US Laws, Codes, Statutes & Cases

Chapter 811 — Rules of the Road for Drivers

 

2007 EDITION

 

RULES OF THE ROAD FOR DRIVERS

 

OREGON VEHICLE CODE

 

DUTIES TO PEDESTRIANS AND BICYCLES

 

811.005     Duty to exercise due care

 

811.015     Failure to obey traffic patrol member; penalty

 

811.017     Failure to yield to traffic patrol member; penalty

 

811.020     Passing stopped vehicle at crosswalk; penalty

 

811.025     Failure to yield to pedestrian on sidewalk; penalty

 

811.028     Failure to stop and remain stopped for pedestrian; penalty

 

811.030     Driving through safety zone; penalty

 

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

 

811.050     Failure to yield to rider on bicycle lane; penalty

 

811.055     Failure to yield to bicyclist on sidewalk; penalty

 

811.060     Vehicular assault of bicyclist or pedestrian; penalty

 

811.065     Unsafe passing of person operating bicycle; penalty

 

SPEED

 

(Basic Rule)

 

811.100     Violation of basic speed rule; penalty

 

811.105     Speeds that are evidence of basic rule violation

 

811.106     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

 

811.207     Legislative findings

 

811.210     Failure to properly use safety belts; penalty

 

811.215     Exemptions from safety belt requirements

 

811.220     Certificates of exemption from safety belt requirement

 

811.225     Failure to maintain safety belts in working order; penalty

 

HIGHWAY WORK ZONES

 

811.230     Definitions; fine; notice

 

811.231     Reckless endangerment of highway workers; penalties

 

811.232     Refusing to obey flagger; penalty

 

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

 

SCHOOL ZONE PENALTIES

 

811.235     Fine for traffic offenses in school zones

 

GENERAL DRIVING RULES

 

(Generally)

 

811.250     Law applicable to vehicles registered out of state

 

811.255     Permitting unlawful operation of vehicle; penalty

 

(Traffic Control Devices)

 

811.260     Appropriate driver responses to traffic control devices

 

811.265     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

 

811.483     Safety corridors; penalty

 

811.485     Following too closely; penalty

 

811.490     Improper opening or leaving open of vehicle door; penalty

 

811.492     Engine braking; penalty; exception

 

811.495     Unlawful coasting on downgrade; exception; penalty

 

811.500     Unlawful stop or deceleration; penalty

 

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

 

811.507     Operating motor vehicle while using mobile communication device; penalty

 

811.510     Dangerous operation around livestock; penalty

 

811.512     Unlawfully operating low-speed vehicle on highway; penalty

 

811.514     Unlawfully operating racing activity vehicle on highway; penalty

 

USE OF LIGHTS AND WARNINGS

 

(Lights)

 

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

 

811.520     Unlawful use or failure to use lights; penalty

 

811.525     Exemptions from requirements for use of lights

 

811.526     Safety campaign for use of headlights

 

(Flares)

 

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

 

OBEYING POLICE

 

811.535     Failing to obey police officer; penalty

 

811.540          Fleeing or attempting to elude police officer; penalty

 

PARKING, STOPPING AND STANDING

 

(Generally)

 

811.550     Places where stopping, standing and parking prohibited

 

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

 

811.560     Exemptions from prohibitions on stopping, standing 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 Persons With Disabilities)

 

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 person with temporary disability

 

811.607     Program placards; rules

 

811.609     Family placards

 

811.611     Foreign visitor placard

 

811.612     Maintenance of privileges after relocation

 

811.613     Wheelchair User placard; rules

 

811.615     Unlawful parking in space reserved for persons with disabilities; exceptions; penalty

 

811.617     Blocking parking space reserved for persons with disabilities; penalty

 

811.620     Removal of vehicle illegally parked in space reserved for persons with disabilities

 

811.625     Unlawful use of disabled person parking permit; penalty

 

811.627     Use of invalid disabled person parking permit; penalty

 

811.630     Misuse of program placard; penalty

 

811.632     Appointment of volunteers to issue citations

 

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

 

811.637     Privileges granted by program placards

 

ACCIDENTS

 

(Duties)

 

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

 

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

 

811.706     Money damages resulting from violation of ORS 811.700 or 811.705

 

811.707     Crime classification for violation of ORS 811.705

 

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

 

811.715     Failure to perform duties of witness to accident; penalty

 

811.717     Failure to remove motor vehicle from highway; 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 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 person’s vehicle and a bicycle operated by a person, a person operating a bicycle or a pedestrian; and

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

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

 

      811.065 Unsafe passing of person operating bicycle; penalty. (1) A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements:

      (a) The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. For the purposes of this paragraph, a “safe distance” means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic. This paragraph does not apply to a driver operating a motor vehicle:

      (A) In a lane that is separate from and adjacent to a designated bicycle lane;

      (B) At a speed not greater than 35 miles per hour; or

      (C) When the driver is passing a person operating a bicycle on the person’s right side and the person operating the bicycle is turning left.

      (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295, 811.300 or 811.310 to 811.325.

      (c) The driver of a motor vehicle that passes a person operating a bicycle shall return to an authorized lane of traffic as soon as practicable.

      (2) Passing a person operating a bicycle in a no passing zone in violation of ORS 811.420 constitutes prima facie evidence of commission of the offense described in this section, unsafe passing of a person operating a bicycle, if the passing results in injury to or the death of the person operating the bicycle.

      (3) The offense described in this section, unsafe passing of a person operating a bicycle, is a Class B traffic violation. [2007 c.794 §2]

 

      Note: 811.065 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

SPEED

 

(Basic Rule)

 

      811.100 Violation of basic speed rule; penalty. (1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:

      (a) The traffic.

      (b) The surface and width of the highway.

      (c) The hazard at intersections.

      (d) Weather.

      (e) Visibility.

      (f) Any other conditions then existing.

      (2) The following apply to the offense described in this section:

      (a) The offense is as applicable on an alley as on any other highway.

      (b) Speeds that are prima facie evidence of violation of this section are established by ORS 811.105.

      (c) This section and ORS 811.105 establish limitation on speeds that are in addition to speed limits established in ORS 811.111.

      (3) Except as provided in subsection (4) of this section, violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as provided in ORS 811.109.

      (4) The offense described in this section, violating the basic speed rule, is a Class B traffic violation if the person drives a vehicle upon a highway at a speed that is not reasonable and prudent under the circumstances described in subsection (1) of this section even though the speed is lower than the appropriate speed specified in ORS 811.105 as prima facie evidence of violation of the basic speed rule. [1983 c.338 §563; 1987 c.887 §9; 1989 c.592 §4; 1991 c.728 §5; 1999 c.1051 §229; 2003 c.819 §5]

 

      811.105 Speeds that are evidence of basic rule violation. (1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 is prima facie evidence of violation of the basic speed rule under ORS 811.100.

      (2) If no designated speed is posted by authority granted under ORS 810.180, any speed in excess of one of the following speeds is prima facie evidence of violation of the basic speed rule:

      (a) Fifteen miles per hour when driving on an alley or a narrow residential roadway.

      (b) Twenty miles per hour in a business district.

      (c) Twenty-five miles per hour in any public park.

      (d) Twenty-five miles per hour on a highway in a residence district if:

      (A) The residence district is not located within a city; and

      (B) The highway is neither an arterial nor a collector highway.

      (e) Fifty-five miles per hour in locations not otherwise described in this section. [1983 c.338 §564; 1985 c.16 §286; 1987 c.887 §10; 1989 c.592 §5; 1995 c.558 §3; 1997 c.404 §5; 1997 c.438 §3; 2003 c.397 §6; 2003 c.819 §6; 2007 c.367 §3]

 

      811.106 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 person’s vehicle from the track as soon as practicable after signal from the operator of the rail fixed guideway system vehicle.

      (b) Drives a vehicle upon or across rail fixed guideway system tracks within an intersection in front of a rail fixed guideway system vehicle when the rail fixed guideway system vehicle has started to cross the intersection.

      (c) Overtakes or passes upon the left any rail fixed guideway system vehicle proceeding in the same direction whether actually in motion or temporarily at rest. This paragraph does not apply on one-way streets or on streets where the tracks are so located as to prevent compliance.

      (2) This section applies to any rail fixed guideway system vehicle that is any device traveling exclusively upon rails when upon or crossing a highway but does not apply to cars or trains propelled or moved by steam engine or by diesel engine.

      (3) The offense described in this section, interference with rail fixed guideway system operation, is a Class B traffic violation. [1983 c.338 §585; 1995 c.383 §48; 2001 c.522 §3]

 

      811.165 Failure to stop for passenger loading of public transit vehicle; penalty. (1) A person commits the offense of failure to stop for passenger loading of a public transit vehicle if the person is the driver of a vehicle overtaking a public transit vehicle described in this section that is stopped or about to stop for the purpose of receiving or discharging any passenger and the person does not:

      (a) Stop the overtaking vehicle to the rear of the nearest running board or door of the public transit vehicle; and

      (b) Keep the vehicle stationary until all passengers have boarded or alighted therefrom and reached a place of safety.

      (2) This section applies to the following public transit vehicles:

      (a) Commercial buses; and

      (b) Rail fixed guideway system vehicles.

      (3) A person is not in violation of this section if the person passes a public transit vehicle:

      (a) Upon the left of any public transit vehicle described in this section on a one-way street; or

      (b) At a speed not greater than is reasonable and proper and with due caution for the safety of pedestrians when:

      (A) The public transit vehicle has stopped at the curb; or

      (B) Any area or space has been officially set apart within the roadway for the exclusive use of pedestrians and the area or space is so protected or marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

      (4) The offense described in this section, failure to stop for passenger loading of public transit vehicle, is a Class B traffic violation. [1983 c.338 §586; 1985 c.16 §292; 1995 c.383 §49; 2001 c.522 §4]

 

      811.167 Failure to yield right of way to transit bus; rules; penalty. (1) A person commits the offense of failure to yield the right of way to a transit bus entering traffic if the person does not yield the right of way to a transit bus when:

      (a) A yield sign as described in subsection (2) of this section is displayed on the back of the transit bus;

      (b) The person is operating a vehicle that is overtaking the transit bus from the rear of the transit bus; and

      (c) The transit bus, after stopping to receive or discharge passengers, is signaling an intention to enter the traffic lane occupied by the person.

      (2) The yield sign referred to in subsection (1)(a) of this section shall warn a person operating a motor vehicle approaching the rear of a transit bus that the person must yield when the transit bus is entering traffic. The yield sign shall be illuminated by a flashing light when the bus is signaling an intention to enter a traffic lane after stopping to receive or discharge passengers. The Oregon Transportation Commission shall adopt by rule the message on the yield sign, specifications for the size, shape, color, lettering and illumination of the sign and specifications for the placement of the sign on a transit bus.

      (3) This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway.

      (4) As used in this section, “transit bus” means a commercial bus operated by a city, a mass transit district established under ORS 267.010 to 267.390 or a transportation district established under ORS 267.510 to 267.650.

      (5) The offense described in this section, failure to yield the right of way to a transit bus entering traffic, is a Class D traffic violation. [1997 c.509 §2]

 

OPEN CONTAINER VIOLATIONS

 

      811.170 Violation of open container law; penalty. (1) A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following:

      (a) Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a highway.

      (b) Possesses on one’s person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed.

      (c) Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed. The following apply to this paragraph:

      (A) This paragraph applies only to the registered owner of any motor vehicle or, if the registered owner is not then present in the vehicle, to the driver of the vehicle.

      (B) This paragraph does not apply if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk.

      (C) For purposes of this paragraph, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers.

      (D) This paragraph does not apply to the living quarters of a camper or motor home.

      (2) The offense described in this section does not apply to passengers in a motor vehicle operated by a common carrier and used primarily to carry passengers for hire.

      (3) The offense described in this section, violation of the open container law in a motor vehicle, is a Class B traffic violation. [1983 c.338 §597; 1985 c.16 §303; 2001 c.827 §10]

 

DISPOSING OF HUMAN WASTE

 

      811.172 Improperly disposing of human waste; penalty. (1) A person commits the offense of improperly disposing of human waste if the person is operating or riding in a motor vehicle and the person throws, puts or otherwise leaves a container of urine or other human waste on or beside the highway.

      (2) The offense described in this section, improperly disposing of human waste, is a 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 person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation.

      (b) Drives a motor vehicle outside the limitations of a probationary permit issued under ORS 807.270 or a hardship driver permit issued under ORS 807.240, including any limitations placed on the permit under ORS 813.510.

      (c) Drives a commercial motor vehicle upon a highway during a period when the person’s 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 defendant’s suspension or revocation or been informed of the suspension or revocation by a trial judge who ordered a suspension or revocation of the defendant’s driving privileges or right to apply.

      (2) The affirmative defenses described in subsection (1)(b) of this section are not available to a defendant under the circumstances described in this subsection. Any of the evidence specified in this subsection may be offered in the prosecution’s case in chief. This subsection applies if any of the following circumstances exist:

      (a) The defendant refused to sign a receipt for the certified mail containing the notice of suspension or revocation.

      (b) The notice of suspension or revocation could not be delivered to the defendant because the defendant failed to comply with the requirements under ORS 807.560 to notify the Department of Transportation of a change of address or residence.

      (c) At a previous court appearance, the defendant had been informed by a trial judge that the judge was ordering a suspension or revocation of the defendant’s driving privileges or right to apply.

      (d) The defendant had actual knowledge of the suspension or revocation by any means prior to the time the defendant was stopped on the current charge.

      (e) The defendant was provided with notice of intent to suspend under ORS 813.100. [1983 c.338 §599; 1985 c.16 §305; 1985 c.672 §18; 1985 c.744 §1; 1987 c.138 §2; 1987 c.158 §168; 1987 c.730 §20; 1987 c.801 §10; 1997 c.249 §229]

 

      811.182 Criminal driving while suspended or revoked; penalties. (1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 and the suspension or revocation is one described in this section, or if the hardship or probationary permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.

      (2) Affirmative defenses to the offense described in this section are established under ORS 811.180.

      (3) The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.

      (4) The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:

      (a) A suspension under ORS 809.411 (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.

      (b) A revocation under ORS 809.409 (4) resulting from perjury or the making of a false affidavit to the Department of Transportation.

      (c) A suspension under ORS 813.410 resulting from refusal to take a test prescribed in ORS 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:

      (A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;

      (B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or

      (C) Any amount if the person was under 21 years of age.

      (d) A suspension of a commercial driver license under ORS 809.413 (1) resulting from failure to perform the duties of a driver under ORS 811.700 while driving a commercial motor vehicle.

      (e) A suspension of a commercial driver license under ORS 809.413 (12) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.

      (f) A suspension of a commercial driver license under ORS 809.404.

      (g) A revocation resulting from habitual offender status under ORS 809.640.

      (h) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.

      (i) A suspension for failure to perform the duties of a driver under ORS 811.705.

      (j) A suspension for reckless driving under ORS 811.140.

      (k) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.

      (L) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.

      (m) A suspension for use of a commercial motor vehicle in the commission of a crime punishable as a felony.

      (5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and at least $2,000 if it is the person’s second or subsequent conviction.

      (6) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the Oregon Criminal Justice Commission. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13]

 

      811.185 [1983 c.338 §600; 1985 c.16 §306; repealed by 1991 c.208 §1]

 

DRIVER OFFENSES INVOLVING PASSENGERS

 

      811.190 Operation with obstructing passenger; penalty. (1) A person commits the offense of driver operation with obstructing passenger if the person is operating a vehicle when another person is in the operator’s lap or in the operator’s embrace.

      (2) The offense described in this section, driver operation with obstructing passenger, is a Class D traffic violation. [1983 c.338 §601; 1995 c.383 §50]

 

      811.195 Having passenger in trailer; penalty. (1) A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger.

      (2) This section does not apply if the person is operating any of the following vehicles:

      (a) A commercial bus trailer.

      (b) An independently steered trailer.

      (c) A trailer towed with a fifth wheel hitch if the trailer is equipped with all of the following:

      (A) Safety glazing materials that meet the standards established under ORS 815.040 wherever there are windows or doors with windows on the vehicle.

      (B) An auditory or visual signaling device that a passenger inside the vehicle can use to gain the attention of the motor vehicle driver towing the vehicle.

      (C) At least one unobstructed exit capable of being opened from both the interior and exterior of the vehicle.

      (3) The offense described in this section, passenger in trailer, is a Class D traffic violation. [1983 c.338 §602; 1985 c.16 §307; 1995 c.383 §51; 2003 c.158 §7]

 

      811.200 Carrying dog on external part of vehicle; penalty. (1) A person commits the offense of carrying a dog on the external part of a vehicle if the person carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle.

      (2) The offense described in this section, carrying dog on external part of vehicle, is a Class D traffic violation. [1983 c.338 §603; 1995 c.383 §52]

 

      811.205 Carrying minor on external part of vehicle; penalty. (1) A person commits the offense of carrying a minor on an external part of a motor vehicle if the person carries any person under 18 years of age upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

      (2) For purposes of this section, the open bed of a motor vehicle is an external part of a motor vehicle.

      (3) A person does not commit the offense described in this section if the person:

      (a) Is carrying a minor in the open bed of a motor vehicle and the minor is secured with a safety belt or safety harness that complies with rules adopted under ORS 815.055;

      (b) Is operating the motor vehicle in an organized parade; or

      (c) Is carrying a minor who is seated on the floor of the open bed of a motor vehicle in which all available passenger seats are occupied by minors, the tailgate is securely closed and the minor is being transported:

      (A) In the course and scope of employment, provided that the minor is transported in compliance with law and rules regulating the transport of workers; or

      (B)(i) Between a hunting camp and a hunting site or between hunting sites during hunting season; and

      (ii) The minor has a hunting license.

      (4) The offense described in this section, carrying a minor on an external part of a motor vehicle, is a Class B traffic violation. [1983 c.338 §604; 1995 c.383 §53; 2003 c.107 §1]

 

      811.207 Legislative findings. The Legislative Assembly finds that:

      (1) Oregon drivers look to the law in deciding how to restrain and protect children in motor vehicles.

      (2) The proper restraint of children in motor vehicles will reduce the number of children killed in motor vehicle accidents and reduce the severity of injuries to children who survive motor vehicle accidents. [2007 c.601 §1]

 

      Note: 811.207 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      811.210 Failure to properly use safety belts; penalty. (1) A 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 physician’s statement to qualify under this section, the physician giving the statement must set forth reasons in the statement why use of a child safety system, safety belt or safety harness by the person would be impractical or harmful to the person by reason of physical condition, medical problem or body size. [1985 c.16 §310; 1985 c.619 §4; 1991 c.2 §3; 1995 c.79 §372; 2001 c.104 §306]

 

      811.225 Failure to maintain safety belts in working order; penalty. (1) The registered owner of a motor vehicle commits the offense of failure of an owner to maintain safety belts in working order if:

      (a) The vehicle is equipped with safety belts or safety harnesses that meet the standards established under ORS 815.055; and

      (b) The owner fails to maintain the safety belts or safety harnesses in a condition that will enable occupants of all seating positions equipped with safety belts or safety harnesses to use the belts or harnesses.

      (2) The offense described in this section, failure of an owner to maintain safety belts in working order, is a Class C traffic violation. [1991 c.2 §5; 1995 c.383 §118; 2003 c.158 §10]

 

HIGHWAY WORK ZONES

 

      811.230 Definitions; fine; notice. (1) As used in ORS 811.230, 811.231, 811.232 and 811.233:

      (a) “Flagger” means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals.

      (b) “Highway work zone” means an area identified by advance warning where road construction, repair or maintenance work is being done by highway workers on or adjacent to a highway, regardless of whether or not highway workers are actually present. As used in this paragraph, “road construction, repair or maintenance work” includes, but is not limited to, the setting up and dismantling of advance warning systems.

      (c) “Highway worker” means an employee of a government agency, private contractor or utility company working in a highway work zone.

      (2)(a) The 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 driver’s vehicle to a speed reasonable for the existing conditions and if necessary for safety, shall stop at a line as required for stop signs under this section, and shall yield the right of way to any vehicles in the intersection or approaching so closely as to constitute an immediate hazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6; 2003 c.278 §6]

 

      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 operator’s use and the operator does not look out for and give right of way to vehicles on the freeway or other arterial highway.

      (2) The offense described in this section, failure of a merging driver to yield the right of way, is a Class B traffic violation. [1983 c.338 §613; 1995 c.383 §55]

 

      811.290 Obstructing cross traffic; penalty. (1) A person commits the offense of obstructing cross traffic if the person is operating a vehicle and the person enters an intersection or a marked crosswalk when there is not sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians.

      (2) The offense described in this section applies whether or not a traffic control device indicates to proceed.

      (3) The offense described in this section, obstructing cross traffic, is a Class D traffic violation. [1983 c.338 §614; 1995 c.383 §56]

 

      811.292 Failure to yield right of way within roundabout; exception; penalty. (1) A person commits the offense of failure to yield right of way within a roundabout if the person operates a motor vehicle upon a multilane circulatory roadway and does not yield the right of way to a second vehicle lawfully exiting the roundabout from a position ahead and to the left of the person’s vehicle.

      (2) This section does not apply if a traffic control device indicates that the operator of a motor vehicle should take other action.

      (3) The offense described in this section, failure to yield right of way within a roundabout, is a Class C traffic violation. [2001 c.464 §5]

 

      Note: 811.292 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

(Driving on the Right)

 

      811.295 Failure to drive on right; exceptions; penalty. (1) A person commits the offense of failure to drive on the right if the person is operating a vehicle on a roadway of sufficient width and the person does not drive on the right half of the roadway.

      (2) A person is not required to drive on the right side of the roadway by this section under any of the following circumstances:

      (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement in ORS 811.410 to 811.425 or 811.808.

      (b) When preparing to turn left in an intersection, alley or private road or driveway.

      (c) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

      (d) Upon a roadway divided into three marked lanes for traffic under the rules applicable on the roadway under ORS 811.380.

      (e) Upon a roadway restricted to one-way traffic.

      (3) The offense described in this section, failure to drive on the right, is a Class B traffic violation. [1983 c.338 §615; 1991 c.482 §15]

 

      811.300 Failure to drive on right of approaching vehicle; exceptions; penalty. (1) A person commits the offense of failure to drive on the right of an approaching vehicle if the person is operating a vehicle upon a roadway having width for not more than one lane of traffic in each direction and the person does not:

      (a) Pass to the right of any other vehicle proceeding on the roadway in the opposite direction; and

      (b) Give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.

      (2) This section does not apply to a person operating a vehicle as otherwise directed by a traffic control device.

      (3) The offense described in this section, failure to drive on the right of an approaching vehicle, is a Class B traffic violation. [1983 c.338 §616]

 

      811.305 Driving on left on curve or grade or at intersection or rail crossing; exceptions; penalty. (1) A person commits the offense of driving on the left on a curve or grade or at an intersection or rail crossing if the person is operating a vehicle upon any two-way roadway where traffic is permitted to move in both directions simultaneously and the person drives on the left side of the center of the roadway:

      (a) Upon any part of a grade or upon a curve in the roadway where the driver’s view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction;

      (b) When approaching an intersection or railroad grade crossing where the driver’s view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction; or

      (c) At any intersection or railroad grade crossing.

      (2) This section does not prohibit a person from driving on the left side of the center of a roadway under the following circumstances:

      (a) When the right half of the roadway is obstructed or closed to traffic while under construction or repair; or

      (b) When a driver makes a lawful left turn.

      (3) The offense described in this section, driving on the left on a curve or grade or at an intersection or rail crossing, is a Class B traffic violation. [1983 c.338 §617]

 

      811.310 Crossing center line on two-way, four-lane road; exceptions; penalty. (1) A person commits the offense of crossing the center line on a two-way, four-lane road if the person is operating a vehicle on a two-way roadway that has four or more lanes for moving traffic and the person drives to the left of the center line of the roadway.

      (2) A person is not prohibited from driving to the left of the center line of a roadway by this section under the following circumstances:

      (a) When authorized by a traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic.

      (b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway, provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard.

      (c) When making a left turn at an intersection, alley or private road or driveway.

      (3) The offense described in this section, crossing the center line on a two-way, four-lane road, is a Class B traffic violation. [1983 c.338 §618]

 

      811.315 Failure of slow driver to drive on right; exceptions; penalty. (1) A person commits the offense of failure of a slow driver to drive on the right if the person is operating a vehicle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing and the person fails to drive:

      (a) In the right-hand lane available for traffic; or

      (b) As close as practicable to the right-hand curb or edge of the roadway.

      (2) This section does not apply under any of the following circumstances:

      (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing passing in ORS 811.410 to 811.425.

      (b) When preparing to turn left at an intersection, alley or private road or driveway.

      (3) The offense described in this section, failure of slow driver to drive on the right, is a Class B traffic violation. [1983 c.338 §619; 1995 c.383 §57]

 

      811.320 Failure to drive to right on divided highway; exceptions; penalty. (1) A person commits the offense of failure to drive to the right on a divided highway if the person is operating a vehicle upon a highway divided into two or more roadways by means of an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic and the person does not drive only upon the right-hand roadway.

      (2) This section does not apply if a person is operating a vehicle in accordance with traffic control devices or the directions of a police officer that differ from the requirements of this section.

      (3) The offense described in this section, failure to drive to the right on a divided highway, is a Class B traffic violation. [1983 c.338 §620]

 

      811.325 Failure to keep camper, trailer or truck in right lane; exceptions; penalty. (1) A person commits the offense of failure to keep a camper, trailer or truck in the right lane if the person is operating any of the vehicles described in this subsection and the person does not drive in the right lane of all roadways having two or more lanes for traffic proceeding in a single direction. This subsection applies to all of the following vehicles:

      (a) Any camper.

      (b) Any vehicle with a trailer.

      (c) Any vehicle with a registration weight of 10,000 pounds or more.

      (2) This section does not require the described vehicles to be driven in the right lane under any of the following circumstances:

      (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement in ORS 811.410 to 811.425 when such movement can be made without interfering with the passage of other vehicles.

      (b) When preparing to turn left.

      (c) When reasonably necessary in response to emergency conditions.

      (d) To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane.

      (e) When necessary to follow traffic control devices that direct use of a lane other than the right lane.

      (3) The offense described in this section, failure to keep camper, trailer or truck in the right lane, is a Class B traffic violation. [1983 c.338 §621; 1989 c.723 §18; 1995 c.383 §58; 2005 c.770 §7]

 

      811.330 Driving wrong way around traffic island; penalty. (1) A person commits the offense of driving the wrong way around a traffic island if the person is operating a vehicle and the person drives the vehicle around a rotary traffic island in any direction except to the right of the island.

      (2) The offense described in this section, driving the wrong way around a traffic island, is a Class B traffic violation. [1983 c.338 §622]

(Turning)

 

      811.335 Unlawful or unsignaled turn; penalty. (1) A person commits the offense of making an unlawful or unsignaled turn if the person is operating a vehicle upon a highway and the person turns the vehicle right or left when:

      (a) The movement cannot be made with reasonable safety; or

      (b) The person fails to give an appropriate signal continuously during not less than the last 100 feet traveled by the vehicle before turning.

      (2) Appropriate signals for use while turning are as designated under ORS 811.395 and 811.400.

      (3) The offense described in this section, making an unlawful or unsignaled turn, is a Class D traffic violation. [1983 c.338 §623; 1995 c.383 §59]

 

      811.340 Improperly executed left turn; penalty. (1) A person commits the offense of making an improperly executed left turn if the person operates a vehicle and is intending to turn the vehicle to the left and the person does not:

      (a) Approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle;

      (b) Make the left turn to the left of the center of the intersection whenever practicable; and

      (c) Except as otherwise allowed by ORS 811.346, leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.

      (2) The offense described in this section, improperly executing a left turn, is a Class B traffic violation. [1983 c.338 §624; 1985 c.16 §312; 1995 c.383 §60; 1997 c.468 §3]

 

      811.345 Failure to use special left turn lane; penalty. (1) A person commits the offense of failure to use a special left turn lane if the person is operating a vehicle where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic control devices and the person turns the vehicle left from any other lane.

      (2) The offense described in this section, failure to use special left turn lane, is a Class B traffic violation. [1983 c.338 §625; 1995 c.383 §61]

 

      811.346 Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane.

      (2) A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately to the right of the person’s vehicle.

      (3) As used in ORS 811.345 and this section, a “special left turn lane” is a median lane that is marked for left turns by drivers proceeding in opposite directions.

      (4) The offense described in this section, misuse of a special left turn lane, is a Class B traffic violation. [1997 c.468 §2]

 

      811.350 Dangerous left turn; penalty. (1) A person commits the offense of making a dangerous left turn if the person:

      (a) Is operating a vehicle;

      (b) Intends to turn the vehicle to the left within an intersection or into an alley, private road, driveway or place from a highway; and

      (c) Does not yield the right of way to a vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.

      (2) The offense described in this section, dangerous left turn, is a Class B traffic violation. [1983 c.338 §626; 1985 c.16 §313]

 

      811.355 Improperly executed right turn; penalty. (1) A person commits the offense of making an improperly executed right turn if the person is operating a vehicle, is intending to turn the vehicle to the right and does not proceed as close as practicable to the right-hand curb or edge of the roadway:

      (a) In making the approach for a right turn; and

      (b) In making the right turn.

      (2) The offense described in this section, improperly executed right turn, is a Class B traffic violation. [1983 c.338 §627; 1995 c.383 §62]

 

      811.360 When vehicle turn permitted at stop light; improper turn at stop light; penalty. (1) The driver of a vehicle, subject to this section, who is intending to turn at an intersection where there is a traffic control device showing a steady circular red signal 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 person’s right hand and arm horizontally.

      (b) Activation of front and rear turn signal lights on the right side of the vehicle.

      (3) To indicate a stop or a decrease in speed either of the following:

      (a) Hand and arm extended downward from the left side of the vehicle; or

      (b) Activation of brake lights on the vehicle.

      (4) Change of lane by activation of both front and rear turn signal lights on the side of the vehicle toward which the change of lane is made. [1983 c.338 §635; 1985 c.16 §314]

 

      811.400 Failure to use appropriate signal for turn, lane change, stop or exit from roundabout; penalty. (1) A person commits the offense of failure to use an appropriate signal for a turn, lane change or stop or for an exit from a roundabout if the person does not make the appropriate signal under ORS 811.395 by use of signal lamps or hand signals and the person is operating a vehicle that is:

      (a) Turning, changing lanes, stopping or suddenly decelerating; or

      (b) Exiting from any position within a roundabout.

      (2) This section does not authorize the use of only hand signals to signal a turn, change of lane, stop or deceleration when the use of signal lights is required under ORS 811.405.

      (3) The offense described in this section, failure to use appropriate signal for a turn, lane change or stop or for an exit from a roundabout, is a Class B traffic violation. [1983 c.338 §634; 1995 c.383 §66; 2001 c.464 §6]

 

      811.405 Failure to signal with lights; exceptions; penalty. (1) A person commits the offense of failure to signal with lights when required if a person is operating a vehicle and does not use the vehicle lighting equipment described under ORS 811.395 to signal when turning, changing lanes, stopping or suddenly decelerating under any of the following circumstances:

      (a) During limited visibility conditions.

      (b) At any time the person is operating a vehicle or combination of vehicles in which the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the vehicle is greater than 24 inches.

      (c) At any time the person is operating a vehicle or combination of vehicles in which the distance from the center of the top of the steering post to the rear limit of the body or load is greater than 14 feet.

      (2) This section does not require the driver of a moped or bicycle that is not equipped with lighting equipment to use lighting equipment when required by this section. A driver of such moped or bicycle shall signal by means of appropriate hand and arm signals described under ORS 811.395 without violation of this section.

      (3) The offense described in this section, failure to signal with lights when required, is a Class D traffic violation. [1983 c.338 §636; 1985 c.16 §315; 1995 c.383 §67]

(Passing)

 

      811.410 Unsafe passing on left; penalty. (1) A person commits the offense of unsafe passing on the left if the person violates any of the following requirements concerning the overtaking and passing of vehicles:

      (a) The driver of a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

      (b) Except when overtaking and passing on the right is permitted under ORS 811.415, the driver of an overtaken vehicle shall give way to the right in favor of an overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.

      (c) The driver of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing a vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the operation of a vehicle approaching from the opposite direction or a vehicle overtaken.

      (d) An overtaking vehicle shall return to an authorized lane of traffic as soon as practicable.

      (2) This section does not authorize driving on the left side of the center of the road when prohibited under the following:

      (a) Limitations on driving on the left of the center of a roadway under ORS 811.305.

      (b) Passing in a no passing zone under ORS 811.420.

      (c) ORS 811.295, 811.300 and 811.310 to 811.325 that require driving on the right.

      (3) The offense described in this section, unsafe passing on the left, is a Class B traffic violation. [1983 c.338 §637; 1987 c.158 §168a]

 

      811.415 Unsafe passing on right; penalty. (1) A person commits the offense of unsafe passing on the right if the person:

      (a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not permitted under this section.

      (b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by driving off the paved portion of the highway.

      (2) For purposes of this section, a person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances:

      (a) Overtaking and passing upon the right is permitted if:

      (A) The overtaken vehicle is making or the driver has signaled an intention to make a left turn;

      (B) The paved portion of the highway is of sufficient width to allow two or more lanes of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and

      (C) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage by the overtaking vehicle to be made in safety.

      (b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.

      (c) Overtaking and passing upon the right is permitted if the overtaking vehicle is a bicycle that may safely make the passage under the existing conditions.

      (3) The offense described in this section, unsafe passing on the right, is a Class B traffic violation. [1983 c.338 §638; 1987 c.158 §169; 2005 c.316 §1]

 

      811.420 Passing in no passing zone; exceptions; penalty. (1) A person commits the offense of passing in a no passing zone if the person drives a vehicle on the left side of a roadway in a no passing zone that has been established and designated to prohibit such movements by appropriate signs or markings posted on the roadway.

      (2) The authority to establish and post no passing zones for purposes of this section is established under ORS 810.120.

      (3) The provisions of this section do not apply under any of the following circumstances:

      (a) When a driver turns left into or from an alley, intersection, private road or driveway.

      (b) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance that would constitute an immediate hazard.

      (4) The offense described in this section, passing in a no passing zone, is a Class B traffic violation. [1983 c.338 §639; 1985 c.16 §316]

 

      811.425 Failure of slower driver to yield to overtaking vehicle; penalty. (1) A person commits the offense of failure of a slower driver to yield to overtaking vehicle if the person is driving a vehicle and the person fails to move the person’s vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when:

      (a) The driver of the overtaken vehicle is proceeding at a speed less than a speed established in ORS 811.105 as prima facie evidence of violation of the basic speed rule;

      (b) The driver of the overtaking vehicle is proceeding at a speed in conformity with ORS 811.105;

      (c) The highway is a two directional, two-lane highway; and

      (d) There is no clear lane for passing available to the driver of the overtaking vehicle.

      (2) This section does not apply to the driver of a vehicle in a funeral procession.

      (3) The offense described in this section, failure of a slower driver to yield to overtaking vehicle, is a Class B traffic violation. [1983 c.338 §640; 1991 c.482 §16; 1995 c.383 §68; 2001 c.104 §307; 2003 c.819 §15]

 

(Prohibited Places)

 

      811.430 Driving on highway divider; exceptions; penalty. (1) A person commits the offense of driving on a highway divider if the person drives a vehicle over, across or within a dividing space, barrier or section that is an intervening space, physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic and that divides a highway into two or more roadways.

      (2) 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 person’s destination without traveling upon the street, road or highway prohibited under the posted requirements.

      (4) The offense described in this section, violation of posted truck routes, is a Class B traffic violation. [1983 c.338 §647; 1985 c.393 §39; 1995 c.383 §70]

 

(Rail Crossings)

 

      811.455 Failure to stop for railroad signal; penalty. (1) A person commits the offense of failure to stop for a railroad signal if the person fails to comply with any of the following requirements:

      (a) A person who is driving a vehicle must stop the vehicle at a clearly marked stop line on the near side of a railroad crossing or, if there is no clearly marked stop line, not less than 15 feet nor more than 50 feet from the nearest rail of the crossing under any of the following circumstances:

      (A) When a clearly visible electric or mechanical signal is given by a device that warns of the immediate approach of a railroad train.

      (B) Upon the lowering of a crossing gate.

      (C) When a signal given by a flagger or police officer indicates the approach or passage of a railroad train.

      (D) When an approaching train is clearly visible and because of its nearness to the crossing is an immediate hazard.

      (E) When an audible signal is given by an approaching railroad train because its speed or nearness to the crossing is an immediate hazard.

      (b) A driver who has stopped for the passing of a train at a railroad grade crossing in accordance with the provisions of this section shall not proceed across the railroad tracks until the driver can do so safely.

      (c) A person shall not drive any vehicle through, around or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

      (2) The offense described in this section, failure to stop for a railroad signal, is a Class B traffic violation. [1983 c.338 §648; 1985 c.16 §317; 1995 c.383 §71; 1997 c.249 §232; 2001 c.492 §3]

 

      811.460 Failure to follow rail crossing procedures for high-risk vehicles; application; penalty. (1) A person commits the offense of failure to follow rail crossing procedures for high-risk vehicles if the person takes any vehicle described in this section across any railroad or rail fixed guideway system tracks at grade without doing all of the following:

      (a) Stopping the vehicle at a clearly marked stop line or, if there is not a clearly marked stop line, not less than 15 feet nor more than 50 feet from the nearest rail of the railroad or rail fixed guideway system.

      (b) While so stopped, listening and looking in both directions along the tracks for approaching trains or rail fixed guideway system vehicles and for signals indicating approaching trains or rail fixed guideway system vehicles.

      (c) Proceeding across the tracks after stopping only when such movement can be performed safely in the gear of the motor vehicle that does not require manually changing gears while proceeding.

      (d) Proceeding across the tracks without manually changing gears.

      (2) This section applies to the following vehicles when moved across railroad or rail fixed guideway system tracks:

      (a) A school bus.

      (b) A school activity vehicle with a loaded weight of 10,000 pounds or more.

      (c) A worker transport bus.

      (d) Any bus operated for transporting children to and from church or an activity or function authorized by a church.

      (e) Any vehicle used in the transportation of persons for hire by a nonprofit entity as provided under ORS 825.017 (9).

      (f) A commercial bus.

      (g) A motor vehicle carrying as a cargo or part of a cargo any explosive substance, inflammable liquids, corrosives or similar substances or any cargo that the Department of Transportation determines to be hazardous. For purposes of this paragraph, the department may only determine a substance to be hazardous by rule. Any rules adopted by the department to determine hazardous substances must be consistent with substances classified as hazardous by the United States Secretary of Transportation.

      (h) A tank vehicle, whether loaded or empty, used for the transportation of any hazardous material.

      (3) Exemptions to this section are provided under ORS 811.465.

      (4) The offense described in this section, failure to follow rail crossing procedures for high-risk vehicles, is a Class B traffic violation. [1983 c.338 §649; 1985 c.16 §318; 1985 c.420 §9; 1989 c.992 §20; 1995 c.383 §72; 1995 c.733 §49; 2001 c.104 §308; 2001 c.492 §4; 2001 c.522 §5]

 

      811.462 Failure of operator of commercial motor vehicle to slow down and check tracks; penalty. (1) A person commits the offense of failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train if the person:

      (a) Is operating a commercial motor vehicle that is not required by ORS 811.460 to stop before reaching a rail crossing;

      (b) Is approaching a rail crossing at grade; and

      (c) Fails to slow down and check that the tracks are clear of an approaching train before proceeding across the railroad tracks.

      (2) The offense described in this section, failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train, is a Class B traffic violation. [2001 c.492 §7]

 

      811.465 Exemptions from high-risk vehicle rail crossing procedures. This section establishes exemptions from the special crossing procedures established for high-risk vehicles under ORS 811.460. The exemptions are partial or complete as described in the following:

      (1) The vehicles are not required to comply with the procedures at a crossing of a street or highway and rail fixed guideway system tracks if:

      (a) The rail fixed guideway system vehicles operate within and parallel to the right of way of a street or highway; and

      (b) All vehicle movements are controlled by traffic control devices.

      (2) The vehicles are not required to comply with the procedures when crossing any railway tracks upon which operation has been abandoned and for which the Department of Transportation has plainly marked that no stop need be made.

      (3) The vehicles are not required to comply with the procedures when crossing industry track crossings across which train operations are required by law to be conducted under flag protection.

      (4) The vehicles are not required to comply with the procedures when crossing industry track crossings within 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 driver’s vehicle, unless movement forward is necessary to avoid an accident, and, if requested, shall turn off the engine until the livestock is under control.

      (c) A driver shall yield the right of way to livestock being driven on a highway.

      (2) This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.

      (3) The offense described in this section, dangerous operation around livestock, is a Class B traffic violation. [1983 c.338 §666]

 

      811.512 Unlawfully operating low-speed vehicle on highway; penalty. (1) A person commits the offense of unlawfully operating a low-speed vehicle on a highway if the person operates a low-speed vehicle on a highway that has a speed limit or posted speed of more than 35 miles per hour.

      (2) Notwithstanding subsection (1) of this section, a city or county may adopt an ordinance allowing operation of low-speed vehicles on city streets or county roads that have speed limits or posted speeds of more than 35 miles per hour.

      (3) The offense described in this section, unlawfully operating a low-speed vehicle on a highway, is a Class B traffic violation. [2001 c.293 §8]

 

      811.514 Unlawfully operating racing activity vehicle on highway; penalty. (1) A person commits the offense of unlawfully operating a racing activity vehicle on a highway if the person operates a racing activity vehicle on a highway that has a speed limit or posted speed that is greater than 55 miles per hour.

      (2) The offense described in this section, unlawfully operating a racing activity vehicle on a highway, is a Class B traffic violation. [2007 c.693 §3c]

 

      Note: 811.514 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

USE OF LIGHTS AND WARNINGS

 

(Lights)

 

      811.515 When lights must be displayed; kind of light; number; direction; use on certain vehicles. This section establishes requirements for ORS 811.520. Except where an exemption under ORS 811.525 specifically provides otherwise, a vehicle that does not comply with this section is in violation of ORS 811.520. Where specific types of lighting equipment are mentioned in this section, those types are types described in ORS 816.040 to 816.290. The requirements under this section are as follows:

      (1) Subject to any other provision of this section, any lighting equipment a vehicle is required to be equipped with under ORS 816.040 to 816.290 must be displayed when the vehicle is upon a highway within this state at any time limited visibility conditions exist. The provisions of this subsection apply during the times stated when the required visibility is measured on a straight, level unlighted highway.

      (2) Parking lights and lights other than clearance, identification and marker lights that are mounted on the front of a vehicle and are designed to be displayed primarily when the vehicle is parked shall not be lighted when a vehicle is driven upon a highway at times when limited visibility conditions exist except when:

      (a) The lights are being used as turn signals; or

      (b) The headlights are also lighted at the same time.

      (3) Any vehicle parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during times when limited visibility conditions exist must display parking lights.

      (4) All vehicles not specifically required by ORS 816.320 to be equipped with lighting equipment shall at times when limited visibility conditions exist display exempt-vehicle safety lighting equipment. This section includes, but is not limited to, animal drawn vehicles and vehicles exempted from required lighting equipment under ORS 816.340.

      (5) Tow vehicle warning lights on tow vehicles shall be activated when the tow vehicles are engaged in connecting with other vehicles and drawing such vehicles onto highways or while servicing disabled vehicles.

      (6) When limited visibility conditions exist a person shall use a distribution of light or composite beam that is directed sufficiently high and that is of such intensity so as to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle. A person violates this subsection if the person does not comply with the following:

      (a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, the driver must use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The use of the low beams of the vehicle headlight system is in compliance with this paragraph at all times regardless of road contour and loading of the vehicle.

      (b) Except when in the act of overtaking or passing, a driver of a vehicle following another vehicle within 350 feet to the rear must use the low beams of the vehicle headlight system.

      (7) When a vehicle is upon a highway a person shall light not more than a total of four lights at any one time that are mounted on the front of a vehicle and that each projects a beam of intensity greater than 300 candlepower.

      (8)(a) A light, other than a headlight, that projects a beam of light of an intensity greater than 300 candlepower shall not be operated on a vehicle:

      (A) Unless the beam is so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle; or

      (B) Except as provided in paragraph (b) of this subsection, when use of the low beams of the vehicle headlight system is required under subsection (6) of this section.

      (b) Notwithstanding paragraph (a)(B) of this subsection, a light, other than a headlight, may be lighted on a motorcycle provided that the intensity of the light does not exceed the intensity of the low beams of the headlight system. A motorcycle may not be operated with more than two lights, other than headlights, under this paragraph.

      (9) A spotlight shall not be lighted upon approaching another vehicle unless the spotlight is so aimed and used so that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle upon which it is mounted, more than 100 feet ahead of the vehicle.

      (10) Auxiliary lights mounted higher than 54 inches shall not be lighted when the vehicle is used on a highway.

      (11) A back-up light shall not be lighted when the vehicle is in forward motion.

      (12) Bus safety lights shall only be operated in accordance with the following:

      (a) The lights may be operated when the vehicle is stopping or has stopped for the purpose of loading or unloading students who are going to or from any school or authorized school activity or function.

      (b) The lights may be operated when the vehicle is stopping or has stopped for the purpose of loading or unloading workers from worker transport buses.

      (c) The lights may be operated when the vehicle is stopping or has stopped for the purpose of loading or unloading children being transported to or from religious services or an activity or function authorized by a religious organization.

      (d) The lights may be operated when the vehicle is stopping or has stopped in a place that obstructs other drivers’ ability to see the bus safety lights on another vehicle.

      (e) Notwithstanding any other paragraph of this subsection, the lights shall not be operated if the vehicle is stopping or has stopped at an intersection where traffic is controlled by electrical traffic control signals, other than flashing signals, or by a police officer.

      (f) Notwithstanding any other paragraph of this subsection, the lights shall not be operated if the vehicle is stopping or has stopped at a loading or unloading area where the vehicle is completely off the roadway.

      (13)(a) Hazard lights shall be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing.

      (b) Hazard lights shall be used by the first and last vehicles in a funeral procession.

      (14) Mail delivery lights may be used only while in active service transporting United States mail for the purpose of warning other vehicle operators of the vehicle’s presence and to exercise caution in approaching, overtaking or passing. A vehicle with mail delivery lights is in compliance with this subsection if the lights are flashed continuously while the vehicle is in motion in active service transporting mail or if the lights are actuated by application of the service brake while the vehicle is parked.

      (15) A pilot vehicle warning light may be activated only when the vehicle equipped with the light is an escort accompanying a motor vehicle carrying or towing a load of a size or description not permitted under ORS 818.020, 818.060, 818.090 or 818.160.

      (16) Fire company warning lights authorized under a permit granted under ORS 818.250 may be used by the persons authorized under the permit while being driven to a fire station or fire location in response to a fire alarm. Fire company warning lights authorized under ORS 811.800 may be used by funeral escort vehicle or funeral lead vehicle drivers while driving in a funeral procession. The lights shall be covered or otherwise concealed when not being displayed as provided in this subsection.

      (17) Any lighted headlights upon a parked vehicle shall be dimmed.

      (18) Commercial vehicle warning lights may be used only:

      (a) To warn operators of other vehicles of the presence of a traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing the commercial vehicle; and

      (b) When the commercial vehicle is being used for commercial purposes and the vehicle is:

      (A) Stopped, parked or left standing at a commercial or work site; or

      (B) In a highway work zone as defined in ORS 811.230. [1983 c.338 §660; 1985 c.71 §7; 1989 c.402 §1; 1991 c.482 §19; 2003 c.118 §2; 2003 c.245 §1]

 

      811.520 Unlawful use or failure to use lights; penalty. (1) A person commits the offense of unlawful use or failure to use lights if the person does any of the following:

      (a) Drives or moves on any highway any vehicle at a time when vehicle lighting is required to be operated or is prohibited from being operated under ORS 811.515 and operates or fails to operate lighting equipment as required under ORS 811.515.

      (b) Owns a vehicle or combination of vehicles and causes or knowingly permits the vehicle or combination of vehicles to be driven or moved on any highway at a time when ORS 811.515 requires or prohibits the operation of vehicle lighting equipment without compliance with the requirements under ORS 811.515.

      (c) Drives any vehicle in a funeral procession without using the low beam headlights.

      (2) The application of this section is subject to the exemptions from this section established under ORS 811.525.

      (3) The offense described in this section, unlawful use of or failure to use lights, is a Class B traffic violation, except that violation of ORS 811.515 (3), (4), (13) or (17) or subsection (1)(c) of this section is a Class D traffic violation. [1983 c.338 §659; 1985 c.16 §323; 1991 c.482 §21; 1995 c.383 §21]

 

      811.525 Exemptions from requirements for use of lights. This section establishes exemptions from ORS 811.515 and 811.520. The exemptions under this section are in addition to any exemptions under ORS 801.026. The exemptions established under this section are partial or complete as described in the following:

      (1) ORS 811.515 and 811.520 shall not be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of those sections.

      (2) Except for the provisions relating to exempt-vehicle safety lighting equipment, ORS 811.515 and 811.520 do not apply to any of the following:

      (a) Road machinery.

      (b) Road rollers.

      (c) Farm tractors.

      (d) Antique motor vehicles that are maintained as a collector’s item and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

      (3) Whenever motor and other vehicles are operated in combination during the time that lights are required, any lighting equipment, except the taillight, which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, need not be lighted. This subsection shall not affect the requirement that lighted clearance lights be displayed on the front of the foremost vehicle required to have clearance lights nor the requirement that all lights on the rear of the rearmost vehicle of the combination be lighted.

      (4) Lighting equipment on bicycles shall be lighted as required under ORS 815.280.

      (5) Parked or stopped vehicles are not required to display parking lights if the road authority for the highway provides by ordinance or resolution that no lights need be displayed upon a vehicle parked on the highway in accordance with legal parking regulations where there is sufficient light to render clearly discernible any person or object within a distance of 500 feet from the highway.

      (6) Nothing under ORS 811.515 and 811.520 limits the ability to use the following lights with any other lights during the day or at night:

      (a) Public vehicle warning lights.

      (b) Pilot vehicle warning lights.

      (c) Tow vehicle warning lights.

      (d) Police lights.

      (e) Warning lights on vehicles at the scene of an actual or potential release of hazardous materials, as described in ORS 816.280.

      (f) Warning lights on vehicles being used by medical examiners to reach the scene of an accident or of a death investigation, as described in ORS 816.280.

      (g) Commercial vehicle warning lights.

      (7) Requirements for use of motorcycle and moped headlights are under ORS 814.320.

      (8) Requirements for lighting equipment for an electric personal assistive mobility device are under ORS 815.284. [1983 c.338 §661; 1985 c.16 §324; 1985 c.71 §8; 1999 c.497 §2; 2003 c.245 §2; 2003 c.341 §9]

 

      811.526 Safety campaign for use of headlights. The Department of Transportation shall conduct a safety campaign to educate people about the advantages of using headlights in fog or rain or when driving on a single lane highway. The campaign shall include, but need not be limited to, encouraging people to drive with headlights on under the specified conditions. [1997 c.464 §1]

 

      Note: 811.526 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Flares)

 

      811.530 Failure to post warnings for disabled vehicle; application; penalty. (1) A person commits the offense of failure to post warnings for a disabled vehicle if the person is the driver, or other person in charge of a vehicle subject to this section, and the person does not cause the placement of such roadside vehicle warning devices as the Department of Transportation may require under ORS 815.035 when the vehicle is disabled during limited visibility conditions and cannot immediately be removed from the main traveled portion of a highway outside of a business district or residence district.

      (2) This section applies only to the following vehicles:

      (a) School buses.

      (b) School activity vehicles.

      (c) Worker transport buses.

      (d) Vehicles used in transportation of persons for hire by a nonprofit entity as provided in ORS 825.017 (9).

      (e) A bus being operated for transporting children to and from religious services or an activity or function authorized by the religious organization.

      (f) Commercial buses.

      (g) Motor trucks with a registration weight in excess of 8,000 pounds.

      (h) Trailers with a registration weight in excess of 8,000 pounds.

      (3) Requirements to be equipped with roadside vehicle warning devices are contained in ORS 815.285.

      (4) The offense described in this section, failure to post warnings for a disabled vehicle, is a Class B traffic violation. [1983 c.338 §662; 1985 c.16 §325; 1985 c.420 §11; 1989 c.992 §21]

 

OBEYING POLICE

 

      811.535 Failing to obey police officer; penalty. (1) A person commits the offense of failing to obey a police officer if the person refuses or fails to comply with any lawful order, signal or direction of a police officer who:

      (a) Is displaying the police officer’s star or badge; and

      (b) Has lawful authority to direct, control or regulate traffic.

      (2) The offense described in this section, failing to obey a police officer, is a Class B traffic violation. [1983 c.338 §663; 1995 c.383 §79]

 

      811.540 Fleeing or attempting to elude police officer; penalty. (1) A person commits the crime of fleeing or attempting to elude a police officer if:

      (a) The person is operating a motor vehicle; and

      (b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:

      (A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or

      (B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.

      (2) It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.

      (3) The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:

      (a) Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or

      (b) Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]

 

PARKING, STOPPING AND STANDING

 

(Generally)

 

      811.550 Places where stopping, standing and parking prohibited. This section establishes places where stopping, standing and parking a vehicle are prohibited for purposes of the penalties under ORS 811.555. Except as provided under an exemption in ORS 811.560, a person is in violation of ORS 811.555 if a person parks, stops or leaves standing a vehicle in any of the following places:

      (1) Upon a roadway outside a business district or residence district, whether attended or unattended, when it is practicable to stop, park or leave the vehicle standing off the roadway. Exemptions under ORS 811.560 (1), (7) and (9) are applicable to this subsection.

      (2) On a shoulder, whether attended or unattended, unless a clear and unobstructed width of the roadway opposite the standing vehicle is left for the passage of other vehicles and the standing vehicle is visible from a distance of 200 feet in each direction upon the roadway or the person, at least 200 feet in each direction upon the roadway, warns approaching motorists of the standing vehicle by use of flaggers, flags, signs or other signals. Exemptions under ORS 811.560 (9) are applicable to this subsection.

      (3) On the roadway side of a vehicle stopped or parked at the edge or curb of a highway. Exemptions under ORS 811.560 (7) are applicable to this subsection.

      (4) On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (5) Within an intersection. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (6) On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (7) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs and markings. For purposes of this subsection the safety zone must be an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (8) Alongside or opposite a street excavation or obstruction when stopping, standing or parking would obstruct traffic. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (9) Upon a bridge or other elevated structure upon a highway. Exemptions under ORS 811.560 (4) to (8) are applicable to this subsection.

      (10) Within a highway tunnel. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (11) On any railroad or rail fixed guideway system tracks or within seven and one-half feet of the nearest rail at a time when the parking of vehicles would conflict with operations or repair of the tracks. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (12) On a throughway. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

      (13) In the