

OBEYING POLICE

 

811.535     Failing to obey police officer; penalty

 

811.540     Fleeing or attempting to elude police officer; penalty

 

PARKING, STOPPING AND STANDING

 

(Generally)

 

811.550     Places where stopping, standing and parking prohibited

 

811.555     Illegal stopping, standing or parking; affirmative defense; penalty

 

811.560     Exemptions from prohibitions on stopping, standing and parking

 

811.565     Dangerous movement of stopped, standing or parked vehicle; penalty

 

811.570     Improperly positioning parallel parked vehicle; exception; affirmative defense; penalty

 

811.575     Violation of posted parking restrictions on state highways; affirmative defense; penalty

 

811.580     Parking vehicle on state highway for vending purposes; penalty

 

811.585     Failure to secure motor vehicle; affirmative defense; penalty

 

(Winter Recreation Parking Areas)

 

811.590     Unlawful parking in winter recreation parking area; exemptions; penalty

 

811.595     Winter recreation parking permit; rules; fees

 

811.600     Fees for winter recreation parking permits

 

(Parking for Disabled Persons)

 

811.602     Disabled person parking permit; content; rules

 

811.603     Identification card without photograph; issuance; rules

 

811.604     Application for disabled person parking permit

 

811.605     Contents of individual placard or decal

 

811.606     Parking permit for temporarily disabled person

 

811.607     Program placards; rules

 

811.609     Family placards

 

811.611     Foreign visitor placard

 

811.612     Maintenance of privileges after relocation

 

811.615     Unlawful parking in space reserved for disabled persons; exceptions; penalty

 

811.617     Blocking parking space reserved for disabled person; penalty

 

811.620     Removal of vehicle illegally parked in space reserved for disabled persons

 

811.625     Unlawful use of disabled person parking permit by nondisabled person; penalty

 

811.627     Use of invalid disabled person parking permit; penalty

 

811.630     Misuse of program placard; penalty

 

811.632     Appointment of volunteers to issue citations for violation of disabled person parking laws

 

811.635     Privileges granted by disabled person parking permit other than program placard

 

811.637     Privileges granted by program placards

 

ACCIDENTS

 

(Duties)

 

811.700     Failure to perform duties of driver when property is damaged; penalty

 

811.705     Failure to perform duties of driver to injured persons; penalty

 

811.706     Money damages resulting from violation of ORS 811.700 or 811.705

 

811.707     Crime classification for violation of ORS 811.705

 

811.710     Failure to perform duties of driver when animal is injured; penalty

 

811.715     Failure to perform duties of witness to accident; penalty

 

(Reports)

 

811.720     When accident must be reported

 

811.725     Driver failure to report accident; penalty

 

811.730     Owner failure to report accident; penalty

 

811.735     Failure of vehicle occupant to make accident report; penalty

 

811.740     False accident report; penalty

 

FUNERAL PROCESSIONS

 

811.800     Operation of funeral vehicles with improper lights; penalty

 

811.802     Failure to yield right of way to funeral procession; penalty

 

811.804     Intersection rules for funeral processions

 

811.806     Exceeding maximum speed for funeral procession; penalty

 

811.808     Exemption from speed limits for funeral escort vehicle

 

811.810     Disrupting funeral procession; penalty

 

811.812     Free passage for funeral procession vehicles

 

DUTIES TO PEDESTRIANS AND BICYCLES

 

      811.005 Duty to exercise due care. None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians. [1983 c.338 §543]

 

      811.010 [1983 c.338 §544; 1985 c.16 §279; 2003 c.278 §1; repealed by 2005 c.746 §4]

 

      811.015 Failure to obey traffic patrol member; penalty. (1) The driver of a vehicle commits the offense of failure to obey a traffic patrol member if:

      (a) A traffic patrol member makes a cautionary sign or signal to indicate that students have entered or are about to enter the crosswalk under the traffic patrol member’s direction; and

      (b) The driver does not stop and remain stopped for students who are in or entering the crosswalk from either direction on the street on which the driver is operating.

      (2) Traffic patrol members described in this section are those provided under ORS 339.650 to 339.665.

      (3) The offense described in this section, failure to obey a traffic patrol member, is a Class A traffic violation. [1983 c.338 §545; 1995 c.383 §12; 2003 c.278 §2]

 

      811.017 Failure to yield to traffic patrol member; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a traffic patrol member if the driver fails to stop and yield the right of way to a traffic patrol member who:

      (a) Has entered a crosswalk for the purpose of directing students who have entered or are about to enter the crosswalk; and

      (b) Is carrying a flag or wearing something that identifies the person as a traffic patrol member.

      (2) For purposes of this section, “traffic patrol” has the meaning given that term in ORS 339.650.

      (3) The offense described in this section, failure to yield to a traffic patrol member, is a Class A traffic violation. [2003 c.557 §2]

 

      811.020 Passing stopped vehicle at crosswalk; penalty. (1) The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver:

      (a) Approaches from the rear another vehicle that is stopped at a marked or an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and

      (b) Overtakes and passes the stopped vehicle.

      (2) The offense described in this section, passing a stopped vehicle at a crosswalk, is a Class B traffic violation. [1983 c.338 §546]

 

      811.025 Failure to yield to pedestrian on sidewalk; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a pedestrian on a sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

      (2) The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a Class B traffic violation. [1983 c.338 §547; 1995 c.383 §42]

 

      811.028 Failure to stop and remain stopped for pedestrian; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

      (a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 or crossing the roadway in a crosswalk, 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 driver’s vehicle is traveling;

      (C) In the lane into which the driver’s vehicle is turning;

      (D) In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010; or

      (E) Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010.

      (2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

      (3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:

      (a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

      (b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

      (4) 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 blind pedestrian; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a blind pedestrian if the driver violates any of the following:

      (a) A driver approaching a blind or blind and deaf pedestrian carrying a white cane or accompanied by a dog guide, 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 blind or blind and deaf pedestrian shall stop and remain stopped until the pedestrian has vacated the roadway if the blind or blind and deaf 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 blind pedestrian, is a Class B traffic violation. [1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3]

 

      811.040 [1983 c.338 §550; 1985 c.16 §281; 2003 c.278 §4; repealed by 2005 c.746 §4]

 

      811.045 [1983 c.338 §551; 2003 c.278 §5; repealed by 2005 c.746 §4]

 

      811.050 Failure to yield to rider on bicycle lane; penalty. (1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.

      (2) This section does not require a person operating a moped to yield the right of way to a bicycle or a motor assisted scooter if the moped is operated on a bicycle lane in the manner permitted under ORS 811.440.

      (3) The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B traffic violation. [1983 c.338 §698; 1985 c.16 §336; 1991 c.417 §4; 1997 c.400 §8; 2001 c.749 §23; 2003 c.341 §7]

 

      811.055 Failure to yield to bicyclist on sidewalk; penalty. (1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.

      (2) The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of ORS 814.410. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.

      (3) The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk, is a Class B traffic violation. [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44]

 

      811.060 Vehicular assault of bicyclist or pedestrian; penalty. (1) For the purposes of this section, “recklessly” has the meaning given that term in ORS 161.085.

      (2) A person commits the offense of vehicular assault of a bicyclist or pedestrian if:

      (a) The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person’s vehicle and a bicycle operated by a person, a person operating a bicycle or a pedestrian; and

      (b) The contact causes physical injury to the person operating a bicycle or the pedestrian.

      (3) The offense described in this section, vehicular assault of a bicyclist or pedestrian, is a Class A misdemeanor. [2001 c.635 §5]

 

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.

      (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]

 

      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.

      (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]

 

      Note: The amendments to 811.111 by section 1, chapter 573, Oregon Laws 2005, take effect July 1, 2006. See section 2, chapter 573, Oregon Laws 2005. The text that is effective until July 1, 2006, including amendments by section 6, chapter 770, Oregon Laws 2005, is set forth for the user’s convenience.

      811.111. (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.

      (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:

      (A) At any time, if the school zone is a segment of highway described in ORS 801.462 (1)(a) that is contiguous to a segment of highway on which:

      (i) There is a posted speed of 30 miles per hour or less;

      (ii) There is a speed limit of 30 miles per hour or less; or

      (iii) A speed of 30 miles per hour or less is prima facie evidence of violation of the basic speed rule under ORS 811.105.

      (B) At any time that a flashing light described in ORS 811.106 is operating or at any time posted on signs in the school zone, if the school zone is a segment of highway described in ORS 801.462 (1)(a) that is contiguous to a segment of highway on which:

      (i) There is a posted speed greater than 30 miles per hour;

      (ii) There is a speed limit greater than 30 miles per hour; or

      (iii) A speed greater than 30 miles per hour is prima facie evidence of violation of the basic speed rule under ORS 811.105.

      (C) At any time that a flashing light described in ORS 811.106 is operating, at any time posted on signs in the school zone or at any time that children are present, if the school zone is a crosswalk described in ORS 801.462 (1)(b).

      (2) The offense described in this section, violating a speed limit, is punishable as provided in ORS 811.109.

 

      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. [1983 c.338 §570; 1995 c.383 §20]

 

      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.